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[Board of Adjustments: Panel C on November 13, 2023.]
PANEL C IS HEREBY CALLED TO ORDER AND RECONVENED AT 1:00 PM ON MONDAY, NOVEMBER 13TH, 2023 FOR OUR PUBLIC HEARING.I'M ROBERT AGNI AND I'M HONORED TO SERVE AS THE VICE-CHAIR OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF THIS PANEL.
CA QUORUM EXISTS AND IS PRESENT, AND THEREFORE WE CAN MOVE ON WITH OUR MEETINGS.
BY WAY OF INTRODUCTION, UH, AS I SAID, I'M ROBERT AGNI.
TO HIS LEFT IS JUDY P*****K, THEN RODNEY MILLIKEN.
AND LAST BUT NEVER LEAST, ROGER, SASHA.
UM, YOU WILL, UH, ANDREW FINNEY, WE HOPE JOINS US, UH, FOR A SPECIAL CIRCUMSTANCE.
UH, PROFESSIONAL STAFF PRESENT INCLUDES MATTHEW SAPP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
KAMIKA MILLER HOSKINS, SENIOR PLANNER, DIANA BAR, DEVELOPMENT CODE SPECIALIST COORDINATOR, NORA CASTANEDA, SENIOR PLANS EXAMINER, JASON POOLE, DEVELOPMENT SERVICES ADMINISTRATOR, WHO WILL ALSO SERVE AS OUR BOARD ADMINISTRATOR TODAY, MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR IF YOU, UH, SUBMIT A CARD OR EVIDENCE, UH, YOU DO IT THROUGH MARY, SO BE NICE TO HER.
UH, ALSO HERE IS PHIL IRWIN, OUR CHIEF ARBORIST, I BELIEVE IS IT'S OKAY.
UH, MR. DAVID NAVAREZ, AND THEY DON'T GIVE ME YOUR TECHNICAL TITLE, UH, BUT HE IS CZAR OF ENGINEERING.
WILL YOU HANDLE, WILL YOU GO WITH CZAR OF ENGINEERING? OKAY.
UM, HAVE I MISSED THAT? OH, OUR FIRST MEETING, UM, MY APOLOGIZE.
MR. WILLIE FRANKLIN? NO, BRYANT THOMPSON, SENIOR PLANNER.
BUT SINCE IT IS YOUR YOUR FIRST MEETING, UH, WOULD YOU SAY A QUICK INTRODUCTION? YES.
UH, BRIAN THOMPSON, SENIOR PLANNER AND I LOOK MUCH BETTER THAN FAIR.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE NATURE OF THE BOARD AND THE WAY WE OPERATE.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL AND BY THE MAYOR.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES, AND UNLESS OTHERWISE INDICATED, EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY STAFF THIS MORNING AND HAVE ALSO REVIEWED A DETAILED DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING ON OUR WEBSITE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD.
SECRETARY, MS. WILLIAMS, WHEN YOUR CASE IS CALLED, THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, A SPECIAL EXCEPTION OR A REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRE 75% OR FOUR AFFIRMATIVE VOTES AFFIRM OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER IN THE PUBLIC TESTIMONY PORTION OF OUR HEARING WILL BE GIVEN A MAXIMUM OF THREE MINUTES, AND YOU MAY SPEAK ON ANY TOPIC, UH, THAT IS ON OUR AGENDA.
WHEN A SPECIFIC CASE IS CALLED FOR THE PUBLIC HEARING, THE APPLICANT WILL BE GIVEN FIVE MINUTES, THE OPPOSITION FIVE MINUTES,
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AND THE APPLICANT WILL HAVE A TWO AND A HALF MINUTE REBUTTAL.THESE OFTEN GET EXTENDED TO FAIRNESS, BUT THEY WILL BE EQUAL, AND THAT'S GENERALLY MY DISCRETION.
UH, NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
YOUR FACE NEEDS TO BE ON SCREEN.
UH, ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER, UH, WHO, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
UM, FOR THOSE OF YOU WHO DON'T KNOW, THE BOARD OF ADJUSTMENT HAS 15 MEMBERS.
WE SIT IN THREE PANELS OF FIVE.
WE ALSO HAVE FIVE ALTERNATES WHO FILL IN WHEN A MEMBER IS EITHER UNABLE TO BE PRESENT OR, UH, HAS A CONFLICT.
UM, THE ALTERNATES USUALLY DON'T GET MUCH LEAD TIME.
UH, THEY, THEY SHOW UP SOMETIMES MORE THAN ONE DAY A MONTH.
AND IN THIS CASE, MR. FINNEY IS HERE FOR ONE CASE.
UH, THE FROM WHICH I HAVE TO RECUSE MYSELF.
SO HE'S, HE'S GIVEN HIS A CHUNK OF HIS DAY FOR, FOR ONE CASE.
SO WE WE'RE REALLY APPRECIATIVE.
UH, IT ALLOWS US TO HAVE FIVE MEMBERS.
THAT'S, THAT ALLOWS US TO BE FAIR.
ORDERS OF BUSINESS? THE, UH, NO, THE, UM, YEAH, I DON'T KNOW.
UM, YOU HAVE REVIEWED, UM, UH, OUR, UH, OUR MINUTES FROM OUR OCTOBER 31ST, 2023 MEETING.
DO I HAVE A MOTION TO APPROVE THOSE MINUTES? I MAKE A MOTION THAT THE MINUTES OF THE OCTOBER 31ST MEETING PANEL C ARE ACCEPTED AS PRESENTED STATUTE SECOND, SECOND.
AND MR. STATON ALL IN FAVOR, PLEASE SAY AYE.
SECONDLY, OUR MINUTES FROM OUR JULY, I BELIEVE 17TH, 2023 MEETING, WHICH WAS OUR LAST MEETING.
DO I HAVE A MOTION TO APPROVE THOSE MINUTES? VICE CHAIR, I ASSUME MOVE TO APPROVE THOSE MINUTES.
UM, ALL FUTURE VOTES WILL BE DONE BY ROLL CALL.
UM, DO WE HAVE SPEAKERS REGISTERED FOR THE PUBLIC TESTIMONY PART OF OUR HEARING? NO PUBLIC SPEAKERS REGISTER, SIR.
UM, THE ORDER OF OUR DOCKET CHANGED THIS MORNING, UH, BUT BECAUSE ALL BUT ONE CASE WAS PULLED TO, UH, TO OFF OF CONSENT TOWARDS AN INDIVIDUAL CASE, UH, I'D LIKE TO HEAR IT IN ORDER.
UH, AT THIS POINT, I WILL, UH, RECUSE MYSELF AND LEAVE THE ROOM.
MR. FINNEY WILL THEN TAKE MY PLACE, UH, ALLOWING US A FIVE PERSON QUORUM.
UH, VICE CHAIRMAN SLAVE WILL SERVE AS THE, UH, VICE CHAIR.
UM, THEN LET'S CALL TO ORDER, UH, BDA TWO TWO THREE DASH 0 8 8.
UM, THIS IS ON THE CONSENT DOCKET.
DOES ANYONE WISH TO DIS DISCUSS?
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SAY NONE.DOES ANYONE HAVE A MOTION? CHAIRMAN, I WILL MAKE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 2 3 0 8 8 AN APPLICATION OF DR. KENNETH COOPER.
GRANT, THE REQUEST OF THIS APPLICANT FOR THE SPECIAL EXEMPTION TO THE LANDSCAPE REQUIREMENTS CONTAINED IN ARTICLE 10 OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT NUMBER ONE, STRICT COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.
NUMBER TWO, THE SPECIAL EXEMPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
AND NUMBER THREE, THE REQUIREMENTS ARE NOT IMPOSED BY SITES SPECIFIC LANDSCAPE PLAN OR TREE MITIGATION PLAN APPROVED BY THE CITY PLAN COMMISSION OR CITY COUNCIL.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
MS. P*****K, DO I HAVE A SECOND? I SECOND MILLIKEN.
ANYONE WISH TO DISCUSS BEFORE WE TAKE A VOTE? SEEING NONE, WOULD YOU PLEASE CALL THE VOTE MR. SLAY? AYE.
MOTION PASSES FIVE TO ZERO WITH THAT INDULGES.
JUST A MOMENT WHILE WE GO GET MR. TO RETURN.
AND WHILE WE'RE WAITING, I JUST WANNA SAY THANK YOU TO MR. FINNEY FOR MAKING HIMSELF AVAILABLE TO SUB IN, UH, FOR THIS CASE.
I'M GUESSING HE SAID EXACTLY WHAT I'M GONNA SAY, BUT, BUT I REALLY APPRECIATE YOU, UH, YOU BEING HERE.
UH, WELL YOU ATTENDING, UM, AND TAKING YOUR TIME.
AND, UH, OF COURSE YOU'RE, YOU'RE WELCOME TO STAY, BUT YOU DON'T HAVE TO.
YOU ARE RELEASED OF YOUR OBLIGATIONS.
UM, AT THIS POINT, IF YOU'RE HERE TO TALK ABOUT BDA 2 2 3 DASH OH EIGHT SIX, WILL YOU RAISE YOUR HAND? THAT'S TOPEKA.
WELL, I'LL CALL THE CASE BDA TWO TWO THREE DASH 0 8 6 33 44 TOPEKA AVENUE.
IS THE APPLICANT HERE, MS. CERVANTES IS ONLINE A WILL YOU PLEASE, UH, SWEAR HER IN.
MS. CERVANTES, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
I'M GONNA ASSUME THAT'S A YES.
OH, UH, WE, WE DO NEED TO FIGURE OUT THE AUDIO THOUGH.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
FRANCIS CERVANTES, ADDRESS 33 44 TOPEKA AVENUE, DALLAS, TEXAS 7 5 2 2 MS. I'M SORRY.
UM, THERE'S ECHO IN YOUR, WITH YOUR AUDIO.
DO YOU HAVE YOUR, UM, YOUR COMPUTER SPEAKER ON? YES, YOU DO.
SO BECAUSE YOU NEED TO HEAR US.
UM, I, I NEED TO TURN ONE, I'LL TURN ONE OFF.
WHATEVER YOU DID, YOU'RE GOOD THERE.
DON'T, DON'T, DON'T CHANGE IT.
YOU CAN SPEAK MS. MRS. UH, WELL, I'M
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JUST HERE IF THERE'S ANY, UM, QUESTIONS REGARDING IT.MR. MR. SLATE, MAY I ASK A QUESTION? YES.
UM, MR. CERVANTES, THANK YOU FOR TAKING THE TIME.
SO TO POSSIBLY GIVE YOU THE RELIEF YOU'RE SEEKING.
UM, WE HAVE TO IDENTIFY A COUPLE, THREE DIFFERENT REQUIREMENTS.
UM, SO I'M GONNA ASK SOME QUESTIONS DESIGNED TO SEE WHAT YOUR RESPONSES ARE ABOUT THEM.
UM, FIRST, UM, CAN YOU HELP US UNDERSTAND WHAT IT IS ABOUT YOUR PROPERTY THAT MAKES IT NECESSARY TO GET THE RELIEF YOU'RE ASKING FOR, TO PERMIT DEVELOPMENT OF THIS PARCEL OF LAND? OKAY, SO, UM, SORRY.
IT'S BECAUSE I WAS LOGGED IN A, A TABLET.
SO THE REASON WHY IS BECAUSE, UM, WE HAVE A CREEK IN OUR BACKYARD, SO WE'RE BY A, A FLOOD PLAIN ZONE.
SO WE CAN'T, UM, CONSTRUCT THE HOUSE.
UM, WE'RE KIND OF LIMITED WHERE WE CAN BUILD BECAUSE THEY CAN'T BE, UM, CERTAIN FEET TOO CLOSE BY THE CREEK.
SO THEY TOLD US WE CANNOT HAVE THE HOME, LIKE HALF OF THE HALF OF THE AREA WE CANNOT BUILD ON BECAUSE IT'S CLOSE TO THE FLOOD ZONE.
SO WE'RE KIND OF LIMITED WHERE WE CAN BUILD.
SO WHEN, UH, WE SPOKE TO THE FLOOD ZONE DEPARTMENT, THEY TOLD US, YOU KNOW, THE HOUSE NEEDS TO BE MORE TO THE FRONT BECAUSE IF NOT, YOU KNOW, IT'S GONNA BE A REALLY, REALLY SMALL HOME.
SO THAT'S WHY WE WANTED TO HAVE THE 13 FOOT VARIANCE BECAUSE WHEN WE SUBMITTED THE PLAZA SAID WE HAVE TO HAVE 20 FEET.
BUT DUE TO THE, UM, AREA WE'RE IN, WE CAN'T HAVE THE HOME BUILT TOO FAR BACK.
AND MOST OF THE HOME, UM, IN THE NEIGHBORHOOD, THEY'RE ALL, YOU KNOW, THEY'VE BEEN THE SAME.
THEY'RE, YOU KNOW, A FEW FEET, UM, FROM THE PROPERTY LINE.
SO THAT BRINGS ME TO THE NEXT QUESTION A ABOUT, UM, THE SETUP.
HOW DOES THE AMOUNT YOU'RE ASKING FOR IN TERMS OF THE SETBACK OFF THE STREET, HOW DOES THAT COMPARE TO THAT OF YOUR NEIGHBORS AROUND YOU? ARE THEY ALL 20 FEET? THEY'RE ALL THE SAME.
I, I DON'T THINK I'VE SEEN ANY HOMES ABOUT 20 FEET.
'CAUSE THEY'RE ALL OLDER HOMES.
I'M SORRY, I THINK I HEARD TWO DIFFERENT THINGS.
ARE THEY THE SAME AS YOURS OR WHAT WE WANT YES.
YOU'RE PROPOSING OF WHAT YOU'RE PROPOSING? YES.
UM, AND AM I RIGHT THAT YOU, WHAT YOU'RE SAYING IS YOU UNDERSTAND YOU CAN'T BUILD ANY DEEPER INTO THE LOT THAN WHAT YOU'RE PROPOSING TO BUILD THAT, THAT'S KIND OF WHERE THE CUTOFF IS FOR YOU, CORRECT? YES.
AND THAT'S BECAUSE THE FLOOD PLAIN, CORRECT? YES.
UM, HE TOLD US THERE'S LIKE A, A, A CERTAIN LINE WE COULDN'T CROSS WHEN WE SUBMITTED THE PLANS.
SO EVEN THOUGH WE HAVE THE, YOU KNOW, THE AREA IN THE BACK, HE SAID WE CANNOT BUILD TOO CLOSE TO IT A CERTAIN FEET.
WHEN WE SUBMITTED THE PLANS TO THE FLOOD ZONE, AND BECAUSE I GUESS, UM, ON THE STREET, THE SIDE THAT THE HOUSE IS IN, THE PROPERTY, ALL THE HOMES, UM, THE CREEK GOES LIKE CURVED, SO IT CUTS LIKE PART OF THE, THE BACKYARD OF THE HOME.
SO IT GETS LIKE SMALLER GOING DOWN THE STREET ON THE CREEK ON THE BACKYARD, MR. SLAY.
AND AM I RIGHT THAT MAINLY THE PART THAT YOU'RE NEEDING RELIEF FOR IS TO BUILD A FRONT PORCH? THE PORT? IT IS A HOUSE INCLUDING THE PORCH? YES.
MR. SASHING, UM, JUST TO CONFIRM, THE STRUCTURES THAT WOULD, UM, ACCOMPLISH THE PORCH ARE STRUCTURES THAT ARE, UH, THERE TO SUPPORT THE, THE ACTUAL LIVING AREA AS WELL.
IS THAT, IS IS, IS THAT CORRECT IN WHAT I'M SAYING? CORRECT.
SO IS THERE A SINGLE STORY OR TWO STORY? NO, IT'S A SMALL HOME.
SO THOSE STRUCTURES DO NOT, DO NOT SUPPORT A SECOND STORY.
SO IT'S JUST A FRONT PORCH? YES.
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OTHER QUESTION, MS. P*****K? I HAVE A QUESTION.IT SAYS ON ONE OF THESE DOCUMENTS, UH, FROM THE CITY, IT SAYS PER FLOOD ZONE MAY NOT PROVIDE 20 FEET FRONT YARD SETBACK.
SO IS THIS A HARD AND FAST NUMBER THAT THE CITY GAVE TO YOU, THAT YOU HAD TO BUILD A HOUSE WHERE YOU'RE INTENDING TO DO IT BASED UPON A STRICT GUIDELINES FROM THE CITY THAT YOU CAN'T MOVE IT BACK LIKE TWO FEET? CORRECT.
BECAUSE THE, THE PLANS THAT I GAVE HIM, HE'S LIKE, YOU NEED TO MOVE THE HOUSE FORWARD BECAUSE YOU CAN'T BUILD PAST A CERTAIN LINE.
SO HE TOLD ME I NEED TO MOVE IT, YOU KNOW, FORWARD.
BUT MOST OF THE, UH, HOMES, YOU KNOW, HAVE LIKE A, FROM THE PROPERTY LINE, UM, I HAVEN'T SEEN ANY THAT ARE 20 FEET BACK.
I DON'T KNOW IF THAT'S MAYBE FOR THE NEW CONSTRUCTIONS, BUT MOST OF THESE HOMES ARE, YOU KNOW, OLDER HOMES AND MOST OF THEM ARE, YOU KNOW, CLOSER TO THE FRONT.
SO IF YOU, IF YOU DIDN'T RECEIVE THIS, UH, APPROVAL, UH, APPROVAL FOR THIS, THIS APPLICATION, YOU WOULD'VE TO BUILD A SMALLER HOUSE, CORRECT? CORRECT.
ARE THERE OTHER QUESTIONS? HEARING NONE.
ARE THERE OTHER SPEAKERS IN FAVOR OF THE APPLICATION? NO, NO.
THOSE SPEAKERS, SIR, ARE THERE SPEAKERS IN OPPOSITION? NO.
MR. SASHEN, IS YOUR MIC ON? THANK YOU.
UM, BEFORE WE LET THE APPLICANT GO, UM, IS, IS IT OKAY IF I JUST ASK ONE ADDITIONAL QUESTION OR IS IT TOO LATE? LET ME ALLOW HER A, HER REBUTTAL AND I SUSPECT WE CAN FIND A WAY TO DO THAT.
UM, TO THE EXTENT YOU, YOU WOULD LIKE IT, YOU HAVE A TWO AND A HALF MINUTE REBUTTAL.
I SUSPECT MR. SINGTON WOULD JUST LIKE TO ASK YOU A QUESTION.
OKAY, MR. SASH? UH, YEAH, SO I, I GUESS WHAT I'M TRYING TO GET AT WITH MY EARLIER QUESTION IS, UM, IT LOOKS LIKE YOU HAVE ROUGHLY, UM, YOU, YOU, I I CAN'T TELL HOW MANY FEET FOR THE FRONT PORCH.
UM, IF IF THE FRONT PORCH WERE NOT PART OF THE CONSTRUCTION, WOULD YOU THEN BE WITHIN, UH, BECAUSE IT DOESN'T APPEAR THAT THE STRUCTURES THAT ARE SUP, THAT ARE SUPPORTING ARE, UM, PART OF THE FRONT PORCH ARE PART OF THE, THE, UM, THE, UH, STRUCTURAL INTEGRITY OF THE, OF THE LIVING AREA.
SO IF YOU REMOVE THE FRONT PORCH, WOULD YOU THEN BE ABLE TO CONSTRUCT, UM, THE, THE HOUSE MINUS THE FRONT PORCH? MM.
THAT, THAT WOULD STILL BE, UM, 13 FEET FROM THE PROPERTY LINE WHERE THE STARTING OF THE ACTUAL HOME WOULD IT BE, SIR? YES, SIR.
SIR IS SOME ADDITIONAL INFORMATION I WOULD LIKE TO ADD.
SO, UH, THE LOT LENGTH, UM, IS APPROXIMATELY 215 FEET AND OTHER 215 FEET.
THE APPLICANT IS ONLY ALLOWED TO BUILD IN THE FRONT 55 FEET.
SO WITH THIS HOUSE BEING 46 FEET IN LENGTH, THEY'RE PRETTY MUCH TRYING TO MAXIMIZE THE AMOUNT THAT THEY COULD BUILD IN.
UH, ORDINARILY YES, THEY WOULD BE ABLE TO PUSH IT BACK, BUT A 40 FOOT HOUSE IN LENGTH, UM, AND IT WAS NOT THAT LONG.
AND SO THEY ARE TRYING TO COMPLY WITHIN WHAT THEY'RE ALLOWED TO BUILD IN AND ALSO WITHIN OTHER HOUSE AND CHARACTERISTICS OF OTHER HOUSES IN THE NEIGHBORHOOD BY NOT GOING UP TO TWO OR THREE STORES.
I THINK THAT'S, THAT'S HELPFUL.
I SEE NOW, SO THE FRONT PORCH IS TOTAL SIX FEET.
IT'S SIX FEET, SO IT'S STILL RIGHT.
UM, ARE THERE ANY OTHER QUESTIONS? OKAY, UH, I WILL CLOSE THE PUBLIC HEARING.
DO I HAVE A MOTION COURT? MR. SLATE? VICE CHAIR AUCH.
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OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 86 ON APPLICATION OF SIX OH DIAZ GRANT, THE 13 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
MS. P*****K COMMENTS? VICE CHAIR.
AGNES, IF I MAY, UM, I FELT THE APPLICANT, UH, WAS ABLE TO WALK US THROUGH WHY EACH OF THE REQUIREMENTS WERE MET HERE.
UH, AND I'M ATTRIBUTING WHAT WE WERE ABLE TO SEE IN THE BRIEFING IN TERMS OF THE, THE RIDE AROUND AND HER TESTIMONY ABOUT HOW IT FIT IN WITH THE NEIGHBORHOOD AS WELL.
UM, SO SEEING THAT THE REQUIREMENTS WERE MET AND THAT IT ALSO GENERALLY SEEMED TO COMPORT WITH THE NEIGHBORHOOD IN GENERAL, I FELT THAT IT WAS APPROPRIATE TO MAKE THE MOTION.
I AGREE WITH EVERYTHING YOU SAID.
UH, THE ONLY THING I WOULD ADD IS I THOUGHT, UH, MR. THOMPSON'S, UH, TESTIMONY TO THE FACT THAT A 40 FOOT HOUSE IS, IS NOT ANYWHERE NEAR PUSHING IT, UM, INDICATES THAT, THAT THE FLOODPLAIN OBVIOUSLY IS A HARDSHIP, BUT IT, IT'S NOT AS IF THERE SOMEBODY IS TRYING TO USE THE HARDSHIP TO, TO BUILD A, A MASSIVE HOUSE, THEY WOULDN'T OTHERWISE BE BUILT.
SO THIS IS PRETTY CUT AND DRY TO ME.
ANY OTHER COMMENTS? MS. WILLIAMS? CALL THE VOTE PLEASE.
MR. VICE CHAIR? AYE, MOTION PASSES.
UH, YOU WILL RECEIVE A LETTER FROM THE BOARD ADMINISTRATOR AND, UM, THANK YOU FOR BEING HERE AND, AND GOOD LUCK.
UH, NEXT CASE IS BDA 2 23 DASH 8 7 53 27 RICHARD AVENUE, APPLICATION OF BRAD BUTTS FOR A VARIANCE TO THE SIDE YARD SETBACK REGULATIONS.
ARE THERE SPEAKERS HERE OR ONLINE? MR. BRAD BUTTS IS ONLINE.
ARE THERE ANY OTHER SPEAKERS HERE ABOUT THIS CASE? OKAY, WOULD YOU PLEASE, UH, SWEAR MR. BUTTS IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
UH, GOOD, GOOD AFTERNOON AND, AND THANK YOU FOR THE TIME.
I LIVE AT 53 27 RICHARD AVENUE, AND I'M HERE TODAY TO REQUEST A VARIANCE TO THE SIDE SETBACK ON THE EAST SIDE OF OUR PROPERTY IN ORDER TO CONSTRUCT A PATIO COVER FOR OUR BACKYARD.
UM, LIKE A LOT OF THE PROPERTIES IN OUR NEIGHBORHOOD AND WE HAVE A VERY NARROW BACKYARD.
AND, UH, WITH THE CURRENT SETBACK, THAT WOULD ONLY ALLOW US TO HAVE A VERY NARROW NINE FOOT COVERING IN THE BACK, WHICH WOULDN'T BE VERY FUNCTIONAL FOR PROTECTION FROM THE ELEMENTS OR USABILITY FOR THE FAMILY.
AND SO WE WOULD LIKE TO REQUEST A SETBACK VARIANCE TO BUILD A, UH, COVERING OF 16 FEET, WHICH MEANS IT'D BE A THREE FOOT SETBACK ON OUR EAST SIDE.
UH, WE, UM, WERE SENSITIVE TO THE NEIGHBORS IN THIS CASE, AND SO WE WENT AROUND AND TALKED TO ALL OF OUR NEIGHBORS WITHIN 200 FEET OF OUR HOUSE, AND WE WERE ABLE TO OBTAIN 17 SIGNED LETTERS BY THE NEIGHBORS, UM, SAYING THAT WE SHOULD BE ABLE TO BUILD THIS PROPERTY.
AND THERE'S NO HARDSHIPS IN THE NEIGHBORHOOD, ARE THERE QUESTIONS DOES NOT.
UM, MR.
TWO OF THEM WERE, UH, PROPERTIES THAT DIDN'T APPEAR TO HAVE ANYBODY LIVING IN THEM, AND ONE WE JUST NEVER WERE ABLE TO GET HOLD OF.
THAT JUST HELPS CLEAR UP THAT YOU DIDN'T HEAR ANYTHING NEGATIVE TO IT.
THANK YOU, MS. P*****K, IT'S MY UNDERSTANDING THAT ON
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THE OTHER SIDE OF THE HOUSE YOU HAVE A FIVE FOOT SETBACK.YES, I BELIEVE THAT'S CORRECT.
ARE THERE ANY OTHER SPEAKERS IN FAVOR OF THE APPLICATION? I DON'T BELIEVE ANYBODY ELSE IS ONLINE.
ARE THERE SPEAKERS AGAINST? NO SPEAKERS IN OPPOSITION.
UH, YOU CAN REBUT YOURSELF IF YOU'D LIKE.
UH, I WILL CLOSE THE PUBLIC HEARING AND MAKE A MOTION VICE CHAIR ARGUMENT.
MR. SLADE, I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH 0 8 7 ON APPLICATION OF BRADLEY BUTTS GRANTS THE SEVEN FOOT VARIANCE OF THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH BY THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP OF THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT SENT VERSION OF ALL SUBMITTED PLANS ARE REPORT.
IS THERE A SECOND? SINGTON SECOND, MR. SINGTON? SECOND ONLY COMMENT I HAVE IS THAT THE REASON, UH, THAT HAVING BUILT IT FIRST DOESN'T BOTHER ME IS THAT IF YOU HAD ASKED ME AHEAD OF TIME, I WOULD'VE GRANTED IT.
WE STILL HAVE TO, WELL, WE'RE NOT DONE.
I THINK IF YOU'RE OPENING IT UP FOR COMMENTS, IF I MAY HAVE A MOMENT.
UM, FOR THIS ONE, UH, FOR ME IT'S A LITTLE BIT OF A TOUGHER CALL THAN THE LAST ONE WE WERE LOOKING AT, JUST BECAUSE OF THE SHAPE OF THE, THE PROPERTY.
UM, I WAS CONVINCED BY HOW NARROW A LOT WITH THE RESPECTIVE SIDE.
UM, THE SETBACKS ARE ON BOTH SIDES OF THE HOME.
AND I, I THINK WHAT WAS VERY TELLING IS WHEN WE WERE WATCHING THE VIDEO, WE OF COURSE COULD LOOK BACK THROUGH THE, THE WALKWAY AND SEE THAT THIS, UH, PORCH COVER IS WITHIN TOUCHING DISTANCE OF THE PORCH COVER COMING AT THE PROPERTY.
UM, I REALLY APPRECIATED THAT THE APPLICANT TOOK THE TIME TO MAKE SURE TO ENGAGE ALL OF THE RELEVANT NEIGHBORS, UM, HAVING 17 OF THE 20 RESPOND, UM, AND INDICATE THAT THERE WAS NO ISSUE, WHICH IS VERY COMPELLING TO ME.
AND SO THAT'S, UH, A MAIN REASON WHY I MADE THE MOTION IN ADDITION TO FEELING LIKE THE, UH, REQUIREMENTS HAVE BEEN SET.
OTHER COMMENTS? OR WE VOTE? MS. WILLIAMS? CALL THE CALL THE QUESTION PLEASE.
MOTION PASSES FIVE TO ZERO I AND THANK YOU FOR TAKING THE TIME.
UH, YOU WILL RECEIVE A LETTER SHORTLY.
NEXT CASE IS BD 8 2 2 3 DASH 0 8 9 2 6 2 2 MADERA STREET, APPLICATION OF DANIEL HERNANDEZ, REPRESENTED BY AXEL DEL FOR THREE THINGS, A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS, A SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATIONS, AND A SPECIAL EXCEPTION TO DEFENSE OPACITY STANDARDS, REGULATIONS.
IS THE APPLICANT HERE, MR. JORGE? MALACHI IS HERE, ARE THERE, RAISE YOUR HAND IF YOU'RE HERE TO SPEAK EITHER FOR OR AGAINST, UM, THIS CASE.
IF, IF YOU'RE, IF YOU'D LIKE TO SPEAK, WE NEED TO SWEAR YOU IN, AND SO PLEASE BE SWORN IN AND THEN STATE YOUR NAME AND ADDRESS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
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CAN YOU HEAR ME? MY NAME IS JORGE MALECHI.I'M THE OWNER OF 26 22 MADERA STREET.
GOOD AFTERNOON, LADIES AND GENTLEMEN.
UM, I'M REQUESTING A, I'M REQUESTING A VARIANCE ON THE FRONT SIDE OF THE PROPERTY.
UH, AS YOU CAN SEE, WE, UH, GIMME A SECOND.
WE SUFFER TWO HARDSHIPS, UH, ONE BEING ABNORMAL SHAPE, AND THE SECOND ONE BEING A SMALLER SIZE SIZE.
UH, THE AVERAGE SLOT SIZE AROUND THERE, IT'S 7,000 OR MORE ON SQUARE FOOTAGE.
UH, I'VE ALSO EMAILED, UH, DR.
CAMIKA PICTURES OF THE PROP PROPERTIES IN THE NEIGHBORHOOD THAT SHARE THE SAME CHARACTERISTICS OF MY LOT, LOT SIZE.
UH, ONE OF THEM IS BEING, UH, 1907 MCMILLAN AVENUE, HAVING AN EIGHT FOOT FENCE WITH THE POOL ON SETBACKS.
AND THE SECOND ONE BEING 2304 MADERA STREET WITH A EIGHT FOOT FENCE.
I'M REQUESTING THIS, UM, THE REASON WHY THE, THE PROPERTY HAS TWO FRONTAGES.
UM, ONE IS MADERA, THE SECOND ONE IS BONITA ON THE BONITA SIDE.
THAT'S THAT'LL, THAT'LL BE THE BACKYARD OF MY PROPERTY.
UM, I BUILT A TWO STORY TH 30 SOMETHING SQUARE FOOT HOME.
UH, SINCE IT HAS TWO FRONTAGES, YOU KNOW, THE CITY REQUESTS TO DO A FOUR FOOT FENCE AND, UM, OBVIOUSLY I CAN'T DO THAT TO THE BACKYARD, THE MASTER BEDROOM'S IN THE BACK.
AND SO, YOU KNOW, I, I NEED THE BEDROOM TO HAVE SOME PRIVACY.
AT LEAST HAVE A, A SMALL BACKYARD FOR THE HOME.
I THINK I'M LOOKING AT, OKAY, 1907 MCMILLAN.
HOW TALL IS THIS FENCE THAT I'M LOOKING AT HERE? I BELIEVE IT'S A FOOT FENCE.
UH, I'M BEING ASKED TO CONFIRM THAT, THAT YOU ARE THE OWNER OF THE PROPERTY? YES, SIR.
I'M A CHAIR OWNER OF THESE GUYS.
SO ARE, ARE YOU THE MANAGING MEMBER? I AM, YEAH.
ARE THERE QUESTIONS FROM THE BOARD? MR. S UH, CHAIR IS THE QUESTION THAT YOU JUST ASKED THE APPLICANT, UH, IN REFERENCE TO THE PICTURE THAT WE HAVE ABOUT THE HEIGHT OF THE EXAMPLE? IS THAT THE QUESTION? THAT IS WHAT I ASKED.
UH, SIR, WHAT, WHAT, HOW TALL DID YOU SAY THIS FENCE WAS? I BELIEVE IT WAS A EIGHT FOOT FENCE.
MY, UH, PROJECT MANAGER CHRIS WOODS DID.
AND YOU, YOU, YOU PSYCHED AS AN EXAMPLE TO SAY YES.
TO SAY WHAT? UH, SO THE, THAT'S AN EXAMPLE OF THE PROPERTY HAVING TWO FRONTAGES ON THE LOT.
UH, AND THEY'RE, I DON'T KNOW IF THEY WERE ALLOWED OR NOT TO BUILD A AFA FENCE, AT LEAST TO HAVE THE BACKYARD.
AND THAT'S, THAT'S WHAT I'M REQUESTING ON THAT, ON, AT LEAST ON MINE.
THIS, THIS FENCE IN THE EXAMPLE APPEARS TO BE SITTING ON A, ALMOST A RETAINING WALL, OR ARE YOU, ARE YOU, UH, PROPOSING TO NO, NO, NO, NO RETAINING WALL FROM MINE.
NO, THERE'S NO RETAINING WALL.
AND, AND YOU, YOU PROPOSED TO, UM, CONSTRUCT A FENCE THAT'S EIGHT FEET FROM THE, FROM THE GRADE? YES.
AND TO BE JUST SO I'M ABSOLUTELY SURE THAT THE LAST PICTURE THAT YOU SUBMITTED THAT, THAT'S TAKEN FROM A CAR OF A FENCE IS WHERE I BELIEVE, GIMME A SECOND.
OH, YOU KNOW WHAT IT SAYS IN THE TOP LEFT AND THE, OKAY.
THAT'S WHAT I GET FOR USING PAPER.
UM, YES, SIR, FOR THE HOME THAT'S AT THE CORNER OF MADERA AND BONITA, YOUR NEXT DOOR NEIGHBOR, WHICH ONE, WHICH STREET DO THEY LEVERAGE? IS THEIR
[00:40:01]
FRONT, UH, MADERA.AND DO THEY HAVE ANY SORT OF FENCING ON THE BONITA SIDE? UH, YES THEY DO.
AND HOW HIGH WOULD YOU ESTIMATE THAT? I'D SAY AROUND EIGHT.
AND DIRECTLY ON THE BACKSIDE OF YOUR PROPERTY? WE WERE LOOKING EARLIER, IT'S A STREET THAT PEOPLE ARE DRIVING DOWN.
I COULDN'T PRONOUNCE IT EARLIER IF YOU WERE WATCHING THE BRIEFING
SO, AM I CORRECT THAT IS, YOU WERE TALKING ABOUT PUTTING HOUSING ON THE BACK, YOU MIGHT ALSO WANT THAT SORT OF, UM, OPAQUENESS BECAUSE TRAFFIC LIGHTS FOR ANYONE DRIVING DOWN WOULDN'T GO STRAIGHT INTO THE HOUSE TO THE MASTER BEDROOM, CORRECT? YES.
THAT'S GONNA BE A FUNKY SHAPED POOL.
I DON'T HAVE FURTHER QUESTIONS.
JACK, CAN I ALSO ADD THAT THEY NEED, I'M SORRY, DANA.
UM, THEY NEED A FENCE FOR THE POOL.
SO YOU MEAN IN ORDER TO NOT BE A HAZARDOUS NUISANCE? CORRECT.
SO WHETHER THEY NEED A POOL
YOU LOOK LIKE YOU, YOU MIGHT HAVE A COMMENT.
UH, THE LOCATION THAT HE REFERENCED, UH, IN TERMS OF 1 9 0 7 MCMILLAN, UH, THE POOL PERMIT WAS
UM, I SPECULATE PROBABLY BECAUSE OF THE LOCATION, UM, AND MAY BE ONE THAT MAY HAVE COMMENT FOR THE BOARD, BUT THAT'S SPECULATION AT THAT POINT.
NOT SPECULATE, BUT IT WAS REVOKED.
SO THE MCMILLAN, THE, THE FENCE, HOWEVER, DID RECEIVE A VARIANCE.
SO WE ARE, WE ARE MEANT TO ATTEMPT TO FORGET WHAT WE KNOW ABOUT MAPS OF THE CITY AND USE ONLY WHAT IS PUT IN FRONT OF US.
UH, SOME OF US FORGET EASIER THAN OTHERS.
UM, MCMILLAN RELATIVE TO THIS PROPERTY IS, OKAY, MS. P*****K, HOW WIDE IS THAT? HOW MANY FEET WIDE IS THAT FENCE GOING TO BE ON BONITA? IS IT EIGHT FEET TALL? HOW WIDE? HOW WIDE? YEAH.
FROM THE LINE OR NO, JUST FROM THE STREET, LIKE THE CONSTRUCTION OF THE FENCE.
WILL IT BE 25 FEET? 30 25, 25? YES MA'AM.
UM, I, I'M TRYING, I'M TRYING TO UNDERSTAND THE, THE QUESTION.
THE QUESTION IS THE LENGTH OF THE FENCE, THE LENGTH OF THE FENCE ON THE, OKAY.
IS THAT SPANNING THE, THE LENGTH OF THE PROPERTY? YEAH.
I'M TRYING TO UNDERSTAND THE POOL.
UM, THE PICTURES AREN'T VERY CLEAR.
SO HE'S HERE FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT, A SPECIAL EXCEPTION TO THE OPACITY.
UH, AND A 20 FOOT VARIANCE TO THE FRONT YARD SET.
SO HE WANTS TO CON TO CONSTRUCT AN EIGHT FOOT HIGH FENCE, WHICH IS FOUR FEET HIGHER THAN HE WOULD BE ALLOWED.
HE WAS ASKING FOR A A FOUR FOOT, UH, ADDITION.
SO THE QUESTIONS IN FRONT OF US DON'T DIRECTLY REFERENCE A POOL.
UM, BUT THE, AND I'M SORRY, I DON'T, I DON'T FIND IT NOW, BUT THE, UM, IN OUR PACKET IT REFERENCED THERE WAS, I THINK FOR THIS PARTICULAR PROPERTY THERE WAS COMMENTARY ABOUT A POOL.
SO THE POOL THAT HE REFERENCED WAS FOR ANOTHER SITE.
SO WE JUST DEAL WITH THE FENCE PORTION OF THIS.
UM, AND THAT FENCE WAS APPROVED AT THE OTHER SITE THAT HE'S REFERRING TO.
THE POOL PORTION, LIKE YOU SAID, WE REALLY NEED TO STEER AWAY FROM.
'CAUSE I WAS CONCERNED ABOUT THE POOL.
YEAH, WE CAN STAY WITH THE FENCE WILL BE GOOD.
YOU, YOU HAVE A, A, A SITE PLAN, THE MOST RECENT SITE PLAN, ET CETERA.
UM, SO OKAY, LET'S, LET'S WALK THROUGH
[00:45:03]
WHAT WE HAVE TO HAVE.UM, E EVEN THOUGH THERE IS A, A BREAK IN THE, IN, IN THE BLOCK, UM, THE BLOCK CONTINUITY STILL REQUIRES A FRONT YARD ON BENITA I AND SO LIKE THE, THERE'S A LITTLE ALLEY OR SOMETHING THAT DOESN'T BREAK IT.
SO CONTINENTAL BLOCK FACE OR A BLOCK FACE IN GENERAL IS FROM STREET TO STREET.
AND THE ALLEY DOES NOT CONSTITUTE THE BREAKING NUMBER BECAUSE IT'S NOT A STREET.
AND YOU'RE NOT ASKING TO BUILD IN BOTH SETBACKS.
YOU'RE ASKING TO BUILD IN ONE SETBACK.
YOU, SO YOU INTEND AS MR. SLATE TO USE YOUR, YOUR FRONT YARD, UH, MADERA ON BONITA? YES, CORRECT.
I'M CON I'M THOROUGHLY, UH, UNFORTUNATELY THOROUGHLY CONFUSED.
SO THEY'RE HERE, THE HOUSE, IT'S, IT'S MEETING THE SETBACKS, THE ACCESSORY STRUCTURE, WHICH IS THE POOL IS WHAT THEY'RE REQUESTING THE VARIANCE FOR.
SO THEY WANNA PROPOSE THE POOL AT A FIVE FOOT SETBACK.
AND THEN THE SPECIAL EXCEPTION IS FOR THE FENCE HEIGHT AND FOR THE OPACITY ON THE FENCE.
SO THOSE ARE THE THREE REQUESTS.
BUT THEY'RE NOT REQUESTING A POOL, THEY'RE REQUESTING A SETBACK FOR THE POOL.
YES, BECAUSE YOU'RE NOT ALLOWED TO BUILD A POOL IN THE REQUIRED SETBACK.
THEY'LL HAVE TO GET THE PERMIT FOR A POOL AT FROM ANOTHER ENTITY, NOT THE BOARD OF ADJUSTMENT.
SO THE FRONT OF THE HOUSE, JUST SO I'M CLEAR, THE FRONT OF THE HOUSE FOR THE PURPOSES OF, OF THIS REQUEST, IS BONITA STREET, NOT MADERA STREET, OR IS IT MADERA STREET? NOT BONITA STREET.
WELL, FOR THIS REQUEST, FOR THIS GROUP, BONITA IS THE FRONT YARD.
THEY'RE BOTH FRONT YARDS THOUGH.
THEY'RE, THEY'RE BOTH FRONT YARDS SETBACK.
HAVING TO MEET THE 20 FOOT SETBACK ON EACH FLOOR.
I, I THINK MR. SER ASKING HIM, WHICH, WHICH ONE HE INTENDS TO USE AS HIS FUNCTIONAL FRONT YARD.
WHICH, WHICH WAY YOU INTEND TO FACE THE HOUSE.
THE HOUSE IS FACING MADERA THAT THE BACK OF THE HOUSE IS FACING BONITA.
SO, SO YOU ARE PROPOSING TO BUILD A, A HOME, I MEAN, TO, TO CONSTRUCT A FENCE ON THE FRONT YARD SETBACK ON THE BONITA SIDE OF THE CORRECT.
YEAH, THERE'S A, THERE IS A DRAWING PAGE OF 107 IF THAT HELPS.
UH, AND 1 0 8, UM, 1 0 7, 1 0 8, 1 0 9, 1 10.
WE'VE HEADED YOU IN ALL SORTS OF DIRECTIONS AND WE SHOULD, UH, ALLOW YOU TO USE YOUR TIME.
WOULD, IS THERE ANYTHING YOU'D LIKE TO TELL US WITHOUT US HEADING YOU DOWN A DIRECTION? I I THINK THAT'S PRETTY MUCH IT AS FAR AS THE POOL, YOU KNOW, UM, WE'RE NOT SURE IF WE'RE GONNA BUILD A POOL THERE OR NOT.
UM, SO I'LL SAY DISREGARD THE POOL FOR NOW.
AS FAR AS FOR THE FENCE, I, I WILL LOVE TO BE ABLE TO PUT A EIGHT FOOT FENCE THERE IN ORDER FOR, UH, THE BUYER AND THE BUYER TO HAVE A PRIVATE BACKYARD.
I BELIEVE MR. SASH OR MAYBE EVEN LEGAL, UM, SO DENYING THE, THE SETBACK FOR THE POOL, UM, CAUSES THE APPLICANT THEN TO COME BACK IN THE EVENT HE WISHES TO BUILD, UH, OR CONSTRUCT A SWIMMING POOL.
SO APPROVING ANYTHING APPROVING THE FENCE HEIGHT DOES NOT, DOES NOT BY PROXY OR BY ANY OTHER MEANS ALLOW THE APPLICANT TO CONSTRUCT A POOL? NO, IT ALLOWS HIM TO CONSTRUCT A FENCE.
JUST A, I JUST WANNA BE SURE WE
[00:50:04]
MS. POLLEN, MR. ME, THERE'S A LOT OF TALKING GOING ON.I WANNA MAKE SURE THERE ISN'T SOMETHING THAT WOULD HELP US.
I JUST, NO, I WAS JUST, UM, TRYING TO FIND A WAY TO CLARIFY THAT THIS SITE IS UNIQUE IN THAT IT HAS TWO FRONT YARDS.
IF IT WAS A REGULAR LOT, THE BENEATH SIDE WOULD BE A REAR YARD.
SO IN THEORY, THEY'RE TRYING TO TREAT THE BONITA SIDE AS A REAR YARD BECAUSE AS THE WAY THE LOT SITS, THEY DON'T HAVE A REAR YARD BECAUSE THEY HAVE TWO FRONT YARDS BECAUSE OF THE FRONTAGE.
I THINK TO SOME DEGREE IT WOULD HELP US TO TALK ABOUT ALMOST ONE THING AT A TIME.
UM, JUST LEAD US DOWN THE ROAD CHAIR.
HOW WOULD YOU LIKE US TO DISCUSS? WELL, ALRIGHT, WELL, OKAY.
UH, LET ME A ASK FIRST WHETHER THERE ARE OTHER SPEAKERS IN FAVOR OF THE APP APPLICATION.
ARE THERE SPEAKERS IN OPPOSITION? NO ONE ONLINE THERE? NO, NO OTHER SPEAKERS.
SO YOUR REBUTTAL TIME, YOU'RE ON MY TIME NOW BECAUSE, BECAUSE I'M ASKING A QUESTION.
FIRST THING WE HAVE IS A VARIANCE.
A VARIANCE REQUIRES THE THREE THINGS, ALL OF THEM, SIZE, SHAPE, SLOPE, COMMENSURATE, NOT OPPOSED TO THE PUBLIC INTEREST.
OUR FENCE EXCEPTION STANDARDS ARE QUITE DIFFERENT.
UM, SO I HAVEN'T SEEN OUTSIDE OF, OF THE VIDEO WE SAW A, A SENSE FROM YOUR, YOUR PICTURES OF, OF WHAT FENCES ARE UP AND DOWN THE STREET NEXT TO YOU.
I'VE SEEN A COUPLE OF VIDEOS TODAY, BUT, BUT MY MEMORY WAS THAT THERE, THAT THERE WEREN'T, WEREN'T JUST TONS OF FENCES, CERTAINLY FULLY SOLID ONES.
AM I INCORRECT? CAN YOU DESCRIBE THE, THE, UH, THE SORT OF UP AND DOWN THE STREET? BOTH, BOTH STREETS? YES.
UH, MAJORITY OF THE HOUSES AROUND THE AREA, UM, HAVE A, TO MY UNDERSTANDING, TO MY, TO WHAT I SEE AROUND THE NEIGHBORHOOD.
THAT'S, BY THE WAY, THAT'S WHAT I'M ASKING.
UH, YEAH, THEY HAVE A SOLID FENCE WITH FENCE.
AND BY THE WAY, I DON'T KNOW IF, UH, DR.
I, I GOT A PETITION GOING AROUND THE NEIGHBORHOOD.
NOT IN IN FAVOR NOR OPPOSED OF DEFENSE.
I DON'T WHAT DID THEY SIGN? UM, THEY'RE NOT, DO YOU MIND IF I HAND YOU THIS? THEY'RE NOT.
UM, IS THIS SOMETHING YOU PROVIDED OR OKAY, THEN, THEN WE HAVE SEEN IT.
THE ONLY THING THAT HAS ME CONFUSED IS YOU SAID PEOPLE SIGN SOMETHING THAT'S NOT IN FAVOR AND NOT OPPOSED.
SO THEY THEY'RE NOT, THEY'RE NOT, THEY SAID THEY OPPOSED OR CARE ONE WAY OR THE OTHER.
UM, ARE THERE ANY OTHER QUESTIONS OF THE APP, MR. MILLIKEN? NO.
UH, LET'S CLOSE THE PUBLIC HEARING.
UH, DO I HAVE A MOTION ON THE VARIANCE OR YOU MAKE A MOTION AND DECIDE WHICH ONE YOU'D LIKE TO DISCUSS? FIRST, PRIVILEGE OF A MOTION MADE MS.
I APPARENTLY LIKE TO SPEAK, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 0 89 ON APPLICATION DANIEL HERNANDEZ GRANT THE 20 FOOT VARIANCE OF THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
FURTHER MOVE FOLLOWING CONDITION, BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DIAL DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
[00:55:01]
ME, MY ATTORNEY.BY THE WAY, YOU'RE WELCOME TO STAY.
UH, TWO FRONT YARDS, SIZE, SHAPE, SLOPE.
ANY OTHER COMMENTS, MR. SINGTON? I, I AGREE.
I MEAN, IT IS NOT A, IT'S NOT A QUESTION WHETHER OR NOT THE PROPERTY IS OF, UM, UM, UNUSUAL
I DON'T KNOW ABOUT SLOPE, SO, UM, DOESN'T HAVE TO BE ALL.
I DON'T DISAGREE WITH THE MOTION.
MS. WILLIAMS. MS. P*****K? AYE.
FIVE ZERO I THE MOTION ON ONE OF THE SPECIAL ACCEPT GOING ONCE, GOING TWICE.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 2 3 0 8 9 AN APPLICATION OF DANIEL HERNANDEZ GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE AS A SPECIAL EXEMPTION TO THE HEART HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTAMENT TESTIMONY SHOWS THAT THIS SPECIAL EXEMPTION WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY.
I FURTHER MOVE THAT THE FOLLOW CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND VICE? I'LL SECOND MR. SLADE SECONDS DISCUSSION.
I THINK THERE'S A GOOD JUSTIFICATION FOR THE EIGHT FOOT HIGH FENCES WE WERE DISCUSSING WITH THE THINKING OF THE LIGHTS COMING DOWN FROM THE STREET.
UM, SO THAT'S WHY I DIDN'T HAVE AN OBJECTION FOR IT.
UM, ESPECIALLY WITH THE TESTIMONY ABOUT THE NEIGHBORING PROPERTY, UH, DIRECTLY TO THE KIND OF, I'M NOT SURE IF I WOULD SAY NORTH OR WEST BECAUSE OF THE ANGLE, UH, DRIVE THAT THEY USE, UM, THE SAME STREET THAT THEY'RE PROPOSING AS THE FRONT AND HOW THE BACK IS.
SO I'M IN FAVOR OF THE ENDEAVOR OBESITY.
AND IT ALSO IS A NON-CONFORMING LOT SIDE THE WAY IT WAS STRUCTURED.
I I I WOULD HAVE TO, I COME ACROSS SOMETHING I THOUGHT WAS REALLY HARMFUL TO MEET MY STANDARD TO VOTE AGAINST IT.
SO THE REALITY IS TWO STREETS CLOSE IN ON YOU.
SO I, I DON'T THINK IT'S UNREASONABLE.
SO I'LL VOTE FOR MR. MILLIKEN.
MR. ASHTON? NO, MS. WILLIAMS. MS. P*****K? AYE.
IS THERE FINAL MOTION ON THIS? THE OPACITY VICE CHAIRMAN MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH 0 8 9 ON APPLICATION DANIEL JIMENEZ GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN FENCE WITH THE PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT YARD LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE OWS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY AND FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER, THE PURPOSE AND INTENT OF DENIAL DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
UM, MR. MILLIKEN, I'M GONNA MAKE THE ASSUMPTION THAT, THAT YOU'LL OPPOSE THIS.
I'M INTERESTED IN BEING CONVINCED.
TELL, TELL ME WHAT YOU'RE THINKING.
NO, I'M NOT IN OPPOSITION OF THIS SO MUCH FOR THAT MR. SLATE.
[01:00:01]
I'LL JUST NOTE FOR, FOR THE APPLICANT, UM, SHRUBS AND PLANTS IN FRONT OF BIG BOARD FENCES TEND TO BE WELL RECEIVED BY NEIGHBORS.THAT WAS GONNA BE MY, UM, I WAS LEANING, ACTUALLY LEANING TOWARDS ENTERING A MOTION TO DENY.
BUT WE, WE GRANTED THE, THE MOTION FOR THE EIGHT EIGHT FOOT HIGH, BUT, UM, BUT WE'RE TALKING ABOUT OPACITY.
I I YEAH, BUT WE'RE TALKING ABOUT LIKE, YOU CAN BUILD THE FENCE YEAH.
AND JUST CAN'T BE SOLID BOARD.
RIGHT? BUT, BUT IN LOOKING AND LOOKING AND, AND OBSERVING THE, UM, THE, UH, FIELD TRIP THAT DR. MILLER HOSKINS, UH, PROVIDED EARLIER, UM, IT'S, IT'S OBVIOUSLY NOT ADVERSE TO THE COMMUNITY BECAUSE THERE ARE OTHER FENCES IN THE COMMUNITY THAT, SO IT'S NOT SOMETHING THAT IS GONNA BE LIKE A GREEN, UH, OR, YOU KNOW, A, A THUMB STICKING OUT.
IT'S JUST THAT TO MR. TO MR. SLADE'S, UM, POINT AND HIS HISTORICALLY, I TYPICALLY WOULD, WOULD SUGGEST, UM, SHRUBBERY, UM, IN THAT CASE, IT PRETTY MUCH SERVES THE SAME PURPOSE AND, UM, YOU STAY WITHIN THE REQUIREMENTS.
BUT, UM, THAT'S THAT JUST MY COMMENT.
NO, I'LL ADD, THERE'S BASICALLY ONLY ONE SITUATION WHERE ANYBODY IN THE CITY CAN TELL YOU WHAT TO DO WITH SHRUBBERY.
AND THAT'S IF YOU PUT IT IN A VISIBILITY TRIANGLE THAT I, THAT I CAN THINK OF.
UH, I THINK WHEN THE CITY CHANGED THE STANDARDS A FEW YEARS AGO, UH, THAT THERE WAS HOPE THAT THAT'S HOW PEOPLE WOULD DO IT.
AND I, I, I WILL SUPPORT 'CAUSE I JUST DON'T SEE MUCH HARM.
ANY OTHER MS. WHI? MS. P*****K? AYE.
ANYONE FEEL THE NEED FOR A BREAK? WE PUSH ON THE LAST ONE.
BDA 2 2 3 DASH NINE, EXCUSE ME.
2 5 0 4 MAPLE AVENUE APPLICATION OF MOTION.
UH, MOTION ARI REPRESENTED BY TATE FREER FOR A VARIANCE TO THE PARKING REGULATIONS.
IF YOU WOULD LIKE TO SPEAK ON THIS CASE, EITHER FOR OR AGAINST, WOULD YOU PLEASE STAND AND BE SWORN IN? IS THERE ANYONE ON LINE? WELL, WE'LL JUST DO THIS.
WILL YOU SWEAR TO
PLEASE STATE YOUR NAME AND ADDRESSES BEFORE PROCEEDING.
HE'S ALREADY BEEN DISTRIBUTED.
TOMMY MANN 500 WINSTEAD BUILDING.
I I REPRESENT JOEY RESTAURANT GROUP.
I'M GONNA LET HER HAND HANDOUT THE, UH, PRESENTATION HERE BEFORE I BEGIN, IF THAT'S OKAY.
IS THIS WHAT YOU'RE NO, IT'S DIFFERENT.
OH, SO WHEN YOU RECEIVE IT, I JUST, YOU CAN START ON PAGE THREE.
THE PAGE NUMBERS ARE IN THE TOP LEFT.
I, I NEED TO MAKE A MOTION TO SUSPEND THE BOARD'S RULES AND DOCUMENTARY EVIDENCE TO ACCEPT 16 PAGES SECOND S SECOND.
OPPOSED? MOTION PASSES UNANIMOUSLY.
TOMMY MAY HAVE 500 WINSTEAD BUILDING REPRESENTING JOEY RESTAURANT GROUP IN THIS REQUEST.
STARTING ON PAGE THREE, I WANNA FIRST SPEAK TO WHY THIS IS A VARIANCE AND THEN HOW WE SATISFY THE STANDARD.
SO WHEN YOU LOOK AT PAGE THREE, WHAT I'M SHOWING YOU HERE IS WITHIN PD 1 93, THE PARKING SPECIALIST EXCEPTION MECHANISM THAT YOU'RE FAMILIAR TO SEEING DOESN'T EXIST.
THAT'S COUNTERINTUITIVE WHEN YOU THINK ABOUT THE LOCATION OF PD 1 93 AND THE URBAN CORE, THE HEART OF UPTOWN, A SITE LIKE THIS ONE WHERE THE MCKINNEY AVENUE TROLLEY TROLLEY EXISTS DENSE OFFICE AND RESIDENTIAL USES FROM WHICH PEOPLE CAN WALK.
YOU'RE NEVER A MORE THAN A MINUTE AWAY FROM AN UBER OR A LYFT.
YET IN A SUBURBAN LOCATION WITH A LARGE SURFACE PARK GROCERY STORE, FOR INSTANCE, IN CASA LINDA NEAR WHERE I LIVE, SHOWN HERE YOU CAN SEEK A PARKING SPECIAL EXCEPTION FLIPPING THE PAGE.
WHY IS THAT? IS THAT SOME LEGISLATIVE DECISION THAT THERE IS PUBLIC HARM? I DON'T THINK THERE IS.
THE REALITY IS THAT PD 1 93 WAS ADOPTED BEFORE CHAPTER 51 A AND IT DIDN'T.
PARKING SPECIAL EXCEPTIONS DID NOT EXIST.
[01:05:01]
TO PAGE FIVE, THE CITY CODE ATTEMPTED TO ACCOUNT FOR THIS DISCREPANCY BY LITERALLY CALL FORWARDING.THAT'S NOT A MADE UP TERM THAT APPEARS IN THE CODE PROVISIONS FROM CHAPTER 51, WHICH PD 1 93 DEFAULTS TO, TO 51 A WHEN THAT WAS DONE.
THE PARKING SPECIAL EXCEPTION DIDN'T EXIST.
THAT'S THE ONLY REASON IT DIDN'T GET FORWARDED INTO PD 1 93.
I DON'T THINK THERE'S ANY OTHER POLICY BEHIND WHY IT'S NOT AVAILABLE.
UH, AND SO THAT'S WHERE WE ARE AND WHY WE HAVE TO REQUEST A VARIANCE.
SO AS YOU PROCEED TO PAGE SEVEN, THEN HOW DO WE SATISFY THE HARDSHIP STANDARD WITH RESPECT TO THIS REQUEST? WELL, FIRST, KEEP IN MIND THAT HOLE IN THE CODE THAT I JUST POINTED OUT WITH RESPECT TO THE PUBLIC INTEREST PROBLEM.
THERE HASN'T BEEN A LAW ADOPTED TO PROHIBIT THIS.
IT'S KIND OF HAPPENSTANCE THAT WE END UP IN THIS LOCATION.
THE HEALTH, UH, DETRIMENTS OF OVERBUILDING PARKING AS WELL AS THE DETRIMENTS TO THE URBAN EXPERIENCE IN LOCATIONS LIKE THIS ONE HAVE BEEN WRITTEN ABOUT AND ACKNOWLEDGED FOR YEARS NOW.
UH, AND THEN YOU HAVE SUBSTANTIAL COMMUNITY SUPPORT FOR THIS REQUEST.
AS YOU TURN TO PAGE EIGHT, THE
AS YOU NOTED IN THEIR LETTER, WE HAVE SECURED OFFSITE LEASE FOR EMPLOYEES TO USE.
AS THE NEXT PAGE SHOWS YOU, THIS WAS WHAT THE ENGINEERING TEAM WENT AROUND TO AREA PROPERTY OWNERS AND GAINED SIGNATURES ON, ON PAGE NINE THAT WAS PRESENTED TO THE OAK LAWN COMMITTEE AND INFORMED THEIR DECISION TO SUPPORT THE REQUESTS.
SO WITH RESPECT TO THAT FIRST PRONG, WE HAVE AMPLE EVIDENCE THAT THIS IS NOT CONTRARY TO THE PUBLIC INTEREST, AND WE'RE ACTUALLY NOT IN DISAGREEMENT WITH CITY STAFF ON THAT POINT.
SO THE MEAT OF YOUR CONSIDERATION REALLY BEGINS ON PAGE 10 WITH THE FINAL TWO PRONGS, WHICH IS THE PHYSICAL CHARACTERISTICS OF THIS SITE, AND THAT THIS VARIANCE NOT BE SELF-CREATED.
I WANNA START WITH THE SECOND PIECE OF THAT.
I WOULD CONTEND THAT THIS IS NOT A SELF-CREATED VARIANCE BECAUSE THE EXISTING ZONING OF THIS SITE HC ALLOWS A FOUR TO ONE FAR, WHICH EQUATES TO 107,000 SQUARE FEET OF DEVELOPMENT RIGHTS THAT EXISTS.
THIS PROJECT IS CHOSEN TO UTILIZE 8,000 SQUARE FEET OF THOSE DEVELOPMENT RIGHTS.
THIS IS NOT 20 POUNDS OF SUGAR IN A 10 POUND BAG.
THIS IS A VERY MODEST PROJECT IN COMPARE COMPARISON TO WHAT ITS EXISTING ZONING ALLOWS.
HOWEVER, AS YOU CONSIDER THE SHAPE OF THE SITE ON PAGES 11 AND BEYOND, WHEN YOU TRY TO PROVIDE THE 80 REQUIRED PARKING SPACES FOR AN 8,000 SQUARE FOOT RESTAURANT, THE REMAINDER OF THIS PRESENTATION SHOWS YOU VARIOUS CONFIGURATIONS THAT OUR ENGINEERING TEAM DREW UP 80 PARKING SPACES ON A DO NOT PHYSICALLY FIT AND MEET CITY STANDARDS ON A SITE OF THIS SIZE WITH ANY BUILDING MUCH LESS.
THE SIZE WOULD BE SMALLER OR WHATNOT, SIMPLY DO NOT FIT.
SO IT IS THE RESTRICTIVE AREA OF THIS SITE THAT MAKES IT IMPOSSIBLE TO PROVIDE THE REQUIRED PARKING.
IT IS NOT A SELF-CREATED SITUATION BECAUSE WE'RE UTILIZING A VERY MINIMAL AMOUNT OF THE EXISTING DENSITY AND WE HAVE AMPLE COMMUNITY SUPPORT FOR THE PROJECT.
I WOULD LIKE TO LET MY CLIENT TAKE THE REMAINDER OF OUR TIME TO GIVE YOU A LITTLE BIT OF INFORMATION ABOUT THE OPERATIONAL ASPECTS OF THIS RESTAURANT, WHICH ARE RELEVANT, WHETHER THAT COMES IN REBUTTAL OR IN MY REMAINING 30 SECONDS.
AND THEN WE'RE HAPPY TO ANSWER ANY QUESTIONS.
WHAT IS THE TIME? FIVE MINUTES.
IF, IF YOU WANNA TALK FOR ABOUT A MINUTE AND A HALF AND MAYBE WE HAVE QUESTIONS AND WE CAN GET THIS DONE THAT WAY, AND WE WILL, WE WILL, UH, PROVIDE ANY OPPOSITION.
SAME, UH, MR. CHAIRMAN BOARD, THANK YOU FOR, UH, HAVING US TODAY.
UM, FLUENT FROM VANCOUVER, BC CANADA.
UM, BEEN THERE, BUT I WON'T SPEND A MINUTE AND A HALF TALKING ABOUT WHERE'RE FROM, FROM EVEN FROM BC.
STILL HAVE TO TELL US YOUR NAME AND YOUR ADDRESS.
JONATHAN PLO, UH, 1 1 7 7 WEST GEORGIA STREET, VANCOUVER.
I WORK FOR VIJO RESTAURANT GROUP.
I HEAD UP REAL ESTATE FOR THE COMPANY.
UM, WE ARE A PRIVATELY OWNED BUSINESS, UM, WHAT 34 RESTAURANTS, UH, PREMIUM SIT DOWN RESTAURANT.
IF YOU'VE NEVER BEEN TO A JOEY WHERE OFTEN COMPARED TO AS A HOUSTON OR HILLSTONE GROUP, UM, WE'VE SPENT MANY YEARS LOOKING FOR THE RIGHT IDEAL SITE IN DALLAS WHEN WE THINK WE'VE COME TO THE, THE BEST LOCATION.
UM, JUST TO GIVE YOU SOME OPERATIONAL BACKGROUND, UM, OUT OF OUR RESTAURANT COLLECTION, I WOULD SAY ABOUT A THIRD OF OUR LOCATIONS, UH, ARE, WOULD BE URBAN SETTINGS.
UM, AND OF THOSE URBAN LOCATIONS, WE WOULD TYPICALLY SEE ABOUT 35 TO 40% RIDE SHARE.
AND WE SEE THAT PERCENTAGE, UM, GROWING EVERY YEAR.
UM, MANY OF OUR CUSTOMERS COME THROUGH OTHER FORMS, WHETHER IT'S THROUGH PEDESTRIANS IN DOWNTOWN OR WHETHER THEY COME THROUGH THROUGH RIDESHARE TAXI.
UM, FOR AS FAR AS PARKING GOES, WE LOOK TO ABOUT 50 STALLS, UH, FOR A SUB SUBURBAN LOCATION.
UM, SO FOR US, THAT WOULD GIVE US THE REQUIRED PARKING THAT OUR CUSTOMERS WOULD HAVE TO, UH, TO BE ABLE TO ENJOY.
[01:10:01]
WE TALKED ABOUT, VALET, VALET IS A VERY, VERY BIG, UH, PART OF OUR OPERATION.UH, THE, THE VALLEY OFFERS US THE BEST EXPERIENCE FOR OUR CUSTOMERS TO, UH, ENTER AND TO GET OFF THE SITE IN, IN A, IN A, IN A TIMELY MATTER.
AGAIN, I WOULD SAY ABOUT AN HOUR TO AN HOUR AND A HALF, SORRY, AN HOUR AND A HALF TO TWO HOUR, UH, AVERAGE TIME FOR OUR GUESTS AT THIS LOCATION.
SO, UM, THANK YOU FOR YOUR TIME AND, UM, AVAILABLE IF YOU HAVE ANY QUESTIONS.
UH, ARE THERE QUESTIONS? NO, THANK YOU.
UH, ARE THERE SPEAKERS IN OPPOSITION? NO, THERE'S SPEAKERS, SIR.
WOULD YOU LIKE TO, UH, I'M SORRY, MR. SINGTON.
WELL, LET, LET'S, LET'S CALL HIM BACK UP THOUGH.
HERE, HERE NOW IS YOUR REBUTTAL TIME.
UM, MR. SINGTON HAS A QUESTION, UM, WHICH OBVIOUSLY GOES ON OUR TIME.
COULD YOU JUST, UM, AGAIN, YOU, YOU MENTIONED IN YOUR PRESENTATION THAT, UM, THAT, UM, THE PARKING SPACES AS PROPOSED, UM, DON'T HAVE A NEGATIVE EFFECT ON PUBLIC INTEREST.
COULD YOU SPEAK TO THAT A LITTLE BIT, A LITTLE BIT MORE? I, I THINK I, YOU, YOU WENT, YOU WENT THROUGH THAT PRETTY QUICKLY.
FIVE MINUTES IS WHAT IT'S RIGHT.
THAT'S WHY I WANNA GIVE YOU YEAH.
SO THERE'S REALLY A FEW PIECES TO THE PUBLIC INTEREST.
START WITH THE EASY AND THE OBVIOUS ONE AS REPRESENTED BY THE OK LAWN COMMITTEE AND PROPERTY OWNERS AROUND US WHO ARE SUPPORTIVE OF IT.
I THINK THAT'S ENOUGH EVIDENCE ON THAT IT'S NOT CONTRARY TO THE PUBLIC INTEREST.
MY POINT ON THE OVER PARKING, WHICH IS WHAT I THINK YOU'RE ASKING ABOUT IS SEAS OF PAVE PAVEMENT WITH NO BUILDINGS AND JUST PARKING SPACES ON IT, UM, EXACERBATE THE URBAN HEAT ISLAND EFFECT.
THEY DISCOURAGE PEOPLE FROM WALKING AND EXPERIENCING THE URBAN CORE AND THE WAY THAT WE WOULD LIKE IT TO BE EXPERIENCED AND ARE COUNTER TO THE PUBLIC HEALTH IN THAT WAY.
AND THERE'S A LOT OF STUDIES ABOUT IT, AND THAT'S WHAT THE TWO SNIPS OF ARTICLES WERE ABOUT.
SO, UM, IN THAT PARTICULAR AREA, UM, WHO, WHO DO YOU CONSIDER, DO YOU CONSIDER THE RESIDENTS OF THAT GENERAL AREA YOUR CUSTOMER? OR WHO DO YOU CONSIDER YOUR CUSTOMER? I THINK IT'S, IT'S GONNA BE A COMBINATION.
SO FIRST YOU HAVE PROBABLY THE GREATEST OFFICE DENSITY IN THE CITY AND IN AND AROUND UPTOWN, RIGHT? AND SO PEOPLE WALKING OVER AFTER WORK FOR DINNER OR AT LUNCH, RIGHT? IS A LARGE PERCENTAGE OF THE CUSTOMER BASE.
YOU ALSO HAVE SOME OF THE DENSEST EXISTING HOUSING IN THE CITY IN AND AROUND UPTIME, SO PEOPLE WHO LIVE IN THE AREA, BUT THEN THERE WILL ALSO BE SOME FOLKS WHO LIVE IN A DIFFERENT PART OF THE CITY WHO DO WANT TO COME HERE FOR A FINE DINING EXPERIENCE.
AND IT'S, IT'S REALLY A COMBINATION OF ALL OF THOSE.
SO IN YOUR MIND, IN AT LEAST WELL IN THE MIND OF YOUR, YOUR CLIENT, UM, THERE, THERE'LL BE SIGNIFICANT AMOUNT OF FOOT TRAFFIC, UH, FROM THE SURROUNDING AREAS, UM, UH, INTO THERE.
THUS, I DON'T WANNA SPEAK FOR YOU, BUT I THINK I HEAR YOU SAYING THAT 80 PARKING SPACES AREN'T REQUIRED FOR YOU TO OPERATE IN THIS PARTICULAR LOCATION.
AND WE DID SUBMIT A PARKING STUDY, WHICH IF THIS WAS A PARKING SPECIAL EXCEPTION, WOULD BE REVIEWED AND PRESENTED TO YOU BY STAFF.
THEY DID REVIEW IT, THEY HAVE NO ISSUES WITH IT, WHICH GIVES AN ENGINEERING JUSTIFICATION FOR EXACTLY WHAT YOU AND I DISCUSS.
I WOULD VERY MUCH JUST LIKE TO SEE IT.
COULD YOU SPEAK TO THE, COULD YOU SPEAK TO, UM, I THINK MI MR. NAVAREZ, UM, MENTIONED, UM, A CAPACITY, UM, STUDY.
UM, I COULD, I COULD SPEAK HIGH LEVEL AT PEAK.
WHAT, WHAT, WHAT ARE YOU, WHAT DO, WHAT DO YOU PROJECT AS THE NUMBER OF PATRONS AT AT PEAK OLIVES AT PEAK TIME, WE HAVE, UH, 58 STALLS.
UH, AND, UM, SO MEN, MEN AND MEDIAN, UH, UM, OUR WEEKDAY, WE'VE GOT GOT, UM, 50 53 STALLS.
ROUGHLY HOW MANY EMPLOYEES? EMPLOYEES OFFSITE, I THINK YOU SAID OFFSITE PARKING FOR OUR EMPLOYEES.
DID I MISS THAT? DO DO YOU HAVE AN AGREEMENT THAT DOES THAT OR? WE HAVE TWO AGREEMENTS, SIR.
WE'VE GOT, UM, I JUST MISSED THAT.
YEAH, WE'VE GOT, UM, A PARKING AGREEMENT THAT FALLS WITHIN THE, UH, I BELIEVE IT'S 300 YARDS.
UM, IT'S NOT
SO, SO WHEN YOU CONSIDER UM, UM, LET'S SAY, UH, ST.
PATTY'S, UH, DAY DOWNTOWN, YOU POTENTIALLY RUN THE RISK.
I MEAN, THOSE PEAK, I MEAN, YOU HAVE YOUR PEAKS AND THEN YOU HAVE OVER PEAK.
SO YOU, YOU OVER CAPACITY PROBABLY, UH, OR YOU CAN'T MEET THE DEMANDS OF, OF, UM, YOU CAN'T MEET THE DEMANDS OF,
[01:15:01]
OF, OF, UH, THE PUBLIC PROBABLY AT YOUR RESTAURANT ON THOSE OVER PEAK TIMES PROBABLY.AND IF YOU'RE AT 53 AT PEAK TIMES, NORMALLY.
SO IF I UNDERSTAND YOUR QUESTION, WE WON'T BE PROVIDING OVERFLOW PARKING FOR LIKE THE BARS ON MCKINNEY NOW.
RIGHT? THIS IS A SIT DOWN RESTAURANT.
PATTY'S DAY IS NOT A BIG DAY FOR, FOR YOU, JOEY.
MR. MILLIKEN, YOU HAD A QUESTION.
MY QUESTION WAS RELATIVE TO THE, UM, VALET PARKING, DO YOU KNOW THE PROXIMITY AS TO WHERE THOSE VEHICLES WILL BE PARKED RIGHT THERE IN FRONT OF THE RESTAURANT? RIGHT.
SO WHAT YOU'RE LOOKING AT ON THE SITE PLAN THAT'S PROPOSED IN YOUR DOCKET IS WHAT'S CALLED A PACKED PARKING LAYOUT.
LET'S GET THE PAGE NUMBER WHILE YOU'RE AT IT.
I KNOW, BUT JUST GIMME A SECOND AND I'LL, I'LL FIND A, UH, PAGE NUMBER SO WE CAN ALL LOOK AT IT.
'CAUSE I KNOW WHAT YOU'RE TALKING 1 34 MAYBE.
I WAS, OKAY, SO IT WAS ONE 30.
SO THIS ARRANGEMENT, UH, WHERE YOU SEE ONE SPACE IMMEDIATELY IN FRONT OF THE OTHER, RIGHT.
OBVIOUSLY YOU AND I CAN'T PARK THERE IF WE'RE DRIVING OURSELVES INTO IT AND WE WANNA LEAVE BEFORE THE PERSON BEHIND US.
SO THE ONLY WAY YOU CAN DO THAT UNDER THE CITY CODE IS IF YOU PROCESS A LICENSE TO OPERATE PACKED PARKING, WHICH REQUIRES VALET.
SO YOU'LL PULL IN AND GIVE YOUR CAR TO THE VALET LIKE ANYWHERE ELSE, AND THEY WILL GET THE CARS IN AND OUT OF THESE SPACES.
THEY HAVE THE ABILITY TO MOVE THEM AS NEEDED.
I, I HAVE A QUESTION, BUT IF YOU'RE, UM, I CAME ACROSS THIS AND I JUST WANNA MAKE SURE I UNDERSTAND IT.
UH, ON PAGE ONE 30, UH, I HAVE A EITHER A SURVEY, IT, IT LOOKS LIKE A SURVEY, UH, IT HAS A SQUARE PROPERTY LINE THAT IS NORMAL YET SOMEWHERE ELSE IN HERE.
I SHOW SOMETHING AND WHAT THE STAFF PUT TOGETHER THAT INDICATES THAT THAT PROPERTY IS BISECTED INTO TWO LOTS.
THEY'RE BOTH OWNED BY THE SAME PARTY AND THEY ARE TIED TOGETHER VIA ONE OF THE DEEDED, UH, REMOTE AGREEMENTS TODAY.
I DON'T KNOW IF YOU INTEND TO REPL.
YOU'VE GOT A CROSS PARKING AGREEMENT WITH YOURSELF AND A PARKING AGREEMENT WITH YOURSELF AND, BUT OKAY.
I I WASN'T SURE IF IT WAS ONE OR TWO.
THEY ARE RE PLATTING MR. CHAIR FOR REFERENCE.
THEY DO INTEND TO REPL IT INTO ONE LOT, IS WHAT I WAS LOOKING FOR.
UM, MR. MANN HAD TWO QUICK QUESTIONS.
JUST WANTED TO MAKE SURE FOR CLARITY OF THE RECORD.
UM, OBVIOUSLY THE ADDITIONAL MATERIALS YOU WERE KIND ENOUGH TO SUBMIT INCLUDED, UH, A LETTER THAT WAS SIGNED BY A NUMBER OF INDIVIDUALS EXPRESSING THEIR SUPPORT TO THE OAK LAWN COMMITTEE.
DID YOU INDICATE THAT THE OAK LAWN COMMITTEE HAD SORT OF GIVEN ITS STAMP OF APPROVAL OR OTHERWISE RESPONDED ABOUT THE PROJECT? IT'S THE SLIDE BEFORE THAT ONE.
YES, THEIR LETTER I
UM, AND THEN THE SECOND ONE IS, OF COURSE, ONE OF THE STANDARDS FOR THE VARIANCE IS THE NOT GRANTED OR RELIEVE A SELF CREATOR OR PERSONAL HARDSHIP, NOR FOR FINANCIAL REASONS ONLY.
WOULD YOU MIND JUST ADDING A LITTLE BIT MORE TO KIND OF SPEAK TO THAT? I APPRECIATE THE HIGHEST AND BEST USE OF THE SITE, OF COURSE.
UM, TO MAKE IT SUCH A, A NICE RESTAURANT, THERE WOULD BE A BOON TO THE NEIGHBORHOOD AND CAN'T BE PARKED WITHIN THAT PHYSICAL SPACE, BUT HELP US CHECK THE BOX THAT WE NEED TO, UH, ABOUT THE FINANCIAL CONCERN.
SO IT'S, IT'S TWO PIECES THAT TO THAT.
FIRST IS, LIKE I SAID, INITIALLY THE SITE IS PD 1 93 HC, WHICH ALLOWS AN FAR OF FOUR, WHICH IS A LITTLE OVER A HUNDRED THOUSAND SQUARE FEET OF DEVELOPMENT RENTS, RIGHT? AND WE'RE ONLY ELECTING TO USE 8,000 SQUARE FEET OF THOSE, WHICH IS A PRETTY MINIMAL UTILIZATION OF OUR ENTITLEMENTS, RIGHT? SO I WOULD SUBMIT THAT THAT IS AN INDICATION THAT WE'RE NOT TRYING TO OVERDESIGN OR OVERDO THE SITE AND NOT
[01:20:01]
CREATING THIS HARDSHIP.THE SECOND PART IS WHEN YOU LAY OUT THE PARKING ON THE SITE, AS THOSE FOUR EXAMPLES SHOWED YOU THAT YOU CAN'T FIT ANY BUILDING WITH 80 PARKING SPACES, NOW YOU CAN PLAY THAT GAME.
WHAT IF I DID 70? WHAT IF I DID 74? BUT, YOU KNOW, WHAT DOES A 300 SQUARE FOOT BUILDING DO FOR YOU? AND SO IT'S THOSE TWO THINGS PRIMARILY.
WHEN'S THE RESTAURANT OPEN? MM-HMM?
AND HOW LONG DOES IT TAKE TO, UH, WE ARE, UH, PROBABLY WITH SEVEN MONTHS MORE WORK.
SO THREE YEARS YOU'VE BEEN, YOU'VE BEEN OUT ALREADY FOR A WHILE.
UM, THAT'S GOOD BECAUSE IF YOU'RE ANGLING FOR FREE FOOD, YOU'RE GONNA END UP IN JAIL.
UM, ARE THERE OTHER QUESTIONS? OKAY.
UH, DO I HAVE A MOTION? IS MR. CHAIR, I HAVE A MOTION.
JUDY, ARE YOU GONNA MAKE IT? WE'RE ALMOST THERE.
MR. CHAIR, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 2 3 DASH 0 9 0 ON THE APPLICATION OF MOSS, HE GRANT THE 19 SPACE VARIANCE TO THE PARKING REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THIS MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? I I SECOND THE MOTION.
MR. MILLIKEN, YOU GIVE THE FIRST SHOT OR TWO A MOTION? NO OTHER COMMENTS? YES.
OTHER COMMENTS? OTHERWISE, MISS, I THINK IT'S VERY NICE FOR, UM, A RESTAURANT, PARTICULARLY IN AN AREA SUCH AS THIS, TO PLAN AHEAD AND TO NOT EXPECT THERE TO BE ON STREET PARKING OR TO BORROW OTHER PEOPLE'S PROPER, UH, OTHER PEOPLE'S PARKING LOTS FOR THEIR FACILITY.
MR. SUE, DO YOU WANNA GO OR SHALL? UM, I WANT TO, I, I, IN THIS CASE, I THINK A, A A CHUNK OF THE PRESENTATION ESSENTIALLY SAYS THAT THE LAW AS WRITTEN IS A HARDSHIP.
WE, WE DEAL WITH PROPERTY SPECIFIC CIRCUMSTANCES, EACH INDIVIDUAL, UM, AND WE ALSO DEAL WITH WHAT IS IN FRONT OF US.
THAT PARKING STUDY, I'M POSITIVE, TALKS ABOUT WHY EXACTLY THIS MANY SPACES IN THIS SORT OF OPERATION AFFECTS TRAFFIC EXACTLY THIS WAY.
ABSENT THAT, I, I LOOK AT IT AND I, I, I SIT AND SAY, I DON'T KNOW WHAT THE RIGHT SQUARE FOOTAGE OF, OF THE BUILDING IS, BUT IT'S A, YOU, YOU'VE GOT A SITE PLAN THAT DOESN'T FLOW WELL AT ALL.
UH, I'M NOT SURE I'D NECESSARILY WANNA BE A PEDESTRIAN WANDERING THROUGH THERE.
UM, UH, BUT WHEN IT COMES DOWN TO IT, I HAVE TO, AND THAT'S, I, I THINK I MIGHT BE ABLE TO GET OVER IT WITH THE PARKING STUDY.
BUT ABSENT THAT, WE'VE STILL GOT A SQUARE LOCK.
THERE'S NO SIZE, SHAPE, OR SLOPE.
AND I THINK THAT WAS THE CITY'S HURDLE TO BEGIN WITH.
AND I, I, YOU KNOW, BUT THAT'S WHAT I, I CAN'T GET OVER.
MAYBE SOMEONE CAN HELP ME WITH IT, BUT, UH, THANK YOU.
I GUESS I THINK OF THE, THE SPECIAL CONDITIONS
[01:25:01]
AS NOT NECESSARILY REQUIRING THAT.UM, BUT IN TERMS OF NECESSARY TO PREVENT DEVELOPMENT, I THINK A RESTRICTIVE AREA CAN BE IN THE SHAPE OF A SQUARE OR RECTANGLE, DEPENDING ON THE NEED.
AND I THINK THAT THE EXPECTATION FOR UPTOWN IS TO AFFORD A CERTAIN DEGREE OF DENSITY AND DEVELOPMENT THAT WOULD CREATE AMENITIES FOR THE NEIGHBORHOOD.
AND FOR ME, THAT HAS BEEN SATISFIED BY, UM, THIS APPLICANT GOING TO THE OAKLAND COMMITTEE AND WALKING THEM THROUGH THE PLAN AND THE REASON WHY AND THE JUSTIFICATION, UM, TO BE ABLE TO ADDRESS KIND OF WHAT, WHAT THOSE NEEDS ARE AND HOW THEY COME ABOUT SOLVING.
UM, WE CAN HAVE A SEPARATE DISCUSSION ABOUT, UH, WHETHER THE CODE IS IN LINE WITH WHAT WE AS A CITY WOULD WANT IN TERMS OF OUR, UH, PARKING REQUIREMENTS.
AND SO THAT IS WHAT AFFORDS APPLICANTS LIKE THE ONES HERE BEFORE US TO COME TO US TO TRY TO ENGAGE ABOUT WHETHER, UH, RELIEF FROM THOSE REQUIREMENTS TO WARRANT YOU BEING JUSTIFIED.
AND SO I APPRECIATE YOUR POINT ABOUT WISHING THAT, UH, IT HAVE BEEN FOR THE RECORD, UM, BEFORE US, BUT I BELIEVE MR. MANN ACTUALLY SPOKE ABOUT KIND OF WHY IT WASN'T SUBMITTED AS PART OF THE APPLICATION, BECAUSE IT, IN THEORY WASN'T PARTICULARLY GERMANE TO THE SPECIFIC STUFF THAT, THAT WE NEEDED.
UM, BUT THAT WAS PART OF WHAT HAD BEEN PRESENTED TO THE OAKLAWN COMMITTEE FOR THEM TO, TO LAND WHERE THEY DID.
UM, AND THAT BODY, UH, I RESPECT A LOT BECAUSE THEY TAKE THEIR VOLUNTEER ROLE, UM, EXCEPTIONALLY SERIOUSLY IN TERMS OF VETTING HOW THE, THE NEIGHBORHOOD RESPONDS TO THIS WITH OTHERS.
SO FOR ME, UM, I AM WILLING TO GET THERE, EVEN THOUGH, UH, THIS ISN'T A WEIRDLY SLOPED OR, UH, SHAPE, BUT BECAUSE OF THE CONSIDERATION, I STILL VIEW IT AS RESTRICTED VERY ENOUGH WHERE I'M GONNA BE SUPPORTING MOTION.
THE VALUE OF THAT PARKING STUDY HAS, TO ME, HAS MORE TO DO WITH UNDERSTANDING EXACTLY HOW THE, AT LEAST PARKING STUDIES, I, I HAVE READ AND KNOWN, UH, TALK ABOUT WITH SOME SPECIFICITY, UH, HOW THEIR CUSTOMER COUNT AFFECTS CERTAIN TIMES OF DAY AND HOW THAT AFFECTS, UH, TRAFFIC FLOW ON THE STREETS AND ON SITE.
UH, AND, YOU KNOW, ON, ON, ON A TUESDAY, YOU KNOW, ST.
UM, UH, SO THAT, THAT'S, THAT'S PROBABLY WHAT I WOULD NEED TO GET OVER MY SIZE, SHAPE, AND SLOPE.
OBVIOUSLY OUR, YOU KNOW, A FLOOD PLAIN IS A GOOD EXAMPLE THAT ISN'T SIZE, SHAPE, OR SLOPE, BUT I, ANYWAY, THAT'S WHERE I END UP.
BUT I, UH, I DON'T THINK, UH, I THINK THIS IS A REASONABLE MINES CAN DISAGREE.
AND I WOULD ONLY ADD THAT, UM, THE NEIGHBORS BY THIS PARTICULAR SITE ARE, UM, VERY FOCUSED ON WHAT THEIR NEEDS WOULD BE.
AND I THAT IS TRUE, AM QUITE CONFIDENT THAT IF, UM, ANY OF THEIR NEIGHBORS IN UPTOWN BELIEVE THAT THE ADDITION OF THIS, UH, RESTAURANT TO THE AREA WOULD BE A, A CHALLENGE FOR THEM OR PARKING MORE FULL TRAFFIC, THEY WOULD NOT HESITATE TO VOCALIZE THAT, MOST LIKELY AT THE OAK LAWN COMMITTEE MEETING BEFORE COMING HERE IF NECESSARY.
JUST ANOTHER THOUGHT, MS. FOLLOW, YOU'RE ABOUT TO CALL, WELL, I JUST HAVE AN ANECDOTAL COMMENT TO MAKE AS A POTENTIAL DI DINER.
I'M VERY GRATEFUL THAT THERE'S ONSITE VALET PARKING RATHER THAN THREE BLOCKS AWAY.
SO YOU DON'T HAVE TO WAIT 20 OR 30 MINUTES FOR YOUR CAR.
YOU'VE NEVER WAITED 20, 30 MINUTES FOR VALET PARKING.
UM, I I, I DO THINK THAT INCREASING THE, THE NUMBER ALLOWED PARKING IN INCREASING THE REQUIREMENT OR, OR HOLDING TO THE STANDARD, UM, UH, REDUCES THE AMOUNT OF DINING SPACE, UM, FOR, FOR PATRONS AS WELL, POTENTIALLY.
UM, AND I, I THINK THAT CREATES A CHALLENGE TOO TO, TO BUSINESS OVERALL.
I MEAN, BECAUSE WE, WE WE'RE, AT THIS POINT IN LIFE, WE, WE WANT SPACE, YOU KNOW, WE DON'T WANT TO BE CRAMMED INTO A, A PLACE.
AND, AND, AND IF THIS PARTICULAR ESTABLISHMENT IS PURPORTING ITSELF TO BE AN UPSCALE ESTABLISHMENT, YOU PROBABLY, YOU, YOU PROBABLY WANT TO GO THERE AND YOU WANNA BE COMFORTABLE.
[01:30:01]
UM, SAY THAT IN, I I I THINK IT'S ANECDOTAL.THAT'S MY ANECDOTAL ANECDOTAL COMMENT.
I DON'T WANNA REDUCE THE SPACE.
OTHER COMMENTS? OKAY, MS. WILLIAMS, WOULD YOU CALL THE QUESTION? CALL THE VOTE.
MS. POLLER? AYE MR. SESSION, CAN YOU CALL ROBERT FIRST? AYE, NO.
YOU, AS YOU KNOW, WILL GET A LETTER CONGRATULATE.
UM, I HOPE YOU GET TO SKI THIS WEEKEND.
UM, SO THAT SAID, UH, OUR NEXT MEETING IS DECEMBER 18TH.
I'M TOLD THROUGH, SO THE BOARD OF ADJUSTMENT AT 2 31 AND 40 SECONDS IS ADJOURNED.