[Board of Adjustments: Panel A on November 14, 2023. ]
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TODAY IS TUESDAY, NOVEMBER 14TH, TWO 20, UH, 2023 AT 1:00 PM I HEREBY CALL THE MEETING OF A BOARD OF ADJUSTMENT PANEL A TO ORDER FOR A PUBLIC HEARING.UM, MY NAME IS DAVE NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF ITS PANEL A, A QUORUM IS OF OUR PANEL MEMBERS, IS PRESENT, AND THEREFORE WE CAN PROCEED BY OUR RULES OF PROCEDURE.
IT REQUIRES FOUR OF FIVE MEMBERS OF EACH PANEL TO TO HEAR A CASE.
AND WE HAVE FIVE OF FIVE TODAY.
ALLOW ME TO MAKE SOME INTRODUCTIONS AND THEN MAKE A FEW COMMENTS AND THEN WE'LL PROCEED WITH OUR AGENDA.
UM, INTRODUCTIONS AGAIN, MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT.
TO MY LEFT ARE IS KATHLEEN DAVIS, RACHEL HAYDEN, JAY NER, AND MICHAEL HOROWITZ.
TO MY RIGHT IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, MY MATTHEW SAPP.
UH, JASON HOOL, OUR DEVELOPMENT SERVICES ADMINISTRATOR, BRYANT THOMPSON, SENIOR PLANNER, DR.
CAMIKA MILLER HOSKINS, SENIOR PLANNER, DIANA BARKUM, DEVELOPMENT CODE SPECIALIST COORDINATOR, AND PHIL IRWIN ARBORIST.
BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR OUR 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 UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE LEGAL, A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THE HEARING THIS MORNING AT OUR 10 30 BRIEFING AND IS ALL, AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET DOCK, WHICH EXPLAINS THE CASE, WHICH W AND WAS POSTED ON OUR CITY WEBSITE SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY CASES TODAY, UH, SHOULD BE SUBMITTED TO OUR BOARD SECRETARY MARY WILLIAMS, WHICH REMINDS ME, I DIDN'T IN INTRODUCE MARY.
MARY WILLIAMS, YOU RAISE YOUR HAND A SECOND.
MARY WILLIAMS IS OUR BOARD SECRETARY.
SO IF YOU WANTED TO SPEAK TODAY EITHER FOR THE PUBLIC TESTIMONY PORTION OR TO SPEAK OR TO SPEAK AT, UM, UH, PUBLIC TESTIMONY OR TO SPEAK AT A SPECIFIC CASE, YOU NEED TO FILL OUT ONE OF THESE BLUE SHEETS OF PAPER.
THE EVIDENCE YOU PROVIDE AND YOU GIVE TO OUR BOARD SECRETARY WILL BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD.
APPROVALS OF VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
AGAIN, I'M REINFORCING AND AFFIRMATIVE APPROVAL REQUIRES FOUR OF FIVE MEMBERS OF THE PANEL LETTERS TO THE BOARD'S.
ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE OF THE PERMANENT PUBLIC RECORD.
UH, AGAIN, ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE.
EACH REGISTERED SPEAKER DURING PUBLIC TESTIMONY WILL BE GIVEN THREE MINUTES TO SPEAK, UH, WHEN YOUR CASE IS CALLED.
UH, TYPICALLY WE PROVIDE FIVE MINUTES FOR THE APPLICANT TO SPEAK AND ANYONE IN FAVOR? FIVE MINUTES FOR THOSE OPPOSING.
UH, AND THEN A FIVE MINUTE REBUTTAL FOR THE APPLICANT.
UM, ALL COMMENTS WILL BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY THE SPEAKING TIMES AS NECESSARY TO MAINTAIN AN ORDER.
I WILL, WE WILL GIVE AMPLE TIME FOR THE APPLICANT TO MAKE THEIR CASE IF IT'S MORE THAN FIVE MINUTES, BUT WE HAVE TO GIVE EQUAL TIME TO EVERYONE.
SO, UM, THAT'S IN AN EFFORT TO MAKE SURE THAT, UM, EVERYTHING IS HEARD TODAY.
LET ME PREVIEW THE AGENDA FOR TODAY.
UM, WE HAVE SEVEN CASES ON OUR AGENDA.
UM, THE TWO CASES THAT WERE ON THE UNCONTESTED DOCKET THIS MORNING HAS BEEN PULLED INTO THE INDIVIDUAL CASES.
UH, SO WE WILL GO IN THE ORDER, THE ORIGINAL AGENDA, UM, BUT NOTHING IS UNCONTESTED.
EVERYTHING WILL BE HEARD THROUGH A BRIEF THROUGH A, UH, PUBLIC HEARING THIS AFTERNOON.
FIRST ITEM THAT WE'LL HANDLE AS A BOARD IS PUBLIC TESTIMONY.
MS. BOARD SECRETARY, DO WE HAVE ANY REGISTERED SPEAKERS FOR PUBLIC TESTIMONY? NO PUBLIC SPEAKERS, SIR.
NEXT ITEM ON OUR AGENDA IS REVIEW AND APPROVAL OF MEETING MINUTES.
THE FIRST ITEM IS OUR, UH, BOARD OF ADJUSTMENT FULL SPECIAL CALL MEETING.
THIS WAS HELD, UM, ON OCTOBER 31ST.
UM, IN FRONT OF YOU ARE THE MEETING MINUTES THAT, UM, THE BOARD SECRETARY AND I HAVE PREPARED, UM, THE CHAIRMAN ENTERTAIN A MO, ENTERTAIN A MOTION TO APPROVE.
I MOVE TO APPROVE THE, THE FULL BOARD SPECIAL
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MEETING THAT WAS HELD ON OCTOBER 31ST.IT'S BEEN MOVED BY MS. HAYDEN.
IT'S BEEN SECONDED BY MS. DAVIS.
DISCUSSION ON THE MOTION HEARING? NO.
ALL ALL IN FAVOR, PLEASE SAY AYE.
NEXT ITEM ON THE AGENDA IS THE REVIEW AND APPROVAL OF OUR SEPTEMBER 19TH, 2023, UH, PANEL.
THE CHAIRMAN ENTERTAIN A MOTION.
I MOVE TO APPROVE THE PANEL A MEETING MINUTES FROM, I'M SORRY, THAT'S SEPTEMBER 29TH, SEPTEMBER 29TH, 19TH, 19TH, SEPTEMBER 19TH, 2023.
IT'S BEEN MOVED BY MS. DAVIS TO APPROVE SEPTEMBER 19TH PANEL A MEETING MINUTES.
IS THERE A SECOND? I'LL SECOND.
SECONDED BY MS. HAYDEN DISCUSSION ON THE MOTION HEARING? NO DISCUSSION.
THOSE OPPOSED? MOTION CARRIES UNANIMOUSLY.
UH, THAT, THAT COVERS OUR MISCELLANEOUS ITEMS. UM, WHAT WE HAVE REMAINING FOR TODAY ARE SEVEN CASES, AND AGAIN, THEY'LL BE CALLED AND A PUBLIC HEARING WILL BE CONDUCTED IN THE ORDER OF THE CASES, UH, JUST FOR EVERYONE'S, UH, EDIFICATION.
SO YOU SEE WHAT PAPERS ARE SHUFFLING LEFT AND RIGHT.
UH, THE BOARD ALWAYS WELCOMES PUBLIC COMMENT AND SO WE, UH, THROUGH OUR BOARD SECRETARY OR OUR PLANNERS RECEIVE EMAILS FROM, UH, INDIVIDUALS.
AND IF YOU WERE PARTICIPATING IN OUR BRIEFING THIS MORNING, I HAVE A FOLDER OF EMAILS THAT HAD COME IN AND WE ARE BRIEFED.
SO I'LL DO THE SAME THING THIS AFTERNOON AS WE HEAR EACH CASE.
I WILL PASS ON WHATEVER THE PUBLIC EMAILS THAT WE RECEIVED BY NINE O'CLOCK THIS MORNING SO THAT WE AS A PANEL CAN, UH, ABSORB THAT.
UH, THERE MAY BE TIMES WHEN WE TAKE A PAUSE IN ORDER TO READ FURTHER OR READ AGAIN THAT EMAIL, UH, THAT PUBLIC COMMUNICATION JUST TO MAKE SURE WE HAVE ALL THE INFORMATION.
FIRST ITEM, UM, FOR A PUBLIC HEARING IS BDA 2 2 3 DASH 0 9 5.
THIS IS AT 4 7 0 7 ALLEN CREST LANE IS THE APPLICANT HERE.
HOW ARE YOU? I AM GOOD, HOW ARE YOU? VERY GOOD.
ALRIGHT, SO OUR PROCEDURE IS THAT WE GIVE YOU FIVE MINUTES PLUS OR MINUS.
UH, I'LL GIVE YOU AMPLE TIME IN ORDER TO PRESENT TO THE, TO THE BOARD OF ADJUSTMENTS AND UM, AND THEN WE WILL COME BACK TO YOU WITH QUESTIONS AND THEN IF THERE'S ANYONE ELSE TO SPEAK IN FAVOR OR AGAINST BEFORE YOU START, I'M GONNA ASK FOR YOUR NAME.
YOU'RE GONNA BE SWORN IN, THEN YOUR NAME AND ADDRESS.
DO WE HAVE ANY OTHER SPEAKERS REGISTERED FOR THIS CASE OTHER THAN THE APPLICANT? NO, SIR.
SO IF YOU'D GIVE US, UH, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY'S GONNA SWEAR YOU IN.
YES, MY NAME IS MADISON UMBERGER AND MY HOME ADDRESS IS 9 1 4 0 LINBROOK DRIVE, DALLAS, TEXAS 7 5 2 3 8.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
MAKE SURE THAT MICROPHONE, YOU MIGHT PUSH THAT DOWN JUST A LITTLE BIT.
THE MICROPHONE, THE STEM JUST DOWN A LITTLE BIT.
SO YOU HAVE FIVE MINUTES PLUS OR MINUS PROCEED.
UM, SO WE WERE BUILDING A CAR.
WE WOULD LIKE TO BUILD A CARPORT AND JUST TO ADDRESS SOME OF Y'ALL'S CONCERNS.
UM, THE TREE THAT Y'ALL WORRIED ABOUT, I HAVE PICTURES OF IT.
I DROVE BY AFTER I LISTENED TO THE BRIEFING.
IT IS WAY FAR IN FRONT OF THE CARPORT, SO NOTHING HAS TO BE TRIMMED.
I HAVE PICTURES OF THAT IF Y'ALL WOULD LIKE TO SEE THAT.
UM, UM, THIS FAMILY HAS LIVED HERE FOR 19 YEARS IN THIS HOME.
THEY ARE VERY, VERY CLOSE WITH ALL OF THEIR NEIGHBORS.
THE HOUSE TO THE LEFT OF THEM THAT IS VACANT IS A WOMAN NAMED BERNIE, WHO THEY'RE VERY CLOSE WITH.
SHE'S NOW LIVING IN A HOME, BUT HER KIDS, HER GRANDKIDS COME OVER AND SWIM.
SHE HAS GIVEN HER APPROVAL AND CONSENT.
LOVES THIS FAMILY TO BUILD THIS CARPORT.
UM, EVERYTHING WILL BE BUILT TO CODE.
IT IS NOT A DRIVE-THROUGH CARPORT, SO IT, IT JUST STOPS AT THE BACK.
BUT THE TWO SIDES ARE OPEN WITH TWO BRICK COLUMNS, UM, AND METAL ROOF AND GBOARD CEILING FOR FIRE PROTECTANT.
I THINK THAT'S ALL I REALLY HAVE JUST TO COVER Y'ALL'S CONCERNS.
IF NOT, I'M SURE THERE ARE QUESTIONS THAT ARE COMING.
THAT'S ALL I HAVE FOR Y'ALL, SO I'LL TAKE QUESTIONS.
AND AGAIN, YOUR NAME IS MADISON.
ARE YOU REPRESENTING THE OWNER OF THE PROPERTY? I OR ARE YOU THE PROPERTY OWNER? I AM REPRESENTING THE OWNER OF THE PROPERTY.
YOU'RE REPRESENTING THE OWNER OF THE PROPERTY.
UH, QUESTIONS FROM THE PANEL FOR THE APPLICANT? MS. HAYDEN? UM, YOU MENTIONED THAT YOU HAVE PICTURES THAT SHOW WHERE THE TREE IS? YES.
UH, I THINK IT WOULD BE HELPFUL FOR US TO SEE THOSE.
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I EMAILED THEM DURING THE BRIEFING.UM, BUT I CAN, I HAVE THEM ON MY PHONE ALSO IF THAT HELPS Y'ALL SEE, IS IT EASIER IF I GRAB MY PHONE AND Y'ALL, I DON'T THINK WE'RE GONNA PASS YOUR PHONE ALONG.
YEAH, I THINK, AND ANYTHING THAT YOU PROVIDE US IS PUBLIC RECORD, SO WE NEED A HARD COPY OF SOME SORT.
SO, UM, UM, MS. DAVIS, SO, UM, COUPLE QUESTIONS FIRST.
IS THERE A, A GARAGE ON THE PROPERTY? THERE IS NO GARAGE, NO.
SO WHEN, WHEN YOU WERE CON WHEN CONSTRUCTION, IT LOOKS LIKE IT'S UNDER CONSTRUCTION.
WHY DIDN'T YOU, WHY DO YOU HAVE TO COME IN FRONT OF US? WHY DIDN'T YOU SPACE IT OUT SO THAT YOU COULD FIT THAT CARPORT SO THAT IT'S NOT SO CLOSE TO THE PROPERTY LINE? SO MOST OF THESE HOUSES ON THE STREET HAVE ALL THE LEFT SIDE DRIVEWAY THAT WRAPS AROUND.
AND SO THEY'RE JUST WANTING TO MAKE IT SO IT'S NOT A DRIVE-THROUGH TO CLOSE IT OFF WITH THE CARPORT.
IT WASN'T, WE KEPT THE FOUNDATION, WE KEPT PART WHOLE RIGHT SIDE OF THE HOUSE IS ALL EXISTING.
WE JUST ARE CHANGING THE STRUCTURE OF IT.
AND, UH, YOU MENTIONED THAT THE PROPERTY OWNER TO THE, I'M TRYING TO LOOK AT THIS HOUSE TO THE LEFT, TO THE EAST OR TO THE WEST OF YOU, WHICH IS DIRECTLY ADJACENT TO THE CARPORT.
DO YOU HAVE ANYTHING IN WRITING FROM THAT CAR? THAT PROPERTY? I DO NOT BECAUSE THAT'S REALLY ALL THAT MATTERS.
BUT REALLY SINCE EVERYTHING WE DO IS A MATTER OF RECORD, WE NEED SOMETHING IN WRITING.
UM, ALRIGHT, SO YOU MENTIONED THAT YOU LISTENED TO OR WE'RE AWARE OF SOME OF THE COMMENTS THAT CAME UP THIS MORNING.
ONE OF THE COMMENTS THAT I MADE WAS, I DON'T SEE ANY OF THE CAR POINTS IN THE NEIGHBORHOOD.
AND THE REASON WHY I LOOKED FOR THAT AND MADE THE COMMENT WAS ONE OF OUR CRITERIA IS WHETHER THE REQUESTED SPECIAL EXCEPTION IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD.
SO WHEN I GOT THIS BRIEFING PACKAGE AND SAW THAT, I WENT, OH, I WONDER WHAT ELSE IS GOING ON IN THE NEIGHBORHOOD TO MAKE SURE WE DON'T DISRUPT THE CHARACTER OF THE NEIGHBORHOOD.
NOW YOU CAN RESPOND DIRECTLY ACROSS THE STREET IS A PORT RICOCHET WHERE IT'S A DRIVE-THROUGH CARPORT THAT GOES INTO THEIR GARAGE DIRECTLY ACROSS THE STREET FROM THEM.
AND THEN THE HOUSE ON THE CORNER OF ALAN CREST ALSO HAS A CARPORT.
YES, MS. DAVIS, DO YOU HAPPEN TO KNOW IF THEY ARE, UM, IF THEY'RE FIVE FEET FROM THE PROPERTY LINE OR ARE THEY CLOSER TO THE PROPERTY LINE? SO ARE THEY COMPLIANT? THOSE OTHER TWO CAR PARTS? YES, THEY ARE.
THAT YOU MENTIONED? YES, THEY'RE, YES, THEY'RE OKAY.
AND THIS WOULD BE HOW CLOSE TO THE PROPERTY LINE? IT WOULD BE FOUR INCHES OFF, YES.
SO ONE OF THE OTHER CRITERIA THAT WE LOOK AT, CRITERIA THAT WE LOOK AT IS THE MATERIALS TO BE USED IN CONSTRUCTION OF THE CARPORT.
AND I THINK YOU SAID THAT IT WON'T BE OPEN ON THE BACK.
UM, AND THEN I'M ASSUMING THERE ARE TWO COLUMNS.
ARE ARE, CAN YOU DESCRIBE A LITTLE IN A LITTLE MORE DETAIL THE MATERIALS OF CONSTRUCTION? CORRECT.
THERE'LL BE TWO BRICK COLUMNS THAT MATCH THE EXTERIOR OF THE HOUSE TO THE, IF YOU'RE LOOKING AT THE HOUSE ON THE LEFT SIDE, TWO OPEN BRICK COLUMNS, AND THEN YOU'LL HAVE THE NEIGHBOR'S FENCE RIGHT THERE THAT YOU'LL BE ABLE TO SEE THROUGH.
DOES THAT MAKE SENSE? UH, SURE.
SO THE SIZE OF THE BRICK COLUMNS, HOW, AND, AND SO THE BETWEEN THE BRICK COL COLUMNS, IT'S OPEN TO THE NEIGHBOR'S SIDE? IT IS OPEN, YES.
AND HOW BIG ARE THE BRICK COLUMNS? I DO NOT HAVE THAT.
THAT IS ON THE PLANS? THEY'RE, YEAH, IT'S ON THE PLANS.
WHAT OTHER QUESTIONS DO WE HAVE? MR. VEZ? UH, DID I HEAR YOU CORRECTLY THAT, UM, THE FENCE THAT THIS IS GONNA BE ADJACENT TO, IS THE PROPERTY AN OBLIGATION OF OF THE NEIGHBOR? SORRY, SAY THAT ONE MORE TIME.
THAT THE FENCE IS RIGHT NEXT TO WHERE THIS IS SUPPOSED TO GO UP.
IS THE RESPONSIBILITY AND PROPERTY OF THE NEIGHBOR, NOT THIS HOUSE.
OH, I'M NOT, I'M NOT SURE WHO THE FENCE BELONGS TO.
UM, IT'S DIVIDING THE TWO PROPERTIES.
QUESTION FOR YOU, THIS PROPERTY NEVER HAD A GARAGE? NO.
WHERE DID THE CARS PARK? THAT'S A GOOD QUESTION.
THROUGH, I THINK THE BACK DRIVEWAY AND THEY JUST HAD A DRIVEWAY IN THE BACK AND THEN THEY HAVE A POOL.
OKAY, WHAT OTHER QUESTIONS YOU, UH, ANY OTHER, ANY, ANY OTHER QUESTIONS FOR THE APPLICANT? MR. NER? THANK YOU MR. CHAIRMAN.
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MY MAIN CONCERN, UH, WITH THIS CASE IS THE ADJACENT PROPERTY IMMEDIATELY, UH, TO THE LEFT OF THE CAR PROPOSED CARPORT.UM, YOU REPRESENTED THAT THE OWNER IS AN ELDERLY PERSON IN A CARE FACILITY OF SOME SORT.
AND THAT THEIR FAMILY USES THE PROPERTY ON A REGULAR BASIS FOR SWIMMING OR ET CETERA? NO, HER BERNIE'S FAMILY COMES TO THE WONDER LAKES HOUSE, THE HOME WHO'S WANTING TO, THEY'RE JUST VERY CLOSE TO THAT FAMILY.
THEY COME OVER TO THE WONDER LAKES HOUSE TO HANG OUT AND SWIM AND, OKAY.
I WAS JUST USING THAT AS A REFERENCE TO SHOW YOU THAT THEY'RE VERY CLOSE.
UM, I'M GONNA CONVEY MY FEEDBACK BEFORE WE GO, GO INTO A MOTION.
UH, I AM CONCERNED ABOUT AS, AND I'M GONNA REPEAT THE FOUR CRITERIA THAT THE CODE HAS FOR US COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD, WHETHER IN WHETHER THE VALUE OF SURROUNDING PROPERTIES WILL BE ADVERSELY AFFECTED, SUITABILITY OF THE SIZE AND THE LOCATION AND MATERIALS TO BE USED IN THE CONSTRUCTION.
I'M WORRIED ABOUT THE COMPATIBILITY, I'M WORRIED ABOUT THE SUITABILITY AND THE SIZE AND THE LOCATION, FOUR INCHES FROM THE PROPERTY LINE.
AND I'M WORRIED ABOUT THE VALUE OF THE SURROUNDING PROPERTIES.
UM, I'M GONNA GIVE YOU A CHANCE TO RESPOND TO THAT BECAUSE ONCE WE GO TO A MOTION, REALLY THE PUBLIC HEARING PORTIONS CLOSE.
SO THERE ARE MY CONCERNS STILL.
SO IF YOU DRIVE DOWN ALLEN CREST, ALL, IF YOU'RE FACING THE HOUSES, VERY FEW GARAGES ARE IN THE FRONT.
MOST GARAGES ARE IN THE BACK AND THEY HAVE THESE BACK ENTRANCE DRIVEWAYS.
AND THEY HAVE WHAT? FROM FROM THE ALLEY OR FROM FROM THE FRONT STREET.
SO YOU ENTER THROUGH THE FRONT OF YOUR HOUSE AND YOU DRIVE DOWN YOUR DRIVEWAY TO GET TO THE BACK OF YOUR HOUSE.
SO THEY EITHER HAVE GATES THERE, ALL OF THESE HOUSES EITHER HAVE SLIDING GATES, THAT AUTOMATIC GATES THAT OPEN TO ALLOW YOU TO THEIR DRIVEWAY IN THE BACK.
AND SO OUR CUSTOMERS WANTED TO DO SOMETHING DIFFERENT THAT WOULD BE MORE OF A CARPORT, SO THEY WOULDN'T HAVE TO DRIVE ALL THE WAY TO ENTER THROUGH THE BACK INSTEAD OF DOING AN AUTOMATIC GATE.
IT'S, I'M WONDERING IF THAT'S OUT OF CHARACTER, OUT OF THE COMPATIBILITY AND CHARACTER OF THE NEIGHBORHOOD.
THERE ARE MULTIPLE CARPORTS IN THE NEIGHBORHOOD THAT AREN'T FOUR INCHES OFF, BUT THERE ARE MULTIPLE CARPORTS IN THE NEIGHBORHOOD.
OTHER DISCUSSION, MS. HAYDEN? I, I LOOKED AT THE PLANS AGAIN AND IT LOOKS LIKE THE, THE CARPORT IS 13 AND A HALF, UH, FEET TALL TO THE, TO THE TOP OF THE ROOF.
AND SO MY CONCERN IS, YOU KNOW, THE SUITABILITY AND OF THE SIZE AND LOCATION OF THE CARPORT BECAUSE YOU'RE GONNA HAVE 13 AND A HALF FEET, FOUR INCHES OFF THE PROPERTY LINE.
AND THAT, THAT, THAT CONCERNS ME A LITTLE BIT BECAUSE THAT'S ONE OF THE CRITERIA THAT WE HAVE TO LOOK AT AS WELL.
ANY OTHER QUESTIONS AT THIS JUNCTURE? MS. DAVIS? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 0 9 5 ON APPLICATION OF MADISON UMBERGER DENY THE SPECIAL EXCEPTION TO THE SIDE YARD SETBACK REGULATIONS FOR CARPORTS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THE REQUEST WILL HAVE A DETRIMENTAL IMPACT ON SURROUNDING PROPERTIES IN THE MATTER OF BDA 2 2 3 0 9 5.
UH, MS. DAVIS HAS MOVED TO DENY WITHOUT PREJUDICE.
IS THERE A SECOND ON THE MOTION? I'LL SECOND.
IT'S BEEN SECONDED BY MS. HAYDEN.
MS. DAVIS, SPEAK TO THE MOTION PLEASE.
UH, A A COUPLE, COUPLE COMMENTS.
I MEAN, THERE, THERE'S NOT A COMPELLING REASON, IN MY OPINION TO ADD A, UM, A CARPORT TO THE SIDE.
I DON'T THINK IT'S SUITABLE FOR THE NEIGHBORHOOD.
I DON'T THINK IT ENHANCES THE VALUE OF THE EXISTING HOUSE, AND I CERTAINLY DON'T THINK IT IS, UH, ENHANCING THE VALUE OF NEIGHBORING PROPERTIES AND, UM, THE MATERIALS AS WELL, AND JUST THE CONSTRUCTION OF THE CARPORT.
I I THINK IT'S, UM, I, I DON'T AGREE AND I I WOULD ENCOURAGE YOUR CLIENT TO LOOK FOR OTHER METHODS.
MS. HAYDEN, I AGREE WITH MS. DAVIS AND YOU KNOW, THE FACT THAT IT'S ONLY FOUR INCHES FROM THE PROPERTY LINE GIVES ME SOME CONCERN, ESPECIALLY 13 AND A HALF FEET TALL.
UM, FOR THE FUTURE PROPERTY OWNER FOR THE ADJACENT UH, PROPERTY, AND A NINE FOOT EIGHT INCH VARIANCE IS A PRETTY SIGNIFICANT VARIANCE FOR A SIDE YARD SETBACK.
ANY OTHER DISCUSSION ON THE MOTION? I WOULD AGREE.
AS I SAID BEFORE WE WENT TO THE,
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UH, MOTION.MY CONCERN REMAINS THE COMPATIBILITY.
MY CONCERN REMAINS THE SUITABILITY.
UM, SO I'LL BE SUPPORTING THE MOTION AS PRESENTED.
ANY OTHER DISCUSSION ON THE MOTION HEARING? NO DISCUSSION ON THE MOTION.
WE'LL CALL THE ROLL BOARD SECRETARY, MS. HAYDEN.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 2 3 DASH 0 9 5 9 5.
THE BOARD APPRO, UH, DENIES WITHOUT PREJUDICE BY A VOTE OF FIVE TO ZERO.
NEXT ITEM ON THE AGENDA TODAY IS BDA 2 2 3 DASH 0 9 7 BDA, 2 2 3 DASH 0 9 7.
THIS IS AT 2 7 6 4 CATHERINE STREET IS THE APPLICANT HERE.
UM, WE'RE GONNA HAVE YOU SWORN IN AND THEN YOU HAVE FIVE PLUS OR MINUS MINUTES TO SPEAK TO THE BOARD.
UH, MS. WILLIAMS BOARD SECRETARY, DO WE, WHAT SPEAKERS DO WE HAVE ON THIS CASE? NO, THE SPEAKERS SIR.
ALRIGHT SIR, IF YOU'D GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
NO, YOU TURN THE MICROPHONE ON PLEASE.
MY ADDRESS IS 3000 IRWINDALE, I-R-W-I-N-D-E-L-L DALLAS 7 5 2 1 1.
AND MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UH, I WAS HERE FOR THE BRIEFING EARLIER TODAY, THIS MORNING.
UH, ONE THING THAT I HEARD IS, UH, I SENT, UH, SOME PICTURES YESTERDAY EVENING.
I, AND I THOUGHT I WAS IN COMPLIANCE BECAUSE I HAVE AN EMAIL FROM THE CITY TO, UH, MAKE SURE THAT Y'ALL RECEIVED THEM BY SIX O'CLOCK IN THE MORNING THE DAY OF THE HEARING.
SO I, I THOUGHT I WAS IN COMPLIANCE AND I'M SORRY I DID WRONG, BUT I I DID SEND THEM.
THIS IS NOT GONNA TAKE AWAY FROM YOUR TIME.
THE REASON WE HAVE THE THRESHOLD AND OUR RULES PROCEDURE IS SO THAT WE'RE ABLE TO ABSORB IT IN ADVANCE OF THE HEARING.
AND THIS IS WHAT YOU HAD SENT US AND IT'S, IT'S DETAILED AND, AND IT'S A LOT OF PICTURES.
AND IN ORDER TO BE FAIR TO YOU, WE WANNA MAKE SURE WE HAVE TIME TO BE REVIEW IT.
NOW, I'M GONNA PASS THIS BACK DOWN THROUGH THE PANEL TO ABSORB IT WHILE YOU'RE SPEAKING, BUT REALLY I WANT US TO BE LISTENING TO YOU SPEAK AS OPPOSED TO EVIDENCE THAT WE JUST RECEIVED.
AND THE PLANNER THAT YOU DEALT WITH SHOULD HAVE PART OF OUR RULES OF PROCEDURE TOLD YOU ABOUT THIS 10 DAY RULE.
IT'S, AGAIN, IT'S ALL IN ORDER TO MAKE SURE THAT WE HAVE ENOUGH INFORMATION IN ADVANCE.
AND LIKE I SAID, I'M SORRY, I WAS JUST, UH, RELYING ON THE EMAIL THAT I RECEIVED MS. HOSS HOSKIN MILLER, DO YOU WANNA MAKE A COMMENT? YES, YOU CAN.
UM, WHO DID, WHO SENT THE EMAIL REGARDING SIX O'CLOCK THE MORNING FROM, FROM THE CITY? AND, UH, I'VE GOT A SCREENSHOT OF IT SAYS, IF YOUR PRESENTATION CANNOT BE SHARED BY YOUR DEVICE, MAKE SURE THAT YOU SEND IT TO MARY WILLIAMS BEFORE 6:00 AM ON THE MORNING OF THE HEARING.
ALL SINS, WHETHER INTENTIONAL OR NOT ARE FORGIVEN.
OF COURSE, WE WANNA SPEAK TO THE MERIT OF YOUR REQUEST.
WE JUST WANNA MAKE FOR SURE THAT WE HAVE AMPLE TIME TO HEAR WHAT YOU HAVE TO PRESENT.
BUT AS A GENERAL RULE, IT'S 10 DAYS BEFORE, RIGHT? OKAY, THANK YOU.
SO, OKAY, SO I'VE UH, BUILT THIS HOME FOR MY DAUGHTER AND SHE'S SINGLE, JUST GRADUATED FROM
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COLLEGE.AND I WANT TO SECURE THE PROPERTY WITH THE FENCE.
AND AS FAR AS I NEED YOU TO SPEAK A LITTLE BIT CLOSER TO THE MICROPHONE, I I WANTED TO, THERE YOU GO.
I BUILT THIS HOME FOR MY DAUGHTER AND I WANTED, I BUILT THE FENCE TO SECURE THE PROPERTY.
THE, I HEARD DURING THIS MORNING THAT SOMEBODY WAS ASKING ABOUT THE VARIANCE.
THE ENCROACHMENT WAS BETWEEN SEVEN AND 10 FEET FROM THE 20 FOOT VARIANCE.
THE GATE DOES HAVE SLATS, TWO INCH GAPS BETWEEN TWO INCH SLATS.
SO THERE IS VISIBILITY FOR THE GATE.
OTHER THAN THAT, UH, THE PICTURES YOUR, SOMEBODY ELSE BROUGHT UP, HOW MANY OTHER FENCES ON THE NEIGHBORHOOD? WELL, THIS CONSERVATION DISTRICT IS BETWEEN 12TH STREET AND CLARENDON.
BETWEEN CHALMERS AND RAVINIA, AND THERE'S OVER 95% FENCES IN THAT CONSERVATION DISTRICT.
THE PICTURES THAT I SENT YOU VERIFY THAT.
SO BASICALLY, UM, THAT'S MY PRESENTATION.
I'M AT Y'S MERCY FOR THIS VARIANCE OR THIS, UM, I DON'T THINK IT'S A VARIANCE.
IT'S A, THERE'S SPECIAL EXCEPTIONS.
SO I'M OPEN FOR ANY QUESTIONS.
QUESTIONS FOR MR. SMITH REGARDING 2 7 6 4 CATHERINE STREET, MS. DAVIS.
UM, DID, DID YOU BUILD THE, BUILD THE FENCE YOURSELF OR DID YOU HIRE A CONTRACTOR? UH, NO, I BUILT IT.
AND WERE YOU AWARE OF THE RESTRICTIONS AND GUIDELINES FOR THE PROPERTY? UH, I TAKE FULL RESPONSIBILITY, NO.
WHAT I DID IS THAT I WENT BY THE PICTURES OF ALL THE OTHER FENCES THAT ARE IN THE NEIGHBORHOOD, WHICH I TOOK PICTURES OF.
I COMPLIED WITH EVERYTHING THAT'S ADJACENT AND ALL AROUND THE NEIGHBORHOOD AND SOLD 95% OF FENCES.
AND, UH, AS FAR AS TRAFFIC IN THE ALLEY IS VERY MINIMAL.
ALL THE, ALL THE, THERE IS NO TRASH ABOUT TRASH PICKUP IN THE ALLEYS.
I, I JUST WANNA ADD, IT'S UP TO EVERY HOMEOWNER TO UNDERSTAND THE RESTRICTIONS OF THEIR PROPERTY.
WE DO HAVE PEOPLE COMING TO US ASKING FOR FORGIVENESS THAT I'VE, THAT'S NOT SOMETHING I SUPPORT.
EVERY HOMEOWNER NEEDS TO UNDERSTAND THE RESTRICTIONS, WHETHER YOU'RE HIRING A CONTRACTOR OR BUILDER OR YOU'RE DOING IT YOURSELF.
IT'S JUST THE RESPONSIBILITIES OF HOME, HOME OWNERSHIP.
UNFORTUNATELY, I, I TOTALLY AGREE.
IT'S AFTER THE FACT THAT THANK YOU MS. DAVIS.
OTHER QUESTIONS FOR MR. SMITH? ON 2 2 3 0 9 7 MS. HAYDEN, SO YOU MENTIONED THAT THE ALLEY DOESN'T HAVE, UH, THERE ARE NO TRASH TRUCKS GOING DOWN THE ALLEY? NO.
WHERE'S THE ALLEY OR, OR WHERE'S THE GARBAGE COLLECTED? IN FRONT? IN FRONT.
IT'S ALL BROUGHT OUT THE FRONT OF THE HOUSE.
AND THEN ARE THERE CARS, UH, HAVE THAT GO DOWN THE ALLEY, I'M ASSUMING? THERE, THERE'S, THERE'S ALSO NO, CAN, CAN I ASK THE QUESTION REAL QUICK? SURE.
SO ARE THERE, ARE THERE, ARE THERE DRIVEWAYS ALONG THE ALLEY FOR PEOPLE THAT LIVE ALONG THE ALLEY WHERE THEY CAN, THERE THERE IS NO DRIVEWAYS OR GARAGES THROUGH THE ALLEY? UH, MY PICTURE SUPPORT ALL THAT.
ALSO, I KNOW IT'S, IT, UM, THE STAFF SHOULD HAVE CONVEYED TO YOU SOME OF THEIR CONCERNS AS IT RELATES TO WHAT'S CALLED VISIBILITY TRIANGLES.
ARE YOU FAMILIAR WITH THE CONCEPT OR THAT CONVERSATION? I AM.
AND, UH, THAT IS MY, AND WHAT, WHAT I WALKED OVER TO THE STAFF MEMBER IS TO GET THIS DRAWING THAT WAS SUBMITTED THAT LOOKED AT THE VISIBILITY TRIANGLES.
BECAUSE THAT'S A VERY, THAT THAT IS PART OF, PART OF OUR DUTY TO MAKE SURE THAT WE, WE TAKE INTO CONSIDERATION ANYTHING THAT WOULD CREATE A TRAFFIC HAZARD.
AND, UH, AND THERE'S, THERE'S SHOWING THAT THERE ARE THREE DIFFERENT AREAS THAT HAVE VISIBILITY TRIANGLES OR TWO DIFFERENT AREAS, THE DRIVEWAY AND THEN THE ALLEYWAY.
UM, DO YOU AGREE OR DISAGREE WITH THOSE CONCERNS ON THE VISIBILITY TRIANGLES? I, I DON'T DISAGREE.
[00:30:03]
OKAY.THE DEFENSE IS BUILT AND, UH, THAT'S THE REASON I'M ASKING FOR SPECIAL EXEMPTION.
THE ACTUAL GATE WHERE THERE'S TWO TRIANGLES THERE, THERE IS SLATS ON THAT ON THE GATE THAT'S THERE NOW WHERE YOU CAN, YOU CAN ACTUALLY SEE OUT.
AND AS FAR AS THE ALLEY'S CONCERNED, I'M AROUND 10 FEET ENCROACHMENT OR SEVEN FEET ENCROACHMENT FROM THE, THE 20 FOOT SETBACK.
UH, DIANA, WAS THERE ANOTHER DRAWING? ONE SECOND SIR.
WAS THERE ANOTHER, A SMALLER VERSION THAT HAD THE THREE TRIANGLES ON IT FOR THIS ONE THERE? YES.
THERE'S A BETTER VERSION THAT YOU SHOWED US AT THE BRIEFING THIS MORNING.
WE'RE JUST TRYING TO GET OURSELVES EDUCATED HERE.
ALRIGHT, SO I'M LOOKING AT, UM, AND OUR RESIDENT EXPERT AT THIS IS MS. HAYDEN, SO I ALWAYS BEND TO HER, UH, WE ALL HAVE INDIVIDUAL VOTES, BUT, UM, IT, IT, IT SHOWS THE THREE AREAS THAT, THAT ON BOTH SIDES OF THE FENCE, THE GATE I GUESS THAT YOU HAVE, AND THEN AT THE CORNER WITH THE, UM, WITH THE ALLEY.
NOW I'M GONNA PASS THAT TO MR. HAYDEN.
UH, THAT, THAT'S STILL A CONCERN TO ME.
I'M NOT AS CONCERNED, I'M NOT AS CONCERNED ABOUT THE HEIGHT ISSUE OF THE FENCE AS, AS OPPOSED TO ARE WE ENDORSING A TRAFFIC HAZARD? AND I HAVE TO BE VERY CAREFUL ABOUT US ENDORSING A TRAFFIC HAZARD.
PIERCE STREET HAS VERY LITTLE, I CAN'T HEAR YOU.
PIERCE STREET HAS MINIMAL TRAFFIC.
THE ALLEYS HAVE ALMOST NO TRAFFIC AND THE ACTUAL FENCE GATE ITSELF'S GOT SLATS.
WELL, THE, THE CITY COUNCIL CREATED THIS AS A RULE, BUT THEY ALSO EMPOWERED US TO MAKE AN EXCEPTION TO THE RULE.
SO WE DIDN'T CREATE THE RULE, WE'RE JUST THERE TO ENFORCE, ENFORCE IT, GRANT AN EXCEPTION WHEN IT'S, WHEN IT'S MERITED.
SO THAT'S THE PROCESS WE'RE GOING THROUGH.
WHAT OTHER QUESTIONS DID YOU HAVE ANY OTHER QUESTIONS ON, ON THAT MS. HAYDEN? OKAY.
DID YOU HAVE ANYTHING ELSE THAT YOU WANTED TO ADD TO US AT THIS TIME? NO, SIR.
I'M, I'M JUST HERE YS MERCY AND WE'LL COMPLY WITH WHATEVER YOUR DECISION, OUR CRITERIA IS, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY.
AND SO WE ZERO IN, WE ZERO IN AND ALSO NOT CONSTITUTE TRAFFIC HAZARD.
THOSE ARE THE TWO CRITERIA CRITERIA IN FRONT OF US.
I I WILL TELL YOU THAT, UM, IT'S A CONCERN OF THIS ONE MEMBER WHEN WE'RE ASKED TO GRANT APPROVAL AFTER THE FACT, UH, WHEN SOMETHING WAS NOT PERMITTED.
AND, UH, SO THEY, THIS GIVES US PAUSE THAT'S NOT DIRECTLY TO THE CRITERIA, BUT THAT IS PART OF THE DECISION AT LEAST OF THIS ONE MEMBER.
SO I HAD TO TELL YOU THAT BECAUSE, UM, THAT'S, THAT'S THE LENS BY WHICH I'M LOOKING AT THIS.
THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH 0 9 7 ON THE APPLICATION OF ROBERT SMITH, DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BDA 2 2 3 0 9 7.
UH, MS. HAYDEN HAS MOVED TO DENY WITHOUT PREJUDICE THE REQUEST FOR A SPECIAL EXCEPTION TO MAINTAIN THE SIX FOOT HIGH FENCE.
UH, IS THERE A SECOND TO THE MOTION? SECOND, IT'S BEEN SECONDED.
OUR PUBLIC HEARING IS OVER UNLESS I MISS SOMETHING.
DID YOU HAVE, DID YOU HAVE SOMETHING YOU NEEDED? UH, UH RIGHT.
UH, I THOUGHT THAT WE WERE QUESTIONING THE VISIBILITY TRIANGLE THERE.
THERE ARE TWO VISIBILITY TRIANGLES AND THERE IS THE FENCE HEIGHT.
WELL, THE FENCE HEIGHT IS IN, I'M IN, UH, COMPLIANCE FENCE HEIGHT.
WE HAVE THREE ITEMS IN FRONT OF US.
AM I CORRECT? IT'S NOT THE FENCE HEIGHT, IT'S JUST THE VISIBILITY TRIANGLE.
ALL WE'LL HOLD FOR ONE SECOND.
[00:35:02]
MS. MARY, CAN WE HAVE TECHNOLOGY BACK? OKAY.IT IS 1:46 PM ON THE 14TH OF NOVEMBER.
UH, THE BOARD OF ADJUSTMENT PANEL A IS BACK INTO, UH, SESSION, UM, PANEL MEMBERS.
UM, I ASKED THE THE PANEL TO GO INTO RECESS IN ORDER TO GET FURTHER CLARIFICATION AS IT RELATES TO BDA 2 2 3 0 9 7.
AND I'M GONNA ASK DIANA COMB AND MR. TREVOR BROWN TO PROVIDE THE BOARD WITH VIA SOME POWERPOINTS FURTHER CLARIFICATION ON, UM, THE FENCE ISSUE AND WHY THE FENCE IN THEIR OPINION IS RELEVANT AS SUBMITTED, UH, FOR A SPECIAL EXCEPTION.
I DON'T KNOW, I DON'T THINK THERE'S ANY ADDITIONAL QUESTIONS ON THE VISIBILITY TRIANGLES, BUT WE'RE CERTAINLY THE STAFF'S AVAILABLE TO DO THAT.
SO WITH THE CONCURRENCE OF THE BOARD ATTORNEY THAT WE HAD THE BRIEFING THIS MORNING, UH, THE MOTIONS HAVE BEEN WITHDRAWN.
SO WE'RE STILL PART OF THE PUBLIC HEARING THIS AFTERNOON, CORRECT? MR. BOARD ATTORNEY? OKAY.
SO WOULD I SAY, VINCENT, YOU CAN GO AHEAD AND SIT DOWN FOR A MOMENT SIR AND WE'LL CALL YOU BACK UP.
WE'RE, WE'RE GETTING, WE'RE TRYING TO GET CLARIFICATION FOR EVERYONE INVOLVED.
ALRIGHT, SO, UH, MS. BARUM, I'M GONNA REFER TO YOU FIRST AND THEN IF YOU WANNA INTRODUCE MR. BROWN THAT'S FINE.
UM, UH, WOULD YOU PROVIDE US SOME ADDITIONAL, UH, INFORMATION RELATING TO THE REQUEST, THE ORIGINAL REQUEST THAT'S IN FRONT OF US AND, AND THEN THE TWO OF YOU WITH ANY APPROPRIATE, UM, GRAPHICS? OKAY, I AM GOING, THE REQUESTS STAY THE SAME.
THERE IS A VARI OR A SPECIAL EXCEPTION TO THE HEIGHT THERE IS AND THERE'S TWO SPECIAL EXCEPTIONS TO THE VISIBILITY TRIANGLES, THE CORNER, THAT'S WHAT'S IN OUR RECORD AND THE, UM, DRIVE APPROACH.
UM, I WILL LET TREVOR EXPLAIN THE CD.
UM, IT'S 15 REGULATIONS FOR THE FENCES.
SO YOU
JASON, CAN YOU GIMME THE ABILITY TO SHARE MY SCREEN PLEASE? GOOD AFTERNOON.
UH, SINCE I DID NOT PREPARE UH, A POWERPOINT, UH, BUT I DO HAVE AN ILLUSTRATION THAT I SHARED WITH THE, UH, BOARD, UH, IN ORDER TO EXPLAIN THE REGULATIONS AS LAID OUT BY CD EIGHT, WHICH I'LL GO AHEAD AND READ JUST TO GIVE YOU THE IDEA, IT IS A BIT CONFUSING.
SO I WILL DO MY BEST TO EXPLAIN ON THE ILLUSTRATION ON THE SCREEN.
BUT FOR FENCES IN SUB AREA, ONE FENCES IN THE FRONT YARD MAY NOT EXCEED THREE FEET IN HEIGHT.
I WANT TO CLARIFY ON THIS DRAWING A FRONT YARD, JUST HOLD ON A SECOND.
AND OUR DOCKET, IT SAYS THIS IS IN ZONE CD EIGHT OH SUB SUB AREA ONE.
SO I JUST WANNA MAKE SURE THIS PROPERTY IS WITHIN THE AREA YOU'RE SPEAKING TO.
UH, AND JUST TO CLARIFY THAT PORTION, I DO WANT TO POINT OUT WHAT A FRONT YARD IS ON THIS DRAWING AND LEMME SEE.
I GUESS I CAN MAKE THAT BIGGER.
THE FRONT YARD IS FROM THIS FRONT SMALLER PORTION OF THE PROPERTY LINE TO THE 25 FOOT FRONT YARD SETBACK.
SO THIS AREA IN THE TRIANGLE IS THE FRONT YARD WHERE A FENCE CANNOT EXCEED THREE FEET IN HEIGHT.
AS YOU GO THROUGH THIS, I WANNA PAUSE TO MAKE SURE I SEE FIVE SETS OF EYES HERE.
I'M UNDERSTANDING WHAT YOU'RE SAYING.
SO, SO THE FRONT CORNER THIS MORNING IN THE BRIEFING, HE SAID THE FRONT YARD IS THAT LITTLE TOW, GO BACK A CLICK THERE.
THAT LITTLE TOW WHICH HITS, UM, CATHERINE STREET.
IT GOES TO THAT BUILDING LINE.
RIGHT? SO FENCES IN THAT AREA MAY NOT EXCEED THREE FEET IN HEIGHT.
SO THAT'S NOT REALLY IN QUESTION, BUT JUST FOR, AND THAT'S PART OF THE CD EIGHT? CORRECT.
SO THIS IS NOT AN OVERLAY, THIS IS THE ZONING FOR THIS NEIGHBORHOOD.
THEN IT GOES ON TO SAY FENCES MAY NOT EXCEED FOUR FEET IN HEIGHT IN THE FRONT YARD AND SUB AREAS TWO AND THREE, THE FRONT 50% OF THE SIDE YARD IN ALL SUB AREAS THAT WHICH WOULD INCLUDE THIS.
'CAUSE THIS IS IN SUB AREA ONE, CORRECT.
IN THE FRONT 50% OF A CORNER SIDE YARD IN ALL SUB AREAS.
SO JUST THINK ABOUT ON BOTH SIDES OF THIS.
'CAUSE THIS IS A CORNER SIDE YARD ALONG PIER STREET.
SO ON BOTH OF THESE SIDE YARDS IN THE FRONT 50% OF THE SIDE YARD, WHICH NOT TO CONFUSE THINGS, BUT YEAH, HOLD ON.
SO IS THIS CONSIDERED, SHOW US WHAT'S CONSIDERED THE SIDE YARD.
THE FRONT SIDE YARD, ISN'T THAT THE TERM YOU JUST USED? SO THIS BLUE LINE WAS DRAWN TO INDICATE 50% OF THIS SIDE YARD AND THIS CORNER SIDE YARD.
SO ANYTHING FORWARD TOWARDS CATHERINE
[00:40:01]
STREET OF THIS BLUE LINE, ANY FENCE IN THAT AREA CANNOT EXCEED FOUR FEET IN HEIGHT.DOES EVERYONE GET THAT? SO THEY PUT THE BLUE LINE IN TO SHOW WHAT FORWARD OF THE BLUE LINE CANNOT BE HIGHER THAN FOUR FEET? CORRECT.
NOW WHAT IS PROPOSED AND OR WAS BUILT THAT WOULD BE NON-COMPLIANT TO THAT INTERPRETATION? SO THIS SITE PLAN THAT WE WERE PROVIDED, THAT CONSERVATION DISTRICTS REVIEWED AND THIS MARKUP IS ON, DOES NOT INDICATE A FENCE GOING FORWARD OF THE DRIVEWAY ON PIER STREET, IF YOU NOTICE.
BUT THE SITE PLAN THAT WAS SUBMITTED TO YOU GUYS FROM WHAT I'VE SEEN DOES INDICATE A FENCE ALONG PIER STREET BASICALLY CONNECTING WITH THAT, THAT DIAGONAL FENCE THAT IS EXISTING OR HAS ALREADY BEEN BUILT, UH, THERE IN WHAT MOST PEOPLE WOULD CONSIDER THE FRONT YARD.
SO ARE YOU SAYING THAT WE HAVE TWO DIFFERENT SITE PLANS? SO CONSERVATION DISTRICT REVIEWED THE ONE THAT YOU SEE ON YOUR SCREEN, THE ONE THAT WAS PROVIDED TO THE BOARD OF ADJUSTMENT? WE HAVE NOT REVIEWED THAT PLAN.
SO IN THIS CASE, DO WE HAVE THE ACCURATE SITE PLAN FOR US TO DETERMINE TODAY I'M HEARING TWO DIFFERENT, I'M HEARING STAFF HAS TWO DIFFERENT SITE PLANS, ONE THROUGH THE CONSERVATION DISTRICT AND ONE THAT WAS SUBMITTED DIRECTLY TO US.
THE SITE PLAN THAT WE PASSED AROUND EARLIER WITH THE VISIBILITY TRIANGLES, UM, YOU HAVE IT BACK.
THIS IS THE SITE PLAN THAT SHOWS THE FENCE.
SO WE HAVE THE SITE PLAN THAT'S SHOWING THE FENCE.
AND IS THAT DISTRICT DOES NOT, IS THAT SITE PLAN COMPLIANT WITH HIS INTERPRETATION OF THE BLUE LINE? YES.
YEAH, I MEAN IT'S, YES, IT'S, EVERYTHING'S THE SAME EXCEPT OURS HAS THE, UM, THE FENCE ON IT.
SO IT IS, IS IT IN STAFF'S OPINION, SO, OKAY, BUT YOU'RE SAYING THIS PLAN WE SEE RIGHT HERE IN FRONT OF US DOESN'T SHOW WHAT THE APPLICANT WANTS TO BUILD OR HAS BUILT.
SO I BELIEVE WHAT IS INDICATED ON THE PLAN THAT YOU SEE ON THE SCREEN IS WHAT HAS ALREADY BEEN CONSTRUCTED BECAUSE THE FENCE HAS NOT COMPLETELY ENCLOSED THE YARD AND THE APPLICANT JUST SAID CORRECT.
SO WHAT'S ON THE SCREEN IS WHAT HAS BEEN BUILT SO FAR.
WHAT HAS BEEN SUBMITTED IS WHAT IS APPARENTLY PROPOSED BY THE APPLICANT TO ENCLOSE THE ENTIRE YARD.
SO WHAT, SO WHAT I SEE IN OUR CASE REPORT, PAGE 79, UH, IT SAYS FENCE PLAN LAYOUT C ONE DASH ZERO ONE DATED AUGUST 23RD, 2023 DRAWN BY MJ KB AND IT LOOKS LIKE IT'S A FENCE THAT WOULD ENCOMPASS THE ENTIRE PROPERTY.
AND IF I AM INTERPRETING WHAT I SEE ON PAGE 79 COMPARED TO YOUR DEAL HERE WITH THE BLUE LINE, THAT FRONT PORTION OF THE FENCE IS NON-COMPLIANT.
THAT, THAT'S WHY I'M INTERPRETING, I'M LOOKING WHAT WE WERE PROVIDED AND THEN I'M INTERPOSING THAT LINE MR. ATTORNEY, YOU'RE LOOKING OVER MY SHOULDER HERE, RIGHT HERE AND ALL THIS PORTION OF THE FENCE DIAGONAL ACROSS AND THEN ALONG PIERCE TO WHAT? I DON'T KNOW WHAT DIRECTION THAT IS.
IS THAT NORTH TO THE YEAH, TO THE, TO THE RIGHT OF THAT BLUE LINE IS ALL NON-COMPLIANT.
AND THAT IS WHAT'S SUBJECT TO THE REQUEST BEFORE THE BOARD TODAY? CORRECT.
DID YOU ALL GET MY GIBBERISH MR. OVITZ? SO LOOKING AT PAGE 79, YES.
CAN YOU SPECIFY PLEASE? UH, MR. CHAIRMAN, ARE YOU TALKING ABOUT SECTIONS LABELED FENCE DASH OH FOUR AND FENCE DASH OH FIVE? UM, WHERE, OH, UM, OH GOOD MAN.
UM, THE BLUE LINE, I'M LOOKING ON HIS GRAPHIC UP THERE AND I'M LOOKING AT ABOUT HOW IT, IT GOES EAST WEST AND IT, IT, IT, UH, I'M SEEING THAT THAT IT'S YOUR RIGHT, IT'S DEFENSE OH 3 0 4 AND OH FIVE ARE NON-COMPLIANCE AND ARE SUBJECT TO THE PURVIEW OF THE BOARD.
AND THAT'S WHAT WE'RE GONNA ADJUDICATE WHETHER WE GRANT A SPECIAL EXCEPTION OR NOT.
IS THAT A CORRECT INTERPRETATION? DIANA, DO YOU SEE WHAT OURS IS? EXCUSE ME.
MS. KU, IS THAT WHAT OURS IS COMPARED TO HIS, I'M JUST TRYING TO PUT THE BLUE LINE IN.
SO DID THAT ANSWER YOUR QUESTION? YOU HAVE, GO AHEAD.
IT DID, I JUST TO CLARIFY FURTHER PLEASE.
UH, THE SECTION LABELED FENCE OH FIVE YES.
HAS BEEN BUILT OR HAS NOT BEEN BUILT? THAT'S A GOOD QUESTION.
[00:45:01]
PIER STREET.SO FROM THE ALLEY TO THE, NO, THE OTHER DIRECTION DRIVEWAY.
THE OTHER DIRECTION, OH FIVE IS OH OH FIVE.
THAT HAS NOT BEEN BUILT AS OF YET.
SO I, I HAVE TO REPEAT BECAUSE THAT'S THE WAY I LEARNED.
SO WE'RE IN A CONSERVATION DISTRICT EIGHT SUBSECTION SUB AREA.
ONE, THE RULES WITHIN THE CONSERVATION DISTRICT EIGHT SUB AREA ONE WHICH ENCOMPASSES THIS PROPERTY SAYS THAT YOU CANNOT BUILD YOUR FENCES CAN'T BE OVER FOUR FEET BASICALLY BY THAT THERE'S THAT BLUE LINE TO THE TOE, CORRECT? THAT'S CORRECT.
UNLESS YOU GET A SPECIAL EXCEPTION FOR THE BOARD OF ADJUSTMENTS.
SO THIS ORDINANCE DOES ALLOW FOR, UH, AN APPLICANT TO COME TO THE BOARD FOR A SPECIAL EXCEPTION IF IT'S ALLOWED UNDER 51 A I'M ASSUMING THE ANSWER IS IT'S ALLOWED UNDER BOTH IF, IF WE APPROVE, RIGHT.
OKAY, SO I'M GONNA MAKE IT, I'M GONNA MAKE A DETERMINATION.
SO IT'S MY DETERMINATION THAT IT IS A, IT IS A, IT IS PROPER BEFORE THE BOARD A REQUEST THE APPLICANT QUESTIONED WHETHER, UH, WHY WE ARE TALKING ABOUT A FENCE HEIGHT, SPECIAL EXEMPTION.
I WILL MENTION FOR THE RECORD, IN HIS APP, IN THE APPLICANT'S APPLICATION, IT SAYS FENCE CAP, UH, FENCE IS AT SIX FEET REQUIRING A TWO FEET SPECIAL EXEMPTION.
SO IN THE WRITTEN NOTARIZED APPLICATION, HE MADE APPLICATION FOR A FENCE HEIGHT, SPECIAL EXCEPTION.
AND I'M GETTING CONFIRMATION TODAY FROM PROFESSIONAL STAFF THAT IT IS NON-CONFORMING AND THEREFORE IT WOULD REQUIRE APPROVAL FOR THE APPLICANT TO BE PROPERLY PERMITTED.
THAT'S MY, THAT'S MY DETERMINATION UNLESS THE BOARD FEELS OTHERWISE AND I DON'T HEAR THE BOARD SAYING OTHERWISE.
SO THAT'S WHAT WE'RE GONNA DO.
SO WE'RE NOW GONNA GO BACK AND, AND BACK TO THE, TO THE APPLICANT.
I'M GONNA BRING THE APPLICANT UP AND LET THE APPLICANT RESPOND.
SINCE WE HAVE, IS THERE ANY OTHER CLARIFICATION THAT THE PANEL NEEDS RELATING TO THIS? I'VE GOT MS. DAVIS THEN MR. HOP, MS. DAVIS, I, I SEE ON THIS ONE DI DIAGRAM THAT IT SAYS NEW SIX FOOT WOOD FENCE ON TWO FOOT CONCRETE FOOTING.
SO WOULDN'T THAT MAKE IT AN EIGHT FOOT FENCE? THAT'S A VERY GOOD QUESTION.
SO WHERE DOES THE FENCE, HOW DO YOU MEASURE THE HEIGHT? IS IT SPECIFIC TO CD EIGHT OR IS IT BASE ZONING? SO REMEMBERING THAT IT SAYS, UH, FENCES IN THE FRONT, 50% HAVE A MAXIMUM HEIGHT OF FOUR FEET IS ALLOWED.
UH, IT GOES ON TO SAY IN ALL SUB AREAS, FENCES IN THE REAR YARD, THE REAR 50% OF THE SIDE YARD AND THE REAR 50% OF THE CORNER SIDE YARD MAY NOT EXCEED NINE FEET IN HEIGHTEN.
SO THAT'S WHY THAT ANSWER YOUR QUESTION.
BUT IT, SO THERE WOULD NOT BE A NEED FOR A HEIGHT EXCEPTION IN THAT AREA.
BUT WHAT ABOUT THE FRONT PORTION? IN THE FRONT PORTION? THAT'S WHAT THEY APPLIED FOR.
SO, SO THAT THE VARIANCE, I MEAN WHAT THEY'RE ASKING FOR THEN WOULD NEED TO BE FOUR FEET, NOT TWO FEET BECAUSE THEY'RE GOING THAT, THAT, I MEAN, AND WHAT, WHAT I'M, ALL OF OUR INFORMATION SAYS THAT THE APPLICANT WANTS TO BUILD A SIX FOOT FENCE BUT IT'S ACTUALLY AN EIGHT FOOT FENCE.
SO IF YOU'RE LOOKING AT THE SCREEN, THIS PORTION WHERE IT SAYS THE, THE SIX FOOT FENCE ON A TWO FOOT CONCRETE FOOTING.
THAT'S WHY THEY'RE ASKING FOR A TWO FOOT SPECIAL EXCEPTION TO THE FENCE HEIGHT.
BUT BUT AGAIN, NO, IT'S A SIX FOOT FENCE ON TOP OF TWO FOOT FOOTER.
SO THE, THE ENTIRE TWO FOOT OF THE CONCRETE IS NOT THE ENTIRE PROPERTY.
IT'S ONLY IN THAT BACK PORTION OF IT, BUT NO, NO, NO.
SO IS THERE TWO FOOT FOOTING ON THE FRONT PORTION? THERE IS NO FENCE ON THE FRONT PORTION AS OF YET.
AND, AND PERHAPS STAFF CAN SHARE PHOTOS TO, UH, HELP.
I, I THINK MS. DAVIS'S QUESTION IS RELEVANT 'CAUSE WE'RE TRYING TO GET TO WHAT EFFECTIVELY ARE WE, UH, ADJUDICATING A VARIANCE AND DOES THAT INCLUDE THE FOOTING OR NOT? AND ALL WE'RE ZEROING IN ON IS TO THE FRONT OF THE BLUE LINE.
SO IS SOMEONE BRINGING THAT UP, THAT PICTURE? SO YOUR QUESTION IS PENDING.
SO MS. DAVIS'S COMMENT GOES TO PAGE 79 AND THE DETAILS ON IT WHERE IT SAYS NEW SIX FOOT WOOD FENCE ON TWO FOOT CONCRETE FOOTING, MR. BROWN, THAT'S EIGHT FEET.
[00:50:02]
UM, EIGHT FEET WHEN IT'S ONLY ALLOWED FOUR FENCE.OH THREE AND OH TWO I BELIEVE ARE THE, NOW WE'RE TALKING FENCE OH FIVE IS WHAT SHE'S TALKING ABOUT.
FENCE OH FIVE IS A SIX FOOT FENCE WITHOUT THE, UM, IT SAYS ON TWO FOOT CONCRETE FOOTAGE.
THAT IS WHO? SO IF YOU OH FIVE, UM, I DON'T KNOW WHERE IT IS ON YOUR DOCKET, BUT THE PAGE 79, THE ELEVATION FOR OH FIVE IS A SIX FOOT FENCE.
SEE OH FIVE FENCE IS SIX FOOT.
SO I JUST HEARD MS. HAYDEN SAY TO GO TO PAGE 82, THAT'S FENCE OH FIVE, BUT I SEE A CONCRETE FOOTING ON THERE AND I SEE SIX, I SEE SIX FEET AND I SEE A FOOTER.
IF YOU LOOK ON THE SCREEN YES.
YOU DO NOT SEE A FOOTER AT THE BOTTOM OF THIS PARTICULAR FENCE.
IF YOU GO TO THE NEXT PICTURE, YOU CAN SEE AT THE FRONT, THAT'S THE CORNER WHERE WE'RE TALKING ABOUT WHERE YOU CAN SEE THE FOOTER AND THAT'S THE BACK PORTION.
BUT WHAT WE'RE SAYING IS THAT CURRENTLY THEY'RE TRYING TO SAY THAT THE ENTIRE FENCE HAS THE FOOTER, THE ENTIRE FENCE DOES NOT HAVE THE FOOTER.
WHAT WE'RE SAYING IS THE BACK PORTION DOES HAVE THE FOOTER, THE FRONT PORTION DOES NOT.
AND AGAIN, IF YOU GO BACK TO THE PICTURE, THE ONE WE CAN SEE THE TRUCK SEE THIS, THIS, OKAY, I HEAR YOU HOLD THAT THOUGHT.
ON PAGE 79 OF THE APPLICANT'S DOCUMENTS TO THE BOARD AND ON FENCE ON FENCE FIVE, IT SAYS NEW SIX FOOT WOOD FENCE ON TWO FOOT CONCRETE FOOTER.
I'M JUST READING WHAT IT SAYS.
AND IT IS JUST LIKE WHEN APPLICANTS ASK FOR A SEVEN FOOT THREE FOOT VARIANCE AND IT'S ONLY JUST A PORTION OF THE GATE AND THE REMAINDER OF THE FENCE IS AT FIVE FOOT, THEY DON'T IDENTIFY EACH AND EVERY PORTION IN THE WRITTEN PORT.
THIS IS THE EXACT SAME SCENARIO.
IT'S JUST ONLY DEALING WITH THE FOOTER IN THIS SCENARIO.
IT LOOKS LIKE IT'S EIGHT FEET.
THAT'S MY INTERPRETATION MS. HAYDEN.
AND I, I UNDERSTAND THE CONFUSION HERE BECAUSE IT DOES SAY ON THE PLAN VIEW THAT IT'S A SIX FOOT CONCRETE, UH, SIX FOOT WOOD FENCE ON TWO FOOT CONCRETE FOOTING.
UM, JUST ON FENCE OH FIVE, JUST LIKE IT SAYS THE SAME THING ON FENCE OH TWO.
SO IT MAKES YOU THINK, WELL THAT'S THE SAME HEIGHT FENCE.
AND EVEN WHEN YOU GO BACK TO LOOK AT PAGE 82 WHERE IT HAS THE PROFILE VIEW OF FENCE OH FIVE AND FENCE OH FOUR, IT SHOWS THE CONCRETE FOOTING.
IT'S NOT DIMENSIONS, BUT YOU CAN'T TELL IS THAT SIX FEET ABOVE GRADE ABOVE THE, ABOVE THE GROUND LINE OR IS THAT SIX FEET IN ADDITION TO WHATEVER THAT FOOTING THAT'S NOT DIMENSIONS ON THAT DRAWING ON PENSO FIVE AND PENSO FOUR ON PAGE 82.
CLICK THAT SLIDE THAT'S GOT THE BLUE LINE.
'CAUSE I THINK THAT'S INSTRUCTIVE.
WHAT I'M ABOUT TO ASK, I'M GONNA GO TO MR. KOVA.
HE HAS A QUESTION I'M ABOUT TO ASK THE BOARD IS DO WE HAVE SUFFICIENT AND CONSISTENT AND ACCURATE INFORMATION TO MAKE A DETERMINATION? IF WE DON'T, WE PROBABLY NEED TO HOLD THIS OVER OR DENY IT.
IF WE DO, THEN WE CAN MAKE A DECISION TO APPROVE OR DENY.
BUT I'M QUESTIONING NOW WHETHER WE HAVE SUFFICIENT ACCURATE INFORMATION.
'CAUSE NOW THERE'S A DEBATE ABOUT WHETHER THERE'S A FOOTER OR NOT.
IF IT'S AN INCH, TWO, TWO FEET DOCUMENT, SAY IT'S TWO FEET I'M HEARING, OTHERWISE IT'S NOT, I DON'T KNOW WHAT TO BELIEVE OR NOT.
AND ONCE WE APPROVE, WE MOVE ON OUR WAY AND THEN IT'S UP TO BUILDING INSPECTION TO SAY WHAT WAS APPROVED OR NOT BASED ON WHAT WE, WHAT THE PLANS WERE SUBMITTED.
SO, AND THAT BURDEN OF ACCURATE INFORMATION IS THE APPLICANT'S.
SO MR. HOKO, DO YOU HAVE A QUESTION? UM, I'M MORE THAN A LITTLE CONFUSED BECAUSE I UNDERSTOOD THE APPLICANT TO SAY DEFENSE HAS BEEN BUILT.
WE'RE SEEING PICTURES OF THE FENCE THAT'S BUILT.
THE DRAWINGS INDICATE THERE'S MORE FENCE TO BE BUILT, BUT I'M UNCLEAR WHETHER, WHETHER THEY'RE PLANNING TO BUILD THAT OR NOT.
UH, WE'RE NOT VOTING ON APPROVING WHAT'S BEEN BUILT.
SO THERE'S, THERE IS NO FENCE THAT'S IN THE FRONT 50% OF THE SIDE YARD
[00:55:01]
BY NOW.SO TO HIS QUESTION, WHAT PORTION OF THE FENCE HAS BEEN BUILT TO THE RIGHT SIDE OF THE BLUE LINE? I NEED YOU TO TURN YOUR MICROPHONE ON PLEASE.
THIS AREA IS THE NEIGHBOR'S FENCE THAT WAS EXISTING.
MY UNDERSTANDING IS THAT THIS FENCE IS EXISTING OR HAS THIS, WAS THIS BUILT AS PART? SO THIS FENCE IS EXISTING.
THERE IS A SMALL SECTION OF FENCE BETWEEN THE EDGE OF THE DRIVEWAY HERE AND A STAIR, UH, THAT IS NOT INDICATED ON THE, THE PLANS.
WE'LL LOOK AT PHOTOGRAPHS TO CLARIFY THAT THERE IS NO FENCE BEYOND THAT STAIR CONNECTING TO THIS FENCE, WHICH IS WHAT THEY'RE PROPOSING.
SO THIS HAS NOT BEEN CONSTRUCTED YET, BUT WAS APPARENTLY PART OF WHAT WAS SUBMITTED TO YOU GUYS FOR CONSIDERATION AT SIX FEET OR AT SIX PLUS TWO OR WE DON'T KNOW.
SO THE CONSERVATION DISTRICT DID NOT REVIEW THIS.
WHAT'S THAT? I'M SORRY? THE CONSERVATION, YOU CAN'T COMMENT TO THAT.
YEAH, THE CONSERVATION DISTRICT DID NOT REVIEW WHAT THE BOARD HAS IN FRONT OF IT.
UH, WE CAN PROCEED WITH THE PUBLIC HEARING.
WE CAN MOVE TO A VOTE TO APPROVE OR DENY.
UH, WE'RE JUST TALKING TO THE DEFENSE RIGHT NOW.
UH, OR WE CAN HOLD OVER AND ASK FOR MORE CLARITY IN INFORMATION, UM, AND MAKE SURE THAT THE DOCUMENTS WE HAVE ARE CLEAR.
WHAT'S THE, WHAT'S THE GENERAL CONSENSUS OF THE PANEL? MS. HAYDEN, DO YOU HAVE AN OPINION? YES, I, I'M, I CAN VOTE ON THIS NOW BASED ON WHAT I HAVE.
THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN HAS MOVED TO DENY WITHOUT PREJUDICE THE REQUEST FOR A SIX FOOT HIGH SPECIAL EXCEPTION, UH, OFFENSE EXCEPTION.
IT'S BEEN SECONDED BY MS. DAVIS.
MS. HAYDEN, IF YOU WANNA COMMENT ON THE MOTION.
THIS WHILE, UM, THERE WAS SOME CONFUSION IN, IN THE, THE DRAWINGS AND THE INTERPRETATION OF THE CODE.
UM, THIS IS A, A CONSERVATION DISTRICT AND THERE ARE REASONS THAT THOSE ARE PUT IN PLACE WITH, WITH A LITTLE BIT MORE, UH, STRINGENT ZONING LAWS.
UM, AND I, THE, IT'S, IT'S REALLY JUST COMES DOWN TO OUR OPINION OF WHETHER IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTIES.
WHEN I SAW THE VIDEO DRIVING THROUGH THE NEIGHBORHOOD AND THAT THERE WERE VERY FEW FENCES, UM, ALONG PIER STREET AND THEN BOOM, THIS WAS RIGHT THERE, IT, IT, IN MY OPINION, WILL ADVERSELY AFFECT NEIGHBORING PROPERTIES.
MS. DAVIS, WOULD I SPEAK COMPLETELY AGREE WITH MS. HAYDEN'S COMMENTS, OTHER DISCUSSIONS ON THE MOTION? MY COMMENT IS, I, I'M CONCERNED ABOUT CONFUSING INFORMATION.
UM, I'M GLAD WE CLEARED IT UP.
IT'S, IT'S MY OPINION THAT IT WAS, ACCORDING TO THIS RE EXPLANATION, IT'S CLEAR THAT IT'S WITHIN THE PROVINCE OF REQUIRING A BOARD OF ADJUSTMENT SPECIAL EXCEPTION GIVEN THE BLUE LINE CD EIGHT AND SUB AREA ONE.
UM, SO I, I'M GLAD THAT'S CLEARED UP.
I'M CONCERNED THAT WE HAVE DIFFERENT DRAWINGS THAT AREN'T, ARE AS CLEAR AS IT SHOULD BE, AND ONE SAYS SIX FOOT WITH TWO FEET FOOTER.
THE OTHER SAYS SIX FEET AND IT DOESN'T SAY HOW MUCH.
AND I DON'T KNOW HOW BUILDING INSPECTION
AND WE DON'T WANNA CREATE CONFUSION ONCE WE ADJUDICATE A DECISION.
SO I'M ALWAYS CONCERNED ABOUT THAT.
UM, I'M GONNA, I'M GONNA ALLOW YOU TO MAKE A COMMENT, SIR, EVEN THOUGH WE ARE PAST THE PUBLIC HEARING PORTION, YOU CAN MAKE A BRIEF COMMENT.
I WOULD LIKE TO HOLD OVER TILL WE GET THIS CLARIFIED SINCE THERE'S A LOT OF CONFUSION.
AND SO I WOULD REQUEST FOR HOLD IT OVER UNTIL WE CAN MAKE SURE THAT EVERYTHING'S BEING CLARIFIED BEFORE I GET, UH,
[01:00:01]
UH, ANY TYPE OF A JUDGMENT ONE WAY OR THE OTHER.THANK YOU FOR YOUR COMMENT AND YOUR REQUEST.
UH, THE CHAIR ADVISED THE PANEL THAT THAT IS CERTAINLY ONE OF THE OPTIONS FOR US TO TAKE, UH, A HOLDOVER.
IF WE CHOOSE TO MAKE A WHOLE ORDER, WE'D GO TO OUR JANUARY 16TH OR 17TH.
JANUARY 16TH IS THE NEXT HEARING DATE OF THIS, IF THAT'S THE PREROGATIVE BOARD, BUT THAT IS THE, THE BOARD'S PREROGATIVE.
THAT'S UP TO MS. HAYDEN AND MS. DAVIS 'CAUSE THEY MADE THE MOTION ON THE FLOOR.
UH, JUST I WOULD BE IN FAVOR OF HOLDING THIS OVER AND GETTING MORE INFORMATION ABOUT THE PLANS AS THEY ACTUALLY ARE.
MS. DAVIS, I'M NOT IN FAVOR OF HOLDING THIS OVER MR. NER, IT'S YOUR TURN.
UH, I'M GOING TO, UM, IF THE BOARD DENIES AND IT STILL ALLOWS THE APPLICANT TO REAPPLY TOMORROW, UH, IF THE BOARD HOLDS OVER, UH, IT JUST MOVES THE DIS THE, THE PROCESS TO JANUARY AND, UM, THE APPLICANT WOULD THEN BE FREE TO SUBMIT ADDITIONAL INFORMATION, CLARIFICATION OR NOT.
UM, SO THAT'S, THOSE ARE THE PATHS WE'RE ON.
THOSE WERE, THOSE ARE THE PATHS WE'RE ON.
SO JUST TO CLARIFY, WHEN WE DENY WITHOUT PREJUDICE, THE APPLICANT CAN STILL REAPPLY TOMORROW.
TOMORROW, THEY COULD REAPPLY AT TWO 13 IF THEY WANTED TO.
NOW, THE QUESTION OBVIOUSLY IS, IS CLARIFICATION ON THE DRAWINGS GIVEN THE ADDITIONAL INTERPRETATION OF CD EIGHT, SUB AREA ONE AND THE 50% RULE ON THE FRONT PORTION AND THIS AND THOSE, THOSE SORT OF THINGS? UH, YES.
DISCUSSION, MR. HAITZ, UH, DENYING WITHOUT PREJUDICE ALLOWS HIM TO REAPPLY, BUT THEN HE WOULD BE VERY UNLIKELY, I WOULD THINK, TO MAKE THE JANUARY HEARING.
UM, IF, IF THE BOARD, IN ANY CASE DENIES AN APPLICATION, IT REQUIRE IT, IF, AND IF THE APPLICANT WANTED TO COME BACK AND AS LONG AS IT WAS WITHOUT PREJUDICE, THE APPLICANT WOULD SUBMIT A NEW APPLICATION, PAY THEIR FEE.
IS IT $600? IS THAT WHAT IT'S YES.
PAY THE FEE AGAIN, A NEW FEE, UH, AND START THAT CYCLE.
OUR CUTOFF FOR JANUARY HEARING IS NOVEMBER 22ND.
SO, UH, BUT THAT, YEAH, NOVEMBER 22ND.
SO THAT MEANS THEY'D HAVE TO COMPLETE THE SUBMITTAL INFORMATION TO STAFF BY NOVEMBER 22ND.
IF IT'S HELD OVER, UH, THE CUTOFF DOESN'T HOLD 'CAUSE IT'S A CONTINUATION OF AN EXISTING CASE.
I, I'M, MR. HK STILL HAS THE FLOOR.
AND IN THAT, IN THAT CASE, IF WE HOLD IT OVER, THEY DON'T HAVE TO PAY A FEE AGAIN.
CORRECT? I SO YOU, YOU WERE SAYING THAT YOU STILL FEEL IT SHOULD BE HELD OVER.
MS. DAVIS, YOU CAN SAY ANYTHING YOU WANT.
UM, THE, THE, THE REASON I'M NOT IN FAVOR OF HOLDING IT OVER IS BECAUSE REALLY IT COMES DOWN TO THE FACT THAT, UM, THE THE FENCE IS JUST NOT IN COMPLIANCE.
SO WHETHER IT'S A TWO FOOT, UM, A TWO FOOT CONCRETE BARRIER OR BOTTOM, UM, FOOTER, SORRY, I COULDN'T FIND THE RIGHT WORD.
OR IF IT'S A TWO INCH CONCRETE, UM, FOOTER, IT'S STILL NOT COMPLIANT AND IT'S STILL GOING TO AFFECT THE VALUE OF NEIGHBORING PROPERTIES AND, AND NOT BE CONSISTENT WITH, UM, WITH THE NEIGHBORHOOD.
SO THAT'S WHY I, I DON'T THINK IT'S NECESSARY TO EXTEND, BECAUSE THE ISSUE IS THAT COMPLIANCE, I UNDERSTAND THAT ONE DRAWING HAD FENCE, OTHER DRAWING DIDN'T HAVE A FENCE.
BUT WHAT IT COMES DOWN TO IS THAT THERE'S A, AT LEAST A TWO FOOT VARIANCE THAT'S AT STAKE HERE, WHICH ACCORDING TO THE MOTION, WE ARE NOT APPROVING.
SO THAT'S WHY I DON'T THINK IT'S NECESSARY TO CONTINUE THIS CASE.
THANK YOU MS. OR POSTPONE THIS CASE.
ANY OTHER COMMENTS ON THE MOTION? I'D BE FINE WITH HOLDING IT OVER UNTIL JANUARY.
UM, I, THAT GIVES AN OPPORTUNITY FOR THE STAFF TO WORK WITH THE APPLICANT FOR ADDITIONAL INFORMATION.
UM, I WOULD NOT BE IN FAVOR OF HOLDING IT OVER IF I SAW A LOT OF OPPOSITION, BUT SINCE I DON'T SEE A LOT OF OPPOSITION,
[01:05:01]
I'M THINKING, OKAY, MAYBE WE CAN BETTER REFINE THIS.I STILL THINK THE APPLICANT HAS A HIGH HURDLE ON THOSE VISIBILITY TRIANGLES AND, AND THAT'S A SEPARATE ISSUE THAT WE HAVEN'T EVEN ADDRESSED YET.
UM, BUT THAT'S, THAT'S THE BEAUTY OF DEMOCRACY.
YOU GOT, YOU HAVE THREE HURDLES HERE, SO, UH, I'D BE FINE WITH HOLDING IT OVER AND THAT KEEPS THE CASE ALIVE AND THAT WAY THEY DON'T HAVE AN EIGHT DAY FIRE DRILL TO SUBMIT TO STAFF.
'CAUSE THE CUTOFF IS NOVEMBER 22ND.
AND WITH THE STAFF'S SUCCESS AT 60 DAY TURNS, I'M NOT GONNA ASK FOR AN EXTENSION FOR SUBMISSIONS THIS MONTH LIKE I HAVE IN THE LAST YEAR.
SO, UM, I'M FINE WITH A HOLDOVER, BUT THAT'S THE, THAT'S THE MAJORITY VOTE OF THE PANEL.
MS. HAYDEN, IF, IF THE, IF WE DO, UH, VOTE TO HOLD IT OVER, DOES THAT MEAN THAT, UM, THE APPLICANT CO COULD COME BACK AND SUBMIT A PERMIT FOR A FOREFOOT FENCE THAT IS WITHIN IN COMPLIANCE AND NOT EVEN HAVE TO COME BEFORE THIS PANEL? ABSOLUTELY.
HE STILL HAS THE, THE APPLICANT STILL HAS THE VISIBLY TRIANGLE CH VISIBILITY TRIANGLE ISSUES.
UM, I, I ALL, WE'RE JUST TALKING AMONGST FRIENDS HERE.
I THINK PART OF THE PROBLEM IS, I DON'T KNOW IF THE APPLICANT UNDERSTOOD THIS CD EIGHT SUB AREA, ONE RULE IN THE FRONT 50% DEAL, UH, THAT SORT OF THING.
AND I THINK, AND I'M NOT POINTING FINGERS IN ANY FAULT, IT'S JUST THIS, THE UNIQUENESS OF CONSERVATION DISTRICTS.
IT'S A, IT'S ANOTHER, IT'S THE, IT'S THE BASE ZONING WHEN IT GETS APPROVED BY THE COUNCIL.
SO WE'RE INTERPRETING THE BASE ZONING HERE AND THAT HAS THIS BLUE LINE EFFECT AND SO FORTH.
UM, SO AGAIN, I'M FINE WITH POSTPONING 'CAUSE I DON'T SEE OPPOSITION.
I HESITATE POSTPONING BECAUSE IT, SO IT'S A BURDEN ON THE OPPOSITION TO SHOW BACK UP.
MR. NER, UH, YEAH, MR. CHAIRMAN.
UM, I, I WOULD BE INCLINED TO SUPPORT HOLDING IT OVER AS WELL.
WHAT, WHAT I WOULD REALLY LIKE TO SEE NOW THAT THE APPLICANT HAS LITTLE FURTHER EDIFICATION WITH REGARD TO THE CONSERVATION DISTRICT LANGUAGE IN REQUIREMENTS IS THE ACTUAL APPLICATION BEING CLEANED UP AND BETTER DEFINED.
SO THE, THE BOARD HAS TWO CHOICES TO VOTE ON THE MOTION THAT'S PRESENT OR TO WITHDRAW, AND THE CHAIR WOULD ACCEPT A DIFFERENT MOTION.
WHO MADE THE MAKER OF THE MOTION? MS. HAYDEN DID.
I WOULD LIKE TO WITHDRAW MY MOTION TO DENY WITHOUT PREJUDICE.
YOUR, UH, WILL THE, WILL YOU ACCEPT A WITHDRAWAL, UH, ON YOUR SECOND? NO, I, WELL, THAT'S THE PROTOCOL.
IN ORDER FOR IT TO BE WITHDRAWN, I HAVE TO GET THE MAKER AND THE SECOND THAT I, I WILL AGREE TO THAT.
THE MOTION HAS BEEN WITHDRAWN AND THE SECOND IS APPROVED.
MS. HAYDEN, WOULD YOU LIKE TO MAKE A REPLACEMENT MOTION? YES, I WOULD.
AND ARE YOU TALKING ABOUT ALL, ARE WE MAKING THIS, CAN WE MAKE A SWEEPING MOTION FOR ALL THREE? WE JUST ONE, OR DO WE HAVE TO DO ALL THREE HOLDING OVER? OKAY.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH NINE SEVEN HOLD THIS MATTER UNDER ADVISEMENT UNTIL JANUARY 16TH, 2024.
IT'S BEEN MOVED BY MS. HAYDEN IN THE MATTER OF BDA 2 2 3 0 9 7 TO HOLD THIS MATTER UNDER ADVISEMENT UNTIL JANUARY 16TH AT THE REQUEST OF THE APPLICANT.
IS THERE A SECOND? I'LL SECOND.
I THINK THIS IS THE WISE COURSE OF ACTION.
UM, I WOULD WARN THE APPLICANT, UH, THAT WE WON'T HOLD IT OVER AGAIN.
IT, IT NEEDS TO BE FINALIZED SO THAT WE CAN MOVE FORWARD AND BE FAIR TO EVERYONE IN THE PROCESS.
UH, YOU'VE BEEN HERE FOR THE BRIEFING AND FOR THE, UH, THE HEARING AND YOU'VE HEARD THE CONCERNS ABOUT THE DRAWINGS AND OR THE INTERPRETATION VIA THE CD.
THIS GIVES YOU TIME TO GET WITH STAFF AND CLARIFY WHAT YOU WANNA DO, WHAT WHAT YOU WANNA REQUEST.
UM, WE'RE NOT TELLING YOU WHAT TO DO, WE'RE JUST REACTING TO YOUR REQUESTS.
IT'S UP TO YOU TO, TO RE TO DECIDE WHAT YOU WANNA DO AND TO MAKE WHAT REQUEST YOU HAVE.
WE DIDN'T REALLY, WE DIDN'T REALLY ADDRESS THE VISIBILITY TRIANGLE, BUT I WOULD, I WOULD, UM, DEFINITELY URGE YOU TO, TO LOOK, LOOK AT THAT AGAIN AND SEE IF THERE'S ANYTHING THAT YOU CAN DO, UM, TO BE, TO BE IN COMPLIANCE WITH THE VISIBILITY TRIANGLE.
ANY, ANY OTHER DISCUSSION ON THE MOTION? WE WILL CALL FOR A VOTE.
MOTION PASSES FOUR FOUR TO ONE IN THE MATTER OF BDA 2 2 3 DASH
[01:10:01]
0 9 7.THE BOARD BY A VOTE OF FOUR TO ONE APPROVED A, UH, MOTION TO HOLD THE MATTER OVER UNTIL OUR JANUARY 16TH PANEL MEETING.
AND THAT IS FOR THE VISIBILITY TRIANGLE REQUEST AS WELL AS FOR THE SIX FOOT HEIGHT SPECIAL EXCEPTION.
AS ARDUOUS AS THAT PROCESS WAS, I THINK IT WAS A CLARIFYING PROCESS FOR US ALL.
NEXT ITEM ON THE AGENDA IS BDA 2 2 3 DASH 0 8 3 BDA 2 2 3 DASH 0 8 3.
THIS IS AT 9 1 2 2 INWOOD ROAD.
IS THE APPLICANT HERE? YES, SIR.
UH, CARL CROWLEY, 2201 MAIN STREET, DALLAS, TEXAS SUITE.
YOU WOULD, UH, BE SWORN IN BY OUR BOARD SECRETARY.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UM, UH, AS I'VE MENTIONED IN OTHER CASES WHAT WE HAVE, THE PUBLIC EMAILS THAT HAVE CAME TO US, SO I'M GONNA BE CIRCULATING THIS DOWN LIKE WE DID AT THE MORNING BRIEFING.
I JUST DON'T WANT YOU TO THINK WE'RE SHUFFLING PAPERS THAT YOU DON'T KNOW ABOUT THESE.
THIS IS JUST THE FEEDBACK PRO AND CON.
MR. CROWLEY, OUR RULE STATE THAT, OR OUR RULE STATE THAT THE APPLICANT HAS FIVE MINUTES PLUS A FIVE MINUTE REBUTTAL.
ARE THERE ANY OTHER SPEAKERS ON THIS CASE, MR. STU LONG? ALRIGHT, SO IN FAVOR OR AGAINST? IN FAVOR.
ALRIGHT, SO WE HAVE TWO SPEAKERS IN FAVOR.
ANY IN OPPOSITION? NO OPPOSITION.
ALRIGHT, SIR, YOU MAY PROCEED AND OF COURSE YOU HAVE MORE THAN FIVE MINUTES, BUT JUST USE YOUR TIES WISE, TIME WISELY.
I I, IF, IF I GET CLOSE TO FIVE MINUTES, SOMEBODY THROWS SOMETHING AT ME.
UM, AS I MENTIONED CARL CROWLEY REPRESENTING THE OWNER OF THE PROPERTY, WE'RE HERE BEFORE YOU ASKING FOR A SPECIAL EXCEPTION FOR THE FENCE REGULATIONS ON THE FRONT YARD AT NORTHWEST HIGHWAY.
THIS PROPERTY'S A NORTHWEST HIGHWAY AND INWOOD ROAD.
IT'S GOT AN EXISTING FENCE ALONG THAT NORTHWEST HIGHWAY FRONTAGE THAT'S VARIES IN HEIGHT.
AND ACCORDING TO THE OWNER OF THE PROPERTY IS VERY STOUT.
IT'S CONCRETE BUILT IN THE FIFTIES, LIKELY, UH, WITH BRICK.
UM, AT THIS TIME WE'RE ASKING TO ADD ONTO THAT WALL.
I THINK THAT WAS A QUESTION THAT CAME UP IN THE BRIEFING AS WE WILL.
HE SAID CARS HAVE HIT IT AND IT DOESN'T LOOK LIKE IT'S MOVED.
SO IT WAS A CONCRETE WALL BUILT IN THE FIFTIES WHEN THEY KNEW HOW TO BUILD CONCRETE WALLS.
UM, SO HE IS GONNA ADD THAT SUCH AT THE MAXIMUM HEIGHT ANYWHERE ALONG THAT LENGTH OF, OF FRONTAGE.
AND THEN I, I, I ALWAYS, UH, STEVE LONG AND Y'ALL KNOW WHO STEVE LONG AND I, UM, WE, WE ALWAYS CALL IT THE FRONT YARD AND THE WRAPAROUND, WHICH IS THE, THE PART THAT SORT OF WRAPS AROUND THE TWO, NOT SIDE YARD, BUT THE TWO SIDES AS THEY'RE IN THE FRONT YARD.
SO THAT WILL BE THE NINE FOOT PART OF THE WALL.
UM, IT WILL NOT EXCEED NINE FEET IN HEIGHT, SO WE'RE ASKING FOR THAT SPECIAL EXCEPTION FOR FIVE FEET IN HEIGHT.
YOU UNDERSTAND NORTH EVERYONE KNOWS WHAT NORTHWEST HIGHWAY IS.
IT'S VERY LOUD, IT'S VERY NOISY, IT'S VERY EVERYTHING.
UM, HE JUST WOULD LIKE TO, THE PROPERTY OWNER NOW WOULD LIKE TO RAISE THAT WALL, SO TO BE NINE FEET.
UM, YOU SAW SOME SLIDES, I'M SURE IN YOUR BRIEFING THAT SHOW A WALL ACROSS INWOOD ROAD THAT IS PROBABLY AT LEAST 12 FEET IN HEIGHT.
UM, WE'RE JUST GONNA ADD TO THAT WALL AND MAKE IT NINE FEET IN HEIGHT.
UM, WE'VE, UH, MET WITH THE NEIGHBORS A FEW TIMES.
THERE WAS NO OBJECTIONS TO THE WALL ON NORTHWEST HIGHWAY.
UM, SO THAT'S WHAT WE'RE PROCEEDING WITH IS THAT WALL FOR THE FRONT YARD ON NORTHWEST HIGHWAY THAT IS THE ONLY FRONT YARD ON THIS PROPERTY.
UM, WE HAVE, UH, THREE SIDE YARDS BASICALLY IN ONE FRONT YARD IN NORTHWEST HIGHWAY IS THE FRONT YARD.
SO I'M HERE TO ANSWER ANY QUESTIONS.
UH, DREW, DID YOU NEED TO ASK ANYTHING, ANSWER, ANYTHING ADD NO, I THINK WE'RE HERE OTHERWISE IN THE, UH, OWNER OF THE PROPERTY'S HERE IF YOU HAVE ANY QUESTIONS THAT I CAN'T ANSWER, SO.
UH, SO IS THAT IT FOR NOW, MR. CRAWLING? THAT'S IT FOR NOW.
VERY GOOD QUESTIONS FOR THE APPLICANT, MS. HAYDEN.
SO THERE WERE, I I THINK THERE WERE A COUPLE OF LETTERS OF OPPOSITION, UM, AND ONE OF THEM WAS FROM THE PROPERTY OWNER, UH, DIRECT DIRECTLY ACROSS INWOOD ROAD, AND I GUESS THAT WAS IN OPPOSITION TO THE PORTION OF THE WALL THAT GOES DOWN.
HOW, HOW LONG IS THAT PORTION THAT GOES DOWN INWOOD ROAD THAT YOU'RE REQUESTING A VARIANCE FOR SPECIAL? WELL, THE SPECIAL EXCEPTION IS JUST THAT WHAT WOULD BE IN THE FRONT YARD OFF OF NORTHWEST HIGHWAY.
SO IT'D BE 40 THAT WRAPAROUND OF THAT 40 FEET THAT'S IN THE FRONT YARD.
SO THE, THE NEIGHBOR ACROSS THE STREET, ACROSS INWOOD, UM, IT, IT WAS THE ONE THAT HAD AN EXCEPTION TO THAT.
DO YOU KNOW IF THE, IF YOU OR THE PROPERTY OWNER MET WITH THE WELL, I, I THINK THEY DID MEET WITH THEM FROM MY UNDERSTANDING.
ONE OF THEIR BIG CONCERNS WAS RIGHT NOW THERE'S A CREEK AND IT'S REALLY NICE LOOKING BACK THERE AND
[01:15:01]
THERE'S SOME GATES AND IT'S KIND OF OPEN RIGHT NOW.AND THEIR CONCERN WAS ON INWOOD IS, IS WE'RE GONNA CLOSE THAT OFF.
THAT'S NOT PART OF WHAT'S BEFORE YOU TODAY, FOR YOU TODAY IS THAT FRONT YARD ON AND AGAIN, THE WRAPAROUND, I'LL CALL IT ON, ON NORTHWEST HIGHWAY.
SO ON THE WRAPAROUND, THE 40 FEET, IS THAT AN EXISTING, UH, FENCE TOO THAT YOU'RE JUST ADDING TWO FEET TO? UH, YES.
UH, AND I DON'T KNOW IF IT'S TWO FEET, IT'S, IT WILL BE TO NINE FEET.
THE HEIGHT VARIES IS AT SOME PLACES WE MAY NOT EVEN ADD ANYTHING TO THE WALL NORTHWEST.
THIS IS VERY CONFUSING BECAUSE Y'ALL'S NAMES PLATES ARE BACKWARDS,
I KEPT GOING LIKE, SWITCH THOSE PLATES.
YOU KEPT SAYING A MOTION FOR MS. DAVIS.
I WAS LIKE, NO, NO, I DIDN'T SEE HER MOUTH MOVING ON.
I WAS, UH, MR. NEARING, UH, YEAH, JUST AS POINT CLARIFICATION SO THAT I FULLY UNDERSTAND WHAT THE APPLICATION IS REQUESTING.
UM, YOU WANT NINE FEET ALONG NORTHWEST HIGHWAY AND THE 40 FOOT WRAPAROUND THERE, UM, WHERE THE CREEK AREA AND STUFF IS.
UM, BUT YOU'RE NOT ASKING FOR NINE FEET ALL THE WAY DOWN INWOOD TO THE END OF THE LOT.
IS THAT CORRECT? THAT'S, THAT'S THE SIDE YARD.
SO THAT'S NOT BEFORE YOU TODAY.
YEAH, ORIGINALLY, ORIGINALLY FROM MY UNDERSTANDING, AND I, I APOLOGIZE, UH, TRENT IS ON THE, ON TRENTON IS ON THE APPLICATION.
IT'S GOT HELD, IT WASN'T OTHERWISE HE'D BE HERE.
UM, ORIGINALLY, UM, LIKELY WE MADE THE MISTAKE OF CALLING THAT A FRONT YARD.
INWOOD IS NOT A FRONT YARD, IT'S A SIDE YARD.
JUST LIKE A PERSON BEHIND ME WHO HAS A TALL FENCE BEHIND ME BEING FACES.
WHAT IS THAT? ROCK CLIFF? ROCK CLIFF.
THEY HAVE A TALL FENCE ON THAT ONE TOO.
YOU PROBABLY SAW A PICTURE OF THAT.
THEY DIDN'T NEED A SPECIAL EXCEPTION FOR THEIR FENCE BECAUSE IT'S A SIDE YARD.
WE DON'T HAVE, WE MAY BE ADDRESSED ON INWOOD CAN'T GO BY ADDRESSES.
IT, IT'S SOMEWHAT, SOMEWHAT LIKE THE PREVIOUS DISCUSSION.
HE SAID, THIS IS NOT THAT WEIRD OF A SHAPE OF A LOT WITH A LITTLE BITTY PIECE AND A LONG PIECE.
SO THAT, THAT'S THE REASON I WAS ASKING ABOUT THE FULL LENGTH OF INWOOD.
YEAH, NO, IT WAS MISTAKE CLEARLY SAYS IT WAS A MISTAKE.
REQUEST TO ADD ADDITIONAL HEIGHT TO AN EXISTING MASONRY WILL NOT EXCEED NINE FEET ALONG INWOOD ROAD AND NORTHWEST HIGHWAY.
INWOOD ROAD IS, IT SHOULD NOT.
I JUST SO YOU KNOW, WE DO READ WHAT WHAT PEOPLE SUBMIT AND, AND, AND BELIEVE ME IN OUR OFFICE, UM, THERE WILL BE DIFFERENT QUALITY CONTROL.
OH, I'M NOT WORRIED ABOUT THAT.
UM, HAVE YOU HEARD ANY FEEDBACK FROM ANYONE AS IT RELATES TO THE OPACITY ALONG NORTHWEST HIGHWAY OR INWOOD? NO, I, I DON'T BELIEVE ANYONE REALLY CARED ABOUT THAT.
IT'S OUR, LIKE I SAY, IT'S AN EXISTING BRICK WALL THAT IS VERY, OH, I CAN'T SAY THE WORD, BUT OPA, WE, WE ARE JUST, AND I DON'T WANNA SPEAK FOR THE BOARD, BUT I'LL SAY COLLECTIVELY WE ARE HESITANT ABOUT SOLID WALLS.
AND, AND ANY PLACE THAT IT ALWAYS GIVES OUR PAUSE ABOUT SOLID WALLS, THE COUNCIL AND THEIR DUE DILIGENCE CREATED THIS THRESHOLD BECAUSE I THINK THEY DON'T WANT SOLID WALLS, SO THERE'S A PLACE FOR IT.
BUT, SO I'M JUST ALWAYS ON AND I AGREE AND I, AND I HAVE TO SAY, THINK THAT NORTHWEST HIGHWAY WITH THE NOISE AND EVERYTHING ASSOCIATED WITH IT IS PROBABLY ONE OF THOSE PLACES THAT OUGHT TO HAVE, IF YOU LOOK LIKE, SAY IF YOU LOOK ACROSS INWOOD, THEY BASICALLY GOT A SOUND WALL BASICALLY THERE 12 FEET HIGH AND IT, IT LITERALLY, IF YOU WOULD THINK, YOU'D THINK IT WAS ON A FREEWAY FRONTAGE ROAD BECAUSE OF THE SIZE OF IT AND SHAPE OF IT.
SO THAT, THAT'S REALLY THE REASON FOR THE OPACITY.
IF, IF NOT, EVEN IF I WENT BACK FIVE FEET, I WOULD PROBABLY STILL PUT A SOLID WALL THERE, UH, JUST BECAUSE OF THE NOISE AND EVERYTHING INVOLVED WITH IT.
UM, WE'VE GOTTA HAVE SOME SORT OF NOISE BARRIER IN THAT AT NINE FEET THAT, THAT ACCOMPLISHED THAT.
AND, AND, AND AGAIN, IF WE WERE BUILDING A NEW WALL, I WOULD PROBABLY HAVE RECOMMENDED TO THE APPLICANT, THE OWNER TO SAY, HEY, DROP BACK FIVE FEET.
SO I DON'T HAVE TO ASK FOR THAT, BUT I'M ADDING TO THE EXISTING WALL, SO IT'S NOT WORTH NOT TRYING TO GET THAT SPECIAL EXCEPTION.
SO I'M JUST GONNA LOOK AT THE, THE, THE AND, AND FEEDBACK FROM SURROUNDING PROPERTY OWNERS IS IMPORTANT, BUT IT'S NOT CONTROLLING, UM, HAVE NO OBJECTION TO THE VARIANCE, BUT WE OPPOSE SUCH A LARGE DEVIATION FROM THE FENCE HEIGHT RESTRICTIONS ON INWARD ROAD.
THIS IS JUST A NEIGHBOR CONCERNED ABOUT THAT.
NOW IS INWARD FOUR LANES DIVIDED OR SIX LANES DIVIDED? I THINK IT'S SIX, I THINK IT'S THREE EACH DIRECTION.
AND IT'S NOT DIVIDED, IS IT FOUR? FOUR? IT IS DIVIDED, YOU'RE RIGHT.
IT IS DIVIDED IT, UH, IF YOU GO FURTHER UP, IT'S NOT A, YEAH, OKAY.
[01:20:01]
UM, ALL RIGHT.WE, WE WANNA HEAR FROM MR. LONG
SO THAT, WOULD YOU SWEAR HIM IN PLEASE? HE SIGNED UP.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME, ADDRESS YOUR NAME AND ADDRESS, PLEASE.
I'M STEVE LONG, AND TODAY I'M, UM, STEVE LONG AT 2201 MAIN STREET.
AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT THIS IN NORTHWEST HIGHWAY BOARD OF ADJUSTMENT.
ANY QUESTIONS? MS. HAYDEN HAS A QUESTION.
SEE, I KNEW WE HAD A QUESTION, SO, UM, I KNOW I, I HEARD THAT, UM, YOU KNOW, INWOOD IS FOUR LANE DIVIDED, BUT I'M ASSUMING AT THE INTERSECTION THERE ARE SOME TURN LANES, SO LEFT TURN LANES, SO MAYBE IT'S MUCH WIDER THERE.
UM, SO WHERE THOSE TURN LANES ARE, YOU HAVE A PRETTY WIDE EXPANSIVE PAVEMENT, WHICH IS WHERE YOU'RE REQUESTING THE HEIGHT VARIANCE ON THE, ON THE INWOOD, THE WRAPAROUND OR WHATEVER YOU CALL IT.
WELL, WHAT WE MEAN IS THAT, UM, THERE'S ONE FRONT YARD ON THIS PROPERTY AND THE FRONT YARD, THE 40 FOOT FRONT YARD SETBACK ON THIS CORNER PROPERTY IS ON INWOOD ROAD.
IF YOU CAN ALMOST PICTURE THIS CORNER PROPERTY WITH A 40 FOOT DEEP BAND ACROSS NORTHWEST HIGHWAY, THAT'S THE 40 FOOT FRONT YARD SETBACK THAT HAS LIMITATIONS TO SAY NO FENCE TALLER THAN FOUR FEET, AND THAT 40 FOOT BAND PARALLEL TO THE PROPERTY LINE ON NORTHWEST HIGHWAY, I THINK WE'VE GOT REASON TO BELIEVE THAT THAT FENCE THAT'S THERE NOW ON NORTHWEST HIGHWAYS ON THE PL, IT ACTUALLY PREDATED THE ORDINANCE PROVISION TO THE FENCE REGULATIONS WHERE WE DIDN'T HAVE A FENCE REGULATION THAT SAYS THAT FENCES LESS THAN 50% OPEN MUST BE LESS, NO LESS, NO CLOSER THAN FIVE FEET FROM THE FRONT LOT LINE.
THAT'S RELATIVELY NEW TO A PERSON MY AGE.
ANYWAY, I THINK THAT THOSE EXTRA THINGS ADDED TO THE FENCE REGULATIONS WERE WITHIN THE LAST 10 YEARS.
THAT EXISTING WALL ON NORTHWEST HIGHWAY PREDATES THAT EXTRA SEASONING THAT THE COUNCIL DID TO THE FENCE REGULATIONS.
UM, I THINK THAT WAS PROBABLY AROUND 2015 THAT WE ADDED EXTRA THINGS TO FENCE REGULATIONS THAT SAID, HEY, NO FENCE LESS THAN 50% OPEN, LESS THAN FIVE FEET FROM THE FRONT LOT LINE.
THAT OLD FENCE ON NORTHWEST HIGHWAY, UM, ACTUALLY THAT WE ACTUALLY WANNA ADD TO ACTUALLY PREDATED THAT EXTRA REGULATION AND DEFENSE REGULATIONS.
UM, SO THE, THE SECTION OF THE FENCE THAT GOES BACK FROM NORTHWEST HIGHWAY, THAT'S ABOUT 40 FEET? YEAH, THE AROUND 40 FEET, 50.
IT'S IF THE EXISTING FENCE IS ON THE PROPERTY LINE, THEN THE FIRST, THE, THE PARALLEL, THE INWOOD FENCE 40 FEET FROM THE FRONT PROPERTY ON NORTHWEST HIGHWAY IS PART OF YOUR, THE EQUATION TO THAT.
AND THEN IF, IF, IF WE WERE TO APPROVE THIS AND YOU HAD YOUR VARIANCE FOR THAT 40 FEET, THEN ARE YOU GONNA ALSO THEN REQUEST A VARIANCE FOR THE REMAINDER OF THE PROPERTY ON INWOOD ROAD? NO, BECAUSE ONCE THE, ONCE YOU HIT PAT, ONCE YOU GET SOUTH 40 FEET SOUTH OF THE FRONT PROPERTY ON A NORTHWEST HIGHWAY, THAT INWOOD ROAD FRONTAGE IS A SIDE YARD AND WE CAN HAVE A NINTH, AND THIS PROPERTY OWNER CAN HAVE A NINE FOOT HIGH FENCE AND THE SIDE YARD SETBACK.
IS STAFFING AGREEMENT THAT THE INWOOD ROAD PORTION IS NOT, DOES NOT REQUIRE A VARIANCE GIVEN THAT IT'S CONSTRUED AS A SIDE YARD AFTER THE 40 FOOT BUILD LINE OR YES.
IT WOULD NOT REQUIRE THE SPECIAL EXCEPTION FOR THE FENCE ITEM.
JUST PROVING YOU UP, I WANNA MAKE SURE WE ALIGN OUR PROFESSIONAL STAFF.
ANY OTHER QUESTIONS ON THIS? THANK YOU VERY MUCH MR. LONG.
ANY OTHER SPEAKERS FOR THIS CASE, MS. WILLIAMS OR THAT IT NO OTHER SPEAKERS.
THE CHAIR WOULD ENTERTAIN A MOTION.
OKAY, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH 0 83 ON APPLICATION OF TRENTON ROBERTSON, UH, ROBERTSON GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE NINE FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED, IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
[01:25:01]
WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE CASE OF BBDA 2 2 3 0 83.MS. DAVIS HAS MOVED TO GRANT THE REQUEST FOR A NINE FOOT SPECIAL, SPECIAL EXCEPTION.
IT'S BEEN SECONDED BY MR. NARY, MS. DAVIS.
UH, I MADE THE MOTION AND I'M SUPPORTING THE MOTION BECAUSE I, I, I DON'T HAVE ANY ISSUE WITH INCREASING THAT HEIGHT ALONG THE HIGHWAY.
COMPLETELY UNDERSTAND THAT AND WHAT'S NOT, UM, FOR US TO REVIEW BESIDES THE, THE, THE, UM, THAT WRAPAROUND.
SO I'M NOT CONCERNED ABOUT THAT, AND I DO APPRECIATE THE FACT THAT YOU'RE ADDING ONTO THIS FENCE INSTEAD OF TEARING IT DOWN AND BUILDING A NEW ONE.
TO ME THAT'S JUST VERY WASTEFUL AND I'M NOT AN ENVIRONMENTALIST, BUT IF WE CAN PREVENT WASTE, I THINK THAT'S A GOOD THING FOR EVERYBODY.
SO THAT'S WHY I'M SUPPORTING THIS MOTION.
MR. NARY? UM, YEAH, AS THE CHAIRMAN AND THE PANEL KNOWS, I REALLY DO NOT LIKE SOLID FENCES.
HOWEVER, I DO THINK THEY ARE WARRANTED IN FOR PROPERTIES ALONG MAJOR THOROUGHFARES, UH, NORTHWEST HIGHWAY AND INWOOD ROAD IS AN EXTREMELY BUSY INTERSECTION THROUGHOUT THE DAY.
I, I LIVE ABOUT A MILE WEST JUST OVER NEAR MIDWAY, SO I'M VERY FAMILIAR WITH IT.
UM, AND I DO THINK IT'S WARRANTED IN THIS CASE JUST DUE TO THE TRAFFIC AND THE, THE VOLUME OF TRAFFIC IN THE AREA.
SO THAT'S THE REASON WHY I SECONDED THE MOTION.
DISCUSSION ON THE MOTION, MOTION ON THE TABLE BD 8 2 2 3 0 8 3 IS TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION NINE FOOT, UH, HEIGHT HEARING.
NO OTHER DISCUSSION WILL CALL FOR A VOTE.
MOTION PASSES FIVE TO ZERO BDA A 2 2 3 0 83.
THE BOARD APPROVED UNANIMOUSLY FIVE TO ZERO, THE REQUEST FOR A NINE FOOT EYE SPECIAL EXCEPTION, SECOND MOTION.
UH, MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA UH, 2 2 3 DASH 0 8 3 ON APPLICATION OF TRENTON ROBERTSON GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FENCE WITH, UM, WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS, LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES AND THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, 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.
IT'S BEEN MOVED BY MS. DAVIS IN 2 2 3 DASH 0 8 3 TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SERVICE AREA.
IS THERE A SECOND? SECOND THEN SECONDED BY MR. NER, MS. DAVIS.
WE'LL SUPPORT IT BECAUSE YOU'RE TRYING TO MITIGATE THE SOUND AND THAT'S REALLY HARD TO DO IF YOU HAVE AN OPEN FENCE.
SO I UNDERSTAND THE NEED, UM, TO HAVE IT CLOSED.
MR. NERI? UM, AS I STATED WITH THE EARLIER MOTION, UM, GENERALLY I'M INCLINED TO NOT SUPPORT, UH, SOLID FENCES, BUT I DO THINK ON THE PERIPHERY OF EXTREMELY BUSY TRAFFIC PATTERNS AND STUFF, THEY ARE WARRANTED.
SO IN THIS CASE, I'M, UH, VOTING IN FAVOR.
ANY OTHER DISCUSSION ON THE MOTION? BDA 2 2 3 DASH 0 8 3.
THE MOTION PENDING IS TO GRANT A SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SERVICE AREA.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 23 DASH 0 83.
THE BOARD UNANIMOUSLY GRANTS THE REQUEST FOR A SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SERVICE AREA.
NEXT ITEM ON OUR AGENDA, BDA TWO 12 DASH 0 7 8 BDA TWO 12 DASH 0 7 8.
THIS IS AT 5 5 2 6 EAST RL THORNTON FOOT FREEWAY IS THE APPLICANT PRESENT.
PLEASE COME FORWARD IF YOU WOULD GIVE US YOUR NAME AND AN ADDRESS AND THEN OUR BOARD SECRETARY WOULD SWEAR YOU IN.
1414 BELLEVUE STREET, SUITE ONE 50, DALLAS, TEXAS 7 5 2 1 5.
[01:30:01]
MS. BOARD SECRETARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.I'M HERE REPRESENTING THE PROPERTY OWNER.
I'VE ONLY BEEN INVOLVED IN THIS CASE FOR A FEW WEEKS AND, UM, WE WOULD LIKE TO ASK FOR A POSTPONEMENT.
WE SAW SOME OF THE STAFF COMMENTS AND I'VE HAD SOME IN-DEPTH CONVERSATION WITH STAFF ON OUR APPLICATION.
WE JUST NEED SOME TIME TO GET THE PLANS TURNED AROUND.
WE ARE IN THE PROCESS, BUT WE JUST DIDN'T MAKE IT IN TIME TO GET IT IN FRONT OF YOU TODAY.
UH, THANK YOU FOR YOUR COMMENTS.
AS YOU MAY HAVE HEARD THIS MORNING, I DON'T PERSONALLY, I'M JUST ONE VOTE, BUT I DON'T TAKE KINDLY TO MORE THAN ONE POSTPONEMENT BECAUSE I WANNA MAKE SURE THAT, THAT THE PUBLIC SURROUNDING PROPERTY OWNERS ARE FAIRLY INFORMED AND CAN PARTICIPATE IN THE PROCESS.
SO ON THE RECORD, I'M IF, IF WE DO GRANT THIS POSTPONEMENT TO JANUARY 16TH AT YOUR REQUEST, WE WILL HEAR IT AND, AND DECIDE ON THE 16TH.
UH, UM, THE CHAIRMAN ENTERTAIN A MOTION.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA TWO 12 DASH 78 HOLD THIS MATTER UNDER ADVISEMENT UNTIL JANUARY 16TH, 2024.
IT'S BEEN MOVED IN BDA TWO 12 DASH SEVEN EIGHT TO HOLD, UM, IT UNDER ADVISEMENT UNTIL JANUARY 16TH, 2024.
UM, AT THE REQUEST OF THE APPLICANT.
IS THERE A SECOND? I'LL SECOND.
SECONDED BY MS. UM, HAYDEN, ANY DISCUSSION ON THE MOTION AGAIN? UH, YOU'VE BEEN SO NOTIFIED WE'RE DOING THIS AT YOUR REQUEST.
WE'LL DO IT ONE TIME, NOT MORE.
UH, THIS WILL HOPE THIS WILL POSTPONE ALL THREE OF THE, THE PENDING REQUESTS.
DISCUSSION, HEARING NO DISCUSSION.
GO AHEAD AND CALL FOR THE VOTE PLEASE.
MOTION PASSES FIVE TO ZERO, UH, IN THE MATTER BDA 2 12 0 7 8.
UH, THE BOARD, UH, APPROVED UNANIMOUSLY FIVE TO ZERO TO HOLD THIS MATTER UNDER ADVISEMENT MR. JANUARY 16TH, 2024.
GIVE ME ONE SECOND TO REORGANIZED HERE.
OKAY, NEXT ITEM OF OUR AGENDA IS BDA 2 2 3 DASH 0 9 6 BDA, 2 2 3 DASH 0 9 6.
THIS IS AT 4 5 1 15 HARRY'S LANE IS THE APPLICANT HERE.
UM, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
6 6 2 7 CLUBHOUSE CIRCLE, DALLAS, TEXAS 7 5 2 4 0.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UM, OUR RULES STATE THAT, UM, THE APPLICANT GETS FIVE MINUTES.
I WANNA MAKE SURE YOU HAVE AN OPPORTUNITY TO PRESENT.
ANYTIME I GIVE YOU, I GIVE TO ANYONE AND EVERYONE ELSE.
UH, AND THEN AFTER THE END, IF THEY'RE, YOU ARE GIVEN THE OPPORTUNITY TO HAVE A REBUTTAL, UH, MS. BOARD SECRETARY, DO WE HAVE OTHER SPEAKERS FOR 2 2 3 0 9 6? WE HAVE ONE MORE IN SUPPORT AND WE HAVE FOUR IN OPPOSITION.
SO WE HAVE TWO SPEAKING IN SUPPORT AND FOUR SPEAKING IN OPPOSITION.
AGAIN, ANYTIME THAT I GIVE YOU AS THE APPLICANT, I WILL GIVE EQUAL TIME TO THE, THE OTHER SPEAKERS.
AND THEN AT THE END OF THE, OF THE PUBLIC HEARING PORTION, YOU'LL HAVE A FIVE MINUTE, UH, REBUTTAL.
SO THAT, HOLD THAT ONE SECOND.
UH, AS I SAID THIS MORNING AND AS I'LL DO AGAIN, WE ARE IN RECIPIENT OF, UH, EMAILS FOR AND AGAINST, IT WAS CIRCULATED AT THE BRIEFING.
I WILL DO THAT AGAIN TO THE, TO THE PANEL MEMBERS SO THAT THEY'RE ABLE TO READ AT THEIR LEISURE WHILE YOU'RE TALKING, SO
[01:35:01]
FORTH.SO IT'S ALL PUBLIC, IT'S ALL PART OF THE PUBLIC RECORD TOO.
UM, SO ON THE, THE, UM, I'M GONNA SPEAK TO BASICALLY THE GENERAL DESIGN.
I'M ACTUALLY THE BUILDER OF THE ORIGINAL BUILDER OF THE HOUSE THAT WAS BUILT IN 17 AND 18.
UH, IT WAS RECENTLY PURCHASED THIS SUMMER BY SHANE ELIZABETH LEWIS.
AND SO THEY CONTACTED ME TO DO SOME GENERAL JUST, UH, INTERNAL UPGRADES TO THE HOUSE, PAINTING, REMODELING.
UM, THEY ALSO WANTED TO ADD FOR SECURITY PURPOSES A FENCE ON THE FRONT OF THE PROPERTY.
UH, THERE IS CURRENTLY ALREADY AN EXISTING FENCE PAST THE BUILD LINE THAT WAS EXISTING THAT HAS, UM, UH, COLUMNS OF THIS NATURE THAT WE WERE MATCHING FROM THE ORIGINAL.
THAT WAS ALL PART OF THE APPROVED PLAN WHEN THE HOUSE WAS BUILT.
SO WE TOOK THAT AND BASICALLY IN DESIGNING THE FENCE, WE HAVE, YOU CAN SEE ON HERE, WE HAVE NOTED WHERE THE 40 FOOT SETBACK IS, WHICH IS A DOTTED LINE GOING ACROSS.
UM, SO ANYTHING WE'RE ONLY DISCUSSING TODAY TO OTHER POINTS, ANYTHING IN THE FORWARD SECTION OF THAT? UM, I BELIEVE, UH, YOU PROBABLY SAW IN YOUR BRIEFING SOME, UH, NEIGHBOR FENCES AND THINGS THAT WE DID BEFORE WE EVEN DESIGNED THIS FENCE.
WE DROVE THE ENTIRE NEIGHBORHOOD MAIN, AND I SAY ENTIRE MAINLY WE WENT TWO BLOCKS TO THE, UM, EAST, TWO BLOCKS NORTH AND TWO BLOCKS SOUTH IN ORDER TO GET EVERYTHING, ALL THE IMMEDIATE NEIGHBORS IF YOU WILL.
WE TOOK PICTURES, WE LOOKED AT IT.
WE ACTUALLY, A LOT OF THEM, UM, PER THE PICTURES WE'VE WE SENT TO YOU GUYS HAVE A LOT OF BRICK ON 'EM, EVEN IF IT'S ONLY 50% HIGH.
AND THEN IRON, WE VERY IN, IN TRYING TO BE IN KEEPING TO THE NEIGHBORHOOD.
WE VERY, VERY PURPOSELY DESIGNED THIS WHERE THE COLUMNS ARE SOLID TO MATCH THE EXISTING HOUSE AND WE'RE NOT DOING ANY BASE MATERIAL ALONG THE MAIN FENCE PANELS.
WE'RE ONLY DOING THE, UM, IRON OPEN.
SO IT JUST IS MORE OPEN TO THE NEIGHBORHOOD.
I KNOW THAT'S ONE OF THE CONCERNS IN GENERAL OF NEIGHBORS IS KIND OF THE, YOU KNOW, OPENNESS AND FEELING.
AND SO IN ORDER TO ADDRESS THAT CONCERN, WE PURPOSELY WE'RE GONNA LANDSCAPE THE LOWER SECTIONS AND REALLY LEAVE IT MORE OPEN ASSUMING WE HAVE THE HEIGHT FOR SECURITY PURPOSES.
UM, WE, AS YOU CAN SEE ON THE DRIVE, THERE IS ONLY ONE DRIVEWAY.
THERE'S NOT A CIRCLE DRIVE THAT'S ON THE LEFT SIDE THAT IS THE EXISTING THAT WAS BUILT BACK ORIGINALLY.
AND THEN THERE IS AN EXISTING, UM, SIDEWALK THAT IS WHERE WE'LL HAVE THE PEDESTRIAN GATE.
WE PURPOSELY, WE HAVE THE, THE 20 FOOT VISIBILITY TRIANGLE THAT WAS CONSIDERED AND IS SHOWN HERE FOR THE DRIVE AND PURPOSELY BROUGHT THAT GATE SECTION BACK TO THAT AREA IN ORDER FOR THAT TO BE CONSIDERED.
AND THEN FOR GENERAL VISIBILITY AND DESIGN, WE JUST MEANING THAT THERE IS NO VI VISIBILITY TRIANGLE VIOLATION, CORRECT? YES SIR.
THE ONLY THING THAT WE ARE ADDRESSING TODAY, FROM MY UNDERSTANDING AT ALL IS THE FENCE HEIGHT IN THE FORWARD, UM, OF THE BUILD LINE.
IN ADDITION, SOMETHING THAT'S REALLY IMPORTANT TO NOTE ON THIS, WE ARE NOT ASKING FOR A SOLID SEVEN FOOT WALL.
THE, ON THE, THERE'S A FOUR COLUMNS ONLY.
AND I KNOW ONE OF THE VERY, THE STA STANDARDS OR WHAT IS TYPICAL OF THE NEIGHBORHOOD FROM, AND YOU CAN SEE THAT FROM THE PICTURES WE PRESENTED, IS WHETHER THE FENCE AND THE COLUMNS ARE 5, 6, 7 FOOT WHATEVER, THE COLUMNS AT THE GATES, BOTH PEDESTRIAN AND THE DRIVE GATES ARE MUCH HIGHER THAN THE REST OF THE FENCE.
IT'S A VERY STANDARD IN ALL FOR ALL THE HOMES IN THE NEIGHBORHOOD.
AND SO THE, THERE'S LITERALLY OUR SEVEN FOOT REQUESTS.
SO, YOU KNOW, STAFF OBVIOUSLY TAUGHT ME TO BE SURE THAT I WAS DOING THE MAXIMUM THAT WE WERE ASKING FOR ABOVE THE FOUR FOOT.
AND SO THAT'S WHY IT'S LISTED AS SEVEN.
IT'S ONLY FOUR COLUMNS THAT ARE SEVEN.
THE REST OF ALL THE COLUMNS ARE SIX AND A HALF.
AND THE FENCE IS GONNA BE BELOW THAT SOMEWHERE BETWEEN FIVE AND A HALF AND SIX FEET TALL.
SO WE'RE, THERE'S NO, YOU KNOW, EIGHT FOOT ACROSS THE FRONT, IT'S NOT SOLID, IT NONE OF THAT.
THIS IS ONLY JUST THAT FRONT SECTION AND THE COLUMNS ARE THE ONLY THINGS THAT ARE A LITTLE BIT HIGHER AND AGAIN, ONLY FOUR OR SEVEN.
WHAT WE DID HERE IS, IS THIS IS A RENDERING OF THE EXISTING HOUSE TO SCALE WITH THE FENCE AS SHOWN BOTH WITH THE SEVEN FOOT AT THE, AT THE DRIVE GATE ON THE LEFT THAT GOES TO THE PORT RICOCHET AS WELL AS AT THE FRONT ENTRANCE.
AND IT'S SHOWN RELATIVE TO THE SCALE OF THE HOUSE.
SO YOU UNDERSTAND THAT WE'RE NOT BUILT, YOU KNOW, I ABSOLUTELY KNOW I'VE SPOKEN TO EVERY NEIGHBOR WHO WAS WILLING TO SPEAK TO US IN ORDER TO TRY TO HEAR ANY OPPOSITION AND DISCUSS IT.
I UNDERSTAND THAT THERE ARE A LOT OF THE NEIGHBORS HAVE BEEN UPSET ABOUT A COUPLE OF HOUSES THAT EITHER BUILT WITHOUT ASKING OR GOT BIG, HUGE, SOLID WALLS AROUND AND THAT THEY DIDN'T, DON'T WANT THAT.
WE TOTALLY AGREE AND THAT'S NOT WHAT WE'RE PROPOSING.
AND SO THIS JUST GIVES A GOOD REFERENCE TO SHOW THE HEIGHTS OF THE FENCE COMPARED TO THE HOUSE.
AND IT IS STILL MEANT TO BE VERY, VERY OPEN AND AIRY AND,
[01:40:01]
YOU KNOW, WELCOMING TO PEOPLE ET CETERA FOR THE NEIGHBORHOOD AND IS COMMISERATE WITH THE GENERAL FEEL OF ALL OFFENSES THAT ARE EXISTING RIGHT NOW IN THAT NEIGHBORHOOD.UM, TO TALK TO DESIGN FOR A SECOND, I MEAN WITH YOUR FOUR CRITERIA, THAT IS LITERALLY WHAT WE WENT ABOUT TO, UH, DESIGN THIS WHOLE PROPERTY THERE.
AS FAR AS COMPATIBILITY WITH THE CHARACTER OF THE NEIGHBORHOOD, OUR FENCE IS DESIGNED ALMOST EXACTLY LIKE EVERY OTHER FENCE IN THE AREA.
THE MATERIALS ARE THE SAME AND ACTUALLY EVEN MORE OPEN THAN MANY OF THE FENCES THAT ARE EXISTING.
I'LL SHOW YOU ANOTHER COUPLE OF SLIDES.
UM, THIS IS THE STANDARD NOW FOR THE NEIGHBORHOOD, SO I DON'T BELIEVE IT AFFECTS THE VALUE.
UM, AND THE SUITABILITY AND SIZE IS COMMISERATE AGAIN WITH EVERYTHING.
THIS JUST GIVES YOU A, YOU KNOW, MORE OF A CLOSEUP OF THE GENERAL IDEA OF THAT FENCE AND HOW IT'S MEANT TO BE OPEN AND AIRY AND NOT FULL OF BRICK.
SO WE WENT AROUND, AS YOU SAW THE SPECIFICS PROBABLY IN THE BRIEFING.
WE WENT AND DROVE AGAIN TO NORTH, TO EAST AND TO SOUTH, UH, TO THE SURROUNDING NEIGHBORHOODS AND MEASURED HAND MEASURED EVERY FENCE TO SEE WHAT THEY WERE.
AND THIS IS A LIST OF THOSE THAT HAS THE HEIGHTS OF EACH ONE.
ONLY ONE HOW I MEAN, SORRY, NOT ONE HOUSE, ONLY ONE WAS EVEN IN THE FOUR FOOT AREA, IT WAS FOUR FOOT, SIX INCH, I BELIEVE FOUR FOUR.
EVERY OTHER HOUSE, THERE IS NOT ONE THAT MEETS CODE CURRENTLY, HONESTLY.
UM, AND THIS HAS THE EXACT, THE, THE HEIGHT OF EACH OF THOSE THAT WERE MEASURED AT THE TIME.
WE THEN TOOK ALL OF THOSE, THE, THIS IS A LISTING OF ALL OF THE, UM, HOUSES THAT WERE GIVEN TO YOU IN YOUR BRIEFING.
AND THE FENCE IN HEIGHT, THE LOWEST EVER, IT WAS FOUR, FOUR AND A HALF.
THE HIGHEST WE COULD FIND WAS EIGHT, NINE.
AND IF YOU SCROLL DOWN, JUST BARELY, YOU CAN SEE THAT THE AVERAGE OF EVERYTHING IS SEVEN.
SO WE'RE ACTUALLY ONLY ON OUR FOUR COLUMNS ARE ASKING FOR THE AVERAGE, BUT THE REST OF EVERYTHING IS GONNA BE BELOW AVERAGE FOR THE ENTIRE NEIGHBORHOOD IN EVERY FENCE THERE 30, IT ENDED UP BEING 36% OF THESE HOMES IN THE IMMEDIATE TWO BLOCK AREA HAVE FRONT FENCES.
SO IT'S NOT, IT'S NOT OVER 50%, BUT IT WAS LITERALLY 36% OF THESE HOMES HAD FENCES AND 100% OF THEM WERE OVER FOUR FEET.
I UNDERSTAND THERE IS SOME OPPOSITION AND I GET THAT, AND TO YOUR POINT, THAT IS NOT THE, THE CONTROLLING, UM, STANDARD, BUT WE HONESTLY, WE REACHED OUT TO NEIGHBORS, THE OWNER WHO IS PRESENT TODAY AND HAPPY TO SPEAK.
UM, WE SENT LETTERS TO THE IMMEDIATE NEIGHBORS.
WE WERE CON WE HAVE NOT BEEN, HE WAS NEVER CONTACTED BY ANYONE.
SOME OF THE NEIGHBORS INITIALLY AGREED.
UM, THIS IS A NOTING OF THE ONES THAT SO FAR HAVE AGREED.
I DON'T UNDERSTAND WHY NO ONE HONESTLY CONTACTED US TO TRY TO DISCUSS IT.
THE FEW THAT I SPOKE WITH THAT ARE ON KIND OF THE, THE BOARD IN THE AREA, LIKE THE HOMEOWNERS, IT'S NOT A HOMEOWNER'S ASSOCIATION, BUT YOU KNOW, THE NEIGHBORHOOD TYPE GROUP.
UM, WHEN THEY TOLD ME THAT SOME PEOPLE WERE IN OPPOSITION, I WAS VERY CLEAR WITH THEM THAT I WOULD LOVE TO MEET WITH THEM.
I WOULD SIT DOWN, WE COULD MAKE SURE THAT I COULD SHOW THEM THE PLANS TO KNOW WHAT WE ARE WE'RE PLANNING AND THAT IT WAS COMMISERATE WITH THE NEIGHBORHOOD AND NO ONE EVER CONTACTED ME AT ANY TIME.
THIS IS ALSO JUST WAS INTERESTING, UM, THANKS TO THE HARD WORK OF MANY OTHERS AND, AND YOUR STAFF.
UM, FROM PREVIOUS BOAS WE ACTUALLY PULLED BACK AND IN THE, AGAIN, THE NEAR IMMEDIATE NEIGHBORHOOD PULLED ALL OF THE PREVIOUS, UM, BOA REQUESTS SPECIFICALLY FOR PINSIGHT EXEMPTION.
AND I UNDERSTAND IT DOES NOT SUPPRESS IT.
UM, AND I'M NOT SPEAKING TO PRECEDENT, BUT JUST TO WHAT THIS HAS BEEN THE, THE, UM, I GUESS OPINION OF YOUR ESTEEMED COLLEAGUES AND YOURSELF IN PAST, AND THAT IS EVERY SINGLE ONE I COULD FIND WAS GRANTED.
AND THIS WAS BASED ON JUST THE IMMEDIATE FEW, UH, STREETS.
SO THIS LIST ACTUALLY THE BOEA NUMBERS, THE ADDRESS AND EVERYTHING.
AND IF I COULD FIND THEM IN THE MINUTES, I WENT BACK TO THE MINUTES TO LITERALLY TRY TO FIND THE EXACT INFORMATION TO WHAT THE HEIGHT WAS.
OR IF WE KNEW HAD THE ADDRESS FROM THE MEASURE, I WASN'T ABLE TO GET 'EM ALL.
BUT, UM, EVERY B EVERY BOA EXEMPTION, UM, HAD BEEN SO I FELT LIKE AT LEAST IT WAS AGAIN, MUCH LIKE MEASURING THE FENCES, IT WAS A STANDARD AND IT MET THE FOUR CRITERIA AS FAR AS NEIGHBORHOOD VALUE, CONSTRUCTION MATERIALS, ALL OF THOSE.
UM, SO BASICALLY YOU TOOK NINE MINUTES, SO I THINK WE'RE GONNA UH, UH, SORRY.
[01:45:01]
I'M NOT GIVING YOU ANY GRIEF.I JUST WANNA MAKE SURE I FAIR TO EVERYONE ON TIME.
UM, UH, I'M GONNA MAKE A COUPLE COMMENTS AND THEN I'LL GO AROUND FOR, UM, ANY OTHER QUESTIONS THAT WE HAVE AND THEN WE'LL TAKE THE OTHER SPEAKERS.
UM, FIRST OF ALL, BE BE BE CLEAR, THE ONLY ONE CRITERIA WE HAVE FOR FENCE SPECIAL EXCEPTIONS IS THAT WILL NOT BE ADVERSELY AFFECT NEIGHBORING PROPERTIES.
THE MATERIALS, THE CHARACTER IS NOT PART OF THAT WAS WHAT YOU HEARD AND THAT WAS TO THE CARPORT.
THAT HAS THOSE FULL FOUR CALLOUTS.
OUR CRITERIA IS A SPECIAL EXCEPTION TO DEFENSE REGULATIONS WHEN AN OPINION OF THE BOARD, THE SPECIAL EXCEPTION, WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AND YOU ARE CORRECT, THE FEEDBACK FROM NEIGHBORS IS NOT CONTROLLING.
IT INFLUENCES OUR DECISION, BUT IT'S NOT CONTROLLING.
I JUST WANTED THE CLARIFICATION FOR THAT.
SO A BRIEF QUESTIONS THAT WE HAVE FOR THE APPLICANT, MS. DAVIS.
UM, A AGAIN, WHAT WE'RE GONNA DO, I'M SORRY.
MM-HMM,
AND THIS IS NOT PART OF YOUR, YOU'VE ALREADY DONE YOUR TIME.
AND THEN WE'LL GO TO THE SECOND, UH, S SPEAKER FOR SUPPORT AND THEN THOSE FOUR IN OPPOSITION, AND THEN YOU'LL HAVE A FIVE MINUTE REBUTTAL TIME AT THE END BEFORE WE CLOSE THE PUBLIC HEARING.
FIRST, I, I, I REALLY APPRECIATE THE THOROUGHNESS WITH THIS.
I, I DID NOTICE THAT YOU TOOK THE MEASUREMENT FROM THE, THE HIGHEST AREA, WHICH I GET.
UM, I WOULD'VE LIKED TO SEE MAYBE THE METAL FENCE ALONG WITH THAT, BUT AS I LOOKED AT THE PHOTOS, I MEAN, I, I CAN SEE, YOU KNOW, WHERE THE, THE, UH, PEDESTALS ARE AND I CAN SEE WHERE THE FENCE IS.
BUT, SO THIS WAS, THIS WAS VERY SMART.
I'D RECOMMEND ANY, EVERYBODY DO SOMETHING LIKE THAT.
MY CONCERN IS THAT YOUR IMMEDIATE NEIGHBOR IS A NO, AND THAT YOU'VE GOT SOMEBODY CATTYCORNER TO YOU WHO IS A NO.
AND IT'S, IT'S A THREE FOOT ASK, NOT JUST A ONE FOOT OR TWO FOOT.
SO, UM, HA HAVE YOU, AND, AND I UNDERSTAND THAT YOU'VE REACHED OUT TO PEOPLE, YOU'VE INVITED THEM TO TALK TO YOU, AND I DON'T KNOW IF YOU KNEW THAT SPECIFICALLY THOSE TWO, YOU KNOW, CAT A CORNER AND RIGHT NEXT TO YOU IF YOU'RE IN THE HOUSE, IT'D BE TO YOUR LEFT IF THEY OPPOSED.
BUT, UH, HAVE YOU HAD AN, AN OPPORTUNITY TO SPEAK WITH EITHER OF THEM? WELL, ACTUALLY ONE OF THEM IS HERE TODAY SPEAKING, AND ORIGINALLY HAD GIVEN HIS SUPPORT OF THIS FENCE TO THE HOMEOWNER.
SO WE, WE, HE WAS ACTUALLY TOLD, AND CAN SPEAK MORE SPECIFICALLY TO THIS, HIS WAS IN HIS HOME HAVING COFFEE WITH HIM AND WAS TOLD THAT HE HAD FULL AND COMPLETE SUPPORT AND THAT THE, UM, AND THAT HE WOULD EVEN HELP WITH THE OTHER NEIGHBORS.
IT WAS ONLY APPROXIMATELY A WEEK AGO THAT THAT MINE EVIDENTLY CHANGED.
AND, UM, MY UNDERSTANDING IS HE HAS BEEN UNKNOWING TO US BEHIND THE SCENES GARNERING NEGATIVE SUPPORT WITH THE UNDERSTANDING OF OURS IN THE BEGINNING THAT HE WAS IN SUPPORT OF THE FENCE.
SO WE WERE A BIT CONFUSED ON ALL OF THAT.
UM, WHILE THAT IS THE, IF YOU'RE IN TO THE LEFT, WE ALSO ACROSS THE STREET AND ONE OVER HAVE THE SUPPORT OF THOSE AS WELL.
AND I, I UNDERSTAND THAT, BUT THAT, THAT'S CONCERNING TO ME.
AGAIN, IT'S NOT GOING TO, I DON'T KNOW WHERE I'M GOING WITH THIS YET.
AND I LOOK FORWARD TO HEARING FROM THE NEIGHBOR AND, AND UNDERSTANDING HIS OR HER CONCERNS ABOUT THAT.
BUT THAT, AND, YOU KNOW, THREE FOOT, THREE FEET IS A, A BIG ASK.
SO THOSE ARE THE TWO THINGS THAT I'M WEIGHING RIGHT NOW.
AND AGAIN, THE THREE, THE THREE FOOT SPECIFICALLY IS ONLY AT THOSE FOUR COLUMNS THAT ARE ON THE FRONT.
THEY ARE NOT NEXT TO HIM AT ALL.
OTHER QUESTIONS? MR. HOROWITZ, COULD YOU SPEAK A LITTLE TO WHY, I NOTICED IN THE, UH, PHOTOS THAT WERE PROVIDED THERE WERE THERE TO BE SEVERAL THAT ARE MEASURING THE HEIGHT OF MAILBOXES, WHAT THE RELEVANCE OF THAT IS TO YOUR REQUEST? UM, I, I DON'T REMEMBER IF THERE WAS A MAILBOX MEASURED, IT WAS PART OF A COLUMN OF THE FENCE OR IT WAS THE ONLY ITEM IN THE FRONT OF THE HOUSE.
NORMALLY WHAT WE DID, AND, AND HONESTLY TO SPEAK TO MS. DAVIS IS MY PART OF THE REASON I, I PROMISE I DID NOT GO, I GENERALLY LOOKED OUT TO SEE WHAT SEEMED LIKE THE HEIGHT AND OUR APPLICATION IS THE MAXIMUM HEIGHT.
SO I WAS PURPOSELY, YES, I'M TRYING TO PROVE OUR POINT, BUT I'M ALSO DOING WHAT WE'RE BEING ASKED TO AS FAR AS THE, THE MAX OF OUR PIPE REQUEST TODAY.
AND THAT'S WHY I MEASURED IN THAT FACT, IF THERE IS A MAILBOX, IT WAS EITHER PART OF THE FENCE OR PART OF THE FRONT ENTRANCE OR WHATEVER, THERE'S ONLY ONE HOUSE AT ALL THAT I KNOW THAT I CAN THINK OF.
AND I, IT IS ACTUALLY THE LOWEST ONE THAT WAS THERE THAT WA I BELIEVE, UM, THAT WAS THE MAILBOX ONLY THAT ANSWER YOUR QUESTION.
ONE QUICK QUESTION, THEN I'M GONNA GO MS. HAYDEN.
ALRIGHT, SO I'M, LOOK, I'M LOOKING AND SQUINTING, MAYBE I NEED MORE GLASSES, NEW GLASSES, BUT WE GET, WE GET THE BRIEFING FROM OUR STAFF A WEEK IN ADVANCE AND WE APPRECIATE THAT AND SO FORTH.
AND I'M LOOKING AT YOUR SCALE DRAWINGS ACROSS HERE AND I'M SQUINTING,
[01:50:01]
UM, THE, THE SEVEN FEET THAT YOU'RE ASKING, WHICH IS THREE FEET OVER THE CODE IS ONLY AT THE DRIVEWAY YES, SIR.WHAT IS THE HEIGHT ON THE BALANCE OF THE, THE FENCE REQUEST? SO, AND, AND ACTUALLY IF, UM, IF CAMIKA, CAN YOU BRING BACK UP THAT THE, UM, THE FRONT FENCE PICTURE? I BELIEVE IT'S A SLIDE YOU'RE TALKING ABOUT? WELL, REQUESTS ALWAYS, WE AL WE WE ALWAYS LOOK TO THE MAXIMUM NUMBER.
THAT DOESN'T PERMIT YOU TO DO THE NUMBERS ELSEWHERE.
SO, SO, UM, AND I'M KIND OF DOVETAILING MS. DAVIS'S COMMENT ABOUT THE THREE FOOT ASK, SO, BUT I'M TRYING TO GET, YEP.
IF ON, IF YOU SEE THE TWO, UH, THE TWO PORTAL WINDOWS TO THE LEFT, THAT'S THE DRIVEWAY.
UH, OKAY, I'M GOING FROM THE LEFT OVER.
SO THAT, LIKE ABOVE THE WORD FENCE RIGHT THERE? YES.
UHHUH
SO THOSE TWO COLUMNS ARE AT SEVEN FEET AND THAT AT THE FRONT ENTRANCE RIGHT THERE, THE TWO COL, THEY'RE KIND OF IN BEHIND THE, THE BUSHES A LITTLE BIT.
THE FRONT ENTRANCE TO THE FRONT DOOR, YES.
UH, YEAH, OF THE, BY THE FRONT DOOR.
IN THE, IN THE DEAD MIDDLE THAT THOSE TWO COLUMNS ONLY ARE ALSO AT SEVEN FEET.
EVERY OTHER COLUMN IS PLANNED TO BE AT SIX FOOT SIX.
AND THEN THE FENCE TOP ITSELF, WELL, BECAUSE YOU HAVE THE, BUT YOU HAVE TO GO TO THE TOP.
WELL, YOU'RE ASKING WHERE THE SEVEN WAS.
AND SO WHAT'S THE TOP OF THE COLUMN? THE TOP HEIGHT AT THE DRIVEWAY? SIX, SIX OR SEVEN? SEVEN AT THE DRIVEWAY.
SEVEN AT DR AND, AND AT THE FRONT ENTRANCE WAY? CORRECT.
ALRIGHT, SO WHAT ABOUT THE REST OF THE FENCE LINE? SIX FOOT SIX TO THE COLUMN.
AND FIVE FOOT SIX TO THE FENCE.
6.6 TO THE COLUMN AND 5.5 DID YOU SAY? OR 5 6, 5 POINT.
WELL, 5.5 OR FIVE FOOT SIX INCH.
SO THE, THE COLUMNS ADJACENT TO THE DRIVEWAY ARE SEVEN FOOT APIECE, THE TOP AND THE SAME THING WITH THE ENTRANCEWAY TO THE, WE'LL SAY THE FRONT DOOR SEVEN AND THEN THE BALANCE, AND THAT INCLUDES THE SIDES, BUT THE BALANCE ARE SIX FEET, SIX INCHES AT THE, AT THE CAP OF THE COLUMN AND FIVE FEET SIX INCH FOR THE, FOR THE FENCE.
THAT GIVES ME SOME SENSE OF SCALE.
SO A ALONG THAT, THAT'S MY SAME QUESTION
IT'S LEWIS PROPOSED V SIX AND IT SAYS TYPICAL FENCE PANEL DETAIL AND IT SHOWS A DIMENSION TO THE TOP OF THE IRON FENCE, UM, OR THE TYPICAL FENCE PANEL DETAIL OF SIX FEET.
SO I'M WONDERING WHY IT SAYS SIX FEET INSTEAD OF FIVE AND A HALF FEET.
GREAT QUESTION BECAUSE WE JUST, WHEN WE WERE GETTING THROUGH THE ESTIMATES AND WORKING, WE REALIZED THAT, AND THAT'S WHAT I WAS TRYING TO EXPLAIN A SECOND AGO IS FROM THE TOP OF THE COLUMN THERE'S A CASTSTONE CAP, WHICH IS ABOUT SIX INCHES, AND WE DON'T WANNA PUT THE FENCE RIGHT UP AGAINST THAT CASTSTONE CAP.
IT WOULDN'T LOOK VERY GOOD ARCHITECTURALLY.
SO THERE'S ABOUT A SIX INCH CAP AT THE TOP OF THE COLUMN, WHICH BRINGS THE BOTTOM OF THAT TO SIX.
SO THE FENCE ITSELF IS GONNA BE MORE, WE REALIZE IT FIVE AND A HALF.
SO I GUESS, YOU KNOW, WE HAVE TO GO OFF OF WHAT WAS SUBMITTED TO US ON THE SITE PLAN AND IF IT SHOWS SIX FEET THEN YOU KNOW, THAT'S JUST SOMETHING THAT WE HAVE TO CONSIDER.
AND TO BE HONEST, IW DID NOT, I MEAN, I WAS TAUGHT BY STAFF THAT THE ONLY THING OF CONSIDERATION WAS THE MAX.
SO I WAS, I WAS VERY CONCERNED TO MAKE SURE EVERYONE KNEW THAT WE WERE LOWERING A LOT OF IT.
BUT I NEED THE APPLICATION ITSELF WAS JUST REALLY FOR FOUR COLUMNS, YOU KNOW, AS FAR AS THAT MAX HEIGHT OBVIOUSLY.
OTHER QUESTIONS FOR THE APPLICANT AT THIS POINT IN TIME? ALRIGHT, THANK YOU SIR.
WHO'S OUR NEXT SPEAKER IN FAVOR?
MY NAME IS SHANE LEWIS AND I'M THE OWNER OF 45 15 HARRY'S LYNN? YES, SIR.
YOU GIVE US YOUR NAME, YOUR ADDRESS, AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
I GOTTA SAY THE SAME THING EVERY TIME.
HEY, I GOTTA BE FAIR EQUALLY TO EDWARDS.
PLEASE YOUR NAME AND ADDRESS AND THEN SHE'LL SWEAR YOU IN SHANE LEWIS.
ADDRESS 45 15 PERRYS LANE, DALLAS, TEXAS 7 5 2 2 9.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UH, SO I'M THE OWNER OF THE HOME, UH, AND AS, AS BEEN EXPLAINED, WE'RE SEEKING TO INSTALL A FENCE FOR GENERAL SECURITY PURPOSES.
UH, IT IS IMPORTANT IN KEEPING OUR FENCE OF LOOK AND FEEL THE HOUSE LOOK AND FEEL OF THE NEIGHBORHOOD.
UH, OBVIOUSLY WE'RE THE OWNERS, WE'RE LONG-TERM USERS OF THE HOUSE AND THE VALUE OF THE HOUSE.
SO THE NEIGHBORS AROUND ME IS NO LESS
[01:55:01]
IMPORTANT, UH, THAN THAN ANYONE, UH, IN THE AREA.AND SO THE FENCE, UH, DOES REFLECT FENCES THAT ARE ALREADY IN THE AREA.
THIS IS A SHORT CUL-DE-SAC STREET OR THIS LEG OF IT IS A CUL, A SHORT CUL-DE-SAC.
AND THE TWO HOMES AT THE FRONT OF THAT CUL-DE-SAC ALREADY HAVE ARE AT THE FRONT OF THAT STREET GOING INTO THE SHORT CUL-DE-SAC ALREADY HAVE SIMILAR FENCES, BUT EVEN LESS OPEN IN THAT THEY SET ON BRICK.
UH, THE FENCE THAT WE'RE PROPOSING IN AND OF ITSELF IS VERY COMMON TO THE AREA.
AND I UNDERSTAND IT'S NOT A PRECEDENT, BUT JUST IN, IN TERMS OF KEEPING WITH THE AREA, BECAUSE WHAT I'VE HEARD A LOT OF TODAY IS HOW, WHAT IS THE IMPACT ON IMMEDIATE NEIGHBOR VALUE? AND, AND, AND IF IT WAS, AND IF I WERE A NEIGHBOR, I WOULD, I WOULD BE THE EXACT SAME WAY.
UH, RIGHT? BECAUSE WE ALL HAVE SIGNIFICANT INVESTMENTS, UH, IN OUR HOMES.
AND SO WE CERTAINLY WANTED TO MAKE SURE THAT WE DID SOMETHING WITH THE PROJECT, UH, THAT WAS IN KEEPING VERY MUCH WITH THE AREA AND WOULD NOT LOOK OUT OF CHARACTER, UH, FOR THE AREA.
UM, ONE OF THE THINGS I DID DO, UH, BECAUSE I BELIEVE IT, IT WAS IMPORTANT.
OH, AND, AND JUST ON THAT, AND AS, UH, MR. COLE MENTIONED, WE DID TAKE VERY SPECIAL CARE WITH THE FENCE.
UH, EVEN THOUGH THERE ARE A LOT OF SOLID FENCES IN THE AREA, I'M THE SAME WAY.
THEY MAKE THE HOUSES KINDA LOOK LIKE FORTRESSES.
AND SO WE VERY INTENTIONALLY DIDN'T EVEN INCLUDE A, A WALL OR A FOOTER WALL OR, OR WHATEVER THEY CALL THOSE.
WE WANTED TO HAVE OPEN FENCING ALL THE WAY TO THE GROUND TO GIVE THE PROJECT A VERY, A VERY SEE-THROUGH A VERY OPEN FEEL, EVEN MORE SO THAN WHAT'S DONE IN MANY OTHER PLACES OF THE, OF THE NEIGHBORHOOD, BECAUSE I DO SEE THOSE DO SEEM TO BE A LITTLE BIT KIND OF CLOSED OFF LOOKING AND REALLY NOT ALWAYS KEEPING WITH THE LOOK AND FEEL AND OPENNESS OF THE AREA.
UH, BUT I DID, UH, WANT TO, BECAUSE THESE ARE MY NEIGHBORS AND THESE ARE PEOPLE NEXT TO ME, I DID WANT TO, UH, REACH OUT AND SEE WHAT THOUGHTS AND OPINIONS WERE.
AND, UH, AND MAYBE, MAYBE SINCE I WAS SPECIFICALLY HAVING THE CONVERSATION, I DID, UH, REACH OUT TO, UH, SOME OF THE OPPONENTS, UH, HERE TODAY.
I DID VISIT THEM AT THEIR HOME AND I, I, THE GENERAL SENSE IT CAME AWAY WITH WAS SORT OF AN EXPLANATION OF HERE'S KINDA WHAT WE'VE GOT IN MIND.
AND, AND I DIDN'T COME AWAY WITH ANY SENSE OF WE'RE ABSOLUTELY A HUNDRED PERCENT GOING TO JUMP BEHIND YOU ON THIS, BUT I, I LAID THE PROJECT OUT AND THIS WAS, YOU KNOW, A MONTH OR SO OR SIX WEEKS AGO.
WE'RE STILL IN THE PLANNING PHASE AND THE COSTING OUT PHASE.
SO I REALLY, REALLY WANT YOUR INPUT.
AND IF YOU HAVE INPUT OTHER THAN JUST A STRAIGHT UP YES OR NO, I WOULD LIKE TO GET THAT INPUT SO WE COULD GO BACK TO OUR CONTRACTORS AND DESIGN SOMETHING THAT MAYBE YOU WOULD BE HAPPY WITH THAT WILL WORK WITH YOU.
UM, I DID NOT GET ANY COMMENT.
I, I REACHED OUT A COUPLE TIMES BY TEXT AND DID NOT GET ANY FEEDBACK.
UH, I, I DROPPED A LETTER IN THEIR MAILBOX.
I REACHED OUT A COUPLE BY TEXTS, AGAIN, TRYING TO GET SOME FEEDBACK TO SAY, HEY, IF YOU'VE GOT SOMETHING, IF YOU WANTED A HALF A FOOT LOWER OR A HALF A FOOT HIGHER OR YOU WANT YOUR SIDE OF THE FENCE LANDSCAPED OR SOMETHING I CAN DO FOR YOU, JUST LET ME KNOW.
I MEAN, AND I TOLD 'EM ONE SIDE.
I SAID, I REALLY WANNA BE A GREAT NEIGHBOR.
AND EVEN A SECTION OF THE FENCE THAT'S BEHIND THE HOUSE THAT'S NOT SUBJECT TO THE APPLICATION TODAY, THAT'S FULL, THAT IS, UH, IN FULL CODE.
WELL, I HAD THE OPPORTUNITY TO MAKE THAT MUCH, MUCH BETTER AS SIGNIFICANT COST TO MYSELF, A SIX FIGURE COST TO MYSELF, BUT I DON'T EVEN HAVE TO DO.
AND I OFFERED, I SAID, I WILL DO THIS FOR YOU GUYS, IS THAT IT'S BETTER FOR YOUR DRAINAGE, IT'S BETTER FOR YOUR PROPERTY VALUE.
THIS IS A SIX-FIGURE ADJUSTMENT TO MAKE THIS, I DON'T HAVE TO DO IT.
NO ONE'S ASKING ME TO DO IT, BUT I WANT TO DO THIS FOR YOU.
AND, AND ALSO WHILE WE'RE DOING THAT, THERE'S THIS OTHER PART OF THE FENCE.
WE'RE DOING IT, AND I DESCRIBED THIS JUST FOR GENERAL SECURITY PURPOSES.
I'M ON THE ROAD A LOT, AND I JUST DON'T WANT SOLICITORS WALKING ALL THE WAY UP TO THE FRONT DOOR AND LOOKING THROUGH THE GLASS AND, AND SHE'S THERE.
AND, AND I SAID, IT'S, AND IT'S KIND OF COMMON FOR WHAT'S SORT OF DONE OVER HERE.
UH, THE OTHER IMMEDIATE NEIGHBOR, WHICH AGAIN, VERY, VERY, VERY PLUGGED INTO WHAT THE VERY, VERY IMMEDIATE NEIGHBORS THOUGHT ABOUT THIS.
I THINK MAYBE HIS WIFE HAS PASSED AWAY RECENTLY.
AND I HAVE MADE MULTIPLE, MULTIPLE ATTEMPTS TO REACH OUT TO THEM.
I'VE PUT A LETTER IN HIS, HIS MAILBOX, I'VE KNOCKED ON HIS DOOR THREE DIFFERENT TIMES.
I CALLED THE ONLY PHONE NUMBER I COULD FIND FOR HIM.
UH, I I DON'T KNOW THAT HE'S PART OF THE OPPOSITION IS I'M UNDERSTANDING THAT HE IS.
UM, BUT I MAY NOT, BUT I MAY NOT KNOW.
BUT I'VE MADE MULTIPLE ATTEMPTS 'CAUSE I REALLY WANTED THE NEIGHBOR'S INPUT ON EITHER SIDE WAY EARLY INTO THIS PROCESS.
I DIDN'T WANNA COME IN AND JUST SORT OF ASSUME AND JUST SORT OF BULL THOSE THROUGH THE, THE NEIGHBORHOOD WITH MY OWN THOUGHTS AND FEELINGS.
I REALLY WANTED TO KNOW WHAT THEY THOUGHT AND I WANTED TO KNOW THAT I WAS MAKING AN INVESTMENT IN THIS PROJECT, BUT I'M ALSO MAKING AN INVESTMENT IN THEIR PROPERTY AND I'M DOING THINGS TO HELP IMPROVE THE VALUE OF THEIR PROPERTY AT A SIGNIFICANT COST TO MYSELF.
AND NO ONE'S ASKING ME TO DO, BUT I'M WILLING TO DO IT ON BOTH SIDES.
SO I REALLY TRIED TO COME IN WITH SORT OF A GOOD NEIGHBOR, A GOOD NEW NEIGHBOR FEEL, AND TRY TO REALLY SOLICIT THE INPUT EARLY IN THE PROCESS SO WE WOULDN'T GET TO THE WHERE WE ARE TODAY.
SO I COULD, SO THEY COULD SORT OF TELL ME WHAT WOULD WORK AND WHAT WOULDN'T WORK IF I COULD GET THAT BUILT INTO THE PROJECT FOR, I SPENT ALL THE TIME AND ENERGY DESIGNING AND COST IT OUT, BUT HERE WE ARE.
BUT I JUST WANTED YOU TO KNOW THAT THERE HAD BEEN A LOT OF EFFORT TO REACH OUT AND UNDERSTAND WHAT PEOPLE WANTED AND WE JUST, IT WAS CRICKETS.
WE GOT NO FEEDBACK BACK AT ALL ABOUT, WELL,
[02:00:01]
THIS WON'T WORK, BUT IF YOU'LL TWEAK THIS, THIS WILL.SO, AND FOR SOME OF THAT TODAY, I WOULD LOVE TO HEAR IT FROM THE OPPOSITION.
DOES THE BOARD HAVE ANY QUESTIONS FOR ME? WE WILL COME TO QUESTIONS WHEN YOU'RE FINISHED.
I'M FINISHED, SIR, BUT YOU, YOU STILL HAVE A LITTLE BIT, FEW MORE MINUTES.
THANK YOU SIR FOR YOUR COMMENTS.
SO I'LL GIVE YOU AN EDITORIAL COMMENT.
THAT AS I, WHEN WE GO THROUGH THIS PROCESS, UH, I ALWAYS CHARGE THE, THE FEEDBACK FROM THE SURROUNDING PROPERTY OWNERS WITHIN 200 AIR 200 FEET BECAUSE THAT'S WHAT THE CODE SAYS THAT WE, THEY'RE REQUIRED TO CONTACT THEM THEN.
AND IT GIVES, IT GIVES ME PAUSE.
NOT CONTROLLING, BUT IT GIVES ME PAUSE WHEN I THINK MS. DAVIS MENTIONED THIS EARLIER TODAY, THAT A HOUSE DIAGONALLY IS AGAINST A HOUSE ACROSS THE STREET.
I'M SORRY, THE HOUSE NEXT DOOR TO YOU IS AGAINST THE HOUSE DIAGONALLY IS AGAINST, BUT THE HOUSE ACROSS THE STREETS A FOR IT'S, IT'S LIKE A MIXED BAG NOW, UM, I WE DIDN'T GET ANY FEEDBACK FROM THE HOUSE RIGHT NEXT TO YOU OR THE ONE AT THE END OF THE CUL-DE-SAC.
UM, AND, AND IT'S NOT STRANGE THAT PEOPLE WOULDN'T RESPOND BECAUSE SOME PEOPLE DON'T WANNA RESPOND.
UM, SO THAT'S NOT SPECIFIC TO YOU OR YOUR REQUEST, THAT'S JUST WHAT HAPPENS.
SOME PEOPLE ARE VERY OUTSPOKEN, SOME PEOPLE ARE NOT.
SO, UM, UM, SO YOU'RE, I'M GONNA READ A FEW OF THESE COMMENTS THAT CAME FROM THE OPPOSITION.
I'M NOT GONNA READ A NAME, I'M JUST GIVING YOU THE COMMENTS SURE.
AND JUST GET YOUR REACTION TO IT.
NO FRONT FENCES ON ANY, ON ANY INTERIOR LOTS.
UH, OPPOSED THE FENCES HEIGHT IS BECAUSE IT WOULD BE VISUALLY INTRUSIVE AND NOT CONSISTENT WITH THE HEIGHT AND ARCHITECTURE ON THAT PORTION OF HARRY'S LANE.
UM, OFFENSE OF THIS SIZE WOULD BE OBTRUSIVE AND VIS VISUALLY DETRACT THE AMBIANCE OF THE STREET.
I'M NOT PICKING ON YOU, I'M JUST THROWING THIS OUT SO THAT YOU SURE.
SO THAT I DON'T TAKE IT PERSONALLY.
THIS IS, THIS IS ALL PUBLIC RECORD.
UM, UH, AND WE READ AND DIGEST THE FENCE WOULD SIGNIFICANTLY IN ADVERSELY AFFECT THE VISUAL AND SOCIAL FABRIC OF THE NEIGHBORHOOD.
UM, UH, THE VIEW DOWN OUR VERY QUIET STREET IS VERY OPEN.
GIVING IT A COUNTRY-LIKE FEELING IN THE MIDDLE OF A BUSY CITY.
THIS WOULD CHANGE THAT TOO CLOSE TO THE CUL-DE-SAC FOR A FENCE.
UM, BREAKING UP THE OPEN FRONT YARD NEIGHBOR NEIGHBORHOOD CHARACTER WITH FENCES EXCEEDING FOUR FEET ALLOWABLE, WOULD DESTROY THE PASTORAL CHARACTER THAT WE AND OUR NEIGHBORS HAVE ENJOYED SINCE THE EARLY 1950S.
THIS, THIS, THIS IS WHAT, YOU KNOW, THE FEEDBACK.
SO GIVE YOU AN OPPORTUNITY TO RESPOND.
AND MR. CHAIRMAN, WHAT I WOULD, I, AGAIN, I WOULD SAY TO THAT, AND ANOTHER, THERE WAS A MAP WALLET OR ONE OF THE VISUALS SHOWED THE STREET BECAUSE IT SHOWED THE LOTS.
AND WE DON'T NEED TO PULL THAT BACK UP, BUT IT'S A VERY SHORT STREET WHEN YOU TURN OFF OF WELCH AND, AND HEAD DOWN HARRY, UH, JUST IN TERMS OF LENGTH TO YOU GET TO THAT CUL-DE-SAC.
AND I WOULD JUST LIKE TO REMIND EVERYONE THAT THE VERY TWO HOUSES, THE HOUSES THAT FRAME THE FRONT OF THAT LITTLE STREET HAVE A FENCE SIMILAR OR NOT TOO DISSIMILAR FROM WHAT WE'RE ASKING FOR, BUT EVEN MORE OPEN THAN WHAT THOSE, BECAUSE THEY SAID THEY'RE BOTH BRICK AND IRON.
SO I, I HEAR ABOUT THE FIT FINISH AND FEEL OF THE NEIGHBORHOOD, BUT I JUST WANNA REMIND, UH, EVERYBODY WHO MAYBE DOESN'T HAVE A VIGIL OF THE STREET, THAT A VERY SHORT STREET IN THE TWO NEIGHBORHOODS.
THAT THE TWO STREETS THAT BASICALLY ARE THE CALLING CARD FOR THAT LITTLE SHORT STREET BOTH ALREADY HAVE FENCES AND EVEN LARGER THAN THAT ON THEIR SIDE FENCES.
FROM ONE MEMBER'S PERSPECTIVE, THE SHORTER THE STREET, THE LESS FENCES I WOULD WANT BECAUSE THE MORE IT CREATES CONCENTRATION AND TUNNELING.
SO IF IT'S A LONG STREET OR A WIDE STREET, IT DOESN'T, FROM MY EXPERIENCE, IT DOESN'T AFFECT ME IN, IN, IN SITTING IN MY ONE VOTE PERSPECTIVE, A NARROWER STREET OR A SHORTER STREET CREATES COMPACTNESS.
SO, UM, SO I HEAR, I AGREE WITH YOU ON THE SHORTNESS OF, OF HARRY'S LANE, IT'S A SHORT STREET THAT DOESN'T BODE WELL FOR PUTTING FENCES UP IN MY OPINION, BUT I'M ONE VOTE.
SO WHAT OTHER QUESTION, SORRY.
AND THAT IS, THAT IS, I GET THAT, UH, LUCKILY THESE ARE WIDER STREETS AND THESE HOUSES SET AND THESE ARE HOUSES THAT ARE ON VERY LARGE LOTS, RELATIVELY VERY LARGE LOTS THAT SET, YOU KNOW, COMPARED TO WHERE I'M AT IN HIGHLAND PARK, THEY SAID WAY OFF THE ROAD.
UH, IN TERMS OF JUST THE FIT AND FEEL.
BUT THE, UH, BUT UH, EVEN THOUGH, UH, WELL I'LL JUST SAY THAT, THAT WENT VERY MUCH IN DESIGN TO HAVE THESE VERY, VERY OPEN PANELS, UH, AS A OPPOSED TO SOLID WALLS.
AND SO, YOU KNOW, VERY MUCH TRYING TO KEEP, WHEN YOU LOOK DOWN SORT OF VISUALLY, YOU KNOW, YOU'RE LOOKING THROUGH, YOU KNOW, GUYS KNOW WHAT THE ROD IRON, TYPICAL ROD
[02:05:01]
IRON FENCE AND FEEL IS.UH, AND EVEN SPACING OUR COLUMNS OUT.
UH, BECAUSE WE ORIGINALLY STARTED WITH COLUMNS THAT WERE CLOSER, WHICH I STILL WOULD'VE PREFERRED, BUT WE, WE ELIMINATED, UH, STRANGELY ENOUGH, I DON'T THINK THE CODE PREVENTS OR PRESCRIBES THE DISTANCE BETWEEN COLUMNS, DOES IT? I DON'T THINK IT DOES.
IT IT, IT'S, THAT'S AN INTERESTING DEAL.
SO YOU CAN HAVE NARROW, YOU KNOW, SECTIONS BETWEEN CODES.
SO WHAT WE DID, WE BASICALLY CAME OUT AND TOOK OUT EVERY OTHER COLUMN.
UM, WHICH TO ME WE GIVE IT A MORE OPEN LOOK AGAIN, YOU KNOW, SORT OF MADE THE FENCE, NOT REALLY HAVE THE SORT OF, YOU KNOW, FEEL THAT I WANTED TO, BUT WE THOUGHT, OKAY, LET'S OPEN IT UP EVEN MORE IN ADDITION TO USING THE IRON PANELS OR, YOU KNOW, THE PICKET PANELS.
IN ADDITION TO EVEN NOT SETTING IT UP ON A, A WING WALL, UH, OR, OR A FOOTER WALL.
LET'S GO AHEAD AND BASICALLY TAKE OUT EVERY OTHER POST TO MAKE IT EVEN MORE OPEN.
SO I FEEL LIKE WE REALLY, REALLY DID EVERYTHING WE COULD TO SAY LET'S, EVEN THOUGH WE DON'T HAVE DIRECT COMMENT, THE SORT OF THE FEEL, YOU KNOW, THE ANECDOTAL FEEL GETTING BACK IS THAT WE KIND OF WANT THIS OPEN.
IT'S LIKE, OKAY, WHAT CAN WE DO TO OPEN IT UP? SO WE WENT BACK AND TOOK OUT EVERY OTHER COLUMN TO OPEN IT UP EVEN MORE.
ANY OTHER QUESTIONS FOR, UH, THE PROPERTY OWNER? ALRIGHT, SO, UH, WE'VE COMPLETED TWO.
UH, THE APPLICANT, WHETHER IT'S YOU OR THE OTHER GENTLEMAN, UH, MR. COLE WILL HAVE AN OPPORTUNITY FOR A FIVE MINUTE REBUTTAL AT THE CONCLUSION.
OKAY, MS. BOARD SECRETARY, WE HAVE FOUR PEOPLE THAT HAVE SIGNED UP IN MY OPPOSITION.
IF YOU GO AHEAD AND CALL THE FIRST, UM, MS. SHERRY AND ELI COREY.
SO IS THAT ONE SPEAKER OR TWO SPEAKERS? IT'S ONE.
SO IS IT, SO YOU, ARE BOTH OF YOU GONNA SPEAK? WE LIVE IN THE SAME HOUSE.
WELL, I'M JUST TRYING TO BE FAIR TO EACH REGISTERED SPEAKER.
SO, SO ARE, ARE YOU CONSIDERED ONE SPEAKER OR TWO TODAY? YOU GET TWICE THE TIME IF YOU'RE TWO SPEAKERS.
BUT I DON'T WANNA ELIMINATE OTHER SPEAKERS.
EVERYONE WHO WANTS TO SPEAK IS GONNA BE ABLE TO SPEAK.
THEN THEY NEED TO FILL OUT A SECOND SHEET.
WHOEVER'S GONNA BE THE SECOND SPEAKER SHOULD FILL OUT A SHEET.
SO, 'CAUSE EVERYONE'S GOTTA BE REGISTERED.
SO WHILE THE FIRST IS TALKING, IF THE OTHER ONE, SINCE YOU'RE GONNA BE TWO, I AM JUST TRYING TO BE FAIR AND EQUAL.
SO THE, THE, UH, PROPERTY OWNER AND INDIVIDUAL IN SUPPORT, UH, TOOK NINE MINUTES.
SO NINE MINUTES IS, IS OUR STANDARD FOR EACH PERSON SPEAKING.
YOU DON'T HAVE TO SPEAK NINE MINUTES, BUT YOU, I'M GONNA GIVE YOU NINE MINUTES.
SO OUR BOARD SECRETARY WILL SWEAR YOU IN AFTER YOU GIVE US YOUR NAME AND ADDRESS, PLEASE.
4 5 2 5 PERRY'S LANE, DALLAS, TEXAS.
YOU'RE THE NEXT DOOR NEIGHBOR.
ALRIGHT, SO OUR BOARD SECRETARY WILL SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UM, LADIES AND GENTLEMEN, DISTINGUISHED MEMBERS OF THE CITY COUNCIL I RESPECT AND RESPECTED NEIGHBORS.
FOR THOSE THAT DON'T KNOW ME, I'M SHERRY CORY.
25 HARRY'S LANE, NEXT DOOR TO THE SUBJECT PROPERTY REQUESTING THE VARIANCE.
BEFORE I GET STARTED, I JUST EXPLICIT EXPLICITLY WANNA SAY ON THE DRAWING, THERE IS NO EXISTING FENCE IN THE FRONT YARD FROM WHAT HE HAS SENT CHRIS COLE.
NO EXISTING NONE, NO EXISTING FRONT FENCE.
UM, SO THANK YOU FOR ALLOWING ME TO EXPRESS MY CONCERNS AND OPPOSITION REGARDING THE REQUEST FOR A FENCE HEIGHT VARIANCE MADE BY OUR NEW OWNER AND POTENTIAL NEIGHBOR.
AS A REAL ESTATE AGENT AND A CONCERNED MEMBER OF THIS NEIGHBORHOOD, I MUST EMPHASIZE THE POTENTIAL NEGATIVE IMPACT THAT ALLOWING UP TO A SEVEN FOOT FENCE IN THE FRONT YARD COULD HAVE ON THE OVERALL CHARACTER AND APPEAL OF OUR COMMUNITY.
ONE OF THE KEY ASPECTS THAT CONTRIBUTE TO THE CHARM OF OUR NEIGHBORHOOD IS THE OPEN AND WELCOMING ATMOSPHERE.
THE SENSE OF COMMUNITY, THE FRIENDLINESS, AND THE ABILITY TO INTERACT WITH NEIGHBORS PLAY A CRUCIAL ROLE IN MAKING THIS A DESIRABLE PLACE TO LIVE.
ALLOWING THIS SIZE FENCE IN THE FRONT YARD GOES AGAINST THIS PRINCIPLE, CREATING A PHYSICAL BARRIER THAT DISRUPTS THE VISUAL OPENNESS AND HARMONY THAT CHARACTERIZES OUR COMMUNITY.
[02:10:01]
VIEWS ARE AN ESSENTIAL ASPECT OF OUR NEIGHBORHOOD, AND A TALL FENCE WILL OBSTRUCT THESE VIEWS.PART OF OUR COMMUNITY'S CHARM LIES IN ITS PICTURESQUE SURROUNDINGS.
A TALL FENCE WOULD HINDER THIS, CREATING A VISUAL BLOCKAGE AND DISRUPTING THE HARMONY WE HAVE ENJOYED FOR SO LONG.
MOREOVER, IT IS IMPORTANT TO CONSIDER THE IMPACT ON POTENTIAL HOME BUYERS.
AS A REALTOR, I CAN ATTEST THAT BUYERS OFTEN COMPARE NEIGHBORHOODS WHEN SEARCHING FOR A HOME.
THIS FENCE IN THE FRONT YARD WILL UNDOUBTEDLY BE BE VIEWED AS A DETRACTING FACTOR BY PROSPECTIVE BUYERS.
IT DEVIATES FROM THE NORM WILL OBSTRUCT VIEWS AND BE, WILL BE PERCEIVED AS AN EYESORE AND IMPACTING THE NEIGHBORS.
BUYERS OFTEN SEEK NEIGHBORHOODS THAT EXUDE A SENSE OF OPENNESS, WHERE FRIENDLY INTERACTIONS AND A WELCOMING ATMOSPHERE ARE THE NORM.
A FENCE SENDS A CONTRARY MESSAGE SUGGESTING A LACK OF NEIGHBORLY WARMTH.
IN CONCLUSION, WHILE I UNDERSTAND AND RESPECT THE RIGHT OF INDIVIDUALS TO MAKE IMPROVEMENTS TO THEIR PROPERTIES, IT IS CRUCIAL TO BALANCE THESE DESIRES WITH WELLBEING AND COHESION OF THE COMMUNITY.
THE LIMITATIONS OF THE PROPERTY CODES WERE KNOWN BY THE NEW OWNERS BEFORE PURCHASE.
THIS REQUEST IS NOT IN THE BEST INTEREST OF THE CURRENT RESIDENTS OF OUR NEIGHBORHOOD.
I URGE YOU TO CONSIDER THE LONG-TERM IMPACT ON THE OVERALL CHARACTER OF OUR NEIGHBORHOOD BEFORE GRANTING THIS VARIANCE.
UM, THE ALSO A SMALL NOTE, THE NEIGHBOR ACROSS THE STREET WHO DID NOT OPPOSE IT AND IS FOR IT IS A BUILDER.
HE'S AN OWNER, A BUILDER, HE'S NOT A RESIDENCE.
UM, AND THEN THERE ARE TWO OTHER BUILDERS THAT ARE, DID NOT OPPOSE IT, THAT ARE FOR IT.
TATUM BROWN AND ANOTHER, AND ALFRED BUILDERS ON HARRY'S LANE.
ALSO, UM, THE CUL-DE-SAC IS A SHORT CUL-DE-SAC AND THERE ARE THREE CUL-DE-SACS THAT ARE WEST OF WELCH ROAD.
WELCH ROAD IS A BUSY STREET AND THEY'RE COUNTING WELCH ROAD AS, UH, SOME OF THE PROPERTIES THAT HAVE THE HIGH FENCES, THE HIGHER, THE HIGHER THAN FOUR FOOT FENCE.
AND THEY ALSO, I SAW ON HIS, UM, UH, LIST THERE WERE ROLL ROLE LANE WAS IN THAT.
IT'S, IT'S IN OUR NEIGHBORHOOD, BUT LENNOX, LENNOX AND STRAIGHT LANE.
AND THEY, MOST, MOST OF THOSE PROPERTIES ARE OVER TWO ACRES, WHICH IS MUCH BIGGER THAN ONE ACRE.
AND THEN ONE MORE THING THAT I'M VERY STRONGLY ABOUT.
SO I AM THE ONE RIGHT NEXT DOOR AND WITH HIM PUTTING UP THIS SEVEN FOOT FENCE IN THE FRONT, I, I'M ABOUT TO HAVE SEVEN GRANDKIDS AND MY OLDEST JUST TURNED SIX AND THEY COME OVER TO OUR HOUSE A LOT AND WE HAVE A LONG DRIVEWAY AND WE PLAY ALL THE TIME.
ALL THE NEIGHBORS KNOW THAT WE'RE PLAYING THIS WHEEL IS A DANGER FOR MY GRANDKIDS, YOU KNOW, PLAYING IN THE, IN OUR DRIVEWAY WITH THE VISUAL BEING OUT WITH THE CARS GOING DOWN HARRY'S LANE, EVEN THOUGH IT'S A SHORT CUL-DE-SAC.
I THINK THAT WAS, OH AND ONE OTHER POINT, SORRY.
THE, UM, IN THE PROPOSAL THERE'S A HIGHLIGHTED NOTE FROM CHRIS COLE AND IT SAYS, ANY MATERIALS SUCH AS PLANS AND ELEVATIONS, ET CETERA, INCLUDED WITHIN THIS NOTICE MAY BE SUBJECT TO CHANGE.
THAT GIVES ME AN INDICATION THAT HE CAN MAKE CHANGES AND NOT HAVE AS MUCH SEE-THROUGH ON THE FENCE AND MAKE IT MORE BRICK OR BLOCK.
AND HE DID COME OVER AND HE WAS STATING A FRONT FENCE AND WE KNEW THE CODE WAS FOUR FEET.
THAT FOUR FEET IS A LOT LESS THAN SEVEN FEET.
SO, UM, ANYWAY, YOU STILL HAVE, UM, FOUR MORE MINUTES.
I CAN, UM, SO THE, MY BIGGEST THING WAS THE DRAWING.
THERE'S NO EXISTING FENCE, SO I DON'T KNOW WHERE HE SAID A NEW FENCE WILL GO WITH THE EXISTING FENCE.
UM, 27 PROPERTIES IN THE THREE CUL-DE-SACS.
AND ONE OF THEM ONE HAS A FOUR FOOT FENCE.
WE MEASURED IT, WE HAVE PICTURES I CAN SHARE WITH
[02:15:01]
YOU.UH, AND YES, SO I MADE MY POINT WITH THE BUILDERS OR NOT OWNERS, THEY'RE BUILDERS.
A COUPLE COMMENTS AND THEN I THINK WE HAVE A COUPLE QUESTIONS FOR YOU.
UM, THE STATE STATUTE SAYS THAT THE CITY, THE BOARD OF ADJUSTMENT CONTACTS PROPERTY OWNERS BASED ON THE DC AD ROLE, DALLAS CENTRAL APPRAISAL DISTRICT ROLE.
IT DOESN'T QUALIFY WHETHER THEY'RE A BUILDER, WHETHER THEY RENT IT OUT, WHETHER THEY LIVE THERE, WHERE OTHER PEOPLE THERE.
IT'S WHOEVER IS ON THE DC LISTING.
SO, UH, OUR, OUR SOLICITATION OF FEEDBACK IN THE 200 FEET IS CONSISTENT AND CONFORMING TO STATE LAW.
SO WE DON'T ASK PEOPLE WHAT THEIR PROFESSION IS AS TO BASE THEIR BASIS OF WHAT THEY OPPOSE OR SUPPORT A REQUEST.
UM, SO JUST SO YOU UNDERSTAND THAT, UM, LET'S SEE HERE.
UH, IF THE BOARD APPROVES A REQUEST FOR A SPECIAL EXCEPTION, THE LANGUAGE THAT OUR BOARD ATTORNEY GIVES US, UH, USUALLY ALWAYS STATES BASED ON SITE ELEVATIONS AND SPECIFICATIONS.
SO WHAT WE APPROVE, WHETHER IT'S SEVEN FEET OR FOUR FEET OR FOUR AND A HALF FEET, AND THOSE SORT OF THINGS ARE BASED ON WHAT HAS BEEN SUBMITTED AND WE AGREE TO, AND THEN THAT IS THE BASIS BY WHICH BUILDING INSPECTION ISSUES THE PERMIT AND OR APPROVES THE PROJECT.
SO IT MAY SAY SUBJECT TO CHANGE, BUT WHATEVER IN THE END WE APPROVE IS THE STANDARD BY WHICH THE CITY GOES AND INSPECTS THAT PROPERTY.
SO JUST SO YOU UNDERSTAND THAT, I MEAN, NOW WE CAN'T CONTROL WHAT IS INSPECTED AFTER WE ISSUE OUR RULING, THAT'S THE BUILDING INSPECTION DEPARTMENT, BUT WE JUST SET THE STANDARD OF WHAT THE SPECIAL EXCEPTION IS OR IS NOT.
I JUST WANNA GET A CLEAR UNDERSTANDING OF WHAT YOU OPPOSE.
SO IF THE FENCE IS FAIRLY OPEN, UM, YOU MENTIONED A LITTLE BIT OF OBSTRUCTIONS.
YOU, YOU CERTAINLY HAVE THOSE COLUMNS, BUT THE REST OF THE FENCE IS, IS PRETTY OPEN.
IS IT, IS IT JUST THE HEIGHT THAT YOU ARE NOT HAPPY WITH OR IS THERE SOMETHING ELSE ABOUT THE FENCE THAT YOU'RE OPPOSING IN ADDITION TO THE HEIGHT? I WOULD LOVE NOT TO HAVE A FENCE AT ALL.
I MEAN, BECAUSE IT IS OPEN AND THERE'S NOT VERY MANY HOMES ON THAT CUL-DE-SAC.
AND I MEAN, TO BE HONEST, MY GRANDKIDS DO RUN AND THEY COME OVER A LOT AND, AND IT'S JUST, YOU KNOW, WHAT HAPPENS AND THEY RUN THROUGH THE YARDS AND EVERYTHING.
UM, SO I MEAN, I WOULD LOVE FOR THERE NOT TO BE A FENCE AT ALL.
UM, AND HE DID COME OVER AND AT FIRST I WAS THINKING, YOU KNOW, A LITTLE FOUR FOOT FENCE AND SEE THROUGH WITH LANDSCAPING WOULD BE, YOU KNOW, WOULD BE FINE BECAUSE THERE IS, BUT YOU KNOW, YOU START THINKING ABOUT THINGS, YOU GO OUTSIDE AND YOU START, YOU KNOW, PLAYING WITH YOUR GRANDKIDS MORE AND I CAN CHANGE MY MIND.
SO I WOULD RATHER NOT HAVE FENCE AT ALL.
AND, AND JUST TO CLARIFY, IN IN YOUR CUL-DE-SAC SPECIFICALLY, HOW MANY FENCES ARE THERE? THERE IS ONE FENCE, LITTLE FOUR FOOT FENCE.
AND I TOOK PICTURES OF US OF IT IN ALL THREE CUL-DE-SACS.
THEY MAY BE MEASURING FENCES THAT ARE ON THE BUILDING LINE UP, MAKING IT A COURTYARD EFFECT.
UM, IT'S NOT A PRIVACY FENCE OR IT MAY BE A PRIVACY FENCE TO THE FRONT DOOR, BUT IT'S AT THE 40 FOOT BUILDING LINE.
SO IT MAKES IT THE COURTYARD EFFECT INSTEAD OF FENCING IN THE WHOLE FRONT YARD.
AND I GET THE PRIVACY THING AND THERE ARE PLENTY OF GATED COMMUNI COMMUNITIES THAT YOU CAN BUY IT IF YOU ARE REALLY, YOU KNOW, AFRAID AND WANT THAT SECURITY.
UNDERSTAND ALSO ANOTHER CLARIFICATION THAT CONSISTENT WITH THE CODE, YOU CAN BUILD BY RIGHT.
AND AND THAT'S NOT IN THE PROVINCE OF THE BOARD OF ADJUSTERS.
OR THE CITY COUNCIL 'CAUSE THEY'VE SET THE POLICY THAT SAYS THAT THAT THRESHOLD.
SO YEAH, SO WE, WE DON'T HAVE ANYTHING TO SAY FOUR FEET OR BELOW AND OKAY.
THAT'S NOT WITHIN OUR PROVINCE.
WHAT ARE THE QUESTIONS THAT WE HAVE FOR THIS SPEAKER? IF NONE.
THE NEXT SPEAKER, THE GENTLEMAN I PRESUME,
[02:20:01]
MR. JEFF COREY, IF YOU GIVE US YOUR NAME, YOUR ADDRESS, AND THEN OUR BOARD SECRETARY, WE'LL SWEAR YOU IN.25 HARRY'S LANE, DALLAS, TEXAS 7 5 2 2 9.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
WHAT IS YOUR FIRST NAME? IT'S JEFF.
BUT IT SAID ELI, YOU'RE THE TCAD LISTING BE MORE SO.
SO YOU'RE, YOU GO BY JEFF OR ELI? I GO BY ELI.
SO I'M GONNA BE REAL, REALLY, REALLY BRIEF.
UM, UH, AND TO CLARIFY THE, UM, I'VE ACTUALLY GOT SOMETHING I CAN I, CAN I GIVE Y'ALL YES.
TO THE BEST OF MY KNOWLEDGE, THE OBJECTIONS THAT ARE LAID OUT ON THAT GRID ARE NUMBER 13.
NOW I KNOW THEY'RE NOT ALL WITHIN THE 200 FOOT RADIUS, I THINK THE GOLDSTEINS AND, UM, JAN PARK BLACK AND HER HUSBAND STEWART, UM, DON'T, AND MAYBE THE MOLES ARE SLIGHTLY OUTSIDE OF THE 200 FEET.
ARE WE LOOKING AT THE, ARE YOU SPEAKING TO THIS SHEET YOU JUST GAVE US? CORRECT.
YEAH, SO BASICALLY OUTLINED ON THAT SHEET IS THE SUBJECT PROPERTY AND THEN ALL THE SURROUNDING NEIGHBORS, THE IMMEDIATE NEIGHBORS.
AND I UNDERSTAND THAT THE, YOUR HANDS ARE TIED WITH THE, UH, TATUM, THE BUILDER, TATUM BROWN AND THE BUILDER, UM, UH, ALFRED HOMES DIRECTLY ACROSS THE STREET FROM THE SUBJECT PROPERTY.
AND, AND THEY OBVIOUSLY GET A VOTE.
UH, UH, I ALSO SPOKE TO, UM, UM, TO MICHAEL AND, UH, CINDY ROSENTHAL SPOKE DIRECTLY TO MICHAEL AND HE DID, UH, SAY HE WAS GOING TO, UM, A VOTE.
UH, HE LIVES DIRECTLY ACROSS THE STREET.
TOOK ABOUT FOUR YEARS AND HE DOES NOT HAVE A FENCE.
SO BACK TO THAT POINT, THE, THE 27 INTERIOR LOTS ON KATINA, HARRY'S LANE IN ISABELLA HAVE ONE FOUR FOOT FENCE, UH, THE SPARKS HOME, UH, WHICH WAS JUST BUILT, UH, A COUPLE OF YEARS AGO.
SO, SO I'D LIKE TO BE CLEAR, WHEN, WHEN, WHEN MR. COLE TALKS ABOUT ALL THE FENCES IN THE AREA, THEY'RE NOT IN OUR AREA.
I, IF YOU CONSIDER OUR AREA, WHICH I DO THE THREE, THE INTERIOR LOTS, UM, THAT, UH, ARE ARE ON THOSE THREE STREETS.
I, I, I'D LIKE TO GIVE YOU SOMETHING ELSE.
SO I'M SHOWING YOU A PHOTOGRAPH, WHICH IN THE, IN THE, SO THERE WAS SOME QUESTION BY SHANE WHAT MAY HAVE CHANGED MY MIND AND, AND, UM, UH, IN, IN TERMS OF POSSIBLY BEING RECEPTIVE TO A FENCE.
WELL, YOU FIND OUT THE CODES AS YOU GO ALONG.
AND SO, UM, I'D LIKE IT TO BE KNOWN.
I HAD A FOUR FOOT FENCE 25 YEARS AGO WHEN I PURCHASED MY PROPERTY AND I TORE IT DOWN BECAUSE IT, AS FAR AS I KNOW, I WAS THE ONLY FENCE IN THE AREA ON AN INTERIOR LOT AND I DIDN'T THINK IT WENT WITH THE NEIGHBORHOOD.
SO THAT FENCE WAS ABOLISHED BY ME.
AND, UM, I DON'T HAVE A PROBLEM WITH FOUR FOOT FENCES, OPEN FENCES.
THE THE LATEST PHOTOGRAPH THAT I GAVE YOU SHOWS YOU A OFF GRADE OVER 12 FOOT SOLID WALL BUILT BY CHRISTOPHER COLE.
AND I DON'T THINK THAT THAT'S TO CODE.
I WAS TOLD BY CHRISTOPHER CO COLE THAT IT WAS TO CODE.
SO I THOUGHT THERE'S NOTHING I CAN DO.
SO I'M GOING TO SEED MY ANY OTHER TIME THAT I HAVE, IF YOU HAVE ANY QUESTIONS, I'M GLAD TO ANSWER THEM.
YOU STILL HAVE MORE TIME IF YOU WANT TO SPEAK THEN.
WE'LL COME BACK TO YOU WITH QUESTIONS.
I I HAVE A COUPLE QUESTIONS FOR YOU.
UM, WE, WE CANNOT, WE DON'T HAVE ANY BASIS TO, UH, CROSS-EXAMINE WHAT ONE PERSON TELLS ANOTHER PERSON REGARDING SOMETHING OTHER THAN WHAT'S BEFORE US.
SO IT'S OKAY FOR YOU TO PROVIDE THE PICTURES AND SO FORTH,
[02:25:01]
BUT THAT'S NOT REALLY WITHIN OUR JURISDICTION.UM, UH, WHAT THIS, THIS PROCESS IS, IS NOT A VOTE.
THIS PROCESS IS GIVE YOUR OPINION, THE REASON WHY IT'S NOT A VOTE IS 'CAUSE IT'S NOT CONTROLLED.
THE LEGISLATURE SAYS THAT THE CITY, THROUGH THE BOARD OF ADJUSTMENT PROCESS CONTACTS ALL PROPERTY OWNERS WITHIN 200 FEET AND NOTIFIES THEM AND SOLICITS FEEDBACK.
ACTUALLY JUST SAYS, NOTIFIES THEM, DOESN'T EVEN SAY FEEDBACK WE WANT WENT THE NEXT STEP FURTHER AND SAID WE WANT FEEDBACK.
SO, AND WE CAN'T DO ANYTHING UNLESS IT'S SENT TO US IN WRITING THROUGH OUR STAFF.
THAT IS WHAT'S REALLY THE NOW WHAT YOU OR THE PROPERTY OWNER BRINGS US ON A, ON EMAILS OR ON, UH, A PETITION HAS INFLUENCED BECAUSE THAT'S SEPARATE AND ASIDE FROM WHAT ONE PERSON ESPOUSED.
BUT I HAVE, WE HAVE TO BE VERY CAREFUL ABOUT INTERPRETING WHAT YOU SAID ANOTHER PERSON SAID, WHICH IS ANOTHER PERSON SAID WE HAVE TO STICK WITH ORIGINAL DOCUMENTS AND DOCUMENTATION.
I'M JUST TRYING TO MAKE SURE YOU UNDERSTAND PROCESS HERE.
UM, I DON'T KNOW WHERE THIS PARTICULAR WALL WAS THAT YOU SAID THE OTHER BUILDER BUILT.
UM, AND, AND I CAN'T STATE TO WHETHER IT'S LEGAL OR NOT THAT THE STAFF AND BUILDING INSPECTION DETERMINES THAT WE ONLY CAN RESPOND TO A CASE THAT'S BEFORE US.
I JUST WANNA MAKE SURE YOU UNDERSTAND WHAT, HOW WE INTERPRET THE INFORMATION THAT COMES TO US AND THAT OUR LANE IS PRETTY NARROW AND OUR LANE GOES BACK TO DETERMINING WHETHER THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AND THE LEGISLATURE DOESN'T SAY WHAT NEIGHBORING NEEDS.
SO WE TRY TO DO IT BY VIRTUE OF, OF ASKING QUESTIONS, GETTING INFORMATION.
WHAT ARE THE QUESTIONS DO WE HAVE FOR THIS SPEAKER? OKAY, THANK YOU VERY MUCH.
THANK YOU MS. BOARD SECRETARY, DO WE HAVE OTHER SPEAKERS? YES SIR.
MR. WHEELER, ARE YOU HERE? OH, VERY GOOD.
I'M HERE AND I HAVE BEEN PAYING ATTENTION.
YOU KNOW THE FLOW AT 45 45 HARRY'S LANE, DALLAS, TEXAS 7 5 2 2 9.
AND YOUR FIRST NAME IS? JERRY.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UH, FIRST OF ALL, THIS IS A LITTLE BIT AWKWARD WAY TO MEET A NEW NEIGHBOR, BUT I GUESS, YOU KNOW, REASONABLE PEOPLE CAN DISAGREE.
UH, MR. COLE, EXCELLENT PRESENTATION, VERY COMPELLING, BUT I, BUT I FIND IT SOMEWHAT MISLEADING RELATIVE TO THE ACTUAL SITUATION.
AND I SAY THAT BECAUSE IT'S IMPORTANT TO DIFFERENTIATE HARRY'S LANE.
ISABELLA, UH, YOU ARE TWO HOUSES.
YES, I EAST OF THE SUBJECT PROPERTY.
I'M TWO LOTS TO THE EAST OF THE SUBJECT.
I JUST WANT, I'M WANTED TO HAVE THAT SO THAT EVERYONE ON THE BOARD PANEL UNDERSTANDS YOUR TWO HOUSES EAST.
THESE THREE STREETS, ISABELLA HARRY'S LANE AND KATINA ON THE WEST SIDE OF WELSH ARE THREE STRAIGHT PARALLEL SHORT STREETS THAT END INTO A DEAD END INTO A CUL-DE-SAC.
THIS IS QUITE DIFFERENT ENVIRONMENT THAN THE BALANCE OF THE EXTENDED NEIGHBORHOOD THAT VIRTUALLY ALL THE DATA ON THAT SCREEN YOU SHOT IN TERMS OF FENCE HEIGHTS WAS TAKEN FOR MR. CHAIRMAN.
YOU HIT THE NAIL ON THE HEAD WHEN YOU SAID THERE'S A BIG DIFFERENCE BETWEEN A LONG STREET LIKE STRAIGHT LANE THAN A SHORT STREET LIKE THE SUBJECT THREE STREETS I'M TALKING ABOUT.
I WOULD SUBMIT TO YOU THAT IF YOU TOOK A VOTE FROM THE NEIGHBORS ON THE INTERIOR LOTS ON THOSE THREE STREETS, IF WE COULD, WE WOULD VOTE TO DISALLOW ANY FORM OF FENCED IN FRONT YARD.
THIS NEIGHBORHOOD IS SUCH THAT THE LOTS ARE BIG.
THE HOUSING RESTRICTIONS IN THE HOUSING SETBACK CREATE BIG FRONT YARDS, WHICH HAS A MAGNIFICENT OPEN FEEL AND BEAUTIFUL LINES, SORRY, UP AND DOWN THE STREET.
BUT WE DO ACKNOWLEDGE THAT CODE AND THAT ALLOWS A FOUR FOOT FENCE.
WE ALL KNEW IT WHEN WE BOUGHT IT.
WE KNEW THAT WAS A POSSIBILITY.
BUT THERE'S A BIG, BIG DIFFERENCE BETWEEN A FOUR AND A SEVEN FOOT FENCE.
PICTURE SEVEN FOOT CENTER SHAQUILLE O'NEAL STANDING NEXT TO A SEVEN YEAR OLD.
THAT'S THE HEIGHT DIFFERENCE THAT WE'RE TALKING ABOUT.
THAT WILL HAVE A SIGNIFICANT IMPACT ON THE SIGHT LINES.
AS ELI POINTED OUT, THE INTERIOR LOTS, THERE ARE 27
[02:30:01]
INTERIOR LOTS ON THOSE THREE STREETS.THE LOTS OF BUDDING WELSH, WHICH HAS A MUCH, MUCH HIGHER TRAFFIC COUNT.
UM, I CAN CERTAINLY UNDERSTAND WHY THEY WOULD WANT A FENCE IN THEIR FRONT YARD GIVEN THE FACT THAT PEOPLE WOULD PROBABLY JUST WALK RIGHT ACROSS THEIR YARDS.
BUT OF THOSE 27 HOUSES IN THOSE THREE STREETS, THERE'S ONLY ONE HOUSE THAT HAS A FENCED IN FRONT YARD.
AND FORTUNATELY THEY COMPLIED TO THE FOUR FOOT CODE AND IT LOOKS BEAUTIFUL.
I PREFER IT TO BE OPEN, BUT IT LOOKS GOOD.
BIG DIFFERENCE BETWEEN A SEVEN FOOT FENCE.
NOW I GET THE REASON FOR A FENCE.
THE UTILITARIAN FACTOR IS VERY IMPORTANT.
IT PREVENTS SOLICITORS FROM COMING TO THE DOOR, WHICH ACTUALLY IS QUITE INFREQUENT AND IT PROVIDES AN ENCLOSED AREA FOR DOGS AND CHILDREN TO PLAY IN THE FRONT YARD.
BUT YOU KNOW WHAT, A FOUR FOOT FENCE PROVIDES ALL OF THAT.
THERE'S NO NEED TO BREAK CODE AND GO UP TO SEVEN FEET.
IT PROVIDES ALL OF THOSE THINGS.
SO AS YOU CONSIDER THIS REQUEST, AND I LISTENED FOR THE REASONS, BUT THIS IS CALLED A SPECIAL EXCEPTION REQUEST, I HEARD NO COMPELLING EVIDENCE IN TERMS OF THE MOTIVATION FOR THIS.
WHAT THEY CAN DO BY LAW ACCOMPLISHES EVERYTHING.
BUT TO THE EXTENT THEY, WE ALLOW THEM TO DO THIS, IT WOULD'VE A MATERIAL IMPACT TO THE ADJACENT LOTS.
AND WITH RESPECT TO THE HOMES IN THE CUL-DE-SAC, IT WOULD SUBSTANTIALLY IMPACT THEIR VIEW.
AND IN MY VIEW, THE MATERIAL DELIRIOUS NEGATIVE IMPACT ON THE VALUE OF THOSE HOMES.
SO THE CITY, WHEN THEY PUT TOGETHER THE PLANNING AND THEY PUT A LOT OF THOUGHT AND WHERE THIS FOREFOOT CAME FROM BECAUSE THERE'S AN INVERSE CORRELATION BETWEEN FENCE HEIGHT AND AESTHETICS.
AND A LOT OF THOUGHT WENT INTO THIS AND THIS IS WHERE THE FOREFOOT COMES, COMES FROM.
UH, I HOPE WHEN YOU LOOK AT THAT, IT'S OUR WISH THAT YOU WOULD STAY WITH THAT BECAUSE I THINK IT ACCOMPLISHES EVERYTHING THEY HAD.
THE RULE'S BEEN THERE FOR A LONG TIME.
UH, DOES ANYONE ON THE PANEL HAVE A QUESTION FOR MR. WHEELER? THANK YOU VERY MUCH.
MS. BOARD SECRETARY, WE HAVE ANY OTHER SPEAKERS? MS. SONJA MATHESON.
IF YOU COULD PULL THIS DOWN JUST SLIGHTLY, I WANNA MAKE SURE I CAN SEE AND HEAR YOU.
I LIVE AT 45 44 KATINA LANE, DALLAS, TEXAS 7 5 2 2 9.
SO YOU ARE, I RECEIVED ONE, WE RECEIVED ONE OF THE LETTERS.
'CAUSE WE'RE WITHIN 200 FEET, BUT WE'RE ON THE, WE'RE YOU HAVE YOUR CORNER OF YOUR LOT IS
ALRIGHT, SO HOLD ON ONE SECOND.
OUR BOARD SECRETARY WILL SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE SIR.
SO, UM, YOU HAVE THE EQUAL NINE MINUTES AS EVERYONE ELSE DOES.
YOU DON'T HAVE TO USE IT UP, BUT YOU HAVE NINE MINUTES.
BUT BEFORE YOUR CLOCK STARTS, I'M GONNA ASK, WE, WE GET A MAP, IT'S IN EVERY PACKET THAT WE HAVE.
AND THE MAP SAYS THE PROPERTIES WITHIN THE 200 FEEDING NOTIFICATION AREA.
AND THIS SAYS THERE ARE 13 PROPERTIES.
SO YOU, YOU'RE ONE OF THOSE 13, YOU'RE THE TOP RIGHT CORNER THAT SAYS FOUR.
AND IF I LOOK AT THE ADDRESS, IT SAYS YOU'RE AT 4, 5, 4 4 KATINA.
BUT IT SHOWS YOU DIDN'T RESPOND.
OH, WE, YOU SHOULD HAVE RECEIVED AN EMAIL.
NOW IF, IF SOMEONE, BUT IT DIDN'T SHOW UP ON OUR MAP, TELL ME WHY THAT WOULD, WOULD IF THEY SENT AN EMAIL WITH AN ADDRESS, SHOULDN'T IT MADE THE MAP OR NOT? IF, IF IT WAS RECEIVED BEFORE 1:00 PM THE DAY BEFORE THE MEETING.
IT WAS SENT LAST THURSDAY, I BELIEVE.
OKAY, WELL, MS. DAVIS IS GONNA LOOK THROUGH THE, THE RESPONSES.
WHAT WE, I THINK YOU, I THINK YOU DID BECAUSE YOU DID A QUOTE.
ONE OF YOUR QUOTES WAS FROM OUR EMAIL.
WELL, SHE'S GONNA LOOK THROUGH TO SEE IF IT'S ON HERE.
SO THAT'S, THAT'S IN THE FAR RIGHT CORNER.
AND I ASSUME YOU'RE, YOU'RE, YOU WERE SUPPORTIVE OR OPPOSED? OPPOSED TO THE YES.
ALRIGHT, SO YOU HAVE NINE MINUTES.
IT, IT SAYS, YOU KNOW, I THINK IT STATES OUR FEELINGS ON
[02:35:01]
IT.SO WE'VE, WE'VE SEEN A GREAT DEAL OF CHANGES IN THE NEIGHBORHOOD IN THE TIME WE'VE BEEN THERE.
AND I KNOW FOR KATINA, WE'VE, WE'VE HAD A NUMBER OF THE NEWER HOUSES BUILT ON OUR STREET AND, UM, THERE ARE NO, YOU KNOW, WE HAVE NOT GOTTEN ANY REQUESTS FOR, UH, FENCES ON OUR BLOCK.
UM, SO WE LIKE THE OPEN FIELD.
THAT'S ONE OF THE REASONS WE'VE STAYED THERE.
BESIDES, YOU KNOW, THE, THE, UH, RAISING PROPERTY TAXES, TAXES HAVEN'T CHASED US AWAY MOSTLY BECAUSE OF THAT FEELING.
AND SO THAT'S WHY I JUST WANTED TO SPEAK IN SUPPORT OF THE EMAIL THAT WE SENT AND THE FACT THAT WE THINK FOUR, YOU KNOW, THE, THAT THE FOUR FEET FENCE REQUIREMENT IS ENOUGH.
THAT WAS ONLY A MINUTE AND A HALF.
UH, AND, AND I, I GUESS I WOULD, YOU SHOULD HAVE SPOKEN FIRST AND EVERYONE ELSE WOULD'VE FOLLOWED YOUR ONLY 1.5 MINUTES.
ONE THING I WOULD LIKE TO JUST ADD AS I THINK ABOUT IT, OH, THERE SHE GOES.
SHE'S FILIBUSTERING, UH, THE, THE FIRST SENATOR, THE US SENATE.
THE KATINA, KATINA, HARRY AND ISABELLA.
WE KIND OF CONSIDER THE PART THAT'S, YOU KNOW, ON THE ONE SIDE OF WELCH TOWARDS THE, YOU KNOW, THE CUL-DE-SACS TO BE OUR LITTLE NEIGHBORHOOD THAT WE KNOW PEOPLE BECAUSE WE'VE ALL GOT ONE ACRE LOTS.
THE ONES TO THE OTHER SIDE TO THE EAST HAVE BEEN TWO ACRE LOTS.
THERE'S ONE THAT WAS CHANGED, BUT THEY'RE ALL TWO ACRE LOTS, SO THEY'RE A LITTLE BIT DIFFERENT.
AND LENNOX IN FACT HAD DIFFERENT PROPERTY TAXES THAN WE DID AT ONE TIME, YOU KNOW, BECAUSE THEY CONSIDERED IT A DIFFERENT NEIGHBORHOOD.
SO, UM, THAT'S, THAT'S NO LONGER THE CASE.
BUT THE, YOU KNOW, MANY OF THE FENCE HEIGHT ONES THAT HE SHOWED WERE ON LENNOX, WHICH IS A LONG STREET AND, AND GOES A DIFFERENT DIRECTION FROM, FROM OUR STREETS.
NOW YOU MADE IT TO TWO AND A QUARTER.
UH, DID, DO WE HAVE ANY QUESTIONS FOR, UM, MS. MATHESON? NO QUESTIONS.
ANY OTHER SPEAKERS? MS. BOARD? SECRETARY? YES, SIR.
BRAD AK AND I'LL BE READY TO BE SWORN IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT, PLEASE? AND SIR, I DO.
AND I LOOK STRAIGHT DOWN THE STREET.
I'VE BEEN THERE FOR 29 YEARS WITH MY WIFE WHEN WE FIRST MOVED IN.
HOLD ON A SECOND, I'M GONNA ASK YOU THE SAME QUESTION I ASKED THE PREVIOUS SPEAKER.
I'M, I'M LOOKING AT MY CHART HERE.
YOU'RE GONNA LOOK AT THEM AND I'M, I'M JUST SHOWING YOU WHAT I'M DOING.
I'M LOOKING AT THE CHART THAT WE ARE GIVEN AND LABELING AND IT WAS UNLABELED AS FEEDBACK.
AND DO WE HAVE IT? HMM, JUST A SECOND.
SO WE FOUND THE EMAIL FEEDBACK HERE.
IT JUST DIDN'T MAKE IT TO OUR, OUR CHART FEEDBACK, SO I'M GLAD YOU'RE HERE.
SO YOU'RE, YOU'RE IN PROPERTY NUMBER 12 AT THE END OF THE CUL-DE-SAC DEAD STRAIGHT END, CORRECT? CORRECT.
I JUST WANTED TO MAKE SURE EVERYONE KNEW WHERE YOU WERE SPEAKING FROM, PROCEED.
OKAY, WELL, I GUESS I SHOULD FIRST BY SAYING THANK YOU FOR, FOR ALLOWING ME TO SPEAK AND HAVING LISTENED TO YOU FOR THE LAST TWO HOURS AS YOU'VE GONE THROUGH THIS, THIS CASE, UM, AMONG THE OTHER ONES THAT DID BEFORE, I, I HAVE TO TELL YOU, I'M QUITE IMPRESSED WITH HOW DILIGENTLY YOU'RE YOU, YOU TAKE YOUR JOB AND HOW SERIOUSLY YOU'RE TRYING TO FOLLOW THE, THE, THE LAW AND TO PROTECT OUR NEIGHBORHOODS.
SO I WOULD AGAIN, START BY SAYING WE'VE LIVED AT THE END OF HARRY'S LANE FOR 29 YEARS.
WHEN WE FIRST MOVED IN, I MEAN, I, YOU MAY NOT KNOW THIS, UM, BUT AT THAT TIME, AND I STILL THINK IT EXISTS TODAY, CODE ALLOWS US TO, FOR US TO HAVE HORSES.
AND WHEN I MOVED IN, HORSES ROUTINELY RAN UP AND DOWN THE STREETS.
UM, AND, AND THE STREETS AND THAT PASTORAL FEEL AND THAT COUNTRY FEEL HAS SORT OF RE SORT OF STAYED WITH US.
AND THAT'S PART OF THE REASON WHY ALL THE PEOPLE ON ALL THOSE STREETS HAVE KEPT THEM OPEN.
AND, UM, I WANNA, I WANNA SWITCH TO, SINCE, SINCE SO MANY AREAS OF, OF OUR COMPLAINTS HAVE ALREADY BEEN, UH, HAVE ALREADY
[02:40:01]
BEEN SPOKEN, I WANNA, I'M GONNA HONE IN ON A COUPLE.ONE IS THE SPECIAL CHARACTERISTIC OF A CUL-DE-SAC.
ONLY ONE STREET INN ONLY ONE WAY IN, ONLY ONE WAY OUT.
NOBODY JUST PASSES THROUGH THE NEIGHBORHOOD.
WE DON'T GET GAWKERS, PEOPLE COME NORMALLY TO VISIT OR IT'S PEOPLE THAT JUST LIVE THERE.
AND AS A RESULT, TRAFFIC SLOWS WAY DOWN.
WHEREAS THE AVERAGE TRAFFIC ON WELSH IS PROBABLY 30 AND PRETTY MUCH THE SAME ON LENNOX.
OUR TRAFFIC IS PROBABLY AVERAGES ABOUT SEVEN MILES AN HOUR JUST BECAUSE YOU DON'T HAVE TIME TO BUILD UP SPEED.
AND AS A RESULT OF THIS, IT CREATES SORT OF MICROCOSMS OR MICRO NEIGHBORHOODS WHERE THE, WHERE, BECAUSE OF IT'S OPEN, BECAUSE IT'S OPEN AND BECAUSE IT'S A CUL-DE-SAC, WE GET TO KNOW OUR NEIGHBORS.
WE KNOW PRETTY MUCH EVERYBODY ON THE STREET.
AND, AND I, I, I FINALLY HAD AN OPPORTUNITY TO MEET OUR NEW NEIGHBOR.
AND UM, AND UH, AND, AND I WOULD LIKE TO SAY THAT, UM, THAT SPECIAL FIELD THAT WE GET FROM BEING IN ON THE STREET, UM, GETS BROKEN UP WHEN YOU PUT A FENCE IN THE MIDDLE OF IT.
AND, UM, THAT'S ONE OF THE REASONS I'M OPPOSED TO IT.
WE LIVE AT THE CUL-DE-SAC, AND THIS HOUSE IS RIGHT AT THE EDGE OF OUR CUL-DE-SAC.
SO THERE'S THREE OF US IN THIS, THE CHAIR, THIS LITTLE CIRCLE.
AND THIS HOUSE IS SORT OF LIKE RIGHT AT THE EDGE OF OUR CIRCLE.
IF A, IF A FENCE IS PUT UP THERE, THAT'S SEVEN FEET.
AS I LOOK OUT MY FRONT YARD, APPROXIMATELY 30 TO 40% OF MY VIEW OUT THE FRONT IS COMPLETELY BLOCKED.
I, I DON'T, ALL I SEE IS A FENCE.
AND THAT IS VERY DETRACTING FOR ME AND MY ENJOYMENT OF THE PROPERTY.
BUT I THINK IT'S ALSO A DOWNSIDE FROM, FOR THE VALUE OF MY HOUSE, BECAUSE I DON'T THINK ANYBODY WANTS TO SEE THAT.
AND IF A SEVEN FOOT FENCE WERE ALLOWED, THERE'S NOTHING TO STOP THE BUILDER ACROSS THE STREET FROM APPLYING FOR THE SAME SPECIAL EXEMPTION.
AND THAT WOULD FORM TWO SEVEN FOOT FENCES AND ALL IT WOULD BE, WE WOULD BE LEFT WITH IS JUST A LITTLE KEYHOLE DOWN THE MIDDLE OF THE STREET.
AND, AND WE'D BE, IT WOULD BE FEEL LIKE WE'RE SORT OF IN JAIL AND AS OPPOSED TO BEING IN THE COUNTRY.
AND AS A RESULT, I'M, I'M AGAINST IT FOR THAT.
AND, AND THE FACT THAT OUR CUL-DE-SAC HAS A SPECIAL FEEL TO IT.
AND THE ONE ON CANTINA HAS THE SAME, AND THE ONE ON ISABELLA HAS THE SAME.
WE ARE THE NEIGHBORHOOD, AND I TAKE EXCEPTION TO THE EVIDENCE, UM, THAT'S BEEN, UH, SUPPLIED BY THE APPLICANT ABOUT THE INCLUSION OF LENNOX, WHICH HAS ALREADY BEEN MENTIONED.
IS, IS, IS, IS, IS ABOUT THREE QUARTERS OF THE ENTIRE LENGTH OF IT IS TWO, THREE AND FOUR ACRE LOTS.
THAT'S, THAT SHOULDN'T EVEN BE INCLUDED.
AND ALL THOSE HOUSES, UH, ALL THOSE HOUSES THAT ARE CORNER HOUSES, UM, WHICH HAVE FENCES, INCLUDING THE TWO ON THE END OF OUR STREET, THEY HAVE SIDE, THEY'RE, THEY'RE ALL SIDE FENCES.
AND ANYBODY WHO LIVES ON A LONG WELCH SHOULD PUT UP A, I MEAN, TO BLOCK ALL THAT TRAFFIC, I'D PUT UP A FENCE AND IT WOULD ONLY BE ARCHITECTURALLY BALANCING TO WRAP THAT FENCE AROUND.
I ALSO TAKE EXCEPTION TO THE FACT THAT THIS FENCE IS LESS OBTRUSIVE THAN THE, THAN THOSE TWO FENCES THAT ARE AT THE VERY END OF OUR CUL-DE-SAC TIME, WHICH I CONSIDER OUR SENTINELS OF, OF OUR LITTLE NEIGHBORHOOD.
UM, HE CLAIMS THAT IT'S, THAT IT'S LESS OBTRUSIVE WHEN IN FACT HIS COLUMNS ARE ALL TWO INCH, TWO INCHES WIDE AND SIX OR SEVEN FEET TALL.
THOSE OTHER ONES ARE 16 INCHES WIDE, ALL OF 'EM.
AND THE PREVAILING HEIGHT OF HIS FENCE IS A MINIMUM OF SIX FEET.
AND THE PREVAILING HEIGHT OF THOSE FENCES IS LESS, THEY ALL DIP DOWN BETWEEN THE FENCES.
SO THEY DIP DOWN SOME OF THEM ONLY TO FOUR AND A HALF FEET OR FIVE FEET.
AND, AND, AND ALONG THE PORTION OF THE HARRY'S PORTION OF THOSE CORNER LOTS, THOSE FENCES ARE LESS OBTRUSIVE THAN THIS ONE IS.
SO I THINK THE APPLICATION IS A LITTLE INACCURATE IN THAT REGARD.
[02:45:01]
LET'S SEE.I GUESS THAT'S, I, EVERYONE ELSE THAT HAS SPOKEN HAS ALREADY DONE A GOOD JOB AND I DON'T HAVE ANYTHING ELSE TO SAY.
AND IF YOU HAVE ANY QUESTIONS FOR ME, I'D BE HAPPY TO ANSWER.
QUESTIONS FOR THIS SPEAKER? NO QUESTIONS.
AND WE SERVE OUT A PASSION, SIR.
I APPRECIATE YOUR COMMENTS ABOUT US.
UH, WE SERVE OUT A PASSION FOR BEING LONGTIME RESIDENTS AND CITIZENS OF DALLAS AND WE COME FROM ALL ACROSS THE CITY.
SO IT'S IT FOR ME, IT'S EXHILARATING TO SEE THE DIFFERENT SLICES OF DALLAS.
SO THE CITY DOES PROVIDE, TAXPAYERS DO PROVIDE, UM, UH, ICED TEA AND A BOXED LUNCH, BUT THAT'S OKAY.
AND COFFEE IN THE MORNING, MAYBE COFFEE IN THE AFTERNOON SOON.
MR. MARY MENTIONED THAT EITHER MAYBE COFFEE IN THE AFTERNOON, WE'LL WE'LL CONSIDER THAT.
UH, MS. WILLIAMS, DO WE HAVE ANY OTHER SPEAKERS? MS. JOYCE
HOW ARE YOU? PULL THAT WAY DOWN.
I WANT TO BE ABLE TO SEE YOU A LITTLE BIT FARTHER DOWN.
4 5 0 5 HARRY'S LANE, DALLAS, TEXAS 7 5 2 2 9.
AND I'M AT, UH, RIGHT AT THE END OF THE CUL-DE-SAC.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UM, I HAVE VERY LITTLE TO ADD AFTER LISTENING TO ELI, SHERRY, BRAD, JERRY, SONIA.
BUT THERE WERE A COUPLE THINGS THAT I WOULD JUST LIKE TO EMPHASIZE AND I'M GONNA JUST, MY NOTES ARE ALREADY HAVE ALL BEEN SAID.
UM, WE'VE LIVED ON HARRY'S LANE FOR 29 YEARS AND I UNDERSTAND EVERYBODY HAS REASONS TO PUT UP A FENCE.
AND ONE OF THEM IS SECURITY IN 29 YEARS.
AND I DO WANNA KNOCK ON WOOD
'CAUSE THE MOMENT YOU SAY IT, SOMETHING HAPPENS.
AND I DID WANT TO, UM, TO MENTION THAT, AND I DON'T EVEN REMEMBER THE LAST TIME A SOLICITOR CAME TO OUR DOOR, BUT THEN AGAIN, WE DO HAVE A TWO, TWO-YEAR-OLD PUPPY WHO LETS US KNOW IF ANYONE'S AROUND.
UM, THEN THE ONLY OTHER THING THAT I WANTED TO REITERATE, UH, ON OUR BLOCK OF HARRY'S AND KATINA AND ISABELLA, THERE IS ONE FOUR FOOT FENCE ON THE SIDE STREETS ONE, AND THAT'S THE NEW HOUSE THAT WENT UP ON OUR STREET AND WITH NO COMPLAINTS.
EVERYBODY'S FINE WITH THAT FOUR FOOT FENCE.
THE HIGHER FENCES ARE ALL ALONG THE BUSY ROAD OF WELCH AND LENOX.
OTHERWISE THERE ARE NO FENCES AT ALL.
AND, UM, YOU KNOW, I AGREE WITH SHERRY, UH, WHEN SHE TALKS ABOUT HER GRANDCHILDREN PLAYING, UH, MY KIDS, WHICH ARE GROWN AND LIVE IN NEARBY NEIGHBORHOODS, RODE THEIR BIKES UP AND DOWN THE STREET PLAYED, YOU KNOW, WE, WE JUST DIDN'T HAVE ANY ISSUES.
AND, UM, I JUST WANTED TO PUT IN MY 2 CENTS THAT I OPPOSE THIS VARIANCE.
WE APPRECIATE YOUR WORDS AND YOUR, YOUR FEEDBACK.
ANY QUESTIONS FOR THE SPEAKER? THANK YOU VERY MUCH, MS. BOARD SECRETARY.
ANY OTHER SPEAKERS ON THIS CASE? NO, THE SPEAKERS, SIR.
UM, I DON'T KNOW IF MR. LEWIS IS GONNA COME FORWARD OR MR. COLE'S GONNA COME FORWARD, BUT THE APPLICANT IS ALLOWED A FIVE MINUTE REBUTTAL ASKING THE PURPOSE,
I'M GONNA REPEAT WHAT I SAID BECAUSE I'M, I'M NOT GONNA INTERPRET.
SAYS THAT THE APPLICANT IS ALLOWED.
YOU, YOU TOOK NINE AND I'VE GIVEN NINE TO EVERYONE ELSE.
AND THEN AT THE END IT SAYS, THE RULES SAY, AND THE APPLICANT'S ALLOWED A FIVE MINUTE REBUTTAL.
THAT MEANS YOU CAN USE THE TIME AS YOU WISH THE APPLICANT, IF I ANYTHING YOU CAN WITHIN YOUR FIVE MINUTES.
AND I'M NOT GONNA EXTEND THE FIVE.
SO IT'S, SO IT'S FIVE MINUTES IN TOTAL.
UM, I WANNA ADDRESS ONE MAIN THING.
THERE'S BEEN LOTS OF DISCUSSION ABOUT, OH, THANK YOU.
THERE'S BEEN A LOT OF DISCUSSION ABOUT, I KEEP HEARING ABOUT LENNOX AND WELCH AND LENNOX AND WELCH.
LENNOX AGREED IS A STRAIGHT STREET WHEN WELCH IS A SIDE STREET.
SO ALL THESE TALL FENCES THAT THEY SAY THEY UNDERSTAND ARE SIDE FENCES
[02:50:01]
AND ARE ALLOWED.SECOND OF ALL, I MET WITH STAFF TO DEFINE THE AREA.
NO ONE EVER ONCE ONCE TOLD ME IT WAS INTERIOR ONLY THAT WE NEEDED TO PRESENT ONLY THESE THREE STREETS.
I WAS ACTUALLY ADVISED BY VARIOUS STAFF MEMBERS WITH THE CITY THAT IT WAS MADE A LOT OF SENSE TO DO THE TWO STREETS UP TWO STREET SIDE TWO, THEY'D ACTUALLY EVEN TOLD ME TO GO FARTHER, BUT I DIDN'T THINK THAT WAS APPROPRIATE.
I I LOVE THE IDEA OF NEIGHBORS AND COMMUNITY AND PASTORAL AND HORSES COMING DOWN THE STREET.
I JUST WISH NEIGHBORS, IF THAT WAS THE CASE AND THAT WAS THE FEEL, WHY DIDN'T ANYONE KNOCK ON OUR DOOR? WHY DID ANYONE COME AND SAY, HI, I WELCOME TO NEIGHBORHOOD AND HOW CAN WE WORK TOGETHER TO MAKE THIS HAPPEN? I JUST, I, I FIND THIS AMAZING, UM, ONE COMMENT WAS ABOUT TATUM AND ALFRED AND THE BUILDERS BEING BUILDERS.
AND I KNOW IT DOESN'T MATTER, BUT WHAT WAS SENT WAS FROM THE OWNER.
THE BUILDERS JUST WHO WERE, WHO WE ARE.
OUR CONTACTS WERE TO FACILITATE THE ACTUAL OWNER REPRESENTATION, I PROMISE.
UM, AND AS FAR AS MY SUBJECTS TO CHANGE, ABSOLUTELY THAT'S PLANT MATERIALS.
LIKE IF I'M SAYING THAT OBVIOUSLY FINAL THINGS MIGHT CHANGE.
UM, THE MAIN THING I JUST KEPT HEARING HONESTLY, OTHER THAN PASTORAL NEIGHBORHOOD, IS THEY DON'T WANT A FENCE.
WE HAVE THE RIGHT TO BUILD A FENCE AND I DON'T KNOW IF CAMIKA, CAN YOU PULL UP ANYTHING ELSE THAT I EMAILED YOU OR NO? OKAY.
THE REALITY IS, AND I SAY THIS IN WITH RESPECT, WE ARE PUTTING UP A FENCE.
IF IT'S FOREFOOT, WE ARE GOING TO PUT UP A BUNCH OF BIG, LIKE NELLY, R STEVEN, THAT THESE GUYS ARE VERY CONCERNED ABOUT SECURITY, BOTH FROM MR. LEWIS'S WIFE BEING THERE BY HERSELF, AS WELL AS THEY STILL HAVE CHILDREN IN THE HOME.
OUR CHOICES ARE TO HAVE THE VERY I WHAT I'VE SHOWN SO FAR, WHICH IS THE VERY OPEN STYLE, REMOVING THE COLUMNS.
LIKE LITERALLY INSTEAD OF EIGHT FOOT HAVING 16 FOOT WIDE OPEN IRON FENCING OR IT'S ON YOUR, IT SHOULD BE YOUR EMAIL IF YOU COULD BRING IT UP.
THE OPTION WHICH WE ABSOLUTELY PREFER NOT TO DO, IS TO SCREEN WITH PLANT MATERIAL.
IT IS COMPLETELY WITHIN OUR RIGHTS TO DO THAT.
WE DO NOT WANT TO, THAT IS NOT WHAT WE WANT TO DO.
BUT WE GOTTA HAVE THE SECURITY AND WE NEED THE FENCE.
THAT IS WHY WE HAVE THIS REQUEST.
AND WHAT WE HAVE SHOWN YOU IS WHAT IS PROPOSED AND WHAT IS OUR CONSIDERATION.
AND, UM, THAT'S WHAT WE'RE, THAT'S WHAT THE, THE PERMIT WILL BE FOR.
THAT'S WHAT WE'RE TRYING TO DO IS THE RIGHT SIDE, NOT THE LEFT, GOING TO A FOUR FOOT MAX STANDPIPE WILL THEN PAUSE US TO HAVE TO ADD ADDITIONAL SCREENING FOR SECURITY PURPOSES.
SO, UM, THAT'S HONESTLY THE MAIN REBUTTAL AT THIS TIME.
IF THERE, UNLESS THERE'S ANY OTHER QUESTIONS, YOU STILL HAVE ANOTHER, ANYTHING YOU WANNA ADD? YEAH.
UH, MR. CHAIRMAN, HOW LONG DO I HAVE? TWO MINUTES PLUS OR MINUS
I ALWAYS LET PEOPLE FINISH THEIR SENTENCE.
NO, THAT, AND YOU, YOU HAVE TWO MINUTES PLUS FINISH YOUR SENTENCE.
HOW'S THAT? THANK YOU VERY MUCH.
YEAH, I JUST, I WANNA REITERATE, AND I, I KNOW THE WAY THE NUANCE OF THE APPLICATION IS WE FILED, THIS IS NOT A SEVEN FOOT FENCE.
I THINK WE'VE SORT OF BEAT THAT UP.
UH, BUT THIS IS NOT A, A SEVEN FOOT FENCE.
UH, SO WE'RE TALKING ABOUT A FIVE AND A HALF, FIVE AND SOME INCHES PANEL FENCE THAT'S NOT SITTING ON ANY SORT OF MASONRY.
AND I, WHAT, YOU KNOW, WHAT I RESPECT, UH, SOME OF THE OTHER SPEAKERS THOUGHT THERE'S NO EVIDENCE PRESENTED TODAY.
OR ACTUALLY I THINK THAT COULD BE PRESENTED AT A FENCE, DECREASES THE HOME VALUE ON A STREET OR A NEIGHBORHOOD.
UH, KNOW THERE WAS NOTHING PUT ON A TODAY, I RESPECT THEIR OPINION.
UH, BUT IT'S, IT'S OPINION AT THIS POINT.
UM, AS CHRIS MENTIONED, THE OTHER, UH, IT'S MENTIONED THREE BUILDERS.
THOSE ARE ACTUALLY TWO HOMEOWNERS, OUR TWO NEW, TWO OF OUR NEW NEIGHBORS, UH, THAT ARE SUPPORTING THAT AS WELL.
THEY JUST HAPPENED TO HAVE HIRED THE BUILDERS WHO WE WERE WORKING THROUGH TO GET THEIR INFORMATION.
UH, AND I RESPECT THE IDEA OF GRANDCHILDREN SORT OF RUNNING AROUND, BUT I, I LOVE OUR GRANDCHILDREN.
I LOVE ALL THE GRANDCHILDREN, BUT I DON'T WANT 'EM TO RUN ACROSS MY YARD TO BE HONEST WITH YOU.
I DON'T KNOW IF I HAVE ENOUGH INSURANCE FOR THAT.
UM, AND JUST THE, YOU KNOW, THE, THE THOUGHT OF KEEPING THIS OPEN FIELD IS REALLY WHAT WE'RE TRYING TO ACHIEVE HERE.
I MEAN, I JUST WANT TO SAY THAT FIRST
[02:55:01]
AND FOREMOST IN KEEPING THE INTEGRITY OF THE NEIGHBORHOOD AND OPEN FIELD AND NOT GO TO, YOU KNOW, A FOUR FOOT FENCE WITH A 12 FOOT HIGH HEDGE BEHIND IT, BECAUSE THAT'S WHAT IT'S GONNA BE AND THAT'S NOT GONNA BE OPEN AT ALL.AND SO WE'RE REALLY TRYING TO GO WITH THIS VERY, VERY OPEN FORMAT THAT REALLY MAINTAINS THAT VERY OPEN FEEL OF THE NEIGHBORHOOD, UH, AND DECREASING THE, YOU KNOW, OR INCREASING THE TRANSPARENCY OF THE MATERIALS AS MUCH AS WE POSSIBLY CAN.
UM, WE'VE HEARD FROM THE APPLICANT, WE'VE HEARD FROM, UH, SUPPORT OF THE APPLICANT.
WE'VE HEARD FROM, UH, THOSE IN OPPOSITION.
UM, THE CHAIR WOULD ENTERTAIN A MOTION.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 9 6 ON APPLICATION OF CHRISTOPHER COLE DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SEVEN FOOT HIGH FENCE WITHOUT PREJUDICE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY, UH, IN THE MATTER OF BDA 2 2 3 0 9 6.
UH, MS. DAVIS HAS MADE THE MOTION TO DENY THE REQUEST FOR A SPECIAL EXCEPTION TO MAINTAIN, TO CREATE A SEVEN FOOT EYE FENCE WITHOUT PREJUDICE.
IT'S BEEN SECONDED BY MR. NER DISCUSSION ON THE MOTION.
MS. DAVIS, THEN MR. NER, MS. DAVIS, THERE'S JUST TOO MUCH OPPOSITION FOR ME TO APPROVE THIS.
I MEAN, IT'S VERY CLEAR THAT YOU'VE GOT A LOT OF PASSIONATE PEOPLE IN YOUR NEIGHBORHOOD.
THE FACT THAT YOU ALL CAME DOWN HERE TO VOICE YOUR FEEDBACK, UM, THERE'S JUST TOO MUCH OPPOSITION.
SO THAT'S WHY I AM MADE THE MOTION AND I'M SUPPORTING THE MOTION.
I WOULD ENCOURAGE Y'ALL, I WE HAVE NO CONTROL OVER THIS, BUT I WOULD ENCOURAGE YOU TO MEET WITH YOUR NEIGHBORS AND COME UP WITH SOME, COME UP WITH SOMETHING THAT, THAT MAKES SENSE.
AND I, I UNDERSTAND THAT YOU PUT THIS OPTION UP HERE.
I DON'T THINK YOU MEANT IT TO BE IN A THREATENING WAY AT ALL.
UM, BUT I WOULD WORK WITH YOUR NEIGHBORS BECAUSE YOU'RE ALL GONNA BE THERE FOR A REALLY LONG TIME.
SO THERE MIGHT BE A WAY THAT YOU CAN GO TO THEM AND SAY, HOW ABOUT A FIVE FOOT FENCE WITHOUT THE SHRUBS? I DON'T KNOW.
BUT I HATE TO SEE DISRUPTION IN OUR NEIGHBORHOODS.
I'M A VERY PROUD DALLASITE AND YOU'RE ALL GONNA BE AROUND IN YOUR NEIGHBORHOOD.
NO ONE'S LEAVING AND YOU ALL NEED TO GET ALONG.
SO I WOULD JUST, HOPEFULLY THERE'S OPEN COMMUNICATION ON BOTH PARTS THAT YOU CAN COME TO AN AGREEMENT, BUT UNFORTUNATELY I CANNOT SUPPORT A SEVEN FOOT FENCE.
MS. DAVIS JUST, UM, SAID, UM, THIS IS A VERY INTERESTING CASE BECAUSE I MYSELF LIVE ON A CUL-DE-SAC AND I KNOW THE DESIRABILITY OF LIVING ON A CUL-DE-SAC.
UM, I'M ALSO A LICENSED REALTOR HERE IN THE CITY.
UM, AND IT'S FUNNY THAT MR. COLE BROUGHT UP THIS, UH, OPTION OF PUTTING IN NELLY R STEVENS OLLIE, UM, BECAUSE THAT'S EXACTLY WHAT I HAVE IN MY FRONT YARD WITHOUT A FENCE.
AND IT CREATES A WONDERFUL BARRIER THAT'S PROBABLY EIGHT, MAYBE NINE FEET TALL NOW.
BUT IT'S, BUT IT PROVIDES FOR BOTH, UH, PRIVACY AND SECURITY.
SO THAT MAY BE AN OPTION THAT YOU WOULD LIKE TO DISCUSS WITH THE NEIGHBORS AS WELL.
UM, BUT AGAIN, I WOULD LIKE TO REITERATE AND SAY HOW IMPRESSED I WAS, UH, THAT, THAT THE NEIGHBORS TOOK TIME OUTTA THEIR DAY TO COME DOWN AND VOICE THEIR OPINION HERE.
I COULDN'T HELP BUT NOTICE THAT FOUR OF THE FIVE PEOPLE AGAINST IN THE ZONE, IN THE NOTIFICATION ZONE AREA ARE ACTUAL RESIDENTS OR HOMEOWNERS VERSUS TWO OF THREE IN FAVOR, WHICH ARE BUILDERS AND DEVELOPERS.
ALFRED AND TATUM BROWN, WHICH I KNOW ARE PROMINENT BUILDERS IN THE PRESTON HOLLOW AREA.
UM, THAT NEIGHBORHOOD, IT DOES HAVE A COUNTRY FEEL.
THERE'S MANY STREETS IN PRESTON HOLLOW THAT AREN'T EVEN CURBED.
SO I CAN APPRECIATE THE, UM, THE OPEN THE DESIRABILITY FOR AN OPEN PASTORAL KIND OF FEEL IN THE NEIGHBORHOOD.
SO THAT'S THE REASON WHY, UH, I'M, UH, GONNA VOTE TO DENY.
OTHER DISCUSSION ON THE MOTION I WILL SUPPORT THE MOTION TO DENY OUR CRITERIA AS A BOARD OF ADJUSTMENT IS VERY SIMPLE.
THE BOARD MAY GRANT A SPECIAL EXCEPTION TO DEFENSE REGULATIONS WHEN IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AS I SAID EARLIER TODAY, WHETHER IT'S THIS CASE OR PREVIOUS CASES, UM, YOU KNOW, THE STATE, THE CITY COUNCIL DOES NOT SPECIFY WHAT ADVERSELY EFFECT MEANS.
IT DOESN'T SPECIFY NEIGHBORING PROPERTY.
[03:00:01]
IT GIVES US ELEMENTS TO THAT.THE NOTIFICATION PROCESS OF NOTIFYING 13 ADJACENT PROPERTY ORDERS GIVES US ELEMENTS TO BE ABLE TO DETERMINE, UH, NEIGHBORING.
UM, I WAS VERY IMPRESSED BY THE INITIAL APPLICATION THAT WAS PROVIDED WITH THE OTHER COMPARISON ON THE FENCES.
BUT THE MORE THAT I HEARD TESTIMONY TODAY, NOT JUST FROM THE OPPOSITION OR FROM THE A, BUT IN TOTALITY, THE THINKING OF THIS IS A STREET, THIS IS A NEIGHBORHOOD.
HOW DOES THIS COMPARE TO ADJACENT STREETS ADJACENT? IS IT ALL PART OF THE SAME SORT OF NEIGHBORHOOD? AND, UH, MY COMMENT, I CAN'T REMEMBER TO WHO WAS THE SHORTER THE STREET, THE MORE IMPACTFUL THAT THE CHANGES THAT OCCUR ARE WITHIN THAT SHORT STREET.
UM, AND SO I'M NOT AGAINST FENCES.
I'M NOT FOR FENCES, BUT I AM FOR MAINTAINING THE SEMBLANCE OF WHAT INDIVIDUAL NEIGHBORHOODS REPRESENT.
AND, UM, IT IS DEMONSTRATIVE TO ME THAT AS I DO THIS SIMPLE LITTLE MAP THAT THE CITY GIVES US, THAT I'M WRITE THESE LITTLE COLOR CODES.
AND IF YOU WITNESS THIS MORNING AND THIS AFTERNOON, I'M ALL, I'M WONDERING WHERE PEOPLE ARE SPEAKING FROM WHAT, SPEAKING WHAT, WHAT GEOGRAPHIC AREA.
IT'S DEMONSTRATIVE THAT IT'S, IT'S BASICALLY A CLUSTER OF NOS.
NOW THAT DOESN'T, THAT DOESN'T MAKE OR BREAK THE ISSUE, BUT IT CERTAINLY WEIGHS ON ME OF WHAT IS THE NEIGHBORHOOD THINKING AND SAYING, I ECHO MS. DAVIS'S COMMENT, UM, BEFORE US IS A REQUEST FOR SEVEN FEET.
IT IS NOT THE BOARD OF ADJUSTMENTS ROLE TO SAY IT SHOULD BE FIVE FEET, IT SHOULD BE NINE FEET.
IT IS OUR ROLE TO TAKE THE EVIDENCE THAT'S PRESENTED TO US AND THEN MAKE A JUDGMENT.
IT IS IMPORTANT THAT ANYONE MAKING SUCH A THING, MAKING A REQUEST, REALIZE THAT THE CODE SAYS THAT IT'S A FUNCTION OF AFFECTING NEIGHBORING PROPERTY, AND THAT IS THE BASIS BY WHICH A REQUESTER SHOULD THINK ABOUT THEIR REQUEST.
AND SO FROM THAT BASIS, I WILL SUPPORT THE MOTION TO DENY ANY OTHER DISCUSSION ON THE MOTION.
ONE OTHER THING, UM, IF THE BOARD BOARD VOTED TO, TO APPROVE YOU, OBVIOUSLY MOVE ON, GET A BUILDING PERMIT AND SO FORTH.
IF THE BOARD, IF THE BOARD VOTED TO DENY, THERE ARE TWO OPTIONS ON DENIALS.
IF THE BOARD VOTES TO DENY WITH PREJUDICE, IT MEANS THAT THE APPLICANT CANNOT COME BACK FOR TWO YEARS UNLESS THERE'S A CHANGE OF CIRCUMSTANCES.
IF ON THE OTHER HAND, THE BOARD VOTES TO DENY WITHOUT PREJUDICE, THE APPLICANT CAN COME BACK TOMORROW WITH THE SAME REQUEST OR WITH A MODIFIED REQUEST.
SO I'M JUST TELLING YOU WHAT THE LAW SAYS AND WHAT THE, THE CHOICES WE HAVE AS A AGENT OF THE CITY.
NOW WE CAN GO AHEAD AND TAKE THE VOTE.
UH, AND AGAIN, THIS IS A MOTION TO DENY MR. HOPKIN WITHOUT PREJUDICE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 2 3 DASH 0 9 6.
THE BOARD ON A VOTE OF FIVE TO ZERO UNANIMOUSLY DENIES THE REQUEST WITHOUT PREJUDICE FOR THE REQUEST TO CONSTRUCT AND MAINTAIN A SEVEN FOOT HIGH FENCE SPECIAL EXCEPTION.
AGAIN, THE APPLICANTS WITHIN THEIR RIGHT TO FILE TOMORROW OR WHATEVER TIME GOING FORWARD, THAT IS WITHIN THE CODE.
THE APPLICANT HAS A RIGHT UNDER THE CODE TO BUILD A FOREFOOT FENCE.
SO, BUT THAT IS THOSE THINGS BY RIGHT.
OUR, OUR BUSINESS IS CONCLUDED HERE ON THIS CASE.
AND I THANK EVERYONE FOR BEING HERE.
GIVE US A, WE'RE GONNA TAKE A FIVE MINUTE RECESS.
WE HAVE TWO REMAINING CASES, TWO REMAINING CASES.
IT IS 4:15 PM ON THE 14TH OF NOVEMBER.
UH, WE WILL RECESS UNTIL 4:20 PM THANK YOU.
[03:09:07]
[03:11:09]
OKAY.IT IS 4:22 PM ON THE 14TH OF NOVEMBER, AND THE BOARD OF ADJUSTMENT PANEL A IS CALLED BACK TO ORDER.
WE HAVE TWO REMAINING CASES ON OUR AGENDA TODAY.
THE NEXT ITEM ON THE AGENDA IS 2 2 3 1 0 2 2 2 3 1 0 2.
THIS IS AT, UM, 5 4 3 4 ROSS AVENUE.
LUCKY YOU, YOUR SECOND TO LAST, JUST AS IMPORTANT AS SECOND TO FIRST.
UM, IF YOU WOULD GIVE US YOUR NAME AND YOUR ADDRESS, AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
MY NAME IS, UH, GILBERT CORTEZ.
MY ADDRESS IS 1 4100 MONTFORD AVENUE, ADAM DRIVE, DALLAS, TEXAS 75 2 5 4.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
ALL RIGHT, MS. WILLIAMS, DO WE HAVE ANY OTHER SPEAKERS ON THIS CASE? NO OTHER SPEAKERS, SIR.
ALRIGHT, SO AS I'VE SAID IN THE PREVIOUS CASES, WE ARE IN RECIPIENT OF EMAIL FEEDBACK FROM SURROUNDING PROPERTY OWNERS AND THE LIKE.
AND SO JUST AS I DID THIS MORNING, I'LL DO THAT AGAIN IN EACH CASE.
I WILL PASS ON DURING THE CONVERSATION HERE, THE FEEDBACK SO WE'RE NOT SHUFFLING PAPERS THAT YOU'RE, AND DON'T IF THIS IS ALL PUBLIC KNOWLEDGE.
UM, ALRIGHT, SO YOU HAVE FIVE MINUTES PLUS OR MINUS, AND I WILL BE ELASTIC TO GIVE YOU AMPLE TIME TO SPEAK, UM, TO PRESENT TO THE BOARD.
THANK YOU HONOR, HONORABLE MEMBERS OF, UH, THE BOARD.
MR. CHAIRMAN, I'D LIKE TO PRESENT SOME ASPECTS THAT, UH, PROBABLY YOU ARE NOT, DOES NOT KNOW ABOUT THIS, UH, THIS, UH, APPLICATION.
AND THAT'S WHY, UH, WE PROCEED WITH THIS, UH, WITH THIS, UM, PROCESS ON THE, THE RECOMMENDATIONS OF, UH, UH, MS. UH, ANN HAMILTON AND ALSO MS. UH, UM, DIANA
I FOUND, UH, 14, NO, YEAH, 14 LETTERS OF SUPPORT FROM BUSINESS OWNERS AROUND THE, THE BUSINESS THAT THAT, UH, HAS THE APPLICANT AND 364 SIGNATURES BY EMAIL OF SUPPORTERS AS WELL.
AND FAVOR OF THIS, UH, EXCEPTION.
THE ASPECT THAT I'M REFERRING TO OR I LIKE TO PRESENT HAS TO DO NUMBER ONE WITH THE PLATT.
THIS PROPERTY, OR ACTUALLY THIS BUILDING DOES NOT CHOSE ON THESE CITY COUNTY PLATT AT ALL.
IT'S OUT OF THE BOUNDARIES COMPLETELY.
AND, AND I DON'T KNOW IF, UH, UM, BECAUSE OF THAT, ANY OF THE, THESE RULES APPLY TO THAT PROPERTY FOR THIS
[03:15:01]
BUILDING.PARTICULARLY THE PROPERTY IS OWNED BY NIEV FAMILY.
IT'S A CONGLOMERATE OF, UH, YOU KNOW, REAL ESTATE COMMERCIAL BUSINESSES, WELL KNOWN AT CITY HALL, AND ALSO WELL KNOWN HERE.
IT CAUGHT MY ATTENTION THAT DURING THE HEARINGS OF BRIEFINGS THIS MORNING, UM, I HEARD THAT THE APPLICANT, UH, DID NOT, UH, YOU KNOW, GET A PERMIT.
UH, THE, THE, THE, UM, BUILDING ALREADY HAD A PERMIT.
WE'RE TALKING ABOUT A PROPERTY THAT'S ALMOST A CENTURY OLD, RULED BY ALL, ALL REGULATIONS OVER SO MANY DECADES.
UH, MR. RODRIGUEZ, UH, LEASES THIS, UH, BUILDING FOR THE RESTAURANT QUERO.
MR. RODRIGUEZ RODRIGUEZ IS A FINE YOUNG MAN, VISIONARY, AND ALSO, UM, VERY, VERY NICE PERSON WITH THIS COMMUNITY AND BUSINESS PEOPLE.
AND, UH, AS A IMMIGRANT, THE CITY IS KNOWN FOR PROSPERITY.
THE CITY OF DALLAS IS KNOWN FOR ETHNICAL DIVERSITY.
AND ALSO THE CITY DOLLARS ALSO IS KNOWN FOR BUSINESS FRIENDLY.
HOWEVER, UM, HE PAID FEES FOR APPLICATION TWICE.
NOT TO, NOT TO MENTION FOR, FOR THIS PROCESS WITH THE BOARD OF ADJUSTMENTS EXCEPT SPECIAL EXCEPTION.
AND DURING THAT PROCESS, THE, UH, MAIN CONTRACTOR AT THE TIME, MIKE RIN, WHICH WHICH NAME IS WELL KNOWN, YOU KNOW, IN THE LOCAL BUSINESSES, DID NOT MEET THE EXPECTATIONS.
AND THEY WERE, YOU KNOW, A LOT OF, A LOT OF PROBLEMS WITH THAT.
SO, UM, UH, YOU KNOW, BUT HE, HE, UM, HE WANTED A PERMIT AND HE PAID AGAIN.
AND, UH, THE, UH, THE OTHER, THE OTHER POINT THAT IS IMPORTANT IS THE FACT THAT THE PROPERTY ITSELF IS, IT WAS, AND STILL IS, ALMOST AS IT AS IT WAS FROM THE VERY BEGINNING.
UH, HE, HE WORKED ON THE PATIO AND YES, HE BUILT THE, UH, THE CANOPIES FOR THE COMFORT OF, YOU KNOW, OF, UH, PATRONS, CUSTOMERS COMING TO THE RESTAURANT.
UH, HE PUT SOME CANOPIES OUT THERE, UM, WITHOUT THE ADVICE OF THE CONTRACTOR.
BUT THAT'S WHY YOU HIRE CONTRACTORS BECAUSE YOU ARE A BUSINESS PERSON.
YOU ARE ENTREPRENEUR, AND, AND YOU WANNA, YOU, YOU WANT SOMETHING BEAUTIFUL, NICE.
UH, THAT LOCATION USED TO BE A TIRE SHOP.
FILTHY, YOU'RE TIRE TIMELESS UP.
UH, YOU KNOW, UH, YOU SOME SEED FOR A LITTLE BIT LONGER.
OKAY? AND, UH, SO, SO HE CONVERTED THIS, THAT PLACE IN A WONDERFUL, BEAUTIFUL RESTAURANT.
UH, HE SPENT MORE THAN $165,000 IN THAT PROPERTY, WHICH OWNS TO THE NAJA FAMILY.
BUT HE WANTED TO CREATE SOMETHING WITH A NEW CONCEPT PROVIDED, UH, YOU KNOW, UH, IS PROVIDING JOBS, PAYS, TAXES, UH, AND IT'S A WONDERFUL ATMOSPHERE.
AND, AND THE, AND THE, AND, AND THE, THE FOOD IS VERY NICE, IS, UH, VERY PEACEFUL.
HE'S A, A, UH, PINE CHEF TOO, UH, MR. RODRIGUEZ.
AND, UM, THE, THE, THE OTHER POINT HERE IS, UH, THE SETBACK, NEEDED EXCEPTION NEEDED FOR THE 15 FEET, YOU KNOW, CLEARANCE MORE LIKELY IS THE, THE BIG ISSUE AS WELL.
SO IT APPEARS THAT GIVEN THE CIRCUMSTANCES, IT'S VISIBLE FOR THIS BOARD TO RECONSIDER, UH, THE RECOMMENDATION OF DENIAL AND, AND, AND ANALYZE CAREFULLY ALL THE OVERALL ASPECTS OF THIS PARTICULAR RESTAURANT OR THIS PROCESS.
BECAUSE YES, IT'S STILL PENDING A, A, UH, APPROVAL AND ALSO A PERMIT.
SO, UM, I DON'T KNOW IF YOU HAVE ANY QUESTIONS, BUT MORE LIKELY THAT'S,
[03:20:01]
THAT'S THE, THE OVERALL SPECIFICS ABOUT, ABOUT THE, UH, THIS, THIS PROPERTY, IT'S IN A TRIANGULAR SHAPE.THERE'S NO ROOM FOR ANY MODIFICATION WHATSOEVER.
IT WILL BE DETRIMENTAL, IT WILL BE CATASTROPHIC.
AND, UH, LITERALLY, WE'LL, WE'LL, YOU KNOW, TAKE OUT OF BUSINESS.
THIS, THIS, THIS, UH, INDIVIDUAL.
DO YOU FINISH, I WOULD, UM, ANSWER QUESTIONS YOU, ANY OF, OF COURSE YOU HAVE ALL ANY QUESTIONS.
I'LL BE SO HAPPY TO PROVIDE ALL THE INFORMATION AND FEEDBACK AS NEEDED.
WE APPRECIATE YOUR COMMENTS ON BEHALF OF YOUR CLIENT.
QUESTIONS FROM THE PANEL FOR THE APPLICANT? MS. HAYDEN? UM, I, I THOUGHT I HEARD YOU SAY THAT THE, WHEN THEY DID THE RECONSTRUCTION OF THIS, UH, OF THIS RESTAURANT, UM, THAT THEY DID APPLY FOR A PERMIT, THAT THEY HAD A PERMIT, WAS THAT FOR THE AREA THAT'S ALSO ENCLOSED OR WAS THAT JUST FOR THE INTERIOR? WHAT WAS THE PERMIT FOR? WELL, UH, WHAT, WHAT IT IS, UH, JUST, JUST TO BE MORE, YOU KNOW, MORE SPECIFIC AND DIRECTIVE POINT IS THAT THE STRUCTURES ALREADY BEEN THERE.
WHAT HE DID WAS TO ENCLOSE THE AREA FOR COMFORT, AIR CONDITIONING, TEMPER THE MOST, THE MOST, UH, FINEST TEMPER, UH, GLASS AND FRAMING AND EVERYTHING.
AND IF AT ANY POINT YOU REQUIRE A ENGINEER, ENGINEER, UH, YOU KNOW, CERTIFICATION, UH, WE PROVIDE THAT, YOU KNOW, AND IF YOU, YOU WANT THAT BECAUSE IT IS, UH, YOU KNOW, VERY HIGH QUALITY AND, AND IT'S BEAUTIFUL.
BUT DID, BUT HE, DID HE APPLY FOR A PERMIT TO DO THE WORK? YES.
THE, THE, YES, THE, THE, UM, OKAY, WHERE THE CLOSING AREA ALREADY HAD A FLOOR WAS ALREADY THERE.
THEY WERE DOING, FIXING THE TIRES OUT THERE, YOU KNOW, JACKING UP THEIR VEHICLE.
BUT WHEN HE ENCLOSED IT, DID HE APPLY FOR A PERMIT WHEN HE ENCLOSED THE AREA? YEAH.
YOU KNOW, ALL THE, HE HAD THAT HE HAD A PERMIT FROM THE CITY? NO, BECAUSE, BECAUSE, UH, DID NOT COMPLY WITH THE SETBACK.
ALSO, UM, FOR SOME REASON IN CLOSING TO THE, TO THE, TO THE ROOF, UH, UH, IT APPEARED TO, TO BE, UH, YOU KNOW, TO, TO REQUIRE MORE, MORE PARKINGS, WHICH, YOU KNOW, WE ALREADY HAVE, UH, YOU KNOW, AGREEMENTS FOR PARTIES, BUT THAT'S A DIFFERENT ISSUE.
AND, AND YOU KNOW, I MEAN, THERE'S A CEILING ALREADY IN THERE.
ROOF, ALL, EVERYTHING, ALL HE DID WAS JUST ENCLOSED.
AND, AND WITH THE FINEST MATERIALS, HIGH STANDARD SAFETY, YOU KNOW, UM, UH, UH, THROUGH ALL THE, UM, UH, YOU KNOW, SAFETY AND ALSO, UH, STANDARDS OF, UH, MATERIALS AND ALL THAT, THE, THE, UM, THE GUARD GUARDRAIL AROUND SURROUNDING, YOU KNOW, THAT THE PATIO, IT WAS ALREADY THERE.
WHAT HE DID, HE RAISED FEW STRUCTURES JUST TO HOLD THE, THE CAN OF, FOR THE COMFORT OF PEOPLE SITTING OUT THERE.
UM, I DON'T KNOW IF YOU HAVE ANY OTHER QUESTIONS YOU MIGHT HAVE, BUT I'LL BE GLAD TO, TO GIVE YOU ALL, ALL THE INFORMATION.
NO, I, I WAS JUST ASKING IF HE HAD A PERMIT FOR ANY OF THE WORK, AND THAT YOUR ANSWER IS NO, THERE WASN'T A PERMIT, UH, A PERMIT FOR, FOR THE CO OR FOR WHAT? FOR DOING THE WORK.
HE PAID TWICE FOR THE FEES FOR BUILDING PERMIT, ABSOLUTELY.
HE PAID, UH, LIKE ALMOST $800, 750 OR, OR MORE, OR SOMEWHERE IN THERE, TWICE.
SO THE PERMIT WAS DENIED, BUT HE WENT AHEAD AND BUILT? WELL, YES, THE PERMIT WAS, UH, WAS, UH, I MEAN, IT'S BEEN, ACTUALLY, IT IS BEEN ON HOLD.
DID HE APPLY FOR THE PERMIT AFTER THE CONSTRUCTION WAS DONE? YES.
AND, AND ONE ALSO IMPORTANT ASPECT OF THAT, OR REASON IS THAT WAS DURING THE PANDEMIC.
THE, THE, THE RESTAURANT WAS CLOSED FOR MORE THAN A YEAR BECAUSE THE PANDEMIC, AND HE, HE, HE, HE START PUTTING MONEY INTO IT TO REMODEL OR SOMETHING.
'CAUSE YOU KNOW, THE RENT IS VERY HIGH.
AND, AND, UH, HE WANTED TO, TO USE, YOU KNOW, THAT, UH, TIMETABLE OF TIME OR, OR I MEAN, OR, OR NO
[03:25:01]
ACTIVITY AT CITY HALL OR PERMIT TO, TO, TO CREATE THE, YOU KNOW, TO MODIFY, ACTUALLY, THIS IS NOT A NEW CONSTRUCTION.JUST A REMODEL, YOU KNOW, IN FROM THE INSIDE, OUTSIDE, ALL THAT.
THE, THE, THE PLACE IS BEAUTIFUL.
MS. HAYDEN, DID THAT ALMOST ANSWER YOUR QUESTION? THANK YOU, MS. DAVIS.
SO YOU MENTIONED THAT THE OWNER APPLIED FOR A PERMIT.
HE CONSTRUCTED THE ENCLOSURE AND THEN HE APPLIED FOR A PERMIT.
AND I'M, UH, WAS HE AWARE THAT BY DOING SO, THE CITY COULD COME BACK AND SAY, YOU NEED TO TEAR THAT DOWN? HE WASN'T AWARE.
I MEAN, HE'S A, UM, HE, HE DOES NOT KNOW VERY MUCH OF A RULES OR ANYTHING LIKE THAT.
AND THERE WAS NO CONTACT WITH ANYONE, UHHUH
SO HE, HE WAS NOT ABLE TO SPEAK WITH ANYBODY FROM THE CITY DURING THE PANDEMIC.
HE HAD NO CONTACT WITH ANYBODY.
HE INTENDED SO MANY TIMES AND IT WAS CLOSED, OR IT WAS, UH, UH, YOU KNOW, BECAUSE THE PANDEMIC, UH, AND ALSO, UH, AND THEN HE, WITHIN THAT PROCESS, HE HIRED THE CONTRACTOR,
AND, AND MIKE DID NOTHING WITH ALL DUE RESPECT, YOU KNOW? BUT WHAT I FOUND OUT FROM, FROM ALL FROM, UH, YOU KNOW, THE, THE MANAGER, YOU KNOW, ON JEFFERSON STREET, UH, MR. JOHN, AND HE SAID, WELL, HE NEVER, NO EVEN EVER SURRENDERED.
I MEAN, I MEAN RENDER, I'M SORRY, RENDER PLANS OR NOTHING FOR, FOR, FOR ALMOST, UH, FOR ALMOST A YEAR.
I SO, UH, UNDERSTAND YOUR SITUATION, BUT EVERY BUSINESS OWNER, EVERY HOMEOWNER NI NEEDS TO BE AWARE OF THE REQUIREMENTS.
AND I MEAN, I'VE REPEATED THAT MANY TIMES OVER THE PAST COUPLE OF YEARS.
YOU CAN'T JUST GO AND BUILD SOMETHING AND THEN ASK FOR FORGIVENESS LATER.
I UNDERSTAND IT'S A BEAUTIFUL PROPERTY.
PEOPLE LOVE THE RESTAURANT, BUT THAT'S JUST NOT THE PROCESS.
AND AT OWNING A BUSINESS, YOU NEED TO UNDERSTAND THAT PROCESS.
SO UNFORTUNATELY, THAT'S A SITUATION WHERE WE'RE, WE ARE TODAY.
YOU, HE WENT AHEAD AND BUILT WITHOUT GETTING THE REQUIRED PERMITS.
SO THAT'S WHAT'S RELEVANT, NOT HOW MUCH PEOPLE LOVE THE RESTAURANT, HOW MUCH IT'S CHANGED.
AGAIN, LOVE THE FACT THAT, YOU KNOW, YOUR CLIENT IS SOMEBODY WHO WANTS TO IMPROVE THE AREA AND, AND DO BUSINESS IN DALLAS, BUT YOU HAVE TO DO IT THE RIGHT WAY.
YOU CAN'T BREAK THE RULES THAT WAY, OR EVERYBODY'S GONNA DO THAT.
AND THAT THAT CAN BE A DANGEROUS PRECEDENT TO SET.
UH, MADAME AND I, I RESPECT THAT AS, UH, YOU KNOW, WITH ALL THE DILIGENT AND DIGNITY.
HOWEVER, I, I LIKE TO, TO PLEDGE FOR YOU AND THE, THE FACT OF ALL THE CIRCUMSTANCES SURROUNDING THIS IS NOT SOMETHING THAT, YOU KNOW, UNILATERALLY WENT OUT THERE, STARTED ONE ON THE WRONG, YOU KNOW, WITH THAT PURPOSE OF BREAKING THE LAW OR, UH, BREAKING THE RULES AND REGULATIONS WHATSOEVER.
I MEAN, THE, THE, THE, THE, THE DYSPORT MAN, YOU KNOW, HE'S A IMMIGRANT.
I MEAN, I'VE BEEN HERE MORE THAN 30 YEARS, AND, AND I, YOU KNOW, AND SOMETIMES I HAD DIFFICULTIES SPEAKING ENGLISH AND COMMUNICATING MYSELF.
AND, BUT HE WANTED, HE WANTED TO BE SUCCESSFUL.
HE WANTED TO CREATE SOMETHING.
AND, AND ALSO HE BELIEVES IN PROSPERITY.
AND, AND, AND, AND BEING A, AS, UH, YOU KNOW, A, A, A, UH, A SUCCESS SUCCESSFUL WITH THIS PERSON.
AND THAT'S WHY WE FOLLOWING ALL THESE RESOURCES, ALL THESE POSSIBILITIES, BECAUSE AT THE END OF THE DAY, NOBODY WINS.
THE OWNER OF THE PROPERTY IS A POWERFUL MAN.
HE'S, HE INVESTED ALL THIS MONEY IN SOMETHING THAT DOES NOT EVEN BELONGS TO HIM.
HIS CONTRACT IS GONNA BE OVER, MAYBE IN A COUPLE YEARS, AND HE, GOD KNOWS IF HIS CONTRACT WILL BE RENEWABLE OR NOT RENEWED OR NOT.
IT'S A LOT OF, UH, YOU KNOW, OF, UH, HOPE AND IT'S IN YOUR HANDS TO GIVE HIM
[03:30:01]
A CHANCE.WE HAVE ZERO COMPLAINTS WHATSOEVER.
THERE'S NO COMPLAINTS FOR ANYONE.
I MEAN, AT CITY HALL, I MEAN, OR THE, UH, I MEAN, WE GOT IS SUPPORT FROM THE COMMUNITY AND WE ALL SERVE THE COMMUNITY.
AND, AND, AND WHAT YOU DO IS REALLY, REALLY, REALLY IMPORTANT.
YOU ARE MAKING THE DIFFERENCE.
YOU ARE MAKING OUR CITY, YOU KNOW, A, A, A GLOBAL WORLD, GLOBAL QUALITY ENVIRONMENT, QUALITY TV, AND WE ARE ALL PART OF THIS, YOU KNOW, BUT WE NEED TO WORK TOGETHER AND, AND HERE WE NEED YOUR HELP.
YOU ARE THE ONLY HOPE AT THIS POINT.
I, I'VE GOTTA KEEP THE, YOU HAD YOUR OPPORTUNITY TO PRESENT AND NOW WE'RE IN QUESTION AND ANSWER, AND SO I GOTTA KEEP US FOCUSED ON QUESTION AND ANSWER.
DID YOU HAVE AN ADDITIONAL QUESTION FOR THE APPLICANT AT THIS TIME? OKAY.
UM, SO I WANNA REMIND YOU, SIR, YOU'RE REPRESENTING YOU THE APPLICANT, THAT OUR CRITERIA, UH, THAT THE REQUEST IN FRONT OF US IS A VARIANCE TO THE FRONT YARD SETBACK.
AND OUR CRITERIA IS THREE THINGS.
IT HAS TO MEET ALL THREE, NOT ONE, NOT TWO, BUT ALL THREE.
IT CANNOT BE CONTRARY TO PUBLIC INTEREST.
IT CANNOT BE, IT, IT HAS TO, IT HAS TO BE NECESSARY TO PERMIT DEVELOPMENT OF A SPECI SPECIFIC PARCEL OF LAND THAT DIFFERS IN, UH, AREA, SHAPE, OR SLOPE THAT COULD NOT BE DEVELOPED OTHERWISE.
AND THIRD, IT CANNOT BE A SELF, UM, CANNOT RELIEVE A SELF-CREATED HARDSHIP.
SEVERAL OF THE THINGS YOU MENTIONED, ALTHOUGH HONORABLE, ALTHOUGH NOTABLE ARE NOT RELATIVE AND NOT SPECIFIC TO OUR CRITERIA, OUR CRITERIA IS SIMPLY LAND USE UNDER THOSE THREE GUIDES.
SO MY APPROACH, OUR APPROACH IS GOING TO BE MEASURE YOUR APPLICATION, WHICH YOU'VE GIVEN US, WHAT TESTIMONY YOU GIVE US THE INFORMATION FROM THE STAFF, AND THEN WE'LL APPLY THAT.
SO WE HAVE TO ALLOW THE EXTRANEOUS THINGS TO BE LEFT ASIDE AND JUST KEEP FOCUSED ON THERE.
THERE'S A CONCERN THAT THIS WAS BUILT WITHOUT A PERMIT AND IT CREATES A SELF-INFLICTED OR SELF-CREATED HARDSHIP.
SO I'M WONDERING HOW THIS IS NOT A SELF-CREATED HARDSHIP.
WELL, AND, AND THE LACK OF ADVICE.
OKAY? AND THOSE TWO, HE PAID, HE PAID TO GET ADVICE AND HE DIDN'T GET ADVICE.
AND, AND YOU'RE, YOU HAVE EVERY RIGHT TO ANSWER THAT, BUT I UNDERSTAND.
AND, AND IT REQUIRES, AS I SAID AT THE BEGINNING OF THE HEARING TODAY, IT REQUIRES, REQUIRES FOUR AFFIRMATIVE VOTES TO GRANT A VARIANCE OR A SPECIAL EXCEPTION.
SO YOU HAVE TO CONVINCE FOUR OF THE FIVE OF US FOR THAT.
UM, AND I'M NOT, I REALLY AM NOT LECTURING.
I'M JUST TRYING TO KEEP US VERY FOCUSED ON WHAT OUR CRITERIA IS.
UM, THE OTHER, THE, THE SECOND COMPONENT ABOUT NECESSARY TO PERMIT A DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHERS.
IT SEEMS UNIQUE, BUT THE PROBLEM IS THIS PIECE OF PROPERTY HAS BEEN FUNCTIONAL FOR YEARS.
SO OTHER PEOPLE HAVE OPERATED IN THIS SPACE.
CORRECT? UM, I DON'T, I I DON'T, I DON'T UNDERSTAND YOUR PERSPECTIVE.
CAN YOU PLEASE SAY AGAIN? WELL, HOW LONG, HOW LONG AGO WAS THIS BUILDING BUILT AND HOW LONG HAS THERE BEEN SOMEONE OPERATING ON THIS PIECE OF LAND A YEAR, FIVE YEARS, 10 YEARS? UH, YOU, YOU, YOU ARE REFERRING TO THE, UM, THE CURRENT, THE CURRENT BUILDING, OR YOU'RE REFERRING THE CURRENT BUILDING? YOU COULD DO THE CURRENT BUILDING.
YEAH, THE CURRENT BUILDING IS EVEN BEFORE THE ADDITIONS THAT VIOLATED THE CODE.
HOW LONG? PROBABLY, PROBABLY AT LEAST SINCE 19, PROBABLY 66 OR SOMETHING LIKE THAT.
SO FOR 70 YEARS, FOR 60 YEARS, THE PROPERTY HAD THE CAPACITY TO BE DEVELOPED AND UTILIZED.
SO FOR ME, I'M SCRATCHING MY HEAD SAYING, HOW IS IT THIS, IS THIS PROPERTY THAT'S BEEN USED FOR 60 YEARS? IS THAT, IS HOW DOES IT FIT? THE CRITERIA OF CANNOT BE DEVELOPED IN A MANNER OF COMMENCEMENT WITH DEVELOPMENT OF OTHER PROPERTIES, OF OTHER
[03:35:01]
PARCELS WHEN IT'S BEEN IN OPERATION FOR 60 YEARS.I'M TRYING TO GIVE YOU AN OPPORTUNITY TO RESPOND TO THE CRITERIA THAT WE HAVE.
AND, AND YOUR CRITERIA IS VERY RIGHT, WITH THE EXCEPTION OF THE, THERE, THERE IS NO DEVELOPMENT OF THE PROPERTY BECAUSE CANNOT BE DEVELOPED.
THE THE, THE PROPERTY IS ALREADY IN PLACE.
IT'S ALREADY BEEN IN THERE, BUT SHE SAID IT'S BEEN AN OPERATION FOR 60 YEARS.
IT'S BEEN, IT IS BEEN OUT THERE AND, AND, AND THERE IS NO, NO, NO WAY TO OR ROOM OR ANYTHING OF LIKELIHOOD TO, TO, TO, YOU KNOW, TO, TO DEVELOP UNLESS MAYBE MAYBE A REAL ESTATE GENIUS BUYS THE PROPERTY AND REDEVELOP THE PROPERTY.
WELL, I, WHAT I'M JUST TRYING TO GO TO IS, AND I USE THIS, THIS CRITERIA, I TRY TO, FOR EVERY CASE THAT COMES IN FRONT OF US THAT HAS A VARIANCE REQUEST, AND THE STAFF PROVIDES US THE LEGAL CODE CRITERIA, IT'S NOT OUR WORDS, IT'S WHAT'S IN THE CODE THAT THE CITY COUNCIL CREATES.
AND IT'S NOT CONTRARY TO PUBLIC INTEREST NECESSARY TO PERMIT SOMETHING THAT COULD NOT OTHERWISE BE USED, AND THEN NOT TO RELIEVE SELF-CREATED HARDSHIP.
AND UNFORTUNATELY, THE LAST TWO, I DON'T SEE YOU, HOW YOU GET BY.
GIVEN THAT YOU, THE, THE ADDITION OF THIS, OF THE CONVERSION AND THE ADDITIONAL OF THE CANOPIES IS SOMETHING YOU DID, YOU REPRESENTED THE APPLICANT DID ON YOUR OWN.
NUMBER TWO, YOU YOURSELF SAID THAT THIS, THIS PIECE OF PROPERTY HAS HAD A BUSINESS OPERATING IT FOR OVER 60 YEARS.
SO OBVIOUSLY THE PROPERTY DOES NOT CONSTRAIN THE ABILITY TO USE THE PROPERTY.
USE IT AS FOR A BUSINESS THAT'S, NO, THE PROPERTY WAS NOT REALLY ALTERED WITHIN TERRITORY OR WITHIN BOUNDARIES.
I THOUGHT YOU SAID IT WAS FROM THE SIXTIES.
WHAT I'M SAYING ABOUT THE BUILDING, YES.
ABOUT WHAT WE ARE DISCUSSING HERE.
THE PLAN CHOSE EVERYTHING EXCEPT THAT THE ENCLOSED AREA, YES.
ON LONG, UH, ROSS, IT WAS ALREADY THERE.
IT WAS ALREADY THERE, BUT HE WITH, WITH NO, OH, I CAN TELL YOU IT WAS JUST LIKE A PATIO.
LIKE A, I THOUGHT, I THOUGHT, I THOUGHT IT WAS A GAS, IT WAS A GAS STATION.
WASN'T AT A GAS STATION BEFORE A TIRE STATION.
GAS STATION WAS WAS A TIRE SHOP.
BUT THE MOMENT YOU ENCLOSED IT, YOU PUT A STRUCTURE ON IT.
IT IT IS WHEN YOU VIOLATED THAT 15 FOOT SETBACK, CORRECT? UH, LET'S SEE.
AS WELL AS WELL AS THE CANOPIES, CORRECT? ON THE OTHER SIDE, WHICH IS ON GREENHILL.
AND SO THOSE ARE BOTH SELF-INFLICTED THAT, THAT'S MY YES.
I'M NOT TRYING TO BEAT YOU UP, I'M JUST TRYING TO GO THROUGH NO, YES.
BUT THERE ARE CRITERIA, MR. CHAIRMAN, YOU, YOU, YOU, UH, WE ALL DUE RESPECT, BUT YOU MISSING SOMETHING, PLEASE.
SAY THIS IS THE BUILDING FACING, CROSS BUILDING.
YOU SEE THE WALL HERE, GENTLEMEN? THE, THERE, THE OTHER SIDE.
OKAY, HERE, THIS WALL AND ENDED, IT HAD THE OPENING ONLY FOR THE PATIO.
FOLLOWING THE PATIO LIKE THIS, YOU KNOW, THE PATIO, WHAT HE DID, HE USED THE VERY SAME, HE BUILT ON THE VERY SAME LINE ON THE ORIGINAL WALL.
AND THE ORIGINAL WALL WAS ALREADY BREAKING THE 15 FEET CLEARANCE FROM THE VERY OLD BUILDING.
SO IF THAT'S THE CASE, IT'S CONSIDERED NON-CONFORMING.
CORRECT? AND IT CAN BE CONSIDERED, CORRECT ME IF I'M WRONG, STAFF NON-CONFORMING, BUT LEGAL, IF IT PREDATED WHEN THE ZONING WENT IN PLACE, I'M SEEING NODDING HEADS.
BUT THE MOMENT YOU CHANGE THAT, YOU LOSE YOUR NON-CONFORMING STATUS AND IT BECOMES ILLEGAL.
AM I CORRECT IN CORRECT STAFF? PLEASE? SOMEONE SAY SOMETHING ON THE RECORD.
CHOOSE WHO WANTS TO, SO THE STRUCTURE IS STILL NON-CONFORMING.
UM, WHAT BECOMES LEGAL VERSUS ILLEGAL IS WHAT HE ADDED ON.
SO BY NOT OBTAINING A PERMIT, THAT'S WHAT MAKES IT ILLEGAL ON BOTH SIDES.
ON THE GREENVILLE SIDE AND ON THE ROSS SIDE.
AND I, I, I'M, I LEAN TO STAFF MY, IT'S MY INTERPRET INTERPRETATION AND HE'S CLEANING UP MY INTERPRETATION.
SO THAT, THOSE ARE MY QUESTIONS.
I, I DON'T WANNA HOG THE TIME.
I WANNA GIVE ANYONE AND EVERYONE ELSE A CHANCE TO ANSWER QUESTIONS,
[03:40:01]
QUESTIONS FOR THE APPLICANT.THE CHAIR WOULD ENTERTAIN A MOTION, RACHEL, OR LET MICHAEL, WHOEVER WANTS TO DO THE DUTY OR JANE.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 2 ON APPLICATION OF RODOLFO RODRIGUEZ DENIED THE VARIANCE ON ROSS AVENUE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE, 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 NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I'M, I, MAY YOU MOVE TO DENY CORRECT.
IN BDA 2 2 3 DASH ZERO TWO, UH, BDA 2 2 3 1 0 2.
MR. NERI MOVED TO DENY WITHOUT PREJUDICE THE REQUEST FOR A VARIANCE 15 FOOT VARIANCE.
IS THERE A SECOND TO THE MOTION? I'LL SECOND.
YEAH, THE, THE MAIN REASON WHY I MOVED TO DENY, UM, WAS IN KIND OF ACCORDANCE WITH THE STAFF RECOMMENDATIONS FOR DENIAL.
AND WHAT THE CHAIRMAN REITERATED IS THAT THIS UNFORTUNATELY IS TRULY A SELF-CREATED HARDSHIP.
UM, THIS PARTICULAR PROPERTY OPERATED SUCCESSFULLY APPARENTLY AS A RESTAURANT FOR MANY YEARS, UH, WITHOUT THE ADDITION OR ENCLOSURE OF THE, THIS ADDITIONAL PATIO AREA.
UM, MY, AND I COULD BE TOTALLY WRONG HERE, BUT MY HYPOTHESIS IS THAT THIS PARTICULAR RESTAURANT OPERATOR, UM, FOLLOWING THE PANDEMIC, WANTED TO RECOUP POSSIBLY SOME LOST REVENUE, WHICH IS TOTALLY UNDERSTANDABLE BY EXPANDING THE SIZE OF THE RESTAURANT AND ENCLOSING THE PATIO AREAS SO THAT MORE PE MORE PATRONS COULD BE SERVED, WHICH, WHICH I TOTALLY UNDERSTAND, BUT AGAIN, IT DOESN'T CONFORM, UH, WITH, WITH THE CURRENT ZONING.
AND, UM, THEREFORE I MOVE TO DENY.
THANK YOU, MS. JANNER, MS. HAYDEN, I, I, UM, I KNOW YOU'VE HEARD THE CHAIRMAN TALK ABOUT THE STANDARD FOR A VARIANCE, AND THERE ARE THE THREE CRITERIA THAT WE HAVE TO LOOK AT.
UM, THE NOT CONTRARY TO PUBLIC INTEREST.
YOU HAVE TO PROVE THAT AS THE APPLICANT, YOU HAVE TO, IF THE BURDEN IS ON YOU TO PROVE THAT TO US, THAT IT'S NOT CONTRARY TO THE PUBLIC INTEREST, YOU HAVE TO PROVE TO US THAT IT'S, IT'S NOT NECESSARY TO, THAT THE VARIANCE IS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS.
YOU HAVE TO PROVE TO US THAT, UM, THE VARIANCE IS NOT GRANTED TO RELEASE, RELIEVE A SELF-CREATED, OR PERSONAL HARDSHIP.
SO THE POINT I'M TRYING TO MAKE IS THAT I DON'T THINK THAT ANY OF THESE CRITERIA HAVE BEEN PROVEN BY THE APPLICANT TODAY.
AND I CAN'T IN GOOD CONSCIOUS, GOOD, GOOD CONSCIENCE, UM, VOTE IN FAVOR OF THIS VARIANCE WHEN I DON'T FEEL LIKE THERE'S A LOT OF EVIDENCE TO SHOW THAT YES, THIS, THIS, YOU KNOW, PROJECT THIS, THIS PROPERTY DESERVES A VARIANCE.
SO I WOULD ENCOURAGE YOU, UM, IF YOU DO, YOU KNOW, COME BACK, UM, TO, TO TAKE A LOOK AT THE, AT THE REGULATIONS AND, AND, AND TO TALK WITH THE, THE OWNER AND TO MAKE SURE YOU GUYS HAVE GOOD ARGUMENTS FOR THE DIFFERENT, UM, UH, STANDARDS FOR THE VARIANCE.
AND BECAUSE TODAY I DON'T BELIEVE YOU'VE, YOU'VE, UM, ARGUED IT VERY WELL TO BE HONEST.
ANY OTHER DISCUSSION ON THE MOTION? I'LL BE SUPPORTING THE MOTION.
UM, THE CODE SPECIFICALLY SAYS ALL THREE HAVE TO BE MET AND, UM, YOU, I WON'T REPEAT WHAT YOU SAID.
IT, YOU, THE APPLICANT HAS NOT MET THE BURDEN AND SO I, I, I CAN'T PERSONALLY SUPPORT A VARIANCE, SO I'LL AGREEING TO DENY ANY OTHER DISCUSSION.
ALL UH, WE'LL NOW TAKE A VOTE.
THIS IS, UM, THE ROSS AVENUE 15 FOOT VARIANCE REQUEST.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 2 3 DASH ZERO TWO.
THE BOARD UNANIMOUSLY, UNANIMOUSLY VOTED FIVE TO ZERO TO DENY THE REQUEST WITHOUT PREJUDICE FOR A VARIANCE ON ROSS AVENUE FOR THE FRONT
[03:45:01]
YARD SETBACK.UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 1 0 2 ON APPLICATION OF RODOLFO RODRIGUEZ DENIED THE VARIANCE ON GREENVILLE AVENUE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE 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 NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
IT'S BEEN MOVED BY MR. NBDA 2 2 3 DASH ZERO TWO TO DENY WITHOUT PREJUDICE THE REQUEST FOR A VARIANCE AND GREEN AVENUE.
IS THERE A SECOND? I'LL SECOND.
DISCUSSION MR. NRI? UM, I REALLY DON'T HAVE ANYTHING FURTHER TO ADD, UM, THAN WHAT I SAID ON THE FIRST, FIRST PART OF THIS MOTION.
UM, OBVIOUSLY IT'S JUST ON A DIFFERENT STREET.
UM, AGAIN, I DO, UNFORTUNATELY, I FEEL THAT THIS IS A SELF-CREATED HARDSHIP AND THAT, UH, THE PROPER STEPS WEREN'T TAKEN BEFORE, UH, CONSTRUCTION AND ENCLOSURE WAS, UH, COMPLETED.
DISCUSSION MS. HAYDEN, UM, JUST REFER TO MY COMMENTS FROM THE PREVIOUS MOTION.
ANY OTHER DISCUSSION ON THE MOTION? MR. UM, I WOULD JUST LIKE TO SAY THAT IT'S UNFORTUNATE THAT THE SITUATION EXISTS.
I HOPE, I HOPE THAT YOUR CLIENT CAN FIND A RESOLUTION TO IT.
DISCUSSION ON THE MOTION, THE MOTION ON THE FLOOR AND BDA 2 23 DASH ZERO TWO IS TO DENY THE VARIANCE REQUEST ON GREENVILLE AVENUE WITHOUT PREJUDICE.
GO AHEAD AND CALL FOR THE VOTE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 23 DASH ZERO TWO.
THE BOARD HAS UNANIMOUSLY BY A FIVE TO ZERO VOTE, VOTED TO DENY THE REQUEST FOR A VARIANCE IN GREENVILLE AVENUE WITHOUT PREJUDICE.
UH, ANY RECOMMENDATION FROM YOUR END? UH, ALL WE CAN SAY IS THAT, UH, WE'VE ADJUDICATED THE MATTER, IT IS WITHIN YOUR RIGHTS SINCE WE, UH, DENIED WITHOUT PREJUDICE FOR YOU TO REFILE ANYTIME YOU WANT.
THE FEEDBACK YOU HEARD FROM MR. HOCK KOVI AS WELL AS MS. HAYDEN WAS GO BACK TO THE CRITERIA THAT WE SPOKE OF.
THE PROFESSIONAL STAFF IS AVAILABLE TO NOT TELL YOU WHAT TO DO, BUT TELL YOU HOW THEY EVALUATE BASED ON THE CRITERIA AND THEIR PROFESSIONAL EXPERTISE.
UM, AND, UM, UH, YOU KNOW, I, THAT'S REALLY THE LIMITING OF WHAT I CAN SAY OF WHAT AND, AND I I I BELIEVE THAT, UM, UM, WE, WE HAVE ROOM TO WORK AND REVERSE TO, TO PROPER, YOU KNOW, TO PROPER, UM, UM, REGULATION ACCEPTANCE.
UM, AND UH, IN THE MEANTIME, UH, I'D LIKE TO REQUEST A OVER, NO, I'M SORRY.
UNFORTUNATELY IT'S TOO LATE FOR THAT.
THE BOARD HAS MADE HIS DECISION.
THE BOARD'S MADE HIS DECISION.
YOU ARE WITHIN YOUR RIGHTS, AS I MENTIONED, TO REFILE A CASE FROM SCRATCH.
AND, UH, WE HAVE A VERY CAPABLE STAFF TAKING THAT WE'RE HERE LISTENING TO EVERYTHING WE SAID AND OUR CRITERIA.
AND THEY CAN SAY, WELL, THEY VOTED THIS WAY BECAUSE OF X, Y, AND Z AND THEY CAN GIVE YOU FEEDBACK.
UH, BUT THEIR ROLE IS NOT TO COACH APPLICANTS
SO THANK, THANK YOU FOR ALL YOUR TIME.
WE HAVE ONE LAST CASE ON OUR AGENDA.
BEFORE I CALL THE CASE, I NEED A, UH, I NEED TO TAKE A FIVE MINUTE, I'VE GOT A SEMI-EMERGENCY PHONE CALL I HAVE TO MAKE.
SO, UH, IF WE CAN ADJOURN, UH, EXCUSE ME, RECESS FOR FIVE MINUTES.
UH, IT'S 5:00 PM ON THE 14TH OF UH, NOVEMBER.
UM, THE BOARD OF ADJUSTMENT PANEL A, WE'LL GO INTO RECESS UNTIL 5:05 PM AND THEN WE'LL HEAR OUR LAST CASE.
IT IS 5:06 PM ON THE 14TH OF NOVEMBER.
WE'RE RECONVENE OF THE BOARD OF ADJUSTMENT PANEL H RECONVENE.
THIS IS OUR LAST CASE OF THE DAY.
BDA 2 2 3 DASH ZERO SEVEN AT 5 5 2 4 VICTORY BOULEVARD.
YOU SHOULD HAVE HEARD THIS ALL DAY.
UM, UM, SO I NEED YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD
[03:50:01]
SECRETARY'S GONNA SWEAR YOU IN AND THEN WE'VE GOT A DIFFERENT SET OF RULES FOR THIS.UH, MICHAEL VAN, I RESIDE CLOSER TO THE MICROPHONE.
MICHAEL VAN, I RESIDE AT 5 5 2 4 VICKERY BOULEVARD, DALLAS, TEXAS 7 5 2 0 6.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
SO, UM, MARY YOU HAD THE, THE HANDOUT, YOU CAN GIVE THOSE OUT NOW.
WHAT SHE'S HANDING OUT IS SOMETHING THAT, UM, THE APPLICANT HAD GIVEN THE BOARD SECRETARY TO HANDOUT RELATING TO THIS, THIS APPEAL.
UM, BUT BEFORE, UH, WE BEGIN, I WANNA READ INTO THE RECORD OUR RULES VERY BRIEFLY SO IT'S VERY CLEAR.
UM, THE APPLICANT'S CASE WILL LAST UP TO 20 MINUTES.
THE APPLICANT MAY GIVE AN OPENING STATEMENT, CALL WITNESSES OFFER EVIDENCE.
HOWEVER, IF THE APPLICANT CALLS A WITNESS, THE ADMINISTRATIVE OFFICIAL IS ALLOWED TO CROSS-EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES.
SUBSEQUENTLY, THE APPLICANT MAY CONDUCT A REEXAMINATION OF THE WITNESS UP TO FIVE MINUTES AS WELL.
THE APPLICANT MAY SUBMIT DOCUMENTS TO THE BOARD SECRETARY AS HE JUST DID SO LONG AS THEY COMPLY WITH THE DOCUMENTARY EVIDENCE OF THE RULE OF THE BOARD.
THE BOARD MAY ASK QUESTIONS ANY TIME BOARD MEMBER QUESTIONS WILL NOT COUNT TOWARDS THE 20 MINUTE TIME LIMITATION AS MUCH AS POSSIBLE.
I'M GONNA TRY TO NOT INTERRUPT YOUR PRESENTATION SO THAT YOU CAN PRESENT AND THEN LIKEWISE THE CITY OF DALLAS' RESPONSE.
BUT THERE WILL BE A LOT OF QUESTIONS THAT'S VERY NATURAL DURING THIS TIME PERIOD.
THE ADMINISTRATIVE OFFICIALS CASE, MR. BROWN, ARE YOU REPRESENTING THE ADMINISTRATIVE OFFICIAL TODAY? OKAY.
THE ADMINISTRATIVE OFFICIALS CASE WILL ALSO LAST FOR 20 MINUTES.
THE OFFICIAL WILL MAY GIVE AN OPENING STATEMENT, CALL WITNESSES OFFER EVIDENCE.
HOWEVER, IF THE ADMINISTRATIVE OFFICIAL CALLS A WITNESS, THE APPLICANT IS ALLOWED TO CROSS-EXAMINE AND THIS DOES NOT COUNT AGAINST THEIR TIME.
SUBSEQUENT, SUBSEQUENTLY, ADMINISTRATIVE OFFICIAL MAY CONDUCT A REEXAMINATION.
THE ADMINISTRATIVE OFFICIAL MAY ALSO SUBMIT DOCUMENTS TO THE BOARD SECRETARY.
SO AS LONG AS THEY COMPLY WITH OUR RULES OF EVIDENCE, AGAIN, THE BOARD MAY ASK QUESTIONS AT ANY TIME.
BOARD MEMBER QUESTIONS WILL NOT COUNT AGAINST THE TIME LIMITATIONS.
THE APPLICANT WILL BE ALLOWED A THREE MINUTE REBUTTAL.
SO THE APPLICANT WILL, WILL PRESENT, WILL HAVE QUESTION AND ANSWERS, PROBABLY THEN THE ADMINISTRATIVE OFFICIAL WILL PRESENT QUESTIONS AND ANSWERS.
THEN THE APPLICANT GETS A THREE MINUTE REBUTTAL AND THE APPLICANT IS ALSO GIVEN A THREE MINUTE CLOSING STATEMENT.
UH, LASTLY, THE ADMINIS OFFICIAL WILL BE ALLOWED TO MAKE A THREE MINUTE CLOSING STATEMENT, AS IS EVERYTHING.
IT REQUIRES FOUR AFFIRMATIVE VOTES TO REVERSE TO MAKE AN AFFIRMATIVE DECISION AND REVERSE THE DECISION AS PRESENTED TO US.
UM, OKAY, SO, UM, MR. VAN, WE WERE BRIEFED VERY BRIEFLY TO BE REDUNDANT THIS MORNING BECAUSE THESE TYPE OF CASES ARE TOTALLY DEPENDENT ON YOU AS THE APPLICANT TO PRESENT.
UM, SO IT IS FIVE 10 AND YOU HAVE 20 MINUTES TO PRESENT.
UM, YOU DO NOT HAVE TO USE UP ALL YOUR TIME NOW YOU CAN PARCEL IT THE WAY YOU WANT TO.
SO I'M BEING ADVISED, ADVISED BY MY STAFF THAT UH, WE'RE HAVING A TECHNOLOGICAL TECHNOL TECHNOLOGY GLITCH,
OKAY? WE EACH AS MEMBERS HAVE OUR PERSONAL LAPTOPS HERE SO WE CAN SEE WHAT, I ASSUME THIS IS A POWERPOINT YOU HAVE.
UM, BUT JUST CAN, CAN'T SEE IT ALL PLACE.
I CAN SAY IT IN THIS, UM, I CAN SEE THAT IT IS, IT IS THE CHAIRMAN'S DETERMINATION THAT THAT DOES NOT PROHIBIT A FAIR AND AND EQUITABLE HEARING.
IF I FELT LIKE THE TECHNOLOGICAL CHALLENGES WOULD INHIBIT YOUR ABILITY TO HAVE A FAIR AND EQUITABLE HEARING, I WOULD STOP US AND POSTPONE.
BUT I DON'T VIEW THIS AS A CHALLENGE.
SO DOES EVERYONE HAVE A SCREEN ACCESS TO THIS POWERPOINT? SO ALL THE DECISION MAKERS HAVE IT, IT HERE? SO YES.
THAT'S NOT ON THE CITY HALL VERSION.
I DON'T KNOW, I JUST HAVE IT THROUGH HER WEBEX.
SO THAT ALL BEING SAID NOW IT'S FIVE 11, SO I'M GONNA SAY FIVE 12.
UM, I JUST WANTED TO START FIRST WITH THANKING, UH, DIANA, UH, DR.
HOSKINS AND OF COURSE TREVOR, UM, FOR ALL THEIR HELP IN GETTING ALL THIS STUFF TOGETHER.
UM, LIKE I SAID EARLIER, MY NAME'S MICHAEL A. LITTLE BIT CLOSER TO THE MICROPHONE, SO WE HEAR EVERY WORD.
UM, LIKE I SAID EARLIER, MY NAME'S MICHAEL.
[03:55:01]
I LIVE AT 55 24 VICKERY HERE IN THE DALLAS AREA.UM, I TOOK MY NOTES DOWN, UM, WROTE SOME THINGS 'CAUSE I WANNA MAKE SURE THAT I, AT ALL THE POINTS, UM, EVERYTHING THAT I WOULD WANT TO KNOW, EVERYTHING THAT I SHARED WITH OUR NEIGHBORS, WITH OUR FRIENDS, UM, FROM THE NEIGHBORHOOD.
UM, SO I'M GONNA REFERENCE THOSE WHEN I TALK THROUGH.
UM, I'D LIKE TO BEGIN BY EXTENDING MY HEARTFELT GRATITUDE TO THE BOARD AND ITS ESTEEMED MEMBERS FOR DEDICATING THEIR TIME AND SERVICE.
STAYING LATE TONIGHT, OBVIOUSLY.
UM, IN TODAY'S MEETING, AS A PROUD BOARD MEMBER OF THE VICKERY PLACE NEIGHBORHOOD ASSOCIATION, I DEEPLY VALUE AND COMPREHEND THE PERSONAL COMMITMENT WE ALL HOLD IN CONTRIBUTING TO THE GREATER WELFARE OF OUR COMMUNITY.
OUR JOURNEY IN VICTORY PLACE BEGAN IN 2015 WHEN WE RELOCATED FROM NEW BRAUNFELS, TEXAS, INITIALLY SETTING AT 52 21 VICTORY.
AND THEN A YEAR LATER WE MOVED MERELY THREE BLOCKS DOWN TO THE CURRENT RESIDENCE AT 55 24.
SOME MAY WONDER WHY WE MADE SUCH A SEEMINGLY SMALL MOVE, BUT FOR THE, FOR US, THE ANSWER'S ASTOUNDINGLY SIMPLE.
THERE'S NO PLACE WE'D RATHER CALL HOME.
OUR AFFECTION FOR OUR DWELLING GOES HAND IN HAND WITH OUR ADORATION FOR THIS NEIGHBORHOOD, VICKERY PLACE EMBODIES A SENSE OF COMMUNITY THAT WE'VE ALL HEARD ABOUT TODAY, NESTLED IN ONE OF DALLAS'S MOST CHERISHED AREAS, THE M STREETS OR THE LOWER GREEN AU THE LUSH TREES ARE CHERISHED HOME, AND THE CAMARADERIE WITH OUR NEIGHBORS ILLUMINATE THIS HIDDEN GEM FOR US.
DURING A VACATION IN COLORADO, AN UNEXPECTED STORM AND SEVERE FLOODING WREAKED HAVOC ON OUR PROPERTY, OUR NEIGHBOR TO THE EAST PATRICK, ALERTED US TO THE DE DESTRUCTION OF OUR FENCE STRUCTURE, LEAVING OUR YARD AND POLE VULNERABLE TO THE COMPROMISED SECURITY THROUGH OUR SIDE AND BACK ALLEY.
THIS VULNERABILITY WAS A KEY TO A CORNER HOUSE LOSING ITS ENTIRE SIDE FENCE.
WE SOUGHT HELP FROM VARIOUS COMPANIES WHILE AWAY KNOWING THE CRITICAL IMPORTANCE OF SECURING OUR HOME, ESPECIALLY WITH THE POTENTIAL RISKS OF PASSERBYS CHILDREN AND ANY ANIMAL DUE TO THE EXPOSED POOL.
THE EXPEDITED CONSTRUCTION OF A NEW FENCE BEGAN, BECAME AN IMPERATIVE STEP TO SAFEGUARDING OUR RESIDENTS.
AT THE TIME THAT THAT PHONE CALL CAME THROUGH, WE WERE ACTUALLY RIDING FOUR-WHEELERS UP ON TOP OF A MOUNTAIN, UM, AND JUST HAPPENED TO CATCH A SIGNAL WHEN ALL THE TEXT MESSAGES STARTED DOWNLOADING.
SO I JUST IMMEDIATELY START GETTING PICTURES OF OUR ENTIRE FENCE STRUCTURE BLOWN DOWN OF THE, THE STREET BEING FLOODED.
HOSKINS, IF YOU DON'T MIND JUST SHOWING SOME OF THOSE PHOTOS.
SO THIS IS THE NEIGHBOR ACROSS FROM OUR HOUSE, THAT HOUSE THAT YOU SEE, UM, BEHIND THE LIGHT POLE, THAT'S OUR RESIDENCE.
AND SO ALL OF THIS IS, IS WHAT IT LOOKS LIKE WHEN IT FLOODS.
IF YOU GO TO THE NEXT SLIDE, THIS IS SOMETHING THAT HAPPENS WITH REGULARITY WHERE WE'RE AT.
AND IT'S BECAUSE THERE'S A DRAINAGE DISH WHEN, WHEN EVERYONE THIS MORNING YOU GUYS WERE TALKING ABOUT.
SO, AND, AND MY INTERRUPTIONS ARE DON'T COST YOU ANY TIME.
UM, SO IS YOUR HOUSE THE ONE THAT'S BEHIND THE WHITE VEHICLE? YES, SIR.
BEHIND THE WHITE VEHICLE WITH THAT FENCE? YES, SIR.
AND IS THAT FENCE THAT WE'RE WHAT WE'RE TALKING ABOUT TODAY? YES, SIR.
AND THIS HAPPENED WHEN, UM, SO THIS, THIS STORM JUST HAPPENED.
THE ONE IN THE PHOTOGRAPH, THE ONE THAT TOOK OUR FENCE DOWN WAS IN APRIL.
THIS JUST HAPPENED AGAIN, NOT, BUT I THINK IT WAS LIKE, OKAY, FIVE WEEKS AGO THAT WHEN WE HAD THAT BAD WEATHER COME THROUGH.
SO IF YOU LOOK AT THAT RIVER GOING ON THE SIDE OF THE FENCE, THAT'S THE EASEMENT YOU GUYS WERE TALKING ABOUT EARLIER WHERE YOU SAID, NO, AN ALLEY'S IN THE BACK.
WE HAVE AN ALLEY IN THE BACK WHERE OUR TRASH SERVICE GOES THROUGH AND WHERE WE PULL INTO A REAR CAR GARAGE ON THAT EAST SIDE OF OUR HOUSE, THERE'S A 15 FOOT, WE'VE, WE'VE SEEN IT.
DIANA KIND OF WENT BACK AND FORTH ON DIFFERENT DOCUMENTS, REFERRED TO IT AS AN ALLEY.
SOME REFER TO IT AS AN EASEMENT.
UM, IT, IT BASICALLY IS 15 FEET OF A PARCEL OF LAND THAT'S OPEN TO ALL PUBLIC AND THERE'S NOTHING THERE.
WHEN WE, WHEN WE PURCHASED THE PROPERTY, UM, THROUGH OUR REALTOR, WE ACTUALLY WERE TRYING TO SEE IF THE CITY WOULD LET US PURCHASE THAT LAND FROM THEM SO THAT WE COULD ENCLOSE IT.
BECAUSE IF YOU LOOKED ON THE OTHER SIDE OF THE STREET EITHER DIRECTION, THAT'S EXACTLY WHAT EVERYBODY ELSE DID.
WHAT EVERYONE ELSE DID WAS JUST CLOSE IT IN.
THEY, THEY JUST BUILT THE FENCE STRUCTURE, CLOSED IT IN, AND CALLED IT THEIR YARD.
WE REACHED OUT, WE MADE THE PHONE CALLS, OUR REALTOR, UM, EVE SULLIVAN, GREAT REALTOR IN DALLAS, UH, NOW CLOSE PERSONAL FRIEND.
UM, SHE DID THE DUE DILIGENCE AND THE, THE, THEY CAME BACK AND THEY SAID, NO, YOU, YOU CAN'T CLOSE IT IN.
WE DIDN'T KNOW, RIGHT? WE BUY THE HOUSE.
WE DIDN'T KNOW THAT WHAT THE EXTENT OF THE DRAINAGE ISSUES WOULD BE UNTIL A BIG STORM HAPPENED.
LIKE THREE WEEKS LATER, UM, WATER COMES UP TO OUR FRONT PORCH AND IT'S ON THE FRONT STEPS.
SO IT'S LIKE THREE INCHES FROM ENTERING OUR BRAND NEW HOME.
UM, AT THAT POINT, WE UNDERSTOOD THE SEVERITY OF NOT BUILDING A STRUCTURE ON THAT PARCEL OF LAND BECAUSE IT NEEDED TO BE REDEVELOPED SO THAT WE COULD GET THE RIGHT DRAINAGE.
UM, AT THE TIME THAT THAT HAPPENED, PATRICK,
[04:00:01]
WHO IS THE NEIGHBOR THAT CALLED US TO TELL US YOUR FENCE IS COMPLETELY DOWN.UM, THERE WAS JUST LAND THERE.
THERE HADN'T BEEN A HOUSE BUILT YET.
WHEN THE BUILDER CAME IN AND BUILT THE LAND, WE MADE KIND OF A GENTLEMAN'S AGREEMENT THAT HE WOULD NOT MESS WITH THE DRAINAGE IN THERE, BUT WOULD TAKE THE DILIGENCE TO MAKE SURE THAT HE PUT THE RIGHT DRAINAGE IN AND EFFECT IN THERE.
BECAUSE WHAT WOULD HAPPEN IS IT WOULD PULL UP INTO A LAKE AND THEN ONCE THE WATER CRESTED AND BROKE, YOU'D HAVE THIS SURGE OF WATER THAT WOULD RUSH TO THE BACK.
UM, SO IT GOT A LITTLE BIT BETTER.
UM, I JUST WANTED TO PUT CLARITY ON THAT BEFORE WE, WE KEPT GOING.
UM, IF YOU GO TO THE NEXT PICTURE, I THINK THAT WE JUST, THIS IS MY FRONT PORCH, SO THIS IS JUST A COUPLE WEEKS AGO.
SO IMAGINE WALKING OUT YOUR FRONT DOOR, AND THEN THAT'S WHAT YOU SEE.
THERE'S AN ENTIRE RIVER IN, IN THE FRONT.
AND VICKERY BOULEVARD IS THE MAIN THOROUGH WAY THROUGH VICKERY PLACE.
AND SO ABSOLUTELY, DEFINITELY A, A SITUATION.
AND SO OUR BOARD OF, UH, DIRECTORS, THE PRESIDENT OF OUR BOARD OF DIRECTORS HAS REACHED OUT TO THE CITY.
UM, THERE, THERE'S TONS OF STUFF THAT THEY'RE TRYING TO DO TO FIGURE OUT HOW DO WE KEEP THOSE DRAINS OPEN? HOW DO WE EITHER REGRADE THE LAND, UM, THEY'RE DOING ALL THE, UH, STREET CONSTRUCTION RIGHT NOW IN VICTORY PLACE.
UM, IT, IT CREATES HAVOC FOR US.
WE'RE IN THIS WEIRD LITTLE WEIRD POINT RIGHT THERE.
SO AT THE TIME THAT THIS HAPPENED, THAT OUR FENCE GOT DEMOLISHED, AND WE CAN GO TO THE NEXT ONE SO YOU CAN SEE WHAT THAT LOOKED LIKE FOR US.
WE START IMMEDIATELY CALLING BECAUSE WHERE YOU SEE THAT UMBRELLA, THAT ORANGE UMBRELLA IN THE BACK, WE, WE HAVE ONE OF THE LARGEST POOLS IN VICTORY PLACE.
IT WAS SCARY TO BUILD IT TO BEGIN WITH.
I HAVE LITTLE NIECES AND NEPHEWS AND THAT'S ALWAYS BEEN WHEN I WAS VERY, VERY YOUNG.
WE LOST A COUSIN IN A POLE ACCIDENT.
THAT'S ALWAYS BEEN A FEAR OF MINE, EVEN PUTTING THE POLE IN.
WE ALSO HAVE A LITTLE FRENCHY, FRENCHIES DON'T SWIM AGAIN.
ANOTHER FEAR OF MINE THAT SOMETHING CATASTROPHIC WOULD HAPPEN WITH THIS POOL.
AND THEN WE'RE ON TOP OF A MOUNTAIN WITH SKETCHY SIGNAL RECEIVING THESE PHOTOS.
UM, THE YOUNG LADY IN THE PICTURE IS A, A VICTORY PLACE RESIDENT WHO WENT OUT THERE AND WAS DOING HER BEST TO JUST MAKE SURE THAT EVERYTHING WOULD BE SAFE ENOUGH UNTIL THEY COULD GET AHOLD OF PEOPLE.
SO THEY'RE TEXTING US NUMBERS, TRYING TO FIND ANY CONTRACTOR WHO CAN GO SECURE OUR HOME.
NOT TO MENTION THE FACT THAT WE HAVE GLASS BACK DOORS.
SO NOW OUR, OUR WHOLE HOME IS OPEN TO EVERYTHING AND WE'RE NOT, THERE'S NO WAY FOR US TO GET HOME.
SO WE FOUND SOMEBODY WHO SAID, I WILL HANDLE IT.
UM, BUT YOUR ENTIRE FENCE STRUCTURE WAS COMPROMISED.
THE WATER WASHED INTO THE POOL.
AND IF WE GO TO THE NEXT SLIDE, YOU CAN SEE WHAT IT DID ON THE BACKSIDE.
UM, AND SO ALL THIS IS HAPPENING, RIGHT? THE REASON THAT THAT GATE ITSELF DIDN'T COME DOWN IS, IF YOU CAN SEE, WE HAVE AN ELECTRIC SLIDING GATE.
SO IT'S, I THINK THEY'RE LIKE SIX BY SIX INCH POLES AND THEY'RE PUT LIKE FOUR FEET IN CONCRETE.
ALL THE REST OF THE STRUCTURE IS JUST WOOD POSTS THAT ARE PUT INTO CONCRETE.
AND IT JUST SNAPPED ALL OF THEM RIGHT AT THE BASE OF IT WHEN THE, THE SURGE OF WATER CAME THROUGH.
SO OUR CONTRACTOR GOES THROUGH REPAIRS, THE FENCE, UM, GETS US SET UP ON THAT SITUATION.
WE ASKED ABOUT PERMITTING AGAIN, WE'RE ON TOP OF A MOUNTAIN IN COLORADO TRYING TO DO ALL OF THIS WHILE, WHILE WE'RE STILL TRYING TO, YOU KNOW, STAY TRUE TO OUR TRIP.
AND THE PEOPLE THAT WE TOOK ON THIS TRIP WITH US AND WHAT HE SAID WAS, WE WILL APPLY FOR THE PERMIT.
THERE'S NO WAY YOU'RE GONNA GET AN ANSWER FROM THE CITY ON THE PERMITS.
YOU'RE PROBABLY GONNA GET FINED, BUT WE'RE PUTTING A STRUCTURE BACK THAT YOU ALREADY HAD.
SO YOU SHOULD BE TOTALLY OKAY WITH THIS.
I, I, I'VE HEARD MS. DAVIS SAY IT TIME AND TIME AGAIN AND AGAIN.
I SIT ON THE BOARD OF DIRECTORS FOR OUR VICTORY PLACE.
SO I COMPLETELY UNDERSTAND WE WERE BUILDING A STRUCTURE IN OUR MIND.
WE WEREN'T GONNA BE PROBLEMATIC.
WHAT I ASKED HIM WAS AT THE FRONT RIGHT CORNER OF OUR, OUR PROPERTY, THE FENCE USED TO GO IN FRONT OF MY OFFICE WINDOW.
SO IF YOU MEASURED THE CORNER OF MY PATIO WHERE MY, MY FRONT PORCH IS, AND YOU WENT BACK, IT COULDN'T HAVE BEEN MORE THAN FIVE OR SIX FEET.
SO THE FENCE WAS OUT OF ORDINANCE.
WHEN, WHEN THE GENTLEMAN BUILT OUR HOUSE, IT WAS ALREADY WRONG.
WE ALWAYS HAD A PROBLEM WHERE THE CITY GUYS WOULD, THEY COULDN'T READ OUR GAS METER.
AND SO WE LOCK OUR GATES, OBVIOUSLY 'CAUSE OF THE SWIMMING POOL.
UM, THEY COULDN'T READ OUR GAS METER.
SO I ASKED HIM, I SAID, PULL THE FENCE ALL THE WAY BACK AS FAR AS YOU CAN.
WE'LL REDO THE LANDSCAPING THAT AREA, BUT GET ALL OF THAT OUT IN FRONT OF IT.
UM, AND JUST MAKE SURE THAT WE HAVE WHAT WE HAVE.
'CAUSE WE'RE NOT, WE'RE WE'RE GONNA GET HOME AND OUR FENCE IS DONE.
THERE WAS A LOT OF OTHER COSMETIC THINGS HE DID ON THE, ON TOP OF IT.
UM, AND THEN WE GOT NOTICED AFTER WE HAD A NEIGHBORHOOD WINE WALK.
UM, AND SO WE WERE THE HOST HOUSE.
UM, BEING ON THE BOARD OF DIRECTORS, I OPENED UP MY HOME.
WE'RE THE FIRST HOUSE THAT COMES IN.
SO IT'S 150 RESIDENTS WHO WALK THROUGH FROM OUR SPECIFIC NEIGHBORHOOD.
IT WAS ONLY A NEIGHBORHOOD SPONSORED EVENT, UM, WALK THROUGH AND ARE JUST PROVIDING ACCOLADES.
THEY LOVE THE BACKYARD, THEY LOVE THE, THE, THE FENCE.
YOU GUYS DID METAL POLES BECAUSE EVERYONE KNOWS OUR HOUSE.
THERE'S A REASON MY NEIGHBORS TAKE PICTURES WHEN STUFF LIKE THIS HAPPENS, UM, BECAUSE OF THE FLOODING.
[04:05:01]
NEXT THING I GET IS A COUPLE DAYS LATER, NOTICE BY SOME OF MY NEIGHBORS WHO SAID, HEY, SOMEONE'S REACHING OUT.THEY'RE GONNA CREATE A LITTLE BIT OF A PROBLEM FOR YOU.
UM, APPARENTLY PART OF YOUR FENCE IS OUT OF ADHERENCE.
IT IS ON THE PERSON WHO OWNS THE HOME TO UNDERSTAND.
I DIDN'T KNOW THAT THIS LITTLE BIBLE FOR VICTORY PLACE EXISTED.
I WASN'T ON THE BOARD AT THAT TIME.
AND SO I TOOK THE TIME TO GO THROUGH AND READ IT.
UM, WE TALKED TO OUR FENCE GUIDE AND, AND ASKED HIM, YOU KNOW, WHAT ARE, WHAT ARE OUR OPTIONS IF I TELL YOU THAT WE HAVE TO TAKE A PART OF OUR FENCE DOWN? UM, THIS IS IN THE REST OF MY LETTER, BUT I HADN'T HAD TO BUILD A FENCE BEFORE WE CAME FROM NEW BRAUNFELS WHERE WE LIVED ON TWO ACRES.
IF YOU PUT A FENCE UP, I FENCED IN AN ACRE AND IT COST ME ABOUT $5,000 IN MY NEIGHBORHOOD, $40,000.
AND SO THAT WASN'T SOMETHING WE PLANNED, IT WASN'T SOMETHING WE BUDGETED.
UM, YOU KNOW, WE'RE, WE'RE VERY CONSCIENTIOUS WITH OUR MONEY.
IT WASN'T SOMETHING THAT WE SAID, WELL LET, WE'RE GONNA DO THIS LATER ON.
LET'S START SAVING SO THAT WE CAN PAY FOR THIS.
THIS IS A THING THAT'S JUST THROWN IN MY LAP AND I DON'T REALLY HAVE A CHOICE IN IT.
AND SO ONCE WE GET TO THAT POINT THAT WE'VE SPENT A $40,000 INVESTMENT ON SOMETHING THAT INSURANCE AFTER DEPRECIATION AND EVERYTHING WASN'T GONNA COVER, UM, YOU KNOW, MORE THAN A COUPLE THOUSAND DOLLARS, IT TURNED INTO, LET'S FIGURE OUT IF THERE'S A WAY, WAY OF, OF AVOIDING CUTTING THE FENCE.
BECAUSE EVERYONE IN OUR NEIGHBORHOOD, AND I'M NOT GONNA SAY ALL HOUSES, IF YOU DRIVE THROUGH VICKERY, EVERYBODY HAS EIGHT FOOT FENCES.
IT, IT IS THE EXCEPTION TO SEE THE LOWER FENCE AND IT LOOKS ODD.
IT'S SOMETHING THAT UNLESS YOU PAY ATTENTION TO IT.
'CAUSE NOW I'M A FENCE CONNOISSEUR.
YOU WOULD NEVER HAVE NOTICED THAT.
BUT NOW AS I WALK THROUGH THE NEIGHBORHOOD, WE'RE OUT WALKING THE DOG, IT, IT'S TROUBLESOME THAT THE SHORT FENCE IS WHAT LOOKS ODD.
YOU WALK AND YOU THINK LIKE, I WOULD'VE NEVER NOTICED THAT, EXCEPT NOW ALL I DO IS LOOK AT FENCES ALL DAY.
UM, WE ARE THE, WE'RE NOT THE EXCEPTION.
IT'S NOT LIKE WE BUILT SOMETHING.
I'VE HEARD ALL THESE CASES TODAY.
WE'RE NOT BUILDING A SEVEN FOOT FENCE OUT ON RANCH PROPERTY.
WE PULLED IT BACK, WE LOOKED BACK.
TREVOR HELPED ME LOOK UP SOME PHOTOS.
UM, WE DON'T TYPICALLY TAKE PICTURES OF THE OUTSIDE OF OUR HOUSE.
AND IT'S, IT'S A WEIRD SIDE OF IT BECAUSE OF THAT ALLEY PULLS ON THE OTHER SIDE.
THAT'S WHERE WE SPEND ALL OUR TIME.
UM, THE FENCE DID USE TO DROP.
AND SO I DO ADMIT IN THAT, THAT WE WERE WRONG.
AND WHEN WE PULLED IT BACK, THAT WAS THE SECTION WE THOUGHT WE WERE CUTTING OUT.
THAT WOULD'VE BEEN OUT OF ADHERENCE AS WELL BECAUSE IT'S SUPPOSED TO BE IT THE BYLAWS TO THE REAR CORNER OF THE ACTUAL PHYSICAL STRUCTURE OF THE HOUSE.
IT WASN'T THERE, WHICH IS WHY WE DIDN'T LOOK AT IT.
IT WOULD'VE BEEN ON THE SIDE OF MY HOUSE.
I WOULD'VE HAD TO WALK AROUND LIKE WHERE YOU KEEP A GAS METER WHERE WE JUST DON'T GO BACK THERE.
UM, I'M GONNA CONTINUE TO READ JUST BECAUSE IT WAS REALLY IMPORTANT THAT I GOT THOSE THOUGHTS DOWN, BUT I WANTED SOME CLARITY ON WHAT WE'RE TALKING ABOUT.
UM, AS FERVENT RESIDENTS OF VRY PLACE, MAINTAINING THE AESTHETIC APPEAL OF OUR HOME ALIGNS WITH OUR COMMITMENT TO UPHOLDING THE NEIGHBORHOOD'S ESSENCE, WITNESSING NEGLECTED LANDSCAPES, DILAPIDATED COVERED VEHICLES OR ILL-FITTING MARINE OR WATERCRAFT EQUIPMENT IN OUR VICINITY DOESN'T REFLECT OUR NEIGHBORHOOD'S ETHOS, BUT RATHER DETRACTS FROM ITS BEAUTY AND CHARM.
IN CONTRAST, OUR NEWLY INSTALLED FENCE, THOUGH AN INVESTMENT IS SUPPORTED BY OUR NEIGHBORS FOR ITS CONTRIBUTION OF VICAR'S PLACE, ALLURE AND THE SECURITY IT AFFORDS US AS THE HOMEOWNERS.
WE AS RESIDENTS WANT TO ENSURE ALL HOMES AND PEOPLE HAVE THE SAME FEELINGS WHEN THEY WALK THE STREETS OF VICKERY THAT WE DO.
WE TAKE IMMENSE PRIDE IN THE STRUCTURE AND THE BEAUTY OF OUR FENCE AND WHAT IT DOES FOR OUR, OUR HOME.
OUR FENCE AT ITS CURRENT HEIGHT DOES NOT STAND OUT ALONE IN THE VICTORY NEIGHBORHOOD.
IN FACT, THE MAJORITY OF THE HOMES IN OUR NEIGHBORHOOD HAVE THE VERY FENCE HEIGHT WE ARE DEFENDING TODAY TO INTERPRET THE ORDINANCE.
AND IT'S 26 3 91 4 G TWO A, WHICH IS THE FENCE PORTION.
IT READS FENCES IN THE SIDE YARD, WHICH IS IN THE AREA FROM THE FRONT OF THE HOUSE TO THE BACK PLANE OF THE HOUSE WOULD BE ALLOWED TO BE A MAXIMUM OF SIX FEET TALL PER EXHIBIT C.
THIS WOULD ALLOW MORE LIGHT AIR AND SPACE TO EXCE EXIST BETWEEN HOUSES AS OPPOSED TO A TALLER FENCE THAT WOULD ACTUALLY TOUCH THE EAVES OF THE NEIGHBORING HOUSES, MAKING IT DIFFICULT FOR THE HOMER TO PAINT, PREPARE, OR EVEN ACCESS THAT SIDE OF THEIR HOME.
THE WEST SIDE OF OUR PROPERTY, OUR HOME'S WEST SIDE ISN'T BORDERED BY ANOTHER PROPERTY, BUT RATHER BY A CITY ALLEY EASEMENT CREATING A 15 FOOT GAP BETWEEN US AND OUR NEIGHBOR, PATRICK BUNKER BUCKNER, WHO RESIDES AT 55 16 VICTORY BOULEVARD.
THE EASEMENT PERMITS UNRESTRICTED ACCESS FROM THE STREET TO THE BACK ALLEY, REGULARLY USED BY PEDESTRIANS WITH DOGS OR INDIVIDUALS TAKING SHORTCUTS.
UNFORTUNATELY, WE'VE ENCOUNTERED SEVERAL CONCERNING INCIDENTS, INCLUDING ATTEMPTS BY HOMELESS INDIVIDUALS TO SET UP ENCAMPMENTS DURING THE WINTER, AND SUSPICIOUS INDIVIDUAL INDIVIDUALS AS WELL AS NEIGHBORS PEERING OVER THE SIDE OF OUR PROPERTY WHILE WE'RE ON OUR OUTDOOR PATIO.
IT'S IMPORTANT TO KNOW THAT THERE IS NO HINDRANCE TO LIGHT, AIR OR SPACE, AND IT DOESN'T IMPEDE PATRICK'S ACCESS TO HIS PROPERTY IN ANY MANNER.
THE LENGTH OF FENCE OUT OF ORDINANCE IN THAT AREA IS APPROXIMATELY
[04:10:01]
30 FEET.SO WE SIX IS THE REQUIREMENT, THE FENCE THAT HE INSTALLED IS EIGHT FEET AND IT'S 30 FEET.
THAT IT'S THE TWO FOOT VARIANCE THAT IT'S, UH, IT'S OUT OF COMPLIANCE ON THE EAST SIDE OF A PROPERTY.
WE SHARE A FENCE WITH 55 28 VICKERY BOULEVARD, WHICH IS ALSO A SHORT-TERM RENTAL PROPERTY OR BUSINESS, BOTH OF WHICH WE FEATURE TWO STORY STRUCTURES.
THE BUSINESS OWNER WHO WE CONTACTED IS SUPPORTS RETAINING THE CURRENT FENCE STRUCTURE.
AND I UNDERSTAND THAT SHE HAD SENT IN SOMETHING, UM, THROUGH THE EMAIL AS IT ENHANCES PRIVACY FOR BOTH PROPERTIES.
GIVEN THAT THIS AREA COMPROMISES, EXCUSE ME, COMPRISES OF GRANITE AND PATIO STONE RATHER THAN GRASS.
NEITHER OF US HAVE A DESIRE FOR VEGETATIVE GROWTH IN THE SPACE.
THE INCREASED PRIVACY SERVES THE BUSINESS OPERATION NEEDS AND PROVIDES PRIVACY FOR US AS RESIDENTS ADDRESSING THE REQUIREMENT OF BOTH PARTIES EFFECTIVELY.
THE SECTION OF THAT THAT'S OUT OF ADHERENCE IS IT'S 14 FEE.
IT'S THE SAME THING SIX TO EIGHT.
BUT FOR 14, OUR COMMITMENT TO SECURING OUR PROPERTY LED TO AN INVESTMENT EXCEEDING $40,000 IN THE CONSTRUCTION OF THE NEW FENCE.
THIS COST MIGHT COME AS A SURPRISE, AS IT SURE DID FOR US WHEN WE BEGAN GETTING QUOTES AND REFLECTS PREVAILING RATE FOR FENCE REPLACEMENT IN OUR AREA.
LIKE MANY, WE WERE INITIALLY TAKEN BACK BY THE FIGURE, AND ANY ADDITIONAL FINANCIAL OBLIGATIONS IN THIS MATTER WOULD IMPOSE A SIGNIFICANT STRAIN ON OUR FAMILY, PARTICULARLY DURING THE APPROACHING HOLIDAY SEASON.
AS A RESULT, WE'RE ALSO KINDLY SEEKING REIMBURSEMENT FOR THE $900 INCURRED AS OUR FILING FEE.
OUR AIM IN THE REQUEST IS TO ALLEVIATE SOME OF THE FINANCIAL BURDEN, HOPING TO OFFSET A PORTION OF THE SUBSTANTIAL 40,000 INVESTMENT WE'VE ALREADY MADE IN SECURING OUR PROPERTY.
THE OTHER THING THAT WE THINK ABOUT, LIKE AS THE HOMEOWNER, WE'RE SITTING THERE, UM, LOOKING AT ALL OF THIS AND, AND TRYING TO DEFEND OUR CASE AND, AND BUILD, WHAT ARE THE JUSTIFICATIONS? WE, WE HAVE A GOOD WORKING RELATIONSHIP NOW WITH THE VRBO NEXT, UM, NEXT DOOR TO US WASN'T ALWAYS THE CASE.
UM, WE'VE HAD PEOPLE WHO, WHICH WAS REALLY, REALLY IMPORTANT THAT WE HAD A STRONG FENCE BECAUSE THAT SIDE OF THE FENCE DID NOT COME DOWN.
BUT WHAT WE WERE TOLD WAS, BECAUSE IT WAS A WOOD STRUCTURE SET INTO CONCRETE THAT'S THREE OR FOUR INCHES UNDER DIRT, IT WAS COMPROMISED AND IT WAS A MATTER OF TIME.
SO THEY ACTUALLY COULD GRAB THE FENCE AND JUST SHAKE IT.
WE HAD INDIVIDUALS FROM THE RENTAL HOUSE LOSE BALLS OVER THE FENCE 'CAUSE THERE'S A BASKETBALL COURT THEY INSTALLED BACK THERE AND THEY ACTUALLY SCALED OUR FENCE AND JUMPED IT NOT KNOWING IN REALIZING WE HAVE A SWIMMING POOL.
AND SO NOW WE HAVE SOMEONE WHO JUMPS OUR FENCE FOR WHATEVER REASON, THEY WEREN'T HURT, BUT THEY JUMPED A SIX FOOT FENCE HITTING A POOL, HITTING THE COPING THAT WE HAVE ON THE POOL AND, AND MORE BECAUSE IT WAS THEIR IGNORANCE AND STUPIDITY THAT THEY, I THINK DIDN'T DO ANYTHING, BUT WE KNEW THEY HAD THE RIGHT TO, THEY HAD THE RIGHT TO FILE CHARGES AGAINST OUR POLICY.
THEY COULD HAVE GOT REALLY HURT.
THEY COULD HAVE KILLED THEMSELVES.
JUST, JUST SO YOU KNOW, YOU'RE ABOUT AT 17 MINUTES.
I'M GONNA, SO I'M NOT CUTTING YOU OFF,
UM, I WANT TO GO TO THE NEXT PICTURES JUST TO SHOW I WHAT WE HAD ELSE, UH, WHAT, WHAT ELSE WE HAD ON THE SLIDE.
THIS IS THE STRUCTURE AS IT IS TODAY.
SO IF YOU CAN SEE, WE PUSHED IT BACK.
WE HAVE IT PAST THE GAS METER.
AND IF YOU LOOK INTO THE ALLEY BEHIND US, SO I'M GONNA ASK YOU A QUESTION HERE.
THIS WON'T COUNT AGAINST YOUR TIME.
YOUR PROPERTY'S ON THE LEFT, CORRECT? YES, SIR.
AND THAT FENCE SAYS CONSTRUCTED AS EIGHT FEET? YES, SIR.
YOUR NEIGHBOR TO YOUR WEST, RIGHT? YES, SIR.
WHAT ARE THE TWO FENCE? SO EIGHT FOOT IS THE ONE THAT'S AT THE REAR AND THEN THE OTHER, AND SIX FOOT IS IN FRONT.
SO WHAT ABOUT THEIR EIGHT FOOT FENCE? SO THE WAY THAT THE ORDINANCE IS WRITTEN, AND THIS WAS WRITTEN, WRITTEN, WAS THAT BACK PLANE? YES.
AND SO THAT'S WHAT WE HAD PREVIOUSLY, BUT OURS DIDN'T COME.
IF YOU LOOK PATRICK'S GOES SUBSTANTIALLY FAR.
IT, IT, IT, I THINK IT'S EVEN PAST HIS PATIO FROM SO, SO WHEN IS, WHEN DOES THE BACK PLANE BEGIN? AT THE ACTUAL CORNER OF THE HOUSE WHERE YOU TAKE RESIDENCE.
AND SO BECAUSE WE HAVE WHERE YOU SEE THAT FIREPLACE COMING UP ON OURS? YES.
THAT'S A COVERED PATIO, UM, LARGE COVERED PATIO THAT CONNECTS TO OUR, UH, OUR GARAGE STRUCTURE.
YOU CAN'T BY THE ORDINANCE BE BEFORE THAT.
I'M JUST TRYING TO UNDERSTAND WHAT THE PICTURE'S TELLING US.
AND, AND SO BECAUSE WE HAVE THIS DIFFERENT SITUATION WAS REALLY WHY WE DIDN'T JUST GO CUT THE FENCE.
WE, WE RESPONDED, WE ASKED THE QUESTIONS.
WE MET NUMEROUS TIMES WITH, WITH MS. BARKUM, UM, WHO'S MOST HELPFUL, BUT IT WAS THAT WE ARE A LITTLE BIT DIFFERENT OF A SITUATION.
50 YEARS AGO WHEN THEY CREATED THE ORDINANCE, WHAT THEY PUT, THAT WAS ME SENDING A TIMER FOR MY 20 MINUTES.
UM, I UNDERSTAND THAT THEY WROTE THAT ORDINANCE FOR A REASON, BUT WHEN YOU READ IT AND HOW IT APPLIES TO OUR SPECIFIC PROPERTY, I THINK THAT THERE IS A VARIANCE.
THE THE THING THAT I STRUGGLE WITH IS THAT I'M NOT THE EXCEPTION.
[04:15:01]
IF YOU LOOK AT MY NEIGHBOR ACROSS THE STREET, IF YOU LOOK TO ANYONE IN THE NEIGHBORHOOD, IT LOOKS WEIRD WHEN YOU SEE A FENCE THAT DROPS AND FALLS OR WHEN YOU HAVE THOSE SHORT FENCES IN THE FRONT.UM, SO IT'S HARD NOT TO FEEL LIKE WE'D BE SINGLED OUT BECAUSE WE GOT REPORTED AND, AND WE GOT REPORTED FOR REASONS THAT I UNDERSTAND AND THAT I'M AWARE OF.
BUT THE ENFORCEABILITY OF THAT ORDINANCE FOR, FOR CONSISTENCY THROUGHOUT OUR NEIGHBORHOOD, IT ALMOST COULDN'T EXIST.
WE KNOW A FRIEND AND, AND FOR REASONS I SAW WHAT THE GENTLEMAN DID WHERE HE TOOK A MEASURING TAPE.
I, I WAS NOT GONNA GO ON SOMEONE'S PROPERTY AND MEASURE THE TAPE, NOR WOULD I WANT TO BRING THEM INTO SOMETHING THAT I WAS HOPING THAT WE COULD GET RESOLVED.
BUT WE HAVE A FRIEND THAT PUT UP A 10 FOOT FENCE.
THERE'S FENCES THAT ARE ON THREE FOOT EASEMENTS THAT GIVES 'EM THE 10 FOOT FENCE.
UM, WE, WE GOT THE SUPPORT THAT I THOUGHT THAT WE NEEDED.
I GOT THE LETTERS FROM SOME BOARD MEMBERS, AND WE HAVE BEAUTIFULLY CRAFTED LETTERS FROM THE PEOPLE THAT ARE RIGHT IN THE VICINITY OF US.
UM, THE INDIVIDUAL WHO I KNOW, UH, UH, BROUGHT US INTO THIS SITUATION IS NOT WITHIN OUR 200 FEET.
UM, BUT I FIND MYSELF STANDING HERE TODAY.
AND SO, AS I LIKE TO SAY, YOU GO AHEAD.
YOU CAN GO AHEAD AND FINISH YOUR SENTENCE.
I I APPRECIATE YOU GUYS LISTENING AND HOPE THIS WORKS OUT.
QUESTIONS FOR THE APPLICANT, MS. HAYDEN.
UM, SO YOU MENTIONED THAT THE OTHER FENCES IN THE NEIGHBORHOOD ARE EIGHT, EIGHT FEET HIGH.
DO YOU HAVE ANY PICTURES OR PHOTOGRAPHS THAT SHOW THE OTHER FENCES IN THE NEIGHBORHOOD? SO, AS WE LEFT, I I, AND THAT WAS SOMETHING THAT WE KIND OF PONDERED AND, AND THEY DID SAY THAT WE COULD DO IT AND JUST NOT PUT ADDRESSES IF WE WERE AFRAID THAT IT WOULD TURN INTO SOMETHING FOR SOMEONE ELSE.
UM, WHEN I SAW THE PRESENTATIONS THIS MORNING, I WAS THINKING MAYBE THAT CAR DROVE AROUND AND I WAS LIKE, THAT WOULD BE PERFECT, BECAUSE YOU'LL SEE THAT EVERY FENCE AROUND US, UM, HAS THIS, THE BEST THAT I COULD DO WOULD BE PULL UP GOOGLE AND LET YOU DRIVE DOWN OUR STREET AND YOU'LL SEE THE RESPECTIVE PROPERTIES THAT, THAT THAT IS THE NORM FOR OUR AREA.
IT, IT MIGHT NOT HAVE BEEN, I'M SURE IT WASN'T 30, 40 YEARS AGO WHEN THEY WROTE THESE ORDINANCES, BUT THOSE HOMES ALSO WEREN'T TWO STORY STRUCTURES.
THEY WOULD'VE BEEN THE ONE STORY WHICH I COULD UNDERSTAND THAT WOULD, AND IT TOTALLY READS IT WOULD MAKE SENSE.
YEAH, YOU PROBABLY COULDN'T GET TO THE EVE OF A SEVEN FOOT HOUSE WITH A SIX FOOT FENCE.
UM, DEFINITELY WITH AN EIGHT FOOT FENCE, YOU'D BE RIGHT AT THE ROOF LINE, WHICH IS, YOU KNOW, THE PERSON WHO MADE THE COMPLAINT TO CODE OF COMPLIANCE OR TO THE ENFORCEMENT.
UH, UH, FOLKS HAVE ONE OF THOSE HOMES THAT IT IS SUPER SHORT AND NO, YOU COULDN'T HAVE AN EIGHT FOOT FENCE IN THERE.
BUT WHEN YOU LOOK AT OURS, EVEN WITH THAT EIGHT FOOT FENCE, I STILL HAVE 30 FEET OF HOUSE ABOVE ME.
UM, SO TO ANSWER YOU, NO, I HAVE ONE ON MY PHONE THAT I COULD EMAIL OVER AS I WAS DRIVING OUTTA THE NEIGHBORHOOD, I COULDN'T HELP BUT LIKE, TAKE A PICTURE.
DID THAT ANSWER, DID THAT ANSWER YOUR QUESTION? MS. HAYDEN? OTHER QUESTIONS FOR THE APPLICANT? MS. DAVIS, THEN MR. HOP DAVIS.
SO YOU SIMPLY REPLACED YOUR FENCE THE SAME HEIGHT THAT IT WAS BEFORE, EXCEPT YOU, YOU PULLED, YOU, YOU REARRANGED PART OF THE FENCE SO THAT IT WASN'T BLOCKING, YOU SAID YOUR OFFICE, SIR, OR YOUR, YOUR, UH, GAS METER.
CAN YOU EXPLAIN THAT AGAIN? YEP.
SO, UM, ON THE PHOTOGRAPH THAT YOU COULD LOOK DOWN THE ALLEY, THERE'S A GAS METER.
THE FENCE USED TO COME ALL THE WAY UP TO THE FRONT, BUT WHERE IT CAME UP TO THE FRONT, IT WAS SIX FOOT.
SO IT CAME ALL THE WAY TO ALMOST TO THE CORNER OF MY FRONT PORCH AT SIX FOOT, WHICH WOULD'VE BEEN AN ORDINANCE FOR THE HEIGHT.
IT WAS OUT OF, UM, ORDINANCE FOR THE DISTANCE TO THE STREET.
WE WEREN'T THERE TO WATCH HIM BUILD AND DO.
SO WHEN HE INSTALLED THE FENCE, WE, WE DID RECOGNIZE WHEN WE GOT HOME THAT IT WAS LIKE, WOW, THE FENCE IS REALLY TALL IN THAT SECTION, BUT WE DON'T WALK ON THAT SIDE OF THE HOUSE.
ONLY REASON WE EVEN BROUGHT THAT UP WAS BECAUSE HE HADN'T DONE THE OTHER SIDE.
AND SO IT MADE SENSE THAT LIKE, NO, YEAH, I DEFINITELY WANT IT TO MATCH.
THEY'RE NOT SIDE BY SIDE AND THE HOUSE IS WIDE ENOUGH THAT YOU REALLY WOULDN'T BE ABLE TO TELL IF ONE OF THEM WAS LIKE THIS.
UM, BUT WHEN WE TALKED TO THE NEIGHBOR, I SAID WE COULD DO EIGHT.
LIKE WE'RE LIKE WE DID BEFORE OR LEAVE IT.
AND THEY WERE HAPPY WITH THE EIGHT BECAUSE WE HAD SITUATIONS WHERE PEOPLE WERE CLIMBING FENCES AND STUFF LIKE THAT, AND IT FORWARDED THEM THE PRIVACY.
THEY INSTALLED LIKE CURTAINS, THAT'S THEIR PATIO.
IT'S ACTUALLY THE SAME HOUSE THAT WE HAVE, BUT COMPLETELY DIFFERENT.
UH, UM, I DON'T KNOW WHAT I'M TRYING TO SAY.
SO THAT WHERE THEIR POOL IS, WHERE, WHERE OUR POOL IS, WHERE THEIR COVERED PATIO IS.
SO WHEN THEY HAVE THEIR VRBO GUEST OUT THERE, IF WE'RE IN THE POOL, WE'RE BASICALLY CON, YOU KNOW, CONVERSING WITH EACH OTHER.
I CAN HEAR THEM, THEY CAN HEAR US.
THEY PUT UP LIKE BLINDS AND CURTAINS.
UM, SINCE WE PUT THE FENCE UP, WE REALLY DON'T HEAR ANYBODY OVER THERE.
[04:20:01]
UH, THANK YOU FOR COMING TODAY.UH, I'M NOT SURE I UNDERSTAND.
SO THE EIGHT FOOT FENCE IS ON THE SIDE WHERE YOU, WHERE THE EASEMENT IS? CORRECT.
THE EIGHT FOOT FENCE IS ALL THE WAY AROUND OUR PROPERTY.
AND WHAT THE ORDINANCE WRITES FOR IS YOU CAN HAVE EIGHT FOOT FENCE GOING FROM THE BACK ALLEY.
SO THE WAY YOU'RE LOOKING AT ME, IF YOU'RE IN MY BACKYARD AND YOU LOOK FORWARD TO VICKERY BOULEVARD, YOU CAN HAVE EIGHT ALL THE WAY UP TO THE CORNER OF OUR PROPERTY.
AND THEN AT THAT POINT YOU HAVE TO DROP THE FENCE TO SIX FEET BECAUSE OF THE WAY OUR ALLEY IS BUILT.
THAT WOULD GIVE SOMEONE, IF, IF WE DID IT WHERE IT'S SUPPOSED TO BE, IT'S NOT WHERE IT WAS PREVIOUSLY.
IT DID DROP, BUT IT DROPPED CLOSER TO OUR HOUSE.
IF WE DROPPED IT AND WE PLAYED WITH THIS JUST LINE OF SIGHT TRYING TO SEE WHAT WOULD THAT LOOK LIKE? YOU KNOW, LET'S JUST CUT IT AND BE DONE AND NOT HAVE TO DO ALL OF THIS.
IT WOULD BE WHERE IF YOU WERE STANDING IN THE ALLEY, YOU AND I WOULD BE DOING THIS AND I WOULD BE LOOKING INTO PATRICK'S HOUSE, WHICH IS WHY I THINK THEY PULLED IT FORWARD A LITTLE BIT BECAUSE PATRICK'S WINDOWS, UM, WHILE THEY'RE BEAUTIFUL, THEY'RE EXTERIOR WINDOWS.
BUT ON THE INSIDE IT'S HIS KITCHEN, KITCHEN, KITCHEN CABINETRY.
SO IF I LOOK INTO HIS WINDOW, I LOOK THROUGH A GLASS STRUCTURE INTO HIS LIVING ROOM.
I'VE STOOD ON THE OUTSIDE OF THE ALLEY AND LOOKED AT PATRICK AND HE LOOKS AT ME AND HE'S LIKE, IT'S WEIRD.
SO, SO ON THE OTHER SIDE OF THE HOUSE IS WHERE THERE'S A BUSINESS.
AND SO THAT SIDE OF OUR HOUSE, THERE IS A PHOTO THAT, WHICH IS THE EAST SIDE OF THE HOUSE, THE EAST SIDE OF THE HOUSE.
SO IF YOU'RE LOOKING AT MY HOUSE FROM VICKERY, IT'S THE RIGHT SIDE THAT IS HARDER.
AND WE ACTUALLY DIDN'T EVEN REALIZE THAT THAT WAS OUTTA COMPLIANCE UNTIL LIKE MAYBE THREE WEEKS BEFORE, UH, MS. DIANA AND I WERE LOOKING AT THE PAPERWORK AND UM, I THINK WE HAD SUBMITTED IT AND THEN IT KICKED BACK AND THEY HAD CIRCLED IT.
AND I WAS LIKE, WAIT, IS DO WE HAVE TO REWRITE ALL OF THIS? 'CAUSE I DIDN'T DO ANYTHING ON THAT.
WE DIDN'T REALIZE THAT WAS A PROBLEM.
WE THOUGHT IT WAS BECAUSE OF THE EASEMENT.
AND SO THEN WE FINE TUNE COMB IT, AND IT'S LIKE, NO, IT DOESN'T MATTER WHICH SIDE.
SO THAT SIDE IS, UM, IT'S JUST THE, IT'S OUR FIREPLACE AND THEN IT'S THEIR PATIO FIREPLACE.
AND SO THE ORDINANCES WRITTEN THAT OUR HOMES WON'T BE ABLE TO ACCESS YOUR SOFFIT.
WERE BOTH TWO STORY STRUCTURES.
THERE'S, THERE'S NO OBSTRUCTION.
THAT WAS THE LAST PICTURE I TOOK THAT'S LOOKING TOWARDS THE STREET.
YOU CAN SEE WE'RE BOTH TALL AND OPEN.
THERE, THERE, THERE'S, AND THERE'S NO IMPEDIMENT ON SPACE, AIR OR LIGHT.
SO I'M, I ASK A FEW CLARIFYING QUESTIONS.
SO YOU WERE OUT OF TOWN, THERE WAS A, UM, WEATHER EVENT.
YOU ARRANGED FOR A CONTRACTOR TO REBUILD THE FENCE, BUT UNFORTUNATELY THE CONTRACTOR BUILT AN EIGHT FOOT FENCE THE FAR THE FULL LENGTH AS OPPOSED TO SIX FOOT, THEN EIGHT FEET.
UM, THE PREVIOUS FENCE WAS SIX AND EIGHT OR ALL SIX, SIX AND EIGHT.
UM, THE FE AND THE FENCE THAT COLLAPSED WAS ADJACENT TO THIS ALLEY, WHATEVER YOU WANNA CALL THIS EASEMENT.
I LOOKED ON THE PLATT MAP AND IT'S, IT'S DOWN THERE.
UM, WHAT ABOUT THE FENCE THAT IS ON YOUR EAST SIDE? DID THAT COLLAPSE DURING THE WEATHER EVENT? SO IT DIDN'T CO VERY BRIEFLY, IT DIDN'T COLLAPSE IN THE WEATHER EVENT, BUT IT WAS COMPROMISED.
SO, SO ALL OF YOU REPLACED THAT AS WELL? CORRECT.
AND WHAT, AND DID YOU REPLACE THAT AT WHAT HEIGHT? EIGHT FEET.
EIGHT FEET? THE WHOLE LENGTH OR LENGTH? SIX AND EIGHT.
THE, THE WHOLE PROPERTY FENCE IS EIGHT ALL THE WAY AROUND, BUT IT'S SUPPOSED TO BE SIX AND EIGHT ACCORDING TO YOUR KNOWLEDGE NOW OF THE ORDINANCE.
SO YOU HAVE A SIX AND EIGHT AND A SIX AND AN EIGHT, SIX AND AN EIGHT ON THE EAST AND AN ALL EIGHT ON THE WEST.
CURRENTLY WE HAVE EIGHT ALL THE WAY AROUND.
OH, SO, SO THE SIX AND EIGHT WAS REPLACED BY EIGHT AND THE SIX AND EIGHT WAS REPLACED BY EIGHT? CORRECT.
DID THE CITY CITE YOU FOR BOTH SIDES OR JUST ONE SIDE? SO I THINK VERY BRIEFLY.
I THINK IT WAS JUST THE ONE SIDE, BUT WE FIGURED IT OUT.
WELL, WE'RE GONNA HEAR TESTIMONY IN A MINUTE FROM THREE WEEKS AGO.
WE NEVER SAW ANY MENTION OF THE EAST SIDE.
WE, WELL, WE NOW KNOW IT'S IN PUBLIC KNOWLEDGE, SO, RIGHT.
SO WE WENT BACK AND KIND OF AMENDED BOTH, UH, ALL OF THE DOCUMENTATION.
SO THE DOCUMENTATION YOU HAVE IS AMENDED TO SHOW EAST AND WEST SIDE.
LET'S SEE IF I ANSWER MY OWN QUESTION HERE.
UH, IT SAYS APPEALING BUILDING OFFICIAL DENIAL FOR FENCE HEIGHT.
31 FEET ARE OUT OF THE ORDINANCE BY TWO FEET IN HEIGHT ARE SIDE YARD ON WEST SIDE 15 IN THE ALLEY EASEMENT.
SO THEY DON'T REPEAT ON THE LIGHT OF THE AIR, OR IT JUST SAYS WEST SIDE.
IT DOESN'T SAY EAST ON YOUR APPLICATION.
UM, I THINK IT'S ACTUALLY WE IN, AND THEN WE RECOPIED EVERYTHING.
[04:25:01]
OKAY.WELL, I'M JUST LOOKING AT WHAT CAME TO US.
AND THAT'S THE PUBLIC RECORD AND IT, IT, IT REFERENCES WEST SIDE, OUR SIDE YARD ON WEST SIDE ADJOINS A 15 FOOT ALLEY EASEMENT.
SO WE DIDN'T, SO WE DON'T IMPEDE ON THE LIGHT OR THE SPACE AND SO FORTH.
IT DOESN'T SAY ANYTHING ABOUT THE EAST SIDE.
SO I, WE'LL GET THAT CLEARED UP HERE IN A MOMENT.
I THINK I HAVE A, I THINK I HAVE A, A REASONABLE UNDERSTANDING OF WHERE THIS IS AT AND THAT SORT OF THING.
UM, DID YOU TALK TO YOUR FENCE CONTRACTOR AND SAY TO THE FENCE CONTRACTOR, WHY DID YOU BUILD EIGHT WHEN YOU WERE SUPPOSED TO BUILD SIX AND EIGHT? A HUNDRED PERCENT.
AND IT WAS, AND VERY BRIEFLY IT WAS THAT EVERYONE IN OUR NEIGHBORHOOD HAS EIGHT OFFENSES, SO IT'S, HE'S CONSTRUCTING FENCE NOW.
BE CAREFUL, KIND, SIR, WHEN YOU SAY UNDER OATH, EVERYONE IS A VERY SWEEPING STATEMENT.
IF YOUR GOOD FRIEND OVER HERE SAID EVERYONE, I'D CHALLENGE HIM ON IT.
SO HE'S NOT GONNA SAY THAT BECAUSE HE SHOULD KNOW THAT I WILL CHALLENGE HIM.
SO BE VERY CAREFUL ABOUT SAYING EVERYONE.
SO ESPECIALLY SINCE YOU HEARD MS. HAYDEN ASK FOR EVIDENCE.
SO, AND I'D BE HAPPY TO, HOLD ON, LET ME FINISH.
THIS IS NOW OUR QUESTIONS ANSWER TIME.
SO, UM, THERE'S A CASE THAT COULD BE MADE IF THERE WAS INCONSISTENT ENFORCEMENT MAYBE, OR MAYBE MOST OR ALMOST ALL OR ALL OF EIGHT.
BUT WE'VE YET TO HAVE THAT PROVEN.
SO I'M, I STILL HAVEN'T FIGURED OUT TO WHAT EXTENT OF THAT.
SO AGAIN, BACK TO MY QUESTION, DID YOU CONTACT YOUR FENCE CONTRACTOR TO SAY, WHOOPS, WHAT HAPPENED HERE? YES, AND THAT'S WHAT I AND WHAT DID HE SAY? THAT'S WHAT I SAID IN THE EARLIER TESTIMONY IS THAT HE SAID HE COULD CUT THE FENCE.
'CAUSE I SAID WE HAVE EIGHT FOOT, IT DOESN'T DROP AT ALL.
HE SAID, I CAN CUT IT WHEN HE'S STANDING THERE.
DID YOUR FENCE CONTRACTOR ACKNOWLEDGED THAT HE MADE A MISTAKE IN THE HEIGHT? YES.
WHEN HE'S BUILDING OUR FENCE AND HE LOOKS DIRECTLY ACROSS, THIS IS MY FENCE.
I I'M, THERE'S AN EIGHT FOOT FENCE THAT COMES TO THE, I'M ASKING SPECIFIC QUESTIONS.
I, I, I GET YOU, YOU HAD YOUR 20 MINUTES.
I WELL, OKAY, THEN I'M CUTTING YOU OFF.
SO, UH, SO YOU'RE, YOU ASKED THE FIX CONTRACTOR, DEFENSE CONTRACTOR ADMITTED THAT THE, HE MADE A MISTAKE.
IT WOULD BEG THE QUESTION THAT THE BURDEN IS YOUR, ON YOUR CONTRACTOR.
THAT'S JUST BEGS THE QUESTION.
SO WE'LL SEE WHERE THE BOARD GOES WITH THIS.
UM, OKAY, THAT'S ALL MY QUESTIONS FOR NOW.
THERE'S PLENTY OF OPPORTUNITY FOR QUESTIONS ANSWERED HERE.
ANY OTHER QUESTIONS FOR THE APPLICANT? THEN WE'RE GONNA HEAR FROM THE BUILDING OFFICIAL AND WE CAN ASK THE BUILDING OFFICIAL QUESTIONS AND THEN WE CAN ASK ANYONE QUESTIONS.
YOU CAN GO AHEAD AND SIT DOWN.
CONSISTENT WITH OUR RULES OF PROCEDURE RELATING TO APPEALS OF ADMINISTRATIVE DECISIONS, UH, THE BUILDING OFFICIAL NOW HAS 20 MINUTES, HOPEFULLY UNINTERRUPTED BY MYSELF, BUT I PROBABLY WILL, BUT I WON'T COUNT IT AGAINST YOU.
SO IF YOU WOULD, UM, INTRODUCE YOURSELF AND THEN GET SWORN BY THE BOARD SECRETARY.
UM, AND DO WE HAVE COMPUTER? OH, WE'VE GOT IT THERE, BUT JUST NOT THE BIG SCREEN.
OKAY, MS. WILLIAMS. OH MY GOD.
BUT I'VE GOT WEBEX HERE STILL.
I, OKAY, WELL, WELL BOARD MEMBERS HAVE IT RIGHT.
SO WE HAVE, WE SEE THERE AND WE'VE GOT IT HERE.
SO IF IT'S FED INTO THERE, WE'VE GOT THAT.
SO SIR, IF YOU'D INTRODUCE YOURSELF AND THEN OUR BOARD SECRETARY WILL DO THE SWEARING.
I'M THE CHIEF PLANNER FOR CONSERVATION DISTRICTS, UH, REPRESENTING THE CITY'S POSITION ON THIS MATTER.
UH, HOPEFULLY, UH, MY PRESENTATION WILL SHED SOME LIGHT ON QUESTIONS THAT WERE ASKED OF THE APPLICANT.
NOW GO AHEAD AND SWEAR 'EM IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
NOW YOU HAVE YOUR 20 MINUTES, SIR.
JASON, IF I HIT THIS, IT'S NOT SHOWING UP ON YOUR SCREEN, BUT IF I HIT THIS X ON THE WINDOW THAT I'M SHARING, WILL IT CLOSE ME OUT OF WEBEX OR THERE'S A THERE'S A SMALL WINDOW LIKE IT IS IN TEAMS. I GUESS I CAN MOVE IT AROUND
YEAH, I DON'T WANT TO, I DON'T WANNA DELAY US ANYMORE.
YEAH, THAT CLOSE, THAT THAT'S WHAT THAT RELATED.
UNFORTUNATELY, I DON'T GET MY, MY NOTES, BUT ALL
[04:30:09]
OKAY.VICKERY BOULEVARD IS LOCATED WITHIN AND I NEED YOU A LITTLE BIT CLOSER TO THE MICROPHONE.
SO WE ALL THANK YOU VERY MUCH.
5 5 2 4 VICKERY BOULEVARD IS LOCATED IN CD 15 VICKERY PLACE CONSERVATION DISTRICT.
THIS PRAIRIE STYLE HOME WAS CONSTRUCTED IN 2014 UNDER FOLLOWING THE REGULATIONS OF THE CONSERVATION DISTRICT.
I WILL CLARIFY, UH, MR. VAN'S POINT, THE ORDINANCE WAS ENACTED IN 2006, SO NOT QUITE 50 YEARS OLD, BUT UH, IT'S GETTING ON UP THERE IN AGE.
UM, AND SO THIS HOUSE WAS BUILT FOLLOWING THE, UH, REGULATIONS OF THE ORDINANCE.
UM, CD APPROVED THE NEW SINGLE FAMILY DWELLING IN 2013, WHICH MEANS NOTHING WOULD BE NON-CONFORMING.
'CAUSE THE HOUSE WAS BILLED AFTER THE ORDINANCE YOU PUT IN.
UH, AND SO, UH, APPARENTLY AS PART OF THE ORIGINAL, UH, SINGLE FAMILY DWELLING, THE FENCE WAS NOT PART OF THAT UH, REVIEW.
SO IN AUGUST, 2014, THE CD WORK REVIEW APPLICATION WAS SUBMITTED FOR QUOTE AN EIGHT AND A HALF FOOT WOOD FENCE ON A SIDE AND BACK ON SIDE AND BACK OF PROPERTY APPROXIMATELY 260 FEET.
THE CONSERVATION DISTRICT APPROVED A PLAN WITH CONDITIONS INCLUDING THAT THE FENCE IN THE SIDE YARD MAY NOT EXCEED SIX FEET IN HEIGHT.
UM, THE PLAN THAT YOU SEE ON THE SCREEN IS THE ONE THAT WAS APPROVED.
THOSE HIEROGLYPHICS ARE FROM MY PREDECESSOR AND I CAN, UNFORTUNATELY, I LOST THE NOTES WHERE I HAD TRANSLATED THOSE.
BUT, UM, THE NOTE ON THE LEFT HAND SIDE, UM, SAYS, MUST BE SETBACK FIVE FEET FROM FRONT CORNER.
YOU TALKING ABOUT IN THE RED? YES, SIR.
IN THIS, IN THIS CLOUD THING, UHHUH
SO ON THE LEFT HAND SIDE JUST ABOVE VICKERY BOULEVARD, UM, MUST BE SET BACK FIVE FEET FROM FRONT CORNER OF THE FACADE, EXCLUDING PORCHES.
AND THEN, UH, ON BOTH SIDES YOU'LL SEE THE SAME NOTE THAT SAYS CANNOT EXCEED SIX FEET IN HEIGHT WITH BRACKETS THAT BASICALLY GO FROM WHERE THE FENCE BEGINS, CLOSEST TO VICKERY BOULEVARD AND ENDING AT THE REAR CORNER OF THE MAIN STRUCTURE THERE.
THEN IN THE REAR YARD IT SAYS UP TO NINE FEET ON THE LEFT HAND SIDE ARE THE CONDITIONS THAT APPEARED ON THE CERTIFICATE.
UNFORTUNATELY, UH, THE SYSTEM WAS DOWN SO I COULDN'T HOLD THE ACTUAL CERTIFICATE, BUT THIS IS COPIED DIRECTLY FROM THE SYSTEM.
UH, WHEN THE FENCE WAS APPROVED IN 2014, THEY CITED THE, UH, PERTINENT UH, REGULATIONS FENCE INSIDE YARD.
MAY NOT EXCEED SIX FEET IN HEIGHT, ABOVE GRADE.
FENCE IN REAR YARD, MAY NOT EXCEED NINE FEET.
SO THIS SAID NINE FEET, THEY BUILT EIGHT FEET.
IT COULD GO UP TO NINE IN THE BACK PORTION.
RIGHT? PER THE ORDINANCE? PER THE ORDINANCE.
SO THIS IS AN APRIL, 2015 GOOGLE STREET VIEW IMAGE SHOWING THE FENCE SHORTLY AFTER IT WAS COMPLETED.
UH, YOU SEE THE SIX FOOT PORTION THERE, UH, IN THE FRONT BEFORE IT STEPS UP THERE AT THE REAR CORNER OF THE MAIN STRUCTURE.
SO, UH, IN MAY OF THIS YEAR, WE RECEIVED A COMPLAINT THROUGH 3 1 1 FOR A FENCE CONSTRUCTED WITHOUT CD APPROVAL AND VIOLATING THE HEIGHT.
UM, SHORTLY THEREAFTER, MR. VAN, UH, QUICKLY SUBMITTED A CD WORK REVIEW APPLICATION FOR QUOTE, A WOODEN FENCE DESTROYED IN STORM REPLACING WITH SAME TYPE SIZE LOCATION WITH EXCEPTION OF WEST FRONT CORNER, PULLED BACK FIVE FEET FROM THE CORNER OF THE HOUSE.
UH, THIS, THAT APPLICATION WAS ULTIMATELY DENIED, UH, IN OCTOBER.
SO THAT, UH, THEY COULD APPEAR BEFORE YOU FOR AN APPEAL TO OUR DECISION TO DENY.
UH, AS MENTIONED, I THINK BELIEVE DURING THE BRIEFING, THAT'S BECAUSE WHEN, IF THE ORDINANCE DOES NOT ALLOW FOR THEM TO COME BEFORE YOU FOR A SPECIAL EXCEPTION, THEN THE ORDINANCE MUST BE FOLLOWED AND OR WE WOULD DENY AN APPLICATION THAT DID NOT FOLLOW THOSE GUIDELINES.
SO AS EACH CONSERVATION DISTRICT ORDINANCE MAKES IT THROUGH THE PLANNING COMMISSION AND APPROVED BY THE COUNCIL, IT GIVES THESE RIGHTS FOR APPEAL TO THE BOARD, JUSTIN OR NOT? THAT'S WHAT YOU JUST SAID.
'CAUSE WE HAD A CASE EARLIER TODAY THAT THE CD SAID THAT THEY HAD APPEAL RIGHTS TO THE BOARD.
SO TO CLARIFY YOUR VERBIAGE THERE, AN APPEAL IS DIFFERENT THAN A SPECIAL EXCEPTION.
OH, WE'RE HERE TODAY TO HEAR AN APPEAL.
OH YES, I UNDERSTAND IT'S APPEAL.
ALRIGHT, SO IN OTHER WORDS, A IN THAT CASE EARLIER TODAY, IT SAID THAT A SPECIAL EXCEPTION UNDER THAT CD, WHATEVER IT WAS, WAS IT EIGHT CD EIGHT CD EIGHT COULD BE OBTAINED BY THE BOARD OF ADJUSTMENTS.
SO IT GAVE RIGHTS THE WAY, UH, I WON'T, I WON'T QUOTE IT EXACTLY, BUT IT BASICALLY SAID IF 51 A ALLOWS FOR A SPECIAL, SPECIAL EXCEPTION TO SOMETHING COVERED UNDER THIS ORDINANCE.
THEN THEY HAVE THE ABILITY TO GO FOR ONE AS WELL.
THAT LANGUAGE IS LACKING IN CD 15, SO WE SHOULD NEVER ASSUME
[04:35:01]
JUST 'CAUSE IT'S IN A CD MEANS THEY HAVE A RIGHT FOR A SPECIAL EXCEPTION, IT HAS TO BE CALLED OUT IN THE ORDINANCE.IT'S MORE THAN LIKELY THAT THEY WILL NOT HAVE THE ABILITY REMEMBERING THAT THESE NEIGHBORHOODS ARE CREATED FOR CONSERVATION DISTRICTS TO PRESERVE THE CHARACTER OF THE NEIGHBORHOOD.
SO SPECIAL EXCEPTIONS TO WHAT THEY FELT LIKE WAS THE CHARACTER OF THE NEIGHBORHOOD MEANS WE'RE NOT UNDERSTOOD CONSERVING THE CHARACTER OF THE NEIGHBORHOOD.
SO HERE IS THE CD WORK REVIEW, UH, FORM THAT WAS SUBMITTED AS PART OF, UH, APPLICATION CD 2 3 0 5 1 0 0 3.
JUST FOR CLARITY, THE LANGUAGE ON THE LEFT IS MY, UH, TRANSCRIPTION FENCE REPLACEMENT.
SAME KIND, SAME, SAME KIND, SIZE AND LOCATION.
EXISTING FENCE WAS BLOWN DOWN IN THE STORM IS BEING REPLACED WITH THE SAME WOODEN FENCE EXCEPT WITH METAL POSTS BOARD ON BOARD TO STRENGTHEN THE FENCE AGAINST THE WINDS WE GET IN THE OPEN ALLEY EASEMENT NEXT TO OUR HOUSE WEST SIDE.
THESE ARE THE DOCUMENTS THAT WERE SUBMITTED ALONG WITH THAT APPLICATION.
THE PHOTO ON THE LEFT, I'M NOT QUITE SURE WHERE THAT IS.
THAT MAY JUST BE INDICATIVE OF A BOARD ON BOARD FENCE.
UH, THE SURVEY, THE MARKED UP SURVEY ON THE LEFT WAS SUBMITTED INDICATING, UH, AN EIGHT FOOT FENCE AROUND THE ENTIRETY OF THE PROPERTY.
I ADDED THAT BLUE DASH LINE TO INDICATE WHERE WE WOULD EXPECT FOR A SIX FOOT FENCE TO BE ABLE TO TRANSITION UP TO A NINE FOOT FENCE IF THEY WERE INTERESTED IN DOING THAT.
ALRIGHT, SO WE'RE, WE'RE ALL INTERPRETING THIS.
WE'RE LOOKING AT THE RIGHT SIDE.
SO VICKERY IS THE FRONT OF THE STREET, WHICH THAT'S WHERE THE HOUSE FACES.
THAT'S THE BOTTOM RIGHT? YES, SIR.
WHICH WOULD BE NORTH, I ASSUME, RIGHT? THE HOUSE FACES NORTH.
SO THE BLUE LINE REPRESENTS WHAT PLEASE, THAT IS THE REAR FACADE OF THE MAIN STRUCTURE.
AND THAT'S IMPORTANT BECAUSE THAT IS THE AREA WHERE A FENCE CAN TRANSITION FROM A SIX FOOT FENCE FENCE, KIND OF LIKE THAT BLUE LINE THIS MORNING FENCE, DIFFERENT SCENARIO, BUT THE BLUE LINE THIS MORNING THAT WE DEALT WITH AND THIS ONE.
SO THAT'S WHEN IT IS SUPPOSED TO TRANSITION? IT CAN TRANSITION, IT CAN, IT DOESN'T HAVE TO MM-HMM.
AND IS THIS WHO DREW THE BLUE LINE OR IS THAT SOMETHING ON A PLAQUE? THAT WAS ME ADDING THAT FOR BASED ON DISCUSSIONS.
UH, AND THIS IS THE ONLY SITE PLAN THAT I'VE GOT AS PART OF MY PRESENTATION.
I'M JUST TRYING TO FIGURE OUT YES, PLEASE.
MR. N AND MS. HAYDEN, SO MY UNDERSTANDING BASED ON THIS DIAGRAM IS THAT THEY CAN HAVE THEIR, THE EXISTING EIGHT FOOT FENCE IN HEIGHT ON THE SIDES AND IN THE REAR PORTION PAST THE BLUE LINE.
IT'S JUST THIS SIDE OF THE BLUE LINE.
AND, AND IF HE WILL LET ME, I'VE GOT SOME OTHER ILLUSTRATIONS.
WE, EVERYTHING'S INTERACTIVE HERE.
THERE, THERE'S SOME ILLUSTRATIONS THAT MAY CLARIFY.
WE'LL, WE'LL GET THERE IN A SECOND.
BUT I LIKE QUESTIONS WHEN THEY COME UP.
SO, SO AGAIN, ALL THE RED INK ON THIS IS WHAT WAS SUBMITTED.
THE BLUE DOT, THE BLUE LINE IS MY ADDITION FOR THIS PRESENTATION.
OH, SO THE APPLICANT WROTE THE RED LINES? YES, SIR.
THIS IS WHAT WAS SUBMITTED AS PART OF THE APPLICATION THAT WE WERE REVIEWED AND DENIED.
THIS IS THE ONLY SITE PLAN THAT WE REVIEWED.
SO THE APPLICANT PUT THIS IN WHEN HE THE COMPLAINT WAS FILED, CORRECT? SHORTLY THEREAFTER.
SO THE APPLICANT'S DISCLOSING IT'S EIGHT FEET ALL THE WAY AROUND? YES.
MR. KOVI ON THE, I FORGET WHICH DIRECTION AT THE LEFT SIDE OF THE SCHEMATIC.
THE EAST SIDE, UH, FROM THE BLUE LINE FORWARD.
HOW FAR IS THAT FENCE ACTUALLY GOING? I BELIEVE MR. VAN INDICATED, WELL, WE CAN LOOK HERE ON THE SURVEY.
LOOKS TO BE ABOUT 14 FEET, 15 FEET AND IT'S GOING FURTHER ON THE WEST SIDE.
UH, YES, I BELIEVE MR. VAN EARLIER QUOTED SOMETHING LIKE 30 OR 35 FEET.
AND, AND IN FACT, LOOKING AT THIS, WHAT WAS MARKED UP HERE IS NOT REALLY EVEN ACCURATE TO WHAT WAS BUILT.
IT, IT IS SET FURTHER BACK THAN THE FIVE FEET THAT'S INDICATED HERE.
IT JUST BECAME MORE IN COMPLIANCE WITH, THERE'S A REQUIREMENT THAT THAT FENCE BE SET BACK AT LEAST FIVE FEET FROM THE FRONT
[04:40:01]
FACADE, EXCLUDING PORCHES.THE PREVIOUS FENCE DID MEET THAT REQUIREMENT.
SEE, I'LL GO BACK JUST FOR ILLUSTRATION.
SO IF YOU CAN SEE, NOPE, CAN'T.
AND, AND, AND WHERE IS THAT THE BEGINNING OF THE PORCH OR THAT, SO THE, THE ORDINANCE, THE CORNER, THE ORDINANCE SAYS FROM THE CORNER OF THE FACADE EXCLUDING PORCHES.
SO IF YOU CAN SEE MY MOUSE? YES.
FROM THE CORNER HERE TO THIS FENCE WAS FIVE FEET, WHICH DID MEET THE ORDINANCE.
IS THAT FIVE FEET THERE? REALLY? THAT'S WHAT WAS APPROVED AND THAT'S WHAT WE ASSUME WAS FROM THE VISUAL.
DOES THAT LOOK LIKE FIVE FEET? I'M ASSUMING IT'S LOOKS CLOSE.
YOU KNOW, HAVING A FENCE DIE INTO A WINDOW IS NEVER UH OH.
AND SO WHAT I WOULD ASSUME THERE'D BE REASONABLE INTERPRETATION FLEXIBILITY FROM THE CITY.
SO WE COUNT ON OUR INSPECTORS TO GO OUT AND VERIFY THAT WHAT IS BUILT MEETS THE APPROVED CD PLANS.
YOU DIDN'T ANSWER MY QUESTION.
I'M SORRY, WHAT WAS YOUR QUESTION? BECAUSE YOU'RE RIGHT, YOU WOULDN'T WANNA PUT A FENCE INTO A WINDOW FRAME.
YOU'D HAVE TO, SO, BUT I DON'T THINK THAT'S FIVE FEET.
SO, SO WHAT WE APPROVED, THAT'S BUILT MILK.
SO WHAT WE APPROVED WAS FOR A FIVE FOOT SETBACK.
IF WHAT WAS BUILT DID NOT MATCH THE APPROVED PLANS, WE WOULD COUNT ON THE INSPECTORS IN THE FIELD TO VERIFY THAT WE DON'T HAVE YOU ALMOST SOUND LIKE A LAWYER.
THIS, THIS FENCE IS NOT HERE ANYMORE.
SO WE, WE NEED TO MOVE FORWARD.
SO, UH, IF WE NEED TO COME BACK TO THIS SITE PLAN, 'CAUSE LIKE I SAID, THIS IS THE ONLY PLACE, SO THE ONLY TWO THINGS YOU SEE ON THE SCREEN, THE PHOTO AND THE SITE PLAN, WERE THE ONLY THINGS SUBMITTED OTHER THAN THE CD WORK REVIEW APPLICATION FOR US TO REVIEW AND ULTIMATELY DENY THIS APPLICATION.
HERE'S THE ORDINANCE LANGUAGE.
I WON'T READ IT ALL, BUT MR. VAN SIDE YARD FENCES MAY NOT EXCEED SIX FEET IN HEIGHT.
THAT'S THE MOST IMPORTANT BIT THAT WE'RE GONNA FOCUS ON MOVING FORWARD.
UH, I DO WANT TO BRING THIS TO LIGHT.
UH, THE ORDINANCE ALSO SAYS THAT THE VICKERY PLACE CONSERVATION DISTRICT CONCEPTUAL PLAN IS ATTACHED TO AND MADE PART OF THIS ORDINANCE AS EXHIBIT C IN THE EVENT OF A CONFLICT BETWEEN EXHIBIT B, WHICH IS THE ORDINANCE LANGUAGE AND EXHIBIT C, THE CONCEPTUAL PLAN EXHIBIT B CONTROLS.
THAT'S ONLY IF THERE IS A CONFLICT BETWEEN THE ORDINANCE LANGUAGE AND THE CONCEPTUAL PLAN.
AND THAT'S IMPORTANT BECAUSE THIS WRITEUP AND ILLUSTRATION APPEARS IN THE CONCEPTUAL PLAN DEALING EXCLUSIVELY WITH SIDE YARD FENCES.
THE RED UNDERLINED AREA IS WHAT WE'LL FOCUS ON FENCES IN THE SIDE YARD, WHICH IS THE AREA FROM THE FRONT OF THE HOUSE TO THE BACK PLANE OF THE HOUSE, WOULD BE ALLOWED TO BE A MAXIMUM OF SIX FEET TALL.
UH, POINTING US TO EXAMPLE THREE BELOW, WHICH SHOWS CLEARLY AT THE REAR CORNER OF THAT HOUSE, THE FENCE CAN STEP UP FROM SIX FOOT TO A TALLER FENCE.
SO IN, SO YOU SAID THE ORDINANCE WAS PUT PLA IN PLACE 2006.
YOU SAID THAT THE APPLICANT'S HOUSE WAS BUILT IN 2014, FINISHED IN 2000 THE APPLICANT.
THE APPLICANT TESTIFIED THAT HOUSES IN THE NEIGHBORHOOD WERE TWO STORY HOUSES AND THAT THE ORIGINAL ORDINANCE REALLY WAS MORE GEARED TOWARDS ONE STORY.
AND NOW THE FENCE, IT LOOKS STRANGE TO HAVE A 30 FOOT HOUSE WITH A SIX FOOT FENCE, BUT I'M, I'M, WERE THERE A LOT OF TWO STORY HOUSES BACK IN 2006? I'M TRYING TO CONFIRM OR REBUT WHAT WE HEARD OR IS IT IRRELEVANT? BECAUSE THE ORDINANCE IS THE ORDINANCE.
UH, MY JOB IS TO INTERPRET THE ORDINANCE AND MAKE SURE THAT PLANS NEED IT.
AND THAT'S WHAT WE'VE DONE, UH, IN THIS PARTICULAR INSTANCE AND ALL INSTANCES.
WELL, MY QUESTION WAS CIRCULAR.
I'M JUST TRYING TO FIGURE OUT WHETHER THIS, THERE'S BEEN, THERE'S BEEN A WEAKNESS IN THE ORDINANCE OR IF THAT IF IT WAS, IT WAS IT ANTICIPATED TWO STORY HOUSES? WELL, IT ALLOWS FOR TWO STORY CRAFTSMEN AND PRAIRIE STYLE HOMES.
SO, UM, AS THERE HAVE BEEN CHANGES IN THE NEIGHBORHOOD THERE, WHEN THE DIRT IS MORE VALUABLE THAN THE HOUSEHOLD, THEN WE SEE ONE STORY HOMES BEING DEMOLISHED FOR TWO STORY.
UM, SO THAT'S THE IMPORTANT THING HERE, THE ILLUSTRATION AND THEN, UH, INDICATING WHERE FENCES CAN STEP UP.
HERE WE ARE IN, UH, APRIL 20 THOU 2022.
THIS IS GOOGLE STREET VIEW AGAIN SHOWING THAT THE FENCE WAS THE SAME AS IT WAS WHEN COMPLETED IN 2014.
UH, AGAIN, NOTING THAT TRANSITION AT THE REAR CORNER THERE.
HERE'S THE FENCE THAT WAS CONSTRUCTED WITHOUT CD APPROVAL AND THE REQUIRED FENCE PERMIT FOR A FENCE OVER SIX FEET IN HEIGHT, UH, SHOWING THAT THE FENCE WAS INDEED MOVED BACK FROM THE WINDOW, AS YOU CAN SEE EXPOSING THE GAS METER.
BUT IT WAS, UM, UH, THE HEIGHT WAS INCREASED TO EIGHT FEET ON BOTH SIDES.
YOU CAN SEE THERE ON THE OTHER SIDE.
UM, THAT FENCE WAS ALSO INCREASED IN HEIGHT.
[04:45:01]
PERMIT FOR THE FENCE.I'M GOING RIGHT TO THE FENCE 'CAUSE I'M GONNA COME BACK TO THE APPLICANT AND ASK ABOUT THAT MOMENTARILY, BUT OKAY.
YEAH, THEY WOULD NOT ISSUE A FENCE PERMIT WITHOUT A CD APPROVAL.
I WOULD AGREE, BUT I'M TRYING TO DO IT IN BUILDING BLOCKS.
UM, SO HERE WE ARE AGAIN COMPARING WHAT WAS APPROVED IN 2014 AND BUILT TO WHAT, UH, WE'VE GOT TODAY.
SO THE STANDARDS THAT WE CONSIDERED IN DENYING THIS APPLICATION, UH, WERE THE, OF COURSE, THE ORDINANCE LANGUAGE THAT SAYS THAT FENCES MAY NOT EXCEED SIX FEET IN HEIGHT IN THE SIDE YARD.
AND THEN THE CONCEPTUAL PLAN, WHICH PROVIDES THE ILLUSTRATION SHOWING WHERE THE FENCE CAN STEP UP FROM SIX FEET TO A TALLER FENCE.
UH, THE V PLACE ORDINANCE DOES OF COURSE GIVE THE BOARD OF ADJUSTMENT THE RIGHT TO HEAR AN APPEAL.
BUT SAYS THAT IN CONSIDERING THE APPEAL, THE SOLE ISSUE BEFORE THE BOARD OF ADJUSTMENT IS WHETHER THE DIRECTOR AIRED IN THE DECISION.
THE BOARD OF ADJUSTMENTS SHALL CONSIDER THE SAME STANDARDS THAT WERE REQUIRED TO BE CONSIDERED BY THE DIRECTOR.
SO IN CONSIDERING THE LANGUAGE FOR FENCES IN THE SIDE YARD, AS WELL AS THE DIRECTION, UH, PROVIDED IN THE CONCEPTUAL PLAN, THE ADMINISTRATIVE OFFICIAL DID NOT ERR IN THE DECISION TO DENY THE PROPOSED EIGHT FOOT FENCE IN THE AREA WHERE A FENCE MAY NOT EXCEED SIX FEET IN HEIGHT.
UM, WHAT LENGTH OF FENCE IS EIGHT FEET VERSUS THE SIX FEET? SO WHAT ARE WE TALKING ABOUT? CUMULATIVE? YES.
BASED ON ONLY BASED ON WHAT MR. VAN GAVE AS CALCULATIONS.
I MEAN, WE'RE TALKING ABOUT BETWEEN 45 AND 50 FEET, BUT THAT IS THAT BOTH SIDES OR ONE SIDE? CUMULATIVE.
THAT'S WHY YOU SAY CUMULATIVE.
AND I'LL GO BACK TO THE SITE PLAN.
'CAUSE I THINK THAT WOULD BE THE MOST USEFUL.
I'M TRYING TO GET TO THE RELATIVITY OF THIS IS TO, TO WHAT'S THE IMPACT OF THE, OF THAT? SO I I HEAR YOU.
WHAT QUESTIONS DO WE HAVE FOR THE CITY? YES, MR. HAITZ? UM, COULD YOUR, COULD THE DECISION ADMINISTRATIVE'S DECISION HAVE BEEN UNDER YOUR PROCESSES TO ALLOW THIS FENCE? NO, SIR.
THERE ARE NO, THERE ARE NO CIRCUMSTANCES THAT WOULD BE ALLOWABLE.
WE, WE CANNOT APPROVE ANYTHING THAT THE ORDINANCE DOES NOT ALLOW FOR.
WHICH MEANS IN ALL CIRCUMSTANCES WHERE SOMEONE FROM YOUR GROUP OR CODE COMPLIANCE SEES THIS, THEY, YOU HAVE TO ACT AND ENFORCE IN ALL CIRCUMSTANCES.
SO YOU JUST SAID, DAVE, I'LL ONLY ANSWER FOR MY GROUP SINCE I HAVE NOTHING TO DO WITH CODE COMPLIANCE.
WE RESPOND TO COMPLAINTS THAT COME IN THROUGH 3 1 1 AND GO OUT AND VERIFY IF IT IS IN FACT A, A VALID COMPLAINT, AT WHICH POINT WE WILL PURSUE CORRECTIVE ACTION.
OR IT MAY OR MAY NOT BE NECESSARY.
WE GET COMPLAINTS ALL THE TIME THAT ARE NOT NECESSARILY VERIFIED.
BUT I THINK WHAT THE CHAIRMAN IS ASKING IS YOU HAVE ABSOLUTELY NO LEEWAY OR DISCRETION WITH REGARD TO THE ENFORCEMENT OF THE CD LANGUAGE REQUIREMENTS.
SO IF A, IF A COMPLAINT IS VERIFIED AND A WHATEVER IS FOUND TO BE IN VIOLATION, WE WILL GET AN APPLICANT TO TRY AND CORRECT THE ISSUE OR SUBMIT WHATEVER THEIR PROPOSED PLAN IS, AT WHICH POINT WE REVIEW THOSE PLANS FOR COMPLIANCE WITH THE ORDINANCE DAVIS.
SO AS A FOLLOW UP TO THAT, WHEN YOU, UH, DID, DID THE APPLICANT EVER SUBMIT A REVISED PLAN? LIKE DID NO, NO, NO.
HE, HE, HE WAS INTERESTED IN PURSUING THE EIGHT FOOT FENCE QUESTIONS FOR THE ADMINISTRATIVE OFFICIAL.
UM, SO YOU REFERENCED SOMEWHERE IN HERE LANGUAGE FROM THE ORDINANCE.
CAN YOU CLICK BACK TO THAT? I WAS HOPING THAT WE'D HAVE SOME.
IS THIS IT HERE? 2 2 6 3 9 1 10 D UH, 10 D IS THE SECTION UNDER APPEALS.
AND THERE ARE OTHER LANGUAGE, BUT THIS IS THE MOST PERTINENT IN TERMS OF, UH, HOW AN APPEAL IS SUPPOSED TO BE CONSIDERED BASED ON SOLELY WHAT WE GET IN A SUBMITTAL AND WHAT THE ORDINANCE LANGUAGE SAYS.
WELL, I, I GUESS I'M CHASING IS TO A LITTLE BIT OF MR. GARRETT, MR. NE'S COMMENT ABOUT INTERPRETATION
[04:50:02]
AND IF IT'S AN ALL OR NOTHING ENFORCEMENT I THAT, AND YOU'RE SAYING IT'S, IT'S ALL OR NOTHING.IT IS OUR GOAL TO ENFORCE THE ORDINANCES AS WRITTEN.
AND THIS, THIS CD 15 DOES NOT, I'M BEING REPETITIVE.
DOES NOT GIVE A RIGHT TO A PROPERTY OWNER FOR A SPECIAL EXCEPTION ON OFFENSE.
MR. HOP IS, SO SECTION SIX OF WHAT YOU'RE SHOWING US WOULD SEEM TO PROVIDE A, A JUSTIFICATION FOR THE FENCE HEIGHT REQUIREMENT.
UM, SO THAT IS PART OF THE CONCEPTUAL PLAN, WHICH IS IN FACT PART OF THE ORDINANCE.
UH, I LEARNED RECENTLY THAT, UM, ORIGINALLY A CONCEPTUAL PLAN WAS SUBMITTED TO CITY COUNCIL FOR REVIEW AND SIGN OFF BEFORE IT ULTIMATELY WENT INTO, UM, THE MEETINGS TO CRAFT THE ORDINANCE LANGUAGE.
SO WHAT YOU SEE THERE UNDER, UH, SECTION SIX WOULD'VE BEEN WHAT THE NEIGHBORS, UM, SAID WAS A CONCERN IN THEIR, THEIR EARLY MEETINGS THAT ULTIMATELY WENT TO CITY COUNCIL BEFORE THE LANGUAGE THERE UNDER G SECTION G WAS CRAFTED.
SO, SO IF I COULD, IT'S, IT'S AS THOUGH I, I'LL, I'LL, I'LL DO THIS AS ARTFUL AS I CAN.
IT'S AS THOUGH THIS IS THE EXAMPLE THAT, THAT COMES, UH, FROM A NEIGHBORHOOD GROUP AND SAYING, THIS IS WHAT WE WANT IN OUR CONSERVATION DISTRICT OR, UM, HISTORIC DISTRICT.
AND THEN THEY PUT THIS IN SO THEY HAVE EXAMPLES AS OPPOSED TO JUST THE LAWYERS WRITING UP THE, THE LANGUAGE DEAL.
IT HELPS, IT HELPS TO CLARIFY.
IT HELPS TO CLARIFY AND PROVIDE DIRECTION, BUT IT'S, IT'S PART OF THE ORDINANCE.
SO IT'S MEANT AS A WAY FOR US TO NOW REINTERPRET, RIGHT? I MEAN, SO YOU COULD SAY, OR COULD YOU SAY, SINCE THERE IS NO NEIGHBORING HOUSE ON THE WEST SIDE THAT THE MATTER RELATING TO NOT TOUCHING THE EAVES OF THE NEIGHBOR'S HOUSE AND THOSE KIND OF THINGS ARE NOT APPLICABLE AND THAT THE ORIGINS THEREFORE WOULD NOT NECESSARILY BE APPLICABLE IN THAT INSTANCE.
ARE ARE YOU STATING, OR ARE YOU ASKING ME THAT QUESTION? OR ARE YOU ASKING HIM THAT QUESTION? I'M ASKING ANYBODY WHO WANTS TO ANSWER THE QUESTION.
SO, UM, I I, I'M GUESSING AS SOON AS I TURN TO THE RIGHT OVER, WELL, NO, I'M NOT GONNA TURN TO MY BOARD ATTORNEY YET ON THAT.
AND SO IT HAS THE SAME FORCE OF THE ORDINANCE AND THEY'RE NOT MEANT TO CONFLICT, THEY'RE MEANT TO BE ILLUSTRATIVE.
IS IT, THIS PRECEDED THE ORDINANCE.
SECTION G IS WHAT WE LOOK AT WHENEVER WE ARE REVIEWING PLANS IN THE ORDINANCE, WHICH STATES SIDE YARD FENCES MAY NOT EXCEED SIX FEET IN HEIGHT.
THE ILLUSTRATION, UH, EXAMPLE THREE JUST HELPS CLARIFY WHAT THAT MEANS IN TERMS OF WHAT IS A SIDE YARD FENCE.
I SAID ANOTHER WAY OF PUTTING THAT IS THAT PARAGRAPH C OR I'M SORRY, PARAGRAPH SIX IS CONCEPTUAL AND PARAGRAPH G IS DEFINITIVE.
'CAUSE YOU PULLED G OUT OF THE ORDINANCE.
AND C IS JUST A SECTION THAT, AGAIN, IT'S GRAPHIC ILLUSTRATIVE.
SO IT'S UNDER EXHIBIT C, WHICH IS THE ENTIRE CONCEPTUAL PLAN, WHICH CONSISTS OF LIST OF PROPERTIES, THEIR ARCHITECTURAL STYLES IN ADDITION TO DIRECTION.
SO THIS IS ACTUALLY UNDER A SECTION TITLED, UH, UH, STANDARDS, UH, ALREADY COVERED UNDER R SEVEN FIVE A.
SO WHAT THEY'RE DOING IS THEY'RE SHOWING THESE THINGS ARE ALREADY COVERED BY DEVELOPMENT CODE.
WHAT YOU GUYS ARE ALWAYS WORKING IN.
THIS IS WHAT IS GONNA BE DIFFERENT BECAUSE WE ARE TRYING TO PROTECT CERTAIN ATTRIBUTES OF OUR NEIGHBORHOOD.
AND WE FEEL LIKE HAVING FENCES THAT ARE SET BACK FIVE FEET FROM THE FRONT FACADE AND THAT ARE SHORTER UP AGAINST THE HOUSES IS IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD.
SO, UH, MR. CHAIRMAN, DID YOU HEAR THAT? IN 2006? BUT WELL, THAT IS STILL THE LAW.
IT'S NOT A, IT'S NOT A FLUID DOCUMENT, RIGHT? CORRECT.
SO YOU SHOULDN'T HAVE PUT THAT IN 2006 THAT CREATES A SLIPPERY SLOPE, BUT IT'S STILL THE LAW, IT'S THE ORDINANCE AND, AND THE COUNCIL CAN'T CHANGE THAT IF THEY DON'T FEEL IT'S APPLICABLE IN 2023 AND THEY HAVEN'T.
[04:55:01]
FOR YOU.OH, UM, YOU MAY DEFER IT TO SOMEONE ELSE.
THAT'S WHAT I WAS, DIDN'T WANT TO TURN TO MY ATTORNEY.
WHY, WHY ARE, WHY, UH, THEN IT WOULD SEEM IF THAT'S THE CASE, AND THE ONLY BASIS IS IF THE PEOPLE MAKING THIS JUDGMENT COMPLETELY MISREAD WELL, WHAT THE ORDINANCE IS.
OR IS THERE ANOTHER REASON WE'RE HEARING THIS? WELL, YOU USE THE WORD COMPLETELY
'CAUSE HE'S EVENTUALLY GONNA REREAD WHAT OUR CHARGES IN THIS CASE.
AND THAT IS OUR CHARGE IS SIMPLY TO DETERMINE, I'M NOT READING THIS SIMPLY WHETHER THE THE DIRECTOR, THE BUILDING OFFICIAL, THE ADMINISTRATIVE OFFICIAL AIRED IN JUDGMENT.
THAT'S REALLY ALL WE'RE SUPPOSED TO DO.
NOW THERE'S BROAD DISCRETION IN THAT AND WE'RE SUPPOSED TO DO IT, DO OUR JOB.
BUT THERE'S BROAD DISCRETION IN THAT.
AND THAT'S WHY WE'RE HEARING THERE'S, THAT WE'RE HEARING EVIDENCE ON BOTH SIDES.
SO COULD YOU JUST BRIEFLY DESCRIBE WHAT THE DISCRETION IS? 'CAUSE I'M NOT SEEING WHERE THERE'S ANY DISCUSSION DISCRETION.
WE CAN DECIDE ANYTHING WE WANT.
WE CAN REVERSE, WE CAN AMEND OR WE CAN AFFIRM.
UH, HE, THIS GENTLEMAN'S HERE TO SAY, WE MADE THIS DECISION AND THIS IS WHY THIS GENTLEMAN'S HERE TO SAY, UM, THESE ARE THE CIRCUMSTANCES BY WHICH I DID WHAT I DID.
AND WE'RE SUPPOSED TO DETERMINE WHETHER THOSE CIRCUMSTANCES, UM, AND THAT EXPLANATION OR THAT INTERPRETATION OF THE CODE DESERVES A REVERSAL OF DISPOSITION.
HOW'S THAT FOR MICKEY MOUSE TALK? LET ME ASK THIS ONE.
ON THE BASIS OF AN APPEAL? YES.
IS THAT THEIR ORDINANCE, THAT THAT IS DISCRETIONARY TO US? OR DOES THAT BIND US? JUST ONE SECOND.
DALLAS DEVELOPMENT CODE STATE THAT ANY AGREED PERSON MAY APPEAL A DECISION ADMINISTRATION ADMINISTRATIVE OFFICIAL WHEN THE DECISION CONCERNS THE JURISDICTIONAL BOARD OF ADJUSTMENT.
UM, I'M TRYING TO READ THE OPERATIVE.
MATT, TELL ME THE OPERATIVE, WHERE'S THE OPERATIVE? HERE IT IS THE BOARD.
WHAT, WHAT'S THE OPERATIVE? IT SAYS THE BOARD SHALL THE ALL POWERS OF, SHALL HAVE ALL THE POWERS OF THE ADMINISTRATIVE OFFICIAL ON THE ACTION APPEAL.
THE BOARD BOARD MAY IN WHOLE OR IN PART AFFIRM REVERSE OR AMEND THE DECISION.
OR AM I JUST GONNA READ THIS? MA'AM? I'M TALKING ABOUT BE VERY, MR. OVITZ IS TALKING ABOUT WHAT IS ASKING ABOUT WHAT'S THE LEVEL OF DISCRETION WE HAVE ON, ON THE MIC.
THE LEVEL OF DISCRETION IS YOU CAN AFFIRM THE DECISION OF THE ADMINISTRATIVE OFFICIAL OR REVERSE IT.
NO, NO, THAT'S NOT WHAT I'M TRYING TO GET TO.
IT SAYS I'M READING OUT LOUD FOR MYSELF NOT TO REPEAT THE SOLE ISSUE BEFORE THE BOARD OF ADJUSTMENTS, WHETHER THE DIRECTOR AIRED IN THE, IN THE DECISION, THE DIRECTOR CONSERVATION DISTRICT THROUGH MR. BROWN SAID THAT, UM, THE, UH, THE FENCE, THE APPLICATION TO, TO CONSTRUCT AN EIGHT FOOT FENCE HEIGHT HAS BEEN DENIED.
THE QUESTION FOR US IS DID THE, DID MR. BROWN IN THE CONSERVATION DISTRICT AS AN ADMINISTRATIVE OFFICIAL AIR IN THAT DECISION? NOW THAT'S ALL SUBJECT TO EVERY BIT OF INTERPRETATION.
SO, SO YOU NEED TO, I'M GONNA GO TO MS. DAVIS AND WE NEED TO PONDER, AND THEN WE'RE GONNA GO BACK TO THE APPLICANT.
SO THIS, THIS PROBABLY IS A LEGAL QUESTION.
SO IT, IT'S, IT, THE BLACK AND WHITE DEFINITION SEEMS TO BE THAT WE ARE SUPPOSED TO CONSIDER WHETHER OR NOT MR. BROWN, UM, MADE THE DECISION IF HE AIRED IN THAT DECISION.
HOWEVER, WHEN, IF HYPOTHETICALLY WHEN, IF, UH, I'M NOT COMMITTING TO ANYTHING, BUT LET'S SAY A BOARD MEMBER DISAGREES WITH THAT DECISION, BUT WE STILL THINK HE MADE THE PROPER DECISION GIVEN, GIVEN HIS GUIDELINES.
DOES, DOES THAT MAKE SENSE? SO LET, YEAH, THAT'S KIND OF A TRICKY QUESTION WHAT YOU'RE ASKING KIND OF LIKE, UM, I THINK ABOUT THIS IN TERMS OF WHAT I THINK AND WHAT I FEEL.
SO I, I HAVE TO GO WITH A BLACK AND WHITE THINK NOT, I MEAN, IT'S IN YOUR DISCRETION, BUT IT, IT'S DIFFICULT TO, UM, SUBSTANTIATE WOULD BE MY, WOULD BE MY POINT.
[05:00:01]
ITS OWN.BUT REMEMBER COMMENTS THAT SEVERAL BOARD MEMBERS MADE EARLIER TODAY, THE EVIDENCE, THE FACTS, THE PROVE UP, AND I THINK THAT APPLIES HERE.
WHAT EVIDENCE HAS BEEN PRESENTED ON ONE SIDE AND THE OTHER SIDE? HOW DOES THAT LEAD YOU TO A, A ABILITY TO CONFIRM A FIRM OR SAY, WOW, THAT MAYBE IS A LITTLE TOO HEAVY HANDED OF A DECISION, BUT WHAT'S THE EVIDENCE? THAT'S, THAT'S KIND OF WHAT I THINK IS HERE.
ANY FOR RIGHT NOW? ANY OTHER QUESTIONS OF THE, THE ADMINISTRATIVE OFFICIAL? WE'RE NOT PERSONALIZING THIS.
THIS IS NOT YOU, THIS ADMINISTRATIVE OFFICIAL.
YOU COME BACK UP TO THE MICROPHONE A SECOND, SIR.
UM, OUR RULES OR PROCEDURE SAY THAT YOU HAVE THREE MINUTES, THREE MINUTES OF REBUTTAL.
SO I'LL GIVE YOU THREE PLUS OR MINUS, YOU KNOW, WHATEVER, YOU KNOW, WE WON'T JUST SUB SUBTRACT, UH, ANY QUESTIONS HERE SO YOU HAVE A CHANCE TO REBUT BASED ON WHAT YOU'VE HEARD.
UM, AND I THINK, UH, MR. HOP AND YOUR QUESTIONS ARE DIRECTED TO THE CHAIRMAN.
UM, MR. CHAIRMAN, SO WHEN MR. HAITZ ASKS THE QUESTION ON THE, THE ACTUAL VERBIAGE THAT'S IN THERE, DO WE HAVE ANOTHER HOUSE NEXT TO US? NO.
UM, IT DOESN'T IMPEDE LIGHT, IT DOESN'T IMPEDE THE ESSENCE OF THE ORDINANCE WAS TO, TO PREVENT THAT.
WE, THAT DOESN'T APPLY TO OUR SPECIFIC PROPERTY.
AND, AND IT IS A LITTLE BIT OF A SPECIAL SCENARIO.
AND WHEN YOU LOOK, YOU, YOU CAN ASK ANYONE THAT WE'VE TALKED WITH THE SAME FOLKS ON THE CITY SIDE.
EVERYONE SCRATCHES THEIR HEAD WHEN THEY LOOK AT A PLAT AND THEY'RE LIKE, IT DOESN'T MAKE ANY SENSE.
LOOK AT A PLAT AND THEN LOOK AT AN AERIAL MAP.
EVERYONE ELSE JUST TOOK THAT LAND FROM THE CITY, TOOK IT OVER.
WE, WE TRIED TO DO THE RIGHT THING.
WE'RE STILL TRYING TO DO THE RIGHT THING IN THIS ASPECT THAT THAT ORDINANCE DOESN'T APPLY.
IF, IF THE RULING IS THAT IT'S BETWEEN THE TWO HOUSES, EVEN THOUGH THE HOUSE NEXT TO US IS, IS A TWO STORY HOME AND WE'RE ASKED TO PULL THAT FENCE DOWN, THEN SO BE IT.
WE'RE GONNA ABIDE BY WHAT WE HAVE TO DO.
WE HAD ALREADY TALKED TO THE FENCE, UH, BUILDER TO FIND OUT CAN THIS BE DONE? IF, IF WE'RE TOLD THAT WE HAVE TO DO THAT, WE TOOK THE AVENUE THAT WE DID TO BE HERE TONIGHT BECAUSE WE'RE NOT THE EXCEPTION IN OUR NEIGHBORHOOD.
AND KNOW EVERY HOUSE IN OUR NEIGHBORHOOD DOES NOT HAVE AN EIGHT FOOT FENCE THAT RUNS FORWARD.
BUT YOU CAN READ IN THE LETTER OF SUPPORT THAT WE HAVE, WE HAVE A NEIGHBOR WHO ACROSS THE STREET WHO DOES, EXPLAINS WHY AND EXPLAINS THAT THEY'RE NOT THE EXCEPTION.
THAT THIS IS WHAT HAPPENS IN OUR NEIGHBORHOOD.
THIS IS, THIS IS THE COMMONALITY.
HAD I NEVER HAD THIS SITUATION WITH THE PERSON WHO REPORTED US THE ENFORCEABILITY OF THAT IS IN QUESTION THERE.
THERE'S, IF, IF CODE COMPLIANCE WERE TO DRIVE THROUGH TRYING TO IDENTIFY A HOUSE, THEY'RE NOT GONNA DO IT.
IT WOULD HAVE TO BE ON SOMEONE TO GO AND FILE A COMPLAINT TO SAY THAT FENCE IS NOT IN ADHERENCE WITH THE ORDINANCE.
UM, IN OUR DISCUSSION BEFORE WE HAD THE, UH, WE, THE ISSUE OF PERMITTING CAME UP AND SO YOU CONTRACTED WITH A FENCE BUILDER AND HE BUILT A FENCE WITHOUT A PERMIT.
AND HE DID TELL US AGAIN, WE WERE IN COLORADO ON TOP OF A MOUNT WHEN I, I KNOW O SO HE, I KNOW AND HE TOLD US, WE'RE PROBABLY GONNA GET FINED, BUT WE'RE NOT PUTTING UP A NEW FENCE THAT DIDN'T PREVIOUSLY EXISTED.
HE SAID, SO WE'LL APPLY FOR THE PERMITTING.
YOU'RE, YOU'RE GONNA HAVE TO PAY A FINE.
WE UNDERSTOOD THAT AND WE WERE FINE WITH THAT.
THIS HAPPENED SO QUICKLY AND LED UP TO IT THAT WE WERE GONNA TAKE THAT RISK.
WE WENT, WE ABSOLUTELY TOOK THE RISK THAT PUT THE FENCE UP BECAUSE THE ALTERNATIVE IS IF MY FENCE WENT DOWN AND YOU AND I SHARED THAT FENCE AND WE WERE NEIGHBORS WITH, THEN ALL I HAVE TO WORRY IS THAT THE CHAIRMAN DOESN'T JUMP IN MY POOL AND DROWN.
I, I UNDERSTAND MY FENCE IS OPEN TO, THERE'S OTHER WAYS EVERYONE, RESPECTFULLY, THERE'S OTHER WAYS TO SECURE YOUR PROPERTY.
THERE'S OTHER WAYS THAN HAVING TO PUT UP A FENCE IMMEDIATELY.
I, YOU KNOW, PE PEOPLE PUT, INSTALL THINGS IN THEIR BACKYARD AND THEIR FENCE IS TAKEN DOWN AND THERE'S OTHER WAYS OF SECURING THAT, BUT I DON'T WANT TO GET EXTRANEOUS.
UM, THE APPLICANT, MR. BROWN JUST MENTIONED SOMETHING ABOUT THE ESSENCE OF THE ORDINANCE DOESN'T APPLY TO HIS PROPERTY.
THE ORDINANCE LANGUAGE IS CLEAR THAT SAYS SIDE YARD FENCES MAY NOT EXCEED SIX FEET IN HEIGHT AND INDICATES THAT THAT IS FROM THE FRONT FACADE TO THE REAR FACADE.
SO IN THAT AREA, A FENCE MUST NOT EXCEED SIX FEET IN HEIGHT.
WHAT ABOUT THIS, THE COMMENT OF THE ESSENCE OF THE ORDINANCE? SO THAT'S, UH, AN AREA THAT I DON'T GET TO PLAY AROUND IN VERY OFTEN.
UM, ESPECIALLY WHEN THE ORDINANCE DOES SAY RIGHT THERE THAT IT'S SIX FEET IN HEIGHT IN A SIDE YARD.
[05:05:03]
OTHER QUESTIONS FOR, I'M TRYING TO FOLLOW MY CHECKLIST HERE.OTHER QUESTIONS FOR THE APPLICANT? 'CAUSE THEN WE'RE GONNA GO TO CLOSING STATEMENTS AND I REALLY DON'T WANNA DO Q AND A AFTER CLOSING STATEMENTS.
I DON'T THINK THAT'S APPROPRIATE.
WE'LL DO, UH, CLOSING STATEMENT BY THE APPELLATE AND THREE MINUTE CLOSING STATEMENT BY THE ADMINISTRATIVE OFFICIAL.
UM, I DID WANT TO CLARIFY ONE THING.
YOU ASKED, UM, WHICH QUESTION YOU ASKED DID WE HAVE, UM, BECAUSE IT WASN'T THAT WE WERE TRYING TO BE SLY AND NOT IDENTIFYING THE EAST SIDE OF THE PROPERTY.
WHAT WAS REPORTED? ARE YOU TALKING ABOUT IN THE APPLICATION? CORRECT.
SO WHEN MYSELF AND MS. COMB REDID THAT APPLICATION, THERE'S ONE THAT WAS SUBMITTED IN MAY.
THEN WE HAD TO DO A NEW APPLICATION IN OCTOBER.
I I IT DOES HAVE THE WORD EAST IN THERE.
I JUST DIDN'T WANT THE MISINTERPRETATION THAT WE WERE TRYING TO BE.
NOPE, YOU'RE YOU'RE DULY NOTED.
THANK YOU VERY MUCH FOR POINTING THAT OUT.
UH, IT'S WRITTEN RIGHT UNDER THE WORD WEST.
WE HAD ALREADY PRINTED AND SIGNED AND DONE EVERYTHING.
GOT, UM, YEAH, THIS ONE'S THE OCTOBER.
I DIDN'T WANT IT TO LOOK LIKE WE'RE TRYING TO, YOU DIDN'T, YOU'RE CLEAR.
AND IF WE HAVE TO CUT ONE, WE'LL CLEAR.
YOU NOW HAVE THREE MINUTES PLEASE.
THERE'S A REASON THAT WE LIVE THERE.
THERE'S A REASON I'M ON THE BOARD.
I UNDERSTAND THE ORDINANCES AND NO, I DON'T WANT SOMEONE GOING IN AND BUILDING, UM, SOMETHING THAT DOESN'T FIT THE, THE TONE AND THE TEXTURE OF OUR NEIGHBORHOOD AND WHAT MAKES US WHO WE ARE AS VICTORY PLACE.
YOU CAN CROSS OVER A COUPLE OF STREETS AND HIT SOME OF THE OTHER NEIGHBORHOODS AND THEY DON'T HAVE THE SAME ORDINANCES.
AND YOU GET A DIFFERENT STYLE OF HOME.
YOU, YOU GET THE TUTORS, YOU GET THE VERY SUPER MODERN, YOU GET THE DUPLEXES.
AND THE WAY THAT WE'VE ESTABLISHED THAT FENCE DOES NOT CHANGE.
WHAT MAKES VICTORY PLACE? VICTORY PLACE? BECAUSE I'M NOT THE EXCEPTION.
IF I HAD BUILT SOMETHING THAT WAS JUST EGREGIOUS AND YOU KNOW, I HAD A 20 FOOT JURASSIC PARK WALL AROUND MY PROPERTY, I COULD UNDERSTAND WHERE I WOULD STAND OUT.
AND THE ENFORCEABILITY ON HOW YOU KEEP RESIDENTS FROM DOING THAT.
UM, THE CHAIRMAN ASKED ME A QUESTION.
HE SAID, DID YOU COME BACK TO YOUR FENCE BUILDER WHEN YOU REALIZED THAT IT WAS DONE WRONG? I ABSOLUTELY DID.
AND, AND THE QUESTION WAS, ARE WE ABLE TO CUT THIS AND MAKE IT LOOK RIGHT? IF THE CITY SAYS, I HAVE TO DO IT, I HAVE TO DO IT, I, I WANNA KNOW, DO WE HAVE THE ACTUAL ABILITY TO DO THAT? HE HIMSELF HAD BUILT THE 10 FOOT FENCE I TALKED ABOUT, AND SO HE SAID, IT'S NOT GONNA BE A PROBLEM.
LOOK ACROSS THE STREET, LOOK AROUND YOUR NEIGHBORHOOD.
WHY ARE YOU AFRAID OF THAT? I SAID, BECAUSE I ALREADY GOT NOTIFIED THAT A FRIEND IN THE NEIGHBORHOOD SAID, YOU'RE GONNA HAVE A PROBLEM BECAUSE THIS PERSON IS GOING TO FILE A COMPLAINT BECAUSE OF, OF SOMETHING ELSE.
I TOOK THAT PERSON'S BOARD SEAT ON OUR, UH, NEIGHBORHOOD ASSOCIATION, AND, AND BECAUSE OF THAT, WE GOT NOTICE FOR TRIMMING OUR TREES.
WE GOT TOLD THAT OUR, UH, OUR, THE ALLEYWAY WASN'T UPKEPT.
I PAID TO PUT SOD INTO THAT SO THAT WE WOULDN'T HAVE THE WASH OUT.
UM, EVERY WEEK OUR MAINTENANCE GUY GOES IN AND CLEANS THAT ALLEY.
THE BOARD WE'RE ACTUALLY TRYING TO TURN THAT INTO EITHER A, A PARK WHERE WE COULD HAVE SOME BENCHES AND SOME TREES OR WHERE WE COULD DO LIKE A, A GARDEN FOR THE NEIGHBORHOOD.
I AM ABOUT INVESTING IN OUR NEIGHBORHOOD.
I'M NOT TRYING TO ASK FOR SOMETHING THAT REDACTS FROM WHERE I LIVE.
I TAKE GREAT PRIDE IN WHERE I LIVE.
I, I JUST DON'T SEE THE ENFORCEABILITY ON HOW I GET DINGED BECAUSE SOMEONE WANTED TO DING ME AND THEN I'M GONNA HAVE TO WALK MY DOG THROUGH THE NEIGHBORHOOD KNOWING NOW IT'S NOT A $40,000 INVESTMENT.
I'M AT WHATEVER THAT COST IS GONNA BE TO BRING THAT FENCE INTO, UM, WHAT THIS ORDINANCE STATES KNOWING THAT THE SUPPORTIVE VERBIAGE THERE DOESN'T SUPPORT MY HOME.
THANK YOU FOR YOUR COMMENTS AND YOUR PASSION FOR YOUR HOME AND YOUR NEIGHBORHOOD.
YOU HAVE THREE MINUTES CLOSING STATEMENTS AND I'LL BE BRIEF SINCE I, I HOPE THAT THE LANGUAGE ON THE SCREEN IS WHAT'S BEING CONSIDERED IN THIS, UH, PARTICULAR INSTANCE.
EVEN THOUGH I'M VERY SYMPATHETIC, UH, TO MR. VAN IN HIS SITUATION, UH, CONSERVATION DISTRICTS ARE FORMED BY THE PEOPLE IN THE NEIGHBORHOOD.
THE CITY ONLY FACILITATES THE PROCESS AND PUTS INTO LAW WHAT THE NEIGHBORS IN THE AREA WANTED.
SO THE FACT THAT THEY PUT IN THIS ORDINANCE THAT FENCES INSIDE YARDS WERE TO BE SIX FEET TALL AND THEY WERE TO GO FROM THE FRONT FACADE TO THE REAR FACADE.
AND THAT'S WHAT WE REVIEWED AND DENIED IN THIS PARTICULAR INSTANCE, UM, IS REALLY THE, THE FACT OF THE MATTER IN THIS CASE.
[05:10:01]
WHEN, WHEN WE'RE SAYING SOMEONE WHO BUILT A FENCE THAT WAS NOT APPROVED, AND I'M SPEAKING OF THE, THE PERSON THAT, UH, TOLD MR. VAN TO PROCEED WITH GOING AHEAD AND JUST BUILDING A FENCE.I BUILT A 10 FOOT FENCE, WHICH OH, BY THE WAY, WAS NOT APPROVED, GUARANTEED BECAUSE IN THE CITY OF DALLAS, YOU CAN'T BUILD A FENCE OVER NINE FEET WITHOUT HAVING ENGINEERED DRAWINGS THAT GO ALONG WITH THAT.
SO, YOU KNOW, WHAT PRECEDENT DOES IT SET? EVEN THOUGH WE DON'T SET PRECEDENT FOR THAT MENTALITY TO SORT OF, UH, PERMEATE AN AREA WHERE THE NEIGHBORS THEMSELVES PUT THESE RULES ON THEMSELVES, THEY ELECTED TO DO THIS IN ORDER TO PROTECT THE CHARACTER OF THEIR NEIGHBORHOOD.
SO THAT'S ALL I'LL SAY IN, IN REBUTTAL.
YOU KNOW, WE'VE HAD A GREAT, UH, WORKING RELATIONSHIP THROUGH ALL THIS.
SO IT'S NOT PERSONAL, BUT IN, IN THIS INSTANCE, WE ARE HERE TO REVIEW WHETHER OR NOT THERE WAS AN ERROR IN OUR DECISION TO DENY THIS APPLICATION.
ANY OTHER QUESTIONS AT THIS STAGE OF THE GAME? ALRIGHT.
UH, THE CHAIR WOULD ENTERTAIN A MOTION.
SO, UM, THE BOARD ATTORNEY JUST ADVISED ME THAT AS PART OF YOUR REQUEST, YOU HAD REQUEST A FEE WAIVER.
WAS THAT IN YOUR, DID YOU MAKE A SEPARATE APPLICATION FOR THAT? I WAS ADVISED TO SEND AN EMAIL DIRECTLY AND SO I DID IT AS SOON AS WE FILLED OUT THE APPLICATION, SEND AN EMAIL REQUESTING IT.
AND THEN TO WRITE IT IN MY STATEMENT AS WELL.
MY UNDERSTANDING IS, UH, THE BOARD CANNOT HEAR A REQUEST FOR A FEVER FEE WAIVER UNLESS IT'S ON THE AGENDA.
IT ACTUALLY HAS TO BE ON THE AGENDA FOR US.
UM, 'CAUSE IT HAS TO BE NOTICED IN THE WHOLE DEAL.
UM, SO, AND I'M, I'M PRETTY SURE OF THAT AND I THINK YOU CAN LOOK IN OUR RULES OF PROCEDURE AND IT'LL TALK ABOUT FEE WAIVER.
WE WANT CLARITY OF THAT BEFORE WE GO TO THIS OTHER ISSUE.
SO DO YOU FIND IT IN YEAH, BUT IT SAYS THAT, I'M PRETTY SURE YOU HAVE TO PUT IT ON THE AGENDA.
UH, ARE YOU SAYING THAT FOR THE RECORD OR BETWEEN YOU AND I? OKAY.
IT'S A SEPARATE ITEM ON THE AGENDA.
PICK, UM, UM, UH, CASE, UH, DID YOU READ THAT FROM OUR RULES OR FROM YONDER? OKAY.
WE'RE TRYING TO MAKE SURE WE DO THIS CORRECTLY.
THE BOARD OR PANEL OF THE BOARD OR PANEL OF THE BOARD MAY WAIVE THE FILING FEE.
IF THE BOARD PANEL, THE BOARD FINDS THE PAYMENT, THE FEE WOULD RESULT IN SUBSTANTIAL FINANCIAL HEARTS OF THE APPLICANT.
THE APPLICANT MAY EITHER PAY THE FEE AND REQUEST REIMBURSEMENT AT THE HEARING ON THE MATTER, UM, OR REQUEST THAT THE ISSUE OF FINANCIAL BE PLACED ON THE BOARD OR PANEL'S MISCELLANEOUS DOCKET FOR PREDETERMINATION, IT HAS TO BE PLACED ON THE DOCKET.
IF THE ISSUES PLACED ON THE MISCELLANEOUS DOCKET FOR PREDETERMINATION, THE APPLICANT MAY NOT, MAY NOT FILE THE APPLICATION TO THE MERITS OF THE REQUEST FOR FOOD WAIVER HAS BEEN DETERMINED.
THE BORDER PANEL HAS TO BE ON THE DOCKETS.
DID YOU HEAR THAT MATT? YOU WENT OUT OF THE ROOM? I WASN'T TALKING ABOUT THAT.
YEAH, I'M READING, I'M READING FROM SECTION 10.
IT SAYS IT HAS TO BE ON THE DOCKETS.
SO CONSISTENT WITH OUR RULES OF PROCEDURE SECTION 10, REQUEST FOR BOARD ACTION SUBSECTION C, IT STATES THAT A REQUEST CAN BE RECEIVED, BUT IT NEEDS TO BE ON THE DOCKET.
SO IT HAS TO BE ON THE AGENDA.
AND IT'S NOT ON THE AGENDA TODAY, BUT WE CAN EASILY PUT IT ON THE NEXT AGENDA FOR THAT TO BE HEARD.
UM, I ASSUME YOU'VE ALREADY PAID IT.
AND IT SAYS ON HERE, UM, UH, THE APPLICANT MAY EITHER PAY THE FEE AND REQUEST REIMBURSEMENT AT THE HEARING ON THE MATTER OF THE, OF FINANCIAL HEART.
SO, UH, ON THE PANEL, MISCELLANEOUS ON THE PANEL'S MISCELLANEOUS DOCKET FOR PREDETERMINATION.
SO IT'S MY INTERPRETATION THAT, UH, IT SHOULD BE ON OUR NEXT AGENDA AS AN AGENDA ITEM FOR A
[05:15:01]
FEE WAIVER FROM THIS APPLICANT.I DON'T KNOW WHAT THE FORM FILLS OUT, BUT IT NEEDS TO GO THROUGH THE STAFF AND IT'LL BE ON OUR PANEL A AGENDA REGARDLESS OF HOW WE DETERMINE TODAY.
BUT IT HAS TO BE ON THE DOCKET AS A, AS AN AGENDA ITEM AND, YEAH.
SUBSECTION C IS WHAT DETERMINES THAT SECTION 10 C.
WHAT IS THE CRITERIA FOR US APPROVING OR DENYING A FEE WAIVER? UH, IS IT, UH, IT SAYS THE APPLICANT MAY EITHER REQUEST, UH, ON A MATTER REQUEST THAT THE ISSUE OF FINANCIAL HARDSHIP BE REPLACED.
UH, IT'S A FUNCTION OF FINANCIAL HARDSHIP.
THE APPLICANT, IT SAYS IF THE BOARD OR THE PANEL FINDS THAT PAYMENT OF THE FEE WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP.
SO IT'S OUR JUDGMENT, WHETHER IT'S FINANCIAL HARDSHIP, I'VE BEEN, WE HAVE, UH, DONE A FEE WAIVER.
'CAUSE WE HAD A CASE WHERE THEY SHOULDN'T HAVE HAD TO FILE AND WE WENT THROUGH THAT WHOLE THING.
AND SO WE RE WE REIMBURSED, WE ENCOURAGED THEM TO APPLY.
WE APPROVED THE FEE WAIVER BECAUSE WE DETERMINED IT WAS FINANCIAL HARDSHIP AND PRESUMABLY, AND IT HAD TO GO TO THE NEXT MEETING.
'CAUSE THEY HAD TO MAKE IT ON THE AGENDA AND WE APPROVED IT.
SO I WOULD ENCOURAGE YOU TO COMMUNICATE TO STAFF AND MAKE SURE WHATEVER THE PROPER FORM IS FOR THAT.
DID YOU HAVE A QUESTION? I DID.
SO WHEN WE FIRST FILED, WE WERE FILING FOR, AND FORGIVE MY IGNORANT IGNORANCE, BUT IT WAS A, UH, EXCEPTION I THINK.
AND SO IT WAS LIKE 600 AND SOMETHING DOLLARS.
AND THEN THEY, BECAUSE OUR, UH, ORDINANCE DIDN'T ALLOW FOR AN EXCEPTION.
HEARD THAT HIGH, SAID WE HAVE TO, WE ACTUALLY HAVE TO DENY IT.
SO FOR US TO BE ABLE TO DENY IT, YOU WOULD THEN HAVE TO PAY THE $900 TO GO THROUGH THE PROCESS TODAY.
BUT THAT IF WE SENT, SENT AN EMAIL ON THE DAY.
WE SENT AN EMAIL TO, TO OLD YOUR HOOSIERS.
SO DID THE STAFF RECEIVE A SPECIAL EXCEPTION REQUEST AND PAY? DID HE PAY A FEE? HE PAID AND HE GOT REFUNDED FOR THE SIX OH OH OH.
SHE JUST SAID YOU GOT REFUNDED.
BUT, BUT THIS IS A $900 CHARGE FOR THE AO APPEAL.
IT'S OH, THAT, SO THAT'S, YEAH, YEAH.
SO THE SPECIAL EXCEPTION IS IRRELEVANT TO THIS DISCUSSION.
'CAUSE YOU GOT REFUNDED ACCORDING TO MR. PARKER.
SO THE FEE THAT YOU PAID FOR THIS A-O-P-A-O APPEAL, YOU MAY REQUEST REIMBURSEMENT IF YOU FILL OUT THE APPROPRIATE FORM AND THESE, THESE ARE THE FOLKS THAT YOU DO IT THROUGH OR CALL THEM TOMORROW AND IT'LL BE ON OUR NEXT PANEL AGENDA, WHICH IS JANUARY 16TH.
AND WE'LL GO THROUGH THE DISCUSSION OF WHETHER YOU MEET THE BOARD STANDARD FOR SUBSTANTIAL FINANCIAL HARDSHIP.
DOES THAT, AND THEN WE'LL DETERMINE THAT.
DOES THAT MEAN COMING BACK TO THIS? YES, YOU'LL HAVE TO, WELL, YOU DON'T HAVE TO SHOW UP, BUT OUR DOCS ARE GONNA GET IT IF YOU DON'T SHOW UP.
YEAH, I MEAN IT WOULD, I WOULD ADVISE YOU, I'LL WITH YOU ANOTHER DAY THAT IT WOULD BE BEST TO SHOW UP FOR THAT.
BUT CASES AREN'T APPROVED WHEN PEOPLE DON'T SHOW UP.
WE, I DIDN'T KNOW ABOUT THE DOCKET OR ANYTHING THAT'S, I WAS JUST FOLLOWING GUIDANCE.
AND AGAIN, I'M READING FROM OUR RULES OF PROCEDURE THAT ARE ON OUR WEBSITE.
SECTION 10, REQUEST FOR BOARD ACTION SUBSECTION C.
SO ARE WE CLEAR ON THIS ONE? SO YOU UNDERSTAND THE PROCESS? MM-HMM,
SO FOLLOW UP TO MAKE SURE WHATEVER THE, YOU'VE MADE THAT REQUEST.
'CAUSE I DON'T KNOW IF THERE'S A SPECIAL, IS THERE A FORM DIANA FOR THAT? OR WE, YOU'LL, YOU'LL FIND OUT LATER, BUT YOU'LL, DIANA BARUM YOU'LL, AND THAT'S HER.
AND THEN IT'LL BE ON OUR APRIL, UH, JANUARY AGENDA.
DID THAT CLEAR THAT ONE ON? OKAY, GOOD.
SO WHAT IS BEFORE THE BOARD? WHAT IS BEFORE THE BOARD IS BDA 2 2 3 DASH 1 0 7, WHICH IS THE ISSUE OF, UH, AFFIRMING OR REVERSING THE DECISION OF AN ADMINISTRATIVE OFFICIAL, THE CHAIR WOULD ENTERTAIN A MOTION.
WAS THAT YOU MS. HAYDEN? I I DID KNOW THAT.
UM, SO THE PROTOCOL IS WE REALLY SHOULDN'T HAVE A DISCUSSION ON THE MERITS UNTIL THERE'S A MOTION ON THE FLOOR.
OKAY? IF A MOTION IS MADE AND THE DISCUSSION CHANGES THE OPINION OF THE PEOPLE, THEN YOU JUST VOTED DOWN OR WITHDRAW IT AND YOU GO TO THE NEXT MOTION.
BUT ROBERT'S RULES OF ORDER SAY WE ARE NOT SUPPOSED TO HAVE A DISCUSSION AFTER THE, WELL THE HEARING IS CLOSED 'CAUSE THE HEARING IS CLOSED NOW UNTIL WE HAVE A MOTION ON THE FLOOR.
THAT'S WHY I ALWAYS SAY I'LL TAKE A MOTION.
HAVING FULLY REVIEWED THE DECISION OF THE ADMINISTRATIVE OFFICIAL OF THE CITY OF DALLAS IN APPEAL NUMBER BDA 2 2 3 DASH ZERO SEVEN ON APPLICATION OF MICHAEL VAN, AND HAVING EVALUATED THE EVIDENCE PERTAINING TO THE PROPERTY AND HEARD ALL TESTIMONY AND FACT SUPPORTING THE APPLICATION, I MOVE THAT THE BOARD OF ADJUSTMENT AFFIRM THE DECISION OF THE ADMINISTRATIVE OFFICIAL AND DENIED THE RELIEF REQUESTED BY THE APPLICANT IN THE MATTER OF BDA 2 2 3 DASH ZERO SEVEN.
MS. HAYDEN HAS MOVED TO AFFIRM THE DECISION AND DENIED THE RELIEF REQUESTED BY THE APPLICANT.
[05:20:01]
AND SECONDED.THIS WAS VER REALLY DIFFICULT.
I MEAN, I, I I UNDERSTAND THE POSITION THAT YOU'RE IN AND I UNDERSTAND, UM, YOU KNOW, WHAT'S GOING ON IN YOUR NEIGHBORHOOD.
UM, BUT THE, THE CRITERIA SAYS THAT, UM, WE NEED TO DETERMINE WHETHER THE DIRECTOR AIRED IN HIS DECISION.
UM, SO, AND, AND I DON'T FEEL LIKE HE AIRED IN HIS DECISION IN THIS CASE.
MR. NER, I AGREE WITH MS. HAYDEN.
UM, I'M EXTREMELY EMPATHETIC TO YOUR, YOUR SITUATION, UH, WITH REGARDS TO THESE, THE FENCES, FENCE, HEIGHT.
HOWEVER, UM, WE, I I THINK WE ARE HELD TO A FAIRLY STRICT STANDARD HERE.
AND, UH, I AGREE WITH MS. HAYDEN THAT I, I JUST DON'T FEEL THE ADMINISTRATIVE OFFICIAL MADE AN ERROR IN, IN JUDGMENT IN MAKING THIS DECISION.
THANK YOU MR. NERI DISCUSSION ON THE MOTION.
MS. DAVIS? I'M REALLY TORN WITH THIS ONE.
I, I, UM, I'M, I'M JUST REALLY TORN.
AND I, I UNDERSTAND THAT THE OFFICIAL, YOU KNOW, OR IS BOUND BY REALLY BLACK AND WHITE.
AND TO ME, NOT EVERYTHING IS BLACK AND WHITE.
SO I GET YOU MADE YOUR DECISION BASED ON THE, YOU KNOW, BASED ON THE STANDARD OR BASED ON, UM, YOU KNOW, ALL OF THE, THE PARAMETERS.
BUT I'M, I'M JUST REALLY STRUGGLING WITH IT BECAUSE I ALSO CAN SEE THE ARGUMENT AGAINST THE ESSENCE OF THE DECISION BECAUSE I THINK THE NEW FENCE LOOKS BETTER THAN THE OLD FENCE.
UM, I IT'S PROBABLY CONSISTENT IN THE NEIGHBORHOOD.
IT'S NOT HURTING ANYTHING IN THE NEIGHBORHOOD.
SO THAT'S WHERE I'M REALLY STRUGGLING.
IT'S NOT CHANGING THE CHARACTERISTICS OF THE NEIGHBORHOOD.
BUT IN MY MIND, I, I DO THINK, UH, YEAH, I DON'T THINK I CONTRIBUTED ANYTHING TO THIS DISCUSSION.
I'M REALLY MY, I'M GONNA SUPPORT THE MOTION.
I FEEL THAT UNFORTUNATELY, SIR, YOU DID NOT PROVIDE THE BOARD WITH EVIDENCE TO SHOW THAT THERE WAS A LACK OF JUDGMENT ON THE CITY'S PART.
AND THAT CRITERIA OF LACK OF JUDGMENT WOULD BE INCONSISTENT ENFORCEMENT.
WE'VE HAD MANY BO APPEALS THAT WE'VE HEARD, AND EVERY CASE STANDS ON THEIR OWN.
BUT WE'VE HAD MANY BUILDING OFFICIAL APPEALS, AND WHEN WE SEE THAT THERE'S INCONSISTENT ENFORCEMENT, THAT'S, THAT RINGS A BELL BECAUSE WE CAN'T EXPECT MS. WILLIAMS TO DEAL WITH THE ISSUE IF IT'S BEING HANDLED DIFFERENT FROM MS. BARKUM, FROM MS. DIFFERENT MR. POOL.
AND YOU WERE PRESSED EARLY ON
WHAT'S THE EVIDENCE? IN FACT, IT WAS MS. HAYDEN.
HE SAID, SHOW US THE EVIDENCE.
AND I THOUGHT, OH, CERTAINLY WE'VE GOT EVIDENCE.
WE DIDN'T GET ANYTHING AND NO THE, THE PUBLIC HEARINGS CLOSED.
AND, AND SO I, I KEPT LOOKING FOR EVIDENCE.
I KEPT THINKING, UH, WAS THERE AN INCONSISTENCY OF ENFORCEMENTS? 'CAUSE IF THERE WAS ANY SMELL OF INCONSISTENCY OF ENFORCEMENT, THERE'S NO WAY I WOULD, I I WOULD REVERSE.
AND I THINK MR. BROWN WOULD, KNOWS THIS BY NOW.
AND I JUST, AND I KEPT PRESSING HIM TO SEE IF THERE'S ANY INCONSISTENCY OF ENFORCEMENT.
AND THERE JUST IS NOT EVIDENCE THAT WAS PRESENTED TODAY THAT WOULD TELL US THAT THE DIRECTOR AIRED.
AND WHEN YOU WERE ASKED BY THE BOARD WHETHER IT WAS PERMANENT ORIGINALLY, WHETHER THE CONTRACTOR THAT YOU HIRED KNEW THAT THEY WERE DOING SOMETHING WRONG, AND ALL THESE THINGS WERE JUST THAT, ALMOST FLIPPANT TO THE STANDARDS OF THE NEIGHBORHOOD YOU CHOSE TO LIVE IN.
I DON'T LIVE IN A CONSERVATION DISTRICT, UM, BUT PEOPLE THAT DO, OR AN HISTORIC DISTRICT ARE BOUND BY THE RULES IN THAT AREA.
UM, YOUR COMMENT ABOUT, WELL, IT, UH, THE ESSENCE OF THE ORDINANCE, OR I REALLY, I THOUGHT I COULD CHASE THAT, BUT THE LANGUAGE DOESN'T TALK ABOUT IT.
THE, IT ILLUSTRATES IT, BUT NOT CODIFIED IN THE ACTUAL CODE.
UM, THE ISSUE OF TWO STORY VERSUS ONE STORY.
2006, THERE WERE PLENTY OF TWO STORY HOUSES AND, UH, THIS WAS IN 1980S, I THINK.
MAYBE THIS IS OUTDATED, THEN I COULD MAYBE INTERPRET SOME, BUT OUR JOB REALLY IS NOT TO DO MUCH INTERPRETING.
THAT'S THE PLANNING COMMISSION AND THAT'S THE CITY COUNCILS.
UM, AGAIN, IF I WOULD'VE SEEN EVIDENCE OF INCONSISTENT ENFORCEMENT, I WOULD BE WILLING TO SAY,
[05:25:01]
I'M NOT POINTING AT YOU, BUT I'M WILLING TO SAY THAT THE, THE DIRECTOR AIRED BECAUSE THEY'RE ENFORCING HERE AND NOT THERE, AND NOT HERE AND THERE AND NOT HERE.AND I JUST DIDN'T HEAR ANY EVIDENCE.
SO FOR THAT REASON, AND BECAUSE OUR JOB IS IS PRETTY CONSTRICTED HERE, WE HAVE TO BE VERY CAREFUL ABOUT THIS.
I WILL SUPPORT THE MOTION DISCUSSION ON THE MOTION.
UH, I WILL MENTION TO YOU, REGARDLESS OF WAY THIS GOES, YOU HAVE THE RIGHT TO REQUEST THE FEE REIMBURSEMENT AND I ENCOURAGE YOU TO DO THAT PROCESS.
UM, BUT THE, AND THEY'LL ASSIST YOU ON THAT.
UH, IN THE MATTER OF BDA 2 2 3 DASH 1 0 7.
THE MOTION ON THE FLOOR, UH, BY MS. BY MS. HAYDEN, SECONDED BY MR. NER, IS TO AFFIRM THE DECISION, THE BUILDING OFFICIAL, THE ADMINISTRATIVE OFFICIAL, AND DENY THE RELIEF REQUESTED BY THE APPLICANT.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 2 3 DASH ZERO SEVEN.
THE BOARD UNANIMOUSLY AFFIRMS THE DECISION OF THE ADMINISTRATIVE OFFICIAL FIVE TO ZERO AND DENIES THE RELIEF RELIEF REQUESTED BY THE APPLICANT.
THAT BEING THE LAST ITEM ON OUR AGENDA TODAY.
UM, UM, OUR NEXT BOARD OF ADJUSTMENT PANEL, A HEARING IS JAN TUESDAY, JANUARY 16TH.
IS THAT CORRECT? TUESDAY, JANUARY 16TH.
WE HAVE TWO HOLDOVERS FROM TODAY PLUS ANY OTHER ASSIGNED CASES THAT COME FROM THE BOARD.
SECRETARY, UM, THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN.
IT'S BEEN MOVED BY MR. KOVICH TO ADJOURN.
THOSE OPPOSED, UH, THE BOARD IS IS ADJOURNED AT 6:44 PM ON TUESDAY, NOVEMBER 14TH.
HAPPY THANKSGIVING AND MERRY CHRISTMAS.