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AFTERNOON.[Board of Adjustments: Panel C on December 11, 2023.]
OF ADJUSTMENT PANEL C IS HEREBY CALLED TO ORDER AND RECONVENED AT 1:05 PM ON MONDAY, DECEMBER 11TH, 2023.I'M THE VICE CHAIR OF THE BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF PANEL C.
UH, WE, WE HAVE FIVE PEOPLE, WHICH GIVES US A QUORUM AND WE'RE ALL IN PERSON.
UH, I INTRODUCED MYSELF TO MY LEFT IS JUDY POLLETT.
TO HIS LEFT IS RODNEY MILLIKEN, AND TO HIS LEFT IS ROGER STY.
UH, PROFESSIONAL STAFF WITH US TODAY ARE MR. MATTHEW SAPP, WHO'S THE BOARD ATTORNEY AND, UH, ASSISTANT CITY ATTORNEY, DR.
KAMIKA MILLER HOSKINS, INTERIM CHIEF PLANNER AND BOARD ADMINISTRATOR CAMBRIA JORDAN, SENIOR PLANNER, DIANA BAR, DEVELOPMENT CODE SPECIALIST PROJECT COORDINATOR, NORA CASTANEDA, SENIOR PLANS EXAMINER, JASON POOLE, DEVELOPMENT SERVICES ADMINISTRATOR, MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR BRYANT THOMPSON, SENIOR PLANNER.
I HOPE THAT DAVID NAVAREZ WILL JOIN US, BUT HE'S NOT HERE.
AND I'M TOLD MS. STEELE WILL NOT BE HERE.
SO WE ALSO HAVE TREVOR BROWN, CONSERVATION DISTRICT CHIEF PLANNER.
UH, EVERYBODY, UH, I DO, UM, BEFORE WE BEGIN, UH, WOULD LIKE TO MAKE A COUPLE OF GENERAL COMMENTS.
MEMBERS OF THIS BOARD ARE APPOINTED BY THE CITY COUNCIL AND BY THE MAYOR.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
THEY WOULD BE UNCOMFORTABLE WITH THAT.
UH,
UH, EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY STAFF THIS MORNING AND HAVE ALSO REVIEWED A DETAILED DOCKET, WHICH WAS POSTED ON THE BOARD'S WEBSITE SEVEN DAYS PRIOR TO THIS PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD'S SECRETARY WHEN YOU CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, A SPECIAL EXCEPTION OR A REVERSAL OF A BUILDING OFFICIAL, UH, REQUIRE 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE SIMPLE MAJORITY LETTERS OF THE BOARD'S.
ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY, MS. WILLIAMS. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING THE PUBLIC TESTIMONY PERIOD FOR A MAXIMUM OF THREE MINUTES, OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING.
IN THAT CASE, THE APPLICANT WILL HAVE FIVE MINUTES, OPPOSITION WILL HAVE FIVE, AND THE APPLICANT WILL HAVE A FIVE MINUTE REBUTTAL.
IF MORE TIME IS NEEDED, WE WILL ABSOLUTELY GRANTED AND WE'LL DO IT EVENLY.
UM, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
FIRST ORDER OF BUSINESS IS TO APPROVE OUR MINUTES FROM OUR LAST MEETING.
DO I HAVE A MOTION, MR. VICE CHAIR? I MAKE A MOTION THAT WE ACCEPT THE MINUTES FROM OUR NOVEMBER MEETING AS PRESENTED.
UH, SECOND ORDER OF BUSINESS IS TO APPROVE OUR FULL ANNUAL REPORT.
THE ONLY DIFFERENCE BETWEEN WHAT WE APPROVED AT OUR FULL MEETING AND WHAT YOU'RE SEEING TODAY IS THE SPREADSHEET THAT GIVES THE, UH, THE STAFF'S DETAIL OF EVERY CASE WE SAW IN THE LAST, UH, FISCAL YEAR.
IS THERE A MOTION TO APPROVE THE ANNUAL REPORT CHAIR AG? MR. SATCH? I MOVE THAT WE APPROVE THE, UM, THE ANNUAL REPORT AS SUBMITTED, UH, INCLUDING THE, UM, ADDITIONAL DOCUMENTS AS STATED.
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WILL BE DONE BY ROLL CALL.UM, SO WE HAD, PRESUMING WE, WE HAVE NOT HAD ANY MORE LETTERS OR OPPOSITION COME IN OVER LUNCH.
UM, SO WE WILL START WITH OUR PUBLIC TESTIMONY THEN, THEN WE WILL HEAR THE ONE, UH, UNCONTESTED CASE, THE UNCONTESTED DOCKET, WHICH IS 1 1 5.
UM, THEN THE FEE WAIVER, THEN JOYCE WAY, THEN 1 0 8, 1 0 9.
AND, UH, AT THE END WE'LL, WE'LL HEAR THE, UH, THE BUILDING OFFICIAL APPEAL.
MS. WILLIAMS, DO WE HAVE, DO WE HAVE SPEAKERS FOR THE PUBLIC TESTIMONY? NO PUBLIC SPEAKERS, SIR.
WE HAVE ONE UNCONTESTED CASE, WHICH IS BDA 2 2 3 DASH 15 2 8 2 0.
G***H STREET IS THE APPLICANT HERE.
UH, IF YOU'D LIKE TO SAY SOMETHING, OTHERWISE, I THINK THAT THE BOARD IS INCLINED TO GRANT WHAT YOU, WHAT YOU'VE REQUESTED AS LONG AS YOU'RE OKAY WITH THAT.
UM, UH, BUT IF YOU'RE GONNA SPEAK, PLEASE SAY YOUR NAME AND YOUR ADDRESS.
AND I SUPPOSE IF WE'RE GONNA DO THIS, YOU NEED TO SWEAR IN, THEN I AM JOE DINGMAN.
I'M, MY ADDRESS IS 29 20 FOREST LANE.
I'M AN OFFICER OF A NONPROFIT CORPORATION, WHICH IS BUILDING AFFORDABLE HOUSING IN THE FIVE MILE NEIGHBORHOOD.
AND I'M HERE ON BEHALF OF THE OWNER.
WOULD YOU, WOULD YOU EXCUSE ME.
WOULD, UH, MS. WILLIAMS, WILL YOU SWEAR AND EXCUSE ME, DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS AGAIN, PLEASE.
UH, THAT WAS MORE COMPLICATED THAN IT NEEDED TO BE.
I'M HERE JUST TO THANK YOU FOR YOUR DECISION AND TO ANSWER QUESTIONS IF NEEDED.
I DON'T THINK THERE ARE QUESTIONS.
THERE'S, UH, PRESUMING THERE ARE NO SPEAKERS IN OPPOSITION LAST CHANCE, NO OTHER SPEAKER, SIR.
UH, CLOSE THE, THE PUBLIC TESTIMONY ON, ON THIS CASE IS, IS THERE A MOTION MR. CHAIR? I HAVE A MOTION.
MR. MILKEN, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELATIVE RELEVANT EVIDENCE THAT THE APPLICATION SATISFY ALL OF THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WITT VDA 2 23 DASH 115 APPLICATION OF CHRISTOPHER WILLIAMS FOR VARIANCE TO THE FRONT YARD SETBACK REGULATIONS AND THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? I SECOND THE MOTION.
NEXT UP IS THE FEE WAIVER, UH, WHICH IS BDA 2 23 DASH FR 2 9 1 5 MONTE VISTA DRIVE.
THIS IS THE HEARING BASED PURELY FOR THE WAIVER.
NOT I UNDERSTAND, NOT THE COURT.
UH, SO PLEASE STATE YOUR NAME, BE SWORN IN.
UH, IS THERE ANYONE ELSE WHO IS HERE TO SPEAK ON THIS CASE? NO OTHER SPEAKER, SIR.
WOULD YOU PLEASE, UH, SWEAR HER IN AND, UH, MOVE NOTES.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
ANI NINE 15 MONTE VISTA DRIVE, DALLAS
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UH, SO I'M A SINGLE MOM OF TWO.UH, SO DO I SEE, IS IT WORKING NOW? OKAY.
ALL THE MONEY I MADE DURING THE PAST YEARS I SPENT ON REMODELING, NOT REMODELING, ACTUALLY MAKING THAT HOUSE LIVABLE.
IT HAS ONLY TWO BEDROOMS. IT'S THE SMALLEST HOUSE IN THE NEIGHBORHOOD.
UM, IT, UH, LITERALLY DRAINED ALL MY FORTUNE TO THAT, JUST MAKE THAT LIVABLE.
AND I REALLY CANNOT AFFORD PAYING EXTRA MONEY JUST TO UP APPEAL THIS CASE.
I HAVE A DAUGHTER WHO HAS CANCER AND A VERY RARE SYNDROME.
THERE'S ONLY A MILLION OF THEM IN THE WHOLE WORLD, SO I'M ASKING IF POSSIBLE THAT WE CAN BE RAISED.
ARE THERE, THERE ARE NO OTHER SPEAKERS.
I WILL, UH, CLOSE THE CLOSE PUBLIC HEARING.
IS THERE A MOTION? UH, VICE CHAIR AG.
I HAVE, I MISSED THE DOCUMENTATION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B 2 23 DASH FFR TWO ON APPLICATION OF NIKKI COUNTY RAMPED THE REQUEST TO WAIVE THE FILING FEES TO BE PAID AN ASSOCIATION WITH A REQUEST FOR AN APPEAL OF A DECISION MADE BY THE ADMINISTRATIVE OFFICIAL REQUESTED BY THIS APPLICANT.
'CAUSE OUR EVALUATION OF THE TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD RESULTS IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS.
A IS THERE A SECOND? I SECOND MS. POLL SECONDS DISCUSSION.
UM, VICE CHAIR, UM, IN MY EVALUATION, THE, THE STANDARD THAT WE WERE DISCUSSING EARLIER IS WITH SUBSTANTIAL FINANCIAL HARDSHIP, AND I BELIEVE THAT THE APPLICANT, BY HER TESTIMONY, HAS INDICATED THAT PAYING THE FEE IN THIS INSTANCE WOULD CONSTITUTE THAT.
OTHER, UM, ONLY THING I'LL SAY IS, IS THAT I ACCEPT THE WITNESS'S TESTIMONY AS FACT AND I'LL VOTE FOR LAST CHANCE.
MS. WILLIAMS, WILL YOU CALL THE VOTE MR. SLAY? AYE.
OKAY, SO THE NEXT CASE, NOW WE, WE, UH, WE'RE GONNA HEAR JOYCE WAY, UM, WHICH IS BDA 2 2 3 DASH 0 3 5 8 2 9.
JOYCE WAY, APPLICATION OF CHARLES ROM FOR VARIANCE TO THE SIDE YARD SETBACK REGULATIONS.
WOULD YOU PLEASE BE SWORN IN AND STATE YOUR NAME AND ADDRESS AFTER.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY NAME IS CHARLES RAHM, I'M A RESIDENT 5 8 2 9.
THANK YOU TO THE BOARD FOR HEARING MY REQUEST FOR VARIANCE TODAY.
I'M THE APPLICANT AND THE OWNER OF THE HOME.
THE OVERALL GOAL OF OUR PROJECT IS TO CONNECT OUR HOUSE TO THE EXISTING DETACHED GARAGE BY ADDING A SINGLE STORY GARAGE STRUCTURE.
THIS WOULD SOLVE SEVERAL CONCERNS.
FIRST, IT WOULD DECLUTTER OUR DRIVEWAY AND ALLOW US TO HAVE ALL VEHICLES SECURELY PARKED INSIDE THE GARAGE.
THEY'D BE OUTTA SIGHT FROM THE STREET, THEREBY BEAUTIFYING OUR LOT AND NEIGHBORHOOD.
SECOND, IT WOULD ALLOW US TO GO FROM THE HOUSE INTO THE GARAGE WITHOUT GETTING WET IN INCLEMENT WEATHER.
THIRD, IT WOULD PROVIDE MORE SPACE FOR MY HOBBY, WHICH IS RESTORING AND MAINTAINING OLD CARS.
FOR AESTHETICS AND PRACTICAL REASONS, WE'D LIKE TO ALIGN OUR WESTERN EXTERIOR WALL OF THE STRUCTURE WITH THE WESTERN WALL OF THE EXISTING DETACHED GARAGE, WHICH IS WHY WE APPLIED FOR THE ONE FOOT VARIANCE.
THIS WILL BE A, AN EYE PLEASING RESULT FOR US
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AND THE NEIGHBORS.AND WE KNOW THE NEIGHBORS ARE PLEASED WITH THE VARIANCE REQUEST BECAUSE WE RECEIVED FACT 15 POSITIVE LETTERS OF THE 18 ON THE NEARBY PROPERTY NOTIFICATION LIST.
THE ARCHITECT HAS ALSO POINTED OUT THAT TO STEP THE WALL BACK, AN EXTERIOR INSIDE CORNER IS CREATED INCREASING THE POSSIBILITY OF LEAKS AND ROT.
HAVING AN ATTACHED FRONT ENTRY GARAGE WILL ALSO MATCH THE STYLE OF THE NEARBY NEIGHBORS TO BUILD MORE UNIFORMITY AMONG THE HOMES.
WITH THE VARIANCE, WE WILL BE ABLE TO HAVE AN ADEQUATE WIDTH OVERHEAD DOUBLE DOOR FOR EASIER VEHICLE PASSAGE INTO AND OUT OF THE GARAGE.
THE VARIANCE WILL PROVIDE ME MORE ROOM FOR CABINETS, TOOL, CHEST SHELVING, UH, AND WORK AREA.
WE DID CONSIDER A NEW STRUCTURE ELSEWHERE ON THE PROPERTY, BUT THE COST OF BUILDING THAT STRUCTURE WAS GOING TO EXCEED 400,000, WHICH IS MORE THAN 50% OF OUR CURRENT PROPERTY IMPROVEMENT VALUATION.
IT WOULD INVOLVE THE EXPANSION OF ALL THE UTILITIES AND NOT HAVING AN ALLEY.
WE'D HAVE TO BUILD A SECOND DRIVEWAY FROM THE STREET AND THAT WOULD NOT MATCH OUR NEIGHBOR'S PROPERTIES.
FURTHERMORE, IT WOULD RESULT IN MORE CONCRETE, REDUCING THE PROPERTY'S WATER PERMEABLE SURFACE SQUARE FOOTAGE BY ABOUT 16% TO MOVE FORWARD WITH OUR CURRENT PROPOSAL.
IT DOES NOT ADD TO THE NONPERMEABLE SURFACE AS WE ARE REPLACING WITH A CURRENTLY DRIVEWAY WITH THE NEW GARAGE STRUCTURE.
FINALLY, FOR A STRUCTURE ELSEWHERE, WE WOULD HAVE TO REMOVE THREE VERY LARGE MATURE TREES AND REMOVE WONDERFUL YARD AND LANDSCAPE, WHICH WAS ONE OF THE REASONS WE PURCHASED THE HOME IN 2020.
THANK YOU FOR YOUR CONSIDERATION AND I'M HAPPY TO ANSWER ANY QUESTIONS.
I HAVE A QUESTION, MR. I'M SORRY.
UM, MR. ROM, I BELIEVE, UM, YES.
COULD YOU JUST RESTATE, YOU SAID THAT, UM, IF IF YOU HAD TO SET THE, UM, THE ALIGNMENT IN BY ONE FOOT, IT WOULD CREATE, UM, THE KII I'M SORRY, COULD YOU REPEAT THAT? THE YES, SIR.
WHAT I SAID WAS, WHEN YOU CREATE AN EXTERIOR INSIDE CORNER, IT'S MORE SUBJECT TO WATER GETTING DOWN IN THE INSIDE CORNER, CREATING POSSIBILITY OF ROT.
UM, I, I DON'T KNOW IF IT'S IN YOUR EXPERTISE, BUT HOW, UM, IF YOU COULD EXPLAIN HOW, SO, I DON'T KNOW.
THAT'S WHAT THE ARCHITECT SAID.
HE, HE WOULD JUST EXPLAIN AND YOU WANNA MINIMIZE INSIDE CORNERS ON ANY STRUCTURE.
YOU ALWAYS WANT YOUR CORNERS, THE OUTSIDE CORNERS
A SETTING IN VERSUS A, I UNDERSTAND IT CREATES A A A COULD POTENTIALLY CREATE A NECESS A A VOID OF SETTING IN, BUT, UM, I DON'T KNOW THAT I NECESSARILY AGREE, BUT THAT'S NEITHER HERE NOR HERE NOR THERE.
UM, AND THEN JUST BECAUSE I JUST WANNA BE SURE THE EXISTING GARAGE YES.
IS NOT GOING TO BE DEMOLISHED.
IT'S, IT'S JUST GOING TO BE, UM, ALL ADDED ON.
WE'RE GONNA LEAVE THAT INSTRUCTION.
I, I HAVE, I WAS HAVING TROUBLE JUST TRYING TO UNDERSTAND WHAT IS AND WHAT'S GOING TO BE AS IT SITS NOW YOU HAVE, I BELIEVE, IS IT THREE STALLS? THREE CAR GARAGE? YEAH.
IT'S, UH, THE, THE ONLY THING YOU'RE GOING, YOU'RE, YOU WANT TO DO IS TO ATTACH THE EXISTING GARAGE TO THE HOUSE.
UM, ARE YOU GONNA BUILD UP, EXPAND THE, WE'RE GOING TO, THE EXISTING GARAGE IS NOW GOING TO BE ATTACHED.
WE'RE GONNA BUILD A STRUCTURE TO CONNECT BETWEEN THE HOUSE AND THE EXISTING DETACHED GARAGE, AND IT WILL ALL BE GARAGE SPACE.
AND, UH, ALSO WHAT WE WANTED TO DO, OF COURSE, WAS TO BE ABLE TO GO FROM INSIDE THE KITCHEN IN THE HOUSE TO THE GARAGE WITHOUT GETTING WET OR COLD.
SO THE EXISTING STRUCTURE, YOU'RE NOT, YOU'RE NOT REALLY TOUCHING, IT'S JUST THE EXISTING STRUCTURE'S GOING TO STAY.
YOU'RE NOT ENLARGING THAT, YOU'RE, YOU'RE JUST ESSENTIALLY ADDING A CONNECTOR.
ARE THERE OTHER QUESTIONS? THANK YOU.
ARE, ARE THERE OTHER SPEAKERS IN FAVOR? NO, THE SPEAKERS REGISTERED.
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IN OPPOSITION? NO, THEY'RE SPEAKERS.UH, TECHNICALLY YOU CAN REBUT YOURSELF, BUT I, OKAY.
MR. SASH, I MOVE THAT THE BOARD OF ADJUSTMENTS IN APPEAL NUMBER BDA 2 23 DASH ZERO THREE ON APPLICATION OF CHARLES ROM GRANT, THE ONE FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANT WITH THE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? MILLIKEN? SECOND.
MR. MILLIKEN COMMENTS? HEARING NONE, MS. WILLIAMS? OH, I'M SORRY, MR. SAR, I, I JUST WANTED FOR THE, FOR THE RECORD THOUGH, THOUGH, I, UM, I MADE A MOTION TO APPROVE THIS.
I WOULD SAY I, I DON'T NECESSARILY AGREE WITH YOUR ARCHITECT'S ASSESSMENT OF, UM, OF THE INSET.
SO, UM, JUST TO MAKE THE POINT, YOU'RE ON THE RECORD AS NOT AGREEING WITH THE ARCHITECT'S ASSESSMENT OF THE INCIDENT.
MS. WILLIAMS, MR. MILLIKEN? AYE.
UM, BDA 2 2 3 DASH 1 0 8 2 5 1 8 NORTH GARRETT AVENUE, THE APPLICATION OF PEDRO MONTOYA, REPRESENTED BY JESSE CASTILLO FOR A VARIANCE TO THE OFF STREET PARKING REGULATIONS.
IF YOU'RE HERE TO SPEAK ON THIS CASE, EITHER FOR OR AGAINST, WOULD YOU PLEASE STAND? THE APPLICANT IS NOT HERE.
I BELIEVE HE SAID HE WAS GONNA JOIN ONLINE.
UM, FOR THE, AT LEAST FOR THE IMMEDIATE MOMENT, WE CAN MOVE TO, OH, IS HE HERE? OKAY, MR. CASTILLO, YOU, UH, YOU NEED TO HAVE, UH, YOUR VIDEO ON IN ORDER FOR YOUR TESTIMONY TO COUNT.
MR. CASTILLO, ARE YOU ON, PLEASE TURN ON YOUR VIDEO AND AUDIO.
YES, I AM ON, I'M TRYING TO GET MY VIDEO ON.
I APOLOGIZE FOR THE, FOR THE TROUBLES HERE.
I'M, I'M, I'M ACTUALLY ONLY ABOUT ONE MINUTE AWAY FROM THE, UH, FROM YOUR LOCATION.
UM, IF, IF THAT IS BETTER FOR ME TO BE THERE, UM, IN PERSON, WHICH IS WHAT I WAS PLANNING TO DO.
BUT I I, I CAUGHT SOME TRAFFIC HERE.
UM, I THINK IT WOULD BE GREAT IF YOU COME IN PERSON AND WE WILL HEAR THE NEXT CASE AND COME BACK TO YOU WHEN YOU'RE HERE.
DO WE HAVE THE REQUESTED INTERPRETER? YES, SIR.
UM, HOW DO YOU WANNA DO THAT? DO YOU WANNA DO IT IN AS A SIMULTANEOUS INTERPRETER? SHOULD WE START AND STOP? UH, IN PREVIOUS HEARINGS, UM, YOU ASK QUESTIONS AND THEN THE INTERPRETER, YOU KNOW, TALKS TO THE, UH, APPLICANT AND SO FORTH.
SO BY VIRTUE OF, OF HAVING AN INTERPRETER, THE APPLICANT, UH, EXCUSE ME, BY CODE IS AFFORDED TWICE THE TIME, MR. NO, JUST, OH, OKAY.
SO THIS IS CASE BDA 2 2 3 DASH 1 0 9 3 9 1 9
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FURY STREET, THE APPLICATION OF JUAN LOPEZ OF BARRY, FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATION.UH, WOULD, WOULD YOU PLEASE BE, UH, SWORN IN AND STATE YOUR NAME AND YOUR ADDRESS AND I, I GUESS THE, THE INTERPRETER DOES THE SAME, SO IF YOU PLEASE BOTH BE SWORN IN AT THE SAME TIME.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING LOPEZ AVENUE.
MY ADDRESS IS 2 2 0 7 LANE LANGDON AVENUE, DALLAS, TEXAS 7 5 2 3 5.
UM, THE SITUATION WITH THE PROPERTY, UH, WELL, WHAT HAPPENED WAS THAT WHEN I WANTED TO START CONSTRUCTION ON THE PROPERTY, THE ARCHITECT TOLD ME THAT I NEEDED TO CONSULT WITH THE CITY FIRST.
WELL, WHEN I WENT THERE, UM, I MADE AN APPOINTMENT AND I SAW A PERSON, I THINK THEIR NAME WAS, UM, I THINK BRANDY, UH, BRANDY.
AND THEY SAID THAT, UM, I COULD DEFINITELY START CONSTRUCTION BECAUSE THE ACTUAL PROPERTY IS IN THE SHAPE OF A TRIANGLE.
AND THEY SAID THAT I COULD, UH, UH, START CONSTRUCTION WITH T 20 FEET IN FRONT AND FIVE FEET IN THE BACK.
SO AFTER THAT, I HAD AN ARCHITECT DRAW UP THE PLANS AND I DID GO TO, UH, THE MEETING AND I GOT A SPECIAL PERMISSION AND I DID, UH, HIRE SOMEONE TO HELP ME, UH, PROCESS THAT PERMISSION.
AND I PAID THEM MONEY, UH, TO GET THIS PERMIT.
AND THEN THEY FELL OUT OF COMMUNICATION WITH ME AND I HAVEN'T BEEN ABLE TO SPEAK TO THEM SINCE.
I WENT WITH THE CITY, I PAID WHAT I NEEDED TO PAY AND SPOKE TO THAT PERSON.
UH, THEN I NEVER HEARD FROM THEM AGAIN.
AND THEN I FOUND OUT THAT APPARENTLY, UM, THE REGULATIONS SAY THAT I HAVE TO, UH, BUILD, UH, 20 FEET IN THE BACK AS WELL AS THE FRONT.
AND AT THAT POINT I'D GOTTEN ALL THEIR PERMISSIONS AND PAID SOMEONE ELSE, UH, TO GO AHEAD AND PROCESS THAT WITH THE CITY AND GET ANY PERMITS THAT I NEEDED.
AND THEN THEY SAID THAT I HAD TO HAVE A MEETING SO THAT I COULD GET APPROVED TO HAVE THE FIVE FEET INSTEAD OF THE 20 FEET.
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SO THEY SAID THAT I HAD TO MAYBE PUT OUT SIGNS, UH, IN ORDER TO HAVE THIS MEETING AND THAT I NEEDED TO MAKE SURE THAT I, UH, SCHEDULED THE MEETING TO GET THIS APPROVAL.AND I ALSO WENT TO ALL OF MY NEIGHBORS.
THEY ALSO HAD VERY GOOD RESPONSE.
I HAVE THIS PAPER HERE, THE
UH, NOW A COUPLE OF THE NEIGHBORS, THEY HAD DOGS AND I KIND OF GOT SCARED AND THEY HAD A GATE AND I DIDN'T WANNA GO IN.
BUT THE ONES THAT I DID SPEAK TO, THEY ALL GAVE ME THEIR SIGNATURES.
AND EVERYONE DOES, UH, AGREE AND IS ON BOARD WITH, UH, THIS ADJUSTMENT.
WILL, WILL YOU, UH, YOU, YOU ONLY YOU HAVE ONE COPY OF THAT, THAT PIECE OF PAPER ARE OR ARE, WILL YOU, DO YOU, DO YOU NEED THAT PIECE OF PAPER? WILL YOU GIVE IT TO MS. WILLIAMS SO THAT THE BOARD CAN LOOK AT IT AND IT, DO YOU MIND IF IT, IT BECOMES A PART OF OUR RECORD? WOULD THE BOARD MIND IF HE TOOK A PICTURE? SURE.
AND IN ORDER TO HAVE THIS MEETING THAT I'M AT TODAY, I ACTUALLY HAD HAD TO CLEAR THE PROPERTY FROM ANY LIENS, UH, CLEAR THE, HAVE A CLEAR TITLE, AND THAT COST ME OVER $4,000 TO CLEAR THE TITLE OF ANY LIENS JUST TO BE ABLE TO BE HERE TODAY.
IT WAS, UM, AND IN ORDER TO BEGIN THIS PROCESS AND BEGIN, UH, THIS CONSTRUCTION, I MYSELF HAD TO BE VERY CONVINCED AND VERY SURE OF ALL OF MY PLANS AND OF ANY CITY ORDINANCE.
UH, THAT'S WHY I DID HIRE AN ARCHITECT AND HAVE HIS APPROVAL.
AND UPON HIS, UH, DRAWINGS AND HIS PERSPECTIVE, UH, THIS IS HOW THE HOUSE HAS TO BE BUILT.
UH, I DO HAVE COPIES HERE OF HIS, UH, OUTLINE OF THE, UH, PLANS OF THE HOME.
AND HE SAID THAT IF I MOVE THE HOME IN ANY WAY, ANY AMOUNT OF FEET, UH, THAT IT WILL GREATLY AFFECT THE, UM, THE SQUARE FOOTAGE OF THE HOME AND WILL ACTUALLY, UM, HAVE TO CUT OFF A COUPLE OF THE ROOMS IN THE HOME.
MS. BARQUE, DO YOU HAVE THE PLANS THAT YOU WOULD NEED IN THIS CASE? YES.
YEAH, HE PROVIDED FOUR PLANS AND THE SITE ONE.
I JUST WANTED YOU HAVE THE MOST UPDATED.
ARE THERE QUESTIONS FOR THE APPLICANT? THANK YOU
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VERY MUCH FOR BEING HERE.ARE THERE OTHER SPEAKERS IN FAVOR OF THIS APPLICATION? NO OTHER SPEAKERS, SIR.
ARE THERE SPEAKERS IN OPPOSITION? NO.
UM, IS THERE A MOTION CHAIR IS, BEFORE WE MAKE A MOTION, I'D LIKE TO KNOW IF I CAN ASK, UH, STAFF IF WE CAN SEE THAT VISUAL THAT SHOWS WHICH PORTION OF THE, OF THE, UH, CONSTRUCTION IS, IS IN, IS IN THE COMPLIANT AREA, WHICH IS NOT.
DO YOU WANNA SEE THE HARD COPY OR DO YOU WANT ME TO SHOW IT ON THE SCREEN? IT'S PROBABLY EASIER, WHICHEVER'S EASIER UP THERE IS WHATEVER'S EASIER, BUT I THINK IT'S IN OUR, LET ME SEE IF I CAN FIND THE PAGE FOR MAY NOT.
IT'S NOT COLOR CODED OR ANYTHING, BUT YOU CAN GET A SENSE FOR, FOR THE OUTLINE OF THE HOUSE.
I MEAN, IT, IT SAYS 93 AND, AND IT'S ON THE SCREEN NOW.
SO THIS HAS TWO FRONT YARDS, RIGHT? ONE ALONG, UH, ALONG FURY AND, UH, THE OTHER ALONG, IF IT'S PRONOUNCED AL AND EACH ARE 20 FOOT SETBACKS.
SO I, SO WE'RE TALKING ABOUT TWO FRONT YARDS.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH 1 0 9, AN APPLICATION OF JUAN LOPEZ GRANT, THE 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? MR. AGNI? UM, MR. SLATE? SECOND.
UH, YOU'LL, YOU'LL GET A, A LETTER IN THE MAIL AND GOOD LUCK AND THANK YOU FOR BEING HERE TODAY.
UH, IS MR. CASTILLO HERE? NOT YET, SIR.
WELL, YOU SAID HE WOULD BE HERE IN A, IN A MINUTE.
UM, WHY DON'T, WELL, LEMME THINK.
OH, EITHER, EITHER HE'S GONNA BE HERE, IN WHICH CASE WE'LL HEAR THIS OR, OR WE'RE GONNA DISPOSE OF IT ONE WAY OR THE OTHER.
UM, WELL HE NEEDS TO BE ON VIDEO, SO YEAH, WE HAVE THE COMPLIANCE BOARD.
[00:40:01]
SO WHY DON'T WE TAKE, ALRIGHT, NO, WELCOME.TAKE TAKE A SECOND AND BREATHE.
SO HERE IS BDA 2 2 3 DASH 8 2 5 1 8 NORTH GARRETT AVENUE, APPLICATION OF PEDRO MONTOYA, REPRESENTED BY, BY JESSE CASTILLO FOR A VARIANCE TO THE OFF STREET PARKING REGULATIONS.
UM, WOULD YOU PLEASE STAND AND BE SWORN IN, UH, ALONG WITH ANYONE ELSE WHO'S HERE TO SPEAK ON THIS MATTER? AND WHEN YOU, UH, BEFORE YOU, AFTER YOU'RE SWORN IN, BEFORE YOU SPEAK, IF YOU'D GIVE US YOUR NAME AND ADDRESS.
LET LET MS. WILLIAMS, OH, I'M SORRY.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS.
ADDRESS IS 18 0 1 ANNEX AVENUE.
THAT'S DALLAS, TEXAS 7 5 2 0 5.
NOW, THAT IS NOT THE ADDRESS OF THE PROPERTY THAT WE'RE SPEAKING OF TODAY.
SO WE ARE REQUESTING A VARIANCE FOR THIS PROPERTY.
AS YOU CAN SEE, THE, UH, THE LOT SURROUNDING SURROUNDING ARE, UH, A BIT LARGER THAN OURS.
AND, UH, WE'RE REQUESTING TO BUILD A THREE STORY TRIPLEX WITHIN ALL THE, UH, HEIGHT REQUIREMENTS, SETBACK REQUIREMENTS, AND, UH, AND SO FORTH.
AND THE VARIANCE THAT WE'RE REQUESTING WOULD ALLOW US TO ACCESS THE, UH, THE ALLEYWAY FOR PARKING AND, UH, WOULD ACTUALLY GIVE US MORE LIVABLE, UM, SQUARE FOOTAGE TO, UH, TO UTILIZE ON THE PROPERTY AS WELL TO, UH, COMPLEMENT THE NEIGHBORHOOD AND BRING IT UP TO PAR WITH THE REST OF THE, UH, TOWN HOMES THAT ARE SURROUNDING THE, THE NEIGHBORHOOD AS WELL.
UM, THIS MORNING WE, WE WERE LOOKING AT YOUR SITE PLAN AND THERE ARE, THERE APPEAR TO BE TWO DESIGNATED GUEST PARKING YES, SIR.
THAT I PRESUME ARE NOT THAT NEITHER ONE IS IN THE ALLEY.
UM, HOW IT, HOW DOES A A A CAR GET AROUND THE, THE PROPERTY? IF, IF SOMEONE IS PARKED IN EITHER ONE OF THOSE SPACES, HOW DOES THE CIRCULATION WORK? SO CIRCULATION WOULD WORK ALONG THE EAST SIDE OF THE PROPERTY OFF OF, UH, GARRETT.
THERE'S ONE ACCESS TO A GUEST PARKING THERE THAT IS NOT OBSTRUCTING ANY, UM, ANY AXIS WAY.
AND THEN THE OTHER GUEST PARKING IS ON THE NORTH SIDE OF THE PROPERTY, WHICH BASICALLY IF YOU WENT UP THE, UH, THE EAST SIDE ALLEYWAY AND WENT UP TO THE TOP OF THE, UH, LOT, THEN UM, THAT WOULD BE THE ADDITIONAL GAS PARKING THAT YOU HAVE, WHICH WOULD NOT OBSTRUCT ANY OF THE GARAGE SPACE THAT ARE THERE.
UM, ARE YOU ABLE TO PUT UP THE PRESENTATION YOU SHOWED US THIS MORNING? IT'S JUST EASIER IF, IF WE CAN POINT TO THE SAME THING.
CAN YOU PUT UP THAT, THAT SITE PLAN? EXCUSE ME.
SO THIS IS A 20 FOOT ALLEY WHERE THERE'S SOME DISCUSSION THIS MORNING AS TO WHETHER IT WAS 15 OR 20.
IT SAYS 20, I BELIEVE IT'S A 20 FOOT.
IT IS 20, UM, A PERSON ENTERING THE PROPERTY WOULD HAVE TO COME IN FROM GARRETT, RIGHT? THAT'S THE ONLY ENTRANCE.
WELL, GARRETT OR THE, UH, THE ALLEYWAY, WHICH ACROSS THE STREET, THEY'RE UTILIZING THE ALLEYWAY TO ACCESS THE PROPERTY.
SO GARRETT IS ON THE RIGHT HAND SIDE.
UH, THERE'S ONE GUEST PARKING ON THE BOTTOM RIGHT CORNER OF THAT LOT.
AND THEN IF WE WENT UP TOWARDS THE TOP RIGHT CORNER, AND WE MAY HAVE LEFT INTO THAT ALLEY, WHICH THERE'S MULTI-FAMILY, UM, ABOVE THAT WE CAN GO DOWN THAT ALLEYWAY AND THEN COME DOWN INTO THAT LAST, UM, GUEST PARKING SPOT ON THE TOP LEFT CORNER OF THE PROPERTY.
SO I THOUGHT THAT AN ORDER EVEN TO GET TO THAT ALLEY IT STILL COMES IS IT HAS, YEAH.
THE ALLEY IS ACCESSIBLE FROM GARRETT, RIGHT? MM-HMM.
AND IT GOES ALL THE WAY THROUGH TO THE NEXT.
[00:45:01]
THAT HEAD STRAIGHT INTO THAT GUEST PARKING ONE.I'M GONNA CALL HIM THE BOTTOM RIGHT THERE.
SO IF THERE'S A CAR THERE, WHAT HAPPENS IF THERE'S A CAR THERE? WHAT WOULD HAPPEN TO THE, UH, TO THE ACCESS OF THE PROPERTY? YEAH, I MEAN, YOU COULD STILL ACCESS THE PROPERTY.
THE PARKING DRIVEWAYS ARE ON THE, ON THE TOP END OF THAT, WHICH WE'RE LOOKING AT IN, ON NORTH AND SOUTH.
THAT WOULD BE THE EAST, WHICH IS THE TOP PORTION OF THAT.
UM, THOSE ARE THE DRIVEWAYS THAT WOULD GO INTO THE GARAGE, UM, THAT ARE INDICATED THERE.
SO I DON'T, I DON'T BELIEVE THAT THE, THE GUEST PARKING DOWN BELOW ON THE RIGHT WOULD OBSTRUCT ANY, ANY ACCESS TO THE PROPERTY.
'CAUSE EVERYTHING DOWN AT THE BOTTOM LEFT AND ALONG THE LEFT SIDE OF THAT PROPERTY IS A, IS YARD.
THAT, THAT, THAT PART IS NOT PAVED.
OH, SO THAT'S JUST HEAD END PERIOD.
IS THAT TRUE ON THE TOP LEFT TOO? I, I JUST NEED TO GET A SENSE.
MY HEAD FOR WHAT? YEAH, TOP LEFT.
THAT IS ALL, THAT IS ALL GONNA BE CONCRETE.
'CAUSE THOSE ARE YOUR DRIVEWAYS ENTERING THE PROPERTY.
UM, SO AS YOU WOULD GO UP TO THE TOP RIGHT CORNER OF THAT PROPERTY, THEN YOU'D MAKE A LEFT INTO THE ALLEYWAY.
JUST AS, AS MOST OF THE, UH, PROPERTIES IN THAT AREA HAVE UTILIZED.
UM, YOU KNOW, ALL YOUR GARAGES ARE DOWN BELOW ON THAT, ON THAT TOP PORTION PORTION OF THE, OF THE PROPERTY.
AND ALL THAT IS, IS CONSIDERED CEMENT.
THE ONLY A, THE ONLY YARD AXIS OR THE ONLY YARD IS BOTTOM LEFT CORNER.
AND THEN IN THE FRONT AXIS FACING GARRETT ON THE OTHER SIDE OF THE GUEST PARKING.
SO A PERSON PARKING IN ONE OF THESE SPACES WHEN THEY DECIDE TO, TO LEAVE, THEY'LL BACK OUT AND GO, WHICH DIRECTION WILL THEY BACK OUT INTO THE ALLEY AND GO TO GARRETT? IF WE'RE LOOKING AT THE PARKING SPOTS? UM-HUH?
AND AXIS THE NEXT STREET, WHICH I BELIEVE IS BEN'S, WILL YOU PAVE THE ALLEY? YES, WE WILL PAVE THE ALLEYWAY.
WE HAVE, WE HAVE ALLOCATED TO PAVE THE ALLEYWAY FROM THAT TOP LEFT CORNER BACK TO GARRETT.
BUT IF WE NEED TO PAVE THE REST OF THAT AND WE CAN DO THAT AS WELL.
I WILL, THESE GARAGE DOORS BE, THESE ARE AUTOMATED CORRECT.
GARAGE DOORS, RIGHT? YES, SIR.
NOT SOME, SOMEBODY DOESN'T HAVE TO GET OUT.
AND, UM, WHAT IS THE, WHO ELSE USES THE ALLEYWAY? NOBODY CURRENTLY, UM, IT DOESN'T SEEM TO BE USED AT ALL AT THE MOMENT.
IT'S ACTUALLY HEAVILY TREED, NOT TREED, BUT THERE'S A LOT OF GREENERY RUSHY ON THE NORTH ASPECT OF THAT.
UM, SO I DON'T FEEL THAT IT IS BEING USED AT THE MOMENT.
THE ALLEYWAY'S NORTH AND SOUTH OF THE PROPERTY ARE BEING USED, AND THOSE HAVE RECENTLY BEEN PAVED AS WELL.
I THINK WE'RE, WE'RE ONE OF THE LAST LOTS THERE TO BE, UM, TO BE BUILT AND DEVELOPED.
SO YOU, UH, AS ESSENTIALLY CAN HANDLE FIVE CARS AT ANY ONE TIME? WELL, ESSENTIALLY TWO PER GARAGE.
SO, AND THEN, YOU KNOW, SO IT'S EIGHT TOTAL? YES, SIR.
AND THE, THE GARAGE OR THE, UH, THE GUEST PARKING DOWN BELOW IS LONG ENOUGH TO WHERE TANDEMLY YOU CAN FIT TWO CARS IF NEED BE.
SO THE PAR THE GUEST PARKING DOWN BELOW IN THE RIGHT CORNER, UHHUH
UM, I ULTIMATELY WANNA ASK MR. NAVARRA'S QUESTIONS, BUT I LET, I I DID INTERRUPT YOU, SO LET ME THAT'S OKAY.
ASK YOU TO FINISH AND, WELL, THAT WAS IT.
JUST, YOU KNOW, WE'RE, WE'RE REQUESTING THE VARIANCE SO THAT WE CAN BUILD WHAT THE REST OF THE NEIGHBORHOOD HAS, HAS BUILT AROUND US.
AND UNFORTUNATELY, OUR LOT IS NOT AS BIG AS, AS MOST, UM, AS FAR AS WIDTH GOES.
AND SO THAT'S THE, THE REQUEST FOR THE VARIANCE HERE.
ARE THERE OTHER QUESTIONS? THANK YOU.
UM, MR. NAVAREZ, UH, HAS JOINED US.
UM, I DIDN'T SEE YOUR NORMAL SHEET, SO PLEASE TELL US HOW YOU EVALUATE THIS.
THANK, THANK YOU ABOUT OUR, UH, MISSING
[00:50:01]
THAT OUR COMMENT SHEET THAT YOU WILL NORMALLY SEE.UM, I WAS LISTENING THIS THIS MORNING.
I APOLOGIZE FOR NOT BEING PRESENT WHILE WE WERE IN OTHER MEETINGS.
UM, FIRST OF ALL, DAVID NEVAREZ TRANSPORTATION DEVELOPMENT SERVICES ON BEHALF OF ENGINEERING.
I ACTUALLY WAS LISTENING AND WROTE DOWN YOUR QUESTION, UM, I I, THE, THE QUESTION BEING, IS THERE A SUFFICIENT SPACE OR ADEQUATE RADIUS TO ACCOMMODATE MANEUVERING OF TRAFFIC IN AND OUT OF THE SITE? AND THE ANSWER IS YES.
THE PROPOSED 10 FOOT SETBACK PLUS THE IMPROVED ALLEY, WHICH IS REQUIRED AT PERMITTING, UH, WILL MEET AND EXCEED CITY STANDARDS, WHICH ARE CURRENTLY 15.3 FEET.
UH, THE PROPOSED DIMENSIONS WILL COMPLY WITH THE SPACE THAT A VEHICLE REQUIRES TO PULL IN AND OUT.
IN FACT, UH, IN SOME INSTANCES, A ZERO FOOT SETBACK WOULD ALSO, UH, SATISFY THE NEED OF A VEHICLE PULLING IN.
IT WOULD JUST NEED MULTIPLE POINTS, UH, MULTIPLE TURNING POINTS TO GET IN.
UH, PROPOSED 10 FOOT SETBACK WOULD BE SUFFICIENT FOR A VEHICLE TO PULL, UH, AND TURN RIGHT IN.
THE MOST RESTRICTIVE TURN WHEN YOU'RE DRIVING IS WHEN YOU TURN RIGHT, YOU CAN EASILY TURN LEFT.
AND I'M ELABORATING IN DETAIL, HOPE THAT'S OKAY WITH YOU.
NO, MOST OF THE TRAFFIC WILL ARRIVE FROM GARRETT.
THAT'S THE CLOSEST AND TO THE SIDE, RIGHT? AND SO TURNING LEFT INTO THE SIDE IS A MUCH, YOU AS A MOTORIST, YOU TURN LEFT.
NEXT TIME YOU'RE DRIVING NOTICE, YOU PULL INTO A PARKING STALL.
TURNING LEFT IS MUCH EASIER THAN WHEN YOU TURN RIGHT, AND THAT'S JUST BECAUSE OF WHAT YOU SEE.
UM, SO THE MORE RESTRICTIVE TURN WOULD BE TURNING RIGHT INTO THE SIDE, WHICH IS ASSUMING THAT SOMEONE'S ARRIVING FROM BENNETT FROM THE NORTH, UM, WHICH I DON'T THINK THAT'D BE THE MAJORITY OF THE TRAFFIC ARRIVING HERE, BUT STILL TO THE POINT, UH, THIS PROPOSED DIMENSIONS WOULD COMPLY WITH THE CITY STANDARDS AND WE WOULD HAVE NO PROBLEM APPROVING THEM AT PERMITTING.
UH, W WHY DO I THINK THAT, THAT THE, IT'S NOT 15.8 FEET, BUT 20 FEET THAT THE CITY NORMALLY REQUIRES? I'M WRONG.
THOSE ARE DIFFERENT DIMENSIONS.
UH, 20 IS THE SETBACK THAT IS REQUIRED, BUT, UM, IT'S NOT WRITTEN.
MY UNDERSTANDING OF THE 20 FOOT, UH, SETBACK, UH, FOR ENCLOSED GARAGES IS SO THAT THERE IS ENOUGH SPACE FOR A VEHICLE TO PARK OUTSIDE.
AND SO TECHNICALLY THE CODE SAYS IT'S 20 OR NOTHING, UH, YOU MEET THE 20 OR YOU DON'T.
AND IF YOU DON'T, IF YOU'RE SHORT OF 20, THAT MEANS THAT IF THERE'S A POSSIBILITY OF A VEHICLE BEING STORED, UM, OUTSIDE OF THAT GARAGE BECAUSE THEY'RE EITHER DOING THAT TEMPORARILY OR RAN OUT OF SPACE OR THEY'RE USING THEIR GARAGES FOR SOMETHING ELSE OTHER THAN STORING CARS.
UM, AND THEREFORE, UH, WE HAVE MULTIPLE PHOTOS OUT THERE WHERE VEHICLES ARE, YOU KNOW, THAT HAS BEEN A DESIGN IN MANY PARTS OF THE CITY AND YOU HAVE THE EQUALS THEN OBSTRUCTING SIDEWALKS OR FORCE.
UM, I DON'T THINK THAT'D BE THE CASE HERE OF EQUAL 10 FEET.
SO IF THE REQUEST WAS FOR 15, ANYTHING MORE THAN 15, UM, WE WOULD NOT BE ABLE TO SUPPORT THE REQUEST AND WE WOULD SAY SOMEONE'S GONNA TRY TO ATTEMPT TO PARK OUT THERE AND BLOCK THE SIDEWALK.
BACK TO THE QUESTION ON WHO'S DRIVING THIS ALLEY, IT'S A PUBLIC ALLEY.
ANYONE CAN DRIVE ON THIS ALLEY, BUT I AGREE WITH THE APPLICANT THAT, UM, IT'S CURRENTLY NOT USED ONE BECAUSE IT'S NOT IMPROVED, BUT ALSO, UM, BOTH SIDES ARE ALREADY DEVELOPED AND THERE ARE NO ACCESS POINTS.
UH, IN THE FORESEEABLE FUTURE.
I DON'T KNOW IF THOSE PROPERTY VIEWS ARE GOING TO BE DEBONE AND RECONSTRUCTIVE, BUT IN THE FORESEEABLE FUTURE, UM, IT, THIS ALLEY WON'T BE USED, UM, EXCESSIVELY, UM, THAT'S, MR. NAVAREZ WOULD PROBABLY REGRET HAVING GIVEN THIS TESTIMONY BECAUSE IT WAS LIKE FOUR YEARS AGO, BUT FOR SOME REASON IT'S ALWAYS STUCK IN MY HEAD.
YOUR OPINION GENERALLY HAS BEEN THAT PEOPLE USE GARAGES TO STORE THINGS AND THEY PARK OUTSIDE? UM, I DON'T THINK THAT I WOULD SAY THAT ON RECORD BECAUSE THAT'S A SUBJECTIVE CALL.
AND I ACTUALLY TELL YOU I HAVE NEIGHBORS WHO DO AND DON'T.
SO THAT'S A, THAT'S EVERY, EVERY COMMUNITY'S DIFFERENT AND I, I DON'T THINK THAT I WOULD REALLY, REALLY SAY THAT ON RECORD.
NO, I PARKED ON MY GARAGE AND I USED IT FOR MY BE SO A, A CAR PARKED OUTSIDE FACING IN THIS, UH, IS, UH, IF WE ASSUME A CAR IS 20 FEET, SO HALF OF THE CAR WOULD BE STICKING OUT INTO HALF OF THE EASEMENT, WHICH RIGHT.
I DON'T THINK THAT WOULD BE THAT.
I DON'T THINK THAT SHOULD BE, UM, IN OUR OPINION TO NOT BE THE, THE DRIVING CONSIDERATION OF THE COMMISSION THAT I'M, I'M BEING RUDE.
YOU, YOU DON'T HAVE TO STAND THERE.
YOU COME BACK UP IF YOU, YEAH.
IN SHORT, WE HAVE NO OBJECTIONS TO THE REQUEST.
[00:55:01]
UM, HAD IT BEEN MORE THAN I WOULD WANT CAUTION THE, THE BOARD TO KNOW THAT PEOPLE MIGHT USE IT AS A TEMPORARY PLACE TO PARK THE 10 WOULD ACTUALLY NOT BE SUFFICIENT FOR A VEHICLE.VEHICLE WOULD VERY CLEARLY BE STICKING OUT ONTO THE ALLEY AND, UM, OBSTRUCTING, UM, THE, THE DRIVE FILE.
WOULD SOMEONE PARKED IN THE WAY I JUST DESCRIBED BE VIOLATING A PARKING CODE? YES.
UH, YOU WOULD BE PARKED IN AN ALLEY.
IF THERE ARE, IF IT'S A TWO CAR GARAGE, THEY COULD PARK SIDEWAYS PARALLEL TO THE, TO THE ALLEY.
WELL, YOU KNOW, ONCE SIDEWAYS, GO AHEAD.
THANK, THANK, THANK YOU FOR THAT COMMENT.
SO MY LAST, UH, I KNOW IT WAS A LONG ANSWER, BUT THAT'S ALREADY WITHIN PRIVATE PROPERTY AND I THINK, YOU KNOW, PRIVATE OWNER SHOULD HAVE THE ABILITY TO PARK OUT THEY WISH TO, AS LONG AS THEY DON'T OBSTRUCT MM-HMM.
WELL, AND, AND THE GENERAL PUBLIC DRIVING ON THE ALLEY.
I THINK A CAR COULD BE ABLE TO PARK PARALLEL TO THE ALLEY WITHOUT OBSTRUCTING, AND I HOPE THAT YOU TAKE THAT INTO ACCOUNT.
BUT IN HER CASE, THAT THAT PERSON WOULD BE BLOCKING THE GARAGE, RIGHT? UH, YES.
THEY WOULD BE BLOCKING THEIR ACCESS.
UH, YOU'VE ANSWERED MY QUESTION.
ARE THERE OTHER QUESTIONS FOR MR. MR. NAVARRO? MR. SACHE? UM, THANK YOU.
CHAIR S UM, SO WITH THE IMPROVEMENT OF THE, UM, ALL BEING PAID, UM, DO, DOES YOUR, DOES YOUR TEAM NOT HAVE A CONCERN WITH, UH, THE IMPROVEMENT COMES MORE TRAFFIC AND THEN WITH MORE TRAFFIC, MORE POTENTIAL, UH, THREAT OF ACCIDENT, UH, WITH SUCH A, YOU KNOW, SUCH A LIMITED, UM, LEVEL OF PARKING SPACE AND PEOPLE, YOU KNOW, TR TRAVELING THAT ALLEYWAY AND THE INDIVIDUALS THAT LIVE WITHIN THAT PROPERTY TRYING TO ENTER AN EXIT? THAT FOR IN MY MIND, THAT CREATES A, A HIGHER LEVEL OF CONCERN OF MOTORIST TRAFFIC? NO.
ABSOLUTE, THE MORE TRAFFIC, THERE'S A CHANCE OF AN ACCIDENT THERE.
UH, ONE, IT'S NOT A SUBJECTIVE CALL, BUT THE DEVELOPMENTS WILL BE REQUIRED TO IMPROVE THE ALLEY.
UM, BUT TO ANSWER YOUR QUESTION, I DON'T BELIEVE THAT THIS CONSTITUTES A, UM, CONCERN.
WELL, I MEAN, ANOTHER ALLEY IN ALLEY.
AND, AND THEN YOU, YOU MENTIONED THAT, UM, LONG TERM, I THINK IN THE LONG RUN, YOU, YOU, YOU FORESEE, OR IT IS FORESEE THAT THIS ALLEY WON'T BE USED BASED ON, MAY HAVE MISUNDERSTOOD, YOU SAID.
UH, IS THERE SOME, UM, PLANT CONSTRUCTION WITH, WITH THE PROPERTIES THAT ARE THERE THAT BOTH, UH, THERE ARE, UH, LARGER DEVELOPMENTS ON BOTH SIDES OF THE ALLEY? IF THEY'RE BOTH DEVELOPED, THEN NEITHER OF 'EM HAVE AN ACCESS TO THE ALLEY.
UH, THESE ARE ACCESS, THEY'RE JUST WALL FENCES ALL THE WAY DOWN.
I COULDN'T TELL, AND THIS, THIS MAY BE A QUESTION FOR THE APPLICANT.
I, I COULDN'T TELL HOW THE NEIGHBORING PROPERTY, WHEN WE DID OUR, OUR, UH, VIDEO DRIVE BY, I, I COULDN'T TELL HOW THE NEIGHBORING PROPERTY PARKED ITSELF.
DO YOU KNOW THERE, THERE WAS ONE DOWN THE ROAD THAT ACTUALLY HAS GARAGES THAT ARE, BUT THERE THERE WAS ONE THAT JUST SEEMED TO HAVE A WALKOUT.
UM, CERTAINLY THERE, THEY, THEY HAVE PARKING SOMEWHERE, BUT I COULDN'T FIGURE THAT.
ARE YOU SPEAKING OF THE PROPERTY NORTH, OR I GUESS IN THIS, IN THIS PERSPECTIVE, ABOVE THIS ONE, I BELIEVE, UM, AS WE, IT WAS BEFORE THE SUBJECT SITE IN OUR, IN, IN, IN OUR VI VIDEO TOUR, UH, ON THE SAME SIDE OF THE STREET, SAME SIDE OF THE STREET BEFORE.
SO THAT WOULD'VE BEEN, UM, I BELIEVE 25, 16 OR 14.
LET ME, LEMME SEE WHETHER THERE ARE PICTURES OF IT IN THE, THOSE MAY BE TWO, UM, TWO OR THREE STORY TOWN HOMES, I BELIEVE.
SO, SO THIS PROPERTY JUST SOUTHEAST OF YOU IS PART OF A MUCH BIGGER PROPERTY, HUH? YEAH, I BELIEVE THOSE ARE APARTMENT COMPLEX.
SO THAT, SO THOSE GUYS, WELL, THEY DON'T USE THE ALLEY, BUT, OKAY.
I, I PROVIDED SOME INFORMATION TO, UH, BOARD MEMBER SESSION AND I WANTED TO SHARE IT WITH THE REST OF THE COMMISSIONS
[01:00:01]
THAT, THAT, IN ANSWERING HIS QUESTION ABOUT, UM, OPERATIONS, ONCE THIS ALLEY GETS IMPROVED, UH, WE WOULD BE INSTALLING NO PARKING SIGNS SOUTH OF THE PROPERTY TO INCREASE THE SITE DISTANCE PARKING.THERE'S INDENTED PARKING ON GARRETT, AND THEN VEHICLES ARE PARKING BOTH ON THE INDENTED ART AREA AND THEN ALSO ON THE STREET.
UH, WE WOULD WANNA MAKE SURE THAT AS THIS ALLEY GETS EXTENDED, UM, WE WOULD WANT TO CLEAR VISIBILITY.
AND SO WE'LL BE INSTALLING AS PART OF THIS PROJECT, A NO PARKING SIGN ON THE SOUTH SIDE OF GARZO PLAN.
NORTH OF WHAT YOU'RE LOOKING HERE ON THE SCREEN, UM, WE, WE WANNA MAKE SURE THAT AS VEHICLES ARE COMING OUT, UH, THEY HAVE ADEQUATE SIDE DISTANCE COMING OUT OF THE, SO IT'S A NO PARKING SIGN THAT WOULD FACE, THAT WOULD BE SOUTHEAST OF THE SUBJECT PRO, UH, OF YES, SIR.
SOUTH, SOUTHEAST, OR PLAN NORTH OF WHAT WE'RE LOOKING AT THIS SIDE HERE.
SO ACROSS THE NORTH OF THE ALLEY.
SO AS YOU'RE EXITING THE ALLEY, YOU LOOK LEFT AND YOU DON'T SEE A CAR, BUT RATHER, UM, GARRETT APPROACHING TRAFFIC ON GARRETT.
GARRETT IS A TWO-WAY STREET, RIGHT? UH, YES SIR.
MR. MILTON, AND THIS IS GONNA BE A QUESTION FOR STAFF.
AT ANY POINT WHEN THESE ALLEYS BECOME IMPROVED, DO THEY EVER BECOME A SITUATION WHERE THEY'RE USED FOR SANITATION, PICK UP TRASH? YES.
I MEAN, WE WOULDN'T HAVE, UH, INFORMATION KNOWLEDGE TO THAT.
UH, YOU HAVE TO SPEAK WITH SANITATION AS TO ABOUT, AS TO HOW TO DETERMINE WHERE THEY'RE GONNA PICK UP TRASH LOCATIONS.
BUT THIS SITE DOESN'T REQUIRE A DUMPSTER PER SE, RIGHT? CORRECT.
SO THIS WOULD JUST BE PEOPLE WHEELING THEIR TRASH TO THE STREET BECAUSE AREN'T THESE MULTIFAMILY UNITS, UH, JUST HELPING MM-HMM.
IT'LL BE THREE, UM, THREE HOMES HERE.
UM, AND WHAT THE REST OF THE NEIGHBORHOOD'S DOING IS THEY'RE BRINGING OUT THEIR, THEIR TRASH CANS TO CARROTS.
AND THAT'S WHAT THE CODE ALLOWS.
AND THE CODE DOES NOT REQUIRE A DUMPSTER, I ASSUME, OR IT WOULD BE ON THIS SITE PLAN, THEY WOULD POSSIBLY, UM, REQUEST A DUMPSTER WAIVER TO WHERE THEY WOULD JUST HAVE TO PROVIDE US THE LOCATION OF WHERE THEY'RE GONNA LEAVE THE, UM, LIKE THE ROLL BINS AND THEN, UM, THE AGREEMENT WITH THE CITY THAT THEY'RE GONNA GET PICKED UP ON WHATEVER DAY.
SO WITHOUT THAT WAIVER, WITHOUT THAT WAIVER, THE SITE PLAN DOESN'T, WELL, IT'S, THEY'RE NOT GONNA PROVIDE A DUMPSTER LOCATION.
THEY'RE GONNA PROVIDE THE DUMPSTER WAIVER, WHICH THEY DON'T NEED TO SHOW IT ON THE CYCLING, BUT NOTHING WE DO SPEAKS TO THAT HERE, RIGHT? NO, YEAH, WE, WE, THEY EITHER HAVE TO DO IT OR GET A WAIVER.
NOT REALLY, BUT I, I UNDERSTAND WHERE YOU'RE GOING.
SO, SO THE ANSWER IS RIGHT NOW, WE DON'T KNOW.
MAYBE DOWN THE ROAD SOMEBODY WOULD USE IT, BUT NOBODY KNOWS.
MR. MILTON, ARE THERE OTHER QUESTIONS OF THE APPLICANT OR ANYONE ELSE FOR THAT MATTER? ARE THERE FURTHER, MR. SLATE? NO.
ARE THERE FURTHER SPEAKERS IN SUPPORT? NO OTHER SPEAKERS, SIR.
AND NONE IN OPPOSITION? NO OPPOSITION.
UH, THANK YOU, UH, FOR RUNNING UP HERE.
UM, YOU'RE WELCOME TO SAY ANYTHING ENCLOSED, BUT I NOT NECESSARY.
I APPRECIATE THE OPPORTUNITY, UH, TO BE HERE.
UH, DO I HAVE A MOTION, MR. SLATE? MR. HA, I HAVE A MOTION.
I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BD 2 23 DASH 1 0 8 ON APPLICATION OF PEDRO MONTOYA.
GRANT, THE 10 FOOT VARIANCE TO THE OFF STREET PARKING REGULATIONS REQUESTED BY THIS APPLICANT.
'CAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LIBERAL ENFORCEMENT PROVISIONS OF DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE FOLLOWING CONDITION TO BE IMPOSED TO FURTHER THE PURPOSE INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE.
ALL SUBMITTED PLANS ARE REQUIRED THERE.
I SECOND MS. P*****K SECONDS DISCUSSION, VICE CHAIR AGNIS.
UM, I FELT LIKE GIVEN THAT THE CITY'S RECOMMENDATION IS APPROVAL HERE, UH, GIVEN ALL THE
[01:05:01]
CONSIDERATIONS AND THE EXISTING DEVELOPMENT SURROUNDING IT, AND THE FACT THAT THE ONLY NON-COMPLIANT AREA IS THAT FIRST SPOT OFF, GARRETT, AS WE CAN SEE UP ON THE SCREEN PRESENTLY, UM, I WASN'T WORRIED ABOUT SOMEONE PARKING IN A WAY THAT WOULD BLOCK THAT ALLEYWAY OTHERWISE, OR ELSE THEIR NEIGHBORS ARE GONNA COME AFTER THEM.AND SO I FELT LIKE THERE WOULD BE A SUFFICIENT, UM, COMPLIANCE WITH THAT.
AND SO GIVEN THAT IN THE OTHER EVALUATION, I FELT LIKE THIS IS, UH, ONE TO APPROVE.
WELL, IN ADDITION TO BELIEVING IN FRONTIER JUSTICE, MR. SUEDE, I, I, UM, I'M PERSUADED BY MR. NAVAREZ TESTIMONY, UH, UH, IF HE, IF HE SAYS IT'S IT'S SAFE, UH, IT'S GOOD TO HAVE, UM, EXPERTS, HOLD ON, I'LL VOTE FRONTIER JUSTICE OR NOT.
ANY OTHER COMMENTS OR SHALL WE VOTE? MS. WILLIAMS? MR. MILLIKEN? AYE.
OKAY, SO WE'LL GONNA TAKE A RECESS UNTIL TWO 20.
WE'LL COME BACK AND, AND HEAR OUR BUILDING OFFICIAL APPEAL AND, UH, THEN BE DONE FOR THE DAY, FOR THE YEAR.
SO WE WILL RECONVENE AT TWO 20.
UH, PANEL C OF THE BOARD OF ADJUSTMENT IS RECONVENED AT 2 24 AND 30 SECONDS.
UH, THE FINAL CASE IS AN APPEAL OF THE BUILDING OFFICIAL.
UH, THE CASE NUMBER IS BDA 2 2 3 DASH 0 5 9 1 5 MONTE VISTA DRIVE APPLICATION OF NIKKI KEANI TO APPEAL THE DECISION OF THE ADMINISTRATIVE OFFICIAL IN THE DENIAL OF A CD WORK CERTIFICATE.
I NEED TO READ THIS INTO THE RECORD.
UH, THIS IS MEANT TO GIVE THE HEARING STRUCTURE.
IF IT NEEDS TO BE HYPER FORMAL, WE'LL DO IT THAT WAY, BUT, UH, THIS IS HOW WE WILL OPERATE IN THIS, IN THIS CASE.
UH, THE APPLICANT'S CASE WILL LAST FOR 20 MINUTES.
THE APPLICANT MAY GIVE AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, IF THE APPLICANT CALLS A WITNESS, THE ADMINISTRATIVE OFFICIAL IS ALLOWED TO CROSS EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES.
THAT DOES NOT AGA DOES NOT COUNT AGAINST THE ADMINISTRATIVE OFFICIALS TIME LIMIT.
SUBSEQUENTLY, THE APPLICANT MAY CONDUCT A REDIRECT OF THEIR WITNESS FOR UP TO FIVE MINUTES.
THAT DOESN'T COUNT AGAINST THEIR ORIGINAL 20 MINUTE TIME LIMIT.
THE APPLICANT MAY SUBMIT DOCUMENTS TO THE BOARD'S SECRETARY SO LONG AS THEY, THEY COMPLY WITH THE DOCUMENTARY EVIDENCE.
RULES SET FORTH IN THE BOARD'S RULES OF PROCEDURES.
THE BOARD MAY ASK QUESTIONS AT ANY TIME.
BOARD MEMBER QUESTIONS WILL NOT COUNT TOWARDS THE 20 MINUTE TIME LIMITATION.
THIS, UH, YOU CAN MAKE YOUR OWN DECISIONS.
I I WOULD IDEALLY WE WOULD, UH, LET THE APPLICANTS WITNESS SPEAK CROSS-EXAMINATION, AND AT THE END, WE'LL, WE'LL ASK.
BUT IF, IF YOU'RE, UM, YOU NEED CLARIFICATION OR YOU WANNA ASK A QUESTION, NOBODY WILL STOP YOU.
UM, UH, THE ADMINISTRATIVE OFFICIALS CASE WILL LAST FOR 20 MINUTES.
THE ADMINISTRATIVE OFFICIAL MAY GIVE AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, IF THE ADMINISTRATIVE OFFICIAL CALLS A WITNESS, THE APPLICANT IS ALLOWED TO CROSS-EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES, WHICH DOESN'T COUNT AGAINST THE TIME LIMIT.
SUBSEQUENTLY, THE ADMINISTRATIVE OFFICIAL MAY CONDUCT A REDIRECT OF THEIR WITNESS FOR UP TO FIVE MINUTES.
THAT DOESN'T COUNT AGAINST THEIR TIME LIMIT.
THE ADMINISTRATIVE OFFICIAL MAY SUBMIT DOCUMENTS TO THE BOARD'S SECRETARY SO LONG AS THEY COMPLY WITH THE DOCUMENTARY EVIDENCE.
RULES SET FORTH IN THE BOARD'S RULES OF PROCEDURE, THE BOARD MAY ASK QUESTIONS AT ANY TIME.
BOARD MEMBER QUESTIONS DO NOT COUNT TOWARDS THE TIME LIMITATION.
THE APPLICANT WILL BE ALLOWED A THREE MINUTE REBUTTAL.
ADDITIONALLY, THE APPLICANT WILL BE ALLOWED A THREE MINUTE CLOSING STATEMENT.
LASTLY, THE ADMINISTRATIVE OFFICIAL WILL BE ALLOWED TO MAKE A THREE MINUTE CLOSING STATEMENT.
A MOTION IS REQUIRED TO EITHER AFFIRM OR REVERSE THE DECISION OF THE ADMINISTRATIVE OFFICIAL.
FOLLOWING THE MOTION IS THE TIME FOR OPEN DISCUSSION OF THE CASE BY BOARD MEMBERS.
WITH THAT SAID, WOULD YOU, MS. WILLIAMS, WOULD YOU PLEASE SWEAR IN ANYONE WHO'S
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HERE TO SPEAK ON EITHER SIDE? YOU DON'T.DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
YOU HAVE 20 MINUTES TO USE OR NOT USE TO DO WHAT YOU PLEASE.
UM, JUST FROM A TIMELINE, UH, BASIS.
YOU SAID THAT YOU DID, UM, YOU INITIALLY DID FOUNDATION REPAIR AND THEN YOU DID PAINTING.
IS THAT, IS THAT WHAT YOU'RE SAYING? SO WHAT WAS THE, THE TIME BETWEEN YOU STARTED FOUNDATION REPAIR, YOU DISCOVERED THAT THERE WERE, THERE WAS SIGNIFICANT, UM, UM, DAMAGES, UH, THAT NEEDED TO BE FIXED.
AND THEN THE PAINTING, WHAT WHAT'S THE TIMELINE ON THAT? OH, OKAY.
SO THERE ARE MORE THAN FIVE HOUSES IN THE SAME STREET THAT ARE PAINTED.
WHEN WE WERE GOING TO CHOOSE WHAT COLOR TO PAINT THE HOUSE, WE PICK THE EXACT SAME COLOR AS THE HOUSE ACROSS THE STREET FROM US.
SO THAT WAS ANOTHER ONE OF THE REASONS THAT I THOUGHT, OKAY, THERE SHOULD NOT BE ANY REASON WHY WE WOULDN'T DO IT.
UM, NOW WHEN I WAS TOLD THAT I NEED TO REMOVE THE PAINT, I DID TRY TO REMOVE IT.
THEY OFFERED, THEY, THEY INTRODUCED A FEW CHEMICALS.
THIS PAINT IS ACRYLIC BASED, SO IT STARTS IS WATER BASED.
THE CHEMICALS DON'T WORK ON IT.
THE ONLY WAY TO REMOVE THIS PAINT IS TO USE WATER PRESSURE MORE THAN A CERTAIN AMOUNT.
AND THAT WILL DAMAGE THE MORTAR, THE OLDER MORTAR AND THE BRICK.
I EVEN HAVE A LETTER FROM A CONTRACTOR.
AND SUBMITTED LATER STATING THAT THEY WON'T DO IT.
THEY REFUSE TO DO IT BECAUSE IT'LL DAMAGE THE BRICK AND THEY DON'T WANNA BE RESPONSIBLE EITHER THAT OR SAND GLASS.
THEY WOULD BOTH DAMAGE THE BRICK AND MORTAR.
AND THE OTHER REASON WHY WE PICKED THAT COLOR IS BECAUSE A SEPARATE TOOLING FROM THE HOUSE, WHICH IS THE GARAGE, IS ALREADY, WAS ALREADY WHITE.
THERE WAS ALSO A PART OF THE BACK OF THE HOUSE THAT WAS WHITE.
SO THIS HOUSE WAS PARTIALLY RED BRICK, THE GARAGE WAS WHITE.
I BELIEVE IT LOOKS BETTER THE WAY IT IS TODAY.
I'M GONNA BREAK THE, MY OWN RULE.
I JUST, UH, WE, UM, UH, ARE SPECIFICALLY NOT ALLOWED TO GO DO OUR
[01:15:01]
OWN RESEARCH.SO WE, WE DON'T KNOW THE HISTORY OF WHAT HAPPENED.
I HAVE NOT EVEN READ THE, THE TEXT OF THE CODE THAT IS AT ISSUE.
SO IF YOU DON'T MIND STARTING FROM ME, I DON'T KNOW.
I DON'T KNOW WHAT, WHAT TEXT YOU, YOU, YOU MAY OR MAY NOT BE IN VIOLATION OF.
I THINK MAYBE YOU ASSUME WE KNOW MORE THAN WE DO.
SO IN, IN THE HOLLYWOOD SANTA MONICA NEIGHBORHOOD, THERE ARE HOUSES THAT ARE BUILT IN 1920 TO 1930S.
AND THERE THEY'RE TWO DOOR HOMES THAT THEY H THEY HAVE THE GOLD BRICK.
THESE SPECIFIC HOUSES ARE NOT TO BE PAINTED OR REPAIRED UNDER ANY CIRCUMSTANCES.
THE HOUSE THAT WE OWN IS NOT A TWO DOOR HOME.
IT'S A REGULAR, TRADITIONAL BREAK HOME.
THE RESTRICTION, IT THE, SO THE REGULATIONS ARE TO THE POINT THAT IF ANYONE WANTS TO BUILD A NEW HOME, IT HAS TO BE TWO DOOR STYLE.
THEY CANNOT BUILD IT IN ANY OTHER STYLE.
NOW, THERE IS A WEBSITE FOR HOLLYWOOD SANTA MONICA NEIGHBORHOOD THAT STATES ANY REPAIR OR BUILDING HAS TO BE CONFIRMED WITH THEM BEFORE DONE.
THIS IS NOT, THIS IS LIKE A, IT LOOKS LIKE IT, IT'S, IT DOESN'T LOOK LIKE AN OFFICIAL WEBSITE.
IT'S MORE LIKE A NEIGHBORHOOD WEBSITE.
AND IT'S THERE THAT IT SAYS THERE'S A LIST THAT STATES PAINTING, FENCE CHANGING WINDOWS CHANGING GLASS THAT IS PAINTED.
THESE THINGS ARE RESTRICTED, BUT THAT IS NOT THE CITY THAT WHAT I FOUND WAS NOT THE CITY IS THE NEIGHBORHOOD WEBSITE.
SO WE'RE, WE'RE HERE TO DEAL WITH WHAT THE, WHAT WHAT THE CONSERVATION DISTRICT SAYS.
I, I DON'T, UNLESS SOMEONE MAKES AN ARGUMENT TO US THAT, THAT THE PRIVATE HOA AND THE HOA IS NOT MANDATORY.
I JUST WANT, SO, SO THE, THE WEBSITE YOU'RE TALKING ABOUT IS PUT UP BY SOMEONE WHO'S NOT THE CITY OF DALLAS? YEAH.
I COULDN'T FIND ANYTHING WITHIN THE CITY OF DALLAS REGULATIONS.
I, I DON'T HAVE AN EXCUSE OR ARGUE ON, UM, THEY ARE WRONG ABOUT THEIR DECISION.
BUT AT THE SAME TIME, I WAS NOT AWARE OF THE RESTRICTION.
AND I STILL BELIEVE BECAUSE THERE ARE MORE THAN THREE, FOUR HOUSES IN THE SAME STREET THAT ARE PAINTED AND THE HOUSE LOOKS BETTER THE WAY IT IS TODAY THAN IT WAS BEFORE WE PAINTED.
AT LEAST IT'S ONE COLOR, NOT PARTLY RED.
AND ALSO THE FACT THAT REMOVING THE PAINT ONE IS NOT EASY TO, IS NOT AFFORDABLE, AND THREE IS NOT SAFE TO THE BUILDING.
I'M ASKING TO PLEASE ALLOW THE PAINT TO STAY ON THE HOUSE.
MS. KEANI, UM, IF YOU DON'T MIND, COULD YOU TELL ME WHAT'S THE PUR, WHAT IS, WHAT IS YOUR INTENTIONS FOR THIS PROPERTY? WHAT ARE YOUR INTENTIONS FOR THIS PROPERTY? IT'S, IS THIS FOR, IS THIS FOR SELLING? IS THIS FOR LIVING? NO, WE ARE LIVING IN IT.
AND THAT'S BEEN THE INTENT? YES.
SO WHEN YOU, WHAT, WHAT WAS THE DATE THAT YOU, UM, PURCHASED THIS PROPERTY? I DIDN'T PURCHASE THIS PROPERTY.
THIS PROPERTY BELONG TO MY FIANCE.
HE'S A DISABLED VETERAN WHO PURCHASED THIS HOUSE OVER 15 YEARS AGO.
HE WAS NOT AWARE OF ANY RESTRICTIONS BECAUSE ALL THE NEIGHBORS WHO HE IS, BEEN AFFILIATED WITH, AT LEAST THREE OF THEM, WHO HE, HE, HE USED TO TALK TO OR HE KNEW HAD PAINTED HOUSES.
AND, UH, HE, SO, UM, SO KRISTY, GO AHEAD.
SO IN OUR RELATIONSHIP, WE GOT TO A POINT THAT WE DECIDED TO REPAIR THE TILE IN ONE OF THE BATHROOMS. WE TRIED TO REMOVE THE TILE AND THE, THE CROWBAR WENT ALL THE WAY DOWN.
AND THEN WE STARTED THINKING, OKAY, THIS HOUSE NEEDS MORE THAN JUST A TILE CHANGE.
SO WE ENDED UP HAVING TO, UH, REPAIR THE BATHROOM,
[01:20:01]
PLUMBING, CHANGE THE TILE IN THE BATHROOMS, UM, MAKE IT LIVABLE BECAUSE AS I SAID, I HAVE, UM, A CHILD WHO HAS CANCER, AND THERE WAS MOLD IN THE BATHROOM.THAT WAS, THAT WAS THAT, THAT'S HOW IT ALL STARTED.
THERE WAS, WE FOUND MOLD IN THE BATHROOM, AND I KEEP KEPT CLEANING, AND NEXT DAY WOULD BE BACK.
IT TURNED OUT THAT IT'S GROWING BEHIND THE WALLS, BECAUSE IN THE PAST 15 YEARS, THERE WAS WATER GOING UNDER AND BEHIND THE WALLS.
SO IT'S YOUR TESTIMONY THAT YOU STARTED OUT TO MAKE A, MAKE A BETTER, SIMPLE SITUATION BETTER.
AND YOU DISCOVERED MORE AND MORE AND MORE ISSUES WITH THE PROPERTY.
AND, AND, AND THEN AS YOU PROCEEDED, YOU WANTED TO DO SOME EXTERIOR IMPROVEMENT TO THE, TO THE PROPERTY? NO, THE, WE, WE DIDN'T WANT TO DO ANY IMPROVEMENT TO THE EXTERIOR OF THE PROPERTY UNTIL WE LEARNED THAT WE HAVE TO FIX THE FOUNDATION.
OTHERWISE, THE SETTLEMENT IS GONNA MAKE THE TILE MOVE AND WE WILL HAVE THE, UH, THE MOLD ISSUE AGAIN BECAUSE WATER WOULD, WOULD GET BEHIND THEM AGAIN.
SO WHEN WE FIXED THE FOUNDATION, IT WAS TERRIBLE.
ALL AROUND THE WINDOWS WE HAD OPENINGS.
AND THEN, TO BE HONEST, I HAD INTENTION TO CHANGE THE WINDOWS, BUT I DON'T HAVE THE MONEY.
CAN YOU TELL ME, UM, HOW LONG DID IT TAKE TO PAINT THE HOUSE? DO YOU KNOW? MAYBE TWO WEEKS.
WE DIDN'T HIRE A PROFESSIONAL CONTRACTOR, SO, AND DID, DID ANY NEIGHBORS OBJECT DURING THAT PERIOD OF TIME? NO.
ACTUALLY, OUR NEXT DOOR NEIGHBOR'S HOUSE IS PAINTED THE ONE ACROSS THE STREET.
HIS HOUSE IS PAINTED, AND I THINK THREE, FOUR DOORS DOWN FROM US IS ALSO PAINTED.
BUT CAN I TRY TO WALK THROUGH SOMETHING? OH, OKAY.
HERE, YOU'VE, I DON'T WANNA PUT WORDS IN YOUR MOUTH, BUT I THINK I'M, I'M HEARING YOU SAY THAT, THAT IN YOUR NEIGHBORHOOD, THERE ARE OTHER HOUSES PAINTED IN THE SAME WAY THAT YOU'VE PAINTED YOURS.
LIKE YOU, YOU HAVE THROWN PAINT ON A HOUSE.
EVEN THE FOUNDATION IS, WHICH IS SUPPOSED TO, I I THOUGHT IT HAS TO BE NOT PAINTED.
SOME OF THEM, EVEN THE FOUNDATION PART IS PAINTED.
ARE THE RESTRICTIONS NEW ON THAT WEBSITE? I DON'T KNOW HOW OLD IT IS.
UH, I DON'T KNOW WHAT THE, WITHOUT SEEING IT.
YOU MENTIONED NEW RESTRICTIONS.
I DON'T KNOW IF THERE'RE NEW OR OLD, BUT ON THAT WEBSITE, AFTER I WAS, I, AFTER I GOT THE, THE LETTER FROM THE CITY, I START LOOKING AND I FOUND THAT WEBSITE THAT SAYS IT'S RESTRICTED AGAIN, IT DOESN'T SAY IT'S PROHIBITED.
IS IT YOUR UNDERSTANDING OF THE RULES THAT THEY, THEY ARE TRIGGERED ONLY FOR NEW CONSTRUCTION? YOU, YOU SAID SOMETHING TO THE EFFECT OF, SO, UM, AGAIN, THAT, UM, I KNOW THAT BECAUSE, UH, I SEE HOUSES, NEW HOUSES BEING BUILT, AND THEY'RE ALL BEING BUILT IN TWO DOOR STYLE.
AND I'VE TALKED TO A FEW NEIGHBORS WHO JUST HAD NEW HOUSES AND THEY SAID, YEAH, THIS IS THE ONLY, THIS, THIS IS WHAT WE HAD TO DO, BECAUSE THIS IS THE ONLY STYLE THAT THE CITY WOULD APPROVE FOR THIS NEIGHBORHOOD.
BUT THAT DOESN'T HAVE ANYTHING TO DO WITH PAINTING THE HOUSE, RIGHT? NO.
DID, DID YOU ADD ANYTHING TO THE EXTERIOR? HOW DID YOU NOTHING RENOVATE THE HOUSE.
I MEAN, NO, WE DIDN'T EVEN LITERALLY RENOVATE THE HOUSE.
WE JUST MADE IT LIVABLE INSIDE BECAUSE WE HAD TO TAKE CARE OF THE MOLD IN THE BATHROOMS. SO NOTHING ELSE IS CHANGED.
UM, SO WHAT RULE DO YOU THINK YOU VIOLATED AND WHERE IS IT? IS IT IN A CD? UH, DO YOU, DO YOU, SO THEY TOLD ME THAT IT'S, IT'S PROHIBITED.
UM, AND PAINTING THE HOUSE IS NOT A LOAD UNLESS THERE IS NO OTHER WAY TO REPAIR THE CRACKS OR THE BRICKS OR THE MORTAR.
THAT AND, AND WHO, WHO TOLD YOU THAT? UM, THE CITY OFFICIAL.
DID THEY REFERENCE A CODE OR A, A DOCUMENT? I'M PRETTY SURE THEY DID.
I CAN, I CAN LOOK FOR IT AND SEND IT, BUT I THOUGHT THEY WOULD BE HERE.
UM, I, I DON'T, I DON'T HAVE THAT
[01:25:01]
DOCUMENT WITH ME HERE.I THINK THE, THE DENIAL IN THE DENIAL LETTER, IT'S SUBMITTED.
DO YOU HAVE PICTURES OF, OF THE, UH, OF SOME OF THE NEIGHBORING PROPERTIES THAT ARE PAINTED IN ORDER TO SUBMIT THEM, THEY NEED TO CONFORM TO OUR RULES OF EVIDENCE.
WELL, DO, DO YOU HAVE THEM? DO YOU HAVE PICTURE? UH, I CAN, I CAN, I CAN PROVIDE THEM.
I MIGHT NEED SOME TIME, BUT I CAN EVEN IF I HAVE TO DRIVE THERE AND TAKE PICTURES AND ASK FOR A SECOND.
I DON'T KNOW IF IT'S POSSIBLE TO HAVE A SECOND DATE, BUT THIS, THIS IS THE HEARING.
I DON'T HAVE ANY WITH ME NOW, BUT THERE ARE, I MEAN, I, I CAN'T ASK IT, BUT THEY'RE AVAILABLE ON GOOGLE MAPS.
WELL, WE'RE NOT ALLOWED TO DO THAT.
I YOU, YOU HAVE TIME? WE WILL.
I MEAN, AS I SAID, I'M NOT HERE TO EXCUSE TO SAY, UH, IT WAS OKAY TO DO IT, BUT AT THIS POINT WE, WE HAVE DONE IT.
AND REVERSING IT IS GONNA MAKE THAT HOUSE LOOK WAY.
YOU'RE GONNA HAVE TIME AT THE END, UH, TO SPEAK.
ARE THERE OTHER QUESTIONS FOR, FOR THE APPLICANT HERE, MR. MILLER? NO, THERE'S, UH, TWO LETTERS.
I AM, UH, MAKING THE ASSUMPTION THAT, THAT YOU DON'T HAVE A WITNESS THAT YOU WANT TO CALL.
I'VE NEVER HAD TO DO THIS, SO I WAS LIKE, NO, THIS IS INTENTIONALLY NOT A LEGAL PROCEEDING.
OTHERWISE, UH, WE'D ALL BE IN TROUBLE.
I THINK MAYBE, MAYBE THE CITY CAN, CAN SHED SOME LIGHT AS TO WHAT, WHAT, WHAT HAPPENED? HOW DID YOU COME TO THIS CONCLUSION? YOU, YOU ALSO DO NOT NEED TO STAND, I MEAN, I'M SORRY.
NO, I HAVE A REQUEST FROM STAFF.
UH, AS FAR AS SEEING OTHER HOUSES THAT ARE PAINTED, I BELIEVE IN THAT VIDEO, SOME OF THOSE WERE SHOWN, I DUNNO, I RECALL THE ONE ACROSS THE STREET SPECIFICALLY.
'CAUSE IT WAS DIRECTLY ACROSS THE STREET, AND THEN IT LOOKED LIKE THERE WERE TWO OR THREE OTHERS THAT WERE SHOWN IN THAT VIDEO AND THEN LOOKED.
UM, I ALSO ASKED WHEN, WHEN IT ALL STARTED, ASKED, UM, THE LADY WHO FIRST SENT US THE LETTER, AND I CALLED, I WAS ASKED TO CALL HER, AND I ASKED HER, THIS IS, THIS WAS THE SIMPLE QUESTION.
I WAS LIKE, BUT THERE ARE SO MANY OTHER HOUSES PAINTED IN THIS STREET.
AND SHE SAID, THEY'RE EITHER IN THE SAME BOAT AS YOU, OR THEY HAVE GRANDFATHERED IN.
THAT'S, THIS IS WHAT I ALSO HEARD.
I'M THE CHIEF PLANNER FOR CONSERVATION DISTRICTS, AND I'LL BE REPRESENTING THE CITY'S CASE, UH, IN THIS MATTER.
NORMALLY AN APPEAL WOULD BE, UH, HANDLED BY THE CITY ATTORNEY'S OFFICE, BUT THEY, SORRY, MR. MR. SASHING? UM, SORRY.
I JUST WANTED TO MAKE SURE THAT, UM, MR. BROWN BROWN HAS BEEN SWORN IN PROPERLY.
UH, AND SO THE CITY ATTORNEY'S OFFICE HAS, UH, FOUND THAT IN THESE TYPES OF MATTERS, SINCE WE ARE THE SUBJECT MATTER EXPERTS, THAT THE CASE WOULD BE BETTER REPRESENTED, UH, BY OUR OFFICE.
UM, SO THIS PROPERTY, NINE 15 MONTE VISTA IS LOCATED IN CD NUMBER SIX, HOLLYWOOD SANTA MONICA CONSERVATION DISTRICT.
IT'S ACTUALLY LOCATED IN TRACK ONE.
[01:30:01]
IS A RANCH STYLE AND IS CONSIDERED NON-CONTRIBUTING IN THE ORDINANCE.UH, JUST FOR A LITTLE BIT OF HISTORY, THE, UH, ORDINANCE FOR CD SIX BEGAN COMING TOGETHER IN 1989, BUT WAS ACTUALLY CODIFIED IN 1993.
SO HERE WE ARE 30 YEARS INTO, UH, CONSERVATION DISTRICT NUMBER SIX REGULATIONS.
THIS PROPERTY WAS, HAS BEEN OWNED BY MICHAEL MANTA, UH, AS THE, UH, APPLICANT SAID SINCE 2008.
SO THAT'S HALF THE TIME THAT THE CONSERVATION DISTRICT HAS BEEN IN PLACE.
UH, THIS PROPERTY, UH, HAS BEEN OWNED BY SOMEONE WHO, WHILE THEY MAY NOT HAVE UNDERSTOOD THAT THEY WERE IN A CONSERVATION DISTRICT, CERTAINLY SHOULD HAVE, UH, BEEN EXPOSED TO, UH, THAT FACT AT SOME POINT IN 15 YEARS.
IN REGARDS TO THIS CASE, UH, IN JULY, A COMPLAINT WAS RECEIVED THROUGH THE 3 1 1 SYSTEM FOR PAINTING OF PREVIOUSLY UNPAINTED BRICK.
UH, OUR DEDICATED CONSERVATION DISTRICT, UH, INSPECTOR DID GO OUT AND CONFIRM THE VIOLATION, AND A NOTICE OF VIOLATION WAS ISSUED.
UH, SHORTLY THEREAFTER, THE APPLICANT SUBMITTED AN APPLICATION FOR QUOTE, PAINTING THE RED BRICKS OUTSIDE OF THE PROPERTY TO A LIGHTER COLOR, EXACTLY PPG 1 0 0 2 ARCTIC COTTON.
THAT APPLICATION WAS ULTIMATELY DENIED BY MY OFFICE, UH, A LITTLE OVER A YEAR LATER IN SEPTEMBER OF THIS YEAR.
THIS IS A GOOGLE STREET VIEW IMAGE SHOWING THE PROPERTY IN MAY, 2002, UNPAINTED.
UM, MR. SASHING, MR. BROWN, UH, JUST TO, JUST TO BE SURE, YOU SAID AN APPLICATION CAME INTO YOUR OFFICE ON WHAT DATE? JULY 16TH, 2022.
AND THEN THAT APPLICATION WAS ULTIMATELY DENIED ON WHAT DATE? SEPTEMBER 13TH, 2023.
IS THAT A TYPICAL AMOUNT OF TIME FOR AN APPLICATION TO BE IN PROCESS? SO WE ARE UNDER, UH, WE ARE AT THE MERCY OF THE APPLICANT, RIGHT? WE ARE ONLY ONE HALF OF THAT EQUATION.
SO ONCE THEY SUBMIT, WE PROVIDE COMMENTS.
THOSE COMMENTS CAME BACK WITHIN A COUPLE OF WEEKS, UH, AT MOST.
AND THEN WE DID NOT RECEIVE THE RESUBMITTAL FOR ALMOST A YEAR.
SO IN THAT TIME, OUR INSPECTOR WOULD BE IN, UH, REGULAR CONTACT TRYING TO GET THE APPLICANT TO, UH, SUBMIT WHAT WAS NEEDED AND TO COME INTO COMPLIANCE WITH THE ORDINANCE.
SO A REQUEST CAME IN, IT WAS DENIED WITH COMMENT, COMMENTS WERE PROVIDED.
A, A REQUEST CAME IN, UM, COMMENTS WERE, WERE SENT BACK TO THE APPLICANT.
THERE WAS A TIME PERIOD, UH, THAT THE APPLICANT TOOK IN ORDER TO GET THOSE COMMENTS BACK TO YOU.
AND ANY ISSUES CLARIFIED, I GUESS, OR WHATEVER.
AND, AND AFTER THAT PERIOD OF TIME, CAN YOU SPEAK TO THAT PERIOD OF TIME BETWEEN THE, THE RESPONSES FROM THE APPLICANT COMING BACK TO THE TIME THAT THE APPLICATION WAS ULTIMATELY DENIED IN SEPTEMBER OF 2023? I'M JUST TRYING TO, JUST TRYING TO ESTABLISH A SURE.
SO THAT THAT WOULD'VE BEEN HANDLED BY OUR SENIOR PLANNER, MELISSA PARENT THERE.
I DO KNOW THERE WAS SOME CORRESPONDENCE GOING BACK AND FORTH.
UM, MY UNDERSTANDING OF THE SITUATION WAS THAT WOULD NORMALLY BE IN RESPONSE TO OUR INSPECTOR, UH, REACHING OUT FOR NO NEW, UH, MATERIALS BEING SUBMITTED FOR REVIEW.
UM, YOU KNOW, MOST OF THAT CORRESPONDENCE FROM WHAT I SAW, HAD TO DO WITH YOU ARE NOT IN COMPLIANCE RELATED TO THE PAINTING OF UNPAINTED BRICK.
SOME INFORMATION REGARDING THE, UM, POSSIBLE WAYS OF REMOVING THAT PAINT.
AT ONE TIME, THE APPLICANT WAS INTERESTED IN SUBMITTING SOME ADDITIONAL MATERIALS RELATED TO ROOF AND WINDOWS THAT WAS ULTIMATELY WITHDRAWN FROM THIS, UH, CONSIDERATION.
SO THERE WAS, UH, FAIRLY REGULAR CONTACT.
SO AGAIN, HERE'S THE SUBJECT PROPERTY IN MAY OF 2022.
THIS IS A GOOGLE STREET VIEW IMAGE, UH, OF THE 1956 RANCH STYLE HOUSE.
VERY TYPICAL OF WHAT WE WOULD EXPECT TO SEE IN TERMS OF A BRICK VEERED STRUCTURE.
UH, CERTAINLY WHEN WE TALK ABOUT MASONRY BUILDINGS AND THEIR APPEARANCE, THINGS SUCH AS THE, UH, RELIEF, UH, IN THE COLOR BETWEEN BRICK AND MORTAR IS CERTAINLY A, A CHARACTER DEFINING ELEMENT THERE.
UM, AS WELL AS SORT OF SHOWCASING THOSE AS INDIVIDUAL MASONRY UNITS, UH, VERSUS WHENEVER YOU PAINT A BUILDING SORT OF THAT MONOLITHIC, MONOTONE FLAT, UH, COLOR, IT, IT ESSENTIALLY MAKES THE, THE BUILDING SORT OF ONE DIMENSIONAL.
WHERE HERE, UH, WE DO HAVE THAT TYPICAL, THIS IS WHAT WE EXPECT TO SEE WHEN WE SEE A, A BRICK BUILDING, UH,
[01:35:01]
NOT ONLY IN THIS DISTRICT, BUT ANYWHERE.THIS IS THE ACTUAL, UH, APPLICATION THAT WAS SUBMITTED.
UM, AGAIN, NOTING THAT THE, THE REQUEST FOR, FOR PAINTED OUTSIDE BRICK, THE GARAGE BUILDING WAS ALREADY PAINTED WHITE.
WE PAINTED THE REST OF THE HOUSE THE EXACT SAME COLOR.
THESE ARE SCREEN GRABS OF THE MATERIALS THAT WERE PROVIDED WITH THAT APPLICATION.
A PHOTO OF THE FRONT OF THE HOUSE, A PHOTO OF THE GARAGE, AS WELL AS THE BEAR MASONRY STUCCO, AND BRICK PAINT.
THIS IS WHERE WE DIVE INTO THE ACTUAL ORDINANCE LANGUAGE, UH, RELATED TO THIS CASE.
SO, UH, SECTION, SECTION SEVEN OF THE ORDINANCE IS ARCHITECTURAL PROVISIONS.
UH, YOU NOTE THE UNDERLYING SECTION THAT SAYS, THESE REGULATIONS APPLY TO ALL STRUCTURES IN THE DISTRICT LOCATED ON A LOT.
WHEN WE TALK ABOUT THOSE ARCHITECTURAL REGULATIONS, THEY APPLY TO THE FRONT 50% OR THE FRONT 25 FEET OF THE BUILDING, WHICHEVER IS LESS, OR ANY STREET FACADE ON A STRUCTURE.
BELOW THAT, WE'VE GOT THE LANGUAGE FOR NON-CONTRIBUTING.
IF YOU REMEMBER, THIS BUILDING IS, UM, CONSIDERED NON-CONTRIBUTING BY THE ORDINANCE, MEANING THAT IT IS NOT ONE OF THE FIVE STYLES THAT WERE IDENTIFIED IN 1989 AS BEING THE MOST DOMINANT, UH, ARCHITECTURAL STYLES IN THE DISTRICT CONSERVATION.
SO THE DEFINITION OF NON-CONTRIBUTING IS, WELL, NON-CONTRIBUTING IS GOING TO BE A TYPE OF BUILDING WITHIN THE ORDINANCE.
SO THERE ARE FIVE, UH, BUILDING TYPES THAT ARE CONSIDERED CONTRIBUTING.
THEY ARE OUTLINED, UH, WITHIN THE BODY OF THE ORDINANCE.
LET'S SEE IF WE HAVE, BUT THIS IS NOT ONE OF THEM, ESSENTIALLY.
UH, AND THE DEFINITION FOR NON-CONTRIBUTING STRUCTURE MEANS ANY STRUCTURE THAT IS NOT A CONTRIBUTING STRUCTURE OR A SIGNIFICANT STRUCTURE.
SO IF IT IS NOT CONTRIBUTING, WHAT IS THE, WHY IS THAT IMPORTANT? UH, ARE THERE DIFFERENT RULES FOR CONTRIBUTING STRUCTURES AND, AND FOR NON-CONTRIBUTING STRUCTURES IN DIFFERENT AREAS? THAT COULD BE TRUE.
UH, SO IF YOU SEE THE UNDERLYING PORTION OF THE SCREEN, THE REGULATIONS FOR ARCHITECTURAL, UH, STYLES APPLY TO ALL STRUCTURES IN THE DISTRICT LOCATED ON A LOT.
SO DEPENDING ON THE, UH, PROPOSED SCOPE OF WORK, IF THE, UM, UH, REQUEST IS COVERED BY THE ORDINANCE, IT WOULD IN FACT APPLY TO ALL BUILDINGS WITHIN THE DISTRICT.
SO IN THIS CASE, IT'S QUALIFIED BY, UH, IF IT'S ON THE FRONT 50% OR 25 FEET OF A STRUCTURE, IT'S THE LESSER OF, UH, I, I, I'M, OKAY.
SO EXISTING NON-CONTRIBUTING MAIN STRUCTURES MAY BE REMODELED OR ALTERED ONLY IF WORK COMPLIES EITHER WITH THE ARCHITECTURAL STYLE REQUIREMENTS LISTED IN EXHIBIT A OR WITH THE STRUCTURES EXISTING ARCHITECTURAL STACK.
ANY EXISTING NON-CON CONTINUAL STRUCTURE IS DAMAGED OR DESTROYED BY ACCIDENT OR ACT OF GOD MAY BE REBUILT IN ACCORDANCE WITH THE PROVISIONS OR NON-CONFORMING STRUCTURES CONTAINED IN THE, THAT, THAT, THAT, THAT DIDN'T HAPPEN.
SO, S WHAT ARE THE ARCHITECTURAL S WELL, LET ME, SO I, I'M ABOUT TO, UH, GET TO THAT AND THIS NEXT, UH, COUPLE OF SLIDES, UH, MAY BE VERY HELPFUL.
I WILL POINT, UH, TO THAT DEFINITION OF REMODEL.
REMODEL MEANS ANY RENOVATION OR REPAIR THAT EITHER CHANGES THE APPEARANCE OF A STRUCTURE OR REPLACES ORIGINAL MATERIAL WITH ANOTHER MATERIAL THAT'S FOCUSING, FOCUSING ON, UH, CHANGES THE APPEARANCE OF THE STRUCTURE.
MR. SI, I UNDERSTAND, I UNDERSTAND THE, AND AND APPRECIATE THE, UH, ELABORATION ON THE DEFINITION THERE.
BUT WHEN YOU SAY IT FOCUSES ON THE, YOUR WORDS, WOULD YOU SAY, AGAIN, I ASKED THE BOARD TO FOCUS ON THE PORTION THAT SAYS, UM, EITHER CHANGES THE APPEARANCE OF THE STRUCTURE, RIGHT, SOMETHING THAT CHANGES THE APPEARANCE OF THE BUILDING.
I'VE GOT TWO PHOTOGRAPHS ON THE SCREEN.
ONE BEFORE THE BUILDING WAS PAINTED, ONE AFTER THE BUILDING WAS PAINTED.
SO IN ESSENCE, CHANGING THE APPEARANCE OF THAT STRUCTURE, UH, SHOULD BE OUR FOCUS ONE UP.
UH, WE'LL GET TO, UH, THIS ORDINANCE HAS VERY SPECIFIC LANGUAGE WHEN IT COMES TO PAINTING OF UNPAINTED BRICK, AS WELL AS THE COLORS THAT CAN BE USED.
SO IT WAS A MAJOR FOCUS WHEN THE ORDINANCE WAS DEVELOPED.
UH, I'LL ALSO POINT OUT BODY COLOR.
THIS WILL COME UP, UH, IN A LATER SECTION OF THE PRESENTATION.
BODY COLOR MEANS THE DOMINANT PAINT COLOR OF THE STRUCTURE.
THE COLOR OF UNPAINTED BRICK IS THE BODY COLOR FOR MOST HOUSES IN THE DISTRICT.
HERE WE ARE CALLING IT OUT THAT UNPAINTED BRICK IS THE COLOR FOR MOST HOUSES WITHIN THE DISTRICT.
THIS IS THE SECTION PERTAINING SPECIFICALLY TO COLOR.
UH, AGAIN, THIS FALLS UNDER THOSE ARCHITECTURAL
[01:40:01]
REGULATIONS.SO THIS IS STILL UNDER SECTION SEVEN OF THE ORDINANCE WHERE IT STATES BRICK SURFACES NOT PREVIOUSLY PAINTED.
MUST NOT BE PAINTED UNLESS THE APPLICANT CAN PROVE ONE OF THESE FOUR ITEMS LISTED BELOW, THAT THE COLOR AND TEXTURE OF REPLACEMENT BRICK CANNOT BE MATCHED WITH THAT OF THE EXISTING BRICK SURFACE.
THAT DOES NOT APPLY IN THIS CASE.
UH, THIS WAS EXISTING ORIGINAL BRICK THAT, UH, GOES TO THE POINT OF, UH, B THERE THE BRICK IS NOT ORIGINAL OR COMPATIBLE WITH THE STYLE OR PERIOD OF THE MAIN BUILDING IN THE DISTRICT.
THIS IS AN ORIGINAL STRUCTURE.
THIS IS THE 1956 BRICK THAT WE FIND ON THE, THE BUILDING TODAY.
C PAINTING IS THE ONLY METHOD BY WHICH THE BRICK MAY BE RESTORED OR PRESERVED.
DO WANT TO CLARIFY THAT THIS IS, UH, SOMETHING THAT WOULD APPLY TO LARGE SCALE OR WHOLESALE FAILURE OF THE BRICK.
THAT PAINTING IS THE ONLY METHOD THAT WE CAN COME UP WITH TO PRESERVE THAT BRICK.
IF WE'RE TALKING ABOUT LOCALIZED DAMAGE, WHETHER THAT BE THROUGH, UM, UH, DELAMINATION OF THE BRICK FROM MOISTURE DAMAGE, OR, UH, IMPACT FROM SOMETHING THAT IS A REPAIR THAT WOULD BE HANDLED AS A LOCALIZED REPAIR.
SO THAT WOULD NOT BE JUSTIFICATION UNDER C AS WHY WE WOULD PAINT THE ENTIRETY OF A BUILDING, 'CAUSE WE CAN MAKE REPAIRS TO THAT ONE LOCATION.
NUMBER D THAT PAINTED BRICK IS CHARACTERISTIC OF THE STYLE AND PERIOD OF THE MAIN STRUCTURE.
CERTAINLY WHEN WE WERE BUILDING HOUSES IN THE 18 HUNDREDS ALL THE WAY UP THROUGH THE 1950S, SIXTIES, SEVENTIES, EIGHTIES, NINETIES.
WHEN YOU PICK BRICK, THAT IS A FINISH CLADDING MATERIAL, YOU'RE NORMALLY PICKING THAT FOR ITS CHARACTERISTICS AND COLOR.
YOU'RE COORDINATING THAT, UH, IN TERMS OF THE CHOICE IN MORTAR COLOR, FOR EXAMPLE.
SO, UH, IN THIS INSTANCE, NONE OF THESE, UM, ELEMENTS WERE EVER PROVEN, PROVEN BY THE APPLICANT, NOR COULD WE FIND EVIDENCE THAT ANY OF THEM WERE NECESSITATED BEFORE THE PAINTING WAS UNDERTAKEN.
MR. BROWN DON'T THINK, DON'T, I'M NOT SURE IF THIS HAPPENED IN THIS PARTICULAR CASE, BUT, BUT HAD THERE BEEN A SITUATION WHERE THE FOUNDATION DAMAGED CAUSED CRACKING IN THE MORTAR OF THE BRICK, AND THAT BRICK NEEDED TO BE, WAS, WAS ONE UNABLE TO BE FOUND, TO BE REPAIRED, DIDN'T EXIST BECAUSE OF WHATEVER, NOT THE CASE, REALLY.
COULD THE APPLICANT HAVE PAINTED JUST A SECTION THEN OF, OF BRICK OR, OR, OR RESTORED, UH, MAYBE THEY HAD TO REPLACE THE MORTAR OR RE MORTAR, UM, TO USE THE EXISTING BRICK? COULD THEY HAVE PAINTED, PAINTED AND WOULD THEY HAVE ONLY BEEN LIMITED TO PAINTING A SECTION? I GUESS I'M JUST TRYING TO UNDERSTAND FOR FUTURE.
SO THERE ARE SEVERAL PARTS TO THAT QUESTION THAT I'M TRY AND ADDRESS, BUT THERE ARE, UH, SPECIFIC, UH, REGULATIONS RELATED TO MATERIALS THAT ARE USED TO MAKE REPAIRS.
SO ANY REPAIRS THAT WOULD'VE BEEN UNDERTAKEN, IT WOULD'VE REQUIRED THEM TO DO SO IN A MANNER THAT MATCHED THE MATERIALS.
THAT INCLUDES THE BRICK AND THE MORTAR, WHICH WOULD ULTIMATELY SORT OF REMOVE THAT, UH, LADDER PART OF THE SCENARIO THERE.
UM, IN THEORY, BECAUSE THE ARCHITECTURAL REGULATIONS APPLY ONLY TO THE FRONT 50% OR FRONT 25% OF THE BUILDING, APPLICANT COULD PAINT THE, THE REAR OF THE BUILDING.
THAT'S A, A POSSIBILITY AS WELL.
UH, THIS IS A CONTINUATION OF THAT SAME SECTION, UH, SEVEN, UH, J, WHICH IS THIS COLOR PROVISION HERE OF THE ORDINANCE.
AND YOU CAN SEE JUST HOW MUCH, UH, EMPHASIS WAS PLACED ON COLOR AND PAINT WITHIN THIS DISTRICT.
UH, YOU'LL NOTE THERE UNDER, UH, SECTION A THAT ON A HOUSE WITH BRICK OR STONE VENEER, THE COLOR OF THE BRICK OR STONE IS CONSIDERED TO BE THE DOMINANT BODY COLOR.
IF YOU REALLY DIG DOWN INTO THOSE ITEMS BELOW, ANY COLORS THAT ARE SELECTED WITHIN THIS DISTRICT HAVE TO FALL WITHIN VERY SPECIFIC Q VALUE AND CHROMA RANGES
SO THAT'S THE LEVEL OF TECHNICAL TECHNICALITY THAT WE WENT TO WHEN IT CAME TO COLOR AND MATERIALS THAT WERE USED IN THIS DISTRICT.
JUST AS AN EXAMPLE, UH, FOR YOU, WHEN WE, THE ORDINANCE ALSO DOES COVER APPEALS, SO I'LL DIRECT THE BOARD TO, UH, ITEM D THERE.
THAT SAYS THE SOLE ISSUE BEFORE THE BOARD IS WHETHER OR NOT THE DIRECTOR AIRED IN HIS OR HER DECISION TO DENY THE APPLICATION OR PREVIOUSLY UNPAINTED BRICK TO BE PAINTED WHEN
[01:45:01]
CONSIDERING THE SAME MATERIALS THAT THIS OFFICE DID AND MAKING THE DENIAL.SO BASED ON THE REQUEST TO PAINT UNPAINTED BRICK, WE LOOKED AT THOSE ITEMS, WHICH I'VE JUST, UH, SHOWN THE BOARD AND SAID, THE ORDINANCE IS CLEAR THAT THIS IS NOT SOMETHING THAT CAN BE ALLOWED.
THEREFORE, THE ONLY OPTION WE HAVE IS TO DENY THE REQUEST.
YOU KNOW, I WILL TRY AND ADDRESS, UH, SOMETHING THAT CAME UP IN THE EARLIER TESTIMONY ABOUT, UH, OTHER BUILDINGS THAT ARE PAINTED WITHIN THE DISTRICT.
CERTAINLY SINCE 1993, THERE HAVE BEEN NO NEW PAINTED BRICK STRUCTURES THAT HAVE BEEN APPROVED BY THIS OFFICE EXCEPT FOR ONE.
AGAIN, THAT WAS IN AN EXAMPLE WHERE, UH, BUILDING THE BRICK WAS SO DETERIORATED THAT IT WAS LITERALLY TURNING TO DUST, UH, OVER A SIGNIFICANT PORTION OF THE STRUCTURE.
TO MY KNOWLEDGE, THAT IS THE ONLY EXAMPLE OF AN APPROVED PAINTED BRICK BUILDING WITHIN THE DISTRICT, BECAUSE IT MET THAT CRITERIA OF D THAT THAT WAS THE ONLY WAY THAT THAT BUILDING COULD BE PRESERVED WAS THROUGH THE PAINTING OF PREVIOUSLY UNPAINTED BRICK.
SO, ARE THERE HOUSES THAT HAVE NOT BEEN, EXCUSE ME? ARE THERE HOUSES THAT HAVE BEEN PAINTED THAT HAVE NOT BEEN APPROVED? NOT THAT WE KNOW ABOUT.
SO IF I DRIVE AROUND THE NEIGHBORHOOD TOMORROW, AND I KNOW, BUT THEORETICALLY, IF SOMEONE DRIVES AROUND THAT NEIGHBORHOOD, UH, IN THE NEAR FUTURE AND WRITES DOWN ALL THOSE ADDRESSES OF THE PAINTED HOUSES AND COMPLAINS TO THE CITY, THEN YOU WOULD GO AND ADDRESS THAT ISSUE.
IF WE CAN VERIFY, IF WE CAN VERIFY THAT IT HAS BEEN PAINTED RECENTLY, WE WOULD ADDRESS THAT ISSUE.
AND I'VE GOT SOME EXAMPLES THAT I'LL SHOW YOU HERE IN JUST A SECOND.
WELL, TO THE POINT OF, UH, IF WE ARE UNABLE TO PROVE THAT THE BRICK WAS PAINTED, UH, BEFORE THE ORDINANCE WENT INTO EFFECT, FOR EXAMPLE, RIGHT, IF YOU PAINTED YOUR HOUSE IN 1992, YOU ARE NOT PREVIOUSLY UNPAINTED BRICK PER THE ORDINANCE.
UM, CERTAINLY THROUGH THE USE OF GOOGLE STREET VIEW, WE HAVE, UH, THE ABILITY TO GO BACK AS FAR AS 2008.
SO IF THAT LIST INCLUDED A BUILDING THAT WAS PAINTED IN 2008, THAT WOULD NOT BE SOMETHING THAT THE CITY COULD PROVE AS, UH, UH, PAINTING A PREVIOUSLY UNPAINTED BRICK.
NOW, IF I LOOK AT MAY, 2022 AND YOUR HOUSE IS RED, AND THEN IT'S WHITE, THE CITY WOULD PURSUE THAT, UH, AS A VIOLATION OF THE CONSERVATION DISTRICT ORDINANCE.
THIS IS A VERY ACTIVE NEIGHBORHOOD, UH, IN TERMS OF COMPLAINTS THAT COME IN FOR, UH, THESE TYPES OF THINGS.
SO, UM, YOU KNOW, WE HEAR AN AWFUL LOT.
THIS IS ONE OF OUR, OUR MOST ACTIVE DISTRICTS IN TERMS OF, UH, COMPLAINTS, UH, ADDRESSING COMPLAINTS.
ARE THESE ANONYMOUS? IS THE HOMEOWNER ALLOWED TO KNOW WHO COMPLAIN AT, NOT ONLY IN THIS CASE, BUT ANY CASE? SO 3 1 1 IS ALL PUBLIC INFORMATION, UH, WHETHER THAT PERSON PROVIDED THEIR NAME OR NOT.
IT IS NOT REQUIRED, IS MY UNDERSTANDING, UH, IN THE CITY'S 3 1 1 PROCESSES.
SO, UH, WHAT YOU SEE ON THE SCREEN NOW IS THE DENIAL CERTIFICATE, UH, WHERE THERE ARE OTHER QUESTIONS.
SO WHAT PERCENTAGE WOULD YOU SAY IS, UM, I, I'M NOT, SO I WOULDN'T SAY CODE OR YOUR GROUP'S INITIATED DRIVE THROUGH OF THIS DISTRICT OR DISTRICTS LIKE THIS LOOKING FOR THESE SORTS OF VIOLATIONS.
DOES YOUR GROUP GET OUT AND DRIVE THESE AREAS? SO WE HAVE ONE DEDICATED INSPECTOR FOR 17 CONSERVATION DISTRICTS, OVER 7,000 BUILDINGS.
SO, UH, THAT INSPECTORS PRIMARY FOCUS IS GONNA BE IN RESPONSE TO COMPLAINTS THAT COME IN THROUGH THE SYSTEM.
CERTAINLY WE DO HAVE SOME PROACTIVE CASES THAT RESULT FROM, UH, THAT INSPECTOR SEEING WORK ONGOING WITH NO CD WORK REVIEW ON RECORD.
SO THE MAJORITY ARE GONNA BE 3 1 1 INITIATED? ABSOLUTELY.
SO WHAT WE HAVE ON THE SCREEN IS THE, UH, CONSERVATION DISTRICT WORK REVIEW DENIAL, UH, THAT OUTLINES THE REASONS, UH, THAT WE, UH, ISSUED THE DENIAL OF THIS REQUEST FOR PAINTING A PREVIOUSLY UNPAINTED BRICK, ALL OF WHICH, UH, I HAVE COVERED IN THE EARLIER PART OF THE PRESENTATION.
SO WHEN WE CONSIDER THAT LANGUAGE FOR PAINTING OF PREVIOUSLY UNPAINTED BRICK THAT STIPULATES, UNLESS THE APPLICANT ESTABLISHES CAUSE IN THE DOCUMENTATION PROVIDED TO THE CITY FOR REVIEW, THAT BRICK SURFACES NOT PREVIOUSLY PAINTED MUST NOT BE PAINTED, THE APPLICANT DID NOT PROVIDE ANY REASON SUPPORTED
[01:50:01]
BY THE ORDINANCE TO JUSTIFY THE PAINTING OF ORIGINAL UNPAINTED BRICK.I DO WANT TO BRING UP A COUPLE OF OTHER EXAMPLES LOCATED WITHIN THIS, UH, PARTICULAR CONSERVATION DISTRICT SHOWING THE REMOVAL OF PAINT FROM, UH, STRUCTURES.
THIS IS 10 19 CLAREMONT ALSO CAME IN AS A VIOLATION THAT WE HAVE, UH, SINCE, UH, GOTTEN COMPLIANCE.
SO WHAT HAPPENED HERE? THIS WAS PAINTED AND NOW IT'S UNPAINTED.
WHAT DID THEY DO IN ORDER TO MAKE THAT HAPPEN? DID THEY PRESSURE WASH? IT DID.
SO IN THIS INSTANCE, THEY USED A, UH, CHEMICAL STRIPPER.
UM, YOU KNOW, THERE ARE CERTAINLY PLENTY OF, UH, PRODUCTS AVAILABLE OUT THERE.
YOU KNOW, WE ALWAYS HAVE TO STRESS, YOU CAN'T JUST GO TO HOME DEPOT OR LOWE'S AND BUY ONE PRODUCT AND SPRAY IT ON THERE AND SAY, LOOK, THAT DID NOT WORK.
YOU KNOW, THERE ARE A COUNTLESS NUMBER OF PRODUCTS AVAILABLE OUT THERE.
THERE ARE VARIABLES INVOLVED, UH, WHEN IT COMES TO THE REMOVAL OF PAINT, INCLUDING DWELL TIME OF THE PRODUCT, REAPPLICATION OF THE PRODUCT, MECHANICAL METHODS USED TO REMOVE THE PAINT.
UH, IN MOST INSTANCES, IT WILL REQUIRE SOME SORT OF LOW PRESSURE, WARM WATER WASH TO REMOVE THE, UH, CHEMICAL AGENT.
SO THAT, THAT WAS WHAT, UH, WAS USED IN BOTH OF THESE EXAMPLES.
AND IN FACT, ON THIS, UH, PARTICULAR EXAMPLE, I CAN TELL YOU THAT IT WAS THE PRO SOCO SURE.
CLEAN, HEAVY-DUTY PAINT REMOVER.
WHAT ARE THOSE STYLES? YOU SAID YOU WERE GOING TO TELL US THE FIVE IDENTIFIED ARCHITECTURAL STYLES.
I, SO LET'S SEE, WHEN WE TALK ABOUT, WELL, IT'S THE ONES IDENTIFIED IN THE, UH, APPENDIX OF THE ORIGINAL ORDINANCE HERE.
SO THAT IS GOING TO BE TUTOR, UH, MINIMAL TRADITIONAL, UH, COLONIAL REVIVAL, NEOCLASSICAL, SPANISH ECLECTIC, AND FRENCH ECLECTIC, BUT NOT RANCH, WHICH IS WHAT THE HOUSE HERE IS, IS THAT'S CORRECT.
BUT THE ARCHITECTURAL REGULATIONS APPLY TO ALL STRUCTURES LOCATED WITHIN THE DISTRICT.
THAT'S NOT SO, SO WHY ARE WE MAKING THIS, THESE DISTINCTION STUFF IF IT DOESN'T MATTER WHAT THEY, SO I'M PRESENTING ALL THE INFORMATION, UH, RELATED TO THE CASE SO THAT YOU GUYS ARE AWARE, UM, WHICH IS WHY I INCLUDED THIS LANGUAGE HERE ON THE SCREEN.
ARCHITECTURAL REGULATIONS APPLY TO ALL STRUCTURES IN THIS DISTRICT LOCATED ON A LOT FURTHER DOWN.
IT DOES HAVE SOME LANGUAGE RELATED SPECIFICALLY TO EXISTING, UH, NON-CONTRIBUTING STRUCTURES AND HOW THEY'RE REMODELED.
AND IS THAT WHAT THIS IS AN EXISTING NON-CONTRIBUTING, THAT IS WHAT IT IS DESIGNATED AS IN THE ORDINANCE? YES, SIR.
FINISH YOUR, YOUR, UH, AND THIS LANGUAGE WAS PUT INTO THIS ORDINANCE IN 1993, WHICH IS LIKE 30 YEARS AGO.
THE FIVE STYLES THAT YOU IDENTIFIED WERE PUT INTO THAT ORDINANCE AT THAT TIME.
THE ONLY, UH, AMENDMENT TO THAT ORDINANCE HAD TO DO WITH THE CREATION OF A NEW TRACK TWO A, WHICH ALLOWED FOR SHARED ACCESS DEVELOPMENT WITHIN A CONSERVATION DISTRICT.
REMEMBERING THAT CONSERVATION DISTRICT'S PRIMARY GOAL IS TO CONSERVE AREAS WITH SIGNIFICANT ARCHITECTURAL OR CULTURAL SIGNIFICANCE TO THE CITY OF DALLAS.
SO ALL THE REGULATIONS THAT ARE CONTAINED WITHIN THE ORDINANCE, THE INTENT IS TO MAINTAIN THE CHARACTER AND APPEARANCE OF THE NEIGHBORHOOD.
AND THIS IS NOT A HISTORIC DISTRICT, IE GWINNET HEIGHTS.
IT'S CONSERVATION RATHER THAN HISTORIC.
VICE CHAIR AGNI, MS. ROUND, WOULD YOU MIND FLIPPING BACK TO THE SLIDE YOU HAD ABOUT THE APPLICATION? I WAS TRYING TO MAKE SURE I UNDERSTOOD.
FROM A TIMING PERSPECTIVE, I THOUGHT WHEN I LOOKED AT THIS WORK REQUEST FORM, IT INDICATED IT HAD ALREADY BEEN PAINTED.
IS THAT RIGHT? THAT'S CORRECT.
SO IT WAS PAINTED, UM, ACCORDING TO THE CITY IN VIOLATION OF THE CODE PRIOR TO EVEN ASKING THE, THE APPLICANT ASKING FOR PERMISSION? THAT'S CORRECT.
[01:55:03]
THANK YOU.I I HAVE QUESTIONS, BUT I, BUT I PLAN TO HAVE YOU FINISH.
SO, SO THAT WAS THE, UH, END OF MY PRESENTATION JUST SHOWING THAT, UH, IN FACT, AND, AND WE HAVE ADDITIONAL EXAMPLES FROM OTHER DISTRICTS AS WELL, UH, WITH SUCCESSFUL PAINT REMOVAL FROM, FROM PAINT TO BRICK.
AND I'LL ALSO POINT OUT THAT THIS BRICK IS, UH, SCRATCH FACE TEXTURED BRICK, WHICH IS, UH, CONSIDERABLY MORE CHALLENGING IN TERMS OF, UH, REMOVAL OF PAINT FROM, FROM SORT OF THOSE, UH, LITTLE CREVICES AND CRACKS THERE.
UH, ONE THING I DO ALSO WANT TO, UH, SORT OF, UM, EDUCATE, FOR LACK OF A BETTER WORD, UH, 1950S BRICK AND MORTAR, UH, ARE ARE CONSIDERABLY HARDER THAN MOST HISTORIC, UH, BRICKS AND MORTAR.
UH, THEY'RE FIRED AT MUCH HIGHER TEMPERATURES WHEN WE TALK ABOUT BRICK.
UH, THEY'RE A LOT LESS IMPURITIES IN TERMS OF THE CLAY THAT'S BEING FIRED.
AND THEN, UH, ANY MORTAR THAT WAS USED FOR THAT STYLE OF BRICK AT THIS PERIOD OF TIME, UH, IS GONNA BE HIGH IN PORTLAND CEMENT CONTENT, WHICH IS OBVIOUSLY WHAT, UH, ALL OF OUR DRIVEWAYS AND THINGS ARE MADE OUT OF.
SO IT IS A, A VERY, UH, DURABLE MATERIAL IN TERMS OF BEING ABLE TO WITHSTAND, UM, SOME MODERATE, UM, UH, YEAH, PRESSURE IN TERMS OF WASHING THAT, THAT CHEMICAL AND PAINT OFF THE BRICK, MR. SASH, UM, MR. BROWN.
SO, UM, THE SOLUTION THERE AT FOUR 11 TYPES OF SOLUTIONS THAT COULD APPLY IN THIS PARTICULAR CASE FOR THIS APPLICANT ARE AVAILABLE OR CAN BE AVAILABLE, OR DOES THE, OR OR DOES STAFF MAKE NO RECOMMENDATION? UM, IN TERMS OF, UM, SOLUTION, WE MAKE NO RECOMMENDATION THOUGH WE DO REVIEW, UH, UH, METHODS AND MATERIALS THAT ARE GOING TO BE USED.
UH, FOR EXAMPLE, UH, SANDBLASTING OF THE BRICK WOULD NOT BE AN, AN ACCEPTABLE, UH, SOLUTION IN THIS PARTICULAR INSTANCE.
WE DO NOT MAKE RECOMMENDATIONS, OBVIOUSLY, WE TRY TO BE AS HELPFUL AS POSSIBLE IN, IN ALL SITUATIONS IN PROVIDING INFORMATION AND DIRECTION TO APPLICANTS.
SO, JUMPING TO THE AIR, WELL, WHAT, WHAT ARE YOU, UH, WHAT THE RIGHT WORD IS? WHAT, WHAT, WHAT DOES YOUR OFFICE THINK THE APPLICANT SHOULD DO? LIKE WHAT'S THE, SO OUR OFFICE IS CHARGED WITH ENFORCEMENT AND INTERPRETATION OF THE ORDINANCE, WHICH SAYS UNPAINTED BRICK MUST NOT BE PAINTED.
UM, BUT YOU JUST TOLD ME FOR EXAMPLE, SANDBLASTING IS NOT SOMETHING YOU'D ALLOW.
SO YOU, YOU'VE GOT SOMETHING TO SAY ABOUT HOW IT'S, WELL, JUST LIKE ANY PROPOSED, UM, UH, PROJECT ON A HOUSE, WE HAVE SOMETHING TO SAY.
IT'S USUALLY BASED ON, UM, WHAT THE ORDINANCE WOULD ALLOW, CERTAINLY, UM, IN THE INTEREST OF PROTECTING THE, THE EXISTING BUILDING, RIGHT? THAT'S WHAT THE ORDINANCE WAS ALSO INTENDED TO DO.
WE'RE WE'RE GOING TO TRY AND PROVIDE DIRECT, AS LONG AS WHAT'S BEING PROPOSED IS NOT SOMETHING THAT'S COUNTER TO THE ORDINANCE, WE WILL APPROVE IT.
UM, YOU KNOW, IT DOES HAVE, UM, REGULATION SPECIFIC TO REMODELING, UH, MATERIALS THAT ARE USED, HAVING TO MATCH THINGS OF THAT NATURE.
SO, YOU KNOW, ANYTHING THAT WOULD CHANGE THE APPEARANCE OF THAT BUILDING SUCH AS SANDBLASTING, WE WOULD NOT BE ABLE TO APPROVE.
SO THERE IS, IF WE FEEL LIKE THERE IS A REASON FOR THE CITY TO NOT ALLOW SOMETHING BASED ON THE ORDINANCE, WE WILL ACT ON THAT.
OTHERWISE, ANY PROPOSAL THAT MEETS THE INTENT OF THE ORDINANCE AND THE LANGUAGE OF THE ORDINANCE, WE GENERALLY APPROVE.
I THINK I'M INTUITING THAT, THAT YOU THINK THE, THE SOLUTION IN THIS CASE IS A, THE CHEMICAL PEEL FOR LACK OF A, THE, IT'S CERTAINLY PROVEN EFFECTIVE IN AT LEAST A HALF DOZEN OTHER INSTANCES IN THE LAST THREE YEARS.
I, SO WITHOUT HAVING READ THE TEXT OF, OF THE, THE CODE, THERE ARE SOME OF THESE ARE ADMITTEDLY DUMB GUY QUESTIONS.
FOR EXAMPLE, UM, BRICK VENEER, NOT THE SAME AS BRICK, IT'S CONCRETE, RIGHT? BRICK VENEER, NO, SIR.
UH, IT HAS TO DO, SO LOAD BEARING MASONRY IS GONNA BE LIKE THREE WHITES, THREE BRICK WIDTHS, UH, THAT IS STRUCTURAL.
A VENEER IS GOING TO BE APPLIED TO A WOOD FRAME BUILDING.
GENERALLY IT'S GONNA HAVE SOME SORT OF AN ANCHOR THAT TIES IT INTO THE, SO IT'S, IT'S ONE BRICK.
[02:00:01]
SEE ALL STRETCHER COURSE, NO OTHER COURSE.SO IN THIS CASE, IS IT, IS THIS BRICK VENEER OR IS THIS YEAH, BY 1956 LOAD BEARING MASON RESTRUCTURES OR ALL BUT EXTENT? YEAH.
UM, REMODELING MEANS QUOTE UNQUOTE RENOVATION OR REPAIR.
SO IF YOU HAD TO PUT A BOX AROUND WHAT ISN'T RENOVATION OR REPAIR, FOR EXAMPLE, WHAT, UH, REPAIR COULD, I MEAN, DOES THAT, THAT MEAN, YOU KNOW, UH, THERE'S A CHIP AND WOOD, SO, SO YOU, YOU TOUCH IT UP.
DOES THAT, WHEN I THINK REMODEL, I THINK A, A PRETTY BIG, LARGE OF A PROJECT WITH, WITH SIGNIFICANT SCOPE.
WHEN I THINK REPAIR, I THINK OF A VERY ISOLATED SMALL THING.
SO I'M, I'M, AND, AND SO REMODEL MEANS RENOVATION OR REPAIR.
WHAT DOES IT NOT INCLUDE? NEW CONSTRUCTION.
SO, SO, UH, TYPICALLY WE ARE GOING TO, UH, AFTER SPEAKING WITH THE APPLICANT, I MEAN A CHIP ON SOMETHING THAT REQUIRES A LITTLE TOUCH UP PAINT, THAT'S NOT SOMETHING THAT WE'RE GOING TO REVIEW.
YOU START TALKING ABOUT REPLACING, UH, 20% OF YOUR SIDING OR, UM, YEAH, I MEAN, IT, IT, IT'S A FAIRLY LIBERAL, UH, AREA IN TERMS OF WHAT WE CAN REGULATE OR, OR REVIEW IN TERMS OF PROPOSED WORK.
SO THE TRIGGER, SO, UH, BACK TO, TO MS. POLLOCK'S QUESTION, THE, THE, THE ARCHITECTURAL STYLE IN THIS CASE, UH, DOES IT MATTER, IS IRRELEVANT, COMPLETELY IRRELEVANT.
SO IT DOESN'T MATTER WHETHER IT'S A TUTOR OR A, ALL STRUCTURES WITHIN THIS AREA MUST FOLLOW THE ARCHITECTURAL REGULATIONS, WHICH APPLY TO THE FRONT 50% OR THE FRONT 25 FEET OF THE STRUCTURE.
SO SIMPLY, ESSENTIALLY IT IS A STRUCTURE AND IT HAS BRICK, AND THAT'S REALLY BECAUSE OF, AND IT'S IN THIS DISTRICT, SO YOU CAN'T PAINT IT, PERIOD.
IT DOESN'T MATTER WHAT IT LOOKS LIKE.
SO IT DOESN'T MATTER IF IT'S NEW CONSTRUCTION IN THIS, IN THIS CASE.
SO HER, UH, JUST WITHOUT SEEING HOW THE WHOLE THING TIES TOGETHER, IT'S PRETTY HARD.
SO FOR EXAMPLE, WE'RE TALKING ABOUT BODY COLOR AND THINGS LIKE THAT.
THIS IS NOT AN ISSUE OF THE COLOR THAT WAS CHOKED.
THIS IS AN ISSUE OF THE FACT THAT IT WAS PAINTED CORRECT.
BRICK SURFACES NOT PREVIOUSLY PAINTED, MUST NOT BE PAINTED.
SO ESSENTIALLY THE, THE WAY THIS WORKS IS ULTIMATELY IT HOUSE OR STRUCTURE IS SUPPOSED TO STAY THE SAME AS LONG AS IT CAN STAND.
AND THEN ESSENTIALLY ONLY WHEN IT, WHEN, WHEN TIME WEARS IT DOWN SO MUCH THAT IT BECOMES WHAT STRUCTURALLY UNSAFE.
LIKE, LIKE AT WHAT POINT, AT WHAT POINT WOULD AN OWNER BE ABLE TO REPAIR, REPLACE, UH, AT, AT ANY POINT, AT ANY TIME, IF SHE WANTED TO REPLACE THAT WITH 100% NEW BRICK, SO LONG AS IT WAS APPROPRIATE TO THE STYLE AND PERIOD OF THE STRUCTURE
[02:05:01]
OR THE ORDINANCE, SHE COULD DO THAT.IT DOESN'T HAVE TO BE IN DISREPAIR FOR YOU TO MAKE MODIFICATIONS.
IF YOU MAKE MODIFICATIONS, THEY MUST FOLLOW THE ARCHITECTURAL REGULATIONS OF THE ORDINANCE, WHICH COVERS OBVIOUSLY A WHOLE HOST OF OTHER THINGS BESIDES COLOR IN RELATION TO MATERIALS THAT ARE USED, HOW THEY'RE USED AND APPLIED.
UM, THIS IS PROBABLY ONE OF OUR BEST ORDINANCES IN, IN THE 17 DISTRICTS THAT THE CITY HAS.
SO ESSENTIALLY WHAT YOU'RE SAYING WITH THIS FLOOD IS THE BRICK SURFACE IS ACTUALLY A COLOR IN A WHAT PER THE ORDINANCE DEFINITION OF BODY COLOR? CORRECT.
OKAY, MR SLATE AND MR. MILLIKEN, SOMEBODY'S MIC IS ON OVER THERE.
UM, SO IF WE GO BACK TO THE PICTURE OF THE ADDRESS IN QUESTION, IF YOU LOOK AT THE STRUCTURE, IF, IF WE WERE TO GET THE PARTICULAR PROPERTY IN COMPLIANCE, THE BACK PORTION OF THE HOME WOULD NOT HAVE TO BE PAINTED, CORRECT? THE BACK PART OF THE HOUSE, IS THAT RIGHT? SO YOUR QUESTION WAS, THE BACK HALF WOULD NOT HAVE TO BE PAINTED, IS THAT CORRECT? WOULD NOT HAVE TO BE PAINTED.
WOULD NOT, IT'S ALREADY PAINTED.
IT WOULD NOT HAVE TO BE REMOVED.
SO THE ARCHITECTURAL REGULATIONS ONLY APPLY TO THE FRONT 50% OR 25 FEET WHICHEVER'S LESS.
AND IT LOOKED LIKE IT WAS ORIGINALLY WHITE TO BEGIN WITH, FROM WHAT I SAW.
SO PICTURE IS THE LOWER RIGHT IS WHAT THE BUILDING LOOKED LIKE UNTIL JUNE.
AND I THOUGHT I SAW A PREVIOUS PHOTOGRAPH THAT SHOWED THE GARAGE TO BE WHITE AND THEN THE BACK OF THE HOUSE TO BE WHITE AS WELL.
WAS THAT NOT CORRECT? NOTHING THAT I, OKAY.
THAT RIGHT THERE ON YOUR LEFT.
SO THIS IS WHAT WAS SUBMITTED BY THE APPLICANT AFTER THE WORK HAD ALREADY TAKEN PLACE.
SO THAT'S NOT THE ORIGINAL BACK OF THE HOUSE ON THE LEFT, THAT'S AFTER IT WAS PAINTED WHITE? NO.
BE CAREFUL ABOUT TESTIFYING FROM THE BACK ROW THERE.
THERE'S GONNA YOU OKAY, YOU, YOU'RE GONNA HAVE A, ALRIGHT.
NO, NO, NO, NOT NOW, BUT YOU'RE GONNA HAVE A, A CHANCE TO RESPOND.
SO THAT ASIDE, WE WOULD HAVE TO WORRY ABOUT THE TWO SIDES OF THE HOME AND THE FRONT OF THE HOME TO BE CORRECTED AT THIS POINT TO BE COMPLIANT.
JUST THE FRONT, JUST THE 25 FEET, RIGHT? WHICHEVER'S LESS OF 50% OF THE DEPTH OF THE BUILDING OR 25 FEET.
THIS BUILDING, UH, DOES NOT APPEAR TO BE THAT DEEP.
SO WE'RE PROBABLY LOOKING AT THE 20, 25 FEET.
SO YOU'RE, WE'RE REALLY JUST TALK WHETHER THIS IS THE RIGHT WAY TO GO IS IS ANOTHER QUESTION, BUT, BUT IN TERMS OF THE MINIMUM REQUIRED, IT WOULD JUST BE THIS FRONT, NOT EVEN THE SIDE THERE.
ON THE OTHER SIDE OF THE FRONT HALF OF THE HOUSE WOULD HAVE TO BE PAINT REMOVED.
OTHER QUESTION IS, HOW MUCH TIME DO WE GIVE A HOMEOWNER TO CORRECT THIS? WE TRY TO BE AS, UM, YOU KNOW, HOPEFUL AS WE CAN IN THAT OBVIOUSLY WE CANNOT ALLOW THESE MATTERS TO DRAG ALONG.
WE'VE ALREADY BEEN OVER A YEAR, ALMOST A YEAR AND A HALF AT THIS POINT.
UM, YOU KNOW, WE UNDERSTAND THAT IT TAKES TIME TO LINE UP CONTRACTORS TO DO THE TESTING TO MAYBE, UH, GET MONEY TOGETHER OR WHATEVER THE CASE MAY BE.
BUT, UM, WE DON'T HAVE A A SET POLICY FOR CASES LIKE THIS, UH, BECAUSE THEY ARE UNIQUE.
BUT, UH, YOU KNOW, TYPICALLY WE'RE TRYING TO BRING PEOPLE INTO COMPLIANCE WITHIN 90 DAYS.
DOES THE CITY CURRENTLY HAVE ANY PROGRAMS THAT, YOU KNOW, THAT CAN ASSIST WITH SOMETHING LIKE THIS? I AM NOT AWARE OF ANY.
UM, AGAIN, THIS IS PROBABLY NOT A STANDARD, UM, REQUEST UNLESS THERE'S SOME HARDSHIP THAT SHE QUALIFIES FOR.
UM, BUT I'M NOT AWARE OF ANY NOW.
NOT, I KNOW YOU MENTIONED THAT YOU'RE NOT, NOT AWARE OF ANY, UM, ASSISTANCE
[02:10:01]
THAT MAY BE AFFORDED TO THE APPLICANT, BUT ARE YOU AWARE OF ANY WAIVERS FOR EXTENSIONS OF TIME, UM, TO COME UNDER COMPLIANT? UM, ACCORDING TO THE APPLICANT'S OWN TESTIMONY, UM, SHE MENTIONED THAT SHE HAS A CHILD THAT IS DEALING WITH SOME MEDICAL, UH, CONCERNS.SO, UM, ARE YOU AWARE OF ANY WAIVERS OR EXTENSIONS OF TIME? I'M NOT AWARE OF ANY.
I MEAN, AGAIN, WE TRY AND WORK WITH PEOPLE AS LONG AS WE'RE SEEING PROGRESS TOWARDS COMPLIANCE.
I MEAN, AGAIN, THAT DOES HAVE LIMITS, RIGHT? UM, YOU KNOW, WE CAN'T HAVE THIS STRETCH OUT TWO MORE YEARS.
THAT'S JUST NOT FEASIBLE AND IT'S, UH, CERTAINLY NOT STANDARD PROCEDURE TO GO THAT LONG.
UM, AT THIS POINT, THE, THE APPLICANT IS ALLOWED A REBUTTAL AND A CLOSE, THEN THE ADMINISTRATIVE OFFICIAL GETS A FINAL CLOSE THAT THE ORDER OF OPERATIONS.
SO, UH, YOU HAVE THE ABILITY TO CROSS-EXAMINE THE BUILDING OFFICIAL, OR PERHAPS ASK HIM QUESTION.
I, I DON'T, SO, UH, YOU DON'T HAVE TO, YOU, SO I HAVE, I HAVE ONE QUESTION FIRST.
DO WE, DOES ANYONE REALLY THINK THAT REMOVING THE PAINT FROM THE FRONT OF THAT HOUSE AND LEAVING THE SIDE, THE BACK, THE GARAGE THAT IS IN THIS PHOTO, NOT EVEN IN THE OTHER ONE, AND NOT EVEN IN THE OLD ONE, IS NOT SHOWING HOW VISIBLE IS THE GARAGE AND HOW WHAT, SO THE GARAGE THAT IS A TINY HOUSE.
LET, LET ME, ARE YOU ASKING THE BUILDING OFFICIAL APPROACH? I'M ASKING EVERYONE.
SO WHY DON'T WE SAY, ALL RIGHT, YOU, DO YOU HAVE A QUESTION FOR THE BUILDING OFFICIAL? YES, YOU DO.
SO WHY DON'T YOU ASK THAT QUESTION NOW.
AND THEN IF YOU'RE GONNA ASK HISTORICALS, SO DO YOU, BECAUSE WE, WE ALL CARE ABOUT THE CURB APPEAL OF OUR NEIGHBORHOOD AND THE CITY WE LIVE IN, AND THAT IS PROBABLY ONE OF THE MAIN REASONS THAT THIS WHOLE THING EXISTS.
DO YOU REALLY THINK REMOVING THE PAINT FROM THE FRONT OF THAT HOUSE, CONSIDERING WHEN YOU DRIVE BY OR WHEN YOU WALK BY, YOU SEE THAT BIG GARAGE, IT'S A TWO CAR GARAGE.
IT'S NOT A SMALL BUILDING, IT'S A WIDER TWO CAR GARAGE.
AND ALSO UNDER THE ROOF, UNDER THE PORCH IS ALSO, IT HAS ALWAYS BEEN WHITE.
THIS SIDE IT LOOKS LIKE, I DON'T KNOW WHY AND HOW THERE ARE SOME SIGHTINGS.
SO YOU'RE QUESTION TOO, DO YOU THINK REMOVING THE FRONT PAINT IS GONNA MAKE THAT LOOK BETTER OR IS THAT GONNA BE PLEASANT TO THE NEIGHBORS TO HAVE A HOUSE IN FRONT OF THEM THAT IS HALF WHITE AND HALF RED? SO THAT IS IMMATERIAL TO MY OFFICE'S INTERPRETATION OF THE CODE.
UH, JUST LIKE THE BOARD TODAY, THE ONLY THING WE'RE ALLOWED TO DO IS LOOK AT THE LANGUAGE WITHIN THE CODE AND WHAT IS BEING PRESENTED FOR REVIEW.
UH, THAT WAS JUST A SIMPLE QUESTION.
DO YOU THINK IT'S GONNA MAKE IT LOOK BETTER? I THINK HE'S ANSWERED YOUR QUESTION.
DOESN'T MEAN YOU CAN'T ASK OTHER QUESTIONS.
AND MY OTHER CONCERN IS THAT THE MAIN REASON WHY WE DECIDED TO PAINT IS THAT WHEN WE FIXED THE FOUNDATION AROUND THE WINDOWS, WE HAD BIG GAPS.
WE ENDED UP HAVING BIG GAPS ON EVEN, UH, GAPS ON SIDES OF THE WINDOWS UP AND DOWN.
AND THEN THAT FLOWER BED IN FRONT, IT COMPLETELY SEPARATED FROM THE BUILDING WHEN WE FIX THE FOUNDATION.
SO THERE'S A BIG GAP BETWEEN THAT FLOWER BED AND THE, THE MAIN BUILDING TOO.
AND SOME OF OUR BRICKS ARE, THEY'RE, IT'S NOT JUST A MORTAR THAT IS DAMAGED.
SOME OF THE BRICKS ARE LIKE, THEY LOOK LIKE THEY'RE CARVED IN.
SO THESE, THESE ARE THINGS THAT YOU, SO WHEN THEY WERE, YOU'RE TALKING TO US, DO YOU HAVE QUESTIONS FOR, FOR KIM? YEAH, THAT'S FOR, SO, SO I'M JUST SAYING, SO WHEN YOU MENTIONED DNC, I DON'T THINK, I MEAN, THAT IS THE ONLY WAY TO MAKE THAT BUILDING RE PRESENTABLE BEC UNLESS WE WANT TO CHANGE LIKE THOUSANDS OF BRICKS OVER THERE OR RE REDO THE WHOLE MORTAR SO THAT IT'S UNIFORM BECAUSE THAT MORTAR HAS SAND IN
[02:15:01]
IT.I TRIED BUYING THE SAME THING.
IT, IT WAS, IT, IT WOULD LOOK SO DIFFERENT AND IT WAS WIDER ON SOME PARTS, SMALLER, ON SOME OTHER PARTS.
I TRIED BEFORE I PAINT THE HOUSE, IT LOOKED TERRIBLE AND I DEFINITELY DON'T WANNA LIVE IN AN UGLY HOUSE.
THAT'S WHY I WAS LIKE, OKAY, THIS, THIS IS IT.
AND AGAIN, THE HOUSE ACROSS ME WAS THE EXACT SAME COLOR.
AND THEN TO BE HONEST, I, I DON'T HAVE THE FINANCIAL POWER TO HIRE A CONTRACTOR WHO'S A PROFESSIONAL WHO CAN USE CHEMICALS.
I TRIED SOME SMALL, IT, IT THERE IS STILL THERE ON THE SIDE OF THE HOUSE.
THE PARTS THAT I TRY TO REMOVE THE CHEMICAL DOESN'T THAT EASILY REMOVE THE PAIN.
YOU HAVE THE ABILITY, THE PAIN ABILITY YOU TO CROSS-EXAMINE HIM, AND THEN YOU ALSO HAVE THE ABILITY TO TALK TO US.
BUT OKAY, IF YOU, IF YOU HAVE QUESTIONS FOR HIM.
YEAH, THAT WAS MY MAIN QUESTION.
WELL, THAT, THAT WASN'T A QUESTION, BUT, SO THE QUESTION WAS, DOES IT LOOK BETTER? WHICH HE ANSWERED AND THE REST OF IT, I GUESS WAS FOR THE, FOR THE, FOR EVERYONE.
SO NOW TALK TO US INSTEAD OF, SO I'M ASKING IT, IT'S, YEAH, IF IT'S CHOOSING, IF IT'S TO, TO RULE BETWEEN REMOVING THE PAINT IN THE FRONT OF THE HOUSE OR KEEPING IT UNIFORM, ONE COLOR CONSIDERING THERE IS ANOTHER DUELING IN THIS PROPERTY THAT IS ALL WHITE.
I'M ASKING FOR THE BOARD TO RULE TO KEEPING THE HOUSE AS IT IS BECAUSE IT, IT HONESTLY LOOKS MUCH BETTER THAN A HOUSE THAT IS HALF RED, HALF WHITE.
AND THERE, IIII HAVE NO OTHER WAY OF PRESERVING THE LOOK AFTER, REMOVE THE PAINT.
I DON'T KNOW WHAT'S GONNA HAPPEN TO THE PARTS OF THE MORTAR THAT WE REPAIRED, THE GAPS BETWEEN THE WINDOW AND THE BUILDING.
AND I DON'T HAVE THE FINANCIAL POWER NOW.
I, EVEN IF IT'S A DOLLAR, I, I, I'D RATHER SPEND IT ON SAVE IT, SAVING MY CHILD'S LIFE THAN TO REMOVE, UM, MS. COUNTY.
I, I, I THINK THE, THE ISSUES THAT YOU, UM, CITED JUST NOW WITH THE SEPARATION OF THE MORTAR AND THE, THE, THE, THE, UM, GAPS IN SPACES.
I THINK THOSE WERE PROBABLY ALL ITEMS THAT YOU PROBABLY SHOULD HAVE PRESENTED TO MS, MS ME, PARENT.
I, I SENT HER PICTURES BECAUSE I DON'T THINK EVEN PAINTING THE HOUSE IS GONNA SOLVE THE, THE GAPS THAT YOU, WE COVERED THE GAPS, BUT IT WOULDN'T BE UNI AFTER WE COVERED THEM, THEY WERE NOT, IT LOOKED UGLY BECAUSE WE HAD SOME BIGGER PARTS COVERED, FILLED IN.
IT WAS SO, AND THEN I HAVE COMMUNICATED ALL OF THESE BUSINESS PARENTS.
AND I FEEL LIKE EVERY TIME I SENT SOME AN EMAIL OR TRIED TO COMMUNICATE, IT TOOK SO LONG TO GET BACK AN ANSWER.
AND THE ANSWER WAS ALWAYS LIKE, NO, IT HAS, I KEPT GETTING THE SAME DOCUMENT, NOT AN ANSWER.
THERE WAS A SET DOCUMENT THAT WAS EMAILED TO ME ON, THESE ARE TO PRODUCT THE PRODUCTS THAT WE SUGGEST OR WE DON'T SUGGEST, BUT WE KNOW THEY'VE USED AND WE NEED YOU TO TRY TO REMOVE IT.
I EVEN SENT PICTURES OF THE PARTS THAT I TRIED TO REMOVE FOR HER.
I DON'T, AND THAT, THAT'S WHAT I'M SAYING, SINCE WE LOOK AT THE HOUSE OR YOU DRIVE BY, THERE IS ANOTHER BUILDING BEHIND IT THAT IS ALREADY WHITE.
SO THAT IS ALSO PART IS I'M PAYING TAXES FOR THAT GARAGE PART TOO.
SO THAT IS PART OF THE STRUCTURE OF THE HOUSE TOO.
WHY ARE WE NOT CONSIDERING THAT PART OF THE STRUCTURE OF THE HOUSE? THAT THAT IS ALSO PART OF THE PROPERTY.
MR. SLATE, VICE YOUR, I HAVE A QUESTION.
UM, THERE WERE A COUPLE LETTERS WE RECEIVED.
ONE OF THEM INDICATED YOU ARE A REALTOR, IS THAT RIGHT? I AM ALSO A REALTOR.
UM, ARE YOU FAMILIAR IN THE COURSE OF YOUR PROFESSION WITH CONSERVATION DISTRICT? NOPE.
UM, THE BUILDING, THE ADMINISTRATIVE
[02:20:01]
OFFICIAL IS ALLOWED A THREE MINUTE CLOSE.UM, YOU KNOW, UH, I FEEL LIKE I'VE PRESENTED ALL THE INFORMATION THAT, THAT I AM SUPPOSED TO IN CASES LIKE THIS WHERE, YOU KNOW, OUR OFFICE IS TASKED WITH REVIEWING THE ORDINANCE AND WHAT PEOPLE ARE PROPOSING TO DO TO THEIR PROPERTIES, UH, WHETHER THEY ASK FOR PERMISSION BEFORE OR AFTER IS SORT OF, UH, IMMATERIAL FOR US BECAUSE WE STILL HAVE TO, THIS IS THE LAW, THE ORDINANCE IS THE LAW THAT WE ARE CHARGED WITH, UM, REVIEWING AND ENFORCING IN, IN THESE TYPES OF INSTANCES.
SO WHILE I AM CERTAINLY SYMPATHETIC, UM, OUR OFFICE CANNOT APPROVE SOMETHING THAT IS NOT ALLOWED PER ORDINANCE, WHICH IS WHY WE DENIED IT.
AND YOU GUYS ARE THE FINAL ADMINISTRATIVE REMEDY TO THAT.
AND SO, YOU KNOW, THIS IS ULTIMATELY NOW IN YOUR HANDS.
UM, IS THERE A MOTION? VICE CHAIR? AGMAN? I HAVE A MOTION, SIR.
HAVING FULLY REVIEWED THE DECISION OF THE ADMINISTRATIVE OFFICIAL OF THE CITY OF DALLAS IN APPEAL NUMBER BDA 2 23 DASH ZERO FIVE ON APPLICATION NIK COUNTY, AND HAVING EVALUATED THE EVIDENCE PERTAINING TO THE PROPERTY AND HEARD ALL TESTIMONY AND FACTS SUPPORTING THE APPLICATION, I MOVE THAT THE BOARD OF ADJUSTMENT AFFIRMED THE DECISION OF THE ADMINISTRATIVE OFFICIAL AND DENIED OR RELIEF REQUESTED BY THE APPLICANT.
IS THERE A SECOND? I WILL SECOND IT.
SO THAT TALK HERE, HERE'S, UH, I THINK THERE, THERE PROBABLY ARE SOME GROUNDS TO RE REVERSE THEM, BUT, UH, THE DECISION, BUT, BUT IN FRONT OF ME, I HAVE NO PICTURES.
I, I DON'T EVEN HAVE THE ENTIRE CODE.
UH, I HAVE NOTHING ON WHICH TO, TO, TO REVERSE THE DECISION THAT, THAT THE BUILDING OFFICIAL MADE.
I, I, UH, UH, I JUST, I I HAVE, I HAVE NOTHING TO, TO SEE OR, OR WORK WITH.
SO I, I DON'T, I DON'T KNOW HOW I COULD REVERSE A DECISION, UH, BASED ON WHAT'S BEEN SUBMITTED HERE TODAY.
UM, I TOO FEEL OR BELIEVE THAT THERE COULD HAVE, THERE COULD HAVE BEEN PRESENTATION TO THE BOARD, UH, THAT COULD HAVE CONVINCED A DECISION TO REVERSE.
HOWEVER, BASED ON WHAT WE HAVE IN FRONT OF US TODAY AND THE TESTIMONY, UM, FROM THE BUILDING OFFICIAL OR ADMINISTRATOR, UM, I FIND IT DIFFICULT AS WELL TO, TO REVERSE THE DECISION AS MUCH AS, AS MUCH AS I UNDERSTAND AND, AND, UM, UM, UM, EMPATHIZE WITH THE APPLICANT.
UM, ON A PARTICULAR SITUATION, NOT KNOWING THE COMPANY, YOU KNOW, PRETTY MUCH A RELATIVELY NEW REALTOR, SO MAYBE NOT AN EXPERT AND, UH, UM, DIFFERENT, UM, REGULATIONS, UH, OF THIS, OF THIS TYPE.
UM, HOWEVER, UH, AGAIN, IT'S JUST, IT'S DIFFICULT TO REVERSE THE DECISION OF THE OFFICIAL BASED ON THE INFORMATION THAT, OR THE EVIDENCE THAT WE HAVE, UH, BEFORE US TODAY.
UH, I'LL JUST SAY I DIDN'T SEE THE ERROR IN THE DENIAL OF THE APPLICATION.
UM, BASED ON WHAT WAS PRESENTED TO US, THE BRICK WAS NOT PERMITTED TO BE PAINTED.
AND SO GIVEN THE SCOPE OF THE ISSUE BEFORE US, AS SYMPATHETIC AS THE CASE THAT WAS PRESENTED WAS, AND AS MUCH AS WE WOULD LIKE TO POTENTIALLY,
[02:25:01]
WE WERE LOOKING AT A VARIANCE OF SPECIAL EXCEPTION, NOT THATUM, AND SO AGAIN, WHILE VERY SYMPATHETIC TO THE CIRCUMSTANCE AND THE FRUSTRATION WITH IT, UM, I MYSELF LIVE IN A CONSERVATION DISTRICT AND HAVE HAD A CODE ORDINANCE THAT RESULTED IN ME QUESTIONING THINGS AND REALIZING, NOPE, HAVE TO ADDRESS WHAT IT IS BECAUSE OF THE FACT THAT I HAPPENED TO LIVE THERE AND I AGREED TO ABIDE BY PER PARTICULAR RULES THAT THE NEIGHBORHOOD, UH, AND THE NEIGHBOR'S AS NOTED BY THEIR 3 1 1 NOTIFICATIONS, UM, HOPE GET FOLLOWED.
SO THAT'S WHY I'M GOING TO BE VOTING, UH, IYE IN RESPONSE TO THE MOTION TO AFFIRM THE DECISION.
THE ADMINISTRATIVE DENIED REQUEST BY, YEAH.
THE, THE, THE MOTION IS TO AFFIRM THE BUILDING OFFICIAL'S DECISION.
MS. MS. WILLIAMS, UH, WILL YOU CALL THE VOTE PLEASE? MR. MILLIKEN? AYE.
MS. P*****K NAY, MR. TON? AYE.
MOTION PASSES 41 4 IF YOU, WELL, I DON'T, SO, UM, THE PERSON TO SPEAK TO MAY, MAY BE MR. BROWN, UH, OR BOARD SECRETARY.
UM, CAN I, UM, CAN I UPHELD THIS AGAIN? I DON'T KNOW.
UH, THAT'S A QUESTION FOR, I'M ASKING FOR.
WOULD YOU MIND ASKING, UH, AFTER WE'RE, WE'RE DONE HERE? BECAUSE I DON'T KNOW THE ANSWER TO YOUR QUESTION.
SO, UM, THOSE AREN'T, THAT'S NOT, SO, UH, WE ARE DONE WITH OUR CASELOAD.
IT IS DECEMBER AND WE WON'T MEET AGAIN TILL FEBRUARY.
UH, ALL OF YOU HAVE BEEN REAPPOINTED FOR BETTER OR WORSE, INCLUDING ME.
UM, I WANNA SAY THANK YOU TO, TO EVERYBODY ON THIS SIDE OF THE TABLE TOO FOR, FOR, FOR PUTTING EVERYTHING TOGETHER.
UH, THIS WAS GOOD SET OF PRESENTATIONS.
ALSO, THIS BOARD HAS, HAS CHANGED AT A FASTER RATE THAN ALMOST ANYTHING IN MUNICIPAL, ANYTHING HAPPENS.
SO I, I, AND, AND I KNOW IT AND, UH, REALLY APPRECIATE IT.
UH, I ALSO HOPE ALL OF YOU HAVE, HAVE SAFE HOLIDAYS.
UH, FIND A WAY TO TAKE DEEP BREATHS, I HOPE BE WITH YOUR FAMILIES OR, OR STAY AWAY FROM THEM DEPENDING ON WHAT THEY'RE, UH, BUT PLEASE KNOW THAT I APPRECIATE ALL OF THE TIME YOU ALL PUT IN, WHETHER YOU GET PAID OR NOT, OR SANDWICHES.
UM, UM, IT, IT MAKES THIS BOARD, UH, GO AND FRANKLY, STANDPOINT OF SOMEBODY WHO, WHO DOES IT AS A, AS A VOLUNTEER, IT, IT, IT, IT MAKES IT REWARDING.
AND, UH, I, I APPRECIATE WE'VE, WE'VE MADE A TON OF PROGRESS AND I, I'M, I'M VERY THANKFUL FOR THE, THE WORK YOU'VE PUT IN ALSO WELCOME.
UM, I DON'T KNOW WHETHER YOU'LL JOIN US A AGAIN, BUT YOU ARE WELCOME TO COME ANYTIME YOU WANT.
UM, AND, UH, WITH THAT, UM, IT IS 3:46 PM ON DECEMBER 11TH, 2023, AND PANEL C IS ADJOURNED.