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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
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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