[Board of Adjustments: Panel B on December 13, 2023.]
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I'M SHERRY GABO AND I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT PRESIDING OFFICER OF PANEL B.
TODAY IS WEDNESDAY, OCTOBER 13TH AND THE TIME IS 1:03 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND ON HYBRID VIDEO CONFERENCE.
A QUORUM, WHICH IS A MINIMUM OF FIVE, FOUR, OR FIVE OF OUR PANEL MEMBERS IS PRESENT, AND THEREFORE WE CAN PROCEED WITH THIS MEETING.
UM, ON THE PANEL TODAY ARE MYSELF, SHERRY GABO, SARAH LAMB, MICHAEL KOWSKI, JOE CANNON, AND NICHOLAS BROOKS.
STAFF PRESENT INCLUDE, UM, MATT SAP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKINS, OUR INTERIM BOARD ADMINISTRATOR AND CHIEF PLANER, DIANA BARKUM, OUR DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR CAMBRIA JORDAN, OUR SENIOR PLANNER, NORA NDA, OUR SENIOR PLANS EXAMINER BRYANT THOMPSON, OUR SENIOR PLANNER, JASON POOLE, OUR DEVELOPMENT SERVICE ADMINISTRATOR, MARY WILLIAMS, OUR BOARD SECRETARY, A MEETING MODERATOR.
UM, ARE DAVID AND TREVOR GONNA JOIN US SLATER, OR OH, HE'S ON.
WE HAVE TREVOR BROWN, OUR CHIEF PLANNER OF THE CONSERVATION DISTRICT ONLINE, AND DAVID NAVARROS OF ENGINEERING MAY JOIN US SLATER, BUT HE IS NOT CURRENTLY.
UM, ON, SO BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER THE CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON THE WEBSITE.
NO ACTION OR DECISION ON ANY CASE SETS, ANY SORT OF PRECEDENT.
EACH CASE IS DECIDED UPON BY ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY DRAFT BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED DOCKET WHICH EXPLAINS THE CASE THAT WAS POSTED SEVEN DAYS PRIOR TO THE HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.
AND THIS EVIDENCE WILL BE RETAINED IN THE BOARD'S IN THE OFFICE.
UM, FOR THE RECORDS APPROVALS OF A VARIANCE OR A SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATOR OFFICIAL DECISION REQUIRES A 75% OR FOUR VOTES OF THE FULL FIVE MEMBER PAN PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT OF OUR, BY OUR BOARD ADMINISTRATOR ADMINISTRATOR SHORTLY AFTER THE HEARING WILL BECOME A PART OF THE PUBLIC RECORD.
ANYONE THAT IS DESIRING TO SPEAK TODAY NEEDS TO REGISTER AN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
THERE IS NO TELECONFERENCING, UM, ALLOWED VIA WEBEX AND ALL COMMENTS WILL BE DIRECTED TO TO THE PRESIDING OFFICER.
UM, AND DEPENDING ON WHERE WE ARE, I MAY MODIFY SPEAKING TIMES TO ACCOMMODATE EVERYBODY.
ARE THERE ANY QUESTIONS ON THE, UM, DO WE HAVE ANY PUBLIC HEARING TODAY OR PUBLIC TESTIMONY? NO PUBLIC SPEAKERS, MA'AM.
UM, AND SO WE NEED TO APPROVE OUR 20 22 20 23 BOARD OF ADJUSTMENT ANNUAL REPORT, AND WE ALSO NEED TO APPROVE OUR PANEL B AMENDMENT MINUTES FROM NOVEMBER 15TH.
DO I HAVE A, CAN WE DO THOSE IN ONE FULL SWEEP OR DO WE NEED TO DO INDIVIDUAL
MAY I HAVE A, UM, UH, MOTION? THANK FOR THE APPROVAL OF THE 22 20 23 BOARD OF
I MOVE TO APPROVE THE 20 22 20 23, UH, BOARD OF ADJUSTMENT ANNUAL REPORT.
THAT MOTION, MR. CANON ALL FAVOR? AYE.
MOTION PASS UNANIMOUSLY, UM, APPROVAL OF THE PANEL B MINUTES NOVEMBER 15TH, MS. I MOVE TO APPROVE THE MINUTES FROM OUR LAST MEETING.
WE'LL NOW MOVE ON TO THE CASE, DOCKET AND ALL.
UM, ROLL CALL WILL BE, DO A ROLL CALL VOTE, UM, BY MS. WILLIAMS. ALL RIGHT.
LET'S MOVE, START WITH, UM, WE DO NOT HAVE ANY UNCONTESTED CASES TODAY, SO WE WILL START WITH OUR, UM, I GUESS WE'LL START, SHOULD WE START WITH THE WHOLE WE'LL, YEAH, WE'LL START WITH BD 2 2 3 DASH 1 11 93 41 CREOLE CREEK DRIVE.
DO WE HAVE ANY REPRESENTATIVES HERE TO TALK ABOUT 93 41 CREOLE CREEK DRIVE? PLEASE COME FORWARD.
IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN MS. WILLIAMS WILL SWEAR YOU IN.
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UH, I'M THE APPLICANT, UM, ON 93 41.I KIND OF WOULD JUST HEARD THE BRIEF
LET'S, WE NEED TO SWEAR YOU IN.
AND, UM, SO GO AHEAD AND DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT PLEASE.
PLEASE STATE YOUR NAME BEFORE PROCEEDING.
CAN I GO, UM, SO THIS MORNING I WAS JUST HEARING THE BRIEFING AND I KIND OF HEARD SOME CONCERNS THAT YOU GUYS HAD, UH, BASED ON WHY ON THIS PROPERTY THEY DID NOT JUST ADD TO THE MAIN STRUCTURE.
I JUST KIND OF WANTED TO ANSWER THAT AND, UH, MAYBE ANSWER ANY QUESTIONS YOU GUYS MAY HAVE TO THAT, BUT PRETTY MUCH JUST BECAUSE OF THE FLOODWAY EASEMENT, UH, IT DIDN'T HAVE ROOM PLUS 'CAUSE THERE'S A POOL.
IT'D BE KIND OF A AWKWARD, UM, DRIVEWAY APPROACH FOR A GARAGE.
UM, FOR FURTHER QUESTIONS FROM, UM, THANK YOU FOR COMING TODAY.
UM, MY QUESTION, I, I UNDERSTAND WHAT YOUR APPLICATION IS FOR IN TERMS OF A VARIANCE TO THE FLORIDA AREA RATIO BECAUSE OF THE CONSTRAINTS OF YOUR PROPERTY.
UM, I GUESS COULD YOU PLEASE ELABORATE ON YOUR FIRST REQUEST, WHICH IS A REQUEST FOR SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS? UM, THEY, THEY WANT TO ADD JUST, UH, OBVIOUSLY A ADDITIONAL DWELLING UNIT JUST FOR PERSONAL USE.
IT'S NOT GONNA BE USED FOR, UH, RENTAL.
UM, REASON WHY I HAVE NO IDEA.
IT'S JUST KIND OF WHAT THE HOMEOWNER WANTED.
UM, FOR PERSONAL USE, THEY HAVE A POOL IN THE BACK AREA, SO THAT'S KIND OF WHAT THEY WANTED.
CLOSER KITCHEN TO THE, TO THE, UM, TO THE POOL.
I, UH, I, I WON'T SAY THAT'S THEIR PERSON.
SO YOU ARE, YOU ARE, YOU ARE THE, YOU'VE SUBMITTED THE APPLICATION, BUT YOU'RE SUBMITTING ON BEHALF OF WHOM? THE HOMEOWNERS, WHICH WOULD BE EARL AND, AND BONNIE TOLD HER.
UM, SO I'M SORRY, CAN, CAN WE PULL UP THE PLANS OR CAN YOU ELABORATE ON THAT? THAT SECOND ON THE, UH, ADDITIONAL UNIT WE HAVE? I, UM, CAN YOU ELABORATE A LITTLE BIT ON, ON THE KITCHEN AND THE SPECIFICS? I'M, I, I BROUGHT A COPY OF IT FROM OKAY.
I GUESS I JUST KINDA WANNA UNDERSTAND, I KNOW IT'S, IT'S NOT GONNA BE FOR RENT, BUT WANNA KINDA UNDERSTAND THAT PIECE OF THE APPLICATION A LITTLE BIT FURTHER.
IS THERE ANYTHING SPECIFIC? UM, JUST WHY YOU, WHY YOU'RE REQUESTING IT, WHAT THE OH, THE REASON WHY WE'RE REQUESTING IT IS 'CAUSE OBVIOUSLY THE TWO'S A TWO STORY, UM, GARAGE IN THE BOTTOM, THEY WANT A CABANA AREA IN THE BOTTOM.
SO CABANA AREA, THEY JUST WANT IT FOR ENTERTAINMENT PURPOSES.
AND THEN UPSTAIRS THEY KIND OF WANT JUST, UH, THAT'S WHAT PRETTY MUCH THE ADDITIONAL DWELLING UNIT COME.
'CAUSE THEY HAD THE ADDITIONAL KITCHEN.
UM, THEY HAVE LIKE A BALCONY AREA.
UM, THEY JUST WANTED MORE LIKE HANGOUT PLACE.
UM, I, YOU KNOW, I COULDN'T, I COULDN'T REALLY ANSWER THOSE QUESTIONS.
I MEAN, IT'S NOT, THAT'S KIND OF JUST WHAT THEY WANTED.
UH, THIS IS, THIS IS A DRAWING WE CAME UP WITH AND IT WAS APPROVED BY THEM.
BUT, UH, CITY STAFF, CORRECT ME IF I'M WRONG, IF THEY DIDN'T HAVE A KITCHEN AND THEY WOULDN'T HAVE TO COME IN FRONT OF OUR BOARD, IS THAT CORRECT? SO I GUESS THAT'S WHAT WE NEED TO UNDERSTAND A LITTLE BIT MORE BECAUSE YOU WOULDN'T NEED TO COME UP FRONT OF OUR BOARD TO ASK FOR THIS, UM, SPECIAL EXCEPTION HA IF YOU DIDN'T HAVE A KITCHEN.
SO, YOU KNOW, IT'S, IT'S ON THE APPLICANT TO KIND OF PROVIDE, UH, YOU KNOW, THE BURDEN OF PROOF AS AS TO THIS.
AND LIKE I SAID, YOU WOULDN'T HAVE TO COME UP FRONT OF OUR BOARD IF YOU DIDN'T HAVE ONE OF, IF YOU ONLY HAD TWO OUTTA THREE COMPONENTS THERE.
UM, I DON'T REALLY, UM, WELL OBVIOUSLY THE, THE KITCHEN THAT'S, THAT'S KIND OF THEIR MAIN PURPOSE.
YOU'RE YOU'RE SAYING WHY, WHY DID THAT THEY WANT THE KITCHEN? YES.
I THINK FOR ENTERTAINMENT PURPOSES IS IT IS A VERY FAR DISTANCE FROM THE CABANA AREA TO THEIR MAIN HOUSE KITCHEN.
IT IS A VERY LONG DISTANCE TO KIND OF WALK THAT WAY.
THAT'S KIND OF SOMETHING SPECIFICALLY WHY THEY WANTED THAT.
IS THE KITCHEN GONNA BE ON THE FIRST FLOOR OR SECOND FLOOR? IT'S ON THE FIRST.
OH, ON THE, THE, THIS NEW BUILDING IS ON THE SECOND FLOOR.
SO, UH, WHAT IS THE USE GONNA BE? SO IT'S NOT FOR RENT AND WE'RE SAYING THE KITCHEN IS BEING USED AS FOR ENTERTAINMENT PURPOSES.
THEY WANTED MORE JUST KIND OF TO, LIKE SHE SAID FOR HER, SHE'S, I'VE BEEN HEARING FOR HER KID, YOU KNOW, HANGOUT SPOT, YOU KNOW, JUST THEY HAVE FAMILY OVER SOMETIMES, UH, STUFF LIKE THAT.
THEY KIND OF WANT 'EM JUST TO HAVE THEIR SEPARATE LITTLE SPACE AS WELL.
THEY DON'T SEE, THEY DON'T HAVE A LOT OF PEOPLE COME OVER, BUT THEY KIND OF JUST WANT TO BE ABLE TO ENTERTAIN COMFORTABLY IN THAT AREA AND WITH THEM NOT HAVING THAT MUCH ROOM 'CAUSE OF THAT PROPERTY 'CAUSE OF THE EASEMENT.
THAT'S, THIS IS WHAT PLAN WE KIND OF CAME UP WITH.
UM, I, I'M JUST, I MEAN I, I UNDERSTAND THE APPLICATION REQUEST
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FOR THE VARIANCE IN THE FLORIDA AREA RATIO.I'M JUST HAVING A HARD TIME GETTING THERE.
AND THE, ON THE SPECIAL EXCEPTION, UM, IT HAS A MINIMAL REQUIREMENTS FOR, I MEAN, A KITCHEN, IT'S, IT'S NOT LIKE A LAVISHED OUT KITCHEN OR ANYTHING LIKE THAT BECAUSE IF YOU DIDN'T HAVE THAT KITCHEN COMPONENT, THEN YOU WOULDN'T NEED TO COME IN FRONT OF OUR BOARD.
UM, AND WE HAVEN'T REALLY BEEN ABLE TO, WE HAVEN'T REALLY MADE A CASE ON THE NECESSITY OF HAVING THAT KITCHEN OR HAVING OR NEEDING THIS SPECIAL EXCEPTION.
LIKE I SAID, THEY JUST KIND OF WANTED TO BE ABLE TO, YOU KNOW, NOT, LIKE I SAID, IT'S FAR DISTANCE FROM THE KITCHEN TO THE POOL AREA, FROM THE MAIN HOUSE KITCHEN, I MEAN CHAIR GBA.
UM, WITH RESPECT TO THE ADDITIONAL DWELLING UNIT, UM, IT'S NOT GONNA BE USED AS A RENTAL ACCOMMODATION, RIGHT? IT'S NOT.
ARE YOU AWARE OF ANY EVIDENCE THAT IT'S GONNA ADVERSELY AFFECT NEIGHBORING PROPERTIES? NO.
ARE ARE, ARE YOU AWARE THAT THERE ARE SIX LETTERS IN SUPPORT OF THIS APPLICATION? YES.
ARE THERE OTHER QUESTIONS AHEAD? UM, I DO JUST HAVE ONE MINOR QUESTION, MR. MONTEREY.
UM, SO FOR THE PLANS THAT WE'RE REVIEWING HERE, AND I'M JUST ALSO LOOKING AT THE EXISTING SITE PLAN, IS THE INTENTION TO COMPLETELY REMOVE THE EXISTING GARAGE AND THIS IS COMPLETELY NEW CONSTRUCTION OR IS THIS MODIFYING THAT EXISTING GARAGE? WE ARE DEMOLISHING THAT, THAT CURRENT GARAGE THAT THEY HAVE, IT'S A VERY SMALL, DOESN'T EVEN, IT'S LIKE THAT THE, THE CURRENT ONE THAT'S THERE, IT'S UH, THEY JUST KIND OF MADE IT LOOK BETTER WITH THEY PAINTED IT, BUT IT REALLY DOES JUST HAS NO POWER, HAS IT'S INUS.
THEY CAN'T EVEN PARK THEIR VEHICLES IN IT.
AND THEN, UM, GUESS ONE OTHER, THIS ANGLE OF THE CONDITION CABANA AND CAL BALCONY SPACE, IS THAT INFORMED BECAUSE OF THE, I GUESS WHAT'S, HOW IS JUST THE SITE CONDITIONS BECAUSE OF THE, YOU MEAN ON THE BACK END? YES.
UH, IT'S BECAUSE OF THE POOL AREA.
IT'S GONNA BE KIND OF, IT'S GONNA KIND OF GET CLOSE TO THE POOL, BUT ON THAT ANGLE IT'S GONNA BE FACING THE POOL.
AND THEN JUST ONE MORE QUESTION HERE, SINCE THIS ISN'T, THE INTENT ISN'T FOR A RENTAL UNIT, WHY WASN'T THE LIVING SPACE OR I GUESS THE CONDITION SPACE PUT ON THE FIRST FLOOR AS OPPOSED TO RAISING IT UP TO THE SECOND FLOOR? OKAY.
BECAUSE THAT'S, I THINK JUST LOOKING AT THIS, UM, INTO MS. LAMB'S QUESTION AS FAR AS THE, THE, THE KITCHEN AREA, UM, IF IT'S, IF IT'S MORE JUST A, LET'S SAY LIKE A, A CONDITION SPACE NEXT TO THE POOL, UM, SEEMS LIKE AN AWFULLY LARGE STRUCTURE TO MEET JUST A CONDITION SPACE BY THE POOL.
UM, THEY, THEY KIND OF, THEY, THEY THOUGHT ABOUT THAT, BUT THEY DON'T HAVE THE ROOM WITH THE EASEMENT AND THE POOL BEING THERE.
IF, IF WE WERE TO EXTEND UP FORWARD, IT WOULD JUST REDUCE THEIR DRIVEWAY SPACE IF YOU COULD SEE IN THERE THROUGH THE SITE PLAN.
MY, IT'S NOT ABOUT BRINGING THE GARAGE FORWARD ON THE PROPERTY, BUT IT'S JUST BRINGING IT DOWN TO THE CABANA AREA.
UM, THEY KIND OF WANTED IT SEPARATE, YOU KNOW, CABANA AREA MORE LIKE JUST KIND OF LEEWAY.
THEY WANTED TO BE ABLE TO GO UPSTAIRS OR SEPARATE FROM THAT TO KIND OF LIKE COOK THEIR MEALS OR STUFF LIKE THAT.
THEY JUST DIDN'T WANT TO BE FELT CRAMMED IN.
AND I GUESS THE ONLY WAY THEY, THEY FELT THEY CAN DO THAT IS BUILDING A SECOND STORY TO THAT AND THAT WAY IT'S KIND OF SEPARATE OF THAT.
THE BOTTOM PART'S, THE CABANA AREA.
SO THEY KIND OF WANTED TO BE MORE, FEEL LIKE A POOL AREA, UH, SEPARATE FROM THE KITCHEN.
I GUESS, AND, AND NOT TO NITPICK AT THIS, BUT IF THIS WAS A CONDITION, UM, CABANA, SO HOLD ON.
SO THIS GROUND FOR A CONDITION CABANA, I GUESS THE PART THAT YOU'RE SAYING, OKAY, THEY WANT AN AREA TO COOK AND I MEAN, COULD THAT HAVE BEEN ACHIEVED THROUGH A BUILT-IN GRILL ON THE GROUND FLOOR? UH, WE THOUGHT ABOUT THAT EVEN FOR OUTDOOR KITCHEN.
UM, BUT THEY KIND OF WANTED AC CONDITION, THEY WANTED TO BE ABLE TO HAVE IT AC SO I MEAN I I I THINK THAT WOULD JUST BE A BETTER AREA JUST TO HAVE IT AC UNDER AC.
I MEAN, DO YOU THINK THAT THEY'RE GONNA HAVE IN-LAWS OR GUESTS THAT LIVE THERE? 'CAUSE I MEAN, IT'S GOT A WASHER AND DRYER, THE KITCHEN'S UPSTAIRS, UM, THEY'RE JUST TRYING TO MAKE USE OF THE SPACE, UH, MAYBE FOR GUESTS, BUT, YOU KNOW, THEY'RE VERY ADAMANT.
I MEAN, THEY DON'T NEED TO RENT THIS PROPERTY.
UM, THEY'RE VERY ADAMANT JUST THEIR IN-LAWS COMING IN JUST BEING SEPARATE FROM THE HOUSE.
SO HOW LONG ARE THESE IN-LAWS STAYING? I MEAN, I, I RARELY EVER SEE, NO, IT'S, IT, I GUESS IT'S JUST HARD.
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HER, HER PARENTS LIVE OUT OUT OF STATE, SO I MEAN OKAY.IT'S NOT SOMETHING THAT'S GONNA BE CONTINUOUSLY, THEY'RE GONNA USE, MAKE MORE USE OF THIS DURING THE SUMMER.
OBVIOUSLY THERE WOULD BE RESTRICTIONS ON, ON RENTAL YES.
IF WE WERE TO APPROVE THIS, BUT RARELY EVER DO WE SEE THESE TYPE OF APPLICATIONS ALSO PARTNER WITH, WITH A, YOU KNOW, A FULL, OBVIOUSLY WE HAVE A KITCHEN, BUT ALSO THE LAUNDRY IS KIND OF A RED FLAG FOR ME.
IT ALMOST SPEAKS THAT SOMEBODY'S GONNA BE HERE ON A LONGER TERM BASIS.
AND I'M HEARING THE ARGUMENT THAT'S BEING MADE IS THAT, YOU KNOW, WE'RE WANTING TO ADD THIS KITCHEN COMPONENT BECAUSE IT, YOU KNOW, IT EASIER ACCESS TO, TO HOST SOCIAL ACTIVITIES WITH A POOL, BUT YET THE KITCHEN'S ON THE SECOND FLOOR.
UM, AND IF YOU DIDN'T HAVE A KITCHEN COMPONENT OR DIDN'T HAVE A A BEDROOM COMPONENT, THEN YOU COULD COME HERE, BUT YOU WOULDN'T HAVE TO COME IN FROM THE BOARD AND ASK OUR PERMISSION.
SO THESE ARE JUST GRAY AREAS FOR ME THAT I JUST BECAUSE THEY WANT WANT IT.
I MEAN, WE ARE AWARE THAT IT'D BE DE RESTRICTED.
SO THERE'S OTHER WAYS TO, TO GET WHAT YOU WANT HERE WITHOUT HAVING, BECAUSE THE, THE THING IS, IS THIS, YOUR APPLICATION RUNS WITH THE PROPERTY.
SO IF YOUR OWNER ENDS UP SELLING THE PROPERTY, YOU KNOW, IT, IT ENDS UP, IT RUNS WITH A LAND.
UM, AND IT'S SOUNDING LIKE THIS IS JUST A LOT OF I WANT INSTEAD OF, AND NOT REALLY THINKING OUT PLACEMENT OF THE KITCHEN BEING ON THE FIRST FLOOR.
IF IT'S REALLY TO AN ACCESSORY USE TO THE POOL AND ENTERTAINMENT SPACE, YOU WASHER AND DRYER ON THE SECOND FLOOR, YOU KNOW, EVEN THOUGH IT'S DE RESTRICTED, WE'RE HAVING TO PUT SOME TRUST IN YOU AND YOUR CLIENT THAT THEY'RE NOT GONNA BE USING IT FOR, FOR RENTAL PURPOSES WITH THE WAY THAT IT'S BEING DRAWN.
UM, UH, UTILITY ROOMS COULD BE ACCURATE.
IT'S JUST, WE JUST THOUGHT IT GO WITH THE KITCHEN, YOU KNOW, WITH IT BEING.
AND ARE THERE ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU VERY MUCH.
ARE THERE ANY OTHER SPEAKERS ON THIS? NO OTHER SPEAKERS MAY DO I HAVE A MOTION FOR, WE HAVE TWO MOTIONS HERE.
ONE FOR A SPECIAL EXCEPTION FOR THE SINGLE FAMILY REGULATIONS AND ONE FOR A VARIANCE.
THE FOUR AREA I CAN MAKE THE MOTION.
MR. FKI, UH, I MOVE, UH, SO I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUESTS NUMBER BDA 2 2 3 DASH ONE ON APPLICATION OF ANDY MONROY GRANT REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT ON THE SITE, DEVELOP A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE BECAUSE ON OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS, UH, THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALLMAN'S PLANS ARE REQUIRED.
THE APPLICANT MUST DE RESTRICT THE SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL BILLING UNIT AS RENTAL ACCOMMODATIONS.
SECOND, MS. RUS, I MADE THE MOTION BECAUSE I MEAN, THE STANDARD FOR THE SPECIAL EXCEPTION IS THAT IT NOT BE USED FOR RENTAL ACCOMMODATIONS AND NOT AFFECT NEIGHBORING PROPERTIES.
AND THEY'VE PROVED, PROVEN THAT POINT.
THEY'VE GOT SIX LETTERS IN SUPPORT AND THEY'RE GONNA DE RESTRICTED AND BEYOND THAT, I DON'T SEE THAT WE HAVE ANY PURVIEW TO, UM, UH, OVER ANYTHING IN REGARDS TO THIS.
MS. LIAM? UM, I AM LEANING TOWARDS APPROVING THE SECOND PART OF THIS APPLICATION.
I AM NOT FULLY CONVINCED THAT THE APPLICANT MADE, UM, MADE THEIR CASE IN, IN TERMS OF WHY WE SHOULD APPROVE THIS.
UM, THE APPLICANT, UM, SPOKE TO THE FACT THAT THEY DON'T NEED A KITCHEN AND IT'S JUST A DESIRE OR WANT.
I HAVE CONCERNS THAT THERE'S A LAUNDRY ROOM COMPONENT AND A BEDROOM.
UM, IF IT'S JUST A PLACE FOR THEIR IN-LAWS TO STAY, THEY CAN ACHIEVE IT WITHOUT THE SPECIAL EXCEPTION.
AND I HAVE CONCERNS THAT IT RUNS WITH LAND EVEN IF IT'S DE RESTRICTED, UM, WITH, WITH THE LAYOUT AND DESIGN HERE.
UM, SO FOR THAT REASON, I WILL NOT BE APPROVED.
UM, CAN WE TAKE A VOTE, MS. LAMB? A MR. KOWSKI? AYE.
AND WE HAVE ANOTHER MOTION ON THIS CASE, WHICH IS A VARIANCE.
THE FLOOR AREA RATIO REGULATIONS.
DO I HAVE A, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 2 3 DASH ONE ON APPLICATION ANDY MONROE GRANT THE 266 SQUARE FOOT VARIANCE TO THE FLOOR AREA RATIO 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 LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP TO THIS APPLICANT.
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FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE.COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SMITH INSIGHT PLANS ARE REQUIRED.
I JOE CANNON SECOND THAT MOTION.
DO WE HAVE ANY DISCUSSION WITH MS. I MOVE TO APPROVE, UM, THIS APPLICATION BECAUSE THE APPLICANT MADE THE CASE IN TERMS OF THE, UM, THE CONSTRAINTS OF THE PROPERTY, GIVEN THE EASEMENT AND, UH, EASEMENT REGARDING FLOOD ZONE AND HOW THEY CAN PROPERLY DEVELOP THIS PROPERTY, THEY FELT THAT IT WAS ONLY APPROPRIATE FOR US IN, IN ORDER THE APPLICANT TO BE ABLE TO DEVELOP THE, PROPERLY THE PROPERTY ACCORDINGLY TO GRANT THIS APPLICATION.
DO WE HAVE A VOTE OR CAN WE TAKE A ROLL CALL VOTE.
AND WE'LL NOW MOVE ON TO CASE BDA 2 2 3 DASH 12 19 14 ASHBY STREET.
IF WE HAVE ANYBODY HERE TO SPEAK ON THAT CASE, PLEASE COME FORWARD.
UM, MR. ROY, SO BOTH OF YOUR APPLICATIONS HAVE BEEN APPROVED SO YOU CAN STAY OR LEAVE YOU.
I, UH, WILL SWEAR YOU IN AND THEN YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
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.
I AM THE OWNER OF 1910 ASHBY STREET, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
UH, MY CURRENT ADDRESS, IT'S, UH, UM, IS THE MICROPHONE ON? OH YEAH, IT'S, MY NAME IS NASH CHASSIS.
UH, MY CURRENT ADDRESS IS 2250, UH, ACACIA DRIVE FROM ROCKWELL, TEXAS.
SIR, CAN YOU SPEAK INTO THE MICROPHONE AND SPEAK UP PLEASE? OH, I'M SORRY.
MY NAME IS NASH CHASSIS AND MY CURRENT ADDRESS IS 2250 ACACIA DRIVE IN ROCKWALL, TEXAS.
UM, I AM HERE TODAY TO, IN REGARDS TO THE, UH, VARIANCE FOR 1914 NASH U UM, CLEARLY WE HAVE A RESTRICTIVE SIZE OF THE OF LOT BECAUSE OUR LOT IS 45 FEET WIDE, UH, AS A RESULT OF, OF
UM, TYPICAL LOTS IN THE AREA AS, AS ARE SHOWN IN THE SUPPORTING DOCUMENTATION.
UH, THE OTHER LOTS ARE 50 FOOT WIDE.
UM, BUT AS A RESULT FOR US, BECAUSE WE HAVE A 40 FOOT WIDE LOT, WE ARE UNABLE TO DEVELOP THE LOT COMMENSURATE WITH OTHER LOTS THAT ARE IN THE AREA FOR A, UM, MULTI-FAMILY PROPERTY, WHICH IS WHAT THE, THE, UM, THE ZONING IS FOUR FOR THE LOCK.
SO I AM ASKING THE BOARD TODAY TO GRANT, UH, THIS VARIANCE, UM, AS THIS I HAVE A RESTRICTIVE SHAPE AND RESTRICTIVE SIZE AS WELL.
UM, SO CAN YOU, UM, SPEAK TO YOUR RELATIONSHIP TO THIS PROPERTY? I AM THE DEVELOPER.
UM, THERE'S BEEN SOME CONCERNS FROM THE NEIGHBORS THAT WE'VE RECEIVED WRITTEN LETTERS IN REGARDS TO, UM, FLOODING OR RUNOFF.
AT WHAT POINT HAVE, IF ANY, HAVE YOU DONE ENGINEERING TO DETERMINE THE IMPACT OR GRADING PLAN FOR THIS PROJECT? WELL, WE WILL BE, ONCE WE OBVIOUSLY SUBMIT, UM, UH, OUR, OUR APPLICATION TO GO THROUGH, UH, UH, BUILDING INSPECTION, IT WILL, IT'LL GO THROUGH A FULL ENGINEERING REVIEW, WHICH WILL ACCOUNT FOR ANY RUNOFF FROM THE PROPERTY.
UM, SO THAT WILL BE ACCOUNTED FOR.
WHAT SORT OF DUE DILIGENCE HAVE YOU DONE WITH THE NEIGHBORS? AND THERE'S QUITE A, A FEW LETTERS OF, UM, COMPLAINTS ABOUT THIS, UM, PROJECT.
HAVE YOU REACHED OUT TO THE NEIGHBORING PROPERTY, PROPERTY OWNERS DONE THE DUE DILIGENCE THERE? UH, YES, WE HAVE,
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WE HAVE SPOKEN TO SOME NEIGHBORS.UM, AND, AND AGAIN, I THINK AS FAR AS THIS PARTICULAR SITE, UM, THE, THIS WHOLE AREA HAS NEW CONSTRUCTION, SIMILAR PRODUCT.
WE DEVELOP QUITE A FEW PROPERTIES IN THE AREA.
UM, WE ARE WITHIN THE, YOU KNOW, THE, WE YOU SAID THAT THE ZONING ORDINANCE AND THE ZONING RESTRICTIONS WE'RE MEETING ALL THE RESTRICTIONS.
OUR ISSUES JUST THE ALLEY RUNNING THE SIDE OF THE BUILDING HAVE, BUT YOU LOOKED AT, UM, WHAT YOU COULD BUILD BY RIGHT HERE IF THIS VARIANCE WAS NOT GRANTED.
UH, THE ONLY OPTION WOULD BE A SINGLE FAMILY PROPERTY REALLY.
UM, AND, YOU KNOW, IT'S JUST, AGAIN, WE FEEL LIKE, UM, BECAUSE WE, WE, IT IS ZONED MULTIFAMILY, IT'S NOT ALLOWING FOR THAT FOR US TO BE ABLE TO BUILD MULTIFAMILY AS WITH OTHER PROPERTIES THAT ARE AROUND THE AREA.
SO IF IN YOUR, IN YOUR OPINION, IF THIS IS, IF THIS REQUEST IS NOT GRANTED, THEN YOU WOULD HAVE TO GO GET THE PROPERTY REZONED TO ALLOW YOU TO BUILD A SINGLE FAMILY DWELLING.
IS THAT RIGHT? WE WOULD'VE TO GO THROUGH A WHOLE RELA PROCESS, CORRECT? YES, WE WOULD, WE WOULD REPL A REZONE.
WW WELL IT WOULDN'T BE A REZONE.
UM, BUT WE WOULD HAVE TO, IN ORDER FOR US TO DO A SINGLE, I MEAN A SINGLE FAMILY PROPERTY, WE WOULD HAVE TO GO THROUGH A SAME, YOU KNOW, WE WOULD HAVE TO REPL IT NOT A REASON BECAUSE UNDER MULTI-FAMILY, YOU CAN BUILD, UH, A SINGLE FAMILY PROPERTY.
UM, IT'S NOT POSSIBLE FOR YOU TO BUILD A MULTI-FAMILY PRODUCT THERE THAT'S JUST SMALLER FOOTPRINTS WITHOUT THIS APPLICATION? YES, I WOULDN'T, I WOULDN'T BE ABLE TO BUILD THE MOTA DOMINATED PART.
HOW MANY NEIGHBORS DID YOU SPEAK TO ON THIS AND WHAT, WHAT SORT OF OUTREACH? WE SPOKE TO SEVERAL NEIGHBORS AROUND THE AREA.
WE ACTUALLY HAD A, A PETITION, UH, THAT WE HAD.
UH, BUT UNFORTUNATELY WE'RE NOT ABLE TO SUBMIT IT, UH, AT THE TIME.
UH, BUT WE DID GO AND GET SOME SIGNATURES FROM PEOPLE.
DO YOU HAVE THAT WITH YOU NOW? I I DON'T HAVE IT WITH ME UNFORTUNATELY, BECAUSE WE'RE TOLD THAT IT, IT WASN'T, IT DIDN'T MEET THE PARAMETERS FOR SUBMISSION, AT LEAST AT THE TIME WE DID IT.
SO, UM, CAN CITY STAFF SPEAK TO THAT? I'M ASSUMING HE'S SPEAKING.
UM, I'M NOT SURE WHO IT WAS THAT CAME BY AND THEY JUST GAVE ME A PIECE OF PAPER, UM, BUT IT DIDN'T HAVE ANY OTHER INFORMATION ON IT.
SO IF I, I'M ASSUMING HE SAID THE PACKET GOT MIXED UP AND THAT'S THE ONLY PAPER HE HAD? I, I BELIEVE SO, YEAH.
BUT THERE WAS NO INFORMATION TO SUBMIT WITH THAT, SO HE JUST TOOK IT BACK AND SAID THAT HE WAS GONNA REWRITE IT AND SEND IT BACK, BUT I NEVER RECEIVED ANY.
UM, HOW MANY LETTERS OF OPPOSITION DO WE HAVE ON THIS
HAVE YOU MADE, HAVE YOU MADE CONTACT WITH THE, WITH THE THREE THREE, UM, PROPERTY OWNERS THAT HAD SUBMITTED
WE HAD, I THINK UP TO THE TIME WE, UH, WE HAD SUBMITTED, WE WERE NOT AWARE THAT WE HAD OPPOSITION BILL ACTUALLY.
SO I DON'T KNOW IF, AS OF, I THINK ON THE TIME THE DOCKET WAS SENT IN, IT SHOWED IT WAS STILL AN UNCONTESTED CASE, SO WE WERE NOT AWARE THAT THERE WAS, YOU KNOW, OPPOSITION.
SO YOU HAVE LETTERS OF OPPOSITION AT 4, 4 0 7 MUNGER, TWO AT 4, 4 0 7 MUNGER AND 19 IT LOOKS LIKE.
SO IT LOOKS LIKE A LITTLE BIT MORE DUE DILIGENCE IS NEEDED WITH, WITH SOME OF THESE NEIGHBORS, IN MY OPINION.
ARE THERE ANY OTHER QUESTIONS FOR THIS APPLICANT? UM, ONE MORE, IF, IF YOU WERE, IF THIS BOARD WERE TO GIVE YOU MORE TIME, UM, TO DO COMMUNITY OUTREACH, DO YOU THINK THAT'S SOMETHING THAT YOU WOULD BE ABLE TO ACHIEVE AND WILLING TO DO? I MEAN, WE COULD, BUT I DO THINK THAT, I MEAN, AS IT STANDS, THIS IS JUST OKAY.
I DO THINK THAT AS IT STANDS, WE HAVE A REALLY STRONG CASE BASED ON THE FACT THAT WE DO HAVE AN ALLEY.
ALL THE OTHER PROPERTIES HAVE THESE ALLEYS.
LIKE WE, OUR LOT SIZE WAS RESTRICTED BECAUSE OF THE ALLEY THAT WAS IN PLACE.
AND SO WE, IF IF WE, IF WE DIDN'T HAVE THE ALLEY SITUATION, I JUST WANNA EXPLAIN ON THAT.
IF WE DIDN'T HAVE THE ALLEY SITUATION BY RIGHT, WE COULD BUILD THE PRODUCT RIGHT AND WOULD HAVE A 10 FOOT SETBACK, A SIDE YARD SETBACK WITH THE ALLEY, WE ACTUALLY END UP HAVING A 15 FOOT SETBACK BECAUSE OF THE, OF THE SPACE IN BETWEEN THERE.
THERE'S JUST A COMPONENT HERE, MAKING SURE THAT YOU KNOW THAT THIS IS NOT CONTRARY TO PUBLIC INTEREST AND THAT, I MEAN, YOU CERTAINLY MAKE A STRONG CASE REGARDING, UM, YOU KNOW, YOUR LIMITATIONS TO THE PROPERTY AND YOUR ABILITY TO DEVELOP THE PROPERTY.
BUT AS A BOARD MEMBER HERE, PART OF WHAT MY JOB IS TO MAKE SURE THAT WHAT WE APPROVE OR, OR DENY WHAT WE APPROVE IS, IS NOT CONTRARY TO PUBLIC INTEREST.
SO THAT IS A, A PIECE THAT YOU HAVE NOT, IN
[00:30:01]
MY OPINION, ACHIEVED TODAY.THAT'S WHY I ASKED IF YOU WERE GRANTED MORE TIME, DO YOU THINK THAT YOU WOULD BE WILLING AND ABLE TO REACH OUT TO THOSE THAT HAVE FILED LETTERS OF OPPOSITION AGAINST THIS PROJECT? WE COULD.
ANYTHING ELSE FROM MS. APPLICANT? OKAY.
ARE THERE ANY OTHER SPEAKERS IN, UM, IN SUPPORT OF THIS APPLICATION? NO, THE SPEAKERS.
DO WE HAVE ANY SPEAKERS IN OPPOSITION? YES.
MR. FIDEL ILLA, DID YOU MOVE TO SWEAR ME ANYTHING? YES.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE PROCEED WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY NAME IS FIDEL CILLO, I'M THE OWNER OF THE PROPERTY OF 1910 ASHBY, DALLAS, TEXAS 7 5 2 0 4.
UM, I AM ALSO OPPOSED TO THE DEVELOPMENT OF THIS PROPERTY.
I, I LIVE ADJACENT TO THE PROPERTY HE'S TALKING ABOUT.
I, I'VE NEVER MET THE GENTLEMAN.
I, I DON'T THINK HE'S EVER REACHED OUT TO ME.
UM, HIS APPLICATION DEALS WITH A HARDSHIP.
I GUESS HIS ARGUMENT IS A HARDSHIP THAT HIS PROPERTY ISN'T THE REGULAR SIZE.
MY PROPERTY SIZE IS COMPARABLE TO HIS AND I HAVE A SINGLE FAMILY UNIT IN MY HOUSE WITH NO ISSUE AT ALL.
UM, MY PROPERTY IS COMPARABLE TO HIS, TO THE PROPERTY, HIS SIDE.
MY PROPERTY ACTUALLY RUNS AGAINST THAT ALLEY AS WELL.
UM, PULL UP A PICTURE OF, UM, ARE, ARE YOU THE, YOU'RE, IF I WAS LOOKING AT THE PICTURE, YOU'RE THE HOUSE TO THE RIGHT.
I THINK YOU GUYS CALLED IT A DUPLEX, BUT IT'S ACTUALLY A SMALL FAMILY.
CAN WE PULL THAT PICTURE UP? SO THERE, I I DON'T BELIEVE THERE IS ANY HARDSHIP TO HIS PROPERTY.
I THINK THEY JUST FAILED TO DO THE DUE DILIGENCE WHEN THEY INITIALLY PURCHASED THE PROPERTY AND THEY DIDN'T SEE THAT THE ALLEY WAS THERE.
I, IT TOOK ME FIVE MINUTES TO GO DOWN TO PULL UP A MAP AND, AND YOU CAN SEE THERE'S AN ALLEY THERE.
SO I THINK, WELL, I BELIEVE THAT THEY, THEY'RE JUST TRYING TO PUT A PIECE OF A UNIT IN THERE TO MAXIMIZE THEIR, THEIR PROFITS.
UM, AND THAT, THAT PROPERTY ISN'T REALLY SUITED FOR THAT.
IT'S, IT'S MORE SUITED FOR A SINGLE D DWELLING, WHICH USED TO BE THE WHOLE NEIGHBORHOOD.
I, I'M THREE GENERATIONS INTO THIS NEIGHBORHOOD, SO I, I THINK I CAN SPEAK A LITTLE BIT ABOUT THAT.
UM, SINCE YOU'VE LIVED THERE FOR THREE GENERATIONS, WAS IT, WAS IT ALWAYS KIND OF MULTI-FAMILY? SINGLE FAMILY? UM, BUT ON THE SMALLER LOTS IT WAS SINGLE FAMILY AND ON THE LARGER LOTS FOR THE MULTI-FAMILY, IT'S, IT'S ALL BEEN SINGLE FAMILY.
YOU EVEN SEE MY LOT, MY LOT IS A PRETTY BIG LOT.
IT'S JUST I HAVE A 800 SQUARE FOOT HOUSE.
UM, I DON'T THINK THAT'S MUCH.
THAT'S, I DON'T THINK THAT'S THE CASE.
YEAH, THAT'S, THAT'S, THAT'S THE WRONG CASE GUYS.
SPEAKING OF TO BEING MULTI-GENERATIONAL THOUGH I HAVE, I HAVE SEEN THE FLOOD ISSUE THAT MY NEIGHBORS HAVE COMPLAINED ABOUT.
I, I'VE GONE FROM A NO FLOOD PLAIN ZONE IN THE LAST 15 YEARS TO BEING IN A FLOOD PLAIN ZONE.
ANYTIME IT RAINS WITH ANY KIND OF SEVERITY, UH, MY HOUSE IS IN DANGER OF GETTING FLOODED JUST BECAUSE THERE IS, THERE'S SO MUCH MASS NOWADAYS.
UH, EVERYBODY'S TRYING TO MAXIMIZE AND BUILD THESE, THESE WHAT I CALL SHOEBOX UNITS HERE, AND THEY'RE LEAVING NO SPACE FOR, FOR RAINFALL.
OUR, OUR, OUR STREET GETS SHUT OFF AND ONE OF MY CARS ACTUALLY GOT DAMAGED IN THE LAST RAINSTORM.
IT, IT GOT TOTALED BECAUSE IT GOT FLOODED.
UM, SO IN CASE YOU MISS THE, UH, UH, MR. NAVARRO'S RECOMMENDATION, MAKE SURE THAT YOU AND YOUR NEIGHBORS ARE CALLING 3 1 1 AND REPORTING THAT.
I, I, I'D LIKE TO SAY, I'D LIKE TO SAY IT'S EFFECTIVE, BUT WE, WE CALL AND NOTHING EVER HAPPENS.
I BUT, BUT AT LEAST IT'S ON RECORD AND WE CAN, AND THEN I WOULD RECOMMEND CALLING YOUR COUNSEL PERSON AND MAKING SURE HE'S, HE'S MY BEST FRIEND,
YEAH, I THINK WE'RE STILL LOOKING FOR THE PICTURE.
UM, ADDITIONALLY, UM, HIS, THE DRAWINGS QUITE, UH, I DID A LITTLE DEEP DIVE INTO THE DRAWINGS AND THE DRAWINGS THEY ARE PROVIDED AREN'T QUITE ACCURATE.
IT, IT LOOKS TO BE THAT THEY'RE ACTUALLY VIOLATING THE, THE 10 FOOT BY ANOTHER FOOT OR SO IF YOU DO THE MATH, THAT IS MY, MY PROJECT IS THAT CORNER LOT RIGHT THERE DOWN ON THE SOUTHEAST CORNER.
I HAVE THAT LITTLE HOUSE THAT'S ADJACENT TO THE ALLEY.
AND THEN I HAVE THE BIG LOT THAT, THAT CROSSES MUNGER AND ASHBY RIGHT THERE.
[00:35:02]
SO WE HAVE A PICTURE OF, UH, LIKE A STREET VIEW BESIDE THAT OR, NO, THAT WAS IT.ARE THERE ANY QUESTIONS? YES, SIR.
UM, I DO HAVE A COUPLE OF QUESTIONS.
SO, UM, JUST MORE JUST LOOKING BY THIS AERIAL VIEW HERE.
UM, IT LOOKS LIKE, I MEAN THAT, AND ACTUALLY I'M FAMILIAR WITH THIS AREA, THAT THERE IS A LOT OF CONSTRUCTION OF THESE TYPES OF PROJECTS.
UM, I MEAN, HAS THERE BEEN ANY PREVIOUS EFFORT ON YOUR PART OR OTHERS IN THE, THE NEIGHBORHOOD? UM, AS FAR AS THIS POSITION, IS IT, I'M TRYING TO, I GUESS BRING IT TO THE FACT THAT, UM, I HEAR THE CASE THAT YOU'RE MAKING AS FAR AS YOU'RE A SINGLE FAMILY PROPERTY, BUT JUST LOOKING AT THE CONTEXT OF THIS IMAGE AND KNOWING THAT THERE'S A LOT OF THESE MULTI, THERE'S MORE MULTIFAMILY DEVELOPMENTS ACTIVELY UNDER CONSTRUCTION NOW, UM, THAT WHAT, YOU KNOW, THERE'S, THERE'S A LOT OF PRECEDENT FOR THESE TYPES OF PROJECTS HERE.
SO OUTSIDE OF THE FLOODING, I MEAN, HAVE THERE BEEN ANY OTHER INITIATIVES ON YOUR PART OR THOSE IN THE COMMUNITY AGAINST THESE PROJECT OR FOR THESE PROJECTS? THERE HAVE BEEN, UH, I DON'T THINK THEY'RE VERY SUCCESSFUL.
I THINK, YOU KNOW, MONEY TALK, IF YOU WILL, RIGHT.
DEVELOPMENT TALKS, UH, WE'VE, WE'VE DONE SOME, UH, PROTESTS, BUT NOTHING EVER COMES WITH THEM.
SO THAT'S WHY I'M KIND OF HERE UP.
I DON'T LIKE TO SPEAK IN FRONT OF PEOPLE TO BE HONEST WITH YOU, BUT I, AT SOME POINT YOU HAVE TO SAY ENOUGH IS ENOUGH.
AND IF HIS ARGUMENT IS SAYING THAT HE CAN'T BUILD HIS HUGE CONDO GEAR, UH, WHY CAN'T HE PUT A MULTI-FAMILY OR A SINGLE FAMILY UNIT, MAYBE A DUPLEX UNIT THERE.
I MEAN, MY LOT IS COMPARABLE IN SIZE TO HIS, ACTUALLY MY LOT IS MAYBE TWO FEET LONGER.
UH, THAT'S MAY FALL UP WITH ANOTHER QUESTION LATER, BUT THAT'S THE QUESTION I HAVE FOR NOW.
ANY OTHER QUESTIONS FOR THE SPEAKER? OKAY, ARE THERE ANY OTHER SPEAKERS? NO, THERE'S SPEAKERS.
AND NOW, UM, WE, THE, UH, APPLICANT HAS A THREE, BUT
THAT WAS, IF YOU HAVE, IF YOU HAVE ANY OTHER QUESTIONS FOR THE APPLICANT OR ARE WE GOOD? ALRIGHT.
UM, THEN DO I HAVE, OH, DO I JUST WANTED TO ADD THE, UH, THE UM, OPPONENT IS SAYING THAT HE HAS THE SAME SETBACKS, BUT HE DOESN'T, IF HE'S SAYING IT'S A SINGLE FAMILY, HE HAS A ZERO SETBACK, SO HE CAN'T EXPLAIN A ZERO SETBACK.
HE'S COMPARING, HE'S COMPARING THE SINGLE FAMILY ZONING REGULATIONS TO THE MULTIFAMILY NO, NO, NO, NOT ZONING REGULATIONS, BUT SETBACK REGULATIONS.
SINGLE FAMILY WOULD BE A ZERO AND MULTIFAMILY IS A 10.
I WASN'T COMPARING, I'M JUST SAYING.
ARE THERE, DO WE HAVE ANY QUESTIONS FOR ANYBODY BEING SPOKEN? OKAY.
DO WE HAVE A MOTION SLAM? I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 2 3 DASH 12 THIS MATTER UNDER ADVISEMENT UNTIL, DO WE HAVE A HEARING IN JANUARY? JANUARY 17TH, 2024.
UM, I THINK THAT THE APPLICANT MADE A CASE IN TERMS OF THE, UM, CONSTRAINTS HE HAS BASED ON, UM, HIS PROPERTY TO DEVELOP A MULTIFAMILY IS ALLOWED BY, RIGHT.
UM, I DO, I'M NOT ENTIRELY COMFORTABLE WITH THE LACK OF WORK THAT HE'S DONE TO, UM, ENSURE THAT'S NOT CONTRARY PUBLIC INTEREST.
I DO BELIEVE THAT THE APPLICANT AND THOSE THAT HAVE FILED LETTERS OF OPPOSITION CAN COME TOGETHER ON THIS.
UM, AND I'D LIKE TO SEE GIVE THE APPLICANT A LITTLE BIT MORE TIME TO DO THAT DUE DILIGENCE AND COME BACK IN JANUARY, UM, ONCE HE'S ENGAGED WITH THE NEIGHBORS FURTHER.
IF, IF THERE WASN'T THE, THAT NEIGHBOR SPEAKING OUT ON THIS, I THINK IT'S PRETTY CLEAR THAT THIS IS NOT CONTRARY TO THE PUBLIC INTEREST.
AND HERE I I'M FORCED TO WEIGH, UH, I THINK IT INTERESTS IN CREATING MORE HOUSING IN DALLAS VERSUS THE INTEREST OF THE PERSON WHO IS GOING TO BE DIRECTLY AFFECTED BY IT.
UM, UH, I THINK THERE NEEDS TO BE A CONVERSATION BETWEEN THE DEVELOPER AND THE NEIGHBOR.
I, IT'S, IT'S, IT'S YOUR BUSINESS, BUT THE PERSON WHO'S MOST
[00:40:01]
AT STAKE HERE IS, IS THAT NEIGHBOR AND I, I DON'T KNOW HOW I'D VOTE IF WE HAD TO VOTE TODAY AND WE, I MIGHT FIND OUT.UM, BUT, BUT NOT TALKING TO THE ONE PERSON THAT BEARS THE MOST TO ME ON BEING CONTRARY TO PUBLIC INTEREST IS, IS IMPORTANT HERE.
I'M USUALLY LOATHED TO HOLD THESE THINGS UNDER ADVISEMENT.
I KNOW THAT Y'ALL ALL CAME HERE TODAY TO HAVE THIS DECIDED AND TO COME BACK AND SIT IN A WINDOWLESS ROOM FOR HOURS AND HOURS IS NOT ANYONE'S IDEA OF FUN OTHER THAN MAYBE OURS.
UM, BUT, BUT I'M, I'M REALLY STRUGGLING ON, UM, ELEMENT A I THINK ON, ON B AND CI, I'D GO TO APPROVE AND THEN I, I GOTTA ECHO, UH, MR. BROOKS SENTIMENTS HERE.
UM, I DO KNOW THAT THERE, AS FAR AS ENGAGEMENT ON BOTH PARTIES, THERE NEEDS TO BE MORE, UM, I KNOW THAT THERE'S AN ACTIVE COMMUNITY GROUP IN THIS AREA, BUT ALSO I THINK THIS ENCOMPASSES A WIDER, UH, RANGING ISSUE, WHICH IS CITY INFRASTRUCTURE.
SO IF, UM, THE OPPONENT HERE TODAY, THEN ALSO OUR LETTERS IN OPPOSITION ARE STATING THAT FLOODING IS A MAIN CONCERN.
UM, THERE ARE VEHICLES SPECIFICALLY IN THIS NEIGHBORHOOD THAT CAN GET A VOICE SO THAT MORE RESOURCES ARE DEVOTED.
BUT AGAIN, I THINK A BIGGER AND DEEPER CONVERSATION NEEDS TO BE HAD BY THE DEVELOPER AND THEN ALSO THE, THE NEIGHBORING PROPERTY.
SO, UM, I WILL BE VOTING IN FAVOR OF HONING THIS MATTER UNDER ADVISEMENT.
I'LL UNWILLINGLY VOTE FOR THIS JUST BECAUSE IT, WE, UM, I THINK IT SEEMS LIKE IT'S THE ONLY OPTION WE HAVE, BUT I THINK, UH, THE APPLICANT HAS CLEARLY MET ALL THREE STANDARDS AND I, AND I FEEL VERY, I FEEL VERY MUCH FOR THE NEIGHBORS WHO FEEL LIKE THIS MAY ADD TO FLOODING.
I LIVE IN SIMILAR AREA WHERE THIS HAPPENS, BUT I THINK THIS IS THEIR, THEY'VE MADE NO COMPELLING ARGUMENTS THAT THIS IS CONTRARY TO A PUBLIC INTEREST BEYOND WHAT ANY DEVELOPMENT ON THIS SITE WOULD BE.
AND SO I WILL, UH, I I THINK WE HAVE MORE THAN ENOUGH INFORMATION.
I DON'T THINK THE, UH, OUR, THE OPPONENTS HAVE MADE, UH, ARGUMENTS THAT, UH, WOULD IN, IN ANY WAY SWAY MY BELIEF THAT A FIVE YARD SETBACK VERSUS 10 YARD WOULD, UH, IS CONTRARY TO THE PUBLIC INTEREST ON THIS.
I GUESS MY ONLY OTHER THOUGHT IS THAT IF THIS IS A, THIS NEIGHBORHOOD ACCORDING TO THE OPPONENT WHO'S BEEN ZONED, UH, MULTIFAMILY AND SINGLE FAMILY FOR ALL OF THESE YEARS, WERE CLEARLY LOTS WERE MEANT FOR MULTIFAMILY AND LOTS WERE NOT MEANT FOR MULTIFAMILY.
THIS IS SMALLER WITH THE ALLEYWAY, IT WAS PROBABLY MEANT FOR A SINGLE FAMILY HOME, WHICH WOULD, UM, THEN SAY THAT IT'S REALLY NOT NECESSARY TO DEVELOP THIS PER PARCEL OF LAND BECAUSE THERE WAS A SMALLER LOT THAT WAS MEANT FOR SINGLE FAMILY.
AND I, BUT I, I WILL SINCE I WOULD'VE VOTED TO DENY BASED ON THAT, BUT I WILL, UM, VOTE WITH, UH, HOLDING THE MATTER UNDER ADVISEMENT AND LETTING SOME MORE WORK BE DONE WITH THE NEIGHBORS.
UM, I WOULD ALSO LOOK INTO THE FLOODING ASPECT OF IT.
UM, I THINK THERE'S A LOT OF WORK TO DO IN THE NEXT MONTH BEFORE JANUARY 17TH, UM, AT THIS LIAM AND WILL CITY STAFF, IF WE, IF THIS DOES GET APPROVED TO HOLD OVER, WILL THEY MAKE AVAILABLE, I KNOW BOOK RECORD THOSE LETTERS OF OPPOSITION SO THAT THE APPLICANT CAN REACH OUT TO THOSE THAT HAVE OPPOSED THIS APPLICATION? THOSE LETTERS JUST CAME IN ON TUESDAY.
SO THAT'S WHY HE WASN'T, OR MONDAY, I'M SORRY.
UM, BUT I, I'M NOT SURE WHAT THE, UM, WE TYPICALLY GIVE THEM TO THEM.
CAN WE, WE HAVE A PAPER COPY HERE.
I DON'T THINK ANYONE'S GONNA TAKE THESE HOME.
WE CAN GIVE THESE TO THEM TO THE APPLICANT, IF THAT'S ALL RIGHT WITH STAFF.
IS THAT PART OF THE RECORD? OKAY.
UH, BUT IS THAT, UH, IS THAT A FAIR REQUEST OF STAFF THAT IF THIS DOES GET APPROVED TO HOLD OVER THAT, UM, WE MAKE SURE THE APPLICANT IS AWARE OF THOSE PARTIES THAT HAVE OPPOSED HIS APPLICATION SO HE COULD, UH, REACH OUT TO HIM DIRECTLY OR AT LEAST KNOW? YES.
YES, THERE ARE, THERE ARE PUBLIC RECORD.
UM, MAY WE HAVE A ROLL CALL VOTE MR. CANNON? AYE.
SO, UM, MR. CHAZY, WE WILL SEE YOU BACK HERE IN JANUARY FOR THE HEARING AND I THINK YOU'VE GOT A LITTLE BIT OF LEGWORK TO DO.
ALRIGHT, LET'S MOVE ON TO B BDA 2 2 3 DASH 0 9 4 55 40 NORTH 40 PLACE.
IS THE APPLICANT EITHER ONLINE OR IN THE ROOM TODAY? HE'S ONLINE.
[00:45:02]
IF WE CAN SEE YOUR VIDEO PLEASE? I THINK THAT'S WORKING.IS IT WORKING? YES, WE CAN SEE YOU.
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.
1330 CEDAR SPRINGS DRIVE, PROSPER, TEXAS 7 5 0 7 8.
I'M NOT, FAM I'M NOT REALLY FAMILIAR WITH THIS PROCESS.
WHAT ARE YOU, I GUESS WHAT, WHAT'S YOUR QUESTIONS? OR YOU JUST WANT ME TO GIVE YOU A SYNOPSIS OF WHAT WE'RE DR WHAT WE'RE DOING? I THINK WE WERE TRYING TO UNDERSTAND WHY YOU WERE ADDING THE SECOND METER AND WHY YOU WERE NOT USING THE METER THAT WAS THERE TODAY.
UM, JUST SO THAT WE, ANYTIME SOMEONE'S ADDING A SECOND METER, WE'D LIKE TO UNDERSTAND A LITTLE BIT MORE ABOUT WHY THEY'RE DOING THAT.
AND I GUESS YOU'RE REPRESENTING THE HOMEOWNER, MR. DAVID? I AM, I AM, BUT I ALSO OWN THE COM, THE COMPANY THAT'S DOING THE PROJECT IN HIS BACKYARD.
UH, MR. DAVID HAS HIRED US TO ESSENTIALLY BUILD A WATERPARK IN HIS BACKYARD.
THE WATERPARK HAS LAZY RIVER, IT HAS WAVE POOL, THERE'S JUST A LOT GOING ON BACK THERE.
AND THAT PROJECT REQUIRES THREE PHASE POWER.
THE CURRENT METER AT THE RESIDENCE IS A SINGLE PHASE METER AND, UH, QUITE FRANKLY DOESN'T DELIVER THE POWER WE NEED.
NOT TO MENTION IT IS SINGLE PHASE.
SO THE NEW METER IS, UH, ON THE BACK OF THE EQUIPMENT ROOM THAT HOUSES ALL OF THIS EQUIPMENT THAT REQUIRES THREE-PHASE POWER.
I, I MEAN, I GUESS I DIDN'T REALIZE WE WERE BUILDING A WATER.
I MEAN, HOW DOES, WHAT IS THIS WATER PARK GONNA BE USED FOR? JUST FOR THEIR PERSONAL USE? LIKE HOW DOES THIS AFFECT THE NEIGHBORS? UM, IT QUITE FRANKLY, INTERESTING ENOUGH, A LOT OF THE NEIGHBORS HAVE, WELL, NOT A LOT, BUT SOME OF THE NEIGHBORS HAVE SIMILAR WATER PARKS, BUT I THINK THIS ONE MAY BE, MIGHT TOP ALL OF THEM.
UM, IT'S JUST FOR PRIVATE USE.
IT'S, UM, IT'S NOT SOMETHING THAT THEY WILL BE USING FOR, I GUESS, UH, ANY KIND OF SALE OF THE PUBLIC.
THE NEIGHBORHOOD'S A PRIVATE COMMUNITY, NEIGHBORHOOD, UM, IT'S JUST FOR THEIR PRIVATE USE.
UM, IS THERE A WAY TO UPGRADE THE SOLE METER ON THE PROPERTY FROM A ONE PHASE TO A THREE PHASE? THERE IS NOT, NO MA'AM.
UM, MY QUESTION IS TO, UH, MAYBE IT'S A LEGAL QUESTION.
UM, IS THERE A WAY IF WE APPROVE THIS APPLICATION TO RESTRICT ITS USE? BECAUSE TYPICALLY WE SEE THESE FOR A SECONDARY DWELLING UNIT.
SO MY QUESTION IS, IF WE GRANT THIS, IT'S BEING, WE'RE GRANTING IT BASED ON THE SITE PLAN AND BEING USED FOR LAZY RIVER, BUT THEN IT RUNS WITH THE PROPERTY AND YET, AND THEN THE, THE TECHNICALLY THE OWNER THEN COULD USE THAT AND BUILD A SECONDARY DWELLING UNIT WITH SEPARATE METERING? NO, I BELIEVE IT'S, THE LANGUAGE IN THE MOTION INDICATES THAT IT CAN ONLY BE USED FOR LIKE RECREATIONAL PURPOSES.
SINGLE FAMILY REGULATION ON DALLAS DEVELOPMENT CODE, A USE NOT PERMIT IN THE DISTRICT.
SO, UH, AN A DU OR A BUSINESS USE, THE MAIN CONCERN THERE IS FOR BUSINESS USE IS THAT IF YOU GOT AN ELECTRICAL METER, UH, OFTENTIMES YOU SEE IT IN THE GARAGE AND SOMEONE WAS TRYING TO USE THAT GARAGE AS A COMMERCIAL GARAGE, THEY WOULDN'T BE ALLOWED TO DO THAT BECAUSE THE ELECTRICAL METER WOULD BE USED FOR A COMMERCIAL PURPOSE RATHER THAN THE RECREATION PURPOSE THATT, UH, THE APPLICANT.
SO IF THE, IF IF THE, IF THE DISTRICT OR THE, THE DEVELOPMENT CODE CHANGES, THIS RUNS WITH THE LAND, WE'VE GOTTA THINK BEYOND.
I MEAN OUR, OUR DEVELOPMENT CODE'S CONSTANTLY CHANGING.
SO I, I'M JUST, BECAUSE JUST RUNS WITH THE LAND, WE, OUR DEVELOPMENT CODED AND DISTRICTS ARE CONSTANTLY FLUID AND CHANGING.
SO THIS IS ONLY PROTECTING IF WE GRANT THIS IS ONLY PROTECTED BASED ON, ON WHAT THE, WHAT THE DISTRICT ALLOWABLE USE IS THERE.
BUT IF THAT CHANGES, WELL, I GUESS I HAVE
[00:50:01]
ANOTHER QUESTION FOR THE APPLICANT WHILE, WHILE THEY MOVE THIS OVER.UM, 'CAUSE YOU ARE INSTALLING A NEW, UM, SERVICE HERE, WHY COULD YOU NOT INSTALL THIS NEW SERVICE AND THEN, UH, USE THIS, UH, YOU KNOW, INSTALL YOUR OWN TRANSFORMER TO CONVERT TO A SINGLE, TO A SINGLE PHASE FOR THE, FOR THE HOUSE AND THEN YOU WOULD ONLY HAVE ONE METER? WHY DOES IT HAVE TO BE AN ADDITIONAL METER? THE, WHEN WE MET, WHEN WE STARTED THIS PROJECT TWO YEARS AGO, THAT CONVERSATION DID COME UP.
HOWEVER, THE HOUSE HAS A PRETTY REDUNDANT SINGLE PHASE SYSTEM ON IT, EVEN WITH A FULL, LIKE A HUMONGOUS GENERATOR.
AND FOR THEM TO CHANGE ALL OF THAT, THAT THE, THE ENCORE IS THE ONE THAT, IN FACT THEY'VE ALREADY DELIVERED THE, THEY'VE ALREADY INSTALLED THE TRANSFORMER, THEY'VE ALREADY PULLED THE WIRES TO EVERYTHING'S DONE.
AND THEN ALL OF A SUDDEN AT THE LAST MINUTE, WE FOUND OUT THAT THIS WAS A, UH, A CHALLENGE.
UM, BUT IN THE PRE-PLANNING, ENCORE SAID THAT THE, PUTTING THE THREE PHASE IN LIEU OF WHERE THEY WERE AT, THAT THAT WASN'T FOR WHATEVER REASON, THAT FEED CAME FROM, I BELIEVE THE STREET, BUT THE THREE PHASE, WHICH IS ONLY AVAILABLE IN THE REAR OF THE PROPERTY, CAME ALONG SOME POWER LINE POLES THAT, THAT RUN THE EAST SIDE OF THE PROPERTY.
I THINK TECHNICALLY, TO ANSWER YOUR QUESTION, TECHNICALLY I THINK YOU, IT PROBABLY COULD BE DONE.
I DON'T KNOW THE EXTENT OF WHAT IT WOULD TAKE TO DO THAT.
SO JUST SO I UNDERSTAND, IF WE, IN A, IN A HYPOTHETICAL ORDER, YOU WOULD HAVE A THREE PHASE ELECTRIC BOX AT THE HOUSE, YOU'D BE BRINGING IN HIGH VOLTAGE POWER FROM ACROSS THE PROPERTY, AND IS THAT SORT OF HIGHER VOLTAGE THAN WHAT YOU AND I WOULD EXPECT TO SEE RUNNING INTO THE BACK OF OUR HOUSE? MUCH THAT WOULD, THAT WOULD BE COMPLETELY ABNORMAL FOR A SINGLE FAMILY RESIDENCE TO HAVE THREE PHASE POWER THAT, THAT, THAT'S, THAT'S I GUESS WOULD BE CONSIDERED UNHEARD OF.
I JUST, JUST THE VISUAL OF THE HIGH VOLTAGE POWER GOING EITHER OVER OR UNDER THE PROPERTY, THE LENGTH OF THE PROPERTY TO THE HOUSE IS HELPFUL FOR MY CONSIDERATION.
MR. I MEAN, UH, JUST TO, YOU KNOW, TYPICALLY, RIGHT, I GUESS IN YOUR EXPERIENCE YOU WOULD EXPECT THAT FOR, UH, AIR CONDITIONING UNITS, FOR LARGE BUILDINGS OR UH, INDUSTRIAL EQUIPMENT IS WHAT TYPICALLY THROUGH FACE POWER.
IS THAT CORRECT? THAT THAT IS, THAT IS A HUNDRED PERCENT CORRECT.
INDUSTRIAL EQUIPMENT IS WHAT YOU WOULD SEE AND THAT'S WHAT WE'RE USING IT FOR IS, IS, IS, UH, SEVERAL VERY LARGE PUMPS.
ARE THERE ANY OTHER QUESTIONS? ARE THERE ANY OTHER SPEAKERS? NO, THE SPEAKERS, WE HAVE A MOTION, MS. LAMB, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 23 DASH 0 9 4 ON APPLICATION OF AT MAR DAVID GRANT THE REQUEST TO INSTALL AND MAINTAIN AN ADDITIONAL ELECTRIC METER ON THE PROPERTY AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY REGULATION IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT BE CONTRARY TO PUBLIC IN IN INTEREST, WILL NOT ADVERSELY AFFECT NEARING PROPERTY AND WILL NOT BE USED TO CONDUCT OR USE A USE NOT PERMITTED IN THE DISTRICT WHERE THE BUILDING SITE IS LOCATED.
THE ADDITIONAL ELECTRIC METER WILL NOT BE USED FOR AN ACCESSORY DWELLING UNIT.
UM, AND FOR THOSE, I ACTUALLY ADDED THAT LAST LANGUAGE AND HAD IT APPROVED BY THE BOARD ATTORNEY TO MAKE SURE THAT THIS ACCESSORY DWELLING, THIS APPLICATION WOULD NOT BE USED FOR AN ACCESSORY DWELLING UNIT.
UM, WITH THAT ADDITIONAL LANGUAGE, THEN I WILL GO AHEAD AND SECOND THAT NOTION.
I'M HAPPY TO PASS THIS LANGUAGE ALONG SO Y'ALL CAN REVIEW IT.
I, I'M INCLINED TO GRANT THIS.
I DON'T SEE HOW IT WOULD BE CONTRARY TO PUBLIC INTEREST.
I DON'T SEE HOW IT ADVERSELY AFFECTS NEIGHBORING PROPERTY.
AND I'M RELYING ON STAFF THAT THIS IS NOT A USE THAT'S, UH, NOT PERMITTED IN THE ZONING DISTRICT.
SO I'M GONNA VOTE IN FAVOR OF IT.
AND I, I MADE THIS QUESTION WITH THIS, THIS ADDITION TO THE LANGUAGE JUST TO PROTECT, UM, THE PROPERTY, UM, 'CAUSE IT RUNS IN THE LAND TO MAKE SURE THAT THIS IS, THIS, UM, ADDITIONAL ELECTRIC METER IS NOT USED FOR, UM, AN A DU.
JUST SO A CLARIFICATION, WHAT IS AN A DU AN ACCESSORY DWELLING UNIT? OH, OKAY.
[00:55:04]
MS. LAMB? AYE.THANK YOU VERY MUCH FOR, UH, COMING TO THE MEETING TODAY AND, UM, YOU'LL RECEIVE A MAILING, UM, WITH YOUR APPROVAL.
I DIDN'T KNOW, BUT THANK YOU GUYS.
ALL RIGHT, WE'LL NOW MOVE ON TO BDA 2 23 DASH ZERO SIX, WHICH IS 59 24 MACOMB BOULEVARD.
UM, IF THE APPLICANT CAN PLEASE STEP FORWARD.
HELLO, 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.
5 9 2 4 MACOMBS BOULEVARD, DALLAS, 7 5 2 0 6.
UM, SO THANK YOU FOR YOUR TIME AND CONSIDERATION.
UH, SO TWO YEARS AGO I TORE MY ACHILLES TENDON PLAYING PICKLEBALL AND, UH, I STRUGGLED TO GET IN AND OUTTA MY HOUSE WITHOUT ASSISTANCE.
UH, SO TO ENABLE MYSELF TO ENTER AND EXIT MY HOUSE, AS WELL AS SPEND SOME TIME OUTSIDE ON MY OWN, I DECIDED TO BUILD A FRONT PORCH LANDING WITH STAIRS THAT WERE EASIER TO NAVIGATE DUE TO THE UNEXPECTED AND SUDDEN INJURY.
I MOVED QUICKLY ON THE EFFORT.
I RELIED ON MY BUILDER TO KNOW EXACTLY WHAT WOULD BE REQUIRED IN ORDER TO CONSTRUCT THE PORCH.
I LATER FOUND OUT MY BUILDER DID NOT KNOW WHAT WAS REQUIRED AS HE DIDN'T GET NECESSARY PERMITS FIVE MONTHS AFTER CONSTRUCTION, I WAS CONTACTED BY THE CITY AND THEY LET ME KNOW THE PORCH VIOLATED THE SETBACK REQUIREMENTS.
MY REQUEST IS FOR A VARIANCE OF EIGHT FEET, ONE INCH TO MY FRONT YARD SETBACK, WHICH WILL PREVENT ME FROM HAVING TO TEAR DOWN, GET NEW PLANS APPROVED AND RECONSTRUCT THE PORCH IS NOT CONTRARY TO PUBLIC INTEREST.
I'VE TALKED TO MY NEIGHBORS AND ALL HAVE SHARED THEIR ADMIRATION OF THE PORCH IN SUPPORT OF MY REQUEST.
I BELIEVE YOU ALL HAVE RECEIVED A FEW EMAILS FROM MY NEIGHBORS IN SUPPORT OF MY REQUEST.
I WANNA POINT OUT THAT THE VARIANCE I'M REQUESTING IS FOR A STRUCTURE THAT IS LESS THAN TWO FEET TALL.
THE VARIANCE REQUESTED IS FOR A FRONT IS FOR A PORCH LANDING VERSUS ADDITIONAL SQUARE FOOTAGE ADDED TO MY HOME.
ADDITIONALLY, THE PORCH DOES NOT EXCEED THE SETBACK OF THE BAY WINDOW ON THE OTHER SIDE OF MY HOUSE.
SO WHEN WE WERE DOING THE PLANS AND CONSTRUCTION, WE CONCLUDED THE PORCH WAS WITHIN THE SETBACK.
PRIOR TO CONSTRUCTION, I DID NOT REALIZE THAT MY HOME IS WITHIN A CONSERVATION DISTRICT, NOR WAS I AWARE OF THE SETBACK REQUIREMENTS.
IF I HAD KNOWN THE REQUIREMENTS, I CERTAINLY WOULD'VE FOLLOWED EACH ONE.
I'VE LEARNED A LOT THROUGH THIS PROCESS.
BASED ON THE INFORMATION SHARED, I ASK THAT YOU APPROVE THE REQUESTED VARIANCE.
UM, THANK YOU FOR COMING DOWN TODAY.
UH, JUST A QUICK QUESTION FOR YOU.
UM, DO YOU HAVE AN ESTIMATE AS TO WHAT THE COST WOULD BE IF YOU WERE TO, TO REMEDY OR TO HAVE THIS PORCH MEET COMPLIANCE LIKE A I DON'T.
UM, I MEAN, IT COSTS QUITE A BIT TO BUILD.
WHAT DOES THAT COST THEN? $40,000 FOR PORCH.
UM, AND THEN AS FAR AS EASE OF ACCESS, YOU'RE SAYING THAT THIS WAS, SO WHAT ARE, UM, THE HEIGHT, AND I THINK IT'S ON THIS, BUT I JUST CAN'T READ THE, THE DIGITS HERE.
WHAT'S THE RISE THE RISER? UM, I GUESS WHAT'S THE, YOUR YOUR SIX YOUR STEPS EACH THERE? YES.
AND THAT WAS BEFORE, OR SORRY, THAT'S THE, THE CURRENT STEPS NOW, BUT WHAT WERE THE STA STAIR HEIGHTS PRIOR TO YOUR I THINK IT, THEY WERE A FOOT TALL.
UM, THOSE ARE THE QUESTIONS THAT I HAVE JUST TO UNDERSTAND THE, UM, THIS HARDSHIP.