[Board of Adjustments: Panel B on December 13, 2023.]
[00:00:10]
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.
[00:05:02]
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
[00:10:01]
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.
[00:15:01]
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.
[00:20:01]
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,
[00:25:01]
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.
UM, SO THIS IS A, A QUESTION MORE FOR THE STAFF, UM, AND THE CONSERVATION DISTRICT, OTHER THAN THE SETBACKS, DOES THE DESIGN, UM, I KNOW THIS A LITTLE BIT OF OUR PURVIEW, BUT I'M JUST CURIOUS, DOES THE DESIGN OF WHAT HAS BEEN BUILT NOW, UM, UH, MEET THE REQUIREMENTS OF CONSERVATION DISTRICT AND DOES IT MEET CODE OTHER THAN THE SETBACKS? OKAY.
THIS IS TREVOR BROWN CONSERVATION DISTRICTS.
UH, THIS WOULD MEET THE, UH, DESIGN REQUIREMENTS FOR THE CONSERVATION DISTRICT OUTSIDE OF THE, UH, UH, ENCROACHMENT INTO THE FRONT YARD SETBACK.
SO IF WE APPROVE THIS APPLICATION, THEN THE APPLICANT DOES NOT HAVE TO GO IN FRONT OF THE CO CONSERVATION DISTRICT FOR ADDITIONAL SUPPORT
[01:00:01]
OR APPROVAL, IS THAT CORRECT? SHE WOULD PROVIDE, IF YOU GRANTED A VARIANCE, SHE WOULD PROVIDE, UH, THAT APPROVAL AND WE WOULD ULTIMATELY RETROACTIVELY APPROVE HER APPLICATION AS WELL.AND THEN EVERYTHING ELSE WITH THIS DEVELOPMENT, UM, OF, OF THIS PORCH, DOES THAT FIT WITH THE, WITH SAFETY CODE AND ALL THAT? UH, I CAN'T SPEAK TO BUILDING CODE.
THAT'S THE, THAT'S THE ONLY QUESTION I HAVE.
UM, SO I GUESS, YOU KNOW, AS A BOARD OF ADJUSTMENT, WE HAVE A VERY NARROW PURVIEW FOR WHAT WE CAN APPROVE AND NOT APPROVE.
AND SO UM, NOT CONTRARY TO PUBLIC INTEREST.
AND YOU HAVE THE SUPPORT OF YOUR NEIGHBORS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS IN TERMS OF RESTRICTIVE AREA, SHAPE OR SLOPE.
UM, AND NOT GRANTED TO RELIEVE OR CREATE SELF-CREATED OR PERSONAL HARDSHIP.
UM, I, I, THAT'S THERE'S A SECOND ELEMENT TO ALL OF THIS, WHICH IS THAT IF YOU CAN SHOW THAT THE COST OF COMPLIANCE IS GREATER THAN 50% OF THE PRAISE VALUE OF THAT STRUCTURE.
SO IF, FOR INSTANCE, IT WOULD COST $21,000 TO REMOVE THE PORCH, UM, BUT BECAUSE BECAUSE WE'RE A JUDICIAL BOARD, WHATEVER DECISIONS WE MAKE CAN BE, UM, TAKEN TO COURT.
SO WE HAVE TO OPERATE IN THIS VERY NARROW BAND AND THAT SECOND PIECE OF IT, NOT, NOT, YOU ARE NOT A RESTRICTIVE AREA SHAPE OR SLOPE.
SO IT MAKES IT VERY DIFFICULT FOR ME TO FEEL LIKE I CAN GRANT THAT VARIANCE BASED ON THE LEGAL RULE OF IT, UM, REGARDLESS OF HOW I FEEL ABOUT IT PERSONALLY.
BUT IT ADDED THIS SECOND PHASE TO IT.
BUT WE DON'T HAVE THAT INFORMATION RIGHT NOW.
UM, SO, UM, I FEEL LIKE WE NEED THAT PIECE OF INFORMATION UNLESS OTHER FOLKS ARE DISAGREEING WITH ME.
WHERE IS THIS? OH, SO YEAH, AND THIS IS GONNA, I'LL, I'LL PHRASE THIS AS A QUESTION.
I'M LOOKING TO FIGURE OUT HOW WE WAIT.
I, I DON'T, I DON'T KNOW THAT I CAN PROPERLY POSE THIS AS A QUESTION.
IT'S MORE OF A DISCUSSION TOPIC.
UM, I MEAN, I CAN, I CAN, WOULD YOU, WOULD YOU EXPECT THAT THE COST TO REMOVE THIS PATIO WOULD BE AT LEAST HALF THE COST TO BUILD IT? I THINK SO.
'CAUSE I WOULD, I WOULD HAVE TO DO A NEW LANDING PAD PRETTY MUCH THAT WOULD BE WITHIN THE SIX INCH HEIGHT REQUIREMENT.
SO IT'D BE ALMOST LIKE REBUILDING IT.
AND IT LOOKS LIKE IF YOU WERE TO DEMOLISH THIS PATIO, YOU'D ALSO HAVE TO EITHER PUT THIS VENT IN THAT WAS UNDER YOUR, UH, WINDOW TO THE LEFT OF THE DOOR.
UM, I DON'T KNOW, MR. BROOKS, IF I COULD OPINE THE, UH, THE LANGUAGE FROM THE DB 10, WHICH IS THE STATUTE, AND THE CODE DOESN'T REQUIRE THAT.
IT'S THE TAP OF THE, UH, REPAIR OR THE ADDITION TAP OF THE STRUCTURE.
SO WE'RE CALLING THE WHOLE HOUSE.
I THINK I MAY HAVE A QUESTION.
UH, DO YOU KNOW WHAT YEAR YOUR HOUSE WAS BUILT? WHEN IT WAS BUILT? YEAH.
UM, AND THIS IS, UH, A QUESTION FOR CITY STAFF.
WHAT YEAR WAS THE, UM, CONSERVATION DISTRICT ORDINANCE THAT ESTABLISHED 38 FOOT FRONT YARD SETBACK PUT IN PLACE? THAT WOULD BE 2004.
SO THEN IT WOULD BE, I THINK, PRETTY EVIDENT THAT THIS IS A NON-CONFORMING USE BECAUSE THIS HOUSE WAS BUILT, UM, 80, ALMOST 80 YEARS BEFORE THE, THAT, UH, ORDINANCE WAS PUT IN PLACE.
IS, I GUESS THIS IS A, A QUESTION FOR CITY STAFF, IS THAT WHAT A REASONABLE ASSUMPTION.
SO IT WOULD BE LEGALLY NON-CONFORMING TO THE NEW ESTABLISHED SETBACKS.
AND, AND THAT'S BECAUSE THE BAY WINDOWS ARE WITHIN THE 38 FOOT SETBACK, BUT WE'RE NOT HERE TALKING ABOUT THEM.
WE'RE TALKING ABOUT THE PORCH, WHICH DOES NOT EXTEND PAST THOSE BAY WINDOWS.
BUT BECAUSE IT'S NEW, IT'S NOT A NON-CONFORMING STRUCTURE BY THE CITY, WHICH THE APPLICANT PROBABLY THOUGHT SHE WAS CON IN CONFORMING BECAUSE THEY BUILT OUT THIS, LIKE THIS, THE CITY, THE STATUTE REFERS TO THE, THE CITY.
I GUESS WE NEED TO MAKE A MOTION SO WE CAN HAVE AN ARGUMENT ABOUT HAVING A DISCUSSION ABOUT BOXING.
CAN I GET A MOTION? THANK YOU SO MUCH.
I ASSUME THERE'S NO OTHER SPEAKERS? NO, THE SPEAKERS.
MR. RI MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 1 0 6 ON APPLICATION OF ELIZABETH BELL GRANT, THE EIGHT FOOT ONE INCH VARIANCE TO THE
[01:05:01]
FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO BE APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO, TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSIONS OF ALL SUBMITTED PLANS ARE REQUIRED.
UM, I AGREE WITH CHAIR GABO THAT THIS IS NOT CONTRARY TO THE PUBLIC INTEREST.
YOU HAVE THE SUPPORT OF YOUR NEIGHBORS.
UM, WITH RESPECT TO THE SECOND ELEMENT HERE, I AM GOING TO LOOK AT WHAT IN OUR PACKET IS ELEMENT TWO SUBSTITUTE, WHICH MEANS THAT WE CAN USE, UH, THIS NEW STATE LAW TO CONSIDER WHETHER OR NOT, UM, IT'S NECESSARY TO WRITTEN DEVELOPMENT OF A SPECIFIC PARCEL OF LAND.
AND THE LAST CONSIDERATION THERE IS THAT THE MUNICIPALITY CONSIDERS THE STRUCTURE TO BE A NON-CONFORMING STRUCTURE TESTIMONY FROM STAFF IS THAT THIS IS A NON-CONFORMING STRUCTURE.
UM, AND AS SUCH, I INTERPRET THIS TO MEET THAT SECOND ELEMENT.
THE PORCH DOESN'T GO BEYOND THE FOOTPRINT OF THE EXISTING STRUCTURE, NON-CONFORMING, THOUGH IT MAY IT BE, UM, AND I DON'T THINK THIS IS GRANTED TO RELIEVE A SELF-CREATED, UM, OR PERSONAL HARDSHIP.
SO THAT'S WHY I MADE, UH, YES.
SO MY POINT OF DISCUSSION WOULD JUST BE ON THE, UM, DEVELOPMENT CODE.
AND JUST GONNA BRIEFLY HEARSAY, UH, PART C AS FAR AS IT'S NOT GRANTED TO RELIEVE SELF-CREATED OR PERSONAL HARDSHIP.
AND THEN JUST FROM PROFESSIONAL KNOWLEDGE, UM, MY QUESTION A LITTLE BIT EARLIER ON ABOUT THE, THE TREAD, THE RISER HEIGHTS, EXCUSE ME, UM, THAT I BELIEVE WOULD FALL WITHIN COMPLIANCE FOR, AND THIS IS KIND OF MAYBE OUTSIDE OF OUR REALM NOW, BUT AS FAR AS LIKE A DA COMPLIANCE FOR EASE OF ACCESSIBILITY.
SO, UM, JUST BASED ON THOSE POINTS IS WHY I VOTED IN FAVOR OF THIS MOTION.
I AGREE WITH, UH, BROOK, THE, UH, IT'S MAY, IT'S CLEARLY A NON-CONFORMING STRUCTURE, AND THAT I THINK THAT MEETS, UH, NUMBER TWO, WHICH IS THE ONLY, UH, ONE THAT I HAVE IN QUESTION EMAIL.
MS. LA NAY, MS. VICE-CHAIR? AYE.
MS. POWELL, YOU'LL RECEIVE A LETTER IN THE MAIL THAT YOU ARE FREE TO GO.
UM, BDA 2 23 DASH ONE TEN EIGHT THIRTY FIVE THOMASON DRIVE.
DO WE HAVE ANYBODY IN THE AUDIENCE OR ONLINE TO SPEAK ON THIS ONE? MS. MEGAN O'NEILL IS ONLINE.
CAN WE HAVE YOUR VIDEO AS WELL? ALSO, CAN YOU SEE ME OKAY? YES.
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.
MEGAN O'NEILL, 8 35 THOMASON DRIVE, DALLAS, TEXAS 7 5 2 0 8.
UM, I DO WANNA DISCLOSE THAT I AM A CITY OF DALLAS EMPLOYEE.
I AM A PLANNING MANAGER IN THE PARKS AND RECREATION DEPARTMENT, BUT I'M HERE TODAY AS A PRIVATE CITIZEN.
UM, THANK YOU MEMBERS OF THE BOARD OF ADJUSTMENT FOR CONSIDERING THIS CASE.
IT IS OUR DESIRE TO CONSTRUCT A DETACHED GARAGE.
OUR CONSTRUCTION PLANS HAVE BEEN SUBMITTED TO THE CONSERVATION DISTRICT PLANNERS SINCE LATE AUGUST.
WE WERE ENCOURAGED BY STAFF TO COME BEFORE THIS BOARD FOR APPROVAL OF OUR SIDE YARD SETBACK VARIANCE.
OUR HOUSE IS CURRENTLY A TWO ONE WITH NO GARAGE.
THE CONSTRUCTION IS A FIRST STEP IN OUR ABILITY TO STAY IN OUR HOME AS OUR FAMILY SIZE GROWS.
THE LOCATION OF THE GARAGE IS PROPOSED IN THE FORMER LOCATION OF SERVANT'S QUARTERS LATER CONVERTED INTO A GARAGE THAT WAS REMOVED PRIOR TO OUR PURCHASE OF THE PROPERTY IN 2018.
WE ARE LOCATED IN KESSLER PARK CONSERVATION DISTRICT SUB AREA TWO, ALSO KNOWN AS KESSLER HIGHLANDS.
THIS SUB AREA IS SPECIFIC ON THE LOCATION OF DRIVEWAYS FOR CONTRIBUTING STRUCTURES UNDER THE DEVELOPMENT OF THE STANDARDS.
UM, FOR SUB AREA TWO ONE F DRIVEWAYS LOCATED TO THE EAST OR SOUTH OF THE HOUSE MUST REMAIN TO THE EAST OF THE SOUTH OF THE HOUSE, WHICH ARE PROPOSAL HONORS.
UM, SEVEN OUT OF 10 OF THE HOMES ON THE NORTH SIDE OF THOMASON DRIVE BETWEEN TYLER AND SYLVAN AVENUE HAVE DETACHED GARAGES.
WHILE IT IS OUR DESIRE TO BUILD A
[01:10:01]
DETACHED GARAGE, AS THE MAJORITY OF OUR NEIGHBORS HAVE, WE HAVE A LIMITED, LIMITED AMOUNT OF ROOM TO MANEUVER VEHICLES IN AND OUT OF THE GARAGE DUE TO THE DEPTH OF THE PROTECTED MAIN STRUCTURE ON THE LOT, WHICH IS ORIGINAL AND HAS NOT BEEN ADDED ONTO.IN ORDER TO UTILIZE THE ORIGINAL DRIVEWAY WITHOUT SAFETY CONCERNS, WE ASKED FOR A THREE FOOT VARIANCE ON THE EAST SIDE SETBACK TO ALLOW THE GARAGE TO BE PLACED APPROPRIATELY TO THE EXISTING HISTORIC DRIVEWAY, ALLOWING A VEHICLE TO DRIVE STRAIGHT INTO THE GARAGE WITHOUT HAVING TO MANEUVER AROUND THE NORTHEAST CORNER OF THE HOME.
PICTURES HAVE BEEN PROVIDED SHOWING THE EXISTING DRIVEWAY AND HOW IT CURRENTLY ABUTS THE FOUNDATION OF THE EAST SIDE OF OUR HOME.
WHILE THE LOT ITSELF IS NOT IRREGULARLY SHAPED OR SLOPED, THE LOT IS DEVELOPED TO THE PROTECTED CONTRIBUTING STRUCTURE THAT MUST BE, CAN TAKE TAKEN INTO CONSIDERATION.
FURTHER PLACING YOUR GARAGE IN ANY OTHER LOCATION ON THE PROPERTY WOULD BE OUT OF CHARACTER AND SPIRIT OF THE DESIGN STANDARDS REPRESENTED IN KESSLER HIGHLANDS AND IS SET FORTH, SET FORTH IN THE CONSERVATION DISTRICT REGULATIONS.
PLEASE TAKE INTO CONSIDERATION OUR LIMITATIONS WITH THE LAYOUT OF OUR LOT, THE HISTORIC CONDITIONS OF THE PROPERTY AND THE SURROUNDING NEIGHBORHOOD WHEN MAKING A DECISION FOR THIS CASE.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
DO YOU HAVE, DO WE HAVE ADDITIONAL PHOTOS OF THE, OF THE GARAGE OR ANYTHING, OR THE ONLY PICTURE? WE HAVE THE BACKYARD PLEASE.
UM, AND THEN JUST TO CLARIFY, IS THIS, IS THIS THE GARAGE HERE? THERE'S NO GARAGE.
WHAT IS YOU'RE BUILDING? WHAT IS THIS? RIGHT BACK HERE.
WHERE'S THE, I'M SORRY, WHERE'S THE GARAGE EXACTLY GOING TO GO IN RELATION TO THE DRIVEWAY, THE HISTORIC DRIVEWAY? UH, IS THAT A QUESTION FOR ME? I, IF YOU, IF YOU CAN ANSWER IT, ABSOLUTELY.
IT'S, UM, THE DRIVEWAY, THE, THE GARAGE WILL BE SITTING DIRECTLY, UM, AT THE END OF THE DRIVEWAY THAT'S THERE.
UM, IT WILL BE PLACED WHERE THE PREVIOUS GARAGE WAS.
UM, TO THE BEST OF OUR KNOWLEDGE, WE, WE HAVE, UM, UM, SOME MARKINGS IN THE BACKYARD THAT KIND OF SHOW WHERE THAT STRUCTURE USED TO BE.
SO THE, THE PLACING IT, UM, WITH THE, UH, AT A FIVE FOOT SIDE YARD SETBACK AS OPPOSED TO AN EIGHT, WOULD PREVENT US FROM HAVING TO CURB OR, UM, RECONSTRUCT THE DRIVEWAY.
LEMME ZOOM IN ON THIS A LITTLE BIT, PLEASE AND WE'LL, WE'LL STAFF SPEAK TO WHAT WE'RE LOOKING AT HERE FOR US PLEASE.
SO YOU SEE THE FOOTPRINT, FOOTPRINT OF THE EXISTING HOME? YES.
AND THE PROPOSED DETENTION GARAGE AND THE CONCRETE DRY AND THEN THE SETBACKS, THE RED INDICATES NON-COMPLIANCE AT FIVE FEET, THE GREEN EIGHT FEET.
I HAVE A QUESTION WHILE WE'RE ON THE SITE PLAN HERE.
SO, UM, TO OUR, UH, MS. O'NEILL, UM, WE'RE LOOKING AT THE SITE PLAN, UM, THAT YOU PROVIDED.
AND IT LOOKS LIKE IN, I UNDERSTAND THE CONCERN ABOUT, UH, MANEUVERING THE VEHICLE AROUND THAT, THIS, THAT BE WITH THE NORTHEAST CORNER OF THE HOME, BUT THIS THREE FOOT DIFFERENCE, THE WAY THAT I'M SEEING IT RIGHT NOW, IT SEEMS LIKE THERE WOULD STILL BE SOME ISSUES WITH, IF I'M LOOKING AT THIS CORRECTLY HERE, THAT EVEN IF WE GRANT THIS VARIANCE, IT LOOKS LIKE OKAY, FROM THE DRIVEWAY THERE'S A STRAIGHT SHOT IN, BUT THEN IF THIS IS A TWO CAR GARAGE THAT THERE WOULD STILL BE SOME, IT DOESN'T QUITE SOLVE THE ISSUE THAT YOU'RE SAYING IF I'M SEEING THIS RIGHT, OR IS THIS, I MEAN, IS THIS GARAGE FOOTPRINT? IT'S GONNA BE, NO, YOU'RE RIGHT.
IT IS GONNA BE A TIGHT FIT NO MATTER WHAT, BUT HAVING THAT EXTRA THREE FEET WILL, UM, GREATLY HELP US MANEUVER THAT TURN, UM, UH, ACCORDING TO OUR ARCHITECT.
AND THEN IS THE FOOTPRINT OF THIS NEW GARAGE, IS THAT THE, THE MINIMUM, UM, DIMENSIONS FOR A TWO FOOT OR IS THERE ADDITIONAL SPACE THAT'S PART OF THIS GARAGE? LIKE THE STORAGE SPACE? UH, THE GARAGE ITSELF, UH, IS A, IT'LL BE A TWO CAR BAY.
HOWEVER, UM, WE WILL HAVE A STAIRWAY UP TO THE, TO THE MEDIA ROOM ABOVE.
SO THERE, THERE IS GOING TO BE LIKE AN ATTIC SPACE, IF YOU WILL, THAT WILL BE UTILIZED AS A ROOM.
[01:15:01]
THERE IT DOES IN THE SITE PLAN INCLUDE AN INTERIOR STAIRWELL ON THE, UM, ON THE LEFT SIDE.SO THAT WOULD BE THE, ON THE WEST SIDE.
SORRY, THERE'S A SMUDGE ON THE PLANS HERE.
THAT ANSWERS MY QUESTION THEN ABOUT THE WIDTH AND THE LOCATION OF THIS GARAGE.
SO, UM, IF WE APPROVE THIS APPLICATION, UM, THIS, DOES THIS STILL HAVE TO, THIS IS ANOTHER CONSERVATION DISTRICT QUESTION.
DOES IT STILL HAVE TO GET FINAL APPROVAL SIMILAR TO LAST AS YOU HEARD, WHERE RETROACTIVELY WITH APPROVAL AFTER IT GOES THROUGH THE, UM, CONSERVATION DISTRICT? YES, THAT'S CORRECT.
WE, WE, WE, WE CAN'T APPROVE ANYTHING THAT DOESN'T MEET THE ORDINANCE WITHOUT THE VARIANCE.
SO YOU ARE CORRECT THAT IT WOULD STILL NEED CD APPROVAL.
SO IF YOU TOOK THE STAIRS OUT THOUGH, WOULD YOU BE ABLE, I MEAN, LOOKING TO, TO JOE'S POINT, IF YOU TOOK THE STAIRS OUT AND DIDN'T HAVE THE UPPER FLOOR, YOU COULD PROBABLY MOVE THAT OVER THE THREE FEET AND BE ABLE TO PARK PRETTY WELL.
NO, THE STAIRS HAVE NO, UM, IMPACT ON THE ABILITY OF THE CAR TO MANEUVER SAFELY AND BACKING IN OR BACKING OUT AROUND THE, THE HOME.
DO YOU, DO YOU KNOW WHAT YEAR YOUR HOUSE WAS BUILT? I'M SORRY, COULD YOU REPEAT THAT QUESTION? UH, DO YOU KNOW WHAT YEAR YOUR HOUSE WAS BUILT? I JUST BELIEVED IT WAS BUILT IN 1926.
WHAT YEAR DID THIS, UH, CONSERVATION DISTRICT ORDINANCE GO INTO EFFECT? THIS PARTICULAR ORDINANCE, UH, WENT INTO EFFECT IN 2005.
WAIT, IS, IS ANY PART OF THIS STRUCTURE NON-CONFORMING STAFF? WE WERE ONLY LOOKING AT THE GARAGE.
SO, UH, FOR PURPOSES OF THIS CASE, THE NEXT QUESTION FOR THE APPLICANT, IT LOOKS LIKE YOU HAVE A CARPORT THAT IS SET FIVE FEET OFF YOUR PROPERTY LINE.
IS THAT ACCURATE? THAT'S, OR NOT CARPORT, BUT A, UM, A PORTICO SHARE ON THE SIDE OF YOUR HOUSE? UH, I DO KNOW THE PORTER CASHIER IS ORIGINAL TO THE HOME.
UM, I WOULD NEED TO LOOK AT THE SURVEY TO SEE THE, THE SETBACK, WHICH I BELIEVE Y'ALL HAVE.
I'M NOT SURE IF IT'S PART OF THE PRESENTATION.
I THINK IT'S SAFE TO ASSUME THAT FROM YOUR CYCL PLAN THAT YOU'RE, I I'LL FIND IT NOW.
UH, THAT YOU'RE NOT, YOU'RE GONNA BE A PRETTY, PRETTY CLOSE ALIGNMENT TO THAT.
SORRY, MR. KOWSKI IS YOUR QUESTION THAT THE EXISTING PORTICO IS, WOULD BE IN ALIGNMENT WITH THE REQUESTED, UH, VARIANCE.
SO ESTABLISHING WHAT A BUILT PRECEDENT ON THE SITE THAT THE, THE COLUMNS OF THIS PORTICO ARE FIVE FEET OFF OF THE PROPERTY LINE? WELL, YEAH, I MEAN, BUT IN ALL FAIRNESS, IF IT WAS A NON-CONFORMING USE, YOU, WE REALLY CAN'T EXPAND NON-CONFORMING USES.
I THINK IT'S SOMETHING THAT WE CAN'T REALLY CONSIDER.
IT'S JUST FOR THIS APPLICATION.
ARE THERE ANY ELSE MISSING? ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? NO, COURSE.
ARE THERE ANY OTHER SPEAKERS? NO OTHER SPEAKERS? DO I HAVE A MOTION? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH ON APPLICATION OF MEGAN O'NEIL GRANT THE THREE FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATION REQUESTED BY THE APPLICANT.
BECAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY SHOWS THAT THE CHARACTER, PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
UM, I MADE THIS MOTION 'CAUSE I FELT LIKE THE APPLICANT MADE A STRONG CASE.
[01:20:01]
SHE IS RESTRICTED BY THE CONSERVATION DISTRICT, THE HISTORIC NATURE OF HER HOME IN ORDER TO SAFELY BE ABLE TO HAVE ACCESS TO A GARAGE, I THINK WE, WE MUST GRANT, UM, THIS APPLICATION.I THINK THIS HOUSE WAS BUILT ORIGINALLY WITH A NON-CONFORMING GARAGE AND THAT WOULD, WOULD REQUIRE HER TO REBUILD THE STRUCTURE TO ACCOMMODATE A GARAGE THAT MEETS THE CURRENT BUILDING CODE BECAUSE IT'S CLEARLY, CLEARLY THE GARAGE IS INTENDED TO BE IN THE LOCATION THAT HE GOES IN.
LET'S HAVE A ROLL CALL VOTE MR. BROOKS.
THANK YOU SO MUCH FOR ATTENDING THE MEETING.
UM, YOU ARE SET AND WE'LL SEND YOU A LETTER IN THE MAIL.
WE HAVE ONE MORE CASE, BDA 2 2 3 DASH 1 14 60 45 VELASCO AVENUE.
BUT I HAVE BEEN ASKED FOR A FIVE MINUTE RECESS FOR A BATHROOM BREAK BEFORE WE HEAR THE CASE.
SO IT IS 2 24 AND WE'LL RECONVENE AT 2:29 PM THANK YOU MR. ALRIGHT, WE WILL READ, ADJOURN THE MEETING OR THAT RIGHT.
UM, WE ARE GETTING READY TO HEAR BDA 2 2 3 DASH ONE 14 AND TALKING WITH OUR CITY SECRETARY.
I UNDERSTAND THAT WE HAVE QUITE A FEW SPEAKERS ON THIS CASE, SO WE ARE GOING TO LIMIT, UM, EACH SPEAKER TO THREE MINUTES VERSUS FIVE MINUTES.
UM, SO WE WILL HAVE THREE MINUTES FOR THE, FOR EACH SPEAKER FOR THE, UM, IN SUPPORT OF THE APPLICATION.
AND WE'LL HAVE THREE MINUTES FOR EACH OF THE SPEAKERS IN OPPOSITION FOR THE APPLICATION AND THE SUPPORT.
WE'LL HAVE A TIME TO COME BACK AND REBUT WHAT THEY ARE TO REPLY TO THE COMMENTS THAT HAVE BEEN MADE.
UM, SO IF WE CAN HAVE YOU SWORN IN AND THEN WE WILL, DO YOU WANNA SWEAR EVERYBODY IN IF THEY'RE ALL HERE FOR THE CASE? WE HAVE TO DO INDIVIDUALLY, MS, BUT, BUT WE SWEAR EVERYBODY IN.
IS EVERYBODY HERE FOR CASE BDA? 2 2 3 14.
DO WE HAVE ANYBODY ONLINE FOR THIS? MS. WILLIAMS? ROBERT GRANADO IS ONLINE? YEAH.
SO IF WE CAN DO EVERYBODY AT ONCE, THAT'LL SAVE A LITTLE BIT OF TIME.
AS LONG, MR. GRANADO, CAN YOU, UH, TURN YOUR CAMERA ON FOR THIS, PLEASE? THERE HE IS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
AND POINT OF CLARIFICATION, DOES THE APPLICANT HAVE THE SAME THREE MINUTES OR ADDITIONAL TIME? UNDERSTOOD.
YOU RULE STATEMENT UPON FOR APPLICANT
SO THE LANGUAGE FROM THE PARTICULAR CODE IS THAT BEFORE THE APPLICANT BEGINS, BEFORE YOU'VE BEGUN, PRESIDING OFFICER CAN LIMIT THE APPLICANT'S TIME EQUALLY LIMIT THE TIME OF THE SPEAKERS IN FAVOR OR OPPOSITION OF, OR BOTH.
I BELIEVE I UNDERSTAND YOUR ARGUMENT TO MEAN THAT EVEN IF THERE'S THREE MINUTES PER OPPOSITION SPEAKER, SO THERE'S FIVE SPEAKERS, THAT'D BE 15 MINUTES AND YOU SHOULD HAVE FIVE MINUTES.
THAT'S NOT THE WAY IT'S BEEN INTERPRETED IN THE PAST.
IT'S BEEN THREE MINUTES PER SPEAKER.
[01:25:01]
THIS INSTANCE, UM, YOU, MR. KINGSTON WOULD HAVE THREE MINUTES.MRS. KINGSTON, YOU'D HAVE THREE MINUTES AS WELL.
UM, EACH OPPOSITION SPEAKER WOULD HAVE THREE MINUTES AND THEN YOUR, YOU WOULD HAVE AN EXTRA THREE MINUTES TO REPLY AT THE END.
I'M, I'M JUST GOING BY WHAT MR. NEWMAN DOES ON CAMERA.
AND IF WE, IF WE HAVEN'T GOTTEN OUR POINT ACROSS AND WE NEED TO ASK QUESTIONS, ANY QUESTIONS DO NOT COUNT AGAINST YOUR FINE.
SO WE WILL MAKE SURE WE THOROUGHLY HEAR THE CASE PROMISE.
THANK YOU ALL FOR YOUR SERVICE.
UM, I'M NOT SURE IF I HAVE TO DISCLOSE THIS, BUT I'M GONNA DO IT.
I AM NOT A CITY ATTORNEY, BUT I AM AN APPOINTEE TO A COMMISSION.
I'M HERE TODAY IN MY INDIVIDUAL CAPACITY.
MY NAME'S MELISSA KINGSTON AND I'M HERE WITH MY HUSBAND PHILIP KINGSTON.
WE ARE ASKING FOR THREE VARIANCES FOR THE PROPERTY, LOCATED AT 6 0 4 5 6 0 4 7 VELASCO AVENUE.
THAT PROPERTY IS A 1924 WOOD FRAME DUPLEX WITH A THIRD UNIT IN THE GARAGE, UM, APARTMENT IN THE REAR.
SO IT IS A LEGAL NON-CONFORMING THREEPLEX UNDER THE, UH, BELMONT EDITION CONSERVATION DISTRICT CD 12 ORDINANCE.
IT IS SPECIFICALLY LISTED AS SUCH IN EXHIBIT B TO THE ORDINANCE.
UM, BELMONT EDITION CD WAS FORMED IN MARCH OF 2004.
THE CONSERVATION DISTRICT SAYS THAT THE SIDE SETBACKS ARE FIVE FEET ON ONE SIDE AND 10 FEET ON THE OTHER.
THE REAR SETBACKS, WHICH ARE NOT REALLY IMPLICATED IN THIS CASE, VARY STREET TO STREET.
AND THE FRONT YARD SETBACKS VARY STREET TO STREET ON CORNER LOTS, WHICH THIS PROPERTY IS ON THE CORNER OF ALASKA.
THE SIDE SETBACK FOR ACCESSORY STRUCTURES IS THE SAME SETBACK AS THE MAIN STRUCTURE, WHEREAS IN ALL OTHER LOTS IN THE DISTRICT, THE, UH, SETBACKS FOR ACCESSORY STRUCTURES ARE ZERO IF UNDER 15 FEET AND THREE IF OVER 15 FEET.
SO IF THIS WERE AN INTERIOR LOT, ONE OF THE SETBACKS WE'RE ASKING FOR WOULDN'T BE AN ISSUE.
UM, FOR CONTRIBUTING ORIGINAL STRUCTURES, WHICH THIS IS THE LOT, COVERAGE IS 45%.
UM, UNDER TYPICAL DUPLEX ZONING LOT COVERAGE WOULD BE 60% AND THE SETBACKS WOULD BE FIVE AND FIVE ON THE SIDES AND 25 IN THE FRONT.
UM, THE PROJECT THAT WE'RE PROPOSING IS TO RESTORE AND REMODEL THE ORIGINAL STRUCTURE AND DO AN ADDITION TO THE ADDITIONAL ORIGINAL STRUCTURE TO INCLUDE TWO, TWO CAR GARAGES IN THE REAR WITH ALLEY ACCESS.
UM, THE REASON WE ARE PROMOTING ALLEY ACCESS IS BECAUSE ACCESS FROM SKILLMAN IS NOT ONLY MORE DANGEROUS FOR THE HABITAT, BUT MORE DANGEROUS FOR THE PEOPLE WHO FREQUENT SKILLMAN.
AND IF YOU'VE DRIVEN UP AND DOWN SKILLMAN, YOU KNOW EXACTLY WHAT I'M TALKING ABOUT.
UM, I THINK THERE'S BEEN SOME CONFUSION ABOUT WHAT OUR PROJECT IS.
THAT WOULD INCLUDE GETTING RID OF THE THIRD GARAGE APARTMENT, THE THIRD LEGAL UNIT THAT'S ON THE SITE NOW.
UM, WE HAVE A HISTORY OF DOING THESE TYPE OF PROJECTS IN THE CITY, AND WE ARE COMMITTING TO, UH, TAKING THIS, UH, HOUSE, WHICH WAS BUILT 1924 AND GIVING HER A GREAT BIG UPGRADE FOR HER BIRTHDAY NEXT YEAR.
UM, THE VARIANCE REQUESTS ARE ON THE WEST SIDE.
THE HOME IS CURRENTLY BUILT WITHIN THE FIVE FOOT SETBACK.
IT'S A LITTLE OVER A FOOT INTO THAT SETBACK.
SO THE FIRST VARIANCE WE'RE ASKING IS FOR A VARIANCE ON THAT SIDE SETBACK ON THE WEST.
I'M JUST TELLING Y'ALL ONCE WE HAVE, EVERYBODY GETS THE SAME AMOUNT OF TIME, BUT I I'M OKAY WITH THAT.
UM, THE SECOND REQUEST WE'RE ASKING FOR IS THE SETBACK ON THE EAST SIDE.
THE PROPERTY IS LOCATED NEXT TO SKILLMAN.
THERE IS A LARGE RIGHT OF WAY THAT THE CITY OWNS BETWEEN OUR PROPERTY LINE AND SKILLMAN.
AND SO IN OUR VIEW, THIS REQUEST DOES NOT NEGATIVELY IMPACT THE NEIGHBORHOOD.
AND FOR THOSE OF YOU WHO ARE NOT FAMILIAR, I WAS THE APPLICANT FOR THIS CONSERVATION DISTRICT.
UM, PHILIP AND I HAVE FOUGHT AND PROTECTED THIS NEIGHBORHOOD FOR OVER 20 YEARS.
WE WOULD NOT BE HERE ASKING FOR VARIANCES THAT WE THOUGHT WOULD HARM THE NEIGHBORHOOD.
UH, I THINK THAT THE UNIQUE LOCATION OF THIS PROPERTY ON SKILLMAN AND THE VARIANCES WE'RE ASKING FOR IN TERMS OF ADDITIONAL LOT
[01:30:01]
COVERAGE AND VARIANCES WILL BE IMPACTED ON THE SKILLMAN SIDE AND WILL NOT ADVERSELY IMPACT THIS NEIGHBORHOOD OR THIS PROPERTY.AND IT ALLOWS US TO MAINTAIN THE LEGAL NON-CONFORMING USE OF A DUPLEX.
AND PART OF THE REASON THAT WE ARE INTERESTED IN THAT AND GETTING TO THE STANDARD IS, YOU KNOW, WHEN YOU LOOK AT THE FIRST LEG, NOT CONTRARY TO PUBLIC INTEREST, AND I'VE HEARD THAT YOU ALL KIND OF LOOK TO IS THERE OPPOSITION OR SUPPORT? AND I KNOW THAT YOU HAVE A STACK OF LETTERS IN EACH DIRECTION IN YOUR PACKET.
THAT'S NOT THE ONLY CONSIDERATION FOR PUBLIC INTEREST.
DALLAS IS IN A HOUSING CRISIS AND NEW HOUSING THAT PEOPLE WANNA LIVE IN, THAT FAMILIES WANNA LIVE IN IS IMPORTANT.
AND, UM, THE, IN OUR NEIGHBORHOOD NEW HOMES ARE NOW GOING FOR ABOUT $2 MILLION.
A MORTGAGE ON A $2 MILLION HOUSE IS ABOUT $12,000 A MONTH WITH A 20% DOWN.
THAT'S CATERING TO REALLY LESS THAN THE TOP 1%.
AND BY BUILDING DUPLEXES, IF THEY'RE, AND WE WE INTEND TO SELL THEM, THEN YOU ARE ALLOWING PEOPLE TO COME INTO THIS COMMUNITY, WHICH IS A HIGH OPPORTUNITY AREA WITH GOOD SCHOOLS FOR PART OF THE WOODROW FEEDER PATTERN AT A VERY DIFFERENT PRICE POINT THAN WHAT THE NEW SINGLE FAMILY HOMES IN OUR NEIGHBORHOOD ARE GOING FOR.
AND THAT ECONOMIC DIVERSITY IS IMPORTANT FOR THE HEALTH OF OUR NEIGHBORHOOD.
SO THAT'S PART OF WHY THIS PROJECT WAS ATTRACTIVE TO US.
UM, AND THE, UM, GOING TO THE NEXT PRONG NECESSARY TO PERMIT DEVELOPMENT OF THE SPECIFIC LOT.
IN ORDER TO HAVE TWO, TWO CAR GARAGES, WE REALLY NEED AT LEAST 44 FEET OF DEVELOPABLE SPACE.
SO THAT'S PART OF WHY WE'RE ASKING FOR THE SIDE SETBACKS.
AND UNDER HOUSE BILL 1475, I THINK WE MEET MORE THAN ONE OF THE PRONGS, SPECIFICALLY, THIS IS A LEGAL NON-CONFORMING USE.
AND IT'S NOT ONLY AS A DUPLEX, BUT ALSO WHERE IT RESIDES ON THE LOT.
FINALLY, THE, THE LAST PRONG NOT GRANTING A RELIEF TO CREATE, TO ALLEVIATE A SELF-CREATED HARDSHIP.
WE BOUGHT THIS PROPERTY AS IT IS, IT WAS ALREADY BUILT INTO THE WEST STEPBACK THE RIGHT OF WAY ALONG.
SKILLMAN ALREADY EXISTS AND THE DUPLEX RIGHTS ALREADY EXIST WITHOUT THESE VARIANCES.
IT LIMITS OUR ABILITY TO BUILD DUPLEXES THAT FAMILIES WANNA LIVE IN, IN THIS COMMUNITY.
AND IT, AND IT LIMITS THE, THE ABILITY TO RETAIN THAT DUPLEX, NON-CONFORMING LEGAL USE.
UM, SO FOR THOSE REASONS, WE ASK THAT YOU GRANT THE VARIANCES WE'VE REQUESTED.
AND I'M AVAILABLE FOR ANY QUESTIONS THAT YOU HAVE THAT I CAN ANSWER.
UM, OKAY, SO WE NOW HAVE IS FOR SPEAKER, SO MUCH FOR SAVING TIME FOLKS.
DO WE HAVE ANY QUESTIONS? UM, YES.
SO WE WENT THROUGH, WE WENT THROUGH A LOT THERE.
THERE'S OBVIOUSLY THREE DIFFERENT APPLICATIONS IN FRONT OF THIS, THIS BOARD RIGHT NOW.
IS IT POSSIBLE SO WE CAN KIND SPEAK THROUGH THOSE APP WALKTHROUGHS APPLICATIONS RIGHT NOW? IF STAFF, WE CAN PULL UP JUST A SITE PLAN SO WE GET KIND OF ORIENTED, UM, WITH THESE SPECIFIC REQUESTS.
UM, FIRST OF ALL, WILL YOU SPEAK TO THE, YOUR FIRST REQUEST, WHICH IS A REQUEST TO, UM, UH, IN REGARDS TO A VARIANCE FOR 457 SQUARE FEET? YES.
UM, IS THERE A WAY THAT YOU CAN CONSTRUCT SOMETHING HERE, UM, WITHOUT NEEDING THAT REQUEST? OR WHY, WHY ARE YOU ASKING FOR THAT SPECIFIC VARIANCE HERE? YOU CAN BUILD IT WITHOUT THE LOCK COVERAGE VARIANCE.
HAVING THE LOCK COVERAGE VARIANCE ALLOWS US TO PRESERVE MORE OF THE ORIGINAL STRUCTURE.
SO IF WE DIDN'T GRANT THAT APPLICATION, WHAT PART OF THE STRUCTURE WOULD NOT SEE, WOULD NOT MAKE IT THROUGH THE DEVELOPMENT.
UM, THE REAR PORTION AND THERE IS A BUMP OUT ON THE WEST SIDE THAT WOULD PROBABLY GET SHOT.
UM, WE PULL THE, WELL, EXCUSE ME, WHEN YOU SAY THE REAR PORTION, DO YOU MEAN THAT THE, THE TRIPLE LEX WOULD BE, YOU'D HAVE TO REMOVE THAT STRUCTURE.
WE'RE GONNA DO THAT EITHER WAY.
I, I MEANT THE REAR PORTION OF THE EXISTING DUPLEX.
THANK YOU FOR YOUR CLARIFICATION.
I'M JUST TRYING TO GET ORIENTED WITH THESE, UH, WITH THESE APPLICATIONS.
[01:35:01]
UM, OKAY, SO WHAT CAN WE, IS THERE, DO WE HAVE AN IMAGE OF, OF THE BACK, THE REAR OF THE STRUCTURE THAT WOULD, UM, THAT WOULD BE IMPACTED IF WE DON'T GRANT THE 457 SQUARE FOOT VARIANCE? WELL, IT'S JUST A MATTER OF HOW DO YOU CONSTRUCT SOMETHING THAT IS GOING TO BE SOMETHING THAT FAMILIES WANNA LIVE IN TODAY.AND IF WE HAVE LEEWAY IN THE LOCK COVERAGE, THEN WE CAN PRESERVE MORE OF THE ORIGINAL STRUCTURE AND STILL DO THE GARAGES AND THE OTHER THINGS THAT FAMILIES WANT.
IF NOT, WE'RE GONNA HAVE TO MAKE SOME CHOICES.
AND, YOU KNOW, ONE OF THOSE CHOICES THAT WE'VE TALKED ABOUT WITH OUR ARCHITECT IS WHAT PARTS OF THE ORIGINAL STRUCTURE WOULD GO IN ORDER TO MEET THOSE.
'CAUSE PART OF WHAT YOU'RE WE'RE ASKING FOR IS THE EXTRA 5% OF BLOCK COVERAGE IS REALLY JUST COMING UP THE WEST SIDE.
AND SO THAT WEST SIDE HAS SOME BUMP OUTS AND THAT COMBINED WITH SOME OF WHAT'S ON THE BACK OF THE HOUSE, WE, WE WOULD JUST STRUCTURE IT DIFFERENTLY IF WE DON'T HAVE THAT EXTRA 5%.
YOU MADE A COMMENT ABOUT, UM, FREQUENTLY WE SEE 60% LOT COVERAGE FOR DUPLEXES.
WELL, THE, THE ZONING IN THE CITY OF DALLAS FOR DUPLEX ZONING IS 60% LOT COVERAGE.
SO WHAT IS IT ABOUT? IS IT, IS THIS THE LOT COVERAGE RESTRICTED BY THE CONSERVATION DISTRICT HERE? YES.
IS THIS, WELL, I MEAN, WE DON'T HAVE A PICTURE OF WHAT YOU'RE PLANNING.
IS THIS A TWO STORY OR IT WILL BE, PART OF IT WILL BE TWO STORY.
UM, THE FRONT OF THE HOUSE WE WOULD HAVE AS ONE STORY AND GETTING HIGHER AS YOU GO BACK ON THE, ON THE BUILDING, TYPICALLY WITH THE CRAFTSMEN AESTHETIC, YOU WOULD HAVE, UH, A SECOND STORY BE SET BACK FROM THE MAIN PLANE OF THE FRONT OF THE ORIGINAL STRUCTURE OR THE MAIN STRUCTURE.
OUR CONSERVATION DISTRICT DOESN'T REQUIRE THAT NOW BECAUSE WE AMENDED OUR ORDINANCE, OH, I'M SORRY, I I APOLOGIZE.
OUR CONSERVATION DISTRICT REQUIRES A FIVE FOOT SETBACK ON THE SECOND STORY FROM THE MAIN PLANE OF THE FIRST STORY.
AND IN TALKING WITH THE ARCHITECT AND WHO I, AND I ASSUME WHAT THE ENGINEER'S GOING TO SAY IS WE'RE GONNA HAVE TO GO BACK A LITTLE FARTHER THAN THAT IN ORDER TO, UM, HAVE THE STRUCTURAL SUPPORT TO DO A SECOND STORY ON THIS EXISTING STRUCTURE.
SO IF YOU THINK ABOUT IT IN TERMS OF LIKE THE OLD AIRPLANE ADDITIONS, THEY TEND TO BE SET IN A LITTLE BIT ON THE SIDES AND ON THE FRONT.
AND SO WHAT WE'RE PROPOSING OR WHAT WE'RE LOOKING AT DOING IS HAVING IT SET THE SECOND STORY SET BACK FROM THE FIRST STORY IN THE FRONT AND READING THE LETTERS THAT CAME FROM, UM, IT CAME FROM THE, UH, OPPOSITION.
SEVERAL PEOPLE CITED THAT THEY WERE SURPRISED THAT YOU WERE COMING TO US BEFORE GOING TO THE CONSERVATION DISTRICT.
CAN YOU SHARE A LITTLE BIT ABOUT WHY YOU'VE COME IN THIS ORDER? UH, WHY, WHY YOU'RE DOING THIS IN THE ORDER YOU'RE DOING IT AND NOT HAVING THE PLANS REVIEWED BY THE CONSERVATION DISTRICT BEFORE COMING HERE? THERE'S NO MECHANISM UNDER CONSERVATION DISTRICT ORDINANCES IN THE CITY OF DALLAS TO, UNLIKE A HISTORIC DISTRICT, WHICH MAY HAVE A COMMITTEE AND THEN GOES TO LANDMARK AND THEN GOES TO STAFF CONSERVATION DISTRICTS ONLY GET REVIEWED BY CITY STAFF.
WE HAVE HAD A PRELIMINARY MEETING WITH TREVOR IN THE CONSERVATION DISTRICT PRESERVATION OFFICE TO TALK ABOUT WHAT WE WERE DOING.
BUT THERE'S NO MECHANISM UNDER THE LAW FOR THE CONSERVATION DISTRICT TO APPROVE OR DISAPPROVE ANY OF THIS.
THIS, UH, NO QUESTION FOR THE APPLICANT, BUT FOR CITY STAFF, UM, YOU KNOW, THIS MAY BE JUMPING OUTTA ORDER 'CAUSE WE'RE TALKING ABOUT THE MAXIMUM LOT COVERAGE.
SO I'LL SAVE THIS FOR ONE OF THE, THE, UM, REQUESTS FOR SETBACK REGULATION.
WE'RE ALL TAKING IT ON RIGHT NOW.
UM, SO, UM, I PRINT RAISED THE POINT ABOUT THIS RIGHT AWAY OFF OF SKILLMAN.
ARE THERE ANY ADJACENT PROPERTIES, UM, THAT HAVE ENCROACHED ON THIS RIGHT OF WAY THAT HAVE BEEN APPROVED? OR WOULD THIS, WOULD THIS REQUEST BE SETTING A PRECEDENT FOR, UM, FOR THAT? WELL, LET ME BE CLEAR.
WE'RE NOT PROPOSING THAT WE ENCROACH ON THE CITY'S RIGHT OF WAY.
UM, WHAT WE ARE SAYING IS WE WOULD BUILD ON OUR OWN PROPERTY AND IT WOULD JUST BE MORE OF THE, THE, THE, UH, SETBACK ON THE WEST SIDE WOULD BE LESS CLOSER THAN THE 10 FOOT.
BUT BECAUSE THERE IS THAT RIGHT OF WAY, THE IMPACT OF THAT BUILDING IS NOT SOMETHING I THINK IS GONNA BE FELT BY THE COMMUNITY.
IN FACT, RIGHT NOW, THE FENCE FOR THIS PROPERTY SITS WELL INTO THE RIGHT OF WAY.
AND SO ONE OF THE THINGS THAT WE WILL DO
[01:40:01]
IN THIS PROJECT IS, IS BRING OUR FENCE AND EVERYTHING THAT WE OWN WITHIN OUR OWN PROPERTY LINE.AND SO IF YOU'RE LOOKING AT IT TODAY, WHAT WE'RE PROPOSING WOULD ACTUALLY BE FARTHER TO THE EAST THAN WHAT YOU'RE SEEING IN THESE PHOTOGRAPHS BECAUSE THE FENCE IS, IS ALREADY IN THE RIGHT OF WAY.
UM, I'VE GOT THE CLARIFICATION I NEED.
HOW BIG IS, UM, IF YOU RECALL, HOW BIG IS THE CITY'S RIGHT OF WAY? I, OKAY.
UM, AND OBVIOUSLY THERE'S SIGNIFICANT AMOUNT OF NEIGHBORS HERE TO SPEAK, UM, IN OPPOSITION.
UM, I LIKE TO ASK THIS OF ALMOST EVERY APPLICANT.
WHAT LEVEL OF COMMUNITY OUTREACH ENGAGEMENT WITH THOSE NEIGHBORS, ESPECIALLY, ESPECIALLY THIS CONSERVATION DISTRICT, IF ANY, HAVE YOU HAD? WELL WE'VE, WE'VE SPOKEN TO ABOUT 50 OF OUR NEIGHBORS.
YOU SEE SOME LETTERS OF SUPPORT.
UM, AND WE WERE NOT AWARE THAT ANYBODY REALLY WAS EVEN LOOKING AT THIS UNTIL THIS WEEKEND WHEN THERE WAS A FACEBOOK POST BY, UH, MS. SCHULTZ'S HUSBAND.
UM, FRANKLY, THERE'S A LITTLE BIT OF DISCORD IN OUR NEIGHBORHOOD AND THERE'S THE, LET'S JUST SAY IT'S, IT MIGHT BE POLITICAL.
AND SO, UM, NONE OF THE PEOPLE WHO OPPOSE IT APPROACHED US EITHER.
UM, THE SEVERAL PEOPLE WHO SAW THE FACEBOOK POST REACHED OUT TO US AND WHEN WE EXPLAINED TO THEM WHAT WE WERE DOING AND WHY WE WERE ASKING FOR THIS, EVERY ONE OF THOSE PERSONS I TALKED TO SAID THEY DIDN'T HAVE A PROBLEM WITH IT.
DO WE, I THINK THERE MIGHT BE, THERE MIGHT BE A LITTLE BIT OF CONFUSION ABOUT ON THIS PLAN, WHAT IS AN ADDITION AND WHAT IS THE EXISTING HOUSE? CAN YOU WALK US THROUGH HOW MUCH, HOW LARGE THAT THE EXISTING HOUSE IS ON THAT, YOU KNOW, VAPE? UH, MORE OR LESS WHAT AND WHAT YOU'RE ADDING? YEAH, I MEAN, THIS PLAN IS REALLY MORE OF A MASSING PLAN AND NOT AN ACTUAL ARCHITECTURAL DRAWING.
UM, AND I WOULD SAY IT LOOKS LIKE, DO YOU SEE KIND OF HALFWAY THROUGH THE SHADED AREA? THERE'S A HORIZONTAL LINE.
I WOULD SAY THAT'S WHERE THE END OF, ROUGHLY THE END OF THE HOUSE IS THE EXISTING DUPLEX.
UM, QUESTION AS TO WHAT MADE YOU DECIDE TO JUST SUBMIT A SITE PLAN RATHER THAN LIKE FULL PLANS OR ELEVATIONS? UM, WELL, ELEVATIONS FOR SOMETHING LIKE THIS WOULD PROBABLY BE ABOUT $10,000.
AND WITHOUT KNOWING WHAT OUR BUILDING ENVELOPE IS, YOU KNOW, WE WOULD BE AT POSSIBLY HAVING TO REDO THEM.
AND SO WE HAD PRELIMINARY SORT OF MASSING DRAWN TO SHOW, YOU KNOW, WHAT THIS, WHAT THE VARIANCES COULD LOOK LIKE.
I MEAN, FRANKLY, TO DO A REAL CRAFTSMAN HOUSE, YOU'RE PROBABLY GONNA HAVE SOME NUANCE THERE.
YOU'RE NOT JUST GONNA HAVE, UM, A WALL ALL THE WAY DOWN BOTH SIDES.
UH, ONE OF THE THINGS WE CONTEMPLATED WAS DOING OUTDOOR PATIOS BETWEEN THE MAIN STRUCTURE AND THE GARAGE IF THE GARAGES ARE ATTACHED.
UM, AND IF THE GARAGES ARE NOT ATTACHED, THEN OBVIOUSLY THERE COULD BE YARD THERE.
BUT THE WAY THIS IS DRAWN, THE GARAGES ARE ATTACHED WITH ABOUT A 30 FOOT SETBACK IN THE REAR.
AND HOW BIG WOULD EACH OF THESE, UM, UNITS BE EACH THE TWO, THE TOTAL STRUCTURE, SOMEWHERE AROUND 4,000 SQUARE FEET AND, AND NEW HOMES IN OUR NEIGHBORHOOD ARE BEING BUILT AT THAT SIZE OR LARGER.
THERE'S A 4,200 SQUARE FOOT NEW HOME ON MY BLOCK THAT'S, UH, FOR SALE FOR $1.95 MILLION.
AND AS YOU CAN IMAGINE, IT TAKES UP A SUBSTANTIAL PORTION OF A LOT.
SO I DON'T THINK THAT WHAT WE'RE PROPOSING IS GOING TO BE ANY DIFFERENT THAN, IT'S NOT GOING TO HAVE THE FEEL OF, OF ANYTHING DIFFERENT THAN WHAT WE'RE ALREADY SEEING BUILT IN OUR NEIGHBORHOOD.
UM, AND THEN YOU MENTIONED THAT THE THIRD UNIT IS BEING TAKEN DOWN.
UM, I KNOW THIS OUT OF OUR PURVIEW, BUT ALWAYS CURIOUS WHAT IS HAPPENING TO THAT BEAUTIFUL TREE THAT SITS IN
THEY'VE ALREADY BEEN TO THE PROPERTY AND ADVISE US TO TAKE THAT TREE DOWN BECAUSE IT IS DYING, IT IS TRIMMING ITSELF PRETTY REGULARLY.
UM, SO WE HAVE IDENTIFIED THE TREES THAT WE ARE GOING TO BE ABLE TO SALVAGE AND HAVE A, A LANDSCAPE PLAN, ASSUMING, YOU KNOW, THIS IS WHAT WE BUILD AND MOST OF THE OTHER TREES YOU SEE ON THE PROPERTY THERE TOWARDS THE BACK ARE HACKBERRIES.
HOW MANY TREES DO YOU THINK YOU'LL HAVE TO TAKE DOWN? UM, TWO THAT, THAT ARE NON HACKBERRY.
THERE ARE SOME HACKBERRIES AT THE BACK OF THE PROPERTY.
UM, THERE'S SOME OTHER SCRAP TREES AT THE BACK OF THE PROPERTY, BUT THE COTTONWOOD THAT'S IN THE CENTER, THAT'S, THAT'S
[01:45:01]
DYING, THAT'S GONNA COME DOWN NO MATTER WHAT.UM, BECAUSE IT'S NOT HEALTHY AND IT IS DAMAGING OUR PROPERTY AND STANDS THE IMAGE OF THE PROPERTIES.
SO I MEAN, TO SAY THAT THIS PROPERTY HAS DEFERRED MAINTENANCE IS PROBABLY AN UNDERSTATEMENT OF THE THREE UNITS.
I WOULD SAY ONE OF 'EM IS HABITABLE AT THE MOMENT.
UM, AND THERE IS A SMALLER KIND OF, WHAT I WOULD SAY, PROBABLY A VOLUNTEER FOR CONTRARY THAT WILL COME DOWN, BUT WE ARE ABSOLUTELY GONNA COMPLY WITH ARTICLE 10.
WE HAVE PLENTY OF SPACE ON THE PROPERTY TO COMPLY WITH ARTICLE 10.
UM, CAN WE PULL UP THE, UM, NOTIFICATION, THE MAP NOTIFICATIONS? WE CAN SEE, UM, LETTERS OF APPROVAL, LETTERS OF SUPPORT AND LETTERS OF OPPOSITION.
BUT WE DO HAVE LETTERS HERE OF APPROVAL, IS THAT CORRECT? I SAW EIGHT OF SUPPORT.
I SAW EIGHT OR NINE LETTERS OF SUPPORT.
I'M SORRY? I SAID I'VE SEEN EIGHT OR NINE LETTERS OF SUPPORT.
WE HAVE LETTERS OF SUPPORT THAT WERE TURNED IN.
WE'RE NOT IN THE NOTIFICATION AREA.
OKAY, BUT ARE, ARE THEY WITHIN THE CONSERVATION DISTRICT? CONSERVATION DISTRICT BUT NOT IN THE, UM, NOT IN THE NOTIFICATION AREA.
AND IS IT SAFE TO SAY ALL NINE LETTERS OF SUPPORT ARE WITHIN THE CONSERVATION DISTRICT OR HARD TO SAY.
UM, I ONLY HAVE SIX RECORDED SIX.
THEY'RE ALL, ALL OF THE ONES I SAW WERE IN THE CONSERVATION.
DID YOU, OF THESE, OF THESE HOMES IN THE, UM, REPORTING ZONE, DID YOU REACH OUT TO 'EM OTHER THAN THE LETTERS THAT WERE SENT FROM THE BOARD SECRETARY AND IT WAS PUBLIC NOTICE? WE DIDN'T, WE POSTED THE, THE NOTICE WE POSTED, THERE ARE TWO SIGNS POSTED.
UM, I FRANKLY, I DID NOT THINK THAT MOST OF THOSE PEOPLE WOULD NOTICE OR CARE.
I MEAN, IT, IT TO ME DOES NOT SEEM LIKE A SIGNIFICANT VARIANCE, UM, GIVEN WHAT WE TYPICALLY SEE HAPPEN IN OUR NEIGHBORHOOD.
WE HAVE A NUMBER OF PROPERTIES THAT WERE BUILT IN WHAT WE NOW CALL THE SETBACKS.
AND THEY HAVE BEEN DEVELOPED AND REDEVELOPED.
AND WHAT YOU TYPICALLY SEE IS THEY SAVE A PORTION OF A WALL SO THEY CAN CALL THE REMODEL AND IT'S USUALLY THE WALL THAT'S IN THE SETBACK THAT THEY WANNA KEEP EITHER A FRONT SETBACK OR A SIDE SETBACK AND THEY DESTROY THE REST OF THE PROPERTY.
SO THERE'S VERY, VERY LITTLE LEFT OF IT.
UM, AND IT'S BASICALLY A NEW BUILD THAT THEY'VE SORT OF, WE'RE CALLING IT A REMODEL, BUT IT'S NOT A REMODEL IN ORDER TO TAKE ADVANTAGE OF THOSE SETBACKS.
AND THOSE ARE ALL OVER THE CONSERVATION DISTRICT AS OUR MULTI-FAMILY.
UM, WE HAVE A NUMBER OF DUPLEXES, BUT WE, THERE'S A SIXPLEX TWO DOORS DOWN FROM ME.
THERE'S AN EIGHT PLEX AROUND THE BLOCK FROM ME.
THERE'S A THREEPLEX BEHIND ME.
SO CHARACTERISTIC OF THESE OLD NEIGHBORHOODS IN EAST ALICE, THERE'S LOTS OF DIVERSITY IN HOUSING TYPE THAT HAS HISTORICALLY BEEN DEVELOPED AND THE CONSERVATION DISTRICT SPECIFICALLY MAKES DUPLEXES AND OTHER FORMS OF MULTIFAMILY, LEGAL, NON-CONFORMING UNDER THE ORDINANCE.
UM, I LIVE, I ALSO LIVE IN A CONSERVATION DISTRICT, NOT BELMONT, BUT I LIVE IN THE C PLACE.
SO, UM, I ALWAYS APPRECIATE THE, YOU KNOW, MAINTAINING AS MUCH OF THE HISTORIC NATURE AND, AND PRESERVING THESE HOMES THAT ARE BUILT.
UM, YOU KNOW, ALMOST A HUNDRED YEARS AGO, UM, YOU DO SIT ON ANOTHER COMMISSION IF YOU WERE IN MY SHOES.
UM, AND YOUR APPLICANT MENTIONED THAT THEY HAD NOT REACHED OUT TO THOSE IN THE REPORTING ZONE, WOULD YOU TELL ME TO GO AND DO A LITTLE BIT MORE WORK AND REACH OUT TO THE COMMUNITY? I THINK IT PROBABLY DEPENDS.
THIS IS A VERY ENGAGED NEIGHBORHOOD AND PEOPLE KNOW WHO WE ARE, FRANKLY.
UM, WE HOST A LOT OF COMMUNITY EVENTS AT OUR HOME, UH, WE HISTORICALLY HAVE.
SO I WOULD'VE THOUGHT THAT PEOPLE WHO ARE SITTING IN THIS ROOM WHO KNOW EXACTLY WHAT WE ARE, IF THEY HAD A QUESTION OR AN ISSUE WOULD'VE CONTACTED US.
UM, I FRANKLY DON'T KNOW THAT I THINK IT'S GONNA MAKE THAT BIG A DIFFERENCE BECAUSE I DON'T THINK THAT OPPOSITION TO THIS APPLICATION OR CHANGES TO THE CONSERVATION DISTRICT IS WHAT'S DRIVING THE, THE OPPOSITION.
ANY OTHER QUESTIONS? WE HAVE ANOTHER SPEAKER IN, UM, A SUPPORT.
THANK YOU MS SIX, SIX AND A HALF MINUTES HERE ALL DAY.
SORRY, I DON'T HAVE MUCH TO ADD OTHER THAN I WANTED TO CLARIFY THAT WE, THE WEST WALL IS THE ONE THAT CURRENTLY EXISTS WITHIN THE SETBACK.
UM, IF THE, IF WE HAVE TO BUILD AT 45% BLOCK COVERAGE, IT'S THE EAST WALL THAT WILL COME IN AND IT WILL, UH, AS MELISSA SAID, IT WILL RESULT IN MORE OF THE EXISTING
[01:50:01]
STRUCTURE, UH, BEING DEMOLISHED TO MAKE WAY FOR THE, OR THE ADDITION AND THE, THE REMODELING.SO I KNOW WE SWORE YOU IN, BUT CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD? SORRY, PHILLIP KINGSTON.
I THINK SHE GOT A LITTLE CONFUSED ON THAT.
IT'S JUST, JUST SO THAT WE'RE CLEAR ON WHAT, WHAT SIDE IS COMING IN.
WELL, AND I HAD, UM, I HAVE ONE QUESTION ON, WHEN, WHEN YOU TALK ABOUT HOW MUCH LIKE YOU'RE REMODELING, HOW MUCH DO YOU PLAN ON TEARING DOWN AT THIS CURRENT HOUSE? IT SOUNDS LIKE Y'ALL MAINTAIN MORE THAN JUST A WALL OR DO YOU HAVE A PLAN FOR THAT AT, I THINK AT A BARE MINIMUM WE WANT TO RETAIN THE WEST WALL AND THE SOUTH WALL.
I THINK IF WE GET THE LOT COVERAGE, UH, EXPANSION, WE HAVE AN OPPORTUNITY TO RETAIN A GOOD PORTION OF THE EAST WALL AS WELL.
OUR, OUR GOAL REALLY IS TO MAKE THIS AN EXPANSION OF AN EXISTING STRUCTURE AND NOT ONE OF THESE TOTAL DEMOLITION PROJECTS THAT SOMEHOW KEEP GETTING APPROVED.
UM, SO THIS IS JUST FOR MY CLARIFICATION WITH THE CONSERVATION DISTRICT THAT CAME IN, I GUESS MARCH OF 2004, DID THAT, UM, OUTLAW MULTI-FAMILY UNITS IN THIS CONSERVATION DISTRICT.
SO UNLESS YOU ARE REMODELING WHAT'S ALREADY THERE, YOU CAN'T ADD ANOTHER MULTI-FAMILY.
IS THAT, DID I MAKE, IS THAT A CORRECT ASSUMPTION? WELL, IT IS, IT IS CORRECT THAT THE CONSERVATION DISTRICT REITERATES THAT THE ZONING FOR THE NEIGHBORHOOD IS SINGLE FAMILY, BUT THAT CHANGE WAS ACTUALLY MADE IN 1965.
SO UNLESS IT'S, UNLESS YOU'RE BUILDING UPON THE ALREADY NONCONFORMING USE, YOU CANNOT BUILD ANOTHER MULTIFAMILY IN THE NEIGHBORHOOD.
ARE THERE ANY OTHER QUESTIONS? OKAY.
AND THERE ARE NO OTHER SPEAKERS IN SUPPORT.
UM, THEN IF YOU'LL START CALLING UP OUR OPPOSITION SPEAKERS WHO YOU NOW HAVE SIX AND A HALF MINUTES TO SPEAK.
YOU DON'T HAVE TO USE ALL THE TIME.
IF YOU
DO YOU WANT, UH, MR. GRANOS ON THAT IS VIRTUALLY FIRST OR, UM, SURE.
MR. GRANADOS, IF YOU CAN PLEASE PROVIDE YOUR VIDEO.
UM, WE NEED TO BE ABLE TO SEE YOU.
OH, THERE, THERE, YOU'RE THERE.
UM, CAN I BEGIN, OR YOU'RE GOOD TO GO? UH, PLEASE STATE YOUR NAME, ADDRESS FOR THE RECORD.
IF YOU CAN PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
ROBERT GRANADO, 60 43 6 0 4 3 VELASCO AVENUE.
UM, I'M ACTUALLY THE NEXT DOOR NEIGHBOR.
UM, I'M ACTUALLY GONNA START 'CAUSE I'M A LITTLE BIT CONFUSED SLASH CURIOUS, UH, AS TO WHAT NEGATIVE IMPACT MEANS.
'CAUSE I'VE HEARD THAT PHRASE, UH, USED THIS AFTERNOON.
I'M CONFUSED THAT THIS VARIANCE IS DEALING ONLY IN TERMS OF THE NUMBERS, THE MEASUREMENTS, OR IS IT DEALING WITH, UH, THE LIVING STANDARDS OF THE NEIGHBORS? THIS IS WHERE I'M A LITTLE BIT CONCERNED BECAUSE ESSENTIALLY I THINK THAT IN, IN, IN MY CASE, I HAVE ONE OF THOSE SINGLE STORY, WELL, IT'S TECHNICALLY TWO STORY, BUT THE, THE SECOND STORY IS ONE OF THOSE SETBACKS WHERE NOTHING IS, THERE'S, IT'S NOT LIVED IN.
AND SO TO HAVE ANOTHER TWO STORY HOME NEXT DOOR TO ME, I THINK IS KIND OF A PASSIVE INCURSION ON MY PRIVACY AS WELL AS TWO OTHER SINGLE STORY HOMES TO THE WEST.
UM, SO I'M NOT QUITE SURE, UM, HOW THAT WOULD AFFECT THE DECISION ON, ON IN TERMS OF, OF APPROVING THIS VARIANCE.
UH, IN TERMS OF NUMBERS, I HAVE NOTHING TO FIGHT WITH ON THAT ONE, OTHER THAN A LOT OF THE NEWER HOMES THAT ARE LARGE ARE SINGLE FAMILY.
AND, UH, THE, THE PERSON WHO OWNED THE HOME PREVIOUSLY RENTED OUT THE PROPERTY AND WE HAD SOME ISSUES.
UH, THERE WERE BEEN MULTIPLE TIMES WHERE I HAD TO CALL LAW ENFORCEMENT, UH, BECAUSE OF WHO WAS, UH, RENTING THE PROPERTY.
I DON'T KNOW IF IT'S BEEN MADE CLEAR WHETHER THIS MULTI-FAMILY HOME WILL BE SOLD OR RENTED OUT TO WHOEVER'S LIVING THERE OR IF IT'S GONNA BE SOLD TO ANOTHER, UH, LANDLORD, FOR LACK OF A BETTER WORD.
SO THAT CONCERNS ME AS WELL, BEING THE NEIGHBOR HAVING TO HAVE DEALT WITH THAT OVER REALLY THE LAST 12 YEARS, UH, TO HAVE THAT HAPPEN AGAIN WITH A NEWER STRUCTURE.
UM, I HAVE A PROBLEM WITH THAT.
UM, I WASN'T GOING TO SAY ANYTHING, BUT I'M A LITTLE BIT CONCERNED ABOUT, UH, MS. KINGSTON MENTIONING THIS AS BEING POLITICAL.
[01:55:01]
LOOK, UH, I I, I WAS NEVER APPROACHED FROM, UH, MS. KINGSTON ABOUT ANYTHING ABOUT THIS.UM, I ACTUALLY SAW HER WALKING IN THE YARD ONCE AND, AND NO ONE, NOTHING WAS SAID FROM EITHER ONE OF US, BUT I DIDN'T KNOW WHAT WAS HAPPENING.
UM, I DON'T KNOW HOW MY PRIVACY IS POLITICAL.
I DON'T KNOW HOW MY SAFETY IS POLITICAL.
UH, I'M RIGHT NEXT DOOR, SO I RECEIVED NO CONTACT, UH, FROM MS. KINGSTON ON THAT POINT, SO I JUST WANTED TO MAKE SURE THAT WAS, UM, THAT WAS CLEAR.
UM, SO YEAH, MY, MY TWO MAIN CONCERNS AT THIS POINT ARE BASICALLY MY PRIVACY.
UH, UM, I'M SORRY, MY HOME IS SINGLE STORY, BUT IT IS, AND WE HAVE, UH, TWO OTHER SINGLE STORY HOMES TO, TO THE WEST.
AND, UM, YOU KNOW, I KNOW THAT THE FUTURE PROBABLY LIES IN BUILDING LARGER HOMES.
I HAVE NO PROBLEM WITH THAT NECESSARILY.
UH, BUT FOR NOW IT DOES AFFECT MY PRIVACY AND MULTI-FAMILY HOME, IN MY OPINION, AFFECTS MY SAFETY.
SO I'LL KEEP IT NICE AND SHORT.
THOSE ARE, THOSE ARE MY CONCERNS, UH, AT THIS MOMENT.
DO WE HAVE ANY QUESTIONS? MAY I HAVE A QUESTION? UH, FOR STAFF? IS, UH, SINGLE TWO STORY HOMES ALLOWED IN THIS CONSERVATION DISTRICT OR TWO STORY HOMES NOW ALLOWED? IS THAT ALLOWED BY RIGHT.
TWO STORY HOMES ARE ALLOWED IN CD 12.
SO ARE THERE HEIGHT RESTRICTIONS? YES.
30 FOOT MAXIMUM HEIGHT, UH, GRADE TO THE HIGHEST POINT OF THE RIDGE.
UM, I, I JUST WANNA, UM, SPEAK TO JUST SOME OF THE QUESTIONS AND CONCERNS THAT THE, UM, SPEAKER JUST, UM, HAD.
IS HE STILL ON BY THE WAY? YES, I'M HERE.
ACTUALLY NEED ADD ONE MORE THING LATER IF IT'S OKAY.
WHY DON'T YOU GO AHEAD AND THEN, AND THEN, UM, I CAN SPEAK TO SOME, UH, I, I APPRECIATE.
UH, JUST TO, UM, AS AN FYI, LAST YEAR, UH, MY MOTHER AND I ACTUALLY, UH, DID SOME WORK ON OUR ORIGINAL HOME.
AND, YOU KNOW, WE HAD TO JUMP THROUGH THE HOOPS TO MAKE SURE THAT EVERYTHING WAS DONE CORRECTLY.
WE ACTUALLY HAD TO PUT SIDING TWICE BECAUSE WE HAD A COMPLAINT ABOUT WHAT SIDING WE PUT, BUT WE DID IT EVEN THOUGH IT WAS FINANCIALLY DEVASTATING AT THE TIME, BUT WE DID IT.
SO IT IS POSSIBLE TO KEEP THESE HOMES LOOKING THE WAY THEY LOOK AT AN IMPROVED, YOU KNOW, IN AN APPROVED WAY.
SO IT'S NOT AN IMPOSSIBLE THING AND IT, I, I GET THE FEELING SOMETIMES, BUT WHAT I'M HEARING FROM A LOT OF DEVELOPERS, I'M NOT SAYING HOMEOWNERS AT THIS POINT, I'M SAYING DEVELOPERS, THE ASSUMPTION IS KNOCK OR THE, THE FEELING IS IT'S BETTER TO JUST KNOCK IT DOWN AND PUT SOMETHING ELSE THAT'S THAT'S BIGGER, FAIR ENOUGH.
BUT TO IMPROVE WHAT'S ALREADY THERE IS POSSIBLE, IT WAS DONE BY US AND WE ARE NOT WEALTHY.
I APPRECIATE YOUR TESTIMONY TODAY AND I WANNA, UM, I THINK YOU HAD SOME QUESTIONS ABOUT, UM, THIS PROJECT.
UM, SO I DON'T KNOW IF YOU'VE HEARD, UM, SO BY, BY RIGHT.
WHAT'S ALLOWED HERE IS ANYBODY CAN BUILD A, A EITHER SINGLE FAMILY OR THIS CASE IF THEY PRESERVE THE STRUCTURE, UH, A DUPLEX, UM, WITH A MAXIMUM HEIGHT OF 30 FEET.
SO, UM, THEY'RE NOT HERE IN FRONT OF THE BOARD TODAY TO ASK FOR VARIANCE ON HEIGHT.
UM, SO ALTHOUGH I DO, UM, HEAR YOUR CONCERNS ABOUT HEIGHT WITH A DUPLEX, UM, I DO HOPE THAT DEPENDING ON WHAT HAPPENS HERE TODAY, THAT THE KINGSTONS WILL WORK WITH YOU AND THEY'LL DEVELOP A PLAN THAT MINIMIZES, THAT PROTECTS YOUR PRIVACY AND SAFETY.
FROM WHAT I HEARD FROM THE APPLICANT IS, IS THAT THIS WILL BE, IF THIS IS PASSED A, A DUPLEX, BUT WITH THE INTENTION TO SELL EACH OF THE, UM, UNITS TO SOMEBODY THAT WOULD RESIDE THERE PERMANENTLY, WHICH I THINK GOES TOWARDS YOUR QUESTION ABOUT WHETHER IT BE A RENTAL OR NOT.
UM, I THINK, I THINK I JUST WANTED TO, I WANTED YOU TO BE HEARD, AND AT LEAST THAT WAS WHAT I WAS ARTICULATED, UM, BY THE APPLICANT.
UM, BUT I APPRECIATE YOU, UM, SHOWING UP AND SPEAKING ABOUT THIS PROJECT TODAY.
ARE THERE ANY OTHER QUESTIONS FOR THE SPEAKER? DO YOU HAVE ANYTHING YOU'D LIKE TO ADD? NO, NO, NO.
I, I, I REALIZED THAT WE'RE BASICALLY LOOKING AT NUMBERS AT THIS POINT IN MEASUREMENTS, BUT I WANTED TO MAKE SURE THAT IT WAS ALSO KNOWN THAT, UM, THIS AFFECTS MORE THAN NUMBERS AND MEASUREMENTS.
THANK YOU WHEN YOU'RE MAKING YOUR DECISION.
OKAY, MS. WILLIAMS, CAN WE HAVE THE NEXT MS. EDINA? RONALDO, UH, CAN I SPEAK FOR HER? SHE'S MY MOTHER.
SHE'S NOT GOING TO SPEAK TODAY.
I'M SPEAKING FOR HER AND MYSELF.
SORRY ABOUT, OH, SHE'S, SHE'S ACTUALLY SAY SOMETHING.
[02:00:01]
OKAY.I JUST WANTED TO BRING UP AN ISSUE THAT WE FORGOT TO PUT IN OUR LETTER.
YEAH, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD? ANINA GRANADO AND I LIVE AT 60 43 VELASCO NEXT DOOR TO THE PROPERTY IN QUESTION.
UM, WHAT I WANTED TO SAY IS JUST ONE ISSUE THAT'S KIND OF CONCERNS ME.
UH, WHEN A TENANT WAS EVICTED, THE OWNER WOULD ALWAYS PUT THEIR BELONGINGS, WHATEVER THEY HAD IN THE FRONT YARD OR THE CURBSIDE, AND IT MADE THE NEIGHBORHOOD LOOK REALLY BAD.
AND I NEVER DID APPRECIATE THAT, BUT THAT'S ONE ISSUE THAT I'M, I'M AFRAID COULD HAPPEN AGAIN WITH MORE ADDITIONAL TENANTS.
I'M LITTLE BIT NERVOUS HERE ANYWAY, I, I, LET'S START, START WITH YOUR NAME AND ADDRESS FOR THE RECORD.
I LIVE IN, YEAH, I LIVE RIGHT ACROSS FROM THIS PROPERTY.
CAN YOU TELL US YOUR, THE ADDRESS? THE WHAT, WHAT'S THE ADDRESS OF IT? THE ADDRESS.
AND CAN YOU SH UH, TELL US YOUR NAME FOR THE RECORD? 6 0 4 2 ANO WILLIAM J. GRAHAM.
ANYWAY, I I'M AGAINST THIS RIGHT HERE.
AND WHAT THE PREVIOUS PEOPLE, THAT PLACE HAS BEEN A NIGHTMARE FOREVER.
DRUGS, UH, THIS EVERYTHING AND, AND JUNK AND TRASH, IT'S JUST A NIGHTMARE.
THE HOUSE, THE HOUSE IS A TEAR DOWN.
MINE IS TOO, BUT I'M, I'M STILL ALIVE,
SO ANYWAY, UH, I DON'T KNOW WHY THEY WANT A VARIANCE.
I MEAN, THEY'RE THE ONES THAT WROTE THE CONSERVATION, THEY PUSHED IT, OH, IT'S GONNA GET RID OF THE MCMANSIONS AND ALL THAT.
AND WHAT HAPPENS? AND THEY START TEARING DOWN ALL THESE LITTLE OLD HOUSES AND THEN THEY MAKE YOU GO THROUGH ALL THE WHAT COLOR PAINT, WHAT KIND OF ROOF, WHAT KIND OF WINDOWS, HOW HIGH IS YOUR FENCE? IT, IT GOT TO BE TERRIBLE.
SO ALL THE NICE HOUSES ARE GONE NOW.
THEY, THEY TAKE DOWN ALL THE TREES.
FIRST THING THEY DO, IT'S ALL ABOUT MONEY.
THEY DON'T CARE ABOUT THE NEIGHBORHOOD.
SO I JUST HOPE AND PRAY THAT I DON'T CARE IF THEY BUILD A DUPLEX OR WHATEVER, BUT WE DON'T NEED A VARIANCE.
SO ANYWAY, LIKE I SAID, THE HOUSE IS A PIECE OF CRAP.
YOU WILL NOT BELIEVE PEOPLE WERE LIVING IN THAT THING.
I'M A, I'M A JUNKER, BUT MY JUNK IS NEAT.
CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? CLINT MURSON, 6 0 0 9 VELASCO AVENUE, DALLAS, TEXAS 7 5 2 0 6.
UM, I DON'T REALLY HAVE A DOG IN THE FIGHT HERE.
I'M, UH, NEW TO THE NEIGHBORHOOD.
UM, I DIDN'T REALIZE WHEN BUYING IN THE NEIGHBORHOOD THAT IT WAS A CONSERVATION DISTRICT.
AND I, AS BILLY MENTIONED, I I UNDERSTAND THE, UH, DESIRE FOR THAT WITH THE MCMANSION VIRUS.
IT SEEMS TO PLAGUE THINGS AND, AND I ABSOLUTELY ALIGN WITH THE, UH, APPLICANTS AS FAR AS THE VALUE AND NEED CURRENT SOCIETAL AND OUR FUTURE NEEDS FOR, UH, MULTIFAMILY, UM, DUPLEX, TRIPLEX, MORE CREATIVE, FLEXIBLE LIVING OPTIONS.
AND I DO THINK THAT'S VERY IMPORTANT.
MY DESIRE WOULD BE THAT THIS IS BROUGHT MORE TO THE NEIGHBORHOOD LEVEL
[02:05:01]
TO BRING SOME AWARENESS TO HOW CAN WE HAVE THESE OPEN CONVERSATIONS AND, UH, RECOGNIZE SOME NEEDS AND WHAT'S GOING ON, UH, CURRENTLY AND IN OUR FUTURE.AND I WISH THE APPLICANTS WELL AND I WISH THIS NEIGHBORHOOD VERY WELL AND HOPE WE CAN ALL CONTINUE TO COME TO A, UH, RESOLVED FUTURE.
SO I, I HAVE A QUESTION FOR YOU.
UM, SO ARE YOU IN SUPPORT OF THE APPLICATION, JUST NOT IN SUPPORT OF THE WAY THEY'RE GOING ABOUT IT OR, YEAH, I WOULD.
AND JUST PUTTING MYSELF IN THEIR SHOES, I'VE, I'VE DONE SOME REAL ESTATE DEVELOPMENTS OF MY OWN ON THE SMALL SCALE THAT HAS DEALT WITH SOME PRETTY CONTROLLING, UM, HISTORICAL, UH, REGULATIONS.
AND AGAIN, I, I EMPATHIZE, I, I UNDERSTAND, UM, TO A CERTAIN DEGREE WHY IT'S THERE.
AND SO I I, I DO THINK IF I WAS IN THEIR SHOES, IT WOULD BE A LITTLE TRIVIAL ASKING FOR THESE TYPE OF VARIANCES.
I DON'T NECESSARILY HAVE AN ISSUE WITH THE VARIANCES.
I WOULD, UM, I WOULD PREFER A LITTLE MORE FLEXIBILITY AND OPEN CONVERSATION AS A WHOLE ON, ON THE NEIGHBORHOOD REALM.
SO YEAH, I GUESS IT GUESS STRAIGHT TO THE POINT WITH, UH, YOUR QUESTION.
IT WOULD BE MORE OF A DIFFER A LITTLE BIT IN THEIR APPROACH.
DO YOU FEEL LIKE WHAT THE PROPOSING IS AN IMPROVEMENT ON WHAT'S THERE? UM, I, I TEND TO LEAN MORE THAT MONTY ANDERSON SCHOOL OF DEVELOPMENT, UH, RICKETT
AND AGAIN, PUT IN THERE FOR WELL THOUGHT OUT REASONS, BUT SO I LEAN TOWARDS A MORE SCRAPPY APPROACH WHERE, LIKE, IF I HAD BOUGHT THAT PROPERTY, I WOULD'VE DEFINITELY TRIED TO FIX IT UP.
BUT KEEP, KEEP THE DUPLEX, KEEP THE TRIPLEX, AND UNDERSTAND THAT THERE ARE A LOT OF PEOPLE, EVEN PEOPLE OF, OF DECENT MEANS WHO MAYBE DON'T NEED A FOUR CAR GARAGE OR SOMETHING LIKE THAT.
I'M NOT TRYING TO TELL THEM HOW TO DEVELOP THEIR PROPERTY.
BUT YOU ASKED, SO I'M SHARING.
WE STILL, UM, SINCE YOU DO HAVE EXPERIENCE IN, IN REAL ESTATE DEVELOPMENT AND ALSO A PART OF THIS NEIGHBORHOOD, UM, JUST KIND OF WHAT WE'VE BEEN HEARING SO FAR IS THAT THERE'S A CONCERN FOR, LET'S JUST SAY THE APPLICANTS DECIDE TO SELL THIS TO SOMEONE WHO ENDS UP TURNING THIS INTO A RENTAL PROPERTY.
HAS, COULD YOU JUST SHED LIGHT ON, UM, PROPERTY IMPROVEMENTS LIKE THE ONE THAT'S BEFORE US TODAY, AS FAR AS LIKE THEIR IMPACT ON THE QUALITY? I MEAN, I'M LOOKING AT THE PICTURES OF THIS PROPERTY RIGHT NOW, AND I THINK, UH, YOUR NEIGHBOR OF BEFORE SAID, THIS IS IN HIS WORDS, A JUNKIE PROPERTY, BUT, UM, AS FAR AS INVESTMENT IN THIS KIND OF PROPERTY, I DON'T WANT TO PUT MY INFERENCE ON IT, BUT FOR SOMEONE THAT'S HAS EXPERIENCE, WHAT, AS FAR AS THE KIND OF RESIDENCE THAT THIS COULD ATTRACT? YEAH, THAT'S A CHALLENGE, UH, TO MANAGE.
I, I ACTUALLY, I DID A QUADPLEX IN, UH, MUNGER PLACE, HISTORIC DISTRICT, AND THE, I DID GO THROUGH THE LEGAL MERGING THE CONDOS, UM, UH, MARKET, GOT A LITTLE OUTTA HAND AND, UH, PROJECT WENT OVER BUDGET AND HAD TO PRICE 'EM TOO HIGH AND TURN INTO A LEASE HOLD SITUATION.
I DO THINK TURNING THE CONDOS LESSENS THE RISK OF IT JUST GOING INTO A, UM, YOU KNOW, A PASSIVE, UH, INVESTMENT PROPERTY.
AND I DO THINK CONDOS CAN BE A CREATIVE WAY TO DEAL WITH JUST HOW EXPENSIVE HOUSING IS AND INCREASINGLY EXPENSIVE.
AND TO WHERE I DO FEEL LIKE THERE'S A NEED TO GET MORE CREATIVE AND, YOU KNOW, CO-OPS, GREAT IDEA, BUT YOU CAN'T GET TRADITIONAL FINANCING ON CO-OPS, THINGS LIKE THAT.
SO THAT'S WHY PERSONALLY IN, IN MY PROJECT, WENT THE CONDO ROUTE AND TRIED TO GET CREATED WITH THE HOA TO HAVE IT BE MORE OF A CO-OP TYPE OF MANAGEMENT SYSTEM.
NEXT SPEAKER, MS. CATHERINE HARTNETT.
YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MY NAME IS CATHERINE HARTNETT.
I LIVE AT 6 0 1 4 VELASCO AVENUE, DALLAS, TEXAS 7 5 2 0 6.
[02:10:01]
PARDON ME? YEP.I LIVE, UM, ON THE OPPOSITE SIDE OF THE STREET.
I THINK IT'S ABOUT SEVEN HOUSES DOWN.
I JUST HAVE TO BE REALLY, REALLY HONEST AND TELL YOU THAT MY GREATEST CONCERN IS PARKING.
THIS, UM, THING I, FROM WHAT I UNDERSTAND, IT'S CONSIDERED FOUR UNITS.
IT'S A DUPLEX IN THE FRONT AND TWO UNITS IN THE BACK.
THAT IS A THING THAT THE KINGSTONS WILL BE ABLE, WE'RE ABLE TO, UH, PUT THROUGH.
IT'S CALLED A, UM, AN ACCESSORY DWELLING IN THE BACK.
SO IF THAT, IF THAT'S TRUE, THEN, UM, FOUR, UM, LET'S SEE, EIGHT, NO FOUR PEOPLE WILL BE LIVING THERE IF THEY HAD CHILDREN OR IF THEY HAVE FAMILIES LIKE THE KINGSTON LIKE TO TALK ABOUT FAMILIES, YOU KNOW, WE'RE TALKING EIGHT CARS.
UH, IF THEY HAD KIDS WHO DRIVE DOUBLE THAT THERE'S NO PARKING, THE KINGSTONS WILL NOT HAVE TO DO ANY PARKING.
THE PLACE THEY, THEY GOT SOMETHING WRITTEN IN THAT IF YOU'RE, IF YOU'RE CLOSE TO A BUS, A BUS STOP AND THEY'RE ON THE CORNER AND THERE'S A BUS STOP.
IN FACT, THERE'S NOT ANYWHERE IN OUR NEIGHBORHOOD WHERE, WHERE THERE IS NOT A BUS STOP WITHIN A CERTAIN, UM, NUMBER OF, UH, YARDS OR WHATEVER.
AND SO THAT MEANS THAT NO ONE HAS TO PROVIDE PARKING FOR THESE, UH, EXTRA APARTMENTS IN THE BACK.
WHERE ARE THESE CARS GONNA GO? THE NEIGHBORHOOD IS ALREADY JUST GETTING MORE AND MORE CARS ON THE STREET.
IT INCREASES CRIME ACROSS THE STREET.
A A NEW PICKUP TRUCK WAS STOLEN IN THE MIDDLE OF THE NIGHT.
UM, IT, IT IS DANGEROUS TO THE BABIES IN STROLLERS.
AND THE, THE MOMS WHO ARE, HAVE A BABY STRAPPED ON THE FRONT, MAYBE IN THE BACK TOO.
AND, UH, THEY'RE WALKING TWO DOGS AND CARS ARE PARKED EVERYWHERE.
I AM 74 YEARS OLD WHEN I BACK OUTTA MY DRIVEWAY, YOU KNOW, I, I CAN'T SEE TO GET OUT, YOU KNOW, MY NECK IS SORE, HURTS TO LOOK THAT WAY.
IT, AND, AND REALLY, IT LITERALLY TRASHES THE NEIGHBORHOOD.
WHEN YOU DRIVE DOWN A STREET THAT IS JUST CARS, BUMPER TO BUMPER ON BOTH SIDES.
I'VE ALWAYS THOUGHT I'M GONNA MOVE IF THAT HAPPENS, BUT I'M TOO OLD TO MOVE NOW, AND SO I'M NOT GONNA MOVE.
BUT THAT KIND OF THING IS, UH, IS A, IS HUGE TO ME.
AND, UM, YEAH, I DON'T THINK THAT KINGSTON'S, I DON'T THINK THEY CARE ABOUT THEIR NEIGHBORS.
UH, NO ONE EVER TALKED TO ME ABOUT IT.
UM, YOU KNOW, IF THEY WANT TO HELP PEOPLE IN HOUSING IN THE NEIGHBORHOOD, IT NEEDS TO BE SMALL, AFFORDABLE HOUSING, UH, NOT EXPENSIVE HOUSING.
THESE PLACES WOULD RENT FOR $3,000 A MONTH EASY.
SO IT DOESN'T MAKE SENSE WHAT THEY'RE SAYING.
UM, SO DO MOST HOUSES IN YOUR NEIGHBORHOOD NOT HAVE GARAGES? UM, SOME OF THE, UH, I DON'T HAVE A GARAGE.
IN FACT, IT'S A LONG DRIVEWAY AND I CAN ACTUALLY GET EIGHT CARS IN MY DRIVEWAY.
BUT, UM, YOU KNOW, IT'S WEIRD.
PEOPLE, IF THEY HAVE TWO CARS, NOBODY WANTS TO DO THE, LIKE, I'VE GOTTA BACK OUT SO YOU CAN NOW GET OUT AND ALL THAT.
SO THERE'S PARKED THEIR CARS IN THE STREET AND THEIR GARAGES ARE STORAGE GARAGES ARE JUST FOR STORAGE.
SO, I MEAN, I, LISTENING TO THE APPLICANT, THEY SAID PART OF THE REASON THAT THEY WANT THE VARIANCE IS TO ADD 2, 2 2 CAR GARAGES, WHICH WOULD GIVE FOUR SPACES FOR PEOPLE TO PARK.
UM, I, I DON'T KNOW THAT I WAS UNDER THE IMPRESSION IT WAS A TWO PLEX, BUT I MEAN, IF IT'S A FOURPLEX, THEN THAT MIGHT CHANGE THINGS.
IT WOULD BE OFF THE STREET WITH A GARAGE.
BUT PEOPLE DON'T PARK THEM OFF.
THEY, THAT THAT'LL BECOME THEIR STORAGE PLACE, YOU KNOW, I MEAN, THAT'S JUST HOW IT'S, I MEAN, I WISH THEY WOULD PARK THERE.
UH, THEY'D BE A LOT SAFER PARKING THERE.
SO I HAVE A QUESTION FOR CITY STAFF.
UM, SO I KNOW CURRENTLY THERE'S A THIRD UNIT ON THE PROPERTY, WHICH I THINK TECHNICALLY CAN BE RENTED.
IS THAT RIGHT? OR IT HAS BEEN USED IN THE PAST FOR, FOR RESIDENCE, IS THAT CORRECT? I, I'M LOOKING, 'CAUSE RIGHT NOW IT'S A DUPLEX WITH, WITH WHAT EVIDENCE HAS BEEN PROVIDED SINCE THIRD UNIT AND PAST THAT HAS BEEN USED FOR HOUSING.
IS THAT RIGHT? I BELIEVE THAT'S A QUESTION FOR TREVOR.
[02:15:01]
HE KNOWS THE HISTORY ON THAT PROPERTY MORE, I GUESS, I GUESS WE'RE, I'M TRYING TO UNDERSTAND.'CAUSE YOU KNOW, WE'RE HEARING, UM, COMMENTS FROM, THERE'S AN OPPOSITION THAT THIS WILL NOT JUST BE A DUPLEX, IT COULD POTENTIALLY BE A QUADPLEX.
AND I KNOW THAT I THINK THERE'S A THIRD WHAT SAYS A THIRD UNIT HERE, WHICH THE APPLICANT SAID THEY WILL BE TEARING DOWN, BUT I THINK WE WANNA UNDERSTAND EXACTLY WHAT THE MAX AMOUNT OF UNITS IS ALLOWED ON THIS PROPERTY IF WHERE TO APPROVE THIS APPLICATION.
THAT'S A QUESTION FOR, UH, MR. BROWN.
AND IF HE, IF HE'S NOT AVAILABLE, THEN NO.
SO I DON'T KNOW THE HISTORY PER SE OF THAT.
UH, THIRD UH, STRUCTURE OR THE SECOND STRUCTURE AT THE REAR OF THE PROPERTY.
IT IS A PERMITTED DUPLEX, MEANING THAT THERE WERE, THEY WERE ONLY PERMITTED THE, THE TWO DWELLING UNITS ON THAT LOT.
UM, THIS QUESTION ABOUT ADDITIONAL, UH, DWELLING UNITS ON THIS PROPERTY, IF IT WERE TO REMAIN A DUPLEX WAS ANSWERED, UH, IN CONSULT WITH THE, UH, FOLKS OVER AT DEVELOPMENT SERVICES, UH, THEY WOULD NOT BE ALLOWED TO ADD ANY ADDITIONAL DWELLING UNITS.
SO IT COULD ONLY REMAIN A DUPLEX.
UH, IF, IF THERE WAS ANOTHER DWELLING UNIT, UH, IT WOULD BECOME A MULTI-FAMILY PROPERTY, MEANING THEY WERE INCREASING THE NUMBER OF DWELLING UNITS, UH, ON THE PROPERTY.
YOU KNOW, UH, KEEPING IN MIND THAT A DWELLING UNIT HAS A, A KITCHEN, KITCHEN, A BATHROOM, AND A BEDROOM, UH, PER DEVELOPMENT CODE.
SO, UM, WE, BUT I DO NOT KNOW THE HISTORY OF THAT, UH, ACCESSORY STRUCTURE THAT EXISTS TODAY.
SO IF, IF WE GRANT THIS VARIANCE, UH, OR VARIANCES, I SHOULD SAY, AND THEY KEEP THE NON-CONFORMING STRUCTURE, THERE'S A DUPLEX, THE MOST THAT THEY WOULD BE ABLE TO CONSTRUCT ON THE PROPERTY BY RIGHT.
WOULD BE A DUPLEX, IS THAT CORRECT? THEY COULD ONLY HAVE TWO DWELLINGS ON THAT LOT.
SO THERE WOULD NEVER BE A SITUATION WHERE THERE WOULD BE A QUADPLEX OR AN PLEX ON THIS PROPERTY, EVEN IF WE WERE TO GRANT THIS VARIANCE? THAT'S CORRECT.
UH, BECAUSE IT'S, IT'S CURRENTLY A DUPLEX, THEY CANNOT INCREASE THE NUMBER OF DWELLING UNITS.
AND IF THAT WERE, IF THAT STRUCTURE WERE TO BE DEMOLISHED, THEY WOULD LOSE ALL RIGHTS AND IT BECOMES SINGLE FAMILY.
SO DOES THAT, DOES THAT, I KNOW THAT YOU HAVE CONCERNS THAT THIS MAY ULTIMATELY BECOME SOMETHING LIKE A FOURPLEX OR AN EIGHT PLEX E EVEN IF WE WERE TO GRANT THIS APPLICATION TODAY, THEY WOULD NOT BE ABLE TO CONSTRUCT ANYTHING MORE THAN A DUPLEX ON THIS PROPERTY.
WELL, THAT, THAT IS WONDERFUL NEWS TO ME.
UM, NOW I THINK THERE'S CONCERNS ABOUT RENTAL.
THERE'S NO SHORT TERM RENTAL ALLOWED RIGHT NOW.
SO IF, IF THE APPLICANT WAS TO RENT IT WOULD BE LONG-TERM RENTAL ONLY.
BUT IT SOUNDS LIKE THE APPLICANT'S INTENTION IS TO BUILD AND SELL BOTH UNITS.
IS THAT RIGHT ABOUT THE RENTALS HERE? WHAT IS THE, WHAT ARE THE RULES IN TERMS OF, OF RENTAL PROPERTIES WITH THE CD TREVOR, TREVOR, IS THERE RULES ON, SO WE'RE REALLY MAKING YOU WORK TODAY, TREVOR.
SO, UH, THE CONSERVATION DISTRICT DOES NOT HAVE ANY REGULATIONS.
UH, AS FAR AS, UH, RENTAL PROPERTIES, YOU KNOW, THE, UH, ACCESSORY DWELLING UNIT OVERLAY THAT WAS PLACED, UH, WOULD ALLOW FOR, FOR, UH, AN A DU TO BE RENTED.
BUT, BUT AGAIN, THAT WOULD NOT BE POSSIBLE ON THIS PROPERTY BECAUSE THEY CANNOT ADD AN ADDITIONAL DWELL, AN ACCESSORY DWELLING UNIT TO A DUPLEX PROPERTY.
AND CURRENTLY UNDER DEVELOP DALLAS DEVELOPMENT CODE, I MEAN, I GUESS WE'RE KIND OF AT A QUANDARY, BUT YOU REALLY CAN'T RENT ANYTHING FOR LESS THAN 30 DAYS, CORRECT? I MEAN, I KNOW WE'RE HAVING A DISCUSSION ABOUT SHORT-TERM RENTALS, BUT YOU COULD ONLY RENT THAT UNIT FOR 30 DAYS OR MORE.
YOU COULDN'T PUT A SHORT-TERM RENTAL IN THERE RIGHT NOW.
I MEAN, THAT'S UP IN THE JUDGE'S HANDS, I GUESS, RIGHT NOW.
SO APPRECIATE YOUR TIME TODAY.
MR. DO YOU HAVE A QUESTION? UM, I ACTUALLY WAS GONNA ASK A SIMILAR QUESTION TO MS. LAMB ABOUT CLARIFYING.
UM, I THINK, UH, OUR NEIGHBOR HERE HAD, SEEMED LIKE THE NUMBERS WERE INFLATED AS FAR AS THE OCCUPANCY, BUT THAT HAS BEEN RESOLVED.
SO MY, AND, AND I THINK THAT THE, THERE'S SEVERAL QUESTIONS ABOUT THE, UH, THAT WE'LL BE ASKING THE APPLICANT ONCE YOU, Y'ALL HAVE A CHANCE TO SPEAK IN TERMS OF CLARIFYING THE END INTENTION OF THE PROPERTY.
YOU KNOW, OBVIOUSLY THEY'RE COMING FOR VARIANCES AND WANTING A DUPLEX, BUT I THINK WHAT I KEEP HEARING FROM THE NEIGHBORS IS, YOU KNOW, IS THIS GONNA BE RENTED OUT ON A MONTHLY BASIS, ON AN ANNUAL BASIS, CAN BE SOLD.
SO WE'LL MAKE SURE THAT WE ASK THE APPLICANT WHAT THEIR END INTENTION IS, UM, SO THAT YOU'LL HAVE AN IDEA OF WHAT, WHAT POTENTIALLY COULD BE IN YOUR NEIGHBORHOOD.
YOU'RE NEXT SPEAKER, MR. JOHN SCHULTZ.
[02:20:03]
HELLO, I'M, UH, UH, AMANDA SCHULTZ'S HUSBAND, OTHERWISE KNOWN AS JOHN SCHULTZ, IF YOU CAN.UH, I AM, UH, AT 59 43 PALO PINTO.
UM, WHERE TO START ON THIS, THERE ARE A COUPLE POINTS THAT WERE MADE THAT, UM, I WANT TO MAKE SURE WE ADDRESS.
I WANNA MAKE SURE THAT WE'RE NOT JUST TRYING TO REMEDY A POOR INVESTMENT DECISION HERE.
THIS HOUSE NEVER WENT ON THE MARKET, AND SO IT WAS A CONVENIENT BUY FOR A, A, A PERSON THAT MIGHT HAVE HAD A CONTACT WITH THE OWNER.
AND SO NOW WE'RE TRYING TO REMEDY, WE'VE GOT THIS PROPERTY, NOW WHAT DO WE DO WITH IT TO MAKE MONEY ON IT? SO, I MEAN, THAT'S A, THAT'S A CONCERN HERE.
UM, IF THEY'RE INTERESTED IN, IN SAVING THE, THE STRUCTURE AS A DUPLEX, UM, AND IT SOUNDS LIKE THEY'RE TALKING ABOUT NOT TEARING DOWN MORE THAN, YOU KNOW, A SIGNIFICANT AMOUNT OF STRUCTURE, THEY'RE GONNA MAINTAIN THE NON-CONFORMING RIGHTS TO THAT DUPLEX.
SO I'M, I'M NOT SURE HOW THE CONVERSATION ABOUT LOSING NON-CONFORMITY CAME INTO PLAY.
SO SOUNDS LIKE WE SHOULD BE GOOD THERE.
UM, ON PAGE 1, 9 2 OF THE DOCUMENTATION THAT THEY HAVE SUBMITTED, IT LOOKS LIKE THAT AREA SUMMARY IS SHOWING A TOTAL OF AIR CONDITIONED SPACE OF AROUND 6,100 SQUARE FEET.
SO THAT'S, UM, A LITTLE BIT DIFFERENT THAN WHAT WE'VE HEARD FROM THEM SO FAR.
I'M NOT SURE IF THAT'S ACCURATE INFORMATION OR WILL YOU REPEAT THAT ON, UH, THE AREA SUMMARY? IT'S KIND OF A LITTLE CHART ON THE UPPER LEFT HAND SIDE OF PAGE 1 92, I THINK.
IS IT POSSIBLE WE CAN PULL THAT UP ON THE SCREEN, PLEASE? I'M HAVING TROUBLE SEEING THAT NUMBER WHERE IT SAYS SIX.
SO THE WAY I'M READING IT, THERE'S, THERE'S TWO UNITS, THERE'S UNIT A AT THE TOP, AND THEN AT THE BOTTOM HALF IS UNIT B.
AND IT LOOKS LIKE THE TOTAL ON THE TOP HALF, THE TOTAL UNIT OF AC SQUARE FOOTAGE SAYS 31 13.
AND THEN THE BOTTOM HALF OF THAT CHART, IT LOOKS LIKE THERE'S SOME CONFUSION ON THE LEFT HAND SIDE OF THE LABELING, BUT IT SHOWS A TOTAL OF 3057 SQUARE FEET FOR UNIT B.
SO JUST SOME QUICK MATH THERE.
LOOKS LIKE 6,100 PLUS SQUARE FEET THERE THAT ARE IDENTIFIED IN THAT AREA.
SUMMARY, UH, SORRY FOR, UH, IF WE'RE USING REFERENCING THIS EXHIBIT, UM, LOOKING AT UNIT A, I DIDN'T QUITE CATCH THIS EARLIER ON IN STAFF REVIEW.
LOOKS LIKE, OKAY, THAT'S TWO STORIES AT A TOTAL OF 31 13 SQUARE FEET, BUT THEN UNIT B MM-HMM,
SO IF YOU LOOK AT THE TWO, WELL, THE WAY I READ IT, IT LOOKS LIKE THE TOP CHART, THERE'S A, THERE'S A LINE ITEM FOR SECOND FLOOR SQUARE FOOTAGE YEAH.
RIGHT? AND SO THE BOTTOM HALF OF THAT CHART, THAT LINE ITEM DOES NOT EXIST FOR SOME REASON.
AND THAT LOOKS LIKE IT WOULD BE WHERE THE 1797 SQUARE FEET IS.
SO I GUESS MY QUESTION IS, IS I MEAN, IT WOULDN'T MAKE SENSE TO BUILD ONE HALF OF THIS TWO STORIES IN THE SECOND YEAH.
HALF ONE STORE, RIGHT? BUT THEY WOULD STILL BE, IF WE WERE TO GRANT ON THIS, THEY WOULD STILL BE RESTRICTED BY THE, THE LOT COVERAGE.
SO EVEN IF THERE'S ISSUE, I DON'T WANT TO, THE POINT I GUESS IS WHAT I'M TRYING TO BRING UP IS WE, I HEARD 4,000 SQUARE FEET, NOW I'M HEARING 6,100 SQUARE FEET ON THIS AREA SUMMARY.
SO THERE'S A LITTLE BIT OF DIFFERENCE ON THAT TYPE OF STRUCTURE THAT GOES ON AN 8,000 SQUARE FOOT LOT.
SO DO, DO YOU MIND SPEAKING TO THE MIC? IT'S GETTING A LITTLE LOUDER.
UM, I JUST AM CONCERNED THAT WE'RE LOOKING AT A 6,100 SQUARE FOOT STRUCTURE ON AN 8,000 SQUARE FOOT LOT.
WELL, WHAT WHAT'S INTERESTING IS IF WE WERE TO ACTUALLY GRANT THEIR REQUEST, UM, IN TERMS OF, UH, ADJUSTING LOT COVERAGE TO A LITTLE OVER 50%, THEN THEY WOULD ACTUALLY HAVE TO STICK TO THAT.
SO THAT WOULD ACTUALLY PROTECT Y'ALL.
IF THERE'S CONCERNS HERE ABOUT BEING SIX, OVER 6,000 SQUARE FEET ON AN 8,000 SQUARE FOOT LOT.
I JUST HAPPENED TO NOTICE THAT MASS AS I WAS LOOKING THROUGH THE DOCUMENT TO CLARIFY THE 4,000 SQUARE FEET, THAT WAS FOR THE FOOTPRINT OF THE FIRST FLOOR, THAT'S JUST FOR LOT COVERAGE.
IT HAS NOTHING TO DO WITH THE FLOOR AREA OF THE ENTIRE STRUCTURE, MEANING THAT, BECAUSE IT COULD PERHAPS BE TWO STORIES THAT WOULD INCREASE THE SQUARE FOOTAGE OF THE HOME.
THE SITE PLAN SHOWS, UM, IT HAS IT ON THEIR LINE OF SECOND FLOOR.
SO THIS WILL BE, IT'S INTENDED TO BE A TWO STORY, BUT THE FLOOR AREA THAT WAS ACCOUNTED FOR IS STRICTLY FOR LOT COVERAGE.
SO 4,000 MEANING THAT IT COULD BE,
[02:25:01]
I MEAN, IF YOU BUILT UP, AND I KNOW THEY SAID YOU HAVE TO GO FIVE FEET BACK, BUT YOU COULD ALMOST DOUBLE THE SQUARE FOOTAGE AND MAKE IT 8,000 SQUARE FEET, BUT DO SOMETHING ON TOP OF IT.WELL, WHATEVER'S ALLOWED, YES.
THAT DOESN'T SOUND LIKE AFFORDABLE HOUSING TO ME, JUST BECAUSE THAT DOESN'T, BECAUSE THE UPPER FLOOR DOESN'T COVER LOT SQUARE.
IS THERE ANY WAY TO KNOW WHAT THE SIZE OF THE HOUSE IS THERE NOW? WHAT THAT SQUARE FOOTAGE IS ON THE BOTTOM FLOOR NOW? DO WE HAVE THAT INFORMATION? THE WHOLE THING? IT'S 13, 1300 SQUARE FEET.
THE WHOLE THING IS 1300 SQUARE FEET.
SO, UM, JUST TO CLARIFY THEN, IF WE WERE TO GRANT THIS, THIS, UM, ONE OF THESE VARIANCES REGARDING LOT COVERAGE, WHAT IS THE MAXS THAT THEY COULD, THEY COULD BUILD IN TERMS OF SQUARE FOOTAGE? SO WE DON'T DEAL WITH LIKE MAXS IN TERMS OF A HOUSE SIZE, WE DEAL WITH LOT COVERAGE.
WHICH IS THE FIRST FLOOR ONLY.
SO IN THEORY, IF YOU WAS TO GRANT THIS, THEY WOULD BE ABLE TO, IN THEORY, DOUBLE THAT SPECIFICALLY.
SO IF IT'S 4,000 TIMES TWO, TWO STORIES, YOU'RE AT 8,000 SQUARE FEET ON AN 8,000 SQUARE FOOT LOT.
BUT OBVIOUSLY IT'S ONE ON TOP OF THE OTHER, CORRECT? SURE.
I MEAN, AND, AND DEPENDING ON HOW THEY DESIGNED IT, UM, IF IT'S RESTRICTED TO TWO STORIES OR NOT IN A CONSERVATION DISTRICT.
UM, BUT IF IT'S A, UH, IF THEY'RE ONLY LIMITED TO 30 FEET, THEY COULD ACTUALLY PROBABLY DO THREE STORIES.
UM, BUT THE LOT
SO NOW YOU'RE NOW TAKING THAT 4,000 AND YOU MULTIPLY THE TIME, POTENTIALLY THREE, THE LOT COVERAGE ALSO.
DOES IT ALSO INCLUDE GARAGE? YES.
UM, WHICH, UH, THEY'RE ASKING I THINK FOR FOUR TOTAL.
FOUR CAR GARAGE OR, OR PROPOSING A FOUR CAR GARAGE.
SO FOR DUPLEX USE, YOU HAVE TO HAVE A MINIMUM OF TWO PARKING SPACES PER UNIT.
SO, SO THAT'S THE REASON WHY THEY'RE ASKING FOR FOUR BECAUSE EACH UNIT WOULD HAVE TO HAVE TWO EACH.
AND THAT COULD BE A COMBINATION.
IT COULD JUST BE PARKING SPOTS, BE GARAGE, IT COULD BE CARPORT, PORT CACHE.
HAVE ENOUGH SPACE FOR TWO PARKING SPACES.
SO, UM, THOSE ARE JUST SOME THINGS THAT, UM, I NOTICED IN TALKING.
LET ME TURN TO MY PREPARED REMARKS NOW.
UM, SO I, I JUST WANNA MAKE SURE THAT I, THAT YOU'RE AWARE THAT I STRONGLY OPPOSE ALL OF THESE VARIANCES.
UM, LET'S TAKE A LOOK AT THE THREE CRITERIA, WHICH YOU GUYS ARE INTIMATELY FAMILIAR WITH HERE.
FIRST, THE BOARD WILL FIND THERE'S PLENTY OF CONTRARY PUBLIC INTEREST TO ALL THREE OF THESE REQUESTS BASED ON THE NUMBER OF FOLKS HERE.
AND I THINK THE NUMBER OF LETTERS THAT YOU HAVE RECEIVED IN OPPOSITION.
UH, NEXT, THE RESTRICTIVE SHAPE AREA AND SLOPE TEST THE LOT IN QUESTION.
IT'S A STANDARD SHAPE AND SIZE FOR THE NEIGHBORHOOD.
UH, IN FACT, THE OWNERS ON LANO THE NEXT STREET OVER WITH SEVERAL MULTI-FAMILY RESIDENTS AND STILL IN THE NEIGHBORHOOD, UH, WOULD SAY THAT THIS IS ACTUALLY A LARGE LOT COMPARED TO SOME OF THEIR 6,900 SQUARE FOOT LOTS.
UM, THEREFORE, LOT SIZE AND SHAPE ARE NOT AN ISSUE FOR THE NEIGHBORHOOD.
UH, THERE ARE PLENTY OF BEAUTIFUL HOMES AND DUPLEXES THAT FIT NICELY INTO THE SETBACKS AND LOT COVERAGES, UM, THAT ARE ESTABLISHED BY OUR CONSERVATION DISTRICT THERE IN CD 12.
UH, IN FACT, THERE WAS ONE ENTIRE DUPLEX RENOVATION AT 6,001 AND 6,003 PALO PINTO, UH, FOR WHICH I HAD A FRONT ROW SEAT.
UH, IT WAS ON THE CORNER LOT RIGHT NEXT DOOR TO OUR HOME.
SO I'VE SEEN THIS PROCESS HAPPEN.
UH, THE DUPLEX WAS BUILT IN THE EARLY TWENTIES AND WAS DEFINITELY IN NEED OF SOME TLC AT THE TIME.
UH, THE STRUCTURE WAS, UM, NEARLY COMPLETELY REMOVED AND RENOVATED, UH, INTO A BEAUTIFUL LIVABLE DUPLEX.
THE BUILDER COMPLIED FULLY WITH THE REQUIREMENTS SET FORTH BY THE CON THE CONSERVATION DISTRICT.
UH, HE USED CARPORTS IN THE BACK TO MINIMIZE THAT ALLEY SETBACK.
UM, HE ALSO HAD TO MAINTAIN SPECIFIC ORIGINAL WALLS IN THE HOUSE THROUGHOUT THE CONSTRUCTION PROCESS IN ORDER TO RETAIN SETBACKS AND NON-CONFORMING RIGHTS.
UH, THE WORK WAS DONE TO THE SATISFACTION OF THE CONSERVATION DISTRICT PLANNERS.
UM, I THINK BILL HIRSCH AND TREVOR BROWN WERE INVOLVED IN THAT, UH, AS WELL AS THE CITY PERMIT OFFICE.
UH, THE DUPLEX THAT IS RIGHT NEXT DOOR TO US NOW HAS THREE BEDROOMS, THREE BATHROOMS, UH, IN EACH UNIT.
SMALL BACKYARD AND PARKING FOR ALL THE UNITS.
SO THIS IS NOT AN INCONCEIVABLE ASK TO BUILD WITHIN THE CONSERVATION DISTRICT VARIANCES THAT EXISTS TODAY.
FINALLY, UH, THE HARDSHIP TESTS.
UH, THIS IS ONE OF MR. KINGSTON'S OWN MAKING.
HE STATES IN HIS LETTER TO THE CITY THAT, UH, HE WAS ONE OF THE ORIGINATORS OF THE BELMONT'S EDITION CONSERVATION DISTRICT.
UH, THEREFORE I'M SURE THAT HE IS INTIMATELY FAMILIAR WITH THE ORDINANCE.
UH, HE IS ALSO A LONGTIME RESIDENT OF DALLAS AND SPECIFICALLY THE BELMONT EDITION CONSERVATION DISTRICT.
AND AS A RESULT, VERY FAMILIAR WITH THESE PROPERTIES THAT WE'RE DEALING WITH HERE.
PHILIP CHOSE TO PURCHASE THE PROPERTY KNOWING FULL WELL THE CONSERVATION DISTRICT REQUIREMENTS
[02:30:01]
AS WELL AS TYPICAL CONSTRUCTION IN THE AREA.THIS IS A POSITION THAT HE HAS PLACED HIMSELF INTO VOLUNTARILY WITH FULL KNOWLEDGE OF THE CHALLENGES THAT FACED HIM.
HE IS NOW ATTEMPTING TO SIDESTEP THE VERY CONSERVATION DISTRICT, WHICH HE HELPED CREATE IN ORDER TO MAXIMIZE HIS REAL ESTATE INVESTMENT.
I HOPE THAT YOU'LL HELP MAINTAIN THE HISTORY AND THE HERITAGE OF THE BELMONT EDITION CONSERVATION DISTRICT AND NOT CREATE A PRECEDENT BY SUBVERTING THE ORDINANCE FOR THE BENEFIT OF A SINGLE REAL ESTATE INVESTMENT.
I STRONGLY OPPOSE ALL THREE OF THESE VARIATIONS.
I JUST WANNA MAKE SURE THAT, AND AND WE STATE THIS EVERY MEETING, NO DECISION THAT THE BOARD OF ADJUSTMENT CREATES A PRECEDENT.
I, I, I HEAR WHAT YOU'RE SAYING ON THAT AND I UNDERSTAND, BUT WHEN PEOPLE IN THE NEIGHBORHOOD SEE THAT THEY CAN COME TO THE BOARD OF ADJUSTMENTS AND GET A VARIANCE IN A CONSERVATION DISTRICT, THEY'RE GONNA COME AND REQUEST THAT SO THAT THEY CAN BUILD LARGER HOUSES ON THE LOTS.
AND IT WILL BE, I KNOW YOU SAY IT'S NOT A PRECEDENT, BUT IT WILL HAPPEN.
AND IF IT'S APPROVED TODAY, THEN THE NEXT BUILDER'S GONNA COME IN AND SAY, HEY, I WANT MY, MY VARIANCE TO BE REDUCED.
AND WHAT'S GONNA HAPPEN IS WE'RE GONNA START REDUCING THE VARIANCES IN A CONSERVATION DISTRICT THAT WAS ESTABLISHED, UH, IN SUCH A WAY TO PRESERVE THE NEIGHBORHOOD AND THE COMMUNITY THAT LIVES THERE.
SO WE HAVE A CONSERVATION DISTRICT, WE HAVE VARIANCES THAT ARE, OR WE HAVE SETBACKS THAT ARE SET IN THAT CONSERVATION DISTRICT.
LET'S NOT CHANGE THE VARIANCES.
IT'S BEEN DONE, IT DONE RIGHT ACROSS THE STREET FROM OUR HOUSE.
UM, AND, UH, IT'S GOT PARKING, IT'S GOT PLENTY OF, UH, BEDROOMS AND BATHROOMS FOR FAMILY.
IT EVEN HAS A, A SMALL POOL IN THE BACKYARD.
IT, WE DON'T NEED TO, TO, UH, TAKE A, A KNIFE TO THE CONSERVATION DISTRICT THAT, THAT, UH, QUITE FRANKLY, THE KINGSTON'S WORKED REALLY HARD TO GET SET UP THAT WE'VE WORKED REALLY HARD TO KEEP IN PLACE.
UH, IT'S IMPORTANT TO THE NEIGHBORHOOD.
OBVIOUSLY THERE'S A LOT OF PEOPLE HERE INVOLVED WITH THIS.
UM, SO LET'S TRY TO MAINTAIN THAT HERITAGE AND THAT HISTORY THAT WE'VE GOT HERE.
UH, INSTEAD OF REDUCING THESE HOUSES SUCH THAT THEY'RE BUILT ONE ON TOP OF THE OTHER NEIGHBOR, THIS IS NOT THE SUBURBS.
THIS IS A CONSERVATION DISTRICT WE'VE CREATED TO
YOU SPEAK TO THE, UH, THAT THE SETBACKS ARE AN IMPORTANT PART OF THE HERITAGE IN THE NEIGHBORHOOD.
UM, WHAT, WHAT'S YOUR COMMENT THEN ON THE FACT THAT THIS HOUSE DOESN'T MEET THOSE SETBACKS CURRENTLY AND IS AN ORIGINAL HOUSE IN THE NEIGHBORHOOD? IS THAT, I GUESS, HOW DO YOU SQUARE THOSE TWO? YEAH, THAT'S A GREAT QUESTION.
UM, THERE ARE A LOT OF HOUSES THAT WERE BUILT, UH, IN A NON-CONFORMING WAY.
UM, AND ACCORDING TO THE CONSERVATION DISTRICT, AS LONG AS THEY MAINTAIN THOSE SETBACKS, THEN THEY CAN CONTINUE, UM, YOU KNOW, IN THAT MANNER.
SO THERE ARE ONLY, YOU KNOW, A FEW OF THOSE HOUSES AND THOSE INCIDENTS OF, I THINK ONE ON BELMONT ACTUALLY IS KIND OF A SKEWED INTO ANOTHER PROPERTIES VARIANCE.
SO IT'S, YOU KNOW, IT'S A ONE-OFF KIND OF SCENARIO.
IT DOESN'T MEAN THAT WE TAKE THAT VARIANCE ON A SINGLE HOME AND THEN APPLY IT TO THE REST OF THE NEIGHBORHOOD, I GUESS IS HOW I'D SWEAR IT.
WELL, I GUESS I'M ASKING YOU HOW YOU, YOU SAID IT'S IMPORTANT TO THE HERITAGE OF THE NEIGHBORHOOD TO MAINTAIN THESE SETBACKS AND IF THIS IS AN EXISTING HOME THAT HAS, THAT DOESN'T CURRENTLY MEET THAT THAT WAS THERE WHEN THIS NEIGHBORHOOD WAS DEVELOPED.
UM, I, I'M HAVING TROUBLE SQUARING THAT.
SO I'M TRYING TO SEE YOUR ARGUMENT HERE.
SO I, I GUESS THE WAY I WOULD FOR TALK ABOUT THAT WITH YOU IS, UM, THE HOUSE WAS GRANDFATHERED.
WE'RE NOT GOING, YOU KNOW, MAKE A SIGNIFICANT CHANGE.
I GUESS MY QUESTION IS, IS THAT HOUSE IS THE HERITAGE OF THE
I GUESS I'M ASKING, YOU SPOKE ABOUT HERITAGE OF THE NEIGHBORHOOD AND IT'S, THAT'S WHAT I'M SPEAKING TO.
THIS IS ABOUT MAINTAINING THE FEEL AND THE HERITAGE OF THE NEIGHBORHOOD.
AND SO I'M TRYING TO UNDERSTAND HOW, HOW, HELP ME OUT HERE GIMME SOME SOMETHING TO HELP MAKE SURE.
UM, I, I WOULD SAY THAT THERE ARE ONLY A FEW OF THOSE CASES WHERE THE HOUSES ARE, ARE THE VARIANCE DOESN'T MEET THE, THE CONSERVATION DISTRICT.
AND I WOULD SAY THAT'S PART OF EAST DALLAS.
IT'S A QUIRKY NATURE OF, OF WHERE WE LIVE.
UM, BUT I DON'T THINK THAT THAT IS A REASON TO CHANGE THE VARIANCES ON ALL OF THE OTHER LOTS WITHIN THE CONSERVATION DISTRICT.
SO IT SHOULDN'T BE A DRIVING FACTOR.
IT'S THERE, IT'S GRANDFATHERED IN IT.
IT'S, IT'S JUST PART OF THE NEIGHBORHOOD.
BUILDING ON MR. KOWSKI QUESTION, I MEAN, WHEN I LOOK AT THE,
[02:35:02]
THE, I GUESS IT'S NOT FAIR ANYMORE, BUT THEIR SITE PLAN AND THEY'RE SHOWING THAT THEIR NON-CONFORMING PARTS WOULD BE NON-CONFORMING.THEY WOULD MATCH WHAT IS ALREADY NON-CONFORMING.
I MEAN, THEY'RE NOT LOOKING TO GO OUT WIDER THAN WHAT IS ALREADY THERE.
UM, SO I THINK THAT, UH, THE CONSERVATION DISTRICT STATES THAT IF YOU MAINTAIN THOSE NON-CONFORMING ITEMS, THEN THEY CAN STAY.
UM, I DON'T THINK THAT THAT'S WHAT WE'RE ADDRESSING.
I THINK WE'RE ADDRESSING ADDITIONAL, UH, VARIANCE INTO THE SETBACK.
UM, BUT IT'S EXACTLY THE SAME SIZE AS WHAT'S ALREADY THERE.
I THINK THERE'S AN ADDITIONAL REQUEST, UH, ON BOTH SIDES TO INCREASE THE, THE VARIANCE BY LIKE EIGHT INCHES MAYBE.
UH, I DON'T, I DON'T HAVE THE NUMBERS CAN IN FRONT PUT THAT WE PUT THAT BACK UP.
GIBO, THAT'S, THAT'S MY RECOLLECTION FROM BRIEFING THAT IT WAS, IT BUMPS OUT EIGHT INCHES CLOSER TO THE PROPERTY ON THE WEST.
COULD YOU PUT IT BACK UP THERE JUST SO WE CAN SEE IT? UM, SO I, I BELIEVE THAT THE YELLOW IS WHAT IS CURRENTLY NON-CONFORMING, UM, IN YOUR NEIGHBORHOOD.
AND THAT THE RED IS WHAT THEY ARE ADDING ON.
AND IT SOUNDS LIKE ON THE, THE EAST SIDE, THAT THAT WAS ALMOST EXACTLY IN LINE WITH WHAT WAS NOT CONFORMING TODAY.
BUT ON THE WEST SIDE IT WAS AN EIGHT, IT WAS EIGHT INCHES OFF.
I DON'T KNOW IF THAT'S EXACTLY RIGHT.
WE CAN LET THE APPLICANT RESPOND TO THAT WHEN THEY COME BACK UP, BUT YEAH, THAT WOULD BE HELPFUL.
I DON'T SEE THE EXISTING BUILDINGS THERE.
THAT'S, THAT'S, YEAH, IT LOOKS LIKE THERE'S A LOT OF RED THERE.
WELL, LET'S, DO WE HAVE, UM, I JUST, CAN WE ASK THE AUDIENCE TO WAIT UNTIL IT'S THEIR TURN TO SPEAK? YES.
WELL, LET'S, I, I GUESS I AM, I FOLLOW UP TO THAT QUESTION.
IF, IF, ACCORDING TO FOLKS THAT THIS IS ONLY A 1300 SQUARE FOOT HOUSE, AND I DON'T KNOW HOW TO CONFIRM OR DENY THAT WHAT'S CURRENTLY THERE ON THE LOT, UM, THEY'RE, THEY'RE GOING BACK ON THE LOT.
WHATEVER THEY'RE DOING THERE IS COMPLETELY IN COMPLIANCE.
THEY, THEY COULD DO THAT NO MATTER WHAT.
'CAUSE I'M TRYING TO GET FROM HOW DO WE GO FROM 1300 SQUARE FEET ON COVERAGE TO 4,000 SQUARE FOOT COVERAGE? IT DOESN'T APPEAR THAT WE'RE EXPANDING OUT ON EITHER SIDE OF THE VARIANCE A WHOLE LOT.
SO I THINK THEY HAVE A LOT OF LEEWAY ON THE BACK OF THE HOUSE TO MAKE IT BIG.
THEY NEED THAT 30 FOOT SETBACK AT THE REAR, WHICH IS WHAT THEY'RE PROVIDING.
THE RED PORTION IS GONNA BE PART OF THE ADDITION THAT'S ENCROACHING INTO THE SETBACK ON EACH SIDE.
ON EACH SIDE, BUT NOT IN THE REAR.
SO HOW MANY SQUARE FEET ARE THOSE TWO RED SECTIONS? UM, I, I'D HAVE TO TAKE SOME TIME TO DO THE MATH ON THAT ONE.
AS FAR AS THE CONSERVATION DISTRICT GOES, THEY ONLY NEED 20 FEET, UH, IN THE BACK.
I DON'T KNOW WHAT THE ADDITIONAL 10 FEET IS FOR, UNLESS THAT'S SHOWING THE ALLEY.
UH, BUT IF THEY DO A CARPORT, UM, THEY CAN HAVE A FIVE FOOT SETBACK.
SO, UM, THAT PROVIDES 'EM A LOT MORE SPACE BACK THERE.
UH, AND THEN THEY DON'T NEED TO, UH, REDUCE ANY OF THE ORIGINAL CONSTRUCTION THAT THEY WERE TALKING ABOUT.
SO IT'S, THIS IS A CHOICE THAT THEY'RE MAKING TO PUT IN A COUPLE OF GARAGES AGAINST THE CONSERVATION DISTRICT.
UM, AND IT'S CAUSING OTHER ISSUES HERE.
SO IF THEY WENT BACK TO THEIR ARCHITECT AND SAID, HEY, LET'S DO, UH, A COUPLE CARPORTS BACK THERE, UM, THAT'S GONNA BUY THEM 15 FEET OF SPACE, UM, TO DO WHATEVER THEY NEED TO DO IN THE, IN THE BACKYARD WITHOUT HAVING TO GO A VARIANCE, YOU KNOW, EAST AND WEST.
SO YOUR PREFERENCE, I THINK, WOULD BE TO HAVE A CARPORT VERSUS AN INTERNAL GARAGE? YEAH, I MEAN, JUST BASED ON THE CONSERVATION DISTRICT THAT'S ESTABLISHED, AND IF THIS IS WHAT THEY'RE GONNA END UP TRYING TO DO, IS THAT MORE ALIGNED WITH THE HERITAGE OF THE DISTRICT TO HAVE A CARPORT THAN A, A GARAGE? IT'S, IT'S SPECIFIED IN THE CONSERVATION DISTRICT THAT THEY CAN DO THAT.
SO, AND THE, LIKE I SAID, THE DUPLEX RIGHT ACROSS THE STREET FROM US DID THAT, UM, AND THAT, THAT SETBACKS ONLY FIVE FEET FROM THE ALLEYWAY AS OPPOSED TO A 20 FOOT SETBACK, WHICH IS REQUIRED FOR GARAGES.
SO, YOU KNOW, IF WE'RE LOOKING FOR WAYS TO OVERCOME THIS CHALLENGE WITHOUT, YOU KNOW, GETTING INTO THE, THE CHANGES IN THE CONSERVATION DISTRICT, WE JUST NEED TO MODIFY THE, THEY JUST NEED TO MODIFY THE PLANS POTENTIALLY TO, YOU KNOW, CREATE PARKING IN A CARPORT SITUATION AND THAT BUYS 'EM 15 ADDITIONAL FEET IN THE BACKYARD WITHOUT HAVING TO GO EAST WEST.
I, I WOULD THINK LIVING IN A CONSERVATION DISTRICT, HAVING A GARAGE OF OUR CARPORT ADDS
[02:40:01]
VALUE TO THE NEIGHBORHOOD IN, IN MY OPINION.AND I THINK IT'S LESS OF AN, I SORT OF HAVE A GARAGE THAN IT DOES TO HAVE A CARPORT.
UM, YEAH, THAT, THAT'S PERSONAL CHOICE.
BUT YEAH, IT'S, THE OPTION EXISTS IN THE CONSERVATION DISTRICT.
SO IF THEY'RE LOOKING TO ADD SPACE TO A STRUCTURE, UM, LET'S LEVERAGE THAT AS OPPOSED TO CHANGING THE, THE VARIANCE IN THE EAST, WEST, WEST.
I HAD A QUESTION FOR STAFF IF THEY OPTED TO BUILD A CARPORT.
IF TREVOR, IF, IF THE, UM, APPLICANT, UH, OPTED TO BUILD A CARPORT INSTEAD OF A GARAGE, WOULD THAT COUNT TOWARDS THEIR LOT COVERAGE? HERE HE IS.
UM, IF, IF THE APPLICANT OPTED TO BUILD A CARPORT INSTEAD OF A GARAGE IN THE CONSERVATION DISTRICT, WOULD THE CARPORT GO TOWARDS THEIR, UM, LOCK COVERAGE? YES.
ANYTHING WITH A ROOF WOULD COUNT TOWARDS LOCK COVERAGE.
AND, AND JUST TO MAKE SURE YOU KNOW WHAT WE'RE TALKING ABOUT, I'M NOT TALKING ABOUT LIKE A STEEL STRUCTURE WITH A, YOU KNOW, REALLY UGLY LOOKING ROOF.
THE ONE, AT LEAST THE ONE NEXT TO US IS A, IT LOOKS LIKE A GARAGE.
IT JUST DOESN'T HAVE ONE OF THE SIDES.
BUT OTHERWISE, IT'S, YOU KNOW, HARDY PLANK PAINTED IT LOOKS, LOOKS REALLY NICE.
SO YOU MAY NOT BE ABLE TO SPEAK TO THIS, BUT I MEAN, I'M JUST TRYING, WHAT SIZE IS THE DUPLEXES NEXT DOOR TO YOU? WAS IT TWO STORY? UM, IT IS TWO STORY.
UM, BOTH UNITS ARE RIGHT AT ABOUT 2000 SQUARE FEET.
UM, AND SO IT'S ABOUT 4,000 SQUARE FEET TOTAL, I BELIEVE.
AND IT'S, LIKE I SAID, IT'S GOT THREE BEDROOMS, THREE BATHS IN EACH UNIT, UM, AND IT'S GOT A SMALL POOL IN THE BACKYARD, AND THEN THEY'VE GOT THE, THE PARKING IN THE BACK.
UM, AND IT'S OCCUPIED QUITE A BIT BY ALL KINDS OF DIFFERENT FOLKS.
I HAVE TREVOR, I HAVE A QUESTION FOR YOU.
UM, MY MATH ISN'T ALWAYS GREAT, BUT, UM, SINCE ONE OF THE REQUESTS IS A VARIANCE OF MAXIMUM LOT COVERAGE, UM, THIS CONSERVATION DISTRICT HAS A 45% MAXIMUM LOT COVERAGE ON AN 8,000 SQUARE FOOT LOT.
SO IF THE MAXIMUM HEIGHT THAT COULD BUILD IS, IS 30 FEET, DOES THAT GET THEM A TOTAL OF 7,200 SQUARE, 7,200 SQUARE FEET OF TOTAL INSTRUCTION WITH THAT 45% MAXIMUM LOCK COVERAGE? SO THAT COMES OUT TO 7,200 SQUARE FEET.
SO THEY COULD BUILD UP TO BY RIGHT UP TO 7,200 SQUARE FEET WITH THE 45% MAXIMUM LOCK COVERAGE, IF YOU DID NOT GRANT THE VARIANCE TO 50.7.
SO THE, I THINK THE, THE POINT THAT I'D LIKE TO MAKE IS THAT WE HAVE AN EXISTING CONSERVATION DISTRICT THAT THE NEIGHBORHOOD HAS WORKED REALLY HARD ON.
THERE'S A WAY TO, TO WORK, UH, THESE PLANS SO THAT THEY FIT WITHIN THOSE, THOSE GUIDELINES IN THE CONSERVATION DISTRICT.
THERE MIGHT NEED TO BE SOME CHANGES TO THE LAYOUT, BUT LET'S NOT CHANGE AN ENTIRE CONSERVATION DISTRICT AND THE VARIANCES THERE WITHIN, BECAUSE SOMEBODY WANTS TO LAY OUT THE, THE LOT LIKE THIS, UNFORTUNATELY, THEY MADE A DECISION KNOWING DECISION TO BUY IN THIS CONSERVATION DISTRICT, THIS HOUSE, AND THEY KNEW WHAT WAS, WHAT THE REQUIREMENTS WERE.
SO LET'S WORK WITHIN THOSE REQUIREMENTS.
UM, THAT WOULD BE MY RECOMMENDATION.
ANY OTHER QUESTIONS FOR THIS SPEAKER? THANK YOU.
THANK YOU SPEAKER MS. AMANDA SCHU.
UM, FIRST I WANNA THANK YOU FOR YOUR SERVICE.
UM, AS A FORMER CITY APPOINTEE MYSELF, I KNOW THE MANY HOURS OF UNPAID TIME THAT YOU PUT IN AND WE ARE APPRECIATIVE OF ALL OF YOUR EFFORTS.
UM, I WANNA RESPOND TO A COUPLE OF THINGS THAT, UH, MRS. KINGSTON HAD TO SAY.
UM, ONE IS, YOU KNOW, THE ONUS IS NOT ON NEIGHBORS TO GO TO THEM FOR INPUT.
AND IT DOESN'T MATTER HOW, UH, KNOWN THEY ARE IN THE NEIGHBORHOOD, HOW KNOWN THEY ARE IN THE CITY FOR WHATEVER POSITIONS THEY'VE HELD.
THAT ONUS IS NOT ON THE NEIGHBORS.
UM, AND MANY OF THESE NEIGHBORS WERE NOT REACHED OUT TO, PERHAPS OTHER NEIGHBORS WERE.
UM, BUT YOU KNOW, WE'VE GOT SEVERAL PEOPLE HERE WITH WITHIN THE 200 FEET THAT WERE
[02:45:01]
NOT EVEN APPROACHED.UM, SO I JUST WANTED TO RESPOND TO THAT.
UM, I ALSO WANNA SAY THAT IT'S VERY PUZZLING TO ME THAT WHEN OUR NEIGHBORHOOD FORMED A COMMITTEE TO SEEK AMENDMENTS TO THIS CD, NOT ONCE DID THE KINGSTON'S CARE TO COLLABORATE OR INTERJECT ANY CONCERN OVER SETBACKS ON LOTS SIMILAR TO THE ONE THAT'S NOW BEEN PURCHASED HERE.
THERE WERE A LOT OF ATTEMPTS TO UNSUCCESSFULLY THROW WRENCHES INTO THE PROCESS EVERY STEP OF THE WAY.
AND LET ME SAY THAT, UH, THIS HAPPENED IN 2019 TO 2021 WHEN WE WORKED HARD AS A NEIGHBORHOOD FOR THESE AMENDMENTS THAT WE DID TO THE CD.
AND, UH, WE HAD A HOUSING CRISIS BACK THEN.
UM, SO, YOU KNOW, MAYBE IT WOULD'VE BEEN NICE TO TALK ABOUT SOME OF THESE THINGS AT THAT TIME, BUT THAT CHOICE WAS NOT MADE.
UM, NOW MY HISTORY IS I'VE WORKED IN RESIDENTIAL REAL ESTATE FOR OVER 20 YEARS, AND I CAN HONESTLY SAY THAT MOST BUILDERS WOULD'VE NEVER PURCHASED THE LOT IN QUESTION WITH ANY ASSUMPTIONS THAT THEY COULD EASILY OBTAIN THESE TYPES OF VARIANCES IN OUR CONSERVATION DISTRICT.
THEY WOULD HAVE INSTEAD LOOKED AT A SITE PLAN THAT MADE SENSE FOR THE RESTRICTIONS IN PLACE AND NEGOTIATED THE LOT PRICE ACCORDINGLY TO MAKE THE NUMBERS WORK.
SO MAYBE WE HAVE A SITUATION HERE WHERE, UH, A NEGOTIATION WASN'T DONE WELL ENOUGH ON THE FRONT END TO ACCOMMODATE A DESIRED ROI ON THE BACK END.
UM, BUT WE DON'T NEED TO BUILD BIGGER THAN WHAT COULD BE ALLOWED HERE.
UM, AND, AND I THINK WE'VE, WE'VE DISCUSSED SOME OPTIONS OF HOW TO KEEP FROM DOING THAT.
ONE OF THE THINGS I'D LIKE THE BOARD TO TAKE A LOOK AT, BECAUSE I DID DO SOME DUE DILIGENCE AND REACHED OUT TO A COUPLE OF BUILDERS WHO HAVE BUILT IN OUR NEIGHBORHOOD, UM, AND IT WAS POINTED OUT TO ME THAT FIRST OFF, UM, IN TERMS OF SOME OF THESE APPLICATION POINTS, UM, FIF ROOMS THAT HAVE LESS THAN 15 FEET, THAT THAT'S NOT A HARDSHIP.
SO THAT WAS LISTED IN THIS APPLICATION.
UM, ALSO IT WAS POINTED OUT TO ME THAT, UM, WHEN WE'RE LOOKING AT THE GARAGE SITUATION, SO I JUST WANT ALL OF YOU TO LOOK AT THIS, UM, THAT BY RIGHT, THEY COULD BUILD A GARAGE TO THREE FEET IF IT HAS A FIREWALL, THAT YOU DON'T HAVE TO HAVE AN EXCEPTION FOR THAT.
UM, AND ALSO THAT YOU CAN MOVE THE GARAGE BACK TO 20 FEET AND SEPARATE AND DETACH IT TO AVOID A LOT COVERAGE EXCEPTION.
SO I WOULD LIKE FOR YOU TO LOOK AT THOSE POINTS.
UM, BUT YOU KNOW, WHAT I WANNA TALK ABOUT REALLY IS THE TEST THAT YOU HAVE TO SATISFY.
UM, UNFORTUNATELY, UH, A HOUSING SHORTAGE ISN'T PART OF YOUR TEST, AND I THINK THAT YOU ALL KNOW THAT, UM, MANY OF THESE POINTS HAVE ALREADY BEEN COVERED, BUT I'D LIKE TO JUST REITERATE THEM AGAIN.
UM, YOU KNOW, WE HAVE RESIDENTS HERE WHO'VE WRITTEN LETTERS, AND MANY OF THEM HAVE APPEARED TODAY TO VOICE CONCERNS THAT A SUBVERSION AT THIS NATURE IS NOT IN THE BEST PUBLIC INTEREST OF OUR CD OR CDS IN GENERAL FOR THAT MATTER.
THERE'S ABSOLUTELY NOTHING BURDENSOME ABOUT THE SUBJECT LOT AS COMPARED TO MOST CORNER LOTS IN OUR NEIGHBORHOOD.
MANY ARE ON SLOPES WITH WATERFALL TYPE STAIRS, ALLEY ACCESS, AND OBVIOUSLY NO IMMEDIATE NEIGHBOR ON ONE SIDE.
IN FACT, WE HAVE OVER 70 CORNER LOTS IN BACD.
SO, UM, YOU KNOW, I JUST REALLY WANT YOU TO LOOK AT THESE PARTICULAR ASPECTS, UM, AND MAKE SURE THAT YOU, UM, ARE NOT EXCEEDING, UM, WHAT CAN I THINK REASONABLY BE ALLOWED TO BE DONE HERE.
UM, AND YOU KNOW, QUITE FRANKLY, UM, MR. KINGSTON'S POCKETS AND WHATEVER, HIS RETURN ON INVESTMENT ISN'T A CONCERN TO THIS BOARD.
AND IS DEFINITELY NOT A CONCERN TO OUR NEIGHBORHOOD.
ARE THERE ANY QUESTIONS FOR THIS SPEAKER? I HAVE A QUICK QUESTION FOR STAFF.
UM, SO, UH, KIND OF CALCULATED THAT THAT 45% LOT COVERAGE WOULD BE 7,200 SQUARE FEET.
IS THAT TAKING INTO ACCOUNT? ARE THERE ANY SIDE YARD RESTRICTIONS BECAUSE OF THAT RIGHT AWAY? I'M SURE WE'VE GONE OVER THAT, BUT I'M LIKE, UH, I MEAN, WE KEEP TALKING ABOUT THERE'S THAT LARGE RIGHT OF WAY ALONG SKILLMAN AVENUE.
DOES THAT ENCROACH ON THE BUILDING AREA OR CAN THEY BUILD 7,200 SQUARE FEET WITHIN THE BOUNDARIES OF WHAT THEY WANNA BUILD? WE ARE ONLY USING THE LOT BOUNDARIES FOR THAT CALCULATION.
[02:50:01]
CAN I, CAN I ASK A QUESTION? I DON'T, I'M CONFUSED ABOUT THE 7,200 SQUARE FEET.DOES THAT INCLUDE THE GARAGE COVERAGE? THAT INCLUDES THE GARAGE COVERAGE? YES.
IT'S THE WHOLE FOOTPRINT THAT YOU'RE TALKING ABOUT.
MY ADDRESS IS, UH, 6 0 3 8 BLASCO AVENUE, DALLAS, 7 5 2 0 6, AND I'M RIGHT ACROSS THE STREET.
WELL, UH, ONE OR TWO HOUSES TO THE EAST, RIGHT? TWO HOUSES, ONE HOUSE TO THE EAST RIGHT ACROSS.
AND THE FIRST TIME I RECOGNIZED THIS PROPERTY, I CAME HOME FROM VACATION AND THE MEDICAL EXAMINER WAS PULLED UP IN THE DRIVEWAY AND TOTTING OUT A BODY.
AND, UH, THAT'S MY FIRST EXPOSURE TO THIS PROPERTY.
AND THEN SINCE THEN, I'VE SEEN, YOU KNOW, A MULTITUDE OF CLIENTS IN THERE COMING IN AND OUT AND THINGS LEFT ON THE DRIVEWAY AND IN FRONT OF THE HOUSE.
SO IT'S BEEN AN EYESORE FOR MANY, MANY YEARS.
UH, SO I THINK I DO THINK IT'S A GOOD THING THAT THE HOUSE IS GOING.
UM, WHAT I DO LIKE THOUGH, I LIKE THE FACT THAT, UM, THE, YOU KNOW, THERE'S A REASON THAT WE, AND I LIVED THERE WITH MY WIFE AND, UM, MY TWO KIDS, AND WE LOVE THIS CONSERVATION DISTRICT, AND, AND I KNOW THE PRICES IN THE AREA HAVE GOTTEN CRAZY, YOU KNOW, SOME SOMETIMES BOARDING $2 MILLION, AND SO IT'S VERY DIFFICULT FOR A FAMILY TO FIND 10,000 OR $12,000 A MONTH TO MAKE A HOUSE PAYMENT.
I DON'T KNOW WHAT THEY'RE DOING NOW, BUT THERE ARE CERTAINLY OTHER AREAS IN DALLAS WHERE YOU CAN GO, ESPECIALLY, YOU KNOW, IN EAST DALLAS WHERE YOU CAN GO AND YOU CAN BUILD WHATEVER YOU WANT, YOU KNOW, WHERE THERE'S REALLY PROBABLY NOT A CONSERVATION DISTRICT.
AND THE REASON WE MOVED IN THIS AREA WAS BECAUSE OF THE STRINGENT CODES IN THE CONSERVATION DISTRICT.
AND I REALLY THINK THAT THAT KIND OF MAINTAINS THE INTEGRITY.
AND SO YOU'RE ALWAYS GONNA GET FOLKS TRY TO PUSH THE BOUNDARIES A LITTLE BIT.
AND SO I, I DO THINK THAT, YOU KNOW, WHEN I GO FROM MY RUNS IN THE MORNING AND I, YOU KNOW, WALK THE DOG IN THE AFTERNOON, AND, YOU KNOW, WE DRIVE DOWN THE NEIGHBORHOOD AND WE LOOK AND SEE, WOW, THESE ARE JUST REALLY SUCH BEAUTIFUL PROPERTIES.
THE REASON THE PROPERTIES ARE BEAUTIFUL IS BECAUSE OF THE STRINGENT CODES WITH THE CONSERVATION DISTRICT.
AND I THINK, YOU KNOW, IF YOU PURCHASE A PIECE OF PROPERTY, YOU SHOULD BE ABLE TO BUILD WITHIN THOSE CONFINES, AND YOU CAN'T HAVE JUST EVERYBODY COMING UP AT SANDAL.
UM, AND SO BUILD WHAT YOU WANT, YOU KNOW, MAKE SURE IT FITS WITHIN THE CONSERVATION DISTRICT, BUT KEEP IT WITHIN CODE SO THE NEIGHBORHOOD LOOKS THE SAME.
THE OTHER THING I WANNA POINT OUT IS, UH, THAT WAS MENTIONED EARLIER WAS THE PARKING.
THAT AREA DOWN THERE AT VELASCO AND SKILLMAN IS EXTRAORDINARILY BUSY.
I WORRY ABOUT MY KIDS CROSSING THAT ROAD.
I MEAN, THOSE CARS FLY DOWN THERE.
I CERTAINLY WOULDN'T WANNA LIVE ON THE END OF THAT, YOU KNOW? UM, AND SO, YOU KNOW, I THINK THE, THE MINUTE YOU START, AND THERE HASN'T REALLY BEEN MANY PEOPLE LIVING IN THAT EXISTING STRUCTURE FOR A LONG TIME.
UH, I DON'T KNOW IF THE HOUSE HAS BEEN ABANDONED OR, YOU KNOW, I HAVEN'T SEEN ANYBODY LIVE THERE.
I THINK MAYBE ONE OR TWO YEAR, TWO YEARS AGO WAS THE LAST PERSON LIVING THERE, AND THERE WAS A RENTER.
UM, BUT THE AREA'S VERY CONGESTED AND, UH, YOU KNOW, BRING IN MORE PEOPLE IN THAT AREA DOWN THERE AT THE END AT SKILLMAN AND VELASCO, UH, WHERE IT'S ALREADY BUSY.
I THINK YOU WOULD RUN THE RISK OF, UH, YOU KNOW, CERTAINLY CROWDING AND DEFINITELY, YOU KNOW, KIDS CROSSING THE STREET IF THEY HAVEN'T, BECAUSE I KNOW FAMILIES ARE VERY DESPERATE RIGHT NOW TO FIND LIVABLE HOME WITH KIDS THAT THEY CAN COME IN AND WALK ACROSS OVER TO TC PARK.
UM, SO I WAS NEVER APPROACHED BY ANYONE REGARDING THIS CHANGE OR THE PROPERTY OR EFFECT THAT IT WAS EVEN SOLD AND WAS BEING, YOU KNOW, GONNA BE TORN DOWN AND BUILT NEW.
UM, THE, YOU KNOW, LIKE I SAID, THE AREA'S REALLY CONGESTED.
UH, I, I DO THINK IT'S IMPORTANT TO KEEP THE, THE NEIGHBORHOOD FEEL, THE RESTORATIVE FEEL, THE TUTORS, THE PRAIRIE STYLES THAT FIT WITHIN THE CODES OF THE CONCERT ATION DISTRICT, WITHOUT HAVING TO GO OUTSIDE OF THAT.
UM, I DO THINK THIS LIKE INFRINGEMENT, UH, OR INFRINGEMENT ON, UH, YOU KNOW, SEEING IF YOU CAN GET SOME OF THESE THINGS RELAXED, CERTAINLY BRINGS IT UP TO OTHERS, IS THAT, YOU KNOW, IF YOU HAVE ONE OR TWO PEOPLE DOING IT, THEN YOU'RE GONNA HAVE 10 OR 15 MORE.
SO I REALLY THINK, YOU KNOW, OUR AREA NEEDS TO HOLD TIGHT AND SAY, HEY, YOU KNOW, THESE ARE THE CODES, THIS IS THE VARIANCE, OR THIS, THESE ARE, THESE ARE WHAT'S ALLOWED, AND WE'RE
[02:55:01]
NOT GONNA GO OUTSIDE THESE BOUNDARIES.UM, AND THEN LASTLY, UH, THE, YOU KNOW, LIKE I SAID, AND I'VE SAID THIS EARLIER, UH, WHEN I OPENED UP, WAS THAT THE, YOU KNOW, THERE ARE SO MANY OTHER PROPERTIES YOU CAN DEVELOP THAT YOU DON'T HAVE ANY, ARE VERY FEW CONSTRAINTS AT ALL, AND CERTAINLY NOT IN A CONSERVATION DISTRICT.
SO I WOULD, YOU KNOW, I'M VOTING IN OPPOSITION TO THIS, UH, BECAUSE I THINK THAT THEY SHOULD BE ABLE TO BUILD A HOUSE THAT FITS WITHIN OUR EXISTING, UH, CONSERVATION CODE.
ARE THERE ANY QUESTIONS FOR THIS SPEAKER? NO.
I THINK WE'RE ON TO OUR LAST SPEAKER, MR. JAMES FAULKNER, HOW'S IT GOING? WE MADE IT.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
JAMES FAULKNER AND I LIVE AT 60 46 ANO AVENUE.
I'M ACTUALLY THE, UH, SECOND CLOSEST HOUSE TO THIS PROPERTY.
UM, MY, THERE WASN'T A RED DOT, UH, EARLIER ON MY HOUSE, UH, ON THE OPPOSED THING.
I DON'T KNOW IF IT JUST, I GOT MISSED, I DON'T KNOW.
BUT, UH, I AM ALSO STRONGLY OPPOSED.
UH, BEFORE I START, I HAVE TWO THINGS I JUST WANNA ADDRESS.
UM, THERE WERE ACCUSATIONS THAT OPPOSITION IS POLITICALLY MOTIVATED.
UH, THE DAY MIGHT COME THAT I GET OUT PROGRESS FOR PROGRESSIVE AND POLY PLACE BY SOMEBODY.
SO LIKE THERE'S, WE ARE ON THE SAME TEAM FOR STUFF OVER HERE.
UH, AND UH, ALSO THAT THERE WAS AN ISSUE WITH IT BEING MULTIFAMILY.
I AM WILDLY IN FAVOR OF ADDING MORE MULTIFAMILY HOUSING, UH, IN WHATEVER WAYS WE CAN TO DALLAS.
I THINK IT'S VERY IMPORTANT, UM, IN THIS INSTANCE, I WOULD LOVE TO DO THAT AS LONG AS WE DO IT WITHIN THE EXISTING CONSERVATION DISTRICT REGULATIONS, RIGHT? THERE'S NO REASON NOT TO DO THAT IF THEY'RE SAYING THERE'S AN ISSUE BECAUSE THEY MIGHT, BECAUSE THERE'S NOT ENOUGH OF A STRUCTURE TO REPLACE, I'D BE HAPPY TO SUPPORT THEM, UH, GETTING A VARIANCE FROM THE CONSERVATION DISTRICT TO ALLOW THEM TO BUILD A NEW DUPLEX ON THAT PROPERTY.
UH, AS LONG AS IT, AS LONG AS IT MAINTAINED THE SAME REQUIREMENTS THAT EVERYBODY ELSE IS, WAS HARD TO, YOU KNOW, ADHERE TO.
UM, SO WITH THAT SAID, UH, A FEW THINGS.
I ALSO LIVE ON A CORNER LOT, UH, DIRECTLY BEHIND THEM IN THE ALLEY.
UH, SO I HAVE A LOT OF, UH, KNOWLEDGE ABOUT WHAT IT MEANS TO LIVE ON A CORNER LOT.
MY HOUSE WAS BUILT BEFORE THE, UH, CONSERVATION DISTRICT WENT INTO EFFECT.
SO I ALSO LIVE IN A NON-CONFORMING HOME.
UM, SO I'M ALSO THERE LIKE THE RESTRICTION REQUIREMENTS THAT PLACES ON, UM, YOU KNOW, ON THE HOMEOWNER.
AND SO, UH, OUTSIDE OF THAT, I APOLOGIZE, I'M A LITTLE JUMPY.
I WAS UP UNTIL, UH, THREE O'CLOCK LAST NIGHT READING CITY CODES AND, UH, YOU KNOW, CONSERVATION DISTRICT, UH, REGULATIONS.
I, UH, WILL FORGIVE THE KINGSTONS FOR TRYING TO KIND OF SLIDE THIS THROUGH WITHOUT TALK TO ANYONE.
I WILL NEVER FORGIVE THEM FOR MAKING YOU READ EIGHT HOURS OF CITY CODES AND REGULATIONS.
UM, SO LONG STORY SHORT, UH, I, KNOWING WHAT I NOW KNOW ABOUT THE CODES, I'M A LITTLE BIT CONFUSED HOW WE EVEN GOT TO HERE.
IT FEELS LIKE SHENANIGANS, RIGHT? WE DON'T EVEN HAVE A BUILDING PLAN.
WE DON'T EVEN KNOW WHAT WE'RE LOOKING AT.
UH, I, I CAN TELL YOU THAT THE PLAN THAT WE KEEP SEEING THIS OVERHEAD OVERLAY IS NOT ALLOWED BY THE CONSERVATION DISTRICT, RIGHT? SO IF THIS IS A REMODEL, WHICH WAS UNCLEAR, I'VE WATCHED THE EVIDENTIARY HEAR EVIDENTIARY HEARING THIS MORNING, AND EVEN THEN THERE WERE COMMENTS ABOUT BUILD SLASH MAINTAIN A DUPLEX, RIGHT? UM, IT'S CLEAR NOW THAT THIS IS A, A, UM, RENOVATION, WHICH UNDER THE TERMS OF THE CONSERVATION DISTRICT, WHAT THAT REAL QUICK, UH, SECTION C NON-CONFORMING STRUCTURES, THEY ARE NOT ALLOWED TO EXPAND A NON-CONFORMING STRUCTURE UNDER OUR CODE, UH, BEYOND, UH, IN, IN A WAY THAT WOULD CAUSE IT TO BECOME MORE NON-CONFORMING.
SO THEY CAN EXPAND THE, THE BUILDING UP TO, I THINK THERE'S SOME DEBATE ABOUT 40%, 45%.
UH, BUT IT SEEMS ODD TO ME THAT WE WOULD GRANDFATHER IN OLD BUILDINGS, UH, TO SAY, OH, 45 PERCENT'S, OKAY, BUT SO NOW YOU CAN EXPAND TO 45%, BUT IF IT'S A BRAND NEW BUILDING, IT'S 40.
UH, I, I THINK WE MIGHT NEED TO CHECK ON WHAT'S ACTUALLY ALLOWED TO BE BUILT HERE, UM, AS, AS AN EXTENSION TO THE EXISTING BUILDING.
UM, THAT SAID, UH, THERE'S, NOBODY'S APPLIED FOR ANY VARIANCE.
UH, SO SECTION CO OF THE BACD REGULATIONS APPLIES TO THIS PROPERTY.
UH, THERE'S A MIRRORED CITY OF DALLAS, UH, REGULATION UNDER, UH, 51, A 4 0 7 4, WHICH WOULD ALSO PROHIBIT THEM FROM EXPANDING, UH, THE BUILDING INTO A NON-CONFORMING, UH, IN A NON-CONFORMING WAY.
UM, AND SO NEITHER OF THOSE HAVE, THERE'S NO VARIANCE APPLICATION FOR THOSE INCLUDED WITH, WITH THIS, UH, APPLICATION.
UH, SO I, FROM THAT STANDPOINT ALONE, IT SEEMS LIKE THE BUILDING THEY HAVE SHOWN US WILL NOT BE BUILT, RIGHT? SO THAT WE DON'T, I'M JUST VERY CONFUSED HOW WE'RE TALKING ABOUT SETBACKS AND VARIANCES.
WE DON'T HAVE, WE DON'T HAVE WORKABLE PLANS.
[03:00:01]
HOW DOES ANYBODY KNOW WHAT WE'RE TRYING TO GET APPROVAL FOR RIGHT HERE? UH, JUST IT SEEMS VERY CONFUSING.I I THINK YOU, UH, HAVE MY EMAIL, MY DOCUMENTS FROM A LOT OF THE CODE ISSUES THAT I TRIED TO RAISE.
HAPPY TO DISCUSS THE NEIGHBORHOOD OR THE POSITION WITHIN THE NEIGHBORHOOD WHERE I SIT.
UM, YEAH, I, I THINK THAT'S, I THINK THAT'S GOOD.
UM, I APPRECIATE YOU COMING IN TODAY.
UM, LET'S LOOK AT TREVOR AGAIN.
WE'RE REALLY MAKING YOUR WORK TODAY.
UM, I, I KNOW WE TOUCHED UPON THIS DURING BRIEFING, BUT I THINK THAT, UM, YOU KNOW, FURTHER CLARIFICATION HERE FOR THIS HEARING WOULD BE IMPORTANT.
UM, WHAT HAPPENS TODAY, IF THIS BOARD GRANTS ALL THE APPLICATIONS, IT WILL YOU KIND OF DISCUSS THE NEXT, IF, IF IT DOES, UM, NEXT STEPS IN THE CONSERVATION DISTRICT AND THE EXPANSION OF A NON-CONFORMING USE AND WHAT THAT MEANS FOR APPROVAL OF THE CONSERVATION DISTRICT BEFORE THE APPLICANT CAN MOVE FORWARD.
SO SPEAKING TO NEXT STEPS, IF, UH, VARIANCE WERE GRANTED, UM, OR VARIANCES PLURAL WERE GRANTED, WE WOULD, UH, REVIEW THOSE PLANS FOR COMPLIANCE WITH THE ALL OTHER CONSERVATION DISTRICT GUIDELINES AS WELL AS FOR COMPLIANCE WITH WHATEVER YOU GUYS APP POSSIBLY APPROVED TODAY IN TERMS OF, REALLY THE ONLY THING WE HAVE TO BASE THAT OFF OF IS THE SITE PLAN.
UM, SO IN THAT REGARD, YOU KNOW, THE ONLY THING WE'RE GONNA DO IS SAY, OKAY, BASED ON WHAT THEY SUBMITTED, DOES THEIR SITE PLAN MATCH WHAT WAS APPROVED BY THE BOARD? YES.
THEN, THEN WE MOVE ON TO REVIEWING FOR OTHER CONSERVATION DISTRICT RELATED ISSUES.
UM, SO YOUR FOLLOW UP ABOUT NON-CONFORMING, THE, THE SPEAKER SPOKE ABOUT EXPANDING NON-CONFORMING, UM, AND HOW DOES THAT RELATE TO THE CONSERVATION DISTRICT IN TERMS OF OVERSIGHTS WITH THAT PARTICULAR? SO THE LANGUAGE IN THE CONSERVATION DISTRICT MIRRORS WHAT'S IN 51 A, WHICH IS BASICALLY SAYING YOU CANNOT TAKE A NON-CONFORMING STRUCTURE.
YOU CAN REMODEL, RENOVATE, EXPAND A NON-CONFORMING STRUCTURE.
SO LONG AS YOU DID NOT MAKE IT MORE NON-CONFORMING TO THE AREA THAT IT IS A NON-CONFORMING STRUCTURE TO, UM, THE LANGUAGE IN THE CONSERVATION DISTRICT MIRRORS THAT, UH, UH, EXACTLY, WHICH IS TO SAY WITHOUT ANY SORT OF RELIEF, YOU WOULD NOT, IF, IF YOU ARE WITHIN A SETBACK, YOU CANNOT EXPAND WITHIN THAT SETBACK.
YOU CAN BUILD A SECOND STORY OUTSIDE OF THAT AREA.
UM, BUT YOU ARE NOT ALLOWED TO MAKE THAT PARTICULAR SECTION OF THE BUILDING MORE NON-CONFORMING BY EITHER GOING UP OR OUT OR INTO HORIZONTALLY WITH THAT NON-CONFORMITY.
UM, UH, YEAH, WE REALLY ARE KNOCKING OVER TODAY.
SO THIS PROPERTY WOULD BE, I'M, I'M SO SORRY TO INTERRUPT.
OH, I ASSUME YOU CAN'T WOULD BE JUST WAIT.
UM, AS FAR, I KNOW WE'VE BEEN TALKING ABOUT SIDE YARD SETBACKS, UM, THE MAJORITY OF THIS, BUT DID WE EVER CLARIFY FOR THIS CONSERVATION DISTRICT WHAT THE REAR YARD SETBACK IS? I JUST WANTED TO GET THAT PIECE OF INFORMATION, THIS HELP.
SO, BECAUSE I HAD TO RUN DOWN HERE WITHOUT MY BOOK, SO ANY, ANY, UH, GARAGE MUST HAVE A MINIMUM 20 FOOT, UH, REAR YARD SETBACK, BUT I THINK FOR LOTS ON VELASCO, IT'S 30 IS 30 FEET.
SO WHEN I'M READING WHAT THEIR REQUEST IS, THEY'RE LOOKING FOR SOME VARIANCES TO THEIR SIDE YARD SETBACK REGULATIONS ON BOTH SIDES, AND IT SOUNDS LIKE THERE, DO THOSE HAVE TO BE GRANTED IN ORDER TO KEEP THE HISTORICAL STRUCTURE THERE, OR THOSE ARE ALREADY GRANTED IF THEY JUST CONTINUE TO GO BACK AND DON'T GO, LIKE IF, WELL, WHERE THOSE RED AND YELLOW PARTS WERE, IF THEY DON'T ADD THE RED PART IS THE YELLOW PART GET TO STAY.
DIANE, I DON'T KNOW IF YOU CAN PULL THAT UP, BUT, UM, SORRY.
SO, SO, UM, MY UNDERSTANDING IS THAT ONLY THE WEST SIDE OF THE BUILDING IS CURRENTLY NON-CONFORMING TO THE FIVE FOOT.
I THINK THEY'RE BOTH, I THINK BOTH OF THESE ON THE WEST SIDE ARE NON-CONFORMING BASED ON, I THINK, I THOUGHT THEY WERE TRYING TO EXPAND.
[03:05:01]
THINK THOSE, I THINK THE TWO YELLOW PARTS OR THE PART THAT ARE CURRENTLY NON-CONFORMING AND THE RED PARTS ARE WHAT THEY WANNA I ADD, I CAN TELL YOU I LIVE RIGHT THERE.THAT'S NOT HOW THE, THERE'S NO BUILDING ENCROACHING ON THE LEFT SIDE TOWARDS SKILLMAN.
SO I DON'T, WITHOUT, WITHOUT SEEING A, AN EXISTING SURVEY, UH, OF THE PROPERTY.
I CAN'T ANSWER THAT WITH ANY DEFINITIVE.
THEN MY OTHER QUESTION IS, UM, IS THE LOT NARROWER THAN NORMAL LOTS IN THE NEIGHBORHOOD, UM, BECAUSE OF THE RIGHT OF WAY ON SKILLMAN OR IS IT, IS IT OF THE SAME BUILDABLE FOOTPRINT AS MOST OF THE LOTS IN THE AREA? FROM WHAT I REMEMBER, AND, AND I'VE ONLY SEEN THE SITE PLAN THAT WAS SUBMITTED TO THE BOARD, WHICH WAS REALLY SMALL AND BLURRY IN THE COPY THAT I GOT.
SO I, I ASSUME THIS LOT'S 55 OR 50, THAT'S 50.
SO THAT WOULD BE 50 BY ONE 60 CONSISTENT WITH OTHER LOTS IN THE NEIGHBORHOOD.
DOES IT HAVE A LARGER SIDE YARD SETBACK ON THE SIDE THAT'S ON SKILLMAN THAN OTHER LOTS PER THE ORDINANCE SAYS FIVE FEET ON ONE SIDE AND 10 FEET ON THE OTHER.
AND THAT'S WHAT ALL THE OTHER LOTS HAVE.
BUT HOW DOES THAT RELATE TO OTHER, LIKE, UH, DU LOCKNER ZONE FOR DUPLEXES? IT, IT WOULDN'T MATTER BECAUSE THE, UM, THE ZONING THAT IT WOULD REFERENCE BACK TO WOULD BE R SEVEN, BUT NOT DUPLEX ZONING.
UM, HOW OFTEN DO YOU SEE, UM, PLANS THAT COME IN FRONT OF, OF THE CONSERVATION DISTRICT, UM, THAT ARE JUST SITE PLANS AND NOT FULL PLANS AND, AND, AND, UM, AND ELEVATIONS FOR A ADDITION AT YES, AT THIS POINT, AT THIS POINT AT THE JUNCTURE C BECAUSE THE NEXT STEP HERE WOULD BE THEY WOULD COME IN, IF WE WERE TO APPROVE ONE OR MORE OF THESE APPLICATIONS, THE NEXT STOP WOULD BE THEY WOULD COME TO YOU.
SO TYPICALLY IN THIS PROCESS, ARE THEY WHERE THEY'RE SUPPOSED TO BE WITH SITE PLANS OR THEY SHOULD THEY, DO YOU TYPICALLY SEE MORE ENGINEERED PLANS AND ELEVATIONS AT THIS POINT? SO TAKING THE BOARD OUT OF THAT EQUATION, IN THAT SCENARIO, WE WOULD, WE WOULD NOT ACCEPT ANYTHING LESS THAN A FULL SET OF DRAWINGS FOR CONSERVATION DISTRICT REVIEW.
IF THEY CAME IN FOR A CONSULT AND PROVIDED A SITE PLAN AND SAID, WELL, WE'RE THINKING THIS, WE WOULD HAVE PROVIDED THE SAME FEEDBACK THAT WOULD'VE LED THEM TO COME HERE, WHICH IS BASED ON WHAT YOU'RE SHOWING US, YOU WOULD NEED RELIEF FOR SIDE YARD AND WE CALCULATED THE LOT COVERAGE.
BUT YOU KNOW, THIS, UM, PLAN WOULD NOT BE ENOUGH FOR, FOR ANY CONSERVATION DISTRICT REVIEW OTHER THAN, HEY, LOOK AT THIS.
DOES IT NEED SETBACKS? DOES IT NEED LOT COVERAGE? UM, BEFORE, DO WE HAVE ANY MORE QUESTIONS FOR MR. NER? WE DON'T KNOW.
ANY OTHER QUESTIONS? I'M HAPPY TO WAIT.
UH, I JUST WANTED, THERE WERE, I HAD A LITTLE BIT MORE TO SAY.
WAS I OUT OF MY TIME? WAS HE OUT OF TIME, MARY? I CAN'T IMAGINE THAT'S POSSIBLE.
WELL THEN LET'S LOOK, GO AHEAD.
SO JUST, UH, GOING BACK THROUGH SOME OF THE CODE ISSUES, GIVEN THAT THERE ARE ONE, I THINK IT'S PRETTY CLEAR THAT THERE'S NO JUSTIFIABLE REASON FOR THIS UNDER, UH, 51, A THREE OR 1 0 2, WHICH GRANTS THE POWERS OF, OF THE BOARD HERE.
UH, GIVEN THAT THAT IT'S IN VIOLATION OF BACD REGULATIONS, THINGS LIKE THAT.
I, THERE IS A LOT OF, UH, THE NEIGHBORHOOD IS VERY CONCERNED ABOUT THIS.
WE'VE TALKED ABOUT THIS AND I JUST THINK THAT IT SHOULD BE KNOWN THAT THE INTENTION IS TO FILE AN INJUNCTION IF VARIANCES ARE GRANTED BASED ON THIS APPLICATION.
UM, AND THAT, I JUST WANTED TO MAKE THAT NOTE.
I, I HAVE A QUESTION OF TREVOR.
UM, ON A LEVEL OF COMFORT, KNOWING WHAT HAS BEEN SUBMITTED HERE FOR THE BOARD, HOW COMFORTABLE OF YOU ARE WITH, WITH WHAT'S IN FRONT OF YOU IN TERMS OF, OF SUBMITTAL? 'CAUSE OFTENTIMES, WHAT IF, IF WE WERE TO GRANT, OBVIOUSLY THIS BOARD HAS MADE NO DECISION ONE WAY OR ANOTHER, IF WE WERE TO GRANT ONE OR MORE OF THESE VARIANCES.
THEY'RE, UM, THEY'RE BASICALLY TIED TO COMPLIANCE TO, UH, MOST RECENT, RECENT SUBMITTED SITE PLANS.
SO AS A BOARD, I'D LIKE TO KIND OF APPRECIATE AND UNDERSTAND FROM THE STAFF'S POINT OF VIEW, THE COMFORT LEVEL, UH, TIED TO APPLICATIONS AND THEN ULTIMATELY POTENTIALLY, UM, MOTIONS AS IT'S TIED TO THE SITE PLANS THAT ARE IN FRONT OF ME.
THAT'S PUTTING ME, UH, IN A SPOT BECAUSE AGAIN, THIS IS, THIS IS, UM, FROM A COMFORT LEVEL OF A STAFF PERSON LOOKING AT SOMETHING LIKE THIS SAYING, YOU KNOW, IF SOMEONE COMES
[03:10:01]
IN AND SAYS, HEY, ARE YOU GONNA APPROVE A TWO STORY DUPLEX WITH, UH, THESE SETBACK, WITH THIS THIS SITE PLAN? I WOULD SAY, I WOULD LIKE TO SEE MORE INFORMATION FOR ME TO BE ABLE TO GIVE YOU A VERY SPECIFIC, THE VERY SPECIFIC ANSWER THAT YOU ARE LOOKING FOR.'CAUSE OFTENTIMES THINGS LIKE THIS ARE BROUGHT TO US FOR CONSULT OR WHATEVER, AND SOMEBODY SAYS, OH YEAH, IT'S GONNA BE THIS, AND WHAT DO YOU SAY? WELL, YES, THAT COULD BE APPROVABLE, BUT THEN WHENEVER WE GET PLANS AND IT'S SOMETHING NOT THAT, AND, AND OF COURSE SOME THINGS ARE LOST IN COMMUNICATION, RIGHT? WHAT I THINK YOU'RE SAYING AND WHAT YOU THINK I'M SAYING, WE MAY NOT BE SAYING THE SAME THINGS HERE.
UM, SO THAT'S A LONG WAY OF SAYING WE WOULD NEVER BE COMFORTABLE SAYING, YEAH, YOU, WHAT YOU'RE PROPOSING FOR A TWO-STORY, DUPLEX WITH A GARAGE WITH 50% LOT COVERAGE AND SETBACK.
WE WOULD, WE WOULD ALWAYS THROW A CAVEAT IN THERE THAT WE DON'T HAVE ENOUGH INFORMATION TO SAY WHOLE PROJECT IS APPROVABLE BASED ON A SITE PLAN.
IF, IF WE WERE TO GRANT THESE, WHAT SORT OF RANGE OF POSSIBILITY COULD WE END UP SEEING FROM WHAT'S DEVELOPED HERE BASED ON JUST THE LIMITED PERSPECTIVE WE HAVE FROM THESE SITE PLANS AND WHAT WE POTENTIALLY COULD BE GRANTING WITH THESE VARIANCES? I MEAN, USUALLY WE HAVE LIKE ELEVATIONS, WE HAVE FULL PLANS, WE KNOW EXACTLY WHAT IS BEING APPROVED.
SO I'M JUST TRYING TO UNDERSTAND ARE, ARE WE WHAT EXACTLY POTENTIALLY WE COULD BE, WHAT'S, WHAT'S A FULL RANGE OF WHAT WE COULD BE APPROVING HERE WITH THESE VARIANCES? BECAUSE WE'RE ASKING, THEY'RE ASKING FOR 457 SQUARE FEET OF VARIANCE OF MAXIMUM ALLOWANCE, WHICH NOW JUMPS FROM 3,700, UH, SORRY, SEVEN 200 SQUARE FEET TO I THINK SOMETHING CLOSE TO 8,600 SQUARE FEET.
BUT THEN ALSO I, I HAVE TWO FOOT VARIANCE AND A SIX FOOT FOOT, THREE INCH VARIANCE.
SO I GUESS I'M TRYING TO UNDERSTAND, WE HAVE AN IDEA VERBALLY OF WHAT THEY WANT TO ACHIEVE HERE, BUT WHAT'S THE WORST CASE SCENARIO IF WE GRANT THESE VARIANCES THAT COULD BE DEVELOPED HERE BASED ON THE CONSERVATION DISTRICT AND LIMITATIONS? AND YOU COULD TAKE A MINUTE IF YOU WANNA THINK ABOUT THAT.
I'M JUST TRYING TO UNDERSTAND.
WORST CASE SCENARIO, YOU KNOW, MY, MY INITIAL, UM, COMMENT TO THAT IS MAYBE MORE, UH, GEARED TOWARDS THE NEIGHBORS THAN TO YOU.
AND SO MUCH AS, YOU KNOW, WE, WE'VE HEARD SOME OPPOSITION HERE TODAY BASED STRICTLY ON A SITE PLAN THAT MAY NOT CONVEY A WHOLE LOT OF INFORMATION TO THE AVERAGE PERSON.
SO, UM, YOU KNOW, I THINK FROM, FROM THAT PERSPECTIVE, UH, THAT WHILE THERE IS AMPLE OPPOSITION CLEARLY AND SUPPORT, DO THEY FULLY UNDERSTAND WHAT THIS MEANS TO THEM AND TO THE NEIGHBORHOOD AND THE LOOK CLEARLY, THESE FOLKS, UH, SEEM TO HAVE AN UNDERSTANDING OF WHAT THIS COULD MEAN FOR THEM.
UM, YOU KNOW, FROM A PERSPECTIVE OF YOU GUYS, UH, APPROVING SOMETHING BASED ON THIS SITE PLAN.
I, I, I MAY DEFER TO, UH, BRIAN OVER THERE, BUT THERE, THERE, THERE'S ALWAYS, AGAIN, WHAT YOU THINK YOU'RE COMMUNICATING THROUGH A CONDITION OF APPROVAL, HOW THAT GETS INTERPRETED, UH, IN OTHER PARTS OF THE PROCESS COULD BE A CHALLENGE.
UM, BUT I'LL LET BRYANT, UH, SPEAK TO THAT AS WELL.
I, I WOULD DEFER TO, UH, APPROVING CONCEPTUAL CONCEPTUAL PLANS AND THIS WILL BE A CONCEPTUAL CYCLING.
I, UM, I MIGHT, I MAY HAVE QUESTIONS LATER, BUT I THINK WE HAVE TO OPEN IT TO FOR REBUTTAL.
OH, MR. BROOKS, DO YOU HAVE A QUESTION OR DO AHEAD ALL SIX AND A HALF MINUTES.
CLEAR TO ME THAT THERE'S MISINFORMATION, AND IT'S ALSO CLEAR TO ME, AND I'M NOT CRITICAL OF ANYONE ABOUT THIS, THAT THERE'S A LACK OF UNDERSTANDING OF OUR CODE AND HOW IT WORKS.
UM, THE NON-CONFORMING PART, FOR EXAMPLE, WHY WE'RE HERE FOR A VARIANCE IS BECAUSE WHILE WE CAN MAINTAIN WHAT WE HAVE, IF WE WANT TO EXPAND THAT, FOR EXAMPLE, ON THE WEST SIDE, WE WOULD NEED A VARIANCE.
TYPICALLY WHERE THAT COMES UP IS IF YOU HAVE A DUPLEX, YOU CAN'T MAKE THAT A THREEPLEX.
THAT'S TYPICALLY WHERE THAT COMES UP.
AND SO WE'RE NOT TALKING ABOUT DOING THAT.
UM, THE COMPLAINTS I'VE HEARD ARE PRIVACY.
BUT WE LIVE IN A CITY AND WE'RE ALLOWED TO BUILD TWO STORIES.
OUR, OUR
THEY'RE ALWAYS MASSIVE TWO STORY HOMES.
[03:15:01]
MAXIMUM FOOTPRINT.WHEN YOU'RE LOOKING AT THE VARIANCES, WE'RE ASKING FOR A SMALL VARIANCE ON THE WEST SIDE, YOU DON'T EVEN NEED A SITE PLAN TO UNDERSTAND WHAT THAT IS.
ON THE WEST SIDE, WE'RE ASKING FOR 50% LOCK COVERAGE.
WHATEVER AMOUNT OF THE LOT COVERAGE IN OUR FINAL PLANS WOULD HAVE TO HAVE, THE AMOUNT OF THE LOT COVERAGE WOULD EITHER BE 50% OR NOT, NO MATTER WHERE IT IS ON THE LOT.
AS TREVOR SAID, WITH A ROOF, YOU PUT IN A GARDEN SHED, IF YOU PUT IN A, A GARAGE WHERE THERE'S DETACHED OR NOT, THOSE A CARPORT, ALL OF THAT COUNTS TOWARDS MY LOCK COVERAGE.
ANY STRUCTURES GONNA COUNT TOWARDS MY LOCK COVERAGE.
AND UNDER THE ORDINANCE, WE'RE CAPPED AT WHAT WE CAN DO WITH A CRAFTSMAN.
UM, EVEN IF WE WERE TO TEAR IT DOWN, WE'D HAVE TO REPLACE IT WITH A CRAFTSMAN.
AND THE SECOND STORY PER OUR ORDINANCE IS LESS SQUARE FOOTAGE THAN THE FIRST STORY, BECAUSE WE HAVE TO, AT A MINIMUM, HAVE A FIVE FOOT SETBACK ON THE WHOLE FRONT OF THE SECOND STORY.
SO THE MAXIMUM SIZE WE'RE TALKING HERE CONCEPTUALLY, IS EIGHT OR 7,500 SQUARE FEET.
WHAT WE HAVE PROPOSED IS A 4,000 SQUARE FOOT ISH FOOTPRINT AND TOTAL SQUARE FOOTAGE OF 6,000 SQUARE FEET.
SO I WANNA ADDRESS THE CARPORT THING, FIRST OF ALL.
SO I'M LOOKING AT THE BACK PAGE HERE THAT'S GOT THE SUMMARY OF, I'M NOT, I'M NOT GETTING TO YOUR SIX.
SO YOU, YOU'RE SAYING THE BOTTOM FLOOR WOULD BE ABOUT 4,000 SQUARE FEET AND THE UPPER FLOOR WOULD BE ABOUT 2000 SQUARE FEET.
IS THAT, WELL, I'M SAYING THE MAX WE WOULD BE ABLE TO DO IS 4,000.
WHAT WE'RE PROPOSING IS FOR IS THAT, BUT WE'RE ALSO CONTEMPLATING HAVING PATIO SPACE THAT WOULD NOT NECESSARILY BE, SO IN THAT MASSING, WE'RE ALSO TALKING ABOUT HAVING SOME PATIO SPACE THAT WOULDN'T COUNT TOWARDS THAT.
SO YEAH, WE'RE LOOKING AT SIX, SIX THOU, I MEAN, ROUGHLY SIX.
THESE NUMBERS AREN'T REALLY, WE'VE GOTTEN A BUNCH OF DIFFERENT NUMBERS, SO I WAS JUST TRYING TO, OKAY, YEAH.
ROUGHLY 3000 SQUARE FOOT A UNIT IS WHAT WE'RE TALKING ABOUT.
UM, AND SO IN ORDER TO GET THROUGH AND GET A BUILDING PERMIT, WE'RE GONNA HAVE TO HAVE FULL SITE PLAN AND FULL ELEVATIONS, AND WE'RE GONNA HAVE TO HAVE DETAIL AS TO WHAT TYPE OF WINDOWS WE USE, WHAT TYPE OF DOOR WE USE, WHAT KIND OF SIDING WE USE.
ALL OF THAT INFORMATION BEFORE TREVOR OR SOMEBODY SITTING IN A SEAT IS GOING TO APPROVE IT FROM CONSERVATION DISTRICT PERSPECTIVE AND THEN SEND IT ON FOR PERMITTING.
UM, SO WE'RE NOT THERE YET, BUT WHAT OUR, WE'RE TRYING TO ESTABLISH WITH THIS DIAGRAM IS WHAT IS POSSIBLE.
AND I THINK THAT'S WHAT YOU'RE WORRIED ABOUT.
AND WHAT IS POSSIBLE IS NO MATTER HOW WE CONFIGURE IT, EITHER DETACH GARAGES, ATTACHED GARAGE, HOWEVER YOU CONFIGURE IT, THE FOOTPRINT ON THIS LOT AT 50% CAN'T BE MORE THAN 4,000 SQUARE FEET, WHICH IS FAIRLY CONSISTENT WITH WHAT'S BEING BUILT IN SINGLE FAMILY IN OUR NEIGHBORHOOD RIGHT NOW.
NUMBER TWO, THERE'S APPEARS TO BE SOME CONFUSION ABOUT WHETHER WE'RE SEEKING TO DO ADUS.
WHAT WE ARE PROPOSING ARE DUPLEXES.
OUR NEIGHBORHOOD DID SUPPORT 65% OF THE PEOPLE WHO VOTED DID SUPPORT TO, UH, THE A DU OVERLAY.
SO IT'S POPULAR IN OUR NEIGHBORHOOD, BUT THAT'S, THAT'S NOT PART OF OUR PROPOSAL.
UM, NUMBER THREE, UH, THERE WAS SOME TALK ABOUT THIS DUPLEX THAT IS ADJACENT TO THE SCHULTZES.
THOSE CARPORTS CANNOT BE 20 OR 22 FEET WIDE EACH AND MEET THE SETBACKS.
SO WHAT YOU HAVE ARE CARPORTS THAT YOU CAN'T PARK TWO CARS IN.
AND WHAT YOU END UP HAVING IS CARS PARKED ON THE STREET, WHICH IS WHAT HAPPENS ALL THE TIME BECAUSE IT'S DOWN THE BLOCK FOR ME.
SO WHAT WE'RE TRYING TO ACHIEVE IS ACTUAL CAR GARAGES THAT PEOPLE CAN PARK IN TO TAKE CARS OFF THE STREET TO GIVE THAT LACK OF CONGESTION.
AND, AND FRANKLY, IT'S WHAT PEOPLE WANT IN THIS NEIGHBORHOOD.
UM, THERE WAS ALSO SOME DISCUSSION ABOUT THE AMENDMENT PROCESS WE WENT INTO A COUPLE OF YEARS AGO, AND I THINK THERE WAS SOME CRITICISM ABOUT HOW WE PARTICIPATED.
PHILLIP AND I WERE THE ONLY PEOPLE THAT SHOWED UP AT CPC AND COUNCIL FOR THAT AMENDMENT.
NOBODY ELSE IN THIS ROOM SHOWED UP.
AND WE SAT ON EVERY ONE OF THOSE MEETINGS AND WE USHERED THAT PROCESS THROUGH WHETHER WE SUPPORTED EVERYTHING EVERYBODY WANTED OR NOT.
WE PARTICIPATED IT A HUNDRED PERCENT.
SO THAT IS AN INACCURATE CHARACTERIZATION.
[03:20:01]
THING I HEARD IS OUR, OUR ROI OR OUR POCKET, YOU NEVER HEARD US SAY ONE WORD ABOUT THAT, BECAUSE THAT'S NOT THE ONLY REASON WE DO DEVELOPMENT.OUR COMPANY IS FOCUSED ON AFFORDABLE HOUSING, WORKFORCE HOUSING, GREEN BUILDING, AND HISTORIC PRESERVATION.
THOSE ARE THE THINGS WE TRY TO DO.
THIS PROJECT, I'VE NEVER SAID THAT THIS WAS AFFORDABLE HOUSING.
WHAT I HAVE SAID IS THAT THIS IS A DIFFERENT PRICE POINT FOR THIS NEIGHBORHOOD.
THIS ALLOWS FAMILIES WHO DON'T HAVE $2 MILLION A YEAR TO SPEND ON A, ON A HOUSE TO GET INTO GENEVA HEIGHTS LONG IN WOODROW SCHOOLS OR TO LIVE CLOSE TO DOWNTOWN WHERE THEY MAY WORK OR TO LIVE IN WALKING DISTANCE OF GREENVILLE, WHATEVER IT IS THAT THEY WANNA DO.
IT IS A VERY HIGH OPPORTUNITY AREA THAT IS INCREASINGLY UNACCESSIBLE TO MOST PEOPLE WHO LIVE IN THIS CITY AND AROUND.
AND SO THAT IS WHAT WE ARE ATTEMPTING TO DO.
WE ARE ALSO ATTEMPTING TO DO HISTORIC PRESERVATION.
YOU WILL NOT FIND TWO PEOPLE WHO ARE MORE ARDENT SUPPORTERS OF OUR CONSERVATION DISTRICT THAN US.
I DO NOT BELIEVE THAT THE REQUESTS THAT WE ARE ASKING FOR DAMAGE THIS NEIGHBORHOOD AND RELEASE.
AND WHAT WE ARE GOING TO BE ABLE TO DO IF YOU GRANT THESE VARIANCES, IS PRESERVE THE EXISTING STRUCTURE IN A WAY THAT WE CANNOT DO WITHOUT THE VARIANCES AND CREATE A PRODUCT THAT FAMILIES WANNA LIVE IN, IN A AND WE CANNOT DO THAT WITHOUT
CAN WE DO SOMETHING ELSE ON THIS PROPERTY? OF COURSE, WE COULD TEAR IT DOWN AND PUT UP SINGLE FAMILY AND CHARGE $2 MILLION LIKE EVERYBODY ELSE DOES.
THAT'S AN EASIER PROJECT, FRANKLY.
SO, BUT IT DOESN'T ACHIEVE WHAT THE CONSERVATION DISTRICT IS SUPPOSED TO DO.
WHERE ARE WE ON TIME? IT'S, THANK YOU.
SO, AND WHEN WE TALK ABOUT PUBLIC INTEREST, THESE HOUSING CONCEPTS ARE VERY MUCH IN LINE WITH WHAT'S IN THE PUBLIC INTEREST.
WHAT WE HAVE NOW ARE THREE UNITS THAT ONLY ONE PERSON IS LIVING IN ONE OF THE UNITS.
WHAT WE ARE TRYING TO DO IS TO CREATE TWO UNITS THAT WILL STAND THE TEST OF TIME.
AND THAT INCLUDES HAVING GARAGES AND DOING THE PROJECT THE RIGHT WAY.
IF I HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM.
UM, A FEW QUESTIONS THAT I, I THINK SOME OF THE OPPOSITIONS PUT TOWARDS AND QUESTIONS THAT WERE KIND OF LOOMING THAT, UM, WANTED SOME CLARITY ON, UM, WHO WILL BE DEVELOPING THIS PROJECT.
SO THIS IS NOT A SITUATION WHERE YOU GET THESE VARIANCES AND YOU SELL IT OR HAVE SOMEBODY ELSE DEVELOP IT? NOPE.
UM, WHAT IS THE END, UH, INTENTION OF THIS PROPERTY? IS IT SHORT-TERM RENTAL? IS IT LONG-TERM RENTAL? IS IT TO SELL? I THINK THERE'S QUESTIONS ABOUT PREVIOUS TENANTS ON THE, ON, ON THE PROPERTY AND WHAT THAT MEANT FOR THE NEIGHBORING PROPERTIES AND JUST NOT HAVING FULL IDEA OF APPRECIATION OF WHAT THE INTENDED END USE IS.
YOU'LL FIND VERY FEW PEOPLE WHO DISLIKE SHORT-TERM RENTAL AND THE EFFECT IT HAS ON OUR HOUSING MORE THAN ME.
ALL OF OUR LEASES FOR OUR OTHER RENTAL PROPERTIES HAVE A SPECIFIC PROVISION THAT PROHIBITS SHORT-TERM RENTAL.
AND I WILL LOOK BACK TO B SOMEBODY WHO TRIES TO DO IT.
I'M VERY SERIOUS ABOUT IT NOT BEING SHORT-TERM RENTAL.
I'LL PUT A DEEDED RESTRICTION ON IT THAT SAYS YOU CAN'T DO SHORT-TERM RENTAL.
THAT'S HOW SERIOUS I AM ABOUT IT.
OUR CURRENT PLAN IS TO SELL THESE TO PEOPLE WHO WILL BECOME MEMBERS OF THIS COMMUNITY AND HAVE AN OPPORTUNITY TO LIVE HERE AT A DIFFERENT PRICE POINT.
COULD WE SELL, COULD WE RENT THEM? YES, THAT'S ALSO A POSSIBILITY.
BUT I VERY RARELY DO A LEASE AS LONG.
AND FOR A PROPERTY LIKE THIS, I CAN'T IMAGINE YOU'D HAVE PEOPLE WANTING TO LIVE IN IT FOR LESS, LESS THAN A YEAR.
UM, AND THEN I THINK THE LAST PIECE, UM, TO SPEAK TO IS THESE, UM, UH, THAT I'M STILL HAVING A HARD TIME KIND OF WRAPPING MY HEAD AROUND AS, AS IS THESE, THESE SIDE YARD SETBACKS.
UH, YOU'VE SPOKEN TO THE FACT THAT IN ORDER TO PRESERVE THIS NON-CONFORMING, UM, DUPLEX THAT YOU NEED THESE TWO VARIANCES.
ONE IS A VARIANCE OF A, UH, TWO FOOT, UH, SIDE YARD SETBACK.
AND THEN THE OTHER IS FOR A SIX FOOT, THREE INCH, UM, SIDE YARD SETBACK.
CAN YOU PLEASE AGAIN, SPEAK TOWARDS THAT? UM, AND WHAT WOULD HAPPEN IF THIS BOARD DOES NOT GRANT THESE APPLICATIONS STAY IN TERMS OF THE FUTURE OF THIS PROJECT AND THE DUPLEX? OKAY.
SO ON THE WEST SIDE, THE EXISTING STRUCTURE IS ABOUT A FOOT INTO THAT FIVE YARD SETBACK.
WHAT WE WOULD LIKE IS A SETBACK THAT ALLOWS US TO CARRY THAT TO THE END OF WHATEVER WE BUILD.
ON THE EAST SIDE, THE BUILDING IS IN IT, IT IS A COUPLE OF FEET INTO THE SETBACK ON THE EAST SIDE.
AND WHAT WE WOULD LIKE IS, AND THERE'S TWO
[03:25:01]
REASONS FOR THAT SIX FOOT SETBACK.ONE IS PRESERVE THE EAST PART OF THE HOUSE AND CARRY THAT TO THE REST OF THE BUILDING.
BUT TWO MORE IMPORTANTLY IS TO BE ABLE TO DO TWO, TWO CAR GARAGES, WE NEED 44 FEET.
AND UNLIKE ALL OF THE OTHER INTERIOR LOTS IN OUR NEIGHBORHOOD WHERE YOU CAN DO A DETACHED GARAGE WITH EITHER NO SETBACK ON THE SIDE, IF IT'S UNDER 15 FEET OR THREE FOOT OF SETBACK ON THE SIDE, IF IT'S OVER 15 FEET ON CORNER LOTS, SUBSECTION D SUBSECTION 16 SPECIFICALLY SAYS ON CORNER LOTS ACCESSORY STRUCTURES MAY NOT BE LOCATED CLOSER TO THIS CORNER SIDE LOT LINE THAN THE MAIN STRUCTURE.
SO WHAT THAT MEANS IS, ON A CORNER LOT LIKE THIS ONE, THE ACCESSORY STRUCTURE HAS TO HAVE THE SAME SIDE SETBACK AS THE MAIN STRUCTURE.
SO IN THIS INSTANCE, IT WOULD BE FIVE FOOT AND 10 FOOT.
WHAT WE'RE ASKING FOR IS A VARIANCE ON THAT 10 FOOT SO THAT WE CAN HAVE 44 FEET OF WIDTH ACROSS THE BACK FOR THOSE GARAGES.
UM, AND SOME OF THE SPEAKERS AND OPPOSITIONS SPOKE TO OTHER OPTIONS SUCH AS A CARPORT OVER A GARAGE AND WHAT THAT MEANS TOWARDS THE APPLICATIONS AND VARIANCES.
CAN YOU SPEAK TOWARDS THAT? YES.
NUMBER ONE, YOU NEED THE SAME SPACE FOR A CARPORT FOR TWO CARS AS YOU WOULD A GARAGE.
UM, AND NUMBER TWO, IN MY EXPERIENCE IN THIS NEIGHBORHOOD, THE CARPORTS DON'T, DON'T LAST LIKE GARAGES.
THE MARKET DOESN'T WANT CARPORTS INSTEAD OF GARAGES.
YOU KNOW, YOU WERE TALKING ABOUT SAFETY AND SOME OF THESE PEOPLE RAISING SAFETY CONCERNS.
AN OPEN CARPORT THAT IS NOT SOMETHING YOU CAN SECURE INVITES GUESTS THAT YOU MAY NOT WANT TO HAVE.
NOT JUST THE CRITTERS, BUT OTHERS.
AND ESPECIALLY ON THE CORNER OF GLASGOW AND SKILLMAN, WHERE YOU HAVE EASY ACCESS TO LEAVE.
SO IF WE'RE TALKING ABOUT SECURITY AND WE'RE TALKING ABOUT CREATING A PRODUCT THAT WILL STAND THE TEST OF TIME, WE'LL BE THERE FOR ANOTHER A HUNDRED YEARS.
WE REALLY NEED ENCLOSED GARAGES.
THAT'S ALL THE QUESTIONS I HAVE.
SO HOW WIDE IS THE LOT? THE BUILDABLE LOT, IF YOU DON'T HAVE THE VARIANCES, I CAN'T READ IT FROM THIS.
THE, THE LOT IS 50 FEET WIDE WITH THE EXISTING SEX SETBACKS.
WE HAVE 35 FEET OF BUILDABLE WIDTH.
UM, HOW LONG WOULD IT TAKE FOR, FOR PLANS TO BE DRAFTED? UH, I DON'T, I'D HAVE TO TALK TO MY ARCHITECT WITH THE HOLIDAYS.
I'M GUESSING SIX, EIGHT WEEKS.
I MEAN, IN MY OPINION, I THINK YOU WERE MAKING, UM, SOME GOOD ARGUMENTS REGARDING SOME OF THESE VARIANCES.
YOU KNOW, THE PROBLEM I'M HAVING HERE IS JUST NOT FULLY, UH, HAVING FULLY DEVELOPED PLANS.
I HAVE, UH, YOU KNOW, KINDA A LIGHT SITE PLAN THAT WE'RE, YOU KNOW, THESE VARIANCES ARE BEING TIED TO.
UM, FOR ME, THAT IS, THAT IS THE BIGGEST HURDLE I'M HAVING.
UM, BECAUSE THESE VARIANCES GRANT A LOT OF ROOM TO BUILD AND NOT WITHOUT HAVING FULLY DEVELOPED PLANS, WHICH I UNDERSTAND THAT THIS IS PRETTY EARLY ON THE PROCESS AND YOU DON'T REALLY WANNA INVEST IN THESE PLANS BEFORE YOU REALLY HAVE A FULL IDEA OF WHAT YOU CAN DEVELOP.
BUT THAT, THAT'S JUST A PIECE FOR ME THAT I'M, I CAN UNDERSTAND THAT.
I MEAN, WE'RE ALL VISUAL PEOPLE, RIGHT? I'M ACTUALLY A VISUAL PERSON MORE THAN, THAN SOME, BUT THIS, THE VARIANCES WE'RE ASKING FOR, THE LANGUAGE OF THE VARIANCE IS GOING TO DICTATE WHAT WE CAN BUILD REGARDLESS OF WHAT SITE PLAN WE PUT IN FRONT OF YOU OR REGARDLESS OF WHAT PLANS WE PUT IN FRONT OF YOU.
THE VARIANCE ITSELF IS WHAT WE'LL BE ABLE TO DO.
SO IF IT'S A 50% LOCK COVERAGE, IT DOESN'T MATTER WHAT KIND OF PRETTY PICTURE I PUT IN FRONT OF YOU, IT'S STILL ONLY 50%.
IF IT'S TWO FEET ON THE WEST SIDE, IT DOESN'T MATTER WHAT KIND OF PRETTY PICTURE I PUT, IT'S STILL ONLY TWO FEET.
AND SO WHILE I UNDERSTAND HAVING NICE PLANS THAT DICTATE, YOU KNOW, WHAT WE'RE GONNA BUILD, WHICH IS HARD FOR US TO DO BECAUSE WE DON'T KNOW IF WE'RE GETTING VARIANCES OR WHICH ONES WE'RE GONNA GET, IT'S DIFFICULT TO CREATE THOSE AT THIS STAGE, WHICH IS WHY WE WENT WITH SOMETHING THAT SHOWS SORT OF WHERE WE ARE AND WHAT THE MASSING IS DICTATES WHERE THE ORIGINAL STRUCTURE IS NOW.
AND THEN, YOU KNOW, WHAT WE HAVE IN MIND ON VELASCO, IF WE DO A DETACHED GARAGE, THEY HAVE TO HAVE A 30 FOOT SETBACK BECAUSE WE HAVE ADDITIONAL REAR SETBACKS, UH, IN THIS NEIGHBORHOOD.
IF YOU HAVE AN ATTACHED GARAGE, YOU HAVE TO HAVE A 30 FOOT SETBACK.
IF YOU HAVE A DETACHED GARAGE, THEN YOU HAVE 20 FEET OR THE FIRE CODE.
CAN YOU SPEAK TO THE STATEMENT THAT, UH, ONE OF THE OPPOSITION MADE THAT THE PLAN, THE EXISTING DRAWINGS OF THE EXISTING BUILDING ARE INCORRECT
[03:30:01]
AND YOU'RE NOT ACCURATELY, THEY'RE JUST WRONG.I THINK PART OF WHERE THE CONFUSION COMES IS BECAUSE THE EXISTING FENCE HAS BEEN BUILT INTO THE CITY'S RIGHT OF WAY.
AND SO IF YOU'RE THINKING THAT THE EXISTING FENCE REPRESENTS THE PROPERTY LINE, THEN THAT'S NOT ACCURATE.
THIS MICROPHONE DOESN'T WORK TODAY.
UM, SO QUESTION, UH, WITH THE DESIGN PROCESS, AND THIS IS ELABORATING MORE ON MS. LAMB'S QUESTION ABOUT MASSING SITE PLANS AND ALL THAT, AND I KIND GET THE GIST OF THE SITE PLAN HERE, BUT DISCUSSIONS DURING DESIGN, I'M SURE PRELIM PRELIMINARY DESIGNS, UM, I THINK ONE OF THE ISSUES HERE THAT WE'RE GONNA HAVE TO CONSIDER TOO IS THIS EXCESS OF THE MAXIMUM LOCK COVERAGE.
UM, WAS THIS, UM, OR CAN YOU AT LEAST DESCRIBE TO US WHAT SOME OF THE CHALLENGES WERE IN THE PLANNING THAT GOT US TO THIS SITE PLAN TODAY? AND I KNOW THAT THE GARAGE, THAT'S KIND OF A FIXED, YOU KNOW, PER YOUR MINIMUM, UH, DIMENSIONS.
BUT I'M TRYING TO UNDERSTAND IF THERE'S ANY WAY THAT THIS CAN BE MORE EFFICIENT SO THAT WE'RE COMING DOWN FROM THAT 50, WHAT, A 50.7% CLOSER TO THE 40% JUST YEAH, WHAT THOSE CONVERSATIONS WERE.
IT'S 45%, BUT, UM, YEAH, I MEAN WE'VE GOT A, AN EXISTING STRUCTURE THAT'S ALMOST A HUNDRED YEARS OLD THAT'S BEEN BUILT INTO BOTH SETBACKS ON BOTH SIDES.
SO A RATIONALE FOR ASKING FOR THE ADDITIONAL CO BLOCK COVERAGE IS THAT GIVES US THE MOST FLEXIBILITY TO SAVE AS MUCH AS THAT ORIGINAL STRUCTURE AS POSSIBLE.
UM, AND BECAUSE IT'S ON SKILLMAN AND BECAUSE THERE'S A SIZABLE RIGHT OF WAY THAT THE CITY HAS, I DON'T THINK THAT THAT EXTRA LOT COVERAGE, WHICH WILL ALL BE REALLY FELT ON THE EAST SIDE, IS IMPACTING, IT'S NOT IMPACTING A NEIGHBORING HOME.
BUT IF YOU'RE ASKING ME, CAN I MAKE THIS PROJECT WITHOUT THE ADDITIONAL LOT COVERAGE, YES, WE'RE JUST, YOU KNOW, EVERYTHING'S ABOUT CHOICES.
AND SO THE MOST FLEX, THE MORE FLEXIBILITY WE HAVE, THE MORE OPPORTUNITY WE HAVE TO ACHIEVE THE HISTORIC PRESERVATION ASPECT OF THIS PROJECT.
ANY OTHER QUESTIONS? UM, SO I MEAN, I'VE LISTENED TO THE OPPOSITION AND I MEAN, I THINK Y'ALL BUYING THE HOUSE AND PUTTING IN A DUPLEX FIXES A LOT OF THE PROBLEMS THAT THE OPPOSITION HAD.
YOU'RE SAYING YOU'RE ONLY GONNA BE DUPLEXES, WE'RE NOT TRIPLING THE POPULATION OR QUADRUPLING THE POPULATION.
AND, UM, I'M SUPPORTIVE OF THAT.
'CAUSE YOU CAN TELL FROM LOOKING AT THE PICTURE THAT IT'S DILAPIDATED AND ANYTHING YOU'RE GONNA DO IS PROBABLY GOING TO BE AN IMPROVEMENT.
UM, I THINK PUTTING A GARAGE IN IS A REALLY GREAT IDEA.
UM, I THINK THAT'S GONNA HELP WITH THE PARKING PIECE OF IT.
I LIVE IN, I I, I'M STRUGGLING WITH GRANTING A VARIANCE IN THE CONSERVATION DISTRICT.
'CAUSE WHILE I KNOW THAT WE DO NOT SET A PRECEDENT FOR WHAT IT DOES, I MEAN, I SEE IT ALL OVER.
UM, AND SO I'M, I'M JUST TRYING TO GET MY HEAD AROUND WHAT, WHAT ARE SOME, WHAT ARE THE OTHER OPTIONS HERE THAT GET YOU THAT 44 FOOT GARAGE WITHOUT GRANTING THREE DIFFERENT VARIANCES? AND I'M, AND I, I DON'T, I'M, I'M, 'CAUSE I I THINK THERE'S A HAPPY MEDIUM.
I I THINK WE CAN MAKE THE NEIGHBORS HAPPY AND I THINK WE CAN MAKE YOU HAPPY.
'CAUSE I THINK WHAT Y'ALL ARE DOING IS RIGHT FOR THE NEIGHBORHOOD.
I AM FULLY SUPPORTIVE OF MULTI-FAMILY CONCEPT.
I MEAN, I KNOW IT'S STILL GONNA BE A MILLION DOLLARS, BUT AT LEAST IT'S NOT $2 MILLION.
UM, YOU'RE STILL, STILL NOT SUPER, I DON'T THINK THAT'S AFFORDABLE, BUT FOR SOME PEOPLE IT'S MORE AFFORDABLE.
UM, SO I MEAN, I THINK THAT'S A, THAT'S A GOOD THING.
WE NEED MORE OF THAT IN THE CITY.
BUT HOW DO YOU NOT ENCROACH ON THE CONSERVATION PIECE? AND I KNOW Y'ALL ARE A HUGE PART OF THE CONSERVATION, AND SO I KNOW THAT'S IMPORTANT TO YOU TOO.
AND I'M, I, ANYWAYS, I'M JUST STRUGGLING TO GET MY HEAD AROUND WHAT THE OTHER OPTIONS ARE.
I FEEL LIKE WE'RE GRANTING SOME THINGS THAT, AND I, I AGREE WITH EVERYTHING YOU'RE SAYING.
ONCE YOU SAY IT, THIS IS AS BIG AS IT CAN BE.
BUT I, I'VE SEEN IT IN OTHER AREAS.
WHEN YOU GIVE 'EM THIS LOT COVERAGE, SUDDENLY IT BECOMES SOMETHING THAT YOU JUST COULDN'T EVEN DREAMED OF IN YOUR MIND.
'CAUSE YOU DON'T HAVE, I MEAN, I, IT'S HAPPENED IN MY NEIGHBORHOOD, SO I'M, I I'M JUST RELUCTANT.
WELL, UM, BUT SUPPORTIVE AT THE SAME TIME.
NUMBER ONE, WE DO HAVE DIFFERENT BUILDING ENVELOPE FOR THE SECOND STORY THAN THE FIRST.
SO THAT'S, THAT ADDRESSES MASSING TO SOME DEGREE.
NUMBER TWO, THERE'S NO WAY TO DO TWO GARAGES WITHOUT SETBACKS, VARIANCES.
[03:35:01]
UM, AND I THINK IF YOU SAW WHAT THE NEW CONSTRUCTION LOOKS LIKE IN OUR HOU IN OUR NEIGHBORHOOD, THIS WOULD FIT RIGHT ON IN BECAUSE THE HOMES THEY'RE BUILDING ARE MASSIVE.YOU KNOW, AND THIS DOESN'T REALLY, OTHER THAN IT'S MULTIFAMILY, IT DOESN'T REALLY REPRESENT A BIG VARIANCE FROM WHAT WE'RE DOING.
AND YOU KNOW, THERE'S, I, I UNDERSTAND THAT PEOPLE SAY, OH, WELL YOU KNOW THIS, YOU KNOW, YOU DO THIS IN THE CONSERVATION DISTRICT, EVERYBODY WANNA DO IT.
WE SAT THROUGH THE, WHAT, THREE OTHER HEARINGS TODAY WHERE VARIANCES WERE GRANTED IN CONSERVATION DISTRICTS.
THIS, THIS IS NOT AN UNCOMMON REQUEST.
AND THE THING THAT MAKES THIS UNIQUE, ASIDE FROM ITS LOCATION ON SKILLMAN, IS THAT THIS IS A DUPLEX.
WE'RE, WE'RE VOLUNTARILY, YOU KNOW, DIMINISHING THE DENSITY.
BUT IF YOU THINK ABOUT IT AS A DUPLEX TO MAINTAIN THOSE LEGAL NON-CONFORMING RIGHTS, AND TO BUILD SOMETHING THAT WILL STAND THE TEST OF TIME, UM, YOU HAVE TO HAVE THE VARIANCES.
AND SO WHAT WE'RE PROTECTING IN ADDITION TO A HISTORIC, A HISTORIC STRUCTURE IS THE LEGAL NON-CONFORMING RIGHTS.
THIS PROPERTY ALREADY HAS TO KEEP THOSE AND TO KEEP THIS AS A DUPLEX THAT FAMILIES WILL LIVE IN.
THERE'S NO WAY TO DO IT WITHOUT THE VARIANCES.
AND, YOU KNOW, NO DISRESPECT TO CREATIVE IDEAS, BUT CARPORTS AREN'T GONNA CUT IT.
AND YOU CAN'T DO TWO CARPORTS TO FIT FOUR CARS WITHOUT HAVING THE SAME AMOUNT OF SPACE.
DO YOU, DO YOU THINK IF YOU HAD ANOTHER MONTH TO MEET WITH THE NEIGHBORS AND GET OUT THE, THE RULERS AND SHOW 'EM KIND OF HOW IT'S ALL GONNA FIT THAT WE COULD APPEASE SOME PEOPLE? I, I, I MEAN, I'M JUST, WOULD YOU BE WILLING TO DO THAT? WOULD YOU BE WILLING TO WORK WITH THESE NEIGHBORS? I MEAN, I'M, I'M ALWAYS WILLING TO WORK WITH PEOPLE, BUT IF YOU WANNA KNOW THE HONEST TRUTH, NO, I DON'T THINK IT MAKES ANY DIFFERENCE, BECAUSE I DON'T THINK THAT THIS IS ENTIRELY ABOUT CONSERVATION DISTRICT.
ARE THERE ANY OTHER QUESTIONS? OH, WE
SO WE HAVE ANY OTHER QUESTIONS? OKAY.
ALRIGHT, WELL THEN I GUESS WE'RE READY.
UH, SO THERE'S THREE, THERE'S THREE MOTIONS IN FRONT OF US, SO BEAR WITH US.
WE'RE GONNA READ ONE MOTION AT A TIME.
UM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 23 DASH ONE 14 ON APPLICATION OF PHILLIP KINGSTON.
DENY THE VARIANCE TO THE MAXIMUM ALLOWED LOCK COVERAGE REGULATION REQUEST BY THIS APPLICANT WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
THAT MOTION, UM, THIS ONE, UM, I THINK WHAT'S ALLOWED BY RIGHT WITH THE 45% GETS YOU 7,200 SQUARE FEET OF BUILDABLE SPACE, INCLUDING, UM, GARAGE ON THE PROPERTY.
SO I DIDN'T FIND A REASON TO BE ABLE TO, TO GRANT THIS PARTICULAR, UM, MOTION.
UM, I FELT THAT WHAT WAS ALLOWED BY RIGHT, WAS A, WAS SUFFICIENT ENOUGH.
UM, AND I I DIDN'T FEEL LIKE, UM, ALLOWING A VARIANCE TO INCREASE, UM, THE LOT COVERAGE GOT TO 50.7%.
UM, WAS, WAS JUST IN THIS CASE AND MY POINT FOR DISCUSSION, ARE WE DISCUSSION? YEAH.
IS THAT, UM, I DO BELIEVE IN DESIGN EFFICIENCY.
UM, I DO SUPPORT THE MERITS OF THIS PROJECT AS FAR AS REDEVELOPMENT, UM, OF A VERY DILAPIDATED STRUCTURE, BUT WOULD LIKE TO SEE THIS AS CLOSE TO THAT 45%.
UM, WHICH THERE'S A LOT OF INNOVATIVE DESIGNS, DESIGNERS THAT CAN, I BELIEVE, CAN ACHIEVE THIS.
SO THAT IS, UM, MY POINT FOR MAKING THIS MOTION.
UH, I'M INCLINED TO, I, I CAN SEE THE MERITS FOR NOT, OR FOR ALLOWING THIS BECAUSE THE, YOU KNOW, THE STAFF RECOMMENDATION TO THE, THE LOT ITSELF DOES NOT, IS NOT RESTRICTIVE IN AREA SHAPE OR SLOPE, BUT WE HEARD A LOT OF DISCUSSION ABOUT THE, UH, HOW DANGEROUS SKILLMAN IS AND HOW PARKING IS, IS REALLY BAD.
AND TO ME, THAT'S RESTRICTIVE IN THAT ONE OF THE THINGS
[03:40:01]
THAT WOULD, I THINK WOULD BE A CREATIVE WAY TO DO THIS WOULD BE TO ENTER OFF, ENTER THE PARKING GARAGE OFF OR THE PARKING OFF SKILLMAN.BUT TO ME, THAT IS RESTRICTIVE, THAT'S UNSAFE, THAT'S CREATING AN UNSAFE, UM, SITUATION FOR THE NEIGHBORHOOD.
BUT THE NEIGHBORS ARE CLEARLY VERY, VERY CONCERNED ABOUT SAFETY AND, UH, ALLOWING A INCREASE IN LOT COVERAGE TO OPEN, UH, UH, GARAGES.
I THINK THAT ALLOWS THE GARAGES TO OPEN THE, THE REAR CREATES A SAFER THAT, THAT TO ME SATISFIES THAT THE, UH, UH, OF WATER, UM, LITTLE RUG RUBRIC WE CAN FOLLOW.
I MEAN, I THINK THERE'S ALSO THE OPPORTUNITY TO, THERE'S DIFFERENT ACCESS POINTS TO THE PROPERTY, INCLUDING THE ALLEY.
AND I THINK THAT IF YOU GR IF YOU GET TO THAT POINT WHERE YOU'RE GRANTING 50.7% OF LOCK COVERAGE, THE AMOUNT THAT YOU BUILD OF, OF THE DUPLEX IS ENORMOUS.
AND I THINK THAT THEY, I THINK THEY CAN REASONABLY DEVELOP THE PROPERTY WITHIN THE CONSTRAINTS, THE CONSERVATION DISTRICT AND, UM, THE TOTAL LOCK COVERAGE.
UM, AS, AS, AS WE'VE HEARD FROM TREVOR BROWN IN TERMS OF WHAT IS ALLOWED BY WRIGHT IN TERMS OF LOCK COVERAGE, SQUARE FOOTAGE, I MEAN, THEY CAN BUILD UP TO 30 FEET.
I MEAN, NOW GRANTED THEY'RE RESTRICTED BY THE CONSERVATION DISTRICT TO TWO STORIES, BUT EACH UNIT COULD, YOU KNOW, THEY HAVE 7,200 SQUARE FEET TO DEAL WITH IN TERMS OF, OF BUILDABLE, UM, SQUARE FOOTAGE.
SO I, I THINK THAT THAT'S MORE THAN ENOUGH FOR THEM TO DEVELOP THIS PROPER PROPERTY ACCORDINGLY.
I, I'M, I'M NOT GONNA SUPPORT THIS MOTION.
UM, AND THE REASON IS, IS I THINK IT'S, TO ME IT'S BEEN, IT'S BEEN WELL ARTICULATED THAT THE REASON WE'RE GETTING TO THIS LARGER LOT COVERAGE IS BECAUSE OF THE NEED TO HAVE THIS TWO CAR GARAGE ON THE BACK.
WHILE THERE MAY BE 7,200 BUILDABLE SQUARE FEET, NONE OF THAT.
THE SECOND AND THIRD FLOORS ARE CLEARLY NOT A GARAGE.
YOU NEED TO TACK IT ONTO THE BACK OF THE HOUSE.
UM, AND, AND I SUPPORT THE APPLICANT HERE ON TRYING TO MAINTAIN THE HISTORIC STRUCTURE.
UM, TO ME, THE CHARACTER OF, OF CONSERVATION DISTRICTS IS MAINTAINED BY HAVING REALLY OLD HOUSES, NOT BY STRICT ADHERENCE TO ZONING RULES LIKE SETBACKS.
AND, WAIT, UH, HOLD, HOLD ON A SECOND.
ARE, ARE WE STILL ON THE RECORD? OKAY, WE ARE.
UM, SO, SO, SO TO ME, I I, IT, I, I SEE THE MERITS AND I, I THINK THERE IS EVIDENCE IN THE RECORD TO SUPPORT, UM, THE REQUEST FOR THIS VARIANCE.
THE CHALLENGE, I, I'M, I'M A PRESERVATIONIST OF THE HEART AS WELL.
I LIVE IN A CONSERVATION DISTRICT.
THE, THE CHALLENGE IS, IS WE DON'T, WE HAVE A VERY PRELIMINARY SITE PLAN, AND WE WERE NOT GIVEN A FULL PLAN THAT ACTUALLY SHOWS THAT IF WE WERE TO GRANT THIS, THIS, UM, VARIANCE ON THE MAXIMUM LOT COVERAGE, WHAT EXACTLY STAYS WITH THE HOUSE? WHAT DOES IT YOU I I HAVE TO GO BASED ON WHAT THEY CAN DEVELOP BY RIGHT? AND THE ION OF THE CONSERVATION DISTRICT, YOU KNOW, THEY DID HAVE TESTIMONY THAT IF THEY AREN'T GRANTED THIS, THERE'S A POSSIBILITY THEY'D HAVE TO TAKE OUT, DOWN TO A PORTION OF THE BACK HOUSE.
BUT THERE REALLY WASN'T ANY PLANS SUBMITTED THAT WOULD INDICATE WHAT, WHAT THE FINAL PLANS WOULD LOOK LIKE IF WE WERE TO GRANT THIS MAXIMUM LOCK, UH, VARIANCE ON THE MAXIMUM ALLOWED LOT COVERAGE VERSUS NOT.
AND I, I, I ALSO DON'T WANT A, YOU KNOW, IF, IF WE GRANT THIS AT, AT 50 POINT, WHAT IS IT, 50.7, SO THAT GETS US, YOU KNOW, OVER 8,000 SQUARE FEET, UM, OF BUILDABLE SQUARE FOOTAGE ON AN 8,000 SQUARE FOOT PROPERTY.
BUT I THINK THE KEY, YOU KNOW, IS WE'RE TYING IT TO THE, TO THIS PLAN THAT THEY'RE SUBMITTING, WHICH LIMITS THEIR ABILITY TO, THEIR FOOTPRINT IS CAPPED AT THIS FOOTPRINT HERE.
I, I DON'T THINK THEY NEED CASE FOR, UM, NEEDING THE ADDITIONAL, UM, VARIANCE ON THIS.
I THINK THEY COULD, THEY COULD DEVELOP PROPERLY WITH WITHIN THE PARAMETERS OF, OF WHAT IS ALLOWED BY THE CONSERVATION RESERVE.
UM, HONESTLY, I'M STILL DECIDING.
I, MY INITIAL THOUGHT IS 7,200 SQUARE FEET IS 20 VAGUE.
WHEN YOU'RE GOING FROM A, A HOUSE THAT WAS 1300 SQUARE FEET, I MEAN, IT'S, AND I, YOU KNOW, I KNOW NOT SQUARE BUT HOUSE, SO, BUT I THINK IT IS REALLY IMPORTANT TO HAVE THE GARAGE.
UM, BUT I THINK WE CAN DO ALL OF THAT SEVEN, 200 SQUARE FEET.
I DON'T, I I THINK THAT THAT PUTS SOME PARAMETERS ON IT.
[03:45:01]
SMALLER.IT, IT'S GONNA FIT A LOT, A LITTLE BIT BETTER.
UM, SO I'M INCLINED TO, UM, SUPPORT THE, UM, SUPPORT IT.
DO WE HAVE AN IDEA FROM CITY STAFF? UM, I KNOW THE MOTION'S ON THE TABLE, BUT HOW BIG IS THEY'RE PROPOSING TWO, TWO CAR GARAGES? HOW, HOW MANY SQUARE FEET DOES THAT TRADITIONALLY TAKE? DO WE HAVE AN IDEA? UH, TYPICALLY, UH, THE WIDTH OF GARAGES CAN BE ACHIEVED FOR A TWO CAR GARAGE, UM, AT 20 FEET.
SO, I MEAN, 22 FEET IS NOT UNCOMMON, BUT I MEAN, YOU CAN GET BY WITH A 20 FOOT, UH, GARAGE.
SO WHEN SHE WAS SAYING, UM, THE 44 FEET, THAT WAS JUST A 22 TIMES TWO.
SO, SO HOW MANY SQUARE FOOT, HOW MANY SQUARE FEET IS THAT? UH, IT DEPENDS ON THE DEPTH.
SO LIKE, I DIDN'T KNOW THE DEPTH OF THAT.
SO IF IT WAS, UM, 44 BY 22, 24, I DON'T KNOW THE DEPTH OF THE GARAGE.
BUT AGAIN, THAT KIND OF GETS BACK TO WE'RE LOOKING AT A QUOTE UNQUOTE CONCEPTUAL PLAN.
UM, AND WE DON'T HAVE A REAL FOOTPRINT.
IT'S NOTHING TO TIE THE APPLICANT TO MOVING FORWARD.
I MEAN, I THINK IF I RAN THE MAP, THAT'S ALMOST A THOUSAND SQUARE FEET, SO THEY WOULD STILL HAVE 6,200 SQUARE FEET PLAY WITH WITHOUT THE GARAGE WITH BY RIGHT.
WHICH SURE
DO WE HAVE ANY OTHER DISCUSSION? VOTE.
AND I ALSO WANNA REMIND THIS PANEL THAT, UM, IF WE, IF WE, IF WE SUPPORT THIS MOTION, IT'S DENIAL WITHOUT PREJUDICE MEANS THEY CAN COME BACK WHEN THEY HAVE PLANS AND COME BACK WITH PLANS AND SUBMIT FOR ANOTHER, FOR A VARIANCE.
ONCE AGAIN, UM, FOR A MAXIMUM ALLOW ALLOWABLE LOT COVERAGE.
THIS IS NOT A DENIAL WITH THAT.
I'M PROPOSING WITH PREJUDICE THAT THEY CAN COME BACK AT ANY TIME WITH PLANS, UM, AND POTENTIALLY, UM, AND POTENTIALLY HAVE THIS APPROVED DOWN THE ROAD.
IT'S, IS THIS A SIMPLE MAJORITY OR IS IT A, A 4 0 1 REQUIREMENT ON US? SO MOTION TO DENY TAKES THREE VOTES, POSITIVE VOTES TO, UH, COPY NINE.
DO WE HAVE A, I GUESS WE HAVE A SECOND MOTION? YEP.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH ONE 14 ON APPLICATION OF BILL KINGSTON GRANT, THE TWO 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 LITTLE ENFORCEMENT OF THE PROVISION OF 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 DALLAS DEVELOPMENT CODE.
UM, WE HAD A, BEFORE I, HOLD ON, BEFORE I READ THE, UM, UH, THE PURPOSE AND INTENT, WE HAD A DISCUSSION BRIEFLY ABOUT THE SITE PLAN AND THERE WAS SOME LANGUAGE THAT MR. THOMPSON HAD PROPOSED SINCE THIS IS A FLUID SITE, UH, SITE PLAN.
UM, DO YOU RECALL WHAT THAT WAS WHEN I SAID IT WAS CONCEPTUAL CYCLING? YES.
SO IS THAT SOMETHING THAT WE SHOULD INCLUDE IN THIS LANGUAGE? SHOULD WE JUST READ IT? THE, UH, THE, DOES IT HAVE ANY LEGAL BEARING? I DON'T THINK IT HAS, NO.
UM, COMPLIANCE WITH THE TWO FOOT WESTERN SIDE YARD SETBACK MEASUREMENTS INDICATED THE MOST RECENT SUBMITTED SITE PLAN IS REQUIRED.
I FELT THAT IT WAS, UM, ESSENTIAL, UH, TO GRANT THIS, THIS MOTION, UM, IN ORDER TO PRESERVE THE NON-CONFORMING COMPONENT, UM, OF, OF THIS, OF THIS PROPERTY.
UM, I HEARD THE TESTIMONY OF THE, OF THE NEIGHBORS.
UM, I HEARD YOU ALL LOUD AND CLEAR.
UM, BUT I, THERE IS SOME PROVISIONS WITHIN THE PROPERTY THAT PROHIBIT THEM FROM DEVELOPING IT THE WAY IT'S COMMENSURATE WITH THE PROPERTY AND HISTORIC NATURE.
UM, AND THE NON-PERFORMING USE THAT IF WE DIDN'T GRANT THIS, UM, WOULD BE DETRIMENTAL, I THINK, TO, TO THE, UH, THE FULL ABILITY TO DEVELOP THIS PROPERTY.
UM, SO THAT'S WHY I, I PUT THIS MOTION FORWARD, MY POINT OF DISCUSSION.
I WOULD ALSO BE SUPPORTING THIS MOTION.
UM, HEARING FROM THE COMMUNITY, IT SEEMS LIKE THERE'S A GREAT DEAL OF CONCERN.
[03:50:01]
THEN ALSO LOOKING AT THESE EXHIBITS HERE OF THIS PROPERTY, I BELIEVE THAT THIS IS A GREAT INVESTMENT, UM, INTO THIS COMMUNITY.AND THAT HAVING THESE, UH, VARIANCES APPLIED CAN HELP WITH THAT REINVESTMENT OF THE PROPERTY.
UM, I KNOW THAT WE JUST VOTED AGAINST THE EXPANSION OF THE SQUARE FOOTAGE OR THE LOT COVERAGE, BUT, UM, AGAIN, I'M IN SUPPORT OF THIS.
THIS, UM, I MEAN THIS WAS NOT IN THE CONSERVATION DISTRICT WHEN YOU SHOWED ME THAT SITE PLAN AND THE HOUSE WAS ALREADY OUT THAT FAR.
I, I MEAN, IT, IT, IT'S THERE TODAY.
I WAS, UM, IT'S THE CONSERVATION DISTRICT THAT ADMIT ITS TAB, BUT I WILL SUPPORT THIS AND I JUST HAVE DIFFICULTY.
UH, I I I PLAN TO SUPPORT THIS.
I HAVE DIFFICULTY TELLING SOMEONE THEY CAN'T BUILD SOMETHING THAT'S SAYS WIDE AS A HOUSE SEAT, APPARENTLY MAKES US SOME MY, I'M, I'M GONNA SUPPORT THE MOTION TOO.
UM, MY ONLY COMMENT IS THIS WOULD BE A LOT EASIER FOR ME TO LOOK AT IF THE PLANS WERE SORT OF LEGIBLE.
I DON'T KNOW IF THIS IS SUBMISSION OR IF THIS IS LIKE A COPYING ISSUE, BUT LIKE I I WORK WITH ARCHITECTS ALL THE TIME.
YOU SHOULD BE ABLE TO ZOOM INTO THIS THING AND IT SHOULD BE PERFECTLY CLEAR.
UM, SO JUST FOR, FOR FUTURE MAN, IT WOULD BE GREAT IF WE COULD BLOW THESE THINGS UP.
LIKE YOU SHOULD BE ABLE TO DO IT EVEN CONCEPTUAL PLANS.
IT'S VERY DIFFICULT TO SEE WHAT'S GOING ON IN THIS PLAN.
I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH 14 ON APPLICATION OF BILL KINGSTON GRANT, THE SIX FOOT THREE INCH VARIANCE, THE SIDE YARD SETBACK REGULATIONS REQUEST 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 HARDSHIPS TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE TO THE SIX FOOT THREE INCH EASTERN SIDE YARD SETBACK MEASUREMENTS INDICATED THE MOST RECENT SUBMITTED SITE PLAN IS REQUIRED.
UM, I THINK THAT THE CONSTRAINTS IS PROPERTY WITH THIS, WITH THE SIDE SIDE YARD SETBACK.
UM, THE ONLY WAY TO, TO GRANT THIS TO ALLOW FOR, UM, TO BE COMPLIANT WITH, WITH THE REQUIREMENT FOR THE GARAGE IS, UM, WAS ESSENTIAL.
UM, I THINK THAT THE APPLICANT MADE THEIR CASE, UH, REGARDING THE NECESSITY OF PRESERVING THE HISTORIC, UM, NATURE OF THIS PROPERTY AND ALSO BEING IN COMPLIANCE TO ALLOW FOR THIS NON NONCONFORMING USE TO CONTINUE.
UM, I DO HOPE THAT, UM, THAT THE APPLICANT WILL WORK WITH THE CONSERVATION DISTRICT MOVING FORWARD AND THE NEIGHBORS TO ENSURE THAT PLANS AND A LOT MORE TRANSPARENCY HAPPENS.
BUT THE, I DIDN'T SEE ANY WAY FOR THE, FOR THE, UM, NON-CONFORMING USE TO MOVE FORWARD WITHOUT GRANTING THESE TWO VARIANCES.
MY VERY QUICK POINT ON THIS, UM, WELL SAME POINT THAT I MADE ON THE PAST VARIANCE, BUT, UM, AGAIN, JUST AIDING IN THE CONSTRUCTABILITY, UM, OF THIS PROPERTY AND THE INVESTMENT IN THE COMMUNITY VOTE.
UM, I'D LIKE TO THANK EVERYBODY FOR COMING DOWN, UM, AND EXPRESSING YOUR OPINIONS.
I'M VERY HOPEFUL THAT THIS HOUSE WILL BE A BETTER SITUATION THAN WHAT YOU HAVE TODAY.
UM, I IMPLORE THE KINGSTONS TO WORK WITH THE NEIGHBORS.
I, I, I LIVE IN A ONE STORY HOUSE.
I HAVE A TWO STORY HOUSE IN MY BACKYARD.
AND THE NEIGHBOR OR THE THE BUILDER WAS SO NICE.
I DO NOT FEEL LIKE THE, THE ROOM THAT IS THERE DOES NOT ENCROACH ON ANY OF MY PRIVACY.
HE REALLY DID A GREAT JOB OF DOING THAT.
YOU'VE GOT ONE NE TWO NEIGHBORS THAT YOU NEED TO THINK ABOUT WHEN YOU PUT THOSE WINDOWS IN.
I MEAN, IT MEAN IT, UH, BUILDERS CAN DO THAT.
AND I THINK YOU GUYS WANT TO MAINTAIN THE HISTORICAL PART OF THE BUILDING.
UM, AND I DON'T THINK YOU WILL AND I THINK IT'S, UM, I HOPE Y'ALL CAN WORK TOGETHER.
UM, I THINK I, I I DO THINK IT'S A BENEFIT FOR THE NEIGHBORHOOD OVERALL AND I'M GONNA TRUST THAT YOU GUYS ARE GONNA PUT SOMETHING IN THAT EVERYBODY IS GONNA FEEL REALLY GOOD ABOUT WHEN IT'S DONE, PLEASE.
UM, THIS MEETING IS ADJOURNED AT 5 0 6.
[03:55:05]