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[Board of Adjustments: Panel A on January 16, 2024. ]

[00:00:02]

GOOD AFTERNOON EVERYONE.

WELCOME TO THE BOARD OF ADJUSTMENT.

MY NAME IS KATHLEEN DAVIS.

I'M HONORED TO SERVE AS THE TEMPORARY CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF ITS PANEL A.

TODAY IS TUESDAY, JANUARY 16TH, 2024, WITH A TIME OF 1:00 PM ACTUALLY IT IS ONE OH THREE.

I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR A PUBLIC HEARING, BOTH IN PERSON AND THE HYBRID VIDEO CONFERENCE.

A QUORUM OF OUR PANEL MEMBERS IS PRESENT, THEREFORE, WE CAN PROCEED WITH A MEETING.

THERE'S FOUR OF US PRESENT TODAY INSTEAD OF FIVE.

AND BECAUSE OF THAT, IN ORDER TO GET SOMETHING PASSED, YOU WILL NEED SUPPORT OF FOUR MEMBERS ON THE PANEL.

TO MY LEFT, I'D LIKE TO INTRODUCE MY FELLOW, UM, VOTING MEMBERS OF RACHEL HAYDEN, JAY NER, AND MICHAEL KOVICH.

STAFF PRESENT TO MY RIGHT, MATTHEW SAPP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY.

WE'VE GOT, UH, CAMBRIA JORDAN, OUR SENIOR PLANNER, DR.

KAMIKA MILLER HOSKINS, INTERIM BOARD ADMINISTRATOR.

I GOOFED THAT UP.

SORRY ABOUT THAT.

DIANA BARKUM, DEVELOPMENT CODE SPECIALIST.

WE HAVE BRYANT THOMPSON, SENIOR PLANNER, JASON POOLE, OUR DEVELOPMENT SERVICES ADMINISTRATOR WILL, UH, JUST WALKED INTO THE ROOM AND WE HAVE MR. PHIL IRWIN R ARBORIST, AND WE ALSO HAVE OUR BOARD SECRETARY MARY WILLIAMS. BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.

MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.

WE GIVE OUR TIME FREELY RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.

WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.

NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.

EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE ILLEGAL USE.

WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS AGO ACCORDING TO THE PUBLIC HEARING.

ANY EVIDENCE YOU WISH TO SUB SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD'S SECRETARY WHEN YOUR CASE IS CALLED.

THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.

APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER BOARD PANEL.

SO AGAIN, ALL FOUR OF THE MEMBERS HERE PRESENT TODAY DO NEED TO APPROVE.

UM, DO NEED TO APPROVE AN ITEM IN ORDER TO HAVE THAT BE PASSED.

ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.

EACH RES 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.

NO TELECONFERENCING WILL BE ALLOWED VIA WE WEBEX AND ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.

WE ARE GOING TO BEGIN WITH OUR FIRST CASE, BDA 2 1 2 0 7 8, WHICH IS A HOLDOVER.

MARY, DO WE, OH, I'M SORRY.

BEFORE WE GO THERE, DO WE HAVE ANY, UM, ANYONE, UH, SIGNED UP FOR PUBLIC TESTIMONY? NO SIGNUP SPEAKERS.

OKAY, THANK YOU.

SO OUR FIRST CASE, BDA TWO 12 DASH 0 78 IS A HOLDOVER.

MARY, DO WE HAVE ANYONE SPEAKING IN FAVOR OR AGAINST THIS CASE? MS. RA BUCKLEY.

OKAY.

AND SHE'S THE APPLICANT? CORRECT.

OKAY, TERRIFIC.

AND IF YOU COULD STATE YOUR NAME, ADDRESS, UH, MARY, DO THEY NEED TO STATE ANYTHING ELSE IN ORDER TO BE SWORN IN? JUST NAME AND ADDRESS.

OKAY.

I'LL TURN OVER TO YOU.

DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.

I DO.

I DO.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

AUDRA BUCKLEY.

1414 BELLEVUE STREET, SUITE ONE 50, DALLAS, TEXAS 7 5 2 1 5.

WELL, I LISTENED TO THE BRIEFING THIS MORNING.

UH, IF WE WOULD, COULD WE JUST GO AHEAD AND GO TO SLIDE NUMBER FOUR, PLEASE? THIS IS, UH, A KIND OF A PLAN REVIEW OF WHAT IS THERE CURRENTLY.

YOU'LL SEE THAT WE HAVE, UH, A DRIVEWAY RIGHT UP THERE AT THE INTERSECTION.

THAT IS SOMETHING THAT WE'RE GOING TO BE CLOSING AS WE REMODEL THIS EXISTING STRUCTURE.

WE ARE ADDING A DRIVE-THROUGH RESTAURANT TO THE STRUCTURE, AND THAT GRASSY AREA OVER THERE TO THE WEST IS GOING TO BE THE PARKING LOT.

SO IF YOU GO TO THE NEXT SLIDE.

SO THESE ARE SOME OF THE THINGS THAT WE'RE PROPOSING FOR OUR LANDSCAPING.

UH, CLOSING OFF THAT INGRESS EGRESS POINT IS GONNA BE A BIG DEAL FOR THIS SITE.

UH, I THINK IT'S GONNA HELP A LOT WITH, ESPECIALLY

[00:05:01]

WITH PEDESTRIAN ACCESS.

THE, WE'RE ALSO GONNA BE PROVIDING SOME SCREENING ALONG THE FREEWAY ALONG WITH THREE LARGE TREES AND SOME SHRUBS, WHICH IS A MAJOR IMPROVEMENT OF THE CURRENT CONDITION.

UH, WE'LL BE PROVIDING SOME LANDSCAPE BETWEEN THE SUBJECT SITE AND THE PROPERTY TO THE WEST.

AND THEN WE'LL BE IMPROVING LANDSCAPE CONDITIONS ALONG WINSLOW.

AND THE, I HEARD THE, THE COMMENT THIS MORNING, WAS IT ECONOMIC THAT WE WEREN'T PROVIDING MORE TREES? WE DO HAVE SOME UNDERGROUND UTILITIES AND SOME OVERHEAD UTILITIES AS WELL AS, UH, YOU KNOW, TRYING TO STEER CLEAR UP THERE ON THE CORNER OF WINSLOW AND RL THORNTON WITH THE TRAFFIC SIGNAL.

SO CAN WE GO TO THE NEXT SLIDE? AND SO WITH ALL THOSE IMPROVEMENTS, THIS IS WHAT IT WOULD LOOK LIKE.

UH, THERE'S, WE'RE GONNA BE REPLACING ALL OF THAT SIDEWALK ALONG ERL THORNTON AND PROVIDING SIDEWALK AND ALSO EXTENDING THAT CURVE DOWN ON WINSLOW TO CREATE A LITTLE BIT MORE LANDSCAPE SPACE.

WE COULD NOT MEET THE BUFFER IN THE REAR, UH, WHICH FOR US, UH, DIDN'T REALLY MAKE A LOT OF SENSE TO HAVE A BIG LANDSCAPE BUFFER THERE ANYWAY, BECAUSE IF, IF YOU SAW THE SLIDES THIS MORNING, THE ALLEY BEHIND US, ALL THE RESIDENCES HAVE FENCES AND THAT WE ALSO HAVE A FENCE, BUT WE'RE GONNA PUT IN A NICE NEW FENCE.

IT'S GONNA BE SIX FEET ON THE FENCE WITH MASONRY COLUMNS THAT ARE EIGHT FOOT TALL.

SO WE THINK THIS IS A, A MUCH IMPROVED, UH, APPLICATION OVER WHAT WAS ORIGINALLY SUBMITTED.

UH, WHEN WE ORIGINALLY CAME TO YOU, WE HAD VARIANCE REQUESTS FOR SIDE YARD THAT'S GONE.

UH, WE ALSO HAD A VARIANCE REQUEST FOR PARKING.

WE GOT THAT DOWN FROM 41 TO 16%, WHICH IS, WELL, ROUGHLY 16%, WHICH IS GOOD.

SO WITH THAT, UM, IF YOU HAVE SOME QUESTIONS FOR ME ABOUT THIS, THAT WOULD BE GREAT.

TERRIFIC.

THANK YOU SO MUCH.

QUESTIONS FROM THE PANEL? I THINK THERE WAS SOME, UH, CONFUSION ABOUT WHETHER OR NOT THIS WOULD HAVE A DRIVE THROUGH, UM, FOR THE TACO CASA? YES.

OKAY.

IT DOES.

AND AND WAS THAT CONSIDERED IN THE APPLICATION IN THE NUMBER OF PARKING SPACES? YES.

OKAY.

YES, IT WAS.

THANK YOU.

OTHER QUESTIONS FROM THE PANEL? THERE ARE, UM, IN DIFFERENT PLACES IN THE DOCUMENTATION AS REFERENCE TO A VARIANCE OF FOUR, BUT ELSEWHERE IT'S TALKING ABOUT SIX.

YES.

UM, SO COULD YOU MAYBE EXPLAIN HOW YOU ARE COUNTING YOUR PARKING SPOTS? YES.

THE TRAFFIC ASSESSMENT CALLS IT OUT IS 20 AND 26 BECAUSE THEY'RE LOOKING AT PHYSICAL PASSENGER CAR SPACES BECAUSE THERE'S NO TRIP COUNT FOR BICYCLES.

SO THEY JUST LOOKED AT THE 20 PHYSICAL VEHICLE PARKING SPACES VERSUS 26 REQUIRED.

WE DO HAVE THE TWO BIKE RACKS.

SO THE BUILDING OFFICIAL REPORT IS CORRECT WHEN IT SAYS A SPECIAL EXCEPTION OF FOUR SPACES, BUT WHEN YOU LOOK AT THE TRAFFIC ASSESSMENT, IT'S LOOKING AT PHYSICAL PASSENGER CARS.

SO DOES THAT HELP? AND YOU'RE ALSO, YOU'RE COUNTING SPOTS WHERE CARS ARE IN THE DRIVE-THROUGH LANE AS PARKING SPOTS AS WELL.

WELL, IT'S, IT'S NOT REALLY COUNTED AS PARKING.

IT'S JUST SHOWING WHERE, 'CAUSE THIS IS A DRIVE THROUGH ONLY.

SO YOU KNOW, THAT'S, THAT'S WHERE PEOPLE ARE GONNA BE QUEUING UP.

YOU CAN EITHER DRIVE THROUGH THE DRIVE THROUGH OR YOU CAN PARK OVER THERE AND DO A CARRYOUT.

SO IT'S, IT'S A CONVENIENT STORE WITH THE DRIVE THROUGH.

OTHER QUESTIONS? DO I HAVE SOMEONE READY TO MAKE A MOTION? I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 1 2 DASH OH SEVEN EIGHT ON APPLICATION OF AUDRA BUCKLEY.

GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 22 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 26 OFF, SORRY, 22 REQUIRES 26 OFF STREET PARKING PLACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.

AND THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES.

THIS SPECIAL EXCEPTION IS GRANTED FOR THE MOTOR VEHICLE FUELING STATION AND RESTAURANT WITH DRIVE IN OR DRIVE THROUGH SERVICE USE AND A GENERAL MERCHANDISE OR FOOD STORE USE.

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

THE SPECIAL EXCEPTION OF FOUR SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE MOTOR VEHICLE FUELING STATION AND RESTAURANT WOULD DRIVE IN OR DRIVE THROUGH SERVICE USE.

AND A GENERAL MERCHANDISE OR A FOOD STORE USE IS CHANGED OR DISCONTINUED.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

THANK YOU.

DO I HAVE A SECOND?

[00:10:02]

I'LL SECOND.

THANK YOU.

DISCUSSION, MICHAEL.

I'LL LET YOU GO FIRST.

UM, IT SEEMS LIKE WITH A DRIVE-THROUGH A DRIVE-THROUGH ONLY OR WALK-UP RESTAURANT, THAT THERE, UH, WILL NOT BE AS MUCH NEED FOR PARKING AS THE RETAIL USE REGULATIONS MIGHT REQUIRE.

UM, IN ADDITION, IT'S EXPECTED AND REASONABLY SO THAT THERE WILL BE PEOPLE COMING FROM THEIR CARS PARKED IN THE FUELING STATION TO PICK UP FOOD AS WELL.

AND SO COUNTING THOSE PARKING SPACES SEEMS TO BE REASONABLE TO ME.

THANK YOU MS. HAYDEN.

I CONCUR WITH WHAT MICHAEL JUST SAID.

ANY OTHER DISCUSSION, MADAM? SECRETARY? I THINK WE CAN CALL FOR A VOTE.

MR. NARY.

AYE.

MS. DAVIS? AYE.

MS. HAYDEN? AYE.

MS. HOVIS AYE.

MOTION PASSES FOUR TO ZERO.

THANK YOU.

LET'S MOVE, LET'S MOVE ON TO OUR SECOND MOTION.

I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 12 0 78 ON APPLICATION OF A BUCKLEY GRANT, THE REQUEST OF THIS APPLICANT FOR A SPECIAL EXCEPTION TO THE LANDSCAPE REQUIREMENTS CONTAINED IN ARTICLE 10 OF THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT ONE, STRICT COMPLIANCE WITH REQUIREMENTS OF THIS ARTICLE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.

TWO, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.

AND THREE, THE REQUIREMENTS ARE NOT IMPOSED BY A SITE-SPECIFIC LANDSCAPE PLAN APPROVED BY THE CITY PLAN COMMISSION OR CITY COUNCIL.

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED.

THANK YOU.

DO WE HAVE A SECOND? I'LL SECOND DISCUSS.

NO COMMENT.

NO FURTHER.

MS. HAYDEN? I I BELIEVE THAT THE, UM, THE INTENT OF THE LANDSCAPE REQUIREMENTS ARE MET, UH, BY CLOSING OFF THAT ADDITIONAL DRIVEWAY AND LANDSCAPING THAT AREA AND ALSO WITH THE CONSTRAINT OF THE UNDERGROUND UTILITIES AND THE TRAFFIC SIGNAL AREA TO, TO STAY OUT OF THAT AREA.

ANY FURTHER DISCUSSION? CALL FOR THE VOTE, PLEASE.

MR. N AYE.

MS. HAYDEN? AYE.

MR. OVITZ AYE.

MS. DAVIS, AYE.

MOTION PASSES FOUR TO ONE, I MEAN FOUR TO ZERO.

SORRY.

THANK YOU VERY MUCH FOR YOUR TIME.

IN THE CASE OF BDA DASH, OR SORRY, BD 202 DASH 0 78, THAT M MOTION PASSES UNANIMOUSLY.

WE'RE GOING TO GO TO OUR SECOND HOLDOVER CASE, BDA 2 23 DASH NINE SEVEN.

I UNDERSTAND THAT THE APPLICANT DID MAKE A REQUEST TO HOLD THIS OVER UNTIL NEXT MONTH.

SO I'M GOING TO, OKAY.

IS THE APPLICANT PRESENT FOR THIS, FOR THIS CASE? BDA 2 23 DASH 0 9 7.

DO I HAVE A MOTION TO HOLD THIS OVER UNTIL OUR NEXT MEETING FROM THE PANEL? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH 0 9 7 HOLD THIS MATTER UNDER ADVISEMENT UNTIL FEBRUARY.

DO DO YOU KNOW THE DATE? WE'LL GET THAT NEXT MEETING.

JUST ONE SECOND.

NINTH FEBRUARY 20TH.

OKAY.

TO HOLD THIS MATTER UNDER ADVISEMENT UNTIL FEBRUARY 20TH, 2024.

THANK YOU MS. HAYDEN.

DO I HAVE A SECOND? SECOND.

ANY DISCUSSION? CALL FOR A VOTE PLEASE.

MS. HAYDEN.

AYE.

I, MR. HAVIS? AYE.

MR. NARY? AYE.

MS. DAVIS? AYE.

MOTION PASSES.

[00:15:01]

FOUR TO ZERO.

THANK YOU.

SO, BDA CASE NUMBER 2 2 3 DASH 0 9 7 WILL BE HELD OVER UNTIL FEBRUARY 20TH.

THOSE WERE TWO HOLDOVER CASES.

WE'RE GOING TO START WITH OUR INDIVIDUAL CASES START UP HERE.

ALRIGHT, EVERYONE, WE'RE STARTING UP HERE WITH THE INDIVIDUAL CASES.

SORRY IF I GOOFED YOU UP.

ALRIGHT, LET'S GO TO CASE BDA 2 3 4 DASH 0 0 5 4 7 0 1 SOUTH DENLEY DRIVE BOARD SECRETARY.

DO WE HAVE ANYBODY SPEAKING IN EITHER A, A PRO OR AN OPPOSITION OF THIS CASE? UM, MR. ERIC BONILLA.

OKAY.

THE, THE, THIS IS THE APPLICANT, CORRECT? YES.

BUT WE DON'T HAVE ANYBODY SPEAKING, UH, TO HER IN, IN FAVOR OR OPPOSING THIS CASE.

NOBODY ELSE REGISTER.

OKAY.

THANK YOU APPLICANT.

YOU'VE GOT FIVE MINUTES TO PRESENT.

FLOOR IS YOURS.

WELL, THIS IS EVERYONE HERE.

THE REASON I'M HERE.

SORRY WE DIDN'T, SORRY WE DID NOT SWEAR YOU IN BOARD.

SECRETARY, I'LL LET YOU GO FIRST AND THEN, SORRY ABOUT THAT.

SORRY.

OKAY.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.

I DO.

I DO.

OKAY.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

ERIC BONILLA, 47 0 1 DANLEY DRIVE, DALLAS, TEXAS 7 5 2 1 6.

I IF YOU COULD JUST SPEAK CLOSE TO THE MICROPHONE SO WE CAN HEAR YOU.

THANK YOU.

THANK YOU.

YEAH.

WELL, THE REASON I'M HERE IT IS BECAUSE I JUST GET THE PROPERTY AND I JUST WOULD LIKE TO MAKE ADDITION TO THE BACK OF THE YARD AND THAT'S IT.

AND I JUST WOULD LIKE TO SEE IF I CAN GET UP THROUGH OR ALL RIGHT.

QUESTIONS FROM THE PANEL FOR THE APPLICANT.

IS THERE, UM, IS, AS I UNDERSTAND IT FROM THE INFORMATION WE REVIEWED YOUR BUILDING CLOSER TO THE STREET, UM, ON A FAIRLY DEEP LOT.

I'M JUST WONDERING WHY YOU'RE NOT BUILDING BACK INTO THE LOT.

UH, WELL THE REASON IS BECAUSE, UH, I THINK THE LOT, THAT'S A CORNER LOADER LOT AND, UH, THAT IS ALREADY BUILT A HOUSE IN THERE.

I JUST WANT TO MAKE ADDITION, CONTINUE WITH THE LIGHT, WITH THE LINE, UH, OR THE OLD PROPERTY OR THE OLD HOUSE.

SO, SO OUR UNDERSTANDING IS YOU'RE NOT TEARING DOWN THE EXISTING, YOU'RE EXPANDING, YOU'RE ADDING ADDING ONTO IT.

THAT'S CORRECT.

OKAY.

THANK YOU.

OTHER QUESTIONS FROM THE PANEL? ANY FURTHER QUESTIONS FROM THE PANEL? IF NOT, ARE WE READY FOR A MOTION? MR. MARY? OKAY.

THANK YOU MADAM CHAIRMAN.

UM, YES, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 0 0 5 ON APPLICATION OF ERIC BONILLA GRANT, THE 17 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.

BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

THAT COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.

THANK YOU.

DO WE HAVE A SECOND? I'LL SECOND.

THANK YOU.

DISCUSSION, MR. N? YEAH, NORMALLY, UM, I WOULD BE INCLINED TO DENY THIS BECAUSE IT'S, IT IS A CONSIDERABLE VARIANCE, BUT SEEING AS THAT THERE'S NO OPPOSITION, UM, TO THIS FROM THE SURROUNDING NEIGHBORS OR PROPERTY OWNERS, UM, I DON'T HAVE A PROBLEM WITH IT, SO THAT'S WHY I'M SUPPORTING IT.

MS. HAYDEN? YEAH, I MEAN, THE

[00:20:01]

17 FOOT VARIANCE ON THE SURFACE LOOKS EXTREME, BUT WHEN YOU CONSIDER THE TWO FRONT YARD SITUATION, THEN IT, IT MAKES SENSE.

ANY DISCUSSION? CALL FOR VOTE.

OKAY.

MR. N AYE.

MR. HOP? AYE.

MS. HAYDEN? AYE.

MS. DAVIS? AYE.

MOTION PASSES.

FOUR TO ZERO.

EXCELLENT.

IN THE CASE OF BDA 2 3 4 DASH 0 0 5, THAT MOTION PASSES YOU HAVE, UH, YOU FULFILLED YOUR REQUEST.

AND THANK YOU VERY MUCH FOR YOUR TIME TODAY.

THANK YOU.

OUR NEXT CASE IS BDA 2 3 4 DASH 8 54 33 EAST GRAND AVENUE.

MADAM SECRETARY, DO WE HAVE ANYBODY SPEAKING IN OPPOSITION OR FOR THIS CASE? WE HAVE THE APPLICANT, UM, UH, FOR SUPPORT AND WE HAVE SOMEBODY ONLINE AND FOR OPPOSITION IF MR. SEAN RAFFORD CAN PLEASE LET ME KNOW THAT HE'S ONLINE.

UM, OKAY, THAT'S FINE.

WE'LL GIVE, UM, THE APPLICANT WILL HAVE FIVE MINUTES.

WE'LL GIVE THREE MINUTES TO THE PERSON IN OPPOSITION.

OPPOSITION.

AND IF YOU COULD PLEASE SWEAR IN MR. BALDWIN, DO YOU SWEAR OR AFFIRM THE TRUTH TO TAKE IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

UH, ROBERT BALDWIN.

3 9 0 4 ELM STREET, SUITE B IN DALLAS, UH, JASON, OR WHO'S EVER RUNNING MACHINE.

COULD YOU PLEASE PUT MY PO UH, PRE PRESENTATION UP? WE'LL GET THAT UP IN A SECOND.

YOU'LL HAVE FIVE MINUTES.

OKAY.

AND I, HAVE Y'ALL SEEN THIS BEFORE? IT WAS, I SUBMITTED IT WITH MY MATERIAL, SO I I WON'T SPEND A WHOLE LOT OF TIME ON IT.

UH, BUT, UH, SO THE, THE PROJECT IS ON EAST GRAND AT, UH, 54 33 EAST GRAND.

AND IF YOU LOOK, COULD YOU GO TO SLIDE THREE PLEASE? SO THIS, THE AREA IS SHADED IN GREEN IS THE BUILDING LONG, NARROW, BUILT IN TWENTIES.

AND YOU CAN SEE THERE IT GOES ALL THE WAY ALMOST TO THE BACK OF THE LOT.

SO THERE IS NO PARKING AVAILABLE IN THE BACK OF THE, THE, THE PROPERTY AT ALL.

ALL THE PARKING IS, UH, IN THE FRONT.

NEXT SLIDE PLEASE.

AND THE, THIS IS THE SITE PLAN THAT SHOWS THE, THE BUILDING ORIENTATION AND HOW MUCH THE LOT NEXT DOOR HAS PARKING.

BUT WE WE'RE NOT LUCKY ENOUGH TO HAVE ANY BEHIND US.

UH, NEXT SLIDE PLEASE.

SO THIS AREA, THIS IS A, BELIEVE IT OR NOT, A STREETCAR MAP FROM THE 1920S THAT SHOWS THAT WHEN THIS AREA WAS DEVELOPED, WE WERE ON TWO STREET CAR LINES AND THAT'S, IT WAS NOT COMMON BACK THEN TO HAVE PARKING.

SO, UM, THE ONLY PARKING FOR THIS IS RIGHT OUT IN FRONT, BUT EVERYBODY SHARES THE, THE, THE SAME PARKING ON THE STREET AND IT'S WORKED WELL, UH, SINCE THE TWENTIES.

THE PROBLEM WAS, UH, THE CITY OF DALLAS, WHEN YOU DON'T HAVE, WHEN THE BUILDER IS BUILT BEFORE THE PARKING REGULATIONS, YOU HAVE WHAT THEY CALL DELTA CREDITS.

AND DELTA CREDITS GIVE YOU CREDIT FOR PARKING SPACES THAT WERE NEVER BUILT BUT SHOULD HAVE BEEN BUILT WITH.

THE BUILDING WOULD'VE BEEN BUILT AFTER THE PARKING, UH, REGULATIONS CAME IN PLACE.

IN THIS CASE, WE ORIGINALLY BUILT AS RETAIL, UH, BUT AT SOME TIME IN THE SEVENTIES OR EIGHTIES, UH, AN OFFICE USE WENT IN THERE.

SO WE LOST THE DELTA CREDITS.

THE, THE DIFFERENCE BETWEEN THE RETAIL AND THE, THE OFFICE CREDITS WE'RE ASKING IT TO GO BACK TO ALLOW US TO REOCCUPY THIS WITH AN, UH, A RETAIL OR A PERSONAL SERVICE USE, WHICH PARKS AT ONE TO 200 SQUARE FEET VERSUS ONE TO 333 FEET FOR AN OFFICE.

UH, NEXT SLIDE PLEASE.

UH, THIS IS A STREET, I DUNNO IF YOU'VE BEEN DOWN THERE.

IT'S A VERY ACTIVE AND ROBUST STREET.

UH, A LOT OF PEDESTRIANS, UH, A LOT OF PEOPLE FROM THE NEIGHBORHOOD COME RIGHT AROUND HERE.

UH, AND IT'S A MIXTURE OF RESTAURANTS, OFFICES, UH, RETAIL, PERSONAL SERVICE.

NEXT SLIDE, PLEASE.

UH, THIS IS AGAIN LOOKING AT, UH, AT OUR BLOCK.

NEXT SLIDE PLEASE.

THIS IS OUR BUILDING.

IT'S NOT THE DENTAL CLINIC, IT'S NOT THE BUILDING NEXT TO THE DENTAL CLINIC.

IT'S THE, THE, THE GRAY BUILDING.

IT'S RECENTLY BEEN RENOVATED.

UH, IT'S BEEN, UH, UP FOR LEASE FOR ABOUT A YEAR AND WE CAN'T GET ANYBODY INTERESTED IN THE OFFICE SPACE.

AND SO WE'RE TRYING TO PIVOT TO, TO MAKE SURE IT CAN, CAN BE OCCUPIED.

IF YOU LOOK CLOSELY, YOU'LL SEE A, A FOR LEASE SIGNED IN THE WINDOW THERE.

IT'S A, I THINK THEY DID A REALLY GOOD JOB OF BRINGING IT, UH, RE RENOVATING IT, MAKING IT ONE OF THE NICEST BUILDINGS ON THE

[00:25:01]

PROPERTY ON THE BLOCK.

BUT WE STILL CAN'T LEASE IT JUST BECAUSE THERE'S A, UH, NO ONE'S LEASING SMALL OFFICE SPACES AT THIS POINT.

SO WE'RE, UH, NEXT SLIDE PLEASE.

IF I CAN ASK A QUICK QUESTION.

SO DO YOU HAVE A CLIENT FOR THAT SPACE? NOT YET.

UH, WE, WE, BECAUSE WE CAN ONLY OFF, UH, WE CAN ONLY MARKET IT AS OFFICE RIGHT NOW.

SO IF, IF WE, IF SHOULD THIS BE APPROVED, THEN WE CAN SAY NOT ONLY OFFICE, BUT WE CAN ALSO GET A NAIL SALON IN THERE OR RETAIL FACILITY IN THERE.

I DON'T THINK WE NEED ANOTHER DENTIST.

THERE'S ONE ON EITHER SIDE OF US, BUT, UH, ANYTHING THAT PARKS AT ONE TO 200, WE'RE NOT ASKING FOR PERMISSION TO, TO PUT A RESTAURANT IN THERE.

'CAUSE THAT PARKS AT ONE TO 100, THAT WOULD'VE BEEN JUST A, A BIT TOO MUCH OF A BITE.

BUT WE DO WANNA BE ABLE TO RE RETEN IT WITH A, A RETAILER OR PERSONAL SERVICE USE.

OKAY.

AND THE, THE SPACES IN FRONT OF ALL OF THOSE OFFICES, THEY'RE JUST SHARED, THEY'RE NOT LABELED SPECIFIC TO EACH BUSINESS THERE? THAT'S CORRECT.

OKAY.

AND BELIEVE IT OR NOT, IN DALLAS, YOU'RE NOT LEGALLY ALLOWED TO RESERVE SPACES EXCEPT FOR LOVE FIELD.

YEAH, CORRECT.

UM, EVERYTHING THAT'S ON THE STREET IS OPEN TO ANYBODY.

MM-HMM.

.

BUT PEOPLE PUT SIGNS UP THERE.

OKAY.

I SHOWED THIS.

THIS IS A, A VERY SCARY ENTRANCE OR EXIT, UH, TO THE ALLEY RIGHT BEHIND OUR BUILDING.

SO EVEN IF THERE WERE PARKING SPACES BACK THERE, UH, IT'S A ONE-WAY ALLEY COMING OUT AND IT BRINGS YOU OUT HERE AND YOU CAN SEE THAT THERE'S NO VISIBILITY ONCE YOU GET TO THE STREET.

SO, UM, SO THAT, THAT'S IT.

UH, I WANTED TO CONFIRM THE BUILDING THAT WE'RE ASKING FOR, CONFIRM OUR REQUEST.

AND I HOPE YOU CAN SUPPORT IT.

AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU.

THANK YOU.

QUESTIONS FROM THE PANEL FOR THE APPLICANT.

IS THERE, IS THERE ANYTHING, UM, WHAT EXACTLY IS, UH, KEEPS IT FROM BECOMING A RESTAURANT IF YOU WERE TO MARKET IT THAT WAY? UH, YOU PARK, RESTAURANTS, PARK AT ONE SPACE PER 100 SQUARE FEET.

AND, UH, WE'RE, WE'RE NOT ASKING FOR ENOUGH.

WE'RE, THIS WAS NEVER RESTAURANT, SO WE NEVER HAD DELTA CREDITS FOR THAT.

SO WE'RE NOT ASKING FOR REINSTATEMENT OF MORE THAN WE EVER HAD IN, IN THE PAST.

OTHER QUESTIONS FROM THE PANEL? SO, SO JUST TO BE CLEAR, THEY, THEY, WHAT HAPPENS IF THEY WOULD LEASE THIS SPACE AND SOMEBODY WOULD COME IN AND, AND START A RESTAURANT? WHAT, WHAT HAPPENS AT THEY WOULD AT BUILDING THE CITY LEVEL, THEY WOULD NEVER BUILDING, GET A BUILDING PERMIT FOR THAT 'CAUSE THEY COULDN'T PARK IT.

GOT IT.

OKAY.

ALL RIGHT.

DO I HAVE A VOLUNTEER TO MAKE A MOTION? UM, YES.

I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 0 8 ON APPLICATION OF BALDWIN ASSOCIATES.

GRANT THE FIVE SPACE VARIANCE TO THE PARKING.

SO, SORRY.

OH, OH, WE DO HAVE AN OPPOSITION SPEAKER.

I'M SO SORRY.

DID THAT, DID HE EVER COME BACK ONLINE? NO, NO, NO.

OKAY.

ALRIGHT, THEN WE CAN PROCEED.

SORRY ABOUT THAT.

OKAY.

, SO, NO, NO PROBLEM.

UM, I'LL START OVER.

I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 2 3 4 DASH ZERO EIGHT ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE FIVE SPACE VARIANCE TO THE PARKING REGULATIONS REQUESTED BY THIS APPLICANT.

BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

THANK YOU.

DO WE HAVE A SECOND, SECOND DISCUSSION? UM, SO ONE OF THE CRITERIA WE LOOK AT IS THAT IT'S NOT CONTRARY TO PUBLIC INTEREST.

I DID NOT HEAR ANY, UH, LETTERS IN OPPOSITION OR TESTIMONY THAT WAS IN OPPOSITION.

ALSO, THIS SITE IS VERY RESTRICTIVE.

UM, IT'S, IT'S VERY NARROW.

IT'S BOUND BY AN ALLEY ON THE BACK, TWO BUILDINGS ON EITHER SIDE AND A STREET AND VERY, UH, AND STREET PARKING ON THE OTHER SIDE.

UM, SO IT IS NOT A SELF-CREATED HARDSHIP.

MR. MARY, I BASICALLY CONCUR, UM, WITH EVERYTHING.

I THINK MR. BALDWIN DID AN, UH, EXCELLENT JOB IN EXPLAINING, UH, THE REASON FOR THIS REQUEST.

AND, UM, AND SO THAT'S WHY I'M SUPPORTING IT ANY FURTHER DISCUSSION.

I'LL JUST SAY THAT, THAT I THINK THE PEOPLE MOST LIKELY TO HAVE A PROBLEM WITH THIS WOULD BE THE ADJACENT BUSINESSES AND THEY'RE NOT HERE TO VOICE OPPOSITION.

SO THERE'S SEE NO REASON NOT TO APPROVE IT.

THANK YOU.

AND, AND I AGREE, I'M, I WILL SUPPORT THIS MOTION.

UH, I APPRECIATE THE PRESENTATION AND THE CLARIFICATION AND OUR APOLOGIES FOR GETTING THAT MIXED UP AS WE WENT THROUGH THE STAFF BRIEFING.

BUT, UM, VERY, UM, EXCITED ABOUT THE POSSIBILITY OF YOU BEING ABLE TO LEASE THIS SPACE BECAUSE WE WANNA BRING AS MANY BUSINESSES INTO THIS AREA AS POSSIBLE.

CALL FOR A VOTE, PLEASE.

[00:30:01]

MR. N AYE.

MR. HOP? AYE.

MS. HAYDEN? AYE.

MS. DAVIS? AYE.

MOTION PASSES FOUR TO ZERO.

THANK YOU VERY MUCH.

THANK YOU.

IN THE CASE OF BDA 2 3 4 DASH 0 0 8, MOTION PASSES FOR 54 33 EAST GRAND AVENUE, SUITE B, LET'S GO ON TO OUR NEXT CASE, WHICH IS BDA 2 3 4 DASH 0 0 9.

I UNDERSTAND THAT THERE IS A REQUEST FROM THE APPLICANT TO WITHDRAW AHEAD, OKAY? OKAY.

OKAY.

YOU'RE THE APPLICANT? YES, MA'AM.

UM, MADAM SECRETARY, CAN WE SWEAR IN THE APPLICANT PLEASE? DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

PLEASE STATE YOUR NAME AND ADDRESS.

DE ONE SESSION 9 0 9 SOUTH CORINTH STREET ROAD, DALLAS, TEXAS 7 5 2 0 3.

YOU'VE GOT FIVE MINUTES.

THANK YOU.

GOOD EVENING EVERYONE.

HOW EVERYBODY'S DOING? I, I'M SORRY.

I'M SORRY TO INTERRUPT YOU.

COULD YOU SPEAK JUST A LITTLE BIT? IT DIDN'T HOW EVERYBODY'S DOING? THANKS.

THANK YOU SO MUCH.

UNFORTUNATELY, I HAVE TO, UH, REQUEST A WITHDRAW OF APPLICATION PLEASE.

UM, DUE TO UNFORESEEN ISSUES THAT KEEP ARISING TRYING TO GET PERMITS DONE FOR THIS LOCATION, I'D LIKE TO PULL THE APPLICATION.

I RECEIVED THE EMAIL GENERATED EIGHT REQUESTING THAT I UPDATE TAX CERTIFICATES OR SHOWING A ZERO BALANCE OF TAXES PRIOR TO THIS HEARING.

AND THAT KIND OF PUT ME IN A POSITION OF TELLING SOMEONE THAT NORMALLY PAY THEIR TAXES ON THE 31ST OF JANUARY EVERY YEAR.

HEY, YOU NEED TO PAY YOUR TAXES.

AND THAT KIND OF PUT ME IN AN AWKWARD POSITION.

SO THEREFORE I'D LIKE TO WITHDRAW MY APPLICATION.

DO WE HAVE ANYONE SPEAKING IN OPPOSITION? NO, THE SPEAKERS.

UM, DO WE HAVE MOTION FIRST? ANY QUESTIONS FROM THE PANEL? IS THERE, UH, ANY PARTICULAR REASON YOU'RE WITHDRAWING INSTEAD OF ASKING FOR A A LATER TIME? WELL, IS JUST SO MUCH.

I'VE BEEN DEALING WITH THIS SINCE AUGUST OF 2023, TRYING TO GET EVERYTHING SUBMITTED, GET EVERYTHING DONE FOR A HOT DOG STAND FOR THE COMMUNITY.

AND IT'S LIKE I KEEP RUNNING TO ISSUES EVERY SINGLE TIME, YOU KNOW, SO I JUST LIKE TO WITHDRAW.

THAT'S PRETTY MUCH I HAVE TO WITHDRAW.

UM, I'VE SEEN, I'VE JUST LISTENED TO OTHER PEOPLE JUST TALK AND SPEAK TODAY.

I'M JUST OVER THERE THINKING MAYBE I COULD JUST WAIT UNTIL AFTER THE 31ST OF JANUARY, JUST ASK FOR A, UM, A LATER DATE MAYBE TO FEBRUARY, PUSHES IT BACK TO FEBRUARY.

UM, BUT HONESTLY IT'S, IT'S REALLY UP TO, TO THE PANEL IF I CAN PUSH IT BACK.

UH, THEREFORE I CAN JUST GO AHEAD AND DO, JUST DO A WITHDRAW.

UH, JUST SO THE PANEL'S AWARE.

UM, THE APPLICANT HAS REQUESTED WITHDRAWAL, BUT HE'S OKAY WITH A HOLDOVER.

SO IT'S UP TO THE PANEL.

YOU GUYS WEREN'T PROPERLY BRIEFED ON THIS CASE.

SO IF YOU GUYS WANNA BE PROPERLY BRIEFED, WE COULD DO THAT OR YOU COULD HOLD IT OVER OR YOU COULD DENY IT WITHOUT PREJUDICE OR YOU COULD DENY IT WITH PREJUDICE.

IF YOU MAKE NO MOTION AT ALL AND WE JUST GO ON ABOUT OUR BUSINESS, UM, THAT WOULD BE CONSIDERED A DENIAL WITH PREJUDICE.

SO IF WE, IF WE DENY WITHOUT PREJUDICE, HE CAN COME BACK AT ANY TIME AND PRESENT THE CASE.

CORRECT.

OKAY.

UM, YES.

I JUST HAVE A QUESTION FOR THE APPLICANT.

WOULD WOULD, UH, US HOLDING THIS CASE OVER UNTIL OUR FEBRUARY MEETING, WOULD THAT BE BENEFICIAL TO YOU? WOULD YOU BE READY AT THAT TIME OR, WELL, THE TAXES SHOULD BE PAID JANUARY 31ST OF THIS YEAR.

UH, THAT'S THE ONLY THING I BELIEVE WAS HOLDING THIS WHOLE ORDEAL UP FROM WHAT I WAS STATED FROM MS. BURMAN SAID I NEED TO UPDATE TAX CERTIFICATE SHOWING A ZERO BALANCE.

OKAY.

I, AND THE REASON I ASK IS, YOU KNOW, I JUST DON'T WANNA HAVE TO PUT YOU IN A POSITION WHERE YOU HAVE TO PAY ANOTHER FILING FEE.

CORRECT.

LATER DOWN THE LINE.

CORRECT.

IF WE CAN HOLD THIS OVER UNTIL FEBRUARY FOR YOU.

WELL, HERE, HERE'S ANOTHER DEAL.

UM, THURSDAY I SUBMITTED A REQUEST TO WITHDRAW MY APPLICATION FOR A REFUND AND ALSO I SENT IT OVER FOR THE PERMIT DEPARTMENT AND THE BUILDING, YOU KNOW, THE BUILDING AND THE CEO DEPARTMENT.

I HAVE NOT GOT A RESPONSE BACK FROM THEM AS OF YET.

ONCE I LEAVE THIS MEETING HERE, I'M GOING DIRECTLY OVER THERE TO THE OFF JEFFERSON TO SPEAK WITH THAT.

UH, I THINK IT'S WILLIS, MR. WILLIS, UH, 'CAUSE I HAVE NOT GOT A UPDATED OR SAYING YAY OR NAY ON THE, UM, WITHDRAWAL OF THAT APPLICATION.

SO IT'S KIND OF LIKE IT'S JUST UP IN THE AIR, IF THAT MAKES SENSE.

UM, IF, IF WE HELD THIS OVER TO FEBRUARY, UH, I MEAN WE CAN, WE CAN DO THAT, BUT WE'RE NOT GONNA HOLD IT OVER AGAIN.

SO THAT'S WHAT WE DON'T LIKE.

YES, MA'AM.

YES MA'AM.

YEAH.

YES MA'AM.

I UNDERSTAND.

I UNDERSTAND.

OKAY.

SO YOU WOULD PREFER THAT WE JUST PULL THE CASE ALTOGETHER OR WOULD YOU PREFER THAT, THAT WE CONSIDER HOLDING THIS OVER TO FEBRUARY KNOWING

[00:35:01]

THAT YOU'RE EITHER GONNA PRESENT IN FEBRUARY OR, OR YOU'RE NOT? YES MA'AM.

UH, THE THIRD OPTION, THE THIRD OPTION IS TO WITHDRAW WITHOUT PREJUDICE, CORRECT? YES.

HE CAN EITHER WITHDRAW AND THEN YOU COME BACK WHENEVER YOU WANT TO OR WE CAN HOLD IT OVER, BUT IF WE HOLD IT OVER, WE NEED, WE WOULD HEAR THE CASE IN FEBRUARY.

WE'RE NOT GONNA VOTE FOR ANOTHER HOLDOVER IF HE, IF HE WITHDRAW.

SO THE BENEFIT OF HOLDING OVER, THANK YOU FOR THAT CLARIFICATION.

AND THAT WAS THE REASON WHY I ASKED IF MM-HMM, A HOLDOVER WOULD BE MORE BENEFICIAL TO THIS APPLICANT? IN MY OPINION, I THINK IT WOULD BE.

SO.

OKAY, SO JUST TO CLARIFY, IF YOU DO WANNA HOLD THIS OVER MM-HMM, YOU WOULD NOT HAVE TO PAY ANOTHER APPLICANT APPLICATION FEE.

WOULD, WOULD HE BE ABLE TO HOLD IT OVER TO? OKAY.

ALRIGHT.

SO, UM, IF YOU, IF WE HOLD THIS OVER TILL FEBRUARY, WE WOULD HEAR THIS CASE IN FEBRUARY, VOTE ON THE CASE IN FEBRUARY.

YOU WOULD NOT HAVE TO SUBMIT ANOTHER APPLICATION FEE, BUT WE'RE NOT GONNA HOLD IT OVER AGAIN.

SO FEBRUARY IS SET.

OKAY.

OR YOU CAN PULL IT AND THEN IF YOU DECIDE YOU WANNA COME BACK IN FRONT OF THE BOARD, YOU WOULD HAVE, YOU CAN COME BACK AT ANY TIME, BUT THEN YOU'D HAVE TO PAY FOR THAT APPLICATION FEE AGAIN.

SO WHAT WOULD YOU LIKE TO ASK? THE, WHAT ACTION WOULD YOU LIKE THE BOARD TO TAKE WHAT DATE IN FEBRUARY 20TH.

20TH FEBRUARY 20TH IS OUR NEXT, IS OUR NEXT MEETING.

AND THEN WHEN WOULD HE HAVE TO HAVE EVERYTHING SUBMITTED BY THEN? ALL THE PAPERWORK.

UM, SO I GUESS, WELL, HE CAN'T PAY IT UNTIL JANUARY 30TH.

SO AT THAT TIME, THE FIRST OF, SINCE FEBRUARY 9TH, WHAT IS THE DEADLINE TO SUBMIT FOR? OKAY, JEN, TO BE INCLUDED IN THE FEBRUARY BOARD OF ADJUSTMENTS PANEL A MEETING.

WHAT IS THAT DEADLINE? THAT HE HAS TO HAVE EVERYTHING IN FEBRUARY 9TH.

FEBRUARY 9TH IS THAT DEADLINE WHERE YOU WOULD HAVE TO HAVE ALL COMPLETED PAPERWORK OKAY.

FOR THE FEBRUARY 20TH MEETING.

OKAY.

IS THAT THE ONLY THING THAT YOU GUYS NEED IS A UPDATED TAX CERTIFICATE? I, I CAN'T ANSWER THAT RIGHT NOW, BUT YES, AS FAR AS WHAT I'VE ASKED YOU FOR, YES.

UM, BUT IF THERE'S ANY CHANGES OR ANYTHING LIKE THAT, WE WILL NEED NEW EVIDENCE.

SO FOR NOW YES.

FOR THE APPLICATION THAT IS CURRENT RIGHT NOW, THAT IS WHAT I NEED.

YES.

THE TAX CERTIFICATE, IT'S STILL PUT IN A HARD, UH, POSITION.

UM, SO IF YOU'RE NOT, I'LL TELL YOU WHAT I I'LL TELL YOU WHAT, JUST WITHDRAW THE WHOLE APPLICATION.

PLEASE WITHDRAW THE WHOLE APPLICATION.

OKAY.

SORRY.

WILL BE OUR MOTION.

JUST, JUST WITHDRAW.

JUST WITHDRAW THE WHOLE APPLICATION.

OKAY.

UM, I'M JUST GONNA GO, JUST GO GO A DIFFERENT ROUTE ON THIS PROJECT.

DO I HAVE A MOTION TO WITHDRAW WITHOUT PROJECT MOTION TO, DO WE HAVE A MOTION? YES.

UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 0 9 ON APPLICATION OF WAN'S SESSION DENY THE VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.

THANK YOU.

DO WE HAVE A SECOND? SECOND.

ANY DISCUSSION? CALL FOR A VOTE PLEASE.

UH, SORRY, MICHAEL, DID YOU HAVE ANY VOTE PLEASE? MR. N AYE.

MS. HAYDEN? AYE.

MR. HKA AYE.

MS. DAVIS AYE.

MOTION PASSES TO DENY FOR TO ZERO.

THANK YOU.

IN CASE NUMBER BDA 2 3 4 DASH 0 0 9, UM, MADE A MOTION TO DENY WITHOUT PREJUDICE, WHICH MEANS IF YOU CHANGE YOUR MIND AND YOU'D LIKE TO COME BACK IN FRONT OF THE BOARD OF ADJUSTMENT, YOU ABLE TO DO THAT AT ANY TIME? OKAY.

IN REGARDS TO A REFUND ON THAT, WHO DO I NEED TO GO THROUGH ABOUT THAT? YES, WE'RE GONNA WORK ON THAT.

UM, AND IT WOULD BE A REIMBURSEMENT.

THANK YOU SO MUCH.

YES, THANK YOU.

NEXT CASE IS BDA NUMBER 2 3 4 DASH 0 12 30 10 CITATION DRIVE.

IS THE APPLICANT PRESENT? THANK YOU, MADAM SECRETARY, DO WE HAVE ANYBODY SPEAKING FOR OR AGAINST THIS CASE BESIDES THE APPLICANT?

[00:40:01]

UM, NO.

NOBODY ELSE? UM, I, WELL I HAVE MR. LOGAN.

YEP.

OKAY.

AND MAY WHITNEY, MR. WHITNEY? YEAH, MY WIFE.

SHE'S HERE WITH ME.

OH, MS. WHITNEY, OKAY.

YES.

JUST THE APPLICANT? UH, YES.

OKAY.

IF YOU COULD SWEAR THE APPLICANT IN, PLEASE.

OKAY.

DO YOU SWEAR TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

OKAY.

PLEASE STATE YOUR NAME AND ADDRESS.

LOGAN KLEIN, 3 0 1 0 CITATION DRIVE, DALLAS, TEXAS 7 5 2 2 9.

THANK YOU.

YOU HAVE FIVE MINUTES.

THANK YOU.

UH, SO I'M HERE WITH MY WIFE WHITNEY MCATEER AND MY CONTRACTOR TREY OCHOA.

UM, SO I UNDERSTAND FROM THE BRIEFING THIS MORNING THERE WAS SOME QUESTIONS AND CONCERNS ABOUT OUR FENCE AT 30 10 CITATION, AND I WAS HOPING TO ADDRESS THOSE FIRST.

UH, THE FIRST ONE WAS IF THE, WE'D ALREADY CONSTRUCTED A FENCE, IF WE'D BUILT ANYTHING.

THE ANSWER'S NO, WE CLOSED ON OUR HOUSE IN MARCH OF 2021 AS PART OF OUR SUBMISSION PACKET, WE HAVE AN INITIAL, AN ORIGINAL SITE SURVEY MADE BY THE SELLER IN APRIL OF 2019 THAT WE SUBMITTED THAT INCLUDED THE PRE-EXISTING FENCE.

SO JUST TO, JUST TO CONFIRM, WE'VE, WE HAVE NOT BUILT ANY FENCE.

WE HAVE NOT CONSTRUCTED ANYTHING ON THE PROPERTY.

THERE WAS ALSO A QUESTION AROUND WHERE THE NEW FENCE IS GOING.

THE NEW FENCE IS GOING WHERE THE CURRENT FENCE IS WITH SOME ADJUSTMENTS FOR HEIGHT AND GENERAL LOCATION BASED ON HOW WE USE OUR HOME ON THE PROPERTY.

SO THE GEN THE, JUST TO REITERATE, THE NEW FENCE IS GOING WHERE THE CURRENT FENCE STANDS.

UM, I UNDERSTAND THAT, UH, THERE WAS ALSO NO, NO, UM, REPRESENTATIVES, UH, IN OPPOSITION OR SUPPORT OF THE FENCE, UM, OF FORMALLY SUBMITTED.

WE DO HAVE LETTERS OR WRITTEN, UM, AFFIRMATION OF THE FENCE FROM FIVE NEIGHBORS WITHIN THE NOTIFICATION ZONE THAT THEY DO SUPPORT THE PROJECT THAT I'M HAPPY TO SUBMIT TO MARY, THE BOARD SECRETARY.

UH, I'M SORRY.

COULD, COULD YOU REPEAT THAT? WE, DID, WE HAVE PEOPLE, DO WE HAVE LETTERS SUBMITTED IN SUPPORT OF THIS CASE? THE APPLICANT SAYING HE HAS FIVE LETTERS OF SUPPORT, INFORMAL LETTERS FROM NEIGHBORS AS WE'VE WORKED WITH OUR NEIGHBORS.

OKAY.

SO, BUT THEY, THEY WEREN'T SUBMITTED THAT WE DIDN'T GET ANY RESPONSES FROM, FROM OUR DUE DILIGENCE.

OKAY.

GO AHEAD.

AND THEY WEREN'T SUBMITTED WITH OUR, CORRECT.

YEAH, THEY, WELL THAT'S BECAUSE HE'S SAYING IT WAS INFORMAL.

I GUESS THEY DIDN'T, I GUESS WHEN WE DID THE NOTIFICATION, NOBODY SENT THEIR INFORMATION BACK TO THE CITY.

BUT THROUGH YOUR EFFORTS, I GUESS YOU WERE TALKING TO YOUR NEIGHBORS AND THEY SUBMITTED LETTERS TO YOU.

THEY SUBMITTED INFORMAL VIA TEXT CONFIRMATION OF THE PROJECT AND THEIR SUPPORT THAT I'M HAPPY TO SHARE WITH THE BOARD SECRETARY, JUST ONE MOMENT, PLEASE DO, DO YOU HAVE THOSE PRINTED? I DO.

YOU DO SUBMIT PAPER COPIES.

OKAY.

HOW MANY PAGES? JUST TWO.

OKAY.

JUST PASS IT ALONG.

OKAY.

ALL RIGHT, GREAT.

WE'LL PASS THAT ALONG SO EVERYBODY CAN SEE THOSE LETTERS OF SUPPORT.

THANK YOU.

SURE.

IS IT POSSIBLE TO PULL UP SOME OF THE SLIDES FROM THE PRESENTATION DURING THE BRIEFING? YES.

AND WHO'S OPERATING THE SLIDES? YOU WANT THE PRESENTATION THAT THE STAFF DID EARLIER? YES.

YES, PLEASE.

YES, PLEASE.

ON THE PAPERWORK THAT'S BEING PASSED AROUND, I DID INCLUDE THE ADDRESS IN THE HOMEOWNERS WITH THEIR CONTACT INFO.

NO, NONE OF THIS IS TAKING FROM YOUR TIME, JUST SO YOU KNOW.

OKAY, THANK YOU.

OUR COMPUTERS ARE JUST A LITTLE SLOW.

THAT'LL JUST BE A MINUTE.

NO PROBLEM.

[00:46:05]

IF YOU COULD PROCEED TO, UH, ONE OF THE PHOTOS OF THE VENETIAN WAY WITH THE FENCE.

LET'S SEE.

THE PREEXISTING FENCE.

YEAH.

UM, ONE MORE, MAYBE ANOTHER SLIDE PLEASE.

OKAY.

SO ON THE, ON THE PHOTO ON THE RIGHT, YOU'LL SEE THE FENCE ALONG THE, UM, SO IT IS A CORNER LOT, SO IT HAS TWO FRONT YARDS.

SO ON THE, THE RIGHT SIDE OF THE PHOTO, YOU'LL SEE THE EXISTING FENCE, UH, BUILT BY THE CELLAR ALONG VENETIAN WAY.

SO THAT IS WHERE THE NEW FENCE WILL BE GOING.

UH, BUT TALLER NINE FOOT BOARD ON BOARD AND THE ONLY ADJUSTMENT WILL BE THE FENCE WILL, UM, BE PULLED CLOSER TO CITATION TO ENCLOSE THAT ONE WINDOW RIGHT NEXT TO THE FENCE.

UM, YEAH, MOVED.

YEAH, CORRECT.

JUST CLOSER.

AND THEN IF YOU COULD PROCEED ANOTHER SLIDE.

LET'S SEE, UH, ANOTHER SLIDE PLEASE.

ANOTHER SLIDE.

ANOTHER SLIDE.

WHAT IS THE HEIGHT OF THE EXISTING FENCE? SIX FOOT.

THE YARD IS ON A SLOPE.

SO IT'S SIX FOOT, UH, PANELS OR SIX FOOT, UM, SIX FOOT BOARDS.

OKAY.

UH, ANOTHER SLIDE PLEASE.

ANOTHER SLIDE.

THESE ARE ALL THE PICTURES.

DID YOU WANNA SEE A VIDEO? OH, I GUESS WHEN THERE WAS ALSO A QUESTION AROUND WHERE THE FENCE WAS GOING AND IF IT WOULD BE ALONG CITATION OR VENETIAN, AND I THOUGHT THERE WAS A PHOTO OF THE SITE PLAN WHERE THE PHO WHERE THE FENCE WOULD BE.

YES, THIS ONE.

PERFECT.

SO I THINK THERE WAS AN ANOTHER QUESTION BY, BY SOME OF THE PANELISTS OR THE BOARD MEMBERS, UH, WHERE THE FENCE WOULD BE.

SO TO REITERATE, THE FENCE IS GONNA GO WHERE THE EXISTING ONE IS.

IT'S THE SQUIGGLY LINE ALONG VENETIAN WAY.

UM, AND, AND YOU CAN SEE THE, UM, THAT THE FENCE WILL BE MOVED JUST A LITTLE BIT CLOSER TO CITATION, TO ENCLOSE THE, UH, ENCLOSED ONE OF THE LIVING ROOM WINDOWS.

AND THEN IT'LL BE ALONG THE PROPERTY LINE ALONG VENETIAN WAY WITH A VISIBILITY TRIANGLE ALONG THE ALLEY WITH A VEHICLE GATE AND THEN ENCLOSING THE, THE, UM, EAST SIDE OF THE PROPERTY.

SO THAT FENCE IS GETTING CLOSER TO CITATION.

IN ADDITION TO BEING CLOSER PULLED UP TO THE FRONT OF THE HOUSE.

IS IT ALSO GOING CLOSER TO CITATION? UM, CLOSER TO THE FRONT OF THE HOUSE AND CLOSER TO CITATION I BELIEVE IS THE SAME.

SO IT'S MOVING JUST A LITTLE BIT CLOSER TO ENCLOSED ONE MORE WINDOW OF THE HOME.

WHAT, WHAT DOES CURRENT ZONING ALLOW FOR SIDE YARD FENCE HEIGHT IN THIS PARTICULAR AREA? IS IT EIGHT? SO FOR A FENCE IN A SIDE, IF IT WAS CONSIDERED A SIDE, YOU COULD, UH, SIX FEET WITHOUT A PERMIT AND THEN UP TO NINE FEET WITH THE PERMIT.

ANYTHING ELSE OVER THAT THEY WOULD'VE TO COME IN FOR THE BOARD.

OKAY.

OKAY.

THANK YOU.

IS IS CITATION CONSIDERED THE SIDE OR THE FRONT? CITATION IS THE FRONT.

OKAY.

SO AGAIN, CAN YOU REITERATE THE, THE FENCE REQUIREMENTS FOR THE FRONT? SO YOU HAVE TO, SO YOU CAN SEE WHERE THE DASH LINE IS? MM-HMM, .

SO THAT IS THE FRONT BUILDING LINE.

SO YES, THAT AREA THAT THE CURSOR IS GOING.

SO ANYTHING IN FRONT OF THAT WOULD BE THE FOUR FOOT THAT YOU'RE PROBABLY REFERRING TO.

OKAY.

BUT ANYTHING BEHIND THAT WOULD BE INTO THE SIDE YARD.

MM-HMM.

, WHICH IS KIND OF THE QUESTION THAT, THAT YOU'RE KIND OF ASKING.

SO IN THIS CASE, WHERE THEY'RE PROPOSING WOULD BE IN THAT QUOTE UNQUOTE SIDE YARD.

OKAY.

THANK YOU.

UM, ARE YOU, ARE YOU FINISHING? YEAH.

YOU FINISHED? OKAY.

OPEN THE QUESTIONS.

OKAY.

UM, QUESTIONS FROM THE PANEL? YEAH.

YEAH.

SO THIS IS ANOTHER ONE OF THOSE SITUATIONS WHERE WE HAVE TWO FRONT YARDS, ESSENTIALLY.

ONE OF 'EM REALLY ACTS AS A FRONT YARD AND THE OTHER ONE ACTS AS A SIDE YARD, EVEN THOUGH THEY'RE ZONING REGULATIONS CALLED THEM BOTH FRONT YARDS.

RIGHT.

[00:50:02]

IT'S MY UNDERSTANDING.

OKAY.

OKAY.

UM, I KNOW YOU STATED THAT, UH, YOU'RE PULLING THE FENCE A LITTLE BIT FORWARD TOWARDS CITATION IN ORDER TO ENCOMPASS THAT FIRST UH, WINDOW.

BUT CAN YOU TELL ME THE, THE DISTANCE BETWEEN THE FRONT OF THE HOUSE AND THE PROPOSED NEW, UH, FENCE SET? IS THERE A FIVE? IS THERE AT LEAST A FIVE FOOT BUFFER THERE? WE THINK IT'S ABOUT 10 FEET.

OKAY.

SO AT LEAST FIVE.

OKAY.

THANK YOU.

I'M, I'M GOOD, THANKS.

UH, I'VE GOT A COUPLE QUESTIONS.

SORRY, JUST TO, JUST TO MAKE SURE I ANSWER THAT CORRECTLY.

SO FROM THE, THE, THE CORNER OF THE HOME, UH, ON CITATION IN VENETIAN, THERE'S GONNA BE A ABOUT 10 FEET FROM THE CORNER OF THE HOME TO THE START OF THE FENCE.

TODAY THERE'S ABOUT 20 FEET, SO WE'RE PULLING IT IN A LITTLE BIT.

SO YOU'RE ADDING THREE FEET TO THE FENCE.

WHY, WHY, UM, THE NEED TO, WHY DO YOU NEED TO MAKE IT TALLER? FOR HEIGHT? WE, WE'D LIKE THE HEIGHT BECAUSE THAT THE WAY THE FENCE IS ON A SLOPE, EVEN THOUGH IT'S SIX FOOT BOARDS, WHEN YOU'RE AT THE HEIGHT OF THE HOME, IT FEELS MORE LIKE A FOUR FOOT FENCE BECAUSE THE, THE WAY THE YARD SLOPES.

SO OUR, OUR HOUSE IS ABOUT 18 INCHES HIGHER THAN WHERE THE EXISTING FENCE BEGINS TODAY AT GROUND LEVEL.

OKAY.

AND THEN MY SECOND QUESTION, I UNDERSTAND YOU'RE, YOU'RE MOVING THE FENCE UP SO THAT YOU CAN ENCOMPASS THAT WINDOW.

YOU'RE ALSO PUSHING IT OUT FURTHER.

IS IT JUST TO EXPAND YOUR BACKYARD? IS THERE ANY OTHER REASON WHY? BECAUSE IT'S NOT, IT'S, IT'S GOING TO BE NON-COMPLIANT.

SO I MEAN, SOMETIMES WE'LL GET PEOPLE COMING IN HERE AND THEY JUST BASICALLY WANNA REBUILD WHAT'S ALREADY THERE.

SURE.

UM, BUT YOU'RE ASKING TO BE PUSHING IT OUT SO THAT, THAT REQUIRES US TO LOOK AT DIFFERENT VARIANCES FOR THAT DISTANCE AS WELL.

SO WHY THE NEED TO PUSH THAT OUT CLOSER TO THE STREET? CAN, CAN YOU CONFIRM HOW THAT WOULD BE NON-COMPLIANT? SORRY.

UM, WHAT, WHAT? OKAY.

YOU KNOW WHAT? SO SORRY.

YOU'RE FINE.

SCRATCH THAT QUESTION.

MY APOLOGIES.

NO, YEAH.

OTHER QUESTIONS FROM THE PANEL? ARE THERE OTHER FENCES ALONG, UM, THAT SITE? IS IT CITATION THE SIDE YARD? YEAH, SO SO CITATION IS ALONG THE BOTTOM OF THE PICTURE, RIGHT? MM-HMM, WHERE, WHERE OUR ADDRESS IS VENETIAN IS, IS ALONG THE RIGHT HAND SIDE OF THIS IMAGE.

OH, VENETIAN.

OKAY.

ARE THERE OTHER FENCES ALONG VENETIAN, LIKE, SAY ACROSS THE ALLEY THAT I DON'T RECALL FROM THERE, FROM THE VIDEO THERE.

IN FACT, WE DID BRING SOME ADDITIONAL, ADDITIONAL EVIDENCE FOR THE, UM, FOR THE BOARD OF PRECEDENTS IN THE NEIGHBORHOOD.

THIS NEIGHBORHOOD'S FULL OF CUL-DE-SACS AND CORNER LOTS.

SO WE HAVE QUITE A FEW HOMES WITH CORNER, LOTS WITH TWO FRONT YARDS WHERE YOU HAVE AN ADJACENT HOME THAT FACES THAT SIDE YARD WITH EIGHT FOOT BOARD ON BOARD PRIVACY FENCES, UM, INCLUDING SOME WITH VEHICLE GATES.

SO WE BROUGHT ADDRESSES AND IMAGES OF THOSE FENCES TO, TO SET THAT PRECEDENCE FOR THE NEIGHBORHOOD.

ABSOLUTELY.

LET'S DO THAT.

THANK YOU.

NOT ALL OF THE, HOW, HOW MANY PAGES DO YOU HAVE? OH, THREE FOUR.

OKAY.

AND, AND IF I RECALL, WE SAW SOME OF THESE OH, ON THE DRIVE AROUND.

OH YEAH, YEAH.

NOT ALL OF THESE HOMES WERE IN THE NOTIFICATION AREA, BUT THEY ARE ALL IN THE CHAPEL DOWNS NEIGHBORHOOD.

OKAY.

BEFORE YOU HAND THAT TO US, I I UNDERSTAND THAT WHERE THAT THERE THERE'S A LIMIT TO THE NUMBER OF DOCUMENTS THAT WE CAN REVIEW.

UM, BOARD ATTORNEY, COULD YOU PLEASE EXPLAIN THAT? RIGHT.

SO WE CAN TAKE UP TO FIVE PAGES.

SO YOU'VE ALREADY GIVEN US TWO, WE CAN TAKE THREE MORE OR IF THE BOARD IS INTERESTED, WE CAN JUST MAKE A MOTION TO SUSPEND THE, THE RULES CONCERNING THOSE AND THEN YOU CAN JUST LOOK AT WHATEVER HE WANTS TO HAND US.

DO I HAVE A MOTION TO SUSPEND? YES, MADAM CHAIR.

I MOVE THAT WE SUSPEND THE RULES AND ACCEPT ALL ALL DOCUMENTS.

I SECOND OH, GO AHEAD.

THE MOTION ON THE FLOOR IS TO SUSPEND THE EXISTING RULE ABOUT LIMITING THE NUMBER OF DOCUMENTS WE'RE ABLE TO REVIEW.

UM, AM I ABLE TO JUST DO CALL FOR? OKAY.

LET'S DO, UH, ALL IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

MOTION PASSES.

THANK YOU.

ALL RIGHT.

WE'LL JUST TAKE A MOMENT TO LOOK AT THESE PHOTOS.

ANY OTHER QUESTIONS FROM THE PANEL? GO AHEAD.

SO OUT OF THOSE PHOTOS, HOW MANY ARE WITHIN THE NOTIFICATION AREA? OH GOSH,

[00:55:01]

I SHOULD HAVE WROTE THAT DOWN.

I'D HAVE TO LOOK AT THE ADDRESSES TO SEE.

UM, IS IT TWO? I THINK TWO.

TWO TWO.

ALL HOMES ARE IN THE CHAPEL DOWNS NEIGHBORHOOD, JUST OUTSIDE THE NOTIFICATION ZONE, BUT TWO ARE IN THE NOTIFICATION ZONE.

YEAH.

ANY OTHER QUESTIONS FROM THE PANEL? DO I HAVE A VOLUNTEER TO MAKE A MOTION PLEASE? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH ZERO 12 ON APPLICATION OF IGNACIO OCHOA GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

THANK YOU.

DO I HAVE A SECOND, SECOND DISCUSSION? UH, THANK YOU MADAM CHAIR.

YEAH, THE MAIN REASON I'M SUPPORTING THIS IS 'CAUSE MY, MY CONCERNS HAVE BEEN, UH, ASSUAGED, UH, THERE DOESN'T APPEAR TO BE ANY OPPOSITION IN THIS CASE.

AND IN FACT THE APPLICANT HAS BROUGHT, UM, WRITTEN TESTIMONY THAT, THAT THE NEIGHBORS ARE NOT PO NOT OPPOSED, BUT IN SUPPORT OF THIS, UH, HENCE MY MOTION.

THANK YOU.

ANY OTHER DISCUSSION? UM, I, I'M SYMPATHETIC TO THE, UH, TO THE FACT THAT YOUR YARD SLOPES 'CAUSE MINE DOES ALSO .

SO I UNDERSTAND HOW THAT WORKS.

SURE.

APPRECIATE IT.

ANY OTHER DISCUSSION FOR THE PANEL? LET'S CALL FOR A VOTE PLEASE.

MR. N AYE.

MS. HAYDEN? AYE.

MR. OVITZ? AYE.

MS. DAVIS? AYE.

MOTION PASSES 4 2 0 THANK YOU.

IN THE CASE BDA 2 3 4 DASH ZERO 12.

WAIT, OH, WE'VE GOT A, THAT OUR FIRST MOTION PASSES.

DO WE HAVE A, A VOLUNTEER FOR THAT SECOND MOTION? YES.

MADAM CHAIR.

I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL THE BDA 2 3 4 DASH ZERO 12 ON APPLICATION OF IGNACIO OCHOA.

GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT, WHICH IS BEING TREATED AS A SIDE YARD AS A SPECIAL EXCEPTION TO THE SURFACE AREA, OPEN THIS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FUR FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

THANK YOU.

DO WE HAVE A SECOND, SECOND DISCUSSION? UM, NO.

NORMALLY I'M, UH, OPACITY IS A BIG ISSUE FOR ME AS MANY OF MY FELLOW PANEL MEMBERS KNOW, UH, PARTICULARLY WHEN IT'S NOT ON A VERY BUSY THOROUGHFARE HO.

HOWEVER, IN THIS PARTICULAR INSTANCE, BECAUSE IT IS IN EFFECT BEING TREATED AS A SIDE YARD, I DON'T HAVE ANY ISSUES WITH IT.

THANK YOU.

THANK YOU FOR THEIR DISCUSSION.

ANY OTHER PANELISTS DISCUSSION? LET'S CALL FOR A VOTE, PLEASE.

MR. N AYE.

MR. OVITZ? AYE.

MS. HAYDEN? AYE.

MS. DAVIS? AYE.

MOTION PASSES FOUR TO ZERO.

THANK YOU VERY MUCH.

UH, BDA CASE 2 34 DASH ZERO TWO BOTH MOTIONS PASS.

THANK YOU.

THANK YOU.

[01:00:05]

ALL RIGHT, OUR NEXT CASE IS BD 2 23 DASH 1 0 7 54 24 VICKERY BOULEVARD.

IT'S BD 2 23 DASH 1 0 7.

WE ARE UNDER OUR INDIVIDUAL CASES 55 24 VICKERY BOULEVARD.

IS THE APPLICANT PRESENT? NO, HE'S NOT PRESENT.

DO WE HAVE ANY SPEAKERS ASSIGNED TO SPEAK EITHER AND FOR OR AGAINST THIS CASE? NO SPEAKERS REGISTER.

OKAY.

DISCUSS ONCE THE DISCUSSION.

JUST ONE MOMENT.

OKAY.

SO TYPICALLY WE ASK QUESTIONS OF THE APPLICANT BEFORE WE WOULD MAKE A MOTION AND OPEN IT TO DISCUSSION, BUT SINCE THE APPLICANT IS NOT HERE, I'M GONNA ASK THAT SOMEBODY ON THE PANEL MAKE A MOTION AND THEN WE WILL GO AHEAD AND DISCUSS THE CASE BEFORE WE VOTE.

UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 3 DASH TEN SEVEN FR ONE ON APPLICATION OF MICHAEL VAN DENY THE REQUEST TO REIMBURSE THE FILING FEES IN ASSOCIATION WITH REQUEST FOR AN APPEAL OF THE DECISION OF THE ADMINISTRATIVE OFFICIAL AS REQUESTED BY THIS APPLICANT WITH PREJUDICE BECAUSE OF OUR, OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT PAYMENT OF THE FEE WOULD NOT RESULT IN SOME SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT.

THANK YOU.

DO WE HAVE A SECOND, SECOND DISCUSSION? UM, I, I RECALL THIS CASE FROM OUR, OUR LAST MEETING AND WE DID DENY THE APPLICANT'S, UM, REQUEST TO FOR A VARIANCE FOR FENCE HEIGHT, UM, BECAUSE HE WAS IN A CONSERVATION DISTRICT.

AND I THINK THE FACT THAT WE DENIED THAT, THAT CASE THERE, IF I COULD JUST MAKE ONE TIME DIRECTION, IT WASN'T FOR A VARIANCE OR A SPECIAL EXCEPTION.

THIS WAS A A, A BUILDING OFFICIAL APPEAL.

AND SO THE OH, THE, IT WAS OH, THAT'S RIGHT.

IT WAS BUILDING OFFICIAL APPEAL.

THAT'S RIGHT.

AND IT WAS OVER THE LINE, BUT YOU ARE CORRECT IN THAT IT WAS, UH, YOU GUYS CITED WITH THE BUILDING OFFICIAL AND EFFECTIVELY DENIED HIM.

RIGHT.

OKAY.

AND, AND ALSO I'D LIKE TO ADD THAT, UH, AND I'M SORRY TO TO INTERRUPT YOU.

NO, IT'S FINE.

UM, SO 75% IS REQUIRED, WHICH, WHICH MEANS FOUR OUTTA FIVE OR IN THIS CASE FOUR OUT FOUR.

UM, HOWEVER, THAT'S ONLY FOR VARIANCES, SPECIAL EXCEPTIONS AND REVERSAL OF OFFICIAL DECISIONS.

FEE REIMBURSEMENTS ARE A SIMPLE MAJORITY, SO IT CAN BE DONE WITH JUST A THREE PERSON VOTE.

OKAY, THANK YOU.

AND IN ADDITION, THE FACT THAT THE APPLICANT IS NOT HERE TO REQUEST THIS IN PERSON, UM, IS WHY I DECIDED TO DENY IT WITH PREJUDICE.

FURTHER DISCUSSION.

I CONCUR.

ANY OTHER DISCUSSION? LET'S CALL FOR A VOTE PLEASE.

MR. N AYE.

MS. HAYDEN? AYE.

MR. OVITZ NAY.

MS. DAVIS? AYE.

MOTION PASSES THREE TO ONE AND BDA CASE NUMBER 2 2 3 DASH 0 1 0 7 FFR ONE.

UM, THAT MOTION WAS DENIED FOR REIMBURSEMENT OF, UM, OF THOSE FEES.

THANK YOU.

SO WE WILL GO ON TO THE NEXT CASE, WHICH IS PDA 2 3 4 DASH 0 0 3 BDA 2 3 4 DASH 0 0 3 7 15 WEST REDBIRD LANE.

IS THE APPLICANT PRESENT? YES.

OKAY.

DO WE HAVE ANYBODY BESIDES THE APPLICANT? DO WE HAVE ANYBODY SPEAKING FOR OR AGAINST THIS, THIS CASE? NO, THE REGISTERS.

OKAY.

IF YOU COULD SWEAR IN THE APPLICANT PLEASE.

DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

OH, OKAY, I GOT IT.

LETICIA DORSEY, 7 1 5 WEST RED BIRD LANE, DALLAS, TEXAS 7 5 2 3 2.

THANK YOU.

AND IF YOU COULD SPEAKING, KEEP SPEAKING INTO THE MICROPHONE JUST THE WAY YOU ARE, THAT WOULD BE PERFECT.

OKAY.

THANK YOU.

MM-HMM, .

AND YOU'VE GOT FIVE MINUTES.

OKAY.

SO, UM, EARLIER YOU MENTIONED THAT I HAD BROUGHT SOME SUPPORT FROM MY COMMUNITY, MY NEIGHBORS, WHICH WAS 20 AND I NEVER GIVE UP.

I HAD SIX EXTRA MORE.

I WENT DOOR TO DOOR AND I SPOKE TO THE, MY NEIGHBORS WALKED AROUND AND GAVE THEM AND

[01:05:01]

EX HAD A, A MAP AND EXPLAINED TO THEM MY DETAILS OF WHAT WAS I GOING THROUGH WITH THE CITY OF DALLAS.

SO I HAVE EXTRA, AND ALSO AT THE SAME TIME I WANNA SAY TO Y'ALL, I'M NOT A CONTRACTOR OR A BUILDER, I'M JUST A HOMEOWNER.

AND SO WHAT HAPPENED TO ME IN MY SITUATION WITH MY HOME WAS THAT I HIRED A CONTRACTOR, GAVE HIM 30,000, UH, WORKED ON MY HOME FOR A MONTH AND A HALF, TOOK THE MONEY AND MOVED ON.

SO I WAS LEFT WITH MY HOUSE, NOT FINISHED.

DURING THAT TIME, I BROUGHT A BUILDER AND HE TOLD ME THAT THE JOB WAS NOT DONE CORRECTLY.

WHEN I HAD MY FIRST CONTRACTOR, I KEPT ON ASKING HIM ABOUT MY PERMIT.

HE SAID, DON'T WORRY ABOUT IT.

I, I I I GOT YOU.

I I'M TAKING CARE OF YOU.

FOUND OUT THAT HE NEVER DID A, UH, PERMIT.

BEING A HOMEOWNER, A SINGLE WOMAN, MY DREAM WAS TO EXPAND MY HOME.

I WAS, I'M A RETIRED TEACHER FOR 40 YEARS WITH DALLAS, ISD.

I WORKED HARD WORKING WITH THESE CHILDREN WITH THEIR EDUCATION, BUT MY DREAM WAS TO BUILD MY EXTENSION TO MY HOME.

SO WHEN I HAD TO FIND MY SECOND CONTRACTOR, WE WENT THROUGH A PERMIT AND I WAS RUNNING TO THE ON JEFFERSON AND, UM, GOT MY PERMIT, THEY STARTED AND AS THEY WERE FINISHING, THE INSPECTOR CAME AND THAT'S WHEN HE PUT A FLAG.

BUT AT THE SAME TIME, I FOUND OUT THAT, UH, I HAD A SETBACK LATER ON.

I AM LEARNING THROUGH THIS EXPERIENCE OF MY HOME THAT HAS HAPPENED TO ME.

AND I DID NOT KNOW WHAT ELSE, WHAT TO DO.

AS YOU SEE, I'M REPRESENTING MYSELF.

NO CONTRACTORS ARE HERE BECAUSE WHEN HE FOUND OUT THAT I WAS GOING WITH THIS ORDEAL WITH THE CITY OF DALLAS, THEY MOVED BACK.

THEY DON'T WANNA BE THERE TO SUPPORT ME.

SO I AM HERE TO, UH, JUST REPRESENTING MYSELF TO LET YOU KNOW THAT I AM, UH, WANT YOU TO UNDERSTAND MY SITUATION WITH MY HOME.