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SUSPECT YOU SHOULD

[00:00:01]

ALSO CALL 9 1 1

[Board of Adjustments: Panel A on February 20, 2024.]

CAMBRIA JORDAN, SENIOR PLANNER, DIANA COMB, BARCO, DEVELOPMENT CODE SPECIALIST PROJECT COORDINATOR.

NORA CASTA, SENIOR PLANS EXAMINER.

HE'S NOT IN THE ROOM NOW, BUT HE'LL BE BACK.

JASON POOLE, OUR DEVELOPMENT SERVICES ADMINISTRATOR ON THE FAR OTHERS.

OPPOSITE SIDE IS PHIL IRWIN, THE ARBORIST AND DAVID NEVAREZ FROM ENGINEERING.

AND LAST, BUT CERTAINLY NOT LEAST, ARE VALUED AND APPRECIATED.

BOARD SECRETARY MARY WILLIAMS. FOR THE RECORD, I WANT TO SAY AGAIN, ANYONE HERE AT CITY HALL THAT WISHES TO SPEAK TODAY FOR PUBLIC TESTIMONY OR TESTIMONY ON A SPECIFIC CASE, YOU NEED TO FILL OUT A BLUE SLIP SHEET OF PAPER AND GIVE THAT TO OUR BOARD SECRETARY.

NOW ALLOW ME TO, UH, READ SOME PREPARED, UH, REMARKS INTO THE RECORD.

UM, I'D, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY WE WILL THIS HEARING WILL BE CONDUCTED.

MEMBERS OF THE BOARD ARE A APPOINTED BY THE DALLAS CITY COUNCIL.

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

THEY PROVIDE YOU AS TAXPAYERS PROVIDE REFRESHMENTS AND A LUNCH FOR US.

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 A LEGAL USE.

WE'VE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THIS HEARING AND IS ALL, AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING POSTED ON OUR CITY WEBSITE.

ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY MARY WILLIAMS, WHEN YOUR CASE IS CALLED, THE 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 OFFICIAL DECISION REQUIRES 75% OR FOUR OF THE FIVE MEMBERS VOTING TODAY.

FOUR AFFIRMATIVE VOTES.

ALL THEIR MOTIONS REQUIRE A SIMPLE MAJORITY VOTE AND THAT IS BY STATE STATUTE, STATE STATUTE, CITY CODE, AND OUR RULES OF PROCEDURE.

IT'S A HIGH BAR FOUR FOR A VARIANCE OR A SPECIAL EXCEPTION OR REVERSAL.

LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PERMANENT RECORD.

ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE.

EACH REGISTERED SPEAKER, UH, FOR THE PUBLIC PORTION WILL BE GIVEN THREE MINUTES.

WHEN A CASE IS CALLED, YOU'RE GIVEN FIVE MINUTES AS CHAIRMAN, I HAVE THE DISCRETION TO, UH, LENGTHEN OR SHORTEN THAT, BUT EVERYONE WILL, EVERYONE WILL GIVE BE GIVEN AN EQUAL AMOUNT OF TIME.

THE BOARD WANTS TO HEAR FROM THE APPLICANT AND WE WILL GIVE AMPLE TIME IN ORDER FOR THE APPLICANT TO PRESENT HIS OR HER CASE.

AND LIKEWISE, ANYONE HERE FOR OR AGAINST ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD AND THE RULES THERE, YOU HAVE TO HAVE REGISTERED BY, IS IT MARY FIVE O'CLOCK THE DAY BEFORE OR IS IT 24 HOURS, FIVE, FIVE O'CLOCK THE DAY BEFORE? NO TELECONFERENCE ROOM WILL BE ALLOWED.

ALL COMMENTS ARE DIRECTED TO THE PRESIDING OFFICER, MYSELF AS CHAIRMAN.

UH, BOARD MEMBERS WILL BE RECOGNIZED.

THE STAFF WILL BE RECOGNIZED.

ANYONE THAT SPEAKS HAS TO BE RECOGNIZED BY THE PRESIDING OFFICER.

ALL COMMENTS WERE MADE TO MYSELF WHO MAY MODIFY SPEAKING TIMES AS AS NECESSARY TO MAINTAIN ORDER.

UH, ALLOW ME NOW FOR THE BOARD TO PREVIEW OUR AGENDA.

IN A MOMENT WE WILL HEAR PUBLIC TESTIMONY.

IF THERE'S ANY, THEN WE WILL REVIEW AND HOPEFULLY APPROVE OUR MEETING MINUTES FROM JANUARY 16TH.

AND THEN WE WILL HAVE, WE HAVE TWO CASES STILL ON THE UNCONTESTED DOCKET.

AND THEN WE HAVE 1, 2, 3, 4, 4 CASES THAT GOT MOVED TO THE REGULAR AGENDA.

ONE HOLDOVER AND TWO ORIGINAL INDIVIDUAL CASES.

SO IN TOTAL WE HAVE 10 ACTION ITEMS TODAY, NINE CASES AND, UH, ONE MEETING MINUTES.

QUESTIONS FROM THE BOARD PANEL REGARDING OUR AGENDA FOR THIS AFTERNOON.

WE WILL BE IN SESSION UNTIL WE FINISH AND WE WILL BE MOVE AS EXPEDITIOUSLY, EXPEDITIOUSLY AS POSSIBLE, UM, BUT ALSO MAKE SURE EVERYONE HAS A FAIR OPPORTUNITY TO SPEAK.

MS. BOARD.

SECRETARY, DO WE HAVE ANY PUBLIC TESTIMONY? NO PUBLIC SPEAKERS.

NO PUBLIC SPEAKERS.

THANK YOU.

FIRST ITEM ON THE AGENDA FOR ACTION.

TODAY IS OUR MEETING MINUTES FROM JANUARY 16TH.

THE CHAIRMAN WOULD REQUEST THAT WE, UM, UM, I I'M GONNA MOVE SINCE I MADE SUGGESTIONS THIS MORNING IN THE, UH, BRIEFING.

I'M GONNA MOVE THAT THE MEETING MINUTES FROM JANUARY 16TH, 2024 BE APPROVED AS WITH THE FOLLOWING AMENDMENTS ON PAGE 15 OF THE MEETING MINUTES, THAT WE RECORD A FOUR TO ZERO APPROVAL OF THE SUSPENSION OF RULES ONE NUMBER TWO ON PAGE 19, THAT WE NOTATE THAT THE BOTTOM SECTION THAT IS DOESN'T HAVE A MOTION NUMBER, THAT IT'S MOTION NUMBER TWO

[00:05:01]

AND THEN TWO OTHER ITEMS ON THE LAST PAGE.

PAGE 35 THAT, UH, FOR THE MOTION FOR ADJOURNMENT BY MR. NERI WAS APPROVED FOUR TO ZERO.

AND THEN THIS REQUIRED SIGNATURE ON APPROVAL TODAY WOULD BE DAVID A. NEWMAN AS CHAIRMAN OF BOARD OF ADJUSTMENT.

I SO MOVE.

IS THERE A SECOND? MS. HAYDEN? I'LL SECOND.

IT'S BEEN MOVED AND SECONDED TO APPROVE THE MEETING MINUTES AS AMENDED.

DISCUSSION ON THE MOTION HEARING? NO DISCUSSION IN THE MOTION PLEASE ALL SIGNIFY BY SAYING AYE.

A.

AYE.

AYE.

AYE.

THE MOTION TO APPROVE THE MEETING MINUTES AS AMENDED IS APPROVED.

FIVE TO ZERO UNANIMOUSLY.

THANK YOU.

NEXT ITEM FOR OUR AGENDA IS OUR, UH, UNCONTESTED DOCKET, AS IS THE PRACTICE OF THE, AND CONSISTENT WITH OUR RULES OF PROCEDURE DURING THE BRIEFING PROCESS IN THE MORNING ON A HEARING DAY, UH, THE BOARD MAY ELECT TO, UH, CONSOLIDATE UNCONTESTED CASES, UH, AND IF IT DOES SO IT DOES NOT REQUIRE, UM, A PRESENTATION BY THE APPLICANT OF OUR NINE CASES TODAY, THERE WERE TWO THAT WERE SELECTED AS UNCONTESTED.

UM, AND SO THE CHAIR WOULD ENTERTAIN A MOTION.

MR. HOB GRITZ, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET 'CAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO IT CASE.

BDA 2 3 4 DASH OH NINE APPLICATION OF JANELLE SMITH FOR A SPECIAL EXCEPTION TO THE SIGN REGULATION STANDARDS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH ALL SUBMITTED PLANS ARE REQUIRED.

CASE PDA 2 3 4 DASH 0 21 APPLICATION OF JENNIFER MOTO FOR A SPECIAL EXCEPTION, THE LANDSCAPING REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

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

THANK YOU, MR. HAKO HAITZ, UH, THE MOTION HAS BEEN MADE TO APPROVE 2 3 4 0 1 9 AND 2 3 4 0 2 1 AS PART OF THE UNCONTESTED DOCKET.

IS THERE A SECOND MS. HAYDEN? I'LL SECOND.

IT'S BEEN SECONDED BY MS. HAYDEN.

DISCUSSION ON THE MOTION HEARING? NO DISCUSSION.

UH, WE WILL GO TO A VOTE.

UM, THE MOTION ON THE FLOOR FLOOR IS TO APPROVE 2 3 4 0 1 9 AND 2 3 4 0 2 1 AS SUBMITTED AS PART OF THE UNCONTESTED DOCKET.

PLEASE CALL FOR THE VOTE MS. BOARD SECRETARY MS. DAVIS.

AYE.

MS. HAYDEN AYE.

MR. N AYE.

MR. VIS? AYE.

MR. CHAIR? YES.

MOTION PASSES FIVE TO ZERO.

THE UNCONTESTED, UH, DOCKET OF 2 3 4 0 1 9 AND 2 3 4 0 2 1 IS APPROVED.

FIVE TO ZERO.

THANK YOU.

NEXT ITEM ON THE AGENDA IS 2 3 4 0 1 3 2 3 4 0 1 3.

THIS IS AT 1717 JEFFREY STREET.

THIS ITEM WAS ORIGINALLY ON THE UNCONTESTED DOCKET AND WAS PULLED TO THE, UH, INDIVIDUAL ITEMS. UM, IS THE APPLICANT HERE FOR 2 3 4 0 1 3? YES, SIR.

GOOD AFTERNOON, SIR.

HOW ARE YOU? I'M EXCELLENT.

HOW ARE YOU? GOOD.

VERY GOOD.

UM, IF YOU WOULD PLEASE GIVE US YOUR WAIT HOLD ON.

OUR BOARD SECRETARY NEEDS TO SWEAR YOU IN FIRST, AND THEN YOU'RE GONNA GIVE US YOUR NAME AND YOUR ADDRESS AND YOU'LL BE GIVEN FIVE MINUTES PLUS OR MINUS, DEPENDING ON WHAT YOU NEED TO, TO SPEAK TO THE BOARD.

AND THEN WE WILL ASK QUESTIONS.

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

I DO.

YES, I DO.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

UH, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE V IN DALLAS.

GOOD AFTERNOON, MR. CHAIRMAN.

LADIES AND GENTLEMEN, ROB BALDWIN HERE REPRESENTING AUSTIN STREET CENTER IN THE REQUEST.

UH, FOR TECHNICALLY IT'S, UH, RELIEF FROM THE LANDSCAPING REQUIREMENTS.

UH, AND I'LL GET INTO THAT JUST A SECOND.

NEXT SLIDE PLEASE.

SO THIS IS, UH, THERE, THE NEW ASHA STREET SHELTER.

IT'S A SECOND PHASE.

I DON'T KNOW IF YOU KNOW WHERE THE ORIGINAL ONE IS ON CHESTNUT AND HICKORY.

THIS ONE IS ON JEFFERIES IN HICKORY.

IT IS, UH, A HOMELESS SHELTER AND RESOURCE CENTER.

UH, IT HELPS, UH, DALLAS'S MOST VULNERABLE POPULATION WITH, UH, BASIC NEEDS SUCH AS, UH, HYGIENE, SANITATION, JOB TRAINING, UM, PLACES TO SLEEP, FOOD, MEDICAL ATTENTION.

SO IT, IT, IT SERVES THE HOMELESS POPULATIONS, ONE OF THE LARGEST, UM, AND, AND OLDEST IN THE CITY OF DALLAS.

NEXT SLIDE PLEASE.

THIS

[00:10:01]

IS A AERIAL OF THE SITE.

YOU CAN SEE, YOU KNOW, WE HAVE THE BIG, UH, MARSHALING YARD FOR DARK JUST TO OUR SOUTH, UH, I 30 TO THE NORTH, UH, 45 TO THE WEST.

UH, IT'S A VERY INDUSTRIAL DIS INDUSTRIAL TYPE DISTRICT.

AND, UH, THIS IS A NEW FACILITY THAT WAS RECENTLY BUILT.

NEXT SLIDE PLEASE.

ALTHOUGH I WAS NOT A PART OF THE REZONING FOR THIS SITE, UH, WHEN IT WAS REZONED, UH, THE CITY PLAN COMMISSION APPROVED A LANDSCAPE PLAN.

AND THIS IS THAT LANDSCAPE PLAN.

IT SHOWED WHERE THE TREES NEEDED TO BE TO MEET COMPLIANCE IN THE CITY PLAN COMMISSION AND CITY COUNCIL'S EYES AS TO WHAT WAS APPROPRIATE LANDSCAPING ON THE SITE.

NEXT SLIDE, PLEASE.

THIS IS OUR PROPOSED SLIDE.

UH, KIND OF HARD TO SEE, BUT IT EXACTLY MATCHES THE APPROVED LANDSCAPING PLAN.

SO WHY ARE WE HERE? UH, WHAT WAS NOT DISCUSSED DURING THE CITY PLAN COMMISSION, CITY COUNCIL APPROVAL WAS TREE MITIGATION.

THE SITE HAD SOME TREES ON IT.

THEY WERE PRETTY MUCH ALL REMOVED TO BUILD A FACILITY.

AND WHEN WE PUT BACK THE TREES THAT WE HAD, THERE WAS A DEFICIT OF A LOT OF INCHES OF APPROXIMATELY $42,000 WORTH OF, OF TREE MITIGATION.

NEXT SLIDE, PLEASE.

SO THE REQUEST BEFORE YOU TODAY IS TO WAIVE THE REMAINING TREE MITIGATION REQUIREMENTS.

AND THE REASON IS, UH, THIS IS A HOMELESS SHELTER.

THEY'RE IN AN INDUSTRIAL AREA.

THE $42,000 THAT WOULD BE SPENT ON TREES THAT WILL NOT FIT ON THE SITE, WHICH I'LL SHOW YOU IN JUST A SECOND, IS NOT BENEFITING THE AREA.

IT, WE THINK THAT THE MONEY THAT WE WOULD BE PITCHING INTO THE DALLAS RE REFORESTATION FUND WOULD BE BETTER SPENT HELPING THE CLIENTS IN NEED TODAY.

SO, UH, NEXT SLIDE PLEASE.

SO THE BOARD MAY GRANT A SPECIAL RECEPTION IF STRICT COMPLIANCE WILL UNREASONABLY BURDEN THE PROPERTY.

I'LL ARGUE THAT IT WOULD, UH, JUST GIVEN THAT THEY DON'T HAVE HUGE BUDGETS.

AND $42,000 IS A LOT OF MONEY WHEN IT COMES TO SERVING THE HOMELESS POPULATION.

SECOND, THE SPECIAL EXCEPTIONAL, NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.

WE'RE AN INDUSTRIAL DISTRICT.

UM, WE DO HAVE THE LANDSCAPING THAT WE WERE REQUIRED TO PUT IN.

UM, AND, UH, THE AUSTIN TREE SHELTER ALSO OWNS OTHER PROPERTY IMMEDIATELY ADJACENT TO THIS, SO WE WE'RE NOT BURDENING OURSELVES.

THE THIRD ONE IS THE REQUIREMENTS ARE NOT IMPOSED BY A SITE SPECIFIC LANDSCAPE PLAN OR TREE MITIGATION PLAN APPROVED BY THE CPC OR CITY COUNCIL.

WE ARE COMPLYING WITH THE LANDSCAPING PLAN, UH, APPROVED BY CPC AND CITY COUNCIL.

WE'RE JUST ASKING FOR, UH, RELIEF IN THE MITIGATION.

SO SECONDLY, IN DETERMINING WHETHER TO GRANT A SPECIAL EXCEPTION, THE BOARD SHALL CONSIDER THE EXTENT TO WHICH THERE'S RESIDENTIAL ADJACENCY.

WE HAVE NONE.

THE TOPOGRAPHY OF THE SITE, IT IS A FLAT SITE THAT DOES HAVE ENCUMBRANCES AND THE ABILITY TO PLANT REPLACEMENT TREES SAFELY ON THE PROPERTY.

NEXT SLIDE, PLEASE.

THIS IS A SITE PLAN OF THE PROPERTY.

IF YOU NOTICE IN THE YELLOW THAT THOSE HAVE OVERHEAD POWER LINES, THE GREEN IS UNDERGROUND DETENTION WHERE WE CANNOT PLANT TREES.

WE ARE PLANTING TREES WHERE WE CAN AND WHERE WE WERE, UH, AGREED TO BE ALLOWED TO PLANT TREES.

SO I THINK WE CAN, WE CAN COMPLY WITH ALL DUE TO STANDARDS THAT NEED TO BE MET IN ORDER FOR YOU TO ACT FAVORABLY.

UPON THIS, WE HOPE THAT YOU CAN SUPPORT THIS REQUEST.

WE DO GOOD WORK AND WE'D LIKE TO CONTINUE TO DO WORK.

AND WITH YOUR HELP, WE CAN TAKE THE MONEY THAT WOULD BE DISPERSED THROUGHOUT THE CITY AND FOCUS IT TO WHERE IT'S NEEDED TO BE.

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

THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU MR. BALDWIN.

QUESTIONS FOR THE APPLICANT? I HAVE A FEW, BUT I WANNA DEFER TO THE PANEL, THE BOARD FIRST.

OKAY.

UM, DESCRIBE WHAT WOULD YOU PLEASE, SIR, WHAT THIS, WE SAW SOME VIDEO IN DRIVING IN THE NEIGHBORHOOD FROM OUR STAFF THIS MORNING.

FROM YOUR PERSPECTIVE AS THE APPLICANT, DESCRIBE THE GEOGRAPHIC AREA, INDUSTRIAL, RESIDENTIAL, COMMERCIAL, RUGGED CURBED, UNCURBED, SIDEWALK, TREE FLOWERS.

GIVE US, GIVE US FROM YOUR PERSPECTIVE WHAT YOU THINK THAT NEIGHBORHOOD IS.

IT'S A HISTORICALLY INDUSTRIAL DISTRICT.

UM, THERE IS MOSTLY SMALL MANUFACTURING.

UH, THERE'S A COLUMBIA SLAUGHTERHOUSE HAS A FACILITY THERE.

THERE'S, UM, MORE AUSTIN STREET SHELTER THERE.

AND FOR SOME REASON THERE'S A STRANGE LITTLE SCARY, UH,

[00:15:01]

AQUATIC CENTER RUN BY DISD, UH, ON THE CORNER OF HICKORY.

AND, UH, MALCOLM X.

UH, I'VE NEVER SEEN ANYBODY THERE, BUT IT'S CALLED ALAMO STREET AQUATIC CENTER.

UH, VERY STRANGE, BUT ENTER, IT REALLY IS JUST AN INDUSTRIAL AREA.

THIS IS ONE OF THE FIRST NEW BUILDINGS THAT HAVE BEEN BUILT THERE IN A LONG TIME.

UH, I THINK IT'S AN ATTRACTIVE BUILDING.

IT'S WELL LANDSCAPED, UM, AND IT SERVES A LOT OF PEOPLE COMING AND OUT.

UH, BUT THE REST OF THE AREA IS, I WOULD SAY 1940S, 1950S, UH, ERA, UH, INDUSTRIAL COMMERCIAL BUILDINGS, GENERALLY FLAT, UH, HARD TO GET TO.

IF YOU SAW THE, THE PHOTOS AND THE, THE VIDEO.

WE HAVE, UH, MALCOLM X THAT'S ELEVATED AT THE SITE.

WE HAVE THE, THE MARSHALING YARD FOR DART TO THE SOUTH.

IT MAKES IT IN HARD TO GET IN AND OUT OF.

AND 45.

UM, IT'S A, IT'S A LITTLE POCKET THAT'S HARD TO GET IN AND OUT OF, BUT IT'S, IT'S ALL INDUSTRIAL.

ANY RESIDENTIAL ADJACENCY? NO, SIR.

UM, TOPOGRAPHY.

IS IT FLAT? IS IT HILLY? IS IT GENERALLY FLAT? AND IF YOU NOTICE ON MY LAST SLIDE, WE HAVE THE UNDERGROUND DETENTION.

IT'S FLAT ENOUGH WHERE WE HAVE TO BRING DETENTION ON SITE.

WE CAN'T FLOW IT INTO, UH, YOUR EXISTING SOURCE.

SO YOUR COMMENTS IN THE PRESENTATION ARE PERSUASIVE.

AND IF YOU HEARD ANOTHER ONE OF OUR CASES THIS MORNING, I MADE THE COMMENT TO THE STAFF ABOUT, OH MY GOSH, THE, THE CITY'S GONNA FORCE A PROPERTY OWNER TO PUT BUSHES IN ALONG A, A WAY THAT HAS NO CURBS.

AND IN A MONTH OR TWO MONTHS, THE DUST AND THE DIRT FROM THE ROAD JUST GONNA DESTROY THE BUSHES.

SO WHY WOULD WE DO THAT? THE SAME QUESTION KIND OF BEGS HERE TO, UH, YOU, THE REASON WE HAVE ARTICLE 10 IS TO PROVIDE GREENERY, SHRUBBERY, SOME CONTOURS TO A CITY INSTEAD OF CONCRETE.

I'M SURE MR. IRWIN WILL BE MORE ARTICULATE THAN I, BUT FROM A BUSINESSMAN'S PERSPECTIVE, FROM A PROPERTY OWNER'S PERSPECTIVE, IT PROVIDES CONTOURS AND SOFTNESS TO A CITY INSTEAD OF BEING ALL CONCRETE.

IF WE, IF WE AGREED TO THIS, YOUR REQUEST, IN ESSENCE WE'RE SAYING WE'RE NOT PUTTING MONEY BACK INTO THE CONTOURS AND THE SOFTNESS OF OUR CITY.

AND THE SAME THING WITH THE OPPOSITE.

IF YOU ENDED UP PLANTING THE TREES IN YOUR AREA, I'M A LITTLE CONFLICTED BECAUSE ALTHOUGH IT'S AN INDUSTRIAL AREA THAT WE'VE SEEN AND YOU'VE DESCRIBED, WE DON'T WANT JUST CONCRETE AREAS.

SO HOW DO YOU BALANCE THAT AS A PROPERTY OWNER AND NEIGHBOR IN THAT AREA, GIVEN THE, IN ORIGINAL INTENT OF ARTICLE 10? SO I WOULD ARGUE THAT ONE, WE HAVE AN APPROVED SITE SITE LANDSCAPE PLAN THAT WE COMPLY WITH.

THAT IS WHAT THE ELECTED APPOINTED OFFICIALS OF THE CITY SAID.

WHAT'S APPROPRIATE LANDSCAPING FOR THIS SITE? THERE IS A LOT OF GREENERY ON THE SITE, JUST NOT A LOT OF TREES RIGHT NOW, JUST BECAUSE OF THE, UH, NOT THE ABILITY TO PLAN 'EM UNDERNEATH POWER LINES OR IN OUR DETENTION AREA.

NOW, AS MR. IRV WAS SAYING EARLIER TODAY, WE CAN EITHER PLANT ON SITE, WHICH WE DON'T HAVE ROOM TO DO, WE CAN, UH, PLANT WITHIN FIVE MILES OF OUR SITE IF WE FIND SOMEBODY WHO WILL BE WILLING TO TAKE THE TREES AND AGREE TO 'EM.

THOSE ARE THE TWO LEAST EXPENSIVE OPTIONS.

THE THIRD OPTION IS TO PAY INTO THE TREE MITIGATION FUND ONCE IT GOES TO THE TREE MITIGATION FUND.

I HONESTLY DON'T KNOW WHAT HAPPENS TO IT AFTER THAT.

BUT IT DOES NOT COME BACK TO THIS GEOGRAPHIC AREA OR IT'S NOT, UH, PIGEONHOLED TO BE BACK IN THIS GEOGRAPHIC AREA.

IS THAT CORRECT, MR. IRWIN? YOU CAN ASK ME THAT QUESTION.

OH, YOU CANNOT ASK HIM.

I SAID, DID YOU ROUTE THINGS THROUGH THE CHAIRMAN AND THEN I'LL DECIDE WHETHER I, THE BOARD WANTS TO DO THAT.

IT IS MY UNDERSTANDING.

AND YOU KNOW, THAT ONCE IT GETS INTO THE TREE MITIGATION FUND, IT CAN BE THAT MONEY CAN BE USED TO PURCHASE TREES ANYWHERE IN THE CITY.

YES.

OR PLANT TREES ANYWHERE IN THE CITY.

YES.

SO IT, IT DOESN'T MEAN IT HAS TO COME BACK IN THIS AREA.

AGREED.

I THINK IF YOU DROVE THIS AREA AND SAW OUR FACILITY, YOU WOULD SAY THAT WE ARE A BIG UPGRADE FOR EVERYTHING ELSE IN THE AREA.

UH, JUST BECAUSE WE'RE NEW, WE'RE CLEAN, WE'RE CRISP, WE HAVE SIDEWALKS, WE HAVE GRASS, WE HAVE TREES.

UM, SO WE ARE BETTERING THE NEIGHBORHOOD.

WE'RE NOT, WE JUST CAN'T FIT ALL THE TREES ON IT.

AND WE'RE ASKING FOR HELP.

ONE.

I I HEAR YOU.

AND, AND YOU'RE PERSUASIVE.

ONE LAST QUESTION WAS ASKED IN THE BRIEFING THIS MORNING, I CAN'T REMEMBER.

IS MR. NERI, MR. HA HAKO ASKED IN THE CITY'S HISTORY, WHAT HAVE WE DONE IN THE PAST? HAVE WE DONE A FULL WAIVER OF THE MITIGATION FEE OR, UH, OR HAVE WE DONE PARTIAL? WE'VE DONE SOME AND I THINK THE ANSWER WAS GENERALLY PARTIAL, NOT A FULL WAIVER.

I'M GONNA GIVE YOU AN OPPORTUNITY TO RESPOND TO THAT.

'CAUSE YOUR REQUEST IS ALL 42,000.

CORRECT.

AND THAT'S THE

[00:20:01]

DIFFERENCE BETWEEN WHAT WE COULD PLAN ON SITE AND WHAT'S NOT.

YEP.

I UNDERSTAND THAT.

UH, IN MY EXPERIENCE, I'VE NEVER ASKED FOR THIS BEFORE.

UH, I'VE DONE ALTERNATIVE LANDSCAPING PLANS.

I'VE NEVER ASKED FOR, UH, UH, MITIGATION RELIEF AND A HUNDRED PERCENT MITIGATION.

REALLY, IT'S NOT A HUNDRED PERCENT, IT'S A HUNDRED PERCENT OF WHAT'S REMAINING.

YES.

YEAH.

BUT I'VE NEVER DONE THIS BEFORE.

OKAY.

THANK YOU.

QUESTIONS, MS. HAYDEN.

SO IT'S, IT'S A LITTLE DIFFICULT FOR US TO READ THAT LANDSCAPE PLAN.

COULD YOU, COULD YOU, UM, JUST DESCRIBE A LITTLE BIT ABOUT WHAT IS PROPOSED THERE FOR LANDSCAPING? SURE.

UH, AND I'M SORRY THAT I WELL, YOU BLOW IT UP THEN.

YOU, UH, SO IF YOU GO THAT, THAT THIS PLAN'S AN EASIER ONE TO READ IT, IT MIRRORS IT.

SO, UH, AND THIS ONE NORTH IS UP.

SO WE HAVE FIVE TREES ALONG JEFFERIES.

UH, AND AGAIN, THEY'RE NOT RIGHT, UH, BETWEEN THE CURB AND, UH, AND THE SIDEWALK LIKE NORMAL BECAUSE WE HAVE OVERHEAD POWER LINES.

AND THEN WE HAVE TWO EXISTING TREES ON PLAN LEFT HERE IN THE LACROSSE HATCH AREA.

UM, AND THEN THREE PARKING LOT TREES.

AND THEN ALONG MALCOLM X WE HAVE FOUR TREES, UH, THAT HAVE ALL BEEN PLANTED AGAIN.

UM, THOSE ARE CLOSER TO THE STREET 'CAUSE WE DON'T HAVE THE OVERHEAD POWER LINES ON THAT SIDE.

AND THESE ARE ALL TREES THAT HAVE BEEN APPROVED BY THE, THE ARBOR FOR BEING APPROPRIATE IN THEIR LOCATIONS.

OKAY.

THANK YOU.

WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR. HKA IS, UH, I THINK, IF I REMEMBER CORRECTLY, IT WAS KIND OF AN OPEN ITEM THIS MORNING AS TO WHAT WE WERE EMPOWERED TO DO WITH REGARD.

OKAY.

MR. THANK YOU, MR. BOARD ATTORNEY.

UH, THE QUESTION THAT WAS BROUGHT UP THIS MORNING WAS, UH, THE INTERPRETATION ON FROM THE CITY ATTORNEY'S PERSPECTIVE AS IT RELATES TO THE BOARD MAY GRANT A SPECIAL EXCEPTION TO THE REQUIREMENTS OF DIVISION 51, A ONE 0.130 OTHER THAN FEE AND NOTICE REQUIREMENTS.

DOES THAT HANDCUFF THE BOARD IN ITS DECISION MAKING ON THIS CASE? NO, I'M ASKING HIM.

IT DOES NOT.

THANK YOU FOR THE OPPORTUNITY TO ANSWER THIS CHAIRMAN.

SO THE, THE FEE AND THE NOTICE REQUIREMENTS THAT THE STATUTE IS REFERRING TO ARE THE FEE, UH, REQUIREMENTS TO GET IN FRONT OF THE BOARD.

SO THE APPLICATION FEES, WHICH ARE GENERALLY ADMINISTRATIVE AND NOT THE FEES THAT ARE BEING PAID INTO THE TREE MITIGATION FUND.

MR. HOFFER, DID THAT ANSWER YOUR QUESTION? I THINK ONE OF THE QUESTIONS THAT WAS BROUGHT UP THIS MORNING WAS WHETHER WE HAD THE ABILITY WAS IT WAS ALL OR NOTHING.

WHETHER IT'S ALL OR NOTHING.

OH, SO THAT'S THE SECOND QUESTION.

SO FIRST QUESTION IS SPECIFIC TO THE INTERPRET DEFINITION OF FEE.

THE SECOND QUESTION THAT CAME UP, UM, THIS MORNING, AND I'M GONNA ASK OUR BOARD ATTORNEY RESPOND TO, DOES THE BOARD OF ADJUSTED IMPLICITLY OR EXPLICITLY HAVE THE AUTHORITY TO GRANT SOME, OH, I, THE ANSWER IS WE CAN DO ALL THE ABOVE.

WE CAN DO A PORTION, 'CAUSE WE CAN MODIFY THE REQUEST.

WE CAN ACCEPT OR WE CAN REJECT, IF I REMEMBER LANGUAGE, I AGREE WITH THAT INTERPRETATION, ALTHOUGH I BELIEVE THE APPLICABLES ASKING FOR ALL 42,000.

CORRECT.

AND FURTHER, IF I'M, AND MR. IRMAN MAY CORRECT ME IF I'M INCORRECT, BUT LET'S SAY MY UNDERSTANDING THE SITUATION THAT IS HAPPEN PRESENTLY IS THERE ARE X NUMBER OF TREES OR INCHES, INCHES, X NUMBER OF INCHES OF TREES, UH, THAT THEY'RE REQUIRED TO PLANT IN ORDER TO BE COMPLIANT.

AND THEY'RE REQUESTED, HEY, WE DON'T WANNA, WE CAN'T AFFORD TO DO ALL X.

UH, WE'D RATHER PAY THE MONEY, OR THAT'S ONE OF THE OPTIONS, IS TO PAY THE MONEY SO THAT THEY DON'T HAVE TO DO X NUMBER OF INCHES OF TREES.

AND THAT WHAT THEY'RE REQUESTING IS A WAIVER OF THAT.

SO OF THE FULL AMOUNT, A WAIVER OF THE FULL AMOUNT, OR THEY COULD JUST PLANT THE TREES.

UH, CORRECT.

THEY COULD, THEY CAN MEET ANY OR ALL OF I, ESSENTIALLY THEY CAN, IF THEY CAN PLANT 219 INCHES OF TREES, THEY FULLY MITIGATE, THEY COULD ALSO DO ANY COMBINATION OF METHODS OF MITIGATION UNDER THE CURRENT ORDINANCE.

SO THE ORDINANCE IS FULLY AVAILABLE TO THEM RIGHT NOW.

BUT I THINK THE, THE FURTHER QUESTION IS MR. BOARD ATTORNEY, AND IS, IS IT WITHIN THE DISCRETION OF THE BOARD TO SAY NO, TO SAY YES TO THE ENTIRE REQUEST OR YES.

TO A PORTION OF THE REQUEST? YES, IT IS, BUT IT BECOMES INCREASINGLY DIFFICULT TO ASCERTAIN, UM, A DOLLAR PER INCH VALUE.

WELL, OF COURSE, BUT IT'S WITHIN, THE DISCRETION IS WITHIN, BECAUSE PART OF, PART OF THE BASIS OF REPEALING IS IF SOMEONE APPEALED THE DECISION IS DID WE ABUSE OUR DISCRETION? AND SO THAT'S PART OF THE JUDGMENT AND THE DECISION MAKING PROCESS OF A PUBLIC HEARING.

SO.

OKAY.

DID THAT ANSWER YOUR QUESTION? YES, SIR.

MS. HAYDEN, I JUST DID A, A QUICK CALCULATION AND 219 INCHES DIAMETER

[00:25:01]

INCHES OF TREES.

THAT'S, THAT'S WHAT IT IS, PHIL, MR. IRWIN? CORRECT.

OKAY.

SO 219 INCHES WOULD BE 1812 INCH DIAMETER TREES.

THAT'S A LOT OF TREES, .

SO I JUST WANTED TO, THERE MUST HAVE BEEN SOME BIG TREES THAT YOU GUYS TOOK OUT.

UM, JUST WANTED TO POINT THAT OUT.

ANY OTHER QUESTIONS FOR THE APPLICANT? MR. NARY? THANK YOU MR. CHAIRMAN.

YES, MR. BALDWIN.

UM, I'M RECEPTIVE TO YOUR ARGUMENT IN THIS CASE.

UM, BUT I WOULD LIKE A LITTLE BIT MORE ADDITIONAL INFORMATION.

I UNDERSTAND THAT THIS IS A CHARITY AND A HOMELESS CENTER.

UH, BUT IF YOU COULD SPEAK A LITTLE BIT MORE TOWARD YOUR ARGUMENT THAT THIS IS A FINANCIAL BURDEN FOR THIS SHELTER.

OBVIOUSLY THEY HAVE A LIMITED FUNDS.

CAN YOU GIVE ME JUST A BALLPARK CIRCA, LIKE WHAT IS THE ANNUAL BUDGET OF THE FACILITY? SO I HAVE SOME IDEA.

I, I DO NOT KNOW.

UH, I WILL TELL YOU THAT, UH, FOR WHAT IT'S WORTH, I'M DOING THIS PRO BONO TO HELP THEM, UH, YOU KNOW, NO SENSE PAYING ME TO, TO, TO HELP THEM GET SOMETHING.

IT JUST DIDN'T MAKE SENSE TO ME.

SO I, I VOLUNTEERED TO HELP THEM WITH THIS.

UH, SO, UM, I CAN, IF YOU WANNA HOLD IT AND SO I CAN GET THE BOARD, BUT $42,000 WILL GO, YOU KNOW, A LONG WAY.

RIGHT, RIGHT.

OKAY.

THAT, THAT'S GOOD.

THANK YOU SO MUCH.

I APPRECIATE THAT.

ANY OTHER QUESTIONS FOR THE APPLICANTS? IS THERE ANYONE HERE THAT HAS REGISTERED TO SPEAK IN FAVOR OF THIS REQUEST? MS. BOARD SECRETARY? NO OTHER SPEAKERS.

THERE'S NO OTHER SPEAKERS IN OPPOSITION EITHER.

OKAY.

ALRIGHT.

THANK YOU.

MR. UM, BALDWIN, UM, THE CHAIR WOULD ENTERTAIN A MOTION.

MS. HAYDEN, UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 1 3 ON APPLICATION OF BALDWIN ASSOCIATES 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 THE REQUIREMENTS OF THIS ARTICLE WILL, 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 IN THE CASE OF BDA 2 3 4 0 1 3, MS. HAYDEN HAS MOVED TO GRANT.

IS THERE A SECOND? SECOND.

IT'S BEEN SECONDED BY MR. NERI, MS. HAYDEN.

SO WHEN I LOOK AT, AT SOME OF THE CRITERIA THAT WE, WE ARE TO, UM, DISCUSS AND, AND MAKE THIS DECISION ON, UM, WILL NOT, I DON'T FEEL THAT IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY.

IT'S AN INDUSTRIAL AREA WITH VERY LITTLE EXISTING LANDSCAPING IN THE AREA.

UM, THAT, UM, THE EXTENT TO WHICH THERE IS RESIDENTIAL ADJACENCY, THERE IS NO RESIDENTIAL ADJACENCY.

UM, THE FACT THAT, LET'S SEE, THE, THE, UH, PLANT REPLACEMENT PLANTING REPLACEMENT TREES COULD IMPACT OVERHEAD POWER LINES, WHICH AFFECTS THE, THE ABILITY TO PLANT TREES SAFELY ON THE PROPERTY.

UM, AND THEN THERE'S AN UNDERGROUND DETENTION AREA AS WELL, WHICH FURTHER RESTRICTS THE, THE SITE FOR THIS PURPOSE.

MR. NEARING COMMENT ON THE MOTION.

UH, I DON'T HAVE ANYTHING FURTHER TO ADD.

JUST SECOND MS. HAYDEN'S COMMENTS.

I WOULD AGREE THE, THAT MY, I'M GONNA SUPPORT THE MOTION OF MS. MS. HAYDEN'S AND MR. NERS.

UM, PART OF MY PROBING QUESTION WENT TO THE CONDITION OF THE GEOGRAPHIC AREA.

THAT, AND GOING BACK TO OUR CRITERIA, I JUST WANT US TO BE VERY CAREFUL ABOUT CONCRETING EVERYTHING.

AND I'M NOT A GREEN SCREEN GUY, ALL THAT SORT OF THING, BUT I THINK WE HAVE TO ALWAYS LANDSCAPING APPROPRIATELY DONE THAT'S SUSTAINABLE, NOT JUST PLANT IT AND THEN THERE IT GOES.

THAT'S SUSTAINABLE IS, IS HELPS PROVIDE SOFTNESS AND CONTOURS TO OUR CONCRETE AND STEEL CITY.

SO I WILL BE SUPPORTING THE MOTION.

OTHER, OTHER COMMENTS ON THE MOTION? MR. HOROWITZ? UH, JUST A, JUST A QUESTION.

UH, I KNOW THIS IS INCLUDED IN VIRTUALLY EVERY MOTION WE VOTE ON, BUT, UM, THE COMPLIANCE WITH SUBMITTED PLANS IS, IS THE LANDSCAPING PLAN THAT'S BEEN PRESENTED TO US, US IS IT INSTALLED ALREADY? IS IT TO BE INSTALLED? IS IT MM-HMM.

? YES, YOU CAN ANSWER MR. BALDWIN.

IT'S INSTALLED.

UH, THEY'RE JUST WAITING FOR THEIR FINAL, IN FACT, I SPOKE TO MR. IRWIN AND THE LANDSCAPING PORTION HAS BEEN APPROVED.

THEY'RE JUST WAITING ON THE OUTCOME OF THIS BEFORE THEY GET THEIR FINAL CERTIFICATE OF OCCUPANCY.

ANY OTHER QUESTIONS

[00:30:01]

ON THE MOTION? THE MOTION BEFORE THE BOARD IN 2 3 4 0 1 3 IS TO GRANT THE BOARD SECRETARY WILL CALL FOR THE VOTE.

MS. DAVIS? AYE.

MR. MARY? AYE.

MS. HAYDEN? AYE.

MR. KOVI? AYE.

MR. CHAIR? AYE.

MOTION PASSES FIVE TO ZERO IN THE CASE OF BDA 2 3 4 0 1 3.

THE BOARD UNANIMOUSLY GRANTS THE REQUEST FIVE TO ZERO.

THANK YOU VERY MUCH.

THE NEXT CASE BEFORE THE BOARD OF ADJUSTMENT IS BDA 2 3 4 DASH 0 1 4 2 3 4 DASH ZERO FOUR.

THIS IS AT 4 4 6 8 TWIN POST ROAD 4 4 6 8 TWIN POST ROAD.

I'M GONNA LOOK UP AND I'LL SAY HE'S THE APPLICANT HERE.

? YES.

SOMEHOW I SAW THAT, BUT, OKAY.

UM, IF YOU, YOU, UH, YOU'RE ALREADY, I'LL CONSIDER YOU SWORN IN 'CAUSE OF THE PREVIOUS CASE THAT'S ON THE RECORD.

UH, YOU HAVE FIVE MINUTES PLUS OR MINUS TO SPEAK TO THE BOARD.

THANK YOU VERY MUCH.

ROB BALDWIN 3 9 0 4 ELM STREET, SUITE B AND I'M REPRESENTING OCCURRING, UH, THIS AFTERNOON.

THEY, THEY OWN THE HOUSE AT 4 4, 6 8 GLEN POST ROAD.

NEXT SLIDE PLEASE.

IT'S KIND OF IN NORTH CENTRAL DALLAS, UM, JUST SOUTH OF 6 3 5, WEST OF THE TOLLWAY.

NEXT SLIDE PLEASE.

AND THIS IS, UH, THE, A BLOW UP OF THEIR, THEIR HOUSE IN THEIR LOT.

AND I THINK THIS IS A VERY IMPORTANT SLIDE, UH, FOR A COUPLE REASONS.

ONE THAT SHOWS THE, THE ORIENTATION OF THE HOME, WHICH FACES ON TWIN POST ROAD.

AND IT SHOWS THAT SHRIVER DRIVE HERE IS ABOUT 450 FEET LONG.

THE DEAD ENDS INTO WORKOVER, DEAD ENDS INTO TWIN POST ROAD.

ON THE EAST SIDE, THERE IS A CHURCH, BUT THE, THE DRIVEWAYS FOR THE CHURCH ARE NOT ONTO SCHRIVER.

THEY'RE ONTO TWIN POST AND RICKOVER AND IT DEAD ENDS INTO A SCHOOL.

SO THIS IS NOT A WELL TRAVELED STREET.

THERE'S NO REASON FOR ANYBODY TO BE ON THE STREET EXCEPT TOWARD THE ACCESS SUGAR MILL ROAD AND MAYBE TWIN POSTS, BUT THERE'S MUCH EASIER WAYS TO GET ON THERE.

SO IT'S NOT A WELL TRAVELED STREET.

UH, NEXT SLIDE PLEASE.

SO THIS IS WHAT THE HOUSE LOOKS LIKE TODAY.

UH, IT'S A CORNER LOT, UH, DOESN'T HAVE TWO FRONT YARDS, BUT, UH, IT DOES HAVE AN EXISTING DRIVEWAY ONTO SCHRIER DRIVE.

NEXT, NEXT SLIDE PLEASE.

THIS IS A BLOW UP OF WHAT THAT LOOKS LIKE.

THAT THAT DRIVEWAY, IT ORIGINALLY DIDN'T CONNECT TO SHRIVER CONNECTED TO THE ALLEY, BUT THE, THE, THE PAD HAS ALWAYS BEEN IN THAT LOCATION AND THE GARAGE IS IN THAT LOCATION.

UM, AND THERE'S THE ALLEY.

SO THE DRIVEWAY'S CLOSE TO THE ALLEY AND IT HAS A TELEPHONE POLE NEXT TO IT.

NEXT SLIDE PLEASE.

AND THIS IS JUST A BLOW OVER THERE.

I'M SORRY.

THAT'S WHAT IT LOOKS LIKE TODAY.

NEXT SLIDE PLEASE.

THIS IS WHAT IT USED TO LOOK LIKE UNTIL VERY RECENTLY THERE WAS A MASON BIRD WALL IN THE SITE VISIBILITY TRIANGLE AT THE ALLEY.

UM, THE ALLEY IS, UH, FAIRLY WELL TRAVELED.

THE ALLEY PEOPLE DO TAKE ACCESS OFF IT.

THERE'S GARBAGE OFF IT.

AND SO THAT, THAT IN THE FUTURE IN THE PAST WAS, UH, I DON'T KNOW HOW IT GOT THERE, BUT IT'S NOT THERE ANYMORE.

BUT THERE WAS A WALL THERE.

NEXT SLIDE, PLEASE.

HERE'S WHAT WE'RE PROPOSING TO DO.

WE'RE GONNA CLOSE THE, THE DRIVEWAY COMING OFF THE ALLEY, TAKE ACCESS OFF OF SHRIVER AND PUT A FENCE UP THERE.

NEXT SLIDE PLEASE.

AND, UH, KINDA HARD TO SEE THIS IS, UH, THE SOUTHERN THIS, UNFORTUNATELY THE PLANS UPSIDE DOWN.

SO, UH, THIS IS PLAN NORTH IS ACTUALLY SOUTH.

WE, WE TOTALLY COMPLY WITH THE SITE VISIBILITY TRIANGLE AT THE ALLEY.

WE HAVE ANGLED FENCE ALONG THE 20 FOOT, UH, SITE VISIBILITY TRIANGLE.

SO THERE'S NO ENCROACHMENT.

THE SITE VISIBILITY TRIANGLE ON THE ALLEY WHERE, WHERE THE TRUCKS COME AND GO.

NEXT SLIDE PLEASE.

WE DO HAVE, UH, A ENC.

OKAY.

YEAH.

THIS SHOWS HOW WE COMPLY WITH THE, WITH THE ALLEY SITE VISIBILITY TRIANGLE.

THE GREEN IS THE LOCATION OF THE FENCE.

GO.

NEXT SLIDE.

SO THIS IS THE SOUTHERN DRIVEWAY.

UH, WE ARE, WE HAVE A SEVEN FOOT 10 INCH ENCROACHMENT INTO THE, UH, SIDE VISIBILITY TRIANGLE FROM OUR DRIVEWAY, UH, ON THE, ON THE SOUTH.

AND THEN WE HAVE ONE ON THE NORTH, WHICH I'LL GET TO IN JUST A SECOND.

UM, BUT AS YOU'LL SEE, WE HAVE A LOT OF ROOM BETWEEN THE PROPERTY LINE AND THE, AND THE ACTUAL CURB LINE, THE DRIVER DRIVE.

AND, UH,

[00:35:01]

WE'RE, WE'RE TAKING TRAFFIC OFF THE MORE HEAVILY USED ALLEY AND PUTTING ON A DRIVEWAY WHERE ONLY TWO PEOPLE WILL BE USING THE, THE, THE, THE DRIVEWAY TO ACCESS THE SITE.

UH, NEXT SLIDE PLEASE.

SO THIS IS THE, THE OTHER ALLEY AND, AND THAT GOES APPROXIMATELY, I'M SORRY, EIGHT FEET INTO IT.

NOW, DOES IT SHARBER DRIVE IS NOT HEAVILY TRAVELED.

UM, WHAT WE'RE PROPOSING IS, UH, MR. NAVARRO DID NOT HAVE AN OBJECTION TO IT OR SEE IT AS A PROBLEMATIC, AND I, I THINK IT'S BETTER THAN WHAT WAS THERE PREVIOUSLY.

NEXT SLIDE, PLEASE.

WELL, LET'S GO THROUGH THESE QUICKLY THERE.

THIS IS JUST TO SHOW THAT IF YOU CAN JUST SCROLL THROUGH THESE IN THE NEIGHBORHOOD, IT'S NOT UNCOMMON TO HAVE, YOU'RE FINE ON YOUR TIME.

JUST PROCEED.

OKAY.

IT'S NOT UNCOMMON TO HAVE THESE SITUATIONS IN, IN THE NEIGHBORHOOD.

UM, WE, UH, DONE EVERYTHING WITH PERMITS.

WE'VE NOT FILED FOR A FENCE PERMIT.

WE DID NOT PUT A FENCE UP, UH, WITHOUT A PERMIT 'CAUSE WE'RE WAITING TO, TO SEE HOW THIS COMES ALONG.

UH, NEXT SLIDE PLEASE.

SO, UH, WE HOPE THAT YOU CAN SUPPORT THIS.

WE HOPE THAT, UH, YOU, YOU CAN, UH, GIVE SOME CREDENCE TO MR. NAVARRO'S, UH, OPINION THAT THERE, THERE'S REALLY NOT A SAFETY ISSUE HERE BECAUSE I KNOW HOW HARD IT IS FOR HIM TO, TO GO THERE.

AND AS YOU KNOW, HE, HE DOESN'T DO THAT VERY OFTEN.

UM, I HOPE YOU CAN SUPPORT THIS.

I'M HERE TO ANSWER YOUR QUESTIONS AND I WOULD LIKE TO, UH, TURN IT OVER TO MR. CURRY.

HE HAS A FEW WORDS TO SAY AS WELL, IF THAT'S OKAY.

UM, SURE, CERTAINLY.

UH, WELL HOLD ONE SECOND.

ANY QUESTIONS FOR THE APPLICANT? SO THIS, YOU ARE SAYING THERE'S A SUBSEQUENT SPEAKER REGISTERED MS. BOARD SECRETARY.

OKAY.

IN FAVOR? YES, I ASSUME SO.

OKAY.

ALRIGHT, SO QUESTIONS FOR THE APPLICANT AT THIS TIME, MS. HAYDEN.

UM, COULD YOU GO BACK TO THAT MAP THAT SHOWS SCHRIER DRIVE? AND I KNOW YOU MENTIONED THAT IT'S NOT A VERY HEAVILY TRAVELED STREET, BUT I JUST WANTED TO SEE THE MAP AGAIN JUST TO, SO I CAN SEE THE EXTENT OF IT.

YES.

UH, SLIDE THREE, KEEP GOING.

AN ARIEL, HERE WE GO.

THERE YOU GO.

SO SCHREIBER, IS THAT ONE THAT JUST GOES BETWEEN TWIN POST AND RICKOVER? THAT'S RIGHT.

OKAY.

THANK YOU.

OTHER QUESTIONS FOR THE APPLICANT? OKAY, SO, UH, DO WE HAVE OTHERS? HOW MANY OTHERS DO WE HAVE? SPEAKING IN FAVOR, MR. LINS QUERY.

OKAY.

IS THAT THE PERSON YOU JUST REFERENCED? YES, SIR.

OKAY.

WOULD THAT GENTLEMAN PLEASE COME FORWARD? IF YOU WOULD GIVE US, UH, YOU, IF YOU GIVE US, UH, IF YOU WOULD BE SWORN IN BY OUR BOARD SECRETARY AND THEN GIVE US YOUR NAME AND ADDRESS.

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

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

UH, MY FULL NAME IS DAVID LANCE CURRY.

I GO BY MY MIDDLE NAME LANCE.

UH, AND I LIVE AT 4 4 6 8 TWIN POST, WHICH IS THE, UM, UH, THE HOUSE ON THE SOUTHWEST CORNER BETWEEN SCHREIBER AND TWIN POST ON THE MAP THAT YOU SEE RIGHT THERE.

UM, AND, UH, MAY I PROCEED, MR. CHAIRMAN? I'M SORRY, MAY I PROCEED? MR. CHAIRMAN, PLEASE.

UM, ONE, JUST THANK YOU SO MUCH FOR YOUR SERVICE AND FOR YOUR WILLINGNESS TO DO THIS.

I HAVE LEARNED A, A WHOLE NEW PROCESS IN THE CITY OF DALLAS THAT I DID NOT UNDERSTAND.

SO, UH, I'M THANKFUL FOR THAT.

UH, WE PURCHASED THIS HOME, UH, I BELIEVE WE CLOSED IN MAY OF 2022.

WE RENOVATED IT.

WE LIVED ON HARVEST HILL, WHICH IS JUST REAL CLOSE TO HERE, UH, AND RENOVATED THIS.

UM, AND, UH, ONE OF THE THINGS THAT WE DID, THE ORIGINAL HOUSE, UH, EXITED INTO THE ALLEY AND IT WAS A VERY SHARP AND DIFFICULT TURN.

SO WE THOUGHT WE'D MAKE IT EASIER FOR OURSELVES AND ALSO CREATE A LITTLE SET, UH, CONNECTION BETWEEN THE SIDE YARD THAT'S ON THE EAST SIDE OF THE PROPERTY AND THE BIG BACKYARD.

SO WHERE IT DIDN'T FEEL LIKE TWO TOTALLY SEPARATE PLACES, UH, BY, UH, TURNING THE DRIVEWAY AND, AND, UH, TURNING THE, EXCUSE ME, THE, UM, THE GARAGE TO THE STREET.

AND SO THAT'S WHAT WE DID.

UH, THERE WAS A WHITE BRICK FENCE THERE, WHICH YOU'VE, UH, UM, SEEN BEFORE A WHITE BRICK WALL.

AND, UH, WE, UM, UH, LEARNED, UH, OUR ORIGINAL INTENT OF JUST PUTTING THE FENCE BACK UP WHERE THE WALL WAS.

UH, WE NOW KNOW THAT THERE'S VISIBILITY TRIANGLES.

IT'S A WHOLE NEW AREA THAT I'VE LEARNED.

UM, UH, OUR INTENT IS TO COMPLY WITH THE VISIBILITY TRIANGLE IN THE ALLEY.

UH, NOT A 10.

I MEAN, THAT'S WHAT THE PLANS ARE TO DO.

UH, BUT BECAUSE THAT'S THE ONE THAT HAS TRAFFIC AND PEOPLE ON IT.

UH, BUT WE WANTED TO BE ABLE TO HAVE AN ADJUSTMENT OR AN EXCEPTION FOR JUST THE DRIVEWAY.

UH, AND THE PRIMARY REASON FOR THAT IS SAFETY.

UH, ONE OF THE, SEVERAL OF THE PICTURES YOU SAW SAW THE BASKETBALL GOAL.

IT'S ON TOP OF THE, UH, BILL.

MY SON IS 11, UH, AND HE LOVES BASKETBALL AND HE PLAYS BASKETBALL ALL THE TIME.

AND WE REALLY WANT TO BE ABLE TO LET HIM GO AND PLAY OUT THERE WITHOUT US HAVING TO SUPERVISE AND TO BE ABLE TO, UH, WATCH HIM.

SO THAT'S THE PRIMARY MOTIVATION, SO

[00:40:01]

THAT WHEN WE HAVE KIDS AND FRIENDS OVER, WE CAN KEEP THAT GATE CLOSED AND THEY CAN PLAY ON THE DRIVEWAY AND PLAY THE SIDE YARD.

UM, AND SO THAT'S WHY WE'RE ASKING FOR AN ADJUSTMENT IS JUST SO THAT WE CAN MAKE SURE THAT WE CAN KEEP OUR KIDS SAFE AS WE CAN.

UH, AND THEN, UH, BEYOND THAT, I, I, THIS WAS A GREAT OPPORTUNITY TO GO MEET OUR NEIGHBORS.

AND SO WE WENT AND KNOCKED ON DOORS AND SAID, THIS IS WHAT WE'D LIKE TO DO.

AND THANKFULLY NO ONE HAD ANY CONCERNS ABOUT IT.

I'M HOPEFUL SOME SUBMITTED SOME STATEMENTS, THEY INDICATED TO US THAT THEY WOULD, UH, AND SO WE'RE THANKFUL FOR THAT.

UM, AND THEN THE ONLY OTHER THING THAT MIGHT BE INTERESTING TO YOU, IF YOU GO BACK TO THE MAP, WHICH IS SLIDE THREE, UH, WHAT THAT BUILDING IS, UM, UH, THAT'S ON THE, THE BIG BUILDING THERE.

THAT'S THE GROVE CHURCH.

UH, AND IT DOESN'T HAVE A, A USED TO HAVE A SCHOOL THERE.

IT WAS A SCHREIBER, UM, UH, PRESCHOOL.

UH, BUT NOW IT DOESN'T HAVE THAT.

SO IT ONLY REALLY HAS, UH, ANYBODY PARKING IN THAT LOT OR, OR GOING THERE ON SUNDAYS.

UM, I DON'T KNOW IF THAT MATTERS OR NOT, BUT WANTED YOU TO JUST SORT OF HAVE A SENSE OF THE .

I'VE NEVER DONE THIS BEFORE, BUT IF THERE'S ANY OTHER THINGS YOU NEED TO ASK ME, MR. CHAIRMAN, OR ANYTHING I COULD ANSWER, PLEASE LET ME KNOW.

YOU'RE SPOT ON.

UH, ANY QUESTIONS FOR THE SPEAKER? MS. HAYDEN? I THINK I HEARD, UM, MR. BALDWIN SAY EARLIER THAT THE DRIVEWAYS TO THAT CHURCH ARE OFF OF TWIN POST AND WELCH, BUT NOT OFF OF SCHREIBER.

I BELIEVE THERE IS ONE IN THE VERY CENTER.

OKAY.

UM, KIND OF BETWEEN SUGAR MILL ROAD AND THE ALLEY.

OKAY.

I BELIEVE THERE'S ONE RIGHT THERE.

BUT NOT ADJACENT TO YOUR PROPERTY? NOT DIRECTLY ACROSS FROM OUR PROPERTY.

OKAY.

THANK YOU.

ARE THERE QUESTIONS FOR THE SPEAKER? MR. HOP? DOES, UM, SO YOU'RE, SO THE REASON WHEN YOU TOOK THE MASONRY WALL DOWN, UM, THAT WAS, THAT WAS NECESSARY IN ORDER TO REPOSITION HOW THE GARAGE WAS ALIGNED, IS THAT WELL, TO, THERE WAS NO DRIVEWAY THERE THAT WAS JUST PART OF THE YARD.

AND SO WHEN YOU TURNED IT, YOU HAD TO MAKE A HOLE IN THE MASONRY WALL.

AND ONCE WE DID THAT, IT JUST BECAME SMARTER TO US TO JUST PUT A FENCE UP THAT MATCHED, UM, THAN TO LEAVE A SORT OF CORNER THERE.

UM, AND, AND QUITE FRANKLY, WE DIDN'T REALIZE THAT THAT WAS AN ISSUE UNTIL WE TOOK IT DOWN AND THEN NOW IT'S BEEN DOWN FOR SEVERAL MONTHS AND, UH, PEOPLE CAN MOVE TO OUR WINDOWS, BUT THAT'S OKAY.

SHE, SHE DIDN'T ACTUALLY RECONSTRUCT THE GARAGE IN A DIFFERENT ORIENTATION THAT IT'S THE SAME AS IT WAS? NO, IT WAS ORIENTED TO THE ALLEY AND IT TURNED AND OUT ORIENTED TO THE STREET, TO THE SAME PAD SITE.

BUT I THINK HE SAID BEFORE IT WAS THE SAME PAD SITE.

WELL, THE, THE, OH, YES, THAT IS CORRECT.

THE ONLY WHEN YOU BUILD, SO ORIGINALLY IT WAS NOT A GARAGE, IT WAS A, UM, CARPORT, UH, THAT HAD, THAT WAS THE DRIVEWAY.

AND SO WE WANTED A GARAGE.

AND SO IT'S IN THE SAME LOCATION AS THE DRIVEWAY, BUT YOU HAVE TO BUILD, THE GARAGE IS BIGGER AND SO YOU HAVE TO BUILD THE, YOU KNOW, FOUNDATION AND THINGS.

THOSE ITEMS WEREN'T THERE, BUT IT'S IN THE SAME LOCATION.

SO THEN, AND THEN THE REASON YOU'RE WANTING THE FENCE TO GO FURTHER THAN WHERE THE MASONRY WALL WAS, WAS FOR THE PROTECTION OF YOUR SON.

HE'S OUT THERE.

IT'LL ACTUALLY GO LESS THAN WHERE THE MASONRY WALL WAS BECAUSE, UM, IF YOU CAN GO BACK TO A DRAWING, UM, UH, THE MASONRY WALL, UM, UM, WELL IF YOU GO THAT I THINK ZOOMED IN, IT'S THE NEXT ONE THERE.

UM, SO SEE THE DOTTED LINE THAT IS SQUARED OFF, THAT'S WHERE THE MASONRY WALL WAS.

AND WE'RE GONNA INSTEAD CHOP THAT CORNER OFF TO HONOR THE VISIBILITY TRIANGLE IN THE ALLEY.

SO IT WILL ACTUALLY IMPROVE WHAT WAS THERE WHEN WE BOUGHT THE HOUSE.

AND TO, THERE WAS NO VISIBILITY TRIANGLE THAT WAS HONORED THERE AND NOW IT WILL BE HONORED.

THANK YOU.

I'VE GOT, UM, MS. DAVIS AND THEN MR. NER, DID YOU HAVE SOMETHING MR. NER TOO? MS. DAVIS, GO AHEAD.

SO I JUST WANNA CLARIFY, WE'RE LOOKING, WE'RE TALKING ABOUT TWO VISIBILITY TRIANGLES.

ONE IS AT THE DRIVEWAY, ONE IS IN THE ALLEY.

DID YOU MENTION THAT YOU WERE TRYING TO MAKE THE ONE IN THE ALLEY COMPLIANT? BECAUSE I GOT A LITTLE CONFUSED.

YES.

SO, UM, IF YOU GO BACK ONE SLIDE, UM, I BELIEVE I JUST SAW IT A DARKER SHADE.

UH, CAN YOU GO BACK ONE SLIDE? I'M NOT SURE WHO HAS THE POWER TO DO THAT.

SAY THAT CLOSER TO THE MIC.

CAN YOU GO BACK? UH, CAN, THANK YOU MS. DAVIS'S QUESTION.

MM-HMM.

WAS SPEAKING TO, IS THERE TWO VISIBILITY TRIANGLE CHALLENGES OR JUST ONE? SO THERE, THERE ARE TWO.

I UNDERSTAND , RIGHT? SO, SO SEE THE DARK TRIANGLE THERE, THAT IS THE VISIBILITY TRIANGLE OFF OF THE ALLEY.

YES.

THEN THERE ARE THE TWO LIGHTER TRIANGLES, ONE OF WHICH IS PARTIALLY OBSCURED BY THE BOTTOM OF THE SCREEN.

THOSE ARE THE TWO VISIBILITY TRIANGLES OFF OF THE DRIVEWAY.

OUR PROPOSAL IS TO HONOR THE TRIANGLE IN THE ALLEY.

AND SO WE'RE THE ONLY ONES WE ARE ASKING FOR ADJUSTMENT ARE ADJUST THE DRIVEWAY WHERE MY WIFE AND I ARE THE ONLY TWO DRIVERS THAT WILL BE TWO DRIVEWAYS, TWO TRIANGLES, ONE DRIVEWAY, ONE REQUEST.

GOT IT.

BOTH, BOTH SIDES OF THE, OF THE DRIVEWAY.

OKAY.

MR. NARY, MS. DAVIS, I'M SORRY, I HAVE A COUPLE FOLLOW UP REAL QUICK.

PLEASE, PLEASE.

SO WHAT IS, WHAT'S THE DISTANCE BETWEEN THE EDGE OF THE DRIVEWAY TO THE ALLEY? DO YOU KNOW THAT, HOW FAR AWAY IS IT FROM THE OPENING OF THE DRIVEWAY ON THE LEFT SIDE TO THE ALLEY? IF I'M FACING, FACING THE

[00:45:01]

GARAGE, I'M JUST TRYING TO FIGURE OUT HOW FAR, HOW FAR IN IT IS.

DOES THAT MAKE SENSE? UM, SO IF, IF YOU'RE TALKING ABOUT, UM, SO THIS IS THE TOP OF THE MAP IS THE, IS THE SOUTH, RIGHT? SO IF YOU'RE TALKING ABOUT FROM THE SOUTH SIDE OF THE PROPERTY LINE MM-HMM.

TO THE DRIVEWAY.

YES.

I DON'T, I BELIEVE IT'S ABOUT 10 FEET, BUT I'M NOT A HUNDRED PERCENT POSITIVE.

OKAY.

OKAY.

IF I CAN ANSWER A QUESTION YOU DIDN'T ASK THAT MAYBE RELEVANT AS WELL.

UM, WHICH IS, UM, THE, THE DISTANCE FROM THE FENCE TO THE STREET I BELIEVE IS 12 FEET.

SO MOST OF A CAR WILL BE ABLE TO SEE BEFORE YOU ACTUALLY PULL.

OKAY.

THANK YOU.

MR UH, DAVIS.

UH, MR. NEARING.

THANK YOU MR. CHAIRMAN.

YEAH, I JUST WANTED TO THANK YOU FOR, UH, CLARIFYING, UH, WITH REGARD TO THE SITUATION OF THE CHURCH AND THE SCHOOL ACROSS THE STREET.

THAT WAS MY BIG CONCERN WAS TRAFFIC AND EVEN PEDESTRIAN ISSUES COMING IN AND OUT OF THE CHURCH, BUT SEEING AS THE POINTS OF INGRESS AND EGRESS ARE NOT EVEN ON SHRIVER, UM, THAT USSU MY CONCERN.

SO THANK YOU FOR ADDRESSING THAT.

AND I DO WANT TO CLARIFY, I DO BELIEVE THERE IS ONE INGRESS AND EGRESS ON SCHREIBER IN THE MIDDLE, BUT IT'S NOT ACROSS FROM MY DRIVEWAY.

DOES THAT MAKE SENSE? SO I JUST WANNA MAKE SURE THAT THAT'S, I DON'T WANNA GIVE YOU THE IN IN INPRO IMPROPER IMPRESSION.

UM, ALRIGHT, WHAT OTHER QUESTIONS FOR THE APPLICANT OR THE SPEAKER? MS. BOARD SECRETARY, DO WE HAVE ANY OTHER SPEAKERS REGISTERED ON THIS CASE? NO, THE SPEAKERS REGISTER.

OKAY.

THANK YOU.

THANK YOU SIR.

WE APPRECIATE IT.

ALRIGHT, WE'RE GONNA PAUSE FOR ONE SECOND.

THE BOARD OF ATTORNEYS ADVISED ME THAT HE MAY WANT TO MODIFY ATTENTION, POTENTIAL MO A MOTION LANGUAGE.

SO GIVE US A SECOND.

SO FOR HIM TO BE ABLE TO DECIDE WHAT HE WANTS TO RECOMMEND PRESENTLY, THE MOTION, UH, THANK YOU CHAIRMAN.

PRESENTLY THE MOTION READS THAT, UH, THIS IS TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY VISIBILITY TRIANGLE ONTO SCHREIBER DRIVE.

SO MY UNDERSTANDING WAS THIS WAS THE ALLEY THAT GOES INTO SCHREIBER DRIVE AND THAT IS THE VISIBILITY TRIANGLE THAT WAS IN QUESTION, BUT FROM THEIR TESTIMONY, THAT SEEMS TO NOT BE THE CASE.

AND THAT IT IS THE DRIVEWAY GOING ONTO THE ALLEY DRIVEWAY GOING ON THE SCHREIBER.

YOU OKAY? THEN, THEN, THEN THIS LANGUAGE WILL SUFFICE.

OKAY, THANK YOU.

THANK YOU FOR YOUR CLARIFICATION.

UM, ANY OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION.

MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 0 1 4 LOCATED AT 44 68 TWIN POST ROAD ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE ONTO SCHREIBER DRIVE AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

IN THE CASE OF 2 3 4 0 1 4, MS. DAVIS HAS MOVED TO GRANT THE REQUEST.

IS THERE A SECOND? I'LL SECOND.

MS. HAYDEN HAS SECONDED THE MOTION DISCUSSION ON THE MOTION.

MS. DAVIS, I THINK WITH ANY VISIBILITY TRIANGLE, WE'RE CONCERNED ABOUT SAFETY AND IT LOOKS LIKE THIS NEW FENCE IS ACTUALLY GONNA BE SAFER THAN YOUR PREVIOUS FENCE BECAUSE YOU'RE BRINGING IT IN A LITTLE BIT.

SO I'M NOT CONCERNED ABOUT THE PART OF THE DRIVEWAY THAT'S GOING TO BE IN THAT VISIBILITY TRIANGLE, WHICH IS WHY I'M SUPPORTING THIS MOTION.

MS. HAYDEN? UM, I AGREE I'M, YOU KNOW, I'M A STICKLER FOR THE VISIBILITY TRIANGLE, BUT IN THIS CASE, YOU GUYS DID A A REALLY GOOD JOB WITH YOUR PRESENTATION, SO I APPRECIATE THAT.

IT MADE IT PRETTY CLEAR THAT SCHREIBER DRIVE IS A VERY SHORT STREET, WHICH PROBABLY HAS VERY LITTLE TRAFFIC AS MENTIONED.

AND THEN THE FACT THAT THE DISTANCE YOU HAVE 12 FEET FROM THE, UH, EDGE OF THE, THE FENCE TO THE EDGE OF THE PAVEMENT OF SHRI, THAT'S HELPFUL INFORMATION AS WELL.

UM, SO IN THAT CASE, UM, I DO NOT BELIEVE THAT THIS WILL CONSTITUTE A TRAFFIC ATTORNEY.

THANK YOU, MS. HAYDEN.

UM, MY COMMENTS IS, I AM GONNA SUPPORT THE MOTION THAT IS PROPOSED.

UM, I WANNA REMIND THE BOARD AND THE PUBLIC THAT WHEN WE APPROVE SOMETHING, WE APPROVE IT TO THE PROPERTY, NOT THE PROPERTY OWNER, NOT TO THE RENTER, NOT TO THE VISITOR.

WE APPROVE, UH, WE'RE GIVING A RIGHT TO THE PROPERTY.

SO ALTHOUGH YOU ARE ONLY TWO DRIVERS NOW AND YOUR SON'S PLAYING BASKETBALL, AND I VERY MUCH APPRECIATE THAT THIS IS A PROPERTY, RIGHT? WE'RE VESTING.

AND SO PART OF OUR, UH, AND THIS IS THE SAME THING IN THE PLANNING COMMISSION, PART OF OUR RESPONSIBILITY IS TO LOOK LONG TERM INTO SEEING WHAT PROPERTY, RIGHT? WE'RE BASICALLY VESTING HERE.

AND WHAT WE'RE VESTING IS, UH, WE'RE, WE'RE WE'RE SAYING BY JUDGMENT, WE DON'T HAVE A TRAFFIC HAZARD.

[00:50:01]

AND, UH, BUT IT'S A, IT'S A PERMANENT THING THAT WE'RE VESTING, UH, TO A PROPERTY.

SO, UM, THAT'S NOT PUSHING BACK ON YOU, SIR, OR YOUR SPOUSE OR YOUR SON.

IT'S JUST, I ALWAYS THINK IN TERMS OF, OKAY, NO MATTER WHAT, WHAT IF FOUR CARS OR THREE CARS OR WHATEVER, I HAVE TO THINK IN TERMS OF WHAT THE, THE PROPERTY RIGHT? THAT WE ARE ESSENCE GRANTING.

SO I'LL, I'LL BE SUPPORTING THE MOTION.

UH, WELL PRESENTED AND ARTICULATED.

SIR, THANK YOU FOR BEING HERE AND YOUR PATIENCE.

UM, ANY OTHER QUESTION, ANY OTHER COMMENTS ON THE MOTION TO GRANT? MR. HOP IS, I WOULD JUST NOTE THAT, UM, THE ONE VISIBILITY TRIANGLE IMPAIRMENT THAT'S GOING TO REMAIN COMING OUT OF THE DRIVEWAY, UM, THE FACT THAT WE'RE GRANTING PERMISSION TO, UH, TO WAIVE THAT AT THIS TIME DOESN'T ABSOLVE ANY LIABILITY TO BE CAUTIOUS WHEN YOU'RE PULLING IN AND OUTTA THE DRIVEWAY.

HENCE THE COMMENT BY MS. HAYDEN THAT SHE'S A STICKLER.

ONE OF THE BEAUTIES.

THANK YOU MR. BAHA.

ONE OF THE BEAUTIES OF SERVING AS A VOLUNTEER AND A BOARD LIKE THIS IS THAT THE, THROUGH THE MAYOR AND THE CITY COUNCIL AND APPOINTING PEOPLE TO THE BOARD OF ADJUSTMENT, THE PLANNING COMMISSION, YOU DRAW PEOPLE FROM ALL PARTS OF THE CITY, ALL PARTS OF LIFE EXPERIENCES, ALL PARTS OF PERSPECTIVE.

AND IN SEEING EACH OF THE PANELS OPERATE, YOU SEE EXPERTISE COME FORWARD.

UH, AND SHE, MS. HAYDEN JOKED ABOUT HOW SHE'S A STICKLER FOR THE VISIBLY TRIANGLE AND THAT'S BECAUSE WOW, SHE HAS LIFE EXPERIENCES THAT HELPS HER HELP US UNDERSTAND THAT AND EACH ONE OF US BRING THAT DIFFERENT PERSPECTIVE.

UM, SO IT'S VERY MUCH APPRECIATED THAT YOU'RE YOU BEING A STICKLER IN EACH ONE OF US IN OUR PARTICULAR THING.

AND THAT'S THE BEAUTY OF BEING APPOINTED FROM THE CITY COUNCIL FROM ACROSS THE CITY, NOT ONE PARTICULAR NEIGHBORHOOD.

WITH THAT BEING SAID, UM, THE MOTION ON THE FLOOR IN 2 3 4 0 1 4 IS TO GRANT THE REQUEST.

THE BOARD SECRETARY WILL CALL THE VOTE.

MR. HAWLEY? YES, MR. MARY? AYE.

MS. DAVIS? AYE.

MS. HAYDEN AYE.

MR. CHAIR? YES.

MOTION PASSES 5 2 0 IN THE MATTER OF BDA 2 3, 4 4, THE BOARD GRANTS BY A VOTE OF FIVE TO ZERO UNANIMOUSLY.

THANK YOU VERY MUCH.

THANK YOU VERY MUCH.

THANK YOU.

THE NEXT ITEM ON OUR AGENDA IS BDA 2 3 4 DASH ZERO SIX BDA 2 3 4 0 16.

THIS IS AT 2 5 1 1 JORDAN VALLEY ROAD.

IS THE APPLICANT HERE? I CAN'T HEAR YOU.

HELLO? GOOD AFTERNOON.

GOOD AFTERNOON.

UM, IF YOU WOULD PLEASE, UH, FIRST OF ALL, HOW MANY SPEAKERS DO WE HAVE FOR THIS CASE? JUST ONE SPEAKER, JUST THE APPLICANT.

OKAY, VERY GOOD.

SO SIR, IF YOU WOULD BE SWORN IN BY OUR BOARD SECRETARY AND THEN, UM, YOU'LL HAVE FIVE MINUTES, UH, TO ADDRESS THE FIVE MINUTES PLUS OR MINUS TO SPEAK TO THE BOARD.

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.

MY NAME'S ARTURO MUNOZ.

AND UH, MY ADDRESS IS 25 11 JORDAN VALLEY ROAD, DALLAS, TEXAS.

PROCEED, SIR? YES.

SO, UM, BASICALLY, UM, ABOUT EIGHT MONTHS AGO, UM, WE HAD, UH, SEVERAL ACCIDENTS HAPPEN AT OUR DRIVEWAY, UH, ON THE STREET AND, UH, EVENTUALLY HIT OUR DRIVEWAY, UM, TO WHERE IT CAUSED, UH, DAMAGE TO OUR CONCRETE AND ALL THAT.

SO WE DECIDED, MY WIFE AND I, WE DECIDED TO BUILD A WAVE, A FENCE.

WE HAD A CHAIN IN LINK FENCE, UH, AT THAT POINT.

SO WE DECIDED TO BUILD A, YOU KNOW, STRONGER, UH, MORE DURABLE, UH, FENCE AND GATE.

UM, SO WE DID, UH, WE DID AN IRON.

UH, SO WHEN WE, UH, WHEN WE PLANNED FOR IT, UM, SINCE WE LIVE OUTSIDE CITY LIMITS, I DIDN'T KNOW THAT I HAD TO GET A SPECIAL PERMIT FOR THE FENCE OR FOR THE GATE.

SO WE WENT ON AND STARTED BUILDING IT.

UM, SO THEN THE CITY, THE CITY, UH, TOLD US THAT WE NEEDED, YOU KNOW, PERMIT FOR THAT SINCE IT WAS GONNA BE TALLER THAN FOUR FOOT.

SO THE FENCE RIGHT NOW IT'S AT FIVE FOOT AND THEN THE, THE, THE GATE IT'S AT SIX, SIX FEET, THE TALLEST POINT.

SO, UM, AND ANOTHER REASON WHY WE WE DECIDED TO DO A TALLER FENCE OR GATE

[00:55:01]

WAS BECAUSE OF THE, YOU KNOW, THERE'S A LOT OF CRIMES, YOU KNOW, HAPPENING IN OUR, IN OUR NEIGHBORHOOD.

UM, A LOT OF, UH, UH, I HAVE SEVERAL PICTURES HERE ON MY PHONE.

I DON'T KNOW, I DON'T THINK YOU GUYS WILL BE ABLE TO SEE IT, BUT, UM, WE JUST FEEL, YOU KNOW, NOT SO SAFE.

IT DIDN'T FEEL AS SAFE WHEN WE HAD THE PREVIOUS, UH, FENCE.

SO, UH, AND ALSO WE HAVE A DOG, UM, AND HE WAS, HE KEPT JUMPING OVER THE FENCE AND ALL THAT.

SO THAT'S WHY WE DECIDED TO BUILD A, A TALLER FENCE.

BUT LIKE I SAID, WE DIDN'T KNOW THAT WE, THAT WE HAD TO GET LIKE A SPECIAL PERMIT, NOT ONLY A PERMIT, BUT A, YOU KNOW, A SPECIAL PERMIT FOR, UH, UM, FOR THE HEIGHT.

SO, UM, I'M REQUESTING IF YOU GUYS COULD HELP US OUT WITH THAT, YOU KNOW, TO PROVING THE, THE, UH, DEFENSE HEIGHT.

THANK YOU, SIR.

UH, QUESTIONS FROM THE BOARD FOR THE APPLICANT? I'VE GOT MS. HAYDEN, THEN MS. DAVIS.

MS. HAYDEN, UM, I THOUGHT I HEARD YOU SAY YOU WERE OUTSIDE OF THE CITY LIMITS OF DALLAS, THAT YOU'RE NOT IN THE CITY OF DALLAS.

YEAH, SO BASICALLY THAT'S, THAT'S THE THING THAT KIND OF THREW US OFF BECAUSE SINCE WE'RE WE'RE OUTSIDE OF THE CITY LIMITS, UM, IT SAID NO RESTRICTIONS, RIGHT? SO THAT'S WHY WE DECIDED TO BUILD THE DEFENSE.

SO WHY IS THE CITY, UH, I MEAN, IS THE CITY ENFORCING SOMETHING THAT'S OUTSIDE OF THE CITY LIMITS? IS THAT APPROPRIATE? MS. FORD? I, I THINK THAT'S WHAT IT IS.

UH, MS. FORD ADMINISTRATOR, WHAT IS YOUR, WHAT IS YOUR ADDRESS, YOUR OFFICIAL ADDRESS IN FULL 25 11 JORDAN VALLEY ROAD, DALLAS, SEVEN, FIVE.

BINGO.

YOU JUST SAID DALLAS.

OKAY, SO THAT'S CITY.

OKAY.

I'M NOT TRYING TO TRAP YOU, I'M JUST SAYING RIGHT, NO, I UNDERSTAND.

AND I ALSO, BEFORE WE STARTED BUILDING ANYTHING, WE CALLED THE, THE UNDERSTOOD THE, THE BUILDING IN PLACE AND THEY SAID NO RESTRICTIONS SO WELL, BUT, YOU KNOW, SO DEPENDS ON WHO, DEPENDS ON WHO YOU ASK THE QUESTION TO AS TO WHO'S GONNA ANSWER NO RESTRICTIONS.

OKAY.

MS. HAYDEN STILL HAS THE FLOOR.

JUST A SECOND.

OKAY.

IT SOUNDS LIKE IT IS WITHIN THE STATE LIMITS OF DALLAS.

YES.

OKAY.

OKAY.

ANYTHING ELSE ON THAT QUESTION? MS. HAYDEN? MS. DAVIS, HOW TALL WAS YOUR PREVIOUS FENCE? IT WAS FOUR FOOT.

OKAY.

AND DO YOU HAVE A FENCE IN YOUR BACKYARD? UH, YES.

IS THAT TALLER THAN THE ONE THAT'S IN YOUR FRONT YARD? UH, YES, IT'S A SIX FOOTER.

OKAY.

WITH WOOD FENCE.

UM, YOU MENTIONED THAT YOUR DOG WAS JUMPING OVER THE, THE FENCE AT FOUR FEET.

HAD YOU CONSIDERED KEEPING YOUR DOG IN THE BACKYARD SO THAT HE COULDN'T