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I'M SHERRY GABO AND I'M HONORED TO SERVE[Board of Adjustments: Panel B on February 21, 2024.]
AS THE VICE CHAIR OF THE BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF PANEL B.TODAY IS WEDNESDAY, FEBRUARY 21ST, 2024, AND THE TIME IS ONE OH TWO.
AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING IN PERSON AND ON VIDEO, A QUORUM, WHICH IS A MINIMUM OF FOUR OUT OF FIVE OF OUR PANEL MEMBERS IS PRESIDENT.
AND THEREFORE WE CAN BEGIN THE MEETING.
I'LL TAKE A MOMENT TO INTRODUCE OURSELVES.
I'M SHERRY MBO, SARAH LAMB, MICHAEL KOWSKI AND DEREK NUTTALL ARE HERE IN PERSON.
AND JOE CANNON IS ONLINE STAFF PRESIDENT.
WE HAVE MATTHEW SAP, WHO IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKINS, WHO'S THE INTERIM BOARD CHAIR.
UM, BOARD ADMINISTRATOR, CHIEF PLANNER, DIANA BARQUE, WHO IS A DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR CAMBRIA JORDAN, OUR SENIOR PLANNER, NORA NDA, OUR SENIOR PLAN PLANS EXAMINER BRIAN THOMPSON, OUR SENIOR PLANNER JASON POOL, OUR DEVELOPMENT SERVICE ADMINISTRATOR, UM, MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR.
BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS, UM, ABOUT THE BOARD OF ADJUSTMENT AND THE WAY IN WHICH THIS HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER THE CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
NO ACTION OR DECISION SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE LEGAL.
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 PRIOR TO THE PUBLIC HEARING.
ANY ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THE EVIDENCE WILL BE MAINTAINED IN THE BOARD'S OFFICE AS PART OF PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, A SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD AND ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH THE BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, UM, 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 THE VIDEO.
THERE'S NO TELECONFERENCING ALLOWED, UM, VIA WEBEX, AND ALL COMMENTS ARE BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
UM, ALL RIGHT, SO I THINK WE, UM, START WITH PUBLIC TESTIMONY.
SO, UM, IF YOU'D LIKE TO CALL OH, OH, UM, DO WE DO THAT? OKAY.
UM, DO WE HAVE ANY MOTIONS REGARDING THE MINUTES? UM, I MOVE TO APPROVE THE MEETING MINUTES FROM OUR JANUARY 17TH, 2024 MEETING.
SECOND, THAT MOTION? ALL IN FAVOR SAY AYE.
UM, DO YOU WANNA CALL EVERYBODY UP? I THANK YOU.
I HAVE, UH, FIVE SPEAKERS FOR PUBLIC TESTIMONY, UH, MONTY HURST AND FOR PUBLIC TESTIMONY.
YOU'LL COME TO THE PODIUM HERE IN THE CENTER.
YOU'LL HAVE THREE MINUTES TO SPEAK, AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
AND THEN, UM, AND YOU DON'T NEED TO BE SWORN IN, BUT THEY, YOU DO NEED TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.
UH, SO MR. JASON LA BARBA PROCEED.
PLEASE STATE YOUR NAME AND ADDRESS AND WE'LL, UH, TELL YOU IN YOUR THREE MINUTES.
IS THAT, THANK YOU FOR COMING DOWN.
JASON, I WOULD LIKE TO START WITH, UM, WE HAD A TORNADO DEVELOP GO OFF.
SIR, WOULD YOU JUST PULL THE MICROPHONE UP TOO? THANK YOU.
HE DEVELOPED THIS LOT AND EVERYONE BROUGHT LOT THAT SHE THE ONE WHO WAS IN FAVOR OF THE REFL.
THESE NEIGHBORS ARE ALSO WAITING.
THIS IS WHY WE NEED TO GET IT RIGHT TODAY, MR. FO, THIS PROFESSION IS A REDEVELOPMENT
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OF THAT.I ASSUME HE KNOWS WAY MORE ABOUT
I DON'T THINK A LOT OF THESE THINGS HAPPENED.
I THINK IT MIGHT, SHOULD HAVE STILL BEEN UP AT THAT POINT.
GOING FORWARD TO TODAY, AND AGAIN, THIS ISN'T THE FIRST TIME THAT'S TAKEN AND SIGNED DOWN
WE'VE NOT HAD A PROBLEM WITH ANY OF THE OTHER BILLS IN OUR NEIGHBORHOOD.
EVERYBODY IN THE NEIGHBORHOOD IS VERY REASONABLE.
IF WE WERE TALKED TO AND SOMEBODY CAME UP
WE DO NOT WANT, WE'RE ALL UNIFIED REPORT TODAY, EXCEPT WE ONLY HAVE THREE RECORDS.
YOU SHOULD HAVE AT LEAST SIX OR SEVEN LETTERS.
AND I'M NOT SURE WHY YOU DON'T HAVE, BECAUSE WE ALL KNOW AND TO PROVE THAT THEY WERE CIRCULATED IN ENOUGH TIME.
AND YOU SHOULD HAVE MORE THAN WHAT YOU HAVE WE WANT WITH YOU ALL.
WE'VE ALL BEEN IN A LONG TIME.
UH, WE ARE NOT ALLOWED TO TAKE QUESTIONS DURING PUBLIC TESTIMONY.
MS. LEANNE LEBAR, I THANK YOU ALL FOR YOUR TIME TODAY.
UH, WE'RE HERE ONCE AGAIN, I'M, I'M SORRY, 7 1 21.
UH, WE'RE ALL HERE ONCE AGAIN IN PROTEST FOR THE ENDLESS VENUE RULES AT 71 27
WE HAVE FOUGHT EVERY INCIDENT ONCE WE'VE BEEN MADE AWARE OF.
WE DIDN'T EVEN KNOW THAT THE POOL WAS WHERE IT WAS UNTIL EVEN THE BOARD MEMBER LET US KNOW.
AND THAT'S HOW WE ALL FIGURED THAT OUT.
BUT MAKE NO MISTAKE, THE HOMEOWNERS KNEW EXACTLY WHAT THEY WERE DOING, WHAT THEY PUT THROUGH OUT OF THE SETBACK REQUIREMENTS, AND I'M GETTING AWAY WITH IT.
WE DON'T NEED OUR NEIGHBORHOOD DESIGNED BECAUSE WE FEEL LIKE HAVING A CLEAN WHERE WE IT TV AND QUITE FRANKLY, WE DON'T NEED OUR BUILDING LIGHTS CHANGE TO 15 FEET.
THIS IS UN UNBELIEVABLE, UNBELIEVABLE TO SIT AND LISTEN TO WHAT IS PROPOSED TO BECOME FOR OUR NEIGHBORHOOD.
LIKE IT'S JUST ACTUALLY WE'RE EMOTIONAL.
WE'RE NOT UPSET ABOUT ANYTHING THAT THEY DID.
THAT WAS WHAT THEY DID OUT OF THE ZONING REGULATIONS, WHAT WE'RE UPSET ABOUT AND WE FIX IT.
MARY LAVENDER, UH, TELL US YOUR ADDRESS.
CAN YOU PUT YOUR STATE, YOUR ADDRESS FOR THE RECORD? I'M SORRY.
I'M HERE ON BEHALF OF MY DAUGHTER DOING LAVENDER.
DOESN'T LIVE AT, UM, 71 27 BROOKSIDE CIRCLE ACROSS THE STREET.
AND, UH, SHE'S A VETERINARIAN SERVING, UM, COULD NOT
SHE HOWEVER, DID
I DON'T KNOW IF YOU ALL HAVE COPIES THOSE, BUT I HAVE MADE A COPY FOR DISTRIBUTION.
WE, IF I MAY, I'M GOING TO REITERATE, I
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MY STREET DESTROYED THE 2019 PARK RESIDENCE.IN READING THE JANUARY 5TH, 2020 LETTER FROM JUSTIN MOORE ATTORNEY.
IT IS CLEAR THAT
THE ONLY
I THINK, I THINK WE STILL HAVE A MINUTE.
I THINK THAT MAY HAVE BEEN YEAH, THAT I, I I WAS YEAH, YOU HAVE ONE MINUTE LEFT.
SORRY, THAT WAS, WE HAD ANOTHER TIMER GOING ON UP HERE.
UM, I, READING A LETTER RELOCATION OF THE POOL, THE ONLY OPTION THAT THE CITY SHOULD PROVE THE PERMIT WAS
AND I WILL ADD, I THINK THE CITY
I THINK THAT THE FAULT RIGHT WITH THE OWNER OF THE
HEIM DRIVE IS THE SUBSTITUTE FACT THAT LED THE APPROVAL OF THE PERMIT POOL CANNOT BE INSTALLED IN THE FRONT YET.
IF THEY FEEL THEY HAVE BEEN DAMAGED, THEY
35 P 4 44 APPARENTLY SHOWN 35.
AND THE FLASH SHOWED 40 FEET
I'M CONFIDENT THE CITY WILL RECTIFY ITS ERROR
THANK YOU VERY MUCH, MS. SUE WHITE, NO, SUE WHITE, 7 21
SO I AM DIRECTLY ACROSS FROM HIM IN MY, I HAD TO REBUILD THE HOME COMPLETELY EXCEPT FOR I HAD TO GO BY ALL THE RULES THAT TO US IN MY ARCHIVE.
SO I DON'T UNDERSTAND WHY ONE IN FRONT HOUSE NOT, I DON'T KNOW THAT I WOULD INVESTED $1.7 MILLION MILLION IN A HOUSE THAT FACING IN THE BACKYARD.
SO WE PUT SUPPOSED TO DO, AND WHAT GUESS WHAT
I SAY, ARE THEY
WELL, IF BETWEEN THE BUILDING LINE 15 FEET, AND I KNOW THIS ISN'T A
I'M THE TROUBLE BECAUSE NOW MY HOUSE IS 15 FEET BACK FROM THE THEIR HOUSE.
SO I WANT YOU GUYS TO CONSIDER WHAT IT DOES TO
THE CIRCLE HAS SAID THAT WE HAVE THIS, YOU GUYS WILL NOT ACKNOWLEDGE FOR THE COUNTY OF THE CITY, BUT WE GOT
THE DEFENSE GAVE THIS INFORMATION WHEN WE BROUGHT THE PROCESS, SAID WHAT? SO THAT
IT'S STOPPED
JUST TALK TO YOUR NEIGHBOR, YOU KNOW, YOU NEED, I TRIED AND TRIED AND TRY IT TO
IT WAS EVERY TIME THE BOMB THROWN
AND WE'RE ALL, WE WORK TOGETHER.
SO WE A HARD DECISION THAT REALISTIC ARE WE GONNA ALLOW PEOPLE TO SEE? SO THAT'S ARE
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BECAUSE WE'VE HAD RIGHT, IT'S EVERYONE'S MIND, IT'S STRESSFUL, IT'S EMOTIONAL.SO THAT FAITH TIME, THANK YOU MONTY HEARS NOT PRESENT.
THAT IS ALL FOR THE PUBLIC SPEAKERS.
THANK YOU VERY MUCH FOR COMING DOWN AND FOR YOUR TIME.
AND WE WILL, UM, NOW START WITH OUR FIRST CASE, WHICH IS, UM, FIND IT STACK BDA 2 3 4 DASH 0 0 4 19 30 HIGHLINE DRIVE, THE APPLICATION OF JAKE SWIG, REPRESENTED BY TOMMY MANN.
UH, LADIES AND GENTLEMEN ON THE BOARD, MY NAME IS JAKE SWIG WITH IRBY.
I WANTED TO PERSONALLY INTRODUCE MYSELF.
MARY, DO YOU NEED TO SWEAR HIM IN? YES.
DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO, YEAH.
UH, PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
JAKE S SWETT 50 WASHINGTON STREET, HOBOKEN, NEW JERSEY.
UM, AS I MENTIONED, MY NAME IS JAKE S SWETT.
I, I WANTED TO PERSONALLY INTRODUCE MYSELF TO YOU ALL, BUT ALSO THANK YOU FOR YOUR TIME TODAY AS WELL AS LAST MONTH.
UH, SINCE LAST MONTH, WE REALLY HAVE HAD A GOOD OPPORTUNITY TO, TO GO BACK TO THE DRAWING BOARD AND, AND TRY TO FIND IMPROVEMENTS IN WHAT WE INITIALLY SUBMITTED TO YOU.
AND, AND SO I REALLY JUST WANTED TO HIGHLIGHT A COUPLE OF THOSE FOR YOU TODAY.
UM, ONE OF THE AREAS OF IMPROVEMENT, AFTER LOOKING AT THE LAYOUT OF, UM, OUR PREVIOUS SUBMISSION, WE WERE ABLE TO PICK UP 12 ADDITIONAL PARKING SPACES IN THE GARAGE.
AND WE'RE ABLE TO DO THAT BY DISCOVERING INEFFICIENCIES IN LAYOUT AS WELL AS A FUTURE LOADING DOCK THAT WE'RE ABLE TO SHRINK.
IN ADDITION TO ADDING 12 MORE SPACES, WE LOOKED AT THE OVERALL UNIT COUNT FOR THE FUTURE TOWER, AND WE WERE WILLING TO ELIMINATE TEN ONE BEDROOM UNITS FROM THAT MASSING.
SO EFFECTIVELY WHAT THAT MEANS IS ON A OVERALL PARKING, UM, REQUIREMENT BASIS, THAT REDUCES OUR REQUIREMENT BY 15 SPOTS.
SO NET NET, BOTH OF THOSE ADJUSTMENTS.
UM, WE ARE HERE TODAY WITH, UM, A REQUEST FOR A PARKING REDUCTION THAT IS 27 LESS SPACES THAN LAST MONTH, WHEREAS LAST MONTH WE WERE REQUESTING A REDUCTION AT 2 35.
THIS TIME AROUND WE'RE AT 2 0 8.
AND THE LAST THING BEFORE HANDING IT OFF TO TOMMY THAT I WANTED TO HIGHLIGHT IS WE DID CONDUCT AN UPDATED, UM, PARKING OBSERVATION.
WE DID A DIFFERENT DAYS OF THE WEEK, WEDNESDAY, THURSDAY PEAK HOURS FROM SIX TO 10:00 PM AS WELL WITH A, YOU KNOW, FULLY OPERATING RESTAURANT.
WE'RE ABLE TO TAKE THAT DATA AND AGGREGATE IT INTO LIKE A SINGULAR GRAPH THAT I PERSONALLY FOUND VERY HELPFUL.
AND SO WHAT IT IS, IT, IT HAS ASSUMPTIONS OF 100% OCCUPANCY ACROSS THE BOARD, RESIDENTIAL PLUS THE PD 6 21 REQUIREMENTS OF BOTH RESTAURANTS.
AND THEN EVERYTHING ABOVE THAT IS AN ANTICIPATED BUFFER.
SO, UM, IN THE EVENT WE DO HAVE A VERY, UM, POPULAR RESTAURANT, OR IF WE DO NEED ADDITIONAL PARKING FOR ANY REASON AT ALL, WE DO HAVE AN ANTICIPATED BUFFER OF 42 SPACES TO ACCOMMODATE THAT.
SO, UM, AGAIN, THANK YOU FOR YOUR TIME.
I'M GONNA HAND IT OFF NOW AND I'D ALSO LIKE TO THANK CITY STAFF.
WE, WE MET WITH THEM A COUPLE WEEKS AGO AND THEY HELPED, YOU KNOW, GUIDE US AND REAFFIRM OF THE, THE NOTES TAKEN LAST MONTH AND MAKE SURE THAT WE PUT OUR BEST FOOT FORWARD.
TOMMY MANN 500 WINSTEAD BUILDING REPRESENTING THE APPLICANT.
I'M JUST GONNA PUT SOME, UH, MORE TECHNICAL DETAIL IN A SUCCINCT FASHION FOR YOU.
UH, SO AS JAKE MENTIONED, WE WENT BACK OUT.
THE ORIGINAL, UH, STUDY THAT YOU HAD LAST MONTH INCLUDED OBSERVATIONS FROM APRIL OF 2023.
AT THAT TIME, 93 UNITS WERE RELEASED AND THE RESTAURANT WAS NOT OPERATING.
WE CONDUCTED NEW OBSERVATIONS ON THE EVENINGS OF JANUARY 24TH AND 25TH OF LAST MONTH, 234 UNITS RELEASED, AND A 4,692 SQUARE FOOT RESTAURANT WAS OPEN AND OPERATING.
DURING ALL OF THOSE OBSERVATIONS, WE FOUND A PEAK UTILIZATION DURING THOSE EIGHT HOURS OF OBSERVATION OF 216 SPACES, THE CODE WOULD REQUIRE FOR 234 UNITS IN THAT RESTAURANT, 396
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SPACES.SO WE FOUND A UTILIZATION THAT WAS ABOUT 55% LESS THAN CODE.
WE ALSO, OUR CONSULTING ENGINEERS FOUND A NATIONAL STUDY ON THE IMPACT OF RIDE HAILING SERVICES.
THAT WAS DISCUSSED LAST MONTH.
IT WAS FUNDED BY THE US DEPARTMENT OF TRANSPORTATION.
IT WAS CONDUCTED IN THE DENVER AREA.
THE ENGINEERS WHO DID IT ACTUALLY SIGNED UP AS UBER AND LYFT DRIVERS TO SURVEY PEOPLE AND OBTAIN ACCESS TO DATA.
LONG STORY SHORT, THEY FOUND, UNSURPRISINGLY THAT HOTEL AND RESTAURANT WERE THE TWO USES MOST IMPACTED BY THE USE OF RIDE HAILING SERVICES.
AND THAT AT LEAST 26.4% OF PEOPLE WHO GO TO THOSE ESTABLISHMENTS WOULD'VE DRIVEN AND TAKEN A PARKING SPOT, BUT FOR THE OPTION OF TAKING A RIDE HAIL SERVICE.
SO, UH, TO SUM IT UP, AS JAKE MENTIONED, WE ALSO AMENDED THE REQUEST SLIGHTLY.
WE FOUND WE ENGINEERED 12 MORE SPACES INTO THE GARAGE, REMOVED 10 UNITS, WHICH EQUATES TO A REDUCTION OF 27 FROM LAST MONTH.
THE DATA THAT I'VE SUMMARIZED FOR YOU SUPPORTS A PEAK UTILIZATION OF 885 SPACES.
WE'RE PROPOSING 927, WHICH IS ONLY A 36% REDUCTION VERSUS THE 55.
WE OBSERVED INTENTIONALLY HAVING LISTENED TO YOU ALL TO LEAVE A CUSHION IF OUR EXTRAPOLATION IS OFF OR IF THINGS CHANGE IN THE FUTURE.
SO WE'RE ABOUT 42 SPACES OVER WHAT THE, UH, QUANTITATIVE DATA AND STUDY SUPPORT.
AND I THINK WE'RE IN A GOOD SPOT AND WE ARE HAPPY TO ANSWER MORE QUESTIONS ABOUT IT AND APPRECIATE YOU ALL DISCUSSING THIS.
SO TO DETAIL, I'LL TRY NOT TO REPEAT THE LENGTHY DISCUSSION FROM LAST MONTH.
I I JUST HAVE TO SAY I'M PLEASANTLY SURPRISED AT THE WORK Y'ALL HAVE DONE IN, IN SUCH A SHORT PERIOD OF TIME AND THE FEEDBACK THAT YOU'VE RECEIVED FROM THE BOARD AND THE, UM, INFORMATION THAT YOU PROVIDED FOR US.
UM, I KNOW IT'S NOT A QUICK TURNAROUND TO GET A, A PARKING STUDY DONE, UM, AND I APPRECIATE Y'ALL, UM, DOING THE WORK ON THAT TO, TO GET US WHAT WE NEED.
ARE THERE ANY QUESTIONS FOR THE APPLICANT? ARE THERE ANY OTHER SPEAKERS ON THIS? NO, THE SPEAKERS REGISTERED.
UH, MOTION, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 0 4 ON APPLICATION OF, UH, JAKE SWETT GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 927 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 1,450 OFF STREETS PARKING SPACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASED 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 A RESIDENTIAL USE AND A RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
37 SPACES OF THIS SPECIAL EXCEPTION SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH USES CHANGED OR DISCONTINUED.
487 SPACES OF THIS SPECIAL EXCEPTION SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN ALL OF THE RESIDENTIAL USE IS CHANGED OR DISCONTINUED.
IN THE EVENT THAT THE ONLY PORTION OF THE RESIDENTIAL USES CHANGED OR DISCONTINUED PARKING SPACES WILL BE TERMINATED AT THE PROPORTIONAL RATE OF 1.5.
PARKING SPACES PER RESIDENTIAL UNIT COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
IS THERE A SECOND? I'LL SECOND THAT.
UM, THE REASON WHY I GRANTED THIS IS I FELT THAT Y'ALL HEARD OUR CONCERNS.
I APPRECIATE THERE BEING A 42 PARKING SPACE BUFFER COMPARED TO WHERE WE WERE LAST WEEK.
UM, AND A UM, AND THE REDUCTION OF REQUESTS HERE, I FEEL CONFIDENT, COMFORTABLE WITH THE, WITH THE PARKING STUDY.
UM, AND THEN THE FACT THAT THE NEIGHBORING PROPERTIES ARE NOT RESIDENTIAL.
UM, AND I DON'T SEE ANY IMPACT IN THE EVENT THAT, UM, PARKING BECOMES AN ISSUE IN THE FUTURE ON ANY, UH, RESIDENTIAL COMPONENTS OTHER THAN WHAT'S HERE, UM, ON, ON THIS PROJECTED OF THIS PROPOSED, UH, UH, MULTIFAMILY MIXED USE PROJECT.
I MEAN, I SECONDED THAT FOR, YOU KNOW, I I AGREE THOSE REASONS.
I ALSO TRUST THAT A DEVELOPER WILL BUILD THE AMOUNT OF PARKING THAT THEY NEED BECAUSE I DON'T THINK THAT THEY'RE IN THE BUSINESS OF TRYING TO NOT HAVE THE PARKING THEY NEED TO RUN A BUSINESS.
AND I DON'T THINK THAT, I THINK THAT THE WAY THAT WE'RE MOVING AS A CITY WILL SUPPORT, UH, LESS PARKING AND LESS NEEDS.
AND I THINK THEY'VE DEMONSTRATED THAT THERE IS LESS RE REQUIREMENTS OR LESS NEED PARKING THAN WHAT THE CITY CODE, UH, CURRENTLY CALLS FOR.
MAY I HAVE, UH, LET'S TAKE A VOTE.
[00:25:01]
AYE.WE'LL NOW HEAR CASE BDA 2 3 4 DASH 0 48 11 KELSEY ROAD APPLICATION OF AARON WALWORTH REPRESENTED BY ANY TO TOM RACKER.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
AARON WALWORTH, 1212 ETHEL CEMETERY ROAD IN COLLINSVILLE, TEXAS.
UM, I JUST WANNA SAY THANK YOU FOR, UM, HOLDING THIS OVER THIS MONTH WHEN Y'ALL COULD HAVE DENIED IT RIGHT FUND, SO I APPRECIATE THAT IT GAVE ME ENOUGH TIME TO GO BACK AND, UH, DO THE RESEARCH THAT NEEDED TO BE DONE.
UM, SO THERE WERE, AND DIANE HAS BEEN GREAT.
SHE'S KIND OF HELPED ME, UH, BRING RECOMMENDATIONS ON WHAT NEEDED TO BE DONE.
SO I'VE REACHED OUT TO THE ONE, UM, I GUESS DENIAL, UH, THAT DID NOT, UH, ACCEPT THAT SPECIAL EXEMPTION.
UM, AND I WASN'T ABLE TO TALK TO 'EM IN PERSON, DID GO BY THE HOUSE SEVERAL TIMES, BUT I DID SEND 'EM A LETTER.
UM, SO I DON'T KNOW IF THEY RESPONDED TO THAT OR NOT, BUT IN THAT LETTER I JUST STATED WHAT WE ORIGINALLY SUBMITTED AND THE NEW DRAWINGS OF WHAT WE WERE GONNA DO TO, UH, I GUESS HELP THEM APPRECIATE THE FENCE.
SO, UM, SO THAT'S WHAT STEP ONE, THAT'S WHAT I DID.
UM, AND THEN, UH, WE REDESIGNED THE FENCE, UM, TO TAKE OUT ONE OF THE SPECIAL EXEMPTIONS OF THE 50% RULE.
SO NOW WE, WE, MY HOMEOWNERS ARE JUST REQUESTING A SIX FOOT FENCE INSTEAD OF, UH, SEVEN FOOT.
UM, AND THEN I DID, UH, MEASURE THE FENCES ON ALL THE BOTH SIDES OF THE PROPERTY AND THEN, UH, ACROSS THE STREET.
AND ALL FENCES AROUND ME ARE TALLER THAN WHAT WE'RE ASKING FOR.
SO THE FENCE ON THE LEFT OF OUR PROPERTY IS SIX FOOT TWO FENCE ON THE RIGHT IS, UM, SEVEN FOOT TWO, AND THEN ACROSS THE STREET IS SIX FOOT FOUR.
SO WE'RE JUST REALLY, WE JUST WANNA MATCH WHAT, WHAT'S THERE.
UH, AND MY HOMEOWNERS DON'T WANT TO, UH, FIGHT IT.
THEY, THEY JUST WANT TO GET THIS DONE.
SO, UM, I APPRECIATE YOU GUYS FOR ALLOWING ME ANOTHER SHOT TO PRESENT MY CASE.
THANK YOU VERY MUCH FOR, UH, GOING BACK AND WORKING WITH THE NEIGHBOR AND, UM, HE SPOKE WITH THE CITY STAFF AND REMOVED HIS, UM, CONCERN ABOUT IT WHEN YOU REMOVED THE OPACITY.
SO WE REALLY APPRECIATE THE LEGWORK AND, UM, ALSO TRYING TO COME MORE IN COMPLIANCE.
SO DO WE HAVE ANY OTHER QUESTIONS FOR, UH, BOARD ATTORNEY? UM, I'M LOOKING AT THE MOTION HERE, AND GRANTED, I KNOW THAT, UM, THERE'S NOT A MOTION ON THE FLOOR AND THERE'S A DECISION THAT HAS NOT BEEN MADE, BUT SHOULD THERE BE IN THE LANGUAGE HERE AND ELEVATION COMPONENT OR JUST HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED MOST RECENT VERSION OF ALL INCITEMENT.
SO I DID RESUBMIT AN ELEVATION.
DID THAT, IS THAT WHAT YOU'RE ASKING? WELL, YEAH, SO, BUT THE, THE LANGUAGE AND THE MOTION IS, IS FINE.
IT'S ADEQUATE AND WE CHANGED IT RECENTLY TO INDICATE THE, THE HEIGHT AND FENCE LOCATION SO THAT THAT CAN BE SEPARATED SO THAT THESE CAN BE TAKEN PIECEMEAL.
OFTENTIMES WHEN WE HAVE, UM, MULTIPLE CASES BEFORE THE BOARD, UM, ON OPACITY ISSUE LIKE WE DID LAST TIME AND A A HEIGHT ISSUE.
WE DON'T WANNA TIE IT TO THE SAME, UM, SITE PLAN THAT WOULD CONTRADICT A PRE, UH, A SUBSEQUENT MOTION.
SO THE WAY THE LANGUAGE IS DRAFTED NOW, IT'S THE HEIGHT AND LOCATION, SO THE LOCATION AT THAT, THE HEIGHT AT THAT PARTICULAR LOCATION THAT THAT SITE PLAN SAYS AND, UM, SUBMITTED VERSION OF ALL SITE PLANS.
AND THEN, UM, ONE MORE PROCEDURAL QUESTION.
SINCE THE APPLICANT SUBMITTED TWO SEPARATE APPLICATIONS LAST TIME AND HELD OVER TECHNICALLY BOTH, BUT HE'S NOW MODIFIED HIS APPLICATION, DO WE STILL ONLY HAVE ONE APPLICATION TO MAKE MOTION ON? CORRECT.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER, WE, I'M SORRY, DID WE OPEN UP FOR ANY OTHER SPEAKERS? ANY COMMENT? NO, THE SPEAKERS REGISTER.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH ZERO ON APPLICATION OF AARON WHILE ROTH GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT, FENCES CONTAINED IN DALLAS DEVELOPMENT CODE AS AMENDED.
[00:30:01]
PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE OPPOSED 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 SMITH SITE PLANS ARE REQUIRED.ALL RIGHT, ANY DISCUSSION? GO AHEAD.
THE REASON WHY I GRANTED THIS IS THIS IS WHAT WE WANNA SEE OUT OF APPLICANTS.
YOU KNOW, UM, THOSE THAT ARE, ARE WILLING TO KINDA LOOK AT WHAT, WHAT THE STANDARD IS AND LOOK AT HOW THEY CAN WORK WITH THEIR NEIGHBORS AND FIT WITHIN AS CLOSE AS POSSIBLE TO, TO THE DEVELOPMENT CODE.
I THINK I APPLAUD YOU FOR THE WORK THAT YOU DID.
RARELY EVER DO WE ACTUALLY SEE OPPOSITION IN A PERIOD OF 30 DAYS TRANSITION FROM OPPOSITION TO ACTUAL SUPPORT.
SO THAT IS A TESTAMENT TO YOU IN THE WORK YOU'VE DONE.
AND I, I, UH, APPLAUD YOU IN, IN REMOVING THAT, UM, THE OPC REQUIREMENT AND THEN DROPPING THE HEIGHT TO SOMETHING THAT IS NOT ADVERSELY AFFECTING NEIGHBORING PROPERTY.
IT SEEMS, YOU KNOW, THAT THERE'S NO CASE THAT'S PRECEDENT THAT THE AVERAGE HEIGHT WITHIN THE NEIGHBORING PROPERTIES IS SIMILAR TO WHAT YOU'RE ASKING FOR.
SO FOR ALL THOSE REASONS I MOVED TO GRANT THIS APPLICATION.
MR. CANNON? AYE MS. CHAIR, AYE.
THANK YOU SO MUCH FOR COMING IN, WE APPRECIATE IT.
ALRIGHT, AND ON TO OUR FINAL CASE TODAY, WHICH IS, UM, BDA 2 3 4 DASH 1 8 72 17 BOOKSHARE DRIVE.
AND THIS THE APPLICATION OF PETER COED, UM, REPRESENTED BY MELISSA MILES TO APPEAL THE DECISION OF ADMINISTRATIVE OFFICIAL, UM, WE HAVE RECEIVED A REQUEST FROM THE APPLICANT TO, UM, TO HOLD OVER THIS CASE FOR 90 DAYS WHERE THEY CAN GO AND HAVE A REPL.
UM, SO WE CAN HAVE A MOTION, UM, TO, WE, WE HAVE MULTIPLE THINGS WE CAN DO, WE CAN HAVE A MOTION TO HOLD IT OVER, WE CAN HAVE A MOTION TO, UM, WELL ACTUALLY THAT'S WHAT THE MOTION IS FOR, BUT IF WE DON'T WANNA HOLD IT OVER, WE CAN HEAR, UM, THE CASE AND STILL DECIDE TO HOLD IT OVER.
SO DO I HAVE A MOTION ON THE BOARD? I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH ZERO EIGHT HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 22ND, 2024.
SO I KNOW THE NEIGHBORS ARE GONNA BE DISAPPOINTED.
THE, THE REASON WHY I'M MAKING THIS MOTION IS, UM, FOR VARIOUS REASONS, UM, THE BUILDING OFFICIAL, THE CITY ATTORNEY'S OFFICE AND THOSE SEEKING ME FOR, UM, AN APPEAL OF THE BUILDING OFFICIAL'S DECISION HAVE ALL COME TOGETHER AND ARE IN AGREEMENT OF HOLDING THIS OVER TO, TO TRY TO RESOLVE THIS WITHOUT COMING IN FRONT OF THE BOARD.
UM, IT'S, I SO GREATLY APPRECIATE Y'ALL COMING DOWN HERE WITH THESE TYPE OF CASES WHERE THEY'RE, UH, BUILDING OFFICIAL APPEALS CASES.
WE CANNOT ACTUALLY TAKE IN CONSIDERATION PUBLIC OPINION OR CONTRARY TO PUBLIC INTEREST.
UM, BUT WHAT WILL HAPPEN WHEN THIS GOES TO CPC IF, IF THE BOARD DOES VOTE TO PROVE THIS IS CPC IS ALSO QUASI-JUDICIAL WHEN IT COMES TO RE PLATTING AND ALSO FOR, UH, THE CHANGING OR REQUESTS OF BUILDING LINES.
BUT WHAT THEY CAN CONSIDER WHEN IT COMES TO BUILDING LINES IS FOR, UH, WHETHER IT'S CONTRARY TO PUBLIC INTEREST.
SO YOU AS NEIGHBORS WILL HAVE AN OPPORTUNITY TO SPEAK THERE WHERE THEY CAN ACTUALLY TAKE IN CONSIDERATION THE IMPACT ON YOUR PROJECT, UM, WHICH WILL GIVE YOU A GREATER OPPORTUNITY TO SIT THERE AND HAVE YOUR VOICE BE HEARD.
WE'RE HERE, UNFORTUNATELY, BASED ON THE PARAMETERS OF WHAT WE CAN ACTUALLY MAKE A MOTION ON TODAY, UM, YOU KNOW, WE CAN HEAR YOUR TESTIMONY, BUT I CAN'T BE A FACTOR IN WHAT WE WOULD HEAR IN THIS PARTICULAR CASE.
SO BECAUSE OF THOSE REASONS, UM, AS A BOARD, I PERSONALLY LIKE THINGS TO BE RESOLVED IF THEY CAN AND, AND THE ROUTES POSSIBLE WITHOUT COMING FROM THE BOARD.
AND THEN ALSO BY GOING TO CCPC DOES ALLOW YOUR YOUR INTERESTS AND YOUR COMMENTS TO BE HEARD.
AND, AND ON TOP OF IT YOU WILL BE NOTICED AGAIN.
UM, THROUGH CPC, THE APPLICANT, UM, WILL HAVE TO HAVE BOTH SIGNS FOR BOARD OF ADJUSTMENT UP FOR THE REMAINING PERIOD OF TIME AS WELL AS UM, CITY PLANNING COMMISSION SIGNAGE.
UM, SO THE, FOR THOSE REASONS, THAT'S WHY, UM, I DECIDED TO HOLD THIS CASE OVER.
UM, BECAUSE ALL PARTIES ARE IN AGREEMENT AND IT ALSO GIVES AN OPPORTUNITY FOR THE NEIGHBORS TO HAVE A VOICE WHERE, UM, WHERE UH, WHERE WHETHER IT IMPACTS YOUR PROPERTY CAN BE HEARD.
CAN WE SPEAK A VOTE, MR. CANNON? AYE.
[00:35:01]
AYE.UM, THANK YOU, UM, TO EVERYBODY THAT CAME TODAY, UM, AGAIN, I'LL REITERATE WHAT MS. LIAM SAID, YOU WILL HAVE THE CPC WILL BE ABLE TO TAKE INTO ACCOUNT THE NEIGHBORS, UM, MUCH BETTER THAN WE CAN IN TERMS OF, UM, CONTRARY TO PUBLIC INTEREST.
UM, BUT I APPRECIATE AND KNOW HOW HARD IT IS TO CONTINUE TO COME DOWN HERE.
UM, BUT THAT IT CONCLUDES OUR MEETING AND WE'LL ADJOURN AT 1:37 PM THANK YOU.