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[00:00:01]

GOOD AFTERNOON AND WELCOME TO THE BOARD

[Board of Adjustments: Panel C on February 22, 2024.]

OF ADJUSTMENT.

I'M ROBERT AGNI.

I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF ITS PANEL C HERE TODAY.

IT IS ONE 10 ON FEBRUARY 22ND, 2024.

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

WE HAVE A QUORUM, UH, BOARD MEMBERS PRESENT INCLUDES MY LEFT, ROGER SINGTON, JUDY P*****K, RODNEY MILLIKEN, AND JARED SLAVE.

STAFF MEMBERS TO MY RIGHT ARE MATTHEW SAPP, BOARD ATTORNEY'S ASSISTANT CITY ATTORNEY, DR.

CAMIKA MILLER HOSKINS, INTERIM BOARD ADMINISTRATOR, CHIEF PLANNER, DIANA BAR, DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR CAMBRIA JORDAN, SENIOR PLANNER, NORA CASTANEDA, SENIOR PLANS EXAMINER BRYANT THOMPSON IS NOT HERE.

OKAY.

UH, BUT ALSO, UH, JASON POOLE, DEVELOPMENT SERVICES ADMINISTRATOR AND MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.

TO THE EXTENT YOU NEED TO GIVE THE BOARD, UH, EVIDENCE OR SIGN UP TO SPEAK, THE PERSON YOU SHOULD, UH, REACH OUT TO IS MS. WILLIAMS. UM, BEFORE WE BEGIN, A FEW GENERAL COMMENTS.

MEMBERS OF THIS BOARD ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR.

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

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

NO ACTION TO 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.

OUR DUTY OF CARE IS TOWARDS THE PROPERTY AT HAND IN ALMOST ALL CASES, WHICH IS TO SAY, UH, THAT, UH, IT IS NOT RELATIVE TO ANY APPLICANT'S, UH, CERTAIN SITUATIONS.

SPECIFIC, UH, EVERYTHING WE DO CARRIES, UH, WITH THE PROPERTY, MAYBE ONE EXCEPTION.

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

ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THESE CASES TODAY SHOULD BE SUBMITTED TO THE BOARD.

SECRETARY, MS. WILLIAMS, WHEN YOUR CASE IS CALLED, THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.

UH, APPROVALS FOR A VARIANCE OF SPECIAL EXCEPTION, UH, WE DON'T HAVE A AO CASE REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF OF THE FULL FIVE MEMBER PANEL.

ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.

UH, LETTERS TO THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATORS SHORTLY AFTER EACH HEARING AND BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE.

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

EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING THE PUBLIC TESTIMONY PERIOD FOR A MAXIMUM OF THREE MINUTES OR WHEN A SPECIFIC CASE IS CALLED.

THE APPLICANT WILL HAVE 10 MINUTES, ANY OPPOSITION, 10 MINUTES IN SOME, UH, AND THE APPLICANT WILL HAVE A FIVE MINUTE REBUTTAL.

UM, IF THERE ARE TOO MANY SPEAKERS, UH, WE WILL END UP GIVING EACH SPEAKER, UH, A MAXIMUM THREE MINUTES.

UM, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.

NO TELECONFERENCING IS ALLOWED.

THAT MEANS IF YOU'RE NOT HERE, YOUR FACE HAS TO BE VISIBLE.

UH, WHEN YOU ARE TALKING.

UH, ALL QUESTIONS AND COMMENTS ARE DIRECTED THROUGH THE PRESIDING OFFICER.

OKAY.

UH, FROM THIS MORNING, UH, BBA 2 3 4 DASH TWO ZERO WAS MOVED TO AN INDIVIDUAL CASE OUT OF THE UNCONTESTED DOCKET.

UM, ARE THERE ANY COMMENTS OR MAY I HAVE A MOTION TO APPROVE OUR MINUTES FROM DECEMBER 11TH, 2023? MR. VICE CHAIR, I HAVE A MOTION YES.

CALL.

I MOVE THAT THE MINUTES FROM OUR LAST MEETING BE APPROVED AS SUBMITTED S SECOND SECOND, MR. S TEAM.

ALL ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

OPPOSED? NO PASSES UNANIMOUSLY.

FUTURE VOTES WILL BE DONE BY ROLL CALL.

[00:05:02]

UM, NO.

OKAY.

I MOVE THAT THE BOARD, UH, OF ADJUSTMENT PANEL C ENTER INTO EXECUTIVE SESSION IN ORDER TO RECEIVE, UH, ADVICE FROM OUR CITY ATTORNEY ON PENDING LITIGATION.

IF YOU NEED A SECOND, I SECOND THE MOTION.

UH, ALL IN FAVOR, PLEASE SAY AYE OR NO.

AYE.

AYE.

AYE.

ANY OPPOSED? PLEASE SAY NAY.

UH, WE WILL NOW GO INTO EXECUTIVE SESSION.

I DON'T KNOW HOW LONG IT WILL TAKE, UM, BUT WE DON'T THINK IT WILL BE LONG, SO AT THIS POINT WE WILL GO TO A ROOM.

OKAY.

AN EXECUTIVE SESSION IS, UH, A PRIVILEGED CONVERSATION BETWEEN THE BOARD AND ITS ATTORNEY.

SO WE REMOVE OURSELVES.

IT IS RECORDED, UH, IN CASE IT IS LATER SUBPOENAED.

IT IS.

ARE WE GOOD? IT IS ONE 40 ON FEBRUARY 22ND, 2024.

PANEL C IS BACK IN SESSION.

WE HAVE APPROVED OUR MINUTES AND, UH, RETURNED FROM EXECUTIVE SESSION.

AND, UH, NOW, UH, WE NEED TO DISPOSE OF OUR CONSENT AGENDA.

UH, THERE'S ONLY ONE CASE THAT IS, UH, BDA 2 3 4 DASH OH TWO FOUR.

DO I HAVE A MOTION MR. VICE CHAIR? I HAVE A MOTION.

MS. P*****K SECONDED.

AGNI, WAIT.

YOU SHOULD MAKE IT FIRST.

, I'M SO SURE.

BUT , I MOVED AT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR VALUATION 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 WIC.

BDA 2 3 4 DASH 0 24 APPLICATION OF HOKA BE ON A Y SORRY IF I MISPRONOUNCED THAT FOR VARIANCE TO THE FRONT YARD SETBACK REGULATION COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

I SECOND THE MOTION AGNE, UM, ON THE ASSUMPTION THAT THE APPLICANT IS HAPPY WITH WHAT HAS BEEN, UH, YOU ARE GOOD.

WHAT YOU ASKED FOR THE BOARD, UH, WILL NOW VOTE.

UH, THE MOTION SECONDED.

COMMENTS NONE, PLEASE CALL THE VOTE.

MR. SLATE.

MS. P*****K? AYE.

MR. SLATE? AYE.

MR. SINGTON? AYE.

MR. MULLIKIN? AYE.

MR. VICE CHAIR? AYE.

MOTION PASSES.

FIVE TO ZERO.

OKAY.

NOW TO OUR REGULAR DOCKET.

UM, WE'LL JUST MOVE THE UNCONTESTED CASE THAT TO THE BEGINNING HERE.

SO BDA 2 3 4 DASH 0 2 3 3 2 1 CORT BOULEVARD.

PLEASE BE SWORN IN.

UH, AND WHEN YOU'RE, WHEN YOU'RE, YOU'RE SWORN IN AND SPEAKING, PLEASE STATE YOUR NAME AND ADDRESS IS THE APPLICANT HERE.

LET MS. WILLIAMS SWEAR YOU IN.

AND, AND BEFORE YOU SPEAK, MAKE SURE YOU GIVE YOUR NAME AND ADDRESS FOR THE RECORD.

YES.

PLACE THE BUTTON.

1, 2 1 2.

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

I AFFIRM.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

LUDOVIC GOBO.

33 21 CORONA BOULEVARD, DALLAS, TEXAS 7 5 2 2.

THANK YOU DEAR BOARD OF ADJUSTMENT MEMBERS, THANK YOU VERY MUCH FOR YOUR TIME TODAY.

UH, IT'S MY FIRST TIME PRESENTING A CASE LIKE THIS.

UH, IT'S MY HONOR TO PRESENT A FEW, UH, PIECES OF INFORMATION THAT WOULD HELP YOU TAKE, UH, A GOOD DECISION, UH, IN BEHALF OF THIS CASE.

UH, MY NAME IS LITTLE BIT MBO, UH, CURRENTLY DALLAS

[00:10:01]

RESIDENT AT THREE 3:00 AM I TOO CLOSE? COULD YOU GO A LITTLE CLOSER TO THE MIC OR PUT IT CLOSER? YES, SIR.

THAT MIC DOES NOT TREAT TALLER PEOPLE WELL.

UM, SO SOMETIMES YOU PROBABLY JUST HAVE TO SPEAK A LOT LOUDER THAN YOU THINK YOU SHOULD.

YES.

UH, SO OH YEAH, WE WE WILL.

NO, WE DIDN'T, BUT WE'RE AFTER THIS CASE.

UM, IN MY, IN MY HASTE, UH, I, UM, SKIPPED PUBLIC TESTIMONY.

MS. WILLIAMS, WERE THERE ANY PEOPLE SIGNED UP FOR PUBLIC TESTIMONY? NO.

PUBLIC SPEAKERS, LUCKILY.

THANK YOU.

OKAY.

PLEASE CONTINUE.

YOU JUST PROBABLY HAVE TO SPEAK LOUDER THAN YOU'RE COMFORTABLE WITH VIA BOARD OF ADJUSTMENT.

THANK YOU VERY MUCH FOR YOUR TIME TODAY.

UM, THANK YOU FOR BEING HERE AND WILLING TO LISTEN TO THE CASE REGARDING 3 3 21 CORT BOULEVARD.

I'M, UH, MY NAME IS LUDO VIE GUMBO.

I'M A RESIDENT OF DALLAS, TEXAS.

I'VE BEEN HERE FOR 20 YEARS AND I'D LIKE TO PRESENT TO YOU A FEW FACTS, A FEW DETAILS REGARDING, UH, THIS CASE.

UM, I HAVE IN FRONT OF ME, UM, THE CT O OF DALLAS PLA BOOKS.

I DON'T KNOW IF MS. CAMBRIA HAS A MAP WITH THE CITY THAT WOULD ALLOW YOU THE ENTIRE BOARD TO SEE THE NEIGHBORHOOD WITH ALL THE HOMES AROUND OR THE CITY MAP.

WE HAVE WHAT YOU SAW, UH, US PRESENTED WITH THIS MORNING AS WELL AS THE CASE REPORT VICE CHAIR , IF I MAY.

I BELIEVE THAT THE MAP HE'S HOLDING UP LOOKS TO BE PAGE 37 IN OUR RECORD.

THANK YOU, SIR.

WE HOPE THAT'S CORRECT.

THAT'S, I'M SORRY.

PAGE 37, YOU SAID NO.

YES, YES, THAT'S CORRECT.

WHAT PAGE? MRS. ? SOMEWHERE IN THE MIDDLE THERE IS LOT 21.

UH, IT'S, UM, BETWEEN BATAN AND CORT BOULEVARD AT THE INTERSECTION OF BATAN AND CORONA BOULEVARD, WE SEE THE FIRST LOT, LOT 23 GOING FURTHER NORTH.

WE SEE LOT 22 AND THE NEXT ONE IS LOT 21.

THERE'S SO MANY NUMBERS IN THIS MAP, AND IF YOU ARE NOT FAMILIAR LIKE I AM WITH THE WHOLE STREETS, IT MIGHT BE VERY DIFFICULT, BUT IF YOU ARE THERE AT LOT 21, THAT IS THE SUBJECT PROPERTY, UH, 33 21 CORONA BOULEVARD.

UM, AND, UH, IF THIS RIA, UM, DO WE HAVE THE PICTURES OF THE PROPERTY AND THEN THE LETTERS OF, UM, THE LETTER OF APPROVAL AND THEN MAYBE THE PICTURES OF CERTAIN PROPERTIES SIMILAR TO THE SUBJECT PROPERTY, THAT WOULD BE VERY HELPFUL FOR THE BOARD OF ADJUSTMENT TO FOLLOW US.

SO THE REQUEST THAT I HAD TO THE BOARD WAS TO ACCEPT A TWO FEET, UH, TO ACCEPT A TWO FEET INCREASING HEIGHT FROM FOUR FEET IN THE FRONT OF THE PROPERTY FROM FOUR FEET HIGH TO SIX FEET HIGH.

AND THEN ALSO, UH, A SECOND, UM, MATTER WAS TO ASK TO BE ABLE TO HAVE THE FENCE OR THE GATE WITHIN THE TRIANGLE, THE 20 FEET BY 20 FEET, UH, TRIANGLES ON BOTH SIDES OF THE, OF THE PROPERTY IN THE FRONT SIDE.

SO WITH THIS GOING, UM, I'D LIKE TO, UH, PRESENT, THERE ARE A FEW, UH, A FEW PROPERTIES IN THE NEIGHBORHOOD THAT HAVE SIMILAR HEIGHT AND, UH, SIMILAR GATES BUILT WITHIN THE TRIANGLE.

SO, UM, WE WILL START WITH WHAT WE HAVE, UM, ON THIS STREET, ON WAKE STREET 33 19.

IT'S IN THE SAME NEIGHBORHOOD, PROBABLY 300 YARDS, 200 YARDS, JUST EAST OF THE CURRENT PROPERTY.

SO ON THE MAP, IF YOU'RE LOOKING ON THE MAP, YOU WILL SEE JUST, SO THE MAP, THE PROPERTY SUBJECT PROPERTIES 30, IT'S 3, 2, 1 RIGHT HERE.

SO EAST WE HAVE HERBERT AND THE FOLLOWING ONE, IT'S WAKE.

SO ON WAKE WE HAVE TWO PROPERTIES, TWO CONSTRUCTIONS, 3, 3, 1, 9 AND 3, 3, 0, 2.

SO ON THE, ON THE SCREEN WE HAVE 3, 3, 1, 9 THAT HAS A SIX FOOT FENCE IN FRONT OF THE PROPERTY.

IF YOU GO, PLEASE MS, BE FURTHER DOWN TO FIND A 33 0 2.

THIS IS THE ONLY PICTURE I HAVE.

OKAY.

I JUST RESENT YOU THE EMAIL THAT I SENT SEVERAL WEEKS AGO.

UM, AND IN THE EMAIL THAT YOU SENT, THIS WAS THE ONLY PICTURE PROVIDED.

THAT WAS THE SECOND EMAIL I SENT TODAY.

SO BEFORE THAT YOU FORWARDED IT AND THIS WAS STILL THE ONLY PICTURE.

OKAY.

I'M SORRY.

IN THIS PICTURE I DON'T SEE A FENCE IN THE FRONT YARD.

ARE WE ALL LOOKING AT

[00:15:01]

THE SAME THING? IT'S THE SAME.

IT'S THIS SIDE OF THE, THE RIGHT SIDE OF THE FENCE.

IT'S LITERALLY COMING LIKE TWO FEET ALL THE WAY.

SO THE, THE, THE SIX FOOT FENCE ON THE, THAT ONE RIGHT THERE, IT'S COMING LIKE TWO, THREE FEET TO THE FRONT BORDER OF THE PROPERTY.

THE TIME IS PASS, TIME IS UP, YES.

HAS 10.

OKAY.

HAS HE USED ALL 10 OR FIVE M OKAY, I CAN 10.

YEAH.

SO I RESET YOU, MA'AM, MS. CAMRY, I SENT YOU TODAY THE EMAIL THAT I SENT SEVERAL WEEKS AGO.

SO IF YOU'RE LOOKING PROBABLY LESS THAN A MINUTE BEFORE THIS EMAIL, I SENT YOU THE OTHER FOUR PROPERTIES, WHICH SHOULD BE 33 0 2.

IT'S A BRAND NEW PROPERTY IN THE NEIGHBORHOOD, 33 0 2 WAKE STREET, UM, OKAY.

33 0 2 WAKE STREET.

AND THEN WE HAVE, UM, I'M SORRY FOR THIS TECHNIC DIRECTLY, THE EMAIL WAS RESENT AT 1:35 PM SO, UM, SO ON THE PHONE IT'S THIRTY THREE OH TWO WAKE STREET, A NEW CONSTRUCTION THAT HAS A SEAT FOOT ELECTRIC GATE.

UH, OKAY, SO THIS IS, THAT'S THE EMAIL.

SO THIS IS OKAY, IF YOU GO FURTHER DOWN PLEASE, OR WE CAN STAY HERE.

THIS IS 3, 3 3 7 ON MY STREET.

IT'S ABOUT THREE FOUR HOMES NORTH OF MY HOUSE.

WE HAVE 33 37 THAT HAS A SIX FOOT FENCE INSIDE THE TRIANGLE.

IF YOU GO TO THE NEXT PICTURE, PLEASE JUST SCROLL DOWN ON THE EMAILS.

I'M, I'M SORRY, I'M SORRY.

SO, UM, I, I, I GUESS I'M, MAYBE I'M NOT UNDERSTANDING, BUT ARE WE LOOKING AT A FENCE THAT'S SIMILAR TO WHAT YOU ARE, UH, REQUESTING? BECAUSE THIS, UH, HEIGHT, I'M JUST HEIGHT.

HEIGHT, YES SIR.

I APOLOGIZE.

SO IT'S HEIGHT THAT I'M LOOKING FOR TWO FEET INCREASING HEIGHT, AND EVENTUALLY, UH, IF POSSIBLE, TO BUILD WITHIN THE TRIANGLE THE 20 FEET BY 20 FEET FROM THE DRIVEWAY TO BUILD INSIDE THE TRIANGLE, THE GATE.

BUT THIS, THIS FENCE ON THE SCREEN HERE, THIS IS BASICALLY FULLY O THE OPACITY IS, IS NOT AN ISSUE WITH, WITH THIS.

SO THE VISIBILITY TRIANGLE WOULDN'T NECESSARILY, UM, UM, COME INTO PLAY WHEN LOOKING AT A FENCE LIKE THIS VERSUS, SO I JUST WANNA BE SURE WE'RE TALKING ABOUT THE SAME THINGS.

AND HE'S ASKING FOR HEIGHT AND VISIBILITY, NOT OPACITY, CORRECT? YEAH, BUT, BUT THE BUT THE VISIBILITY, BUT THE VISIBILITY TRIANGLE IS AFFECTED BY, OKAY.

IS IT THOUGH, SO OPACITY WE ARE NOT, YOU'RE NOT ASKING FOR, FOR, FOR, UH, CORRECT, SIR.

WHAT, HOW, WHAT IS THE, UM, I'M LOOKING HERE AND I HAVE A SO KIND OF ROUGH MOCKUP OF WHAT THE FENCE, YEAH, SO, SO WHAT I'M, SO IF YOU'RE GOING FURTHER DOWN, SO WHAT I'M LOOKING FOR IS TO INCREASE FROM FOUR FEET TO SIX FEET, UHHUH, , AND THEN TO BE ABLE, SO, UM, ON THE TWO SIDES OF THE SIDE OF THE DRIVEWAY, THERE MUST BE A 20 FEET EACH WAY INSIDE THE DRIVEWAY AND OUTSIDE.

AND THEN WHERE THE TRIANGLE, SO INSIDE THESE TRIANGLES, I'M TRYING TO JUST PUT THE FENCE.

IT'S, THERE IS NO, THERE'S NO OPACITY, SO IT'LL BE 50% MINIMUM.

UH, CLEAR.

IT'S JUST SO I CAN BO UH, PUT INSIDE IF POSSIBLE.

UM, THE MORE IMPORTANT IS THE SIX FEET HEIGHT, THE TWO FEET ADDITIONAL HEIGHT.

SO I WAS LOOKING IN THE NEIGHBOR.

SO FOR EXAMPLE HERE, THE FOLLOWING NEIGHBOR, IT'S LIKE FOUR HOMES NORTH OF MY PROPERTY.

WE CAN SEE IT'S A FOUR FOOT, BUT IT'S A GATE INSIDE THE VISIBILITY TRIANGLE THAT'S GOING SIDEWAYS.

UM, IF YOU GO TO THE NEXT PICTURE, SO THIS IS INSIDE THE VISIBILITY TRIANGLE, AND THEN THIS IS EXACTLY BEHIND MY HOUSE.

SO IF YOU'RE LOOKING STRAIGHT TO THE PICTURE WHERE YOU SEE THE CAR BEING PARKED TO THE RIGHT A LITTLE BIT, IT'S THE FENCE IS MY PROPERTY.

WE CAN SEE IT BECAUSE OF THE TREE.

SO MY NEIGHBOR BEHIND ME, 33 26, HE HAS A SIX FOOT GATE, ELECTRIC GATE THAT IS ALSO INSIDE THE VISIBILITY TRIANGLE.

AND HE'S ALSO SIX FOOT HIGH.

AND IF YOU GO FURTHER DOWN, PLEASE, I'M SORRY, WHEN YOU SAY YOUR NEIGHBOR BEHIND YOU, DO YOU? YES, SIR.

33, 3 3, 2, 6.

UH, UH, BAT ON THIS FLAT MAP THAT YOU'RE, THAT YOU'RE, YOU, YOU'VE BEEN REFERRING TO.

COULD YOU REPEAT AGAIN PLEASE? COULD YOU REPEAT? I DIDN'T.

THE, THE, THE MAP THAT, THAT YOU REFERRED TO REALLY GIVES US NUMBERS.

SO ON THE MAP, SO I'M HERE, THE 21.

YOU'RE

[00:20:01]

21.

SO LITERALLY BEHIND ME, JUST BEHIND ME, IT'S GONNA BE ON BUTTON.

SO THE PROPERTY'S TRIANGULAR.

I'M SORRY, IT'S A TRIANGLE LOT.

YES, THAT ONE.

THAT'S IT.

THAT'S THE ONE.

IT ACTUALLY DOESN'T HAVE A NUMBER.

OKAY.

THAT'S THE ONE.

THAT'S 3, 3 26.

THIS 1, 3, 3, 4, UH, 45.

IT'S THE LAST ONE ON MY PROPERTY AS WELL THAT HAS A SIX FOOT GATE STILL INSIDE THE VISIBILITY TRIANGLE.

AND THEN ONE MORE DOWN, THIS IS ON MY STREET AS WELL.

IT'S LIKE THIS 3 1, 2, 3, LIKE OUT NUMBER FOUR, FIVE, AND SIX ON MY STREET.

AND THIS IS A SIX FOOT ELECTRIC GATE.

THIS IS, IT'S DOWN.

SO I'M ON CORONA, WE HAVE HERBERT, AND THEN WE HAVE, UH, WAVE.

THIS IS THE FIRST NEIGHBORHOOD NORTH OF SINGLETON, EAST OF SYLVAN.

THIS FIRST NEIGHBORHOOD THAT TRINITY GROVES, THE LABA NEIGHBORHOOD.

YOU ARE RUNNING RIGHT UP AGAINST YOUR TIME? YES.

I, WE CAN BE FAIRLY FLEXIBLE.

WE'LL GIVE OPPOSITION THE EXACT SAME TIME, BUT THINK ABOUT WRAPPING UP.

YES, THANK OUR QUESTIONS.

DON'T COUNT AGAINST YOUR TIME AS WELL.

OKAY.

SO THIS IS THE LAST PROPERTY WITH SIX FOOT GATE DOORS.

UH, AND THEN THERE'S A FEW LETTERS OF, UH, APPROVAL.

I HAVE THREE LEFT.

AND MY UNDERSTANDING IS THAT FIVE OF THEM, UH, SENT THEIR DISAGREEMENT.

IF I KNEW EARLY, I WOULD'VE TAKEN MORE FROM THE NEIGHBORS.

UM, SO I APOLOGIZE FOR THOSE FIVE.

UM, THANK YOU SO MUCH FOR YOUR TIME.

I APPRECIATE, UM, I APPRECIATE UH, ALL THE INPUT THAT YOU HAVE.

I'M LOOKING FOR A TWO FEET HEIGHT AND I'M LOOKING EVENTUALLY TO BUILD INSIDE A VISIBLY TRIANGLE.

ONE OF THE TWO OR BOTH.

I WOULD KINDLY APPRECIATE.

THANK YOU SO MUCH FOR YOUR TIME.

THANK, UH, SORRY.

THANK YOU.

I SUSPECT THEY'LL BE QUESTIONED.

I JUST TO BEGIN, HAVE YOU SEEN YOUR NEIGHBOR'S LETTER? NO, I HAVE ONLY THE LETTERS THAT THEY GAVE ME.

MISS CYNTHIA, I'VE BEEN THERE IN THE LAST THREE YEARS.

I TALKED TO HER, I TALKED TO HER DAD EVERY SINGLE DAY WE TALK.

NICE, MISS.

I KNOW, AND I JUST HEARD TODAY THAT, AND I WAS REALLY, SHE'S LIKE, WHAT? SO, UH, I APOLOGIZE FOR THIS, UH, FUTAL.

I DIDN'T KNOW UNTIL I JUST CAME IN.

UH, THAT MISS CYNTHIA, HER DAUGHTER, HER OTHER DAUGHTER, THE DAD AND THE RENTER PROPERTY OF THE DAD ALL AROUND ME.

UH, WE HAVE THE LETTER BEHIND ME, MR. ZUNIGA, THAT HAS FOUR PROPERTIES.

I ONLY HAVE THE 3, 3, 4, 6, JUST BEHIND ME WHERE IT'S 3 3 26 WITH THE HEIGHT, THE, DO YOU SHOW ANY OF THESE LETTER? ARE THESE, YOU'RE, YOU'RE DISCUSSING LETTERS, YES OR NO? YEAH.

MR. ZUNIGA, HE HAS 3, 3, 4, 6, BUT HE HAS FOUR PROPERTIES.

SO 3, 3, 4, 6 IS THE FURTHEST FROM MY HOUSE, WHICH IS LIKE SIX HOMES.

AND THEN HE HAS 3, 3, 4, 2 38 AND 34 VICE.

I THINK THE OTHER LETTER WOULD SUPPORT OUTSIDE THE, IS THAT WHY THEY WOULDN'T RECOGNIZE THAT? SO THE TRIANGLE ONE, IF YOU REMEMBER WHEN YOU ASKED ME THE QUESTION, IF IT'S THE TRIANGLE LOT, SO THAT LOT, IF YOU COUNT AS BEING NUMBER ONE.

SO THE PRO, THE LOT NUMBER 3, 4, 5, AND SIX BELONG ALL TO MR. ZUNIGA GILBERT.

AND THEN HE SIGNED ME AND HE PUT HIS ADDRESS, HE'S ONE BEING 3, 4, 6, THE LAST ONE I SEE.

BUT HE OWNS ALL FOUR LOT, ALL FOUR HOMES.

AND I HAVE 3, 2, 3 7 IN THE CORNER RIGHT THERE.

AND 3 2, 1 BATAN STREET IN THE CORNER, LIKE 150 YARDS.

ARE YOU AWARE OF THE NEIGHBORHOOD STANDARDS ORDINANCE THAT THE RESIDENCE, I'M JUST GONNA READ THIS INTO THE RECORD.

YES, SIR.

QUICKLY, UH, THIS LETTER SERVE AS FORMAL WITHDRAWAL OF OUR FAMILY'S PREVIOUS SUPPORT FOR THE SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATION FOR CASE B 8 2 3 4 DASH OH TWO OH AT 33 21 COR AT BOULEVARD.

WE, THE UNDERSIGNED RESIDENCE COR BOULEVARD, INITIALLY SIGNED IN FAVOR OF THE EXCEPTION BASED ON LIMITED INFORMATION.

UPON FURTHER REVIEW AND UNDERSTANDING OF THE PROPOSED FENCE HEIGHT AND ITS POTENTIAL IMPACT ON THE NEIGHBORHOOD, WE HAVE SERIOUS CONCERNS.

THE DRASTIC INCREASE IN FENCE HEIGHT WOULD SIGNIFICANTLY ALTER THE CHARACTER OF OUR STREET AND NEGATIVELY IMPACT THE OVERALL NEIGHBORHOOD STANDARDS ORDINANCE.

AND SO THAT WE AS RESIDENTS VALUE AND APPRECIATE.

THEREFORE, WE RESPECTFULLY, RESPECTFULLY REQUEST THAT OUR PREVIOUS SIGNATURES IN FAVOR OF SPECIAL EXCEPTION BE WITHDRAWN AND, UH, THAT THE APPLICATION FOR BDA 2 3 4 DASH OH TWO OH BE DENIED IN ACCORDANCE WITH THE EXISTING NSO REGULATIONS.

WE BELIEVE THE CURRENT FENCE SITE REGULATIONS ARE IN PLACE FOR A REASON SHOULD BE UPHELD TO MAINTAIN AND ESTABLISH HARMONY AND AESTHETICS OF OUR COMMUNITY.

SIGNED, UH, INCLUDING MR. ZUNIGA, UH, SELENA GARZA, LUIS GARZA, CYNTHIA GARZA, THAT'S THE LETTER.

YES, SIR.

SO THESE ARE TWO FAMILIES CALLED ZUNIGA.

SO THE ONES THAT YOU JUST PRESENTED ARE THE FIVE LETTERS.

UH, IT'S THE FATHER, THE DAUGHTER, AND THEN TWO GRAND, TWO GRAND, UH, CHILDREN, AND THEN A RENTAL PROPERTY.

UM, THE OTHER ZUNIGA, MR. GILBERT, MR. GILBERT HAS BEEN, UH, IN THE NEIGHBORHOOD SINCE 19, UH, 48.

UM, HE'S BEEN SINCE AGE OF SIX THERE, AND HE'S SEEN EVERYTHING IN THE NEIGHBORHOOD.

SO THAT'S WHY I DROVE IN THE

[00:25:01]

NEIGHBORHOOD TO FIND PROPERTIES WITH A SIX FOOT HEIGHT.

AND THE NEIGHBOR BEHIND ME HAS A SIX FOOT HEIGHT, UH, GATE.

AND THEN, UH, THREE HOMES TO MY NORTH.

THREE OF THOSE HOMES HAVE SIX FOOT HEIGHT GATES INSIDE A VISIBILITY TRIANGLE AND THEN TWO STREETS.

UH, WAKE STREET HAS ALSO A SIX FOOT ELECTRIC GATE, SO IT'S ONLY TWO FEET INCREASE, UH, IN HEIGHT.

UM, AND I, YES, I'M AWARE OF THE, OF THE CITY ORDINANCE.

ACTUALLY.

IT'S BEEN, UH, MY HOUSE, IT'S, IT, IT'S TAKEN THE LONGEST, UH, TO BUILD.

BUT I, I WAS THE FIRST THERE TO BUILD THIS HOUSE.

AND I KNOW WE HAD THE ISSUES FROM THE VERY BEGINNING WITH THE 30 FEET HEIGHT.

UH, ACTUALLY LAST YEAR, END OF SPRING, AS SOON AS I WAS JUST ABOUT TO GET THE, UH, TO GET THE FRAMING DONE, UH, THE CT COMPLIANCE PERSONNEL CAME AND I DIDN'T KNOW WHAT TO EXPECT.

I ASKED HIM, HE EXPLAINED ME THE PROBLEMS THAT SOMEBODY MENTIONED THE NEIGHBORHOOD HAD ISSUES WITH THE HEIGHT, AND I SAID, PLEASE COME IN, TAKE ALL THE MEASUREMENTS, ALL THE HEIGHTS, EVERYTHING HE DID THAT HE FOLLOWED THROUGH AND EVERYTHING WAS IN COMPLIANCE.

I WAS HAPPY TO WELCOME HIM.

AND YES, THAT'S HOW WE FOLLOWED THE, THE COMPLIANCE OF THE NEIGHBORHOOD.

I ONLY SEE IN, IN OUR PACKET AND IT'S POSSIBLE IN THE PRESENTATION.

I MISSED, UH, GUYS, IT'S IN PAGE 40, UH, SORT OF ONE BASIC SKETCH OF WHAT YOUR FENCE WANTS TO LOOK LIKE.

IS IT WROUGHT IRON FENCE WITH HORIZONTAL STRIPES IS WHAT IT LOOKS LIKE.

SIX FEET HIGH, REALLY FIVE FEET, 10 IS, DO YOU, IS THERE ANY I SORT OF HAVE JUST A BLACK AND WHITE SKETCH IN THE BOTTOM.

YEAH, THAT WAS ME THAT I DID IT.

I, UM, SO THIS IS HOW IT WOULD LOOK LIKE SIX, SIX INCHES AND THEN EMPTY SPACE, SIX INCHES EMPTY SPACE.

SO EACH SPACE IT'S SIX INCHES.

SO IT'S AT LEAST 50% VISIBILITY OF THE GATE AND THEN THE SAME FOR THE FENCE.

UM, I WAS, THANK YOU.

UH, I APPRECIATE THERE ARE OTHER QUESTIONS.

I LIVE IN THE NEIGHBORHOOD FOR A, UH, FOR A FULL YEAR WITH MY WIFE.

I'M A, UH, I USED TO WORK FOR GOLDMAN SACHS FOR SEVERAL BANKS AND, UH, THE CPA AND THE ISSUE THAT WE HAD, MY WIFE IS A PRIVATE AND WE HAVE TWO KIDS EVEN TODAY WITH THE OTHER GUNSHOTS IN THE NEIGHBORHOOD.

UH, AND IT'S A VERY BIG, VERY BIG CONCERN.

UM, AND I'VE BEEN TRYING WITH MISS CYNTHIA, THE MS. CYNTHIA GARZA THAT DENIED THE LETTERS IN THE LAST MOMENT.

I SEE.

WE'VE BEEN TRYING TO SEE IF WE CAN PUT SPEED BUMPS TO BRING THE NEIGHBORS.

SO, UH, IN THE WEEKENDS WE DON'T HAVE CARS SPEEDING 50, 60, 70 MILES AN HOUR IN THE WEEKEND ALL THE TIME BY THE CANADA DRIVE.

WE'RE JUST TRYING TO IMPROVE THE NEIGHBORHOOD.

AND SHE WAS VERY NICE AND KIND IN CYNTHIA.

SHE, UH, SHE SENT INITIALLY THE LETTER TO THE CITY OF THE, PROBABLY NOT TO THE CITY.

I CAN'T REMEMBER EXACTLY WHAT ORGANISM.

UH, AND THEN WE'VE TALKED ACTUALLY WITH THE ASSISTANT CT, UM, I APOLOGIZE, I TERMINOLOGY, UH, THE CT, UH, COUNCIL, THERE ARE LOTS OF DIFFERENT TITLES IN THIS ORGANIZATION.

I DON'T PRETEND TO UNDERSTAND WHICH IS WHICH.

SO I, I DON'T KNOW.

YEAH, I'M NOT RIGHT.

I'D HAVE TO SEARCH THE EMAIL, WHICH IS, BUT, BUT ANYWAY, WE GOT THE APPROVAL TO BUILD A FENCE TO BUILD THE BUMPS.

THEY CAME IN AND THEY STILL DIDN'T DO IT FOR ABOUT SEVEN, EIGHT MONTHS.

THEY DID IT ON THE NEXT EAST.

AND I WAS TOLD THAT IT'S POLITICS INVOLVED.

AND SO THOSE HAVE BEEN DONE IMMEDIATELY, UH, SINCE I STARTED MY HOUSE, THERE'S ABOUT SIX HOMES ON HERBERT EAST OF MY STREET, AND THERE ARE SPEED BUMPS BEAUTIFUL RIGHT THERE.

THREE HOMES.

UH, THEY JUST FINISHED, UH, IN THE LAST MONTH, UH, BEING BUILT.

OKAY, I UNDERSTAND.

I I WAS JUST WONDERING WHETHER THERE'S, THERE'S A, ANOTHER, UM, DRAWING.

IF WE WERE TO APPROVE IT, WHAT WOULD WE BE ABLE TO HOLD HIM TO? NOT AN ELEVATION OR AT LEAST DOES, DOES THIS COUNT AS AN ELEVATION? YOU GOTTA SAY IT FOR THE RECORD.

WE'D BE HELD TO THE SITE GRANT AN ELEVATION THAT YOU SUBMITTED TO US.

YEAH, AN ELEVATION SHOWS.

EXACTLY.

THAT'S THE ONE THAT, UH, UM, MR. UM, ROBERT, HE HAD THE PAPER THAT I HAD MY HAND, AND IT SHOWS 8 46 FEET.

IT SHOWS A MAXIMUM HEIGHT OF SIX FEET WITH, UH, AT LEAST 50% CAPACITY.

MR. CHAIRMAN, MS. POWELL, MR. VICE CHAIR ON PAGE 26, THE, IT MENTIONS THAT

[00:30:01]

THE ENGINEERING DIVISION HAS NO OBJECTION TO THE PROS AND MENT.

AND, AND, UH, ALSO THE NEXT BULLET POINT SAID THAT, UH, GRANTING THE SPECIAL EXEMPTIONS TO DEFENSE STANDARDS RELATING TO HEIGHT AND VISIBILITY OBSTRUCTION REGULATIONS WITH THE CONDITION THAT THE APPLICANT COMPLIES WITH THE SUBMITTED SITE PLAN AND ELEVATIONS WOULD REQUIRE THE PROPOSAL TO BE INSTRUCTED AS SHOWN ON THE SUBMITTED DOCUMENT.

SO I TAKE THAT AS NOT HAVING AN OBJECTION.

UM, THE, WELL, THE FIRST PART, APPARENTLY MR. NAVAREZ SAID HE HAD NO AGENDA.

I THOUGHT MAYBE HE WAS GONNA JOIN US, BUT OH, THERE HE IS.

UM, SO WE'LL ASK HIM IN JUST A MINUTE.

UM, WHAT I WAS ASKING IS WHETHER THERE ACTUALLY IS SOME FORM OF SITE PLAN IN THE POSSESSION, BECAUSE I OBVIOUSLY HAVEN'T SEEN IT, BUT THIS IS, IS NOT OKAY.

OKAY.

UH, SORRY.

SHE POINTED TO PAGE 39.

OKAY.

ARE THERE OTHER QUESTIONS OF THE APPLICANT OR SHALL WE LET HIM SIT DOWN? MR. S I'M JUST LOOKING AT THE, UM, THE SKETCH ON PAGE 40 OF, UM, OF OUR, UM, DOCUMENTS.

THIS YES, SIR.

AND I'M TRYING TO UNDER UNDERSTAND, UM, THE, SORRY, I'M JUST TRYING TO UNDERSTAND THE DESIGN.

YES, SIR.

SO YOU'RE USING ROD EYE? YES.

YES, SIR.

AND YOU, SO I SEE, UM, SEVERAL COMPONENTS THAT ARE SIX INCHES.

YES.

ARE YOU, YOU ARE USING SIX INCHES, UH, SQUARE TUBE OR YES, SIR.

YES.

YES.

SO IT'S SIX TWO BY SIX SQUARE TWO, AND THEN YOU HAVE SIX INCHES OF, UH, MAPPING.

IT'S JUST, UH, ALRIGHT, SO THIS IS, THIS IS SPACE.

SO IN BETWEEN, SO YOU HAVE, YOU HAVE, UM, SQUARE TWO SIX INCHES OF SPACE, SPACE SQUARE, TWO SIX INCHES, SIX INCH OF SPACE? YES, SIR.

OKAY.

AND THEN THE CENTER BETWEEN THE COLUMN IS A, I GUESS IS A SQUARE TUBE THAT IS SEQUENTIAL TO SUPPORT.

OKAY.

YEAH.

OKAY.

ALL RIGHT.

THAT'S THE OPAC.

OH, THANK YOU.

I WAS JUST TRYING TO UNDERSTAND IT.

THAT'S GONNA BE PRETTY HEAVY, BUT I KNOW THAT THAT'S, THAT DIDN'T HAVE ANYTHING TO DO WITH WHAT WE'RE TALKING ABOUT HERE.

I JUST NEEDED TO UNDERSTAND THE DESIGN.

THANK YOU.

THANK YOU, SIR.

ARE THERE ARE OTHER QUESTIONS FOR THE APPLE? OKAY, THANK YOU.

REST YOUR LEGS.

THANK YOU.

UH, YOU'LL HAVE A, A FIVE MINUTE REBUTTAL AT THE END.

UH, MR. NAVAREZ HAS JOINED US.

SO, UH, WOULD YOU, UH, TELL US WHY YOU HAD NO, UH, OBJECTION TO, TO THE, THE VISIBILITY, UH, OBSTRUCTION.

UM, GOOD AFTERNOON BOARD MEMBERS.

CAN YOU HEAR ME? THANK YOU.

UM, I APOLOGIZE I WAS NOT ABLE TO JOIN TODAY.

UH, BUT I APPRECIATE US LETTING, UH, EXPLAIN WHY WE PROVIDED A RECOMMENDATION OF NO OBJECTION.

UM, JUST MAKING SURE THAT WE'RE, WE'RE IN ORDER.

UH, DID, DID YOU MEAN TO CALL ON THE OPPOSITION OR THEY'RE JUST LETTERS AND NOT PRESENT THE OPPOSITION? WE ARE, WE'RE STILL TALKING WITH THE APPLICANT.

UH, UM, IF YOU WOULD RATHER COMMENT AFTER THE OPPOSITION, THAT'S FINE.

UH, MY COMMENT, I'M SORRY.

ARE YOU HERE? NO, NO.

UM, MY, MY COMMENT'S STRAIGHTFORWARD.

SO I'M, I'M, I'LL JUST GO AHEAD AND SAY THAT, UH, OKAY.

WE, WE ALWAYS WANNA BE CONSISTENT IN OUR RECOMMENDATION TO THE BOARD FOR VISIBILITY TRIANGLES, WHICH I THINK IS ONE OF THE MOST, UM, PRESSING ITEMS THAT WOULD GET CLOSER TO TRAFFIC SAFETY.

SO WE, WE DEFINITELY, UM, WANNA MAKE SURE YOU, YOU SEE US HAVING A CONSISTENT RECOMMENDATION ACROSS ALL PANELS.

UM, BUT, BUT EVERY CASE IS UNIQUE.

UH, THERE, THERE'S SPECIFIC FACTORS SUCH AS THE LAND USE, WHETHER IT'S A RESIDENCE OR A CUSTOMER COMING IN AND OUT OF THE DRIVEWAY, WHETHER THERE ARE SIDEWALKS AND PEDESTRIANS THAT WOULD BE IN CONFLICT WITH A VEHICLE COMING OUT OF A, OF A DRIVEWAY.

THAT'S VERY IMPORTANT.

UM, ROADWAY VISIBILITY, SPEED, UH, THERE MIGHT BE, UH, SIMILAR CONDITIONS WITHIN THE NEIGHBORHOOD.

AND THEN SPECIFIC TO RESIDENTIAL PROPERTIES, WHETHER THE ENCROACHMENT IS ON A PRIVATE DRIVEWAY OR THE ENCROACHMENT IS AT A, A PUBLIC ALLEY OR A STREET.

UM, VERY, VERY SPECIFIC TO THIS CASE SINCE WE FOUND, WE, WE FOUND NO, NO REASON TO OBJECT, UH, HAVING TO ANSWER MY QUESTION AS TO WHY WE WOULD OBJECT WOULD BE A MORE DIFFICULT STAND, UH, THEN, THEN US NOT HAVING ANY OBJECTION SIMPLY BECAUSE WE, WE, WE CAN'T, WE DON'T HAVE AN, AN OBJECTION TO THE REQUEST.

THERE IS A SIDEWALK, THERE ARE PEDESTRIANS OUT THERE.

THE FACT THAT IT'S A MEDIAN DIVIDED ROAD ALSO HELPS THE APPLICANT.

AND THEN THE FACT THAT THAT SIMILAR CONDITIONS EXIST THROUGHOUT THE NEIGHBORHOOD ALSO, UM, UM, WAS FACTORED IN, IN OUR, IN OUR RECOMMENDATION TO THE

[00:35:01]

BOARD MEMBERS.

AND THEN I'LL, I'LL ALSO LET YOU KNOW THAT THE, THE REQUEST IS TO DEVIATE FROM A 20 BY 20 VISIBILITY TRIANGLE DOWN TO ABOUT 10 OR NINE BY NINE, APPROXIMATELY HALF OF WHAT THE STANDARD WOULD BE.

THAT I, I, I HOPE THAT YOU FIND THAT OF RELEVANCE ONE WAY OR ANOTHER.

THAT IS OF RELEVANCE.

WHAT, UH, AND I, I, I KNOW WE JUST HEARD TESTIMONY OF PEOPLE SPEEDING, BUT, UH, WHAT CAN YOU TELL US ABOUT THE TRAFFIC ON THAT STREET IMMEDIATELY IN FRONT? AND I GUESS SPEED LIMITS SORT OF MATTERED THEN.

IS IT A HEAVILY TRAFFICKED STREET? IS IT A PURELY RESIDENTIAL STREET? IT'S HARD TO .

OKAY.

SO I'M NOT FAMILIAR WITH THE NEIGHBORHOOD PERSONALLY AND HAVE NOT DONE OBSERVATIONS MYSELF.

WHAT I KNOW IS FROM, UM, ANECDOTAL EXPERIENCE OF SIMILAR NEIGHBORHOODS, UH, THE, THE ROAD ITSELF, IT ACTUALLY, UM, IT, IT, IT CONNECTS TO BATAN TO THE SOUTH, HEADING OUT ONTO SINGLETON AND THEN CANADA DRIVE TO THE NORTH.

BOTH OF THEM ARE, UH, THOROUGHFARES THAT CARRY A SIGNIFICANT AMOUNT OF TRAFFIC.

THE ROAD ITSELF ONLY SERVES, I'M GONNA SAY, BUT A HANDFUL OF REST, WELL, NO, A HANDFUL HAS A, A QUANTITATIVE CONNOTATION.

SO, UM, IT, IT, IT, IT SERVES A MINIMAL AMOUNT OF SINGLE FAMILY HOMES.

I WOULD NOT, I WOULD NOT THINK THAT THIS IS, THAT THIS ROAD SERVES AS ANY COLLECTOR OR CONNECTION TO TRAVEL BETWEEN THE TWO THOROUGHFARES.

AND I WOULD NOT THINK THAT THIS ROAD CARRIES A HIGH SPEED EITHER.

I THOUGHT YOU JUST TOLD ME IT CONNECTS TO FAIRLY BIG ROADS.

IT, IT DOES, IT CONNECTS TO TWO MA MAJOR ARTERIALS.

BUT, UM, I, I FOUND NO REASON TO THINK THAT A VEHICLE IS GETTING OUT OF, BUT, UH, OUT OF SINGLETON TAKING BATON TO GO ONTO, TO GO ONTO ANOTHER THOROUGHFARE, UH, IT WOULD BE CONSIDERED A LOCAL RESIDENTIAL STREET, EVEN THOUGH IT CONNECTS TO, TO BOTH MAJOR THOROUGH FIGURES.

OKAY.

THANK YOU.

OTHER QUESTIONS? THAT, THAT'S AN NAVAR, THAT'S AN A, A TECHNICAL OPINION, IF I MAY ADD THERE.

CHAIR , I, I KNOW THERE'S A HANDBOOK AT WHICH YOU CLASSIFY THINGS IT, IT'D BE LOCAL RESIDENTIAL STREET.

YES.

OKAY.

OKAY.

ARE THERE OTHER QUESTIONS FOR MR. NAVARRE? OKAY.

UH, THE APPLICANT'S TIME IS, UH, THANK YOU MR. NAVARRE.

I DON'T IF YOU MAYBE HANG WITH US JUST IN CASE, UH, I KNOW I APPRECIATE YOUR TIME, BUT, UM, OKAY.

SO SPEAKERS IN OPPOSITION, I SEE ONE PERSON ONLINE.

IS THERE ANYONE PRESENT IN OPPOSITION? NOT IN PERSON.

SO WE ONLY HAVE ONE SPEAKER IN OPPOSITION ON LINE.

CORRECT.

WOULD YOU PLEASE SWEAR HER IN? OKAY, MS. MARIA LOZADA? YES.

CAN YOU HEAR ME OKAY? YES.

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

PLEASE ANSWER, SIR.

I DO.

AND THEN PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AND, UH, AGAIN, THANK YOU.

THANK YOU.

AND THANK YOU TO THE BOARD FOR GIVING ME THE OPPORTUNITY TO SPEAK.

MY NAME IS MARIA LOSADA GARCIA, AND I RESIDE AT 24 22 POST BRIDGE ROAD, GRAND PERRY, TEXAS.

BUT MY SIBLINGS AND I HAVE INHERITED MY PAR OUR FAMILY HOME AT 32 28 BATAN STREET.

I AM HERE TO SPEAK ON BEHALF OF MR. ZUNIGA AND THE GARZA FAMILIES.

AND AS SHARE OF THE, IN THE NEIGHBORHOOD STABILIZATION OVERLAY COMMITTEE FOR LAVA HAVA NEIGHBORHOOD COMMUNITY ASSOCIATION, WE ARE ASKING THE BOARD OF ADJUSTERS TO DENY THE REQUEST OF THE SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS AND FOR THE SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION.

UM, THE FENCES THAT MR. LUDOVIC WAS ILLUSTRATED, UM, EARLIER WE'RE PROBABLY OUTSIDE EITHER OUTSIDE THE TRIANGLE, YOU KNOW, 20 FEET FROM THE CURB, BUT WERE PROBABLY THERE BEFORE THE CURB WAS EVER INSTITUTED, AND PROBABLY GRANDFATHER GRANDFATHERED.

AND THE TILE FENCE HEIGHT, UM, WILL BE TRACKED FROM THE CHARACTER OF A PRIDEFUL SUPPORTIVE WORKING CLASS COMMUNITY, UM, TO A CODE SHUT OFF SELF-INDULGENT, NON-CARING CHARACTER.

IF THE VISIBILITY TRIANGLE IS OBSTRUCTED, THERE IS CONCERN FOR THE SAFETY OF OUR NEIGHBORS, PARTICULARLY OUR CHILDREN, UM, USING THE SIDEWALK.

THE CHILDREN OFTEN LIKE TO RIDE THEIR BIKES UP AND DOWN THE SIDEWALK, AND MR. ZUNIGA, AN ELDERLY

[00:40:01]

GENTLEMAN, HAS EXPRESSED CONCERN THAT HE WILL NOT BE ABLE TO SEE THEM, ESPECIALLY IF THEY ARE RIDING SCOOTERS WHICH SIT LOW TO THE GROUND.

ONE OF THE CONCERNS, UM, ONE QUESTION THAT I HAVE IS THAT ROCK IRON FENCE BOTH GOING ON, GOING FROM THE, UM, ALSO RUNNING DOWN THE SIDES OF THE UP TO THE HOME.

BECAUSE IF YOU HAVE THOSE SLATS AND YOU HAVE 50%, WHEN MR. ZUNIGA, WHO, IF YOU'RE LOOKING AT THE MAP, HE IS, I BELIEVE TO THE, UH, LOT 22.

SO IF YOU HAVE THESE SLATS AND THEY'RE, AND HE'S BACKING OUT, HE HAS TO LOOK ACROSS BOTH SET OF SLATS, WHICH MAY, UM, BE NOT PARALLEL, BUT OFFSET.

SO IT COULD POSSIBLY BLOCK HIS HO TOTAL VISIBILITY IF HE TR UM, GET WHAT I'M TRYING TO, UM, STATE ARE, ARE YOU ASKING A QUESTION OR WERE YOU JUST MAKING A RHETORICAL STATEMENT, A RHETORICAL STATEMENT? I, I THINK WE CAN, YOU WERE, SO YOU KNOW THE ANSWER IT AS TO HOW THE DEFENSE WRAPS BECAUSE YES, IT, IF IT WRAPS ALL THE WAY AROUND, THEN YES, THOSE FLATS COULD POSSIBLY NOT BE ALIGNED WHEN HE'S LOOKING FROM BACKING OUT OF HIS DRIVEWAY AND HIS TOTAL VISIBILITY CAN BE OBSTRUCTED.

SO, AND THE SAME FOR THE PERSON ON THE OTHER SIDE.

SO WE ARE JUST ASKING THAT OUR CHARACTER REMAIN, AND THAT WE'RE ASKING THE BOARD TO KEEP, TO UPHOLD THE CODES THAT ARE CURRENTLY IN PLACE AND, AND TO PROTECT OUR MODEST HOMES AND OUR UNPRETENTIOUS WAY OF LIFE, WHICH WE BELIEVE ARE WORTHY OF HONORING AND PRESERVING.

SO WE ARE ASKING YOU TO VOTE NO AND DENY THE SPECIAL, UM, EXEMPTION.

THANK YOU.

THANK YOU.

ARE THERE, UH, QUESTIONS MS. P*****K, UH, ARE YOU REPRESENTING YOUR FAMILY WHO OWNS THIS ONE HOUSE IN THE NEIGHBORHOOD, OR ARE YOU REPRESENTING AS, AS AN OFFICER OF SOME NEIGHBORHOOD ASSOCIATION I'M REPRESENTING.

AND IF YOU ARE, IF YOU ARE A REPRESENTATIVE OF SOME NEIGHBORHOOD ASSOCIATION, DO YOU HAVE ANY DOCUMENTATION? UM, I CAN SEND YOU THE MINUTES, BUT YES, I WAS, UM, APPOINTED CHAIR OF THE NEIGHBORHOOD STABILIZATION C COMMUNITY, I MEAN COMMITTEE FOR THE LA BHAVA NEIGHBORHOOD ASSOCIATION.

AND, AND, UM, THERE IS, I'M ALSO SPEAKING ON BEHALF OF THE GARZA FAMILY AND MR. ZIKA BECAUSE THEY WERE NOT ABLE TO BE HERE AND TAKE OFF WORK LIKE I HAVE, AM ABLE TO TAKE OFF WORK FOR THE DAY AND ALSO AS A HOMEOWNER IN THE COMMUNITY.

SO LET ME MAKE YOU PROBABLY ARE, OKAY, SO I THINK IF I REMEMBER, YOU'RE 1915 AND MAYBE 22.

DOES THAT MAKE SENSE? ZUNIGA? YEAH.

8 18, 19.

ARE YOU 24? NO, NO, NO.

THERE'S NO 28.

I'M, I'M LOOKING AT OUR LABEL NUMBER ON THE MAP.

UM, UH, YOU GUYS HAD IT.

UH, BUT I, I HAVE A SENSE OF WHERE THE, THE APP, IF, IF I, I WAS NOT AWARE THAT, THAT YOU WERE, UH, REPRESENTING A, A NEIGHBOR FORMALLY REPRESENTING A NEIGHBORHOOD ASSOCIATES.

THAT'S NEWS TO ME.

YES, THAT'S WHAT I HEARD TOO.

OKAY.

THAT THAT'S WHAT VICE CHAIR AG.

YES.

I WOULD POINT OUT THAT, UM, E EVEN THOUGH THE SPEAKER DID NOT PRODUCE ANY DOCUMENTS CONFIRMING HER CLAIM, SHE STILL HAS, UH, SWORN YEAH.

TESTIMONY.

SO YOU GUYS CAN TAKE THAT THAT'S RIGHT, AS THE VERACITY

[00:45:01]

OF THE STATEMENT AND, UH, AND THEN WEIGH THAT RIGHT WITH YOUR OWN.

AND, AND WE DO HAVE THESE, UH, WE DO HAVE THE LETTERS AND, UH, YEAH, MR. S NO QUESTION.

SORRY, .

I WOULD, UH, VICE, UH, VICE CHAIR.

I WOULD LIKE TO ASK A QUESTION OF, UH, MR. NAVAREZ, MR. NAVAREZ, UM, THE, UM, THIS SPEAKER IN OPPOSITION MENTIONED, UM, CONCERNS WITH, I GUESS THE, UH, WORKMANSHIP POTENTIALLY OF, UH, OF THE SAID, UH, FENCE.

UH, IN YOUR, UM, EXPERT OPINION AS AN ENGINEER, UH, DO YOU HAVE ANY CONCERNS, UM, UH, THAT WOULD MIRROR POTENTIALLY, UH, WORKMANSHIP OR IF THIS IS CONSTRUCTED AS, UH, PROPOSED? UM, DO YOU FORESEE ANY, UM, CONCERNS THAT MAY MIRROR WHAT THE, UM, OPPOSITION, UH, MENTIONED BOARD MEMBER? IN FACT, I CAN'T SPEAK ON THAT.

I HEARD MANY, UH, VERY VALID CONCERNS FROM THE NEIGHBORHOOD REPRESENTATIVE, THE WORKMANSHIP OR PRODUCT.

IT WOULD NOT BE ONES THAT WE, THAT, THAT I'D BE CAPABLE OF, UM, COMMENTING ON THAT MIGHT FALL MORE IN LINE WITH A BUILDING OFFICIAL, FOR EXAMPLE, IN MAKING SURE THAT ALL MATERIALS AND, AND PERMITS ARE FOLLOWED THROUGH PERMITTING AND INSPECTION.

UM, FROM MY, FROM, FROM AN ENGINEERING PERSPECTIVE, UM, WE WE'RE LOOKING AT IT AS AN OBSTRUCTION OR NO OBSTRUCTION, WHETHER IT'S BOARD ON BOARD OR CHAIN LINK FENCE, WHERE YOU CAN COMPLETELY SEE THROUGH, UM, THE MATERIAL NOW, UH, MATERIALS THEY USED TO ACTUALLY COME BEFORE US, BUT I THINK THAT'S CHANGED.

UM, WELL THEN I GUESS, UM, I WILL WAIT UNTIL THE APPLICANT COMES BACK AND, UM, ADDRESS, UM, THAT WITH HIM.

UH, YOU MENTIONED THAT THE HOUSE THAT YOU AND YOUR FAMILY INHERITED IS A 32 28 BATON, WHICH IS NOT ON THE, THE SAME STREET AS CORNET.

CORRECT? IT'S, IT'S A BLOCK DOWN.

IT'S BEHIND IT.

CORRECT.

AND I CAN ALSO ATTEST TO THE TRAFFIC THAT GOES UP AND DOWN BATAN.

UM, THERE WE DO, ESPECIALLY WHEN DURING TRAFFIC TIME, WE HAVE A LOT OF PEOPLE THAT CUT FROM, FROM SINGLETON TO CANADA DRIVE AND VICE VERSA, AND THEY DO ZOOM DOWN THE STREET.

AND ESPECIALLY WHEN THERE ARE EVENTS, SOMETIMES WE'VE HAD, UM, PEOPLE ATTENDING THE EVENTS THEY'RE ON, THE FELIX LOSADA GATEWAY WILL PARK INTO THE NEIGHBORHOODS, AND, AND THEN YOU HAVE A LOT OF PEOPLE WALKING BACK AND FORTH.

AND AGAIN, WHEN YOU HAVE, WHEN YOU'RE BACKING OUT AND YOUR FIGHT LINE IS, IS LOCKED, THERE IS A POTENTIAL FOR A LOT OF, UM, ACCIDENTS.

I CAN UNDERSTAND THAT ON BATON, BECAUSE THAT'S A DIRECT STREET, NORTH AND SOUTH, ACCORDING TO OUR MAPS HERE THAT CONNECTS THAT.

BUT CORT DOESN'T CONNECT TO ANYTHING.

IT'S A FEEDER STREET THAT GOES INTO BATON.

SO I, I HAVE DIFFICULTY UNDERSTANDING WHY THEY WOULD BE CUTTING DOWN CORNET AS OPPOSED TO BATON, WHICH I UNDERSTAND ABOUT.

WELL, I MEAN, YOUR CONCERNS ABOUT BATON, RIGHT? BECAUSE CORNET GOES STRAIGHT INTO BATON.

SO IT, BATON IT JUST, I DON'T, UNDER ONE OF THE THINGS IS WHAT I, WE NEVER UNDERSTOOD IS WHY DID THEY NOT NAME CORNET KEEP BATAN? BECAUSE IT ACTUALLY STARTS OFF AS BATAN, AND IF YOU SEE IT CHANGES JUST AT A STOP SIGN, BUT IT IS REALLY THE SAME STREET.

SO HOW STREETS ARE NAMED IS ONE OF THE GREAT MYSTERIES OF THE UNIVERSE.

AND I DON'T KNOW THAT ANYBODY CAN SOLVE THAT QUESTION.

RIGHT, RIGHT.

UM, I DO THINK WE, MS WE, WE HAVE TESTIMONY FROM THE APPLICANTS AND OPPOSITION THAT PEOPLE DRIVE FAST.

AND IT SEEMS TO BE A, AN AGREED UPON FACT.

AND AGAIN, IT, OUR BIGGEST CONCERN IS THOSE SLATS BECAUSE IF YOU CAN SEE MY HANDS, IF THE SLATS ARE LINED UP, YOU'RE, THEY'RE GONNA, YOU CAN'T SEE THROUGH THEM.

BUT

[00:50:01]

WHEN YOU'RE, NO MATTER, IT'S ALWAYS DEPENDENT ON THE ANGLE THAT YOU ARE LOOKING AT.

MM-HMM.

.

AND IT, THEY CAN LOOK LIKE A SOLID WALL, DEPENDING ON THE ANGLE.

IF IT'S A CHAINING FENCE THAT'S SIX FEET HIGH, I MEAN, WE STILL WANT TO, WE STILL WANT THE CHARACTER OF THE COMMUNITY TO BE KEPT.

AND, AND THE BIGGEST ISSUE THAT WE ARE HAVING WITH BOARD OF ADJUSTMENTS IS NOT HONORING THE CODES THAT THEY HAVE SET IN PLACE, AND ESPECIALLY WHEN IT COMES TO THE NEIGHBORHOOD STABILIZATION OVERLAY.

WE, IT IS, IT IS A INSULT AND TO, TO OUR NEIGHBORHOOD WHEN WE HAVE TO KEEP COMING BACK HERE TO FIGHT AND FOR Y'ALL TO KEEP THE CODES IN PLACE, THE REGULATIONS IN PLACE.

I'M SORRY, WHAT DO YOU MEAN? THIS, THIS IS THE FIRST TIME WE'VE SEEN THIS CASE.

WELL, I'M NOT TALKING JUST ABOUT THIS CASE, I'M TALKING ABOUT OTHER CASES TOO.

SO I'M NOT TALKING JUST ABOUT THIS CASE.

I'M TALKING ABOUT OTHER CASES TOO THAT WE HAVE TO KEEP COMING BACK AND FIGHT TO PROTECT OUR, OKAY.

SO JUST WANTED TO CLEAR, LET ME ASK A QUICK QUESTION.

MR. MS. MR. MILTON, IF HE CAN PUT A FOUR FOOT FENCE THERE BY RIGHT, BUT HE WOULD STILL HAVE THE VISIBILITY ISSUE NO MATTER HOW HIGH FENCE IS TRUE OR NOT TRUE.

IF HE JUST WANTED A FOUR FOOT FENCE, DOES, DOES HE, HE'D STILL HAVE TO COME HERE, RIGHT? FOR VISIBILITY.

YEAH.

MR. MELKA.

SO MS. LOZADO GARCIA, MY QUESTION IS, IS YOU MENTIONED THAT I GUESS THE, ONE OF THE CONCERNS IS THE VISIBILITY FOR WHOM YOU'RE REPRESENTING VISIBILITY OF BEING ABLE TO WATCH THEIR GRANDCHILDREN OR THEIR CHILDREN AS THEY GO DOWN THE SIDEWALK AND SO FORTH.

UM, NOT, NOT JUST THEIR, IT'S ALL CHILDREN IN THE NEIGHBORHOOD.

OKAY.

BECAUSE WE ALSO HAVE A PARK IN THE NEIGHBORHOOD, AND SO THERE'S A LOT OF CHILDREN THAT COME DOWN THE SIDEWALKS.

SURE.

BUT THERE WOULD BE NOTHING TO PRESENT TO PREVENT MR. GUMBOS, FOR EXAMPLE, FROM PLANTING VEGETATION ALONG THE FENCE LINE THAT WOULD ALSO PREVENT THE SAME THING.

THIS MAY BE A QUESTION FOR, FOR STAFF, IS THAT CORRECT? HE'S ALWAYS GOT THE VISIBILITY ISSUE TRUE.

WHETHER IT'S VEGETATION OR NOT, ANYTHING ABOVE TWO FEET.

OKAY.

I JUST WANNA CLARIFY.

THANK YOU.

THANK YOU.

UM, OKAY, ARE THERE ANY OTHER QUESTIONS? UH, MS. GARCIA, UH, YOU PROBABLY STILL HAVE SOME TIME OR DO YOU, DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO SAY? NO, JUST THAT WE REALLY WOULD APPRECIATE THE BOARD AND ASK THAT YOU SAY NO AND DENY THIS REQUEST.

THANK YOU FOR TAKING THE TIME TO BE WITH US.

THANK YOU.

NOW I HAVE TO RUSH TO MY SON'S BASEBALL GAME.

THAT'S OUR, IT'S ALREADY STARTED , SO THANK YOU FOR YOUR TIME.

APPRECIATE IT.

MAY THE EXIT VELOCITY AND, AND THE, UH, THE LAUNCH ANGLE BE IN YOUR FAVOR.

OKAY, GREAT.

THANK YOU SO MUCH.

THANK YOU.

THANK YOU BOARD, I APPRECIATE EVERYONE.

THANK YOU.

UM, APPLICANT HAS FIVE MINUTES.

REBUTTAL.

PLEASE STATE YOUR NAME AND ADDRESS AGAIN.

YES, I HAVE A FEW CONFLICT.

I HAVE A FEW CONFLICTING THOUGHTS IN REGARDS TO THE STATED THINGS THAT THE LADY PRESENTED.

MRS. GARCIA, UH, SHE DID MENTION THAT SHE LIVES IN THE NEIGHBORHOOD OUTSIDE IN GRAND PRAIRIE.

UM, THE WHOLE ALL FIVE HOMES TO THE LEFT, TO THE LEFT OF MY PROPERTY, ONE THAT'S THE RENTAL OF MR. ZUNIGA, UH, OVER 70 YEARS OF AGE, AN AMAZING NEIGHBOR EVER SINCE DAY ONE, THREE YEARS, FOUR YEARS, EVERY SINGLE DAY I TALKED TO WAS JUST AMAZING.

HIS WIFE PASSED AWAY LAST SUMMER.

UH, JUST AMAZING NEIGHBOR.

UH, AND I'M SURPRISED THAT I SEE THE LADY AND NOT MR. OR MISS CYNTHIA, BUT PASSING THAT OVER, THAT, UH, STATEMENT MENTIONED ABOUT MODEST HOMES WHEN I CAME IN THE NEIGHBORHOOD

[00:55:01]

PROPERTY, TWO HOMES DOWN 3, 3 24, I MEAN 3, 3 25, MR. Z'S GRANDKIDS.

IT'S A TWO STORY HOUSE, BRAND NEW THAT WAS BUILT IN 2020, AND THEN ACROSS THE STREET NEXT TO MISS CYNTHIA, OTHER DAUGHTER, HIS GRANDSON, THE OTHER, THE OTHER KID, UH, 3, 3 25.

IT'S A TWO STORY BRAND NEW HOME THAT WAS BUILT IN 2021.

UM, UH, SO THEY'RE BEAUTIFUL NEW HOMES RIGHT THERE.

IT'S TRUE THEY DON'T HAVE A FENCE, BUT THEY'RE BEAUTIFUL.

TWO STORY HOMES ALSO REGARDING KIDS AND BIKES.

I'M THE ONE THAT HAD, I HAVE TWO KIDS NOW.

THEY'RE 16 AND 14.

TWO, THREE YEARS AGO, THEY WERE THE YOUNGER ONES AND I WAS PLAYING WITH THEM BASKETBALL AT THE PARK NEXT DOOR.

BUT THERE'S NO KIDS WALKING THE NEIGHBORHOOD AND THERE'S NO BIKES.

UH, I'VE NEVER SEEN, UH, I'M NOT GOING TO GO IN POLES.

THERE ARE NO KIDS WALKING THE NEIGHBORHOOD.

THERE ARE SOME, LIKE THIS MORNING WHEN I WAS THERE THAT LIVES FURTHER DOWN AT THE END OF THE STREET THAT WAS WALKING OVER THE SMOKE, THE, UH, THE SMOKE, THE CIGARETTES, I DON'T KNOW HOW WE CALL THOSE AS YOU'RE PASSING BY WITH TWO DANGEROUS DOGS.

UM, BUT, SO THAT'S ABOUT THE KIDS AND THE BIKES, UM, AS FAR AS VISIBILITY AS WELL.

AND SO THE FENCE IS IN MY, ON MY, ON MY PROPERTY.

ALL I'M TRYING TO DO IS TO BUILD TWO FEET TIRE TO MAKE SURE THAT MY WIFE, SHE COMES HOME, UH, SHE FEELS COMFORTABLE, UH, ON THE OTHER SIDE OF THE GATE.

UH, IT'S NO TRAFFIC SAFETY, NO ISSUE.

IT'S, AS I EXIT MY HOUSE, I CAN ONLY GO TO THE RIGHT.

IT'S A ONE WAY, AND THEN THERE'S LIKE 20 FEET WIDE GRASS, AND THEN THERE'S ANOTHER ONE WAY GOING NORTH.

UH, I REALLY, UH, APPRECIATED TO SEE MRS. CYNTHIA GARZA OR MR. ZUNIGA HERE, UH, I ALL THE TIME WITH THEM.

SO IT'S A VERY BIG SURPRISE TO GET THIS, TO GET THESE FIVE LETTERS AGAINST.

UH, I APOLOGIZE FOR THAT, BUT, UM, I'VE NEVER MET, I'VE NEVER MET THE LADY IN THE NEIGHBORHOOD BEFORE.

THAT'S ALL I HAVE.

UH, IF YOU HAVE ANY QUESTIONS FOR ME, PLEASE LEMME KNOW.

I THINK THIS LETTER WAS DATED JANUARY 25TH, 2024.

NO, IT'S, SO THIS LETTER ACTUALLY IS NOT DATED.

UH, I AM, I WOULD LOVE TO SEE AT LEAST EVEN IF PEOPLE WANT TO COMMUNICATE THROUGH THE CITY IN WRITING, COMMUNICATE.

I HAVE NO IDEA WHEN THIS LETTER CAME IN, WHETHER IT'S NOT DATED, UH, STATEMENT UHHUH.

I DID, I FORGOT ONE MORE MENTIONING.

SO, UH, WHEN I APPLIED FOR THE, FOR THE SIX FOOT FENCE IN THE BACK BEFORE I WENT TO THE CITY ON JEFFERSON CITY TO APPLY FOR THE, ALL THE REAR SIDE, COMING ALL THE WAY TO THE FRONT TO APPLY FOR APRIL.

AND SO THEY GAVE ME 20 MINUTES.

I PAID, UH, THE FEE AND THEY GAVE ME APPROVAL TO BUILD UP TO NINE FEET ALL THE WAY IN THE BACK.

AND THE SIDES COMING TO THE FRONT CORNER OF THE PROPERTY.

SO, UH, UM, SO THE CT HAS ALREADY APPROVED AND NOT THE FRONT FOR THE SIX, BUT UP TO NINE FEET HIGH, BUT NOT IN THE FRONT YARD.

NOT IN THE FRONT YARD.

AND, UM, I FORGOT ABOUT THE PERMIT.

THE LETTERS OF OPPOSITION WERE RECEIVED YESTERDAY.

YEAH.

THANK YOU.

UH, I THINK MAYBE MR. SINGTON HAS A QUESTION FOR YOU OR FOR THE STAFF, UM, FOR THE APPLICANT, UM, WHO'S GONNA CONSTRUCT THIS FENCE? UM, THE WELDER IS STILL THERE AT THE HOUSE.

UH, PARDON ME.

THE WELDER.

THE WELDER.

MR. UM, MR. UM, SO THIS IS GONNA BE WELDED, UM, UM, SQUARE TUBING.

YES, SIR.

DONE BY A PROFESSIONAL, UM, FABRICATOR.

ABSOLUTELY, SIR.

YEAH.

YEAH.

SO IT SHOULD BE DONE, UM, PROPERLY AND, UH, ABSOLUTELY WITH, UM, LEVEL.

OH, YES, YES.

HE'S ACTUALLY WORKING INSIDE RIGHT NOW.

FINISHED ALL THE STAIRS, AND WE CALLED FOR THE, WE HAD ALL THE FINALS IN DECEMBER AND FOR THE FINAL BUILDING, I WAS WAITING FOR MR. UH, TO FINISH.

UH, THANK YOU.

THANK YOU, SIR.

THERE OTHER QUESTIONS.

IS THERE ANYTHING ELSE YOU, YOU'D LIKE TO SAY? THANK YOU SO MUCH FOR YOUR TIME.

I DON'T IF I FORGET, I'M SURE I MIGHT, BUT THANK YOU SO MUCH FOR, UH, ALLOWING ME TO SPEAK.

THANK YOU FOR COMING DOWN HERE.

THANK YOU, SIR.

OKAY.

UM, CLOSE THE PUBLIC HEARING AND SEEK A MOTION.

MR. CHAIR.

I HAVE A MOTION.

MR. MILLER, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4

[01:00:01]

DASH 0 2 0 ON APPLICATION OF LUDOVIC GUMBOS GRANT, THE REQUEST OF THE APPLICATION TO CONSTRUCT AND OR MAINTAIN A SIX 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.

MOTION TO APPROVE FOR MR. MILLIKEN.

IS THERE A SECOND? I SECOND.

SECOND.

MS. P*****K.

OKAY.

DISCUSSION, MR. MILLIKEN, IT'S YOUR MOTION.

I FELT THAT, UM, MR. GUMBOS SUPPORTED HIS IS CHALLENGES, UM, PROPERLY WITH DOCUMENTATION FROM OTHER NEIGHBORHOOD, UM, WITH PICTURES.

I DON'T SEE WHERE IT WOULD BE, WHERE IT WOULD ADVERSELY AFFECT THE COMMUNITY.

UM, AND I DO BELIEVE THAT IT WOULD ADD A SAFETY MEASURE TO HIS, UM, HIS PROPERTY.

SO I FULLY SUPPORT OTHER COMMENTS.

WELL, I FELT THE FACT THAT IT IS, UH, YOU CAN SEE THROUGH THE FENCE AND YOU WILL BE ABLE TO SEE PEOPLE COMING AND GOING.

THE FACT THAT YOU CAN ONLY GO ONE WAY ONCE WHEN YOU, UM, EXIT THIS PROPERTY IS ANOTHER.

AND FROM WHAT I CAN TELL, LOOKING AT THE MAPS PRESENTED IN OUR DOCUMENTATION BATON, IT CAN BE A BUSY STREET, BUT THIS STREET DOES NOT LOOK LIKE IT IS GOING TO BE A BUSY STREET.

THERE ARE ONLY 13 HOUSES ON THE STREET, AND THERE'S ALSO A MEDIAN IN THE MIDDLE, WHICH HELPS TO MEDIATE THE TRAFFIC GOING BOTH DIRECTIONS.

GOT IT.

I'M ACTUALLY SITTING ON THE FENCE PERHAPS.

SEE I DIDN'T, UM, UM, ON ONE HAND I BELIEVE PEOPLE USE IT TO GET BETWEEN TWO BIG STREETS.

WHEN WE SAW THE WALKTHROUGH, WE DID NOT SEE FENCES.

FLIP SIDE, THE APPLICANT HAS A RIGHT TO PUT EIGHT FENCE, NOT, WE'RE NOT TALKING ABOUT A NINE FOOT FENCE HERE.

WE'RE NOT TALKING ABOUT A, YOU KNOW, FULLY, UH, YOU KNOW, LIKE A, A CASTLE WALL KIND OF THING WHERE, UM, THE VISIBILITY TRIANGLE, OUR ENGINEERS SAID, LOOK, IT DOESN'T FULLY BLOCK THE NO, HE WAS SAYING, UH, IT, IT BASICALLY APPROACHES ON ABOUT HALF OF THE VISIBILITY TRIANGLE.

UM, I HAVE A SENSE THAT THERE ARE BIGGER FORCES AT ISSUE IN, IN, IN THIS CASE, UM, AND THAT WE'RE LOOKING AT A NEIGHBORHOOD THAT IS RAPIDLY CHANGING.

UM, SO I THINK THOSE ARE, THOSE ARE AT LEAST FACT SETS.

AND IN A MINUTE I'M GONNA HAVE TO MAKE A DECISION.

UH, UM, ANY OTHER WISDOM COMMENTS, SUBTERFUGE? OKAY.

IN THAT CASE, WILL WE PLEASE CALL VOTE? AND THIS IS, THIS IS, UH, A MOTION TO APPROVE THE HEIGHT, MR. SLATE.

AYE.

MS. POLLACK? AYE.

MR. MILLIKEN? AYE.

MR. SINGTON? AYE.

MR. VICE CHAIR? AYE.

MOTION PASSES TO GRANT FIVE TO ZERO.

WE HAVE A MOTION ON THE, UH, EXCEPTION TO THE VISIBILITY PANEL.

MR. CHAIR, I MOTION, SIR, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 0 2 0 ON THE APPLICATION OF LUDOVIC GUMBOS GRANT, THE REQUEST TO MAINTAIN THE ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE ON AT

[01:05:02]

THE DRIVE APPROACH ONTO CORNET AVENUE AS A SPECIAL EXCEPTION TO THE PHYSICAL VISUAL OBSTRUCTION TRIANGLE CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS, 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.

IS THERE A SECOND? I, SECOND, SECOND POLL.

UH, MR. MILKEN, YOUR MOTION? UH, AGAIN, THE, UH, OPACITY HERE I THINK, UM, WILL NOT BE A FACTOR.

I THINK IT WILL NOT BE A SAFETY ISSUE.

SO I FULLY SUPPORT WITH THE, UH, VISIBILITY AND THE DEVELOPMENT OF THE WAY THAT THE, UH, FENCE IS BEING CONSTRUCTED.

I FEEL SAFE.

I ALSO THINK THAT MR. NAVAREZ DID NOT HAVE ANY OBJECTIONS AND SO I WOULD GO BASED UPON HIS COMMENTS.

MRS. OH, I, IF I MUST SAY SOMETHING.

NO, YOU DON'T.

IT JUST LOOKED LIKE YOU WERE ABOUT TO HIT YOU GOT, YOU WERE RIDING THAT BUTTON.

UH, WELL, I DO AGREE.

MR. NAVAR HAS MENTIONED A COUPLE THINGS THAT WERE OF NOTE TO ME.

UM, THE, UM, I WANNA SAY LIMITED, BUT THE LOW AMOUNT OF TRAFFIC THAT, UM, THAT USED, UH, USAGE ON THAT PARTICULAR STREET AND THE FACT THAT, UM, UM, UM, THE APPLICANT, UH, SAID THAT, YOU KNOW, YOU CAN ONLY GO ONE WAY OUT OF HIS PROPERTY.

UM, YOU KNOW, I'M RELUCTANT ALWAYS TO, UM, TO INTERFERE WITH THE VISIBILITY TRIANGLE.

BUT BASED ON THE TESTIMONY AND, UH, MR. NAVARRO'S EXPERTISE, I, UH, LEND MYSELF TO, UM, AGREE WITH THE MOTION.

OKAY.

OTHER COMMENTS? OKAY, MS. WILLIAMS? MR. SLAY? AYE.

MS. P*****K? AYE.

MR. S AYE.

MR. MILLIKEN? AYE.

MR. VICE CHAIR AYE.

MOTION TO GRANT? IT'S PASSED.

FIVE TO ZERO.

THANK YOU.

UH, THANK YOU.

YOU, YOU'LL GET A LETTER AND GOOD LUCK.

UM, OKAY, SO NOW WE HAVE BDA 2 3 2 DASH 0 1 5 4 8 5 9 CORRIGAN DRIVE AND APPLICATION FOR VARIANCE FOR THE FRONT YARD SETBACK REGULATIONS.

IS THE APPLICANT HERE, UH, WOULD YOU RAISE YOUR HAND IF YOU WERE TO SPEAK ON THIS CASE? UH, EITHER WAY.

IS THE APPLICANT PRESENT YOU? UH, YES.

YOU'RE THE APPLICANT.

UH, SO I MAY NEED YOU TO SPEAK ON, ON THE, UH, RECORD.

I'M JUST, UH, IF YOU'RE HERE TO SPEAK ON THIS CASE, YOU'RE THE ONLY SPEAKER, RAISE YOUR HAND IF YOU'RE HERE TO SPEAK ON THIS CASE.

MR. MARIO REYES? YES.

OKAY.

OKAY.

UH, IF YOU ARE REPRESENTING THE APPLICANT, THIS IS THE APPLICANT'S TIME, PLEASE UH, BE SWORN IN, THEN STATE YOUR NAME AND ADDRESS FOR THE RECORD.

OKAY.

THANK YOU VERY MUCH.

UH, MY NAME IS MARIO REYES.

UH, I REPRESENT THE, UH, UM, THE OWNER OF THE PROPERTY.

UM, LET ME SIR.

OKAY.

THE ADDRESS I NEED TO SWEAR YOU IN.

I KNOW I NEED TO SWEAR YOU IN.

THE WHAT? I SWEAR YOU IN.

OH, I'M SORRY.

YEAH.

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

OKAY.

PLEASE SAY YOUR NAME AND ADDRESS.

OKAY.

MARIO REYES.

THE ADDRESS, IT'S, UH, 40 48 59 COR UH, DRIVE.

IS THAT YOUR ADDRESS? THAT'S THE ADDRESS OF THE PARTY.

STATE.

YOUR NAME AND ADDRESS.

OH, MINE, MY ADDRESS? YES.

UH, 7 45 CLEARWOOD DRIVE, DALLAS, 75 2 3 2.

THANK YOU.

UM, JUST BEFORE YOU EVEN START, I'M SORRY, UH, JUST 'CAUSE WE, WE, WE'VE HAD THIS ISSUE IN THE NOT SO DISTANT PAST, UH, YOU ARE THE OWNER'S REPRESENTATIVE.

UM,

[01:10:01]

WELL, I'M THE APPLICANT'S REPRESENTATIVE.

UM, APPLICANT COULDN'T COME TODAY 'CAUSE UH, SHE GET A LAST MINUTE APPOINTMENT TO THE HOSPITAL AND HER SITUATION IS