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GOOD AFTERNOON AND WELCOME TO THE BOARD
[Board of Adjustments: Panel C on February 22, 2024.]
OF ADJUSTMENT.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.
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, ALL QUESTIONS AND COMMENTS ARE DIRECTED THROUGH THE PRESIDING OFFICER.
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.
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.
OPPOSED? NO PASSES UNANIMOUSLY.
FUTURE VOTES WILL BE DONE BY ROLL CALL.
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UM, NO.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.
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.
AN EXECUTIVE SESSION IS, UH, A PRIVILEGED CONVERSATION BETWEEN THE BOARD AND ITS ATTORNEY.
IT IS RECORDED, UH, IN CASE IT IS LATER SUBPOENAED.
ARE WE GOOD? IT IS ONE 40 ON FEBRUARY 22ND, 2024.
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.
BUT
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.
COMMENTS NONE, PLEASE CALL THE VOTE.
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.
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.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
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
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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.
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.
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
I BELIEVE THAT THE MAP HE'S HOLDING UP LOOKS TO BE PAGE 37 IN OUR RECORD.
WHAT PAGE? MRS.
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.
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.
IN THIS PICTURE I DON'T SEE A FENCE IN THE FRONT YARD.
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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 HE USED ALL 10 OR FIVE M OKAY, I CAN 10.
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.
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.
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.
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 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.
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 IF YOU GO FURTHER DOWN, PLEASE, I'M SORRY, WHEN YOU SAY YOUR NEIGHBOR BEHIND YOU, DO YOU? YES, SIR.
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.
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21.SO LITERALLY BEHIND ME, JUST BEHIND ME, IT'S GONNA BE ON BUTTON.
I'M SORRY, IT'S A TRIANGLE LOT.
IT ACTUALLY DOESN'T HAVE A NUMBER.
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.
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.
WE'LL GIVE OPPOSITION THE EXACT SAME TIME, BUT THINK ABOUT WRAPPING UP.
DON'T COUNT AGAINST YOUR TIME AS WELL.
SO THIS IS THE LAST PROPERTY WITH SIX FOOT GATE DOORS.
UH, AND THEN THERE'S A FEW LETTERS OF, UH, APPROVAL.
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.
THANK YOU SO MUCH FOR YOUR TIME.
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.
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
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.
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.
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.
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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.
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.
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.
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.
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.
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.
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.
UH, THEY JUST FINISHED, UH, IN THE LAST MONTH, UH, BEING BUILT.
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.
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
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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.
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.
AND I'M TRYING TO UNDER UNDERSTAND, UM, THE, SORRY, I'M JUST TRYING TO UNDERSTAND THE DESIGN.
AND YOU, SO I SEE, UM, SEVERAL COMPONENTS THAT ARE SIX INCHES.
ARE YOU, YOU ARE USING SIX INCHES, UH, SQUARE TUBE OR YES, SIR.
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.
AND THEN THE CENTER BETWEEN THE COLUMN IS A, I GUESS IS A SQUARE TUBE THAT IS SEQUENTIAL TO SUPPORT.
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.
ARE THERE ARE OTHER QUESTIONS FOR THE APPLE? OKAY, 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.
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.
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.
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
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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.
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
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.
OTHER QUESTIONS? THAT, THAT'S AN NAVAR, THAT'S AN A, A TECHNICAL OPINION, IF I MAY ADD THERE.
CHAIR
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.
WOULD YOU PLEASE SWEAR HER IN? OKAY, MS. MARIA LOZADA? YES.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
AND THEN PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
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
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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.
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.
I'M, I'M LOOKING AT OUR LABEL NUMBER ON THE MAP.
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 THAT'S WHAT VICE CHAIR AG.
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.
SO YOU GUYS CAN TAKE THAT THAT'S RIGHT, AS THE VERACITY
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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.
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.
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.
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.
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WHEN YOU'RE, NO MATTER, IT'S ALWAYS DEPENDENT ON THE ANGLE THAT YOU ARE LOOKING AT.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.
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.
BECAUSE WE ALSO HAVE A PARK IN THE NEIGHBORHOOD, AND SO THERE'S A LOT OF CHILDREN THAT COME DOWN THE SIDEWALKS.
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.
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.
NOW I HAVE TO RUSH TO MY SON'S BASEBALL GAME.
THAT'S OUR, IT'S ALREADY STARTED
MAY THE EXIT VELOCITY AND, AND THE, UH, THE LAUNCH ANGLE BE IN YOUR FAVOR.
THANK YOU BOARD, I APPRECIATE EVERYONE.
UM, APPLICANT HAS FIVE MINUTES.
PLEASE STATE YOUR NAME AND ADDRESS AGAIN.
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, AND I'M SURPRISED THAT I SEE THE LADY AND NOT MR.
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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.
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.
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.
AND, UM, I FORGOT ABOUT THE PERMIT.
THE LETTERS OF OPPOSITION WERE RECEIVED YESTERDAY.
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.
MR. UM, MR. UM, SO THIS IS GONNA BE WELDED, UM, UM, SQUARE TUBING.
DONE BY A PROFESSIONAL, UM, FABRICATOR.
SO IT SHOULD BE DONE, UM, PROPERLY AND, UH, ABSOLUTELY WITH, UM, LEVEL.
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,
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.
UM, CLOSE THE PUBLIC HEARING AND SEEK A MOTION.
MR. MILLER, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4
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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.
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.
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.
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 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.
IT JUST LOOKED LIKE YOU WERE ABOUT TO HIT YOU GOT, YOU WERE RIDING THAT BUTTON.
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.
OTHER COMMENTS? OKAY, MS. WILLIAMS? MR. SLAY? AYE.
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.
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.
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.
UH, I REPRESENT THE, UH, UM, THE OWNER OF THE PROPERTY.
THE ADDRESS I NEED TO SWEAR YOU IN.
I KNOW I NEED TO SWEAR YOU IN.
DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I SWEAR.
PLEASE SAY YOUR NAME AND ADDRESS.
THE ADDRESS, IT'S, UH, 40 48 59 COR UH, DRIVE.
IS THAT YOUR ADDRESS? THAT'S THE ADDRESS OF THE PARTY.
UH, 7 45 CLEARWOOD DRIVE, DALLAS, 75 2 3 2.
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.
[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 VERY DELICATE.
SO SHE, SHE WASN'T ABLE TO, UH, SKIP THAT.
THAT'S, I, I JUST, UH, SO YOU GUYS ARE COMFORTABLE THAT THE APPLICANT HAS, I MEAN, YOU, YOU DO DEED CHECKS AND ALL THAT STUFF.
SO THE, THE APPLICANT WHO APPARENTLY IS NOT THE OWNER PER THE WARRANTY DEED, THE OWNER WAS, UH, MARIBEL SANCHEZ, MAY AND THE APPLICANT, UM, IS BLANCO CARD.
AND YOU HAVE SOMETHING IN WRITING FROM THE OWNER ALLOWING, WE HAVE AN AFFIDAVIT.
SO THEN ESSENTIALLY THIS MAN IS SPEAKING ON, WELL, WHETHER HE IS ON BEHALF OR NOT, HE'S SPEAKING PRESUMABLY FOR THE BEFORE THE APPLICATION.
UH, LIKE WE DON'T REQUIRE SOME AFFIDAVIT THAT, YOU KNOW, THAT'S OKAY.
THE ONE OF THE OWNERS IS HERE WITH ME.
UH, SO I DON'T KNOW IF THAT THAT'S OH, THAT'S, UH, SO YOU, THAT YOU NEED TO, OKAY, THEN THAT'S, THAT WILL MAKE THAT CONFUSION GO AWAY PRETTY QUICKLY.
SO, UM, A PROJECT HERE, IT'S, UH, WE NEED TO APPLY FOR A VARIANCE, UH, FOR THE FRONT YARD SETBACK.
UH, ACTUALLY NOT RIGHT NOW, WE HAVE 25 FEET, UH, REQUIREMENT FOR THIS ZONING, THIS PROPERTY AND NOW WE ARE REQUIRED TO HAVE, UH, 10 FEET, UH, MEASURED FROM THE, FROM THE FRONT YARD.
UM, SINCE WE HAVE A FLOOD PLANE, UH, LINE IN COVERING ALMOST 70% OF THE PROPERTY.
AND THAT DOESN'T LEAVE US TOO MUCH ROOM, UH, FOR BUILDING A HOUSE, WHICH IS, UH, 3000 SQUARE FEET, TWO STORY BUILDING.
UM, SO THE, YOU KNOW, THE BASIC, THE, THE BASE OF THIS, UH, APPLICATION IS JUST, UH, TO GET THIS, UH, 10 FEET FRONT SETBACK.
SO, UM, WE, WE CAN START YOUR, YOUR HOUSE, UH, CLOSER TO THE, THE STREET.
UH, AND, SORRY, I'M MISSING SOMETHING.
UH, THIS IS MY FIRST TIME DOING THIS.
UH, SORRY THAT I'M NOT DOING THIS.
BUT, UH, THIS IS MY FIRST TIME DOING THIS.
SO, UM, I MADE, UH, I MADE THE PLANS FOR THIS PROPERTY.
UH, THE FAMILY, IT'S, UH, FIVE PEOPLE.
THEY GONNA, UH, THE, THE HOUSE IS GONNA BE FIVE ROOMS. THIS IS WHY IT HAS THAT BIG, UM, RIGHT NOW THERE'S NO PROPERTIES, UH, ON THE OUTSIDE OF THE PROPERTY.
THERE'S NO, NO BUILDING ON IT.
UM, AND THE NORTH, UH, NEIGHBOR OF THIS PROPERTY HAS A 25 SETBACK.
UM, THERE ARE NOT TOO MUCH HOUSES BUILT AROUND THIS PLACE BECAUSE, YOU KNOW, BECAUSE OF THE, UH, BLOCK LINE.
AND, UM, SO, BUT WE BASICALLY, WE SAW A COUPLE HOUSES ON THE NORTH SIDE OF, OF THIS DEVELOPMENT, UH, WHICH THEY ARE JUST COMPLETELY INTO THE, UH, FLOOD PLANE.
SO, UH, WE, WE ARE NOT TRYING TO DO THIS.
UH, WE ARE NOT TRYING TO BUILD INSIDE THE, THE FLOOD PLANE.
'CAUSE, UH, THIS REPRESENT, UH, A LOT OF INVESTMENT FOR, FOR THIS, UH, FOR THE OWNER IN, UH, ENGINEERING PLANS, UH, APPLICATIONS.
AND THIS GOES UP TO A HUNDRED THOUSAND DOLLARS, WHICH THEY DON'T HAVE.
UH, THIS CIRCLE SAID ALMOST LIKE 150% OF THE, THE PRICE, INITIAL PRICE OF THE PROPERTY.
SO, UH, WHAT WE'RE TRYING TO DO HERE IS, YOU KNOW, UH, BUILDING HOUSE, JUST, UH, MORE TO THE FRONT SIDE SO WE DON'T ENCROACH INTO THIS, UH, BLOCK PLANE LINE.
AND, UH, BASICALLY THAT'S THE IDEA OF, UH, WE'RE ASKING THIS VARIANCE.
IT LOOKS LIKE THERE'S A PRESENTATION HERE.
I'M SORRY, WHAT? IT LOOKS LIKE YOU, YOU HAVE A PRESENTATION, UH, SOMETHING UP ON OUR SCREEN.
[01:15:01]
DON'T HAVE TO DO IT.I'M NOT TELLING YOU WHAT TO DO, BUT THANK YOU.
SO, OH, I THOUGHT IT WAS HIS, BUT HE, I, YEAH, IT'S UP TO YOU, SIR.
SO, UM, THIS PROPERTY THAT, UH, UH, WE, WE SEE HERE, UM, THIS, UH, IS BEING BUILT JUST VERY CLOSE TO THE, UH, TO THE CENTER OF THE CREEK.
AND, UH, WE, UH, WE SAW THAT, UH, THEY GOT, UM, A PERMIT WELL FROM THE CITY, UH, BUILDING PERMIT.
SO, UH, THIS IS, UM, WE DECIDED THAT, UH, THERE WAS A, A WAY TO DO THIS, UH, WITHOUT, UM, GETTING TO, YOU KNOW, GOING THROUGH ALL THIS PROCESS OF, UM, THE FLOOD PLANE AND INFILL PERMITS.
UM, SO THAT'S WHY WE DECIDED TO DO THIS, UH, 10 FEET VARIANCE THING OUT RIGHT HERE.
WHAT ARE YOU SHOWING US? SO WE CAN SEE TO THE LEFT SIDE, UH, THERE'S A, BASICALLY THERE'S, UM, THE, THE CREEK JUST VERY CLOSE TO THE PROPERTY.
IT'S AROUND 50 FEET FROM, IN THE CREEK, FROM THE CENTER OF THE CREEK.
UH, SO THE, I MEAN, BASICALLY THAT, THAT'S WHAT WE, EXCUSE ME.
SO THE APPLICANT SUBMITTED THIS, UM, THESE, THIS PRESENTATION TO ME.
UM, SHE WAS UNDER THE IMPRESSION THAT THIS LOCATION ALSO HAD SIMILAR FLOOD PLAIN ISSUES.
SO, UM, THERE WAS A PERMIT ISSUE, BUT THEN THERE WAS A STOP WORK ORDER ISSUED BECAUSE OF THE FACT THAT THIS PERMIT WAS NEVER ROUTED TO FLOODPLAIN.
SO, CURRENTLY RIGHT NOW, THEY ARE NOT ALLOWED TO, UM, DO ANY MORE WORK BECAUSE OF THE SAME FLOODPLAIN REQUIREMENTS, BUT I'M NOT SURE IF THE APPLICANT KNEW THAT.
BUT THIS IS AT 2 2 1 1, UM, OR 2211 EAST ANN ARBOR AVENUE.
IT'S ALSO, UM, I CAN, LEMME GO ACTUALLY.
SO IT'S WHERE THE ARROW IS ON THIS SCREEN HERE.
SO THERE'S A, THERE'S CURRENTLY A STOP WORK ORDER ISSUED FOR THIS, UM, LOCATION.
I'M NOT SURE IF THE APPLICANT WAS AWARE OF THAT, BUT THEY ARE ACTUALLY NOT ALLOWED TO DO ANY MORE WORK UNTIL THE FLOOD PLAIN REVIEW AND THE DEVELOPMENT REQUIREMENTS THAT I, I BRIEFED YOU ALL ON PREVIOUSLY IS AB ABIDE BY, HAS THIS PROPERTY GONE THROUGH THE FLOOD PLAIN REVIEW? IT HADN'T, UM, UP UNTIL JANUARY 25TH, THAT'S WHEN IT WAS FIRST ROUTED.
SO THIS PERMIT, IT WAS ORIGINALLY APPROVED IN OCTOBER OF 2022.
I I'M TALKING ABOUT THE SUBJECT SITE.
NO, I WAS THE ORIGINAL FLOOD PLAIN REVIEWER FOR THAT SUBJECT FOR THE SUBJECT SITE.
BUT IT APPROVED OR DOESN'T, IT'S NOT APPROVED BECAUSE OF THE PENDING FLOOD PLAIN REQUIREMENT ELEVATION OR THE FLOOD PLAIN ELEVATION REQUIREMENTS.
UNTIL THOSE ARE MET BECAUSE OF THE UNDERSTOOD CLOSE PROXIMITY, HAVE TO DO THAT, THEN THEY COME INSPECTED.
SO I THINK I UNDERSTAND WHY THAT WAS THERE.
OR, OR IF YOU HAVE, YOU HAVE MORE TIME.
SO, UM, WELL, BASICALLY WE'RE THINKING OF, UM, HAVING, YOU KNOW, UH, KEEPING THE REQUIREMENTS FROM, FROM THE FEMA, UH, REGARDING THE ELEVATION THAT WE NEED TO COMPLY WITH THE, WITH THE FEMA FIRM, EVEN WHEN, EVEN IF WE ARE NOT INTO THE, YOU KNOW, THE, UH, FLOOD PLANE.
SO, YOU KNOW, WITH THAT MATTER, WITH THAT IN HAND, I THINK WE, WE ARE, UH, COMPLYING SOMEHOW, UH, WITH, UH, YOU KNOW, UH, WITHOUT EVEN ENCROACHING INTO THE, THE FLOOD PLANE.
SO, YOU KNOW, UH, WE CAN HAVE MORE, UM, LIKE MORE GUARANTEES THAT THE, THE HOUSE IS NOT GONNA BE, UH, FLOODED, YOU KNOW, IF EVER THAT, UH, EVENT EVER HAPPENS.
SO, UM, BASICALLY THAT'S THE ONLY THING THAT WE NEED TO, UH, UH, GET, UH, THIS, THIS, THIS TIME.
YOU GOT ANY QUESTION FOR ME? UM, MR. SLATE, VICE AG, I HAVE SOME QUESTIONS FOR THE, UH, APPLICANT'S REPRESENTATIVE, IF THAT'S OKAY.
[01:20:02]
IF THERE WASN'T A FLOODPLAIN, WOULD YOU PUSH THE HOUSE FARTHER BACK ON THE LOT? YEAH, DEFINITELY.DOES THE FLOODPLAIN CAUSE THERE TO BE ANY SORT OF ELEVATION CHANGE AS YOU GO FARTHER BACK ON THE PROPERTY? NO, THERE'S NOT, UH, YOU KNOW, VISUALLY THERE'S NOT TOO MUCH, UH, UH, DIFFERENCE BETWEEN THE FRONT SIDE OF THE PROPERTY, UH, TO THE BACKSIDE THERE.
I MEAN, THERE'S, UH, AND EVEN WITH, UH, THEY, THE OWNER NEVER, UH, HE ACTUALLY NEVER, UH, SUSPECT ANYTHING THAT, YOU KNOW, THAT THERE WAS A FLOOD PLAN BECAUSE, UH, WHENEVER, WHEN HE GET TO ME, UM, UM, I, I MADE HIM THE PLANS, YOU KNOW.
UM, BUT, UH, HE NEVER SAID ANYTHING REGARDING THIS FAULTING.
AND EVEN THE, THE SURVEY, IT DOESN'T SHOW UP ANY, ANY KIND OF, UH, FAULTING OVER THERE.
BUT, UH, LIKE, LIKE I SAID, YOU KNOW, UM, THERE'S NOT, UH, LIKE, YOU KNOW, TOO MUCH DIFFERENCE BETWEEN THE FRONT SIDE, YOU KNOW, THE PROPERTY GOING BACK AND WHICH, LIKE YOU SAID, YOU KNOW, UH, WE HAVE ENOUGH ROOM TO MOVE THE HOUSE TO THE BACKSIDE THAT WILL BE, UH, GOOD FOR THE OWNER.
'CAUSE UH, THE ACTUAL REASON WHY WE ARE DOING THIS IS TO AVOID ENCROACHING INTO THE FLOOD, INTO, INTO THE FLOOD PLANE.
UH, BECAUSE THE OWNER, HE ACTUALLY WANTS TO KEEP THE HOUSE 25 FEET FROM, WELL, THE INITIAL, UH, DIMENSION WAS 50 FEET, YOU KNOW, BECAUSE THE, THE PROPERTY, IT'S, UH, ALMOST LIKE 30, UH, 0.38 ACRES.
SO THERE'S A LOT OF, YOU KNOW, PLENTY SPACE THERE.
UH, THAT'S WHY WE WANTED TO KEEP 50 FEET.
BUT, YOU KNOW, SINCE, UH, THIS IS GETTING OUTTA HAND, THIS IS WHY WE DECIDED TO GO WITH THE 10 FEET.
UM, I THINK MS. JORDAN, IT WAS IN YOUR PRESENTATION, UM, YOU HAD A SLIDE THAT SHOWS THE, UH, PROPERTIES AS THE FLOOD PLAIN KIND OF CUTS IN AT AN ANGLE.
BASICALLY THE FLOOD PLAIN IS THE TRIANGLE.
IN THE BOTTOM LEFT IS THAT PICTURE IS AND CHANCE YOU CAN PULL THAT UP, SEE
IF NOT, THEN IT'S, IT'S, UH, IN YOUR, SO IT'S, UH, YEAH, THAT'S THE ONE.
SO ARE YOU'RE ABLE TO SEE THIS HERE, HERE, THIS IS, UH, WHAT I UNDERSTAND TO THE, THE, UH, SUBJECT SITE AND PROPERTIES ON EITHER SIDE.
DO YOU KNOW WHAT THE SIZE OF, OF THE HOUSE, LET'S SEE, YOU'RE, YOU'RE SHOWING, UH, ON THE, THE LEFT SIDE HERE, YOU HAVE 48 53 CORRIGAN PERMITTED ON 3 25 OF 19 WITH A 20 FOOT SETBACK.
WHAT'S IN GREEN? WHAT, WHAT'S THE BORDERS ARE, ARE GREEN? DO YOU HAVE ANY, ANY SENSE FOR HOW BIG THAT HOUSE IS? UH, THE HOUSE ON THE NORTH SIDE, UH, I DON'T HAVE THAT, THAT, UH, THAT INFORMATION WITH ME, BUT I CAN, I CAN MEASURE IT RIGHT NOW IF YOU ALLOW ME JUST, JUST A MINUTE.
CURIOUS, HOW ARE YOU ABLE TO, THAT'S, I NEED ACCESS TO THAT TOOL THAT QUICKLY MEASURE.
UH, THE FOOTPRINT OF THIS HOUSE, IT'S, UH, 1500 SQUARE FEET AND, UH, THE, AND THAT'S WHAT IS THE FOOTPRINT OF THE PROPOSED HOUSE HERE? UM, 1600, YES.
UH, JUST IN, LET ME SEE IT REAL QUICK.
YEAH, I THINK SO IT'S, IF YOU DON'T MIND.
[01:25:01]
THE WORK THAT, THAT THEY'RE GONNA HAVE TO DO REGARDLESS.UM, AND YOU'RE SHOWING THAT AS AN EXAMPLE, THIS HOUSE, THIS PROPERTY IS ALMOST COMPLETELY COVERED IN THE FLOODPLAIN.
UM, UH, IT WAS DIFFERENT FLOOD PLAIN.
THIS HOUSE IS PERMITTED IN THE FLOODPLAIN, UM, IN 2011.
SO THE SUBJECT SITE WILL HAVE MORE STRICT FLOODPLAIN ELEVATION REQUIREMENTS TO MEET.
SO I, I JUST WANTED YOU TO, OKAY, THANK YOU.
WHENEVER THE, THE HOUSE IS FLOODED, THE, THE WATER IS, UH, EQUATED FROM THOSE OPENINGS.
RIGHT? THAT'S WHY YOU WERE, THE BOARD ULTIMATELY HAS TO MAKE A DECISION BASED ON THIS PROPERTY'S SITUATION RELATIVE TO COMMENSURATE PROVINCE, WHICH IS WHY IT MATTERS OH, OTHER PROPERTIES IN THE SAME SITUATION.
YOU KNOW, THE, THE ULTIMATE QUESTION IS, YOU KNOW, COULD YOU BUILD A SMALLER FOOTPRINT HOUSE AND STILL HAVE THE SETBACK AND STAY OUT OF THE, THE FLOOD PLAIN? MM-HMM,
UM, REGARDING THAT POINT, UM, YEAH, WE ACTUALLY, THAT, THAT'S WHY WE, THAT PROPOSING TWO STORY HOUSE.
WITH THE SAME SQUARE FOOTAGE, YOU KNOW.
BUT, UH, SINCE, UH, YOU KNOW, UM, SINCE WE, WE MESSED WITH THIS BLOCK PLANE, UH, MY INITIAL PLAN WAS TO BUILD THE HOUSE TO TWO STORY.
UH, WE JUST ENCROACHING, UH, A COUPLE OF FITS ON THE BACKSIDE, BUT THE CITY, THE CITY, UH, YOU KNOW, THEY, THEY TOLD ME THAT THE, THE HOUSE DOESN'T HAVE TO ENCROACH EVEN ONE INCH INTO THE PLOT PLANE.
SO, UH, THE, THE, THE HOUSE HAS TO BE, YOU KNOW, UH, COMPLETELY OUTSIDE OF THE, THE FLOOD PLANE.
DO WE SAY THAT AS A CITY? EXCUSE ME.
YEAH, I, IT, THEY'RE SAYING THE CITY, CITY WILL LET YOU BUILD A HOUSE A HUNDRED PERCENT IN THE FLOOD PLAN IF OH, IF YOU WANT IT.
THEY, THEY ALLOW US TO, TO BUILD THIS INTO THE, INTO THE FLOOD PLANE.
BUT THAT, THAT, THAT MEANS THAT WE HAVE TO GO ALL THE, ALL WITH ALL THE PROCESS, YOU KNOW, WITH THE FLOOD PLANE, UH, WITH THE, UH, ENGINEER DEPARTMENT, UH, GOING WITH, UH, UH, YOU KNOW, AND GOING ALL THIS PROCESS WITH AN ENGINEER.
UH, AND THAT, THAT'S, UH, I MEAN, WE GOT, UH, SOME ESTIMATES FOR THIS KIND OF PROJECT AND ALL THE PROCESS THAT WE NEEDED.
UM, SO THIS WAS ALMOST LIKE, UH, 50% OF THE BUDGET, UH, FOR THE HOUSE.
SO IS IT, IS IT, I GUESS I, I MISUNDERSTOOD THAT THEY DON'T HAVE TO DO ANY OF THIS IF THEY DON'T PUT A STRUCTURE IN THE FLOOD PLAIN.
BECAUSE OF THE PROPOSED SUBJECT SITE, CLOSE PROXIMITY TO THE, UM, 1% ANNUAL CHANCE FLOOD PLAN, THEY'RE STILL GONNA HAVE TO ABIDE BY THE SAME REQUIREMENTS.
SO EVEN WHETHER THEY BUILD INTO THE FLOODPLAIN OR NOT MM-HMM.
SO THAT HAS, AND, UH, YOU, YOU DO UNDERSTAND THAT WE HAVE NO, NO SAY OVER THIS BOARD HAS NO SAY OVER WHETHER YOU HAVE TO DO THAT, THAT ENGINEERING WORK.
WE, WE DON'T HAVE THE AUTHORITY TO WAIVE THAT.
THAT'S NOT WHAT WE'RE HERE ABOUT.
UM, ARE THERE OTHER SPEAKERS IN FAVOR? NO, THE SPEAKERS, SIR.
AND THERE ARE NO SPEAKERS IN OPPOSITION? NO.
THOSE SPEAKERS, IF YOU'D LIKE TO MAKE CONCLUDING REMARKS, GO FOR IT.
YEAH, I THINK, UH, I, I, I, WELL, I AM, I SHOW EVERYTHING WHAT I NEEDED, UH, FOR YOU.
YOU GOT ANY QUESTION FOR ME OR ANY? I THINK WE PROBABLY ARE SUGGESTION.
SO, PUBLIC HEARINGS CLOSED OR THE MOTION?
[01:30:01]
ARE THERE NO OPPOSITION? THERE ARE A MOTION.OKAY, I MOVE, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 0 1 15 ON APPLICATION OF BLANCA CART HAD GRANT THE 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
MS. P*****K, I MADE THE MOTION TO GRANT THIS BECAUSE I THINK THAT IT IS A HARDSHIP NOT TO, TO BUILD FURTHER BACK ON THE PROPERTY.
AND THIS HARDSHIP WAS NOT SELF-IMPOSED.
OTHER COMMENT? I GUESS, UH, CHAIR, I, I, I STRUGGLE, UM, WITH HARDSHIP BECAUSE IT STATED THAT WHETHER OR NOT WE GRANT THIS, UM, VARIANCE TO THE SETBACK THE APPLICANT HAS TO DO, HAS TO UNDERTAKE THE, THE SAME, UM, LEVEL OF EFFORT, UM, TO MAKE THIS, TO MAKE THIS PROPERTY, UH, A PROPERTY THAT CAN BE BUILT OR, OR DEVELOPED.
SO, I MEAN, THE SLOPE AND ALL OF THAT, THE FLOODPLAIN, NONE OF THAT IS THE FAULT OF THE APPLICANT, BUT NEITHER I, I FIND IT DIFFICULT TO GET TO WHETHER OR NOT IT'S HARDSHIP ALSO.
UM, SO, UM, I DON'T KNOW ON THIS ONE.
THIS ONE IS, UM, IT DOESN'T HURT IN MY, I MEAN, I DON'T KNOW.
I, I STRUGGLE, I'M, I'M STRUGGLING WITH, WITH GETTING TO HARDSHIP ON THIS ONE.
I, I I DON'T KNOW HOW I'M GONNA VOTE.
UM, YOU KNOW, THE, THE, WE TOOK THE FLOODPLAIN OUT OF IT.
IF THERE WAS A BIG SLOPE ON THE LOT, THAT WOULD BE A HARDSHIP.
EVERYTHING SLOPES TOWARD WATER.
EVERY PROPERTY IN ANY PLACE ON EARTH ALWAYS SLOPES A LITTLE BIT TOWARDS THE WATER, WELL OVER, OVER A REASONABLE DISTANCE.
UM, UH, I DON'T KNOW THAT THERE, YOU KNOW, THERE'S ANY CONSTRAINT IN, IN BUILDING THERE.
IT IS, IT'S A FINANCIAL CONSTRAINT.
UM, ON THE OTHER HAND, LIKE I SEE ABSOLUTELY NO HARM IN THIS.
LIKE, DO I THINK IT MEETS THE STANDARD? NO, I DON'T.
BUT SO IT'S JUST, YEAH, I, IT'S JUST NOT, I DON'T, BECAUSE THE STAFF, I BELIEVE IS CORRECT IN, IN THAT THE, THE CODE SORT OF ALLOWS FOR THE DEVELOPMENT INSIDE A FLOODPLAIN BY REQUIRING THESE ENGINEERING, UH, EFFORTS.
LIKE OTHERWISE YOU JUST SAY CAN'T DO IT.
I MEAN, THAT, THAT'S DECISION WAS MADE LONG BEFORE WE GOT HERE.
UM, SO ONCE YOU LOOK AT, YOU ASSUME THAT YOU HAVE TO DO THAT.
NOBODY, NOBODY GRANTS RELIEF FROM THAT, THAT WE'RE CERTAINLY NOT BEING ASKED TO.
[01:35:01]
SLOPE, I'M TRYING TO FIND A WAY.IS IT ANY NARROWER THAN THE LOTS ON EITHER SIDE OF IT? NO.
UH, THEY'RE NOT REALLY ASKING TO APPROACH ON A SIDE YARD.
NOW MAYBE I CAN DO A LOT OF GYMNASTICS AND SAY, HEY MAN, IF IT WAS WIDER, THEY WOULDN'T HAVE TO BUILD QUITE AS FAR FORWARD.
BUT I'D HAVE TO ACKNOWLEDGE THAT I'M, UM, I WOULD BE BEING EXCEPTIONALLY CREATIVE IF I THOUGHT THAT THAT'S WHAT I THINK AS FOLLOWED.
IF I HEARD CORRECTLY, I BELIEVE THAT THE APPLICANT'S REPRESENTATIVE STATED THAT THEY WERE NOT AWARE THAT IT WAS IN THE FLOOD PLAIN WHEN THEY PURCHASED THAT LOT.
I KNOW, BUT IT'S NOT, HE DIDN'T CREATE THAT.
YOU DIDN'T CREATE THE HARDSHIP.
SO, MR. SLATE, I'M GOING TO GRANT THE MOTION.
AS I READ THROUGH THE DIFFERENT FACTORS THAT WE'RE CONTEMPLATING, THERE DOESN'T SEEM TO BE ANY INDICATION THAT THERE'S CONTRARY TO PUBLIC INTEREST BY GRANT THIS PARTICULAR, BUT IT'S NOT ONE OF THOSE STREETS WHERE IT SEEMS LIKE EVERY HOME HAS THE IDENTICAL SORT OF SETBACK AND THEY'RE ALL SHARING PORCH VIEWS, ET CETERA.
FOR ME, IT COMES DOWN TO WHETHER IT'S NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL SLOPE.
AND I KNOW IT GIVES US, UH, RESTRIC AREA SHAPE OR SLOPE FOR ME, THE PLANE MANIFESTS ON THE AREA EVEN IF WE DON'T HAVE THAT SLOPE.
UM, BECAUSE I THINK THAT IS DIFFERENT THAN OTHER SIMILAR PARCELS, UM, ARREST.
AND SO FOR ME THAT THE TESTIMONY THAT THE REASON THE HOME HAD TO BE MOVED UP WAS BECAUSE OF THAT PARTICULAR IMPEDIMENT THAT WAS NOT SELF-CREATED, WASN'T SOMETHING THEY WERE CHOOSING TO DO.
THIS IS NOT A WATER FEATURE IN THE BACKYARD THAT THEY'RE TRYING TO MANEUVER AROUND.
THAT TO ME IS WHY IT IS NOT, UH, SELF-CREATED OR PERSONAL HARDSHIP AND WHY IT'S NECESSARY TO COMMIT DEVELOPMENT.
SO I KNOW WE DON'T RESTRICT OURSELVES BY VIRTUE OF PRECEDENT, BUT I I, I HAVE SOME, I UNDERSTAND THIS VARIANCE WHEN THEY SAY SIZE, SHAPE, OR SLOPE, I, I, I DON'T THINK, AND IF I'M WRONG, I DON'T THINK THERE'S MEANT TO BE LEEWAY AROUND THAT, BUT I'D HAVE TO READ, DOES IT SAY THINGS, FOR EXAMPLE, SUCH AS SIZE SHAPERS OR, OR, OR DOES IT SAY BY REASON OF SIZE SHAPERS? NO.
UM, IN CURRENT, MR. MILLI CAN JUST POINT OUT IF THE BOARD, LIKE, LIKE I CAN READ THAT LANGUAGE INTO THE RECORD.
SO THE BOARD HAS THE POWER TO GRANT VARIANCES FROM THE FRONT YARD, SIDE YARD, REAR YARD, LOT WIDTH, LOT DEPTH, LOT COVERAGE, FLOOR AREA FOR STRUCTURES, ACCESSORY TO THE SINGLE FAMILY USES HEIGHT, MINIMUM STANDARDS, OFF STREET PARKING OR OFF STREET LOADING OR LANDSCAPE REGULATIONS PROVIDED THAT, SO THIS IS THE FRONT YARD, THAT'S WHERE THIS ONE COMES IN.
UH, PROVIDED THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST WHEN OWING TO THE SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THIS CHAPTER WOULD RESULT IN THE UNNECESSARY HARDSHIP.
AND SO THAT THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE DONE.
THE SECOND ELEMENT IS THAT THE VARIANCE IS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS OF LAND BY BEING OF SUCH A RESTRICTIVE AREA, SHAPE OR SLOPE, THAT IT CANNOT BE DEVELOPED IN A MANNER COMMENSURATE WITH THE DEVELOPMENT UPON OTHER PARCELS OF LAND WITHIN THE SAME ZONING.
AND LASTLY, THAT THE VARIANCE IS NOT GRANTED RELIEF OF SELF-CREATED OR PERSONAL HARDSHIP.
SO, UH, IN REFERENCE TO THE SAME ZONING THAT'S IN THE SAME ZONING CLASSIFICATION, WHICH ARE MISSING INSTANCES,
SO, OKAY, HERE'S WHAT I THINK IT IS THE GREATEST TREASON TO DO THE RIGHT THING FOR THE WRONG REASON.
UM, I'M GONNA VOTE FOR IT, BUT NOT BECAUSE I BELIEVE WE HAVE THE ABILITY TO DEVIATE FROM SIZE, SHAPE, AND SLOPE.
I AM GOING TO TREAT THE COMMENSURATE PROPERTIES MORE BROADLY THAN I NORMALLY WOULD.
AND FOR THAT REASON I CAN SAY, UH, THE FLOODPLAIN IS THERE, WHEREAS OTHER SIMILARLY ZONED PROPERTIES DON'T HAVE IT.
UH, AND SO I WILL, BUT I, I DO CARE.
I, I JUST, I I THINK WE GOTTA BE, AND THIS IS MY OPINION, THERE'S DISAGREEMENT, BUT, BUT SIZE, SHAPE AND SLOPE MEANS SIZE SHAPING SLOPE.
AND I I AGREE WITH, UM, MR. AND SO THE FLOOD PLAIN, SORRY, GETS DECIDE.
[01:40:01]
SLATE.UM, IN, IN THE POINT THAT, UM, IT DOES NOT CREATE, UM, UH, A NEGATIVE IMPACT ON, UH, SURROUNDING PROPERTIES.
YEAH, I, YEAH, IT'S, I'M I'M TRYING TO GET TO, I'M LIKE YOU, I'M TRYING TO GET TO YES.
UH, WITHOUT, YOU KNOW, RATIONALIZING A WAY, UM, YOU KNOW, THE, THE RULES AROUND THE, UM, ACCEPTANCE OF, UH, OF VARIANCES.
UM, 'CAUSE I DON'T SEE A HARM IN GRANTING IT OTHER THAN IT DOESN'T MEET THAT PARTICULAR, THE PARTICULAR ELEMENT OF THE, UM, OF THE, UM, CODE.
NO, I, WE'LL, WE'LL, I'LL, NO, I, I'M JUST, I'M ALSO SENSITIVE TO THE FACT THAT THE, THE STAFF, UH, SUGGESTED IN THEIR OPINION, UH, YOU KNOW, THE, THAT WE DENY IT.
AND I, I THINK IF I WERE SITTING IN THEIR SHOES, I'D HAVE MADE THE SAME RECOMMENDATION, UH, AND, AND THEN LET THE BOARD WRESTLE WITH IT.
UH, SO I THINK THEY DID, DESPITE THE FACT I WILLING VOTE FOR IT.
I, I THINK STAFF DID THE RIGHT THING, THE RIGHT WAY, KIND OF.
ARE THERE OTHER COMMENTS? I THINK WE ARE THAT I'M CALL THE QUESTION.
MOTION PASSES TO GRAND FIVE TO ZERO.
SO THE ONLY QUESTION IS IF I ORDER PIZZA FOR ALL OF US, HOW DOES IT GET HERE? YEAH, BUT WHO DO THEY DELIVER IT TO? CITY HALL.
I'M HAPPY SITTING, INTRIGUING.
MS. P*****K, DESPITE NOT WANTING TO BE HERE LATE, WOULD LIKE TO TAKE A BREAK FOR FIVE MINUTES.
SO WE WILL RECONVENE AT 3 31 3 21.
IT IS, UH, 3 25 AND THE BOARD IS BACK IN SESSION.
UH, THE NEXT CASE IS BDA 2 3 4 DASH OH 1 7 60 30 SOUTH COCHRANE HILL ROAD.
ONE IS A SPECIAL EXCEPTION OF A SINGLE FAMILY USE REGULATIONS AND SECONDLY, A VARIANCE TO THE FLOOR AREA RATIO.
IF YOU ARE HERE TO SPEAK FOR IT, UH, OR AGAINST IT, WOULD YOU BE SWORN IN? WE CAN DO THIS ALL AT ONCE.
MAKE SURE YOU, UH, STATE YOUR NAME AND ADDRESS.
60 30 SOUTH COCKLE HILL GROVE, DALLAS, TEXAS 7 5 2 3 6.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
WE'RE, UH, OUR WHOLE DEAL'S HERE BECAUSE OF THE, WE GOT TURNED OUT BECAUSE OF THE SLOPE ON OUR PROPERTY.
THE, WHEN THERE WERE, UH, SPECIFYING A SLOPE ON THE BACK OF OUR HOUSE WHERE WE'RE TRYING TO ADD, UH, THE, THE OTHER DWELLING.
I, WE, WE'VE SEEN ONLY WHAT THE, THE STAFF HAS SHOWN US AND, AND MM-HMM,
OF A CERTAIN SITE? A CERTAIN FOOTAGE? YES.
DID, DID SOMEONE RED TAG WHO TOLD NO, NO, NO, WE HAVEN'T EVEN GOT STARTED.
WE JUST SUBMITTED TO SEE IF WE COULD EVEN GET APPROVED BECAUSE OF THE SEPARATE WHAT WE'RE CALLING THE DWELLING.
I THOUGHT YOU SAID SOMEONE, I'M SORRY.
BUT ON OUR LITTLE EMAIL THAT WE GOT, IT HAS SOMETHING TO DO WITH THE SLOPE.
WHAT DID YOU RECEIVE? YOU'RE GONNA HAVE TO COME UP AND SPEAK ON THAT.
WELL, WE'RE, WE'RE TRYING TO GET THIS APPROVED UHHUH, THAT, THAT'S WHAT BOILS DOWN
[01:45:01]
TO.WELL WHY, WHY DON'T YOU JUST GO AHEAD AND, AND WALK US THROUGH IT, MA'AM.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE SAY YOUR NAME AND ADDRESS.
SO BASICALLY WHAT I'M REQUESTING IS IN ADDITION, IN ADDITION TO, UM, AN ADDITIONAL DWELLING TO THE BACK, UM, I KNOW IT'S A LITTLE OVERSIZED, I GUESS, OVER FOR WHAT YOU GUYS HAVE OR ARE REQUIRED FOR OVERAGE.
UM, LOOK AT WHAT ROGER'S DOING.
OH, WELL I KNEW I COULD, I NEED TO BE CONSISTENT.
THERE'S A REASON WHY I DON'T MAKE IT AN EXCELLENT ADDITION.
I HAD A ENGINEER GO OUT THERE AND HE RECOMMENDED THAT IT BE SEPARATE DWELLING OPPOSED TO ACTUALLY REQUESTING AN ADDITION TO THE HOUSE.
UM, WE JUST ADDED A POOL AND I BUILT A RETAINING WALL RIGHT IN FRONT OF THE HOUSE THAT WELL, MINI HOUSE, WHICH IS CALLED THE CASITA THAT'S LABELED, UM, TO AVOID LIKE, YOU KNOW, ANY WATER, YOU KNOW, COMING WHATEVER, WHICH WAY AFFECTING ANY NEIGHBORS.
TRY PUTTING IT IN THE FLOOD PLAIN.
UM, MY HOUSE IS BASICALLY PUSHED ALL THE WAY BACK.
SO BOTH NEIGHBORS ON OUR SIDE AND YOU CAN'T TELL BY THE PHOTOS IF THEY COME OUT THEIR BACK THERE.
THEY'RE PROBABLY LOOKING ALMOST AT MY FRONT DOOR.
UH, THE, THE ADDITION I WANT WOULD BE IN BACK OF MY DWELLING.
UH, I HAD AN ENGINEER, AN ARCHITECT GO OUT THERE TO WHERE HE WOULD, HE SAID HE WOULD, UH, DO THE ROOF LINES TO WHERE YOU CAN'T SEE IT FROM THE FRONT, SO NOBODY COULD SEE IT ON EITHER SIDE EITHER.
SO I GUESS THAT'S SOMETHING TO CONSIDER.
'CAUSE I DON'T FEEL LIKE IT'D BE LIKE THE PROBLEM FOR ANY OF MY NEIGHBORS.
UM, AS IN SAYING THAT, I GUESS THAT'S THE ONLY THING I HAVE TO ADD TO OTHER THAN WHAT I SUBMITTED, UH, IN MY APPLICATION OR IF YOU GUYS HAVE ANY QUESTIONS FOR ME? ARE THERE QUESTIONS? SURE.
WILL THE ACCESSORY UNIT BE VISIBLE FROM THE FRONT STREET OF THE HOUSE? UH, BARELY.
BARELY HARDLY BECAUSE LIKE I SAID, THE ROOF LINE, WHENEVER HAD THE ARCHITECT CAME OUT HERE, HE SAID, MAN, IT'S GONNA BLEND IN.
YOU'RE NOT REALLY GONNA GET TO SEE IT.
IT'S GONNA BE ON THE SIDE WHERE MY GARAGE IS.
BUT LIKE I SAID, YOU CAN, IF YOU LOOK AT THE PICTURE OF THE PHOTOS, YOU CAN HARDLY SEE MY HOUSE FROM THE STREET.
HAVE YOU HAD A CHANCE TO CHAT WITH ANY NEIGHBORS AND HAVE THEY TOLD YOU ANYTHING ABOUT THE PROJECT OR WHAT THEIR THOUGHTS ARE? I KNOW I MENTIONED IT TO MY NEIGHBOR ON THE RIGHT SIDE.
THEY HAVE LIKE A GARAGE THAT'S CONVERTED INTO A HOUSE.
UM, WELL, I GUESS THE APARTMENT, HOUSE, WHATEVER IT MAY BE.
UH, THE OTHER ONES ARE FAIRLY NEW.
THEY JUST BOUGHT THE HOUSE PROBABLY LIKE A COUPLE MONTHS AGO.
UM, BUT LIKE I SAID, IF I LOOK ALL THE WAY BACK WHERE I'M AT, SOMEHOW BIG, HUGE, I GUESS WORK BUILDINGS OR WHATEVER, BUT THEY'RE NOT AS NEIGHBORLY.
THEY, YOU KNOW, I WOULD THINK PEOPLE SHOULD BE THESE DAYS.
UH, AND THE PURPOSE OF THE PROJECT IS NOT FOR RENTAL USE, RIGHT? NO, NO, NOT AT ALL.
I KNOW THAT WOULD BE A RESTRICTION ON THERE.
NO, I'M TRYING TO GET A BIGGER SPACE OUT THERE.
MY DAUGHTER CAME HOME IN THE FUTURE.
UM, I HAVE TWO DOGS THAT DON'T LIKE ANYBODY, SO I'M ACTUALLY I BUILDING IN MY DOG ROOM.
AND THEN SO WHENEVER I HAVE COMPANY OVER WITH NEW POOL, THEY CAN ACTUALLY ACCESS THAT BATHROOM AND NOT HAVE TO ACTUALLY COME IN AND INVADE THIS HOUSE THAT I HAVE OR USE THAT HOUSE.
THOSE ARE THE QUESTIONS I HAVE.
MR. MILLIKEN, UH, MS. BARRIENTOS, CAN YOU TELL ME, DOES THE PROPOSED NFR HAVE A SEPARATE DRIVEWAY? UH, THE DRIVEWAY GOES ALL THE WAY BACK AND IT WOULD BE THE SAME DRIVEWAY THAT WE HAD.
IT WOULD HAVE TO BE IN THE ADDITIONAL DRIVEWAY.
IT GOES ALL THE WAY BACK PAST THE GARAGE AND THAT'S WHERE IT'D START LIKE PROBABLY THREE FEET FROM THE GARAGE.
SO IT WON'T HAVE A SEPARATE ENTRY? NO, NO.
UH, JUST TO ANSWER A QUESTION THAT WAS BEING ASKED BY, UM, UH, THE OTHER MEMBERS EARLIER, IS THIS A ADDITIONAL DWELLING OR JUST AN ADDITION? IT'S ADDITION DWELLING.
WE DON'T ATTACH IT TO THE HOUSE BECAUSE LIKE I SAID, THE ENGINEER RECOMMENDED WE NOT, BECAUSE HE SAID IF YOU ATTACH THE ROOFS WITH A, LIKE, AT LEAST A SIX FOOT, UH,
[01:50:02]
SPACE, IF ONE MOVES UP AND THEN ONE MOVES DOWN AND WE'RE CONNECTING THE ROOFS LINES, THEN YOU'RE GONNA HAVE A PROBLEM.YOU MEAN WITH SHIFTING OF LIKE FOUNDATIONS THAT FOUNDATIONS THAT OR WHATEVER IT MAYBE.
HE SAID YOU YOU'RE GONNA HAVE AN ISSUE BECAUSE YOU MY ROOF LINES ARE GONNA CONNECT.
THEY'RE GONNA CONNECT BUT THEY'RE NOT TOUCHING.
YEAH, THEY'RE, NO, THEY ARE GONNA CONNECT BECAUSE WE'RE GONNA HAVE LIKE A WALKWAY.
LIKE NOT TECHNICALLY THERE'S GONNA BE A BREEZEWAY.
SO IT'S NOT TECHNICALLY CONNECTED TO THE HOUSE.
UM, YOUR PROPERTY IS CERTAINLY NO SMALLER THAN, AND NO, NOT STRANGELY SHAPED AT ALL, WHICH IS, YOU MAY HAVE HEARD IS A LARGE PART OF OUR STANDARD HERE.
UM, HAVE YOU CONSIDERED MAKING IT SMALLER? I COULD.
AND I WAS THROWING ON THE IDEA AND NOT KNOWING THE RULES.
UH, I GUESS IT'S SLEEP, A BED, UH, KITCHEN AND BATHROOM THAT NECESSARILY HAVE, HAVE TO HAVE A KITCHEN.
I MEAN, IT'D BE CONVENIENT, BUT I MEAN, I, ANYTHING'S IN CONSIDERATION.
I JUST WANT SOMETHING, YOU KNOW, THAT THEY CAN USE AWAY FROM MY HOUSE BASICALLY.
I MEAN, YOU'RE, YOU'RE, YOU'RE JUST TALKING ABOUT BUILDING SOMETHING THAT IS NOT QUITE TWICE AS BIG AS THE MAXIMUM THAT ARE YEAH.
UM, THOSE ARE THE, UM, OTHER QUESTIONS OR, UM, SO JUST TO FOLLOW UP ON MR. AGNES'S QUESTION.
SO YOU DON'T HAVE ANY OBJECTIONS, THIS IS LIKE JUST A, A, A DESIGN PHILOSOPHY THAT YOU, THAT YOU THOUGHT ABOUT TO DO SO YOU DON'T HAVE ANY OBJECTIONS TO POTENTIALLY, UM, DECREASING THE SIZE OF WHAT YOU WANT TO CONSTRUCT, UH, TO BE WITHIN THE, UM, UM, WHAT'S ALLOWED BY CODE ALREADY WITHOUT A VARIANCE? UM, NO, NOT, NOT MUCH.
THAT DOESN'T, THAT DOESN'T HINDER YOU IN ANY KINDA WAY? I GUESS IT DOESN'T, BUT YOU KNOW, THE BIGGER THE BETTER.
IT'S LIKE
YOU KNOW, IT'S LIKE PUT SOMEBODY BACK THERE COMFORTABLY.
BUT YEAH, THAT'S NOT THAT BIG OF AN ISSUE.
ARE THERE OTHER, UH, ARE, ARE THERE OTHER SPEAKERS IN FAVOR? I KNOW.
ARE THERE SPEAKERS IN OPPOSITION? NO, THE SPEAKERS ARE.
WOULD YOU LIKE TO MAKE A FIVE MINUTE CLOSING STATEMENT? I SORRY.
YOU COULD SIT DOWN FOR A SECOND THEN I COULD ASK YOU, BUT, UM,
IS, UH, IS THERE A MOTION MR. SLATE? I HAVE A MOTION VICE CHAIR AG, SIR, I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BDA 2 3 4 DASH 0 1 7 ON APPLICATION OF RORY
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBOR PROPERTIES, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
THE APPLICANT MUST DEED RESTRICT THE PRO SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL THROWING UNIT AS RENTAL ACCOMMODATIONS.
IS THERE A SECOND? UH, IF, I DON'T KNOW IF I CAN HAVE TO SECOND THAT, BUT, UM, CAN ADD.
YOU DON'T HAVE TO, BUT ADD, THE ONLY THING ANYONE CAN DO RIGHT NOW IS EITHER SECOND IT OR NOT.
IF YOU WANNA AMEND IT AFTER THAT, WE, WE CAN I, I'LL SECOND.
UM, WELL I'M JUST CURIOUS, ARE, ARE YOU GONNA PROPOSE, I WANTED TO FURTHER RESTRICT ABOUT MAKING SURE THAT THEY, UM, COMPLY WITH WHAT'S THE, THE SITE? UH, THAT, THAT IS FAIR.
I LEFT THAT OUT BECAUSE WE'LL BE HAVING A DISCUSSION BY SEPARATE MOTION ABOUT THE SIZE OF THE UNIT.
SO THIS WAS A PROPOSAL ABOUT ADDRESSING THE RIGHT TO HAVE AN EXTRA NO, I'M LOOKING TO LAWYER.
I I WAS, UH, ANTICIPATING THAT MYSELF AND THE, THE OUTCOME, THE WAY YOU'RE PRESCRIBING IT IS SATISFACTORY.
THE OTHER WAY WOULD BE THAT YOU DECIDE ON THIS MOTION WITH ADHERENCE TO THE, UM, LAYING THEN I WAS GONNA HAVE TO INTERRUPT AND LET YOU GUYS KNOW THAT IF YOU
[01:55:01]
DO NOT GRANT THE FLOOR AREA RATIO VARIANCE, YOU ARE EFFECTIVELY DENYING THEM THAT.'CAUSE THE FLOOR AREA RATIO VARIANCE IS TIED TO THE SAME SITE PLAN.
SO IF THEY'RE SAYING, WELL, OKAY, THAT WAS A QUESTION I WAS ASKING DURING THE BRIEFING, BUT THE, I I AGREE WITH THE WAY YOU'RE DOING IT.
SO JUST TO MAKE SURE EVERYONE'S ON THE SAME PAGE, THIS PROPOSAL IS ABOUT APPROVING AN A DU OR NOT, PERIOD.
AND THE SUBSEQUENT MOTION WOULD BE DISCUSSING THE SIZE.
RIGHT? THAT'S, I'M NOT SURE WHERE PEOPLE FALL IN RESPECT OF HOW THEY'RE FEELING ABOUT THOSE THINGS IS SEPARATE.
BUT THAT'S THE, THE SETUP OF HOW I PRESENTED.
IS THAT YOUR UNDERSTANDING? THAT IS MY UNDERSTANDING.
THE ISSUE OF COURSE BECOMES IF IT PASSES YOU ARE GRANTED THEM THE RIGHTS TO AN A DU.
IT WOULD BE WHAT HE SAID WAS GRANTED AND DEED RESTRICTED.
DOES HE NEED TO AMEND THAT MOTION? SEEMS LIKE IT MAKES SENSE BECAUSE, WELL THAT DOES OF HAVING, IT'S GENERALLY TIED TO THE SITE PLAN AND SO THAT, THAT'S WHERE THE CONFLICT COMES.
RIGHT, BECAUSE IF THE FLOOR AREA RATIO IS DENIED YEP.
THEN THE SITE PLAN IS INVALID.
THEY CANNOT USE THAT SITE PLAN TO MOVE FORWARD.
SO EVEN THOUGH YOU'VE GRANTED THEM THE RIGHT TO BUILD SOMETHING, THE A DU, SO WHY TIE IT TO SITE ON, ON THE EXCEPTION IT'S LITERALLY CAN YOU DO IT OR NOT? BUT THE CODE SAYS ONCE YOU HAVE THE RIGHT TO DO IT, YOU HAVE TO DO A, B, C, AND B.
I'M JUST, WE NOW WONDERED INTO BIZARRE SITUATION THAT I'M CONCERNED ABOUT.
UM, WOULD YOU GUYS MIND GIVING ME FIVE MINUTES TO DOUBLE CHECK ON THAT? 'CAUSE I DON'T WANNA END UP IN A SITUATION WHERE I THINK IT'S IMPORTANT TO BE CORRECT.
COUNSEL, UH, IN THIS CASE YOU COULD GIMME A FIVE MINUTE RECESS.
ARE WE GONNA TAKE ANOTHER RECESS? WE'RE GONNA TAKE, HAVE ANOTHER QUESTION BEFORE WE DO THAT.
IF I, OH, WHY DON'T YOU ASK A QUESTION? ALRIGHT, SO GO AHEAD AND START.
I GUESS WHAT WHAT, WHAT I WANT TO KNOW, UM, AND MAYBE, UH, COUNSEL CAN TELL IS EITHER, UM, THE RE IF WE GRANT IT, DO, CAN WE GRANT IT AND REDUCE THE, THE RATIO? UM, SO WE'D HAVE TO DO IT WITH SEPARATE, I WOULD SAY THAT THIS IS WHAT I WOULD PERSONALLY, I I WOULD VOTE FOR THIS AND THEN DENY THE, THE SIZE.
UH, I I THEY MEET, IN MY OPINION, THE, THE, UH, SPECIAL EXCEPTION CRITERIA.
THIS IS WHAT WE'RE, WE'RE ASKING HIM.
I I, I SUPPOSE WE COULD, WELL IF WE DID IT ALL TOGETHER THEN, THEN THE WHOLE APPROVAL TO HAVE IT, IF WE SAY YOU CAN HAVE IT, BUT YOU CAN HAVE ZERO EXTRA SQUARE FEET, THEN WE WOULD BE TYING VERY SPECIFICALLY TO HOW MANY SQUARE FEET AND THEY ACTUALLY DON'T HAVE A SITE PLAN THAT SHOWS WHATEVER.
SO THAT, THAT'S I THINK WHAT MR. SLATE'S TRYING TO DO BY, BY SEPARATING THE ISSUES.
UH, BECAUSE MY UNDERSTANDING IS THAT IN THAT SCENARIO, THAT'S HOW THE BOARD BROKE WOULD YEAH, LET'S JUST, YOU KNOW, IF THERE'S ANOTHER NOTION AND THERE MAY BE ENOUGH PEOPLE TO OUT VOTE YOU ON THAT ONE, UH, THAT THEN THEY WOULD BE BOUND BY WHAT THE CODE SAYS THE APPROPRIATE RATIOS ARE.
AND SO WHEN THEY WOULD GO TO SEEK PERMIT AUDIT, THAT WOULD BE THE PROCESS BY WHICH IT WOULD PRESUMABLY SHOULD GO, THAT FOLLOWS LOGICALLY.
LIKE BY, BY BEING SILENT, WE'RE DEFERRING TO THE CODE.
THE OTHER POSSIBILITY IS THAT YOU COULD HOLD IT OVER WITH THE IMP IF IMPLYING THAT IF THE APPLICANT IS WILLING TO REDUCE THE SIZE.
BUT THAT'S JUST ANOTHER, UM,
I WOULD RATHER SAVE THE STAFF.
AND THIS IS AGAIN, MY OPINION, SAVE THE STAFF FROM HAVING TO RE-NOTICE IT AND ALLOW THE APPLICANT TO, WE'RE ALL ASSUMING THAT, OR I AM SIMPLY ASSUMING THAT, THAT WE'LL VOTE FOR AND AGAINST IN THAT ORDER.
BUT, UM, I'D RATHER NOT HOLD IT OVER.
IF WE CAN ACCOMPLISH WHAT WE WANT WITHOUT DOING IT SAVES STAFF.
A LOT OF EFFORT ALLOWS THE APPLICANT TO GET MOVING IF IN FACT THEY DECIDE THEY'RE ABLE TO BUILD IT WITHIN THE CONSTRAINTS OF, UH, MS POLL.
I HAVE A QUESTION REGARDING THAT.
IS THAT HVAC UNDER ROOF SQUARE FEET? 'CAUSE I SEE PATIOS AND DIFFERENT AND, AND VARIOUS OTHER SORT OF OUTDOOR AREAS INCLUDED IN THIS.
SO CAN WE FIND OUT WHAT THAT 587 SQUARE FEET INCLUDES?
BOY, MY UNDERSTANDING IS THAT FOR SOMETHING TO COUNT IN THE AREA HAS TO BE FULLY ENCLOSED.
I MEAN, YOUR UNDERSTANDING MINE,
[02:00:01]
THERE'S NO, THEY CAN DEAL WITH REASON.SO THE, UM, THE COVER CARDIO, WELL THE
UM, WE CAN MOVE FORWARD THE WAY MR. SLATE HAS SUGGESTED, UH, THE CODE DOES NOT REQUIRE THAT A SPECIAL EXCEPTION BE TIED TO A SITE PLAN.
UM, IF A MOTION WAS PASSED FOR AN A DU AND NOT TIED TO A SITE PLAN AND THEN THE SUBSEQUENT FLOOR AREA RATIO WAS NOT PASSED, UH, WE WOULD, YOU WOULD BE GRANTING THEM A A DU THAT MUST HAVE CON CONFORMED TO THE RESTRICTIONS OF THE BUILDING CODE.
I SEE A COVERED PATIO ON PAGE 1, 1 0 3.
NOW IF THAT'S INCLUDED IN THE 500 AND THE COVERED PATIO IS NOT INCLUDED, I THINK, UH, WE ARE TALKING ABOUT TWO SEPARATE ISSUES HERE.
SO I WAS ACTUALLY GOING TO KEEP MUDDLING THEM.
IF I'M LOOKING AT PAGE 1 0 1, RIGHT IN THE SITE PLAN, IT BREAKS DOWN THE SQUARE FOOTAGE FOR THE COVERED PORCH, WHICH IS 191 SQUARE FEET AND THE LIVING AREA IDENTIFIED, WHICH IS 1224 MINUTES SQUARE FEET.
OF COURSE, SINCE THEY'RE AT 1418, THAT WOULD BE THE SUM OF THOSE TWO NUMBERS.
UM, WHICH DOES MEAN THEY WOULD STILL REQUIRE A VARIANCE EVEN IF YOU WERE JUST LOOKING AT THE LIVING AREA.
BUT IT'D BE LESS THAN THE 5 87 THAT WAS.
SO IT WOULD BE CONSIDERABLY LESS.
YEAH, I WANTED YOU TO GO AHEAD AND DO THAT FOR US IN YOUR HEAD.
SEE, UM, WE'RE FINDING SIMPLE SUBTRACTION.
UH, SO, BUT IT IS STILL SIMPLE.
SO RETURNING TO THE MOTION, I MEAN I, UM, GIVEN THAT THE EVALUATION IS WHETHER OR NOT IT IT NEGATIVELY AFFECTS PROPERTIES, I DON'T THINK IT DOES.
I DON'T THINK IT'S REALLY VISIBLE FROM THE STREET.
UM, WE SAW FROM THE, THE DRIVE THROUGH, WE'RE TALKING ABOUT A, THERE, A FRONT ON A SIX LANE STREET.
THERE ARE, UM, NON-RESIDENTIAL USES RIGHT ACROSS THE STREET FROM THEM.
UM, IT'S NOT REALLY VISIBLE FROM THE TESTIMONY.
AND SO I, IN MY OPINION, UH, IT'S AN EASY ONE TO GRANT ON A DU AND THEN WE CAN HAVE A SEPARATE CONVERSATION ABOUT THE, THE SIZES, THE RATIO, BECAUSE I, I'M, I'M ADDING, IT'S, IT'S CONSIDERABLE WHEN YOU ADD UP JUST THE COVERED PORCHES AND DECKS AND THINGS, I'D LIKE TO RETRACT MY, UM, AMENDMENT TO MR. SLAVE'S MOTION.
I JUST WANTED TO BE ON THE RECORD THAT WE MOTION THE SECOND TY AND WE ARE DISCUSSING.
SO AGAIN, IF YOU TAKE THE SIZE AND HOW IT'S BUILT TOTALLY OUT OF THE EQUATION FOR THIS PURPOSE.
I DON'T HAVE ANY REASON TO BELIEVE THAT IT DOESN'T, IT DOESN'T MEET LIKE IT MEETS THE, JUST THE EXISTENCE OF IT.
UH, WHETHER THE SIZE IS, THAT'S A DIFFERENT QUESTION WILL TAKE UP IN A SECOND, BUT I, I THINK, UH, IT'S PRETTY, IN MY OPINION, PRETTY EASILY MEETS THE STANDARD FOR A SPECIAL EXCEPTION AND WE OUGHT TO JUST VOTE TO ALLOW IT.
AND IF WE THEN WANT TO TALK ABOUT HOW BIG IT IS OR MY OPINION, JUST LET THE CODE DO IT.
BUT THAT'S A SEPARATE DECISION, A SEPARATE VOTE.
I CALLED THE QUESTION, UH, MS. P*****K TO OH, UM, OH, I'M JUST NOT, NO, I, I JUST, SOME CALCULATIONS I'VE DONE HERE, IF IT'S 587 SQUARE FEET AND THEN FROM WHAT I SEE, THESE NUMBERS ARE SMALL, BUT 366 SQUARE FEET IS COVERED AREA.
SO THAT WOULD LEAVE A VARIANCE OF 221 SQUARE FEET.
DOESN'T MATTER BECAUSE WE'RE TALKING ABOUT THE SPECIALIST.
I KNOW, BUT I'M POINTING THAT OUT.
WELL POINT IT OUT IN A SECOND.
CAN WE JUST VOTE MY, OH, WELL, OKAY.
DOES IT WE CAN DO MULTIPLICATION TABLES OF, OKAY.
WOULD YOU PLEASE CALL HIM THOUGH? OKAY.
LEMME THE, THE MOTION ON THE, ON THE FLOOR IS MR. SLAVE'S MOTION TO APPROVE THE SPECIAL EXCEPTION WITH THE CONDITION THAT THE PROPERTY BE DEED RESTRICTED AGAINST BEING USED AS A RENTAL UNIT.
IS THAT CORRECT? DO YOU WANT ARE WE OKAY? WOULD YOU LIKE HIM TO RESTATE THE MOTION? ARE WE OKAY? WE OKAY WITH MY OKAY.
WE ARE SECONDED BY MR. SINGTON AND
[02:05:01]
THE VOTE.MR. SLA, DO YOU HAVE A, A MOTION ON THE VARIANCE? SURE.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 1 7 ON APPLICATION OF LAURIE A ORS GRANT THE VARIANCE TO THE FOUR AREA RATIO SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
THAT FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I SECOND, CAN WE GET TO SOME CONCLUSION NOW AS TO WHAT WE'RE ACTUALLY TALKING ABOUT BUILDING ACTUALLY BASED ON HOW WE READ THE MOTION.
WE DON'T NEED TO BECAUSE WE JUST LIMITED TO THE SITE PLAN, BUT WE PROBABLY ACTUALLY WANT TO KNOW AS SOME OF US THAT'S, THATS FAIR.
WELL THEN WHY DO THEY EVEN NEED THE VARIANCE? I DON'T NEED THE MATH, BUT PAGE 1 0 1, BEFORE WE EMBARRASS OURSELVES WITH MATH, LET, LET'S THINK ABOUT WHAT IT IS.
THIS IS A RATIO OF THE SIZE OF THE HOME.
THEY COULD CERTAINLY BUILD UP THEIR HOME LARGER UNDERSTOOD AND ADJUST THE RATIO THAT WAY TO BE ALLOWED A LARGER, THEY ARE COMING TO US WITH THE REQUEST FOR MORE SPACE ON THE A OF EACH SIDE AND THEY DON'T WANT TO CONNECT IT BECAUSE OF THE CONCERN THAT THAT WOULD, UM, POTENTIALLY CAUSE SOME ROOFING OR OTHER ISSUES IF IT WAS CONNECTED WITH FOUNDATION AND STUFF.
AND IN TEXAS, THAT'S A VERY APPROPRIATE CONCERN.
UM, GIVEN THAT THEY COULD MANEUVER THINGS ANOTHER WAY, IF THEY STILL WANTED TO GET THIS SPACE, I'M INCLINED TO SAY THAT THEY SHOULD BE ALLOWED TO DO IT BECAUSE IT, IT MEETS IN MY VERSION, IN MY MIND, THE CRITERIA THAT ITS HERE.
AS I LOOK AT THE BREAKDOWN OF THE SITE PLAN, UM, MY EYESIGHT MAY NEED TO BE CHECKED, BUT AS I'M READING IT, I'M SEEING THAT THE COVERED PATIO AREA IS 101 SQUARE FEET, EXCUSE ME, 121 SQUARE FEET, 191 SQUARE FEET.
CI DO NEED TO HAVE MY EYES CHECKED.
UM, AND THAT, THAT IS WHAT IS PARTIALLY BEING COUNTED AGAINST, WHICH PROBABLY IS TO TOTER HOW IT'S SUPPOSED TO BE, UH, OF THE, THE 1418 SQUARE FEET FOR AREA RATIO.
SO I THINK THAT'D BE AROUND 830, RIGHT? MM-HMM,
AND SO THEN IT'S A MATTER OF HOW MUCH IS INSIDE VERSUS OUTSIDE, IF THAT MATTERS TO YOUR ESTIMATE IN TERMS OF WHAT COUNTS.
IF IT'S LIKE A PATIO THAT'S UNCOVERED, DOES THAT COUNT OR NOT? I THOUGHT SO'S IT, BUT I DON'T KNOW.
BUT REGARDLESS, WE HAVE A SITE PLAN AND IF WE WERE, AND I YEAH, SO WE DON'T HAVE TO HAVE THE NUMBER, RIGHT? YES.
BECAUSE WE WE'RE JUST SIMPLY VARYING THE RATIO AND HOLDING IT TO SITE, WHICH WE COULD DO.
UM, BUT THE MOTION WAS MADE AND SECONDED.
I, I DON'T SEE HOW IT MEETS THE CRITERIA FOR A VARIANCE IN TERMS OF, UH, HAVING, UH, I DON'T SEE THE HARDSHIP PART.
UM, DO YOU GUYS HAVE THE SITE PLAN? OH, NO, I'M IN THE BIG ROOM THOUGH.
TRYING TO FIGURE OUT WHAT THE,
[02:10:04]
WE, WE JUST CAN'T READ THE REDUCTIONS.SO 32, 20 20, IT'S, UH, SIX FEET.
WELL, AND IF THAT'S THE CASE, THEY, THEY HAVE 800 SOME ODD SQUARE FEET TO WORK WITH, SO THEY DON'T NEED THIS 672 SQUARE FEET.
AND, AND THEY HAVE THE RIGHT TO BUILD 800 SOME ODD FEET WITHOUT US.
WELL, I JUST WANNA MAKE SURE WE'RE RIGHT.
NO, NO, I JUST WANNA MAKE SURE WE'RE LOOKING BECAUSE THEY HAVE THE RIGHT TO BUILD.
WE JUST, WE WE HAVE ALREADY APPROVED HUNDRED SOME SQUARE.
AS LONG AS THEY BUILD 25% OR LESS OF YOUR EXISTING STRUCTURE, THEY DON'T NEED IT.
HEY EVERYONE, CAN YOU HEAR ME? IT'S DIANA.
SORRY, WHO, WHO'S SPEAKING? IT'S, IT'S DIANA.
I'M OVER HERE AT THE OFFICE AND I, I RAN TO MY DESK TO TRY TO GET THESE NUMBERS FOR YOU.
YOU PROBABLY HAVE TO TURN ON YOUR VIDEO TECHNICALLY.
UM, I'M NOT, OKAY, SO I GOT THE, UM, I GOT THE NOTES HERE FROM THE REVIEW AND IT LOOKS LIKE THERE IS, LET ME SEE, 3,323 SQUARE FEET, UM, FOR THE MAIN AREA THAT WAS ACCOUNTED FOR.
25% OF THAT IS 830 SQUARE FEET 0.75 SQUARE FEET.
UM, AND THEY'RE PROPOSING 1418 SQUARE FEET.
SO HOW HELP US, I DON'T KNOW WHETHER YOU HAVE THAT SITE PLAN IN, IN, IN FRONT OF YOU.
SO WHAT WE WAS ACCOUNTED FOR, UM, FOR FLOOR AREA IS THE LIVING AREA, THE PORCH, THE PATIO, IT'S TOO SLOW.
PARKING DOES NOT INCLUDED IN THAT.
UM, FOUR FLOOR AREA, S FOUR AREA.
SAY AGAIN THAT THE PATIO OR ELSE IT'S INCLUDED IN FLOOR AREA.
IT'S TOTAL LIVING AREA IS FIVE 12 COVERED PATIO, COVERED FLOOR, NEW CA LIVING AREA.
YEAH, LET'S HAVE THIS DISCUSSION ON THE WRAP.
SO I THINK WHERE THE CONFUSION IS COMING IN AT YOU GUYS MAY BE JUST LOOKING AT THE EXISTING HOME WHERE IT SHOWS 2,990 SQUARE FEET.
DIANA JUST GAVE A NUMBER OF 3007 SQUARE FEET.
THAT INCLUDES A NEW HOME ADDITION THAT'S ALSO BEING PROPOSED.
SO THAT'S WHERE THE CALCULATIONS ARE DIFFERENT.
SO THEY'VE ALREADY ACCOUNTED OR WHAT MR. SLAVE IS ACCOUNTED.
DID YOU SEE THAT WHEN I JUST TOTALLY MISSED IT.
UNDER THE AREA, UM, CALCULATION TABLE.
YOU'LL SEE THE EXISTING HOME, THE NEW CA, WHICH IS THE A DU THAT THEY'RE PROPOSING.
AND RIGHT UNDER, YOU SEE THE NEW HOME EDITION THAT ALSO HAS TO BE ACCOUNTED FOR.
I WAS SPEAKING SORT OF HYPOTHETICALLY THAT THEY COULD HAVE DONE MORE TO IF THEY WANTED TO JUST SECURE THE RATIO OF THE REVIEW.
THEY'VE SORT OF DONE THAT IN, IN THESE CALCULATIONS.
YOU'RE SO WITH INCLUDING THAT NEW HOME EDITION, THEY ARE EXCEEDING THEIR 25%.
SO THE 33 23 IS AFTER THE NEW HOME EDITION? YES.
AND WE'RE COMFORTABLE THEN THAT, THAT WHAT IS BEING REQUESTED IS 1418.
EVERYBODY'S ON THE SAME PAGE THERE.
'CAUSE WE WEREN'T A MINUTE AGO.
I'M NOT TALKING ABOUT ANY DISTANCE TO THE HOME.
I ONLY MEAN FOR THE, THE DWELLING HERE.
THE A DU IS 1,418 SQUARE FEET.
THAT'S DIFFERENT THAN THE NUMBERS WE WERE TALKING ABOUT A MINUTE AGO.
SO, UH, MS. MS BARKIN WAS, UM, HOPPED ON TO GIVE, UM, TO SHOW HOW THE CALCULATIONS WERE DONE DURING THE ACTUAL REVIEW, WHICH IS DIFFERENT THAN THE WAY WE'RE DOING IT NOW.
I DON'T THINK YOU GUYS WERE ACTUALLY CONSIDERING THE NEW HOME ADDITION.
UH, I THINK THEY WERE ONLY LOOKING AT WHAT'S, WHAT'S SHOWN AS EXISTING.
NO, I I WAS USING THE NUMBER YOU GAVE ME, UH, IN, IN YOUR PRESENTATION,
[02:15:01]
33 23 THAT INCLUDES THE NEW HOME EDITION.THE EXISTING HOME WITH THE ADDITION.
NOW, IS THAT THE CORRECT GIVEN THAT THAT NEW HOME ADDITION HAS NOT BEEN BUILT FROM A TECHNICAL STANDPOINT AS WE, I GUESS IT DOESN'T MATTER BECAUSE WE'RE BASICALLY GONNA SAY, UH, IF WE APPROVE, YOU CAN DO WHAT'S ON YOUR SITE PLAN.
AND IT DOESN'T REALLY MATTER WHAT THE ACTUAL RATIO IS, WHICH IS TO SAY IT DOESN'T MATTER WHETHER THEY'RE BUILT THE OTHER HOUSING FIRST OR AFTERWARDS, WHETHER THEY'RE COMING TO US BEFORE OR AFTER THEY'VE BUILT A DIFFERENT HOUSE AS OPPOSED TO THE CASITA.
BECAUSE WE DON'T HAVE TO SAY YOU HAVE AN X SQUARE FOOT OVERAGE OR AN X PERCENT OVERAGE, WE'RE SIMPLY SAYING YOU CAN DO WHAT'S ON YOUR SIDE PHONE.
WELL, IN THAT CASE IT DOES MATTER AS TO WHETHER THE IT DO WE CALCULATE THE RATIO BASED ON WHAT IS PROPOSED TO BE BUILT OR WHAT ACTUALLY IS IT'S PROPOSED.
CORRECT, DIANA, BECAUSE THEY ARE, YES, THEY HAVE PROPOSED THAT ADDITIONAL.
I'M JUST MA IS THAT THE CORRECT WAY TO DO IT? INCLUDE PROPOS.
MM-HMM
BUT SINCE THEY ARE COMING FOR REVIEW FOR THE ADDITION, THEY INCLUDED THAT AND THEY HAVE THE RIGHT TO DO THAT.
SO I I I STILL WANNA MAKE SURE THAT EVERYONE ON THE PANEL UNDERSTANDS THE 1400 FEET THAT THE STAFF HAS CALCULATE.
SO I JUST WANNA MAKE SURE EVERYBODY HERE UNDERSTANDS WILL THAT NUMBER CAME? I, OKAY, NOW THAT SAID, I'M STILL, YES.
UM, BUT BECAUSE I DON'T, I DON'T THINK IT, IT MEETS A, A STANDARD, I WOULD PREFER THEM TO JUST BUILD THE EXPANDED ALLOWABLE.
I THINK THEY PROBABLY BY ADDING TO THE HOUSE THEY HAVE MAXIMIZED WHAT THEY'VE DONE A GOOD JOB OF MAXIMIZING IT.
AND, AND I, I CAN'T STRETCH MY WAY TO SEE A, A FLAT RECTANGULAR PROPERTY HAVING A HARDSHIP MOTION.
THERE IS A MOTION ON THE FLOOR.
THERE'S A, A MOTION THAT IS TIED TO THE SITE, UM, THAT WOULD ALLOW THEM TO BUILD WHAT THEY'VE PROPOSED.
WHAT'S
OBVIOUSLY THERE'S TESTIMONY ABOUT THEIR NEEDS FOR RETAINING WALL.
UM, WE LIKE TO ASK THEM THAT QUESTION TO UNDERSTAND THAT PRESENT SLOW THROUGH OTHERWISE PROPERTY.
UM, THE, THE FIRST APPLICANT WAS TESTIFYING IT WAS ABOUT SLOPE, BUT WE DIDN'T
UM, I ALSO APPRECIATE THAT THE VICE ION, THAT THE NEED FOR RETAINING WALL BECAUSE OF THE POOL WAS A SELF-CREATED WORKSHOP.
I'M MOVING ON THE SIDE OF IT BEING NOT CREATED.
THAT'S HOW I SORT OF GET THERE WITH THE NEED FOR THE INVOLVE MUST BE OF SUCH DESCRIPTIVE, UM, SHAPE, SIZE, SHAPE, SLOPE OR AREA THING.
UM, S UH, AND THAT'S HOW I CONCLUDE FOR ME THAT IT MEETS THE THREE REQUIREMENTS AND WHY I'M SECLUDED.
SO I THINK WE'RE ESSENTIALLY SAYING, HEY, THE EXISTENCE OF OF RETAINING WALL INDICATES THERE PROBABLY IS A SLOPE.
WE HAVE NO TESTIMONY THAT THERE IS A SLOPE.
BUT, BUT WE'D EXPECT, I'LL ARGUE YOU, WE, WE HAVE THE ABILITY HERE TO MAKE A DECISION.
UH, WE CAN MAKE A DECISION AND THE, THE APPLICANT CAN EITHER BUILD WHAT THE CODE ALLOWS OR COME BACK WITH SOMETHING DIFFERENT.
MY, MY OPPOSITION REALLY ISN'T BASED ON HOW BIG IT'S, UH, I JUST, BUT I THINK IT, I I DO THINK IF I WANTED TO GO THE EXTRA LEVEL AND WE STARTED TALKING ABOUT COMMENSURATE, EVEN IF WE SAID, OKAY, THERE'S A HARDSHIP,
[02:20:01]
UH, IS THIS SIZE OF CA CITA REQUIRED TO BE COMMENSURATE AND AND TO DO, TO SERVE JUSTICE? JUSTICE? I THINK THAT WE'D FIND THAT THE STRETCH, I DON'T KNOW.SO MY, UH, UNLESS I THINK EVERYBODY SHOULD HAVE A CHANCE TO SPEAK, I CERTAINLY HAVE MINE.
WOULD YOU PULL THE QUESTION? ALRIGHT, MR. MILLIKEN? AYE.
MR. VICE CHAIR NAY MOTION FAILS.
MOTION FAIL THREE TO TWO, UH, WHICH PROBABLY MEANS EITHER MR. STON RISE TO NO.
I JUST WANNA MAKE SURE I'M DOING THIS CORRECT.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER DDA 2 3 4 DASH 0 1 7 ON APPLICATION OF LAURIE A BARIENTOS DENY THE VARIANCE TO THE FLOOR AREA RATIO SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMEN WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLE.
IS THERE A SECOND? SECOND SECONDED BY MR. SASHEN.
ONLY NOTE I WOULD MAKE IS THE, THE THREAT THAT IF THIS FAILS, IT THEN BECOMES DENIED WITH PREJUDICE.
I'VE SAID ALL I SAY TO OPEN THE, THE, THE DISCUSSION.
CAN YOU HELP ME UNDERSTAND THE BASIS FOR WITHOUT PREJUDICE? ARE YOU ANTICIPATING THAT THEY WOULD COME BACK WITH ANOTHER PLAN THAT WOULD JUSTIFY THE SPACE? OR IF YOU GUYS ASKED, IF YOU GUYS TOLD ME YOU WANTED TO DO IT WITH PREJUDICE, I'D VOTE FOR THAT TOO.
UH, I'M CONSCIOUS OF THE FACT THAT IT WAS A THREE TO TWO VOTE AND THAT, UH, IT GIVES THEM FLEXIBILITY.
I I JUST, I I I TEND TO USE DENIAL WITH PREJUDICE SPARING THEM.
AND IF I WERE, IF PART OF THE BOARD'S CONCERN WAS SIZE, THEY WOULD BE ABLE TO COME BACK WITH A SMALLER, UH, WITH A SMALLER PROPOSITION THAT WAS STILL BIGGER THAN 25%.
AND I DON'T KNOW WHETHER THAT WOULD GET MR. SASHING VOTE, VOTE OR NOT.
SO THE PRACTICALITY IS IF IT'S WITH PREJUDICE, THAT MEANS WE PROCLUDED FROM COMING BACK TO THIS COURT FOR TWO YEARS.
IF IT'S WITHOUT PREJUDICE, IN THEORY, THEY COULD PETITION THIS BOARD AGAIN WITH A SLIGHT CHANGE ON EITHER INCREASING THE SIZE OF THE HOUSE THAT WOULD JUSTIFY MOST SQUARE FOOTAGE ON THE A DU OR A DIFFERENT
WELL, ABOUT THE SIZE SHEET OR THE SLOPE, FOR EXAMPLE, RIGHT? YES.
WE, UH, THE PUBLIC HEARING IS CLOSED UH, WE CAN'T DO IT.
UM, THANKS FOR THAT EXPLANATION, BUT THAT, THAT'S WHY YOU, YOU DON'T LIKE MY EXPLANATION? I DO.
I JUST WAS MAKING SURE THAT THAT WAS CLEAR TO EVERYBODY.
I MEAN, IF, IF YOU GUYS FEEL LIKE IT'S IMPORTANT TO DO IT WITH PREJUDICE, I'LL SUPPORT YOU GUYS AS WELL.
BUT I, THAT, THAT WAS WHAT I, MR. CHICK, CAN WE MOVE TO HOLD THE MATTER UNDER A ADVISEMENT? UM, WE'LL HAVE TO DEAL WITH THIS MOTION FIRST, OR I COULD, UH, RETRACT MY MOTION.
IS THAT CORRECT? UH, SO WE'RE, WE'RE DISCUSSING IT.
IS THAT, ARE YOU TELLING ME THAT'S WHAT YOU, THAT WOULD BE YOUR PREFERENCE? YOU AND JUDY'S I ALMOST VOTED POSSIBLY IN MR. SINGTON DO, IF YOU'RE TELLING ME YOU WANNA, YOU WANNA DO IT, AND I, I'M WILLING TO WORK WITH VICE CHAIR.
I WOULD LIKE TO ADD, EFFECTIVELY THE DIFFERENCE BETWEEN, UM, DENYING
[02:25:01]
WITH PREJUDICE AND HOLDING OVER WOULD BE THEM PAYING THE FEE.DENYING WITH PREJUDICE MEANS THEY'RE NOT COMING BACK.
DENYING WITHOUT PREJUDICE, IF THEY CAME BACK BEFORE THE BOARD, IT WOULD BE A NEW CASE.
THEY WOULD'VE TO REPAY THE FEE.
IF IT'S HELD OVER, THEY WOULD NOT HAVE TO PAY THE FEE AND THE STAFF HOLDING IT OVER, THE STAFF WILL RE NOTIFY REGARDLESS.
UH, JUST BEAR IN MIND THAT THE APPLICANT, UM, TESTIFIED THAT THEY DON'T HAVE A PROBLEM WITH REDUCING THE SIZE OF, OF WHAT THEY BUILD.
SO, UM, I, I THINK THE DENIAL, THEY WILL FIND A WAY TO BUILD WITHIN WHAT'S ALLOWED BY, BY CODE.
SO MAYBE THAT, MAYBE THAT'S THE OPTION.
IF IT'S THE SENSE OF, OF THE BOARD THAT THE ISSUE IS ACTUALLY THE SIZE OF, OF THE A DU, THEN WE WOULD PROBABLY BE DOING THE APPLICANT A FAVOR BY SAVING THEM THE, THE REFILING FEE, UH, UM, SENSITIVE FACT THAT IT STILL REQUIRES THE STAFF TO DO WORK.
UM, UM, AND I, I WON'T SPEAK IT.
I MEAN, MY, MY OPPOSITION IS MORE, I DON'T KNOW THAT THE SIZE IS REALLY GONNA CHANGE MORE, TO BE FAIR.
LIKE, I, I JUST, I CAN'T GET TO THERE BEING A PARTNERSHIP.
THE ONLY THING THAT WOULD CHANGE MY OPINION IS IF, IF SOMEBODY SHOWED ME A TOPO WITH A BIG SLOPE, FOR EXAMPLE.
AND SO WE'RE KIND OF AHEAD OF OURSELVES, BUT THE ANSWER IS, I'M WILLING TO DO THAT.
YOU CAN MAKE IT, UH, UH, I WOULD LIKE TO AVOID DENYING IN THIS CASE WITH PREJUDICE, BECAUSE I DON'T THINK THERE'S A REASON TO, TO HANDCUFF THE, THE APPLICANT.
UH, IT'S NOT LIKE WE'VE BEEN THROUGH THIS FOUR TIMES AND PEOPLE COME DOWN HERE AND NOBODY'S EVER GONNA AGREE.
I JUST, SO WOULD YOU LIKE TO HOLD IT OVER IF YOU TELL ME THAT I WILL WITHDRAW MY MOTION.
WHAT EXACTLY DOES HOLD OF THIS MATTER UNDER ADVISEMENT UNTIL WHAT MEETING? IT MEANS YOU, WE WILL MAKE NO DECISION UNTIL A DATE CERTAIN.
SO WE LEAVE THAT AT THAT PART BLANK SO THAT YOU CAN INPUT THE DATE OF YOUR CHOOSING.
IDEALLY, IT'S GONNA BE THE NEXT BOARD OF ADJUSTMENT MEETING.
IT DOESN'T NECESSARILY HAVE TO BE, YOU COULD CHOOSE SIX, TWO MONTHS.
RIGHT? SO WHAT ARE WE IN NOW? FEBRUARY.
SO YOU DON'T HAVE TO DO MARCH 19TH, YOU COULD DO APRIL, WHATEVER THE SUBSEQUENT DATE WOULD BE.
AND I DON'T HAVE ANY VISIBILITY.
WELL, I PROBABLY SHOULD, BUT I DON'T KNOW WHAT OUR CASE LOAD IS LIKE.
BUT FRANKLY THAT SHOULDN'T, SHOULDN'T, THAT WOULD ONLY AFFECT WHEN WE MOVE.
AM I CORRECT? THAT IS THE FINAL HEARING THOUGH, IS THAT CORRECT? NOT NECESSARILY.
BUT I, I MEAN, BOARDS SOMETIMES MAKE DECISIONS OVER AND OVER TO HOLD THINGS OVER.
UH, I PERSONAL, I DON'T LIKE DOING THAT AT ALL.
UH, BUT NO, THERE'S NOTHING, NOTHING THAT WE COULD DO THAT WOULD BIND OURSELVES TO MAKE A DECISION.
WE COULD PUNT THIS, I GUESS FOR A, A LONG, LONG TIME.
SO, WOULD YOU LIKE ME TO WITHDRAW MY MOTION? IT'S A QUESTION OF, OF NO, WE WE'RE GOING TO EXECUTIVES
STOP ME IF YOU WANT ME OR YOU GUYS VOTE ME DOWN AND I, WE JUST NEED TO MAKE A DECISION MOVE FORWARD.
I MOVED TO DENY WITHOUT PREJUDICE.
YEAH, IT MEANS I COULD COME BACK NEXT MONTH OR ANYTIME, BUT IF, RIGHT.
SO I GUESS IF YOU GUYS WOULD LIKE TO HOLD IT OVER, THE BEST WAY TO DO IS TO VOTE AGAINST THIS MOTION AND THEN HOLD IT OVER.
JUST UNDERSTAND THAT IF YOU VOTE AGAINST THIS MOTION AND THE MOTION TO HOLD OVER DOESN'T WIN, THEN IT DEFAULTS TO, UH, A DENIAL WITH PREJUDICE.
YOU COULD DO A MOTION TO RECONSIDER, BUT THAT WOULD BE BRINGING THIS MOTION BACK UP.
ARE THERE ANY, UH, CAN WE, MILLIKEN? AYE.
MR. SA, MR. PO, MS. POLLARD NAY.
[02:30:01]
MOTION PASSES TO DENY FOUR TO ONE.SO THE RIGHT TO BUILD IS APPROVED AND YOU GUYS ARE WELCOME TO WORK WITH THE CITY STAFF OR, AND OR THE BOARD STAFF IF YOU'D LIKE TO, UH, HAVE A DIFFERENT SITE PLAN.
I THINK YOU, YOU'VE HEARD OUR DISCUSSION AND PROBABLY WHERE WE LAND.
UM, UH, SO THANK YOU FOR BEING HERE.
NEXT CASE, PUSHING FORWARD AT FOUR 13.
IT IS BDA 2 3 4 DASH 0 2 2 4 7 1 1 NORTH LYNDHURST AVENUE.
IT IS A REQUEST FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS AND FOR A SPECIAL EXCEPTION TO DEFENSE STANDARDS REGULATION.
IF YOU'RE HERE TO SPEAK ON THIS CASE, EITHER FOR OR AGAINST, WOULD YOU PLEASE STAND AND BE SWORN? ARE, ARE YOU THE APPLICANT? I, UM, YEAH, I'M REPRESENTING THE, YES.
WOULD YOU PLEASE BE SWORN IN AND THEN STATE YOUR NAME AND YEAH.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED.
ADDRESS IS 6 6 5 1 SOUTH INTERSTATE 35 IN CORINTH, TEXAS 7 6 2 10.
SO, HI, UH, FIRST OF ALL, UH, THANK YOU FOR HAVING ME HERE.
UM, I'M REPRESENTING, UH, THE OWNERS OF THIS ADDRESS WHO UNFORTUNATELY CANNOT BE HERE.
THEY ARE OUTTA STATE, SO THEY APOLOGIZE.
UM, THEY HAVE HIRED US TO GET PERMISSION TO BUILD A FRONT YARD FENCE OVER FOUR FEET TALL, UM, AT THEIR PROPERTY.
UM, THEY ARE WANTING TO BUILD AN ORNAMENTAL STEEL FENCE WITH SOME STONE COLUMNS AND FORCE SLIDE GATES TWO ON EACH DRIVEWAY.
UM, OR METAL STEEL FENCE IS GONNA BE SIX FOOT EIGHT, SIX FOOT EIGHT INCHES TALL FROM GROUND UP FOUR STONE COLUMN.
THERE A LIKING TO BUILD ALONG THE FENCE THAT ARE GONNA BE EIGHT FEET TALL AND ANOTHER FOUR STONE COLUMNS, TWO ON EACH DRIVEWAY, 10 FEET TALL, UM, ALONG WITH SLIDE GATES ON EACH DRIVEWAY.
UM, THE DRIVEWAY ITSELF, THE GATES WILL BE BACK FAR ENOUGH 20 PLUS FEET FROM THE STREET.
IT WILL NOT BE OBSTRUCTED WHEN CARS COMING IN AND OUT.
UM, EVERYTHING WILL BE IN THE 20 FOOT, OR EXCUSE ME, OUTSIDE THE 20 FOOT TRIANGLE ZONE.
UM, SO EVERYTHING IS GONNA BE UP TO CODE ON THIS BUILD, BUT THEY'RE JUST WANTING PERMISSION TO BUILD THIS FENCE ABOVE FOUR FEET TALL.
UM, THE ORNA METAL STEEL FENCE ITSELF IS GOING TO BE VERTICAL PICKETS FOR FOUR INCH GAPS.
SO YOU CAN SEE THROUGH 'EM, UH, WHEN YOU'RE COMING IN AND OUT OF THE DRIVEWAY.
THE STREET ITSELF, NOT A BUSY STREET, IT'S IN A CUL-DE-SAC.
THE MAIN REASON THAT THIS HOMEOWNER IS BUILDING THIS SIZE OF FENCE IS A HUNDRED PERCENT SECURITY SAFETY FOR THE FAMILY, BECAUSE RIGHT NOW, THE WAY IT STANDS THERE IS NOBODY COMING FROM, OR ANYBODY FROM THE STREET CAN WALK UP TO THE FRONT DOOR TO THE WINDOWS FROM THE SIDE DOOR TO THE GARAGE.
SO THIS IS WHY THEY WANT TO BUILD THIS FENCE AROUND THEIR PROPERTY.
UM, THAT BEING SAID, TO ALSO ON THE SIDES OF THE FRONT TO THE, TO THE HOUSE, NO STRONG CALMNESS, BUT WE WANNA DO BUILD AN OR MILL STEEL FENCE, SIX FOOT EIGHT, SIX FOOT EIGHT INCHES TALL ON THE SIDES.
SO YOU'RE GONNA GO FROM THE FRONT TO THE SIDES OF THAT.
SO, UH, SEE, OTHER THAN THAT, IT'S, YOU'RE JUST, UH, AGAIN, ASKING PERMISSION TO BUILD DEFENSE ABOVE FOUR FEET TALL FOR SECURITY REASONS FOR THE FAMILY.
QUESTIONS FOR THE SPEAKER? THANK YOU.
UH, ARE THERE JUST FOR THE, THERE ARE NO OTHER SPEAKERS IN FAVOR HERE? NO, THE, THE SPEAKERS REGISTER AND SO THERE ARE NO, OKAY.
UH, DOES THIS HELP? I'M SORRY.
I HAVE PICTURES
THAT WILL HELP THAT ACTUALLY HAVE THIS STYLE OF FENCE, IF NOT BIGGER, TO BE HONEST WITH YOU.
UM, AND ALSO DO HAVE SIGNATURES FROM THE NEIGHBORS THAT DID ANSWER THEIR DOOR THAT APPROVE OF THIS PROJECT.
UM, DID YOU, I THINK, I'M PRETTY SURE I HAVE PICTURES.
I DON'T BELIEVE THIS IS IN ALL FILE.
[02:35:01]
HAVE LETTERS IN OPPOSITION, RIGHT? WE HAVE LETTERS IN OPPOSITION IN THE FILE, NOT, AND NOTHING FOR, AND YOU'VE SEEN WHAT WE'VE SEEN IN TERMS OF, UH, OUR DRIVE AROUND AND COMPARABLE PROPERTY.SO IF YOU HAVE THINGS SUBMIT, NOW'S THE TIME.
CAN I HAND IT TO YOU? YOU WANNA EMAIL IT TO YOU? I JUST KIND JUST GIVE 'EM TO YOU.
HOW MANY COPIES OF THAT YOU HAVE? WELL, THERE'S PROBABLY 20 PICTURES IN THERE.
HOW MANY COPIES OF THERE? UH, ONE EACH.
AS LONG AS WE, DO YOU MIND IF WE RETAIN THAT FOR RECORDS? YES, SIR.
UM, UH, SO IF THAT'S OKAY, BUT YOU SAID THERE'S 20, UH, 18 TO 20.
I THINK IT'S ABOUT AT LEAST 18, IF I REMEMBER RIGHT.
UH, I MOVE, UH, THE BOARD OF JUSTICE TO SUSPEND ITS, UH, EVIDENTIARY RULES TO ALLOW FOR, UH, ONE COPY OF UNDER, UNDER 30 PAGES TO BE DISTRIBUTED TO THE BOARD, WHICH WE WILL RETAIN SOUNDS.
THANK ALL IN FAVOR, PLEASE SAY AYE.
PROBABLY HAVE TO WALK US THROUGH THIS A LITTLE BIT BLIND.
AND, UH, MAKE SURE I WORK, SO I DON'T KNOW HOW TO, I MEAN, WE CAN DO IT LIKE THIS.
UM, THAT'S JUST THE, THE PROBLEM WITH THIS.
IT MAY BE THAT WE JUST ALL TAKE A MINUTE AND LOOK AT IT UNLESS THERE'S SOME COMMENT YOU'D LIKE TO MAKE.
NO, THE ONLY THING I, YOU GUYS DO, UH, I DID EMAIL THE COPY OF THE DRAWING THAT THE HOMEOWNER HAS OF THE FENCE ITSELF.
YOU GUYS SHOULD HAVE THAT, UM, OF THE PROPOSED STYLE AND HEIGHT AND THEN ALSO OF THE STONE COLLARS.
SO I DON'T KNOW WHERE THESE HOUSES ARE IN RELATION TO THE MILL BAG.
DO YOU KNOW WHERE 48 34 HURST IS RELATIVE TO, TO YOUR PROPERTY? UH, IT SHOULD BE PROBABLY JUST A COUPLE HOUSE DOWN IF, 'CAUSE THEY'RE ON HURST.
ALSO OUTSIDE, I ASSUME TEN ONE ONE ONE STRAIGHT LANE.
VICE CHAIR, MAY I ASK A QUESTION WHILE YOU'RE FLIPPING THROUGH THE PICTURE? ABSOLUTELY.
CAN YOU REMIND ME APPROXIMATELY HOW FAR OFF THE STREET THE PROPOSAL IS TO BUILD THE FENCE? FOR THE FENCE ITSELF OR THE GATE? UH, I KNOW YOU SAID THE GATE WAS 20 FEET.
UHHUH
IT LOOKS LIKE SOME OF THESE ARE BUILT FAR ENOUGH BACK THAT THE HEIGHT WOULDN'T BE AN ISSUE.
TEN SEVEN SEVEN SEVEN STRAIGHT LANE.
TEN SIX TWENTY, UH, WAS ASSESSED
AND THEN WE HAVE, WHAT I THINK YOU SAID IS A LIST OF PEOPLE WHO MAY HAVE SIGNED THE PETITION.
I WALKED OVER TO SEVEN HOUSES THAT ARE ON THAT STREET AND ONLY THREE ANSWERED THE DOOR.
UM, PROBABLY HAD A LOT OF GATE.
SOME I COULDN'T EVEN GET AHOLD OF.
UH, SO I, I DON'T EXACTLY KNOW HOW TO READ
[02:40:01]
WHAT YOU HAVE.THERE'S SOME NAMES, SOME SIGNATURES, SOME WOULD, THEY THEY DO, BUT I CAN'T EXACTLY TELL WHO APPROVED WHAT, BUT YOU ARE WELCOME TO TRY TO INTERPRET IT.
ANYBODY WANT THESE PICTURES?
YEAH, THAT'S, IT'S, UH, I'M NOT SURE HOW TO MAKE MUCH OUT.
I, I HAVE LETTERS AND I KNOW HOW TO DEAL WITH PETITIONS.
BUT WHAT DO YOU SEE? UM, SO I'M ASSUMING WHERE HE HAS THE ADDRESS, IF THEY SIGN UNDER THEIR ADDRESS, THEY WERE IN SUPPORT.
AND WHY DO YOU ASSUME THAT? SO I SEE THE ADDRESS AND THEN I SEE A SIGNATURE.
I SEE THE ADDRESS AND THEN I SEE A S BUT WHAT DOES IT MEAN? I MEAN, IT SAYS, YEAH, I LIVE HERE.
OR DOES THAT MEAN THEY'RE FOR SOMETHING? VICE CHARGING? WE'RE WORKING OFF OF HIS REPRESENTATION UNDER OATH.
THAT THAT'S WHAT IT'S SO IS THAT WHAT YOU'RE SAYING? EVERY PERSON ON THIS, YOU TALKED TO YOURSELF, SAID, HERE'S WHAT WE'RE GOING TO DO.
I TOLD 'EM STEP BY STEP WHAT WE'RE GONNA DO.
AND EACH AND EVERY PERSON ON THAT LIST, OR ONLY THE ONE YOU SIGNED? THE ONLY THREE THAT SIGNED, I SIGNED, I ONLY GOT THREE TO SIGN THE OTHER ONE.
OKAY, SO IT'S THE ONES WHO SIGNED.
YEAH, THE OTHER ONES WEREN'T HOME.
THE OTHER ONE DIDN'T ANSWER THE DOOR.
SO 47 0 6 HAS A SIGNATURE, UM, 46 39.
NORTHLAND HERST HAS A SIGNATURE.
UM, NORTHLAND HURST IS OUTSIDE OF THE NOTIFICATION AREA, BUT 47 11 AND 47.
AND 46 39 NORTH GLENHURST ARE TWO OF THE SIGNATURES THAT'S WITHIN THE NOTIFICATION AREA.
THAT'S NUMBER TWO AND NUMBER FIVE.
SO TWO WILL BE DIRECTLY ADJACENT, BUT WE ALSO, FOR FIVE, WE, WE RECEIVED A LETTER OF OPPOSITION.
YEAH, THAT'S SORT OF WHAT I THOUGHT.
I'M SORRY FOR PROPERTY NUMBER 5 47 0 6.
UM, YEAH, FROM MARY, WE RECEIVED FOUR SEVEN, A LETTER OF OPPOSITION.
SO I DON'T KNOW WHAT TO DO WITH THAT.
THE ONE ON THE VERY TOP, SHE IS OPPOSING TO THIS AS YOU'RE SAYING.
WE HAVE AN EMAIL FROM FEBRUARY 14TH, 2024 FROM MARY GEISLER, 47 0 6 NORTH LYNDHURST AVENUE.
SHE IS OPPOSED, I'LL JUST READ IT TO YOU AS A NEIGHBOR ACROSS THE STREET FROM 46 11.
DOES SHE MEAN 47 11? I DON'T KNOW.
I'M IN OPPOSITION TO THE 10 FOOT HIGH RESIDENTIAL FENCE UNDER CONSIDERATION AT THIS PROPERTY.
REASONS FOR OPPOSITION, THE HEIGHT IS 10 FEET TOO TALL AND THE CLOSENESS TO THE STREET WILL BE OVERWHELMING.
ONLY ONE OTHER PROPERTY ON THE STREET HAS A FENCE.
THIS DESTROYS THE COUNTRY-LIKE FIELD THAT CURBLESS STREETS HAVE.
THERE IS NO NEED FOR ADDITIONAL PRIVACY AS THERE'S LITTLE TRAFFIC ON A CUL-DE-SAC STREET.
IT DOES NOT FIT IN WITH THE AESTHETICS OF THE NEIGHBORHOOD.
CARS WILL BE PARKED OUTSIDE THE FENCE WHEN IT IS CLOSED AS THEIR CONSTRUCTION AND OTHER BUSINESS VEHICLES ARE PARKED ON THE STREET WITHOUT THE FENCE.
VISUALLY, IT WILL BE UNPLEASANT.
THANK YOU MARY LEY IN HER ADDRESS.
UH, THEN ON THE 15TH OF FEBRUARY, WE HAVE SOMEONE WHO, WHO IS THE POWER OF POWER OF ATTORNEY OR WELL, LET ME, IT SAYS MARGARET CANTRELL CORRIN POWER OF ATTORNEY.
I'M NOT SURE WHO IS THE ATTORNEY OF THE IT'S HIM ON HER.
NO, I JUST COULDN'T TELL WHICH SHE'S IN.
SO SHE SAYS, AS A 30 YEAR HOMEOWNER AT 47 30 NORTH HURST, DO YOU KNOW WHAT NUMBER THAT IS THAT ASKING NUMBER SIX.
SO HE SAYS, AS A 30 YEAR HOMEOWNER AT 47 30
[02:45:01]
NORTH WIND LETTER WRITTEN, EXPRESS A STRONG OPPOSITION, UH, TO FOLLOWING TWO PROPOSED VARIANCES REQUESTED BY SEAN MARTINEZ AT 47 11 NORTH WIND AVENUE.AND IT REFERENCES THAT CASE VARIANCE TO THE FRONT YARD SETBACK.
TWO SPECIAL EXCEPTION TO DEFENSE STANDARDS.
THE MAIN REASON FOR OPPOSING THE PROPOSED VARIANCE IS APPROVED.
ALL ONE PROPOSED HEIGHT OF THE DEFENSE THAT APPEARS RENDERING OF THE PROPOSED FUNDS THAT WAS PROVIDED WITH THE PUBLIC HEARING NOTICE WILL BE 10 FEET TALL IN SOME SECTIONS.
THIS SEEMS EXCESSIVELY TALL AND MORE LIKE A WALL AMOUNT OF FENCE.
TWO INCONSISTENT WITH SURROUNDING PROPERTIES ON THE BLOCK.
OUT OF 14 HOMES ON THE BLOCK, NORTH GLENHURST WEST OF LENNOX LANE, AND ONE HAS A FRONT YARD FENCE AND DOES NOT APPEAR TO BE EXCESSIVELY TALL.
MUCH OF THE APPEAL TO THE STREET HAS ALWAYS BEEN THE LARGE ONE ACRE OPEN WALKS THAT MAKE IT LIKE LIVING IN THE COUNTRY.
AND THE NEIGHBORS ON THE STREET HAVE MAINTAIN MAINTAINED THIS, WITH THE EXCEPTION OF THE ONE HOME THAT HAS A FENCE IN THE FRONT.
THREE BENEFIT OF SURROUNDING PROPERTIES.
IT WOULD BE HELPFUL TO UNDERSTAND THE BENEFIT OF THE SURROUNDING PROPERTIES AND BLOCK BY ALLOWING THESE VARIANCES TO 47 11.
CLEARLY, MR. MARTINEZ SEES A PERSONAL BENEFIT, BUT I AM NOT SURE THAT THERE'S A POSITIVE BENEFIT TO OTHER NEIGHBORS.
IN FACT, COULD BE VIEWED AS NEGATIVELY IMPACTING EXISTING HOME VALUES AND NEIGHBORS BY HAVING A STRUCTURE SO OUT OF STANDARD.
AND THOSE PROPERTIES NEAREST COMMANDS OUR HOMES WITHIN, UH, 200 FEET AND 47 11.
NORTH HURST WOULD HAVE THE GREATEST IMPACT FOR SAFETY, PARKING AND TRAFFIC.
NEIGHBORHOOD DOES NOT HAVE SIDEWALKS CAUSING PEDESTRIANS TO WALK IN THE STREET.
ADDITION NEIGHBORHOOD STREETS OR NARROW AND DO NOT HAVE CURBS BY CONSTRUCTING A DAVID FENCE.
GUEST AND SERVICE HELP THAT HAVE LIMITED ACCESS TO THE CIRCLE DRIVE OF 4 7 11 NORTH WINDS CAUSING EXCESS PARKING UP AND DOWN THE STREET.
THIS CAUSES PEDESTRIANS HAVE TO WALK IN THE LAYMAN CARS AND CAUSERS CONGESTION, THE PASSING CARS.
THIS IS ALREADY AN ISSUE ON STRAIGHT LANE LOCATED IN THE NEIGHBORHOOD.
PLEASE NOTE THIS OPPOSITION IS NOT ABOUT BEING OPPOSED TO CHANGE IN THE NEIGHBORHOOD OR IN THIS BLOCK OF NORTH WINDS, BUT CHANGE NEEDS TO BENEFIT THE SURROUNDING HOMEOWNERS, THE IMBALANCE OF EXISTING HOMES AND NOT SUBSTANTIALLY CHANGE THE AESTHETICS OF THE STREET.
OUR HOME AT 47 30 NORTH GLENHURST WAS ONE OF THE FIRST REBUILT SLASH NEW CONSTRUCTIONS ON THE BLOCK.
AND ALL CITY BUILDING CODES WERE HONORED WITH NO VARIANCES.
IT IS MY HOPE THAT THESE CONCERNS WILL BE CONSIDERED AND THE VARIANCES WILL NOT BE ALLOWED IN CONSIDERATION.
TIME REVIEWING THIS IS IN APPRECI,
SO I DON'T KNOW, I GUESS WE, WE HAVE TO MAKE OUR OWN DECISION ABOUT A LETTER FROM MS. GEISLER AND A
UM, BUT IN THE END, THE STANDARD, BUT, OKAY.
UM, SO WE'VE SEEN WHAT, WHAT YOU GAVE US.
UM, IT'S STILL YOUR TIME AFTER ALL THIS.
I JUST, UH, A QUESTION ON THE, UM, THE FIRST LADY, SHE SAYS SHE HAS, SHE POSES OF IT NOW.
RIGHT? WHAT WE HAVE A LETTER FROM IS AFTER I GOT A SIGNATURE FROM HER ALREADY, OR SHE CHANGED HER MIND.
I DON'T KNOW WHEN YOU GOT THE SIGNATURE.
UM, YEAH, SO, YOU KNOW, I, YEAH, NO, SHE, SO I READ IT TO YOU
MS. PAUL, THAT, THAT LAST LETTER YOU WROTE, WAS THAT THE ONE THAT WAS THE POWER OF ATTORNEY LETTER? YES.
AND IS THAT RESIDENT THAT HE'S WRITING FOR RESIDING AT THAT RE YES.
IN THAT RESIDENCE? WELL, I DON'T KNOW WHERE THE RESIDENT, THE PERSON, I DON'T KNOW.
HE, HE IS REPRESENTING NUMBER SIX AND I, UH, WHO OWNS THE, THE HOUSE IS
SO FOR WHAT IT'S WORTH ON THE DEED, THE PERSON HE CLAIMS TO BE WRITING FOR IS THE DEED THAT OWNS THE PROPERTY WRITTEN.
UM, I, WE HAVE TWO LETTERS IN OPPOSITION, RECEIPT TO AN OPPOSITION, STAFF RECEIPT TO AN OPPOSITION.
[02:50:01]
READ THAT ONE CHANGED.IT'S A, LET'S JUST CALL IT A, YOU KNOW, I DON'T KNOW IS WHAT I'M TELLING YOU.
UM, ARE ANY QUESTIONS THE SPEAKER MAY LET ME SIT DOWN.
IS THERE A MOTION? VICE CHAIR AG? YES, SIR.
I HAVE A MOTION WHO I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 2 2 ON APPLICATION OF SEAN MARTINEZ GRANT, THE 36 FOOT VARIANCE TO THE PRINT GUARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT TO OUR EVALUATION OF PROPERTY.
AND THE TESTIMONY SHOWS THAT PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT PROVISION OF DALLAS DEVELOPMENT CODE AS AMENDED THE RESULT IN UNNECESSARY HARDSHIP.
THIS APPLICANT'S, I FURTHER MOVE THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE WITH MOST RECENT VERSION OF ALL SUBMITTED PLANS.
I SECOND PLEASE CALL RIGHT HERE.
AND JUST THIS WAS, THIS WAS THE MOTION ON THE VARIANCE, RIGHT? CORRECT.
I, TO ME IT LOOKS LIKE A LARGE SQUARE LOT HAS NO SLOPE PROBLEMS THAT I KNOW ABOUT IN A NEIGHBORHOOD, UH, THAT CHANGES VERY QUICKLY FROM STREET TO STREET.
STRAIGHT LANE IS A VERY DIFFERENT STREET THAN THE NEIGHBORHOOD.
AND I STRAIGHT LANE IS BASICALLY FOR THAT.
WHETHER YOU THINK, BUT MAYBE WE'VE SEEN A LOT OF CASES IN THIS NEIGHBORHOOD DISCUSS THIS.
I THINK IT'S QUITE AN OPEN NEIGHBORHOOD THAT THE, UM, TOUR WE GOT SHOWED THAT, UH, THERE ARE FENCES.
MANY OF THESE SEEM TO BE BROUGHT IRON TITLES, WHICH MIGHT GET TO THE DIFFERENT, THE MOST.
BUT THEN NOT OVERWHELMING MY OPINION.
ANY OTHER COMMENTS OR
BUT YOU'RE, YOU'RE THE, UH, IN TERMS OF THAT, THAT COMPONENT IN TERMS OF THE, THE NOT CONTRARY TO PUBLIC INTEREST COMPONENT.
THE REASON THEY MADE THE O CAITY HAS TO DO WITH NOT THE WHOLE FENCE
SO THAT'S WHY I, I VIEWED THIS AS NOT BEING CONTRARY TO PUBLIC INTEREST.
UM, I THOUGHT THAT GIVEN HOW IT LOOKS TO HAVE A COUPLE HIGHER STONES AROUND DRIVEWAYS AND NOT, UH, SPACED OUT IF WE NEED THAT, ONE OF THE COMMENTS IN OPPOSITION WAS MAYBE IT WOULD NEGATIVELY IMPACT THE NEIGHBORHOOD.
IT DIDN'T SEEM TO BE FORTIFYING.
IT SEEMED TO BE PERSONAL SUBJECTIVE TO NO, NOT PUBLIC.
SO TO, TO BANDING IT BACK AND FORTH.
PART OF PART OF THAT, I YOU WERE RIGHT.
I I, I HAVE LOST TRACK OF WHY WE NEEDED THAT, THAT SECOND THAT.
BUT PART OF, PART OF HIS POINT, I BELIEVE IT'S HIM, BUT WAS THAT WHEN YOU HAVE A FENCE THAT CLOSE TO THE PROPERTY LINE, YOU REQUIRE PEOPLE THEN TO WALK ON THE STREET.
THAT'S PARTIALLY WHY I WAS ASKING.
WHEN WE WENT ALONG OUR DRIVE, THERE WERE, I MEAN, YOU SEE, THEY LOOKED LIKE PARALLEL PARKING.
I THINK THAT THOSE ARE ACTUALLY ON THE PROPERTY, BUT I DON'T KNOW.
NO, THEY, THEY APPEAR TO BE 'CAUSE OF WHERE THE PLACEMENT OF SOME OF THE, UM, MAILBOXES WERE.
AND THAT'S WHY WHEN, UM, FOLKS WE'RE LOOKING AT THE PICTURES, YOU MIGHT HAVE OVERLOOKED THAT.
I ASKED THE APPLICANT A QUESTION ABOUT HOW FAR THE FENCE WAS OFF THE PROPERTY LINE.
[02:55:01]
SO IN TERMS OF HAVING A, A RELATIVELY LARGE CUSHIONED SPACE, IF YOU'RE OUT WALKING OR OTHERWISE FROM THE STREET, THAT'S A PRETTY WIDE SPACE BEFORE YOU EVEN GET TO FENCE.AND IF I'M REMEMBERING CORRECTLY, UM, IT'S BECAUSE SOME OF THE HIGHEST FLOURISHES ARE 10 FEET.
THAT'S WHY WE HAVE, WHY IT QUALIFY AS A STRUCTURE, WHICH IS WHAT TIES IT INTO SOME OTHER KIND OF, SO ELEMENTS AND COMPONENTS AS OPPOSED TO BEING, IF IT WAS NINE FEET, I THINK IT WOULD JUST BE A PURE CONTRACT
I WE THAT A PARKING SPACE, FOR EXAMPLE, IS EIGHT TO 10 FEET WIDE, 20 FEET LONG NUMBER, 50 NUMBER.
THAT'S A SMALL, I KNOW THEY'RE 20 FEET LONG, BUT, OKAY.
50 ROGER DRIVING MID HAVE A SMALL PLAN CODE.
UM, SO IF THAT, LET'S JUST SAY IT'S EIGHT FEET WIDE ON THOSE CUTOUTS, WHICH, SO I DON'T KNOW HOW WIDE SAY A NORMAL SIDEWALK IS A COUPLE FEET, THREE FEET MAYBE.
SO EVEN IF THERE IS NO SIDEWALK, YOU'RE GONNA NEED 11, 12, 13 FEET PROBABLY IF YOU INCLUDE THOSE, I'M JUST GONNA CALL THEM PARKING SPACES.
IT IS SOMEWHAT TELLING THAT, THAT THE, THE HEIGHT OF IT REQUIRES A VARIANCE.
I, I, AS A SPECIAL SESSION BE PRETTY EASY FOR ME TO VOTE.
LIKE I JUST DON'T HAVE TO MESS WITH A HARDSHIP.
IT'S, IT IS BEEN MOVED AND ATED.
PLEASE CALL THE QUESTION MS. WILLIAMS
MR. VICE-CHAIR, NAY MOTION PASSES TO GRANT OR ONE IS THERE A MOTION ON THE SPECIAL EXCEPT MR. WEST CHAIR? HAVE A MOTION? MR. SLATE.
I MOVE THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 34 DASH 0 22 ON APPLICATION OF SEAN MARTINEZ.
GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AN OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENTS FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
'CAUSE OUR VALUATION OF PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
I FURTHER MOVE THE FOLLOWING CONDITION BEING POSTED FURTHER.
THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE WITH OPACITY AND DEFENSE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS WERE REQUIRED.
I I WOULDN'T VOTE FOR THE LAST ONE.
YOU GUYS ALL VOTED FOR THE VARIANCE, I ASSUME.
I, UH, WAS JUST LOOKING, WAS TRYING TO UNDERSTAND WHERE IT WAS LESS THAN FIVE FEET FROM THE FRONT BLOCK LINE.
UM, THE, UM, I DON'T BELIEVE THAT THE FENCE IS LESS FEET.
WAIT, MAYBE I SHOULD HAVE READ OVER THE MOTION A LITTLE BIT MORE CLOSELY BEFORE I DONE THAT.
THAT WAS MY CONFUSION WHEN THE REP THROUGH NO, IT'S A GOOD CATCH.
DIDN'T NEED TO DO THAT ON THE RECORD.
SO EVERYBODY, YOU GOTTA SHARE YOUR WISDOM WITH THE WHOLE WORLD.
SO I THINK IT WAS A QUESTION AS TO WHETHER OR NOT, UM, THAT DRIVEWAY PORTION, WELL THE PARKING SPACE PORTION WAS A PART OF THE PROPERTY OR NOT.
UM, 'CAUSE THE APPLICANT SAID THAT THE FENCE IS GONNA BE BY WHAT, 13 BACK FROM THE PROPERTY TESTIMONY AND GIVEN 13 FEET.
[03:00:01]
AS MR. SLATE SAID THAT THE PARKING SPACES ARE, GIMME ONE SECOND FOR THE ACTUAL, NOT PER BUT BY THE GUESS FIVE.UM, IF I'M ASSUMING EIGHT FEET WIDE ON THAT P SHE GOT MAD.
SO ACCORDING TO THE
RIGHT? SO A PORTION OF IT IS WITHIN TWO FEET.
SO IT'S ALL WITHIN FIVE FEET OF THE ACTUAL PROPERTY LINE.
ACCORDING TO, UM, THE SITE PLAN, WE DO, WE KNOW WHERE THE PROPERTY LINE IS RELATIVE TO THOSE PARKING SPACES.
SO SO WHAT'S BEING BUILT FOR
SHE ANSWERED YOUR QUESTION, BUT YOU YEAH.
AT SOME POINT YOU'RE GONNA HAVE TO EXPLAIN IT FOR THE RECORD.
UH, VICE, JUST TO CLARIFY THE QUESTION THAT, THAT THE APPLICANT TRUTHFULLY TESTIFIED TO, I ASKED HOW FAR OFF THE STREET IT WAS AND HE SAID 13 FEET.
I DID NOT ASK HIM HOW FAR OFF THE PROPERTY LINE IT WAS.
UM, I STILL MAKE MY MOTION AS IS.
I JUST WANTED TO CLARIFY THAT, THAT WE WERE, THAT IT INACCURATE TESTIMONY AND CORRECT.
DIDN'T ASK THE CLARIFYING QUESTION.
WITH THAT CLARIFICATION, UH, I'VE ALREADY HEARD MR. SACHSEN SECOND IT.
ARE YOU STILL GOOD WITH THAT? YEP.
AND SECOND, IS THERE A DISCUSSION? HEARING NONE.
ASK MR. SACHE FIRST
UM, BDA 2 3 4 DASH 0 2 3 5 5 0 4 WEST UNIVERSITY BOULEVARD.
IT IS A REQUEST FOR VARIANCE TO THE SIDE YARD SETBACK REGULATIONS.
I DON'T KNOW, IT LOOKS LIKE MR. BROWN IS MAY WITNESS AND I DON'T KNOW WHETHER IT'S HIM OR HIS DESIGNEE.
UM, IF YOU'RE GOING TO SPEAK, WOULD YOU PLEASE STAND TO BE SWORN EITHER FOR OR AGAINST AND LET MS. WILLIAMS SWEAR IN? I DO.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
[03:05:01]
YOUR NAME AND ADDRESS AND PROCEED.JUST SAY YOU DO SO I CAN, SO I CAN SAY I'M SORRY.
UH, OR IS THE THIS THE APPLICANT OR? YES, THE A APPLICANT AND THE OWNER? UH, MY NAME IS JIMMY ARCHIE.
I RESIDE AT 55 0 4 WEST UNIVERSITY BOULEVARD, DALLAS, TEXAS 7 5 2 0 9.
AND I WASN'T ANTICIPATING BEING HERE, SO I HAD TWO CARDS FILLED OUT, MA'AM.
UH, ONE FOR MY REPRESENTATIVE TO SPEAK, BUT I'M STILL HERE.
SO, UH, THANK YOU BOARD FOR, UH, GUESSING THIS IS A VOLUNTEER POSITION AND TO PUTTING ALL THIS TIME INTO THE CITY.
UM, THANK YOU FOR ALLOWING ME TO BE HERE TO PRESENT TO YOU.
UM, SO MY HOUSE, UH, I DON'T KNOW THE EXACT YEAR.
I THINK IT WAS BUILT IN THE 1940S, MAYBE EARLY 1950S.
AND IT WAS BUILT AT A TIME, UH, WHERE THERE WAS A 10 FOOT SIDE YARD SETBACK, UH, ALONG EAST GREENWAY BOULEVARD.
UM, AND WITH THAT SETBACK, A A BEDROOM, A BATHROOM, AND A REAR PORCH OFF THE BEDROOM WERE BUILT UP TO THAT 10 FOOT SETBACK LINE.
UH, AT SOME POINT LATER ON, IT'S MY UNDERSTANDING THAT THE, THE CITY ADOPTED A CONSERVATION CODE ON THIS AREA, WHICH MOVED THE 10 FOOT SIDE YARD SETBACK BACK TO 20 FEET ALONG EAST GREENWOOD BOULEVARD.
UH, WHICH, UH, MADE MY HOUSE AT LEAST THE BEDROOM ON THAT SIDE OF THE HOUSE, LEGALLY NONCONFORMING AT THAT POINT.
UM, WITH THE SETBACK LINE BEING MOVED BACK.
SO FAST FORWARD TO, UM, THEN AT LEAST A YEAR, UM, I STARTED WHAT I THOUGHT WAS A AESTHETIC REMODEL PROJECT, UM, TO, UH, MOVE THE REAR WALL OF THAT BEDROOM TOWARDS THE REAR LOT, LINE FIVE FEET TO ENCLOS IN THAT COVERED PATIO.
UH, I WAS, I WAS DOING THE WORK.
UH, THE CITY INSPECTOR, UH, CAME KNOCKING ON THE DOOR AND SAID, YOU CAN'T BE DOING THIS WORK WITHOUT A PERMIT.
UM, SO WE STOPPED THE WORK AND WENT AND APPLIED FOR A PERMIT TO, UM, MAKE THAT, UH, RENOVATION.
UH, WHEN I APPLIED FOR THE PERMIT, THE PLANS EXAMINERS CAME BACK AND SAID, WE CAN'T APPROVE THIS.
UM, YOU'RE BUILDING IN THE, UH, SIDE YARD SETBACK THAT WAS NEWLY ADOPTED SIDE YARD SETBACK.
AND, UM, I OPPOSED THEIR INTERPRETATION, UM, BECAUSE WITH THE, WITH THE PORCH, THE ROOF AND THE EXTERIOR WALL HAD ALREADY BEEN IN PLACE.
UH, MY, MY INTERPRETATION WAS I WASN'T BUILDING IN THE SIDE OF SETBACK.
I WAS JUST ENCLOSING THE PORCH THAT WAS EXISTING.
UM, SO THE DIRECTION I WAS GIVEN WAS, UM, DESPITE MY OPPOSITION TO THE INTERPRETATION, UH, I WAS GIVEN DIRECTION TO, UH, YOU KNOW, THAT ONE AVENUE WAS TO, UH, APPLY FOR A VARIANCE THROUGH THE SIDE YARD SETBACK THAT WOULD THEN ALLOW MY PLANS TO BE PERMITTED.
SO I, UM, OBVIOUSLY WENT THROUGH THAT PROCESS AND HERE WE ARE TODAY.
UM, I HAVE, UH, SUBMITTED THE STAFF.
I RECORDED A VIDEO IN THE BACKYARD, AND AGAIN, UM, IMPLICATING MYSELF FOR IMPROVEMENTS BEING DONE WITHOUT A PERMIT, UM, FOR THE MISUNDERSTANDING.
UM, BUT I, I RECORDED A VIDEO TO EXPLAIN THE SITUATION TO ALL MY NEIGHBORS, UM, WHO THEN SUBSEQUENTLY WROTE LETTERS OF SUPPORT, UM, AND, UM, EXPRESSED THEIR, THEIR CONFUSION WITH MINE AS TO WHY A VARIANCE WAS BEING REQUESTED.
SO IS IT POSSIBLE YOU MAY BE THE FIRST PERSON TO THINK OF WHAT IS OBVIOUSLY BRILLIANT WAY THAT I'VE EVER SEEN TO MAKE A YOUTUBE VIDEO FOR ALL YOUR NEIGHBORS? I GUESS THAT COULD GO AGAINST, BUT GREAT IDEA.
IS IT POSSIBLE TO PLAY THAT VIDEO AND THEN I HAVE A FEW PHOTOS AS WELL TO FOLLOW.
I HAVE IT HERE, BUT IT IS NOT ALLOWING ME TO PLAY IT.
IT'S SAYING, UM, I NEED SOME TYPE OF ITEM, SOMETHING TO PLAY.
COULD WE EMAIL THE VIDEO TO, TO YOU? IT MAY PLAY, IT'S, IT'S STILL
[03:10:01]
GONNA GO THROUGH MY MEDIA PLAYER.IT NEEDS TO BE PLAYED FOR THE RECORD, HOWEVER WE DO IT.
IS IT A YOUTUBE VIDEO? YEAH, IT, NO, IT'S A VIDEO ON MY PHONE.
IT'S A YOU CAN TRY EMAIL ME TO YOU COULD CONNECT YOUR PHONE TO THE I'D CERTAINLY DO THAT.
AKO IS DEVICE BASED, SO IT'S QUITE POSSIBLE THAT SOME OTHER COMPUTER COULD PLAY IT.
THAT'S JUST SO OUT OF CURIOSITY, YOU MADE THIS VIDEO THAT DIDN'T POST IT ON YOUTUBE, BUT, BUT SENT IT TO YOUR NEIGHBORS.
HOW, HOW DID YOU DISTRIBUTE IT? TEXT, TEXT, TEXT, TEXT MESSAGE.
SO THE VIDEO'S PRETTY, YOU ACTUALLY, YOU DIDN'T POST IT SOMEWHERE AND YOU TEXT THE LINK, YOU HAVE TO JUST TEXTED THE VIDEO DIRECT TO THEM? YES.
AND THEN HARD TO GET PEOPLE OUTTA THE HOUSE, WALKED AROUND TO COLLECT THE LETTER.
AND I, UNLESS THE APPLICANT ASKED FOR HIM TO SAY, WOULD PROBABLY DO HIS QUESTION.
[03:15:28]
SO I WOULD, I WOULD SIMPLY SAY THIS, IF IT'S, UH, IMPORTANT OR NOT, WE'RE GONNA LOSE A MEMBER AT FIVE 15.
SO, UH, IF THERE'S ENOUGH AUDIO THAT YOU CAN PLAY FOR US, UH, AT, AT SOME POINT, I THINK WE, WE GOTTA JUST MOVE FORWARD MEETING NOW.
WERE YOU ABLE TO OPEN THE PICTURES? OKAY, NEXT WE WILL SHARE.
SO, SO THE, THAT WALL WAS THERE, THE WINDOW OPENING WAS THERE.
THE, THE REAR WALL WAS THERE WHERE MY LEFT HAND IS AND IT WENT STRAIGHT BACK INTO THE HOUSE.
SO I TOOK THAT WALL AND JUST MOVED IT OUT TO WHERE THE, THE NEW WINDOWS ARE.
SO YOU DIDN'T EVEN HAVE TO ADD THE ROOF, YOU DIDN'T HAVE TO DO ANYTHING ON THE ROOF.
WELL, I, I MODIFIED THERE WAS A, THERE WAS A, A FLAT ROOF STRUCTURE OVER THE PATIO.
SO THE THE, THE ROOF GOT MODIFIED.
AND THEN THE 10 FOOT, THE 20 FEET GOES TO JUST PAST, ALMOST PAST THAT SECOND WINDOW.
SO IT'S A PORTION OF THAT ENCLOSED PATIO IS WHAT THEY'RE SAYING.
BUT STEPH INTERPRETED TO BE IN THE SIDE YARD SETBACK.
AND YOU HAVE TO PUT THE DEEP CHAIR IN THE STREET.
SO THIS IS STANDING IN EAST GREENWAY, LOOKING EAST TOWARDS THE HOUSE WHERE THAT BED, THAT BEDROOM IS BEHIND THE TREE THERE,
[03:20:14]
THE OTHER MM-HMM.AND THAT'S, THAT'S THE BEDROOM.
THERE YOU CAN SEE THE BRICK WALL.
SO THAT BRICK WALL IS WHAT JUST KEPT RUNNING INTO THE BACKYARD.
SO THIS IS, SO I'VE SPOKEN TO MY, AGAIN, MY NEIGHBOR TO THE WEST, UM, WHICH IF I'M, IF I'M ENCROACHING THE SIDE YARD SETBACK, I'D BE IMPACTING HIM THE MOST.
HE SUPPORTED, I WENT TO THE NEIGHBOR BEHIND ME, I BRINGING THAT WALL BACK TOWARDS HIS LOT.
THEY, THEY SUPPORTED THE NEIGHBOR TO THE EAST, SUPPORTED.
AND THEN I WENT THERE TO SEVERAL RANDOM NEIGHBORS IN THE NEIGHBORHOOD BECAUSE I, I WANTED THEIR OPINION OF WHEN YOU'RE DRIVING A A A A, THE PUBLIC DRIVING DOWN EAST GREENWAY BOULEVARD, IF I WAS, UH, IMPACTING THE SPIRIT OF THE SETBACK ORDINANCE, WHICH I DON'T BELIEVE I AM, UM, SINCE THE, THAT EXTERIOR WALL IN IN ROOF BOARD WERE EXISTING.
SO, UM, SO I GOT A COUPLE LETTERS OF SUPPORT FROM FOLKS THAT JUST DRIVE UP AND DOWN EAST GREENDALE BOULEVARD.
UH, I SHOULD ADD THERE QUESTIONS FOR THE OFFICE.
UM, MR. LOCKHART IS AN OPPOSITION.
I'M LOOKING FOR SPEAKERS, UH, IN FAVOR.
TALK WHEN YOU WANT ME TO NO, I'M VERY SORRY.
I, I SO ARE THERE, ARE THERE FURTHER SPEAKERS IN FAVOR? NO, THE SPEAKER, SIR.
YOU WERE SWORN IN OR WOULD YOU PLEASE SAY YOUR NAME AND ADDRESS? MY NAME IS BILL LOCKHART.
I'M 53 54 WINTA DRIVE, DALLAS, TEXAS 7 5 2 0 9.
I'M A MEMBER OF THE GREENMAN PARKS HOMEOWNERS.
LET ME IMMEDIATELY INTERRUPT YOU FOR A SEC.
UH, I NEED TO DISCLOSE THAT I'M ACTUALLY FOUR DOORS DOWN FROM MR. LOCKHART ON JUANETTA.
AND SO I DON'T THINK THAT'S GONNA IMPACT ANYTHING REGARDING THAT, BUT WANTED TO PUT THAT DISCLOSURE ON THE RECORD FOR PURPOSES OF THE HEARING.
AND, AND I'M HERE WITH A VERY PARTICULAR AND NUANCED REQUEST, UH, AT THE REQUEST OF CLAY MOAT, WHO IS THE VICE PRESIDENT OF RESTRICTIONS FOR THE HOMEOWNER ASSOCIATION.
UM, WHAT WHAT IS IMPORTANT, I THINK THAT APPLIES TO THIS PARTICULAR CASE IS THAT THIS IS A CONSERVATION DISTRICT.
THERE'S A WHOLE SET OF ADDITIONAL CITY CODE THAT APPLIES TO OUR ZONE, CD 10.
AND, UH, AND IN THIS PARTICULAR CASE, THERE ARE VERY SPECIFIC RULES ABOUT, UM, WHAT CAN HAPPEN WHEN THE DEVELOPMENT GROUP BINDS AGAINST YOU IN YOUR APPEAL TO THE BOARD ADJUSTMENT.
AND IT ACTUALLY SPECIFICALLY SAYS WHEN THAT OCCURS, THE BOARD OF ADJUSTMENT SHOULD ONLY CONSIDER WHETHER THERE WAS AN ERROR MADE IN THE JUDGMENT.
UM, AND HISTORICALLY, THE PRESUMPTION ON THE CASE OF MISS PEOPLE IN THE NEIGHBORHOOD IS THAT THERE ARE NO ROOMS FOR JUST ASKING FOR VARIANCE TO GET THEM.
WELL, I'M SORRY, I NEED TO SAY, IS THAT IN THE TEXT OF THE
I JUST WANNA, IF THAT'S, I'M ASKING STAFF NOT ON YOUR TIME.
IF THAT'S TRUE, WE, WE WOULD BE BOUND BY THAT STANDARD.
IF THAT'S A TRUMP IN QUESTION.
AND, AND MAY I, IT IT, SO IT SAYS, UH, IN APPEALS FOUR D IN CONSIDERING THE APPEAL, THE SOLE ISSUE BEFORE THE BOARD OF ADJUSTMENT, WHETHER THE DIRECTOR AIRED IN THE DECISION.
SO IT'S KIND OF INTERESTING TO ME THAT THE, AND THE REASON I'M ASKING IS, IS BOARD OF ADJUSTMENTS JOB IS PRESCRIBED IN THE CITY CODE AS AUTHORIZED IN THE STATE CONSTITUTION? UH, SO, YOU KNOW, YES, IT IS AN APPEAL IF YOU COME BEFORE US, EVERYTHING BEFORE US SUSAN AND PETER.
ARE, ARE YOU READING FROM, FROM THE, I I WAS LITERALLY READING FROM THE CONSERVATION DISTRICT, UH, CODE.
SO NOBODY HAS GIVEN US A TEXT OF,
[03:25:01]
OF, OF THE CODE.SO WE'RE WE'RE FLYING BY, OH, SORRY.
AND, AND SO, BUT WE'RE, BUT MY SUGGESTION WAS GONNA BE AS, UM, WHAT I WAS GONNA SUGGEST IS AS A FORMER PRESIDENT OF THE HOMEWORK ASSOCIATION, SOMEONE WHO SORT OF PAID ATTENTION TO THIS, I'VE BEEN RESPONSIBLE FOR ENFORCEMENT.
MOST PEOPLE WOULD FIND ME TO HAVE BEEN MORE PERSNICKETY THAN MANY.
UM, I THINK IT'S IMPORTANT FOR OUR NEIGHBORHOOD THAT WE FOLLOW THE RULES.
IN THIS PARTICULAR INSTANCE, UM, I ACTUALLY THINK THE DECISION IS AN ERROR.
AND YOU SHOULD ALLOW THE REMAINDER OF THE WALL.
I MEAN, LITERALLY THIS, THE PIECE THAT EXTENDS FROM ITS HOUSE IS GRANDFATHERED ACCORDING TO THE CODE.
AND THE CODE SAYS YOU CAN REBUILD, RENOVATE EVEN IN LARGE, AS LONG AS IT DOESN'T MAKE A NON-CONFORMING STRUCTURE.
IN THIS INSTANCE, HE TOOK AN AREA THAT WAS ALREADY COVERED AND HAD A WALL AND MOVED THE WALL OUT TO THE EDGE.
HE DIDN'T ADD TO THE NON-CONFORMITY OF THE STRUCTURE.
AND IN FACT, THE DEFINITION OF FLOOR AREA SPACE IN OUR NEIGHBORHOOD IS COVERED.
SO HE DOESN'T CHANGE THE SQUARE FOOTAGE OF HOUSE, HE DOESN'T CHANGE THE AMOUNT OF BROWN COVERED BY THE NON-CONFORMING STRUCTURE.
HE LITERALLY MOVED A WALL INSIDE THE NON-CONFORMING STRUCTURE TO THE OUTSIDE.
SO IN THE THEREBY EXPANDING THE, NOT THE SQUARE FOOTAGE, NOT ACCORDING TO THE DEFINITION OF SQUARE FOOTAGE IN THE CODE FOR OUR CONSERVATION DISTRICT.
WELL, I SURE WISH I COULD SEE THAT DOCUMENT.
YOU CAN, IF YOU PUT IT ON SCREEN BECAUSE IT'S ON THE WEBSITE, I'M NOT ALLOWED TO GO.
THEY DON'T LET US GO DO, CAN WE SUBMIT THAT OR CAN I, OR JUST FOR WHAT IT'S WORTH, I HEREBY AFFIRM IF I CAN, AS THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION AND THE GUY WHO SPENT A LOT OF TIME DOING THIS, WE BELIEVE, AND I DOUBLE CHECKED IT AGAIN WITH THE GUY WHOSE TITLE IS VICE PRESIDENT OF RESTRICTIONS.
AND HE'S BEEN DOING THAT FOR NINE YEARS, THAT THIS WOULDN'T EXPAND HOW HE WOULD DEFINE LOWER AREA RATIO OR COVERAGE FOR THIS HOUSE.
IF YOU GRANT A VARIANCE, YOU'LL BE DOING THE RIGHT THING FOR THE WRONG REASON, THEN IT WILL HAVE THIS BIG IMPACT.
BUT WE KNOW BUILDERS WHO COME IN AND THEY SAY, WE'LL JUST GET A VARIANCE FOR THAT.
AND WE SAY, WE DON'T THINK YOU WILL.
IT SAYS YOU HAVE TO LIKE FOLLOW THE RULES.
IN THIS CASE, YOU ACTUALLY CAN SOLVE THIS HOMEOWNER'S ISSUE BY STARING AT AND GOING.
THERE'S NO EXPANSION TO THE NON-CONFORMITY OF THE STRUCTURE.
IT DOESN'T EXPAND THE AMOUNT OF SPACE THE STRUCTURE'S IN.
AND I'M TELLING THERE'S A GUY WHO'S GENERALLY RESPONSIBLE FOR ENFORCING THIS STUFF.
IT DOESN'T, I HAVE NEVER MET GENTLEMEN FOR TODAY.
I HAVE NO PARTICULAR REASON TO TAKE HIS SIDE PERSONALLY.
IN FACT, I SHOWED UP IN OPPOSITION 'CAUSE I'M LIKE, BOY, VARIANCES ARE REALLY BAD FOR OUR NEIGHBORHOOD.
WE'VE BEEN REALLY THOUGHTFUL ABOUT SETTING ALL THIS UP.
IF YOU LOOK AT THE FACT PATTERN HERE, IT DOES NOT REQUIRE A VARIANCE.
IT REQUIRES A DECISION THAT THAT EXTENSION, THE MOVEMENT OF THAT WALL DOESN'T ADD FLOOR ERROR RATIO, DOESN'T CHANGE THE DEGREE OF NON-CONFORMITY.
AND EVEN IF REASONABLE PEOPLE COULD DISAGREE OVER WHETHER IT MAKES A NON-CONFORMING STRUCTURE MORE NON-CONFORMING, IT'S KIND OF EASY TO LOOK AT IT AND GO, YOU LOOK AT THIS THING FROM THE SIDE, NOTHING LOOKS DIFFERENT.
THE WALL WAS THERE, THE WHITE WALL WAS THERE, IT WAS ALREADY IN THE SIDE LOT LINE.
SO MY RECOMMENDATION, MY REQUEST WAS PLEASE DON'T GRANT THE VARIANCE AND OPEN UP THAT CAN OF WORMS FOR US.
BUT IN THIS PARTICULAR CASE, WHILE I WOULD NORMALLY TELL YOU THE CB RULES WERE IN PLACE A DECADE BEFORE YOU MOVED IN, WHEN YOU BOUGHT YOUR HOUSE, YOU ARE SUPPOSED TO KNOW THE RULES.
WE MIGHT HAVE DISAGREED WITH WHETHER HE SHOULD HAVE DONE IT.
TECHNICALLY, I DON'T SEE THE PROBLEM.
LIKE LEGALLY YOU DIDN'T EXPAND THE SQUARE FOOTAGE OF THE HOUSE.
YOU DIDN'T MAKE A NON-CONFORMING STRUCTURE, MORE NON-CONFORMING.
THAT'S THE REQUIREMENT I THINK YOU SHOULD DECIDE.
I UNDERSTAND WHAT YOU'RE SAYING WITHOUT HAVING ACTUALLY HAD THE CHANCE TO READ THE DEFINITIONS.
WE DO HAVE, UH, MR. BROWN AVAILABLE HERE AREA.
SO MAYBE I'LL JUST LEAVE IT VERY OPEN-ENDED.
WOULD YOU SPEAK TO, UH, TO THE, TO THE ISSUE, ALL OF IT? WELL, UH, TO ADDRESS SORT OF THE POINT THAT, UH, WAS MADE FIRST ABOUT, UM, THE APPEAL AND WHETHER THIS IS AN APPEAL.
UH, THAT PARTICULAR SECTION OF THE ORDINANCE DEALS WITH, UH, UH, ADMINISTRATIVE OFFICIAL APPEAL, MEANING WE DENIED HIM BECAUSE WE FELT LIKE WHAT WAS PROPOSED DID NOT MEET THE ORDINANCE AND THEREFORE THEY COME TO YOU, UH, THE BOARD
[03:30:01]
TO APPEAL OUR DECISION SAYING THAT WE MADE THE WRONG CALL HERE.UM, YOU KNOW, TO ADDRESS THE, UH, EXISTING STRUCTURE, YOU KNOW, UH, FROM, FROM WHAT WE COULD SEE, EVEN THOUGH THAT I GUESS THE, THE WALL WAS THERE, UM, YOU KNOW, I DO DID HAVE A QUESTION AS TO WHETHER OR NOT THAT WAS A, A ROOFED STRUCTURE, UH, THERE, OR IF IT WAS JUST A TRELLIS ABOVE THE, THE, UH, OUTSIDE OF THE EXISTING BUILDING THERE.
BUT TO, TO ADDRESS, UH, THE STRUCTURE NOT BECOMING MORE NON-CONFORMING.
AS SOON AS THE HOMEOWNER RAISED THE HEIGHT OF THAT AREA, THE THE FOOT OR SO, AND THEN EXPANDED THAT ROOF INTO THE EXISTING SETBACK, IT BECAME MORE NON-CONFORMING TO THE SETBACK.
IT DOESN'T MEAN THAT THE FOOTPRINT NECESSARILY CHANGED.
I COULD HAVE A ONE STORY HOUSE AND A SETBACK AND ADD A SECOND STORY.
AND BY THAT LOGIC, I DID NOT MAKE IT MORE NON-CONFORMING EXCEPT FOR THE FACT THAT YOU DID GO UP IN AN AREA THAT YOU WERE NOT SUPPOSED TO.
SO I'M NOT SURE IF THAT HELPS ADDRESS, UH, THE CONCERNS THAT WERE MADE THERE.
UM, I SUPPOSE THE, THE CORRECT WAY TO APPROACH THIS TO ASK OUR CITY ATTORNEY, DOES THE CITY HAVE A, A WELL-DEFINED, BE IT LITIGATED OR WHATEVER DEFINITION OF WHAT IT MEANS TO EXPAND A NON-CONFORMING USE? IS THIS A QUESTION YOU'D LIKE US TO, TO DETERMINE OR IS THERE SOMETHING THAT HAS BEEN DECIDED, AND I SUPPOSE I, LET ME, LET ME JUST GO AHEAD AND, AND POSE THE NEXT QUESTION, UH, WHICH IS, UH, YOU GUYS FLAGGED THIS AT SOME POINT, RIGHT? SO A COMPLAINT CAME IN THROUGH THE SYSTEM IN 2021.
SO SOMEBODY EVALUATED IT AND DECIDED IN THEIR OPINION THAT THAT, THAT A NON-CONFORMING USE WAS ENLARGED.
AND THAT'S WHY THE, WELL, SO YOU'RE SAYING NON-CONFORMING USE AND IT'S NOT A NON-CONFORMING USE.
IT'S A NON-CONFORMING STRUCTURE.
WHICH ARE, WHICH ARE SEPARATE THINGS.
THE COMPLAINT, THE COMPLAINT CAME IN AS A, UH, WORK GOING ON WITHOUT CD APPROVAL AND BUILDING PERMITS.
SO ONCE, UH, THE COMPLAINT CAME IN AND WE VERIFIED IT, UH, THE HOMEOWNERS SUBMITTED AN APPLICATION AT WHICH TIME, UH, THE PLANS REVIEWER, UH, DETERMINED THAT HE WAS TAKING A, HE WAS EXPANDING A NON-CONFORMING, UH, IN AN AREA THAT WAS WITHIN THE 20 FOOT SIDE YARD SETBACK.
SO WHAT DEFINITION DO YOU GUYS USE, UH, WHEN YOU DETERMINE WHETHER A NON-CONFORMING STRUCTURE IS BEING EXPANDED? WHAT DEFINITION DO YOU USE? WHAT STANDARD? WHAT LITMUS TEST? WHAT? WELL, SO AGAIN, UH, YOU KNOW, I'LL, I'LL SORT OF USE MY EXAMPLE THAT I, I SAID PREVIOUSLY, LET'S SAY THAT, UM, THE HOMEOWNER WANTED TO TAKE THAT, THAT ONE STORY STRUCTURE THERE THAT'S WITHIN THE SETBACK, SAME FOOTPRINT AND EVERYTHING, AND GO UP WITHIN THE SETBACK THAT IS MAKING A AREA THAT IS NON-CONFORMING TO THE SETBACKS, MORE NON-CONFORMING BECAUSE NOW WE ARE BUILT CONTINUING TO BUILD UP WITHIN THAT AREA.
SO, SO YOU'RE ACTUALLY MAKING A VOLUME CALCULATION, NOT JUST AN AREA, YOU'RE MAKING A THREE DIMENSIONAL CALCULATION.
IS THAT WHAT YOU MEAN? THAT'S BY, THAT'S SURE.
SO LET, UH, HOLD MORE PING PONG BALLS.
WELL, IT'S THE SAME THING THAT HAPPENS ON A, A GARAGE WHEN SOMEBODY WANTS TO, TO BUILD A SECOND STORY AND WE DON'T LET THEM BUILD WITHIN THAT REQUIRED SETBACK, EVEN THOUGH THE EXISTING STRUCTURE ALREADY SITS WITHIN IT.
UH, I MEAN THAT'S ACCEPTED, UH, CITYWIDE IN TERMS OF YOU DON'T GET TO BUILD NEW ANYTHING IN A SETBACK.
SO, UH, THE FACT THAT HE EXTENDED THAT ROOF UP, YOU KNOW, THE TOP PLATE WENT UP, UH, FOR MY ESTIMATION AT LEAST A FOOT.
AND THEN WE EXPANDED THAT ROOF FURTHER UP, THE EXISTING, UH, REAR SLOPE OF THE EXISTING ROOF, ALL OF THAT WITHIN THE 20 FOOT SIDE YARD SETBACK.
SO WE'RE NOT TALKING ABOUT FOOTPRINTS HERE.
[03:35:01]
VOLUME.THE THING THAT TRIGGERS IT IN YOUR MIND IS, IS ESSENTIALLY THE ROOF BEING RAISED, TRYING TO GET MY HEAD AROUND AND, AND I'M NOT EVEN, AND WE ALSO, SORRY TO INTERRUPT.
WE ALSO HAVE NO, I'M THAT, THAT, THAT, THAT, UH, AREA WAS ACTUALLY UNDER ROOF FROM, FROM UNDER THAT WE COULD PUT OUR HANDS ON.
THAT APPEARED TO BE OPEN TRELLIS AND MAYBE THE HOMEOWNER CAN SPEAK TO WHETHER THAT WAS ACTUALLY ROOFED, UH, PATIO.
INTERESTING QUESTION THAT I THINK ULTIMATELY TO THE BOARD, BUT WE'RE ABOUT TO LOSE MR. SA, WE CAN CONTINUE WITH A QUORUM, OBVIOUSLY THAT WOULD MEAN THE APPLICANT HAS TO GET FOUR OUT OF FOUR AND NOT FOUR OUT OF FIVE.
UM,
IS THIS CONSIDERED TWO FRONT YARDS? 'CAUSE IT'S ON THE CORNER.
NO, WE, WE, NO, BECAUSE IT'S BECAUSE OF THE WAY THEY, UH, FOUND FRONT.
THIS IS WHAT I LEARNED IN THE, IN THE BRIEFING THIS MORNING.
UM, IF WE DO THAT, WE OUGHT TO AT LEAST TRY TO SPELL OUT WHAT NEW INFORMATION WE GOT.
BUT ROGER'S GONNA LEAVE IN THE NEXT FIVE MINUTES.
SO PANEL, YOU WANNA HEAR IT PANEL? SO IF THERE IS A MOTION TO, UM, TO HOLD IT OVER, I'D SAY MAKE IT NOW.
OTHERWISE WE JUST KNOW WE'RE GONNA LOSE MR. SINGTON AND DEFENDANT I WOULD BE IN FAVOR OF
I I'M JUST, I'M GONNA MAKE THE ASSUMPTION THAT THE APPLICANT WOULD PREFER TO HAVE FIVE VOTES, MEANING FOUR NO MATTER WHAT.
MEANING FOUR OUT OF FIVE AS OPPOSED TO FOUR OUT FOUR.
YEAH, WE'RE GONNA LOSE A MEMBER.
DO YOU THINK THEY'RE NOT GONNA MUCH? I DUNNO.
I LIKE HEAR, I THOUGHT I WAS BEING GENEROUS TO MYSELF AND WHEN I SAID FIVE I'M HAPPY TO CALL YOU
UM, OKAY THEN, THEN YEAH, JUST TO, I MAY, JUST TO CONCLUDE FOR ME, LIKE DO I THINK I APOLOGIZE JUST TO, TO COMPLETE FOR ME AND FOR MY PRESENCE HERE OVER THE REQUEST ASSOCIATION COURSE MEMBER MEMBER, UM, THIS IS CLEARLY TRICKY.
I DID THE SAME KIND OF THINKING ABOUT WHAT EXACTLY WHAT IS IT THAT WE THINK HAS HAPPENED HERE.
UM, AND I WOULD ASSURE YOU I WOULD BE AMONG THE FIRST TO BOTH FIND AND USE SOMETHING SPECIFIC IF I THOUGHT IT WAS JUST THE VIABLE AND CLEAR THIS QUESTION VOLUME, MY WORD.
BUT I, BUT ACTUALLY, BUT I THINK THE RIGHT ANALYSIS, IN OTHER WORDS, THE POSES TALK ABOUT FOR FOOTAGE, COVERAGE LOT AREA SETBACK, TIGHT LOOMING LINE, THE CHANGES MADE TO THIS NONCONFORMING STRUCTURE.
DO NOT, WHEN YOU GET LOOK AT IT BEFOREHAND, LOOK AT IT AFTERWARDS.
IF THE THINGS THAT WE WOULD APPLY TO THE THING THAT WAS NONCONFORMING CHANGE ANY OF THOSE, IT ADDS VOLUME.
THE EXAMPLE GIVEN BY, UH, MR. NOAH WITH THE CITY, I THINK WOULD BE APPROPRIATE IF HE ADDED ANOTHER STORY.
THAT'S A THING WE ALL UNDERSTAND.
IT HAS SQUARE FOOTAGE, IT HAS A DEFINITION.
IT ACTUALLY DOESN'T IT, IT, IT, IT ACTUALLY, IT MAY IN THE, IN YOUR CITY IT'S VERY SPECIFICALLY IN THIS CONSERVATION DISTRICT.
YOU CAN BUILD A TWO STORY HOME OR ONE STORY HOME IN ONLY CERTAIN AREA.
YOU CAN'T BUILD A THREE STORY HOME.
UM, ONE OF THE ISSUES WE HAVE IS WHEN PEOPLE BUILD A THIRD STORY THAT'S EMPTY BUT WITH STAIRS LEADING UP AND THEN THEY FINISH AND THAT CAN GET DONE, THEN WE HAVE PEOPLE FILLING THEM IN.
SO WE'VE SEEN ALL THE WAYS AROUND THE DEFINITION.
THIS ONE, I'M STILL STARING AT IT GOING AS MUCH AS I WANT TO GET EVERYBODY TO HAVE THESE NON-CONFORMING STRUCTURES BACK TO WHAT WE WANT THE NEIGHBORHOOD TO BE.
IN THIS PARTICULAR INSTANCE, AS MUCH AS I WISH THE PERMIT HAD BEEN GOTTEN IN THE FIRST PLACE, I WOULD STILL SAY THE DEFINITE, THERE'S NO REASON TO SAY THIS MADE IT MORE NON-CONFORMING OTHER THAN IT DOESN'T FEEL RIGHT.
[03:40:01]
I HAVE NO PLACE TO LOOK.HE DID NOT EXPAND THE COVERED AREA.
HE DID NOT EXPAND THE SQUARE FOOTAGE.
HE DID NOT EXTEND THAT WALL OUT CLOSER TO THE STREET.
UM, HE CHANGED THE CONTOUR OF A ROOF, WHICH IS A LITTLE TRICKY 'CAUSE HE COULD HAVE LEFT IT FLAT AND MADE IT THIS.
UM, AND IT WOULD BE PERS THEN TO GO THAT LOOKS LIKE EXTRA VOLUME, BUT I DON'T HAVE A VOLUME CRITERIA.
SO, UM, MY LAST COMMENT WOULD JUST BE FOR ALL THESE REASONS, IT, IT'S ALMOST UNNECESSARILY PERNICKETY TO SAY THIS MADE A NON-CONFORMING STRUCTURE MORE NON-CONFORMING.
AND I DON'T HAVE CLEAR REASONS TO SAY THAT.
AND ON THE OTHER HAND, I DO NOT THINK THAT THIS RISES ANYWHERE NEAR THE REQUIREMENTS OF AN ACTUAL VARIANCE.
THE VARIANCE IS THE THING THAT THE CODE SAYS YOU ALL SHOULD BE SUPER CAREFUL IN THE CONSERVATION DISTRICT OF GRANTING.
THERE'S NOTHING ABOUT HIS LOT SIZE SLOPE DEVELOPMENT RESTRICTIONS, ANYTHING GOING ON HERE.
HE WANTED TO MOVE A WALL TO CREATE MORE INSIDE SPACE, BUT IT WAS ALREADY SPACE OF FINE BY IT OUTSIDE SPACE AS PART OF THE COVERAGE.
SO THAT MY COMMENT, I'LL ADMIT THIS IS A NEW ONE.
WE'RE, WE'RE STILL, UH, ARE THERE FURTHER QUESTIONS FOR THE OPPOSITION OR, AND ARE THERE QUESTIONS? LEMME JUST, AND ARE THERE QUESTIONS FOR MR. BROWN? MR. BROWN? I JUST, SO DOES THAT CONCLUDE THE OPPOSITION? IT DOESN'T ONE ADDITIONAL THING.
THE PERSON WHO IS YOUR RESTRICTION TO OUT OF TOWN WHO'S WATCHING
SO EVEN IF IT HAD BEEN A TRELLIS, WHICH I THINK YOU SAID IT WASN'T BECAUSE IT WAS A SOLID, SOLID WOOD, UH, STRUCTURE THAT WAS STRUCTURALLY BUILT INTO THE FRAME OF THE HOUSE, YOU SIT ON IT, YOU DIDN'T GET WET.
SO IT WAS COVERED TO ME THEN HE DIDN'T HAVE IT.
SO THAT WAS, I HAVE NO OTHER COMMENT.
UH, VICE JA, I HAVE A QUESTION FOR MR. LOCKHART.
YOU SEEM TO INDICATE THAT THE APPROPRIATE CONSIDERATION FOR THIS CONSERVATION DISTRICT WAS TO FIND THAT THE DENIAL OF THE REQUEST OF THE CONSERVATION DISTRICT WAS IN ERROR.
DID I UNDERSTAND THAT CORRECTLY? CORRECT.
IN OTHER WORDS, WAS THERE A REQUEST MADE HERE TO THE CONSERVATION DISTRICT THAT DENIED THE REQUEST? BUT ACTUALLY I DON'T UNDERSTAND YOUR QUESTION.
WAS THERE YOU DO NOT HAVE A MOTION BEFORE YOU, I BELIEVE SURE.
MY QUESTION IS, YOU SEEM TO SAY, HEY, YOU SHOULDN'T DO THIS VIA A VARIANCE.
THAT'D BE BAD FOR OUR CONSERVATION DISTRICT.
WE'RE LIMITED ON OUR CONSERVATION DISTRICT TO THE APPEAL BEING ESSENTIALLY THE WHOEVER RULED ON IT REALLY SCREWED UP AND GOT IT WRONG, WHICH IN THIS CASE YOU BELIEVE WOULD BE RIGHT.
WHO MADE THAT DETERMINATION OR WHOSE APPEAL ARE YOU SUGGESTING WE SHOULD BE TAKING FROM TO GIVE YOU WHAT YOU WANT AND HIM WHAT HE WANTS? UH, SO JUST SO THAT I CAN, UM, I, I'VE WORKED WITH THE PEOPLE OVER THE LAST 15 YEARS IN THE CONSERVATION DISTRICT IN THAT DEPARTMENT.
I DO NOT THINK THAT WE ARE ALL FINDING THAT ANYONE MASSIVELY SCREWED UP.
AND I DON'T WANT TO ACCEPT THAT LANGUAGE.
I JUST WANNA SAY THIS IS A TRICKY OFF THE RUN ISSUE.
IT TOOK A, IT TAKES A LOT OF THINKING ABOUT THE SPECIFICS AND THEN KIND OF WHAT YOU'RE REALLY TRYING TO ACHIEVE HERE.
I THINK IN THIS CASE, IF THE BOARD WERE TO BE CONSIDERING THIS ISSUE AND HAD A REQUEST FOR A VARIANCE, I WOULD, SO THE BOARD DOES HAVE A REQUEST FOR A VARIANCE.
THAT'S WHAT IS BEFORE THE BOARD TODAY.
THAT'S WHAT IS YOUR VOTING FOR.
THIS IS NOT AN ADMINISTRATIVE OFFICIAL APPEAL.
THIS IS NOT A BUILDING OFFICIAL APPEAL.
THIS IS A REQUEST FOR A VARIANCE.
SO THAT'S WHAT'S BEFORE YOU GUYS, THAT'S THE MOTION THAT YOU GUYS HAVE DRAFTED.
AND WELL, THE MOTION IS DRAFTED, BUT NO, WE DON'T, WE DON'T, IT HASN'T BEEN MADE YET.
SO, AND THEN MY, SO MY AS, I'VE NEVER BEEN TO THIS, AND BY THE WAY, I'M SORRY TO KEEP YOU HERE, BUT I WILL, FOR MY PART, JUST SAY THANK YOU FOR ALL THE WORK AND TIME YOU'VE PUT INTO THIS AND THE THOUGHTFULNESS OF IT.
LIKE, I, I GOT TO SPEND ALL THIS TIME WORKING FOR THE HOMEWORK ASSOCIATION.
YOU GUYS ARE BEING THOUGHTFUL AND PUTTING YOUR TIME, AND YOU'RE HERE AFTER FIVE AND THAT'S AWESOME.
IN WATCHING YOU DO YOUR JOB, IT APPEARED TO ME THAT THERE ARE MEMBERS WHO COULD DECIDE TO MAKE MOTIONS FOR CONSIDERATION BY THE PORT OF THE GOVERNOR.
AND I WAS PRESUMING AS I WAS WATCHING THIS, THAT YOU COULD SIMULTANEOUSLY VOTE ON THE MOTION FOR A VARIANCE AND VOTE NO.
[03:45:01]
COULD RAISE A MOTION TO SUGGEST THIS DECISION NOW THAT WE'VE REVIEWED IT WAS MADE IN ERROR GIVEN HOW WE INTERPRET THE STATUTE AND THE FACTS.SO WHAT WOULD HAVE TO, IT, IT'S, UH, IT'S ACTUALLY A LOT CLOSER TO LITIGATION.
UH, IT WOULD, IT WOULD OPERATE AS TWO SEPARATE CASES.
SO REGARDLESS OF HOW WE VOTE, SOMEBODY PROBABLY THE, THE APPLICANT WOULD, WOULD THEN FILE, UH, UH, PETITION TO THE BOARD TO OVERTURN THE ADMINISTRATIVE DECISION.
BUT WE CAN'T DO THEM BOTH TODAY BECAUSE, UH, UH, A REQUEST HAS TO BE NOTICED AND PUT ON THE AGENDA AND BRIEFED AND, AND THE ISSUE BEFORE US IS THE VARIANCE.
THAT DOESN'T NEGATE ANY, ANYTHING YOU'RE INTENDING TO GET TO.
I THINK MY, MY FELLOW HOMEOWNER AND I PART ON THIS ISSUE AND I RECOGNIZE IT, WHICH IS I WOULD PREFER THAT YOU VOTE NO ON A VARIANCE.
UH, BECAUSE I THINK THE LEVEL, THE, THE LEVEL REQUIRED TO GRANT A VARIANCE IN THIS NEIGHBORHOOD IN THE TERMS OF THE CONSERVATION DISTRICT ITSELF ARE VERY HIGH.
OTHERWISE COME BACK AND SAY, HERE'S THE WAY TO MAKE THIS DECISION.
BUT I THINK OBVIOUSLY HE, HE HAS A DIFFERENT VIEW.
YOU HAVE TO, OPPOSITION HAS TO SAY, I'M FINISHED.
NOW, MAY, BEFORE YOU HELP ME UNDERSTAND HOW NOT BEING IN, IN A, I DON'T, UH, OWN A HOUSE IN A CONSERVATION DISTRICT, IS THERE ANY WAY A CONSERVATION DISTRICT COULD CHANGE THE STANDARD BY WHICH THE BOARD OF ADJUSTMENT OPERATES BOARD OF ADJUSTMENT BEING AUTHORIZED BY THE STATE OF TEXAS AS FAR AS THE VARIANCE STANDARDS? MM-HMM.
COULD A, COULD A CONSERVATION.
IF, IF YOU WANNA DO SOMETHING, YOU'RE A MEMBER OF A CONSERVATION DISTRICT, DO YOU BY LAW FIRST GO TO THE CONSERVATION DISTRICT BOARD? SO, SOME, AND TREVOR COULD PROBABLY SPEAK MORE TO THIS, BUT FROM MY UNDERSTANDING, MOST WORK THAT'S DONE WITHIN THE CONSERVATION DISTRICT HAS TO GO BEFORE A CONSERVATION REVIEW.
AND FROM MY UNDERSTANDING, I DON'T THINK THAT WAS DONE.
AND IS THAT AT THE CITY OR AT THE BOARD LEVEL? IT'S, IT'S THE CITY LEVEL HERE.
AND SO WHEN THE GUY WAS SPEAKING ABOUT THE, UM, THE WHOLE A OP PROCESS, SO IF SAY FOR INSTANCE, THE APPLICANT AND TREVOR, LET ME KNOW IF I'M SPEAKING CORRECTLY, IF THE APPLICANT HAD FOLLOWED THE NECESSARY STEPS TO MOVE FORWARD WITH THIS PROCESS, HE WOULD'VE FIRST GONE THROUGH A CD REVIEW.
IF TREVOR'S TEAM HAD DENIED THEIR REVIEW, THEN THAT'S WHEN THEOR APPEAL COMES INTO CONSIDERATION.
BUT BEFORE TODAY IS A VARIANCE REQUEST AND I'LL LET TREVOR YEAH.
EXPLAIN IF I DIDN'T EXPLAIN IT CLEARLY OR CORRECTLY.
YOU RIGHT THERE? I DID, I DID.
MAY I ASK SPEAK, DO THAT? WELL, YES.
OR YOU COULD LET MR. BROWN ANSWER.
I, I DID MAKE A CONSERVATION DISTRICT APPLICATION AS PART OF MY BUILDING PERMIT APPLICATION.
AND MY UNDERSTANDING IS THE REASON THE BUILDING PERMIT WAS NOT APPROVED WAS BECAUSE THE CONSERVATION DISTRICT WAS, WAS THE DEPARTMENT, UH, MAKING THE, DE MAKING THE INTERPRETATION THAT I WAS BUILDING IN THE SIDE YARD SETBACK.
THAT, THAT'S MY UNDERSTANDING OF WHY WE ENDED UP HERE.
AND I, AND I, I WANT, YOU KNOW, I'M, I LOVE MY NEIGHBORHOOD.
I LOVE THE CHA THE, THE PRESERVATION OF, OF THE NEIGHBORHOOD.
UM, SO I, I HAVE GREAT RESPECT FOR MY FELLOW NEIGHBORS CONCERNS ABOUT VARIANCES.
UM, I, I DON'T WANT A BUNCH OF NEW HOUSES APPROVED, APPROVED WITH, WITH LOTS OF VARIANCES.
I AM, AS YOU CONSIDER THIS, I'M REMODELING A 1940S, 1950S MINOR MO REMODELED TO A 1940S, 1950S HOUSE.
AND SO, UH, TO, TO ASSUME THAT, UH, UH, AN APPROVAL OF THIS VARIANCE MEANS THAT HOMES CAN BE TORN DOWN AND REBUILT WITH VARIANCE VARIANCES BEING APPROVED.
I THINK WE NEED TO BE, WE NEED TO UNDERSTAND THE SITUATION THAT, THAT I'M DEALING WITH HERE, WHICH IS REMODELING A HISTORIC HOUSE.
COULD, COULD YOU SO SHED THAT, WAS THERE AN APPLICATION MADE TO YOU GUYS? DID YOU DENY IT? MY UNDERSTANDING IS THAT YOU GOT A COMPLAINT AND THEREFORE INITIATED.
SO, SO THE COMPLAINT, UH, GOT THE HOMEOWNER TO SUBMIT AN APPLICATION.
SHORTLY AFTER, UH, WE, UH, VERIFIED THE, THE WORK WAS TAKING PLACE WITHOUT APPROVALS.
THERE WAS ONLY ONE SUBMITTAL AND COMMENTS WERE
[03:50:01]
PROVIDED THAT THESE, UH, THERE WERE ISSUES THAT NEEDED TO BE ADDRESSED AND NO FURTHER PLANS WERE RESUBMITTED FOR US TO REVIEW AGAIN.SO THERE WAS NO OPPORTUNITY TO, UH, DENY NOR DID THE APPLICANT, UH, EXPRESS, AS FAR AS I KNOW, A DESIRE FOR US TO DENY IT SO THAT HE COULD GO FOR AN APPEAL.
NO, I DON'T HEAR HIM ASKING US TO DENY IT.
I HEAR HIM MAKING AN APPEAL, BUT YEAH, SO HE, UH, HE DID, HE DIDN'T RESUBMIT TO US FOR DENIAL FOR NO, I, I UNDERST THAT TO BECOME THE, THE AVENUE.
SO, AND THIS, THIS IS A, MAYBE A QUESTION FOR YOU.
IF IT'S NOT, UH, TELLING YOU, DOES THE PROCESS, THE PERMITTING PROCESS, FROM THE STANDPOINT, IS IT DIFFERENT SIMPLY BECAUSE IT THERE'S A CONSERVATION DISTRICT, OR IS IT SIMPLY THAT A CONSERVATION DISTRICT HAS, AS A SET OF PEOPLE GOT TOGETHER AND VOLUNTARILY CREATED THEIR OWN SET OF RULES AND STANDARDS? ALLAH, DOES THE CITY'S ROLE IN THIS CHANGE LEGALLY? I'M NOT SURE IF I FOLLOW YOUR QUESTION EXACTLY, BUT, UH, IF IT WASN'T THE CONSERVATION DISTRICT, WOULD IT OPERATE ANY DIFFERENTLY? EXCEPT, EXCEPT THAT YOU'D BE APPLYING DIFFERENT RULES? ARE THERE, IS THERE ANYTHING THAT WOULD, WOULD AFFECT OUR, THE WAY THIS BOARD OPERATES OR WHAT WE CAN DO? I THINK THE ANSWER IS NO.
I THINK THE, THE CONSERVATION DISTRICT IS JUST A MORE RESTRICTIVE SET OF RULES.
I THINK THAT'S THE QUESTION YOU'RE ASKING.
AND A CONSERVATION DISTRICT IS SIMPLY AN AGREEMENT BETWEEN HOMEOWNERS, BLESSED BY THE CITY.
SO THE CONSERVATION DISTRICT WOULD HAVE MORE RESTRICTIVE SETBACKS.
WHICH IS WHAT'S BEING APPLIED HERE.
I UNDERSTAND THAT BY THE THING, WHICH IS WHY THEY'RE, I DO UNDERSTAND THAT VARIANCE IS NECESSARY.
I GET MAYBE THE ONLY ONE, A CONSERVATION DISTRICT IS THEN ENFORCED BY THE CITY, NOT PRIVATELY.
OTHERWISE, IT WOULD BE A CIVIL LAWSUIT AND WE WOULDN'T BE INVOLVED, AM I? THAT'S CORRECT.
HAVEN'T SEEN THE RULES OF THE CONSERVATION DISTRICT OR THE BYLAWS OR ANY, SO I, I DON'T KNOW IF I'M BEING, AM I BEING ASKED TO APPLY A DIFFERENT STANDARD BY THE BYLAWS OF THE CONSERVATION DISTRICT? NO.
IN THE PRESENTATION, WE GAVE YOU THE SETBACK REQUIREMENT THAT THE CITY DISTRICT REQUIRES.
SO THAT'S THE, THE STANDARD THAT NEEDS TO BE MADE.
THAT'S THE RULE THAT NEEDS TO BE MET.
THE STANDARD, THE VARIOUS STANDARDS.
BUT IT'S STANDARD THAT NEEDS TO BE MET.
SO CONSERVATION DISTRICT HAS DIFFERENT RULES THAN THE CITY IN GENERAL.
IT'S ENFORCED IN THE SAME WAY THAT A ZONING THAT THE CITY'S ZONING RULES ARE IN ENFORCE.
BOARD OF ADJUSTMENT HAS THE SAME SET OF STANDARDS THAT WE HAVE TO APPLY TO A REQUEST.
THAT DOESN'T CHANGE BY, THERE'S NO PRIVATE, THERE'S NO AGREEMENT THAT ANYBODY OUTSIDE OF THE CITY COUNCIL AND STATE LEGISLATURE COULD MAKE THAT WOULD CHANGE THE STANDARDS THAT WE'RE BOUND BY.
AND THEY'RE SET BY LAW, RIGHT? YEAH.
LIKE WE CAN'T, I MEAN, THE LEGISLATURE COULD CHANGE THE LAW, UNDERSTAND, UNDERSTAND MEAN THAT WOULD TRICKLE DOWN, BUT YEAH.
UM, OKAY, SO WE HAD LOST MR. SINGTON.
WE STILL HAVE A QUORUM, MR. SLATE.
SO THE FOLLOW UP QUESTION, THERE ARE THREE ELEMENTS THAT ARE STANDARD FOR VARIANCE, ONE OF WHICH ASKS US TO COMPARE THE PARCEL TO OTHER PARCELS OF LAND WITH THE SAME ZONING.
AM I CORRECT IN THE CONTEXT OF A CONSERVATION DISTRICT THAT IT LOOKS SOLELY TO THAT CONSERVATION DISTRICT? CORRECT.
HOW BIG IS THIS CONSERVATION DISTRICT IN TERMS OF NUMBER OF PROPERTIES? 300 HOMES.
UH, YOU STILL HAVE TIME? I DON'T KNOW WHETHER THERE ARE QUESTIONS.
WE'RE GONNA HAVE TO MAKE THE DECISION AS TO FOUR PEOPLE.
I, UM, I HAVE A QUESTION FOR THE APPLICANT.
UH, MS. GEORGIE, UM, OBVIOUSLY THE, THE THREE ITEMS THAT WE HAVE TO PROVIDE TO RULE IN YOUR PAPER IS THAT IT'S NOT CONTRARY TO THE PUBLIC INTEREST.
THAT IT'S NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.
UM, WHICH BASED ON MR. LOCKHART'S STATEMENTS,
[03:55:01]
I, I THINK EITHER WAY WE'RE, WE'RE GONNA BE OKAY.THE, THE QUESTION I HAVE IS THE MIDDLE ONE, WHICH IS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS OF LAND BY BEING OF SUCH A RESTRICTIVE AREA, SHAPE OR SLOPE THAT IT CANNOT BE DEVELOPED IN A MANNER COMMES WITH THE DEVELOPMENT UPON OTHER PARCELS OF LAND WITH THE SAME THING.
SO OBVIOUSLY, I WAS JUST ASKING THE QUESTION.
WE'RE TALKING ABOUT GREENWAY, OBVIOUSLY, YOUR, YOUR LOT IS, UH, IT'S NOT HEART SHAPED.
UM, SO CAN YOU GIVE US YOUR BEST SORT OF SET OF ARGUMENTS AROUND WHY WE SHOULD FIND REVIEW IN THAT COMPONENT OF IT, OR GO WITH EVERYTHING ELSE? I'M JUST, I'M, YOU KNOW, MY HONEST ANSWER IS I DON'T EVEN KNOW WHAT THAT MEANS IF I'M BEING PERFECTLY HONEST WITH YOU.
AND I'VE, AND I'VE WATCHED FIVE APPLICATIONS AND IT'S REINFORCED THE FACT THAT I DON'T HAVE ANY IDEA WHAT THAT MEANS.
SO I CAN'T REALLY ANSWER THE QUESTION.
IT IS ALSO BEING REINFORCED TO ME THAT, THAT IT'S, IT'S NOT A, THAT'S NOT BLACK AND WHITE, THAT'S FOR SURE.
THE QUESTION IS, WHAT'S DIFFERENT ABOUT YOUR PROPERTY RELATIVE TO ITS EQUALS THAT REQUIRES, WHAT, WHAT'S DIFFERENT? WHAT'S WHAT, WHAT IS SPECIAL THAT THAT, THAT THE CD DOESN'T REALLY ACCOUNT FOR WHEN IT COMES TO YOUR PRODUCT? IF, IF, IF SOMEBODY WAS TRYING TO EXTEND THE REAR OF THEIR HOUSE AND ADD ONTO THEIR HOUSE IN A MANNER THAT, AGAIN, IT'S THE EXISTING NATURE OF THAT EXTERIOR WALL AND, AND THE ROOF STRUCTURE THAT I THINK IS DIFFERENT ABOUT MY HOUSE THAN OTHER HOUSES THAT MAY COME IN AND WANT TO ADD A ROOM ONTO THEIR HOUSE IN A, IN A NEW SETBACK AREA, IF THAT SIDEWALL WASN'T THERE, I, WELL, I'M NOT HERE TODAY.
A DIFFERENT, A WHAT DO YOU THINK IT WOULD COST TO REMEDY? LIKE, IF, IF THE BOARD JUST SAID, NOPE, PUT IT BACK, HOW MUCH DO YOU THINK THAT WOULD COST? A LOT.
OF COURSE, MAYBE I CAN GET TO IT.
IF YOU HAD TO DO THAT, WOULD THAT NOT TRIGGER A REQUIREMENT TO COMPLY WITH SOMETHING ELSE THAT WOULD THEREFORE REQUIRE MORE RENOVATION? YEAH, I'M SORRY.
GIVE ME ONE SECOND TO TALK TO MY, LET ME READ THIS.
OKAY, GUYS, HERE'S MY, MY THOUGHT.
WE HAVE, THE STATE LEGISLATOR GAVE US THE RIGHT, NOT THE OBLIGATION IN VARIANCES TO USE, UH, A, A STANDARD THAT TALKS ABOUT FINANCIAL COST OF COMPLIANCE IS GREATER THAN 50% OF APPRAISED VALUE, ET CETERA.
IT GOES DOWN A, B, C, D, OR E AND E IS THE MUNICIPALITY CONSIDERS THE STRUCTURE TO BE A NON-CONFORMING STRUCTURE.
SO I THINK MY ATTORNEY IS TELLING ME AN AGREEMENT THAT, UH, THAT, THAT IT WOULD OKAY.
UNDER THE BOARD CONSIDER FORMER AS GROUNDS TO DETERMINE WHETHER COMPLIANCE WITH THE ORDINANCE AS APPLIED
[04:00:01]
TO A STRUCTURE IS A SUBJECT OF THE APPEAL WOULD RESULT IN UNNECESSARY HARDSHIP.SO THE BOARD, WE ARE ALLOWED TO CONSIDER FIVE MORE THINGS, ONE OF WHICH IS WHETHER THE MUNICIPALITY CONSIDERS STRUCTURE TO BE A NON-CONFORMING STRUCTURE.
IT DOESN'T REALLY TELL ME HOW I'M SUPPOSED TO USE THAT, BUT IT DOES.
SO I CAN OPINE ON HOW YOU'RE SUPPOSED TO USE THAT.
SO AS WE'VE GONE OVER THE STANDARD FOUR VARIANCE HAS THREE ELEMENTS.
ONE, THAT IT'S NOT CONTRARY TO A PUBLIC INTEREST.
SECONDLY, THAT IT'S A RESTRICTIVE AREA, SHAPE OR SLOPE.
AND THIRDLY, THAT THAT, UM, HARDSHIP, THE RESTRICTED AREA SHAPE OR SLOPE IS NOT GRANTED TO RELIEVE OF SELF-CREATED A PERSONAL HARDSHIP.
UH, THE STATE LEGISLATURE HAD CREATED HOUSE BILL 1475, WHICH GAVE US, UH, FIVE WAYS THAT YOU COULD SUBSTITUTE THE SECOND ELEMENT, WHICH IS THE RESTRICTIVE AREA SHAPE OR SLOPE, THAT IF YOU MEET THIS CRITERIA, THAT YOU CAN SAY THAT THAT ELEMENT HAS BEEN MET.
ONE OF THOSE IS, UH, AS VICE CHAIR AGNES ROFF E, WHICH IS THE MUNICIPALITY CONSIDERS THE STRUCTURE TO BE A NON-CONFORMING STRUCTURE.
SO IF THE MUNICIPALITY CONSIDERS THE STRUCTURE TO BE A NON-CONFORMING STRUCTURE, THE BOARD CAN AND THEIR DISCRETION CHOOSE TO USE THAT TO MEET THE REQUIREMENTS OF THE ELEMENT B, THE RESTRICTIVE AREA SHAPE OR SLOPE.
THEN YOU WOULD HAVE TO LOOK AT WHETHER IT WAS CONTRARY TO PUBLIC INTEREST AND WHETHER THE, UH, IT WAS RAN INTO RELIEVE A SELF CREATED OR PERSONAL HARDSHIP.
SO THE REASON I HESITATED IS THAT THAT SEEMS TO SAY THAT SIMPLY BY VIRTUE OF SOMETHING BEING A NON-CONFORMING STRUCTURE MEANS THAT I AS A MEMBER OF A PANEL, HAVE THE ABILITY TO THROW OUT THE HARDSHIP STANDARD AND SIMPLY SAY, YEP, IT'S NON-CONFORMING B IS CHECKED AND WE CAN MOVE ON.
IT'S IMPLYING THAT THE NON-CON, THE NON-CONFORMING STRUCTURE IS A HARDSHIP IS A HARDSHIP.
BUT IT ALSO DOESN'T TELL ME I HAVE TO USE THAT OR THAT I MUST, OR WHEN THIS IS WHAT IT GIVES ME THAT FULL DISCRETION.
IT GIVES YOU YOUR FULL DISCRETION.
SO IT'S IF YOU GUYS SO CHOOSE TO USE THAT, AND FURTHERMORE SAY THERE'S A MOTION MADE AND TWO OF YOU DECIDE THAT YOU LIKE THAT LOGIC AND YOU WANNA GO DOWN THAT PATH, AND TWO, YOU DECIDE THAT YOU DON'T LIKE THAT LOGIC AND YOU DON'T WANNA USE THAT PATH, YOU DON'T HAVE TO USE THAT.
YOU DON'T ALL HAVE TO BE IN AGREEMENT OF HOW YOU GET TO THE DESTINATION.
YOU JUST HAVE TO GET THERE FOR IF YOU DON'T AGREE, NOT GET THERE.
THE CITY DOES CONSIDER IT TO BE A NON-CONFORMING STRUCTURE.
SOMEHOW BEING IN A CONSERVATION DISTRICT DOESN'T CHANGE THE DEFINITION OR SOMETHING.
JUST MAKE SURE I'M NOT MISSING A TECHNICALITY, NOT FROM MY KNOWLEDGE.
AND TREVOR, UM, COULD PROBABLY CONFIRM ME.
WELL THEN THE BASIC QUESTION IS, DOES THE CITY CONSIDER IT TO BE A NON-CONFORMING STRUCTURE? I THINK THE ANSWER IS YES FROM EVERYTHING YOU'VE SAID.
A NON-CONFORMING STRUCTURE IS DEFINED, UH, BY THE CD 10 ORDINANCE AS A STRUCTURE THAT DOES NOT CONFORM TO THE REGULATIONS OTHER THAN THE USE REGULATIONS OF CHAPTER 51 A OR THIS ORDINANCE AS AMENDED.
BUT THAT WAS LAWFULLY CONSTRUCTED UNDER THE REGULATIONS IN FORCE AT THE TIME OF CONSTRUCTION.
ARE THERE OTHER QUESTIONS? IT'S KIND OF ALL RIGHT.
UH, I'LL THIS WOULD SOMEONE LIKE TO MAKE A MOTION? I'LL, I'LL, UH, I DO WANNA MAKE SURE I GET THAT
UM, I MOVED THE BOARD OF ADJUSTMENT THIS ADMIT I MOVE THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH OH TWO THREE ON APPLICATION OF JAMES ARCHIE GRANT, THE NINE FOOT SIX INCH VARIANCE SIDEBAR SETBACK REGULATION REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ALL
[04:05:01]
REQUIRED.MY MOTION, HERE'S THE THOUGHT.
I HAVE THE REPRESENTATIVE OF THE CONSERVATION DISTRICT TELLING ME THAT THE, THE DISTRICT'S LEADERSHIP IS ESSENTIALLY FOR ALLOWING THE PROJECT, UH, AND HE'S CONCERNED THAT SOMEBODY WOULD SEE THAT A VARIANCE GOT PASSED AND PEOPLE WOULD THINK, OKAY, I CAN GO DO THAT TOO.
AND, AND HE KNOWS THAT, THAT WE DON'T SET PRECEDENT, ET CETERA.
BUT, BUT, UH, SO I I, WHILE NOTING THE DISTINCTION HE'S MADE, I, I TREAT THE CONSERVATION DISTRICT BOARD AS IN FAVOR OF THE PROJECT, AND I GOT MY TECHNICALITY, BUT FRANKLY I HAVE NEVER USED, AND I DON'T FULLY UNDERSTAND, BUT IT ESSENTIALLY, UH, AS, AS A, A CITY ATTORNEY TOLD ME, IT ESSENTIALLY ALLOWS ME TO USE THE FACT THAT IT IS CONSIDERED TO BE NON-CONFORMING TO EQUAL HARDSHIP.
AND IF I CAN DO THAT, THAT'S HOW I GOT TO IT.
FRANKLY, IT'S RARE ENOUGH THAT A CONSERVATION DISTRICT BOARD IS FOR ANYTHING THAT SOMEBODY WANTS TO DO.
AND I HAVE A FAIR AMOUNT OF SPEC FOR THOSE BOARDS BECAUSE PEOPLE ARE VERY INVOLVED.
AND, UH, EVEN THOUGH NOWHERE ON MY STANDARD SHOULD, DOES IT SAY, WHAT DOES THE CONSERVATION DISTRICT BOARDS SAY THAT I GIVE IT WEIGHT? BECAUSE, 'CAUSE THOSE PEOPLE ARE SPENDING A LOT OF THEIR TIME DOING, BUT I, I, I'M NOT CERTAIN ON THIS ONE, A MOTION HAD TO BE MADE.
SO I MADE THIS SO I, UM, I COULD BE SWAYED.
I, I JUST, SOMEBODY HAD TO MAKE A MOTION AND MAKE, THAT'S IT.
UM, TREVOR WANTED TO POINT OUT THE DISTINCTION BETWEEN, UM, THE MAKE, MAKE THE COMMENT THAT THERE IS NO CD BOARD.
UH, I STAND CORRECTED, UH, FOR THE RECORD WHERE I SAID CONSERVATION DISTRICT BOARD, I MEANT HOA.
UH, THE, UH, WE HAVE A MOTION.
THE PUBLIC HEARING IS CLOSED UNLESS WE WANNA REOPEN IT.
UM, HOAS, THE ANYONE WHO'S BEEN INVOLVED IN ONE KNOWS THOSE.
THE PEOPLE ARE RABID, AND IF THEY AGREE TO SOMETHING AND THEY APPROVE IT, I PUT IT NICELY.
I'VE BEEN INVOLVED IN SEVERAL.
UM, IF THEY ARE NOT OPPOSED TO THIS AND IN FAVOR, I DON'T SEE WHAT THAT THERE'S AN ISSUE, MR. MILK AND MR. SLADE, UM, ONE, WHAT WE DO DOESN'T SET A PRECEDENT.
AND IF THERE'S A BUILDER THAT COMES INTO THE NEIGHBORHOOD THAT ATTEMPTS TO LEVERAGE A GRANDFATHERED IN EXTERIOR WALL, UH, TO, TO TRY TO BE, ITS FOR FOOTAGE POWER TO THEM FOR ATTEMPTING TO DO THAT, BECAUSE I'M ASSUMING THIS IS ONE OF, MAYBE ATMOS CAN HOLD
UM, SO GIVEN THE HOMEOWNERS ASSOCIATION'S LACK OF OBJECTION IN THIS PARTICULAR INSTANCE, THIS VERY SPECIFIC, UM, CIRCUMSTANCE, UM, I'LL BE VOTING IN FAVOR.
NO, I, I HAVE TO AGREE WITH ALL OF YOU.
UM, HAVING BEEN A PRESIDENT IN THE PAST MYSELF, YOU DON'T STRIKE ME AS THE RABBIT TYPE.
AND THAT'S WHAT I WAS GONNA SAY.
UM, I REALLY APPRECIATE THE STANCE OF THE, UM, THE HOMEOWNERS ASSOCIATION IN MAKING SURE THAT THIS REMAINS INTACT AS FAR AS THE ASSOCIATION'S STABILITY AND KEEPING THE ORGANIZATION'S STANDARDS TOGETHER.
UM, AND IT SOUNDS LIKE THEY DO NOT OBJECT TO WHAT HAS HAPPENED.
[04:10:01]
I FULLY SUPPORT THIS.I, I WOULD EVEN JUST SAY TO THE, TO THE GENTLEMAN WHO, WHO, WHO SPOKE, FIRST OF ALL, THANK YOU FOR COMING DOWN HERE AND FOR BEING AS THOUGHTFUL ABOUT, UH, THE WAY YOU APPROACH IT AND, AND YOUR, YOUR RATIONALE.
I, I, UH, UH, I, I KNOW THAT IT MAY SEEM LIKE A, I KNOW THAT IT IS NOT A DISTINCTION WITHOUT A DIFFERENCE.
I, I, UH, I APPRECIATE WHAT YOU'RE DOING AND, AND, UH, HOW YOU'RE DOING.
UM, I APPRECIATE THAT YOU SAT THROUGH A LOT OF TALK THAT DIDN'T RELATE TO YOU TO, TO BE, UM, UH, I, I HOPE THAT IT, IT HELPS YOU A A LITTLE BIT TO KNOW THAT, THAT IF, IF I WERE SEEING A CASE OR ANY OF US IN MY EXPERIENCE, OR TO SEE A CASE AND SIMPLY LOOK AND SAW SOMEBODY GRANTED A VARIANCE SOMEWHERE ELSE, THAT'S, THAT ISN'T GONNA MAKE COME UP WITH YOUR OWN WITTICISM PHRASE.
IT WON'T MATTER, UH, IN TERMS OF, OF, UH, HOW A BOARD EVALUATE THE CASE.
THEY DON'T CARE ABOUT THE APPLICANT.
THEY DON'T CARE ABOUT THE, THE HOA, THEY'RE GONNA CARE ABOUT THE CITY STAFF.
AND, UH, WE DO DIFFER FROM A COURT CERTAINLY IN THAT WAY.
UM, I DON'T WANT THE APPLICANT TO HAVE TO SPEND WHAT I ASSUME IS 50 TO A HUNDRED.
I MEAN, TO APPEAL A BUILDING OFFICIAL, UH, IS, IS A, IS A LITIG.
AND, UH, I THINK THAT'S AN UNDUE BURDEN TO ACCOMPLISH SOMETHING THAT I'M COMFORTABLE ACCOMPLISHING THIS WAY.
BUT I, BUT I DO KNOW, I UNDERSTAND THE DISTINCTION YOU'RE MAKING, AND I DON'T KNOW HOW YOU GO FORWARD IN DEFINING WHAT RIGHTS YOU DO HAVE AS A, AS A CONSERVATION DISTRICT VIS-A-VIS THE CITY'S INTERPRETATION.
UH, I, UH, YOU AND MR. BROWN NOW HAVE EACH OTHER'S NUMBERS.
UH, I, I WOULD LOVE TO SEE THAT CONVERSATION IRONED OUT SO THAT IF IT WAS SOMETHING LIKE SO, SO THAT SOMEBODY CAN POINT AND SAY, MR. AGNIS, LOOK, HERE IS THE CALCULATION OF EX WHAT IT MEANS TO EXPAND A NON-CONFORMING NEEDS PERIOD.
SO LONG WAY OF SAYING THANK YOU FOR YOUR TIME, EFFORT, CARE, AND GOOD FAITH AND FOR WAITING THROUGH ALL THE REST OF IT AND DEALING WITH US.
AND THAT I INCLUDES CITY STAFF, BY THE WAY.
I WANT THE, UM, APPLICANT TO KNOW THAT WHICHEVER WAY VOTED UPON TODAY, UM, THEY STILL HAVE TO GO THROUGH THE CD REVIEW PROCESS BEFORE GETTING THE ACTUAL BILL.
I ASSUME THAT MEANS SOMETHING TOO.
YOU STILL HAVE TO GET A PERMIT, RIGHT? EVERYTHING WE DO LEADS TO A PERMIT, BUT WE DON'T ACTUALLY ISSUE, OKAY, MS. WILLIAMS, MS. P*****K AYE.
MOTION PASSES 4 2 0 4 TO ZERO.
OKAY,