[Board of Adjustments: Panel B on March 20, 2024.]
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GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT.
UH, I'M MICHAEL KOWSKI AND I AM THE, UH, TEMPORARY PRESIDING OFFICER OF, UH, PANEL B OF THE BOARD OF ADJUSTMENT FOR TODAY.
TODAY IS WEDNESDAY, MARCH 20TH, 2024, AND IT IS 1:01 PM AND I HEREBY CALL THE MEETING OF BOARD OF ADJUSTMENT PANEL B TO ORDER FOR A PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH MEETING TO TODAY.
PRESENT IN THE ROOM, WE HAVE ME, MICHAEL KOWSKI.
WE HAVE SARAH LAMB AND JOE CANNON.
VIRTUALLY WE HAVE SHERRY GABO AND DEREK AL.
UH, AND THESE ARE ALL MEMBERS OF THE BOARD RIGHT HERE.
STAFF WHO ARE PRESENT ARE MATTHEW SAP, WHO IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKINS, OUR INTERIM BOARD ADMINISTRATOR, CHIEF PLANNER DIANA BAR, OUR DEVELOPMENT CODE SPECIALIST PROJECT COORDINATOR, AND CAMBRIA JORDAN, OUR SENIOR PLANNER.
UH, WE ALSO HAVE, UH, MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR, JASON
JASON POOL DEVELOPMENT SERVICES ADMINISTRATOR, NORTH NORA CASTANEDA, SENIOR PLANS EXAMINER.
WE'RE HERE IN A, I THINK TEMPORARILY LEFT, UH, THE ROOM BEFORE WE BEGIN.
UH, YEAH, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE ILLEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS OPPOSED SEVEN DAYS PRIOR TO PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION OR ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD'S SECRETARY WHEN YOUR CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE APPROVAL.
APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES IF NECESSARY TO MAINTAIN ORDER.
UH, FOR THE FIRST UH, ITEM, WE WILL, UH, ASK FOR A MOTION TO APPROVE THE MINUTES.
MS. I MOVE TO APPROVE THE MINUTES FROM THE LAST HEARING.
WE HAVE A MOTION AND A SECOND.
SO I WOULD JUST ASK FOR, UH, THOSE PLEASE VOTE FOR, UH, APPROVAL OF THE MINUTES.
I THAT MOTION PASSED AND NOW WE WILL, UM, I GUESS, DO WE HAVE ANYBODY SIGNED UP FOR, UH, PUBLIC COMMENTS? NOBODY REGISTER FOR PUBLIC SPEAKING.
WE'LL MOVE, MOVE ON TO THE FIRST CASE.
SO THE FIRST CASE WILL BE BDA 2 3 4 DASH 0 3 0 AT 43 20 BLACK HEALTH ROAD, BLACK HEATH ROAD.
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YES.AND PLEASE STATE YOUR NAME FOR THE RECORD AND, AND YOU NEED TO BE SWORN IN AS WELL.
AND OUR BOARD SECRETARY WILL SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
4 3 2 0 BLACKHEATH ROAD, DALLAS, TEXAS 7 5 2 2 7.
I, UM, AND APPLYING FOR AN ACCESSORY DWELLING UNIT ON MY PROPERTY, IT'S GONNA BE FROM MY MOTHER WHO CURRENTLY RESIDES IN OKLAHOMA.
SHE IS ELDERLY LIVING ON HER OWN, UM, AND NEEDS TO BE NEAR FAMILY, BUT WE NEED BOUNDARIES.
SO, UM,
WE, WE GOT, I ASSUME, DO YOU HAVE, ARE YOU HERE JUST TO ANSWER QUESTIONS OR DO YOU HAVE A PRESENTATION YOU WOULD LIKE TO GET? UH, I DON'T HAVE A PRESENTATION 'CAUSE ALL THE, ALL THE DATA THAT I GATHERED WAS IN MY APPLICATION.
BUT I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
MY, MY MY FIRST QUESTION IS, YOU KNOW, ONE OF YOUR, UH, NEIGHBORS DID SEND A LETTER OF OPPOSITION.
HAVE YOU, UH, SPOKEN, TAKE ANY TIME TO, TO SPEAK TO ANY OF THE NEIGHBORS OR HAVE ANYBODY REACHED OUT TO YOU? I HAVE SPOKEN TO NEIGHBORS ON MY IMMEDIATE STREET.
UM, MY UNDERSTANDING IS THAT, UH, THE NEIGHBOR THAT SENT THE OPPOSITION LETTER IS BEHIND, UH, ON THE OPPOSITE SIDE OF THE ALLEY.
THE STREET, I DUNNO HOW TO SAY IT, BUT THEY'RE BEHIND US IN THE ALLEY.
UM, SO I DIDN'T REALLY SPEAK TO ANY OF THOSE NEIGHBORS.
I WASN'T SURE THAT IT REALLY AFFECTED THEM ALL THAT MUCH.
UM, BUT MY UNDERSTANDING OF THE OPPOSITION IS JUST THAT SIMPLY THEY'RE WORRIED THAT IT'S GONNA BRING DOWN PROPERTY VALUES, WHICH I THINK IS THE CONS.
THE MAIN CONSENSUS ACROSS THE BOARD FOR ADUS IS THAT IT RAISES PROPERTY VALUES.
SO I HAVEN'T REALLY FOUND ANY SORT OF, UM, DOCUMENTATION OUT THERE, UH, THAT WOULD SUPPORT IT LOWERING VALUES.
SO, UM, THE REST OF THE NEIGHBORS THAT I HAVE SPOKEN TO ON BLACK HEATH, IT'S A, A CUL-DE-SAC.
SO I'VE SPOKEN TO MOST OF OUR NEIGHBORS THERE WHO I'M ALSO PRETTY FAMILIAR WITH, AND THEY WERE ALL IN SUPPORT.
DO YOU HAVE ANY OTHER, OTHER QUESTIONS? UM, QUESTION HERE.
UM, AND I'M JUST LOOKING AT THE SITE PLAN FOR THIS.
IT DOES SAY THAT, UM, A NEW FENCE WOULD BE INSTALLED.
UM, AND THIS IS KIND OF JUST LIKE ON THE CURVATURE OF YOUR REAR YARD THERE.
UM, AND I GUESS I, YOU KNOW, WHEN OPPOSITIONS FOR ADUS COME UP, WE HAVE TO, YOU KNOW, ALSO ADDRESS SAFETY CONCERNS.
BUT, UM, IS THERE AN INTENT FOR THAT DRIVEWAY TO HAVE A GATE TO IT? OR IS THAT JUST A NEW FENCE AND THEN THE DRIVEWAY WOULD BE OPEN TO THE, TO THE ALLEYWAY? UM, THE DRIVEWAY WOULD STILL BE OPEN.
UH, 'CAUSE WE HAVE, WE KINDA HAVE A PIE PIECE, UH, LOT AND ONE, WE HAVE BASICALLY TWO BACKYARDS.
ONE OF THEM IS ALREADY FENCED IN.
AND SO THE, WHERE WE PROPOSED TO BUILD THIS IS ON THE, ON THE CURRENTLY UNFENCED PART.
UM, SO IT WOULD REMAIN OPEN AS FAR AS GETTING OUR CARS IN AND OUT.
SO WE WOULD JUST FENCE IN THE GRASS PART ONLY, NOT, NOT THE ACTUAL CONCRETE.
UM, I THINK I DON'T HAVE ANY ADDITIONAL QUESTIONS.
I THINK MR. KOWSKI, YOU ASKED MY PRIMARY QUESTION ABOUT NEIGHBOR OUTREACH.
MY QUESTION FOR STAFF IS, UM, IF THIS APPLICATION'S GRANTED, UM, THIS IS AN, AND I, I GONNA ANSWER THIS, BUT I JUST WANT CLARITY.
UM, BECAUSE THE REQUEST IS FOR A SPECIAL EXCEPTION FOR THE SINGLE FAMILY USE REGULATIONS, UM, THEY WOULD BE TIED TO THE SITE PLAN, RIGHT? BUT THIS WOULD RUN WITH THE PROPERTY.
SO IF FOR WHATEVER REASON DOWN THE ROAD THEY WANTED TO EXPAND THIS A DU, THEY WOULD STILL HAVE TO COME BACK FROM THE BOARD, OR WOULD THEY JUST BE ALLOWED TO THEN CONSTRUCT ANY SIZE? UM, SINCE WE'VE ALREADY GRANTED THE SINGLE FAMILY USE, IF WE WERE TO GRANT THE SINGLE FAMILY USE REGULATION SPECIAL EXCEPTION, THEY WOULD LIKELY HAVE TO COME BACK BECAUSE THE SITE, YOUR APPROVAL, IF APPROVAL WILL BE, UM, GRANTED BASED UPON THE SITE PLAN.
BUT, SO THIS IS, BUT THE, THE MOTION HERE IS MOST RECENT VERSION OF ALL MID SITE PLANS, BUT NOT ELEVATIONS.
SO E IF THEY WANTED TO EXPAND, THAT INCLUDES ELEVATIONS.
UM, SO IF, SO THIS ISN'T JUST A BLANKET APPROVAL, IT IS
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TIED TO SITE PLANS.SO FOR WHATEVER REASON, THEY WOULD'VE TO COME BACK FOR THE BOARD IF THEY WANTED TO MAKE, IF THEY WANTED TO EXPAND, IF THEY WANTED TO DIFFERENTIATE FROM WHAT WAS ALREADY FOR MOBILE SITE PLAN? CORRECT.
JUST WANTED SOME CLARITY ON THAT.
UH, I DON'T, IT PART OF THE APPLICATION ALSO, I JUST WANTED TO POINT OUT IS THAT WE'RE, WE HAVE NO INTENTION OF RENTING IT OUT.
LIKE I SAID, IT WAS FOR A FAMILY MEMBER.
AND, UH, WE'RE GONNA TIE OUR OWN UTILITY LINES INTO IT.
SO IT'LL ALL BE UNDER ONE ELECTRICITY BILL, ONE WATER BILL.
UM, IT'S NOT INTENDED AT ALL FOR RENTING IT OUT.
UM, IF THAT'S A CONCERN, UH, I SAW THAT THERE'S ALSO A DEED RESTRICTION THAT WOULD HAVE TO TAKE PLACE AS WELL.
WE'RE COMPLETELY FINE WITH ALL OF THAT.
LET'S BY, DO WE HAVE ANY QUESTIONS FROM EITHER OF OUR VIRTUAL, UH, MR. AL? UH, YES, THANK YOU.
UM, MY QUESTION TO THE APPLICANT, UM, AND I KINDA RAISED THIS DURING OUR BOARD BRIEFING, UH, WHEN I SAW THE ELEVATION THAT WAS PROVIDED, YOU KNOW, I SEE JUST ONE ENTRYWAY INTO THE HOME, UM, OR INTO THE STRUCTURE.
UH, IS THAT LIKE, SO THERE, THERE ARE NO OTHER METHODS OF EXITING THE STRUCTURE? YOU KNOW, I'M JUST THINKING PURELY FROM A SAFETY PERSPECTIVE FOR THE OCCUPANT.
UH, NO, THERE'S ONLY ONE DOOR, AND MAINLY BECAUSE IT'S ONLY A 500 ISH SQUARE FOOT, UM, DOMAIN.
SO IT'S, YOU KNOW, THE MORE DOORS YOU HAVE, THE LESS WALL SPACE YOU HAVE, AND THEN IT STARTS TO BECOME A LITTLE, UM, INCUMBENT ON, OR, YOU KNOW, IT STARTS TO ENCUMBER YOUR, YOUR, I'M SORRY, YOUR ABILITY TO PUT THINGS IN IN THE ROOMS. SO, UM, THAT'S THE ONLY PLAN FOR THAT ONE DOOR.
IT WILL BE, UM, WE'RE GONNA WIDEN IT.
SO IF IN THE EVENT SHE, MY MOTHER BECOMES, YOU KNOW, WHEELCHAIR BOUND, SHE'LL BE ABLE TO GET IN AND OUT OF IT.
UM, BUT IT DOES HAVE WINDOWS AS WELL IF THERE'S, YOU KNOW, SO THERE IS ANOTHER MEANS OF ESCAPE IF THERE'S A FIRE OR SOMETHING LIKE THAT.
UM, BUT I ALSO CHECKED WITH OUR ARCHITECT AND THEY SAID THAT THERE'S, IT, IT FOLLOWS ALL THE RESIDENTIAL COATING AS FAR AS DOORS, WINDOWS, THAT SORT OF THING.
SO, AND THERE'S NOTHING THAT REALLY, UM, NO CODE THAT WOULD REQUIRE IT TO HAVE AN ADDITIONAL WAY OF EXIT OTHER THAN A WINDOW.
DO YOU HAVE ANY QUESTIONS? WE DON'T HAVE ANY OTHERS.
UH, DO WE HAVE ANY, UH, SPEAKERS IN OPPOSITION? NO.
HEARING THAT, THEN I'LL TAKE A MOTION.
I MOVE TO THE BOARD OF ADJUSTMENT IN REQUEST NUMBER BDA 2 3 4 DASH ZERO THREE ON APPLICATION OF JULIA GUTIERREZ.
GRANT, THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELL UNIT ON A SITE, UM, DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT ANY BRAIN PROPERTIES, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
THIS, THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL DWELLING UNIT AS A RENTAL ACCOMMODATION.
DO YOU HAVE ANY DISCUSSION? UM, I MADE THE MOTION TO GRANT THIS, UM, BECAUSE, UM, I DID NOT, ALTHOUGH THERE WAS, UM, LETTERS OF OPPOSITION FROM A NEIGHBOR, I DID NOT FEEL THAT, UM, BASED ON THE APPLICATION, BUT THIS WOULD HAVE A, UM, ADVERSELY AFFECT NEIGHBOR PROPERTIES.
AND I THINK THAT IS FURTHER, UM, CODIFIED WITH THIS MOTION THAT LIMITS DE DISTRICTS, UM, AGAINST, UM, AING RENTAL, UH, ACCOMMODATIONS.
AND THAT ACTUALLY IS DE SHIFTED THROUGH, UM, TO THE PROPERTY.
SO FOR THOSE REASONS, I AM GRANTED THIS MOTION.
DO YOU HAVE ANY OTHER DISCUSSION? I WILL SUPPORT THE MOTION, UM, IN JUST GOING TO THE, NO, WE WANNA, WE'D LIKE TO HEAR FROM THE, UM, THE NEIGHBORS.
UM, AND IN THIS POINT THERE WAS, UM, REALLY NO BASIS FOR THIS OPPOSITION, AS FAR AS I'M CONCERNED, AS FAR AS ITS IMPACT ON PROPERTY VALUE.
THERE WAS NO DATA THAT WAS PROVIDED WITH OPPOSITION AS SAYING WHAT, UM, WHAT THIS PROJECT WOULD DO TO SURROUNDING PROPERTY.
SO, UM, I'M IN SUPPORT OF GRANTING THIS MOTION.
MS. GAMBLE, GO OR MS. MR. AL, DO EITHER OF YOU HAVE ANY, ANYTHING TO ADD? WELL, I, I, I'LL AGREE.
I DON'T THINK THAT A SINGLE STORY, UM, ADDITIONAL DWELLING UNIT, UH, THAT WILL NOT BE USED AS RENTAL ACCOMMODATIONS WILL ADVERSELY AFFECT ANY OF THE NEIGHBORING, UH,
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PROPERTIES.SO I'LL ALSO BE SPOKEN WITH THIS.
SO WE HAVE NO MORE, UH, WE'RE DONE WITH DISCUSSION.
MOTION PASSES TO GRAND FIVE TO ZERO.
SINCE THE MOTION PASSED, YOU'LL RECEIVE NOTIFICATION IN THE MAIL FROM THE CITY, AND NOW WE CAN MOVE ON TO THE NEXT CASE, WHICH IS BDA 2 3 4 DASH 0 3 9 AT 9 2 4 1 MIDWAY ROAD.
DO WE HAVE ANY SPEAKERS HERE IN, UH, SUPPORT OF OR REPRESENTATIVE? WE HAVE AN APPLICANT AND A SUPPORTER.
WE, UH, IF THE PERSON IN SUPPORT IS ALSO HERE, LET'S JUST SWEAR EVERYBODY IN THE SAME YEAH.
CHERYL, SAVE A LITTLE BIT OF TIME.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
BALDWIN, PLEASE, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE'LL GET GOING.
UH, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE D IN DALLAS.
AND I'M HERE REVEREND MS. MCINNIS IN THIS REQUEST ON HER PROPERTY AT 9 2 41 MIDWAY ROAD.
THIS IS, BELIEVE IT OR NOT, ON MIDWAY ROAD, UH, JUST NORTH OF NORTHWEST HIGHWAY, JUST ACROSS THE STREET FROM THE CENTRAL MARKET SHOPPING CENTER THAT I'M IMAGINE Y'ALL BE FAMILIAR WITH.
IT'S SHOWN IN THE GREEN STAR NEXT SITE.
THIS IS THE PROPERTY OUTLINED, UH, SHADED IN GREEN.
IT FACES, UH, NORTHWEST HIGHWAY, UH, MID, MID MIDWAY ROAD WHERE CONNECTED NORTHWEST HIGHWAY.
BUT THE, THE, THAT'S WHERE THE DOOR IS, BUT THE ACTUAL ACCESS, UH, ADDITIONAL ACCESS IS OFF OF
THIS IS A BLOW UP OF THE SITE.
SO YOU CAN SEE IT'S INTERESTING HOW IT FRONTS THE, THE LOT IS ORIENTED TOWARDS MIDWAY, BUT THAT'S NOT THE WAY IT ACTUALLY FUNCTIONS.
UH, WHEN WE BUILT MIDWAY WAS MUCH SMALLER ROAD, UH, AND NOW MIDWAY IS A, A MAJOR THOROUGHFARE.
AND, YOU KNOW, THE FRONT DOOR FACES THAT, UH, THE TENT IS TO REORIENT THIS SO THAT IT'S EASIER ENTER AND ACCESS OFF OF THE SIDE STREET.
UH, MS. MCGINNIS IS A SINGLE WOMAN LIVING ALONE AND, UH, SAFETY IS A BIG CONCERN FOR HER.
WE WANT, UH, REQUEST TO HAVE A FENCE TALLER THAN FOUR FEET IN HEIGHT, UH, ALONG FULL STREET FRONTAGES.
AND WE WANT, UH, THAT FENCE TO BE ABLE TO BE SOLID WITHIN, UH, WELL ON THE PROPERTY LINE AND THE, AND, UH, THEN ALSO VARIANCE OF THE FRONT YARD SETBACK TO ALLOW, UH, FOR AN EXTENSION OF THE GARAGE AND A, A COVERED PORCH FACING, UH, WALL STREET.
THIS IS THE, WHAT WE'RE PROPOSING, UH, EVERYTHING, THE EXISTING HOUSES IN LIGHT GREEN AND ALSO IN THE YELLOW.
IT WAS VERY ASTUTE OF Y'ALL TO CATCH THAT THIS MORNING.
THERE ALREADY IS AN ENCROACHMENT INTO THE FRONT YARD SETBACK.
UM, DUNNO HOW IT GOT DONE, BUT WE'RE NOT TOUCHING THAT PART.
WE'RE, WE'RE POSING TO ADD ON A COVERED PORCH AND THEN A GARAGE INTO THAT.
UM, AND THEN YOU CAN SEE WHERE THE FENCE IS.
UH, THIS IS AN INTERESTING SITUATION IN THAT, UH, GIVEN THAT WE HAVE A COMMERCIAL ACROSS THE STREET, COMMERCIAL JUST SOUTH OF US, UH, SHE'S HAD PROBLEMS WITH HOMELESS PEOPLE CAMPING IN HER YARD.
AND, UH, SO THE PURPOSE OF THE FENCE IS, UH, I KNOW IT'S USUALLY NOT GOOD TO COME AND SAY IT'S A SECURITY ISSUE, BUT IN THIS CASE, A SINGLE WOMAN LIVING ALONE, THIS IS A SECURITY ISSUE FOR HER.
AND ALSO DEADENS THE NOISE AND, UH, HELPS PROTECT, UH, THE LIVING IN THE HOME WITH QUIET ENJOYMENT.
SO THIS IS LOOKING AT OUR HOUSE.
YOU CAN SEE WHAT'S ACROSS THE STREET.
THERE IS A FENCE ALREADY ALONG, UH, NORTHWEST HIGHWAY ACROSS THAT IS, YOU'RE RIGHT, FOUR FEET OR LESS IN HEIGHT.
WE'RE ASKING FOR A TALLER FENCE, UH, BUT, UH, SO IT'S NOT UNPRECEDENTED.
HAVE A FENCE FARTHER IN INLAND.
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UH, ANOTHER LOOK AT THE SITE.THAT TREE'S GONNA BECOME VERY IMPORTANT IN JUST A SECOND.
UH, MEANING THAT PART OF THE REASON WE CAN'T BUILD OUT TOWARDS THE STREET IS THAT WOULD RE REQUIRE REMOVING OF THE TREE.
IT SHOWS THE EXISTING FENCE AS YOU'RE LOOKING SOUTH TOWARDS THE PROPERTY.
AND THIS, I THINK THIS IS IMPORTANT 'CAUSE THIS IS WHAT IT LOOKS LIKE AS YOU'RE LOOKING EAST ON THE SITE, EVEN THOUGH THERE'S NO FENCES ON THE, UH, ON THE SIDE OF THE STREET, THERE'S A LOT OF, UH, PLANTINGS THERE.
SO EVEN IF THERE WAS A FENCE, YOU WOULDN'T BE ABLE TO SEE IT BECAUSE IT'S BEHIND ALL THE PLANTINGS.
SO THIS IS, GETS TO THE VARIANCE.
WE HAVE TWO FRONT YARDS AND NO OTHER LOT IN THIS AREA HAS TWO FRONT YARDS.
WE'RE ALSO THE SMALLEST LOT IN THE AREA.
IT SHOWS WHAT THE BUILDABLE AREA IS ON THE SITE, AND AS I SAID PREVIOUSLY, WE CANNOT MOVE TO THE EAST BECAUSE THAT WOULD REQUIRE REMOVING THE TREE AND THE BEAUTIFUL TREE THAT'S BEEN THERE FOR A LONG TIME.
SO WE'RE ASKING FOR, UH, PERMISSION TO BUILD A LITTLE BIT OUT.
UH, BUT IT'S STILL IN KEEPING WITH THE, WHERE THE CURRENT BUILDING FACADE IS TODAY.
UH, SO PLEASE CONSIDER WE'RE THE SMALLEST LOT IN THE AREA.
WE'RE ONLY A LOT WITH TWO FRONT YARDS AND ABUTS A MAJOR THOROUGHFARE, AND THERE'S A LARGE TREE THERE.
UH, IT'S ADDRESS, UH, COMMISSIONER LAMB'S QUESTION THIS MORNING.
THE ORIGINAL ZONING, UH, NOTIFICATION SIGNS WERE, WERE POSTED ON JANUARY 30TH.
UH, THEY, I ASSUME THEY WERE IN PLACE UNTIL I HEARD FROM THE CASE MANAGER THAT THEY WERE NOT.
I WENT OUT THERE AND MOVED THEM.
UH, IT SEEMS THAT THE, THE YARD PERSON, UH, TO MAKE THEIR LIFE EASIER, MOVE THE SIGNS CLOSER TO THE HOUSE.
AND SO, UH, THEY HAVE BEEN UP SINCE JAN, UH, JANUARY 30TH.
UH, I'LL TURN THIS OVER TO MS. MC MCINNIS TO TALK ABOUT HOW SHE'S SPOKEN TO HER NEIGHBORS.
AND AS SHE SAYS, WE GOT TWO LETTERS TO SUPPORT PEOPLE RIGHT ACROSS THE STREET.
SO I'LL COME BACK TO ANSWER ANY QUESTIONS, BUT LEMME TURN IT OVER TO MS. MCINNIS.
HI, MARY LEE MCINNIS, 92 41 MIDWAY ROAD, DALLAS, TEXAS 7 5 2 2 0.
UH, FIRST OF ALL, THANK YOU FOR ALLOWING ME TO ADDRESS YOU.
UM, AS, AS ROB MENTIONED, I LIVE ALONE ON THIS VERY BUSY STREET.
UM, BECAUSE MIDWAY IS SO BUSY, THERE'S JUST A LOT OF, UH, NOISE, VIBRATION, DUST.
AND I HAVE HAD UNFORTUNATELY SOME, UM, HOMELESS PEOPLE CAMPING ON MY FRONT PORCH AS WELL AS DRUG PARAPHERNALIA APPEARING AND SOME OTHER THINGS.
SO THAT'S PART OF THE REASON WHY I REALLY WANT THE FENCE.
UM, IT WAS A SURPRISE TO FIND OUT THAT ONE OF MY NEIGHBORS HAD, UH, FILED A LETTER OF OPPOSITION AS SOON AS THE SIGNS WENT UP.
UH, WE HAVE A GROUP EMAIL ADDRESS FOR THE WADA NEIGHBORHOOD.
I EMAILED EVERYONE, GAVE THEM MY CONTACT INFORMATION, LET THEM KNOW WHAT I WAS PLANNING, AND OFFERED TO MEET WITH THEM AND SHOW THEM MY PLANS.
I SPOKE TO THE NEIGHBORS DIRECTLY AROUND ME AND THAT'S WHY WE HAVE TWO LETTERS OF SUPPORT FOR, UM, FOR THE IMPROVEMENTS THAT I'D LIKE TO MAKE.
UM, SO I THINK AT THIS POINT, YEAH, I'D BE HAPPY TO ANSWER ANY QUESTIONS AROUND MY NEIGHBORS OR THE CONTACTS OR WHAT I'M HOPING TO ACHIEVE.
DO YOU HAVE ANY QUESTIONS, MS. LAMB? UM, SO I'M, I REALLY DON'T HAVE ANY ISSUES WITH, UM, WITH THE REQUEST TO APPLICATIONS IN FRONT OF ME.
UM, MY, MY QUESTION IS IN TERMS OF, OF JUST PROPER NOTIFICATION, I WOULD HATE FOR US IN THE EVENT THAT IF WE WERE TO, UM, TO, UH, APPROVE ONE OR MORE OF THESE APPLICATIONS, THAT IF PROPERLY NOTICED THAT YOU WOULD FIND YOURSELF, YOU KNOW, IN COURT WITH NEIGHBORS BECAUSE THEY WEREN'T PROPERLY NOTICED.
SO MY QUESTION IS, IS CAN YOU LEND CLARITY ON, 'CAUSE I KNOW THAT Y'ALL, YOU SIGNED AN AFFIDAVIT IN JANUARY, UM, AND THEN YOU PUT THE SIGNS OUT WITHIN THOSE TWO WEEKS.
CAN YOU KINDA LEND SOME INSIGHT ON WHERE THE SIGN WAS PLACED AND THEN ULTIMATELY HAVE THE TIMELINE OF WHEN, WHEN IT WAS MOVED? IT SOUNDS LIKE THROUGH GARDNER AND THEN WHAT WE WERE INSTRUCTED TO MOVE, MOVE IT, UH, YOU KNOW, MORE VISIBLE AREA, UM, FROM CITY STAFF.
SO I JUST KINDA WANNA APPRECIATE THE, THE, THE NOTIFICATION, UM, TIMELINE.
UM, AND I KNOW THAT AS ROB MENTIONED, THEY WERE PUT OUT.
I WILL TELL YOU THAT THE NEIGHBORS THAT I CONTACTED SAID, OH YES, WE SAW THE SIGNS, YOU KNOW, THANK YOU FOR REACHING OUT.
SO I THOUGHT THAT THE SIGNS WERE, WERE VISIBLE ENOUGH FOR, FOR MY NEIGHBORS TO SEE.
I DIDN'T THINK THAT THEY WERE HIDDEN IN ANY WAY.
I THINK I HAVE A QUESTION TOO.
SO, UM, IN REGARDS TO THE, THE FENCE AND THE NOISE MITIGATION, I'M PRETTY FAMILIAR WITH THIS STRETCH OF ROAD HERE.
ARE YOU PLANNING TO ADD ANY, UH, LANDSCAPING SHRUBBERY TO HELP WITH? BECAUSE RIGHT NOW ALL WE SEE IS JUST A LINE MARKING WHERE A FENCE WILL BE BUILT.
BUT, UM, IS THERE ANY VEGETATION THAT YOU'RE PLANNING TO HELP WITH THAT NOISE MITIGATION OR IS IT JUST THE FENCE? UM, THE FENCE, BUT ABSOLUTELY PLANNING ON SOME LANDSCAPING BECAUSE I THINK THE BEAUTIFICATION OF THE NEIGHBORHOOD IS ALSO OF IMPORTANCE TO ME AND, AND FOR THE HOME.
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ADD SOME LANDSCAPING.OH NO, THAT'S, UM, NO, THAT WAS MY ONLY QUESTION.
I, MS. GABO OR, UH, MR. AL, DO EITHER OF YOU HAVE ANY QUESTIONS? ANY FURTHER EXPECTION MS I STILL NEED SOME MORE CLARITY ON THE, ON THE SIGNAGE.
UM, YOU KNOW, YOU'RE, YOU'RE TESTIFYING THAT THE NEIGHBORS SAW IT, BUT I MEAN, I JUST HAVE TO UNDERSTAND THAT IT'S THERE FOR A REASON.
AND SO JUST A FEW NEIGHBORS TESTIFYING TO YOU, THEY SAW IT.
THAT ISN'T, DOESN'T QUITE GET ME THERE.
THAT NOTICES PROPERLY HAD, BASED ON THE PHOTOS WE SAW.
'CAUSE IT LOOKED LIKE IT WAS UP TOWARDS THE HOUSE, UM, IN JANUARY AND THEN UP TO IT, IT WAS ONLY 10 DAYS AGO.
TO MY UNDERSTANDING THAT CITY STAFF INSTRUCTED YOU ULTIMATELY THAT CLOSER TO THE STREET.
UM, AND THE AFFIDAVIT CLEARLY STATES THAT YOU SIGNED THAT IT NEEDS TO BE, UM, IN CLOSE PROXIMITY TO THE STREET.
SO I JUST NEED TO UNDERSTAND KINDA THE TIMELINE OF WHERE, WHERE IT WAS PLACED, WHEN IT WAS MOVED, UH, SO I CAN GET COMFORTABLE WITH WHETHER THE NEIGHBORHOOD WAS PROPERLY NOTICED.
YEAH, SO THE SIGN WAS REALLY, UH, POSTED ON JANUARY 30TH BY JANET SIPES, WHO IS HELPING MS. MC WAS BUILDING PERMIT ISSUES AND, AND, UH, SHE WAS THE ONE WHO PUT TOGETHER THE APPLICATION AND, AND FILED IT AND POSTED THE SIGNS.
SHE DOES THAT A LOT AND DOES THAT FOR US AND KNOWS WHERE TO PUT THE SIGNS.
SO THE FIRST TIME I WENT BY THE HOUSE, IT MUST'VE BEEN TWO MONTHS AGO, THE SIGNS WERE IN THE PROPER LOCATION.
UH, SO WHEN CAMIKA TOLD ME THEY WEREN'T, IT SURPRISED ME AND I WAS OUT THERE WITHIN AN HOUR PUTTING 'EM IN THE RIGHT LOCATION.
AND SO THEY WERE ONLY, I ONLY HAD TO MOVE 'EM ABOUT 15 FEET.
SO, UH, THE SIGNS WERE VISIBLE FROM BOTH STREETS.
EVEN WHEN THEY'RE, WHEN THE LANDSCAPE PEOPLE PUSH THEM BACK, IT'S NOT LIKE WE HAVE 'EM HIDDEN OR UP ON THE PORCH.
BUT I, I PUT 'EM RIGHT ALONG THE PROPERTY LINE AFTER THAT.
SO IF YOU WERE TO ESTIMATE HOW LONG IT WAS SITTING 15 FEET BACK FROM THE, FROM THE MAIN, I WOULD SAY THAT, UH, MAYBE A MONTH.
BUT SO THEN WOULD YOU SAY IT WAS PROBABLY EQUAL AMOUNT OF TIME THAT IT WAS PROPERLY, PROPERLY PLACED VERSUS NOT? THE ONE PART I'M HAVING A HARD TIME WITH IS, WAS IT ONLY DID THE PUBLIC ONLY HAD 10 DAYS.
BUT YOU'RE SAYING THAT IT WAS, THERE WAS A SIGNIFICANT AMOUNT OF TIME FROM WHEN Y'ALL PLACED IT JANUARY 30TH THAT IT WAS OUT THERE TO WHEN YOU FOUND OUT IT WASN'T WHERE IT SHOULD BE AND THAT IT WAS PUT BACK.
SO I'M JUST TRYING TO UNDERSTAND THE PERIOD OF, OF TIME BETWEEN WHEN YOU RECEIVED THE SIGNS TO TODAY WHEN THEY WERE PROPERLY PLACED.
UH, I KNOW THAT WHEN I WAS OUT THERE THE FIRST TIME TO TAKE PHOTOS, UM, THAT WAS IN FEBRUARY.
UM, THE SIGNS WERE IN THE PROPER PLACE.
SO THAT'S, THAT SURPRISED ME WHEN I FOUND OUT THEY WEREN'T OKAY.
UH, SO I WOULD SAY A MAJORITY OF TIME THEY WERE IN THE PROPER PLACE.
UH, IF YOU, UH, MS. MCIN IS GONNA KILL ME.
UH, IF, IF WE TO HOLD THIS FOR A MONTH AND MAKE SURE THE SIGNS ARE UP FOR ANOTHER MONTH, WE CAN DO THAT.
UM, I MEAN THAT MIGHT COME, BUT IF YOUR TESTIMONY IS THAT THE MAJORITY OF THE TIME IT WAS PROPERLY PLACED AND THERE WAS A SHORT PERIOD OF TIME IN WHICH IT WAS MOVED BY A LANDSCAPER, UM, I MEAN THAT MIGHT BE ENOUGH FOR ME TO, TO BE COMFORTABLE THE FACT THAT PROPER NOTIFICATION HAPPENED.
UM, I DON'T KNOW IF ANYBODY ELSE HAD QUESTIONS ABOUT NOTIFICATION ON THIS CASE, MR. AL, YOU'RE GOOD.
UM, WE HAVE NO OTHER QUESTIONS THEN I'M OPEN, OPEN TO SOMEONE MAKING A MOVE.
DO WE HA LETTERS THERE? WE HAVE A LETTER OF OPPOSITION.
SO DO WE HAVE ANYBODY HERE TO SPEAK IN OPPOSITION? NO.
ALRIGHT, NOW THAT I'M OPEN FOR THIS LINE, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 3 9 ON APPLICATION ROB BALDWIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE ON MIDWAY ROAD 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 THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT MY BRING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO THE, UH, TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED, THE MOST RECENT VERSION OF ALL SMITH SITE PLANS ARE REQUIRED.
UM, THE REASON WHY I, I GRANTED THIS, I, I AM COMFORTABLE WITH THE NOTIFICATION, SO THAT'S WHY I'M MOVING FORWARD WITH THIS.
UM, I I DO FEEL LIKE FURTHER TESTIMONY THAT PUBLIC WAS PROPERLY NOTICED.
UM, BUT I ALSO THINK THAT THE UP PIT MADE A VERY GOOD CASE WHERE THEY'RE ON A BUSY STREET AND SAFETY COMPONENTS.
I THINK A FOUR FOOT FENCE PROBABLY WOULD NOT PROVIDE ENOUGH SAFETY AND SECURITY AND I THINK IT ACTUALLY HELPS, UM, THEY BRING PROPERTIES AND THEIR VALUE TO SECURE YOUR PROPERTY.
UM, ESPECIALLY WITH COMMERCIAL INTERESTS ACROSS THE STREET AND THE HOMELESS, UM, ONGOING HOMELESS PROBLEM WE'RE SEEING, UM, IN DALLAS.
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IS ESSENTIAL TO GRANT THIS, UM, PARTICULAR MOTION.UM, AND I BELIEVE THAT THE APPLICANT MADE THEIR CASE TO JUSTIFY.
UM, I ALSO SUPPORT THIS MOTION IN IT'S A, THE SAME MANNER, UM, AS MS. LAMB, BUT ALSO, UM, DO APPRECIATE THE FACT THAT THERE IS, UM, SECURITY RISK WITH THIS PROPERTY.
SO, UM, I DON'T THINK ANY HOMEOWNER SHOULD FEEL THREATENED IN THEIR PLACE OF LIVING AND PER THE DALLAS DEVELOPMENT CODE, I THINK THAT ALL THE, UM, BARS HAVE BEEN MET.
SO THAT IS WHY I AM VOTING IN FAVOR OF THIS MOTION TO GRANT IT.
AND I AGREE, I DON'T THINK IT'S WITHIN, I DON'T THINK THERE'S ANY NEGATIVE, UH, PUBLIC OR THIS IS NOT CONTRARY TO THE PUBLIC INTEREST FOR, UH, THE TO BILL GRANT, THIS FENCE HEIGHT EXCEPTION.
MS. GABO OR MR. NETTLE, DO EITHER OF YOU HAVE COMMENTS? WE GOOD? OKAY.
MOTION PASSES TO GRAND FIVE TO ZERO MS. LAMB IN MOTION TO A FOUR.
UH, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 3 4 ON APPLICATION ROB BALDWIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE ON WILL DRIVE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAIN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT ANY GREEN PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS, UH, ILLUSTRATED, THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
DO WE HAVE A SECOND? A BUTTON? I SECOND.
UH, FOR THE SAME REASONS I GRANTED THE FIRST MOTION, I'M GRANTED THE SECOND.
I MEAN, I I ALSO DON'T FEEL LIKE YOU CAN HAVE A EIGHT FOOT FENCE, UM, GRANTED ON MIDWAY AND HAVE NOT CONTINUED THAT SAME MOTION ALONG WILL TO DRIVE.
SO IT'S, UM, AND THEN ALL THE COMMENTS I MADE IN THE PREVIOUS MOTION STAND IN THIS ONE AS WELL.
ANY OTHER COMMENTS? I AGREE, I CONCUR.
I THINK IT'S, IT'S CONTINUOUS.
CONTINUE OF A PREVIOUS DISCUSSION.
MOTION PASSES TO GRANT FIVE TO ZERO.
THIRD MOTION, MOTION THREE OF FOUR.
I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 3 9 ON APPLICATION OF ROB BALDIN.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN OFFENSE WITH A PANEL HAVING LESS THAN 50% OPEN SERVICE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT
DEVELOPMENT CODE COMPLIANCE FOR CAPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED THE MOST RECENT SITE, RECENT VERSION OF ALL SMITH SITE PLANS ARE REQUIRED.
UM, I GRANTED THIS, UM, BECAUSE I THINK IT'S ESSENTIAL FOR PRIVACY AND ALSO SOUND.
UM, AND I THINK IT ADDS A ADDS VALUE WITHOUT, UH, TAKING AWAY FROM, UM, BEING CONTRARY TO PUBLIC INTEREST TO THE NEIGHBORING PROPERTY.
THINK IT'S ESSENTIAL FOR, FOR PRIVACY AND SAFETY OF THE APPLICANT.
UM, SO THAT'S WHY I GRANTED THIS MOTION.
ANY OTHER DISCUSSION? I WOULD SAY JUST FOR THE CONDITION OF THIS PROPERTY BEING ON A MAJOR, THE AFFAIR, UM, IN THE INTEREST OF THE APPLICANT TO MITIGATE NOISE.
UM, THAT IS WHY I'M SUPPORTING THE GRANTING OF THIS MOTION AND THE FACT TOO THAT THE APPLICANT, UM, PLANS TO ADD LANDSCAPING TO, UM, IMPROVE THE AESTHETIC NOT ONLY, UM, OF THIS FENCE, BUT THEN ALSO TO THE AREA, UM, OF THE NEIGHBORHOOD.
SO THAT IS WHERE I, UM, SUPPORT THE GRANTING OF THIS MOTION.
MS. GA OR MS. MR. NUTTLE, NEITHER OF YOU HAVE COMMENTS AND, AND I I WOULD AGREE I WAS INITIALLY HESITANT TO SUPPORT THIS, BUT I THINK THE APPLICANT MADE A PRETTY, UH, GOOD CASE FOR WHY THE EXCEPTION WAS NEEDED FOR THE OPACITY.
SO WITH THAT, WE ASK FOR THE VOTE.
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AYE.MOTION PASSES TO GRAND FIVE TO ZERO OUR FOURTH MOTION.
I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 3 2 4 DASH 0 3 9 ON APPLICATION BRAD BALDWIN GRANT THE 18 FOOT SIX INCH VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUEST BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF DALLAS FELMAN CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.
I FURTHER THE MOVE THAT THE FOLLOWING CONDITION BE OPPOSED, IMPOSED TO FURTHER THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE TO THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
DO WE HAVE A SECOND? I SECOND THIS MOTION.
I GRANTED THIS, UH, BECAUSE, UM, OF THE REGULAR SHAPE OF THE PROPERTY, UM, WITH THE FACT THAT THERE'S TWO, UH, IT'S A CORNER LOCKED AND HAS TWO FRONT YARDS SETBACKS THAT IT HAS TO MEET REQUIREMENTS FOR, UH, COUPLED WITH THE UTILITY EASEMENT AND THE FACT THAT THIS, UH, SIZE OF THE PROPERTY IS SMALLER THAN, UM, LIKE PROPERTIES, UM, IS THE REASON WHY I THINK THE ONLY WAY TO DEVELOP A PROPERTY, UM, AS, AS NECESSARY, UM, FOR THE APPLICANT IS TO GRANT THIS, UM, REQUEST.
SO THAT'S WHY I MADE THE MOTION.
ANY OTHER DISCUSSION? UM, MY MOTION TO GRANT IS BASED ON THE FACT THAT, UM, I'M GONNA BOTCH UP THE CODE HERE, BUT IS IT TITLE 10 OR CHAPTER 10 AS FAR AS THE LANDSCAPING, UM, WHICH I'M REFERENCING TO THE EXISTING, UM, TREE THAT IS ON THE SITE.
SO I BELIEVE THAT THIS VARIANCE SHOULD BE GRANTED TO PRESERVE ANY, IN ALL, UM, NATURAL EFFECTS THAT ARE ON THE PROPERTY.
AND I SEE THAT THIS CASE MADE SO THAT BY HAVING TO, UM, GONE FOR THIS VARIANCE THAT IS IN FACT KEEPING, UH, EXISTING VEGETATION AND THEREFORE THE CANOPY OF, UM, TREES IN THIS NEIGHBORHOOD.
SO THAT'S WHERE MY SUPPORT COMES FROM.
MS. GAMBELL OR MR. NATAL, DO YOU HAVE ANYTHING THAT TO ADD? AND, AND I'LL I, I'LL AGREE WITH HER.
ALL THE STATEMENTS THAT ARE MADE, I WOULD MUCH, I THINK A LITERAL INTERPRETATION WOULD DO MORE HARM THAN GOOD IN THIS SENSE WITH, UM, REMOVAL OF THE TREE AS MS. MR. CANON INDICATED.
AND ALSO I AGREE WITH ALL THE POINTS THAT MS. LAMB MADE ABOUT THE, UH, CHARACTERISTICS OF THE SITE.
AND I ALSO THINK, ALTHOUGH NOT REFERENCED IN THE, UM, STATUTE, BUT OUR, THE FACT THAT THE HOUSE CURRENTLY SITS WITHIN THE, UM, APP PORTION OF THE HOUSE CURRENTLY SITS WITHIN THAT SETBACK.
I I THINK THE ADDITIONS ARE PRETTY MINOR COMPARED TO WHAT, WHAT IS ALREADY THERE.
AND SO I, THAT'S WHY WE'LL BE SUPPORTING THIS MOTION.
MOTION PASSES TO GRANT FIVE TO ZERO.
YOU'LL RECEIVE AN ACTION LETTER IN THE MAIL FROM OUR BOARD STAFF.
UH, NOW WE, UH, MOVE ON TO CASE TO BDA 2 3 4 DASH 0 2 7, UH, AT 7 1 8 SOUTH ROSEMONT AVENUE.
DO WE HAVE ANY SPEAKERS HERE, UH, APPLICANT OR SPEAKERS IN SUPPORT? WE HAVE AN APPLICANT AND A SUPPORTER.
WE'LL JUST GO AHEAD AND SWEAR EVERYBODY IN AT THE SAME TIME AND THEN WE'LL ASK THE APPLICANT TO GIVE THEIR PRESENTATION.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
AND, UH, BEFORE YOU BEGIN, PLEASE STATE YOUR NAME AND ADDRESS.
OKAY, MR. KOWSKI, COULD YOU ASK HIM TO TURN ON HIS MICROPHONE? IS THAT BETTER? YES.
UH, ISAIAH SPATE, 7 1 8 SOUTH ROSEMONT, DALLAS, TEXAS 7 5 2 0 8.
UM, AGAIN, I DON'T HAVE A FORMAL PRESENTATION, I JUST HAD SOME THINGS TO NOTE, UM, SOME OTHER FACTS THAT, UM, I THINK ADDRESS SOME OF THE CONCERNS FROM EARLIER TODAY.
UM, SO THEY'RE GONNA BE IN, IN A SCRAMBLED MANNER, BUT THEY'RE ALL HERE.
SO FIRST OF ALL, WE ARE REPLACING A PREEXISTING TWO CAR GARAGE.
IT WAS ONE STORY FROM MY UNDERSTANDING.
UM, IT WAS, IT WAS CRUMBLING THE FOUNDATION AND
[00:40:01]
THE STRUCTURE WAS BASICALLY FALLING DOWN.UM, I DO BELIEVE THAT THAT GARAGE WOULD NOT HAVE BEEN IN COMPLIANCE BECAUSE IT DID NOT, IT WOULD'VE MET, IT WOULD NOT HAVE MET A SETBACK REQUIREMENT FROM THE STREET.
SO, UM, WE ARE, WE'RE, WE'RE ACTUALLY SATISFYING THAT REQUIREMENT BY OUR REQUEST.
UM, THE REQUIREMENT FOR THE VARIANCE FOR BOTH THE FLOOR AREA AND THE HEIGHT, FROM MY UNDERSTANDING, ARE BOTH REQUIRED BECAUSE THIS STRUCTURE IS DETACHED.
UH, IF WE WERE ADDING ONTO OUR PROPERTY, IT SEEMS LIKE NONE OF THESE WOULD WOULD MATTER, INCLUDING THE PROPERTY DIRECTLY BEHIND US.
UM, I WANNA SAY THE ADDITION THAT THEY HAVE IS PROBABLY 150 TO 200% LARGER THAN THE EXISTING STRUCTURE WITH COMPLETELY DIFFERENT ROOF LINES, AND THERE'S PLENTY OF THOSE THROUGHOUT THE NEIGHBORHOOD AS WELL.
UM, THE, THE SIZE OF THE, THE SQUARE FOOTAGE THAT WE'RE ADDING, THE ADDITIONAL SPACE, THE ACTUAL H UH, AIR CONDITIONED SPACE IS ONLY 534 SQUARE FEET AND IT JUST MAKES UP THE SPACE THAT'S NATURALLY ABOVE A TWO CAR GARAGE.
UM, THE REQUIREMENT FOR THE VARIANCE, A LARGE PORTION OF IT, OF THE 252 FEET IS STAIRS LEADING UP TO, AND ALSO, UM, UNFINISHED, LIKE MAYBE SMALL CLOSETS THAT'S IN THE GARAGE.
UM, AGAIN, THE HEIGHT OF THE, THE GARAGE THAT WE WERE TRYING TO BUILD WILL BE THE SAME HEIGHT AS THE EXISTING STRUCTURE.
IT'S JUST THE WAY IT'S MEASURED FROM THE MIDPOINT IS DIFFERENT.
UM, BUT AESTHETICALLY THE, THE GARAGE WILL LOOK THE SAME AND IT USES THE SAME BUILDING MATERIALS.
AND THEN O ONE THING I THINK IS PRETTY IMPORTANT IS IF WE WERE TO DO AN ADDITION, WE WOULD BE ABLE TO DO THIS.
I, FROM MY UNDERSTANDING, UM, BUT THERE'S SOME COUPLE THINGS THAT DO MAKE IT, UM, RESTRICTIVE OR THE LOT DOES MAKE IT RESTRICTIVE.
UM, AND THE MAIN THING IS THERE IS ABOUT A TWO FOOT CONCRETE RETAINING WALL THAT IS IN THE CITY'S 50 FOOT RIGHT OF WAY THAT IS NOT OUTSIDE OF OUR, OUR BOUNDARIES OF OUR SURVEY, UM, THAT WE WOULDN'T BE ABLE TO, UH, CREATE AN APPROACH AND DRIVE ON.
UM, OUR ONLY OTHER OPTION WOULD BE TO PAVE A DRIVEWAY FROM THE ALLEY TO THE EXISTING HOUSE.
WHICH WOULD, UM, I GUESS, I GUESS THE QUESTION THAT WAS ASKED EARLIER, WHAT WOULD WE LOSE? WE WOULD LOSE OUR BACKYARD BECAUSE IT WOULD ALL BE CONCRETE FOR THE DRIVEWAY.
SO, UM, I THINK THAT ANSWERS ALL THE QUESTIONS.
UM, AND GIVES A LITTLE BIT MORE COLOR ON WHY WE'RE TRYING TO DO DETACH VERSUS ATTACHED.
UM, OH, AND I GUESS, I GUESS OUR ATTENTION FOR THIS SPACE IS I'M SELF-EMPLOYED.
WE HAVE THREE KIDS THAT ARE HOMESCHOOLED.
WE HAVE A SMALLER HOUSE, AND SO WE DO NEED A SEPARATE SPACE EITHER FOR ME TO GET AWAY TO OR FOR THEM TO GET AWAY TO DURING THE DAYS.
UM, AND SO THAT'S THE PURPOSE OF IT.
THE, THE SPACE ABOVE THE GARAGE DOES NOT HAVE A KITCHEN OR COOKING APPLIANCES OR ANYTHING LIKE THAT.
IT DOES HAVE A BATHROOM, UH, AND SOME CABINETS FOR STORAGE.
SO ANY OTHER QUESTIONS? I'M HERE NO QUESTION.
UM, I ALWAYS APPRECIATE WHEN APPLICANTS COME WITH THIS.
UM, AND THAT'S, UM, QUITE A FEW LETTERS OF SUPPORT.
UM, THAT'S ALWAYS A HARD PIECE FOR US WHEN APPLICANTS COME IN AND THEY, THEY DON'T DO THE WORK AND DON'T, DON'T ENGAGE WITH THE NEIGHBORS AND THEN WE'RE LEFT GUESSING WHETHER THEY'RE SUPPORTIVE OR NOT.
AND Y'ALL CLEARLY CA DID THE WORK, UM, AND, AND REACHED OUT TO HER NEIGHBORS FOR SUPPORT.
SO THAT'S THE ONLY COMMENT I HAVE.
MS. GABO OR MR. NATAL, DO EITHER OF YOU HAVE ANY QUESTIONS, UH, FOR THE APPLICANT? MR. KANEY? UH, NO.
THE APPLICANT ANSWERED ALL MY QUESTIONS, SO THANK YOU FOR LISTENING TO OUR DISCUSSION EARLIER ON AND ADDRESSING THOSE POINT BY POINT.
WE HAD ANOTHER FIRST SPEAKER IN SUPPORT.
ALICIA DEL HIRO, SEVEN 18 SOUTH ROSEMONT AVENUE, DALLAS, TEXAS.
HI, MY NAME IS ALICIA DEL HIRO AND I LIVE AT SEVEN 18 SOUTH ROSEMONT AVENUE.
THE HOME FOR THIS HEARING WITH MY PARTNER ISAIAH AND OUR THREE CHILDREN.
UM, AS I DROVE HOME FROM SOCCER PRACTICE LAST NIGHT WITH MY KIDDOS IN THE CAR IN THE BACK, UM, I GOT TO LISTEN TO 'EM TELL EACH OTHER HOW MUCH THEY LOVE EACH OTHER, AND THAT'S DOESN'T HAPPEN OFTEN, BUT, UM, AS THEY SHARED A BAG OF POPCORN TOGETHER, IT'S MOMENTS LIKE THAT IN WHICH I FEEL GRATEFUL FOR OUR COZY LITTLE HOME, UM, WHERE WE CAN HEAR EACH OTHER FROM ANYWHERE IN THE HOUSE,
WE'RE AN ENTREPRENEURIAL FAMILY, HOMESCHOOLING FAMILY WHO'S SOMETIMES JUST NEEDS MOMENT AWAY FROM THE HUSTLE AND BUSTLE OF THE COMMON SPACE.
UM, WE WOULD LIKE THE SPACE ABOVE THE GARAGE TO BE, TO CREATE A SPACE OF SOLACE
[00:45:01]
TO WORK, PLAY, AND GET AWAY IN TIME.UM, WE WOULD LIKE TO FINISH UNPACKING INTO THE PROPOSED EXTRA SPACE ABOVE THE GARAGE AND MOVE OUR BIKES AND SPORTS EQUIPMENT INTO THE GARAGE.
UM, AND KEEPING WITH THE STANDARDS BELOW THE 252 FOOT VARI VARIATION WE ARE SEEKING.
AS ISAIAH SAID, OUR FAMILY WOULD LOSE AN EXCEPTIONAL AMOUNT OF OUR BACKYARD.
UH, AND WE SPEND A LOT OF TIME OUTSIDE.
UM, WE, ALONG WITH OUR SUPPORTING NEIGHBORS, BELIEVE, BY THE WAY, I DID THAT IN THE RAIN
UH, BUT BELIEVE THAT THE GARAGE WILL ADD VALUABLE SPACE FOR OUR FAMILY, WILL MATCH THE AESTHETIC AND THE HEIGHT OF THE CURRENT HOME AND OF THE SURROUNDING HOME, AND WILL MAINTAIN THE VALUE OF THE HOMES IN THIS NEIGHBORHOOD.
UH, WE HOPE YOU WILL CONSIDER OUR SPACE OR OUR NEED FOR EXTRA SPACE AND A SAFE PLACE TO STORE OUR BELONGING BELONGINGS.
THANK YOU FOR YOUR CONSIDERATION.
DO YOU HAVE ANY OTHER, ANY QUESTIONS? UM, DO WE HAVE ANY SPEAKERS IN OPPOSITION? NO.
WITHOUT MOTION MS. SLAM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 27 ON APPLICATION OF ISAIAH STATES GRANT, THE 252 SQUARE FOOT VARIANCE ON THE FLOOR AREA RATIO REGULATIONS REQUEST BY THE APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENTS OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE.
COMPLIANCE FROM MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
UM, I GRANTED THIS BECAUSE BASED ON YOUR TESTIMONY, EVEN THOUGH THE CITY STAFF, UM, FELT THAT IT WAS NOT AN, UH, IRREGULAR, UM, SHAPED PARCEL, I FELT THAT TESTIMONY IN LOOKING AT THE PHOTOS, UH, BASED ON HOW YOU'D BE ABLE TO, TO DEVELOP THE LAND, UM, HAD SOME SERIOUS RESTRICTIONS WITHOUT, WITHOUT GRANTING THIS.
UM, SO I, I APPRECIATE YOU COMING IN, DOING YOUR DUE DILIGENCE WITH THE NEIGHBORHOOD, ANSWERING QUESTIONS AND GETTING, UH, CLARITY TO, UM, THE DIFFERENT MECHANISMS YOU TRIED TO IMPLEMENT, UM, IN ORDER TO MAXIMIZE YOUR PROPERTY, UM, AND THE CONSTRAINTS THAT WOULD, UH, THAT YOU WERE FACING WITHOUT THIS, UM, WITHOUT THIS APPLICATION BEING GRANTED.
SO THOSE ARE THE REASONS WHY I MADE THE MOTION.
UH, ANYBODY DO WE HAVE ANY OTHER COMMENTS? CANON GABO, MR. AL? NO.
I THINK THAT THE ACCESS TO THE GARAGE IS A, UH, REQUIREMENT AND ALSO THE FACT THAT THE ADDITION ABOVE THE GARAGE IS, IS ABOUT AS SMALL AS YOU CAN GET IT AND BUILD A TWO CAR, UH, BUILD A TWO CAR GARAGE WITHOUT CREATING SOMETHING I THINK WOULD BE MORE AWKWARD, WHICH WOULD BE A SMALLER SECOND LEVEL.
AND SO THOSE ARE THE REASONS THAT I WILL SUPPORT THE MOTION.
NO OTHER COMMENTS MADE AT THE VOTE? MR. CANNON? AYE.
MOTION PASSES TO GRAND FIVE TO ZERO SECOND MOTION, UH, MOTION TO TWO.
I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 2 7 ON APPLICATION ISAIAH SPATE GRANT THE FOUR FOOT VARIANCE, THE HEIGHT REGULATIONS REQUEST BY AS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CARE TO THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF THE PROVISION OF DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS AS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE.
COMPLIANCE FOR THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
I SECOND, UM, I MADE THIS MOTION, UM, BECAUSE I DON'T BELIEVE THAT YOU CAN ACTUALLY BUILD THE SECOND STORY WITHOUT, WITHOUT IT, WHICH WOULD JUST LIMIT YOU TO WHAT THE INTENT WAS FOR GRANTING THE FIRST.
SO I, I BELIEVE MADE YOUR CASE.
UM, AND I DON'T THINK IT'S, UH, I MEAN IT'S COMPARABLE IN HEIGHT TO WHAT YOU HAVE IN THE, IN THE PRIMARY STRUCTURE.
SO, AND THOSE, FOR THOSE REASONS I GRANTED THE MOTION.
DO WE HAVE ANY OTHER COMMENTS? ANY OTHER DISCUSSION? STAND ON MS. SMITH.
I THINK THAT THE RIDGE LINE ALIGNS WITH THE HOUSE AND IT'S JUST KIND OF A ONE, ONE OF THOSE ARTIFACTS OF THE CODE WITH THE WAY, THAT WAY IT'S, UM, MEASURED THAT, UH, MAKES IT NOT, UH, OR MAKES IT EXCEED THE, THE EXISTING HOUSE.
SO WITH THAT WE CAN ASK FOR THE VOTE.
[00:50:01]
MS. GABO? AYE.MOTION PASSES TO GRAND FIVE TO ZERO AND THANK YOU.
WE'LL, UH, YOU'LL RECEIVE AN ACTION LETTER IN THE MAIL FROM OUR BOARD STAFF.
SO THE NEXT CASE IS, UH, BDA 2 3 4 3 1 AT 58 20 PATO AVENUE.
DO WE HAVE SPEAKERS, UH, THE APPLICANT AND SPEAKERS IN SUPPORT THE APPLICANT'S RICK KELLY AND, UH, ELLIE KELLY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
MAKE SURE YOU STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
HI, I AM ELLIE KELLY, 58 20 PAL PENTO AVENUE, DALLAS, TEXAS, AND I AM THE HOMEOWNER.
I'VE LIVED IN DALLAS FOR OVER 23 YEARS AND I'M PROUD TO LIVE ON PAL PENTO FOR OVER HALF OF THOSE YEARS.
AND I'M PROUD THAT I'VE PERSONALLY DESIGNED THE HOUSE THAT WE LIVE IN RIGHT NOW THAT WAS APPROVED BY THE BELMONT CONSERVATION DISTRICT.
UM, WE ARE HERE TODAY TO REQUEST APPROVAL FOR A NINE FOOT VARIANCE TO THE BELMONT CONSERVATION DISTRICT'S 40 FOOT REAR YARD SETBACK FOR THE BLOCK OF PAL PINTO.
UM, OUR REQUEST IS FOR A STAIR ACCESS TO THE A DU THAT WE PLAN TO BUILD OVER OUR ATTACHED GARAGE.
SO IN ORDER TO GRANT THE VARIANCE, I KNOW THERE'S TWO, I MEAN THERE'S THREE CRITERIA WE HAVE TO MEET, UM, NOT CONTRARY TO THE PUBLIC'S INTERESTS.
UM, THE VARIANCE REQUESTS WILL NOT IMPEDE ON THE NEIGHBORHOOD OUR CONTIGUOUS NEIGHBORS.
IN FACT, I'VE SPOKEN WITH ALL THE NEIGHBORS THAT I COULD CATCH HER TO HOME AND WOULD OPEN THEIR DOORS.
UM, I SUBMITTED 20 LETTERS OF SUPPORT OR FAVOR, INCLUDING LETTERS FROM NINE CONTIGUOUS NEIGHBORS.
AND, AND MARY, I THINK I SENT YOU THAT MAP THAT YOU GUYS SAW IT EARLIER THIS MORNING.
SO YOU CAN SEE HOW CLOSE THEY ARE.
I EVEN HAVE LETTERS OF SUPPORT FROM PHILIP KINGSTON, WHO'S THE FORMER DALLAS CITY COUNCILMAN DISTRICT, UM, 14.
AND MY NEIGHBOR, UM, MELISSA KINGSTON AND HAYDEN SAGE, THEY ARE FOUNDERS IN SOME OF THE STRONGEST AND ACTIVE BELMONT CONSERVATION DISTRICT SUPPORTERS.
THEY WOULD OPPOSE THE REQUEST IF IT WAS HARMFUL TO THE NEIGHBORS, OUR NEIGHBORHOOD OR THE CITY OF DALLAS.
AND SO TO PUT THIS VARIANCE REQUEST INTO PERSPECTIVE, OUR BACKYARD IS APPROXIMATELY 33,000 SQUARE FEET OF OPEN AREA.
THE VARIANCE THAT WE'RE REQUESTING IS FOR ONLY FOR 120, UM, FOOT OF THAT OPEN AREA IN THE REAR YARD.
I ALSO WANT TO NOTE THAT WE'RE PLANNING TO PROVIDE TWO OFF STREET PARKING SPOTS FOR THE REAR AT THE REAR OF THE HOME.
THIS WILL KEEP PAL PENTO FREE OF, UH, ADDITIONAL CAR PARKING ON THE STREET, UM, AS WELL AS KEEP OUR RESIDENTS SAFE, OUR RESIDENT.
NUMBER TWO, IT CANNOT BE DEVELOPED IN A MANNER WITH DEVELOPMENT UPON OTHER PARCELS OF LAND WITH THE SAME ZONING.
UM, A VARIANCE IS NEEDED TO ALLOW THE EXISTING ATTACHED GARAGE TO HAVE ACCESS TO THE A DU, UM, ADDED ABOVE.
THE ONLY PLACE TO FEASIBLY PLACED THOSE STAIRS NECESSARY IS TO ACCESS THE UNIT IS AT THE REAR YARD SETBACK.
THE ZONING GUIDE GUIDELINES FOR THE NEW WERE DESIGNED FOR NEW AND LOTS, AND DEVELOPING OUR PROPERTY WITH ADHERENCE TO THE ZONING GUIDELINES WOULD MEAN THAT WE WOULD HAVE TO TEAR DOWN OUR EXISTING GARAGE TO BUILD A NEW ONE WITH THE A DU ABOVE IT IN THE BACK OF THE GARAGE.
UM, THAT OPTION WOULD TAKE UP MORE LOT COVERAGE AND, UH, IS NOT FINANCIALLY FEE FEASIBLE TO TEAR IT DOWN AND TO BUILD A NEW ONE.
UM, ALSO TO NOTE, WHEN WE BUILT THIS HOUSE OVER 11 YEARS AGO, ADUS WERE NOT ALLOWED.
SO IT WAS NOT EVEN OPTION THEN.
AND THEN NUMBER THREE, UM, NOT GRANT TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.
OUR VARIANCE REQUEST IS IN LINE WITH THE CITY'S COMPREHENSIVE HOUSE PLANNING AND THE CITY'S, UM, CPAC AND ALSO THE SPECIFIC A DU POLICY ADOPTED BY CD 12.
UM, WHICH THE NEIGHBORHOOD STRONGLY SUPPORTS, UM, IMPORTANT HOUSING AND ANTI DISPLACEMENT INITIATIVES.
UM, OUR REQUEST IS IN THE PUBLIC AND CITY'S LONG-TERM INTEREST.
UM, A VARIANCE IS IN THIS PRO, IN THIS, UH, SITUATION IS PROPER BECAUSE STRICT ADHERENCE, UM, AND LITTLE ENFORCEMENT OF THE ZONING RESTRICTION WOULD CREATE AN UNFAIR OUTCOME.
IT IS ALSO CONTRARY TO THE PUBLIC'S INTERESTS.
SO FOR THOSE REASONS, UM, AND SITUATION WE'RE REQUESTING, UM, THE BOARD ADJUSTMENTS TO GRANT OUR NINE FOOTY YARD REAR SETBACK.
AND IF YOU HAVE ANY QUESTIONS FOR ME, LET ME KNOW AND MY HUSBAND'S HERE TO SPEAK TO.
UM, SO YOU MENTIONED THAT THE ONLY OTHER OPPORTUNITY TO BE ABLE TO ACCESS A SECOND STORY, A DU WOULD, IF THIS WAS NOT GRANTED, WOULD BE TO TEAR DOWN THE GARAGE AND REBUILD.
WHAT, IF YOU WERE TO ESTIMATE, WHAT WOULD THAT, WHAT WOULD THAT COST YOU TO, TO UH, TO DO
[00:55:01]
THAT? WELL, PROBABLY OVER 200,000 TO BUILD A NEW, UH, BUILDING IN THE BACK, ESPECIALLY WITH CONCRETE AND EVERYTHING.SO VERY EXPENSIVE OR MORE, YEAH, I, I I DON'T AND THEN WHAT PERCENTAGE, I MEAN HOW MUCH, HOW MUCH SPACE DO YOU THINK IT WOULD TAKE UP OF YOUR BACKYARD IF YOU WERE TO HAVE TO? SO THIS IS REALLY KIND OF A CATCH 22, UH, BECAUSE OF THE REAR YARD SETBACKS SPECIFIC TO OUR CONSERVATION DISTRICT, UM, AND OUR BLOCK, RIGHT? SO THE, THE, THE CATCH 22 OF THAT IS IF WE WERE GONNA DO A WHOLE NEW STRUCTURE, WELL, WE WOULD EITHER HAVE TO EITHER TEAR THE GARAGE DOWN, MOVE IT FORWARD SO WE COULD PROVIDE ACCESS TO THE GARAGE FURTHER IN THE BACK.
OR IF WE WERE GONNA BUILD A WHOLE NEW STRUCTURE IN THE BACKYARD, UM, I FRANKLY DON'T KNOW IF WE WOULD HAVE ENOUGH ROOM TO DO IT WITH A GARAGE.
'CAUSE I'M NOT SURE BY THE TIME YOU OFFSET IT FROM THE HOUSE AND THEN PROVIDED AN ENTRY OFF THE ALLEYWAY, UM, IF YOU WOULD HAVE A NORMAL GARAGE THAT'S THERE, UM, TO DO ANOTHER GARAGE IN AD.
AND I THINK YOU ASKED EARLIER WHAT WAS TO THE WEST OF THE A DU ABOVE.
SO IT'S, OUR BEDROOM IS THERE.
SO YOU CAN'T PUT A HOUSE ON THE LEFT SIDE.
YOU CAN'T PUT A HOUSE ON THE RIGHT SIDE.
'CAUSE THAT'S OUR SETBACK TO OUR NEIGHBOR.
AND WE WOULD BE ENCROACHING ON THEM EVEN MORE IF WE BUILT THERE.
SO THE ONLY PLACE TO PUT THE ACCESS IS AT THE REAR.
AND THEN I THINK WHAT YOU'RE SET BACK, BECAUSE THE CONSERVATION DISTRICT IS LIKE, WHAT, 40 FEET? 40 FEET.
SO IF IT WAS NOT THE CONSERVATION DISTRICT, I BELIEVE THAT YOU, YOU WOULD BE COMPLIANT.
CORRECT? YOU WOULDN'T HAVE CITY, CITY.
AND IT LOOKS LIKE YOU HAVE THE FULL SUPPORT OF NOT NECESSARILY THE CONSERVATION DISTRICT, BUT AT LEAST YOUR ADJACENT NEIGHBORS.
NINE OF OUR CON OUR OUR CONTINGENT NEIGHBORS CONTIGUOUS, SORRY.
I WAS GOING TO, UH, SPEAK, BUT REALLY WE'VE ALREADY KIND OF COVERED EVERYTHING.
THE, THE COUPLE OF POINTS THAT I DID WANNA MAKE, DID YOU JUST PLEASE PROVIDE NAME AND ADDRESS FOR THE RECORD? YEAH, SORRY.
I'M ALSO, UH, THE OWNER OF 58 25.
AND MAKE SURE YOU, AGAIN, IF YOU COULD POINT THE MICROPHONE UP SO OUR MEMBERS ONLINE CAN, CAN HEAR YOU.
UM, IN, IN DOING, UH, AN A DU, YOU KNOW, OBVIOUSLY WE'RE DOING IT FOR PERSONAL REASONS, UH, AMONG THOSE BEING, YOU KNOW, POTENTIAL HOME FOR AGING FAMILY.
UH, THE OTHER ONE IS A SOURCE OF INCOME.
UH, SINCE, SINCE WE BUILT OUR HOUSE IN 2011, UH, OUR PROPERTY TAXES HAVE, HAVE WENT UP OVER 50%.
SO THESE ARE ALL CONCERNS WE HAVE AND THINGS THAT WE START THINKING ABOUT AS WE GET OLDER.
UM, WELL THESE ARE PERSONAL REASONS.
THE THING THAT WE FOUND OUT AS WE DELVE FURTHER INTO THIS IS THAT THIS ALSO IS ALIGNED WITH AND CONSISTENT WITH SOME OF THE CITY'S, UH, GOALS AND INITIATIVES.
UH, ONE OF THE COMPREHENSIVE HOUSING POLICY, WHICH PRIORITIZES THE CREATION OF AFFORDABLE, UH, HOUSING AND RENTAL OPTIONS IN THE CITY, ESPECIALLY IN, IN AREAS LIKE WHERE WE LIVE AND DOING THIS IN A MANNER THAT'S MOST EFFICIENT AND UTILIZES THE EX EXISTING STRUCTURE.
TRYING TO REDUCE, YOU KNOW, USING EXCESS BUILDING MATERIALS AND WASTE IS CONSISTENT WITH THE CITY'S COMPREHENSIVE ENVIRONMENTAL AND TIME AND ACTION PLANNING.
THAT'S, WE FEEL THAT OUR A DU AND HOW WE'RE TRYING TO DO IT COMPLIES WITH BOTH OF THOSE INITIATIVES.
IT PROVIDES FOR MORE AFFORDABLE HOUSING AND DOES THIS AS SUFFICIENTLY AS POSSIBLE BY PLACING THE STRUCTURE OVER OUR EXISTING STRUCTURE.
UM, WHILE WE, WE'VE KIND OF ALREADY WENT INTO THIS, THE THING THAT I DO WANNA REITERATE IS THAT THE VARIANCE THAT WE'RE REQUESTING IS REALLY JUST FOR THE STAIRWAY AND THE LANDING.
UM, THE A DU ITSELF, UH, WON'T EXTEND INTO THE REAR YARD SETBACK.
IT'S OVER OUR EXISTING GARAGE, WHICH IS WE BUILT THROUGH THE CONSERVATION SPECIFICATIONS.
UM, THE ADUS PERMISSIBLE, UH, I ALREADY BEEN REVIEWED BY STAFF AND, AND THAT'S, THAT'S NOT THE ISSUE.
IT'S JUST BECAUSE WE HAVE TO HAVE ACCESS TO IT IS WHY WE ARE PART OF A VARIANCE.
YOU KNOW, IF WE COULD GO BACK, UH, WHEN WE BUILT IT, WE'D PROBABLY GO, YOU KNOW WHAT, WE MIGHT WANNA PUSH THE GARAGE FORWARD A LITTLE BIT SO WE COULD PUT A STAIRS BEHIND IT.
BUT ADUS WEREN'T ALLOWED WHENEVER, WHENEVER WE BUILT IT.
SO THAT REALLY WASN'T EVEN CONSIDERATION.
UM, SO NOW THE AR ADUS ARE PERMISSIBLE.
WE'RE WORKING TO DO IT IN THERE THAT'S MOST FEASIBLE.
WE LEAST IMPACTFUL AND LIMITS THE AMOUNT OF BUILDING, UH, MATERIALS YOU GET CONSTRUCTED.
AND PLACING IT, PLACING IT BEHIND THE GARAGE IS REALLY THE ONLY PLACE TO PUT IT.
AND OBVIOUSLY WE CAN'T PUT IT IN FRONT OF THE GARAGE BECAUSE THAT'S WHERE THE GARAGE ENTRY IS.
UH, WE CAN'T PUT IT ON THE SIDE OF THE HOUSE OR IT'S MUCH LESS DESIRABLE.
THAT ALSO GOES INTO THE SIDE YARD SETBACK.
[01:00:01]
OBTRUSIVE TO OUR NEIGHBORS THAT LIVE ON THAT SIDE.PUTTING IT IN THE BACK REALLY IS THE ONLY REASONABLE OPTION.
AND, AND TO YOUR POINT EARLIER WHAT WE'RE TALKING ABOUT, YES WE CAN, UH, TEAR THE WHOLE THING DOWN, MOVE IT FORWARD, JUST THAT, BE ABLE TO BUILD A STAIRS.
BUT THAT'S REALLY NOT CONSISTENT WITH, WITH CITY'S INITIATIVES.
UH, WE COULD POTENTIALLY, YOU KNOW, BUILD A WHOLE OTHER STRUCTURE BEHIND IT.
BUT AGAIN, THAT'S NOT CONSISTENT WITH THE CITY'S INITIATIVES.
A LOT OF EXTRA COSTS, AND I'M NOT REALLY EVEN SURE THAT WE WOULD BE ABLE TO PROVIDE, UH, A GOOD STRUCTURE THING.
WE CAN SET OFF THE BACK OF THE HOUSE, NEED TO PROVIDE ENTRANCE, UH, UH, OFF THE ALLEYWAY, UH, SPACE.
SO IT JUST, IT'S A REALLY, AN EASY FIX.
LIKE I SAID, IT'S JUST TO PROVIDE ACCESS TO THE BACK AND IT'S JUST A, A STAIRWAY IN INATE.
SO WITH THAT, I'D LIKE TO SAY THANK YOU FOR YOUR TIME AND CONSIDERATION.
I HOPE YOU'LL FAVOR, UH, FIND IN FAVOR OUR REQUEST.
AND, UH, IS THERE ANY OTHER QUESTIONS? ANY, ANY QUESTIONS? MS. UM, A QUESTION FOR CITY, CITY STAFF.
SO IT SOUNDS LIKE A IS ALLOWED BY, RIGHT HERE.
UM, WHAT ABOUT FOR RENT? I MEAN, I KEEP HEARING RENT HERE.
IS THAT A CONDITION THAT NEEDS TO GO FROM THE BOARD THAT'S ON AN APPLICATION'S IN FRONT OF US? UM, IT'S THE, THERE'S A CONSERVATION, THERE'S AN, UH, A DU OVERLAY AND I BELIEVE THEY DO HAVE THE RIGHT, BUT I'LL GO AHEAD AND I'LL, I'M GONNA, OKAY.
I MEAN, 'CAUSE I KNOW IT'S NOT AN APPLICATION IN FRONT OF US, BUT THE APPLICANT IS MENTIONING THAT PART OF THE REASON OR THEY WANT IT FOR ADDITIONAL INCOME.
SO I'M JUST TRYING TO UNDERSTAND, UH, YEAH.
'CAUSE OF THE OVERLAY THAT THAT'S ON THERE.
I BELIEVE IT IS, BUT LET ME GET YOU THAT ANSWER.
THAT'S THE ONLY QUESTION I HAVE.
WHILE WE WAIT FOR THAT, DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? OH, UH, MS. GABO, UM, IF, IF IT TURNS OUT THAT RENTING IS APPROPRIATE, I ASSUME THESE ARE FOR LONG-TERM RENTALS AND NOT SHORT-TERM RENTALS.
NOW ISN'T SHORT-TERM RENTALS IN, UP IN THE AIR, ARE THEY STILL ALLOWED FOR THE CITY SHORT-TERM RENTALS? YEAH, THAT'S NOT, WELL, WE, WE DON'T HAVE ANY CONTROL OVER THAT.
YEAH, WELL, OR OUR COACH SAYS YOU CAN'T RENT A HOUSE FOR LESS THAN 30 DAYS.
BUT MR. NETTLE, DO YOU HAVE ANY QUESTIONS FOR MR. UH, NO QUESTIONS HERE? I THINK FROM WHAT I'VE HEARD FROM BOTH APPLICANTS AND OUR DISCUSSION EARLIER ON, I AM CLEAR ON THE FACTS AS IT PERTAINS TO THE APPLICATION AND DEVELOPMENT CODE HERE.
DO WE HAVE ANY SPEAKERS IN OPPOSITION? UM, WE HAVE ONE MORE.
DO WE WANT TO HEAR THAT SPEAKER WHILE THE STAFF LOOKS UP THE, UH, YEAH, I BELIEVE IT'S FAIR TO HEAR THAT SPEAKER.
MS. KINGSTON, I NEED TO SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? MS. KINGSTON, YOU MAY BE MEETING, WE CAN'T HEAR YOU.
SHE
SO, UM, THE OVERLAY FOR AN ACCESSORY DWELLING UNIT IS, UH, UM, IT MEANS, UH, AN ACCESSORY DWELLING UNIT MEANS A RENTABLE ADDITION DWELLING UNIT SUBORDINATE TO THE MAIN UNIT LOCATED ON THE BUILDING SITE WITH THE SAME FAMILY, SINGLE FAMILY LEASE THAT WOULD BE ALLOWED TO BE RENTED.
DOES SOMEBODY HAVE HER PHONE NUMBER? WE CAN, THEY CAN CLEAR CALL.
UM, MS. KINGSTON, DO YOU WANNA TRY TO LOG OUT AND LOG BACK IN? WE'LL, WE'LL WAIT, WE'LL WAIT FOR YOU.
[01:05:06]
WELL, WHILE WE'RE WAITING FOR OUR AUDIO, UM, I JUST HAVE A QUESTION TO STAFF REGARDING THIS, UM, LETTER OF SUPPORT PACKAGE.IS THIS LETTER, IS THIS, UM, WAS THIS ON THE, UM, APPLICANT'S INITIATIVE TO, FOR THIS FORMAT? OR IS THIS, UM, LIKE A TEMPLATE THAT, UM, YES.
THIS IS, I'M JUST SAYING, I KNOW WE'VE HAD PREVIOUS CONVERSATIONS, UM, ON CASES ABOUT NEIGHBORHOOD OUTREACH, KIND OF PROVIDING AT LEAST SOME KIND OF, I DON'T WANNA SAY LIKE A, A GO BY FOR, UM, FOR COMMUNITY ENGAGEMENT.
I THINK THAT THIS IS A, IT'S A GREAT EXAMPLE, UM, FOR, YOU KNOW, KINDA JUST MAKING IT EASIER FOR APPLICANTS TO REACH OUT, UM, WITH JUST A BLANKET LETTER, EVAN, THESE FIELDS AS FAR AS LIKE GETTING THEIR INFORMATION AND SIGNATURE, UM, I JUST WANTED TO PUT THAT ON RECORD.
UM, JUST 'CAUSE IT'S FORMATTING IS GREAT, KINDA GETS TO THE POINT.
AND THEN US AS BOARD MEMBERS, I FEEL AT LEAST JUST SPEAKING FOR MYSELF, IT'S EASY TO COMPREHEND WHO'S, YOU KNOW, WHO'S ACTUALLY BEHIND THAT.
THEY'VE READ ALL THE PERTINENT INFORMATION.
SO SHE'S, SHE'S ON THAT MICROPHONE IS NOT WORKING.
MS. UM, MS. KINGSTON, IF YOU WANT, WHILE YOU'RE TESTIFYING, WE JUST NEED TO HAVE YOU ON CAMERA, BUT IF YOU WANNA CALL IN ON YOUR PHONE AND MUTE, ACTUALLY, I DON'T KNOW, WE'RE ECHOING HERE.
OH, THAT WOULD BE, THAT WOULD BE SUBSTANTIAL ENOUGH.
WE JUST NEED TO SEE YOU ON CAMERA.
SO IF YOU WANNA STAY ON CAMERA AND THEN CALL IN ON YOUR PHONE.
SO DO YOU WANNA GO ON MICROPHONE FOR THIS? MS. KINGSTON, IF YOU'VE, UM, EXHAUSTED YOUR RESOURCES IN TRYING TO GET BOTH VISIBILITY AND AUDIO, UM, I'D LIKE TO REQUEST A RECESS SO THAT I CAN CONFER, UH, WITH THE TEXAS OPEN MEETINGS, I CAN MAKE SURE THAT IF WE HAVE VIDEO THROUGH THE COMPUTER AND SOUND THROUGH A TELEPHONE, THAT THAT WOULD SUFFICE.
LET, LET'S, I THINK WE SHOULD RECESS.
I'LL CALL RECESS FOR FI IT'S FIVE MINUTES AND WE'LL RECONVENE IT AT 2:13 PM OKAY.
WE'VE GOT ALL OF OUR, UH, STAFF AND MOVED BACK AND WE ARE ALL OF OUR BOARD MEMBERS BACK, AND I THINK WE'VE SORTED OUT THE CONNECTION ISSUES.
AND SO, MS. KINGSTON, I THINK WE, WE WILL NEED TO, UH, SWEAR YOU IN TO, TO BEGIN.
MS. KINGSTON, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MELISSA KINGSTON, 59 0 1 PALO PENTO AVENUE, DALLAS, TEXAS.
THANK YOU ALL FOR ACCOMMODATING ME.
UM, I LIVE DOWN THE STREET FROM THE APPLICANT'S AND I WAS ACTUALLY THE APPLICANT FOR THE BELMONT EDITION CONSERVATION DISTRICT BACK IN 2001.
I'VE LIVED IN THIS COMMUNITY FOR GOING ON 25 YEARS, AND OUR NEIGHBORHOOD WAS THE FIRST NEIGHBORHOOD IN THE CITY OF DALLAS.
AND IN FACT, UM, ONE OF THE ONLY NEIGHBORHOODS TO ADOPT THE ACCESSORY DWELLING UNIT OVERLAY.
UH, AND IT'S BEEN WIDELY, UM, ACCEPTED AND POPULAR IN OUR CONSERVATION DISTRICT FOR A VARIETY OF REASONS THAT THE APPLICANT TOUCHED ON.
UM, IT HELPS, UM, OFF LAY THE EFFECTS OF GENTRIFICATION.
IT HELPS PEOPLE, UM, PROVIDE A PLACE FOR AGING PARENTS FOR KIDS WHO ARE IN COLLEGE.
IT PROVIDES MUCH NEEDED HOUSING FOR WORKERS IN THE AREA.
AND ACCESSORY DWELLING UNITS ARE FEATURED THAT HAVE LONG BEEN SOMETHING IN OUR COMMUNITY DATING BACK TO ORIGINAL STRUCTURES IN THIS NEIGHBORHOOD.
UM, UNFORTUNATELY FOR THE APPLICANT, THE HOUSE THAT THEY BUILT WAS BUILT BEFORE THE A DU OVERLAY WAS ADOPTED.
AND SO NOW THEY'RE IN A POSITION WHERE THEY BUILT THE HOUSE AND THERE'S NO PLACE TO PUT ACCESS TO AN A DU.
WHAT THEY'RE ASKING FOR IN MY ESTIMATION, IS A RELATIVELY SMALL ASK IN TERMS OF VARIANCES.
IT'S A SMALL VARIANCE INTO WHAT IS A RELATIVELY LARGE SETBACK, UH, IN, IN THIS BLOCK IN THE
[01:10:01]
CONSERVATION DISTRICT FOR STAIRCASE.AND THEY, I'M NOT AWARE OF ANY, UM, OPPOSITION, BUT AS THE APPLICANT TOUCHED ON, THE ADDITION OF AN A DU DOES HIT A LOT OF THE CITY'S, UM, CURRENT POLICY GOALS.
IT, IT DOES SUPPORT OUR HOUSING INITIATIVES.
I DON'T THINK I HAVE TO TELL ANY OF YOU HOW BADLY WE NEED AFFORDABLE HOUSING AND THOUGH THIS APPLICANT MAY CHOOSE TO USE THIS PARTICULAR UNIT TO HOUSE AN AGING PARENT, ONCE THE UNIT IS BUILT, THAT UNIT IS THERE AND IT WILL BE THERE FOR DECADES TO COME TO BE USED BY THEM AND WHOEVER FOLLOWS THEM IN THAT HOME FOR HOWEVER THEY CHOOSE TO USE IT.
IT ALSO DOES MEET OUR, OUR CCAP GOAL, UM, IN THAT WE'RE USING SPACE WE ALREADY HAVE TO PROVIDE HOUSING.
UM, AND SO FOR A VARIETY OF REASONS, UM, THAT I THINK THE APPLICANTS ALREADY TOUCHED ON OUR COMMUNITY SUPPORTS THIS APPLICATION.
AND I HOPE THAT YOU ALL WILL DO THE SAME.
DO WE HAVE, UH, ANY QUESTIONS FOR THE APPLICANT OR ANY THE SPEAKERS, MR. AL AND MS. GALER? NO.
UH, THEN I WILL ENTERTAIN HIM.
DO WE HAVE ANY OPPOSITION? NO, NOBODY ELSE REGISTER.
AND I'LL ENTERTAIN A MOTION FOR THIS.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 3 1 ON APPLICATION OF ELIZABETH KELLY GRANT, THE NINE FOOT VARIANCE, THE REAR YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE FISCAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
THIS APPLICANT, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE.
THE MOST RECENT VERSION OF ALL SITE PLANS ARE REQUIRED.
A SECOND, I, OH, EXCUSE ME, I SECOND THAT MOTION.
UM, I MADE THIS MOTION BECAUSE, UM, YOU KNOW, THE TESTIMONY OF THE APPLICANT, THE FACT THAT I, I THINK, I DON'T KNOW IF I'VE EVER SEEN 21 LETTERS OF SUPPORT.
SO, I MEAN, CERTAINLY NOT CONTRARY TO PUBLIC INTEREST.
ALSO, THE TESTIMONY OF THE APPLICANT ONE THAT, UM, IN ORDER TO, TO, UM, BE, BE COMPLIANT WITHOUT COMING FROM THE BOARD WOULD COST HUNDREDS OF THOUSANDS OF DOLLARS.
UM, AND THEN THE, UH, NATURE OF THE PROPERTY BASED ON THE, THE ABNORMAL SETBACK, GRANTED IT IS IN THE CONSERVATION DISTRICT AND ANY, ANY OTHER, UM, ZONING DISTRICT WOULD BE ABLE TO DEVELOP THIS BY RIGHT.
FOR ALL OF THOSE REASONS I MOVED TO, TO GRANT THIS APPLICATION AND JUST MY, UM, WOW, THIS IS A VERY STRONG CASE.
UM, I BELIEVE THAT ALL THREE BARS OF THE DALLAS DEVELOPMENT CODE HAVE BEEN MET.
SO FIRST OF ALL, THANK YOU FOR THE CLARITY IN OUTLINING THAT FOR US.
UM, UNDERSTANDING THE HISTORY OF THIS PROPERTY, UM, YOU KNOW, BUILT, UM, EXCUSE ME, THAT PREVIOUS CODE DID NOT ALLOW ADUS.
AND NOW, UM, YOU KNOW, HAVING TO WORK WITHIN THE CONSTRAINTS OF YOUR CONSERVATION DISTRICT AND THE CODES OF, UM, CURRENT DAY THAT, UM, THAT THIS, THIS VARIANCE SHOULD BE APPROVED.
SO THAT IS WHAT I WILL BE VOTING ON.
MS. GABO OR MR. NATAL, DO EITHER OF YOU HAVE ANY, UH, DISCUSSION? WE'RE GOOD.
AND, AND I'LL BE SUPPORTING THIS AS WELL.
I THINK THAT THE, UH, LARGER SETBACK ON THIS BLOCK COMPARED TO OTHER BLOCKS, UM, HELPS, UH, WITH THAT, UM, ITEM NUMBER TWO, UH, ESPECIALLY WITHIN THE CONSERVATION DISTRICT.
UM, SO WITH THAT, WE, I'LL CALL, ASK FOR THE VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO BEFORE WE MOVE TO THE NEXT CASE.
UH, BEFORE WE MOVE TO THE NE NEXT CASE, I KNOW THAT THIS GAM BO'S TIME IS LIMITED.
DO YOU THINK YOU'LL HAVE TIME TO HEAR THE ENTIRE CASE OR DO YOU THINK YOU SHOULD? I WAS JUST, I WAS JUST THINKING ABOUT THAT.
I, UH, I PROBABLY GOT ABOUT 15 MINUTES LEFT.
UM, I DON'T, I I MEAN I'M HA I'M HAPPY TO SIT HERE AND TRY AND IF I HAVE TO BOW OUT I WILL, BUT IF YOU WOULD PREFER THAT I JUST LEAVE, I'M GOOD WITH THAT TOO.
LET ME CONFER WITH, YEAH, I'M SORRY, ATTORNEY ON THAT AND GIVE THAT TO OH, TO THE LAST APPLICANT.
YOU'RE GONNA RECEIVE AN ACTION LETTER IN THE MAIL, UM, FROM THE BOARD STAFF? YEAH.
[01:16:06]
OKAY.WELL, UM, WE'LL LET'S GET THE NEXT CASE STARTED AND I THINK I, I'M, I'LL LET, SO THE NEXT CASE IS BDA 2 3 4 DASH 0 3 4 4 7 2 2 LYNDHURST AVENUE.
AND I WOULD LIKE TO LET THE APPLICANT KNOW THAT WE HAVE A, ONE OF THE BOARD MEMBERS WILL MOST LIKELY WILL, WILL NEED TO LEAVE IN ABOUT 10 MINUTES.
AND SO IF, IF SHE LEAVES, THAT MEANS THERE, THERE ARE GONNA BE FOUR BOARD MEMBERS PRESENT AND FOUR OUT OF THE FIVE WILL STILL BE REQUIRED TO VOTE IN THE AFFIRMATIVE TO APPROVE A SPECIAL EXCEPTION OR A VARIANCE.
SO THAT GIVES YOU, I GUESS WE, I WOULD LIKE TO MAKE YOU AWARE OF THAT SO THAT THERE'S, IF YOU CAN'T LOSE ANYBODY, IF SHE HAS TO LEAVE AND THEN YOU HAVE THE OPPORTUNITY, I THINK TO ASK TO HOLD OVER THE MATTER.
IN, IN THAT CASE, IF YOU WOULD LIKE TO, IF YOU WOULD RATHER, UH, HAVE A FULL FIVE MEMBER PANEL INSTEAD OF, UH, INSTEAD OF A JUST A FOUR MEMBER PANEL, I'M OKAY TO PROCEED.
ALRIGHT, WELL, WE'LL START, AND THEN IF MS. GABO HAS TO LEAVE BEFORE WE VOTE, THEN IT, THAT, THAT THOSE ARE WHAT? WE'LL, HOW WE'LL PROCEED.
UM, CAN YOU, UH, WELL, MS. UH, WE WE'LL WE WILL, UH, SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE, SIR.
PLEASE STATE YOUR NAME AND YOUR ADDRESS BEFORE PROCEEDING.
UH, MY NAME IS SOYA CHARI AND MADLA, UM, APPLICANT RESIDE AT 4 7 2 2 SOUTH GLENHURST AVENUE, DALLAS, TEXAS 7 5 2 2 9.
UM, I'M SEEKING, UH, THREE EXCEPTIONS.
UM, TWO OF THE EXCEPTIONS RELATE TO THE HEIGHT OF THE FENCE.
UM, IT'S A CORNER PROPERTY, SO THE CURRENT PERMIT, THE FENCE, BASICALLY THE PERMIT ALLOWS US TO DO A FOUR FOOT FENCE ON LINDHURST AND SIX FOOT FENCE ON THE LENOX AVENUE.
I'M SEEKING TO, UH, GET AN EXCEPTION TO SIX FOOT AND EIGHT FOOT ON LYNDHURST AND OX AVENUE RESPECTIVELY.
AND A, AND A SPECIAL EXCEPTION FOR THE VISIBILITY OBSTRUCTION.
UM, THE REASONS TO SUPPORT, UM, THE, THE, THE FENCE HEIGHT, UM, VARIANCE IS, UM, RIGHT NOW THE WAY THE FENCE IS LAID OUT, IT'S COMPRISED OF THE FENCE PANELS AND, UM, COLUMNS.
UM, THE, THE FOUR FOOT AND SIX FOOT MEASUREMENT APPLIES TO THE ENTIRE FENCE STRUCTURE, WHICH INCLUDES NOT JUST THE PANELS BUT THE COLUMNS.
AND IF I PUT ANY OF THE CAMERA POSTS OR LIGHTING POSTS, THOSE ARE INCLUDED AS PART OF THE FENCE STRUCTURE.
SO THE, THE REASON I'M SEEKING THE, THE INCREASE IN HEIGHT IS TO, FOR ME, IS TO ALLOW PLACING SOME, UH, SECURITY, UH, EQUIPMENT THAT WILL BE MOUNTED ON TOP OF THE, OF THE, UH, THE COLUMNS.
ADDITIONALLY, THE COLUMNS THEMSELVES ARE SLIGHTLY ABOVE FOUR FOOT AND SIX FOOT AT THE TIME OF THE CONSTRUCTION.
'CAUSE THE BUILDER BASICALLY ONLY SOLVED FOR THE PANELS, NOT THE, NOT, NOT THE COLUMNS.
SO THOSE ARE THE TWO REASONS, UH, WHY I'M SEEKING THAT.
AND I WANT TO MAKE A NOTE THAT THESE PANELS HAVE MORE THAN 50% VISIBILITY.
IT'S NOT, IT'S NOT BLOCKING ANY, ANY, I VIEW IN TERMS OF, UM, THE, THE VISIBILITY TRIANGLE OBSTRUCTION.
UM, I REALIZED THAT WE ARE SLIGHTLY ENCROACHING INTO THE, INTO THE VISIBILITY TRIANGLE.
UM, THE REASON FOR THAT IS WHEN WE ARE GETTING THE HOUSE BUILT, UM, ONE OF THE INSTRUCTIONS WE, UH, GAVE TO THE, THE BUILDER, UH, THERE ARE A LOT OF MATURE TREES ON THE PROPERTY.
FEW DECADES OLD, VERY, VERY OLD TREES, UH, ON THE PROPERTY.
AND THERE IS A TREE, A VERY LARGE, VERY MATURE TREE, WHICH WAS PRESENT ON NORTHEAST CORNER OF THE PROPERTY, WHICH IS WHERE THIS ENCROACHMENT IS HAPPENING.
AND AT THE TIME WHEN THEY'RE DIGGING THE, THE LAND TO, TO BUILD THE FENCE, UM, THE BUILDER FELT THAT, TRY TO AVOID THE ROOT SYSTEM TO AVOID ANY DAMAGE TO SEE, THAT'S
[01:20:01]
WHY YOU SEE ABOUT, I BELIEVE IT'S ABOUT THREE FOOT, UH, ENCROACHMENT ON ONE SIDE AND ABOUT ONE FOOT ENCROACHMENT.SO IT'S JUST TO, TO AVOID DAMAGING THAT, THAT VERY MATURE TREE WE HAVE ON THAT PARTICULAR CORNER.
UM, I DID REACH OUT TO THE, TO THE NEIGHBORHOOD, UM, TO GET THE SUPPORT.
UM, I, I BELIEVE WE RECEIVED, UH, FOUR LETTERS OF SUPPORT.
I REALIZED THERE'S ONE OPPOSITION, UM, LETTER OF OPPOSITION.
UM, I DID SPEAK TO MR. HELWIG SINCE THEN AND HE PROMISED TO SEND IN A LETTER OF SUPPORT.
I'M NOT SURE IF THAT HAPPENED OR NOT, BUT HIS UNDERSTANDING WAS THERE'S GONNA BE A 10 FOOT FENCE, WHICH THERE'S NOT.
SO HIS OPPOSITION WAS BASED ON, UM, NOT, NOT THE, NOT WHAT I WAS ASKING.
WE HAVE ANY QUESTION, QUESTIONS ABOUT MS. MA? UH, SO I NOTICED THAT, I MEAN, IT REALLY CAN'T, IT'S NOT RELEVANT.
WE'RE NOT SUPPOSED TO TAKE INTO CONSIDERATION, BUT I'M ALWAYS CURIOUS 'CAUSE I, YOU'RE ASKING FOR, UH, A FEW DIFFERENT, UH, REQUESTS.
AND ONE IS TO, IN THIS CASE, MAINTAIN A FOOT, AN EIGHT FOOT FENCE.
UM, I ALWAYS AM CURIOUS AS TO HOW YOU, YOU CAME TO BUILD THE FENCE BEFORE YOU CAME IN FRONT OF THE BOARD.
SO, UH, THE HISTORY OF IT IS, UM, WE HAD A FENCE PERMIT.
THE ORIGINAL FENCE PERMIT ALLOWED US TO BUILD A FENCE OF SIX FOOT HIGH ON LENOX AVENUE AND FOUR FOOT ON THE, ON THE LINDHURST AVENUE.
THAT WAS THE, THAT WAS THE PERMIT, UM, THE ORIGINAL REQUEST.
SO AT THAT POINT, I THINK WE MISINTERPRETED, AT LEAST I MISINTERPRETED THE, THE PERMIT TO TALK ABOUT THE FENCE PANELS, NOT THE, NOT THE COLUMNS.
AND THE COLUMNS THEMSELVES ARE FEW INCHES, UM, OVER THE PERMITTED HEIGHT.
UM, SO THE WAY TO MITIGATE THAT IS, IS COME AND ASK FOR THE, THE B UM, THE, TO THIS HEARING.
UH, BUT AS I WAS PREPARING FOR THIS HEARING, I REALIZED THAT UM, ANYTHING THAT'S ATTACHED TO THE FENCE, INCLUDING ANY OF THE CAMERA OR LIGHTING POSTS, WILL BECOME PART OF THE PEN STRUCTURE.
AND THE REASON FOR EIGHT FOOT IS, I'M NOT TRYING TO RAISE THE, THE HEIGHT MORE THAN WHAT IT IS, BUT IF I PLACE ANY CAMERA SYSTEMS, YOU KNOW, I DON'T WANT TO BE IN, IN VIOLATION OF, UH, OF, OF WHAT WAS GRANTED.
SO THAT'S THE REASON WHY I AM ASKING FOR SIX FOOT AND EIGHT FOOT EASE, NOT, I'M NOT PLANNING TO RAISE THE FENCE PANELS OR, OR THE COLUMNS.
IS ANY ATTACHMENTS THAT GO ONTO THE FENCE, UM, IS THAT, IS THAT THE CASE WITH CAMERAS AND STUFF THAT'S ATTACHED? I MEAN, BECAUSE IF WE APPROVE THESE, ISN'T IT BASED ON, SO DO YOUR SITE PLANS HAVE THE CAMERAS ON THE FENCE THEN? 'CAUSE IF THAT'S PART OF THE HEIGHT, THEN DON'T WE THAT THAT'S NOT, THAT'S NOT PART OF IT.
BUT THEN IF YOU PLACE THEM, I MEAN, AREN'T WE COMMITTED TO THE SITE PLAN, WHAT'S SUBMITTED? SO IF HE DOES ANYTHING WITH HEIGHT, THEN I GUESS THAT IN THAT CASE WE'D HAVE TO SITE PLAN AND ELEVATIONS.
RIGHT? YOU'RE TALKING ABOUT IF THE HEIGHT'S GONNA CHANGE IF HE WAS TO ADD CAMERAS ONTO THE FENCE? WELL, I MEAN, HE'S SAYING THAT HE'S, HE'S PUTTING IN THE HEIGHT REQUEST BECAUSE HE WANTS TO ADD ADDITIONAL ELEMENTS ONTO THE PILLARS THAT MAY THEN GET THEM TO EIGHT FEET.
BUT ARE, AREN'T WE TIED TO THE SITE PLAN? AND ARE THOSE ELEMENTS SUCH AS CAMERAS EVEN A FACTOR? RIGHT.
THEY'RE NOT, YEAH, I, THEY DON'T NEED PERMITS FROM US TO GET TO PUT A CAMERA ONTO A FENCE.
THEY EVEN NEED A FENCE PERMIT.
SO ALL WE WOULD BE LOOKING AT IS THE FENCE ITSELF.
SO YOU WOULD JUST BE APPROVING THE FENCE.
ANYTHING ELSE LIKE A CAMERA, AN ATTACHMENT? I DON'T THINK IT WOULD EVEN, IT'S NOT EVEN, IT'S NOT IN YOUR PURVIEW THOUGH.
WHERE ARE WE WITH HEIGHT THEN? 'CAUSE HE'S SAYING IT'S SIX FEET, UH, ALONG SOME OF THE COLUMNS, BUT THEN WE'RE COMING IN ASKING FOR EIGHT FEET OR AT ANY POINT WE EIGHT FEET.
LEMME JUST, UM, ON THAT ONE, JUST TO CLARIFY, THE EIGHT FOOT, SO IT'S A CORNER PLOT ON THE LENOX AVENUE ASKING FOR EIGHT FOOT.
AND, AND, UH, LIN HUSK SIX FEET.
IS THERE, IS THERE ANY POINT IN TIME THE FENCE IS ACTUALLY EIGHT FEET OR IT SOUNDS LIKE THE WAY YOU WERE DESCRIBING IT, THAT THE MIDDLE PART IS ACTUALLY SIX FEET AND FOUR FEET AND THE COLUMNS ARE SIX FEET AND MAYBE FIVE FEET AND FOUR FEET.
SO I, TO MS. LAMB'S POINT, I'M, I'M NOT SURE WE NEED THE WHOLE EIGHT FOOT MAXIMUM.
'CAUSE THAT WILL, I'M NOT SURE THAT THAT'S MEETING THE SITE PLAN.
SO YOUR, YOUR UNDERSTANDING IS CORRECT.
RIGHT NOW, UM, WHAT I'M, IT'S NOT EIGHT FOOT.
SO THE FENCE COLUMNS ARE PROBABLY FEW INCHES OVER SIX FOOT ON ONE SIDE AND FEW INCHES OVER, UH, FOUR FOOT ON ANOTHER SIDE.
SO EVEN GRANTING ONE FOOT EXTENSION OVER THE EXISTING PERMIT WILL HELP ME.
I DON'T, I'M NOT PLANNING TO BUILD THE FENCE TO EIGHT FOOT.
WE'RE GONNA MEASURE ALWAYS, WE'RE GONNA
[01:25:01]
ALWAYS MEASURE TO THE HIGHEST POINT OKAY.OF THE FENCE, WHETHER IT'S THE COLUMN, THE GATE, OR THE ACTUAL PANEL.
AND PER THIS ELEVATION, THE HIGHEST POINT IS THE COLUMN ALONG LENNOX, WHICH IS AT EIGHT FEET.
THE ACTUAL FENCE ITSELF IS ONLY SIX FEET.
AND SO ALONG HURST, THE TOP OF THE COLUMN IS APPROXIMATELY SIX FEET IN THE ACTUAL FENCE PANEL AT ONLY FIVE FEET.
AND THAT'S ALSO WHAT'S REFLECTED IN THE MOTIONS SO THAT THE, THE, THE MAXIMUM IS EIGHT FOOT ON LENNOX AND THAT IT'S KEY TO THE HEIGHT AND FENCE LOCATION, MEANING THAT THE HEIGHTENED FENCE LOCATION ILLUSTRATED THE MOST RECENT VERSION OF ALSO BEEN THE SITE PLAN.
MEANING THAT, LIKE IF IT SAYS AT THIS LOCATION THE FENCE HAS TO BE EIGHT FOOT, IT HAS TO BE EIGHT FOOT AT THAT LOCATION.
IT CAN'T BE EIGHT FOOT WHERE IT SAYS IT'S GONNA BE SIX FOOT.
SO FOR PROOF YOU CAN'T JUST GO, JUST BUILD A BLANKET EIGHT FOOT.
IT HAS TO COMPLY WITH THE, UH, SIDE PLAN.
AND THEN SIMILARLY, IT'S A SIX FOOT REQUEST SO THAT THE, THE COLUMNS ON LYNDHURST ARE SIX FEET AND, UH, THE DEFENSE'S DEFENSE IS, UH, SOME DEGREE, UH, LESS THAN THAT.
AND AGAIN, IT IS KEY TO THE COMPLIANCE OF THE, THE HE FENCE LOCATION AS WELL.
AND JUST TO CONFIRM THE, YOU DO HAVE EIGHT FOOT, UH, COLUMNS ALONG THE LINUX RIGHT NOW THAT NO, I DON'T.
SOME, UM, SIX, SIX AND A HALF OR SOMETHING LIKE THAT.
I GUESS THE, SOME OF THE CONFUSION IS THAT SOME OF THE DOCUMENTS, WOULD YOU GO BACK TO SHOW EIGHT FEET AND YOU'RE SAYING YOU'RE SHOWING EIGHT FEET
UM, I THINK FROM MY POINT OF VIEW, THAT'S A LITTLE CONFUSING.
I WOULD PREFER TO SEE THIS ACCURATELY REPRESENT WHAT'S THERE, ESPECIALLY IF THIS, THEY'RE SAYING IT DOES 'CAUSE IT'S IN THE SITE PLAN, RIGHT.
SO THIS IS WHAT, BUT I THINK YOURE SAYING, BUT I THINK YOU'RE SAYING THAT WHAT'S PROPOSED IS NOT AN EIGHT FOOT, WHAT'S BEING PROPOSED CALLED A, A MAXIMUM OF EIGHT FOOT.
SO IN CASE IF I MOUNT CAMERAS OR LIGHT SYSTEMS ON THE COLUMNS, UM, THAT, THAT COVERS IT.
I THINK MR. KOWSKI, I THINK EVERYTHING'S IN ORDER.
THE, THE APPLICANT PROVIDED THE DRAWINGS.
THE HIGHEST POINT ON THE DRAWINGS ARE THE EIGHT FOOT COLUMNS.
SO THE REQUEST HAS TO BE FOR NO MORE THAN AN EIGHT FOOT.
'CAUSE THAT'S WHAT THE SPECIAL HAPPENED.
THAT'S WHAT'S REFLECTED IN THE MOTION BECAUSE IT IS SAYING THAT ON LYNDHURST, OR EXCUSE ME, ON LINUX, IT'S A EIGHT FOOT KEY TO HEIGHT AND FENCE LOCATION.
AND THEN SIMILARLY ON LINUX, IT'S SIX FOOT KEY TO HEIGHT AND FENCE LOCATION.
WELL THEN MY OTHER QUESTION IS, I DON'T, I'M NOT, I, TO ME THE FENCE HEIGHT IS LESS OF AN ISSUE BECAUSE I THINK THAT'S PREVALENT IN THE NEIGHBORHOOD TO HAVE THESE FENCES.
THE, I I HAVE A LOT OF HEARTBURN ABOUT GRANTING A, AN EXCEPTION TO THE, UM, VISIBILITY, UM, OBSTRUCTION 45 FOOT.
AND TO ME, I DON'T SEE THE EVIDENCE IN THIS PRESENTATION THAT, THAT I, I, I BELIEVE YOU, THAT THE TREE IS THERE, BUT I DON'T SEE THAT PRESENTED.
AND SO I HAVE A LOT, I HAVE A DIFFICULT TIME, UM, GRANTING THAT I, I THINK FROM YOUR, FROM YOU, I WOULD TO FEEL COMFORTABLE WITH THIS BECAUSE TO ME THIS IS A VERY IMPORTANT, YOU KNOW, VISIBILITY AT CORNERS IS EXTREMELY IMPORTANT.
LIKE WALK MY CHILDREN'S SCHOOL, I WALK IN A NEIGHBORHOOD, THINGS LIKE THAT.
AND, YOU KNOW, IT'S DANGEROUS TO LIVE IN THE CITY OF DALLAS TO, TO ME, I WOULD WANNA SEE A LOT MORE EVIDENCE, THE VIDEO.
WOULD YOU LIKE ME TO SHOW, TO SHOW THE PDFS YOU PROVIDED? OKAY.
JUST FOR THE RECORD, MS. GBO IS, UH, HAVING TO EXIT THE MEETING.
SO WE'RE GONNA JUST HAVE FOUR OF US.
UH, SO WE WILL NEED AN AFFIRMATIVE VOTE FROM.
SO THIS IS THE FIRST VIDEO THAT WE PROVIDED THAT'S YEAH.
AND IN THESE VIDEOS, I THINK THE APPLICANT IS ATTEMPTING TO SHOW, UM, THAT HE BELIEVES THAT THERE'S NO VIDEO OBSTRUCTION, BUT I'LL ALLOW HIM TO SPEAK TO THAT.
YEAH, I THINK THE INTENTION OF THIS VIDEO IS TO SHOW THE, THE OBSTRUCTION ASPECT OF IT.
I DON'T THINK IT SHOWS THAT PRE VERY WELL.
UM, IF, IF I CAN ACTUALLY SUBMIT ADDITIONAL, UM, EVIDENCE TO THE, THE THREE, THE TWO, THE TWO ASPECTS TO IT, THERE IS THIS VERY MATURE TREE AND THERE'S A ROOT SYSTEM, UH, AS WELL.
UM, I CAN TRY TO BRING IN ADDITIONAL EVIDENCE IF THAT'S ALLOWED.
[01:30:02]
THAT WOULD MAKE ME MORE COMFORTABLE.BUT I'LL, I'LL, I'LL
NO SIDEWALKS AND VISIBILITY CHALLENGES.
I, I MEAN I I I I'M GONNA HAVE A HARD TIME GETTING THERE ON, ON GRANTING THAT, THAT, THAT VARIANCE ON THE, ON THE VISIBILITY TRIANGLE.
UM, AS MUCH AS I LOVE TREES, UH, THE IDEA OF, OF, YOU KNOW, VISIBILITY COMING INTO QUESTION, UM, WITH, WITH THIS OBSTRUCTION AND DRIVING AND, AND PEDESTRIANS IN CHILDREN, UM, I'M JUST, I'M NOT GONNA GET THERE ON THIS ONE.
UM, I'M JUST GONNA SAY, BASED ON THE MATERIALITY I'M LOOKING AT, I CAPTURE, UM, LOOKING AT REFERENCING, EXCUSE ME, PAGES 1 38, UM, 1 39.
AND THOSE JUST BASED ON THESE PYLONS OR WHAT WE'RE CALLING COLUMNS, TWO FEET BY TWO FEET.
AND THE MATERIALITY OF THIS, UM, I'M ALSO IN ALIGNMENT WITH MY BOARD MEMBERS AS FAR AS, UM, THE ISSUE OF VISIBILITY.
I MEAN, I THINK IF THE DIMENSIONS OR THE MATERIALITY WE'RE A LITTLE BIT DIFFERENT, WE MIGHT BE HAVING ANOTHER CONVERSATION.
BUT THAT IS, THAT'S QUITE, I WOULD SAY A VISUAL HINDRANCE, UM, FOR, UM, BEING ABLE TO SAY THAT THIS WOULD NOT BE AN ISSUE AS FAR AS VEHICULAR TRAFFIC ON THAT CORNER.
UM, SO THOSE ARE JUST MY THOUGHTS.
JUST AGAIN, JUST REFERENCING WHAT WE HAVE BEFORE US AND WHAT'S, UM, PROPOSED FOR DEFENSE CONSTRUCTION.
UM, MS. I, I WANNA ASK MR. NUTTALL FIRST IF HE HAS ANY QUESTIONS FOR THE APPLICANT.
UM, WELL, BECAUSE I, I DON'T WANT US TO START DISCUSSING BEFORE, BEFORE THE MOTION IS MADE.
UM, I'LL WAIT UNTIL THE DISCUSSION PORTION.
UM, YEAH, I WOULD SAY I WOULD AGREE WITH MS. LAMB.
I THINK IT'S GONNA BE VERY HARD TO PROVIDE INFORMATION THAT, THAT, THAT, THAT'S MORE OF A SAFETY ISSUE I FEEL IN THAN THE REST.
SO IT'S GONNA BE DIFFICULT, BUT, UM, I THINK WE CAN, UM, ASK FOR A MOTION ON, OH, YEAH.
UM, DOES ANYBODY ELSE HAVE ANY QUESTIONS FOR THIS? DO WE HAVE ANYBODY ONLINE OR, UH, AN OPPOSITION OR SUPPORT? NO, THE SPEAKERS REGISTER, SIR.
I DO HAVE A, I DO HAVE A QUESTION.
I MEAN, KIND OF JUST GOING, I GUESS ADDING ON TO THE POINT THAT I JUST MADE, UM, WITH THIS OPEN FENCE DESIGN.
I MEAN, IS THERE, I GUESS DURING DESIGN, WERE THERE, UM, I MEAN, HAVE THERE BEEN DISCUSSIONS AS FAR AS, UM, THESE PYLONS AS FAR AS LIKE, AND I UNDERSTAND THAT, UM, THE ADDITIONAL EXHIBITS, IT DOES SHOW ADJACENT PROPERTIES THAT HAVE THE SAME KIND OF COMPOSITE MIXTURE OF BROAD IRON AND STONE PYLONS.
BUT, UM, I MEAN, JUST BECAUSE OF THE LOCATION OF THIS PROPERTY, I MEAN, WAS IT DISCUSSED WITH THE DESIGNER, THE, THE FENCE CONTRACTOR OF ANY ALTERNATIVES TO THESE TWO FEET BY TWO FEET? MASSIVE PYLONS? UH, I THINK WE STAYED, UH, I THINK ONE OF THE, ONE I'M TRYING TO REFLECT UPON THE DISCUSSION.
INITIALLY, THE DISCUSSION WAS TO STAY CONSISTENT WITH WHAT'S IN THE NE IN THAT NEIGHBORHOOD.
UM, SO ALL I CAN TELL YOU IS THE DESIGN WAS ONE OF THE THINGS WE ACTUALLY WERE TRYING TO BE VERY COGNIZANT OF IS TRYING TO MAKE SURE WE ARE STAYING CONSISTENT WITH THE REST OF THE DESIGNS IN, IN THE NEIGHBORHOOD.
SO, UH, WE FELT THAT IT IS, THAT WAS THE STYLE OF THE, OF THE FENCES, UH, IN THAT NEIGHBORHOOD.
MM-HMM,
BUT OTHER THAN THAT, THE STYLE WISE, I THINK WE TRY TO STAY CONSISTENT WITH THE NEIGHBORHOOD, UH, FENCE DESIGNS.
BECAUSE I THINK, I THINK WHAT WE'RE GETTING AT HERE IS THERE'S THE SAFETY ISSUE, BUT THEN, RIGHT, THERE'S THE CONTEXT OF ADJACENT PROPERTIES.
SO I MEAN, IF A BALANCE CAN BE STRUCK WHERE THE SAFETY ASPECT OF VIS VISIBILITY IS MET, AND I THINK THAT'S YEAH.
MORE ON YOUR POSITION, THE, UM, TO COME UP WITH A SOLUTION FOR THAT.
BUT AGAIN, WE ARE HAVING TO THINK OF WHAT'S IN THE BEST INTEREST OF THE COMMUNITY AT LARGE.
UM, NO, THAT'S, I JUST WANTED TO YEAH, JUST ASK THAT QUESTION JUST TO SEE, HAD IT BEEN DISCUSSED IF THERE ARE ANY OTHER OPTIONS, UM, OTHER THAN WHAT'S WHAT WE'RE VIEWING RIGHT NOW? NO, I, I THINK THAT'S, I, I, FIRST OF ALL, I AGREE WITH THE CONCERNS.
UH, SO WHAT I CAN, I CAN TAKE AN ACTION AGAIN IF IT'S ALLOWED, IS TO SEE WHAT KIND OF MODIFICATION I CAN MAKE TO THAT
[01:35:01]
AFFECTED AREA IN THE, IN THE VISIBILITY TRIANGLE TO, TO MITIGATE THE CONCERNS.SO MAYBE EVEN, UM, REDUCE THE ENCROACHMENT OR REMOVE THE ENCROACHMENT INTO THAT TRIANGLE.
I CAN ACTUALLY TALK TO THE BUILDER AND SEE WHAT CAN BE DONE.
I, I DON'T KNOW WHAT CAN BE DONE, BUT I CAN FIGURE OUT THE OPTIONS.
AND THEN QUESTION FOR STAFF HERE, UM, SINCE THIS IS, WE'RE, WE'RE LOOKING AT THREE MOTIONS HERE, UM, JUST INQUIRING, SO THIS VISIBILITY TRIANGLE, UM, IS MOTION THREE.
WHAT, I GUESS, WHAT ARE THE RAMIFICATIONS IF, UM, I SHOULD KNOW THIS BY NOW, BUT IF ONE IS ONE OUT OF THREE OR ONE OF OUT OF MULTIPLE ARE HELD OVER, DOES THAT MEAN ALL THREE MOTIONS ARE HELD OVER OR IS IT JUST ONE IS, SO WE'VE NEVER DONE THAT.
WE'VE ALWAYS HELD AN ENTIRE CASE OVER, SO I DON'T SEE THERE'S ANY REASON WHY YOU COULDN'T HOLD AN ISSUE OVER.
UM, HOWEVER, UH, THERE IS LANGUAGE IN THE MOTIONS SO THAT YOU COULD ACCEPT SOME AND DENY THE OTHERS AND IT WOULDN'T AFFECT THE VALID VALIDITY OF THE MOTION, IF THAT MAKES SENSE.
ACCEPT, SAY THAT LAST PART ONE MORE TIME.
IT'S, UH, SO FOR INSTANCE, YOU COULD ACCEPT THE FENCE HEIGHT AND GRANT THOSE MM-HMM.
SO, UH, IF WE DENY, EVEN THOUGH WE MEAN IF WE DENY, FOR EXAMPLE, THE VISIBILITY TRIANGLE, I KNOW WE KIND OF COVERED SOME OF THE LANGUAGE IN THE OTHER MOTIONS, BUT THEN THE SITE PLAN WOULDN'T BE, I GUESS WE STILL, WE WOULD REMOVE THE LANGUAGE OR THE PORTION OF THIS, OF THE VISIBILITY TRIANGLE.
AND THAT COVERS IT, RIGHT? HE DOESN'T NEED TO SUBMIT ANY.
DOES THAT ANSWER YOUR QUESTION, MR. CANON? YES, IT DOES.
AND JUST TO CONFIRM, MR. AL, YOU DON'T, YOU DON'T HAVE ANY QUESTIONS FOR THE APPLICANT? UM, WELL ACTUALLY NOW I DO.
UM, I MEAN, YOU'VE HEARD US SPEAK ABOUT, YOU KNOW, THE SAFETY OF OTHER CITIZENS, ET CETERA, AND, AND YOURS IS PARAMOUNT AS WELL BECAUSE YOU HAVE INDICATED THAT YOU WANT THE SECURITY CAMERAS, ET CETERA.
IS THERE A POSSIBILITY OF POSITIONING THE CAMERAS IN SOME OTHER METHOD OR FASHION THAT DOES NOT NECESSARILY, UH, ATTACHED TO LIKE THOSE PARTICULAR COLUMNS? THEREBY YOU DON'T NECESSARILY NEED THIS NEED TO COME, YOU KNOW, TO THE BOARD FOR THAT.
UH, IS THAT SOMETHING THAT YOU MIGHT BE WILLING TO CONSIDER? THE CAMERAS AREN'T PART OF THE HEIGHT.
HE CAN ADD CAMERAS AND IT DOESN'T, HE DOESN'T NEED A VARIANCE FOR HEIGHT.
WELL, I'M SORRY THAT I'M, I GUESS I MISUNDERSTOOD BECAUSE I THOUGHT THAT SAID IF IT WAS FIXED TO THE COLUMN ITSELF, THE CAMERAS WOULDN'T BE PART OF THE FENCE.
WE'RE JUST COME, WE'RE JUST HERE FOR THE FENCE HEIGHT ITSELF.
THE ANYTHING THAT, ANY ATTACHMENTS OR ANYTHING, THOSE WOULDN'T BE CONSIDERED PART OF THE FENCE.
THEY DON'T NEED TO PERMIT THROUGH THE CITY OF DALLAS FOR A CAMERA.
DOES THAT MAKE SENSE MR. AL? YES.
I'M SIX FOOT, IF I HAD THREE FOOT OF HAIR, I WOULDN'T BE SIX FOOT THREE, I'D STILL BE SIX FOOT
I HAD THE SAME CONFUSION EARLIER.
UM, IF WE HAVE NO MORE QUESTIONS, THEN I WOULD ENTERTAIN A MOTION.
UH, MS. LANG, I'M GONNA GO OUT OF ORDER HERE BECAUSE, UM, I THINK THAT ONE, UH, MOTION NEEDS TO BE ADDRESSED FIRST BEFORE WE CAN TACKLE THE OTHER TWO.
SO I'M STARTING WITH MOTION THREE OF THREE, UM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 3 4 ON APPLICATION OF, SIR, HOW DO YOU PRONOUNCE YOUR NAME? AYA.
AND YOUR LAST NAME? OH GOD, UH, ANALA, YES.
DENY THIS SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION OF SAINT, UH, SOUTH LYNDHURST AVENUE AND LENNOX LANE WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD CONSTITUTE TRAFFIC HAZARD.
I A SECOND, I SECOND THAT MOTION.
UM, SO I HAVE JUST SERIOUS QUESTIONS THERE.
SO THERE'S TWO THINGS THAT HAPPEN WITH A DENIAL.
YOU CAN EITHER DENY WITH PREJUDICE OR WITHOUT, WE DENIED.
THE MOTION THAT'S ON THE FLOOR RIGHT NOW IS TO DENY WITHOUT PREJUDICE, WHICH MEANS THAT, UM, YOU CAN GO AND, AND MAKE SOME ADJUSTMENTS TO, TO MAYBE, UH, TAKE CONSIDERATION TRAFFIC HAZARDS, UM, AND THEN COME BACK IN FROM THE BOARD AT ANY TIME.
UM, TO ME, UM, THAT'S A SIGNIFICANT VISIBILITY TRIANGLE, UH, ISSUE.
[01:40:01]
UM, AND, AND THE FACT THAT WHEN WE MAKE MOTIONS, THEY ACTUALLY, AND IF THEY'RE GRANTED THEY RUN WITH THE LAND.UM, AND, AND WE, WE HAVE TO KIND OF PREDICT WHAT MAY HAPPEN IN THE FUTURE AND IF THERE ARE ELEMENTS WHERE THERE'S SIDEWALKS PLACED AND OTHER ISSUES, YOU KNOW, GRANTING THIS, THIS VARIANCE HERE ON THIS VISIBILITY TRIANGLE COULD CREATE PROBLEMS IN THE FUTURE.
AND ALSO I THINK THERE'S A BIG SAFETY COMPONENT HERE WITH PEDESTRIANS AND VEHICULAR, UH, TRAFFIC.
THAT IS A BIGGER CONCERN TO ME THAN UNFORTUNATELY YOUR, YOUR LOVELY TREE IN YOUR LOT.
UM, SO THAT'S WHY MY MOTION IS HERE.
UH, THAT DOES NOT MEAN THAT WE'RE GONNA DENY THE OTHER MOTIONS.
THIS IS JUST ONE, UM, THAT IS THE BIGGEST QUESTION HERE, UM, THAT, THAT WE'VE STARTED WITH.
ANY OTHER COMMENT? AND I, I CONCUR WITH MS. LAMB.
WE WE'RE NOT DISCUSSING THIS, BUT I, I THINK THAT, UH, I IS NOT GONNA BE AN ISSUE.
IT WAS FOR, IN MY OPINION, BUT I, I HAVE A LOT OF CONCERNS ABOUT REDUCING VISIBILITY TRIANGLE OUT A CORNER.
UM, I HOPE THAT, LIKE SHE SAID, THAT A DENY WITHOUT PREJUDICE WILL ALLOW YOU TO MAKE SOME MODIFICATIONS AND COME BACK WITH SOMETHING THAT WOULD, UH, GIVE US, THAT WOULD MAKE US FEEL MORE COMFORTABLE.
I DON'T THINK I AM GONNA FEEL COMFORTABLE WITH WHAT IS CURRENTLY THERE.
AND SO, UM, THAT, THAT'S KIND OF MY, WHERE I'M COMING FROM.
UH, MR. OTHER DISCUSSION? YES, SHANNON, HOLD ON ONE MOMENT.
UH, I, I'M BEING TOLD THAT, UM, IN REGARDS TO HOLDING OVER, WE NEED TO HOLD OVER ALL THREE.
SO IF THERE'S, IF YOU GUYS ARE ANTICIPATING THAT YOU WANNA HOLD OVER, UH, JUST WANTED TO MAKE THAT AWARE.
SO APOLOGIES FOR THAT UP BEFORE I MAKE MY, FOR MAKE MY COMMENT HERE, SIR, JUST FOR THE UTMOST CLARIFICATION, I DO BELIEVE THAT YOU DID ADDRESS THIS, BUT THE DENIAL OF THIS ONE PARTICULAR MOTION MEANS THAT THE APPLICANT COULD COME BACK WITH THAT'S CORRECT.
WITH REVISIONS TO, TO THE DESIGN DOCUMENTS THAT WE SEE TODAY, TO THE DESIGN DOCUMENTS IN REGARDS TO THE, UH, VISIBILITY TRIANGLE.
IF WE, IF WE DENY WITHOUT PREJUDICE, WHICH IS WHAT THE MOTION
OKAY, SO THEN, WELL, MY STATEMENT STILL STANDS.
ALRIGHT, SO, UM, BASED ON WHAT THE APPLICANT HAS PRESENTED TO US, UM, AND AS FAR AS THE DISCUSSION FROM THE APPLICANT, UM, AND ALSO OUR CITY ATTORNEY HERE, I AM GOING TO SUPPORT THIS MOTION THAT IS ON THE TABLE.
UM, AS I, MY INQUIRY WAS IF THERE COULD BE, UM, IF CONVERSATIONS HAD, UM, OCCURRED WITH THE CONTRACTOR DESIGNER, UM, I DO BELIEVE THAT THERE IS A REMEDY TO THIS.
UM, AND OF COURSE, SAFETY IS THE MOST IMPORTANCE TO US AS WE REPRESENT, UM, THE CITIZENS OF DALLAS HERE.
SO I WOULD, I WOULD BE VOTING SUPPORT OF THE MOTION THAT IS ON THE TABLE.
MR. NUTTLE, DO YOU HAVE ANY COMMENTS? UH, NO, NO FURTHER COMMENTS.
AND JUST THE CHALLENGE THAT WE HAVE HERE IS TYPICALLY WE SEE APPLICATIONS BEFORE SOMETHING'S BEEN CONSTRUCTED.
SO CHALLENGE HERE IS IT'S ALREADY HERE, IT'S OUR EXISTING, SO WE HAVE TO APPROVE BASED ON WHAT'S, WHAT'S ALREADY EXISTING.
SO THERE'S NOT MANY MODIFICATIONS THAT CAN BE MADE.
SO THAT'S THE ONLY OPTION WE REALLY HAVE IS APPROVAL OR DENIAL.
UM, HOLDING OVER WON'T GET US ANYWHERE 'CAUSE YOU'RE, IT'S, IT'S ALREADY EXISTING, RIGHT? SO, UM, THAT'S, THAT'S PREDIC.
MOTION TO DENY WITHOUT PREJUDICE PASSES FOUR TO ZERO.
DO WE HAVE A MOTION? WE HAVE ANOTHER MOTION? YES.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 3 4 ON APPLICATION OF SABA YANA MANDALA GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AN AND OR MAINTAIN A, AN EIGHT FOOT HIGH FENCE ON LENNOX LANE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENTS FOR FENCES CONTAINED OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT MY BRAIN PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHTS AND FENCE LOCATION REQUIREMENTS NOT TO INCLUDE THE PORTION AND THE VISIBILITY TRIANGLE ILLUSTRATE THE MOST RECENT VERSION OF ALL SMITH SITE PLANS ARE REQUIRED.
DO WE HAVE A SECOND? I SECOND THAT, UH, DISCUSSION.
I GRANTED, UH, MOVE TO GRANT THIS OR MADE THE MOTION AT LEAST THAT THE BOARD WANTS TO, TO MAKE A, UM, A DETERMINATION.
UM, I DO APPRECIATE YOUR WORK WITH THE NEIGHBORHOOD AND I I BELIEVE THAT, UM, THIS IS NOT CONTRARY TO PUBLIC INTEREST.
UM, AND YOU MET THE STANDARD ON THESE.
SO THAT IS WHY I APPROVE THIS, OBVIOUSLY WITH THE NEW, UH, UH, LANGUAGE TO EXCLUDE THE PORTION VISIBILITY TRIANGLE.
MR. AL, MR. KING? UM, I, YEAH, I WOULD SAY THAT MY SUPPORT OF THIS MOTION, UM, WITH THE EIGHT FEET, LOOKING AT ALL THE EVIDENCE THAT'S
[01:45:01]
BEEN PROVIDED TO US, UM, AND ESPECIALLY THE CONTEXT WITH THE NEIGHBORHOOD THAT, UM, AN EIGHT FOOT VARIANCE WOULD BE IN LINE.AND THEN ALSO THAT ALL BARS OF THE DALLAS DEVELOPMENT CODE, UM, FOR THIS REGULATION HAVE BEEN MET.
SO, UM, SUPPORT I CON KARATE NOT THINK IT'S, I THINK IT'S WITHIN THE PUBLIC INTEREST TO ALLOW, ALLOW THIS.
WE HAVE THE, UNLESS WE HAVE ANY FURTHER DISCUSSION, AS FOR THE VOTE, MR. CANNON AYE.
I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 3 4 ON APPLICATION OF AYA YANA MANDALA.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN, UH, A SIX FOOT HIGH FENCE ON
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT MY BRAIN PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED.
UH, UH, FOR THE PURPOSE INTENDED DALLAS DEVELOPMENT CODE COMPLIANCE WITH TITAN FENCE LOCATION REQUIREMENTS NOT TO INCLUDE THE PORTION, UM, IN THE VISIBILITY TRIANGLE ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS, UH, SUBMITTED PLANS ARE REQUIRED.
UH, I THINK THE SAME STATEMENT I MADE FROM THE MOTION ONE OF THREE, UM, APPLIES HERE.
ANY OTHER DISCUSSION? I I AGREE.
I THINK IT'S THE SAME, SAME STATEMENT.
WE HAVE THE, UM, VOTE MR. KENON.
MOTION TO GRANT PASSES? FOUR TO ZERO.
AYE, UM, YOU'LL RECEIVE AN ACTUAL LETTER IN THE MAIL FROM THE BOARD STAFF.
YOU WILL HAVE THE OPPORTUNITY TO COME UP WITH A SOLUTION THAT I THINK IT TAKES SAFETY INTO ACCOUNT AND PRESENT THAT TO THE BOARD IF NECESSARY.
OR, UH, POTENTIALLY RESOLVE IT WITHOUT NEEDING, UH, AN EXCEPTION TO THE, TO THE, UM, VISIBILITY TRIANGLE.
SO I, I APPRECIATE YOUR PRESENTATION.
THANK YOU VERY MUCH FOR YOUR TIME.
WE HAVE A MOTION TO ADJOURN? WELL, YES, I, UM, JOE, CAN I MAKE A MOTION TO ADJOURN THIS MEETING AT 2:53 PM ON MARCH 20TH? I SECOND THAT MOTION.
THANK YOU FOR YOUR SERVICE TO THE CITY OF DALLAS.
THE MOTION PASSED AND THE MEETING IS ADJOURNED.
2:53 PM THANK YOU FOR YOUR SERVICE.