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[Board of Adjustments: Panel B on March 20, 2024.]

[00:00:04]

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.

MEMBER.

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.

I SECOND THAT MOTION.

WE, WE HAVE A SECOND.

WE HAVE A MOTION AND A SECOND.

SO I WOULD JUST ASK FOR, UH, THOSE PLEASE VOTE FOR, UH, APPROVAL OF THE MINUTES.

AYE.

AYE.

AYE.

AYE.

AYE.

AYE.

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.

ALRIGHT, THANK YOU.

OKAY.

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.

[00:05:09]

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.

I DO.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

JULIA GUTIERREZ.

4 3 2 0 BLACKHEATH ROAD, DALLAS, TEXAS 7 5 2 2 7.

PROCEED.

THANK YOU.

YEAH, PLEASE PROCEED.

OKAY.

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, , OUR PROPOSAL IS TO BUILD A SMALL IN-LAW SUITE OR WHAT HAVE YOU ON OUR PROPERTY JUST FOR HER.

OH, EXCUSE ME.

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.

OKAY.

BUT I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

OKAY.

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.

THANK YOU.

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.

MM-HMM.

.

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.

IT'S CURRENTLY 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.

MM-HMM.

.

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.

OKAY.

ALRIGHT.

UM, I THINK I DON'T HAVE ANY ADDITIONAL QUESTIONS.

I THINK MR. KOWSKI, YOU ASKED MY PRIMARY QUESTION ABOUT NEIGHBOR OUTREACH.

SO THAT'S ALL I HAVE.

MS. SLAM.

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.

OKAY.

UM, SO IF, SO THIS ISN'T JUST A BLANKET APPROVAL, IT IS

[00:10:01]

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.

OKAY.

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.

I JUST LET MY MOM KNOW.

LET'S BY, DO WE HAVE ANY QUESTIONS FROM EITHER OF OUR VIRTUAL, UH, MR. AL? UH, YES, THANK YOU.

BOARD CHAIR.

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.

THANK YOU.

THANK YOU, MS. GABO.

DO YOU HAVE ANY QUESTIONS? WE DON'T HAVE ANY OTHERS.

OH, YES.

UH, DO WE HAVE ANY, UH, SPEAKERS IN OPPOSITION? NO.

THE SPEAKER REGISTER.

OKAY.

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.

THANK YOU.

SECOND MOTION DISCUSSION.

OKAY.

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.

THANK YOU.

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 CONCUR.

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,

[00:15:01]

PROPERTIES.

SO I'LL ALSO BE SPOKEN WITH THIS.

SO WE HAVE NO MORE, UH, WE'RE DONE WITH DISCUSSION.

WE CAN HAVE THE VOTE.

MS. GIBO? AYE.

MS. LAMB? AYE.

MR. CANNON? AYE.

MR. NATAL? AYE.

MR. KOWSKI AYE.

MOTION PASSES TO GRAND FIVE TO ZERO.

THANK YOU.

THANK YOU.

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.

YEAH, WE CAN.

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.

I DO.

I DO.

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.

UH, NEXT SLIDE PLEASE.

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.

NEXT SLIDE, PLEASE.

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 ROAD, AND THAT'S WHERE THE, THE GARAGE IS AND WHERE THEY'RE SUBJECT TO THE VARIANCE REQUEST IS.

NEXT SLIDE, PLEASE.

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.

UH, NEXT SLIDE PLEASE.

SO, HERE'S OUR REQUEST.

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.

UH, NEXT SLIDE PLEASE.

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.

IT'S BEEN THERE FOREVER.

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.

NEXT SLIDE PLEASE.

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.

NEXT SLIDE, PLEASE.

[00:20:01]

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.

UH, NEXT SLIDE, PLEASE.

IT SHOWS THE EXISTING FENCE AS YOU'RE LOOKING SOUTH TOWARDS THE PROPERTY.

NEXT SLIDE, PLEASE.

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.

UH, SO NEXT SLIDE PLEASE.

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.

NEXT SLIDE, PLEASE.

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.

THANK YOU.

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.

GREAT.

THANK YOU.

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.

I DIDN'T MOVE THE SIGNS.

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.

AND SO, UM, I AM PLANNING TO

[00:25:01]

ADD SOME LANDSCAPING.

OH NO, THAT'S, UM, NO, THAT WAS MY ONLY QUESTION.

THANKS.

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.

RIGHT.

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.

OKAY.

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.

OKAY, PERFECT.

AND SO THEY WERE ONLY, I ONLY HAD TO MOVE 'EM ABOUT 15 FEET.

SO, UH, THE SIGNS WERE VISIBLE FROM BOTH STREETS.

OKAY.

EVEN WHEN THEY'RE, WHEN THE LANDSCAPE PEOPLE PUSH THEM BACK, IT'S NOT LIKE WE HAVE 'EM HIDDEN OR UP ON THE PORCH.

SURE.

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.

I DON'T KNOW.

OKAY.

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.

I, I, I HONESTLY DON'T KNOW.

UH, I KNOW THAT WHEN I WAS OUT THERE THE FIRST TIME TO TAKE PHOTOS, UM, THAT WAS IN FEBRUARY.

OKAY.

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.

OKAY.

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.

IF THAT GETS YOU COMFORTABLE.

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.

THAT IS MY TESTIMONY.

OKAY.

UM, I DON'T KNOW IF ANYBODY ELSE HAD QUESTIONS ABOUT NOTIFICATION ON THIS CASE, MR. AL, YOU'RE GOOD.

ALRIGHT, GOOD.

UM, WE HAVE NO OTHER QUESTIONS THEN I'M OPEN, OPEN TO SOMEONE MAKING A MOVE.

OH, DO, I'M SORRY.

DO WE HA LETTERS THERE? WE HAVE A LETTER OF OPPOSITION.

SO DO WE HAVE ANYBODY HERE TO SPEAK IN OPPOSITION? NO.

THE SPEAKER'S RIGHT.

MR. THANK YOU.

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.

YOU HAVE A SECOND? I SECOND.

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.

SO I THINK THAT

[00:30:01]

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.

READY TO VOTE MS. LAMB? AYE.

MR. KENON? AYE.

MR. NAEL? AYE.

MS. GABO? AYE.

MR. KOWSKI AYE.

MOTIONS.

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.

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.

THE VOTE.

MS. LA AYE.

MR. CANON AYE.

MR. NATAL? AYE.

MS. GABO? AYE.

MR. KOWSKI AYE.

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 PROPERTY, WE FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE OF INTENT OF DOUBT.

DEVELOPMENT CODE COMPLIANCE FOR CAPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED THE MOST RECENT SITE, RECENT VERSION OF ALL SMITH SITE PLANS ARE REQUIRED.

YOU HAVE A SECOND? I SECOND.

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.

MS. LAMB.

AYE.

MR. KENNON? AYE.

MR. NAEL?

[00:35:02]

AYE.

MS. GABO AYE.

MR. KOWSKI AYE.

MOTION PASSES TO GRAND FIVE TO ZERO OUR FOURTH MOTION.

MOTION.

FOUR FOUR.

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.

ALL RIGHT.

DISCUSSION.

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.

WE HAVE HAVE A VOTE MS. LAMB.

AYE.

MR. CANNON? AYE.

MR. NAEL? AYE.

MS. GABO? AYE.

MR. KOWSKI AYE.

MOTION PASSES TO GRANT FIVE TO ZERO.

THANK YOU.

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.

I DO.

OKAY.

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.

THERE WE GO.

THANK YOU.

OKAY.

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.

UM, OKAY.

SO FIRST OF ALL, WE ARE REPLACING A PREEXISTING TWO CAR GARAGE.

UM, THAT WAS ON THE PROPERTY.

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.

SO IT WAS REMOVED FOR SAFETY.

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.

I JUST HAVE A COMMENT.

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.

THANK YOU.

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.

I APPRECIATE THAT.

WE HAD ANOTHER FIRST SPEAKER IN SUPPORT.

YES, MS. DELFI.

OKAY.

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, .

UM, BUT LET'S BE REAL.

SOMETIMES WE NEED SPACE.

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 , IT WAS FUN.

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.

THANK YOU.

DO YOU HAVE ANY OTHER, ANY QUESTIONS? UM, DO WE HAVE ANY SPEAKERS IN OPPOSITION? NO.

THE SPEAKERS REGISTER.

OKAY.

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.

I SECOND THAT MOTION.

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.

I DID.

UH, ANYBODY DO WE HAVE ANY OTHER COMMENTS? CANON GABO, MR. AL? NO.

AND I AGREE.

I AGREE WITH, UH, MS. LAMB.

I'LL SUPPORT THE MOTION.

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.

MR. NAEL? AYE.

MS. LAM? AYE.

MS. GABO? AYE.

MR. KOWSKI 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.

WE A SECOND.

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.

MR. .

ALRIGHT.

AND I, I AGREE WITH MS. LAMB.

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.

MR. KENNON? AYE.

MR. NAEL? AYE.

MS. LAMB? AYE.

[00:50:01]

MS. GABO? AYE.

MR. KOWSKI 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.

I DO.

I DO.

I DO.

OKAY.

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.

AND THAT WOULD BE ACCEPTABLE.

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.

THANK YOU.

AND IF YOU HAVE ANY QUESTIONS FOR ME, LET ME KNOW AND MY HUSBAND'S HERE TO SPEAK TO.

OKAY.

.

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.

IT'S THE HOUSE.

OKAY.

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.

YES.

NINE OF OUR CON OUR OUR CONTINGENT NEIGHBORS CONTIGUOUS, SORRY.

21 SUPPORT.

THANK YOU.

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.

UH, RICK KELLY.

I'M ALSO, UH, THE OWNER OF 58 25.

THANK YOU.

UM, THANK YOU.

AND MAKE SURE YOU, AGAIN, IF YOU COULD POINT THE MICROPHONE UP SO OUR MEMBERS ONLINE CAN, CAN HEAR YOU.

THANK 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