[00:00:02]
GOOD AFTERNOON, AND WELCOME TO THE BOARD OF[Board of Adjustments: Panel C on April 15, 2024. ]
ADJUSTMENT.IT IS 1:02 PM ON MONDAY, APRIL 15TH, 2024.
I AM THE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF ITS PANEL C, WHICH IS US HERE TODAY.
UH, I HEREBY CALL THE MEETING OF BOARD OF ADJUSTMENT PANEL TO ORDER.
OUR PANEL MEMBERS TO MY LEFT ARE JUDY P*****K, ROGER SINGTON, RODNEY MILLIKEN, AND JARED SLADE.
STAFF HERE ARE MATTHEW SAP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKINS, INTERIM BOARD ADMINISTRATOR AND CHIEF PLANNER, DIANA BAR, HUME, DEVELOPMENT CODE SPECIALIST PROJECT COORDINATOR, CAMBRIA JORDAN, SENIOR PLANNER, NORA CASTANEDA, SENIOR PLANS EXAMINER.
JASON POOLE, DEVELOPMENT SERVICES ADMINISTRATOR AND MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.
MS. WILLIAMS IS THERE IN FRONT OF YOU IF YOU NEED TO, UH, SPEAK, UH, OR PROVIDE EVIDENCE OR PROVIDE A, UH, SIGNUP CARD.
BEFORE WE BEGIN, BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THIS HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES 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 MERIT AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO ME A LEGAL USE.
THAT MEANS THAT WE MAKE DECISIONS AT THE PROPERTY LEVEL, NOT THE PERSONAL LEVEL AND NOT AT THE THE ZONING NEIGHBORHOOD LEVEL.
UM, WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING ON OUR WEBSITE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY, MS. WILLIAMS, WHEN YOUR CASE IS CALLED, THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE AS INSIDE.
IF IT IS AT ALL POSSIBLE AND YOU HAVE EVIDENCE THAT HASN'T ALREADY BEEN SUBMITTED, THINGS LIKE PICTURES, ET CETERA, IF YOU CAN SUBMIT THEM SUCH THAT WE CAN SEE THEM ELECTRONICALLY, IT, IT MAKES EVERYONE'S LIFE A LOT MORE SIMPLE.
IF WE CAN ALL LOOK AT THEM AT THE SAME TIME AND COMMENT, UH, THAT WAY WE CAN MAKE SURE THAT WE MAINTAIN A PUBLIC RECORD.
UM, APPROVALS OF A VARIANCE SPECIAL EXCEPTION, UH, REQUIRE 75% OR FOR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY MS. WILLIAMS SHORTLY AFTER TODAY'S CASE 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, UH, DURING THE PUBLIC MEETING TIME.
YOU WILL HAVE UP TO THREE MINUTES TO SPEAK ON, UH, ANY, ANY, UH, TOPIC THAT IS ON OUR AGENDA.
THAT'S IN ADDITION TO, UH, TIME WE SPEND DISCUSSING THE CASES INDIVIDUALLY.
UM, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS AND QUESTIONS ARE BE TO, ARE TO BE DIRECTED TO ME AND, UH, I WILL MODIFY SPEAKING TIMES AS NECESSARY.
AS AS IT IS, UH, THE APPLICANT WILL GET FIVE MINUTES, OPPOSITION, FIVE MINUTES, AND THE, UH, APPLICANT A REBUTTAL OF UP TO FIVE MINUTES.
IF WE NEED TO EXTEND TIME, WE'LL DO IT EQUALLY.
UM, JUST TO BE SURE, IS THERE ANYONE HERE WHO IS SPEAKING AGAINST 55 11 PARK LANE OR 62 42 WALNUT HILL LANE? IF SO, WOULD YOU RAISE YOUR HAND? OKAY.
UM, SO LET'S, LET'S DEAL WITH OUR MINUTES BEFORE THE PUBLIC, UH, HEARING.
SO DO I HAVE A MOTION ON OUR MINUTES FROM LAST MEETING? VICE CHAIR AGS.
MR. SASHING, I HAVE A MOTION REGARDING THE MINUTES, SIR, I MOVE THAT THE BOARD OF ADJUSTMENTS APPROVE THE PREVIOUS MEETING MINUTES FROM OUR, UM, BDA, UM, HEARING ON MARCH 18TH, 2024 AS, UH, THEY HAVE BEEN PRESENTED.
I SECOND THE AGNI ALL IN FAVOR, PLEASE SAY AYE.
OPPOSED SAY NAY PASSES UNANIMOUSLY.
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UM, MS. WILLIAMS, ARE, ARE THERE SPEAKERS FOR THE PUBLIC? NO PUBLIC SPEAKERS REGISTER, SIR.SO WE MOVE ON TO OUR, UH, UNCONTESTED CASES, WHICH IN THIS CASE ARE BDA 2 3 4 DASH OH FOUR TWO, AND BD 2 3 4 DASH OH FOUR THREE.
UH, IN EACH OF THESE CASES, THE BOARD, UH, IS INCLINED TO GRANT THE REQUEST AS WRITTEN IF THE APPLICANT IS THERE AND FOR WHATEVER REASON DOES NOT WANT, UH, WHAT THEY HAVE PREVIOUSLY ASKED FOR TO BE APPROVED.
OKAY? SO YOU DO, OH, YOU'RE GOOD.
DO I HAVE A MOTION ON THE UNCONTESTED VICE CHAIR? AGNEW? I HAVE A MOTION.
MR. STON, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCK DOCKET BECAUSE IT APPEARS FROM MY EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BDA 2 3 4 0 4 2 APPLICATION OF ROB BALDWIN FOR SPECIAL EXCEPTION TO DEFENSE HEIGHT.
REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS.
COMPLIANCE WITH THE HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
BDA 2 3 4 0 4 3 APPLICATION OF SA SHIN PATEL FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATION IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
DDA 2 3 4 0 4 3 APPLICATION OF STATION PATEL FOR A SPECIAL EXCEPTION TO THE FENCE OPACITY REGULATION OF DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? I SECOND THE MOTION.
UM, MS. WILLIAMS IS, UH, HELPING SOMEONE, SO I'LL, I'LL CALL THE ROLL MR. SLATE.
MR. AGNI AYE, UH, MOTION PASSES FIVE TO ZERO.
FURTHER VOTES WILL BE BY ROLL CALL.
UM, SO GOING DOWN THE ORDER, UH, LAKELAND DRIVE MOVED FROM UNCONTESTED, UH, SO LET'S HEAR THAT JUST BECAUSE IT WAS ON THE TOP EVEN, EVEN THOUGH IT'S NOT A HOLDOVER.
SO HERE IS BDA 2 3 4 DASH 26 1 2 0, I'M SORRY, 1 9 0 2 LAKELAND DRIVE.
IF YOU'RE HERE TO SPEAK ON THIS CASE, WOULD YOU STAND AND BE SWORN IN? IS ANYONE HERE TO SPEAK ON THIS? HMM? ARE THERE, IS THERE ANYONE HERE TO SPEAK AGAINST THE CASE? NO, SIR.
UM, MR. ROTEM DID NOT SIGN ONLINE.
SIGN UP ONLINE AND HE'S NOT PRESENT.
WELL, IT'S THE EARLY, IT'S THE BEGINNING OF THE DAY IF YOU HAPPEN TO REACH HIM.
IF IT'S A, WE CAN EITHER MAKE A VOTE ON IT NOW OR CHOOSE TO KICK IT DOWN THE ROAD AND SEE IF THE APPLICANT MAYBE IS ABLE TO BE HERE.
THIS IS THE CASE THAT'S ON THE TOP OF YOUR UNCONTESTED CASES ORIGINALLY THAT WAS PULLED DUE TO, UH, OPPOSITION.
SO DO I NEED TO MAKE, DO I NEED TO MAKE A MOTION TO MOVE IT OR DO WE JUST MOVE ON IF I JUST WANNA MAYBE MAYBE TALK TO IT LATER? YEAH.
SO MY INCLINATION IS TO HEAR IT LATER TODAY, BUT IF ANYBODY, UH, WOULD NOT LIKE TO DO THAT AND MAKE A DECISION NOW, PLEASE TELL ME.
UH, WE'LL MOVE TO OUR HOLDOVER CASE, WHICH IS BDA 2 3 4 DASH 0 3 2 1 4 2 6 MORRELL AVENUE.
IS THERE, IS THERE ANYONE HERE TO SPEAK ON THIS CASE? I BELIEVE MR. ALIYA RODRIGUEZ IS ONLINE.
IS HE HERE TO SPEAK FOR OR AGAINST SUPPORT.
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OKAY, BUT WOULD YOU, UM, BUT UM, THE APPLICANT IS NOT HERE.UH, WELL, WE, WE NEED TO SEE, UH, MR. RODRIGUEZ'S FACE IN ORDER FOR IT TO BE LEGAL.
SIR, IF YOU'RE, MR. RODRIGUEZ, IF YOU'RE ONLINE, CAN YOU PLEASE TURN YOUR VIDEO ON? I SEE YOU.
WOULD YOU BE SWORN IN, PLEASE? YES.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY NAME IS, UH, ELIAS RODRIGUEZ, 7 6 1 0 NORTH THOMAS FREEWAY, DALLAS, TEXAS.
CAN YOU SPEAK A LITTLE LOUDER, PLEASE? YEAH.
ELIAS RODRIGUEZ, 7 6 1 0 NORTH FREEWAY, DALLAS, 7 5 2 4 7.
WE'RE GONNA HAVE TO FIND A WAY TO HEAR YOU BETTER.
IS, IS THERE A VOLUME, UH, OF, ON YOUR, YOUR COMPUTER MICROPHONE? IS THERE, IS THERE A, AN UPTAKE? UH, LET ME WORK ON THIS.
I'M TRYING, CAN YOU HEAR ME NOW? MUCH BETTER.
ELIAS RODRIGUEZ, 7 6 1 0 NORTH DIMON FREEWAY, DALLAS 7 5 2 4 7.
ALRIGHT, UH, COMMISSIONERS, I, I'M ACTUALLY, UH, THE OWNER OF CONSTRUCTION CONCEPTS INC.
AND ONE OF MY STAFF MEMBERS IS THE ONE THAT ACTUALLY SUBMITTED THIS APPLICATION FOR REVIEW.
AND IT'S A VERY, UH, UNIQUE COMPLICATED CASE IN PARTICULAR BECAUSE OF THE THREE ADJUSTMENTS THAT THE CLIENT IS ASKING FOR.
THIS IS AN EXISTING STRUCTURE THAT HAS BEEN BUILT FOR AT LEAST OVER 15 YEARS.
APPARENTLY CODE ENFORCEMENT CAME BY AND, AND STARTED, UH, PROVIDING THE CLIENT WITH NOTICES OF, UH, NO BUILDING PERMITS AS WELL AS STRUCTURES THAT WE'RE ENCROACHING INTO THE SIDE YARD SETBACKS ON BOTH SIDES OF THE HOUSE, AS WELL AS A, A NON-CONFORMING USE ACCESSORY STRUCTURE THAT'S IN THE REAR OF THE HOME, UH, WHICH IS BASICALLY JUST A, A SHED, A TOOL SHED.
AND, UH, WE DID GET A, A REBUTTAL FROM THE BOARD OF ADJUSTMENTS AS WELL AS, UH, OTHER ITEMS THAT THEY ADDRESS REGARDING THE, THE SETBACKS FOR THIS PARTICULAR PROPERTY.
AND OBVIOUSLY THEY'RE, YOU KNOW, THE FIRST REQUEST, SECOND AND THIRD, YOU KNOW, STAFF HAS, UH, I MEAN, I'M SORRY, THE SECOND AND THIRD STAFF HAS RECOMMENDED DENIAL, AND I'LL BE VERY TRANSPARENT AND, UH, WITH YOU, AND I ALSO, IF I WAS IN A STAFF POSITION, WOULD LOOK AT IT THE SAME WAY.
THE FIRST ONE WOULD BE THE HOME WHICH IS BUILT AND HAS BEEN BUILT.
THE CLIENT PURCHASED IT AS IS, AND I'VE EXPLAINED THAT TO THE CLIENT THAT HE BASICALLY BOUGHT WHAT BOUGHT A PROBLEM BECAUSE THE, THE SIDE YARD SETBACK IS ENCROACHING.
UH, I'M SORRY IF SOMEHOW WE, WE'VE LOST YOUR VIDEO AND THE STATE LAW SAYS THAT IF WE CAN'T SEE YOU, IT DOESN'T COUNT.
ARE YOU SEEING THIS VIDEO? I'M SORRY.
OH, I, IT SHOULDN'T, I THINK WE MAY HAVE JUST LOST HIM.
I, I, DO YOU SEE HIM? WELL, WE HAVE TO SEE HIM.
I DON'T, SO I'M SEEING, YEAH, LET'S GIVE HIM A MINUTE TO, I DON'T KNOW.
WELL, I DON'T KNOW WHETHER YOU HAVE A WAY TO CONNECT WITH HIM.
WELL, WE'LL SEE A GOOD ENOUGH A LITTLE BIT.
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CHAIRMAN, WHEN MR. RODRIGUEZ COMES BACK, UM, WOULD YOU MIND CONFIRMING HIS ROLE? I WAS A LITTLE BIT CONFUSED WHETHER HE WAS IN OPPOSITION SUPPORT OR IT SOUNDED LIKE HE WAS THE CONSTRUCTION MANAGER FOR THE PROPERTY.I, SO I DIDN'T UNDERSTAND IF HE WAS, UH, REPRESENTING HIM, THE, THE OWNER OR IF HE WAS JUST IN SUPPORT.
WE'LL ASK BECAUSE IF HE'S ONLY IN SUPPORT AND HE IS NOT REPRESENTING THE APPLICANT, THEN THE APPLICANT HAS NOT SHOWN, AND THEN RULE 11 J COMES INTO EFFECT.
SO THAT, THAT'S IMPERATIVE THAT WE, UH, CLARIFY THAT I READ AND WE, WE WILL ASK, I READ THAT HIS EMPLOYEE, JONATHAN MARTINEZ, IS THE APPLICANT WHO HAS AUTHORIZED ALFREDO OBREGON WHERE I DON'T SEE HIM.
CAN YOU HEAR ME? SO YOU MUTE, WE CAN HEAR YOU, BUT WE NEED VIDEO, UH, WHILE, WHILE OUR ATTORNEY LOOKS AT THAT AND, AND SURE.
YOU'RE WITH, I DON'T SEE, LET'S GIVE IT ABOUT TWO MINUTES AND, AND IF NOT, WE'LL MOVE ON AND COME BACK TO THIS CASE AS WELL.
I JUST TO BE FOR THE RECORD, THE BOARD IS GONNA RECESS UNTIL 1 23, SO WE CAN SOLVE WHATEVER WE NEED TO SOLVE.
AND THAT WAY WE DON'T SIT HERE IN SESSION.
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HIS NAME IS THERE, BUT IT IS NO, THERE'S NO CONNECTION.MR. RODRIGUEZ, IF, UH, LET ME JUST DO THIS IN ORDER.
IT'S 1:23 PM ON APRIL 15TH, THE BOARD OF ADJUSTMENT PANELS BACK IN SESSION.
MR. RODRIGUEZ, IF YOU CAN HEAR ME, WE NEED TO SEE YOUR FACE IN ORDER FOR YOUR TESTIMONY TO BE VALID OR WHATEVER THE CORRECT WORD IS.
AND IF WE CAN'T GET, WE NEED TO MOVE ON IN REFERENCE TO PEOPLE WHO ARE HERE AND, AND WE'LL JUST, UH, WE'LL HEAR THE CASE LATER TODAY.
DOES HE NEED TO BE ALLOWED IN MS. WILLIAMS? IS THAT OKAY? I DON'T SEE HIM.
HE WAS THERE AND THEN HE DISAPPEAR.
UH, LET'S GET A, A CLEAN CONNECTION OR, UH, WORST CASE, UH, MAYBE HE CAN BE HERE BY THE END OF IT.
UM, OKAY, SO THE NEXT CASE IS BD 2 34 DASH 0 4 6 3 1 CANADA DRIVE.
UH, IF YOU'RE HERE TO SPEAK FOR OR AGAINST THIS CASE, UH, PLEASE STAND UP AND BE SWORN IN.
MS. WILLIAMS WILL SWEAR YOU IN.
DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY.
WHEN YOU COME TO THE FRONT, UH, PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
WILL THE APPLICANT PLEASE APPROACH AUDRA BUCKLEY? 1414 BELLEVUE STREET, SUITE ONE 50, DALLAS, TEXAS.
I DO HAVE A PRESENTATION THAT I'D LIKE TO SHOW THE BOARD.
SOMEBODY CAN LOAD THAT UP FOR ME PLEASE.
SO THIS PROPERTY HAS HAD A RESIDENCE ON IT IN THE PAST.
UH, IT WAS THERE FOR OVER 50 YEARS UNTIL IT WAS DEMOLISHED IN 2015.
UH, AS THEY COVERED IN THE BRIEFING THIS MORNING, THIS IS R FIVE, A 5,000 SQUARE FOOT LOT, BUT IT'S, BUT THE LOT ITSELF IS ONLY 1750 SQUARE FEET.
SO IN ORDER TO BUILD A NEW HOME ON THIS SITE, WE DO NEED BOARD OF ADJUSTMENT APPROVAL.
OKAY, SO HERE IS, HERE IS YOUR SITE.
UH, IT DOES NOT CONNECT DIRECTLY TO THE, THE MAIN THOROUGHFARE CANADA DRIVE.
WHAT IT DOES HAVE IN FRONT OF IT IS A FEEDER THAT IS THE OLD BECKLEY RIGHT OF WAY, UH, THAT WAS NEVER ABANDONED BY THE CITY BECAUSE IT PROVIDES ACCESS TO THIS LOT AND NO OTHER LOT.
NEXT SLIDE HERE IS, I HEARD THE QUESTION IN THE BRIEFING, UH, ABOUT LEGAL BUILD SITE.
THERE WAS A HOUSE HERE, THIS IS THE AERIAL FROM 2013 BEFORE IT WAS REMOVED.
AND YOU CAN SEE HERE THAT THE HOUSE WAS ACTUALLY UP ON THE PROPERTY LINE.
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IS ACTUALLY PROVIDING A FRONT YARD SETBACK THAT WASN'T THERE BEFORE OF AT LEAST FIVE FEET.THE HOUSE IS 1532 SQUARE FEET.
WE ARE ASKING FOR A REDUCTION OF 15 FEET TO THE FRONT YARD SETBACK INTO THE PARKING SETBACK, AND OF COURSE A SPECIAL EXCEPTION TO THE VISIBILITY TRIANGLES DUE TO THE SIZE.
NOW, ONE OF THE THINGS THAT WAS NOT BROUGHT UP WAS THE FACT THAT THIS IS IN AN NSOA NEIGHBORHOOD STABILIZATION OVERLAY AND LAHARA FOUGHT HARD FOR THAT NEIGHBORHOOD STABILIZATION OVERLAY AND THE HEIGHT IS LIMITED TO 27 FEET.
SO EVEN THOUGH YOU HEAR THREE STORY, IT'S NOT LIKE IT'S A 36 FOOT STRUCTURE, IT'S CAPPED AT 27 FEET, JUST LIKE ANY OTHER NEW BUILD IN THE AREA.
YES, WE DO HAVE A ROLLING GATE AND IT WILL BE SURROUNDED BY A WALL.
THERE, YOU CAN SEE THE OLD BECKLEY RIGHT OF WAY.
UH, AS INDICATED ON THIS SLIDE, IT IS 43 FEET FROM THE PROPERTY LINE TO THE CANADA DRIVE BACK A CURB.
CAN WE JUST STAY THERE FOR A MINUTE? UM,
OKAY, SO HERE IS WHAT IS CHANGING? UH, THE EXISTING IS 1750 ON THE SIDE AREA THAT STAYS THE SAME.
THE ONLY THING THAT'S CHANGING IS YOUR FRONT YARD SETBACK.
WE HAVE TWO SIDE YARDS BECAUSE WE'RE TRIANGULAR, SO WE'RE KEEPING THE FIVE YARD SETBACKS.
WE DIDN'T ASK FOR VARIANCES THERE.
WE CAN MEET THE LOT COVERAGE OF 45%.
UH, AS STATED, THE HEIGHT IS 27 FEET AND THE PARKING, WE'RE STILL GONNA BE ABLE TO TO PROVIDE THE TWO, BUT IT'S GONNA BE FIVE FOOT OFF OF THAT FEEDER ROAD, RIGHT OF WAY, LINE RATHER THAN 20 FEET.
WHY, WHY DOES IT MATTER WHAT IS EXISTING? IT MATTERS WHAT THE EXISTING RAMIFICATIONS ARE AS FAR AS WHAT THE CODE REQUIRES.
I MEAN, LEGAL OR NOT RIGHT NOW.
RIGHT? EITHER WAY YOU'D HAVE TO HAVE, YEAH, WE'D HAVE TO WHERE IT'S REGARDLESS NEED, WHETHER IT'S EXISTING.
I'M JUST SHOWING YOU WHERE THE DEVIATIONS ARE.
SO HERE IS THE NEIGHBORHOOD STABILIZATION OVERLAY THAT WE HAD TO PROVIDE.
UH, LADA MET ABOUT THIS AND THEIR NEIGHBORHOOD STABILIZATION COMMITTEE MET ABOUT THIS, UH, AND THEY WERE HAPPY THAT WE WERE KEEPING IT WITHIN THE 27TH FEET.
HERE IS A SIDE VIEW, IF YOU'RE LOOKING AT IT FROM PASTOR.
UH, THERE YOU CAN SEE THAT WE HAVE THE GROUND FLOOR THAT HAS A WALL AROUND IT, AND WE'LL SHOW THE FLOOR PLAN IN JUST A MINUTE.
SO HERE'S THE TIME, IS THAT PLEASE CONTINUE.
WE'VE GOT, WE'VE GOT SOME ROOM.
OKAY, SO ON THE BOTTOM LEFT IS YOUR FIRST FLOOR, WILLIAM SHOWS.
I'M SORRY IF YOU KEEP TRACK OF HOW MUCH EXTRA TIME WE, WE GIVE SO THAT WE CAN MAKE SURE YOU GIVE THAT OPTION.
OKAY, SO BOTTOM LEFT IS THE FIRST FLOOR YOU'LL SEE IT'S AN OPEN CARPORT.
UH, UP THERE ON THE NORTH SIDE OF THAT FIRST FLOOR IS THE ENTRY, WHICH IS YOUR MUDROOM, YOUR FOYER BEFORE YOU TAKE THE STAIRS UP.
AND THEN ON THE OTHER SIDE IS A SMALL LITTLE STORAGE UNIT DOWN THERE ON THE BOTTOM, BUT EVERYTHING IN THE CENTER IS OPEN.
THE NEXT ONE TO THE RIGHT IS YOUR SECOND FLOOR PLAN.
THIS IS LIVABLE AREA, AND THEN YOUR THIRD FLOOR.
UH, WE KNOW THAT WE HAD SOME OPPOSITION TO THIS.
SO THESE ARE THE, THE FOLKS THAT ARE HERE IN OPPOSITION, UH, 31, 34 PASTOR STREET WAS ACTUALLY, UH, AND 31, 38 IS IN THE NOTIFICATION AREA.
UM, I HEARD SOME OF THE COMMENTS AND THE BRIEFING ABOUT PROPERTY TAX VALUES.
THEY HAVE DEMOLISHED THE HOUSES THAT ARE PLANNING TO BUILD NEW, FROM WHAT I UNDERSTAND.
SO THEY'RE GONNA BE INCREASING PROPERTY TAXES THEMSELVES.
SO I SEE THAT AS A BOOT POINT.
UH, WE'RE TALKING ABOUT SETBACKS BEING DEVASTATING TO THE, UH, THEY'RE NOT ON THE SAME BLOCK FACE.
THIS IS THE ONLY LOT WITH THE ONLY HOUSE FACING, UH, THAT LITTLE FEEDER ROAD GOING TOWARDS CANADA DRIVE.
AND AS STATED EARLIER, THERE IS 43 FEET FROM THE PROPERTY LINE TO THE MAIN THOROUGHFARE OF CANADA DRIVE.
SO WE DON'T THINK THAT THERE'S REALLY AN ISSUE HERE AS FAR AS TRAFFIC HAZARD, PEDESTRIAN HAZARD, OR, UH, ANYTHING ELSE ALONG THAT LINE.
SO JUST TO BRING IT BACK NOW, WE DO HAVE SOMEONE IN SUPPORT RIGHT THERE.
UM, HE IS ON, HE'S THE FIRST HOUSE ON GOLDEN.
WE ALSO SUBMITTED THREE LETTERS IN SUPPORT FRIDAY AS WELL AS A PETITION OVER THE WEEKEND OF PEOPLE IN SUPPORT.
AND I DO BELIEVE WE HAVE THE LATA NEIGHBORHOOD PRESIDENT WHO'S GONNA BE SPEAKING IN SUPPORT OF THIS AS WELL.
I THINK YOUR TIME IS GONNA BE OUT.
I GOT, SO I THINK YOU'RE THE SPEAKER.
AND THEN WE HAD ONE THAT WAS OUTSIDE THE
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NEIGHBORHOOD THAT WAS TALKING ABOUT, UH, SKYLINES AND AESTHETICS.WELL, AT 27 FEET, WE'RE NOT GONNA BE BLOCKING HIS VIEW OF THE SKYLINE.
AND HE ALSO HAS RAISED PROPERTY, VA, YOU KNOW, PROPERTY VALUES BY BUILDING NEW, WHICH IS A, A VERY BEAUTIFUL HOME BY THE WAY.
UH, EVER WANTED TO SELL IT TO ME, I'D BUY IT.
SO THAT'S THE END OF MY PRESENTATION.
SO I'LL ENTERTAIN ANY QUESTIONS.
OTHER QUESTIONS? I THINK I UNDERSTAND.
THANK YOU FOR THE, UH, PRESENTATION.
UH, ARE THERE SPEAKERS IN OPPOSITION? UH, PLEASE.
I HAVE SOMEBODY ONLINE WITH IN SUPPORT.
WE'VE USED THE TIME THAT'S, UH, I'M SORRY.
I'LL, THE WAY, THE WAY WE WE WROTE THE RULES IS, IS THAT THE, UH, THE APPLICANT GETS TIME, UH, TO SPLIT UP AS IT MAY BE.
OTHERWISE WE, WE WOULDN'T HAVE EXTENDED SPEAKER'S TIME.
SO IF YOU WANNA DO IT THIS WAY, THEN WE'LL SPLIT EVERY SPEAKER.
UH, THAT'S NOT WE, WE EXPLICITLY WROTE IT TO HIM, BUT, WELL, THAT'S, YEAH, I, I KNOW WHAT YOU'RE SAYING.
THAT'S JUST NOT HOW WE WROTE IT.
UM, BUT JUST TO BE ABSOLUTELY FAIR, IF WE HAVE ANOTHER SPEAKER IN ADVANCE, UH, I, I WROTE IT.
UH, SO PLEASE BE, UH, BE RECOGNIZED.
DO WE NEED, DO WE NEED, I'M SORRY, MS. UM, MS. WILLIAMS, I'M SORRY.
DO WE NEED A MOTION TO, UM, SUSPEND THE RULE? NO, NO.
I'M, I'M TAKING THE ADVICE OF, OF MY, UH, MY, ALRIGHT.
CAN YOU, CAN YOU SPEAK UP PLEASE? WE CAN'T HEAR YOU.
I DON'T EVEN SEE ANY OH, YES, I'M SORRY.
I DON'T KNOW WHAT I NOW WE HEAR YOU.
YOU CAN HEAR ME NOW? THERE YOU ARE.
WOULD YOU PLEASE SWEAR HER? OKAY.
DO YOU SWEAR OR AFFIRM TO YOUR, TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY NAME IS MARIA LOSADA GARCIA AND I LIVE AT 24 22 POST BRIDGE ROAD, GRAND PRAIRIE, TEXAS.
I, ALONG WITH MY SIBLINGS, HAVE INHERITED MY PARENTS' HOME AT 32 28 BATAN STREET.
I COME BEFORE YOU TODAY ON BEHALF OF LA BAJA, THE NEIGHBORHOOD COMMUNITY ASSOCIATION, AND AS A HOMEOWNER IN LA ADA, UM, AND ASKING YOU TO APPROVE BDA 2 3 4 0 4 6.
AND I AM THE NSO COMMITTEE CHAIR AS STATED IN MY LETTER.
THIS IS AN ACTUAL TRUE HARDSHIP THAT THE BOARD OF ADJUSTMENT IS MEANT TO REVIEW.
MR. CORRES HOUSE WILL STAY TRUE TO LABA'S NEIGHBORHOOD STABILIZATION OVERLAY BY BUILDING A HOME THAT HONORS THE HISTORY CHARACTER AND PRINCIPLES LAB HEALTH LA BAJA WAS BUILT ON LA BAJA.
THE NEIGHBORHOOD ESTABLISHED IN 1929 WAS FOUNDED ON THE PRINCIPLES OF FAITH, FAMILY AND THE INTEGRITY OF WORKING COMMUNITY.
THE BAHA NEIGHBORHOOD ESTABLISHED THE NSO IN 2012 IN AN EFFORT TO AVOID BECOMING ANOTHER LITTLE MEXICO ERASED BY THE CITY OF DALLAS.
EVEN THOUGH IT WILL BE THREE STORIES, IT WILL NOT BREAK THE 27 HEIGHT LIMIT OF THE NSO.
SHORTENING THE SETBACKS TO THE FIVE FIVE FEET IS UNDERSTANDABLE IN REDUCING THE VISIBILITY TRIANGLE IS NEEDED TO BUILD A 1530 FOOT SQUARE FOOT HOME LIVABLE HOME.
THE SIZE OF HIS HOME IS IN LINE WITH THE NEIGHBORING HOMES IN WHICH NSO IS SUPPOSED TO PROTECT.
HIS 1532 SQUARE FOOT HOME WILL NOT DRIVE UP THE PROPERTY TAXES SUCH AS NEWLY BUILT 2000, UH, 2300 SQUARE FEET HOMES WITH A STARTING PRICE OF 500,000.
BUT RATHER AS TO THE STABILIZATION OF LA BAHAA, ANYONE WHO SAYS DIFFERENT ARE WEALTHY INDIVIDUALS, INVESTORS, AND DEVELOPERS WHO WANT TO CHANGE THE FACE OF LAVA AND ERASE OUR
[00:35:01]
HISTORY IN BDA 2 2 3 0 7 7 33 49 CORNET THE BOA RULED IN FAVOR, ALLOWING THE FOURTH FOUR ELEVATOR TO BREAK THE 27 FOOT HEIGHT LIMIT AND EXTENDED TO 32 FEET.THERE WERE SEVERAL SPEAKERS IN OPPOSITION AND A SLEW OF OPPOSITION LETTERS FROM RESIDENTS, BUT YET THE CLASS FAVORITISM WAS GIVEN TO THE WEALTHY HOMEOWNER.
INSTEAD OF REQUESTING DOCUMENTATION, PROVING IT WOULD COST MORE THAN 50% TO FIX, ESPECIALLY WHEN THE COST TO FIX WAS CHALLENGED BY BRENT BROWN AND ARCHITECT, FOUNDING DIRECTOR OF DALLAS, DIRECTOR OF DALLAS CITY DESIGN STUDIO IN BDA 2 3 4 0 2 0 33 21 CORNETT, THE BOA RULED IN FAVOR OF ALLOWING A SIX FOOT FENCE TO BREAK THE VISIBILITY TRIANGLES, EVEN THOUGH, UM, THE L-B-N-C-A BOARD LEGACY RESIDENTS AND NEXT DOOR NEIGHBORS TO THE RIGHT AND LEFT EXPRESS THEIR OPPOSITION ONCE AGAIN, FAVORITISM WAS GIVEN TO THE WEALTHY AND THE CLA AND THE CRIES OF THE WORKING CLASS RESIDENTS IGNORED.
WE WELCOME DEVELOPMENT THAT RESPECTS THE SCALE DIVERSITY AND CHARACTER OF OUR NEIGHBORHOOD.
HOMES LIKE 32 0 2 WAKE, UM, 35, UH, 3,536 SQUARE FOOT HOME AND 33 0 2 A 2,300 FOOT FOUR SQUARE FOOT HOME HAVE A DIS DESTABILIZING NEGATIVE IMPACT ON OUR COMMUNITY, THESE TYPES OF HOMES.
PLEASE, PLEASE, UH, GO AHEAD AND, AND TAKE A MINUTE IF YOU NEED IT TO, TO, UH, FINISH.
UM, THESE TYPES OF HOME IN SINGLE FAMILY RESIDENTIAL COMMUNITIES WITH HISTORICALLY SMALLER FOOTPRINT HOMES CAUSE GREATER DISRUPTION IN THE FLOW AND FIELD OF THE NEIGHBORHOOD.
FORGIVENESS SHOULD NOT BE GIVEN TO WEALTHY BUILDERS AND DEVELOPERS THAT PLAY THEM AND INTENTIONALLY BUILD HOMES AGAINST THE RULES AND REGULATIONS, KNOWING THAT THEY WILL SEEK VARIANCES AND, AND OR EXCEPTIONS FROM THE BO O.
A MUCH TO OUR DISMAY HAS BEEN THE EGREGIOUS NATURE OF BOA ADJUSTMENTS, PANELS A AND B TO CATER TO THEM.
WILL PANEL C ONCE AGAIN IGNORE THE PRICE OF THE WORKING CLASS AND CATER TO THE RICH AND WEALTHY? OUR HISTORY, CHARACTER AND UN UNPRETENTIOUS WAY OF LIFE ARE WORTHY OF HONOR AND PRESERVATION.
LAJA, THE NEIGHBORHOOD COMMUNITY ASSOCIATION FULLY SUPPORTS MR. CORRES, UM, REQUESTS AND AND REQUESTS PANEL TO BE COURAGEOUS.
UM, THE COURAGEOUS BOA PANEL THAT STANDS UP FOR THE RESIDENTS OF LAVA AND, AND APPROVES BD 8 2 3 4 0 4 6, OUR HOMES, OUR MODEST HOMES AND UN UNPRETENTIOUS WAY OF LIFE ARE WORTHY OF, OF HONOR AND PRESERVATION.
THANK YOU FOR, FOR BEING HERE.
ARE THERE ANY, UH, QUESTIONS FOR HER FROM THE BOARD? UH, THANK YOU ACTUALLY FOR THE, THE, UH, THE, THE BACKGROUND, UM, BOARD OF ADJUSTMENT CASES.
YOU KNOW, THAT, THAT THIS PANEL ISN'T MOUND BY ANY PRECEDENT, EVEN IF IT WERE, EVEN IF IT WERE THIS PANEL, BUT IT, IT DOES MATTER TO KNOW THAT THERE'S BEEN ACTIVITY AND, AND HELP UNDERSTAND WHAT NEIGHBORHOOD ISSUES EXIST.
UH, GONNA GIVE YOU GUYS EVERY, EVERY BIT OF TIME THAT, THAT THE, UH, APPLICANT HAD MR. AG.
UM, CAN WE STATE FOR THE, UH, RECORD THE AMOUNT OF TIME THAT WAS, UM, MS. WILLIAMS, UH, WHAT'S THE TOTAL AMOUNT OF TIME THAT, UM, IT WAS SIX MINUTES FOR THE APPLICANT AND FOUR MINUTES FOR THE, UH, SO 10 MINUTES.
I, I WILL, AS A PRESIDING OFFICER, MAKE IT FAIR AND REASONABLE, WHICH IS MY JOB.
PROBABLY NOT GONNA COUNT EVERY SPLIT SECOND, BUT, UH, SO DO WE HAVE SPEAKERS IN OPPOSITION? I'M SORRY, VICE SIR.
AG NOT TO BELABOR THE POINT, BUT, UH, JUST WANNA BE SURE THAT, UM, UM, WE TRY TO, UH, ADHERE TO THE, THE RULES THAT ARE ESTABLISHED.
UH, SO THERE WAS, THERE WAS 10 MINUTES.
SO THERE'S A TOTAL OF 10 MINUTES THAT'S, UH, GOING TO BE ALLOTTED TO THE OPPOSITION.
SO IT'S FOR THE OPPOSITION TO THEN TAKE THAT 10 MINUTES AND DECIDE HOW THEY WANT TO DIVVY THAT TIME.
I JUST WANT TO PUT THAT OUT THERE.
'CAUSE I DON'T WANT TO, UM, UM, GET A THAT'S CORRECT.
HOW MANY SPEAKERS IN OPPOSITION ARE THERE? THERE'S TWO.
SO ARE YOU GUYS COMFORTABLE DIVVYING UP? 10 MINUTES.
I LEAVE IT TO YOU AS TO HOW YOU WANNA DO IT.
AND OBVIOUSLY ANSWERING OUR QUESTIONS DOES NOT GO AGAINST YOUR TIME.
PLEASE, UH, STATE YOUR NAME AND ADDRESS.
[00:40:01]
PASTOR STREET AND, UH, PURCHASED THIS, UH, PROPERTY BACK IN NOVEMBER.CAN YOU HEAR ME OKAY? HOW ABOUT NOW? YEAH.
SO WE'RE ON TO, YEAH, I DON'T SEE THE LIGHT, BUT MR. SLATE DOES.
UH, YEAH, THE PROPERTY WAS PURCHASED IN NOVEMBER.
UH, THERE WAS NO INDICATION THAT THIS, UH, IRREGULAR PROPERTY WOULD BE ABLE TO BE BUILT ON.
UH, IT SEEMS TO ME THAT IT WOULD BE SUCH AN EGREGIOUS DISREGARD FOR THE CITY'S SETBACK REQUIREMENTS.
UH, GIVING THE SIZE OF THE PROPERTY AS WELL AS THE IRREGULAR, UH, FORM OF IT BEING A TRIANGLE.
UH, I DON'T KNOW HOW MANY SQUARE FEET THE LOT ENCOMPASSES, BUT WITH IT BEING IRREGULAR, A LOT OF IT WOULD NOT BE ABLE TO BE USED.
UM, ALSO, IT'D BE SO CLOSE TO THE, THE STREET THERE THAT IT WOULD, IT WOULD, UH, DEFINITELY HINDER THE, UH, VISIBILITY TRIANGLE, WHICH WOULD CAUSE SAFETY CONCERNS ON A, A ROAD THAT'S ALREADY VERY BUSY NIGHT AND DAY AND GETTING BUSIER.
UM, THERE'S A LOT OF, UH, FAST CARS, ESPECIALLY AT NIGHT.
IT ALMOST SEEMS LIKE IT'S TURNING INTO LIKE A RACING STREET.
UM, IT'S NOT DIRECTLY ON CANADA, BUT THAT ACCESS ROAD IS GETTING USED MORE AND MORE TO BYPASS CANADA.
SO BEING SO CLOSE TO THE STREET, I THINK, UH, ANY CAR PULLING OUT WITH THE LACK OF VISIBILITY, TRIANGLES WOULD BE A VERY BIG SAFETY CONCERN.
UH, IN RELATION TO THIS PARTICULAR PROPERTY, WHERE, WHERE IS YOUR PROPERTY LOCATED? ADJACENT.
ADJACENT TO THIS PROPERTY? ADJACENT TO IT? YEAH.
THERE'S NO CURRENT PLANS TO BE BUILT ON THE PROPERTY.
NOT, I DON'T KNOW IF IT MATTERS OR NOT, IS BROUGHT UP EARLIER.
NO, YOU, WHETHER YOU'RE GONNA BUILD ON IT, I DON'T THINK MATTERS.
IT JUST, UH, I WAS A LITTLE SHOCKED TO EVEN SEE THAT THIS WAS BEING CONSIDERED TO BE BUILT ON, GIVEN THE SIZE, UM, AND THE SURROUNDING HOUSES.
NOTHING EVEN, UH, CLOSE TO THAT SIZE IS BEING BUILT ON.
YOU'RE, YOU'RE TALKING TO CANADA? YEAH, I SEE IT.
ARE YOU, YOU CAN SEE WHAT I'M SAYING? YEAH.
UM, IT'S, UH, IT'S BECOME A VERY BUSY ROAD.
THERE'S CANADA, CANADA AND CANADA.
UH, THE CANADA THAT IS CLOSE ENOUGH LOOKS TO, I GUESS IT, IT IS AN OLD NON ABANDONED EASEMENT.
BUT YOUR UNDERSTANDING OF WHAT IT'S THE ONLY SERVICE? YEAH.
THAT THE SERVICE TO THESE PROPER, DO THESE PROPERTIES GO ALL THE WAY TO THE BACK? LIKE, CAN YOU ENTER THESE PROPERTIES FROM UM, IT WOULD ONLY BE THAT, THAT ACCESS ROAD.
SO THE ONLY WAY IN IS THIS CANADA? YES.
THAT WOULD BE CUTTING THROUGH OUR PROPERTY.
I JUST DON'T SEE THE LOT LINES RIGHT THROUGH.
AND IT WOULD, UH, GREATLY DIMINISH MY PROPERTY VALUE THERE.
HAVING A, A VERY NON-CONFORMING PROPERTY DIRECTLY IN FRONT.
UM, IF CURRENTLY THERE WOULD BE A VIEW, BUT IT WOULD, IT WOULD BE NO VIEW AT THAT POINT.
OTHER, UH, QUESTIONS? I DON'T MEAN TO CUT YOU OFF IF YOU QUESTIONS MS. POWELL.
I, I, UH, IT WAS STATED AT SOME POINT THAT THIS PROP, THIS HOUSE IS GOING TO BE THE O IS THE ONLY ONE ON THAT STREET.
NOW YOU'RE SAYING YOU'RE GOING TO BUILD ON THE PROPERTY NEXT TO IT, WHICH IS NOW VACANT.
IS THAT, IS THAT MY UNDERSTANDING? IT'S VACANT, YEAH.
BUT IF YOU DID IT IN THE FUTURE, IT WOULD AND THAT WOULD BE THE ONLY INGRESS AND EGRESS.
WHAT'S THAT? ANY PROPERTY HERE? THE ONLY INGRESS AND EGRESS WOULD BE OFF OF CANADA.
WHICH HAS BECOME A HIGH TRAFFIC ROAD.
BOTH OF THEM WE'RE SAYING THREE.
THE MAIN CANADA IS ONE WAY EACH WAY, I ASSUME.
AND THE OTHER ONE IS TWO WAY STREET.
IT LOOKS LIKE YOU CAN ENTER FROM PASTOR.
WELL THAT'S WHAT I WAS ASKING, BUT NO, YOU'RE SAYING THROUGH MY PROPERTY WITH THE PHONE? NO, THERE THERE'D BE NO ACCESS FROM PASTOR AWAY STREET, NO ACCESS.
SO YOU CAN GET TO THE PROPERTY FROM PASTOR, BUT YOU CAN'T LIKE THE, UM, MR. UH, TOKI WAS SAYING YOU CAN'T GET TO THE PROPERTY FROM HIS PART.
I GUESS THIS IS WHAT YOU GUYS ARE ASKING, BUT YOU CAN'T ENTER IT THROUGH BECAUSE YOU'D BE WALKING THROUGH HIS PROPERTY.
YOU SO YOU CAN'T GET TO THE SUBJECT PROPERTY.
YOU CAN'T TAKE PASTOR TO GET ONTO THE STREET TO GET YOU TO THE SUBJECT PROPERTY.
BUT YOU CAN'T GET TO THE SUBJECT
[00:45:01]
PROPERTY FROM PASTOR.IT HAS TO BE CANADA RIGHT NOW.
THERE'S ONLY ABOUT THREE PROPERTIES HERE.
MAYBE THAT WOULD BE THE ONLY PROPERTY.
CAN YOU ZOOM, WEIGH IN? SO WHAT WAS THE QUESTION? SO WHAT WE WE'RE TRYING TO FIGURE WHAT I THINK MS. P*****K, BUT YOU TELLING YOU, YOU WERE TRYING TO FIGURE OUT WHETHER CANADA HERE IS THE SOLE INGRESS AND EGRESS FOR THE SUBJECT PROPERTY.
AND THEN I GUESS YOU WERE ASKING ABOUT HIS PROPERTY.
CANADA WOULD BE THE ONLY, UH, INGRESS AND EGRESS FOR THE SUBJECT PROPERTY.
AND GIVEN THE SIZE OF IT, I DON'T KNOW HOW THEY WOULD PROVIDE ANY PARKING THERE.
UM, WHICH I IMAGINE THEY WOULD, THERE WOULD START TO BE STREET PARKING, WHICH WOULD BECOME AN EVEN BIGGER ISSUE GIVEN THE, THE TRAFFIC COUNT ON THAT ROAD.
IS THIS A ROAD? THIS IS YOUR TIME.
UH, ARE YOU ASKING IF CANADA DRIVE WHERE THE YES, IT, THIS PART? YEAH, THE NEAR THE
IT'S A, IT IS, IS THAT A CITY STREET IN ALL RESPECTS? THAT'S IT IS AND IT IS TWO WAYS, RIGHT? YES, IT'S TWO WAYS.
MR. MILLER, MS. JORDAN, UM, IN REVIEWING THIS CASE, UH, WAS TRANSPORTATION.
IF, IF, IF WE'RE BELIEVING THAT THE TRAFFIC IS AN ISSUE OR BECOMING AN ISSUE, WAS, WAS TRAFFIC EVER INVOLVED IN THE STUDY OR REACHED OUT TO, SO TRAFFIC WAS INVOLVED IN THE FACT THAT WE DID REACH OUT TO THEM, BUT WE, THEY WEREN'T, WE WEREN'T GIVEN ANY RECOMMENDATIONS.
UM, WHEN I SPOKE TO DAVID ON, UM, THURSDAY, I ASKED HIM ABOUT IT BECAUSE I HADN'T RECEIVED ANYTHING IN WRITING.
HE HAD REVIEWED THIS, BUT HE DIDN'T HAVE ANY OBJECTIONS.
HE SAID THAT HE WOULD PROVIDE ME SOMETHING, YOU KNOW, IN WRITING TO, HE DOESN'T THE BOARD, BUT I HAVEN'T RECEIVED IT.
BUT HE DID GIMME A VERBAL THAT HE DIDN'T SEE ANY ISSUES.
IN TERMS OF, IN TERMS OF, BECAUSE NOW WE'RE TALKING ABOUT TRAFFIC AND WE'RE, SO IN TERMS OF WHAT DID HE NOT FIND ISSUES? THAT'S ALL THAT HE SAID.
I, UM, I SENT A MESSAGE TO SEE IF WE CAN GET HIM TO HOP ONLINE TO, SO I WOULD ASSUME MR. NAVARRE IS TALKING ABOUT VISIBILITY ISSUES, RIGHT? OR EITHER, UM, UH, LET'S NOT ASSUME IF WE CAN GET HIM RIGHT.
'CAUSE THE FOR ME HAS BASICALLY YEAH.
LIKE NO, OR I HAVE NO OPINION.
WELL, THE REASON I'M ASKING IS I DON'T SEE WHAT I WOULD PERCEIVE TO BE ANY SORT OF EITHER A STOP SIGN OR A TRAFFIC LIGHT CLOSE TO THAT, TO THE, UM, PROPERTY OR INTERSECTION.
WHILE, WHILE SHE TRIES TO GET MR. UH, NAVAREZ, WHY DON'T WE, I HAVE A BAD BACK.
SO MAKING YOU STAND UP, PLEASE FEEL FREE TO SIT DOWN AND STAND BACK UP IF YOU WANT.
I DON'T, WELL, BEFORE, BEFORE, BEFORE WE LET THE, UH, MR. SASH GO, UM, COULD YOU JUST BRIEFLY, UM, IN YOUR TESTIMONY, COULD YOU JUST SUMMARIZE WHAT YOUR, UM, DAMAGE OR WHAT YOUR HARM WOULD BE IN, UM, THIS PRO IF THIS PROPERTY WERE TO BE CONSTRUCTED? WELL, THEY'D BE BUILDING IT RIGHT IN FRONT OF MINE.
UH, IT WOULD BLOCK ANY VIEW OF DOWNTOWN OR OF A POTENTIAL FUTURE PARK THERE ALONG THE LEVEE, WHICH IS ONE OF THE MAIN REASONS WHY PEOPLE ARE INTERESTED IN THIS AREA DUE TO THE, THE VIEW OF DOWNTOWN, THE AESTHETIC BEAUTY.
UM, AND THERE WOULD BE A VERY, UH, IN MY OPINION, UGLY AND EGREGIOUS PROPERTY RIGHT IN FRONT OF IT.
SO IT, UH, DEFINITELY DECREASED MY PROPERTY VALUE SIGNIFICANTLY.
AND THEN IT WOULD ADD TO, UH, PARKING ON THE STREET, MOST LIKELY DUE TO LACK OF PARKING 'CAUSE OF THE SIZE OF THE PROPERTY.
SO IN TERMS OF YOUR, THE PROPERTY THAT YOU'RE SPEAKING OF THAT YOU REFER TO AS YOUR PROPERTY, UM, WHAT ARE THE FUTURE? ARE YOU PLANNING TO BUILD A HOME THERE OR, I MEAN, UH, YEAH, MANY YEARS LATER.
SO YOU DON'T HAVE ANY PLANS RIGHT NOW? SO RIGHT NOW, RIGHT NOW, UH, IF THIS PROPERTY WERE TO BE CONSTRUCTED, YOU DON'T HAVE ANY, I WOULD PROBABLY NEVER BUILD ON IT BECAUSE THE VALUE WOULD BE, SO IT WOULD GO UNDEVELOPABLE UNDEVELOPED.
UM, IN YOUR OPINION, YOU WOULD NOT DEVELOP IT OR EITHER YOU WOULD SELL IT IS IS IS WHAT YOU I WOULD, I WOULD SELL IT, BUT UNFORTUNATELY I JUST BOUGHT IT RECENTLY AND I THINK I WOULD LOSE MONEY BECAUSE OF THAT.
HE HAS WHATEVER RIGHTS HE HAS.
I'M JUST TRYING TO UNDERSTAND HIS, UM, UH, HIS DAMAGE.
[00:50:01]
ALSO JUST GENERAL SAFETY CONCERN DUE TO LACK OF VISIBILITY.UH, THE VISIBILITY TRIANGLE, JUST SUCH AN EXTREMELY SMALL LOT.
I DON'T KNOW HOW ANYONE WOULD PULL OUT SAFELY.
UH, WELL, STAFF HAS SAID IS DEVELOPABLE, UM, IF THAT'S A, THAT'S A CORRECT WORD.
UM, SO I DON'T, I DON'T, I GUESS IT'S, UH, IT CAN BE DEVELOPED, SO YEAH.
UM, YEAH, I GUESS, UH, I, I'VE HEARD YOUR TESTIMONY THAT, THAT THIS, THAT THIS NEAR NEAREST CANADA STREET IS USED, THAT THIS IS NOT ESSENTIALLY AN ALLEY THAT, THAT PEOPLE DRIVE ON THIS PEOPLE DRIVE ON IT, BUT IT'S NOT NATALIE.
PEOPLE WHO DON'T, WHO WOULD NOT USE THIS FOR INGRESS AND EGRESS TO THE PROPERTIES THAT IT, THAT IT IS IN FRONT OF.
THERE'S CARS ON IT ON THIS CANADA, NEAR CANADA, NOT THE, THE INNER CANADA.
I DON'T HAVE A BETTER WORD FOR IT, BUT, BUT OKAY.
UH, WHAT IS ACROSS THE STREET HERE? IT LOOKS TO ME LIKE, AND, AND IN THE DRIVEWAY IT LOOKS TO ME LIKE THIS PUBLIC PARKING.
YOU MEAN ACROSS THE STREET AT ACROSS CANADA? YES.
THAT'S WHAT'S, UM, WE CONSIDER THE SUMP.
THE WHAT? THE LEVEE IS THERE ACROSS.
SO IS THERE PAR, ARE THERE PARKING SPACES? NO, THAT'S ACTUALLY, IT'S THE WAY OF THE FLOOD.
YOU CAN'T BUILD ANYTHING IN THIS AREA.
WHEN YOU SAY PARK, ARE YOU, ARE YOU REFERRING TO THAT STRIPES? IT SEEMED LIKE WHEN
SO THAT'S JUST WHERE THE, THE, THE STREET WAS WIDER AND THEY HAVE LIMITED THE STREET USAGE, LIKE THESE LITTLE THINGS RIGHT HERE? YEAH.
OH, THOSE LOOK LIKE THE LANDSCAPING.
THE GREEN AREA IS THE LEVEE AND THEN THE, SO THE NORTHEAST, WHICH WOULD BE THE UPPER RIGHT CORNER IS WHERE YOU SEE THE RIVER.
SO IF YOU LOOK ON THE RIGHT WHERE HER WAS RIGHT HERE.
SO HERE, RIGHT THERE IS PARKING.
PAVED PARKING OWNED BY THE CITY.
ALL OF THIS UP AND DOWN FOR THE PARK THERE.
BUT IF YOU ZOOM OUT, YOU CAN SEE HOW CLOSE DOWNTOWN IS AND THE APPEAL FOR THIS AREA AND WHY IT SEEMS LIKE THERE'S SUCH A CONCERTED EFFORT TO BE ABLE TO BUILD ON THAT VERY SMALL PROPERTY.
WHICH BRIDGE IS THAT? IS THAT THE, THE MARGARET HUNT BRIDGE? THAT'S MARGARET HUNT.
AND UH, THAT, THAT LEVEE THE RIVER THERE IS WHERE THEY'RE PLAN TO BUILD A HAROLD SIMMONS PARK.
AND NONE OF THESE HOUSES ARE IN A FLOODPLAIN, JUST TO BE SURE, RIGHT? NO, WE CAN'T SAY THAT.
BUT THIS ONE IN YOUR, THE, IS THE SUBJECT PROPERTY, NOT, NOT THE USED PROPERTY.
WE GOT A LARGE PORTION OF THEM ON.
ARE THERE OTHER QUESTIONS? THANK YOU.
MY NAME IS JIM TOMAC AND I OWN 38.
AND JUST TO, TO CLARIFY THE GEOGRAPHY, THE SUBJECT PROPERTY ONLY HAS EGRESS AND ACCESS ALONG CANADA, WHICHEVER PART OF CANADA YOU WANT TO CALL THAT.
WE ONLY HAVE ACCESS TO OUR PROPERTY ON PAST DOOR.
AND THERE, THERE IS NO ALLEYWAY THAT CONNECTS OR ALLOWS FOR DRIVING THROUGH JUST, JUST FOR GOOD ORDER.
UM, I GUESS I WOULD ASK THE COUNSEL HERE, IF SOMEBODY SAID, WE'RE GONNA SELL YOU A HOME AND WE'VE MADE EXCEPTION TO THE EASEMENT AND YOU'VE GOT FIVE FEET TO PULL IN OFF OF A STREET, THAT CAN BE BUSY AT TIMES, AND AS THE OWNER, YOU WOULD HAVE TO DRIVE IN AND THEN BACK YOUR VEHICLE OUT, I GUESS I WOULD ASK YOU, DO YOU THINK THAT WOULD BE VERY SAFE? UH, IN, IN MY MIND, IT CREATES A SAFETY ISSUE THAT I WOULDN'T THINK THE CITY WOULD REALLY WANT TO DEAL WITH.
BACKING OUT ONTO THAT STREET, DAY IN, DAY OUT TO ME SEEMS PROBLEMATIC.
UM, THE, THE, THE HOME, THE WALL COULD GET HIT.
THERE ARE PEDESTRIANS THAT WALK ALONG THERE, AND WHEN YOU SHORTEN THE EASEMENT, WELL PEOPLE ARE JUST GONNA BE, PEDESTRIANS ARE GONNA BE IN HARM'S WAY.
AND, AND THEN FINALLY, YES, IT DOES OBSTRUCT THE VIEW OF THE TWO LOTS MY SON AND I
[00:55:01]
OWN.UM, AND IT WOULD DIMINISH THE VALUE OF IT GREATLY.
SO, UH, 27 FEET BASED ON THAT TRIANGLE, UH, SEEMS PRETTY SIGNIFICANT TO ME.
AND, AND I KIND OF CONSIDER MYSELF JUST TO BE A COMMON SENSE ORDINARY PERSON ABOUT THINGS LIKE THIS.
I GUESS THAT'S REALLY ALL I HAVE TO SAY.
I SEE MR. MILLIKEN THEN, MS. PAUL, MR. TOMAN, MAY I ASK HOW LONG YOU'VE OWNED THIS PROPERTY? WE CLOSED IT ON THE PROPERTIES AT THE SAME TIME.
AND THAT WAS IN WHAT YEAR? NO, UH, LAST YEAR.
I AM TRYING TO DETERMINE HOW MANY POSSIBLE RESIDENCES CAN BE BILLED ON THE CANADA ACCESS, NOT THE MAIN CANADA, BUT THE ONE WE'RE SPEAKING OF HERE, IT LOOKS LIKE ACCORDING TO THE MAP.
WHERE? ONE, I SEE THE TOP TRIANGLE, THE RECTANGLE THAT'S CUT THE TRIANGLE.
TRIANGLE, THE ONE SOUTH OF IT, MAYBE EVEN ANOTHER.
UH, SO YES, THERE'S FOUR PROPERTIES OR LOTS THAT HAVE STREET FRONTAGE OFF OF CANADA DRIVE.
WELL, THE TOP TRIANGLE THOUGH.
YOU, YOU WOULD ACCESS IT OFF OF PAST TOUR.
YOU WOULDN'T HAVE TO ENTER INGRESS AND EGRESS OFF OF CANADA.
RIGHT? YOU DON'T HAVE TO, WOULD DO THE BOTTOM ONE? YOU WOULDN'T HAVE TO, UM, YOU WOULDN'T HAVE TO ENTER OFF WITH CANADA, BUT IT STILL HAS THE STREET FRONTAGE.
SO THE, THE ONLY ONE YOU HAVE TO ACCESS OFF OF CANADA IS THE SUBJECT PROPERTY.
THE OTHERS CAN BE ACCESSED OFF OF GOUL TO THE RIGHT OR PASTEUR TO THE LEFT.
SO THE SUBJECT PROPERTY HERE COULD ONLY BE ON CANADA.
ARE YOU SAYING THAT BECOMES GOLDEN? ARE WE SEMANTIC? YEAH.
I, IT DEPENDS ON WHERE IT BECOMES WHAT, IS THERE A STOP SIGN THAT WE DON'T SEE? HOW, HOW DOES INGRESS SEE? I MEAN, HOW, HOW DOES, UH, MERGING WORK THERE? YEAH, THAT'S A GREAT QUESTION.
I I, I DON'T THINK THERE'S ANY MERGING OR STOP SIGN.
ANYWHERE IMMEDIATELY NEAR THE SUBJECT PROPERTY.
OH, I'M LOOKING AT WHERE CANADA AND GOLDEN, WHEREVER IT IS.
I WOULD IMAGINE THERE'S A STOP SIGN WHERE CANADA AND DEN MERGE.
WE DON'T SEE IT, BUT THAT'S WHAT I'M ASKING.
YEAH, I WAS GONNA SAY, BUT I DON'T, I DON'T, I SHOULDN'T SAY MAYBE.
YEAH, IT'S IN THE VIDEO FOR SURE.
BUT I'M GONNA PULL IT UP HERE.
I'LL TAKE, BECAUSE THE VIDEO TAKES A LITTLE, A LITTLE LONG TO PULL UP
NOW THAT'S NOT THE SECOND PROPERTY.
SO YES, THERE IS A STOP SIGN HERE AT CANADA AND GOLDEN.
SO COMING THIS WAY, THERE IS, THERE IS IF YOU, THERE'S A STOP SIGN.
IS THERE ALSO ANOTHER ONE? COULD YOU DOWN LIKE YOU'RE WALKING FORWARD, UH, YOU SAYING TURN AROUND? WELL I MIGHT AS WELL DO, BUT LET'S JUST GET TO THE END.
SO IF YOU GET TO THE END HERE NOW, IS THERE A STOP SIGN HERE? NO, IT'S ALSO YES, HERBERT.
SO THEY HAVE A STOP SIGN? MM-HMM,
OKAY, SO NOW IF WE GO ALL THE WAY TO THE OTHER SIDE.
ALL THE WAY DOWN AND PAST IT ACTUALLY.
THAT'S SUBJECT PROPERTY, RIGHT? SUBJECT SIDE IS DOWN ON THIS WAY.
SO THERE'S THE STOP SIGN HERE.
THEN THERE'S ALSO A STOP SIGN AT KENNEDY.
IT'S PROBABLY LESS THAN 27 FEET.
UH, OKAY, SO THEN I I I KNOW THAT THIS IS NEXT DOOR TO THE CEMETERY.
SO NOW IF WE GO BACK ALONG LITTLE CANADA.
[01:00:01]
WAY YOU WANT ME TO GO THERE? I'M TOTALLY TURNED AROUND NOW.SO YEAH, THERE, THIS IS THE SUBJECT RIGHT THERE.
NOW IF YOU GO, IF YOU JUST CLICK WHERE, WHERE YOU ARE AND MOVED A LITTLE BIT.
I THOUGHT I SAW WHAT AMOUNTED TO A DRIVEWAY.
YEAH, YOU CAN SIT ON THE BOAT.
SO RIGHT HERE, RIGHT WHERE YOUR CURSOR IS.
RIGHT, RIGHT, RIGHT FROM THAT WHITE CAR IS OUR PROPERTIES.
MR. MILLER, THIS QUESTION IS MORE DIRECTED TO STAFF.
IS I NOT UNDERSTANDING THE OVERLAY FOR THIS DISTRICT? CONCEIVABLY, COULD THE TWO ADJACENT PROPERTIES TO THE LEFT BE REZONED OR REPLANTED, WHATEVER THE RIGHT TERMINOLOGY WOULD BE FOR THOSE TWO PIECES AND TURNED INTO 10 HOMES.
A GATED COMMUNITY, COULD IT BE
UM, SO I CAN SAY THAT LIKE, YEAH, SOMEBODY COULD COME IN AND WITH THE RIGHT AMOUNT OF ED, CPC SUGGESTED IT BE REZONED OR RE PLATTED AND THEN THAT COULD HAPPEN.
UM, WHETHER THAT HAPPENED OR NOT IS ANYONE'S GUESS.
UH, MR. MILLIKEN, ARE YOU ASKING ABOUT DENSITY? LIKE COULD IT BE TOWN HALL? IS THAT WHAT YOU'RE TRYING TO FIGURE OUT? USE? I'M JUST ASKING IF WHAT OTHER USES COULD THIS, THE TWO ADJACENT PROPERTIES POTENTIALLY BE TURNED INTO? IT'S A SINGLE FAMILY DISTRICT.
SO IF ANYTHING ASIDE FROM THAT WAS TO GO THERE, UM, IT WOULD HAVE TO GO THROUGH WE ON THE PROCESS AS UM RIGHT.
ATTORNEY SAP HAS STATED BUT OUTRIGHT ON THE SINGLE FAMILY.
BUT STILL IT COULD GO THROUGH DIFFERENT CHANNELS.
AS IT STANDS, IT'S SINGLE FAMILY.
THEORETICALLY IT COULD CHANGE, BUT THAT'S, YEAH.
THERE'S A LOT OF STEPS AND MILES TO GET TO THAT PROCESS.
I MEAN, EVERYTHING COULD THEORETICALLY CHANGE, RIGHT? EXACTLY.
EVERYTHING COULD THEORETICALLY CHANGE.
I, I DON'T KNOW WHO YOU ARE OR WHERE YOU'RE COMING FROM, BUT YOU DON'T HAVE THE FLOOR.
I LIKE, I I DON'T EVEN KNOW WHO I'M LISTENING.
WITH THE NEIGHBORHOOD STABILIZATION OVERLAY.
OH, I CAN GIVE HER CLARIFICATION ON THAT.
RIGHT NOW THE, THE FLOOR IF I CAN ADDRESS, IF THE QUESTION ABOUT MULTIFAMILY, THE FLOOR IS YOURS.
MY SON AND I OWN ARE 40 BY 100.
I MEAN YOU CAN'T GO VERTICAL THERE.
IT'S, IT'S JUST THE LOTS ARE POSTAGE STEM SIZE.
SO I DON'T THINK ANYBODY IN THEIR RIGHT MIND WOULD CONSIDER REZONING TWO LOTS FOR 10 UNITS.
UH, WE, WHETHER THINGS GET REZONED.
I I THINK I KNOW WE, WHY YOU'RE ASKING.
WE, WE'VE GOT THREE QUESTIONS.
ONE IS WE'RE ESSENTIALLY TALKING ABOUT VARIANCE TO THE FRONT YARD.
THE SECOND IS PARKING AND THE THIRD IS VISIBILITY.
AND THEY'RE INDEPENDENT QUESTIONS, EVEN THOUGH THEY MAY HAVE TO WORK TOGETHER, ALL THREE OF WHICH WE HAVE TO ANSWER.
DID WE GET MR. NAVAREZ? OH, I DON'T KNOW.
NO, IT LOOKS LIKE HE'S OUT OF OFFICE.
UM, UH, FEEL FREE TO WRAP UP IF YOU SAFETY FIRST AND FOREMOST OF PEDESTRIANS AND VEHICLES
[01:05:01]
AND IMPAIRED PROPERTY VALUE DUE TO THE VIEW THAT THEY ARE ALLOWED TO BUILD 2017.THAT'S REALLY MY WRAP UP FOR ALLOWING US TO SPEAK.
THANK YOU FOR COMING DOWN HERE.
ARE THERE ANY OTHER SPEAKERS IN OPPOSITION? HAS THE APPLICANT ASKED TO BUILD ABOVE 27 PEOPLE? NO, THE APPLICANT HASN'T, UH, NO.
THEY, THEY HAVE THE RIGHT BY THEIR NSO MY UNDERSTANDING, UH, SEEING NO OTHER SPEAKERS IN OPPOSITION, THE, UH, APPLICANT HAS A REBUTTAL, CALL IT FIVE MINUTES.
I WON'T NEED THE WHOLE FIVE MINUTES.
UM, BASICALLY THIS IS, THIS IS A LEGAL BUILD SITE.
IT HAD A HOUSE ON IT BEFORE, IT WAS JUST ALL THE WAY UP TO THE RIGHT OF WAY, WHICH IS WHY WE COULDN'T COME BACK IN.
AND PLUS IT WAS DEMOLISHED, UH, DEMOLISHED IN 2015.
THE PROPERTY OWNER PICKED IT UP FOR HIS SON.
HIS SON IS 27, WANTS TO BUILD A HOUSE HERE.
THAT'S WHY THE HOUSE IS SO SMALL.
BUT, UM, THE LOT TO THE SOUTH RIGHT THERE AT THE SUBJECT SITE, THAT LITTLE PIECE CARVE OUT IS ACTUALLY THE BACKYARD OF THE PERSON OVER ON PASTOR.
SO IT'S OWNED BY THE SAME PROPERTY OWNER.
AND THAT LOT RIGHT THERE WOULD BE ALMOST IMPOSSIBLE TO DEVELOP AT THE INTERSECTION OF LITTLE CANADA THAT WE'RE CALLING IT IN GOEN BECAUSE IT'S GOT A 45 FOOT VISIBILITY TRIANGLE ON THAT END.
THEY MIGHT GET SOME OF THAT WAVE AT THE BOARD IF THEY EVER DECIDE TO SELL THAT, BUT RIGHT NOW IT'S UNDEVELOPABLE.
SAME THING WITH THE TRIANGLE UP THERE WITH, UH, PASTOR AND LITTLE CANADA.
THERE'S ALSO A 45 FOOT VISIBILITY TRIANGLE UP THERE.
SO I DON'T KNOW WHAT ANYBODY WOULD DO WITH THAT PIECE.
UM, WE DON'T SEE WHERE IT'S REALLY GOING TO, IF WE HAD HAD THE PIECE TO THE SOUTH, BUT WE COULD HAVE MET THE R FIVE AND WE BUILT THE HOUSE, UM, IT STILL WOULD'VE BEEN 27 FEET IN HEIGHT REGARDLESS.
SO JUST WANTED TO, UH, REITERATE THAT.
I HAVE A QUESTION, UM, JUST FOR MY OWN PERSONAL CLARITY.
IS THAT WHAT WE VIEWED IN THE, UH, UH, GOOGLE WALKTHROUGH? IS THAT A, A PREVIOUSLY A DRIVEWAY ON OUR, ON THE SUBJECT SITE? ON THE SUBJECT SITE? IT WAS SHAPED KIND OF LIKE AN L YOU HAD THE, THE WHERE THEY PARKED, LIKE RIGHT UP ON THE PROPERTY LINE? IT, THERE'S A SLIDE IN MY PRESENTATION.
YEAH, YEAH, THAT'S WHERE IT USED TO SET RIGHT UP ON THE PROPERTY LINE.
FRANKLY, THIS IS WHERE I WISH WE HAD THE ABILITY TO TALK AMONGST OURSELVES BEFORE A MOTION MADE, BUT WE REALLY DON'T.
NO, YOU, YOU MAKE A POINT, YOU, YOU DO HAVE TIME REMAINING IN YOUR REBUTTAL.
IF THE, IF, IF, UH, MS. GARCIA YOU WOULD LIKE TO USE THIS TIME, UH, YOU'RE WELCOME TO.
YOU DO HAVE TO TURN YOUR VID VIDEO ON THOUGH.
UH, UM, I REALLY WOULD LIKE TO, I EDUCATE ON WHAT THE NSL THE NA NEIGHBORHOOD STABILIZATION OVERLAY IS SUPPOSED TO DO.
IT IS SUPPOSED TO PROTECT THE CHARACTER, THE HISTORY AND AFFORDABILITY OF LA BAHAA.
IT WAS SETTLED AS A, AS A WORKING CLASS NEIGHBORHOOD.
AND THESE HOMES THAT ARE COMING IN ARE DESTROYING THE, THE CHARACTER, THE LIVABILITY.
IT'S LEADING TO GENTRIFICATION AND DISPLACING HOMEOWNERS DISPLAY.
IT, IT LEADS TO, UM, AS IT IS CITY OF DALLAS HAS, AS YOU WELL KNOW, A VERY BIG ISSUE WITH AFFORDABLE HOMES.
WE WOULD LIKE TO KEEP LA BAJA AS A NEIGHBORHOOD OF AFFORDABLE HOMES.
NOT BECAUSE, ARE YOU SPEAKING IN FAVOR OF, OF THIS APPLICATION? YES, YOU ARE.
AND, AND THAT'S WHY WE WELCOME HIS APPLICATION BECAUSE HIS HOME LEE LENDS HIS, IT GIVES CHARACT, IT IS GONNA FALL WITHIN ADA'S CHARACTER AND NEIGHBORHOOD.
THIS IS A COMMUNITY THAT HAS FOUGHT LONG AND HARD EVERY SINGLE TIME
[01:10:01]
TO PROTECT WHAT WE HAVE ESTABLISHED.WE, OUR, OUR OUR HOMES ARE, ARE HUMBLED, UNPRETENTIOUS, WE PLACE OUR VALUES IN FAMILY, IN COMMUNITY.
AND WHEN YOU HAVE THESE $500,000 HOMES COMING IN AND, AND, AND JUST, JUST TOTALLY DISREGARD FOR THE FAMILIES THAT HAVE BUILT LA BAJA.
AND WHEN THEY SAY, OH, IT'S GONNA BLOCK THE, THE, THE, THEY'RE SETTLING HERE FOR THE SIGHT LINES OF, OF DOWNTOWN DALLAS.
THAT IS SOMETHING THAT IS SO UN THAT IS SOMETHING THAT IS JUST SELFISH, I THINK.
AND BECAUSE WHEN WE SETTLED IN LA BAJA, IT WAS TO, BECAUSE IT WAS ACCESSIBLE TO WORK IN, IN DOWNTOWN.
MY FATHER HELPED BUILD THE LE MY GRANDFATHER HELPED BUILD THE LEVIES THAT PROTECT THE CITY OF DALLAS.
MY FATHER, FATHER WAS HONORED BY THE FELIX LOSADA GATEWAY FOR THE, FOR ALL OF THE WORK THAT HE DID IN WEST DALLAS TO HELP BUILD A BETTER QUALITY OF LIFE FOR ALL OF THE RESIDENTS.
AND, AND THIS IS THE HISTORY THAT WE HAVE.
WE HAD OUR, A LOT OF OUR RESIDENTS WERE WORLD WAR II, UM, VETERANS.
AND I BET THEY DON'T EVEN KNOW THE HISTORY OF WHAT THE, THE STREET NAMES OF LAVA HAA.
SO MARY DID I HEAR YOUR BUZZER.
WE WANT TO PROTECT OUR COMMUNITY AND THESE HOMES, UM, THAT ARE, ARE, ARE, ARE BEGINNING TO GET, UM, THAT ARE COMING AND BEING BUILT NOW IS DESTROYING THE WAY OF LIFE IN LA BAJA.
MS. MS P*****K HAS A QUESTION FOR YOU.
I WANNA JUST CLARIFY SOMETHING.
YOUR, YOUR NEIGHBORHOOD ASSOCIATION SUPPORTS THE CONSTRUCTION OF THIS HOME BECAUSE IT IS BEING BUILT BY THE HOMEOWNER WHO WILL REMAIN AS A RESIDENT OF LATA AND HE IS CONSTRUCTING THIS HOME, KEEPING WITHIN THE NEIGHBORHOOD OVERLAY AND THAT FITS THE CHARACTER OF THE NEIGHBORHOOD.
IT IS NOT GOING TO DIS DESTABILIZE OUR NEIGHBORHOOD AS THESE OTHER HOMES HAS.
THIS HOUSE, IN PART BECAUSE IT'S NEW, DOESN'T REALLY LOOK TO ME LIKE THE HOUSES I SEE IN OUR DRIVE THROUGH DRIVER, WITH THE EXCEPTION OF ONE.
UM, AMONGST OTHER THINGS, IT'S TALL, IT'S NEW, IT'S, UH, I HAVE NO IDEA WHAT IT WILL COST.
SO WHAT, WHAT DO YOU, HAS ONE OF THESE HOUSES DESTABILIZED THE NEIGHBORHOOD? HAS IT CHANGED IT? WHAT, WHAT, WHAT ARE YOU, UM, WHAT ARE YOU WORRIED ABOUT SPECIFICALLY TO SPEAK TO SOMEBODY WHO DOESN'T KNOW YOUR NEIGHBORHOOD AND ISN'T THERE AND DOESN'T IS, ISN'T WELL VERSED IN THE HISTORY.
FOR ONE THING, IT HAS REALLY, THESE HOMES HAVE JUMPED THE PROPERTY TAXES OF LAVA HABA TO THE POINT TO WHERE WE HAD TO GO AND FIGHT WITH THE, UM, DALLAS, UH, COUNTY APPRAISAL DISTRICT BECAUSE THEY OVERCHARGED LA BAJA THE RESIDENTS AND WE WON BECAUSE THEY, YOU HAVE THESE, UM, BECAUSE THERE WERE, THERE WERE INVESTORS WHO CAME AND BOUGHT LAND, SETTLED ON, JUST SAT, SAT ON THEM, AND DID NOT BUILD THE D SELECTED FIVE OF THOSE LOTS THAT WERE UNDEVELOPED TO CHARGE TO, TO ASSESS THE PROPERTY TAXES.
AND, AND THAT IS AGAINST, UM, PROPERTY CODE BECAUSE THEY HAVE TO, YOU KNOW, SELECT FIVE HOMESTEADS.
I, I WANNA FOCUS YOU, YOU AND I, I, I HEAR WHAT YOU'RE SAYING.
UM, ANYBODY WHO'S HAD THE GOOD FORTUNE TO GO PROTEST THEIR TAX RATES, UH, WILL HAVE EMPATHY HERE.
SO IN THE TIME WE HAVE, YOU ARE COMFORTABLE WITH THIS HOME AS IT'S BUILT.
UM, YOU WOULD, UH, YOU WOULD HAVE US, UH, ACCEPT THE, OR VARY THE SIGHT LINES, UH, THE LOT COVERAGE,
[01:15:01]
ET CETERA.AND YOU FEEL LIKE THAT DOESN'T POSE, UH, POSE A THREAT TO, TO SAFETY IT.
WE DON'T ET IT REALLY WILL NOT POSE A THREAT BECAUSE YES, THERE IS TRAFFIC THAT CUTS THROUGH THAT.
UM, THE FRONTAGE CANADA IS WHAT WE CALL IT, UM, AS OPPOSED TO THE MAIN, MAIN STREET.
BUT IT IS NOT TO THE, TO THE AMOUNT WHERE HE, IT WILL CAUSE AN ACCIDENT WHEN HE BACKS OUT, BECAUSE THERE IS THOSE STOP SIGNS AND THE OTHER PROPERTIES WILL NOT BE AFFECTED BECAUSE ALL OF THOSE TWO PROPERTIES, UM, ENTRANCES AND WILL BE, WILL BE FROM PASTURE.
AND, AND IF THAT CORNER LOT, UM, BUILDS THE ORIGINAL HOME WAS, OR WAS FACING PASTURE, THE, SO, SO HIS HOME IS NOT GOING TO IMPEDE ANY OF THE OTHER IN VISIBIL, UH, TRIANGLES.
UH, MR. SINGTON? I'M SORRY, MS. JORDAN.
I DID, I DID WANNA COMMENT THAT THE, UM, LOCATION AT 31 38 PASTURE STREETS, OH, THEY DO HAVE STREET FRONTAGE OFF OF CANADA DRIVE.
SO IF THEY WANT IT TO BACK OUT, THEN UM, BACK OUT INTO CANADA DRIVE, THEY COULD, BECAUSE THEY HAVE THAT STREET FRONTAGE.
THANK YOU, MR. AND I'M SORRY, UM, TO THE, UM, UH, SPEAKER, I KNOW THAT YOU SAID THAT YOU ARE THE CHAIR OF THE, UH, NSO AND YOU ARE, UH, I, I JUST WANNA CONFIRM YOU ARE SPEAKING AS THE CHAIR OF THE NSO PERSONALLY, OR ARE YOU AUTHORIZED TO SPEAK ON BEHALF OF THE NSO IN THIS PARTICULAR CASE? BECAUSE THAT'S TWO DIFFERENT, THAT'S TWO DIFFERENT THINGS.
I'M AUTHORIZED TO SPEAK ON BEHALF OF THE NSO AND FOR LAJA, THE NEIGHBORHOOD COMMUNITY ASSOCIATION.
YOU WROTE US THIS LETTER ON APRIL 10TH ON LETTERHEAD OF THE NEIGHBORHOOD.
I JUST WANNA BE, JUST WANNA CON CONFIRM THAT, UM, THAT THAT PARTICULAR POINT, BECAUSE YOU CAN, YOU CAN BE A MEMBER OF THE, UM, THE BOARD OF ORGANIZATION, BUT THAT DOESN'T MEAN THAT YOU HAVE THE AUTHORITY TO SPEAK ON BEHALF, UM, IN, IN A PARTICULAR CASE.
SO I JUST WANTED TO CONFIRM THAT.
OUR TIME IS UP, SO LET'S CLOSE THE PUBLIC HEARING AND, AND I SEEK A MOTION AND LET'S, LET'S, WE HAVE THREE DIFFERENT MOTIONS THAT WE HAVE TO DEAL WITH.
MR. SASH, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 0 4 6 ON APPLICATION OF ANDRA BUCKLEY GRANT, THE 15 FOOT, THIS IS 0 4 6, RIGHT? THE 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATION REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY, PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE OF THE INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I SECOND MR. MILLIKEN SECOND DISCUSSION, MR. SINGTON? UM, I DON'T, I JUST FROM THE TESTIMONY THAT WE, WE HEARD TODAY, UM, FROM THE APPLICANT AND FROM THE, UH, NSO, UH, SO TO SPEAK, I, AND ALSO THE, THE OPPOSITION, I STRUGGLE TO FIND WHERE THERE'S A PUBLIC HARDSHIP, UM, WITH, UM, GRANTING THIS, UH, REQUEST.
I, I, I DON'T SEE WHERE THERE'S, I DON'T SEE A PROBLEM WITH IT.
AND WHERE, WHERE THE, THE MOTION YOU JUST MADE IS THE FRONT YARD SETBACK MOTION.
RIGHT? UM, FRONT YARD SETBACK BEING DIFFERENT THAN, OKAY.
I DON'T REALLY HAVE A COMMENT ON THIS.
MS. P*****K, MS. MILLI AND MR. SLATE.
I, I DON'T, THIS IS ONE THAT'S EASIER FOR ME THAN THE OTHER.
SO, UH, WILL YOU PLEASE CALL THE VOTE? MS. P*****K? AYE.
[01:20:01]
PASSES.WE HAVE A, A SECOND MOTION VICE CHAIR.
MRS. I MOVE THAT THE BOARD OF ADJUSTMENTS APPEAL NUMBER BDA 2 3 4 0 4 6 ON APPLICATION OF AND BULLOCK BUCKLEY GRANT THE 15 FOOT VARIANCE TO OFF STREET PARKING REGULATION REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE FISCAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I SECOND MR. MILLIKEN SECONDS.
OKAY, SO WHERE'S EVERYBODY GONNA PARK? WHERE'S EVERYBODY GONNA PARK? WHERE ARE PEOPLE PARKING NOW? WELL, IT'S NOT BUILT WHERE EVERYONE ELSE HAS PARKED OVER THE YEARS IS PARK IN THEIR DRIVEWAY.
I MEAN, THEY'RE, THEY'RE OH, WHAT CITY OF DALLAS IS CURRENTLY IN, IN TRYING TO ENFORCE THE NO PARKING REGULATIONS.
SO I DON'T THINK, I THINK IT'S A MOOT POINT.
MOOT WHY THE CITY OF DALLAS IS ENGAGED IN PASSING ORDINANCES OR WHATEVER ONE WANTS TO CALL IT, UH, WITHOUT MAKING ARRANGEMENTS FOR PARKING.
JUDY, I I DEEPLY APPRECIATE THE RESTRAINT, WHICH YOU USED IN A STATEMENT.
SO I VERY MUCH APPRECIATE, YES.
UM, MR.
I I SHOULD HAVE, I I MEANT VISITORS THE CUMMINGS AND GOINGS.
I'M NOT SAYING THE VALET PARKERS CAN FIGURE THAT OUT.
ARE WE MAKING THE SAME EVALUATION OF EVERY OTHER HOME? BECAUSE THE TESTIMONY WE HEARD WAS THERE ARE POSTAGE STAMP SIZE LOTS.
I THINK THIS IS A LITTLE DIFFERENT THAN YOUR AVERAGE QUOTE STREET.
IT, IT'S CERTAINLY, I I DON'T KNOW EXACTLY WHAT STANDARD I OUGHT TO BE USING OTHER THAN, THAN, UM, YOU KNOW, NORMALLY YOU, YOU'VE GOT A RELATIVELY LONG STREET WHERE IN THEORY THE, THE PUBLIC FRONTAGE IS USED BY DIFFERENT HOUSES OVER DIFFERENT PERIODS OF TIME.
UM, OF COURSE, UNLESS, I DON'T KNOW, TAKE, TAKE PARTS OF GREENVILLE AVENUE WHERE ALL OF A SUDDEN YOU CAN'T FIND A PARKING SPACE.
I, UM, BUT YOU KNOW, I'M ASKING, UM, MR KNOW, IT'S BEEN MY UNDERSTANDING, BUT I MIGHT BE WRONG ON THIS, THAT, UM, THAT IS CONSIDERED BY TRANSPORTATION IN THEIR SURVEY.
WHAT DOES THAT MEAN? THAT MEANS THAT WHEN MR. VEZ SURVEYED THIS, THAT WOULD'VE BEEN CONSIDERED.
THAT'S, THAT'S THAT WOULD, THAT'S MY THINKING IS THAT MR. MR. NAVAREZ VERBALLY, UM, DID NOT OBJECT VERBALLY.
UM, I DON'T, I DON'T, I DON'T WANT TO, I I DON'T HAVE ANY GREAT OPPOSITION FOR THIS.
I, I DON'T, I DON'T KNOW IF I, I DON'T KNOW IF I'M, UM, IN, IN LEGAL, UM, OUR ATTORNEY CAN CORRECT ME IF I'M WRONG.
I DON'T WANNA SPEAK FOR MR. LAVAR.
WELL, WE DIDN'T RECEIVE ANYTHING IN WRITING.
HOSKINS TESTIFIED CONVERSATION WAS OFF RECORD TYPE ATION.
LAST I CHECKED, YOU TESTIFIED YOU PUT IT ON RECORD
SO IF YOU, IF YOU WANNA RETRACT THAT NOW'S THE TIME TO DO IT.
BUT I MEAN, NO, YOU TALKED TO HIM AND HE SAID YES, WE SAID THAT.
SO WHEN WE TALKED, WE TALKED ABOUT THIS UPCOMING WEEK, AND HE SAID THAT HE KNEW THAT HE NEEDED TO GET SOMETHING TO ME.
BUT HE DIDN'T HAVE ANY, HE HAD NO OBJECTION.
BUT AGAIN, THAT WAS VERBALLY AND NOT RIGHT.
SO, YOUR HONOR, WOULD THAT BE CONSIDERED HEARSAY? CAN WE STRICKEN, CAN WE STRICKEN THAT COMMENT FROM, FROM THE RECORD? OKAY.
THERE WAS A HOUSE ON THAT PROPERTY FOR MANY, MANY YEARS AND I ASSUME THEY MANAGED TO THE PARKING ADEQUATELY.
THERE A THIRD MOTION VICE CHAIR.
[01:25:01]
BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 0 4 6 ON APPLICATION OF AUDRA BUCKLEY GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE ON CANADA DRIVE AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
THE FIRST TWO I WAS PRETTY COMFORTABLE SUPPORTING.
THERE IS A HARDSHIP THAT COMES WITH BEING SMALL AND IRREGULARLY SHAPED.
I THINK THAT'S PRETTY, UH, STRAIGHTFORWARD.
UM, HOWEVER, HAVING A HARDSHIP DOESN'T NECESS NECESSITATE THAT EXACTLY WHAT SOMEBODY'S ASKING TO DO MUST BE APPROVED.
SO HERE, I I I ASK ABOUT WHAT DOES THE SHAPE, SIZE, ET CETERA REQUIRE THAT THE VISUAL OBSTRUCTIONS AS THEY ARE EXIST.
UM, I DON'T EVEN KNOW OFF HAND HOW HIGH THE GATE IS THAT WE'RE LOOKING AT, BUT I CAN FIND OUT.
WELL, WE'RE TALKING ABOUT A ROLLING GATE, ARE WE NOT? WELL, THERE IS A ROLLING GATE.
THERE'S SOMETHING THAT IS CREATING THE VISUAL OBSTRUCTION.
AND THERE HAS TO BE AN IN AND OUT AND THERE ARE NO OPENING DOORS AND THERE IS A A, A WALL
SO, AND THAT, THAT'S WHAT'S CREATING THE, THE, UH, THE NEED FOR, UH, VARIANCE TO THE, UH, OBSTRUCTION.
BUT I WOULD, I WOULD AGAIN, UM, VICE CHAIR, UH, AGNES, UM, GO BACK TO, UM, THE PREVIOUS TESTIMONY THAT THERE WASN'T, THERE WASN'T A PROBLEM THAT WAS RAISED BY ANY OF THE AUTHORITIES THAT, UM, THAT REVIEWED THIS FOR THAT PARTICULAR FACT.
THEN AGAIN, THAT'S WHY THEY NEED US.
MS. P*****K LOOKING AT THE, UH, DIAGRAM HERE.
THERE THE START THE WALL YOU'RE REFERRING TO IS THE WALL TO THE STORAGE UNIT.
AND IT LOOKS LIKE THERE'S QUITE A BIT OF SPACE BETWEEN THAT AND THE STREET.
'CAUSE THERE'S A TREE PLANTED THERE.
I SEE AUTOMATIC ROLLING GATES.
BUT IT'S, IT IS WHAT IS CREATING A GLUE.
THAT'S WHY THIS VISIBILITY TRIANGLE HERE IS BEING
HOW IF IT ROLLS THE OTHER WAY, JUST LOOKING AT IT RIGHT NOW, IT MAY NOT BE JUST THE GATE VICE, JUST MR. I THINK IT MAY NOT JUST BE THE GATE DOING IT, IT'S THE FENCE.
BUT WE'RE ALL LOOKING AT, UM, THE RECORD AT PAGE 1 26.
UH, THAT AND, AND THE SUPPLEMENT.
BUT YES, THAT IS WHAT I'M LOOKING AT.
OH, WE, I I, WE WERE TRYING TO ASCERTAIN WHAT IS EXACTLY TRIGGERING THE OBSTRUCTION THAT, THAT WE'RE BEING ASKED TO VARY.
AND UH, MY UNDERSTANDING IS THAT IT IS THIS ROLLING GATE.
BUT I'M, MR. STATE INTERRUPTED.
I THINK WE'RE ALL LOOKING AT THE SAME THING.
WE'RE LOOKING AT WHAT'S ON PAGE 1 26.
AND ALSO MR. SASHEN MAKE SURE WE DO THIS ON, ON THE RECORD.
UH, THE QUESTION IS, UH, WHAT IS CAUSING THE APPLICANT'S IN NEED OF VARIANCE FOR THE VISIBILITY TRIANGLE? AND WE'RE TRYING TO ASCERTAIN
[01:30:01]
FROM THE DIAGRAMS THAT WE HAVE, WHAT'S PROMPTING IT? IS IT NOT THE PRESENTATION? UM, RIGHT HERE.JUDY HAS IT RIGHT IN FRONT OF HER.
SO THE SPECIAL, EXCEPT IT'S A SPECIAL EXCEPTION FOR THE VISIBILITY OBSTRUCTION, WHICH IS THE VISIBILITY TRIANGLES.
IF YOU NOTICE IT, THE ONE THAT JUDY IS HOLDING UP THAT THE PAPER THAT YOU HAVE IN YOUR HAND, IN YOUR LEFT HAND.
SO THOSE TRIANGLES THAT ARE SHADED GRAY, BASICALLY BECAUSE THE LOT IS REGULARLY SHAPED, THE, THE FENCE HAS TO BE SO CLOSE TO THE STREET THAT THAT IS WHAT IS IMPENDING INTO THOSE GRAY TRIANGLES.
THOSE GRAY TRIANGLES ARE THE VISIBILITY TRIANGLES.
AND THAT IS WHY THEY REQUIRE THE SPECIAL EXCEPTION TO BE NON-COMPLIANT WITH WHAT WOULD TRADITIONALLY BE THE VISIBILITY TRIANGLE RULE.
SO IT'S A, A LITTLE PART OF THE STORAGE AREA AND A LITTLE PART OF THE GATE.
DID YOU TRY ANYTHING? SO HERE YOU SEE, I'M GONNA TRY TO NARRATE WHAT YOU'RE POINTING AT SO THAT EVERYBODY CAN SEE YOU'RE POINTING AT THE BOTTOM RIGHT BLUE TRIANGLE.
SO EVERYTHING THAT'S ALL OF ALL OF THIS IS ENCROACHMENT TO THIS, UM, 20 FOOT VISIBILITY TRIANGLE.
AND BECAUSE OF THE OPACITY, IT'S A SOLID WALL.
SO THE YES, IN MY OPINION, THE ISSUE IS YOU GOT PEOPLE BACKING IN AND OUT.
UH, THAT'S, THAT'S THE QUESTION.
BUT FLIP SIDE OF THAT IS IT, IF IT'S A VERY RARELY USED ROAD, BUT THAT'S DECISION WE HAVE TO MAKE, IN MY OPINION.
NO, THAT IS QUESTION OF WHO USES THIS, MR. SETH? I, I'VE SAID WHAT I THINK, I, I, FOR WHAT IT'S WORTH, I'M NOT, I HOPE I DON'T REGRET THIS.
I DON'T THINK LITTLE CANADA IS SO HEAVILY TRAFFICKED THAT BACKING OUT BECOMES A PUBLIC SAFETY ISSUE.
I DID, HOWEVER, SEE PEOPLE WALK IN WITH DOGS IN THE DRIVE AND THERE'S A, THERE'S A PARK ACROSS THE WAY.
WHAT? WELL, NO, I AM, I SAW HER DRIVE PART OF THE PUBLIC RECORD.
THAT'S THE EXTENT THAT ANYBODY ELSE WANNA COMMENT THIS WILLIAMS? MR. MILLIKEN? AYE.
UH, THANK YOU FOR COMING DOWN HERE.
SO WE'RE NOW TO THE TWO CASES WHERE WE HAVE EITHER ATTENDANCE OR TECHNOLOGICAL ISSUES.
THE APPLICANT FOR HER, UH, BD 2 3 4 0 2 6 IS HERE.
OH, UH, BOARD IS GOING TO RECESS UNTIL 2 40, 2 41.
[01:40:39]
IT[01:40:39]
IS 2 42 AND 50 SECONDS.AND BOARD OF ADJUSTMENT PANEL C IS RECONVENED.
WE ARE NOW TALKING ABOUT BDA 2 3 4 DASH 26 9 2 LAKELAND DRIVE.
MY UNDERSTANDING IS THE APPLICANT IS HERE.
WOULD YOU, UH, BE SWORN IN AND STATE YOUR NAME AND ADDRESS AND THEN COME TALK TO US? YES, PROBABLY DO IT IN SOME ORDER.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
CAN YOU HEAR ME BETTER NOW? SORRY.
I'M TON FAROOK AND I'M, I'M HERE 4 19 0 2 LAKELAND DRIVE, DALLAS, TEXAS 7 5 2 1 8.
UH, FIRST OF ALL, I WANTED TO APOLOGIZE, UH, FOR BEING LATE, BUT I WAS SENT NEXT DOOR.
I GUESS THEY THOUGHT I WAS SUPPOSED TO GO ON THIS HEARING, SO I ACTUALLY WENT OVER THERE AND SAT THERE AND THEY'RE TALKING ABOUT DART AND I, I DON'T THINK I'M IN THE RIGHT PLACE, SO I GOT OUT AND ASKED SOMEBODY ELSE.
SO, SEEMS LIKE
AND I LITERALLY, I SAT THERE FOR, FOR ABOUT 12 MINUTES AND I'M LISTENING TO THEM TALKING ABOUT IMPROVEMENTS IN DART AND I'M, I DON'T THINK I'M IN THE RIGHT PLACE.
AND THAT'S MY FIRST TIME HERE.
I WOULDN'T WISH THAT ON ANYONE
BUT I ALSO, IT WAS VERY IMPORTANT FOR ME TO SIT AND HEAR ALL THAT.
UH, IT WAS ACTUALLY VERY, UH, A LOT OF KNOWLEDGE THAT I GAINED FROM THAT.
SO ACTUALLY IT WASN'T THAT BAD.
WELL, THANK YOU FOR BEING HERE.
IT'S ALWAYS EASIER WHEN YOU'RE HERE IN PERSON.
HE'S BEEN SWORN OVER YOU PLEASE.
SO MY CASE IS MUCH, UH, SIMPLER, I GUESS.
UM, I'M HERE TO REQUEST, UH, TO MOVE A FENCE LINE, UH, 10 FEET FROM WHERE THE BUILD LINE IS ON THE PROPERTY.
UH, CURRENTLY THERE IS AN OLDER FENCE FROM THE PREVIOUS HOME, UH, THAT WE'RE GONNA TAKE DOWN, UM, AND BRING THE LINE BACK FROM WHERE IT IS RIGHT NOW.
SO RIGHT NOW IT'S ON THE PROPERTY LINE, NOT THE BUILD LINE.
AND WE'RE SUPPOSED TO TAKE IT BACK, UH, 25 FEET AWAY FROM THE PROPERTY LINE.
BUT RIGHT NOW THE FENCE IS ON THE, THE OLD FENCE IS ON THE PROPERTY LINE.
UM, SO WE ARE GONNA TAKE IT BACK, BUT INSTEAD OF TAKING IT BACK ALL THE WAY TO THE LINE OF THE HOUSE, I WOULD LIKE TO BUILD PART OF THE FENCE, UM, ON SAN LEANDRO PARTS, UH, 10 FEET AWAY FROM WHERE THE BUILD LINE IS STILL MAINTAINING THE TRIANGLE.
CHAIRMAN, IF I COULD ADD, UM, SO THE ISSUE THAT MR. TU IS REFERRING TO IS, UM, HE'S MOVING THE FENCE, BUT THE ISSUE BEFORE YOU GUYS IS THIS IS A HEIGHT VARIANCE, OR EXCUSE ME, A HEIGHT, A SPECIAL EXCEPTION TO THE FENCE HEIGHT.
SO, UH, THE FENCE THAT YOU ARE SEEKING TO BUILD IS EIGHT FOOT.
AND IT IS, BECAUSE THIS IS IN OUR FRONT YARD IS A FOUR FOOT, UH, HEIGHT REGULATION.
AND SO WE'RE SEEKING A FOUR FOOT, UH, SPECIAL EXCEPTION TO THAT RULE.
THE TOTAL FENCE WOULD BE EIGHT FOOT HIGH.
SO WE PULLED THIS BECAUSE OF A LETTER.
SO WHAT YOU'RE SAYING IS THERE IS AN EXISTING FENCE WHICH EITHER DOES OR DOESN'T COMPLY AND YOU'D LIKE TO REPLACE IT AND BUILD A HIGHER FENCE? I DON'T THINK IT COMPLIES.
I BOUGHT THE PROPERTY THIS WAY, BUT IT, WE HAVE TO TAKE IT OUT AND IT'S ONLY IN THAT AREA ON THE, UM, ON SUNDAY LEANDRA DRIVE.
SO IT'S NOT A VERY LARGE AREA THAT WE'RE LOOKING TO PUT AN EIGHT FOOT FENCE.
UH, GIVE US ONE MINUTE TO FIND OUR PAPERS.
[01:45:03]
I HAVE IT PULLED UP.SO WHERE YOU SEE THE BLUE LINE SHOWS WHERE THE, UM, THE FENCE LOCATION ON SAN LEANDRO DRIVE, THE BLUE LINE REPRESENTS, IT SAYS FENCE, THE FENCE LOCATION ON SAN LEANDRO DRIVE.
THAT'S THE, IT'S THERE NOW OR THAT'S THE, THAT'S PROPOSED, PROPOSED THING, BUT THAT'S WHY WE'RE HERE.
AND THAT'S BECAUSE I, I DON'T HAVE THE 15 FEET ALREADY.
CAN WE CONSIDER THIS TO BE A FRONT YARD? WE'RE CONSIDERING THIS AS THE FRONT YARD.
YOU HAVE TWO FRONT YARDS? YES.
WELL, TWO TECHNICAL FRONT YARDS IN THE
SO THERE IS AN ALLEY THERE, BUT NOBODY'S USING IT.
IT'S, IT'S A DIRT ROAD ACTUALLY, BUT I'VE BEEN THERE AND NOBODY'S USING IT.
BUT REGARDLESS, WE CREATED THE TRIANGLES TOO.
RIGHT? THIS WAS PULLED BECAUSE, UH, WE HAD LETTERS IN OPPOSITION.
I DON'T KNOW WHETHER YOU'VE READ THEM, UH, FROM A BRAD ROSS AND A GLORIA HENLER.
AND THIS WILL BE, THIS IS MADE OF, WHAT IS THIS WOOD? YES.
ARE THERE ANY QUESTIONS FOR THE APPLICANT? SO SHOULD WE LET 'EM SIT DOWN AT A MINIMUM? MR. SLATE.
HU SO WHAT'S YOUR IMPRESSION OF HOW THIS FENCE LOOK FITS IN, IN THE SURROUNDING NEIGHBORHOOD? ARE THERE OTHER ONES KIND OF NEARBY THAT, UM, ARE SIMILAR IN TERMS OF HEIGHT? HEIGHT, YES.
THE HOUSE IN FRONT OF ME ON SAN LEANDRO HAS, UM, EIGHT FOOT FENCE.
THAT'S ABOUT, I MEASURED IT TO BE ABOUT 10 TO 17 FOOT AWAY FROM THE ROAD, BUT I'M NOT SURE IF LIKE THAT WHITE FENCE THAT YOU SEE THERE.
SO THE FURTHER THE DOWN ON THE ROAD, UH, SO 10 TO 17 FEET AWAY FROM THE ROAD ITSELF.
SO I DON'T KNOW IF IT'S FROM THE BUILDING, BUT AGAIN, I, I DIDN'T CHECK IF IT WAS BASED ON THEIR PLANS OR NOT, BUT PHYSICALLY IT'S 10 TO 17 FEET AWAY.
IT, BECAUSE THE, THE ROAD IS KIND OF IN AN ANGLE.
SO IT'S CERTAIN AREAS IT'S 10 FEET AWAY AND CERTAIN AREAS IT'S 17 FEET AWAY.
AND MR. FARUK, WHAT WAS THE REASONING FOR WANTING THE ADDITIONAL FOOTAGE? THE HEIGHT.
UH, SO WE ARE PLANNING TO BUILD A POOL THERE.
SO I THINK LEGALLY WE'RE SUPPOSED TO HAVE SIX FOOT MINIMUM OR TO HAVE A, WHOEVER PULLED HER IN THE BACK, UH, LEGALLY YOU HAVE SOME OBLIGATION IF YOU HAVE A POOL TO SURROUND IT.
I BELIEVE THE CODE STAY SIX FEET MINIMUM.
NOW, DOES HE NEED A VARIANCE TO HAVE A POOL?
[01:50:07]
UH, YOU'RE NOT ASKING FOR ANY KIND OF RELIEF FROM YOUR OPACITY STANDARD, RIGHT? NO CAPACITY IS NOT IN QUESTION.SO CAMBRIA'S GONNA LOOK, UM, SHE'S PULLING THIS CLOSE SECTION UP, BUT HE'S NOT HERE FOR THE POOL.
SO THAT'S KIND OF IRRELEVANT TO THE DESIRED THE CASE QUESTION BY HAVE A CHOICE, VICE CHAIR WOULD POINT OUT THAT THE, THE STANDARD OF REVIEW FOR A SPECIAL EXCEPTION OF DEFENSE HEIGHT IS WHETHER THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO TO YOUR QUESTION, UH, MR. MILLIKEN, UM, HIS REASON WHY IS REALLY IRRELEVANT.
WILL, HOW IT WILL AFFECT, IT'S AN EFFECT QUESTION, HOW IT WILL AFFECT THE NEIGHBORING PROPERTIES AND IF THEY WILL THAT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES.
IF FEWEST WOULD FIND THAT IT WILL ADVERSELY AFFECT THOSE PROPERTIES, THEN YOU SHOULD DENY IT HOWEVER PEOPLE THAT IT WOULD NOT, BUT IT THEN CAN THEN YOU MAKE GRANTED IT, IT'S A MATTER OF CURIOSITY, BUT, BUT NOT IMMEDIATE IMPORTANCE.
SECOND, MR. SLADE, I, I THINK THAT'S A QUESTION THAT GENERALLY GOES TO, WHILE NONE OF OUR CASES CREATE A PRECEDENT, IT GOES TO IS THERE GONNA BE A SPILLOVER OF OTHER FOLKS LIKELY IN THE NEIGHBORHOOD WANTING TO DO THE SAME THING BECAUSE OF IT? AND SO UNDERSTANDING THE INDIVIDUAL DRIVE CAN HELP AT LEAST ME, FROM TIME TO TIME ASSESS THAT.
SO, AND I THINK THAT'S MORE WHAT IT'S GETTING TO THAT THAN IF IT'S A GENERAL SPEEDING CAR CORRECT.
CONCERN THAT, THAT, THAT MIGHT BE MORE PERSON.
SO, UM, I DO, I'LL, WELL, I HAVE THE MIC THROW OUT.
ONE MORE QUESTION FOR THE APPLICANT.
I ASSUME YOU DO NOT BELIEVE THAT GRANTING THIS REQUEST WOULD ADVERSELY AFFECT ANY OF YOUR NEIGHBOR.
DO I HAVE THAT RIGHT? I DON'T BELIEVE SO.
YOU STILL HAVE TIME IF THERE'S ANYTHING ELSE, BUT THANK YOU.
I THINK OUR QUESTIONS ARE STATED.
THANK, THANK YOU SO MUCH FOR YOUR TIME.
THANK, ARE THERE SPEAKERS IN OPPOSITION? ARE THERE OTHER SPEAKERS FOR NO.
ARE THERE SPEAKERS IN OPPOSITION? UH, THEN LET'S CLOSE A PUBLIC MEETING.
AND LET ME ASK FOR A, A MOTION.
NO ONE, MR. SLATE HASN'T EVEN MADE A MOTION TO THERE.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 2 6 ON APPLICATION OF
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWED THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT ME OF PROPERTY, I FURTHER REMOVE THE FOLLOWING CONDITION, BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DIAL DEVELOPMENT CODE COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED, THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I WILL SECOND MR. AGNI COMMENTS.
UH, VICE AGNI, I FELT LIKE THE APPLICANT SATISFIED THE BURDEN TO SHOW THAT IT WOULD NOT ADVERSELY AFFECT
UM, THE, THE LETTERS IN OPPOSITION, THE INDIVIDUALS WEREN'T HERE TO SORT OF FURTHER DESCRIBE WHAT IT IS.
IT KIND OF STRUCK ME THAT THEY MAYBE HAD A BIT MORE OF AN ANTI-DEVELOPMENT, BEN OVERALL, UM, BUT I DIDN'T REALLY SEE MUCH SPECIFICALLY RELATED TO THE FENCE, UH, ITSELF.
AND THE, THE LOCATION AND REASON GIVEN HELP ME UNDERSTAND THAT IT HAS A PARTICULAR PURPOSES OF JUST OPPOSED TO TRY TO CREATE A, UH, WALLED OFF, UH, COUNT.
SO THAT'S ALL THE VOTING FAVOR.
MOTION, OTHER COMMENTS? MR. MILLIKEN? YEAH, I, I WILL VOTE.
UM, WELL I CANNOT SUPPORT THE, UM, THE, UM, MOTION.
UM, I DO NOT BELIEVE IT'S IN CHARACTER WITH THE NEIGHBORHOOD.
[01:55:01]
UM, THE APPLICANT SAID THAT THERE ARE TWO FRONTS, BUT, UM, UM, I CANNOT SUPPORT IT BECAUSE IT IS OUT OF CHARACTER.THE NEIGHBORHOOD, SINCE I LOOKED AT IT, IT LOOKED LIKE PRACTICALLY IT WAS CLOSER TO THE ALLEY THAN, THAN ANYTHING ELSE.
I, I MAY, UH, I MISJUDGED ABOUT MR. SASH P*****K.
WOULD YOU, UH, CALL TO VOTE PLEASE? MS. P*****K? THERE'S ONLY ONE.
SO THE MOTION FAILS THREE TO TWO, CORRECT? UM, SO, UH, WE NEED ANOTHER MOTION.
MAYBE ONE OF THE, ONE OF, ONE OF THE TWO OF YOU ON THE, ON THE, UH, PREVAILING SIDE.
DO YOU WANNA EXPLAIN WHY IT, EVEN THOUGH IT WAS THREE TO TWO IN FAVOR, IT DIDN'T CARE? UH, IN ORDER TO, UH, BE APPROVED, YOU NEED 75% OF THE VOTE, WHICH MEANS YOU NEED FOUR, UH, AFFIRMATIVE VOTE.
SO EVEN THOUGH, UH, YOU RECEIVED A MAJORITY, YOU DID NOT MEET THE, THE THRESHOLD.
SO THE MOTION TO APPROVE HAS FAILED.
AND THE QUESTION NOW BECOMES WHETHER THERE'S A MOTION TO DENY WITHOUT PREJUDICE, WHICH WOULD ALLOW YOU TO COME BACK.
OR IF NO ONE IS WILLING TO TAKE, UH, MAKE A DECISION, IT WOULD BE DENIED WITH PREJUDICE, WHICH WOULD MEAN HE CAN'T COME BACK FOR TWO YEARS.
AND, UH, A MOTION TO DENY REQUIRES THREE VOTES, NOT FOUR.
IS THIS IT? I HAVE A MOTION, MR. CHAIR.
MR. NEIL, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 26 ON THE APPLICATION OF ADAM TU DENY THE SPECIAL WAIT.
I, UM, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 0 2 6 ON APPLICATION OF TU DENY THE REQUEST BY THIS APPLICANT WITHOUT PREJUDICE, I'M SORRY, WITH PREJUDICE? WITHOUT PREJUDICE.
WITHOUT PREJUDICE BECAUSE WE HAVE DETERMINED THAT THE APPLICANT DID NOT COMPLY WITH THE NOTIFICA.
NOTIFICATION SIGN POSTING REQUIREMENTS IN SECTION.
THIS IS NOT THE RIGHT, YEAH, THAT'S, THAT'S THE WRONG NOTE.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 0 2 6 ON APPLICATION OF RODO TU DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT A AND OR MAINTAIN A HIGH, AN EIGHT FOOT HIGH FOOT FENCE WITHOUT PREJUDICE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THIS APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.
I SECOND THE MOTION NOTING HERE.
THE, THE, MY UNDERSTANDING FROM THE APPLICANT IS HE WANTED A SIX FOOT FENCE.
THE APPLICATION APPARENTLY SAYS HE'S ASKING FOR AN EIGHT FOOT FENCE, AS IS OUR MOTION.
JUST FOR CLARITY, I JUST WANNA MAKE SURE WE'RE MAKING THE CORRECT MOTION.
HIS SIDE PLAN SHOWS THAT HE'S REQUESTING AN EIGHT FOOT FENCE.
OKAY, SO THEN THE, THE MOTION IS CORRECT.
WHO SECONDED IT? OKAY, MS. POLLY CONVERSATION.
[02:00:03]
I AGREE WITH MR. MILLIKEN'S MOTION.I DON'T FEEL THAT IT IS IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD, BUT MS. WILLIAMS, MS. P*****K? YEAH, THE MOTION IS TO DENY WITHOUT PREJUDICE.
MR. HAS AYE MR. VICE CHAIR, NAY.
UH, SO THE, THE BOARD IS DENIED WITHOUT PREJUDICE, WHICH MEANS, UM, THAT IF YOU WANT TO REVISE THE APPLICATION, YOU CAN COME BACK.
UH, YOU'VE HEARD THE, THE RATIONALE, UM, FROM THE PEOPLE WHO VOTED, UH, AGAINST YOU.
UM, SO THANK YOU FOR BEING HERE AND, UH, NOT, NOT AT, NOT IN THE PUBLIC MEETING, ALTHOUGH WE CAN TALK WITH MS. WILLIAMS, UH, AND DR.
WE'RE NOT ALLOWED TO DIRECTLY COMMUNICATE.
SO HAVE WE SOLVED OUR TECHNOLOGICAL ISSUE ON THE FINAL CASE? YEAH, IT'S OH THREE TWO.
UH, SINCE THE APPLICANT IS NOT ONLINE, UH, I WOULD JUST WANNA POINT OUT THAT ALTHOUGH HE DID APPEAR EARLIER, UM, I THINK THAT IS CONSIDERED, YOU KNOW, THAT THE APPLICANT SHOWED UP.
SO, UM, RULE 11 J THAT SAYS THAT THE BOARD MUST DENY WITH PREJUDICE DOES NOT APPLICABLE.
UH, SO GOOD NEWS, YOU GUYS GET TO PICK WHICHEVER ONE YOU WANT.
UM, YOU CAN HOLD OVER, YOU CAN DENY WITH, WITH PREJUDICE WITHOUT, YOU COULD APPROVE.
UM, YOU GUYS JUST COULD DO THAT ON THE EVIDENCE.
THAT'S THE LIMITED EVIDENCE THAT HAS BEEN PRESENTED.
SO THIS IS, UH, OH THREE TWO, I GUESS, UH, LET ME CALL IT.
WE ARE NOW DISCUSSING BD 2 3 4 DASH OH 32 1 4 2 6 MORELL AVENUE.
UM, I, I GUESS WE'VE, WE'VE GIVEN UP TALKING WITH HIM OR WE TRIED CALLING HIM IS HE TRIED NOT EVEN SURE IF HE WAS THE PERSON THAT CALLED.
WE'RE WE ARE, OUR ATTORNEY IS COMFORTABLE.
DO WE HAVE A, DO WE KNOW WHY DOES HE HAVE A JOB? I MEAN, WHAT IS THE SITUATION? RIGHT MS. JORDAN, WOULD YOU MIND SAYING THAT ON THE MICROPHONE FOR THE RECORD? THAT, SO THE, UM, THE INDIVIDUAL MR. ELIAS THAT SHOWED UP ONLINE, HE'S THE, UM, HE'S THE OWNER OF THE CONSTRUCTION COMPANY SPEAK.
SO, AND THE APPLICANT IS HIS EMPLOYEE, THE APPLICANT IS HIS EMPLOYEE.
SO FOR THE, FOR THE RECORD WHERE THE, THE, UH, CITY ATTORNEY IS SATISFIED THAT THE PERSON WE TALK TO UH, REPRESENTS THE APPLICANT.
THE APPLICANT IS NOT THE PROPERTY OWNER, BUT THE APPLICANT IS, UH, IS AN AUTHORIZED REPRESENTATIVE OF THE PROPERTY OWNER, RIGHT? SO BY ASSOCIATIVE, UH, PROPERTY, WE, WE, UH, CITY ATTORNEY, UH, BELIEVES THAT THE, THE, UM, THE APPLICANT HAS APPEARED AND ALL THAT MEANS IS THAT WE DON'T HAVE TO DENY WITH PREJUDICE.
UM, WE'RE STILL IN A SITUATION WHERE WE DON'T KNOW WHERE OUR APPLICANT IS AND IT'S OUR SECOND TIME.
I KNOW THE APPLICANT'S TRIED, I DON'T KNOW WHAT HAPPENED.
MR. SASHING, I MOVE THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BDA 2 3 4 0 3 2 ON APPLICATION OF JONATHAN MARTINEZ DENY THE SPECIAL EXCEPTION TO THE SIDE YARD SETBACK REGULATION FOR CAR PORTS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE CONTAINED IN THE DA CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING A REQUEST WILL HAVE DETRIMENTAL IMPACT ON SURROUNDING PROPERTIES.
IS THERE A SECOND? I SECOND MS. P*****K SECONDS DISCUSSION.
UM, THE APPLICANT'S NOT REALLY HERE TO, UH, SPEAK TO THE CASE AND GIVE ANY TESTIMONY AND I THINK THE BEST THING THAT WE CAN DO FOR THIS APPLICANT IS TO DENY WITHOUT PREJUDICE TO ALLOW UH, THEM TO TRY AGAIN.
IT IS GEN ALMOST ALWAYS BETTER TO BE HERE IN PERSON IF YOU CAN TECHNOLOGY BEING NOTORIOUS FOR WHAT IT IS.
BUT I, YOU KNOW, THIS IS OUR SECOND TIME TO
[02:05:01]
PUSH IT OFF.UH, YEAH, I'M JUST NOT WILLING TO DO, I'LL, I'LL, UH, SUPPORT YOUR MOTION.
UM, THERE'S THREE MOTION I GET.
DO WE HAVE TO DO ALL THREE? DO WE? YES WE DO.
VICE CHAIR AGNES, I HAVE A MOTION.
MR. SATCH, UH, I MOVE THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BDA 2 3 4 0 3 2 ON ON APPLICATION OF JONATHAN MARTINEZ DENIED THE VARIANCE, THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF PROPERTY AND THE TESTIMONY SHOWS THAT THE FISCAL CHARACTERISTICS OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CO AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
IS THERE A SECOND? SECOND I'LL SECOND.
FIVE ZERO VICE CHAIR AG HAVE A MOTION MR. SASHING, I MOVE THAT THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BDA 2 3 4 0 3 2 ON APPLICATION OF JONATHAN MARTINEZ DENY THE VARIANCE TO THE FLOOR AREA RATIO REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTERISTIC OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPED CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
NOW, UH, NEXT MONTH OUR MEETING, ANYBODY KNOW OFFHAND TODAY? 20TH.
I KNOW WE HAVE EIGHT CASES AT LEAST, SO, UH RIGHT.
CERTAINLY HARDEST WORKING PANEL IN THE ROCK AND ROLL, THAT'S FOR SURE.
OH YEAH, THAT'S, UH, OKAY, SO THANK YOU BOARD OF ADJUSTMENT.
PANEL C UH, MEETING IS ADJOURNED AT 3:10 PM.