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GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT.
[Board of Adjustments: Panel B on April 17, 2024.]
I'M MICHAEL KOWSKI AND I'M HONORED TO SERVE AS THE PRESIDING OFFICER OF THE FULL BOARD OF ADJUSTMENT OF THE PANEL B.TODAY IS WEDNESDAY, APRIL 17TH, 2024, AND THE TIME IS 1:02 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM, WHICH IS A MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
I LEFT TO SARAH LAMB, ANDREW FINNEY, JOE CANNON, AND UH, DEREK NUTTALL IS JOINING US VIRTUALLY.
STAFF PRESENT INCLUDE BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY MATTHEW SAPP, BOARD ADMINISTRATOR, CHIEF PLANNER, DR.
CAMIKA MILLER HOSKINS, SENIOR PLANNER, CAMBRIA JORDAN, SENIOR PLANNER, BRYANT THOMPSON, SENIOR PLANS EXAMINER, NORA CASTANEDA, AND BOARD SECRETARY MEETING MODERATOR MARY WILLIAMS. 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 SUCH A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL 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 POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EV 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'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.
APPROVALS OF A VARIANCE, SPECIAL, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL'S 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 ACTION 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, BUT 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 AS NECESSARY TO MAINTAIN ONE.
UH, BEFORE WE MOVE ON, UM, I WANT TO MODIFY THE AGENDA TO NOTE THAT, UH, CASE BDA 2 3 4 DASH 0 4 9 THERE IS A SPEAKER AND OPPOSITION.
SO THAT HAS BEEN MOVED OFF OF THE UNCONTESTED DOCUMENT AND WILL BE, UM, HEARD AS AN INDIVIDUAL CASE.
UM, AND WE SAID THAT, UM, MS. WILLIAMS, DO WE HAVE ANY, UH, SPEAKERS HERE FOR UH OH, DID WE NEED TO MOTION FOR THE MINUTES? OKAY, WELL, I'LL TAKE A MOTION TO APPROVE THE MINUTES FROM, UH, LAST, UH, MEETING MS. LAMB.
I MOVED TO, UH, APPROVE THE MINUTES FROM THE LAST, UH, BOARD, UH, BOARD OF ADJUSTMENT PANEL BEING MEETING.
UH, DO WE HAVE A, UH, ANY SPEAKERS REGISTERED FOR PUBLIC TESTIMONY? NO REGISTERED SPEAKERS, SIR.
SO, UM, WE WILL THEN MOVE ON TO THE, UH, UNCONTESTED CASES.
DO I HAVE A MOTION FOR THE UNCONTESTED CASES? MS. LAMB? I MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVAL, OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BDA 2 3 4 DASH 0 4 0 APPLICATION OF SEIA MODI FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED.
THE MOST RECENT VERSION OF ALL SMITH SITE PLANS ARE REQUIRED.
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2 3 4 DASH 0 4 0 APPLICATION OF EDA MODI FOR A SPECIAL EXCEPTION TO DEFENSE OPACITY REGULATIONS IN DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS.COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED.
THE MOST RECENT VERSION OF ALL SUBMIT SITE PLANS ARE REQUIRED.
VDA 2 3 4 DASH 0 4 0 APPLICATION OF EDA MODI FOR A SPECIAL EXCEPTION.
THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS OF DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE TO THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
BDA FOUR A BDA 2 3 4 DASH 0 4 0 APPLICATION OF EDA UH, MODI FOR A VARIANCE OF THE FRONT YARD SETBACK REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMIT SITE PLANS ARE REQUIRED.
I I THINK WE'RE READY FOR A ROLL CALL.
MOTION PASSES TO GRAND FIVE TO ZERO.
UM, WE WILL NOW MOVE ON TO THE INDIVIDUAL CASES.
UH, APPLICANT'S FOR 49 0 6 DE LOS WILL BE RECEIVING NOTIFICATION FROM THE CITY STAFF, UH, WITH YOUR APPROVAL EMAIL.
SO NOW LET'S MOVE ON TO THE CONT INDIVIDUAL CASES.
WE CAN WE'LL HEAR BDA 2 3 4 DASH 0 4 5, UH, 7 0 2 1 CREEK BEND ROAD.
UH, IS THE APPLICANT PRESENT? DO WE HAVE, IF YOU ARE, UH, APPLICANT PLEASE, UH, STEP FORWARD AND MS. WILLIAMS WILL SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
KARA CRANE, 70 21 CREEK BEND BROAD, DALLAS, TEXAS 7 5 2 5 2.
PLEASE NOTE YOU HAVE FIVE MINUTES.
OKAY, CHRISTINE, AND THERE WAS A PRESENTATION AS WELL THAT I HAD SENT IN MARY, THERE WAS SLIDES SENT IN.
WILL THEY BE, UM, YEAH, WE'LL WE'LL WAIT TO START YOUR TIME UNTIL SHE GETS THE THANK YOU, UM, PRESENTATION UP ON THE SCRIPT.
OKAY, I'LL GO AHEAD AND START IF THAT'S ALRIGHT.
GOOD AFTERNOON, HONORABLE MEMBERS OF THE BOARD.
I'M HERE TODAY TO REQUEST A FOREFOOT SPECIAL EXEMPT EXCEPTION TO THE FENCE REGULATIONS AT OUR PROPERTY 70 21 CREEK BEND ROAD.
I WANT TO PROVIDE SOME PHOTOS QUICKLY TO GIVE BACKGROUND TO OUR NEIGHBORHOOD AND JOURNEY AND I SHOW THESE SLIDES TO DEMONSTRATE THAT FROM THE BEGINNING ANY CHANGES WE ENACT ARE POSITIVE TO THE NEIGHBOR PROPERTY NEIGHBORING PROPERTIES.
THE FIRST AND SECOND SLIDES ARE PICTURES OF THE PREVIOUS PROPERTY THAT SAT ON OUR LOT.
YOU CAN SEE THERE ON THE RIGHT SIDE THAT WAS THE REAR SIDE OF THE PROPERTY.
YOU CAN BARELY SEE THE HOUSE DUE TO THE UNKEPT LANDSCAPING.
THIS SLIDE IS IMPORTANT BECAUSE YOU CAN SEE THE OTHER VIEWS FROM THE WIND PIPER SIDE.
UM, THE SLIDE ON THE RIGHT IS IMPORTANT AS IT DISPLAYS 17 8 0 9 WIND PIPER'S DRIVE VIEW AT THE TIME WAS AT THE TIME PRIOR TO OUR PROPERTY COMING IN.
THAT ADDRESS IS IMPORTANT AS IT IS THE PROPERTY OF THE NEIGHBORS CONTESTING OUR FENCE EXCEPTION.
THOSE NEIGHBORS ARE HERE TODAY AND I WILL KNOW THAT THEY KINDLY LET US KNOW AHEAD OF TIME THAT THEY WOULD BE CONTESTING OUR REQUEST.
AND AGAIN, THE, ON THE RIGHT THERE, IT'S THE HOUSE ON THE LEFT, THAT'S THEIR PROPERTY AND THAT WAS THEIR INITIAL VIEW PRIOR TO US TAKING CARE OF THE PROPERTY.
THE SLIDE IS THE CURRENT PICTURE OF THE REAR OF OUR PROPERTY AND AGAIN, THE SHIVERS VIEW OF THE PROPERTY NOW WHAT THEY LOOK AT ACROSS THE STREET.
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SLIDE.THIS SLIDE FEATURES PHOTOS TAKEN WHERE A PROPOSED FENCE WILL BE ERECTED AND DOCUMENTS THE APPROXIMATE FEET TO THE SHIVER HOME.
THESE NUMBERS ARE IMPORTANT AS SOMETIMES PHOTOS CAN BE DIFFICULT TO JUDGE PERCEPTION.
THE ACTUAL DISTANCE FROM THE PROPOSED FENCE TO THE SHIVERS BUILD IS APPROXIMATELY 90 FEET, 96 FEET TO THE FRONT DOOR OR THEIR OFFICE WINDOW AND OVER A HUNDRED FEET TO THE GARAGE.
THIS IS IN ADDITION TO A THREE FOOT ELEVATION CHANGE FROM OUR BACKYARD TO THE FRONT STEP OF THE SHIVER HOME.
THEREFORE, WHEN ADJUSTING FOR SIGHT LINE, A FOUR FOOT FENCE WOULD GIVE US ONE FOOT OF PRIVACY FROM THE SHIVERS AND OTHERS, AND NOTABLY ONLY GAINS US FIVE FEET OF PRIVACY FOR OUR REQUESTED EIGHT FOOT FENCE.
NOTABLY, OUR PROPOSED FENCE IS EQUIVALENT TO THE SHIVERS FENCE.
THE ONLY DIFFERENCE WILL BE THAT OURS WILL BE DOUBLE SIDED.
INSTEAD OF HAVING ONE SIDE WITH VISIBLE RAILS, THE RAILS WILL BE INSIDE AND CONCEALED FROM VIEW, CREATING A MORE AESTHETICALLY PLEASING LOOK FOR OUR NEIGHBORS, TAKING THE MO UTMOST CONSIDERATION TO NOT ADVERSELY AFFECT ANY NEIGHBORING PROPERTY.
THE LAST COUPLE SLIDES ARE PICTURES I PREVIOUSLY SUBMITTED, BUT DO HELP PROVIDE INSIGHT INTO OTHER FENCING AND ARE ECLECTIC BUT CHARMING NEIGHBORHOOD.
THE FIRST, THE FIRST ONE THERE, UH, ON THE LEFT SHOWS THE IMMEDIATE FENCE TO OUR NORTH.
THIS IS OUR NEIGHBOR, A CHAIN LINK FENCE ENCOMPASSING THE ENTIRETY OF THE BACKYARD, THE FENCE SITTING NEXT TO IT.
ALSO TO THE NORTH IS AGAIN CHAIN LINK AND ALL ENCOMPASSING OUR FENCE.
OUR PROPOSED FENCE WILL ENCOMPASS ONLY A MINOR SEGMENT OF OUR ROOF PROPERTY A QUARTER TO THE EXACT.
AND THEN THIS NEXT LAST SLIDE PLEASE GIVES ADDITIONAL PHOTOS OF FENCING.
ONE WOULD SEE AS YOU WALK OUR SMALL CIRCLE OF THE HOOD.
IN CONCLUSION, WE HAVE WORKED HARD TO BUILD A BEAUTIFUL HOME THAT INCREASES THE APPEAL AND AND MARKETABILITY OF OUR CHARMING NEIGHBORHOOD.
WE WANT TO ENJOY A SMALL FRACTION OF IT PRIVATELY AS ANY OTHER HOMEOWNER WOULD.
WIND PIPER DRIVE HAS REGULAR TRAFFIC ALONG WITH A SCHOOL 600 FEET FROM OUR PROPERTY AND WE HAVE THREE YOUNG DAUGHTERS TO CONSIDER.
OUR REQUEST IS A BALANCE WITH OUR NEED FOR SECURITY AND PRIVACY, WHILE ALSO CONSIDERING TO NOT ADVERSELY AFFECT OUR NEIGHBOR'S VIEWS AND PROPERTIES IN FRONT OF YOU.
YOU WOULD FIND 10 HOUSEHOLDS OF OUR NEIGHBORS, ACTUALLY 14, BUT 10 WITHIN THE 200 FOOT RADIUS THAT GAVE THEIR SIGNATURES SUPPORTING OUR REQUESTS THAT HAVE THE SAME OPINION.
WITH THESE EXPLANATIONS, RATIONALE AND SUPPORT, WE HOPE YOU AGREE TO GRANT OUR SPECIAL OFFENSE EXCEPTION.
DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? DO WE HAVE ANY OTHER, UM, SPEAKERS IN SUPPORT? UM, MS. ADRIANA MAY
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
1 7 8 0 5 WIND PIPER DALLAS, 7 5 2 5 2.
YOU HAVE FIVE MINUTES AS WELL.
THANK YOU FOR ALLOWING US TO PARTICIPATE IN TODAY'S HEARING SO WE CAN SHARE OUR BRIEF THOUGHTS.
AS MENTIONED, MY NAME IS ADRIANA MEYER VETS AND MY HUSBAND WHO IS HERE WITH ME TODAY AND I ARE IN THE PROCESS OF BUILDING A NEW HOME ACROSS THE STREET FROM THE CRANES AT 1 7 8 0 5 WIND PIPER.
OUR FRONT YARD HAS A DIRECT VIEW OF THE FENCE AND AREA IN QUESTION.
WE ARE NOT OPPOSED TO THE CRANES BUILDING AN EIGHT FOOT FENCE TO AFFORD THEIR FAMILY AND THEIR THREE BEAUTIFUL YOUNG GIRLS FROM PRIVACY OR JUST THEIR POOL AREA.
THEIR PROPOSED FENCE LOCATION IS DIAGONAL FROM OUR FRONT YARD AND WILL NOT ADVERSELY AFFECT US.
UH, DO WE HAVE ANY ADDITIONAL SPEAKERS IN FAVOR? NO.
YES, PLEASE COME FILL OUT A FORM.
UH, SPEAK TO MS. WILLIAMS. ARE YOU, AND ARE YOU IN SUPPORT OR? YES.
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AND YOU CAN SPEAK.CAN HE, CAN HE SPEAK AND FILL THAT OUT PLEASE? OKAY.
UM, MR. CHAIR, WHILE THIS FORM IS BEING FILLED OUT, UM, IS IT, UH, WHEN WOULD I, UH, DOES THE PANEL HAVE THE OPPORTUNITY TO ASK QUESTIONS? 'CAUSE THERE IS A QUESTION, BUT I WOULD LIKE TO ASK, BUT HAS THAT WINDOW PASSED? YOU CAN BRING IT UP.
SO PER THE RULES, UM, THE APPLICANT HAS FIVE MINUTES.
ANYONE IN SUPPORT HAS FIVE MINUTES.
ANYONE IN THE OPPOSITION HAS FIVE MINUTES.
AND THEN THE, UM, THE APPLICANT HAS ADDITIONAL FIVE MINUTE THEORY TO HAVE A REBUT ANY ISSUES THAT HAVE BEEN BROUGHT UP.
AND THAT WOULD BE A GREAT TIME, UM, TO ASK QUESTIONS.
I APPRECIATE THAT REMINDER, I'M GONNA SWEAR YOU IN.
SIR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY NAME IS DANIEL RINGLE HEIM.
UH, MY ADDRESS IS 6 6 2 8 GODO TRAIL, BUT I REPRESENT THE BOYS HIGH SCHOOL THAT'S ON FACING WIND PIPER AND FRANKFURT 6 5 0 6 FRANKFURT ROAD.
FIRST OF ALL, I JUST WANNA THANK, UH, THE CRANES FOR RAISING THE PROPERTY VALUES.
I KNEW THAT I WAS PRIVY TO THE PERSON THAT LIVED THERE BEFORE AT THIS ADDRESS.
IT WAS A VERY DIFFICULT SITUATION.
SHE WASN'T A HUNDRED PERCENT WELL, THE HOUSE WAS IN DISARRAY.
COMPLETELY, COMPLETELY UN UH, UNCARED FOR, SO NOW WE HAVE A BEAUTIFUL HOUSE RAISING THE VALUES AND THE PLEASANTRY OF WALKING DOWN THE BLOCK OF THE BOYS WALKING TO SCHOOL.
IT'S A MUCH BETTER ENVIRONMENT.
UM, I JUST WANT TO SAY I GUESS FROM A FEW POINTS THAT THE WAY I UNDERSTAND IT IS THAT THERE'S NO REAL ZONING FOR A BACKYARD BECAUSE OF THE WAY THE HOUSE IS SET UP.
EVERYONE ON THAT STREET TREATS THIS SIDE OF WIND PIPER AS THEIR BACKYARD.
AND OBVIOUSLY EVERYONE DESERVES A BACKYARD FOR PRIVACY, FOR DECENCY.
EVERYONE HAS A RIGHT TO GO OUTSIDE OF THEIR HOUSE IN THE WAY THEY WANT TO AND ACT IN A WAY, IN A BACKYARD, UM, IN A PRIVATE FASHION.
SO OF COURSE I THINK THEY WOULD DESERVE THAT.
SECONDLY, I FEEL LIKE IN THE WORLD WE LIVE IN, UM, YOU'RE RAISING YOUNG CHILDREN.
WE CERTAINLY WANT A CERTAIN PRIVACY AND A DECENCY FOR THEM.
CERTAINLY WITH A SWIMMING POOL.
UH, THERE'S UNFORTUNATELY A LOT OF NOT WELL PEOPLE IN THIS WORLD, AND WE DON'T WANT TO DRAW THAT TYPE OF ATTENTION AND ATTRACTION TO SOMEONE'S, UH, ADDRESS WHERE THEY ACTUALLY ACTUALLY LIVE.
SO I THINK FOR A SAFETY CONCERN, UH, FENCE SHOULD BE PUT UP.
I ALSO FEEL, YOU KNOW, WE, I REPRESENT THE SCHOOL OF LIKE 60, 70, ABOUT 70 BOYS, UM, THAT WALK UP AND DOWN THIS BLOCK.
IT CERTAINLY WOULD SERVE AS A DISTRACTION FOR, FROM A BOY'S PERSPECTIVE, TO HAVE AN OPEN POOL.
OBVIOUSLY THE CHILDREN ARE VERY YOUNG, BUT I'M, I'M TALKING IN THE FUTURE OF THE DEVELOPMENTS OF THE PROPERTY AND OF THE HOUSE, THAT THAT WOULD BE LIKE PROBABLY A GOOD, YOU KNOW, GOOD FENCES, MAKE GOOD NEIGHBORS TYPE OF SITUATION FOR EVERYONE INVOLVED TO KIND OF HAVE A CERTAIN PRIVACY THAT THEY CAN JUST HAVE THEIR THING AND THE PURPOSE OF THE OLD BOYS SCHOOL, CERTAINLY A RELIGIOUS OLD BOYS SCHOOL, BUT TO HAVE A CERTAIN FOCUS ON STUDIES AND NOT TO HAVE A OPEN POOL, UH, PARTY POOL DOWN THE, UH, YOU KNOW, 200 FEET FROM THE, FROM THE SCHOOL.
UM, ALSO FROM, I THINK FROM THE CRANE'S POINT OF VIEW, BECAUSE THERE'S A BOYS SCHOOL, HIGH SCHOOL FOR THEIR OWN, AGAIN, FURTHERING THEIR NEED FOR THE PRIVACY, FOR THEM TO HAVE A PLACE WHERE IT COULD JUST BE THEIRS AND NOT HAVE TO HAVE ANYONE WHO GOES INTO THAT POOL HAVE TO THINK ABOUT THE FACT THAT THERE'S 60 YOUNG MEN THAT LIVE ON THIS BLOCK, NOT LIVE, BUT GO TO SCHOOL ON THIS BLOCK.
I FEEL THAT THAT WOULD BE, UM, VERY HELPFUL FOR THEM.
SO I THINK FOR ALL PARTIES INVOLVED, JUST FOR A NORMAL HEALTHY SITUATION FOR THEIR PRIVACY, FOR THE SCHOOL'S VANTAGE POINT, IT'D BE QUITE HELPFUL THAT THEY SHOULD BE ALLOWED TO HAVE A FENCE THAT KIND OF LENDS IN THAT, UH, THE PRIVACY IN THAT DIRECTION.
THANK YOU VERY MUCH FOR LISTENING.
ARE THERE ANY, UH, ADDITIONAL SPEAKERS IN FAVOR? NO, THE SPEAKER'S REGISTERED, SIR.
UH, THEN WHAT, DO WE HAVE ANY SPEAKERS IN OPPOSITION? YES, SIR.
I HAVE MS. SHEILA SHIER AND MR. JOHN SHIER.
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.
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WIND PIPER DRIVE, DALLAS, TEXAS 7 5 2 5 2.MY NAME IS SHEILA SHIVER, AS I STATED, AND I LIVE AT 17 8 0 9 WIND PIPER DRIVE DIRECTLY ACROSS THE STREET FROM 70 21 CREEK BEND ROAD, THE PROPERTY REQUESTING A VARIANCE FOR AN EIGHT FOOT FENCE AND A FRONT YARD SETBACK.
I'VE DEDICATED MY LIFE'S WORK TO PUBLIC EDUCATION, SO I JUST WANNA TAKE A MOMENT TO APPRECIATE THE STAFF AND THIS COUNCIL FOR YOUR DEDICATION TO THE CITY OF DALLAS, OUR SAFETY, THE BEAUTIFICATION AND, UH, THE THRIVING CITY THAT YOU ARE CREATING.
I ALSO APPRECIATE THE THOROUGHNESS OF THE PRESENTATION OF INFORMATION, UH, PRESENTED THIS MORNING IN THE BRIEFING.
UH, THAT AMOUNT OF CONSIDERATION, UH, IS GREATLY APPRECIATED.
I STAND BEFORE YOU TODAY TO STRONGLY OPPOSE THIS SPECIAL EXCEPTION.
GRANTED, THIS VARIANCE WOULD HAVE A SIGNIFICANT IMPACT ON OUR NEIGHBORHOOD AND CREATE A HARDSHIP ON MY FAMILY AND OTHERS BY DECREASING PROPERTY VALUES.
IT IS, AND BY THE STANDARDS A CLEAR SELF-CREATED HARDSHIP.
I WELCOME THE CRANES AND OUR SOON TO BE NEIGHBORS, UM, TO THE SOUTH OF US.
WELCOME THEM TO THE NEIGHBORHOOD ON THE SUNDAY AFTER THEY MOVED IN ON THAT MONDAY, A NOTICE WAS PUT DIRECTLY IN FRONT OF OUR DRIVEWAY ABOUT THIS REQUESTED VARIANCE.
I PURPOSELY REACHED OUT TO THE CRANES TO DISCUSS THE FENCE ON MARCH 22ND.
IN THIS CONVERSATION, THE CRANES CONFIRMED THAT THEY HAD NOT CONSIDERED ANY OTHER FENCE OPTIONS.
IT WAS ALSO SHARED THAT THEY PLANNED TO CHANGE THE, UH, DIMENSIONS OF THE FENCE AND REMOVE IT FROM THE END OF THE HOME TO THE PATIO.
UH, WHEN I ASKED WHY THEY DECIDED TO CHANGE THE DIMENSIONS OF THE FENCE, I WAS TOLD VERBALLY THAT THEY DID NOT WANT IT TO BLOCK THE VIEW OF THEIR WINDOWS.
I ASKED THAT THIS BOARD GRANT US THAT SAME PRIVILEGE TO NOT HAVE THE VIEW OF OUR WINDOWS BLOCKED AS WELL BY UPHOLDING THE REGULATION FOR FOUR FOOT FENCE HEIGHT IN A FRONT YARD SETBACK AND DENY THIS REQUEST FOR SPEC.
SPECIAL EXCEPTION, AS YOU OBSERVED IN THE VIDEO, THIS IS A SMALL NEIGHBORHOOD WITH TWO STREETS.
THERE ARE FOUR EXISTING PROPERTIES ON WIND PIPER DRIVE WITH THE OPPORTUNITY FOR THREE, LOTS TO DEVELOP DIFFERENTLY WITHIN THE FUTURE.
LOT 18 DOES FACE CREEK BEND ROAD AS THE FRONT OF THE HOUSE, BUT ALSO HAS A SECOND FRONT YARD SETBACK.
THEY HAVE A POOL AND A PATIO PACE FACING WIND.
THEY ARE IN COMPLIANCE WITH A FOUR FOOT CHAIN LINK FENCE.
THEY USE SHRUBS BEFORE THE FREEZE GOT THEM AND PATIO SCREENS TO CREATE PRIVACY.
A NEIGHBORHOOD THIS SMALL WILL BE SUBSTANTIALLY IMPACTED BY ALLOWING THE SPEC SPECIAL EXCEPTION.
THE CRANES KNOWINGLY AND WILLINGLY PURCHASED A LOT WITH TWO FRONT YARD SETBACKS.
THEY KNOWINGLY AND WILLINGLY DESIGNED AN OUT YARD SPACE, OUTDOOR SPACE WITH A POOL AND PATIO AND A FRONT YARD SETBACK.
THEY KNOWINGLY AND WILLINGLY PURCHASED THIS PROPERTY NEAR A SCHOOL.
THIS IS A SELF-CREATED HARDSHIP AND PERSONAL HARDSHIP.
IT WILL ADVERSELY AFFECT, AFFECT THE NEIGHBORHOOD AND MY PROPERTY VALUES.
UM, YOU HAVE PICTURES SUBMITTED.
UM, YOU SHOULD HAVE ACCESS TO THOSE.
UM, THE FIRST TWO, THREE SHOW THEIR PROPERTY, WHICH YOU HAVE SEEN.
THE FOURTH AND FIFTH PICTURES SHOW THAT I, I WANNA SAY THAT I SUPPORT AND WOULD LIKE FOR THEM TO HAVE THE PRIVACY FOR THEIR OUTDOOR SPACE.
THERE ARE MANY OTHER OPTIONS AVAILABLE TO CREATE THIS WITHOUT COMPROMISING THE AESTHETICS OF THE STREET SHRUBS SUCH AS WHAT ARE SEEN IN THE FOURTH PICTURE OUTSIDE OF THE FENCE LINE.
A WITHIN REGULATION OR A WROUGHT IRON FENCE WITH SHRUBS BEHIND THAT FENCE WOULD DEFINITELY INCREASE THE PROPERTY VALUE AND AESTHETIC FEATURES OF THE FRONT YARD SETBACK.
THE CITY OF DALLAS IS PLANNING TO WIDEN AND IMPROVE CREEK BEND AND WIND PIPER DRIVE, INCLUDING CURB APPEAL.
WE WILL BE VOTING FOR THAT BOND AS WE APPROVE OF THAT IMPROVEMENT.
AN EIGHT FOOT FENCE WOULD DIRECTLY CONTRADICT THESE PLANNED ENHANCEMENTS.
THERE ARE SOLUTIONS THAT FIT WITHIN THE REGULATIONS.
I RESPECTFULLY REQUEST THAT YOU DENY THIS REQUEST FOR SPECIAL EXCEPTION FOLLOWING YOUR STANDARDS OF REVIEW.
AS THIS WILL LOWER OUR PROPERTY VALUES WILL ADVERSELY IMPACT THE NEIGHBORHOOD, WE'LL PROVIDE PRIVILEGE TO THEM AS PROPERTY OVER OWNERS OVER US AS PROPERTY OWNERS, AND IT WILL, IT IS A SELF-CREATED AND PERSONAL HARDSHIP.
THANK YOU FOR YOUR INSPIRATION.
JUST AS A REMINDER TO THE, UM, TO THE BOARD MEMBERS AND, AND THE PEOPLE IN THE AUDIENCE, THIS IS A SPECIAL EXCEPTION, UH, REQUEST FOR A SPECIAL EXCEPTION, WHICH DOES NOT, WHICH THE STANDARD IS, UH, JUST SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBOR AND PROPERTY.
UH, WE'RE NOT GONNA FOLLOW THE THREE STANDARDS SINCE IT'S NOT A VARIANCE, JUST
UM, DO WE HAVE ANY OTHER ADDITIONAL, UM, SPEAKERS
[00:25:01]
IN OPPOSITION? YES, SIR.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.
MR. SHAVER, WOULD YOU MIND SPEAKING INTO A MICROPHONE WE HAVE AND YOU CAN ADDRESS? WE HAVE, SINCE ONE OF OUR BOARD MEMBERS IS VIRTUAL, JUST SO HE CAN HEAR AND WE'LL WAIT TO START YOUR TIME UNTIL WE GET, PLEASE STATE YOUR NAME AND ADDRESS FOR ME.
I LIVE AT 17 8 0 9 WIND PROPER DRIVE.
UM, ARE YOU, IS IS THAT, IS THIS THE, THE RIGHT, UH, PRESENTATION? YEP.
WELL THEN IN THAT CASE, UH, PLEASE PROCEED.
UH, AS I SAID, MY NAME IS JOHN VER.
I LIVE AT 17 8 0 9 WIND DRIVE.
UH, I HAVE, UH, BEEN A PRACTICING ARCHITECT IN THE STATE OF TEXAS FOR THE LAST 32 YEARS AS AN ARCHITECT AND PLANNER.
UH, WE BOUGHT OUR HOUSE WITH AN UNDERSTANDING OF THE ZONING OF THE OVERLAY WITHIN THIS DISTRICT AS WELL AS THE, THE, UH, FRONT YARD AND, AND REAR YARD SETBACK REQUIREMENTS, NOT ONLY FOR THIS LOT, BUT THE THREE ADJACENT LOTS TO IT.
AND I THINK THAT'S REALLY IMPORTANT, UM, BECAUSE ULTIMATELY THE PLACEMENT OF THIS HOUSE AS YOU SEE, WHICH IS 21 FEET OVER THE ORIGINAL SETBACK THAT WAS APPROVED IN NOVEMBER 22, UH, REALLY CREATES A SET SELF-IMPOSED, UH, PROBLEM WITH DEFENSE IN THE FRONT YARD.
SETBACK, UH, RELATIVE TO THE CASE THAT WE'RE HERE TODAY WILL ADVANCE TO THE NEXT SLIDE, PLEASE.
UH, THIS IS THE PROPOSED, UH, LAYOUT OF THE FENCE, UH, AS WAS IN THE PACKET AS OF LAST NIGHT.
IT'LL ADVANCE TO THE NEXT SLIDE.
THIS IS THE CONSTRUCTION OF THE FENCE, UH, AND WITH OUR UNDERSTANDING THAT THE POLLS AND THE BOARDS WOULD BE FACING OUR PROPERTY.
IT WAS NOT IN THE PACKET, UH, THAT THIS WOULD BE BOARD ON BOARD ON BOTH SIDES.
UH, SO I WANNA MAKE THAT DISTINCTION IF YOU'LL ADVANCE TO THE NEXT SLIDE.
UH, THIS IS OUR VIEW FROM OUR DINING ROOM AND FROM OUR LIVING, UH, LIVING ROOM.
OUR STUDY, UH, I THINK THAT'S IMPORTANT TO UNDERSTAND THAT THE HOUSE IS BUILT SIDEWAYS ON THE LOT SO IT DIRECTLY FRONTS OUR PROPERTY AND NOT ANY OF THE OTHER THREE PROPERTIES ON WIND PIPE STREET.
ADVANCE TO THE NEXT SLIDE, PLEASE.
AS MY WIFE STATED, THIS IS A VIEW WITH AN EIGHT FOOT FENCE IN OUR FRONT YARD.
AND WHILE MS. CRANE SAID THAT IT'S 96 FEET TO OUR FRONT DOOR FROM THEIR HOUSE AND 114 FEET, UH, TO OUR GARAGE, IT'S NOT OUR FAULT THAT WE ARE IN COMPLIANCE WITH THE ZONING ORDINANCE.
WE MAINTAINED THE SETBACKS ON OUR PROPERTY AS REQUIRED BY THE CURRENT ZONING ORDINANCE.
THE FENCE THAT SHE SHOWED WAS OUR PROPERTY.
OUR PROPERTY DOES HAVE A SIDE AND REAR EIGHT FOOT FENCE BORDER ON BOARD CEDAR, BUT IT'S 75 FEET FROM OUR PROPERTY LINE WHERE THE SIDE WALLS COME INTO OUR HOUSE.
IT'S NOT IN THE 30 FOOT SETBACK, IT'S NOT IN THE FRONT YARD.
IF YOU'LL ADVANCE TO THE NEXT SLIDE, PLEASE.
THIS SHOWS AN OVERLAY OF OUR FENCE OF WHAT THEY'RE PROPOSING TO BUILD ON THEIR PROPERTY.
AND AGAIN, OUR VIEW FROM OUR FRONT DOOR, WE FEEL LOOKING AT A REAR YARD FROM OUR SIDE OF THE STREET DIMINISHES OUR PROPERTY VALUE.
IF YOU'LL ADVANCE TO THE NEXT SLIDE, PLEASE.
IT COULD HAVE CERTAINLY BEEN AN ALTERNATIVE FENCE, AS MY WIFE DISCUSSED.
THEY COULD HAVE USED FATINA AS A LANDSCAPE BUFFER AND PLANTING ALONG THAT FENCE INSTEAD OF HAVING A HARD FENCE, IT, IT'LL ADVANCE TO THE NEXT SLIDE.
AS SHE ALSO MENTIONED, UH, ANOTHER OPTION WOULD BE TO PUT A FOUR FOOT WROUGHT IRON FENCE ON THE PROPERTY LINE.
AND AGAIN, USE A LAYERING SYSTEM, A LANDSCAPE BUFFERING TO PROVIDE THE PRIVACY THAT THEY'RE, UH, THAT THEY'RE SEEKING FROM OUR SECOND FLOOR WINDOW, YOU CAN SEE DIRECTLY IN THEIR YARD.
SO NO FENCE OF ANY HEIGHT WOULD HELP ADVANCE THE NEXT SLIDE, PLEASE.
IF YOU, IF YOU AGREE TO AN EXCEPTION TO THE VARIANCE, UH, ON THIS PARTICULAR PROPERTY, THERE ARE THREE OTHER ADJACENT PROPERTIES THAT AT SOME POINT WILL BE REDEVELOPED, REDEVELOPED.
[00:30:01]
THE PROPERTY OWNER IMMEDIATELY TO THE NORTH OF THE CRANES IS DECEASED.AND THERE ARE TWO LOTS THERE THAT WILL BE DEVELOPED IN THE IMMEDIATE TO NEAR FUTURE.
AND THIS IS WHAT WE CAN BE LOOKING AT AS ONE COMES DOWN WIND PIPE THAT DRASTICALLY CHANGES THE APPEARANCE OF WIND PIPE DRIVE FROM BEING A STREET TO THAT OF BEING AN ALLEY.
AND FOR THIS REASON AND THIS REASON ALONE WITH THEIR FENCE AND, AND WHAT COULD BE DONE ON THE ADJACENT PROPERTIES IN THE FUTURE, WE FEEL THAT ADVERSELY AFFECTS OUR PROPERTY VALUES.
MS. CRANE PRESENTED SOME UH, UH, PHOTOGRAPHIC EXAMPLES IN HER PACKAGE.
IT TALKS ABOUT THE TYPES OF FENCING IN OUR NEIGHBORHOOD.
PROBABLY 25% OF THE LOTS IN OUR NEIGHBORHOOD HAVE NO FENCING AT ALL.
YOU CAN VIEW DIRECTLY THROUGH THE PROPERTY WITH, UH, WITHOUT ANY VISUAL OBSTRUCTION.
THE, THE FENCE THAT THEY'RE PROPOSING PROVIDES 100% VISUAL OBSTRUCTION.
THE SLIDES THAT I'M SHOWING NEXT ARE, ARE FENCING THAT ARE ONLY LOCATED IN THE FRONT YARD.
THERE ARE THREE PROPERTIES IN, IN THE, UH, IN THE NEIGHBORHOOD THAT HAVE FENCING IN THE FRONT YARD, INCLUDING THE JEWISH SCHOOLER YBE AT THE END OF THE STREET, WHICH HAS A FOUR FOOT WROUGHT IRON FENCE, UH, 7 0 4 AND 7 0 8 CREEK BIN, WHICH ARE ALONG DAVENPORT DRIVE THAT HAVE A FOUR FOOT WROUGHT IRON FENCE.
UH, AS SHE STATED AND SHOWED, THERE ARE TWO PROPERTIES THAT HAVE CHAIN LINK FENCES THAT IS OF THE DECEASED PROPERTY OWNER IMMEDIATELY NEXT TO THEM THAT PROVIDES 100% VISIBILITY THROUGH THEIR PROPERTY.
AND THEN THE PROPERTY NEXT TO US THAT HAS A WESTERN THREE FOOT HIGH SPLIT RAIL FENCE, UH, DIRECTLY, UH, NEXT TO US.
AND THERE'S ONE PROPERTY THAT HAS WOOD FENCING AND THAT'S ON THE CORNER ADJACENT TO THE CHURCH ACROSS THE STREET FROM THE YESHIVA, BUT IT'S SIX FOOT PICKET AND HIGH, IT DROPS DOWN TO THREE FOOT AT THE STREET.
AND THE FENCE THAT THEY HAVE AROUND THEIR POOL IS BEYOND THE 30 YARD SET OR 30 FOOT SETBACK.
AND THE SLIDES THAT I HAVE FOLLOWING THIS SLIDE ILLUSTRATE ALL OF THOSE EXAMPLES IN DETAIL.
WOULD WE LIKE TO
SO THIS IS, UH, THE, THE THREE FOOT ROD IRON OR FOUR FOOT WR IRON FENCE AT THE, THE ES JEWISH SCHOOL.
THAT IS THREE PROPERTIES OVER FROM US.
IF YOU'LL ADVANCE TO THE NEXT SLIDE, THIS SHOWS THE TWO HOUSES ON THE END OF CREEK BEND WITH THE FOUR FOOT FENCE, UH, ON THIS SLIDE BECAUSE, AND THEN THE NEXT FENCE, WHICH IS A WR IRON FENCE ON THE NEXT SLIDE, BECAUSE THEY HAVE A DOG THAT THEY LET OUT IN THEIR FRONT YARD.
AND IF YOU ADVANCE TO THE NEXT SLIDE, THESE ARE THE TWO PICTURES OF THE PROPERTIES IMMEDIATELY TO THE NORTH OF THE CRANE OF THE DECEASED PROPERTY OWNER.
AGAIN, THERE'S TWO LOTS THERE WITH TWO, UH, WROUGHT IRON FENCE OR TWO CHAIN LINK FENCES THAT PROVIDE A HUNDRED PERCENT, UH, TRANSPARENCY.
THEN ON THE NEXT SLIDE, YOU SEE A PICTURE OF THE WESTERN, UH, THREE FOOT HIGH SPLIT RAIL FENCE THAT IS OUR NEXT DOOR NEIGHBOR.
AND THEN THE FINAL SLIDE SHOWS AN OPEN YARD BECAUSE THEIR FRONT YARD IS ACTUALLY TO THE SIDE HERE, OR MAIN ENTRY TO THE HOUSE.
AND THEN A SIX FOOT PICKET FENCE THAT IS BEYOND 30 FEET FROM THE FRONT YARD SETBACK WITH THE FENCE TO THE REAR BEHIND THAT BUSH THAT TAPERS FROM SIX FEET HIGH OR AT THE 30 FOOT SETBACK ALL THE WAY DOWN TO FOUR FEET HIGH AT THE, UH, THE INTERSECTION OF WIND POPPER BECAUSE THERE'S A CHURCH ON THE OTHER SIDE OF THAT FENCE.
UM, OKAY, WE, I THINK WE WILL HAVE, WE HAVE A COUPLE QUESTIONS HERE FROM THE PANEL IN THIS, UH, LAMB.
SO I HAVE A QUESTION FOR CITY STAFF, UM, SINCE THIS PROPERTY HAS TWO, UH, FRONT YARDS AND NOW HAS TO RECONCILE WITH THOSE SETBACKS, HAVE, HAVE THEY NOT HAD THAT TO, TO HAVE TO BE, TO WORK WITH? WHAT HEIGHT OF A BACK OF A A BACKYARD FENCE WOULD THEY BE ALLOWED BY? RIGHT.
WOULD IT, SO FOUR FEET WERE BEING HIGHER.
ARE THEY ONLY RESTRICTED TO THAT FOUR FEET BECAUSE IT'S TECHNICALLY A FRONT YARD? YES.
SO, SO IF IF THEY WEREN'T ON TWO FRONT YARDS, WHAT HEIGHT WOULD THEY BE ALLOWED BY? RIGHT UP TO NINE FEET.
BUT I DO WANT, UM, I'LL LET RIA, UM, CLARIFY.
UM, THE GENTLEMAN THAT JUST SPOKE, HIS, UH, PICTURES OR GRAPHICS WERE IN REFERENCE TO, UM, THE FENCE BEING PROPOSED ALONG THE ENTIRE FRONT YARD.
AND I THINK THE APPLICANT ACTUALLY REVIVED THAT.
SO IT WON'T BE ALONG THE ENTIRE FRONT YARD.
SO WHAT CAN WE PULL UP? WHAT SITE PLAN IF, UH, IT, SHE POSTED IT.
AND THEN, UM, THE OTHER, THE APPLICANT DID MENTION BOARD ON BOARD.
UM, I'M HEARING FROM THE OPPOSITION, ONE OF THE ISSUES IS THAT THERE MAY BE SOME OF THE, THE, THE METAL KIND OF, UH, POSTS THAT BE EXPOSED.
I'M HEARING THE APPLICANT SAY THAT THEY'LL DO WOOD PANELS ON BOTH SIDES FACING INWARD TOWARDS THE POOL AND THEN OUTWARDS TOWARDS, UM, THE OPPOSITION.
BUT THE, DOES THE SITE PLAN HAVE THAT AS PART OF,
[00:35:01]
OF WHAT WAS SUBMITTED? THAT'S NOT ANYTHING WE CAN ENFORCE, CORRECT? I MEAN, WE, BECAUSE WE'RE NOT TALKING ABOUT MATERIALS, WE'RE JUST HEIGHT.SO NO, WE'RE JUST TALKING ABOUT HEIGHT.
UM, AND EVEN IF WE WERE TO APPROVE ON ELEVATIONS AND SITE PLANS, UNLESS IT'S ON THERE, THEY DON'T, THEY DON'T HAVE TO BUILD WITHIN, I'M SORRY, I, I DON'T KNOW IF I'M ARTICULATING THIS WELL, ONE OF THE CONCERNS WAS, WAS THE VISUAL NATURE OF, OF WHAT WOULD BE CONSTRUCTED BOARD ON BOARD, BUT WITH THE METAL POSTS FACING, FACING ACROSS THE STREET TO THE OPPOSITION ON THE, I'M HEARING FROM THE APPLICANT, I'M HEARING FROM THE APPLICANT THAT THEY'RE, THEY'RE WILLING TO DO BOARD ON, ON BOARD BOTH SIDES.
BUT IS THAT REFLECTING THE SITE PLAN AND IS THAT SOMETHING THAT CAN BE TIED TO ELEVATION SITE PLANS? IT'S NOT PART OF IT.
'CAUSE THEY'RE NOT ASKING FOR A VARIANCE ON MATERIALS.
AREN'T REFLECTED IN THE SITE PLAN.
IT'S JUST THE, UM, ELEVATIONS IN, BUT THIS APPLICATION'S NOT TIED TO IT.
SO THAT'S OUTSIDE OF OUR PURVIEW.
AND AND THE MOTION ALSO IS TIED TO JUST THE HEIGHT? JUST THE HEIGHT AND THE HEIGHT AND THE HEIGHT LOCATION.
AND SO THE, UM, THE MOST RECENT AND THE MOST UPDATED, UH, SITE PLAN IS AHEAD OF YOU.
SO, UM, PER THE PREVIOUS INDIVIDUALS MR. SHIVERS PRESENTATION, UM, HE WAS REFERENCING THE SITE PLAN THAT SHOWED THE, UM, THE FENCE STARTING AT THE CORNER.
I DON'T KNOW IF YOU GUYS CAN SEE WHERE MY CUR IS, BUT THAT'S WHERE IT WAS ORIGINALLY STARTING AND THE, UM, THE, UH, THE CRANES REVISED THE SITE.
SO NOW IT'S JUST GOING AROUND THE POOL AREA HERE.
SO THE SITE PLAN THAT WE WERE BRIEFED ON, IS THAT DIFFERENT FROM THE THIS SITE PLAN RIGHT HERE? NO, THIS IS THE SITE PLAN WE READ.
SO IF WE WERE TO APPROVE THIS, WE DON'T NEED TO ATTACH A DATE TO THE SPECIFIC SITE PLAN BECAUSE THIS IS WHAT IS TIED TO THE APPLICATION, CORRECT? THAT'S CORRECT.
MR. KAON, DID YOU HAVE A QUESTION? UH, YES, I ACTUALLY HAVE A QUESTION.
UM, FIRST OF FAR AS CITY STAFF HERE, UM, IT WAS MENTIONED IN TESTIMONY BY THE APPLICANT THAT THERE WERE 10 LETTERS OF SUPPORT.
AND THIS IS KIND OF GOING BACK TO OUR BRIEFING, BUT THAT WAS OVER 10 HOURS AGO.
UM, WERE THESE 10 LETTERS OF SUPPORT, WERE THEY ALL WITHIN THE NOTIFICATION AREA OR, UM, THAT'S THE FIRST QUESTION.
OKAY, SO 10 LETTERS OF SUPPORT.
SO, AND THEN THE NOW QUESTION FOR OPPOSITION HERE.
SO THIS IS GOING TO GUESS THE NATURE OF HOW WE HAVE TO MAKE OUR RULINGS HERE ON THE BOARD ADJUSTMENT IS BY THE DALLAS DEVELOPMENT CODE.
AND FOR THIS PARTICULAR, UH, SPECIAL EXCEPTION, IT IS THAT IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO TESTIMONY, UM, FROM OPPOSITION, THE GUESS THE CASE HAS BEEN MADE THAT, UM, THIS WOULD ADVERSELY AFFECT NEIGHBORING PROPERTIES.
AND ONE OF THOSE WE KIND OF LOOK AT IS EFFECTS ON PROPERTY VALUE, WHICH THAT WAS MENTIONED HERE IN THE LETTER THAT WAS SENT IN BY MS. S SHIVER, UH, DATED APRIL 15TH.
SO, UM, ONE THING THAT I'M NOT HEARING, EITHER IN TESTIMONY OR IN THIS LETTER THAT WAS SUBMITTED, WHAT, UM, CAN YOU QUANTIFY AS WHAT THE IMPACT ON PROPERTY VALUE WOULD BE? BECAUSE, UM, WHAT WE'RE HEARING RIGHT NOW AS FAR AS THAT ASPECT IS IT'S A LOT OF QUALITATIVE AS FAR AS THE LOOK AND FEEL THE NEIGHBORHOOD, BUT HAS THERE BEEN ANY, UM, EVALUATIONS AS SAYING IF THIS FENCE WERE TO BE CONSTRUCTED, OUR PROPERTY VALUES WOULD SUFFER BY X PERCENT? I'M NOT ABLE TO QUANTIFY IT IN THAT WAY.
UNFORTUNATELY, WE'RE ONLY GOING TO REALIZE THAT IMPACT WHEN, WHEN AND IF WE WERE TO TRY TO SELL OUR HOME AND PART OF WHAT'S AHEAD OF YOU, UM, IF APPROVED, IT WOULD NOT REQUIRE THE UPKEEP OF THIS FENCE.
SO A DERELICT BOARD ON BOARD FENCE ACROSS THE STREET FROM OUR PROPERTY, UM, WOULD CERTAINLY BE UNSIGHTLY AS PEOPLE MIGHT BE CONSIDERING, UM, PURCHASING OUR PROPERTY IN THE FUTURE IF WE WERE TO DECIDE TO SELL, WHICH IS NOT OUR PLAN AT THIS TIME.
UM, BUT WE CANNOT QUANTIFY THAT AND IT WILL BE REALIZED LATER DOWN THE ROAD.
AND THEN WE'RE IT, AND PART OF THIS RESEARCH TOO, IT SEEMS LIKE Y'ALL HAVE DONE A THOROUGH JOB OF PRESENTING THIS OPPOSITION, BUT IF THERE ARE ANY COMPARABLES, 'CAUSE WHICH WHAT I'M HEARING RIGHT NOW IS THIS COULD HAPPEN, BUT, UM, YOU KNOW, KIND OF IN THE FACE OF THERE'S 10 LETTERS OF SUPPORT, YOU'VE GOT COMMUNITY THAT'S HERE TO SUPPORT.
SO I'M JUST TRYING TO SEE WHERE, UM, WHERE WOULD THE ADVERSE, UM, IMPACT TO THE PROPERTY BE? WELL, WHEN I WAS LOOKING AT THE, THE DOTS THERE ON THE DOTS, I'M NOT SURE HOW THAT MAP WORKS BECAUSE WE'RE IN OPPOSITION, BUT THE.IS LOCATED ACTUALLY ON A PROPERTY OF SOMEONE WHO DOESN'T LIVE THERE.
THEY'RE ACTUALLY RENTING THAT PROPERTY.
UH, SO OUR.IS ACTUALLY ONE.TO THE SOUTH PROPERTY OWNER TO THE NORTH THERE IS DECEASED.
SO I'M NOT SURE HOW SHE WROTE THE LETTER.
WE'RE SIMPLY ASKING FOR YOU TO ENFORCE YOUR OWN ZONING COORDINATES.
I DON'T FEEL THE BURDEN FALLS ON US TO PROVE THAT WE HAVE TO HIRE, UH, A REAL ESTATE APPRAISER TO, TO DEFEND OURSELVES, YOU KNOW, THAT THERE IS A DIMINISHED PROPERTY VALUE BECAUSE NOW WE'RE, WE'RE NOT LIVING WITH FRONT YARD TO FRONT YARD
[00:40:01]
NEIGHBOR.WE HAVE AN ALLEY THAT HAS BEEN CREATED BECAUSE OF THE, THE FENCE THAT HAS BEEN IMPOSED ON THIS PROPERTY AND POTENTIALLY THE THREE ADJACENT PROPERTIES.
I DON'T UNDERSTAND WHY THAT BURDEN'S ON US.
SO NO, WE HAVE NOT HIRED A REAL ESTATE APPRAISER TO VALIDATE WHAT THE COST WOULD BE THE DAY AFTER THIS FENCE GOES UP.
I'D ALSO LIKE TO NOTE OF THOSE 10 LETTERS OF SUPPORT, AND WHILE THAT MAP IS NOT ACTUALLY ACCURATE, WE ARE THE ONLY PROPERTY THAT IS DIRECTLY IN FRONT OF THE PROPOSED FENCE.
AND, AND JUST TO CLARIFY, I THINK THE STANDARD IS IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
ONE, ONE PORTION OF THAT COULD BE VALUE, OTHERS COULD BE OTHER ADVERSELY EFFECTS, OTHER ADVERSE EFFECTS COULD BE OTHER THINGS.
SO IT DOESN'T HAVE TO BE VALUE, BUT THAT'S, THAT'S WHAT MR. CANNON IS ASKING ABOUT HERE, WHICH, UH, IF I MAY PUSH BACK, WHICH IS WHY THE BURDEN IS ON YOU TO PROVE TO US, UH, THAT IT WILL ADVERSELY AFFECT YOUR PROPERTY VALUE BECAUSE THAT IS THE PRIMARY FACTOR.
UH, AM I, AM I WRONG? JUST AND JUST TO CONFIRM THAT BURDEN IS ON AN APPLICANT TO PROVE THAT IT'S NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES.
AND, AND SO I THINK WHAT, SO WITH, WITH US, UM, THE STANDARD IS IT'S NOT CONTRARY TO PUBLIC INTEREST, UM, AND WON'T HAVE ADVERSE EFFECTS ON NEIGHBORING PROPERTY.
SO FOR US AS A HOLISTICALLY AS A BOARD, WE HAVE TO KIND OF INTERPRET THOSE THAT ARE IN SUPPORT AND THOSE THAT ARE IN OPPOSITION AND TRY, TRY TO QUALIFY, UM, AND, AND QUALIFY ALL OF YOUR CONCERNS, UM, IN A WAY THAT, UM, IT SERVES THE BEST INTEREST OF, OF THIS APPLICATION, UM, AND THE NEIGHBORHOOD.
SO, YOU KNOW, WE'RE JUST, WE'RE ASKING THESE QUESTIONS, UH, AS A WAY TO TRY TO, TO COME TO THE DETERMINATION.
UM, YOU KNOW, I, Y'ALL PUT TOGETHER A GREAT CASE.
I'M ALSO LOOKING AT SOME OF THE, SOME OF THE NEIGHBORING PROPERTIES THAT DO HAVE FOUR FOOT FENCE THAT ARE CHAIN LINK, YOU KNOW, AND WE'RE, WE'RE LOOKING AT IT FROM THIS POINT OF VIEW WHERE MAYBE, YOU KNOW, I I, IS THAT IN THE BEST INTEREST OF THE NEIGHBORHOOD, RIGHT? IS THAT, IS THAT A DIMINISHED PROPERTY VALUE? RIGHT? IS THAT CONTRARY TO, TO PUBLIC INTEREST? AND UM, DOES THAT ADVERSELY AFFECT NEIGHBOR PROPERTIES VERSUS BOARD ON BOARD? RIGHT.
THIS IS, WE'RE LOOKING AT THE CONTEXT OF JUST WHAT WE HAVE IN FRONT OF US, UM, IN TERMS OF PHOTOS AND EVIDENCE SUBMITTED.
SO WE APPRECIATE YOUR PATIENCE FOR THESE QUESTIONS.
WE'RE JUST TRYING TO GET A FULL SENSE OF THIS COMMUNITY AND ALL THE FEEDBACK AS IT PERTAINS TO THIS PARTICULAR APPLICATION.
I UNDERSTAND, BUT IN RESPONSE TO MR.
WE'RE ASKING QUESTIONS RIGHT NOW.
YEAH, IF WE, IF YOU, UM, IF YOU HAVE A QUESTION ASKED, WE, WE WILL CALL YOU BACK UP.
UM, DO WE HAVE ANY OTHER QUESTIONS? UM, I ACTUALLY HAVE ONE MORE QUESTION FOR MR. OR MRS. SHIVER.
UM, YOU, YOU, UM, I THINK IT WAS MS. S SHIVER THAT YOU, YOU TALKED ABOUT THE PRESERVING THE VIEW FROM YOUR WINDOWS.
UM, AND I WAS JUST CURIOUS, WHAT, WHAT VIEW ARE YOU PRESERVING? LIKE WHAT DO YOU CURRENTLY SEE THAT, THAT YOU WANT PRESERVE A STREET, A A STREET FRONT VIEW? UM, AS IS NOTED IN THE MAY BOND ELECTION, UM, THE CITY'S LOOKING TO IMPROVE THE STREET, UM, WHICH I'M ABSOLUTELY IN FAVOR OF.
UH, BUT A, THE FRONT STREET SETBACK OR THE FRONT YARD SETBACK IS AT THE EDGE OF A FRONT STREET.
AND THE PURPOSE OF THAT IS TO HAVE THAT STREET VIEW, UM, WITH THOSE PRESERVED FRONT YARDS.
AND SO THAT IS MY CONCERN OF THAT VIEW.
UM, THAT IS WHY I HAVE PRESENTED, UH, THE DIFFERENT AESTHETICALLY MORE PLEASING FRONT YARD TYPES OF, UM, FENCING SO THAT THEY ARE ABLE TO HAVE THE SAFETY AND SECURITY OF THEIR POOL, UM, SO THAT PEOPLE CANNOT ACCESS THAT.
THAT'S A REQUIREMENT THAT CAN BE MET WITH FOUR FEET.
AND THERE ARE OTHER AREA WAYS IN WHICH THEY CAN CREATE THAT SAFETY AND PRIVACY.
UM, WITHOUT THIS EIGHT FOOT BOARD ON BOARD, UM, FROM THE VIDEO, IT WAS A GREAT VIDEO AND I REALLY APPRECIATE THAT PART OF THE BRIEFING THAT YOU GUYS GET.
UM, YOU'RE ABLE TO VIEW OUR TINY NEIGHBORHOOD AS YOU DRIVE AROUND THERE AND THERE IS NO OTHER EIGHT FOOT BOARD ON BOARD FENCE.
THEREFORE, THAT'S WHY THIS ONE WOULD STAND OUT SO MUCH AND BE, UM, CONTRADICTORY TO THE ESSENCE OF OUR NEIGHBORHOOD.
AND MOSTLY WHAT I MEAN BY OUR VIEW.
AND PERFECT SEGUE TO MY NEXT QUESTION.
I BELIEVE YOU ALSO MENTIONED THAT THEY'RE, WHAT THEY'RE PROPOSING WOULD CONTRADICT THE, THE NEW STREETSCAPE IMPROVEMENTS.
CAN YOU DESCRIBE IN MORE DETAIL HOW IT WOULD ACTUALLY CONTRADICT THAT AND WORK AGAINST IT? SO AS THE PROPOSAL IS UNDERSTOOD, UM, IT WOULD WIDEN CREEK BEND AND WIND PIPER FROM THAT 17 FOOT ASPHALT TO THE 24 FOOT, UM, STREET WITH, UM, GUTTERS AND SIDEWALK, WHICH MEANS THAT ESSENTIALLY THAT EXPANDS AND IT GETS RID OF OUR BARISH, WHICH WE'RE
[00:45:01]
VERY MUCH IN FAVOR OF.UM, BUT THAT CREATES A, UM, DIFFERENT STREET VIEW, UM, THAT A FENCE OF THIS NATURE AGAINST THAT SIDEWALK ON A FRONTED STREET CONTRADICTS THE FRONT YARD SETBACK, UH, WHICH IS THE PURPOSE OF THIS REGULATION.
DO WE HAVE ANY OTHER QUESTIONS? AND IF, IF NOT WE'RE, I'M GONNA BRING, UM, ACTUALLY HAVE A FOR REBUTTAL.
UM, MS. CRANE, IF YOU, YOU HAVE, UM, A REBUTTAL, YOU HAVE SIX MINUTES AND THEN WE WILL PROBABLY HAVE A FEW QUESTIONS FOR YOU AS WELL.
AND I, FOR CLARITY, CAN WE PUT MR. SHIVERS PRESENTATION BACK UP BECAUSE I JUST WANNA MAKE SURE THOSE PICTURES WERE INACCURATE AND, AND, AND THAT THE BOARD IS AWARE THAT THOSE PICTURES WERE MORE THAN DOUBLE THE LENGTH OF THE PROPOSED FENCE.
AND, AND MR. SHIVER BROUGHT UP OUR CONVERSATION.
SHE KINDLY, UM, REQUESTED THAT WE HAD A ONE-ON-ONE CONVERSATION IN MY REAR PROPERTY.
AND I DID INFORM HER AT THE TIME THAT THOSE DOCUMENTS ONLINE WERE GOING TO BE UPDATED.
AND AS SHE ALSO NOTED, UH, TO THE BOARD ABOUT US SAYING WE WERE GOING TO MODIFY THE FENCE, I'M NOT QUITE SURE WHY THESE PICTURES ARE INACCURATE.
UM, IF YOU GO DOWN TO THE PICTURES OF THE, UH, FENCE FENCES, THOSE, THOSE GO WELL PAST, THEY GO PAST THE ENTIRE PROPERTY, THE, THE FENCE IS ONLY GOING PAST THE POOL AND, AND THE PATIO THERE.
SO, UM, IT WILL BE QUITE A DIFFERENT VIEW THAN WHAT THEY'RE, THEY'RE SHOWING IN THEIR, IN THEIR PICTURES.
WOULD STAFF MIND POINTING OUT WITH AN ARROW.
UM, OKAY, SO THAT'S, THAT'S RIGHT.
SO IT'S JUST THE PATIO AND THE POOL AREA.
SO THE NEXT IMAGE THAT THEY JUST PUT UP, IS THAT ACCURATE? THE NEXT SLIDE? NO, THAT'S NOT OKAY.
SO YOU'RE SHOWING US THE ARROW OF WHERE, AND I'LL JUST KEEP TALKING 'CAUSE I DON'T WANNA LOSE MY TIME.
I DON'T KNOW HOW QUICKLY IT WILL GO.
UM, I JUST WOULD LIKE TO PROVIDE ADDITIONAL NUMBERS TOO.
UM, TO PROVIDE CONTEXT TO OUR REQUEST.
OUR, THE REAR SIDE OF THE HOME IS ABOUT 90 FEET IN LENGTH.
WE'RE ASKING TO ENCLOSE LESS THAN HALF OF THAT.
AS YOU CAN SEE, UM, ABOUT 40% TO THE EXACT, THE ACTUAL LENGTH OF THE ENTIRE REAR OF THE PROPERTY IS 200 FEET.
SO WHEN YOU THINK ABOUT THAT, WE'RE ONLY ASKING TO ENCLOS PRIVACY FOR LESS THAN A QUARTER OF THE REAR SIDE.
AND, AND A REASON FOR THAT WAS, SURE, I DON'T WANNA COVER UP THE BEAUTIFUL PART OF THE HOME, BUT WAS ALSO IN CONSIDERATION OF THE SHIVER AS WELL.
THERE ARE A LOT OF TEXAS OWNERS THAT WOULD LIKE TO, TO COVER THEIR ENTIRE REAR PROPERTY.
AND I, I ALSO, UM, WANNA HAVE A SMALL FENCE AS POSSIBLE, BUT, UM, KNOW THAT WHEN I'M ENJOYING THE PATIO AND POOL WITH MY FAMILY, THAT THE SHIVER OR ANYBODY ELSE AT THE PUBLIC OR YOU KNOW, LIKE THE RABBI WAS SAYING, ANY OF THE, THE SCHOOL BOYS COMING UP AND DOWN THE STREET, THAT I CAN KNOW THAT WHEN WE'RE IN OUR SWIMWEAR, MYSELF AND MY DAUGHTERS, THAT WE HAVE UTMOST PRIVACY.
UM, AND THAT WOULD BE A REASON FOR THAT.
MRS. SHIVER STATES TO CONSIDER OTHER OPTIONS WITHIN THE REGULATIONS.
UNFORTUNATELY, THOSE WILL NOT PROVIDE THE PRIVACY WE DESIRE FOR OUR FAMILY AND OUR DAUGHTERS.
SHE LEAVES OUT ANY MENTION OF SECURITY AS SHE KNOWS THAT WILL NO LONGER BE PROVIDED WITH SUCH OFFENSE.
THIS IS APPARENT AND PERHAPS WHY YOU DON'T SEE ANYBODY ELSE HERE TO CONTEST IT.
IT'S A FACT THAT MR. SHIVERS HUSBAND JOHN WAS THE ONE AND ONLY PERSON HERE TO CONTEST OUR LAST VARIANCE IN THE LATE 2022, A VARIANCE THAT WAS APPROVED.
AND NOW A BEAUTIFUL HOME SITS THERE WHERE ONCE A DEBILITATED HOME ONCE SAT, AT THE TIME HE WAS VERY WORRIED THAT OUR PROPOSED BILL WOULD DUE TO THEIR PROPERTY VALUE, GIVEN THAT IT'S A CLEAR PRIORITY AS IT SHOULD BE, THAT THEIR PROPERTY VALUE BE MAINTAINED.
IT'S SAFE TO SAY THAT OUR HOME HAS ENHANCED THE PROPERTY OF NOT ONLY THE SHIVERS, BUT THE ENTIRETY OF THE NEIGHBORHOOD.
MR. SHIVERS PAST WORRY DID NOT COME TO FRUITION AND NEITHER WILL THIS ONE.
THE IDEA THAT THE PROTECTION AND PRIVACY OF OUR HOME SOMEHOW AFFECTS THE PROPERTY VALUE OF THE SHIVERS IS AN INACCURATE AND MISTAKEN.
SHE ALSO NOTES THAT WE CREATED OUR OWN HARDSHIP.
WE WENT THROUGH THE PROPER CHANNELS TO GET THE VARIANCE.
SHE'S UNLIKELY AWARE THAT THE POOL WAS INCLUDED IN THE APPROVED PLANS FROM THE PREVIOUS VARIANCE APPROVAL AND THE POOL WAS BUILT IN COMPLIANCE TO THE SPECIFICATIONS OF THOSE APPROVED SITE PLANS.
LASTLY, I WANT TO ADDRESS THE IDEA THAT FENCE WOULD TURN OUR STREET INTO AN ALLEY LIKE FEEL.
[00:50:01]
THE DEFINITION OF AN ALLEY IS A NARROW LANE FOR PEDESTRIANS OR SERVICE THAT RUNS BETWEEN OR BEHIND BUILDINGS.PREVIOUSLY I PROVIDED EXACT FOOTAGE BETWEEN OUR PROPOSED FENCE TO THE SHIVERS HOME OVER 100 FEET IN LENGTH, AND I WOULD HARDLY CONSIDER THAT NARROW.
THEY ALSO TALK ABOUT THEIR VIEW, WHAT THEIR VIEW WOULD LOOK LIKE.
UNFORTUNATELY, THEIR VIEW IS OF US ENJOYING OUR TIME WITH THE HOME, HOME THAT WE WORK SO HARD TO BUILD, NO OFFENSE TO THEM, BUT I DON'T WANT THEM TO SEE US, NOT JUST THEM, BUT THE PUBLIC.
WE ARE DOING OUR UTMOST CONSIDERATION TO BUILD AS SMALL OFFENSIVE PO AS POSSIBLE.
BUT THE HEIGHT THAT WE REQUIRE TO HAVE BOTH PRIVACY AND SECURITY, WE RECEIVE 10 SUPPORT LETTERS WITHIN THE NOTIFICATION LIST, ADDITIONAL FOUR RIGHT OUTSIDE THE 200 FOOT NOTIFICATION AREA.
I HOPE YOU WERE ABLE TO WATCH THE VIDEOS OF SUPPORT AS WELL.
BUT WE KNEW WE WOULD HAVE TO COME WITH EVERYTHING THAT WE HAD BECAUSE I REMEMBER MR. SHIVER FROM OUR LAST VARIANCE, I'M SURE YOU DON'T SEE THIS TYPE OF PRESENTATIONS ALL FOR ONE FOUR FEET OF A HEIGHT OF A FENCE.
WE KNEW WE WOULD HAVE TO PROVE OUR OPINION AND THAT OF THE NUMEROUS NEIGHBORS IN OUR NEIGHBORHOOD THAT THIS DOES NOT NEGATIVELY AFFECT PROPERTY VALUE.
EVERYTHING WE HAVE DONE THIS FAR HAS ONLY DONE THE OPPOSITE.
UM, WAIT, YEAH, YOU HAVE 40, 40 MORE SECONDS.
ACTUALLY, IF YOU WANT TO, YOU WANT TO FINISH UP FOR SIX MINUTES.
UM, I JUST WANTED TO MAKE IT CLEAR TO AGAIN, THAT THAT FENCE, JUST IMAGINE IT THAT A COURSE IT WILL BE BOARD ON BOARD ON BOTH SIDES.
UM, I DIDN'T MENTION THIS BEFORE, BUT WE HAVE PLANNED VEGETATION ON THE OUTSIDE OF THE FENCE AS WELL.
I KNOW YOU CAN'T PUT IT INTO THE WRITING, BUT THAT IS WHAT WE'LL DO.
AND IF YOU CAN SEE THE, THE LOOK OF OUR HOME, THEY, THEY MENTIONED, WELL WHAT IF THE FENCE IS UNKEPT? DOES IT LOOK LIKE THIS IS A, A FAMILY THAT IS GOING TO JUST LET A FENCE GO UN KEPT? WE'RE NOT, WE'VE WORKED VERY HARD TO GET THIS HOME THIS WAY.
WE'RE NOT ABOUT TO LET SOMETHING, YOU KNOW, BE UNKEPT THAT'S, THAT'S NOT, THAT'S NOT THE WAY WE GREW UP AND THE WAY THAT, UM, WE WOULD ACT.
SO YOU HAVE MY MY PROMISE THAT THAT WOULD NOT HAPPEN.
UM, I, WE, I THINK WE'LL HAVE A FEW QUESTIONS, UM, BUT I HAVE UM, ONE REQUEST OF MS. JORDAN.
COULD WE LOOK AT THE SITE APPROVED CYCLING? BECAUSE I WANNA MAKE SURE THAT YOUR ARROW THAT YOU HAVE IS LINES UP IN THAT EVERYBODY, SO IT WOULD GO A LITTLE BIT FURTHER? YEAH.
UM, SO IT WOULD GO TO THE EDGE, EDGE OF THE ROOM WITH THE, THE PATIO.
SO THAT WOULD GO I WOULD A LITTLE BIT FURTHER.
SO THE IMAGE THAT WE'RE, SO JUST SO, SO WHAT YOU'RE SAYING, SO FROM THAT ARROW I CAN HARDLY SEE IT.
SO THEN CUT OFF THE RIGHT HALF OF THAT FENCE.
DO WE HAVE ANY QUESTIONS FOR THE APPLICANT, MS. LANE? UM, YES.
UM, MS. CRANE, UM, IT IS, IS IT IN YOUR TESTIMONY OR YOUR OPINION THAT BY CONSTRUCTING THIS FENCE IF APPROVED, THAT IT WOULD DIMINISH YOUR PROPERTY VALUE? OUR PROPERTY VALUE? ABSOLUTELY NOT.
WHAT, WELL, IF THIS WAS APPROVED, WHAT DO YOU THINK CONSTRUCTING OFFENSE OF THIS SORT WOULD DO TO YOUR PROPERTY VALUE? FOR OUR, OUR PROPERTY VALUE, I THINK IT WOULD INCREASE BECAUSE IF WE WERE TO EVER SELL, WHICH WE WOULD, WE DON'T EVER PLAN ON SELLING EVER IN OUR LIVES.
UM, ANYBODY THAT BUYS A HOME WANTS A LITTLE BIT OF PRIVACY AND HA HAVING THAT FENCE THERE, UM, ANYONE THAT WOULD WANNA BUY THAT HOME WOULD APPRECIATE HAVING THAT FENCE AROUND THE POOL ON THE PATIO.
UM, MY OTHER QUESTION IS, IS THERE WAS SOME CONCERNS RAISED BY YOUR NEIGHBORS ABOUT WHETHER, UM, AND YOU, YOU MENTIONED IT WHETHER THIS FENCE OF CONSTRUCTED WOULD BE MAINTAINED OR, OR WHETHER IT BECOME DILAPIDATED.
UM, CAN YOU SPEAK A LITTLE BIT MORE TO THAT? AND THEN ALSO COULD YOU SPEAK TO, UM, THE, THE, THE SAME IN REGARDS TO IF YOU WERE TO PLANT SHRUBS, WHAT, WHAT, WHAT SORT OF MAINTENANCE THAT LOOKS LIKE AND WHAT IMPACT THAT WOULD HAVE IF, IF, IF THAT WAS NOT MAINTAINED AND WHAT THAT WOULD MEAN FOR THE, FOR THE NEIGHBORING PROPERTY VALUES? UH, I WOULD THINK IN GENERAL IF A FENCE ISN'T MAINTAINED IT, IT COULD BE UNSIGHTLY.
UM, AND AS FAR AS THE LANDSCAPING THAT WE HAVE PLANNED, WE HAVE IRRIGATION THERE FOR THE BUSHES THAT WE HAVE PLANNED ON THE SIDE THAT OUR NEIGHBORS WILL SEE.
UM, AND THEN THIS WOULD BE A CEDAR PLANK FENCE.
SO THIS IS SOMETHING THAT WE CAN MAINTAIN YEAR OVER YEAR, UM, AND IT CAN BE BEAUTIFUL YEAR AFTER YEAR AS LONG AS ONE MAINTAINS IT.
AND THEN WOULD THAT BE, UM, LESS MAINTENANCE AND, UM, THAN, THAN CONSTRUCTING A FOUR FOOT FENCE AND, AND SHRUBBERY
[00:55:01]
AND TRYING TO MAINTAIN FOR AESTHETIC PURPOSES? UM, I, I THINK IT WOULD BE THE SAME MAINTENANCE.DO YOU HAVE ANY ADDITIONAL S UH, YES.
ON THAT SAME SUBJECT, WILL YOU BE USING METAL POSTS OR WOOD POSTS? UH, IT'S A, IT WILL BE A ALL CEDAR FENCE PLANK FENCE.
THE, THE METAL PIPES WOULD BE INSIDE IT STRUCTURE? YEAH, THAT'S WHAT I MEANT.
AND THEN THE, THE PLANKS WILL BE ON BOTH SIDES.
AND THEN MY QUESTION FOR THE APPLICANT HERE, UM, I THINK, YOU KNOW, PART OF THIS SPECIAL EXCEPTION FOR THAT PART, BUT IT IS REGARDING THE FENCE HEIGHT.
UM, I UNDERSTAND FROM THE PICTURE HERE THAT IS NOT THE FULL LENGTH OR THAT'S NOT AN ACCURATE DEPICT, BUT IT'S SCAR FOR THE EIGHT FEET.
UM, WHY EIGHT FEET? UM, I THINK I HEARD IN TESTIMONY, BUT CAN YOU JUST CLARIFY? MM-HMM,
SO I HAD SAID BEFORE, A FOOT FOUR FOOT FENCE ALLOWS US ONE FOOT OF PRI PRIVACY, ONE LOOKING DOWN, AND THEN THE EIGHT FOOT THAT WE REQUESTED DOES GIVE US FIVE FEET.
UM, IT SOUNDS LIKE THOUGH, FROM MR. SHIVERS TESTIMONY THAT YOU SAID FROM THEIR UPSTAIRS WINDOW THEY'LL SEE DOWN REGARDLESS, BUT WE'RE STILL TRYING.
WOULD YOUR PRIMARY CONCERN, UM, FOR PRIVACY SAFETY WOULD BE FROM THE PEDESTRIANS THOUGH, NOT JUST PARTICULARLY ONE HOUSE FROM ACROSS THE STREET? YES.
THANK YOU MR. AL, DO YOU HAVE ANY QUESTIONS? UM, YES, I ACTUALLY DO.
SO, UM, WHEN YOU ACTUALLY DEVELOPED THIS, YOU KNOW, PARTICULAR PLAN, DID YOU INFORM THE SHIVERS, LIKE EXACT, LIKE THE DIMENSIONS, LIKE THE LENGTH, BECAUSE LIKE OBVIOUSLY THEY HAVE A DIFFERENT PERSPECTIVE OF OR UNDERSTANDING OF, OF, OF THE LENGTH OF THAT FENCE RUNNING THE ENTIRE, ESSENTIALLY THE ENTIRE LOT ITSELF ON THAT BACK END.
SO DID YOU HAVE, LIKE, WERE YOU ABLE TO SHOW THEM LIKE FROM A VISIBLE PERSPEC UH, PERSPECTIVE? YES, I HAD A ONE-ON-ONE CONVERSATION WITH MRS. SHIVER, AND I DID LET HER KNOW THAT THE PLANS THAT WERE CURRENT AT THE TIME AND THIS WAS WEEKS AGO WERE OUTDATED AND THAT WE WERE MOVING IT TO JUST BEHIND THE PATIO AND THE POOL AND THOSE PLANS WERE UPDATED ON THE SITE.
AND SO IT WAS AN ERROR ON THEIR PART TO PRESENT THIS.
DID YOU MAKE THAT MOVE IN REGARD TO, OR IN RESPONSE TO THEIR CONCERNS AS FAR AS LIKE THE REDUCTION IN SURFACE AREA AND LENGTH OF THE FENCE? NO, I, WE MADE THAT DECISION PRIOR TO TALKING TO MRS. SHIVER.
I, I WAS HOPEFUL THAT THEY WOULD BE, UM, ALSO THINK IT WAS, UH, A CONSIDERATION AND A MODEST REQUEST, UM, THAT WE WERE TRYING TO BE BOTH CONSIDERATE BUT ALSO HAVE PRIVACY AND SECURITY.
UH, AND THAT'S WHY I MADE THAT, UM, DECISION TO MOVE IT JUST BEHIND THE PATIO AND POOL AREA.
DO WE HAVE ANY ADDITIONAL QUESTIONS FOR THE APPLICANT OR IN THAT CASE, THANK YOU.
UM, I DID, I DID WANNA JUST MAKE ONE POINT OF CLARIFICATION SINCE THERE WERE SOME QUESTIONS ABOUT MATERIAL.
THE, UM, REQUEST IS ONLY FOR INSIDE REGULATION.
SO I KNOW MATERIAL IS IMPORTANT, BUT THAT'S NOT, WE SHOULD NOT BE TAKING THAT INTO ACCOUNT.
UM, SO WITH THAT, UM, I'LL ENTERTAIN A MOTION.
MS. LAMB, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 4 5 ON APPLICATION OF CARE CRANE GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT AND EIGHT FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENTS FOR FENCES CONTAIN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO, FOR THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE, HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION INVOLVE SITE PLANS ARE REQUIRED.
WE HAVE A SECOND, A SECOND, SECOND MOTION.
UM, YOU KNOW, I KNOW THAT, THAT THERE'S, THERE'S, UM, A LOT OF SENTIMENT ON BOTH SIDES.
I THINK THE APPLICANT DID A REALLY GOOD JOB OF REACHING OUT TO NEIGHBORS.
UM, I THINK THERE WAS SOME CONCERNS THAT WERE BROUGHT FROM, FROM THE, UM, THOSE THAT OBJECTED,
[01:00:01]
BUT I THINK THAT WITH THE PRESENTATION AND MINIMIZING THE, THE LENGTH OF, OF THE FENCE, UM, CERTAINLY HELPED MINIMIZE A LOT OF THOSE CONCERNS BROUGHT BY THE OBJECTION.BUT, YOU KNOW, I, I LOOKED AT THIS A FEW WAYS.
UM, I DO THINK THAT THAT ALLOWING THIS WOULD, WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
UM, AND ALTHOUGH IF THIS MOTION DOES PASS, WE, WE CAN'T, UM, WE CAN'T FORCE THE APPLICANT TO DO BOARD ON BOARD WITHOUT POLLS OR, OR DO ANY, ANY SORT OF LANDSCAPING.
BUT I I, I HAVE THIS FEELING THAT THE APPLICANT WILL, WILL BE A GREAT NEIGHBOR AND, AND CERTAINLY PUT FORTH THE BEST EFFORT HERE.
BUT I ALSO THINK MOST IMPORTANTLY, I THINK THIS IS A SAFETY ISSUE, UM, WITH THE SCHOOL DOWN THE STREET.
UM, I THINK THE FACT THAT THERE'S 10 PEOPLE THAT SHOWED UP IN SUPPORT, UM, AND THE WORK THAT WAS DONE WITH THE APPLICANT, UM, TO REALLY MINIMIZE THE FOOTPRINTS IN TERMS OF, OF THE FULL SCALE OF THE FENCE, BUT ALSO WITH REACHING OUT TO THOSE NEIGHBORS.
UM, AND I ALSO THINK THAT THE CONCERNS THAT, THAT, UM, ARE PUT FORTH ABOUT, UM, A DETERIORATION OF FENCE.
I THINK HAVING A LANDSCAPING REQUIREMENT THERE WITH A FOUR FOOT FENCE WOULD PROBABLY BE SOMETHING THAT, UM, REQUIRES A LOT MORE MAINTENANCE AND MAY HAVE A GREATER DOWNSIDE TO, UM, TO THE NEIGHBORS AND, AND HAVE A, AN ADVERSE EFFECT ON NEIGHBORING PROPERTY.
SO FOR ALL THOSE REASONS, I, UM, MOVED TO GRANT THIS MOTION.
DO WE HAVE ANY OTHER DISCUSSION? UM, I WILL BE SUPPORTING THIS MOTION AS IS PUT FORTH.
UM, I THINK THAT BOTH SIDES DID.
UM, THANK YOU BOTH FOR THE INFORMATION THAT WAS PRESENTED.
UM, AGAIN, TO THE POINT OF THIS SPECIAL EXCEPTION FOR ADVERSELY AFFECTING NEIGHBORING PROPERTY, THE, UM, I JUST DID NOT FEEL THAT THE, THE CASE WAS MADE STRONG ENOUGH FOR HOW THIS PROJECT AS PROPOSED WOULD NEGATIVELY IMPACT, UM, REAL PROPERTY VALUES AND ALSO TAKING INTO CONSIDERATION THE SAFETY ASPECT.
UM, I ALSO THANK THE APPLICANT FOR, UM, AGAIN, WELL NOT THE APPLICANT BUT BOTH SIDES FOR PRESENTING YOUR VIEWS, BUT I WILL BE SUPPORTING THE MOTION TO GRANT.
EVEN THOUGH THE ONLY PARAMETERS IN WHICH WE CAN MAKE A MOTION HERE AND CONSIDERATION OF SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBOR PROPERTY, UM, THIS PROPERTY IS CHALLENGED BY TWO FRONT YARDS.
UM, AND THIS IS ESSENTIALLY THE BACKYARD.
UM, AND HAD THEY NOT HAD THE RESTRICTIONS OF TWO FRONT FRONT YARDS, THEY WOULD BE ALLOWED TO BUILD A NINE FOOT FENCE, UM, BY RIGHT.
AND SO, YOU KNOW, THAT IS ONE OF THE COMPONENTS, EVEN THOUGH WE'RE NOT CONSIDERING IT, IT'S NOT SOMETHING THAT I CAN IGNORE HERE.
BUT OVERWHELMINGLY THE APPLICANT MADE THE CASE THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT ME.
MR. AL, DO YOU HAVE ANY DISCUSSION? NO, NOT AT THIS TIME.
CHAIR, THEN I WILL CALL, UM, ASK FOR A CALL VOTE MR. CANNON.
MOTION TO GRANT PASSES? FIVE TO ZERO.
YOU WILL BE NOTIFIED BY CITY STAFF OF THE, UH, SO WITH THAT WE WILL MOVE ON TO CASE BDA 2 3 4 DASH 0 4 9.
UM, ADDRESS 73 0 7 ROBIN ROAD.
ARE THERE ANY SPEAKERS IN SUPPORT THE APPLICANT'S HERE? OKAY, PLEASE.
I
JUST, UH, EVERYBODY WHO WAS HERE FOR THE LAST CASE, YOU ARE FREE TO LEAVE IF YOU WOULD LIKE, BUT YOU ARE ALSO WELCOME TO WATCH THE WHEELS OF, UM, CITY GOVERNMENT, UH, MOVE FORWARD.
OH, MS. CRANE, IF YOU'D HOLD ON ONE MOMENT.
MS. UH, MS. JORDAN NEEDED TO SPEAK WITH YOU
[01:05:15]
FOR THE RECORD.THE APPLICANT HAS PROVIDED US ADDITIONAL, UM, INFORMATION AND THERE ARE, WHICH IS LESS THAN FIVE PAGES.
SO WE MAY ACCEPT THAT WITHOUT, SO WITHOUT WE, WE DON'T NEED TO VOTE ON THAT.
UM, AND MR. AL DO WE, UM, DO WE HAVE A DIGITAL COPY, UH, FOR MR. AL OR IS THERE A, I THINK IF NOT HE HAS A LETTER I SEPARATE FROM THIS, THE, THE LAST TWO DRAWINGS, UH, MS. JORDAN, MS. JORDAN WILL BE FORWARDING THE EMAIL TO YOU, MR. AL THAT CONTAINS THE TWO, UM, EXTRA DOCUMENTS.
AND WE'LL, IF WE JUST GIVE, UH, MS. JORDAN A COUPLE MINUTES SO THAT MR. NOTALL IS ON THE SAME PUDDING AS THE REST OF US WHILE YOU PRESENT, I'M GOING TO SWEAR HER IN.
BUT I'D LIKE TO WAIT FOR, UH, FOR HER TO BEGIN PRESENTATION WHEN AFTER MR. MEADOWS USED THE DOCUMENTS, BUT WE CAN GET HER READY TO GO.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE SPEAK IN THE MICROPHONE.
PLEASE STATE YOUR NAME AND ADDRESS.
7 3 0 7 ROBIN ROAD, DALLAS, TEXAS 7 5 2 0 9.
SHALL I BEGIN? WAIT ONE SECOND.
WE WANT TO MAKE SURE MR. AL, WHO'S VIRTUAL HAS, UH, THE DOCUMENTS YOU JUST GAVE US.
UM, OKAY, WE'LL TAKE, YEAH, LET'S TAKE A, UM, LET'S TAKE, WE'RE GONNA TAKE A FIVE MINUTE RECESS SO THAT WE CAN GET THESE TO MR. NUTTALL AND WE WILL RECONVENE AT, UM, TWO 15.
I CAN'T RECALL IF I SENT THOSE LAST TWO PAGES.
I THINK I WORKED ON THOSE LATE.
SO IF YOU HAVE, HAVE, DO YOU JUST HAVE, UM, DO YOU HAVE A DIGITAL COPY THAT WE COULD SHARE WITH? OKAY.
UM, YOU KNOW, I CAN JUST FOLLOW ALONG.
I COULD TAKE A PHOTO AND EMAIL IT.
YEAH, LET'S, WE'LL, WE'LL SCAN IT REALLY QUICKLY AND GET IT TO YOU.
WE'RE, WHILE WE'RE DOING THIS.
[01:13:44]
WE'RE, WE'RE STILL WAITING FOR THE DOCUMENTS, SO WE'LL PROBABLY NEED ANOTHER TWO MINUTES.[01:17:02]
WE ARE WAITING FOR, UH, MR. THOMPSON IS SCANNING THESE DOCUMENTS SO THAT WE CAN GET A TO, UH, MR. NUTTALL, UM, TAKING A COUPLE MORE MINUTES THAN I THOUGHT I WAS GOING TO, BUT HOPEFULLY OKAY.ALRIGHT, MR. NUTTALL, I BELIEVE YOU JUST HAVE GOTTEN AN EMAIL FROM MS. WILLIAMS THAT SHOULD HAVE HIM IN THERE.
AND I'LL GIVE, UH, MR. THOMPSON A SECOND TO GET BACK HERE.
OR DO YOU THINK HE WE DON'T NEED TO WAIT ON HIM? YEAH, WE CAN PROCEED IN YOU READY CHAIR.
UM, NOW THAT, UH, MR. AL, DID YOU RECEIVE THE DOCUMENTS? I DID CHAIR.
UM, WE, I WILL CALL THE MEETING BACK TO ORDER AT 2:21 PM AND WE HAVE THE APPLICANT READY TO SPEAK.
YOU HAD HAVE, UM, JUST WANTED, HAVE WE SWORN HER IN? SORRY? HAS SHE BEEN SWORN IN AND READY? AND SHE'S READY TO GO.
OKAY, SO WE HAVE, YOU HAVE FIVE MINUTES.
I THINK YOU NEED TO HIT THE BUTTON.
AND YOU FEEL FREE TO PULL THE, PULL THE MIC DOWN IF THAT'S MORE COMFORTABLE.
SO THANK YOU ALL FOR YOUR CAREFUL REVIEW OF THIS CASE, UM, AND ALLOWING ME TO SPEAK ON IT TODAY.
AND APOLOGIES FOR
[01:20:01]
HAS BEEN, UH, VERY, VERY EDUCATIONAL AND I'M GRATEFUL TO EVERYONE AT THE CITY WHO'S WORKED WITH ME ON, UH, GETTING ME THROUGH THIS PROCESS.UM, IF I EVER COME HERE AGAIN, WHICH I HOPE TO NOT HAVE TO, I PROMISE TO BE BETTER PREPARED WITH A PRESENTATION LIKE EVERYONE ELSE TODAY.
UH, HOPEFULLY YOU'VE GOT ALL THE DOCUMENTS ON YOUR SIDE TO BE ABLE TO REVIEW THOUGH.
UM, OVER THE LAST 10 MONTHS, I'LL SAY, I, UM, HAVE REALLY, REALLY ENJOYED, UM, WORKING IN THIS NEIGHBORHOOD.
I'VE HAD THE OPPORTUNITY TO SPEAK WITH A LOT OF THE RESIDENTS AS THEY'RE COMING OUT OF, YOU KNOW, INTO THEIR FRONT YARDS, WALKING THEIR DOGS, INTRODUCING THEMSELVES, UM, AND EVEN, YOU KNOW, THE PEOPLE AT THE STORE AROUND THE CORNER.
I MEAN, IT'S REALLY A WONDERFUL SENSE OF COMMUNITY I HAVEN'T EXPERIENCED BEFORE.
UM, SO IT'S REALLY, YOU KNOW, OPENED MY EYES TO, YOU KNOW, REALLY WHAT THIS WHOLE ELM THICKET, UM, PRESERVATION, UM, ENERGY IS ALL ABOUT.
UM, IT, IT, I REALLY HAVE A LOT OF RESPECT FOR THAT.
UM, AND I, I REALLY BELIEVE IN PRESERVING, YOU KNOW, HISTORY OF, UM, OF NEIGHBORHOODS LIKE THIS.
UM, SO, YOU KNOW, I'LL EVEN MENTION THAT MY, MY MOTHER GREW UP IN, IN OAK CLIFF IN THE FORTIES AND FIFTIES AND SPOKE, UM, YOU KNOW, THIS IDYLLIC CHILDHOOD.
AND SO I, YOU KNOW, IT REALLY IS CLOSE TO MY HEART AND, UM, YOU KNOW, IT'S PROBABLY WHY I HAVE A PASSION, UM, FOR NOT EVEN DOING MODERN HOMES LIKE THIS.
IT'S REALLY FOR RESTORING, UM, AND, UM, PRESERVING CHARACTER OF OLDER HOMES IS WHAT I TRADITIONALLY HAVE BEEN DOING.
UM, SO I SAY ALL THAT TO SAY, YOU KNOW, I MIGHT FROM THE OUTSIDE APPEAR TO BE SOME OUTSIDER, YOU KNOW, JUST COMING INTO, YOU KNOW, BUILD A HOUSE AND I DON'T CARE.
AND, YOU KNOW, UH, THE NEIGHBORHOOD DOESN'T MATTER, THE PEOPLE THAT MATTER, IT'S FAR, FAR, FAR FROM THE TRUTH.
UM, I CAME INTO THIS PROJECT WITH NOTHING BUT GOOD INTENTIONS JUST TO FINISH, UH, AN ABANDONED PROJECT THAT HAD BEEN SITTING FOR OVER A YEAR, UM, AND WANNA FINISH IT WITH THE HIGHEST REGARD OF INTEGRITY TO THE HOME, TO THE NEIGHBORHOOD, THE COMMUNITY, AND TO THE CITY OF DALLAS.
UM, BUT THE FACT IS THAT THIS WAS A HOUSE THAT WAS BUILT IN 2015.
UM, THERE'S, THERE'S NO GOING BACK TO A 1950S HOME.
UM, THIS, THIS IS A MODERN HOUSE, TWO STORIES BUILT IN 2015.
THE ADDITION, UM, THAT HAS THE ROOF THAT WERE, THAT'S IN QUESTION TODAY WAS BUILT IN 2022 BY THE PREVIOUS OWNER.
UM, IN 2023 WHEN I PURCHASED THE HOME, THERE WAS NO MENTION, NO, UM, CONCERNS OR ANYTHING WITH THE ROOF.
UM, THIS WAS NOT, UH, ANYTHING THAT WAS ABLE TO BE SEEN VISIBLY LOOKING AT THE HOUSE.
UM, WHEN HEIGHT VALUATIONS HAVE BEEN DONE, THE NEXT DOOR NEIGHBOR CLOSEST TO THE THE HIGHEST PORTION OF MY HOUSE, UM, IS 0.1 FEET DIFFERENT.
SO THAT COMES OUT TO, I THINK, ONE AND A HALF INCHES.
SO VISIBLY LOOKING AT IT, NO ONE WOULD EVER THINK THAT THERE'S ANYTHING WRONG WITH IT.
UM, GOING TO THE CITY AND PULLING THE RECORDS THAT WERE ON FILE FOR PERMITTING THAT HAD BEEN DONE AND INSPECTIONS THAT HAD BEEN DONE, THERE WAS NO RED FLAGS, NO RED TAGS, NO, UM, CAUSE FOR CONCERN ABOUT THIS ROOF WHATSOEVER.
UM, ADDITIONALLY, THE, UH, THE LOWERING OF THE ROOF, UM, WOULD REALLY SERVE NO PURPOSE IN HELPING THE COMMUNITY, UH, NOT AESTHETICALLY, UM, AND CERTAINLY NOT IN TRYING TO GET THIS CONSTRUCTION PROJECT COMPLETED.
UH, AS HAS BEEN SEEN WITH THE OUTPOUR OF SUPPORT FROM THE COMMUNITY, UM, QUITE FRANKLY, SOME OF THEM ARE, ARE FED UP WITH THE CONSTRUCTION THAT THEY'VE HAD TO LIVE WITH FOR YEARS AND THEY WANT MORE THAN ANYTHING FOR THE HOUSE TO BE COMPLETED, AS DO I.
UM, THE, THE DELAYS, UM, THAT THE, THIS ROOF HAS CAUSED, UM, HAVE, HAVE BEEN FINANCIAL, UM, HAVE CAUSED FINANCIAL BURDEN AND EXCESSIVE COSTS, AND REMOVING THE ROOF AND LOWERING IT WILL JUST INCREASE THAT, UM, WITH CLOSE REVIEW.
UH, YOU KNOW, BUILDING A HOUSE LIKE THIS, THE, THE, THE BUDGET IS A KIND OF LITTLE BIT OF A MOVING TARGET.
UM, AND SO AS I REVIEWED MORE AND MORE AND MORE CLOSELY, IT'S BECOMING MORE AND MORE EVIDENT THAT THE ACCESS TO CAPITAL IS GOING TO RUN OUT IF I HAVE TO, TO REMOVE THIS ROOF.
UM, AND TRYING TO DO THE CALCULATIONS ON WHAT IT'S GOING TO LOOK LIKE TO GO INTO FORECLOSURE AND THEN EVENTUALITY OF BANKRUPTCY, I DUNNO HOW TO DO THOSE CALCULATIONS.
UM, BUT THAT'S, UH, ANOTHER, ANOTHER, YOUR TIME IS UP.
YOU HAVE, I'LL GIVE YOU ONE MORE MINUTE JUST SO TO, TO WRAP UP.
[01:25:01]
MUCH MADE ALL THE, THE POINTS I WANTED TO MAKE, NOT AS ELOQUENTLY AS I HAD THOUGHT I WOULD, BUT, UM, I JUST WANTED TO MAKE SURE THAT, THAT THERE'S OPPORTUNITY TO ASK QUESTIONS ABOUT THE HEIGHT STATISTICS FOR THE NEIGHBORHOOD.IT'S VERY, UM, PRETTY EVENLY MIXED.
SO TWO STORY AND ONE STORY HOMES, UM, MODERN AND OLDER HOMES.
UM, THE SUPPORT FROM THE COMMUNITY, OBVIOUSLY 26 LETTERS OF SUPPORT WITH, UM, NO RESIDENTS OPPOSING, UM, IN THE VICINITY.
UH, THE PERMIT HISTORY, OBVIOUSLY THAT I SPOKE OF, THE FINANCIAL ANALYSIS.
AND THEN, UM, BEYOND THAT, I JUST WANNA SAY THAT THERE WAS ONE TYPO IN THE DOCUMENT THAT I SUBMITTED, UM, THAT SUMMARIZED SOME THINGS.
IT SAID THAT THE DISCOVERY OF THE FRAMING, UM, FOR THE HEIGHT OF THE HOUSE BEING THREE OVER WAS DISCOVERED JANUARY, 2023.
IT WAS A CALL I RECEIVED ON JANUARY 5TH, 2024.
UM, DO WE HAVE ANY OTHER SPEAKERS IN SUPPORT? NO, THE SPEAKER'S REGISTERED, SIR.
UH, DO WE HAVE ANY, UH, SPEAKERS IN OPPOSITION? YES, SIR.
SIR, 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.
DALLAS, YOU HAVE FIVE MINUTES.
MY NAME IS JONATHAN MAY JUST, SORRY TO, UH, WE, WE'LL GIVE YOU SIX MINUTES BECAUSE WE GAVE THE APPLICANT SIX MINUTES, BUT THAT'S FINE.
MY NAME IS JONATHAN MAPLES AND I HAIL FROM THE HISTORIC ELM THICKET NORTH PARK NEIGHBORHOOD.
I, UH, THANK YOU GUYS FOR WHAT YOU DO BECAUSE I TOO AM A COMMISSIONER OF THE POLICE OVERSIGHT BOARD FOR DISTRICT TWO, UM, FIVE YEARS ELM THICKET SIT ON THE DOCKET FOR ZONING SO THAT WE COULD HAVE A SAY IN WHAT THE HISTORIC ELM THICKET NORTH PARK NEIGHBORHOOD WOULD LOOK LIKE FIVE YEARS.
WE SAID, WHEN WE FINALLY GOT OUR DAY, WE CAME TO AN AGREEMENT OF WHAT THE HEIGHT WOULD BE.
IF THE RULES ARE CHANGED, OR IF BUILDERS FEEL LIKE, OH, WE CAN MAKE, WE MADE A MISTAKE, AND THEY CAN COME DOWN TO THE BOARD OF ADJUSTMENTS, SAY, OH, MY HOUSE IS 70% DONE, 75%, 90% DONE, AND GET A SLAP ON THE WRIST OF PAY A FINE.
UM, WE HAVE A NEIGHBORHOOD ASSOCIATION IN ELM THICKETT NORTH PARK, AND WE, ONCE THE ZONING WENT INTO EFFECT, RELIED ON OUR INSPECTORS TO DO THEIR JOB.
I'M NOT SURE IF THEY'RE DOING THEIR JOBS OR NOT.
I'M NOT SURE IF THE APPLICANT, UH, SELF-REPORTED OR AN INSPECTOR NOTICED IT.
HOWEVER, AGAIN, THE LAW IS THE LAW.
WHAT'S WRITTEN IS WHAT WE'RE SUPPOSED TO ABIDE BY.
IF THE RESIDENTS, THE HISTORICAL RESIDENTS MUST ABIDE BY THE LAW.
EVERYBODY THAT COMES IN HAS TO ABIDE BY THE LAW.
HOWEVER, THERE ARE THOSE WHO PUSH THE FENCE, PUSH THE LIMITS, AND TRY TO GET AWAY WITH CERTAIN THINGS.
AND, YOU KNOW, AS THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, SOMEONE WHO'S LIVED IN THE NEIGHBORHOOD 58 YEARS, I REMEMBER WHAT IT LOOKED LIKE IN THE SIXTIES, SEVENTIES, EIGHTIES, NINETIES.
AND NOW IN THE TWO THOUSANDS WHEN WE CAME DOWN FOR ZONING, WE JUST WANTED TO HAVE A SAY IN OUR NEIGHBORHOOD.
IF YOU UN, IF YOU KNOW THE, THE, THE HISTORY OF ELM THICKETT, EL THICKETT USED TO SIT BESIDE AIR, UH, BESIDE LOVEFIELD AIRPORT WHEN IT WAS AN AIRFIELD BECAUSE OF DEREGULATION.
THEY PUSHED AFRICAN-AMERICANS ACROSS LEMON AVENUE.
WE WENT TO ELM PICKETT, WE BUILT A COMMUNITY, WE LIVED WELL, AND WE ARE STILL THERE.
SO AGAIN, THAT ZONING IS IN PLACE FOR A REASON, AND I'M ASKING YOU TO MAKE SURE GOING FORWARD THAT YOU ABIDE BY WHAT THE ZONING IS.
BECAUSE IF YOU OPEN THAT PANDORA'S BOX EVERY MONTH, YOU'LL HAVE A NEW BUILDER COMING DOWN HERE SAYING, OH, I MADE A MISTAKE.
AND THEN THE NEIGHBORHOOD LOOKS SILLY BECAUSE FIVE YEARS, FIVE YEARS, WE SIT ON THAT DOCKET TO HAVE A SAY IN WHAT OUR NEIGHBORHOOD LOOKS LIKE.
[01:30:02]
I THINK THAT'S ALL I HAVE.UM, DO WE HAVE ANY QUESTIONS FOR THE OPPOSITION? I JUST WANNA MAKE, UM, I JUST WANNA JUST INFORM YOU, AND I'M JUST, UM, THE BOARD OF ADJUSTMENT JUST SLIGHTLY DIFFERENT THAN THE CITY PLANNING COMMISSION.
SO THE WAY THAT WE MAKE MOTIONS IF WE DECIDE TO, UM, ARE ALL VERY, THE, THE STANDARD IS VERY, VERY STRINGENT.
AND WITH OUR SITUATION, UNLIKE CITY PLANNING COMMISSION OR CITY COUNCIL, NO CASE, THAT'S SETS PRECEDENT.
SO WHATEVER HAPPENS HERE, UM, TODAY WILL, WILL NOT, UH, DIMINISH OR HAVE AN IMPACT ON THE OVERALL WORK THAT YOU HAVE DONE IN THE COMMUNITY WITH THAT NEIGHBORHOOD.
IN TERMS OF THE, THE, THE WORK THAT YOU'VE DONE OVER THE LAST FIVE YEARS FOR ZONING.
SO THAT'S, SO WITH THIS BOARD, WHATEVER WE DECIDE, ANY CASE THAT WE HEAR NO CASE, THAT'S PRECEDENT.
SO IT, AND THAT'S WITH ANY CASE THAT COMES FROM THE BOARD OF ADJUSTMENT.
SO I JUST WANTED TO LET YOU KNOW, WHATEVER HAPPENS HERE WON'T MAKE THE ZONING AND IN, AND THE WORK YOU'VE DONE THE LAST FIVE YEARS VULNERABLE TO, TO ELM THICKETT AND THE PRESERVATION EFFORTS.
I, I, I COMPLETELY UNDERSTAND THAT.
BUT FROM, BUT FROM
AND I KNOW THAT THIS WON'T HAVE PRESIDENTS OR WON'T BE PRESIDENT TO ANY OTHER ZONING CASES, BUT THEY WILL COME.
SIR, DID, UM, DID THE APPLICANT REACH OUT TO YOU AS A REPRESENTATIVE OF THE NEIGHBORHOOD? NO.
AND I REACHED OUT TO SEVERAL OTHER RESIDENTS IN THAT AREA, AND I'M STILL RECEIVING TEXT MESSAGES.
I'M ASKING, DID ANYBODY RECEIVE THAT LETTER? SO I, I DON'T KNOW.
BUT WE HAVE A NEIGHBORHOOD ASSOCIATION SURE.
AND IT'S BEEN IN PLACE FOR YEARS, SO SURE.
MAY, MAYBE I'M WRONG, MAYBE I'M RIGHT.
BUT THE ZONING SAYS WHAT THE ZONING SAYS.
UM, DO WE HAVE ANY OTHER QUESTIONS FOR, UM, MR. YES.
UM, SO THAT YEAH, UH, THIS IS HERE.
JOE, I THINK YOU AM MICROPHONE IS ON, ON YOUR COMPUTER.
AND THEN JUST TO YOUR POINT, YEAH, MY CAMERA, THE LIVE FEED IS LIVE, BUT THE VIDEO'S NOT WORKING.
UM, SO RIGHT NOW WE DO HAVE, UM, I'D SAY HEALTHY STACK OF LETTERS OF SUPPORT, BUT SPEAK JUST KIND OF TO THE EXCHANGES TO HAPPEN HERE.
USUALLY IN ZONING CASES, THE LETTERS GO OUT FROM YOU GUYS TO 200 FEET.
UH, SO THE LETTERS THAT WE HAVE IN SUPPORT THAT WE RECEIVED, SO THAT STAFF RECEIVED THAT WE ARE, AS THE PANEL ARE READING UHHUH
ARE YOU SAYING THAT THE NEIGHBORHOOD ASSOCIATION FOR ELM THICKET, WERE THEY NOT A PART OF THE COMMUNICATIONS PRIOR TO TODAY OR NO? NO, THE ANSWER IS NO.
SO I LEFT SIMON DAVID TOM THUMB THAT'S AROUND THE CORNER, AND I SAW THE SIGN IN THE HOUSE AND IT'S GOING TO THE BOARD OF ADJUSTMENTS.
I CALLED A COUPLE OF OTHER PEOPLE, INCLUDING OUR CPC REPRESENTATIVE, MS. CARPENTER, AND HE SAID, OH, WE CAN'T TOUCH THAT.
SO MY NEXT THING WOULD SAY, HEY, LET'S GET TOGETHER AS THE EXECUTIVE COMMITTEE OF THE NEIGHBORHOOD ASSOCIATION AND LET'S TALK AND FIND OUT WHO GOT THE LETTERS, WHERE THE LETTERS ARE.
SO MY NEXT THING WOULD BE TO COME HERE.
THAT'S WHY I'M HERE TODAY, BECAUSE THE NEIGHBORHOOD ASSOCIATION WASN'T NOTIFIED.
BECAUSE IF WE WERE NOTIFIED, THEN WE WOULD'VE, I WOULD, THE FIRST THING WOULD'VE HAPPENED IS I WOULD'VE CAME AND TALKED TO, TO THE HOMEOWNER AND SAID, HEY, WHAT'S GOING ON? AND DID YOU KNOW THAT YOUR HOUSE IS OUTTA COMPLIANCE? AND SO THE PROCESS HERE IS, AS YOU KNOW, UM, MS. MS. CARPENTER IS RIGHT WITH A BOARD OF ADJUSTMENT, UM, WITH ANY ZONING CASE, WE NOTIFY THOSE WITHIN 200 FEET, AS YOU MENTIONED, CORRECT? CORRECT.
UM, MS. CARPENTER IS CORRECT THE BOARD OF ADJUSTMENTS, QUASI-JUDICIAL, WHICH MEANS THAT WE CANNOT BE LOBBIED AND WE'RE EMPOWERED BY THE STATE LEGISLATURE.
SO MS. CARPENTER WOULD NOT BE ABLE TO REACH OUT WITH US TO US ON THIS.
UM, THE APPLICANT COULDN'T REACH OUT TO THE BOARD, THEY CAN ONLY COMMUNICATE WITH CITY STAFF AND NEIGHBORS.
SO, UM, THE REASON WHY LIKELY THAT THE NE NEIGHBORHOOD ASSOCIATION WAS NOT NOTIFIED IS BECAUSE A REPRESENTATIVE FROM THE NEIGHBORHOOD ASSOCIATION WAS NOT WITHIN THAT 200 FEET.
BUT, UM, REPORTING IS DONE ON THE CITY WEBSITE.
UM, I BELIEVE IN THE DALLAS MORNING NEWS AND THEN 200 FEET, UH, OF, UH, FROM THE, FROM THE APPLICATION SITE, UM, NOTICES GO OUT FROM THE CITY STAFF.
DID YOU, DO YOU WANNA SPEAK ON THAT? UM, YES.
[01:35:01]
MS. LAMB, UH, I JUST WANNA LET YOU KNOW ALSO WE HAVE AN EARLY NOTIFICATION LIST THAT, UH, WE EMAIL A LOT.UM, A LOT OF THE NEIGHBORHOOD ASSOCIATIONS THAT HAVE REACHED OUT TO US THAT THEY WANNA BE NOTIFIED ABOUT ANY UPCOMING BOARD CASES, WE DON'T HAVE THEM SPECIFICALLY DIVIDED BY DISTRICTS.
HOWEVER WE HAVE, I MEAN, SO THEY WILL RECEIVE ANY KIND OF NOTIFICATION OF ANY OF THE, UM, BOARD APPEALS THAT HAVE COME IN FRONT OF US.
CAN WE MAKE SURE THAT ELM THICKETT NEIGHBORHOOD ASSOCIATION AND MR. MAPLES ON THAT LIST IN THE FUTURE, NO MATTER WHAT HAPPENS TO THIS CASE TODAY? YES.
THEY CAN REACH OUT TO ME AND I WILL ADD 'EM TO THE LIST.
I MEAN, I UNDERSTAND WHEN I FIRST CAME AND IT, THIS WAS, UH, WAS GOING TO BE UNCONTESTED, I'M SURE YOU GUYS ALREADY HAD YOUR MINDS MADE UP ABOUT THE LETTERS OF SUPPORT.
MY REASON TO BE HERE IS MY NEIGHBORHOOD IS SPLIT BETWEEN D TWO AND D SIX, SO I'M GOING TO TALK TO OMAR NAVAREZ, I'M GOING TO TALK TO JESSE MORENO, AND I'M GONNA LET HIM KNOW I'M REALLY UPSET ABOUT THIS BECAUSE I SHOULDN'T HAVE TO RIDE AROUND THE POLICE, MY NEIGHBORHOOD TO SEE WHAT BUILDERS ARE DOING.
I SHOULD BE ABLE TO LIE, RELY ON THE INSPECTORS.
BUT AGAIN, I THANK YOU GUYS FOR WHAT YOU DO, AND WE'LL GET ON THAT LIST AND WE'LL MAKE SURE THAT WE MANAGE OUR LIST, UM, BECAUSE AGAIN, SONY SAYS WHAT THE ZONING SAYS.
AND THEN MR. MAPLE, UM, NO, WE DON'T TALK ABOUT THIS CASE EVEN THOUGH IT WAS PREVIOUSLY ON THE, UM, CONSENT AGENDA WITH YOUR TESTIMONY.
THAT'S SOMETHING THAT WE TAKE IN CONSIDERATION.
SO WE HAVE NOT SPOKEN ABOUT THIS CASE, UM, AND WE STILL HAVEN'T MADE A DECISION.
ONCE YOU, ONCE YOU KNOW THAT, THAT, UM, NO DECISION'S BEEN MADE AT THIS POINT, I MEAN, YOUR TESTIMONY DOES HAVE AN IMPACT ON THIS CASE.
DO WE HAVE ANY OTHER QUESTIONS FOR, UH, THE OPPOSITION? MS. MR. NUTTALL, ARE YOU GOOD? NONE.
AND, UM, NOW, UH, WE WOULD LIKE TO GIVE THE APPLICANT SIX MINUTES OR I GUESS YEAH, WE CAN, WE SURE.
I JUST WANTED TO RESPOND BY MAKING IT CLEAR THAT I DID NOT BUILD THIS STRUCTURE, UM, WAS NOT EVER INFORMED OF THE HEIGHT OF THE STRUCTURE UNTIL JANUARY, 2024, UM, WHEN THE MAJORITY OF THE PROJECT IS ALREADY COMPLETED.
UM, AND THE BUDGET IS ALREADY EXACERBATED.
UM, I DID NOT REACH OUT TO THE ASSOCIATION BECAUSE I WAS NOT AWARE OF ANY ASSOCIATION.
AND, UH, I WOULD LIKE TO GO THROUGH THE DETAILS OF THE TWO PAGES THAT I PROVIDED TO SHOW THAT THE PORTION OF THE ROOF THAT'S OUT OF COMPLIANCE IS VERY SMALL PERCENTAGE OF THE ENTIRE PROPERTY.
UM, AND EVEN THE, THE HIGHLIGHTED AREA THAT YOU SEE THERE IS, IS ONLY THE VERY TIP OF THAT IS ACTUALLY OUT THREE FEET AND IT SLOPES DOWNWARD AND GETS DECREASED.
UM, ADDITIONALLY, THE, UM, THE MEDIAN HEIGHT CALCULATION THAT I THINK IS TYPICALLY USED, UH, I THINK THAT'S THE TERM FOR IT.
I DON'T GET THE BENEFIT OF THAT IF THAT WERE THE CASE.
UM, BECAUSE THIS IS CONSIDERED AN OTHER, I'M DOING QUOTATIONS HERE.
UM, THAT'S THE CATEGORY THAT THIS TYPE OF ROOF FALLS UNDER.
IT DOESN'T GET THE BENEFIT OF THE MIDPOINT CALCULATION FOR HEIGHT.
IF IT DID, WE WOULD BE TALKING ABOUT A FOOT INSTEAD OF THREE, WHICH IS, I MEAN, TO SPEND 50 TO, YOU KNOW, AN UNIDENTIFIED AMOUNT OF MONEY IF WE GO DOWN THAT PATH.
UM, IT, IT DOESN'T LOGICALLY MAKE SENSE.
I, I UNDERSTAND THE, THE VIEWPOINT OF, UM, YOU KNOW, THE NEIGHBORHOOD IS CHANGING AND WANTING TO CONTROL WHAT'S GOING ON IN THE NEIGHBORHOOD AND NOT LETTING PEOPLE JUST SAY THEY MADE MISTAKES.
THAT THE, THE FACT IS, I, I DIDN'T MAKE A MISTAKE.
THERE WAS NOTHING, THERE WAS NO EVIDENCE THAT I COULD HAVE KNOWN THAT THIS WAS A PROBLEM WHEN I BOUGHT IT.
UM, IN, IN ANY FACET, LIKE ANYWHERE IN THE, THE DUE DILIGENCE PROCESS, THERE WAS NO WAY TO HAVE KNOWN THIS.
UM, AND I, THE, THE PERCENTAGE OF THIS ROOF BEING OUT OF COMPLIANCE IS SO MINOR.
UM, AND IT'S ALSO ON THE SIDE OF THE PROPERTY THAT IS NEXT TO A TWO STORY HOME THAT IS ALMOST IDENTICAL HEIGHT, LIKE ALMOST IDENTICAL WITHIN AN INCH.
SO IT JUST DOESN'T SEEM LOGICAL TO SPEND 50, 80, A HUNDRED, 400,000.
I MEAN, THE AMOUNT IS, UM, UNCALCULABLE FOR ME TO KNOW HOW MUCH THAT WILL COST IF I GO DOWN THIS ROAD AND RUN OUT OF MONEY, GO INTO FORECLOSURE BEFORE I CAN SELL IT.
AND THEN, UM, WHAT IS THE POINT OF THAT IS TO
[01:40:01]
CONTROL, UH, TO CONTROL AND TO STICK TO A RULE AND STICK TO A LAW.UM, THERE'S A LOT OF LAWS THAT HAVE BEEN IN PLACE IN THE HISTORY OF THIS COUNTRY THAT SHOULD HAVE NEVER BEEN, AND I'M GLAD THEY'RE NO LONGER LAWS.
SOMETIMES LAWS ARE GOOD AND WE MAKE 'EM FOR GOOD REASONS, SAME WITH RULES.
AND SOMETIMES THEY DON'T MAKE SENSE.
AND THAT'S WHY WE'RE ALL HERE TODAY IS TO TALK ABOUT SPECIFIC CASES WHEN IT DOESN'T MAKE SENSE.
AND I THINK THAT'S THE CASE HERE.
SO THAT'S, THAT'S REALLY ALL I HAVE.
UM, DO YOU HAVE ANY QUESTIONS? I HAVE A QUESTION FOR CITY STAFF.
UM, SO WE, WE'VE TALKED HEAVILY ABOUT, UM, ELM THICKET AND THE, THE FIVE YEARS OF, OF THE CHANGING IN, IN, UM, THE PD.
WAS IT A PD OR A REZONE? THE PD DID, DID THE PREVIOUS PD ALLOW FOR A HEIGHT THAT SHE WOULD'VE BEEN COMPLIANT? IS THIS, IS THIS LIKE, WOULD THIS HAVE BEEN A NON-CONFORMING COMPLIANT? IS THIS, IS SHE ONLY NOT COMPLIANT BECAUSE OF THE NEW PD? WHAT DOES, WHAT DOES THIS LOOK LIKE? OR WAS SHE, SO THE PD STATES THAT NO PORTION OF THE STRUCTURE MAY EXCEED THE MAX HEIGHT OF 30 FEET.
WHAT WAS IT BEFORE? SO BEFORE, UM, WE JUST DID LIKE MIDPOINT.
BUT IN THIS SCENARIO, I SEE EVEN IN THE PREVIOUS, LET'S SAY IF IT WAS BASED ON IT BY THIS BEING A PEAK, NOT A HIP GABLE GAMBLE, WE STILL WOULD DO IT THE EXACT SAME POINT IN TERM OF MEASUREMENT.
SO IT WOULD STILL BEEN OUT OF COMPLIANCE EITHER WAY, WHETHER IT'S BY TODAY'S PD 67 OR WHATEVER IT WAS BEFORE, UNDER BASED ON IT.
AND THEN, UM, TO, UM, TO THE APPLICANT, WHEN YOU ACQUIRED THIS, DID TITLE FIND ANYTHING ABOUT, ABOUT THIS NOT BEING COMPLIANT? I MEAN, WHEN YOU, DURING THAT, BECAUSE YOU SPOKE TO DUE DILIGENCE, UM, THAT WHEN, WHEN YOU WERE ENTITLED, WAS THERE ANYTHING THAT'S FLAGGED? 'CAUSE YOU SAID YOU GOT RED TAGGED BY THE CITY AT THIS POINT, BUT DURING THE, A PROCESS IN WHICH YOU WERE ACQUIRING THE PROPERTY, THAT THERE WAS NO INDICATION OF NON-COMPLIANCE OR NON-CONFORMING? NO.
THE DUE DILIGENCE PROCESS FOR BUYING A PROPERTY LIKE THIS WOULD BE TO HAVE, UH, INSPECTION DONE OF THE PROPERTY TO HAVE, UM, THE PERMITS FULL REVIEW, UM, INSPECTIONS THAT HAVE BEEN DONE THROUGH THE CITY TO, UM, HAVE A SURVEY AND APPRAISAL.
AND NONE OF THOSE INCLUDE A HEIGHT EXHIBIT AS I HAD DONE IN JANUARY AND PROVIDED OKAY, SO EVEN WHEN YOU, WHEN PERMITS, PRIOR PERMITS BEEN PULLED TO THE CITY TO, TO BUILD THE PROPERTY BACK WHEN THE PREVIOUS OWNER HAD IT, THOSE ARE COMPLIANT.
UH, SO WHAT HAD HAPPENED IS THEY WERE BUILDING THE, THEY WERE IN CONSTRUCTION AND THE STORY WAS THAT THEY GOT INTO, UM, A CONFLICT OVER MONEY.
THE SELLER, WHICH WAS THE ONLY ONE I HAD THE ACCESS TO COMMUNICATE WITH, SAID THAT THE GENERAL CONTRACTOR STOLE, LIKE HE TOOK A $300,000 PAYMENT AND THEN STOPPED WORKING AND THAT HE WAS UNDER, UM, HE WAS PURSUING LEGAL, YOU KNOW, PURSUING HIM LEGALLY TO TRY TO GET THE MONEY BACK FOR OVER A YEAR BEFORE HE FINALLY DECIDED HE GAINED A HUNDRED POUNDS.
HIS MARRIAGE WAS STRUGGLING, THEY JUST DECIDED THEY COULDN'T DEAL WITH IT ANYMORE AND THEY WANTED TO WASH THEIR HANDS.
THAT WAS THE STORY I WAS GIVEN.
THERE WAS NEVER ANY DISCUSSION OVER ANY ISSUE WITH THE ROOF, ANY ISSUE WITH PERMITTING.
THERE WAS NOTHING ON THE PERMITTING.
WE WEBSITE, THE, THE PERMITS INSPECTIONS THAT I WAS PROVIDED BY THE CITY, THERE WAS NOTHING ABOUT THE ROOF.
THE, THE PERMIT HAD EXPIRED DUE TO INACTIVITY, IT, IT EXPIRED.
DO YOU HAVE ANY ADDITIONAL QUESTIONS, MR. AL? DO YOU HAVE, UH, ANY QUESTIONS FOR THE APPLICANT? NO.
UM, IF THAT'S THE CASE, THEN I WILL ENTERTAIN A MOTION.
MS. LAMB, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 4 9 ON APPLICATION OF ETTE CONSTRUCTION LLC GRANT, THE THREE PUT VARIANCE TO BUILD TO THE BUILDING HEIGHT REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DATA DEVELOPMENT CODE COMPLIANCE.
THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
DO I HAVE A SECOND? I, JOE CANNON SECOND.
THAT MOTION I MADE THE MOTION TO, TO GRANT THIS.
I WANNA, UM, REMIND EVERYBODY HERE AND I APPRECIATE MR. MAPLE FOR COMING DOWN AND SPEAKING TODAY.
WE CERTAINLY DON'T KNOW, UM, WHAT DIRECTION THIS IS GONNA GO 'CAUSE THE VOTE IS STILL ON THE TABLE.
UM, I DO BELIEVE THE APPLICANT DID MAKE THE CASE, UM, FOR GRANTING THIS VARIANCE WITH ALL FREE STANDARDS.
UM, I DO BELIEVE OVERWHELMINGLY
[01:45:01]
WITH THE 26TH LETTERS OF SUPPORT, THIS NEIGHBORHOOD IS DESPERATELY SEEKING FOR THIS PROPERTY TO BE COMPLETED.AND THE ONLY WAY TO REALLY COMPLETE THIS IS FOR THIS VARIANCE WE GRANTED.
UM, AND I CAN'T IGNORE THAT, UM, THAT OVERWHELMING, UM, SHOW SUPPORT.
I THINK THE, THE COMMUNITY IS REALLY TIRED OF SEEING THE CONSTRUCTION BINS AND, AND SEEING THIS, THIS PROPERTY JUST SIT THERE, UM, AND ALMOST DISREPAIR BECAUSE IT'S, IT'S, UM, IN LIMBO RIGHT NOW.
UM, AND I TRULY BELIEVE THAT THE PART OF THE TESTIMONY OF THE APPLICANT THAT, THAT, UM, BY GRANTING THIS, WE ARE NOT, UH, RELIEVING A SELF-CREATED HARDSHIP BECAUSE I, I BELIEVE THAT PER THE TESTIMONY OF THE APPLICANT THAT SHE WAS TRULY UNAWARE OF THE CIRCUMSTANCES IN WHICH SHE ACQUIRED THE PROPERTY.
UM, AND ONCE AGAIN, I DO WANNA ECHO AND, UM, REITERATE THAT NO CASE THAT'S PRECEDENT AND THAT THIS, THIS SHALL NOT OR WILL NOT BE USED TO CHANGE ANY OF THE UNDERLYING ZONING.
NONFIC, DO YOU HAVE ANY OTHER DISCUSSION? YES, I AM SUPPORTING THIS MOTION.
UM, I BELIEVE THAT IT DOES MEET ALL THREE ELEMENTS OF THE VARIANCE, BUT I SPECIFICALLY WANT TO GO TO THE SECOND, UM, ELEMENT AS FAR AS THE COST TO, OR THE POTENTIAL COST TO REMEDY.
UM, THE APPLICANT DID PROVIDE A COST BREAKDOWN, BUT I DO BELIEVE THAT THERE ARE ADDITIONAL COSTS THAT, UM, AS FAR AS LOST PROPERTY VALUE, UM, AND THE FACT THAT IF THIS HOME WERE NOT TO BE COMPLETED AND INHABITED THAT, UM, THEIR COSTS THAT ARE NOT ACTUALLY TAKEN INTO ACCOUNT HERE.
SO, UM, AGAIN, AND I'M ALSO SPEAKING TO THE, UM, TO THE OPPOSITION HERE.
I KNOW THE IMPORTANCE OF NEIGHBORHOOD ASSOCIATIONS, THE FACT OF GETTING ALL VOICES HEARD, UM, DO BELIEVE THAT PURDUE, UH, TODAY, BUT THAT IS WHERE I'M BASING MY, UM, SUPPORT FOR THIS MOTION.
DO WE HAVE ANYTHING ELSE MR. KENNY? ARE, ARE YOU, UM, YEAH, SO I JUST ECHO THE SENTIMENTS, UH, THAT HAVE ALREADY BEEN MENTIONED.
UM, UH, I WILL BE SUPPORTING THIS MOTION FOR THOSE, THOSE, THOSE REASONS AS WELL AS IT'S VERY CLEAR THAT THIS HOUSE DOES NOT, UM, UH, IS NOT OUT OF CHARACTER WITH WHAT IS, WHAT IS SURROUNDING IT, THAT SIMILAR, UM, HIGH RESTRICTIONS HAVE BEEN, UH, IGNORED, UM, ON ADJACENT PROPERTIES.
EVEN THOUGH THAT DOESN'T SET LEGAL PRECEDENT, IT'S CLEAR THAT IT'S NOT, UM, OUT OF CHARACTER WITH THE NEIGHBORHOOD.
SO I'LL SPLIT THIS MOTION AS WELL.
MR. AL, DO YOU HAVE, UH, ANY DISCUSSION? I WON'T BE SUPPORTING THIS MOTION CHAIR.
I TOTALLY UNDERSTAND, UH, ABOUT THE CURRENT OWNER.
UM, BUT I CAN'T IGNORE, UH, THE CONCERNS OF WHO ACTUALLY RECEIVED NOTIFICATION, WHO ACTUALLY WAS A PART OF THE PROCESS AND, YOU KNOW, SO LIKE, THIS IS A TOUGH ONE FOR ME, BUT I WILL NOT BE SUPPORTING THIS MOTION.
UM, THIS, THIS IS A, A DIFFICULT CASE BECAUSE I, I UNDERSTAND, UM, WHERE MR. MAPLES IS COMING FROM.
I FEEL I WANT, I FEEL LIKE THE NEIGHBORHOODS IN THIS CITY DO NOT GET AS MUCH SAY IN THINGS AS THEY SHOULD.
AND I SUPPORT THE, UM, ESPECIALLY THE PEOPLE OF THE, UH, UM, THICKET TO GET, UH, TO HAVE THE SELF-DETERMINATION THAT THEY'VE BEEN LOOKING FOR FOR A WHILE.
BUT I ALSO FEEL IT, THIS IS NOT OUT OF CHARACTER WITH SOME OF THE OTHER HOUSES, ESPECIALLY THE IMMEDIATE NEXT DOOR NEIGHBOR.
UM, AND I, I THINK I WILL BE SUPPORTING THIS MOTION FOR THOSE, FOR THAT REASON.
AND WITH THAT, ASK FOR, WE'LL CALL VOTE MR. CANNON.
MOTION PASSES TO GRANT FOUR, ONE.
YOU'LL BE RECEIVING A LETTER IN THE MAIL AND I'D ALSO LIKE TO THANK MR. MAPLES FOR COMING DOWN TO, TO SPEAK.
WITH THAT, I WILL ADJOURN THE MEETING AT, UH, 2:51 PM UH, MEETING PANEL B.