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[Board of Adjustments: Panel C on May 20, 2024.]
AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT PANEL C.I'M ROBERT AGNI AND I'M HONORED TO SERVE AS THE VICE CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF PANEL C BOARD MEMBERS ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR.
WE DO NOT RECEIVE COMPENSATION.
UH, TODAY IS MONDAY, MAY 20TH, 2024.
THE TIME IS 1:09 PM I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL TO ORDER.
WE HAVE A QUORUM, UH, HERE TODAY.
UH, TO MY LEFT IS, UH, JUDY P*****K, ROGER SINGTON.
RODNEY MILLIKEN AND JARED SLADE.
TO MY RIGHT IS MATTHEW SAP, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
KAMIKA MILLER HOSKINS, BOARD ADMINISTER AND CHIEF PLANNER, BRYANT THOMPSON.
BEHIND ME IS DIANA BAR HUME, DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR.
NORA CASTANEDA, SENIOR PLANS EXAMINER.
SARAH ARI, WHO IS NEW TO US, IS A SENIOR PLANS EXAMINER.
UH, AND HERE IS MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.
WALKING INTO THE ROOM IS DAVID NAVAREZ, WHO IS OUR ENGINEER, UH, ALTHOUGH HE HAS A MORE WELL ENGINEERING TECHNICALLY.
UM, IF YOU NEED TO PROVIDE EVIDENCE OR A CARD TO SPEAK, UH, MS. WILLIAMS IS THE PERSON TO, UH, TO TALK TO.
UM, BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
UH, NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE A LEGAL USE.
WE MAKE DECISIONS BASED ON PROPERTY, NOT PEOPLE.
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 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, THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL.
REVERSAL OF A BUILDING OFFICIAL REQUIRE 75% OR FOUR AFFIRMATIVE VOTES.
LETTERS TO 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 ADVANCE WITH OUR BOARDS IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING THE PUBLIC TESTIMONY PERIOD FOR THREE MINUTES.
UM, DURING OUR PUBLIC HEARING IN CONTESTED CASES TODAY, UH, I'D LIKE TO PROVIDE THE APPLICANT A TOTAL OF 10 MINUTES AND A FIVE MINUTE REBUTTAL PROPOSITION.
WE'LL GET A TOTAL OF OF 10 MINUTES.
DON'T FEEL LIKE YOU HAVE TO USE ALL OF THAT 10 MINUTES.
UM, UH, OUR QUESTIONS DO NOT COUNT TOWARDS YOUR TIME.
UH, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE, ARE TO BE DIRECTED TO THE PROVIDING O PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO REMAIN TO REMAIN ORDERED.
A COUPLE OF HOUSEKEEPING THINGS, UH, BEFORE WE TALK ABOUT OUR MINUTES.
UH, IT'S COME TO MY ATTENTION THAT CASE, BDA 2 3 4 DASH 0 6 5 1 7 8 0 5 WIND PIPER DRIVE, UH, NEEDS TO BE REMOVED FROM OUR CONSENT DOCKET AND INTO OUR, UH, REGULAR DOCKET.
BECAUSE IN THE, UH, BRIEFING THE, UH, OF THE STAFF SAID, RECOMMEND APPROVAL, UH, THEY PROVIDED, UH, RATIONALE TO DENY AND WE NEED TO BE ON THE RECORD AS HAVING A, A REASON TO APPROVE IF WE DO SO.
THAT IS THE OPINION OF OUR ATTORNEYS.
UM, SO WE'LL HEAR THE CONSENT AGENDA FIRST, UH, THEN STRAIGHT LANE, THEN WINDPIPE OR DRIVE.
IS ANYONE HERE TO SPEAK AGAINST
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BROOKSHIRE DRIVE OR INWOOD ROAD? IF YOU ARE HERE FOR THOSE CASES, THE BOARD IS INCLINED TO GRANT YOUR REQUEST IF YOU DON'T WANT WHAT YOU ASKED FOR, SPEAK NOW.UM, DO I HAVE A MOTION ON OUR MINUTES VICE, MR. SASHING? I HAVE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED 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 IT.
IN THE CASE OF BDA 2 3 4 0 5 4 APPLICATION OF THOMAS GROVE, FOR SPECIAL EXCEPTION TO THE DEFENSE OPACITY REGULATION IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS.
COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED.
BDA 2 3 4 0 5 4 APPLICATION OF THOMAS GROVE FOR SPECIAL EXCEPTIONS AT THE ALLEY AND TIB STREET TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATION IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO THE PORTIONMENT IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED.
AND IN THE, IN THE CASE OF BDA 2 3 4 0 63 APPLICATION OF ELISA TUG BUR FOR A SPECIAL EXCEPTION TO THE EVENTS HEIGHT STANDARDS IN DALLAS, IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH HE AND BENCH LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
AND ON THE APPLICATION OF ALI ALYSSA TUG FOR A SPECIAL EXCEPTION TO THE DRIVEWAY, TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATION IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED.
IS THERE A SECOND? I SECOND MS. P*****K.
SO BY WAY OF COMMENT, MR. SINGTON JUMPED AHEAD OF US, BUT, UH, AS LONG AS NO ONE IS HERE TO SPEAK ABOUT IN, IN THE PUBLIC TESTIMONY PORTION OF INWOOD ROAD OR BROOKSHIRE DRIVE, WE CAN CONTINUE HERE, BUT WE'RE NOT ALLOWED TO HAVE A VOTE BEFORE WE HEAR TESTIMONY.
SO THE MOTION IS SECONDED BY MS. P*****K.
MOTION PASSES TO GRAND FIVE TO ZERO.
OKAY, SO NOW LET'S GO BACK, IS THERE A MOTION ON OUR MINUTES? I HAVE A MOTION.
MS. P*****K, I MOVE THAT THE BOARD OF ADJUSTMENT APPROVE MINUTES OF OUR APRIL MEETING.
OPPOSED PASSES UNANIMOUSLY FURTHER VOTES WILL BE DONE BY ROLL CALL.
NOW IS THE PUBLIC COMMENT PERIOD.
MS. WILLIAMS, HAS ANYONE SIGNED UP FOR PUBLIC TESTIMONY? NO, SIR.
SO, UH, IN ORDER, UH, CASE BDA 2 3 4 DASH 0 5 9 1 0 8 0 2 STRAIGHT LANE.
AND I KNOW THE FIRST QUESTION IS GONNA BE, DO WE HAVE AN UPDATED SITE? SO, UH, UH, PLEASE BE SWORN IN.
STATE YOUR NAME AND ADDRESS AFTERWARDS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND THAT I HAVE PEOPLE ARE GONNA SPEAK ONCE.
IF YOU'RE HERE TO SPEAK ABOUT THIS CASE, PLEASE STAND AND BE SWORN IN.
DO YOU ALL SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS.
UM, WHO'S WORKING? MR. VICE CHAIR.
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THAT YOU, UM, IS IT 10 MINUTES? 10 MINUTES IN, IN TOTAL? IN TOTAL FOR THE APPLICANT AND ALL THE SPEAKERS IN 10 FOR OPPOSED? AND THEN A FIVE MINUTE REBUTTAL.AND IF WE NEED TO ADJUST, WE WILL, WE CAN GET IT DONE THAT TIME.
AND OBVIOUSLY OUR QUESTIONS DON'T COUNT AGAINST YOUR TIME.
MS. MR. THOMPSON, YOU RAISED YOUR HAND? OH, YEAH.
ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE B IN DALLAS, HERE REPRESENTING THE PROPERTY OWNERS IN THIS CASE.
FIRST OF ALL, UH, PLEASE ACCEPT MY APOLOGIES FOR THE CONFUSION I CAUSED THIS MORNING.
DAWN, CAN YOU HEAR ME? OKAY? UM, SO THE STAFF REPORT IS CORRECT, THE TEXT IN THE STAFF REPORT'S CORRECT.
AND THERE IS A SITE PLAN IN THERE OR EXHIBIT SHOWING WHAT WE'RE PROPOSING, BUT THERE'S ALSO, UH, A SURVEY OF THE PROPERTY AND THE SURVEY WAS INADVERTENTLY LISTED AS THE SITE PLAN.
SO, UH, I'LL GO THROUGH MY PRESENTATION HERE, IT'LL BECOME CLEAR.
SO THE PROPERTY'S LO UH, IT'S UP IN, UM, PRESTON HOLLOW AREA.
THE, THE PROPERTY'S LOCATED ON THE NORTHEAST CORNER OF ROYAL LANE AND STRAIGHT LANE, THE EXISTING HOUSE THERE.
AND THERE'S ALSO AN EXISTING FENCE ALONG ROYAL LANE THAT WE'RE MAINTAINING.
THIS IS A VERY INTERESTING SITE BECAUSE AS YOU'LL SEE FROM THE WAY THIS IS ORIENTED, EVERYTHING IN BLUE, THOSE PROPERTIES SIDE ONTO STRAIGHT LANE, WHERE YOU'RE ALLOWED TO HAVE A NINE FOOT FENCE BY RIGHT.
THE AREAS IN GREEN ARE FRONTING ON THE STRAIGHT LANE WHERE YOU HAVE TO GET A, A SPECIAL EXCEPTION FOR A FENCE TALLER THAN FOUR FEET.
SO YOU'LL SEE IN THE SLIDES I'M ABOUT TO SHOW THAT THERE'S ALREADY TALL FENCES ON THE STREET, BUT THERE'S SIDE, SIDE YARD FENCES AND NOT FRONT YARD FENCES.
SO LET ME JUST FOR MY, MY SLOW HEAD, WHAT YOU'RE SAYING IS THAT THERE IS A DIFFERENT STANDARD NORTH OF THE PROPERTY AND WHAT AND WHERE IT BLUE IS NEATLY ACROSS THE STREET.
AND THAT'S BECAUSE THEY'RE SIDE YARDS.
THEY'RE SIDE YARDS AND THAT'S THE REASON.
I SAY IT'S ALREADY APPROVED WITH THE HOME AND THERE IS AN EXISTING, UH, WOODEN FENCE ALONG, UH, ROYAL LANE.
WE'RE ASKING FOR, UH, A FENCE ALONG, UH, THE, THE STRAIGHT LANE SIDE.
UH, SO WE'RE ASKING FOR A FENCE TALLER THAN FOUR FEET.
IN THIS CASE, IT'D BE FIVE FOOT EIGHT DECORATIVE IRON PANELS OPEN WITH SIX FOOT TALL MASONRY COLUMNS ALONG THE ROYAL, I MEAN THE STRAIGHT LANE FRONTAGE.
UH, THERE'S ALSO TWO VERY MINOR ENCROACHMENTS, WHICH YOU'LL SEE IN JUST A SECOND INTO THE SITE VISIBILITY TRIANGLE.
THERE IS NO SITE ENCROACHMENT AND SITE VISIBILITY TRIANGLE ALONG ROYAL LANE.
WE'RE, WE'RE TOTALLY OUT OF THAT.
SO THIS IS, UH, THE EXHIBIT THAT SHOWS WHAT WE'RE ASKING FOR.
SO THE BLUE LINE IS WHERE THE FENCE IS GOING.
AS YOU CAN SEE, WE'RE REMOVING ONE DRIVEWAY, WE'RE CONSOLIDATING TO TWO DRIVEWAYS INTO ONE.
WE'LL HAVE THAT ONE DRIVEWAY ALONG, UH, PLAN WEST, BUT IS ACTUALLY TO THE NORTH.
UH, AND LIKE I SAID, ABOUT 120 FEET FROM THE INTERSECTION, UH, IT'S SET BACK 20 FEET AND SIX INCHES FROM THE PAVEMENT.
THIS IS WHAT THE, THE PANELS AND THE PANELS IN THE MASONRY WILL LOOK LIKE.
OKAY, SO THESE, THESE BLUE ARROWS POINT TO WHERE THE ENCROACHMENTS ARE.
AS YOU CAN SEE, WE HAVE A HALF OF A COLUMN IN THE SITE VISIBILITY TRIANGLE ON BOTH SIDES OF OUR DRIVEWAY.
THEY'RE VERY MINOR ENCROACHMENTS, AND THEY'RE SET BACK, UH, 20 FEET FROM THE, THE, THE PROPERTY LINE, WHICH OR FROM THE PAVEMENT LINE ON THIS INSTANCE.
SO THESE, THE PHOTOS, THIS IS LOOKING, UH, EAST ON ROYAL.
AS YOU CAN SEE, THERE'S A LARGE HEDGE RIGHT ALONG OUR PROPERTY LINE.
THIS IS, UH, LOOKING SOUTH OF SUBJECT PROPERTIES.
ON OUR LEFT, YOU CAN SEE THAT WE HAVE FENCES TALLER THAN FOUR FEET ACROSS THE STREET.
THIS IS THE, THE SITE, THE, AS I SAID, THE CIRCULAR DRIVEWAY IS GONNA BE CONSOLIDATED INTO A SINGLE UH, DRIVEWAY.
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AND THIS IS, UH, AGAIN, UH, LOOKING NORTH ALONG THE PROPERTY WHERE WE'RE ON THE RIGHT.AND THIS IS A SUBJECT PROPERTY LOOKING WEST ALONG, UH, ALONG ROYAL LANE.
SO, UM, NEXT SLIDE IS, THE LAST SLIDE THAT WE HAVE IS, UH, THIS, THIS IS OUR PROPERTY FROM ROYAL LANE LOOKING NORTH.
SO THE PROJECTED FENCE, SIX FOOT TALL COLUMNS, FIVE FOOT EIGHT PANELS, OPEN DECORATIVE IRON EXCEPT FOR THE MASONRY COLUMNS.
UH, IT'S GONNA BE SET BACK 20 FEET FROM STRAIGHT LANES.
SO IT'S NOT GONNA BE A WALLED EFFECT RUNNING IN THERE.
UH, MANY OF THE PROPERTIES IN THE MEDIA VICINITY ALREADY HAVE 12 FENCES 'CAUSE OF THE SIDE YARDS, AS I POINTED OUT EARLIER.
AND THE ENCROACHMENTS INTO VISIBILITY TRIANGLES ARE VERY MINOR.
AND YOU'RE SETBACK 20 FEET FROM THE PROPERTY LINE.
UH, UH, I'D LIKE TO TURN IT TO THE, OVER TO THE
UM, JUST FOR THE RECORD AND FOR, UM, I GUESS EVERYBODY'S, UM, EDIFICATION.
WHAT IS THE ENCROACHMENT INTO THE TRIANGLE IN TERMS OF INCHES OR FEET? IS IT ONE FOOT FOUR? YES.
IS IT SOMETHING LIKE THAT? YEAH.
BEFORE MR. BALDMAN SITS DOWN, ARE THERE ANY OTHER QUESTIONS FOR MR. BALDMAN? OKAY, THANK YOU.
THANK YOU FOR THE OPPORTUNITY TO SPEAK.
I'M THE OWNER ALONG HERE WITH MY WIFE LEE WARNICK, UH, WITH THE PROPERTY.
UM, I ONLY WANTED TO ADD, UH, THE REASON WHY WE'RE PUTTING THE FENCES OUT THERE, MR. WARNICK, I NEED, UH, EXCUSE.
I, I NEED TO MAKE A, A DISCLOSURE.
UH, I WENT TO ROUGHLY HIGH SCHOOL WITH MR. WARNICK, UH, HE, BELIEVE IT OR NOT, YOUNGER THAN ME, BUT, UH, UH, THAT DOESN'T HAVE ANY EFFECT ON MY ABILITY TO, UH, TO MAKE A DECISION FAIRLY, WE WON'T, WE WON'T HOLD THAT AGAINST YOU, MR. WARREN
UM, YOU KNOW, AND I THOUGHT THAT WAS MR. AGNI.
I, UH, HAVEN'T SEEN HIM PROBABLY 15 TO 20 YEARS.
LAST TIME I THINK I WAS TACKLING HIM ON THE FOOTBALL FIELD.
I, UH, THE REASON I WAS GOING TO, THE REASON I WANTED TO ADDRESS EVERYBODY HERE TODAY WAS JUST SIMPLY WE HAVE, UH, THREE CHILDREN, YOUNG CHILDREN, AGE NINE, SEVEN, AND FOUR.
OUR 9-YEAR-OLD HAS A, UM, LET ME, I'M SORRY, I DON'T WANT TO, I APOLOGIZE FOR YOU.
UM, YOU, YOU DO NEED TO, UH, GIVE YOUR ADDRESS.
THE PROPERTY, UH, THAT WE'RE TALKING ABOUT.
UM, OUR 9-YEAR-OLD JACOB HAS A RARE GENETIC CONDITION AND IT PRESENTS, HE'S A JOYFUL KID.
HE PRESENTS THOUGH AS KIND OF AUTISTIC AND GETS DRAWN TO SOUNDS, GETS DRAWN TO, UH, MUSIC AND SPEAKER, ANYTHING COMING FROM THE STREET.
WE'RE RIGHT AT THE CORNER OF THE ROYAL AND STRAIGHT, OBVIOUSLY HEAVY TRAFFIC ON ROYAL.
UM, BUT WE ALSO GET A NUMBER OF UNSOLICITED VISITORS, UH, WHERE WE ARE.
AND SO WHAT ENDS UP HAPPENING IS NO MATTER WHAT, WHOEVER RINGS THE DOORBELL, HE RUNS TO THE DOORBELL.
HE'S OPENED THE DOOR SEVERAL TIMES TO STRANGERS.
AND I'LL SAY IT'S NOT IN BREAK ROOM, IT'S A COUPLE OF TIMES A WEEK THAT WE'LL GET PEOPLE KNOCKING ON THE DOOR SOLICITING.
UM, SO THIS IS PRIMARILY FOR SAFETY AND SECURITY REASONS.
UH, WE THINK FOUR FEET IS FRANKLY NOT HIGH ENOUGH.
HE COULD ULTIMATELY CLIMB THAT, BUT HE GETS DRAWN TO THESE SOUNDS.
HE GETS DRAWN TO WHATEVER HE HEARS MUSIC TO.
AND SO RIGHT NOW THAT'S REALLY RENDERED THE FRONT OF THE HOUSE ENTIRELY UNUSABLE, BUT ALSO UNSAFE.
WE'RE HOPING IF WE EXTEND A, A APPROXIMATELY FIVE FOOT TO EIGHT OR SIX FOOT FENCE THERE, THAT WILL BE ENOUGH OF A BARRIER SO THAT HE'S PROTECTED.
SIMILARLY, WE HAD ONE INCIDENT WHERE SOMEBODY DROVE INTO THAT DRIVEWAY, THERE WAS WORKING DONE NEXT DOOR, AND THEY STOLE TWO CHAINSAWS FROM THE WORKERS.
UM, WE ENDED UP CALLING THE POLICE FOR THEM.
WE HAD IT ON VIDEO, BUT OBVIOUSLY THAT WAS A UNFORTUNATE SITUATION.
AND SO WE'RE REALLY JUST TRYING TO PROTECT THE PROPERTY GIVEN HOW HEAVILY TRAFFICKED IT IS AND PRIMARILY TO PROTECT OUR SON.
SO WE HOPE YOU PICKED THAT INTO CONSIDERATION.
OTHER QUESTIONS FOR MR. WARREN? THANK YOU.
UM, JUST WANNA REITERATE, UH, WE'RE ASKING FOR WHAT I THINK IS A VERY REASONABLE FENCE CONSIDERING, UH, PROPERTIES ACROSS THE STREET AND DOWN THE STREET HAVE THE RIGHT TO BUILD MUCH TALLER FENCES THAN WE WE HAVE TODAY.
UM, THE STAFF REPORT WAS CORRECT, IT HAD THE PROPER
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EXHIBITS IN IT, UM, AND THE, THE WRITEUP WAS CORRECT, TALKING ABOUT A SINGLE DRIVEWAY IN OUR SLIGHT ENCROACHMENTS INTO THE SITE VISIBILITY TRIANGLE.I DO APOLOGIZE FOR THE CONFUSION THAT CAUSED THIS MORNING.
UM, I'M HERE TO ANSWER ANY QUESTIONS.
I HOPE YOU CAN SUPPORT THIS REQUEST.
THANK YOU VERY MUCH, MS. P*****K.
I WANNA JUST BE CLEAR, DID YOU SAY THAT THE HOUSE DIRECTLY ACROSS THE STREET FROM THIS HAS A BY RIGHT? A NINE FOOT FENCE? THEY CAN HAVE A NINE FOOT FENCE, THEY CAN HAVE A NINE.
THERE IS A, THE HOUSE COMING ACROSS STRAIGHT LANE ON THE STRAIGHT LANE.
SO ALL THE HOUSES ON THE WEST SIDE, THE STREET ON OUR BLOCK GOING NORTH, THOSE ARE SIDE YARDS AND CAN HAVE NINE FOOT TALL, SOLID FENCES IF THEY WANTED TO, THEY DON'T, BUT THERE IS A, A FENCE TALLER THAN FOUR FEET OF ONE, ONE HOUSE NORTH AND WEST OF US.
SO WHILE I HAVE YOU THERE, I WANNA MAKE SURE US STAFF AND YOU AND, UH, ANYONE WATCHING SEES THE NEW SITE PLAN THAT WE'RE TALKING ABOUT.
I WANNA MAKE SURE EVERYBODY'S ON THE SAME PAGE.
CAN YOU, DO YOU HAVE IT IN A DIGITAL FORM? IT WAS IN MY PRESENTATION AND I BROUGHT COPIES FOR EVERYBODY AS I WILL TRYING TO PERFECT THE RECORD HERE.
UH, WHOEVER'S CONTROLLING THE PRESENTATION, IF YOU COULD, UH, GET TO MY SLIDE PLEASE.
AND THIS WAS THE SAME SLIDE OR THE SAME EXHIBIT THAT WAS IN YOUR STAFF REPORT? WELL, WE, WE, WE HAD MORE THAN ONE.
YOU HAVE A SURVEY AND THEN YOU HAVE A, UH, A FENCE EXHIBIT.
AND THIS WAS A ROT IRON FENCE, DECORATIVE IRON.
IS THAT THE SAME AS WR IRON? WELL, TECHNICALLY I, I SOUND LIKE A NERD HERE.
ROT MEANS IT'S BEEN EXTRUDED AND PULLED AND I DON'T KNOW FOR SURE WHETHER THIS IS ROT OR, UH, JUST PIECES, UH, PUT TOGETHER.
BUT SAME THING, IT'S OPEN, SMALL PICKETS, LOTS OF OPEN SPACE BETWEEN THEM, SO FORTH.
SO THIS IS WHAT STAFF HAS, MR. NAVAREZ HAS MR. NAVAREZ, HAVE YOU SEEN THIS? AND WHEN WE TALKED EARLIER, THIS, IS THIS SOMETHING THAT, HAD YOU SEEN IT AT THE TIME YOU WOULD'VE CHECKED? NO.
THAT IS A CORRECT STATEMENT OR DIRECTLY REPORT.
YOU HAVE AN OBJECTION? YES, YOU DO.
WE WOULD, NO, WE, WE NO LONGER HAVE AN OBJECTION HAVING SEEN THE, UH, PROPOSED OKAY.
SO FROM, FROM OUR POINT OF VIEW, WHEN IT COMES TO THE SITE PLAN, UM, ALTHOUGH WE HAVE THIS SITE PLAN, IT DOESN'T SHOW THE FULL SITE.
SO WE HAVE TO HAVE A SITE PLAN THAT SHOWS THE ENTIRE SITE.
OKAY, MR. SACHE, UM, JUST, JUST SO THAT I'M CLEAR, WHAT IS THE HEIGHT THAT'S BEING REQUESTED FOR THIS PARTICULAR FENCE? THE FENCE PANELS THEMSELVES WILL BE FIVE FOOT EIGHT INCHES TALL, AND THEN THE COLUMNS WILL BE SIX FEET TALL.
OKAY, SO MAXIMUM OF SIX FEET? YES, SIR.
BUT THE PRIMARY, UH, WELL THE PREDOMINANT PORTION OF THE FENCE WILL BE FIVE FOOT SIX INCHES TALL, FIVE FOOT EIGHT, FIVE FOOT EIGHT INCHES TALL.
AND YOU DON'T MEAN THE EXCEPTION OF FIVE EIGHT, YOU MEAN TOTAL FIVE EIGHT.
TOTAL FIVE FEET, EIGHT INCHES TALL FOR THE FENCE.
AND THEN THE COLUMNS ON EITHER, EITHER SIDE OF THE DRIVEWAY AND EITHER SIDE OF THE, UM, THE WALKWAY.
UH, THOSE, THE COLUMNS SHOWN ON THE SITE PLAN WILL BE SIX FEET TALL.
AND THERE ARE NO ELEVATION, UM, THERE ARE NO EL ARE THERE ANY ELEVATIONS ALONG THE STRETCH OF THE FENCE THAT WOULD CAUSE ANY PORTION OF THE FENCE TO BE MORE THAN SIX FEET? NO, SIR.
AND THE ELEVATIONS ON THE FENCE.
WERE ALSO IN YOUR STAFF REPORT.
OTHER QUESTIONS FOR MR. BALD? THANK YOU.
ARE THERE FURTHER SPEAKERS FOR THE APPLICATION, THE APPLICANT? NO OTHER SPEAKERS? SPEAKERS OPPOSE? YES, I HAVE MS. JENNIFER GATES ONLINE.
WOULD YOU PLEASE SWEAR HER IN MS. GATES? YES.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY ADDRESS IS 4 9 1 4 KEYHOLE LANE.
UM, AS I SAID, MY NAME IS JENNIFER GATES.
I LIVE AT 1 49 14 KEYHOLE LANE.
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AND FIRST OF ALL, I'D LIKE TO THANK ALL OF YOU FOR YOUR SERVICE, UH, TO THE CITY OF DALLAS.I APPRECIATE YOUR TIME AND EFFORT AND VERY THOROUGH QUESTIONS YOU'VE ALREADY ASKED.
I LIVE APPROXIMATELY, UH, LESS THAN A HALF MILE FROM THE ADDRESS, UH, AT QUESTION.
I'M A A NEIGHBOR, I'M A MEMBER OF THE ROYAL NEIGHBORHOOD ASSOCIATION AS THIS HOUSE IS A AS WELL.
THIS HOUSE IS ON THE CORNER OF STRAIT, AS YOU'VE SEEN, IS PRIMARY INGRESS AND EGRESS TO OUR NEIGHBORHOOD.
UM, AND IT IS, UM, AS I HEARD THIS MORNING, I, I FOLLOWED THAT BRIEFING.
AND THE SPECIAL EXCEPTION TO THE VISIBILITY TRIANGLE IS NOT AT THE CORNER OF ROYALLE AND STRAIGHT, BUT THIS SIX FOOT FENCE WILL BE ON THAT LINE.
UM, AND IT WILL HAVE, UH, BRICK COLUMNS THAT WILL NOT BE OPAQUE, OBVIOUSLY.
UH, AND THEY'RE EXCEEDING THE FOUR FEET THAT'S ALLOWED.
UM, I'M OPPOSED TO THIS FOUR FEET, UM, ALLOWING ANYTHING ABOVE FOUR FEET BECAUSE I DO THINK IT WILL NEGATIVELY IMPACT, UM, THE VISIBILITY OF THAT, THAT CORNER.
UM, AND I WOULD LIKE TO CORRECT MR. BALDWIN SAID THE HOMES THAT ARE ON THE EAST SIDE OF STRAIGHT LANE, WHICH THIS HOME IS, THERE'S ONLY ONE, AND I THINK IT'S MAYBE FOUR AND A HALF, FIVE FEET.
UH, UH, IT'S, AND IT'S NOT AT THE CORNER AT ALL.
IT'S IN THE MIDDLE OF A BLOCK.
THERE'S NO OTHER FENCES THAT ARE OVER THE FOUR FEET ALLOWED IN FRONT YARDS.
ACROSS THE STREET IS THE CORNER OF URBAN SIMMONS AND STRAIGHT.
THAT'S A, THAT HOUSE FACES URBAN SIMMONS.
THAT'S WHY IT'S A SIDE YARD AND YOU CAN ALLOW IT.
BUT AGAIN, IT'S NOT ON THE CORNER OF ROYAL AND STRAIGHT LANE IS ON THE CORNER OF URBAN SIMMONS AND STRAIGHT LANE.
EVEN THOUGH THOSE OTHER ONES ARE ALLOWED, THERE'S NO, SO THERE'S ONE HOME IN OUR ENTIRE NEIGHBORHOOD THAT HAS A, A FENCE TALLER THAN FOUR FEET.
SO THAT IS ALSO THE EXCEPTION THAT'S BEING ASKED FOR.
AND UM, I KNOW I'M OPPOSED TO IT.
UM, AND I, I SPOKE THIS MORNING WITH OUR NEIGHBORHOOD PRESIDENT AFTER LISTENING TO THE BRIEFING, SHE REMINDED ME OF THAT FACT THAT THERE'S NO OTHER FENCE, UH, THAT ARE OVER FOUR FEET.
I APPRECIATE, UM, THE HOMEOWNER SPEAKING TODAY AND EXPLAINING WHY THEY, WE WERE NOT REACHED OUT AS A NEIGHBORHOOD, UM, EITHER BY THEM OR THEIR REPRESENTATIVE, MR. BALDWIN, WITH THE CURRENT SITE PLAN UNTIL WE'RE JUST SEEING IT NOW.
UH, WE ALSO WERE NOT GIVEN A A REASON.
UM, AND I KNOW THEY RECENTLY JUST PURCHASED THE HOME.
UM, I I OBVIOUSLY THEY WERE AWARE IT WAS A BUSY CORNER WHEN THEY PURCHASED IT, AND ONLY A FOREFOOT WAS ALLOWED.
UM, AND I, AND I BELIEVE I COULD DO A FOREFOOT AND HELP, UM, YOU KNOW, ADDRESS SOME OF THEIR CONCERNS THAT WE, THAT I, I UNDERSTAND YOU MIGHT HAVE WHY YOUR CIRCUMSTANCES EVEN SPECIAL.
UM, BUT I THINK YOU COULD ACHIEVE THAT WITH A FOREFOOT FENCE AND NOT HAVE, UM, HAVE THE EXCEPTION THAT OTHER NEIGHBORS HAVE ALL ABIDED BY IN OUR NEIGHBORHOOD THAT HAVE OTHER REASONS WHY THEY MIGHT WANNA HAVE A LARGER FENCE.
UM, AND, UH, YOU COULD LOOK, I WAS JUST, I MEAN, I SAW THAT IN THE VIDEO SHOWS THAT THERE'S NOT OTHER FENCES, OTHER THE ONE THAT, THAT, OTHER THAN THE ONE THAT'S ACROSS, IT'S KIND OF ADJACENT.
AND AGAIN, IT'S NOT ON THE EAST SIDE STRAIGHT LANE OR FACING STRAIGHT LANE LIKE THEIR HOUSES.
UM, AND I WISH WE HAD LEARNED A LITTLE BIT MORE ABOUT THIS, BUT I GUESS THE APPLICANT, UM, CHOSE NOT TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION.
I KNOW THAT'S WHY YOU GOT FIVE LETTERS IN OPPOSITION.
I DON'T THINK, UM, YOU KNOW, THEY, I DON'T KNOW HOW THEY WOULD FEEL IF THIS CHANGES IT OR NOT, BUT I KNOW THAT THERE WAS CONCERN, CONCERN FROM A NEIGHBORHOOD PRESIDENT AS WELL WHO SENT IN A LETTER.
IF YOU HAVE ANY OTHER QUESTIONS FOR ME, I'M HERE TO ANSWER.
ARE THERE QUESTIONS, MS. GATE, MR. SASHING, UH, MS. GATES? UH, YES.
THANK YOU FOR, UM, YOUR TIME TODAY.
UH, QUICK QUESTION FOR YOU, UH, HAVING SEEN THE UPDATED SITE PLAN, UH, HERE TODAY.
UM, IS IT YOUR TESTIMONY THAT YOU, THAT YOU STILL OBJECT AND, UM, ARE YOU OBJECTING TO THE FACT THAT THEY ARE ABOVE THE HEIGHT REQUIREMENT OR, UM, YES.
ARE YOU OKAY OR THAT THERE ARE NO OTHER THE HEIGHT, THE HEIGHT REQUIREMENT, JUST BECAUSE AS I MENTIONED, THERE'S ONLY ONE OTHER FENCE THAT'S OVER FOUR FEET IN THE FRONT YARD IN OUR ENTIRE NEIGHBORHOOD, WHICH IS SEVERAL HUNDRED HOMES.
UH, AND THEN TWO, THIS FENCE THAT'S GONNA BE THERE WITH GOING FROM FOUR FEET TO SIX FEET IS AT THE CORNER OF A VERY BUSY INTERSECTION AND IS GOING TO HAVE COLUMNS THAT ARE NOT GONNA BE OPAQUE.
SO THEY MIGHT NOT BE ENCROACHING
[00:30:01]
INTO THE SIGHTLINE OR THE VISIBILITY TRIANGLE, BUT THEY'RE ON THE LINE OF IT.AND I, FOR FOR SURE BELIEVE IT COULD BE A DISTRACTION.
UM, ALREADY THE EIGHT FOOT FENCE THAT'S ON ROYAL LANE HAS A LOT OF, UM, VEGETATION ON THE, ON THAT SOUTH SIDE.
AND, YOU KNOW, YOU HAVE TO PULL OUT PRETTY FAR TO BE ABLE TO LOOK AROUND.
OBVIOUSLY YOU'RE EXITING A NEIGHBORHOOD INTO, ONTO A SIX LANE, UM, VERY, VERY BUSY ROAD.
SO WITH THE TESTIMONY OF, UM, UH, MR. NAVARRES, UM, WHO THAT DOES NOT ALLEVIATE YOUR CONCERN ABOUT THE VISIBILITY TRIANGLE AND, UH, EXITING FROM STRAIGHT ONTO ROYAL LANE? WELL, NO, I THINK THEY HAD THE OPPOSITION.
I THINK THEY CHANGED THE OPPOSITION 'CAUSE THE VISIBILITY IS RELATED TO AN INGRESS AND EGRESS THAT IS ON THEIR PROPERTY FOR THEIR EXITING OF THEIR DRIVEWAY, WHICH I AGREED WITH THAT I'M NOT AS CONCERNED WITH THAT AS, AS WELL.
AND IT'S, AND IT IS ACTUALLY PULLING IT AWAY FROM STRAIGHT LANE VERSUS THE FIRST SITE PLAN WHO HAD THAT, THAT, THAT, UM, THAT DRIVEWAY CLOSER TO ROYAL LANE.
UM, BUT, AND I THINK THAT'S WHAT THEY WERE CONCERNED ABOUT WAS WHEN IT WAS CLOSER TO ROYAL LANE.
SO THAT'S WHY THEY CHANGED THE OPPOSITION.
I'M STILL IN AN OPPOSITION BECAUSE OF THE HEIGHT AND, AND THOSE, THAT HEIGHT OF FENCE AND THEN THAT HEIGHT OF FENCE IS ALSO GONNA BE ON THE LINE OF THE VISIBILITY TRIANGLE.
UM, AND YOU KNOW, IF IT HAS VEGETATION ON EITHER SIDE OF IT, UM, YOU COULD, IT COULD BE EVEN, EVEN MORE OBSTRUCTIVE OF A VIEW AND IT'S THE SIX FOOT THAT'S NOT ALLOWED.
AND I THINK YOU COULD ACHIEVE THE SAFETY CONCERNS AT FOUR FEET AND WOULD NOT BE INFRINGING ON THE POSSIBILITY OF, UH, OF NOT OF IMPACTING VISIBILITY.
TO BE CLEAR WITH THE, WITH THE STAT, THE VISIBILITY TRIANGLES WE'RE TALKING ABOUT NOW ARE ONLY ALONG ONLY ON THEIR DRIVEWAY.
I UNDERSTAND THAT IT'S ONLY ON THEIR DRIVEWAY.
IT, IT'S NOT IT, BUT THE, THE CURRENT FENCE, THE SIX FOOT FENCE THEY'RE ASKING FOR THE EXCEPTION IS STILL ON, UM, IN THE FRONT YARD AND NOT ALLOWED.
AND IT, AND IT WILL BE ON THE LINE OF THE, THE VISIBILITY TRIANGLE LINE.
IS IT YOUR UNDERSTANDING THAT THERE WOULD BE COLUMNS AND THAT I HAVE THE ADVANTAGE OF LOOKING AT SOME? UH, YEAH, I DON'T HAVE THE SITE PLAN AGAIN, AND I'M ASSUMING THE COLUMN'S GONNA BE AT THE CORNERS.
THAT'S TYPICALLY WHERE YOU HAVE COLUMNS.
YEAH, IT, IT, IT WORKS KIND OF LIKE A, IT'S NOT A SQUARE.
IT, IT WORKS LIKE THE BE THE BEGINNING OF THE SEPTICUM.
UM, SO MAYBE, MAYBE THIS IS A QUESTION FOR THE APPLICANT AS AS TO WHETHER THERE ARE COLUMNS THERE, BUT I I UNDERSTAND THE ASSUMPTION.
UM, SO YOU HAVE SEEN THE NEW SITE PLAN? WHAT, WHAT? NOT JUST, JUST ON MY SCREEN.
I HAVEN'T HAD A CHANCE AND THAT WAS NOT, I MEAN, MR. BALDWIN COULD HAVE, I, I THINK HE HAS MY CONTACT INFORMATION FROM PAST BUSINESS, UH, BUSINESS, BUT HE HASN'T DIDN'T CONTACT ME OR THE NEIGHBOR CONTACTING.
I UNDERSTAND THE NEIGHBORHOOD ASSOCIATION WITH THE NEW SITE PLAN.
IS THE NEIGHBORHOOD ASSOCIATION A FORMAL NEIGHBORHOOD ASSOCIATION? NO, IT'S A VOLUNTARY, I MEAN, IT'S, IT'S FORMALLY ORGANIZED THAT'S INCORPORATED AND PEOPLE PAY DUES, BUT IT'S NOT A MANDATORY NEIGHBORHOOD ASSOCIATION.
I, I UNDERSTAND, BUT IT IS, YOU KNOW, IT ELECT A PRESIDENT IT, RIGHT? YEAH, WE HAVE A PRESIDENT AND A UH OKAY.
AND A SECRETARY AND, UH, YEAH.
THANK, I THINK YOU GOT THE LETTER FROM ELIZABETH BUILTIN.
SHE IS OUR, I THINK SHE MENTIONS IN HER LETTER THAT SHE'S, SHE DOES, YEAH, I THINK MR. NAVAREZ WAS GONNA, NO, DID YOU WANNA SAY SOMETHING? PLEASE? THANK YOU.
I, I WANNA MAKE SURE WE CAN MOVE ON FROM THE VISIBILITY, UM, REQUEST SO THAT YOU CAN THEN DISCUSS THE OTHER PART OF THE REQUEST.
UM, I WANNA CLARIFY THAT THE REQUEST AT THIS POINT IS FOR THE VISIBILITY TRIANGLE AT THEIR DRIVEWAY AND NOT AT THE INTERSECTION.
UH, BUT I, BUT I'M HEARING HONORABLE COUNCILMAN GATES LETTING US KNOW THAT THERE IS A SIDE DISTANCE ISSUE AT THIS INTERSECTION.
I'M LOOKING AT IT, I'VE CONFESSED I HAVE, I DID NOT GO THERE MYSELF.
UM, BUT I'M LOOKING AT IT, UH, ONLINE, I'M ON STREET VIEW VIEW AND I CAN CLEARLY SEE THAT TODAY OR AT THE TIME WHEN THIS IMAGE WAS TAKEN, THERE'S A SITE DISTANCE ISSUE, WHICH IS NOT THE SAME AS A VISIBILITY TRIANGLE.
UH, IN FACT, WHAT THIS PROPERTY IS DOING IS THEY'RE, THEY'RE ACTUALLY IMPROVING
[00:35:02]
THE VISIBILITY AT THE INTERSECTION BY CREATING, BY RESPECTING THAT 45 BY 45 TRIANGLE, MAKING THAT CORNER A TRIANGULAR SHAPE BETTER REMOVING ANY OBSTRUCTION FROM WHAT IS THERE NOW, THERE WILL STILL BE, THERE WILL STILL BE A SITE DISTANCE ISSUE THAT I'M LOOKING AT HERE THAT IS CREATED BY THE BUSHES THAT RUN ALONG THE STREETS, UH, THAT THOSE ARE NOT IN YOUR PURVIEW AND THEY'RE, THEY CONSTITUTE A TRAFFIC HAZARD, IN MY OPINION.I'M LOOKING AT IT NOW ON MY SCREEN, BUT THEY'RE NOT RELATED TO THE VISIBILITY TRIANGLE.
THE SITE DISTANCE IS A, A DIFFERENT MEASUREMENT OF DESIGN.
UH, 45 BY 45 IS MORE OF A, UM, DESIGN STANDARD SITE DISTANCE HAS TO DO WITH HOW FAST A VEHICLE IS TRAVELING ON THE CUS CROWDING STREET.
AND SO IT CREATES, INSTEAD OF AN ISOSCELES TRIANGLE THAT'S 45 BY 45, IT CREATES A A 90 DEGREE TRIANGLE THAT IS VERY, VERY LONG.
AND THE DENSE, THE DISTANCE OF THAT TRIANGLE DEPENDS ON THE SPEED OF THE ROAD.
SO, AND SO IF YOU HAD A 20 FOOT MILES PER HOUR ROAD, THAT TRIANGLE IS SHORTER.
UM, THIS, UM, BA BASED ON THE POSTED SPEED LIMIT, YOU NEED AT LEAST 445 FEET AWAY FROM THE DIMENSIONS ARE INTRICATE AND 11 FEET FROM THE NEAREST TRAVEL LANE.
AND SO YOU NEED TO BE ABLE TO SEE THAT FAR AWAY, 445 IN ORDER TO MAKE AN EDUCATED DECISION TO TURN LEFT.
SO, SO YOU'RE SAYING, I MEAN, 445 FEET ALONG THAT PROPERTY LINE GETS YOU OUT OUTTA THE PROPERTY, GETS YOU WELL BEYOND THIS PROPERTY LINE? SO ARE YOU SAYING THERE SHOULDN'T, I MEAN, WELL, I, I, THAT'S THE PROBLEM.
I WANTED TO MAKE SURE YOU, YOU, UH, I WANNA MAKE SURE THAT I GAVE, UH, HONORABLE, COMFORTABLE WOMAN GATE THE, UM, UM, CREDIT FOR POINTING OUT SOMETHING THAT, IT'S NOT PART OF THIS CONVERSATION, BUT IT'S STILL A PROBLEM.
UH, IN MY OPINION, NOT THE BEAUTY OF IT IS THAT WE HAVE THE PROPERTY OWNERS PRESENT THERE THEMSELVES GOING TO BE APPROACHING THIS INTERSECTION, OR THEY ARE, AND I HOPE THAT THEY'RE NOTICING THAT THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED THAT IS OUTSIDE OF THIS CONVERSATION.
UM, ANYONE CAN CALL 3 1 1 AND MAKE THAT REPORT.
AND WE WOULD HAVE TO HAVE A CONVERSATION WITH THOSE PROPERTY OWNERS.
THOSE PUSHES ARE RESTRICTING SITE DISTANCE AND THEY EITHER NEED TO BE REMOVED OR TRIMMED TO THE POINT THAT CREATES THAT 445 DISTANCE THAT I'M MENTIONING.
UM, AND, AND BASED ON THE SITE PLAN THAT WAS PROVIDED TO YOU AS PART OF THIS REQUEST, I DON'T SEE WHETHER OR NOT THOSE, THOSE BUSHES ARE BEING TRIMED OR REMOVED, BUT AGAIN, THEY'RE NOT PART OF THIS APPLICATION REQUEST.
UH, THERE, THERE IS A, AN ISSUE THAT I'M, THAT I AGREE SHOULD BE ADDRESSED.
UH, THERE IS LIMITED SIGHT DISTANCE, UM, BECAUSE OF AN EXISTING, UH, BUSH.
I CAN'T, UM, LACK OF A BETTER WORD.
THERE'S A VEGETATION, UH, THAT NEEDS TO BE REMOVED, WHICH DOES NOT IN, IN, BUT THIS IS, YOU HAVE NOT INSIDE OF VISIBILITY.
BUT BUT YOU HAVE NO CONTROL OVER THAT.
I MEAN, IF, IF SOMEBODY PLANTS A BUSH IN A, IN A VISIBILITY TRIANGLE, IT'S OVER TWO FEET.
A AGAIN, THIS IS COMPLETELY OUTSIDE OF THE V 45 BY 45, YOU'RE, YOU'RE, THE APPLICANT IS LETTING YOU KNOW THAT, THAT THEY WILL COMPLY WITH THE 45 BY 45 VISIBILITY TRIANGLE, THAT THEY WILL CLEAN IT UP AND MAKE SURE THERE'S NO OBSTRUCTION.
IT'S THE, IT'S BEYOND THAT 45 BY 45 THAT, THAT THIS PROPERTY HAS ISSUES WITH TALKING ABOUT OVERHANG.
SO JUST WANNA MAKE SURE THAT WE STEP AWAY FROM THIS 45 BY 45 VISIBILITY TRIANGLE.
THIS, THIS IS NOT BEING A REQUEST ANYMORE, WHICH WE HAD NOTED AN OBJECTION.
UH, OUR, OUR SUPPORT OF THE REQUEST IS LIMITED TO THE VISIBILITY TRIANGLE AT THEIR DRIVEWAY NOW ON STRAIGHT.
BUT, UM, BUT I, I AGREE THAT THERE IS A SITE DISTANCE BEYOND THE 45 BY 45 VISIBILITY TRIANGLE THAT I WOULD LOVE TO TALK TO THE APPLICANT IN HELPING THEM ADDRESS THAT FOR THEIR NEIGHBORS.
SO OUR STANDARD OBVIOUSLY HERE IS THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
THERE ARE PLENTY OF WAYS, IN MY OPINION, THAT COULD INCLUDING TRAFFIC THAT, THAT, THAT COULD ADDRESS.
I THINK I UNDERSTAND WHAT YOU'RE SAYING.
I JUST WANTED TO MAKE SURE THAT WE, WE TOOK THAT VISIBILITY TRIANGLE OUT OF THE CONVERSATION NOW SO YOU CAN ACTUALLY FOCUS ON THE REQUEST.
WE, WE UNDERSTAND THAT, THAT THE VISIBILITY TRIANGLE ALONG STRAIGHT AND ROYAL IS NO LONGER AT, CORRECT? THAT'S, THAT'S CORRECT.
AND ACCORDING TO THE CONVERSATION
[00:40:01]
THAT YOU, YOU JUST HAD, UH, THIS WILL IMPROVE THE VISIBILITY TRIANGLE THAT IS, IT'LL BE BETTER WHEN THIS IS DONE, WHEN IT IS NOW.WELL, THERE'S NOTHING THERE NOW.
AT THE CORNER, AT THE CORNER, UH, THERE, THERE ARE, UH, THERE'S A TREE.
I, I NOTICED THERE ARE BUSHES AND A TREE, AT LEAST ONE OR TWO THAT ARE WITHIN THE, THE 45 BY 45.
THERE, THERE ARE MORE ITEMS, MORE VEGETATION DOWN BEYOND THE 45 BY 45 THAT ARE OBSTRUCTING SITE DISTANCE, WHERE BY A POINT OF DECISION IS HARD TO MAKE BECAUSE THEY, THAT IT'S IN THE WAY OF YOU MAKING A, AN EDUCATED CHOICE TO PROCEED WHEN CARS ARE APPROACHING OUR, SO WE, WE ARE IN THE STARBUCKS TIME, SO, SO I'M SORRY TO CUT YOU OFF, BUT, UH, YOU HAVE A FLOOR, UH, UM, I'M SORRY.
UH, WELL THERE'S CURRENTLY NOTHING IN THE VISIBILITY TRIANGLE.
THERE MIGHT BE SOME LOAD SHRUBS.
THE VISIBILITY TRIANGLE IS OPEN AT THIS POINT.
SO WHAT THEY ARE PROPOSING TO BUILD A SIX FOOT FENCE THAT'S NOT EXISTING, JUST ADJACENT TO THE VISIBILITY TRIANGLE.
SO THEY WILL BE ADDING MORE OBSTRUCTIVE VIEWS ON THE FRONT OF THEIR PROPERTY THAT'S NOT THERE.
I UNDERSTAND THAT THEY'RE BEING COMPLIANT.
IT'S, BUT IT'S AT THE VISIBILITY TRIANGLE LINE, THAT FENCE DOES NOT EXIST TODAY.
UM, SO THEY'LL BE ADDING THINGS.
SO I DON'T THINK IT'S GONNA GET BETTER.
AS THEY MENTIONED, I, I GET THE SITE IS IMPAIRED BECAUSE OF, BECAUSE OF BEING A BUSY ROAD AND THEIR, THEIR VEGETATION IS ENCROACHING INTO THAT SPACE.
UM, BUT THEY'RE ASKING FOR SOMETHING THAT DOESN'T EXIST TODAY.
SO I DON'T THINK IT'S GONNA IMPROVE ANYTHING.
IT'S JUST GONNA ADD POTENTIAL MORE DISTRACTION WHEN PEOPLE ARE TRYING TO MOVE FORWARD TO SEE PAST, UM, TO SEE, WE TO SEE THE ONCOMING CARS THAT ARE TRAVELING WEST ON ROYAL LANE, OBVIOUSLY.
AND IT'S A BUSY ROAD, 40 MILES AN HOUR.
MANY PEOPLE ARE TRAVELING CLOSER TO 50 MILES AN HOUR ON THAT, UH, THROUGH THAT AREA.
SO ARE THERE QUESTIONS OF MS. GATES? NO.
ARE ARE THERE OTHER SPEAKERS IN OPPOSITION? NO, THE SPEAKERS, SIR.
MS. GATES IS THERE, ARE YOU, UH, FINISHED? NO.
UM, AND I APPRECIATE MS. GATES'S REMARKS AND I WOULD JUST SAY IT IS TRUE, WE ARE ACTUALLY RELATIVELY MAKE SURE THAT MIC IS ON.
YEAH, YOU HEAR ME? IT'S HORRIBLE FOR TALL PEOPLE.
UH, NO, I WAS JUST SAYING I APPRECIATE MS. GATE'S REMARKS AND CERTAINLY THE CONCERNS, UH, PERHAPS OF OTHERS IN THE COMMUNITY.
UM, ONE THING I'LL SAY ON THE VISIBILITY TRIANGLE ACT, ROYAL, THAT ISN'T IN DISPUTE AT THE MOMENT, AND IF ANYTHING, THIS WHOLE THING IS DESIGNED TO CLARIFY THAT AND TO MAKE THAT A VERY CLEAN LINE.
THAT'S WHAT THIS GATE WILL DO.
TO CLARIFY THE RECORD, THERE'S NO COLUMN.
WE'RE NOT PROPOSING COLUMNS ON THAT ROYAL LANE OR ANYTHING.
SO THOSE ARE ONLY GONNA BE AT THE PEDESTRIAN WALKWAY AND THE DRIVEWAY, WHICH IS FARTHER OFF.
SO THE GATE ITSELF WOULD BE FIVE EIGHT AT THAT ROYAL LANE ENTRANCE.
I KNOW THAT'S NOT EVEN AN ISSUE THAT'S BEFORE THE BOARD TODAY, BUT I WANTED TO CLARIFY THAT.
ONE OTHER AREA, AND THIS IS JUST IN THE INTEREST OF BEING A GOOD CITIZEN.
WE'RE AWARE OF THE, YOU KNOW, WE, WE PURCHASED THE PROPERTY, THERE WAS THIS, UH, TREE LINE OVER ON ROYAL LENGTH.
UM, WE ACTUALLY, I THINK THE PICTURE YOU MAY BE REFERRING TO, UH, MR. NAVARRES IS ACTUALLY A LITTLE BIT OLD BECAUSE WE HAVE BEEN IN TOUCH ACTUALLY WITH THE CITY 3 1 1 IN THE LAST FEW WEEKS.
AND AS OF AT LEAST TWO WEEKS AGO, WE HAD IT ACTUALLY HEDGED PRETTY CLEANLY FOR THAT VERY REASON.
UH, WE WANTED TO MAKE SURE THAT WE'RE IN COMPLIANT.
OUR UNDERSTANDING IS AS OF TODAY THAT WE ARE, WE'D EVEN BE OPEN IN THE FUTURE AND I'D BE HAPPY TO TALK WITH MS. GATES AND OTHERS IN THE COMMUNITY IF THEY WANT US TO HAVE THOSE TREES REMOVED IT ALL TOGETHER.
I MEAN, OBVIOUSLY WE DRIVE IN AND THEN OUT THAT STREET ALL THE TIME, IT HASN'T REALLY BEEN AN ISSUE, BUT IF IT'S AN ISSUE FOR OTHERS, THEN WE WANNA CERTAINLY, UH, YOU KNOW, WE WANNA BE GOOD NEIGHBORS.
THAT'S, THAT WOULD NOT BE AN ISSUE.
I KNOW IT'S NOT BEFORE THE BOARD TODAY, BUT WHILE MS. GATES IS ON THE LINE, I WANNA MAKE SURE SHE KNOWS THAT AND I'D BE MORE THAN HAPPY TO TALK TO HER AND TALK, TALK TO THE OTHER MEMBERS, THE NEIGHBORHOOD ASSOCIATION ABOUT THAT.
ONE THING I WANNA BE REALLY CLEAR ABOUT THOUGH, IS AGAIN, GOING BACK TO THE SECURITY FOR OUR CHILD, UH, FOUR FEET IS NOT GOING TO HELP IN THE END, END OF THE DAY HELP HIM FINDING OFFENSE THAT HE NEEDS TO, IF HE IS DRAWN TO SIGNS.
AND TWO, WE DID NOT APPRECIATE THIS BY THE WAY, WHEN WE PURCHASED THE PROPERTY, THAT, UM, IT WOULD BE SO HEAVILY TRAFFICKED RIGHT ON STRAIGHT OR THAT SO MANY PEOPLE WOULD REALLY JUST RING THE DOORBELL AND THAT WE DON'T KNOW.
[00:45:01]
FREQUENTLY.SO THE ISSUE IS FIVE FOOT EIGHT IS ACTUALLY A PHYSICAL BARRIER HE CANNOT OVERCOME, AND FOUR FEET IS NOT.
AND SO THAT'S WHY WE'RE HERE TODAY.
THAT'S WHY WE HAVE APPLIED FOR THIS EXCEPTION.
IT'S, WE THOUGHT THE MOST MODEST TYPE OF EXCEPTION WE COULD GET, BUT THAT WOULD BE, UH, FRANKLY, WOULD HELP PROTECT US FROM UNINVITED VISITORS THAT WOULD PUT OUR CHILD IN HARM'S WAY AND, AND REALLY MORE KEEP HIM FROM GOING OUT.
SO WE HOPEFULLY YOU'LL TAKE THAT INTO CONSIDERATION AS WELL.
WE ARE GOING, IT'S A REALLY MODEST IN TERMS OF WHAT'S ACTUALLY BEFORE THE BOARD, A VERY MODEST ENCROACHMENT AT THE DRIVEWAY, UM, THAT WE'VE ALREADY DISCUSSED WITHIN NO SIDELINES.
AND THEN, UM, WITH ALL DUE RESPECTS, IF YOU DRIVE AROUND THAT NEIGHBORHOOD, YOU ARE GOING TO SEE FENCES WELL ABOVE SIX FEET, YOU'RE GONNA SEE, AND THEY'RE GONNA BE SOLID FENCES, AND YOU CAN SEE THAT ELSEWHERE.
YOU CAN ALSO SEE FENCES LIKE WE'RE PROPOSING THAT ARE HIGHER.
THIS IS NOT AN UNUSUAL REQUEST WE'RE MAKING.
UH, AND SO HOPEFULLY YOU'LL TAKE THAT INTO CONSIDERATION.
IT IS NOT, UH, I MEAN, SO WHETHER IT'S SIDE OR FRONT, THE THE END OF THE DAY, WHAT WE'RE ASKING FOR IS ACTUALLY VERY CONSISTENT WITH WHAT MUCH OF THE, THE OTHER FENCING ON THAT DRIVEWAY ON STRAIGHT END.
ARE THERE QUESTIONS, MR. SINGTON? MR. BALDWIN? NO, SIR.
UM, IS, IS IT TOO MUCH TO OVERCOME TO, UM, RELOCATE THE BOUNDARIES OF THE FENCE TO WHERE IT'S NOT CREATING THAT ENCROACHMENT INTO THE, UM, THE, THAT, UH, THE VISIBILITY THAT IS IN QUESTION TODAY? IS THAT TOO MUCH TO OVERCOME? SO TO BE CLEAR, YOU MEAN THE ONES, UH, UP BY THE DRIVEWAY? BY THE DRIVEWAY, NOT, WE'RE NOT TALKING ABOUT THE CORNER.
I THINK THAT ARE WE, ARE WE, JUST TO BE CLEAR, I'M SORRY.
UH, I THINK THE CONCERN WAS THERE IS A TREE THAT IF WE WERE TO MOVE IT BACK A LITTLE BIT, THIS POSSIBLY, I'D HAVE TO LOOK AT THE PLAN, BUT I THINK THAT PART OF THE CONCERN MAY HAVE BEEN YOU RUN INTO TREE LINE AND ROOTS ON A PRETTY BIG TREE IN THE MIDDLE OF THE LAWN THAT WE
IS THAT, IS THAT, IS THAT A ISSUE OR IS THAT PERCEIVED ISSUE? WELL, WE DON'T WANNA UPROOT A A TREE IF WE DON'T NEED, I I UNDERSTAND YOU DON'T WANT TO UPROOT, WE DON'T WANT YOU TO UPROOT A UNLESS YOU TALK TO MR. UM, MR. IWIN THE ARB TO UPROOT ANY TREES AS WELL.
BUT WHAT I'M ASKING IS, ARE YOU SURE THAT THAT'S AN ISSUE OR ARE, DO YOU THINK THAT THAT'S GONNA BE AN ISSUE TO, TO MOVE THE TREE TO WHERE, I MEAN, MOVE THE FENCE BACK TO WHERE IT'S NOT, UH, ENCROACHING? UH, NO, I MEAN, I'M, I'M FAIRLY CONFIDENT THAT WHEN WE SPENT A LOT OF TIME TALKING TO THE PEOPLE WHO DESIGNED THIS, AND OBVIOUSLY WE WANTED TO BE, WE, WE'D LIKE TO AVOID ANY EXCEPTIONS IF WE COULD.
I THINK THAT THEY SAID WAS THIS HAD TO BE WHERE IT WAS TO AVOID THE TREE TO AVOID ROOT LINES AND TREE LINES, AND THAT WOULD THE BEST BET.
AND ALSO WITH SUCH A MODEST EXCEPTION THAT WE WERE SEEKING, I DON'T THINK IT ACTUALLY GOES THROUGH THE ISSUE THAT MS. GATES WAS REFERRING TO.
I DON'T SPEAK FOR HER, BUT IF THAT'S THE ONLY OPPOSITION, WELL, THE ONLY ISSUE THAT WE ARE CONSIDERING IS THE, THE VARIANCES OR EXCEPTIONS THAT YOU, THAT YOU HEAR FOR.
THE EX YEAH, WE, WE, WE TAKE MS. GATE'S, UH, COMMENT AND TESTIMONY, YOU KNOW, UM, UH, SERIOUSLY, BUT I MEAN, REALLY THE, THE QUESTION BEFORE US, SO JUST THE QUESTION BEFORE US UNDERSTOOD.
UM, MY UNDERSTANDING IS THAT WAS THE WAY TO MINIMIZE THE INTRUSION INTO EXISTING FOLIAGE IN TREES, AND THAT'S WHY IT WOULD PROPOSE A RIGHT AGREEMENT.
MR. SINGTON, OUR STANDARD ON THAT WOULD BE WHETHER THIS WILL CONSTITUTE A TRAFFIC HAZARD UP ON THE VISIBILITY TRIANGLE, RIGHT.
THE, THE FENCE IS WHETHER IT ADVERSELY AFFECTS NEIGHBORING PROPERTY, RIGHT.
MAYBE SOMEDAY SOMEBODY WILL DEFINE THAT FOR US, BUT WELL DONE.
MS. P*****K? NO, JUST TO RESPOND, MR. AGNE, UM, IF IT'S THE NEIGHBORING PROPERTY, UH, WE KNOW OUR NEXT DOOR NEIGHBOR.
WELL, AND WE DID IN FACT REACH OUT TO SEVERAL OF THE NEIGHBORS IN THE COMMUNITY.
WE DIDN'T GO ALL THE WAY DOWN, UH, THE KEYHOLE LANE, BUT, UH, OUR NEXT DOOR NEIGHBOR WE UNDERSTAND IS NOT OPPOSED AND UNDERSTAND THE REASON AND OUR UNDERSTANDING IS SUPPORTED, AND SHE WOULD BE THE ONE I SUPPOSE DIRECTLY IMPACTED, IF AT ALL.
I DON'T THINK THERE IS AN IMPACT.
SO MY QUICK SOAPBOX IS WERE QUASI-JUDICIAL, SO WE'RE APPOINTED, BUT NOBODY CAN TALK TO US.
AND SO BECAUSE OF THAT, UH, AS OPPOSED TO CPC, THE, THE CODE SAYS WE HAVE A SET OF GUARDRAILS THAT ARE STANDARD, AND WE ONLY THINK ABOUT THAT.
FOR EXAMPLE, IT DOESN'T MATTER WHETHER THINK WHETHER WE THINK SOMEBODY'S FENCE IS A BAD COLOR LIKE WE DON.
[00:50:01]
STANDARD IN THIS CASE, AND THE OMAN STANDARD IS IN THE OPINION OF THE BOARD, UH, WILL, IN THIS CASE DEFENSE ADVERSELY AFFECT NEIGHBORING PROPERTY.DOES NOT DEFINE IT FOR, IS IT, IS IT NEXT TO, YOU KNOW, WE, WE GET TO DECIDE THAT SUMMIT? SO, YOU KNOW, THAT'S, THAT'S, WE ARE VERY LIMITED ON WHAT WE'RE ALLOWED TO CONSIDER.
SO ARE THERE, OKAY, SO LET ME ASK THE STAFF SOMETHING I THINK I HEARD BEFORE WE BEGAN THAT WE DON'T HAVE IN OUR POSSESSION RIGHT NOW A SITE PLAN THAT WE COULD HOLD ANYBODY TO IF WE WERE TO APPROVE THIS.
STAFF, UH, STANDARD PRACTICES TO HAVE THE ENTIRE SITE PLAN OF OF THE OKAY.
SO MAY MR. ATTORNEY, I, I READ THAT TO BE, TO MEAN THAT TODAY THERE IS NO WAY WE COULD APPROVE THIS.
WE EITHER HAVE TO DENY IT OR HOLD IT OVER, BUT CANNOT APPROVE IT.
I AGREE WITH THAT INTERPRETATION.
THAT BEING SAID, THE UM, UH, HEARING IS CLOSED.
IS THERE A MOTION? I'LL NOTE THAT THERE'S A, A, A CHANGE IN OUR POLICY AND THAT WHEN WE HOLD SOMETHING OVER, UH, THE NEIGHBORS ARE RE NOTIFIED.
SAY IT'S, UH, IT IS OH FIVE NINE.
MR. SINGTON, IS THERE A MOTION? UM, I'LL MAKE A MOTION.
UM, SO THE MATTER, UM, OF BDA 2 3 4 0 5 9, I MOVE AT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 0 5 9, HOLD THIS MATTER.
UN UM, UNDER ADVISEMENT UNTIL OUR JUNE 17TH.
OUR JUNE, IT'S JUNE 17TH OF JULY.
DO YOU MEAN IN JUNE? OUR NEXT, OKAY.
JUNE 17TH, OUR NEXT BOARD, UH, MEETING OF JUNE 17TH.
UM, AND IT'S, THIS ISN'T IN THE MOTION, BUT JUST MY WORDS, UM, BECAUSE WE DON'T REALLY HAVE A DOCUMENT THAT WE CAN FORMALLY HOLD, UM, THE, UH, APPLICANT TO.
SO IS THERE A SECOND, MR. CHAIR? I SECOND MR. MILLIAM.
I THINK THAT MAKES THE MOST SENSE.
I APPRECIATE THAT EVERYONE WHO'S PROVIDED THEIR TIME AND, AND SHOWED UP HERE TODAY WANTS RESOLUTION HERE TODAY.
UH, AT THE SAME TIME, FROM WHAT I GATHERED FROM THE LETTERS AND FROM, UM, COUNCIL MEMBER GATES'S COMMENTS, IT SOUNDS LIKE THERE'S A LITTLE BIT OF CONFUSION SURROUNDING WHAT THE SITE PLAN IS OR CALLS FOR, UH, IN A WAY THAT IS RESULTED IN THERE SOME BEING SOME, UM, AT LEAST SOME OF THE, UH, OBJECTIONS TO THE PLAN AS SORT OF SUBMITTED, UH, PUTTING ASIDE JUST THE MECHANICAL NATURE THAT WE NEEDED.
UM, AND I THINK THAT WOULD ALSO POSSIBLY AFFORD THE APPLICANT MORE TIME TO PROVIDE ADDITIONAL IMAGES TO SHOW 'CAUSE AS IT COMES TO THE HEIGHT OF THE FENCE, WE HAVE TO DETERMINE WHETHER IT ADVERSELY AFFECTS NEIGHBORING PROPERTIES.
AND OBVIOUSLY WE'RE GETTING, UM, TWO VERY DIFFERENT DEGREES OF TESTIMONY ABOUT WHAT, HOW UNUSUAL OFFENSE OF THIS TYPE WOULD BE FOR NEIGHBORING PROPERTIES.
SO, UH, I'M GONNA VOTE IN FAVOR OF HOLDING THIS OVER FOR THE NEXT JULY.
SO WILL I, IN, IN NO SMALL PART BECAUSE I DISLIKE HOLDING THINGS OVER WHEN PEOPLE HAVEN'T COMMUNICATED IN THIS CASE.
UH, WE GOT NEW INFORMATION THIS MORNING.
I DON'T KNOW HOW LONG IT IT'S BEEN THERE, BUT I DO APPRECIATE PEOPLE LISTEN TO 'EM.
THE WHOLE POINT OF HAVING THAT, THAT, UH, BRIEFING SO THAT PEOPLE CAN LISTEN TO THE STAFF AND TO THE BOARD AND, AND HAVE SOME CHANCE TO REACT.
UH, IT WOULD BE HARD TO, EVEN IF I COULD APPROVE IT, IT WOULD BE HARD TO DO THAT WITHOUT HAVING THE PEOPLE WHO WROTE LETTERS LOOK AT THE
[00:55:01]
NEW, THE NEW SITE PLAN.I ACTUALLY THINK THAT PROBABLY THERE'S PROBABLY A REASONABLE SOLUTION BASED ON THIS.
THERE, THERE, YOU KNOW, THE, THE, THE STRAIGHT LANE, ROYAL LANE VISIBILITY TRIANGLE, AT LEAST FROM THE STANDPOINT OF A BOARD IS NO LONGER AN ISSUE.
UH, UM, SO AT A MINIMUM, I'D LIKE TO GIVE PEOPLE A CHANCE TO TALK, UH, MAYBE HAVE TESTIMONY OR WRITTEN, UH, OPINIONS FROM, FROM THE NEIGHBORS, THE DIRECT NEIGHBORS.
UH, AND THIS GIVES US A MONTH AND WE DON'T HAVE TO RE NOTIFY.
UM, THIS IS WORTH WAITING, IN MY OPINION.
AND IT'S ESPECIALLY TRUE GIVEN THAT THAT
LIKE, WE DON'T EVEN HAVE THE OPTION OF APPROVING IF WE WANTED TO.
SO IT'S, IT'S REALLY DECISION AS TO WHETHER WE DO THIS DENY WITHOUT PREJUDICE OR DENY WITH PREJUDICE.
AND I, UH, THIS DOESN'T WARRANT NEEDING A NEW APPLICATION FEE.
ANY OTHER COMMENTS? WOULD YOU CALL THE MOTION PLEASE? MR HAS AYE MS. P*****K? AYE.
MOTION PASSES TO HOLD, UM, UNDER ADVISEMENT UNTIL JUNE 17TH? I SUPPOSE IT WOULD'VE BEEN A GOOD IDEA TO ASK THE APPLICANT ABOUT JUNE 17TH, BUT, UH, YOU'RE GOOD.
UH, THE BOARD WILL RECESS FOR FIVE MINUTES.
THE BOARD OF ADJUSTMENT PANEL C IS NOW BACK IN SESSION AT 2:13 PM THE FINAL CASE IS BDA 2 3 4 DASH 6 5 1 7 8 0 5 WIND PIPER DRIVE.
WE'RE HEARING THIS DESPITE IT BEING, UH, PUT ON OUR UNCONTESTED DOCKET BECAUSE IN THE, IN, IN THE APP, IN THE BRIEFING MATERIAL, WE HAVE, UH, ALTHOUGH THERE WAS, UM, A RECOMMENDATION OF APPROVAL, UH, BELOW IT IS OUR STATEMENTS THAT WOULD INDICATE, UM, OPPOSITION BY THE STAFF.
SO AT SOME POINT, UH, WE MAY ASK THE STAFF, WHICH IT IS, UH, UH, MAYBE WE START WITHOUT TALKING.
DO YOU MEAN TO APPROVE IT OR DO YOU MEAN DO YOU MEAN TO ADVISE US TO APPROVE IT OR TO DENY IT MEAN TO DENIAL WITH THE OKAY.
GOING THROUGH HOW SO IT JUST SET APPROVE THAT WAS, THAT WAS A MISTAKE? YES.
SO IT WOULD'VE BEEN PULLED AND WE MISSED IT.
UM, IF YOU ARE HERE TO SPEAK ON THIS CASE, UH, WOULD YOU PLEASE STAND TO BE SWORN IN ALL AT ONCE? IS THERE ANYONE REMOTE? MS. WILLIAMS? NO.
WOULD YOU PLEASE SWEAR EVERYONE IN? DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? WHEN YOU, YOU COME, WHEN YOU COME TO THE MICROPHONE, PLEASE STATE YOUR NAME AND ADDRESS.
I LIVE AT 1 7 8 0 5 WIND PIPER, AND MY WIFE ADRIANA AND I ARE HERE AS THE HOMEOWNERS DON'T LIVE THERE YET.
ACTUALLY, TO BE TECHNICALLY CORRECT.
IS IT, IS IT OKAY IF I JUST ASK FOR CLARIFICATION ON, ON THE, MAYBE THE, THE STAFF'S RECOMMENDATION? THAT WAS JUST A LITTLE BIT OVER MY HEAD.
THIS IS, THIS IS YOUR TIME AND I THINK THAT'S ABSOLUTELY, PERHAPS I SHOULD ASK, UH, WOULD YOU, UH, WOULD YOU CLARIFY AND, AND LET'S JUST FIRST READ YOUR REASONING AND I GOTTA FIND THE PAGE, BUT IF YOU DO THAT AND THEN TALK ABOUT IT.
YEAH, SO I COULD, I MEAN, EVEN IN SUMMARY, SO, UM, NUMBER TWO OR B IS WHAT WE CALL IT, UM, IS TYPICALLY DEALS WITH SIZE, SHAPE, AND SLOPE.
MAYBE YOU CAN START BY READING THE, THE STANDARD BY, BY WHICH WE HAVE TO GO.
DO YOU WANT ME TO READ IT OR DO YOU HAVE IT? I GOT IT.
OH, YOU WANNA READ IT? YEAH, LET'S, LET'S HAVE MR. SAPPER, THE, THE STANDARD FOR A VARIANCE IS WHAT YOU'RE TALKING ABOUT.
UH, SO THE STANDARD FOR, UH, UH, REVIEW OF A VARIANCE, WHICH COMES FROM SECTION 51, A 3 1 0 2 D 10,
[01:00:01]
UH, SPECIFIES THAT THE BOARD HAS THE POWER TO GRANT VARIANCES FOR SIDE YARDS AND, UH, SEVERAL OTHER THINGS.BUT FOR YOUR INSTANCE, IT'S SIDE YARDS, UM, PROVIDED THAT THE VARI THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THAT IT'S NE THAT IT'S NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND BY BEING OF A RESTRICTED AREA, SHAPE OR SLOPE.
AND THAT IT IS NOT GRANTED TO RELIEVE SELF-CREATED OR PERSONAL HARDSHIP.
AND, AND WE, WE, THERE IS ALSO A CAVEAT THAT DOES NOT SAY WE MUST, BUT WE MAY IN CERTAIN CIRCUMSTANCES.
SO ADDITIONALLY, WHAT THE CHAIRMAN'S REFERRING TO IS, UH, IF YOU CONTINUE ON IN THE CODE UNDER SECTION 51, A 3 1 0 2 D, 10 B, THERE WAS A, UH, THERE'S A ITEM THERE THAT WAS FORMERLY KNOWN AS HOUSE BILL 1475, AND IT WAS CODIFIED INTO THE CITY CODE.
SO IT'S NOW PART OF THE CITY CODE.
AND THAT STATES THAT THE SECOND ELEMENT, WHICH IS THE ONE THAT REQUIRES THERE YOU TO THERE TO BE A HARDSHIP OF A RESTRICTED AREA SHAPE OF SLOPE, CAN BE CONSIDERED MET IN, IF THE BOARD DECIDES IN THEIR DISCRETION THAT, AND THEN THERE ARE FIVE DIFFERENT THINGS THAT CAN BE MET.
SO ONE OF 'EM IS THAT THE FINANCIAL COST TO REMEDY THE SITUATION IS GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE AS SHOWN ON THE MOST RECENT APPRAISED TAX ROLL.
THE SECOND ONE IS THAT COMPLIANCE WOULD RESULT IN A LOSS TO THE LOT ON WHICH THE STRUCTURE IS LOCATED AT AT LEAST 25% OF THE AREA IN WHICH THE DEVELOPMENT IS AUTHORIZED PHYSICALLY OCCUR.
THE THIRD ONE IS COMPLIANCE WOULD RESULT IN THE STRUCTURE NOT BEING IN COMPLIANCE WITH ANOTHER REQUIREMENT OF THIS MUNICIPAL IN ITS BUILDING CODE.
UH, THE FOURTH ONE IS THAT COMPLIANCE WOULD RESULT IN THE UNREASONABLE ENCROACHMENT ON AN ADJACENT PROPERTY OR EASEMENT.
AND THEN THE FIFTH ONE AND THE LAST ONE IS THAT THE MUNICIPALITY CONSIDERS THE STRUCTURE TO BE A NON-CONFORMING STRUCTURE.
SO WHEN HE SAYS, WHEN, WHEN, WHEN MR. THOMPSON SAYS THE SECOND POINT, HE, HE MEANS, UH, ESSENTIALLY A HARDSHIP.
SO, AND WHEN TAKING A LOOK AT IT, UM, I SHOULD HAVE CORRECTLY PUT IN, IT IS NOT RESTRICTED IN AREA SHAPE OR SLOPE.
THEREFORE, THE PROPERTY CAN BE DEVELOPED IN A MANNER COMMENSURATE WITH DEVELOPMENT UPON OTHER PARCELS OF LANDS IN THE SAME ZONING DISTRICT.
SO BASICALLY WHAT THEY'RE SAYING IS LIKE, IS YOUR LOT SIZE THE SAME LOT SIZE OF SIMILAR IN YOUR AREA AND IN YOUR CASE IT IS BASED ON THE SQUARE FOOTAGE OR WHAT THE MINIMUM WILL BE TO BUILD FOR THAT PARTICULAR ZONING DISTRICT.
THAT ALLOWS US TO THEN GET INTO HOSPITAL AND WHICH AGAIN, WE'VE TALKED ABOUT WHAT IT WOULD COST FOR YOU TO TURN DOWN AND REBUILD, AND THEN THAT WOULD BE MORE THAN THE 50% IN THIS SCENARIO.
WELL, THANK YOU MS. I'M SORRY.
SO I JUST WANTED TO THANK ALL OF YOU FOR YOUR TIME THIS AFTERNOON.
WE REALIZE YOU'RE ALL HERE ON A VOLUNTEER BASIS AND TRULY APPRECIATE YOUR DEDICATION TO THE CITY OF DALLAS, WHERE I'VE LIVED FOR MORE THAN 45 YEARS.
WANTED TO MENTION THAT THE, THE STAFF HAS BEEN EXCEPTIONAL TO WORK WITH, SO WE APPRECIATE ALL OF THEIR ASSISTANCE THUS FAR.
WE'RE HERE TODAY TO RESPECTFULLY REQUEST A VARIANCE TO THE SIDE YARD SETBACKS FROM SIX FEET TO FIVE FEET ON BOTH THE NORTH AND THE SOUTH SIDES OF OUR HOME.
PLEASE ALLOW FOR SOME BRIEF CONTEXT.
WE PURCHASED THIS LAND NEARLY TWO YEARS AGO WITH THE INTENTION OF BUILDING OUR FOREVER HOME FOR OUR FAMILY TO PURCHASE THIS LAND.
THE OWNER, WHO AT THAT TIME WAS ALSO A CUSTOM HOME BUILDER, REQUIRED THAT HE BE THE BUILDER OF OUR HOME.
AFTER SIGNIFICANT RESEARCH, WE FORGED AHEAD AS FIRST TIME HOME BUILDERS.
THE ENTIRE PROCESS WAS BRAND NEW AND BEYOND OUR SCOPE OF, UH, EXPERTISE.
BECAUSE OF THIS, WE RELIED ON THE REPUTABLE CUSTOM HOME BUILDER FOR HIS GUIDANCE AND PUT OUR TRUST IN HIS ABILITY TO BUILD OUR HOME BY THE BOOK WHERE LAW ABIDING CITIZENS AND ALWAYS DO OUR BEST TO ADHERE TO THE LETTER OF THE LAW IN ALL ASPECTS OF OUR LIVES.
DURING THE INITIAL MONTHS, THE BUILDER KEPT US UPDATED, AND FROM TIME TO TIME WOULD LET US KNOW OF CITY INSPECTIONS THAT WERE REQUIRED AND PASSED.
AFTER NEARLY A YEAR, THE FOUNDATION WAS FINALLY POURED.
UNFORTUNATELY, SHORTLY THEREAFTER, WE LEARNED THAT OUR BUILDER HAD STOLEN SIGNIFICANT SUMS OF OUR LIFE SAVINGS, AND WE WERE FORCED TO PART WAYS AND FIND ANOTHER TRUSTED BUILDER, WHICH TOOK AN ADDITIONAL FIVE MONTHS.
ONCE WE WERE ABLE TO MAKE THE LENGTHY ADJUSTMENTS WITH THE PERMISSION OF THE CITY TO CHANGE BUILDERS, ALL OF WHICH WE OF COURSE DID BY THE BOOK WE RESUMED CONSTRUCTION ALL WENT SMOOTHLY FROM APPROXIMATELY NOVEMBER OF LAST YEAR THROUGH MID-MARCH THIS YEAR UNTIL WE WERE INFORMED BY THE CITY OF THE SETBACK ISSUE.
OUR NEW BUILDER HAS REQUESTED SEVERAL INSPECTIONS AND RECEIVED GREEN TAGS ON ALL OF THEM.
PRIOR TO THAT TIME, WE WERE ALWAYS UNDER THE IMPRESSION OUR BUILD WAS TOTALLY WITHIN ALL OF THE CITY'S REQUIREMENTS.
[01:05:02]
HAVING A GREAT RELATIONSHIP WITH OUR NEIGHBORS IS INCREDIBLY IMPORTANT TO US.BECAUSE OF THAT, WE MADE SURE TO HAVE LENGTHY CONVERSATIONS WITH EVERYONE IN OUR NEIGHBORHOOD, SEEKING THEIR SUPPORT WHEREVER AVAILABLE.
WE WERE ABLE TO SECURE 13 PLUS SIGNED LETTERS OF SUPPORT, PLUS ONE VERBAL STATEMENT OF SUPPORT.
THESE INCLUDE OUR SIDE YARD NEIGHBORS DIRECTLY TO THE NORTH AND THE SOUTH.
WE RESPECTFULLY BELIEVE THAT THE VARIANCE SHOULD BE APPROVED BASED ON THE FOLLOWING REASONS.
THE FIRST ONE, WHICH WAS BRIEFLY DISCUSSED AS WE DON'T BELIEVE THAT THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AND WON'T NEGATIVELY IMPACT HOME VALUES.
PLEASE NOTE THE OVERWHELMING SUPPORT BY OUR NEIGHBORS CAN BE VIEWED AS FURTHER EVIDENCE OF THIS.
AND THE SECOND ONE, WHICH WAS AGAIN MENTIONED AS THE FINANCIAL COST OF COMPLIANCE, IS GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE ON THE MOST RECENT APPRAISAL ROLE OF THE MUNICIPAL ASSESSOR.
WE HAVE DOCUMENTS TO SUPPORT THIS, INCLUDING THE MOST RECENT COLLIN COUNTY TAX ASSESSOR'S APPRAISAL AND THE BUILDER'S DETAILED ESTIMATE OF THE COST TO BRING THE HOME INTO COMPLIANCE.
HAVE YOU SUBMITTED THOSE? YES, SIR.
THEY WERE SUBMITTED IN THE INITIAL DOCUMENTATION.
I HAVE A SLIDESHOW THAT, THAT PERHAPS MR. THOMPSON CAN HELP ME GO THROUGH WHEN, WHEN I'M FINISHED MOMENTARILY.
ARE THEY IN THIS OR ARE THEY IN THE, UH, I, I'D JUST LIKE TO SEE 'EM.
I WANNA MAKE SURE YOU HAVE 'EM FOR THE RECORD.
THEY'RE ALSO ON THE, UH, THE FLASH DRIVE THAT I SUBMITTED WHEN I ARRIVED HERE TODAY, SO WE CAN VIEW THEM TOGETHER IF NECESSARY AT SOME POINT.
I'D LIKE TO DO THAT, BUT, UH, ABSOLUTELY.
DO YOU HAVE IT NOW? CAN DO IT AS SOON AS YOU LIKE.
UH, I MEAN, THIS, THIS IS KIND OF THE SLIDESHOW WE PUT TOGETHER, SOME OF WHICH I'VE ALREADY DISCUSSED.
IF WE WANT TO JUMP AHEAD, UM, WELL, IF YOU, AS LONG AS YOU GET TO IT.
LET ME NOT DICTATE HOW YOU, OKAY.
UM, SO I MENTIONED WE HAVE DOCUMENTATION TO SUPPORT THIS, UH, WHICH IS THE APPRAISAL AND THE BUILDER'S DETAILED ESTIMATE.
WE WERE ONLY MADE AWARE OF BEING OUT OF COMPLIANCE AFTER OUR HOME WAS 45% COMPLETED.
THIS INCLUDED FULL FRAMING WALLS, COMPLETE HVAC, DUCT WORK, ROUGH PLUMBING, ROUGH ELECTRICAL WIRING, THE ENTIRE ROOF WINDOWS, AS WELL AS MANY OTHER COSTLY ITEMS. UNFORTUNATELY, IT'S NOT POSSIBLE TO SIMPLY MOVE THE WALLS ON EITHER SIDE INWARD WITHOUT COMPROMISING THE STRUCTURAL INTEGRITY OF THE HOME.
THEREFORE, WITHOUT THE VARIANCE APPROVAL TODAY, WE'LL BE REQUIRED TO DEMOLISH THE HOME, INCLUDING THE FOUNDATION, AND START, UH, OVER OUR BUILD FROM SCRATCH.
THIS WOULD BE A SIGNIFICANT INCONVENIENCE FOR ALL OF OUR NEIGHBORS, SOME OF WHOM ARE HERE TODAY TO SPEAK IN OUR SUPPORT, AND ALSO IT WOULD CREATE A DOMINO EFFECT OF EXPENSES THAT OUR FAMILY SIMPLY CANNOT ABSORB.
PLEASE UNDERSTAND THAT THIS IS A PIVOTAL MOMENT IN MY FAMILY'S LIFE, AND WE'RE TRULY AT THE MERCY OF THIS PANEL.
WE HOPE YOU AGREE THAT IT'S IN EVERYONE'S BEST INTEREST FOR OUR HOME TO BE COMPLETED, AND DO BELIEVE IT WILL IMPROVE THE OVERALL LOOK AND FEEL OF OUR HIDDEN GEM OF A NEIGHBORHOOD THAT WE HOPE TO ONE DAY CALL HOME.
WE HUMBLY REQUEST THAT YOU CONSIDER APPROVING OUR VARIANCE BASED ON ALL THAT HAS BEEN DISCUSSED THUS FAR WITH RESPECT.
WOULD YOU MOVE TO THE, THE ESTIMATES, THE TAX AND THE LETTER? YEAH, YOU CAN JUST KIND OF, UH, KEEP, KEEP SCROLLING THROUGH.
WE'VE PROVIDED A, A FULL SIZE COPY AS WELL WITH THE DOCUMENTATION, BUT CAN YOU, CAN YOU TELL ME THE NUMBER? YEAH, IT SAYS THAT THE, UH, THE VALUE WAS STRUCTURED AT 1,000,003 5 9 0 1 8, AND THAT'S DATED AS OF THE APRIL 15TH, 2024 COLLIN COUNTY APPRAISAL DISTRICT NOTICE.
AND THAT IS THE STRUCTURE, NOT THE LAND.
AND THE NEXT SLIDE, UM, BASICALLY IS A, IS AN OPINION FROM, UH, THE, THE CUSTOM HOME BUILDER CURRENTLY BUILDING OUR HOME.
THAT BASICALLY SAYS THAT THE INTEGRITY OF THE FOUNDATION WOULD BE COMPROMISED BY THE PARTIAL MOVEMENT OF THE FOUNDATION AND WALLS IN THE HOME, AND THAT THE CONSEQUENCES OF DOING SO WOULD REQUIRE A COMPLETE TEAR DOWN OF THE EXISTING STRUCTURE.
UM, AND OBVIOUSLY BREAKING UP THE, UH, SLAB BECAUSE IT'S A POST TENSION CABLE SLAB AND WOULD REQUIRE, UH, IT CAN'T JUST BE CUT.
UM, IF WE COULD MOVE TO THE NEXT SLIDE, PLEASE.
BASICALLY, WHAT THIS IS SAYING, THIS IS THE ACTUAL, UH, DETAILED CONTRACTOR ESTIMATE FOR REPAIRS.
AND, AND ESSENTIALLY WHAT IT SAYS IN SUMMARY IS THAT THE CONTRACTOR ESTIMATES TO BRING THE PROJECT INTO COMPLIANCE IS $946,680 AND 10 CENTS, WHICH IS 69.7% OF THE MOST RECENT STRUCTURE OF THE APPRAISED VALUE.
AND IT'S A GOOD THING THEY ADDED THE 10 CENTS.
THIS ESTIMATE IS GREATER THAN 50% OF THE MOST RECENT STRUCTURE APPRAISED VALUE, 50% WOULD BE 1,000,003 5 9 0 1 8,
[01:10:03]
UH, OR I'M SORRY, WOULD BE 679,509.SO YOU'RE LOOKING AT IN EXCESS OF $250,000 MORE THAN, THAN THE 50% THRESHOLD.
AND AGAIN, WE DID IN INCLUDE A DETAILED ITEMIZED LIST, UH, IN, IN THE, IT SHOULD BE IN A SEPARATE FILE.
UH, MR. THOMPSON, IF, IF OBVIOUSLY THE PANEL WANTS TO SEE IT, IT'S THERE.
IT'S A TWO PAGE ESTIMATE THAT BASICALLY BREAKS DOWN LINE BY LITEM, THE COSTS OF OF CONSTRUCTION.
I, I NEED TO MAKE SURE IT'S, WE HAVE IT IN THE RECORDS.
AND THIS IS, SO YOU HAVE IT AND THIS IS IT.
I CAN'T READ IT, BUT, UH, THIS IS THE, THIS IS THE SMALL VERSION.
WE DO HAVE IT IN A SEPARATE DOCUMENT THAT'S, THAT'S THAT ACTUAL PDF, BUT YOU GAVE US THE, THE END NUMBER.
DOES ANYBODY WANNA SEE THE DETAIL OF IT? I IMAGINE IT CAN BE PRODUCED.
UH, I, I COULD KIND OF GO THROUGH THE REST OF THE PRESENTATION IN TERMS OF THIS, THIS SLIDE.
I JUST WANTED TO SHOW SOME OF THE IMAGES OF THE EXISTING STRUCTURE.
SO YOU CAN SEE AT THE TIME THAT WE WERE NOTIFIED OF THE VARIANCE ISSUE, OBVIOUSLY IT WASN'T SOMETHING THAT WE HAD ANY INDICATION OF OTHERWISE.
WE'D NOT HAVE BUILT THE HOME TO THAT, UH, KIND OF STAGE.
UH, MR. THOMPSON, IF YOU DON'T MIND, YOU CAN JUST KIND OF CONTINUE TO CLICK THROUGH THE PICTURES.
IT JUST SHOWS YOU VARIOUS ANGLES AND ULTIMATELY IT'LL SHOW YOU THE INSIDE OF THE HOME AS WELL IF YOU JUST KIND OF AT, AT YOUR OWN PACE.
MR. SASHING, DO YOU HAVE GIVE TO THE TOTAL SQUARE? OH, THE, THE TOTAL SQUARE FEET OF, OF THE HOME IS APPROXIMATELY 5,400 SQUARE FEET.
UH, THERE WAS AN, AN ISSUE WITH THE, UH, THE APPRAISAL FROM COLLIN COUNTY WHERE THEY CAME IN HIGH, I MEAN, LAST YEAR BECAUSE IT WAS ESSENTIALLY LAND.
UH, THEY HAD APPRAISED IT AT A A HUNDRED AND CHANGE, AND OBVIOUSLY IT'S A SIGNIFICANT INCREASE.
SO WE'RE DISPUTING THAT PARTIALLY BECAUSE THE SQUARE FOOTAGE THEY HAD WAS INCORRECT.
I JUST DIDN'T WANT YOU TO SEE IT.
DIFFERENT NUMBER AND, AND NOT KNOW WHY.
I BELIEVE THAT'S, OH, AND JUST WANTED TO POINT OUT THAT THE, THE DISTANCE BETWEEN THE HOMES ITSELF, UH, AND, AND OBVIOUSLY THIS IS THE EXISTING STRUCTURE THAT'S THERE.
WE'RE NOT GOING TO BE ADDING ANY ADDITIONAL STRUCTURE BEYOND WHAT YOU SEE THERE AND WHAT'S, WHAT'S INDICATED IN THE DOCUMENTATION.
WE JUST WANTED TO POINT OUT THAT THE DISTANCE BETWEEN THE ACTUAL STRUCTURES OF THE WALLS OF THE HOMES TO THE NORTH SIDE AS WELL AS THE SOUTH SIDE, YOU CAN SEE THE NORTH SIDE NEIGHBOR, IT'S 16 FEET, SIX INCHES, AND I BELIEVE, UH, ONE MORE.
IT, IT'S 15 FEET TO THE SOUTH SIDE NEIGHBOR.
UH, JUST NOT, NOT TO THOSE FENCES, BUT TO THE HOUSE, TO THE ACTUAL WALLS.
DO, DO WE HAVE A FIRE ISSUE THERE WHEN IT'S THAT CLOSE TO A FENCE HOUSE, TO A NO.
THAT, THAT'S ESSENTIALLY THE END OF THE PRESENTATION.
WE, WE DID HAVE OTHER SPEAKERS IF, IF NECESSARY AND IF TIME PERMITS, BUT JUST WANTED TO PASS THAT ALONG.
NO, AND, UH, MY UNDERSTANDING IS THERE'S NOT OPPOSITION.
SO IF YOU'D LIKE TO CONCLUDE, UH, YOU DON'T NEED TO.
I'VE, I'VE CONCLUDED, YES, SIR.
UH, THE, UH, HEARING IS CLOSED.
MAY I HAVE A, UH, MOTION? YOU CAN SIT DOWN.
YOU WANT THANK OH, SENATOR, I, I DO HAVE A QUESTION OF, UH, WE NEED TO HAVE A MOTION FIRST, THEN I'LL ASK IT.
MS. POWELL, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 2 4 0 6 5 AN APPLICATION OF DANIEL MISCIA PRONUNCIATION, MELVIC FOR VARIANCE ON THE NORTH SIDE FOR THE ADJACENT PROPERTY GRANT, THE ONE FOR THE VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUEST BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL, LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DELL DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP FOR THIS APPLICANT.
I FURTHER MOVE THAT THE CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
[01:15:02]
MR. CHAIR? A SECOND.MR. MILLIKEN, MAY I ASK A QUESTION OF STAFF HERE? THIS IS THE, THE CASE WHERE YOU HAD SAID THERE WERE NOT GROOM TAGS, RIGHT? OR WAS THAT A DIFFERENT CASE? NO, THIS IS THE CASE.
UM, WHEN I SPOKE WITH ABS, MAYBE I MISUNDERSTOOD DANIEL, WHEN WE SPOKE THAT THE FIRST TIME THAT THEY RECEIVED ANY NOTIFICATION THAT THERE WAS A ISSUE WAS WHEN OUR, UH, FOUNDATION INSPECTOR CAME OUT AND TAKE A LOOK AT IT, WHICH WAS HER NAME WAS RAMONA BLOOM.
AND MAYBE I JUST MISUNDERSTOOD HIM IN SAYING THAT THAT WAS THE FIRST TIME, BUT THE CITY HAS NO RECORD OF OTHER GREEN TAGS.
DOES THE CITY KEEP THOSE RECORDS? YES.
AND YOU DON'T HAVE ANY I CAN LOOK THEM UP.
WELL, IT'S, BUT YES, WHEN I SPOKE, MAYBE I MISUNDERSTOOD THAT, THAT WAS THE FIRST TIME THAT THERE WAS AN ISSUE BROUGHT UP WAS WHEN SHE CAME OUT TO DO THE FOUNDATION INSPECTION.
SO IF THERE'S AN ERROR, THAT'S ERROR ON MY POINTING OUT ON THAT.
AND, AND I'M, I'M ASSUMING FROM, WHAT WAS THE TESTIMONY BY THE HOMEOWNER IS THAT THE FOUNDATION WAS A RESULT OF THE ORIGINAL CONTRACTOR, NOT THE SUBSEQUENT CONTRACTOR.
I THINK IT'S THE SAME CONTRACTOR.
WE CAN'T, YEAH, TO MY, TO MY UNDERSTANDING, AGAIN, SPEAKING WITH THE APPLICANT, UH, THAT WAS FROM THE ORIGINAL CONTRACTOR, AND THEN THEY'RE NOW WORKING WITH A NEW CONTRACTOR NOW.
YOU, UH, YOU MADE THE YEAH, I'M WITH, UH, WITH THE, UH, GRANT APPROVAL ON THE MOTION AS WELL.
UM, AND IT'S BECAUSE MY UNDERSTANDING ALSO IS THAT THE FOUNDATION WAS POURED BY THE ORIGINAL CONTRACTOR, WHICH WAS NOT FOUND UNTIL LATER IN THE PROCESS, WHICH WOULD BE NO FAULT OF THE HOMEOWNER OR, AND, UH, YOU CAN'T, IN MY OPINION, FAULT THE HOMEOWNER FOR THAT ERROR.
UH, THEY'VE ATTEMPTED TO DO EVERYTHING RIGHT IN THIS PROCESS AND GOING FORWARD.
SO, UM, I HAVE TO GO WITH GRANTING, SO I'LL SUPPORT IT AS WELL, BUT FOR A DIFFERENT REASON.
I, I, I THINK THAT A CONTRACTOR IS A PROXY FOR THE OWNER AND, UH, WHEN STUFF LIKE THIS HAPPENS, THERE'S A CIVIL CASE.
BUT, UH, IF ANYTIME SOMEBODY CAME IN AND SAID, OH, AND THE OTHER GUY SCREWED UP AND WE, WE APPROVED IT, WE'D HAVE A LOT OF SCREW UPS.
UM, I WOULD LOOK AT THIS, UH, UM, YOU KNOW, IF IT HAD COME IN, UH, BEFORE I, I WOULD'VE SIMPLY SAID WHAT THE STAFF SAID.
I THINK SIZE, SHAPE, SLOPE DOESN'T EXIST.
IT SOUNDS LIKE THE STAFF WORKED WITH THE APPLICANT TO HELP UNDERSTAND OUR ABILITY TO GRANT THIS, UH, BEFORE THAT, THAT, UH, LAW, I DON'T THINK WE, WE'D BE ABLE TO, AND, UH, IN THE END, I, I DON'T SEE HARM AND, UH, SINCE I CAN GET AROUND THE SIZE, SHAPE, AND SLOPE BY VIRTUE OF THAT LAW, SO I I, I'M GUESSING THAT, UH, THE APPLICANT DIDN'T JUST KNOW THAT OFF THE TOP OF YOUR HEAD AND THE STAFF WOULD DO SO FOR THAT.
I, I, I VERY MUCH APPRECIATE IT IF YOU DID.
I'M SORRY, BUT THAT'S WHY I'M VOTING FOR IT.
SIMILAR TO YOU, VICE CHAIR AGNI? UM, UH, I BELIEVE, OR IT IS INDEED THE FACT THAT THE, UH, CONTRACTOR IS AN EXTENSION OF THE OWNER.
UM, BUT TO HOUSE BILL, UH, WHICH I PERSONALLY DISAGREE WITH A LOT OF WHAT IT DOES IN THIS PARTICULAR CASE, I, IT DOES PROTECT HOMEOWNERS, UM, UH, AND, UH, WHO EXPERIENCE THIS TYPE OF, UM, ABUSE FROM CONTRACTORS.
UM, SO, UM, I'M APPRECIATIVE OF THAT COMPONENT OF THE, OF THE BILL.
UM, AND TO THAT END, I, I, I WILL ALSO SUPPORT THE, THE MOTION.
MS. WILLIAMS, WILL YOU CALL VOTE MS. P*****K? AYE.
MOTION PASSES TO GRAND FIVE TO ZERO.
UH, PANEL C MR. SLU, OH, WE DO HAVE A SECOND MOTION.
[01:20:06]
BUT THEY MIGHT WANT YOU TO TURN ON THE MICROPHONE.I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 0 6 5 AN APPLICATION OF DANIEL MILOVICH, WHERE VARIANCE TO THE SOUTH SIDE OF THE SUBJECT PROPERTY GRANT THE ONE FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODES AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED THERE.
SECOND S SECOND COMMENT, MS. WILLIAMS, MS. P*****K AYE.
AT THIS POINT, THANK YOU EVERYBODY FOR, FOR BEING HERE AND IT'S, UH, 2:37 PM BOARD OF ADJUSTMENT PANEL IS ADJOURNED.