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GOOD

[00:00:01]

AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT.

[Board of Adjustments: Panel A on May 21, 2024.]

UM, I AM DAVE NEWMAN.

I'M HONORED TO SERVE AS THE CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF ITS PANEL A.

TODAY IS TUESDAY, MAY 21ST, 2024 WITH THE TIME OF 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.

A QUORUM IS PRESENT, FIVE OF FIVE MEMBERS OF THE PANEL AND THEREFORE WE WILL PROCEED WITH A MEETING.

UM, PLEASE ALLOW ME TO INTRODUCE THE MEMBERS OF THE BOARD OF ADJUSTMENT TODAY, MYSELF.

AGAIN, DAVE NEWMAN.

I'M CHAIRMAN OF THE FULL BOARD AND PRESIDING OFFICER OF THIS PANEL.

A TO MY IMMEDIATE LEFT, KATHLEEN DAVIS TO THE NEXT RACHEL HAYDEN.

NEXT JANERY.

AND LAST PHIL SAUK, OUR STAFF THAT IS PRESENT FOR THE HEARING.

TO MY IMMEDIATE RIGHT IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY MATT SAPP, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, DR.

KAMIKA MILLER.

HOSKINS.

OKAY, SHE'S HERE.

WELL, WE'LL, WE'LL ADDRESS HER IN A MINUTE.

BRYANT THOMPSON, SENIOR PLANNER.

AND NORA CASTA, OUR SENIOR PLANS EXAMINER.

WE HAVE TWO OTHER PEOPLE JOINING US.

OOP.

UM, AND DAVID NEVAREZ, OUR TRAFFIC ENGINEER.

RAISE YOUR HAND, DAVID.

THANK YOU.

VERY GOOD.

AND LAST, BUT CERTAINLY NOT LEAST, OUR BOARD SECRETARY MARY WILLIAMS. MARY, RAISE YOUR HAND.

THANK YOU.

THERE SHE IS.

OKAY.

AS I'VE MENTIONED BEFORE, UM, ANYONE IN THE CHAMBER TODAY THAT WISHES TO SPEAK NEEDS TO FILL OUT A BLUE SHEET OF PAPER AND, UH, THAT IS EITHER FOR OUR PUBLIC TESTIMONY, WHICH WILL HAPPEN NEXT OR FOR A TESTIMONY.

FOR ANY ONE OF THE CASES THAT WE'RE GONNA HEAR TODAY, PLEASE FILL OUT A BLUE SHEET OF PAPER.

ALRIGHT.

UM, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.

MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.

WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.

WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.

NO ACTION OR DECISION ON A CASE SETS A PRECEDENT PRECEDENT.

EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE ILLEGAL USE.

WE'VE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THIS HEARING THIS MORNING AT OUR 10 O'CLOCK PRE BRIEFING, AND ALSO HAVE REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED ON OUR WEBSITE SEVEN DAYS PRIOR TO THE PUBLIC HEARING.

ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY CASES THAT WE'LL HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD.

SECRETARY MARY, RAISE YOUR HAND.

THANK YOU.

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 EXCEPTION OR REVERSAL OF A BUILDING OFFICIAL DECISION REQUIRES 75%.

THIS IS BY STATE STATUTE OR FOUR OF THE FIVE MEMBERS.

THAT MEANS TO WIN A CASE, YOU HAVE TO HAVE FOUR AFFIRMATIVE VOTES OF THE FIVE MEMBER PANEL.

THAT'S BY STATE STATUTE.

ALL THEIR 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 PART OF THE PUBLIC RECORD.

ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.

THAT'S THAT BLUE SHEET OF PAPER THAT'S AT THE TABLE HERE AND YOU GIVE THAT TO OUR BOARD SECRETARY.

EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY, WHICH IS THREE MINUTES PER PERSON OR WHEN THE CASE IS CALLED FOR PUBLIC HEARING, WHICH IS MAXIMUM FIVE MINUTES.

ALL REGISTERED ONLINE SPEAKERS, IF THERE ARE ANY MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.

NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.

ALL COMMENTS WILL BE DIRECTED TO THE PRESIDING OFFICER THAT IS ME, WHO MAY MODIFY SPEAKING TIMES AS IS NECESSARY TO MAINTAIN ORDER.

THOSE ARE THE PREPARED REMARKS FOR TODAY'S HEARING.

ONE SECOND.

OKAY.

UH, I'M GONNA PREVIEW OUR AGENDA FOR THE BOARD AND THE PUBLIC AND THEN WE'LL GO TO, UM, PUBLIC TESTIMONY.

UM, WE HAD OUR PUBLIC HEARING, OUR BRIEFING THIS MORNING AT 10:00 AM OUR PUBLIC HEARING BEGAN AT 1:00 PM THIS AFTERNOON.

WE'LL BE GOING TO PUBLIC TESTIMONY NEXT AND THEN WE GO INTO OUR CASES.

WE ORIGINALLY ON OUR AGENDA HAD SEVEN CASES, FIVE UNCONTESTED AND TWO INDIVIDUAL CASES.

AT THE END OF THE BRIEFING THIS MORNING.

UM, THE BOARD CHOSE TO MOVE TWO CASES TO THE INDIVIDUAL ITEMS. THAT'S 31 39 MCDERMOTT AVENUE WILL BE HEARD SEPARATELY.

AND 3 6 0 1 WEST LAU DRIVE WILL BE HEARD ALSO SEPARATELY.

THREE CASES WERE DEEMED BY THE BOARD THIS MORNING TO STAY IN THE UNCONTESTED DOCKET AND THEREFORE WILL NOT BE HEARD, BUT WILL BE SUBJECT TO A, A BOARD VOTE.

82 0 6 INWOOD 57 17, WALL HILL AND 1931 DAN U.

THOSE THREE WILL NOT REQUIRE A TESTIMONY, UM, BECAUSE THEY'RE, AT LEAST THAT'S THE INDICATION FROM THE BOARD.

QUESTIONS FROM THE BOARD PANEL REGARDING THE PREVIEW FOR OUR AGENDA.

THOSE ARE THE ONLY SEVEN

[00:05:01]

CASES THAT WE ARE SCHEDULED TO HEAR TODAY.

NEXT ORDER OF BUSINESS.

SO NOT HEARING NONE, I'LL GO MOVE ON ON OUR AGENDA.

OKAY.

NEXT ORDER OF BUSINESS IS OUR PUBLIC TESTIMONY.

MS. BOARD SECRETARY, DO WE HAVE ANYONE REGISTERED TO GIVE PUBLIC TESTIMONY? NO ONE'S UH, SIGNED UP FOR PUBLIC TESTIMONY, SIR.

OKAY, WE'RE GONNA DO THAT NEXT.

OKAY.

PUBLIC TESTIMONY.

ALL RIGHT.

SO THERE ARE NO PUBLIC TESTIMONY.

THANK YOU.

ALRIGHT, HEARING NONE.

WE'LL MOVE ON TO THE AGENDA.

THE FIRST ITEM, THE AGENDA IS OUR MEETING MINUTES FROM APRIL 16TH, UH, 2024.

QUESTIONS THE CHAIR WOULD ENTERTAIN A MOTION.

MS. HAYDEN, SINCE YOU BROUGHT THAT UP.

, UM, I WOULD MAKE A MOTION TO APPROVE THE PANEL.

A, A A MEETING MINUTES FROM APRIL 16TH, 2024.

IT'S BEEN MOVED BY MS. HAYDEN.

IS THERE A SECOND? SECOND.

SECOND BY MR. MARY.

DISCUSSION ON THE MOTION HEARING NOTED.

DISCUSSION IN THE MOTION.

ALL IN FAVOR OF APPROVING OF OUR PANEL.

A MEETING MINUTES FROM APRIL 16TH PLEASE SAY AYE.

AYE.

AYE.

THOSE OPPOSED? UM, MEETING MINUTES ARE APPROVED.

FIVE TO ZERO.

THANK YOU.

NEXT ITEM IN THE AGENDA, WE GO TO OUR CASES.

AS I MENTIONED BEFORE IN THE PREVIEW, UH, WE HAVE SEVEN CASES ON THE DOCKET TODAY.

UM, THREE OF THEM WERE, UM, PREVIEWED THAT THEY WOULD BE PULLED AND, AND CAN BE CONSIDERED FOR UNCONTESTED DOCKET.

THE CHAIR WOULD ENTERTAIN A MOTION.

MR. THANK YOU MR. CHAIRMAN.

I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS, EXCUSE ME, LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY IN ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WE BDA 2 34 DASH 0 56 APPLICATION OF ROB BALDWIN FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT STANDARDS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

UH, COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED ARE REQUIRED.

BDA 2 3 4 DASH 0 5 8 APPLICATION OF DAN FOSTER FOR A SPECIAL EXCEPTION TO THE FENCE STANDARDS AND THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

BDA 2 3 4 DASH 0 6 1 APPLICATION OF RICARDO ALONSO FOR A VARIANCE TO THIS FRONT YARD SETBACK REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

ALRIGHT.

WOULD YOU HOLD ONE SECOND BEFORE I ASK FOR A SECOND AND OR I ACKNOW BEFORE I ACKNOWLEDGE YOUR MOTION? I THINK WE MAY HAVE A TYPO.

SO IF YOU JUST HOLD ONE SECOND.

OUR BOARD ATTORNEYS DOUBLE CHECKING SOME PAPERWORK.

MR. FOSTER? YES.

MR. UH, MR. NARY, UH, WITH YOUR INDULGENCE, I'D LIKE YOU TO MODIFY YOUR MOTION ON 2 3 4 0 5 8 TO SAY APPLICATION OF MEGAN RATCLIFFE.

YEAH.

YES.

THANK YOU MR. CHAIRMAN.

I DO SEE THE VARIANCE THERE.

SO, UM, I DO MOVE FOR APPROVAL OF BDA 2 3 4 DASH FIVE EIGHT BASED ON THE APPLICATION OF MEGAN RATCLIFFE.

OKAY.

NOT DAN FOSTER.

THANK YOU.

MM-HMM, .

SO I WILL CONSIDER THAT A MODIFICATION OF YOUR ORIGINAL MOTION.

IS THERE A SECOND TO THE MOTION? I'LL SECOND IT.

MR. SAIK SECOND TO THE MOTION.

A MOTION IS ON THE FLOOR TO GRANT, UH, 2 3 4 0 5 6 2 3 4 0 5 8 2 3 4 0 6 1, UH, MODIFIED UH, AND SECONDED FOR THE CONSENT, UH, THE UNCONTESTED DOCKET, UH, DISCUSSION ON THE MOTION.

THIS WILL, WE NOW WILL GO TO RECORDED VOTES FOR THE BALANCE OF TODAY.

UM, BOARD SECRETARY WILL CALL FOR THE VOTE.

MS. HAYDEN AYE.

MS. DAVIS? AYE.

MR. N AYE.

MR. SAHU? AYE.

MR. CHAIR? YES.

MOTION PASSES.

FIVE TO ZERO.

UH, 2 3 4 0 5 6 2 3 4 0 5 8 2 3 0 6 1 HAVE ALL BEEN APPROVED UNANIMOUSLY ON A FIVE TO ZERO VOTE.

THANK YOU VERY MUCH.

YOU'LL BE NOTIFIED BY OUR BOARD ADMINISTRATOR ON THOSE THREE CASES.

THANK YOU.

[00:10:05]

VERY GOOD.

ALRIGHT, SO WE HAVE THAT'S THREE CASES.

SO WE NOW HAVE FOUR REMAINING CASES TO BE HEARD TODAY.

THE NEXT CASE, UH, TO BE HEARD BY THE BOARD IS 2 3 4 0 5 3 2 3 4 0 5 3.

THIS IS AT 3 1 3 9 MC MCDERMOTT AVENUE IS THE APPLICANT HERE.

PLEASE COME FORWARD.

GOOD AFTERNOON.

GOOD AFTERNOON.

VERY GOOD.

ALRIGHT, SO OUR BOARD SECRETARY WILL SWEAR YOU IN AND IF YOU SWEAR AFTER SHE SWEARS YOU IN, YOU HAVE FIVE MINUTES PLUS OR MINUS OUR RULES.

STATE FIVE MINUTES PLUS.

ANYONE ELSE TO SPEAK? FIVE MINUTES AND THEN A FIVE MINUTE REBUTTAL.

SO I'LL GIVE YOU PLENTY OF TIME TO BE ABLE TO SPEAK TO THE, THE CASE BEFORE US AND ANSWER QUESTIONS.

SO WE'LL GO WITH A SWEARING IN FIRST.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.

OKAY.

JUST LEAVE IT ON.

JUST LEAVE IT ON.

YES.

OKAY.

PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.

MY NAME IS CHRISTINA PAGE AND THE ADDRESS WE'RE DOING IS 31 39 MCDERMOTT AVENUE.

VERY GOOD.

UH, BEFORE I HAVE YOU PROCEED, UH, MS. WILLIAMS, DO WE HAVE ANY OTHER SPEAKERS FOR 2 3 4 0 5 3? NO, THE SPEAKERS REGISTERED, SIR.

OKAY, VERY GOOD.

OKAY.

CHRISTINA PAGE? YES.

VERY GOOD.

YOU MAY PROCEED.

31 39 MCDERMOTT AVENUE.

LOT SIZE IS 25 BY 100.

THE OTHER LOTS, UM, IN THE AREA ARE MOSTLY 30 TO 33 BY 100.

UM, THIS LOT IS PART OF LOT 18, WHICH PREVIOUSLY HAD A HOUSE ON IT.

THE OTHER PART IS THE HOUSE THAT YOU SAW IN THE VIDEO THAT'S IN THE BLUE.

THIS WAS A CITY DIVIDED LOT.

THIS WAS NOT A, A, UM, ORIGINAL PLATTED LOT.

IT WAS A CITY DIVIDED LOT.

AND THE REASON THAT WE NEED THE VARIANCE HELP IS BECAUSE AT 25 BY A HUNDRED, I MEAN IT'S JUST NO WAY TO PUT A HOUSE THERE AND GIVE THE PEOPLE, YOU KNOW, EVERYTHING THAT THE A HOME NEEDS FOR A FAMILY TO LIVE IN THERE.

UM, WE ALSO OWN LOT 19, WHICH IS THE LOT TO THE, IF YOU WERE FACING THE PROPERTY, IT WOULD BE TO THE RIGHT OF IT.

THAT'S 33 BY A HUNDRED.

AND, UM, THE LOTS IN THE BACK, ALL OF THE NEW BILLS THAT YOU SAW BUILT IN THE BACK WERE OBVIOUSLY PREVIOUSLY OURS TOO, BEFORE THEY WERE SOLD.

UM, AND THOSE DID NOT NEED HELP BECAUSE THOSE LOTS WERE 30 AND 33 BY 100.

THIS IS YOUR TIME AND WE'LL COME BACK WITH QUESTIONS.

OH, OKAY.

, BUT THIS IS YOUR UNOBSTRUCTED TIME.

UM, I'M, I I'M NOT TELLING YOU TO SAY MORE OR SAY LESS.

I'M JUST, I WANT TO GIVE YOU FREE REIGN AT LEAST FIVE MINUTES.

OKAY.

UM, MY ROLE IN THIS IS I WAS BROUGHT DOWN BY THE CLIENT, UM, THE LACER TO TELL THEM WHERE THE APPROPRIATE BILL AREA WAS AND TO TELL THEM HOW NOT TO DISTURB THE NEIGHBORHOOD.

IF YOU NOTICE THE LOT THE HOUSES IN THE BACK WERE ALL THREE STORIES.

UM, IT WAS NOT RECOMMENDED BY ME TO BUILD A THREE STORY NEXT TO THE HOMES IN BETWEEN 'CAUSE THE LOTS ARE SO CLOSE.

UM, BECAUSE THOSE HOMES ARE ONLY ONE STORY.

SO THAT WOULD, YOU KNOW, KIND OF IMPEDE ON THE NEIGHBORS WITH THE THREE STORY BEING THERE.

SO THE ONLY WAY TO PROPERLY DO THAT IS TO GIVE THE VARIANCE, UM, SO THAT A TWO STORY CAN GO THERE.

AND THEN THE, THE LOT NEXT TO IT, WHICH IS LOT 19, WHICH HE ALSO OWNS.

UM, THAT WOULD HAVE A 7.5 SETBACK ON THE SIDE THAT WE, WE ASK FOR THE VARIANCE IN.

AND THAT'S SO THAT THE HOUSES WON'T LOOK SO CLOSE TOGETHER.

UM, I THINK THAT'S IT.

OKAY.

THANK YOU VERY MUCH.

WE'RE GONNA HAVE QUESTIONS NOW.

SO I'LL START OFF WITH QUESTIONS.

MM-HMM? .

ALRIGHT.

YOU SAID YOUR, YOUR LOT, THE WHAT'S BEFORE US TODAY IS 25 BY 100.

YES SIR.

YOU SAID THAT THE, THAT THE LOT NEXT DOOR TO YOU, I GUESS TO THE NORTH OF YOU TOWARDS THE DART LINE.

THAT'S WHAT I'M GONNA SAY IS LOT 18.

THAT ONE IS YOU OWN ALSO.

IT'S LOT 19.

LOT 19.

OKAY.

THEY OWN IT ALSO.

AND, AND IT'S 33 BY THAT ONE'S 33 BY 100? YES SIR.

OKAY.

AND YOU'RE SAYING THAT MOST OF THE LOTS IN THE NEIGHBORHOOD OR ALL OF THEM ARE 33 BY A HUNDRED? 100? IT'S, IT VARIES BETWEEN 30.

LIKE EVEN THE GUY WHO CONTESTED HIS LOT IS 30 BY 100.

SO IT WOULD'VE NEEDED A VARIANCE WHEN BRAYLIN BUILT THAT LOT.

HE BUILT THAT HOUSE TOO.

THE GUY WHO CONTESTED, WE BUILT THAT.

SO YOU'RE TALKING ABOUT THE PERSON THAT, THE ONE PERSON THAT MM-HMM, 14.

YEAH.

BY 14.

AND, AND WE RESPECT AND HOPEFULLY YOU YES.

EVERYONE HAS A RIGHT A PROPERTY AND THIS IS THE PUBLIC HEARING PROCESS.

SO THERE'S NO DISPARAGEMENT OF ANYONE.

RIGHT.

EVERYONE HAS THE RIGHT TO SPEAK UP.

THAT'S

[00:15:01]

WHY IF YOU SAW THIS MORNING, WE WANTED TO SEE WHERE THE, THE PERSON THAT OPPOSED IT LIVED AND WHAT, WHAT THEY, WHAT THEIR CIRCUMSTANCES WERE.

RIGHT.

THAT'S, WE DON'T KNOW WHETHER THEY HAD A BOARD OF ADJUSTMENT ACTION OR NOT.

THAT'S NOT RELEVANT.

MM-HMM.

BUT NOT DIRECTLY RELEVANT.

IT'S NEIGHBORHOOD RELEVANT.

RIGHT.

BUT IT'S NOT DIRECTLY RELEVANT.

OKAY.

UH, YOU SAID IT WAS A CITY DIVIDED LOT, RIGHT? I DON'T UNDERSTAND THAT BECAUSE THE PLANNING COMMISSION PLOTS A PLATS LAND.

HOW IS IT? YOU MEAN THE CITY DIVIDED IT? OKAY.

THE, THE LOT IS BOTH LOTS ARE LOT 18.

SO THE BLUE HOUSE YOU SAW IS LOT 18 AND OUR LOT IS 18.

IT'S LIKE THE EAST WEST OR I DON'T KNOW WHAT DIRECTION THE LOTS ARE FACING, BUT WE OWN HALF OF LOT 18 AND WE OWN THE RIGHT HALF IF YOU'RE STANDING IN FRONT OF IT.

ORIGINALLY A HOME WAS ON THE RIGHT HALF.

I DON'T KNOW WHEN THEY BUILT IT, 1950, WHATEVER.

SO BACK THEN, I DON'T THINK THE RULES WERE THAT YOU HAD TO ACTUALLY OWN THE WHOLE PLAT.

YOU COULD JUST PUT YOUR HOUSE WHEREVER YOU WANT TO PUT IT.

UM, AND I THINK THE RULES STATE THAT IF A HOUSE WAS PREVIOUS THIRD, THEN THAT CONSIDERS A BUILDABLE SITE.

SO SINCE THE HOUSE WAS PREVIOUSLY THERE, IT'S A BUILDABLE SITE, BUT IT'S NOT CURRENTLY BUILDABLE WITH CERTAIN STANDARDS THAT WE HAVE TODAY.

OKAY.

UM, ALRIGHT, THAT'S MY QUESTIONS FOR NOW.

WHAT OTHER QUESTIONS DO WE HAVE, MS. HAYDEN? SO OUT, OUT OF CURIOSITY, I KNOW YOU, YOU REQUESTED THE VARIANCE OF FIVE FEET JUST ON THE ONE SIDE OF THE PROPERTY.

WHY DID YOU DO THAT? INSTEAD OF DOING MAYBE TWO AND A HALF FEET ON EACH SIDE, UM, SO THAT THERE'S AT LEAST SOME SPACE BETWEEN THE HOUSE AND THE PROPERTY LINE THAT WAS, THAT WAS RECOMMENDED TO, BUT THEN WITH THE ARCHITECT CAME BACK AND SAID, WITH TWO AND A HALF FEET YOU COULDN'T EVEN WALK DOWN THE SIDE OF THE PROPERTY.

SO IF YOU WERE MOWING OR DOING ANYTHING DOWN THE SIDE OF THAT PROPERTY, IT WOULD, I MEAN, IT WOULD NOT BE ENOUGH SPACE TO GET A BULLDOZER IF YOU WANTED TO ADD SOMETHING IN THE BACK.

SO THE OPTION WAS SINCE WE ON LOT 19, GO TO OUR SIDE AND THEN MAKE THE ADJUSTMENTS ON THE OTHER SIDE SO THAT THEY WOULDN'T BE SO CLOSE TO, UM, THIS, THIS PROPERTY LINE.

DID THAT ANSWER YOUR QUESTION, MS. HAYDEN? MS. DAVIS, DID YOU GO BACK TO THE ARCHITECT TO ASK FOR A PLAN THAT WAS COMPLIANT SO THAT YOU WOULDN'T HAVE TO COME IN FRONT OF THE BOARD? THAT WAS, YES, I DID ASK FOR THAT, BUT IT WAS JUST, IT WAS JUST NO POSSIBLE WAY, UM, TO, TO GIVE THEM EVERYTHING, UM, IN THE HOUSE.

LIKE WE DID TAKE THE FIVE FEET OFF, BUT THEN THE HOUSE WAS SO NARROW THAT IT WAS NOT EVEN A, A SELLABLE SITE AT THE END OF THE DAY.

YOU JUST COULDN'T, YOU COULDN'T, YOU COULDN'T, IT WAS JUST GONNA BE MAYBE LIKE A MATCHBOX.

IT WAS, IT WAS JUST GONNA BE LIKE A STRAIGHT LINE 'CAUSE IT'S FIVE FEET AND THAT MAKES A DIFFERENCE IN THE ROOM SIZE, THE BEDROOM SIZE.

I MEAN, IT JUST WASN'T NOTHING THAT YOU COULD EVEN, YOU KNOW, PUT THERE.

SO IT WOULD JUST BE ANOTHER EMPTY LOT.

WELL, WHAT IS THE, WHAT IS, AND I, I KNOW I'VE GOT A DIAGRAM, BUT I DON'T RECALL.

WHAT IS THE WIDTH OF THE HOUSE CURRENTLY? UM, THE, THE CURRENT HOUSE THAT'S PROPOSED? THE, THE NO, THE, THE NO, THE PROPOSED HOUSE.

WHAT IS THAT? THAT PROPOSED WIDTH? LET, LET ME LEMME PULL IT UP.

SO I'M GUESSING IT'S AROUND 15 FEET SINCE YOU ONLY HAVE FIVE FEET ON THE ONE.

THE WAIT IS THE LOT SIDE.

THE LOT IS, IT'S 25.

SO IT'S 25.

OKAY.

SO IT'S 20 FEET.

I THINK IT'S 20 FEET.

LET ME MAKE SURE.

'CAUSE IT WANT TO FIVE YEAH, IT'S 20 FEET.

SO YOU CAN STILL GET A DECENT ROOM WITH A WIDTH OF 20 FEET.

THE, THE ARCHITECT DIDN'T GIVE YOU ANY DESIGNS WHATSOEVER TO BE COMPLIANT? NOT, NOT WITH THE 20, WITH THE 20 FEET.

BECAUSE IF YOU HAVE A GARAGE, I MEAN THOSE HOUSES, I MEAN, NEED SOME TYPE OF GARAGE OVER THERE SO THAT WE CAN LIMIT, I MEAN THE ACCESS TO OFF THE, ALL THE, UM, ON STREET PARKING.

MM-HMM.

.

SO WITH, TO PUT A GARAGE, I THINK THE CITY REQUIRES ME TO EVEN HAVE A DOOR.

IT'S 18 FEET.

SO I MEAN, IF YOU HAVE, HOW YOU GONNA HAVE A HALLWAY AND A DOOR? I MEAN, WITH TWO FEET OF DOORWAY AND HALLWAY, YOU COULD DO A, I MEAN IS THERE A A POSSIBILITY OF DOING A GARAGE IN THE BACK? NO, IT'S, IT'S BACK TO ANOTHER LOT.

OR YOU JUST HAVE TO DO IT IN THE FRONT THEN.

OKAY.

OKAY.

UH, THANK YOU MS. HAYDEN.

JUST FOR THE PUBLIC RECORD, WE DO HAVE ONE PERSON WHO HAS, WHO'S ONLINE IS GONNA SPEAK IN OPPOSITION.

SO WHEN WE FINISH WITH THIS QUESTION AND ANSWER WITH THE APPLICANT, WE'LL GO TO THAT SPEAKER AND THEN YOU HAVE THE A FIVE MINUTE REBUTTAL.

RIGHT.

SO, OKAY.

I JUST, JUST CLARIFYING THAT.

ALL RIGHT.

SO WE'RE GONNA CONTINUE WITH DISCUSSION BETWEEN THE BOARD AND THE APPLICANT, MS. HAYDEN.

OKAY.

I AM JUST TRYING TO MAKE SURE I HAVE THE DIMENSIONS RIGHT, BECAUSE ONE OF THE STANDARDS WE HAVE TO LOOK AT IS WHETHER YOU CAN ACTUALLY BUILD SOMETHING ON THE SITE.

SO KIND OF IN, IN LINE, IN LINE WITH, WITH UM, MS. DAVIS'S QUESTION.

IF YOU DO, IF YOU DO PUT, HAVE, HAVE TO COMPLY WITH A FIVE FOOT SETBACK ON THE RIGHT AND A SITE FIVE FOOT SETBACK ON THE LEFT, THEN YOU'RE LEFT WITH 15 FEET TO BUILD IN.

RIGHT.

AND THEN BECAUSE

[00:20:01]

IT'S 25 FEET MINUS FIVE FEET ON THE LEFT, FIVE FEET ON THE RIGHT, YOU HAVE 15 FEET TO BUILD IN AND THAT'S TO THE OUTSIDE OF THE HOUSE.

SO THEN YOU HAVE WALL THICKNESS, ET CETERA.

SO YOU'RE LOOKING AT PROBABLY 13 FEET MAYBE OF ROOM WIDTH THROUGHOUT THE LENGTH OF THE HOUSE.

SOMETHING LIKE THAT.

GIVE OR TAKE PROBABLY.

YEAH.

OKAY.

THAT'S, THAT'S OTHER QUESTION.

ALRIGHT, SO JUST FOR CLARITY, I'M LOOKING AT WHAT YOU HAD SUBMITTED THAT THIS IS IN OUR PUBLIC RECORD PACKET AND IT, WHAT IT, I'M, I'M REPEATING SO THAT I UNDERSTAND AND THEN YOU CONFIRM, IT SHOWS THE DIAGRAM AND THE DIAGRAM UH, SHOWS THE YELLOW PORTION, WHICH IS THE, THE PORTION THAT YOU'RE ASKING FOR.

AND IT SHOWS LOT 17 TO THE RIGHT LOT 18 IS YOURS.

CORRECT? YOU'RE IN LOT 18, RIGHT? LOT 17 IS EMPTY OR IS THERE A HOUSE IN IT? I DON'T KNOW ABOUT LOT 17.

ALL I KNOW IS THAT WELL, IT'S RIGHT NEXT TO YOURS.

NO.

LOT 18.

THE OTHER HALF OF LOT 18 IS RIGHT NEXT TO US, NOT ACCORDING TO WHAT YOU SUBMITTED.

OKAY.

ON THE DOCUMENT.

OKAY.

I'M, I'LL BE GENTLE ON THE DOCUMENT YOU SUBMITTED, IT SHOWS, AND THIS IS PAGE 38 OF OUR DOCKET.

IT SHOWS THE LOT THAT 18 AND THAT SHOWS 17.

AND IT'S GOT YELLOW, A YELLOW HASH MARK ON IT, WHICH I PRESUME IS THE FIVE FOOT THAT WE'RE ASK THAT YOU'RE ASKING FOR.

AM I CORRECT INCORRECT UHHUH? I DON'T, HOLD ON, LET ME, LET ME PULL IT UP 'CAUSE IT MIGHT BE A MISTAKE.

MISTAKE, BUT I KNOW WE OWN HALF OF THE LOT.

38.

SO HOLD ON ONE SECOND.

MY STAFF IS GONNA FURTHER DIRECT ME.

SO HOLD ON ONE SEC.

I'M GONNA, I'M GONNA MAKE SURE THEY CLARIFY WHAT I'M TRYING TO ASK.

I'M TRYING TO ZERO IN ON THE ADJACENCY OF THE LOT.

NEXT DOOR TO YOU.

KIND OF GOES WITH A LITTLE BIT OF THE QUESTION FROM MS. HAYDEN AND MS. DAVIS ABOUT THAT.

OKAY.

SO DO YOU SEE PAGE, I'M ON PAGE 38 AND I'M LOOKING AT THIS DIAGRAM TRYING TO UNDERSTAND, THESE ARE ALL PUBLIC DOCUMENTS.

THERE'S NOTHING, NOTHING SECRET HERE.

IT LOOKS LIKE TO THE NORTH, WHICH IS AGAIN TOWARDS THE DART LINE IS LOT 17, RIGHT? AM I CORRECT? AND SO MY QUESTION IS, IS THE LOT THAT IS DIRECTLY TO THE NORTH OR JA MORE ADJACENT TO THE, IS THAT AN EMPTY LOT? IS THAT THE 33 BY 100? THE 33 BY 100 IS LOT 19.

WHICH IS, IS THERE A HOUSE ON IT? NO, THAT'S THE WHAT YOU SAW WHEN YOU SAID HALF OF THAT LOT MAYBE BE DIVIDED DOWN THE MIDDLE WHEN YOU SAW THAT BIG SPOT.

OH, HOLD ON.

SO I'M CONFUSED THEN BECAUSE YES, THAT'S THE ONE I'M LOOKING AT.

ARE THEY TRYING TO PULL UP? I DON'T KNOW.

I THINK THEY ARE.

SO COULD YOU PULL UP SLIDE 38 GUYS PUT ON THE SCREEN? 38? YES.

PAGE 38.

WELL WHAT I'M TRYING TO DO IS GET I SEE WHAT YOU'RE SAYING.

OKAY, SO WHAT I'M TRYING TO DO IS VERY, I WANNA SEE WHAT THE APPLICANT SUBMITTED AS IT RELATES TO HER PROPERTY VERSUS THE ADJACENCY.

THIS GOES TO MS. HAYDEN'S COMMENT ABOUT FIVE FEET, FIVE FEET, WHAT'S LEFT AND THEN TO MS. MS. DAVIS'S QUESTION OF THAT'S, THAT'S THE SLIDE UP.

ALRIGHT, SO THIS IS A SLIDE THAT YOU PROVIDED THE STAFF.

OKAY, CAN YOU GUYS MAKE THIS BIGGER SO WE CAN SEE THE FRONT OF IT? OOPS, IT WENT AWAY.

SEE THE LOT 17, LOT 18.

OKAY.

YES, THANK YOU.

THERE.

RIGHT THERE.

RIGHT.

SO THAT'S THE STREET MCDERMOTT? YES.

NOW GO UP.

THAT'S THE PROPOSED AND LOT 18.06 ACRES IS YOURS? YES.

LOT 18 IS MINE.

YES.

OKAY, SO THE LOT TO THE RIGHT IS IS OUR 17, THAT'S OUR IS THAT AN EMPTY LOT OR IS THERE YES, THAT'S EMPTY.

THAT'S LOT SEVEN A MINUTE AGO YOU SAID THERE WASN'T.

YES.

SO I'M GONNA ASK AGAIN, IS LOT 17 EMPTY? YES SIR.

IT'S EMPTY.

AND IS LOT 17 YOURS ALSO? YES.

LOT 17 IS IS YOU A MINUTE AGO YOU DIDN'T, YOU SAID IT WAS THE OTHER SIDE.

NO, I SAID THAT I THOUGHT IT WAS LOT 19.

THAT'S WHAT I WAS TOLD ON THE THING I WAS TRYING TO GET MY NUMBER.

WELL THIS IS WHY I'M TRYING TO BE GENTLE BECAUSE WE ARE ALL DEALING IN FACTS HERE RIGHT.

AND WE ARE MAKING DECISIONS ABOUT LAND USE.

RIGHT.

ALRIGHT, FOR CLARITY AND STAFF, I WANT YOU TO HELP ME MAKE SURE I UNDERSTAND THIS CORRECTLY.

SO THE APPLICANT SUBMITTED THIS DRAWING, THIS ARCHITECTURAL DEAL AND LOT 18 IS THERE, TELL ME WHAT THE YELLOW HASH COLORED REPRESENTS.

WHAT IS THAT? IS THAT, WHAT DOES THAT REPRESENT? THAT'S ON THE RECORD, PLEASE.

ON THE RECORD, THIS APPEARS TO BE THE FIVE, UM, THE FIVE FOOT SETBACK THAT THEY'RE REQUESTING.

OKAY.

SO THAT'S ADJACENT TO THE LOT TO THE NORTH OF YOU.

LOT 17 RIGHT.

WHICH IS EMPTY.

RIGHT.

OKAY.

AND THAT LOT 17 YOU SAID HAS 33 BY 100.

IT'S 33 BY 100 WHERE YOURS IS 25 BY 100.

[00:25:01]

RIGHT.

OKAY.

I'M JUST TRYING TO ABSORB THAT FOR, FOR THE BOARD.

ALRIGHT, THANK YOU FOR CLARITY ON THAT.

UM, THIS JUST GIVES ME PAUSE GUYS.

OKAY, SO MS. HAYDEN, OKAY, I'M, I'M, I'M WITH YOU NOW ON THE LOT NUMBERS BECAUSE I'M REALLY CONFUSED.

'CAUSE ON PAGE 29 ON THAT, THOSE ARE TAX RECORDS.

UM, ON PAGE 29 OF OUR DOC, OUR DOCKET YES.

OUR PACKAGE, UM, THAT'S NOT CONSIDERED LOT NUMBERS.

THAT'S JUST THE LISTING AGAINST DCA.

OH OKAY.

THAT CORRECT.

SO BECAUSE THOSE NUMBERS DON'T MATCH, I KNOW WHAT WAS SHOWN ON HERE.

I KNOW.

HOLD THAT THOUGHT.

OKAY.

THAT'S WHAT I ORIGINALLY THOUGHT TOO.

OKAY, MS. UH, BOARD ADMINISTRATOR ON OUR PAGE 29 FOR THE NOTIFICATION THAT NUMERICAL IS NOT REFERENCING THE PLATTED LOT NUMBERS, CORRECT? CORRECT.

THAT'S JUST THE LISTING AGAINST DCA? CORRECT.

OKAY.

SO WHAT I'M TRYING TO DO IS GO AGAINST THE, WHAT THE APPLICANT SUBMITTED ON PAGE 38 THAT REFERENCES HER LOT, WHICH IS 18 AND THE LOT NEXT TO IT'S 17.

THAT'S I THINK WAS WHAT IS RELEVANT IN FRONT OF US TODAY BECAUSE WHAT THE APPLICANT IS ASKING FOR IS A ZERO LOT LINE BILLABLE TO THE LOT RIGHT NEXT TO HER.

THIS IS, I'M TALKING TO THE BOARD BUT TALKING TO YOU AND WHAT WE HAVE TO BE AWARE OF IS WE GIVE LAND USE RIGHTS TO THE LAND, NOT THE OWNER OR THE USER.

.

WHAT OTHER QUESTIONS DO WE HAVE? MR. SAUK? UH, YES.

UM, WHO OWNS UH, LOT 19 UH, TO WHICH THE OTHER SIDE, WHICH IS THE OTHER SIDE WHICH IS LOT 18 AS FAR AS PLA IT'S THE OTHER HALF OF LOT 18.

WELL YOU'RE, YOU'RE BUILDING ON LOT 18 NOW.

I'M BUILDING ON HALF OF LOT 18.

THE OTHER HALF IS SOMEBODY ELSE THAT BLUE HOUSE THAT Y'ALL SAW.

OKAY.

AND THAT IS AS NARROW AS YOUR LOT? YES.

OKAY, BUT YOU DON'T OWN THAT ONE? NO, I DO NOT OWN THAT ONE.

THAT'S WHY WE CHOSE TO GO WITH THE ZERO LINE ON THE SIDE THAT WE OWN THE OTHER LOT SO WE CAN MAKE THE ADJUSTMENTS ON THAT LOT.

AND WHAT ARE THE, WHAT ARE THE PLANS FOR LOT 17? LOT 17 IS GONNA BE THE SAME HOUSE, BUT WE CAN MAKE THE ADJUSTMENT BECAUSE IT'S 33 BY 100.

SO WE CAN MAKE THE ADJUSTMENT TO MAKING IT 7.5 ON THAT SIDE THAT WE'RE ASKING A ZERO LINE SETBACK, WHICH GIVES AS MUCH SPACE AS POSSIBLE.

UM, 'CAUSE IT WOULD BE 10.

SO 7.5 WE'RE TRYING TO GET AS CLOSE, UM, SO WE CAN MAKE THE ADJUST.

SO IT'S GONNA BE THE SAME HOUSE BUT YOU'LL HAVE A LITTLE MORE SPACE.

WELL IT'LL HAVE A LITTLE BIT MORE SPACE TO MAKE UP FOR US COMING TO THE PROPERTY LINE ON THIS PROPERTY.

OKAY.

OKAY.

I'M GONNA GO TO MS. DAVIS, BUT I'M GONNA MAKE A COMMENT AND THIS IS NOT DISPARAGING SO DON'T TAKE THAT WAY.

WHAT SHE SAID TO YOU IS NOT A, THE APPLICANT IS NOT BIND BOUND BY TELLING YOU OR US THAT WHAT HER PLAN IS ON 17.

THE ONLY THING THAT'S BINDING TODAY IS A DECISION WE MAKE ON HER REQUEST, WHICH IS SPECIFIC TO LOT 18.

THAT'S NOT A SHOT.

THAT'S JUST UNDERSTAND, YOU KNOW, WE'RE NOT, WE'RE NOT TALKING ABOUT 17 RIGHT NOW.

THE ONLY REASON WE'RE TALKING ABOUT 17 IS JUST 'CAUSE THAT'S THE SIDE.

YOU'RE ASKING FOR THE, THE VARIANCE SIDE.

YES SIR.

MS. DAVIS.

SO FOR KNOWING THAT THIS IS NOT BINDING, BUT THE OTHER LOT THAT YOU'RE PURCHASING, YOU MENTIONED THAT YOU'RE GOING GOING TO HAVE A, A SEVEN FOOT VARIANCE, SIR, OR, OR SEVEN AND A HALF FOOT VARIANCE.

YES MA'AM.

UM, WHAT ABOUT ON THE OTHER SIDE? ARE YOU PLAYING THEM? IT'LL BE A FIVE.

IT'S, IT'S, IT'S BIG ENOUGH TO DO 7.5 AND THEN A FIVE.

AND THAT'LL BE THE SAME WITH, UH, THE HOUSE TO SET IT IN THE, THE, THE SAME HOUSE ON THAT LOT.

OKAY.

AND THAT, THAT LOT WIDTH AGAIN IS 33 3 33 AND SOMETHING.

OKAY.

IT'S LIKE IT'S A LITTLE BIT OVER 33.

OKAY, THANK YOU.

SO TO REPEAT WHAT MS. DAVIS SAID, THE LOT 17 IS 33 BY 100.

SO IF YOU, IF LOT 18 IS BUILT TO THE PROPERTY LINE, IT'S STILL RESPECTING 17.

AS LONG AS 17 DOESN'T ALSO BUILD TO THE PROPERTY LINE.

WELL WE CAN'T BUILD TO THE PROPERTY LINE 'CAUSE WE WOULD AT LEAST HAVE TO HONOR THE FILE FOR SETBACK.

AGREED.

I'M JUST ANTICIPATING THE NEXT REQUEST.

WE, WE DIDN'T REQUEST ANYTHING OF THE BACK LOT AND THEY WERE 33 AND 30 BY 100.

AGREED.

OKAY, INTERESTING.

ALRIGHT, SO ARE WE ABLE TO PULL UP A LARGER PLAT MAP STAFF? COULD WE DO THAT MR. THOMPSON? BECAUSE THIS PLAT MAP IS AWFUL SMALL FOR US TO ABSORB.

OKAY, THERE WE GO.

THANK YOU.

ALRIGHT, HELP US WALK THROUGH THIS MR. THOMPSON.

SO MC MCDERMOTT IS THIS STREET.

THE LOT THAT WE'RE REFERRING TO FOR THIS PARTICULAR CASE IS THE 25 FEET HERE.

THE LOT THAT THE APPLICANT IS REFERRING TO AS THE ADDITIONAL LOT, UH, IN

[00:30:01]

QUESTION WHICH WE'RE TALKING ABOUT.

THE THIRD THREE AND A HALF IS HERE.

SO HERE'S THE LARGER PICTURE THAT YOU RECEIVED.

ALL RIGHT, SO HOLD ON A SECOND.

THIS IS, WE'RE WE'RE ABSORBING.

SO THE, THIS IS A PLAT MAP AND THE STREET THAT'S GOING NORTH SOUTH IS MCDERMOTT.

IT TEES INTO TRUNK AVENUE AND WHAT WE'RE ZEROING IN, WHAT'S BEFORE US IS LOT 17, CORRECT? EXCUSE ME.

18.

RIGHT? HALF A LOT.

18.

ALRIGHT, SO PUT YOUR CURSOR ON 18 PLEASE.

RIGHT THERE.

ALRIGHT, SO 18 HAS BEEN SEPARATELY PLATTED OR DIVIDED OR WHAT'S THE TERM? UH, THIS IS A TAX PARCEL.

SO THIS IS, UH, I WENT TO THE SURVEY VAULT TO TRY TO FIND THE ACTUAL PLAT.

I COULD NOT FIND IT.

WHAT I DID FIND WAS THE TAX PARCEL.

OKAY.

AND SO THE TAX PARCEL IS AT SOME POINT IN TIME, PROBABLY IN THE TWENTIES, THIRTIES, HOW LAND WAS DIVIDED UP AND SOLD OFF BY MEEKS AND BOUNDS.

AND THIS WAS THE BEST THAT I COULD DO IN THIS SITUATION.

OKAY.

ALRIGHT.

SO, WOW.

ALRIGHT, SO I THEN I CAN'T CONCLUSIVELY SAY THESE ARE THE LOT LINES THEN A TAX PARCEL'S, NOT LOT LINES AGREE.

ALRIGHT.

I'M JUST TRYING TO BE FACTUAL.

AGREE.

YEAH.

SO I, OKAY.

AND I AND YOU CAN'T, WE CAN'T GET TO THE OTHER LARGER PLAT LAB.

YOU DON'T HAVE ACCESS TO IT NOW? I DO NOT HAVE IT HERE.

OKAY.

YES SIR.

ALRIGHT, SO BOARD MEMBERS, DID YOU GET THE INFERENCE? I SAID WE CAN'T NECESSARILY RELY ON THIS 'CAUSE IT'S A TAX PLAT, NOT A SURVEY.

MS. HAYDEN, WE'RE TALKING AMONGST YOURSELVES.

OKAY, GO AHEAD MS. HAYDEN.

IS THERE A SURVEY ON THIS PROPERTY A FAIRLY RECENT SURVEY THAT WOULD SHOW THE MEETS AND BOUNDS OF, OF THE PROPERTY AS IT'S PLATTED? IT SEEMS LIKE IF YOU BUY, SO SURVEYS ARE, ARE EVEN WORSE THAN WHAT WE'RE TALKING ABOUT HERE IN TERMS OF THE UH, TAX PARCEL.

UH, WE ACTUALLY GO BY THE COUNTY PLAT OR PERMIT.

THEY PERMIT ASK FOR THAT.

AND SO I UNDERSTAND THE REAL ESTATE WORLD USES UH, SURVEYS AS IN MEEKS AND BOUNDS.

BUT IF YOU WAS TRYING TO FIND SOMETHING THAT'S CLOSE TO MEETS AND BOUNDS THAT YOU'RE REQUESTING, IT'S WHAT YOU SEE ON THE SCREEN.

OKAY.

SO, BUT THERE IS NO PLA THEN THAT YOU CAN LOCATE IT WOULD DO SOME DIGGING AND RESEARCHING FROM THE COUNTY RECORDS BUILDING.

IT JUST WASN'T IN OUR FILE FROM OUR SURVEY VAULT.

OKAY.

OKAY, THANKS.

IS PART OF THE APPLICATION PROCESS, DO WE NOT REQUIRE SURVEY FROM APPLICANTS? ISN'T THAT ONE ON YOUR CHECKLIST? WE REQUIRED A SURVEY.

I'M SORRY, THE TAX PARCEL.

OH, TAX PARCEL.

YES SIR.

I'M S THE, WE REQUIRE THE COUNTY PLAT AGAIN, THAT'S MY POINT.

COUNTY PLAT.

YES.

AGAIN, SO WHY WOULD, WOULD, WHY WOULDN'T THE COUNTY PLAT BE IN THIS APPLICATION? BECAUSE THE CITY OF DALLAS EXPERIENCED A FIRE AND ALL RECORDS ARE NOT AVAILABLE TO US.

AND SO UNFORTUNATELY WE CAN'T STOP DEVELOPMENT JUST 'CAUSE OF THE FACT THAT EVERY RECORD IS NOT AVAILABLE TO US.

OKAY, SO THE APPLICANT THEN YOU'RE SAYING WE ACCEPTED THE APPLICATION WITHOUT THE SURVEY OR THE COUNTY PLAT AND THAT'S ACCEPTABLE.

YOU, YOU CONTROL YOUR SIDE ON WHAT, ON WHAT THE STAFF WANTS TO SAY.

SO, SO I WANNA ADD THAT WE DO HAVE, UM, I'M NOT SURE IF THIS HELPS WHAT YOU'RE LOOKING FOR, BUT WE DO HAVE A ZONING DETERMINATION LETTER FROM OUR ZONING TEAM THAT THEY, UM, PROVIDED THAT STATES, UM, THAT STATES FROM GREG FRANKLIN? YES.

OH, YOU HAVE IT? YEAH.

THE LETTER IN THE PACKET? YES.

MM-HMM THAT STATES THAT IT IS A LEGAL BUILDING SITE AND THAT A STRUCTURE HAD BEEN THERE SINCE LIKE THE 1950S.

OKAY, SO THE LETTER SAYS IT'S A LEGAL BUILDING SITE, BUT THAT DOESN'T MEAN THEY'RE SAYING THEY SHOULD OR SHOULD NOT GET THE VARIANCE BECAUSE AS SOON AS YOU CHANGE THE, THE BUILDING THAT IF YOU TAKE IN FIVE FEET, IS IT, IS IT, YOU KNOW, THAT'S WHY THEY'RE HERE.

THAT'S WHY SHE'S HERE TODAY.

BECAUSE THEY CAN'T SAY THAT UNTIL THEY CAN'T BUILD ON SOMETHING NARROW THAT WITHOUT THE BOARD OF ADJUSTMENT.

OKAY, MR. SYKE, DO YOU HAVE A QUESTION? OKAY.

ALRIGHT, WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? OUR PROCESS? HOLD ON A SECOND.

YES.

DID YOU, I WAS JUST GONNA ADD SOMETHING, COMMENT TO CLARIFY.

UM, THERE WAS A BUILDING, OH, YOU HAVE TO BE ON THE RECORD BEYOND THAT COMMENT.

MR. BOARD ATTORNEY.

THANK YOU CHAIRMAN.

I JUST WANT TO MAKE A COMMENT.

YOU HAD MENTIONED THAT THERE WAS A, A BUILDING ON, ON THE SITE.

OH NO, SHE, HE DID OR SHE DIDN'T.

APOLOGIES.

UM, DR. MILLER HOSKINS HAD MENTIONED THAT, UM, AND THERE ISN'T A BUILDING ON THE SITE PRESENTLY, WHICH MEANS THAT WHATEVER NON-CONFORMING RIGHTS WERE ATTACHED TO THAT BUILDING ARE NO LONGER THERE.

THAT'S WHY THEY'RE HERE FOR THE VARIANCE.

OKAY, GOTCHA.

'CAUSE IT'S GONE AND THEY DIDN'T REBUILD IT IN SIX MONTHS OR WHATEVER THAT TRIGGER IS.

THEY DIDN'T REBUILD IT IN THE, UH, IN THE SAME MANNER, THE SAME BUILDING TO REPAIR IT RATHER.

OKAY.

YEAH.

CORRECT SIR.

THANK YOU.

I I'M, WE WON'T, WE WON'T CHASE THAT RABBIT.

ALRIGHT.

UM, ALRIGHT, SO AT THIS STAGE OF THE GAME, OTHER QUESTIONS FOR THE APPLICANT? IF NOT, WE'RE GONNA GO TO THE SPEAKER THAT IS ONLINE IN OPPOSITION AND THEN WE CAN ASK QUESTIONS IF THAT PERSON IS APPROPRIATE.

AND THEN YOU ARE ALLOWED A FIVE MINUTE REBUTTAL, SO YOU CAN GO AHEAD AND HAVE A SEAT.

I'LL CALL YOU RIGHT BACK UP.

THANK YOU.

SO YOU, YOU'LL HAVE AN OPPORTUNITY CONSISTENT WITH OUR RULES

[00:35:01]

TO COME BACK AND SPEAK.

MS. BOARD.

SECRETARY, DO WE HAVE ANY SPEAKERS FOR AGAINST ON 2 3 4 0 5 3? YES, WE HAVE MS. JESSICA OWENS ONLINE.

MS. JESSICA, CAN YOU PLEASE PROVIDE US WITH VIDEO AND AUDIO? WELL, CAN I PROVIDE YOU AUDIO ONLY? NO, I'M SORRY.

YOU NEED TO BE ON VIDEO.

OKAY.

HOLD ON FOR A SECOND.

I'M SORRY.

HI, I AM SORRY.

ARE YOU GUYS ABLE TO SEE ME NOW? THERE WE GO.

NOW WE SEE YOU.

ALL RIGHT, WE CAN SEE YOU, MA'AM.

YOU'RE GONNA BE SWORN IN BY OUR BOARD SECRETARY FIRST.

GO AHEAD, MS. WILLIAMS. OKAY, WELL, I, I'M SORRY I DON'T SWEAR.

I JUST AFFIRM TO TELL THE TRUTH.

I MEAN, I JUST AFFIRM TO SAY WHAT I GOTTA SAY.

I HAVE I NEED TO SWEAR YOU IN.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.

I DO.

I DO.

PLEASE PROVIDE YOUR NAME AND ADDRESS BEFORE PROCEEDING AND THEN YOU HAVE FIVE MINUTES.

MY NAME IS JESSICA OWENS AND MY ADDRESS IS 31 31 TUSKEGEE STREET HERE IN DALLAS, TEXAS.

7 5 2 1 5.

PLEASE PROCEED.

I, I REALLY DON'T HAVE MUCH TO SAY, BUT MY, MY STATEMENT IS AS FAR AS ANYTHING THAT'S BEING BUILT ON MY PROPERTY LINE, I JUST WANTED TO MAKE SURE THAT IT'S NOT GONNA IMPACT ME OVERALL.

SO, I MEAN, I DON'T REALLY OPPOSE TO ANYONE BUILDING AS LONG AS IT'S NOT GOING TO IMPACT MY ME PRETTY MUCH.

I DON'T, I DON'T, YEAH, I DON'T HAVE REALLY MUCH TO SAY.

AND THEN ALSO, ARE THEY ABLE TO BUILD ON THAT PROPERTY LINE? IS IT LIKE, YOU KNOW, OPEN TO BUILD? MA'AM, I'M GONNA GIVE YOU PLENTY OF TIME.

UH, YOU SAID YOU'RE JESSICA OWENS AT 31 31 TUSKEGEE STREET.

CORRECT? JESSICA OWENS AT 31 31 TUSKEGEE STREET.

GREAT.

SO THAT ON OUR PROPERTY, ON OUR MAPPING SYSTEM, IT'S PROPERTY 38, UH, ON THE MAP.

AND SO YOU'RE WITHIN THE 200 FEET OF NOTIFICATION.

WE APPRECIATE THAT.

UM, YOU ASKED THE QUESTION OF WHETHER THE PROPOSED CHANGE WOULD, UH, WOULD DIRECTLY TOUCH YOUR LOT.

IT WOULD NOT 'CAUSE YOU'RE THE NEXT BLOCK OVER.

OKAY.

OKAY.

ACCORDING TO WHAT I SEE HERE, BUT YOU'RE STILL IN THE NEIGHBORHOOD, YOU'RE STILL IN THE NOTIFICATION AREA AND SO YOU STILL HAVE A, UH, A RIGHT AND A BASIS TO SPEAK UP.

AND IT'S PART OF OUR FACT FINDING SITUATION.

ARE YOU SAYING YOU ARE OPPOSED, YOU'RE FOR, OR YOU DON'T HAVE AN OPINION FOR THE APPLICANT? I REALLY DON'T HAVE OPINION.

IF IT'S NOT GONNA IMPACT ME, THEN GO FOR IT.

I'M, I'M, THEY'RE GOOD.

OKAY.

SO IF I HEARD YOU CORRECTLY, YOU SAID YOU'RE, YOU DON'T HAVE AN OPINION.

YEAH, I DON'T HAVE AN OPINION AS LONG AS , YOU'RE JUST CONCERNED ABOUT WHETHER IT TOUCHES YOUR PROPERTY.

THERE YOU GO.

OKAY.

UH, MY, MY LAYMAN'S APPROACH IS LOOKING AT A MAP AND SAYING IT'S THE NEXT BLOCK OVER AND IT WOULD NOWHERE NEAR TOUCH YOUR PROPERTY.

IT IS IN YOUR NEIGHBORHOOD, BUT IT DOESN'T, YOU NOT, NOW AS IT RELATES TO YOUR OTHER POINT ABOUT WHETHER IT'S BUILDABLE OR NOT, THAT'S WHY WE'RE HERE TODAY.

.

OKAY.

.

OKAY.

SO WE WE'RE GONNA DETERMINE THAT MOMENTARILY, I THINK, BUT THANK YOU.

DID YOU WANNA ADD ANYTHING ELSE? NO.

YOU GUYS HAVE A GOOD DAY.

OKAY.

WHAT'S THAT? SHE SAID HAVE A GOOD DAY.

YOU GUYS HAVE A GOOD DAY.

OH, THANK YOU VERY MUCH.

ARE IS THERE ANYONE ELSE ON THE BOARD THAT WANTS TO ASK THIS? UH, PROPERTY OWNER QUESTIONS? OKAY, THANK YOU VERY MUCH.

YOU'RE WELCOME TO HANG IN THERE AND LISTEN OR MOVE ON, BUT THANK YOU VERY MUCH FOR YOUR FEEDBACK.

THANK YOU.

BYE-BYE SIR.

BYE-BYE.

OKAY.

UM, MA'AM YOU CAN COME BACK UP CONSISTENT WITH OUR RULES OF PROCEDURE.

APPLICANTS ARE ALLOWED FIVE MINUTES AND ANY OTHER SPEAKER, FIVE MINUTES TO PRESENT AND THEN YOU'RE ALLOWED AT ALSO A FIVE MINUTE REBUTTAL.

I'M PRETTY GENEROUS ON TIME PERIOD, AS LONG AS EVERYONE'S REASONABLE.

SO YOU CAN RESPOND TO THAT COMMENT OR ANY OTHER QUESTIONS HERE AND THEN WE'LL ASK MORE QUESTIONS AND MOVE FORWARD.

UM, I REALLY DON'T HAVE NOTHING TO SAY.

I MEAN THIS NOT IMPACTING HER PROPERTY, SO, UM, I MISS NOTHING TO REBUTTAL TO.

OKAY.

WHAT OTHER QUESTIONS DO WE HAVE FROM THE PANEL? I'VE GOT MS. DAVIS,

[00:40:01]

MS. DAVIS, THE QUESTION'S FOR YOU? FOR ME OR FOR HER? EITHER WAY FOR YOU.

YES, PLEASE.

SO IT, THE, THE WOMAN WHO WAS ON THE PHONE, IS THAT THE SAME WOMAN WHO SENT IN A LETTER? NO.

OKAY.

NO, IT'S NOT ON YOUR, ON YOUR MAPS.

MM-HMM.

.

UM, THE PERSON THAT REGISTERED OPPOSITION ON OUR MAP ON PAGE 29 WAS PROPERTY 14 ON OUR MAP, PAGE 29.

THE PERSON THAT JUST SPOKE WAS PROPERTY 38, BUT SHE WAS INDIFFERENT.

SHE DIDN'T SAY SHE WAS FOR OR AGAINST, SHE JUST, SHE WAS INDIFFERENT.

HER CONCERN WAS HOW IT WOULD AFFECT HER IF THERE'S A DIRECT ADJACENCY, IF I INTERPRET THAT CORRECTLY.

AND THE APPLICANT REINFORCED THAT, THAT THERE'S NO DIRECT ADJACENCY, CORRECT? RIGHT.

OKAY.

SO, UH, WE'RE AT THE STAGE OF QUESTIONS FOR THE APPLICANT.

SO I'M GOING TO ASK A QUESTION.

I THINK, UM, OUR CRITERIA IS NOT CONTRARY TO PUBLIC INTEREST NECESSARY TO PERMIT THE DEVELOPMENT OF, OF SPECIFIC PARTS OF LAND THAT HAS, UM, RESTRICTIVE AREA, SHAPE OR SLOPE AND NOT CREATED TO CREATE SELF HARDSHIP.

SO THOSE ARE THE THREE THINGS THAT WE LOOK AT.

AND SO IT'S ABOUT WHAT'S IN THE NEIGHBORHOOD, UH, ADJACENCY, THE NATURE OF YOUR LOT, AND THEN THAT IT'S NOT SELF-CREATED.

SO I'M JUST REPEATING TO THAT.

UM, ANYTHING THAT YOU WOULD SAY TO US REGARDING THE LOT ADJACENT TO YOU, WHICH IS 17 LEGALLY LOT 17 IS NOT BINDING HERE, BUT WHAT YOU'RE INTENDING, WHAT YOU, WHAT YOU'RE SAYING TO US IS THAT YOU'RE GONNA DO THE SAME THING THERE.

YOU'RE GONNA CONSTRUCT A, UH, BASICALLY A NARROW BUILDING TO, OR THREE STORIES.

UM, IT'S NOT GONNA BE THREE STORES.

OKAY.

STORES.

WE'RE DONE, WE'RE DONE WITH THE THREE STORIES.

OKAY.

ALL RIGHT.

THE, IT'S GONNA BE THE SAME HOUSE.

I MEAN, US AS BUILDERS DON'T LIKE TO KEEP PLAYING FOR PLANS.

SO THAT MEAN ANOTHER HOUSE WILL HAVE TO BE PRETTY MUCH REDESIGNED IF WE DON'T OKAY.

BUT IT'S GONNA BE THE SAME HOUSE CONFORMING TO THAT HOUSE.

UM, AND BECAUSE OF THE LOT SIZE LIKE WE DID IN THE BACK, WE ARE NOT GONNA NEED ANY VARIANCE BECAUSE THE LOT IS 33 BY 100.

IT'S JUST THE 25 30 IS ABOUT THE LIMIT.

THE 25 MAKES IT REALLY HARD TO PROVIDE ANYTHING WITH ANY WALKING SPACE AND APPROPRIATE BEDROOM SIZE FOR, TO MAKE IT A LIVABLE SITUATION.

SO IN JUST NUMBERS, I'M GOING BACK TO MS. HAYDEN'S KIND OF CALCULATION.

UH, YOUR BUILDING PLAN IS THAT YOU'D HAVE A FIVE FOOT SETBACK ON THE WOW.

IS THAT THE SOUTH SIDE TO THE LEFT OF YOUR PROPERTY A LOT.

18, YOU'D HAVE FIVE FEET, THEN THE BUILDING STRUCTURE IT WOULD BE 20 FEET BECAUSE THAT TAKES YOU ALL THE WAY TO THE OTHER SIDE OF THE LOT TO YOUR PROPERTY LINE.

YES, SIR.

SO THAT'S FIVE FEET ON ONE SIDE AND THEN 20 FEET, UH, I DON'T KNOW HOW YOU GET SOMETHING IN YOUR BACK OF YOUR YARD AND FIVE FEET IF IT'S A BACKHOE, BUT, BUT OKAY.

THAT'S, THAT'S OKAY.

UM, AND THEN LOT 17 IS 33 FEET YOU'RE SAYING, WHICH YOU'RE GONNA HAVE A BUILDING RIGHT UP TO THAT LOT SEVENTEENS LINE, WHICH WILL NO, IT'S NOT GONNA BE RIGHT UP.

IT HAS, WE HAVE TO LOT 17 HAS TO CONFORM WITH THE NORMAL SETBACKS GREATER.

NO, I, I KNOW I'M GETTING THERE.

SO, BUT I'M SAYING 18 STRUCTURE WILL BE RIGHT ON THE LINE WITH 17.

YES SIR.

WHAT I'M TRYING TO GET AT IS, I'M TRYING TO FIGURE OUT WHAT IS THE CONSEQUENCE OF US APPROVING THIS.

THE CONSEQUENCE OF US APPROVING THIS IS WE'RE, WE'RE LETTING, WE'RE SAYING THAT THIS PROPERTY'S GONNA BE DEVELOPED RIGHT ON THE PROPERTY LINE AND THAT GIVES US GREAT PAUSE.

WELL, WE HAVE ZERO LINE SETBACKS IN DALLAS, SO THAT'S NOT, I KNOW THAT'S NOT A NORMAL, BUT THAT IF IT'S, IF IT'S BY RIGHT THEN IT'S NOT OUR JURISDICTION.

MM-HMM.

.

AND WE HAVE NOTHING TO SAY.

STATE LEGISLATURE AND CITY CODE SAYS THIS IS AN EXCEPTION OR A VARIANCE REQUEST, THAT'S WHY IT'S OURS.

AND THIS ONE MEMBER HAS GRAVE CONCERNS ABOUT BUILDING ON AN NARROW LOT TO START WITH.

AND THEN ON THE PROPERTY LINE, THAT, THAT'S MY ONE OPINION.

THAT DOESN'T MEAN IT CARRIES THE WAY I'LL GO TO MS. DAVIS NEXT.

THAT DOESN'T MEAN IT CARRIES THE DAY.

IT JUST MEANS I NEED TO BE CONVINCED.

AND I DON'T KNOW IF I'M CONVINCED YET.

I'M JUST CONVEYING BACK AND FORTH HERE.

I DON'T KNOW.

OKAY.

MS. DAVIS? UH, I'M NOT CONVINCED EITHER.

UM, I DID HAVE A QUESTION.

SINCE YOU WANT TO BUILD TWO HOUSES, DID YOU CONSIDER COMBINING BOTH LOTS AND, AND BUILDING A LARGE DUPLEX THAT WAY? YOU WOULDN'T HAVE, I MEAN, THAT WAY YOU COULD BUILD AND YOU WOULD HAVE PLENTY OF SIDE SPACE AROUND THE HOUSE.

WELL, FIRST OF ALL, I, I THOUGHT YOU WOULD HAVE TO COMBINE THE BOTH A LOT EIGHTEENS THAT WERE DIVIDED TO DO THAT.

I DON'T, I DON'T, I HAVEN'T CHECKED THAT CODE.

BUT SECONDLY, IT'S NO OTHER DUPLEXES IN THAT NEIGHBORHOOD.

SO I MEAN, THAT WOULD JUST CHANGE THE WHOLE CONFORMANT SITUATION OF THE NEIGHBORHOOD.

I MEAN, I SEE IT, BUT I MEAN, FOR THE ACTUAL HOMEOWNERS THAT'S NEXT DOOR,

[00:45:01]

I DON'T SEE IT.

'CAUSE IF IT WAS MY HOUSE NEXT DOOR, A DUPLEX IS A DIFFERENT, UM, PROPERTY OWNER THEN IT, A SINGLE FAMILY HOME.

SO I ASKED OUR PROFESSIONAL STAFF TO PUT THIS TAX MAP, WHAT, WHAT DO YOU CALL IT? TAX PLA WHAT DO MR. THOMPSON, WHAT DOES THIS REFER TO AS TAX PARTIAL MAP? THANK YOU SIR.

TAX PARCEL MAP BACK UP.

SO WE SEE THE REALISTIC, UM, DEAL.

WOW.

OKAY.

QUESTIONS FOR THE APPLICANT, MS. HAYDEN.

SO I, YOU KNOW, I, I HAVE CONCERNS AS WELL ABOUT ALLOWING SOMETHING TO BE BUILT RIGHT ON THE PROPERTY LINE WHEN IT'S NOT ZONED FOR THAT.

AND, YOU KNOW, BUT I KNOW ONE OF THE, ONE OF THE STANDARDS THAT WE LOOK AT IS, UM, THAT IF IT'S, IF IT'S NECESSARY FOR DEVELOPMENT OF A SPECIFIC PARCEL THAT DIFFERS FROM OTHER PARCELS BY BEING SUCH A RESTRICTIVE AREA, SHAPE OR SLOPE.

SO THAT'S WHAT I KEEP GOING BACK TO IS, IS OKAY, WE COULD GRANT IT BECAUSE THE OTHER TWO CRITERIA I THINK WE MEET.

BUT, UM, BUT YOU KNOW, IN LOOKING AT THIS, THIS TAX PARCEL MAP, DID I GET THAT RIGHT? TAX PARCEL MAP? UM, IT'S PRETTY CLEAR THAT THIS IS, THIS IS UNIQUE, UH, A UNIQUE SITUATION HERE IN, IN THE WIDTH OF THE, THE LOT IS 25 FEET.

AND IF YOU DO, YOU KNOW, CON UM, HAVE A FIVE FOOT SETBACK ON EITHER SIDE, IT, IT DOES MAKE IT VERY DIFFICULT TO, TO BUILD ON, EVEN THOUGH WE HAVE A LETTER STATING THAT IT'S A BUILDABLE SITE.

SO I'M, YOU KNOW, I'M, I'M STRUGGLING WITH THIS ONE TOO, BUT I JUST TRY TO KEEP GOING BACK TO OUR STANDARDS AND WHETHER OR NOT IT MEETS THOSE STANDARDS.

UH, MR. DARRY.

YEAH, THERE'S, MY QUESTION IS NOT FOR THE APPLICANT PER SE, BUT TO STAFF, UM, IN THE STAFF'S ANALYSIS, IN REVIEWING THAT, IT SAID, UM, BASED ON THE ANALYSIS OF THE SURROUNDING PROPERTIES, PROPERTIES ADJACENT TO THE EAST OF THE SUBJECT SITE AND ACROSS THE STREET FROM THE STREET VIEW ARE LARGER IN WIDTH AND DEPTH THAN THE SUBJECT SITE.

CAN YOU GIVE ME LIKE AN IDEA OF WHAT THE AVERAGE WIDTH OF THE LOTS IN ON THE STREET OR IN THE NEIGHBORHOOD ARE? SO AS YOU TAKE A LOOK AT SOME OF THE PROPERTIES, YOU CAN SEE THIS 50.

SO THE PARENTHESES MEAN THAT THEY'RE ALL 50, UM, ACROSS THE STREET IT WOULD BE THE EXACT SAME.

SO THEY'RE ALL 50.

UH, SO IN REFERENCE, YOU'RE SAYING WIDTHS 50 FEET WIDE? YES.

THEY ALL, THEY ALL APPEAR TO BE THE SAME 100.

'CAUSE I DON'T SEE ANYTHING THAT CHANGES IT.

UH, SO THEREFORE THAT WILL LEAD ME TO BELIEVE THAT AREA LOT IN THIS BLOCK IS 100 FEET IN DEPTH.

IT'S THE WIDTH.

AND SO, OKAY, SO I WAS JUST INFORMED THE OTHER SIDE IS ONE 10.

SO, UM, IN TERMS OF WIDTH THOUGH, THAT'S WHY YOU SEE LIKE THE 25 AND 25 HERE, UH, THAT WOULD BE 50, 25 AND 25.

UH, AS YOU START TO GO FURTHER NORTH, THEY TOOK THOSE TWO LOTS AND TRIED TO DIVIDE 'EM INTO THREE LOTS.

THAT'S WHY YOU HAD THE 33 AND THE THIRD TRYING TO EQUAL UP TO A HUNDRED.

UH, SO IT IS JUST, UM, MANY, MANY YEARS AGO THINGS WERE JUST DONE DIFFERENT IN THE CITY OF DALLAS, UM, IN TERMS OF DEVELOPMENT.

OBJECTION.

THANK YOU.

SO, UH, UH, WE'RE, WE'RE, WE'RE IT IS STILL PUBLIC HEARING, WE'RE NOT DEBATING ON ANY MOTION.

SO THIS IS STILL INTERACTIVE.

SO ON THE SCREEN YOU CAN SEE HOW THE OPPOSITE SIDE OF MCDONALD, I'M SORRY, WHAT? I'M SORRY.

CAN I, THAT'S ALL RIGHT.

ONE SECOND.

SO I'M WITH YOU MS. HAYDEN.

I'M TRYING TO LOOK AT THE CHAR THE, THE CRITERIA WE HAVE, WE DON'T DETERMINE PLATS OR BUILDING SITES.

THAT'S THE PLANNING COMMISSION.

IT'S NOT THE COUNCIL, IT'S THE PLANNING COMMISSION.

THEY DO SUBDIVISION.

WE HAVE A LETTER FROM DEVELOPMENT SERVICES DEPARTMENT, GREG FRANKLIN, SENIOR PLANNER SAYING IT'S A BUILDABLE LOT.

I DON'T KNOW HOW, BUT, OKAY.

SO ON OUR CRITERIA, IT'S VERY CLEAR TO, TO SPEAK TO THE THING NECESSARY PERMIT DEVELOPMENT OF SPECIFIC, THE DIFFERS IN AREA, SHAPE OR SLOPE.

IT REALLY DIFFERS A LOT.

BUT THAT'S ALL BEING SAID.

THEN I WORRY ABOUT ON THE PROPERTY LINE.

AND WE DO NOT KNOW WHAT'S GONNA HAPPEN WITH LOT 17 AND NOR CAN THIS APPLICANT BIND VESTS.

ANYTHING WE APPROVE IS IRRELEVANT.

IS IRRELEVANT TO 17.

WE CAN'T BIND WHAT'S DEVELOPED ON 17TH.

CORRECT.

MR. BOARD ATTORNEY? THAT'S CORRECT.

THIS IS JUST FOR THE SUBJECT LOT.

CORRECT.

WHICH IS ONLY THIS HALF OF 18.

SO THERE YOU GO.

MS. DAVIS.

I'M JUST BLEEDING OUT LOUD.

I I SORT OF HAVE TWO QUESTIONS.

THE FIRST QUESTION MAYBE FOR STAFF.

UM, ALL, ALL OF THE, THE, THE, THE RESTRICTIONS WERE ALREADY

[00:50:01]

IN PLACE WHEN THIS WAS SOLD, WHEN THIS LOT WAS SOLD, CORRECT? RESTRICTIONS MEANING AS INTO THE SETBACKS? YES.

YES.

OKAY.

SO WHEN YOU PURCHASED THIS PROPERTY AND THE NEXT DOOR PROPERTY, YOU KNEW WHAT THOSE RESTRICTIONS WERE? THE PROP THE PROPERTIES WERE SOLD TOGETHER.

SO WE DID KNOW WHAT THE RESTRICTION WAS AND WE KNEW THAT WE WOULD HAVE TO COME TO BOARD TO ASK TO, TO BE BUILT UPON THAT PROPERTY.

UM, PER, PER SE, LIKE SOMETIMES YOU SEND IT TO YOUR ARCHITECT AND HE MAYBE LIKE AT 28, YOU KNOW, 29, HE CAN ACTUALLY FIT SOMETHING ON THERE.

BUT AT 25, THAT'S WHEN HE CAME BACK AND WAS JUST LIKE, NO.

SO, SO I MEAN, BUT YOU DON'T GET THAT BEFORE YOU BUY THE PROPERTY.

IT'S, IT'S, IT MIGHT HAVE TO GO TO BOARD.

I MIGHT BE ABLE TO GET SOMETHING ON THERE AND THEN WHEN HE ACTUALLY DOES THE DRAWINGS, THEN IT'S LIKE, YOU'RE GONNA NEED THAT FIVE FEET.

SO YOU, YOU PURCHASED THE PROPERTY, UNDERSTANDING WHAT THE WIDTH WAS, UNDERSTANDING WHAT THE UM, WHAT THE SETBACKS WERE.

I, I GUESS, UH, I MEAN MY ISSUE, YOU NEVER EVEN GOT A DESIGN FROM THE ARCHITECT THAT MADE YOU COMPLIANT.

THERE WASN'T, IT'S ALMOST THAT YOU DIDN'T EVEN TRY TO BE COMPLIANT.

NO, NO.

HE, HE, HE TELLS US IF WE CAN BE COMPLIANT OR NOT.

SO LIKE YOU DON'T PAY FOR A DRAWING THAT SAYS, OH, MAKE ME OUTTA COMPLIANCE.

YOU GIVE HIM THE SETBACKS FOR EVERYTHING BASED OFF THE CODE.

SO YOU PULL THAT AND YOU SEND IT TO HIM AND THEN HE'LL SAY IT'S NO POSSIBLE WAY.

'CAUSE YOU'RE NOT GONNA HAVE NO HALLWAY SPACE OR WHATEVER.

AND SO THEN YOU NEED TO GO TO BOARD AND ASK FOR AN ADJUSTMENT.

SO IT'S NOT, LIKE I SAID, PUSH THIS HOUSE.

'CAUSE ORIGINALLY I SAID WHAT YOU SAID, WHICH IS 2.5 ON EACH SIDE.

THEN THEY EXPLAINED TO ME WHY THAT'S NOT APPROPRIATE.

IF YOU'RE GONNA TAKE A LAWNMOWER, ANYTHING DOWN THE SIDE, YOU'RE NOT GONNA BE ABLE TO GET IT DOWN THE SIDE AT 2.5.

SO, SO OKAY.

JUST WHAT, SO, SO YOU ALWAYS PLANNED ON COMING IN FRONT OF THE BOARD OF ADJUSTMENTS TO ASK FOR AN EXEMPTION? NO.

YOU NEVER PLANNED ON BUILDING IT TO TO BE COMPLIANT? NO.

OKAY.

SO I'M SAYING THAT ONCE HE TOLD ME IT WAS NO WAY TO BE COMPLIANT.

MM-HMM.

, I TELL HIM, HEY, CAN WE JUST DO 2.5 ON EAST SIDE THAT WAY I'M COMING ASKING FOR A SIDE YARD SETBACK FOR BOTH SIDES.

THEN HE TELLS ME WHY I CAN'T DO 2.5 ON EACH SIDE.

SO IT WASN'T THAT I WAS NOT PLANNING, I PLANNED ON BEING IN COMPLIANCE ALL THE WAY UP UNTIL YOU TELL ME I CAN'T BE IN COMPLIANCE.

AND THEN I TRY TO FIGURE OUT HOW A WAY TO BE MORE APPROPRIATE IN COMPLIANCE.

AND THEN YOU TELL ME WHY THAT'S NOT APPROPRIATE TOO.

SO THAT'S ALL ON THE ARCHITECT SIDE? YEAH, I, I GUESS MY POINT IS, AND THE, THE TWO AND A HALF ON EACH SIDE THAT THAT'S NOT A CONCERN FOR ME.

BUT THE POINT I GUESS I'M MAKING IS THAT YOU UNDERSTOOD THE RESTRICTIONS.

YOU KNOW, YOU KNEW THAT IF YOU NEEDED TO BUILD SOMETHING THAT IT COULD ONLY BE A CERTAIN WIDTH THAT WAS ALREADY SET.

SO NOW YOU'RE COMING TO US AND SAYING, WELL I CAN'T BUILD ON IT BECAUSE I NEED AN EXTRA FIVE FEET.

BUT THE PROPERTY ALREADY HAD THESE RESTRICTIONS WHEN YOU PURCHASED IT, THE PROPERTY HAD THE RESTRICTIONS, BUT I DON'T KNOW FOR SURE THAT NOTHING CAN GO ON THERE.

SO IT DOES HAVE THE RESTRICTIONS, BUT NOT UNTIL YOU TAKE IT TO YOUR ARCHITECT.

I'M NOT AN ARCHITECT.

MM-HMM.

.

SO NOT UNTIL YOU TAKE IT TO THE ARCHITECT.

DO YOU DISCERN, DOES HE DETERMINE IT'S NO POSSIBLE WAY TO GET A FRONT DOOR ON THIS PROPERTY WITHOUT ASKING FOR PERMISSION? SO WHEN YOU BUY IT, I MEAN IT LOOKS, I MEAN I DON'T THINK WE EVEN HAD A SURVEY, SO LIKE WHERE THE SPLIT WAS BETWEEN THE TWO LOTS THAT CAME TOGETHER.

SO IT'S LIKE A SPLIT DOWN THE MIDDLE.

NOT UNTIL WE ACTUALLY SEE THE PLATE MAP.

DO WE UNDERSTAND WHAT 25 FEET ACTUALLY LOOKS LIKE AS FAR AS THESE LOTS.

SO, AND THEN WE FIGURE OUT THAT THIS IS 25, THIS ONE IS 33 AND A HALF.

AND SO THIS ONE'S GOOD, BUT THIS ONE, YOU KNOW, AFTER TAKING IT TO THE ARCHITECT IS GONNA NEED THE BOARD'S HELP.

THANK YOU MS. HAYDEN.

I'M SORRY MS. DAVIS.

I APOLOGIZE.

I APOLOGIZE.

OKAY.

UH, WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? WOULD YOU LIKE TO GIVE ANYTHING, ANY OTHER COMMENT AT THIS TIME? UM, NO, I MEAN I'VE, IT, IT'S JUST, IT'S NO, THE, THE THING FOR ME IS NOT TO DISTURB THE NEIGHBORHOOD AND THAT, THAT'S WHAT I PRIDE MYSELF IN DOING WHEN, AND THAT'S WHY BRAYLIN, WHO ACTUALLY IS THE ACTUAL PROPERTY OWNER, HIM AND HIS WIFE, THAT'S WHY THEY BROUGHT ME IN.

'CAUSE NOBODY'S TRYING TO DISTURB THE NEIGHBORHOOD, BUT NOBODY'S TRYING TO LEAVE EMPTY LOTS THAT ARE SOLD OVER AND OVER AND OVER AND OVER AND OVER AGAIN BECAUSE WE ARE HERE, NOBODY CAN BUILD UP ON IT.

SO, UM, THAT'S MY THING.

WHY I PRIDE MYSELF IN IS JUST NOT TO DISTURB THE PIECE OF THE PERSON WHO HAS BEEN THERE FOR 40 YEARS, BUT, AND NOT TO LEAVE ANOTHER LOT, YOU KNOW, FOR THE CITY TO HAVE THE RIGHT CODE COMPLIANCE OF HIGH GRASS ON TOO.

SO IT'S LIKE A TWO FOUR ISSUE OF TRYING TO MAKE SURE YOU GIVE THE HOMEOWNER THE NEW HOMEOWNER WHAT THEY NEED WITHOUT DISTURBING THE OLD HOMEOWNER.

DID YOU REACH OUT TO ANY OF THE SURROUNDING PROPERTY OWNERS? YES.

UM, WE TALKED TO EVERYBODY 'CAUSE WE, WE DIDN'T GET ANY POSITIVE FEEDBACK.

I, I MEAN I CAN'T MAKE THEM FILL IT OUT.

EVEN THE GUY WHO OPPOSED, WE, WE HAD, WE TALKED TO HIM TOO.

HE JUST SAW MY NAME ON IT AND HE DIDN'T UNDERSTAND WHAT WAS BEING ACTUALLY, UH, AND I ASKED THAT

[00:55:01]

BECAUSE ONE OF OUR CRITERIA ACCORDING TO THE CITY CODE IS NOT CONTRA NOT CONTRARY TO PUBLIC INTEREST.

SO WE'RE ALWAYS SEEKING TO FIND OUT WHAT THE DOCUMENTED PUBLIC INTEREST IS.

YEAH.

AS OPPOSED TO JUST US OPINING.

YEAH.

WE REACHED OUT TO THE