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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.
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.
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.
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.
UM, AND DAVID NEVAREZ, OUR TRAFFIC ENGINEER.
AND LAST, BUT CERTAINLY NOT LEAST, OUR BOARD SECRETARY MARY WILLIAMS. MARY, RAISE YOUR HAND.
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.
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.
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.
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.
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.
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CASES THAT WE ARE SCHEDULED TO HEAR TODAY.SO NOT HEARING NONE, I'LL GO MOVE ON ON OUR AGENDA.
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.
SO THERE ARE NO PUBLIC TESTIMONY.
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.
A, A A MEETING MINUTES FROM APRIL 16TH, 2024.
IT'S BEEN MOVED BY MS. HAYDEN.
DISCUSSION ON THE MOTION HEARING NOTED.
ALL IN FAVOR OF APPROVING OF OUR PANEL.
A MEETING MINUTES FROM APRIL 16TH PLEASE SAY AYE.
THOSE OPPOSED? UM, MEETING MINUTES ARE APPROVED.
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.
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.
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. 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.
SO, UM, I DO MOVE FOR APPROVAL OF BDA 2 3 4 DASH FIVE EIGHT BASED ON THE APPLICATION OF MEGAN RATCLIFFE.
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.
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.
YOU'LL BE NOTIFIED BY OUR BOARD ADMINISTRATOR ON THOSE THREE CASES.
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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.
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.
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.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY NAME IS CHRISTINA PAGE AND THE ADDRESS WE'RE DOING IS 31 39 MCDERMOTT AVENUE.
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.
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 NOT A, A, UM, ORIGINAL PLATTED 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.
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.
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.
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.
WE'RE GONNA HAVE QUESTIONS NOW.
SO I'LL START OFF WITH QUESTIONS.
YOU SAID YOUR, YOUR LOT, THE WHAT'S BEFORE US TODAY IS 25 BY 100.
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.
AND, AND IT'S 33 BY THAT ONE'S 33 BY 100? YES SIR.
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.
THE GUY WHO CONTESTED, WE BUILT THAT.
SO YOU'RE TALKING ABOUT THE PERSON THAT, THE ONE PERSON THAT MM-HMM,
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.
EVERYONE HAS THE RIGHT TO SPEAK UP.
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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.THAT'S, WE DON'T KNOW WHETHER THEY HAD A BOARD OF ADJUSTMENT ACTION OR NOT.
BUT IT'S NOT DIRECTLY RELEVANT.
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.
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.
'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.
SO WITH, TO PUT A GARAGE, I THINK THE CITY REQUIRES ME TO EVEN HAVE A DOOR.
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.
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.
SO WE'RE GONNA CONTINUE WITH DISCUSSION BETWEEN THE BOARD AND THE APPLICANT, MS. HAYDEN.
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.
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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.
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.
THE OTHER HALF OF LOT 18 IS RIGHT NEXT TO US, NOT ACCORDING TO WHAT YOU SUBMITTED.
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.
MY STAFF IS GONNA FURTHER DIRECT ME.
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.
KIND OF GOES WITH A LITTLE BIT OF THE QUESTION FROM MS. HAYDEN AND MS. DAVIS ABOUT THAT.
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.
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.
SO COULD YOU PULL UP SLIDE 38 GUYS PUT ON THE SCREEN? 38? YES.
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.
SO THAT'S THE STREET MCDERMOTT? YES.
THAT'S THE PROPOSED AND LOT 18.06 ACRES IS YOURS? 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.
SO I'M GONNA ASK AGAIN, IS LOT 17 EMPTY? YES SIR.
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.
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.
SO THAT'S ADJACENT TO THE LOT TO THE NORTH OF YOU.
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.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.
SO BECAUSE THOSE NUMBERS DON'T MATCH, I KNOW WHAT WAS SHOWN ON HERE.
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.
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.
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.
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.
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 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.
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.
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.
AND THAT, THAT LOT WIDTH AGAIN IS 33 3 33 AND SOMETHING.
IT'S LIKE IT'S A LITTLE BIT OVER 33.
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.
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.
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.
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.
ALRIGHT, SO PUT YOUR CURSOR ON 18 PLEASE.
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.
WHAT I DID FIND WAS THE TAX PARCEL.
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.
ALRIGHT, SO I THEN I CAN'T CONCLUSIVELY SAY THESE ARE THE LOT LINES THEN A TAX PARCEL'S, NOT LOT LINES AGREE.
I'M JUST TRYING TO BE FACTUAL.
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.
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.
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.
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.
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.
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 S THE, WE REQUIRE THE COUNTY PLAT AGAIN, THAT'S MY POINT.
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
THE LETTER IN THE PACKET? YES.
MM-HMM
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.
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.
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.
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.
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.
'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.
I I'M, WE WON'T, WE WON'T CHASE THAT RABBIT.
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.
SO YOU, YOU'LL HAVE AN OPPORTUNITY CONSISTENT WITH OUR RULES
[00:35:01]
TO COME BACK AND SPEAK.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.
ARE YOU GUYS ABLE TO SEE ME NOW? THERE WE GO.
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
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
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.
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.
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.
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.
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.
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
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.
SO WE WE'RE GONNA DETERMINE THAT MOMENTARILY, I THINK, BUT THANK YOU.
DID YOU WANNA ADD ANYTHING ELSE? NO.
WHAT'S THAT? SHE SAID HAVE A GOOD DAY.
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.
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.
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.SO IT, THE, THE WOMAN WHO WAS ON THE PHONE, IS THAT THE SAME WOMAN WHO SENT IN A LETTER? NO.
NO, IT'S NOT ON YOUR, ON YOUR MAPS.
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.
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.
WE'RE DONE, WE'RE DONE WITH THE THREE STORIES.
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.
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.
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.
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.
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.
MS. DAVIS? UH, I'M NOT CONVINCED EITHER.
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.
SO WE SEE THE REALISTIC, UM, DEAL.
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.
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.
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.
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.
SO, UH, UH, WE'RE, WE'RE, WE'RE IT IS STILL PUBLIC HEARING, WE'RE NOT DEBATING ON ANY MOTION.
SO ON THE SCREEN YOU CAN SEE HOW THE OPPOSITE SIDE OF MCDONALD, I'M SORRY, WHAT? I'M SORRY.
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.
WE HAVE A LETTER FROM DEVELOPMENT SERVICES DEPARTMENT, GREG FRANKLIN, SENIOR PLANNER SAYING IT'S A BUILDABLE LOT.
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.
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.
WE CAN'T BIND WHAT'S DEVELOPED ON 17TH.
MR. BOARD ATTORNEY? THAT'S CORRECT.
THIS IS JUST FOR THE SUBJECT LOT.
WHICH IS ONLY THIS HALF OF 18.
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.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.
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.
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.
SO I'M SAYING THAT ONCE HE TOLD ME IT WAS NO WAY TO BE COMPLIANT.
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.
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.
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.
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.
AS OPPOSED TO JUST US OPINING.
WE REACHED OUT TO THE NEIGHBOR THAT, UM, I THINK SHE'S LIKE 16 I THINK IN THE THING REACHED OUT TO HER.
SHE, YOU KNOW, I MEAN WE ASKED THEM TO FILL IT OUT, BUT I MEAN, I CAN'T, YOU KNOW, I TRY NOT TO SWAY THEM 'CAUSE I WANT THEM TO ACTUALLY STATE THEIR REAL OPINION.
'CAUSE THIS IS NOT MY NEIGHBORHOOD.
SO I MEAN, BUT ONCE THEY, THEY'LL TELL YOU ONE THING AND THEN, YOU KNOW, AND THEN I SEND A PAPER BACK.
UH, A QUESTION FOR THE BOARD ATTORNEY.
UM, IF THE BOARD TODAY APPROVES THIS REQUEST OF THE VARIANCE OF FIVE FEET, UH, ARE WE REQ, ARE WE, ARE WE BINDING THE APPLICANT TO THIS SPECIFIC SITE PLAN? YES, SIR.
SO THEY WOULD HAVE TO BUILD WITHIN THE FRAMEWORK, NOT THE INSIDE OF THE HOME, BUT THE FRAMEWORK OF THIS SITE PLAN? YES, SIR.
MEETS AND BOUNDS OF THIS SITE AS FAR AS THE DEPTH OF THE, THE THE BUILDING AND THE WIDTH OF THE BUILDING AND THE PLACEMENT ON THE PROPERTY LINE.
AND WITH THE FIVE FOOT SETBACK ON THE OTHER SIDE.
UH, THE CHAIR, WERE TO ENTERTAIN A MOTION.
MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 5 3 ON APPLICATION OF CHRISTINA PAGE GRANT THE FIVE 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 CODE AS AMENDED WOULD RESULT IN UNNECESSARY HEART 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.
A MOTION HAS BEEN MADE IN BDA 2 3 4 0 5 3 TO GRANT THE FIVE FOOT VARIANCE TO THE SIDE YARD SETBACK BY MS. HAYDEN.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MR. NRI.
A MOTION HAS BEEN MADE TO GRANT AND IT'S BY MS. HAYDEN AND, AND SECONDED BY MR. NRI.
MS. HAYDEN, YOU KNOW, DISCUSSION ON THE MOTION AS I, AS I MENTIONED BEFORE, IT, IT DOES, I AM REALLY CONCERNED ABOUT GRANTING A VARIANCE WITH THE, UH, STRUCTURE THAT CAN BE BUILT RIGHT ON A PROPERTY LINE.
UM, BUT IN THIS CASE, I THINK, UH, YOU KNOW, YOU MEET THE STANDARDS FOR VARIANCE AND, AND ONE OF THOSE IS THAT THIS PARCEL OF LAND DIFFERS FROM OTHER PARCELS BY BEING RESTRICTIVE IN SIZE.
UM, AND I ALSO THINK ABOUT WHAT YOU, WHAT YOU SAID AT THE END THERE ABOUT THE FACT THAT IF, IF THIS VARIANCE ISN'T GRANTED, THEN REALLY NO ONE'S GONNA BE ABLE TO BUILD ON IT.
SO I THINK IT IS PROBABLY IN THE BEST INTEREST OF THE PUBLIC TO HAVE SOMETHING THAT CAN BE BUILT ON THIS.
UM, AND SO THAT'S WHY I'M, I'M SORT OF SETTING ASIDE MY CONCERN ABOUT THE BEING ON THE PROPERTY LINE AND, UH, VOTING IN FAVOR OF THIS VARIANCE.
MS. JANNER, I, I BASICALLY JUST SECOND EVERYTHING THAT MS. HAYDEN SAID ON THIS PARTICULAR LOT, I'M GONNA SUPPORT THE MOTION VERY BEGRUDGINGLY.
I'M VERY CONCERNED ABOUT BUILDING, UH, ON THE PROPERTY LINE.
UH, BUT THE PLANNING COMMISSION SETS PLATS.
OURS IS TO GRANT EXCEPTIONS OR NOT.
UM, UH, I, I DO THINK YOUR, I DO THINK YOUR PROPERTY IS UNIQUE AND IS A PARCEL THAT HAS RESTRICTIVE AREA SHAPE AND SLOPE.
UM, I DO THINK THAT THIS IS NOT A BYPRODUCT OF YOU CREATING A SELF-CREATED HARDSHIP, AND I WELCOME PRIVATE SECTOR INVESTMENT IN THE NEIGHBORHOOD, AND THAT IS HOW I CONSTRUE PUBLIC INTEREST, PRIVATE SECTOR INVESTMENT IN THE NEIGHBORHOOD.
WE GET A VIDEO AND PICTURES FROM THE STAFF THIS MORNING.
AND, UH, THE NEIGHBORHOOD COULD UTILIZE PRIVATE SECTOR INVESTMENT, THE DANGER THAT WE GET INTO.
SO ALL THESE THINGS, CHECK MARKS, THE CRITERIA BOXES.
THAT'S WHY I'M GONNA SUPPORT IT.
THE MOTION IT TAKES FOUR VOTES.
UH, BUT THAT'S WHY I'LL SUPPORT IT.
THE DOWNSIDE IS, WOW, WE'RE BUILDING IN A VERY NARROW LOT AND ON THE PROPERTY LINE, AND THE MOMENT WE DO THIS, WE'RE DOING THIS FOREVER ON THIS PROPERTY, IT STAYS THERE.
NOW, I ASKED THE BOARD ATTORNEY HOW DO, WHAT'S WHAT, IF ANY, THERE'S A SAFEGUARD TO THIS AND IT SAYS, ACCORDING TO THE SITE PLAN, THAT'S THE ONLY SAFEGUARD WE'RE GRANTING THE VARIANCE, BUT IT HAS TO BE ACCORDING
[01:00:01]
TO THIS, THIS PLAN.UM, IT, YOU KNOW, THIS IS, THIS IS DIFFICULT FOR ME, BUT I WILL, I'LL SUPPORT THE MOTION.
IT'S, AND MR. N, SO MS. DAVIS, I, I AM NOT GOING TO BE SUPPORTING THE MOTION.
UM, I MEAN, TO YOUR POINT OF BUILDING RIGHT ON THE PROPERTY LINE, I THINK THAT IS A SHORT-TERM FIX.
I DON'T THINK IT IS GOOD FOR DALLAS.
I THINK IT WILL DEVALUE THE FUTURE PROPERTY VALUE OF THE NEIGHBORING PROPERTY AND POSSIBLY OTHER PROPERTIES IN THE, IN THE NEIGHBORHOOD.
I UNDERSTAND THAT THIS IS AN INTERESTING PARCEL, THAT THE WIDTH IS LIMITED, BUT YOU ALSO PURCHASED THE PROPERTY KNOWING WHAT THOSE RESTRICTIONS ARE.
SO, UM, FOR THOSE REASONS, I, I AM NOT SUPPORTING THIS MOTION.
OTHER DISCUSSION ON THE MOTION? MR. SAUK? UH, YEAH, I, I'VE GONE BACK AND FORTH ON THIS FROM, YOU KNOW, IT LOOKED FINE TO ME WHEN I READ THROUGH.
UM, BUT, UM, YOU KNOW, AS WE DUG INTO IT AND IT'S ON THE PROPERTY LINE, AND, YOU KNOW, I'M VERY FAMILIAR WITH BUILDING ON THE PROPERTY LINE, UH, AND THERE ARE CASES FOR IT, IT, IT DOES CONCERN ME.
UH, BUT I AM GOING TO GO AHEAD AND SUPPORT THE MOTION.
UM, YOU KNOW, AND I'M GONNA TAKE YOU AT YOUR WORD THAT ON THE NEIGHBORING LOT, THAT YOU'RE GOING TO DO THE RIGHT THING ON THAT LOT AND NOT CREATE ANOTHER PROBLEM OR CREATE A PROBLEM IN THE NEIGHBORHOOD.
BUT I CAN SEE, YOU KNOW, 25 FEET IS EXTREMELY NARROW AND I CAN'T, YOU KNOW, I, I CAN'T SEE BUILDING ANYTHING OTHER THAN, YOU KNOW, WHAT'S PLANNED AND HOW IT'S PLACED ON THAT, THAT WIDTH OF LOT.
SO, UH, YOU KNOW, FOR THAT REASON, YOU KNOW, AND BECAUSE IT IS A BUILDABLE LOT AND IT MEETS ALL THE OTHER CRITERIA, I'M GOING TO SUPPORT THE MOTION WILL STATED.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION BEFORE THE BOARD IS TO GRANT THE FIVE FOOT VARIANCE ON 2 3 4 0 5 3.
ANY OTHER DISCUSSION ON THE MOTION BOARD? SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES FOUR TO ONE IN THE MATTER OF BDA 2 3 4 DASH 0 53.
THE BOARD OF ADJUSTMENT GRANTS THE REQUEST FOR A FIVE FOOT VARIANCE OF THE SETBACK BY A VOTE OF FOUR TO ONE, YOU'LL GET A NOTIFICATION FROM OUR BOARD ADMINISTRATOR.
I WILL GIVE YOU ONE OTHER COMMENT, MA'AM, AND THAT FOLLOWS MR. EK'S COMMENT.
WE HOPE WE ARE TAKING YOU AT YOUR WORD THAT YOU WILL BE RESPECTFUL FOR WHAT YOU DO.
NOW, THIS IS, WE'VE APPROVED IT.
I'M JUST MAKING A SIDEBAR COMMENT.
IT'S ALL ON THE RECORD, BUT A SIDEBAR, WE'RE HOPING THAT YOU, YOU HAVE GOOD FAITH ON WHAT YOU DO WITH LOT NUMBER 17.
TODAY IS BDA 2 3 4 DASH 0 5 5 BDA 2 3 4 DASH 0 55.
GOOD AFTERNOON, MR. CHAIR, LADIES AND GENTLEMEN.
JUST, JUST FOR THE RECORD, HOLD JA HOOSIERS, UM, SPEAKERS, WHAT SPEAKERS DO WE HAVE FOR THIS PARTICULAR CASE? MS. BOARD, SECRETARY ONLY THE APPLICANT.
IF YOU WOULD GO AHEAD AND SWEAR THE APPLICANT IN AND WE'LL PROCEED.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
LADIES AND GENTLEMEN, MY NAME'S ROB BALDWIN, OFFICER 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
I'M HERE REPRESENTING ELIZABETH DODSON IN THIS REQUEST FOR, UM, THE SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL DWELLING UNIT ON THE PROPERTY.
OKAY, SO I'M, OUR RULES STATE THAT YOU GET FIVE MINUTES AND, BUT I'LL BE GENEROUS WITH THE TIME YOU TAKE, WHATEVER'S REASONABLE TIME THAT YOU NEED TO PRESENT YOUR CASE.
YOU LISTENED TO THE BRIEFING THIS MORNING WHERE THERE WERE A LOT OF QUESTIONS AND CONFUSION ABOUT WHAT THE APPLICANT'S ORIGINAL REQUEST WAS VERSUS WHAT IT IS NOW.
SO I HOPE YOU'RE GONNA CLARIFY THAT FOR US.
AND I, I WAS GONNA DO THAT RIGHT OFF THE BAT BEFORE I GOT INTO MY PRESENTATION, PLEASE.
SO, ORIGINALLY WE DID ASK A LITTLE CLOSER TO THE MICROPHONE.
ORIGINALLY, WE DID ASK PERMISSION TO RENT THE, THE DWELLING UNIT, AND THAT'S WHAT WE NOTIFIED ALL OUR NEIGHBORS ABOUT, AND NO ONE
[01:05:01]
SEEMED TO HAVE CONCERNS ABOUT THAT.HOWEVER, ON THURSDAY AFTERNOON, I GOT A CALL FROM, UH, SOMEONE OUR VERY MUCH RESPECT, MICHAEL YOUNG, WHO WAS A FORMER CITY PLAN COMMISSIONER AND A LONGTIME NEIGHBORHOOD ACTIVIST IN THE AREA WITH CONCERNS ABOUT ALLOWING A RENTAL THIS PROPERTY TO BE RENTED WOULD, UH, SET A PRECEDENCE FOR OTHER AREAS IN, IN, UH, THIS PART OF EAST DALLAS, AND ASKED IF WE WOULD RECONSIDER THAT.
AND I SPOKE WITH MY CLIENT AND SHE WAS FINE WITH RECONSIDERING IT BECAUSE WE DID NOT WANNA SET A PRECEDENT FOR OTHER PEOPLE COMING IN AND DOING AIRBNBS OR, UH, RENTALS, UH, IN EAST DALLAS, UH, IN THIS AREA.
SO THAT'S WHAT THE CHANGE WAS FROM.
SO WE ARE NOT A, WHAT WE'RE ASKING FOR IS TO ALLOW A SECOND DWELLING UNIT AND A DWELLING UNIT AS A BROUGHT UP AT THE BRIEFING SESSION, HAS A BEDROOM, A BATHROOM, AND A KITCHEN.
SO, UM, THIS IS, THIS COMPLIES WITH ALL THAT.
IT HAS THOSE THREE ELEMENTS AND IT'S GONNA BE A SECOND ONE ON THE, THE PROPERTY, BUT IT'LL NOT BE RENTED.
AND THE WAY THAT THAT IS ENFORCED IS THAT WE HAVE TO DO A DEED RESTRICTION ON THE PROPERTY.
AND IT'S A PUBLIC DEED RESTRICTION, MEANING THE CITY OF DALLAS IS A PARTY TO IT, AND ANY VIOLATION OF THAT DEED RESTRICTION BECOMES A ZONING VIOLATION SUBJECT TO A $2,000 A DAY FINE.
SO, UH, IT, IT WOULD BE ENFORCED JUST LIKE ANY OTHER ZONING VIOLATION WOULD.
SO THAT, SHOULD THIS BE APPROVED, THAT'S THE WAY THIS WOULD BE REGULATED AND ENFORCED.
SO IF THERE'S ANY QUESTIONS, IF NOT, I'LL GO THROUGH A BRIEF PRESENTATION AND THEN YOU ASK FOR ANY QUESTIONS.
I DON'T WANNA INTERRUPT YOUR TIME.
YOU HAVE SUBMITTED A LETTER DATED APRIL 26TH WHERE YOU SAID THAT FIVE OF THE 14 NEIGHBORING LOTS HAVE, UH, DWELLING UNITS, ACCESSORY DWELLING UNITS IMPLYING RENTALS.
UH, I DON'T KNOW IF THEY'RE RENTAL.
I, I WELL, THAT'S WHAT YOU SAID.
OKAY, WELL THEN, UM, LET ME SEE.
YOU SAID FIVE HAVE ACCESSORY DWELLING UNITS AND WE, WE WENT BACK AND FORTH AND SAID, ACCESSORY IMPLIES RENTAL DWELLING.
THAT WAS YOUR LETTER OF APRIL 26TH.
RIGHT? I SAID FIVE OF 'EM HAVE ACCESSORY AND DWELLING UNITS ACCORDING TO AND ACCESSORY UNDER THE CODE INTERPRETATIONS RENTAL.
WELL, UNTIL TODAY, I HONESTLY DIDN'T KNOW THE DIFFERENCE BETWEEN ACCESSORY AND ADDITIONAL.
I KNOW IT'S A HORRIBLE THING YOU JUST SAY THAT.
WELL, YOU'RE, YOU'RE AN EXPERT UP HERE.
WE'RE, WE'RE THE, WE'RE THE LAY PEOPLE, WE'RE THE, THE CITIZEN VOLUNTEERS THAT DO THIS FOR ICED TEA AND, AND GREAT PASTA.
OCCASIONAL COOKIES UNTIL I'M TOLD NOT TO
I'VE NEVER ASKED FOR A RENTAL AND SO I, I DIDN'T INTERESTING.
YEAH, THEY'VE ALWAYS BEEN GRAND, UH, YOU KNOW, GRANDMOTHER SHACKS OR YES, OF COURSE.
UH, SO IT'S VERY, IN MY EXPERIENCE, IT'S BEEN VERY RARE TO ASK FOR A RENTAL.
SO THAT'S WHY, SO I I'M NOT PREJUDICING YOUR REQUEST OR YOUR APPLICANT.
THIS JUST ONE, THIS ONE BOARD MEMBER WOULD AGREE WE'RE I'M VERY HESITANT ABOUT GRANTING RENTALS AND YOU SEE NODDING HEADS HERE.
NOW WE ALL VOTE INDEPENDENTLY AND WE'RE ALL, WE'VE NEVER HAD A DISCUSSION ABOUT THIS SEPARATELY, BUT I, FOR ONE, AM VERY HESITANT ABOUT THE WHOLE RENTAL THING SEPARATE AND ASIDE FROM THAT'S ALL THE DEAL.
SO, ALRIGHT, SO I'M GONNA IGNORE THAT LINE IN YOUR LETTER,
THAT SAYS ACCESSORY, UH, BE BECAUSE, UH, BUT AT LEAST I'M READING YOUR LETTER.
UH, I HAD A CASE YESTERDAY THAT I WISH THEY, THEY WOULD'VE READ THE LETTER, BUT GO.
DON'T, DON'T DISPARAGE PANEL C.
YOU HAVE A PRESENTATION FOR US IF I CAN.
WHO? BRIAN, ARE YOU WORKING OR CAMBRIA? NEXT SLIDE PLEASE.
SO THIS, THIS, THIS IS A, A REALLY COOL PROPERTY.
IT IS RIGHT, UH, OFF OF WHITE ROCK LAKE, OFF OF LAU, EVEN THOUGH IT FRONTS ON WENDY.
UH, UH, IT'S A REALLY NEAT LITTLE ENCLAVE OF 14 HOMES.
UM, THE, IT IS INTERESTING BECAUSE ALL THE HOUSES ON THE EAST SIDE OF WENDY FACE ON AUTHOR AND BACK ONTO WENDY, YOU, YOU SAID THESE 14 HOUSES IN AN ENCLAVE.
WHAT, WHAT'S DOES, WHAT'S THE, WHAT'S THE DEFINITION OF YOUR ENCLAVE? UH, NEXT SLIDE, PLEASE.
I DON'T WANNA STEAL YOUR THUNDER.
NICE LITTLE POCKET NEIGHBORHOOD.
YOU HAVE THE SANTA FE TRAIL AND AN ENCORE EASEMENT ON THE WEST.
YOU HAVE LAU AND, UH, UH, WHITE ROCK LAKE TO THE EAST AND TO THE NORTH AND TO THE SOUTH.
SO IT'S A NICE LITTLE POCKET NEIGHBORHOOD.
SO THAT STREET THAT IS PARALLEL TO LAU IS WINDY.
SO WINDY IS THE STREET THAT GOES RIGHT DOWN THE MIDDLE HERE.
SO, UH, AND THE, THE, IS THAT A DART RIGHT OF WAY TO THE LEFT OR A THU OR SOMETHING? THAT'S THE SANTA FE TRAIL.
THAT'S OR SOUTHERN PACIFIC TRAIL.
[01:10:01]
RAILS TO TRAILS.AND IS THIS ENCLAVE CALLED SOMETHING? IS IT, IS THERE A NEIGHBORHOOD? OKAY.
A COOL LITTLE NEIGHBORHOOD? YEAH.
I'M SORRY, I'M INTER I'M INTERRUPTING YOUR DEAL.
I'VE JUST NEVER SEEN THIS, THIS DEAL.
IF YOU EVER HAVE A CHANCE, THIS IS, THIS IS REALLY A GEM.
WELL, I DON'T KNOW IF THEY WANT A LOT OF PEDESTRIANS IN THIS.
BUT IT IS INTERESTING IN THAT ALL THE HOUSES ON THE EAST FACE ONTO LAU AND TAKE ACCESS OFF OF WENDY.
WELL, THEY HAVE DUAL ACCESS AND THEN ALL THE, THE LOTS ON THE WEST FACE ONTO WENDY AND HAVE A WENDY ADDRESS.
SO THIS IS REQUEST FOR A SECOND DWELLING UNIT ON THE PROPERTY THAT WILL NOT BE RENTED.
IT WILL HAVE A BEDROOM, BATHROOM, AND A KITCHEN IN IT.
UM, IT'S 816 SQUARE FEET, OR LESS THAN 14% OF THE SIZE OF THE MAIN STRUCTURE IN DALLAS EX, UH, ACCESSORY DWELLING UNITS CAN BE UP TO 25% OF THE FLOOR AREA OF THE, THE DWELLING UNIT.
AND, BUT, UH, ALL DWELL, ALL ACCESSORY STRUCTURES COMBINED CANNOT EXCEED 40%.
UH, AND IF 50% OF THE, THE LOT, LEMME TRY THAT.
ALL ACCESSORY STRUCTURES COMBINED CANNOT EXCEED 50% OF THE FLOOR AREA, THE MAIN STRUCTURE, AND YOU CANNOT EXCEED A 40% LOT COVERAGE.
WE HAVE 1.05 ACRES WITH THE MAIN STRUCTURE AND ACCESSORY STRUCTURE WILL BE RIGHT ABOUT 12% LOT COVERAGE.
SO WE'RE NOT OVERBUILDING THE LOT.
UH, THE NEXT SLIDE WILL SHOW YOU THAT FROM WHAT MY RESEARCH SHOWED ON DA FIVE OF THE 14 LOTS IN THIS NEIGHBORHOOD HAVE ACCESSORY DWELLING, DWELLING OR, UH, WHAT THEY'RE CALLED QUARTERS, UH, IN, UH, ON DA MEANING THAT THEY HAVE ACCESSORY MEANING DWELLING RENTALS OR ADDITIONAL IT.
DA DOESN'T TELL YOU IF THEY'RE RENTALS OR RENTALS OR NOT, BUT IT, IF IT SAYS IT'S A QUARTERS, THAT MEANS IT HAS A BEDROOM BATHROOM IN A KITCHEN.
SO WE DON'T KNOW IF THE FIVE HAVE, ARE ACCESSORY OR THE FIVE ARE ADDITIONAL.
WE KNOW THAT THERE'RE THERE ARE ADDITIONAL DWELLING UNITS, MEANING NON-RES.
I DON'T KNOW IF THEY'RE RENTED OR NOT, BECAUSE DCA DOESN'T GET INTO THAT.
OUR STAFF THIS MORNING TOLD US THE DEFINITION OF ACCESSORIES IS RENTAL ADDITIONAL IS NON-REAL? THAT'S WHAT THEY TOLD US THIS MORNING.
SO IT'S ADDITIONAL THEN LET'S ASSUME THEY'RE ADDITIONAL BECAUSE I, OF COURSE YOU WANT US TO ASSUME THAT I'M NOT GONNA ASSUME THAT THEY'RE RENTING THEM.
UM, SO, UH, AND THE, THE FLOOR AREAS OF THESE ADDITIONAL OR ACCESSORY ADDITIONAL DWELLING UNITS, UH, IN THE, IN THE NEIGHBORHOOD RANGE FROM 250 SQUARE FEET TO APPROXIMATELY 1200 SQUARE FEET.
SO THEY WE'RE RIGHT IN THE MIDDLE OF THE AREA.
SO THE NEXT SLIDE IS, UM, SHOWS YOU THE SITE PLAN IN THE CYAN COLOR IS WHERE IT'S THE PROPOSED DWELL UNIT'S GONNA BE BACK OF THE, THE LOT.
UM, AND BEHIND THE MAIN STRUCTURE, IT'S IMPORTANT TO NOTE THAT THE LETTER OF SUPPORT THAT YOU GOT IS FROM THE PROPERTY OR JUST TO THE SOUTH OF THAT, THE, THE PERSON MOST AFFECTED BY THE PROPERTY BY THIS REQUEST.
SO THIS JUST SHOWS THE LAYOUT OF THE MAIN STRUCTURE AND THE ALTER, UH, ET ALTERNATE ADDITIONAL DWELLING UNIT.
IT'S, UH, MADE FOR ONE OR TWO PEOPLE.
IT'S, IT'S NOT A, A HUGE STRUCTURE.
UH, IT WILL SERVE, UH, PEOPLE VISITING THE SITE THAT, THAT NEED NEEDS SOME ADDITIONAL PRIVACY.
THIS IS A, A SCHEMATIC SHOWING HOW EVERYTHING LAYS OUT ON THE SITE.
UM, AGAIN, VERY LOW COVERAGE, UH, AND EVERYTHING TIES TOGETHER BECAUSE ONE OF THE REGULATIONS IN THE CITY OF DALLAS FOR ANY ACCESSORY STRUCTURE ON THE PROPERTY, WHETHER IT'S DWELLING OR NOT, THEY HAVE TO, UH, BE SMALLER, LESS TALL THAN THE MAIN STRUCTURE, AND THEY HAVE TO MATCH ARCHITECTURALLY.
SO THIS INDICATES THAT WE DO THAT.
WE'LL SHOW YOU THE, THE LAYOUT.
THERE'S A, A KITCHEN LIVING ROOM, UH, A BEDROOM, A BATH, AND THEN A COURTYARD OUT FRONT.
AGAIN, TAKING ADVANTAGE OF THE, THE NATURAL SETTING OVER THERE.
AND THIS, THIS JUST SHOWS THE ELEVATIONS OF THE, THE PROPERTY OF THE PROPOSED STRUCTURE.
IF I'M STANDING RIGHT ON LOTHAR AND WENDY LOOKING, UH, SOUTH AND TO THE EAST.
THE SLIDE YOU SAW TODAY IS SHOW THAT THE, THE HOUSE, THE MAIN STRUCTURE IS UNDER CONSTRUCTION RIGHT NOW.
AND THIS IS LOOKING FARTHER DOWN, WENDY.
AGAIN, YOU CAN SEE IT'S JUST A, A REALLY, IT'S A COUNTRY LANE
[01:15:01]
IN THE MIDDLE OF THE CITY.AND, UH, THAT'S END OF MY PRESENTATION.
SO I HOPE YOU CAN SUPPORT THIS.
UH, LIKE I SAID, WE, UH, WE THINK IT'S A REASONABLE REQUEST.
WE SEEM TO MEET ALL THE REQUIREMENTS FOR ACCESSORY BUILDINGS IN THE CITY OF DALLAS, AND I HOPE YOU CAN SUPPORT THIS.
I'M HERE TO ANSWER ANY QUESTIONS.
UH, QUESTIONS FOR THE APPLICANT, MS. HAYDEN.
AND I'M NOT SURE IF THIS IS FOR THE APPLICANT OR FOR THE ATTORNEY, THE BOARD ATTORNEY, BUT SINCE THE APPLICATION THAT WE HAVE SAYS ACCESSORY DWELLING UNIT, BUT THE LANGUAGE WE HAVE SAYS ADDITIONAL DWELLING UNIT, IF WE APPROVE THIS, HOW DO WE KNOW THAT WE'RE APPROVING AN ADDITIONAL DWELLING UNIT? SINCE THE APPLICATION SAYS ACCESSORY DWELLING UNIT? NOW THAT WE ALL KNOW THE DEFINITION, THERE'S THE DIFFERENCE BETWEEN THOSE TWO.
I'M SORRY, THE MOTION SAYS ADDITIONAL DWELLING UNIT, CORRECT? YEAH, THE MOTION SAYS ADDITIONAL DWELLING UNIT, BUT THE APPLICATION SAYS ACCESSORY DWELLING UNITS.
SO, SO I'M JUST MAKING SURE THAT IF WE APPROVE THIS AS AN ADDITIONAL DWELLING ITWELL, IT WILL BE AN ADDITIONAL DWELLING UNIT BECAUSE IT'LL SUPERSEDES THE WILL APPLICATION.
THE LANGUAGE IN THE MOTION WILL SUPERSEDE THE LANGUAGE IN THE APPLICATION.
AND THEN THE, THE, THE LANGUAGE IN THE MOTION SHOULD ALSO INDICATE THAT THE, IT REQUIRES THE PROPERTY BE DEED RESTRICTED AS PER THE CODE.
SO IT WILL GO WITH THE PROPERTY.
SO I INITIALLY THAT THE HOMEOWNER OR FUTURE HOMEOWNER WANTED TO RENT THE PROPERTY, CORRECT? YES, MA'AM.
UH, FOR, YOU KNOW, SMU STUDENTS OR SOMETHING LIKE THAT.
IT WAS, UH, SHE WANTED THE, THE ABILITY TO DO IT.
SHE HAD NO IMMEDIATE PLANS TO DO IT.
SO WHY IS SHE STILL THE, IF SHE'S NOT RENTING IT, WHY BUILD AN ACCESSORY DWELLING UNIT? WHY DOES SHE NEED IT? UM, I WAS GONNA GET BE A LITTLE FLIPPANT.
UH, SOMETIMES FAMILIES NEED SPACE AND, UH, ESPECIALLY IF, UH, FAMILIES, UH, WANT INDEPENDENCE, YES, I CAN SEE THROWING ONE OF MY KIDS, GROWN KIDS OUT TO THE BACK UNIT AND THEN CHARGING HIM FOR IT.
JUST WHAT, ON THE RECORD, MY KIDS ARE GONNA SEND ME A MESSAGE AT SOME POINT.
I'M GONNA BE A BIGGER BURDEN TO MY CHILDREN.
AND IT'D BE NICE TO, YEAH, IT'D BE NICE IF THEY HAD A, A LOT BIG ENOUGH TO, TO HAVE WHERE I CAN HAVE A LITTLE CABIN TO MYSELF WHERE I COULD HAVE MY OWN SPACE AND THEY CAN HAVE THEIR OWN SPACE.
UM, THAT'S, THAT'S THE, THE PURPOSE OF THAT, YOU KNOW, HIS HISTORICALLY PEOPLE BUILT, UH, THEY WOULD HAVE, UH, SERVANTS, UH, OR HOUSE PEOPLE THAT WOULD STAY IN THE BACKYARD.
WHEN I BOUGHT MY HOUSE IN THE M STREETS, WE HAD, UH, A LITTLE COTTAGE BACK THERE, BUT NOW IT'S MOSTLY, YOU KNOW, WE'RE LIVING LONGER AND PEOPLE WANT TO BE ABLE TO HAVE A, A NUCLEAR FAMILY, BUT NOT ALL UNDER THE SAME ROOF.
OTHER QUESTIONS FOR THE APPLICANT? I'LL GIVE YOU A QUESTION OR I'LL GIVE YOU A STATEMENT.
I THINK IT WAS SMART OF THE APPLICANT TO MAKE A CHANGE.
'CAUSE I PROBABLY WOULD NOT HAVE SUPPORTED THE ACCESSORY DWELLING UNIT.
I'M JUST SAYING THAT BASED, AND AGAIN, MY JUDGMENT IS BASED ON WHAT IS PRESENTED TO US IN THE SURROUNDING AREA AND OUR CRITERIA OF WHAT THAT IS OR IS NOT, AND SO FORTH.
UM, I, I DO TELL, I WILL TELL YOU THAT AS IN ALL CASES, WE LOOK FOR THE, WHAT'S, WHAT'S IMPACTING THE NON-AD ADVERSE AFFECTING NEIGHBORING PROPERTIES.
AND THE MOST KEY NEIGHBORING PROPERTY IS PLAT NUMBER FIVE, WHICH IS DIRECTLY BEHIND THE PROPERTY, WHICH IS DIRECTLY ADJACENT TO WHERE THE DWELLING UNIT'S GONNA BE.
AND THEY CAME OUT AND SUBMITTED A NOTE IN FAVOR, IN FACT, THERE IT IS, RIGHT? IN FAVOR AND SO FORTH.
UM, SO, OH, I PA I PASSED THIS DOWN EARLIER THIS MORNING.
SO, UM, SO THAT IS INSTRUCTIVE TO ME.
UM, SO I'M JUST GIVING YOU THAT EDITOR EDITORIAL COMMENT.
SO WE CAN THANK MICHAEL YOUNG FOR THAT.
WE CAN THANK MICHAEL YOUNG FOR THAT.
WELL, I, NO, THE A I AM NOT INTO BULLYING AT THE PULPIT THAT THAT IS.
AND YOU, THE APPLICANT SHOULD DO WHAT THE APPLICANT WANTS TO DO AND LET AND MAKE THEIR CASE AND THEN DECIDE.
I, I DON'T, I, I'M VERY HESITANT TO DO FORCE FEED ANYTHING.
AND IF, IF THERE WAS OPPOSITION, THAT DOESN'T MEAN SOMEONE SHOULD, SHOULD CRUMBLE OR RENEGOTIATE.
YOU SHOULD STAND YOUR GROUND ON WHAT YOU THINK IS BEST FOR YOUR PROPERTY AND, AND PRESENT ACCORDINGLY.
WHAT OTHER QUESTIONS DO WE HAVE? MS. DAVIS? YES.
THE CHAIR WILL ENTERTAIN A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BDA 2 3 4 DASH 0 55 ON APPLICATION OF ROB BALDWIN GRANT THE REQUEST TO CONSTRUCT AND MAINTAIN AN, AN ADDITIONAL DWELLING UNIT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS AND THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL
[01:20:01]
EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, 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 SITE PLANS ARE REQUIRED.
THE APPLICANT MUST DEED RESTRICT A SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL DWELLING UNIT AS RENTAL ACCOMMODATIONS.
A MOTION HAS BEEN MADE BY MS. DAVIS IN 2 3, 4, 5 5 TO GRANT THE MO GRANT THE REQUEST FOR AN ADDITIONAL DWELLING UNIT, UH, WITH ADDITIONAL CONDITIONS.
IT'S BEEN SECONDED BY MR. NER, UH, DISCUSSION ON THE MOTION.
UM, I MADE THIS MOTION AND SUPPORTING THE MOTION BECAUSE I'M TRUSTING THAT THE HOMEOWNER IS NOT GONNA RENT THE UNIT.
UNDERSTAND THAT IT WILL BE DEED RESTRICTED.
AND, UM, YOU DID GET SUPPORT AND YOU ALSO, YOU ALSO HIGHLIGHTED THAT FIVE OTHER PROPERTIES HAVE THE SAME UNIT.
SO ALL OF THOSE THINGS SWAYED ME TO SUPPORT THE MOTION.
MR. NARY, I, I AGREE WITH MS. DAVIS.
MY PRIMARY CONCERN WAS THE POTENTIAL USE OF THIS AS A RENTAL UNIT.
UM, I DON'T EVEN MIND IF AN A DU IS RENTED PER SE, AS LONG AS THE PROPERTY OWNER IS ON THE PROPERTY AND RESIDES THERE.
BUT WHAT I DON'T LIKE TO SEE ARE INVESTORS AND AIRBNB AND VRBO THAT ARE NOT PRESENT.
SO THE FACT THAT, THAT YOU CHANGED YOUR APPLICATION AND, UH, AGREED TO HAVE THIS DEED RESTRICTED TO PREVENT, UH, RENTAL, UH, IS THE REASON I'M SUPPORTING IT.
DISCUSSION ON THE MOTION, MR. SAUK? SO, UM, MY RESERVATION COMING IN AND I TOO READ, UH, YOUR LETTER AND SAW AND MADE A NOTE ABOUT ALL FIVE.
AN AREA OR RENTAL STRUCK ME AS BEING VERY ODD IN THIS NEIGHBORHOOD THAT THERE WOULD BE RENTALS IN AN AREA LIKE THIS, OF THAT NATURE.
SO THE FACT THAT YOU'VE CHANGED IT, UH, YOU KNOW, I WILL BE SUPPORTING THE MOTION.
OTHER DISCUSSIONS OF THE MOTION? I'LL BE SUPPORTING THE MOTION, UH, AS I SAID EARLIER, GIVEN THAT THE, THE APPLICANT'S MADE A CHANGE, BUT, UH, I COULD HAVE BEEN PERSUADED THE OTHER WAY TOO.
BUT YOU KNOW, WE WANT A CASE BY CASE.
WE'LL CALL FOR A VOTE MS. BOARD SECRETARY IN THE MATTER OF BDA.
2 3 4 DASH 0 5 5 A MOTION BY MS. DAVIS HAS BEEN, MO HAS BEEN MADE TO GRANT THE ADDITIONAL DWELLING UNIT.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 DASH 0 5 5.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO.
GRANT YOUR REQUEST FOR ADDITIONAL DWELLING UNITS.
SUBJECT THE CONDITIONS, UH, STATED.
WE HAVE TWO REMAINING ITEMS ON OUR AGENDA TODAY IS BDA 2 3 4 DASH 0 5 2 BDA 2 3 4 DASH 0 5 2.
THIS IS AT 2 5 1 4 HILLSIDE DRIVE IS THE APPLICANT HERE.
OKAY, SO BEFORE YOU BEGIN, UH, MS. BOARD SECRETARY, DO WE HAVE OTHER SPEAKERS FOR THIS CASE? YES, I BELIEVE THE OTHER APPLICANT, MR. DAVID THOMPSON IS ONLINE? UH, FOUR OR AGAINST? NO, HE'S, UH, HE'S FOUR IS PART OF THE APPLICANT.
UM, SIR, IF YOU GIVE US, OR EXCUSE ME, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
UH, MY NAME IS JEFF CLARITY, I LIVE AT 9 2 4 6 BISCAYNE BOULEVARD, DALLAS, TEXAS 7 5 2 1 8.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
UM, DAVID HAS PURCHASED THIS HOME A FEW YEARS BACK 'CAUSE HE DECIDED TO RENOVATE THE BACKYARD.
LITTLE BIT CLOSER TO THE MICROPHONE.
IS THIS BETTER? THANK YOU SIR.
UM, DAVID HAS PURCHASED HIS HOME A WHILE BACK AND HAS DECIDED TO, UM, MAKE HIS BACKYARD A LOT MORE PRESENTABLE AS LONG AS WELL AS A DRIVEWAY OR A GARAGE THAT HE CAN ACTUALLY PUT HIS CAR INTO.
UM, PRESENTLY GOING UP FROM THE FRONT AND INTO THE BACK.
IT IS SUCH A THIN DRIVEWAY, UH, FROM AS OLD AS IT IS THAT GETTING
[01:25:01]
INTO IT AND BACKING OUT THE CHANCE OF TAKING A MIRROR OFF IS REAL.AND UM, SO THEY PRESENTLY JUST PARKING UP IN THE, IN THE DRIVEWAY.
AND, UM, THIS ALTERATION IS BOTH, UM, YOU KNOW, COSMETIC AS WELL AS UM, UM, FUNCTIONAL FOR THEM.
BEING ABLE TO COME IN THROUGH THE ALLEY AND PARK TWO CARS INTO A GARAGE IS, UH, EXTREMELY BENEFICIAL TO BOTH OF THEM.
UH, CONSIDERING LAKEWOOD, I DON'T KNOW IF ANY OF YOU HAVE LIVED OUT THERE BUT LATELY WE HAVE BEEN A LOT OF SMASH AND GRABS ARE REAL.
UH, SO TO HAVE A PLACE THAT'S SAFE TO PUT YOUR VEHICLE IS GOOD.
UM, I KNOW THAT DAVID WANTS TO TALK A LITTLE BIT ON THIS.
UM, I SENT HIM A TEXT SAYING GET ON IT.
'CAUSE HE'S SITTING IN HIS OFFICE RIGHT NOW WITH HIS VIDEO SCREEN.
HE HASN'T BROUGHT HIMSELF PRESENT.
UM, BUT I WOULD ALSO LIKE TO GIVE SOME TIME TO HIM.
UM, IN REGARDS TO, YOU'LL EACH HAVE FIVE MINUTES.
WELL THEN NEVERMIND DAVID, YOU JUST SIT AND WAIT.
UM,
UH, THE FOUR FOOT VARIANCE WILL ALLOW HIM TO GET THE GARAGE IN A PLACE THAT ALLOWS HIM ALSO TO GET A BACK PATIO, UM, CREATED FOR HIMSELF, UM, SO THAT THEY CAN HAVE A, A BACKYARD THEY CAN ENJOY AT THE SAME TIME A GARAGE THAT THEY CAN USE.
UM, THAT'S ABOUT THE EXTENT OF WHAT I HAVE TO SAY IN REGARDS TO THAT.
THERE ARE SEVERAL DRIVEWAYS IN ON THAT VERY ALLEY THAT YOU HAD SHOWN ON THE VIDEO FROM THE GOOGLE THAT, UM, ONE OF THEM IS AT 11 FEET, UM, OFF THE ALLEY AND THE OTHER ONE IS AT 13 FEET OFF OF THE, UM, THING.
SO THERE ARE TWO THAT ARE LESS THAN WHAT WE'RE REQUESTING.
UH, WE WANT A 16 FOOT, UM, OFF THE ALLEY AND IT COME, THE ALLEY COMES FROM THE CENTER OF THE ALLEY TO THE FRONT, THE DOOR OF THE GARAGE IS WHAT THEY'RE, UM, WHAT THEY'RE SAYING WE SHOULD DO.
IT PUSHES THE GARAGE TOO FAR UP TO WHERE WE'RE, WE'RE GETTING CLOSER TO, UM, LEAVING HIM JUST LIKE THIS LITTLE WALKWAY INSTEAD OF THE BACK PATIO PIECE THAT HE WOULD LIKE TO HAVE OVER THERE.
QUESTIONS THAT THE BOARD HAS OF THE APPLICANT, MR. SAUK.
UM, SO THE, THE PICTURES THAT YOU'VE SHOWN OF, UH, GARAGES SIMILAR IN VARIANCE ARE SETBACK.
ARE THOSE ALL IN THE SAME ALLEY? YES, SIR.
IT'S INTERESTING LOOKING AT THE PICTURES, SIR, ABOUT HOW WE'RE IN, WE'RE BASICALLY CONSIDERING ENFORCING 20 FEET MINUS FOUR, WHICH IS 16 FEET, YET SOME OF THESE ARE RIGHT UP CLOSE TO THE ALLEY.
AND IF RIGHT THERE, THAT ONE RIGHT THERE THAT'S COMING UP, WOBO YOU BACK OUT, YOU'RE GONNA GET YOUR KEER POTENTIALLY CLIPPED.
IF, AND I DON'T SEE MIRRORS AND, AND THAT SORT OF THING.
WELL, I MAYBE I SEE A MIRROR ON THE SIDE THERE.
I BUT STILL ICEC THE MIRROR THERE CAMBRIA.
UM, BUT STILL THAT SOME OF THEM ARE PRETTY CLOSE, WHICH, OH, HERE, THERE, AND SHE GOES RIGHT THERE.
IT LOOKS LIKE A MIRROR UP THERE.
UH, BUT STILL THAT'S, THAT'S YIKES.
AND THIS IS NOT DIRECTLY TO YOU, BUT TO STAFF.
IS THAT GARAGE CONSIDERED CON LEGAL CONFORMING GIVEN HOW CLOSE THAT IS IN THE BACK? MS, UH, MR. THOMPSON OR WHOEVER YOU WANT TO ANSWER THEN, MR. THOMPSON? YEAH, SO THE CODE CHANGE FOR, UM, IN 2010.
SO DEPENDING ON WHEN THIS GARAGE WAS BUILT, AGAIN, IT, IT FALLS INTO OUR, WHAT WE CONSIDER NON-CONFORMING.
SO, UM, AND THEN JUST KIND OF EVEN LIKE LOOKING AT THE MEASUREMENTS, WE WOULD ACTUALLY MEASURE TO THE RIGHT OF WAY, NOT TO THE CENTER OF THE ALLEY.
SO YOU PROBABLY, IF ASSUMING THIS ALLEY IS NO MORE THAN 12 FEET PROBABLY, UH, SO YOU PROBABLY TAKE OFF UNDER SIX FEET FROM THAT.
SO REALLY IT'S ABOUT SEVEN FEET FROM THE GARAGE DOOR TO THE RIGHT OF WAY.
UM, BUT TO SAY THAT SOMETHING IS LEGAL, UM, MY ASSUMPTION WOULD BE THAT IT WAS LEGALLY BUILT, UH, PRIOR TO WHAT THE CURRENT CODE ALLOWS.
BUT JUST THE COMPARISON I'M TRYING TO GIVE YOU AS THE APPLICANT, OUR CRITERIA IS 20 AND WHY SHOULD IT BE LESS THAN 20? AND SO YOU'RE ASKING SIX FOR 16 TO FOUR VARIANCE, AND THEN I SEE THESE OTHERS RIGHT CLOSE.
SO YEAH, I GET YOU, I GET YOU EVER-CHANGING CODE MS. HAYDEN.
SO ONE OF THE STANDARDS WE HAVE TO LOOK AT IS THAT THIS, THIS, UH, VARIANCE IS NOT GRANTED TO RELIEVE A SELF-CREATED HARDSHIP.
SO I GUESS MY QUESTION IS WHY CAN'T THE GARAGE BE PUSHED FURTHER FOUR FEET
[01:30:01]
FURTHER IN? I KNOW YOU SAID THERE WAS A PATIO THERE, BUT IT SEEMS LIKE, UM, IT SEEMS LIKE THAT MIGHT BE A SELF-CREATED HARDSHIP.SO I, I WOULD LIKE A LITTLE BIT MORE TESTIMONY TO CONVINCE ME THAT IT'S, IT'S NOT A SELF-CREATED HARDSHIP.
WELL, UM, LIKE, LIKE INITIALLY WE WERE SAYING IF WE DO PUSH THIS FORWARD AND WHAT IT'S DOING IS IT'S FORCING THE PATIO UP ONTO THE HOUSE.
WE'RE NOT ALLOWED TO TOUCH ANYTHING WITH THIS NEW, THESE NEW STRUCTURES TOUCH THE HOUSE WITH IT, WE'VE GOTTA PULL OFF OF IT IN ORDER TO NOT BE IN CONSIDERED AN ADDITION TO THE PROPERTY.
AND SO BY DOING THIS THERE, IT'S ALLOWING US TO BRING THIS, IF I BRING IT IN FOUR FEET MORE, I REALLY CAN'T COMPLETE WHAT THEY'RE TRYING TO DO WITH THE, WITH THE IDEA AND FIT A CAR IN THE GARAGE.
I DON'T KNOW IF THAT ANSWERS THAT QUESTION OR NOT, BUT THAT'S KIND OF OKAY.
OTHER QUESTIONS FOR THE APPLICANT? IF NOT, WE'LL GO TO THE OTHER SPEAKER.
LET'S GO TO THE OTHER SPEAKER.
MR. DAVID THOMPSON, IF YOU CAN PLEASE PROVIDE VIDEO AND AUDIO.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE PROVIDE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I'M DAVID THOMPSON, THE HOMEOWNER AT 2 5 1 4 HILLSIDE DRIVE, UH, DALLAS.
SO, UH, THE, THE BIG REASON WHY WE'RE LOOKING FOR THIS VARIANCE IS, UH, IF YOU LOOK AT THE POSITION OF THE GARAGE VERSUS THE HOUSE, UH, IF WE'RE TO COMPLY WITH THE 20 FOOT STANDARD FROM THE PROPERTY LINE, WHICH IS I BELIEVE THE CENTER OF THE ALLEY, UH, TO THE GARAGE DOOR AND BE ABLE TO PUT A CAR INTO THE GARAGE, THAT WILL PUSH THE BACK WALL OF THE GARAGE UP TO WITHIN ABOUT, UH, SIX FEET OF THE CORNER OF THE EXISTING STRUCTURE OF THE HOUSE.
AND, UH, YOU KNOW, PART OF WHAT WE'RE TRYING TO ACCOMPLISH IN, UH, TURNING THE GARAGE AROUND SO THAT IT FACES ONTO THE ALLEY AS OPPOSED TO ONTO A LONG DRIVEWAY, IS WE'RE TRYING TO RECLAIM THAT DRIVEWAY SPACE AS BACKYARD.
WE'D LIKE TO MAKE THAT SOFT SPACE, GREEN SPACE NOT HARD HARDSCAPE.
AND, UH, IF THAT GARAGE WALL GETS PUSHED BACK TO WHERE IT'S SIX FEET AWAY FROM THE HOUSE, IT CREATES A VERY AWKWARD PASSAGEWAY FROM THE, UH, EXISTING BACKYARD SPACE ON THE EAST SIDE OF THE STR OF THE, THE HOUSE, UH, VERSUS WHAT WILL NOW BE A, A NEW SOFTSCAPE SPACE WHERE THE DRIVEWAY IS ON THE NORTH SIDE OF THE HOUSE.
AND BETWEEN THOSE TWO WILL BE A VERY, VERY NARROW PASSAGEWAY THAT WILL BE VERY AWKWARD.
AND UH, YOU KNOW, YOU WERE LOOKING AT SOME OF THOSE DIAGRAMS THAT WE SUBMITTED SHOWING THE, UH, OTHER STRUCTURES ON THE ALLEY AND, YOU KNOW, THE ISSUE THAT WAS RAISED AROUND THE SHORT DRIVEWAY AND, AND THE POTENTIAL TO BACK UP AND, AND YOU KNOW, HAVE SO HAVE A COLLISION REALLY ISN'T AMELIORATED BY EXTENDING THE, THE DISTANCE FROM THE CENTER OF THE ALLEY TO THE GARAGE DOOR.
UM, WHETHER YOU'RE EXITING WITH THE VEHICLE FROM THE GARAGE INTO THE ALLEY OR FROM A DRIVEWAY INTO THE ALLEY, UM, THE VISIBILITY IS THE SAME.
UH, SO, YOU KNOW, WE DIDN'T BELIEVE THAT WE'RE CREATING ANY ADDITIONAL HAZARD, UM, BY TRYING TO HAVE OUR GARAGE POSITIONED IN A COMPARABLE, IN A COMPARABLE DISTANCE, UH, FROM THE PROPERTY LINE, UH, AS YOU KNOW, THE OTHER STRUCTURES ON THAT ALLEY.
UM, AND YOU KNOW, WE, WE DID GO AROUND AND SURVEY, UH, YOU KNOW, I KNOCKED ON EVERY DOOR OF EVERY HOUSE THAT THAT'S BACKS ONTO THAT ALLEY.
UH, AND UM, FOR ALL THE ONES WHO ANSWERED OVER THE, THE COUPLE OF WEEKENDS THAT I WALKED AROUND AND DID THAT, UH, NOBODY HAD ANY ISSUE WITH IT.
EVERYBODY WAS SUPPORTIVE OF THE VARIANCE, UH, AND NOBODY OBJECTED TO IT.
UM, UH, YOU KNOW, THERE WERE OF COURSE SOME PEOPLE WHO WEREN'T HOME, BUT FOR EVERYBODY WHO WAS, UH, THEY DID NOT OBJECT AND NONE OF THE PROPERTIES THAT ACTUALLY ARE DIRECTLY ADJACENT TO OURS, ALL OF THEM DID, UH, SUPPORT THE VARIANCE REQUEST QUESTIONS FOR THIS APPLICANT.
I, I'LL GIVE YOU, I'LL GIVE YOU A QUESTION OR FEEDBACK.
UH, I'M LOOKING AT THE SUBMISSION THAT WE RECEIVED, UM, IN, UM, I DON'T THINK THESE ARE EMAILS.
THIS IS JUST AN ADDITIONAL APPLICANT SUBMISSION THAT WAS KIND OF A, UM, PETITIONS FOR
[01:35:01]
DIFFERENT NEIGHBORS AND SIGNATURES AND THEN A MAP.UM, AND THERE'S, THERE'S ONE EMAIL IN HERE.
I PASSED THIS DOWN EARLIER TODAY, BOARD MEMBERS AND THEN THE ACTUAL OFFICIAL, UH, DETERMINATION MAP THAT WE RECEIVED AND THE YESES WITHOUT THE OPPOSITION, THAT IS VERY CONSISTENT.
WHAT I'M TRYING TO SAY TO YOU IS, UH, THAT IS VERY CONSISTENT WITH ONE OF OUR CRITERIA IS NOT, NOT CONTRARY TO PUBLIC INTEREST.
SO IT'S IMPORTANT FOR US, NOT THAT YOU GET APPROVAL, NOT THAT YOU GET UNANIMITY, NOT THAT YOU GET MAJORITY, IT'S JUST THAT YOU SEEK FEEDBACK AND THAT YOU INFORM THE, THE NEIGHBOR BECAUSE I, I DON'T EVER, I DON'T, I'M NOT BOUND AS A BOARD MEMBER BY WHAT THE MAJORITY IS.
UM, BUT I AM BOUND WITH BEING SENSITIVE TO FULFILLING OUR CRITERIA OF NOT CONTRARY TO PUBLIC INTEREST.
SO WHAT I'M TELLING YOU IS YOU'VE DONE A GOOD JOB OF THAT, UM, AT LEAST FROM WHAT THE INFORMATION WE'VE RECEIVED.
SO THANK YOU AND I APPRECIATE YOU ENGAGING YOUR NEIGHBORS 'CAUSE THAT IS PART OF THE PROCESS.
WHAT QUESTIONS, WHAT OTHER QUESTIONS DO WE HAVE FOR MR. THOMPSON? MS. HAYDEN? UM, IT LOOKS LIKE THERE'S A, THERE'S AN UPSTAIRS ON THIS.
SO IS THE UPSTAIRS LIKE, UM, AN ADDITIONAL DWELLING UNIT OR IS IT
I JUST WANTED TO SEE WHAT THE USE OF THAT GUEST UPSTAIRS SPACE WOULD BE.
WE'RE WE WERE INTENDING IT FOR B TO BE GUEST QUARTERS FOR WHEN WE HAVE VISITORS.
SO YOU, I'M SORRY, YOU SAID GUEST GUEST QUARTERS.
NO, NO DESIRE OR INTENTION TO RENT THAT SPACE.
UH, SO VERY GOOD CATCH MS. HAYDEN QUESTION COMING TO STAFF.
SO WHAT'S GONNA HAPPEN, WHAT WE PRESUME HERE IS THE GARAGE WILL BE TORN DOWN AND A NEW STRUCTURE WILL BE BUILT AT A DIFFERENT LOCATION WITH UPSTAIRS.
IS THAT, DOES THAT QUALIFY AS AN ADDITIONAL DWELLING UNIT? DOES THAT REQUIRE AN ADDITIONAL DISCUSSION AND NO PERMITTING? IS THAT RELEVANT TO THIS CASE? UH, TELL ME, TELL US HOW WE SHOULD OR SHOULD NOT REACT TO THAT.
I'M GONNA SEE, BECAUSE IT IS IN THE CONSERVATION DISTRICT, I WANT C TWO, CD TWO, I DON'T WANNA MISSPEAK.
UM, I'M GONNA SEE IF I CAN GET TREVOR DOWN HERE TO BETTER EXPLAIN HOW THEY LOOK AT IT.
I THINK THAT WOULD BE APPROPRIATE.
SO WE'LL PUT A PAUSE, WE'LL BLAME YOU FOR THAT.
AND THEN IF IT, UM, IF IT IS A POSSIBILITY THAT IT COULD BE RENTED MM-HMM? CAN WE PUT LANGUAGE IN? WELL, I DON'T KNOW.
I'M GONNA TURN TO OUR BOARD ATTORNEY.
I DON'T THINK IT'S, WE POSTED THIS AS IT RELATES TO THAT ISSUE, SO I DON'T THINK WE CAN SAY ANYTHING ON THAT ISSUE.
RIGHT? THAT'S ABSOLUTELY CORRECT.
WE WOULDN'T BE ABLE TO DECIDE ON IT.
IT'S JUST IF THERE'S AN A DU ISSUE, WE'D HAVE TO POSTPONE IT.
AND WE'D HAVE TO POSTPONE THE WHOLE THING PROBABLY.
SO DO YOU WANT ME TO TAKE A 10 MINUTE RECESS? YES, THAT WOULD BE GREAT.
I'M GONNA TRY TO, UM, GET HIM OR MAKE SURE.
UH, IS 10 MINUTES ENOUGH TO GET HERE AND BE PREPARED? YES.
SO THE BOARD OF ADJUSTMENT AT 2:38 PM ON THE, UH, 21ST OF MAY IS GONNA GO, IS GONNA RECESS UNTIL, UH, TWO 40 PLUS 10, 2:50 PM RECESS AT 2:39 PM TILL 2:50 PM TURN OFF YOUR MONITORS.
SO WE'LL BE BACK IN 10 MINUTES.
UH, IT'S 2:50 PM THE BOARD OF ADJUSTMENT AND PAN, UH, BOARD OF ADJUSTMENT PANEL A AT UH, 2:50 PM ON MAY 21ST.
UH, WE'RE DEALING WITH CASE NUMBER BDA 2 3 4 DASH 0 5 2.
WE WERE HAVING A CONVERSATION AS IT RELATES TO, UM, THE APPLICANT'S REQUEST FOR FOUR FEET OFF STREET PARKING, UM, VARIANCE.
AND, UH, MS. HAYDEN VERY INSIGHTLY LOOKED AT THE DRAWING SUBMITTED AND SAID, OOH, LOOKS LIKE THE NEW STRUCTURE IS GOING TO BE AN A DU OR AN ACCESSORY OR ADDITIONAL DWELLING UNIT.
AND THE QUESTION WAS, HOW DOES THAT IMPACT OUR DECISION OR DECISION MAKING PROCESS? SO, UM, I REQUESTED THE BOARD ADMINISTRATOR COMMENT, SHE ASKED FOR ADDITIONAL STAFF RESOURCES AND THEREFORE I WILL NOW TURN BACK TO YOU, MS. BOARD ADMINISTRATOR.
YES, I WILL DEFER TO MR. TREVOR BROWN, WHO IS THE CHIEF PLANNER FOR OUR CONSERVATION DISTRICT.
IF YOU GIVE US FULL NAME AND ROLE, PLEASE FOR THE RECORD.
TREVOR BROWN, CHIEF PLANNER FOR CONSERVATION DISTRICTS.
[01:40:01]
YOU SIR.WE'RE DEALING WITH 2 3 4 0 4 0 5 2 AT 2 5 1 4 HILLSIDE DRIVE AND THIS SAYS THAT IT IS BLOCK H 27 94, LOT FIVE ZONED CD TWO TRACK ONE.
SO DO WE HAVE ISSUES AS IT RELATES TO AN ADDITIONAL DWELLING UNIT ON TOP OF A GARAGE THAT'S PROPOSED? ALWAYS BEWARE A CITY EMPLOYEE FLIPPING THROUGH A A BOOK PAGE AFTER PAGE
THEY'RE LOOKING FOR THE, THE EXCEPTION OR THE, UH, THE LINE ITEM.
CAN YOU TELL ME WHAT PAGE YOU SAW THAT DRAWING MS. HAYDEN CAUSING ALL OUR MISCHIEF ON ONE 40 ON YOUR MICROPHONE PLEASE? ONE, ONE FORTY SIX AND 1 47 ON 1 47.
I THINK IT SHOWS, UM, THE BOTTOM LEFT OF THE PAGE KIND OF CENTER LEFT.
THERE'S A BATHROOM, BUT I MEAN, I DON'T KNOW, MAYBE IT DOESN'T HAVE ALL THE THREE CRITERIA.
IT MIGHT JUST BE THE BATHROOM AND ALSO THE APPLICANT CONFIRMED IT.
MR. BROWN OR I'LL, I'LL FIRST DEFER TO MY BOARD ADMINISTRATOR AND THEN LET HER YES.
SO WE CAN GO, UM, TO MR. UM, BROWN.
WE WERE JUST TRYING TO PULL THIS PLAN UP.
SO WHAT IS THE, THE QUESTION SPECIFICALLY PLEASE? SO WHAT'S BEFORE US IS ASKING FOR A, UH, VARIANCE TO THE PARKING REGULATIONS.
A VARIANCE OF FOUR FEET OFF STREET PARKING IN ORDER TO MOVE, CREATE, MOVE, CREATE A NEW GARAGE FOUR FEET CLOSER TO THE BACK YARD, BACK THE, TO THE 20 FOOT SETBACK.
AND THE NEW STRUCTURE AS PROPOSED HAS AN UPSTAIRS LIVING QUARTERS, WHEREAS THE CURRENT GARAGE IS JUST A GARAGE.
AND SO WE'RE PAUSING TO MAKE SURE WE DON'T APPROVE SOMETHING THAT WE ARE NOT FULLY AWARE OF WHAT WE'RE APPROVING BEING THE UPSTAIRS DWELLING UNIT.
SO IN ORDER TO BE CONSIDERED A DWELLING UNIT, IT HAS TO HAVE A KITCHEN, A BATHROOM, AND A BEDROOM.
DOES IT? AND IN ORDER TO BE CONSIDERED A KITCHEN, IT HAS TO HAVE A SINK, A REFRIGERATOR, A COOKTOP, WOW.
UH, AND IN THIS PARTICULAR INSTANCE, ONLY CLOSER TO THE MICROPHONE PLEASE.
IT ONLY INDICATES A SINK IN A REFRIGERATOR, NOT MEETING THE CRITERIA FOR A KITCHEN.
WOULD YOU REPEAT THE COMPONENTS? 'CAUSE I'M GONNA WRITE DOWN SO I CAN TRY TO REMEMBER.
SO THIS IS, UH, NO, NOT WHAT THIS IS WAY PARA, BUT WHAT THE, WHAT YOUR STANDARD IS, RIGHT? SO A KITCHEN MUST HAVE A SINK, A REFRIGERATOR, AND A COOKTOP, OVEN RANGE, SOMETHING OF THAT EFFECT.
ALL THREE, A SINK, SINK, A REFRIGERATOR, AND AN OVEN OR RANGE IS THAT, THAT'S WHAT'S CONSIDERED A KITCHEN, CORRECT? UH, AND THEY, UH, ISN'T IT A BEDROOM, KITCHEN AND THE THIRD THING AND A BATHROOM? CORRECT.
AND WHAT YOU'RE SAYING, ACCORDING TO THE PLANS, IT HAS A BATHROOM, IT HAS A BEDROOM, BUT IT DOES NOT HAVE A SINK.
UH, I DON'T KNOW IF THIS QUESTION IS TO YOU, MR. THOMPSON OR TO YOU, MR. CLARITY, BUT SINCE YOU'RE THE OWNER, MR. TO MR. THOMPSON, I'LL ASK IT OF YOU.
WHAT ARE YOUR INTENTIONS IN THAT UPPER SPACE AND YOUR, ON YOUR YEAH, SO THE, THE INTENTION IS THAT THAT WILL BE GUEST SPACE, YOU KNOW, SO IF GUESTS ARE WITH US FOR AN EXTENDED STAY, THEY COULD BE UP THERE FOR A COUPLE OF WEEKS.
UH, IT WOULD BE OFFICE BASED AND STORAGE SPACE.
UH, THOSE ARE THE THREE INTENTIONS.
WE HAVE NO INTENTION WHATSOEVER OF RENTING IT OUT UNDER ANY CIRCUMSTANCES, WHETHER SHORT OR LONG TERM.
I, I'M GONNA ASK YOU 'CAUSE IT ECHOED AND I DIDN'T, I COULDN'T HEAR YOU CLEARLY.
SO IF YOU WOULD SPEAK A LITTLE BIT CLOSER TO WHATEVER MICROPHONE YOU HAVE.
SO IT, WHAT IT'S MEANT TO BE IS, YOU KNOW, IF MY IN-LAWS COME FOR A COUPLE OF WEEKS, THEY HAVE A, A PRIVATE SPACE THAT THEY CAN STAY IN THERE WITH A BATHROOM AND A GUEST ROOM, YOU KNOW, AND A BED.
UM, WHEN WE DON'T HAVE GUESTS, WE'LL USE IT AS OFFICE SPACE AND STORAGE.
AND THERE'S NO INTENTION TO RENT THIS, THIS SPACE OUT.
NOT FOR LONG OR SHORT TERM RENTAL USE.
NOT, NO INTENTION TO RENT IT OUT UNDER ANY CIRCUMSTANCES.
UH, WELL THAT'S, I JUST WANTED TO
[01:45:01]
HEAR AN ANSWER, NOT NECESSARILY THAT ANSWER, BUT OKAY.YOU HEARD THE PROFESSIONAL STAFF, MR. TREVOR BROWN COMMENT THAT YOUR PLAN SAID IT CALLS FOR A KITCHEN WITH A SINK AND A REFRIGERATOR, BUT NOT AN OVEN, A BEDROOM AND A BATHROOM.
IS THAT, IS THAT CORRECT OR ARE THOSE PLAN, IS HIS INTERPRETATION INCORRECT? HIS INTERPRETATION IS CORRECT.
TEND TO HAVE A MINI FRIDGE AND A SINK.
ALRIGHT MS. ALRIGHT, SO I, UH, ALRIGHT, I HEARD WHAT YOU SAID.
JUST SO I'M CLEAR, BECAUSE WE'VE HAD A LOT OF DISCUSSION ABOUT ADDITIONAL DWELLING UNITS AND ACCESSORY DRILLING UNITS TODAY.
SO IF IT, IF IT DOESN'T HAVE A FULL KITCHEN WITH A COOKTOP OR ALL THREE OF THOSE THAT YOU MENTIONED EARLIER, THE REFRIGERATOR, THE SINK, AND THE COOKTOP OR RANGE OR OVEN, UM, THEN IS IT NOT CONSIDERED AN ADDITIONAL DWELLING UNIT? IT'S NOT CONSIDERED ANY KIND OF A DU AT ALL.
IT'S NOT CONSIDERED A DWELLING UNIT AT ALL.
IT'S JUST ADDITIONAL LIVING SPACE FOR THE HOME OR WHATEVER.
IT'S NOT ADDITIONAL LIVING UNIT.
SO THE PROPERTY OWNER CAN DO THAT BY, RIGHT? YES.
THE ORDINANCE ALLOWS FOR ONE DWELLING UNIT PER LOT AND IF THEY WANTED TO HAVE AN A DU, THEY COULD COME TO THE BOARD FOR THAT.
BUT FROM WHAT YOU ARE SEEING AND WHAT YOU'VE HEARD, THAT DOESN'T, IT'S NOT A DWELLING THAT DOES NOT, THEY CAN DO THAT BY RIGHT.
THAT DOES NOT TRIGGER ANYTHING UNDER THE ORDINANCE.
THAT'S, THIS IS WHAT I WANTED TO HEAR.
SO JUST TO MAKE SURE THERE'S NOTHING STOPPING THEM FROM COMING IN AND GUTTING THAT KITCHEN AREA AND PUTTING IN A FULL KITCHEN.
BUT IF, IF THEY ARE GOING TO CREATE AN A DU, THEY'VE GOTTA GO THROUGH A PROCESS AND GET IT PROPERLY APPROVED OR ELSE THEY'RE IN VIOLATION.
THAT QUESTION IS, TO WHOM? I'M NOT SURE.
I DON'T KNOW IF THAT'S TO THE ATTORNEY OR, UH, TO THE PLANNER.
I CAN TAKE A STAB AT IT AND TREVOR, YOU UH, IF I GET IN TROUBLE YOU HELP ME OUT.
BUT I, I THINK THE ANSWER IS IF THEY, IF SOMEBODY WERE TO HYPOTHETICALLY OF COURSE COME IN AND MAKE THOSE REPAIRS WITHOUT THE PROPER PERMITS, THEY WOULD BE IN VIOLATION AND THEY WOULD'VE TO COME BEFORE THE BOARD TO GET A VARIANCE FOR AN A DU, EXCUSE ME, SPECIAL EXCEPTION FOR AN A DU, WHICH WOULD THEN BE TIED TO THE DEED RESTRICTION AND UH, FLOW WITH THE LAND.
I JUST WANTED TO MAKE SURE WE WERE PROTECTED AND IT SOUNDS LIKE WE ARE.
SO TO FOLLOW UP ON THAT, OUR MOTION, IF WE WERE TO APPROVE THIS SAYS COMPLIANCE WITH MOST READS VERSION OF ALL SUBMITTED SIDE PLANS.
THE SIDE PLANS HERE AS INTERPRETED BY THE STAFF COLLECTIVELY REFERENCE A SINK, A REFRIGERATOR, A BEDROOM, A BATHROOM, BUT NO OVEN, WHICH DOES NOT TRIGGER THE A DU.
SO THEREFORE IF ANYTHING'S BUILT THAT'S OUTSIDE OF THE SITE PLANS, IT WOULD BE INCONSISTENT WITH WHAT OUR POTENTIAL APPROVAL IS.
MR. ATTORNEY? THAT'S CORRECT SIR.
DID YOU WANNA MAKE ANY OTHER COMMENT MR. THOMPSON? OR IS EVERYTHING WE SAID IN THE CORRECT INTERPRETATION? NO, I'M COMFORTABLE WITH EVERYTHING YOU SAID.
THIS CONFORMS WITH MY UNDERSTANDING.
WHAT WAS THAT? I SAID IT CONFORMS WITH MY UNDERSTANDING OF THE RESTRICTIONS AND THE OFFICES.
SO, QUESTIONS FOR STAFF OR THE APPLICANT ON THE REQUEST THAT'S PENDING BEFORE US.
MR. BROWN, THANK YOU VERY MUCH FOR COMING IN AND GIVING US YOUR PROFESSIONAL INTERPRETATION.
THE CHAIR WOULD ENTERTAIN A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH 0 5 2 ON AN APPLICATION OF JEFF CLARDY GRANT THE FOREFOOT VARIANCE TO THE OFF STREET PARKING 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 PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN 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.
A MOTION HAS BEEN MADE BY MR. SAUK ON BD EIGHT, UH, 2 3 4 0 5 2 TO GRANT THE REQUEST FOR FORFEIT VARIANCE TO OFF STREET PARKING REGULATIONS.
IS THERE A SECOND? I'LL SECOND.
DISCUSSION OF THE MOTION MR. SAUK? WELL, I THINK YOU KNOW WHAT WAS HELPFUL FOR ME IN MY FINAL DETERMINATION WAS THE OTHER, UH, CARPORTS OR GARAGES, UH, IN THEIR SETBACK.
AND THE FACT THAT THIS ONE IS 16 FEET,
[01:50:01]
UH, SEEMED TO BE SAFE IN MY OPINION.AND, UH, IT, IT SEEMED TO BE THE ONLY WAY TO MAKE THIS HAPPEN ON THIS LOT, UH, WITHOUT TRIGGERING OTHER VIOLATIONS.
SO, UH, THAT WAS THE BASIS FOR MY DECISION.
MS. HAYDEN? UM, SO AS I MENTIONED EARLIER, THE ONLY STANDARD I WAS STRUGGLING WITH WAS THE, UH, VARIANCE WAS NECESSARY, UM, UH, OR WOULD NOT BE GRANTED TO RELIEVE A SELF-CREATED HARDSHIP.
BUT I THINK THE DISCUSSION AND LOOKING AT THE PLANS, IT'S, IT'S PRETTY CLEAR THAT ONCE YOU GO BACK THE FULL 20 FEET AND THEN HAVE ENOUGH ROOM TO ACTUALLY PARK A CAR WITHOUT ENCROACHING INTO THE HOUSE OR AWKWARDLY TOO CLOSE TO THE HOUSE, UM, WOULD, UM, CREATE A, A HARDSHIP THAT'S NOT SELF-CREATED.
OTHER DISCUSSION ON THE MOTION? I'M IN AGREEMENT.
I THINK THAT, UM, THE CLAR THE CLARIFICATION ABOUT WHAT THE IS GONNA BE ABOVE THE STRUCTURE, IT CALMS ME ON THAT FRONT.
UM, AND WILL TAKE YOU AT YOUR WORD OF WHAT YOU'RE SAYING AND YOUR INTERPRETATION OF, UM, OF YOUR DOCUMENTS.
'CAUSE THAT'LL BE PART OF THE APPROVAL PROCESS HERE.
UM, AND I THINK YOU'RE RIGHT MR. SAK, IT SEEMS LIKE IT'S PRETTY, I DON'T WANNA SAY COMMON, BUT IT'S OFTEN DOWN THAT ALLEY FOR THAT ACCESS.
AND THIS IS MORE RESTRICTIVE THAN MOST OF THESE OTHERS.
SO, SO I'LL BE SUPPORTING THE MOTION.
AND I ALSO, AS I SAID EARLIER, YOUR SOLICIT, YOUR OUTREACH TO YOUR SURROUNDING PROPERTY OWNERS WAS VERY GOOD AND VERY STRONG.
SO, DISCUSSION, IN THEIR DISCUSSION.
THE MOTION HEARING NONE, MS. BOARD SECRETARY, THE MOTION ON THE FLOOR IN BDA 2 3 4 DASH 0 5 2 IS TO GRANT FOREFOOT VARIANCE TO OFF STREET PARKING REGULATIONS.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 DASH 0 5 2.
THE BOARD GRANTS THE FOUR FOOT VARIANCE, THE OFF STREET PARKING REGULATIONS BY A VOTE TO FIVE TO ZERO.
AND UNANIMOUSLY YOU'LL BE GETTING A LETTER FROM OUR BOARD ADMINISTRATOR GOING FORWARD.
OUR LAST CASE TODAY, UM, IS BDA 2 3 4 DASH 0 6 7 BDA 2 3 4 DASH 0 6 7.
THIS IS AT 7 0 2 3 ORLE DRIVE.
IS THE APPLICANT HERE PRESENT? YOU ARE.
UM, IF YOU'D GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY'S GONNA SWEAR YOU IN.
AND I ASKED FOR YOUR PATIENCE.
I'M LOSING MY VOICE A LITTLE BIT, SO HOPEFULLY GO A LITTLE BIT, GO CLOSER TO I'M I I WAS JUST SAYING I'M LOSING MY VOICE A LITTLE BIT, SO.
UH, FOR THE RECORD, MY NAME IS DANIEL BOX, ZONING ATTORNEY WITH WINSTED PC OFFICE IS LOCATED AT 27 28 NORTH HARWOOD STREET.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
MS. BOARD SECRETARY, DO WE HAVE ANY OTHER SPEAKERS? UH, YES SIR.
WE HAVE UM, WE HAVE TWO OTHER SPEAKERS IN FAVOR AND ONE IN OPPOSITION.
TWO IN FAVOR AND ONE IN OPPOSITION.
OUR RULES OF PROCEDURE ARE SUCH THAT THE APPLICANT, UM, SPEAKS FIRST, UM, MAKES A PRESENTATION AND I'LL, I'LL GRANT YOU FIVE PLUS OR MINUS MINUTES, WHATEVER TIME I GIVE YOU AS AN APPLICANT, I GIVE TO EVERYONE INVOLVED.
SO I'LL BE REASONABLE WITH YOUR WHATEVER TIME YOU NEED TO PRESENT YOUR CASE.
UH, THERE MAY BE QUESTIONS FROM THE BOARD AFTER YOU MAKE YOUR PRESENTATION.
UH, AND THEN I WILL GO TO THE OTHERS, OTHERS THAT WANT TO SPEAK IN FAVOR.
UM, AND THEN THE PERSON YOU SAID TWO IN ONE, RIGHT? MARY AND THEN THE ONE PERSON THAT IS IN OPPOSITION.
AND THEN YOU AS THE APPLICANT WILL BE GIVEN A FIVE MINUTE REBUTTAL AT THE END.
SO THAT'S OUR RULES OF PROCEDURE AND I NEED TO BE FAIR WITH EVERYONE ON THEIR TIME.
SO WHATEVER TIME I GIVE YOU, I NEED TO GIVE EVERYONE ELSE.
SO, UM, IF YOU CAN GO AHEAD AND PROCEED.
AND THANK YOU FOR THAT MR. CHAIR.
UH, FOR THE RECORD WITH ME HERE TODAY, I KNOW WE'VE ALREADY TALKED ABOUT IT OR REPRESENTATIVE OF THE APPLICANT AND ALSO THE HOME BUILDER HIMSELF.
IF WE GO TO THE NEXT SLIDE, PLEASE.
IT'S JUST AN AERIAL OF THE SITE SHOWING YOU WHAT YOU ALREADY DISCUSSED DURING THE BRIEFING SESSION, WHICH IS THAT WE HAVE TWO APPLICABLE, UH, FRONT YARD SETBACKS AT OUR SITE 'CAUSE IT'S A CORNER LOT.
UH, YOU'LL SEE HERE'S A SUMMARY OF THOSE REQUESTS.
[01:55:01]
WE HAVE A FRONT YARD SETBACK VARIANCE TO ALLOW THE POOL AND I WILL NUANCE THAT A LITTLE BIT MORE WHEN WE GET TO OUR NEXT SLIDE.BUT THEN ALSO A SPECIAL EXCEPTION TO ALLOW THE OPACITY OF THE FENCE TO BE LOCATED RIGHT THERE ON THE LOT LINE AS OPPOSED TO FIVE FEET BACK.
AND THEN A FENCE HEIGHT, SPECIAL EXCEPTION TO ALLOW A SIX FOOT, UH, SIDE YARD, UH, FENCE.
HERE'S A VISUAL SHOWING THOSE REQUESTS.
YOU CAN SEE IN BLUE THE SPECIAL EXCEPTION REQUEST FOR THE FENCE.
IT'S REALLY WHAT WE'RE HERE TODAY IS TO DISCUSS THIS POOL, WHICH THE CODE DEFINES AS A STRUCTURE AND SO IS CONSIDERED AN ENCROACHMENT INTO THE SETBACK.
NOW I DO WANNA DRAW EVERYBODY'S ATTENTION TO THE LOWER HALF OF THIS SLIDE WHERE WE'RE CALLING OUT SIX INCH SLIVERS OF PERMITTED HOME WITHIN THE SETBACK, THIS HOUSE.
SO TO DESCRIBE A LITTLE BIT THE PROGRAM, THIS PROJECT INCLUDES THE HOUSE, THE SWIMMING POOL, AND THE FENCE.
THIS, THE HOUSE AND THE, AND THE FENCE ARE BOTH EXISTING.
THEY WENT THROUGH SITE PLAN REVIEW, AND PERMITS WERE ISSUED FOR BOTH OF THOSE.
AND WE, WE THOUGHT THAT WE WERE UNDER COMPLIANCE.
IT WAS WHAT WE, ONCE WE WENT TO SUBMIT FOR POOL PERMITS THAT WE REALIZED THAT THERE WERE POTENTIALLY SETBACK ISSUES HERE, AND THAT'S WHAT BROUGHT US BEFORE YOU HERE TODAY.
SO I'M CALLING OUT THESE SIX INCH SLIVERS OF PERMITTED HOME BECAUSE UNDER THE PERMITTED THE PERMITTED PLANS, THE HOME IS ENTIRELY COMPLIANT WITH THE SETBACK.
HOWEVER, AFTER IT WAS CONSTRUCTED, WE WENT AND WE MEASURED THAT SETBACK.
AND IT IS POSSIBLE, ALTHOUGH WE ARE NOT CERTAIN THAT THE HOME ENCROACHES MAYBE FIVE AND A HALF INCHES INTO THAT SETBACK.
SO JUST OUT OF AN ABUNDANCE OF CAUTION, WE WENT AHEAD AND INCLUDED THAT TO OUR REQUEST HERE.
BUT WE'RE, UH, JUST AGAIN TO REITERATE, WE'RE NOT EVEN SURE THAT THAT REQUEST IS NECESSARY NEXT TIME.
I'M NOT GONNA TAKE THE, OH, HOLD, HOLD A SECOND.
I'M NOT GONNA TAKE AWAY FROM YOUR TIME.
YOU'RE SAYING THAT THE HOME THAT WE SAW ON OUR BRIEFING THIS MORNING IS OVER THE SETBACK LINES WE'RE NOT 'CAUSE WE WERE UNDER, FROM WHAT I UNDERSTOOD HERE, IT WAS THE FENCE AND THE OPACITY OF THE FENCE AND THE HEIGHT OF THE FENCE.
NOW YOU'RE SAYING IT'S YOUR HOME STRUCTURE.
WE'RE NOT ENTIRELY SURE IF THE HOME STRUCTURE ACTUALLY DOES ENCROACH.
WE'RE JUST ADDING IT TO THE REQUEST AS AN ABUNDANCE OF CAUTION.
BUT IT WAS PERMITTED WHEN IT, AND CONSTRUCTED IN ACCORDANCE WITH THE, THE, UH, THE PERMITS THAT WERE RELEASED.
UH, THOSE PERMITS SHOWED A 25 FOOT SETBACK AFTER CONSTRUCTION.
IT'S POSSIBLE THAT WE, THAT THERE MIGHT HAVE BEEN A LITTLE BIT OVER.
AND SO WE WERE JUST ADDING THAT AT AN ABUNDANCE OF REQUEST IN, IN WHAT'S PRESENTED TO US.
MS. BOARD ADMINISTRATOR IS THERE THAT REQUEST? I DON'T SEE IT.
I ONLY SEE REQUEST FOR VARIANCE OF THE FRONT YARD SETBACK, WHICH IS FENCE, THE SPECIAL EXCEPTION FOR THE FENCE AND THE HEIGHT OF THE FENCE.
SO I AM CONFUSED AS TO WHAT THE APPLICANT IS SAYING IS PART OF HIS REQUEST VERSUS WHAT WE HAVE BEFORE US.
SO THAT REQUEST, WHAT WHAT HE STATED IS NOT THE REQUEST.
WHAT'S BEEN, WHAT HAS BEEN STATED IS NOT THE REQUEST THAT CAME BEFORE US.
SO, MR. BOARD
I I, MY UNDERSTANDING WAS THAT HIS, THE ENCROACHMENT THAT HE'S REFERRING TO IS THE VARIANCE.
IS THAT NOT THE CASE? NO, HE'S TALKING ABOUT TO THE HOW HOME STRUCTURE.
THE HOME STRUCTURE BEING THE POOL.
NO, WE, WE ARE TALKING ABOUT THE HOME STRUCTURE AS WELL.
SO THERE'S A FOURTH WE A POTENTIALLY A FOURTH ITEM THAT HE'S REFERRING TO THAT IS NOT, NOT OKAY.
WE, WE ARE TALKING ABOUT THE HOME STRUCTURE AS WELL, POTENTIALLY.
WE'RE NOT EVEN REALLY SURE THAT WE NEED IT.
I, WHEN I READ THE STAFF REPORT, IT LOOKED TO ME LIKE STAFF HAD CAUGHT THE ISSUE AND HAD DESCRIBED HOME STRUCTURE AS WELL.
IN FACT, IT WAS ONLY THE STAFF REPORT THAT ACTUALLY ENCOURAGED US TO GO OUT THERE AND MEASURE.
AND IT WAS AT THAT POINT THAT WE DECIDED PERHAPS WE SHOULD ADD IT.
OUR JURISDICTION IS BASED ON WHAT AN APPLICANT FILES WE POST TO THE PUBLIC SEVEN DAYS IN ADVANCE, ADVERTISE THE WHOLE DEAL, 10 DAYS FOR THE PAPER, SEVEN DAYS FOR THE PUBLIC ON A WEBSITE.
SO THOSE ARE THE, AND THE ONLY THREE THINGS THAT ARE BEFORE US LEGALLY ARE THE FRONT YARD SETBACK, REGULATION, FENCE, OPACITY, AND FENCE HEIGHTS.
IF YOU HAVE AN ADDITIONAL ITEM THAT YOU WANT US TO CONSIDER AS PART OF THIS PROCESS, WE MAY NEED TO HOLD THIS OVER AND ASK YOU TO AMEND YOUR FILING SO THAT WE CAN PROPERLY POST AND OR DISCLOSE.
AM I CORRECT MR. BOARD, ATTORNEY OR NOT? THAT'S CORRECT.
THEY, THEY NEED TO ALL BE ADJUDICATED AT THE SAME TIME BECAUSE WE CAN'T SEND OUT AN ACTION LETTER FOR SEPARATE ITEMS. THEY NEED TO ALL BE ON THE ITEMS TOGETHER.
THAT'S, THAT'S MY SENSE RIGHT NOW.
SO YOU, YOU'RE SAYING YOU MIGHT HAVE AN ISSUE WITH THE SETBACK ON THE STRUCTURE OF THE HOME, BUT THAT'S NOT PART OF THE APPLICATION.
[02:00:01]
CLARIFY.WE DON'T THINK THAT WE NEED THAT SETBACK.
WE INCLUDED IT BASED ON OUR INTERPRETATION OF THE STAFF REPORT, WHICH SEEMED TO CALL OUT HOME STRUCTURE.
SO WE WENT OUT THERE AND WE TRIED TO TAKE A, A MEASURING, UH, TOOL AND WE TOOK A LOOK AT IT.
I DON'T THINK IT ENCROACHES, BUT IT WAS OUR UNDERSTANDING FROM THE STAFF REPORT THAT THEY INTERPRETED IT AS ENCROACHING.
AND SO WE ADDED IT TO REFLECT WHAT STAFF HAD ADDED.
YOU ADDED IT, BUT IT'S NOT IN THIS APPLICATION AND WE'D BE HAPPY REMOVING IT 'CAUSE WE DON'T THINK THAT WE NEED IT.
SO I'M CONFUSED AS TO, YOU'VE TESTIFIED THAT YOU HAVE AN ADDITIONAL ISSUE AND, AND YOU'RE SAYING YOU DON'T KNOW IF YOU KNOW YOU NEED IT OR NOT.
AND THE ONLY THING IN FRONT OF US IS YOUR APPLICATION THAT WAS DATED MARCH 13TH OR ACTUALLY RECEIVED ON APRIL 2ND NOTARIZED IN THE 13TH OF MARCH.
SO I'M CONFUSED AS TO WHAT YOUR REQUEST IS.
AND CLEARLY I'VE CONFUSED THE ISSUE.
WE DON'T NEED THE, THE SETBACK VARIANCE FOR THE BUILDING STRUCTURE ITSELF.
THAT WAS, NOW IT IS TOTALLY WITHIN YOUR RIGHT.
IF YOU WANT US TO HOLD THIS ITEM OVER AND AMEND YOUR APPLICATION AND WE'LL TAKE THIS UP NEXT MONTH AND WE'D BE GLAD TO DO THAT.
WE'RE GONNA CONTINUE THE HEARING TODAY FOR THOSE THAT HAVE SIGNED UP TO SPEAK.
BUT I, I CAN'T REALLY ALLOW US TO HEAR TESTIMONY OR I, I I CAN ALLOW IT 'CAUSE WE'RE GONNA HEAR IT, BUT WE CAN'T ACT ON SOMETHING THAT WE HAVEN'T BEEN PROPERLY, IT HASN'T BEEN PROPERLY NOTIFIED AND POSTED AND ALL THOSE THINGS THAT I, I COMPLETELY UNDERSTAND.
LET'S PROCEED AS IS WITHOUT REQUESTING A SETBACK VARIANCE FOR THE BUILDING STRUCTURE.
AND I APOLOGIZE FOR THE CONFUSION.
WE WERE TRYING TO BE RESPECTFUL OF THE STAFF REPORT.
WE THOUGHT THE STAFF HAD DISCOVERED SOMETHING THAT WE DIDN'T KNOW.
OKAY, LET'S PROCEED WITHOUT IT.
UH, STAFF, DO YOU HAVE A CONCERN BASED ON WHAT INFORMATION YOU HAVE IN FRONT OF YOU WITH POTENTIAL, UH, ISSUES RELATING TO THE STRUCTURE OF THE HOUSE, THE, AND THE LOCATION, UM, OF THE HOUSE THAT WOULD VIOLATE ANY OF THE SETBACKS OR BUILDING LINES? YEAH, SO HONESTLY I'M A LITTLE CONFUSED.
UM, SO IF HE STATED THAT, UM, THERE WAS A CONCERN THAT THEY COULD BE ENCROACHING INTO THE FRONT YARD SETBACK, THEN MAYBE THEY HAVE, DO YOU GUYS HAVE ADDITIONAL PLANS THAT MAY SHOW THAT? UM, SO NOW I'M, I MAY BE CONCERNED THAT THERE MAY BE ADDITIONAL PLANS OR AN ADDITIONAL DRAWING SOMEWHERE THAT MAY OR MAY NOT SHOW AN ENCROACHMENT INTO THE FRONT YARD.
SO WHAT PLANS DOES THE STAFF HAVE THAT YOU'VE SUBMITTED VERSUS PLANS THAT YOU HAVE? ARE THEY THE SAME? THEY'RE ONE AND THE SAME? YES.
SO HE'S SAYING THEY'RE ONE AND THE SAME.
SO, UH, I'M SEEING A HEAD SHAKING OVER HERE.
SO THE STAFF, DO YOU WANT TO TAKE A MOMENT TO TO GROUP? YES.
UM, A RECESS? I'M GONNA GO TO OUR OFFICE AND GRAB THE FULL, THE FULL THANK YOU.
UM, SO THIS MIGHT BE WHERE SOME OF THE CONFUSION IS.
WHAT PAGE ARE YOU ON? IF YOU LOOK AT PAGE 1 65 IN THIS DRAWING SKETCH NUMBER? SK L ONE OH.
AT DATED MARCH, MARCH 28TH, 2024.
THAT'S THE ONE AT THE VERY BOTTOM.
UM, THERE'S A DIMENSION FROM THE EDGE OF THE HOUSE.
IT SAYS 24 FEET, SIX AND A HALF INCHES.
IT'S FROM THE EDGE OF THE HOUSE AND IT LOOKS LIKE IT'S TO WHERE THE FENCE IS, BUT NOT TO WHERE THE PROPERTY LINE IS.
SO PERHAPS THAT'S WHERE THAT INTERPRETATION CAME, THAT THERE WAS ABOUT SIX INCHES THAT THEY WERE ENCROACHING, WHICH IT'S NOT.
IF YOU LOOK AT THIS, THAT DIMENSION APPEARS TO BE FROM THE FENCE LINE, NOT THE PROPERTY LINE TO THE HOUSE.
JUST JUST TO SOMETHING YOU MIGHT WANNA CHECK ON WHEN YOU GO UPSTAIRS.
SO WE'RE GOING TO, WE'RE GOING TO RECESS.
YOU WANT 10 MINUTES OR 15 MINUTES? GIMME 15 JUST OKAY.
THE BOARD OF ADJUSTMENT, UH, ON THE 21ST OF MAY, UH, IT'S GOING TO RECESS AT 3:15 PM AND WE'LL COME BACK TO ORDER AT 3:30 PM IN ORDER FOR THE STAFF TO GET ADDITIONAL INFORMATION REGARDING BDA 2 3 4 0 6 7, WE'RE HEREBY IN RECESS UNTIL 3:30 PM THANK YOU.
MR. BOX, COULD YOU MAKE SURE THE, UH, THE MIC IS TURNED OFF? OKAY.
[02:18:08]
MARY,[02:18:08]
WE[02:18:08]
HAVE TECHNOLOGY TURN YOUR VIDEOS BACK ON THE, IT IS 3:30 PM ON THE 21ST OF MAY.THE BOARD OF ADJUSTMENTS CALLED BACK TO ORDER.
UH, OUR REMAINING CASE THAT WE HAVE FOR TODAY IS BDA 2 3 4 DASH 0 6 7.
UH, WE JUST TOOK A RECESS AT THE STAFF'S REQUEST.
UM, MS. BOARD ADMINISTRATOR, DO YOU HAVE AN UPDATE FOR US? YES, I THINK WE HAVE AN EXPLANATION AND, UM, I WILL ALLOW MR. THOMPSON TO PROCEED.
OKAY, SO THE CONFUSION OF THE 24 FEET SIX AND A HALF IS CENTER POST TO CENTER POST OF THE FENCE.
SO WHAT YOU WAS TAKING A LOOK AT WAS CENTER POST AND CENTER POST.
WE'RE CONFIDENT IN THAT BASED ON THE FORM BOARD SURVEY, UH, THAT WAS DONE ON 1222 OF 2022.
SO I'M SORRY, 1222 OF 2022 SHOWING THAT THE FRONT PORTION OF THE HOUSE IS AT 25.05 FEET.
THE REAR PORTION OF THAT SAME SIDE FACING LYNETTE IS 25.1.
WE DO NOT FEEL LIKE THERE IS ANY SIX INCH ENCROACHMENT INTO THE FRONT YARD SETBACK ON LYNETTE.
ALRIGHT, SO, UM, THE BOARD WILL INTERPRET THAT THEN AS AN ISSUE.
WE CAN SHOW YOU ON THE SCREEN IF YOU NEED TO.
WHAT'S THAT? WHO, IF YOU NEED TO SEE IT, WE CAN DISPLAY IT UP ON THE SCREEN AHEAD OF YOU.
MS. HAYDEN, DO YOU WANNA SEE IT OR IS THIS, WAS HIS EXPLANATION SUFFICIENT? IT WAS SUFFICIENT.
SO I'LL SPEAK FOR THE BOARD AND SAY WE'RE, THAT ISSUE IS A NON-ISSUE
[02:20:01]
BASED ON WHAT WE'RE, WHAT WE'RE HEARING AND YOU'RE THAT SORT OF DEAL.ALRIGHT, SO WE'RE GONNA GO BACK TO THE HEARING.
UM, SO WHAT'S BEFORE US ARE THREE REQUESTS, A VARIANCE OF THE SET FRONT YARD SETBACK AND EXCEPTION OF THE FENCE OPACITY REGULATIONS AND AN EXCEPTION TO THE FENCE SITE REGULATIONS.
AGAIN, THIS JUST GOES TO SHOW THAT THERE'S NO ISSUE THAT AN ATTORNEY CAN'T MAKE MORE COMPLICATED, MORE CONFUSING THAN DON'T GET US GOING.
NO, I, I, AGAIN, GRATEFUL FOR YOUR UNDERSTANDING.
ONCE AGAIN, UH, WE DID, JUST TO REITERATE, WE DID GO, WE DID SUBMIT OUR FORM BOARD SURVEY, PRE-BOARD INSPECTION, A GREEN TAG WAS ISSUED FOR THE HOUSE.
SO WE ARE 100% CERTAIN THAT IT DOES NOT ENCROACH THAT WE INCLUDED THAT JUST OUT OF AN ABUNDANCE OF CAUTION CONFUSION WITH THE STAFF REPORT, BUT APOLOGIES AGAIN, FEEL FREE TO GO AHEAD AND IGNORE THAT LOWER HALF THEN OF THIS SLIDE AND FOCUS JUST ON THE TOP TWO.
SO REALLY WHAT WE'RE HERE OVER IS JUST FOR THE FENCE AND FOR THE POOL.
AND THAT POOL IS CONSIDERED A STRUCTURE UNDER THE, UNDER THE ZONING CODE.
AND AS A RESULT, IT'S CONSIDERED ENCROACHMENT INTO THE SETBACK.
UH, HERE ARE THE FRONT YARD VARI SETBACK VARIANCE FACTORS, AS YOU KNOW VERY WELL.
AND WE'LL START WITH THE FIRST, UH, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST.
COULD YOU GO TO THE NEXT SLIDE PLEASE? UH, AS YOU CAN SEE, WE GOT, UH, ACTUALLY AS OF THIS MORNING, WE GOT ONE MORE.
SO I THINK WE'RE AT 17 LETTERS OF SUPPORT.
UH, PRETTY OVERWHELMING MAP, I THINK ALL OF THE NEIGHBORS, UH, VIRTUALLY ALL THE NEIGHBORS AROUND US.
PLEASE ALSO WANNA TALK SOME MORE ABOUT THIS RESTRICTIVE AREA.
I THINK THIS SHOWS IT WELL, THE YELLOW SHOWS THE FRONT SETBACKS APPLICABLE TO THE SITE, BUT IN ADDITION TO THAT, IT'S A REAR LOADED SITE.
AND SO YOU COULD SEE THAT THAT REALLY CRUNCHES DOWN THE BUILDABLE AREA FOR THE, FOR THE HOUSE.
THAT'S NOT EVEN TO MENTION THE BACKYARD.
WHERE IS THAT GONNA GO? NEXT SLIDE PLEASE.
YOU CAN SEE OUR, AS A DEMONSTRATIVE, WE'VE SHOWN OUR SITE COMPARED TO OTHER SITES.
WE UNDERSTAND THAT STAFF HAS RECOMMENDED DENIAL ON OUR REQUEST TO WHICH WE, WE GET IT AT, AT FIRST BLUSH, YOU WOULD LOOK AND YOU WOULD SAY SIZE SLOPE, UH, AND SHAPE.
WE, IT DOESN'T LOOK LIKE WE'VE GOT THAT HERE, BUT IF YOU COMPARE OUR SITE TO THE OTHER SITES IN THE AREA, THE IMMEDIATE SITES, YOU SEE THAT OUR BUILDABLE AREA IS ACTUALLY A 1500 TO 2000 SQUARE FEET LESS THAN OUR, OUR NEIGHBORS.
THAT'S ALMOST AN ENTIRE FLOOR ON MANY HOMES.
UH, NOT ABLE TO BE DEVELOPED IN A MANNER COMM MEASURE IT.
IF YOU COMPARE OUR SITES TO OTHER DEVELOPMENTS IN THE AREA, WHAT WE'RE PROPOSING IS A 40 FOOT WIDTH HOME.
THAT'S ONLY AN ISSUE BECAUSE OF THE DUAL SETBACK.
SO IF WE TOOK A SURVEY OF OTHER HOMES IN THE AREA AND WE WERE ABLE TO FIND AT LEAST 24 OTHER HOMES WITH WIDER, UH, WIDER HOUSES THAN THE ONE THAT WE'RE PROPOSING.
SO WHAT THAT MEANS IS IF YOU WERE TO TAKE OUR EXACT FOOTPRINT TOGETHER WITH THE POOL AND EVERYTHING, AND YOU WERE TO RELOCATE IT ON ANY LOT IN THE NEIGHBORHOOD, THAT IS NOT A CORNERED LOT.
WE WOULD HAVE NO NEED TO BE HERE BEFORE YOU TODAY.
THIS IS THE FINAL, UH, AN ARGUMENT FROM THE INTENT OF THE BLOCK FACE STANDARDS.
SO YOU CAN SEE, UH, AT THE EAST OF ORLE, LYNETTE'S LANE IS ACTUALLY TREATED AS A SIDE YARD, WHEREAS WEST OF ORLE IT'S TREATED AS A FRONT YARD.
THE REASON WHY THAT IS, OF COURSE, BECAUSE ORLE IS A PUBLIC RIGHT OF WAY.
SO IT STARTS A NEW BLOCK FACE.
BUT IF YOU LOOK AT OUR SITE DIRECTLY BEHIND US IS ACTUALLY PUBLIC RIGHT OF WAY AN ALLEYWAY THAT SEPARATES US FROM OUR NEIGHBORS.
AND SO THIS IS REALLY GOING MORE TOWARD INTENT.
OUR SITE IS IN THIS WEIRD TRANSITION ZONE WHERE IT IS SEPARATED BY PUBLIC RIGHT OF WAY.
IT DOESN'T FEEL LIKE PART OF THE BLOCK FACE, BUT IT'S ALSO IN THIS REALLY UNIQUE TRANSITION ZONE WHERE ALL OF THE CORNER LOTS IN THIS, IN-BETWEEN BETWEEN THE ALLEY AND THE AND THE STREET, UH, ARE ARE THEY, THEY REALLY GET THE BRUNT OF THE STICK WITH REGARD TO THE DEVELOPMENT RIGHTS AS A RESULT OF THE BLOCK BASED CONTINUITY.
FINALLY, WE'LL TALK ABOUT THE OPAQUE FENCE AND THE FENCE HEIGHT, SPECIAL EXCEPTIONS.
UH, YOU'LL SEE WE'RE REALLY NOT, WE DON'T THINK THAT WE'RE REALLY ASKING FOR THAT MUCH IN TERMS OF OPACITY.
WE DON'T THINK THAT THE FENCE EVEN FEELS LIKE A, A SUPER OPAQUE FENCE.
WHAT WE WERE, WHAT WAS WHAT YOU SAW IN THE ELEVATIONS? I KNOW THAT THERE WERE SOME QUESTIONS DURING THE BRIEFING.
THAT IS WHAT YOU'RE GOING TO GET THAT IS THIS FENCE.
SO YOU CAN SEE THAT ONE AND A HALF INCH, UH, SEPARATION BETWEEN THE BOARDS.
AND WHAT THAT DOES IS IT ALLOWS IT NOT TO FEEL SO DOMINEERING.
IT ALLOWS IT TO FEEL MORE BROKEN UP.
AND WE DID THAT INTENTIONALLY IN ORDER TO TRY TO COMPLY AND TO BE LESS OPAQUE, SO TO SPEAK, DESPITE THE FACT THAT WE ARE TRYING TO, UH, FENCE IN OUR WHAT IS EFFECTIVELY OUR SIDE YARD.
[02:25:01]
MAXIMUM FENCE HEIGHT ALLOWED FOR SIDE YARDS IS GENERALLY NINE FEET.I UNDERSTAND THAT THIS IS NOT LITERALLY A SIDE YARD BECAUSE IT'S, IT'S BEING TREATED AS A FRONT YARD, BUT IT'S EFFECTIVELY A SIDE YARD.
AND SO WE THINK THAT BY PROPOSING SIX FEET IS, IS RATHER MODEST, PARTICULARLY GIVEN THAT WE RECEIVED A PERMIT FOR EIGHT AND A HALF.
HOW, HOW BIG, HOW HIGH, HOW HIGH IS THE CURRENT FENCE THAT'S THERE? SIX FEET.
AND YOUR INTENTION IS TO KEEP THE FENCE THAT WAS ALREADY THERE THAT YOU SAY WAS PERMITTED? YES, THAT'S EXACTLY RIGHT.
AND I DO HAVE A COPY OF THAT PERMIT IF Y'ALL WOULD LIKE ME TO CIRCLE, CIRCULATE THAT.
WHEN YOU WOULD, WOULD YOU SAY I, SORRY, I'M SORRY.
I HAVE A COPY OF THAT PERMIT AS WELL AS THE FENCE SURVEY.
UH, WOULD YOU LIKE ME TO DO THAT RIGHT NOW OR FINISH THE PRESENTATION OR BOARD SECRETARY AND SHE'LL BRING IT TO ME, PLEASE? SURE.
UH, I KNOW THAT THERE WAS ALSO SOME DISCUSSION DURING THE HEARING ABOUT WHETHER OR NOT THERE WERE OTHER FENCES IN THE AREA THAT, UH, WERE ACCOMPLISHING WHAT WE WERE AIMING TO ACCOMPLISH.
I DO THINK THAT THERE, WE PROVIDED SOME OTHER EXAMPLES OF FENCES IN THE NEIGHBORHOOD THAT ARE DOING PRECISELY WHAT WE'RE PROPOSING TO DO.
UH, IN CONCLUSION, I, I DON'T WANNA BELABOR THE POINT.
WE TALKED ABOUT THE TWO FRONT YARD SETBACKS, BUT WE ALSO TALKED ABOUT THE BACKYARD, UM, HOW THE PROPERTY IS ACTUALLY RELOADED.
SO ALREADY OUR BUILDABLE AREA IS SIGNIFICANTLY REDUCED.
BUT ON TOP OF THAT, WHERE DO YOU PUT, WHERE DO YOU, THERE'S NO ROOM FOR A BACKYARD ANYWHERE AT THIS PROPERTY.
SO EFFECTIVELY WHAT WE HAVE IS, IS JUST A FAMILY THAT'S LOOKING TO HAVE SOME ENCLOSED OUTDOOR AREA WHERE THEY CAN HOST, WHERE THEY CAN HAVE THEIR CHILDREN, WHERE THEY CAN HAVE THEIR GRANDCHILDREN.
AND SO I, I THINK, UH, WHAT WE'RE EFFECTIVELY WHAT WE'RE LOOKING TO PERMIT HERE IS, UH, IS A POOL AND A FENCE IN WHAT FEELS A LOT LIKE A SIDE YARD.
AND, UH, AND I'LL JUST REITERATE THAT EVERY EVERYTHING THAT EXISTS TODAY WAS PERMITTED.
IT'S NOT AS THOUGH WE HAD SOME COWBOY DEVELOPER WHO WAS COMING IN THERE WITHOUT, WITHOUT PERMITS OR ANYTHING.
UH, AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
UM, I AM CIRCULATE, UH, FOR THE RECORD, I RECEIVED A COPY OF THE, THE APPLICANT'S PERMIT ISSUED REGARDING THE, AND IT STATES SIDE AND REAR YARD NOT TO EXCEED NINE FEET, IS WHAT THE PERMIT SAID IN THE BOTTOM.
UM, I ASSUME MARY, WE NOW NEED THAT COPY OF THAT FOR OUR RECORDS, RIGHT? SO IS THIS SOMETHING WE CAN KEEP, I HOPE BECAUSE WE NEED IT FOR THE YES, WE NEED IT FOR THE RECORD SINCE WE'VE, WE'VE SEEN IT AS PART OF THIS TESTIMONY.
WE HAVE QUESTIONS FOR THE APPLICANT FIRST, AND THEN WE'VE GOT TWO MORE AND ONE OPPOSED.
UH, I JUST WANNA CONFIRM THE SIDE FENCE IS SIX FEET AND THAT IS STAYING PUT.
YOU'RE NOT DOING ANYTHING TO THAT.
AND THEN ARE YOU PUTTING A FENCE IN THE FRONT YARD? UH, NO ADDITIONAL FENCE FROM WHAT IT CURRENTLY EXISTS TODAY? NO.
OTHER QUESTIONS? I MAY HAVE A FEW WHEN WE, AFTER WE FINISH ALL THE SPEAKERS, SO HANG TIGHT, IF YOU CAN GO AHEAD AND SIT DOWN.
ALRIGHT, MS. WILLIAMS, DO WE HAVE OTHER SPEAKERS IN FAVOR? YES, SIR.
GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
UH, MY NAME IS, UH, JEREMY CASH MCELROY.
MY ADDRESS IS 92 0 3 SHOREVIEW ROAD.
I WAS JUST GIVING THE FULL NAME.
UH, JEREMY, UH, J-E-R-E-M-Y AND THEN JEREMY, AND THEN CASH AND THEN OKAY.
JEREMY CASH MCELROY? YES, SIR.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, SO I I, I DON'T HAVE A LOT TO ADD.
I JUST WANNA SAY THAT WE AS IN, AS A, AS A REPRESENTATIVE OF THE BUILDER, UM, AND THAT WE'VE, UH, YOU KNOW, WE DID OUR BEST TO BUILD THE STRUCTURE WITHIN THE LIMITS WITH THE 25
[02:30:01]
FOOT, WITH THE LARGE, THE LARGE STRUCTURE.WE GOT EVERYTHING PERMITTED, WE GOT THE FENCE PERMITTED.
UM, AND THEN WE WERE, UH, WE DIDN'T HAVE OPPOSITION FROM, UH, ANY OF THE NEIGHBORS IN THE AREA.
AND, UM, WE HAD LETTERS OF COMPLIANCE FOR, UH, MOST OF 'EM.
UM, AND AS, I GUESS IF SOMEONE WAS TO BE, YOU KNOW, HURT BY THIS, UH, 50 32, LYNETTE IS THE CLOSEST THERE.
AND, UM, WE DON'T, AS THE OWNER OF 50 32 LYNETTE, WE DON'T HAVE ANY, UH, ISSUE WITH IT.
WE LIKE THE FENCE, WE LIKE THE PROJECT.
WHAT WAS YOUR ADDRESS, SIR? DID YOU MY PERSONAL ADDRESS? YES.
OH, SO YOU'RE NOT IN THE NEIGHBORHOOD, WELL, YOU'RE NOT A HOMEOWNER IN THE NEIGHBORHOOD.
I, I, I DO, I DO PARTIALLY OWN SEVERAL HOMES IN THE NEIGHBORHOOD WITH OKAY.
SO YOUR CAPACITY TODAY IN TESTIFYING IS AS A REPRESENTATIVE OF THE BUILDER OR AS A PROPERTY OWNER? AS A REPRESENTATIVE OF THE BUILDER.
AND I ALSO A, I I OWN, I OWN PART OF THE COMPANY.
SO I, I OWN PARTS OF MULTIPLE PROPERTIES.
SO YOU REFERENCED A HOME, A SPECIFIC HOME ADDRESS.
WHAT WAS THAT? YOU SAID THEY, THEY DON'T HAVE A PROBLEM EITHER.
5 0 3 2 LYNETTE 5 0 3 2 LYNETTE.
IT'S THE, THE HOUSE THAT'S, UH, SEPARATED FROM 70 23 OREO BY THE ALLEY.
5 0 3 2 IS THE HOME RIGHT BEHIND YOUR THAT PROPERTY? YES, SIR.
UM, AND THEY HAD ALREADY GONE ON RECORD AS IN FAVOR OF THE REQUEST? YES, SIR.
UM, I, I DON'T WANNA INTERRUPT.
DID YOU HAVE ANYTHING ELSE YOU WANTED TO TESTIFY TO? AND THEN I HAVE SOME QUESTIONS.
SO FOR ME, AS IT RELATES TO THE FENCE, THE WHAT MOST RELEVANT AS THE FENCE WOULD BE THOSE PROPERTIES FACING THE FENCE, WHICH WOULD BE ALONG LYNETTE 14, 13, 12, 11 10.
AND OF THE, THE FOUR THAT I REFERENCED, TWO OF THE, TWO OF THE, OR OF THE FIVE I REFERENCED, TWO OF THE FIVE ARE ALREADY IN FAVOR, OR THREE OF THE FIVE ARE ALREADY IN FAVOR.
SO IT, IT'S, IT'S DEMONSTRATIVE THAT THERE'S NO ONE IN OPPOSITION OTHER THAN THE PERSON THAT'S ABOUT TO SPEAK.
AND WE'LL FIND OUT WHERE THAT PERSON, WHAT THAT PERSON HAS TO SAY AND WHERE THAT PERSON LIVES.
'CAUSE WE WANT TO, EVERYONE'S TESTIMONY.
SO YOU'RE JUST SPEAKING IN FAVOR OF THE, THE, THE BUILDER.
WHAT OTHER QUESTIONS DO WE HAVE FOR MR. MCELROY? THANK YOU, SIR.
MS. MARY, DO WE HAVE ANOTHER PERSON IN FAVOR? I HAVE MS. ADRIAN BROWN.
HI, HOW ARE YOU? YOU CAN GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
I'M ADRIAN BROWN AND I'M AT 68 11 ROBIN ROAD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, I'M HERE REPRESENTING MY PARENTS.
THEY ARE GOING TO BE THE OWNERS OF THIS HOME.
I REPRESENT THE, THE, MY PARENTS WHO ARE BUYING THIS HOME.
THIS HOME IS BEING BUILT FOR THEM.
THEY COULDN'T BE HERE TODAY, SO I CAME IN PLACE OF THEM.
UM, THE THREE OF US, WE WENT AROUND TO ALL THE NEIGHBORS.
WE GOT SIGNATURES FROM EVERYONE, ANYONE WHO OPENED THEIR DOOR WAS HAPPY TO SIGN AND APPROVE OF THIS, UM, VARIANCE.
UM, I HAVE TWO YOUNG CHILDREN AND MY PARENTS ARE MOVING TO DALLAS TO BE CLOSER TO THEIR ONLY GRANDCHILDREN, AND THEY WANNA BE ABLE TO HAVE A POOL AND HAVE A YARD FOR US TO ALL GET TOGETHER.
MY SISTER JUST BOUGHT A HOUSE ON THRUSH.
SO THIS IS KIND OF LIKE WE'RE ALL MOVING TO DALLAS AND IT'S JUST KIND OF IMPORTANT TO HAVE AN ENCLOSED YARD FOR THE LITTLE ONES.
I MEAN, I HAVE A 2-YEAR-OLD, SO, UM, I WOULD NOT, YOU KNOW, LIKE HIM THERE IF THERE WAS NO YARD ON THAT STREET.
BUT ANYWAYS, UM, THAT'S REALLY ALL I HAD TO SAY, AND WE'RE JUST HOPEFUL THAT IT CAN BE APPROVED.
ANY QUESTIONS THAT WE HAVE FOR THE SPEAKER AND YOUR NAME AGAIN? ADRIAN.
THANK YOU VERY MUCH MS. BROWN.
MS. BOARD SECRETARY DOES THAT, DOES THAT CONCLUDE THOSE SPEAKERS IN FAVOR? CORRECT.
ANY SPEAKERS IN OPPOSITION? YES, SIR.
MR. MAPLES, IF YOU'D COME DOWN PLEASE, IF YOU, UH, WELCOME SIR.
IF YOU WOULD GIVE US YOUR FULL NAME
[02:35:01]
AND YOUR ADDRESS AND THEN WE'LL SWEAR YOU IN AND YOU GO AHEAD AND TAKE YOUR HAT OFF, PLEASE.MY NAME IS, IS JONATHAN MAPLES.
WHAT, WHAT'S THE LAST, WHAT'S THE STREET NAME? ORLE.
MS. WILLIAMS. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
SO LET ME, LET ME START BY, BY SAYING, UM, THANK YOU GUYS FOR THE JOB THAT YOU DO.
I AM TO A COMMISSIONER, UH, FOR THE CITY OF DALLAS ON THE POLICE OVERSIGHT.
UH, I CAME BEFORE THIS BOARD FOUR, SIX WEEKS AGO BECAUSE MY CONCERN WAS, WE WILL BE RUNNING INTO THIS.
YOU SEE, I LIVE IN A NEIGHBORHOOD THAT'S BEING COLONIZED.
I THINK THE, THE POLITICALLY CORRECT WORD IS GENTRIFICATION, BUT, UH, I, I HAVE SOME THINGS THAT I WANTED TO SAY, BUT I'M GOING TO, I'M GONNA DETER AWAY FROM THOSE THINGS BECAUSE IT IS, IT IS, IT IS MIND BOGGLING TO ME FOR A BUILDER, LOU RIO, THAT I THINK, UH, BUILT THIS HOUSE ON THE CORNER OF, UH, OREO AND LEONARD LANE.
I DON'T THINK THAT THEY, UH, PROPERLY PUT THAT INTO THE INFORMATION THEY SENT TO YOU GUYS BECAUSE THERE IS NO, OR THERE IS NO ERO LANE OR WHATEVER THAT OTHER STREET THEY CALL THAT'S WRONG IN YOUR INFORMATION.
UH, LOUIS RIO FOUGHT US TOOTH AND NAIL ABOUT A ZONING CASE THAT THE COMMUNITY CAME TOGETHER, WENT TO THE CITY PLANNING COMMISSION, AND THEN TO COUNCIL WHO BOTH OVERWHELMINGLY VOTED IN FAVOR OF WHAT WE WERE TRYING TO DO AS LEGACY RESIDENTS.
I'M A LEGACY RESIDENT OF ELM THICKETT NORTH PARK OF 58 YEARS.
I GO DOWN AND TURN LEFT IN FRONT OF THAT HOUSE OR RIGHT EVERY SINGLE DAY AS I DRIVE THROUGH THE NEIGHBORHOOD.
NOW I REPRESENT THE NEIGHBORS AS PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION.
AND I COULD ALMOST GUARANTEE YOU WITH THOSE 17 VOTES IN FAVOR, NONE OF THEM CAME FROM LEGACY RESIDENTS BECAUSE I KNOW THEY WOULD'VE CALLED ME AND SAID, HEY, JONATHAN, WHAT'S GOING ON? BECAUSE WE ARE A TIGHT KNIT COMMUNITY.
NOW, I'M NOT SAYING I'M A, I'M A RETIRED UNITED STATES MARINE.
NOW, I'M NOT SAYING ANYBODY CAN'T LIVE ANYWHERE THEY WANT TO LIVE.
HOWEVER, AS ELM THICKETT IS A HISTORICALLY BLACK NEIGHBORHOOD, BLACK AND BROWN PEOPLE HAVE BEEN TREATED IN A CERTAIN TYPE OF WAY ALL OUR LIVES.
ELM THICKETT IS AN AREA WHERE WE LIVE, AND WE LIVED THERE BECAUSE MY PARENTS WERE TOLD WHERE THEY CAN LIVE.
MY GRANDMOTHER WAS TOLD WHERE SHE CAN LIVE.
I THINK IT CAME ABOUT BECAUSE OF THE EXPANSION OF LOVE FIELD THAT WAS ONCE A MILITARY AIR BASE.
AND WHEN WE WENT TO DO THIS ZONING CASE, IT WAS SIMPLY BECAUSE WE WANTED TO HAVE A SAY IN WHAT OUR NEIGHBORHOOD LOOKED LIKE.
AND AGAIN, LOUIS RIO FOUGHT US TOOTH AND NAIL THROUGH ALL THIS.
SO TO GET TO THIS POINT TO WHERE THEY COME BEFORE THE BOARD OF ADJUSTMENTS AND SAY, OH, WE JUST DIDN'T KNOW THAT'S BULL.
YOU KNEW ABOUT EVERYTHING THAT'S GOING ON BECAUSE YOU WERE THERE THE WHOLE TIME.
YOU SENT YOUR REPRESENTATIVES, YOU SENT YOUR ATTORNEYS.
BUT THE UNFORTUNATE PART IS, AS WE GO THROUGH ZONING AND COUNCIL AND OTHER COMMUNITIES THAT I'M AFFILIATED WITH, WE FIND OUT THAT WE DO ALL THE WORK AND THEN THE BOARD OF ADJUSTMENTS WILL COME AND UNDO ANYTHING WE'VE DONE.
NOW, I'M NOT POINTING A FINGER AT TO YOU GUYS, BUT I MEAN, IT IS WHAT IT IS.
AND IT IS VERY, VERY HURTFUL AS SOMEONE WHO FIGHTS HARD FOR COMMUNITIES, ESPECIALLY BLACK AND BROWN COMMUNITIES.
AND THE ONE I GREW UP IN, AND THE ONE I STILL LIVE IN, TO KNOW THAT WE PUT THESE ZONING LAWS IN PLACE FOR A REASON.
AND THAT REASON IS NOT TO HAVE THEM OVERTURNED BECAUSE SOMEBODY COMES AND THROW YOU GUYS A PITY PARTY AND SAID, OH, WE MADE A MISTAKE.
OH, OUR, OUR SETBACK IS NOT RIGHT.
NO, YOU KNEW FROM THE BEGINNING BECAUSE WHEN THE INSPECTOR COMES OUT, HE TELLS YOU, HEY MAN, THAT'S WRONG.
WELL, THE REGULATIONS ARE THIS, SO THE REGULATIONS ARE THAT.
SO IT'S, IT'S VERY CONFUSING AND FRUSTRATING BECAUSE I REPRESENT A LOT OF SENIOR CITIZENS WHO
I'M THE VOICE OF THE COMMUNITY.
SO THAT'S THE REASON I'M HERE NOW.
[02:40:01]
I'M SURE YOU GUYS WILL MAKE THE DECISION THAT YOU MAKE, BUT, UH, PLEASE TAKE INTO CONSIDERATION, YOU KNOW, NO, I WON'T GO THERE.BUT ANYWAY, THAT'S, THAT'S ALL I HAVE TO SAY AT, AT THIS MOMENT IS THAT, UH, WE FOUGHT HARD TO HAVE A VOICE IN OUR COMMUNITY.
WE FOUGHT HARD AND WON AT CITY PLANNING AS WELL AS COUNCIL.
AND NOW WE'RE FINDING ALL THAT BEING UNRAVELED BECAUSE AGAIN, I WAS HERE A MONTH AGO AND A LADY ON ROBIN ROAD SAID, OH, I BUILT TOO HIGH.
CAN YOU FORGIVE ME? AND GUESS WHAT? SHE WAS FORGIVEN.
AND I KNOW IT WASN'T THIS BODY BECAUSE I KNOW YOU GUYS HAVE DIFFERENT BODIES THAT REPRESENT PEOPLE, BUT THAT WAS THE CASE.
AND IT'S, IT'S, IT'S, UH, IT'S NERVE WRACKING TO KNOW THAT ANYTHING WE DID AND ALL THE WORK WE PUT IN IS JUST BEING UNRAVELED.
AND UNFORTUNATELY FOR PEOPLE WHO LOOK LIKE ME, IT'S SO, SO COMMON AND IT, IT'S JUST TOUGH.
WHAT IS YOUR LAST NAME AGAIN? MAPLES.
AND YOU SAID YOU LIVE AT 6 5 2 5 ORIO DRIVE.
IS THAT ONE BLOCK SOUTH? TWO BLOCKS SOUTH OF WHERE THE, IS? IT'S IT'S ABOUT A BLOCK SOUTH MAYBE? YEAH.
UH, THE REASON, FIRST OF ALL, THANK YOU FOR YOUR COMMENTS.
AND YOU SEE OUR PROCESS WHERE WE SURE.
WE VALUE FEEDBACK FROM THE PUBLIC.
WE VALUE FEEDBACK FROM NEIGHBORS.
UH, YOUR PARTICULAR PROPERTY IS OUTSIDE WHAT WE CALL, WHAT THE STATE CALLS THE NOTIFICATION AREA, WHICH I I TOTALLY, I TOTALLY UNDERSTAND.
WHICH IS, BUT YOUR OPINION IS JUST AS VALUABLE AS ANYONE ELSE.
UM, YOU'RE HERE BECAUSE YOU SAW PRESUMABLY THE SIGN IN THE YARD AND YOU SAW WHAT'S GOING ON.
WELL, THAT AS WELL AS I'M THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, SO I SERVE MY, UNDERSTOOD MY COMMUNITY.
SO WHEN VOICES SAY, HEY, JONATHAN, UNDERSTOOD, I NEED YOU TO GO SPEAK FOR US.
SO IN THE, IN THE PROPERTY AREA, THAT IS AT THE CORNER OF LYNETTE.
SO ELM THICKETT NORTH PARK IS BORDERED BY LOVER'S LANE TO THE NORTH LOVER'S LANE, TO THE NORTH MOCKINGBIRD, TO THE SOUTH MOCKINGBIRD TO THE SOUTH INWOOD TO THE EAST INWOOD.
LEMON TO THE WEST, WHICH IS RIGHT IN FRONT OF LOVEFIELD AIRPORT.
AND IT'S BEEN CALLED ALL KINDS OF THINGS, BUT IT IS ELM THICKETT PARK.
NO, I, I'M, I'M, I'M NOT INTIMATELY FAMILIAR, BUT I'M FAMILIAR WHEN YOU, AS SOON AS YOU SAID ELM THICKETT, I WENT OH, I KNOW THAT GENERAL AREA, SO, OKAY.
THERE'S A LOT OF CHANGE GOING ON THERE AND, UH, SO VERY GOOD.
UM, I APPRECIATE YOUR COMMENTS.
AND I, I HOPE THAT NEXT MONTH I'M NOT HERE AGAIN.
I, I GOT A COUPLE OF US, WHAT CHANCES ARE I WILL BE, OF COURSE, A COUPLE PEOPLE HAVE QUESTIONS FOR YOU.
SO WE, WE LOOK AT PUBLIC INTEREST DEFINITELY.
AND, AND, YOU KNOW, THE, UM, THE APPLICANT CAME WITH A LOT OF SUPPORT FROM THE NEIGHBORHOOD.
SO, SO WHY, UH, YOU KNOW, AND I I, I DON'T KNOW THE HISTORY BEHIND THE, THE FIGHTING THAT YOU MENTIONED.
WHY, WHY COULDN'T YOU GET SOME MORE PEOPLE TO COME WITH YOU TODAY TO, DID YOU TRY TO GET MORE PEOPLE TO SHUT UP? SO I'M A, I'M A BUSINESS OWNER.
SO I, MY, MY, MY BUSINESS, MY TIME IS FLEXIBLE, UH, AS IT RELATES TO OTHER PEOPLE IN THE NEIGHBORHOOD, LEGACY RESIDENTS, THEY'RE A LITTLE BIT SHY ABOUT COMING BEFORE A BOARD.
AGAIN, I'M NOT, I'M A PRECINCT CHAIR AND ELECTION JUDGE.
I'M NOT AFRAID TO COME DOWNTOWN.
SOME PEOPLE ARE INTIMIDATED BY THIS WHOLE THING.
AND SO, NOT TO MENTION BEING INTIMIDATED BY WHAT'S HAPPENING IN THEIR NEIGHBORHOOD AND THE TAXES, RENT BEING RUN UP WHERE YOU CAN'T AFFORD YOUR HOME ANYMORE, WHICH IS A WHOLE NOTHER SUBJECT.
THEY'RE INTIMIDATED TO COME DOWNTOWN AND, AND, AND STAND BEFORE A BODY AND OPENLY EXPLAIN WHAT'S GOING ON.
AND AGAIN, I REPRESENT A LOT OF SENIOR CITIZENS BECAUSE A LOT OF SENIOR CITIZENS STILL LIVE IN THIS NEIGHBORHOOD.
SO NOT ONLY WILL THEY NOT COME, BUT THEY'RE NOT TECHNICALLY SOUND TO EVEN GET ON A ZOOM CALL.
NOW, IF I JUST WENT TO THE SENIOR GROUP AND DID A BIG ZOOM CALL AT THE RECREATION CENTER WITH ALL THE SENIORS YEAH, THEY, THEY WOULD'VE, THEY WOULD'VE DONE THAT.
BUT IT'S NOT FEASIBLE FOR THIS TYPE OF, UH, UM, HEARING.
SO I'M, I'M DEFINITELY, I'M DEFINITELY SYMPATHETIC TO, TO YOUR CONCERNS, UM, AND THE NEIGHBORHOOD'S CONCERNS.
AND I GUESS MY QUESTION IS SPECIFICALLY ABOUT THIS, THIS APPLICATION OR THIS APPLICATION FOR A VARIANCE MM-HMM,
[02:45:01]
IF YOU RIDE BY THE HOUSE, YOU'LL KNOW IT'S NOT SOMETHING I CAN EXPLAIN.IF YOU RIDE BY THAT HOUSE AND YOU GET TO THE CORNER OF OREO AND LEONARD LANE, WHICH AGAIN, IS NOT CORRECT ON YOUR PAPERWORK, YOU'LL KNOW WHY.
WHAT DO YOU MEAN IT'S NOT CORRECT? ON OUR PAPERWORK? LOOK AT THE NAME OF THE STREETS THAT ARE LISTED ON THERE ARE, LET ME SEE.
THAT'S, THAT'S WHERE THIS WELL, I'M, I'M SHOWING IT AS I GOT, I GOT A TEXT MESSAGE FROM MY SECRETARY, AND SHE'S SEEN SOMETHING THAT READS, THERE IS NO O' STREET AND LEVIT STREET.
WHERE'S THAT, WHERE'S THAT LISTED ON YOUR PAPERWORK? BECAUSE ON THE, ON THE 70.
WHAT, WHAT WE'RE LOOKING AT TODAY, 7 0 2 3 ORLE DRIVE.
BUT IF IN, EVEN IF SHE DID IN THE GRAND SCHEME OF THINGS, LITTLE WAS ON YOUR DOCKET AGAIN FOR TOMORROW BECAUSE HE MADE A MISTAKE.
SO THAT'S THE KIND OF THINGS I'M TALKING ABOUT THAT UPSETS PEOPLE VERY CLEARLY.
TO GO BACK TO MS. HAYDEN'S QUESTION, UHHUH, SHE ASKED YOU WHAT SPECIFIC THINGS THAT YOU AS AN INDIVIDUAL AND OR PROPERTY OWNER HAVE CONCERNED ABOUT THIS APPLICATION? AND AN ANSWER SAYING, SO THE, SO THE HOUSE LOOKS OUT OF COMPLIANCE TO THE REST OF THE NEIGHBORHOOD IN WHAT PERSPEC WHAT, WHAT PERSPECTIVE? SO I LIVE IN A, A MODERN COTTAGE.
THIS TYPE OF HOUSE DROWN NOT ONLY DROWNS OUT THE HOUSES THAT LOOK LIKE IT, BUT IT ALSO RAISES OUR TAXES.
SO MY TAXES PROBABLY GO TO $12,000 NEXT YEAR IN 2025.
COULD YOU IMAGINE THAT? $12,000 IN PROPERTY TAXES.
SO IT'S PROPERTY TAXES ARE NOT OUR JURISDICTION.
I KNOW IT'S NOT, I KNOW IT'S NOT YOUR JURISDICTION, BUT I MEAN, IF YOU LIVE IN DALLAS COUNTY, YOU GOTTA RELATE.
I THINK YOUR COUNCILMAN IS JESSE MORENO.
AND SO THOSE GENTLEMEN ARE THE, THE PEOPLE THAT SET THE TAX RATE MM-HMM.
WELL, THAT'S WHAT WE'RE TOLD ANYWAY.
SO THAT, THAT'S WHERE THAT FEEDBACK SHOULD GO.
OUR, OUR RESPONSIBILITY BY, AS ESTABLISHED BY THE TEXAS LEGISLATURE MM-HMM.
AND THAT'S WHAT WE'RE HERE FOR.
AND THERE'S ONLY SO MANY, THERE'S A CRITERIA THERE ABOUT WHAT EXCEPTIONS WE CAN MAKE.
WE DON'T YOU'RE ABSOLUTELY RIGHT.
BUT YOUR JURIS YOUR JURISDICTION IS BOARD OF ADJUSTMENTS.
AND IN BOARD OF ADJUSTMENTS AND THE PUBLIC RECORDS WE PULLED LAST MONTH, YOU GUYS FAVOR WITH THE BUILDERS A WHOLE LOT MORE THAN YOU FAVOR WITH US NEIGHBORS.
I I I, I'M JUST SAYING, I'M JUST SAYING WHAT THE RECORD SHOWS.
I, I WILL TELL YOU, SIR, I RESPECT YOUR OPINION.
THE BOARD OF ADJUSTMENT IS APPOINTED BY THE CITY COUNCIL.
I UNDERSTAND INDIVIDUALS, UH, WE COME WITH NO PRECONCEIVED NOTION.
WE COME FROM THROUGHOUT THE CITY.
WE, WE, WE COME FROM THROUGHOUT THE CITY AND OUR, WE HAVE AN ATTORNEY.
AND OUR ROLE IS TO GIVE A A SOUND JUDGMENT CASE BY CASE.
AS, AS A, AS A COMMISSIONER ON POLICE OVERSIGHT.
WE HAVE, WE HAVE, WE HAVE THE ATTORNEYS, WE HAVE STAFF AS WELL.
AND SO I UNDERSTAND AND, AND WE APPRECIATE YOUR FEEDBACK.
UH, JUST SO THAT WE'RE FACTUAL.
AND THE HEIGHT OF THE FENCE WAS PERMITTED BY THE STAFF.
AND SO WE ARE RESPONDING TO THAT ERROR.
THE OPA, UH, THE ISSUE OF THE OPACITY WAS NOT MM-HMM.
SO WE'RE RESPONDING TO THOSE REQUESTS.
UM, MS. DAVIS MENTIONED ABOUT THE LARGE AMOUNT OF PROPERTY OWNERS AROUND THERE THAT ARE IN FAVOR.
THOSE, THOSE ARE PEOPLE WHO JUST BOUGHT IN IN THE LAST THREE YEARS.
BUT THEN AGAIN, THAT'S NOT YOUR PROBLEM.
OUR CRITERIA, THAT'S NOT YOUR PROBLEM IS TO LOOK, OUR CRITERIA IS TO LOOK THE WHAT IS NOT CONTRARY TO PUBLIC INTEREST.
OUR CRITERIA IS TO LOOK TO SEE IF THE PROPERTY HAS AREA SHAPE AND SLOPE ISSUES.
AND SO WE'RE LOOKING AT A COLLECTIVE APPROACH.
THAT'S WHAT I'M TRYING AND WE'RE TRYING, I'M GONNA GO BACK AGAIN TO MS. HAYDEN'S REQUEST.
JUST LIKE YOU SAID, WHEN YOU LOOK ACROSS THE STREET FROM THAT HOUSE, NOT BEHIND
[02:50:01]
IT.THOSE HOUSES ON LEONARD LANE, THERE ARE TWO OR THREE OR FOUR REG LEGACY RESIDENTS.
I BET YOU NONE OF THEM SET IN THAT RE SET IN ANYTHING IN FAVOR.
SO, RESPECTFULLY, SIR, THE CITY COUNCIL SETS VIA THE PLANNING COMMISSION.
AND PD 67 SETS CERTAIN LOT SIZES.
AND FLOOR AIR RATIOS AND SETBACKS AND IT GRANTS.
YOUR NEIGHBORHOOD WENT THROUGH AND WENT THROUGH A LITTLE BIT OF A ZONING CHANGE FOR FIVE YEARS.
BUT THAT'S OUTSIDE OUR JURISDICTION.
AGAIN, OUR JURISDICTION IS SPECIFICALLY TO HEAR REQUESTS FROM PROPERTY AND OWNERS AND USE A PROCESS.
AND WE, YOU, WE DO THIS PROCESS DAY IN, DAY OUT.
UM, SO I APPRECIATE YOUR FEEDBACK.
UM, THE, AND, AND I THANK YOU FOR LISTENING.
THE ISSUE OF THE PROPERTY TAXES WE CAN'T RESPOND TO.
AND, AND PLEASE, AND PLEASE UNDERSTAND, I'M PASSIONATE ABOUT HIM YES.
SO IF YOU EVER COME BEFORE SOMEBODY OR SOMEBODY COMES BEFORE YOU, THAT'S EXTREMELY PASSIONATE, YOU'LL SEE THE TYPE OF ATTITUDE THAT I HAVE.
AND IT'S, IT'S NO, AGAIN, IT'S, IT'S NOTHING PERSONAL.
BUT I DON'T, I DON'T TAKE IT 58 YEARS.
THAT'S BEEN MY HOME UNDERSTAND.
AND WE APPRECIATE THAT AND WE APPRECIATE YOUR PASSION AND YOU'VE HANDLED IT PROFESSIONALLY AND WE WANNA RESPOND PROFESSIONALLY.
AND, AND, AND JUST ONE OTHER THING.
REMEMBER THIS, WHEN YOU COME, WHEN LOU RIO'S TEAM COMES IN FOR YOU TOMORROW? WELL, THE BOARD OF, I'M JUST SAYING THE BOARD OF ADJUSTMENT.
YOU DON'T, YOU DON'T ONLY GET A CHANCE TO MAKE SO MANY MISTAKES.
THE BOARD OF ADJUSTMENT IS DIVIDED INTO THREE PANELS.
SO IT'S A SEPARATE PANEL THAT APPEARS TO OTHER CASES.
THE FIRST TIME I WAS HERE WAS ANOTHER PANEL.
CONSISTENT WITH ANY OTHER QUESTIONS ON THAT SPEAKER? HEARING NONE, UH, CONSISTENT WITH OUR RULES OF PROCEDURE, THE APPLICANT IS ALLOWED A FIVE MINUTE REBUTTAL.
THE APPLICANT MAY COME FORWARD.
YEAH, I, I WON'T SAY VERY MUCH.
I WANNA SAY THANK YOU TO MR. MAPLES FOR HIS FEEDBACK.
WE'RE ALWAYS GRATEFUL TO RECEIVE THE FEEDBACK OF THE COMMUNITY.
WE THINK GETTING 17 OUT OF 18, UH, NEIGHBOR SUPPORT IS PRETTY DARN GOOD.
WE KNOW WE CAN'T WIN THEM ALL.
UH, BUT I, I WILL SAY, AND I, I THINK THAT SOME OF YOU ALREADY TOUCHED ON IT WHEN I WAS LISTENING TO HIS OBJECTION, I DIDN'T HEAR ANYTHING SPECIFIC TO OUR REQUEST ITSELF.
I UNDERSTAND THAT THERE WAS A, A, A LOT OF LEGITIMATE REASONS TO, TO VOICE YOUR OPINIONS, BUT I DIDN'T SEE, HEAR ANYTHING GOING TO OUR REQUEST.
OF COURSE, WE'RE HERE TODAY TO SPEAK ABOUT EXISTING REGULATIONS AND ABOUT THE PHYSICAL, UH, SITUATION OF THE PROPERTY.
AND SO I I I'M JUST GONNA GO AHEAD AND SAY, HE ALSO TALKED A LITTLE BIT ABOUT THE NEIGHBORHOOD STABILIZATION OVERLAY.
WE ARE 100% COMPLIANT WITH THE REQUIREMENTS OF THAT OVERLAY AND WORKED VERY HARD TO MAKE SURE THAT WE WERE, AND SO THE, THE LAST THING THAT I ALSO WANNA HANG MY HAT ON IS SOMETHING THAT I HAD MENTIONED DURING THE PRESENTATION, WHICH IS THAT IF YOU WERE TO TAKE OUR, OUR FOOTPRINT AND THE POOL AND THE FENCE AND MOVE IT TO ANY OTHER LOT, THAT WAS NOT A CORNER LOT IN THE AREA, IT WOULD BE PERMITTED BY.
AND WE WOULD HAVE NO NEED TO BE HERE BEFORE YOU TODAY.
SO I, I DON'T THINK THAT WE'RE COMING IN ASKING FOR A LOT.
YOU KNOW, I DON'T THINK THAT WE'RE A THREAT TO THE NEIGHBORS, TO THE NEIGHBORHOOD.
IN FACT, WE LIKE TO THINK THAT WE'RE JUST HERE TO TRY TO BE A PART OF THE NEIGHBORHOOD.
I MENTIONED TO THE PREVIOUS SPEAKER TO MAKE SURE WE DEALT DEAL WITH FACTS.
AND I SAID THAT THE BUILDING PERMIT, DO YOU HAVE IT, MARY NOW THE PERMIT OR YEAH.
UM, 'CAUSE IT HAS TO KEPT, FOR THE RECORD, THAT PERMIT SPECIFIED THAT YOU COULD PUT IN THERE IN, IT SAID REARED AND SIDE, NO GREATER THAN NINE FEET IS WHAT THAT SAID.
JUST TALKED ABOUT HEIGHT AND LOCATION.
SO THE ONE THING THAT YOU STEPPED OUT ON AND BUILT IS SOMETHING THAT WAS A SOLID FENCE AS OPPOSED TO THE TWO.
I WOULD GRANT THAT THERE WAS AN ERROR BY THE STAFF AND ALLOWING YOU TO PUT THE LOCATION IN THE HEIGHT.
AND I, THAT, THAT JUST MINUTE.
BUT THE OPACITY ISSUE, THEY DIDN'T SPEAK TO THAT.
I, AND I THINK IT'S A, IT'S A GOOD QUESTION.
I DON'T WANNA PUT WORDS IN THE HOME BUILDER'S MOUTH.
HE WOULD PROBABLY BE ABLE TO ANSWER THIS BETTER.
BUT I WILL SAY, BUT YOU'RE REPRESENTING THE APPLICANT, SO OH, OH NO.
WELL, I MEAN, WHAT I MEAN TO SAY IS THAT THE HOME BUILDER HIMSELF IS HERE AND HE WOULD BE ABLE TO ANSWER THAT QUESTION BETTER.
BUT BEFORE I TURN IT OVER TO HIM, I DID WANNA SAY, I THINK YOU YOURSELF NOTED THAT AS YOU DRIVE BY THAT SITE, IT'S, IT'S ALMOST DIFFICULT TO KNOW THAT THAT FENCE DOES NOT COMPLY WITH, UH, TRANSPARENCY REQUIREMENTS.
WE, WE THOUGHT THAT WE WERE PRETTY DARN CLOSE IF NOT THERE.
WELL, WITH THAT ONE AND A HALF INCH, LET BE CAREFUL.
I I DON'T HAVE THE PROFESSIONAL EXPERTISE UNDERSTOOD TO DETERMINE 48%, 28%, 51%.
[02:55:01]
THAT'S, I DON'T UNDERSTOOD.UM, I, WE RELY ON OUR PROFESSIONAL STAFF FOR THAT.
UM, CERTAINLY A HOME BUILDER UNDERSTANDS WHAT PERCENTAGE O OPACITY VERSUS NOT IS BECAUSE THEY'RE SKILLED AT THEIR PROFESSION AND THEY PUT UP FENCES.
SO, BUT, UH, SO LET'S BE CAREFUL NOT TO CAST IT TO SOMEONE ELSE AND SAY WE, UH, THAT THEY KNOW OR THEY DON'T KNOW.
NOT TO CAST IT TO SOMEBODY ELSE, BUT MORE TO ALI UPT TO SOMEBODY ELSE.
WELL, UH, I, I WILL ACKNOWLEDGE CONSISTENT WITH THAT PERMIT.
I, I WILL ACKNOWLEDGE THAT CONSISTENT WITH THAT COPY OF THE PERMIT, IT DOES SEEM LIKE YOU WERE GIVEN PERMISSION FOR REAR INSIDE AND UP TO NINE FEET.
AND SO I CAN'T ARGUE WITH THAT NOW.
I THINK IT'S HORRIBLE THAT WE MAKE MISTAKES LIKE THAT.
AND UNFORTUNATELY WE DEAL WITH THAT ALL THE TIME.
BUT BELIEVE IT OR NOT, THAT'S NOT PART OF OUR CRITERIA.
IT'S NOT PART OF OUR CRITERIA.
AND MY ABLE BOARD ATTORNEY RIGHT HERE WOULD TELL ME, I HAVE TO ALMOST IGNORE THAT IN MAKING A DECISION BECAUSE IT'S NOT OUR CRITERIA.
IS THAT CORRECT, MR. BOARD ATTORNEY? THAT'S CORRECT, SIR.
SO I ALMOST HAVE TO IGNORE WHAT THAT PIECE OF PAPER SAYS.
NOW WE'RE HUMAN BEINGS AND WE'RE APPOINTED BY THE CITY COUNCIL TO MAKE DECISIONS BASED ON NOT CONTRARY PUBLIC INTEREST, RESTRICTIVE AREA, SHAPE AND SLOPE, AND NOT TO RELEASE SELF-CREATED HARDSHIP.
THOSE ARE OUR CRITERIA AND WE MAKE JUDGMENTS.
UH, I'VE HAD A CLOSER TO THE, TO THAT MICROPHONE.
UH, I'VE HAD A CHANCE TO REVIEW THE, THE PERMIT THAT YOU SUBMITTED.
UH, AND I DO SEE THE NINE FEET.
I SEE THE, UM, LOCATION IS NOTED.
UH, BUT IT DOES REFER TO THE PLAN, UM, AND AS THE PLAN AS SUBMITTED IN THE LANGUAGE OF APPROVAL, UH, YET I SEE A STAPLE UP AT THE TOP LEFT CORNER, BUT I DON'T SEE ANY PLAN.
I I THINK I'VE GOT YOUR SECOND PAGE HERE IF YOU'D LIKE TO SEE IT.
I, SO I'D, I'D LIKE I'LL GO AHEAD AND BRING THAT UP.
MRS. YOU'RE SOUNDING LIKE RACHEL NOW.
SO WHAT YOU'RE LOOKING FOR IS WHAT WAS ATTACHED.
SO YOU'RE, YOU'RE PROVIDING US WHAT WAS ATTACHED.
I DIDN'T HAVE A CHANCE TO STAPLE THOSE BEFORE I GOT OVER UHHUH.
WELL, I'M GONNA QUICKLY GIVE THIS TO MS. HAYDEN.
UH, MS. HAYDEN, YOU CAN INTERPRET THIS.
SO YOU'RE, YOU'RE TESTIFYING THAT THIS WAS ATTACHED TO THE SUBMITTAL, TO THE PERMIT? UH, I'LL LET THE BUILDER SPEAK TO THAT.
THIS IS WHAT HE SENT OVER TO ME AND I'LL LET HIM AND COME ON DOWN.
WHAT WAS ATTACHED TO WHAT WAS NOT ATTACHED.
MS. HAYDEN, UH, OR THIS IS DOVETAILING MR. EK'S QUESTION.
SO I'M GONNA GO TO MS. HAYDEN AND THEN LET MR. SAIK COME BACK IF HE HAS ADDITIONAL QUESTIONS.
YOU MAY WANNA LOOK AT THIS OVER HER SHOULDER, WHATEVER.
SO, UM, IT LOOKS LIKE THE FENCE IS ALONG THE PROPERTY LINE JUST AS IT IS IN OUR CURRENT SITE PLAN.
AND THEN, UM, AT THE BACK OF THE FENCE, UM, IT LOOKS LIKE IT'S ACTUALLY EVEN CLOSER TO THE HOME.
SO IT'S, YEAH, IT LOOKS LIKE THEY TRIED TO AVOID THE VISIBILITY TRIANGLES.
THEY PULLED THE, THEY PULLED THE FENCE BACK SOME.
SO IT'S ACTUALLY EVEN MORE INSIDE THE, THE LOT THAN IT WAS PREVIOUSLY WHEN THIS APPLICATION WAS SUBMITTED AND APPROVED.
SO WHAT CONCLUSION WOULD YOU HAVE THAT THERE? SO MY CONCLUSION IS THAT, UM, THIS WHAT WAS SUBMITTED WITH THE APPLICATION AND WAS APPROVED BY THE CITY IS, IS, UM, AT LEAST WRONG, BUT AT, AT LEAST AS CONSERVATIVE AS WHAT IS SUBMITTED TO US TODAY FOR THE VARIANCE.
DID YOU HAVE ANY QUESTIONS AS A FOLLOW UP TO THAT, TO THE BUILDER, MS. HAYDEN? NO, I DON'T HAVE ANY QUESTIONS.
MR. SAUK, SINCE YOU OPINED AND FOUND THE STAPLE, UH, WELL, IT DIDN'T LOOK FOR THE STAPLE.
I THOUGHT
WELL, BUT, BUT LOOKING AT IT, IT DOES, IT DOES LOOK LIKE IT WAS, THE PLAN DOES HAVE IT RIGHT ON THE LINE WHERE THEY BUILT IT, BUT THEY DID PULL IT IN FROM THE ALLEY, WHICH HAD SOME RESTRICTIONS.
SO IT'S REALLY EVEN WITH THE BACK OF THE HOUSE NOW.
SO, UM, ANYWAY, IT'S, IT IS WHAT IT IS.
I MEAN, THIS DOES SEEM TO BE WHAT, UH, WAS APPROVED AND IT DOES HAVE CITY STAMP ON IT, SO.
[03:00:01]
SEND THAT NOTE? DID EVERYONE, DID EVERYONE SEE IT THEN GIVE THAT TO MS. WILLIAMS 'CAUSE SHE NEEDS A COPY OF THAT FOR, FOR THE RECORD.DO WE HAVE ANY QUESTIONS FOR THE BUILDER AS IT RELATES TO THIS MR. SYKE? OR DOES THAT CLOSE THAT ISSUE? WELL, YOU KNOW, I WOULD JUST HAVE A, I DON'T KNOW IF IT'S A COMMENT NOW OR, BUT YOU KNOW, I MEAN, I'M LOOKING AT THE, REGARDING THE OPACITY OF THE FENCE.
I MEAN, YOU'VE GOT A FOUR FOOT SLOT AND A ONE INCH GAP, YOU KNOW, I MEAN, WELL, IT'S FOUR IN ONE, SO TO ME THAT'S 20% OPACITY OF WHAT YOU'VE GOT.
I MEAN, JUST DOING THE MATH WELL, YEAH, NO, IT'S 20, IT WOULD BE 20% OPACITY CAPACITY.
SO, BUT YOU KNOW, I MEAN, IF YOU'RE SAYING FOUR IN ONE, YOU KNOW, I DEAL WITH THIS ALL DAY LONG, THAT'S 20% IN MY BOOK.
SO, YOU KNOW, KNOW 20 OR 25% WHEN OPACITY IS 50%.
SO CLEARLY IT'S NOT, I THINK THE IMAGES THAT WE'VE SEEN ARE ACTUAL PICTURES, YOU KNOW, KIND OF TELLS A DIFFERENT STORY PERHAPS, UH, YOU KNOW, AS FAR AS WHAT THE VISUAL OPACITY IS.
BUT I JUST WANTED TO STATE THAT, THAT IT IS REALLY MORE 2020 5% ON A GOOD DAY.
THANK YOU MR. SAUK QUESTIONS FOR THE ARE DID YOU FINISH YOUR REBUTTAL COMMENTS? YOU, OUR RULES SAY YOU HAVE FIVE MINUTE REBUTTAL.
I WANNA MAKE SURE YOU FINISH WHAT YOU WANTED TO SAY.
QUESTIONS FOR THE APPLICANT? MR. NARY? YEAH, MR. CHAIRMAN, I, I'D LIKE TO ASK THE APPLICANT WAS THE BUILDER OR DEVELOPER THAT PUT THIS FENCE IN, OR WAS IT THE CURRENT OR PROPOSED HOMEOWNER THAT REQUESTED THIS FENCE BE BILLED? THE BUILDER, RIGHT? YOU GUYS PUTS IT IN, BUT YEAH, IT DESIGNED BY THE LANDSCAPE ARCHITECT.
IT, IT WAS INSTALLED BY A SUBCONTRACTOR, BUT YES, OUR, THE BUILDER DESIGNED IT AND, AND THE LANDSCAPE ARCHITECT DESIGNED IT AS WELL.
SO THE ANSWER, SO MR. SO MR. NE'S QUESTION WAS, I THINK, WAS IT THE BUILDER SLASH CONTRACTOR OR WAS IT THE PROSPECTIVE OWNER? THAT WAS HIS QUESTION.
CAN I ANSWER? IS IT OKAY? WHOEVER WANTS TO SPEAK FOR THE APPLICANT.
UM, THE, SO THE, UH, THE FENCE WAS PUT IN AT THE DESIGN OF THE, THE LANDSCAPE ARCHITECT DESIGNER THAT WAS FROM THE FUTURE OWNER, UM, MS. LONGORIA'S PARENTS, BUT THEN IT'S ONE OF OUR SUBS THAT PUTS IT IN.
SO IT WAS A SUBCONTRACTOR OF THE BUILDER.
THANK YOU THAT, THAT BUILT THE FENCE.
BUT TO FOLLOW MR. SAYE, DID YOU GO AHEAD.
YEAH, BUT TO FOLLOW UP, IT WAS ALL PLANNED TOGETHER.
SO THE FENCE, WHEN YOU CONSTRUCTED THE HOME, THE PLANS WERE THE LANDSCAPE ARCHITECT THEN WORKED IN CONCERT WITH THE CONTRACTOR TO DESIGN THE LANDSCAPE ELEMENTS OF THE HOUSE DESIGN.
AND THEN YOU STARTED EVERYTHING KIND OF IN ONE, ONE CONTRACT OR ONE PIECE, CORRECT? YES, SIR.
PRETTY MUCH WITH JUST A SLIGHT VARIATION OF THE FACT THAT, UM, THAT WE HAVE AN ARCHITECT THAT DESIGNED THE HOUSE AND THEN THE LONGORIA HAS HAD AN ARCHITECT THAT DESIGNED THE YARD AND POOL.
ALL AS A COHESIVE DESIGN THOUGH? YES, SIR.
SO I ASSUME IF THIS BOARD SEES FIT TO APPROVE THE THREE REQUESTS, UM, WE'RE, WE'RE TAKING THE CITY APPROVAL OF NINE FEET BACK TO DOWN TO SIX FEET, RIGHT? UH, DOES THE PERMIT, ALTHOUGH ISSUED ERRONEOUSLY, SAID NO MORE THAN NINE FEET? YES SIR.
SO MR. BOARD ATTORNEY, IF WE CHOOSE TO APPROVE THIS AND SAY SITE PLAN AND REFERENCE SIX FEET, THE PERMIT OF NINE FEET IS, IS NOT RELEVANT ANYMORE? THAT'S CORRECT.
AM AM I CORRECT? THAT'S CORRECT.
AGAIN, I'M JUST TRYING TO LOOK AT WHAT ARE WE ARE CONSIDERING FOR THE LAND.
THE, THE LANGUAGE IN THE MOTION TIES IT TO THE SITE PLAN.
THE SITE PLAN HAS IT AT SIX FOOT.
SO SIX FOOT IS THE NEW NUMBER.
UH, I, I'LL GIVE ANOTHER COMMENT TO THE APPLICANT THAT YOU DID A VERY GOOD JOB OF SOLICITING FEEDBACK IN YOUR GEOGRAPHIC AREA.
UM, THAT IS NOT BINDING TO THE BOARD, BUT IT'S ALWAYS PERSUASIVE.
IT'S NOT BINDING IS, BUT ANOTHER PROPERTY OWNER IN THE NEIGHBORHOOD IS NOT BINDING, BUT
[03:05:01]
IT'S PERSUASIVE.WHETHER OR NOT WE WOULD APPROVE THIS PROSPECTIVELY IF THIS WAS NEVER BUILT, I DON'T KNOW.
BUT, UM, WE TAKE ALL THESE FACTS INTO CONSIDERATION.
OTHER QUESTIONS FOR, FROM THE BOARD TO THE APPLICANT? MS. MARY, DO WE HAVE ANY OTHER SPEAKERS? NO, THE SPEAKERS, SIR.
THE CHAIR WOULD ENTERTAIN A MOTION.
YOU DON'T WANNA MAKE A MOTION? OKAY, MS. HAYDEN, I WAS GONNA GIVE IT TO YOU, MR. NER.
UM, I MOVE AT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 1 DASH 0 6 7 ON APPLICATION OF SHELBY LONGORIA.
GRANT, THE 18 FOOT FIVE INCH VARIANCE TO THE FRONT 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 CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
A 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.
A MOTION HAS BEEN MADE BY MS. HAYDEN TO GRANT THE REQUEST IN BDA 2 3 1 0 6 7 FOR THE 18 FOOT FIVE INCH, UH, VARIANCE TO THE FRONT YARD SETBACK, WHICH IS REALLY THE SIDE YARD, BUT UNDER THE CODE IT'S FRONT YARD.
UH, BUT THE SIDE YARD IS WHAT WE'RE TALKING ABOUT.
UM, IS THERE A SECOND? I'LL SECOND.
UM, I WANT TO ASK A QUESTION OF STAFF.
ARE YOU TOTALLY CONFIDENT THAT THE PLANS THAT YOU HAVE IN FRONT OF YOU THAT ARE IN THIS DOCKET, UM, ARE CORRECT AND, AND, UH, INSTRUCTIVE ENOUGH FOR BUILDING INSPECTION AND CODE COMPLIANCE SO THAT IT CAN BE PROPERLY ENFORCED.
I THOUGHT THAT WAS GONNA BE AN EASY ANSWER, BUT I GUESS NOT.
SO, SO, UH, WE'RE JUST GONNA HOLD FOR A SECOND.
I SENSE THE, NOT, I, I WANNA MAKE SURE ANY ACTION OF THE BOARD IS BASED ON COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS.
BECAUSE WHAT WE DO IS BASED ON SUBMITTED PLANS THAT THEN THEREFORE CAN BE ENFORCED.
AND I WANNA MAKE SURE THE PROFESSIONAL STAFF COLLECTIVELY SAYS THAT THE PLANS ARE SUFFICIENT.
IF YOU WOULD LIKE US TO RECESS, WE'D WE'LL LIKE TO DO THAT IN ORDER TO MAKE SURE YOU HAVE ONE VOICE.
BOARD OF ADJUSTMENT BOARD, HUNDRED PERCENT THE BOARD OF ADJUSTMENT AT FOUR 19.
FIRST OF ALL, MR. SAUK, WOULD YOU, WOULD YOU WITHDRAW YOUR MOTION? WOULD YOU WITHDRAW YOUR MOTION? OH, WHO MADE THE MO? I'M SORRY, MS. HAYDEN, WOULD YOU PLEASE WITHDRAW YOUR MOTION WITH MR. EK'S CONSENT? I JUST, UH, I WOULD LIKE TO WITHDRAW MY MOTION AND APPEAL NUMBER BDA 2 3 1 DASH 0 6 7.
MR. EK, WOULD YOU AGREE IS THE SECOND TO WITHDRAW THE MOTION? I'LL AGREE.
NOW THE PUBLIC HEARING IS STILL OPEN, SO, SO WE CAN, SO NOW I'M ASKING THE STAFF TO CLARIFY.
IT IS 4:20 PM ON THE 21ST OF MAY.
THE BOARD OF ADJUSTMENTS RECESSED UNTIL 4:30 PM ALL RIGHT.
IT IS 4:30 PM ON THE 21ST OF MAY.
THE BOARD OF ADJUSTMENT PANEL A IS HEREBY CALLED BACK TO ORDER.
UH, WE RECESSED, UH, WHILE DISCUSSING BDA 2 3 4 0 6 7 BDA 2 3, 4, 6 7, THERE WAS A QUESTION THAT THE CHAIRMAN ASKED TO STAFF REGARDING, DO WE HAVE SUFFICIENT, UH, DRAWINGS IN ORDER TO MAKE A DECISION FOR SUFFICIENT COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS? MS. BOARD ADMINISTRATOR? YES.
SO YOU'RE SAYING THE STAFF HAS SUFFICIENT PLANS FOR CODE COMPLIANCE AND OR BILLING INSPECTION TO BE ABLE TO, I INTERPRET BASED ON OUR DECISION TODAY, YES, SIR.
BASED UPON THE DRAWINGS AND BASED UPON IF, IF THEY RECEIVE A FAVORABLE RECOMMENDATION, THEN A FAVORABLE, FAVORABLE DECISION BASED UPON THOSE PLANS, IT WILL REFLECT THAT YOU GUYS ALLOW OKAY, THAT VARIANCE.
MM-HMM,
I THINK I'M GOING BACK TO MR. AK, OR, OR MS. RACHEL, MS. HAYDEN FOR A MOTION.
[03:10:01]
ADJUSTMENT AND APPEAL NUMBER BDA 2 3 1 DASH 0 6 7 ON APPLICATION OF SHELBY LONGORIA GRANT, THE 18 FOOT FIVE INCH VARIANCE TO THE FRONT 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 CODE AS 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 IS REQUIRED IN THE CASE OF BDA 2 3 1 10 67.
UH, MS. HAYDEN HAS MOVED TO GRANT THE REQUEST FOR AN 18 FOOT FIVE INCH VARIANCE.
THE FRONT YARD SETBACK, WHICH IS REALLY THE SIDE YARD, BUT UNDER THE CODES IS THE SECOND, UH, FRONT YARD.
UH, IS THERE A SECOND? I'LL SECOND.
ALRIGHT, DISCUSSION ON THE MOTION, MS. HAYDEN.
SO THE STANDARDS OF REVIEW FOR A VARIANCE ARE THAT IT NOT BE CONTRARY TO THE PUBLIC INTEREST.
UM, IN THIS CASE, WE HAD SEVERAL, UH, LETTERS OF SUPPORT, UM, AND ONE PERSON IN OPPOSITION, BUT NO OTHER LETTERS IN OPPOSITION.
AND, UM, JUST BASED ON THAT AND SOME OF THE, UH, INFORMATION THAT WE RECEIVE WITH THE SITE PLANS, I DON'T FEEL THAT IT'S, IT'S CONTRARY TO THE PUBLIC INTEREST.
UM, IT ALSO HAS, UH, UM, A REVIEW WOULD, UH, GRANTED A VARIANCE TO BE NECESSARY TO PREVENT DEVELOPMENT OF RESTRICTIVE AREA, SHAPE, OR SLOPE.
THE FACT THAT THIS HAS A 25 FOOT, 2 25 FOOT SETBACKS BECAUSE IT'S A CORNER LOT AND THE LOT DIRECTLY ACROSS THE STREET DOES NOT HAVE A 25 FOOT SETBACK ON THE SIDE, UM, MEANS THAT THIS, THIS LOT IS NOT COMMENSURATE WITH THE OTHER, UM, THE OTHER LOTS IN THE AREA AS AS, AS FAR AS SIZE.
UM, AND THEN THIS CANNOT BE GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.
UM, BECAUSE AGAIN, THE LOT SHAPE IS NOT A SELF-CREATED HARDSHIP.
UM, AND THE SETBACK IS NOT A SELF-CREATED HARDSHIP.
THOSE ARE THE THREE REASONS THAT I BELIEVE THAT THIS MEETS THE STANDARDS OF REVIEW FOR A VARIANCE.
MR. SAUK DISCUSSION ON THE MOTION? I, I WOULD AGREE WITH EVERYTHING MS. HAYDEN, UH, SAID.
AND I WOULD ADD THAT FOR ME, WHEN WE SAW THE, UM, THE SETBACK ON THEIR LOT VERSUS THE ONE ACROSS, UM, ORIO FROM THEM, THAT'S WHERE THE BLOCK SETBACK CHANGED BECAUSE OF THE ALLEY, UH, BECAUSE THEY'RE AN ALLEY.
AND THE OTHER ONES ALL SEEMED TO ENTER ON THAT OTHER SIDE, ENTER FROM THE FRONT, SO THERE WASN'T AN ALLEY.
SO I THINK THAT'S WHAT REALLY FOR ME, CREATED THAT.
THIS WAS MORE WITH THE LOT AND KIND OF A NUANCE FOR THAT ONE LOT IN THE NEIGHBORHOOD AS FAR AS I COULD SEE.
SO, YOU KNOW, ON, ON THOSE FOR THOSE REASONS I SUPPORTED THE MOTION.
I WOULD ADD, YOU KNOW, ONE OTHER COMMENT JUST ON THE, UM, THE NEIGHBORHOOD SUPPORT.
UH, EVEN IF YOU SUBTRACTED OUT THE TWO LOTS THAT WERE IN SUPPORT THAT ARE OWNED BY THE BUILDER, UH, WHO'S SUPPLYING FOR THIS LOT, UH, YOU KNOW, VARIANCES, UM, ARE EXCEPTIONS, UM, IT'S STILL OVERWHELMING SUPPORT IN THE NEIGHBORHOOD WITHOUT OP, UH, WITHOUT, UM, SIGNIFICANT OPPOSITION.
THANK YOU, MR. UM, EK ANY OTHER DISCUSSION ON THE MOTION? MS. DAVIS? I'LL SUPPORT THE MOTION.
I THINK YOU MEET THE CRITERIA AND I WAS JUST REALLY IMPRESSED WITH THE AMOUNT OF SUPPORT THAT YOU DID, THE AMOUNT OF OUTREACH.
I WISH EVERYBODY WOULD DO THAT BECAUSE WE DO LOOK AT IT, SO I APPRECIATE THAT AND I'LL BE A YES.
OTHER DISCUSSION IN THE MOTION? MS. BOARD SECRETARY CALL THE VOTE.
THE MOTION ON THE FLOOR IS BDA 2 3 1 0 6 7.
DID YOU SAY 2, 3, 1 OR TWO? THREE.
SO FOR THE RECORD, THIS IS WHY YOUR CHAIRMAN REPEATS MOTIONS.
UH, BEFORE WE VOTE, I KNOW MY WIFE SAYS TO ME ALL THE TIME, I SAY THINGS TWO, THREE TIMES.
UH, THE MOTION ON THE FLOOR IS IN BDA 2 3 4 0 6 7.
AND THE MOTION HAS BEEN SECONDED.
AND THE MOTION THAT WE'RE ABOUT TO VOTE ON IS TO GRANT WHETHER TO GRANT OR NOT.
THE 18 FOOT FIVE INCH VARIANCE TO THE FRONT YARD SETBACK REGULATION.
MS. BOARD SECRETARY CALL THE ROLL.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF VDA
[03:15:01]
2 3 4 0 6 7.THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO GRANTED GRANTS THE REQUEST FOR AN 18 FOOT FIVE INCH VARIANCE OF THE FRONT YARD SETBACK.
NEXT ITEM, UM, IS SAME DEAL MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BD 2 3 4 DASH SIX SEVEN ON APPLICATION OF SHELBY LONGORIA GRANT, THE REQUEST THIS APPLICANT, UH, TO CONSTRUCT OR, AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED.
UM, IN THE MATTER OF BDA 2 3 4 0 6 7, MS. HAYDEN HAS MADE A MOTION TO GRANT THE, UH, REQUEST TO HAVE A, UH, FENCE WITH, UH, OPACITY LESS THAN 50% OPEN SURFACE AREA.
IS THERE A SECOND, SECOND, SECOND.
MAD BY MS. DAVIS DISCUSSION OF THE MOTION.
MS. HAYDEN? MS. HAYDEN? SO THE CRITERIA FOR, UH, SPECIAL EXCEPTION TO FENCE OPACITY STANDARD REGULATIONS IS THAT THE EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
I BELIEVE THE, THE NUMBER OF LETTERS OF SUPPORT AND THE, AND THE, UH, TESTIMONY, UM, POINT TO, UM, THIS NOT AFFECTING, ADVERSELY AFFECTING NEIGHBORING PROPERTY.
I AGREE WITH MS. HAYDEN AND IT'S A REALLY NICE LOOKING FENCE.
SO I'M IN SUPPORT OF THE MOTION.
I'M GONNA, I'LL MAKE A COMMENT ON THIS.
I, I HESITATE ON SOLID FENCES AND WHEN ANY, WE DEAL WITH THINGS THAT, WITH THE QUESTION OF OPACITY, I HESITATE, UM, I HESITATE ON VISIBILITY TRIANGLE ISSUES.
I REALLY HESITATE ON THOSE BECAUSE THAT'S A SAFETY ISSUE.
I WORRY SOMETIMES ABOUT THE OPACITY ISSUE BECAUSE WE DON'T, WE WANT TO BE CAREFUL IN NEIGHBORHOODS.
UH, AND THIS IS A REASONABLY NARROW STREETS, NOT A WIDE STREET, NOT A NARROW STREET, BUT IT'S NARROW, REASONABLY NARROW STREET.
IT, IT CREATES A TUNNELING EFFECT.
I'M STEALING JANE MARY'S THUNDER.
A LOT OF TIMES THE TUNNELING EFFECT.
I DON'T THINK WE HAVE A TUNNELING EFFECT YET BECAUSE THERE'S NOT A FENCE ACROSS THE STREET OR DOWN THE STREET.
UM, BUT I THINK QUITE HONESTLY, AS MS. DAVIS HAD MENTIONED, UH, THAT THE, THE FENCE LOOKS NICE AND ALL THAT SORT OF DEAL, IT'S HARD FOR ME TO BELIEVE THAT, I GUESS IS, WHAT DID YOU SAY? 25%? 20, 25%.
UH, BUT IT STILL HAS LIGHT THAT GOES THROUGH IT.
AND SO BY VIRTUE OF THAT, I DON'T FEEL LIKE, I DON'T FEEL LIKE IT'S NON OPAQUE OR OPAQUE.
UH, AND SO SINCE I DON'T FEEL THAT WAY, I COULD LOOK BEYOND THE FACT THAT IT'S 25 VERSUS 51.
ARE THERE DISCUSSION ON THE MOTION? MOTION ON THE BOARD ON THE TABLE IS 2 3, 4, 6 7 TO GRANT HAVING LESS THAN 50% OPEN SERVICE AREA.
UH, YEAH, I'M GONNA BE VOTING, UH, AGAINST THIS MOTION.
UM, BECAUSE IT'S, IT DOESN'T COMPORT WITH THE EXISTING CODE ON OPACITY.
UM, I DO THINK THAT THE DEVELOPER BUILDER HAS AN OBLIGATION TO INFORM THEIR SUBCONTRACTOR OR LANDSCAPE ARCHITECT OR WHOEVER ACTUALLY DID THE CONSTRUCTION THAT THEY NEEDED TO COMPORT WITH THIS.
SO, UM, IT'S, FOR ME, IT'S KIND OF A BUILD IT AND ASK FORGIVENESS LATER, UH, TYPE QUESTION.
SO FOR THAT REASON, I'M GONNA BE VOTING AGAINST THE MOTION.
ANY OTHER DISCUSSION ON THE MOTION? MS. BOARD SECRETARY CALLED A ROLE FOR BDA 2 3 4 0 6 7.
AN APPLICATION TO GRANT THE REQUEST FOR HAVING, UH, OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA.
MOTION PASSES FOUR TO ONE IN THE MATTER OF BDA 2 3 4 DASH SIX SEVEN.
UH, THE BOARD APPROVES BY A VOTE OF FOUR TO ONE THE REQUEST TO, UH, TO GRANT, UH, OPEN SERVICE AREA OF LESS THAN 50%.
UM, AS REQUESTED LAST MOTION ON, ON THE, THE FLOOR.
MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 6 7 ON APPLICATION OF SHELBY LONGORIA GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT
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ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED IN THE MATTER OF BDA 2 3 4 0 6 7 A 0 6 7.
MS. HAYDEN HAS MOVED TO GRANT THE REQUEST TO MAINTAIN A SIX FOOT HIGH FENCE SPECIAL EXCEPTION.
UH, IS THERE A SECOND? SECOND.
IT'S BEEN SECONDED BY MS. DAVIS.
DISCUSSION, MS. HAYDEN? UM, I DO NOT BELIEVE THAT, UM, THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY.
IN ADDITION, THE, THE FACT THAT THE HOMEOWNER INTENDS TO, UH, INSTALL A POOL, I THINK IT'S SAFER TO HAVE A SIX FOOT FENCE THAN A FOUR FOOT FENCE AROUND THE POOL.
MS. DAVIS? I AGREE WITH MS. HAYDEN.
UH, I I'M GONNA MAKE A MR. N DID YOU WANNA MAKE A COMMENT ON THIS MOTION? UM, YEAH, PLEASE, MR. NARY, I, I AM GONNA BE VOTING IN FAVOR OF THIS MOTION.
UM, PRIMARILY BECAUSE THE BUILDING PERMIT WAS ISSUED BY THE CITY IN ERROR AND BECAUSE OF THE TWO FRONT YARD SETBACKS.
UM, HOLD ON, LET ME GRAB MY THOUGHTS.
I'M DISAPPOINTED IN OUR CITY STAFF FOR APPROVING TWO PERMITS OR THE PERMIT INCORRECTLY.
AND I COULD GO ON AND ON ABOUT MY DISAPPOINTMENT THAT CREATES ANGST AND ANGER AND CONFUSION.
UM, AND THAT'S NOT A FINGER POINTING TO THE STAFF THAT'S HERE, BUT THAT'S A, A FINGER POINTING TO OUR CITY.
AND THAT'S NOT GOOD FOR PROPERTY OWNERS.
THAT'S NOT GOOD FOR NEIGHBORS, THAT'S NOT GOOD FOR THE DEVELOPMENT COMMUNITY.
UM, THAT IS NOT PART OF OUR CRITERIA JUST BECAUSE SOMETHING IS, UH, BUILT OR PERMANENT IN AIR.
BUT IT DOES COME INTO OUR CALCULATION.
UH, I'M GONNA SUPPORT THE SIX FOOT HIGH, UM, BECAUSE ONE, I DON'T THINK IT'S OBTRUSIVE WHEN LOOKING AT THE PICTURES.
TWO, I AM ASTONISHED THAT THE AMOUNT OF SUPPORT IN THE NEIGHBORHOOD, I MEAN YOU GUYS DONE, THE APPLICANT HAS DONE A VERY GOOD JOB IN SOLICITING SUPPORT.
UM, AND NO ONE THING IS OVERWHELMING, BUT THAT, BUT THE, THE COMBINATION OF THINGS THAT YOU'VE PRESENTED ARE, ARE GOOD.
THERE IS A DANGER HERE OF A QUALIFIED CONTRACTOR MISSING THIS, WHETHER IT'S IN THE ORIGINAL APPLICATION PROCESS OR NOW A QUALIFIED CONTRACTOR CONSTRUCTION COMPANY SHOULD KNOW BETTER.
THEY SHOULD KNOW BETTER WHAT THE RULES ARE OF CORNER LOTS IF THEY'RE A QUALIFIED BUILDER.
NOW THAT BEING SAID, LUCKILY WHAT HAS BEEN DONE IS THE QUALITIES ENOUGH AND THE SUPPORT IN THE NEIGHBORHOOD OVERRIDES THAT.
OTHERWISE I'D SAY TEAR THE DAMN THING DOWN.
AND I WOULDN'T SAY IT WITH ANGER.
I'D SAY IT WITH, YOU SHOULD KNOW BETTER.
IN THE MATTER OF BDA 2 3 4 0 6 7, THE MOTION ON THE FLOOR IS TO GRANT THE REQUEST FOR A SIX FOOT SPECIAL EXCEPTION HEIGHT ON THE FENCE.
THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 DASH 0 6 7.
THE BOARD ON A VOTE OF FIVE TO ZERO UNANIMOUSLY APPROVES THE REQUEST FOR A, UH, SIX FOOT FENCE HEIGHT.
SPECIAL EXCEPTION YOU'LL BE GETTING LETTERS FROM OUR BOARD SE BOARD, UH, ADMINISTRATOR ON ALL THREE OF THOSE ITEMS. THANK YOU VERY MUCH FOR YOUR TIME TODAY.
BOARD MEMBERS, THAT IS THE LAST ITEM ON OUR AGENDA.
UM, UH, I WOULD SAY THAT OUR NEXT BOARD MEETING, OUR NEXT PANEL A MEETING IS JUNE 18TH.
LET ME MAKE SURE, AM I CORRECT GUYS? IT IS JUNE 18TH.
UM, IT CURRENTLY IS ON THE CALENDAR FOR 10:00 AM UM, I WILL ADVISE YOU WITHIN THE NEXT WEEK WHETHER IT'S 10 OR IF IT'S 10 30.
IS THAT WHAT OUR NUMBER IS FOR JUNE? I THINK IT IS SIX, CORRECT? I THINK I THINK IT'S SIX, RIGHT? SIX FOR C AND SIX FOR A.
BUT C HAD A ONE HOLDOVER, SO THEY HAVE SIX PLUS ONE.
WE HAVE, SO WE'LL, WE'LL, WE'LL COORDINATE WHETHER THEY'RE BOTH AT 10 OR BOTH AT 10 30.
'CAUSE I WANNA BE CONSISTENT TO FOR PRESENTATION TO THE PUBLIC.
SO WE'LL GET THAT FINALIZED HERE.
SO PLAN ON JUNE 18TH, UH, PROBABLY WE'LL BE HERE TOO WITH GOOD LUCK FROM OUR BOARD SECRETARY.
UM, AND IT'LL EITHER BE 10 OR 10 30.
UH, STRANGELY HAVE SEVEN CASES AND WE'RE OUT AT 4 45.
ALRIGHT, WITH THAT, UH, THE BOARD, THE CHAIR WOULD, UH, ENTERTAIN A MOTION TO ADJOURN.
I'LL MAKE A MOTION TO ADJOURN.
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TO ADJOURN.THOSE OPPOSED AT 4:46 PM BOARD OF ADJUSTMENT PANEL A IS HEREBY ADJOURN.