[Board of Adjustments: Panel A on July 16, 2024.]
[00:00:04]
GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT.
I AM DAVID NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF ITS PANEL A.
TODAY IS TUESDAY, JULY 16TH, 2024, WITH A TIME OF 1:00 PM AND I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT.
WE HAVE FIVE OF FIVE AND THEREFORE WE CAN PROCEED WITH A MEETING.
UH, FIRST ALLOW ME TO DO SOME INTRODUCTIONS.
AGAIN, MY NAME IS DAVID NEWMAN.
I'M CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF PANEL A TODAY.
TO MY IMMEDIATE LEFT IS ANDREW FINNEY, NICHOLAS BROOKS JAYNER, AND MICHAEL OVITZ.
TO MY IMMEDIATE RIGHT IS MATTHEW SAPP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
KAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER CAMBRIA JORDAN, OUR SENIOR PLANNER, DIANA MARK, WHO'S THE DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR, AND NORA COSTA, OUR SENIOR PLANS EXAMINER.
AND IN ADDITION, UH, WE HAVE OUR BOARD SECRETARY AND MEETING MODERATOR MARY WILLIAMS. BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS INTO THE RECORD, UH, AS TO HOW WE ARE GONNA CONDUCT THE HEARING TODAY.
MEMBERS OF THE BOARD OF ADJUSTMENT 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.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE ILLEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THIS HEARING TODAY AND HAVE REVIEW DETAILED PUBLIC DOCUMENT, WHICH EXPLAINS THE CASE AND WAS POSTED ON OUR CITY WEBSITE SEVEN DAYS PRIOR TO THE HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD.
SECRETARY, PLEASE RAISE YOUR HAND, MARY, TO OUR BOARD SECRETARY WHEN THE CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN OUR BOARD'S OFFICE AS PART OF THE PUBLIC RECORD.
APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL REQUIRE 75% OR FOUR AFFIRMATIVE VOTES.
IN ORDER FOR A, A SPECIAL EXCEPTION OR A VARIANCE TO BE APPROVED, YOUR REQUEST, FOUR OF THE FIVE MEMBERS SITTING IN FRONT OF YOU HAVE TO APPROVE IT.
NOT A SIMPLE MAJORITY, BUT FOUR OF FIVE.
ALL OTHER MOTIONS SIMPLY REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF TODAY'S BOARD'S ACTION WILL BE MAILED TO EACH 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.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING OUR PUBLIC TESTIMONY, WHICH IS FIRST FOR A MAXIMUM THREE MINUTES, AND YOU CAN SPEAK TO ANY ITEM ON THE AGENDA DURING THE PUBLIC TESTIMONY.
UH, WHEN YOUR CASE IS CALLED, YOU'RE ALLOWED UP TO FIVE MINUTES TO SPEAK FIRST THE APPLICANT.
UH, THEN ANYONE IN FAVOR THAN ANYONE IN OPPOSITION, THEN THE APPLICANT'S GIVEN A FIVE MINUTE, THE APPLICANT'S GIVEN A FIVE MINUTE REBUTTAL TIME PERIOD.
UH, AS THE PRESIDING OFFICER, I CAN ADJUST THAT TIME, BUT I NEED TO BE FAIR AND EQUAL TO ALL PARTIES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO, BOTH AUDIO AND VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE, WILL BE ALLOWED.
ALL COMMENTS ARE TO BE DIRECTED TO MYSELF AS THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
OKAY, THOSE ARE OUR PUBLIC ANNOUNCEMENTS OR PROCEDURE FOR OUR HEARING TODAY.
I'D LIKE TO PREVIEW OUR AGENDA FOR THE BOARD.
UH, WE'RE ABOUT TO DO PUBLIC TESTIMONY AND THEN WE'LL DO MISCELLANEOUS ITEMS, WHICH ARE GONNA BE APPROVAL OF OUR MEETING MINUTES REVIEW AND APPROVAL OF JUNE 18TH.
THEN THE FIRST CASE WE WILL CALL TODAY IS THE FEE WAIVER REQUEST AT 55 0 3 MONSO AVENUE.
AFTER THAT, WE'LL GO TO THE ONE ITEM THAT'S LEFT ON THE UNCONTESTED DOCKET, WHICH IS 57 11 DELO AVENUE.
AFTER THAT, WE'LL GO TO THE INDIVIDUAL CASES, WHICH IS CHURCHILL WAY, THEN CLINTON AVENUE, THEN STRAIGHT LANE, THEN MERCER DRIVE, THEN MIDWAY ROAD.
UM, THE FIRST ITEM ON OUR AGENDA TODAY IS PUBLIC TESTIMONY.
MS. BOARD SECRETARY, DO WE HAVE ANYONE REGISTERED FOR PUBLIC TESTIMONY? NO, NOBODY REGISTERED AS A PUBLIC SPEAKER.
NEXT ITEM ON OUR AGENDA TODAY IS OUR MEETING MINUTES.
THE CHAIR WOULD ENTERTAIN A MOTION.
MR. BROOKS, MR. CHAIR, I MOVE THAT WE APPROVE THE MINUTES.
[00:05:01]
HAS MOVED TO APPROVE THE JUNE 18TH, 2024 MEETING MINUTES FOR PANEL A.IT'S BEEN SECONDED BY MR. FINNEY.
DISCUSSION ON THE MOTION HEARING? NO DISCUSSION.
MANY MINUTES ARE APPROVED AS PRESENTED.
NEXT ITEM ON OUR AGENDA AS I COMMUNICATED IS THE FEE WAIVER REQUEST.
UM, THE FEE WAIVER REQUEST IS BD 2 3 4 DASH SEVEN SIX FR ONE.
IS THE APPLICANT HERE? SHE IS ONLINE.
MS. MICHELLE STEVENS, IF YOU CAN PLEASE PROVIDE VIDEO.
UM, WE CAN'T HEAR YOU VERY WELL.
YOU CANNOT, UM, HOLD ON ONE MOMENT.
AND WHILE WE'RE GETTING THE TECHNOLOGY SET BOARD MEMBERS, I AM FORWARDING DOWN FOR A SECOND TIME, UM, INFORMATION REGARDING EACH CASE.
SO I'M GONNA SEND THIS DOWN FOR YOUR CONSUMPTION DURING THE PUBLIC HEARING NOW, AND WE'LL WAIT FOR OUR BOARD SECRETARY TO, TO HANDLE THAT.
CAN YOU TRY AGAIN, PLEASE? YES.
CAN YOU HEAR ME NOW? YES, WE CAN HEAR YOU.
CAN YOU HEAR ME NOW? OH MY GOD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
IT'S MICHELLE STEVENS, 5 5 0 3 MONTICELLO AVENUE, DALLAS, TEXAS 7 5 2 0 6.
UM, WITHOUT, UH, UH, GIVING YOU ALL THE DETAILS OF MY CASE, AGAIN, IT'S A FENCE REPLACEMENT ALONG, UM, A CORNER LOT, UM, AT MCMILLAN AVENUE.
I KNOW YOU DON'T HAVE THE DIAGRAMS, UM, BUT I THINK, UH, MY SHORT DOCUMENT THERE JUST EXPLAINS THE SITUATION WHERE, UM, I WAS PREPARED TO PAY THE $600 FEE WHEN SUBMITTING MY APPLICATION AND WAS SHOCKED OR SURPRISED TO LEARN, UH, IN APRIL WHEN I SUBMITTED THE APPLICATION THAT IT WAS ACTUALLY TWO REQUESTS AND NOT, UH, NOT JUST ONE.
SO ONE RE UH, REQUEST WAS FOR AN EXCEPTION, UH, FOR THE VISIBILITY TRIANGLE FOR THE DRIVE APPROACH.
AND THE SECOND REQUEST WAS THE VISIBILITY TRIANGLE FOR THE ALLEY ACCESS.
SO, UM, NEEDLESS TO SAY, I, I PAID THE, UM, $1,220 IN APRIL TO, YOU KNOW, CONTINUE THE APPLICATION PROCESS.
UM, BUT UH, AGAIN, I WAS SURPRISED AND THE COST FOR THIS, UH, FENCE IS BALLOONING.
UM, AS IS, I THINK IN THE, IN THE SAME MONTH THAT I, I, I PAID THAT FEE.
I GOT MY HOMEOWNER'S INSURANCE RENEWAL NOTICE OF A, A, A DOUBLING IN MY PREMIUM.
SO JUST SHOCKED TO LEARN OF, UM, ALL THE INCREASES ALL THE WAY AROUND OF HOME OWNERSHIP.
UM, BUT MY HUSBAND AND I ARE RETIRED.
WE, UM, OBVIOUSLY MANAGE OUR MONEY VERY CLOSELY.
WHILE THIS DOES NOT, UM, CONSTITUTE A HARDSHIP WHERE WE HAVE TO SELL OUR HOME OR PUT US IN A POSITION WHERE WE CAN'T BUY GROCERIES, UM, IT IS, UH, BALLOONING THE COST FOR THIS, UH, SIMPLE FENCE REPLACEMENT.
UM, ALONG WITH, AND THIS IS JUST ANECDOTAL, BUT THE COSTS HAVE INCREASED BECAUSE THE FIRST FENCE COMPANY THAT WE CONTRACTED WITH A APPARENTLY DOESN'T HAVE ENGINEERING, UM, CAPABILITY AND JUST CREATING THE SITE PLANS TO AN ENGINEER SCALE WAS TOO MUCH FOR THEM.
THEY ENDED UP TRYING TO DO IT AND JUST DROPPED MY CONTRACT.
SO I HAD TO GO WITH THE SECOND, UM, FENCE COMPANY, WHICH WAS MORE EXPENSIVE.
UM, BUT I, UH, ACTUALLY, UH, UM, HAD THE ENGINEER SCALE DRAWINGS DONE MYSELF BY JUST WORKING WITH A FRIEND OF MINE WHO HAS ENGINEER AND CAD CAPABILITY.
SO NEED THAT'S, THAT'S REALLY THE STORY.
UM, AND JUST TO REQUEST THAT I'M HAPPY TO PAY THE 610, BUT AS AM JUST ASKING FOR A WAIVER ON THE SECOND $610 FEE.
THANK YOU, MS. STEVENS, I APPRECIATE YOUR, YOUR COMMENTS.
UH, DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT, MR. VEZ? SO PART OF OUR CRITERIA FOR DETERMINING GRANTING FEE REIMBURSEMENTS IS THE MATERIAL FINANCIAL
[00:10:01]
HARDSHIP THAT HAS INCURRED, FROM WHAT I'M HEARING YOU SAY, UM, YOUR PROJECT COST INCREASE, BUT I'M NOT HEARING THAT IT'S, UH, MATERIAL FINANCIAL HARDSHIP.'CAUSE YOU MAYBE THE CRITERIA SAYS SUBSTANTIAL.
AND I HAVE A QUESTION FOR THE CHAIR.
UM, THE REQUEST THAT WE DISCUSSED THIS MORNING WAS FOR A WAIVER OF ONE FILING FEE.
THERE ARE TWO MOTIONS IN FRONT OF US, TWO DIFFERENT FEES.
COULD WE GET SOME CLARIFICATION ON WHAT WE'RE ACTUALLY CONSIDERING? YES, MR. BOARD ATTORNEY.
THERE WERE TWO, UH, ITEMS THAT WERE REQUESTED LAST MONTH.
I BELIEVE ONE WAS A 20 FOOT VISIBILITY TRIANGLE.
ONE WAS A TRIANGLE AT A DRIVEWAY AND ONE WAS A TRIANGLE AT THE ALLEY.
SO THERE WERE TWO VISIBILITY APPROACHES THAT WERE TWO ITEMS. SO THERE ARE TWO FEES, RIGHT, BUT SHE'S ASKING FOR HALF ONLY ONE OF THE FEES BACK.
SO I MEAN, YOU COULD GRANT BOTH OF 'EM, OR THAT'S IN THE DISCRETION OF THE BOARD.
YOU COULD GRANT ONE, YOU COULD GRANT NONE.
SO MR. KOVICH, THE ORIGINAL, THE APPLICANT'S ORIGINAL APPLICATION, UH, SAID 20 FOOT FEET VISIBLY TRIANGLE FOR DRIVER APPROACH, 20 FOOT VISIBLY TRIANGLE FOR ALLEY AND REQUESTING FEE WAIVER.
AND WHAT WAS MISSED BY THE STAFF IS PUTTING ON THE AGENDA FOR THE REQUEST FOR FEE WAIVER.
BUT THE ORIGINAL REQUEST WAS FOR THREE THINGS, THE ALLEY, THE DRIVEWAY, AND THE FEE WAIVER.
THAT WAS THE ORIGINAL REQUEST.
SO WHAT I'M, WE HEARD THIS MORNING FROM THE APPLICANT WAS THEY'RE ONLY ASKING FOR RE REFUND ON ONE OF THE TWO THAT WAS PREVIOUSLY ASKED FOR.
IS, IS THAT CORRECT, MS. STEVENS? THAT IS CORRECT.
IT'S ONE DRIVEWAY, BUT IT HAPPENS TO BE ON AN ALLEY.
AND IT'S TWO, TECHNICALLY TWO EXCEPTIONS.
AND IT'S WITHIN, TO, BACK TO YOUR QUESTION, IT'S WITHIN THE BOARD'S DISCRETION TO GRANT NONE TO GRANT ONE OF THEM OR BOTH OF THEM.
UH, UM, QUESTIONS THAT WE HAVE FOR THE APPLICANT.
I'LL MAKE A COMMENT TO YOU, MS. STEVENS.
UM, THE CRITERIA THAT WE AS A BOARD HAVE IS, IS IT'S STATED SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT.
IT DOES NOT SPECIFY THE CRITERIA FOR THAT SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT.
I KNOW, UM, I'M, I'M IN FAVOR OF GRANTING ONE OF THEM, BUT I'M JUST ONE VOTE.
AND THE REASON I'M IN FAVOR OF GRANTING ONE OF THEM IS BECAUSE OF THE MISTAKE THAT WAS MADE THAT FORCED YOU TO HAVE TO COME BACK INSTEAD OF IT BEING HANDLED WHEN THE CASE WAS ORIGINALLY HEARD.
YOU, I'M LOOKING AT, I KEPT THE DOCKET FROM LAST MONTH.
YOU HAD FILED YOUR DOCKET ON THE 25TH OF APRIL AND HAD CLEARLY MADE THE REQUEST AND IT JUST GOT MISSED.
SO, UM, I DID NOT KNOW UNTIL JUST NOW THAT YOUR REQUEST WAS FOR ONE OF THE, THE TWO, BUT I THINK, UH, THAT MAKES IT EVEN MORE FAIR.
BUT THAT'S MY EDITORIAL COMMENT.
SO, UH, QUESTIONS ELSE FROM FROM THE BOARD? JUST THE COMMENT, MR. CHAIR.
MR. I'M BROOKS ALSO INCLINED TO, UH, GRANT ONE FEE WAIVER AS THE APPLICANT'S REQUESTED.
ARE THERE QUESTIONS THAT WE HAVE FOR THE APPLICANT? UH, IS THERE ANYONE REGISTERED IN OPPOSITION FOR THIS REQUEST? MS. WILLIAMS? NO.
UM, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. BROOKS, MR. CHAIR, I HAVE A MOTION PLEASE.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 4 DASH SEVEN SIX FR ONE ON APPLICATION OF MICHELLE STEVENS GRANT THE REQUEST TO REIMBURSEMENT OF THE FILING FEES TO BE PAID IN ASSOCIATION WITH A REQUEST FOR A SPECIAL EXCEPTION TO THE 20 FOOT VISIBLE OBSTRUCTION AT THE DRIVEWAY APPROACH BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT IN THE CASE OF BDA 2 3 4 0 76 FR ONE.
MR. BROOKS HAS MADE A MOTION TO GRANT THE REQUEST FOR A FEE, A FILING FEE, UH, REIMBURSEMENT REGARDING THE 20 FOOT VISIBILITY OBSTRUCTION IN THE DRIVEWAY APPROACH.
IS THERE A SECOND? I ANDREW FINNEY SECOND.
THE MOTION, UH, MR. FINNEY SECOND IN THE MOTION.
DISCUSSION ON THE MOTION MR. BROOKS, I'M MOVED BY THE APPLICANT'S TESTIMONY THAT THIS IS A SUBSTANTIAL, UH, FINANCIAL HARDSHIP, MR. FINNEY.
UM, AND, UH, I ECHO, UM, THOSE SENTIMENTS AND, UM, I THINK THAT'S ONLY EXACERBATED BY THE ADDITIONAL
[00:15:01]
TIME TAKEN TO COME BACK AND, UH, RESOLVE THIS ISSUE.ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE WILL GO TO A VOTE ON THE MOTION.
THE BOARD SECRETARY WILL CALL FOR A VOTE.
MOTION PASSES TO GRAND FIVE ZERO IN THE MATTER OF BDA 2 3 4 DASH 0 7 6 HYEN FFR ONE.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO GRANTS THE REQUEST FOR REIMBURSEMENT FOR THE FILING FEES FOR THE 20 FOOT VISIBLY OBSTRUCTION AT THE DRIVEWAY BROACH.
IS THERE, UH, SINCE MR. BOARD'S ATTORNEY, I GUESS WE HAVE TO DEAL WITH BOTH CORRECT? SO, CORRECT.
SO WITH THE SECOND MOTION, UM, YOU CAN MAKE A MOTION FOR TO APPROVE, TO DENY OR TO HOLD OVER.
OR IF YOU MAKE NO MOTION, IT WILL BE DEEMED, UH, DENIED WITH PREJUDICE.
THE CHAIRMAN ENTERTAIN A MOTION.
MR. HAITZ, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 7 6 DASH FR ONE ON APPLICATION OF MICHELLE STEVENS DENY THE REQUEST REIMBURSEMENT TO THE FILING FEES PAID IN ASSOCIATION WITH A REQUEST FOR SPECIAL EX EXCEPTION TO THE 20 FOOT BILLABILITY AND OBSTRUCTION AT THE ALLEY AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE 'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT PAYMENT OF A FEE WOULD NOT RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT IN THE MATTER OF BDA 2 3 476 FFR ONE.
THE MOTION BY MR. HAITZ IS TO DENY WITHOUT PREJUDICE THE REQUEST FOR FEE REIMBURSEMENT FOR THE 20 FOOT VISIBILITY OBSTRUCTION OF THE ALLEY.
DISCUSSION ON THE MOTION MR. HAITZ? UM, AS THE RECORD SHOWS, I, I VOTED IN FAVOR OF WAIVING THE FEE ON THE FIRST MOTION.
UM, ONE FEE REQUEST, UH, ONE FEE REIMBURSEMENT REQUEST WAS MADE AND I, I DON'T FEEL COMPELLED TO GRANT A SECOND ONE.
MR. BROOKS DISCUSSION ON THE MOTION? NOTHING FURTHER.
UH, MY COMMENT IS I'D BE ALMOST WILLING TO DO BOTH
'CAUSE I'M DISAPPOINTED THAT WE'D FORCE THE APPLICANT TO COME BACK A SECOND TIME, BUT I THINK IT WAS WISE OF YOU TO SPLIT THE DIFFERENCE AND ASK FOR ONE AND GO FROM THERE.
AND I THINK THAT, YOU KNOW, I COULD GO WITH THAT.
SO I'M, I'M, I WILL SUPPORT THE MOTION AS PRESENTED.
DISCUSSION ON THE MOTION HEARING? NO DISCUSSION WILL CALL FOR THE VOTE MS. BOARD SECRETARY MR. BROOKS? AYE.
MOTION PASSES TO DENY WITHOUT PREJUDICE.
FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 0 7 6 DASH FFR ONE.
UM, THE BOARD DENIES WITHOUT PREJUDICE BY A VOTE OF FIVE TO ZERO, THE REQUEST FOR FEE REIMBURSEMENT FOR THE, THE REQUEST ON TO A SPECIAL EXCEPTION FOR THE 20 FOOT VISIBILITY OBSTRUCTION FOR THE ALLEY.
UH, YOU'LL BE GETTING COMMUNICATION MA'AM FROM THE CITY STAFFER AND ASSUMING A CHECK IN THE MAIL.
I APPRECIATE YOUR TIME, UHHUH.
UH, THE NEXT ITEM ON OUR AGENDA TODAY IS OUR UNCONTESTED DOCKET.
UH, WE HAVE ONE ITEM ON THE UNCONTESTED DOCKET UNLESS ANY INDIVIDUAL BOARD MEMBER WANTS TO PULL IN THE OTHERS SO WE DON'T.
SO THIS ITEM IS BDA 2 3 4 DASH 81.
UH, IS THERE A MOTION MR. FINNEY? I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET 'CAUSE IT APPEARS FOR MY EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BD 2 3 4 0 81 APPLICATION OF JENNIFER HI MOTO FOR SPECIAL EXCEPTION TO THE DEFENSE SITE REGULATIONS AND THE FRONT YARD OF 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 0 A ONE APPLICATION OF JENNIFER HIR MOTO FOR A SPECIAL EXCEPTION TO THE FENCE OPACITY REGULATIONS AND THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
[00:20:01]
JENNIFER HI MOTO, FOR SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS AND THE SIDE YARD OF 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.
IT'S BEEN MOVED BY MR. FINNEY THAT THE BOARD APPROVED BDA 2 3 4 0 81 FOR THE FENCE HEIGHT REGULATION IN THE FRONT YARD, THE FENCE OPACITY REGULATIONS AND FENCE HEIGHT IN THE SIDE YARD.
IS THERE A SECOND ON THE MOTION? I'LL SECOND.
MR. FINNEY? UM, I THINK IT WAS CLEAR THAT THE REQUEST WAS JUSTIFIED, UM, GIVEN THE PROXIMITY TO THE TOLLWAY.
UM, AND THERE'S NO NEED TO DELIBERATE MR. NERING.
UM, I I JUST SECOND WHAT MR. FINNEY SAID.
I HAVE NOTHING FURTHER TO ADD ANY OTHER DISCUSSION OF THE MOTION.
SEEING NONE, THE BOARD SECRETARY WILL CALL FOR A VOTE.
MOTION PASSES TO GRANT FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 0 0 81.
THE BOARD, UH, UNANIMOUSLY APPROVES THE FENCE SITE REQUEST, THE OFFENSE OPACITY REQUEST AND THE FENCE HEIGHT REQUEST.
YOU'LL BE GETTING A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
OKAY, OUR NEXT ITEM ON OUR AGENDA IS BDA 2 3 4 DASH 0 82 2 3 4 DASH 0 82.
THIS IS AT 7 1 1 7 CHURCHILL WAY, 7 1 1 7 CHURCHILL WAY IS THE APPLICANT HERE MS. MONICA HERNANDEZ? SHE IS ONLINE.
MS. HERNANDEZ, IF YOU CAN PROVIDE VIDEO PLEASE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
7 8 2 1 PLANO, TEXAS 7 5 0 2 5.
UM, WELL, WE WANTED TO GO AHEAD AND REQUEST THIS EXCEPTION BECAUSE THE HOMEOWNERS CURRENTLY HAVE, OR, WELL, THEY HAVE A SON WHO IS WITH SPECIAL NEEDS AND THEY WANTED TO ENCLOSE THE FRONT OF THE YARD IN ORDER TO BE ABLE TO ALLOW HIM TO ROAM AROUND THE FRONT YARD WITHOUT ANY PROBLEMS OR ANY CROSSING LIKE FOR HIM TO BE ABLE TO CROSS THE STREET, UM, IT IS NEEDED FOR HIS WELLBEING.
UM, AND THAT IS THE REASON WHY WE'RE DOING IT OR WE'RE REQUESTING THIS EXCEPTION.
I'M ALSO HERE TO ANSWER ANY QUESTIONS.
THANK YOU VERY MUCH MS. HERNANDEZ.
UM, BEFORE I PROCEED, LET ME ASK MS. WILLIAMS, DO WE HAVE THE OTHER SPEAKERS FOR OR AGAINST? NO SIR.
UM, DID YOU, ARE YOU, YOU'RE REPRESENTING THE, THE HOMEOWNER, CORRECT? CORRECT.
UH, DID YOU MAKE ANY EFFORT TO REACH OUT TO THE SURROUNDING PROPERTY OWNERS? I DID MAKE, UM, EFFORT TO REACH OUT TO THE SURROUNDING PROPERTY OWNERS, BUT I DID NOT GET A RESPONSE FROM NEITHER OF THEM.
UH, WERE YOU AWARE OF THE TWO PROPERTY OWNERS THAT, THAT RESPONDED AGAINST THIS REQUEST? I WAS NOT.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT, MR. BROOKS? MR. HERNANDEZ, WHAT IS YOUR OPINION ON WHETHER THIS IS GONNA ADVERSELY AFFECT NEIGHBORING PROPERTY? MY OPINION ABOUT ADVERSELY AFFECT, I, I REALLY DIDN'T SEE THAT IT WAS GOING TO AFFECT THE NEIGHBORING PROPERTIES GIVING THAT IS ONLY THREE, UM, HOUSES ON THAT SAME STREET, WHICH ARE TO THE LEFT AND TO THE RIGHT AND SEEING AS WELL AS THIS MORNING THAT THEY WERE NOT AGAINST IT AND THEY DIDN'T HAVE ANY, UM, ANY PROBLEM WITH IT.
I, I UNDERSTAND THAT NO OTHER PROPERTIES AROUND THERE HAVE A FRONT YARD, UM, FENCE, BUT GIVING THE, THE SITUATION WHERE THEY REALLY WANT THIS IN ORDER TO BE ABLE TO GIVE THEIR SON A WELLBEING, JUST OPPORTUNITY TO ROAM AROUND.
I, I WOULDN'T THINK IT WOULD BE AN ISSUE.
THEY ALSO MENTIONED THAT IT WOULDN'T JUST BE A, WOULDN'T BE OFFENSE, THEY WOULD TRY THEIR BEST TO HAVE,
[00:25:02]
UH, LANDSCAPING SO THAT IT ALSO LOOKS WELL AND KEPT UP.ANY OTHER QUESTIONS? MR. BROOKS? I HAVE A QUESTION FOR YOU, MS. HERNANDEZ, WHY SEVEN FEET, SIX INCHES? UH, SEVEN FEET.
THE CODE PROVIDES, THE CODE PROVIDES HOMEOWNERS THE OPPORTUNITY TO PUT A FENCE IN, UH, BY, RIGHT UP TO FOUR FEET.
SO WHY SEVEN FEET, SIX INCHES? WELL, SEVEN FEET IS THE, THE GATE FOR THE VEHICLES THAT IT'S THE TALLEST, UM, ONE THAT, IT IS, THE WHOLE FENCE WOULD, I THINK, I BELIEVE THE FENCE ITSELF WOULD BE FIVE FEET, SIX INCHES.
SO THE FENCE, THE, THE GATE AT SEVEN FEET, SIX INCHES AND THE BALANCE OF THE FENCE YOU'RE SAYING IS FIVE FEET? I'M LOOKING ON THE MAPS THAT WE HAVE.
IS THAT WHAT YOU'RE SAYING? CORRECT.
IS THAT WHAT YOU'RE REQUESTING? CORRECT.
I I DON'T HAVE ANY OTHER QUESTIONS AT THIS POINT IN TIME.
ANY OTHER QUESTIONS, MR. FINNEY? UM, JUST TO ECHO OR BUILD ON THAT THREAD.
SO WHAT, WHY, WHY FIVE FEET? WHY, WHY AN EXTRA FOOT? UM, FOR THE MAJORITY OF THE FENCE, THEY'RE JUST WANTING IT TO NOT LOOK LIKE A REGULAR FOUR, FOUR FOOT FENCE.
THEY ALSO WANT IT TO LOOK NICE AND THEY'RE THAT WAY THAT THE NEIGHBORHOOD ALSO LOOKS NICE WITH THE FENCE, NOT JUST HAVING A, A SMALL FORFEIT FENCE, WHICH IS ALSO SOMETHING EASY THAT THEIR SON CAN CLIMB OVER.
I'M PASSING BACK, UH, IN THE YELLOW FOLDER.
THE THE FEEDBACK FROM THAT WE RECEIVED, IT'S THE SAME THING I PASSED THIS MORNING AT THE BRIEFING SO THAT YOU HAVE ANOTHER OPPORTUNITY TO LOOK AT IT IF YOU SO CHOOSE.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR HOP? UH, MS. HERNANDEZ, UM, THE REASON YOU'RE PROVIDING IN YOUR TESTIMONY RIGHT NOW IS WHAT, CAN YOU TELL US WHY THAT WAS NOT INCLUDED IN THE INFORMATION THAT WAS FILED FOR THE, FOR THE ZONING VARIANCE? THE REASONING BEHIND IT? YES.
THERE'S, THERE'S NO MENTION OF ANY SPECIAL NEEDS PERSON OR ANYTHING IN THE APPLICATION IS JUST, IS SIMPLY ASKING FOR, UH, THE, A HIGHER FENCE TO BE PERMITTED.
WE DIDN'T THINK THAT IT WAS NEEDED TO PROVIDE, BUT NOW THAT IT WAS BROUGHT UP, WE WANTED TO PROVIDE THAT INFORMATION.
ANY OTHER QUESTIONS AT THIS TIME? UH, YES.
MR. FINNEY, UH, FORGIVE ME IF YOU STATED THIS, BUT DID YOU, DID YOU ACTUALLY SPEAK, UH, OR DID THE APPLICANT SPEAK TO ANY OF, OF THEIR NEIGHBORS ABOUT THIS, LIKE IN PERSON? UM, THAT WAS A QUESTION TO YOU, MR. MS. HERNANDEZ.
UH, NO, I WAS NOT ABLE TO REACH ANY OF THE NEIGHBORING PROPERTIES.
I REACHED OUT BUT WASN'T ABLE TO SPEAK TO ANY OF THEM.
THE CHAIR WOULD ENTERTAIN A MOTION.
I'LL MAKE ONE IF NO ONE ELSE DOES OR TWO.
I'LL, I DON'T WANNA STEP ANYONE.
MR. CHAIR, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 8 2 ON APPLICATION OF MONICA HERNANDEZ DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SEVEN FOOT SIX INCH HIGH FENCE WITHOUT PREJUDICE.
'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.
IT'S BEEN MOVED IN THE CASE OF BDA 2 3 4 0 8 2 TO DENY WITHOUT PREJUDICE THE REQUEST BY MR. BROOKS, IS THERE A SECOND? SECOND SECONDED BY MR. KOVICH, AS IS MY CUSTOM.
I ALWAYS GO TO THE MOTION MAKER FIRST FOR DISCUSSION AND THE SECOND, THEN I OPEN IT UP.
MAN, I'M, I'M VERY SYMPATHETIC TO THE APPLICANT'S REQUEST HERE.
I UNDERSTAND WHY YOU MIGHT NEED TO ENCLOSE THE FRONT YARD WITH A WAKE IN THE BACKYARD AND, UH, A SPECIAL NEEDS CHILD, BUT I, BUT I, I, MR. UH, FINNEY AND CHAIR NEWMAN'S LINE OF QUESTIONING REGARDING THE FENCE HEIGHT IS
[00:30:01]
COMPELLING TO ME.I DON'T KNOW THAT YOU NEED A SEVEN FOOT SIX HIGH FENCE TO DO THIS.
YOU HAVE NEIGHBORS WHO ARE IN OPPOSITION.
UM, THERE ARE NO NEIGHBORS IN SUPPORT.
UM, I I, I DO THINK THIS HAS WILL ADVERSELY AFFECT, UM, NEIGHBORING PROPERTY AND, AND I THINK THE STATED GOAL OF THE APPLICANT CAN BE ACCOMPLISHED, UM, A DIFFERENT WAY.
SO THAT'S, THAT'S WHY I MADE THE MOTION.
MR. HAITZ, UM, I AGREE WITH THOSE COMMENTS, AND I WOULD, UM, AS WELL THAT FROM OUR PRESENTATION OF THAT INFORMATION THIS MORNING, UH, THAT FENCE AS REQUESTED, WOULD APPEAR TO BE VERY OUT OF CHARACTER WITH THE NEIGHBORING PROPERTIES DISCUSSION AND THE MOTION, MR. FINNEY? YEAH.
UM, THE REASON I WILL SUPPORT THIS MOTION, UM, IS IT, I, I THINK IT'S REALLY IMPORTANT TO MAKE AN EFFORT TO, TO DISCUSS WITH YOUR NEIGHBORS, UM, ESPECIALLY IF IT'S SOMETHING THAT'S CLEARLY, UH, OUT OF CHARACTER WITH THE NEIGHBORHOOD, UM, AND GIVEN, GIVEN THE TIME THAT THE APPLICATION WAS SUBMITTED TO THE HEARING DATE.
UM, I THINK THAT SHOWING MORE EFFORT MADE TO, TO, TO REACH OUT TO YOUR NEIGHBORS, HAVE CONVERSATIONS WITH THEM, GET THEIR FEEDBACK, UM, WOULD MAKE A MORE COMPELLING CASE, UM, EITHER WAY.
SO, UM, THAT'S, THAT'S ALL I HAVE TO SAY.
I WOULD AGREE WITH ALL THREE MEMBERS THAT HAVE SPOKEN.
I'M GONNA SUPPORT THE MOTION TO DENY WITHOUT PREJUDICE OUR CRITERIA CLEARLY IS THAT WHAT, WHAT WILL THE SPECIAL EXCEPTION DO AS IT RELATES TO ADVERSELY OR NOT ADVERSELY AFFECTING THE OR NEIGHBORING PROPERTY? I THINK IN OUR BRIEFING AND IN OUR QUESTION ANSWERS, THIS DOES SEEM OUT OF CHARACTER.
AND SO I WILL, I, AND I AGREE WITH MR. FINNA WHOLEHEARTEDLY, UM, FEEDBACK FROM SURROUNDING PROPERTY OWNERS IS NOT CONTROLLING, BUT IT'S, IT GOES TO THE ISSUE OF HOW DOES IT AFFECT NEIGHBORING PROPERTIES.
SO IF EVERY NEIGHBOR WAS IN FAVOR OF SOMETHING, THAT DOESN'T MEAN NECESSARILY THIS ONE MEMBER WOULD BE IN FAVOR, BUT THAT'S, THAT IS COMPELLING.
BUT, UH, SO THE IMPORTANCE OF HAVING FEEDBACK, TANGIBLE AND WRITTEN FEEDBACK IS WHAT PERSUADES ME IN A LOT OF CASES.
SO I'LL BE SUPPORTING MOTION TO DENY WITHOUT PREJUDICE.
UH, ANY OTHER DISCUSSION IN THE MOTION? SEEING NOT THE BOARD SECRETARY WILL CALL THE FOR VOTE.
MOTION PASSES TO DENY WITHOUT PREJUDICE, FIVE TO ZERO IN THE MATTER OF BD 8 2 3 4 0 8 2.
THE BOARD UNANIMOUSLY DENIES THE REQUEST FOR A SPECIAL EXCEPTION WITHOUT PREJUDICE.
YOU'LL BE GETTING A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
THE NEXT ITEM FOR OUR BOARD'S CONSIDERATION IS BDA 2 3 4 DASH 0 8 9 2 3 4 DASH 0 8 9 2 3 4 0 8 9.
THIS IS A REQUEST AT 9 3 8 NORTH CLINTON AVENUE.
IS THE APPLICANT PRESENT? PLEASE COME FORWARD MR. CHRISTOPHER CROWDER.
LET ME MAKE SURE I'VE GOT WHAT I NEED TO LOOK FOR.
BOARD MEMBERS, WHILE THE APPLICANT IS PRESENTING, I'M GONNA SEND BACK TO YOU ANY FEEDBACK WE'VE RECEIVED THE PUBLIC FEEDBACK AS WELL AS THE APPLICANT'S ADDITIONAL DOCUMENTATION, UH, FOR, FOR THIS.
WHAT I'M GIVING THEM IS ALL PUBLIC RECORDS, SIR.
SO, UM, ALRIGHT SIR, OUR BOARD SECRETARY WILL SWEAR YOU IN AND THEN YOU'LL HAVE FIVE MINUTES TO PRESENT TO THE BOARD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO NOT.
PUSH IT ONE TIME AND LEAVE IT PUSHED.
SO IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN YOU HAVE FIVE MINUTES.
MY NAME IS CHRISTOPHER CROWDER.
UM, MY ADDRESS IS 9 3 8 NORTH CLINTON AVENUE.
UH, SO I JUST WANTED TO, UH, ADDRESS THE, UH, THE BOARD.
UH, THANK YOU FOR HAVING ME TODAY.
MY, UH, APPEAL IS BEING MADE BECAUSE I ERECTED FENCE OF MY PROPERTY, UM, JUST TO REPLACE THE ORIGINAL FENCE.
AND FOR PRIVACY AND SECURITY SAKE, I HAD A FEW THINGS, UH, DISAPPEAR, UH, FROM MY
[00:35:01]
PROPERTY, UM, THEFT OVER TIME, AND THIS WAS MY SOLUTION, UH, FOR THAT I ERECTED THE BRAND NEW FENCE IN PLACE OF THE ORIGINAL FENCE.UM, AND I WAS, IT WAS DEEMED THAT A PERMIT WAS NOT REQUIRED BECAUSE I WAS SIMPLY REPLACING THE ORIGINAL FENCE, EXCUSE ME.
UM, IN ITS, UH, SAME POSITION.
UH, SHORTLY THEREAFTER, UH, I WAS CITED FOR NOT HAVING, NOT INCLUDING THE TRIANGLE OF VISIBILITY, UM, THAT WAS CORRECTED.
UM, AND FROM THE BOARD'S QUESTIONS THIS MORNING, UH, REGARDING WHY I HAD NO, UH, WHY I DID THE VISIBILITY TRIANGLE AND NOT THE, UH, TRIANGLE AT THE GATE, THAT IS THE REASON.
UM, THE, UH, ORIGINAL FENCE DID NOT INCLUDE A TRIANGLE VISIBILITY THAT WAS BROUGHT TO MY ATTENTION, A AFTER THE CITATION.
UM, IT, THE CORRECTION WAS MADE, BUT THE DETERMINATION AT THE TIME WAS ALSO MADE THAT THE, UM, BOTH TRIANGLE TRIANGLES OF VISIBILITY COULD NOT BE POSSIBLE BECAUSE OF THE LOCATION OF THE GATE.
AND, UM, THE CURBING, UH, ON THE, UH, DRIVEWAY, IT'S YOUR FIVE MINUTES WHEN YOU'RE, IF YOU'RE CONCLUDED, THEN WE'LL ASK OUR QUESTIONS, BUT OH, OKAY.
I'M, I'M GIVING YOU FIVE MINUTES OF RUNWAY.
UM, AND SO, UM, I'VE MADE SOME NOTES, UH, PLEASE, JUST TO ADDRESS, UM, THE QUESTIONS THAT WERE RAISED THIS MORNING.
UM, AS FAR AS WHY, UH, THE ALLEY VERSUS THE, UM, THE UTILITY POLES THAT WERE PREVENTING, UM, THE FENCE FROM BEING ERECTED.
UH, THE, AFTER THE CITATION WAS MADE, IT WAS SUGGESTED THAT I SHOULD MOVE THE DRIVEWAY TO THE ALLEY.
UM, AND SO THAT'S WHY THE UTILITY POLES WERE NOTED, UH, BECAUSE THEY ARE ALONG THE, THE ALLEY, UH, PERIMETER OF THE, OF THE PROPERTY.
AND SO THEY, I WOULD TECHNICALLY RUN INTO THEM IF I MOVED MY DRIVEWAY TO THAT SIDE OF THE, OF THE PROPERTY.
UM, AND LET'S SEE, UH, OH, AND TO ADDRESS THE TRAFFIC ENGINEER SITUATION, UH, I DID REACH OUT.
UH, I TOOK IT UPON MYSELF TO REACH OUT TO THE TRAFFIC ENGINEER BECAUSE I WANTED TO, UH, OBTAIN AND PROVIDE CLARIFICATION, UM, TO MY, UH, APPEAL.
AND AS WE DISCUSSED, UM, IT WAS NOT WHAT I'M, WHAT I'M ASKING FOR IS NOT PRESENTING A TRAFFIC HAZARD, UM, BECAUSE THERE IS AN EXISTING VISIBILITY TRIANGLE.
QUESTIONS FROM THE BOARD TO THE APPLICANT? OH, BACK UP.
MS. WILLIAMS, DO WE HAVE ANY OTHER SPEAKERS FOR OR AGAINST? NO SIR.
ALRIGHT, QUESTIONS FROM THE BOARD FOR THE APPLICANT? MR. FINNEY? UH, YES, MR. CROWDER.
SO ON THAT LAST POINT, YOU, YOU JUST MENTIONED AN EXISTING VISIBILITY TRIANGLE.
UM, I'M SORRY, WHAT, WHAT IS THE EXISTING VISIBLE TRIANGLE AT THE, AT THE ALLEY? UM, AT STEWART DRIVE AND THE ALLEY.
YOU WERE TALKING ABOUT THE ALLEY? YES.
SO I'LL ASK YOU A COUPLE QUESTIONS, SIR.
SIR, THANK YOU FOR BEING HERE.
UM, OUR CRITERIA, SOLE CRITERIA THAT WE LOOK TO ON WHAT YOU PRESENT, WHAT THE STAFF PRESENTS AND HOW WE PROCESS IS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD.
THOSE 1, 2, 3, 4, 5, 6, 7, 8, 9 WORDS.
UM, SO HOW LONG HAVE YOU OWNED THE HOME ON, UH, NORTH CLINTON? UH, THREE, THREE YEARS NOW.
IN THE THREE YEARS YOU'VE BEEN THERE, HAS THERE BEEN ANY TRAFFIC, INCIDENT, ACCIDENT, COLLISION, SIDESWIPING, ANYTHING ON, UH, ADJACENT TO YOUR HOUSE ON STEWART NEAR YOUR DRIVEWAY? NOT THAT I'M AWARE OF.
AND, AND YOU'RE UNDER OATH IN ALL THAT, RIGHT? MM-HMM,
SO THERE'S NO, THERE'S NOT BEEN ANY TRAFFIC HAZARD OR INCIDENT IN THE, IN THE SENSE THAT YOU'VE OWNED THE HOME? NOT TO MY KNOWLEDGE.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR. FINNEY? UH, MR. CROWDER.
UM, SO YOU MENTIONED THAT YOU WERE HAVING PROBLEMS WITH THEFT, UM, AND THAT'S WHY YOU DECIDED TO, TO BUILD THIS FENCE.
SO, BUT YOU ALSO MENTIONED THAT THERE WAS AN EXISTING FENCE.
SO WAS THE, THE EXISTING FENCE, UM,
[00:40:01]
WHAT, WHAT WAS IT COMPROMISED IN SOME MANNER THAT WAS ALLOWING PEOPLE TO GET IN? UH, COULD YOU ELABORATE ON THAT? IT WAS BROAD IRON, UM, SO YOU COULD SEE THROUGH IT, SO YOU COULD SEE EVERYTHING THAT WAS IN MY BACKYARD.QUESTIONS, KEEP GOING MR. FINNEY? UH, YEAH.
SO I HAVE YET TO SEE A CLEAR PICTURE OF WHAT HAS BEEN BUILT.
UM, IS THAT IN THESE PHOTOS? LIKE DO YOU HAVE A PICTURE OF YOUR NEW FENCE? UM, WELL, IT ACTUALLY, I PROVIDED THOSE BECAUSE IT LOOKS JUST LIKE THOSE, UM, I, THE ONE THERE THAT IS AT THAT FENCE IS AT THE END OF STEWART DRIVE, AND, UH, IT'S AT THE INTERSECTION OF STEWART AND TURNER.
UM, THAT FENCE IS ACTUALLY WHAT I DREW INSPIRATION FROM.
OH, THE, WHAT YOU HAVE HERE OR WHAT WE GOT SUBMITTED? UM, WAS I OTHER FENCES IN THE NEIGHBORHOOD? YES.
MR. FINNEY'S QUESTION WAS YOUR FENCE SPECIFICALLY, RIGHT? YEAH.
SO THE ONE THERE, SO SHE'S, WE'RE, WE'RE, WE'RE CLICKING TO IT.
YEAH, I HAVE, UH, THERE THAT RIGHT, THAT'S THE ANGLE, THAT'S TO THE ALLEY, CORRECT? YES.
SO MINE IS HORIZONTAL, BUT WE CAN'T SEE THE ENTRYWAY IN AND OUT YET OF THE YEAH, WE STILL CANNOT, RIGHT? NO, RIGHT, RIGHT THERE.
IS THERE A, THERE'S A CURB CUT.
IS THERE A CURB CUT THERE? YES.
AND SO TO THE LEFT WHERE THE, THE BOARD OF ADJUSTMENT SIGN IS, IS THE ANGLE THAT THE OWL, THAT'S WHERE THE, UH, VISIBILITY TRIANGLE WAS.
I NEED, THIS MAY BE REPEATING WHAT WAS SAID BEFORE, BUT I'M PROCESSING, WE ALL PROCESS DIFFERENTLY.
SO WHEN YOU BUILT THIS BACK, YOU INTENTIONALLY ANGLED THAT AT THE ALLEY BECAUSE THE CITY TOLD YOU YOU NEEDED THAT VISIBILITY TRIANGLE? YES, BUT THEY DIDN'T TELL.
BUT NO ONE TOLD YOU IF SO YOU'RE AWARE OF THE CONCEPT OF VISIBILITY TRIANGLES? I AM NOW.
WELL YOU WERE WHEN YOU BUILT THAT BECAUSE THEY NO, I WAS NOT.
WELL, SO THE ORIGINAL FENCE WENT AROUND THE TREE.
IT WENT PARALLEL TO THE PROPERTY LINE.
UM, THE SITE, AFTER I RECEIVED THE CITATION, THAT'S WHEN YOU CORRECTED THAT, THAT'S WHEN I CORRECTED AND ADDED THIS.
SO IT WAS BUILT, UH, SQUARED CORNER.
AND THEN YOU GOT CITED BY SOMEONE BY THE CITY.
THAT SAYS YOU NEED TO MAKE SURE THERE'S A VISIBILITY TRIANGLE RIGHT THERE.
AND AT THE TIME YOU WERE SITTED FOR THE ALLEY WHERE YOU CITED FOR THE DRIVEWAY.
IT WAS, YES, BUT I, UM, I HAD THE INSPECTOR WHO CITED ME COME OUT AND WALK THE PROPERTY WITH ME AND SHOW ME EXACTLY WHAT NEEDED TO BE DONE FOR THE ALLEY ONE AND THE DRIVEWAY OR FOR JUST THE ALLEY.
AND SO THAT'S WHEN WE DETERMINED THAT THE UTILITY POLES WOULD PREVENT BECAUSE SHE WAS GIVING ME SUGGESTIONS AS TO WHAT MY ALTERNATIVES WERE.
AND THAT'S WHEN WE DETERMINED THAT THE UTILITY POLES WOULD PREVENT THE DRIVEWAY FROM BEING MOVED.
WHAT UTILITY POLE? I DON'T SEE THAT.
UH, THERE'S ONE THERE AT THE CORNER AND THEN FURTHER BACK AT THE CORNERS.
THAT'S FOR THE ALLEY, RIGHT? YES.
AND THEN THERE'S ONE FURTHER BACK DOWN THE ALLEY.
JUST BEFORE THE TRASH CAN I, YES.
SO THAT WOULD PREVENT THE GATE BEING RELOCATED TO THAT AREA.
GO BACK A CLICK RUNNING THE COMPUTER RIGHT NOW.
SO WHAT'S IN FRONT OF US IS A VISIBLY TRIANGLE OBSTRUCTION OFF OF STEWART TO THAT DRIVEWAY.
SO THE QUESTION IS WHETHER, AND I'M TRYING TO THINK BACK TO THE STAFF PRESENTATION THIS MORNING.
THE QUESTION IS WHETHER THE APPLICANT WOULD HAVE TO PUSH HIS GATE BACK INTO HIS BACKYARD, RIGHT.
IS THAT HOW UH, ANOTHER SOLUTION WOULD'VE BEEN MS. JORDAN? I ON THE MICROPHONE, PLEASE.
IS THAT NOW DID YOU HEAR THAT? SO, AND I'M NOT AN ENGINEER AT THIS, SO I'M, I'M KIND OF WINGING IN THIS SAYING, IN ORDER TO CORRECT WHAT'S BUILT, YOU'D HAVE TO BASICALLY HAVE THE GATE MORE INSIDE THE PROPERTY TO GET OUT OF THE TRIANGLE.
DID THE INSPECTOR NOT TELL YOU THAT? WELL, YES.
THAT, AND THAT'S ACTUALLY NOTED IN MY APPLICATION AS THE, ON THE INSIDE OF THE FENCE, THE PROPERTY BEGINS TO ELEVATE AND SO THERE'S CURBING.
UM, AND SO ALL OF THAT PROPERTY WOULD HAVE TO BE MOVED IN ORDER TO, UH, MOVE THE FENCE, MOVE THE GATE BACK, AND ALLOW THE, THE, UM, FENCE TO BE CONNECTED.
YEAH, I SEE ON, I SEE ON YOUR DEAL IT TALKS ABOUT CURBING.
I DIDN'T UNDERSTAND WHAT YOU MEANT BY CONCRETE CURBING.
[00:45:01]
SO THE, ONCE YOU OPEN THE GATE, THE DRIVEWAY SLOPES UP A BIT.AND SO IT IS NOT LEVELED WITH THE, THE, UH, PROPERTY ON THE OUTSIDE OF THE FENCE.
ALRIGHT, SO I'LL TELL YOU HOW MY, THIS ONE MEMBER'S MIND IS THINKING, WELL, HE BUILT THE GATE, BUILT THE FENCE, HE KNOWS THERE'S A VISIBILITY TRIANGLE AT THE ALLEY.
HE CORRECTED IT AND HE KNOWS THERE'S A VISIBLY TRIANGLE AT HIS DRIVEWAY.
SO WHY ISN'T HE CORRECTING IT? WELL, AS, AS I STATED, THAT WAS THE COMPROMISE WHEN THE INSPECTOR CAME OUT BECAUSE WE DETERMINED THAT IT COULDN'T BE, UM, IT COULDN'T BE THE DRIVEWAY COULDN'T BE RELOCATED.
WITH ADDING THE VISIBILITY TRIANGLE AT THE CORNER.
UM, IT DOESN'T LEAVE A 20 FOOT, UH, SPACE TO ADJUST THE, UH, IF YOU CAN, IF YOU LOOK ON THE SURVEY, UM, YOU CAN SEE THAT IT WOULD BE, UH, VISIBILITY TRIANGLE FOR THE DRIVEWAY WOULD BEGIN WHERE THE VISIBILITY TRIANGLE FOR THE ALLEY.
MS. JORDAN, WOULD YOU TAKE US TO THE SLIDE THAT YOU SHOWED US THIS MORNING THAT HAD THE TRIANGLES? I'M GOING TO EXACTLY WHAT YOUR POINT IS.
YEAH, SO YOU WOULD SEE, SO NOW, SO EDUCATE US AS TO WHY YOU COULDN'T HONOR THIS BY MOVING THE FENCE ENTRANCE BACK.
BECAUSE THE, THE, THE VISIBILITY TRIANGLE THAT I ADDED WHERE THE RED LINE IS THAT AT THE, AT THE ALLEY.
RIGHT? AND THE PROPOSED VISIBILITY TRIANGLE FOR THE DRIVEWAY IS THE BLUE LINE.
SO THEY WOULD INTERSECT THERE? NO, YOU JUST RUN THE FENCE ENTRANCE WOULD'VE TO BE RIGHT THERE.
THAT'S WHERE THE FENCE ENTRANCE WOULD BE.
I, I'M NOT AN ENGINEER, I'M JUST LOOKING AT WHAT THE CODE SAYS.
BUT THAT WOULD, THE WAY TO CORRECT, THE WAY TO CORRECT SOMETHING THAT WAS BUILT INCORRECTLY.
'CAUSE THAT'S THE WAY THIS IS, THIS WAS BUILT INCORRECTLY, WOULD BE TO MOVE THE ENTRANCE TO THE FENCE TO THE TOP OF THAT TRIANGLE.
BUT THERE'S A, UM, A FIXED STRUCTURE THERE WHERE I DON'T SEE IT ON THERE.
I DON'T SEE A FIXED STRUCTURE ON THIS, THIS DOCUMENT.
UM,
IT'S AT THE, AT THE END OF THE DRIVEWAY.
AND SO YOU DON'T HAVE A GARAGE IN THE BACK? NO.
SO YOU JUST PULL THE CAR IN? RIGHT.
WELL, WHAT I'M TRYING TO WALK THROUGH WITH YOU IS WAYS TO CORRECT IT OR NOT AND WHAT'S, WHAT'S IMPEDING OR NOT CORRECTING THAT? UH, UNFORTUNATELY THIS IS ALMOST A SELF-IMPOSED HARDSHIP BECAUSE YOU BUILT IT WITH A, A VISIBILITY TRIANGLE AND YOU KNEW OF THE VISIBILITY TRIANGLE ON THE CORNER.
I, I LEARNED OF THE VISIBILITY TRIANGLE AFTER BUILDING MOVEMENT.
MR. 'CAUSE I, I REPLACED THE DEFENSE THAT WAS THERE.
SO SINCE, UM, ADDRESSING THE ALLEY VISIBILITY TRIANGLE MM-HMM.
SO YOU WOULDN'T HAVE, YOU WOULDN'T CONSIDER THAT A SHRINKING OF YOUR USABLE YARD SPACE AT ALL? IF I DID THE, UH, I MEAN, IT WAS BECAUSE I HAD TO PUT THE TREE AND THAT LANDSCAPE OUTSIDE OF THE, OF THE FENCE.
AND SO IF I DID THE OTHER ONE, THE PROPERTY WOULD BE REDUCED
SO HOW MUCH, HOW MUCH USABLE SQUARE FOOTAGE CAN YOU ESTIMATE THAT YOU, YOU WOULD'VE LOST HAD YOU, UH, ADDRESSED THIS 20 FOOT VISIBILITY TRIANGLE AT THE DRIVE? AT THE DRIVE APPROACH? I, UM, I'M NOT SURE.
I DIDN'T, I HAVEN'T MEASURED THAT.
BUT WOULD YOU SAY IT'S IT WOULD BE SUBSTANTIAL? YES.
IT WOULD PREVENT ME FROM PARKING OR PROTECTING, PROVIDING SECURITY FOR MY CAR BECAUSE MY, MY DRIVEWAY WOULD BE ON THE OUTSIDE OF.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT, MR. KOVIC? WELL, I'M NOT SURE IF THIS IS FOR GENTLEMEN OR FOR SOMEONE ELSE.
PROCEED THE, THE AREA OF THE FENCE THAT'S WITHIN THE, THE BLUE
[00:50:01]
TRIANGLES.IF THOSE, IF THOSE SECTIONS OF THE FENCE WERE NOT OPAQUE, IF THEY WERE I GUESS 50% OR LESS, SEE-THROUGH, WOULD THAT OBVIATE THE VISIBILITY TRIANGLE? THAT'S A GOOD QUESTION FOR STAFF.
SO, UH, MS. BOARD ADMINISTRATOR, HE'S TRYING TO, TRYING TO DEFINE WHAT TYPE OF THING CAN BE WITHIN THE TRIANGLE, WHAT TYPE OF FENCE OR NOT, RIGHT.
SO AS STATED ON THE BRIEFING, REGARDLESS OF WHETHER IT'S BOARD ON BOARD OR RAW IRON, IT CANNOT ENCROACH YOU TO THE VISIBILITY TRIANGLE AT ALL.
SO YOU'RE SAYING IT CAN'T BE ANY TYPE OF FENCE, CORRECT? NO, NOTHING CAN OBSTRUCT THE VISIBLE, THE VISUAL OBSTRUCTION TRIANGLE.
NOTHING CAN BE INSIDE THAT TRIANGLE.
WE CAN HAVE, UM, THINGS, I THINK IT'S A CERTAIN HEIGHT UP TO TWO AND A HALF FEET.
TELL US DIANA, WHAT, WHAT ON THE MIC PLEASE.
SO FROM TWO AND A HALF, TWO AND A HALF FEET TO EIGHT FEET, NOTHING CAN BE IN BETWEEN THERE.
SO THE FIRST AND A HALF YOU CAN TO FIRST TWO AND A HALF? YES.
AND THEN, BECAUSE STILL THE OBJECT IS TO, OR THE, THE, THE REASONING BEHIND IT IS IF YOU'RE IN A CAR, YOU'RE ABLE TO SEE, SO TWO AND A HALF FEET WOULD BE THE MAXIMUM AND THEN NOTHING.
EIGHT, BETWEEN TWO AND A HALF AND EIGHT FEET.
SO THE ANSWER TO YOUR QUESTION IS ANYTHING IN THAT AREA ABOVE TWO AND A HALF FEET? CORRECT.
SO I HAVE AN ADDITIONAL QUESTION, PLEASE.
UM, MR. CROWDER, YOU SPOKE TO THE TRAFFIC TRANSPORTATION ENGINEERING PEOPLE? YES.
UM, DO WE KNOW WHEN THAT WAS IN RELATION TO THE STATEMENT IN OUR INFORMATION PACKET FROM THEM? THE DATE THAT I SPOKE TO THEM, UH, SO STAFF, MS. BOARD ADMINISTRATOR, THE QUESTION MR. H HAS IS WHEN THE, UH, PACKET WAS PUBLISHED SEVEN DAYS AGO, IT INCLUDED A STATEMENT ON PAGE 60 THAT SAYS, BASED ON THE REVIEW COMMENTS OF TRANSFER TRANSPORTATION ENGINEER, THE TRANSPORTATION DEPARTMENT IS NOT IN FAVOR OF THE PROPOSED ENCROACHMENT.
SUBSEQUENT TO THAT, THEY ALL REVIEWED THAT AND CHANGED THAT.
MR. HOP'S QUESTION IS, WAS THAT A FUNCTION OF TALKING TO THE APPLICANT OR IS THAT FUNCTION OF STAFF TO STAFF? SO I'M NOT SURE IF THAT, IF A CONVERSATION WITH THE APPLICANT PROMPTED A, UM, PROMPTED FURTHER ACTION FROM MR. NAVARRE.
WHEN I LEARNED OF HIS, UM, COMMENT CHANGE, I REACHED OUT TO HIM TO GET ADDITIONAL CLARIFICATION.
BUT HE DID MENTION THAT HE, HE DID NOT MENTION TO ME THAT HE SPOKE WITH HIM, BUT THAT DOESN'T MEAN THAT THEY DIDN'T SPEAK, IT JUST WASN'T A PART OF OUR CONVERSATION.
WELL, UM, I JUST WONDER THAT HE DID CONFIRM WITH MS. JORDAN THAT HE HAD SPOKE WITH THE APPLICANT.
SO I'LL, I'LL ASK AGAIN 'CAUSE I'M, I'M UNCLEAR.
WHEN DID YOU SPEAK TO THE TRAFFIC DEPARTMENT? UH, AFTER I RECEIVED THE, UH, INFORMATION, UH, THAT HAD BEEN PROVIDED, UH, TO THE BOARD, UM, AFTER I RECEIVED, UM, ALL OF THE INFORMATION THAT WAS GOING TO BE PROVIDED, UM, THE INFORMATION THAT CAME FROM THIS BOARD.
AFTER YOU RECEIVED THAT, THAT'S WHEN YOU SPOKE TO THE I WANTED TO UNDERSTAND IT.
DID THAT ANSWER YOUR QUESTION OR NOT? OKAY.
MR. BROOKS, MR. CROWDER, CAN YOU, CAN YOU DESCRIBE WHAT THE TRAFFIC IS LIKE ON, ON STEWART? IS THIS, IS THIS A TWO-WAY STREET? IS THIS A ONE-WAY STREET? UH, YOU KNOW, DO PEOPLE RIDE THEIR BIKES ON IT? ARE THERE KIDS WALKING? LIKE, DESCRIBE TO US THE NATURE OF THIS STREET FOR, FOR, FOR THE RECORD.
IT'S A, IT'S A TWO-WAY STREET.
UM, IT IS, I MEAN, YEAH, I MEAN IT'S, UH, IT'S SEMI, UH, NORMAL FOR, FOR TRAFFIC.
IT'S NOT HEAVILY TRAFFIC, BUT IT'S NORMAL.
I, I'D SAY FOR A NEIGHBORHOOD, UM, YEAH, I MEAN I, I CAN'T SAY THAT I'VE HAD ANY ISSUES WITH, UM, YOU KNOW, ALMOST RUNNING INTO SOMEONE OR, UM, IT'S BEEN PRETTY STANDARD I BACK INTO MY PROPERTY.
UM, SO WHAT I CAN CLEARLY SEE AND THEN, AND THEN EXITING.
[00:55:01]
THE STANDARD HERE THAT WE'RE, WE'RE JUDGING YOU BY, AND THE ONLY STANDARD HERE THAT YOU'RE JUDGING ME BY IS WHETHER THIS, IF THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, RIGHT.UM, BASED ON WHAT I'M HEARING ABOUT SORT OF THE NATURE OF THE STREET AND THE OPINION OF, UH, OF STAFF THAT'S LOOKED AT THIS TWICE.
SO I THINK THEY'VE GIVEN A GOOD LOOK.
UM, I, I, I GUESS WHAT I'M SAYING IS I'M, I'M INCLINED TO SUPPORT THIS.
I DON'T THINK THIS IS GONNA CONSTITUTE TRAFFIC HAZARD.
I DON'T THINK THERE'S ANY EVIDENCE IN THE RECORD THAT IT WOULD.
UM, I THINK THERE ARE WAYS THAT YOU COULD ALTER THE FENCE AND HAVE A REALLY WEIRD SAWTOOTH LOOKING FENCE AND VERY LITTLE USABLE BACKYARD.
BUT, BUT I DON'T THINK THAT THAT'S THE STANDARD WE HAVE TO JUDGE YOU BY.
UM, MY QUESTION IS, AND I MAY HAVE JUST OVERLOOKED THIS NOT BEING VERY OBSERVANT, I SEE THAT IN THIS PHOTOGRAPH THERE'S A STOP SIGN.
ARE, IS THIS A FOUR-WAY STOP? ARE THERE STOP SIGNS ON EACH CORNER ON LIKE, ON, ON CLINTON AND ON STEWART? YES, THERE ARE.
THAT OSCILLATION IS MY CONCERNS.
LET'S, LET'S, I'M FOLLOWING UP ON THAT.
SO, UM, THIS PICTURE STAFF, I MEAN THE, THE STOP SIGNS WE SEE THERE ARE AT THE CORNER OF STEWART IN CLINTON.
I'M ASSUMING THERE'S NO STOP SIGN IN THE ALLEY.
SO THE NEXT STOP SIGN WOULD BE THE NEXT STREET OVER WINNETKA AND WINNETKA.
SO, AND THERE'S THERE A STOP SIGN AT WINNETKA? YES.
THAT, THAT CREATES LESS POSSIBILITY FOR UNIMPEDED BICYCLES OR, WELL, NOT BICYCLES, BUT CARS MAINLY IS WHAT WE'RE CONCERNED ABOUT.
WITH THAT, THAT KIND OF MODIFIES MY CONCERN.
GOOD CATCH MR. NRI THAT HE JUST SAVED YOUR BACON.
HE JUST, HE JUST SAVED YOUR BACON.
UM, THIS QUESTION'S FOR THE APPLICANT, MR. FINNEY? NO, I, I JUST WANTED TO COMMENT THAT I'M READY TO MAKE A MOTION.
ANY OTHER QUESTIONS FOR THE STAFF OR EXCUSE ME FOR THE APPLICANT? ALRIGHT, HEARING NONE, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. FINNEY, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 8 9 ON THE APPLICATION OF CHRISTOPHER CROWDER GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE DRIVEWAY ON STEWART DRIVE AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BDA 2 3 4 0 8 9.
MR. FINNEY MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION WITHIN THE 20 FOOT VISIBILITY TRIANGLE.
IS THERE A SECOND TO THE MOTION? SECOND.
SECONDED BY MR. NRI DISCUSSION ON THE MOTION BY MR. FINNEY.
UM, WELL I THINK IT'S CLEAR THE, THE, THE CASE HAS BEEN THOROUGHLY REVIEWED, UM, BY OUR TRAFFIC ENGINEERS.
UM, THE STOP THE INTERSECTION IS A FOUR-WAY STOP.
AND THERE IS, UM, UH, NOT TO OUR KNOWLEDGE ANY INDICATION THAT, THAT THERE HAVE BEEN, UM, TRAFFIC ISSUES ON THE NEARBY BLOCKS WHERE THE SAME CONDITION EXISTS.
SO, UM, I THINK IT'S VERY CLEAR MR. NER, UM, I CONCUR.
UM, WHILE I YOU ARE STILL IN VIOLATION, I'M IN FAVOR OF GRANTING THIS SPECIAL EXCEPTION, UH, BECAUSE OUR STANDARD IS IT WILL NOT CONSTITUTE A TRAFFIC HAZARD.
THE FACT THAT THE, THAT THESE, THAT THIS IS A FOUR-WAY STOP INTERSECTION, UH, OAGE IS MY CONCERNS WITH REGARD TO SAFETY AND THE SPEED OF TRAFFIC IN THE AREA.
SO THAT'S WHY I'M SUPPORTING MY COMMENT IS SIMPLY HE SAVED YOUR BACON AND I'LL SUPPORT THE MOTION NOW THAT I SEE THE STOP SIGNS THAT TELLS ME THERE'S, UM, UH, REDUCED PROBABILITY OF A TRAFFIC HAZARD.
HEARING NONE, THE BOARD SECRETARY WILL CALL FOR A VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 0 8 9.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO.
GRANT YOUR REQUEST FOR A SPECIAL EXCEPTION FOR THE 20 FOOT VISIBLY TRIANGLE.
YOU'LL BE A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
[01:00:08]
THE NEXT ITEM FOR OUR AGENDA TODAY IS BDA 2 3 4 0 9 0 BDA 2 3 4 0 9 0.THIS IS AT 1 0 6 6 0 STRAIGHT LANE.
IS THE APPLICANT HERE, HOLD ON ONE SECOND.
I'M GONNA GET ORGANIZED AS WELL.
UH, BDA 2 3 4 0 9 0 1 0 6 6 0 STRAIGHT LANE.
UM, IF YOU WOULD GO AHEAD AND SWEAR AND, UH, YOU CAN GO AHEAD AND WELL AFTER YOU SWEAR HIM IN, LET'S DO THAT FIRST SO THAT WAY HE CAN SPEAK TO WHAT YOU'RE GONNA GIVE US.
YOU GO AHEAD AND SWEAR IN THE APPLICANT.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
TOMMY MANN 500 WINSTEAD BUILDING, UM, REPRESENTING THE PROPERTY OWNER HERE.
SHE'S GONNA HAND OUT ONE PAGE TO YOU, WHICH IS, AND I'LL EXPLAIN WHAT IT IS, HOW I'VE MARKED IT UP, AND THEN I'LL TIE THAT UNDER THE UMBRELLA OF THE STANDARD OF REVIEW FOR YOU.
AND, AND I WILL GRANT YOU FIVE MINUTES PLUS, UH, MS. BOARD.
DO WE HAVE ANY OTHER SPEAKERS? THEY'RE HERE FOR QUESTIONS.
I BUT ANYONE IN OPPOSITION? NO, JUST THE PROPERTY OWNER.
ALRIGHT, WELL I WILL GIVE YOU REASONABLE TIME TO MAKE YOUR PRESENTATION GREAT.
UH, THIS IS A REASONABLY INVOLVED PLAN.
UM, AND WHEN I RUN OUT OF TIME, I'LL LET YOU KNOW.
SO BE BE SUCCINCT BUT THOROUGH.
SO WE ALL HAVE SOMETHING YOU JUST GAVE US THAT YOU MAY PROCEED.
SO WHAT YOU HAVE BEFORE YOU IS IN THE SURVEY AND CLOSE TO THE MICROPHONE, MR. VAN, WHAT YOU HAVE BEFORE YOU IS A SURVEY FROM 2017, JUST BECAUSE THAT HAPPENS TO BE THE YEAR THAT I HAVE, BUT IT'LL HELP ME EXPLAIN THE HISTORY FOR YOU.
AND I'VE HIGHLIGHTED A FEW THINGS.
THE HOME THAT YOU SEE ON THIS SURVEY WAS BUILT IN THE EARLY TWO THOUSANDS.
IT'S BEEN DEMOLISHED PRIOR TO IT BEING CONSTRUCTED, THERE WAS A BOARD OF ADJUSTMENT CASE TO ALLOW THE CONSTRUCTION OF AN EIGHT FOOT MASONRY FENCE AND GATE IN THE FRONT YARD.
I HAVE HIGHLIGHTED THAT IN GREEN ON THIS PLAN.
I ASSUME THAT'S PRIOR TO FIVE YEARS FROM NOW.
THAT WAS BACK IN 2001 IS WHAT WE HAD.
SO THAT'S WHY WE DON'T, WE WOULDN'T VIEW IT.
AND THAT PRECEDES HOW LONG THE CITY HANGS ONTO PERMITS FOR SINGLE FAMILY.
I THINK IT ALSO PRECEDES THE OPACITY REGULATIONS SO THAT VINCE WAS CONSTRUCTED PURSUANT TO THAT APPROVAL AT THAT TIME.
IN ADDITION TO THE FENCE BEING APPROVED, YOU CAN SEE A TENNIS COURT ON THERE, A 10 FOOT FENCE AROUND THAT TENNIS COURT WAS ALSO APPROVED BACK THEN.
THEN THE HOME WAS CONSTRUCTED.
I'VE MARKED ON HERE WHERE THE GATE WAS ORIGINALLY CONSTRUCTED IN GREEN AS OLD GATE.
SO NOW FAST FORWARD TO TODAY AND MY CLIENT HAS DEMOLISHED THE TENNIS COURT.
THEY'VE DEMOLISHED THIS HOUSE, THEY'RE CONSTRUCTING A NEW HOUSE.
WHAT THEY ARE PROPOSING TO DO IS KEEP THE EXISTING EIGHT FOOT FENCE THAT IS IN GREEN, WITH THE EXCEPTION OF RELOCATING THE GATE FROM CLOSE TO THE SOUTHERN BOUNDARY TO WHERE I'VE SHOWN IT IN RED.
IN ADDITION TO MOVING IT NORTH, THEY ARE SETTING IT BACK CONSIDERABLY FARTHER FROM STRAIGHT LANE, ABOUT 40 FEET.
IT IS ONLY AT THAT POINT 40 FEET BACK FROM THE PROPERTY LINE WHERE THE HEIGHT OF 13 FEET IS HIT.
EVERYTHING ELSE REMAINS AT EIGHT FEET.
UM, THE THING I OUTLINED IN BLUE IS AN ACTUAL BODY OF WATER AS WELL.
I, I'M, I'M GONNA GIVE YOU AMPLE TIME TO MAKE YOUR CASE.
UH, SO DON'T, UH, DON'T UH, BE OFFENDED BY MY QUESTIONS, BUT I'M TRYING TO FOLLOW WHAT YOU'RE TRYING TO TELL US.
SO WHAT YOU SAID WAS THE GREEN LINE WAS THE OLD FENCE.
RIGHT? THE GATE FROM THE OLD GATE TO THE RED.
THE GATE IS MOVING NORTH FROM GREEN TO RED.
YES, FROM GREEN TO RED, BUT THE REST OF THE GREEN IS STAYING.
SO WE WILL HAVE, YES, WE'LL HAVE END UP DEMOLISHING OR SUBSTANTIALLY DAMAGING THE GREEN SOUTH OF THE RED.
SO I THOUGHT WE, SO WE'LL HAVE TO REPLACE THIS MORNING THAT THE FENCE WAS ON THE PROPERTY LINE.
SO YOU SAID IT WAS 23 FEET BACK? I'M CONFUSED.
THERE WAS A GATE, IF YOU START BY WHAT WAS THERE IN GREEN THAT DID COME BACK FROM THE PROPERTY LINE, THEN THE FENCE RETURNED TO THE PROPERTY LINE.
THIS FENCE ACTUALLY CONNECTS TO THE NEIGHBORS TO THE SOUTH AND THE NEIGHBORS TO THE NORTH ON THE PROPERTY LINE.
SO THAT'S PART OF THE REASON TO KEEP IT AWARE BECAUSE THE OPACITY IS TRIGGERED WITHIN THE FIRST FIVE FEET OF THE PROPERTY LINE.
SO WHAT'S THE 23 FEET YOU'RE SPEAK OF? SO THE, IF I SAID 23 FEET, I DON'T, I 40 FEET BACK TO THE GATE, WHICH IS 13 FEET TALL.
SO YOU'RE SAYING THE, THE NEW GATE IS THE NEW GATE.
THE NEW GATE IS 40 FEET SETBACK.
[01:05:01]
HEIGHT AND YOU CAN SEE IT IN THE RENDERING AT THE VERY TOP OF THE ARCHITECTURAL EMBELLISHMENT OF 13 FEET.SO THAT'S THE ONLY PIECE THAT'S AT THAT HEIGHT.
EVERYTHING ELSE IS REMAINING AT THE HEIGHT AND IN THE LOCATION.
IN ADDITION, THERE WAS THE PREVIOUS SPECIAL EXCEPTION THAT WAS APPROVED 20 PLUS YEARS AGO, ALLOWED THAT TENNIS COURT FENCE AT 10 FEET.
SO YOU'RE SAYING THIS GATE HERE, THAT GATE IS 40 FEET BACK.
AND IT'S SOLID, BUT THE, THE REST OF THE FENCE IS ON THE PROPERTY LINE, WHICH IS TRIGGERING THE OPACITY ISSUE? CORRECT.
AND THE OPACITY WAS NOT A REQUIREMENT WHEN THE FENCE WAS ORIGINALLY BUILT, AND IT'S ACTUALLY STAYING THERE EXCEPT FOR THE PARTS THAT WE HAVE TO REMOVE AND ALTER TO DO THIS.
THIS IS AN ACTUAL BODY OF WATER ON THE PROPERTY TOO.
IT'S, AND IT, YOU CAN SEE THE DATE THAT THAT FLOODWAY EASEMENT WAS DEDICATED, WHICH IS 2001, AROUND THE SAME TIME THAT ALL THE APPROVALS FOR THIS HOUSE WERE GIVEN.
AND OBVIOUSLY GIVEN A LARGE BODY OF WATER, WATER ON THE PROPERTY, IT IS DESIRABLE TO HAVE IT SECURED.
THAT'S WHY THE FENCE CONNECTS TO THE NORTH AND THE SOUTH AND IS SOLVED.
NOW, LOOKING AT THIS THROUGH THE VEIN THAT YOU'RE CHARGED TO LOOK THROUGH IT IS, IS THIS ADVERSELY IMPACTING THE NEIGHBORS? FIRST OF ALL, WE'RE PHYSICALLY CONNECTING THE TWO OF THEM.
SO WE'RE OBVIOUSLY COORDINATING WITH THEM AND THEY'RE AWARE OF IT.
NOW, IF I'M A NEIGHBOR ACROSS THE STREET TO THE SOUTH AND I GET A NOTICE FROM THE CITY AND SAYS 13 FOOT TALL FENCE, I KIND OF GET SOMEBODY GOING, WHOA.
IN REALITY, THE ONE LITTLE RED AREA THAT'S 40 FEET OFF IS THE ONLY AREA THAT IS THAT TALL.
AS A NEIGHBOR WHO'S EXPERIENCING THIS PROPERTY, IT'S VERY MINIMAL CHANGE ALONG THE FENCE LINE.
IT'S BEEN THERE FOR OVER 20 YEARS.
WE'RE RELOCATING THE GATE AND MOVING IT BACK.
THE NEW GATES ACTUALLY MUCH BETTER FOR VEHICULAR CIRCULATION.
THERE ARE ACTUAL VISIBILITY TRIANGLES.
THERE'S A DEEPER THROAT FOR IF THERE'S THROWING A PARTY OR DELIVERIES ARE HAPPENING, THAT SORT OF THING.
I DON'T THINK TENNIS COURT FENCES ARE PRETTY THAT'S GONE.
IF I'M EXPERIENCING THE NEIGHBORHOOD AFTER THIS ALTERATION IS MADE, I WOULD ARGUE THAT IT'S ACTUALLY BETTER THAN WHAT WAS THERE BEFORE FOR THE NEIGHBORHOOD.
BUT AT A MINIMUM IT'S, IT'S VERY MINIMAL WHAT'S ACTUALLY CHANGING.
SO I THINK IT SATISFIES THE STANDARD.
I THINK THAT'S HOW IT ENDED UP ON THE UNCONTESTED DOCKET.
I THINK I UNDERSTAND WHY SOMEONE GETTING A NOTICE IN THE MAIL WOULD BE CONFUSED THAT WE WERE TRYING TO BUILD A CASTLE WALL.
THAT'S, I MEAN, WE'VE GOT 392 FEET OF FRONTAGE, RIGHT? I MEAN, THIS IS A DIFFERENT KIND OF NEIGHBORHOOD.
THE NUMBER OF HOMES THAT DO NOT HAVE GATES AND FENCES OVER FOUR FEET IN THE NEIGHBORHOOD IS FAR LESS THAN THE NUMBER THAT DO IF YOU JUST WALK UP AND DOWN THE STREET.
SO HOPEFULLY THAT HISTORY HELPS YOU UNDERSTAND HOW WE GOT HERE AND FRAME WHAT WE'RE ACTUALLY ASKING FOR, WHICH I THINK IS RELATIVELY MINIMAL AND APPROPRIATE AND WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD.
WE HAVE FOLKS WHO ARE BUILDING IT AND DESIGNING IT HERE AS WELL.
IF YOU HAVE MORE SPECIFIC QUESTIONS.
DO WE HAVE QUESTIONS FOR THE APPLICANT? I'VE GOT MR. NARY THEN MR. HAITZ.
UM, SO LET ME UNDERSTAND, I UNDERSTAND THAT THE 13 FOOT HIGH PORTION, UH, OF THE NEW GATE IS GONNA BE CONSIDERABLY SET BACK, BUT YOU SAID THAT THE EXISTING GREEN LINE FENCE WILL REMAIN IN PLACE.
ARE YOU GONNA BUILD AN ARC OR SOMETHING OR ARE YOU GONNA ACTUALLY MOVE THE EXISTING GREEN LINE FENCE? WE'LL, YEAH, TO THE CONCAVE WITH THE GATE, WE'LL TAKE A SECTION OUT AND CREATE A NEW DRIVEWAY IN WHERE I SEE WHERE I DREW THAT RED RECTANGLE ALONG THE GREEN LINE, UHHUH,
THAT SECTION WILL BE REMOVED AND THEN YOU WILL SEE THE GATE THAT'S IN YOUR RENDERINGS HAPPEN.
AND THEN THE GATE, I, I THINK IT'S, HE'S REFERRING TO I THINK PAGE 90 OF OUR, OF OUR DOCKET.
AND, AND SO AND SO WHERE THE GREEN, THE OLD GATE IS, THAT'S GOING TO BE FILLED IN AND SOLID, IT GOES STRAIGHT, STRAIGHT DOWN, STRAIGHT ACROSS IT? YES, SIR.
OKAY, SO HOLD ON THAT THOUGHT.
YOU GUYS GONNA, ARE YOU GUYS GONNA BRING THAT UP FOR ME? THANK YOU.
SO I THINK IT'S, IT'S ALSO WORTH POINTING OUT, THE ONE NEIGHBOR WHO HAD A QUESTION IS SOUTH.
SO THE HIGHEST PORTION, WHICH IS THE GATE, IS ACTUALLY GETTING FARTHER, CONSIDERABLY FARTHER AWAY FROM THAT PROPERTY, BOTH EAST AND NORTH.
UH, MS. WILLIAMS, DID YOU SAY THERE WERE NO OTHER SPEAKERS TODAY BESIDES THOSE IN FAVOR OR THE APPLICANTS? CORRECT.
SO LET'S BE CAREFUL ABOUT QUALIFYING OTHER PEOPLE'S FAIR OPINION.
YOU'VE SAID THAT TWICE NOW AND I DIDN'T REACT THE FIRST TIME, SO I'M GONNA REACT NOW.
LET'S NOT QUALIFY OTHER PEOPLE'S OPINION.
LET, SO WE'LL LEAVE IT AT THE, EVERYONE HAS A RIGHT TO TO SPEAK AND A NEIGHBOR WITHIN THE, UH, NOTIFICATION AREA SPOKE.
SO THIS GOES TO MR. NE'S QUESTION.
I THINK THE YELLOW ON THIS IS YOUR GREEN.
[01:10:02]
IT IS.THE YELLOW WILL BE THE NEW FENCE ESSENTIALLY, BUT MOST OF IT IS THE GREEN, NORTH AND SOUTH OF YEP.
BASICALLY WHAT I HIGHLIGHTED FOR YOU HERE IS WHERE THE OLD GATE WAS GOT.
THAT'S NOT HIGHLIGHTED ON THERE, BUT OTHERWISE, YES.
'CAUSE WHAT I'M JUST FOLLOWING WITH WHAT I GOT.
DOES THIS ADDRESS IS THE, IT THERE ARE NO VIABILITY, THERE'S NO VISIBILITY TRIANGLE ISSUES.
DOES IT SET BACK FARTHER? OKAY.
AND, AND THE ONLY, THE ONLY PORTION OF THE ENTIRE FENCE THAT WILL BE ABOVE EIGHT FEET IS THE, THE GATE GATING AREA.
IS THAT RIGHT? YEAH, THE GATE, THE COLUMNS AROUND IT AND THE GATE THAT YOU SEE IN THE RENDERING.
EVERYTHING ELSE, WE'RE PUTTING A NEW CAP ON THE FENCE, WE'RE KEEPING THE STRUCTURE AND THEN WE'LL KEEP AS MUCH OF THE LIMESTONE AS WE CAN AND WE WILL JUST KIND OF SPOT REPLACE AND REPAIR ONCE THE ENTIRE PROJECT IS DONE.
ANYTHING ELSE, MS. JANNER? MR. HAITZ? SO IN THE INFORMATION THAT WAS JUST UP ON THE SCREEN, WE GO BACK, DID WE GO BACK TO THE PRIOR SLIDE PLEASE? UM, THAT ONE, THAT ONE RIGHT THERE.
SO, UM, YOU, YOU HAD INITIALLY SAID THAT THE ORIGINAL FENCE, OTHER THAN THE MOVING OF THE GATE, WAS GOING TO REMAIN AS IS.
THIS IS SHOWING A ROLLING STEEL GATE BEING INSTALLED AS PART OF THAT AREA SO THAT THAT ACTUALLY EXISTS.
THAT GATE, YOU CAN SEE IT ON THAT SURVEY IF YOU LOOK UP THERE, BUT, UM, THERE'S A LITTLE DRIVEWAY THAT GOES INTO THE NORTH, BUT WE ARE CHANGING OUT, I THINK THE PANEL ON THAT, ON THAT, THE ACTUAL GATE PANEL, BUT IT'S STAYING THE SAME SIZE.
AND IS THE CURRENT GATE THAT'S THERE, STEEL ON THE NORTHERN END IS METAL OF SOME SORT? I DON'T KNOW IF IT'S STEEL.
SO WHERE, IF YOU COULD JUST HELP ME WHERE THE RESTRICTED MATERIALS ARE GOING TO BE USED.
I THINK, AND CORRECT ME IF I'M WRONG, STAFF, THE RESTRICTED MATERIALS NOW ARE THE, IS RELATES TO THE OPACITY.
IT'S, YOU KNOW, AND, AND SO, RIGHT.
THE PROHIBITED MATERIALS IS FOR THE STEEL GATE THAT YOU HAVE THE, THE L THE, I THINK IT'S THE GATE PORTION.
GUYS, THE PANEL, THE PANEL, THAT GATE YOU WANT, THE ACTUAL OPEN PORTION OF THE GATE IS MADE OF STEEL.
THAT'S YOUR BUT IT IS, YES, THAT IS STEEL, YES.
SO THE QUESTION THAT MR. HOPKOS ASKED IS WHERE IS THE LOCATION OF THE PROHIBITED MATERIALS? I HEARD, I'VE HEARD THAT MS. BARUM SAY ONE THING.
I THOUGHT IT WAS AT THE GATE, THE, THE FRONT OF THE GATE.
IS THAT WHAT YOUR INTERPRETATION IS? AND THEN I WANT TO HEAR HIM CONFIRM OR, OR, OR NOT.
WHO'S, WHO'S SPEAKING FOR STAFF HERE, MR. THOMPSON? ALL RIGHT.
SO BASED ON THE PLANS AND THE DRAWINGS, THE NEW GATE THAT'S IDENTIFIED AS IN GREEN, UH, THEY'RE GOING TO REPLACE THAT GATE.
AND THEN THOSE PANELS ARE NEW FIXED STEEL PANELS.
SO BY THEM REMOVING OF THE EXISTING AND REPLACING, THERE IS NOW A NEW MATERIAL THOUGH, THAT IS A PROHIBITED MATERIAL.
IF THEY WAS NOT GOING TO TOUCH ANY OF THAT, THEN WE WOULD NOT HAVE A MATERIAL, UH, REQUEST IN THE AREA.
IN THE BLUE AT THE BOTTOM IS WHAT HE WAS IDENTIFYING AS THE GREEN, WHAT EXISTING GATE WAS.
AND, AND THAT'S WHY IT'S CALLED A NEW FENCE DOWN IN THAT AREA.
SO OUR DRAWINGS ARE VERY SIMILAR AND WE'RE IDENTIFYING THE SAME INFORMATION.
IT JUST MAY BE CAUGHT OUT SLIGHTLY DIFFERENT.
AND THE AREA THAT'S THE, UH, PURPLE ORANGE, THAT AREA IS THE RECESS AREA THAT HE'S REFERRING TO.
AND AS YOU CAN SEE, IT DOES SIT BACK ON THIS DRAWING THAT WAS PRESENTED THIS MORNING.
SO FOR CLARITY, THERE'S TWO ENTRANCES? YES.
WELL, THERE ARE TWO ENTRANCES.
THERE IS AN OLD ONE THAT IS BEING REMOVED AND REPLACED.
THERE'S AN EXISTING ONE ON THE NORTH THAT'S STAYING WHERE IT IS, BUT HAVING A DIFFERENT PANEL PUT ON IT.
MR. BROOKS, WHERE HE'S GOT GREEN THERE, THAT ACTUALLY EXISTS JUST ENTRANCE.
IS THAT AN ENTRANCE? YES, IT'S A SECONDARY ENTRANCE.
THERE'S THREE, WHAT? WE'RE CLOSING THE ONE TO THE SOUTH.
SO THE ONE ON THE BOTTOM ON YOUR, IT SAYS OLD GATE.
ONE IS GONNA BE, YOU'RE GONNA PUT A FENCE THROUGH, I MEAN, OR THE WALL THROUGH, RIGHT? YEP.
I DREW A RED LINE THAT SAYS NEW REPLACEMENT.
SO THAT'S BEING, THAT'S PRESENTED AS THE BLUE UP THERE, SO, OKAY, GOOD.
[01:15:01]
THE RED LINE.AND IS THAT GONNA BE THE SAME TYPE OF FENCE MATERIAL AS WHAT'S UP? OKAY, SO I'M JUST GONNA SAY THAT'S JUST A CONTINUATION OF THE FENCE WALL.
UM, SO THE NEW GATE IS WHERE THE ENTRANCE IS THAT I SEE WAS IN OUR THAT HERE, RIGHT? MM-HMM.
THAT IS HIS YELLOW, OR EXCUSE ME, HIS ORANGE.
NO, YES, YOU CAN EVEN SEE THAT BEHIND THE DRAWING.
IT IS FARTHER NORTH AND THAT'S WHERE THE MATERIAL, THE QUESTIONABLE MATERIALS ARE, I THINK THE QUESTIONABLE MATERIALS IS ACTUALLY JUST A RESULT OF US CHANGING THE PANEL ON THE NORTHERN ONE.
SO IT'S, IT'S KIND OF A GOT YOU.
IS THERE A THIRD ENTRANCE IN THE FAR, FAR? I DON'T KNOW WHICH DIRECTION.
THERE'LL BE TWO TOTAL WHEN WE'RE DONE AND, AND GO UP.
THAT IS THERE, IS THERE ANOTHER ENTRANCE UP THERE? NO, RIGHT THERE.
THAT IS THE PROHIBITED MATERIAL.
WE'RE CHANGING THE PANEL ON IT.
OKAY, SO IT'S TWO ENTRANCES PROHIBITED MATERIALS.
THE, THE ORIGINAL ENTRANCE IS BECOMING CONSISTENT WITH THE FENCE WALL ON THE BOTTOM.
I HAVE MR. BROOKS THEN MR. FINNEY, MR. BROOKS.
THEN MR. BROOKS, THEN MR. FINNEY.
SO, UM, ANOTHER QUESTION FOR STAFF.
IF THEY WERE NOT CHANGING THE PANELS ON THAT SLIDING GATE, WOULD IT STILL BE IN VIOLATION OR WAS IT GRANDFATHERED IN? UH, WE CALL IT NON-CONFORMING, NOT GRANDFATHER NONCONFORMING, BUT YES, IT WOULD BE NON-CONFORMING.
SO THERE, THERE, BY CHANGING THE MATERIALS IS THE ONLY REASON WHY THEY HAD, IT'S THE ONLY REASON WHY.
UM, AND THEN ONE OTHER QUESTION I HAVE FOR YOU ON YOUR, UH, ON OUR SITE PLAN, JUST TRYING TO UNDERSTAND.
SO THE, THE ORANGE, THAT'S GOING TO BE A GATE.
SO YOU'RE GOING TO GO THROUGH A GATE THERE.
THE GATE ITSELF IS 40 FEET BACK FROM THE ORANGE LINE, BUT YES, THAT'LL BE THE DRIVEWAY.
THE ORANGE IS REALLY WHERE THE DRIVE IS.
AND THEN YOU THAT'LL JUST BE A GO THROUGH DRIVE.
OKAY, MR. BROOKS, THE, UH, SOLID STEEL ROLLING GATE PANEL ON THE TOP OF THE MAP, THERE'S A PANEL THAT EXISTS THERE NOW, CORRECT? CORRECT.
AND WHAT IS THAT PANEL MADE OF? IS IT, IS IT, IS IT A SOLID, IT'S IT'S SOLID METAL.
I DON'T KNOW WHAT KIND OF METAL.
SO TO THE UNTRAINED EYE, ASIDE FROM A COLOR, IT PROBABLY WON'T LOOK MUCH DIFFERENT.
AND WAS, YEAH, MR. FINNEY AND THEN BUILDING ON THAT THREAD, UM, ADJACENT RIGHT NEXT TO JUST SOUTH OF THAT NORTHERN GATE ARE FIXED PANELS THAT ARE ALSO GONNA BE SOLID AND ALSO VIOLATING THE OPACITY VARIANT, WHICH REQUIRES THE OPACITY VARIANCE.
WHAT IS, WHAT IS THERE NOW? IS IT ALREADY JUST A SOLID WALL? YEAH, YEAH, IT'S, IT, THE WALL EXISTS.
THE WALL WAS APPROVED BY THE BOARD OF ADJUSTMENT 20 YEARS AGO WHEN IT WAS APPROVED.
THERE WERE NO OPACITY REGULATIONS AND IT WAS BUILT SO IT COULD BE ALL OPAQUE.
AND IT'S GONNA, BASICALLY, IT'S REMAINING AS IT IS.
AND, AND WHY, WHY IS THAT SECTION, THESE METAL PANELS AND NOT JUST THE SAME, UH, MATERIAL? ARE YOU HAVING TO DEMO? WE'VE GOTTA HAVE A SECONDARY ACCESS.
MY GUESS IS THAT IS WITHIN THE FLOODWAY EASEMENT.
THE CITY HAS RIGHTS TO ACCESS A FLOODWAY EASEMENT IF THEY NEED TO PERFORM MAINTENANCE OR WHATEVER, THAT'S ACTUALLY DEDICATED TO THE CITY.
SO THEY PROBABLY REQUIRE THAT SECONDARY, THAT WON'T BE A PLACE WHEN VISITORS COME THAT THEY COME IN, IT'LL BE LOCKED, BUT THE CITY WOULD BE ABLE TO GET IN THERE TO THE POND IF THEY HAD TO EXERCISE THEIR RIGHTS UNDER THE FLOODWAY EASEMENT TO DO ANYTHING.
YOU'RE, YOU'RE TALKING ABOUT THE GATE THOUGH, RIGHT? I'M TALKING ABOUT THE, THE FIXED PANELS.
WHAT IS, WHAT IS THEIR PLAN, THEIR LIMESTONE TODAY, AND WE'RE GONNA USE, WE'RE GONNA KEEP SOME OF THAT LIMESTONE, REPLACE SOME OF IT, BUT IT'S GOING TO CONTINUE TO BE STONE IN EX USING THE EXISTING FENCE STRUCTURE WHERE IT'S OKAY.
SO THE FENCE STRUCTURE WILL REMAIN YES.
EXCEPT FOR THE SECTION 'CAUSE WE'RE MOVING THE GATES.
SO WE'LL, WE'LL HAVE TO CONNECT WHERE WE MOVE THE OLD GATE OUT AND WE'LL HAVE TO TAKE OUT A SECTION WHERE WE PUT THE NEW GATE.
UH, OUR CRITERIA, MR. MANN, IS THE SPECIAL EXCEPTION, WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY AS YOU WERE EXPERIENCED AND, UM, PROFICIENT AT THIS PROCESS.
AND AS YOU PROBABLY HAVE HEARD ON EARLIER CASES IN THE BRIEFING AND OR THE PUBLIC HEARING, PART OF THIS IS
[01:20:01]
REACHING OUT TO YOUR SURROUNDING NEIGHBORS.UM, WE RECEIVED ONE IN OPPOSITION AND, UM, IT WAS THE NEIGHBOR AT 1 0 6 1 1 STRAIGHT LANE.
HAVE YOU APPROACH, HAVE YOU OR YOUR CLIENT APPROACHED THAT ADJACENT PROPERTY OWNER? I SPOKE WITH HIM RIGHT BEFORE I CAME HERE.
HE AND THAT FAMILY HAVE NOT SPOKEN AND HE'S HAPPY TO REACH OUT TO HIM.
HE'S SPOKEN TO THE NEIGHBORS ON THE IMMEDIATE NORTH.
HE MEANING THE PROPERTY OWNER? YES, SIR.
MY CLIENT, THE PROPERTY IMMEDIATELY NORTH, IMMEDIATELY SOUTH, AS WELL AS IMMEDIATELY ACROSS THE STREET, THAT ONE THAT'S JUST BARELY IN THE 200 FEET, HE HAS NOT SPOKEN TO.
I READ THE FACE OF THEIR EMAIL, WHICH EVERYONE CAN READ IT, JUST TWO SENTENCES.
BUT IT SOUNDED LIKE THEY THOUGHT THE WHOLE FENCE WAS GONNA BE 13 FEET TALL.
WELL, AGAIN, LET'S NOT, I AGREE.
YEAH, I AGREE WITH THAT CONCLUSION AND I, BUT I DON'T WANNA INTERPRET THAT WHAT THEY SAID, BUT HE DID.
SO THERE'S THAT IMPRESSION, BUT OKAY.
AS OPPOSED TO THE PEAK OF THE FENCE.
SO YOU SAID THE, THE OWNER, PROPERTY OWNER SPOKE TO PROPERTIES NORTH AND SOUTH AND ACROSS THE STREET.
DID THEY GET ANYTHING IN WRITING THAT THEY'RE IN SUPPORT? THEY DIDN'T.
UH, THEY'RE ACTUALLY GONNA HAVE TO COORDINATE ON THE CONSTRUCTION OF THE FENCE ITSELF.
SO PEOPLE ARE TALKING, I, FROM THEIR PERSPECTIVE, NOT MUCH IS REALLY CHANGING FOR ALL THE REASONS WE'VE DISCUSSED.
SO WE DIDN'T PRESS 'EM TO SEND IN A REPLY.
UM, MR. CHAIR, I HAVE ONE MORE.
AGAIN, OUR CRITERIA IS NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY AREA PROPERTY.
AND WHEN OUR, WE HAD OUR VISUAL TOUR OF THE PROPERTY THIS MORNING VIA THE STAFF, UM, WE'RE, WE'RE TRYING TO LOOK, ALRIGHT, WHAT IS THE SURROUNDING NEIGHBORS, WHAT'S CONSISTENT OR INCONSISTENT AND THAT SORT OF THING.
AND SO, AND YOU ARE CORRECT THAT THERE ARE MORE THAT HAVE FENCES AND HEIGHT AND THE O EVEN OPACITY ISSUES, NOT ISSUES OPACITY.
MR. FINNEY, UH, AND FORGIVE ME IF I'M HAVING YOU REPEAT THIS, BUT, UM, WHAT IS THE, THE, THE SOUTH GATE, UM, WHAT IS THE EXISTING HEIGHT OF THAT, OF THAT GATE? I THINK IT'S AROUND 10 FEET TODAY.
BUT IT'S ABOUT 20 OR 25 FEET CLOSER TO STRAIGHT LANE THAN THE NEW ONE THAT IS 13 FEET WILL BE.
SO IT'S GOING FROM 10 FEET TO 13 FEET, BUT THEN IT'S BEING SET BACK.
AND THAT THE GRADE OF THE PROPERTY IS SUCH AS YOU GO IN TO WHERE THE NEW GATE IS.
IT'S ABOUT THREE FEET LOWER THAN THE PROPERTY LINE.
WAS THERE ANYONE ELSE THAT WANTED TO SPEAK IN FAVOR OR AGAINST THIS REQUEST? THEY'RE JUST HERE FOR QUESTIONS OR TO CORRECT ME IF I'VE GOT SOMETHING WRONG.
MS. BOARD, SECRETARY, MR. BROWN? I MEAN, YEAH, I'M NOT FORCING ANYONE TO SPEAK.
I JUST WANNA GIVE THE OPPORTUNITY TO, IF YOU DON'T WANT TO COME FORWARD, THAT IS PERFECTLY FINE.
UM, QUESTIONS? ANY OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION.
I MS I SEE YOUR FINGER ON THE BUTTON.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 9 0 ON APPLICATION OF ANDY ONAN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT OR MA AND OR MAINTAIN A 13 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 THE 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 HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BDA 2 3 4 0 9 0.
A MOTION BY MR. FINNEY HAS BEEN MADE TO GRANT THE REQUEST FOR A 13 FOOT EYE FENCE SPECIAL EXCEPTION CONSISTENT WITH THE SITE PLANS SUBMITTED.
IS THERE A SECOND TO THE MOTION? SECOND.
DISCUSSION ON THE MOTION BY MR. FINNEY.
UH, I THINK IT'S JUST PRETTY CLEAR THAT THE, UM, THERE ARE NO ADVERSE EFFECTS ON THE NEIGHBORING PROPERTIES BECAUSE THERE IS REALLY NO CHANGE IN THE EXISTING CONDITIONS OF THE PROPERTY.
SO, DISCUSSION ON THE MOTION MR. BROOKS? NOTHING FURTHER.
NEWMAN? UH, YOU KNOW, MY COMMENT WOULD BE TO THE APPLICANT AND TO ANYONE ELSE LISTENING, THIS IS THE WAY YOU PRESENT A CASE.
THIS IS THE WAY YOU FURTHER SUPPORT THE CASE, UH, RIGHT,
[01:25:01]
WRONG OR OTHERWISE.WHEN THINGS ARE SUBMITTED TO THE BOARD OF ADJUSTMENT THROUGH OUR PROFESSIONAL STAFF, THEY UNFORTUNATELY HAVE TO BE DIGITIZED AND THEN POSTED IN EIGHT AND A HALF BY 11 FORMAT AND THEN PRINTED BACK OUT THIS WAY.
WHEN BOARD MEMBERS ARE GIVEN SOMETHING WITH COLOR CODING AND MORE DESCRIPTIVE, IT HELPS US SEE THE PICTURE BROADER AND DEEPER AND WIDER.
AND THAT, THAT HELPED IMMENSELY.
UM, AND OBVIOUSLY WE'RE COMPARING WHAT WE'RE BEING GIVEN HERE WITH THE, WITH WHAT'S IN THE, IN THE PA, IN THE, IN THE DOCKET AND THAT SORT OF THING TO MAKE SURE THERE'S CONSISTENCY IN THAT SORT OF THING.
SO, UH, I'M GONNA SUPPORT THE MOTION BECAUSE I THINK IT'S REASONABLE.
UM, I, I DON'T, HOW DO I PUT THIS IN THE DEVIL NEGATIVE.
I DON'T VIEW IT AS ADVERSELY AFFECTING NEIGHBORING PROPERTIES 'CAUSE I SENSE THE CHARACTER AND THE NATURE OF STRAIGHT LANE.
I VERY MUCH RESPECT THE ONE PROPERTY OWNER, UH, TO THE SOUTHWEST.
I THINK IT IS ON STRAIGHT LANE BEING CONCERNED BY IT.
I WISH THEY WERE HERE, ONLINE OR IN PERSON TO FURTHER EXPLAIN THEIR CONCERN.
BUT, UM, I'M PERSUADED BY THE INFORMATION PRESENTED.
I ALSO WILL BE VOTING IN SUPPORT OF THE MOTION, UM, PRIMARILY BECAUSE ASSURANCES HAVE BEEN GIVEN THAT THE VAST MAJORITY OF THIS FENCE WILL BE EIGHT FEET HIGH, UH, AS OPPOSED TO 13 FEET HIGH, WHICH I THINK IS FRANKLY EXCESSIVE.
SO I'M, I WAS VERY GLAD TO LEARN THAT IT WAS ONLY THE GATE PORTION THAT WILL BE 13 FEET HIGH ON THIS.
THANK YOU MR. JENNER DISCUSSION ON THE MOTION.
UH, THE BOARD SECRETARY WILL CALL THE VOTE.
THIS IS A VOTE IN FA, UH, TO, TO GRANT A, UH, SPECIAL EXCEPTION FOR THE 13 FOOT HIGH FENCE, UM, AND CONSISTENT WITH THE SITE PLAN MS. BOARD SECRETARY MR. FEENEY AYE.
MOTION TO GRANT PASSES 5 2 0, UH, IN THE MATTER OF BDA 2 3 4 0 9 0 A MOTION HAS BEEN APPROVED UNANIMOUSLY FIVE TO ZERO TO UH, ALLOW FOR A 13 FOOT HIGH FENCE SPECIAL EXCEPTION CONSISTENT WITH, UH, THE HEIGHT AND FENCE LOCATIONS AS A SIDE PLAN SUBMITTED SECOND MOTION MR. NING, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 0 9 0 ON APPLICATION OF ANDY ONAN GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT 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.
'CAUSE 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 ARE REQUIRED IN THE MATTER BDA 2 3 4 0 9 0.
UH, MR. FINNEY HAS MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR, UM, PANELS HAVE SURFACE LESS THAN 50% OPEN SURFACE AREA WITHIN THE FIVE FOOT FRONT YARD FRONT.
IS THERE A SECOND ON THE MOTION? SECOND.
MR. FINNEY? UM, AGAIN, I THINK, UH, IT'S CLEAR THAT THE IN, IN ORDER FOR THERE TO BE AN ADVERSE EFFECT ON NEIGHBORING PROPERTIES, THAT MEANS THAT THE OVERALL, UH, CHARACTER OF THE, UH, THE SITE IN QUESTION IS CHANGING.
AND, UH, I THINK THE, THE APPLICANT MADE A VERY CLEAR CASE THAT, THAT THERE, THERE IS NO CHANGE IN THE OVERALL CHARACTER OF THE SITE.
SEEING NO DISCUSSION IN THE MOTION, THE BOARD SECRETARY OF WILL CALL THE MO CALL THE, THE ROLE THIS IS A MOTION TO GRANT LESS THAN 50% OPEN SURFACE AREA ON BDA 2 3 4 0 9 0.
MOTION PASSES TO GRANT FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 9.
THE BOARD UNANIMOUSLY BY A FIVE TO ZERO VOTE GRANTS THE REQUEST FOR THE SPECIAL EXCEPTION FOR, UH, FENCE PANEL HAVING LESS THAN 50% OPEN SURFACE AREA WITHIN THE FRONT, THE FIVE FOOT FRONT LOT LINE AREA.
[01:30:01]
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 0 9 0 ON APPLICATION OF ANDY ONAN GRANT THE REQUEST OF THIS APPLICANT FOR SPECIAL EXCEPTION TO THE DEFENSE MATERIALS STANDARDS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED 'CAUSE 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 THE MATERIALS AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BDA 2 3 4 9 0.
UH, MR. FINNEY MOVES TO GRANT THE REQUEST FOR A SPECIAL EXP EXCEPTION FOR FENCE MATERIALS STANDARDS.
MR. DISCUSSION ON THE MOTION? MR. FINNEY? UH, AGAIN, MR. UH, THE APPLICANT MADE IT VERY CLEAR THAT THE, THE OPACITY OF THE MATERIALS IN QUESTION, UH, ARE NOT CHANGING FROM THE EXISTING CONDITION TO THE CURRENT CONDITION.
UM, AND THEREFORE IT IS, UH, ESSENTIALLY A NON-CONFORMING USE, UM, AND NOT ADVERSELY AFFECTING, UH, THE NEIGHBORING PROPERTIES.
MR.
UM, IN THIS PARTICULAR MOTION, IN THIS PARTICULAR REQUEST, IT'S REGARDING PROHIBITED FENCE MATERIALS.
DOES THE STAFF HAVE SUFFICIENT DOCUMENTATION AS TO WHAT THE MATERIALS THE APPLICANT IS PROPOSING IN ORDER TO SUFFICIENTLY, UM, UH, ENFORCE WHAT WE WOULD OR WOULD NOT APPROVE TODAY? I DIDN'T, I DIDN'T SEE SPECIFIC CALL OUTS ON THIS TYPE OF STEAL OR THIS TYPE OF DEAL, THIS, THAT SORT OF THING.
AND OUR, OUR, UM, OUR CODE BOOK IS NOT SPECIFIC ON THAT.
SO FOR NOW, THE, AS FAR AS LIKE THE DETERMINATION I WAS TALKING ABOUT EARLIER, THEY'RE SAYING THAT ANYTHING THAT IS A, A SOLID PIECE OF METAL IS CONSIDERED A SHEET METAL.
WHETHER IT HAS, YOU KNOW, UM, LIKE CUTOUTS OR ANYTHING LIKE THAT, IF IT'S ONE BIG PIECE OF METAL.
UM, SO ALL THAT YOU WOULD DO IS COMPARE AGAINST THAT DEFINITION, CORRECT? CORRECT.
UNTIL THEY GIVE US ANY SPECIFICS.
THE, THE THICKNESS OR THE, I DON'T KNOW, THE WAY THEY, THEY MAKE IT AND YOU KNOW, I, I REALLY, I, I DON'T KNOW ABOUT METALS, BUT, UM, I DON'T KNOW IF YOU'RE RIGHT.
SO, UM, SO YEAH, SO THAT'S ALL WE HAVE TO GO OFF OF.
WE DON'T HAVE ANY SPECIFICS THAT WE COULD GO OFF BESIDES, IT'S JUST ONE BIG PIECE OF THAT.
SO YOU'RE, YOU'RE SAYING YOU DON'T NEED ANY MORE DETAIL OR THAT'S THE, THAT'S THE LEVEL OF DETAIL THAT YOU USE TO ENFORCE IT? WE, DURING INTAKE, WHEN THEY GET THEIR PERMIT, YES, THEY WOULD HAVE TO PROVIDE, UM, THE SPECS ON THE TYPE OF MATERIALS THAT THEY'RE USING.
UM, BUT AS FAR AS FOR THE BOARD, I MEAN, WE HAVE TO CONSIDER A, UM, PROHIBITED MATERIAL IF IT'S JUST ONE BIG PIECE OF, OF METAL.
SO YOU DON'T, YOU DON'T NEED ANY MORE SPECIFICITY FROM THE APPLICANT? NO, THAT'S WHAT I WANTED TO HEAR OR NOT.
WITH THAT I'LL BE SUPPORTING THE MOTION.
UM, I JUST WANNA MAKE SURE THAT WE HAVE SUFFICIENT INFORMATION OF WHAT WE'RE APPROVING FOR BUILDING INSPECTION TO BE ABLE TO SAY, YES, THIS IS WHAT THEY APPROVED OR NOT.
UM, WELL, FOR ALMOST A SIMILAR REASON, I'LL BE NOT SUPPORTING THIS MOTION.
I I HAVEN'T HEARD ANYTHING PRESENTED BY ANYONE TO SUBSTANTIATE A REASON FOR CHANGING THIS PART OF THE FENCE OTHER THAN AESTHETIC PURPOSES.
UM, AND I DON'T, I DON'T FEEL WE SHOULD BE MAKING THOSE KINDS OF ACCOMMODATIONS IN THE ABSENCE OF, OF MATERIAL REASONS REQUIRING A CHANGE.
I APPRECIATE YOUR PERSPECTIVE.
UM, I WAS SEARCHING WITH MY PROFESSIONAL STAFF TO MY RIGHT TO SEE IF THEY, IN THE, THEIR CRITERIA AND THEIR PROCESS ON BUILDING INSPECTION, SAY LINE 22, SECTION FOUR, SECTION FIVE SAYS THIS, THAT, THE OTHER, AND I HAVEN'T HEARD THAT YET.
UH, I KNOW THAT EACH ONE OF OUR CASES THAT WE HANDLE, UH, WE, WE, THERE'S NO PRECEDENT THAT IS SET.
AND AS I RECALL, THESE BUILT THIS PROHIBITED BUILDING MATERIAL ISSUE THAT'S COME UP SEVERAL, SEVERAL, SEVERAL TIMES EACH TIME IT'S LIKE, OKAY, WELL IT'S WHAT'S, WHAT'S APPROVED OR, OR WHAT'S ALLOWED OR WHAT'S NOT.
IT SEEMS TO BE THE FULL GAMUT.
SO AS MUCH AS I AGREE WITH YOU WANTING IT SOME MORE BASIS ON THAT, I DON'T THINK THE CODE REQUIRES THAT.
I MEAN, IT'S, IT'S, IT'S KIND OF, NOW I'M GONNA TURN BACK TO STAFF AGAIN TO SEE IF THEY DISAGREE WITH WHAT, WHAT I'M SAYING.
[01:35:01]
BOARD ADMINISTRATOR.DO YOU SEE MY CON CONUNDRUM? IF THERE WAS MORE SPECIFICITY IN THE CODE FOR US TO JUDGE AGAINST, THEN MAYBE I COULD SAY, YOU KNOW, WE SHOULD HAVE A HIGHER OR LOWER OR WHATEVER STANDARD.
TELL ME IF I'M CORRECT OR INCORRECT ABOUT SPECIFICITY.
I AGREE WITH WHAT YOU'RE SAYING.
SO I DO AGREE WITH WHAT YOU'RE SAYING, BUT AT THIS TIME WE DON'T HAVE ANY OTHER SPECIFIC ASIDE FROM HOW MS.
SO THERE WE ARE AND THIS IS SOMETHING THAT'S COME UP ON MANY OTHER CASES.
DO YOU WANT NEXT? OKAY, I'LL GET YOU NEXT.
THAT THERE WE ARE, WE'RE BACK TO THIS.
AND WE'VE HAD MANY OF THESE CASES THAT, AND IT MAY BE, I DON'T KNOW, MAYBE I'M THINKING THIS YEAR, MANY OF THE CASES IN THE PREVIOUS YEAR, I DON'T REMEMBER PROHIBITED MATERIALS VERY MUCH, BUT IN THE LAST SIX MONTHS, IT SEEMS LIKE THE BUILDERS ARE, ARE INTO PROHIBITED MATERIALS.
AT SOME POINT IN TIME, THE CITY COUNCIL MAY CHANGE THEIR MIND AND SET A DIFFERENT STANDARD.
BUT FOR RIGHT NOW IT'S THIS SWATH OF APPROVED VERSUS THE MASSIVE, THEY'RE NOT APPROVED.
SO I, I'M SEARCHING FOR SOMETHING THAT I CAN, UH, OPPOSITE FROM HEARING OTHERWISE FROM STAFF.
I'M KIND OF, I DON'T, I DON'T KNOW HOW I GET TO A NO FROM MY YES, MR. FINNEY.
AND I WOULD JUST LIKE TO BRING IT BACK TO THE SPIRIT OF THIS, WHAT THIS IS ABOUT, WHICH IS DOES THIS ADVERSELY AFFECT THE SURROUNDING PROPERTIES? THERE'S BEEN ONE LETTER, ONE LETTER OF OPPOSITION AND IT MENTIONED HEIGHTS.
IT DID NOT MENTION THE NONCONFORMING MATERIALS.
SO, DISCUSSION AND THE MOTION.
MS. BOARD SECRETARY, I'M CALLING FOR A VOTE.
THIS, THIS MOTION IN FRONT OF US IN BD 8 2 3 4 0 9 0, UH, IS A MOTION TO GRANT, UM, A SPECIAL EXCEPTION TO FENCE MATERIAL STANDARDS.
MOTION TO GRANT PASSES FOUR TO ONE IN THE MATTER OF BDA 2 3 4 0 9 0.
UH, THE BOARD ON A VOTE OF FOUR TO ONE GRANTS, THE REQUEST FOR A SPECIAL EXCEPTION FOR DEFENSE MATERIAL STANDARDS.
YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
I WILL MAKE AN EDITORIAL COMMENT TO MY BOARD STAFF AND THAT IS, UH, IT WOULD BE NICE TO HAVE MORE SPECIFICITY.
YES, IT WOULD BE NICE TO BE MORE SPECIFIC, BUT THAT'S OUT OUTSIDE OUR REIGN.
THAT'S FOR THE COUNCIL, CITY COUNCIL TO DECIDE IF THEY WANT TO NARROW THE DEVELOPMENT CODE ASSOCIATED.
NEXT ITEM ON OUR AGENDA TODAY IS BDA 2 3 4 DASH 0 8 6 2 3 4 DASH 0 8 6.
THIS IS AT 9 0 4 0 MERCER DRIVE IS THE APPLICANT HERE.
OUR BOARD SECRETARY WILL SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
UH, YOU HAVE TO DO IT TO THE MICROPHONE MUSTAFA, RELY RIGHT HERE TO THAT MICROPHONE.
SO YOU COMING NOW A LITTLE BIT BETTER? I CAN GET, THERE YOU GO.
YOU'RE GONNA, I'M GONNA ASK YOU TO REPEAT THAT SLOWLY SO I CAN UNDERSTAND IT.
MUSTAFA SODI MUSTAFA? YES SIR.
AND THE LAST NAME? SUI SOI MUSTAFA SUI? YES, SIR.
UH, I'M GIVING THE BOARD AGAIN THE, UH, WHAT THE SAME MATERIALS THAT YOU REVIEWED THIS MORNING, UH, THAT THE, THAT THE STAFF RECEIVED IN THE FOLDERS FOR YOU TO LOOK AT IF YOU WANT TO.
ALRIGHT, SIR, YOU HAVE FIVE MINUTES, PLUS OR MINUS TO PRESENT TO THE BOARD.
UH, I'M HERE IN FRONT OF YOU TO, UH, SEEK IN AN, UH, AN APPROVAL TO BUILD A FENCE ON MY PROPERTY.
SO, UH, TO ALLOW ME TO HAVE A BACKYARD.
AS OF NOW, THERE IS NO FENCE OF ANY SORT AND THE PROPERTY IS ACCESSIBLE FROM MULTIPLE LOCATIONS.
[01:40:02]
UH, I WOULD LIKE TO SHARE SOME PERSONAL INFORMATION, UH, WITH YOU GUYS.UH, I WAS BORN AND RAISED, UH, OVERSEAS AND BAGHDAD, IRAQ.
MOVED HERE IN 2012 AND BEEN LIVING THE DREAM SINCE THEN.
AND MY ULTIMATE GOAL WAS TO HAVE MY FAMILY COME JOIN ME.
I DON'T MEAN TO INTERRUPT, BUT CAN YOU, OH, TURN THE MIC DOWN A LITTLE BIT CLOSER TO YOU SO WE CAN HEAR YOU BETTER.
IS IT BETTER NOW? YEAH, RIGHT HERE.
AND MY, UH, MY PURPOSE IN LIFE IS TO HAVE MY FAMILY COME JOIN ME.
UH, MY MOM, MY TWO SISTER, TWO NIECES AND A NEPHEW KIND OF JOINED.
AND, UH, WE ARE OVER THE MOON WITH THE PROPERTY, WITH THE NEIGHBORS, WITH, UH, EVERYTHING THAT OFFERS.
UH, BUT WE LEARNED THAT, UH, WE DON'T, UH, WE HAVE LIKE TWO AND A HALF SETBACKS WHERE EITHER TWO AND A HALF OR TWO SETBACKS WHERE WE CAN'T ACTUALLY HAVE A BACKYARD.
UH, AND, UH, I WANTED TO DO THE RIGHT THING.
I WENT THROUGH THE CITY, I WANTED TO GET THE PERMITS AND I WANTED TO GET THE, UH, UH, NEIGHBOR SUPPORT.
SO I WAS ADVISED TO SUBMIT A, UH, UH, AN ARCHITECT, UH, DRAWINGS, UM, TO PRESENT MY CASE.
AND I HAVE MULTIPLE REASON, UH, WHY, UH, THIS, UH, OFFENSE IS IMPORTANT.
UH, PER, UH, THERE ARE THREE, UH, MAJOR REASONS.
FIRST ONE IS, UH, A SECURITY, UH, ACCORDING TO THE MALCOLMS NEIGHBORS THAT IN THAT CUL-DE-SAC IN PARTICULAR, THE PREVIOUS OWNERS WERE, UH, PHYSICALLY ASSAULTED BY AN INDIVIDUAL WHO GAINED ACCESS THROUGH THE GARAGE WHILE THE PREVIOUS OWNER TRIED TO PARK THEIR CAR.
'CAUSE THERE IS NOTHING STOPPING ANYONE LITERALLY FROM WALKING TO YOUR BACKYARD.
AND THE, UH, SECOND REASON IS, UH, SAFETY MERCER IS A TWO-WAY STREET, UH, TWO-WAY LANE, BUSY STREET.
AND CARS CAN TRAVEL ANYTHING BETWEEN 30 TO QUARTER MILES AN HOUR, ESPECIALLY DURING, UH, RUSH HOURS.
AND SINCE I HAVE, UH, TWO NIECES AND NEPHEW, UH, THEY'RE FIVE, FOUR, AND TWO YEARS OLD, I DON'T FEEL SAFE LEAVING THEM UNATTENDED FRONT YARD OR BACKYARD, WHICH WE DON'T HAVE.
AND, UH, THE, UH, UH, THIRD REASON IS THE PRIVACY.
UH, MY MOM AND TWO SISTERS, UH, PRACTICE ISLAM AND THEY CHOOSE TO WEAR THE, UH, AT SCARF.
AND THE ONLY TWO PLACES THEY FEEL COMFORTABLE TAKING THAT OFF IS EITHER INSIDE THE HOUSE OR IN A BACKYARD IF WE HAD ONE.
UH, MY SIS THE TALL SISTER THAT I HAVE IS, UH, FIVE 10.
AND THAT'S THE ONLY REASON WE ARE REQUESTING A SIX FOOT FENCE TO PROVIDE ENOUGH, UH, PRIVACY.
UH, YOU WERE LISTENING TO OTHER CASES TODAY 'CAUSE WE WERE ASKING WHY 13, WHY 10? WHY THIS, WHY THAT? VERY SMART OF YOU.
I I'M TRYING, YOU'RE SAVING YOUR BACON.
UH, I AM TR I'M SAVING MY OWN BACON.
I KNOW TO MARY, I I KNOW I THAT'S, I, I'M, I'M NOT TAKING YOUR TIME.
I'M REINFORCING THAT THIS IS A QUESTION THAT CAME UP ALL NIGHT TODAY.
SO YOU'RE SAVING YOUR OWN BACON.
AND I'VE BEEN PRACTICING IT ON THE SPECIFICITIES THAT THE WORD THAT YOU'VE BEEN STRUGGLING WITH IS, IT'S PRETTY HARD.
I WON'T BE ABLE TO SAY THAT WORD FOR ANOTHER YEAR OR SO.
AND, UH, SO, UH, I CAN GO OVER THE, THE DESCRIPTION OF THE FENCE, BUT IT WAS CLEAR, UH, FROM, UH, JORDAN, IT'S BOARD ON BOARD RED CEDAR FENCE.
THE, THE, UH, POST WILL BE FACING INWARDS TO, TO ACCOMPLISH THAT IS SIT, SIT, UH, THE, UH, THE PRETTIER SIDE WILL BE ON THE OUTSIDE AND INSTEAD OF BEING, UH, ON THE OUTSIDE TO CONSIDER THE NEIGHBORS AND STUFF, UH, AND THERE IS ACTUALLY A SIMILAR PROPERTY ON MERCER AND, UH, SPRINGWATER IDENTICAL SITUATION, EXACTLY 0.4 MILE AWAY FROM MY PROPERTY CORNER LOT.
BUT, UH, THESE GUYS HERE ACTUALLY TOOK THE FENCE ALL THE WAY UP TO THE FRONT SETBACK.
LIKE THEY MADE IT FLUSH WITH THE, UH, UH, WITH THE BROOKLINE THAT FACING MERCER.
THAT'S NOT WHAT I'M REQUESTING.
I'M ACTUALLY GOING BACK SEVEN FOOT FROM THE, THE FRONT YARD, UH, ON MERCER.
NOT SURE IF THAT'S A CLEAR, BUT THIS IS EXACTLY WHAT THE PROPERTY AT, UH, 9 4 3 6 MERCER DRIVE HAVE DONE.
AND I'M NOT SURE HOW THEY HAVE DONE IT, BUT I'M, UH, I DID MY, UH, DID MY RESEARCH.
AND THIS FENCE WAS CONSTRUCTED MAYBE FIVE, SIX YEARS AGO.
[01:45:01]
IT WASN'T TOO LONG AGO.AND IT IS ALMOST IDENTICAL TO WHAT I'M PLANNING ON CONSTRUCTING ON, UH, MY PROPERTY.
UH, I CAN GO OVER THE NEIGHBOR SUPPORT.
THIS IS LIKE THE BEST NEIGHBOR THAT I'VE EVER BEEN TO.
AND THAT'S THE REASON WHY I AM CALLING IT HOME.
UH, UH, I TRY TO REACH EVERY SINGLE PERSON ON THAT, UH, LIST.
BUT, UH, OUT OF THE 18 FOUR OF THEM, ONE IS SPENDING SUMMER IN COLORADO.
I GOT TOO MUCH INFORMATION ABOUT THE NEIGHBORS.
NOW ONE OF THEM IS, UH, BUT JUST DON'T GIVE US NAMES.
ONE OF THEM IS SPENDING SUMMER IN COLORADO.
I WASN'T ABLE TO REACH ONE OF THEM HAD JUST SOLD THEIR HOUSE.
THE NEW OWNERS ARE, UH, HASN'T MOVED IN, UH, ONE NURSING HOME AND ONE HOUSE IS BEING, UH, RENOVATED.
BUT THE MOST IMPORTANT, UH, NEIGHBORS AND MOST AFFECTED ARE THE ONES IN THE, UH, CUL-DE-SAC, ESPECIALLY THE PROPERTY ADJACENT, UH, TO MY PROPERTY, UH, THAT I HAVE, UH, THEIR APPROVAL AND THEY'RE A HUNDRED PERCENT ON BOARD.
UH, I HAVE, UH, ALL I'M ASKING IS, UH, FOR SAFETY, SECURITY AND PRIVACY FOR MY FAMILY.
AND, UH, UH, WE ACTUALLY HAVEN'T MOVED IN BECAUSE OF THOSE THREE REASONS.
I APPRECIATE YOU GOING THROUGH THE PROCESS.
I APPRECIATE VERY MUCH YOU REACHING OUT TO YOUR NEIGHBORS.
I, AS I, AS YOU MAY HAVE HEARD ME SAY EARLIER TODAY, AND YOU HEARD SEVERAL OTHERS SPEAK TO IT, IT'S VERY IMPORTANT.
OUR CRITERIA IS THE SPECIAL EXCEPTION WILL NOT, NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
UH, I ALWAYS CHART THE YESES AND THE NO'S ON HERE.
AND TO SEE ALL THESE GREENS ALL SURROUNDING HERE IS VERY ADMIRABLE AS WELL AS THE LETTERS THAT WE'VE RECEIVED.
UH, IT'S SHOWING A, A GOOD FAITH EFFORT.
THAT ALONE DOESN'T PERSUADE ME, BUT THAT IS VERY PERSUASIVE.
SO, UH, THAT'S JUST ONE MEMBER, AND EACH BOARD MEMBER OPERATES THEIR OWN SET OF CRITERIA IN THAT SORT OF STATE FOR THANK YOU.
WHAT QUESTIONS DO WE HAVE FOR THE APPLICANT, MR. FINNEY? WELL, I JUST WOULD LIKE TO MAKE A OBSERVATION.
UM, YOU KNOW, THE, THE, THE MOST EFFECTIVE WAY TO DEMONSTRATE THAT YOU ARE NOT ADVERSELY AFFECTING, UH, YOUR NEIGHBORS IS TO, UH, GIVE THEIR SUPPORT TO TALK TO THEM, WHICH YOU'VE OVERWHELMINGLY DONE.
AND TO BE WILLING TO COMPROMISE WITH THOSE THAT DO HAVE CONCERNS, WHICH YOU DEMONSTRATED.
UM, AND SO, UM, YEAH, I THINK THAT SPEAKS FOR ITSELF.
IT SPEAKS VOLUMES AND, UH, I APPLAUD YOUR EFFORTS.
IT, IT IS HOME AND, UH, I WANT, MY NEIGHBORS ARE LIKE A SECOND FAMILY.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR. HAITZ? THE, EXCUSE ME.
UH, I ALSO APPLAUD YOUR EFFORTS IN GETTING SO MUCH INPUT FROM YOUR NEIGHBORS.
THE, THE ONE NEIGHBOR WHO INITIALLY OBJECTED, UM, IT APPEARS YOU SPOKE TO HIM ABOUT THE SITUATION, MR. NICK WITHERFORD.
UM, DID YOU, DID YOU, SO DID YOU ACTUALLY MAKE ANY CHANGES TO WHAT YOUR PLANS ARE TO ACCOMMODATE THAT? I DID NOT MAKE AN ACTUAL CHANGES, BUT I WAS WILLING TO.
BUT WE LEARNED THAT, UH, IT IS TOO, UH, ALMOST TOO LATE IN THE PROCESS.
I HAVE TO SUBMIT A NEW DRAWINGS AND I HAVE TO HAVE A NEW HEARING.
AND AS I MENTIONED, MY FAMILY LITERALLY WAITING FOR THIS APPROVAL AND I SPOKE WITH HIM AND IT WAS A, LITERALLY A MATTER OF ONE TO TWO FOOT TO BE, TO BE PUSHED AWAY FROM THE SIDEWALK.
THE INITIAL OBJECTION FROM MR. UH, WEATHERFORD, UH, THE TWO OF US HAVE NEVER MET.
AND, UH, THE FIRST TIME I MET HIM, WE SPENT LIKE TWO HOURS.
I SHOWED HIM MY HOUSE, AND HE WAS, UH, ON BOARD.
BUT THEN HE WANTED THOSE TWO TO THREE FEET AWAY FROM THE SIDEWALK.
BUT THE DRAWING, UH, ARE ONE FOOT.
SO NOT A SIGNIFICANT DIFFERENCE, BUT I WAS WILLING TO, BUT I LEARNED THAT NEW DRAWINGS, NEW HEARINGS, AND ALL OF THE ABOVE.
SO I SPOKE WITH HIM AND HE EMAILED, UH, UH, JORDAN SAYING THAT HE WITHDRAW HIS, UH, OBJECTION.
ARE THERE ANY OTHER SPEAKERS REGISTERED MS. WINGS? NO, SIR.
OTHER DISCUSSION ON OTHER DISCUSSION, OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION.
[01:50:01]
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 86 ON APPLICATION OF MUSTAFA.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 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 SITE PLANS ARE REQUIRED IN THE MATTER OF BDA 2 3 4 0 86.
MR. NRI HAS MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR A SIX FOOT HIGH FENCE.
UH, IS THERE A SECOND? SECOND.
IT'S BEEN SECONDED BY MR. HOCK KO, UH, DISCUSSION ON THE MOTION.
MR. NARY? THANK YOU MR. CHAIRMAN.
UM, I CONCUR WITH MY FELLOW PANEL MEMBERS.
UM, I JUST THINK YOU'VE DONE AN EXEMPLARY JOB, UM, IN DEMONSTRATING WHAT BEING A GOOD NEIGHBOR ENTAILS.
I, I LOVE THE FACT THAT YOU WERE ABLE TO GARNER SO MUCH SUPPORT FROM YOUR IMMEDIATE SURROUNDING NEIGHBORS.
UM, AND THAT, THAT'S REALLY WHAT PERSUADED ME IN THIS CASE.
UM, IN ADDITION TO THE FACT THAT YOU'RE NOT ASKING FOR SOMETHING EXORBITANT, YOU'RE ASKING FOR A TWO FOOT, TWO FOOT, YOU KNOW, INCREASE JUST TO SIX FEET.
SO I THINK THAT'S A VERY REASONABLE REQUEST AND THAT'S WHY I MADE THE MOTION.
MR. HAITZ, I, I AGREE WITH MR. NE'S COMMENTS AND I HOPE YOU AND YOUR FAMILY HAVE MANY HAPPY YEARS IN THAT NEIGHBORHOOD.
THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 0 8 6.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO GRANTS YOUR REQUEST FOR A SIX FOOT HIGH SPECIAL EXCEPTION TO THE HEIGHT.
MR. NEARING, UH, THANK YOU MR. CHAIR.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL APPEAL NUMBER BDA 2 3 4 DASH EIGHT SIX ON APPLICATION OF MUSTAFA SUE, SORRY, SUEY.
SUEY, THAT'S THE EASIEST WAY TO SAY IT.
GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AN 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 ARE REQUIRED IN THE MATTER BDA 2 3 4 86.
MR. NERI HAS MOVED TO GRANT THE REQUEST FOR A FENCE WITH LESS FENCE PANELS HAVING LESS THAN 50% OPEN SURFACE AREA WITHIN THE FIRST FIVE FEET OF THE FRONT LOT.
UH, IS THERE A SECOND TO THE MOTION? SECOND.
IT'S BEEN SECONDED BY MR. FINNEY.
IS THERE A DISCUSSION ON THE MOTION? MR. NRI? THANK YOU MR. CHAIRMAN.
AS YOU WELL KNOW, UH, OPACITY IS A BIG CONCERN OF MINE.
UM, AND, BUT IN LOOKING AT THE DRIVE BY AND, AND THE PICTURES IN THIS PARTICULAR CASE, THERE DOESN'T APPEAR TO BE A WHOLE LOT OF FENCING.
UM, BUT FOR REASON STATED, UH, PRIVACY, UH, IT'S A REASONABLY, UH, MODEST REQUEST.
UM, AND AGAIN, IT'S ONLY SIX FEET HIGH.
I, UH, AM IN FAVOR OF, UH, GRANTING THIS.
AGAIN, I THINK THAT, UM, MR. SOAD HAS GIVEN US ALL A LESSON IN BEING A GOOD NEIGHBOR AND, UH, THAT'S THE BEST WAY TO PROVE THAT YOU ARE NOT ADVERSELY AFFECTING THEM.
I WOULD JUST, UH, ADD THAT IT'S NOT VERY OFTEN I RUN INTO SOMEBODY WHOSE NAME GETS MISPRONOUNCED AS MUCH AS MINE DOES.
UH, ANY OTHER DISCUSSION OF THE MOTION? THE MOTION BEFORE THE BOARD IS TO APPROVE, UH, IS TO GRANT THE REQUEST FOR, UH, LESS THAN 50% OPEN SURFACE AREA, UH, IN THE, IN THE FIVE FEET FRONT.
[01:55:01]
CALL FOR A VOTE.MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 0 86.
THE BOARD UNANIMOUSLY GRANTS BY MODE FIVE TO ZERO, THE REQUEST FOR BY THE APPLICANT TO, UH, MAINTAIN OFFENSE OR CREATE OR CONSTRUCT OR MAINTAIN OFFENSE WITH PANELS LESS THAN 50% OPEN SERVICE AREA.
YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR FOR BOTH.
THANK YOU BOARD AND THANK YOU STAFF.
YEAH, WELL WE, WE LEARNED, WE LEARNED ABOUT BACON.
WHAT'S WHAT'S INTERESTING IS, UM, WE WOULD, WE ALWAYS ENCOURAGE OUR STAFF TO TELL APPLICANTS FUTURE APPLICANTS TO WATCH VIDEOS OF THIS BECAUSE YOU COULD EASILY SEE HOW TO DO AND NOT TO DO AS FAR AS BE PERSUASIVE ON DIFFERENT ISSUES.
SO AT FIRST, MR. MR. NE'S CATCH EARLIER ON THOSE STOP SIGNS REALLY SAVED THAT GUY'S BACON.
SO, BUT YEAH, UH, AT FIRST EARLIER, I DIDN'T LIKE THE FACT THAT MY CASE WAS PUSHED ALL THE WAY TOWARDS THE END, BUT THEN I WAS LIKE TAKING NOTES.
AND THAT'S ANOTHER THING WE RECOMMEND AND THAT'S ANOTHER THING WE RECOMMEND TO EITHER ATTEND THE, THE BRIEFING IN THE MORNING 'CAUSE YOU GET MOST OF OUR QUESTIONS OUT AND YOU, YOU HEAR ALL THAT.
BUT AGAIN, WE HANDLE EACH CASE INDEPENDENTLY WITHOUT PRECEDENT.
UM, BUT THEN TRY TO APPLY A CONSISTENT STANDARD ACCORDING TO THE CODE.
ALRIGHT, UH, BOARD MEMBERS, WE HAVE ONE LAST CASE FOR TODAY.
THIS IS AT 8 3 0 6 MIDWAY ROAD.
UM, HOW MANY SPEAKERS DO WE HAVE FOR THIS CASE? WE HAVE THE TWO APPLICANTS, UH, TWO APPLICANTS THAT ARE HERE.
UM, BOARD MEMBERS, UM, FOR THIS CASE, I'VE GOT THE WRITTEN, UM, SUBMITTALS THAT CAME TO US.
UH, OUR BOARD SECRETARY WILL SWEAR EACH OF YOU IN AND THEN YOU'LL GET FIVE MINUTES A PIECE TO BE ABLE TO PRESENT.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
UH, PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
THE ADDRESS IS 8 3 0 6 MIDWAY ROAD, DALLAS, TEXAS 7 5 2 0 9.
JENNIFER HICKEY, 8 3 0 6 MIDWAY ROAD, DALLAS, TEXAS 7 5 2 0 9.
ALRIGHT, SO YOU HAVE FIVE MINUTES PLUS OR MINUS EACH.
AS YOU HEARD, UM, DR. MILLER HOSKINS STATE EARLIER, OUR SITUATION IS A LITTLE COMPLEX, SO IN ORDER TO USE MY TIME WISELY, UM, I'VE PREPARED SOME NOTES TO KIND OF GUIDE THROUGH REALLY ABOUT A THREE AND A HALF YEAR PROCESS THAT WE'VE BEEN GOING THROUGH.
UM, AND THEN HAPPY TO, UH, TAKE ANY QUESTIONS OF COURSE AT THE END.
UM, SO, UM, WE PURCHASED THIS HOME AT 83 0 6, MIDWAY BACK IN 2020.
WE'VE BEEN RESIDENTS OF DALLAS, UM, FOR MANY YEARS PRIOR, SINCE 20 20 12.
UM, WE BEGAN A REMODEL AND IN ADDITION WITH HUDSON BUILDERS OR HUDSON CONSTRUCTION.
UM, SHORTLY AFTER WE BEGAN WORKING WITH THE ELITE OUTDOOR LIVING, A SEPARATE COMPANY BACK IN, UH, 2021 TO HANDLE THE HARDSCAPE AND THE LANDSCAPE THAT IS IN QUESTION.
UM, ELITE OUTDOOR LIVING CREATED A PLAN FOR THE FRONT OF THE HOUSE THAT INCLUDED A BRICK WALL WITH THE ELECTRIC GATES ON THE DRIVEWAY.
SINCE MOVING IN BACK IN 2020, WE HAD OUR VEHICLE STOLEN FROM OUR HOME, UH, DURING THE MIDDLE OF THE NIGHT, UH, FROM OUR DRIVEWAY.
UM, ON A SEPARATE INCIDENT WE HAD OUR PULL EQUIPMENT STOLEN.
UM, AND WE'VE ALSO HAD IN OTHER SEPARATE INCIDENTS, UM, WE'VE HAD MANY PACKAGE THEFTS AT OUR FRONT DOOR.
SO OUR INTENT WAS HOPING THAT THE GATES WOULD BE A DETERRENT.
UM, ALONG WITH THE, UH, THE WALL AFTER REVIEWING PLANS AND COMING UP WITH A PLAN THAT ADDRESSED OUR CONCERNS AND WAS ALSO AESTHETICALLY PLEASING TO THE HOME AND TO THE NEIGHBORHOOD, AND MATCH THE STYLE OF OUR HOME, ELITE SUBMITTED PLANS TO THE CITY AND THESE PLANS WERE STAMPED AND APPROVED BY THE CITY OF DALLAS BACK ON MARCH 29TH, 22.
UM, I KNOW MR. CHAIRMAN, YOU HAD MENTIONED EARLIER, UM, TO THE STAFF, IS THERE A, A CITY STAMP THAT'S ON THOSE PLANS? NOT FOR THE ADDITION, BUT FOR THE ACTUAL WALL AND FOR THE HARDSCAPE.
AND THAT IS WHAT WAS APPROVED BY THE CITY BACK IN, UH, MARCH 29TH, 2022, WHERE IT SPECIFICALLY STATES THE SIZE OF THE WALL, THE WALL, THE PROPERTY, ET CETERA.
UM, APPROXIMATELY 11 MONTHS AFTER, UH, MARCH 29TH, 2022,
[02:00:01]
UM, THE WALL WAS FLAGGED IN THE FIELD BY A BUILDING INSPECTOR, WHICH WE THEN FOUND OUT APPARENTLY THAT MUST HAVE BEEN THERE WAS AN ISSUE.WE IMMEDIATELY REACHED OUT TO THE CONTRACTOR, ELITE OUTDOOR LIVING.
THEY ASSURED US THAT THERE HAD TO BE A MISTAKE.
YLI TOLD US THAT THEY REACHED OUT TO THE CITY ON FEBRUARY 22ND, 2023, AND WERE TOLD THAT THEY HAD A PERMIT FOR THE WALL.
AND TO REACH OUT TO THE BUILDING INSPECTOR, MR. TY HOWARD WITH ANY CONCERNS, UM, THEY REACHED OUT TO TY HOWARD THAT SAME DAY AND WAS TOLD BY MR. HOWARD TO SUBMIT ENGINEERING PLANS WITH A LETTER AND SEND TO THE BUILDING INSPECTOR MANAGER, MR. CARLTON KING.
BOTH WERE SENT THE ENGINEERING PLANS AND THE REQUIRED INFORMATION ON MARCH 10TH, 2023.
AND THEN AN INSPECTION WAS, UM, THEN SCHEDULED BY THE CITY FOR MARCH 27TH, 2023.
UM, IT WAS THEN GREEN TAGGED, UM, A FEW DAYS LATER, I'M SORRY, THE NEXT DAY, LATER ON MARCH 28TH, 2023, IT WAS GREEN TAGGED.
WHAT I WAS REFERENCING WAS THE WALL.
UM, ELITE AGAIN ASSURED US THAT THERE WAS NO ISSUE AND THE WORK CONTINUED.
UM, IT WASN'T UNTIL LATER ON THAT OUR BUILDER, WHO WAS DOING THE HOME EDITION IN THE BACK, ATTEMPTED TO GET THEIR CEO FROM THE CITY AND THEY WERE ALERTED THAT THERE WAS STILL AN ISSUE.
UM, AT THIS POINT, WE REACHED OUT TO ELITE OUTDOOR LIVING.
AGAIN, THEY ASSURED US THEY HAD EVERYTHING IN ORDER WITH NO ISSUES.
WE WANTED CLARITY OURSELVES, SO WE REACHED OUT TO TWO BUILDING INSPECTORS, ONE BUILDING INSPECTOR MANAGER, ONE CODE COMPLIANCE MANAGER OVER THE COURSE OF THREE DAYS, LEFT VOICEMAILS FOR ALL AND DID NOT RECEIVE A RETURN CALL FROM ANY.
UM, FINALLY I WENT TO THE PERMIT OFFICE MYSELF AND WAS TOLD THAT THE ONLY OUTSTANDING ISSUE ON OUR HOME WAS A PORTION OF A WOOD FENCE THAT FACED THE STREET.
UM, THAT WE WERE ADVISED TO GET A PERMIT, WHICH I DID.
UM, AT THAT POINT WE AGAIN ASSUMED ALL WAS WELL.
UM, AFTER BEING FLAGGED AGAIN IN THE FIELD BY THE BUILDING INSPECTOR TEAM, WE RESEARCHED OURSELVES TO GAIN BETTER UNDERSTANDING.
UH, WE WERE THEN TOLD, UH, WE THEN TOLD THE ELITE THAT THE WALL WAS, UM, AT MAXIMUM 12 INCHES TOO HIGH, AND THEY REFUSED TO REMEDY AND TOOK NO RESPONSIBILITY.
THIS WAS THE CONTRACTOR THAT I'M REFERENCING.
THEY CLAIMED TO HAVE DONE EVERYTHING CORRECTLY, AND IF SOMETHING NEEDED TO BE CHANGED, WE WOULD NEED TO PAY FOR THAT OURSELVES.
UM, AFTER MANY ATTEMPTS WITH ELITE, WE WERE FORCED TO CUT TIES WITH THIS CONTRACTOR AND THEY TOOK OUR MONEY AND, AND LEFT.
UM, AND WE'VE HAD AN INCOMPLETE PROJECT SINCE, UH, APRIL OF 2023.
IT WAS NEVER OUR INTENTION, UM, NOT TO OBTAIN PROPER PER PERMITS OR KNOWINGLY VIOLATE ANY CITY CODES.
HAD WE KNOWN WE WOULD HAVE INSTRUCTED ELITE TO CHANGE THE PLAN OR APPLY FOR A VARIANCE.
UM, WE BOTH WORK FULL-TIME AND WE TRUSTED OUR CONTRACTOR WHO CLAIMED THEY HAVE YEARS OF EXPERIENCE WORKING WITH THE CITY OF DALLAS, A THOROUGH UNDERSTANDING OF THE CITY CODE.
AND THEY HAD ALSO PROVIDED US A COPY OF THE STAMPED, UM, APPROVED PLANS.
UM, IN, IN OUR EXPERIENCE WORKING WITH MANY CONTRACTORS, UM, YOU KNOW, THAT'S ALWAYS BEEN THE CASE.
EVERYBODY'S BEEN OPERATING ABOVE, ABOVE BOARD.
UM, IT WAS NOT UNTIL MAY OF THIS YEAR, 2020 TOUR, 2024, UM, THAT WE WERE, WE RECEIVED AN EMAIL FROM THE BUILDING INSPECTOR MANAGER THAT THE BRICK WALL THAT WAS APPROVED BY THE CITY OF DALLAS WAS APPROVED IN ERROR AND THEN MADE US AWARE OF THE BOARD OF ADJUSTMENT PROCESS.
UM, SINCE THEN WE'VE BEEN WORKING WITH, UM, DR. MILLER HOSKINS AND HER TEAM WHO HAVE BEEN EXTREMELY HELPFUL IN PREPARING.
UM, FOR, FOR TODAY, UH, FOR THIS HEARING.
UM, WE'VE ALSO REACHED OUT TO, UM, ALL THE NEIGHBORS, UM, ON OUR BLOCK.
UM, AND, UM, WE RECEIVED SIX LETTERS OF SUPPORT.
I KNOW EARLIER, UM, IT HAD JUST SHOWN FOUR.
WE HAD SUBMITTED TWO AFTER THE INITIAL, UM, SUBMISSION.
ALL WHO HAVE NO OBJECTIONS TO OUR PLANS WHATSOEVER.
I'VE MET WITH EACH OF THEM PERSONALLY.
UM, AND THEY'VE SAID, UH, NOT, NOT ONLY DO THEY NOT HAVE ANY ISSUE WITH THE PLANS, UM, BUT THAT THE PLANS ARE AESTHETICALLY PLEASING.
UM, THEY'RE NOT GOING TO ADVERSELY AFFECT THE NEIGHBORHOOD AND THEY'RE REALLY HAPPY FOR US TO GET THE PROJECT DONE.
UM, AND I KNOW MR. FINNEY, YOU HAD MENTIONED, OR I THINK YOU HAD ASKED A QUESTION EARLIER ABOUT THE NINE FOOT HOLLYS, UM, THOSE, SO WE REACHED A POINT IN THE PROCESS WHERE WE HAD ALREADY PURCHASED THE 17 OF THE HOLLY TREES THAT ARE GONNA GO IN, THAT ARE GONNA GO IN THE FRONT OF THAT WALL THERE TO, UM, MAKE IT MORE AESTHETICALLY PLEASING AND TO KIND OF FIT THE STYLE THAT WE WANTED.
UM, WE JUST PUT THE BRAKES ON EVERYTHING BECAUSE OF THESE ISSUES THAT WE KIND OF WALK THROUGH THE STARTS AND STOPS NOT KNOWING WHAT TO DO AND THEN KNOWING, OF COURSE, WE WERE HAVING THIS HEARING, BUT LIKE I SAID, UM, THOSE HAVE ALL BEEN PURCHASED.
[02:05:01]
A NEW CONTRACTOR IS JUST SITTING ON THOSE.THAT IS THE LAST REMAINING PART OF THE PROCESS.
YOU CAN'T SEE IT FROM THIS PICTURE, BUT INSIDE ALL OF THE OTHER LANDSCAPING IS DONE.
UM, I, I DID WANNA JUST MENTION, I'M SURE, UM, PROBABLY OVER MY FIVE MINUTES NOW.
WELL, WELL, I'LL, BY THE WAY, I THINK WHAT I, WHAT I LIKE TO SAY IS WHY DON'T YOU FINISH YOUR SENTENCE.
SO IT COULD BE A LONG SENTENCE, BUT FINISH YOUR SENTENCE.
UM, UH, WE, WE DO UNDERSTAND, UM, THAT THERE WAS ONE LETTER OF OPPOSITION THAT WAS NOT WITHIN THE 200 FEET, UM, FROM, UM, A BUILDER, MR. MARTIN HAMMER, UM, WHO HAS OBJECTED TO OUR APPEAL.
UM, WE KNOW MR. HAMMER AND WE KNOW THAT HE HAD BUILT FOUR HOMES ALONG, UM, MIDWAY ROAD.
UM, AND, UH, UH, HE HAS A REPUTATION OF KIND OF CLAIMING THAT MIDWAY IS HIS STREET.
UM, AND WE ALSO KNOW FROM A PRIOR INTERACTION WITH HIM THREE YEARS AGO THAT HE IS NOT HAPPY THAT WE CHOSE TO GO WITH ANOTHER BUILDER, HUSS, AND CONTRACTING FOR OUR, UM, PROJECT INSTEAD OF GOING WITH HIM.
UM, THAT IS ALL OF MY PREPARED REMARKS.
I DO HAVE SOME ANSWERS TO A FEW OF THE QUESTIONS, UM, THAT I WAS NOT ABLE TO COVER EARLIER.
WHY, WHY DON'T YOU ALLOW THE SECOND SPEAKER AND THEN WE WILL HAVE QUESTIONS, AND THEN YOU CAN ELABORATE ACCORDING TO WHAT QUESTIONS YOU MAY GET FROM THE BOARD.
WELL, OBVIOUSLY WE, WHY DON'T YOU COME FORWARD TO THE MIC OVER HERE.
AND GIVE YOU, GIVE US YOUR NAME AND ADDRESS.
AND THEN WE'LL HAVE FIVE MINUTES PLUS OR MINUS.
8 3 0 6 MIDWAY ROAD, DALLAS, TEXAS 7 5 2 0 9.
I I WILL NOT TAKE UP FIVE MINUTES BECAUSE OBVIOUSLY WE PREPARED THIS TOGETHER.
UM, THE ONLY THING THAT I WILL ADD, AND YOU MAY HAVE THESE QUESTIONS, THEY PROBABLY WILL COME UP ANYWAY.
IF YOU WERE TO GO A LITTLE FURTHER DOWN MIDWAY, THERE ARE SEVERAL EXAMPLES OF WALLS AND GATES.
UM, WE ARE THE LAST STREET IN BLUFF VIEW ESTATES.
SO THE HOMES ON OUR SIDE OF THE STREET ARE ALL VERY, VERY VARIED.
THERE'S MODERN, THERE'S JUST A LOT OF DIFFERENT TYPES OF HOMES.
ON THE OPPOSITE SIDE OF THE STREET IS A DIFFERENT SUBDIVISION, AND IT'S A DIFFERENT STYLE HOME, MUCH SMALLER LOTS, AND THEY'RE ALL THE SAME.
SO WHEN YOU DRIVE DOWN OUR STREET, IT'S KIND OF, YOU REALLY CAN'T COMPARE ONE SIDE WITH THE OTHER BECAUSE THEY'RE AESTHETICALLY VERY, VERY DIFFERENT.
UM, THE ONLY, THE OTHER THING I WANTED TO MENTION IS WHEN YOU LOOK AT THAT WALL, IT'S VERY UNFINISHED LOOKING.
I'M, I AM A PART-TIME DESIGNER.
DESIGN ANESTHETICS ARE VERY, VERY IMPORTANT TO ME.
UM, WE DID THE BRICK TO MATCH THE BRICK ON THE HOUSE.
WE DID THE COLOR TO MATCH THE COLOR ON THE HOUSE.
THE PEDESTRIAN GATES AND THE ELECTRIC GATES ARE THE SAME COLOR AS THE FRONT, UM, DOOR AND THE GARAGE.
UM, WE HAVE 17, AS MATT MENTIONED.
WE HAVE 17 NINE FOOT HOLLYS THAT WILL BE PLANTED IN FRONT OF IT, ESSENTIALLY OBSCURING THE WALL.
UM, THERE'LL BE LANTERNS ON THE COLUMNS.
IT'S JUST, IT, IT WILL BE AESTHETICALLY PLEASING THAT I CAN, I CAN PROMISE.
UM, AND ALL OF OUR NEIGHBORS, AS MATT SAID, WE HAVE TALKED TO EVERYONE.
THE, SOME OF THE SIGNATURES WE DIDN'T GET.
THEY JUST, IT'S SUMMER AND A LOT OF PEOPLE ARE OUT OF TOWN AND TRAVELING.
BUT, UM, I THINK MOSTLY EVERYONE JUST WANTS IT TO BE FINISHED BECAUSE IT'S BEEN GOING ON FOR A REALLY, REALLY LONG TIME.
THANK YOU VERY MUCH FOR YOUR COMMENTS AND PRESENTATION.
UH, WHAT QUESTIONS DOES THE BOARD HAVE FOR THE APPLICANT? MR. FINNEY? UM, MR. OR MRS. ZUKI? UM, SO HOW INCOMPLETE IS THE PROJECT? AND, AND UNDERSTAND WHY I ASKED THE QUESTION.
AN INCOMPLETE PROJECT, ESPECIALLY AN OUTDOOR PROJECT, IS AN ADVERSE EFFECT ON YOUR NEIGHBORS.
RIGHT? SO THE MORE THOROUGHLY YOU CAN ANSWER THAT, THE BETTER.
SO WE JUST FINISHED ALL OF THE INSIDE LANDSCAPING, UM, WHICH IS BETTER THAN IT WAS.
THE ONLY THING THAT IS UNFINISHED, UM, WE DON'T HAVE THE ELECTRIC TO THE GATES.
WE DON'T HAVE LANTERNS ON, ON THE COLUMNS.
UM, ALSO BY THE WAY, MOST OF THE WALL, ACTUALLY PART OF IT IS FOUR AND A HALF FEET, JUST BECAUSE OF THE SLOPE.
AND THE REST OF IT IS FIVE FEET.
IT'S JUST THE COLUMNS THAT HOLD THE DRIVEWAY GATES THAT GO UP TO SIX FEET.
UM, SO THE MAJORITY OF IT IS LOWER.
CAN THE STAFF MOVE A PICTURE TO WHAT SHE'S SPEAKING TO THE DRIVEWAY GATE? YES.
I'M, I'M TRYING TO FOLLOW, HAVE THE PICTURES FOLLOW WITH YOUR COMMENT? YES.
AND BACK TO MR. FINNEY'S QUESTION.
UM, AND SO SORRY TO GET BACK TO THE QUE AND AND
[02:10:01]
I APOLOGIZE THAT THAT IS MY HAND DRAWING UNFORTUNATELY BECAUSE OF THE RELATIONSHIP WITH THE COMPANY THAT, UM, DID THIS.SO THE COLUMNS THAT YOU'RE TALKING ABOUT ARE ON THE LEFT AND THE RIGHT OF THE DRIVEWAY? NO, NO.
THAT WAS JUST A, A, A LITTLE MISTAKE.
UM, THE COLUMNS ARE THE ONES THAT ARE, UM, RAISED.
YOU CAN SEE 'EM ON EITHER SIDE OF THE DRIVEWAY GATE.
I WAS LOOKING AT THAT AND I WAS THINKING THE RED.
UM, SO NO, NOT, YES, SO EITHER SIDE.
SO THEY JUST COME UP SLIGHTLY BECAUSE WE'RE GONNA HAVE, UM, LIGHTS ON THE FRONT OF THEM AND OUR HOUSE NUMBER.
UM, AND TO FINISH ANSWERING YOUR QUESTION ABOUT WHAT ELSE NEEDS TO BE COMPLETED, UM, WE HAVE SOME MORE GRAVEL, EVEN THOUGH THAT'S CLOSE TO THE PROPERTY LINE IN FRONT OF THAT, THERE IS A, UM, IT'S, IT'S, IT'S A LARGE NOT SETBACK.
THERE'S A LARGE AREA PER PARKING PER PAR OH YEAH.
SO WE HAVE TO FINISH THAT GRAVEL THAT HAS TO GO OVER TO THE RIGHT A LITTLE BIT MORE, AND THEN THE TREES HAVE TO BE PLANTED.
AND THEN THAT'S PRETTY MUCH IT, IT SHOULD BE DONE.
AND SO WHAT, FORGIVE ME IF THIS HAS BEEN STATED ALREADY.
WHAT IS, UH, WHAT IS, WHAT IS STOPPING YOU GUYS FROM FINISHING THIS? IT, WE DIDN'T, WE DIDN'T WANT TO.
SO, SO AT ONE POINT WHEN WE THOUGHT WE WERE GOOD, WHEN MATT WENT TO THE PERMIT OFFICE, WE HAD, WE HAVE A NEW CONTRACTOR AND THEY STARTED WORKING ON IT, AND THEN A FIELD INSPECTOR CAME BY AND PUT A BIG, BIG RED STICKER.
AND THAT'S WHEN WE LEARNED ABOUT WHAT WE NEEDED TO DO NEXT.
SO WE JUST, WE ARE, WE ARE RULE FOLLOWERS, AND THE MINUTE WE FOUND THAT OUT, WE JUST DIDN'T WANNA DO ANOTHER THING.
AND IF WE WERE TO PLANT ALL THOSE TREES IN FRONT OF THE WALL, THEN WE'D HAVE TO TAKE THEM OUT.
SO WE JUST WANTED TO WAIT UNTIL WE HAD THE OFFICIAL APPROVAL.
AND, AND JUST TO BE CLEAR, DOES THAT SHUT EVERYTHING DOWN OR DOES THAT SHUT JUST THIS FENCE? JUST THE ITEMS RELATED.
SO THE, THE DRIVEWAY GATES ARE STILL, THEY'RE WOOD AND THEY'RE PAINTED, LIKE I SAID, THE SAME COLOR AS THE DOOR.
AND THE PEDESTRIAN GATE IS, IS UNCOVERED.
SO IT'LL, AND THE, AND, AND IN ADDITION TO THE, UM, TREES, THERE'S GOING TO BE SOME PLANTS KIND OF AT THE BOTTOM OF THE TREES, JUST A, A AS A BUFFER.
SO IT, IT'S, YOU KNOW, THAT'S JUST AN, THAT'S VERY INCOMPLETE, OBVIOUSLY.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR. BROOKS? REMIND ME, HOLLY TREES ARE EVERGREEN.
SO THEY'RE NELLY STEVENS, HOLLYS, THEY'RE EVERGREEN.
THEY ARE COMPLETELY, THEY, THEY, YOU CAN DO IT TWO WAYS.
YOU CAN KIND OF MAKE THEM GROW TOGETHER LIKE A BUSH, OR YOU CAN KEEP THEM A LITTLE SEPARATE, BUT YOU CAN'T SEE THROUGH THEM.
UN UNLIKE THE EAGLETON HOLLYS, WHICH ARE OPEN ON THE BOTTOM, THESE ARE RIGHT, RIGHT TO THE, WHERE THEY'RE PLANTED.
SO I JUST, YOU SAID THE WALL WOULD BE OBSCURED? YEAH, THAT'S SORT OF WHAT I THOUGHT, BUT YEAH, THAT, THAT VISUAL HELPS.
SO YOU'RE GONNA, YOUR PLANNED, YOUR DRAWING HERE THAT YOU PROVIDED US IS TO PUT THESE HOLLY BUSHES, RIGHT? IT SAYS NINE FOOT HOLLY, HOLLY TREES PLAN PLANTED ALONG THE LENGTH OF THE WALL.
HOW FAR IS IT BETWEEN THE, THE, THE CITIES, YOUR PROPERTY LINE AND THE FENCE? IS THERE AMPLE SPACE THERE BETWEEN WHERE THE ROAD IS AND THE HOLLY TREES? SO WHERE THE TO BE PLANTED? HOLLY TREES ARE, I'M GONNA LET YOU HANDLE THIS ONE BECAUSE YEAH.
AND, AND IS, IS THAT CITY RIGHT OF WAY THAT YOU'RE PLANTING THE TREES ON THAT YOU'RE AT RISK OF, IF THE CITY HAD TO COME DO SOMETHING? I JUST WANNA MAKE SURE YOU'RE AWARE OF THAT.
YEAH, SO THAT YEAH, WE DID, WE DID MAKE SURE OF THAT WITH THE CITY ON OUR OWN, ON OUR OWN.
THE, UM, WATER ACCESS IS INSIDE, RIGHT? IT'S, IS, IS OUTSIDE OF THAT AREA.
AND THE WAY THAT THEY DESIGNED IT IS, I THINK THE WALL LIKE LEAVES, IT'S LIKE LEAVES, I DON'T KNOW, FIVE, SIX INCHES, SEVEN INCHES.
AND THEN THERE'S A BED RIGHT IN FRONT OF THE WALL WHERE THOSE, THOSE PLANTS WILL GO.
AND EVEN THAT PARKING AREA, MIDWAY'S INTERESTING BECAUSE WE DON'T HAVE SIDEWALKS AND WE HAVE, UM, WE, WE DON'T HAVE CURBS.
SO A LOT OF PEOPLE DO THOSE PARKING AREAS THAT I GUESS TECHNICALLY ISN'T OUR PROPERTY, BUT EVERYONE ON THE ROAD HAS THEM.
SO WE TRY AND MAKE THEM LOOK NICE.
AND SO IF SOMEONE HAS TO PARK IN FRONT OF YOUR HOUSE, THEY'RE NOT STICKING OUT.
SO WHAT IN FRONT OF THE BOARD TODAY IS TO, FIRST IS TWO REQUESTS.
ONE IS THE FENCE HEIGHT, THE OTHER IS OPACITY.
[02:15:01]
NOR ARE WE MAKING A JUDGMENT ON THE LOCATION OF SHRUBBERY IN FRONT OF THE FENCE.THAT'S, WE'RE NOT MAKING A JUDGMENT ON WHERE THE LOCATION OF THAT IS.
WE'RE ONLY DOING THE LOCATION OF THE FENCE, THE HEIGHT OF THE FENCE IN THE OPACITY OF THE FENCE.
WOULD YOU SAY THAT ON THE RECORD? I JUST WANNA MAKE SURE I, I HEAR YOUR PLANS AND THAT, THAT FEEDS INTO NOT ADVERSE TO THE NEIGHBORHOOD, BUT I, BUT OUR JUDGMENT REALLY IS THE HEIGHT AND THE OPACITY.
AND IF I, I JUST, THAT JUST SEEMS AWFUL CLOSE TO THAT STREET.
SO WELL, WELL, IT'S ABOUT FROM THE WALL TO THE END OF THE GRAVEL IS ABOUT, I WANNA SAY 12 FEET, IF NOT A LITTLE BIT MORE.
UM, YOU CAN ACTUALLY, IT'S HARD TO TELL, BUT YOU COULD ACTUALLY PARK A CAR HEAD IN THERE.
THAT'S NOT, YEAH, THAT'S HOW BIG IT IS.
UM, WE DECIDED NOT TO DO THAT.
AND, AND JUST ONE MORE QUICK THING.
THE ONLY REASON I EVEN BRING UP THE LANDSCAPING, I KNOW THAT ISN'T PART OF WHAT YOU ALL DO, IS WELL JUST WANT, WELL, WE DO, WE DO.
WHEN, WHEN THE CODE CALLS FOR A CERTAIN LEVEL OF LANDSCAPING.
IF SOMEONE WANTS TO DO DIFFERENT OH, OKAY.
THE COAT DOES NOT CALL FOR IT HERE.
I JUST WANTED YOU TO HAVE A PICTURE OF WHAT THE FINISHED PRODUCT WILL LOOK LIKE.
WELL, THAT GOES TO THE OTHER, THE CRITERIA WE HAVE ABOUT NON-AD ADVERSE TO AFFECTING NEIGHBORING PROPERTIES.
ANY OTHER QUESTIONS FOR THE APPLICANT? MR. FINNEY, PLEASE.
UM, SO I LOVE THAT YOU, UH, ENGAGE WITH YOUR NEIGHBORS.
OBVIOUSLY Y'ALL BEEN LISTENING TO THE HEARING, YOU KNOW, HOW IMPORTANT THAT IS TO THIS PROCESS.
UM, SO OF THE 25 PEOPLE ON YOUR NOTIFICATION LIST, I'M CURIOUS, HOW MANY OF THEM DID YOU ACTUALLY ENGAGE WITH? SO THE WAY WE'RE A HALF ACRE LOT, SO WE ACTUALLY THOUGHT WE HIT EVERY NEIGHBOR WITHIN 200 FEET.
UM, SO I GUESS THEY INCLUDED BEHIND US, WHICH IS ACTUALLY, SO FAR IT'S ON THE MAIN, I DON'T KNOW IF YOU'RE FAMILIAR, THERE'S MAIN MIDWAY THAT TURNS INTO BLUE BONNET, AND THEN THERE'S LITTLE MIDWAY AND WE'RE ON LITTLE MIDWAY.
SO THOSE HOUSES ARE JUST NOT IN OUR NEIGHBORHOOD.
IT'S, I DON'T, I'M, I'M NOT SURE HOW TO, LIKE, IF YOU LOOK AT THAT, YOU SEE THAT WHERE THEIR LOT LINE MEETS OUR LOT LINE, THAT'S THE BACK OF THEIR HALF ACRE LOT.
SO THEY'RE OVER AN ACRE AWAY FROM US, THE FRONT OF THEIR HOUSE.
IF THAT MAKES ANY SENSE AT ALL.
IF I CAN JUST ADD, AND I KNOW IT'S A LITTLE HARD TO SEE HERE, BUT IF YOU, BY CHANCE YOU MIGHT BE FAMILIAR WITH THE AREA, THE, UM, ALONG OUR BACK PROPERTY LINE, I GUESS THOSE ONE PEOPLE, 4, 5, 6, MAYBE SEVEN OR EIGHT ADDITIONAL TO THE FAR RIGHT, WHICH IT WOULD BE ON THIS, THAT'S BLUE BONNET.
UM, OR IT TURNS INTO BLUE BONNET.
IT'S A COMPLETELY DIFFERENT ROAD LIKE YOU WOULD LIKE.
SO WE, IT NEVER HIT US UNTIL THIS MORNING WHEN YOU SAID, I THINK 25 THAT WERE, WE JUST LOOKED AT, UM, THE BLUE DOSS THERE, OUR NEIGHBORS ON THE LEFT TO THE RIGHT IN FRONT OF US.
ANYONE THAT WOULD BE DRIVING, YOU KNOW, ANYONE THAT WOULD BE RESIDING ON THAT BLOCK THAT, YOU KNOW, WOULD SEE WHAT WE'RE DOING.
THAT'S WHAT WE KIND OF TARGETED.
SO FOR YOUR EDIFICATION AND FOR THE PUBLIC THAT MAY OR MAY NOT BE LISTENING, THE TEXAS STATUTE THAT CREATES THE BOARD OF ADJUSTMENT IN EVERY MUNICIPALITY IN THE STATE OF TEXAS SAYS THAT PRIOR TO A PUBLIC HEARING FOR A BOARD OF ADJUSTMENT VARIANCE, SPECIAL EXCEPTION APPEAL OF A BUILDING, BUILDING OFFICIAL DEAL THAT WE MUST NOTIFY PROPERTY OWNERS WITHIN 200 FEET.
IT DOESN'T SAY WHAT WE DO WITH THAT INFORMATION.
IT JUST SAYS THE, THE, THE CITY STAFF WILL NOTIFY PROPERTY ORDERS WITHIN 200 FEET.
SO OUR PROCESS IS THE STAFF SENDS LETTERS OUT, NOTIFIES THEM OF A PENDING CASE, AND THEN LE AND IT'S, THEN IT LEAVES IT UP TO THE BOARD TO DETERMINE WHAT TO DO WITH THE FEEDBACK THAT COMES CASE BY CASE BASIS.
THE CRITERIA HERE IS MUCH MORE, AND I DON'T KNOW WHY I'M MUCH MORE TO THE WEST AS OPPOSED TO THE EAST, BECAUSE THAT'S THE FRONTAGE ON THE ROAD RIGHT NOW.
WE DON'T IGNORE FEEDBACK TO THE EAST, BUT THEIR, THEIR INTEREST IN WHAT IS GOING ON, ON, ON THE FRONT OF MIDWAY IS FAR LESS THAN THOSE THAT FRONT IT.
THE STATE STATUTE SAYS 200 FEET THAT THE STAFF NOTIFIES.
WE ALWAYS LOOK AT THAT AS THE, THE PRIMARY FOCUS, BUT NOT THE EXCLUSIVE FOCUS.
[02:20:01]
RIGHT.SO, SO YOU WENT THROUGH THE PROCESS.
YOU SHOULD, AND THAT'S THE SAME THING.
WE'RE TRYING TO GO THROUGH OUR PROCESS.
AND, AND IT'S PROBABLY ON US THAT WE ACTUALLY THOUGHT WE CONTACTED EVERYBODY WITHIN 200 FEET.
WELL, BUT WE DIDN'T, I THINK YOU DID A I THINK YOU DID A WELL DESERVING PROCESS.
I DON'T WANNA GET, WE'LL WAIT AND SEE HOW THE BACON GETS COOKED HERE IN A MINUTES.
I DON'T WANNA GET IN TROUBLE BECAUSE THAT WAS MY JOKE.
WE'LL WAIT AND SEE HOW THE BACON'S COOKED HERE IN A MINUTE, BUT I THINK YOU'RE GONNA DO FINE.
ANY OTHER, ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, THE CHAIR WOULD WOULD CALL FOR A MOTION.
MR. NARY, THANK YOU MR. CHAIRMAN.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH NINE TWO ON APPLICATION OF MATTHEW HICKEY 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 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 ARE REQUIRED IN THE MATTER BDA 2 3 4 0 92 ON THE APPLICATION.
MR. HICKEY, UH, MR HAS MADE A MOTION TO GRANT THE REQUEST FOR A SIX FOOT HIGH SPECIAL EXCEPTION.
IS THERE A SECOND TO THE MOTION? A SECOND.
IT'S BEEN SECONDED BY MR. HAKO, MR. NARY DISCUSSION ON THE MOTION.
UH, YEAH, I THINK YOU GUYS HAVE, UH, DEMONSTRATED YOUR GOOD FAITH.
YOU'VE, YOU'VE DONE YOUR DUE DILIGENCE AS FAR AS I'M CONCERNED.
UM, I'M SORRY THAT THE PERMIT, THE PERMIT TO CONSTRUCT THE ORIGI, THE SP WAS GIVEN TO YOU IN ERROR.
UM, BELIEVE IT OR NOT, THIS IS NOT THE FIRST TIME SUCH AN ERROR HAS HAPPENED.
UM, SO WE DO UNDERSTAND THAT THOSE THINGS DO OCCUR.
UM, I DO, UH, REALLY LIKE THE FACT THAT YOU'RE PUTTING THE 17 HOLLY R STEVENS IN FRONT OF THE FENCE.
I MEAN, I THINK THAT'S JUST GONNA REALLY BE QUITE PLEASING.
UM, AND THAT'S THE REASON I'M SUPPORTING IT.
THANK YOU MR. NERI, MR. HAITZ DISCUSSION AND THE MOTION, UM, YOUR, YOUR DILIGENCE IN OVER A COUPLE OF YEARS ON THIS IS REALLY, UM, WORTHY OF, OF, OF MAKING NOTE OF.
UM, AND YOU'RE CAME HERE AS WELL PREPARED AS ANYONE SINCE I'VE BEEN ON THIS BOARD, SO WE APPRECIATE THAT.
AND, UM, THANK YOU DISCUSSION ON THE MOTION.
MY COMMENT IS I'LL BE SUPPORTING THE, UH, UH, THE REQUEST FOR THE BACON.
UM, I, I I'M HOPEFUL THAT THOSE TREES YOU PUT IN SURVIVE THE ADJACENCY TO THE STREET, BUT THAT'S OUTSIDE OUR PURVIEW BECAUSE I THINK THE FENCE ON ITS OWN IS KIND OF STERILE.
AND AT FIRST, WHEN I READ ALL MY BRIEFING SEVEN DAYS AGO, I WENT, OOH.
BUT AS I HEAR WHAT YOU'RE DOING AND THAT SORT OF THING, I AND THE, THE, THE SUPPORT THAT YOU HAVE, I'M, I'M PERSUADED.
I JUST HOPE THOSE TREES MAKE IT SO, HEY, COME DRIVE BY IN ABOUT 90 DAYS.
UH, ANY OTHER DISCUSSION IN THE MOTION HEARING? NO OTHER DISCUSSION? UH, THE BOARD SECRETARY WILL CALL THE MOTION.
THIS MOTION TWO THREE FOUR OH NINE TWO IS A MOTION TO GRANT.
SIX FOOT HIGH SPECIAL EXCEPTION.
MOTION TO GRANT PASSES FIVE TO ZERO.
THE BOARD UNANIMOUSLY GRANTS THE REQUEST FOR SIX FOOT UNANIMOUSLY BY FIVE TO ZERO VOTE.
GRANTS THE REQUEST FOR A SIX FOOT HIGH SPECIAL EXCEPTION FOR THE HEIGHT.
MR. NER SECOND MOTION? YES, MR. CHAIRMAN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 34 DASH 0 9 2 ON APPLICATION OF MATTHEW HICKEY.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN, UH, FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT PROPERTY 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.
THAT COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BDA 2 3 4 0 9 2.
MR HAS MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR FENCE PANELS
[02:25:01]
LESS THAN 50% OPACITY, UM, IN THE, IN THE FIVE FOOT FRONT YARD LOT.UH, IS THERE A SECOND TO THE MOTION? I, ANDREW FINNEY? SECOND.
SECOND, UH, MR. FINNEY SECOND OF THE MOTION.
MR. NRE? UH, THANK YOU MR. CHAIRMAN.
AS STATED BEFORE, UM, THIS PARTICULAR FENCE WAS, UH, PERMITTED IN ERROR BY THE CITY.
UM, I DON'T FEEL THAT THE APPLICANT SHOULD HAVE TO TEAR THAT DOWN.
UM, AS I'VE STATED BEFORE, UM, I THINK THE, UH, ADDITION TO THE, OF THE HOLLY R STEVENS IN FRONT OF THE WALL IS GONNA VIRTUALLY RENDER IT INVISIBLE ANYWAY.
I HAVE NINE OR 10 FOOT HIGH HOLLY R STEVENS AND MY FRONT YARD IS A HEDGE.
AND, UH, THEY JUST REQUIRE SOME GOOD WATERING INITIALLY TO GET THE ROOT STRUCTURE GOING AND THEN YOU BARELY HAVE TO WATER 'EM AFTER A COUPLE OF YEARS.
SO THANK YOU MR. N MR. FINNEY DISCUSSION ON THE MOTION.
UM, I ECHO, UM, THE SENTIMENTS OF MY COLLEAGUES.
UM, AND I, I I THINK THAT THE, UH, THE HICKEYS HAVE GONE OUT OF THEIR WAY TO, UH, MAKE LEMONADE OUT OF LEMONS THAT THEY WERE GIVEN.
AND, UM, UH, GOOD LUCK TO YOU.
ANY OTHER DISCUSSION ON THE MOTION HEARING? NO DISCUSSION.
THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES THE GRANT FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 0 92.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO GRANTS THE REQUEST OF THE APPLICANT FOR SPECIAL EXCEPTION.
FOR OFFENSE HAVING LESS THAN 50% OPEN SURFACE AREA, YOU'LL BE GETTING LETTERS FROM OUR BOARD ADMINISTRATOR.
THANK YOU ALL FOR, FOR YOUR TIME.
WE APPRECI YOU TRYING TO FOLLOW THE RULES.
THAT IS THE LAST ITEM ON OUR AGENDA FOR TODAY.
OUR NEXT BOARD OF ADJUSTMENT PANEL A MEETING IS TUES, OUR BOARD MEMBERS.
OUR NEXT PANEL, A BOARD OF ADJUSTMENT PANEL MEETING IS TUESDAY, AUGUST 20TH AT 10:00 AM HERE IN SIXES.
WE HAVE, UH, 1, 2, 3, 4, 5, 6 CASES FOR THE BOARD THAT'S ON OUR DOCKET.
UH, IF HEARING NO OTHER ITEMS ON THE AGENDA, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. CHAIRMAN, I MOVE THAT WE ADJOURN.
THOSE OPPOSED? IT IS 3:27 PM ON THE SIX 16TH OF JULY.
UH, THE BOARD OF ADJUSTMENT PANEL A IS HEREBY ADJOURNED.