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[Board of Adjustments: Panel A on August 20, 2024.]
THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF THIS PANEL A.TODAY IS TUESDAY, AUGUST 20TH, 2024 WITH THE TIME OF 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR OUR PUBLIC HEARING FOR BOTH IN-PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM OF FIVE OF OUR FIVE PANEL MEMBERS IS PRESENT.
WE HAVE ONE ONLINE WITH US AND FOUR HERE PRESENT AT CITY HALL.
AND SO THEREFORE, WE CAN PROCEED WITH THE, UH, UM, MEETING.
UH, PLEASE ALLOW ME TO INTRODUCE THE PANEL MEMBERS AND STAFF THAT ARE WITH US TODAY.
AGAIN, MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER FOR TODAY'S HEARING.
PANEL A TO MY LEFT IS NICK BROOKS, RACHEL HAYDEN, AND MICHAEL OVITZ.
ONLINE WITH US IS JAY, JAY MARY, OUR STAFF PRESIDENT.
TO MY IMMEDIATE RIGHT IS MATT SAP, WHO'S OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY BRYANT THOMPSON, WHO'S THE SENIOR PLANNER AND ACTING BOARD ADMINISTRATOR TODAY.
UH, UM, CAMBRIA JORDAN, SENIOR PLANNER, DIANA BARUM, DEVELOPMENT CODE SPECIALIST PROJECT COORDINATOR.
UM, SARAH AND TE BERRY, I APOLOGIZE.
SENIOR PLANS EXAMINER AND NORA HASA, SENIOR PLANNERS EXAMINER.
UM, IN ADDITION, OUR BOARD SECRETARY MARY WILLIAMS. MARY, COULD YOU RAISE YOUR HAND FOR A SECOND, UH, BOARD SECRETARY MEETING.
MODERATOR WITH US ALSO IS, UH, PHIL IRWIN, OUR ARBORIST, UM, AND, UH, SUBSEQUENTLY JASON POOLE, DEVELOPMENT SERVICES ADMINISTRATOR.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
UM, EACH USE IS PRESUMED TO BE A LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THIS HEARING.
THAT WAS THIS MORNING AT 10:00 AM AND I'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED ON OUR WEBSITE SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON THESE CASES THAT WE'LL HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY, WOULD YOU RAISE YOUR HAND AGAIN, MS. MARY MARY WILLIAMS, WHEN YOUR CASE IS CALLED, THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRE 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
DECISIONS THAT WE MAKE THAT ANY BOARD OF ADJUSTMENT PANEL MAKES ON A CASE REQUIRE FOUR AFFIRMATIVE VOTES.
WE HAVE FOUR MEMBERS HERE AND ONE MEMBER ONLINE.
SO FOUR OF THE FIVE HAVE TO VOTE IN THE AFFIRMATIVE TO REVERSE A BUILDING OFFICIAL DECISION OR TO GRANT A VARIANCE OR TO GRANT A SPECIAL EXCEPTION.
ALL THEIR MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
SO A REQUEST TO HOLD THE CASE OVER JUST REQUIRES MAJORITY VOTE OF THE BOARD MEMBERS PRESENT.
UM, LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
IF YOU'RE HERE IN THE ROOM AT CITY HALL, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER IF YOU WANT TO SPEAK DURING THE PUBLIC TESTIMONY SECTION, OR YOU WANNA SPEAK DURING A SPECIFIC CASE.
SO IF ANYONE IN THE ROOM WANTS TO SPEAK EITHER DURING PUBLIC TESTIMONY, WHICH WILL HANDLE NEXT OR DURING A SPECIFIC CASE, YOU NEED TO FILL OUT ONE OF THESE BLUE SHEETS OF PAPER.
OTHERWISE YOU WON'T BE CALLED.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, OR WHEN THE CASE IS CALLED FOR THE PUBLIC HEARING, THE MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON THE VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX ALL COM.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER.
THAT'S MYSELF, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
THOSE ARE THE BASICS OF THE RULES AND PROCEDURE FOR TODAY AND ALL OF OUR HEARINGS.
UM, THE NEXT ITEM FOR OUR AGENDA, WELL, I'D LIKE TO FIRST OF ALL PREVIEW THE AGENDA FOR THE BOARD TODAY.
UH, WE HAVE PUBLIC TESTIMONY, UM, AND THEN WE HAVE THE MEETING MINUTES, AND THEN WE HAVE SIX CASES ON OUR DOCKET TODAY.
UM, TWO THAT WE'RE ON THE UNCONTESTED, ONE THAT'S GONNA BE KEPT UNCONTESTED.
ONE, UH, TWO HOLDOVERS AND THEN THREE INDIVIDUAL ITEMS, SIX CASES ON OUR DOCKET.
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QUESTIONS ABOUT THE AGENDA? OKAY.THE NEXT ITEM, THE AGENDA IS OUR PUBLIC TESTIMONY.
MR. MS. BOARD SECRETARY, DO WE HAVE SPEAKERS? MR. CHAIR, MAY I HAVE JUST ONE MOMENT? I NEED TO FIND OUT THE, UM, TRANSLATOR FOR ONE OF THE CASES.
MR. CHAIRMAN, THIS TIME ALL WE'RE DOING IS PUBLIC TESTIMONY.
I NEED SOME TECHNICAL ASSISTANCE FOR MARY.
WHAT'S THAT? I NEED SOME TECHNICAL ASSISTANCE YOU NEED.
OKAY, ONE SECOND, THEN WE'LL WAIT.
SO, UM, MS. WILLIAMS, UH, MR. HAVI NEEDS SOME TECHNICAL ASSISTANCE TO GET HIM ONLINE OR WHAT? OH, TO, TO, OKAY.
THANK YOU MR. THOMPSON FOR NUDGING ME ON THAT.
CERTAINLY I WHAT'S THAT? SO WE'RE GONNA HOLD FOR ONE SECOND FOR TECHNOLOGY.
ALRIGHT, SO WE'VE FINISHED OUR INTRODUCTORY COMMENTS.
UM, WE ARE AT, UH, PUBLIC TESTIMONY.
NOW THE BOARD ENCOURAGES TE PUBLIC TESTIMONY, BUT YOU HAVE TO SIGN UP IN ADVANCE.
SO, OR SIGN UP ON THE DAY OF IF YOU'RE HERE, PRESENT THIS BOARD.
SECRETARY, WHAT SPEAKERS DO WE HAVE FOR PUBLIC TESTIMONY? WOULD YOU LIKE IN PERSON FIRST OR LET'S DO IN PERSON FIRST.
SO THE PUBLIC TESTIMONY IS THREE MINUTES AND YOU MAY SPEAK ON ANYTHING THAT'S ON THE AGENDA FOR THE BOARD TODAY, BUT YOU HAVE THREE MINUTES AND YOU CAN SPEAK ALSO DURING A CASE.
BUT FOR PUBLIC TESTIMONY, IT'S THREE MINUTES.
SO IF YOU JUST GIVE US YOUR NAME AND ADDRESS AND THEN YOU CAN PROCEED.
MR. CHAIR HERE? YEAH, WE CANNOT HEAR HIM LINE.
IF HE COULD MOVE A LITTLE CLOSER TO THE MIC.
IS YOUR MICROPHONE LIGHT ON? NO, IT'S NOT.
SO, SO NOW YOU MAY START OVER.
IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN, THEN YOUR THREE MINUTES, WE'LL START.
MY NAME'S CLAY STAPP, 44 42 BONHAM, DALLAS, TEXAS.
HEY, WHY ARE WE HERE TODAY? I'M HERE HERE TO PROTECT MR. MAGNI AND HIS INTERESTS, UM, IN BEING ABLE TO BUILD A DUPLEX THAT HE WAS PERMITTED BY THE CITY OF DALLAS.
YOU GUYS ARE HERE TO HOPEFULLY MAKE THE RIGHT DECISION.
UM, THIS IS A CASE WHERE THE CITY HAS GOT TO DO THE RIGHT THING.
THEY DID THE WRONG THING BY PUTTING A STOP WORK ORDER OUT AND STOP AND, UH, CONSTRUCTION.
NOW YOU GUYS HAVE THE OPPORTUNITY TO DO THE RIGHT THING AND MAKE THINGS RIGHT FOR MR. ANI.
IF HE'S REQUIRED TO STOP, THAT'S A CATASTROPHIC, UM, IMPACT ON HIS BUSINESS AND WE WILL END HIS BUSINESS.
SO, YOU KNOW, I'M HOPING YOU GUYS WILL DO THE RIGHT THING AND ALLOW HIM TO CONTINUE WORKING.
YOU KNOW, YOU'RE GONNA HEAR FROM THE CITY ATTORNEY THAT THEY HAVE THE ABILITY TO PUT A STOP WORK ORDER OUT THERE.
AND WHILE THAT MAY BE RIGHT, THAT DOESN'T MEAN IT'S THE RIGHT THING TO DO, AND THAT'S WHAT Y'ALL ARE HERE TO DO TO HELP HIM OUT ON THAT.
LOOK, THE PUNISHMENT THAT HE'S RECEIVING FOR A CRIME HE DIDN'T COMMIT DOESN'T EVEN MATCH.
IF YOU'RE GONNA ASK HIM TO TEAR DOWN A BUILDING THAT'S ALREADY CONSTRUCTED FOR BEING ONE FOOT ABOVE THE MAXIMUM HEIGHT
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OR HAVING 45% LOT COVERAGE INSTEAD OF 40% LOT COVERAGE, UM, HOW DOES THAT PUNISHMENT FIT THE CRIME? WE'RE TALKING ABOUT 300 SQUARE FOOT ON A 6,000 SQUARE FOOT LOT.SO YOU'RE GONNA PUT A MAN OUT OF BUSINESS, UM, BECAUSE THE CITY MADE A MISTAKE, IT JUST DOESN'T MATCH UP.
SO I HOPE YOU GUYS WILL DO THE RIGHT THING AND REVOKE THE C'S DECISION TO PUT A STOP WORK ORDER ON 68 0 1 TYREE.
MS. WILLIAMS. ANY OTHERS HERE IN PERSON? MR. ZACH THOMPSON? GOOD AFTERNOON, SIR.
IF YOU'D GIVE US YOUR NAME AND ADDRESS, THEN YOU HAVE THREE MINUTES TO ADDRESS THE BOARD.
ZACH THOMPSON, 47 15 WEST UNIVERSITY, DALLAS, TEXAS 7 5 2 0 9 ELM TICKET NORTH PARK.
FIRST OF ALL, THE CITY OF DALLAS DID THE RIGHT THING BY THE STOP ORDER ON TYREE STREET, 68 0 1 TYREE STREET.
LET'S BE VERY CLEAR, WHAT WAS DONE RIGHT WAS THE REZONING OF PD 67.
SO, AS A LIFELONG RESIDENT BORN AND RAISED IN EL NORTHPORT, I SUPPORT THE CITY OF DALLAS ATTORNEY'S OPINION THAT THIS STRUCTURE SHOULD BE REDONE AS A BUILDER IN ANOTHER CITY, YOU HAVE TO TAKE ON RESPONSIBILITY.
THE CITY OF DALLAS TAKES ON THE RESPONSIBILITY FOR ISSUING THE PERMIT WRONGLY.
THE BUILDER NEEDS TO TAKE RESPONSIBILITY AND TEAR THE HOUSE DOWN.
WE HAVE FOUGHT LONG AND HARD IN ELM DICK NORTH PARK TO MAINTAIN A HISTORIC DISTRICT.
I WAS VERY FORTUNATE TO BE LIVING IN THE LOVE FIELD AREA WHEN WE WERE MOVED FROM THAT LOVE FIELD PROPERTY INTO ELM DICK NORTH PART.
AND I REFUSE TO ACCEPT IN 2024 THAT THE CITY OF DALLAS IS STILL OPPRESSING US IN DIG AT NORTH PARK BY ALLOWING, UH, THIS BUILDING TO GO ON.
SO WE APPEALED TO THE BOARD OF ADJUSTMENTS TO MAKE THE RIGHT DECISION.
THE RIGHT DECISION WAS MADE BY THE PLANNING COMMISSION.
IT WAS MADE BY THE CITY COUNCIL AND THE RESIDENTS OF NORTH PARK ELM THICKETT, HISTORICALLY AFRICAN AMERICAN NEIGHBORHOOD SUPPORT THAT THIS BUILDER, HE WON'T GO BANKRUPT, HE JUST HAVE TO GO AND START OVER FROM THIS CRACK.
NEXT SPEAKER, MS. WILLIAMS. MR. RAMLEE.
IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN YOU HAVE THREE MINUTES TO ADDRESS THE BOARD.
I'M THE OWNER OF, UH, 67 14 TYREE STREET.
UM, JUST A FEW, FEW HOUSES DOWN FROM THIS GENTLEMAN RIGHT HERE.
UM, SO THE SITUATION, A MINUTES THAT, UH, I I WENT THROUGH WHAT HE WENT THROUGH, UH, I SUBMITTED THE PLANS AND THEN, UH, I WAS BEING ASKED TO CUT DOWN ON MY ROOF.
UH, LUCKILY I WAS ONLY DEALING WITH A SINGLE FAMILY.
UM, SO THAT'S THE SITUATION I'M IN.
AND I UNDERSTAND HIS SITUATION WHERE, UH, SOMETHING LIKE THIS WOULD HAVE A FINANCIAL IMPACT, A NEGATIVE FINANCIAL IMPACT.
UH, I ALSO HAVE A FRIEND WHO'S IN THE SAME SITUATION AS THE GENTLEMAN HERE AND HE BOUGHT IT.
HE BOUGHT THE PIECE OF LAND PERMITTED, UM, IT WAS APPROVED AND HE WENT ON AND PROCEED WITH CONSTRUCTION, WENT THROUGH BUILDING, UH, INSPECTOR CAME OUT, ZONING INSPECTOR CAME OUT.
THEY DIDN'T SAY ANYTHING ABOUT, UH, SETTING REBARS AND ET CETERA.
SO HE PULLED HIS FORM AND THEN HE WENT ON AND STARTED FRAMING, UH, ABOUT 80% OF THE FRAMING STATUS.
NOW THIS GENTLEMAN RIGHT HERE IS TRYING TO BUILD A HOME FOR HIS FAMILY TO MOVE DOWN HERE.
WE'RE BOTH FROM BOSTON, WE'RE FRIENDS.
SO I UNDERSTAND THE SITUATION HE'S IN.
UM, EVERY MONTH THAT HE'S SITTING ON THIS PROJECT, THE BANK IS, HE'S, HE HAS TO PAY INTEREST ON THIS LOAN THAT HE, HE'S TAKING.
I'M, I'M CONSIDERING THAT HE'S TAKING ON A LOAN.
SO REALLY I DON'T THINK A LOT OF PEOPLE SEE, YOU KNOW, THE NEGATIVE IMPACT ON HIM AND MY OTHER PARTNER OR SOME OF THE OTHER BUILDERS IN THE AREA.
IT'S, THEY ALL CAN GO BANKRUPT IN THIS SITUATION.
SO I WOULD HOPE THE, THE BOARD WOULD TRY TO UNDERSTAND FOR THEM WHERE THEY, WHERE THEY'RE AT RIGHT NOW.
I'M, I'M PRETTY SURE HE CAN'T SLEEP AT NIGHT.
WOULD YOU GIVE ME YOUR ADDRESS AGAIN PLEASE? UH, 67 14 TYREE STREET.
WERE YOU IN THE BUT THAT'S OUTSIDE OF THE 200.
UH, I MEAN, WE'RE GLAD YOU'RE HERE.
ANYONE COULD IS, IS CAN SPEAK TO THE BOARD.
I'M JUST LOOKING ON THE, ON THE MAP HERE.
6 7 1 4 IS OUTSIDE OF THE 200 FEET.
SO YOU DIDN'T GET A NOTIFICATION LETTER? NO, I DIDN'T GET A NOTIFICATION LETTER.
THANK YOU VERY MUCH FOR YOUR COMMENTS, MS. BOARD SECRETARY, OUR NEXT SPEAKER HERE, MR.
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GA PARIS.I ALSO HAVE SOME HANDOUTS TO THE PROVIDE.
SO LET ME DO BOTH THE
MR. CHAIRMAN, I WOULD ASK THE GENTLEMAN PROVIDED WITH THE MICROPHONE THAT WE COULD HEAR HIM WITH NO
WE'RE GONNA MAKE SURE THAT THE MICROPHONE'S AVAILABLE TO YOU, SIR, SO THAT IT'S EASY.
OR MARY, COULD YOU DO THAT OR JASON? WELL, NO, WE CAN'T SEE HIM FROM THERE 'CAUSE IT'S BLOCKED BY THAT AND I DON'T WANT THE, HIS SIGHT LINE, WHATEVER YOU GUYS WANNA TO DO IT TO PROPERLY ACCOMMODATE.
WELL TRY THIS
WE WANNA, WE WANNA BE ABLE TO SEE AND SEE AND HEAR YOU, SIR.
SO WHY DON'T YOU HOLD OFF ONE SECOND OKAY.
UNTIL SHE DISTRIBUTES THE ITEMS FOR US.
THERE SHOULD BE TWO, THERE SHOULD BE TWO SEPARATE HANDOUTS.
JUST MAKING SURE THAT WE GOT ALL THE COPIES TO EVERYBODY.
OKAY SIR, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS THEN YOU HAVE THREE MINUTES TO, UH, SPEAK TO THE BOARD.
UH, WHENEVER YOU GUYS ARE READY, GO AHEAD SIR.
UH, MY NAME IS GUS PEREZ AND I LIVE AT 78 11 MORTON STREET AND HAVE LIVED IN THE ELM PICKET NORTH PARK NEIGHBORHOOD FOR NEARLY 30 YEARS.
I LOVE THIS HISTORIC DISTRICT, HIS NEIGHBORHOOD, AND THIS IS WHY I'M HERE TODAY TO VOICE MY OPPOSITION TO THIS APPEAL.
MR. MAGNEY IS WILLFULLY TRYING TO SUBVERT THE CITY'S ZONING LAWS THROUGH DISHONEST ACTIONS IN THE HANDOUTS.
I PROVIDED MR. MAGNEY PUBLICLY ADMITTED TO A NEWS REPORTER THAT HE KNEW ABOUT THE UPDATED ZONING REGULATIONS BEFORE HE FILED HIS NON-CONFORMING PLANS, WHICH VIOLATED EVERY TENANT OF THE ZONING REGARDING LAND USE, HEIGHT, ROOF TYPE, AND LOT COVERAGE.
AND IN SOME, UH, 2021 EMAILS FROM MY TIME ON THE ELM THICKET AUTHORIZED HEARING STEERING COMMITTEE, MR. MUGABE WAS COPIED IN.
SO YES, HE KNEW ABOUT THE PROCESS AND THE UPDATED ZONING CHANGES.
FINALLY, I LOOKED UP THE BALLOTS SUBMITTED BY MR. OTTI TO THE CITY COUNCIL.
HE VOTED AGAINST THE NEW ZONING CHANGES ON TWO PER OTHER PROPERTIES THAT HE OWNED IN ELM THICKET.
WHAT MORE PROOF DO WE NEED OF HIS ATTEMPT TO SNEAK A FAST ONE BY US? ALL? IT IS CLEAR, THE ONLY REASON WE ARE HERE TODAY IS BECAUSE BY HIS OWN ADMISSION AND THE PROOF PROVIDED, MR. MAGNI CHOSE TO WILLFULLY DISREGARD THE CITY'S ZONING REGULATIONS.
THIS IS A SELF, UH, INFLICTED HARDSHIP MR. MAGNI, UH, CAUSED ON HIMSELF BY BEING DISHONEST WITH THE CITY OF DALLAS.
WAS MR. MAGNI TRYING TO ROLL THE DICE AND HOPE THE CITY MADE A MISTAKE OR NEIGHBORS WERE NOT PAYING ATTENTION SO WE CAN MAKE A FEW EXTRA BUCKS ON THE SALE? THAT QUESTION BEGS AN ANSWER.
I ALSO WANNA CALL OUT THE REPORT FROM THE ASSISTANT CITY ATTORNEY JUSTIN H. ROY, THAT SAID THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION OF THE BOARD.
MR. MAGNEY HAS STATED THE MAIN REASON FOR HIS APPEAL IS THAT HE ALREADY STARTED CONSTRUCTION AND HAS SPENT A LOT OF MONEY DOING SO.
THE ASSISTANT CITY ATTORNEY STATED THAT STARTING CONSTRUCTION AND IGNORANCE OF THE ZONING REGULATIONS ARE, QUOTE, NOT PERMISSIBLE JUSTIFICATIONS FOR ALLOWING THE CONSTRUCTION OF NON-COMPLIANT STRUCTURES TO BE COMPLETED.
THE ASSISTANT CITY ATTORNEY ALSO POINTS TO A TEXAS SUPREME COURT DECISION THAT, THAT IN A SIMILAR CASE LIKE THIS ONE, HE STATES THAT WITHOUT THE THAT KIND OF DECISION, THE CITY WOULD BE UNABLE TO CORRECT ERRORS IN THE PERMITTING PROCESS.
HE CONCLUDED SAYING ACCORDINGLY, APPLICANT CANNOT MEET HIS BURDEN TO ESTABLISH THE FACTS NECESSARY TO OVERTURN THE DECISION TO REVOKE THE BURN BUILDING PERMITS.
SO I'M ASKING THE BOARD OF ADJUSTMENT TO DENY THE APPEAL BECAUSE IT IS A STATED MISSION OF THIS BOARD, THIS BODY TO QUOTE, UPHOLD THE MEANING AND SPIRIT OF THE ZONING ORDINANCE AS ENACTED BY LEGISLATION.
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BY DENYING THIS APPEAL ON MORAL AND LEGAL GROUNDS, YOU WILL SEND A STRONG MESSAGE TO ALL BUILDERS WHO ARE TRYING TO CHEAT THE SYSTEM.WE CANNOT REWARD BAD BUILDER BEHAVIOR AT THE EXPENSE OF OUR NEIGHBORHOOD WHO DID EVERYTHING RIGHT TO GET THIS OWNER PASSED.
AND AGAIN, ON BEHALF OF ALL MY NEIGHBORS WHO HAVE VOICED OPPOSITION TO THIS APPEAL, I APPRECIATE YOUR TIME AND CONSIDERATION IN THIS MATTER.
AND AS SOMEONE WHO WAS A MEMBER OF THE ELM THICKET AUTHORIZED HEARING STEERING COMMITTEE FROM 2019 TO 2022, I'M OPEN TO COME BACK TO THE MICROPHONE FOR ANY QUESTIONS ABOUT MY TESTIMONY YOU MAY HAVE.
WOULD YOU TELL ME YOUR NAME AGAIN? GUS PETTUS.
I AND YOUR ADDRESS WAS 7 8 1 1 WHARTON STREET.
AND THAT IS WITHIN ELM THICKET NEWARK PARK.
AND THAT WAS WITHIN THE PD 67 THAT WAS PASSED.
AND YOUR ZIP CODE? 7 5 2 2 0 9 0 9.
THANK YOU VERY MUCH FOR YOUR COMMENTS.
THANK YOU MS. BOARD, SECRETARY, UM, NEXT SPEAKER THAT WE HAVE PRESENT.
UM, I HAVE, UH, SPEAKERS ONLINE.
SO THERE ARE NO OTHER SPEAKERS IN THE ROOM, INDIVIDUALS IN THE ROOM THAT WANNA SPEAK DURING PUBLIC TESTIMONY.
SO MS. BOARD SECRETARY, DO WE HAVE ANY OTHER SPEAKERS IN THE ROOM THAT WOULD LIKE TO SPEAK DURING PUBLIC TESTIMONY? MS. RENEE ZER.
ALRIGHT, SO, UM, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS AND THEN YOU HAVE THREE MINUTES TO ADDRESS THE BOARD.
LAST NAME SPELLED Z-E-R-F-A-S.
I LIVE AT 6 8 1 5 TYREE STREET.
SO I'M FOUR HOUSES DOWN FROM THIS PROPERTY, SO I AM WITHIN THE 200 FOOT RADIUS.
I ALSO APOLOGIZE IN ADVANCE FOR POSSIBLE MISCOMMUNICATION ON THE BLUE SHEET.
I AM NOT IN FAVOR OF THIS APPEAL, SO I FIND THOSE FORMS VERY TRICKY.
I'M JUST GOING TO OUR PACKET THAT HAS PROPERTY OWNERS IN A GEOGRAPHY.
SO GIVE ME THAT ADDRESS ONE MORE TIME.
SO RENEE, ROS IS THERE FIVE SURFACE SURFACE, SIR? SURFACE? I'VE GOTCHA.
YOU YOU HAVE THREE MINUTES TO SPEAK TO THE BOARD.
YEAH, JUST LIKE THE PREVIOUS TWO SPEAKERS.
UM, I DO AGREE THAT THE STOP ORDER WAS THE RIGHT THING TO DO.
I HAVE ONLY LIVED IN THIS, UM, HOME FOR THREE YEARS, BUT I HAVE HAD THE PRIVILEGE OF MEETING SO MANY WONDERFUL NEIGHBORS AND UNDERSTANDING THE IMPACT THAT THESE TYPES OF BUILDINGS DO HAVE ON OUR COMMUNITIES.
FROM THE MOMENT I MOVED IN, I WAS REACHED OUT TO PEOPLE ABOUT VOTE FOR THIS, VOTE FOR THAT CHANGES HERE, CHANGES THERE.
AND FROM THE MOMENT I'VE BEEN HERE PERSONALLY, IT HAS FELT THAT THESE BUILDERS HAVE THE UPPER HAND WITH NOT ONLY THEIR RESOURCES, BUT THEIR COMMUNITIES AND THEIR SOCIAL PLATFORMS TO BE ABLE TO SPEAK OUT AGAINST OTHERS.
UM, THE MEMBERS IN THE COMMUNITY THAT MIGHT NOT BE AWARE, THAT MIGHT NOT BE FULLY UNDERSTANDING OF WHAT'S GOING ON TODAY.
UM, THESE BUILDERS IN MY OPINION, MAKE INCREMENTAL CHANGES THAT OVER TIME BECOME ACCEPTABLE BECAUSE, WELL, THE LAST PERSON DIDN'T, SO LET'S MAKE IT HAPPEN.
AND IN THE PAST THREE TO FIVE YEARS, WE'VE SEEN HUGE CHANGES IN THIS COMMUNITY BECAUSE OF THE FACT THAT THESE BUILDERS HAVE GONE IN AND MADE THESE INCREMENTAL CHANGES WITHOUT NECESSARY FULL APPROVAL.
UM, AND SO IT, IT HAS REALLY CHANGED THE IMPACT OF THE COMMUNITY, NOT ONLY WHETHER OR NOT PEOPLE CAN AFFORD IT, BUT SPECIFICALLY THESE DUPLEX LOTS HAVE A HUGE IMPACT TO THOSE RESIDENTS WHO HAVE BEEN HERE FOR 30 YEARS OR THEIR WHOLE LIVES.
UM, THESE, UM, BUILDERS PREDOMINANTLY ARE NOT IMPACTED FROM WHAT WE'VE SEEN FROM THE PUBLIC SECTOR.
SO FOR THOSE REASONS AND MANY OTHERS, AS YOU'VE LISTED HERE TODAY, UM, I DO BELIEVE THAT THE SOFTWARE WAS THE RIGHT THING TO DO.
THANK YOU FOR YOUR COMMENTS AND I APPRECIATE YOU BEING HERE.
UH, I WILL, I'LL MAKE ONE OTHER COMMENT.
UM, AND I'LL, I'LL I'LL LOOK TO MY BOARD ATTORNEY TO VERIFY THIS.
THE NATURE OF A, AN APPEAL OF A BUILDING OR AN ADMINISTRATIVE OFFICIAL TO THE BOARD OF ADJUSTMENT IS CONTROLLED BY OUR RULES OF PROCEDURE THAT STATES THAT THE APPLICANT APPEALING PLUS THE BUILDING OFFICIAL HAVE CERTAIN TIMES TO PRESENT TO THE BOARD AND HAVE REBUTTAL AND CALL WITNESSES.
THERE IS NO PROVISION DURING THAT HEARING FOR PUBLIC TESTIMONY.
SO IF THE TIME FOR PUBLIC TESTIMONY IS AT THE BEGINNING OF THE HEARING, JUST LIKE NOW, BUT DURING THE BUILDING OFFICIAL ADMINISTRATIVE APPEAL DECISION, UH, APPEAL HEARING, THERE'S NO PUBLIC TEST TESTIMONY UNLESS ONE SIDE OR THE OTHER CALL A PERSON AS A WITNESS TO SPEAK.
'CAUSE THERE'S CONTROLLED TIME.
IS THAT CORRECT, MR. BOARD ATTORNEY? THAT IS CORRECT.
SO I'M SAYING THAT ONLY FOR THIS CASE OR ANY CASE THAT COMES TO THE BOARD OF ADJUSTMENT,
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THAT UH, WE HAVE RULES IN PLACE THAT, THAT GUIDE PUBLIC TESTIMONY, WE WELCOME IT.UM, BUT IT WOULD BE AT THE BEGINNING OF THE HEARING PROCESS.
THAT'S WHY QUITE HONESTLY, I'VE WRITTEN DOWN THE NAMES AND THE LOCATIONS OF PEOPLE THAT HAVE SPOKEN SO THAT IT'S PART OF AT LEAST MY RECORD FOR THE BOARD.
MR. BROOKS, DID YOU HAVE A QUESTION? I HAVE A QUESTION FOR THE BOARD ATTORNEY, BUT I YES, GO AHEAD.
I THINK IT SHOULD BE ON THE RECORD.
WHAT'S THAT? I DON'T THINK IT SHOULD BE ON THE RECORD.
SO YOU, WE'LL SIDEBAR THAT LATER.
ALRIGHT, SO I'M SORRY, BUT THE ANSWER, THE ANSWER TO THAT QUESTION MIGHT BE SOMETHING WE NEED TO DISCUSS.
NOW, IF IT'S A PRIVILEGED COMMUNICATION, I CAN HAVE THAT WITH YOU AND THEN IF IT'S SOMETHING THAT NEEDS TO BE DISCUSSED BEFORE THE BOARD, I CAN OKAY.
SO I I'M REALLY UNCOMFORTABLE WITH THAT.
MR. BROOKS, IF THERE'S A QUESTION THAT YOU HAVE, YOU NEED TO GO AHEAD AT THIS STAGE IN THE PUBLIC SETTING, IT NEEDS TO BE PUBLIC, SO OTHERWISE IT THAT'S FINE.
I, IT GENERALLY I'VE BEEN ADVISED TO AT LEAST TRY TO MAKE OKAY.
IS THE PUBLIC TESTIMONY PART OF THE RECORD FOR THE HEARING WE ARE GOING TO HAVE REGARDING THE ADMINISTRATIVE OFFICIALS DECISION? UH, THE PUBLIC TESTIMONY THAT THE BOARD ADDRESS HEARS AT EACH ONE OF THEIR HEARINGS IS PART OF THE OVERALL HEARING FOR THE DAY.
THE DECISION MAKING PROCESS IS BASED ON THE HEARING AND THE FACTS PRESENTED DURING THE HEARING.
WE HEAR THINGS, WE REACT TO THINGS.
UH, BUT THE CODE AS CON CONFINE, AS CONFERRED BY THE CITY COUNCIL IS THAT WE CONDUCT A HEARING.
ONE SIDE PRESENTS, ONE SIDE PRESENTS ONE CROSS EXAMINEES.
WE, WE AS A BOARD ARE ALLOWED TO QUESTION BOTH SIDES, EVEN QUESTION WITNESSES.
AND THAT IS THE, THAT ARE THE, THOSE ARE THE FACTS THAT COME INTO THE CASE.
SO DID I ANSWER YOUR QUESTION? YES.
SO THAT'S AN APPROPRIATE QUESTION.
UM, SO THIS IS CONDUCTED IN A PUBLIC SETTING, SO ALL INFORMATION'S VALUABLE.
HOW WE WEIGH ON IT IS A FUNCTION OF US USING OUR DECISION MAKING PROCESS BASED ON THE RULES WE HAVE.
DO WE HAVE ANY OTHER SPEAKERS HERE WITH US TODAY THAT WANTED TO SPEAK DURING PUBLIC TESTIMONY? NO, THOSE SPEAKERS REGISTER.
ALRIGHT, WE HAVE ONLINE SPEAKERS, MS. WILLIAMS? THAT IS CORRECT.
HOW MANY DO WE HAVE? WE HAVE THREE.
YOU CAN, CAN GO AHEAD AND CALL ONE MS. KIMBERLY SIMS. CAN YOU PLEASE PROVIDE VIDEO AND AUDIO? KIMBERLY SIMS? YES.
ARE YOU ABLE TO SEE AND HEAR ME? UH, THERE WE GO.
IF YOU, YOU HAVE THREE MINUTES TO ADDRESS THE BOARD.
AFTER YOU GIVE US YOUR NAME AND ADDRESS PLEASE.
MY NAME IS KIMBERLY SIMS. I LIVE AT 72 19 MORTON STREET IN DALLAS.
GOOD AFTERNOON, CHAIR NEWMAN AND BOARD OF ADJUSTMENT MEMBERS.
MY NAME IS KIMBERLY SIMS. AGAIN, I AM A THIRD GENERATION RESIDENT OF THE ELM THICKETT NORTH PARK NEIGHBORHOOD.
I ALSO SERVE AS THE VICE PRESIDENT OF THE ELM THICKETT NORTH PARK NEIGHBORHOOD ASSOCIATION.
I'M HERE TODAY TO ASK YOU TO, TO
THE CITY IS STILL DOING ITS DUE DILIGENCE TO FIND A SOLUTION FOR THIS ISSUE AND I BELIEVE THAT WE SHOULD GIVE THEM THIS TIME.
WHAT HAS HAPPENED IS AN EXTREMELY UNFORTUNATE SITUATION.
HOWEVER, MR. MAGNEY THUMPED HIS NOSE AT CHANGES THAT HE WAS WELL AWARE OF.
IN A RECENT INTERVIEW THAT AIRED AUGUST 15TH ON FOX FOUR NEWS.
MR. MAGNEY ADMITTED THAT HE KNEW THE ZONING GUIDELINES FOR OUR COMMUNITY HAD CHANGED AND HE READILY ADMITTED THAT HE HAD TAKEN PART IN A DEVELOPER'S FIGHT AGAINST THE THEN PROPOSED CHANGES.
HOWEVER, HE NEVER UPDATED HIS PLANS AND CONTINUED TO MOVE FORWARD AS IF NOTHING HAD CHANGED.
SPECIFIC VIOLATIONS INCLUDE THE DUPLEXES BEING BUILT ON A SITE MEANT FOR SINGLE FAMILY USE.
THE DUPLEX HAS A FLAT ROOF DESIGN.
THE MAXIMUM HEIGHT OF THE DUPLEX EXCEEDS 30 FEET AND THE DUPLEX LOT COVERAGE EXCEEDS 40%.
DEVELOPERS LIKE MR. MAGNEY OPENLY IGNORE CITY GUIDELINES AND LOOK TO THE BOARD OF ADJUSTMENT TO SIDE WITH THEM.
HAD IT NOT BEEN FOR DILIGENT NEIGHBORS CONSTANTLY, CONSISTENTLY RAISING THEIR HANDS ABOUT THESE ISSUES, NOTHING WOULD'VE HAPPENED FOR SEVEN YEARS.
ELM THICK AT NORTH PARK FOUGHT TO HAVE ITS VOICES HEARD IN A BATTLE THAT DAMAGED OUR NEIGHBORHOOD AND SPLIT IT ALONG RACIAL LINES.
IT IS MY HOPE TODAY THAT YOU WILL ALL DO THE RIGHT THING AND DENY THIS APPEAL UNTIL THE CITY HAS A CHANCE TO COME TO SOME SORT OF RESOLUTION ABOUT HOW WE MOVE FORWARD.
[00:30:01]
OTHER SPEAKERS FOR PUBLIC TESTIMONY? MS. AMELIA PER, CAN YOU HEAR ME? YES, VERY MUCH.IF YOU'D GIVE US YOUR NAME AND ADDRESS AND THEN YOU HAVE THREE MINUTES TO ADDRESS THE BOARD.
UH, MY NAME IS AMELIA, A-M-E-L-I-A, MIDDLE INITIAL S PEREZ, P-E-R-E-Z.
UH, MY FAMILY AND I HAVE LIVED IN THE HISTORIC EL THICK AT NORTH PARK FOR ALMOST 30 YEARS BECAUSE I LOVE MY NEIGHBORHOOD AND RESPECT MY NEIGHBORS WHO FOUGHT FOR THESE ZONING CHANGES IN PD 67 NEARLY TWO YEARS AGO.
I'M HERE TO VOICE MY OPPOSITION TO CASE 2 3 4 DASH 1 0 1.
THE CITY'S ATTORNEY'S OFFICE HAS SAID MR. MAG'S APPEAL HAS NOT MET THE FACTS NEEDED TO OVERTURN THE REVOCATION OF HIS BUILDING PERMITS.
THE CURRENT CONSTRUCTION IN QUESTION NOT ONLY VIOLATES THE NEW LOCK COVERAGE OF 40%, BUT ALSO THE OLD LOCK COVERAGE OF 45%.
THE CONSTRUCTION IN QUESTION STANDS AT 45.7% LOCK COVERAGE.
THERE ARE AN ADDITIONAL THREE OTHER VIOLATIONS ON THIS BUILD AS MS. SIMS, UH SAID, THE HISTORIC ELM PICKET NORTH PARK SHOULD NOT HAVE TO ACCOMMODATE BUILDERS WHO NEITHER RESPECT THE NEIGHBORHOOD IN WHICH THEY BUILD AND WILLFULLY SUBMIT BUILDING PLANS THEY KNOW DO NOT CONFORM TO THE BUILDING STANDARDS.
MR. MAGNEY KNEW THE BUILDING PLANS HE SUBMITTED VIOLATED THE NEW PD 67.
LAST THURSDAY, MR. MAGNEY TOLD A FOX FOUR NEWS REPORTER THAT HE WAS AWARE OF THE ZONING CHANGES YOU'VE BEEN PROVIDED.
EMAILS WHERE MR. MAGNEY WAS INCLUDED IN THE TEXT CHAIN AND ALSO THE BALLOTS DURING FOR THIS ZONING FIGHT.
OKAY, MR. MA'S REPRESENTATIVE HAS SAID THAT ASKING MR. MAGNEY TO BUILD A NOT TO BUILD A CONFORMING STRUCTURE WOULD BE A SEVERE DOSE OF MEDICINE TO THAT ELLEN THICK AT NORTH PARK SAYS PERHAPS THAT IS WHAT IS NEEDED WHEN A BUILDER ADMITS HE KNEW THE ZONING CHANGES, PARTICIPATED IN THAT ZONING FIGHT, AND THEN STILL FILED BUILDING PLANS THAT ARE NON-CONFORMING.
YES, THE CITY AIRED, BUT MR. MAGNI INFLICTED THIS HARM ON HIMSELF WHEN HE SUBMITTED BUILDING PLANS THAT HE KNEW WERE NON-CONFORMING.
YOU KNOW, WHO ELSE HAS SPENT A LOT OF MONEY AND DOES NOT DESERVE A SEVERE DOSE OF MEDICINE? MYSELF AND MY A THICKET NEIGHBORS, SOME OF WHOM HAVE LIVED THEIR ENTIRE LIVES IN THIS NEIGHBORHOOD IN THE FORM OF PROPERTY TAXES THAT ELLEN THICKETT NORTH PARK NEIGHBORS ARE THE ONLY ONES WHO HAVE DONE EVERYTHING RIGHT IN THIS MATTER.
WE FOLLOWED ALL THE RULES, SET, FORTIFY THE CITY, AND WHEN THEY TOLD US WE NEEDED TO POLICE THE NEW BUILDS, WE DID IT BECAUSE IT'S UP TO US TO SAVE ELM THICKET.
SO I RESPECTFULLY ASK YOU TO PLEASE DENY MR. MCGEE'S APPEAL.
THIS IS A SELF-INFLICTED HARM AND IT SHOULD NOT BE ON THE BACKS OF THIS HISTORIC FRIEDMAN'S COMMUNITY TO SOLVE THE PROBLEM BETWEEN THE CITY AND THE DEVELOPER WHO TRIED TO GET ONE PAST THE CITY.
MS. BOARD SECRETARY, OTHER SPEAKERS ONLINE, MR. JONATHAN MAPLES, PLEASE.
MR. MAPLES, CAN YOU HEAR US? YES.
CAN YOU HEAR ME? YOU HAVE YOU.
IF YOU GIVE US YOUR NAME AND ADDRESS, YOU HAVE THREE MINUTES TO ADDRESS THE BOARD.
WELL, THANK YOU, UH, AGAIN FOR YOUR TIME.
YOU KNOW, WELL, WELL YOU NEED TO TURN ONE OF YOUR, ONE OF YOUR AUDIOS OFF.
IS THAT BETTER? CAN YOU HEAR ME OKAY? YES.
OKAY, WELL, WELL, WELL, WE ARE, IF YOU GIVE US, SIR, IF YOU GIVE US YOUR NAME AND YOUR ADDRESS AND SPEAK CLOSE TO YOUR MIC SO WE CAN HEAR YOU.
JONATHAN MAPLES 65 25 OREO DRIVE, DALLAS, TEXAS 7 5 2 0 9.
IN DISTRICT TWO, I'M THE PRESIDENT OF THE ELM THINK AT NOR PARK NEIGHBORHOOD ASSOCIATION AND LEGACY RESIDENT OF ALMOST 60 YEARS.
THIS IS MY THIRD TIME COMING BEFORE THIS BOARD OF ADJUSTMENTS BECAUSE WE KNEW IN OUR COMMUNITY THAT SOMETHING WAS WRONG.
THE LAST TWO TIMES I SPOKE TO THIS BOARD, I EXPLAINED TO THIS BODY THAT I WILL BE RETURNING.
BUT NOW I CAN REPORT THAT THE COMMUNITY OF M**K AND NORTH PARK WAS RIGHT IN OUR ASSESSMENT.
THAT SOMETHING ABSOLUTELY WAS WRONG TO THE TONE OF 29 TIMES.
WE, THE COMMUNITY OF M THICK AND NORTH PARK WORKED VERY HARD TO SAY, TO HAVE A SAY IN WHAT OUR NEIGHBORHOOD LOOKED LIKE.
IT TOOK ALMOST A DECADE TO GET TO THE Z TO CPC WHERE WE WON UNANIMOUSLY CITY COUNCIL,
[00:35:01]
WHERE WE WON UNANIMOUSLY ONLY TO FIND OUT THAT THE WORK WAS NOT COMPLETED BY THE CITY.AND EVEN THOUGH THE COMMUNITY WAS SCREAMING FROM THE MOUNTAINTOP THAT SOMETHING WAS WRONG, OUR VOICES WENT UNHEARD.
AND BUILDERS NOT ONLY TOOK ADVANTAGE OF THE CITY, BUT ALSO TOOK ADVANTAGE OF THIS BOARD AND THIS HISTORICAL COMMUNITY.
YOU SEE, THE BUILDERS KNEW THAT THE ZONING WAS NOT BEING ENFORCED AND THEY TOOK FULL ADVANTAGE OF IT.
AS MENTIONED IN A FOX FOUR NEWS INTERVIEW BY THIS PARTICULAR APPLICANT, HE KNEW THE ZONING WAS WRONG.
SO THIS PROPERTY OWNER SHOULD BE HELD ACCOUNTABLE FOR BREAKING THE LAW.
THIS HOUSE WOULD NOT HAVE BEEN PERMITTED IN THE PREVIOUS ZONING, BUT THE BUILDERS HAD THE PERCEPTION THAT THE BOARD OF ADJUSTMENTS BELIEVES IN FORGIVENESS OVER PERMISSION IF THEY BILL 50% OR BETTER.
WE ARE ASKING YOU TODAY TO DO THE RIGHT THING.
THE, I'M THINKING NOR PARK ZONING IMPLEMENTATION WAS MISHANDLED AND WE NEED TO FIND OUT WHO, WHAT, WHERE, WHEN, AND WHY THIS HAPPENED.
AND THAT'S NOT SOMETHING WE KNOW YET.
SO WE'RE ASKING THAT THIS BUILDER BE HELD ACCOUNTABLE AND FOR A PAUSE OR ANY OTHER JUDGEMENTS COMING FROM THE BOARD OF ADJUSTMENTS WHILE THE CITY MANAGER AND STAFF COMPLETE THEIR INVESTIGATION AS IT RELATES TO ELM THICK AND NORTH PARK.
AND LASTLY, IGNORANCE OF THE LAW IS NOT AN EXCUSE.
THANK FOR, THANK YOU FOR YOUR COMMENTS, SIR.
UH, MS. BOARD, SECRETARY, OTHER SPEAKERS? NO, THE SPEAKERS REGISTER, SIR.
THAT CONCLUDES OUR PUBLIC TESTIMONY COMPONENT OF THE, OF THE HEARING TODAY.
THE NEXT ITEM ON OUR AGENDA IS MIS LATEST ITEMS, UH, THE REVIEW AND APPROVAL OF OUR MEETING MINUTES.
BOARD MEMBERS THIS MORNING AT THE BRIEFING I MENTIONED, UM, THE JULY 16TH, 2024 PANEL, A MEETING MINUTES, AND THAT THERE WAS TWO TYPOS ON PAGE 17 RELATING TO, UH, BDA 2 3 4 DASH 0 9 0.
UM, THE CHAIR WOULD ENTERTAIN A MOTION TO APPROVE, UH, SUBJECT TO THOSE TWO ITEMS. ONE BEING THE WORD MOTION TO GRANT BEING PUT IN AND SUPPOSED TO MOTION TO HOLD UNDER ADVISEMENT.
AND SECOND, THE, TO STRIKE THE WORDS AGAINST ONE KATHLEEN DAVIS.
AGAIN, THIS IS FOR BDA 2 3 4 0 9 0.
MOTION NUMBER ONE, THE CHAIR WOULD ENTERTAIN A MOTION.
I MAKE A MOTION TO APPROVE THE MEETING MINUTES FOR THE JULY 16TH, 2024 MEETING OF THE BOARD OF ADJUSTMENT PANEL, A SUBJECT TO THOSE AMENDMENTS.
IT'S BEEN MOVED BY MS. HAYDEN TO APPROVE THE MEETING MINUTES FROM JULY 16TH.
SUBJECT TO THOSE TWO NOTATIONS.
SECOND BY MR. BROOKS DISCUSSION ON THE MOTION HEARING? NO DISCUSSION ON THE MOTION.
ALL IN FAVOR OF APPROVING OUR MEETING MINUTES FROM JULY 16TH AS AMENDED.
UH, NEXT ITEM ON OUR AGENDA IS OUR, OUR UNCONTESTED DOCKET.
LEMME SHUFFLE MY PAPERS THIS MORNING AT THE BRIEFING, THE BOARD PULLED ONE OR KEPT ONE ITEM ON THE UNCONTESTED DOCKET THAT IS BDA 2 3 4 DASH NINE FIVE CONSISTENT WITH OUR RULES OF PROCEDURE.
IF THE BOARD DURING THE BRIEFING SEES THAT THERE IS, UM, THAT THERE IS A CONSENSUS TO NOT HAVE A FULL-BLOWN HEARING, UH, AS IT RELATES TO A REQUEST, IT CAN BE APPROVED.
UM, SUMMARILY DURING THE AFTERNOON BRIEFING WITHOUT TESTIMONY, UH, THERE IS ONE ITEM ON OUR UNCONTESTED DOCKET.
THIS IS AT 6 1 3 0 ROYALTON ROAD, THE CHAIR TO ENTERTAIN A MOTION MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BDA 2 3 4 DASH NINE FIVE APPLICATION OF ROB BALDWIN FOR VARIANCE TO THE FRONT YARD SETBACK REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT, RECENT VERSION OF ALL SUBMITTED SITE PLANS IS REQUIRED.
BDA 2 3 4 DASH NINE FIVE APPLICATION OF ROB BALDWIN FOR A VARIANCE TO THE PARKING REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS IS REQUIRED.
IT'S BEEN MOVED BY MS. HAYDEN TO APPROVE 2 3 4 0 9 5 FOR THE TWO REQUESTS THAT ARE PENDING.
IS THERE A SECOND TO THE MOTION? SECOND.
IT'S BEEN SECONDED BY MR. HA HAKO.
[00:40:02]
BECAUSE THIS PROPERTY HAS ESSENTIALLY TWO FRONT YARD SETBACKS, UM, AND THE PROPOSED GARAGE IS GOING IN THE SAME PLACE AS THE EXISTING GARAGE, THERE SEEMED TO BE SUFFICIENT ROOM FOR OFF STREET PARKING.UM, I VOTED IN FAVOR OF THIS MR. HAITZ DISCUSSION.
THE, THE AREA INVOLVED, UH, THE HOME INVOLVED, THE REBUILD WILL NOT MATERIALLY BE DIFFERENT THAN THE PRIOR SITUATION AND, UM, IT'S REALLY, UH, UH, NOT ANY REALLY CHANGE TO THE CURRENT SITUATION.
ANY OTHER DISCUSSION BY THE BOARD REGARDING 2 3 4 0 9 5? THIS IS AT 6 1 3 0 ROYALTON ROAD.
MS. BOARD SECRETARY CALL VOTE.
MOTION PASSES FIVE TO ZERO TO GRANT IN THE MATTER OF 2 3 4 0 9 5.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO APPROVES THE REQUEST FOR THE VARIANCE OF THE FRONT YARD SETBACK AND THE REQUEST FOR THE VARIANCE OF THE PARKING REGULATIONS.
UH, THE APPLICANT WILL GET A LETTER FROM OUR BOARD SECRETARY MOMENT OR WITHIN THE NEXT WEEK OR TWO.
UH, THE NEXT ITEM ON THE AGENDA IS 2 3 4 0 9 3 2 3 4 0 9 3.
THIS IS AT 3 2 5 NORTH MOORE STREET.
UM, MAKE SURE YOU'RE RIGHT CLOSE TO THAT MICROPHONE SO WE CAN HEAR YOU.
YOU GUYS CAN HEAR ME? VERY GOOD.
UM, MS. BOARD SECRETARY, HOW MANY, WHAT SPEAKERS DO WE HAVE FOR THIS CASE? ONLY THE APPLICANT, SIR.
ALRIGHT SIR, YOU HAVE FIVE MINUTES PLUS OR MINUS.
I'LL BE, I'LL BE GENEROUS WITH TIME.
UM, TO BE ABLE TO, UM, INTRODUCE YOURSELF, GIVE US YOUR ADDRESS AND TELL US WHY YOU'RE REQUESTING, UM, THIS VARIANCE FOR THE FRONT YARD SETBACK.
MS. WILLIAMS, PLEASE SWEAR IN THE, THE, UH, APPLICANT.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING ALII.
I'M AT 24 40, UH, PORT, UH, WOODWARD AVENUE, DALLAS, TEXAS 7 5 2 1 1.
SO IF YOU WOULD TELL ME TO PRONOUNCE YOUR LAST NAME ONE MORE TIME 'CAUSE I DON'T WANNA BUTCHER IT.
ALI IMI, UH, ELMI EL I APOLOGIZE.
YEAH, THANKS FOR YOUR TIME HERE.
UM, UH, I WAS IN THE HEARING THIS MORNING AND BRIEFING THIS MORNING AND, UH, THERE WAS SOME QUESTIONS THAT CAME UP AND, UH, I THOUGHT I KNOW A SMALL POSITION A LITTLE BIT CLOSER TO THE MICROPHONE.
UH, BRIEF PRESENTATION, YOU KNOW, DISCUSSING ALL THOSE, UH, ITEMS RELATED TO THE BLOOD SITE.
AND ALSO, UM, ANOTHER ITEM ABOUT THE MYSTERY HOUSE REALLY IN THIS, UH, UH, PROPERTY, PLEASE.
SO, UH, THIS ONE, UH, NEXT SLIDE PLEASE.
SO THE SIDE LOCATION IS IN THE BOTTOM OF THE STREET.
SO THAT'S BASICALLY THE QUITE BIT OF INVESTMENT BY THE CITY OF DALLAS IN THIS AREA WITH THE NEW INFRASTRUCTURES, YOU KNOW, FOR THE DEVELOPMENT.
SO THERE'S A QUITE BIT OF, YOU KNOW, UH, EMPTY, UH, OR VACANT LOTS HERE, THIS AREA.
AND, UH, THERE'S A QUITE BIT OF, UH, CONSTRUCTION ACTIVITY THAT'S HAPPENING.
SO THERE'S A NEW PD THAT WAS, UH, SIGNED IN 2021 FOR THIS AREA THAT I'M GONNA JUST KNOW, UH, REFER TO THAT.
SO, UH, THIS IS THE AREA THAT, UH, BASICALLY THE SITE IS LOCATED NEXT, NEXT SITE.
UH, SO, UH, BASICALLY THIS ONE ISN'T, UH, PD 10 52 SUBDISTRICT ONE.
SO THERE ARE TWO SUBDISTRICTS HERE.
SO THERE ARE, UH, ALMOST NO, UH, TWO OR THREE STREETS ON SUBDISTRICT ONE.
AND THEN THE REMAINING OF THE BOTTOM DISTRICTS ARE IN SUBDISTRICT, UH, TWO.
UH, SO THERE WAS A QUESTION ABOUT THE LOT SIZE.
SO BASED ON THE PD 10 52, ACTUALLY THE, THE, UH, THE LOT SIZE, THE MINIMUM BLOOD SIZE, UH, FOR SUBDISTRICT ONE IS 2000 SQUARE FOOT.
UH, AND FOR SUB-DISTRICT TWO, THE MINIMUM BLOOD SIZE IS, UH, 2,500 SQUARE FOOT, UM, FOR THE SINGLE FAMILY RESIDENTIAL HOMES.
UM, AND, UH, IF YOU GO TO THE NEXT, NEXT SLIDE PLEASE.
SO THAT'S A, UH, THE PRESENTATION ACTUALLY BY THE CITY OF DALLAS, UH, WEBSITE THAT I, UH, SELECTED HERE TO KIND OF NOT SHOW THAT THIS AREA IN GENERAL, THERE ARE, UH, QUITE A BIT OF THE LOTS THAT ARE, YOU KNOW, MUCH SMALLER LOTS.
THERE ARE, THEY CALL NARROW LOTS.
THEY ARE 25 FOOT WIDE TO 35, 40 FOOT LOT.
I THINK MOST OF THIS AR AREA, THE LOTS ARE, YOU KNOW, SMALLER THAN 40 FOOT LOT, UH, 40 FOOT WIDE.
SO, UH, TYPICALLY THE LENGTH OF THESE LOTS ARE ABOUT A HUNDRED FOOT.
SO IT WOULD PUT THESE LOTS IN THE RANGE OF 2000 SQUARE FOOT TWO CLOSE TO 4,000 SQUARE FOOT, UM, FOR, FOR MAJORITY OF THE LOTS
[00:45:01]
FACING IN THE SUBDISTRICT ONE AND SUBDISTRICT TWO.SO, AND THAT'S WHY IN THE PD 10 52, THERE'S A, THERE WAS A, UH, KIND OF PUT A MINIMUM, UH, LOT SIZE OF, UH, 2000 FOR THE SUBDISTRICT ONE AND THEN 2,500, UH, SQUARE FOOT FOR SUBDISTRICT TWO.
SO THIS, UH, SITE IS, UH, UH, UH, THE SQUARE FOOTAGE OF THIS SITE IS 4,300 SQUARE FEET, ABOUT 3,300 SQUARE FOOT.
SO THIS IS THE, UM, AREA VIEW OF NORTHMORE.
SO THAT'S A MYSTERY HOUSE THAT, YOU KNOW, WE'RE DISCUSSING THIS MORNING TO THE NEW CONSTRUCTION NEXT DOOR, NEXT SLIDE.
UH, SO THAT'S BASICALLY WHAT IT USED TO BE THERE.
SO IT WAS DEMOLISHED KNOW AS A PART OF KNOW THAT DEMOLISHING PERMIT.
SO IT WAS A, A SMALL HOUSE, UH, SMALL, BASICALLY A, A HOUSE THAT WAS A STRUCTURE.
IT WASN'T STRUCTURALLY SOUND, SO WE DECIDED TO, TO DEMOLISH IT.
SO PLAN FOR NEW CONSTRUCTION IN THIS AREA.
UM, AND, UM, HOPEFULLY, YOU KNOW, THIS SOLVED THE, THE QUESTIONS ABOUT, YOU KNOW, WHAT THAT BUILDING WAS AND, UH, YOU KNOW, WHAT HAPPENED THAT BUILDING.
SO THAT BASICALLY HAPPENED DURING THE, UH, UH, UH, PLANNING BASICALLY FOR THIS, UH, FOR THIS VARIANCE REQUEST.
UH, SO THIS IS BASICALLY A VIEW OF THE MOORE STREET AND HUTCHINSON.
SO THE, THE LOT, UH, THIS PROPERTY IS GONNA BE AT THE CORNER OF, UH, MOORE AND HUTCHINSON STREET NEXT.
SO THIS IS BASICALLY, UM, HOW THE LOT KNOW WOULD LOOK LIKE.
SO I KNOW THAT, YOU KNOW, PEOPLE DISCUSSING THAT THIS IS A SMALL LOT.
THIS IS A 4,300 SQUARE FOOT LOT.
IT'S A TRIANGLE SHAPE, BUT, UH, WHEN I GAVE IT TO THE, THE ARCHITECTS, SO THEY LOVE IT BECAUSE THAT WAS A CHALLENGE.
SO THEY, THEY COME UP, YOU KNOW, WITH SOMETHING THAT WE BE ABLE TO PUT IT THERE.
AND I WAS ACTUALLY IMPRESSED, YOU KNOW, WITH THEM, BUT THEY DID.
BUT THE MAIN THING IS THAT, YOU KNOW, IF WE PUT THE TWO DOUBLE SETBACK, YOU KNOW, THIS LAW, SO IF WE WOULD END UP, YOU KNOW, WITH ALMOST, YOU KNOW, PUTTING ONE GARAGE READY THERE, SO IT'S NOTHING REALLY OUTSET, YOU KNOW, WE CAN'T, CAN BUILD THIS PROPERTY.
UM, SO THE, THE REQUEST THAT I HAVE HERE IS THAT NEXUS SLIDE TO CHANGE ONE OF THE SETBACK, YOU KNOW, FROM, UH, THE REQUEST FOR SETBACK ON ALONG HUTCHINS AVENUE FROM 20 FOOT TO TO FIVE FOOT, UH, TODO, UH, THE CONSTRUCTION OF A SINGLE FAMILY RESIDENTIAL IN THIS, UH, SUBJECT SIDE.
THAT'S, UH, THAT'S MY PRESENTATION THEN.
UM, IF THERE'S ANY QUESTIONS I'LL BE HAPPY TO ANSWER.
AND, AND TAKE THAT, LEAVE THAT LAST PHOTO BACK UP.
I DON'T KNOW WHO'S RUNNING THE, THE POWERPOINT 'CAUSE THAT I THINK THAT'S IMPACTFUL FOR THE DISCUSSION THAT WE MAY OR MAY NOT HAVE.
SO MY COMP, FIRST OF ALL, THANK YOU FOR COMING AND, AND SPEAKING, UM, QUESTIONS FOR THE APPLICANT.
MR. VEZ, THANK YOU FOR YOUR PRESENTATION.
I JUST, UM, I WANNA BE VERY CLEAR IN MY OWN MIND.
WERE YOU HERE FOR OUR DISCUSSION THIS MORNING? I WAS ACTUALLY, IT WAS VERY HELPFUL FOR THANK YOU.
THE, UH, THE GREENHOUSE THAT WE WERE TALKING ABOUT,
THAT'S A BRAND NEW CONSTRUCTION.
I THINK HE WANTED THAT ON THE RECORD AND, AND IT'S NOW ON THE RECORD.
I THINK THAT'S, NO, THAT'S THE PURPOSE AND VERY GOOD.
AND BOARD MEMBERS, I'M PASSING THE, UH, ANY FEEDBACK ON EACH CASE DOWN THE RUN HERE? WELL, UH, THERE WAS ONE, ONE EMAIL IN SUPPORT OF YOUR REQUEST.
SO WE SHARE THE, THE, AND THAT'S ALL PART OF THE PUBLIC RECORD.
SO, UM, YOU, UH, YOU HEARD THIS MORNING MY, THIS ONE MEMBER'S HESITATION, GIVEN THAT IT LOOKED LIKE A AWFULLY SMALL LOT ONE, UH, IF YOU'RE ALLOWED, A FIVE FOOT SETBACK IS NOT AS SMALL A LOT.
AND AS YOU HAD SAID IN, I'M LOOKING BACK ON MY ZONING MAP HERE.
THIS IS PD 10 52 SUBDISTRICT ONE, WHICH, WHAT WOULD, WHAT DID YOU SAY? THE SQUARE FOOTAGE RANGE IS FROM THE, THE MINIMUM REQUIREMENT IS A 2000 SQUARE FOOT 2000.
AND THE, IS THERE A MAXIMUM? UH, THERE'S NO MAXIMUM, THERE'S, BUT A MINIMUM 2000.
I FIND IT HARD TO BELIEVE ANYONE CAN BUILD ON 2000 SQUARE FEET, BUT I'M NOT A BUILDER SO I JUST, I JUST LOOK AT MAPS AND TRY TO MAKE A FAIR AND REASONABLE DECISION, BUT OKAY.
ALRIGHT, UM, YOU'RE, FOR THE RECORD, YOU'RE ONLY ASKING FOR A, UH, VARIANCE ALONG HUTCHINS.
YOU'RE NOT ASKING FOR A A BLOCK FACE VARIANCE FOR, UH, MOORE, CORRECT? THAT'S CORRECT.
SO THE MOORE WILL, MOORE'S CONTINUITY WILL MAINTAINED IS JUST HUTCHINS.
UM, THIS IMAGE THAT WE'RE LOOKING AT, IS THIS YOUR SITE PLAN? THIS IS BASICALLY, YES.
SO IF I'M READING THIS CORRECTLY, YOU'RE PLANNING TO BUILD A THREE STORY HOME THERE? YES, THAT'S RIGHT.
I WOULD JUST ENCOURAGE YOU TO MAKE SURE THAT A THREE STORY HOME IS ALLOWABLE IN THAT AREA.
[00:50:01]
RIGHT.SO YEAH, WE HAVE GONE THROUGH THAT ONCE.
SO THAT'S A SUBDISTRICT ONE, BASICALLY HOUR 36 FOOT, UH, WE SEE A HEIGHT FOR THAT AREA AND YEAH, WE HAVE GONE THROUGH THAT
SO I'M GONNA ASK YOU TO REPEAT THAT AGAIN.
SO IT'S YOUR UNDERSTANDING THAT PD 10 52 SUBDISTRICT ONE HAS A HEIGHT LIMITATION OF 36 FEET, 36 FEET, AS YOU CAN HEAR FROM OUR PREVIOUS TESTIMONY THAT, UM, THESE ARE, THESE ARE RELEVANT FACTS.
NO, THAT, THAT WAS ACTUALLY THESE ARE RELEVANT FACTS.
IT'S NOW ON THE RECORD ABOUT THAT.
OTHER QUESTIONS? ALRIGHT, THANK YOU.
ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU VERY MUCH.
THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 0 9 4 ON APPLICATION OF ALI IBRAHAM IBRAHIMI GRANT, THE 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CO CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS AS REQUIRED IN THE MANNER OF BDA 2 3 4 DASH NINE THREE, MS. HAYDEN HAS MOVED TO GRANT THE REQUEST FOR THE 15 FOOT VARIANCE OF THE FRONT YARD SETBACK ALONG HUTCHINS.
UH, IS THERE A SECOND? SECOND.
SECOND, UH, MR. BROOKS DISCUSSION ON THE MOTION TO GRANT MS. HAYDEN, UM, NOT ONLY IS THIS LOT RESTRICTIVE IN SHAPE WITH THAT TRIANGULAR SHAPE, BUT IT'S ALSO RESTRICTED BY THE TWO FRONT YARD SETBACKS.
AND THE, THE, UH, IN THE BRIEFING THIS MORNING, IT WAS CLEAR THAT THERE WERE NO OTHER HOMES ALONG HUTCHINS.
YOU KNOW, ONE OF THE THINGS THAT WE LOOK AT IS THE BLOCK FACE CONTINUITY TO MAKE SURE THAT WE'RE NOT, YOU KNOW, ENCROACHING ON THAT BLOCK FACE CONTINUITY.
BUT THERE WERE NO OTHER, UM, HOMES ALONG HUTCHINS THAT I COULD SEE THAT FRONTED HUTCHINS, UM, THAT THIS WOULD AFFECT.
SO I'M VOTING IN FAVOR OF THIS.
MR. BROOKS, I'M ALSO GONNA VOTE IN FAVOR FOR, FOR THE SAME REASONS.
UM, AND THEN JUST FOR THE RECORD, I, I DON'T KNOW HOW TO DO THIS.
I, I THINK WE MIGHT'VE SAID OH NINE FOUR INSTEAD OF OH NINE THREE WHEN THE MOTION WAS READ.
UM, IT, IT IT'S OH NINE THREE.
I'M, I'M, I'M ALMOST POSITIVE I HEARD YOU SAY OH NINE FOUR.
SO I GUESS THIS IS A, A FRIENDLY AMENDMENT TO MAKE SURE WE'RE ALL TALKING ABOUT OH NINE FOUR.
NO, WE'RE TALKING ABOUT OH NINE THREE.
I, I'M, I'M REVERSING MYSELF HERE.
I THINK WHEN MS. HAYDEN READ THE MOTION, SHE SAID OH NINE FOUR IT SAYS OH NINE THREE.
UH, IT, THE CHAIR WILL INTERPRET IT AS OH NINE THREE.
YES, I, I'LL, I'LL AGREE WITH THAT.
THAT 2 3 4 0 9 3 WHENEVER I READ IN THE BEGINNING, I'M MEANT TO READ
OKAY, SO, UH, THE, THE CHAIR APPRECIATES THAT.
THE MOTION IN FRONT OF THE BOARD IS TO GRANT THE REQUEST FOR A 15 FOOT VARIANCE AT, UH, AT 3 2 5 NORTH MOORE STREET, WHICH IS OUR CASE NUMBER 2 3 4 0 9 3.
ANY OTHER DISCUSSION? SEEING NO DISCUSSION, MS. BOARD SECRETARY? CALL THE VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 3 4 DASH NINE THREE.
THE BOARD UNANIMOUSLY APPROVES GRANTS THE REQUEST FOR A 15 FOOT VARIANCE TO FRONT YARD SETBACK.
UH, YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
THANK YOU VERY MUCH APPRECIATE YOUR TIME.
OKAY, UH, THE NEXT CASE BEFORE THE BOARD.
THE NEXT CASE BEFORE THE BOARD IS BDA 2 3 4 DASH 0 7 1 BDA 2 3 4 DASH 0 7 1.
THIS IS A HOLDOVER CASE FROM, UH, LET'S LOOK HERE A SECOND.
FROM, FROM JUNE 18TH, UM, AT 6 0 7 WEST DAVIS STREET.
IS THE APPLICANT HERE, PLEASE COME FORWARD.
JUST ONE SECOND, JEFF ON MY PAPER.
FOR THE PUBLIC'S, I WAS JUST LOOKING AT EMAILS THAT HAD COME TO US.
THERE WERE NO EMAILS THAT HAD COME TO US FOR, FOR INFORMATION FOR
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THE BOARD.UM, YOU HAVE FIVE MINUTES PLUS OR MINUS TO BE ABLE TO, UH, PRESENT YOUR CASE TO THE BOARD.
UM, UH, BUT FIRST SHE'S OUR BOARD SECRETARY'S GONNA SWEAR YOU IN AND, AND THEN YOU CAN PROCEED.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY ADDRESS IS 2121 NORTH JOSE LANE, SUITE 200.
I'M THE CIVIL ENGINEER FOR THIS PROJECT AND ALSO I HAVE PROVIDED THE LANDSCAPE PLANS FOR THE SITE.
I WAS OUT OF TOWN DURING THE LAST BOARD MEETINGS, SO I DIDN'T HAVE THE OPPORTUNITY TO, UH, PRESENT MY, UH, PROJECT, BUT, UH, I HEARD THAT THE LAST, UH, MEETING THEY HAD SOME DISCUSSIONS ABOUT THE EXISTING, UH, OAK TREE THAT THE PLAN CHOSE TO BE REMOVED.
AND AFTER I HAD THE DISCUSSION WITH, UH, MR. EVANS, UH, UH, WE DECIDED TO KEEP THAT TREE AND REDUCE THE SIZE OF THE BUILDING.
AND ALSO WITH SOME OF THE DISCUSSIONS WE DECIDE TO ADD AS MUCH SHRUBS AND, UH, SMALL TREES AS POSSIBLE TO COMPLY WITH THE CITY'S REQUIREMENTS.
AND I THINK THAT WE HAVE DONE IT.
THERE IS SOME, UH, ISSUES REGARDING THE STREET RIGHT OF WAY DEDICATIONS THAT DURING THE PLA UH, PROCESS, THE CITY HAS REQUESTED ABOUT FIVE AND A HALF OF FOOT OF, UH, RIGHT OF WAY DEDICATIONS ALONG A FOUR ACRE.
AND, UH, BUT THAT ONE IS FOR THE FUTURE.
THE EXISTING BUILDING ON THE SITE IS RIGHT AT THE RIGHT OF WAY LINE, WHICH IS INSIDE OF THE PROPOSED FIVE AND FIVE HALF FOOT OF THE RIGHT OF WAY DEDICATION.
WHEN I DISCUSS IT WITH THE CITY, THEY SAID THIS IS FOR THE FUTURE.
WE ARE NOT GONNA ASK YOU TO, UH, DEMOLISH THE BUILDINGS, ANYTHING.
THE CITY IS TRYING TO GET THE RIGHT OF WAY FOR THE FUTURE.
RIGHT NOW THERE ARE LOTS OF BUILDINGS PROBABLY ARE INSIDE OF THAT RIGHT OF WAY DEDICATIONS, BUT, UH, WE PROVIDING THE LANDSCAPE AS MUCH AS POSSIBLE, UH, INSIDE OF THAT, UH, RIGHT OF WAY, DEDICATION OF FIVE AND A HALF FOOT.
UH, IN THE FUTURE IF SOMETHING HAPPENS, IF THE BUILDING IS DEMOLISHED FOR SOME REASONS, THEY TRY TO, UH, PUT A NEW BUILDING, THEN AT THAT TIME WE WILL COMPLY AND WE PROBABLY, AND MOST LIKELY WE ARE GONNA REVISE THE LANDSCAPE PLANS AND MAKE SURE THAT EVERYTHING IS GONNA BE INSIDE THE PROPERTY.
BUT AT THIS POINT, THIS RIDE OF DEDICATION IS FOR THE FUTURE PURPOSES, BUT WE TRY TO COMPLY WITH THE CITY'S REQUIREMENTS AS MUCH AS POSSIBLE.
AND AS I SAID, I TRY TO MR. EVIDENCE AND WE TRY TO, UH, PROVIDE THE TREES AND SHOP AS MUCH AS POSSIBLE.
UM, QUESTIONS FOR THE APPLICANT? MR. HAITZ, YOU HAD SOME QUESTIONS THIS MORNING.
YOU, YOU DIDN'T WANNA FOLLOW UP ANY FURTHER? AND THEN I HAVE MR. BROOKS, SO DID YOU HEAR THE DISCUSSION THIS MORNING? YES, I WAS.
SO, UM, YOU'RE AWARE THAT WE HAVE THE, UH, ABILITY TO PLACE ADDITIONAL RESTRICTIONS ON YES.
THE LANDSCAPING IN THE FUTURE? YES.
UM, AND THERE'S NOT AN ISSUE WITH YOU WITH THAT? WE HAVE NO ISSUES WITH THAT.
IF THEY NEED TREES DIES OR IS NOT IN GOOD CONDITION, WE WILL REPLACE HIM.
AND MY CLIENT IS PLANNING TO KEEP ALL THE TREES AND MAINTAIN THEM.
YOUR YOUR WILLINGNESS TO MODIFY YOUR PLANS OF THE BUILDING IS I'M SURE VERY APPRECIATED.
UM, AND, AND VERY GOOD FAITH EFFORT ON YOUR PART TO THANK, MEET THE BOARD'S CONCERNS.
I HAVE A QUESTION WITH RESPECT TO THE THREE, I THINK THEY'RE ELM TREES THAT ARE IN THE LITTLE, UH, KIND OF JUD OUTS INTO THE STREET THAT'S NOT WITHIN YOUR LANDSCAPING PLAN.
AND YOU DON'T GET CREDIT FOR THOSE? NO.
IIII ONLY ASK THAT FOR MY OWN EDIFICATION BECAUSE ONE OF THE STANDARDS WE, WE CONSIDER HERE IS IF THERE'S LANDSCAPING THAT EXISTS FOR WHICH NO CREDIT IS GIVEN UNDER THE ARTICLE.
SO THERE ARE, THERE ARE THREE MORE TREES THAT TO THE UNTRAINED EYE WOULD LOOK AS THOUGH THEY'RE PART OF YOUR LANDSCAPING PLAN, BUT THEY'RE REALLY THE CITY'S TREES AND THE THEY ARE CITY'S TREES.
SO THAT'S A VERY GOOD QUESTION.
SO, MR. IRWIN, HOLD, HOLD TIGHT THERE.
SO MR. IRWIN, IF OWL, THAT'S TRUE.
WHO TAKES CARE OF THOSE TREES IF THEY, THE ADJACENT PROPERTY OWNER TAKES
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CARE OF THOSE TREES.SO HE'S RESPONSIBLE FOR IT? YES.
MEANING HE DOESN'T HAVE TO REPLACE 'EM IF THEY DIE? WELL, GENERALLY IF A TREE
WELL, IF, IF A TREE DIES, YES, BASICALLY THE ADJACENT PROPERTY OWNER IS RESPONSIBLE FOR REMOVING THAT TREE.
UH, AND THEN ALSO IF THERE IS TO BE A REPLACEMENT TO HANDLE THE REPLACEMENT OF THAT TREE.
YOU'RE AWARE OF THAT, SIR? YES.
THE TREES ENHANCES THE PROPERTY, SO I WE WOULD AGREE.