[00:00:01]
GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT.
[Board of Adjustments: Panel B on August 21, 2024.]
I'M SHERRY GABO AND I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF PANEL B.TODAY IS WEDNESDAY, AUGUST 21ST WITH THE TIME OF 1:05 PM AND I HEREBY CALL THE MEETING OF THE BOARD ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND ON HYBRID VIDEO CONFERENCE.
A QUORUM, WHICH IS A MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT, AND THEREFORE, WE CAN PROCEED WITH THIS MEETING.
UM, TODAY REPRESENTING THE PANEL IS MYSELF, SHERRY GABO.
WE HAVE SARAH LAND, JOE CANNON, AND ANDREW FINNEY.
UH, WE ALSO HAVE, UH, STAFF PRESENT.
WE HAVE MATTHEW SAPP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY BRYANT THOMPSON, OUR SENIOR PLANNER AND BOARD ADMINISTRATOR, DR.
OUR CHIEF PLANNER IS ATTENDING VIRTUALLY DIANA BARUM, OUR DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR CAMBRIA JORDAN, OUR SENIOR PLANNER, NORA NDA, OUR SENIOR PLANS EXAMINER, SARAH ARI, OUR SENIOR PLANS EXAMINER JASON POOL, OUR DEVELOPMENT SERVICE ADMINISTRATOR, MARY WILLIAMS, OUR BOARD SECRETARY OF MEETING MODERATOR, AND DAVID NAVAREZ, OUR TRAFFIC ENGINEER.
UM, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY WE, IN, IN WHICH, IN THE WAY IN WHICH THIS HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THIS TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
NO ACTION OR DECISION SETS PRECEDENT ON A CASE.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED DOCKET WITH WHICH EXPLAINS A CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EVIDENCE THAT YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD'S SECRETARY WHEN YOUR CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, A SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES FOUR AFFIRMATIVE VOTES, UM, WHICH MEANS THAT YOU MUST HAVE A HUNDRED PERCENT OF THIS PANEL IN ORDER TO GET A VARIANCE OF SPECIAL EXCEPTION OR REVERSAL.
UM, ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR, BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE.
AND FINALLY, ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON ANOTHER VIDEO TO ADDRESS THE BOARD.
THERE'LL BE NO TELECONFERENCING, WILL BE NO TELECONFERENCING WILL BE ALLOWED ON THE WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES IS NECESSARY IN ORDER TO MAINTAIN ORDER.
AND WITH THAT, WE WILL, UM, GET STARTED WITH THE APPROVAL OF THE MINUTES.
UM, I GUESS THE MODIFIED MINUTES, WHICH I'VE NOT SEEN, UM, DID WE GET THOSE EMAILED TO US, MARY, THE MODIFIED MINUTES? NO, THOSE WERE WE, UM, REVISED AND, AND SEND TO YOU.
SO WE'LL, WE'LL APPROVE THOSE AT THE NEXT MEETING.
UM, UM, YOU CAN VOTE ON IT AND, UM, AFTER WHATEVER MODIFICATIONS WE CAN UP YOU OR IF I MAY, UM, NO.
UM, SO I THINK, UM, WE REVIEWED THE MINUTES.
THERE WERE A FEW ERRORS IN TERMS OF WHO IT PRESENT AND WHO VOTED IN LAST, UM, MEETING HEARING, WHICH IS IN MAY OF 2024.
UM, I THINK SOME SUGGESTIONS ON CHANGES ON THE MINUTES WERE MADE DURING BRIEFING, BUT I THINK WE HAVE TO MAKE AN ADDITIONAL CHANGE.
I I THINK YOU CAPTURED ALL OF THOSE WITH THE, I THINK SHE GOT ALL OF THOSE.
NO, BECAUSE HE SAID HE WAS PRESENT.
CORRECT, BUT NO, SHE, I EMAILED.
UH, MR. UH, PHIL SA AND DR. GLOVER WERE PRESENT AND, UH, UM, MS. LAMB AND MS. UH, MR. NOTAL WERE ABSENT AND MS. CHAIR GABO LEFT.
SO I'D MIGHT MAKE A MOTION TO HOLD OVER APPROVING OF THE MINUTES UNTIL THE NEXT PUBLIC HEARING.
YES, BUT IF ANYBODY WANTS TO, I SECOND THAT MOTION.
LET'S AT THE NEXT MEETING THEN, UM, DO WE HAVE ANY, UM, PUBLIC TESTIMONY TODAY? NO REGISTER SPEAKERS.
AND, ALRIGHT, WELL THEN WE CAN START OUR, UM, START THE AGENDA.
WE'LL START WITH OUR UNCONTESTED CASES.
UM, SO WE'LL START WITH OUR UNCONTESTED DOCKET.
[00:05:01]
DO I HAVE A MOTION FOR THE UNCONTESTED DOCKET? MS. LAMB? I MOVE THAT THE BOARD OF ADJUSTMENTS 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, THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT, UH, BDA 2 3 4 DASH 0 9 4 APPLICATION OF ROB BALDWIN.FOR A SPECIAL EXCEPTION TO THE FENCE OPACITY REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE FOR OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED.
THE MOST RECENT VERSION OF ALL SITE SUBMITTED SITE PLANS ARE REQUIRED.
BDA 2 3 4 DASH NINE FOUR APPLICATION OF ROD BALL ROB BALDWIN FOR A SPECIAL EXCEPTION TO THE VISIBILITY OBSTRUCTION REGULATIONS IN DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE TO THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO THE PORTION, UH, IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED.
BDA 2 3 4 DASH 1 0 2 APPLICATION OF JENNIFER PRIMO FOR A SPECIAL EXCEPTION TO DEFENSE HEIGHT.
REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED, UH, SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE TO HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED THE MOST RECENT VERSION OF ALL SMITH AND SITE PLANS ARE REQUIRED.
DO I HAVE A SECOND? I SECOND THAT MOTION.
UH, DO WE HAVE ANY DISCUSSION? CAN WE HAVE A ROLL CALL VOTE MS. LAMB? AYE.
SO OUR FINAL THREE CASES OF THE DAY, UM, UH, HAVE ALL ASKED FOR, UM, EXTENDED TIME.
UM, WE WILL BE HEARING THOUGH BDA 2 3 4 DASH 0 9 7 61 21 EAST LOVE LANE.
UM, SO I'D LIKE TO ADDRESS, UM, THE CASE ON, ON THE TWO CASES ON KELSEY ROAD AND, UM, I'D LIKE TO, UM, GET A MOTION FROM THE FLOOR ON BDA 2 3 4 DASH 0 9 6, UM, 53 25 KELSEY ROAD.
UM, WE CAN, UM, HEAR THIS CASE OR WE CAN HOLD THE MATTER OVER UNTIL SEPTEMBER.
QUESTION IS WE HAVE PEOPLE IN THE AUDIENCE IN REGARDS TO, WE HAVE TWO CASES ON, ON KELSEY.
WE HAVE TWO CASES ON KELSEY AND I BELIEVE WE HAVE, UM, APPLICANTS AND, UM, PEOPLE HERE TO SPEAK ON THE CASE TODAY.
THIS CASE WERE THE OTHER, I BELIEVE BOTH CASES ARE Y'ALL FOR BOTH CASES? CORRECT.
UM, MY QUESTION IS, IS THE APPLICANT HERE TODAY? IS THE APPLICANT IN THE ROOM TODAY OKAY.
UM, I MEAN, I I THINK SINCE WE HAVE BOTH THE APPLICANT HERE AND PUBLIC THAT WE AT LEAST HEAR THE CASE, WE CAN DETERMINE, UM, ONCE WE HEAR IT HOW WE WANNA PROCEED.
UM, IF, IF WE HEAR BOTH SIDES THE CASE WE DETERMINE MAYBE MORE TIME IS NEEDED FOR PUBLIC INPUT OR FOR THE APPLICANT AND THE NEIGHBORS TO WORK TOGETHER, THEN WE CAN MAKE THAT DECISION AFTER HEARING, UH, THE CASE.
THERE'S, THERE'S BEEN A REQUEST FROM THE APPLICANT TO HOLD OVER THE CASE TILL SEPTEMBER.
WE ALSO HAVE THE PUBLIC THAT'S COME TO SPEAK IN REGARDS TO THE CASE AND WE HAVE LETTERS OF OPPOSITION.
SO IT'S IN FRONT OF US RIGHT NOW TO DETERMINE DO WE, DO WE GRANT THE, THE REQUEST TO HOLD OVER TILL SEPTEMBER OR DO WE HEAR THE CASE, UM, GIVEN THAT THERE'S PUBLIC HERE AND THE APPLICANT'S HERE, WE DON'T NEED A MOTION TO DECIDE THAT.
I THINK WE JUST NEED TO DECIDE IF WE'RE GOING TO PUT A MOTION ON THE FLOOR TO HOLD IT OVER OR IF WE'D LIKE TO HEAR THE CASE.
I'M, UM, WE DID NOT, I, I'M GOING TO RECOMMEND THAT WE HEAR, UM, UM, BOTH THE 53 25 KELSEY ROAD AND THE 53 22 KELSEY ROAD BEFORE WE HEAR THE LOVER'S LANE CASE, UM, JUST TO, UM, MAXIMIZE EV EVERYBODY'S TIME AND WE'LL DO THOSE BACK TO BACK VERSUS WHAT'S ON THE AGENDA.
WELL, IF, UM, WE CAN HEAR FROM, UM, THE APPLICANT AT 53 25 KELSEY ROAD, BDA 2 3 4 DASH 0 9 6, PLEASE SWEAR IN, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE PROCEED
[00:10:27]
MS. LIAM.SO WHAT KIND OF, UM, WE SAW SOME LETTERS HERE AND THINGS HAVE OBVIOUSLY CHANGED FOR BOTH THESE CASES, BUT HOW MUCH OUTREACH HAVE YOU MADE TO THOSE, UM, YOU KNOW, WITHIN THE REPORTINGS OF THE NEIGHBORS? THERE'S QUITE A FEW NEIGHBORS HERE.
UM, AND WHAT, WHAT SORT OF CONTINUED OUTREACH WOULD YOU HAVE? UM, IF, IF YOU'RE AGREEING TO THE NEXT AN EXTENSION HERE? UM, IS YOUR MICROPHONE ON? JUST WE'RE HAVING A LITTLE, WELL, WE CAN, UM, I UNDERSTAND THAT SOME FOLKS ONLINE CANNOT HEAR YOU, SO THAT'S WHAT I WAS DOUBLE CHECKING.
OH, NOW IT'S ON IT, IT WAS GREEN.
DO NOT GREEN AND, UH, I'M SORRY.
UM, PETER KAVANAUGH, 1620 HANLEY DRIVE DALLAS REPRESENTING THE APPLICANT, CHARLES ANDERSON.
UH, PER WHAT WE JUST SAID OFF MY, UH, WE WERE REQUESTED THIS CASE BE HELD, UH, TO THE SEPTEMBER MEETING, UH, AND TO THE QUESTION THAT CAME TO ME THAT, UH, WHAT HAVE YOU DONE TO REACH OUT TO THE NEIGHBORS? OUR, OUR OWNERS, IN FACT DID GO TO DOOR TO DOOR TO NEIGHBORS AROUND US.
WE HAVE A NUMBER OF SUPPORT LETTERS, WHICH YOU HAVE ALREADY.
UH, YOU SAW THOSE REPRESENTED ON A MAP THIS MORNING IN THE BRIEFING.
UH, BUT THERE ARE OTHER NEIGHBORS WHO GENERALLY, EXCEPT FOR TWO, I BELIEVE ARE OUTSIDE THE NOTICE AREA AND A A, SOME DISTANCE AWAY BEYOND WHERE OUR OWNERS WALKED, IF YOU WILL, TO THEIR NEIGHBORS.
UH, AND I BELIEVE THOSE ARE THE PEOPLE HERE, ALTHOUGH I DON'T, I DON'T KNOW ANY OF THE FOLKS WHO ARE HERE.
UH, WE LEARNED YESTERDAY FROM THE NEIGHBOR JUST IMMEDIATE TO OUR EAST THAT, UH, THEY WOULD BE OPPOSING THIS, THIS REQUEST AS OPPOSED TO NOT BEING THRILLED ABOUT IT, NOT SAYING ANYTHING.
UH, SO WE CERTAINLY WANT TO CONTINUE TO WORK WITH THEM AND, UH, UH, ARE, AGAIN, WE HUMBLY REQUEST THAT YOU HOLD THE CASE WHILE WE CAN VISIT WITH THEM AND SEE IF WE CAN ADDRESS ISSUES THAT, UH, THAT THEY HAVE.
WELL THEN WE WILL, UM, I GUESS WE'LL HEAR FROM THE OPPOSITION.
SO IF YOU ARE REGISTERED TO SPEAK AND YOU WOULD LIKE TO COME FORWARD AND YOU HAVE, AND YOU EACH HAVE FIVE MINUTES, MS. ALLEN WOULD LIKE TO PRESENT THE BOARD WITH 11 PAGES.
I MAKE, I MAKE A MOTION TO SUSPEND THE, THE RULES CONCERNING THE AMOUNT OF DOCUMENTS WE CAN HAVE AND WE'LL ACCEPT THOSE.
CAN I ASK THAT WE PASS ONE OUT TO THE A APPLICANT'S REPRESENTATIVE AS WELL, PLEASE? MAY I HAVE A YAY OR NAY ON OUR MOTION? I, JOE CANNON YAY OR YEAH, ANDREW, YOU GIVE HER THAT? YES.
THAT MOTION PAT? SORRY, THAT, SO THE, THE TWO HAND UP ONE HAS
AND, UM, THE BOARD SECRETARY IS GOING TO SWEAR IN EVERYBODY THAT WOULD LIKE TO SPEAK ON THIS CASE, SO IF YOU ARE PLANNING TO SPEAK, IF YOU CAN STAND UP, THAT WOULD BE GREAT.
DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
AND THEN WHEN YOU COME FORWARD, YOU'LL JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.
[00:15:02]
MS. JULIE ALLEN.MY NAME IS JULIE ALLEN AND I LIVE AT 53 37 KELSEY ROAD.
THANK YOU FOR THE OPPORTUNITY TO EXPRESS MY FAMILY'S OPPOSITION TO THE HEIGHT VARIANCE REQUESTED BY THE OWNERS AT 53 25 KELSEY ROAD.
WE ARE THEIR IMMEDIATE NEIGHBORS TO THE EAST.
MY FIRST HANDOUT, THIS ONE SHOWS ALL 19 HOMES ON KELSEY ROAD IN THE MAYFLOWER ESTATE NEIGHBORHOOD.
ALL 19 HOMES ON KELSEY OF THE 19 HOMES ON KELSEY, FIVE HAVE FENCES AT THE STREET LEVEL AND ALL ARE AT FOUR FEET TALL NOW.
THEN IF YOU'LL LOOK AT MY SECOND HANDOUT, 53 25 KELSEY ROAD CURRENTLY HAS A FOUR FOOT FENCE WITH SHRUBS AT THE SAME HEIGHT AND TWO FOUR FOOT RIGHT IRON, SEE-THROUGH GATES AT THE STREET LEVEL AND BEHIND THE FOUR FOOT FENCE AND GATES.
THEY HAVE AN ADDITIONAL SECURITY MEASURE, WHICH I'VE HIGHLIGHTED A SIX FOOT STUCCO WALL CALLED COVERED IN IVY WITH A SOLID GATE AT LEAST SIX FEET TALL, CREATING A COURTYARD AND ADDITIONAL BARRIER BEFORE REACHING THE FRONT DOOR.
THEY ALSO HAVE ANOTHER SIX FOOT SOLID GATE LEADING TO THE GARAGE AREA.
ON BOTH SIDES OF THEIR PROPERTY, THERE IS A FOUR FOOT FENCE WITH AN IMPENETRABLE WALL OF SHRUBS, SIX TO EIGHT FEET TALL.
THEY'RE REQUESTING TO REPLACE THEIR COMPLIANT FOUR FOOT FENCE AND GATES AT THE STREET LEVEL WITH A SEVEN AND A HALF TO FIVE FOOT FENCE.
IT'S UNCLEAR IN THEIR DOCUMENTS WHICH ONE IT IS WITH AN EIGHT FOOT WITH EIGHT FOOT COLUMNS PLUS EIGHT FOOT SHRUBS BEHIND, IN ESSENCE CREATING AN EIGHT FOOT WALL.
AND THE KICKER FOR US IS THEY WANT TO ADD TWO, SEVEN AND A HALF FOOT SOLID GATES AT THE STREET LEVEL, LIKE THE ONE LEADING TO THAT GARAGE AREA.
SO ESSENTIALLY THEY'RE HOPING TO CREATE A WALLED COMPOUND THAT IS NOT IN KEEPING WITH A NEIGHBORHOOD.
THEIR BEAUTIFUL HOME WOULD LOOK VERY SIMILAR TO 1 0 2 2 7 GAYWOOD WITH ITS SOLID EIGHT FOOT TALL GATES AND EIGHT FOOT SHRUBS, WHICH YOUR BOARD DENIED WITH PREJUDICE IN MARCH OF 2023.
NOW THEN ON THE SECOND PAGE HERE OF THIS HANDOUT, IF I MAY DRAW YOUR ATTENTION TO THE NEXT TO THIS PICTURE DOWN HERE.
THIS IS US TRYING TO PULL OUT OF OUR DRIVEWAY, AND THAT IS 53 25 KELSEY ON THE RIGHT SIDE OF THE PHOTO WITH JUST ONE SERVICE VEHICLE, VEHICLE PARKED IN FRONT, OFTEN IT IS TWO OR MORE, WE HAVE TO INCH OUT VERY SLOWLY ONTO THE STREET AND HOPE NO CARS COMING BECAUSE WE CAN'T SEE THEM AND THEY CAN'T SEE US.
IN ADDITION TO THAT SAFETY ISSUE, IS THE CONCERN FOR NOT BEING ABLE TO SEE WHAT IS GOING ON BEHIND A WALLED COMPOUND.
IF THERE IS A FIRE AND THE OWNERS WERE NOT HOME, WHO WOULD BE ABLE TO SEE IT? HOW WOULD EMERGENCY VEHICLES GET IN THROUGH A SEVEN AND A HALF TO EIGHT FOOT FENCE WITH EIGHT FOOT SHRUBS AND TWO SOLID SEVEN AND A HALF FOOT GATES? THIS TYPE OF STRUCTURE IS A DANGER TO THE IMMEDIATE NEIGHBORHOODS AND OUR PROPERTIES.
WE HOPE YOU UNDERSTAND THE CONCERN FOR OUR NEIGHBORHOOD AND OUR SAFETY.
MANY GATED COMMUNITIES IN DALLAS OFFER TALL SECURE FENCING AND 24 HOUR MANNED NCES MAY.
FLOWERS ESTATES IS A NEIGHBORHOOD, NOT A GATED COMMUNITY, AND WE, THE ALLEN FAMILY, DO NOT WANT TO LIVE NEXT TO AN EIGHT FOOT WALLED COMPOUND.
ELIZABETH WINSLOW, I HAVE A, I HAVE A HANDOUT ALSO FOR EVERYONE
THANK YOU FOR THE OPPORTUNITY TO TALK WITH YOU.
I LIVE AT 1 0 1 1 1 GAYWOOD ROAD WHERE I HAVE LIVED FOR ALMOST 40 YEARS, AND I AM VERY SORRY TO HAVE TO BE HERE AGAIN.
I WAS HERE IN MARCH, 2023 OPPOSING THE EIGHT FOOT TALL SOLID BLACK GATES, WHICH WERE BUILT WITHOUT A PERMIT AT 1 0 2 2 7 GAYWOOD NEAR MY HOME.
AND I JUST PASSED OUT PICTURES OF THOSE GATES.
THOSE GATES, THEIR REQUEST WAS DENIED WITH PREJUDICE HERE BY YOU.
AND YET THESE UNSIGHTLY GATES IN CONTINUE TO STAND.
[00:20:02]
NOW ANOTHER NEIGHBOR ON KELSEY ROAD IS REQUESTING PERMISSION TO BUILD TALL FENCES AND GATES.I WALK BY THIS PROPERTY ALMOST EVERY DAY, THE PROPERTY OWNER SITE SECURITY REASONS, DESPITE THE FACT THAT WE HAVE A NEIGHBORHOOD POLICE PATROL EVERY EVENING UNTIL ABOUT 5:00 AM THE POLICE PATROL IS COMPOSED OF DALLAS POLICE OFFICERS.
I JUST ASKED A WEEK AGO WHAT OUR CRIME RATE WAS.
OUR CRIME RATE IS VERY LOW CONSISTING PRIMARILY OF CONSTRUCTION SITE CRIMES.
OUR NEIGHBORHOOD CALLED THE MAYFLOWER ESTATES HAS ABOUT 150 PROPERTIES.
IT WAS NOT BUILT IN THE TYPICAL GRID FORMATION.
IT HAS CURVY STREETS AND OPEN YARDS.
IT PROJECTS AN OPEN FRIENDLY FEEL, WHICH HAS ATTRACTED MANY OF US TO BUY HOMES HERE.
IF NEIGHBORS ARE ALLOWED TO BUILD TALL FENCES AND GATES, OUR NEIGHBORHOOD WILL SOON LOOK LIKE MANY COMPOUNDS AND OUR PROPERTY VALUES WILL SURELY DECREASE.
I ASK YOU TO DENY THIS REQUEST TO BUILD TALL FENCES AND GATES.
THANKS FOR YOUR CONSIDERATION.
I ALSO WANTED TO LET YOU KNOW, UM, WITH RESPECT TO THE HOUSE ON GAYWOOD, UM, YOU CAN CALL 3 1 1 AND START A TICKET.
UM, SO THAT CODE COMPLIANCE WILL COME OUT AND CITE THEM IF YOU HAVE NOT ALREADY DONE THAT FOR THE HOUSE THAT HAS NOT TAKEN DOWN THE GATES THAT WE RULED ON.
OH, THAT'S HOW YOU, THAT WOULD BE THE WAY TO HANDLE THAT IS TO CALL THREE ONE ONE.
YOU CAN ALSO CALL YOUR CITY COUNCIL PERSON, UH, OH, SORRY.
I AM SEEING HERE IT LOOKS LIKE, UM, WITH THAT PARTICULAR CASE, GRANTED NO CASE THAT'S PRECEDENT THAT A COMPROMISE HAS REACHED BETWEEN THE CITY AND AS LONG AS THE HOMEOWNERS, UH, LEAVE THE GATE OPEN WHERE IT'S NOT VISIBLE, THEN IT CAN REMAIN IS WHAT I'M SEEING HERE.
I DON'T KNOW IF THAT'S THE CASE OR NOT.
NO, I DON'T THINK, I DON'T THINK, NO, I DON'T THINK THAT'S WHAT WAS RULED.
SO IF, IF YOU WOULD, THAT GATE BASED ON THE RULING AT THE BOARD OF ADJUSTMENTS, IT SHOULD BE TAKEN DOWN UNLESS THERE'S BEEN A DIFFERENT AGREEMENT MADE WITH THE NEIGHBORS.
AND YOU CAN CALL YOUR CITY COUNCIL PERSON, I BELIEVE IS GAY WILLIS.
AND YOU, AND OR YOU CAN ALSO CALL 3 1 1 AND START THE PROCESS.
THEY'LL GIVE, THEY'LL GIVE YOU A CASE NUMBER AND ONCE FORMAL COMPLAINTS HAVE COME OUT, UM, CODE COMPLIANCE WILL COME OUT AND HELP TAKE CARE OF THAT FOR YOU.
I KNOW THE CODE COMPLIANCE OFFICER VERY WELL AND NOTHING HAS HAPPENED AND WE HAVE TALKED WITH GAY WILLIS AND NOTHING HAS HAPPENED.
DOES STAFF HAVE ANY, UM, ANY RECOMMENDATION FOR THE NEIGHBORS IN REGARDS TO THAT PREVIOUS BOA CASE WHEN THEY REACH OUT TO THEIR COUNCIL MEMBER AND TWO ON ONE, WHAT SORT OF RELIEF THE NEIGHBORS CAN GET? ARE YOU REFERRING TO 1 0 2 2 7 GAYWOOD? YES.
SO I SENT THE EMAIL TO JESSICA HERNANDEZ, WHO'S SHE ISSUES PER, SHE'S THE SUPERVISOR WHO ISSUES PERMITS AT THE PERMIT CENTER.
AND I ASKED HER TO TAKE A LOOK INTO IT, AND SO AT SOME POINT IN TIME THEY WILL TAKE A LOOK INTO IT, UM, AND, AND GO FROM THERE.
BUT IT HAS BEEN NOTIFIED AND SOMEONE WILL BE CHECKING.
WE'VE NOTIFIED CITY STAFF TO LOOK INTO THAT FURTHER IN TERMS OF 1 0 2 2 7 GATEWOOD.
HELLO, I'M HARRY ANN WALLENSTEIN.
MY HUSBAND DAVID AND I HAVE LIVED IN THIS NEIGHBORHOOD IN THE SAME HOUSE FOR 38 YEARS.
CAN YOU STATE YOUR, UH, NAME, YOUR ADDRESS AS WELL? OH ONE, MY ADDRESS IS 1 0 1 2 2 GAYWOOD ROAD.
WE OPPOSE THE CONSTRUCTION OF THESE TALL FENCES FOR REASONS ALREADY SPOKEN OF TODAY.
I LIVE AT 5 1 2 5 METERS LANE.
[00:25:01]
THE CONSTRUCTION OF THE FENCES AND THE GATES THAT ARE TALLER THAN CODE REQUIRES OR ALLOWS.AND, UM, MY 6-YEAR-OLD AND 4-YEAR-OLD GRANDDAUGHTER LIVE WITH ME AND I AM ON A DIFFERENT STREET AND, BUT IT, WE WALK THE NEIGHBORHOOD, EVERYBODY IN OUR NEIGHBORHOOD WALKS THROUGH THE WHOLE NEIGHBORHOOD WITH CHILDREN AND DOGS, AND IT REALLY ISN'T SAFE FOR THEM WHEN THERE'S A TALL, TALLER GATE OR FENCE LIKE THE ONE THAT YOU ALL WERE TALKING ABOUT ON GAYWOOD.
YOU HAVE TO BE REALLY, REALLY CAREFUL AND WAIT AND MAKE SURE AND HOPE YOUR KIDS DON'T GET IN FRONT, IN FRONT OF YOU ON THEIR LITTLE BICYCLES BECAUSE YOU CAN'T SEE WHAT'S COMING OUT THAT GATE.
AND SO I LIKE EVERYBODY HERE WITH ME OPPOSED THE CONSTRUCTION OF THIS.
UM, I HAVE A QUESTION ACTUALLY FOR, UM, FOR YOU.
UM, HAVE APPLICANT OR APPLICANT'S REPRESENTATIVE REACHED OUT TO YOU? NO, NOBODY HAS.
UM, DO YOU THINK THAT WOULD BE A HELPFUL PRACTICE, UM, IF THEY WERE TO SIT DOWN WITH YOU AND, AND THE NEIGHBORS TO DISCUSS, UM, KIND OF WHAT THIS PROJECT LOOKS LIKE FOR THEM? UM, I SUPPOSE IT COULDN'T HURT.
I, I'M ALWAYS, I ALWAYS LIKE TO, YOU KNOW, BUILD BRIDGES RATHER THAN FENCES, SO RIGHT.
YEAH, I DON'T THINK THAT WOULD HURT AT ALL.
ARE THERE ANY OTHER SPEAKERS IN OPPOSITION? OH, YEP.
THANK YOU FOR ALLOWING ME AN OPPORTUNITY TO SPEAK ON IN PROTEST, UH, OF THESE, OF THIS CONSTRUCTION, OF THESE REBATES.
MY NAME IS DAVID ELMQUIST, MY WIFE ALICE, AND I LIVE AT 5 3 5 1 KELSEY ROAD.
WE RECEIVED NOTICE OF IN THESE PROCEEDINGS TODAY, BECAUSE WE LIVE WITHIN 200 FEET OF EACH OF THESE HOUSES.
I, UH, EXCUSE ME, MR. KAVANAUGH INDICATED THAT THERE HAD BEEN AN EFFORT TO SPEAK TO NEIGHBORS.
DOOR TO DOOR WE'RE TWO HOUSES DOWN FROM THE ANDERSONS, BUT NO ONE AT THAT HOUSEHOLD CONTACTED US ABOUT THIS CONSTRUCTION.
LIKE OUR, MY OTHER NEIGHBORS THAT HAVE SPOKEN IN OPPOSITION TO THESE, UH, GATES THAT THE ANDERSON HAVE IN MIND CONSTRUCTING.
UH, WE ARE OPPOSED TO IT BECAUSE MAYFLOWER ESTATES IS AN OPEN NEIGHBORHOOD, MOSTLY RANCH HOMES WITH WIDE OPEN YARDS.
IT'S A, IT'S A NEIGHBORHOOD THAT IS OPEN AND FRIENDLY.
TALL GATES ARE NOT CONSISTENT WITH THE LOOK AND FEEL OF THIS NEIGHBORHOOD.
AND IF THIS EXCEPTION IS ALLOWED, WE, WE FEEL THAT OTHER NEIGHBORS WILL BE FOLLOWING SUIT TO SEEK PERMISSION TO BUILD THEIR OWN GATES.
SO WHAT WE WILL END UP WITH IN, IN GA IN, UH, THIS, THIS NEIGHBORHOOD IS MANY, MANY COMPOUNDS THAT TOTALLY DETRACT FROM THE LOOK AND FEEL OF THE NEIGHBORHOOD NEIGHBORHOOD THAT NOW EXISTS.
THERE'S A REASON FOR THIS REQUIREMENT THAT GATES NOT BEING MORE THAN 404 FEET TALL, UH, THAT THIS WAS IMPLEMENTED MANY YEARS AGO AND IT, AND IT WAS DONE TO PROTECT THE VISUAL BEAUTY AND APPEAL OF NEIGHBORHOODS AND CONSTRUCT TALL FENCES AND GATES THAT THE ANDERSONS HAVE REQUESTED IS NOT CONSISTENT WITH THAT POLICY, AND IT'S NOT CONSISTENT WITH WHAT WE CONSIDER TO BE GOOD NEIGHBORS.
THEREFORE, WE LIKE OUR, MY OTHER NEIGHBORS HERE ARE OPPOSED TO THE CONSTRUCTION OF THESE GATES AND WALLS.
ARE THERE ANY QUESTIONS FOR ANY OF THE SPEAKERS IN THAT GROUP? MR. KAVANAUGH, WOULD YOU LIKE A CHANCE TO I'M, OH, OH, IS THERE ANOTHER SPEAKER? I HAVE ONE MORE SPEAKER ONLINE.
SORRY, MS. ELAINE EVERETT, CAN YOU PLEASE PROVIDE VIDEO AND AUDIO? I HAVE AUDIO.
CAN YOU HEAR ME? YES, YOU HAVE TO BE, YOU HAVE TO BE ON VIDEO AS WELL.
I'M HAVING TROUBLE WITH MY VIDEO.
CAN YOU SEE ME NOW? NO, WE, WE DON'T SEE.
UM, I'M GONNA HAVE TO SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE STATE YOUR NAME AND ADDRESS.
YES, MY NAME IS ELAINE EVERETT AND I, MY ADDRESS IS
[00:30:01]
5 1 0 6 KELSEY ROAD, AND I AM, I HAVE WRITTEN YOU ALL A LETTER AND I'M, UH, DEFINITELY OPPOSED, UH, TO THIS, THIS, UH, UH, REQUEST FOR A TALL FENCE.UH, AS I FEEL THAT THIS HEIGHT OF THIS IS UNUSUAL, IT'S INCOMPATIBLE TO A 70-YEAR-OLD MAYFLOWER ESTATES.
UH, EVERYONE HAS COMPLIED WITH FOUR FOOT FENCES.
AND I WILL GIVE YOU AN EXAMPLE.
WE WERE HIT REALLY HARD BY THE TORNADO FOUR AND A HALF YEARS AGO.
AND THE NEIGHBOR ACROSS THE STREET FROM US, THERE WERE FOUR OF US THAT WERE ACTUALLY BARRICADED IN BY ALL THE TREES THAT FELL.
SHE HAS A FOUR FOOT FENCE AND THE ONLY, AND WE HAD TO HELP HER GET OVER HER FENCE TO GET OUT OF HER HOME, UH, TO SAFETY.
THE, THERE'S A REASON THAT THE DALLAS POLICE AND THE FIRE DEPARTMENT, YOU KNOW, ASK AND SAY THAT THESE REALLY TALL FENCES AND GATES ACTUALLY HINDERED THEIR ABILITY TO RESPOND QUICKLY TO EMERGENCIES.
HAD SHE HAD A SIX OR EIGHT FOOT FENCE, IT WOULD'VE BEEN EXTREMELY DIFFICULT FOR US TO HELP REMOVE HER TO SAFETY.
SO I JUST WANTED TO GIVE YOU AN EXAMPLE OF, OF WHY IT'S IMPORTANT TO COMPLY WITH THESE FOREFOOT FENCES.
UM, AND ALSO IN REGARDS TO WHAT HAS BEEN PRE PREVIOUSLY SAID, WE'VE LIVED IN THE NEIGHBORHOOD FOR 35 YEARS AND WE WERE ATTRACTED BY THE BEAUTY AND THE OPENNESS OF THE FRONT YARDS, AS WELL AS THE COMRADERY AMONG NEIGHBORS.
OUR NEIGHBORHOOD HAS ALWAYS PRIDED ITSELF IN MAINTAINING AN INTERACTIVE FAMILY FRIENDLY FEEL.
THEN THIS AUDIENCE CAN EASILY BE LOST WHEN NEIGHBORS ARE ALLOWED TO WALL THEMSELVES OFF FROM EACH OTHER, CREATING A COLD UNINVITING COMPOUND.
AND AS HAS BEEN PREVIOUSLY SAID, THERE ARE MANY NEIGHBORHOODS IF YOU WANT TO DO THAT, LIKE WHERE WE'RE CURRENTLY HAVING TO LIVE WITH SEVEN AND EIGHT FOOT FENCES AND GATES.
AND WHICH OH BY THE WAY, DON'T KEEP ANYONE OUT
AND, UH, BECAUSE THEY GET OVER THE FENCES NO MATTER WHAT.
AND THIS IS IN PRESTON TRAILS I MIGHT ADD, WHERE IT ALSO HAS POLICE, PATROL AND EVERYTHING ELSE.
SO ALL THESE SEVEN AND EIGHT FOOT FENCES AND GATES DO IS JUST KINDER, EMERGENCY RESPONSES.
UM, AND I WOULD LIKE TO ASK, WHY SHOULD TWO PEOPLE BE ALLOWED TO DESTROY THE INTEGRITY AND THE COMMUNITY OF A 70-YEAR-OLD NEIGHBORHOOD, UM, AND SET OF PRECEDENTS THAT, YOU KNOW, THAT OUR NEIGHBORHOOD HAS WORKED SO HARD TO MAINTAIN? UM, IT WOULD ALSO MAXIMIZE A VISUAL IMPACT.
AND, AND, AND IT DOES CREATE, UM, BLOCKAGE, YOU KNOW, FOR NEIGHBORS WHEN THEY'RE TRYING TO WALK THEIR DOGS OR WALK THEIR CHILDREN OR GRANDCHILDREN AND, UH, AND DOWN THE STREETS.
UM, YOU KNOW, I PRIDED MYSELF, YOU KNOW, VISITING WITH MY NEIGHBORS AND IF I SEE A PAPER OR IF I SEE A PACKAGE ON THE FRONT PORCH AND I KNOW THEY'RE OUT OF TOWN, YOU CAN PICK IT UP AND TAKE IT AND PUT IT ON THEIR FRONT PORCH.
MY CHILDREN ALWAYS FELT FREE TO GO TO THE NEIGHBOR'S FRONT DOORS TO TRICK OR TREAT OR TO SELL THE RAFFLE TICKETS FOR THEIR SCHOOLS.
SO ALLOWING A FENCE OF THIS, THESE FENCES OF OVERSIZED PROPORTION WOULD NOT ONLY BE AESTHETICALLY UNAPPEALING, BUT ALSO NEGATIVE, NEGATIVELY IMPACT OUR DOOR TO DOOR INTERACTION, WHICH WE HAVE CHERISHED IN THIS NEIGHBORHOOD.
AS I HAVE STATED, I HAVEN'T BEEN THERE 70 YEARS, BUT I HAVE BEEN THERE FOR 35 YEARS.
UH, AND I KNOW THAT, AND I'VE MENTIONED THIS BEFORE, BECAUSE THE DALLAS POLICE, THEY'VE TOLD US THAT THESE FENCES ENCUMBER THEIR ABILITY, UH, FOR EMERGENCY VEHICLES TO ENTER A RESIDENCE, UH, ALLOWING, YOU KNOW, RESPONSE TIMES TO BE, UM, NOT WHAT THEY NEED TO BE.
SO I, I IMPLORE YOU TO UPHOLD YOUR ORDINANCES.
AND, UH, THE OTHER THING I WOULD'VE ADD TOO, IT'S THAT
[00:35:01]
WE HAVE MANY NEIGHBORS THAT HAVE COMPLIED WITH THIS FOUR FOOT FENCE, VER FOUR FOOT FENCE STANDARD THAT THE CITY ESTABLISHED THAT.AND SOME OF THEM WANTED TO BILL 6, 7, 8 FOOT FENCES, BUT WERE DENIED.
SO I YOUR TIME IS, UH, VERY UNFAIR TO THESE OTHER NEIGHBORS.
THANK YOU VERY MUCH FOR COMING TO SPEAK.
DO YOU HAVE ANYBODY ELSE? NO, THE SPEAKERS REGISTER, MA'AM.
UM, UH, WOULD YOU LIKE TO MAKE A REBUTTAL, MR. KAVANAUGH? UH, I WOULD JUST REPEAT THE REQUEST THAT THE CASE BE HELD, UH, AND, UH, CERTAINLY WANNA WORK WITH THE NEIGHBORS AND, UH, THEIR, UH, UH, THEIR COMMENTS WERE EXTREMELY CLEAR.
I, I MEAN, AFTER LISTENING TO THE NEIGHBORS, UM, IT DOESN'T SOUND LIKE THEY WANT ANYTHING OVER FOUR FEET.
DO YOU THINK YOUR CLIENT IS GOING TO AGREE TO THAT? I DON'T KNOW.
UH, WELL THE, A A VERY STRONG POINT MADE WAS MADE THAT WE'RE GONNA HAVE SOLID GATES.
THERE'S NO SOLID GATES, FOR EXAMPLE.
DO YOU HAVE ANY, ANYBODY HAVE ANY QUESTIONS FOR MR. KAVANAUGH? NO, YOU MAY NOT, UNFORTUNATELY.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 9 6 HOLD THIS MATTER UNDER ADVISEMENT UNTIL SEPTEMBER 18TH, 2024.
I, JOE CANNON SECOND, THAT MOTION.
UM, I, I, UH, HEARING THE TESTIMONY AND HEARING THE APPLICANT, THE APPLICANT REQUESTED TO, TO HOLD OVER, I'M HEARING THE TESTIMONY FROM THE NEIGHBORS, UM, AND SOME INPUT THAT MAYBE DISCUSSIONS BETWEEN THE APPLICANT AND THE NEIGHBORHOOD WOULD PROBABLY BE FRUITFUL.
UM, SO I I, I WANTED TO HOLD THIS OVER, UM, UNDER ADVISEMENT SO THAT MAYBE THE, THE TWO PARTIES CAN COME TOGETHER AND WORK TO MAYBE SOME COMPROMISE, UM, OR AT LEAST, YOU KNOW, HAVE THE DISCUSSION.
I THINK IT'S IMPORTANT TO INVOLVE AND INVOLVE THE NEIGHBORS HERE WHEN YOU'RE ASKING FOR A SPECIAL EXCEPTION OF HEARING.
DO I HAVE THE DATE WRONG? I SAID SEPTEMBER 18TH.
UM, I'LL BE SECONDING THIS MOTION JUST, UM, AFTER HEARING BOTH SIDES, THAT SEEMS LIKE THERE'S STILL SOME DIALOGUE THAT NEEDS TO HAPPEN, I BELIEVE THAT CAN BE ACHIEVED IN THE NEXT FOUR WEEKS.
UM, SEEMS LIKE THAT AT LEAST ON THE PART OF THE APPLICANT, THERE'S SOME MEASURE OF GOOD FAITH TO HAVE THOSE CONVERSATIONS.
SO LOOK FORWARD TO THIS MOTION PASSES TO HEAR A RESOLUTION TO THAT, THAT THAT'S WHAT WE'RE TRYING TO DECIDE.
THAT'S WHAT THE, THAT'S WHAT THE MOTION ON THE FLOOR IS TO HOLD THE MATTER UNDER ADVISEMENT UNTIL SEPTEMBER.
UM, YES, MR. CHAIRMAN, UH, YEAH, SO I, UM, I AGREE WITH THE, THE MOTION TO HOLD OVER TILL SEPTEMBER.
UM, I, I THINK THE APPLICANT SHOULD BE PREPARED, THOUGH TO ADDRESS SOME OF THE VERY, UH, LEGITIMATE CONCERNS THAT HAVE BEEN MENTIONED TODAY BY THE NEIGHBORS.
UH, SPECIFICALLY THE, THE SAFETY CONCERNS, UM, AND THE, THE, UH, THE CLEAR DEMONSTRATION THAT THERE ARE ALTERNATIVE WAYS OF ACCOMPLISHING SECURITY WITHOUT, UH, THE, THE CURRENT PROPOSAL.
YOU, I, I, I WILL BEGRUDGINGLY SUPPORT THE PROPOSAL.
I, UM, I, I DON'T KNOW HOW THE APPLICANT IS GOING TO GET TO A FOUR FOOT FENCE.
AND WHEN I SEE THE PICTURES THAT ARE THERE AND WHAT THE NEIGHBORHOOD IS TRYING TO ACHIEVE, UM, I, I, I DON'T KNOW HOW ANY NEIGHBOR WOULD EVER WANT TO HAVE ANYTHING OVER FOUR FEET.
I DON'T THINK THE APPLICANT'S GONNA GET THERE, SO I WAS MUCH MORE LIKELY JUST TO DENY.
BUT I WILL GIVE HIM A MONTH TO FIGURE IT OUT.
MR. CANNON? AYE, MR. FEENEY? AYE.
MS. LAMB? AYE MS. VICE CHAIR AYE.
MOTION TO HOLD PASSES UNTIL SEPTEMBER 18TH, 2024? SO FOR THE FOLKS THAT ARE HERE, UM, IN OPPOSITION, UM, I, I, THE, THE APPLICANT HAD ASKED FOR, FOR IT TO BE HELD, UM, WE'RE GOING TO, HOPEFULLY THERE, THERE'S A COUPLE DIFFERENT OUTCOMES.
THEY MAY COME BACK WITH EXACTLY WHAT THEY HAD BEFORE THEY MAY DECIDE TO WITHDRAW THE CASE.
I MEAN, WE DON'T KNOW, BUT WE'RE HOPING THAT YOU GUYS AND THE APPLICANT CAN WORK SOMETHING OUT.
UM, WE REALLY APPRECIATE YOU COMING DOWN HERE.
WE KNOW IT'S HARD TO COME, UM, BUT WE WILL BE HEARING THE CASE AGAIN IN
[00:40:01]
SEPTEMBER.UM, BUT THANK YOU SO MUCH FOR YOUR TIME.
UM, AND SO I GUESS NOW WE ARE GOING TO HEAR, UM, BDA 2 3 4 DASH 0 9 8 53 11 KELSEY ROAD, UM, 53 22 KELSEY ROAD.
NOW THE, I THINK THERE'S A REQUEST TO HOLD THIS ONE OVER AS WELL, SO, YES, I, I, I'M, I WOULD BE HAPPY TO MAKE A MOTION TO PULL THIS ONE OVER.
UM, I, IN, IN INTEREST OF, OF THE COMMENTS AND THE BEING THE SAME REPRESENTATIVE AND, AND THE SAME NEIGHBORS.
UM, BECAUSE I THINK THAT THE, THIS APPLIES FOR BOTH.
SO I'M GONNA MAKE A MOTION, UM, UH, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 0 9 8 HOLD THIS MATTER UNDER ADVISEMENT UNTIL SEPTEMBER 18TH, 2024.
I, ANDREW FINN SECOND THAT MOTION.
UM, BEFORE, UM, WE NEED TO RESCIND THAT MOTION IN CASE THERE'S ANYBODY THAT WANTS TO SPEAK SPECIFICALLY ON THIS CASE.
SO OUR COUNSEL IS ADVISING THAT WE RESCIND THE CURRENT MOTION ON THE FLOOR SO THAT THERE ARE ANY SPEAKERS THAT WANTED TO SPEAK ON THIS CASE THAT THEY CAN, UM, IF YOU'VE ALREADY SAID YOUR PIECE, YOU DON'T HAVE TO SAY IT AGAIN EITHER, BUT, UM, SO WE HAVE RESCINDED THAT MOTION.
IS THERE ANYBODY THAT WOULD LIKE TO SPEAK ON THIS CASE? OKAY.
BUT WE NEED TO HEAR MR. KAVANAUGH.
FIRST MADAM CHAIR, MEMBERS OF THE BOARD.
MY ADDRESS IS 1620 HANLEY DRIVE DALLAS, UH, REPRESENTING, UH, THE HURLEYS FAMILY AT, UM, UH, AT THIS PROPERTY, UH, PD OR BDA 2 3 4 0 9 8, REQUEST THAT THE CASE BE HELD TILL SEPTEMBER 18TH.
AND IF WE CAN HAVE, WOULD YOU LIKE, YES, MR. KAVANAUGH, WE HAVE A QUESTION FOR YOU.
UM, SO YOU'RE REQUESTING TO HOLD IT OVER.
DO YOU FEEL CONFIDENT THAT WITH THIS TIME THAT YOU COULD WORK WITH THE NEIGHBORS AND TAKE THEIR FEEDBACK, UM, AND POTENTIALLY GET TO A DIFFERENT OUTCOME BETWEEN NOW AND SEPTEMBER 18TH IF WE WERE TO GRANT THIS EXCEPTION, UH, TO HOLD THE CASE OVER? I THINK SO.
I, I'M NOT, I'M NOT A HUNDRED PERCENT SURE THIS FENCE IS DIFFERENT THAN THE ONE ACROSS THE STREET.
UM, UM, BUT I WOULD RATHER VISIT WITH THE NEIGHBORS AND SEE WHAT WE CAN COME UP WITH.
UM, I HAVE A QUESTION THERE, UH, FOR MR. KAVANAUGH.
I'M READING HERE IN YOUR, UH, LETTER, UH, DATED AUGUST 20TH THROUGH THE BOARD HERE, THAT, UM, THAT THERE WAS CONSENSUS FOR APPROVAL, BUT THEN THIS MORNING, UM, BUT ON THE 21ST THERE WAS THIS CHANGE.
DO YOU FORESEE AT LEAST WITH THE NEXT FOUR WEEKS THAT YEAH, I GUESS THAT'S, 'CAUSE THAT SEEMS LIKE SUCH A RAPID CHANGE FROM HAVING FULL CONSENSUS TO SOMEONE BACKING OUT LITERALLY A FEW HOURS AGO.
WELL, OUR, OUR OUR, OUR OWNERS, UH, UH, MS. HURWITZ AND MS. ANDERSON HAD GONE AROUND TO NEIGHBORS.
UH, THEY DID SPEAK, AND PLEASE CORRECT ME IF I'M WRONG, UH, TO THE ALLENS WHO LIVE NEXT TO, UH, AND NEXT TO THE ANDERSONS.
AND THEN, UH, MR. ELMQUIST WHO WAS ALSO HERE, UH, UH, UH, I, I DON'T, I GUESS THEY DIDN'T GET TO SPEAK TO HIM AND COULDN'T FIND HIM OR WHATEVER.
BUT FOR THE MOST PART, ALL THE OTHER NEIGHBORS IN THE AREA SUPPORT HIM.
AND YOU HAVE A LETTER FROM THOSE PEOPLE.
UM, UH, AND WE, WE JUST LEARNED YESTERDAY THAT THE ALLENS WOULD BE OPPOSING THIS AND THAT MR. QUIST WOULD ALSO, SO THAT'S WHERE WE ARE.
I WAS UNDER THE IMPRESSION FROM THE BRIEFING THIS MORNING THAT ALL OF THE, UM, UH, LETTERS IN SUPPORT FOR THIS CASE HAD BEEN REMOVED.
SO WHEN I TOOK A LOOK AT IT, UM, I MISUNDERSTOOD SOME OF THOSE, UH, THE WAY I TOOK A LOOK.
UH, SO THE WAY I TOOK A LOOK AT IT WAS THE ONE, THE LETTER THAT WE RECEIVED, A LOT OF THEM WERE OUTSIDE OF THE RADIUS.
AND SO THE ONES THAT WERE IN SUPPORT OR SOME OF THE ONES THAT ARE IN SUPPORT ARE STILL IN SUPPORT.
THERE WERE ZERO IN OPPOSITION AT FIRST.
THE ONES THAT WE RECEIVED WERE IN OPPOSITION.
AND I SPOKE WITH MR. KAVANAUGH DURING THE BREAK ABOUT THAT RIGHT THERE.
WE HAD ABOUT 10 LETTERS OF SUPPORT AND MOST OF OURS ARE ACTUALLY WITHIN THE NOTICE
[00:45:01]
AREA.AND THOSE HAVEN'T BEEN CHANGED.
THEN WE'LL HEAR FROM THE, UM, OPPOSITION.
WOULD YOU LIKE, UH, MS. ELAINE ONLINE FIRST OR, UM, SINCE SHE'S ONLINE? CHERYL, LET'S DO THAT.
HI, CAN YOU SEE ME AND HEAR ME? CAN YOU HEAR ME? SWEAR THE MEN AGAIN.
PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED.
Y YES, IT'S, UH, ELAINE EVERETT, 5 1 0 6 KELSEY ROAD.
I WAS NOT NOTIFIED AT ALL, SO I'M NOT SURE.
YOU KNOW, I I, AND I'M CERTAINLY RIGHT THERE ON KELSEY ROAD, SO I DON'T APPRECIATE THE FACT THAT THAT WAS MISREPRESENTED.
BUT I AM IN OPPOSITION CLEARLY FOR THE SAME REASONS THAT I STATED BEFORE.
DO I, DO I NEED TO RESTATE THAT? NO, YOU DO NOT.
THANK, THANK YOU ALL VERY MUCH.
AND, UM, BUT I CERTAINLY AM HOPING THAT YOU'LL DENY THEIR REQUESTS WITH PREJUDICE.
THANK YOU VERY MUCH AND THANK YOU ALL FOR YOUR TIME.
MS. MS. JULIE ALLEN, I'LL GET YOU.
MY NAME IS JULIE ALLEN AND I LIVE AT 53 37 KELSEY ROAD.
MY FAMILY LIVES ACROSS THE STREET FROM THE HOUSE AT 53 3 22 KELSEY ROAD.
THANK YOU FOR ALLOWING ME TO EXPRESS MY FAMILY'S OPPOSITION TO THEIR FENCE VARIATION REQUEST.
THIS IS A REALLY DIFFICULT OPPOSITION TO MAKE BECAUSE THE OWNERS OF THIS HOME ARE TRULY THE KINDEST NEIGHBORS.
AND THE LAST THING WE WANT TO DO IS BE AT ODDS WITH THEM.
MY HUSBAND AND THEIR HUSBAND MET FOR COFFEE YESTERDAY AND UNFORTUNATELY WE DO NOT FORESEE A COMPROMISE.
THEY ARE INSISTENT ON A SIX AND A HALF FOOT FENCE WITH TWO MATCHING SIX AND A HALF FOOT DRIVE THROUGH GATES AND A SIX AND A HALF FOOT PEDESTRIAN GATE.
THEIR GATES AT THE STREET LEVEL.
I HAVE NO DOUBT THAT THE DESIGN OF THEIR GATE WILL BE BEAUTIFUL TOO.
THERE IS JUST NO REASON FOR IT TO BE SIX AND A HALF FEET TALL.
THE FOREFOOT VARIANCE ORDINANCE HAS BEEN IN PLACE SINCE LONG BEFORE THEY BUILT THEIR HOME AND MOVED IN.
THEN ALSO, UM, THAT REP, THAT HANDOUT I GAVE, THE 11 PAGE HANDOUT I GAVE EARLIER, IT HAS ALL THE HOMES ON KELSEY ROAD AND COLOR.
NO HOUSE ON KELSEY ROAD HAS A FENCE OR GATE TALLER THAN FOUR FEET.
WHY ARE A SIX FOOT FENCE AND THE GATES NECESSARY? I ALSO PROVIDED YOU WITH A LIST OF CRIME ACTIVITIES IN OUR NEIGHBORHOOD FROM 2023 AND 2024 AS GIVEN TO US BY THE DALLAS POLICE DEPARTMENT.
A FRIEND OF ONE OF THE TEENAGE CHILDREN LIVING AT THIS HOUSE HAD A CAR STOLEN FROM THEIR DRIVEWAY, AND THAT IS AWFUL.
AND MOST CERTAINLY NOT THE NORM IN OUR NEIGHBORHOOD.
IN THE 20 YEARS THAT WE HAVE OWNED OUR HOME.
I DO NOT KNOW OF ANY OTHER CARS BEING STOLEN.
THE UM, OFFICER, THE POLICE REPORT THAT THEY'VE ATTACHED DID NOT STATE WHETHER THE CAR WAS LOCKED OR UNLOCKED WHEN IT WAS STOLEN.
MORE IMPORTANTLY, A FOUR FOOT FENCE AND GATE WOULD'VE WORKED AS EFFECTIVELY AS A SIX AND A HALF FOOT GATE TO KEEP THE CAR FROM BEING STOLEN.
AND LOOKING AT THIS ONE LAST HANDOUT OF THE FAMILY'S HOME, IF SECURITY IS SUCH A PRIORITY, ONE CAN'T HELP BUT QUESTION THE SOARING DOUBLE PANED SOLID GLASS FRONT DOOR AND THE LACK OF SECURITY AND PRIVACY IT PROVIDES.
CLEARLY, MOST OF US ALL FEEL SAFE WITH A FOUR FOOT FENCE OR NO OFFENSE.
[00:50:01]
US KEEP THE INTEGRITY OF OUR NEIGHBORHOOD AND NOT ALLOW A SIX AND A HALF FOOT FENCE AND GATES ON OUR STREET WHEN ALL THE OTHER NEIGHBORS WITH FENCES CAN COMPLY WITH A FOUR FOOT ORDINANCE.TWO NEW HOUSES HAVE BEEN BUILT FROM THE GROUND UP ON KELSEY SINCE THE HOMEOWNERS BUILT THEIR HOME.
ONE HAS A FOUR FOOT FENCE AND FOUR FOOT GATES, AND THE OTHER HAS NO FENCE AND NO GATE.
WE ASK THAT OUR NEIGHBORS LIVE WITHIN THE FOREFOOT FENCE AND GATE ORDINANCE SO THAT OUR NEIGHBORHOOD AND STREET CAN MAINTAIN, CAN MAINTAIN AN INVITING FUEL.
AND THERE'S JUST ONE NOTE I WAS GONNA MAKE ON THE CRIME AT THE TOP AND THE BOTTOM.
THEY'RE THE SAME CRIMES JUST ON THE TOP, ON THE FAR RIGHT HAND SIDE.
IT GIVES A MORE DESCRIP A A BETTER DESCRIPTION OF WHAT THE THEFT ISSUE WAS.
BUT THEY'RE JUST, IT'S NOT TWO DIFFERENT THINGS.
IT'S JUST ONE HAS THE TOP ONE HAS MORE DETAILS.
ELIZABETH WINSLOW, 1 0 1 1, 1 GAYWOOD ROAD WHERE I'VE LIVED FOR 40 YEARS.
I JUST WANT TO SAY THAT MY NEIGHBORS AND I HAVE BEEN HERE THREE TIMES.
WE WERE HERE IN 2015 FOR THE HOME DIRECTLY ACROSS THE STREET FROM ME, AND THEY WANTED TO BUILD A SEVEN FOOT GATE.
THEY NOW HAVE A FOUR FOOT GATE, WHICH IS LOVELY.
LAST YEAR WE WERE HERE FOR THE GAYWOOD PROPERTY, 1 0 2 2 7 GAYWOOD, AND THOSE UNSIGHTLY GATES REMAIN.
AND THEN NOW WE'RE HERE FOR THE TWO PROPERTIES WHO ARE ASKING FOR TALL GATES AND FENCES.
I THINK IT IS VERY CLEAR THAT OUR NEIGHBORHOOD WANTS TO MAINTAIN OUR OPEN, FRIENDLY FEEL WITH FOUR FOOT GATES AND FENCES, IF ANY.
WE HAVE MADE THAT AS CLEAR AS WE CAN.
AND I KNOW THAT NO DIALOGUE WITH ME ABOUT SIX, EIGHT FOOT, SEVEN FOOT EIGHTS OR FENCES IS GOING TO CHANGE MY MIND.
THANK YOU, MS. HARRY ANN STEIN.
I LIVE AT 1 0 1 2 2 GAYWOOD ROAD IN DALLAS.
AS I SAID BEFORE, UM, MY HUSBAND AND I HAVE LIVED IN THIS HOUSE FOR, IN THIS NEIGHBORHOOD FOR 38 YEARS.
AND, UH, WE AGREE WITH THE OPPOSITION, UM, POINTS THAT WERE MADE EARLIER.
AND, UM, THANK YOU VERY MUCH, MS. TERRY LA HI, I'M TERRY LEGON AT 5 1 2 5 METERS LANE.
AND, UM, I OPPOSE THE, THE TALLER GATES AND FENCES AT THIS HOUSE ALSO FOR THE SAME REASONS I STATED.
I DON'T, I I DON'T KNOW THAT ANY DIALOGUE WILL HELP.
I'M NOT GONNA CHANGE MY MIND ABOUT IT.
AND IT DOESN'T SOUND LIKE ANYBODY WHO'S HERE WITH ME TODAY IS GOING TO CHANGE THEIR MIND ABOUT EITHER OF THESE, EITHER.
AND, UM, I'M SORRY IF EVERYBODY JUST HAS TO COME BACK DOWN HERE AGAIN AND DO IT AGAIN.
BUT THANK YOU VERY MUCH MR. DAVID ELMQUIST.
DAVID ELMQUIST, UH, I AND MY WIFE RESIDE AT 5 3 5 1 KELSEY ROAD, WHICH IS CATTYCORNER TO THE HUR RESIDENCE.
WE'RE WITHIN 200 FEET OF THE HURLEY'S HOME.
WE DID NOT HEAR FROM, UH, MR. OR MRS. HURWITZ ABOUT, UH, THEIR PROPOSED CONSTRUCTION OF THIS SEVEN FOOT FENCE.
SIX, SIX AND A HALF FOOT FENCE.
UH, I DON'T KNOW THAT IT WOULD'VE MADE A DIFFERENCE SINCE WE WOULD'VE OPPOSED IT, BUT AT LEAST WE WOULD'VE HAD AN OPPORTUNITY TO TALK ABOUT IT.
UH, MY OPPOSITION IS FOR THE REASONS, UH, ALREADY STATED ON THIS RECORD.
I ALSO DID SEND IN A LETTER, UH, TO THE BOARD IN OPPOSITION TO THE REQUEST.
I DID NOT KNOW ABOUT THIS REQUEST AND THIS HEARING UNTIL THE NOTICE, UH, I RECEIVED IN THE MAIL BECAUSE WE ARE WITHIN 200 FEET.
UH, MS. ALLEN HAD INFORMED ME THAT THERE WAS, UH, GOING TO BE A HEARING, BUT I DIDN'T
[00:55:01]
KNOW THE TIME AND PLACE UNTIL I WOULD SEE THAT NOTICE.SO AGAIN, BECAUSE WE'RE WITHIN 200 FEET OF THESE RESIDENCES, THE THE ISSUE REMAINS THE SAME.
THESE NEIGHBORS WANT TO CHANGE THE LOOK AND FEEL THIS NEIGHBORHOOD BY CONSTRUCTING TALL FENCES.
WE NEIGHBORS ARE OPPOSED TO THAT BECAUSE WE HAVE AN OPEN, FRIENDLY NEIGHBORHOOD WHERE FENCES IN COMPLIANCE WITH CODE AND WE LIKE TO KEEP IT THAT WAY.
SO I'M, WE'RE OPPOSED TO THIS REQUEST.
CAN I ASK YOU ONE QUICK QUESTION? UM, THERE ARE QUITE A FEW FOLKS THAT LIVE RIGHT AROUND THESE TWO HOUSES THAT SIGNED A DOCUMENT THAT THEY ARE IN SUPPORT.
HAVE YOU SPOKEN TO ANY OF THOSE NEIGHBORS TO UNDERSTAND WHAT THEIR THINKING IS? UH, I HAVE NOT BECAUSE I WASN'T AWARE OF THIS UNTIL RECENTLY.
SO I I HAVE NOT REALLY, NOR DID I KNOW WHICH, WHICH NEIGHBORS HAD SENT A LETTER, UH, IN SUPPORT OF JUST CURIOUS.
I WAS CERTAINLY AWARE OF THE ALLEN'S, UH, OPPOSITE.
AND MR. CAVANAUGH, WOULD YOU LIKE TO MAKE A REBUTTAL? UH, NO COMMENTS.
OKAY, MS. LIAM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH NINE EIGHT TO HOLD THIS MATTER UNDER ADVISEMENT UNTIL SEPTEMBER 18TH, 2024.
UM, YOU KNOW, I I HATE TO TO MAKE THESE MOTIONS WHERE WE HOLD IT OVER, BUT FOR ME, IF WE WERE TO MAKE A DECISION TODAY, I FEEL LIKE WE'D BE CREATING CONFLICT WITHIN IN THE COMMUNITY.
I'M HEARING THAT THE APPLICANT, UM, AND THE APPLICANT'S REPRESENTATIVE WANTS TO SIT DOWN WITH THOSE OF THE NEIGHBORS.
AND I'M HEARING SOME OF THE NEIGHBORS SAY THAT THEY WEREN'T COMPLETELY REACHED OUT.
UM, AND, AND ADDRESS ON THIS MATTER.
I WANNA SIT THERE AND COME TO A CONCLUSION WHERE AT LEAST ALL PARTIES ARE INFORMED OF, HAD A CHANCE TO HAVE A CONVERSATION.
'CAUSE I FEEL LIKE IT'LL MAKE FOR BETTER NEIGHBORS EVEN IF THE OUTCOME IS, UM, YOU KNOW, WHAT IT IS AND, UM, NEXT MONTH.
BUT I THINK THAT BY HOLDING THIS OVER, IT ALLOWS A CONVERSATION TO CONTINUE.
UM, AND HOPEFULLY WE WILL KIND OF, UM, SMOOTH OUT SOME OF THE TENSIONS BASED ON THESE APPLICATIONS.
SO IT, YOU KNOW, WE, WE MAY COME TO AN, UH, AN OUTCOME THAT, YOU KNOW, SUPPORT NEIGHBORS OR, OR SUPPORT THE APPLICANT NEXT WEEK, NEXT PERIOD.
UM, BUT I WANNA GIVE THAT OPPORTUNITY FOR THE NEIGHBORS AND THE APPLICANT TO SIT DOWN, UM, AND HOPEFULLY COME TO EITHER SOME SORT OF AGREEMENT.
UM, MAYBE THE APPLICANT CAN MAKE SOME CHANGES TO SATISFY THOSE, UH, COMPLAINTS AND THOUGHTS FROM THE NEIGHBORS.
BUT WE WON'T KNOW THAT, UM, RIGHT NOW.
SO I THINK GIVEN, UM, AN OPPORTUNITY FOR DISCOURSE, I THINK WOULD BE POSITIVE HERE.
IT IS OUR DUTY AS A PANEL TO TAKE ALL THE EVIDENCE TODAY, ALL THE TESTIMONY, AND TO CARRY IT ON TO THE CASE WHEN WE HEAR IT, UM, NEXT MONTH.
SO EVERYTHING THAT YOU SAID TODAY WILL BE WEIGHED EQUALLY, UM, NEXT MONTH AS IF YOU WERE TO SAY IT AS, AS YOU SAID IT TODAY? THAT'S RIGHT.
AND SIMILAR TO MADAME VICE CHAIR GABO, I WAS VERY TEMPTED TO DENY THIS REQUEST, UH, OUTRIGHT.
UM, BUT I THINK THAT THE, THE, THE FACT THAT BOTH PROPERTY OWNERS HAVE REQUESTED TO, UH, POSTPONE THIS, UH, UNTIL NEXT MONTH SHOWS A WILLINGNESS TO AT LEAST MAKE SURE THAT EVERYONE HAS, UH, UH, BEEN HEARD.
UM, AND UM, SO, UH, I ECHO MY COLLEAGUE SENTIMENTS FULL CALL VOTE.
MOTION PASSES FOUR TO ZERO TO HOLD UNTIL SEPTEMBER 18.
WE ARE GONNA TAKE A THREE MINUTE RECESS FOR A BATHROOM BREAK BEFORE WE START THE AO APPEAL.
SO IT'S 2 0 4, WE'LL RECONVENE AT 2 0 7 BREAK.
WE WILL RECONVENE THE MEETING AT 2 0 8, UM, AND WE ARE GONNA START OUR, UM, CASE FOR BDA 2 3 4 DASH 0 9 7 61 21 EAST LOVE LANE.
AND, UM, THIS HEARING, THIS PART OF THE HEARING IS A LITTLE BIT DIFFERENT THAN WHAT WE'VE SEEN SO FAR TODAY.
SO I'M GOING TO READ, UM, THE, THE RULES AND HOW THIS CASE WILL WORK.
SO, UM, THE APPLICANT'S CASE WILL LAST FOR
[01:00:01]
20 MINUTES.THE APPLICANT MAY GIVE AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, THE APPLICANT CALLS A WITNESS.
THE ADMINISTRATIVE OFFICIAL IS ALLOWED TO CROSS-EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES, AND THAT DOESN'T ACCOUNT AGAINST THE TIME LIMIT.
SUBSEQUENTLY, THE APPLICANT MAY CONDUCT A REDIRECT EXAMINATION OF THEIR WITNESS FOR UP TO FIVE MINUTES, AND THAT DOESN'T COUNT AGAINST A TIME LIMIT.
THE APPLICANT MAY SUBMIT DOCUMENTS TO THE BOARD'S SECRETARY AS LONG AS THEY COMPLY WITH THE DOCUMENTARY EVIDENCE RULES SET FORTH IN THE BOARD'S RULES OF PROCEDURES.
UM, THE BOARD MAY ASK QUESTIONS AT ANY TIME BOARD MEMBERS, UM, BUT WE ARE PROBABLY GOING WELL, WE ARE GOING TO HOLD OUR QUESTIONS UNTIL AFTER THE ENTIRE CASE HAS BEEN PRESENTED.
UM, BUT ANY QUESTIONS THAT WILL BE ASKED ARE NOT COUNTING AGAINST THE, THE TIME LIMIT, BUT WE WILL, WE WILL KIND OF GO THROUGH THE WHOLE PROCEDURE BEFORE WE ASK QUESTIONS.
THE ADMINISTRATIVE OFFICIALS CASE WILL LAST FOR 20 MINUTES.
THE ADMINISTRATIVE OFFICIAL MAY GIVE AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, THE ADMINISTRATIVE OFFICIAL CALLS AND WITNESS THE APPLICANT IS ALLOWED TO CROSS EXAMINE THAT WITNESS AND UP FOR UP TO FIVE MINUTES.
AND THIS WILL NOT COUNT AGAINST THE TIME LIMIT.
SUBSEQUENTLY, THE ADMINISTRATIVE OFFICIAL MAY CONDUCT A REDIRECT EXAMINATION OF THEIR WITNESS AGAIN FOR UP TO FIVE MINUTES, WHICH WILL NOT COUNT AGAINST THE TIME LIMIT.
UM, THE ADMINISTRATIVE OFFICIAL MAY SUBMIT DOCUMENTS TO THE BOARD SECRETARY LONG AS THEY COMPLY WITH THE DOCUMENTARY EVIDENCE RULES SET FORTH IN THE BOARD'S RULES OF PROCEDURES.
AND AGAIN, WE'LL TRY AND HOLD OUR QUESTIONS UNTIL THE END.
THE APPLICANT WILL BE RE ALLOWED A THREE MINUTE REBUTTAL.
ADDITIONALLY, THE APPLICANT WILL BE ABOUND A THREE MINUTE CLOSING STATEMENT.
LASTLY, THE ADMINISTRATIVE OFFICIAL WILL BE ALLOWED TO MAKE A THREE MINUTE CLOSING STATEMENT AND A MOTION WILL BE REQUIRED TO EITHER AFFIRM OR REVERSE THE DECISION OF THE ADMINISTRATIVE OFFICIAL.
UM, AGAIN, IN ORDER TO SUPPORT THE, UM, REQUEST OF THE APPLICANT, UM, THE SARNO'S, UM, YOU WILL HAVE TO HAVE A FOUR.
ALL FOUR OF US WILL HAVE TO AGREE FOR THAT TO BE APPROVED.
UM, ALL RIGHT, SO I GUESS WE WILL BEGIN WITH DO WHAT? OH, AND, UM, MR. SAPP WOULD LIKE TO GO OVER THE LEGAL STANDARD FOR US.
SO THE LEGAL STANDARD FOR, UH, ADMINISTRATIVE APPEAL IS WHETHER OR NOT THE BUILDING OFFICIAL AIRED IN ISSUING THE BILL, THE BUILDING PERMIT.
UM, AND WE'LL START WITH A 20 MINUTE PRESENTATION FOR THE, UM, APPLICANT, UM, THE SARNO AND, UM, THEY MAY CALL WITNESSES IF THEY ARE SO INCLINED.
UH, JUST A, A CLARIFICATION REGARDING THE 20 MINUTE TIME LIMIT.
IS THAT SHARED AMONGST US? IF SHE HAS SOME SO BAD? OKAY.
SO DO WE WANNA DO THE, UM, I UNDERSTAND THAT YOU, SINCE YOU MIGHT BE TESTIFYING SOMEWHAT ON YOUR OWN BEHALF, WE NEED TO SWEAR EVERYBODY IN AS WELL.
SO IF YOU WANNA DO THAT, THAT'D BE GREAT.
DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
MR. POOLE, WOULD YOU GO AHEAD AND YES, THANK YOU.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I LIVE AT 6 1 1 4 TOWN HILL LANE IN DALLAS, TEXAS.
UH, I WANNA START OFF BY ADDRESSING THE, UH, PERMITS ISSUED ZION FOR THE BUILDING OF THE 4,500 SQUARE FOOT GAME AND BASKETBALL COURT FACILITY.
AS AN ADDED ACCESSORY USE A MERE 30 FEET FROM OUR PROPERTY.
UH, I BELIEVE THAT, UH, CITY OFFICIALS AIRED IN, IN, UH, ISSUING THIS PERMIT BECAUSE THIS FACILITY, WHEN IN USE IS INTENDED, WILL FREQUENTLY AND EXCESSIVELY BE IN VIOLATION OF CHAPTER 51, A ARTICLE SIX NOISE REGULATIONS.
AND AS A STRUCTURE EXCEEDING 12 FEET SHOULD HAVE BEEN MADE PART OF THE FULL FLEDGED ZONING PROCESS THAT ENCAPSULATES THE CONCURRENT IMPROVEMENTS BEING MADE TO THE PROPERTY.
IN ADDITION, THE PROPERTY OWNER WAS NOT IN COMPLIANCE OF ITS OWN, UH, PLAN DEVELOPMENT, UH, HAVING ALREADY SIGNIFICANTLY, UH, BUILT THE, UH, GAME COURT WITHOUT A PERMIT.
UH, THAT IS WHY WE, WE WILL BE SHOWING THAT THE, UH, CITY OFFICIAL AIRED IN, UH, ISSUING THIS PERMIT.
UH, I'M GONNA GIVE A SORT OF A HISTORY, UH, SORT OF A TIMELINE, BUT NOT QUITE EXCLUSIVELY CHRONOLOGICALLY.
UH, I'M GONNA START WITH, UM, AND I'M GONNA SHARE MY SCREEN HERE.
THESE ARE GONNA BE EXHIBITS OR AT LEAST, UM, PART OF THE OVERALL EXHIBITS THAT WERE, UH, PROVIDED, UH, PRIOR TO THIS HEARING.
[01:05:02]
OKAY, THIS FIRST EXHIBIT, LEMME SEE IF I CAN, THIS IS, UM, CAN YOU ALL SEE THIS? OKAY, THIS IS, THIS IS, UH, EXHIBIT WITH BATES NUMBER H 0 0 2, PART OF THE PACKET THAT I SENT.AND I JUST, I DUNNO IF YOU CAN SEE THE CURSOR HERE, BUT I'M POINTING OUT THIS, UH, AREA LABELED EXISTING SCHOOL GARDEN.
UH, AND I WILL EXPLAIN WHY THAT'S RELEVANT, UH, LATER ON.
BUT I JUST WANTED TO POINT IT OUT.
I WANT, I WANT, I'D LIKE THE BOARD TO TAKE NOTE OF THE SHAPE OF IT AND THAT THIS GARDEN HAS BEEN HERE SINCE 2019, AT LEAST MAYBE BEFORE THAT.
BUT IT WAS CERTAINLY HERE BEFORE THE PANDEMIC, UH, AS WE LIVE RIGHT HERE IN THE BLUE BOX AREA ON THIS, UH, DIAGRAM.
UM, AND SO WE BELIEVE THIS COURT WAS PLANNED WELL BEFORE OTHER THINGS.
BUT AGAIN, WE'LL GET TO THE RELEVANCE OF THAT LATER.
UH, DESPITE EVIDENCE THAT THE GAME COURT WAS PLANNED, IT DID NOT MAKE IT AS A DEVELOP DEVELOPMENT PHASE IN THE ADDITION OF THE, UH, $5 MILLION COMMUNITY OUTREACH CENTER OR GYMNASIUM WITH ITS OWN GAME COURT OPTIONS PERMIT APPLICATION, THAT THAT REQUIRED THE FULL ZONING PROCESS, WHICH WAS APPLIED FOR I BELIEVE IN, IN MAY OF, UH, MAY OR MARCH OF 2021.
UH, ZION, AS THE PROPERTY OWNER, UH, STARTED BUILDING THE GAME COURT ON FEBRUARY 9TH, 2023, ZION STARTED BUILDING WITHOUT A PERMIT.
MY WIFE AND I PUT ZION ON NOTICE THAT THE CHAP, UH, CHAPTER 52 OF THE CODE REQUIRED A PERMIT.
UH, AT THAT TIME, UH, WE CONTACTED APPROPRIATE CITY DEPARTMENTS TO STOP THE UN PERMITTED POURING OF THE CONCRETE.
HAVING TALKED TO THE SITE SUPERVISOR, CITY ARRIVED 10 MINUTES TOO LATE ON FEBRUARY 16TH.
UH, CONCRETE WAS POURED, BUT CONSTRUCTION WAS STOPPED BY THE CITY BECAUSE A PERMIT WAS ACTUALLY NEEDED.
UH, AFTER THAT POINT, MULTIPLE EMAILS WERE SENT TO ZION BOARD MEMBERS REGARDING OUR CONCERNS OVER HOW CLOSE THIS COURT IS TO OUR PROPERTY.
UH, OUR CONCERNS MAINLY ABOUT NOISE, UH, BUT WE WERE, UH, COMPLETELY IGNORED.
UH, NO RESPONSE TO THOSE EMAILS.
UH, CITY OFFICIALS DECIDED THAT THE COURT, AFTER DECIDING IT NEEDED A PERMIT, WOULD FALL UNDER THE MINOR AMENDMENT PROCESS UNDER CHAPTER 51 A OF THE DALLAS DEVELOPMENT CODE.
UH, WE FOUGHT THE ZONING AMENDMENT AND GATHERED, SIGNED DECLARATIONS FROM SEVERAL NEIGHBORS REQUESTING THAT CITY PLANNERS CONSIDER POTENTIAL NOISE PRODUCTION FROM SUCH A FACILITY.
NOW, MOST NEIGHBORS WERE NOT AS CONCERNED AS, AS OURSELVES AND OUR NEIGHBOR TO THE LEFT, UH, NOT BEING WITH THE COURT BEING SO CLOSE TO OUR PROPERTY AND NOT AS CLOSE TO THEIRS, UM, AND THAT WE WOULD LIKELY BEAR THE BRUNT OF PROSPECTIVE NOISE VIOLATIONS.
UM, AND I'M GONNA MOVE MY EXHIBIT TO, UH, THIS IS, UH, EXHIBIT BATES NUMBERED, UH, F 0 0 8.
THIS IS A PICTURE OF THE BASKETBALL COURT AS POURED FROM OUR PROPERTY ON JULY 23RD, 2023.
IF I CAN ZOOM IN ON THIS, BUT YOU GUYS, YOU GUYS HAVE THIS IN YOUR PACKET.
UM, THE NEXT PICTURE WAS PART OF THE COVER OF THE PACKET THAT WE SUBMITTED, THAT IS WITH THE BACKBOARDS AND, AND HOOPS ADDED TO THE, UM, UH, ARMS OF THE, OF THE BASKETBALL POLLS.