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[Board of Adjustments: Panel C on October 21, 2024.]
TO THE BOARD OF ADJUSTMENT PANEL C.I'M VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF PANEL C.
UH, TODAY IS MONDAY, OCTOBER 21ST.
UH, A QUICK NOTE, UH, BY WAY OF INTRODUCTIONS, UH, MEMBERS ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR WE SERVE, UH, WITHOUT COMPENSATION.
RODNEY MILLIKEN AND JARED SLADE.
TO MY RIGHT IS THERESA CARLISLE, OUR BOARD ATTORNEY AND SI AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKIN, BOARD ADMINISTRATOR AND CHIEF PLANNER THOMPSON SENIOR PLANNER.
UM, DIANA BARQUE, DEVELOPMENT CODE SPECIALIST AND PROJECT COORDINATOR SARAH AT ARI, SENIOR PLANS EXAMINER, NORA CASTANEDA, SENIOR PLANS EXAMINER.
AND MARY WILLIAMS IS SITTING IN FRONT OF YOU.
SHE IS BOARD SECRETARY AND MEETING MODERATOR.
MARY IS THE PERSON YOU SHOULD GIVE, UH, SPEAKING CARDS TO OR IF YOU HAVE EVIDENCE TO SUBMIT OR IF YOU NEED ANYTHING, SHE'S THE PERSON, UH, WITH WHOM YOU SHOULD SPEAK.
UH, QUICKLY, I, I WANNA RECOGNIZE, UH, MATT SAPP, WHO HAS BEEN OUR BOARD ATTORNEY FOR THE LAST YEAR PLUS, AND, UH, HAS, UH, PUT UP WITH ME AND GENERALLY GIVEN ADVICE THAT I AGREE WITH.
UM, BUT MORE IMPORTANTLY, GOOD ADVICE, UH, AND, UM, WE APPRECIATE IT AND YOU'RE MOVING ON TO THE LANDMARK.
SO, UH, ENJOY AND WE WILL MISS YOU, BUT THANK YOU.
UM, FROM OUR PREVIOUS BATTERY, THE ONLY PERSON LEFT BEHIND IS OUR INTERN.
UM, SO, UH, JUSTIN, Y THANK YOU.
THIS IS BOARD OF ADJUSTMENT IS A QUASI-JUDICIAL BOARD.
THAT MEANS THERE CAN BE NO COMMUNICATION BETWEEN US AND THE PUBLIC OR, OR THE APPLICANT, UH, PRIOR OR, UH, PRIOR TO THE CASE.
EXCEPT FOR HERE, OUR PUBLIC HEARING.
UM, NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE A LEGAL USE.
WE MAKE DECISIONS BASED ON INDIVIDUAL PROPERTIES, NOT ON, UH, PEOPLE.
AND, UH, WE, WE DON'T SET LAW.
UH, WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE.
IT WAS POSTED SIX DAYS PRIOR TO THE PUBLIC HEARING ON OUR WEBSITE AND EMAILED OUT.
UH, ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY.
SHOULD BE SUBMITTED TO MS. WILLIAMS, THE BOARD SECRETARY, 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 THE VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF THE ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS TO BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD'S SECRETARY.
EACH REGISTERED SPEAKER, 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.
UH, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO ME AND IF NEED BE, I WILL MODIFY SPEAKING AT TIMES AS NECESSARY.
UH, TO BEGIN WITH, LET'S START WITH, UH, FIVE MINUTES FOR THE APPLICANT.
UH, FIVE FOR THE OPPOSITION AND REBUTTAL.
IF WE NEED MORE, WE WILL INCREASE AND WE'LL DO IT FAIRLY.
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A, UH, ADMINISTRATIVE APPEAL CASE, WHICH HAS ITS OWN SET OF TIMING AND WHEN THAT COMES UP, UH, I WILL WALK THROUGH IT.UM, I NEED A COUPLE OF THINGS.
THE FIRST IS A MOTION TO SUSPEND OUR RULES OF PROCEDURE TO ALLOW FOR, UH, FOR US TO, TO HAVE THIS HEARING DESPITE, UH, UH, POSTING OF OUR DOCKET SIX DAYS AHEAD DUE TO THE HOLIDAY.
SO I'LL MAKE THE MOTION, I MOVE THAT THE BOARD OF ADJUSTMENT PANEL C WAIVE SUSPEND OUR RULES OF PROCEDURE TO, UH, ALLOW, UM, TO ALLOW THIS, UH, FOR THIS HEARING DESPITE, UH, DESPITE A SIX DAY POSTING, UH, AND NOT OUR NORMAL SEVEN DAY SECOND.
UM, WE HAVE OUR MINUTES AS AMENDED.
DOES ANYONE HAVE A QUESTION, COMMENT? NO.
MAY I, MAY I HAVE A MOTION, VICE CHAIR AG MRS. UM, I MOVE THAT THE BOARD OF ADJUSTMENTS, UM, ACCEPT OUR, UH, PREVIOUS MEETING MINUTES AS AS AMENDED.
I'LL SECOND A ALL IN FAVOR, PLEASE SAY AYE.
MS. WILLIAMS, DO WE HAVE ANY PUBLIC SPEAKING? NO, SIR.
UH, IN THAT CASE, UH, DO WE HAVE, IS ANYONE HERE TO SPEAK AGAINST BDA 2 3 4 DASH 1 1 3 OR 2 3 4 DASH 1 25 AT SWISS AVENUE AND RICHARD AVENUE? I WANNA MAKE SURE WE DON'T HAVE ANY LAST MINUTE OPPOSITION.
UH, AS IT IS, THE BOARD IS INCLINED TO APPROVE THE REQUESTS, UH, IF THE, IF WHAT YOU HAVE ASKED FOR IS NOT WHAT YOU WANT, NOW IS THE TIME TO SPEAK UP.
UM, IS THERE A MOTION TO APPROVE THE UNCONTESTED DOCK VICE CHAIR AND A MOTION MR. SASH? UM, I MOVE TO 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 REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO IT.
VDA 2 3 4 1 1 3 APPLICATION OF ROB BALDWIN FOR VARIANCE.
THE LANDSCAPING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
AND ON APPEAL CASE, DDA 2 3 4 1 2 5 APPLICATION OF DAVID TURICK FOR A VARIANCE OF THE SIDE YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS COMPLIANT WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
UH, FURTHER VOTES WILL BE ROLL CALL MS. WILLIAMS, WILL YOU PLEASE CALL THE VOTE? MS. P*****K? AYE.
UH, NEXT CASE IS OUR HOLDOVER CASE, BDA 2 3 4 DASH 7 9 9 3 3 4 EAST RL THORNTON FREEWAY, APPLICATION OF JUSTIN CORBETT FOR A SPECIAL EXCEPTION TO THE PARKING REGULATION.
IF YOU ARE HERE TO SPEAK ON THIS CASE, WOULD YOU STAND AND BE SWORN IN? THERE'S ONLY ONE.
MS. WILLIAMS, WHEN YOU, WHEN YOU'RE READY, IF YOU'D, UH, AND WHEN YOU SPEAK, PLEASE, YOU GIVE, GIVE YOUR ADDRESS, UH, BEFORE YOU SPEAK.
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.
UH, JO JORDAN COR JORDAN CORBIT, UH, 11 7 20.
AMBER PARK DRIVE, ALBERTA, GEORGIA.
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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.
ALRIGHT, UH, I GUESS IS THE PRESENTATION UP? I'D LIKE TO JUST KIND OF GO THROUGH THAT QUICKLY IF I CAN.
WHAT IS YOUR MIC ON? IT DOESN'T REACH VERY HIGH AS LONG AS THAT LIGHT'S ON.
HI, MY NAME IS JORDAN CORBETT, UH, WITH KIMLEY HORN.
UM, I REPRESENT HOME DEPOT AND THEY ARE LOOKING TO DEVELOP A NEW STORE, UM, AT 9 3 3 4 EAST RL THORNTON FREEWAY.
UM, I'M HERE, UM, TO REQUEST A SPECIAL, UM, EXCEPTION TO THE PARKING REGULATIONS FOR 90 SPACE REDUCTION OR 18% TO THE, UH, CITY REQUIREMENTS NEXT PAGE.
SO I WENT THROUGH THIS, UH, I THINK BACK IN JUNE WHEN I FIRST PRESENTED, BUT, UM, WHY IS HOME DEPOT CHOOSING THIS LOCATION? UM, ESSENTIALLY THEY'RE LOOKING TO, UH, RELIEVE OVER CAPACITY STORES.
UM, IN PARTICULAR THE MESQUITE LOCATION.
UH, YOU CAN SEE ON THE SCREEN THE, UH, THE RED.IS WHERE THE, THE SITE IS LOCATED AND THE MESQUITE LOCATION IS NEARBY.
UM, BUT THE OTHER LOCATIONS, UM, AROUND ARE ALSO GONNA BENEFIT FROM THIS LOCATION, UM, BY REDUCING THE SALES VOLUME AT SOME OF THOSE, UM, THOSE STORES AND DRAWING PEOPLE AWAY, UM, INTO THE NEW LOCATION.
SO HERE'S A, A PICTURE, UM, OF THE EXISTING SITE.
SO, UM, IT'S LOCATED AT THE SOUTHWEST QUADRANT OF I 30 AND BUCKNER BOULEVARD.
UM, IT'S, THE ORIGINAL BUILDING IN USE WAS A KMART AND THEN A SMALL, YOU KNOW, TIRE, UM, REPAIR CENTER TO THE SOUTH.
CURRENTLY IT'S A, A BIZARRE, UH, MARKET.
UM, ANOTHER ITEM IS THE, THE BUCKNER BOULEVARD, WHICH IS TO THE EAST.
UM, WAS REALIGNED, UH, YEARS AGO.
AND WHEN THE REALIGNMENT OCCURRED, UM, A PORTION OF THE OLD BUCKNER BOULEVARD WAS LEFT INTACT.
UH, YOU CAN SEE THAT DEAD ENDS AT THE SHARED DRIVE, WHICH IS WHERE THE SAM'S CLUB INTERSECTION IS LOCATED TO THE SOUTH OF THE SITE.
UM, ANOTHER POINT IS THAT, UH, TXDOT IS LOOKING TO WIDEN I 30 IN THE FUTURE.
AND SO PART OF THE PROPOSED SITE PLAN, UM, DOES INCLUDE RIGHT OF AWAY TAKE FROM TXDOT.
UM, YOU'LL SEE THAT ON A SUBSEQUENT SLIDE.
AND THEN, UM, THE EXISTING TRAFFIC ON BUCKNER BOULEVARD DOES WARRANT A, UM, A, A TRAFFIC SIGNAL THERE AT THE SHARED DRIVE WITH SAM'S CLUB, UM, TO THE SOUTH PROPOSED SITE PLAN.
UM, IT'S A NEW STATE, STATE-OF-THE ART PROTOTYPICAL HOME DEPOT, UM, BUILDING AND LAYOUT.
UM, YOU'VE GOT THE GARDEN CENTER TO THE NORTH, THE PRO, UH, LUMBER CANOPY AND PRO SERVICES TO THE SOUTH.
UM, THE SITE SHAPE ACTUALLY DOES LEND ITSELF PRETTY WELL TO THE, THE LAYOUT, HOW HOME DEPOT CAN SOMEWHAT SEPARATE THEIR, THE CLIENT BASE.
UM, YOU'VE GOT A PARKING LOT TO THE SOUTH, UM, THAT VERY MUCH SERVES THE, THE PRO CUSTOMER, UM, WITH SPECIFIC TYPE SPACES ANGLED FOR THEM FOR, UM, CUT PRO CUSTOMERS WITH TRUCKS, WITH TRAILERS BEHIND THEM.
THE LUMBER CANOPY IS SWUNG AROUND TO THE SOUTH PORTION OF THE SITE.
UM, AND THEN YOU GOT YOUR, YOUR MAIN BUILDING ENTRANCE AND THEN THE GARDEN CENTER TO THE NORTH, WHICH IS MORE FOR YOUR KIND OF DIY CUSTOMER.
UM, WE'RE ALSO AS PART OF THIS PROJECT, UM, CURRENTLY IN THE PERMITTING PROCESS THROUGH, UH, CIVIL DESIGN, UM, THAT IT ALSO INCLUDES, UM, TRAFFIC SIGNAL DESIGN.
WE HAVE STARTED THAT WE WERE WAITING FOR BOTH THE CITY AND, UH, AND THE STATE TO GIVE US THE GREEN LIGHT ON THE APPROVAL OF THE TRAFFIC IMPACT STUDY THAT, THAT WARRANTS THE SIGNAL THERE AT THE, THE SHARED TRAFFIC OF THE SAM'S CLUB.
SO NOW THAT WE'VE GOTTEN THAT, THAT GREEN LIGHT FROM THE STATE, UH, AND THE CITY, WE ARE MOVING FORWARD WITH TRAFFIC SIGNAL DESIGN AT THIS TIME.
ALRIGHT, PARKING CALCULATIONS.
SO, UM, THIS IS HOW WE WORKED WITH THE CITY TO, TO BREAK DOWN THE PARKING REQUIREMENTS, UM, THAT HOME DEPOT WOULD BE HELD TO FOR THIS SITE.
UM, SO UP, UP ABOVE, BASICALLY THERE'S A HOME IMPROVEMENT RETAIL USE, WHICH IS OUTLINED IN THE CITY CODE OF ONE PER 275, UM, SQUARE FEET, UH, FOR PARKING SPACES, UM, THAT TOTALED UP FOR THE BUILDING 386 STALLS GARDEN CENTER, 102 STALLS FOR A TOTAL
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OF 493.THEN YOU HAVE SEPARATE PARKING REQUIREMENTS FOR THE ACCESSORY USES SUCH AS YOUR, UM, SEASONAL SALES AREAS AND, UM, ALL THE DIFFERENT STORAGE, YOU KNOW, THE NUMBER OF SHEDS AND EVERYTHING ELSE THAT'S OUT THERE IN THE PARKING LOT.
SO THAT TOTALED UP TO AN ADDITIONAL 21 STALLS.
AND THEN WE WILL BE, UM, ADDING BICYCLE STALLS, UH, TO MEET THE REQUIREMENTS, WHICH DOES ALLOW US A TWO STALL REDUCTION.
SO THAT TOTALS UP TO A 512 REQUIREMENT FOR THE, FOR PARKING BASED OFF CITY OF DALLAS CODE.
UM, FOR, UM, THE PROPOSED NUMBER OF STALLS IS 422.
THAT'LL BE 352 OUT IN THE FRONT, WHICH IS AGAIN, KIND OF MORE FOR YOUR DIY CUSTOMER.
AND THEN, UM, ABOUT 70 STALLS ON THE SOUTH SIDE OF THE BUILDING, WHICH IS MORE FOR YOUR PRO CUSTOMER CAN KEEP GOING.
UM, AND THEN, UH, ONE, ONE OTHER THING TO NOTE IS THAT THE 422 IS REALLY FOR EMPLOYEES AND CUSTOMERS.
UM, THE ADDITIONAL STALLS THAT WILL HAVE THE SHEDS OR, UM, YOU KNOW, THE RENTAL EQUIPMENT, TRUCK DISPLAYS, UH, UM, CART CORRALS, WHATNOT, THOSE ARE NOT INCLUDED IN THAT 422.
UM, SO THERE ARE ADDITIONAL PARKING STALLS WITHIN THE PROPOSED SITE PLAN.
UM, SO YOU'LL HAVE 422 CUSTOMER AND EMPLOYEE STALLS, PLUS AN ADDITIONAL 45 STALLS OUT THERE FOR A TOTAL OF 467 ALL IN, UM, STALLS IS WHAT, UM, DEPOT WILL BE PROPOSING TO THE BILL.
ALL RIGHT, SO, UM, WE INITIALLY DID ONE PARKING STUDY, UM, BEFORE THE JUNE HEARING OF THE SKILLMAN SITE DURING THAT BOARD HEARING.
UM, WE HEARD THE CONCERN FROM THE BOARD THAT JUST ONE STORE MAY NOT BE ADEQUATE.
WE DID THE MESQUITE STORE, WHICH IS THE ONE THAT HOME DEPOT WOULD BE LOOKING TO RELIEVE.
UM, AND IN BOTH CASES, THE PEAK HOUR IN WHICH, UM, THE PARKING DEMAND WAS THE HIGHEST WAS A SATURDAY FROM 11 TO 12:00 PM UM, AND AT THE MESQUITE LOCATION, 243 STALLS WERE OBSERVED AT THAT OCCUPIED AT THAT PEAK TIME.
UM, AND THEN 234, UM, WERE OBSERVED AT SKILLMAN STREET.
SO, UM, LESS THAN 50% WERE OCCUPIED AT THE PEAK HOUR, UM, FOR BOTH OF THOSE STORES, WHICH BOTH OCCURRED AT THE SAME, SAME TIME ON A SATURDAY.
AND THEN AGAIN, HOME DEPOT'S PROPOSING 422 STALLS JUST FOR EMPLOYEES AND CUSTOMERS, WHICH HOME DEPOT FEELS IS, IS ADEQUATE, UM, TO SERVE THEIR CUSTOMERS AT THIS LOCATION.
SO, UM, JUST WANTED TO PUT THIS IN HERE FOR THIS NEW, UM, FOR THIS, THIS HEARING FOR SPECIAL ACCEPTING CRITERIA.
JUST TRYING TO ADDRESS EACH OF THOSE, UM, POINTS THAT ARE, THAT ARE THERE FOR THE BOARD TO CONSIDER.
UM, SO ONE IS THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF OFF STREET PARKING SPACES.
SO WITH THE PARKING STUDIES THAT WE DID, UM, WE, WE BELIEVE THAT WE, UM, WE, WE, WE SHOWED THIS, THAT THE 422 THAT'LL BE PROVIDED IS MORE THAN ENOUGH BASED OFF THE ACTUAL DEMAND AT A HOME DEPOT STORE IN A NEARBY LOCATION.
AND THEN THE SECOND PART OF THE REQUIREMENTS OF SPECIAL EXCEPTION WOULD NOT CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
UM, WELL, ONE, THE PARKING DEMAND NOT BEING QUITE, UM, YOU KNOW, WHAT WE'RE PROPOSING IS THERE SHOULD BE ADEQUATE PARKING WITHIN THE PARKING LOT.
UM, ANOTHER POINT IS THAT HOME DEPOT'S, UM, DESIGN THE PARKING LOT.
SO THE PARKING SPACES ARE LARGER THAN CITY REQUIREMENT, AND THE DRIVE AISLES ARE LARGER THAN CITY REQUIREMENT.
UM, CITY REQUIRES EIGHT AND A HALF BY 18 FOOT PARKING STALLS AND 24 FOOT DRIVE VILES.
AND THEN HOME DEPOT WILL BE PROPOSING NINE FOOT BY 19 FOOT STALLS, UM, WITH 25 FOOT DRIVE VILES.
SO MORE MANEUVERABILITY WITHIN THE PARKING LOT ITSELF.
UM, BUT THAT'S OB OBVIOUSLY ALSO FOR, UM, THE LA YOU KNOW, CUSTOMERS WITH LARGER TRUCKS AND POTENTIALLY TRAILERS, THINGS LIKE THAT, THAT ARE NAVIGATING THROUGHOUT THE PARKING LOT, UM, TRIP GENERATION.
SO WITH THE, WITH THE TRAFFIC SITE, IT WAS DONE AND, AND CHRISTIAN WHO SWO, UM, SWORE IN, UM, WAS OUR TRAFFIC ENGINEER FOR THIS PROJECT FOR HOME DEPOT.
UM, BUT BASICALLY THE PROPOSED USE OF HOME IMPROVEMENT, UM, DOES INCREASE A LITTLE BIT IN THE AM PEAK HOUR, BUT IN THE PM PEAK HOUR WHEN CONGESTION IS THE WORST OUT ON BUCKNER BOULEVARD, UM, THE, UH, HOME IMPROVEMENT USE IS LESS.
'CAUSE THEY, THEY DO GENERATE MORE TRAFFIC, THEY EARLIER IN THE MORNINGS, UM, WHICH IS KIND OF EVIDENT WITH THE, UH, THE PARKING DEMAND BEING 11 TO 12 ON, ON A SATURDAY.
AND THEN, UM, INSTALLATION OF TRAFFIC, TRAFFIC SIGNAL.
SO, UH, HUM DEPOT IS WORKING WITH CITY OF DALLAS AND, AND IS WILLING TO INSTALL THE TRAFFIC SIGNAL AT B BUCKNER BOULEVARD AS PART OF THE PROJECT.
UM, AND WE'RE ACTIVELY WORKING TOWARDS THE TRAFFIC SIGNAL DESIGN RIGHT NOW.
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SO JUST IN CONCLUSION, UH, YOU KNOW, WANTED TO VERY MUCH, YOU KNOW, GO TO THE TWO REQUIREMENTS, UM, FOR THE BOARD TO CONSIDER THIS SPECIAL EXCEPTION REQUEST.AND JUST, YOU KNOW, BASED OFF THE EVIDENCE WE PROVIDED, WE FEEL AND HABI FEELS THAT, UM, YOU KNOW, JUSTIFIED AND, AND, AND REQUESTING THIS EXCEPTION AND NOT JUST TRYING TO, UM, DEVIATE AROUND CITY REQUIREMENTS.
SO I'M HAPPY TO ANSWER ANY QUESTIONS.
OTHER QUESTIONS? MR. MILLER? UH, MR. CORBITT, CAN YOU TELL ME EXACTLY WHERE YOUR DELIVERY TRUCKS WILL BE, UH, P PULLING INTO AND EXITING FROM? YES.
SO, UM, ONE, THEY MAY BE, THEY A COUPLE DIFFERENT LOCATIONS THEY COULD USE BUCKNER BOULEVARD AT THE SIGNAL COME IN BASICALLY WITH THE, THE DRIVE THAT'S BETWEEN SAM'S CLUB AND HOME DEPOT TURN RIGHT, GO BEHIND THE STORE, YOU KNOW, EITHER DROP OFF AT THE LUMBER CAN TO BE THERE OR COME TO THE, UM, THE GARDEN CENTER AREA, PULL UP AND BACK END.
OR THEY COULD COME ALONG I 30 FROM, YOU KNOW, FROM THE WEST COMING EAST, PULL IN.
AND THEN YOU CAN SEE THE CIRCLE.
IF YOU GO TO THE, UM, SLIDE NUMBER, I GUESS THAT'S THREE OR FOUR, THE PROPOSED SITE PLAN, YOU CAN SEE THE CIRCLE IN THE TOP LEFT HAND CORNER IS A RADIUS THAT THE TRUCK CAN ACTUALLY DO A FULL 180 DEGREE MOVEMENT.
UM, SO IT SHOULD STAY OUT OF THE FRONT PARKING FIELD MOSTLY IN THE, THE REAR.
AND ON YOUR MAP, THE SORT OF GREEN, I GUESS THE GREEN ARROWS, UM, ARE THOSE, ARE THOSE GONNA BE DRIVEWAYS INTO THE PROPERTY? THAT'S RIGHT.
AND SO THE RED AND THE GREEN ARE, GREEN IS INGRESS FOR CUSTOMERS.
RED IS, UH, EGRESS AND THEN WE TYPICALLY HAVE A BLUE ARROW FOR TRUCKS, BUT WE DIDN'T HAVE IT ON HERE.
IT GETS A LITTLE CLUTTERED, SO YOU'LL STILL HAVE SEVERAL INLETS INTO THE PROPERTY OTHER THAN THE, UM, THE LIGHT THAT'S RIGHT.
AND, AND ALL OF THOSE OTHER, UM, ACCESS POINTS ARE EXISTING DRIVEWAYS THAT WILL JUST BE REUSED.
SINCE WE'RE TALKING ABOUT INGRESS AND EGRESS, YOU'RE TALKING ABOUT THE EXISTING ONE, TWO AND THE POTENTIAL TRAFFIC LIGHT.
SO THERE'S TWO ALONG I 30 TO THE NORTH UHHUH
IS THAT JUST SOUTH OF THAT OUT PARCEL? AND THEN ONE IS THE, UM, THE PROPOSED TRAFFIC SIGNAL, SHARED ACCESS WITH SAMS. SO WHERE IS THE, IS THERE ANOTHER PROPOSED ENTRANCE TO THE OUT PARCEL HERE? JUST FOR THE NORTHEAST OF, OF, SO INTERNAL TO THE SITE, YOU HAVE, UM, THE DRIVE THAT COMES KIND OF OFF BUCKNER BOULEVARD INTO HOME DEPOT, AND THEN THERE'S ANOTHER, UM, YOU KNOW, CURB CUT KIND OF DIRECTED TOWARDS THE OUT PARCEL THERE.
AND THEN THERE'S ALSO ONE, UM, OR AT LEAST A ROOM ALLOWED ON THE NORTHERN PORTION, KIND OF FRONTING I 30.
SO, SO IT'S NOT JUST A CROSS ACCESS EASEMENT, THERE'S ACTUALLY MORE, THERE'S NOTHING OFF OF THE PUBLIC RIGHT OF WAY.
IT'S ALL CROSS ACCESS WITHIN HOME DEPOT'S.
SO THERE ARE NO ACTUAL, THERE NO MORE INGRESS EGRESS FROM THE NO, NOT AS PART OF THIS DEVELOPMENT.
IF, IF THE OUT PARCEL LATER IN THE DAY WANTED TO COME ASK FOR ONE, THEN THEY'D HAVE TO WORK WITH THE CITY OR TEXT OUT ON THAT.
IT LIKELY WOULDN'T BE ALLOWED JUST 'CAUSE OF THE PROXIMITY OF THE I 30 BUCKNER BOULEVARD AT THE CORNER.
BUT, BUT, BUT IT LOOKS LIKE YOU'RE ACTUALLY PARKING NOW.
IS THAT MEANT TO BE INGRESS EGRESS? UM, UH, WHO CONTROLS THE MOUSE HERE? IT ALIGNS WITH THE NORTHERN DRY VILE.
SO THIS, YEAH, IT APPEARS THERE'S INTENDED TO BE ACCESS.
VICE JA, WOULD YOU MIND, JUST FOR CLARITY FOR THE RECORD, WHAT, UH, PAGE IN THE DOCKET ARE YOU LOOKING AT? THIS IS PRINTED, PAGE 96.
UM, WHAT IS THE TOTAL COVERED AREA OF THE PROPOSED SITE? UM, WELL, A MAJORITY OF THE GARDEN CENTER IS NOT COVERED.
OH, WELL, I, I GUESS I INTENDED TO FOR THAT TO BE INCLUDED.
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NUMBER? YEAH.DO YOU KNOW WHAT THE, AND MAYBE THIS IS FOR THE STAFF, WHAT THE EXISTING BUILDINGS ARE? THERE'S TWO OF THEM.
IS THAT THE TOTAL? TOTAL, OKAY.
THE, THE BUILDING ITSELF, YOU DIDN'T ASK THIS QUESTION, BUT THE BUILDING ITSELF IS 106,000 AND THEN THE GARDEN CENTER IS ABOUT 28,000 MM-HMM.
BUT PEOPLE WALK IN THE GARDEN.
I MEAN, THAT'S ESSENTIALLY AN AISLE, RIGHT? IF I'M, IF I'M IMAGINING IT CORRECTLY, THAT'S A, IT'S ESSENTIALLY A GREENHOUSE.
UM, HOW MANY EMPLOYEES DID YOU SAY, UH, YOU REQUIRE TO OPERATE? UH, I DON'T KNOW THAT NUMBER OFF THE TOP OF MY HEAD.
UM, YOU SAID SOMETHING IN YOUR PRESENTATION ABOUT A CERTAIN AMOUNT OF SPACES THAT WORK FOR EMPLOYEES.
SO EMPLOYEES AND CUSTOMERS, LIKE THOSE ARE OPEN STALLS THAT ARE NOT OCCUPIED BY ANOTHER ACCESSORY USE LIKE A SHED OR, SO YOU DON'T KNOW EVEN ROUGHLY HOW MANY EMPLOYEES IT TAKES TO RUN ONE OF YOUR OPERATION? I, I WOULD SAY PROBABLY 50 EMPLOYEES, MAYBE 30 TO 50.
AND WE'RE TALKING, I NEED TO MOVE, I DON'T KNOW WHAT PAGE THIS IS ON, BUT YOU DID PROVIDE IT, THE BREAKDOWN OF
MAY I ASK A QUESTION WHILE YOU'RE TRACKING THAT DOWN? YES, PLEASE.
UM, THE PARKING STUDIES THAT YOU CONDUCTED AT THE OTHER SITES, I IMAGINE THEY'RE PARKED IN THE SAME WAY THAT EMPLOYEES SHARE SPACES THAT ARE, I MARKED THAT RIGHT? THAT'S RIGHT.
SO THE NUMBERS THAT YOU USED AND CALCULATED WITH THE OTHER STUDIES WOULD BE CONSISTENT IN TERMS OF THE OVERALL THAT'S CORRECT.
YEAH, TO THE EXTENT THE SITES ARE CONSISTENT, UH, OKAY.
COULD SOMEBODY WITH EYES, UH, READ, READ THE NUMBERS FOR ME AND TELL ME WHAT THE TOTAL PROVIDED PARKING IS ON, ON THIS FRONT FIELD? 352 SIDE REAR FIELD, 70 STALLS TOTAL OF 422.
AND THEN EX EXTRA STALLS FOR THE ACCESSORY USES 467 TOTAL NUMBER OF PARKING SPACES.
SO LET'S CALL IT FOUR THIRTY FOUR.
UM, OTHER QUESTIONS? THANK YOU.
UH, I DON'T KNOW IF THERE'S OPPOSITION.
UM, MR. DELUCA IS, UH, IN FAVOR WITH THE APPLICANT.
UM, IF YOU HAVE A SHORT CLOSING STATEMENT, YOU'RE WELCOME TO USE, USE, GOOD DEAL OF TIME AT THE BEGINNING.
BUT IF YOU TECHNICALLY HAVE A REBUTTAL, IF YOU'D LIKE TO USE IT TWO AND A HALF MINUTE.
NO, I JUST, I JUST WANTED TO HIGHLIGHT THAT, YOU KNOW, WE SPENT A LOT OF TIME ON TRYING TO, TO, TO SHOWCASE THAT, UM, THE TOTAL NUMBER OF PARKING SPACES WE'RE, WE'RE PROPOSING SHOULD MORE THAN MEET THE DEMAND HERE AT THIS LOCATION.
UM, JUST THE WAY THE HOME DEPOT IS DESIGNED AND OPERATED, UM, SHOULD NOT CREATE ANY UNDUE TRAFFIC HAZARDS ON ANY RIGHT OF WAY OR ADJACENT PROPERTIES.
UM, HOME DEPOT HAS BEEN WORKING WITH SAM'S CLUB ABOUT THE, THE SHARED DRIVE THERE BETWEEN THE TWO OF THEM.
UM, AND OBVIOUSLY WORKING WITH THE CITY OF DALLAS ON, UH, DESIGN FOR INSTALLATION OF A NEW TRAFFIC SIGNAL.
UH, I WANNA, OH, I'M SORRY, MR. SINGTON.
I JUST WANT TO, I NEED TO USE MY CALCULATOR.
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OKAY.UH, THERE ARE NO MORE SPEAKERS.
IS THERE A MOTION VICE CHAIR? I HAVE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENTS IN APPEAL NUMBER BDA 2 3 4 0 7 9 ON APPLICATION OF JOHN CORBET GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 422 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 512 OFF STREET PARKING SPACES BECAUSE OF OUR EVALUATION OF THE PROPERTY USE.
AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
AND THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES.
THIS SPECIALIST EXCEPTION IS GRANTED FOR A HOME IMPROVEMENT CENTER USE ONLY I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE OF THE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF 90 SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE HOME IMPROVEMENT CENTER USE IS CHANGED OR DISCONTINUED.
IT IS SA SO THE MOTION TO APPROVE IS MR. SINGTON SECOND BY MR. SLADE.
UM, I APPRECIATE ALL PARTIES, UM, ESPECIALLY MR. CORBIT FOR, UM, UH, YOU KNOW, PRESENTING SUCH A, A, A CLEAR AND CONCISE, UH, PRESENTATION AND OUTLINING FOR US, UM, ON MULTIPLE OCCASIONS.
UH, IN FACT, UH, THE, UM, THE, UH, THE DETAILS OF, OF THE, OF THE CASE, MR. MILKEN, I TOO APPRECIATE, UH, MR. CORBETT'S, UH, EFFORT AND TRYING TO GET THE, UH, TRAFFIC STUDY, UM, COMPLETED AND PUSHED THROUGH WORKING WITH THE, UM, NEIGHBORHOOD AS WELL AND THE, UH, NEIGHBORING RETAILERS TO, UM, TO PARTNER WITH THEM AND MAKE SURE THAT WE GET THE, UM, THE ROLLOUT OF THE TRAFFIC AND THE, UM, THE LIGHTS AND THE SAFETY OF THE AREA COMPLETED BEFORE THE, UM, OPENING OF WHAT WE HOPE WILL BE A VERY SUCCESSFUL STORE FOR THE COMMUNITY.
MR. SHADE, MR. POLL? SO I'VE ASKED A LOT OF QUESTIONS.
UH, I LOOK AT THE MATH AND I THINK WE'RE, WE'RE BASICALLY TAKING BUILDINGS, WHAT I CAN TELL THAT EQUAL ABOUT 120,000 FEET, PUTTING 135,000 FEET AND, AND, UH, REDUCING PARKING BY 18%, I BELIEVE.
SO IF YOU TAKE THE 18% ADD THE 12% INCREASE IN SQUARE FOOTAGE, IT'S, IT'S A, IT'S NOT INSIGNIFICANT.
UH, I ALSO THINK WHAT WE'RE ESSENTIALLY DOING IS ALLOWING AN OUT PARCEL USE, UH, THIS EASILY COULD BE PARKED USING THAT, THAT SPACE MITIGATING IS A TRAFFIC LIGHT WIDE STALLS, WHICH IN MY MIND, I MEAN, YOU, YOU, IF YOU WERE, IF YOU SAID ALL STALLS ARE EQUAL, UH, YOU COULD CRAM MORE INTO IT AND WIDE, UH, TURNING RADIUS FOR, FOR THAT.
SO, UH, GIVEN THOSE THREE, I HAVE CONCERNS, BUT, UM, I TRY TO FIND A WAY TO SAY YES TO THINGS.
UM, SO THAT'S PROBABLY HOW I FEEL THERE.
BUT I COULD BE TALKED OUT ADVICE, YOUR AG, IF I MAY.
I THINK SOMETHING ELSE THAT, UM, THIS CASE HAS BOUNCED AROUND FOR, UH, A COUPLE SESSIONS.
AND SOMETHING THAT STRUCK ME FROM, I BELIEVE THE FIRST TIME WE HEARD ANY TESTIMONY ON THE MATTER WAS THE OPINION OF MR. CORBETT AS A PRESENTER ABOUT HOW THE USE WAS, UH, UNLIKE MAYBE A LARGE MARKET WHERE, UH, THERE MIGHT BE A, A LARGER RUSH OF THAT, A PARTICULAR TIME THAT COULD SPILL OVER INTO OTHER AREAS.
THE TESTIMONY WE WERE GIVEN WAS THAT GIVEN THAT THIS IS A LARGE GOOD STORE, PEOPLE ARE NOT GOING TO BE COMING AT ALL AT THE SAME TIME, OR LIKELY PARKING FAR AWAY.
THAT IF SOMEBODY COULD NOT FIND A SPOT NEAR ENOUGH TO THE FRONT FOR THEM TO GET WHATEVER LARGER ITEMS THEY MIGHT NEED, THEY PROBABLY WOULD GO ELSEWHERE.
AND AS A RESULT OF THAT, UM, IT WAS IN PARTICULAR A DIFFERENT TYPE OF USE THAT, THAT JUSTIFIED IT DESPITE IT BEING, UH, A HIGHER SQUARE FOOTAGE.
[00:35:01]
AND THAT, UM, IS CONSISTENT FOR ME AS TO WHY I'M GONNA BE VOTING IN FAVOR.I HEARD THAT ARGUMENT MADE IT EARLIER.
SO MORE DISCUSSION WHEN WE READ IT.
MOTION PASSES TO GRANT FIVE TO ZERO.
SO THANK YOU FOR ALL OF YOUR WORK.
UH, THE FINAL CASE TODAY IS A AO APPEAL.
IT IS BDA 2 3 4 DASH 1 27 52 39 MONTH CELLO AVENUE.
AND LET ME JUST READ THE REQUIRED READING AND HERE ARE THE RULES.
HERE ARE THE, HERE ARE THE PROCEDURES WE WILL OPERATE IN.
UH, THE APPLICANT'S CASE WILL LAST FOR 20 MINUTES, UP TO 20 MINUTES.
THE APPLICANT MAY GIVE AN OPENING STATEMENT, CALL WITNESSES, AND OFFER EVIDENCE.
HOWEVER, IF THE APPLICANT CALLS A WITNESS, THE BUILDING OFFICIAL IS ABLE TO CALL, IS ABLE TO CROSS-EXAMINE THE WITNESS FOR UP TO FIVE MINUTES, DOESN'T COUNT AGAINST ANYONE'S TIME LIMIT.
UH, AND THE APPLICANT CAN CONDUCT A REDIRECT OF HIS WITNESS.
THE APPLICANT CAN SUBMIT DOCUMENTS TO THE BOARD SECRETARY AS LONG AS THEY COMPLY WITH THE DOCUMENTARY EVIDENCE.
RULES SET FORTH IN THE BOARD'S RULES OF PROCEDURES.
THE BOARD CAN ASK QUESTIONS AT ANY TIME.
BOARD MEMBER QUESTIONS WILL NOT COUNT TOWARDS THE TIME LIMITATION.
THE BUILDING OFFICIAL'S CASE WILL LAST FOR 20 MINUTES.
THE BUILDING OFFICIAL MAY GIVE AN OPENING STATEMENT, CALL WITNESSES, AND OFFER EVIDENCE.
HOWEVER, THE BUILDING OFFICIAL CALLS A WITNESS, THE APPLICANT IS ABLE TO CROSS EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES.
THAT DOESN'T COUNT AGAINST ANYONE'S TIME.
AND THE BUILDING OFFICIAL CAN CONDUCT A REDIRECT.
THE BUILDING OFFICIAL CAN SUBMIT DOCUMENTS TO THE BOARD'S SECRETARY AS PROVIDED THEY MEET OUR DOCUMENTARY EVIDENCE RULES.
THE BOARD CAN ASK QUESTIONS AT ANY TIME.
THOSE QUESTIONS IN YOUR ANSWERS DON'T COUNT AGAINST ANYONE'S TIME.
THE APPLICANT IS ALLOWED A THREE MINUTE REBUTTAL, THEN A THREE MINUTE CLOSING STATEMENT.
THE BUILDING OFFICIAL THEN GETS A THREE MINUTE CLOSING STATEMENT.
UH, A MOTION IS REQUIRED TO EITHER AFFIRM, REVERSE OR AMEND THE BUILDING OFFICIAL'S DECISION.
FOLLOWING THE MOTION IS THE TIME FOR OPEN DISCUSSION OF THE CASE BY BOARD MEMBERS.
UH, I'LL NOTE THAT, UH, THE BOARD HAS THE ABILITY TO AFFIRM, DENY, VARY.
UM, IT'S NOT JUST AN UP OR DOWN IF YOU DON'T WANT IT TO BE AS LONG AS, UH, AS LONG AS THE BUILDING OFFICIAL WOULD ACTUALLY HAVE THAT.
SO OUR JOB IS TO SIT IN PLACE OF THE BUILDING OFFICIAL.
I THINK BEFORE WE START THE REQUIRE THAT THE, I ASKED FOR THE, FOR THE ACTUAL CD AND IT WAS EMAILED TO EVERYONE.
DOES WANNA CHECK YOUR EMAIL AND CONFIRM OR, UH, YEAH, WE WE HAVE A COPY OF THE AMENDMENTS OR THE ADDENDUMS, UNLESS YOU HAVE SOMETHING I DON'T HAVE.
SO THAT'S NOT, I, I DON'T BELIEVE THAT'S THE ENTIRE
MS. WILLIAMS, YOU, YOU EMAILED A, A LINK TO US.
OH, NO, I, YOU DIDN'T, I PRINTED, I PRINTED THE ORDINANCE AND THE OH, I THOUGHT, I THINK THOSE WERE JUST, THAT'S JUST THE, UH, ADDEND, HOLD ON.
OH, WELL THAT'S WHAT I WAS AT.
SO I, I WANTED THAT'S THE ACTUAL, OR WE, WE HAVE TO BE THE BUILDING OFFICIALS SO THAT, I DON'T KNOW HOW WE DO IT WITHOUT THE ORDINANCE.
AND I, AND I'M HA I DON'T NEED IT TO BE PRINTED IF WE CAN YES.
UM, COUNSEL, IS THE ENTIRE ORDINANCE APPLICABLE TO WHAT WE NEED TO REVIEW TODAY? YES, IT IS.
THE ENTIRETY OF IT IS OUR JOB TO INTERPRET AND, AND TO DECIDE WHAT IS I UN UNDER, UNDER.
I, WELL, I'M G LEANING ON COUNSEL
[00:40:01]
TO, TO ANSWER THE QUESTION.I HAVEN'T SEEN THE ENTIRE ORDINANCE.
UM, BUT IT, YOU WERE ESSENTIALLY ONLY LOOKING AT THE PROVISIONS THAT APPLY TO THE PAINTING OF BRICK.
AND I THINK THAT'S WHAT'S THE HIGHLIGHTED PORTION IN THIS HANDOUT IS YEAH.
I DON'T KNOW WHAT IT'S, SO, I, I, HANG ON MS. MARK.
THE ORDINANCE ARE AVAILABLE ONLINE IF, IF YOU HAVE ACCESS, I NEED SOMEBODY TO GIVE US THE, I WANNA MAKE SURE THAT WE'RE ALL LOOKING AT THE SAME THING BECAUSE OF THE QUASI JUDICIARY.
UH, CAN YOU GIVE US THE WEBSITE THAT WE SHOULD GO TO? I'LL SUGGEST THAT YOU DO.
I'LL, I'LL, I'LL FORWARD IT AGAIN.
WILL, IF YOU'LL JUST, I JUST WANNA MAKE SURE WE'RE ALL LOOKING AT THE SAME THING AND WE HAVE ACCESS TO IT.
MR. S WELL, I, I REQUEST THAT THE, UM, MEMBERS HAVE AN OPPORTUNITY TO REVIEW THE ORDINANCE, UH, IF IT'S APPLICABLE IN ITS ENTIRETY.
UM, I'D LIKE TO BE ABLE TO READ, READ MYSELF IN, AND I'M SURE THE OTHER MEMBERS WOULD AS WELL.
HONESTLY, NO, NOT EVERY SINGLE WORD OF ANYTHING IS, BUT, BUT WE DO HAVE THE FACADE AND THERE IS A LARGER FRAMEWORK.
UH, YOU GOT, UM, MS. MS. WILLIAMS? I'M GUESSING MAYBE YOU SENT IT TO MY GAI SENT IT TO YOU GUYS.
SO WHY DON'T WE TAKE, LET'S JUST TAKE 10 MINUTES FROM THE MEETING.
IF YOU DON'T NEED IT, TAKE A BREAK.
[00:54:10]
MS. WILLIAMS,[00:54:10]
WHEN YOU ARE READY.IT IS 1:58 PM ON OCTOBER 31ST, 2024.
PANEL C OF THE BOARD OF ADJUSTMENT IS BACK IN SESSION.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH
[00:55:01]
IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
2201 MAIN STREET, DALLAS, TEXAS.
UH, AS, AS I SAID, MY NAME'S CARL CROWLEY, REPRESENTING THE OWNER OF THIS PROPERTY.
THE HUFF ON YOU'RE MIC ON? UH, YES IT IS.
SO, UM, WHY WE'RE HERE OBVIOUSLY IS, UH, APPEAL OF THE BUILDING OFFICIALLY DECISION ABOUT, UM, THE PAINTED BRICK IN THIS SITUATION.
UH, CONSERVATION DISTRICT NUMBER NINE.
I'M NOT GONNA READ IT FOR YOU, BUT, UM, ITS PURPOSE, UM, WAS TO PROMOTE DEVELOPMENT OF REDEVELOPMENT THAT IS COMPATIBLE WITHIN THE EXISTING NEIGHBORHOOD, CONSISTS OF MOSTLY SINGLE FAMILY HOMES, BUT ALSO AS A SMALL COMMERCIAL DISTRICT, WHICH WE'LL DISCUSS LATER.
SO ON SEPTEMBER 9TH, UH, THE OWNERS OF THE PROPERTY REQUESTED A, UM, A WORK ORDER TO PAINT THE, UH, PAINT THE EXTERIOR BRICK OF THEIR HOUSE.
IT HAD PREVIOUSLY BEEN PAINTED.
UM, AND THEN SOMEONE, UH, BASICALLY TURNED THEM INTO THE BUILDING OFFICIAL DEPART.
SO, UH, THE BUILDING OFFICIAL DENIED, UH, THE REPORT OR DENIED THE REQUEST.
AND YOU CAN SEE, UH, THE REASONS THERE.
I'M JUST GONNA TOUCH ON, UH, A COUPLE OF THEM.
UM, UH, NUMBER FOUR, WELL, UH, NUMBER TWO TALKS ABOUT, UH, IT DOESN'T MEET STANDARDS FOR A TUTOR COTTAGE.
WE AGREE IT IS A TUTOR, COTTAGE HOUSE REMODELING OF HOUSES THAT ARE IDENTIFIED AS HIGH TUTOR OR TUTOR COLLEGE IN THE EXHIBIT B.
MUST MEET CERTAIN STANDARDS, A WRAPAROUND, THINGS LIKE THAT.
ANY REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE AND SIZE, COLOR, COURSING TEXTURE, MORTARING AND JOINT DETAILING.
ALL NEW CONSTRUCTION MUST BE BUILT IN COMPATIBLE, ORIGINAL, UM, BRICK MUST BE A SCRATCH FACE TEXTURE RELEASE, THREE SUBTLE TONES.
UM, SO, UH, I, I THINK REALLY WHAT COMES INTO QUESTION HERE IS THE IDEA OF REMODELING.
UM, THE ONLY REMODELING DONE ON THIS HOUSE WAS NOT REMODELING, PAINTED THE BRICK.
THERE WAS NO STRUCTURAL CHANGE.
NO WINDOWS CHANGED, NO DOORS CHANGED.
NOTHING ELSE CHANGED EXCEPT THE BRICK WAS PAINTED ON THIS HOUSE.
SO GO TO THE NEXT PAGE PLEASE.
SO THESE ARE SECTIONS OUT OF, UH, CD NUMBER NINE.
UM, ALL NEW CONSTRUCTION MUST BE BUILT, AS I MENTIONED, THE HIGH TUDOR STYLE, A COMPATIBLE, AND AS I MENTIONED FOR THE MATERIALS, UM, IT MUST BE BRICK STONE.
THIS HOUSE IS BRICK AND STONE AND HAS BEEN, HAS ALWAYS BEEN BRICK AND STONE.
IT MUST BE TYPICAL OF BRICK AND STONE.
ORIGINAL, UH, THIS IS FOR NEW CONSTRUCTION.
AGAIN, WE DID NO NEW CONSTRUCTION TO THIS HOUSE WE JUST PAINTED.
NO DOORS, NO NEW CONSTRUCTION.
I JUST HAVE TO BE SURE THAT I'M CLEAR.
UM, ARE YOU, ARE YOU SAYING THAT, UM, SINCE THERE WAS YOU, IT'S YOUR TESTIMONY, ARE YOU, YOU'RE EXPLAINING TO US THAT YOU DON'T BELIEVE THAT, UH, THE BUILDING OFFICIAL OFFICIAL'S DECISION WAS CORRECT BECAUSE IT'S NOT NEW CONSTRUCTION.
WELL, AND, AND IT'S NOT A REMODEL OF THE HOUSE.
THERE, THERE ARE NO PROVISIONS IN CD NUMBER NINE THAT PROHIBIT THE PAINTING OF HOUSES, UH, THE BRICK ON HOUSES.
BUT DOESN'T, DOESN'T THE ORDINANCE ARE, UH, AREN'T THE REQUIREMENTS, UM, THAT THE BRICK MUST BE WHETHER IT'S REMODELED OR NEW CONSTRUCTION.
WHAT DO YOU MEAN MUST BE YOU, YOU MUST HAVE, YOU, YOU MUST USE BRICK.
IF YOU, IF YOU REMODEL OR DO NEW CONSTRUCTION AND, AND THE HOUSE IS BRICK PAINTING, PAINTING OF UNPAINTED BRICK DOES NOT MEET THE STANDARDS FOR REMODELING OF A TUDOR COTTAGE, UH, ACCORDING TO THE ORDINANCE.
UH, THE LAST ITEM OF THEIR MATERIALS, ANY REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE AND SIZE COURSE COLOR.
THINGS THAT, AGAIN, WE DID NOT REMODEL THE HOUSE.
IF, IF I HAD A HOUSE THAT WAS NOT IN CD NUMBER NINE AND I WANTED TO PAINT, PAINTING DOES NOT REQUIRE A BUILDING PERMIT, REMODELING DUST.
[01:00:01]
I MOVED WINDOWS, OBVIOUSLY IF I DID SOME SERIOUS REMODELING INSIDE THE HOUSE, IT WOULD REQUIRE A BUILDING, PAINTING A HOUSE DOES NOT REQUIRE A BUILDING PERMIT.VICE CHAIR, MAY I ASK YOUR QUESTION? SO, IS THE APPLICANT'S POSITION THAT THIS WAS NOT A CHANGE TO THE APPEARANCE OF THE HOUSE? THE APPLICANT'S POSITION IS WE, THAT WE ARE ALLOWED TO PAINT THE HOUSE.
UM, AS IN, I'LL GO A LITTLE FURTHER, AS IN ALL MY NEIGHBORS UP AND DOWN THE STREET, OR MAJORITY OF, I'M JUST TRYING TO MAKE SURE THAT WE'RE ON THE SAME PAGE.
'CAUSE THE DEFINITION OF REMODEL UNDER THE ORDINANCE IS MEANS IMPROVEMENTS OR REPAIRS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE ORIGINAL MATERIALS OF THE MAIN STRUCTURE WITH ANOTHER MATERIAL.
SO I WOULD NORMALLY THINK OF PAINTING AS AN IMPROVEMENT THAT CHANGED THE APPEARANCE.
AND I'M JUST TRYING TO UNDERSTAND THE APPLICANT'S POSITION ON WHETHER THIS, THE PAINTING WAS AN IMPROVEMENT.
UM, AND THEN SEPARATELY WHETHER IT CHANGED THE APPEAR, MR. SLATE, I, I DON'T, WE DON'T HAVE A DEFINITION WITHIN, WITHIN THIS, UH, CV OF IMPROVEMENT, DO WE? BUT THAT'S NOT A DEFINED TERM, RIGHT? IMPROVEMENTS OR REPAIRS? I DON'T THINK SO.
UH, THAT THERE ISN'T A DEFINITION OF IMPROVEMENT OR REPAIRS NOT WITHIN THE CV, RIGHT? CORRECT.
THAT'S NOT A DEFINED TERM, RIGHT? CORRECT.
I WANNA MAKE SURE I, NO, I JUST LITERALLY, I WAS ASKING WHETHER I WAS RIGHT, SO THAT'S WHY I WAS TRYING TO UNDERSTAND FROM THE APPLICANT WHETHER THEY VIEWED THE PAINTING AS AN IMPROVEMENT THAT CHANGED THE APPEARANCE OR NOT.
NO, WE DID NOT BELIEVE IT CHANGED THE, THE, AND IT OBVIOUSLY DID NOT CHANGE THE STRUCTURE OF THE HOUSE, AND IT DID NOT QUALIFY THE REMODELING.
UH, AND THEN I GUESS GO TO THE NEXT PAGE.
IT DOES HAVE A DEFINITION, AS YOU MENTIONED, OF WHAT A REMODEL IS.
IT CHANGES THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE ORIGINAL MATERIALS WITH ANOTHER MATERIAL.
OBVIOUSLY, WE DID NOT CHANGE ANY MATERIALS WITH ANOTHER MATERIAL.
UM, FURTHER IN HERE, WE HAVE A PICTURE OF THE BRICK.
IT STILL HAS THE SAME TEXTURE ON IT.
IT'S JUST NOW A, A, IT SLIGHTLY CHANGED THE COLOR OF THE, OF THE BRICK.
UM, AND THEN IT ALSO, THE CONSERVATION JUST MAY ALSO INCLUDE, BUT IT'S NOT LIMITED TO THE FOLLOWING.
UH, USE OF SPECIFIC PAINT COLORS, THE ORDINANCE.
UM, I DID MENTION THERE'S ONE COMMERCIAL SUB AREA WITHIN THIS ORDINANCE.
AND THAT ORDINANCE PERSON, THAT COMMERCIAL PROVISION IN HERE, THAT SUB AREA DOES ACTUALLY CALL OUT PROHIBITING PAINTING THE BRICK.
NOWHERE IN ANY OF THE RESIDENTIAL STANDARDS DOES IT CALL OUT PROHIBITING PAINTING.
IF THEY WANTED THE BRICK NOT TO BE PAINTED, THEY HAD THE OPPORTUNITY AND OBVIOUSLY TOOK IT IN THE COMMERCIAL PORTION TO SAY YOU CANNOT PROHIBIT, YOU CANNOT PAINT BRICK.
SO THAT, THAT WAS SPECIFICALLY CALLED OUT ABOUT IN THE COMMERCIAL SUB AREA.
WITHIN THE CD, YOU'RE NOT ALLOWED TO PAINT THE BRICK, BUT HOWEVER, IT WAS NOT INCLUDED IN THERE.
IT DOES MANDATE PAINTING OF, OF WOOD AND HOW THAT'S TO DONE, BUT IT DOES NOT SAY ANYTHING ABOUT BRICK OR THE RESIDENTIAL STRUCTURE.
NEXT PAGE IS SHOWS THE HOUSE BEFORE AND AFTER IT WAS PAINTED.
AS I MENTIONED, THE HOUSE HAS ALREADY BEEN PAINTED.
YOU CAN SEE, UH, BETWEEN THIS, I'VE GOT ANOTHER PAGE AFTER IT.
THE ARCHITECTURAL ELEMENTS ALL REMAIN THE SAME.
UM, IF YOU'LL GO TO THE NEXT PAGE, YOU CAN SEE THE ARCHITECTURAL ELEMENTS ALL REMAIN THE SAME.
THERE'S NO CHANGE TO THE STRUCTURE OF THE HOUSE.
THERE'S NO CHANGE TO THE APPEARANCE.
UM, IT'S, IT'S ALL PRETTY MUCH THE SAME EXCEPT THE BRICK COLOR HAS BEEN CHANGED FROM A BROWN TO, UH, TO A SORT OF A BEIGE SKULL.
IF YOU GO TO THE NEXT PAGE, YOU CAN SEE IT UP CLOSE OF THE COLOR OF THE BRICK AND THE TEXTURE.
YOU CAN STILL SEE THE TEXTURES THERE ON THE BRICK.
UM, THE THERE NEXT TO IT'S HARD TO SEE APOLOGIZE ON THE SCREEN, BUT THAT'S A RUBBING WE DID.
THE SHIELD SHOWS THE TEXTURE OF THE BRICK.
OBVIOUSLY WHEN YOU PAINT SOMETHING, IF YOU PAINTED SOMETHING, WELL, IF YOU, OBVIOUSLY IF YOU STUCCO SOMETHING, YOU'LL CHANGE THE TEXTURE OF IT.
BUT A PAINTED OBVIOUSLY A VERY THIN LAYER AND DOESN'T REALLY CHANGE THE TEXTURE.
YOU CAN SEE ALL THE TEXTURE IN THE BRICK IS STILL, THERE IS STILL A ROUGH TEXTURE ON THE BRICK.
AND THEN WE WENT AHEAD AND DID A SCRATCHING OF IT.
SO, WHAT WAS IT CALLED? A RUBBING OF IT.
SO YOU COULD SEE THE ACTUAL RUBBING OF THE BRICK.
UM, IT'S HARD TO SEE THAT RED THERE, BUT THAT'S THE, THE RUBBING OF THE BRICK.
IF YOU PUT A PIECE OF PAPER OVER AND RUB IT, SO OF THE TEXTURE OF THE BRICK IS STILL THERE.
AND JUST, UH, IF I MAY ASK THE OTHER QUESTION JUST FOR QUICK CLARIFICATION, IT'S NOW ALL ONE COLOR.
UH, THE NEXT PAGE, UM, THESE ARE HOUSES.
UM, YOU SEE THE ONE WITH THE OVAL SHAPE.
SO AROUND IT, THAT IS THE, THE HOUSE IN
[01:05:01]
QUESTION.THESE ARE HOUSES IN THAT BLOCK AND THE ADJACENT BLOCK THAT ARE PAINTED HOUSES.
THE BRICK HAS BEEN PAINTED ON THESE HOUSES.
UM, SOME MAY OR MAY NOT HAVE RECEIVED, UM, APPROVAL.
UM, SO, UH, THESE ARE ALL THE HOUSES, INCLUDING THE TWO NEXT, OR THE ONE NEXT TO US.
AND THEN ON ONE SIDE SKIP A HOUSE.
AND THERE'S THAT ONE IS ALSO PAINTED.
BUT YOU CAN SEE THE MAJORITY OF THE HOUSES IN THIS BLOCK BASE, UM, ARE, ARE PAINTED BRICK.
UH, THE NEXT IS, IS JUST A SERIES OF PICTURES OF THOSE HOUSES, UH, PAINTED BRICK AND, AND, AND THE HOUSES IN THE AREA THAT HAVE BEEN PAINTED.
UM, THE ONE HOUSE THAT IS NEXT TO US, GUESS THIS WAS HALLOWEEN, PROBABLY NOT THIS YEAR.
UM, AND THEN A CONTINUATION OF, OF THE, THE, OF THE HOUSES IN THE AREA THAT HAVE BEEN PAINTED.
AGAIN, THE STYLE HAS NOT CHANGED.
UH, IT JUST, THE BRICK AND MORTAR OBVIOUSLY PAINT.
YOU CAN GO ALONG, YOU CAN GO THERE.
A CONTINUATION AGAIN, OF THE HOUSES THAT HAVE BEEN PAINTED IN THE AREA.
THERE ARE A LOT, OBVIOUSLY A NUMBER OF HOUSES THAT HAVE BEEN PAINTED.
THE NEXT ONE IS, UH, SOMETHING THAT HAS ACTUALLY COME UP, UH, IN PRIOR CASES SIMILAR TO THIS ONE.
UM, WHEN THIS WAS PUT INTO PLACE, UH, THE CD WAS PUT IN PLACE, I GUESS 20 SOME YEARS AGO.
LOOKS LIKE IT WAS AMENDED IN 13, RIGHT? THE ORIGINAL CD WAS IN 2002.
UM, THE, UH, CITY OBVIOUSLY WENT OUT AND, AND, AND HAD A SERIES OF COMMUNITY MEETINGS WHEN THEY PUT A CONSERVATION DISTRICT COULD DO ANY SORT OF AREA WIDE REZONING IN THIS CASE.
UM, AND ON THEIR WEBPAGE, UH, THE GREENHILL WEBPAGE.
UM, AND, AND YOU CAN SEE IT WAS ON THE WEBPAGE.
UM, SOMEONE ASKED THE QUESTION, I HEARD, WE WON'T BE ALLOWED TO PAINT BRICKS BRICK ON OUR HOUSES.
IS THIS TRUE? AND OBVIOUSLY THE EMPHATIC, AND THIS IS TAKING IT, THIS IS NOT TRUE.
THE ORDINANCE DOES NOT PRO PROHIBIT OR EVEN ADDRESS PAINTING YOUR BRICK ON YOUR STONE OR STONE, NOR DOES IT ADDRESS THE COLOR PAINT.
YOU CAN PAINT YOUR HOUSE FLUORESCENT PURPLE IF YOU LIKE.
OBVIOUSLY YOU DIDN'T CHOOSE THAT.
EVEN IF YOU LIVE IN A TUDOR, WHAT THE ORDINANCE REQUIRES IS THAT YOU MATCH YOUR BRICK AS CLOSELY AS POSSIBLE IF YOU'RE DOING RENOVATIONS ON THE FRONT.
SO IF YOU'VE GOT PAINTED BRICK, YOU NEED, AND YOU'LL NEED TO PAINT THE BRICK THE SAME COLOR IF YOU'RE DOING A RENOVATION.
IF YOUR BRICK IS NOT PAINTED, YOU CAN PAINT IT AND THEN PAINT IT AND THE NEW BRICK.
AND THEN IT LISTS, UH, JACK GARRA.
I DON'T THINK ANYONE HERE IN THIS OFFICE EXCEPT I KNEW, UH, IN THIS MEETING KNEW WHO JACK GARRA WAS.
JACK GARRA WAS THE CITY OF DALLAS WITH THE CITY OF DALLAS BACK THEN AND WAS IN CHARGE OF PROBABLY THE URBAN DESIGN SORT OF SECTION, UM, AND HISTORIC PRESERVATION.
SO, UM, THAT'S, UM, IT GAVE THEM AS A WEBPAGE AS BEING THE ANSWER.
UM, AND I'M SORRY, UH, ADDITIONAL, UM, UH, THINGS THAT HAVE HAPPENED, YOU CAN SEE ON THE NEXT PAGE, UH, 2008, BETWEEN 2008 AND 2012, THIS HOUSE WAS PAINTED.
UM, OBVIOUSLY AFTER THE ORDINANCE WAS PUT IN PLACE, WE WAS IN 2002 SO THAT THAT HOUSE, THE BRICK WERE PAINTED.
UH, AGAIN ON THE NEXT PAGE BETWEEN 13 AND 14, AGAIN, AFTER THE ORDINANCE HAD BEEN APPROVED, UM, IT WAS ADDITIONALLY PAINTED.
AND YOU CAN SEE AGAIN, THE STYLE DOES NOT CHANGE.
UM, THEY JUST PAINTED THE BRICK FROM, FROM A MULTICOLOR TO ONE SOLID COLOR.
AND THEN, UH, WE, NOT THE LAST PAGE, BUT, UH, THIS IS ONE THAT WE ACTUALLY, UM, FOUND IN THE LAST COUPLE DAYS.
I GUESS IF YOU'LL NOTE THE DATE IT WAS REVIEWED WAS, UH, WHAT, UH, 17 DAYS AGO.
UM, WHERE, UM, IT MENTIONED THEY WANNA ADD A SECOND STORY EDITION, A NEW EXTERIOR YARD WORK IN THE REAR.
UM, BUT THEY ALSO WANT TO PAINT, UM, BODY COLOR TO THIS JONESTOWN JAMESTOWN BLUE.
AND, UM, IT WAS APPROVED, UH, AGAIN ON MONTICELLO OR MONTE CELL, SO OH, SURE, NO PROBLEM.
AND SO IS THE APPLICANT REPRESENTING THAT THIS WAS A DIFFERENT COLOR PRIOR? NO.
THEY DID AN ADDITION AND THEY WERE ALLOWED TO PAINT ATTENTION
[01:10:01]
TO MATCH WHAT HAD BEEN THERE.AND, AND, AND THAT OBVIOUSLY THAT BLUE WAS NOT THE ORIGINAL COLOR IN THE HOUSE.
I WOULD AS
AND THEN THEY'VE COME BACK AND THEY'VE REQUESTED TO, UH, PAINT THE ADDITION, WHICH, WHICH WOULD BE ALLOWED.
'CAUSE YOU'RE ALLOWED TO MATCH THE BRICK AS WHEN YOU'VE GOT, THE QUESTION IS WERE THEY PERMITTED TO PAINT THE BRICK THE FIRST TIME? UM, THE, THE NEXT PAGE, UH, TALKS ABOUT, UM, HISTORY IN THE AREA, UM, ABOUT OTHER BOARD CASES THAT ARE SIMILAR TO THIS.
UM, I KNOW THEY DO NOT SET A PRECEDENT, BUT THERE HAVE BEEN OTHER SIMILAR CASES OF, OF AO DECISIONS, UM, FOR PAINTING BRICK IN THE AREA.
UM, ALL THOSE, UM, WERE APPROVED AGAIN, UH, PAINTING THE BRICK.
UH, SO, UH, I SUMMARIZE, UH, THE HOMEOWNERS SEEK TO APPEAL THE BO DECISION THAT DENIES PAINTING THE ENHANCE AND THE DESIRE TO ENHANCE THE HOME'S APPEARANCE REQUESTED FOR TODAY, BECAUSE ALLOWS THE BOARD IN WHOLE OR IN PART TO AFFIRM REVERSE, AS YOU MENTIONED, AMEND THE DECISION, CONCLUDING THE ORIGINAL MATERIALS AND TEXTURE REMAIN.
WE'RE NOT, THEY ARE, DID NOT AND ARE NOT ENGAGING IN REMODELING, ALTERING, OR REPLACING THE ORIGINAL BRICK.
THE PROPOSED PAINTING OF THE EXTERIOR BRICK COMPLIES WITH THE COMPATIBILITY OF CONSERVATION DISTRICT NINE AND THEIR, OBVIOUSLY THEIR SURROUNDING AND EXISTING NEIGHBORS AND ALL OTHER ASPECTS WILL COMPLY WITH THE ZONING, DESIGN STYLE, AND MATERIAL STANDARDS.
ARE THERE QUESTIONS? UH, WHEN YOU, WHEN YOU LOOKED, UH, OUTSIDE OF THE, IS IT, IS IT YOUR TESTIMONY OUTSIDE OF THE, THE ONE CASE THAT YOU CALLED OUT THERE, THERE IS NO MENTION IN THE ENTIRE CODE ABOUT PAINTING BRICK? UH, I AM.
WE DID A WORD SEARCH ABOUT BRICK AND PAINT AND COULD NOT FIND ANYTHING THAT TALKS ABOUT PAINTING BRICK BESIDES THE COMMERCIAL PORTION.
YOU, UH, OUTTA CURIOSITY, THE, THE WEBSITE SNIPPET YOU FOUND, UH, WHERE DID YOU FIND IT? DID YOU USE WAYBACK MACHINE OR WHAT DID YOU UM, UH, THE APP, THE HOMEOWNER PROVIDED THAT TO ME, BUT I BELIEVE SO SOME, SOME SOFTWARE LIKE THAT IS, I DIDN'T SEE A, A SITE.
ARE THERE ANY OTHER QUESTIONS? OKAY, THANK YOU.
UM, MR. I'LL FIND IT ON, I DO NOT KNOW VICE CHAIR, IF I MAY.
I THINK THE EXHIBIT B ITSELF REFLECTS IN THE BOTTOM PART OF THE, SORRY, HOLD ON.
EXHIBIT B TO THE SUBMISSION OF BY THE APPLICANT INCLUDES A FOOTER THAT INDICATES IT'S FROM THE WAY BACK MACHINE HERE.
UH, IF, IF HE SPEAKS, HE'D BE A WITNESS.
UH, IT IS YOUR, UH, I THINK MARY SAYS HE.
THANK YOU MR. MR. UH, ADMINISTRATIVE OFFICIAL.
DO YOU SWEAR OR AFFIRM IN YOUR, IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I DON'T KNOW WHO HAS THE WEBEX, BUT CAN I HAVE PERMISSION TO SHARE OR WILL I BE ABLE, LET'S SEE.
I'M THE CHIEF PLANNER FOR CONSERVATION DISTRICTS WITH PLANNING AND DEVELOPMENT.
UH, OF COURSE, WE ARE HERE TODAY TO DISCUSS THE, UH, PAINTING OF PREVIOUSLY UNPAINTED BRICK AT
[01:15:01]
52 39 MONTICELLO.AND SO I JUST WANNA START OUT WITH A LITTLE BIT OF BACKGROUND AS TO HOW WE GOT TO THIS POINT TODAY.
YOU KNOW, OVER THE, THE LAST DECADE OR SO, THERE STARTED TO BE A SERIES OF COMPLAINTS ABOUT THE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD, UH, SPECIFICALLY THE CD NINE, UH, DISTRICT, WHICH IS COMPRISED OF NEARLY ALL BRICK TUDOR STYLE STRUCTURES.
UM, THE COMPLAINTS WERE ALSO THAT WE WERE NOT FOLLOWING THE, UH, LANGUAGE THAT WAS INCLUDED IN THE ORDINANCE.
AND IN FACT, UH, BY ALLOWING THE PAINTING OF BRICK, IT MADE ORIGINAL AND NEW CONSTRUCTION HOUSES NON-COMPLIANT WITH THE ORDINANCE.
IN AN EFFORT TO CLARIFY THAT, IN 2019, A BUILDING OFFICIAL'S INTERPRETATION WAS ISSUED, UH, OFFERING GUIDANCE TO THOSE WHO REVIEW PLANS.
UM, AND THAT GUIDANCE WAS THAT BRICK THAT WAS PREVIOUSLY UNPAINTED WOULD NOT BE ALLOWED TO BE PAINTED.
SINCE THAT, UH, INTERPRETATION WAS ISSUED IN 2019, NO HOUSES HAVE BEEN APPROVED TO BE PAINTED IF THEY WERE, UH, UNLESS THEY WERE PREVIOUSLY PAINTED.
AND IN FACT, WE'VE HAD THREE HOUSES THAT WERE PAINTED WHERE THE PAINT WAS, UH, REMOVED BY THE HOMEOWNER IN ORDER TO BECOME IN COMPLIANCE WITH THE ORDINANCE.
SO SINCE 2019, WE HAVE HAD ZERO HOUSES THAT WERE PREVIOUSLY UNPAINTED APPROVED TO BE PAINTED.
THIS IS THE PURPOSE STATEMENT, UH, FOR CD NINES STATING THAT, YOU KNOW, THE PURPOSE OF THE DISTRICT, UH, IS TO CONSERVE THE M STREET'S NEIGHBORHOOD AND PROTECT AND ENHANCE ITS SIGNIFICANT ARCHITECTURAL AND CULTURAL ATTRIBUTES.
UH, THESE REGULATIONS ENSURE THAT NEW CONSTRUCTION, RENOVATION AND REMODELING IS DONE IN A MANNER THAT IS COMPATIBLE WITH THE ORIGINAL ARCHITECTURAL STANDARDS FOUND WITHIN THE DISTRICT.
YOU KNOW, THIS, UH, QUESTION HAS ALREADY COME UP, BUT THE ORDINANCE DOES DEFINE, UH, THE TERM REMODEL.
AND IN THAT DEFINITION IT SAYS REMODEL MEANS IMPROVEMENTS OR REPAIRS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE ORIGINAL MATERIALS OF THE MAIN STRUCTURE WITH ANOTHER MATERIAL.
IT GOES ON TO STATE THAT REMODELING, WHICH IS DEFINED THERE ON THE SCREEN, UH, OF HOUSES THAT ARE IDENTIFIED AS HIGH TUTOR OR TUTOR COTTAGE MUST COMPLY WITH THE STANDARDS FOR NEW CONSTRUCTION, AS WELL AS THE STANDARDS FOR REMODELING.
MATERIALS FOR REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE IN SIZE, COLOR, COURSING TEXTURE, MORTARING AND JOINT DETAILING.
SO, REMEMBERING THAT IT STATED THAT THE STANDARDS FOR REMODELING INCLUDED THAT THEY MUST MEET THE STANDARDS FOR NEW CONSTRUCTION, WHICH IS WHY I'M GONNA READ SOME OF THOSE FOR YOU AS WELL.
STATES FOR NEW CONSTRUCTION, UH, HOUSES MUST BE CONSTRUCTED OF BRICK AND OR STONE USING THE SAME COLORS, COURSE PATTERNS, MATERIAL PLACEMENT, AND MATERIAL COMBINATIONS FOUND IN ORIGINAL HOUSES.
BRICK MUST BE SCRATCH, FACE, OR TEXTURED WITH AT LEAST THREE SUBTLE VARIATIONS IN TONE.
BRICK, COLORS AND TEXTURES MUST BE TYPICAL OF THE BRICK USED ON ORIGINAL HOUSES.
STONE MUST BE SIMILAR TO THE STONE USED ON ORIGINAL HOUSES.
MR. SASHA, MR. BROWN, I JUST WANT JUST WANT YOU TO GO BACK JUST FOR A MINUTE AND JUST RESTATE, UM, THIS IS IN THIS PARTICULAR, UM, VERBIAGE THAT YOU'RE USING, THIS IS IN REGARDS TO NEW HOUSES OR ALL ORIGINAL HOUSES.
SO IT MUST MEET, IT MUST MEET THE REQUIREMENTS THAT WERE ESTABLISHED THAT, UH, THAT WERE IN RELATION TO HOUSES THAT WERE ALREADY EXISTING, RIGHT? SO IF, IF A, IF A OWNER IS EITHER REMODELING OR CONSTRUCTING, IT MUST MEET THE, THE, THE STANDARDS THAT WERE SET BY OFTEN BY HOUSES THAT WERE, THAT ARE ALREADY EXISTING, CORRECT? RIGHT.
AND IT DOES DEFEN, UH, DEFINE ORIGINAL HOUSES AS WELL AS THOSE HOUSES IN THE HIGH TUTOR STYLE BUILT BETWEEN 1920 AND 1940, I BELIEVE.
BUT YOU ARE CORRECT THAT EVERYTHING THAT I HAVE READ IN THE LAST TWO SLIDES APPLIES TO NEW CONSTRUCTION AS WELL AS REMODELING.
IN FACT, THE ORDINANCE STATES THAT ANY REMODELING MUST MEET THE STANDARDS FOR NEW CONSTRUCTION AS WELL.
SO THEY'RE ALL HELD TO THE SAME STANDARDS.
UH, WELL, WELL I'VE GOT, SO I THINK I READ, SO NEW CONSTRUCTION HAS TO MATCH EXISTING CONSTRUCTION.
SO NEW CONSTRUCTION, NEW CONSTRUCTION, NEW CONSTRUCTION HAS TO USE BRICK THAT USES THE SAME COLORS, COARSE PATTERNS AND MATERIAL PLACEMENT AS ORIGINAL HOUSES AND GOES ON TO STATE THAT NEW HOUSES MUST HAVE SCRATCH FACE OR TEXTURED BRICK WITH THREE SUBTLE VARIATIONS IN TONE.
[01:20:01]
POSITION HERE THAT THE ISSUE IS THE VARIATIONS OF COLOR OR IS IT YOUR POSITION THAT NO, UNDER, UNDER THE RULES NO BRICK COULD BE PAINTED, PERIOD.WELL, SO WE HOPE TO MAKE THAT CASE IN THE REMAINDER OF THE PRESENTATION.
ALRIGHT, THEN I'LL, UH, I'LL WAIT JUST TO SHOW YOU WHAT WE, UH, MEAN BY AN ORIGINAL HOUSE, UH, IN CD NINE.
THESE ARE ALL GREAT EXAMPLES OF THE, UH, ORIGINAL HOUSES THAT HAVE A BLONDE BRICK.
UH, ANOTHER REQUIREMENT FOR NEW CONSTRUCTION.
THERE ARE SOME, UH, ART, UH, OPTIONAL ARCHITECTURAL ELEMENTS THAT MAY BE INCLUDED.
YOU HAVE TO USE AT LEAST FOUR IN ORDER TO, UH, QUALIFY FOR THE, UH, THE HIGH TUTOR, UH, MEET THE ORDINANCE FOR HIGH TUTOR.
AND ONE OF THOSE IS THAT IT HAS TO USE A, A BLONDE OR LIGHT COLORED BRICK SIMILAR TO ORIGINAL HOUSES, WHICH IS WHY I'VE PROVIDED THESE EXAMPLES HERE.
WE'VE GOT SOME GREAT, UH, OKLAHOMA, UH, FIELD STONE, THAT NICE RED STONE THAT ADDS, UH, ACCENTUATES DIFFERENT ELEMENTS.
THE ARCHES OVER THE PORCH, UH, THAT, UH, UH, STATUE LEDGE THERE ON THE CHIMNEY AND THE LOWER LEFT CORNER.
UM, AND REALLY, UH, ACCENTUATES A LOT OF ARCHITECTURAL DETAIL, UH, IN THE DISTRICT.
THERE ARE, OF COURSE, OTHER BRICK, UH, PATTERNS THAT ARE USED, UH, IN TERMS OF COLOR FOR ORIGINAL HOUSES IN THE DISTRICT.
THESE ARE JUST A FEW EXAMPLES.
WE SEE SOME OF THAT NICE, UH, DEEP RED, UH, AND DARK BROWNS.
UM, AND ALSO SOME, UM, TONES THAT ARE A LITTLE BIT MORE IN THE BUFF AND BROWN, UH, CATEGORY AS OPPOSED TO THE BLONDE.
SO THESE, THESE ARE THE TYPES OF BRICKS THAT WHENEVER YOU COME TO US TO BUILD YOUR HOUSE IN CD NINE.
WE WOULD BE LOOKING FOR YOU TO USE MATERIALS SIMILAR TO THESE THREE VARIATIONS IN TONE, SCRATCH, FACE, OR TEXTURED BRICK.
SO A LITTLE BIT ABOUT HOW PAINT CAN IMPACT THAT.
UH, CERTAINLY PAINT WILL CHANGE THE APPEARANCE OF THE BRICK IN SEVERAL WAYS.
UM, OBVIOUSLY IF WE PAINT A BRICK ONE COLOR, WE LOSE THAT SUBTLE VARIATION IN TONE, AND ANY INCLUSIONS THAT MAY BE INCLUDED IN THE BRICK MIGHT NOTICE, UH, IN THAT EXAMPLE TO THE LEFT, THAT BRICK KIND OF HAS SOME DARK FLEX, UH, IN IT.
UM, AND THAT'S WHAT WE'RE TALKING ABOUT WHEN WE TALK ABOUT SORT OF THOSE INCLUSIONS THAT CAN ALSO BE INCLUDED IN THE COLOR OF THE BRICK TEXTURE.
YOU KNOW, TEXTURE IS LOST WHEN WE PAINT BECAUSE IT FILLS THE GAPS, UH, WITH EACH COAT THAT WE APPLY.
YOU'LL NOTICE THERE ON THE EXAMPLE TO THE RIGHT, UH, A COUPLE OF AREAS WHERE THE PAINT HAS NOT YET FILLED IN THE, UH, TEXTURE ON THE BRICK, I CAN ASSURE YOU THAT THEY INTEND TO COME BACK AND REPAINT OVER THAT, UH, FURTHER ADDING MATERIAL INTO THOSE, UH, VOIDS.
ALSO, WE LOSE THE, THE DETAIL OF THE MORTAR.
SO WE'VE ALREADY GOT, UH, THREE SUBTLE VARIATIONS IN TONE, BUT WE'RE ALSO GONNA HAVE A, A CONTRASTING COLOR MORTAR HIGHLIGHTING THOSE INDIVIDUAL BRICK UNITS.
SO WE'VE GOT KIND OF THIS, UH, UH, MULTICOLORED, UH, MULTIDIMENSIONAL MATERIAL WHEN WE TALK ABOUT BUILDING WITH BRICK THAT WE ARE THEN COVERING UP AND LOSING WHENEVER WE PAINT.
UH, THIS IS A HOUSE ALSO IN THE M STREETS.
UH, OBVIOUSLY THE, THE PHOTO ON THE RIGHT IS THE, THE BUILDING BEFORE IT WAS PAINTED.
WE'VE GOT A LOT OF NICE, UH, SUBTLE VARIATION IN TONE THERE.
WE ALSO HAVE, UH, SOME GREAT, UM, UH, BRICK PATTERNING THERE ABOVE THE DOOR, THAT NICE BASKET WEAVE PATTERN THAT'S VERY DISTINCTIVE AND ALSO INDICATIVE OF THE, THE TUDOR STYLE.
UM, AND OF COURSE, LOOK AT THE CONTRAST BETWEEN THE MORTAR, THE GRAY MORTAR, AND THAT, UH, BLONDE AND KIND OF ORANGEY, UH, BRICK.
SO WE'VE GOT A LOT OF DETAIL THERE ON THE RIGHT THAT WE LOSE WHENEVER WE PAINT A MONOCHROMATIC ALL ONE COLOR.
THIS IS AN EXAMPLE TO JUST SORT OF TRY AND DEMONSTRATE WHENEVER WE SAY THAT WE'RE LOSING TEXTURE.
UH, THIS IS A PROPERTY THAT WAS, UH, STOPPED AFTER ONE COAT OF PAINT WAS APPLIED.
YOU'LL NOTICE, UH, HERE ON THE, WELL, REALLY IN BOTH IMAGES, YOU'LL NOTICE KIND OF THESE AREAS WHERE, UH, WE'VE GOT A LOT OF REALLY FLAT WHITE WHERE MORE PAINT WAS APPLIED THAN MAYBE SOME OF THESE AREAS WHERE WE'VE STILL GOT SOME OF THE BRICK, UH, AND THE, THE SCRATCH FACE COMING THROUGH.
SO WE CAN KIND OF SEE THESE DARKER AREAS WHERE THOSE SHADOW LINES AND THINGS THAT WOULD BE PRESENT IF THAT WAS SCRATCH FACE BRICK.
BUT WE LOSE IT IN THOSE AREAS WHERE MAYBE MORE PAINT HAS BEEN APPLIED IN THIS PARTICULAR INSTANCE, THIS IS 52 19 MERCEDES.
UM, YOU KNOW, NOTICE THE, THE SUBTLE VARIATION
[01:25:01]
IN THE BRICK COLOR THERE.ALSO, AGAIN, WE'VE GOT A LOT OF GREAT, UH, TEXTURE AND PATTERN IN THAT CHIMNEY WITH THE BASKET WEAVE UP ON THE TOP BLUES, BUT ALSO IN THAT WONDERFUL CHIMNEY LEDGE THAT HAS THE, UH, SORT OF CONTRASTING RED BRICK THERE.
AND THEN WE SEE IN THE LOWER RIGHT AFTER THEY PAINTED IT, UH, THAT WE LOSE A LOT OF THAT DETAIL.
AND NOTICE, WE DON'T SEE THAT BASKET WEAVE IN THE CHIMNEY BLUES ABOVE, UH, IT'S BARELY BLEEDING THROUGH THERE IN THE CHIMNEY LEDGE, BUT WE'VE LOST ALL THAT CONTRAST BETWEEN THE BRICK AND THE BRICK AND THE MORTAR.
IT'S ALL JUST ONE FLAT WHITE SURFACE.
I'VE USED THIS AS AN EXAMPLE BECAUSE THIS IS ONE OF THE BUILDINGS THAT REMOVED THE PAINT IN ORDER TO COME BACK INTO COMPLIANCE WITH THE ORDINANCE FOLLOWING THE 2019 BUILDING OFFICIALS INTERPRETATION, CLARIFYING THAT THE CITY WOULD NOT APPROVE PAINTING OF PREVIOUSLY UNPAINTED BRICK.
YOU KNOW, THE QUESTION'S ALREADY COME UP AS TO WHETHER OR NOT, UH, PAINT REALLY CAN CHANGE THE APPEARANCE OF A STRUCTURE, AS WE CONSIDER THAT DEFINITION OF, OF REMODEL, WHICH SAYS IMPROVEMENTS OR REPAIRS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE ORIGINAL MATERIALS OF THE MAIN STRUCTURE WITH ANOTHER MATERIAL.
I THINK I'M HOPING WE CAN ALL AGREE THAT THESE HOUSES DO NOT LOOK THE SAME.
THE ARCHITECTURAL FORM IS STILL THERE, BUT THIS IS NOT THE SAME HOUSE.
WE'VE LOST THE, UH, UM, UH, ACCENTUATION OF THE STONE THERE ON THE ARCH ABOVE THE FRONT DOOR AND THE WINDOW.
UH, WE ALSO KIND OF LOSE, OBVIOUSLY THE, THE CONTRASTING THREE SUBTLE VARIATIONS IN TONE OF THE BRICK.
SO, YOU KNOW, I, I THINK WE WOULD ALL AGREE THAT PAINT CAN CHANGE THE APPEARANCE OF ANYTHING.
UH, IF YOU'VE GOT A WHITE CAR AND YOU PAINT IT BLACK, IT'S NO LONGER A WHITE CAR.
IF YOU'VE GOT, UH, A TUDOR STYLE HOUSE THAT'S SUPPOSED TO HAVE THREE SUBTLE VARIATIONS AND TONE, AND YOU PAINT IT WHITE, IT NO LONGER HAS THREE SUBTLE VARIATIONS IN TONE.
SO, AS AN EXAMPLE, THIS SAME HOUSE, 55 19 RIDGEDALE, THIS HOUSE WAS BUILT IN 2007 AFTER THE ORDINANCE WAS PUT IN PLACE.
SO THIS HOUSE HAD TO MEET ALL THE CRITERIA OF THE ORDINANCE, UM, IN ORDER TO BE APPROVED BY THE CITY.
SO WE'LL NOTICE, UH, THAT IT'S GOT THE, THE THREE SUBTLE VARIATIONS IN TONE.
THE STONE IS TYPICAL OF ORIGINAL HOUSES IN THE DISTRICT, BUT THEN I'LL POINT OUT THAT IT HAD TO HAVE, UM, FOUR, AT LEAST FOUR OF THE OPTIONAL ARCHITECTURAL FEATURES, UH, THAT ARE LISTED IN, UM, SECTION E 12 OF THE ORDINANCE, WHICH IS THE STANDARDS FOR NEW CONSTRUCTION.
ON THIS PARTICULAR EXAMPLE, WE HAVE THE MASSIVE CHIMNEY LOCATED ON THE FRONT FACADE.
WE HAVE BLONDE OR LIGHT COLOR BRICK COMPATIBLE WITH, WITH ORIGINAL HOUSES.
WE HAVE STONE ACCENTS, AND WE HAVE AN ARCH DOORWAY THAT MATCHES THE SHAPE OF THE FRONT PORCH.
HERE WE ARE IN 2002 AFTER THE HOUSE WAS PAINTED WITHOUT PERMISSION FROM THE CITY OR APPROVAL FROM THE CITY.
AND NOTICE THIS HOUSE NO LONGER MEETS THE ORDINANCE THAT IT WAS BUILT TO MEET BECAUSE IT NO LONGER HAS THE BLONDE OR LIGHT COLORED BRICK, AND IT NO LONGER HAS THE STONE ACCENT.
SO HERE WE ARE, A HOUSE THAT WAS BUILT TO MEET THE ORDINANCE MERELY BY PAINTING NO LONGER MEETS THE ORDINANCE.
SO THE, THE CASE THAT WE'RE HERE TO TALK ABOUT TODAY, 52 39 MONTICELLO, IT WAS BUILT IN 1930 AND IS CLASSIFIED IN THE ORDINANCE AS A TUTOR COTTAGE.
YOU REMEMBER, IT STATES THAT FOR REMODELING OF TUTOR COTTAGES, UH, OR HIGH TUTOR, THEY HAVE TO MEET THE STANDARDS FOR NEW CONSTRUCTION.
SO OUR OFFICE RECEIVED A COMPLAINT THROUGH 3 1 1, UH, FOR THE PAINTING OF PREVIOUSLY UNPAINTED, UH, BRICK WITHOUT REVIEW AND APPROVAL, WHICH IS WHEN WE ENGAGED WITH THE OWNER, UH, AND EVENTUALLY CONVINCED HIM TO SUBMIT OR REVIEW.
UM, YOU'LL NOTICE WE DO NOT HAVE THE THREE SUBTLE VARIATIONS IN TONE.
WE NO LONGER HAVE A BLONDE OR LIGHT COLORED BRICK THAT IS, UH, COMPATIBLE WITH ORIGINAL HOUSES IN THE DISTRICT.
IN FACT, IT'S NOT ANY OF THE TONES THAT WOULD BE CONSIDERED, UH, COMPATIBLE WITH AN ORIGINAL HOUSE THAT WAS BUILT BETWEEN 1920 AND 1940.
UH, NCD NINE, I'LL READ THESE, UH, REASONS FOR DENIAL, BUT DO POINT OUT, YOU KNOW, THE SECTIONS OF THE ORDINANCE THAT, UH, WE DO CALL ATTENTION TO, UH, TWO EIGHT NINE FOUR SIX F1, AND TWO, WHICH STATES, YOU KNOW, THAT REMODELING OF HOUSES THAT ARE IDENTIFIED AS HIGH TUTOR OR TUDOR COTTAGE MUST COMPLY WITH THE STANDARDS FOR NEW CONSTRUCTION, AS WELL AS THE
[01:30:01]
STANDARDS CONTAINED IN THIS SECTION.THIS IS THE REMODELING SECTION OF THE ORDINANCE.
ALSO, STATES REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE AND SIZE, COLOR HORSING, TEXTURE, MORTARING AND DETAILING.
THEN WE GO INTO STATE THE SECTION APPLICABLE SECTIONS OF, UH, 2 8 9 4 6 E, WHICH ARE THE STANDARDS FOR NEW CONSTRUCTION.
AND OF COURSE, THAT'S WHERE WE HAVE THE STATEMENT ABOUT, UM, MATERIALS, UH, HAVE TO BE BRICK IN THE SAME COLORS, COURSE PATTERNS, MATERIAL PLACEMENT, AND COMBINATIONS FOUND IN ORIGINAL HOUSES, BUT ALSO THAT THEY MUST BE SCRATCH FACED OR TEXTURED WITH AT LEAST THREE SUBTLE VARIATIONS IN TONE.
BRICK, COLORS AND TEXTURES MUST BE TYPICAL OF THE BRICK USED ON ORIGINAL HOUSES.
SO, AS MR. CRAWLEY, UH, POINTED OUT, WE'VE GOT A LOT OF HOUSES IN THIS AREA THAT HAVE BEEN PAINTED, UM, VARIOUS SHADES.
UM, SOME MAY HAVE BEEN PAINTED BEFORE THE ORDINANCE WAS ENACTED.
CERTAINLY THERE ARE EXAMPLES OF OF HOUSES THAT WERE, UM, SUBMITTED FOR PAINT THAT WERE APPROVED BY OUR OFFICE PRIOR TO THE 2019, UH, INTERPRETATION THAT WAS ADOPTED TO GUIDE ALL REVIEWS MOVING FORWARD.
SO WHEN WE TALK ABOUT COMPATIBILITY WITH THOSE ORIGINAL HOUSES, COMPATIBLE MEANS CONSISTENT WITH THE ARCHITECTURAL DESIGN FEATURES FOUND WITHIN THE DISTRICT, INCLUDING THEIR STYLE, SCALE, MASSING, SETBACKS, COLORS AND MATERIALS.
YOU KNOW, HERE ARE EXAMPLES OF SEVEN HOUSES, ORIGINAL HOUSES IN THE DISTRICT WITH ONE THAT REALLY STANDS OUT FOR ITS, UH, INCOMPATIBILITY WITH THOSE ORIGINAL HOUSES, AND THAT IT'S ALL ONE SHADE OF DARK GRAY
SO, UH, THIS IS FROM THE ORDINANCE CD NINE ORDINANCE.
SO IN CONSIDERING, UH, THE APPEAL TODAY, IT WAS SOLE ISSUE BEFORE THE BOARD OF ADJUSTMENT IS WHETHER THE DIRECTOR AIRED IN THE DECISION AND THE BOARD SHALL CONSIDER THE SAME STANDARDS THAT WERE REQUIRED TO BE CONSIDERED BY THE DIRECTOR.
SO MANY OF THOSE, UH, SECTIONS OF THE ORDINANCE THAT I'VE REITERATED THROUGHOUT THIS PRESENTATION, BUT ALSO WE HAVE THE INTERPRETATION, WHICH IS IN THE BUILDING OFFICIALS INTERPRETATION MANUAL GUIDING THE REVIEW OF ALL PROJECTS ONCE THAT INTERPRETATION WAS ADOPTED.
YES, YOU STATED THAT SINCE 2019, NO APPROVALS HAVE BEEN GIVEN TO PAINT IN THAT DISTRICT.
HOWEVER, IN MR. CARLEY'S PRESENTATION, I BELIEVE THERE WERE TWO OR THREE THAT HAD BEEN PAINTED AFTER THAT.
SO HOW MANY HOMES HAVE BEEN PAINTED IN THAT AREA THAT HAVE NOT BEEN SELECTED, UM, WHO HAVE NOT BEEN APPROVED, BUT THEY'VE BEEN PAINTED, BUT THEY'RE NOT HERE APPEALING, BUT THE CITY HAS NOT GONE TO THEM AND REQUIRED THAT THEY'VE REMOVED THE PAINT? I'M SORRY, I DON'T UNDERSTAND THE QUESTION.
WOULD YOU PLEASE REPEAT IT? OKAY.
YOU, YOU SAID THAT SINCE 2019 NO HOUSES HAVE BEEN APPROVED FOR PAINTING, CORRECT? THAT IS CORRECT.
MR. CARLEY'S SLIDES SHOWED THAT THERE ARE SOME HOMES THAT HAVE BEEN PAINTED SINCE THAT TIME, LIKE IN 20 13, 20 14, SO ON.
SO THOSE PREDATE THE 2019 BUILDING OFFICIALS INTERPRETATION BEING ADOPTED.
THEY, THEY WERE 2013, UH, 2013 AND 14.
YOU MEAN 2023, I MEAN, 2023, I'M SORRY.
SO THAT HOUSE HAD BEEN PREVIOUSLY PAINTED, SO THERE HAVE NOT BEEN ANY HOUSES THAT WERE PREVIOUSLY UNPAINTED, MEANING BARE BRICK SINCE THE 2019, UH, ADOPTION OF THE BUILDING OFFICIALS INTERPRETATION.
SO EVERY SINGLE HOUSE THAT IS PAINTED IN THIS DISTRICT HAS BEEN PAINTED, EXCUSE ME, PREVIOUS TO 2019, THAT WE KNOW ABOUT.
IF YOU KNOW ABOUT THIS HOUSE, BECAUSE ONE PERSON COMPLAINED, I FIND THIS RATHER ARBITRARY, MR. SCHA, UM, M MR. BROWN, UM, IN A CASE WHERE, UH, AN OWNER WITHOUT A PRIOR APPROVAL TO, UM, TO, TO PAINT OR REMODEL OR CHANGE THE APPEARANCE OF A, OF A, OF A HOME, UM, CAN YOU EX CAN YOU EXPLAIN TO, UH, TO THE BOARD THE REMEDY TO
[01:35:01]
CURE IN THE TIME THAT MAY BE ASSOCIATED WITH THAT? IN, IN AN INSTANCE, UH, IN, FOR EXAMPLE, IF I'VE PAINTED MY HOME WITHOUT PRIOR APPROVAL, A MONO MONOCHROME CO A MONOTONE COLOR, AND THEN THE BUILDING OFFICIAL, OFFICIAL HAS IDENTIFIED THAT TO ME, WHAT IS THE TIME PERIOD TO CURE THAT? AND, UH, WHAT ARE THE, WHAT ARE THE, THE, THE PROCESSING STEPS? SO OBVIOUSLY THAT CAN VARY.I MEAN, YOU KNOW, THERE'S ANY NUMBER OF FACTORS THAT, UH, ARE INVOLVED IN ANY, UH, REMEDIATION OF, OF ISSUES RELATED TO ANY TYPE OF CONSERVATION DISTRICT ISSUE.
UM, SO WE GENERALLY TRY AND WORK WITH THE HOMEOWNER AS MUCH AS POSSIBLE.
CERTAINLY WE GIVE THEM THE, UH, OPTION AND ABILITY TO COME BEFORE THIS BODY TO APPEAL OUR DECISION IF THEY FEEL AS THOUGH, UH, IT IS NOT CORRECT.
BUT, UM, YOU KNOW, AS A, AS A KIND OF A RULE OF THUMB, WE TRY AND HAVE, ALWAYS HAVE FORWARD MOMENTUM WITH, UH, DEALING WITH A COMPLAINT CASE.
SO AS LONG AS THE OWNER IS SHOWING, UH, SOME SORT OF, UH, EFFORT TO KIND OF KEEP THINGS MOVING FORWARD, WE, WE TEND TO TRY AND WORK WITH THEM AS LONG AS POSSIBLE.
I MEAN, THAT, THAT CAN CERTAINLY EXTEND OUT TO A YEAR OR, OR MORE AND, AND, AND FOLLOW UP.
COULD THERE BE AN INSTANCE WHERE ANY OF THESE PARTICULAR PROPERTIES COULD BE IN THAT CONTINUUM OR IN OR IN THAT PROCESS? CURRENT? UH, SO WE HAD A COMPLAINT ON A, A BUILDING BEING PAINTED TWO WEEKS AGO.
SO, I MEAN, CERTAINLY THERE ARE OTHER INSTANCES, UH, THAT ARE SIMILAR TO THIS ONE.
UH, AND LA LAST THING, SO TWO, MRS. POLLARDS, MRS. POLLOCKS, UM, POINT THAT YOU MADE, UH, THE APPLICANT DID, DID PRESENT IN HIS TESTIMONY THAT THERE'S, THERE'S AN APPLICANT APPLICATION THAT WAS APPROVED, UM, THIS YEAR.
I DON'T, WITHIN A FEW WEEKS, I, I'M NOT ASKING YOU TO SPEAK TO ANY SPECIFICS ABOUT ANY PARTICULAR PROPERTY, BUT CAN YOU SPEAK IN GENERAL TO THAT PARTICULAR, UH, PORTION OF HIS TESTIMONY? SO THAT BUILDING WAS PAINTED AND HE ADMITTED TO THAT IN HIS, UH, PORTION OF THE TESTIMONY THAT THAT BUILDING WAS PREVIOUSLY PAINTED.
BUT AS PART OF A LARGER ADDITION PROJECT, WE AGAIN, APPROVED PAINTING, UH, OF THE STRUCTURE SO THAT THAT BUILDING WAS PREVIOUSLY PAINTED, PREVIOUSLY PAINTED, UM, AS IN PRIOR TO THE 2019 ORDINANCE BEING PUT IN PLACE, AS BEST WE CAN TELL.
I MAY ASK YOU TO, TO CLARIFY WHAT HAPPENED IN 19, BUT I I DON'T WANNA INTERRUPT MR. SATCH.
2019 IS WHEN THE BUILDING OFFICIALS INTERPRETATION WAS ADOPTED.
DO YOU MIND IF I CONTINUE INTERRUPTING? NO.
MIGHT AS WELL GO BACK THESE DAYS.
OH, WELL, THERE, I THINK I JUST RECENTLY, THERE'S NO ORDINANCE IN 2019.
THERE IS AN, THERE'S AMENDMENT IN 13 RIGHT.
TO AN INITIAL CD IN LIKE EARLY 2000.
SO A BUILDING OFFICIALS INTERPRETATION.
SO YOU, SO THAT IS, SO WHEN, SAY, ADOPTED, IS THAT RIGHT? SO, SO, UH, IT IS A POWER GRANTED TO THE BUILDING OFFICIAL TO OFFER INTERPRETATIONS FOR ORDINANCES THAT HAVE, UH, LANGUAGE THAT MAY BE VAGUE, THAT LEADS TO ISSUES IN, UH, BOTH REVIEWS AND ENFORCEMENT OF, IT'S LIKE THE BUILDING OFFICIAL DIVERSION OF A LEGAL OPINION.
IN FACT, IT DOES HAVE TO GO BEFORE THE CITY ATTORNEY IN ORDER TO BE ADOPTED, BUT IT'S NOT ADOPTED BY THE COUNCIL.
THIS IS LIKE KIND OF THE OFFICIAL ADVICE.
IT IS THE GUIDANCE FOR EVERYTHING MOVING FORWARD IN REVIEWING PLANS.
THE BUILDING OFFICIAL IS GRANTED THAT AUTHORITY TO MAKE THOSE FURTHER CLARIFICATIONS IN CHAPTER 52.
AND THEREFORE, SO THAT'S THE TRUTH.
WELL, I MEAN, TO THE QUESTION THAT WAS POSED TO HIM, I, I THINK I WAS YEAH, NO, I WAS, THAT'S, I I WAS, I WANTED TO MAKE SURE IT WASN'T THANK YOU, MR. LEGISLATIVE DECISION.
THAT'S, THAT'S, I DIDN'T UNDERSTAND FRANKLY HOW THAT WORKS.
IT IS, IT IS MY UNDERSTANDING IT'S AN OFFICIAL INTERPRETATION OF THE BUILDING OF OFFICIAL MADE BASED, BASED ON THE LANGUAGE OF THE ORDINANCE.
BASED ON IT, IT IS A POWER OR A RIGHT GIVEN TO THE BUILDING OFFICIAL THAT IS OUTLINED IN THE ORDINANCE.
UM, SO THAT THEREFORE, WHEN A FURTHER, FURTHER CLARIFICATION IS PROVIDED BY THE BUILDING OFFICIAL, THEN IT IN FACT BECOMES PART OF THE ORDINANCE.
I MEAN, THAT IS WHAT WE ASK BUILDING OFFICIALS TO DO.
I LOOK AT THE ORDINANCE AND DECIDE, UM, IN THIS CASE, UH, THAT'S
[01:40:01]
WHAT WE'RE SUPPOSED TO DO.BUT YEAH, IT'S, SO ACCORDING TO THAT INTERPRETATION, IT DEPENDS UPON THE ARBITRARY DECISION OF A PARTICULAR BUILDING OFFICIALS, WHICH CAN BE VARIED FROM ONE PERSON TO ANOTHER.
SOUNDS LIKE THAT WOULD BE NO MORE ARBITRARY THAN THIS PANEL.
UM, SO CAN I ASK A COUPLE QUESTIONS OF MR. BROWN, PLEASE? YES.
SO, MR. BROWN, I UNDERSTAND THAT THE APPLICANT'S POSITION SEEMS TO BE THESE ORDINANCE DON'T APPLY BECAUSE PAINTING IS NEITHER AN IMPROVEMENT NOR A REPAIR.
UM, AND THAT THAT IS HOW THE APPLICANT SUGGESTS THEY DON'T FALL WITHIN THE REMODEL COMPONENT OF THE ORDINANCE, AND THEREFORE HAVE NOT ALSO TRIGGERED OR REQUIRED TO COMPLY WITH THE NEW CONSTRUCTION.
UM, IS IT THE CITY'S POSITION THAT PAINTING IS EITHER A REPAIR OR IMPROVEMENT? AND TO SUPPLEMENT THAT, WOULD YOU MIND EXPLAINING WHAT THE CITY CONTEMPLATES TO BE AN IMPROVEMENT OR A REPAIR? SURE.
SO, SO ANYTIME A DEFINITION IS NOT COVERED BY THE ORDINANCE, WHICH IS WHY WE TRY TO PUT AS MANY, UH, OF THOSE IN IT, A GOOD ORDINANCE AS WE CAN, UH, WE'RE GONNA REFER BACK TO THOSE COMMON REFERENCE, UH, MANUALS THAT, THAT WE WOULD ALL GO TO, RIGHT? WEBSTER'S DICTIONARY OR THINGS LIKE THAT, WHICH UNDER THE DEFINITION OF IMPROVEMENT, YOU KNOW, IS ONE OF THE EXAMPLES THAT IT GIVES IS, UH, IS HOME IMPROVEMENT.
AND I THINK WE, UM, SORT OF LAID OUT THE CASE FOR HOW THIS DOES IN FACT CHANGE THE APPEARANCE OF THE STRUCTURE.
UM, I'LL ALSO POINT OUT THAT THE IRS DOES CONSIDER PAINTING AND IMPROVEMENT IN THE INSTANCE OF RENTAL PROPERTY.
UH, IT HAS SOME DIFFERENT RULES IN TERMS OF PERSONAL REFERENCE, UH, RESIDENCE, BUT, UH, IT, IT IS SEEN AS AN IMPROVEMENT BY THE IRS.
AND IF THE PAINT JOB WAS TO FIX SOMETHING, IT WOULD THEN BE A REPAIR.
THERE'S NO SUCH THING AS STRUCTURAL PAINT.
SO PAINT DOESN'T NORMALLY FIX THINGS, PAINT COVERS THINGS UP.
SO, UH, I'M NOT SURE THAT IT WOULD BE CONSIDERED PAINTING AS A REPAIR IN THAT INSTANCE.
UM, WOULD IT HAVE BEEN POSSIBLE FOR THE APPLICANT IF THEY HAD PAINTED THE EXISTING BRICK IN A COLOR SCHEME THAT MATCHED WHAT WAS THERE ORIGINALLY THAT THAT WOULD BE PERMITTED? SO THEY'RE PAINTING EACH BRICK INDIVIDUALLY A DIFFERENT COLOR.
THAT'S NOT A SCENARIO THAT, UH, A, A PLAYED THROUGH.
UM, SO, YOU KNOW, IF OUR GUIDANCE IS NO PAINTING OF PREVIOUSLY UNPAINTED BRICK, NO, IT WOULD NOT BE APPROVED.
IS THAT YOUR GUIDANCE? ARE YOU SAYING IT'S THE BUILDING OFFICIAL'S INTERPRETATION IS THE OFFICIAL GUIDANCE FOR ALL REVIEWS THAT TAKE PLACE IN CING NINE? THERE'S NO COLOR, THERE'S NO, OR THERE'S NOTHING, NO CASE IN WHICH THE PAINTING OF RICK PAUL REBUILDING OFFICIALS INTERPRETATION IS THAT PREVIOUSLY UNPAINTED BRICK MUST REMAIN UNPAINTED.
UM, MS. COWELL, WOULD YOU, SINCE I ASKED YOU THE QUESTION HERE, CAN I ASK IT FOR THE BENEFIT OF EVERYONE, UH, MY UNDERSTANDING IS THAT WHEN AN ORDINANCE DOESN'T, UH, UH, SPECIFY A DEFINITION THAT WE USE CLAIM LANGUAGE, APPARENTLY THERE'S A SUBTLE DISTINCTION THAT IS CORRECT PURSUANT TO THE CD ORDINANCE.
IT SAYS, UNLESS OTHERWISE STATED, THE DEFINITIONS IN CHAPTER 51 A APPLY TO THIS ORDINANCE.
SO FIRST YOU WOULD LOOK AT THE DEFINITIONS IN THE CD ORDINANCE.
IF IT'S NOT DEFINED THERE, THEN YOU WOULD GO LOOK AT CHAPTER 51 A, AND IF IT'S NOT DEFINED IN THERE, THEN YOU'LL USE THE PLANNING ORDINARY MEANING, WHICH WE USUALLY USE A DEF UH, DICTIONARY DEFINITION.
SO DOES 51 A DEFINE IMPROVEMENT OR REPAIR? I AM NOT SURE.
I GUESS IF THEY DO, WE OUGHT TO KNOW ABOUT IT.
ARE THERE OTHER QUESTIONS? WHILE, WHILE, IS IT POSSIBLE THAT A, THE QUOTE TUTOR OR HIGH TUTOR OR NEW TUTOR ARCHITECTURE COULD HAVE PAINTED BRICK? IS IT POSSIBLE? YEAH.
[01:45:01]
WE, WE ULTIMATELY GET INTO DECIDING WHETHER THINGS ARE CONSISTENT WITH A CERTAIN KIND OF ARCHITECTURE.AND IF WE TALK ABOUT GOING BACK TO THE, THE ORIGINAL ARCHITECTURE, ESPECIALLY IF WE DON'T HAVE AN IMMEDIATE HOUSE TO GO BACK.
WELL, AND THAT'S A GOOD POINT.
YOU DON'T HAVE AN IMMEDIATE HOUSE TO GO BACK TO IF WE'RE GONNA PAINT ALL THE STRUCTURES IN THE DISTRICT.
SO WE WOULDN'T HAVE ANY REFERENCE FOR WHAT AN ORIGINAL HOUSE MAY OR MAY NOT HAVE LOOKED LIKE.
WELL, WE LIMIT THE ORIGINAL HOUSES TO THAT LIKE 1920 TO 1940.
SO, SO IF YOU WERE, YOU KNOW, GIVING A PRESENTATION ON T ARCHITECTURE, DOES IT INCLUDE THE ABILITY TO PAINT? I MEAN, HOW YOU SEE THINGS THAT I, THAT SEEM TO QUALIFY AS TUTOR, THAT EVEN HAVE STUCCO, BUT WE'RE NOT IN THAT.
SO THESE ARE DISTRICT SPECIFIC, RIGHT? SO EVERYTHING THAT WE LOOK AT IN TERMS OF, UH, THE DEFINITION FOR COMPATIBILITY AND EVERYTHING, IT, IT REFERS BACK TO, UH, ORIGINAL BUILDINGS WITHIN THE DISTRICT.
SO WE'RE NOT GONNA BE LOOKING AT, YOU KNOW, TRUE TUDOR STYLE BUILDINGS IN, WELL, WELL, TRUE TUDOR TILE WAS IN THE 16 HUNDREDS.
SO WE'RE GONNA BE LOOKING SPECIFICALLY AT THESE EXAMPLES, UH, HERE WITHIN THE BOUNDARIES OF CD NINE.
AND POTABLE MEANS CONSISTENT OF THE ARCHITECTURAL DESIGN FEATURES FOUND WITHIN THE DISTRICT, INCLUDING ARCHITECTURE, STYLE, SCALE, MASSING, SETBACK, COLORS AND MATERIALS.
BUT THEN I GET SOMEWHERE IN AND I GET DOWN TO HIGH TUTOR, WHICH MEANS HIGH TUTOR ARCHITECTURE STYLE, STYLE IS SHOWN.
AND THEN I'LL BET YOU SOMEWHERE DISTINGUISHES TWO IN THE SAME WAY.
IS THERE, SO IS EXHIBIT B STILL VALID WHEN THEY AMEND IT GIFTS? UH, I THINK SO, BUT IT, I JUST WANT 'EM, SO WHEN I LOOK AT DEFINITIONS, IT I GET A DEFINITION OF HIGH TUTOR.
I FIND ONE OF 2D, BUT HIGH TUTOR THEN POINTS ME TO EXHIBIT B.
YES, EXHIBIT B SHOULD STILL BE WHAT IT WAS ORIGINALLY.
UM, SO EXHIBIT B NOW, SUB AREA ONE REGULAR, WE'RE NOT IN SUB AREA ONE, RIGHT, BECAUSE SUB AREA ONE IS THAT COMMERCIAL BUILDING, RIGHT? CORRECT.
SO, SO HOW DO I GET, SO WHAT IS EXHIBIT B TELLING ME ABOUT HOW I DEFINE TUTOR? THAT I BELIEVE YOU'RE LOOKING FOR? UM, PDF PAGE 33 OF SIX.
25, WHICH I BELIEVE IS, UH, EXHIBIT B, PAGE B NINE, PAGE 33 OF 33.
UM, SORRY, VICE CHAIR AGNI, THIS IS THE REASON YOU WERE ASKING FOR THE ORIGINAL? YEAH, YEAH, IT'S WITHIN THE ORIGINAL.
JUST TELL ME WHAT, UH, WHAT PAGE? I THOUGHT YOU SAID 33 OF 62 IN THE ORIGINAL RIGHT? NOT, UH, NOT IN WHAT MARY EMAILED IT.
IS IT JUST, I HAVE THE ORIGINAL, BUT I DON'T HAVE IT.
SO WHAT MARY SENT US HERE IS JUST THE UPDATE BEFORE.
OKAY, SO WHERE, SO IS THIS WHAT MARITA NO, THAT'S NOT SAFE.
HOW DID YOU GET THERE? SAID IT.
BALANCE PLANNING AND DEVELOPMENTS M STREET FOR THE RECORD WHERE WE ARE.
[01:50:01]
SO THE AMENDMENT TO CD NINE DOES NOT ACTUALLY INCLUDE B BECAUSE NOTHING CHANGED.SO I GO BACK TO THE ORIGINAL, WHICH IS WHAT MR. SLAVE POINTED OUT.
UM, ULTIMATELY WHAT I'M, OKAY, THIS, THIS CD GOES TO A LOT OF DETAIL ABOUT A LOT OF THINGS, BUT DOESN'T, EXCEPT FOR IN ONE CASE TALK ABOUT PAINTING BRICK AND YOU KNOW, IF IT CALLS IT ALL THE WAY OUT ONE TIME, SO WHEN YOU, WE DID THAT OR THE AMENDMENT IN 2013.
NOW, ANYTIME YOU MAKE AN AMENDMENT TO AN EXISTING ORDINANCE, THERE IS GONNA BE A VERY SPECIFIC PURPOSE OUTLINED WHENEVER YOU AMEND THAT PORTION OF YOUR, BUT I GOTTA TAKE THE, THE ORDINANCE AFTER THE AMENDMENT INCLUSIVE OF THE AMENDMENT, RIGHT? SURE, SURE.
SO YEAH, THAT'S, BUT IT'S, BUT IT WOULD'VE BEEN AMENDED SPECIFICALLY TO ADDRESS THAT ONE PROPERTY IN CB NINE.
IT WOULDN'T HAVE BEEN ABLE TO HAVE BEEN AMENDED UNLESS THEY SAID THEY WANTED TO DISCUSS AMENDING OTHER PARTS OF THE ORDINANCE THAT IT WOULD'VE BEEN OFF LIMITS FOR THEM TO EVEN ADDRESS.
SO, BECAUSE THAT ONE PROPERTY IS A COMMERCIAL PROPERTY, NOT RESIDENTIAL, THEY PULLED IT OUT OF THE EXISTING AREA TO BECOME IT'S OWN SUB AREA.
AND WHEN THEY DID, SO WHAT YOU'RE SAYING, SAYING IS THE AMENDMENT IN 13 IS NOT APPLICABLE HERE, BECAUSE THIS ISN'T THE COMMERCIAL PROPERTY.
YOU'RE SAYING THAT AMENDMENT IS ONLY APPLICABLE TO THE COMMERCIAL PROPERTY.
SUB AREA ONE, I READ IT A LITTLE DIFFERENT.
UH, VICE CHAIR ARGUMENT, IF I, I CAN TRY TO CLARIFY.
UM, MR. BROWN, YOU'RE SAYING THAT THAT RESTRICTION EXPRESSLY WILL DISCUSSING PAINTING IS ONLY APPLICABLE VIA THE AMENDMENT TO THE COMMERCIAL SUB AREA PROPERTY, RIGHT? THAT'S RIGHT.
BUT THE BROADER AMENDMENT STILL GENERALLY APPLIES.
IT CHANGED THE ORDINANCE, RIGHT? THE ORDINANCE NUMBER, SORRY, JUST MAKING SURE WE WERE ON THE SAME PAGE, BUT THAT AMENDMENT YEAH, I AM.
AND MR. VICE CHAIRMAN, IF I MAY, TO YOUR PREVIOUS QUESTION, AFTER MY BRIEF REVIEW OF THE CODE, I DID NOT FIND THE DEFINITION FOR IMPROVEMENT OR REPAIR UNLESS MR. BROWN CAN POINT TO ONE OUR STAFF.
AND THAT'S WHY WE REVERTED BACK TO SORT OF MORE COMMONLY AVAILABLE SOURCES LIKE MIRIAM WEBSTER DICTIONARY OR OTHER, UM, YOU KNOW, WIDELY UTILIZED, UH, DOCUMENTS.
SO I WAS GONNA ASK MR. CROWLEY TO HELP ME, UM, WITH AN EXERCISE AS PART OF MY EXAMINATION.
SO I DON'T KNOW IF WE'RE PAST THE NO, WE'VE, WE'VE BEEN ASKING QUESTIONS ON OUR TIME.
I, I SUPPOSE THERE IS NOTHING THAT STOPS YOU FROM CALLING MR. CROWLEY AS A WITNESS.
I SUPPOSE HE'D HAVE THE RIGHT TO CROSS-EXAMINE HIMSELF.
I DON'T REALLY KNOW HOW THIS PLAYS MS. CARLOW.
IF NOT MR. CROWLEY, I CAN CALL HIS COLLEAGUE WHO WAS ALSO SWORN IN.
IF THAT WORKS, THAT WOULD PROBABLY MORE SIMPLE FOR US.
RIGHT? UM, CAN I, SO HE WOULD BE CALLING MR. CROWLEY AS A WITNESS.
CAN I ASK A STAFF PERSON, THIS IS KIND OF AN EXERCISE TO DEMONSTRATE, UH, THE APPLICABILITY OF THE ORDINANCE LANGUAGE.
YOU WOULD, I DON'T KNOW IF YOU CAN QUESTION STAFF AT THIS MOMENT IN TIME.
SO I'VE GOT, I'VE GOT SOME EXAMPLES THAT I SCENARIO IF YOU HAVE WITNESS, YOU WANNA CALL, YOU CALL YOUR OWN WITNESS.
WELL, HE TOLD TO CALL AND AS HIS WITNESS, RIGHT? YEAH.
YOU CAN'T CROSS A WITNESS THAT YOU HAVEN'T ATTEMPT TALK AGAINST HIM.
YOU, I SO SUPPOSE IF A WITNESS, MY INTENT,
[01:55:01]
MY INTENT IS TO RUN THROUGH A COUPLE OF SCENARIOS TO SHOW YOU HOW THIS, UH, ORDINANCE, I, I DON'T WANT TO GET TOO FAR INTO MOVIE STAR LAWYER STUFF, BUT I MEAN, IF YOU'RE, SO YOU'D LIKE TO, TO CALL.SO I NEED SOMEBODY TO, SOMEONE RESPOND TO A QUESTION THAT I'M GONNA ASK.
AND IS SHE WILLING TO BE CALLED? I, I SHE'S NOT.
SO NOW I, I'M NOT GONNA ISSUE A CAN I, CAN I ASK MEMBERS OF, CAN I ASK A MEMBER, MEMBER OF THE BOARD, MEMBER OF THE BOARD QUESTIONS? UH, AS PART OF THIS EXERCISE, YOU CAN RHETORICALLY ASK US QUESTIONS.
CAN I ASK THE CITY ATTORNEY'S OFFICE QUESTIONS?
ANYBODY? WHY DON'T YOU DO IT?
IF, IF YOU HAVE A POINT TO MAKE SURE MAKE IT.
SO WHAT I WANNA DO IS SHOW YOU WHAT, WHAT A REVIEW MIGHT BE LIKE FOR A STAFF PERSON IN TERMS OF HOW WE'RE APPLYING, HOW WE HAVE TO LOOK AT THIS ORDINANCE, RIGHT? SO HERE WE'VE GOT AN APPLICATION FOR NEW CONSTRUCTION IN CD NINE.
AND I'VE GOT THE, UH, MATERIAL REQUIREMENTS FOR THAT NEW CONSTRUCTION THERE ON THE SCREEN AS WELL, WHICH OF COURSE IS THAT IT HAS TO BE SCRATCH FACE OR TEXTURED WITH AT LEAST THREE SUBTLE VARIATIONS IN TONE.
SO WHAT I'VE GOT ON THE SCREEN IS THE APPLICANT IS, UH, PROPOSING THE USE OF THESE THREE BUFF COLORED BRICK, UM, WHICH ARE ABSOLUTELY, UH, IN LINE AND COMPATIBLE WITH THOSE EXAMPLES THAT I SHOWED TO THE BOARD EARLIER IN THIS PRESENTATION.
SO OF COURSE, WE WOULD BE ABLE TO APPROVE THIS APPLICATION.
ANOTHER APPLICATION FOR NEW CONSTRUCTION HAS A LITTLE BIT DIFFERENT VARIATION IN BRICK.
WE'VE GOT A NICE SCRATCH FACE AND SOME DEEP RED WITH SOME BROWN, WHICH AGAIN IS VERY COMPATIBLE WITH ORIGINAL HOUSES IN THE DISTRICT.
YOU MAY REMEMBER SOME OF THE EXAMPLES THAT I BROUGHT UP EARLIER IN THE PRESENTATION.
SO STAFF WOULD BE ABLE TO APPROVE THIS APPLICATION.
HERE'S AN APPLICATION THAT ONLY INCLUDES THE USE OF TWO VARIATIONS IN TONE FOR SCRATCH.
FACE BRICK STAFF WOULD NOT BE ABLE TO APPROVE THIS APPLICATION BECAUSE IT DOES NOT MEET THE ORDINANCE THAT SAYS BRICK MUST BE SCRATCH, FACE, OR TEXTURED WITH AT LEAST THREE SUBTLE VARIATIONS IN TONE.
MUST BE THREE SUBTLE VARIATIONS IN TONE.
CANNOT APPROVE THIS APPLICATION.
APPLICATION FOR NEW CONSTRUCTION.
WITH THIS WHITE BRICK THAT YOU SEE ON THE SCREEN, ONLY ONE COLOR BRICK.
IT'S NOT COMPATIBLE WITH THOSE HOUSES, ORIGINAL HOUSES WITHIN THE DISTRICT.
CD STAFF WOULD NOT BE ABLE TO APPROVE THE USE OF ALL WHITE BRICK FOR NEW CONSTRUCTION IN CD NINE APPLICATION FOR NEW CONSTRUCTION IN CD NINE WITH ONLY ONE COLOR BRICK.
A GRAY BRICK CD STAFF WOULD NOT BE ABLE TO APPROVE THE APPLICATION THAT USED ONLY ONE COLOR OF BRICK BECAUSE THE ORDINANCE STATES MUST BE AT LEAST THREE SUBTLE VARIATIONS IN TONE COMPATIBLE WITH ORIGINAL HOUSES.
APPLICATION COMES IN WITH THESE THREE BRICK.
WE'VE GOT A COUPLE OF, ALL THREE OF THESE HAVE SOME SORT OF TEXTURE AND SCRATCH FACE, UH, UM, IN THEIR, UH, TEXTURE.
BUT THESE MIGHT NOT BE, UH, COMPATIBLE WITH ORIGINAL HOUSES.
AND CERTAINLY THAT SORT OF, UH, BRICK WITH THE WHITE, UM, MATERIAL ALSO WOULD MEAN THAT CD STAFF WOULD BE UNABLE TO APPROVE THIS APPLICATION FOR NEW CONSTRUCTION.
SAME THREE BRICKS COME IN FOR NEW CONSTRUCTION, BUT THEY SAY, WELL, WE'RE GONNA JUST PAINT THE BRICK GRAY.
SO IT DOESN'T REALLY MATTER WHAT THE COLOR OF THE BRICK IS UNDERNEATH THE PAINT.
IN FACT, THIS SAME SCENARIO HAS PLAYED OUT IN CD NINE WHERE SOMEBODY SAID, WELL, WE DON'T REALLY WANNA DO THAT, SO WE'RE JUST GONNA SAY, WE'LL, WE'LL PUT THE BRICK ON THERE, BUT WE'RE GONNA PAINT IT AS PART OF THIS APPLICATION.
CD STAFF CANNOT APPROVE THE USE OF PAINT TO COVER UP THE THREE SUBTLE VARIATIONS THAT ARE REQUIRED FOR NEW CONSTRUCTION.
HERE WE ARE AGAIN WITH THE SAME THREE BRICK THAT I STARTED THE PRESENTATION WITH THE REALLY, UH, GOOD EXAMPLES OF BUFF COLOR BRICK THAT ARE FOUND THROUGHOUT THE DISTRICT.
BUT NOW THEY'RE ASKING TO APPROVE THE NEW CONSTRUCTION WITH THE THREE BRICK THAT ARE APPROVABLE, BUT THEY'RE GONNA PAINT THE BRICK BRILLIANT BLUE AS PART OF THE PROJECT AS WELL.
SO CD STAFF CANNOT APPROVE A NEW CONSTRUCTION WITH THESE THREE BRICK WITH BRILLIANT BLUE UTILIZED TO COVER UP THE NEW BRICK ON THE BUILDING.
IF YOU REMEMBER THAT THE STANDARDS FOR REMODELING MUST COMPLY WITH THE STANDARDS FOR NEW CONSTRUCTION.
SO THE EXAMPLE THAT MR. CROWLEY PUT UP ON HIS PRESENTATION OF 52 50 MONTICELLO, HERE
[02:00:01]
IT IS AN ELECTRIC BLUE, OR I'M SORRY, BRILLIANT BLUE.SO BECAUSE WE HAD TO FOLLOW THE SAME STANDARDS AS FOR NEW CONSTRUCTION, AS FOR REMODELING, HOW CAN STAFF APPROVE THE USE OF BLUE PAINT OVER THE ORIGINAL THREE SUBTLE VARIATIONS IN TONE OF THE ORIGINAL BRICK? SO, UH, THAT, THAT'S JUST TO DEMONSTRATE WHY THERE HAD TO BE SOME SORT OF GUIDANCE IN THE FORM OF AN INTERPRETATION BECAUSE WE WERE GETTING APPLICATIONS FOR NEW CONSTRUCTION WITH PAINTED BRICK.
AND SO IN ORDER TO BE CONSISTENT WITH THAT, AND ALSO WHEN READING THE LANGUAGE THAT SAYS, MUST BE MUST BE MUST COMPLY, YOU KNOW, THOSE AREN'T SUGGESTIONS, THOSE ARE DEMANDS BY THE REGULATIONS.
SO, SO YOU THINK THEY WENT AND INTERPRETED AND, AND AMENDED THIS SPECIFIC CD AND IGNORED PAINTED BRICK TOTALLY IN THERE.
SO IF I HAD TO GUESS THAT WAS AN AUTHORIZED HEARING, UH, TO CREATE THAT SUB AREA BASED ON THE, THE USE OF THE BUILDING, I WHAT THAT MEANS.
SO THE CITY PLAN COMMISSION CAN AUTHORIZE A HEARING ASKING STAFF TO EXPLORE OPTIONS SAYING BASED ON THE USE OR THE PROXIMITY OF THIS PROPERTY TO OTHER THINGS, IS THIS, THE, THE IS IS THE ZONING THAT IT'S CURRENTLY, UH, WORKING UNDER APPROPRIATE FOR THE USE OF THE BUILDING.
SO CITY PLAN COMMISSION PROBABLY SAID WE'VE GOT A COMMERCIAL BUILDING THAT'S FOLLOWING ALL THESE RULES AND REGULATIONS THAT ARE INTENDED FOR RESIDENTIAL STYLE STRUCTURES.
SO THEY SAID, WE WANT STAFF TO EXPLORE HOW THIS ZONING SHOULD BE, SHOULD BE APPLIED TO THIS COMMERCIAL STYLE BUILDING.
SO I DON'T THINK IT WAS ANYTHING OTHER THAN CPC SEEING AN ISSUE WITH THE, THE ZONING.
'CAUSE CONSERVATION DISTRICTS ARE THE BASE ZONING, THEY'RE NOT AN OVERLAY.
THEY SAW AN ISSUE WITH THE UNDERLYING ZONING FOR THAT COMMERCIAL PROPERTY AND ASKED FOR STAFF TO PUT TOGETHER A, A SET OF CRITERIA THAT WOULD BE IN LINE WITH THE USE OF THE PROPERTY, BUT ALSO THE CONSERVATION DISTRICT ORDINANCE IN ITS INTENT.
SORRY, THAT AMENDMENT APPLIES MORE BROADLY THAN TO ONE PROPERTY, OR ARE YOU SELLING? NO, SIR.
SO THAT WHOLE AMENDMENT WELL IS ABOUT THAT ONE COMMERCIAL PROPERTY, CORRECT? THE CREATION OF SUBAR ONE.
I DIDN'T, I DIDN'T UNDERSTAND THAT.
OKAY, MR. SLATE, DOES THAT DRIVE WITH WHAT YOU UNDERSTOOD YOU WROTE FOR THAT PARTICULAR SUB AREA? YEAH, I'M, I'M TALKING ABOUT THE, THE TEXT OF THE ENTIRE 2013 AMENDMENT AND THERE WERE NO OTHER CHANGES TO THAT ORDINANCE EXCEPT FOR THE CREATION.
SO IF YOU LOOK, UH, ON THE, THAT WAS THE THING THAT, SO, UH, I DON'T KNOW IF YOU'VE GOT THE FIRST PAGE OF ORDINANCE 2, 8, 9, 4 6.
THIS IS THE PORTION OF, I GUESS THE PREAMBLE OR IS THIS WHAT MARY SENT TO US? PROBABLY SHOULD BE, YES.
SO ON THE, YES, MR. BROWN, ARE YOU TRYING TO IDENTIFY WHAT IS PRESENTED IN UNDERLINE AND WHAT ISN'T? SORRY, I DON'T UNDERSTAND THAT QUESTION.
I I DON'T KNOW THAT WHAT THE CITY'S, UM, SO, SO ON THE, WHAT SHOULD BE, UH, THE FIRST PAGE OF 2 8 9 4 6, IT'S GONNA HA IT'S GONNA SAY ORDINANCE NUMBER AND IT'S GOT IT AND IT'S GOT THE DATE 3 27 13 IN THE UPPER RIGHT HAND CORNER, RIGHT? YEP.
THIS IS CITY ATTORNEY CAN CORRECT ME ON THE TERM, THE PREAMBLE FOR THE ORDINANCE, AND IT GOES ON TO EXPLAIN WHAT, HOW THIS CAME ABOUT, RIGHT? MM-HMM,
SO IT SAYS, UH, AN ORDINANCE CHANGING THE ZONING CLASSIFICATION FOR THE FOLLOWING PROPERTY, AND THEN IT LISTS, UM, TWO LOTS.
AND BLOCK D 2 1 72 GIVES THE FRONTAGE A DESCRIPTION OF THE ONE PROPERTY THAT IS BEING CONSIDERED IN THIS AMENDMENT RIGHT.
AND IT SAYS, UH, CHANGING CLASSIFICATION OF THE FOLLOWING PROPERTY FROM CONSERVATION DISTRICT NUMBER NINE WITH MODIFIED DELTA NUMBER ONE OVERLAY TO SUB AREA ONE WITHIN CONSERVATION DISTRICT NINE.
SO THIS EXPLAINS WHAT THE AMENDMENT, WHY THE AMENDMENT WAS UNDERTAKEN
THAT, AND, AND IT PROVIDES A LIMIT ON PENALTIES
[02:05:01]
TO $2,000.AND I DON'T KNOW WHAT A SAVING CLAUSE IS, BUT, OKAY.
I'M READING WHAT YOU'RE SAYING.
I DON'T KNOW WHERE WE ON, UH, WHERE WE ARE ON TIME, MS. WILLIAMS. WELL, YOU STARTED ASKING HIM, WELL, SO, AND THAT DOESN'T COUNT.
WHERE IS HE ON HIS TIME? UH, HE STILL HAS MISSED ABOUT THAT.
HAS THREE MINUTES AND 15 SECOND.
UH, I, I'LL GIVE THAT TIME BACK TO EVERYBODY.
ALRIGHT, LET ME MAKE SURE THERE ARE OTHER QUESTIONS.
SO THE NEXT, LET ME MAKE SURE DO WE HAVE REBUTTAL AND THEN CLOSING.
CARL CROWLEY, 22 ON MAIN STREET.
UM, I JUST HAPPEN TO HAVE A COPY OF THE DICTIONARY HERE.
ISN'T THAT AMAZING? UM, ACCORDING TO, UH, WEBSTER'S SECOND, AND I ALSO HAVE IT ON MY PHONE, APP OF MIRIAM WEBSTER REMODEL IS DEFINED AS TO REMAKE WITH A NEW STRUCTURE.
WE DID NOT MAKE A NEW STRUCTURE, DID IT? WHAT DOES IT SAY ABOUT IMPROVEMENTS OR REPAIRS? IF, IF THIS IS PART OF NOT MY TIME, I'LL LOOK THAT UP.
I'VE, WELL, LET'S HOPE MS. GOOGLE GOT HER UP.
I CAN LOOK ON MY, UH, HERE'S WHAT'S HAPPEN.
MY CAR AT WORK, THAT'S PROBABLY JUST AS PROOF REPAIR TO RESTORE BY REPLACING A PART OR PUTTING TOGETHER WHAT IS TORN OR BROKEN REPAIR TO RESTORE OR ALSO TO RESTORE TO A SOUND OR HEALTHY STATE IMPROVEMENTS IMPROVEMENT, THE ACT PROCESS OF IMPROVING THE STATE, OF BEING IMPROVED, ENHANCE VALUE OR EXCELLENCE, AN INSTANCE OF SUCH IMPROVEMENT, SOMETHING THAT ENHANCES VALUE OR EXCELLENCE.
UM, SO, UH, I, DOES THAT ANSWER YOUR QUESTION? SO, UM, WHAT HAS COME UP IS, UH, IN, UH, LOOKS LIKE THE DATE, WE HAVE A COPY OF THE INTERPRETATION MANUAL MANUAL FROM BUILDING OFFICIAL, WHICH, UM, I'D HAVE TO SAY MY 30 PLUS YEARS EXPERIENCE DID NOT GO TO A PUBLIC HEARING, WAS NOT NOTIFIED TO ANY PROPERTY OWNERS, ESPECIALLY THE NINE PEOPLE WHO SENT IN LETTERS IN APPROVAL FOR THIS.
UM, SO NO, NO OUTSIDE COUNSEL OR INPUT WAS TAKEN FROM CITIZENS.
UM, AND IT, IT, THE TESTIMONY WAS BROUGHT UP THAT AFTER NUMEROUS COMPLAINTS, THE BUILDING OFFICIAL HAD AN EPIPHANY AND AN INTERPRETATION OF WHICH IT SAYS, UM, LET'S SEE, BECAUSE THE ORIGIN IS SPECIFIC CONCERNING THE COLORS BRICKS TO BE USED IN ANY NEW CON, ANY NEW CONSTRUCTION IS COMPATIBLE, NEW CONSTRUCTION IS COMPATIBLE WITH ORIGINAL HOUSES, IT CAN BE INFERRED.
SO HE JUST INFERRED THAT THIS IS WHAT WAS MEANT BY IT.
HE, AGAIN, HE DIDN'T GO TO THE PUBLIC HEARING PROCESS.
HE DIDN'T ASK, UH, THE PLAN COMMISSION, THE CITY COUNCIL.
HE DIDN'T SEND OUT NOTICES TO THE NEIGHBOR.
OBVIOUSLY, HE HAS THE RIGHT TO MAKE THOSE DECISIONS.
BUT IN THIS CASE, OBVIOUSLY SINCE 2013 OR OR 2002, A NUMBER OF HOMES HAVE BEEN PAINTED IN THE AREA.
SO ONE MIGHT THINK THAT, UH, IT WAS INFERRED TO THEM THAT THEY COULD DO IT.
AND NO, ALL OF A SUDDEN IN 2019 WITHOUT PUBLIC INPUT, HE DECIDED TO INTERPRET IT DIFFERENTLY AND DECIDE TO CHANGE HIS MIND OR CHANGE HIS INTERPRETATION TO NOW PROHIBIT IT.
SO AGAIN, WE ARE NOT, WE DID NOT REPAIR ANYTHING.
THERE WERE NO BROKEN BRICKS THAT WE FIXED.
UM, THE IMPROVEMENT, I GUESS, UM, IS IN THE EYE OF THE BEHOLDER.
IS IT MORE BEAUTIFUL OR NOT? OBVIOUSLY, OUR HOMEOWNER THINKS, AND THE NEIGHBORING HOMEOWNERS THINK THE PAINTING WAS AN IMPROVEMENT TO THEM.
UM, DID IT INCREASE THE VALUE OF THE HOMES? I, I PROBABLY NOT.
DID IT DECREASE THE VALUE OF THE HOME? PROBABLY NOT.
I THINK IT'S SAFE TO SAY THE VALUES OF THOSE HOMES HAVE NOT GONE DOWN IN DECADES.
UM, MAY NOT HAVE ACCELERATED AS FAST AS OTHER PARTS OF THE CITY DURING THE GREAT RECESSION, BUT THE, UM, THE, THE IMPROVEMENT WAS IN THE EYE OF THE BEHOLDER, NOT IN THE VALUE OR THE ENHANCEMENT OF IT.
AND AGAIN, NO REPAIRS WERE MADE.
OBVIOUSLY NO NEW CONSTRUCTION WAS MADE.
[02:10:01]
LAYER PAINT.I SHOWED YOU THAT THE TEXTURE IS STILL THERE.
IT'S NOT LIKE THE EXAMPLE HE GAVE SOMEONE ROLLING ON THERE.
IT WAS NOT ROLLED ON THAT WAY.
I FIND IT HARD TO BELIEVE THAT SOMEBODY REALLY DOES THAT.
I PAINTED MY GRANDMOTHER'S HOUSE IN THE M STREETS IN 50 YEARS AGO, AND YES, I USED A ROLLER, BUT I DIDN'T HAVE THE TECHNOLOGY THAT HAVE TODAY SPRAY PAINT.
SO, UM, IN CONCLUSION, THE BUILDING OFFICIAL IN 2019 MADE AN INTERPRETATION WITHOUT PUBLIC INPUT.
I THINK IF YOU LOOKED AT THE SURROUNDING PROPERTY OWNERS, THEY WOULDN'T HAVE AGREED WITH THAT, THAT, UM, THE EVIDENCE I SHOWED BACK IN 20 2002 WHEN IT WAS PUT IN PLACE WAS THE IDEA WAS YOU COULD PAINT YOUR HOUSE.
UM, AND IN 2013, THEY DID AN AMENDMENT TO EXCLUDE THAT IF THERE WAS A PROBLEM IN 2013, OBVIOUSLY THERE DIDN'T SEEM TO BE, THEY OPENED UP THE WHOLE CD.
THEY COULD HAVE AMENDED THAT PORTION TOO TO, TO DO BRICK IN HOUSING, AND THEY DIDN'T.
SO, UM, WE THINK THE BUILDING OFFICIAL ERRED IN THIS SITUATION, UM, UH, BASED ON AN INTERPRETATION THAT DIDN'T HAVE ANY PUBLIC.
UM, NOW YOU'VE GOT A CLOSING STATEMENT FOR THREE MINUTES.
WELL, I, I GUESS PROBABLY MY CLOSING STATEMENT WAS JUST MY CLOSING STATEMENT WAS WE BELIEVE THAT THE BUILDING OFFICIAL AIR AIRED IN HIS, UM, INTERPRETATION.
UM, OBVIOUSLY THE PREVIOUS EXAMPLES OF THE EXAMPLES THAT I GAVE YOU OF HOMES IN THE AREA THAT HAD APPEALED THE BUILDING OFFICIALS DECISION, UM, THEY DON'T SET A PRECEDENT.
I'D SAY THEY SET A PATTERN, UH, MAYBE NOT A PRECEDENT, BUT THE PATTERN IS PEOPLE HAVE, UH, UH, FELT THAT THEY HAD THE RIGHT TO DO IT AND DID IT.
UM, AND, UH, PREVIOUS PANELS HAVE AGREED WITH THAT.
SO THAT'S MY CLOSING ARGUMENT.
THANK YOU, MR. BUILDING OFFICIAL.
YOU GET A THREE MINUTE CLOSING STATEMENT.
SO I'LL JUST START OFF ADDRESSING THE, THE COMMENT ABOUT THERE WAS NO PUBLIC, UH, HEARING FOR THE INTERPRETATION.
I DO NOT KNOW OF A SINGLE PUBLIC HEARING HELD TO, UH, FORM A BUILDING OFFICIAL'S INTERPRETATION BASED ON, UH, AGAIN, TRYING TO ADDRESS LANGUAGE THAT IS VAGUE ENOUGH THAT IT CAUSES, UH, CONFUSION AND OR ISSUES WITH, UH, REVIEW AND ENFORCEMENT OF THE ORDINANCE.
SO WHEN THE ORDINANCE SAYS YOU MUST HAVE THREE SUBTLE VARIATIONS IN TONE, MUST HAVE COLORS COMPATIBLE WITH THE ORIGINAL DISTRICT, THAT LANGUAGE WAS OPEN ENOUGH OR NOT OPEN ENOUGH THAT WE FELT LIKE THERE WAS, UH, REASON FOR THE INTERPRETATION TO BE ISSUED.
UM, YOU KNOW, HE ALSO MADE THE STATEMENT THAT WHENEVER THE, UH, AMENDMENT WAS, UH, CONSIDERED THAT THIS WAS NOT BROUGHT UP DURING THAT, WELL, I THINK WE JUST ADDRESSED THAT, AND THAT THE AMENDMENT WAS SPECIFIC TO ONE PROPERTY WITHIN THE BOUNDARIES OF CD NINE.
SO THEY WOULDN'T BE ABLE TO CONSIDER, UH, THAT IN THAT 2013 AMENDMENT.
UH, MR. CRAWLEY WAS VERY STRONGLY, UH, UH, STRESSING THE FACT THAT ALL THESE THINGS WERE THE, THE REQUIREMENTS FOR NEW CONSTRUCTION.
WELL, THE ORDINANCE STATES THAT WHEN YOU REMODEL A BUILDING, IT HAS TO MEET THE REQUIREMENTS FOR REMODELING AS WELL AS THE REQUIREMENTS FOR NEW CONSTRUCTION.
SO, UM, YOU KNOW, I THINK THAT'S A GREAT POINT THAT HE WAS MAKING.
WHEN WE TALK ABOUT, UH, PAINT DOESN'T REQUIRE A PERMIT, SO IT'S NOT REALLY A REPAIR OR IMPROVEMENT.
WELL, THERE'S A NUMBER OF THINGS THAT WE REVIEW THAT DON'T REQUIRE PERMITS IN ALL DISTRICT.
YOU CAN REPLACE EVERY WINDOW IN THAT HOUSE WITHOUT A BUILDING PERMIT.
THAT CERTAINLY CHANGES THE APPEARANCE OF THE BUILDING.
IT'S COVERED IN THE ORDINANCE, UH, THAT, YOU KNOW, WE GET TO REVIEW THOSE ITEMS THAT DO NOT REQUIRE A BUILDING PERMIT OR COMPLIANCE WITH THE ORDINANCE.
SO, UM, YOU KNOW, TO, TO SAY THAT THIS WAS NOT AN IMPROVEMENT OR A REPAIR BECAUSE IT DIDN'T REQUIRE A BUILDING PERMIT IS NOT PERTINENT WHEN THE ORDINANCE GIVES STAFF THE RIGHT TO REVIEW ANYTHING THAT RE DOES.
NOT THOUGH THAT WORK THAT REQUIRES A BUILDING PERMIT, BUT AS WELL AS WORK THAT DOES NOT REQUIRE A BUILDING PERMIT.
YOU KNOW, AND, AND SPEAKING OF COMPATIBILITY WITH THE NEIGHBORHOOD, UH, YOU KNOW, IN THE FIVE YEARS THAT, UH, THIS INTERPRETATION HAS BEEN IN PLACE, THERE HAS NOT BEEN ONE BUILDING THAT WAS PREVIOUSLY UNPAINTED THAT HAS BEEN ALLOWED TO BE PAINTED.
THERE HAVE BEEN THREE CASES THAT HAVE GONE BEFORE THE BOARD WHERE THAT APPEAL WAS, UM, UPHELD.
BUT, AND WHEN WE TALK ABOUT BEING CONSISTENT CITY STAFF IS BEING CONSISTENT IN THE POLICY AND THE REVIEW AND ENFORCEMENT OF PAINTING OF PREVIOUSLY UNPAINTED BRICK, THE ONLY INCONSISTENCY WITH THAT POLICY HAS BEEN THE THREE CASES THAT HAVE BEEN OVERTURNED BY THE BOARD OF ADJUSTMENT.
[02:15:01]
THANK YOU.I, UH, SO AT THIS POINT, TECHNICALLY WE REQUIRE A MOTION IN ORDER TO DISCUSS IF SOMEONE HAS, MS. SUE HAS A MOTION VICE CHAIR, UH, AG I HAVE A MOTION HAVING FULLY REVIEWED THE DECISION OF THE ADMINISTRATIVE OFFICIAL OF THE CITY OF DALLAS AND APPEAL NUMBER BDA 2 3 4 DASH 1 27 ON APPLICATION OF SAMUEL AND LAUREN HUFFMAN REPRESENTED BY CARL CROWLEY, AND HAVING EVALUATED THE EVIDENCE PERTAINING TO THE PROPERTY AND HEARD ALL TESTIMONY, IN FACT, SUPPORTING THE APPLICATION, I MOVE THAT THE BOARD OF ADJUSTMENT AFFIRM THE DECISION OF THE ADMINISTRATIVE OFFICIAL AND DENIED THE RELIEF REQUESTED BY THE APPLICANT.
MS.
UM, OBVIOUSLY I'M GOING TO BE SUPPORTING THE MOTION TO AFFIRM THE DECISION AND TO EXPLAIN IT HAS NOTHING TO DO WITH ANY, UH, UNPUBLICIZED OPINION.
THE QUESTION BEFORE THE BOARD IS WHETHER THE ADMINISTRATIVE OFFICIAL AIRED OR NOT.
UM, READING JUST THE PLAIN LANGUAGE OF THE ORDINANCE, THE REAL, IN MY OPINION, NUT OF THE MATTER IS WHETHER PAINTING A HOUSE CONSTITUTES AN IMPROVEMENT OR REPAIR OR NOT.
IF IT DOES, THEN THE APPLICANT HAD TO COMPLY WITH THE OBLIGATIONS TO HAVE MULTIPLE DIFFERENT COLOR BRICK, UM, AND HAVE THE SAME COLOR AFTER THE IMPROVEMENT WAS MADE OR NOT.
UM, MR. CROWLEY DID A, A CONVINCING JOB OF TRYING TO COMMUNICATE THE POSITION THAT PAINTING IS NEITHER AN IMPROVEMENT NOR REPAIR AS GREAT OF A JOB AS HE DID.
AND SO I THINK THAT WE HAVE AN IMPROVEMENT TO THE PROPERTY AS SUPPORTED BY ALL OF THE NEIGHBORS WHO INDICATED THEY REALLY ENJOYED THE IMPROVEMENT TO THE PROPERTY AND THE CHANGE OF APPEARANCE.
UM, AND AS A, A BRIEF TANGENT, IT LOOKS
COMPLICATED BY THE FACT THAT OVER TIME, SOME BUILDINGS WERE PAINTED AND OTHERS WEREN'T, AND THEY TRIED TO APPARENTLY MARRY SOME TYPE OF WAY TO MAKE THEM ALL WORK TOGETHER.
BUT AS I LOOKED AT IT, CONCLUDING THAT PAINTING THE, UM, BRICK WAS AN IMPROVEMENT, IT DID NOT COMPLY WITH THE SPECIFIC REQUIREMENTS OUTLINED IN, UH, F1 AND TWO.
UM, I HAVE TO CONCLUDE THAT THE BUILDING OFFICIAL, UH, EXCUSE ME, THE ADMINISTRATIVE OFFICIAL DID NOT AIR, AND THEREFORE THE APPLICANT'S POSITION, WELL, I, I BASICALLY HAVE TO, UH, ECHO MR. SLAVE'S COMMENTS A HUNDRED PERCENT.
UM, THE PAINTING OF THE BRICK TO ME, CONSTITUTES AN IMPROVEMENT.
I'M NOT A REALTOR, BUT IF I WERE TO PUT MY HOME ON THE MARKET TODAY AND I MADE THAT IMPROVEMENT, I FEEL THAT A REALTOR WOULD SAY THAT THAT WAS AN IMPROVEMENT.
AND THAT IS SOMETHING THAT COULD EASILY BE PRE PRESENTED TO A BUYER.
SO I TOO FEEL THAT IT WAS AN IMPROVEMENT MADE TO THE HOME, AND IT ECHOES WHAT THE NEIGHBORS SAY AS WELL.
AND THEREFORE, UM, IT DOESN'T COMPLY WITH WHAT IS REQUIRED BY THE CONSERVATION DISTRICT.
SO I TOO, UH, WOULD SUPPORT THE BUILDING, BUILDING OFFICIALS, UH, DENIAL.
SO I CONCUR WITH, UM, WHAT WAS PREVIOUS, PREVIOUSLY, UM, STATED HERE.
AND THE, THE APPLICANT DID PRESENT A COMPELLING CASE.
HOWEVER, FOR ME, THIS COMES DOWN TO, UM, JUST ABOUT THREE WORDS, SHALL WILL AND MUST.
AND, UM, IT'S UNFORTUNATE, UH, BUT IT'S A REALITY THAT THIS PARTICULAR CONSERVATION DISTRICT HAS A VERY RIGID, UH, SET OF RULES THAT MUST BE COMPLIED WITH.
AND, UM, UH, UNFORTUNATELY IN THIS CASE, UH, THE APPLICANT'S, UM, PAINTING OF THE PREVIOUSLY UNPAINTED BRICK, UH, FALLS OUTSIDE OF THOSE REQUIREMENTS.
AND, UM, YOU KNOW, TO THAT CA TO THAT POINT, UM, I I I WILL BE SUPPORTING THE MOTION.
[02:20:06]
EQUITY IS A, UH, IS CURRENTLY A CORE VALUE OF THE CITY OF DALLAS AND ALL ITS DEPARTMENTS AND PROGRAMS. AND THAT DOES NOT APPEAR TO BE CONSISTENT WITH THIS CASE, UNLESS THE APPROPRIATE CITY REPRESENTATIVES SWEAR TO REQUIRE ALL PAINTED HOMES IN THE DISTRICT TO HAVE THAT PAINT REMOVED.I CANNOT EITHER ETHICALLY OR ACTUALLY MORALLY VOTE TO SUPPORT THIS MOTION SINCE I FIND IT ARBITRARY AND DISCRIMINATORY BECAUSE IT, AS YOU HAVE STATED, IT IS BASED ON THE INTERPRETATION OF THE INSPECTOR OR WHATEVER CITY REPRESENTATIVE GOES OUT TO LOOK AT THESE CASES.
YOU ALSO STATED THAT YOU DID NOT KNOW, TO YOUR KNOWLEDGE, YOU DID NOT KNOW HOW MANY OTHER HOMES HAVE BEEN PAINTED IN THAT DISTRICT.
I HATE TO USE THE WORD ILLEGALLY, BUT NOT IN COMPLIANCE WITH THE CODE.
SO I, I CANNOT VOTE FOR THIS MOTION.
I, UM, I UNDERSTAND NOT WANTING TO BE HOOD LINK BY WORDS, UH, IN TERMS OF REPAIR AND IMPROVEMENT, MY INITIAL UNDERSTANDING OF IMPROVEMENT, YOU KNOW, THINK ABOUT IT.
THAT'S JUST, YEAH, PRETTY MUCH ANYTHING YOU'VE DONE, I LOOKED AT IT REPAIRS TO MEND AND PROVES TO MAKE BETTER, UH, IN THEORY BY THOSE STANDARD, IF YOU DON'T LIKE THE PAINT, IT'S WORSE.
BUT MY MY VIEW OF MY CONCERN, WE, WE HAVE A VERY SPECIFIC CD.
I MEAN, IT, IT GOES INTO THINGS I NEVER THOUGHT ABOUT, NOR DO I WANT TO, AND MANAGES TO NEVER MENTION PAINT BRICK.
NOW, I DON'T READ ENOUGH OF IT TO SAY, WELL, OF COURSE BY DEFINING ALL THESE OTHER THINGS, THEY MEAN YOU CAN'T PAINT BRICK ANY COLOR.
SO MR. SLATE'S POINT MAY BE THAT, BUT PAINTED IT ME THREE GREAT, UH, UH, BUT WHEN YOU MAKE A RULE ORDINANCE, WHATEVER, YOU, YOU HAVE AN OBLIGATION TO BE CLEAR.
AND WHEN YOU INTERPRET IT RIGIDLY, YOU, YOU HAVE EVEN HIGHER, UH, OBLIGATION TO, TO BE CRISP.
AND, AND, AND YOU CAN'T, YOU SHOULDN'T, UH, ALLOW YOUR MISSION TO DECREE.
UM, AND I, I DON'T THINK, I DON'T THINK THIS, UH, CD IS, IS VERY CLEAR ON THIS POINT, AT LEAST.
UH, AND IF IT'S NOT CLEAR, MY INSTINCT IS THAT IT OUGHT TO BE, IF SOMETHING IS NOT EXPLICITLY TAKEN AWAY FROM AN OWNER, UH, IT IT OUGHT TO BE THE PROVIDENCE OF THE OWNER.
UH, UM, AND I I, I UNDERSTAND MR. SLAVE'S IN REACTION ON, ON, UH, ON WHAT A, WHAT A REMODEL IS.
AND I, I GET THAT INTUITIVELY YOU'RE SAYING, OF COURSE THIS IS NOT.
UH, BUT I ALSO THINK THAT, THAT THEY DON'T, ANYWAY, TALK ABOUT PAINTING BRICK WITH THE ONE EXCEPTION WHERE THEY WENT OUT OF THEIR WAY TO SAY, YOU CAN'T.
I INDICATES TO ME THAT W WOULD I, IF I WERE LOOKING AT IT FROM SCRATCH, DECIDE THAT I AM GONNA READ THIS AND TAKE AWAY SOMEBODY'S ABILITY TO PAINT, I WOULD NOT, THIS IS LIKE, MAY I ADD A LITTLE BIT MORE? SURE.
UM, I COMPLETELY RESPECT MS. POLLOCK'S POINT, UH, ON, ON, UH, FEELING LIKE THERE'S A CONCERN ABOUT ARBITRARY.
EVERY TIME WE HAVE A CASE COME BEFORE THE BOARD, JUST BECAUSE NOTHING SETS A PRECEDENT, UM, AND IT, IT FEELS LIKE WE'RE JUST GETTING WHATEVER COMES UP TO US.
SO THAT'S A VERY VALID POINT, AND I RESPECT HER, UM, CONCLUDING THAT SHE'S NOT GONNA SUPPORT PROMOTION PRESIDENT.
AND I ALSO APPRECIATE YOUR POINT, UH, VICE CHAIR AGNI ABOUT WHY DOESN'T IT SAY PAINT? AND I THINK IT DOESN'T SAY PAINT BECAUSE IT DOES SAY COLOR.
AND SO IN THE F TWO SUB PART ABOUT MATERIAL, ANY REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE IN SIZE, COLOR, FORCING TEXTURE, MORTARING, AND JOINT WALL.
SO MY INTERPRETATION OF THAT IS, DOESN'T MATTER IF IT'S PAINTED OR IF IT'S THE UNPAINTED PRODUCT.
UM, AND THAT'S WHERE I WAS TRYING TO INQUIRE ABOUT LIKE, WELL, TECHNICALLY IT, IT,
[02:25:01]
I DON'T KNOW IF I WOULD, IF THIS WAS A PURE PAINT VERSUS NOT.IF IN FACT THIS APPLICANT HAD GONE THROUGH AND USED LIKE A FINE TIP BRUSH OF KEEPING AND MORTARING THE EXACT SAME COLOR AND GOING THROUGH EACH AND EVERY BRICK, I WOULD PROBABLY SAY THERE WAS AN ERROR IF IT WAS ABOUT UNPAINTED MUST REMAIN.
BUT BECAUSE FOR ME, THE MATERIALS INCLUDE THE WORK COLOR, I THINK THAT ENCOMPASSES THE PAINTING COMPONENT AND THEREFORE DIDN'T NEED TO BE ADDRESSED.
AND IN MY MIND, YOU CAN TREAT THE RETAIL SECTION DIFFERENTLY BECAUSE WE DON'T KNOW THE HISTORY, NOR WAS IT BROUGHT UP TO US WHAT THE HISTORY WAS.
BUT THAT MIGHT HAVE BEEN JUST A PURE AESTHETIC DECISION OF WHAT THEY WANTED THE REGIONAL TO LOOK LIKE, AS OPPOSED TO MELDING THE DIFFERENT STYLES, UM, AS REFLECTED IN EXHIBIT D TO THIS PARTICULAR CD THAT SHOWED THAT THERE WAS A HEIGHTENED DIVERSITY OF UNIQUE AND HISTORIC SORT SET.
SO THAT'S WHY I AM, I CAN COMPLETELY RESPECT PEOPLE INCLUDING THE OTHER WAY.
UM, AND I'LL SHUT UP NOW
GOING BACK TO THE, THE INTENT, RIGHT? THE INTENT WAS THAT, UM, THE, THE HOMES, WHETHER NEW OR, OR UM, EXISTING WERE TO COMPLY WITH THE ORIGINAL, UM, STATE OF THE GRID, RIGHT? SO THE RULES OUTLINED IN THE ORDINANCE WERE THAT IT WOULD BE A BLONDE AND A MULTI MULTICOLOR, RIGHT? THOSE MULTICOLOR NATURAL STONE AND, UM, WITH THE COSS AND ROUGHNESS THAT, THAT, THAT, THAT BRICK WAS, OR ORIGINALLY THAT THE HOME WAS ORIGINALLY CONSTRUCTED WITH.
SO THEN IT GOES ON TO SAY, PREVIOUSLY UNPAINTED, SO ALL OF THE HOMES THAT WERE PREVIOUSLY UNPAINTED.
SO TO PAINT IT, WHETHER IT'S RESTATED AGAIN, IT, IT, IT'S, IT'S, IT'S AGAINST WHAT WAS ORIGINALLY INTENDED FOR THE PARTICULAR, UH, CONSERVATION DISTRICT.
SO I I, I DON'T THINK IT'S NECESSARY TO RESTATE ABOUT PAINTING, UH, ALONG THE LINES OF WHAT, WHAT MR. SLADE MENTIONED.
I JUST DON'T, I JUST DON'T THINK IT WAS NECESSARY TO RESTATE THAT BECAUSE IT HAD ALREADY BEEN STATED.
SO, OH, YES, I'D LIKE TO MAKE A COMMENT.
YOU MAY, HOW LONG HAVE WE BEEN SPENT DISCUSSING THIS? WE ARE A PANEL OF FIVE PEOPLE WHO HAVE HAD COLLECTIVELY YEARS OF DEALING WITH CODES AND REGULATIONS AND SO ON.
HOW DO WE EXPECT THE AVERAGE HOMEOWNER TO UNDERSTAND? AND TO KNOW THIS, MR. SLADE HAS JUST POINTED OUT THE WORD COLOR, WHICH MEANS PAINT.
I THINK WE ARE EXPECTING WAY TOO MUCH OF OUR HOMEOWNERS, AND IF THE CITY WANTS TO MAKE SOMETHING CLEAR, THEY NEED TO MAKE IT CLEAR AND NOT ARBITRARY.
AND I GO BACK TO MY POINT OF EQUITY.
PEOPLE NEED TO UNDERSTAND WHAT IS EXPECTED OF THEM, AND THE CITY HAS NOT DONE THEIR JOB MAKING IT CLEAR TO THE PEOPLE, TO THE HOMEOWNERS WHO WANT TO REMODEL, REPAIR, IMPROVE WHATEVER WORD ONE WANTS TO USE THEIR HOMES.
AND AGAIN, THAT'S WHY ANOTHER REASON WHY CANNOT SUPPORT THIS MOTION.
UH, I'M SENSITIVE TO THE, THE SAME THING I, I SEE, UM, I SEE A LOT OF PAINTED HOUSES AND A LOT OF NEIGHBORS ENJOYING THAT, RIGHT? TO DO THAT.
I, I GUESS IF, IF YOU THINK THIS IS CONTRARY TO THE CODE, I WOULD URGE YOU GUYS TO GO DO A SURVEY AND DECIDE WITH THEIR ILLEGAL USE OF THEM, DO WHAT THEY'RE DOING.
AND I DON'T THINK THIS IS A GIANT MISTAKE THAT WENT ON FOR, FOR 17 YEARS.
I SEE A LOT OF, LOT OF FAVORABLE LETTERS.
I DON'T KNOW, MIGHT FOR, I, I UNDERSTAND WHERE PEOPLE COME, COME FROM, WE CONCLUDE DIFFERENT THINGS.
UH, IT'S A REASONABLE DISAGREEMENT AND FINE.
BUT THAT SAID, I THINK I KNOW HER.
WOULD YOU PLEASE CALL THE VOTE MAYOR? YEAH.
[02:30:02]
THE VOTE, THE, UH, BUILDING OFFICIALS, UH, IS UPHELD THREE TO TWO, IT WOULD'VE TAKEN FOUR TO OVERTIME, IS THAT TRUE? CORRECT.RIGHT, BECAUSE IT'S DENYING THE REQUEST, IT ONLY TAKES THE MAJORITY VOTE.
UM, I'LL SEE MOST OF YOU ON THE 29TH.
UH, ANYTHING ELSE? OKAY, THANK YOU.
AT 3:34 PM IN OCTOBER 21ST, 2024 BOARD OF ADJUSTMENT PANEL C IS ADJOURNED.