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[Board of Adjustments: Panel B on December 18, 2024.]
WELCOME TO THE BOARD OF ADJUSTMENT.I'M SHERRY GABO AND I'M HONORED TO SERVE AS A VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT BOARD'S PANEL B.
TODAY IS WEDNESDAY, DECEMBER 18TH, 2024 AT THE TIME OF 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM, WHICH IS A MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
UH, PRESENT TODAY IS MYSELF, SARAH LAMB, ANDREW FINNEY, AND PHIL SAUTE.
WE ALSO HAVE, UM, STAFF PRESENT.
WE HAVE, UH, THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, MARY WILLIAMS, OUR BOARD SECRETARY OF MEETING.
MODERATOR WE HAVE DIANA KU, SARAH MAY, SARAH ZABAR, ARI BRYANT, THOMPSON, CAMBRIA, JORDAN, AND NORA.
BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR OUR TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE, NO ACTION OR DECISION SETS OF PRECEDENT ON A CASE.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES AND UNLESS OTHERWISE INDICATED, IS PRESUMED TO BE A LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE HEARING.
ANY EVIDENCE THAT YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON THE CASES SHOULD BE SUBMITTED TO MARY WILLIAMS, OUR BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THIS EVIDENCE WILL BE RETAINED IN THE BOARD'S OFFICE FOR, UH, THE PUBLIC RECORD FOR EACH CASE APPROVALS OF A VARIANCE.
A SPECIAL EXCEPTION OR REVERSAL OF A BUILDING OR ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF A FULL FIVE MEMBER PAYING PANEL.
AND IT'S THE SAME WHEN WE HAVE JUST FOUR OF US HERE.
ALL OTHER MOTIONS REQUIRE SIMPLE MAJORITY VOTE LETTERS TO THE BOARD'S.
ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRE TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH MARY WILLIAMS. EACH REGISTER SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, UM, OR WHEN A SPECIFIC CASE IS CALLED FOR A PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO.
UH, THERE WILL BE NO TELECONFERENCING VIA WEBEX AND ALL COMMENTS ARE BEING DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
UM, WE ARE SLIGHTLY ADJUSTING OUR UM, AGENDA.
WE WILL HEAR OUR UNCONTESTED CASES FIRST, UM, WHICH WELL, AND WHEN I BE HERE, WE WILL TALK ABOUT THEM, WHICH IS BDA 2 3 4 1 5 2 BDA 2 3 4 1 4 2 BDA, 2 3 4 5 1 AND BDA 2 3 4 1 5 3.
WE'LL THEN HEAR, UM, ONE OF OUR HOLDOVER CASES, WHICH IS BDA 2 3 4 22 ON URSULA LANE.
WE'LL THEN HEAR BDA 2 3 4 1 3 9, WHICH IS ON MOCKINGBIRD LANE.
AND FINALLY WE'LL HEAR BDA 2 3 4 1 3, WHICH IS ON MARIE DRIVE.
SO WE'LL START WITH OUR UNCONTESTED DOCKET.
OH, ACTUALLY WE'LL START WITH OUR MINUTES.
AND DO, UM, DO I HAVE A MOTION TO APPROVE THE MINUTES? YES, MS. LAND, I MOVE TO APPROVE THE MINUTES FROM, UH, THE NOVEMBER 20TH, 2024, UH, PANEL B UH, HEARINGS A SECOND.
EVERYTHING ELSE WILL BE A ROLL CALL VOTE AND WE CAN MOVE ON TO THE, DO WE HAVE ANY PUBLIC SPEAKERS? NO PUBLIC SPEAKERS REGISTER.
UM, ANYTHING ELSE? OKAY, UM, IF WE, WE'LL MOVE ON AND MAY I HAVE A MOTION ON CASE BEA 2 3 4 DASH 1 52 61 1 61 14 CARLTON GARRETT STREET? IS THAT, UH, THE, I I MEANT THE UNCON.
SO IF I CAN JUST GET A MOTION RIGHT? YES, GO PLEASE.
I MOVE TO THE BOARD OF ADJUSTMENT TO GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFY ALL THE REQUIREMENTS OF DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BDA 2 3 4 DASH 1 52 APPLICATION OF MONIQUE EVERETT FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED TO THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED BDA 2 3 4 DASH 1 42 APPLICATION APPLICATION OF ESH READY FOR A VARIANCE TO THE FRONT AND SIDE YARD SETBACK REGULATIONS AND TO THE OFF STREET REGULAT PARKING REGULATIONS CONTAIN.
THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE TO THE MOST RECENT VERSION OF ALL SITE PLANS ARE REQUIRED.
BDA 2 3 4 DASH 51 APPLICATION OF GILBERT BROWN FOR VARIANCE TO THE OFF STREET PARKING REGULATIONS CONTAINING THE DALLAS DEVELOPMENT
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CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.COMPLIANCE TO THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
BDA 2 3 4 DASH 53 APPLICATION OF RICARDO ANO FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED, UH, PLANS ARE REQUIRED.
I DON'T, DO WE HAVE ANY DISCUSSION? SECOND, UM, WE TAKE A ROLL CALL.
AND WE'LL NOW MOVE ON TO OUR REGULAR CASES, UM, AND WE WILL HEAR BDA 2 3 4 DASH 22 53 14 URSULA LANE IF THE APPLICANT WILL PLEASE STEP FORWARD.
YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE'LL ASK YOU TO BE SWORN IN.
ADDRESS IS 4,004 BARNES BRIDGE, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE STATE YOUR NAME, ADDRESS, AND PROCEED.
EDWARD GRO, UH, ADDRESS IS 4,004 BARNES BRO ROAD IN DALLAS, TEXAS.
UM, PURPOSE, UM, OR WHY I'M HERE TODAY FOR THE, UH, 53 14 URSULA LANE IS TO SUBMIT FOR WITHDRAWAL, UH, WHICH I UNDERSTAND IS JUST SIMPLY, UH, REQUESTING A DENIAL, UM, WITHOUT PREJUDICE.
ARE THERE ANY OTHER SPEAKERS ON THIS CASE? WE HAVE A SPEAKER IN OPPOSITION.
I LIVE AT 5 3 3 0 URSULA LANE, DALLAS, TEXAS 7 5 2 2 9.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES MA'AM, I DO.
UM, I I WAS ACTUALLY GOING TO ASK THAT, UM, THE CASE BE DENIED TODAY RATHER THAN HELD OVER AGAIN.
UM, I HAVEN'T HAD ANY, UM, CONTACT WITH THE APPLICANT SINCE, UM, I WAS LAST DOWN HERE IN NOVEMBER.
UM, THOUGH I REMAIN WILLING TO COMPROMISE, IT SEEMS SILLY TO WASTE EVERYONE'S TIME FOR ME TO CONTINUE TO COME DOWN HERE, BUT MOST IMPORTANTLY FOR YOU FOLKS WHO ARE GIVING YOUR TIME FREELY.
UM, BUT MY, UM, ISSUE WOULD BE TO THE EXTENT HE'S WILLING TO, UH, WITHDRAW, UM, WITHOUT PREJUDICE TO REFILE.
UM, WHAT IS, IF YOU CAN HELP ME, WHAT IS THE, UM, BOARD OF ADJUSTMENTS RULES, UM, SAY WITH RESPECT TO, UH, GETTING THE SAME PANEL? UM, I KNOW THAT I'M A LAWYER AND IN THE COURTROOM YOU CAN'T FILE AND THEN WITHDRAW AND THEN REFILE IN THE HOPES OF GETTING A DIFFERENT JUDGE.
I JUST THOUGHT THAT WE HAD DONE SO MUCH WORK WITH THIS PANEL, UM, THAT IF THEY DO REAPPLY, WE COULD GET THE SAME PANEL AGAIN.
SO IF THAT'S THE CASE, THEN I WOULD NOT OBJECT TO HIS WITHDRAWAL.
UM, WELL, I BELIEVE IF WE DENY ANY CASE THAT WAS CAME BACK ON THIS PROPERTY WOULD COME BACK TO THIS PANEL.
UM, AND IF IT'S DENIED WITH PREJUDICE, YOU CAN'T COME BACK FOR THREE YEAR, TWO YEARS AND IF IT'S DENIED WITHOUT PREJUDICE, IT'S YOU CAN COME, THEY CAN FILE AGAIN TOMORROW.
WELL, LIKE I SAID, IF HE'S WITHDRAWING, I'M, I'M NOT GONNA OBJECT AND HE CAN REFILE, THAT'S FINE.
I'D JUST BE HAPPY TO BE IN FRONT OF THE SAME PANEL.
JUST GOT IT SINCE ALL DONE THE WORK.
ANY QUESTIONS? I HAVE A QUESTION FOR STAFF SINCE THEY WITHDRAWING, IS IT IN THE PURVIEW, UM, OR DISCRETION OF THIS BOARD, UM, THAT WE COULD, IF WE SO CHOOSE, UM, ALLOCATE A A FEE WAIVER SINCE THEY'RE CHOOSING WITHDRAW OR THEY AT ANY TIME THEY CAN'T WITHDRAW BECAUSE YOU GUYS HAVE TAKEN I SEE.
DO I HAVE A MOTION MS. LIAM? I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 3 4 DASH 1 22 ON APPLICATION OF EDDIE GRPA.
I DENY THE SPECIAL EXCEPTION REQUEST BY THIS APPLICANT, APPLICANT TO CONSTRUCTING OR MAINTAIN A SIX FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.
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ANY DISCUSSION? MOVE.UM, CAN WE HAVE A ROLL CALL VOTE.
MR. EU, YOU SECOND THE MOTION.
MOTION TO DENY PASSES? FOUR TO ZERO.
AND WE'LL NOW HEAR CASE AND DO, OH, DO WE HAVE TO DO THE SECOND MOTION? OH, OKAY.
UM, AND I'M ASSUMING THAT THE APPLICANT WANTS, UM, IS REQUESTING A SAME ACTION FOR BOTH APPLICATIONS.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 1 22 ON APPLICATION OF EDDIE GO OFFICE DENIED SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN EVENTS WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LAWN, SORRY, FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY.
MOTION TO DENY PASSES FOUR TO ZERO AND WE'LL NOW MOVE TO CASE BDA 2 3 4 DASH 1 39 62 40 EAST MOCKINGBIRD LANE.
IF THE APPLICANT WILL PLEASE STEP FORWARD OR ARE YOU ONLINE OR ARE THEY NOT HERE? I'M ONLINE.
CAN YOU, IT'S JULIE ROBERTSON.
UH, WE NEED TO SWEAR YOU IN AND YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS AND YOU HAVE FIVE MINUTES.
UH, JULIE ROBERTSON AND 14 2 0 1 SOVEREIGN ROAD IN FORT WORTH, TEXAS 7 6 1 5 5.
UM, I DO NEED TO REQUEST A POSTPONEMENT ON THIS.
WE'VE HAD A SETBACK ISSUE, I KNOW Y'ALL WERE DISCUSSING IT EARLIER TODAY AND I CAN MAKE SOME CLARIFICATIONS.
UM, SINCE I WASN'T ABLE TO SPEAK EARLIER IN THE 10 30 MEETING, THE PREVIOUS, UM, OWNERS WERE BBVA AND PPNC BANK AND WHEN THEY PNC BANK CLOSED DOWN, THEY REMOVED THE EXISTING 20 FOOT PYLON THAT WAS THERE WHEN BLACK SHEEP COFFEE, UM, RENTED THE, THE LEASE SPACE FROM THE LANDLORD.
THE LANDLORD PROCEEDED TO PUT IN A BIG BOX MONUMENT SIGN AS PART OF HIS RESPONSIBILITY WITHIN THE LEASE, WHICH WAS NOT WHAT BLACK SHEEP COFFEE WANTED.
THEY WANTED TO GO BACK WITH A PYLON INSTEAD.
UM, SO I WILL NEED TO POSTPONE THIS BECAUSE IT WAS BROUGHT TO OUR ATTENTION THAT THE SETBACKS THAT ARE CURRENTLY ON THE SITE PLAN ARE INACCURATE AND WE NEED TO MOVE IT BACK AT AN ADDITIONAL 10 FEET.
IS IT POSSIBLE FOR US TO BE ABLE TO POSTPONE? WE, WE, WE CAN HOLD IT OVER FOR A, UM, A MONTH, UM, AS OPPOSED TO POSTPONING? YOU'LL HAVE TO WAIT UNTIL THE NEXT PUBLIC HEARING, WHICH IS JANUARY 22ND, 22ND OF 2025.
THAT WOULD BE PERFECT, AND I SHOULD HAVE ALL THE ANSWERS FROM THE CLIENT BY THEN OF HOW FAR BACK THEY NEED TO GO.
NOW, UM, FOR THE APPLICANT HERE, WHAT IS A DEADLINE FOR HER TO REVISE HER SITE PLAN, UH, PER THE APPLICATION FOR THE FIRST CITY STAFF TO HAVE ENOUGH TIME TO REVIEW? THAT'S GOING TO BE JANUARY 2ND.
DO YOU, IS THAT ENOUGH TIME FOR YOU TO REVISE YOUR SITE PLAN AND HAVE A, A REVISE SITE PLAN WITH A NEW SETBACK INTO CITY STAFF BY JANUARY 2ND, GIVEN THE HOLIDAYS? I SHOULD BE ABLE TO DO THAT, YES.
DO I HAVE A MOTION WE NEED TO ANY SPEAKERS? OH, ARE THERE ANY OTHER SPEAKERS ON THIS? NO, THE SPEAKERS, I, I MOVE WITH THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA, UH, 2 3 4 DASH THREE NINE HOLD THIS MATTER UNDER ADVISEMENT UNTIL UNTIL WEDNESDAY, JANUARY 22ND, 2025.
CAN WE HAVE A ROLL CALL? VOTE MS. SLANG? AYE.
MOTION TO HOLD PASSES? FOUR TO ZERO.
AND WE'LL HEAR OUR FINAL CASE, WHICH IS BDA 2 3 4 DASH 30 98 20 RACE DRIVE.
IF THE APPLICANT CAN PLEASE STEP FORWARD.
HI, MY NAME IS ALMA DAVALOS AND MY ADDRESS IS TEN THREE ONE SIX BAYER DRIVE IN DALLAS, TEXAS 75 2 1 8.
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WE NEED TO SWEAR YOU IN.ARE YOU BOTH SPEAKING TODAY? YES.
UM, I GUESS I'M GONNA SWEAR BOTH OF YOU IN AND IF YOU DON'T MIND FILLING OUT A, A BLUE CARD WHEN YOU'RE DONE.
UM, DO YOU SWEAR, DO YOU BOTH SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
YOU HAVE FIVE MINUTES? UH, YES.
UM, THANK YOU FOR BEING HERE GUYS.
UM, TODAY WE ARE REQUESTING A VARIANCE OF FIVE FEET ON 98 20 ROYCE DRIVE IN DALLAS, TEXAS 75 2 1 7.
UM, FIRST I WANTED TO EXPLAIN WHY ON CAD IT SHOWS A ZERO, UM, LIKE VALUE OF THE HOUSE.
UM, WE SPLITTED THIS LAND, IT USED TO BE 98 16 ROYCE DRIVE, AND WE SPLIT IT INTO TWO, UM, A INTO TWO ADDRESSES.
SO THAT'S THE REASON WHY ON THE APPRAISAL DISTRICT, IT SHOWS US, UH, ZERO BALANCE BECAUSE WE JUST SPLITTED THE LAND.
SO NEXT YEAR THEY'RE GONNA VALUE THE HOUSE AND, UH, THAT'S THE REASON WHY IT SHOWS US ZERO.
AND, UM, WE ARE REQUESTING A VARIANCE OF FIVE FEET SINCE WE MADE A MISTAKE.
UM, WHENEVER WE GOT THE PLANS APPROVED, UM, E SHOWED ON RED LETTERS THAT WE NEEDED TO, UM, MOVE THE SETBACK AND WE ALL GOT CONFUSED, INCLUDING THE FOUNDATION GUY.
SO WHENEVER WE POURED THE, UH, FOUNDATION, THE CONCRETE, UM, EVEN THE FOUNDATION GUY, UM, UH, DID IT THIS WAY.
UM, ON THE ORIGINAL PLANS IT SHOWS 25 FEET AND THAT'S THE REASON WHY EVERYBODY GOT CONFUSED.
UM, THE, THOSE FIVE FEET ONLY COVERS PART OF THE PORCH AND THE GARAGE, SO IT IS NOT TOUCHING ANY OF THE LIVABLE, UM, SPACE ON THE HOUSE.
UM, WE WERE ALSO VERY IN SHOCK WHENEVER WE, UH, TRY TO PASS THE FINAL INSPECTION AND, UH, THEY SAID THAT, UH, THAT WE DID A MISTAKE ON THE SETBACKS BECAUSE ALL OF THE INSPECTORS KEPT PASSING THE INSPECTION.
SO I'M JUST VERY SURPRISED THAT NOBODY EVER SAID ANYTHING TILL THE FINAL, FINAL INSPECTION.
AND WE WERE VERY IN SHOCKED ABOUT THIS TO BE HONEST.
WE ALSO HAD, UH, THE FORM SURVEY ON THE SIDE.
WE HAD THE PLANS ON THE SIDE, UM, AND, UH, NOBODY CAUGHT IT.
AND, UM, YEAH, THIS IS WHAT'S GOING ON RIGHT NOW.
SO, UM, LAST TIME YOU WERE HERE, UM, KINDA THE GUIDANCE THAT WAS GIVEN BECAUSE STAFF RECOMME RECOMMENDATION IS, IS DENIAL, UM, THE DIRECTION YOU'RE GIVEN WISE BECAUSE THERE'S A FEW STANDARDS THAT YOU DO NOT MEET AND OUR PURVIEW IS VERY LIMITED ON, ON HOW WE CAN, UM, APPROVE OR DENY, UH, AN APPLICATION.
AND, UM, AND KINDA THE DIRECTIVE WE GAVE YOU BECAUSE OF REALLY THE ONLY STANDARD THAT YOU MEET, UM, WOULD BE THAT IS IF THE, UM, LEMME PULL THIS UP REALLY QUICK, IS IF, UM, THE COST TO BECOME COMPLIANT IS GREATER THAN 50% OF THE VALUE OF THE PROPERTY.
SO THAT WAS KIND OF DIRECTLY YOU WERE GONNA COME BACK AND FEED YOUR CASE ON THAT BECAUSE THIS IS A, A SELF-CREATED HARDSHIP, UM, AND WE'RE NOT, WE'RE NOT REALLY ALLOWED TO GRANT VARIANCES ON SELF-CREATED HARDSHIPS.
UM, AND A FEW OTHER, YOUR, YOUR LOT SIZE IS ONE THAT IS, IS TYPICAL OF AN R 10 ZONING, SO IT ISN'T, YOU KNOW, YOUR REGULAR SHAPED LOT.
THIS IS SOMETHING THAT YOU ADMITTEDLY, YOU KNOW, BUILT AN ERROR AND MISUNDERSTOOD THE PLANS.
SO THE ONLY WAY I CAN GRANT YOU THIS VARIANCE IS IF YOU CAN ELABORATE ON THE, THE PIECE ABOUT, UM, THE, THE VALUE OF COMING COMPLIANT BEING GREATER THAN THE APPRAISED VALUE.
UM, SO WE TAUGHT, I TALKED TO ALL OF THE CONTRACTORS TO SEE HOW MUCH IT WOULD COST FOR US TO MOVE THE HOUSE FIVE FEET BACK.
AND, UM, THEY TOLD ME THAT IT WAS BETTER TO LITERALLY JUST DEMOLISH THE HOUSE AND REBUILD THE NEW ONE BECAUSE IT WAS GONNA BE LITERALLY MORE, UH, MORE MONEY IF WE TRY TO MOVE THE HOUSE FIVE FEET BACK.
SO I JUST GOT QUOTES FROM EVERYBODY INCLUDING THE DEMOLITION, UH, TO DEMOLISH THE HOUSE AND REBUILD THE HOUSE FIVE FEET BACK.
UM, SO I THINK IT'S GOING TO BE AROUND $299,000 FOR US TO DEMOLISH THE HOUSE AND,
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UH, DO A NEW HOUSE.UM, SO IT IS, IT'S JUST GONNA BE A LOT OF MONEY.
UH, WE SOLD THE HOUSE FOR, UH, WE CAN, THE HOUSE WAS, IS WORTH THREE 50.
I'M AN AGENT AND I ALSO RUN SOME COMPS.
I DON'T KNOW IF YOU HAVE THEM THERE.
UM, WE, I SHOW YOU HOW MUCH, HOW MANY HOUSES HAVE SOLD WITHIN THE PAST SIX MONTHS, UM, AROUND THAT AREA WITHIN A MILE OF THAT AREA.
AND, UM, THAT HOUSE IS JUST, UM, IS NOT WORTH MORE THAN 3 55, 3 50 TO 3 55.
SO I GAVE YOU GUYS ALL OF THE COMPS ON THE HOUSES THAT HAVE SOLD AROUND THE AREA.
SO IT WOULD BE LITERALLY AROUND 300, UH, THOUSAND DOLLARS TO REBUILD THIS HOUSE.
UM, BECAUSE IF WE TRY TO MOVE IT LIKE, UH, CHOP THE GARAGE AND CHOP THE PORCH, IT'S, IT'S JUST THE HOUSE IS NOT GONNA LOOK GOOD THAT WAY.
SO I ASKED FOR QUOTES FROM EVERY, UM, FROM EVERY CONTRACTOR AND UM, I SEND YOU GUYS EVERYTHING.
SO IT'S GONNA BE A LOT OF MONEY FOR US TO DO THAT.
SO, UH, WHAT ARE THE THINGS I'M HAVING A HARD TIME WITH? UM, AND Y'ALL ARE IN A BETTER POSITION NOW BECAUSE TRULY THE APPRAISAL DISTRICT VALUES THE IMPROVEMENT OF YOUR PROPERTY AT ZERO BECAUSE THERE, WHEN THEY LAST APPRAISED IT, THERE WAS NO IMPROVEMENT ON THE PROPERTY.
SO EVEN IF IT COSTS YOU $2 TO BE COMPLIANT, YOU ALREADY NEED THAT STANDARD.
YEAH, BUT HERE'S THE HARD THING, HARD THING I HAVE IS THIS IS NOT JUST A HOUSE THAT Y'ALL ARE BUILDING TO LIVE IN.
SO I, I MEAN, HOW DO WE PREVENT THIS IN THE FUTURE? BECAUSE Y'ALL HAD PLANS, THE PLANS WERE APPROVED BY THE CITY.
IT'S, IT'S NOT ON THE CITY TO MAKE SURE YOU'RE COMPLIANT AND TO BUILD WITHIN THE STANDARD OF THE PLANS THAT WERE SUBMITTED APPROVED THAT'S ON Y'ALL.
AND NOW YOU'RE SELLING THIS PIECE TO SOMEBODY IN THE PUBLIC YEAH.
AND, AND Y'ALL AREN'T FOLLOWING BUILDING PLANS.
UM, SO I MEAN, A PIECE OF THIS SHOULD BE REALLY, REALLY PAINFUL FOR Y'ALL SO YOU DON'T MAKE THIS MISTAKE AGAIN.
BECAUSE WE'RE SUPPOSED TO BUILD THE PRODUCT.
YOU KNOW, BUT UH, YOU KNOW, LIKE WE, WE, WE WILL MOVE, UH, BECAUSE YOU KNOW, OUR WORK IS ON THE OTHER SIDE, SO THAT'S WHY WE SELL IT.
SO, I MEAN, I KNOW WE HAVE TO CHECK THE PLAN, WE HAVE TO CHECK EVERYTHING.
SO ON THE FUTURE TOO, YOU KNOW, LIKE EVEN THE ARCHITECT, YOU KNOW, I TELL HIM LIKE MAKE SURE EVERYTHING IS SOME THE SETBACK AND WE HAVE TO RESPECT THAT.
WELL I DON'T THINK THE ARCHITECT WAS, WAS AN ERROR HERE BECAUSE THE PLANS THAT Y'ALL SUBMITTED WERE APPROVED.
IT WAS WHOEVER POURED THE FOUNDATION AND BUILT IT YEAH.
THAT BUILT OUTSIDE OF WHAT WAS ACTUALLY APPROVED BY THE CITY.
AND WE SO Y'ALL MET THE SETBACKS WITH THE PLANS THAT YOU SUBMITTED.
YOU JUST DIDN'T BUILD FOR THE SETBACKS.
WE, WE TALKED TO THE, UH, TO THE ARCHITECT TOO ABOUT THIS ISSUE.
WE WERE LIKE, HEY, LIKE YOU PUT THE HOUSE, UH, 25 FEET AND HE WAS VERY SURPRISED TOO.
I DON'T KNOW WHERE HE GOT THAT INFORMATION FROM, BUT HE THOUGHT IT WAS 25 TOO.
AND I DON'T EVEN KNOW HOW THE, UH, FOUNDATION COMPANY ALSO, UH, MISREAD THE PLANS.
EVERYBODY GOT CONFUSED BECAUSE IT SHOWS 25 FEET ON THE, ON THE PLANS.
SO NOBODY SAW THOSE RED, UM, WORDS THAT THEY, THAT THEY WROTE ON THE PLANS.
I MEAN, WE WOULD LEARN, YOU KNOW, LIKE WE CHANGE EVERY DETAIL BECAUSE HUGE.
THIS IS A LOT OF MONEY, YOU KNOW, LIKE FOR US.
UH, ON THE FUTURE, YOU KNOW, DO WE KEEP DOUBLING OR ANYTHING LIKE THAT? I MEAN WE HAVE TO TAKE EVERY DETAIL
OUR SURVEY HAVE TO MATCH THE YEAH.
BECAUSE, UM, WE SEND A FORM SURVEY AND WE PLACE EVERYTHING ON THE JOB SITE, YOU KNOW, IT WAS JUST A MISTAKE THAT NOBODY NOTICED TILL THE END.
AND EVEN ZONING DEPARTMENT, THEY USUALLY, USUALLY PUBLIC, YOU KNOW, THEY TELL LIKE, HEY, UH, YOU GUYS GOT IT? LIKE, LISTEN, IT WENT TO THE PHONE, BUT IT FINALLY, YOU KNOW, LIKE NOBODY CAUGHT IT.
UM, LIKE WHENEVER YOU HAVE A MISTAKE LIKE THAT, THEY USUALLY STOP YOU.
UM, AND THEY PUT LIKE A, SOMETHING ON THE PERMIT THAT YOU CANNOT KEEP MOVING FORWARD.
NOBODY, NOT EVEN THE INSPECTORS.
SO THERE'S BEEN CASES THAT COME OUT THIS BOARD THAT HAVE ENDED UP IN THE TEXAS SUPREME COURT THAT ULTIMATELY DETERMINED THAT IT IS ON THE DEVELOPER, THE PROPERTY OWNER.
UM, TO MAKE SURE THEY'RE COMPLIANT WITH ALL, ALL OF, OF DALLAS DEVELOPMENT CODE.
UM, SO WHAT, WHETHER THE, WHETHER THE CITY APPROVED IT OR NOT OR MISSED IT DURING INSPECTIONS, ULTIMATELY DEFINITELY
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THAT IS ON ON Y'ALL WHO ON THE PROPERTY AND DEVELOPMENT PROPERTY.AND WE HAVE POINT
IT'S, IT'S JUST A LOT OF MONEY, YOU KNOW, IF WE MOVE THIS HOUSE, IF WE DEMOLISH THE HOUSES, IT'S JUST GONNA BE A TOTAL LOSS TO BE HONEST.
SO ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO OTHER SPEAKERS? BOTH OF US.
ALL, OH, DO YOU HAVE ANOTHER QUESTION? ALL? NOPE.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BD 2 3 4 DASH 1 3 0 ON APPLICATION OF ALMA FOR CO DELOS REPRESENTED BY DOUGLAS LIMUS GRANT, THE FIVE FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REP REPRESENTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF THE PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP AS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT INTENDED DALLAS DEVELOPMENT CODE COMPLIANCE.
MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
UM, BUT WE HAVE SUCH A SMALL PURVIEW HERE.
UH, WHAT WE CAN GRANT IN TERMS OF VARIANCES, YOU DID NOT MEET THE FIRST THREE STANDARDS.
UM, THIS IS IS CONTRARY IN MY OPINION TO PUBLIC, UH, INTEREST.
UM, THE LAND CAN BE DEVELOPED AS SUCH IN THE SAME AREA, UH, IN PARCEL LAND WITH THE SAME ZONING.
UM, AND BASICALLY GRANTING THIS WOULD, WOULD HELP YOU, UH, RELIEVE YOURSELF CREATING HARDSHIP.
THE ONLY PARAMETER THAT YOU ACTUALLY MADE BY THE GRACE OF GOD IS BECAUSE DEC A HAS YOUR IMPROVED PROPERTY AT $0.
SO THE OI HA I HAVE TO APPROVE THIS WHETHER I WANT TO OR NOT BASED ON THE STANDARD.
BECAUSE IN ORDER FOR YOU TO BECOME COMPLIANCE, THE FINANCIAL COST TO BECOME SO IS GREATER THAN 50% OF THE PHRASE VALUE OF THE STRUCTURE HAS SHOWN.
SO I DIDN'T WANT TO AGREE THIS 'CAUSE I FEEL LIKE Y'ALL REALLY, REALLY SCREWED UP HERE.
UM, AND YOU'RE DEVELOPING THE PROPERTY THAT PEOPLE ARE GONNA LIVE IN AND Y'ALL ARE DEVELOPERS, BUT I HAVE TO LOOK AT THE STANDARD AND YOU MEET ONE EXCEPTION TO THE STANDARD.
SO I, I HAD NO CHOICE BUT TO TAKE GRANT.
ANYBODY ELSE? MR. BEN? ALL ROLL CALL VOTE MS. LAMB.
THIS, UH, MEETING OF THE BOARD OF ADJUSTMENT PANEL B IS UM, ADJOURNED AT 1:28 PM.