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ARE WE READY?

[Board of Adjustments: Panel B on January 22, 2025.]

[00:00:03]

OKAY.

GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENTS.

I'M SHERRY GABO AND I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT BOARD.

ITS PANEL B.

TODAY IS WEDNESDAY, JANUARY 22ND, 2025.

IT IS 1:01 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 THIS MEETING.

UM, PRESENT TODAY ARE MYSELF, SHERRY GABO, SARAH LAMB, PARKER GRAHAM, UH, NICHOLAS, UH, BROOKS AND JOE CANNON.

UM, OUR STAFF PRESENT INCLUDE THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.

CAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR.

WE HAVE BRYANT THOMPSON, SENIOR PLANNER.

WHO ELSE IS HERE? LAURA.

OKAY.

MR. SCOTT ROPER WITH SIGNS AND NORA CASTA PLANNER AND C CITY, CITY PLAN'S EXAMINER.

AND IS DIANA BARUM ATTENDING? OKAY.

AND DIANA BARUM IS ONLINE.

ALL RIGHT.

SO THERE WE GO.

BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY IN WHICH THIS HEARING WILL BE CONDUCTED.

MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.

WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.

WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.

NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.

EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED IS ASSUMED TO BE A LEGAL USE.

WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THIS PUBLIC HEARING.

ANY EVIDENCE THAT YOU WISH TO SUBMIT TO THE BOARD TODAY FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.

THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF PUBLIC RECORD FOR EACH CASE.

APPROVALS OF A VARIANCE, A SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATION ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF A FIVE FULL MEMBER PANEL.

ALL OTHER MEMBER, ALL OTHER MOTIONS ONLY REQUIRE A SIMPLE MAJORITY VOTE.

LETTERS TO THE BOARD.

LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF PUBLIC RECORD FOR EACH CASE.

ANYONE WISHING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.

EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.

ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.

THERE IS NO TELECONFERENCING ALLOWED ON WEBEX.

ALL COMMENTS ARE BE DIRECTED TO THE PRESIDING OFFICER AND I MAY MODERATE MODIFY SPEAKING TIMES IS NECESSARY TO MAINTAIN ORDER.

UM, OKAY.

SO LET'S SEE.

FOUR R.

YES.

UM, WE WILL START WITH, UM, SOME OF OUR MISCELLANEOUS ITEMS AND WE'RE GOING TO APPROVE OUR MINUTES, WHICH WE DID MAKE A FEW CHANGES TO.

UM, AND WE PUT THAT ON THE RECORD DURING THE BRIEFING.

SO DO I HAVE ANY, UM, MOTION? THANK YOU MS. LYNN.

I MOVE TO APPROVE THE MINUTES AS MODIFIED IN THE 10:30 AM MEETING THIS MORNING.

DO I HAVE A SECOND? AYE.

JOE CAN SECOND UP.

ALL IN FAVOR? AYE.

AYE.

AYE.

ALL FUTURE VOTES WILL BE A ROLL CALL VOTE.

UM, WHAT'S THAT? AND THEN IN TERMS OF OUR AGENDA, UM, WE WILL, WE'RE, WE'RE BASICALLY GONNA GO IN ORDER.

UM, WE'LL START WITH OUR W WE'LL HAVE OUR CONSENT AGENDA, WHICH IS BDA 2 4 5 DASH 0 0 6 BDA 2 4 5 0 0 4.

AND BDA 2 4 5 0 1 2, UM, ARE ALL ON THE CONSENT AGENDA.

AND WE ALSO, UM, HAVE BDA 2 4 5 DASH ZERO 15, WHICH IS 63 56 DENHAM STREET.

UNFORTUNATELY THIS CASE, UM, WHILE, UH, NOTIFY CORRECTLY IN THE NEWSPAPER AND ALL OF THE DOCKET MATERIALS ARE CORRECT ON THE AGENDA, IT IS ONLY SHOWING, UM, ONE REQUEST FOR A CHANGE AND IT HAS TWO.

AND SO WE CANNOT HEAR THIS CASE TODAY, SO WE WILL MAKE A MOTION AT THE BEGINNING OF THIS MEETING TO HOLD THAT CASE OVER.

UM, SO IF WE CAN START WITH, UM, BDA 2 4 5 DASH 0 1 15 63 56 BENNI STREET.

IF I CAN HAVE SOMEONE MAKE A MOTION ON THAT TO HOLD THAT CASE OVER.

YES, I'LL MAKE A MOTION TO HOLD OVER.

UM, BDA 2 4 5 DASH 15 ZERO.

YEAH.

YEAH.

UM, TO OUR FEBRUARY, UM, WHAT'S THAT GONNA BE? THE 20TH 19TH, FEBRUARY 19TH, 2025.

SECOND.

OKAY.

CAN WE HAVE A ROLL CALL? VOTE

[00:05:02]

MS. LAND? AYE.

MR. CANNON? AYE.

MR. BROOKS? AYE.

MR. GRAHAM? AYE.

MS. VICE CHAIR AYE.

MOTION TO HOLD UNTIL FEBRUARY 19TH PASSES FIVE TO ZERO.

AND IF I CAN, UM, HAVE A MOTION FOR THE, UM, UH, CONSENT AGENDA.

I'LL MAKE A MOTION.

THANK YOU MR. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WE SO SIR, OFF WITH BDA 2 4 5 DASH 0 0 6 APPLICATION OF MARGARET MURPHY REPRESENTED BY BALDWIN ASSOCIATES FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS ALONG PEYTON DRIVE.

AND THIS SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS ALONG HILLCREST ROAD CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS, WHICH IS COMPLIANCE SPECIFIED HEIGHT AND FENCE.

LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

NEXT CASE, BDA 2 4 5 DASH ZERO FOUR, THE APPLICATION OF ANDREW GLOVER FOR A VARIANCE OF THE INTERIOR EAST SIDE YARD SETBACK REGULATIONS AND FOR A VARIANCE TO THE INTERIOR WEST SIDE YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION, WHICH IS THE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

AND LAST, THE BDA 2 4 5 DASH ZERO 12, THE APPLICATION OF BALDWIN FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS, A VARIANCE TO THE OFF STREET PARKING REGULATIONS AND A FOR A SPECIAL EXCEPTIONS FROM THE VISUAL OBSTRUCTION REGULATION AT THE DRIVEWAY APPROACH CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT WITH THE FOLLOWING CONDITION, WHICH IS THE COMPLIANT WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

SECOND MAY HAVE A ROLL CALL VOTE.

OH.

IS THERE ANY DISCUSSION? I HAVE REGISTERED SPEAKER.

OH, FOR WHICH CASE? UH, 0 0 4 1.

YOU'RE ONE YOU'RE ABOUT TO VOTE ON.

OH, OKAY.

UM, DID WE KNOW THAT HE WAS ON THERE? MARY? IS HE REGISTERED? YES.

MR. HAZEL.

SORRY.

MR. HAZELTON.

HAZELTON.

YES.

HAZELTON.

OKAY.

UM, ? YES.

THESE TWO ? YEAH.

ARE YOU IN OPPOSITION OR FAVOR? MR. HAZELTON? OPPOSITION.

OKAY.

ALRIGHT.

OKAY, SO WE WILL, UM, WHAT'S THAT? DO WE NEED TO WITHDRAW THE WHOLE MOTION? ZERO.

ZERO.

WE AMEND IT.

CAN WE JUST AMEND AND, OKAY.

UM, SO I, OKAY, UM, I'LL, OH, SORRY MR. I MEAN IF IT'S EASIER FOR YOU WITHDRAW WITHIN WITHDRAW, YOU COULD PROBABLY JUST SAY, I, I WOULD LIKE TO AMEND THE MOTION ON THE FLOOR, UM, TO INCLUDE THE CONSENT ITEMS TO BE JUST VDA 2 4 5 DASH SIX AND VDA 2 4 5 DASH TWO.

DOES THAT WORK LEGALLY? OKAY.

OKAY.

ALRIGHT.

UM, WELL THEN I AMEND THE MOTION THAT IS CURRENTLY ON THE FLOOR TO JUST INCLUDE CASES BDA 2 4 5 DASH ZERO SIX AND BDA 2 4 5 DASH ZERO TWO SECOND.

AND FOR DISCUSSION, I THINK NOW WE VOTE ON WHETHER TO ACCEPT THE AMENDMENT AND THEN WE VOTE ON THE AMENDMENT.

YES.

YES.

OKAY.

SO CAN WE HAVE A ROLL? YEP.

THIS IS A FRIENDLY AMENDMENT.

WE ALSO, THIS IS THE FAMILY AMENDMENT.

YES, I ACCEPT THE FAMILY AMENDMENT.

OKAY.

OKAY.

ALRIGHT.

ALRIGHT.

THANK YOU.

WELL, WE HAVE IT IN A ROLL CALL.

VOTE YES.

YES.

NOW WE HAVE A ROLL CALL VOTE ON THE AMENDED.

YOU GIMME A MOMENT.

SORRY.

DO YOU WANT SOMETHING MR. HAZELTON? WE WILL HEAR YOUR CASE AT A, UM, IN, IN ORDER, UM, AT A LATER TIME TO, UH, TODAY.

OKAY.

UH, DOES THE CHAIR HAVE AN IDEA APPROXIMATELY BASED ON HER AGENDA? UM, YOU ARE FOURTH IN LINE.

VERY GOOD MA'AM.

THANK YOU VERY MUCH.

THANK YOU.

SO CAN WE HAVE A ROLL CALL VOTE ON THAT.

AMENDED, UM,

[00:10:04]

UM, MS. LAMB? YES.

AS AMENDED.

MR. CANNON? YAY.

MR. BROOKS? YES.

MR. GRAHAM? YES.

MS. GABO? YES.

MOTION TO AMEND PASSES.

FIVE TO ZERO GOOD ROARING START.

OKAY, WELL WE WILL MOVE ON TO BDA 2 4 5 DASH 0 0 8 60 41 MC BOULEVARD.

IF THE APPLICANT WILL PLEASE STEP FORWARD.

THIS IS MCCOMBS.

IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE WILL HAVE YOU SWORN IN BY MS. WILLIAMS. UH, SPENCER EAST AT MY ADDRESS IS 91 16 MELISSA DRIVE, DALLAS, TEXAS 7 5 2 1 8.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.

OKAY.

UH, PLEASE PROCEED.

YOU HAVE FIVE MINUTES.

OKAY.

LADIES AND GENTLEMEN OF THE BOARD, THANK YOU FOR TAKING YOUR TIME AND OPPORTUNITY TO LISTEN TO OUR APPEAL, UH, OF THE EAST SIDE GUARD SETBACK AT 60 41 MCMA BOULEVARD.

THIS HOME, LIKE MANY IN CD 11, HAS BEEN THROUGH DIFFERENT RENOVATIONS IN THE PAST, WHICH DON'T CONFORM TO PRESENT DAY RULES OR ORDINANCES, WHICH BRINGS US TO OUR APPEAL TODAY.

THE HOMEOWNERS WISH TO ADD A SIMPLE ADDITION OVER THE GARAGE TO CREATE MORE SPACE FOR THEIR FAMILY TO GROW AND THRIVE, WHICH CREATES SPACE DOWNSTAIRS FOR HOME OFFICE SPACE IN A GUEST ROOM BY MOVING SOME FAMILY UPSTAIRS.

CURRENTLY, THE GARAGE IS ATTACHED TO THE HOME FOR THE PREVIOUS ADDITION OVER 30 YEARS AGO, AND IS NON PERFORMING ON THE CURRENT EAST SIDE YARD SETBACK OF 10 FEET AND CANNOT BE MADE MORE NONCONFORMING.

THE SPACE, THIS SPACE IS THE MOST FEASIBLE LOCATION FOR THE ADDITION, UH, FOR THE ADDITIONAL BEDROOM FOR MANY REASONS, INCLUDING COST AND EASE OF CONSTRUCTION AND MAINTAINING THE ARCHITECTURAL INTEGRITY OF THIS BEAUTIFUL COLONIAL REVIVAL HOME.

A SPACE SUCH AS A GARAGE CREATES A BUILD OPPORTUNITY TO BUILD A SECOND, UH, STORY AS IS LEAST INVASIVE FOR THE FAMILY AS TO NOT CAUSE DISRUPTIONS TO THE NORMAL DAY, UH, TODAY ACTIVITIES, WHICH IS ONE REASON THIS AREA WAS CHOSEN FOR THE PROJECT.

SECONDLY, AND MOST IMPORTANTLY, THE COST OF ADDING SPACE OVER ANY OTHER PART OF THE HOME IS GONNA CAUSE A, A SUBSTANTIAL INCREASE IN COSTS, WHICH WOULD BE WELL OVER 50% OF THE PRICE VALUE OF THE HOUSE.

THERE'S NO WAY TO ADD THE SPACE DOWNSTAIRS, UH, AND ADDING SECOND FLOOR LIVING AREA OF ANY OTHER PART OF THE HOUSE WILL TAKE AWAY, UH, FROM THE CHARACTER OF THE HOME.

ARCHITECTURALLY REQUIRE MAJOR RESTRUCTURAL ELEMENTS AND NEARLY A FULL HOME REMODEL.

ALSO, AS EVIDENCED BY OUR CURRENT SURVEY, THE WEST SIDE IS ALSO NONCOMPLIANT WITH CURRENT SETBACKS AND WE WOULD HAVE TO APPEAL TO THE BOARD ANY OTHER RENOVATION BOARD IN ORDER TO CREATE THE NECESSARY SPACE OVER THE PRIMARY SUITE AND THE FAMILY ROOM.

WE UNITED CUT OFF WATER, POWER, HVAC, PROMOTE OF THE BUILD, REMOVE THE SUBSTANTIAL FIREPLACE DEMO TO THE STUDS OF FAMILY ROOM, PRIMARY SUITE, UTILITY ROOM, POWDER, BATH AND HALLWAY, AS WELL AS RESTAIN AND REFINISH THE ENTIRETY OF THE CURRENT ORIGINAL, UH, FLOORING.

THIS IS WELL BEYOND THE NECESSARY SCOPE OF ADDING LIVING SPACE OVER THE GARAGE ITSELF.

THE ATTIC SPACE WITH THE PRIMARY SUITE IS THE LOCATION OF THE HVAC SYSTEM AS WELL AS, UM, AND WOULD NEED TO BE, BE REPLACED.

FURTHERMORE, THE HOMEOWNER WOULD BE FORCED TO ADD A STAIRWELL IN LIEU OF SUBSTANTIAL LIVING SPACE, THUS LOSING VALUABLE FLOOR AND LIVING SPACE.

ALSO, PUTTING ADDITION TOWARDS THE BACK OF THE LOT REDUCES VALUABLE OUTSIDE RECREATION AREA AND WOULD REQUIRE AN OLD GROWTH LIVE OAK TREE TO BE TAKEN DOWN.

UM, IF WE COULD REDESIGN THE ADDITION WITHIN THE REAR FIVE FOOT SETBACK AS WELL AS INCREASING INCREASING NONPERMEABLE SERVICES AND AFFECTING RUNOFF, OUR APPROXIMATE BUDGET OF 200 K WILL JUMP TO NEARLY $600,000 GIVEN CURRENT RENOVATION AND ENGINEERING COSTS, STORAGE COSTS, MOVING THE FAMILY TO TEMPORARY HOUSING FOR SIX MONTHS.

THIS IS WELL OVER HALF THE APPRAISED VALUE.

WE HOPE THAT YOU CONSIDER OUR APPEAL AS VALID FOR THESE REASONS AND CONSIDER THE RECOMMENDATION TO THE CONSERVATION DISTRICT AND ALLOW US TO PROCEED.

THANK YOU.

ARE THERE ANY QUESTIONS FOR THE APPLICANT? UM, SO WILL YOU TOUCH ON, UM, BUILDING ON THE BACK PORTION, UM, WHICH WOULD MEAN THAT YOU WOULDN'T HAVE TO COME IN FROM THE BOARD? UM, SO DO YOU HAVE IMAGES ON THE OF THE BACKYARD OF WHERE POTENTIALLY? UH, JUST FROM WHAT I SUBMITTED, UH, WHEN WE APPLIED FOR, UM, THE APPEAL, UM, IT'S, IT'S A VERY, IT'S, IT IS A SMALL BACKYARD AND IT'S THE ONLY RECREATION SPACE THEY HAVE.

UM, AND RIGHT NOW WE'RE ALREADY PRETTY CLOSE TO, UH, LOT COVERAGE MAXIMUMS. DO YOU KNOW, DO YOU KNOW WHAT YOUR LOT COVERAGE IS NOW? UH, I DON'T HAVE THAT INFORMATION.

40%.

DID WE EVER FIND OUT WHAT THE MAXIMUM LOCK THAT AS WELL IN THE CITY THAT IS, THAT, IS HE AT 40%? WHAT'S AGAIN, I'M SORRY.

HAVE THAT INFORMATION.

NO,

[00:15:01]

YOU'RE FINE.

YEAH, THAT'S RIGHT.

UH, SO DURING THE BREAK, UH, THE RESEARCH WAS DONE.

SO 40% IS THE MAX LOCK COVERAGE AND THEY'RE CURRENTLY AT 33.8.

SO BASICALLY 34%.

SO IF THEY WERE TO BILL IN AN AREA OF THIS PROPERTY IN ORDER TO BECOME COMPLIANT, THEY WOULD STILL COME ON THE BOARD FOR A VARIANCE ON LOCK COVERAGE.

IF THEY WERE TO EXCEED THE 40%, THEY WOULD'VE TO COME FOR THE BOARD.

IF THEY DO NOT EXCEED THE THEY WOULDN'T, THEY WOULDN'T.

BUT WHAT THEY'RE ASKING FOR IS WHAT AMOUNT OF ADDITIONAL SQUARE FOOTAGE? SQUARE FOOTAGE ON THE SECOND FLOOR.

LIKE IF THEY WERE TO REPLICATE THAT ON THE BACKSIDE OF PROPERTY, THAT'S APPROXIMATELY, UH, 450 SQUARE FEET.

YEAH, IT'S JUST DIRECTLY ABOVE A TWO STORE GARAGE.

SO, AND IT BLEEDS, SO IT JUST, SO IF THEY WERE TO REPLICATE THE PLAN ON THE SECOND FLOOR AT THE BACKSIDE OF PROPERTY, THAT WOULD LIKELY EXCEED THE FOUR SET? UH, I WOULD SAY YES.

OKAY.

SO THEN THEY WOULD STILL HAVE TO COME FROM THE BOARD FOR A VARIANCE ON, UH, IT WOULD BE A TOTALLY DIFFERENT DESIGN BECAUSE, UM, THE WIDTH, THE WIDTH THAT'S PROVIDED IN THE REAR YARD IS NOT THE SAME 20 PLUS FEET IN THE REAR YARD.

SO THEY WOULD HAVE TO COMPLETELY REDESIGN THAT AREA THAT'S CURRENTLY ABOVE THE GARAGE, UH, TO COMPLY WITH THE SETBACKS WITHOUT COMING BEFORE THE BOARD OR WITHOUT ENCROACHING INTO AN ALLEY OR ANY OTHER SETBACKS.

IT'S ALSO THE ONLY, UH, ENTRANCE TO THE BACKYARD FROM THE HOUSE.

UM, AND WE DID DISCOVER THERE'S ALREADY A, UH, THE WEST SIDE IS ALSO NOT COMPLIANT.

IT'S ABOUT 4.6 FEET OR NOT FIVE FEET.

SO ALSO NEED A VARIANCE IF WE WENT ON THE FIRST FLOOR, UH, OR THE SECOND FLOOR OVER THE PRIMARY, UH, FOR THAT AS WELL.

YOU MENTIONED TREES IN THE BACKYARD.

MM-HMM.

WHERE, WHERE ARE THOSE? UH, THEY'RE DIRECTLY BEHIND THE, THE PRIMARY SUITE WHERE THEY ADDITION WOULD GO, UM, AS WELL AS ONE TOWARDS THE BACK OF THE GARAGE.

UH, ANY FOUNDATION WORK WOULD, UH, COMPROMISE THE INTEGRITY OF THOSE TREES.

IF YOU WERE TO ESTIMATE, UH, WHEN WERE THOSE PLANTED, WHAT WERE THEY, UH, APPROXIMATELY WHEN THE HOUSE WAS BUILT? UM, LIKE THE 47.

I MEAN THEY'RE, IT'S 70-YEAR-OLD TREE.

YES.

I HAVE A COUPLE ON THESE.

UM, FOR THE APPLICANT HERE.

THIS IS GONNA BE A COUPLE OF MATH QUESTIONS, PROMISE IT'LL BE EASY, BUT, UM, CAN YOU SHARE WITH US, SO WE'RE LOOKING TO SEE OR UNDERSTAND THIS, UH, LOT COVERAGE PERCENTAGE.

OKAY.

SO THERE'S A DELTA OF 6% BETWEEN WHAT CURRENTLY EXISTS, UM, VERSUS WHAT THE MAXIMUM, UH, MAXIMUM IS FOR THE DESIGN THAT'S CURRENTLY IN FRONT OF US.

ARE THOSE ROOMS, WOULD YOU SAY, ARE THEY, UM, DESIGNED TO LIKE A MINIMUM? SO LIKE THE BEDROOM FOR EXAMPLE, ARE THOSE THE, YOU KNOW, AS FAR AS LIKE WHAT'S LEGALLY ALLOWED, THE MINIMUMS FOR SQUARE FOOTAGES FOR LIKE A BEDROOM, A BATHROOM? UH, UH, BEFORE HE ANSWER, LET ME ADD ONE MORE CAVEAT TO THE LOCK COVERAGE.

GOT IT.

OKAY.

SO EVEN WITH THE 7%, UM, A PORTION OF THAT IS THAT DRIVEWAY THAT COMES FROM THE FRONT TO THE EXISTING GARAGE.

SO WHILE IT'S QUOTE UNQUOTE HE'S AT 34%, 33.8, 34% AND THE MAX IS 40, YES.

THAT DRIVEWAY, YOU CAN'T BUILD IN FRONT OF THAT ANYWAY JUST BECAUSE OF THE FACT THAT YOU WOULD BE CUTTING OFF ACCESS TO THE TWO, TO THE CURRENT EXISTING TWO CAR GARAGE.

SO THAT 6% IS REDUCED EVEN MORE IF THEY WOULD, SHOULD ONLY JUST BUILD IN THE BACKYARD.

MR. THOMPSON, DOES THIS CHANGE STAFF'S RECOMMENDATION LOOKING AT THE LOT COVERAGE AND WHAT'S BEEN BUILT AND WHAT CAN BE BUILT? UM, I WOULD RECONSIDER YES.

BASED ON THIS, YES.

SO STAFF RECOMMENDATIONS WOULD INCLUDES, UH, APPROVAL, UM, BASED ON THIS LATEST, YES, I WOULD, I WOULD RECONSIDER TO, UH, APPROVAL.

OKAY.

UM, IN THAT CASE THEN I'M GONNA WITHDRAW MY QUESTION FOR THE APPLICANT THERE.

OKAY.

ANY OTHER QUESTIONS? ARE THERE ANY OTHER SPEAKERS FOR THIS CASE? MR. DARREN DUNN, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN WE'LL SWEAR YOU IN.

UH, DARREN DUNN, 60 41 MC BOULEVARD, DALLAS, TEXAS 7 5 2 0 6.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

OKAY.

PLEASE PROCEED.

YOU HAVE FIVE MINUTES.

ALRIGHT, GOOD AFTERNOON.

I'M DARREN DUNN, HOMEOWNER OF 60 41 MC BOULEVARD BOULEVARD FOR THE LAST 11 YEARS.

WE'LL START OUT AS A FAMILY OF TWO IN 2013 IS NOW A FAMILY OF FOUR IN 2025.

WE'VE FINALLY COME TO A POINT WHERE WE'VE OUTGROWN OUR THREE BEDROOM HOME IN THE LAST 11 YEARS.

WE HAVE VASTLY IMPROVED THE HOME FOR WHEN WE FIRST PURCHASED IT.

A FEW IMPROVEMENTS TO HIGHLIGHT OR A TOTAL KITCHEN MAKEOVER, MASSIVE BATHROOM RECONSTRUCTION,

[00:20:01]

AS WELL AS REFINISHING ALL THE ORIGINAL HARDWOOD FLOORS.

THE LAST AND PERHAPS MOST IMPORTANT IMPROVEMENT IS TO ADD MORE LIVABLE SPACE.

OVER THE LAST 18 MONTHS, WE'VE WORKED ON A PLAN TO ADD THAT LIVABLE SPACE BY WORKING WITH THE LOCAL ARCHITECT TO FINALIZE DESIGN PLANS, SOURCING AND ENGINEERING STUDY SECURING THE NECESSARY CAPITAL, FILLING ALL, FILLING, FILING ALL NECESSARY DOCUMENTS, ET CETERA.

WHAT WE DIDN'T KNOW UNTIL WE HAD OUR PLANS REVIEWED BY A CITY OF DALLAS PLANS EXAMINER IS THAT OUR EXISTING ATTACHED GARAGE IS NON-PERFORMING CODE.

IN MY OPINION, THIS HAS CREATED AN UNNECESSARY HARDSHIP THAT WAS DONE FORESEEABLE UNTIL THIS POINT IN TIME.

WHAT WE THOUGHT WAS THE MOST UNIQUE CHARACTERISTIC OF AN OLDER HOME COULD POTENTIALLY BECOME AS BIG A SETBACK.

TODAY I ASK THE BOARD OF ADJUSTMENTS TO RECONSIDER THEIR DENIAL OF VARIANT RECOMMENDATION.

WITHOUT THE NECESSARY APPROVAL, WE WOULD HAVE TO MATERIALLY CHANGE OUR PLANS AND BY DOING SO, RUN THE RISK OF HINDERING THE EFFORT TO ADHERE TO THE EXISTING ARCHITECTURAL STYLE OF THE NEIGHBORHOOD.

FURTHERMORE, WE DON'T GET THE VARIOUS APPROVAL WE WOULD HAVE TO MOVE TO ANOTHER HOME AND LEAVE BEHIND ALL THE TIME, MONEY, AND EFFORT SPENT MAKING THE HOUSE OUR HOME.

WE WANT TO DO RIGHT BY THE CONSERVATION DISTRICT AND FEEL THAT OUR CURRENT PLAN WITH THE VARIANCE APPROVAL FITS WELL WITHIN THE CITY ORDINANCE, WON'T TAKE AWAY FROM THE NEIGHBORHOOD, WON'T BE INVASIVE TO THE TREES, AND WILL STAY WITHIN THE STYLE OF THE HOME.

TO CONCLUDE THE FACT OF THE MATTER IS THAT WE NEED TO ADD LIVABLE SPACE SIMILAR TO OUR HOME.

WE WANT NOTHING MORE THAN FOR THIS HOME TO BE OUR FOREVER HOME.

ASK THAT YOU PLEASE APPROVE OUR VARIANCE REQUESTS.

THANK YOU FOR THAT.

ARE THERE ANY QUESTIONS? YES, I DO HAVE ONE QUESTION.

UM, THIS IS JUST FOR A POINT OF CLARIFICATION, MR. DUNN.

YEAH.

UM, WE RECEIVED A LETTER OF SUPPORT FROM A MICHELLE AND SCOTT STRONG, UH, LOCATED AT 60 45 MCAS BOULEVARD.

CAN YOU CONFIRM OR DENY THAT THOSE ARE YOUR NEIGHBORS ADJACENT TO THE AREA OF YOUR SITE? YOUR, YOUR PROPERTY THAT'S IN QUESTION.

YEAH.

CONFIRM.

THEY'RE ON THE EAST SIDE.

OKAY.

ALRIGHT.

ABSOLUTELY.

ALRIGHT, THANKS.

NO PROBLEM.

ANY OTHER QUESTIONS? ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO, THE SPEAKERS REGISTER.

OKAY.

DO I HAVE A MOTION FOR THIS CASE? I'LL MAKE A MOTION.

THANK YOU MR. P.

OKAY.

UH, LET'S SEE HERE.

I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER EDA 2 4 5 DASH 0 0 8 ON APPLICATION.

WHOOPS.

THIS WAS THE WRONG SHEET, UH, BECAUSE THAT WAS .

NO, UH, YEAH.

OKAY.

OKAY.

SORRY.

UH, SPENCER SO GRANT, THE FOUR FOOT EIGHT INCH VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.

BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE, WHICH IS A COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE ACQUIRED.

SECOND, THANK YOU.

DISCUSSION? YES.

UH, MY MOTION TO VOTE IN FAVOR OF THIS, I BELIEVE, UM, WITH THE FACTS PRESENTED TO US THAT IT DOES MEET ALL THREE, UH, STANDARDS FOR, UH, THE VARIANCE THERE.

AND I'LL JUST LIST THEM OUT.

YOU DO HAVE, UH, COMMUNI OR SPECIFICALLY YOUR NEXT DOOR NEIGHBOR, UH, SUPPORT IN THIS? I THINK THAT'S VERY STRONG, UM, TO YOUR CASE THAT, UM, AND THEN POINT B BEING THAT, UM, THIS SITE IS PRETTY MUCH MAXED OUT AS FAR AS LOT COVERAGE.

SO IT WOULD IN FACT BE RESTRICTIVE TO, UM, YOU KNOW, IF WE WERE TO ENFORCE THE CODE AS IS THAT YOU WOULD NOT BE ABLE TO BUILD ANYWHERE JUST BY THE FACT THAT YOU'RE EITHER AT OR VERY CLOSE TO THAT 40% LAW COVERAGE AND THAT ABOVE ALL, THAT THIS IS NOT A SELF-CREATED HARDSHIP.

SO, UM, AN ADDITIONAL POINT TOO, BEING THAT THIS IS A CONSERVATION DISTRICT, UM, FROM THE IMAGES THAT WE WERE SHOWN EARLIER TODAY, THE ADDITION TO THIS GARAGE WOULD NOT, UM, AT LEAST VISUALLY OR THE AESTHETICS OF THIS COMMUNITY WOULD NOT BE A DETRIMENT, UM, SINCE THAT GARAGE IS SO, UH, SET BACK FROM THE STREET FOOTAGE THERE.

SO THAT IS WHY I'M VOTING, UM, IN FAVOR OF THIS MOTION.

UH, I AGREE WITH THAT.

UM, I ALSO WANNA COMMEND THE, UH, SPEAKER MR. ESTE ON HIS, UH, WELL THOUGHT OUT.

ELEMENT TWO, SUBSTITUTE FINANCIAL COST HARDSHIP EXPLANATION.

WE, WE DON'T GET THAT MUCH.

SO GOOD JOB.

UM, I WAS GOING TO DENY THIS, BUT GIVEN THE STEPS, UM, RESEARCH BETWEEN BRIEFING AND THE HEARING, UM, AND THE, UH, PRESENTATION BY THE APPLICANT'S REPRESENTATIVE, UM, IT IS NOW CLEAR THAT STAFF HAS, UH, NOW RECOMMENDED APPROVAL BASED ON THE CONSTRAINTS OF THE PROPERTY.

UM, AND THEREFORE, UM, I'M GONNA SUPPORT THIS APPLICATION.

I THINK WE SHOULD, AS A BOARD, ENCOURAGE PEOPLE TO STAY IN THEIR

[00:25:01]

HOMES.

AND, UM, WE, WE ARE AN URBAN, WE, WE ARE VERY URBAN.

SO, UM, THIS WILL ALLOW THE FAMILY TO GROW, UM, WHILE ALSO MAINTAINING THE CHARACTER OF THE HOME.

UM, LIKE I SAID, IF IT WASN'T FOR STAFFS, UH, RESEARCH DURING BREAK, UM, THE APPLICANT'S, UH, REPRESENTATIVE I PROBABLY WOULD'VE VOTED.

DENIAL.

ALRIGHT, WE HAVE A ROLL CALL.

VOTE MS. LAMB.

AYE.

MR. CANNON? AYE.

MR. BROOKS? AYE.

MR. GRAHAM? AYE.

MS. VICE CHAIR? AYE.

MOTION? GRAHAM PASSES.

5 2 0.

THANK YOU.

THANK YOU VERY MUCH.

ALRIGHT, MOVING ON.

BD 2 4 5 DASH 0 1 4, 31 46 CLYDE DRIVE.

IF, UM, THE APPLICANT COULD PLEASE STEP FORWARD.

GOOD AFTERNOON, MA.

MY NAME IS BLANCA CARDENA.

I'M JUST HERE ON BEHALF OF MR. MENDEZ.

OKAY, HANG ON JUST A SECOND.

IF, UM, WE NEED YOU TO STATE BOTH YOUR NAME AND ADDRESS FOR THE RECORD, THEN WE NEED TO SWEAR YOU IN.

OH.

SO IF YOU CAN, UM, START WITH YOUR NAME AND ADDRESS AND THEN MS. WILLIAMS, WE'LL JUST SWEAR YOU IN.

BLANC CARDENA, I'M, UM, 7 45 CLEARWOOD, UH, DRIVE, DO TEXAS 7 5 2 3 2.

UH, I'M HERE ON BEHALF OF MR. MENDEZ AND I'M SORRY, I NEED TO SWEAR YOU IN.

OKAY.

OKAY.

DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

OKAY.

PLEASE PROCEED.

OKAY, THANK YOU.

UH, I'M JUST REQUESTING THE, UM, THE COUNCIL BOARD, UM, PERMISSION FOR POSTPONING THIS, UH, APPLICATION FOR A COUPLE MONTHS SINCE MR. MENEZ HAS SOME ISSUES TO WORK ON WITH.

AND, UM, HE'S, UH, ASKING FOR A COUPLE MONTHS IN ORDER TO WORK WITH A BOARD OF JASMINE.

UH, WHEN YOU SAY A COUPLE MONTHS, WHAT, WHAT, TWO, TWO MONTHS.

AND WHAT WILL YOU BE FOR? FOR ANOTHER COUNCIL MEETING.

SURE.

SO WHAT WILL YOU BE DOING IN THOSE TWO MONTHS? THAT SHE, UH, OKAY, HE HAS SOME ISSUES TO WORK WITH.

UM, WE KNOW THAT, UH, THE CITY, UH, IS ASKING US BECAUSE OF THE HOUSES ARE, ARE TOGETHER AND, UH, I KNOW THE CITY'S GONNA, UM, UM, CALL THE NEIGHBOR AND WE'RE GONNA HAVE TO WORK, UM, TO SEE WITH, UM, WITH THE CITY.

I WAS TALKING TO MR. THOMPSON AND, UH, PROBABLY, UM, WE HAVE TO SEE WHAT ELSE WE NEED TO SUBMIT IN ORDER TO GET OUR, UM, PERMIT TO PROVE SOME MORE EVIDENCE OR, UM, SOMETHING, SOME MORE EVIDENCE TO WORK WITH, UM, THE CITY.

SO I DON'T, WOULDN'T HAVE ANYTHING RIGHT NOW.

THAT'S WHAT I'M SAYING.

HAVE Y'ALL ALREADY ENGAGED YOUR NEIGHBOR IN THESE DISCUSSIONS? YES, HE'S AWARE OF, AND HE KNOWS BECAUSE WHEN THEY DID THIS, THE JOB, THEY, BOTH OF THEM AGREED TO DO IT.

I'M THE APPLICANT.

I DON'T KNOW WHY THEY DID IT.

UM, I HAVE NO IDEA.

WHAT IS YOUR RELATIONSHIP TO THE HOMEOWNER? NO, JUST, JUST, UM, NOTHING.

UH, MY, THE COMPANY PLANS, HE DID THE PLANS AND WE TRIED TO HELP THE, THE CUSTOMERS TO SUBMIT TO THE CITY THE PLANS AND ALL THE DOCUMENTS IN ORDER TO GET THE, UH, PERMITS APPROVED.

BUT I DON'T HAVE ANY RELATIONS RELATIONSHIP WITH THEM.

SO YOU ARE PART OF THE FIRM THAT DREW UP THE PLANS THAT RRC PLANS? YES, CORRECT.

SO DID YOU DROP THOSE PLANS BEFORE OR AFTER IT WAS CONSTRUCTED? AFTER THIS IS ALREADY EXISTING.

I SEE.

YES.

OKAY.

SO THEY CAME TO YOU ONCE THE CITY HAD TAGGED THEM AS, AS NOT BEING COMPLIANT.

THEY CAME TO YOU TO DRAW PLANS? YES.

I THINK THEY GOT A TICKET FROM THE CITY AND, UM, THEY, THAT THE CITY WAS AWARE THAT THESE HOUSES WERE BUILT TOGETHER.

SO THEY CAME UP TO US AND, AND, AND TRY TO, UM, TO, TO DO THE PLANS AND TRY TO SUBMIT FOR THE BOARD OF ADJUSTMENT TO SEE IF WE GET APPROVED.

SO HAVE YOU BEEN INSIDE THE PREMISES? HAVE YOU BEEN ON, HAVE YOU BEEN IN THE HOUSE? UM, YES, I'VE BEEN IN THE HOUSE.

SO IS IT YOUR TESTIMONY THAT THE PLANS THAT Y'ALL HAVE DRAWN UP, THAT HAVE BEEN SUBMITTED TO THE CITY, IS THAT AN ACCURATE DEPICTION OF HOW THE PROPERTY EXISTS TODAY? YES.

YES.

OKAY.

UM, I CAN, UM, IT'S NOT MY FAULT.

I SHOULD BRING, UH, PICTURES, UH, FOR YOU TO YEAH, I DON'T SEE VIDEOS AND PICTURES WITH IT.

I THINK THE PLANS AND THEN JUST THE STREET VIEW THAT MR. THOMPSON PROVIDED IS PROBABLY PRETTY SUFFICIENT.

UM, I HAVE A, I DON'T HAVE AN ISSUE NECESSARILY WITH, WITH A MONTH.

A, A FEW MONTHS IS IS A CONSIDERABLE AMOUNT OF TIME CONSIDERING THAT THIS TWO HOUSES THAT ARE ADJOIN.

YES.

UM,

[00:30:01]

AND THAT, YOU KNOW, OUR BOARD ATTORNEY MADE A GOOD POINT DURING BRIEFING THAT WHEN THE ADJACENT PROPERTY OWNER, UH, COMES FROM THE BOARD OF ADJUSTMENT, THEY MAY NOT NECESSARILY BE ASSIGNED TO THIS BOARD.

SO WE'RE GONNA, AND REGARDLESS OF WHAT HAPPENS TO YOUR YOUR CASE, THERE'S NO CASE THAT'S PRECEDENT.

SO ALTHOUGH IT'S IMPORTANT TO HAVE TO HAVE CONSIDERATION FOR THE ADJACENT PROPERTY OWNER, 'CAUSE YOUR Y'ALL'S PROPERTIES ARE BUILDINGS ARE ATTACHED THAT THEY, THESE WILL BE MADE INDEPENDENT AND THEY MAY NOT ACTUALLY COME UP ON THE SAME BOARD.

YES.

I'M, I EVEN TOLD THEM MYSELF, I'M NOT, UM, I DON'T UNDERSTAND THINGS LEGALLY AS YOU DO, BUT, UM, AS COMMON SENSE US, I, WE COULDN'T SAY NO TO THEM.

ASK, UM, OUR CLIENTS, BUT MYSELF, UNDERSTOOD.

I UNDERSTOOD.

UNDERSTOOD.

SO WE HAVE TO COME FORWARD WITH IT.

IS YOUR CLIENT GONNA BE HERE NEXT? UH, YES, BOTH OF THEM.

IS THERE, IS THERE A REASON THEY'RE NOT HERE RIGHT NOW? UM, I THINK, UH, HE'S, UM, ABOARD, UM, HOW DO YOU SAY IT, ABROAD? HE'S IN ABROAD, YEAH.

MEXICO.

OKAY.

BUT SO WILL HE, IF WE ONLY HOLD IT OVER FOR A MONTH, WILL HE BE HERE? YES.

YES.

DO DO THE TWO HOUSES ACTUALLY TOUCH? YES, THEY ARE.

SO DO THEY SHARE A WALL? NO, THEY HAVE THEIR OWN WALL EACH, EACH ONE OF 'EM, I BELIEVE.

I'M NOT PRETTY SURE, BUT I BELIEVE, UH, THE, THE NEIGHBOR, HE DID LIKE A FIREWALL.

FIREWALL.

FIREWALL, IT'S CALLED RIGHT? THE WALL.

IT'S AGAINST FIRE PROTECT.

I DON'T KNOW HOW TO SAY I'M SORRY, BUT I THINK THAT'S WHAT HE DID.

NOT THE MEN INEZ, BUT THE OTHER ONE TOOK TAKE CARE OF IT FOR LIKE, FOR FIRE.

UM, PROBLEM.

DO YOU HAVE, DO YOU HAVE ANY IDEA WHEN YOUR CLIENT CONSTRUCTED THIS ADDITION? NO.

DID THEY GIVE YOU ANY INDICATION? NO, I BELIEVE NO.

NO.

DIDN'T TELL ME WHEN HE DID IT.

HE DOESN'T.

OKAY.

ALL RIGHT.

I'M .

ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO OTHER SPEAKERS.

UH, MR. CANNON? YEAH, I JUST, THIS IS PROBABLY MORE OF A PROFESSIONAL COMMENT AND I'M GONNA, UM, JUST REFERENCING THE, THE PLANS THAT WERE SUBMITTED, UM, THE WAY THAT IT WAS AT LEAST ORIGINALLY INTERPRETED WAS, UM, I DUNNO THAT YOU ALL HAD, HAD DONE THE DRAFTING WORK AND THEN THE CONSTRUCTION HAPPENED.

UM, WHERE, AND THIS IS PROBABLY REALLY NITPICKY, BUT JUST KIND OF JUST FOR FUTURE REFERENCE, IF WE'RE GOING TO, TO HOLD THIS CASE OVER, UM, IT'S SHOWING PROPOSED, UH, FOUR PLANS, PROPOSED ELEVATIONS, IF THIS IS ALREADY CONSTRUCTED, UM, I BELIEVE LIKE THE, THE PROPER LANGUAGE WOULD BE ASBUILT SINCE YOU'RE RECORDING AND I DON'T WANNA TELL YOU HOW TO DO YOUR JOB, BUT JUST FOR, UM, AS SINCE THESE ARE LEGAL CONSTRUCTION DOCUMENTS, UM, JUST TO IDENTIFY THEM AS, AS-BUILTS INSTEAD OF UM, PROPOSED.

SO, OKAY.

YEAH, I'M SURE I KNOW THAT.

OH, SO, OH, HOLD ON.

WE'VE GOT, UM, SORRY.

UM, MR. THOMPSON, I'M HAND IT OVER TO YOU.

YEAH.

SO ANY WORK THAT'S DONE WITHOUT A PERMIT IS PROPOSED BECAUSE LEGALLY IT WAS NOT BUILT WITH A PERMIT.

AND SO WHEN THOSE PLANS ARE SUBMITTED, THAT'S THE REASON WHY IT'S PROPOSED AS OPPOSED TO IN OUR ARCHITECTURE WORLD AS BUILT SYSTEM WAS ACTED OUT HERE AND WAS BUILT WITH THE PERMIT.

BUT FROM A PERMITTING STANDPOINT, IF THERE IS NO PERMIT ON FILE, IT IS A PROPOSED, EVEN THOUGH IT'S, WE CAN GO OUT THERE AND WE CAN SEE IT TODAY, IT'S STILL PROPOSED.

SO IF IT SAID AS BUILT, YOU GUYS WOULD JUST KICK IT BACK AS A MATTER OF COURSE AND GO NO, WE WOULDN'T.

I MEAN WE WOULD, WE WOULD UNDERSTAND IT IF OKAY.

YEAH, BUT JUST WE WE'RE OKAY WITH RECEIVING PLANS TO SAY PROPOSED EVEN THOUGH IT'S ALREADY BILL.

OKAY.

ALRIGHT.

I STAND CORRECTED.

THANK YOU MR. THOMPSON FOR THAT CLARIFICATION.

AND I WILL RESEND MY FORM OF CLARIFICATION FOR THE APPLICANT.

MS. UM, I'M READY TO MAKE A MOTION.

OKAY.

UM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BD 8 2 4 5 DASH 0 1 4 HOLD THIS MATTER UNDER ADVISEMENT UNTIL FEBRUARY 19TH, 2025.

SECOND, UM, I AM OKAY WITH GIVING Y'ALL A MONTH.

UH, I DON'T THINK THIS NEEDS TO BE PULLED UP.

WELL, YOU KNOW, MOVED OUT, KICKED OUT ANY LONGER.

UM, AND IT'S NOT THAT WE CAN ACTUALLY DENY THIS AND HAVE YOU ALL REFILE AND COME BACK 'CAUSE THAT THERE'S A, THERE'S A PRESSING MATTER HERE.

UM, AND WHATEVER HAPPENS TO YOUR NEIGHBOR POTENTIALLY MAY NOT COME IN FROM THIS BOARD.

I THINK THIS NEEDS A, A SWIFT RESOLUTION, UM, AND TO BE HEARD.

SO I'M, I'M WILLING TO GRANT YOU A ONE ONE MONTH EXTENSION ON THIS.

YEAH, I'M WILLING TO GIVE A ONE MONTH, BUT I WON'T EXTEND IT PAST THEN.

NOTHING.

[00:35:01]

THANK YOU.

YEAH, I, I, UM, I'M SORRY.

SECOND JEN, I JUST AGREE THAT FEEL THAT WE SHOULD LIKE, KEEP THE BALL OF ROLLING UP THOSE THINGS IN, UH, IN HERE IN A MONTH.

I THINK THEY NEED MORE THAN A MONTH.

I THINK THIS IS A, A SERIOUS ISSUE THAT'S GONNA REQUIRE SOME REALLY CREATIVE PROBLEM SOLVING.

UM, IF, IF, IF PART OF OUR JUSTIFICATION IS THAT THE OTHER, UH, HOMEOWNER WILL SIMILARLY SUBMIT AN APPEAL, 30 DAYS ISN'T LONG ENOUGH FOR THEM TO GET IN FRONT OF THE BOARD.

LOOK, IF IT'S ON THE DOCKET NEXT MONTH AND IT JUST GETS PUSHED AGAIN, I GUESS THAT'S FINE.

BUT I, MY CONCERN IS THAT'S NOT ENOUGH TIME.

THIS IS TOO BIG OF A PROBLEM.

PEOPLE CAN'T, IT TAKES THEIR PEOPLE 30 DAYS TO ROUND UP NEIGHBORS TO TALK ABOUT FENCE HEIGHT.

THIS IS GONNA BE A SOLUTION THAT WE HAVE NEVER SEEN BEFORE.

UM, AND I DON'T KNOW THAT 30 DAYS FROM TODAY IS ENOUGH.

I WILL MAKE, UM, A POINT OF DISCUSSION HERE.

UM, YOU KNOW WHAT, WHAT MY COLLEAGUES SAY, UM, I DO AGREE TO HOLD THIS OVER.

HOWEVER, UM, AGAIN, JUST IN MY PROFESSIONAL SENSE, UM, THIS IS A HEALTH SAFETY AND WELFARE ISSUE.

UM, ONE THAT I'VE NEVER SEEN AND ON MY OWN WAS FOUR YEARS ON THE BOARD HERE.

UM, GOD FORBID IF A FIRE OR LIFE EVENT WERE TO HAPPEN TO EITHER ONE OF THE PROPERTIES, UH, LIVES WOULD BE IN JEOPARDY, I BELIEVE, AND AS WELL AS PROPERTY 30 DAYS.

I MEAN, ACT QUICK, I'LL VOTE IN FAVOR OF THE HOLDOVER, BUT MAN, THIS IS, UM, AGAIN, THERE'S SETBACKS FOR, FOR A REASON.

UM, AND IT IS TO PROTECT LIFE AND PROPERTY AND THE DISREGARD FOR THAT.

UM, YOU KNOW, THERE, THERE'S JEOPARDY WITH THIS.

SO 30 DAYS ACT QUICK, I'LL VOTE IN FAVOR.

AGAIN, THESE ARE TWO SEPARATE CASES.

REGARDLESS OF WHAT Y'ALL WORK OUT WITH THE NEIGHBORHOOD, THEY'RE INDEPENDENT AND WE MAKE DECISIONS INDEPENDENTLY.

I MEAN, I'M LOOKING AT THE STREET VIEW AND Y'ALL HAVE A, AN AIR CONDITIONING UNIT POKING OUT FROM, FROM A FENCE TO HIDE AN ILLEGAL STRUCTURE THAT WAS, WAS BUILT.

AND SO I DON'T KNOW WHAT LOOKS, WHAT, WHAT WAS BUILT IN TERMS OF QUALITY.

AND AGAIN, IT'S, IT'S TO ME A SAFETY ISSUE THAT NEEDS TO HAVE A QUICK RESOLUTION.

I MEAN, IF IT WAS MY WAY, I'D PROBABLY TEAR THE CASE TODAY.

BUT I WILL GRANT YOU A 30 DAY, I WON'T GRANT ANYTHING LONGER.

ALL RIGHT.

FULL CALL VOTE.

OKAY, MS. LAMB.

AYE.

MR. CANNON? AYE.

MR. GRAHAM? AYE.

MR. BROOKS? AYE.

MS. GABO AYE.

MOTION TO HOLD UNTIL FEBRUARY 19 PASSES? FIVE TO ZERO.

THANK YOU SO MUCH.

GOOD DAY.

ALL RIGHT.

UM, BDA 2 4 5 DASH 0 0 1 14 17 LYNNWAY STREET.

THE APPLICANT WILL PLEASE STEP FORWARD IF YOU'LL STATE YOUR NAME AND ADDRESS AND THEN WE'LL SWEAR YOU IN BEFORE YOU START YOUR TESTIMONY.

UH, J TAYLOR AT 10 33 EAST NINTH STREET.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES MA'AM.

PLEASE PROCEED.

YOU HAVE FIVE MINUTES.

THANK YOU.

UH, GOOD AFTERNOON BOARD.

UM, I'M THE APPLICANT FOR 1417 LYNNWAY.

UH, WITH THIS APPLICATION WE ARE IN THE PROCESS OF, I'M REPRESENTING ST.

PHILLIPS.

WE ARE WORKING WITH THE PARTNERSHIP WITH THE CITY OF DALLAS TO BUILD AFFORDABLE HOMES.

UM, AS PART OF THAT, THAT'S WHAT'S ON THE CONSTRUCTION CURRENTLY ON THE LOT.

AS PART OF THAT PARTNERSHIP, WE'VE ALSO WANTED TO INCREASE DENSITY WITHIN THE NEIGHBORHOOD, WHICH IS WHY WE'RE APPLYING FOR THE SPECIAL EXCEPTION FOR THE A DU.

UM, THE SECOND SPECIAL EXCEPTION THAT WE WERE ASKING FOR IS FOR A SLIGHT INCREASE OF THE SQUARE FOOTAGE OF ABOUT 2%, UH, FOR A LITTLE EXTRA SQUARE FOOTAGE BECAUSE THE INTENT WAS THAT THIS A DU WAS TO BE DESIGNED FOR A HANDICAP, UH, PERSON.

WHEN I ORIGINALLY MENTIONED THAT AND DID THE REQUEST, I TALKED TO, UH, DIANE BARKUM, I BELIEVE.

UM, AND SHE LET ME KNOW, ACCORDING TO THE CITY OF DALLAS CODE SECTION 51 A, 1.107, THERE'S ESPECIALLY EXEMPTS FOR HANDICAP, WHICH LED US DOWN THE PATH OR IF THE REQUEST HAD TO BE CHANGED AND AUGMENTED FOR THAT PURPOSE.

BUT AFTER GOING BACK AND FORTH, WE REALIZED SINCE A HANDICAPPED PERSON ISN'T ACTUALLY LIVING IN THE HOUSE RIGHT NOW, THOSE SPECIAL EXEMPTIONS MAY BE LEGALLY BLURRY.

AND SO WE DECIDED TO JUST LEAVE IT THE WAY IT WAS.

BUT I THINK WHAT WAS READ DURING THE BRIEFING WAS THAT IT WAS CHANGED FROM THE ORIGINAL SPECIAL EXEMPTION, UM, TO INCLUDE ALL THAT LANGUAGE OF

[00:40:01]

A SPECIAL EXEMPTION FOR A HANDICAP.

SO I THINK IN THE ORIGINAL REQUEST WE WERE JUST ASKING FOR THE A DU AND THEN THE SPECIAL EXEMPTION, FOUR SQUARE FOOTAGE TO BE INCREASED, UM, WHICH I BELIEVE IS WHAT YOU GUYS DISCUSSED.

BASICALLY REMOVING THE PROVISIONS OF THAT HANDICAPPED PERSON HAD TO BE LIVING IN HERE CURRENTLY, EVEN THOUGH IT'S NOT BUILT.

SO I THINK WHAT THE TWO APPLICATIONS WE HAVE IN FRONT OF US, THE TRUE REQUESTS ARE A SPECIAL EXCEPTION FOR THE HANDICAPPED TO THE SINGLE FAMILY USE REGULATION AND THEN A SPECIAL EXCEPTION FOR THE HANDICAPPED TO THE FLOOR AREA REGULATION.

SO WHEN I MADE THE ORIGINAL REQUEST, IT WAS A SPECIAL, I GUESS, OR A VARIANCE FOR AN A DU AND THEN IT WAS A SPECIAL EXEMPTION FOR AN INCREASED SQUARE FOOTAGE OF, SO I HAVE ON YOUR ORIGINAL APPLICATION A VARIANCE, UM, AUTHORIZING ADDITIONAL DRAWING UNIT FOR 1417 LEND AND A VARIANCE, UH, TO EXCEED 25%.

CORRECT.

UM, AND THEN APPLICATION IS, UH, MADE TO THE BOARD OF ADJUSTMENT IN ACCORDANCE WITH THE PROVISIONS OF DALLAS DEVELOPMENT CODE TO GRANT THE PRESCRIBED A DESCRIBED APPEAL FOR THE FOLLOWING REASONS TO PROVIDE AN AFFORDABLE HOUSE, AN ADDITIONAL DWELLING UNIT FOR OLDER SENIOR FAMILY MEMBER NOT TO BE USED FOR RENT.

SO YOU'RE CORRECT ON THIS APPLICATION, THERE IS NOTHING HERE REGARDING HANDICAP, BUT FOR WHATEVER REASON HERE WE HAVE THE HANDICAP PROVISION IN BOTH OF THE APPLICATION REQUESTS.

RIGHT.

THE ACTUAL APPLICATION THAT WE RECEIVED FROM THE APPLICANT DOES STATE THAT IT'S FOR A HANDICAPPED PERSON.

IT SHOWS SOME LANGUAGE ABOUT IT.

SO, SO THEN CAN, CAN WE HEAR THE CASE TODAY BASED ON, ON THE TWO REQUESTS, WHICH WAS, UH, A VARIANCE EXCEEDING 25%, UM, AND THEN ALSO ADDITIONAL DWELLING UNIT NOT FOR RENT HERE, THE, THE LANGUAGE WAS THAT THEY ASKED US TO WRITE A REASON FOR THE SPECIAL EXEMPTION OF THAT INCREASED SQUARE FOOTAGE OF I THINK ABOUT 50 SQUARE FEET.

AND, AND YOU FOLLOWED UP, YOU MADE THIS APPLICATION ON NINE FOUR AND THEN ON 11 ONE YOU DID SAY YOU WANTED IT FOR A HANDICAPPED PERSON, THE SECOND LETTER RIGHT HERE.

AND, AND IN THAT LETTER WHEN, WHEN I TALKED TO DIANE, SHE SAID THE RIGHT TO REASON WHY YOU WANTED THE SPECIAL EXEMPTION.

AND I SAID WE DESIGNED IT TO HAVE A LITTLE LARGER BATHROOM SENIOR FOR HAND.

YEAH, YEAH.

IT DOESN'T INDICATE, UH, ABILITIES.

SO I GUESS THE QUESTION IS, HE'S, HE'S NOW SAYING HE DOESN'T WANNA HAVE THE COMPONENT OF HANDICAP SINCE WE NOTICED, UM, THE APPLICATION HERE IS FOR THAT.

CAN WE MAKE CASE CONCERN CAME WHEN YOU WERE ASKING THE QUESTION EARLIER, LIKE IF THE HANDICAP PERSON MOVE OUT, YOU KNOW, WILL THEY HAVE TO REVERT BACK? SO I THINK HIS CONCERN WAS LET'S NOT EVEN YEAH, IT'S OKAY IF YOU TAKE THAT OFF.

WE'RE TRYING TO CREATE IN THE EVENT THAT THE HANDICAP PERSON DOES MOVE OUT.

SO THERE, BUT ARE, ARE YOUR PLANS BA PLANS BASED ON SOMEBODY THAT TO RESIDE THERE THAT HAS A HANDICAP? NO, THE HOME ISN'T BUILT.

NOW WE'RE IN TALKS WITH THE BURRELL FAMILY THAT HAS A HANDICAPPED PERSON THAT WANTS TO BUY THE HOME, THAT HAS SOMEONE THAT IN THE FAMILY, BUT SINCE THEY, THEY CURRENTLY LIVE THERE.

I SEE.

WE DIDN'T WANT TO GO DOWN THAT PATH OF TRYING TO RESTRICT THAT HOME BECAUSE THEY DON'T ACTUALLY OWN THE HOME YET.

AND SO THAT'S WHY THE ORIGINAL REQUEST WAS JUST FOR THE A DU AND THE INCREASED WORK FOOTAGE.

SO CAN WE HEAR THIS CASE WITHOUT THE, THE HANDICAP COMPONENT OR DOES HE WE HAVE TO MODIFY IT AND RESUBMIT IT WOULD PROBABLY HAVE TO BE MODIFIED AND RESUBMITTED BECAUSE THERE ARE SPECIAL PROVISIONS.

SO WITH, UM, THE HANDICAP PROVISION, THEY'RE, THEY'RE ALLOWED TO JUST COME IN UNDER A SPECIAL ACCEPT TO ANY OF THE REGULATIONS OF THE DALLAS DEVELOPMENT CODE, UM, AND THE FEES ARE WAIVED.

I SEE.

SO IF WE REMOVE THOSE MODIFICATIONS, WELL IF WE REMOVE THE HANDICAP PORTION, THEN THEY WILL HAVE TO MODIFY THE APPLICATION AND PAY THE FEES.

OKAY.

SO I I'VE ALREADY PAID THE FEES ALREADY.

I THINK THE $1,200 FOR BOTH S THEY WERE GONNA BE REIMBURSED AND I ALREADY TOLD DIANE I DIDN'T WANT TO MODIFY THE REQUEST.

THERE WON'T BE.

SO I THINK WHAT SOUNDS LIKE IS GONNA HAPPEN IS YOU'RE GONNA HAVE TO RESUBMIT.

THERE IS AN OPPORTUNITY THOUGH THAT, OR YOU CAN MOD, MAYBE MODIFY, UM, IS HE GONNA HAVE TO RESUBMIT OR CAN YOU MODIFY?

[00:45:01]

OKAY, WE'RE TRYING TO FIND OUT.

OKAY.

IF, IF YOU DO HAVE TO RESUBMIT, I'M GONNA ENCOURAGE YOU TO ALSO FILE, UH, A ALSO A FEE WAIVER.

UM, BUT WE'LL, WE'LL, FOR TRYING TO FIGURE OUT IF WE JUST HAVE TO HOLD YOU OVER AND HEAR THE CASE WITH WITHOUT THE HANDICAP PROVISION OR IF YOU NEED TO REFILE WITH JUST YOUR OTHER REQUESTS WITHOUT THE HANDICAP BECAUSE THE HANDICAP PROVISION GIVES YOU, UM, A MORE ROOM, UH, TO NAVIGATE THE DEVELOPMENT CODE A LITTLE BIT MORE FLEXIBILITY THAN WHAT YOU MIGHT BE GRANTED IN THAT PARTICULAR PD OR ZONING DISTRICT.

YEAH, CORRECT.

AND I WE'RE, WE'RE TRYING TO FIGURE THAT OUT RIGHT NOW.

THAT'S OKAY.

IF, IF, IF I MAY, I THINK I'M READING THE TEA LEAVES HERE.

I THINK THAT THE LETTER THAT YOU GUYS, THAT THE APPLICANT SUBMITTED SORT OF EXPLAINING WHY THEY WANTED THE A DU WAS, WAS MORE OF AN EXPLANATION RATHER THAN A CHANGE IN THE APPLICATION.

AND I CAN ABSOLUTELY SEE WHY, WHY STAFF WOULD THINK THAT IT WAS YOU, YOU WERE CLARIFYING YOUR REQUEST.

AND I CAN ALSO READ IT AND SEE WHY THAT WAS NOT A CLARIFICATION OF YOUR REQUEST.

I DON'T, I I DON'T THINK, AND I DIDN'T ASK TO CHANGE IT.

RIGHT.

I THINK THE STAFF IS JUST VERY SENSITIVE TO MAKING SURE THOSE THAT HAVE DIFFERENT ABILITIES ARE, ARE, YOU KNOW, ARE ACCOMMODATED AS AS BEST AS POSSIBLE.

RIGHT.

SO I THINK WE TEND TO ERR ON THE SIDE OF CAUTION, BUT I THINK WE'RE, WE'RE CLEARING IT UP.

HOPEFULLY WE'LL FIGURE OUT WHICH DIRECTION WE GO.

OKAY.

I THINK, I THINK IN GENERAL THERE'S A LOT OF SUPPORT FOR WHAT YOU'RE DOING HERE.

ST.

PHILIP'S A GREAT SCHOOL.

WE'RE JUST TRYING TO FIGURE OUT, THAT WAS A BIG QUESTION IN TERMS OF WHAT THAT LOOKED LIKE WITH THAT VISION AND THAT DEED RESTRICTION.

I THINK WE'RE ALL JUST TRYING TO FIGURE OUT WHAT THE NEXT STEPS ARE.

OKAY.

THIS IS DIANA, I'M ONLINE.

UM, CAN I GO AHEAD AND SPEAK? YES, BUT YOU HAVE TO TURN YOUR CAMERA ON.

OKAY.

ONE SEC.

OKAY.

CAN YOU SEE ME? ARE WE GOOD? YES, WE CAN SEE.

UM, OKAY.

SO I, UM, AFTER OUR STAFF MEETING, IT WAS BROUGHT TO OUR ATTENTION THAT THIS WAS GONNA BE A, UH, FOR A HANDICAP UM, PERSON.

AND SO I SPOKE TO THE APPLICANT AND I TOLD HIM WHAT IT ENTAILED TO CHANGE IT.

UM, THE MAIN DIFFERENCE IS THAT THEY WOULD BOTH BE CONSIDERED SPECIAL EXCEPTIONS, NOT ONE VARIANCE AND ONE SPECIAL EXCEPTION.

UM, AND HE WENT AHEAD AND DECIDED TO CHANGE IT.

UM, AND HE SAID THAT HE WAS GONNA HAVE THE, UM, THE POTENTIAL HOME BUYERS ALSO BE INCLUDED IN THIS CASE.

UM, AND I HAVE THE EMAIL, I SENT HIM AN EMAIL STATING HOW THE LANGUAGE WAS GONNA READ AND HE AGREED WITH IT TO GO AHEAD AND LEAVE IT THAT WAY.

UM, SO, SO NOW, UM, HE'S WANTING TO CHANGE IT BACK TO KEEP IT AS A VARIANCE AND A SPECIAL EXCEPTION, WHICH WOULD BE FINE.

I DON'T SEE THE ISSUE WITH THAT.

UM, THE ONLY THING IS THAT WE WOULD NOT REIMBURSE HIM FOR THE FEES UNLESS HE WOULD COME BACK TO THE BOARD AND REQUEST A FEE WAIVER.

UM, BUT HE'S STILL WOULD HAVE TO MEET THE STANDARDS FOR A VARIANCE.

SO I GUESS NOW IN HIS PRESENTATION, IF HE COULD MEET THOSE, THAT MAY BE A POSSIBILITY FOR YOU GUYS TO STILL, YOU KNOW, LISTEN TO THIS CASE OR DECIDE ON THE CASE.

SO, SO THEN YOU'RE SAYING IF YOU HAVE A CASE TODAY, IT WOULD NOT BE TWO SPECIAL EXCEPTIONS TO BE ONE VARIANCE AND ONE SPECIAL EXCEPTION.

CORRECT.

IS THAT CORRECT? YES.

CAN WE DO, CAN WE DO THAT? CAN THEY? YEAH.

OKAY.

I THINK SHOULD WE, ONE SEC SECOND, WHY DON'T WE JUST TABLE THIS OR SOMETHING.

I'VE NEVER HAD TO STOP ONE HALFWAY THROUGH.

I THINK THEY'RE, BUT THEY'RE ALREADY ATERNITY ME, SO I THINK THEY HAVE TO CALL FOR A, WELL WE'RE DOWN A LAWYER SO I THINK WE NEED TO CALL FOR, UH, WE'RE JUST GONNA CALL FOR A FIVE MINUTE RECESS WHILE, UM, TERESA CARLISLE THE, UM, FOR SEC WELL CITY ATTORNEY, UM, UNTIL SHE COMES BACK.

SO IT'S ONE 50, WE'LL JUST RECESS FOR FIVE MINUTES.

WE'LL RECONVENE AT 1 55.

SORRY GUYS.

THANK YOU FOR YOUR TIME.

YEAH, I DON'T KNOW.

WE DIDN'T HEAR IT THAT WAY.

OKAY.

WE ARE RECONVENING IT IS 1:56 PM UM, WOULD THE BOARD ATTORNEY MIND GOING OVER THE VARIOUS OPTIONS WE HAVE IN REGARDS TO THIS CASE? PLEASE? IF THE APPLICANT CHOOSES TO CONTINUE AS A SPECIAL EXCEPTION TO THE HANDICAP FOR THE SINGLE FAMILY USE REGULATIONS INTO THE FLOOR AREA REGULATIONS, WE CAN CONTINUE.

OR IF THE APPLICANT WANTS TO CHANGE THE APPLICATION TO A VARIANCE, A REGULAR VARIANCE, THE FLOOR AREA REGULATIONS INTO A SPECIAL EXCEPTION TO

[00:50:01]

THE SINGLE FAMILY USE REGULATIONS, THEN YOU HAVE TWO OPTIONS YOU CAN EITHER DENY WITHOUT PREJUDICE SO THEN HE CAN REFILE WITH THE CORRECT APPLICATION.

OR WE COULD HOLD THIS CASE OVER FOR A MONTH AND FOR DIRECT STAFF TO RE-NOTICE IT AS A REGULAR VARIANCE GATES AND AS A REGULAR SPECIALIST SUBJECT CASE, OR IF WE APPLICANT DECIDES TO MOVE FORWARD AS OUTLINED IN THE HEARING TODAY, WE COULD MOVE FORWARD AND APPROVE IT OR DENY, BUT WE CAN ALSO PROVE BY MOVE, REMOVING THE HANDICAP POSITION.

CORRECT.

THAT SAYS A SPECIAL EXCEPTION EXPIRES WHEN A HANDICAP YES.

YEAH, YOU CAN REMOVE THAT AS WELL.

SO TECHNICALLY AS A PANEL WE HAVE THREE DIFFERENT OPTIONS.

CORRECT.

DOES EVERYBODY UNDERSTAND? SO MY QUESTION FOR YOU, THE APPLICANT IS WOULD YOU LIKE TO CONTINUE FORWARD AS YOU SUBMITTED, UM, AS A SPECIAL EXCEPTION WITH THE HANDICAP PROVISION OR WOULD YOU LIKE TO, UM, ALLOW, WOULD YOU LIKE TO HOLD OVER? UM, OR WOULD AND EVEN IF YOU HOLD OVER, WE CAN STILL DENY WITHOUT PREJUDICE.

WOULD YOU LIKE TO CHANGE IT TO A VARIANCE IN A SPECIAL EXCEPTION? THOSE ARE YOUR TWO CHOICES.

UM, I THINK ULTIMATELY I WANT TO MOVE FORWARD, BUT I WANT TO GO, I THINK WITH THE THIRD PATH WITH REMOVING THE HANDICAPPED VARIANCE.

THAT MAKES SENSE.

AND THAT THAT WILL HAVE TO PASS THE BOARD.

UM, BUT WE OKAY.

I, UM, ARE THERE ANY SPEAKER, OTHER SPEAKERS FOR THIS MS. NICOLE BUFFET? RAPHAEL HELLO BOARD.

MY NAME'S NICOLE RAFAEL 5 5 6 WENDY LANE.

UM, I'M HERE IN SUPPORT OF THIS PARTICULAR PROJECT.

I'M WORKING IN THE NEIGHBORHOOD, UH, I'M SORRY, I NEED TO SWEAR YOU IN.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, PLEASE PROCEED.

SURE.

YES.

I'M HERE IN SUPPORT OF THIS PARTICULAR PROJECT, UM, IN THE FOREST DISTRICT WITHIN THE, THE SEVERAL BLOCKS OF THIS HOME.

UM, THIS IS A VERY UNIQUE AND LOVELY NEIGHBORHOOD THAT IS, UM, MULTIDIMENSIONAL IN THAT YOU HAVE NOT JUST SINGLE FAMILY HOMES, YOU HAVE QUADPLEXES, YOU HAVE 20 UNIT, UM, APARTMENT MULTIFAMILY, 12 UNIT MULTIFAMILY TOWN HOMES ALL WITHIN A THREE BLOCK RADIUS IN THIS PARTICULAR SMALL HOME WITH FIT WITHIN THE CULTURE, WITHIN THE CLIMATE OF THE COMMUNITY.

BUT IT WOULD ALSO ALLOW, WITH THE ADDITIONAL SQUARE FOOTAGE WOULD ALLOW FOR THAT PERSON, THAT FAMILY MEMBER, IT'S, IT'S BEING LABELED AS A GRANNY FLAT.

UM, AND SO IN JUST THINKING ABOUT, UM, THOSE MEMBERS OF THE FAMILY WHO WILL BE LIVING INSIDE OF THE HOME, THEY WILL HAVE THAT ACCESSIBILITY WITHOUT, UM, ANY, UM, HINDER EXISTS.

AND SO I JUST WANTED TO, TO LEND MY SUPPORT FROM THAT PERSPECTIVE.

MS. LIAM.

UM, SO MY QUESTIONS ARE, UM, THE FIRST ONE IS THE INTENTION IS TO KINDA BE A HANDY, UH, A GRAINY FLAT THAT'S A LITTLE BIT MORE ACCESSIBLE.

RIGHT? UM, WILL IT BE THE SAME FAMILY LIVING IN BOTH THE A DU AND ON ON PREMISE SO IT WON'T BE KNOW WHAT IT'S NO, HE DOESN'T SOLVE IT.

WELL, LET'S ASK THE APPLICABLE OKAY.

THE INSPECTION, SORRY, THIS IS, THAT, THAT WAS THE LEGALITY ISSUE WE WERE TRYING TO NOT AVOID BECAUSE IT HASN'T BEEN SOLD YET.

THE PEOPLE ARE IN THE PROCESS OF GOING THROUGH THE LENGTHY A MI RESTRICTION PROCESS AT THE CITY OF DALLAS TO BUY THE HOME.

OKAY.

SO Y'ALL ARE, SO THE CITY OF DALLAS OWNS OR THEY'RE GETTING FINANCING THROUGH THE CITY? I'M SORRY? THERE'S A PARTNERSHIP WITH THE CITY OF DALLAS WITH FINANCING AND WITH ST.

PHILLIPS.

YES.

AND THE CITY OF DALLAS.

OKAY.

SO Y'ALL BASICALLY WORK WITHIN THE COMMUNITY TO PUT HOUSING WITH THOSE THAT NEED HOUSING AND WORK WITH THE CITY TO GET FINANCING FOR SUCH.

YES MA'AM.

SO YOU HAVE A TARGET FAMILY THAT'S INTENDED TO ADVISE, BUT YOUR THINGS ARE BEING TIED UP WITH FINANCING OF THE CITY.

WE HAVE A TARGET FAMILY WHO'S LOOKING AT BUYING IT AND THEY'RE GOING THROUGH THAT PROCESS TO BUY IT, BUT WE HAVE TO BUILD IT FIRST SURE.

BEFORE THEY CAN BUY IT, UH, BECAUSE OF HOW THE A MI RESTRICTION PROCESS GOES.

UM, AND SO THAT'S WHY WE FELT THAT IT WOULD BE SOMEWHAT OF A ISSUE BY TRYING TO RESTRICT IT OR GO THROUGH THAT PATHWAY.

SO IF Y'ALL BUILD IT, UM, ARE Y'ALL BUILDING IT TO BE HANDICAPPED EXCESSIVE, LIKE EXCESSIVE, UM, ACCESSIBLE? YES MA'AM.

THERE'S FIVE FOOT RADIUSES GRAB BARS IN THERE IN THE, AND THAT, THAT'S THE INTENT OF WHY IT'S A LITTLE BIGGER.

SO REGARDLESS IF THIS FAMILY BUYS IT OR NOT, Y'ALL ARE BUILDING, THE INTENT IS TO BUILD IT TO MAKE IT HANDICAPPED ACCESSIBLE, CORRECT? YES, MA'AM.

WHETHER A HANDICAPPED PERSON IS IN THERE OR NOT, THAT THAT IS THE INTENT OF WHY WE DESIGNED IT THAT WAY.

AND THEN DO Y'ALL DON'T INTEND

[00:55:01]

TO RENT THIS A DU OUT? NO, MA'AM.

SO IF WE WERE TO ACCEPT THIS, Y'ALL WOULDN'T BE OPPOSED TO US PUTTING A RESTRICTION WHERE IT'S NOT FORAL OR THE PRIMARY RESIDENT HAS TO RESIDE ON THE PROPERTY? SURE.

WE, IT'S ALL GONNA BE ONE, ONE INDIVIDUAL PERSON LIVING THERE OR ONE FAMILY.

IS THAT A NOT SOIS WITH AN A DU? IT'S NOT .

IT'S A REASONABLE CONDITION THAT YOU CAN ADD THAT.

OKAY.

UM, I, I KNOW Y'ALL'S WORK REALLY WELL.

I'VE DONE, I PARTNERED WITH TREK AND DID SOME STUFF WITH WE ALL OVER THERE AND I THINK Y'ALL ARE DOING GREAT WORK.

I UNDERSTAND WHAT YOU'RE ASKING FOR YOU JUST BECAUSE IT'S DEVIATING FROM WHAT THE INITIAL APPLICATIONS, I THINK SOME PEOPLE ARE HAVING A HARD TIME GETTING THERE WITHOUT HAVING THE KINDA, THE PROPER I'S DOTTED AND T'S CROSSED.

SO I THINK WE'RE JUST ASKING THE QUESTION HERE TO UNDERSTAND, UM, WHICH DIRECTION TO GO.

BUT I THINK IN GENERAL WE'RE IN SUPPORT OF WHAT Y'ALL ARE DO HERE.

WE'RE JUST TRYING TO UNDERSTAND IT COMES WITH THE, THE BIGGER PICTURE.

ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? UM, THIS, IT'S MAY NOT FOR, UM, FOR, I, SORRY, I DIDN'T CATCH YOUR NAME, BUT OUR SECOND, UM, SPEAKER, I DID HAVE A QUESTION FOR HER IF SHE COULD COME BACK UP.

HI THERE.

UH, THERE WAS A QUESTION I WANTED TO ASK BEFORE, UH, YOU WERE SEATED AGAIN, BUT, UM, YOU MENTIONED THAT THIS COMMUNITY IS MULTIDIMENSIONAL.

UM, AS FAR AS LIKE THE JUST KIND OF GOING FOR, UH, AGE DEMOGRAPHICS, WOULD YOU SAY THAT IF THIS PROJECT WERE TO GO FOR THIS, UM, UM, ACCESSIBLE A DU WERE TO BE CONSTRUCTED, THAT UM, THAT THERE'S, THAT THERE'S A, A NEED FOR THIS PARTICULAR TYPE OF DESIGN FOR THIS COMMUNITY, UH, TRYING TO GET AT.

UM, IS THERE LIKE A, DOES THE DEMOGRAPHIC SUPPORT THAT THERE ARE AGING, UM, IN PLACE SENIORS THAT COULD BENEFIT FROM THIS IF IT'S THIS FAMILY THAT'S BUILT FOR FUTURE FAMILIES? TO ANSWER YOUR QUESTION, YES, THERE'S A LARGE DEMOGRAPHIC OF SENIORS THAT'S IN THE COMMUNITY.

YOU HAVE SENIORS, YOU HAVE, UM, WORKING AGE INDIVIDUALS, YOU DO HAVE CHILDREN.

UM, AS IT RELATES TO THE SENIORS IN THE COMMUNITY, YOU'LL SEE A LOT OF THE OLDER HOMES OF THE SENIORS WHO ARE AGING IN PLACE THERE.

UM, A LOT OF THOSE HOMES ARE DILAPIDATED, SO THEY'RE, YOU KNOW, VERY, UM, UH, IN TERMS OF NEW PRODUCT OR RECENT PRODUCT IN THE AREA.

THERE, THERE'S AN INTERESTING MIX OF WHAT THAT LOOKS LIKE.

UM, SO WITH THIS PARTICULAR FAMILY, NOT THIS PARTICULAR FAMILY, BUT JUST EVEN THIS HOME OR THIS EVEN CONCEPT, WHAT IT WILL ALLOW IS THIS COMMUNITY TO BE A PART OF LIVING IN SOMETHING NEW AND NEWER AS WELL AS BRING THEIR FAMILY ALONG.

INSTEAD OF HAVING THE BIFURCATION OF THE FAMILY WITH THE CHILDREN AND THEN THE GRANDPARENT, YOU KNOW, THAT MAY RECENTLY HAD A STROKE AND HAVE THEIR OWN SPACE OR WHATEVER THE CASE MAY BE, IT ALLOWS FOR THE FAMILY UNIT TO STAY TOGETHER.

SO THAT'S CONCEPTUALLY, YOU KNOW, HOW WE SEE THIS PARTICULAR PROPERTY AS IT RELATES TO PRODUCT TYPE AND KEEPING FAMILIES NEAR EACH OTHER AND CLOSE TO ONE ANOTHER.

UM, ON THIS PARTICULAR BLOCK, THERE'S ONE, TWO, THERE ARE THREE ADDITIONAL NEIGHBORS ON THE SAME SIDE OF THE ROAD.

ONE OF THOSE FAMILY HAS BEEN IN THE COMMUNITY SINCE 1924 WHEN THE GRANDMOTHER PURCHASED A HOME.

AND SO THE NEIGHBOR, UM, THAT PARTICULAR NEIGHBOR HAS THE HOUSE NEXT DOOR, THE, THE, THE, THE RELATIVE THAT LIVES ON THE OTHER SIDE.

AND THEN OF COURSE THEY KNOW THEIR NEIGHBORS ACROSS THE STREET.

AND SO I WOULD SAY THE AVERAGE AGE WITH THIS PARTICULAR STREET IS PROBABLY ABOUT 58 OR SO.

AND SO YOU HAVE, YOU KNOW, IN THE FIFTIES TO THE SIXTIES.

AND SO WITH THAT, WHAT, WHAT THIS PARTICULAR HOME IS, IS REALLY IS A PERFECT FIT, BUT WHAT WE HAVE INSIDE OF THE COMMUNITY, BUT ALLOWING THOSE PEOPLE WHO ARE IN AND AROUND THE COMMUNITY OR WHO WANT TO COME INTO THE COMMUNITY TO HAVE ACCESS TO SOMETHING THAT'S NEWER.

UM, THE PARTICULAR, UM, INDIVIDUAL AS IT RELATES TO, UM, THIS HOME, UM, IS A MULTIDIMENSIONAL FAMILY, YOU KNOW, AND SO CONCEPTUALLY, YOU KNOW, WITH THE TAG NAME OF GRANNY PLAQUE, IT'S JUST THAT, YOU KNOW, HAVING THAT EXTRA SPACE, BUT ALSO ALLOWING THE FIT SAME WAY TO HAVE THEIR SANCTITY PRIVACY WITH EACH OF THEM.

THANK YOU FOR, UH, SHUTTING LIGHT AND UH, ACTUAL THE FACTS TOO AS TO WHAT THIS NEIGHBORHOOD AND MORE SPECIFICALLY, WHAT THE BLOCK LOOKS LIKE AS, YOU KNOW, THIS PROJECT MOVE FORWARD, UM, GIVING THE CONTEXT OF A AGING IN PLACE AND THEN THE, UM, THE, THE, THE NEED FOR, UH, MORE A D HOUSING THAT'S ACCESSIBLE FOR ALL PEOPLE.

MM-HMM .

ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? ARE THERE ANY OTHER SPEAKERS THERE? THERE WAS A LETTER SUPPORT.

MS. JULIE SECOND.

SECOND, YES.

MY NAME IS LEY

[01:00:01]

SARTON.

I LIVE AT 58 30 MEADOWS LANE IN DALLAS.

AND I, UM, THIS MORNING, UM, WE NEED TO SWEAR YOU IN .

AND DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I