[00:00:03]
GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT
[Board of Adjustments: Panel C on January 23, 2025.]
PANEL C.I'M HONORED TO SERVE AS THE ONE OF THE TWO VICE CHAIRS OF THE BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF PANEL C.
UH, TODAY IS THURSDAY, JANUARY 23RD, 2025 AT 1:03 PM WE HAVE A QUORUM, SO I HEREBY CALL THIS MEETING TO ORDER.
UM, PRESENT, UH, TO MY LEFT, UH, ARE JUDY P*****K, ROGER SAYING SOMETHING.
RODNEY MILLIKEN AND ANDY FINNEY, UH, TO MY RIGHT, UH, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY THERESA CARLISLE, DR.
CAMIKA MILLER HOSKINS, WHO IS OUR BOARD ADMINISTRATOR AND CHIEF PLANNER AND MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.
WE HAVE BRYANT THOMPSON, WHO IS A SENIOR OWNER, NOR ESP SENIOR
UM, BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR.
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 EACH USE IS PRESUMED TO BE A LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE IN THIS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING ON OUR WEBSITE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THESE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY, MS. WILLIAMS, WHEN YOUR CASE IS CALLED, THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
UH, APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR THE REVERSAL OF A BUILDING, UH, OFFICIAL REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
UH, ALL OTHER MOTIONS ARE PROCEDURAL AND REQUIRE A MAJORITY VOTE.
UH, LETTERS TO THE BOARD ACTION TODAY WOULD BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER ADVANCE IN ADVANCE WITH OUR BOARD SECRETARY OR DO IT NOW.
UM, EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK IN THE PUBLIC TESTIMONY PERIOD FOR A MAXIMUM THREE MINUTES OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING, UM, WHERE THE APPLICANT WILL BE GIVEN FIVE MINUTES, OPPOSITION FIVE MINUTES.
THE APPLICANT WILL HAVE A FIVE MINUTE, UM, REBUTTAL.
IF WE NEED EXTRA TIME, DON'T WORRY.
WE WILL GIVE IT, UH, AND WE'LL GIVE IT EQUITABLY.
UH, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING IS ALLOWED.
ALL COMMENTS WILL BE DIRECTED TO THE PRESIDING OFFICER, UH, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
MAY, UH, IS IT POSSIBLE YOU CAN MOVE JUDY UP? I'M NOT REALLY SURE WHAT SHE MEANS.
UM, SO LOOKING AT THE AGENDA, WE'LL COME BACK TO THE, TO THE MINUTES.
UH, WE HAVE TWO CASES ON CONSENT, ONE THAT WE HAVE TO REMAND AND ONE THAT WE'RE GONNA HEAR.
UH, IF YOU ARE THE APPLICANT WELL TO BE, ARE THERE ANY SPEAKERS, UH, AGAINST, UH, 2 6 3 5 PENNSYLVANIA AVENUE OR 5,000 EAST SIDE AVENUE? IF THE APPLICANTS OF EACH OF THOSE CASES ARE HERE, UH, THE BOARD IS INCLINED TO GRANT THE REQUEST YOU'VE MADE.
IF YOU DON'T WANT WHAT YOU ASKED FOR, NOW IS THE TIME TO TELL US.
UM, DO I HAVE A MINUTE, UH, UH, UH, A MOTION ON OUR MINUTES FROM OUR LAST MEETING? MR. YES.
I PROPOSED THE MINUTES FROM LAST MEETING ON, WAS IT DECEMBER 16TH? FEELS RIGHT, DECEM.
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2024.SO, FINN'S MOTION AGNE SECONDS.
UH, ALL IN FAVOR, PLEASE SAY AYE.
UM, IS THERE A MOTION FOR CONSENT AGENDA VICE YOUR A, A MOTION? UH, WE'RE GONNA, UH, IN FACT, LET ME, LET ME STOP.
LET'S, UH, I'M, I'M SKIPPING SOMETHING.
UH, ARE, UH, MS. WILLIAMS, ARE THERE SPEAKERS, UH, FOR OUR PUBLIC HEARING PART OF THIS PUBLIC SPEAKING PART OF THIS HEARING? NO SPEAKERS FOR PUBLIC TESTIMONY REGISTER.
NOW, IS THERE A MOTION FOR OUR CONSENT AGENDA? VICE CHAIR? I CAN GRAB A SECOND MOTION.
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 RE RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL REQUIREMENTS IN THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WBDA 2 4 5 DASH 0 0 5 APPLICATION OF ROOT.
SO SOLAR SONO REPRESENTED BY SHE RAY JWE JAWAD FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO FOLLOW CONDITIONS.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED, AND IN THE CASE OF VDA 2 3 4 1 4 9 APPLICATION OF ROB BALDWIN FOR VARIANCE, THE FRONT YARD SETBACK REGULATIONS CONTAIN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I SECOND THE MOTION, UH, MS. P*****K SECONDS.
UM, MS. WILLIAMS, WILL YOU CALL THE ROLE MS. P*****K? AYE.
MOTION TO GRANT PASSES? FIVE TO ZERO.
UM, IN THE CASE OF BDA 2 3 4 DASH ONE, SORRY.
YEAH, WE'RE, WE'RE THE ONES WHO ALWAYS GET MOVED ON HOLIDAYS, I THINK 19.
IN, IN, IN THE CASE OF BDA 2 3 4 DASH 1 15 5, UH, 9 2 9 BROOKWOOD DRIVE, UH, WE ARE UNABLE TO HEAR THIS CASE.
UH, SO I MOVE THAT THE BOARD OF ADJUSTMENT IN CASE BDA 2 3 4 DASH 15 FIVE HOLD THIS CASE UNTIL FEBRUARY 19TH, 2025 AND ASK THE BOARD SECRETARY TO REMAND THIS CASE TO PANEL B OF THE BOARD OF ADJUSTMENT.
FOR THE BENEFIT OF THE RECORD, WE HAVE TO DO THIS BECAUSE PANEL B HEARD A FEE WAIVER ON THIS ADDRESS AND, UH, OUR RULES STATE THAT ONCE AN ADDRESS HAS BEEN HEARD BY A PANEL, IT MUST BE HEARD BY THE SAME PANEL.
SO THIS PANEL, UH, DOES NOT HAVE THE AUTHORITY TO RULE ON IT, SO THAT'S WHY WE DID IT.
MS. WILLIAMS, MS. P*****K AYE.
MRS. HAS AYE MR. MILLIKEN? AYE.
MOTION TO HOLD PASSES? FIVE TO ZERO.
UM, I'LL CALL THIS CASE AND, UH, MR. MILLIKEN, SO YOU, UH, GO WELL, DAVID ATTORNEY OKAY.
NO POINT IN GETTING AN ABSENCE AFTER
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WELL, OKAY.SO, BDA CASE BDA 2 3 4 DASH 1 4 6 3 2 2 6 LONGVIEW AVENUE.
MS. WILLIAMS, WILL YOU, UH, SWEAR SPEAKERS IN AND, UH, IF, IF YOU ARE HERE TO SPEAK EITHER FOR OR AGAINST THIS CASE, PLEASE BE SWORN IN NOW, MR. RAUL CORTEZ? YES, MA'AM.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS.
UH, RAUL CORTEZ GARCIA, 32 26 LONGVIEW AVENUE, DALLAS, TEXAS 7 5 2 2 7.
UM, MS. WILLIAMS, UH, IS GOING TO DO A PRESENTATION FOR ME.
YEAH, IF YOU COULD PLEASE WHO'S DOING.
AND, UM, TO PREFACE, UH, WHAT, UH, MR. FINNEY WAS ASKING, UH, EARLIER, UH, PARTIALLY WE ARE ASKING FOR US TO BE ABLE TO, TO LEAVE THE FENCE UP OR FOR YOUR FORGIVENESS FOR HAVING BUILT IT, UM, WHEN YOU'RE SEEING THE DOCUMENTS OR SEE THAT THERE'S A BREAK IN TERMS OF THE DATES ON THERE.
UH, WHAT ESSENTIALLY HAPPENED IS WE STARTED, UH, WITH THE PROCESS AND THEN WHEN WE WENT, UH, DOWNTOWN TO GET SOME OF THE PAPERWORK, THEY, WHEN SOMEBODY THERE TOLD US THAT WE NOT, DID NOT HAVE TO ACTUALLY GET A PERMIT, THAT IT WAS PERFECTLY FINE THAT THEY DIDN'T SEE LIKE THE CITY OF, UH, DALLAS DIDN'T HAVE ANY OPPOSITION TO IT.
BUT THEN WE STOP AND THEN WE BUILD IT.
UM, AND, UH, WE BASICALLY SAW OUR NEIGHBORHOOD AND WE SAW A LOT OF FENCES THAT ARE THE STATEMENTS.
SO WE DIDN'T THINK MUCH OF IT.
IT WAS UP UNTIL OUR NEIGHBOR, UH, MADE A, UH, A COMPLAINT, WELL, SEVERAL COMPLAINTS.
IT WENT ALL THE WAY TO THE SUPERVISOR OF THE CODE COMPLIANCE.
AND THAT'S BASICALLY WHAT ENDED UP US HERE HAVING TO, YOU KNOW, REQUEST THIS.
THIS IS BASICALLY JUST, UH, THESE SLIDES ARE GOING TO SHOW THE FENCES THAT ARE ABOUT A FOUR BLOCK RADIUS OR SO, FOUR TO FIVE BLOCK RADIUS FROM WHERE WE LIVE, OF THE FENCES THAT WE, THAT ARE ARE, UH, WHICH ARE ALMOST IDENTICAL TO WHAT OURS IS.
UM, THIS FIRST SLIDE, UH, IF YOU COULD GO BACK A LITTLE BIT ON BUILDINGS, UM, IT'S BASICALLY, THIS IS OUR HOME.
THIS IS A FENCE THAT YOU'RE SEEING ON THE LEFT SIDE, THE, THE WOODEN FENCE.
UH, THERE WAS AN EXISTING FENCE ON THERE THAT WASN'T, UH, PROTRUDING ALL THE WAY TO THE SIDEWALK.
IT ACTUALLY WAS SET BACK, UH, AT THE SAME HEIGHT OF WHERE THE, UH, THE GARAGE DOORS, UH, START.
AND SO WE JUST KIND OF EXTENDED IT.
UM, THERE'S A, AN ACTUAL, UH, ELEMENTARY SCHOOL AROUND, UH, THE, THE CORNER WHERE WE LIVE.
AND AS YOU CAN TELL, WE HAVE A VERY SHADED AREA.
AND SO OUR BLONDE IS BEING USED BY STUDENTS AND FAMILIES AND STUFF WAITING FOR THEIR KIDS TO COME OUT AND ALL THAT FUN STUFF.
AND SO WE FOUND STUFF ON THERE THAT SHOULD NOT BE THERE, THAT WE DID NOT PLACE THERE, UM, WHICH WE DIDN'T WANNA STEP ON.
WE DIDN'T WANT OUR DOGS TO BE EXPOSED TO.
SO THIS IS WHY WE'RE DOING THIS.
UM, AND SO YOU, YOU'LL ALSO SEE THAT THERE'S THIS, UH, THE, BASICALLY THE, UM, THE CURB IS ABOUT SEVEN INCHES.
THE SIDEWALK IS FOUR FEET, AND THAT GRASSY AREA IS ABOUT EIGHT FEET.
AND SO ON THESE OTHER, UH, EXAMPLES, YOU'RE NOT GOING TO SEE A LOT OF 'EM DON'T HAVE SIDEWALKS, BUT THE, BASICALLY THEY, THE, UH, THE FENCE TO THE STREET IS ABOUT THE SAME, UH, WIDTH.
UM, IF YOU CAN GO TO THE, THIS FOLLOWING SLIDE, YOU'LL NOTICE THAT IT, THIS IS JUST GOING DOWN THE STREET FROM WHERE WE LIVE.
UM, THE LITTLE RED AREA IS MARKS ON THE, ON THE MAP SHOWS WHERE OUR HOME IS IN RELATION TO THIS HOME WHERE IT'S POINTING.
UM, AND YOU'LL SEE THE FENCE THERE EXACTLY THE SAME.
UM, AND AGAIN, IT JUST REPEATS WHERE WE, YOU KNOW, THAT'S NOT SHOWING, UH, THE LAWN AND ALL THAT OTHER FLOOD STUFF THAT WE HAVE ON OUR SIDE, RIGHT ACROSS THAT SIDE.
IF WE GO TO THE NEXT SLIDE, THERE'S ANOTHER, EXCUSE ME, UM, MR. SI JUST WANNA, UM, ASK A QUESTION.
STAFF, YOU, COULD YOU GO BACK ONE SLIDE PLEASE? MAN, IT'S LOUD.
OH, SO LOOKING AT THIS ONE, THIS ONE EXAMPLE HERE, I, I, I THINK THE CASE IS THIS, THIS FENCE IS NOT IN THE SETBACK, SO THEY CAN BE HIGHER.
WHY WOULD WE STAY? IT'S STILL AT CORNER LOT, LOT THAT IT'S A CORNER LOT.
UM, AND I'M NOT SURE
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ADJACENT STREET MAY HAVE BEEN CONSIDERED A SIDE YARD.OH, DOOR BE, BUT, BUT I'M NOT ONE, THIS IS AN ASSUMPTION.
AND THIS IS FACES EL MAR AND MANGER, WHICH IS, AGAIN, IT'S JUST ON THE STREET, RIGHT ACROSS FROM, FROM THAT SIDE.
UH, THAT OTHER HOUSE, UH, A YEAR AGO, OR I WOULD SAY FIVE YEARS AGO, I'M SORRY, IN 2018, THERE WAS, YOU CAN SEE ON THE BOTTOM LEFT HAND SIDE, THERE WAS NO FENCE.
YOU'LL NOTICE IT'S A MIRRORMAKER.
IT'S JUST RIGHT ACROSS THE STREET.
UM, IF YOU WERE TO PUT THE CURB AT THE EIGHT FEET OF OUR, UH, SIDE YARD PLUS THE SIDEWALK, IT'S ACTUALLY, UH, THAT'S ACTUALLY CLOSER TO THE STREET THAN OUR HOUSE.
UH, BUT IDENTICAL FENCE, SIX FOOT FENCE.
UM, IF YOU GO TO THE NEXT SLIDE, I KNOW I DON'T HAVE TOO MUCH TIME TO TALK, BUT THE SAME THING.
YOU'LL NOTICE ALMOST
WE'RE, WE'RE, WE'RE NOT GONNA HOLD.
AND, AND ALSO OUR, UH, TIME ANSWERING OUR QUESTIONS DOES NOT COUNT AGAINST YOUR TIME.
AND, UH, YOU'LL NOTICE SAME THING, THE FENCE, UH, IS PROTRUDING OUT, UH, BEYOND WHERE THE, THE GARAGE DOOR STARTS.
UM, BUT THE SAME THING, YOU'LL NOTICE SAME, SAME FENCE.
UH, AND AGAIN, THAT'S JUST RIGHT AROUND THE CORNER.
IF YOU GO TO THE FOLLOWING SLIDE, UH, THE SAME THING.
THERE'S RIGHT BY THE ALLEY, THERE'S A FENCE, WHICH IS SAME THING, PROTRUDING, UH, SAME OPACITY, SAME EVERYTHING AS OUR FENCE.
UM, AGAIN, UH, YOU'LL SEE THE RELATION WHERE OUR HOME IS TO WHERE THIS HOUSE IS.
IT'S ALL WITHIN THE SAME FOUR BLOCK RADIUS.
IF YOU KEEP GOING, YOU'LL NOTICE THERE'S YET ANOTHER ONE, UH, JUST ON THE STREET.
IT'S UP TO THE SIDE AGAIN, AM MIRROR.
UM, YOU HAVE THE, IT'S THE CORNER LOT FACES, YOU KNOW, TWO, IT'S, IT'S THE SAME SCENARIO AS OUR HOME.
UM, IF YOU GO TO THE NEXT ONE, IT'S SAME SCENARIO, YOU'LL SEE IT'S JUST RIGHT FROM THE RIGHT DOWN.
UH, RIGHT ACROSS FROM THAT, THAT HOME THAT I SHOWED YOU RIGHT NOW, UM, IT'S PRO OFF TO THE SIDE.
UM, SAME THING, SAME OPACITY, SAME HEIGHT.
UM, YOU'LL NOTICE THIS HOUSE AGAIN, SAME THING.
YOU'LL SEE THE RIGHT, UH, IT'S BASICALLY TWO ANGLES OF THE SAME, SAME HOUSE.
THIS IS QUITE LITERALLY ALMOST A MIRROR IMAGE OF OUR PROPERTY, UH, WHERE YOU HAVE THE, THE TWO STREETS, UH, WHERE IT SITS IN THE CORNER LOT.
UM, MAYBE YOU KEEP MOVING FORWARD.
SO IT'S, IT, I, THERE'S ABOUT, I BELIEVE I DID ABOUT 10 DIFFERENT HOMES, UH, THAT ARE BASICALLY, WE KEEP GOING THROUGH THE SITES.
UH, WE COULD HAVE GONE OUT FOR AN EXTENDED VERSION OF THIS, BUT AGAIN, WE DON'T WANNA TAKE YOUR TIME 'CAUSE I KNOW THAT YOU GUYS ARE SUPER BUSY IN WHAT YOU DO, WHICH WE DO APPRECIATE ALL THAT YOU DO AND WHAT YOU DO FOR THE CITY OF DALLAS.
AND SO WE'RE NOT REALLY ASKING FOR TOO MUCH.
IT'S NOT SOMETHING THAT IS OUT OF THE NORM FOR OUR NEIGHBORHOOD.
SOMETHING THAT YOU GET TO SEE PRETTY STANDARD AS YOU'RE DRIVING AROUND OUR PROPERTY OR, OR JUST OUR NEIGHBORHOOD.
UM, AND SO THAT'S WHY WE'RE ASKING TO, TO PLEASE ALLOW US TO KEEP IT UP.
UH, WE'VE ACTUALLY ADHERED TO, UH, THE, UH, THE TRIANGLE.
AND SO FROM THE ALLEYWAY, YOU'LL GET TO SEE WHERE, UH, IN THE IMAGES THAT WE'VE SHOWN PREVIOUSLY THAT IT'S, IT, UH, IT ALLOWS FOR, FOR THAT, UH, VISIBILITY TRIANGLE, UM, WHICH SOME OF THESE HOMES DO NOT.
AND SO EVEN ON THAT, WE'RE, WE'RE, UH, WE TRY TO DO OUR BEST TO STAY ABREAST OF THE, THE REGULATIONS AND SUCH.
UM, UNFORTUNATELY, AGAIN, WHEN I'VE DONE MY RESEARCH, I DID NOT KNOW THE SPECIFIC WORDS OF WHAT TO LOOK FOR.
UM, I'VE LEARNED THROUGH MY YEARS OF SCHOOLING THAT SOMETIMES IF YOU DON'T HAVE THAT PARTICULAR WORD THAT YOU KNOW YOU'RE SUPPOSED TO SEARCH FOR, THE STUFF DOES NOT COME UP.
UM, AND STUFF LIKE EXCEPTIONS, UH, HAVING TO DO WITH HOMES, THAT'S NOT SOMETHING THAT CAME TO MIND.
UM, BECAUSE I'M NOT, THIS IS OUR FIRST HOME HERE IN DALLAS.
UH, WE JUST PURCHASED IT ABOUT A YEAR AND A HALF AGO.
AND SO WE'RE NEW TO THE, THE BUYING THE HOME HERE.
WE'RE NEW TO, TO THE CITY, LIKE THE, THE NEIGHBORHOOD.
AND SO THAT'S WHY WE STAND WHERE WE STAND.
AND SO THAT'S WHERE WE'RE ASKING FOR YOU TO, UM, ALLOW US TO, TO ALLOW US TO HAVE THE FEDS, YOU KNOW, TO PROTECT OUR, OUR, OUR HOME AND OUR, OUR FAMILY, OUR, OUR DOGGIES, AND, YOU KNOW, TO APPROVE THE, THE REQUEST.
ARE THERE ANY QUESTIONS, MR. LIN? JUST, UH, A FEW COMMENTS.
SO, UM, THANK YOU MR. GARCIA, FOR YOUR PRESENTATION.
UM, I DO JUST WANNA POINT OUT THE FACT THAT MOST OF THE INSTANCES THAT YOU, THAT YOU SHOWED US IN YOUR NEIGHBORHOOD OF SIMILAR CONDITIONS, THEY'RE SIMILAR, BUT THEY'RE NOT THE SAME.
UM, BECAUSE YOUR SITE, UM, YOUR HOUSE IS WHAT
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IS OFTEN CALLED A KEY LOT, WHICH MEANS IT SITS PERPENDICULAR TO AN ENTIRE BLOCK OF HOUSES, UH, THAT ARE ORIENTED IN A, IN A DIFFERENT DIRECTION.UH, WHICH MEANS THAT YOUR SIDE YARD SETBACK IS EQUAL TO THE FRONT YARD SETBACK OF THE NEIGHBORS BEHIND YOU.
UM, AND SO, UM, BUT ASIDE FROM THAT, SO, YOU KNOW, THAT'S WHY WE'RE HERE.
THAT'S WHY YOU'RE REQUESTING A VARIANCE.
UM, YOU KNOW, IT IS CLEAR THAT, UM, YOU KNOW, MR. GARCIA WAS INCORRECTLY TOLD THAT IT WAS OKAY TO BUILD THIS FENCE.
UM, AND, UH, I HAVE NO REASON NOT TO BELIEVE HIM.
UM, I THINK IT'S ALSO IMPORTANT TO NOTE THAT HE DID FOLLOW, AS HE POINTED OUT, THE, THE VISIBILITY, UH, TRIANGLE REQUIREMENTS, UH, AT THE ALLEY AND AT THE DRIVEWAY.
UM, AND, UH, UH, SO I DON'T SEE ANY, ANY EVIDENCE THAT THIS IS CAUSING, UH, A BURDEN, UM, OR HARDSHIP TO HIS NEIGHBORS.
UH, OTHER QUESTIONS? OKAY, THANK YOU, SIR.
UH, THERE ARE NO SPEAKERS IN OPPOSITION.
IS THAT TRUE? WELL, LET ME, ARE THERE OTHER SPEAKERS IN FAVOR? UM, HE IS NOT LINE.
ARE THERE SPEAKERS IN OPPOSITION? NO, THE SPEAKERS.
I, I, I THINK WE'VE HEARD YOU, YOU TECHNICALLY HAVE A REBUTTAL.
UH, UM, BUT I, I, I THINK YOU'RE, YOU ARE, YOU ARE.
IF, IF YOU'D LIKE TO REBUT YOURSELF OR SAY SOMETHING ELSE, THIS IS, UH, YOU, YOU CERTAINLY HAVE THE TIME.
UM, I, I'M NOT SURE WHAT I WOULD BE REBUTTING.
UM, I DON'T EITHER, BUT, UH, IT IS, WE PROMISED THE TIME, SO HERE IT IS.
NO, AND I, I DO APPRECIATE IT.
I APPRECIATE
I APPRECIATE YOUR PROFESSIONALISM AND THE WHOLE PROCESS.
I APPRECIATE THE MEMBER WHO HAD TO RECUSE THEMSELVES.
UH, AGAIN, EVERYTHING, IT'S, UH, HAD I KNOWN AGAIN, UH, THINGS WOULD'VE BEEN DONE DIFFERENTLY FROM THE BEGINNING AND, YOU KNOW, BUT AGAIN, UH, HOPEFULLY IT, UH, I, AGAIN, I IT JUST SHOWS THAT I'M, UH, IGNORANT TO THE SPECIFICS IN TERMS OF THE NEIGHBORHOOD.
I DIDN'T KNOW THAT, UH, IT'S CONSIDERED DIFFERENTLY, UH, BECAUSE AGAIN, UH, THE OTHER HOMES, SOME OF THE, ONE OF THE OTHER HOMES, IT'S LIKE THE MIRROR IMAGE OF, OF WHAT WE HAVE.
UM, SOME OF THE STREETS ARE MAYBE NOT AS, UH, BUSY AS OTHERS.
I DON'T KNOW IF THERE'S DIFFERENT REGULATIONS IN TERMS OF THE STUFF THAT I WAS SHOWN BY CO COMPLIANCE THAT WASN'T INCLUDED IN THAT.
SO I COULD ONLY GO OFF OF WHAT, WHAT I WAS ABLE TO FIND.
UM, BUT AGAIN, I JUST, I APPRECIATE YOU GUYS TAKING THE TIME TO, TO LISTEN TO US.
UH, WE APPRECIATE YOU TAKING THE TIME TO PUT THE PRESENTATION TOGETHER.
IT'S THOROUGH AND, UH, MAKES IT EASY.
AND THANK YOU FOR, UH, THANK YOU FOR, UH, BEING HERE.
UH, ANY OTHER QUESTIONS OR, OKAY.
IS THERE A MOTION VICE TO, UH, MR. VICE CHAIR? I'D LIKE TO MAKE A MOTION.
MR. UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 1 46 WHEN THE APPLICATION OF RAUL CORTEZ GARCIA GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT OR, AND OR MAINTAIN A SIX FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? SINGTON SECOND.
SO, MR. FINNEY'S MOTION SECONDED BY SINGTON DISCUSSION.
I MEAN, I, I COULD ECHO EVERYTHING I JUST STATED.
BUT I THINK IT'S VERY CLEAR THAT, UH, THE FENCE DOES NOT ADVERSELY AFFECT HIS NEIGHBORS.
THANK YOU FOR YOUR THOROUGH PRESENTATION, MS. WILLIAMS. MS. P*****K? AYE.
MOTION PASSES TO GRANT FOUR TO ZERO.
SO, UH, FINAL ORDER OF BUSINESS? WE, UH, YEAH, ONE MORE OPACITY.
IS THERE A SECOND MOTION? GOOD CATCH.
I WOULD LIKE TO, UH, MAKE A MOTION.
MR. SINGTON WAS PUSHING ONE THIRD.
SO I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 1 46 ON APPLICATION OF RAUL CORTEZ GARCIA
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GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT HIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER.
THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH OPACITY EVENTS, LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND? SING SECOND.
ANY MOTION? SING SECOND DISCUSSION.
I MEAN, I THINK IT'S CLEAR THAT THE, THE APPLICANT DID EVERYTHING, UM, THAT HE KNEW TO DO, UM, TO, TO TRY TO FOLLOW THE, THE CITY'S CODES, AND THAT IS MORE THAN WE COULD ASK FOR.
SO I, I WOULD JUST SAY THE, THE, UH, THE DEFENSE IS AGGRESSIVE AND THE, THE LACK OF ITY GIVES IT THAT FEELING.
THE NEIGHBORHOOD IS GENERALLY PRETTY OPEN FROM WHAT I CAN TELL.
I, I'LL VOTE FOR IT, BUT I MEAN, I WOULD'VE VOTED FOR IT WHETHER IT WAS BUILT OR NOT, BUT, UM, I'M AT LEAST AWARE OF OPEN NEIGHBORHOODS BECOMING ENCLOSED ACROSS THE CITY, BUT I'LL VOTE FOR IT.
MR. CHAIR, AGNI, UM, JUST FOR MY OWN EDIFICATION, IF YOU COULD ELABORATE A LITTLE BIT FURTHER.
IF YOU COULD, IF YOU COULD JUST, UM,
IT'S, YOU WANNA, HOW ABOUT AMBITIOUS? I, I, YOU KNOW, RELATIVE WHEN YOU EVEN THE, THE OTHER FENCES, IT'S UP THERE, IT'S SOLID.
UH, YOU KNOW, THERE ARE OTHER FENCES.
UH, I UNDERSTAND THE NEED FOR IT.
IT'S NOT TRYING TO BE RIGHT UP ON IT, BUT IT, IT, IT HAS A FEELING WHEN, FROM WHAT I CAN SEE IN THE NEIGHBORHOOD, IT DOESN'T, IT, YOU KNOW, IT, IT, IT'S CERTAINLY THE EXCEPTION RATHER TO THE RULE.
UM, SO, SO I COME UP WITH SYNONYMS. SO, SO, SO WOULD IT, WOULD IT BE CORRECT IF I WERE TO DESCRIBE WHAT YOU, WHAT YOU ARE SAYING AS PROBABLY NOT AS IF I'M DRIVING DOWN THE STREET, DEFENSE COMES RIGHT UP TO MY CAR AND KIND OF IT FEELS LIKE IT'S ACCOSTING YOU.
IS THAT, IS THAT, IS THAT
IF YOU END UP ON THE LAWN, UH, YOU KNOW, I MEAN, IT'S CERTAINLY BEEN KNOWN TO HAPPEN.
I, IT DEPENDS ON WHERE YOU'VE BEEN BEFORE, MAYBE.
I JUST WANTED TO, UM, SEE IF I COULD FULLY UNDERSTAND WHAT YOU MEANT BY AGGRESSIVE.
UM, AND YOU KNOW, TO BE SURE THAT, UH, IN THE EVENT THE APPLICANT WHO BEING NEW TO THE CITY, UM, WERE TO, UM, CONSTRUCT ANOTHER FENCE AT ANOTHER HOME IN DALLAS, HE WOULD UNDERSTAND WHAT, UM, AN AGGRESSIVE FENCE WOULD, WOULD BE SYMBOLIC OF.
WELL, IF YOU WANTED MY OPINION, I WOULDN'T BUILD IT ANY BIGGER OR, OR MORE O OPAQUE.
DOES ANYONE HAVE ANY OTHER QUESTIONS? I'M SORRY, MR. GARCIA, I'M, UH, THANK YOU FOR YEAH, THIS IS, SORRY, YOU HAVE TO PUT UP WITH MR. SASHING AND ME.
THESE GUYS HAVE TO DO IT MONTHLY, SO, OKAY.
MS. WILLIAMS, WILL YOU CALL THE VOTE AGGRESSIVELY? MS. POLL? AYE.
MOTION TO GRANT PASSES? FOURTH TO ZERO.
UM, FINAL ORDER, UH, OF BUSINESS? MS. CARLISLE WILL NOT BE WITH US FOR A FEW MONTHS.
AM I ALLOWED TO SAY? I MEAN NO.
BUT WE, WE WILL MISS HER AND WE'RE, UH, I THINK WE'RE EITHER GONNA HAVE MS. DANIEL OR MATT, DEPENDING, SO, BUT SHE IS GONNA BE WORKING AND TELLING THEM WHAT TO SAY ROUGHLY.
YOU, UH, ESPECIALLY MR. FINNEY.
THANKS FOR BEING THE ALTERNATE AND BEING HERE.
WE, UH, WE, WE COULDN'T HAVE HEARD THAT LAST CASE.
UM, LIKE I SAID, WE, WE WERE NOT SCHEDULED TO MEET THIS MONTH AND WE THOUGHT WE HAD EIGHT CASES.
[00:30:01]
IF WE'D KNOWN, WE WOULD NOT HAVE CALLED THIS MEETING AND I WILL FIND A WAY TO GET US A DAY OFF.BUT ANYWAY, SO THAT SAID, IT'S, UH, 1:33 PM ON JANUARY 23RD, 2025 AND BOARD OF ADJUSTMENT PANEL C IS ADJOURNED.