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OKAY, GUYS, LET'S VIDEO'S ON GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENTS.
I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF TODAY'S PANEL A.
TODAY IS TUESDAY, FEBRUARY 18TH, 2025 AND IS 1:00 PM I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL A, UH, TO ORDER BOTH FOR IN-PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM OF FOUR OF OUR FIVE PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
UH, LET ME DO SOME INTRODUCTIONS AND THEN GIVE SOME PRELIMINARY COMMENTS.
AGAIN, MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE BOARD AND PRESIDING OFFICER.
TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, UH, TC FLEMING, MICHAEL OVITZ.
UH, AND JOINING US SHORTLY ONLINE IS ANOTHER MEMBER, JAYNER.
I'LL INTRODUCE HIM WHEN HE COMES ONLINE.
UH, TO MY IMMEDIATE RIGHT IS OUR PROFESSIONAL STAFF IS DANIEL MOORE, WHO'S THE ACTING, UH, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
KAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR, CHIEF PLANNING, AND OUR BOARD SECRETARY AND MEETING MODERATOR MARY WILLIAMS. BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS.
UH, MR. NERI IS NOW JOINING US, SO THAT MAKES THE FIFTH MEMBER OF OUR PANEL.
UH, BEFORE I, 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.
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 OTHER OTHERWISE INDICATED EACH USE IS PRESUMED TO BE LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY OUR STAFF TO THIS HEARING, UH, PRIOR TO THIS HEARING THIS MORNING AT 10 30.
AND I'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THEM FROM TODAY, UM, ON OUR WEBSITE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.
UH, THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRE 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMILAR MAJORITY VOTE.
SO A REQUEST FOR US TO ACT REQUIRES FOUR OF THE FIVE MEMBERS.
LETTERS OF TODAY'S BOARD ACTION TODAY FROM TODAY WILL BE MAILED TO THE APPLICANT BY THE MOR BOARD ADMINISTRATOR WITHIN TWO DAYS AFTER TODAY'S HEARING AND WOULD BE BECOME PART OF THE PUBLIC RECORD.
THOSE ARE CALLED DECISION LETTERS.
ANYONE, UM, DESIRING TO SPEAK MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
UM, FOR ANYONE HERE IF YOU'D LIKE TO SPEAK EITHER DURING PUBLIC TESTIMONY OR FOR YOUR CASE, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER.
MARY, WOULD YOU RAISE YOUR HAND AND YOU, SO ANYONE THAT IS HERE WITH US TODAY THAT WANTS TO SPEAK, NEEDS TO HAVE FILLED OUT A BLUE SHEET OF PAPER.
PLEASE MAKE SURE YOU DO THAT AND TURN THAT INTO OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER DURING OUR PUBLIC TESTIMONY PORTION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES OF PUBLIC TESTIMONY.
WHEN IT, WHEN THE, YOUR SPECIFIC CASE IS CALLED, YOU'LL BE ALLOWED FIVE MINUTES PLUS OR MINUS, AND THAT'S PLUS OR MINUS BECAUSE I WANT TO GIVE EVERYONE AN OPPORTUNITY TO TIME AND I'LL TREAT EVERYONE EQUALLY.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED.
ALL COMMENTS ARE DIRECTED TO THE PRESIDING OFFICER THAT'S MOA, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
MR. NARY, CAN YOU HEAR US CLEARLY? THANK YOU.
ALRIGHT, UH, LET ME PREVIEW OUR AFTERNOON AGENDA.
UH, WE HAD OUR, UH, STAFF PRESENTATION THIS MORNING OR BEGINNING OUR PUBLIC HEARING.
WHEN I FINISH THE PREVIEW, WE'LL DO PUBLIC TESTIMONY IF THERE'S ANYONE THAT IS SIGNED UP FOR PUBLIC TESTIMONY.
UH, AFTER THAT WE WILL DO A MISCELLANEOUS ITEM, WHICH IS REVIEW AND APPROVAL OF REMAINING MINUTES.
UH, I THEN WILL NEXT, UM, WE'LL, WE'LL DEAL WITH THE ONE CASE THAT IS UNCONTESTED FROM OUR BRIEFING THIS MORNING, WHICH IS MEADOW WOOD ROAD, 4 6 3 7 MEADOW MEADOW MEADOW WOOD ROAD.
AFTER THAT, I'M GONNA GO TO THE HOLDOVER CASE THAT BASED ON THE STAFF'S RECOMMENDATION, UH, THAT'S NO LONGER A LIVE, A LIVE CASE.
SO WE'RE GONNA, UH, THE CHAIR WILL ENTERTAIN A MOTION TO DENY WITHOUT PREJUDICE BECAUSE THEY HAVE MADE AN AGREEMENT WITH THE BUILDING INSPECTION AND WE'LL DISCUSS MORE OF THAT LATER.
THEN WE'LL DO THE TWO REMAINING CASES, CENTRAL EXPRESSWAY AND CHURCHILL WAY.
SO MEETING MINUTES, THEN, UH, EXCUSE ME, PUBLIC TESTIMONY, THEN MEETING MINUTES, THEN MEADOW WOOD ROAD, THEN EGIL STREET,
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THEN CENTRAL EXPRESSWAY, THEN CHURCHILL WAY.THAT'S THE ORDER OF OUR AGENDA TODAY.
ANY QUESTIONS? UH, EACH BOARD MEMBER HAS BEEN GIVEN A PACKET THAT IS A, A ANNUAL REPORT FROM THE DEPARTMENT OF, UH, PLANNING AND DEVELOPMENT.
UH, MR. NERI WILL GET YOU THIS IN YOUR NEXT TIME IN WITH US.
UM, ON PAGE NUMBER 33 0 IS AN ICE PAGE TALKING ABOUT THE BOARD OF ADJUSTMENT AND THE 200, UH, CASES THAT WE HANDLED LAST YEAR.
UH, LIST BOARD MEMBERS AND SO FORTH.
AND ALSO, UM, TALKS ABOUT OUR SCOPE AND OUR RESPONSIBILITY.
SO I APPRECIATE THAT FROM MS. EMILY LULE, THE DIRECTOR OF PLANNING AND DEVELOPMENTS.
I'M ON THE AGENDA IS OUR PUBLIC TESTIMONY.
MS. BOARD, UH, SECRETARY, DO WE HAVE ANY REGISTERED SPEAKERS? NO REGISTERED SPEAKERS, SIR.
SO THE NEXT ITEM ON OUR AGENDA IS MISCELLANEOUS ITEMS. IT'S OUR MEETING MINUTES.
UH, FROM JANUARY 21ST, THE CHAIR WOULD ENTERTAIN A MOTION.
MS. DAVIS, I, I, UH, MOVE TO APPROVE THE MEETING MINUTES FROM JANUARY 21ST, 2025.
A MOTION HAS BEEN MADE BY MS. DAVIS TO APPROVE THE BOARD OF ADJUSTMENT PANEL A MEETING MINUTES FROM JANUARY 21ST, 2025.
IS THERE A SECOND? SECOND, SECOND BY MR. HOVIS DISCUSSION ON THE MOTION? NO, NO DISCUSSION ON THE MOTION.
MOTION CARRIES FIVE TO ZERO MEETING MINUTES FROM JANUARY 21ST, 2025 ARE APPROVED AS PRESENTED.
NEXT ITEM ON THE AGENDA IS THE ONE, UM, CASE THAT IS UNCONTESTED FROM THE BRIEFING THIS MORNING.
UH, THIS IS BD 2 4 5 0 1 6 2 4 FIVES AT 0 1 6.
UM, AT 4 6 3 7 MEADOW WOOD ROAD, THE CHAIR OF ENTERTAIN A MOTION.
MR. KOBI, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATION SET BY ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO IT IN CASE OF BDA 2 4 5 DASH 0 1 16 APPLICATION OF ROB BALDWIN FOR A SPECIAL EXCEPTION TO FENCE HEIGHT REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION, COMPLIANCE WITH PIPE AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BDA 2 4 5 DASH 0 1 6.
MR. HOPKOS HAS MOVED TO GRANT.
IS THERE A SECOND? SECOND SECONDED BY MS. DAVIS.
ANY DISCUSSION ON THE MOTION? NO DISCUSSION ON THE MOTION.
THE BOARD SECRETARY WILL CALL FOR A VOTE.
THE MOTION ON THE FLOOR IS TO GRANT 2 4 5 0 1 6 MS. BOARD SECRETARY MS. DAVIS? YES.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER, BDA 2 4 5 DASH 16, THE BOARD OF ADJUSTMENT BY UNANIMOUS VOTE FIVE TO ZERO GRANTS THE REQUEST.
YOU'LL GET A DECISION LETTER FROM OUR BOARD ADMINISTRATOR WITHIN TWO DAYS.
THE NEXT ITEM ON OUR AGENDA IS BDA 2 45 DASH ONE BDA, 2 4 5 DASH ONE.
UM, MS. BOARD ADMINISTRATOR, UM, IF YOU WOULD REPEAT TO THE, FOR THE RECORD OF THE HEARING THIS AFTERNOON, UM, FOR THE RECORD THIS AFTERNOON, WHAT YOU TOLD US THIS MORNING, AND THEN SINCE IT'S A CALLED HEARING, I NEED TO GIVE THE APPLICANT AN ANY OPPOSITION AT THE, UH, OPPORTUNITY TO SPEAK IF THEY SO CHOOSE.
BUT I FIRST WANT YOU TO TELL US ABOUT WHAT THE STATUS OF 2 4 5 0 1 1, UM, DDA.
UM, THE APPLICANT HAS MET WITH OUR RESIDENTIAL TEAM AND HAS MADE MODIFICATION TO THE ROUTE THAT HAS SINCE BEEN APPROVED.
READ THE PERMIT NUMBER INTO THE RECORD? YES, I WILL.
UM, THE MODIFICATIONS TO THE ROOF WERE APPROVED UNDER PERMIT NUMBER 2 5 0 1 3 1.
SO BY VIRTUE OF THAT, THAT, UM, BY VIRTUE OF THAT, THAT, UM, NEGATES THE NEED FOR US TO ACT? THAT'S CORRECT.
SO BECAUSE THERE'S NO REALLY NO LONGER A LIVE REQUEST? CORRECT.
UH, DOES THE APPLICANT NEED TO WISH TO SPEAK? OKAY.
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ANYONE HERE THAT'S IN OPPOSITION THAT HAS, HAS REGISTERED TO SPEAK? UM, MR. ZACH THOMPSON, BUT I DON'T SEE HIM.SO DO YOU HAVE ANY REGISTERED HERE OR, OR ONLINE THAT ARE, ARE YEAH, THEY'RE REGISTERED AND THAT ARE, ARE AVAILABLE TO SPEAK? WELL, HE SIGNED UP ONLINE BUT HE SAID HE WAS GONNA BE IN PERSON, BUT I DON'T SEE HIM, SO.
AND HE'S NOT ONLINE, SO, SO YOU DON'T HAVE ANY SPEAKERS? NO.
I LEARNED THE LESSON LONG TIME AGO FROM OUR EMERITUS ATTORNEY.
ALWAYS ALLOW PEOPLE TO SPEAK EVEN IF IT'S A NON-ISSUE CASE.
DIDN'T YOU TEACH ME THAT ONCE, MR. DANIEL? YES, IT IS.
WHICH SOMETHING YOU'D SAY, I PROMISE AND IT'S THE ULTIMATE COMPLIMENT.
'CAUSE I WAS ABOUT TO SAY NOT TO CALL ANYONE FOR SPEAKERS, BUT, OKAY.
SO, UM, THE CHAIRMAN ENTERTAIN A MOTION.
SO THE, THE PROCESS HERE IS THAT, UH, BY VIRTUE OF WHAT WE HEARD FROM OUR PROFESSIONAL STAFF, THAT, AND BY WHAT WE HEARD THIS MORNING FROM OUR ATTORNEY, THAT WE HAVE TO ACT TO AT LEAST TO THEM TO DENY IT WITHOUT PREJUDICE.
OTHERWISE, IT, IT SITS IN, IN ABEYANCE.
SO THE CHAIR WILL ENTERTAIN A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH ZERO 11 ON APPLICATION OF TRACY JORDAN DENY THE VARIANCE TO THE BUILDING HEIGHT REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT IN THE MATTER OF BDA 2 45 1.
MS. DAVIS HAS MOVED TO DENY WITHOUT PREJUDICE YOUR REQUEST FOR A VARIANCE.
IT'S BEEN SECONDED BY MR. HOPKOS.
ANY DISCUSSION ON THE MOTION? NO DISCUSSION ON THE MOTION.
UM, MS. BOARD SECRETARY CALLED THE VOTE.
MOTION TO A, I'M SORRY, MOTION TO DENY WITHOUT PREJUDICE.
PASS FIVE TO ZERO IN THE MATTER OF BD 2 4 5 DASH ZERO ONE.
THE BOARD OF ADJUSTMENT UNANIMOUSLY DENIES THE REQUEST WITHOUT PREJUDICE BY A VOTE OF FIVE TO ZERO.
YOU'LL RECEIVE A DECISION LETTER IN THE MAIL.
THANK YOU FOR WORKING IT OUT WITH THE CITY PROFESSIONAL STAFF.
ALRIGHT, NEXT ITEM ON OUR AGENDA IS BDA 2 4 5 21 2 4 5 21.
IS THE APPLICANT HERE PLEASE COME FORWARD.
OKAY, MS. BOARD SECRETARY, DO WE HAVE, UM, ANY SPEAKERS REGISTERED FOR 2 4 5 0 2 1? NO SIR.
UH, BOARD MEMBERS, I HAVE NOTHING IN THE COMMENT FOLDER FOR 2 4 5 0 2 1.
SO, ALRIGHT, SIR, IT'S CONSISTENT WITH OUR RULES OF PROCEDURE.
UH, YOU AS AN APPLICANT HAVE FIVE MINUTES AND I'LL GRANT YOU AS MUCH TIME AS YOU WANT, BUT OUR RULES SAY FIVE MINUTES, UH, IN ORDER TO CONVEY TO THE BOARD AND THE BURDEN OF PROOF IS ON YOU WHY WE SHOULD EXERCISE THIS AUTHORITY.
WE HAVE TO, WHAT, WHAT I SEE HERE IS AUTHORIZED UP TO TWO ADDITIONAL LARGE LETTER WORDS ON ATTACHED SIGN IN EXCESS OF THE NUMBER PERMITTED IN ARTICLE FOUR, THE CODE.
SO IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY IS GONNA SWEAR YOU IN.
I LIVE AT 80 17 SITKA STREET, FORT WORTH, TEXAS 7 6 1 3 7.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
THANKS, UH, FOR BEING HERE GUYS.
UM, SO THIS HEARD YOUR COMMENTS THIS MORNING, UH, JUST TO KIND OF ANSWER SOME OF THOSE, UH, THE REASON THIS TOOK THIS LONG WAS, UH, WE STARTED THIS PROJECT BACK AT THE END OF 2023 WITH A REMODEL.
UM, WE SUBMITTED THE APPLICATION FOR THE VARIANCE SEVERAL TIMES OVER THE LAST YEAR AND IT WAS DENIED BECAUSE OF VARIOUS REASONS.
UH, ONE WAS, UM, THE AFFIDAVIT GETTING THE RIGHT PERSON TO SIGN IT.
UH, FOR A WHILE THERE IT HAD TO BE THE OWNER OF DAVE AND BUSTER'S, WHICH YOU CAN IMAGINE, UH, TRYING TO FIND THAT PERSON.
UH, THEN WE FOUND SOMEBODY THAT THEY SAID, OKAY, THIS PERSON COULD
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SIGN IT, BUT NOW WE NEED PROOF THAT THAT PERSON IS WHO THEY SAY THEY ARE.SO ANYWAY, THIS WENT BACK AND FORTH FOR QUITE A WHILE.
UM, MAKING SURE THAT THE, UM, THE PROOFS, UM, THAT THE SCALING WAS CORRECT, UM, THAT THEY WERE OFF, WE HAD TO SEND IT BACK TO THE DESIGNER AND SO FORTH.
SO THAT'S WHAT TOOK SO LONG TO GET HERE.
UM, THE SIGNS THAT WERE ON THE BUILDING WERE PERMITTED, UM, IN ACCORDANCE TO THE RULES AND INSTALLED CORRECTLY.
THE H SIGN THAT HAS THE ADDITIONAL LETTERS WAS ACTUALLY INSTALLED BY THE CONTRACTOR DURING THE REMODEL.
THAT WAS NOT PART OF OUR SCOPE, BUT WE WERE ASKED TO PERMIT THAT SIGN.
SO WE WERE TRYING TO FOLLOW THE CODE PER DALLAS AND MAKE SURE THAT EVERYTHING IS UP TO, YOU KNOW, SPECS.
UM, SO THAT'S WHY WE'RE ASKING FOR THIS.
THAT'S WHY WE CONTINUED WITH THE VARIANCE, UM, TO GET IT TO THIS POINT SO WE COULD GET THE APPROVAL.
UM, I KNOW IN THE CODE IT DOES SAY THAT YOU CAN GRANT UP TO THE ADDITIONAL TWO WORDS, UM, AND THE SYMBOLS OF THE, AND WHICH ARE CONSIDERED WORDS, UM, IN THE CODE.
UM, THAT'S DEBATABLE, BUT IT IS WHAT IT IS.
SO, UM, YOU KNOW, THE CODE IS EIGHT WORDS INCLUDING SYMBOLS SUCH AS AND, AND SO WE'RE JUST ASKING FOR THE ADDITIONAL TWO WORDS.
HOW DO YOU PRONOUNCE YOUR LAST NAME AGAIN? PRESO BRETT.
SO MY, MY QUESTIONS ARE GONNA BE TWO TRACK.
FIRST IS PROCESS THEN IS, UM, EIGHT WORDS, SIX WORDS, 10 WORDS, AND AMAND ARROWS AND THAT SORT OF THING.
SO YOU SAID A MINUTE AGO THAT YOU WERE DENIED SEVERAL TIMES ON APPLICATION.
OKAY, SO I NOW EVERYONE HAS A DIFFERENT INTERPRETATION ON DENIED AN APPLICATION.
OUR INTERPRETATION IS WHEN YOU, SOMEONE APPEARS BEFORE US AND WE MAKE A DECISION TO APPROVE OR DENY.
THIS IS YOUR FIRST TIME IN FRONT OF THE BOARD OF ADJUSTMENT, IF I UNDERSTAND.
SO, UM, BECAUSE IF YOU WERE DENIED BY US, WE'D SEE IT, OUR, AND WE, IT, IT WOULD GO DIFFERENT TRACK AS TO WHAT HAPPENED BEFORE AND ALL THOSE SORT OF THINGS.
I JUST WANNA MAKE SURE WE'RE, WE'RE CLEAR ON THAT.
IT IS PART OF THE ADMINISTRATIVE FUNCTION OF THE PROFESSIONAL STAFF TO REQUIRE CERTAIN COMPONENTS OF INFORMATION THAT, UH, THEY LOOK FOR IN ORDER TO PROPERLY VET.
THEY DON'T DECIDE A CASE, THEY JUST VET IT AND MAKE SURE, BECAUSE WE CERTAINLY WOULDN'T WANT SOMEONE OTHER THAN THE APPROPRIATE PERSON REPRESENTING YOUR BUSINESS ENTITY, YOU AS A PROPERTY OWNER.
THAT'S, THAT'S WHAT THE KEY IS.
AND BELIEVE IT OR NOT, WE'VE HAD A SITUATION WHERE PEOPLE HAVE COME TO US AND WEREN'T THE PROPERTY OWNER ASKING FOR A VARIANCE OR A SPECIAL EXCEPTION.
THERE WAS A CHANNEL EIGHT STORY ON IT A COUPLE YEARS AGO.
UH, LUCKILY WE SNIFFED IT OUT, THE STAFF AND, AND THE BOARD, WE DENIED IT AND THAT CASE WENT AWAY.
SO THAT'S KIND OF THAT PROCESS, UM, AS TO WHY, AS TO WHY THOSE THINGS ARE IMPORTANT.
SO YOU, YOU WERE WITH US THIS MORNING AND I SAW IN THE AUDIENCE WITH THIS THIS MORNING, SO SOME OF THE CONFUSION THAT CAME UP THAT I RECALL WENT TO THE ISSUE OF, I'M GONNA GO HERE IT IS, WENT TO THE ISSUE OF THIS, ALL THESE ARE ALREADY IN PLACE.
AND SO HOW IS IT THAT OUR, HOW DID THIS ISSUE COME TO THE BOARD IN THE FIRST PLACE? WAS IT A CODE COMPLIANCE ISSUE? WAS SOMEONE JOKED? WAS IT SOMEONE ELSE THAT OWNED A BAD BOWLING ALLEY? SO THAT'S THE FIRST QUESTION BECAUSE WHEN I LOOKED AT THE GRAPHIC THAT THE STAFF GAVE US THAT YOU ALL SUBMITTED, I COUNT THREE PLUS FOUR, SEVEN, I COUNT 10 ALREADY.
SO ARE YOU ASKING FOR PERMISSION AFTER THE FACT OR PROSPECTIVELY? SO WE'VE BEEN TRYING TO GET THIS PASSED SINCE 2023, EVEN THOUGH IT WAS ALREADY BUILT.
SO THIS WAS PART OF A REMODEL AND THE CONTRACTOR INSTALLED THE GRAPHIC.
I WAS NOT PART OF THE CONTRACTOR THAT INSTALLED THE GRAPHIC, BUT WE WERE PULLING THE PERMITS FOR DAVE AND BUSTER.
SO HE TOOK IT UPON HIMSELF TO GO AHEAD AND INSTALL THE GRAPHIC AND SHOULDN'T HAVE.
THOSE ARE THE MAGIC WORDS BECAUSE I'M GONNA BE GENTLE.
WE LOOK TO THE PROPERTY OWNER, NOT WHO THE PROPERTY OWNER HIRES.
AND IF YOU'RE REPRESENTING THE PROPERTY OWNER, WE LOOK TO YOU NOT SOMEONE THAT DID OR DID NOT DO SOMETHING IN INCORRECTLY.
SO, BUT I THAT'S WHAT I WAS HOPING THAT YOU WOULD FESS UP REPRESENTING THE OWNER THAT IT SHOULDN'T HAVE BEEN INSTALLED IN THE FIRST PLACE.
SO, SO HOW WERE YOU NOTIFIED WAS THIS, HOW DID THIS, HOW DID THIS WE STARTED THE PROCESS.
OH, SO NO ONE FROM THE CITY CAME TO YOU KNOCKING YOUR DOOR AND SAID, YOUR AMP PERCENT AND YOUR ARROWS
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AND YOUR SECOND AMP PERCENT IS BEYOND THE CODE? NO, SIR.REALLY? NO, WE STARTED THE PERMIT PROCESS.
YEAH, BUT RONALD REAGAN ALWAYS SAYS TRUST, BUT VERIFY.
SO MS. BOARD ADMINISTRATOR, NO ONE FROM THE STAFF REACHED OUT TO THEM, THEIR SELF-REPORTING IN ESSENCE, ACCORDING TO MR. PSO.
SO, BUT YOU HAVE NO KNOWLEDGE OF STAFF ACTION? NO.
THAT SHOULD, THAT'S, I, THAT'S HONORABLE.
SO, SO IN ESSENCE, YOU REALIZE THAT YOU SHOULD HAVE GOTTEN A REQUEST, CORRECT? AFTER THE FACT? WELL, NO, WE STARTED THIS YES.
BEFORE THIS, THE SIGN WAS STOPPED.
BUT YOUR CONTRACTOR WENT AHEAD AND DID IT.
AND DO YOU HAVE AN OPINION OF WHETHER THE AMPERSAND SHOULD BE A WORD OR NOT? WE DON'T MAKE POLICY HERE.
IT'S A SYMBOL IN MY, IN MY OPINION, I DON'T THINK, BE CAREFUL.
THOSE, THOSE ARROWS ARE TOO, ONE OF OUR MEMBERS MENTIONED, MADE THE COMMENT ABOUT ARROWS.
SO I, I DON'T MAKE THE LAWS, I JUST TRY TO FOLLOW.
I'M CLA I'M, I'M FURTHER CLARIFIED.
QUESTIONS MR. OVITZ? UH, I HAVE A QUESTION FOR THE, I HAVE A QUESTION FOR THE STAFF.
DO WE, DO WE HAVE OUR SIGNED PERSON BACK WITH US? YEAH.
UM, 'CAUSE I'M LOOKING AT THE WORDS ON THE, ON THE, UH, ORDINANCE ON PAGE 67, AND IT SAYS, ON ANY BUILDING FACADE, THERE MAY BE A MAXIMUM OF EIGHT WORDS, WHICH CONTAIN ANY CHARACTER OF A HEIGHT EQUAL TO EXCEEDING FOUR INCHES.
UM, AND SO I'M JUST WONDERING WHY, WHAT THE, WHAT, WHAT THE SOURCE OR THE DETERMINATION THAT THE ARROWS ARE NOT CHARACTERS, IN WHICH CASE IT WOULD, IT WOULD BE EXCESSIVE TO OUR AUTHORITY TO APPROVE IT.
SO AS, AS FAR AS WE GO, WE, YOU KNOW, EVERYTHING OFF THE ORDINANCE.
IN, IN THIS CASE, WE REFER TO THE DEFINITIONS.
AND THE DEFINITION OF A SIGN WOULD BE ANY DEVICE, FLAG, LIGHT, FIXTURE, PICTURE, LETTER, WORD, MESSAGE SYMBOL, PLAQUE, POSTER, DISPLAY DESIGN, PAINTING, DRAWING, BILLBOARD, WIND DEVICE OR OTHER THING VISIBLE FROM OUTSIDE OF THE PREMISE ON WHICH IT IS LOCATED.
AND THAT IS DESIGNED, INTENDED OR USED TO INFORM OR ADVERTISE TO PERSONS NOT ON THE PREMISE.
SO THE WAY WE'VE ALWAYS LOOKED AT IT IS ARROWS IN THIS, IN THIS INSTANCE, YOU KNOW, EACH, EACH, EACH CASE WE HAVE TO LOOK AT INDIVIDUALLY.
BUT IN THIS CASE, THE ARROWS ARE NOT A COMMERCIAL ADVERTISEMENT, IT'S JUST MORE OF MORE OF AN ART FEATURE.
SO WITH THAT, THANK YOU FOR YOUR ANSWER.
SO WHAT YOU'RE SAYING IS IT'S CASE BY CASE, BUT YOU AS A MATTER OF PRACTICE, THE PROFESSIONAL STAFF HAS NEVER UTILIZED OR INTERPRETED ARROWS AS A LETTER, A WORD, CORRECT.
AND, AND THAT'S YOUR PRACTICE, THAT'S THE STAFF'S PRACTICE? CORRECT.
NOW IF, IF IT WAS AN ARROW THAT HAD WORDS IN IT, THEN AT THAT POINT WE WOULD ACCOUNT FOR THE WORDS INSIDE OF THE LETTER.
AND DID THAT ANSWER YOUR QUESTION, MR. HAITZ? OKAY.
MS. DAVIS HAS A QUESTION OR A STATEMENT YES.
OR SOMETHING J JUST TO COMMENT.
I, I USUALLY DON'T, UH, LOOK HIGHLY UPON PEOPLE WHO ASKED FOR PERMISSION AFTER THE FACT, BUT I UNDERSTAND YOU DIDN'T DO THAT.
SO I'M REALLY GLAD THAT YOU CLARIFIED THAT YOU KNEW YOU WERE IN ERROR AND YOU'VE BEEN TRYING TO GET THROUGH THIS AND COME IN FRONT OF US.
SO WE REALLY DO APPRECIATE THAT, ESPECIALLY SINCE NOBODY REPORTED YOU APPARENTLY, AND THAT YOU DID THIS ON YOUR, ON YOUR OWN.
OTHER QUESTIONS FOR THE APPLICANT? SO IF, UH, SO IF I DO MY COUNT CORRECTLY, THERE ARE THREE WORDS ON THE FAR RIGHT CORNER.
THERE'S FOUR WORDS THAT EAT, DRINK, PLAY, AND WATCH.
AND THEN THREE UNDER THE LAST DAVE AMPER SIGN BUSTER.
THAT EQUALING TEN EIGHT PLUS TWO.
NOW HERE WE ARE, WE'RE ALL VOLUNTEERS AND WE'RE, YOU KNOW, WE'RE PART OF GOVERNMENT, BUT, UM, THIS IS CLEARLY
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SO THE CITY COUNCIL AND THEIR INFINITE WISDOM DECIDED THAT THEY'RE, THEY'RE GONNA PUT THINGS IN THE ORDINANCE TO CONTROL THIS.AND SO I'M JUST GONNA, NOW ON MY HEAD, WE DON'T MAKE POLICY, WE JUST INTERPRET.
I'M GLAD TO HEAR FROM MR. TREVOR THAT THAT'S THE STAFF'S PRACTICE AND THEY'RE CONSISTENT ABOUT THAT.
'CAUSE WE'RE NOT GONNA MESS WITH THAT.
'CAUSE I DON'T, I THINK IT'S A REASONABLE JUDGMENT OF THE STAFF TO FOLLOW THAT.
SO, OKAY, SO I'M, I'M, I'M PERFECTLY CALM ABOUT THIS.
ANY OTHER QUESTIONS FOR THE APPLICANTS? OKAY, DO WE HAVE A MOTION? MS. DAVIS? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 21 ON APPLICATION OF MIKE PRESO.
DID I SAY THAT CORRECTLY? THANK YOU.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN ATTACHED PREMISE SIGN ON A NON-RESIDENTIAL BUILDING FACADE WITH 10 WORDS, WHICH CONTAIN CHARACTERS OF A HEIGHT EQUAL TO OR EXCEEDING FOUR INCHES AS A SPECIAL EXCEPTION TO THE SIGN REGULATIONS CONTAINED IN ARTICLE SEVEN OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT STRICT COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE WILL RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP OR INEQUITY TO THE APPLICANT WITHOUT SUFFICIENT CORRESPONDING BENEFIT TO THE CITY AND ITS CITIZENS.
IN ACCOMPLISHING THE OBJECTIVES OF THIS ARTICLE, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BDA 2 4 5 DASH 21.
MS. DAVIS HAS MOVED TO GRANT YOUR REQUEST FOR A SPECIAL EXCEPTION TO THE SIGN THE DALLAS DEVELOPMENT CODE RELATING TO SIGN REGULATIONS.
IS THERE A SECOND? SECOND, SECOND BY MR. OVITZ DISCUSSION ON THE MOTION, MS. DAVIS? UH, A FEW CONSIDERATIONS AND, AND WHY I'M SUPPORTING THIS MOTION.
NUMBER ONE, THE APPLICANT WAS, UM, YOU KNOW, WAS PROACTIVE IN TRYING TO CORRECT THE ISSUE, WHICH I APPRECIATE.
NUMBER TWO, IT IS CONFIRMED THAT THOSE ARROWS DO NOT COUNT AS LETTERS OR WORDS, AND WE HAVE THE ABILITY TO APPROVE UP TO 10.
AND I, I DON'T THINK AN AMPERSAND IS, TO ME IT'S NOT CONSIDERED A WORD, BUT IT IS.
BUT BECAUSE IT'S ONLY TWO LITTLE AMPERSANDS, THAT'S WHAT THIS WHOLE THING IS ABOUT.
I'M FINE WITH MOVING FORWARD WITH THIS.
UH, MR. HAITZ AMPERSAND TO THAT
SOMEONE SAID AMPERSAND, AND I THOUGHT, OKAY, MY POOR SEVENTH GRADE ENGLISH TEACHER WOULD BE SHOOTING ME RIGHT NOW THAT I DIDN'T KNOW, BUT AMP PERCENT.
BUT I KNOW WHAT IT IS NOW, FOR SURE.
I WOULD, I WOULD JUST, I WOULD JUST ADD THAT I, I'M, I'M GLAD THAT THIS ORDINANCE EXISTS BECAUSE WE DON'T WANT PEOPLE READING BOOKS WHILE THEY'RE DRIVING A CAR DOWN THE HIGHWAY.
BUT WE, YOU KNOW, I'M UP FROM THE CLOTH OF LIMITED GOVERNMENT.
SO AGAIN, I SUPPORT THE CITY COUNCIL'S WISDOM, BUT LET'S JUST BE CAREFUL.
SO THERE'S, THERE'S BOUNDARY TO THIS THAT, THAT, AGAIN, I'M NOT ELECTED OFFICIAL, WE'RE JUST HERE, WE'RE A LITTLE BOARD OF ADJUSTMENT VOTE.
ALRIGHT, THANK YOU MR. AMPERSAND.
ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE.
THE BOARD SECRETARY WILL CALL FOR A VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 45 DASH 0 21, THE BOARD OF ADJUSTMENT ON A VOTE OF FIVE TO ZERO.
GRANT YOUR REQUEST FOR, UH, SPECIAL EXCEPTION TO THE SIGN REGULATIONS IN THE DALLAS DEVELOPMENT CODE.
YOU'LL GET A DECISION LETTER IN THE NEXT TWO DAYS.
THANK YOU FOR DOING THE RIGHT THING.
LAST ITEM ON OUR AGENDA TODAY IS BDA 2 4 5 2 2 2 4 5 2 2.
IS THE APPLICANT HERE? YES, PLEASE COME FORWARD.
UM, FOR THIS CASE, DO WE HAVE WHO ARE REGISTERED SPEAKERS? WE HAVE ONE MORE, UM, REGISTERED SPEAKER IN FAVOR ONLINE.
UH, IS IT THE APPLICANT OR IS IT THE IT'S JUST SOMEONE, IT'S JUST A SUPPORTER.
IT'S SOMEONE IN FAVOR SUPPORTER? YES.
NO, IN O NONE IN OPPOSITION TODAY? NO.
ALRIGHT, SO I'M GONNA ASK YOU TO, UH, GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
[00:30:01]
IT STAYS GREEN.MONICA HERNANDEZ 7 8 2 1 PENNINGTON COURT, LAO, TEXAS 7 5 0 2 5.
MS. FORD, SECRETARY, DO YOU SWEAR OR AFFIRM TO, IN YOUR TESTIMONY TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? I DID.
SO, UM, YOU, UH, AS YOU'VE HEARD IN THE OTHER CASES THAT WE'VE HAD OUR RULES OR PROCEDURES SAY THAT THE APPLICANT HAS FIVE MINUTES TO PRESENT THEIR CASE, THE BURDEN OF PROOF IS YOURS.
UH, I'LL GIVE YOU WHATEVER TIME IS NECESSARY TO SPEAK.
WHATEVER I CAN I GIVE YOU, I WOULD GIVE ANY OTHER SPEAKERS.
IF THERE WAS SOMEONE IN OPPOSITION, I WOULD ALSO GIVE YOU AN OPPORTUNITY FOR REBUTTAL.
SO I DID BRING A PRESENTATION.
UM, I AM HERE TO REPRESENT THE HOMEOWNERS, CINDY AND, UM, CHADWICK.
AND WE WANTED TO ASK FOR THE, FOR A SPECIAL EXCEPTION ON THE FENCE.
HOW DO I GET TO THE NEXT SLIDE? OKAY, THANK YOU.
SO WE UNDERSTAND THAT THERE IS A FOUR FOOT, UM, REGULATION THAT ALLOWS FOR US TO BUILD A FOREFRONT, A FOUR FOOT FRONT YARD SETBACK.
HOWEVER, WE ARE ASKING FOR AN ADDITIONAL FOOT AND SIX INCHES BECAUSE OF TWO REASONS, AND ONE OF THEM IS BECAUSE OF THE HOMEOWNER'S SUN.
THEY DO HAVE A SON WHO IS DIAGNOSED WITH SPECIAL NEEDS AND HE HIGHLY REQUIRES OUTSIDE TIME.
AND THE OTHER ONE IS FOR SAFETY BECAUSE CHURCHILL IS A VERY BUSY STREET AND THEY DO HAVE PEOPLE THAT DRIVE FAST DOWN THE ROAD.
AND IT IS A BUSY STREET BECAUSE IT IS THE ACCESS TO THE GATED COMMUNITY.
AND BECAUSE OF THOSE TWO REASONS WE ARE ASKING FOR THE SPECIAL EXCEPTION.
AND ON ONE SIDE WE HAVE A LETTER FROM THE DOCTOR KIND OF SUPPORTING THIS REQUEST SINCE HE DOES HAVE A TENDENCY TO ELOPE WHILE HE IS OUTSIDE.
AND ON THE, ON THE RIGHT YOU'LL SEE THE CORRESPONDENCE BETWEEN THE HOMEOWNER OF CHURCHILL AND A COUNCIL LIAISON WHO HELPED HER GET SPEED LIMIT SIGNS ON CHURCHILL TO AVOID MORE SPEED VIOLATORS.
LEAST WE DON'T BELIEVE THAT IT WILL BE, OR IT WILL NEGATIVELY IMPACT THE NEIGHBORHOOD BECAUSE OF THE FOLLOWING REASONS.
ONE OF THEM BEING THAT ONE OF THE NEIGHBORS DOES HAVE AN EIGHT FOOT BRICK FENCE IN THEIR FRONT YARD.
AND THE OTHER ONE IS BECAUSE WE DID GAIN A LOT OF SUPPORT FROM THE NEIGHBORHOOD.
UH, IF YOU DON'T MIND GOING TO THE NEXT SLIDE, WHICH I HAVE A PICTURE OF THE FRONT YARD FENCE.
AND AS YOU CAN SEE ON THE RIGHT, THERE IS A MAP TO SHOW THE STAR IS THE CHURCHILL 71 17 CHURCHILL.
AND THEN TWO HOUSES TO THE RIGHT IS THE PROPERTY THAT HAS THE EIGHT FOOT RIGHT YARD FENCE.
UH, WE ALSO HAVE, UH, LETTERS, IF YOU DON'T MIND GOING TO THE NEXT SLIDE.
WE ALSO HAVE IN THE NEXT SLIDE, SORRY.
THOSE ARE THE PROPERTIES THAT GAVE US THIS, THEIR SUPPORT.
UH, MOST OF THEM ARE WITHIN THE 200 RADIUS.
WE WEREN'T ABLE TO REACH THEM, BUT WE WERE ABLE TO COMMUNICATE WITH ALL OF THE PROPERTY OWNERS TO, AND LET THEM KNOW, INFORM THEM ABOUT THIS REQUEST.
AND THE ONES THAT WERE IMMEDIATELY, UH, NEXT TO THE PROPERTY WERE IN SUPPORT OF IT.
AND THEN WE DO HAVE HOUSES THAT WERE INSIDE OF THE GATED COMMUNITY THAT WE WERE NOT ABLE TO KNOCK DOORS OR ACCESS JUST BECAUSE IT'S A GATED COMMUNITY AND WE CAN'T ACCESS THAT COMMUNITY.
HOWEVER, WE DID SEND OUT TWO LETTERS TO THEM TO INFORM THEM ABOUT THE CASE AND LET THEM KNOW THAT WE WOULD APPRECIATE THEIR SUPPORT.
IF YOU DON'T MIND GOING TO THE NEXT SLIDE, THAT WOULD BE GREAT.
WE ALSO, I ALSO HEARD THE BRIEFING WHERE YOU HAD A COUPLE QUESTIONS ABOUT THE BACKYARD.
THIS IS A PICTURE OF THE BACKYARD.
THIS IS WHAT THEY HAVE LEFT OFF OF THE BACKYARD TO ROAM AROUND.
SO AS YOU CAN SEE, THERE IS A LAKE RIGHT IMMEDIATELY AFTER A SMALL LITTLE SPLASH PAD THAT THEY HAVE FOR THEIR SON.
HE IS, AGAIN, HE HAS A TENDENCY TO ELOPE.
SO IF WE WERE TO, OR THEY WERE EL I'M SORRY, TENDENCY TO WHAT? ELOPE RUN AWAY.
UM, HE COULD EASILY FALL INTO THE LAKE, WHICH WE WOULDN'T, THE HOMEOWNERS WOULDN'T WANT.
IF YOU DON'T, IF YOU DON'T MIND GOING TO THE NEXT SLIDE.
WE DO HAVE A LE UH, EMAIL FROM THE HOA OF THE LAKE FOREST COMMUNITY, THE GATED COMMUNITY,
[00:35:01]
STATING THAT THEY WERE NOT GOING TO OPPOSE TO THE CASE, BUT THEY WEREN'T ALSO GOING TO SAY IF THEY WERE IN FAVOR OR NOT.AND I ALSO HAVE A COPY OF AN EMAIL FROM ONE OF THE NEIGHBORS THAT THEY SENT AN EMAIL TO THE BDA REPLY IN FAVOR OF THE REQUEST.
IF YOU DON'T MIND GOING TO THE NEXT SLIDE.
WE ALSO HAVE THE LETTERS OF THE NEIGHBORS NEXT SLIDE AND MORE LETTERS.
IF YOU GUYS HAVE ANY QUESTIONS, I'M HERE TO ANSWER THEM.
UM, LET'S, UM, LET'S DO QUESTIONS FOR THE APPLICANT AND THEN WE, THEN WE WILL HAVE THE OTHER SPEAKER.
WE'LL GO TO THE OTHER SPEAKER SINCE THEY'RE ONLINE AND THEN WE CAN COME BACK TO OTHER QUESTIONS FOR THE APPLICANT.
UM, PUSH YOU, PUT YOUR SLIDE DECK BACK UP PLEASE.
UM, WE'LL GO TO MS. DAVIS FIRST.
I DON'T KNOW IF YOU HAVE QUESTIONS ON THE SLIDE DECK.
CAN YOU GO TO THE SLIDE THAT SHOWS THE BACKYARD OF THE PROPERTY PROPERTY? SO MY QUESTION, IF THE SON HAS A TENDENCY TO RUN AWAY, WHY ISN'T THERE A FENCE IN THE BACK? I I WOULDN'T BE ABLE TO ANSWER THAT QUESTION.
I KNOW THAT THE HOMEOWNER IS THE OTHER SPEAKER.
SHE COULD ANSWER THAT QUESTION BETTER FOR YOU BECAUSE IF IT, I MEAN IT DOESN'T DO YOU ANY GOOD HAVING A FENCE IN THE FRONT IF YOU'RE, I MEAN THIS IS, IF YOU'RE SAYING THIS CHILD HAS A TENDENCY TO RUN AND NOT LISTEN, THIS TO ME WOULD BE PRETTY DANGEROUS.
MY FOCUS WOULD BE ON THIS, NOT ON WORRYING ABOUT ADDING, ASKING FOR AN ADDITIONAL FOOT AND A HALF IN THE FRONT YARD.
DO YOU KNOW HOW, HOW OLD OR HOW, HOW OLD IS THE CHILD AND HOW TALL IS THE CHILD? I DON'T, I WOULDN'T BE AWARE.
OTHER QUESTIONS FOR THE APPLICANT? OKAY, MR. HOPKOS HAS A QUESTION FOR STAFF.
A QUESTION GOES TO MS, UH, OUR BOARD ADMINISTRATOR, THE, UH, AND IF I'M STEPPING OUTTA BOUNDS WITH THIS QUESTION, I'M SURE THE CHAIR WILL LET ME KNOW.
THE OTHER HOME THAT WAS REFERENCED AS HAVING AN EIGHT FOOT, UH, BRICK FENCE OR STONE FENCE.
UM, IS THAT A LEGAL FENCE? UH, LET'S GO AHEAD ON THE SLIDE DECK FLICK TO THAT MR. THOMPSON.
IT IS THE BEGINNING OF THE SLIDE DECK RIGHT THERE.
SO NOW ASK YOUR QUESTION TO STAFF.
IS, IS, DO WE KNOW IF THIS FENCE IS A PERMITTED FENCE? UM, IF I CAN GET THE ADDRESS, I COULD LOOK AT POSSE TO SEE IF IT, UM, SO I'LL TELL YOU WHAT THE ADDRESS IS 'CAUSE IT WOULD BE PROPERTY NUMBER NINE, WHICH IS 1 2 4 0 0 CHURCHILL COURT.
1, 2 4 0 0 1 2 4 0 0 CHURCHILL COURT.
IT'S INTERESTING 'CAUSE I, I INQUIRED WITH THE BOARD ATTORNEY ABOUT THAT AND MR. BOARD ATTORNEY, WOULD YOU REPLAY OUR CONVERSATION? THAT WAS OFFLINE.
I SAID, WOW, THAT SEEMS LIKE, UM, THAT SEEMS LIKE IT'S PUSHED BACK, BUT YOU SAID IT IS A, IT IT COULD BE IN THE FRONT YARD IF I WAS LOOKING AT PAGE 91.
AND IT LOOKS LIKE, UM, THERE IS A STREET THAT CHURCHILL COURT, CHURCHILL COURT, YEAH.
THAT IS A PUBLIC RIGHT OF WAY THAT EXTENDS SO, WHICH WOULD MEASURE FROM THAT PUBLIC RIGHT OF WAY.
SO IT, I I CAN'T LOOK AT THIS PICTURE AND TELL YOU HOW MANY FEEDBACK THAT IS, BUT IT MAY BE IN THE FRONT YARD.
IT MAY NOT, WHICH IS, YOU KNOW, THE ULTIMATE LAWYER ANSWER IS THAT IT DEPENDS KIND OF
YEAH, I MEAN, IF, IF THE, I, I UNDERSTAND WHAT YOU'RE SAYING, BUT IF, IF YOU'RE SAYING THAT THAT'S INSTEAD OF A DRIVEWAY, ACTUALLY A STREET, THEN IT SEEMS LIKE IT PRETTY WELL CLEARED UP THAT IT IS THE FRONT YARD, RIGHT? OR WHAT? I I DON'T MEAN TO PIN YOU DOWN ON ANSWER.
SO MR. HOP, DID THAT QUASI NOT ANSWER YOUR QUESTION? OH, YOU ASKED THE QUESTION ABOUT WHETHER THE FENCE, A FENCE WAS PERMANENT AT THAT ADDRESS.
SO DID WE FIND OUT YES, MY, UM, MY COMPUTER IS LAGGING RIGHT NOW, BUT IT, THIS UM, PROPERTY ADDRESS DOES APPEAR TO HAVE HAD A BOARD CASE BACK IN 2006.
WHICH MEANS THE BOARD APPROVED SOMETHING.
[00:40:01]
THANKS I, THERE WE GO.SO APPROVED BY THE BOARD, BUT NOW, UM, THE 1, 2, 400 CHURCH COURT, THAT'S IT.
UM, AND IT SHOWS TO CONSTRUCT AN APRIL HIGH FENCE AND THE DUE LOOKS LIKE IT WAS APPROVED THAT WHEN? IN SEPTEMBER, 2006.
SO, SO THAT IS A LEGITIMATE AS AT A BOARD CASE.
UM, AND I, I HAVE A QUESTION FOR THE APPLICANT AS WELL.
UM, JUST, I'M A LITTLE DISORIENTED ON THE LOCATION.
IS THIS ON THE OR WEST SIDE OF FOREST? I MEAN, UH, HILLCREST, I'M SORRY, IS THIS THE CHURCHILL LANE THAT'S ON THE EAST SIDE OF FOREST OR THE WEST SIDE OF FOREST ON THE EAST SIDE? I'M, I'M SORRY, HILLCREST, I MEAN HILL CREST EAST SIDE.
UH, YOU ARE RIGHT THAT THAT APPEARS TO BE A FENCE.
IT'S STILL DEBATABLE WHETHER IT'S IN THE FRONT YARD OR NOT.
WHAT WE HEARD WAS THE BOARD ACTED, SO WE PRESUME THAT MY HESITATION STILL IS AND IT WAS, I'M SORRY.
NO, NO, I'M, I'M SPEAKING TO HER.
MY HESITATION AS IT WAS LAST TIME IS THIS IS AN OPEN SPACED SERIES OF HOMES.
AND SO, UM, I'M WAITING FOR THE BASIS TO SAY THAT YOU NEED MORE THAN YOUR FOUR FEET BY RIGHT.
TO PUT A FENCE ON THE PROPERTY LINE, WHICH IS RIGHT UP TO THE STREET, WHICH CHANGES IN WHICH, WHICH GIVES ME PAUSE AS IT RELATES TO HOW IT CHANGES THE LOOK OF THAT STREET.
THAT IS WHERE MY PAUSE IS THIS, THIS ACTION THAT THE FENCE THAT YOU POINTED OUT HERE, UH, IS GREATLY AWAY FROM THE STREET, UH, AND HAS A DIFFERENT CHARACTERISTIC THAN ALL THE OTHER HOUSES ALONG THAT STRIP.
FROM THE VIDEO WE SAW THIS MORNING IS ALWAYS AS YOURS.
SO THERE IS MY HESITATION, BUT I'M JUST ONE VOICE AND ONE MEMBER.
SO, AND I WOULD, I WOULD ECHO MS. DAVIS'S QUESTION AS IT RELATES TO THE BACKYARD FRONTING THE POND.
I DUNNO IF IT'S A POND OR A LAKE, BUT, AND, UM, IF THAT'S A CRITERIA.
NOW, I WILL TELL YOU SAFETY IN UNFORTUNATELY IS NOT PART OF OUR CRITERIA.
OUR CRITERIA IS VERY SIMPLY THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
EVERYONE IN THEIR SISTER COMES IN AND TALKS ABOUT SAFETY, CRIME, ALL THESE OTHER THINGS WHICH ARE, ARE YOUR RIGHT TO, BUT AGAIN, I GO BACK AND WE ASK OUR STAFF TO PUT IN OUR DOCKET WHAT IS THE CRITERIA.
SO I ZERO RIGHT IN TO THAT CRITERIA AND THEN TRY TO MEASURE THAT ON A CASE TO CASE BASIS.
I'M SAYING ALL THIS TO YOU SO THAT YOU REPRESENTING THEIR PROPERTY OWNERS AWARE OF THIS ONE PERSON'S MINDSET AND THINKING.
SO, AND THAT WOULD MIRROR WHAT WE SAID TO YOU BACK JULY OF 24.
I'M, IF I RECALL, 'CAUSE I REMEMBER YOU SIR CAME BEFORE US ONLINE BACK THEN.
SO IF I THINK IT WAS YOU THAT CAME TO US, IT WAS, I RECALL.
BUT ANYWAY, SO THAT'S MY FEEDBACK AT THIS JUNCTURE, WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? IF NOT, THEN WE'LL GO TO THE OTHER SPEAKER AND WE CAN COME BACK TO THE APPLICANT.
SO WE'LL GO TO THE OTHER SPEAKER.
UM, CAN EVERYBODY HEAR, CAN YOU PLEASE? YES.
CAN YOU PLEASE PROVIDE VIDEO AS WELL? YEAH, I'M, I HAD A BUTTON A MINUTE AGO THAT GAVE ME THAT OPTION AND THAT BUTTON HAS GONE AWAY.
I HAVE SOME TECHNOLOGICAL CHALLENGES HERE.
UM, I YOU, YOU NEED, YOU NEED TO BE ON VIDEO.
UM, I DON'T KNOW WHY MY SCREEN OPTIONS HAVE CHANGED.
OKAY, IF YOU PLEASE, PLEASE PROVIDE YOUR NAME AND ADDRESS.
YES, MY NAME IS CINDY CHADWICK.
I AM AT 7 1 1 7 CHURCHILL WAY, DALLAS, TEXAS 7 5 2 3 0.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE PROCEED MA'AM, YOU, YOU LIKE, UH, ALL OUR SPEAKERS, YOU'RE GIVEN FIVE MINUTES TO PRESENT TO THE BOARD SO YOU CAN PROCEED.
I WILL ANSWER THOSE QUESTIONS THAT YOU GUYS HAVE.
UM, I DO HAVE JUST SOMETHING WRITTEN THAT I WANNA SAY BECAUSE I AM, YOU KNOW, AT RISK FOR RAMBLING.
[00:45:01]
WHICH I ACTUALLY CALL A NON NEIGHBORHOOD NEIGHBORHOOD RIGHT ACROSS THE STREET FROM MY FRONT DOOR IS AN EIGHT FOOT STONEWALL.UM, UM, WE DON'T HAVE NEIGHBORS THAT LIVE ACROSS THE STREET.
IT'S A QUIET LITTLE NEIGHBORHOOD.
UM, WE DON'T MIND THAT EIGHT FOOT STONEWALL AND THAT'S AN APPROXIMATION.
I DON'T KNOW EXACTLY WHAT THE HEIGHT OF THAT IS.
I TRULY FEEL LIKE I'M IN A PARK SETTING AS I DRIVE PAST A CITY PARK.
BASEBALL FIELDS TO MY LEFT, THE RECREATION CENTER TO MY RIGHT.
AND THE HANDFUL OF HOUSES RIGHT AROUND US ARE QUIET AND RESPECTFUL.
WE KEEP NICE HOMES AND NICE LANDSCAPED LAWNS.
AND THE GOAL WILL ALWAYS BE TO STAY THAT WAY WHILE WE ALSO KEEP A FAMILY MEMBER SAFE.
HE REALLY DOESN'T HAVE THE MEANS TO DO THAT FOR HIMSELF.
UM, FIVE YEARS AGO WHEN WE MOVED IN, UM, BY THE WAY, MY SON IS 15 AND HE IS JUST OVER FIVE FEET.
UM, HE HAS INTELLECTUAL DISABILITY, UM, AUTISM AND A RARE GENETIC ORDER CALLED PHALEN MCDERMOTT SYNDROME.
UM, FIVE YEARS AGO WHEN WE MOVED IN, HE HAD OTHER ACTIVITIES THAT KEPT HIM PHYSICALLY FIT, INCLUDING ROCK CLIMBING GYMS, THERAPY GEMS. UM, BUT HE'S DEVELOPED A SENSORY AVERSION TO THESE ACTIVITIES.
UM, SPENDING TIME IN THE FRONT YARD AND ON THE SWING UNDER THE BIG OAK TREES, WE DON'T HAVE TREES IN THE BACK, IS PRETTY MUCH THE ONLY PHYSICAL ACTIVITY WE CAN DO WITH HIM AT HOME NOW.
UM, WHAT WE HAVE LEARNED AS PARENTS OVER THE PAST 15 YEARS IS OUR SON, UM, WE HAVE TO BUILD A UNIQUE SITUATION AT HOME FOR HIM, PREPARED FOR HIS CHANGING NEEDS.
AND MAKING OUR HOME SAFE AND COMFORTABLE FOR HIM IS OBVIOUSLY IMPORTANT, NOT ONLY TO HIM BUT THE WHOLE FAMILY BECAUSE HOW HE ACTS AND FEELS AFFECTS US.
I UNDERSTAND THE SAFETY AND MY SON IN AND OF ITSELF ARE NOT THE PRIMARY, UM, CONCERNS HERE.
UM, SO I JUST WANNA REFER BACK TO THAT, THAT FIRST STATEMENT ABOUT, UM, THE NEIGHBORHOOD BEING VERY IMPORTANT TO US.
UM, I HAVE VERY NICELY WRITTEN SUPPORT LETTERS, UH, LETTERS FROM EVERY SINGLE NEIGHBOR ON EACH SIDE OF US SUPPORTING WHAT WE'RE DOING.
UM, AND I ALSO JUST WANNA CLARIFY ONE THING.
THE FENCE HEIGHT, ACTUALLY, FROM MY UNDERSTANDING WITH MY CONTRACTOR, THE, WE'RE ALLOWED FOUR FEET AND WE WILL BE BUILDING A FENCE ON THE FRONT AT LEAST FOUR FEET.
WE'RE ASKING FOR FIVE FEET BECAUSE IF WES ELOPES, WE ARE ALWAYS WITH HIM.
UM, BUT AS HE'S GETTING OLDER AND GETTING FASTER, A 15-YEAR-OLD CAN GO OVER A FOREFOOT FENCE PRETTY QUICKLY.
UH, PUTTING AN ADDITIONAL FOOT ON THE FENCE WILL ALLOW US MORE TIME JUST TO GET TO HIM.
AND THAT'S WHAT THE SUPPORTIVE LETTER BY HIS BEHAVIORAL THERAPISTS BY THE INDUSTRY STANDARD FOR AUTISM, UM, THAT SPEAKS TO CHILDREN WHO ARE KNOWN TO ELOPE, UM, SPEAKS TO, UM, THE FENCE ITSELF.
WE'RE ONLY ASKING FOR FIVE FEET, I BELIEVE, JUST FOR AESTHETIC PURPOSES.
WE HAVE, UM, A COUPLE OF GATES THAT MAY HAVE SOME, AN ARCH TO THEM.
THAT'S WHERE YOU GET THE ADDITIONAL SIX FEET, THAT'S MY UNDERSTANDING.
SO WE'RE ASKING FOR AN ACTUAL ADDITIONAL 12 INCHES JUST TO HELP ALLOW MORE TIME.
UM, IS THERE ANY QUESTIONS ABOUT THAT BEFORE I ADDRESS THE OTHER TWO QUESTIONS THAT, UM, I'M GONNA LET YOU COMPLETE YOUR PRESENTATION AND THEN WE'LL SEE IF THERE'S QUESTIONS.
UM, AS FAR AS THE LAKE IN THE BACKYARD, UM, AS I STATED WITH HIS CHANGING NEEDS, WE HAVE, WE MOVE AND SHIFT AND CHANGE AND WE HAVE FOR 15 YEARS NOW, BASED ON WHAT WE NEED TO DO TO KEEP HIM SAFE, HE CAN SWIM.
UM, WE HAVE A, A SPLASH POOL IN THE BACKYARD THAT'S FOUR FEET.
UM, IT'S NOT INTENDED TO BE A SWIMMING POOL.
IT'S, IT'S SORT OF LIKE A, A SPLASH POOL.
NOBODY HAS INTEREST IN GOING INTO THAT WATER.
IT'S REALLY PRETTY, BUT IT'S REALLY DIRTY.
HE'S NEVER OUT THERE WITHOUT US.
HE'S NEVER OUT OF A ROOM OR, UM, AROUND A WALL WITHOUT US.
UM, IF AT ANY POINT IN TIME WE NEED TO DEFENSE IN THAT BACKYARD, IF THAT BECAME A RISK OR A CONCERN, WE WOULD ABSOLUTELY DO THAT.
UH, JUST HASN'T BEEN SOMETHING THAT WE NEED TO DO AT THIS TIME.
UM, THE SPEEDERS DOWN CHURCHILL WAY, IT'S NOT, IT'S REALLY NOT EVEN THE, THE, THE PEOPLE WHO LIVE WITHIN LAKE FOREST, IT'S A DEAD END ROAD HERE.
SO WHEN PEOPLE TURN OFF HILLCREST AND THEY COME DOWN HERE AND THEY REALIZE, OH, I CAN'T GET ALL THE WAY TO 75, THEY FLOOR AND THEY GO BACK UP AND
[00:50:01]
IT'S DOWNHILL.WHEN WE MOVED IN FIVE YEARS AGO, THERE WAS NOT A SINGLE SPEED LIMIT SIGN ON THIS END OF CHURCHILL WAY, WHICH BLEW MY MIND BECAUSE THERE'S A REC CENTER, THERE'S BASEBALL FIELDS, UH, IT'S A CITY PARK.
WE HAVE NEIGHBORS THAT WALK ALL THE TIME.
I'VE SEEN, UM, TWO PEOPLE ACTUALLY NEARLY GET HIT RIGHT OUTSIDE OF MY HOUSE.
UM, I PULLED OVER AND TALKED TO A POLICE OFFICER IN THE, UM, TENNIS COURT PARKING LOT AND, AND INQUIRED ABOUT SPEED LIMIT SIGNS.
I DON'T KNOW WHAT HE DID OR HOW I GOT TO THE RIGHT PERSON, BUT TWO TO TWO WEEKS LATER, THERE WERE SPEEDS.
TWO SPEED LIMITS SIGNS UP AT SOME POINT IN TIME DOWN THE ROAD A COUPLE YEARS LATER.
THERE ARE A COUPLE OF ADDITIONAL SPEED LIMIT SIGNS NOW THAT HAVE BEEN PUT UP.
AND THEY'RE THE ONES WITH THE FLASHING.
IF YOU EXCEED IT TELLS YOU WHAT YOUR SPEED IS.
THERE'S STILL PEOPLE SPEEDING AND BARRELING DOWN THIS ROAD.
SO THIS IS A SAFETY MEASURE, UM, TO KEEP MY SON WHO HAS ELOPEMENT BEHAVIORS AND ELOPEMENT BEHAVIORS MEAN CHILDREN WITH AUTISM INTELLECTUAL DISABILITY.
IF THEY SEE A REASON OR A NEED, HE'S NOT FULLY VERBAL TO GO AND DART, HE WILL GO IN DART AND HE'S GOTTEN QUITE FAST AS HE'S GOTTEN OLDER.
SO THAT'S, THAT ADDRESSES THE SAFETY ISSUE.
UM, AND AS FAR AS THE SETBACK IN THE FENCE LINE, UM, MR. NEWMAN, AS, AS YOU SAID, YOU'RE CONCERNED ABOUT THE FENCE LINE.
THE FENCE LINE IS GOING TO BE WHERE IT IS.
WE'RE NOT ASKING TO MOVE IT FORWARD.
WE'RE NOT ASKING TO EXTEND OUR FRONT YARD.
WE'RE JUST ASKING FOR AN ADDITIONAL 12 INCHES ON WHAT'S ALLOWED TO GIVE US A BUFFER, IF YOU WILL, UM, TO ACCESS OUR SUN.
SHOULD HE TRY TO GO OVER? SO THE FENCE LINE WILL BE THERE REGARDLESS.
I WANNA GIVE YOU THE CHANCE TO FINISH WHEN YOU'RE OH, I, I, I I THINK THAT'S IT.
IF THERE'S ANY QUESTIONS, I'M, I'M HAPPY TO ANSWER.
BUT I JUST DO WANNA GO BACK TO, UM, AND I WISH WE HAD A, A PICTURE OF THE A 3D PICTURE OF THE DESIGN OF THE FRONT YARD.
I DON'T KNOW IF THAT WOULD MATTER OR NOT, BUT I THINK IT WILL, IT WILL BE VERY MUCH IN LINE WITH WHAT YOU SEE WHEN YOU COME DOWN HERE.
LIKE I SAID, THERE'S AN EIGHT FOOT WALL IMMEDIATELY ACROSS THE STREET.
WE'VE GOT A NEIGHBOR TWO DOORS DOWN THAT HAS THAT, UM, FRONT YARD WALL.
UM, IT'S JUST A UNIQUE NEIGHBORHOOD.
IT'S NOT A TYPICAL NEIGHBORHOOD AESTHETICALLY.
UH, QUESTIONS FOR THE APPLICANT OR THE HOMEOWNER FROM THE BOARD? FROM MR. N? YEAH.
UM, YEAH, MY QUESTION GOES DIRECTLY TO MS. CHADWICK.
UM, I, I ALSO, UM, SHARE MS. DAVIS'S CONCERNS IN PARTICULAR WITH REGARD TO THE BACKYARD SITUATION.
UH, I'M VERY EMPATHETIC TO YOUR SITUATION WITH YOUR SON THERE, BUT TO ME, IF, IF SAFETY REALLY WAS A PRIMARY, PRIMARY PARAMOUNT, UH, I WOULD THINK THAT YOU WOULD ALREADY HAVE THAT BACKYARD, UH, FENCED OFF OR SOMETHING SO THAT HE COULDN'T GET INTO THE LAKE.
I KNOW YOU SAID THAT HE HAS THE ABILITY TO SWIM, BUT TO ME THAT THAT JUST SEEMS ODD.
SO COULD YOU ELABORATE A LITTLE FURTHER ON THAT, PLEASE? UH, ABSOLUTELY.
IF WEST WERE TO GET INTO THE STREET AND GET HIT BY A CAR, WE CAN'T SAVE HIM.
IF, IF WES WERE TO DECIDE TO RUN AND JUMP IN THIS LAKE IN, IN WHICH HE CAN SWIM, WE CAN JUMP IN RIGHT BEHIND HIM AND SAVE HIM.
WE DO NOT LEAVE HIM UNSUPERVISED.
HE'S GOT THE INTELLECTUAL LEVEL OF MAYBE A 2-YEAR-OLD.
A CAR WILL KILL HIM, INSTANTLY COULD, UM, WE'LL BE RIGHT BEHIND HIM TO PULL HIM OUT OF THIS LAKE.
SO HE'S, HE'S NEVER IN THE BACKYARD ALONE.
WE, I'M, I AM SITTING IN OUR, OUR LIVING ROOM RIGHT NOW, ON THE OTHER SIDE OF A WALL HERE WE HAVE A DEN.
AND THAT'S KIND OF HIS TV ROOM THAT IS THE FURTHEST DISTANCE.
WE'VE GOT A VERY OPEN, ALRIGHT, SO I, I WANNA BRING THIS BACK TO CENTER.
UM, AND, UH, OUR RESPONSIBILITY IS LAND USE.
AND, UH, IT IS, AND THERE ARE MANY
[00:55:01]
SECTIONS IN THE DALLAS DEVELOPMENT CODE THAT TALKS ABOUT DIFFERENT TYPES OF LAND USE.SOME HAVE TO DO WITH SIGNAGE, SOME HAS TO DO WITH FENCES, SOME HAVE TO DO WITH SETBACKS, SOME HAS TO DO WITH HEIGHTS OF FENCES.
SOME HAVE TO DO WITH THE LOCATION OF FENCES.
SO NOWHERE IN OUR JURISDICTION IS THE WORD SAFETY NOW.
OH, I WOULD SAY WHEN PARKING, UH, WHEN WE, AND THOSE VISIBILITY TRIANGLES HAVE TO DO WITH SAFETY, BUT AS IT RELATES TO REQUESTS FOR LOCATION OF SIGN, UH, FENCES OR HEIGHT OFFENSES, IT SAFETY IS NOT PART OF THE STATED CODE.
NOW THAT DOES NOT ELIMINATE A, THE BOARD FROM USING THAT AS ONE OF THE MANY POTENTIAL FACTORS, BUT ARE ZOOM IN ON YOUR DESIRE FOR SAFETY OR NOT? UM, I MEAN I, YOU, YOU'RE RIGHT TO SAY WHAT YOU WANT TO SAY, BUT THAT, THAT DOES NOT, THAT IS NOT CENTRAL TO OUR ISSUE.
UM, I THINK THE QUESTION MR. NERI ASKED, AND MS. DAVIS ASKED BEFORE IS TRYING TO GET A, A, A PROXIMITY OF FENCE OR NO FENCE ON YOUR PROPERTY IN RELATION TO OTHER PROPERTIES AND THOSE PROPERTIES THAT TOUCH YOU BEING THE POND, THE NEXT DOOR NEIGHBOR, THE STREET, THE SIDE YARDS.
'CAUSE THOSE ARE ALL THINGS THAT GO TO THE ISSUE OF NEIGHBORING PROPERTIES AND HOW IT AFFECTS THINGS OR NOT.
SO, UM, I'M NOT TELLING ANYONE YOU PARTICULARLY NOT TO TO ADVOCATE ONE WAY OR THE OTHER.
I'M JUST SAYING TO YOU THAT OUR CRITERIA GOES BACK TO, AND I WILL READ IT AGAIN HERE, UH, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
I HAD MENTIONED TO YOUR REPRESENTATIVE THAT'S WITH US TODAY THAT MY HESITATION WAS AND CONTINUES TO BE THIS OPEN SPACE FEELING OF YOUR NON NEIGHBORHOOD, NEIGHBORHOOD AS YOU DELI IT AND THE PARK SETTING THAT YOU DESCRIBED AND THAT OPENNESS DOWN THAT STREET.
SO, UM, AND THE REASON YOU, THE BOARD OF ADJUSTMENTS HERE WITH REPRESENTATIVES FROM THROUGHOUT THE CITY IS TO TRY TO MAKE FAIR AND EQUITABLE DECISIONS BASED ON THE REQUEST AND THE IMPACT, UH, TO THE NEIGHBORING PROPERTY OWNERS.
SO I I WILL, I'M GONNA BE AS GENTLE AS POSSIBLE.
WE HAVE TO MAKE DECISIONS REGARDLESS OF THE CURRENT OCCUPANT OR THE CURRENT NEED OF THE PROPERTY.
OUR DECISION GOES TO THE PROPERTY, NOT THE OWNER OR THE RESIDENT OR THE TENANT OR THE USE.
SO WE HAVE TO LOOK PAST THE PROPERTY OWNER AND SAY THE PROPERTY, BECAUSE IF YOU OR SOMEONE ELSE HAD A NEED AND WAS PERSUASIVE AND THE FOLLOWING DAY YOU SOLD IT, THAT RIGHT GOES TO THAT PROPERTY, NOT TO THE NEXT NEED OR USE.
SO WE HAVE, WE HAVE TO, THAT SOUNDS LIKE WE'RE HEARTLESS.
THAT IS LAND USE 1 0 1 WHEN THE PLANNING COMMISSION GETS A, HAS A ZONING CASE OR PLANNING IS TO THE PROPERTY.
SO I I WANT TO TAKE US ALL BACK TO THE PROPERTY IN RELATION TO OTHER PROPERTIES.
MR. HAITZ, UH, I CONCUR, MR. CHAIRMAN.
I WOULD ALSO POINT OUT THAT WHILE WE ALWAYS SOLICIT THE INPUT OF NEIGHBORS AND WE REVIEW THE INPUT OF NEIGHBORS, UH, TODAY'S NEIGHBORS COULD NOT BE TOMORROW'S NEIGHBORS.
AND SO WHILE WE, WHILE WE TAKE THAT INFORMATION AND, AND GIVE IT WHATEVER WEIGHT WE GIVE IT, IT'S NOT, UM, DETERMINATIVE OF, OF, OF HOW WE SHOULD DECIDE.
OTHER QUESTIONS FOR THE APPLICANT OR THE HOMEOWNER? MAY I JUST ASK A QUESTION? OH, YOU'RE GONNA ASK A QUESTION OF US.
UM, MY UNDERSTANDING IS WE CAN BUILD A FENCE THAT'S AT FOUR FOOT BY RIGHT AT FOUR FOOT.
AND I JUST WANNA CLARIFY, NOBODY'S TALKED ABOUT THE STRUCTURE OF THIS FENCE.
WE'RE NOT TALKING ABOUT A PRIVACY FENCE OR ANYTHING.
WELL, YOU SAID THAT, MA'AM, AND I LOOKED AT THE DRAWINGS THAT YOU, YOU SUBMITTED AND THE DRAWINGS YOU SUBMITTED.
LOOKS LIKE IT'S PRETTY WITH THE VEGETATION YOU'RE PLANNING PUT ON, IT'S PRETTY BLOCKING AS IT RELATES TO THE STREET SCAPE.
OH, WE HAVE NOT PU APPROVED THE VEGETATION.
THAT'S JUST THE WELL, I'M JUST LOOKING WHAT YOU SUBMITTED TO US.
YEAH, I, I THAT WOULD'VE BEEN, UM, MS. HERNANDEZ, BUT, BUT WE RESPOND TO WHAT YOUR REPRESENTATIVE AND YOU PROVIDE US AND, UM, I UNDERSTAND.
UM, WE JUST, WE HAVE NOT PICKED ANY
[01:00:01]
LANDSCAPING.WHAT ARE THE QUESTIONS DOES THE BOARD HAVE FOR THE APPLICANT OR THE HOMEOWNER, MR. NER? ANY OTHER QUESTIONS? OKAY, THANK YOU VERY MUCH.
UM, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HAITZ, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 2 2 ON THE APPLICATION OF MONICA HERNANDEZ DENIED A SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FIVE FOOT, SIX INCH FIVE FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BDA 2 45 DASH 0 2 2.
MR. KOVI MOVED TO DENY WITHOUT PREJUDICE THE REQUEST FOR A SPECIAL EXCEPTION, UM, ON FENCE HEIGHT.
IS THERE A SECOND TO THE MOTION? SECOND, IT'S BEEN SECONDED BY MS. DAVIS DISCUSSION OF THE MOTION, MR. KOVI THEN MS. DAVIS, MR. KOVI.
UM, WE GET CASES THAT ARE EXTREMELY DIFFICULT.
THIS IS ONE OF THOSE, UH, IT, IT, IT WOULD BE, UM, EASY TO SYMPATHIZE WITH THE APPLICANT AND THE HOMEOWNER, UH, IN THIS SITUATION.
BUT, UM, AS, AS I HAVE INQUIRED ON IN THE PAST ABOUT THE PARTICULARS OF THE PEOPLE RESIDING IN A PROPERTY WHEN WE'RE DECIDING ON SOMETHING, I'VE BEEN ADMONISHED FOR DOING THAT.
'CAUSE AS OUR CHAIRMAN SAID, WE'RE NOT MAKING A DECISION BASED ON WHO LIVES IN THE HOUSE TODAY.
AND UNFORTUNATELY, I, I LOOK AT THE NEIGHBORHOOD AND THE SURROUNDING HOUSES, AND I THINK THAT THIS WOULD REALLY, UH, UH, IMPACT IN A NEGATIVE WAY.
THE, THE, THE CHARACTER OF THAT, OF THAT AREA AS YOU'RE DRIVING, AS YOU'RE DRIVING THROUGH THERE.
UH, POSSIBLY THE, THE NEIGHBORHOOD COULD GET TOGETHER AND PUT SPEED BUMPS IN IF SPEEDING DRIVERS ARE A PROBLEM.
BUT, UM, I'M AFRAID THAT, UH, I CAN'T GET BEHIND, UH, OFFENSE EXCEPTION.
THANK YOU, MR. KOVIC, MS. DAVIS.
I'M SUPPORTING THIS MOTION BECAUSE I, I, I AM CONCERNED ABOUT THAT, THAT LOOK, THAT CONSISTENCY ALONG THE, THE FRONT OF ALL THE PROPERTIES.
AND I UNDERSTAND YOU ARE ABLE TO PUT IN A FOUR FOOT FENCE, AND I WOULD, YOU KNOW, IF THAT'S SOMETHING THAT YOU WANNA DO, I WOULD GO RIGHT AHEAD AND DO THAT.
BUT I, I CAN'T, I, I DON'T SEE THE JUSTIFICATION ADDING ANOTHER FOOT AND A HALF.
AND I REALLY THINK IT DISRUPTS THE BEAUTY OF THE FRONT OF THAT NEIGHBORHOOD, WHICH IS WHY I'M SUPPORTING THIS MOTION.
MR. KOVIC THEN MR. FLEMING, DID YOU HAVE COMMENT? I WOULD, I WOULD JUST POINT OUT TO THE, UM, TO THE APPLICANT AND THE HOMEOWNER.
UM, WE, UH, CORRECT ME IF I'M WRONG, MR. WE DON'T REGULATE LANDSCAPING IN THE FRONT OF A HOUSE, IS THAT CORRECT? UM, COMMERCIALLY WE DO, BUT RESIDENTIAL WE DO NOT, I DON'T THINK UNLESS IT BECOMES A VISIBILITY ISSUE.
VISIBILITY TRIANGLES OR LANDSCAPE IN THE VISIBILITY TRIANGLE WOULD BE SOMETHING REGULATED BY ARTICLE 10.
TRYING TO GO BACK TO ARTICLE, THE RESIDENTIAL PORTIONS OF ARTICLE 10 IN, I DON'T REMEMBER ANY, ANYTIME WE WOULD OPINE ON LANDSCAPING.
I THINK THE ONLY RESIDENTIAL REQUIREMENTS UNDER ARTICLE 10 ARE IT'S YOU, YOU'VE GOTTA, FOR NEW RESIDENTIAL STRUCTURES, YOU HAVE TO HAVE A TREE.
A TREE, MAYBE TWO DEPENDING ON THE LOT SIZE, BUT GENERALLY SHRUGGED AND WHATNOT, UH, FOR RESIDENTIAL.
SO ESSENTIALLY THEY COULD PUT IN HOWEVER HIGH A SET OF SHRUBS THEY WANTED TO IN FRONT OF THE PROPERTY, COULD THEY NOT THERE? IT'S NOT, IT'S NOT A MATTER FOR THIS BOARD TO RULE ON.
THE, THAT'S NOT BEFORE THIS BOARD, AND I CANNOT THINK OF ANYTHING WITHIN ARTICLE 10 THAT WOULD BOTH OF IT.
SO I, UH, AM NOT GOING TO BE SUPPORTING THE MOTION.
UM, AND BASED ON THE OTHER SPEAKERS, I CAN SEE THAT, UH, I HAVE A REAL UPHILL BATTLE.
SO I WOULD JUST ASK THAT EVERYONE KEEP AN OPEN MIND.
UM, ZEROING IN ON THE, UH, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
I AM CERTAINLY WEIGHING IT AS, UH, ONE OF THE STRONG POINTS THAT THE NEIGHBORHOOD SEEMS TO BE IN A PRETTY STRONG CONSENSUS
[01:05:01]
THAT I DON'T THINK THAT WE SEE TOO OFTEN AT THIS BOARD THAT, UH, SAYING THAT THEY DON'T BELIEVE THAT THIS WILL AFFECT THE NEIGHBORING PROPERTY, UM, WHICH, YOU KNOW, IS THEIR PROPERTY.SO I, I'M INCLINED TO TAKE THEIR WORD ON IT.
UH, BUT BEYOND THAT, THE, I, I DON'T THINK THAT WITH THAT ALONE, THAT I WOULD APPROVE OFFENSE IN THIS CASE.
BUT I DO FIND IT FAIRLY RELEVANT THAT, YOU KNOW, ON ONE SIDE OF THE STREET IS THIS WOMAN'S YARD, ON THE OTHER SIDE OF THE STREET IS FENCE.
YOU KNOW, IT'S, IT'S, THAT'S SOMETHING THAT IF IT WERE JUST A, THE, THE FACT THE FENCE IS NOT, YOU KNOW, UM, SOMETHING THAT WE GRANTED, YOU KNOW, LIKE THAT IT'S A LITTLE BIT OF A SPECIAL CIRCUMSTANCE, BUT IF, IF IT WERE THE CASE THAT THE OTHER SIDE OF THE STREET WAS JUST A SERIES OF INDIVIDUAL HOMES WITH FENCES THAT SIZE, I DON'T THINK THAT WE WOULD REGARD THE NEIGHBORHOOD AS ONE WHERE FENCES WERE UNCOMMON.
UH, THE FACT THAT THERE'S ALSO ANOTHER FENCE TWO DOORS DOWN.
IT'S A WEIRD CASE, UH, THE WAY THE SPECIFIC HOUSE IS SITUATED.
BUT JUST GOING ON, YOU KNOW, DOES THE SPECIAL EXCEPTION ADVERSELY AFFECT NEIGHBORING PROPERTY? THE FACT THAT THERE'S A NEIGHBORING PROPERTY THAT HAS THE SAME FENCE, AND, YOU KNOW, ESPECIALLY WHENEVER SHE'S TALKING ABOUT A FOOT AND A HALF ON A, WHAT'S GOING TO GO IN ANYWAYS, I, I HAVE A HARD TIME SEEING THAT THE, UH, THE SPECIAL EXCEPTION IS GOING TO ADVERSELY AFFECT THE NEIGHBORING PROPERTY.
THAT, THAT IT'S JUST ONE FOOT IN A AREA WITH A LOT OF FENCES, WITH A SET OF NEIGHBORS WHO ARE ALL SEEM PRETTY ENTHUSIASTIC ABOUT SUPPORTING THIS WOMAN'S MISSION TO GET THIS FENCE BUILT FIRST ON.
IT, IT FEELS TO ME LIKE I, I WOULD CERTAINLY, YOU KNOW, UM, VOTE AGAINST THE MOTION TO DENY AND WOULD SUPPORT A MOTION TO GRANT.
THANK YOU, MR. FLEMING COMMENTS, MR. NERING? UM, YEAH, I'M, I, I'M ACTUALLY, UH, LEANING TOWARD, UH, WHAT MR. FLEMING SAID.
I, I THINK THAT THE APPLICANT HAS REALLY DONE HER DUE DILIGENCE IN SECURING, UH, THE SUPPORT OF THE SURROUNDING NEIGHBORS.
E ESPECIALLY WITHIN, IM IMMEDIATELY ADJACENT TO HER PROPERTY, AND, AND THERE'S BEEN NO EXPRESSED OPPOSITION.
UM, UM, YEAH, IT IS, IT WOULD BE KIND OF A, UH, AN EXCEPTION TO THE NEIGHBORHOOD.
UH, CHURCH HILL IS A MODERATELY BUSY STREET.
UM, IT'S NOT FOREST OR ROYAL LANE, OBVIOUSLY, BUT IT'S A MODEST, MODEST, MODERATELY BUSY STREET.
UM, SO I'M KIND OF, UH, LEANING, LEANING THAT WAY IN VOTING AGAINST THE, UH, MOTION, UH, BECAUSE OF THE FACT THAT THE NEIGHBORS DO SUPPORT IT AND THAT THERE IS NO OPPOSITION.
I WAS, YOU KNOW, I WAS ABOUT TO SAY I'M ON THE FENCE,
ON ONE HAND, I'M LOOKING AT THE MAP AT, WITH THE SURROUNDING PROPERTIES, AND I'M SEEING ALL YESES, AND THAT IS PART OF OUR CRITERIA.
ON THE OTHER HAND, I'M BEWILDERED ABOUT WHAT THE APPLICANT SAID OR DIDN'T SAY ABOUT THE FENCING ADJACENT TO THE POND.
AND THE RATIONALE FOR THE APPLICANT IS THE SAFETY FOR THEIR CHILD.
YET THE POND IS TOTALLY UNFENCED.
UM, I, I'M JUST REPLAYING THE COMMENTS THAT I'VE HEARD.
I SAW THE VIDEO THIS MORNING AND SAW UP AND DOWN CHURCHILL WAY AND THEN AROUND THE CORNER TO REC AND RIDGE, AND THERE'S NOT A FENCE IN SIGHT, AND IT'S ALL OPEN PLAIN.
UM, THE COMMENTS ABOUT THE FENCE ACROSS THE STREET, WHICH IS ON THE SOUTH SIDE OF CHURCHILL WAY, IS A SOLID EIGHT 10 FOOT FENCE.
THAT IS, IF I REMEMBER THE VIDEO AND THE PICTURES WE SAW THIS MORNING IS A GOOD 10 FEET, MAYBE MORE THAN 10 FEET AWAY FROM THE CURB.
SO IT DOESN'T REALLY ENCROACH, IT DOESN'T ENCROACH THE STREET AT ALL.
AND THAT'S FOR THAT NEIGHBORHOOD.
I CAN'T REMEMBER THE NAME OF THAT NEIGHBORHOOD.
AND THE APPLICANT SAID SHE MOVED IN FIVE YEARS AGO.
I PROMISE YOU THAT FENCE WAS THERE LONG BEFORE FIVE YEARS AGO.
SO THE APPLICANT MOVED IN WHEN THE FENCE WAS THERE, AND WE PRESUME THE FENCE AS PART OF THE PLATTING AND THE ZONING AND THE DEVELOPMENT WAS APPROVED AND THE EXTERIOR, I PRESUME THAT, SO THAT FENCE WAS PREDATED
[01:10:02]
THIS, IT PREDATED THIS APPLICANT'S PURCHASE THE PROPERTY, WHICH AGAIN GOES TO THE ISSUE THAT WHAT WE HAVE TO GO TO, WE HAVE TO BE, WE HAVE TO BE FOCUSED ON IS THE PROPERTY NOT THE TENANT OR THE PROPERTY OWNER OR THE USE.AND THEREIN LIES MY CONFLICT IS THAT I'M TRYING TO, I'M TRYING TO BALANCE THE FACT THAT THERE ARE NO FENCES IN THE FRONT YARD, IN THE PRACTICAL FRONT YARD, ANYWHERE, DOWN CHURCH OR WAY.
AND BECAUSE OF OUR VIDEO THIS MORNING SHOWED NO FENCES ALONG, AS I SAY AGAIN, BRECKENRIDGE DRIVE, UH, AND THERE'S CERTAINLY NONE ALONG THAT PARK THAT'S FARTHER AWAY THAT WE SAW TO THE RIGHT.
SO AS TO SPEED OR NOT ALONG CHURCH OR AWAY, UH, IF I REMEMBER THERE, WE WENT THROUGH, THERE'S A SECURITY GATE AT THE EASTERN END OF THAT, WHICH CREATES A NATURAL CALMING OF, OF CARS THAT COME IN THERE.
I THINK THE APPLICANT SAID IT'S THE SPEED, THE OTHER DIRECTION WHEN PEOPLE TURN AROUND.
UM, SO I'M, I'M NOT PERSUADED YET.
I'M NOT PERSUADED TO GRANT, AND THE BURDEN ALWAYS FALLS ON THE APPLICANT.
AND SO, UH, THAT'S KIND, I MEAN, THE APPLICANT CAN, CAN BUILD A FOUR FOOT FENCE, UM, BY, RIGHT.
UH, WHAT THE APPLICANT IS ASKING FOR IS 18 INCHES ABOVE THE STANDARD TO FIVE INCHES TO FIVE FOOT SIX INCH.
SO THAT'S SIX PLUS 12, THAT'S 18 INCHES.
THAT'S WHAT THE APPLICANT'S ASKING FOR.
SO THAT'S KIND OF WHERE I'M FALLING RIGHT NOW.
SO I WANNA REMIND THE PANEL AGAIN.
IT REQUIRES FOUR VOTES, UH, FOR THIS SPECIAL EXCEPTION.
SO ANYWAY, THAT WHAT WE'RE, WHAT WE'RE DOING IS DEBATING IN PUBLIC, BECAUSE THAT'S WHAT THE STATUTE CALLS FOR.
WE DON'T GO TO THE BACK ROOM AND HASH IT OUT OR CUT A DEAL, NO DEALS, NO BACK ROOM THAT WE'RE DEBATING IN PUBLIC.
SO WHO WOULD LIKE TO BE RECOGNIZED TO SPEAK NEXT? I THINK I SEE MR. FLEMING.
I GUESS JUST ONE THING I'D LIKE TO ADD ABOUT THE NEIGHBORHOOD CONSENSUS HERE IS I DO FIND IT NOTABLE THAT THERE WAS THE PREVIOUS CASE WHERE THEY WERE ATTEMPTING TO BUILD A, A LARGER FENCE, RIGHT? AND OH, NO, THIS CASE, THIS, YES, YES.
UH, THEY WERE ASKING FOR SEVEN FEET, SIX INCHES.
I HAVE NO SPECIFIC KNOWLEDGE, BUT ALL OF THIS IMPLIES TO ME THAT THERE WAS PROBABLY, YOU KNOW, 'CAUSE WE DENIED IT BACK THEN, I WOULD ASSUME THAT WAS BECAUSE THERE WAS OPPOSITION FROM THE NEIGHBORHOODS AT THAT TIME.
SAY, UM, WHAT, FROM WHAT I RECALL, NO.
THERE WAS NO ANYONE IN FAVOR OR AGAINST, BUT IT WAS SEVEN FEET, SIX INCHES, AND IT WAS WOW.
IN AN OPEN SPACE, OPEN SPACE ENVIRONMENT.
SO IT WAS NO, NO ONE IN FAVOR, NO ONE OPPOSED SEVEN FEET, SIX INCHES AND AN OPEN SPACE.
IF IT WAS NO ONE IN FAVOR IN SEVEN FEET, I'D BE EASILY VOTING NO RIGHT NOW.
BUT THE, THE ENTIRE WAY THIS IS UNFOLDED, THE FACT THAT THEY HAVE SEVEN LETTERS OF SUPPORT IMPLIES TO ME, UH, CONVERSATION WITH THE NEIGHBORHOOD WHERE THEY'RE, YOU KNOW, THEY'RE, THEY'RE REALLY ENGAGING PEOPLE ABOUT, IS THIS A GOOD IDEA? IS THIS SOMETHING WE WANT FOR OUR NEIGHBORHOOD? AND IF SEVEN PEOPLE ARE COMING FORWARD AND SAYING AFFIRMATIVELY, YES.
YOU KNOW, IT'S JUST ONE OF THOSE SITUATIONS WHERE I CERTAINLY HAVE MY OWN OPINION.
LIKE, YOU KNOW, IF I WERE THE NEIGHBOR AND THEY ASKED ME, I WOULD BE WRITING A LETTER SAYING NO.
IF IT WAS THIS SORT OF, UH, YOU KNOW, SO THAT'S AN INTERESTING QUESTION, MR. FLEMING.
WHY WOULD YOU SAY NO? THIS IS ALL WITHIN BOUNDARIES OF US DEBATING, THERE'S A LIVE MOTION ON THE FLOOR.
SO WHY WOULD YOU SAY NO, THEN? I'M PRETTY SENSITIVE IN MY OWN PERSONAL AESTHETIC ABOUT THINGS LIKE THE ISSUES YOU'RE RAISING.
I THINK THEY'RE VERY VALID THAT THERE'S, YOU KNOW, A SERIES OF OPEN YARDS AND THEN, YOU KNOW, CLOSING ONE OFFICE, THEN WE SEE SO MANY CASES THAT COME HERE WHERE THEY SAY, WELL, IT'S FINE BECAUSE I HAVE, BECAUSE MY NEIGHBOR DID.
SO IF YOU ABSOLUTELY, I, I'M DEFINITELY FAMILIAR WITH ALL OF THOSE KINDS OF THINGS, BUT I DON'T THINK THAT THIS SHOULD COME DOWN TO JUST, YOU KNOW, THE, THE WHOLE CITY SHOULD JUST ADOPT MY AESTHETIC PREFERENCES.
YOU KNOW, I, I THINK THAT'D BE A WONDERFUL WAY FOR US TO GOVERN.
BUT I, YOU KNOW, I SEE THE, THE PITFALLS TOO.
UH, SO THAT'S WHY IN THESE CASES, I TRY TO REALLY VALUE THE INPUT OF THE NEIGHBORHOOD.
AND WHENEVER I SEE SEVEN LETTERS IN FAVOR, UH, OF A CASE THAT PREVIOUSLY HAD ZERO IN FAVOR, UM, IT, IT SAYS TO ME THAT THERE'S BEEN A DISCUSSION ABOUT THIS.
THEY'RE ENGAGING WITH THEIR NEIGHBORS AND THAT THE NEIGHBORS UNIFORMLY FEEL COMFORTABLE WITH IT.
SO, YOU KNOW, THEN SHOULD IT JUST BE MY AESTHETIC PREFERENCES OVERRIDE THAT? OR IF THE NEIGHBORHOODS ARE SAYING, WE AS THE OWNERS OF THE PROPERTY DO NOT FEEL THAT THIS WOULD ADVERSELY AFFECT OUR PROPERTY, SHOULDN'T THAT BE SOMETHING THAT'S
[01:15:01]
PRETTY PERSUASIVE TO US? THAT IS PRECISELY WHY I AM ON THE FENCE.BUT IT TAKES FOUR VOTES AND I'M NOT CONVINCED YET.
SO I HAVE MR. KOVI THEN MS. DAVIS.
OKAY, MS. DAVIS, THEN MR. KOVI, UM, JUST, JUST TO RESPOND TO SOME OF YOUR COMMENTS AND TO YOUR, YOU KNOW, FEELING THIS INDECISION.
I REALLY FEEL THAT WE NEED TO MAKE LONG TERM DECISIONS FOR THE GOOD OF DALLAS.
AND IT'S NOT JUST ONE NEIGHBORHOOD, IT'S THE ENTIRE DESTINATION.
AND WHEN YOU'RE LOOKING AT THE CONTINUITY, YOU CAN SEE IN THE NEIGHBORHOOD, THERE'S, THERE ARE VERY LIMITED FENCES.
THAT ONE FENCE, THAT'S ALL I'M SEEING.
I'M NOT SEEING ANYTHING OTHER THAN THAT.
SO I THINK FROM A DESTINATION PERSPECTIVE AND LOOKING AT THE NEIGHBORHOOD WITH A LONG-TERM LENS, IT IS THE RIGHT DECISION TO NOT HAVE THAT HAVE SOMETHING THAT IS BLOCKING THAT CONTINUITY.
AND TO YOUR ARGUMENT OF, WELL, THEY'RE ONLY ASKING FOR 18 INCHES.
WELL, IT IS 18 INCHES, SO JUST BE COMPLIANT.
BILL DEFENSE, THAT'S FOUR FEET CALL.
UM, I KNOW THAT WE'RE NOT SUPPOSED TO, UM, SAFETY'S NOT SUPPOSED TO BE A CONSIDERATION OF OURS.
THAT'S WHAT IT'S CORRECT, CORRECT.
IT'S, IT'S SOMETHING WE'RE DISCUSSING.
UH, YOU KNOW, I WOULD JUST REALLY ENCOURAGE TO FENCE, YOU KNOW, YOU'VE GOT THE OPPORTUNITY TO FENCE IN YOUR BACKYARD AND TO, TO CREATE A CONTAINED SPACE.
SO IF THAT IS A CONSIDERATION, 'CAUSE RIGHT NOW HE CAN RUN FROM THE BACKYARD OUT TO THE FRONT YARD OUT TO THE STREET.
I WOULD LOOK AT THAT AS A SOLUTION, MAINTAINING THAT CONTINUITY ALONG THE FRONT OF THAT COMMUNITY.
I THINK THAT IS A BETTER LONG-TERM SOLUTION FOR THAT, UM, NEIGHBORHOOD.
YEAH, I WOULD ALSO REITERATE THAT, UM, GIVEN THE CONCERNS THAT HAVE BEEN EXPRESSED, THOSE CONCERNS CAN POSSIBLY BE ADDRESSED USING, UH, LANDSCAPING TO WHICH NO, UH, VARIANCES NEEDED TO, TO ENCLOSE THE AREA WITH LANDSCAPE.
UM, YEAH, I, I SEE MR. HOPKINS'S POINT AS WELL.
UH, YOU KNOW, IF, IF THE IDEA IS TO PROVIDE A BARRIER OF SECURITY FOR THE SUN, UM, I THINK THE SAME EFFECT COULD BE ACCOMPLISHED, UH, VIA HEDGES.
UH, MY FRONT YARD EXAMPLE, I HAVE A, A LARGE HEDGE OF, UH, NELLY R STEVENS, UH, IN THE FRONT, THERE'S NO FENCE, BUT, BUT IT EFFECT, I DIDN'T KNOW YOU WERE A LANDSCAPER, JAY
IT'S, IT'S, IT'S AN EFFECTIVE, UH, PRIVACY AND, AND EGRESS RESS BARRIER.
SO THAT'S SOMETHING THAT THE APPLICANT, I THINK SHOULD ALSO POSSIBLY CONSIDER, UM, AS FAR AS THE FRONT YARD.
SO THAT'S, THAT'S JUST ANOTHER ALTERNATIVE.
UM, I DON'T THINK WE'RE GONNA GET TO FOUR VOTES TO GRANT THE SPECIAL EXCEPTION.
AND SO I'M LOOKING AT IT FROM A STRATEGIC, OR FROM A NUMERICAL STANDPOINT AT THIS POINT, UM, IN AND OF THE FACT THAT THIS WILL PROBABLY GO DOWN WITHOUT PREJUDICE.
UH, BUT THE APPLICANT I DO THINK HAS O OTHER OPTIONS AVAILABLE TO THEM.
SO THAT'S, THANK YOU, MR. NERING.
OTHER DISCUSSIONS ON THE MO OR WE DON'T ON THE MOTION? ON THE MOTION ON THE FLOOR TO DENY WITHOUT PREJUDICE DISCUSSION ON THE MOTION.
I, I EVEN HESITATE TO, TO THINK OF A FOUR FOOT FENCE IN THE FRONT YARD.
AND WHAT IT WOULD DO TO INTERRUPT THE, THE PARK SETTING, THE NON NEIGHBORHOOD NEIGHBORHOOD.
UH, BUT BY, RIGHT, THEY HAVE FOUR FEET AND THAT IS BY, RIGHT? AND WE STAY OUT OF THAT.
THAT'S, I'M A BIG PROPERTY RIGHTS PERSON.
I, I'M JUST NOT CONVINCED YET ON, YOU KNOW.
SO WHAT OTHER DISCUSSION? ANY OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IN BDA 2 4 5 DASH 0 2 2 IS A MOTION TO DENY WITHOUT PREJUDICE.
ARE WE READY FOR A VOTE? THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION TO DENY WITHOUT PREJUDICE PASSES FOUR TO ONE IN THE MATTER OF BDA 2 45 DASH 0 2 2.
THE BOARD OF ADJUSTMENT BY A VOTE OF FOUR TO ONE DENIES THE REQUEST WITHOUT PREJUDICE FOR A SPECIAL EXCEPTION FOR THE FENCE HEIGHT STANDARD.
UH, YOU'LL GET A DECISION LETTER BY OUR BOARD'S ADMINISTRATOR WITHIN TWO DAYS.
BOARD MEMBERS, THAT'S THE LAST OF OUR, OUR CASES TODAY.
[01:20:01]
OF ADJUSTMENT HEARING IS FOR PANEL A.IT IS THE 18TH OF MARCH AT 10 30 IN THE MORNING, AND WE HAVE SIX CASES DOCKETED RIGHT NOW FOR PANEL A ON THE 18TH OF MARCH.
THAT BEING SAID, IT IS 2:20 PM ON THE 18TH OF FEBRUARY.
THE BOARD OF ADJUSTMENT PANEL A IS HEREBY ADJOURNED.