* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          CAN I GO? 
          [00:00:01]
HI, 
          [Board of Adjustments: Panel B on February 19, 2025.]
GOOD MORNING AND WELCOME TO THE BOARD OF ADJUSTMENT. 
          I'M SHERRY GABO AND I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT AND ITS PANEL B. 
          TODAY IS WEDNESDAY, FEBRUARY 19TH, 2025, AND IT IS 1:02 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT 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. 
          UH, FOR THE BOARD THIS AFTERNOON, WE HAVE MYSELF, SHERRY GABO, JOE CANNON, PARKER GRAHAM, ANDREW FINNEY, AND PHIL SAUK. 
          STAFF. 
          PRESENT TODAY IS MATTHEW SAPP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY. 
          WE ALSO HAVE JUSTIN YAO CITY INTERN. 
          WE HAVE DR. 
          KAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, MARY WILLIAMS, OUR BOARD SECRETARY OF MEETING. 
          MODERATOR DIANE BARUM. 
          SARAH MAY, BRIAN TO, AND BRIAN THOMPSON. 
          ALRIGHT, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED. 
          MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL, WILL 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 AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING. 
          ANY EVIDENCE THAT YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY CASE THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED. 
          THIS EVIDENCE MUST BE RETAINED IN THE BOARD OFFICE, UM, AS PART OF PUBLIC RECORD FOR EACH CASE APPROVALS OF A VARIANCE, A SPECIAL EXCEPT OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE PANEL FIVE MEMBER PANEL. 
          ALL OTHER MOTIONS JUST REQUIRE A SIMPLE MAJORITY VOTE. 
          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 THE PUBLIC RECORD FOR EACH CASE. 
          ANYONE DESIRING 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 REGISTER ONLINE SPEAKERS MUST BE PRE PRESENT ON VIDEO TO ADDRESS THE BOARD. 
          NO TELECONFERENCING WILL BE ALLOWED BY VIA WEBEX. 
          ALL COMMENTS ARE BE DIRECTED TO THE PRESIDING OFFICER WHO MAY NOTIFY, MODIFY SPEAKING TIMES IS NECESSARY TO MAINTAIN ORDER. 
          UM, DO WE, WE WILL, UM, AS I MENTIONED IN THE BRIEFING, WE WILL, UM, WE'RE GONNA CHANGE THE, UM, AGENDA JUST SLIGHTLY AND WE'LL START WITH BDA 2 4 5 DASH 0 1 4 AS OUR FIRST CASE. 
          BUT BEFORE WE BEGIN THAT, UM, WE NEED TO GO THROUGH AND APPROVE OUR BOARD MINUTES, BOARD MINUTES FROM LAST WEEK. 
          DOES ANYBODY LIKE MAKE MOTION, UH, QUESTION, WERE THE MINUTES UPDATED? YES. 
          OKAY. 
          OKAY. 
          UM, I'LL MAKE A MOTION TO APPROVE THE MINUTES FROM THE JANUARY 22ND MEETING AS AMENDED. 
          I SECOND YOU AND ALL IN FAVOR SAY AYE. 
          AYE. 
          AYE. 
          AYE. 
          MOTION PASSED? NO. 
          SO, UM, JOE MADE THE MOTION AND, UM, ANDREW FITTING SECOND DO IT. 
          OKAY. 
          UM, THEN WE WILL MOVE ON TO OUR FIRST CASE UNLESS WE HAVE ANY PUBLIC SPEAKERS, NO PUBLIC SPEAKERS REGISTER. 
          UM, WE WILL START WITH OUR FIRST CASE, WHICH IS BDA 2 45 DASH 4 31 46, CLYDE DALE DRIVE. 
          IF THE APPLICANT WILL PLEASE STEP FORWARD TO THE PODIUM. 
          GOOD AFTERNOON. 
          UM, IF YOU'LL, IF, UM, IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND IF THERE ARE OTHER FOLKS THAT ARE GONNA BE SPEAKING ON THIS, WE'LL SWEAR YOU ALL IN AT THE SAME TIME. 
          UM, WE ALSO, UM, BECAUSE YOU HAVE AN INTERPRETER INSTEAD OF FIVE MINUTES, YOU HAVE 10 MINUTES FOR YOUR PRESENTATION. 
          JUST, OKAY. 
          AND WHAT IS YOUR ADDRESS? OKAY. 
          AND MARY, DO WE WANNA SWEAR EVERYBODY IN FOR THIS CASE? I AM GONNA, I'M GONNA SAY IT IN ENGLISH AND SPANISH. 
          PERFECT. 
          OKAY. 
          DO YOU ALL SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? UM, OKAY. 
          OKAY. 
          OKAY, MS. BLANCA, YOU HAVE, YOU HAVE 10 MINUTES 
          [00:05:03]
WEB, CAN YOU TURN ON THE MIC PLEASE? JUST PRESS THE GREEN BUTTON THERE. 
          THERE. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          UM, UM, I'M HERE AS THE APPLICANT, BUT, UH, UH, I THINK MR. JUAN MENDEZ IS THE PERSON WHO WOULD LIKE TO SPEAK, UM, MORE ABOUT THE, UM, THIS PROJECT. 
          UH, WE TRY TO GET SOME, UM, EVIDENCE AND IT WAS VERY HARD FOR US. 
          AND, UM, BUT, UM, HIM, AS WITH THE INTERPRETER, UM, HE'S GOING TO SPEAK TO YOU MORE ABOUT THE PROJECT. 
          I JUST WANTED TO SHOW UP HERE AS THE APPLICANT, BUT HE'S THE ONE THAT CAN EXPLAIN MORE TO YOU ABOUT THIS PROJECT. 
          THAT SOUNDS GREAT. 
          WE'LL HAVE HIM COME UP. 
          THANK YOU. 
          MM-HMM . 
          IF YOU CAN HAVE HIM STATE HIS NAME AND ADDRESS FOR THE RECORD. 
          AND I, DOES THE INTERPRETER NEED TO SAY HER NAME AND ADDRESS FOR THE RECORD? PROBABLY NOT. 
          OH. 
          SO IF YOU HAVE HEARD HIM, STATE HIS NAME AND ADDRESS FOR THE RECORD. 
          GOOD AFTERNOON. 
          MY NAME IS JUAN GABRIEL. 
          GABRIEL MENEZ MENEZ. 
          MY ADDRESS IS 31 46. 
          UH, CLAY DALE DRIVE, DALE DRIVE, DALLAS, DALLAS, TEXAS 75 2 20. 
          OKAY. 
          YOU MAY PROCEED. 
          WHAT DO I SAY? WELL, I, I I GUESS WE'RE LOOKING TO SEE, UM, , WHY WE SHOULD, UM, APPROVE THIS CASE. 
          UM, OBVIOUSLY IT'S OUT, IT DOESN'T MEET ZONING STANDARDS AND WE ARE TRYING TO DECIDE IF WE SHOULD ALLOW FOR THAT SIDE YARD SETBACK. 
          , DUE TO MY IGNORANCE, I DIDN'T KNOW THAT. 
          I COULDN'T CONSTRUCT ON THAT SIDE. 
          I HAVE MY MOM, SHE'S 92 YEARS OLD, SHE CANNOT WALK REALLY WELL IF SHE'S MOVING, UH, HER MEMORY. 
          SO I MADE HER LIKE A LITTLE ROOM OR LITTLE, UH, FACE THERE NEXT TO THE HOUSE. 
          AND THAT'S THE PROBLEM THAT I'M HAVING RIGHT NOW, THAT THE INSPECTOR ARRIVED AND SAW THAT. 
          SO, UM, WE ARE A JUDICIAL BOARD AND WE CAN ONLY RULE WITHIN THE VARIANCE. 
          AND SO THERE ARE CERTAIN PIECES THAT YOU KNOW, HAVE TO BE MET THAT IT'S NOT CONTRARY TO PUBLIC INTEREST, THAT IT IS NECESSARY TO DEVELOP A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS OF LAND. 
          AND, UM, AND THEN THE THIRD IS THAT IT'S NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP INTERPRETER BACK TO ASKING YOU PLEASE REPEAT THE LAST PART. 
          YEAH. 
          THAT IT'S THAT WE CAN'T, WE, THAT WE'RE NOT GRANTING, UM, THIS TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP. 
          AND THEN THERE IS A FOURTH STANDARD THAT, UM, ALLOWS AN APPLICANT TO SHOW THAT THE FINANCIAL COST OF COMPLIANCE IS GREATER THAN 50% OF THE APPRAISAL VALUE. 
          AND IN ORDER FOR THIS BOARD TO BE ABLE TO MAKE A DECISION, THE APPLICANT HAS TO PROVIDE THAT INFORMATION. 
          UM, OTHERWISE WE CAN ONLY MAKE A DECISION IN A VERY NARROW PURVIEW. 
          AND IT'S, IT'S, IT'S GOT TO MEET ALL THREE OF THOSE FIRST STANDARDS YOU SAID, OR IT HAS TO MEET THE 50% OR GREATER. 
          AND SO THAT IS, WE, WE HAVE TO HEAR THAT EVIDENCE, BUT TO GET CLARIFICATION, 50% OR GREATER ON THE, OR GREATER OF THE APPRAISED VALUE OF THE STRUCTURE AS SHOWN IN THE MOST RECENT APPRAISAL 
          [00:10:01]
ROLE. 
          I AM SORRY, YOU GUYS NEED TO SPEAK IN THE, IN THE MICROPHONE PLEASE. 
          MR. JUAN TRIED TO CON UH, HIRE A GENERAL CONTRACTOR TO GIVE HIM LIKE AN ITEMIZED LIST OF EVERYTHING THAT WAS SPENT. 
          BUT YOU KNOW, THEY ACTUALLY CHARGE A LOT OF MONEY AND HE IS HAVING HARDSHIPS WITH MEDICAL EXPENSES WITH HIS MOM. 
          YEAH. 
          THERE'S NO OTHER WAY TO PROVE HOW MUCH MONEY WAS SPENT, UH, TRYING TO BUILD THIS. 
          THE ONLY WAY WAS TO HIRE A CONTRACTOR. 
          AND THE CONTRACTOR IS ASKING FOR A LOT OF MONEY AT THE MOMENT FOR THAT. 
          YES. 
          AND THERE'S NO ESTIMATE AT ALL OF HOW MUCH WAS SPENT? YES, IT'S RIGHT HERE. 
          THE TOTAL IS LIKE $27,000. 
          SO HIS ESTIMATE IS ABOUT $27,000. 
          OKAY. 
          APPROXIMATELY. 
          OKAY. 
          AND IS THAT FOR THE WORK? THAT'S, I, I DID THAT, YOU KNOW, THAT DOESN'T INCLUDE THE FOUNDATION. 
          I BUILT THAT AND I DID THE LABOR AND I DID IT LITTLE BY LITTLE. 
          OKAY. 
          DO YOU HAVE ANY IDEA HOW MUCH THE FOUNDATION COSTS? LIKE $20,000, LIKE FOUNDATION, LIKE 5,000? IT, IT IS A LITTLE SPACE. 
          IT'S NOT A BIG SPACE. 
          OKAY. 
          AND DO YOU KNOW HOW MUCH THE HOUSE IS VALUED ON THE TAX ROLLS ON THE APPRAISAL VALUE OF THE STRUCTURE ON THE MOST RECENT APPRAISAL? CAN WE GET THAT INFORMATION? YEAH, YOU ARE LOOKING FOR THE PAGE . 
          OKAY. 
          UH, 150 3009 80. 
          SO THE NEIGHBOR ALSO WANTS TO CONSTRUCT A WALL BECAUSE THEY'RE ALSO THERE A FIREWALL, BUT THEY'RE ALSO THERE NEXT. 
          HE DID, HE WASN'T ABLE TO COME BECAUSE HE IS NOT DOING SO WELL. 
          YES. 
          I HAVE A QUESTION. 
          UM, AND THEN JUST SINCE, UM, UM, THIS IS GOING TO ADDRESS, UH, PERHAPS CONSTRUCTION BEHIND, SO IF THIS, WHAT I'M, WHAT I'M GONNA, THE COSTS, WERE THERE ANY ESTIMATES OR QUOTES PROVIDED BY CONTRACTOR IF THE SAME AMOUNT OF SPACE WERE BUILT IN THE REAR OF THE YARD? SO, YES. 
          NO, THE THING IS THAT, UM, HE BUILT IT BECAUSE HIS MOTHER IS NOW, SHE STILL AND HIS WIFE IS, SHE'S TAKING 
          [00:15:01]
CARE OF HER. 
          AND THE NEXT PLACE THAT'S VERY, UM, HOUSE, UH, BETTER, UH, THE NEXT BEST PLACE FOR HIM TO BUILD HER, UM, BEDROOM WAS WHERE HE BUILT IT BECAUSE UM, SHE, SHE MAY GO OUT AND THEY WOULDN'T EVEN KNOW BECAUSE SHE SOMETIMES SHE DOESN'T KNOW WHERE TO GO OR, OR HER ADDRESS OR, BUT SHE OPENS THE DOOR AND LEAVE. 
          THEY DON'T KNOW. 
          BUT, UH, HIS WIFE IS ALWAYS LIKE IN THE LIVING ROOM AND IN THE KITCHEN. 
          SO THAT'S THE BEST PLACE FOR THEM TO TAKE CARE OF HER MOM. 
          AND UM, PLUS IF WE, SORRY, I ASKED INTERPRET WHENEVER, YOU KNOW, AFTER I STARTED BUILDING, THAT'S WHEN I WAS TOLD OR I WAS NOT NOTIFIED, I COULD BUILD BEHIND AFTER, WHEN Y ARE SPEAKING, EACH PERSON THAT'S SPEAKING SPANISH OR ENGLISH, Y'ALL NEED TO COME UP TO THE MICROPHONE. 
          SO IT'S ALL ON. 
          THANK YOU. 
          UM, SO IF, IF THEY, IF HE WAS TO BE TOWARD THAT PART OF THE BUILDING, IT WOULD COST ME MORE THAN LIKE $150 A DAY FOR THEM. 
          NOT, NOT EVEN THAT. 
          PROBABLY MORE $200 A DAY BECAUSE THEY PROBABLY HAVE TO MOVE OUT FOR THE TIME THEY HAVE TO THROW, ESPECIALLY IN THIS TIME OF WEATHER AND LIKE TO GO TO A HOTEL, THE, THE FOOD AND THEY HAVE TO RELOCATE THEMSELVES TO ANOTHER PART. 
          AND SO THE QUESTION, MY ORIGINAL QUESTION, JUST FOR CLARIFICATION, WAS THERE WAS CONSTRUCTION, THIS HOUSE WAS ADDED ON TO, IN A SETBACK, BUT THE SAME AMOUNT OF SPACE. 
          THERE'S CLEARLY ENOUGH, I'M LOOKING AT THE SITE PLAN RIGHT NOW THAT THIS, EVEN IF IT WERE ATTACHED, I UNDERSTAND ABILITY, UM, ISSUES WITH, UM, APPLICANT'S MOTHER. 
          BUT THERE'S, SO THAT, THAT'S THE QUESTION IS WHY WASN'T THIS, THESE ROOMS AT THE CONSTRUCTION TO THE BACK OF THE HOUSE INSTEAD OF IN THE SET, THE SETBACK JUST DID NOT KNOW WHY HIS KNOWLEDGE AND BECAUSE I WANTED TO HAVE MY MOM CLOSER BUILDING ME ON THAT SIDE. 
          OKAY. 
          UM, THIS IS A QUESTION FOR STAFF AND I, I MEAN FROM A, FROM A SAFETY CONCERN FOR ALL INVOLVED NEIGHBORS THAT ARE NOT ATTACHED TO THE HOUSE, EVERYBODY, I MEAN, WITHOUT A FIREWALL, I MEAN THIS IS A, IT'S A SAFETY HAZARD, UM, FOR THE TWO HOUSES AT A BUTT AND FOR EVERYBODY ELSE IN THAT NEIGHBORHOOD. 
          UM, SO IF WE WERE TO GRANT THIS, HOW DO YOU MANAGE SOMETHING LIKE THAT? I MEAN, IF, IF WE CAN MAKE IT FIT? I, I, I'M, I'M AT A LOSS AS TO HOW WE ENSURE THAT I DON'T EVEN KNOW. 
          I MEAN, AND, AND I, 'CAUSE I'M, IF YOU TEAR DOWN ONE WALL TO PUT A FIREWALL IN, WHY CAN'T YOU JUST TEAR OFF THE BACK AND YEAH. 
          OR NOT HAVE IT GO UP TO THE PROPERTY LINE? I DON'T KNOW. 
          I'M, I NEED A LITTLE ADVICE ON THE FIREWALL. 
          I'M VERY CONCERNED ABOUT FROM A SAFETY PERSPECTIVE, IF, IF THIS SCORE WERE TO GRANT THE REQUEST TO THE SIDE YARD EXHIBIT, THEN THEY WOULD STILL HAVE TO GO THROUGH THE PERMITTING DIVISION TO GET A PERMIT FOR THE WORK THAT WAS DONE WITHOUT A PERMIT. 
          AND AT THAT POINT, THEY WOULD BE REQUIRED TO HAVE THAT FIRE LAW FROM A BUILD BUILDING INSPECTION STANDPOINT. 
          WHICH MEANS INTERPRET LIKE TO ASKING YOU PLEASE REPEAT THAT ONE MORE TIME. 
          IF THE BOARD, IF THIS BOARD WERE TO GRANT 
          [00:20:01]
THE, UM, REQUEST THE VARIANCE REQUEST TO THE SIDE YARD SETBACK, THEY WOULD STILL THEN NEED TO GO TO THE PERMITTING DEPARTMENT AND GET A PERMIT FOR THE WORK THAT WAS DONE WITHOUT A PERMIT. 
          AND AT THAT TIME, THE FIRE RATED WALL WOULD BE A REQUIREMENT. 
          IT'LL BE A BUILDING INSPECTION ISSUE AT THAT POINT WHEN IT BE ACTIVITY. 
          THE LAST PART, THE LAST PART SAID EVEN IF IT'S APPROVED, GO GET A PERMIT AND THEN YEAH, EVEN IF IT'S APPROVED, THEY WILL STILL BE REQUIRED TO GET A PERMIT. 
          AND THEN JUST AN ADDITIONAL QUESTION. 
          SO JUST PLAYING ON THE SCENARIO HERE, IF WE WERE TO GRANT, THE APPLICANT WOULD STILL HAVE TO LIKE GO GET A PERMIT AND THEN IT WOULD BE UP TO PERMIT TO REVIEW THE PLANS AND THEY COULD EITHER PERMIT IT OR DENY IT, WHICH THEN WHAT HAPPENS IF THE PERMIT IS DENIED? UH, UH, IN PARTICULAR PERMIT. 
          SO IF THE PERMIT WAS DENIED FROM OUR PERMANENT OFFICE, UM, THEY WOULD HAVE TO REMOVE THE STRUCTURE TO COME INTO COMPLIANCE. 
          SO WHAT I'M HEARING IS, AND I I DID SPEAK WITH THE OWNERS ABOUT THAT MAY BE ONE RESULT OF TODAY'S OUTCOME. 
          SO WHAT I'M HEARING IS IF THE BOARD WERE TO, IF WE WERE TO DENY THAT COULD END UP IN THEM HAVING TO COME INTO COMPLIANCE OR WE COULD GRANT IT WOULD GO TO PERMITTING AND THEN PERMITTING COULD DENY AND THEN THEY WOULD STILL HAVE TO BRING THE PROPERTY IN COMPLIANCE. 
          IS THAT CORRECT? IF THE, IF THE BOARD APPROVES FOR THE STRUCTURE TO BE BUILT TO THE ZERO PROPERTY LINE, THAT THEY WOULD STILL HAVE TO MEET THOSE BUILDING CODE REQUIREMENTS, BUILDING CODE BE NEED THE FIREWALL. 
          BUT THE SETBACK ITSELF WOULD BE OKAY AT THE ZERO BECAUSE THE BOARD GRANTED THE ZERO FOR THIS PROPERTY, THE NEXT PROPERTY STILL HAS TO COME IN ON THEIR OWN TERMS AND MEET, WHICH THERE IS NO GUARANTEE THAT THAT ONE IS GOING TO RECEIVE APPROVAL BECAUSE THERE'S NO GUARANTEE THAT THAT ONE WILL COME BEFORE THIS PANEL. 
          UNDERSTOOD. 
          ALRIGHT. 
          THANK YOU BOTH OR, OR WAS THERE ANYTHING YOU WANTED TO NO, I WAS JUST GONNA SAY, UM, IN THE END, A PERMIT IS STILL GONNA BE REQUIRED AND COMPLIANCE IS GONNA BE REQUIRED. 
          SO EVEN IF YOU GUYS GRANT THE  SAID THAT PLACE WITH MR. THOMPSON STATED THEY STILL HAVE TO GET A PERMIT AND HAVE TO BE IN A, UM, COMPLIANCE WITH BUILDING CODE. 
          IF YOU GUYS WERE TO DENY THE REQUEST, THEN IT'S BASICALLY THEY WOULD HAVE TO COME INTO COMPLIANCE AND THAT MAY NEED NOT BEING BUILT TO THE PROPERTY LINE. 
          SO , YOU KNOW, HAVING IT REMOVED. 
          OKAY. 
          THANK YOU BOTH FOR YOUR INSIGHT ON THAT. 
          SO HOW THICK IS A FIREWALL? THE FIREWALL IS THE MATERIAL THAT'S IN BETWEEN LIKE THE STUDS. 
          SO IT, IT'S NOT ANY BIGGER THAN A NORMAL WALL. 
          UH, SO THEY WILL, THEY WILL REMOVE, UH, THE SHEET ROCK, UM, AND THEY WILL HAVE TO ADHERE TO, UM, THE FIRE RATED STANDARDS. 
          SO DEPENDING ON IF THEY GO WITH A ONE HOUR OR TWO HOUR FIRE RATED WALL, IT'S MORE THAN LIKELY TO JUST DO A ONE HOUR, HOUR RATED WALL. 
          IT'S SLIGHTLY THICKER, BUT IT'S NOT GONNA BE LIKE A NOTICEABLY DIFFERENCE TO THE AVERAGE EYE. 
          OKAY. 
          BUT WELL THAT'S, 'CAUSE I WAS WONDERING IF, IF IT WAS THAT SMALL OF A SPACE AND YOU'RE ADDING A FIREWALL, IF WE WERE GO ENOUGH SPACE THAT IT DIDN'T MAKE SENSE TO KEEP, REGARDLESS THEY HAVE TO REMOVE THAT WALL LIKE THE INSIDE OF THE WALL, THEY HAVE TO REMOVE THAT IN ORDER TO PUT IN CERTAIN MATERIALS AND SPRAY IT IS PROBABLY TWO DIFFERENT WAYS THAT THEY COULD DO IT. 
          UM, I DUNNO. 
          SO I MEAN, IN YOUR, I MEAN, HOW MUCH DOES IT COST TO PUT THE FIREWALL IN? I I DON'T HAVE A, A COST ESTIMATE ON THAT ONE. 
          [00:25:01]
WE'D HAVE TO ASK THAT. 
          WOULD MR. SITE, SO IS AN ACCEPTABLE FIREWALL LIKE TWO LAYERS OF DRYWALL, FIRE RESISTED DRYWALL ON EACH SIDE? THAT IS, THAT'S BASICALLY WHAT WE'RE TALKING ABOUT. 
          THAT IS ACCEPTABLE. 
          ONE ACCEPTABLE METHOD? YES. 
          OKAY. 
          PROBABLY THE MOST COMMON THAT WE SEE FOR RESIDENTIAL. 
          SO IN THAT CASE, THEY DON'T HAVE TO TAKE OUT THE OUTSIDE WALL, THEY JUST HAVE TO TAKE DOWN THE DRYWALL ON THE INSIDE AND REACH. 
          YES, THAT'S WHAT I'M, YEAH. 
          OKAY. 
          THE STUDS ARE NOT COMING DOWN WALL. 
          SO IN THE EVENT THAT WE WERE TO DENY THIS REQUEST, THEN WHAT WOULD, WHAT WOULD ENFORCEMENT OF THAT LOOK LIKE? ENFORCEMENT WOULD LOOK LIKE, THE HOMEOWNER WOULD HAVE TO COME INTO COMPLIANCE. 
          AND COMPLIANCE IS NOTHING BUILT LESS THAN FIVE FEET FROM THE PROPERTY LINE. 
          SO IF THEY CHOOSE TO CUT OFF ALL OF THE ADDITION THAT WILL BE ON THE HOMEOWNER. 
          IF THEY CHOOSE TO CUT OFF UP TO THE FIVE FOOT SETBACK, THAT WILL BE UP TO THE HOMEOWNER. 
          BUT COMING TO COMPLIANCE IS TO COME FIVE FEET FROM THE PROPERTY LINE. 
          WHAT, WHAT KIND OF TIMELINE? LIKE HOW, HOW MUCH, HOW LONG WOULD THEY HAVE TO COMPLY? UM, I DON'T HAVE AN EXACT TIMELINE, BUT CONSIDERING SOMEONE IS CURRENTLY LIVING THERE, I'M SURE CODE ENFORCEMENT AND DEVELOPMENT SERVICES WOULD, UH, CREATE A REASONABLE TIMELINE TO COME INTO COMPLIANCE. 
          AND AGAIN, REASONABLE COULD BE LETTING 'EM KNOW THAT THEY HAVE 15, 30 DAYS TO GET EVERYTHING MOVED OUT, RELOCATED AND TORN DOWN. 
          UM, BUT I WOULD ASSUME IT WOULD BE A REASONABLE AMOUNT. 
          MOST CODE ENFORCEMENT, UM, SAYS THAT THEY HAVE 10 DAYS TO COME INTO COMPLIANCE ON MOST CODE ENFORCEMENT ISSUES. 
          THIS ONE, THEY MAY GRANT MORE THAN 10 DAYS. 
          I DOUBT IT WILL GO BEYOND 30 DAYS. 
          AND THEN JUST, AND THIS IS JUST MORE FOR GENERAL, UM, INQUIRY HERE. 
          SO THIS CODE ENFORCEMENT AND THEN IS THERE, I MEAN, IS JUST KIND OF LOOKING AT THIS IS TIMELINE THAT IS OUT OF THE BOARD. 
          LIKE WE, COULD WE MAKE A RECOMMENDATION AS FAR AS LIKE EXTENDING THAT COMPLIANCE SCENE GIVEN THE CIRCUMSTANCES OF THE APPLICANT? OR IS THAT OUT OF OUR, OUT OF OUR SCOPE? SO IF, UM, THAT WOULD BE A LEGAL QUESTION. 
          OKAY. 
          YEAH. 
          MR. CANNON, WOULD YOU MIND REPEATING YOUR QUESTION PLEASE? YES. 
          SO WE WERE JUST INFORMED THAT CODE COMPLIANCE WOULD ESTABLISH A TIMELINE IF WE WERE TO DENY THIS APPLICATION THAT, LET'S JUST SAY A DAY OR A TIMELINE OF NO MORE THAN 30 DAYS TO RECTIFY THE SITUATION. 
          BUT COULD THE BOARD OF ADJUSTMENT, UM, AT LEAST MAKE A RECOMMENDATION TO COMPLIANCE AS FAR EXTENDING THAT, UM, THAT COMPLIANCE TIMELINE? YEAH, I THINK YOU COULD RECOMMEND THINGS ALL YOU WANT, BUT I THINK WE HAVE NO AUTHORITY TO MANDATE THAT IT OCCUR. 
          OKAY. 
          SO THE SHORT ANSWER IS NO. 
          OH, OKAY. 
          ALL . 
          BUT WE CAN GO ON RECORD, AT LEAST MAKE A RECOMMENDATION. 
          I MEAN, SURE. 
          OKAY. 
          , ARE YOU GOOD WITH THAT? AND I WILL ADD THAT IF CODE ENFORCEMENT WORKS WITH THE PROFIT OWNERS OR THE PERFECT OWNERS WORKING WITH CODE, IF THEY GIVE THEM A 10 DAY OR 30 DAY TIMEFRAME AND THE APPLICANTS FEEL LIKE, HEY, THEY MAY NOT BE ABLE TO COMPLETE IN THAT TIMEFRAME, I BELIEVE THAT CODE OF FORKLIFT WILL BE INCLINED TO GIVE THEM A REASONABLE EXTENSION. 
          OKAY. 
          ALL RIGHT. 
          I MEAN, IT'S IN THE PURVIEW OF THE BOARD TO DENY OR APPROVE THE MOTION. 
          UM, AS YOU GUYS SEE FIT, YOU GUYS ARE THE DECIDED I CAN'T REALLY PUT MY FOOT ON THE SCALE TO MAKE, UH, ONE WAY OR THE OTHER IN REGARDS TO MR. CANNON'S QUESTION, UH, IT'S MERELY A SUGGESTION. 
          SO IT'S NOT, WELL MR. CANON, IT'S SOMETHING THAT YOU CAN PUT, PUT INTO THE MOTION TO CHANGE THE EFFECT OF, YOU GUYS GOTTA HAVE TO FIND SOMEBODY X DAY. 
          UM, SO THAT'S BEEN, I JUST, JUST FOR THE RECORD, MR. CANON TOO, UM, IF, AND THIS IS NOT JUST IN THIS CASE, THIS IS IN ALL CASES, IF YOU'RE NOT IN COMPLIANCE WITHIN 
          [00:30:01]
A CERTAIN TIMEFRAME, THAT'S PUT FORTH, CODE ENFORCEMENT HAS THE RIGHT TO DAILY, FINE TO NOW TRY AND SPEED UP THAT PROCESS, RIGHT? BECAUSE EITHER YOU'RE GOING TO PAY THAT FINE OR YOU GONNA COME INTO COMPLIANCE. 
          SO I, I UNDERSTAND THE CONCERN FOR THE SAFETY, I UNDERSTAND WHY WE WANT TO DO IT. 
          UM, I DO KNOW TOO THOUGH, I DON'T KNOW IF WE WANT TO SAY THAT WE WANT TO RECOMMEND 30 DAYS AND THEN ON THE 31ST DAY THEY START RECEIVING THOUSAND DOLLAR FINES A DAY. 
          YOU KNOW, I I I DON'T KNOW IF THAT TYPE OF HARDSHIP YOU WANNA PUT ON SOMEONE OR JUST ALLOW THE AUTHORITIES THAT DEAL WITH THEM ON A DAILY BASIS TO TO, TO DEAL WITH IT. 
          OKAY. 
          I THINK BETWEEN WHAT HAS JUST BEEN SAID BY STAFF, UM, THAT'S, THAT WAS MY CONCERN AS FAR AS OKAY, WHAT ARE THE RAMIFICATIONS BOTH ON THE APPLICANT'S SIDE AND THEN ALSO HOW DOES CODE, UM, ACTUALLY ENFORCE THIS? SO BETWEEN, BETWEEN THE, BETWEEN THE THREE ANSWERS, THEY WILL, THEY WILL ENFORCE IT. 
          SO, UM, THIS WAS BROUGHT TO US BY CODE. 
          SO I'M SURE THE CODE ENFORCEMENT MANAGER OVER THAT PARTICULAR AREA WILL BE REACHING OUT TO US TO SEE WHAT THE DECISION WAS. 
          AND IF IT WAS A DENIAL, THEN THEY'LL MOVE, THEY'LL GET STRAIGHT ON IT, YOU KNOW, TO ENFORCE THAT, HEY, THIS HAS BEEN DENIED, YOU KNOW, IT'S, IT'S NOT IN COMPLIANCE. 
          SO THIS IS, THESE ARE NEXT STEPS. 
          AND AGAIN, IF THEY, YOU KNOW, NEED MORE TIME, THEN CODE ENFORCEMENT DOES WORK WITH THEM. 
          BUT AGAIN, IT IS REASONABLE. 
          LIKE THEY CAN'T PUT IT OFF IF THEY SAY, HEY, YOU HAVE 10 DAYS, 30 DAYS, THEY'RE NOT GONNA CONSTANTLY PUT IT OFF EVERY 30 DAYS. 
          LIKE GIVE THEM ADDITIONAL 30 DAYS. 
          IT HAS TO BE A REASONABLE ACCOMMODATION AND THEY'RE WORKING TOWARDS GETTING THE JOB DONE. 
          GOT IT. 
          NOT JUST SAYING, OH, MAYBE I CAN GET IT DONE NEXT, BUT MM-HMM . 
          NO. 
          OKAY. 
          MADAM VICE CHAIR, I HAVE A QUESTION, BUT I'M GONNA, I'M GONNA WAIT FOR THE TRANSLATOR FINISH. 
          UM, SO WHAT IF THE, IF WE WERE TO DENY THIS REQUEST AND THE APPLICANT WERE TO DECIDE HE DIDN'T WANT TO SPEND THE MONEY AND DECIDED TO SELL THE PROPERTY, THAT HAPPENS TO THIS CASE IF IT CHANGES OWNERSHIP. 
          SO WE SEE THAT OFTEN FROM A PERMITING STANDPOINT, THE NEW HOMEOWNER, UM, WOULD BE RESPONSIBLE, BUT IN ADDITION TO THAT, THE TYPICAL REAL ESTATE PERSON SHOULD DO DUE DILIGENCE TO KNOW THAT NO PERMIT WAS FULL FOR THAT AND NOTIFY THE FUTURE HOMEOWNER THAT THIS WAS NOT PERMITTED. 
          SO YOU'RE PURCHASING THIS PROPERTY KNOWING THAT THIS AREA WAS NOT PERMIT. 
          DOES IT ALWAYS HAPPEN? NO, IT DOES NOT. 
          BUT UM, THERE IS SOME, EACH PERSON HAS SOME LIABILITY INTO WHAT THEY'RE DOING IN THAT I'M BUYING IT UNDER THIS CIRCUMSTANCES. 
          I SOLD IT UNDER THESE CIRCUMSTANCES. 
          THEY DISCLOSED IT UNDER THOSE CIRCUMSTANCES AS A SELLER. 
          SO EVERYONE HAS OBLIGATIONS ALONG THAT. 
          SO THAT WHAT IF COULD BE ANSWERED MULTIPLE WAYS ONLY BECAUSE OF HOW IT WAS SOLD. 
          AND LET'S SAY IT WAS SOLD AS IS. 
          I BOUGHT IT AS IS THAT I'M NOT RESPONSIBLE FOR EVERYTHING. 
          IF THERE WAS A FULL DISCLOSURE CALLS IN THERE. 
          OKAY. 
          SO THAT'S WHY I SAY LIKE, I, I UNDERSTAND. 
          YES. 
          YEAH. 
          SO THERE ARE SOME WHAT IFS THAT COULD KIND OF GO WITH THAT, BUT ULTIMATELY IT BOILS DOWN TO WAS IT DISCLOSED OR NOT DISCLOSED? THAT'S WHO THE FINANCIAL BURDEN WOULD FALL ON. 
          THAT'S WHAT YOU WERE SAYING. 
          THANK YOU. 
          UM, SO, UM, WHEN DID CO COMPLIANCE CITE THIS BUILDING? WE KNOW WHAT, UM, YES. 
          QUESTION IS, WHEN DID CO COMPLIANCE CITE THE VIOLATION? IT WAS IN DECEMBER, I THINK DECEMBER AROUND THERE. 
          AND UH, WHEN DID YOU START BUILDING THIS? UH, LIKE TWO YEARS. 
          TWO YEARS? THREE YEARS. 
          TWO TWO YEARS. 
          AND WHEN WAS IT FINISHED? 
          [00:35:09]
SIX MONTHS OR LESS, SO SIX MONTHS. 
          SO IN THE SUMMER? YEAH. 
          THANK YOU. 
          HOLD ON. 
          SO JUST A CLARIFYING QUESTION. 
          SO IT TOOK SIX MONTHS TO BILL THE, THE ADDITION. 
          I'M JUST MAKING SURE I UNDERSTAND THAT CORRECTLY. 
          I CONFUSED ABOUT SIX OR SEVEN MONTHS LITTLE BY LITTLE. 
          OKAY. 
          THANK YOU. 
          BUT, BUT HE, HE SAID HE STARTED BUILDING IT TWO YEARS AGO AND COMPLIANCE CITED IT IN DECEMBER AND HE FINISHED IT SIX MONTHS PRIOR TO THAT, LIKE IN JUNE. 
          THE CONSTRUCTION STARTED TWO YEARS AGO AND THE INSPECTOR ARRIVED THIS LAST DECEMBER. 
          OKAY, THANK YOU. 
          THE NEIGHBOR'S ALSO CLOSE WORK TOGETHER. 
          THE THE NEIGHBOR AND I ARE ATTACHED. 
          DID Y'ALL PLAN TO DO THAT TOGETHER? WAS THAT A PLANNED THING TO DO? YES. 
          YES. 
          HE WAS IN AGREEANCE AND I WAS IN AGREEANCE. 
          AND SO THE PROJECT HAPPENED CONCURRENTLY, LIKE THEY DID IT AT THE SAME TIME. 
          I THINK WE STARTED FIRST, BUT THEY THEY STARTED REALLY SOON THEREAFTER? YES. 
          YES. 
          WE SAID WE WERE IN AGREEMENT THAT WE WEREN'T, WE DIDN'T HAVE ANY ISSUES WITH IT. 
          UM, WHAT IS THE RELATIONSHIP BETWEEN YOU AND THE NEIGHBOR? WE'RE JUST FRIENDS. 
          NEIGHBORS. 
          THAT'S IT. 
          HE IS SICK. 
          HE WAS GONNA SHOW UP TODAY, BUT HE IS SICK. 
          DO YOU HAVE ANY OTHER QUESTIONS FOR THE APPLICANT OR FOR STAFF? DO I NEED TO BUILD LIKE A FIREWALL TO BE, FOR IT TO BE OKAY. 
          I DON'T KNOW. 
          I THINK THAT WOULD BE BEST FOR ME. 
          WELL, AGAIN, WE, THE, THE ONLY THING WE CAN RULE ON IS THE VARIANCE IS BEING REQUESTED AND THERE'S THE THREE STANDARDS THAT WE TALKED ABOUT, WHICH, AND THE, THE ONE, STAN AND I, I MEAN, I DON'T REALLY DOESN'T REALLY MEET ANY OF THOSE. 
          DO YOU HAVE ANY IDEA, UM, WHAT THE COST TO DEMOLISH THE SIDE OF THE PORTION IS TO DEMOLISH EVERYTHING OR ONLY THE FIVE FEET TO BE IN COMPLIANCE? I, I GUESS, I MEAN, IF COULD LET ME, COULD YOU LIVE WITH TAKING THE FIVE FEET OFF? I MEAN, WOULD THE HOUSE WORK IF YOU TOOK FIVE FEET OFF AND WERE IN COMPLIANCE? 
          [00:40:07]
IT WOULDN'T BE GOOD. 
          WELL WHAT, SO THEN YOU'D HAVE TO DEMOLISH THE WHOLE THING. 
          I WOULD HAVE TO TAKE A BETTER LOOK TO SEE IF I CAN STILL LEAVE SOME OF IT UP. 
          SO WHAT DO YOU THINK IT WOULD COST TO DEMOLISH IT? WHERE IT'S WITHIN COMPLIANCE? THERE'S A LOT OF THINGS THAT YOU WOULD HAVE TO DO. 
          AND I'M, I MEAN, IN THE WALL, I MEAN, I, I DON'T KNOW. 
          EVERYTHING'S REALLY EXPENSIVE. 
          ALRIGHT. 
          DO WE HAVE ANY OTHER QUESTIONS? NO. 
          OKAY. 
          ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO, THE SPEAKERS. 
          OKAY. 
          UM, I JUST WANNA CLARIFY, CAN YOU ASK HIM, DOES HE UNDERSTAND WHAT THE, THE STANDARD OF THE VARIANCE IS? DOES HE UNDERSTAND THAT? I MEAN, WE CAN'T JUST SAY, OH, WE LIKE YOU, SO WE'RE GOING TO APPROVE THIS. 
          OR, OH, WE FEEL SORRY FOR YOU. 
          WE'RE GOING TO APPROVE THIS. 
          WE CAN ONLY APPROVE WITHIN THIS VERY NARROW WINDOW. 
          AND THERE'S THOSE THREE PARTS AND THEN THERE'S THE ONE PART ABOUT THE FINANCIAL COSTS. 
          AND IT HAS TO BE 50% OF THE APPRAISED VALUE OF THE STRUCTURE AND THAT IT IS ON THE APPLICANT TO BRING THAT DATA TO US SO THAT WE CAN MAKE A DECISION. 
          I DON'T KNOW THAT WE HAVE ALL THE INFORMATION WE NEED. 
          CHAIR. 
          I'D LIKE TO MAKE A MOTION. 
          IT CAN, WE DON'T, WE DON'T HAVE THE BLANC THAT STATED, WE DON'T HAVE THE, THAT INFORMATION. 
          COULD YOU GET THAT INFORMATION? DO YOU WANT THE INFORMATION THAT BRIAN SAID THAT WE HAD TO GET THE ITEM? I, UH, FOR HOW MUCH IT COSTS TO CONSTRUC? IT, IT WAS ABOUT 27,000. 
          I HAVE 27,000 FOR THE CONSTRUCTION, 5,000 FOR THE FOUNDATION, BUT I DON'T HAVE ANY INFORMATION ON THE DEMOLISHING OR THE REBUILDING. 
          HOW MUCH DOES IT COFFEE DEMOLISH ABOUT 10,000. 
          WE HAVE TO CUT AND DO ANOTHER WALL. 
          I, I DON'T KNOW THAT GET MATERIAL LIKE 20,000? NO, I DON'T THINK IT'S LIKE 20,000. 
          SO GIVEN AN ESTIMATE LIKE 10,000, MAYBE LIKE 10,000. 
          BUT YOU DO NOT THINK YOU COULD GO AWAY AND COME BACK NEXT MONTH WITH INFORMATION TO PROVIDE THAT 50%? I MEAN, YES. 
          I CAN GIVE, I CAN GIVE YOU INFORMATION. 
          ALL RIGHT. 
          [00:45:01]
UM, ARE THERE ANY OTHER QUESTIONS? I'M SORRY. 
          ASKED THAT QUESTION AND I PUT BACK IN QUESTIONS. 
          I HAVE ONE QUESTION. 
          UM, ALL RIGHT. 
          THANK YOU VERY MUCH. 
          AND YOU CAN SIT DOWN AND WE WILL MAKE A MOTION AND DISCUSS. 
          UM, DO I HAVE A MOTION? YES. 
          SO I WOULD LIKE TO MAKE A MOTION. 
          THANK YOU. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 0 1 4 AN APPLICATION OF BLANCA CARDENAS DENY THE VARIANCE TO THE SIDE YARD SETBACK 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 THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT. 
          AYE JOE CANNON SECOND, THAT MOTION DISCUSSION? YEAH, I MEAN, I, I THINK IT'S JUST VERY CLEAR THAT, UM, THAT THE, THE HARDSHIP IS SELF CREATED. 
          UM, AND, UH, THE, THE APPLICANT JUST DOESN'T HAVE ENOUGH IN INFORMATION TO PRESENT TO, TO MAKE IT CLEAR WHETHER IT WOULD IN FACT BE GREATER THAN 50% OF THE PRAISE VALUE, UM, TO, TO FIX, TO, TO BRING IT INTO COMPLIANCE. 
          SO I THINK IT'S JUST VERY CLEAR. 
          UH, YES. 
          SO MY, UM, REASONING FOR SUPPORTING MR. FINNEY'S MOTION HERE. 
          FIRST OF ALL, I'VE LEARNED, UM, FROM MY VERY TRUSTED ATTORNEY MANY YEARS AGO, NOT ON A CASE OF MY OWN, BUT, UH, IGNORANCE IS NO EXCUSE FOR, UM, NOT ABIDING BY THE LAWS AND REGULATIONS THAT WE HAVE SET IN PLACE. 
          WHILE I DO SYMPATHIZE WITH THE APPLICANT AND THEIR PERSONAL SITUATION, UM, LOOKING AT THE PROPERTY ITSELF, THERE WAS MORE THAN AMPLE ROOM TO CONSTRUCT ANY ADDITION ATTACHED TO THE PRIMARY STRUCTURE IN THE REAR YARD. 
          UM, THERE'S AT LEAST 50 FEET OF DEPTH FROM THE BACK OF THE HOME TO THE REAR SETBACK. 
          SO THE SITE ITSELF WAS NOT, UM, IT DIDN'T PRESENT ANY BARRIERS TO CONSTRUCTING, UM, ADDITIONAL LIVING SPACE. 
          AND AS FAR AS ANY COST TO REMEDY THE PROBLEM OR REMEDY THIS, UH, SOLUTION JUST BY THE FIGURES THAT WERE PRESENTED TODAY, THAT DOES NOT MEET THE THRESHOLD OF THE PERCENT OF THE, UM, APPRAISED VALUE. 
          FURTHERMORE, UM, IT IS ON RECORD THAT, UH, CITI DID MEET WITH THE APPLICANT, UM, AT LEAST TWICE I SEE JANUARY 30TH, AND THEN ALSO ON JANUARY 2ND OF THIS YEAR. 
          NOW, UM, MIGHT NEED CORRECTION ON THAT, BUT THERE WERE MULTIPLE MEETINGS, UH, THAT WE WERE NOTIFIED THAT, UM, WERE HELD BETWEEN THE CITY AND THE STAFF, UM, SORRY, THE CITY AND THE APPLICANT. 
          UM, AND ALSO RELAYING THE DISCUSSION POINTS THAT WE MADE LAST MONTH IN REGARDS TO THIS CASE, WHICH I, IF I REMEMBER CORRECTLY, WE'RE PRIMARY ON WHAT, WHAT THE FINANCIAL IMPLICATIONS. 
          SO TIME, I BELIEVE ENOUGH TIME HAS BEEN GIVEN FOR THE APPLICANT TO COME UP WITH THOSE FIGURES. 
          UM, CONTRACTORS, THEY'RE, SOME OF THEM ARE NOT THE MOST, UH, BUSINESS ASTUTE, BUT, UM, A QUOTE COULD HAVE BEEN PERTAINED, UM, FROM ANY OTHER CONTRACTOR WITHIN THE CITY. 
          UM, I WORK CLOSELY WITH MANY, SO THAT WOULD BE MY REASONING FOR SUPPORTING THE DENIAL OF THIS. 
          AND AGAIN, WE ARE CITY, UH, REGULATIONS AND WE HAVE A ZONING, UM, CODE FOR A REASON SO THAT, UH, PROPERTIES ARE NOT BUILT ILLEGALLY. 
          UH, BOTH FOR THE INHABITANTS BUT THEN ALSO THOSE THAT LIVE IN THE NEIGHBORHOOD AS WELL. 
          SO I STAND BY THAT. 
          I'M GONNA CONCUR AND I JUST, THE APPLICANT DIDN'T MEET ANY OF THE THREE CRITERIA, UM, MUCH LESS THE THE FOURTH, UM, OPTION. 
          SO, UH, I'LL BE SUPPORTING THE MOTION. 
          I I DID NOT WANT TO SUPPORT THE MOTION, BUT, UM, I, IT IS AN, I CAN, UM, MAKE A ARGUMENT FOR ANY OF THE THREE MAIN POINTS OF THE VARIANCE AND, UM, UH, THE FINANCIAL COST FOR COMPLIANCE. 
          I MEAN, I, I, I MIGHT BE ABLE TO GET THERE, BUT I DON'T HAVE THE NUMBERS TO GET THERE. 
          AND, UM, THIS IS THE, YEAH, SO I'LL ALSO SUPPORT THE MOTION. 
          SO I GUESS, CAN WE HAVE A ROLL CALL VOTE MR. CANNON? AYE. 
          MR. FINNEY? AYE. 
          MR. GRAHAM? AYE. 
          MR. SAUK? AYE. 
          MS. VICE-CHAIR? AYE. 
          MOTION TO DENY PASSES? FIVE 
          [00:50:01]
TO ZERO. 
          ALRIGHT, WE'LL NOW HEAR CASE, UM, EDA 2 4 5 DASH 0 15 63 56 DENI STREET. 
          IF THE APPLICANT WILL PLEASE STEP FORWARD. 
          IF YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE'LL SWEAR YOU IN FOR THIS CASE. 
          LAN, UM, 7 45 THROUGH WOOD DRIVE. 
          WHAT MS. WILLIAMS SWEAR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          PLEASE PROCEED. 
          UM, I'M THE APPLICANT FOR THIS, UM, PROPERTY. 
          UM, MS. EL GUTIERREZ COULDN'T BE HERE. 
          SHE COULDN'T GET A PERMIT FROM WORK AND UM, WE TRY TO, UM, GET APPROVED FROM THE BOARD OF ADJUSTMENT FOR, UH, PROPOSING. 
          IN ADDITION, IT'S ALREADY EXISTING OR THE ADDITION DECK AND A GARAGE THAT WAS CONVERTED TO, UM, A GUEST ROOM. 
          UH, MOSTLY, UM, MS. ZA DID IT FOR, FOR HER DAUGHTER TO MOVE IN WITH HER. 
          THAT'S, THAT'S ABOUT IT. 
          SO AGAIN, WE CAN ONLY RULE WITHIN A VARIANCE. 
          WE, AND IN ORDER FOR US TO REVIEW THE VARIANCE, YOU HAVE TO PROVIDE INFORMATION THAT SHARES THAT IT IS NOT CONTRARY TO PUBLIC INTEREST. 
          THAT IT WAS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS OF LAND BY BEING OF SUCH RESTRICTIVE AREA, SHAPE OR SLOPE. 
          THAT IT CANNOT BE DEVELOPED IN A MATTER COMMENSURATE WITH THE DEVELOPMENT UPON OTHER PARCELS OF LAND AND THAT IT WAS NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP. 
          AND SO IT IS UPON YOU, THE APPLICANT TO PROVIDE THAT INFORMATION. 
          YOU CAN'T JUST ASK THE QUESTION OF US 'CAUSE WE DON'T HAVE THE DATA TO BE ABLE TO MAKE THAT DECISION. 
          YOU'VE GOTTA PROVIDE THAT INFORMATION. 
          CAN I GET A CHANCE TO, UH, GET ALL THAT INFORMATION FOR ANOTHER MEETING? I'M SORRY, WHAT'S THE ADDITIONAL, I MEAN, ADDITIONAL INFORMATION THAT WE NEED OTHER THAN WHAT'S BEEN PRESENTED TO US? WELL, I MEAN I DIDN'T GET ANY INFORMATION FROM HER ON WHY SHE WANTS THIS AND SHE JUST TOLD US. 
          SO I'M, I NEED HER TO EXPLAIN THAT TO ME. 
          YOU, IF WE CAN, YEAH, WE NEED TO EXPLAIN TODAY THAT WOULD YOU, I I'M AGREEING WITH YOU, BUT, UM, WELL I THINK SHE DID EXPLAIN THAT HER DAUGHTER'S MOVING IN WITH HER. 
          UM, SO THAT'S, THAT'S WHY THE IS THAT'S WHY. 
          BUT, UM, WE HAVE, WE HAVE, UH, SEVERAL NEIGHBORS IN OPPOSITION. 
          SO IT IS DEFINITELY CONTRARY TO PUBLIC INTEREST. 
          HAS SHE TALKED TO ANY OF THE NEIGHBORS? OKAY. 
          NO, NO. 
          YEAH, I DIDN'T. 
          UM, AND HAS SHE, UM, DO WE HAVE ANY, AND I MEAN I KNOW THAT IT'S IN HERE, BUT I WOULD LIKE FOR OUR APPLICANT TO TELL US HOW THIS PIECE OF LAND VARIES OR IS DIFFERENT FROM OTHER PARCELS OF LAND IN RESTRICTIVE SHAPE AREA OR SLOPE. 
          WELL, CAN I ASK THE APPLICANT A QUESTION? YES. 
          UM, UM, MS. CARDENA, UM, WHEN YOU DID, DID THE RENOVATION OF THE GARAGE, IS IT, HAS IT ALREADY BEEN COMPLETED? THE, THE RENOVATION? UM, YES. 
          OKAY. 
          IT'S EXISTED, THE RENOVATION? YES. 
          OKAY. 
          OKAY. 
          UM, DID YOU USE THE EXISTING EXTERIOR WALLS OF THE GARAGE OR DID YOU REPLACE THOSE AS WELL? THEY REPLACED THEM IN WITH, UM, WELL, UH, UM, WHAT'S THE WORD, UM, INSULATION AND ALL THE CO COMPLIANCE THAT GOES WITH IT, WITH THE, THE DRY WALLS. 
          OKAY. 
          MM-HMM . 
          BUT DID THEY USE THE EXISTING WOOD? THE, THE STUDS? YES. 
          OKAY. 
          YEAH. 
          OKAY, GREAT. 
          THANK YOU. 
          SO THAT WOULD BE WHY IT'S THAT, SO THEY USE THE EXACT SAME FOOTPRINT OF THE EXISTING, THE PREEXISTING GARAGE, UM, AND JUST FILLED IT IN WITH NEW WALLS. 
          OKAY. 
          CORRECT. 
          SO THAT, THAT WOULD BE WHY THE, THE SQUARE FOOTAGE IS SLIGHTLY OVER THE 25% ALLOWED. 
          I DIDN'T GET THAT. 
          YEAH. 
          OKAY. 
          SO, UM, SO ONE OF THE VARIANCES YOU'RE REQUESTING IS FOR, UM, THE 44 POINT HALF SQUARE FEET, UM, IN ADDITION, UM, OUTSIDE OF THE 25% ALLOWED. 
          RIGHT. 
          AND, AND SO I'M JUST ASKING THAT THE REASON THAT IT IS 44 AND A HALF SQUARE FEET LARGER IS BECAUSE YOU, YOU USE THE EXISTING GARAGE FOOTPRINT? YES. 
          YES. 
          OKAY, THANK YOU. 
          [00:55:03]
I AM SORRY, AM I MISSING SOMETHING? BUT, UM, THE OPPOSITION LETTERS, I'M NOT SEEING THOSE IN THE, IN THE FOLDER. 
          THERE ARE NO LETTERS. 
          UM, MR. CANNON, UM, THE OPPOSITION IS ACTUALLY ONLINE. 
          OKAY. 
          YEAH. 
          SO, ALRIGHT. 
          SO ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? ARE THERE ANY OTHER SPEAKERS TO SPEAK IN FAVOR? NO SPEAKERS IN FAVOR THEN CAN WE HEAR FROM THE OPPOSITION? MS. YOLANDA WILLIAMS, CAN YOU PLEASE, UH, SPEAK UP? OH YES. 
          GOOD AFTERNOON EVERYONE. 
          HI. 
          I LIVE ON PANDORA AND I'VE BEEN IN , I'M SORRY. 
          UH, CAN YOU SEE ME, MS. WILLIAMS? I'M SORRY. 
          YES. 
          CAN YOU PLEASE YOU, ME NOW STATE YOUR YES. 
          OH, I'M SORRY. 
          SORRY. 
          MY VIDEO YOLANDA WILLIAMS AND I LIVE ON PANDORA 10 12 PANDORA. 
          AND I'M SORRY MA'AM, I'M SORRY. 
          CAN YOU PLEASE STATE YOUR NAME AND ADDRESS AND THEN I WILL SWEAR YOU IN. 
          OKAY. 
          YOLANDA WILLIAMS, 10 12 PENDO AVENUE, DALLAS, TEXAS 7 5 2 1 7. 
          OKAY. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. 
          YES I DO. 
          I WILL. 
          OKAY. 
          PLEASE PROCEED. 
          YOU HAVE FIVE MINUTES. 
          OKAY. 
          I'VE BEEN LIVING IN THE COMMUNITY FOR 50 YEARS AND THERE WAS NEVER A GARAGE IN THE BACK. 
          THE GARAGE WAS IN THE FRONT, AS YOU KNOW, IN SMALLER HOMES. 
          WE TAKE OUR GARAGE AND CONVERT 'EM INTO, UM, OTHER ROOMS. SO I DON'T KNOW IF, I DON'T THINK SHE'S THE PREVIOUS OWNER, BUT I THEY, I'M SORRY, YOU, WE CAN'T HEAR. 
          YOU HEAR SPEAKER WENT OUT. 
          HANG ON, WE CAN'T HEAR MS. WILLIAMS. OH YES, WE CAN'T HEAR YOU. 
          OKAY, HOLD ON. 
          CAN YOU HEAR ME NOW? YES, WE CAN. 
          WE HEARD THE, THERE WAS NO GARAGE IN THE BACK, BUT YOU SEEMED TO HAVE DISAPPEARED AGAIN. 
          OKAY. 
          WELL THERE WAS NEVER A GARAGE IN THE BACK. 
          THEY ADDED THAT GARAGE IN THE BACK. 
          SO IT'S LIKE, UM, SEVEN BEDROOMS. IT'S A MOTHER SUITE. 
          AND THE APPLICANT SAID THAT THEY WERE NOT RENTING ROOM. 
          THAT'S ACTUALLY A BORDER HOME. 
          THEY'RE ROTATING EVERY OTHER MONTH. 
          WE HAVE PEOPLE MOVING IN AND OUT. 
          SO I DON'T KNOW WHO SHE IS IF SHE LIVED THERE. 
          'CAUSE WE'VE NEVER SEEN ANY WOMEN IS MEN. 
          AND I COULDN'T TELL YOU WHAT WAS DISTURBING TO ME. 
          ONE DAY I WAS COMING HOME WITH MY LITTLE COUSIN. 
          ONE OF HER, ONE OF THE TENANTS WAS LIKE IN A RED MUSTANG, STOPPED IN FRONT OF MY HOUSE, PROCEEDED TO DO SPIN OUTS. 
          I WAS HONKING MY HORN AND I DO BELIEVE I CALLED THE POLICE THAT DAY. 
          HE WENT IN FRONT OF THE HOUSE, THE RENT HOUSE, UM, THAT'S IN QUESTION. 
          AND HE DID SPIN OUTS THERE AND THE NEIGHBOR ACROSS THE STREET HAD, UH, A SMALL ALTERCATION WITH THEM. 
          HE ASKED THEM TO, PLEASE DON'T DO THAT BECAUSE HE HAVE SMALL CHILDREN. 
          SO WE'VE BEEN OVER HERE FOR 30, 40 YEARS. 
          I UNDERSTAND 'CAUSE I SERVED ON THE PARK BOARD THAT THE CITY WILL ALLOW THEM TO, YOU KNOW, RENT OUT THE BACK OF THEIR HOMES AND EVERYTHING. 
          EVEN WHEN THEY WAS BUILDING THAT HOME, I'M ALWAYS TRYING TO TELL EVERYONE, HEY, YOU NEED A PERMIT OR YOU SHOULD DO THIS, YOU SHOULD DO THAT. 
          BUT THE APPLICANT IS NOT BEING HONEST. 
          THEY ARE RENTING ROOMS. IT IS NOT A FAMILY HOUSE. 
          AND UM, I HAD PICTURES OF A MATTRESS. 
          IF YOU LOOK UP CODE COLD, BEEN THERE SEVERAL TIMES, THE NEIGHBOR COMPLAINED. 
          AND IF THEY'RE GONNA TURN IT INTO A BORDER HOME AND RENT ROOMS, WE WANT THEM TO COME IN COMPLIANCE WITH THE CITY CHARTER BECAUSE THAT'S NOT FAIR TO US. 
          LIKE NOW THEY HAVE NEW TENANTS. 
          IT'S LIKE A REVOLVING DOOR THAT COMES THROUGH THERE. 
          SO NO, UM, THAT GARAGE WAS NEVER IN THE BACK. 
          THEY ADDED THE GARAGE ON. 
          I DON'T KNOW IF IT'S BEFORE. 
          'CAUSE LIKE I SAID, I DON'T KNOW IF SHE, SHE'S NOT THE ORIGINAL OWNER. 
          IT WAS LIKE A COUPLE BEFORE. 
          AND SO, UH, SO IT WAS JUST CONSTRUCTED. 
          EVERYTHING IS BRAND NEW IN THE BACK. 
          IT'S LIKE A, A DOUBLE GARAGE, A MOTHER SUITE AND THEY HAVE LIKE SEVEN BEDROOMS AND YOU KNOW, WE'RE ALL FOR REMODELING, BUT I REALLY DO WORK HARD TO TRY TO GET EVERYONE TO COME AND COMPLY. 
          I WOULD KNOCK ON YOUR DOOR, TELL YOU, HEY, CODE SAID YOU NEED TO DO THIS. 
          WE TRIED TO BE GOOD NEIGHBORS TO THEM AND LET 'EM KNOW, UH, HEY, IF YOU'RE GONNA HAVE A BORDER HOME AND YOU MIGHT WANT TO GO AND TALK TO COLD OR DO THIS, DO IT THIS WAY. 
          BUT TO BE HONEST, UH, THE OTHER NEIGHBORS COULDN'T COME BECAUSE THEY'RE ALL AT WORK. 
          AND YOU KNOW, OF COURSE THE WEATHER, THEY WERE GONNA COME, BUT THEY HAVE BEEN SOME BAD TENANTS. 
          THEY'RE JUST NOT GOOD FOR US. 
          AND SO IF YOU ALL GONNA GRANT THIS, WE WANT HER TO COME IN COMPLIANCE. 
          'CAUSE I DON'T THINK IT'S FAIR THAT OUR OTHER NEIGHBORS HAD TO GET PERMITS TO DO EXACTLY WHAT THEY DID. 
          AND SO THAT'S THE ONLY THING. 
          WE JUST DON'T WANT OUR COMMUNITY TO BE BROKEN UP. 
          AND, AND WHOEVER THEY KEEP RENTING TO, THEY HAVE NO RESPECT. 
          I MEAN, THREE OR FOUR O'CLOCK IN THE MORNING THEY GOT THAT LOUD ENGINE. 
          AND SO IT'S JUST, THEY'RE NOT GOOD TENANTS. 
          AND SO I, LIKE I SAID, I DON'T KNOW IF SHE LIVED OR, OR NOT. 
          I CAN, I CAN SEE HER HOUSE FROM MY, FROM MY DOOR AND I'VE BEEN WORKING FROM HOME FROM FOUR YEARS, SO I'VE NEVER SEEN HER THERE. 
          BUT 
          [01:00:01]
I CAN TELL YOU THERE WAS NEVER A GARAGE IN THE BACK. 
          SO THAT'S A NEW GARAGE, THAT MOTHERLY SUITE OR WHATEVER SHE'S TALKING ABOUT. 
          THAT'S NEW. 
          IT WAS NEVER A GARAGE IN THE BACK. 
          UM, CAN I SEE? NO, NOT YET. 
          UM, DO WE HAVE ANY QUESTIONS FOR THE OPPOSITION? CAN I, I, WHILE WE'RE TAKING A MOMENT, I'M TRYING TO TAKE MY BRAIN BACK TO THE PRESENTATION THIS MORNING. 
          IS THAT NEW CONSTRUCTION OR IS THAT AN OLD HOUSE THAT'S WAS BUILT THERE? I CAN'T REMEMBER FROM THE PRESENTATION WHAT THE PICTURE LOOKS LIKE. 
          PULL , THAT WOULD BE GREAT. 
          OKAY. 
          I DO HAVE A QUESTION FOR THE, UM, SPEAKER, UH, MS. WILLIAMS. UM, SO YOU'RE, UM, BASICALLY WHAT YOU ARE, YOU'RE STATING HERE IS THAT THIS, THAT THIS HOME IS BEING USED AS A, A MULTIFAMILY RENTAL TOOL. 
          IS THAT WHAT THE, IS THAT WHAT I'M HEARING CORRECTLY WHEN YOU REFERENCE BOARDING HOME? WELL, WHEN I, I THOUGHT A MULTI-FAMILY, UH, YES, YES, IT IS, UH, A MULTIFAMILY, YES. 
          SO IT'S NOT REGISTERED. 
          AND CODE HAS BEEN THERE SEVERAL TIMES AND I, AND I THINK IF YOU PULL UP THE RECORD YOU WILL PROBABLY SEE, BUT UM, IT'S NOT EVEN A FAMILY. 
          THEY JUST A BORDER HOME PEOPLE, RANDOM PEOPLE KEEP COMING IN AND OUT, IN AND OUT. 
          AND I UNDERSTAND YOU SHOULD HAVE THE RIGHT TO WHO YOU WANT TO LIVE IN YOUR HOME. 
          BUT THAT'S NOT FAIR TO US THAT IT'S A REVOLVING DOOR. 
          AND THEY'RE NOT EVEN GOOD TENANTS, YOU KNOW, CODE, LIKE I SAID, I TOOK A PICTURE LAST WEEK AND I MEANT TO SEND IT TO Y'ALL. 
          THEY HAD A MATTRESS JUST SITTING OUT FOR A MONTH UP AGAINST THE, IT'S NOT A GARAGE ANYMORE. 
          AND SO I TRY TO TELL EVERYONE, WE TELL PEOPLE, HEY, BULK TRASH IS THIS DAY. 
          AND OF COURSE, YOU KNOW, AND I'M NOT BEING RUDE BECAUSE I LIVE IN A DIVERSE COMMUNITY. 
          ALL MY NEIGHBORS HISPANIC, BLACK AND WHITE. 
          BUT WHEN YOU TRY TO TALK TO 'EM, 'CAUSE I DON'T SPEAK ENGLISH AND THEY SAY, OH, I DON'T SPEAK ENGLISH. 
          BUT THE HISPANIC NEIGHBOR, HE WENT OVER THERE AND THERE WAS A SIGN, THEY USED TO HAVE A SIGN SAID FOR RENT. 
          I DIDN'T, I COULDN'T UNDERSTAND IT. 
          SO WHEN HE CALLED, THAT'S HOW COME WE KNOW IT'S A BORDER HOUSE BECAUSE HE SAID THAT SOME MAN COLLECTS THE RENT MONEY IN A BLACK TRUCK. 
          AND SO, UH, HE NOW, HE ACTUALLY HAVE THE HOUSE RENTED OUT IN HIS NAME AND HE HAVE HOUSED THE PEOPLE THERE. 
          SO THAT'S HOW COME WE KNOW IT'S A BORDER HOME BECAUSE HE CALLED AND PRETENDED THAT HE WANTED TO, UH, RENT THE HOUSE, BUT THEY TOLD HIM THEY WAS RENTING ROOMS INSTEAD OF THE HOUSE. 
          OKAY. 
          ALRIGHT. 
          UM, THANK YOU FOR THAT CLARIFICATION. 
          DO YOU HAVE A PICTURE OF WHAT IT WAS FROM THE THANK YOU. 
          SORRY, I SHOULD BE ABLE TO REMEMBER, BUT I CAN'T. 
          SO HERE'S THE, UM, SITE PLAN THAT SHOWS THE, UM, DETACH GARAGE HERE. 
          AND IT HAS BEEN CONFIRMED THAT A PERMIT TO CONSTRUCT THE DETACH GARAGE WAS, UM, PERMITTED IN 2021. 
          SO IT WAS NOT ORIGINAL TO THE HOUSE. 
          SO IN OKAY, GOT IT. 
          WAIT, DID YOU SAY IT WAS PERMITTED? SO SO THE GARAGE WAS BUILT LEGALLY ORIGINALLY? YEAH. 
          OKAY. 
          THERE'S A PERMIT ON FILE FOR IT. 
          OKAY. 
          OKAY. 
          CAN, CAN YOU BACK, GO BACK TO THE PICTURE OF THE FRONT OF THE HOUSE, UH, THERE? SO THAT IS THE, THE FRONT OF THE HOUSE. 
          SO IT LOOKS LIKE THERE IS A GARAGE TO THE LEFT AND THERE'S A DRIVE TO THE RIGHT. 
          IS THAT CORRECT? THAT'S WHAT APPEARS TO BE FROM THIS PHOTO, YES. 
          THIS AREA HERE LOOKED LIKE IT MAY HAVE BEEN A GARAGE AT SOME POINT AND TO THE RIGHT AS WELL. 
          NO, THE GARAGE WAS TECHNICALLY ON THE RIGHT SIDE ORIGINALLY. 
          THE OLD HOUSE, IF YOU GO TO, UH, PULL UP HIGH LOOK, THE GARAGE WAS ON THE RIGHT. 
          THAT'S NOT A GARAGE ON THE LEFT, IT'S JUST THE, UH, WHEN THEY REMODELED THE HOUSE. 
          SO THE, UH, THE GARAGE WAS ALWAYS ON THE RIGHT. 
          GOT IT. 
          ALL RIGHT. 
          OKAY. 
          DO WE HAVE ANY OTHER QUESTIONS FOR MS. WILLIAMS ON THE PHONE? UH, NO. 
          OKAY. 
          UM, THANK YOU MS. WILLIAMS FOR YOUR TESTIMONY. 
          AND, UM, NOW MS. CARDENA, YOU HAVE A, UM, FIVE MINUTE REBUTTAL. 
          YEP. 
          YOU HAVE TIME TO MAKE YOUR REBUTTAL. 
          THANK YOU. 
          UM, I JUST WANTED TO, UM, MAKE THE BOARD OF ADJUSTMENT NOTED. 
          NOTICE THAT, 
          [01:05:01]
UH, MS. ISSA, SHE CAME TO OUR OFFICE AND REQUEST US THE PLANS AND, UM, FOR US TO SUBMIT FOR THIS PERMIT. 
          AND WE ARE, BASED ON WHAT SHE SAID, NOT, WE ARE NOT LIKE, I'M NOT RESPONSIBLE WHAT THEY DO IN HIS, WHAT THEY DO IN HIS, HER HOUSE. 
          UM, I DON'T KNOW FOR SURE IF IT'S FAMILY OR RENTING OR PORTING. 
          LIKE MS. WILLIAMS SAID. 
          UM, I DON'T KNOW IF THAT THEY BUILT WITHOUT A PERMIT THAT GARAGE, BUT I'VE HEARD IT, IT HAS A PERMIT. 
          UH, THE THING IS THAT, UM, WE ARE BASED BASICALLY I HEAR, SAID WHAT? BASICALLY SHE TELLS ME NOW I'M NOT FOR CERTAIN IF, WHAT IS THE HOUSE? SHE TOLD ME THAT SHE WAS GONNA, UM, WELL SHE, UH, REMODELED IT FOR HER DAUGHTER. 
          I'M NOT SURE IF SHE WENT, UH, FOR SOMETHING ELSE. 
          BUT, UM, THAT'S ALL I CAN SAY. 
          DO YOU HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? MR. SIK? UM, DOES THE OWNER LIVE IN THE HOME? NO. 
          NO. 
          SO THEN IS IT HER DAUGHTER THAT LIVES IN THE ENTIRE HOUSE? NO, I THINK, UM, THE, HER DAUGHTER IS GOING TO MOVE IN THAT, IN THAT PART OF A HOUSE. 
          IT'S DETACHED. 
          MM-HMM. 
          UH, THAT'S, THAT'S WHY, THAT'S WHAT SHE TOLD US THAT SHE WAS GONNA MOVE IN. 
          OKAY. 
          SO SOMEONE ELSE IS RENTING OUT THE, PROBABLY THE MAIN HOUSE FROM OKAY. 
          I'M NOT SURE. 
          I CANNOT RESPOND TO THAT. 
          OKAY. 
          OKAY. 
          AND SORRY, JUST A QUESTION FOR LEGAL. 
          SO THE BASIS OF OUR, UM, OF OUR RULING TODAY, THIS IS PR THIS IS JUST PERTAINING TO A, IS THE A DU ALLOW OR ARE WE ALLOWING THIS A, D, U AND B, THE SQUARE FOOTAGE OF IT? THIS HAS NOTHING TO DO WITH TENANTS OR OWNERS OR IT'S JUST A PHYSICAL STRUCTURE? THAT'S ABSOLUTELY RIGHT, MR. OKAY. 
          SO NO MATTER IF IT'S, IT'S STANDARD BEFORE YOU GUYS, THERE'S TWO THINGS BEFORE YOU GUYS. 
          ONE IS THE ISSUE WITH THE A DU. 
          SO THAT COMES OUT OF SECTION 51, A 4, 2 0 9 6, EXCUSE ME, B SIX EI, WHICH IS THE STANDARD REVIEW FOR A SPECIAL EXCEPTION OF THE SINGLE FAMILY ZONING USE REGULATION, WHICH IS ALLOWED 'EM TO HAVE AN ADDITIONAL DWELLING UNIT. 
          MM-HMM . 
          THE STANDARD THERE IS THAT IN THE OPINION OF THE BOARD, THE ADDITIONAL DWELLING UNIT WILL NOT BE USED AS A RENTAL ACCOMMODATION OR ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          THE SECOND THING BEFORE YOU IS A, A VARIANCE, A RE FOR THE FLOOR AREA, UH, STRUCTURE ESSENTIALLY TO HAVE A LARGER ACCESSORY DWELLING UNIT. 
          AM I, IS THAT OKAY? AND THEN OF COURSE THE STANDARD FOR THE VARIANCE IS THE STANDARD FOR ALL VARIANCES. 
          THE FIRST ELEMENT IS THAT NOT BE CONTRARY TO, UH, PUBLIC INTEREST. 
          THE SECOND ELEMENT IS THAT IT MUST BE OF A RESTRICTED AREA, SHAPE OR SLOPE. 
          AND THIRDLY, IT CANNOT BE GRANTED TO RELIEVE THE SELF-CREATED HARDSHIP. 
          UM, SO JUST A POINT OF CLARIFICATION, THE A DU, UH, WILL NOT BE LARGER THAN THE MAIN HOME. 
          IT'S, IT'S JUST EXCEEDING THE 25%. 
          GOT IT. 
          ALRIGHT. 
          THANK YOU BOTH FOR THAT MADAM VICE CHAIR. 
          I'D LIKE TO MAKE A MOTION. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BDA 2 4 5 DASH ZERO 15 ON APPLICATION OF BLANCA CARDENAS GRANT, THE REQUEST TO CONSTRUCT MAINTAIN AN ADDITIONAL DWELLING UNIT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE IS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE. 
          'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE OUS DEVELOPMENT CODE. 
          COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN NUMBER TWO, THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL DWELLING UNIT AS RENTAL ACCOMMODATIONS. 
          I'LL GO AHEAD AND SECOND UP. 
          YEAH. 
          UM, SO I THINK, UH, WITH REGARDS TO JUST THIS, UH, ADDITIONAL DWELLING UNIT, IT'S, UM, YOU KNOW, THE, THE APPLICANT HAS, UH, MADE IT CLEAR THAT HER DAUGHTER WILL BE BE STAYING IN THE DWELLING UNIT. 
          WE HAVE NO REASON TO BELIEVE OTHERWISE. 
          UM, AND, UM, I THINK THAT'S, UM, REALLY ALL WE NEED TO KNOW. 
          UM, AND IT'S NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES. 
          UM, UH, AND WE'VE CLEARLY, WE CLARIFIED THAT THE, THE EXISTS, THE GARAGE WAS EXISTING AND 
          [01:10:01]
THAT WAS LEGAL. 
          UM, THAT THERE IS A PERMANENT HOME FILE FOR THE GARAGE STRUCTURE. 
          SO, UM, I SEE NO PROBLEM WITH IT. 
          OKAY. 
          UM, I'VE GOT A FEW POINTS, UH, FOR WHY I'LL BE SCORING THIS MOTION. 
          THEY'RE A LITTLE BIT DIFFERENT THAN MR. FINNS HERE. 
          FIRST OFF, UM, THIS MOTION GOES TO THE ACTUAL CONSTRUCTION OF THE A DU, WHICH AS WE KNOW, IT'S, IT IS ALREADY EXISTING. 
          UM, OUR RESPONSIBILITY ON THE BOARD IS NOT TO BE LANDLORDS. 
          UM, THAT IS, THAT IS A, UM, CODE COMPLIANCE ISSUE. 
          SO I'M GONNA SPEAK TO MS. WILLIAMS. UM, AND THIS IS ON THE POINT OF PUBLIC INTEREST SINCE WE DID HAVE SOMEONE FROM THE COMMUNITY, UM, VERY VOCALLY SPEAK OUT AGAINST THIS. 
          IT SEEMS LIKE THERE IS A LARGER ISSUE WITH THIS PROPERTY, UM, WITH THE DEED RESTRICTION THAT THIS A DU NOT BE USED AS A RENTAL ACCOMMODATION THAT IS GOING ON THE BOOKS IF THIS MOTION DOES PASS. 
          SO I BELIEVE THAT, UM, THE PUBLIC INTEREST, IF MS. WILLIAMS OR ANYONE ELSE IN THE COMMUNITY SEES, UH, THIS, THIS PROPERTY BEING USED AGAIN, UH, FOR RENTAL ACCOMMODATIONS, YOU NOW HAVE THE LEGAL RIGHT TO CALL IT IN. 
          UM, AND THEN MY SECOND POINT THERE, AND I THINK THAT KIND OF COVERS THE, YEAH, THE RENTAL ACCOMMODATIONS AND THEN THE PUBLIC INTERESTS ADVERSELY AFFECTING PROPERTIES. 
          BUT, UH, SPEAKING BROADER, I MEAN WHETHER THIS PROPERTY OWNER STAYS THERE FOR THE NEXT TWO YEARS OR IF IT'S SOLD DOWN THE ROAD. 
          UM, SPEAKING TO JUST THE ADDITION OF NEW HOUSING AND A DI DO NOT SEE THIS AS AN ISSUE, UM, FOR JUST HOUSING IN GENERAL IN DALLAS. 
          BUT AGAIN, UM, THIS DEED RESTRICTION I FULLY, UM, THIS IS PRIMARILY THE REASON WHY I'M SUPPORTING THIS MOTION IS THAT DEED RESTRICTION FOR RENTAL ACCOMMODATIONS, UM, I'LL NOT BE SUPPORTING THE MOTION. 
          UM, I DO NOT BELIEVE THAT THIS APPLICANT WILL NOT BE USING THIS AS RENTAL ACCOMMODATIONS. 
          UM, I THINK THE PERSON THAT OWNS THE HOUSE DOES NOT LIVE THERE. 
          THE ODDS OF HER DAUGHTER LIVING THERE ARE SLIM TO NONE. 
          AND GIVEN THE NEIGHBOR'S TESTIMONY, I DO NOT BELIEVE THAT IT'LL NOT BE USED AS RENTAL ACCOMMODATIONS REGARDLESS OF WHATEVER RESTRICTIONS WE PUT ON IT. 
          UM, I DO NOT THINK THAT THE CITY HAS THE ABILITY TO ENFORCE SOMETHING AND I THAT WE KNOW IS PROBABLY NOT, IS GOING TO BE A RENTAL ACCOMMODATION. 
          I ALSO BELIEVE THAT BY ALLOWING IT NOT THE A DU ITSELF, BUT THE FACT THAT IT WILL BE RENTED WILL ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          I WILL NOT SUPPORT THE MOTION. 
          MR. SYKE, UH, I WILL NOT BE SUPPORTING THE MOTION. 
          EITHER. 
          THE OWNER DIDN'T SHOW UP, DIDN'T CALL IN TO GIVE TESTIMONY. 
          UH, A AND I THINK IT, UH, IS CONTRARY TO PUBLIC INTEREST. 
          UH, AND, UH, FOR THE SAME REASONS AS THE, THE CHAIRMAN STATED, I WILL NOT BE SUPPORTING THE MOTION. 
          YEAH. 
          I ALSO WILL NOT BE SUPPORTING THE MOTION. 
          UM, YEAH, I I DON'T THINK WE HAVE ANY TESTIMONY TO SUPPORT A VARIANCE IN THIS CASE BECAUSE THE ONLY PERSON TO SPEAK WAS MS. CARDENAS. 
          MS. CARDENAS IS ALSO THE PERSON WHO SIGNED THE AFFIDAVIT AND SHE TOLD US THAT SHE DOESN'T HAVE PERSONAL KNOWLEDGE OF WHAT'S HAPPENING AT THE PROPERTY. 
          AND SHE'S JUST REPEATING WHAT MS. GUTIERREZ SAID WHO DIDN'T SHOW UP AND DIDN'T TESTIFY. 
          SO I, I ULTIMATELY THINK, YOU KNOW, I'M PERSUADED BY MS. WILLIAMS'S TESTIMONY WHO SHOWED UP AND SAID THIS IS ADVERSE TO PUBLIC INTEREST AND THAT'S WHY I DON'T SPLIT THE MOTION. 
          OKAY. 
          WE HAVE A ROLL CALL VOTE. 
          MR. CANNON. 
          AYE. 
          MR. FINNEY? AYE. 
          MR. GRAHAM? NO. 
          MR. SAUK NO. 
          MS. VICE-CHAIR? NO. 
          WAS TO GRANT FAILS? TWO TO THREE. 
          OKAY. 
          SO THAT MEANS THAT IT HAS BEEN DENIED OR DO WE HAVE TO MAKE ANOTHER MOTION? I CANNOT REMEMBER. 
          SO YOU CAN MAKE ANOTHER MOTION OR WE CAN JUST MOVE FORWARD TO THE NEXT THING. 
          IF YOU MOVE FORWARD TO THE NEXT THING, IT WILL BE PERCEIVED AS DENIED WITH PREJUDICE. 
          SO IF SOMEBODY WANTED TO MAKE A, UH, THE MO, IF NOBODY MAKES A MOTION, THAT WILL BE AN DEFAULT POSITION THAT IT DENIED THE PRESIDENT. 
          OKAY. 
          IT DIDN'T. 
          I'LL MAKE A MOTION. 
          OKAY. 
          OKAY. 
          UM, LET'S SEE HERE. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER, UH, BDA 2 4 5 DASH 0 1 15 ON APPLICATION OF BLANCA CARDENAS DENY THE VARIANCE TO THE FLOOR AREA RATIO FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS REQUESTED BY THIS APPLICANT WITH PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF PAM, YOU WE WERE, WE WERE STARTING WITH THE A DU AND SO YOU NEED TO GO BACK AND READ. 
          YOU'RE ON THE WRONG. 
          I'M ON THE WRONG. 
          OKAY, SO GO BACK TO MOTION ONE. 
          SORRY. 
          YEP. 
          SORRY. 
          OKAY. 
          THE MOTION, WELL, WE DON'T KNOW THE MOTION, BUT THAT IS WHAT I'M ASSUMING HE'S GETTING 
          [01:15:01]
READY TO MAKE. 
          YES, BECAUSE IF, IF, IF WE JUST PASS ON IT WOULD BE DENIED WITH PREJUDICE, WHICH MEANS THEY CAN'T COME BACK FOR TWO YEARS. 
          TWO YEARS. 
          OKAY. 
          OKAY. 
          UM, WOW. 
          LET'S REWIND THAT THEN. 
          UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUESTS NUMBER BDA 2 4 5 DASH ZERO 15 ON APPLICATION OF BLANCA CARD DENY THE SPECIAL EXCEPTION TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWED THAT GRANTING THE APPLICATION WOULD D ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          I ANDREW FINNEY SECOND THE MOTION. 
          ANYBODY HAVE ANY DISCUSSION? UH, ROLL CALL VOTE. 
          MR. CANNON AYE. 
          MR. FINN? AYE. 
          MR. GRAHAM? AYE. 
          MR. SAUK AYE. 
          MS. VICE CHAIR AYE. 
          MOTION TO DENY WITHOUT PREJUDICE PASSES? FIVE TO ZERO. 
          OKAY. 
          AND WE HAVE A SECOND, UM, PART TO CONSIDER ON THIS CASE, WHICH IS THE MOTION FOR GRANTING OR DENYING THE VARIANCE FROM THE FLOOR AREA RATIO REGULATIONS. 
          SO I HAVE A MOTION FOR THIS. 
          YES. 
          UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA UH, 2 4 5 DASH 15 ON APPLICATION OF BLANCA CARDENAS DENIED THE VARIATION TO THE FLOOR AREA RATIO FOR STRUCTURE FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE FISCAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT. 
          SECOND, QUICKLY HERE, UM, ALTHOUGH I DID ORIGINALLY VOTE TO, UM, GRANT THE VARIANCE FOR THE A DU, REGARDLESS, I BELIEVE THAT THE CONFIGURATION OF THIS A DU DOES NOT NEED THE ADDITIONAL BUT NEARLY 50 SQUARE FEET THAT IT COULD HAVE BEEN RECONFIGURED IN A WAY THAT WOULD'VE FELL WITHIN THE, UM, 25% OF THE MAIN STRUCTURES, UM, EXISTING FOOTPRINT. 
          SO THAT REGARDLESS OF THE FIRST MOTION, UM, MY, THAT WAS MY THOUGHT TO BELIEVE THAT THIS COULD HAVE BEEN RECONFIGURED. 
          YEAH, I WOULD JUST INCORPORATE MY SAME COMMENTS FROM BEFORE. 
          SO I, I FEEL THE SAME WAY ABOUT THIS MOTION, AND I WILL NOT BE VOTING FOR THIS MOTION. 
          I, UH, BECAUSE, UH, I THINK THAT, UH, THE, THE APPLICANT MADE IT VERY CLEAR THAT SHE USED THE EXISTING EXTERIOR WALLS OF THE, UH, GARAGE THAT WAS LEGALLY BUILT, UM, SEVERAL YEARS AGO. 
          UM, AND I THINK IT'S ABSURD TO EXPECT SOMEONE TO MODIFY, SPEND THE MONEY MODIFYING THE EXTERIOR WALLS FOR 3% LESS SQUARE FEET. 
          UH, I THINK IT'S ABSURD ON ITS FACE. 
          SO I WILL NOT BE VOTING FOR THIS MOTION. 
          UM, I ALSO, UM, WILL NOT BE SUPPORTING, UM, THIS PIECE. 
          UH, WELL, YOU KNOW WHAT? I, I DO SUPPORT THE MOTION, UM, BECAUSE THE, THE, YEP. 
          SO I, I SUPPORT THIS MOTION BECAUSE WE'VE DENIED THE ACCESSORY UNIT AND IT, THIS JUST FOLLOWS INTO PLACE. 
          I MEAN, I UNDERSTAND WHERE YOU'RE COMING FROM, MR. FINNEY AND I TEND TO AGREE WITH YOU IN ANY OTHER CASE, THEY BUILT WITHIN THE GARAGE WINDOW. 
          BUT BECAUSE WE HAVE DENIED THE ACCESSORY UNIT, I WILL NOT BE, I, I WILL SUPPORT THE MOTION BECAUSE THERE IS NOT AN ACCESSORY UNIT TO SUPPORT IF THEY COME BACK WITH THE PROOF, UM, BECAUSE WE DENIED IT WITHOUT PREJUDICE THAT IT IS GOING TO BE A RENTAL AND THAT IT IS NOT ADVERSELY AFFECTING NEIGHBORING PROPERTY. 
          I WOULD BE INCLINED TO SUPPORT THIS BECAUSE IT WAS AN EXISTING STRUCTURE, BUT BECAUSE THERE IS NOT A CASE TO BE SUPPORTED, I WILL BE SUPPORTING MR. CANNON'S MOTION IF THAT FOLLOWS. 
          DOES THAT FOLLOW? OKAY. 
          THERE YOU GO. 
          UM, SO ANY OTHER COMMENTS ON THAT? ROLL CALL VOTE. 
          MR. CANNON? AYE. 
          MR. FINNEY? NAY. 
          MR. GRAHAM? AYE. 
          MR. SAUK? YES. 
          MS. VICE CHAIR? YES. 
          MOTION TO DENY PASSES. 
          4, 2 1. 
          DOES THAT MAKE SENSE? YES. 
          YES. 
          OKAY. 
          ALL RIGHT. 
          UM, DO I GET THIS BY WRITTEN? YEAH, THERE WILL BE, UM, A LETTER FOR BOTH THE CASES, UM, MAILED TO YOU WITH THE RESULTS. 
          OH, THANK YOU. 
          THANK YOU SO MUCH. 
          [01:20:01]
CAN I MAKE ONE STATE NOTE JUST FOR THE APPLICANT? YES. 
          UM, MS. UM, MS. CARDENA, FIRST OF ALL, THANK YOU. 
          I MEAN, YOU'RE HERE FOR TWO CASES, BACK TO BACK. 
          ONE OF THE THINGS, UM, AS YOU MAY BE HAVE BECOME WELL AWARE THAT, YOU KNOW, COMMUNITY INPUT, UM, IS PART OF WHAT WE HAVE TO CONSIDER FOR, UM, FOR MAKING, YOU KNOW, OUR DECISIONS HERE. 
          SO, YOU KNOW, JUST FOR THE CASE THAT WE VOTED ON, HAVING COMMUNITY OR AT LEAST REACHING OUT TO, UH, THE NEIGHBORS, THAT THAT CARRIES A LOT OF WEIGHT, AS YOU SAW WITH MS. WILLIAMS AND SOME OF WHAT THE, SHE REPRESENTED THE, UM, COMMUNITY SENTIMENT AROUND THIS. 
          SO THIS IS JUST, UM, ONE OF THE MAIN THINGS THAT WE DO CONSIDER, UM, AS FAR AS MAKING OUR DECISIONS. 
          JUST WANTED TO JUST PUT THAT OUT THERE ON THE RECORD. 
          SO, UM, THAT YOU ARE AWARE OF. 
          SO, YES, UM, I THINK I LEARNED SOMETHING TODAY AND, UH, BECAUSE I'M CLEARLY, I'M KIND OF EMBARRASSED. 
          UM, IT'S NOT THAT I'M SAYING ANY LIES OR I'M JUST HERE TELLING YOU WHAT MY, MY CLIENT'S TELLING ME. 
          UM, MY, UM, PROBLEM WAS NOT TO GO FURTHER AND LOOK AT AT THE NEIGHBORS BECAUSE AS YOU SAID, UM, IT'S NOT ONLY THE OWNER, IT'S INVOLVED THE WHOLE COMMUNITY. 
          AND, UM, I LEARNED THAT NOW AND FOR FURTHER PROJECTS, I'M GONNA TAKE THAT AHEAD. 
          MM-HMM . 
          THANK YOU SO MUCH. 
          THANK YOU. 
          GOOD DAY. 
          OKAY, WE'LL NOW MOVE ON TO BDA 2 4 5 DASH 0 2 0 17 11 BAAM JEAN BOULEVARD. 
          THE APPLICANT WILL PLEASE STEP FORWARD. 
          UM, IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS AND THEN WE'LL SWEAR YOU IN. 
          AND IF THERE ARE OTHER PEOPLE THAT ARE GOING TO BE SPEAKING ON THIS AND THEY'RE ALL HERE PRESENT IN THE ROOM, WE CAN SWEAR EVERYBODY IN AT THE SAME TIME. 
          BUT THANK YOU MADAM CHAIR SANTOS MARTINEZ, 24 89 CAMINO PATTA LOOP, NORTHEAST RIO RANCHO, NEW MEXICO, 8 7 1 4 4. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          IS THERE ANYBODY ELSE SPEAKING ON THE CASE? THERE'S NO OTHER SPEAKERS. 
          THANK YOU MA'AM. 
          CHAIR MEMBERS OF THE MISSION. 
          UM, WE'VE HAD THIS SPACE USED AS A BAR SINCE 2015 WHEN INDUSTRY ALLEY HAD THIS SPACE OFF OF, UH, AT THE TIME SOUTH LAMAR, UH, BAAM JEAN. 
          DURING COVID, THE OPERATOR, UH, BECAME ILL, MADE AN OFFER TO HIS PARTNER TO TAKE OVER THE BUSINESS THAT DIDN'T WORK WELL, UH, FOR EVERYBODY. 
          UH, BECAUSE SUBSEQUENTLY THE STATE OF TEXAS CLOSED ALL BARS. 
          IF YOU'LL REMEMBER, DURING COVID, RESTAURANTS WERE CLOSED, BUT THEN RESTAURANTS COULD REOPEN. 
          YOUR OUTSIDE DINING WAS AVAILABLE, YOU COULD HAVE ORDERS TO GO. 
          BARS HAD NO PRIVILEGES, THEY HAD TO REMAIN CLOSED. 
          THAT TENANT WENT AWAY. 
          WE HAD ANOTHER TENANT INTERESTED IN THAT SPACE. 
          WE FILLED OUT A LEASE. 
          I BELIEVE YOUR DOCKET SHOWS AT LEAST FOUR LEASE AGREEMENTS THAT THE PROPERTY OWNER HAS EXECUTED WITH POTENTIAL TENANTS TO TAKE OVER THAT EXACT SAME SPACE. 
          THAT TENANT, I ACTUALLY WORKED ON THEIR CO APPLICATION. 
          WE WENT IN AND YOU HAVE TO DEMONSTRATE, HAVE YOU BEEN CLOSED FOR SIX MONTHS OR MORE OR LESS. 
          AND WE WERE TOLD, WE WON'T PENALIZE YOU FOR COVID. 
          BUT THEN WE WERE PENALIZED FOR COVID. 
          THAT OPERATOR COULDN'T GO THROUGH THE CYCLE AND WAIT. 
          SO THEY LEFT. 
          ANOTHER OPERATOR CAME TO THE OWNER APPROACHED, SAID, WE'D LIKE TO TAKE OVER THE SPACE. 
          YOU'LL NOTICE IN ALL THE LEASE AGREEMENTS, THERE WERE NO LANGUAGE TO REMODEL THE SPACE. 
          IT'S AS IS. 
          IT'S BEEN A BAR, SRAP IS HERE, ALL THE THINGS YOU NEED TO RUN A BAR ARE RIGHT HERE. 
          SO YOU'VE SEEN NO PERMIT HISTORY AND THE CITY SYSTEM TO REMODEL THIS SPACE TO MAKE IT BIGGER, MAKE IT SMALLER, IT'S, THEY WANT TO TAKE OVER THIS SPACE THAT'S BEEN THERE SINCE 2015. 
          IT HAS OUTSIDE PATIO PORTIONS OF IT CUPBOARD, UH, WHICH IS GREAT FOR BARK PATRONS WHO WANT TO SMOKE BECAUSE YOU CAN GO LEGALLY GO OUTSIDE AND DO THAT. 
          UM, AND WE'VE BEEN RUNNING THROUGH THIS SINCE 2021, WHERE TENANTS HAVE SIGNED LEASES, WHICH SHOWS A CLEAR INTENT BY THE PROPERTY OWNER THAT THEY WANT THIS USE TO REMAIN. 
          THE CODE SAYS, PLEASE DEMONSTRATE THAT THERE'S NEVER BEEN AN ATTEMPT TO NOT BE A BAR. 
          OUR LEASES HAVE BEEN EXECUTED. 
          WE ONLY, UH, UH, DARKENED OUT THE PRIVATE INFORMATION OF THE LEASE OPERATOR AND THE OWNER, THEIR THEIR PERSONAL ADDRESSES, THINGS OF THAT NATURE. 
          BUT YOU'LL SEE IT'S CONSISTENT WITH ALL OF THE LEASES WE'VE EXECUTED FOR THE LAST FOUR YEARS FOR THIS SPACE TO BE REACTIVATED AS A BAR. 
          AND WE KEEP RUNNING INTO THIS, UH, DEMONSTRATION AT THE PERMIT CENTER OF, WELL, PROVE TO ME YOU HAVEN'T BEEN CLOSED. 
          WE'VE DEMONSTRATED THE LEASE, WE'VE DEMONSTRATED UTILITY BILLS, AND THEN IT CAME DOWN, CAME DOWN TO, WELL, WE DON'T SEE ANY ALCOHOL SALES. 
          WELL, WE CAN'T BE A BAR WITHOUT A CO, 
          [01:25:01]
WE'RE TRYING TO GET A CO SO IT COULD BE A BAR. 
          HERE'S THE HISTORY OF ALL OF OUR LEASE AGREEMENTS TO CLEARLY SHOW WE HAVE NEVER WANTED TO CHANGE THIS SPACE INTO ANYTHING ELSE, BUT WE JUST LIKE TO REACTIVATE IT AS A BAR. 
          UM, STAND FOR ANY QUESTIONS YOU MAY HAVE. 
          THANK YOU, MADAM CHAIR. 
          SO ARE YOU, ARE YOU THE OWNER OR THERE'S ANOTHER, THE SAME OWNER HAS BEEN THE OWNER SINCE 2015. 
          YES, MA'AM. 
          I, I REPRESENT THE OWNER. 
          YOU REPRESENT THE OWNER. 
          I REPRESENTING BOTH, UH, WE'RE TRYING TO GET THEIR CERTIFICATE OF OCCUPANCY CLEARED AT OAK CLIFF AND THEY'RE LIKE, WELL, YOU KNOW, CLEARLY YOU HAVEN'T BEEN SELLING ALCOHOL SINCE 2020. 
          YES, THERE'S A REASON. 
          UM, SO WE'RE ATTEMPTING TO HELP THE OWNER GET A TENANT INTO THIS SPACE. 
          WE'RE ATTEMPTING THE TENANT TO GET A CERTIFICATE OF OCCUPANCY SO THEY CAN ACTIVATE THE SPACE. 
          AND IT'S, IT'S BEEN THE SAME OWNER SINCE PRIOR TO 2015. 
          UM, 2015 IS WHEN INDUSTRY ALLEY WENT IN AND GOT A VALID CERTIFICATE OF OCCUPANCY FOR AN ALCOHOLIC BROTHER ESTABLISHMENT IN THAT SPACE. 
          HOLD ON. 
          CAN YOU, UM, JUST A QUESTION HERE. 
          CAN YOU STATE THAT LAST PART? YOU SAID THAT THE TENANT NEEDS THE CO AND THEN THE OWNER NEEDS THE YOU, SO THE, THE TENANT'S TRYING TO GET A CO YES. 
          THE OWNER NEEDS TO GIVE CONSENT FOR THE TENANT, OBVIOUSLY TO GO GET THE CO RIGHT. 
          GOT IT. 
          SO YOU HAVE THE LEASE AGREEMENT, BUT THEN THE, THE OWNER HAS TO GIVE CONSENT FOR THIS HEARING. 
          RIGHT? AS THE PROPERTY OWNER, THE TENANT JUST CAN'T COME IN BEFORE YOU AND SAY, HEY, I'D LIKE TO. 
          RIGHT. 
          THE LANDLORD NEEDS TO BE A PARTY TO THAT. 
          SO WE'RE REPRESENTING THE TENANT TRYING TO GET THE CO AND I'M TESTIFYING ON BEHALF OF THE LANDLORD WHO'S LIKE, LOOK, I JUST WANT THIS CIRCUS TO STOP. 
          WE'VE BEEN TRYING SINCE 2020 TO GET A NEW CO OR A BAR AND WE KEEP RUNNING INTO THIS WALL OF WELL, YOU'VE BEEN CLOSED MORE THAN SIX MONTHS. 
          RIGHT. 
          OKAY. 
          ALRIGHT. 
          JUST FINISH WITH THE CLARIFICATION. 
          SURE, SURE. 
          UH, I HAVE A QUESTION. 
          YES, SIR. 
          UM, SO HAS, HAS THE, THE LANDLORD, UM, SPOKEN TO NEIGHBORING LANDLORDS? LIKE, LIKE ARE THEY AWARE OF WHAT'S GOING ON? UM, YEAH, I, I THINK WHAT YOU'LL FIND INTERESTING IS THAT THIS LANDLORD OWNS THE WHOLE BLOCK. 
          MM-HMM . 
          HE OWNS THE RESTAURANTS ACROSS THE STREET AS WELL. 
          OKAY. 
          UH, BEHIND HIM WHERE THE OLD SEARS BUILDING WAS, I BELIEVE THAT OWNER WAS OUTTA CHICAGO. 
          AND THEN YOU'VE GOT SOME DALLAS POLICE DEPARTMENT IS ACROSS THE STREET TOO. 
          SO THERE'S NO RESIDENTIAL ADJACENCY AROUND THIS SPOT WHERE WE WOULD ALL, YOU KNOW, YOU WOULD SEE TESTIMONY IN OTHER CASES WHERE, OH, BARS ARE BAD, WHATEVER. 
          YEAH. 
          YOU KNOW, THE OPERATORS THAT HAVE BEEN HERE IN THIS SPACE, INDUSTRY ALLEY WAS A, I NEVER WENT BECAUSE I HAD PITS AND IT'S TOO LATE FOR ME TO GO. 
          BUT IT, IT'S BEEN A GOOD TENANT. 
          THE LANDLORD HAS SCREENED THE TENANTS TO GO INTO THIS SPACE. 
          HE'S VERY SELECTIVE ON WHO HE WANTS TO LEASE HIS PROPERTY TO. 
          SO I THINK THAT'S A TESTAMENT ON THEIR DUE DILIGENCE TO MAKE SURE IT'S NOT, UH, HEY, THIS IS MY FIRST TIME I WANNA RUN A BAR, KIND OF THING. 
          HE'S LOOKED AT THEIR BACKGROUND, SEE THEIR OTHER CONCEPTS, OR SEE WHERE THEY'VE PARTNERED AND OTHER SUCCESSFUL CONCEPTS TO TAKE OVER THE SPACE. 
          I HOPE THAT HELPED. 
          YEAH, THANK YOU. 
          SO HOW, I MEAN, SINCE HE OWNS IT, HOW, HOW MANY RESTAURANTS ARE ON THAT STREET? JUST OUTTA CURIOSITY, IT WAS HARD FOR TO TELL FROM THE DRIVE BY WHAT ALL WAS THERE? SO THE, THE BIG ORANGE BRICK BUILDING HAS A RESTAURANT TENANT ON THE END SPACE. 
          IT HAS, UH, A DANCE VENUE IN THE MIDDLE TATTOO PARLOR. 
          THERE'S AN EMPTY SPACE TO THE RIGHT THAT THEY'RE OFF LOOKING TO GET A TENANT ON. 
          BUT THEN THERE'S ANOTHER RESTAURANT TWO DOORS DOWN, UM, RIGHT BEFORE YOU GET TO THE PARKING LOT. 
          AND THEN OFF THE BONE BARBECUE IS RIGHT ACROSS THE STREET. 
          THAT'S ALSO HIS ESTABLISHMENT. 
          I DON'T KNOW IF YOU REMEMBER SANDWICH HAG THAT'S BEHIND OFF THE BONE BARBECUE. 
          THAT'S ALSO HIS PROPERTY AS WELL. 
          UH, RIGHT BEHIND OFF THE BONE BARBECUE ON ER IS A LARGE BUILDING THAT THEY'VE GOT UNDER PERMIT REVIEW FOR A NEW RESTAURANT AS WELL. 
          UH, BEHIND, I THINK THEY SHARE A PARKING LOT WITH EDDIE DEAN'S. 
          SO YOU SEE, UH, A LOT OF RETAIL RESTAURANT PERSONAL SERVICE USES FROM MCKEE GOING BACK TOWARDS, UH, UH, THE NEXT, UH, ALEXANDER IS THE NEXT WALK OVER. 
          ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO, THE SPEAKERS REGISTER. 
          DO WE HAVE A MOTION? UH, I HAVE A MOTION. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 20 ON THE APPLICATION OF SANTOS MARTINEZ GRANT, THE REQUEST TO RESTORE NON-CONFORMING ALCOHOLIC BEVERAGE ESTABLISHMENT USE AS A SPECIAL EXCEPTION TO THE USE REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE. 
          'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THERE WAS A CLEAR INTENT NOT TO 
          [01:30:01]
ABANDON THE NON-CONFORMING USE EVEN THOUGH THE USE WAS DISCONTINUED FOR SIX MONTHS OR MORE. 
          I'LL SECOND THE MOTION DISCUSSION OR COMMENT? YEAH, I MEAN, I THINK IT'S, UM, UH, HE MADE A VERY CLEAR, CLEAR CASE, UH, EXPLAINING WHY IT'S TAKEN SO LONG TO FIND A NEW TENANT. 
          UM, AND SO THERE'S JUST NO REASON TO BELIEVE THAT THEY HAD ANY INTENT OF ABANDONING THE NON-CONFORMING USE. 
          AND SO I THINK THAT MAKES OUR DECISION PRETTY SIMPLE. 
          YEAH. 
          AND, UH, FOR THE SAME REASONS AS MR. FINNEY STATED, UM, I SUPPORT THE MOTION. 
          I THINK THEY'VE ATTEMPTED TO GET SOMEONE IN, UM, AND THE INTENTION WAS NEVER TO ABANDON, UM, THE, UH, THE USE PERMIT. 
          SO FOR THAT REASON I AM SUPPORTING IT. 
          ANY OTHER COMMENTS? ROLL CALL, VOTE. 
          MR. CANNON? AYE. 
          MR. GRAHAM? AYE. 
          MR. SAUTE? AYE. 
          MR. FINNEY? AYE. 
          MS. VICE CHAIR? AYE. 
          MOTION TO GRAHAM PASSES? FIVE TO ZERO. 
          THANK YOU. 
          ALRIGHT, UM, BDA 2 4 5 DASH 0 2 5 45 19 CABELL DRIVE. 
          IF, UM, THE APPLICANT WOULD PLEASE STEP FORWARD. 
          GOOD. 
          NO, IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN WE'LL SWEAR YOU IN. 
          AND ARE THERE OTHER PEOPLE THAT'LL BE SPEAKING ON THIS CASE WITH YOU? YES. 
          OKAY. 
          THEY'LL ALL STAND UP. 
          WE'LL SWEAR EVERYBODY IN TOGETHER, BUT WE'LL LET YOU DO NAME AND ADDRESS. 
          UH, NAME IS SAMIT HANNEY. 
          UH, MY ADDRESS IS 2 4 0 1 SALMON RUN LANE, ULU, TEXAS 7 6 0 3 9. 
          MY NAME IS NIRAJ KUMAR. 
          MY ADDRESS IS 24 94 BUNDLE PARK ROAD PISTOL AND I'M THE ARCHITECT FOR THE PROJECT. 
          OKAY. 
          DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO, YES. 
          OKAY. 
          PLEASE PROCEED. 
          YOU HAVE FIVE MINUTES. 
          OKAY. 
          SO, UM, WE ARE LOOKING TO BUILD SOME TOWN HOMES ON 45 19 CABBEL. 
          UM, I'M SORRY, IS THE LIGHT ON? IT'S, YES. 
          CAN YOU HEAR ME OKAY? OH, SORRY. 
          THANK YOU. 
          SO WE'RE LOOKING TO BUILD, UH, SOME TOWN HOMES ON 45 19 CABBEL. 
          UH, WE'RE RUNNING INTO SOME ISSUES BECAUSE THE LOT WIDTH IS 50 FEET AND THE LOT LENGTH IS 157 AND EIGHT INCHES. 
          UM, SO THE CODE REQUIREMENT FOR THE MF TWO A IS A 20 FOOT DRIVEWAY, AND WE ALSO NEED ABOUT 20 FEET FOR THE, UH, GARAGE AS WELL. 
          AND SO THAT'S WHY WE'RE ASKING FOR THE, UH, SIDE SETBACK, SIDE NOTE SETBACK. 
          UM, IN TERMS OF THE REAR SETBACK, UM, WE HAD A SINGLE FAMILY LOT BEHIND, WHICH GIVES US A REQUIREMENT OF 10 FEET INSTEAD OF THE NORMAL 15 FEET FOR MF TWO A. 
          UM, SO WE'RE ASKING FOR A FIVE FOOT SIX INCH SETBACK IN THE REAR. 
          UM, IN TERMS OF THE PARKING, UH, THE LOT IS JUST VERY TIGHT IN AND OF ITSELF. 
          UH, IT'S VERY ODD SHAPE. 
          IT'S A LITTLE LIKE VERY NARROW IN COMPARISON TO ITS LINK. 
          AND SO THAT'S WHERE WE'RE KIND OF RUNNING INTO SOME ISSUES. 
          WE, SO QUESTION FOR THIS, I WAS GONNA GO FOR EITHER ONE OF YOU, BUT THE, CAN YOU JUST STATE THAT LAST PART? I MEAN, NOT THE LAST PART FOR THE REAR YARD VARIANCE, YOU'RE SAYING THAT THE, SORRY, WHAT WAS, CAN YOU REPEAT THAT PART THERE? YEAH, YEAH, YEAH. 
          SO, UM, INITIALLY THE CODE STATES THAT YOU NEED A 15 YARD SETBACK IN THE REAR. 
          UM, BUT SINCE WE BACK UP ON A SINGLE FAMILY, WE HAVE ABOUT 10 FEET. 
          BUT SINCE THE WIDTH, UH, WOULDN'T BE SUSTAINABLE FOR A TWO CAR GARAGE FOR EACH UNIT, THAT MEANS WE JUST HAVE TO BACK UP AN EXTRA FIVE FOOT SIX INCHES IN THE REAR YARD IN THE REAR. 
          YES, CORRECT. 
          AND THEN, UM, THIS QUESTION MIGHT GO FOR THE, I GUESS OUR ARCHITECT HERE, UM, IN REGARDS TO THE PARKING REGULATION, HOW FOR THE, A TYPICAL TOWN HOME DEVELOPMENT, UM, WHAT ARE, I MEAN, ARE YOU ALL, I GUESS, DOES CLIENTELE ACTUALLY SHOWING THAT THEY'RE NEEDING MORE THAN TWO CAR SPACES 
          [01:35:02]
FOR, FOR THESE PROJECTS? I MEAN, HAVE YOU DONE DEVELOPMENT LIKE THIS ELSEWHERE AND WHAT'S, I GUESS, WHAT'S BEEN THE BUYER DEMAND THAT YOU'VE SEEN? SO THIS IS MY FIRST, UH, DEVELOPMENT PROJECT. 
          AND JUST SPEAKING FROM EXPERIENCE, UM, A LOT OF, UH, NEIGHBORING SITES HAVE THE SAME ISSUE WHERE THE UNITS ARE TWO BEDROOM AND THEY'RE ONLY PROVIDING ONE GARAGE SPACE. 
          AND SO NOW A LOT OF THE NEW DEVELOPMENTS WERE ABLE TO PURCHASE LARGER PIECES OF LAND SO THAT THEY COULD INCORPORATE THE TWO PARKING SPACES, UH, WITH AN OVERHANG AS WELL FOR THE UNIT ITSELF. 
          SO THE OVERHANG WOULD GO ABOUT, WOULD BE ABOUT FIVE FEET, FIVE FEET OVERHANG, AND IT WOULD BE OVER THE GARAGE. 
          SO IT GIVES YOU AN ADEQUATE AMOUNT OF SPACE TO LIKE, UH, DURING THE BRIEFING, I DON'T REMEMBER WHO WAS TALKING ABOUT IT, BUT IT WOULD HAVE TO BE A TWO-WAY, UH, FOR THE 2010 FEET PER CAR, WE DO HAVE TWO CAR GARAGE. 
          OKAY. 
          AND THEN, UM, LAST QUESTION, AND THIS, THIS PRIMARILY IS FOR THE ARCHITECT HERE. 
          SO ONE OF, NOT, ONE OF THE MAJOR THING THAT, UM, IS BEING PRESENTED TO THIS CASE IS, UM, A LOT OF COMMUNITY OPPOSITION, ESPECIALLY FROM NEIGHBORING PROPERTIES, THAT THEIR CONCERN IS, UM, BASICALLY HEALTH AND WELLNESS. 
          SO THAT THESE SETBACKS ARE GONNA CREATE LACK OF VENTILATION, LACK OF, YOU KNOW, LACK OF VENTILATION, AIRFLOW, LACK OF SUNLIGHT TO THEIR PROPERTIES, UM, WHICH I MEAN, KIND OF CUTTING IN FIVE FEET OUT OF A 10 FOOT SETBACK ON ONE SIDE. 
          AND FROM LOOKING AT THE SITE PLAN, UM, AND THESE LOTS ARE ALREADY AS NARROW AS ARE, CAN YOU SPEAK TO, I MEAN, TO THOSE CONCERNS AS, AS AN ARCHITECT LOOKING OUT FOR THE HEALTH, SAFETY AND WELFARE OF NOT ONLY THE FOLKS THAT ARE GONNA BE BUYING THESE TOWN HOMES, BUT THEN THE NEIGHBORING PROPERTIES AS WELL? YES. 
          SO, UH, I HAVE BEEN WORKING WITH MRS. SUMIT ON THIS DESIGN FOR A VERY LONG TIME. 
          AND BEFORE COMING TO THE BOARD HERE, WE LOOKED AT ALL THE OPTIONS. 
          SO THE, THE SIDE WHERE WE ARE ASKING FOR FIVE FEET, WE HAVE, UH, TENTED RIGHT ON THE RUNNING PROPERTY. 
          THE YES, UH, THE RIGHT SIDE OF THE PROPERTY, UH, IS, UH, OUR HOUSE, THE STREET LANE, THEY FLATTED OUT THEIR PROPERTY AND THE SETBACK IS, UH, FIVE FEET ON THE RIGHT SIDE. 
          SO THAT'S KIND OF WHERE WE'RE GETTING OUT. 
          HOLD ON. 
          IS THAT, SO LOOKING AT THIS PICTURE HERE, IS THAT THE, THE RIGHT SIDE RIGHT THERE. 
          OKAY. 
          SO YOU'RE SAYING THAT YEAH, THE LEFT SIDE HAS AN ADEQUATE AMOUNT OF SPACE. 
          UH, I THINK IT FOLLOWS, UH, THE GENERAL BUILDING CODE, BUT THE RIGHT SIDE IS ONLY ABOUT FIVE FEET. 
          WE, UH, IT ACTUALLY WENT OUT THERE, BASICALLY MEASURED THEIR FRONT YARD IS SIDE YARD THAT BACKS, UH, THAT ONE. 
          UH, BUT THE POINT IS THAT, YOU KNOW, WE ARE LIVING FIVE FEET AND THE ADJOINING PROPERTY, THEY WILL HAVE WHAT, SAME FIVE FEET OR 10 FEET? FIVE, FIVE FEET. 
          SO, YOU KNOW, IF, IF YOU, IF YOU COMBINE THOSE TWO, WE HAVE 10 FEET BETWEEN THE FACE OF THE BUILDING TO THE FACE OF THE BUILDING ON OUR, ON, ON OUR NEIGHBOR MM-HMM . 
          AND THEN, I MEAN, LYING ON YOUR PROFESSIONAL EXPERTISE HERE THAT MEETS THE, UM, FIRE, UM, I'M BLANKING ON NAME, BUT CODE REGULATIONS AS FAR AS, YOU KNOW, PREVENTION OF SPREADING OF FIRE FROM ONE PROPERTY TO NEIGHBORING PROPERTIES. 
          SO, UM, UM, FROM THE FIRE STANDPOINT, IF YOU, IF YOU LOOK AT, UH, UH, FROM THE, UH, FOR FIGHTING THE FIRE, UH, WE HAVE LESS THAN 250 FEET. 
          SO FROM THE STREET, THE HOSE CAN GO REACH TO THE BACKSIDE OF THE PROPERTY. 
          AT THE SAME TIME, FROM THE BUILDING STANDPOINT, WE'LL HAVE THE RATED WALL. 
          SO IN CASE THERE'S A FIRE FROM THE PROPERTY, KNOW WE HAVE TWO HOUR, ONE HOUR RATED FIREWALL, WHICH IS REQUIRED BY THE BUILDING CODE. 
          SO THAT WILL PROTECT THIS BUILDING. 
          AND, UH, YOU KNOW, SINCE OUR WALL WILL BE ALSO FIRE RATED, SO WHEN THERE'S A FIRE, IT'S GONNA PROTECT THE NEIGHBORING BUILDING AS WELL BECAUSE IT'S, YOU KNOW, IT'S GONNA PREVENT THE FIRE TO GO FROM OUR, OUR BUILDING CODE OF THE BUILDING. 
          SO WE, WE ARE PROPOSING TO HAVE A TWO HOUR OR ONE HOUR, WHATEVER BUILDING CODE REQUIRES TO HAVE THE PIRATE WALL, UH, ON, ON THE SIDE WHERE WE ASKING FOR, UH, VARIANCE. 
          OKAY. 
          I MAY HAVE A COUPLE MORE QUESTIONS, BUT I'LL UM, HAND IT OVER TO OUR VICE CHAIR HERE. 
          SO QUICK QUESTION FOR STAFF, WE, DID WE LOOK AND SEE WHAT THESE OTHER, I MEAN THE ONE ON THE RIGHT SIDE SOUNDS LIKE THEY'RE ENCROACHING FIVE FEET AS WELL. 
          SO, UM, ACCORDING TO OUR RECORDS, UM, NO OTHER PROPERTIES THE JASON PROPERTIES HAVE NOT HAD TO SEEK, AVAIL IT THROUGH TO THE SIDE OF IT BEFORE, UM, THE OFF STREET PARKING REGULATIONS REGARDING, UM, THE GUEST PARKING, DID YOU CONSIDER MAKING, UM, 
          [01:40:01]
HAVING LESS APARTMENTS AND BE ABLE TO PROVIDE OFF STREET PARKING AND POSSIBLY NOT ENCROACH ON THE NEIGHBORS IF YOU PUT IN FIVE INSTEAD OF SIX? I GUESS POTENTIALLY IT WOULD BE AN OPTION. 
          UM, BUT IN TERMS OF THE SIDE YARD SETBACK, WE DON'T REALLY HAVE, LIKE, WE WILL, WE WOULDN'T BE ABLE TO BUILD ANY MULTI-FAMILY DEVELOPMENT ON THE PROPERTY IF THERE WAS NO SIDE YARD SETBACK. 
          SO, YOU KNOW, TO ANSWER YOUR QUESTION, MAYBE, BUT IN GENERAL, THE WHOLE FIRST FLOOR IS GONNA BE THE GARAGE ITSELF AND, UH, YOU KNOW, SHEET ROCKING AND THE WHATEVER EXTERIOR MATERIAL WE DECIDE TO USE. 
          SO RIGHT NOW WE HAVE, I MEAN, YOU KNOW, 50 FEET IS THE WIDTH OF THE PROPERTY, 20 FEET IS A DRIVEWAY. 
          SO THAT'S, THAT'S GIVEN, WE CAN'T DO ANYTHING FOR THAT. 
          AND THEN WE NEED AT LEAST 25 FEET DEPTH FOR THE GARAGE BECAUSE TYPICALLY YOU SEE A PARKING LOT IS 20 FEET. 
          HOWEVER, WHEN YOU'RE DEALING WITH THE GARAGE, YOU NEED SOME ADDITIONAL, UH, UH, AREA DIMENSION. 
          SO 25 FEET DESK FOR THE GARAGE IS THE MINIMUM WE CAN, SO IF YOU ADD THAT 25 PLUS 20, WE ALREADY 45. 
          SO FIVE FEET IS LEFT FOR THE SETBACK. 
          IF WE HAVE TO DECREASE, WE CAN'T, WE CAN'T DECREASE. 
          I MEAN, IT'S NOT GONNA WORK IF YOU HAVE TO MAKE THE BUILDING NARROWER THAN 25 FEET. 
          RIGHT. 
          ON BUILDINGS ONLY 25 FEET, UM, UH, FROM, YOU KNOW, FROM RIGHT TO LEFT. 
          SO IF YOU DECREASE IT MORE, IT'S NOT GONNA WORK. 
          YOU KNOW, IT'S, IT'S, IT'S NOT GONNA FIT THE GARAGE. 
          THAT'S TRUE. 
          SO, UM, AS YOU KNOW, FROM SITTING HERE ALL DAY, UM, YOU KNOW, WE HAVE TO, WE HAVE SPECIFIC RULES FOR THE VARIANCE AND IT'S NOT AN OR IT'S, THEY, WE HAVE TO MEET ALL THREE TO GRANT A VARIANCE. 
          AND THE FIRST ONE IS, IT IS NOT CONTRARY TO PUBLIC INTEREST. 
          AND WE HAVE FIVE LETTERS OF OPPOSITION, UM, AND WE HAVE NOT HEARD FROM THE OPPOSITION YET. 
          BUT HAVE YOU DONE ANY WORK WITH THE NEIGHBORS TO TRY AND FIGURE OUT A PLAN THAT WOULD WORK WITH THEM? UM, 'CAUSE IT'S HARD TO OVERCOME, NOT CONTRARY TO PUBLIC INTEREST WHEN YOU HAVE NEIGHBORS, UM, COMPLAINING IF THERE'S BEEN NO WORK DONE, PARTICULARLY, HAVE YOU WORKED, TALKED TO THEM AT ALL SO FAR? NOT RIGHT, BECAUSE WE JUST CAME TO KNOW ABOUT THE POSITION. 
          OKAY. 
          TODAY. 
          YES. 
          AND, UM, AS WELL BEFOREHAND, UH, BEFORE PURCHASING THIS, PURCHASING THIS LOT, I HAD TALKED TO THE NEIGHBORING DEVELOPMENT AND THEY BASICALLY HAD SAID THAT THEIR SETBACKS WERE DETERMINED COMPLETELY DIFFERENTLY, UH, BECAUSE THEY HAD FLATTED IT OUT. 
          SO THEY HAD CREATED, THEY HAD COME TO THE CITY, THEY HAD CREATED THEIR OWN STREET NAME, THEY HAD CREATED A DIFFERENT STREET NUMBER FOR EACH UNIT. 
          AND SO THEIR REQUIREMENTS WERE A LOT DIFFERENT. 
          WHEREAS THE LEFT SIDE, THEY HAVE A QUITE A BIGGER LOT. 
          UM, SO THEY WERE ABLE TO PROVIDE THE, YOU KNOW, CORRECT, UH, SIDE YARD SETBACK AND THE DEPARTMENTS SPACE REQUIREMENTS. 
          SO WE'RE JUST REALLY AT A RESTRICTION BECAUSE THE SIZE OF THE LAW AND THE DIMENSIONS ARE A LITTLE BIT OFF IN TERMS OF, YOU KNOW, A NORMAL MF TWO A LAW, ESPECIALLY IN THIS, YOU KNOW, ZONING DISTRICT. 
          RIGHT. 
          SO THAT, THAT'S ONLY ONE, THAT'S ONLY ONE PIECE OF THE VARIANCE. 
          AND THAT'S, AND THAT, I MEAN, IN THE, YOU REALLY NEED TO WORK WITH THE NEIGHBORS TO SEE IF THEY'RE, YOU KNOW, CAN YOU MOVE UP IN THE BACK. 
          UM, IS THERE SOMETHING THAT YOU CAN DO TO, I, I'M NOT SURE, BUT I ALSO, ONE THING THAT WOULD ALSO FALL UNDER NOT CONTRARY TO PUBLIC INTEREST IS HAVING ADDITIONAL CARS ON THE STREET. 
          UM, HAS THERE BEEN A PARKING STUDY DONE TO SHOW THAT THERE IS, UM, ACTUAL PARKING FOR GUESTS ON THE STREET? OR WHERE WILL THEY PARK? UM, MADAM VICE CHAIR, YEAH. 
          IF I MAY, UM, SO BACK TO YOUR PREVIOUS QUESTION, WHEN YOU ASKED ABOUT HAVE THEY CONSIDERED DOING ONE LESS UNIT TO ACCOMMODATE THE REAR SIDE YARD SETBACK, I THINK Y'ALL MISUNDERSTOOD HER QUESTION. 
          I, I THINK Y'ALL, Y'ALL STARTED ANSWERING RE UH, REGARDING THE, THE SIDE YARD SETBACK, BUT SHE WAS ACTUALLY DISCUSSING THE REAR YARD SETBACK. 
          AND IF YOU CONSIDER DOING ONE LESS UNIT TO MAV ROOM, UH, TO NOT ONLY ENCROACH IN THAT REAR YARD SETBACK, BUT THEN ALSO TO PROVIDE THE REQUIRED PARKING, VISITOR PARKING, UH, DID Y'ALL EXPLORE THAT IN YOUR PERFORMA? SO WE ARE OPEN TO THAT, UH, UH, POTENTIALLY, YOU KNOW, CONSIDER THAT AND SEE IF THAT'S GONNA MAKE SENSE. 
          UH, HOWEVER, LIKE SITE SETBACK, THAT'S ABSOLUTELY, WE NEED THAT BECAUSE WITHOUT THAT, IT'S NOT GONNA WORK. 
          AND WE ARE ALSO WILLING, UH, TO WORK WITH THE NEIGHBOR. 
          LIKE I JUST SAID, WE JUST CAME TO KNOW ABOUT THE POSITION TODAY SO THAT, YOU KNOW, MY BACKGROUND, I'M ALSO LIKE YOU GUYS AND THE BOARD, I'M THE BOARD FOR THE CITY OF CISCO, 
          [01:45:01]
SO I UNDERSTAND HOW IT WORKS AND I'M WILLING TO WORK WITH THE NEIGHBORS, UH, AND, UH, SEE HOW WE CAN SATISFY THEM. 
          AND IT WORKS MUTUALLY GOOD FOR BOTH OF US. 
          AND ALSO, JUST TO ADD TO HIS ANSWER, UM, HE DID EXPLORE THE OPTION TO DO, UH, FIVE UNITS, BUT THE WIDTH OF THE UNIT IS JUST ABOUT 20 FEET. 
          I THINK IT'S ALMOST 20 FEET, SOMETHING LIKE THAT. 
          AND SO WE WOULDN'T REALLY HAVE ENOUGH SPACE TO FILL IN TWO PARKING SPACES EITHER WAY. 
          LIKE IT WOULD HAVE TO BE, UH, ONE OR A UNIT ESSENTIALLY. 
          SO WE ARE OPEN TO, BUT ONE WOULD BE BETTER THAN NONE. 
          OH, NO, AB ABSOLUTELY, ABSOLUTELY. 
          YEAH. 
          THE BIGGEST THING, YOU KNOW, IN THIS WHOLE, YOU KNOW, GREEN, LOWER GREENVILLE AREA IS MOST PEOPLE STREET PARK, EVEN WITH THESE, UH, LIKE TWO PARKING, UH, TWO REQUIRED GUEST PARKING SPACES, MOST PEOPLE, UH, LIKE WOULD CREATE A GATE OF SOME SORT TO GET INTO THE DEVELOPMENT ITSELF. 
          AND SO THEY END UP HAVING THEIR GUESTS JUST PARK IN FRONT OF THE, UH, DEVELOPMENTS AND THEY WALK OVER, UH, THROUGH THE SIDE YARD, WHICH IS SHOWN IN THE, UH, UH, SITE PLAN. 
          UM, DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? YES, I HAVE ONE MORE QUESTION. 
          SO JUST, BUT I'M, I'M REALLY JUST FOCUSED ON THIS REAR YARD SETBACK. 
          UM, DID Y'ALL EXPLORE, UM, ANY OTHER LAYOUTS WHERE KEEPING THE SAME NUM, SAME NUMBER OF UNITS, YOU PERHAPS TAKE YOUR LAST TWO UNITS AND TURN THEM ADJACENT TO THE STREET AT THE BACK? THAT WAY YOU HAVE, UM, YOU'RE, YOU'RE NOT, YOU DON'T NECESSARILY HAVE TO GO ALL THE WAY INTO THAT REAR YARD SETBACK. 
          I MEAN, AGAIN, I'M NOT DOING THE MATH IN MY HEAD, SO I'M, I'M, I'M SURE YOU'RE, YES, WE HAD EXPLORED THE OPTION, BUT THE SAME, UH, DRIVEWAY REQUIREMENT POSES, UH, AN ISSUE. 
          THERE WOULDN'T BE ENOUGH, UH, LIKE 20 FEET. 
          EVEN IF WE WERE TO, UH, GIVE THE FULL 10 FEET, UH, IN THE REAR SETBACK, WE WOULDN'T BE ABLE TO SATISFY THE 20 YARD DRIVEWAY. 
          AND IT, IT'S GONNA ALSO BE A PROBLEM FOR THE UNIT, WHICH IS, YOU KNOW, SECOND LAST FROM THE END. 
          BECAUSE WHEN YOU TRYING TO GET YOUR CAR OUT FROM THE GARAGE, YOU NEED A SPACE TO, YOU KNOW, TURN, UH, GO BACK AND THEN, YOU KNOW, TO GO TO THE STREET. 
          UM, SO HAVING A UNIT WHICH IS TURN 90 DEGREE WILL PREVENT TO DO THAT. 
          SO IT'LL BE A PROBLEM FOR THE, LIKE I JUST SAID, YOU KNOW, SECOND LAST UNIT FOR THE GARAGE TO GET OUT FROM THE, YOU KNOW, FROM THE GARAGE AND GO TO THE STREET. 
          RIGHT. 
          YEAH. 
          OKAY. 
          AND ALSO, UM, FORGOT TO ADD, I HEARD, UH, Y'ALL WERE TALKING ABOUT THE OPPOSITION HAD SOME, UH, YOU KNOW, POTENTIAL ISSUES WITH, YOU KNOW, GETTING ENOUGH SUNLIGHT AND THINGS LIKE THAT, UM, THAT FIVE FEET WOULDN'T BE OPPOSING ON ANYONE'S, UH, 'CAUSE THEY HAVE A FURTHER SETBACK THAN US BOTH, UH, THE LOT ON THE RIGHT AND THE LOT ON THE LEFT. 
          SO IT WOULDN'T BE, YOU KNOW, IN ANYONE'S WAY, SO TO SAY, IN TERMS OF LIGHTNING. 
          SO YOU'RE SAYING THAT YOU'RE ON THE SIDE WHERE YOU'RE REQUESTING THE FIVE FOOT SETBACK, UM, THAT NEIGHBOR IS SET BACK FURTHER THAN JUST FIVE FEET ON THEIR SIDE OF THE PROPERTY LINE. 
          SO THAT'S, IT'S NOT LIKE THERE WOULD ONLY BE 10 FEET BETWEEN THE BUILDINGS, IS THAT WHAT YOU'RE SAYING? UH, KIND OF. 
          CAN YOU REPEAT THAT? SORRY. 
          UM, YEAH, SO LIKE ON THE SIDE WHERE YOU'RE REQUESTING THE FIVE YARD SETBACK, UM, YOU'RE SAYING THAT THAT NEIGHBOR ON THAT SIDE, UH, HAS A, HAS A GREATER SETBACK, WHICH MEANS THE TOTAL DISTANCE BETWEEN THE BUILDINGS ON YOUR PROPERTY AND THE BUILDINGS ON THEIR PROPERTY WOULD BE GREATER THAN JUST, UH, A NARROW 10 FEET. 
          YES, THAT'S CORRECT. 
          AND ALSO THEIR, UH, DWELLING HEIGHTS ARE, UH, TALLER THAN OURS. 
          SO THERE WOULDN'T BE ANY SORT OF LIKE, YOU KNOW, ENCROACHMENT ON THEIR VIEWS OR ANYTHING LIKE THAT. 
          SO YOU'RE BUILDING ON, I MEAN, WE WERE LOOKING AT THAT PICTURE UP THERE BEFORE YOU'RE BUILDING ON THE LEFT SIDE WHERE THOSE PEOPLE HAD MORE, YOU'RE NOT BUILDING UP AGAINST THE ONE THAT WAS SO CLOSE TO THE FENCE. 
          EXACTLY. 
          OKAY. 
          GOT IT. 
          YEAH. 
          UM, DO WE HAVE ANY, DO WE HAVE ANY OTHER QUESTIONS? OH, GO AHEAD. 
          YEAH, SO, UM, THE, UH, BUILDING TO THE LEFT WHERE THE BLUE TRUCK IS, UM, YOU SEE THE REAR OF THE BLUE TRUCK, THAT'S THE ONE THAT YOU'RE REFERENCING THAT HAS A LARGER SETBACK? CORRECT. 
          AND HOW FAR WOULD YOU SAY THE SETBACK IS? UH, WE HAD MEASURED IT AT ABOUT 14 TO 15 FEET. 
          I KNOW IT DOESN'T LOOK LIKE IT AT ALL IN THE PICTURE AND IN OUR HEADS, WE WERE THINKING AS WELL THAT IT WAS LIKE PROBABLY LIKE FIVE TO 10 FEET, BUT IT WAS A LOT LARGER. 
          [01:50:01]
UH, AND WE HAD MEASURED THE RIGHT HAND DEVELOPMENT, UM, ONCE WE, UH, WENT TO VIEW, UH, ONE OF THE PROPERTIES, ONE OF THE UNITS, AND JUST TO MAKE SURE WE DIDN'T ENCROACH ON ANYONE ELSE'S. 
          AND HOW FAR IS THAT SETBACK? UH, THE RIGHT SETBACK, I THINK WE HAD MEASURED IT TO BE AROUND, I THINK IT WAS FIVE TO SEVEN FEET, BUT WE'LL HAVE 20 FEET OF DRIVEWAY SPACE ON THE RIGHT HAND SIDE OF THE SITE. 
          AND ON THE LEFT HAND SIDE, HOW MANY UNITS ARE ON THE LEFT? SIX UNITS? YEAH, ON THIS SIDE. 
          WAIT, UH, THE ONE ON THE LEFT IS SIX? YEAH, BOTH BOTH ARE SIX. 
          OKAY. 
          SO THE WAY, THE WAY WE DESIGN, YOU KNOW, WE PUT THE, UH, THE DRIVEWAY ON THE RIGHT HAND SIDE BECAUSE DRIVEWAY IS 20 FEET AND THEY'RE SET BACK FIVE FEET TO GET 25 FEET. 
          AND ON THE, ON THE LEFT HAND SIDE, THE SAME THING, YOU KNOW, THEY'RE SET BACK IS AROUND 15 FEET, RIGHT. 
          PLUS FIVE FEET, THAT 20 FEET. 
          SO, UH, THE PLACEMENT OF THE BUILDING AND THE DRIVEWAY WAS PART ABOUT, UH, I HAVE A QUESTION. 
          EXCUSE ME. 
          SO YOU JUST SAID THAT THE DEVELOPMENTS ON EITHER SIDE OF YOU HAVE SIX UNITS, SO HOW ARE THEY ABLE TO FIT IN SIX UNITS AND YOU ARE NOT ABLE TO WITHOUT, WITHOUT, WITHOUT A, A VARIANCE. 
          THEY HAVE A LOT, UH, WIDER LOT. 
          AND SO THEY'RE ABLE TO ACCOMMODATE MORE, UH, LIKE WITH ON THE UNIT ITSELF VERSUS, YOU KNOW, US, WE ARE AT ESSENTIALLY 20, HOW MANY FEET IS OUR YEAH, BECAUSE THE DWELLING ITSELF IS UNDER 25, 25, 25, 25. 
          25 IS THE DWELLING. 
          YES. 
          FIVE PEOPLE THAT BACK, WE ARE REQUESTING THAT'S 30 AND 20 FEET THE DRIVER, CORRECT. 
          THAT'S FEET. 
          I GUESS EVERYBODY ELSE IS MORE THAN 50 FEET. 
          RIGHT? EXACTLY. 
          THEY'RE, THEY'RE QUITE A BIT LARGER. 
          LIKE WE REALLY PUT A LOT OF THOUGHT INTO THIS DESIGN, AND WE DIDN'T WANT TO, YOU KNOW, INTRUDE ON ANYONE ELSE'S, UH, YOU KNOW, STATE OF LIVING IN ANY OF THESE UNITS. 
          UH, SO WE REALLY TRIED TO MAKE IT BEST FOR NEIGHBORING SITES AS WELL AS, YOU KNOW, RESIDENTS WHO WOULD BE LIVING IN THESE UNITS AS WELL. 
          SO, ON, ON THE PLANS, UH, IT SAYS THAT YOUR UNIT WIDTH IS 23 FEET, RIGHT? 23. 
          23 PLUS WALL. 
          YEAH, THERE'S 25 SHEET ROCK AND, UH, EXTERIOR AS WELL. 
          AND, UH, UTILITIES IN BETWEEN. 
          SO IT'S MORE THAN 23 FEET. 
          IT'S 25 FEET, I THINK FROM FACE OF THE WALL. 
          EXTERIOR FACE OF THE WALL TO THE EXTERIOR FACE ON THE OTHER SIDE IS 25 FEET. 
          I, I, I CAN, OKAY. 
          BUT THESE ARE ATTACHED UNITS THOUGH, RIGHT? THAT'S, SO THERE'S NOT AN EXTERIOR OF THE WALL NECESSARILY, BUT OUT OF THAT 25 FEET, YOU KNOW, I'LL SAY AROUND 10 INCHES WALL ON BOTH THE SIDES. 
          SO THAT LEAVES ONLY 23 FEET CLEAR OF THE GARAGE. 
          AND THAT'S THE MINIMUM WE CAN GO. 
          I MEAN, THAT'S, THAT'S THE DELI THERE. 
          I SEE WHAT YOU'RE SAYING. 
          UH, 23 FEET, UH, IS THE LENGTH, SO 25 FEET IS THE DEPTH, UH, IN WHICH THE GARAGE WOULD BE, UH, OH, YEAH. 
          SO YOU GET WHAT I'M SAYING? I'M TALKING ABOUT THE WIDTH OF EACH UNIT, SO LIKE, YEAH, YEAH. 
          THAT'S 23 FEET, CORRECT. 
          23 FEET. 
          YEAH. 
          SO, UM, IF YOU, IF YOU HAD, IF YOU WERE ABLE TO REDUCE EACH UNIT BY ONE FOOT, THAT WOULD BRING YOU WITHIN THE SETBACK. 
          UM, SO IS THAT NOT, IS THAT NOT POSSIBLE? UH, IT'S, I MEAN, IT SOUNDS SIMPLE WHEN I SAY IT, RIGHT? YES. 
          DID YOU TRY SOMETHING LIKE THAT? YES. 
          SO, UM, WHEN WE WERE LOOKING AT, UH, THE CODE, THE MINIMUM FOR A TWO BEDROOM AND MF TWO A IS A THOUSAND SQUARE FEET, AND WE WOULDN'T BE ABLE TO MEET THAT SQUARE FOOTAGE REQUIREMENT. 
          OKAY. 
          GOTCHA. 
          I HAVE A QUESTION. 
          ALL RIGHT. 
          DO WE HAVE ANY OTHER SPEAKERS ON THIS? NO, THE SPEAKERS, WE HAD TWO SPEAKERS REGISTER ONLINE, BUT THEY'RE NOT THERE, SO, UH, IN OPPOSITION, SO, OKAY. 
          AND ARE YOU SURE THEY'RE NOT THERE OR DO WE TALK ? YEAH, I'VE BEEN TRYING TO. 
          OKAY. 
          THAT. 
          UM, YEAH, THEY'RE NOT, THEY'RE NOT THERE. 
          OKAY. 
          YES. 
          I MAKE THAT . 
          YEAH. 
          OH, WE CAN MAKE A MOTION. 
          ALL RIGHT. 
          OKAY. 
          OKAY. 
          UM, LET'S SEE HERE. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 2 5 HOLD THIS MATTER UNDER 
          [01:55:01]
ADVISEMENT UNTIL OUR MARCH, 2025. 
          WHICH THE DATE ARE WE NOT MEETING IN MARCH? LL BE HAS BEEN COUNCIL MARCH. 
          OH, THE MEETING WILL BE APRIL ON PANEL C AND A MEETING. 
          OKAY. 
          UM, WELL, WHAT IS THE, UM, APRIL? APRIL 16TH, 2025? I SECOND THAT MOTION. 
          OKAY. 
          UM, REASON WHY, UM, I MEAN, FIRST OF ALL, THE THANK YOU BOTH FOR THIS. 
          A LOT OF INFORMATION HERE. 
          UM, THAT INFORMATION NEEDS TO BE RELAYED TO THE COMMUNITIES, PARTICULARLY THOSE IN, UM, THE NEIGHBOR NEIGHBORING PROPERTIES. 
          UM, IT SEEMS LIKE, YEAH, YOU ALL HAVE DONE THE HOMEWORK, BUT THIS, THIS COMMUNITY, UM, PARTICULARLY THIS BLOCK, FEELS LIKE THIS IS GONNA BE A IMPEDIMENT TO THEIR QUALITY OF LIFE. 
          SO I WOULD STRONGLY ENCOURAGE YOU ALL TO REACH OUT TO THOSE NEIGHBORS, TO THE FOLKS ON THE BLOCK. 
          UM, THE INFORMATION HERE, AS FAR AS LIKE THE, I GET IT. 
          I'M AN ARCHITECT. 
          I UNDERSTAND THAT, YOU KNOW, THERE'S REAR YARDS ON, UH, THE ADJACENT PROPERTY, SO THE BUFFERING, BUT, UM, AND ALSO THINGS LIKE THE ELEVATIONS WHERE YOU HAVE MINIMAL WINDOWS LOOKING INTO ONE PROP. 
          SO THESE ARE THINGS, IT'S GREAT FOR US, BUT AGAIN, THIS RIGHT NOW, WE'RE NOT ABLE TO CHECK ALL FREE OF SAYING THIS IS, UM, IN THE BEST INTEREST OF THE COMMUNITY. 
          'CAUSE RIGHT NOW WE HAVE THAT STRONG OPPOSITION TO IT. 
          SO AGAIN, STRONGLY WOULD ENCOURAGE YOU ALL TO TAKE THE NEXT, WHAT, 60 DAYS TO MAKE THAT OUTREACH, TO SHOW THEM THESE ELEVATIONS, SHOW THEM THAT, UM, ON A BROADER CONTEXT, THIS IS THE KIND OF DEVELOPMENT THAT'S HAPPENING IN THAT NEIGHBORHOOD. 
          SO I BELIEVE THAT WOULD BE AN EASY CASE TO MAKE. 
          YOU ALL HAVE TO MAKE IT THOUGH. 
          UM, I WOULD HOPE THAT THE BOARD SUPPORTS THAT A DEVELOPMENT OF THIS KIND, UM, IS GOOD FOR THIS AREA. 
          BUT, UM, IF THE COMMUNITY IS, IS IN OPPOSITION TO IT, I, I CAN'T CONSCIENCE GRANT THIS, BUT I THINK THAT THERE'S ENOUGH INFORMATION THERE THAT IT DOESN'T NEED TO BE DENIED. 
          SO THAT'S WHY I WOULD BE, UM, MAKING THE MOTION TO HOLD OVER. 
          SO, UM, I HAVE A QUESTION ON THAT. 
          I MEAN, WE ARE FINE WITH THAT. 
          WE WANT TO MAKE SURE EVERYBODY'S HAPPY AND SATISFIED. 
          UH, HOWEVER, WE WOULD LIKE TO KNOW FROM NOW TILL THE NEXT BOARD MEETING, UH, WHAT IS THE EXPECTATION? I MEAN, YOU KNOW, DO WE NEED TO HAVE A MANDATORY NEIGHBORHOOD MEETING OR WE JUST MEET ONE-TO-ONE? DO WE KNOW HOW MANY OPPOSITIONS WE HAVE AND HOW DO WE REPORT BACK TO THE BOARD AND THE STAFF REGARDING WHAT WE HAVE DONE FROM NOW TILL THE NEXT MEETING? UM, THAT IS SOMETHING YOU CAN JUST, I MEAN, FIRST OF ALL, THE MOTION HAS NOT, WE, WE'VE MADE A MOTION, HASN'T BEEN VOTED ON, SO WE DON'T KNOW EXACTLY WHAT'S GONNA HAPPEN. 
          BUT IT'S AN EXCELLENT QUESTION. 
          UM, THAT WOULD BE SOMETHING YOU WOULD WORK ON WITH STAFF. 
          UM, THERE'S NO PREDETERMINED ANSWER TO THAT. 
          UM, TY, IT'S, IT'S REALLY UP TO YOU. 
          UM, IT WOULD BE NICE TO KNOW THAT THE NEIGHBORS ARE IN THAT, THAT, THAT THEY UNDERSTAND AND HAVE A LITTLE BIT MORE SUPPORT OF IT. 
          UM, SO I WILL, I MEAN, BUT THAT IS, BUT THAT IS SOMETHING YOU CAN WORK WITH STAFF. 
          UM, SO, BUT WE, THAT MAY, THAT MAY NOT BE THE OUTCOME. 
          WE HAVEN'T MADE A VOTE, SO WE'LL JUST HOLD THAT FOR RIGHT NOW. 
          OKAY. 
          OKAY. 
          MAKE VOTE. 
          MR. KINNON. 
          AYE. 
          MR. GRAHAM? AYE. 
          MR. SAUK? AYE. 
          MR. FINNEY? AYE. 
          MS. VICE CHAIR? AYE, MOTION TO HOLD UNTIL APRIL 16TH PASSES FIVE TO ZERO. 
          SO TALK WITH STAFF. 
          YOU HAVE UNTIL APRIL 16TH. 
          UM, YOU KNOW, THERE'S, THEY CAN GIVE YOU COPIES OF THE LETTER SO YOU CAN TALK TO THEM SPECIFICALLY. 
          YOU COULD HOLD A MEETING WITH THE NEIGHBORS, YOU COULD TALK TO SOMEBODY BEHIND. 
          UM, I WOULD, I I THINK YOU HEARD A LOT OF OUR QUESTIONS TODAY. 
          UM, THERE'S STILL A LOT OF CONCERN ABOUT TWO PARKING SPOTS ON THE STREET, SO, YOU KNOW, POSSIBLY GOING DOWN TO FIVE UNITS MIGHT BE SOMETHING YOU CONSIDER BETWEEN NOW AND APRIL 16TH. 
          AND, UM, AND TALKING TO THE NEIGHBORS, I THINK THOSE ARE YOUR TWO BIGGEST POINTS OF CONTENTION, ESPECIALLY WITH THE NEIGHBORS AS WELL, IN TERMS OF THEIR WELFARE. 
          UM, AND SO I THINK WE'RE, THAT'S THE PIECE THAT WE'RE STRUGGLING WITH. 
          AND I WOULD JUST LIKE TO ADD TO THAT. 
          UM, JUST FOR, UM, A LOT OF 
          [02:00:01]
THESE COMMUNI OR THESE TOWN HOMES TRIPS, UM, I'M ACTUALLY, AGAIN, I LIVE CLOSE ENOUGH TO KNOW THE CONTACTS. 
          I AM NOT WITHIN THE RADIO, UM, THE NOTIFICATION RADIUS, BUT A LOT OF THESE, UH, DEVELOPMENTS DO HAVE THEIR OWN H HOAS. 
          SO THAT WOULD PROBABLY BE A GOOD RESOURCE TO, I MEAN, IF YOU CAN GET ONE, IF IT'S A, YEAH, JUST, IT'S PROBABLY PUBLICLY LISTED, BUT THAT'S A GOOD WAY AT LEAST TO MAKE THE INTRODUCTION, UM, AND MAKE YOUR CASE THERE. 
          AND FOR ME, UM, IT'S SHOWING SOME SUPPORT AMONG THE NEIGHBORS. 
          UH, NO ONE WANTS SOMEONE STARING IN THEIR BEDROOM WINDOWS, YOU KNOW, SO THAT'S A CONCERN. 
          SO, UM, THAT WOULD BE MY SUGGESTION TO YOU, UH, IS AT LEAST SHOW SOME INKLING OF SUPPORT SOMEWHERE IN THE NEIGHBORHOOD AND PARTICULAR IN THE ADJACENT LOTS. 
          YEAH, THAT'S FINE. 
          I MEAN, YOU KNOW, UH, THAT'S THE NATURE OF THESE DEVELOPMENT. 
          I MEAN, YOU KNOW, WHETHER IT'S FIVE FEET OR 10 FEET HEAD BACK, YOU STILL LOOK AT SOMEBODY ELSE'S WINDOW, YOU KNOW? BUT DEFINITELY IT'S GONNA HELP WITH THE, WITH THE MORE SUNLIGHT. 
          YEAH, WE WILL, WE'LL WE WILL CONTACT THE NEIGHBORS AND THE HOA AND ALL OF THOSE THINGS AND WE WORK WITH THE STAFF. 
          GREAT. 
          THANK YOU VERY MUCH. 
          REALLY APPRECIATE YOU COMING IN. 
          THANK YOU. 
          ALSO, ONE LAST QUESTION. 
          UH, HOW DO WE GET ACCESS TO THE LETTERS SO THAT WE CAN, YOU KNOW, ADDRESS THEIR COMMENTS? THEY'LL SEND 'EM TO YOU OR, YES, WE, YEAH. 
          OKAY. 
          SOUNDS GOOD. 
          OKAY, GREAT. 
          THANK YOU. 
          THANK YOU GUYS SO MUCH. 
          THANK YOU. 
          THANK YOU. 
          OKAY, WE ARE MOVING ON TO BDA 2 3 4 DASH 1 55 9 2 9 BROOKWOOD DRIVE. 
          IF THE APPLICANT CAN STEP FORWARD FOR THAT ONE OR ARE THEY ONLINE? APPLICANT IS ONLINE. 
          OKAY. 
          HELLO, CAN YOU ALL HEAR ME? UH, LET ME, I'M ON CAMERA. 
          MR. TI, CAN YOU PLEASE PROVIDE VIDEO? YES, YES. 
          GIMME JUST ONE MOMENT. 
          SECOND, WHY THIS IS NOT, DO I HAVE PERMISSION TO, UH, TURN THE VIDEO ON BECAUSE I'M NOT, GIMME ONE SECOND. 
          I DON'T KNOW WHY THIS IS NOT YOU SHOULD, YOU ARE A PARTICIPANT, SO YES, YOU ARE ALLOWED TO PROVIDE VIDEO AND AUDIO. 
          OKAY, LET'S SEE. 
          ONE SECOND. 
          I WONDER WHY THIS IS  TURN IT ON FOR SOME REASON. 
          LEMME SEE. 
          WE CAN HEAR YOU. 
          WE JUST DON'T HAVE VIDEO. 
          OKAY. 
          I'M ON, ON LAPTOP. 
          OH, OKAY. 
          JUST ONE SECOND, SORRY. 
          OKAY, CAN YOU GO SEE ME NOW? YES. 
          OKAY. 
          YES. 
          CAN YOU PLEASE PROVIDE YOUR NAME AND ADDRESS AND THEN I WILL SWEAR YOU IN. 
          UH, BENJAMIN TTE 72 0 1 STACY ROAD, MCKINNEY, TEXAS 7 5 0 7 0. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. 
          OKAY. 
          YOU, YOU CAN PROCEED. 
          YOU HAVE FIVE MINUTES. 
          UH, YES. 
          SO I'M ACTUALLY, UM, THIS IS THE FIRST DEVELOPMENT FOR ME, UM, AS A FIRST TIME REAL ESTATE DEVELOPER. 
          AND, UM, I'M ACTUALLY, UH, GOING TO BE BUILDING A, A SINGLE FAMILY HOME. 
          AND, UM, THE, UH, WHAT I'M COMING TO YOU, UH, WITH TODAY IS IN REGARDS TO, UH, VISUAL, UM, JUST A VISUAL OBSTRUCTION AND THEN, UH, GRANTING, UM, A, UH, HIGHER, UM, BASICALLY A HIGHER OFFENSE. 
          [02:05:01]
SO, UH, AND I WAS LISTENING IN EARLIER, UM, IN REGARDS TO, UH, THESE TWO REQUESTS. 
          UM, ONE OF THE ISSUES, UH, OR I GUESS MR. FINNEY WAS, UH, STATING WAS IN REGARDS TO, UM, IF THE HOME WAS GOING TO BE BUILT LIKE AT THE HIGHEST POINT OF THE HILL OR THE LOWEST POINT, AND THE HOME IS ACTUALLY GOING TO BE BUILT AT THE HIGHEST, YOU KNOW, UH, POINT OF THE HILL. 
          SO THAT'S THE REASON WHY WE WERE BUILDING THE, UM, UH, THE, UH, RETAINING WALL, UM, AND WANTING IT TO ACTUALLY BE AROUND EIGHT TO EIGHT AND A HALF FEET. 
          UM, SO THEN WE CAN BACKFILL IT AND LEVEL IT OUT, UM, TO MAKE IT EVEN WHERE THE HOME IS ACTUALLY GONNA BE SITTING AT THE TOP BECAUSE WE WE'RE NOT GONNA BE GRADING IT AND BRINGING IT DOWN, UM, BECAUSE, UH, THE PROPERTY IS NEXT TO A, UH, ALLEYWAY, WHICH CURVES AROUND TO THE BACK WHERE THE GARAGE WOULD ACTUALLY BE. 
          SO, UM, I DON'T HAVE LIKE A GRADING PLAN TO PROVIDE, BUT, UM, AND AS IT RELATES TO, UH, THE IRON FENCE THAT WOULD ACTUALLY BE GOING ON TOP, IT WOULD BE AROUND SIX TO, LIKE AROUND SIX TO SIX AND A HALF FEET. 
          UM, JUST, YOU KNOW, BECAUSE OF HOW HIGH, UH, THE RETAINING WALL WOULD BE, WE WANNA MAKE SURE THAT, YOU KNOW, FOR, UH, SAFETY THAT IS HIGH ENOUGH FOR, YOU KNOW, UH, NO ONE TO BASICALLY FALL OFF OR ANYTHING. 
          SO, UM, AND AS IT RELATES TO THE VISUAL OBSTRUCTION, UM, WHEN IT COMES TO RETAINING WALL, UH, THE STAFF RECOMMENDATION WAS LIKE HAVING A, A 10 BY 10, UH, VISIBILITY TRIANGLE AND NOT ENCROACHING INTO THAT. 
          BUT I WAS ACTUALLY REQUESTING, UH, LIKE A FIVE BY FIVE VISIBILITY TRIANGLE, UM, BECAUSE I WAS THINKING, OR NOT EVEN JUST THINKING I, WELL, I BELIEVE THAT IT'S, UH, FAR ENOUGH BACK TO WHERE, UM, ANYONE THAT'S COMING OUT OF THE ALLEYWAY, YOU KNOW, UM, OR THE ALLEY, UH, WILL BE ABLE TO, UH, BE ABLE TO EXIT SAFELY. 
          BUT WHAT I'VE NOTICED, UM, THE FEW TIMES THAT I'VE BEEN THERE, UM, PROBABLY EACH TIME FOR ABOUT AN HOUR OR SO, THAT THAT ALLEY IS NOT HEAVILY USED AT ALL. 
          UM, EACH TIME THAT I'VE BEEN THERE, NO ONE HAS CAME OUT OF THAT ALLEY, UM, WITHIN EVEN THAT HOUR THAT I WAS, THAT I'VE BEEN THERE EACH TIME, BUT ONLY ONCE. 
          SO I'VE BEEN THERE TO THE PROPERTY MAYBE LIKE SIX OR SEVEN TIMES, UM, AND NO ONE HAS CAME OUT, BUT JUST ONE TIME. 
          SO IT'S NOT FREQUENTLY OR HIGHLY OR HEAVILY USED. 
          UM, BUT AGAIN, THE STAFF RECOMMENDATION IS A 10 BY 10 VISIBILITY TRIANGLE, AND I'M ENCROACHING INTO THAT, BUT I WAS REQUESTING A FIVE BY FIVE. 
          UM, AND IT'S, TO ME, IT'S STILL ENOUGH BECAUSE, UH, FROM THE, UH, THE CURB, UH, ON BROOKWOOD DRIVE, WE ALLOW, UH, FIVE FEET FOR THE RIGHT OF WAY, AND THEN THAT'S WHERE THE PROPERTY LINE WILL ACTUALLY TECHNICALLY START, AND THEN FIVE, FIVE FEET BACK FROM THERE. 
          SO THAT'S, YOU KNOW, 10 FEET ESSENTIALLY. 
          SO, UM, I I THINK THAT THAT WOULD ACTUALLY BE, YOU KNOW, GOOD ENOUGH. 
          BUT I JUST WOULD LOVE TO HEAR YOU ALL'S THOUGHTS AND, UM, ANY OTHER QUESTIONS THAT YOU ALL MAY HAVE. 
          BUT THAT'S, THAT'S PRETTY MUCH ALL THAT I HAVE, I BELIEVE. 
          UM, YES. 
          SO FIRST OFF, UM, THIS IS JOE CANON SPEAKING. 
          I WAS THE ONE THAT MADE THE, UM, THE INQUIRY ABOUT A GRADING PLAN. 
          UM, EARLIER ON YOU, UM, I MEAN, CLEARLY YOU HAVE AN ARCHITECT MANX DECK ARC. 
          UM, HE SHOULD HAVE PROVIDED, I MEAN, SEEING HOW STEEP THIS SLOPE IS ON THE SITE, UM, YOU THERE, THERE'S A GRADING PLAN SOMEWHERE IN THERE, AND HE DOESN'T, THAT'S A MISSING PIECE OF INFORMATION. 
          WHY I REQUESTED THAT IS, I MEAN, JUST BECAUSE OF, I MEAN, WE SAW THE VIDEO DRIVING BY THE S THE SITE. 
          YOU'RE SAYING THAT THE, SO THE GROUND FLOOR IS GONNA START OFF CLOSER TO THE ALLEY, IS THAT, IS THAT WHAT I'M HEARING? SO FROM THE ALLEY, YOU'RE GONNA KEEP IT LEVEL FROM THERE. 
          AND THEN THE HIGHEST POINT OF THE SITE WOULD BE 15 FEET. 
          UH, F ON THE, YEAH. 
          SO IF WE'RE, IF WE'RE, LOOK, SO I'M LOOKING AT THE, UM, THIS IS THE SITE PLAN YOU PROVIDED US IN OUR DOCKET IS PAGE ONE 40. 
          SO YOU'VE GOT THE CURVE ON THE LEFT HAND SIDE. 
          YES. 
          AND THEN YOU HAVE THE, I GUESS THIS IS THE NORTH SOUTH EDGE OF THE PROPERTY ON THE RIGHT SIDE. 
          SO ARE YOU SAYING THAT FAR RIGHT SIDE, THAT'S 15 FEET HIGH FROM THE STREET, NOT 15 FEET HIGH. 
          UM, SO FROM THE STREET, IT'S, UH, WHERE THE HOME IS 
          [02:10:01]
GONNA BE SITTING AT THE VERY TOP, IT'S LIKE EIGHT FEET FROM, UH, THE GROUND. 
          SO THAT'S WHY WE WANTED TO RAISE OR HAVE A, A, A RETAINING WALL TO BE AROUND EIGHT FEET BECAUSE THAT'S HOW HIGH THE, THE HOME IS GONNA BE SITTING, UH, FROM THE GROUND, UH, OF WHERE WE WANT TO BUILD THE PROPERTY OR THE, THE, THE ACTUAL HOME. 
          SO, UM, STARTING FROM LIKE THE ALLEYWAY, LIKE, UH, WE LEFT FIVE FEET FOR THE RIGHT OF WAY AND THEN ANOTHER FIVE FEET, UM, WHERE THAT WOULD ACTUALLY START AT, UH, REGARDING THE, UM, THE RETAINING WALL. 
          AND THEN, YOU KNOW, FROM THERE, UH, YOU KNOW, STARTING THERE, UH, FROM THE, UM, THE, THE ALLEY, UH, GOING DOWN LIKE BASICALLY BROOKWOOD DRIVE, IT WOULD BE LIKE AROUND EIGHT FEET FOR THE, UM, RETAINING WALL AND THEN ANOTHER SIX FEET FOR THE, UM, IRON FENCE. 
          SO, BUT FROM WHERE THE HOME WOULD SIT, IT'S LIKE EIGHT FEET FROM THE, THE ACTUAL, UM, GROUND. 
          SO EIGHT FEET BELOW THE ALLEY, OR EIGHT FEET FROM THE, SORRY, I KNOW THIS IS KIND OF TECHNICAL QUESTIONS HERE, BUT JUST SO THAT I, 'CAUSE I MEAN 15 FEET, THAT'S QUITE HIGH FOR THE CONTEXT OF THIS NEIGHBORHOOD. 
          THERE, THERE ARE NO FENCES. 
          WELL, IT WOULD, IT WOULD ACTUALLY, SO I'M JUST TRYING TO UNDERSTAND, WELL LOWER FROM, UM, WHERE THE ALLEY IS, BUT, UM, AROUND, UH, EIGHT FEET FROM, UH, NOT THE LEFT WHERE THE ALLEY STARTS, BUT FROM, UH, THE, THE, THE RIGHT SIDE, UM, BECAUSE THAT'S WHERE IT'S LIKE IF YOU'RE STANDING, LIKE IF YOU GO UP THE, YOU KNOW, TO THE TOP OF THE HILL AND THEN WHENEVER YOU'RE BASICALLY, IF YOU'RE FACING THE, UH, THE PROPERTY OR YOU KNOW, THE RIGHT SIDE, THEN, UM, LIKE EIGHT FEET FROM, FROM THE TOP OF THE HILL DOWN OR WHATEVER, FROM THE, TO THE STREET BELOW. 
          OKAY. 
          BELIEVE I UNDERSTAND. 
          SO, ALL RIGHT, FROM WHAT YOU'RE TELLING ME, I BELIEVE I UNDERSTAND, AND THIS IS JUST TO RECONCILE WHAT WE SAW IN THE RENDERINGS THAT WERE SUBMITTED. 
          'CAUSE AT LEAST THE WAY THAT I SAW IT, IT WAS, IT, YOU ALL WERE LEVELING FROM THE, THE PLANE OF THE ALLEY ACROSS THE PROPERTY. 
          BUT YOU'RE SAYING THAT THIS HOUSE IS SET DOWN, IT'S AT, IT'S PROBABLY ABOUT LIKE EIGHT FEET FROM, FROM THE EDGE, FROM THE RIGHT EDGE OF THE PROPERTY? YEAH, IT IS, YES. 
          OKAY. 
          OKAY. 
          THANK YOU FOR THAT. 
          SURE. 
          I HAVE A QUESTION. 
          UH, SO THE, UH, WHERE YOU, THE DRIVE IS THE DRIVEWAY TO THE GARAGE IS GONNA BE THROUGH THE ALLEY, CORRECT? THAT IS CORRECT, YEAH. 
          THE GARAGE WILL BE AT THE BACK. 
          AND DOES THE DRIVE TO THE GARAGE SLOPE DOWN TO THE ALLEY, TO THE HIGH POINTS OF THE LOT? NO. 
          OR IS IT STRAIGHT SHOT? UH, IT'S A STRAIGHT LEVEL SHOT. 
          YEAH. 
          IF YOU'RE ENTERING THE ALLEY, IT, IT CURVES, IT GOES UP AND, AND CURVES AROUND TO THE RIGHT, YES. 
          SO THE ALLEY ELEVATES? YES, IT DOES. 
          OKAY. 
          BUT THEN IS THERE A SLOPE TO THE DRIVEWAY? UH, THERE? WELL, ACTUALLY, YOU KNOW WHAT? THERE, I BELIEVE THERE IS A, A SLIGHT SLOPE GOING DOWN. 
          UH, BELIEVE ONCE YOU GET ALL THE WAY UP, UH, THROUGH THE ALLEY AND THEN CURVE AROUND, I BELIEVE IT IS, IT DOES SLOPE DOWN A LITTLE BIT. 
          I BELIEVE SO. 
          AND WHEN YOU GET TO THE, WHEN THE, WHERE THE DRIVE MEETS THE ALLEY, WHAT'S GONNA BE THERE? IS THERE A GATE THERE? UM, YES, THERE IS. 
          THERE WILL BE A GATE, YES. 
          AND THE RETAINING WALL TO THE RIGHT, UM, WHEN YOU'RE EXITING IS HOW GONNA BE HOW TALL, UH, BETWEEN THE DRIVEWAY AND THE NEIGHBOR'S PROPERTY WHERE THEY'RE BUILDING A HOME TODAY? OH, WELL, UM, I DON'T KNOW IF I EXPLAINED, WELL, I GUESS I DIDN'T EXPLAIN THAT. 
          UM, WHERE THE OTHER, UH, DEVELOPER, I GUESS IS BUILDING A HOME, SEE THAT ENTIRE PROPERTY, UM, THAT YOU'VE SEEN IS NOT ALL OF MINE ONLY, UM, WE ONLY OWN ALMOST JUST LIKE HALF OF THAT FROM THE ALLEYWAY TO, YOU KNOW, UH, TO THE RIGHT. 
          SO THE, THE, THE, THE PART OR THE PART OF THE LOT THAT'S NEXT TO THE HOME THAT'S BEING BUILT IS NOT OWNED BY ME. 
          BUT IS THERE A, AN EIGHT, IS THERE AN EIGHT SOON TO BE 16 FOOT OBSTRUCTION TO THE RIGHT, GOING INTO THE ALLEY? UH, IT, UH, IT WOULD BE, YES. 
          AND TO THE LEFT, THERE WOULD ALSO 
          [02:15:01]
BE ONE ALONG THE BACK OF THE HOME AGAIN. 
          UH, WELL THE, WHEN IT COMES TO LIKE, UH, ON THE SIDES AND AROUND THE BACK, UH, WHEN BUILDING THE RETAINING WALL, IT'S, UH, IT WOULD ALL DEPEND ON LIKE THE, UM, UH, IT ALL, IT WOULDN'T BE LIKE ALL FOR, UH, LIKE 15, 14, 15, YOU KNOW, FEET HIGH. 
          SO, UM, BUT WHEN IT COMES TO THE FRONT OF THE PROPERTY, UH, THAT'S WHERE IT WOULD BE LIKE, YOU KNOW, EIGHT OR EIGHT AND A HALF FEET, UH, FOR THE RETAINING WALL, AND THEN ANOTHER LIKE SIX FEET FOR THE IRON FENCE. 
          BUT WHEN IT COMES TO WRAPPING AROUND THE SIDES AND THE BACK, IT MAY BE A LITTLE BIT LOWER THAN THAT. 
          UM, I HAVE A QUESTION FOR STAFF. 
          CAN WE PULL UP THE ELEVATION SHEET, WHICH IS, UM, PAGE 1 41, JUST TO VERIFY THE DIMENSIONS HERE. 
          I'M TRYING TO READ IT. 
          I, AND I CAN'T MAKE IT OUT. 
          AND THERE'S A, SO, 'CAUSE WHAT I, I'M UNDERSTANDING THE NEED FOR THE RETAINING WALL MM-HMM . 
          BUT THEN THAT'S ANOTHER, I MEAN, I'M DOING MY MATH RIGHT, HOPEFULLY I CAN STILL DO MATH. 
          SO IT'S EIGHT FEET FOR THE RETAINING WALL, WHICH IS NEEDED FOR CIVIL REASONS, BUT THEN SEVEN FEET ADDITIONAL OFFENSE, WHICH IS SIX, PROBABLY LIKE SIX FEET, SIX OR SIX AND A HALF. 
          WELL, WE'VE GOT THE REQUEST 15 FEET. 
          YES. 
          THAT RIGHT THERE. 
          WHAT CAN YOU, IS IT, I'M TRYING TO GET TO WHAT THE DIMENSIONS ARE. 
          SO I SEE THE OVERALL, I'M ASSUMING THAT'S 15, BUT IT LOOKS LIKE IT'S, YOU'RE TRYING TO FIGURE OUT WHICH DIMENSION YEAH, THE DIMENSIONS BETWEEN THE RETAINING WALL AND THAT IRON FENCE. 
          YEAH, THE 15 FEET IN TOTAL, THE MAX HEIGHT OF THE, OF THE RETAINING WALL WILL BE LIKE EIGHT AND A HALF FEET. 
          AND THEN THE MAX HEIGHT OF THE IRON FENCE WILL BE LIKE 6.6 FEET, BUT THAT'S WHERE YOU WOULD GET LIKE THE 15. 
          BUT IT, IT WOULDN'T NECESSARILY BE LIKE EIGHT AND A HALF FEET FOR THE RETAINING WALL MAY JUST BE EIGHT FEET, BUT THAT WOULD BE LIKE THE MAX HEIGHTS AND THEN 6.6 FOR THE, THE IRON FENCE. 
          SO THAT'S WHERE, YOU KNOW, IN TOTAL IT WOULD ACTUALLY ADD 15 FEET. 
          OKAY. 
          HOLD ON. 
          WE'RE LOOKING AT THE ELE PRINT ELEVATIONS HERE. 
          OKAY. 
          WAS THAT, SO WE'RE LOOKING AT, THIS IS THE, THIS IS WHAT WE HAVE IN OUR PURVIEW HERE IS THE HIGHEST POINT WOULD BE EIGHT FEET, AND THEN IT WOULD JUST CUT UP AND THAT WOULD BE PROBABLY THE, SO, SO I THINK THAT THIS HIGHEST PART WOULD BE EIGHT FEET, BUT THEN I GUESS NOW WHAT I'M QUESTIONING IS THAT ADDITIONAL TOP HERE, . 
          UM, BUT I MEAN, THIS IS WHY I WANTED TO SEE THE GRADING PLAN TOO, BECAUSE I DON'T, RIGHT, BECAUSE IT'S THE GRADING PLAN. 
          YEAH. 
          MR. AND WHAT THEY'RE DOING , MR. LARDY. 
          UM, YES. 
          SO, SO CORRECT ME IF I'M WRONG. 
          SO I'M JUST TRYING TO VISUALIZE YOUR SITE STRATEGY. 
          SO, SO IT'S SEEMS THAT YOU'VE DECIDED TO PLACE THE HOME, BUT ON WHERE CURRENTLY IS THE HIGHEST POINT OF ELEVATION ON THE SIDE, THAT'S YES. 
          AND THEN YOU'RE BUILDING AN EIGHT FOOT AND A HALF RETAINING WALL AROUND THE ENTIRE PERIMETER OF THE SITE AND FILLING IN AND BRINGING EVERYTHING UP EQUAL TO THE HIGHEST POINT OF THE SITE. 
          THAT'S CORRECT. 
          YES, THAT'S CORRECT. 
          BECAUSE THAT ESSENTIALLY WILL BE BASED OFF OF THE 3D RENDERING THAT WAS SHOWN EARLIER. 
          THAT WILL BE LIKE THE, THE FRONT YARD. 
          YEAH. 
          SO WHY, WHY DID YOU TAKE THAT APPROACH AS OPPOSED TO JUST LEVELING THE SITE, WHICH WOULD REQUIRE NO RETAINING WALLS AND WOULDN'T PRE PRESENT ALL THESE POTENTIAL SAFETY HAZARDS FOR YOUR NEIGHBORS. 
          I'M JUST, I'M CURIOUS WHY YOU CHOSE TO DO THIS. 
          'CAUSE THIS SEEMS MORE EXPENSIVE AND IT SEEMS, UH, POTENTIALLY HAZARDOUS TO THE SAFETY OF THE NEIGHBORHOOD. 
          WELL, I, I GUESS I WOULD LIKE TO KNOW, LIKE AS FAR AS I'M, I'LL ANSWER YOUR QUESTION, BUT WHEN YOU SAY LIKE POTENTIALLY HAZARDOUS, IF YOU COULD ELABORATE ON THAT, BUT, 
          [02:20:01]
UM, WHEN IT COMES TO MAKING THE DECISION TO BRING IN IT UP AND LEVELING IT INSTEAD OF LIKE GRADING IT AND BRINGING IT DOWN, THERE'S A LOT OF NATURAL TERRAIN. 
          LIKE THIS IS THE ONLY, UH, I GUESS LOT. 
          UM, WELL, THERE'S A COUPLE OF LOTS THAT HAS NEVER BEEN BUILT ON IN THIS, IN THIS COMMUNITY. 
          UM, BUT THIS IS LIKE THE, THE ONE THAT'S BASICALLY THE HIGHEST AND THERE'S A LOT OF NATURAL TERRAIN, A LOT OF ROCK AND STUFF UNDERNEATH THE DIRT, UH, TO WHERE I JUST THINK THAT IT WOULD JUST BE MUCH MORE, UM, COSTLY TO ACTUALLY BRING THAT DOWN. 
          AND THEN IN ADDITION, UH, BECAUSE OF THE ALLEYWAY AND WHERE THE, THE GARAGE WILL BE PLACED, UM, YOU KNOW, AND THEN GOING AROUND THE, UH, BASICALLY THE GARAGE WOULD BE AT THE BACK, SO OF THE PROPERTY. 
          SO THE, I MEAN, IF I WAS TO BRING IT DOWN, THEN THE GARAGE WOULDN'T BE ABLE TO BE AT THE BACK. 
          IT WOULD HAVE TO BE SOMEWHERE LIKE AT A POINT OR SOMETHING AND HAVE A WHOLE NEW DESIGN. 
          BUT, UM, I MEAN, BRINGING IT DOWN ALL THE WAY TO THE GROUND, LIKE BRINGING IT ALL THE WAY DOWN WOULD JUST, WOULD BE EVEN MUCH MORE EXPENSIVE BECAUSE I MEAN, THERE'S A LOT OF ROCK IN A LOT. 
          OKAY, GOTCHA. 
          SO THE ANSWER IS THERE'S, THERE'S HARD ROCK UNDERNEATH THE SITE, SO THAT, THAT MAKES SENSE. 
          UM, SO I, I THINK THE REAL ISSUE HERE TODAY IS WE, WE DON'T REALLY HAVE ENOUGH INFORMATION TO REALLY MAKE A DECISION THAT WE FEEL COMFORTABLE WITH. 
          WE KEEP RUNNING IN CIRCLES BACK TO THIS, THIS QUESTION OF WHAT'S GOING ON TOPOGRAPHICALLY ON THE SITE. 
          UM, SO I'M, I'M INCLINED TO HOLD THIS OVER, UH, UNDER ADVISEMENT AND GIVE YOU TIME TO GIVE US, YOU KNOW, ASSEMBLE A GRADING PLAN THAT THAT SHOWS THE EXISTING TOPOGRAPHY OF THE SITE. 
          THAT, THAT CLEARLY DEMONSTRATES WHY YOU'RE, YOU'RE DOING WHAT YOU'RE DOING. 
          'CAUSE YOU'RE, I MEAN, AND, AND TO ADDRESS YOUR QUESTION ABOUT MY COMMENT ABOUT SAFETY HAZARD, UM, I MEAN, WE, WE CANNOT TAKE YOUR WORD FOR IT ABOUT THE, THE VOLUME OF TRAFFIC COMING OUT OF THIS ALLEY. 
          WE HAVE TO ASSUME THAT YOUR NEIGHBORS USE THEIR ALLEY. 
          UM, AND SO WE CANNOT JUST, YOU KNOW, IGNORE THE FACT THAT YOU'RE, YOU'RE PUTTING, YOU'RE ASKING FOR US TO IGNORE THE VISIBILITY, UH, TRIANGLE REQUIREMENTS AT THE ALLEY ENTRANCE AND ERECT AN A 15 FOOT TALL, UH, VISUAL OBSTRUCTION IN THAT, UH, IN THAT TRIANGLE. 
          THAT'S, THAT'S PRETTY DRAMATIC. 
          UM, AND SO WHEN I SAID HAZARD, THAT'S, THAT'S WHAT I MEANT. 
          UM, ANYWAYS, I, I HAVE NO FURTHER COMMENTS. 
          WELL, I WILL SAY THOUGH, OH, OKAY. 
          WELL, I WAS GONNA SAY, WHAT I WILL SAY IN REGARDS TO, UM, YOU KNOW, UH, MY SUGGESTION WHEN IT COMES TO THE VISIBILITY TRIANGLE, IT BEING A FIVE BY FIVE, UH, VISIBILITY TRIANGLE, AS OPPOSED TO THE STAFF RECOMMENDATION, UH, BEING A 10 BY 10, UM, VISIBILITY TRIANGLE RECOMMENDATION. 
          I MEAN, I'M WILLING TO ACTUALLY, YOU KNOW, IF, IF, IF NEED BE, THEN JUST GOING WITH THE STAFF RECOMMENDATION AND JUST GOING FROM THERE. 
          BUT IF IT'S ANY ADDITIONAL, UM, INFORMATION THAT YOU NEED, I MEAN, UH, OTHER THAN THAT, I MEAN, I JUST LET ME KNOW WHAT YOU NEED AND I GUESS WE CAN HOLD IT OVER. 
          BUT I MEAN, IF THAT IS THE MAIN CONCERN, BUT, UH, YOU KNOW, BASED OFF OF THE STAFF RECOMMENDATION, THEN YOU KNOW, I'M WILLING TO DO THAT AS WELL AS FAR AS HAVING THE 10 BY 10 VISIBILITY TRIANGLE. 
          UH, AND SO YOU, YOU WOULD BE ABLE TO ADHERE TO THE, THE VISIBILITY TRIANGLE REQUIREMENTS AS OUR, AS THE CODE, UH, SPECIFIES. 
          AND IT WOULDN'T CAUSE YOU TO HAVE TO CHANGE THE, MODIFY THE FOOTPRINT OF THE HOUSE. 
          NO, IT WOULDN'T. 
          UM, I ACTUALLY GOT A, A JUST IN CASE THAT WAS THE CASE TODAY, I HAD, UM, THE, THE SITE PLAN CREATED SHOWING THE, THE 10 BY 10 VISIBILITY TRIANGLE AS WELL. 
          UM, I DID SUBMIT IT AT THE LAST MINUTE TO DR. MILLER HOSKINS. 
          I DON'T KNOW IF SHE COULD PULL THAT UP OR IF I CAN, BUT I, I DO HAVE THAT AS WELL TO SHOW. 
          OKAY. 
          CAN YOU PULL THAT UP, DR. 
          HOSKINS? YEAH. 
          AND I HAVE A QUESTION WHILE SHE'S PULLING THAT UP. 
          HOW, HOW, WHAT'S THE DISTANCE FROM THE ALLEY TO THE, UH, GARAGE? SO HOW LONG IS THE DRIVEWAY? UH, THE DISTANCE FROM THE ALLEYWAY TO THE GARAGE? LIKE THE, WHENEVER YOU FIRST ARE ENTERING THE ALLEYWAY? YEAH. 
          WELL, WHAT'S THE DRIVEWAY? HOW LONG, HOW MANY FEET IS THE DRIVEWAY IN THE BACK? UM, IT'S, LET ME HOLD THAT UP. 
          IT SHOULD ACTUALLY HAVE THOSE, UM, ONE SECOND. 
          [02:25:01]
UH, BUT YOU KNOW, FOR ME, UH, YOU KNOW, THE VISIBILITY TRIANGLE IS SOMETHING WE TAKE SERIOUS. 
          GARBAGE IS LIKELY PICKED UP IN THAT ALLEY. 
          UM, YOU'RE, THERE ARE JUST TOO MANY BLIND SPOTS CREATED UNDER THE PLAN THAT WE'RE SEEING HERE. 
          UM, AND FOR, FOR WHAT I, WHAT I NEED TO SEE ARE IMAGES, WHAT'S GOING ON IN THE BACKYARD, WHAT YOU'RE PROPOSING TO DO. 
          YOU KNOW, WHY YOU NEED THIS, UH, TALL OBSTRUCTION IN AN ALLEY, WHICH PEOPLE GARBAGE PICKED UP IN ALLEYS IN THIS CITY. 
          UH, PEOPLE DRIVE DOWN THEIR ALLEYS, KIDS PLAY IN THE ALLEY, AND IT'S CREATING, UM, YOU KNOW, A SERIOUS SAFETY ISSUE FOR THE NEIGHBORS. 
          SO, UH, YOU KNOW, IF, IF I'M HERE IN TWO MONTHS SITTING ON THIS CASE, THAT'S WHAT I NEED TO SEE. 
          AND, UH, I JUST NEED MORE INFORMATION. 
          YOU'RE VERY, VERY SLIM ON INFORMATION AND VISIBILITY INTO WHAT YOU'RE DOING AND WHY YOU'RE DOING IT. 
          UM, SO I, I AGREE WITH ALL STATEMENTS. 
          UM, I DON'T KNOW THAT THE DRIVEWAY IS SOMETHING THAT WE ARE CONSIDERING IN THIS. 
          I THINK WE ARE ONLY CONSIDERING THE VISIBILITY TRIANGLE ON THE CORNER OF THE ALLEY. 
          WELL, MY POINT IS THE DRIVEWAY IS A LONG DRIVEWAY. 
          THERE'S NO REASON WHY HE CAN'T MEET THE VISIBLE LEAK TRIANGLE IS THE POINT I WAS GETTING AT AND WHY I ASKED THAT QUESTION. 
          OH, ON GOING INTO THE ALLEY OR HIS ACTUAL DRIVEWAY, HOW LONG THE DRIVEWAY, HE CAN MOVE THAT BACK AND CRE AND NOT INFRINGE ON THE VISIBILITY TRIANGLE. 
          THERE'S ENOUGH SPACE IS MY CONTENTION FOR WHERE HIS, THAT'S WHAT I'M A LITTLE CONFUSED ACTUAL DRIVEWAY IS, OR THE DRIVEWAY TO THE ALLEY. 
          BECAUSE THE, THE VISIBILITY ISN'T THE FRONT VISIBILITY TRIANGLE THAT'S IN QUESTION, AT LEAST IN MY UNDERSTANDING, IS THE ONE THAT IS ON THE CORNER OF THE LOT RIGHT HERE AT BROOKWOOD DRIVE. 
          I BELIEVE YOU'RE REFERRING TO THIS DRIVEWAY BACK HERE. 
          RIGHT. 
          AND THAT, THAT DRIVEWAY, THERE'S NO DRIVEWAY IS NOT SOMETHING THAT IS EVEN UNDER, WE'RE NOT EVEN TALKING ABOUT. 
          THAT'S NOT EVEN A PROBLEM. 
          DRIVE IN THE PARK. 
          THE DRIVEWAY IN THE FRONT, IN THE BACK IS THIS ALLEYWAY. 
          YEAH. 
          SO THE BUT YOU'RE, BUT ALL THE QUESTIONS YOU'VE BEEN ASKING, I ARE GOOD QUESTIONS BECAUSE IF THE DRIVEWAY HAS WALLS ON ALL SIDES, YOUR QUESTION IS GOOD. 
          AND I THINK THAT, BUT THAT IS NOT PART OF THIS CASE TODAY BECAUSE IT, BUT I UNDERSTAND WHAT YOUR QUESTION IS. 
          OKAY. 
          DOUBT. 
          OKAY. 
          AND PART OF IT IS STAFF DIDN'T SHOW US WHERE THE VISIBILITY TRIANGLE WAS EITHER. 
          SO, SO I THINK MR. UM, BARARDI, THE, THE QUESTION THAT MR. SEK WAS ASKING IS, IS ABOUT THE ACTUAL DRIVEWAY GOING INTO YOUR GARAGE, AND IF THERE WERE VISIBILITY TRIANGLES THERE, AND THAT IS NOT A PART OF THIS CASE, FROM MY UNDERSTANDING, CORRECT. 
          THAT'S, BUT I, I WOULD ASK THE QUESTION JUST OUT OF CURIOSITY. 
          'CAUSE I I, THE WAY YOU'RE DESCRIBING YOUR HOUSE, YES. 
          I ASSUME THAT THE GARAGE, YOU'RE GOING TO HAVE TO DRIVE UP TO THE GARAGE ON A RAMP KIND OF SITUATION. 
          THAT IS CORRECT. 
          UM, AND SO IT, THAT DRIVEWAY IS GONNA HAVE EIGHT FOOT RETAINING WALLS ALL THE WAY DOWN, IS THAT CORRECT? NO, IT WOULDN'T. 
          THAT'S WHAT I'M SAYING. 
          IT'S IT BASED OFF OF THE TOPOGRAPHY. 
          IT WOULDN'T BE EIGHT FEET NECESSARILY ON THE SIDES. 
          YOU SEE WHAT I'M SAYING? AND AROUND THE BACK IT WOULD ACTUALLY GET LOWER AND LOWER. 
          OKAY. 
          BUT, SO THAT'S WHY I SAID THE MAX HEIGHT WOULD BE EIGHT AND A HALF FEET, AND THAT'S PRIMARILY FOR THE FRONT. 
          OKAY, GOT IT. 
          SO, BUT YOU, BUT YOU'RE WILLING TO, UM, NOT ASK ABOUT THE VISIBILITY TRIANGLE ON BROOK ON BROOK, WHAT IS THE NAME OF IT? BROOK BROOKWOOD. 
          MM-HMM . 
          BROOKWOOD. 
          YOU WOULD GIVE UP THAT VISIBILITY TRIANGLE AND WE WOULD ONLY BE TALKING ABOUT THE FENCE HEIGHT REQUIREMENTS. 
          IS THAT CORRECT? THAT'S CORRECT, YES. 
          OKAY. 
          SO I, I STILL THOUGH, I, I THINK EVERYBODY NEEDS A LITTLE BIT MORE INFORMATION AS TO WHAT'S HAPPENING THERE. 
          UM, I DON'T, IT, IT'S CONFUSING AS TO, TO HOW ALL THAT'S GONNA SET UP. 
          AND IT ALSO LOOKS LIKE YOU'RE TAKING OUT ALL THE VEGETATION ON THE LOT. 
          CORRECT. 
          YOU'LL TAKE OUT EVERY TREE. 
          THAT'S THAT'S CORRECT, YES. 
          DO YOU HAVE TO TAKE OUT EVERY TREE? UH, FOR THE MOST PART, YES. 
          BASED ON . 
          THAT'S NOT IN MY PURVIEW. 
          SORRY, I ASKED, BUT UGH, YUCK. 
          UM, YEAH. 
          ALL RIGHT. 
          UM, SO JUST TO BE CLEAR, SO THESE ELEVATIONS THAT YOU SHOWED US THAT SHOW A EIGHT FOOT SIX RETAINING MALL AROUND THE ENTIRE PERIMETER OF THE HOUSE IS NOT EXACTLY CORRECT. 
          IT'S ACTUALLY THE EIGHT FOOT SIX IS THE MAX HEIGHT. 
          YES. 
          THAT WILL ONLY BE AT THE CORNER OF THE ALLEY IN BROOKWOOD, BUT EVERYWHERE ELSE IT'S GONNA VARY. 
          YES. 
          ACCORDINGLY. 
          SO WE, WE NEED TO, 
          [02:30:01]
YES. 
          SEE, WE NEED TO SEE ACTUAL DRAWINGS THAT REFLECT WHAT'S ACTUALLY GONNA GET BUILT. 
          WE, WE CAN'T REALLY PROVE THIS. 
          I MEAN, I, UM, GIVEN, GIVEN THAT THIS, THIS, BECAUSE, 'CAUSE WHAT YOU'RE SHOWING IS, IS, IS REALLY, REALLY DRAMATIC. 
          RIGHT. 
          UM, BUT WHAT YOU'RE SAYING YOU'RE ACTUALLY GONNA BUILD IS SOUNDS A LOT LESS DRAMATIC. 
          AND SO IT'S REALLY HARD FOR US TO, TO, TO, TO GRANT A VARIANCE ON SOMETHING WHEN, WHEN YOU'RE, THE, THE DOCUMENTS YOU'VE GIVEN US DON'T REALLY REFLECT WHAT YOU'RE GONNA BILL. 
          WELL, I DO HAVE, UM, THE RETAIN, WELL, I GUESS MAYBE I SHOULD HAVE PROVIDED THOSE, THE RETAINING WALL PLANS WHERE IT DOES SHOW LIKE, YOU KNOW, THE MAX HEIGHT WILL BE EIGHT AND A HALF FEET, AND THEN, YOU KNOW, BASED OFF OF, UH, I CAN, WELL, I SHOULD HAVE SUBMITTED THAT AS WELL, BUT, UM, I DIDN'T, UM, IF, I MEAN, I COULD SUBMIT IT REAL QUICK IF POSSIBLE, IF I WAS ABLE TO, I COULD EMAIL THAT REAL QUICKLY. 
          BUT, UM, JUST TO SHOW YOU. 
          BUT, UM, UM, IF YOU COULD JUST GIMME A SECOND. 
          UM, LEMME SEE HERE ONE SECOND. 
          UM, SO IT CAN JUST BE PULLED UP. 
          ONE SECOND. 
          I'M SO SORRY BECAUSE I MEAN, UH, AGAIN, I DEFINITELY DO WANT YOU ALL TO HAVE, UM, ALL THE CLARITY THAT YOU NEED, UM, JUST TO BE ABLE TO MAKE A DECISION. 
          UH, SO JUST GIMME ONE SECOND. 
          ARE YOU GONNA TRY AND SHARE YOUR SCREEN? YE WELL, I CAN, YES. 
          UH, CAN, CAN HE SHARE HIS SCREEN? MARY, CAN WE GIVE HIM THE ABILITY? WE CAN GIVE YOU THE ABILITY TO SHARE YOUR SCREEN OR? I WAS GONNA SAY I COULD, UM, JUST ONE SECOND BECAUSE I DON'T WANNA HAVE ANY, LEMME SEE. 
          ONE SECOND. 
          OKAY. 
          I JUST DON'T WANNA HAVE ANY ISSUES WITH THE COOL LINK UP. 
          SO I DID EMAIL THAT TO, UM, DR. 
          UH, IS THIS, IS THIS THE, CAN YOU SEE WHAT'S ON THE SCREEN RIGHT NOW? THE HOUSE. 
          OH, OKAY. 
          YES. 
          RENDERING, IS THAT WHAT YOU'RE TRYING TO PUT UP? NO, IT WAS, UM, THE RETAINING WALL, UH, IN THE BACK DRAWING. 
          UM, NOT IN THE BACK, BUT JUST TO SHOW EXACTLY. 
          UM, IT'S THE RETAINING DRAWING. 
          SO, UH, SO YOU COULD SEE, UM, LET'S SEE. 
          MS. HOSKINS, DID YOU, DID YOU RECEIVE THAT EMAIL? I DON'T KNOW IF SHE DID, BUT, UM, MS. I WAS HAVING ISSUES ON THAT, UH, BUT I WAS ABLE TO EMAIL IT. 
          UM, ONE SECOND. 
          UM, SEE, MAYBE I COULD JUST, DO YOU HAVE ANY OTHER SPEAKERS ON THIS CASE? THE EXPLANATION? UM, ONE SECOND. 
          I DON'T KNOW IF MS. MILLER GOT IT. 
          UH, DOCTOR ASKING, UM, ONE SECOND. 
          SORRY, I JUST SHARED THIS. 
          ARE YOU EMAILING IT TO DR. 
          HOSKINS? I, I DID, AND I DON'T KNOW, I DID, UM, YEAH, I DID EMAIL IT AND THEN I HAVE ONE OF ALL FOUR SIDES OF THE RETAINING WALL AS WELL, BUT IT'S, UM, I EMAILED THAT AS WELL, JUST SO JUST SO YOU ALL COULD SEE LIKE A, OKAY, 
          [02:35:05]
OKAY. 
          I JUST GOT IT. 
          OH, OKAY. 
          MM-HMM . 
          BUT I ALSO HAVE, UH, YOU SEE THE EXPLANATION AS WELL, LIKE ON THE LEFT SIDE. 
          UM, AND THEN MS. HOKA, AFTER THIS, I DON'T KNOW IF YOU WANNA TAKE A LOOK AT THIS, BUT AFTER THIS, I DON'T KNOW IF YOU WANNA SHOW THEM THE FOUR SIDE OF THE RETAINING WALL WITHOUT THE HOME SO THEY COULD MAYBE GET A BIGGER IDEA. 
          YES. 
          OKAY. 
          OKAY. 
          SO, UM, THIS IS THE ELEVATION OR DRAWING THAT YOU WANTED TO SHOW REGARDING THE RETAINING WALL? YEAH, WELL, THE RETAINING WALL, JUST TO SHOW LIKE, UH, THE MAX HEIGHT AND THE EXPLANATION OF, UM, LIKE EVEN ON THE SECOND PAGE WHERE IT SHOWS THE MAX HEIGHT IS EIGHT AND A HALF FEET. 
          BUT, UH, LEMME SEE. 
          I THINK IT'S THE THIRD PAGE. 
          YEAH. 
          IF THEY WANTED TO READ THAT AND TAKE A LOOK AT THAT. 
          OH, THE LINK IS ON THE SIDE. 
          CAN YOU GUYS SEE THAT  SOME MORE? I MEAN, ARE THERE'S CONSTRUCTION NOTES FOR YEAH. 
          FOR THE ON WALL? YES. 
          HOW CONSTRUCTED? YES. 
          I DON'T KNOW. 
          I MEAN, I, I MEAN THAT'S VALUABLE INFORMATION FOR THE CONTRACTORS, BUT FOR US, I THINK WHAT THE QUESTION THAT WE ALL ARE HAVING IS, I MEAN, AT LEAST FOR ME, UM, I'VE ALREADY STATED HOW THIS WOULD REMEDY, HOW I WOULD INTERPRET THIS, BUT IT'S NOT THE HEIGHT, UNLESS I KNOW YOU ALL WANT TO SEE HOW TO ASSEMBLE A RETAINING WALL. 
          AND I CAN ALSO SHOW THE OTHER RENDERINGS, UM, OF ALL FOUR SIDES THAT HE ALSO PROVIDED. 
          DON'T WE AL DON'T, WE ALREADY HAVE ALL FOUR SIDES AND STARING AT IT RIGHT HERE, BUT IT, BUT IT'S SHOWING A SOLID, THE SAME HEIGHT, CONCRETE ALL THE WAY AROUND ALL FOUR SIDES. 
          WELL, BUT THAT'S NOT WHAT HE'S SUBMITTING. 
          I DON'T CARE WHAT HE'S INSINUATING. 
          IT'S LIKE WHAT IS IN FRONT OF US. 
          THIS IS WHAT WE ARE APPROVING. 
          I CAN'T APPROVE THIS. 
          SO DOES THAT MEAN THAT THE DRAWINGS THAT THE ELEVATIONS THAT WE HAVE IN THE DOCKET ARE INCORRECT? NO, THE, THE DRAWING THAT HE PROVIDED ARE THE ACTUAL DRAWINGS. 
          HOWEVER, IF HE WAS GONNA MOVE FORWARD WITH THE 10 BY 10, UM,  TRIANGLE, UH, WE HAVE THAT HE CAN MOVE THAT AS WELL, UM, THIS MORNING, SO OH, OH, OH, GOT IT, GOT IT. 
          BUT EVERYTHING ELSE, I THINK HE WANTED TO SHOW THE ADDITIONAL, UM, DRAWING RENDERINGS JUST TO, YOU KNOW. 
          RIGHT. 
          BUT THAT VISIBILITY TRIANGLE IS ONLY AFFECTING THAT ONE CORNER, RIGHT? THAT'S, THAT'S CORRECT. 
          THAT'S WHAT I WAS WANTED TO KNOW. 
          EXACTLY. 
          LIKE, IF, IF I'M WILLING TO AGREE TO THE STAFF RECOMMENDATION OF THE VISIBILITY TRIANGLE OF A 10 BY 10, THEN WHAT OTHER, I GUESS, CONCERNS WOULD YOU HAVE THAT I CAN POSSIBLY TRY TO CLEAR UP TODAY? THAT'S WHY I WANTED TO SHOW YOU ALL THE OTHER RENDERINGS. 
          UM, BECAUSE AGAIN, IT'S, IT'S NOT GONNA BE EIGHT, EIGHT AND A HALF FEET HIGH AS FAR AS THE RETAINING WALL ALL THE WAY AROUND. 
          IT'S JUST, THAT'S THE MAX HEIGHT, WHICH MAINLY FOR THE FRONT OF THE PROPERTY. 
          BUT AGAIN, THAT'S WHAT THE DRAWINGS ALL SHOW EIGHT AND A HALF, AND THEN 5.5 ON ALL FOUR SIDES. 
          SO IF THAT'S NOT CORRECT, THEN YOU'LL NEED TO SUBMIT NEW, NEW, UH, ELEVATIONS ON THE RETAINING WALL AND THE FENCE. 
          UM, I THINK WE'RE VERY TALKISH. 
          WELL, I, YEAH, BUT I JUST, JUST TO CLARIFY FOR THE, THE APPLICANT, UM, AND I WILL JUST STATE, I, I THINK HE'S DRAWN EVERYTHING AT 15 FEET, BECAUSE THAT'S A MAXIMUM HEIGHT, BUT THAT MAY NOT BE THE CASE. 
          BUT, BUT, BUT WHEN YOU SUBMIT A ELEVATION FOR MY, MY, I'M, THAT'S WHAT I'M HEARING HIM SAY. 
          I SUBMITTED IT AT 15 FEET BECAUSE AT SOME POINT IT'S GOING TO BE 15 FEET, BUT THERE'S OTHER POINTS WHERE IT COULD BE 13 FEET OR 
          [02:40:01]
12 FEET, DEPENDING ON THE GRADE OF THE, THE WALL. 
          SO I DON'T KNOW. 
          YES. 
          HIS PLANS ARE INCORRECT FOR THE FENCE. 
          UH, DID I CORRECTLY STATE THAT? THAT'S, THAT'S CORRECT. 
          BECAUSE, UH, AGAIN, OKAY, IT'S NOT GONNA BE THAT HIGHER ALL THE WAY AROUND, BUT I FEEL YES, AS THOUGH, WHEN IT COMES TO THE VISUAL OBSTRUCTION, IF I'M AGREEING TO THE STAFF RECOMMENDATION, YOU KNOW, AS FAR AS, YOU KNOW, A 10 BY 10 VISIBILITY TRIANGLE BEING AS FAR AS WHEN IT COMES TO NOW THE HEIGHT OF THE RETAINING WALL, THEN, YOU KNOW, AS AS STATED, THAT'S THE MAX HEIGHT, BUT IT WON'T NECESSARILY BE THAT HIGH ALL THE WAY AROUND ON THE SIDE IN THE BACK. 
          SO WITH HAVING THAT INFORMATION, I MEAN, I, I, TO ME, I FEEL AS THOUGH IT'S NOT, IT WOULDN'T BE AS CONCERNING. 
          I, I MEAN, I DON'T KNOW. 
          I, I WOULD WANT TO GET YOU ALL'S OPINION, BUT ANY, YOU KNOW, CONCERNING IF I'M, IF I'M AGREEING TO THE 10 BY 10 VISIBILITY TRIANGLE, THAT'S, YOU KNOW, UM, SO, SO LET ME ASK STAFF A QUESTION. 
          UM, I, I KEEP HEARING PEOPLE SAY A 10 BY 10 VISIBILITY TRIANGLE, A FIVE BY FIVE VISIBILITY TRIANGLE. 
          I, I, I, MAYBE I MISSED IT, BUT I DIDN'T SEE AN ACTUAL VISIBILITY TRIANGLE LISTED IN THE CASE REPORT, BUT WHEN I LOOK AT THE MOTION, IT SAYS THAT WE ARE GRANTING, POSSIBLY GRANTING A REQUEST TO MAINTAIN ITEMS IN A 45 FOOT VISIBILITY TRIANGLE. 
          SO I'M NOT REALLY SURE WHAT THE VISIBILITY TRIANGLE IS THAT WE, I THINK WHAT I HEAR THE APPLICANT SAYING IS HE WOULD BE HAPPY TO ADHERE TO WHATEVER THE ACTUAL VISIBILITY TRIANGLE IS, AND HE IS NOT ASKING NOW FOR A VARIANCE ON THAT. 
          RIGHT. 
          UM, OR A SPECIAL EXCEPTION. 
          BUT WHAT IS THE VISIBILITY TRIANGLE THAT HE HAS TO ADHERE TO? I DON'T THINK I KNOW WHAT IT IS. 
          OKAY. 
          WE'RE, WE'RE DOUBLE CHECKING. 
          'CAUSE I I FEEL LIKE WE'RE ALL SAYING 10 BY 10. 
          FIVE BY FIVE. 
          I DON'T, I I THINK WE NEED TO MAKE SURE WE KNOW WHAT YOUR VISIBILITY TRIANGLE IS. 
          YES. 
          WELL, I WAS JUST SAYING THE STAFF RECOMMENDATION, WELL, THIS ONE SAYS 45. 
          SORRY. 
          SO I WAS JUST VERY CONFUSED. 
          YEAH, I WAS SAYING THE STAFF RECOMMENDATION WHEN I SPOKE WITH, UM, THE GENTLEMAN, HE STATED, YOU KNOW, HE, THE RECOMMENDATION WAS A 10 BY 10 VISIBILITY TRIANGLE, AND INITIALLY MINE WAS A FIVE BY FIVE VISIBILITY TRIANGLE. 
          SO I'M JUST SAYING THAT I'M WILLING TO AGREE TO THE  VISIBILITY TRIANGLE. 
          YEAH, I, I THINK THERE'S, THERE, THERE'S A LOT OF CONFUSION FOR ALL OF US ON THIS CASE. 
          I THINK WE'RE KIND OF STARTING TO UNDERSTAND WHAT YOU PRESENTED AS YOUR FENCE. 
          THE VISIBILITY TRIANGLE IS ALSO VERY CONFUSING. 
          SO GIVE US JUST A SECOND. 
          HANG ON. 
          SURE. 
          SO ACCORDING TO THE DOCKET, THE, THE SPECIAL EXCEPTION IS TO A 20 FOOT VISIBILITY, UM, OBSTRUCTION. 
          UH, AND SO IT'S NOT A 10 FOOT, IT'S A 20 FOOT ACCORDING TO THE DOCKET. 
          BUT I DO HAVE A, ANOTHER QUESTION FROM MR. LARDY. 
          WELL, LET, LET, LET'S PUT ON THE RECORD WHAT OKAY. 
          NEEDS TO BE ON. 
          SO THE VISIBILITY OBSTRUCTION AT THE ALLEY, UM, YOU MUST PROVIDE A 20 FOOT VISIBILITY TRIANGLE, RIGHT? SO WHAT THE APPLICANT INITIALLY PROPOSED WAS A FIVE FOOT VISIBILITY TRIANGLE, BUT DAVID'S RECOMMENDATION WAS AT LEAST 10. 
          SO THE APPLICANT HAS STATED HE'S INCLINED TO MOVE FORWARD WITH THE 10 PUT VISIBILITY TRIANGLE VERSUS THE 20 FOOT VISIBILITY TRIANGLE AT THE ALLEY. 
          BUT 20 IS WHAT IS REQUIRED BY CODE. 
          BUT 20 IS, SO THAT'S WHAT IS BEFORE THE BOARD? CORRECT. 
          AND SO THE MOTION THAT WAS BEFORE YOU, THERE WAS SOME CONFUSION. 
          SO WHEN IT'S DRAFTED, IT HAS 45 FOOT, HOW THAT, THAT IS A TYPO AND IT SHOULD BE 20 FOOT, BECAUSE THAT WAS, IS WHAT HAS JUST BEEN CORROBORATED BY DR. MILLER HOSKINS. 
          WELL, WHERE DOES IT SAY 45 FOOT? I ONLY SEE IT. 
          IT'S ON THE MOTION PAGE TWO OF THE MOTIONS. 
          OH, YEAH. 
          GOTCHA. 
          OKAY. 
          SO DO WE HAVE ANY MORE QUESTIONS FOR THE APPLICANT? ARE THERE ANY QUESTIONS, MORE QUESTIONS FOR THE APPLICANT? UM, I DO HAVE A QUESTION FOR THE APPLICANT. 
          OKAY. 
          ALL RIGHT. 
          WELL, LET'S LET MRS ASK THE QUESTION OF STAFF AND WE'LL ASK QUESTION THE APPLICANT. 
          SO THE, IF HE WENT TO A 10 FOOT, WE WOULD STILL HAVE TO APPROVE A 10, AN EX, A 10 FOOT EX FOOT EXCEPTION TO THE 20 FOOT VISIBILITY TRIANGLE? THAT'S CORRECT. 
          OKAY. 
          AND JUST TO BUILD ON THAT, DO WE HAVE, I, I MEAN, IF WE WERE TO APPROVE THIS, DO WE HAVE A 
          [02:45:01]
SUBMITTED PLAN THAT SHOWS IT WITH 10 FEET? HE, I, I HAD IT ON THE SCREEN EARLIER. 
          HE SUBMITTED TO, HE SUBMITTED IT TO ME THIS MORNING. 
          OKAY. 
          AND IF WE REVIEWED IT AND FEEL COMFORTABLE THAT WE COULD, I WILL BE INCLINED TO ACCEPT IT. 
          OKAY. 
          THAT'S OKAY. 
          IT PROVIDED TO ALL, OKAY. 
          IT DOES, IT DOES. 
          IT'S 20 FEET. 
          NO, THE 27 DOES. 
          OKAY. 
          ALL RIGHT. 
          YOU HAD A QUESTION FOR THE APPLICANT, SO THEN WELL, YES, BUT BEFORE I GET TO THAT, SO THEN IN ORDER TO GIVE HIM THE 10 FOOT, WE HAVE TO GRANT THE VARIANCE, WE HAVE TO GRANT THE SPECIAL EXCEPTION. 
          SO THAT VARIANCE, OKAY. 
          YES. 
          OKAY. 
          IT IS A 20 FOOT THAT IS REQUIRED BY CITY CODE. 
          HE ASKED FOR A FIVE FOOT, MR. NAVAREZ RECOMMENDED A 10 FOOT, AND HE IS SAYING THAT HE, AND I BELIEVE BASED ON THE WAY THE DOCKET READ, WE WOULD, MR. NAVAREZ WOULD NOT SUPPORT A FIVE FOOT. 
          SO IF WE SUPPORTED A FIVE FOOT, THAT WOULD BE DIFFERENT. 
          MR. NAVARRES ONLY SUPPORTS A 10 FOOT. 
          THE APPLICANT'S NOW SAYING HE SUPPORTS A 10 FOOT, SO WE CAN GRANT THAT, UM, BASED ON THE NEWLY SUBMITTED SITE PLAN THAT WAS SUBMITTED THIS MORNING, THAT SHOWS THE 10 FOOT. 
          OKAY. 
          SO NOW YOU HAD A QUESTION FOR YEAH. 
          OH, WAIT, DO YOU HAVE A QUESTION ON THE SAME SUBJECT, MR. SITE QUESTION? YEAH, QUESTION FOR THE CHAIR. 
          SO, DAVID, IS IT IN THE DOCKET? UH, DAVID SAID HE'S GOOD WITH THAT. 
          AND WAS THIS THE CASE WE WANTED HIM HOPING HE WAS HERE TO TALK TO, OR NO, THAT WAS THE PREVIOUS CASE, WHICH WE OKAY, GOT IT. 
          YEAH. 
          OKAY. 
          OKAY. 
          UM, SO MR. LARDY, UH, SO GIVEN THE, UM, AGGRESSIVE NATURE OF THESE, UH, RETAINING WALLS, WOULD YOU SAY THAT THEY'RE CONS CONSISTENT WITH, I MEAN, I KNOW THIS IS NOT WHAT THE RULING IS ABOUT, BUT I'M JUST CURIOUS, UH, WOULD YOU SAY THAT THEY'RE CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD? LIKE ARE THERE OTHER SIMILAR SITES THAT HAVE LARGER RETAINING WALLS? WELL, WELL, THE ONE THAT THEY'RE BUILDING, UM, THAT YOU ALL SEEN THAT'S ON THE SAME SIDE OR THE SAME SIDE AS, UH, MY PROPERTY, THEY DID BUILD A RETAINING WALL. 
          UM, BUT AT THE BACK OF THE PROPERTY, UM, I DON'T KNOW EXACTLY HOW HIGH IT IS, BUT THEIR GARAGE IS IN THE FRONT. 
          BUT THE, THE, THE, THE ISSUE IS THAT NO ONE, THIS IS AGAIN, THE HIGHEST, UH, YOU KNOW, UH, LOTS ON THE, THE, THE STREET. 
          SO WHEN I PURCHASED THIS, THIS PROPERTY, I DID TAKE IT INTO LIKE, CONSIDERATION, YOU KNOW, EVERYTHING INTO CONSIDERATION. 
          AND NOBODY PRETTY MUCH WANTED TO PURCHASE THIS, THIS PROPERTY. 
          NO ONE WANTED TO TOUCH IT, BECAUSE IF IT, BECAUSE THERE'S SEVERAL, THERE'S LIKE 1, 2, 3, 4, 5, 6, 7, IT PROBABLY WAS LIKE SEVEN LOTS AVAILABLE. 
          AND NOW I THINK EVEN 1, 2, 3, 4, LIKE FOUR OR FIVE HAS BEEN PURCHASED. 
          BUT NO ONE WANTED TO TOUCH THIS BECAUSE, YOU KNOW, THEY WAS BASICALLY AFRAID OF, YOU KNOW, WHERE WE'RE AT NOW. 
          SO THAT WAS THE BIGGEST ISSUE. 
          THIS, THIS LOT PRETTY MUCH WOULD'VE JUST BEEN SITTING STILL. 
          UM, BUT I TOOK A CHANCE BECAUSE I SEEN THE VISION. 
          SO EVEN THOUGH, AND, AND THAT IS WHAT IS REQUIRED IN ORDER TO MAKE THIS A BUILDABLE LOT. 
          SO IF I DON'T DO THAT, OR IT'S NOT APPROVED, EVEN WITH HAVING LIKE LOWER, UM, UH, WALLS, LIKE ON THE SIDES AND ON THE BACK, I MEAN, IF THAT'S NOT APPROVED, THEN I MEAN, TO BE HONEST, IT WON'T BE A BUILDABLE LOT. 
          THE CITY OF DALLAS DOES NEED, YOU KNOW, MORE HOMES BUILT TO MEET THE DEMAND. 
          AND I MEAN, TO BE HONEST, I MEAN, I JUST FEEL AS THOUGH THAT MAYBE I WOULD JUST SELL THE PROPERTY THEN, BECAUSE I MEAN, THIS IS WHAT, IS WHAT, WHAT'S WHAT REQUIRED FOR THIS SPECIFIC LOT. 
          ALL THE OTHER PROPERTIES ARE NOT THIS HIGH. 
          THEY ARE VERY, YOU KNOW, THEY'RE TO THE GROUND BASICALLY. 
          SO THAT'S WHAT I'M SAYING WITH THIS ONE, WITH YOUR QUESTION EARLIER IN REGARDS TO COULDN'T I GRADE IT ALL THE WAY DOWN, IT WOULD BE EXTREMELY EXPENSIVE. 
          SO, YOU KNOW, AND THAT IT WOULDN'T EVEN BE WORTH IT TO EVEN DO. 
          I JUST WOULD, I JUST WOULD SELL THE PROPERTY EVEN IF I COULD SELL IT. 
          THIS, THIS PROPERTY WAS ON, UM, LIST WAS LISTED FOR I THINK LIKE A YEAR AND SOMETHING, OR IT WAS SOMETHING BEFORE I EVEN PURCHASED IT. 
          SO NOBODY WANTED TO TOUCH THIS PROPERTY. 
          SO I'M, I'M JUST SAYING, UH, A RETAINING WALL IS WHAT IS REQUIRED IN ORDER TO MAKE IT A BILLABLE LOT. 
          I MEAN, IT'S JUST WHAT IT IS. 
          I MEAN, I WOULDN'T, TO BE HONEST WITH THIS BEING MY FIRST, UM, YOU KNOW, DEVELOP PLAN, I, TO BE HONEST, IF I, I DID A LOT OF DUE DILIGENCE, BUT I JUST DIDN'T THINK THAT IT WOULD'VE BEEN LIKE THIS DIFFICULT WHEN IT COMES TO 
          [02:50:01]
LIKE MAKING A BUILDABLE LOT WHEN IT COMES TO THE RETAINING WALL. 
          I PROBABLY WOULDN'T HAVE CHOSE THIS AS MY FIRST DEVELOPMENT. 
          BUT AGAIN, NOBODY EVEN, UH, EXPERIENCED DEVELOPERS HAVE NOT PURCHASED THIS. 
          I MEAN, THEY, THEY, THEY DIDN'T. 
          AND SO THAT'S WHAT I'M SAYING, LIKE, IT IS WHAT IS REQUIRED. 
          IF I WAS TO SELL IT TODAY, THEN SOMEBODY ELSE WAS TO BILL IT, UH, UH, BUY IT, THEN THEY PROBABLY WILL COME WITH THE SAME PLANS THAT, THAT I HAVE OR THE SAME REQUEST. 
          THAT'S WHAT I'M SAYING. 
          I MEAN, IT IS THE, IT'S HIGH. 
          YOU KNOW, NOBODY IS WANTING TO, YOU KNOW, UM, TEAR THROUGH ALL OF THAT NATURAL TERRAIN TO BRING IT ALL THE WAY DOWN. 
          IT'S TOO MUCH. 
          SO EVERYBODY JUST PASSES ON IT. 
          SO THAT'S WHAT I'M SAYING. 
          I'M WILLING TO DO THE 10 BOX , BUT WHEN IT COMES TO THE RETAINING WALL, JUST AS THE OTHER SPEAKER, I'M SO SORRY THAT KIND OF, YOU KNOW, STATED, WHAT I WAS TRYING TO ARTICULATE IS THAT AT THE FRONT OF THE PROPERTY, THE HIGHEST POINT IS EIGHT AND A HALF FEET ON THE SIDES. 
          IS IT, IT WILL PRETTY MUCH SLOW DOWN BECAUSE BASED OFF OF THE, I'M LEARNING TO, UH, STEAL THE TERMINOLOGY, I GUESS THE TYPOGRAPHY OR WHATEVER, IT WON'T BE AS HIGH, BUT IT'S WHAT'S NEEDED. 
          BECAUSE AGAIN, LIKE THE HOME, THE, THE, THE GARAGE IS GONNA BE AT THE BACK. 
          I CAN'T, YOU KNOW, I CAN'T, YOU KNOW, GRADE IT DOWN BECAUSE AGAIN, I MEAN, THAT'S THE, THE ALLEYWAY CURVES ALL THE WAY UP AND, YOU KNOW, WELL, CURVES AND GOES AND ELEVATES AROUND TO THE BACK. 
          LIKE, I MEAN, THERE'S, THERE'S NO WAY I CAN DO THAT. 
          THERE'S NO WAY. 
          BECAUSE EVEN IF I DIDN'T GET THIS APPROVED, I JUST, I'LL BE HONEST, I JUST WILL HAVE TO TRY TO SELL THIS OR SOMETHING, OR JUST WILL SIT AND IT WON'T BE A BILLABLE LOT. 
          I THINK THIS IS ONE OF THE, THE BEST VISIONS FOR THIS PROPERTY IS, UH, AS FAR AS WHAT I'M ACTUALLY PRESENTING TO YOU ALL TODAY. 
          I MEAN, IT'S THE BEST. 
          IT MAY NOT BE SIMILAR TO ANY OF THE OTHER PROPERTIES. 
          ALL RIGHT. 
          ON THE, ON THE, OKAY, THAT'S WHAT I'M SAYING. 
          OKAY. 
          THANK YOU. 
          OKAY. 
          DO WE HAVE ANY OTHER QUESTIONS? OKAY, DO WE HAVE A MOTION? YES. 
          THANK YOU. 
          OKAY. 
          OH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 3 4 DASH 1 55 ON APPLICATION OF BENJAMIN LARDY DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A 15 FOOT HIGH FENCE, UH, WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          I ENTER ANY SECOND. 
          OKAY. 
          UM, THAT WAS A LOT OF INFORMATION THERE. 
          SO I'M JUST GONNA GO THROUGH PROBABLY TWO POINTS NET PROBABLY, WELL TWO POINTS HERE. 
          UM, LOOKING AT THE SITE PLAN AND THE ELEVATIONS, AND THEN OF COURSE, THE TESTIMONY OF APPLICANT, MR. LARDY. 
          SO 15 FEET DOES SEEM EXCESSIVE, ESPECIALLY GIVEN THE CONTEXT OF THIS NEIGHBORHOOD. 
          YES, THERE IS TO TOPOGRAPHY THE DEAL WITH, UM, TO MR. LARDY TESTIMONY, HE DID SAY THAT THE HIGHEST POINT OF THE ELEVATION, I MEAN, SORRY, THE HIGHEST POINT OF THE RETAINING WALL WOULD JUST NEED TO BE EIGHT FEET. 
          UM, THE RETAINING WALL IS NOT THE ISSUE HERE. 
          I BELIEVE IT'S A EXCESS OF ANOTHER SEVEN FEET OF FENCING THAT, UM, THAT IS NOT, UM, IT IS NOT IN ALIGNMENT WITH WHAT THE NEIGHBORHOOD IS. 
          I BELIEVE THAT THE FOUR FEET, UM, THAT IS BY RIGHT WITH THE, THE CITY ON TOP OF THAT RETAINING WALL WOULD PROVIDE THE ADEQUATE AMOUNT OF SAFETY. 
          IF YOU'RE EIGHT FEET ABOVE THE STREET, A FOUR FOOT FENCE, UM, THAT'S GONNA KEEP FOLKS FROM FALLING OVER THAT RETAINING WALL. 
          BUT, UM, YEAH, AS FAR AS WHAT, AGAIN, THIS IS PRETTY MUCH BASED ON TESTIMONY, I WOULD'VE REALLY APPRECIATED A, A GRADING PLAN THAT SHOWS US THE COMPLEXITY OF THIS SITE SINCE IT'S SO UNIQUE, SINCE THERE IS TOPOGRAPHY CHANGE HERE. 
          BUT WE DON'T HAVE THAT. 
          AND IF THAT ARCHITECT DIDN'T PROVIDE THAT TO YOU, THEN I'M, I DON'T WANNA RISK GOING OUT TWO MONTHS TO HOLD THIS UP. 
          SO AGAIN, BASED ON YOUR TESTIMONY, MR. LARDY, YOU'RE SAYING THAT THERE'S GONNA BE SOME GRADING DONE THAT BRINGS THIS PARCEL LEVEL TO BUILD THE HOUSE, THE HIGHEST POINT BEING FOUR EIGHT FEET. 
          BELIEVE THAT WITH THAT EIGHT FEET AND ADDITIONAL MOST FOUR FEET FOR FENCING, THAT GETS YOU THERE, YOU DON'T NEED THE ENTIRE 15 FEET. 
          UM, SO THAT IS WHY I'M, UM, MOVING TO DENY WITHOUT PREJUDICE, AND I ECHOED THE SENTIMENT TO MY COLLEAGUE, MR. CANNON, TO THAT I WOULD LIKE TO ADD, UM, I I BUY YOUR GENERAL VISION. 
          UM, IT, IT MAKES SENSE TO ME NOW THAT THIS IS THE APPROACH YOU TOOK, BUT, UM, YOU NEED TO COME BACK WITH THE DETAILS REALLY FLUSHED OUT. 
          YOU NEED TO SHOW ACCURATE RETAINING WALL ELEVATIONS THAT SHOW EXACTLY WHAT THE HIGH OF THE RETAINING WALLS ARE GONNA BE AT THE VARIOUS LOCATIONS. 
          UM, AND AGAIN, UH, YOU NEED TO HAVE A GRADING PLAN THAT REALLY SH SHOWS US WHAT'S GOING ON 
          [02:55:01]
THERE SO THAT WE UNDERSTAND YOUR APPROACH. 
          SO I THINK YOU'RE ON THE RIGHT PATH, BUT YOU DIDN'T GIVE US ENOUGH INFORMATION. 
          SO, UM, BEST OF LUCK. 
          AND, AND I'LL ADD, YOU KNOW, I AGREE WITH EVERYTHING MR. CANNON AND MR. FINNEY SAID. 
          UM, AND IF THE RETAINING WALL, I I DO BELIEVE, UM, OBVIOUSLY THAT SOME TYPE OF RETAINING WALL IS PROBABLY NECESSARY BASED ON THE TOPOGRAPHY THAT WE CAN SEE. 
          BUT I'D LIKE TO SEE A LITTLE BIT MORE CONTEXT ON WHAT THE TOPOGRAPHY IS, WHAT YOUR CHALLENGES ARE, BECAUSE THAT'S NOT STAFF STU, THAT'S YOUR RESPONSIBILITY TO PRESENT THAT AND TO CONVINCE THE BOARD. 
          UH, AND THEN IF YOU'RE NOT LOOKING AT EIGHT FEET OF CONCRETE WALLING RIMMING THE ENTIRE PROPERTY, THEN THE, THE DIAGRAMS NEED TO REFLECT THAT. 
          AND I DO AGREE THAT FOUR FEET OF FENCING ON TOP OF WHATEVER THE, THE CONCRETE, UH, WALL THAT IS NECESSARY, UM, WOULD BE SUFFICIENT. 
          AND I MEAN, THIS IS NOT SOMETHING NEW. 
          THE, YOU KNOW, HAVING TO BUILD A RETAINING WALL TO LEVEL OUT PROPERTY AND MAKE IT BUILDABLE. 
          I, CAN I MAKE ONE MORE COMMENT? YES. 
          UM, I WOULD ALSO PERHAPS SUGGEST CONSIDERING, YOU KNOW, UM, WHEN YOU, WHEN YOU DO COME BACK, UM, THE LOCATION OF SOME OF THESE RETAINING WALLS, MAYBE NOT ALL OF THEM NEED TO BE AT THE, AT THE, AT THE PROPERTY LINE. 
          MAYBE SOME OF THEM CAN BE PULLED IN SOME, UM, SO I, I WOULD REALLY CONSIDER HOW MUCH OF THE SITE REALLY IS INTENDED TO BE USED AS, YOU KNOW, TRADITIONAL LAWN SPACE, UM, AND, AND HOW MUCH OF IT ISN'T. 
          AND, AND THE PART THAT ISN'T, MAYBE THAT FALLS OUTSIDE OF THE RETAINING WALL, AND THAT THAT WILL ONLY NOT ONLY SAVE VIEW COSTS ON THE DEVELOPMENT SIDE, BUT UM, MIGHT MAKE, UH, THE, THE, THE ELEVATION, THE RETAINING WALL ELEVATION'S A LITTLE BIT LESS DAUNTING THE NEXT TIME YOU, YOU COME BEFORE THE BOARD. 
          SO, ALL RIGHT. 
          ROLL CALL VOTE. 
          MR. CANNON. 
          AYE. 
          MR. GRAHAM? AYE. 
          MR. NEY? AYE. 
          MR. SAUK? AYE. 
          MS. VICE CHAIR? AYE. 
          MOTION TO DENY WITHOUT PREJUDICE PASSES FIVE TO ZERO. 
          OKAY. 
          THANK YOU FOR COMING IN ALL. 
          WE WILL NOW MOVE ON TO MADAM CHAIR. 
          THERE'S ANOTHER MOTION. 
          YEAH, THAT'S WHAT I WAS GONNA SAY. 
          IT'S TWO, THAT'S WHY I DIDN'T KNOW IF IT WAS DENIED FOR BOTH OR JUST GO AHEAD. 
          UM, OKAY HERE, SO I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA, UH, OH ARE WE 2 3 4 DASH 1 55 ON APPLICATION OF BENJAMIN LARDY GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE INTERSECTION OF THE ALLEY AND BROOKWOOD DRIVE AS A SPECIAL EXEMPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE OF INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH IS THE COMPLIANCE WITH THE MOST, THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED. 
          BUT , SO WELL THAT WAS MOTION AGREEMENT. 
          THAT WAS, YOU KNOW WHAT, AS I WAS READING THAT HALFWAY THROUGH, THAT'S, SO HE'S PROPOSING 10 FEET. 
          SO, BUT, BUT HOLD ON. 
          OKAY. 
          WELL CORRECT. 
          WE, I'M NOT SURE THAT WE CAN GRANT THIS WHEN WE DON'T HAVE A SUBMITTED SITE PLAN BECAUSE WE JUST DENIED A SITE PLAN. 
          SO IN REALITY WE ARE DENYING THIS. 
          YES. 
          I, UM, AND SO I, UM, I I DON'T THINK THAT THERE'S ANYTHING TO GRANT. 
          GRANT GOT IT. 
          GOT IT. 
          I WAS HALFWAY THROUGH READING THAT. 
          YEP. 
          SO I DO WE, WHAT IS THE, CAN I RESEND THAT CORRECT? ROBERT'S RULES OF WORD? YOUR ADVANCE? THERE WAS NO SECOND. 
          I DON'T, I DON'T BELIEVE THERE WAS A SECOND. 
          THERE WAS NOT A SECOND MOTION WOULD DIE FOR A LACK OF A SECOND. 
          OKAY. 
          THERE'S NO SECOND. 
          SO DO WE HAVE A NEW MOTION ON THE FLOOR? I WILL MAKE A NEW MOTION. 
          ALRIGHT. 
          I'M FULLY AWAKE NOW. 
          ALRIGHT. 
          UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 34 DASH 1 55 ON APPLICATION OF BENJAMIN LARDY DENIED SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT 
          [03:00:01]
THE INTERSECTION OF THE ALLEY IN BROOKWOOD DRIVE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD CONSTITUTE A TRAFFIC HAZARD. 
          I ENTER FINNEY SECOND. 
          OKAY. 
          WHAT MY POINT OF, UH, DISCUSSION WAS BEFORE I, UH, ERRONEOUSLY GRANTED THAT, UM, OUR, UM, LET'S SEE, RECOMMENDATION BY OUR, UH, TRAFFIC ENGINEER SUGGESTED AT LEAST A 20 FOOT VISIBILITY. 
          WHEREAS THE SITE PLAN, UM, PROPOSES A FIVE FOOT, UM, VISIBILITY TRIANGLE, WHICH I THINK ABOVE DISCUSSION A MINIMUM OF A 10 FOOT WAS RECOMMENDED. 
          SO THAT BEING THAT THE SITE PLAN THAT WE HAVE BEFORE TODAY, UM, HAS A FIVE FOOT VISIBILITY TRIANGLE, WE CANNOT, UM, UNDER ADVISEMENT OF OUR TRAFFIC ENGINEER, UM, ACCEPT THIS. 
          SO THEREFORE I AM MOTIONING TO DENY. 
          ALL RIGHT. 
          OKAY. 
          ROLL CALL VOTE MR. CANON. 
          AYE. 
          MR. FINNEY? AYE. 
          MR. GRAHAM? AYE. 
          MR. SAUK? AYE. 
          MS. VICE CHAIR? AYE. 
          MOTION TO DENY WITHOUT PREJUDICE PASSES? FIVE TO ZERO. 
          OKAY. 
          NOW WE'LL MOVE ON TO 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 FOR THE RECORD AND THEN WE'LL SWEAR YOU IN. 
          AND ARE THERE OTHER PEOPLE THAT WILL BE SPEAKING ON THIS TODAY? UM, I BELIEVE THEY ARE PRESENT. 
          OKAY. 
          IF YOU GUYS WILL STAND UP AND BE SWORN INTO, THAT'D BE GREAT. 
          OKAY. 
          MY NAME IS JAY TAYLOR AT 10 33 EAST NINTH STREET IN DALLAS, TEXAS. 
          NICOLE RAPHAEL, 5 5 6 LINDA LANE, DESOTO, TEXAS SACATON 58 30 MEADOWS LANE, DALLAS. 
          DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY, PLEASE PROCEED. 
          YOU HAVE FIVE MINUTES. 
          THANK YOU. 
          GOOD AFTERNOON BOARD. 
          UM, AS THE APPLICANT FOR THIS CASE, UH, WE WERE ON A MISSION TO PROVIDE AFFORDABLE HOUSING WITHIN THE FOREST DISTRICT. 
          AND ON SEVERAL OF THESE LOTS THAT WE'RE DEVELOPING, WE IDENTIFIED 1417 LYNNWAY AS AN OPPORTUNITY TO ALSO PROVIDE A LITTLE MORE DENSITY SINCE THAT LOT HAS FRONTAGE TO LYNNWAY STREET AND WARREN AVENUE. 
          UM, AND SO WE DESIGNED THE MAIN HOUSE, WHICH IS ON A CONSTRUCTION NOW, AND WE PROPOSING A A DU IN THE BACK FOR A SENIOR, UH, FAMILY MEMBER. 
          AND WE'LL ALSO ASK FOR A SPECIAL VARIANCE FOR A LITTLE, A 3% INCREASE OVER THE A D'S  REQUIREMENTS FOR THE HOME TO BE A TAD BIGGER, MAINLY FOR THE EXTRA SPACE TO HAVE WHEELCHAIR ACCESSIBILITY WITH A FIVE FOOT RADIUS IN THE BATHROOMS, BEDROOMS IN AND OUT OF THE HOME. 
          UM, THAT WAS WHY THE HOME WAS A LITTLE BIT BIGGER, EVEN THOUGH THAT'S NOT A PART OF THE, UM, CASE THAT YOU WANTED TO GIVE BACKGROUND AND REASON OR THAT ASKED FOR THAT VARIANCE. 
          AND, UH, , I'LL OPEN UP TO ANY QUESTIONS YOU MIGHT HAVE. 
          DID WE HAVE THE OPPOSITION? YES. 
          THERE IS NO OPPOSITION THERE. 
          IT IS. 
          LETTERS OF SUPPORT, LETTER OF SUPPORT MM-HMM . 
          AND SO YOU, YOUR NEIGHBORS, THE NEIGHBORS SURROUNDING THIS PROPERTY ARE AWARE THAT YOU'RE PUTTING IN THE A DU AND YES, SIR. 
          OKAY. 
          AND YOU'VE, YOU'VE NOT EXPERIENCED ANY CONCERN FROM ANY OF THEM? NO, I THINK, I BELIEVE SEVERAL OF THEM HAVE ACTUALLY WRITTEN IN LETTERS OF SUPPORT. 
          YEAH. 
          GREAT. 
          THAT'S AWESOME. 
          I, AND YOU SAID THAT THE REASON FOR THE 28% AS OPPOSED TO THE 25% WAS DUE TO THE A DA MEETING, THE A DA REQUIREMENTS? IT, I DECIDED TO BE A LITTLE BIT BIGGER WITH EXTRA SPACE IN THE BATHROOMS, BEDROOMS FOR SOME HANDRAILS GUARDRAILS, UH, FOR A KIND OF A LARGER, UM, RADIUS FOR POTENTIAL WHEELCHAIR IF THAT SENIOR CITIZEN IS A HANDICAPPED PERSON. 
          GREAT. 
          THAT'S AWESOME. 
          AND THIS WILL NOT BE USED AS A RENTAL ACCOMMODATION, CORRECT? CORRECT. 
          OKAY. 
          ARE THERE ANY QUESTIONS, UH, MR. SITE? YEAH, ON THE, UM, THE ILLUSTRATION AS WELL AS THE, UM, ACTUAL ARCHITECTURAL RENDERING, THERE'S 
          [03:05:01]
NO ACCESS FROM THE, UM, ACCESSORY, UH, DWELLING TO THE MAIN HOUSE. 
          IT LOOKS LIKE IT'S ALL FENCED OFF. 
          UH, SO HOW DOES SOMEONE, HOW WOULD ONE GET FROM THAT ACCESSORY DWELLING UNIT TO THE, TO THE MAIN HOUSE? THERE IS A GATE ON THAT FENCE LINE RIGHT BEHIND THAT GARAGE WHERE THAT CARPORT IS. 
          THERE SHOULD BE A, A GATE ON THAT ILLUSTRATION THAT YOU CAN WALK BETWEEN THE BACKYARD AND TO THAT A DU. 
          SO THAT'S AN INTERESTING, SO I MEAN, IS THAT FENCE THERE BECAUSE THE PROPERTY WILL BE RENTED OR IS THAT FENCE THERE? THAT FENCE IS THERE NOT TO HAVE RENT IS TO BASICALLY PROVIDE A BARRIER FROM THAT WORN AL SO THAT SOMEONE JUST WOULDN'T WALK THROUGH THE CARPORT RIGHT INTO THE BACKYARD. 
          UM, AND SO THAT KIND OF CREATES THAT BARRIER OF THAT ENCLOSING THAT BACKYARD. 
          BUT THERE STILL IS ACCESS BETWEEN THE TWO. 
          YOU CAN VISUALLY SEE THEM, THERE'S WINDOWS. 
          HMM. 
          BUT I'M NOT SEEING A GATE. 
          IT SHOULD BE ON THE SITE PLAN. 
          IT'S RIGHT BEHIND THAT CARPORT. 
          IT'S LIKE A LITTLE THREE FOOT GATE THAT GOES IN BETWEEN THE BACKYARD AND THE A DU. 
          UM, I'VE GOT A QUESTION HERE, WHICH IS, UM, I DIDN'T, I DON'T THINK I CAUGHT THIS, UM, WHEN YOU PRESENTED LAST MONTH. 
          UM, SO OKAY, SITE HAS TWO FRONTAGES GET THAT THE, UM, COULD YOU TELL ME A LITTLE BIT ABOUT THE CONTEXT OF, OF THIS BLOCK? ARE THERE OTHER ADUS THAT KINDA HAVE LIKE THIS, YOU KNOW, KNOW THIS DUAL FRONTAGES, UM, ON WARREN AND LYNNWAY? OR WOULD YOURS PROPERTY IF IT BE THE FIRST TO HAVE, YOU KNOW, PRIMARY ON ONE SIDE A DU FRONTAGE ON THE SECOND? SO ON WARREN AVENUE, THERE ARE, THERE WERE EXISTING HOMES THAT HAD FRONTAGE TO WARREN AVENUE. 
          OKAY. 
          UM, AND THERE'S, I THINK AT ONE POINT IN TIME THAT WHEN WE TALKED WITH THE NEIGHBORS, THERE WAS LAY THAT LIVED RIGHT ACROSS FROM WHERE THIS PROPOSED A DU IS THAT HAD COMPLAINTS ABOUT AS FAR AS SECURITY, HOW THERE WEREN'T ANY MORE, HOW THE FRONTAGE TORCH WARREN AVENUE. 
          AND SO NOT ONLY WOULD THIS A DU, WE THOUGHT IT WOULD ALSO PROVIDE SECURITY WITH HAVING FRONTAGE WITH HAVING MORE LIKE, AND HAVING MORE PRESENCE, UH, FACING TOWARDS WARREN AVENUE. 
          UH, BUT THERE ARE NO A DUS ON THAT BLOCK THAT SPAN FROM HOMES TO CLEVELAND THAT HAVE AN A DU. 
          OKAY. 
          YEAH. 
          THANKS FOR CONFIRMING, BECAUSE I'M LOOKING AT THE GOOGLE IMAGE RIGHT NOW. 
          IT'S A LITTLE BLURRY, BUT YEAH, IT LOOKS LIKE THOSE ARE ALL, UM, TO THE HOMES TO LEFT, THOSE ARE ALL REAR YARDS WHERE YOURS WOULD BREAK GUESS PRECEDENCE ON THAT BLOCK TO HAVE AN A DU FRONTAGE. 
          SO I WAS JUST, THANK YOU FOR CONFIRMING THAT. 
          UM, I, I DON'T HAVE ANY FURTHER QUESTIONS. 
          UM, I THINK, YEAH, THERE WAS A LITTLE BIT OF A CON QUESTION AS FAR AS LIKE THAT FENCE CONDITION, BUT OTHER THAN THAT, UM, AND IF, AND IF THAT'S NOT SHOWN ON THE DRAWINGS, IT, IT, IT'S, WHEN WE WENT THROUGH THE FIRST TIME, IT, IT HAD A GATE THAT BASICALLY YOU CAN WALK BETWEEN THAT BACKYARD AND THAT A DU TO, TO GET TO THAT A DU FROM THAT MAIN HOUSE. 
          ARE THERE ANY OTHER SPEAKERS? ANY OTHER QUESTIONS? I'M NOT SURE IF THE OTHER TWO OKAY. 
          WOULD LIKE TO SPEAK. 
          I I JUST WANTED TO ADD A LITTLE BIT OF, UH, TEXTURE. 
          WE, ON THE COMMUNITY, UH, SUPPORT SIDE, WE HAD THE OPPORTUNITY TO GO THROUGH AN EQUITABLE DEVELOPMENT PLANNING, UH, EXERCISE IN OUR NEIGHBORHOOD AND WE GOT TO SHOW LIKE DIFFERENT HOUSING TYPOLOGIES AND THERE WAS A LOT OF SUPPORT FOR THE CONCEPT OF THE ACCESSORY DWELLING UNITS. 
          AND SO WE SEE THIS AS KIND OF A PILOT PROJECT. 
          WE ALREADY HAVE SOME NEIGHBORS ON LYNNWAY. 
          UH, ONE OF THE WOMEN WROTE A SUPPORT LETTER, BRIDGET COLEMAN. 
          SHE'S VERY INTERESTED AND POSSIBLY DOING THAT ON HER PROPERTY. 
          ANOTHER GENTLEMAN, LEONARD LEONARD HARDING. 
          UM, AND, UH, SO ANYWAY, WE'RE EXCITED ABOUT THAT. 
          AND THE, WHILE NONE OF THOSE STREETS ON LYNNWAY HAVE A A DU THAT FACES WARREN, THERE IS THE ONE HOME ON HOME STREET THAT HAS THE A DU THAT FACES WARREN, WHICH IS WHERE THE LADY UH, UH, THAT UM, UM, MR. TAYLOR MENTIONED LIVES. 
          AND, AND SO WE'RE EXCITED TO BRING MORE SAFETY AND LIGHTING TO THAT DATE THAT, THAT PART OF THE STREET BY, BY THIS UH, PROPOSAL THAT, UH, JAY IS TALKING ABOUT. 
          BUT I JUST WANTED TO SHARE THAT IN REGARDS TO THE COMMUNITY INTEREST IN THIS, 
          [03:10:01]
UH, CONCEPT AND THE HOPE THAT WE WILL, UM, UH, MAYBE THIS IF, IF, UH, WILL BE AN OPPORTUNITY FOR MORE, UH, LIKE THESE AND IN IN THESE DEEP LOTS IN THIS NEIGHBORHOOD. 
          THANK YOU. 
          ANY OTHER QUESTIONS? OKAY. 
          DO WE HAVE A MOTION? I HAVE A MOTION. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BDA 2 4 5 DASH 0 0 1 ON APPLICATION OF J TAYLOR GRANT. 
          GRANT THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT ON THE SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT. 
          THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED. 
          THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL DWELLING UNIT AS RENTAL ACCOMMODATIONS. 
          I, JOE CANNON SECOND THAT MOTION. 
          UM, YEAH, SO I THINK, UH, THE COMMUNITY SUPPORT REALLY RESONATED WITH ME. 
          UM, UH, A LOT OF TIMES ADUS ARE VERY CONTENTIOUS AND THE NEIGHBORS AREN'T ALWAYS SO, UH, SUPPORTIVE. 
          SO YOU SHOULD CONSIDER YOURSELF VERY BLESSED . 
          UM, SO, UH, MAYBE I SHOULD CONSIDER MOVING THERE. 
          I DON'T KNOW. 
          UM, BUT NO, IT'S, UM, THAT THAT IS THE NUMBER ONE THING THAT PERSUADED ME. 
          UM, I ALSO LOVE THAT YOU PUT EXTRA THOUGHT INTO THE ACCESSIBLE FEATURES OF YOUR, UH, UNIT. 
          UM, THAT'S INCREDIBLY IMPORTANT. 
          SO GOOD JOB. 
          YES. 
          IN ADDITION TO, UH, MR. FINNEY'S, UM, SUPPORT OF THIS, UM, I'M REMEMBERING TESTIMONY THAT WAS GIVEN. 
          I SAY IT WAS, YEAH, IT WAS LAST MONTH AND THEN ALSO TODAY. 
          UM, I KNOW THAT, UM, IN OUR, IN OUR PURVIEW HERE, THERE'S UM, YOU KNOW, THERE'S THE, UM, CONTRARY TO PUBLIC INTEREST, WHICH CLEARLY, UM, YOU HAVE MORE THAN ENOUGH SUPPORT THERE. 
          UM, AND THEN THE SPECIFICS TO THE SITE NOW, ALTHOUGH CODE DOES SAY THAT OR AT LEAST RECOMMENDATION, IS THAT THIS CASE DOESN'T MEET THAT. 
          UM, THIS IS A SPECIAL CIRCUMSTANCE FROM MY INTERPRETATION BECAUSE A, IT IS A PILOT PROGRAM AND THE FACT THAT THIS PARCEL IS CONDUCIVE TO MORE HOUSING, UM, WHICH HAS BEEN CLEARLY SHOWED THROUGH THE CONSTRUCTION OF A PRIMARY RESIDENCE AND THE PLANNING FOR AN A DU THAT CAN BE PASSED ON FROM OWNER TO OWNER TO OWNER. 
          SO WITH THAT AND THEN THE DE RESTRICTIONS IN PLACE THAT IT WOULD NOT BE USED AS A RENTAL ACCOMMODATION, I WOULD SUPPORT MR. FINN'S. 
          MOTION TO GRANT. 
          ALL RIGHT. 
          ROLL CALL VOTE. 
          MR. CANNON. 
          AYE. 
          MR. FINNEY? AYE. 
          MR. SAUK? AYE. 
          MR. GRAHAM? AYE. 
          MS. VICE-CHAIR? AYE. 
          MOTION TO GRANT PASSES? FIVE TO ZERO. 
          OKAY. 
          AND THERE IS A SECOND MOTION FOR THIS. 
          DO I HAVE, UM, YES. 
          UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 4 5 DASH 0 0 1 ON APPLICATION OF J TAYLOR GRANT, THE 52 AND A HALF SQUARE FOOT VARIANCE TO THE FLOOR AREA RATIO FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT. 
          NOW FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANT WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. 
          UM, I SECOND THAT I STAND BY MY COMMENTS AND, UM, IN ADDITION TO, UH, PREVIOUS STATED COMMENTS, UM, I'LL BE SUPPORTING THIS MOTION. 
          YES, THIS IS, UM, WELL IN EXCESS OF THE CODES. 
          UM, THIS ALLOTTED SQUARE FOOTAGE FOR ADUS HOVER. 
          UM, THE INTENTION IS THAT THIS, UM, THIS DWELLING UNIT BE USED BY THOSE OF, UM, DIFFERENT ABILITIES. 
          AND WITH THAT THERE ARE, UM, THERE ARE STANDARDS, SO WIDER RADIUSES FOR THE RESTROOMS WIDER, UH, CORRIDORS. 
          SO WITH THAT BEING THE INTENTION OF THE DESIGN, I UM, FULLY SUPPORT THE ADDITIONAL SQUARE FOOTAGE. 
          UH, ROLL CALL VOTE. 
          MR. CANNON. 
          AYE. 
          MR. FINNEY? AYE. 
          MR. SAUK? AYE. 
          MR. GRAHAM? AYE. 
          MS. VICE CHAIR AYE. 
          MOTION TO GRAHAM PASSES FIVE TO ZERO. 
          THANK YOU BOARD. 
          [03:15:02]
ALRIGHT, MOVING ON. 
          I CANNOT BELIEVE YOU SAT THERE ALL DAY, BY THE WAY. 
          UH, IT'S EASIER WHEN YOU GET  OR ALL OF Y'ALL. 
          THANK YOU, BY THE WAY, FOR SITTING HERE ALL DAY . 
          IT'S BEEN A LONG DAY. 
          THIS IS ALMOST LIKE A PLAN COMMISSION HEARING. 
          IT HAS, THIS IS LONG  ONE OF THESE DAYS WE'LL HAVE, JUST HAVE TO MOVE YOU UP TO THE TOP. 
          THAT'D BE DANDY. 
          . 
          NEXT TIME , THERE'S A REWARD. 
          OKAY. 
          UM, SO WE'RE, UH, YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE'LL SWEAR YOU IN. 
          YEAH. 
          UH, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE B IN DALLAS. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. 
          PLEASE PROCEED. 
          THANK YOU. 
          GOOD AFTERNOON. 
          UH, I'LL TRY TO MAKE THIS QUICK 'CAUSE YOU HAVE, UH, YOU'VE BEEN HERE FOR SIX AND A HALF HOURS OR SO. 
          SO, UH, ROB BALDWIN AGAIN, UH, THIS IS 1427 EAST AVENUE. 
          UH, BRIAN DID A GREAT JOB BRIEFING THIS AT, UH, BRIEFING SESSION, SO I WON'T GO OVER ALL OF IT, BUT, UH, LET ME JUST HAVE A QUICK PRESENTATION. 
          NEXT SLIDE PLEASE. 
          SO WE'RE DOWN, UH, OAK CLIFF. 
          WE'RE OVER BY SYLVAN AVENUE IN GREENBRIAR. 
          NEXT SLIDE PLEASE. 
          THIS IS THE PROPERTY AND IT IS A WEIRD PROPERTY. 
          UH, WE'RE IN THE GREEN PART, SO DON'T KNOW HOW IT CAME TO BE LIKE THIS. 
          I WOULD ASSUME, YOU KNOW, BACK WHEN THE, THE, THESE HOUSES WERE BUILT, YOU, YOU KNOW, BOUGHT THE PROPERTY YOU WANTED AND WHETHER IT DIDN'T MATTER IF IT WAS PLOTTED OR NOT, YOU JUST KIND OF BUILT WHAT WAS AVAILABLE AND UM, YOU BUILT ON IT. 
          SO AS MR. THOMPSON SAID, THIS HOUSE, THIS PROPERTY DID HAVE A HOUSE ON IT PREVIOUSLY. 
          AND I'LL SHOW YOU A PHOTO OF THAT. 
          SO INTERESTING. 
          WE'RE A CORNER LOT, WE'RE TRAPEZOIDAL AND, UH, WHERE MOST LOTS ARE 50 BY 150, WE'RE 80 BY A HUNDRED KIND OF ODD. 
          UM, TECHNICALLY IN THE DALLAS DEVELOPMENT CODE, WHEN YOU'RE AT A CORNER LOT, THE NARROWER OF THE FRONTAGES IS YOUR FRONT YARD. 
          IN THIS CASE, THAT WOULD BE GREENBRIAR TO THE NORTH. 
          YOU KNOW, FOR FACING NORTH HISTORICALLY, THE HOUSE HAS ALWAYS FACED EASTES TO THE EAST AND THAT'S WHAT WE'RE PROPOSING TO DO AGAIN TODAY. 
          UM, WHAT'S HAPPENING IS THE HOUSE TO OUR WEST IS TRIGGERING A PROJECTED FRONT YARD SETBACK, A 25 FOOT SETBACK ONTO THIS PROPERTY. 
          SO WE ARE THE ONLY LOT IN THE NEIGHBORHOOD THAT HAS TWO FRONT YARD SETBACKS AND THAT'S CAUSING DIFFICULTY, UH, BEING ABLE TO DEVELOP COMMENSURATE WITH OTHER LOTS IN THE, IN THE NEIGHBORHOOD. 
          NEXT SLIDE PLEASE. 
          THIS IS WHAT THE HOUSE WAS THERE BEFORE. 
          WE'RE ESSENTIALLY PUTTING THE, THE HOUSE BACK AT THE SAME LOCATION. 
          IT'S GONNA BE A LITTLE BIT CLOSER. 
          UH, AT LEAST A PORTION OF IT'S GONNA BE A LITTLE BIT CLOSER TO GREENBRIAR, BUT THE BULK OF THE HOUSE IS GONNA BE BACK WHERE IT USED TO BE. 
          NEXT SLIDE PLEASE. 
          AND SO THE REQUEST IS JUST THE VARIANCE TO THE PROJECTED FRONT YARD ALONG GREENBRIAR DRIVE. 
          NEXT SLIDE PLEASE. 
          THIS IS THE PROPOSED SITE PLAN. 
          UM, IT'S KIND OF HARD TO SEE, BUT THE, THE MAIN PART OF THE HOUSE IS GONNA BE 20 FEET AWAY FROM, UH, GREENBRIAR INSTEAD REQUIRE 25 FEET. 
          BUT WE DO HAVE A GARAGE, A SMALL PORTION OF IT THAT WILL BE JUST ABOUT SEVEN AND A HALF FEET AWAY. 
          NEXT SLIDE PLEASE. 
          AGAIN, BACK TO WHAT IT USED TO LOOK LIKE. 
          THIS IS WHAT, UH, A TYPICAL, YOU KNOW, IF WE ONLY HAD ONE FRONT YARD AND WE WERE FACING A GREEN BAR, THIS IS WHAT THE DEVELOP, THIS IS THE AREA IN THE WHITE THAT WE COULD DEVELOP ON. 
          SO WE'D HAVE A 25 FOOT FRONT YARD, FIVE FOOT SIDE AND REARS. 
          NEXT SLIDE PLEASE. 
          SO THIS IS WHAT WE HAVE IN THIS CASE. 
          WE HAVE A 25 FOOT FRONT YARD ALONG GREENBRIAR 25 FOOT FRONT YARD ALONG EASTES AND, UH, TWO FIVE FOOT SIDE YARD. 
          SO SIGNIFICANTLY LESS DEVELOPABLE AREA, NOT COMMENSURATE WITH OTHER PROPERTIES IN THE R 75 DISTRICT. 
          NEXT SLIDE PLEASE. 
          THIS IS THE PROS ELEVATION SIDE IN THE, IN THE FRONT. 
          NEXT SLIDE PLEASE. 
          THIS AS YOU CAN, THIS SHOWS YOU THAT WE ARE THE ONLY LOT IN THE AREA THAT HAS TWO FRONT YARDS, A PROJECTED FRONT YARD, AND UH, THE, UH, ALL THE OTHER LOTS ARE RECTANGULAR AND FACING STREETS EXCEPT FOR OUR NEIGHBOR, WHICH IS TRIGGERING THE, THE PROJECTED FRONT YARD ONTO US. 
          NEXT SLIDE, PLEASE. 
          UH, THIS IS THE PREVIOUS HOUSE ON THE PROPERTY. 
          THIS IS LOOKING DOWN GREENBRIAR. 
          THE PREVIOUS HOUSE IS ON THE RIGHT. 
          NEXT SLIDE PLEASE. 
          AND THIS IS THAT HOUSE AGAIN. 
          NEXT SLIDE. 
          SO ROB, CAN YOU GO BACK TO THAT SLIDE REAL QUICK? I'M NOT CONTROLLING IT. 
          OH, WELL THANK YOU. 
          YEAH. 
          SO 
          [03:20:01]
THAT GARAGE THAT'S THERE, IS IT STICKING OUT PAST THE HOUSE TO THE WEST? 'CAUSE UH, BEHIND IT IS WEST, RIGHT? YES. 
          YES IT IS. 
          AND OKAY. 
          AND HOW DO YOU KNOW HOW CLOSE THAT IS? ABOUT 10 FEET. 
          IT'S ABOUT 10 FEET. 
          AND HOW CLOSE IS YOUR HOUSE GOING TO BE? UH, THIS HAS ABOUT, THIS ONE HAS ABOUT A 12 FOOT, UH, SETBACK. 
          AND WE'RE GONNA HAVE, UH, THE, THAT SMALL PORTION OF OURS IS GONNA BE ABOUT EIGHT FEET. 
          SO OUR, OUR OUR, WE'VE GOT ABOUT FOUR FOOT DIFFERENCE VERSUS WHAT THIS WAS. 
          YEAH. 
          BUT ONLY FOR THAT SMALL PORTION, BOTH OF THE HOUSE IS GONNA BE 20 FEET BACK. 
          OKAY. 
          UH, NEXT SLIDE PLEASE. 
          AGAIN. 
          UH, GREENBRIAR IS A, A RESIDENTIAL STREET WELL LANDSCAPE. 
          NEXT, NEXT SLIDE PLEASE. 
          OKAY. 
          AND SO, UM, THIS IS JUST, UH, JUSTIFICATION ON HOW WE MEET THE, THE REQUIREMENTS. 
          LET WE GET TO THAT BECAUSE I, I CAN'T READ THAT. 
          UM, WE'RE A CORNER LOT WHICH HAS TWO PROJECTED FRONT YARDS, WHICH IS SOMETHING WE DIDN'T CREATE OURSELVES. 
          SO IT'S NOT SELF-CREATED AND IT'S NOT COMMENSURATE WITH OTHER LOTS IN THE AREA. 
          UM, WE HAVE THE TWO FRONT YARDS, ONE ON GREENBRIAR AND ONE ON EASTES. 
          WE WANNA FACE OUR HOUSE ONTO EASTES LIKE IT HAS BEEN HISTORICALLY. 
          AND BECAUSE THAT'S THE LONGER FRONTAGE AND THAT, THAT'S THE MOST IMPORTANT ONE, WE THINK TO HAVE A CON A CONTINUATION OF A ESTABLISHED FRONT YARD SETBACK. 
          UM, THE PREVIOUS HOUSEHOLD WAS NON-CONFORMING AND ONE OF WAS DEMOLISHED BUT LOST ITS NON-CONFORMING RIGHTS AND WE COULDN'T REBUILD BACK ONTO THE SAME CONFIGURATION BECAUSE THE HOUSE WAS DEMOLISHED. 
          AND THEN WE, SO THAT'S WHY WE'RE HERE WITH YOU TODAY. 
          AND THE NEW HOME IS ESSENTIALLY IN THE SAME LOCATION AS THE OLD HOME. 
          UM, AND, UH, WE HOPE THAT YOU CAN SUPPORT THIS. 
          WE THINK THAT IT'S NOT SELF-CREATED. 
          IT'S, UH, DIFFERENT FROM OTHER HOUSE, OTHER LOTS IN THE AREA. 
          AND WE THINK THAT HAVING OUR HOUSE FRONT ON THE EAST IS, IS, UH, KEEPING IN THE PUBLIC INTEREST BECAUSE THAT, THAT HAS, UH, THE LONGEST FRONTAGE AND THE BEST WAY TO DO IT, I HOPE YOU CAN SUPPORT IT. 
          I'M HERE TO ANSWER ANY QUESTIONS. 
          THANK YOU FOR YOUR TIME. 
          DO THEY NEED THREE GARAGES? 'CAUSE IF YOU GOT RID OF THAT THIRD GARAGE, YOU WOULD BE 20 FEET FROM THE PROPERTY LINE AND IN LINE WITH WHAT EVERYBODY ELSE HAS DONE AND WOULD, BECAUSE IT SOUNDS LIKE THERE'S A LOT OF TRAFFIC ON THIS STREET AND THERE'S A REAL CONCERN ABOUT VISIBILITY AND STUFF LIKE THAT. 
          UH, I DID, I'VE BEEN OUT THERE A FEW TIMES. 
          I'VE NOT NOTICED A LOT OF TRAFFIC. 
          OKAY. 
          THAT'S, THAT DEAD ENDS INTO GREENBRIAR. 
          OKAY. 
          AND IT DOESN'T HAVE A A, I MEAN, GREENBRIER DEAD ENDS INTO SYLVAN AND THERE'S NOT A LIGHT THERE. 
          UH, THE STREET TO THE NORTH DOES HAVE A LIGHT. 
          AND SO MORE, I I WOULD ASSUME MORE TRAFFIC WILL BE ON THAT STREET. 
          UM, I CAN'T SPEAK TO WHETHER THAT THIRD GARAGE IS NECESSARY IN ORDER TO DESIGN THE HOUSE. 
          AND THAT'S WHAT I'VE BEEN ASKED TO SO GET IT WOULD HAVE TO BE, YOU'D HAVE TO HAVE 25 FEET. 
          RIGHT. 
          BUT RIGHT. 
          BUT I MEAN REALLY THE HOUSE IS 20 FEET BACK WITHOUT THAT GARAGE. 
          WITHOUT GARAGE, WHICH THEN YOU'D ONLY NEED A FIVE FOOT VARIANCE. 
          THAT'S RIGHT. 
          UM, HAVE Y'ALL TALKED TO THE NEIGHBORS? I'VE SENT LETTERS TO ALL THE NEIGHBORS AND I'VE SPOKEN TO, UH, THREE OR FOUR THAT HAVE CALLED ME. 
          OKAY. 
          UM, AND I THINK I HAVE ADDRESSED THE QUESTIONS. 
          THE, THE NOTICE OF THE, THE FIVE LETTERS IN OPPOSITION SURPRISED ME. 
          YEAH, THAT'S, I MEAN THEY'RE PRETTY, AND THEY'RE PRETTY DESCRIPTIVE LETTERS. 
          I MEAN THERE, THERE'S A LOT OF CONCERN AND THAT'S WHERE I'M LIKE, IF WE GET RID OF THAT GARAGE, I THINK YOU MIGHT GET RID OF THE OPPOSITION. 
          UM, DO YOU HAVE ANY OTHER SPEAKERS ON THIS? NO, THE SPEAKER'S NOW REGISTER. 
          OKAY. 
          WELL, I, I DEFER TO Y'ALL IF YOU WOULD. 
          YEAH. 
          LIKE ME TO GO SEE IF WE CAN GET RID OF THE GARAGE. 
          I'M HAPPY TO DO THAT. 
          I KNOW MY CLIENT WON'T BE HAPPY. 
          UH, WE'VE BEEN IN THE PROCESS FOR TWO MONTHS ALREADY. 
          YEP. 
          BUT MY JOB IS TO GET THIS APPROVED IF POSSIBLE AND IF THAT WOULD HELP US GET TO IT. 
          YES. 
          I'M HAPPY TO TALK TO HIM ABOUT THAT. 
          CAN WE GO BACK IN ROB'S PRESENTATION TO THE, UM, THE GARAGE, THE, THE, UM, THAT SIDE ELEVATION? SO I CAN SEE THAT UP, UP ONE MORE. 
          I THINK IT IS FORWARD. 
          UH, YOU WERE THERE JUST A SECOND AGO, BRIAN. 
          NO, GOING BACK. 
          YOU NEED TO GO, UH, FURTHER, YOU WANT, YOU WANTED TO SEE THE SITE PLAN? YEAH, I WANTED TO SEE THE, THE ILLUSTRATION OF THE SIDE WHERE THE, IT'S KIND OF HARD TO READ, 
          [03:25:01]
BUT IF YOU, BUT CAN YOU GO TO THE NEXT ONE, THE ILLUSTRATION RIGHT AFTER THIS ONE? I THINK IT IS THERE TWO MORE. 
          THIS ONE AND THAT ONE. 
          THIS ONE? YEAH. 
          SO THE, THE GARAGE, UM, ON THIS ONE IT IS THE, THE GABLE ROOF CLOSES, UH, RIGHT THERE WITH THE, THE BRICK. 
          SO THAT IS, SO IT'S, THAT'S A SINGLE GARAGE THAT'S KIND OF A, AN L IN. 
          RIGHT. 
          THE OTHER ONES ARE STRAIGHT. 
          IT KIND OF CREATES A MOTOR CORD. 
          GOT IT. 
          YEAH. 
          YEAH. 
          AND FRANKLY, YOU KNOW, GIVEN THE AREA AND THE COST OF PHONES, IT'S NOT UNCOMMON TO HAVE THREE CAR GARAGES. 
          YEAH. 
          UM, SO HOW FAR FROM THE STREET IS THE EDGE OF THAT GARAGE? THE EDGE OF THE, THE, THE, THE SINGLE CAR, UH, IT'S TO GREENBRIER, SEVEN AND A HALF TO EIGHT FEET. 
          OKAY. 
          WHICH IS MORE THAN IF THAT WOULD TREAT IT AS A SIDE YARD. 
          LIKE IT, IT WOULD BE EVERYWHERE ELSE. 
          THAT WOULD BE ONLY BE A FIVE FOOT SETBACK. 
          AND DOES THE NEIGHBOR'S, UH, THE ADJACENT NEIGHBOR'S YARD, UM, IS THAT FENCE STILL THERE? YES, IT'S A SOLID WOOD FENCE. 
          AND HOW FAR IS THAT SET BACK FROM THE STREET? IF YOU GO TO THE, I THINK THERE'S A GOOD SHOT OF IT. 
          IT LOOKS TO ME LIKE IT GOES ALL THE WAY TO THE PROPERTY LINE OR VERY CLOSE TO IT. 
          IF YOU SHOW A PICTURE OF THE ORIGINAL HOME ON THE PROPERTY, I THINK IT'LL SHOW NO, IT, IT'S, THERE YOU GO. 
          YEAH. 
          OKAY. 
          SO I'D ASSUME THAT GOES TO THE PROPERTY ROOM, BUT THE GARAGES AND THE EX, THE DRIVEWAY'S GONNA BE KIND OF LIKE WHERE THAT, NOT WHERE THAT DRIVEWAY IS NOW, BUT IT'LL BE FURTHER DOWN WHERE THERE'S LIKE A BREAK IN THE BUSHES RIGHT THERE. 
          THAT, THAT'S RIGHT. 
          OKAY. 
          IT'S GONNA BE MOVED APPROXIMATELY 23 FEET FROM, UH, WHERE THAT DRIVEWAY IS NOW. 
          AND THE, THE OPPOSITIONS TO THE LETTER WAS REALLY TO THE VISIBILITY OF IT. 
          I MEAN, YOU'VE GOT A WOODEN FENCE THERE. 
          I MEAN, IT'S, YEAH. 
          WE'RE NOT VIOLATING ANY OF THE VISIBILITY TRIANGLES. 
          IT'S, THAT'S THE, THE NE THE NEIGHBOR, THE HOUSE YOU SEE THERE IS THE OLD HOUSE THAT WAS DEMOLISHED. 
          I HAVE A QUESTION. 
          YES, SIR. 
          UM, YOU JUST MADE A STATEMENT SAYING THAT THE, THE, I GUESS THE NEW CONSTRUCTION HOME IN THESE NEIGHBORHOODS ARE, UM, YOU'RE FINDING IT MORE COMMON THAT THEY DO HAVE THREE CAR GARAGES. 
          I FIND IT A QUESTION FOR YOU. 
          UM, MY ASSUMPTION WOULD BE HAVING A REAR YARD MAY CARRY MORE VALUE, UM, THAN A THREE CAR GARAGE. 
          AND LOOKING AT THE SITE PLAN HERE, IT LOOKS LIKE THERE, THERE, THERE'S NOT MUCH OF A REAR YARD. 
          WHAT IS, WHAT IS THE, UM, I GUESS YOUR, YOUR CLIENT'S POSITION, I GUESS THEY'VE ALREADY APPROVED THIS PLAN TO, TO HAVE BLACK, I MEAN, CORRECT. 
          UM, CAN YOU SPEAK TO, TO THAT, I GUESS THE, THE SELECTION TO HAVE A THIRD CAR GARAGE OVER MORE OUTDOOR SPACE, WHICH COULD IN FACT BE MORE OF A VALUE? I, WHAT WAS THE INSIGHT THERE? YOU KNOW, IT'S MY UNDERSTANDING THIS IS NOT A SPEC HOUSE THAT, THAT'S BEEN DESIGNED FOR, UH, THE, THE FAMILY THAT WANTS IT. 
          AND, UH, NOT EVERYBODY WANTS A BIG BACKYARD. 
          YOU KNOW, IN THIS CASE YOU HAVE A VERY LARGE FRONT YARD, UH, ALONG EASTES, EVEN THOUGH IT'S WIDE AND DEEP. 
          UM, AND, UH, THERE IS A, A BACKYARD. 
          YOU COULDN'T PUT A POOL BACK THERE, A VERY LARGE POOL, BUT IT COULD BE JUST WHAT THEY WANT. 
          AND THEN A SECOND QUESTION. 
          UH, THIS MIGHT BE MORE FOR STAFF HERE. 
          SO IN THE PRESENTATION THIS MORNING, THE HOUSE ADJACENT HAD A, UM, IT WAS A CANOPY. 
          WOULD A CAN, THIS IS KIND MORE JUST FOR GENERAL, UM, INQUIRY HERE, BUT DOES A CANOPY, DOES THAT COUNT WITHIN OKAY. 
          AS A STRUCTURED OR, YEAH. 
          CANOPIES CANNOT, CANNOT EXTEND INTO A SETBACK. 
          INTO A SETBACK. 
          OKAY. 
          ALRIGHT. 
          THAT'S, NEED A CLARIFICATION ON THAT. 
          THANK YOU. 
          JUST FOR, FOR FUTURE REFERENCE, THE ONLY THING I CAN ENCROACH INTO A SETBACK IS A, A PA A A BALCONY IN A FRONT YARD. 
          NOTHING ELSE CAN, NO OTHER PART OF A, A STRUCTURE IN, UM, MR. BALDWIN? YES. 
          YOU, YOU SAID THAT YOU'D SPOKEN TO SOME OF THE NEIGHBORS THAT ARE OPPOSED. 
          I DIDN'T KNOW THEY WERE OPPOSED. 
          OH. 
          SO WHEN WE DO CASES, WE SEND OUT LETTERS TO EVERYBODY IN A NOTIFICATION AREA AND THEY'LL EITHER CALL OR EMAIL 
          [03:30:01]
ME AND SAY WE HAVE QUESTIONS. 
          I SENT, UH, COPIES OF THE PLANS AND NEVER HEARD BACK FROM 'EM AGAIN. 
          OH, OKAY. 
          ALRIGHT. 
          YEAH, IF I KNEW THEY WERE OPPOSED, I WOULD HAVE DEFINITELY GONE OUT AND TRIED TO MEET WITH THEM IN PERSON. 
          UH, BUT THIS IS THE FIRST I HEARD THAT WE HAD THE FIVE IN ION. 
          OKAY. 
          GOTCHA. 
          SO YOUR CLIENTS HAVEN'T HAD A CHANCE TO SPEAK THESE? NOT TO MY KNOWLEDGE. 
          FUTURE NEIGHBORS EITHER. 
          RIGHT. 
          OKAY. 
          OKAY. 
          , ARE THERE ANY OTHER QUESTIONS? YOU KNOW, I'M, I'M INCLINED TO SUPPORT IT MORE SO IF THERE WAS SOME SUPPORT, IT DOESN'T HAVE TO BE UNANIMOUS, UM, BUT SOME SUPPORT AMONG THE NEIGHBORS WELL, AND JUST KNOWING THAT THEY'VE AT LEAST TAKEN THE OPPORTUNITY TO HAVE A CONVERSATION WITH THEM AND ATTEMPT TO REACH A COMPROMISE OR AN UNDERSTANDING OF WHY THEY'RE WANTING WHAT THEY'RE WANTING. 
          UM, SO YEAH, I THINK, YOU KNOW, THE, THE NEIGHBORHOOD BUY-IN IS CRITICAL TO THIS, SO I'M HAPPY TO, TO CONTACT THE NEIGHBORS THAT HAVE WRITTEN AN OPPOSITION. 
          I JUST NEED TO KNOW WHO THEY ARE. 
          YEAH. 
          OKAY. 
          ANY OTHER QUESTIONS? DO YOU HAVE A MOTION? YES. 
          OKAY. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 1 7 ON APPLICATION OF ROB BALDWIN DENY THE VARIANCE TO THE FRONT YARD SETBACK 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 THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT. 
          GO AHEAD AND SECOND THAT I'M NOT GONNA SUPPORT THIS MOTION. 
          I WOULD LIKE TO GIVE MR. BALDWIN AND THE NEIGHBOR AN OPPORTUNITY TO GO AND TALK TO THESE NEIGHBORS AND POSSIBLY EXPLORE GETTING RID OF THAT THIRD OR ODD AND GIVE THEM TO HOLD OVER. 
          SO I CANNOT SUPPORT DENYING THIS CASE. 
          LIKEWISE, I'D SUPPORT THE, UM, A HOLDOVER, BUT I CAN'T VOTE TO DENY IT WITH OR WITHOUT PREJUDICE. 
          YEAH. 
          I WOULD ALSO SUPPORT THE HOLDOVER. 
          UM, SO WE HAVE A MOTION ON THE FLOOR THAT, AND SO WE NEED ME TO VOTE ON IT AND LET IT FAIL. 
          OKAY. 
          CAN WE HAVE A ROLL CALL VOTE MR. CANNON? AYE. 
          MR. GRAHAM? NO. 
          MR. FEENEY? AYE. 
          MR. OOP, NO. 
          MS. VICE CHAIR? NO. 
          MOTION TO DENY BAILS TWO TO THREE. 
          DO I HAVE ANOTHER MOTION ON THE FLOOR? MR. SAIK? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 1 7 HOLD OVER THIS MATTER UNDER ADVISEMENT UNTIL APRIL, APRIL 15TH, 2025. 
          16TH, 16TH, APRIL 16TH, 2025. 
          I SECOND THAT MOTION. 
          I'LL JUST SAY, ROB, YOU'VE HEARD WHAT OUR CONCERNS ARE? YES, SIR. 
          AND, AND I WILL GO OUT AND MEET WITH THE, THE PEOPLE AND HOPEFULLY BRING BACK GREEN LETTERS INSTEAD OF RED LETTERS. 
          I, I, I, I MEAN, I THINK WE, REMOVING THAT THIRD CAR GARAGE WOULD PROBABLY HELP A LOT IN GETTING THOSE NEIGHBORS ON BOARD WHEN YOU SEE THE LETTERS. 
          YEAH. 
          AND, UH, DR. 
          HOMANS, IF YOU COULD SEND ME A COPY OF THOSE LETTERS, I'D APPRECIATE IT. 
          THANK YOU. 
          ALL RIGHT. 
          THANK YOU. 
          UH, THIS MEETING IS ADJOURNED AT FOUR 30. 
          OH, OH, WAIT A SECOND. 
          OH, WE DIDN'T DO A ROLL CALL VOTE. 
          WE DIDN'T DO A ROLL CALL. 
          VOTE. 
          OH, GOSH. 
          UM, AND SORRY. 
          I KNOW, SORRY. 
          ROLL CALL. 
          VOTE AND VICE CHAIR. 
          MAY I BEFORE WE, UM, I WILL NOT BE SUPPORTING THE MOTION TO, UM, TO HOLD OVER, BUT LET'S, AND I DO YOU HAVE A POINT FOR DISCUSSION AFTER ME? OKAY. 
          SORRY. 
          MR. KENON? NO. 
          MR. GRAHAM. 
          YES. 
          MR. FINNY? AYE. 
          MR. SAUK? YES. 
          MS. VICE-CHAIR? YES. 
          YES. 
          MOTION TO HOLD OVER UNTIL APRIL 16TH PASSES. 
          FOUR. 
          THE ONE, UM, YES. 
          SO MY REASON FOR A VOTING, UM, TO DENY AND THEN NOT TO HOLD OVER, I THINK WITH THE INFORMATION PRESENTED TO US ESPECIALLY IS FOR PLAN. 
          YES, THERE IS THE COMMUNITY OUTREACH, WHICH I STRONGLY SUPPORT TOO, BUT JUST THE LOOK OF, NOT THE LOOK, BUT JUST ASSESSING THE FLOOR PLANS 
          [03:35:01]
THAT'S BEEN SUBMITTED TO US. 
          UM, I DON'T BELIEVE THAT THE BARS HAVE BEEN MET. 
          UM, I'LL GO ONE BY ONE. 
          NOT CONTRARY TO PUBLIC INTEREST. 
          I MEAN, WE HAD A VERY DETAILED OUTPOURING FROM NEIGHBORS IN OPPOSITION TO THIS. 
          UM, LOT IS RESTRICTIVE AND A BIT IRREGULAR SHAPE. 
          I, ALTHOUGH YOU'RE SAYING, OH, IT'S, IT'S A TRAPEZOIDAL UNDERSTAND THAT. 
          BUT LOOKING AT THE FLOOR PLAN, I MEAN, THERE CAN BE SOME EFFICIENCIES BY THE DESIGN TEAM TO MAKE THIS. 
          AND MORE SPECIFICALLY, UM, IT LOOKS LIKE THERE IS SOME WASTED SPACE. 
          I GET THAT THIS IS A LARGER HOME. 
          BUT, UM, JUST BY GIVING THE PARAMETERS OF THE SITE, I DON'T BELIEVE THAT A FULL ON 20 OR 17 FOOT, SIX INCH VARIANCE IS NEEDED. 
          UM, DO BELIEVE THAT THERE IS SOME VARIANCE NEEDED. 
          BUT THAT IS, UH, THAT'S A LOT TO ASK FOR THIS, UM, FOR THIS SITE. 
          AND THEN THE THIRD BAR BEING THE, UM, NOT CREATED OR NOT SELF-CREATED, UM, PERSONAL HARDSHIP, I THINK BY THE FACT, OH, WE NEED A THIRD CAR GARAGE. 
          THAT'S, THAT'S PRETTY SELF-INFLICTED. 
          UM, DOES ANYONE NEED A THIRD CAR GARAGE? I DON'T BELIEVE SO. 
          UM, BUT THOSE ARE MY REASONS FOR THE, UM, OPPOSITION TO THIS. 
          BUT SINCE YOU HAVE THE HOLDOVER, UM, I WANTED TO GO ON RECORD AND MAKE THOSE POINTS KNOWN. 
          SO HOME DESIGN, UH, OUTREACH TO THE NEIGHBORS AND WE'LL SEE YOU IN APRIL. 
          THANK YOU. 
          BUT NOW THE MEETING IS CONVERT CONVENED AT 4 38 ADJOURNED. 
          NOT CONVENED, ADJOURNED, NOT 4 39, BUT IT'S ADJOURNED.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.