This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
End of dialog window.
[00:00:01]
AND WELCOME TO THE BOARD OF ADJUSTMENT.I AM DAVID NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF ITS PANEL A TODAY.
TODAY IS TUESDAY, MARCH 18TH, 2025, WITH A TIME OF 1:00 PM I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM WHICH IS DEFINED AS A MINIMUM OF FOUR OR FIVE OF FIVE OF OUR PANEL MEMBERS IS PRESENT.
AND THEREFORE WE CAN PROCEED WITH THE MEETING.
PLEASE ALLOW ME TO INTRODUCE THE MEMBERS TO, UM, AGAIN, MY NAME AGAIN IS DAVID NEWMAN, AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT.
TO MY IMMEDIATE LEFT IS ANDREW FINNEY, A MEMBER, UH, DR.
EMMANUEL GLOVER, JAY NARY, AND MICHAEL OVITZ.
UH, TO MY IMMEDIATE RIGHT, OUR BOARD ATTORNEY, UH, WENT UPSTAIRS TO GRAB SOMETHING AND I'LL REINTRODUCE HIM IN A MINUTE.
UM, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, OH, THERE HE IS.
SO WE HAVE MATT SAP, WHO'S OUR ACTING BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY.
KAMIKA MILLER HOSKINS, WHO'S OUR BOARD ADMINISTRATOR, CHIEF PLANNER, AND THEN MARY WILLIAMS, WHO'S OUR BOARD SECRETARY AND MEETING MODERATOR.
THE FOLKS TO MY RIGHT ARE ALL OFFICERS OF THE BOARD, BUT NON-VOTING MEMBERS, MYSELF AND THE MEMBERS TO THE LEFT ARE ALL VOTING MEMBERS.
IT REQUIRES FOUR AFFIRMATIVE VOTES TO APPROVE ANYTHING, NOT THREE OF TWO, THREE OF FIVE, BUT FOUR OF FIVE.
I WANNA RE REITERATE THAT THAT'S CONSISTENT WITH THE CODE OF DEVELOPMENT CODE.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY WE CONDUCT THIS.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR OUR TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE.
NO ACTION OR DECISION SETS ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED ON ITS OWN MERIT AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE ILLEGAL USE.
WE'VE BEEN FULLY BRIEFED BY OUR STAFF THIS MORNING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET THAT WAS POSTED ON OUR WEBSITE SEVEN DAYS PRIOR TODAY TO TODAY'S PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY, MS. MARY WILLIAMS. RAISE YOUR HAND AGAIN.
THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD.
FOR EACH CASE APPROVALS OF A VARIANCE SPECIAL EXCEPTION, A REVERSAL OF BUILDING OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FIVE MEMBER PANEL.
ALL THE MOTIONS ARE REQUIRE SIMPLE MAJORITY VOTE LETTERS OF, UH, OF TODAY'S BOARD ACTION WILL BE MAILED TO THE, UM, 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 THE SPECIFIC CASE IS CALLED, YOU'LL HAVE FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED.
ALL COMMENTS ARE TO BE DIRECTED TO MYSELF AS THE PRESIDING OFFICER.
UM, AND I WILL BE ABLE TO MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
OKAY, THAT'S THE BEGINNING STUFF.
UH, BOARD MEMBERS, I'M GONNA PREVIEW OUR AGENDA, UM, IN A MINUTE.
WE'RE GONNA DO, UM, THIS MORNING WE HAD OUR BRIEFING.
UH, IN A MINUTE WE'RE GONNA DO PUBLIC TESTIMONY.
WE'RE GONNA REVIEW AND APPROVE OUR MEETING MINUTES.
ALL SIX CASES ARE GONNA BE PART OF THE INDIVIDUAL DOCUMENT DOCU, UH, DOCKET WITH A PUBLIC HEARING.
ANY QUESTIONS? AND WE'RE GONNA HEAR THE CASES IN THE ORDER THAT THEY LAID ON THE AGENDA.
ALRIGHT, MS. BOARD SECRETARY, UH, I'M GONNA RE REMIND EVERYONE IN THE CHAMBER THAT IF YOU WISH TO, TO, UH, SPEAK EITHER DURING PUBLIC TESTIMONY OR ON A SPECIFIC CASE, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER.
PLEASE MAKE SURE YOU FILL OUT A BLUE SHEET OF PAPER.
MY AGENDA IS PUBLIC TESTIMONY.
MS. BOARD SECRETARY, DO WE HAVE ANY PUBLIC TESTIMONY SIGNED UP? NO REGISTERED SPEAKERS, SIR.
ALRIGHT, NEXT ITEM ON OUR AGENDA IS THE REVIEW AND APPROVAL OF OUR MEETING MINUTES FROM FEBRUARY 18TH.
THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HOPKOS, MR. CHAIRMAN, I MOVE.
WE ACCEPT UNANIMOUSLY THE MINUTES FROM THE LAST MEETING, MR. HOPKOS HAS MOVED APPROVAL OF OUR FEBRUARY 18TH MEETING MINUTES AS PRESENTED.
[00:05:01]
FAVOR, PLEASE SAY AYE.THOSE OPPOSED MEETING MINUTES ARE APPROVED.
DO WE HAVE LANGUAGE YET? WILL, WE WILL MOMENTARILY.
NEXT ITEM ON THE AGENDA IS, UH, 2 4 5 0 3 1 2 4 5 0 3 1.
THIS IS AT 9 4 1 1 REDONDO DRIVE.
IS THE APPLICANT HERE? YES, SIR.
YOU NEED TO PUT YOUR, THE MIC TO TURN IT ON.
NOW A LITTLE BIT CLOSER TO THE MICROPHONE.
ALRIGHT SIR, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
UH, STUART THREAD GOLD 508 UH, BUSH AVENUE WAXAHATCHEE 7 5 1 6 5.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
UH, THE ONE IS ONE SECOND BEFORE YOU START.
UM, BOARD MEMBERS, I'M PUTTING IN THE YELLOW FOLDER AGAIN, THE PUBLIC COMMENT THAT WE RECEIVED ON 2 4 5 0 3 1, I'M PASSING THAT DOWN.
NOW YOU MAY PROCEED AND YOU, THE, OUR RULES SAY YOU GET FIVE MINUTES AND ANYONE ELSE THAT WANTS TO SPEAK IN FAVOR CAN SPEAK FIVE MINUTES.
ANYONE OPPOSITION, FIVE MINUTES, THEN YOU'RE ALLOWED A FIVE MINUTE REBUTTAL.
SO, BUT I'LL GIVE THEM, GIVE OR TAKE TIME 'CAUSE I WANT YOU TO HAVE E YOU AND EACH MEMBER, UH, ANY APPLICANT TO BE ABLE TO HAVE AN OPPORTUNITY TO PRESENT WHATEVER YOU WANT TO REASON REASONABLY PRESENT.
UM, JUST ON THAT LAST ISSUE THAT YOU BROUGHT UP, UM, BOARD CHAIRMAN WAS THE, UH, OPPOSITION LETTER, WHICH WAS, I'M NOT SURE WHEN IT WAS RECEIVED, BUT THAT SAME PERSON, LAURA EDGEMONT, ACTUALLY SIGNED A LETTER OF SUPPORT, WHICH I SUBMITTED TO THE WE HAVE THAT.
THAT'S OBVIOUSLY INTERESTING 'CAUSE OBVIOUSLY I, I SUBMITTED PRIOR TO THE DEADLINE OF 5:00 PM YESTERDAY.
SO IT, UH, IS A BIT OF A QUANDARY.
UM, THE NEXT MATTER THAT YOU WERE DISCUSSING DURING THE BRIEFING, UM, MEETING WAS THE SIZE OF THE MAIN HOUSE, WHICH IS 3,188 SQUARE FOOT.
UM, WHICH IS WHAT I MEASURED USING DRAWING SOFTWARE, THE ADDITIONAL AREAS OF, UM, THE UNDERCOVER AREA OF THE REAR ALFRESCO AND THE FRONT PORCH WOULD BE ADDITIONAL TO THAT SQUARE FOOTAGE.
SO I BELIEVE THAT WE ARE WITHIN THE 25%, UM, LIMIT OF THE MAIN HOUSE FOR THE A DU.
UM, I WAS CONTACTED BY THE OWNERS, EDGAR VIDAL, DAVID ROZI, AND GUADALUPE VIDAL TO DO A REMODEL FOR THE A DU, UM, BECAUSE THEY PURCHASED THE SITE THROUGH KEVIN HUNTER REALTY, UH, USING A TREK CONTRACT, BELIEVING THERE WAS AN ACTUAL A DU ON SITE.
MY CANVASSING OF ALL THE ADJOINING OWNERS TELL ME THAT THAT BUILDING HAS ACTUALLY BEEN IN EXISTENCE SINCE THE MID EIGHTIES OR THEREABOUTS.
NO ONE ACTUALLY HAS A SPECIFIC DATE 'CAUSE MOST OF THE NEW OWNERS HAVE ONLY EVER SEEN THAT PROPERTY WITH AN A DU OUT THE REAR.
UM, OBVIOUSLY THE DALLAS, THE CITY'S, UH, BRIEFING OFFICER, THE PLANNER WAS DESCRIBING IT AS A, UM, GARAGE WORKSHOP.
NOW, I, I, UM, MY UNDERSTANDING WAS THAT IT WAS AN A DU, UH, BASED ON THE TREK CONTRACT THAT THE OWNERS, UH, USED FOR THE SITE.
SO UNFORTUNATELY, KEVIN HUNTER FROM KEVIN HUNTER REALTY ISN'T AVAILABLE TO TESTIFY TO THE BOARD, BUT I'M RELAYING MY UNDERSTANDING OF THE PROJECT SCOPE THAT I WAS GIVEN BY THE THREE OWNERS.
THAT'S PROBABLY THE EXTENT OF EVERYTHING I WANTED TO SAY WAS JUST TO CLARIFY SOME OF THE, UH, CONTRADICTIONS OR THE DISCREPANCIES WITHIN THE BRIEFING MINUTES TO THE BOARD.
UM, MS. WILLIAMS, DO WE HAVE ANY OTHER REGISTERED SPEAKERS ON THIS CASE? MS. UH, ONE MORE SPEAKER IN FAVOR OR AGAINST? IN FAVOR.
SO, UM, WE'LL HAVE THE OTHER SPEAKER COME SPEAK AND THEN I HAVE SOME QUESTIONS FOR YOU.
PLEASE COME FORWARD MR. EDGAR VIDAL.
GIVE YOU, GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
[00:10:01]
TURN ON THE ONE ONE BUTTON PUSH.MY NAME IS EDGAR VIDAL AND I LIVE ON 94 11 REDONDO DRIVE, CITY OF DALLAS, 7 5 2 2.
YOU LIVE WHERE, PLEASE? 94 11.
ARE YOU THE HOMEOWNER? YES, I'M THE HOMEOWNER.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? WELL, UM, WHEN WE, WHEN WE DECIDE TO BUY THE HOUSE? NO, THAT WAS A QUESTION.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
I DIDN'T HEAR YOU SAY I, I'M GONNA SAY THE TRUTH.
UM, WHEN WE SAW THE HOUSE, WE FELL IN LOVE WITH THE HOUSE.
UH, WE WERE SO HAPPY TO, TO LIVE IN THAT AREA.
UM, WE CAME INTO THE HOUSE AND, AND, UM, I TOLD MY WIFE, OH, IT'S A NICE HOUSE.
UM, AND WHEN WE START READING, UH, ALL THE SPECS ON THE HOUSE, WE SAW A, A, A GUEST, A GUEST HOUSE IN THE BACK OR A TU.
AND, UM, AND I SAID, WELL, THE, OUR BABIES CAN LIVE OVER THERE.
THAT'S WHY WE DECIDE TO BUY THE HOUSE.
AND, UH, AND NOW WE, IT'S A LITTLE BIT OF, UH, WE HAVE ALL THIS AND I THINK WHAT IS GONNA BE EASY, BUT I THINK IT'S, IT'S GETTING A LITTLE BIT, UH, HARD.
BUT WHEN, WHEN WE, WE, WHEN WE DECIDE, LIKE I SAID, WHEN WE DECIDE TO BUY THE HOUSE, IT'S, IT IS BECAUSE WE, WE, WE SAW A GUEST HOUSE ON THE, ON THE, UM, ADVERTISE OR ON THE, ON THE WEBSITE WE SAW IT SAYS, SAYS, UH, GUEST HOUSE.
I HAVE A QUESTION FOR YOU, SIR.
I, OKAY, SO YOU'RE THE ARCHITECT FOR THE PROJECT, MR. GRO THREAD GOLD.
UM, IN THE, WHAT WE WERE PRESENTED, IT SHOWED THAT THE EXISTING SCORE FOOTAGE OF THE HOUSE WAS 2123.
SO THIS, AND YOU'RE PUTTING IN A, WANTING AN A DU OF 796.
SO I TAKE 2123 PLUS THE 65 FOOT PORCH.
AND, UM, I'M GONNA DO IT AGAIN HERE AND THEN I WANT YOU TO CORRECT ME, HOPEFULLY OR NOT.
THE SHEET THIS MORNING SAID 31 88.
BUT IF I TAKE 7 96 DIVIDED BY 2188, I GET 36%.
SO TELL ME, CLARIFY WHAT SQUARE FOOTAGE WE'RE TALKING ABOUT.
UH, THE SHADERS AREAS ON THE MAIN RESIDENCE ARE ADDITIONAL BUILDING WORK, UM, TO THE RESIDENCE, WHICH TAKES IT UP TO 3,188.
THAT EXCLUDES THE FRONT PORCH OF 65 SQUARE FOOT AND THE REAR ALFRESCO, WHICH I THINK IS AROUND SIX 50 SQUARE FOOT.
UM, THOSE AREAS, UM, HAVEN'T EVEN BEEN INCLUDED IN THE 3 1 8 8.
THIS, WHEN THIS, WHEN THIS WAS SUBMITTED TO THE CITY, UH, BACK IN MID-SEPTEMBER, UM, THE CITY OFFICERS DE SUGGESTED THAT THERE WERE TWO APPLICATIONS.
ONE FOR THE MAIN RESIDENCE, UM, AND ALSO FOR THE A DU.
THE A DU WAS A SUBSEQUENT, UM, APPLICATION, UH, SECONDARY, I SHOULD SAY IN, IN TI IN CHRONO CHRONOLOGY.
THE, I WOULD ALSO LIKE TO STATE FOR THE RECORD THAT THE CITY OF DALLAS HAS ACTUALLY ALREADY ISSUED A BUILDING PERMIT FOR THE MAIN RESIDENCE.
SO THAT RESIDENCE THAT YOU SEE, UM, WITH THE SHADED AREA IS THE APPROVED SIZE OF THE DWELLING AT 3 1 8.
UM, I'M CONFUSED AS TO, UM, WHAT'S BEFORE US TODAY IS A REQUEST TO ADD AN, A ADDITIONAL DWELLING UNIT.
AND OUR CRITERIA IS THAT IT CANNOT BE USED FOR RENTAL COMBINATIONS AND IT CANNOT BE ADVERSELY AFFECTING NEIGHBORING PROPERTIES.
SO WHAT SQUARE FOOTAGE ARE WE DOING TO COMPARE OF WHAT IS IS ON OR WHAT IS ANTICIPATING? 'CAUSE I WOULD THINK IT IS WHAT IS AS OPPOSED TO WHAT IS ANTICIPATED.
SO IT IS MY UNDERSTANDING CLOSER TO THE MICROPHONE, PLEASE.
IT'S MY UNDERSTANDING, WHEN THEY FIRST SUBMITTED THE BOARD
[00:15:01]
APPLICATION, IT WAS THE SQUARE FOOT, THE EXISTING HOME WAS THE 21, 23.I'M ASSUMING THEY LATER GOT APPROVED OR SUBMITTED FOR AN ADDITION TO THE HOME, WHICH WAS AN ADDITIONAL THOUSAND AND 1065, UH, 1065 SQUARE FOOT EDITION, WHICH GOT US TO THAT 31 88.
SO, UM, LIKE I SAID, EVEN WITH THE RECALCULATIONS WITH THE ADDENDUM THAT, UM, WAS RECENTLY SUBMITTED MAYBE TWO WEEKS AGO, UM, THEY'RE STILL UNDER THE THRESHOLD.
IT BRINGS IT DOWN TO LESS THAN 25%
IS THAT CORRECT? SO I GUESS MY QUESTION IS, AND I DON'T KNOW IF THIS IS A QUESTION FOR STAFF OR ATTORNEY, THE THRESHOLD OF NO MORE THAN 25% OF THE MAIN RESIDENTS IS FOR WHAT THE, IS EXISTING NOT, IS WHAT IS PROPOSED, CORRECT.
I'VE NEVER HEARD A SITUATION WHERE THAT COMPARISON OF SQUARE FOOTAGE IS FOR WHAT'S ANTICIPATED.
'CAUSE WHAT'S ANTICIPATED IT HASN'T BEEN BUILT YET.
SO THIS, THEIR PLANS ARE CURRENTLY IN REVIEW.
SO HOW COULD WE ACT, HOW COULD WE CONSENT TO THIS WHEN IT'S AGAINST THE 2188, THE 7 96, THE 21, 21, 31 88 ISN'T IN EXISTENCE YET AND IT HASN'T, SO I'M, I'M CONFUSED.
THE ADDITION, GIMME ONE SECOND TO GET MORE INFORMATION ON THAT ADDENDUM.
UH, MR. CHAIRMAN, I THINK ONE SECOND.
YOUR APPLICATION WAS RECEIVED BY THE STAFF ON JANUARY 16TH.
SO WE'RE NOT TALKING ABOUT LAST YEAR.
WE'RE TALKING ABOUT JANUARY 16TH IS WHAT I'M LOOKING HERE.
TWO, IT SAYS IT RECEIVED, RECEIVED BY THE STAFF.
SO, UM, THE FIRST HURDLE THAT I, I NEED TO GET PAST IS WHETHER THIS OTHER, MORE THAN 25% OF THE MAIN RESIDENCE IS TRIGGERED OR NOT.
MS. DIANA, IS THIS NOT WORKING? WELL PICK UP, FIND A MIC THAT WORKS.
UM, NO, THAT IS NOT APPLICABLE TO THIS, UM, THIS APPLICATION THEY MADE BECAUSE THEY'RE NOT EXCEEDING THE 25%, BUT IT'S 2188.
NO, THEY HAVE A PERMIT THAT THERE WAS AN ADDITION THAT WAS APPROVED.
SO THAT APPLICATION WAS APPROVED AND IT DOES NOT EXCEED THE 25% ALLOW.
SO THE, THEIR APPLICATION OF CHANGING THE MAIN HOUSE TO 31 88 WAS APPROVED.
THAT ADDITION WAS APPROVED THE ADDITION, SO MM-HMM
SO IT'S 796 OF WHAT THEY'RE ASKING FOR INTO THE 31 88, EVEN THOUGH THEY HAVEN'T BUILT THE 31 88 YET.
BUT IT WAS, IT, IT HAS BEEN, IT'S BEEN APPROVED.
MAYBE IT HASN'T BEEN BUILT, BUT IT'S BEEN APPROVED.
SO IF THEY DON'T END UP BUILDING IT YEP.
THEN THEY'D BE EXCEEDING AND THEY WOULD HAVE TO COME BACK TO THE BOARD.
FOR NOW, THOSE ARE THE PLANS, BUT NO ONE WOULD EVER, BUT NO ONE WOULD EVER KNOW.
WELL, THEY WOULD HAVE TO GET A PERMIT IF THEY DIDN'T PLEAD THE FIRST ONE BECAUSE THEY HAVE TO GET AN INSPECTION.
SO THE INSPECTOR WOULD OBVIOUSLY SEE IF THERE WAS ANY ADDITION OR NOT.
IT SEEMS LIKE IT'S A LOOPHOLE, BUT, OKAY.
UM, YOU, YOU TESTIFIED THAT THE A DU OR IN THE GARAGE WAS EXISTING, IT'S BEEN ON SITE FOR 40 YEARS, SIR, THE GARAGE OR THE A DU, WHEN THE O THE ONLY, THE ONLY PAPERWORK OR CONTRACTS THAT'S ADMISSIBLE IN THIS FORUM IS THE TREK DOCUMENTS THAT THE, THE OWNER SIGNED.
IT WAS ALL UNDER THE BELIEF THAT THAT WAS AN A DUI.
I'VE SIMPLY DRAWN UP WHAT'S ON SITE TO ASK FOR A, THIS ONLY CAME TO LIGHT ONCE THE BUILDING PERMIT HAD BEEN SUBMITTED MID-SEPTEMBER THAT THE CITY HAD NO RECORDS OF A BUILDING ON SITE.
SO WE'RE TALKING ABOUT, YOU MEAN THE GARAGE, BUT IT'S NOT A GARAGE.
THE BUILDING, AS I UNDERSTAND IT, FROM WHAT WAS REPRESENTED TO THE OWNERS AND WHAT WAS SITE SIGNED THROUGH THE TREK CONTRACT WAS THAT IT WAS AN A DU.
SO THAT WAS THE UNDERSTANDING THAT WHEN I WAS BROUGHT INTO THE PROJECT TO DRAW UP THE A DU, NOW I'VE ONLY LEARNED THIS MORNING THAT THE CITY IS DESCRIBING THE BUILDING AS A GARAGE, A GARAGE, AND A WORKSHOP.
TO QUOTE, IN SHORT, THIS IS THE STAFF REPORT.
IN SHORT, THE APPLICANT HAS PROPOSED
[00:20:01]
AND CONVERT THEIR EXISTING GARAGE INTO AN ADDITIONAL DWELLING UNIT.AND THAT'S EXACTLY WHY I BROUGHT EDGAR VIDAL HERE THIS AFTERNOON AT VERY LATE NOTICE BECAUSE HE, HIS WIFE AND DAVID OZZI, WHO IS A LAWYER, HAVE ALL PURCHASED THIS PROPERTY WITH THE UNDERSTANDING THAT THEY BOUGHT A MAIN RESIDENCE WITH AN A DU OUT THE BACK.
THAT'S, THAT'S WHAT MY TASK WAS.
SO YOU'VE MADE ME FURTHER CONFUSED, BUT SEVERAL OTHER PEOPLE HAVE QUESTIONS, MR. KOVI THAN DR.
SO
MY, MY QUESTION IS ACTUALLY FOR YOU AND, AND FOR THE, UH, THE OTHER GENTLEMAN WHO RESIDES IN THE HOME.
SO PRIOR TO ACQUIRING THIS HOME, NO ONE WENT INTO THIS PLACE AND SAW THAT IT WAS EITHER IT'S A GARAGE OR IT'S A, A DWELLING UNIT.
WELL, I WASN'T ON THE JOB AT THAT POINT.
OBVIOUSLY I WAS BROUGHT IN LATER, BUT THE OWNERS DID INSPECT THE SITE.
THEY WERE, THEY WERE LIVING IN CALIFORNIA AT THE TIME, BUT THEY, I BELIEVE THEY ALL INSPECTED WITH, UM, KEVIN HUNTER, WHO'S THE REALTOR.
BUT HE ASKED YOU A QUESTION, DID SOMEONE GO ONSITE? AND I, I COULDN'T, I'D BE, IT'D JUST BE HEARSAY EVIDENCE IF I ANSWERED THAT QUESTION.
IS IT ON? I LOST MY CONNECTION FOR A MINUTE.
SO BEFORE PURCHASING THE PROPERTY, DID YOU GO TO THE PROPERTY AND, AND LOOK INSIDE? WHEN WE, WHEN WE BOUGHT THE PROPERTY, WHEN, WHEN WE WAS LOOKING FOR A PROPERTY, WE WALK AROUND THE, THE, THE PROPERTY AND WE WENT INTO THE, INTO THE HOUSE.
AND THEN, UM, WE GO OUTSIDE AND THEN, UH, WE JUST WALK AROUND.
WE SAW THE GARAGE AND WE SAW THE, THE, THE, THE GUEST HOUSE NEXT TO THE, WELL, IT'S, IT'S, IT'S ONE BUILDING.
IT'S JUST ONLY ONE BUILDING THE GARAGE AND THE, AND THE A DU.
BUT YOU DIDN'T GO INSIDE, UH, THAT DAY? THEY DIDN'T LET US GO INSIDE BECAUSE THE PREVIOUS OWNER HAS HIS OWN PRIVATE, UH, STAFF INSIDE.
HE SAID, YOU, YOU CANNOT GO IN, IN.
SO BASICALLY THE, THE, AND I GUESS EITHER ONE OF YOU COULD ANSWER THIS, THE, THE UNDERSTANDING OF WHAT THIS BUILDING WAS AT THE TIME WAS REPRESENTED BY A REALTOR.
IS THAT CORRECT? THE RE THE ONLY THING THAT SAYS THIS WAS AN ADDITIONAL DWELLING UNIT ALREADY IN EXISTENCE WAS SOMETHING FROM THE REALTOR SAYING THAT PERHAPS MR. UM, THREAD, THREAD GOLD MIGHT KNOW.
I DON'T HAVE THE ORIGINAL BROCHURES THAT HAVE BEEN, UM, ISSUED BY EXP REALTY, BUT CERTAINLY I KNOW THE GENTLEMAN CONCERNED KEVIN HUNTER.
UM, AND SOME OF THE INFORMATION ON ZILLOW INDICATE A DU, THE, I, I GUESS THIS QUESTION I THINK IS MORE FIT FOR STAFF GIVEN THAT THE CITY WASN'T EVEN AWARE THAT THIS BUILDING EXISTED AND IT'S BEEN ON SITE FOR 40 YEARS AND IT ONLY CAME TO THEIR ATTENTION AFTER I DREW UP PLANS AND SUBMITTED IT FOR APPROVAL.
WELL, I MEAN, AT THIS, AT THIS POINT IN TIME, WITH ALL DUE RESPECT, I MEAN, I GUESS, UH, WE KNOW THERE IS A SECOND BUILDING THERE.
UM, PERHAPS THE, PERHAPS THE, YOU'RE SAYING THE CITY, THE CITY'S UNDERSTANDING WAS THAT WAS SOLELY A GARAGE OR THAT THE, OR THAT THERE WAS NO, NO, THEY DID NOT KNOW ABOUT THE EXISTENCE OF THAT STRUCTURE AT ALL.
YEAH, THEY HAD NO IDEA IT EXISTED.
THE CITY HAD NO IDEA THE BUILDING WAS ON SITE.
EVEN THE GARAGE PART? NO, BECAUSE, UM, I GOT A PHONE CALL OUT OF THE BLUE FROM A GENTLEMAN CALLED LORENZO VILLA, AND HE WAS TELLING ME THAT I HAD TO GO TO THE BOARD OF ADJUSTMENT BECAUSE THE CITY WAS UNAWARE THAT THE BUILDING EXISTED.
BUT ALL THE NEIGHBORS CAN VERIFY THAT IT'S BEEN THERE SINCE THE MID EIGHTIES.
SO I'LL ASK A QUESTION TO STAFF THEN.
UM, WHAT DOES THE CITY, WHAT DOES THE CITY PROPERTY TAX ROLE SHOW IS ON THAT PROPERTY? SO THAT QUESTION GOES TO OUR BOARD ADMINISTRATOR FIRST, AND THEN YOU CAN DETERMINE WHO YOU WANT TO RESPOND.
I'M HAVING ISSUES WITH THAT BUTTON TODAY.
UM, SO I CAN'T, I I DON'T HAVE THAT INFORMATION ABOUT WHAT DCA IS SHOWING.
UM, I BELIEVE MS. MILLER'S GONNA PULL THAT UP, BUT, UM, AND I CAN'T SPEAK FOR WHAT WAS, WHAT RESEARCH WAS DONE DURING PERMITTING, BUT I CAN SAY THAT WHEN WE LOOKED AT IT, WE DID FIND PERMITS THAT HAD THAT BUILDING THAT WAS EXISTING, BUT IT WAS LABELED AS
[00:25:01]
A GARAGE.SO THERE'S NO, THERE'S NO, UH, PLANS THAT SPECIFY IF THAT WAS AN A DU, IT JUST SAYS GARAGE.
SO THAT BUILDING HAS BEEN THERE FOR MANY YEARS.
WAIT, I'VE GOT MR. KOVI, THEN DR. GLOVER, THEN MR. FINNEY.
SO IF I UNDERSTAND CORRECTLY, AS FAR AS THE CITY TAX ROLLS, WERE CONCERNED, THERE IS A HOUSE AND THERE IS A GARAGE, A SEPARATE GARAGE ON THAT PROPERTY.
THAT'S WHAT'S ON THE TAX ROLLS.
WE'RE LOOKING IT UP RIGHT NOW, I BELIEVE SO I'M JUST GOING OFF OF MEMORY.
UM, YES, AND IT SAYS DETACHED GARAGE AND DETACHED QUARTERS ALSO.
BUT WE DON'T GO OFF OF DCA WHEN WE HAVE, WE, WE LOOK OFF THE, WHAT PLANS WERE APPROVED.
THANK YOU, MR. HAP, DR. GLOVER.
SO AS AN APPLICANT, THE ONUS REST ON YOU TO BE ABLE TO MAKE A STRONG CASE FOR YOURSELF.
DO YOU HAVE AT LEAST A PICTURE OF WHAT EXISTED BEFORE TO CONVINCE THE BOARD ON, UH, WHICH POSITION TO GO? I'VE GOT A 55 PAGE REPORT FROM A LICENSED BUILDING INSPECTOR REGISTERED BY TREK, WHICH HAPPENED WELL BEFORE MY INVOLVEMENT IN THE PROJECT.
IT'S DATED THE 15TH OF JULY, 2024.
SO I GUESS THE, I, I CAN CANVAS AND GET AFFIDAVITS OUT OF EVERY SINGLE OWNER AND THEY'LL ALL TELL YOU THAT IT'S BEEN THERE SINCE THE 1980S.
IF THAT'S WHAT'S REQUIRED, THEN I'M HAPPY TO DO THAT.
UM, I'M JUST, I I'VE NEVER SEEN THE CITY OF DALLAS'S RECORDS.
WE CAN DO FOIS, BUT IT'S OBVIOUSLY A VERY LONG-WINDED PROCESS.
I'M HERE SWORN ON OATH AND I'M TELLING YOU THE TRUTH.
I DUNNO WHAT MORE I CAN PROVIDE YOU IN TERMS OF EMPIRICAL EVIDENCE THAT THE BUILDING'S BEEN THERE FOR 40 PLUS YEARS.
UM, MY QUESTION TO YOU IS, DO YOU HAVE A PICTURE OF WHAT EXISTED BEFORE A PICTURE? A PICTURE? OKAY.
I, I DO HAVE THIS INSPECTION REPORT THAT WAS COMMISSIONED BY THE OWNERS, MR. DAVID AZI, EDGAR VIDAL AND HIS WIFE.
UM, BUT I DON'T HAVE SIX COPIES AND I, I BELIEVE IT WAS SUPPOSED TO BE, UH, SUBMITTED, UM, CLOSE OF BUSINESS YESTERDAY.
UM, I ONLY BECAME AWARE THAT THE CITY WAS DESCRIBING THIS AS A GARAGE AND A WORKSHOP THIS MORNING AT 10:30 AM SO FOR CLARITY, AND I'LL COME BACK TO YOU, DR. GLOVER, 'CAUSE YOU HAVE THE FLOOR STILL.
WHAT'S BEFORE SERVICE IS A REQUEST FOR, UH, A SPECIAL EXCEPTION.
A SINGLE FAMILY USED ZONING TO ALLOW FOR A DWELLING UNIT, ADDITIONAL DWELLING UNIT NOT FOR RENT.
AND OUR CRITERIA IS, ONE, IT CANNOT BE USED FOR RENTAL COMBINATIONS.
AND THE SECOND CRITERIA IS IT WILL, UH, IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
SO THAT IS WHAT WE NEED TO ZERO IN ON.
THIS OTHER STUFF THAT'S GOING ON CLOUDS THE ISSUE.
IT'S NOT CENTRAL TO THE ISSUE, BUT IT CLOUDS THE ISSUE OF ARE WE BEING TOLD EVERYTHING ABOUT WHAT IS, WAS AND WILL BE OKAY? MM-HMM
I'VE GOT MR. FINNEY THEN MR. KOVICH.
MR. FINNEY, UM, MR. THAL, UM, SO CAN, CAN YOU CONFIRM WHETHER OR NOT THE, UM, UH, A DU HAS SEPARATE, UH, ELECTRICAL METER, A SEPARATE ELECTRICAL METER METER? YES.
I DIDN'T EVIDENCE THAT ON SITE.
IT WASN'T, IT WASN'T SOMETHING I LOCATED ON ANY DRAWINGS.
THE, THE REASON I ASK THAT IS, YOU KNOW, WE, I PRESUME IT WOULD HAVE JUST BECAUSE THAT'S PRETTY STANDARD, UH, ELECTRICAL WIRING, BUT OBVIOUSLY WE'RE TALKING ABOUT THE 1980S, SO HARD TO KNOW WHAT THE STANDARDS WERE IN TEXAS IN THE EIGHTIES.
WELL, OFTEN SINCE THE CRITERIA IS WHETHER OR NOT IT WILL BE USED AS A RENTAL ACCOMMODATION, THERE WOULD BE NO REASON FOR IT TO HAVE A SEPARATE ELECTRICAL METER.
OH, SEPARATE, SEPARATE METERING? NO, YEAH.
FROM THE, FROM THE MAIN HOUSE.
SO, UM, THAT'S WHY I ASKED THAT.
IT, IT'S ALL ON THE METER THAT SITS ON THE, UM, WEST SIDE OF THE HOUSE ADJACENT TO THE DRIVEWAY.
SO MR. CHAIRMAN, UH, IT SEEMS TO ME TO BE MATERIAL, UM, SEVERAL THINGS.
ONE, UH, WE HAD IN PRIOR CASES RELATING TO ADDITIONAL DWELLING UNITS, WHAT THE CITY REQUIREMENTS ARE FOR IT TO BE CALLED AN ADDITIONAL DWELLING UNIT.
UH, IF I REMEMBER CORRECTLY, BEING A KITCHEN, UH, I DON'T REMEMBER ALL OF THE ELEMENTS, BUT, BUT, UH, UNLESS WE DO NOT KNOW, WE HAVE NO,
[00:30:01]
WE HAVE NO EVIDENCE THAT SHOWS THAT THIS, THIS DOES OR DOES NOT ALREADY HAVE THE FEATURES THAT WOULD MAKE IT AN A DU AS IS BEING PRESENTED THAT IT ALREADY WAS AN A DU.UM, WE HAVE NO PHOTOGRAPHS OF THE INSIDE OF THE STRUCTURE.
UM, WE REALLY, IN MY OPINION, UH, HAVE VERY INADEQUATE INFORMATION WITH WHICH TO CONSIDER WHAT TO DO ABOUT THIS CASE BECAUSE EITHER IT ALREADY IS ONE AND IT'S UNPERMITTED TO BE ONE, OR IT ISN'T ONE, BUT IT'S BEING SOLD AS ONE
SO PERSONALLY, I DON'T FEEL WE HAVE ENOUGH INFORMATION TO ADJUDICATE THIS MATTER AT THIS TIME.
UH, THE PICTURES WE SAW, I BELIEVE, LOOK, MADE IT LOOK LIKE THAT WAS A GARAGE.
'CAUSE IT LOOKED LIKE IT HAD A GARAGE DOOR THAT IN THE BRIEFING WE HAD.
SO THAT REINFORCES THE PRESENTATION THAT THE STAFF GAVE US THIS MORNING, AND THAT'S IN HERE, IS THAT IT WAS A GARAGE.
SO, UH, WHERE, WHERE IS THE HOMEOWNER PLANNING ON PARKING? THAT WAS A QUESTION I BROUGHT UP THIS MORNING.
IF YOU LOOK AT THE DRAWINGS THAT I SUBMITTED TO THE CITY, UM, YOU'RE SAYING JANUARY, UM, I'M, I'M SAYING 2024 SOMETIME, BUT, UM, IT SHOWS THAT, UH, IT'S GOT THE BEDROOMS, THE TOILET.
ARE WE TALKING ABOUT MY PARKING QUESTION OR? YEAH, I'M, I'M TRYING TO ANSWER YOUR PART OF YOUR QUESTION, SIR.
UM, IT'S GOT TWO CAR BAYS, UH, WHERE THAT DOOR THAT YOU'VE SAW ON VIDEO SITS.
SO THE, THE CAR BAY DON'T, UM, DISAPPEAR.
THEY'RE PART OF THE UNDER ROOF.
THEY'RE PART OF THE, UH, APPROVAL REQUEST.
SO THEY DON'T, THEY ACTUALLY DON'T CHANGE WHATSOEVER THE THE OTHER.
SO THEY'RE STILL GONNA BE ABLE TO PARK IN THE GARAGE.
THAT'S WAS THAT YOU THOUGHT IT WAS AN A DU, BUT THE CITY HAS NO RECORD OF AN A DU BEING PERMITTED THERE, BUT IT'S GOING TO, BUT IT'S, IT'S NOT A GARAGE, BUT IT'S GONNA BE USED TO PARK MOST HOUSES THAT I DESIGNED.
DO YOU SEE THE LOOP THAT YOU, YOU'RE PRESENTING ME GARAGE? NO.
GARAGE I CAN SEE IS A RIDICULOUS GARAGE.
YOU NOT PERMITTED, I'M JUST SAYING THE LOOP WE'RE IN, I CAN SEE THE ABSURDITY OF WHAT WE'RE DISCUSSING.
WELL, THE BURDEN IS UN YOU IS THE APPLICANT, MY FRIEND.
AND THAT'S WHY I BROUGHT THE OWNER IN TO VALIDATE AND TO TESTIFY ON OATH THAT HE PURCHASED THAT PROPERTY ON THE REPRESENTATION THERE WAS AN A DU ON SITE THAT'S BEEN THERE SINCE THE MID EIGHTIES.
WHAT OTHER QUESTIONS DO WE HAVE AT THIS POINT IN TIME? UH, WHAT ARE THE QUESTIONS? UH, WE DON'T, NO, WE'RE FINE.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR. FINNEY? I HAVE A QUESTION FOR MR. VIDAL.
UM, SO MR. VIDAL, HOW DO YOU CURRENTLY USE THIS ACCESSORY DWELLING UNIT? WHO LIVES THERE? WHO'S GONNA LIVE THERE? NO, WHO CURRENTLY LIVES THERE? WHO CURRENTLY LIVES THERE? OH, NOBODY LIVES THERE.
SO ONE OF YOUR FAMILY MEMBERS DOESN'T USE IT? NO, NO, NO, NO.
SO HOW DO YOU USE THE, THE SPACE THEN? WELL, RIGHT NOW WE CAN, WE ARE USING THE, THE GARAGE FOR MY WIFE CAR AND MY DAUGHTER CAR.
BUT, UM, THAT'S, WE HAVE PLENTY SPACE FOR THOSE TWO CARS.
RIGHT? NOBODY LIVES THERE, BUT I WAS THINKING TO, TO HAVE MY BOYS AND MY KIDS LIVE, LIVE THERE IF IT'S POSSIBLE.
THAT'S WHY WE BOUGHT THE HOUSE.
THAT WAS THE IDEA, TO HAVE THEM ON, ON THE GUEST HOUSE AND LIVE OUT IN, IN THE FRONT, FRONT HOUSE.
SO IT'S, SO YOU DO USE IT AS A GUEST HOUSE? YES.
AS A, FOR MY, FOR MY DAUGHTER AND, AND MY SON.
UM, NO FURTHER QUESTIONS FOR MR. VIDAL.
I DO HAVE A CLARIFYING QUESTION FOR MR. THREAD.
SO JUST TO MAKE THINGS VERY CLEAR, SO THE, THIS EXISTING GARAGE IS A GARAGE AND AN ACCESSORY DWELLING UNIT.
SO, AND ACCORDING TO THIS FLOOR PLAN, WHAT I'M, WHAT I'M SEEING, AND PLEASE CORRECT ME IF I'M WRONG, UM, OR VERIFY WHAT I'M SAYING.
THE FRONT PART IS A GARAGE SUITABLE FOR, UH, THE STORAGE OF VEHICLES.
UM, THE BACK PART IS A, IS LIVING QUARTERS WITH A BATHROOM, IT APPEARS.
OKAY, SO IT'S, IT'S RIGHT HERE.
[00:35:01]
SO THERE'S, THERE APPEARS TO BE, UM, THERE ALSO APPEARS TO BE A KITCHEN.I WOULDN'T CALL IT A KITCHEN, BUT YEAH, YOU'D CALL IT A KITCHENETTE FROM MY STANDPOINT.
AND THEN TWO BEDROOMS AND TWO CLOSETS.
SO THE, THE EXISTING STRUCTURE, WHICH, UM, YOU SAY HAS, UH, BEEN THERE SINCE THE EIGHTIES, UM, HAS ALWAYS HAD A GARAGE AND THIS, THIS EXIST, THIS, UH, THESE ACCESSORY DWELLING UNIT.
LOOK, I MEAN, ADMITTEDLY THAT'S HEARSAY BECAUSE I'M RELYING ON THE TESTIMONY OF ADJOINING OWNERS, UH, THAT HAVE LIVED THERE SINCE THE MID EIGHTIES.
I GUESS IT WAS A NUMBER OF MAYBE TWO OR THREE PARTIES ALL SAID, OH, YEAH, YEAH, THAT'S BEEN THERE SINCE THE EIGHTIES.
SO, UM, THAT'S AS, AND I ONLY FOUND OUT THAT INFORMATION, UH, ON THE 13TH OF MARCH WHEN I CANVASED ALL THE ADJOINING OWNERS FOR THEIR SUPPORT.
SO THIS ALL CAME ABOUT AFTER THE APPLICATION TO THE CITY, AND THEN THEY SAID THEY DIDN'T KNOW THERE WAS A BUILDING THERE, SO.
AND THEN MS. BARKUM, YOU SAID, YOU SAID EARLIER THAT THE PLANS INDICATED IT AS A GARAGE.
WHAT DO YOU, WHAT DO YOU MEAN BY THE PLANS? WHICH PLANS? THE PREVIOUS PLANS IN OUR SYSTEM? UM, THE ENTIRE STRUCTURE WAS A GARAGE, IS WHAT IT SAYS IT'S LABELED AS.
AND WE DON'T HAVE FLOOR PLANS, BUT WE HAD THE SITE PLAN THAT LABELED THE ENTIRE STRUCTURE AS A GARAGE.
SO IT MAY HAVE BEEN, YOU KNOW, LIVING SPACE WITHIN THERE, BUT WE DON'T HAVE IT PERMITTED FOR THAT.
WELL, DOES IT, DOES IT SHOW THE FOOTPRINT OF THAT STRUCTURE? YES, AND IT DOES MATCH WHAT HE'S SHOWING.
SO THIS WAS AN EXISTING STRUCTURE, SO IT IS AN L SHAPE.
OBVIOUSLY MORE THAN JUST A SPACE FOR TWO CARS.
OTHER QUESTIONS FOR THE APPLICANT, MR. OVITZ? MY QUESTION IS FOR STAFF.
UM, SO IS THERE ANYTHING IN THE PERMITTING RECORDS OF THAT PROPERTY THAT THERE WAS EVER PERMITTED TO HAVE AN ADDITIONAL DWELLING UNIT IN THAT, IN THAT LOCATION? DO WE, DOES THE CITY HAVE ANY DOCUMENTATION OF THAT? THAT QUESTION GOES TO THE BOARD ADMINISTRATOR FIRST.
WE DO NOT HAVE, UM, A PERMIT ON FILE FOR AN ACTUAL A DU DO NOT.
ANY OTHER QUESTIONS? ANY OTHER QUESTIONS FOR THE APPLICANT? YOU SAID THERE WERE NO OTHER SPEAKERS.
THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HVE, I'M SORRY, I THOUGHT YOU WERE WANTING, I, I APOLOGIZE.
PROCEED THE CHAIR AND ENTERTAIN A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BDA 2, 4, 5, 3, 1 HOLD THIS MATTER UNDER ADVISEMENT.
IF THE APPLICANTS ARE PREPARED TO COME BACK WITH SOME ADDITIONAL EVIDENCE OF WHAT'S, OF WHAT'S THERE.
IF THEY, IF THEY DON'T, THEN I'LL MAKE A DIFFERENT MOTION.
WELL, WHICH MOTION YOU'D LIKE TO MAKE? WELL, I GUESS, I GUESS THE QUESTION THEN WOULD BE TO ASK THEM IF THEY WOULD, IF THEY WANT TO COME BACK WITH ADDITIONAL EVIDENCE.
OKAY, SO THEN YOU'RE GONNA WITHDRAW YOUR MOTION AND ASK A QUESTION.
I'M, I'M GONNA WITHDRAW THAT MOTION AND ASK THE QUESTION.
YOUR WITHDRAW MOTION IS WITHDRAWN.
UH, MY OPINION IS THE BUR THE APPLICANT HAS NOT MET THEIR BURDEN.
AND, UH, UH, AND THAT IS THE BURDEN IS ALWAYS ON THE APPLICANT.
THERE IS CONFUSION AS TO WHAT IT WAS.
SO I, AND, BUT I DON'T WANT TO TESTIFY.
I, I'LL MAKE A MOTION AND THEN GO TO FOR THAT, BUT I, I'M DEFER TO THE PANEL TO MAKE A MOTION FIRST, OTHERWISE I'LL MAKE A MOTION.
SO, OKAY, I, I WILL MAKE A MOTION.
MR. OVITZ, I MOVE AT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BDA 2 4 5 DASH 0 3 1 ON APPLICATION OF STEWART THREAD GOLD.
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, THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE CASE OF BDA 2 3 4, UH, 2 4 5 0 3 1.
MR. HOPPO OVITZ HAS MADE A MOTION TO DENY WITHOUT PREJUDICE.
DISCUSSION ON THE MOTION, MR. HOP? FIRST, I, I SIMPLY DON'T SEE A SUFFICIENT EVIDENCE AS TO THE EXACT SITUATION THAT IS INVOLVED HERE.
UM, THINGS JUST THE EVIDENCE PRESENTED AND THE HISTORICAL RECORD OF THE, OF THE PERMITTING
[00:40:01]
OF THAT PROPERTY ARE NOT ON THE SAME PAGE.THEY DON'T EVEN APPEAR TO BE DISCUSSING THE SAME, THE SAME PIECE OF LAND.
SO I, I'M, IT'S A VERY CONFUSING SITUATION, AND WHILE I'D BE HAPPY TO SEE ADDITIONAL EVIDENCE, UH, RATHER THAN JUST, UH, WHAT'S, WHAT SOMEBODY HAD IN A SALES BROCHURE, SOME ADDITIONAL EVIDENCE AS TO WHAT WAS THERE WHEN IT WAS PUT THERE AND, UH, HOW IT MANAGED TO EVADE DETECTION BY THE CITY.
IF WE, I'M HAPPY, I'M HAPPY TO AGREE TO HAVE THEM COME BACK.
UM, BUT I, UH, SUFFICIENT EVIDENCE HAS NOT BEEN PRESENTED FOR ME TO VOTE FOR IT.
IT'S DISCUSSION ON THE MOTION.
DR. GLOVER, I DO NOT FEEL THAT TODAY THE APPLICANT HAS, UH, PROVIDED ENOUGH INFORMATION TO MAKE A GOOD CASE FOR THEMSELVES AND, UH, ALSO WITH THE FACT THAT THE CITY DOES NOT HAVE A RECORD OF WHAT EXISTED BEFORE, UH, I AM OBLIGED TO VOTE THIS WAY.
I WOULD AGREE WITH THE MOTION.
I DO NOT THINK THE APPLICANT PRESENTED, UH, ANYWHERE NEAR SUFFICIENT EVIDENCE.
UH, AS I MENTIONED, WE'RE IN A LOOP OF WHAT WAS OR WAS NOT, WHAT IS OR IS NOT.
UM, UM, WE, WE, I MEAN, WE DON'T REALLY KNOW WHAT, WELL, WE'LL JUST LEAVE IT THIS WAY.
I DON'T THINK THE APPLICANT MET HIS BURDEN.
SO I'M IN A SUPPORT OF DENYING THE REQUEST.
OTHER DISCUSSION IN THE MOTION, MR. FINNEY? UM, SO I EMPATHIZE WITH THE APPLICANT, UM, BECAUSE I UNDERSTAND WHEN, UM, THERE ARE MANY SITUATIONS WHERE IN OUR CITY WHERE THINGS ARE BUILT WITHOUT PERMITS.
UM, AND WHEN YOU BUY A HOME, YOU DON'T NECESSARILY ALWAYS KNOW, UH, WHAT WAS PERMITTED, WHAT WAS NOT.
UM, BUT I ECHO THE SENTIMENTS OF MY COLLEAGUES.
GIVEN THE FACT THAT YOU'RE, YOU'RE DOING THIS RENOVATION, IT IS THE, THE BURDEN IS ON YOU TO GET TO THE BOTTOM OF IT AND MAKE IT VERY CLEAR, UM, THE CURRENT STATE OF THIS PROPERTY WHEN THIS ACCESSORY DWELLING UNIT WAS BUILT, UM, AND, UM, YOU DID NOT DO THAT.
SO DISCUSSION ON THE MOTION, MR. NARY.
UM, I'M ALSO IN FAVOR OF DENYING, UH, THIS, UM, A AS A LICENSED REALTOR.
UM, IT SOUNDS TO ME LIKE WHEN YOU WENT TO GO PURCHASE THIS PROPERTY, PERHAPS THE INFORMATION GIVEN TO YOU OR DISCLOSED TO YOU WASN'T ACCURATE.
UM, AND IF THAT'S THE CASE, UM, YOUR GRIEVANCE REALLY IS WITH THE LISTING AGENT OR THE SELLER THAT, THAT YOU BOUGHT THE PROPERTY FROM.
SO, UM, JUST, I JUST WANTED TO ADD THAT 2 CENTS.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IN B BDA 2 45 DASH 0 3 1 IS A MOTION TO DENY WITHOUT PREJUDICE HEARING.
THE BOARD SECRETARY WILL CALL THE VOTE.
MR. OVITZ? NO, I MEAN, I'M SORRY.
YES, THE MOTION IS TO DENY YES.
SO YOUR VOTE BEFORE THE MOTION.
MOTION TO DENY PASSES 5 2 0 IN THE MATTER 2 4 5 0 3 1.
THE BOARD UNANIMOUSLY, UH, DECIDED TO DENY THE REQUEST FIVE TO ZERO WITHOUT PREJUDICE.
YOU'LL GET A LETTER IN THE MAIL FROM THE, UH, BOARD ADMINISTRATOR, UM, MOMENTARILY.
OKAY, THE NEXT CASE FOR OUR AGENDA IS BDA 2 45 DASH 0 3 4 2 4 5 0 3 4, UH, AT 1 1 3 2 2 EAST RICK CIRCLE IS THE APPLICANT HERE? YES I AM.
UH, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
ROB BALDWIN 3 9 0 4 ELM STREET, SUITE B DALLAS 7 5 2 2 6.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
HOLD ON ONE SECOND, MR. BALDWIN.
UH, WHAT SPEAKERS DO WE HAVE FOR 2 4 5 0 3 4? UM, I BELIEVE THE APPLICANT IS ONLINE, SO MR. PIERCE MARSHALL.
OKAY, SO WE HAVE MR. BALDWIN AND THEN THE APPLICANT.
DO WE HAVE ANY IN OPPOSITION THAT ARE REGISTERED?
[00:45:01]
NO REGISTERED SPEAKERS IN OPPOSITION.SO THERE'S TWO SPEAKERS IN FAVOR? CORRECT.
ALRIGHT, SO BOARD MEMBERS, I'VE GOT THE SAME, SAME, UH, EMAIL TRAFFIC.
I DO HAVE ONE OPPOSITION, ONE IN OPPOSITION.
ALRIGHT, I JUST WANNA KNOW WHO ALL'S REGISTERED TO SPEAK.
ALRIGHT, BOARD MEMBERS AS OF THIS MORNING, I'VE GOT THE SAME EMAIL TRAFFIC FROM THIS MORNING.
I'LL PASS BACK DOWN IN 2 4 5 0 3 4.
YOU HAVE FIVE MINUTES PLUS OR MINUS, AND I'LL, I'LL BE GENEROUS WITH TIME, BUT I'LL BE EQUAL WITH BOTH SIDES IN ORDER TO PRESENT YOUR CASE.
UH, YOUR HONOR, UH, MEMBERS OF THE BOARD, ROB BALDWIN, I'M HERE REPRESENTING, UH, MR. AND MRS. MARSHALL AND THE REQUEST FOR FENCE, SPECIAL EXCEPTION, CLOSER TO THE MICROPHONE, UH, THE REPRESENTING THE MARSHALS IN THE REQUEST FOR APE FENCE, SPECIAL EXCEPTION TO 1 1 3 2 2 EAST RICK CIRCLE.
AS WAS SHOWN AT, AT THE BRIEFING SESSION, UH, WE'RE JUST OFF A HILLCREST NORTH OF, UH, NORTH OF NORTHWEST HIGHWAY.
THIS IS THE PROPERTY IN CONTEXT.
AND THEN JUST TO THE RIGHT IS, UH, HILLCREST, UH, WE'RE RIGHT WHERE BELLMEAD AND, UH, EAST RICK CIRCLE COMES IN, IN TOGETHER.
SO THE QUEST IS TO ALLOW A FENCE TALLER THAN FOUR FEET IN A FRONT YARD.
UH, THE PROPOSED FENCE HAS A MAXIMUM HEIGHT OF EIGHT FEET.
UH, THE PANELS WILL BE SEVEN FEET, SIX INCHES WITH THE COLUMNS BEING, UH, EIGHT FEET.
UM, THE EVERYTHING IS DECORATIVE IRON PANELS EXCEPT FOR THE FENCE OR THE GATE AND THE, THE COLUMNS.
AND THERE IS NO ENCROACHMENTS IN THE SITE VISIBILITY TRIANGLE.
IN FACT, THE FENCE IS SET BACK, UH, APPROXIMATELY 25 FEET FROM THE CURB LINE.
SO THIS IS THE OVERALL SITE PLAN.
YOU CAN SEE IT'S A VERY LARGE PROPERTY IN THIS CASE.
UM, RICK EASTRIDGE CIRCLES IS TO THE RIGHT.
UM, AND I DON'T KNOW IF YOU CAN BLOW IT UP ON YOUR SCREEN, BUT, UH, IT WILL SHOW YOU HOW FAR SETBACK THE FENCE ACTUALLY IS FROM THE CURVE.
SO IT'S NOT RIGHT UP ON, ON THE STREET, IT'S SET BACK AND IT'S OPEN.
SO I THINK THAT'S IMPORTANT BECAUSE AS YOU NOTICED ON THE, THE SLIDES THAT, UH, YOU, YOU SAW TODAY, THE AREA DOES HAVE LOTS OF PROPERTIES WITH HEDGES IN FRONT OF 'EM AND LANDSCAPING THAT COMES UP AND THERE'LL BE LANDSCAPING IN FRONT OF THIS.
AND THIS WILL ALL KIND OF, UM, THE INTENT IS FOR IT TO ALL KIND OF MELD TOGETHER AND, AND LOOK AND NOT STAND OUT.
IT'S NOT LIKE ONE OF THOSE FENCES THAT YOU SEE IN PRESTON HOLLOW THAT'S MEANT TO BE SEEN AND MAKE A STATEMENT.
THIS IS MORE TO PROVIDE, UH, SECURITY AND BE SET BACK BEHIND THE, THE LANDSCAPING.
SO THIS IS WHAT THE GATES AND THE, THE FENCE PANELS LOOK LIKE.
THE IMPORTANT THING IS THAT THESE GATES, I I KNOW THEY LOOK LIKE THEY'RE SOLID METAL.
THE TRUTH IS THEY HAVE METAL, DECORATIVE METAL ON THE TOP AND BOTTOM, BUT EVERYTHING ELSE IN THERE IS OPEN.
IT'S KIND OF LIKE A LATTICE WORK.
SO THERE IS NO ISSUES WITH, UH, OPACITY.
SO THIS IS AN OPEN, TRANSPARENT GATE AND FENCES.
AND THIS SLIDE SHOWS WHERE THE EDGE OF PAVEMENT IS IN THE CYAN COLOR, THE LITTLE ARROW.
AND YOU CAN SEE HOW FAR BACK THE FENCE IS.
UM, IT'S AT LEAST 20, 25 FEET IN ALL CASES AND SOMETIMES GOES BACK EVEN FARTHER THAN THAT.
SO IT'S PUSHED WAY BACK BEYOND, UH, THE THE STREET.
THIS IS JUST A, A, A BLOW UP OF THE, THE GATE SO YOU CAN SEE HOW OPEN IT IS AND, UH, THE BOTH THE, THE CAR GATES AND THE PEDESTRIAN GATE.
AND AS YOU'LL SEE, MOST OF THIS FENCE IS DECORATIVE IRON PANELS.
VERY, UH, OVER 77% OF THE FENCE IS OPEN DECORATIVE IRON PANELS.
THE REMAINING 27%, I MEAN 23% IS THE, THE GATES AND THE WING WALLS ON EITHER SIDE OF IT.
UH, THAT'S ELEVATION OF THE FENCE YOU'VE EVER SEEN.
SO THIS IS LEADING TOWARDS RICK'S CIRCLE.
YOU'RE COMING OFF OF NORTH HAVEN AND YOU CAN SEE THAT WE HAVE, UH, SHRUBS ON ONE SIDE OF A NEIGHBOR HAS A, A FENCE ON ONE SIDE.
AND AS WE, AS WE'RE TURNING RIGHT NEXT SLIDE PLEASE, YOU'LL SEE THIS IS LEADING TO MY CLIENT'S PROPERTY, THE MARSHALL PROPERTY TO THE LEFT.
UH, THAT THE LETTER OF SUPPORT FROM THE NEIGHBOR ACROSS THE STREET, TALL SHRUBS, THERE'S A FENCE BEHIND THAT TO THE RIGHT.
THIS IS THE, THE HOUSE THAT WROTE IN OPPOSITION.
UM, THERE ARE SHRUBS AND HEDGES, NO FENCE, BUT SHRUBS AND HEDGES.
AND WE WOULD BE SET BACK FARTHER THAN THESE SHRUBS AND HEDGES.
AND THIS IS LOOKING SOUTH TOWARDS THE SITE, SO YOU CAN SEE ON BOTH SIDES OF US HEDGES,
[00:50:01]
LOTS OF LANDSCAPING.THE FENCE WILL BE SET BACK FAR ENOUGH WHERE IF YOU'RE LOOKING DOWN THE STREET, THE THE FENCE WILL NOT BE OUT THERE MAKING A STATEMENT.
SO I WOULD HOPE THAT YOU CONSIDER THAT THE FENCE IS MOSTLY OPEN.
I HOPE THAT YOU CONSIDER IT SETBACK A LONG WAY FROM THE, THE CURB LINE AND THE TRUCK, UH, TRAVEL.
AND, UM, IT'S A SIMILAR CONDITION TO WHAT'S ACROSS THE STREET RIGHT NOW.
I KNOW WE HAVE LETTERS OF SUPPORT FROM TWO PEOPLE WHO ARE MOST AFFECTED BY THE FENCE THAT PEOPLE RIGHT ACROSS WILL BE LOOKING AT EVERY DAY.
WE DO HAVE A LETTER OF OPPOSITION AND I DO HAVE, UH, SOME OTHER, UH, PHOTOS OF FENCES AND SHRUBS IN THE AREA THAT, UH, I WILL BE SHARING AT MY REBUTTAL PERIOD.
WITH THAT, I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UH, WE'LL COME BACK TO YOU WITH QUESTIONS IN A MINUTE OR TWO.
LET'S GO AHEAD WITH ANYONE ELSE THAT IS, UM, IN FAVOR.
SPEAKING IN FAVOR, MR. MARSHALL, IF YOU ARE ONLINE, CAN YOU PLEASE PROVIDE AUDIO AND VIDEO? YES.
CAN YOU, CAN EVERYONE HEAR ME? WE SEE YOU.
CAN AND CAN YOU, CAN YOU GUYS HEAR ONE MOMENT I NEED TO SWEAR YOU IN? OH, YES, PLEASE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE PROVIDE YOUR NAME AND ADDRESS AND YES.
YES, IT'S E PIERCE MARSHALL JR.
MY ADDRESS IS 6 4 2 5 BELMY DRIVE, DALLAS, TEXAS 7 5 2 3.
I'M SORRY, COULD YOU RAISE YOUR VOLUME? YES, SORRY.
UH, MY NAME IS E PIERCE MARSHALL JR.
MY ADDRESS IS 6 4 2 5 BELMEAD DRIVE, DALLAS, TEXAS 7 5 2 3 0.
I ACTUALLY, I ACTUALLY CURRENTLY LIVE A BLOCK AWAY FROM, UH, THE HOME THAT I'M BUILDING.
SO IN ORDER FOR US TO HEAR YOU, YOU NEED TO EITHER SPEAK LOUDER OR TURN YOUR VOLUME UP.
UM, I OBVIOUSLY WANT TO, UH, SUPPORT MY OWN, MY, UH, MY OWN AFFIDAVIT OR MY OWN, YOU'RE FADING AWAY AGAIN.
SO I I OBVIOUSLY I'M TRYING TO, UH, WOULD LIKE TO SPEAK IN FAVOR OF, UH, OF THE APPLICATION, UH, FOR MY PROPERTY.
I'M, I AM, UH, IT IS CONSISTENT WITH SOME, WITH SEVERAL OTHER PROPERTIES IN THE NEIGHBORHOOD THAT DO ALREADY HAVE FENCES AS WELL AS THESE, UH, PRIVACY HEDGES.
AND I DON'T BELIEVE IT, IT IS ADDING TO, IN A, IN A NEGATIVE WAY RELATIVE TO ANY OPACITY OR OPENNESS OF THE NEIGHBORHOOD.
NO OTHER SPEAKERS IN FAVOR AT THIS TIME? NOT AT THIS TIME, SIR.
SO SPEAKER, ANY SPEAKER REGISTERED IN OPPOSITION? YES.
MR. BARRICK, PLEASE COME DOWN IF YOU WOULD GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
YES, MY NAME IS NOEL BARRICK, 66 44 NORTH HAVEN ROAD, DALLAS, TEXAS 7 5 2 3 OH.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
YES, AS I SAID, MY NAME IS NOEL BARRICK.
UH, I'M A RETIRED ARCHITECT FROM HKS ARCHITECTS HERE IN DALLAS, AND I'M ALSO A MEMBER OF THE PLAN COMMITTEE FOR HILLCREST.
THE ESTATE, THE PLAN COMMITTEE WAS ESTABLISHED IN 1947 AND AS PART OF THE DEED RESTRICTIONS AND PRIMARY AND OUR PRIMARY RESPONSIBILITY IS ENSURING THE CONFORMITY AND HARMONY OF THE NEIGHBORHOOD OVER THE YEARS.
BELIEVE WE BELIEVE WE HAVE DONE SO IN MAINTAINING THE STANDARD BY REVIEWING AND ASSESSING SUBMITTED PLANS.
HOWEVER, NOT ALL PLANS COME THROUGH US AS THEY SHOULD.
WHILE WE TRY TO CATCH NON-COMPLIANCE EARLY.
SOMETIMES DURING CONSTRUCTION, THERE ARE CASES WHERE VIOLATIONS GO UNNOTICED, PARTICULARLY IF THEY'RE NOT EASILY VISIBLE FROM THE STREET.
OVER THE LAST 78 YEARS, WHICH IS A LONG TIME AGO 'CAUSE I'M 77, UH, NEARLY ALL PROPERTIES HAVE REMAINED IN COMPLIANCE WITH THE DEED RESTRICTIONS WITH THE EXCEPTIONS OF THREE PROPERTIES THAT HAVE BEEN, THAT HAVE ERECTED A FOUR FOOT FENCE NEAR OR ON THE FRONT LOT LINE, WHICH IS NOT ALLOWED BY OUR GUIDELINES AND RESTRICTIONS.
THESE PROPERTY OWNERS HAVE BEEN NOTIFIED AND WILL CONTINUE TO BE NOTIFIED.
HOWEVER, IT'S IMPORTANT TO NOTE THAT PLAN COMMITTEE DOES NOT HAVE ANY LEGAL ENFORCEMENT POWER, NONE WHATSOEVER.
ONLY THE HOA OR AN INDIVIDUAL HOMEOWNER CAN TAKE LEGAL ACTION TO DATE.
OVER THESE 78 YEARS, NO LEGAL ACTION HAS TAKEN PLACE.
THAT SAID, OUR ROLE REMAINS TO COMMUNICATE VIOLATIONS CLEARLY AND CONSISTENTLY SO THAT IF LEGAL ACTION IS PURSUED, THE
[00:55:01]
NECESSARY DOCUMENTATION AND SUPPORT ARE IN PLACE.THE APPLICANT HAS POINTED OUT THE NEIGHBORHOOD HAS CHANGED SINCE 1947.
WHILE THIS MAY BE TRUE IN TERMS OF URBAN DEVELOPMENT, NEIGHBORHOODS LIKE PRESTON HOLLOW, HILLCREST, THE ESTATE AND OTHER NEARBY NEIGHBORHOODS HAVE RETAINED THE NON GATED COMMUNITIES PRESERVING THE CHARACTER AS THEM AS DESIRABLE PLACES TO LIVE.
IF THESE RESTRICTIONS WERE OUTDATED OR UNWANTED, THEY WOULD NOT CONTINUE TO BE RENEWED EVERY TWO YEAR, I MEAN EVERY 10 YEARS, EXCUSE ME, BY THE MAJORITY VOTE AS THEY HAVE SINCE 1947.
LAST MONTH, THE PLAN COMMITTEE RECEIVED EMAILS FROM TWO PROPERTY OWNERS, INCLUDING THE IMMEDIATE NEIGHBOR OPPOSING AN EIGHT FOOT FRONT YARD FENCE AT THE APPLICANT'S PROPERTY.
WE HAVE HAD MULTIPLE CONVERSATIONS WITH MR. PIERCE, WHO IS A NEIGHBOR AND A VERY GOOD NEIGHBOR, INCIDENTALLY, ADVISING HIM THAT HIS REQUEST IS NOT IN COMPLIANCE WITH THE DEED RESTRICTIONS AND THAT THE PLAN COMMITTEE WOULD OPPOSE SAID VARIANCE.
I UNDERSTAND THAT THE BOARD OF ADJUSTMENT DOES NOT ENFORCE PRIVATE DEED RESTRICTIONS AND I'M NOT ASKING YOU TO DO SO.
HOWEVER, I CONS REQUEST THAT YOU CONSIDER THE FOLLOWING.
THE CITY OF DALLAS PERMIT PROCESS REQUIRES APPLICANTS TO DISCLOSE ANY PRIVATE DEED RESTRICTIONS INDICATING THAT THE CITY ACKNOWLEDGES THE IMPORTANCE.
THE APPLICATION VIOLATES OUR DEED RESTRICTIONS, WHICH PROHIBIT THE FRONT YARD FENCE.
THIS APPLICATION VIOLATES THE CITY OF DALLAS BASE ZONING, WHICH PERMITS ONLY A FOUR FOOT HIGH FENCE.
THIS IS THE FIRST REQUEST IN OUR NEIGHBORHOOD FOR AN EIGHT FOOT FRONT YARD FENCE.
IF APPROVED, IT WOULD BE ONLY THE FOURTH PROPERTY IN VIOLATION OF OUR DEED RESTRICTIONS AND THE FIRST TO VIOLATE CITY ZONING.
A RECENT EXAMPLE, UH, FURTHER REINFORCES OUR POSITION A, UH, HOMELESS CONSTRUCTED ON WESTBROOK CIRCLE AND BELLMEAD ON THE CORNER, WHICH WAS ORIGINALLY DESIGNATED AS A 20 FOOT SIDE YARD SETBACK, WHICH IS OUR REQUIREMENT AND OUR DEEDS.
HOWEVER, THE CITY OF DALLAS REJECTED IT REQUIRING THE 40 FOOT REQUIRING A 40 FOOT SETBACK TO MAINTAIN THE NEIGHBORHOOD HARMONY.
WE BELIEVE IN EIGHT FOOT FRONT YARD FENCE SIMILARLY DISRUPTS THE NEIGHBORHOOD CONFORMITY AND HARMONY AND SHOULD BE DENIED.
I ASK THE BOARD OF ADJUSTMENT CONSIDER THESE FACTS CAREFULLY APPROVING THIS REQUEST, WHICH SET A PRECEDENT THAT GOES BOTH AGAINST OUR DEED RESTRICTIONS AND THE CITY'S ZONING LAWS.
I URGE YOU TO DENY THIS VARIANCE TO PRESERVE THE INTEGRITY OF THE NEIGHBORHOOD.
IF YOU WAIT FOR A SECOND, THANK YOU FOR YOUR COMMENT.
I'M GONNA ASK YOU A QUESTION OR TWO SINCE YOU'RE STANDING HERE.
AND THEN THE APPLICANT GETS A FIVE MINUTE REBUTTAL CONSISTENT WITH OUR RULES, BUT WE STILL HAVE QUESTIONS.
UM, YOU, YOU'RE ONE OF THE ONES THAT WE RECEIVED THE PAPERWORK FROM AND ALSO WE RECEIVED SOMETHING FROM UH, ANDREW SCHULTZ WHO'S CHAIR OF THE HILLCREST ESTATES PLAN COMMITTEE.
IS THAT THE SAME GROUP? YES SIR.
UM, AND COURT NOTE, IS IT, IS IT THAT YOU'RE AGAINST IT BECAUSE OF THE HEIGHT? IS IT, UH, IS EIGHT FEET VERSUS SIX FEET VERSUS WHAT? WELL, BASICALLY OUR GUIDELINE BECAUSE BY RIGHT.
THEY CAN DO FOUR FEET BY THE RIGHT OF THE CITY.
OUR GUIDELINES STATE THAT WE SHOULD HAVE NO FENCE AND FRONT OF THE FRONT BUILDING LINE.
NOW THERE ARE SOME, THERE'S THREE HOUSES THAT HAVE THAT, THAT MUCH FARTHER OUT THAT ARE NEAR THE FRONT LOT LINE.
THOSE WERE NOT APPROVED BY OUR COMMITTEE AND UH, THEY HAVE, NOBODY HAS SUED THEM AND THEY ARE CONSTRUCTING, THERE'S ONE FOUR FOOT FENCE WITH NO LANDSCAPING IN FRONT OF IT WHATSOEVER.
THERE'S TWO OTHER HOUSES THAT DO HAVE LANDSCAPING IN FRONT OF THAT FOUR FOOT FENCE.
I THINK THE HOUSE RIGHT ACROSS THE STREET FROM THE SUBJECT PROPERTY HAS A BUNCH OF LANDSCAPING WITH A FENCE BEHIND IT.
I'M NOT GONNA CHASE THAT NECESSARILY, BUT, UM, SO IT'S NOT THE HEIGHT THAT YOU'RE NECESSARILY OBJECTING, YOU'RE SAYING YOU'RE TRYING TO ENFORCE WHAT COMMUNICATE WHAT YOUR, THE PRIVATE DEED RESTRICTION IS SAYING.
ANY FENCE IN THE FRONT YARD IN FRONT OF THE BUILDING LINE? THAT'S WHAT OUR DEED RESTRICTIONS ARE.
I'M JUST TRYING TO DO, YOU KNOW, THERE ARE SOME VIOLATIONS OF THAT.
HOWEVER, THERE ARE NO VIOLATIONS REALLY AT THE FRONT YARD SETBACK THAT EXCEED FOUR FEET.
DOES ANYONE ELSE HAVE QUESTIONS FOR THIS GENTLEMAN? I'VE GOT MR. FINNEY AND THEN MR. HOPKINS, MR. FINNEY.
UM, SO BUILDING ON THAT, UM, CONVERSATION, UM, SO AGAIN, ACROSS THE STREET, UM, CORRECT ME IF I'M WRONG, BUT I I BELIEVE THERE IS A, UH, VERY TALL HEDGE IN FRONT OF THAT HOUSE, UH, THAT'S ACROSS THE STREET.
UM, AND IT, AND IT, IT APPEARS TO OBSTRUCT THE VIEW
[01:00:01]
OF ALMOST THE ENTIRE HOUSE.I'M JUST CURIOUS HOW THAT WOULD BE ACCEPTABLE AND WHAT THIS APPLICANT IS PROPOSING TODAY IS NOT.
WE, WE DO NOT HAVE THE AUTHORITY TO OBJECT TO ANYTHING RELATIVE TO THE LANDSCAPE.
THAT'S, THAT IS A LANDSCAPE FEATURE AND NOT A FENCE.
SO WOULD YOU, WOULD YOU SAY THAT THAT IS FITTING WITH THE CHARACTER OF THE NEIGHBORHOOD? NO.
MR. HOPKOS QUESTION FOR THIS GENTLEMAN.
THE, AGAIN, THE HOUSE ACROSS THE STREET WITH THE TALL LANDSCAPING HAS A FENCE BEHIND THAT LANDSCAPING.
DO YOU KNOW APPROXIMATELY WHAT THE HEIGHT OF THAT FENCE IS? IT'S ABOUT A FOUR FOOT FENCE.
SO TO YOUR KNOWLEDGE, THAT IS NOT VIOLATING ZONING REQUIREMENTS, THAT FENCE NOT FROM THE CITY? YES.
SO IF I INTERPRETATE THAT IT'S NOT VIOLATING THE CITY'S RIGHT, UH, UH, FOR THE FOUR FEET, BUT IT'S AGAINST THE NEIGHBORHOOD'S PRIVATE DEED RESTRICTIONS OF WHICH THEY SIGNED WHEN THEY PURCHASED THE PROPERTY.
MR. HAITZ, YOU MENTIONED THAT THERE WERE A COUPLE OF OTHER FENCES THAT WERE IN THE NEIGHBORHOOD.
ARE ANY OF THOSE HIGHER THAN FOUR FEET? NO.
THEY LOOKED, THEY ALL LOOKED FOUR FEET.
I DIDN'T PHYSICALLY GO OUT AND MEASURE IT.
I UNDERSTAND, BUT TO YOUR KNOWLEDGE, THEY'RE NOT HIGHER THAN FOUR FEET.
OKAY, SO WE'RE GONNA GO BACK TO THE APPLICANT.
GO BACK TO THE APPLICANT AS CONSISTENT WITH THE RULES OF PROCEDURE.
THE APPLICANT HAS A FIVE MINUTE REBUTTAL AND THEN WE MAY ALSO HAVE QUESTIONS FOR YOU.
I'M GONNA TRY TO GO THROUGH THIS QUICKLY.
UH, UH, MR. MARSHALL WAS VERY BUSY LAST WEEK TAKING PHOTOS OF FENCES AND LANDSCAPING IN THE AREA.
AND I JUST WANNA GO THROUGH THIS QUICKLY.
CAMRY, IF YOU GO TO THE FIRST SLIDE.
SO WHAT WE DON'T WANT YOU TO DO IS GET IN THE MIDDLE OF A PRIVATE BATTLE BETWEEN DEED, PRIVATE DEED RESTRICTIONS VERSUS CITY.
WE WOULD LIKE FOR YOU TO, TO, UH, BASE YOUR DECISION BASED ON DOES THIS AFFECT NEIGHBORING PROPERTY.
UM, AND LET THE THE NEIGHBORS WORK OUT THE DEED RESTRICTIONS.
UH, AND THIS, THIS IS A MAP OF THE NEIGHBORHOOD SUBJECT TO THE DEED RESTRICTIONS.
UM, THE, THE GREEN STARS SHOW LANDSCAPE HEDGES, WHICH AREN'T SUPPOSED TO BE IN FRONT OF THE HOUSE.
AND THE BLUE STARS SHOW FENCES THAT AREN'T SUPPOSED TO BE IN FRONT OF THE HOUSE.
GREENS OR WHAT? GREENS OR LANDSCAPE? HEDGE.
WHAT IF THEY HAVE BOTH? THEY HAVE TWO STARS.
SO, UH, CAMERON, IF YOU CAN JUST START SCROLLING THROUGH, WE, WE DON'T HAVE TO STOP AT ALL OF 'EM, BUT MR. BALDWIN? YES.
WHERE'S THE SUBJECT SITE? OH, I'M SORRY.
COULD YOU GO BACK? UM, YOU SEE THE, IF YOU, UH MM-HMM
IT'S THE ONE THAT DOESN'T HAVE ANY STARS ON IT.
IF YOU COULD JUST START SCROLLING THROUGH CAMRY, THAT WOULD BE GREAT.
SO, MR. MARSHALL WENT OUT THERE AND TOOK PHOTOS OF ALL THE FENCES, ALL THE LANDSCAPING HEDGES, EVERYTHING THAT SEEMED TO VIOLATE THE DEED RESTRICTIONS.
AND THE PURPOSE OF THIS IS TO SAY, IT SEEMS TO ME THAT THE DEED RESTRICTIONS HAVE BEEN HAPHAZARDLY ENFORCED.
HE, HE WOULD LIKE, AND I WOULD LIKE THAT YOU TO MAKE YOUR DECISION, NOT BASED ON THE DEED RESTRICTIONS, BUT BASED ON THE FACT IS THE CURRENT PROPOSED FENCE DESIGN, WOULD IT NEGATIVELY AFFECT PROPERTY IN THE IMMEDIATE VICINITY? I WOULD ARGUE THAT IT WOULDN'T.
IT'S GONNA BE SET BACK BEHIND A HEDGE, JUST LIKE ALL THESE OTHER FENCES.
IT'S GONNA BE SET BACK FROM THE ROAD.
AND I DID AN ANALYSIS BASED ON PROPERTY VALUES FOR THE TAX APPRAISAL DISTRICT.
AND THERE'S NO CHANGE IN PROPERTY VALUES FOR THE PROPERTY, WHETHER YOU HAVE A FENCE OR DON'T HAVE A FENCE.
SO IF YOU'RE THINKING AFFECTING NEIGHBORING PROPERTIES AS, AS IN PROPERTY VALUES, THE, THE DALLAS CENTRAL APPRAISAL DISTRICT DOES NOT SAY THAT THERE'S A DIFFERENCE.
UM, SO I THINK YOU'LL SEE THAT THIS IS AN INTERESTING NEIGHBORHOOD.
THERE'S A LITTLE BIT OF EVERYTHING.
I WILL CONCEDE THAT THE DEED RESTRICTIONS THIS ARE ALONG, UH, HILLCREST DO ALLOW FENCES ALONG HILLCREST, BUT THE REST OF THE NEIGHBORHOOD ALSO HAS A SERIES OF FENCES.
I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UM, I HOPE YOU CAN SUPPORT THIS REQUEST.
I BELIEVE IT'S REASONABLE AND I, I HOPE YOU CAN TOO.
QUESTIONS FOR THE APPLICANT? MR. HAITZ? MR. BALDWIN, UM, IF THERE ARE NO OTHER FENCES THAT ARE EIGHT FEET IN THIS SUBJECT AREA, HOW DO YOU KNOW THEY DON'T AFFECT THE PROPERTY VALUES?
[01:05:02]
JUST FROM WHAT I, YOU KNOW, THAT'S KIND OF A, A SUBJECTIVE, UH, DECISION.AND THAT'S WHY YOU GUYS, THAT'S WHY, THAT'S WHY THERE'S, THAT'S WHY THERE'S A BOARD OF ADJUSTMENTS.
YOU MADE, YOU MADE THE STATEMENT THAT I SAID FROM A, I DON'T THINK IT DOES IF YOU BASE IT ON PROPERTY VALUES, BECAUSE THE TAX OFFICE DOESN'T MAKE A DIFFERENTIATION BETWEEN FENCES, PROPERTIES WITH FENCES, PROPERTIES WITHOUT FENCES.
UM, YOU KNOW, SOME SAY GOOD FENCES MAKE GOOD NEIGHBORS.
SOME SAY THEY DON'T LIKE FENCES.
SO IT'S A, IT'S REALLY SOMETHING THAT IT'S, IT'S IN THE OPINION OF THE BOARD.
YOU KNOW, THIS IS A SPECIAL EXCEPTION AND NOT A VARIANCE.
WE, WE DON'T HAVE TO PROVE A HARDSHIP.
WE JUST HAVE TO MAKE OUR CASE.
AND HOPEFULLY YOU, YOU SUPPORT US.
BUT I WOULD KEEP IN MIND IT'S OPEN, IT'S SET BACK, AND IT'S GONNA BE BEHIND HEDGES.
ANY OTHER QUESTIONS, MR. HOPKOS? OKAY.
UM, SO YOU, YOU SAID YOU DID A STUDY OF PROPERTY VALUES.
UM, RELATED TO ADJACENCIES TO HOUSES WITH EIGHT FOOT FENCES.
SO I, I, I WENT THROUGH THIS WHOLE NEIGHBORHOOD ON D AD AND THEY, THE, THE CITY OR THE COUNTY APPRAISAL DISTRICT HAS A LUMP SUM FEE PER ACRE FOR PROPERTIES.
AND WHETHER THEY HAVE A FENCE OR WHETHER THEY DON'T HAVE THE FENCE, THEY HAVE THE SAME PROPERTY VALUE.
SO THAT MEANS THAT SOMEONE NEXT TO A FENCE WOULD'VE THE SAME PROPERTY VALUE AS SOMEONE WITH A FENCE.
AND I WENT INTO URBAN PLANNING 'CAUSE I WASN'T GOOD AT MATH.
SO IT TELLS ME THAT THERE'S PROBABLY MORE FACTORS THAT GO INTO THAT.
BUT IT'S NOT LIKE IF SOMEONE PUTS UP A FENCE, ALL OF A SUDDEN PEOPLE START PROTESTING THEIR, THEIR PROPERTY VALUES AND THEIR PROPERTY VALUES GET LOWERED.
IT, IT WOULD BE NICE TO SEE THAT STUDY REFLECTED IN, IN YOUR PRESENTATION.
THE STUDY WOULD JUST SHOW THAT ALL THE PROPERTIES HAVE THE SAME, DEPENDING ON IT'S, IT'S ONE, 1,000,180, $80,000 PER ACRE.
AND SO DEPENDING ON HOW MANY ACRES YOU HAVE, THAT'S WHAT YOUR PROPERTY VALUE IS.
THE HOME VALUES CHANGE BASED ON WHEN THEY WERE BUILT, HOW, HOW, YOU KNOW, HOW BIG THEY ARE.
SO THAT, THAT WAS A HARD, YOU COULDN'T REALLY TELL FROM THE, THE STUDY HOW THE HOME VALUES GET AFFECTED.
BUT THE PROPERTY ITSELF HAS THE SAME NO MATTER WHAT.
WELL, SO I GUESS MY POINT IS, UM, UH, YOUR, YOUR, YOUR NARRATIVE IS VERY COMPELLING.
UM, AND YOUR, YOUR GOAL HERE IS THE ONUS IS ON YOU TO, TO SHOW, UM, WITHOUT A DOUBT THAT THIS FENCE WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY VALUES.
RIGHT? SO IF, IF, IF YOU'RE SAYING THE DATA'S THERE, THEN I SEE, NO, I'M NOT.
I JUST, I STARTED DOING IT AND I WAS AT, YOU KNOW, I I ON MY 50TH PROPERTY AND IT'S TELLING ME THE SAME THING.
AND, UH, I JUST DIDN'T, YOU KNOW, I SHOULD HAVE BROUGHT IT AND SHARED IT WITH YOU.
AND I, IF YOU'D LIKE TO GET THIS INFORMATION, I'M SURE WE'RE HAPPY TO HOLD IT TO GET IT TO YOU, BUT IT'S GOING TO SHOW YOU EXACTLY WHAT I JUST TOLD YOU.
I HAVE A QUESTION FOR THE BOARD ATTORNEY AND AWARD ADMINISTRATOR, THEN I'LL COME BACK TO YOU, MR. BALDWIN.
UM, A, A REQUEST THAT IS BUILT IN FRONT OF US IS FOR FENCE HEIGHT OF EIGHT FEET, WHICH IS A SPECIAL EXCEPTION OF FOUR FEET.
UM, THEY'RE SAYING THEY'RE GONNA PUT HEDGES IN FRONT OF THE FENCE, BUT WHAT WE WOULD APPROVE OR NOT CAN'T BIND THE APPLICANT TO LANDSCAPING.
ALL WE'RE DEALING WITH IS THE FENCE.
CORRECT?
AM I CORRECT? THE APPLICANT JUST SAID, OH, WELL, WE'RE GONNA PUT THIS EIGHT FOOT FENCE IN AND WE'RE GONNA PUT LANDSCAPING IN FRONT OF IT.
AND WELL, WE CAN'T BIND THEM TO THE LANDSCAPING.
CAN WE? THERE THERE MIGHT BE AN INSTANCE WHERE YOU COULD TIE IT TO THE SITE PLAN.
REALLY? I DON'T REMEMBER US BEING ABLE TO DO THAT.
SO THAT'S SOMETHING TO NOODLE ON.
UM, MY, MY BURDEN KIND OF FALLS A LITTLE BIT OF MR. FINNEY'S AND THAT IS THERE, AND MR. HOPKOS, THERE'S NO OTHER EIGHT FOOT FENCES IN THE NEIGHBORHOOD.
YOU'D BE THE FIRST EIGHT FOOT FENCE IN THE NEIGHBORHOOD.
THE OTHER GENTLEMAN SAID THAT THE HOUSE ACROSS THE STREET THAT HAS THE GIGANTIC LANDSCAPING HAS A FOUR FOOT FENCE BEHIND THE, THE ADDITIONAL QUESTION WAS THE OTHER ONES THAT, UH, THE OTHER FENCES IN THERE WERE ALL FOUR FEET OR OTHER.
NOW, HE WASN'T TESTIFYING THAT IT WAS THE ABSOLUTE, BUT THAT'S WHAT HE BELIEVED.
BUT AGAIN, THE NEIGHBORHOOD DOESN'T HAVE EIGHT FOOT FENCES.
[01:10:01]
DID.BUT SEE, THIS IS PART OF THE, BUT LOOK AT THIS.
THIS IS PART OF THE PROBLEM THAT YOU HAVE IN A NEIGHBORHOOD.
I KNOW IN A STABLE, JUST A MINUTE, IN A STABLE NEIGHBORHOOD TO HAVE THE BY RIGHT.
BUT WHEN YOU GO ABOVE THAT, YOU'RE CREATING A PRECEDENT, NOT PRECEDENT.
YOU'RE CREATING A TREND THAT SAYS, WELL, THEY HAVE IT WELL, BECAUSE IF THEY HAVE IT, THAT CAN HAVE IT.
AND THEREFORE, AND I REALLY HESITATE JUST ONE MEMBER HERE JUMPING AND JUMPING, NOT FROM FOUR TO SIX, BUT FOUR TO EIGHT FEET.
RIGHT? I THINK THE MAXIMUM WE'RE ALLOWED IS NINE FEET.
SO I'M JUST CONVEYING TO RESPOND TO THAT WHOLE ISSUE OF NO OTHER ONE HAS AN EIGHT FOOT FENCE.
SO, UM, THIS, NO, THIS, I THOUGHT THE FENCE BEHIND THIS WAS A STANDARD EIGHT FOOT, UH, THIS IS ACROSS THE STREET BEHIND THERE WAS, HE TESTIFIED IT WAS FOUR.
I KNOW I DIDN'T GO MEASURE IT, BUT I DROVE BY IT AND IT SEEMED TALLER THAN FOUR TO ME.
IT SEEMED LIKE A FULL SIZE, UH, FENCE THAT YOU PUT AROUND LIKE A, A TENNIS COURT.
UNFORTUNATELY, THAT'S YOUR BURDEN, NOT HIS
I'M NOT GONNA GO CRAWL AROUND SOMEONE'S BUSHES, OF COURSE.
UH, CAMRA, IF YOU CAN GO BACK A COUPLE OF SLIDES PLEASE.
DID YOU WANT, THIS IS A SLIDE ON THIS ONE ON NORTH HAVEN.
UH, ANY, SO THERE, YEAH, WE'RE THE FIRST EIGHT FOOT FENCE RIGHT ON, ON THIS BLOCK.
UH, BUT THAT DOESN'T MEAN THAT IT MIGHT NOT MAKE SENSE.
I'M JUST, AGAIN, OUR CRITERIA GOES BACK TO WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO ONE OTHER THING FOR YOU TO RESPOND TO, AND THEN I'LL LET OTHER PEOPLE ASK QUESTIONS.
THIS PRIVATE DEED RESTRICTION THING MM-HMM
I ASKED MY BOARD ATTORNEY, ALRIGHT, HOW DO WE HANDLE THAT? AND HE SAID, WE'RE NOT A PARTY TO THAT.
BUT I'M SCRATCHING MY HEAD HERE SAYING, HMM.
WE ALSO ARE SUPPOSED TO BE RESPONSIBLE NEIGHBORS.
AND IN A NEIGHBORHOOD, WHEN YOU BUY A PIECE OF PROPERTY, YOU LOOK WHAT THE DEED RESTRICTIONS ARE OR NOT.
AND THEN, THEN IT'S LIKE, THAT'S ALL PART OF NEIGHBORING PROPERTY, NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
NOW, THE LEGISLATURE AND THE CITY COUNCIL HAS GIVEN US THE DISCRETION TO BE ABLE TO INTERPRET THAT.
BUT BOY, OH BOY, IN MY MIND, A FACTOR OF THIS PRIVATE DE JURISDICTIONS NOT BINDING.
SO OUR ATTORNEY TELLS ME, BUT IT CERTAINLY INFLUENCES PART OF THE DECISION MAKING PROCESS.
I THINK THAT THE, THE EVIDENCE WOULD SHOW THAT THE, UH, HOA OR THE, THE PLANNING COMMITTEE HAS BEEN HIT AND MISS IN ENFORCING THE DEED RESTRICTIONS.
I DON'T, I DON'T KNOW IF THAT THEY'RE INVALID OR NOT, BUT CLEARLY THERE'S VIOLATIONS OF THE DEED RESTRICTIONS AS THE, THE GENTLEMAN POINTED OUT AND THEY'RE NOT BEING ENFORCED.
SO DOES WHAT, WHAT, WHAT DOES THAT PUT US? SO THAT'S WHY I'M SAYING THAT'S WHY I ASKED THE QUESTION.
WELL, THAT'S WHY I'M SAYING I THINK THAT IT, IT WOULD BE WISE TO NOT CONSIDER THE PRIVATE DEED RESTRICTION TO LET THAT WORK OUT, UH, BETWEEN THE NEIGHBORS AND THE COURTS OR WHATEVER, AND NOT GET INVOLVED WITH THAT.
UM, BUT I WOULD ASK THAT YOU NOT BASE YOUR DECISION ON, ON WHETHER OR NOT THE DEED RESTRICTIONS ARE FULL FORCED IN EFFECT.
UH, I THINK I HAVE MR. KOVICH THEN MR. FINNEY.
MR. KOVICH, UH, MR. BALDWIN, DID YOU HAVE ALSO, DID YOU WANNA ASK A QUESTIONER, DR. GLOVER, ARE YOU ON THE LIST FOR THAT OR NOT YET? YES.
UH, WELL, I FIND, I FIND YOUR ARGUMENT ABOUT THE EXAMINATION OF THE IMPACT OF PROPERTY VALUE.
UM, I'M FAMILIAR WITH THIS NEIGHBORHOOD.
THESE ARE NOT INEXPENSIVE PROPERTIES, WHICH ARE NOT, THIS IS NOT AN INEXPENSIVE PART OF TOWN TO LIVE IN.
AND THE EXISTENCE OF A FENCE OR NOT.
I, I DON'T THINK IT'S GONNA MATERIALLY IMPACT THE VALUE OF THESE LOTS AND THE HOMES THAT SIT ON THEM.
SO I DON'T FIND THAT TO BE A VERY COMPELLING ARGUMENT.
UM, ONE COULD ALSO SAY, WELL, INSTEAD OF AN EIGHT FOOT FENCE, HOW ABOUT A HOUSE THAT'S PAINTED NEON BLUE? THERE'S NO EVIDENCE THAT A HOUSE THAT'S PAINTED NEON BLUE IN THAT NEIGHBORHOOD SALES PRO, THAT'S KIND OF A MEANINGLESS RIGHT THING AS WELL.
I MEAN, IT, IT'S, UM, UH, SO I, I JUST, I, I, I JUST, I'M NOT, I DON'T FIND THAT ARGUMENT TO BE COMPELLING THE WAY I BET YOU DON'T HEAR THAT FROM ME AGAIN.
SO, UH, THE PROBLEM WITH THE, THE, THE, A LITTLE BIT CLOSER TO THE MICROPHONE, THE PROBLEM WITH THE, YOU KNOW, WHAT YOU GUYS HAVE TO BASE YOUR DECISION ON WHETHER THERE'S A NEGATIVE EFFECT ON THERE'S A, A NEGATIVE IMPACT ON PROPERTIES.
[01:15:01]
KNOW, AND I, YOU KNOW, DOES IT MEAN PEOPLE ARE, ARE UNHAPPY? DOES IT MEAN IT PHYSICALLY DAMAGES THE PROPERTY? DOES IT MEAN PEOPLE HAVE TO DRIVE BY SOMETHING THEY DON'T LIKE TO SEE ON THE, ON THEIR WAY TO AND FROM THEIR HOUSE? IT REALLY DOESN'T TELL YOU.I WISH IT GAVE US, YOU KNOW, LIKE WHEN YOU DO THE VARIANCE, IT VERY CLEARLY SAYS YOU HAVE TO FIND X AND YOU HAVE TO FIND THIS.
YOU HAVE TO FIND THIS, THEN YOU HAVE TO FIND THIS WITH A SPECIAL EXCEPTIONS.
IT'S IN THE OPINION OF THE BOARD.
IS THIS A BAD IDEA? MI MR. CHAIRMAN, THIS IS MS. MRS. PIERCE MARSHALL.
UM, MR. KOVI, DID THAT FINISH YOUR QUESTION? DO YOU HAVE MORE MY QUESTION, MR. BALDWIN QUESTION, MARSHALL, PLEASE.
MR. HOPKIN HAS A QUESTION FOR MR. MARSHALL.
YOU, YOU, I JUST WOULD LIKE TO KNOW YOUR THOUGHTS ABOUT THAT, PERHAPS SOME OF YOUR NEIGHBORS TO BE, UH, I GUESS CURRENT NEIGHBORS SINCE YOU LIVE IN THAT, IN THAT NEIGHBORHOOD NOW.
UM, AND, AND NEIGHBORS TO BE WHEN YOU RELOCATE, UM, AREN'T HAPPY WITH WHAT YOU'RE TRYING TO DO.
I JUST WOULD LIKE TO KNOW WHAT YOU, WHAT YOUR THOUGHTS ARE ON THAT SUBJECT.
I ACKNOWLEDGE THAT THERE ARE SOME THAT ARE NOT HAPPY ABOUT IT.
I WOULD ALSO POINT OUT THOUGH, THAT THE TWO PEOPLE THAT ARE MOST DIRECTLY AFFECTED BY THIS ARE PEOPLE THAT HAVE WRITTEN LETTERS IN SUPPORT OF MY FENCE, EIGHT FOOT, SIX FOOT, OR OTHERWISE.
UH, I WOULD ALSO POINT OUT THAT IN FACT, IF YOU READ ONE OF THE SUPPORT LETTERS, MR. FINNEY, YOU WERE ASKING ABOUT PROPERTY VALUES THAT MR. THE, THE KEYS ACTUALLY HAVE THAT FENCE IN VERY LARGE PRIVACY HEADS SPECIFICALLY SAID IN THEIR SUPPORT LETTER THAT THEY ACTUALLY FELT SELF-DEFENSE ADDED VALUE AND THAT THEY CONSIDERED THAT IN THEIR OFFICE.
SO, SO I WOULD, I WOULD ARGUE THAT IN FACT, ADDING SECURITY IS IN FACT, UH, IN THE BEST INTEREST OF THE PROPERTY OWNERS IN OUR NEIGHBORHOOD.
I'VE GOT MR. FINNEY, THEN, DR. GLOVER, MR. FINNEY, UM, MR. MARSHALL, UM, HAVE YOU MADE AN EFFORT TO SPEAK WITH YOUR NEIGHBORS THAT ARE OPPOSED TO THE FENCE? YEAH, WELL, I, I'VE, I, I HAD, I HAD SIGNIFICANT EMAIL CORRESPONDENCE WITH, UH, MR. BARRICK.
YES, I, I HAD, I HAD EXTENSIVE EMAIL CON EMAIL CORRESPONDENCE WITH MR. BARRICK, UH, WHO IS ON THE PLAN COMMITTEE.
AND, UH, I HAVE, BUT I HAVE NOT ACTUALLY, AND I HAVE SPOKEN TO ANOTHER MEMBER OF THE PLAN COMMITTEE, CLINTON NOLAN, UH, A NUMBER OF TIMES VIA TELEPHONE.
UM, I, I HAVE NOT HAD A CONVERSATION WITH MR. ERICKSON NEXT DOOR TO ME.
UH, BUT I HAVE HAD CONVERSATIONS WITH, AND I, AND I, AS I EXPRESSED TO MR. BARRICK, WHEN, WHEN THIS ISSUE FIRST CAME UP, I SAID, PLEASE TELL ME WHO IS, WHO HAS A PROBLEM WITH THIS.
I SAID, I'D LIKE TO HAVE A DISCUSSION WITH THEM.
AND HE, AND HE REFUSED TO GIVE ME THE NAMES OF THE FOLKS THAT WERE OPPOSED.
AND IT'S DIFFICULT TO HAVE A CONVERSATION WITH SOMEBODY IF YOU'RE NOT EVEN ALLOWED TO KNOW WHO THEY ARE.
UM, I, I JUST WANT TO MAKE A FEW OBSERVATIONS.
UM, FIRST OFF, YOU KNOW, THE, I NEED YOU TO DO IT IN THE FORM OF QUESTIONS BECAUSE WE'RE NOT AT THE MOTION STAGE YET.
SO THIS STAGE IS QUESTIONS FOR THE APPLICANTS.
OR OPPOSITION, OR OF A CLARIFICATION FROM STAFF.
SO YOU CAN ESPOUSE AS LONG AS IT'S IN A QUESTION.
DR. GLOVER, QUESTIONS FOR THE APPLICANT OR CLARIFICATION FROM STAFF? MR. BOLDIN AND MR. MARSHALL, WHY DO YOU ABSOLUTELY NEED AN EIGHT FOOT FENCE? I DON'T THINK YOU HAVE BEEN ABLE TO TELL US THIS.
WOULD THAT'D BE A QUESTION FOR MR. MARSHALL? YEAH, I MEAN, IT, IT'S, IT'S VERY MUCH, UH, FOR SECURITY ISSUES, SIR, UH, THAT, THAT IS THE PRIMARY ISSUE.
I'M TRYING, I'D LIKE TO CREATE A BARRIER THAT IS NOT EASILY SCALED.
AND UNFORTUNATELY, I, I FEEL LIKE A FOUR FOOT FENCE IS EASILY SCALABLE.
UH, IT'S, IT'S VERY MUCH FOR, FOR, UH, PERSONAL AND PROPERTY SECURITY.
ANY MORE QUESTIONS, DR. GLOVER? OKAY.
MR. HAITZ, UH, THIS QUESTION IS FOR ANYONE WHO CARE TO ANSWER, WAIT A MINUTE, FOR THE APPLICANT FOR OPPOSITION OR STAFF, THE, THE APPLICANT OR HIS REPRESENTATIVE DIRECTED TO MR. BALDWIN SINCE HE'S STANDING IN FRONT OF US.
'CAUSE I ALWAYS RECOMMEND APPLICANTS COME IN PERSON 'CAUSE IT'S MUCH MORE EFFECTIVE TO PLEASE ONE'S CASE HERE IN PERSON.
UH, THAT WAS A HINT FOR ANYONE LISTENING.
UH, MR. BALDWIN, ARE YOU AWARE OR HAVE YOU EXPLORED WHETHER THERE HAS BEEN, UH, AN INCREASE IN THE INCIDENTS OF BREAK-INS IN THIS NEIGHBORHOOD THAT WOULD CAUSE CONCERNS ABOUT SECURITY? NO, SIR.
[01:20:02]
THANK YOU.I I CAN, I CAN SPEAK TO THAT, SIR.
DID YOU WANT TO ANSWER THAT QUESTION, MR. MARSHALL? YES.
WOULD YOU, WOULD YOU PLEASE SPEAK CLOSER TO YOUR MICROPHONE? YES.
I'M, I'M SPEAK, I'M TRYING TO, AND I APOLOGIZE FOR NOT BEING THERE IN PERSON.
I, I HAD PRE UNFORTUNATELY, WHEN THIS WAS SCHEDULED, I, I HAD ALREADY HAD PAID PLANS TO BE OUTTA TOWN.
SO MY, MY DEEPEST APOLOGIES TO THE COMMITTEE, UH, OR TO THE BOARD FOR MY LACK OF PERSONAL PRESENCE.
UM, WE DO GET A, WE DO GET A MONTHLY EMAIL FROM, UH, OUR, THE NORTHWOOD, UH, SORRY, THE NORTH HAVEN ESTATES CRIME WATCH.
AND WE DO GET MONTHLY REPORTS OF BREAK-INS OF ACTUAL CARS IN OUR DRIVEWAY.
UH, THAT IS NOT AN NON FREQUENT, UH, OCCURRENCE AT ALL.
AND WE HAVE HAD, WE HAVE HAD ONE HOME INVASION AS WELL.
SO, SO TO SAY THAT, THAT SAFETY IS NOT AN ISSUE IN OUR, I MEAN, TO BE HONEST, UH, NORTH HAVEN IS A, NORTH HAVEN IS A, IS A STREET THAT CONNECTS TWO SIX LANE URBAN ROAD.
AND AS A CONSEQUENCE, WE HAVE A LOT OF TRAFFIC THAT GOES THROUGH OUR NEIGHBORHOOD.
AND SO IT'S DIFFICULT TO KEEP TRACK OF FOLKS OF WHO SHOULD BE THERE AND WHO SHOULDN'T BE THERE.
DID THAT ANSWER YOUR QUESTION, MR. KOVI? YES, IT DID.
ANY OTHER MEMBERS HAVE QUESTIONS? DR. GLOVER? UH, MR. MARSHALL, MY QUESTION TO YOU IS, DID YOU SUBSCRIBE TO THE HOA? YES, I AM.
AND, AND THERE, THERE IS THE HOA IS THE BODY RESPONSIBLE FOR ENFORCING THESE? AND AS, AS YOU'LL NOTICE, THERE IS NO MEMBER OF THE HOA, UH, BOARD IN FRONT OF YOU TODAY.
AND YES, I AM A MEMBER, BUT I, I, MR. MARSHALL, I'M READING A REPLY FROM AN ANDREW SCHWARTZ, ANDREW SCHULTZ CHAIR OF THE HILLCREST ESTATES PLAN COMMITTEE.
IS THAT PART OF THE HOA, THE PLAN COMMITTEE? THE PLAN COMMITTEE ANSWERS TO THE HOA, BUT THE PLAN COMMITTEE HAD THE PLANS, COMMITTEE'S SOLE JOB IS TO REVIEW PLANS TO SEE IF THAT, AND, AND THEY'RE A BYPRODUCT OF THE HOA THAT YOU, YOU'RE A MEMBER OF THAT YOU WERE JUST SAYING YOU GOT INFORMATION FROM.
WELL, I MEAN, THEY'RE, I, I GUESS THEY'RE A SUBSECTION, I GUESS, OF THE HOA.
IS THAT A A GOOD WAY TO DESCRIBE IT? MAYBE? WELL, I, I, I'LL JUST MAKE ONE COMMENT, AND THAT IS YOU'RE CHOOSING TO IGNORE PRIVATE DEED RESTRICTIONS THAT WERE PART OF THIS, BUT ALSO PARTICIPATE IN THE HOA.
SO, WHICH IS IT? I DID, WELL, LET, LET ME, LET ME SAY THIS.
I DIDN'T SIGN THE RESTRICTIVE COVENANTS.
I CAN ALSO TELL YOU THAT THERE ARE ISSUES THAT I CAN RAISE WITH, AGAIN, THIS IS AN ISSUE OF, OF PRIVATE MATTER.
THERE ARE ISSUES WITH THE RENEWAL OF THE DEED RESTRICTIONS THAT WERE DONE LAST YEAR.
I HAVE FOUND, IN FACT, I CAN TELL YOU THAT THERE ARE TWO PEOPLE THAT SIGNED THOSE DEED RESTRICTION RENEWALS THAT HAVE FENCES IN FRONT OF THEIR PROPERTY.
OKAY? SO IT IS NOT, IT IS, AS OUR BOARD ATTORNEY HAS ADVISED US, IT IS NOT THE, THE CRITERIA FOR US, THE ENFORCEMENT OF PRIVATE DEED RESTRICTIONS.
LIKE ALL THESE OTHER THINGS ARE, THEY'RE INFORMATION THAT COMES TO US.
AND THEN WE DETERMINE WITHIN OUR JUDGMENT WHETHER OR NOT THE SPECIAL EXCEPTION REQUEST WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO THIS IS JUST INFORMATION LIKE EVERYTHING ELSE.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT OR OPPOSITION? THANK YOU.
THE CHAIR WOULD ENTERTAIN A MOTION.
I WOULD LIKE TO MAKE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 45 DASH 0 3 4 ON APPLICATION OF ROB BALDWIN DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT FENCE WITHOUT PREJUDICE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD AVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BDA 2 45 DASH 0 3 4.
UH, MR. FINNEY HAS MOVED TO DENY THE REQUEST WITHOUT PREJUDICE.
IT'S BEEN SECONDED BY MR. NRI DISCUSSION ON THE MOTION.
SO FIRST OF ALL, I WOULD JUST LIKE TO COMMEND MR. BALDWIN ON ONE THING.
UM, YOU KNOW, AND IF THERE'S ONE THING THAT YOU DID COMMENDING HIM AS HE GOES DOWN
DOWN FOR THE COUNT, RIGHT? RIGHT.
ARE YOU THROWING HIM A LIFE, RAF, OR A DEAD WEIGHT? GO AHEAD, MR. FINNEY, THERE'S ONE THING THAT YOU'VE MADE CLEAR THROUGH YOUR PHOTOGRAPHS.
AND THE, THE ANALYSIS THAT YOU, THAT YOU SHOWED US TODAY IS THAT THE, THE NEIGHBORS IN THIS NEIGHBORHOOD VERY CLEARLY, UM, PREFER PRIVACY.
[01:25:01]
IT'S VERY CLEAR BECAUSE THEY'VE USED THE LOOPHOLE THAT THE GENTLEMAN, RETIRED ARCHITECT FROM HKS, UM, FORGIVE ME, I CANNOT REMEMBER YOUR NAME.MR. OH, MR. BARRICK, FORGIVE ME.
UM, UH, YOU POINTED OUT IS THIS LOOPHOLE THAT MANY OF YOUR NEIGHBORS HAVE USED.
AND SO, SO REGARDLESS OF THAT THOUGH, UM, THAT IS NOT THE CRITERIA OF THIS JUDGMENT.
THE CRITERIA OF THIS JUDGMENT IS, YOU KNOW, WHETHER OR NOT THIS IS ADVERSELY AFFECTING THE NEIGHBORS.
AND THE ONUS WAS ON YOU, MR. BALDWIN, UM, AND MR. MARSHALL TO DEFINITIVELY PROVE THAT IT IS NOT, AND YOU JUST DID NOT DO THAT.
AND SO, UM, ANYWAYS, THAT'S ALL I HAVE TO SAY.
UM, FOR ME, IN THIS PARTICULAR CASE, WHAT WAS ONE OF THE KEY DECIDING FACTORS WAS THE DR.
UH, VISUAL DRIVE AROUND THE NEIGHBORHOOD.
UH, IN MY OPINION, BASED ON THAT DRIVE AND LOOKING AT OTHER PROPERTIES IN THE IMMEDIATE AREA, UH, I DON'T BELIEVE AN EIGHT FOOT FENCE WOULD COMPORT WITH THE NEIGHBORHOOD.
UM, SO THAT IS THE REASON I SECONDED THE MOTION.
OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IS TO DENY WITHOUT PREJUDICE HEARING.
THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER, BDA 2 4 5 DASH 0 3 4.
THE BOARD UNANIMOUSLY AND A FIVE TO ZERO VOTE DENIES THE REQUEST FOR SPECIAL EXCEPTION WITHOUT PREJUDICE.
YOU'LL GET A LETTER IN THE MAIL FROM OUR BOARD ADMINISTRATOR IN THE NEXT COUPLE DAYS.
NEXT ITEM ON THE AGENDA IS BDA 2 4 5 DASH 0 3 5 2 4 5 DASH 0 3 5.
THIS IS AT 1 4 3 3 NORTHWEST MORELAND ROAD.
HE IS THE APPLICANT HERE,
UM, MS. BOARD SECRETARY, TELL ME SPEAKERS WE HAVE FOR 2 4 5 DASH 0 3 5.
OKAY, MR. BALDWIN, YOU HAVE ALMOST UNLIMITED TIME.
GIVE US YOUR NAME AND ADDRESS FIRST.
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? I DO.
I WA I WAS A LITTLE JOKING ABOUT SAY UNLIMITED TIME, BUT I, I WANT YOU TO DO AMPLE TIME TO MAKE YOUR, MAKE YOUR PRESENTATION.
I THINK THIS ONE WILL, WILL GO FAIRLY QUICKLY.
UH, I AM REPRESENTING THE DALLAS COUNTY MENTAL HEALTH MENTAL RETARDATION, UH, SOCIETY OR ORGANIZATION KNOWN NOW AS METROCARE.
THIS, THEY ARE BUILDING THEIR NEW, UH, MAIN FACILITY RIGHT HERE ON REDMOND AND WESTMORELAND.
SO IF YOU, IF YOU SEE EVERYTHING OUTSIDE THIS AREA IS WHERE THEY'RE BUILDING, UH, SORRY, I CAN'T DO IT ON THE SCREEN.
BUT, UH, EVERYTHING OUTSIDE THE REDMOND ROAD, THEY'RE BUILDING A NEW SEVEN STORY, UM, OFFICE AND PATIENT SERVICES BUILDING.
AND ACROSS THE STREET THEY'RE BUILDING A TWO STORY MEDICAL CLINIC.
UM, WHEN YOU SAY CROSS THE STREET, YOU MEAN SOUTH? I MEAN SOUTH.
SO THEY PURCHASED THIS PROPERTY IN THE TRIANGLE, WHICH IS DEFINITELY A WEIRD PIECE OF PROPERTY IN THAT NOT ONLY DOES IT HAVE, UH, A LIKE A TWO HUNDRED AND FIFTY, TWO HUNDRED EIGHTY FOOT TALL, UH, TOWER IN IT, AND, UH, THE SHED THAT GOES WITH IT, THAT'S ON A SEPARATE PIECE OF PROPERTY AND HAS A SEPARATE ZONING DISTRICT ON IT.
UM, THEY'RE ALSO GOING TO HAVE THAT BUILDING TO THE RIGHT AND REPURPOSE IT.
SO THE, I UNDERSTAND WHERE THE CONFUSION CAME THIS MORNING BECAUSE LAST YEAR WE FILED A SIMILAR CASE FOR THIS PROPERTY WHEN WE WERE GOING TO ASK FOR A REDUCTION IN PARKING TO SO WE CAN OCCUPY THAT BUILDING.
SUBSEQUENTLY, WE FOUND OUT THE BUILDING JUST SIR, YOU, YOU FILED A CASE WITH A BOARD OF ADJUSTMENT.
YEAH, BUT WE NEVER GOT TO THE BOARD.
'CAUSE THAT WAS GONNA SAY IT NEED TO GO BACK TO THE SAME PANEL THAT IT NO WAS ASSIGNED TO.
[01:30:01]
CONFUSION ABOUT WHETHER OR NOT THE BUILDING WAS THERE OR NOT.SO THE ORIGINAL PLANS THAT WE SUBMITTED LAST YEAR HAD THE BUILDING THERE.
'CAUSE WE WERE GONNA REOCCUPY IT.
THE PROBLEM IS, THIS IS IN PD EIGHT 11 AND THERE WAS, WE'D HAVE TO GO THROUGH A REZONING TO REOCCUPY IT, AND THEN WE STILL COULDN'T PARK IT.
SO METROCARE MADE THE DECISION TO REMOVE THE BUILDING AND THEN JUST USE THIS AS SURFACE PARKING.
NOW THIS IS NOT REQUIRED PARKING, MEANING THAT IT'S NOT PARKING THAT'S NEEDED TO MEET THE ZONING CODE, BUT IT'S NEEDED PARKING BECAUSE THERE'S A LOT OF PEOPLE THAT COME AND GO OUTTA HERE.
AND SO, UH, METROCARE WANTS TO HAVE A SERVICE PARKING LOT SO THEIR STAFF CAN PARK HERE AND KEEP THE, THE PARKING FOR THE BUILDINGS NEXT TO THE BUILDING.
THIS IS THE ZONING MAP SHOWING THAT, UH, EVERYTHING AROUND US IS IN PD EIGHT 11 EXCEPT FOR THE TOWER, WHICH IS A STRAIGHT INDUSTRIAL ZONING DISTRICT.
I'VE NEVER SEEN THIS BEFORE, HAVING, YOU KNOW, A DIFFERENT ZONING DISTRICT IN THE MIDDLE OF ANOTHER ZONING DISTRICT.
UH, I'M A ZONING NERD, SO I THOUGHT I FOUND THAT PRETTY INTERESTING.
SO WHAT ARE WE ASKING FOR? OKAY, RE REFRESH YOUR MEMORY.
SO IN THE BLUE SHADED, YOU'RE SAYING IT'S GOT ZONING INSIDE ZONING? YEAH, IF YOU CAN, IT'S KINDA HARD TO SEE THE, THE LITTLE TRAPEZOID.
I SAW IT, WHICH IS INDUSTRIAL RESEARCH.
EVERYTHING ELSE IS PD EIGHT 11 SUBDISTRICT A.
AND I THINK THEY DID THAT 'CAUSE THEY DIDN'T WANNA ALLOW, UH, TOWERS TO BE, UH, PERMITTED USE IN, UH, PD EIGHT 11.
SO THEY JUST DID SOMETHING WEIRD AND CREATED A HOLE IN THE DONUT.
SO, UM, WE'RE ASKING FOR TWO THINGS.
LIKE I SAID, WE'RE DOING A SURFACE PARKING LOT, BUT THE TOWER IS STAYING AND THE BUILDING CONNECTED TO THE, THE TOWER, THE ONE ON THE NORTH IS STAYING.
UH, BUT THE, THE EXISTING BUILDING THAT, UH, COMMISSIONER FINNEY ACCURATELY RECOGNIZED WAS NOT ON THE SITE PLAN, WAS NOT ON THE SITE PLAN.
BUT IT WAS ON A SITE PLAN THE FIRST TIME WE, WE SUBMITTED.
SO THAT'S WHY STAFF WAS A LITTLE CONFUSED, I THINK.
SO WE'RE ASKING FOR A SPECIAL EXCEPTION TO LANDSCAPING REQUIREMENTS OR THERE'S ACTUALLY A VARIANCE OF LANDSCAPING.
PD EIGHT ELEVEN'S WEIRD EVERYWHERE ELSE.
WE DO A SPECIAL EXCEPTION FOR AN ALTERNATIVE LANDSCAPING PLAN.
AND PD EIGHT 11, IT SPECIFICALLY SAYS WE HAVE TO ASK FOR A VARIANCE TO THAT.
AND THEN WE'RE ALSO ASKING FOR A VARIANCE TO A REQUIRED 10 FOOT PARKING SETBACK ALONG REDMOND ROAD.
AND REDMOND, AS YOU KNOW, IS THAT SMALLER ROAD WITH THE CUL-DE-SAC.
IT'S A VERY ROBUST LANDSCAPING PLAN.
WE'RE CLEARLY MEETING THE SPIRIT AND INTENT OF PD EIGHT 11.
THE PROBLEM IS WE HAVE LARGE OVERHEAD POWER LINES THAT COME ALONG, WESTMORELAND POWER LINES THAT COME ALONG, REDMOND, AND THEN THE, JUST THE WAY THAT THE TOWER THAT CANNOT BE MOVED AND THE PROPERTY LINE THAT CANNOT BE MOVED, UM, COME TOGETHER.
WE HAVE, UH, A LITTLE BIT OF A PROBLEM MEETING, UH, TREE PLANTINGS ALONG REDMOND, BUT IT'S GONNA BE HEAVILY LANDSCAPED.
UH, THE PHIL IRWIN AGREES THAT THIS IS A REASONABLE REQUEST, UH, FOR THE LANDSCAPING AND I HOPE YOU TO DO AS WELL.
THIS SHOWS WHERE WE HAVE OVERHEAD POWER LINES BOTH ALONG, UH, WESTMORELAND AND REDMOND.
I HOLD ON A SECOND AND I'M GONNA GIVE YOU AMPLE TIME.
WHERE ON THIS IS THE BUILDING THAT'S UNDER CONSTRUCTION? IT'S, I DON'T SEE IT.
LET'S GO BACK A FEW SLIDES TO THE AERIAL, BECAUSE I'M TRYING TO OKAY, THEN THAT ONE NEXT SLIDE.
WELL, THIS SLIDE, EVERYTHING IN THE, WITH THE DOT PATTERN, THAT DOES NOT HAVE A SHADING IN IT.
THAT'S ALL UNDER CONSTRUCTION.
SO THERE'S TWO BIG BUILDINGS BEING CONSTRUCTED.
UH, OFFICE, YOU, IF YOU, IF YOU DRIVE TO ARLINGTON ON I 30, YOU'LL SEE IT UP ON TOP OF THE HILL.
IT'S DRIED IN NOW AND THEY'RE OKAY.
UH, AND THEN ACROSS 'EM AT, UH, ON THE SOUTH SIDE OF REDMOND IS A TWO STORY, UH, CLINIC AND THE SOUTH SIDE OF REDMOND.
IS THAT WHAT THE PARKING'S FOR PARKING IS GONNA SERVE BOTH OF THOSE BUILDINGS.
BUT AGAIN, ACROSS THE STREET, IT'S NOT REQUIRED PARKING.
IF THAT PARKING WERE NOT TO BE THERE, THEY COULD STILL OPEN BECAUSE THEY HAVE ENOUGH PARKING ON SITE TO MEET ZONING.
BUT IT'S CONVENIENCE PARKING BECAUSE EVEN THOUGH WE HAVE, SO WHAT I SEE IN THIS PICTURE HERE, THIS THE BLUE IS THE PROPERTY WITHIN THAT PROPERTY HAS GOT THIS WHATEVER RECTANGLE, WHICH IS THE TOWER, RIGHT? YES.
AND IT'S SEPARATELY ZONED, SO IT CONSTRICTS THE TOWER.
YOU CAN'T PUT ANYTHING ELSE IN THERE.
AND THEN TO THE, TO THE EAST OR TO THE RIGHT OF WHERE THE TOWER IS, WHERE THE PARKING'S GONNA BE.
[01:35:01]
BUILDING'S UNDER CONSTRUCTION? YES.I'M JUST TRYING TO UNDERSTAND AS YOU GO, MR. NER HAS A QUESTION, BUT YOU WOULD THINK GO AHEAD MR. NER.
WE MIGHT AS WELL JUST BURN HIS TIME.
UH, YEAH, JUST A POINT OF CLARIFICATION.
MY UNDERSTANDING IS THAT THIS IS ALL COUNTY OWNED OR METROCARE OWNED.
AND SO THESE WHERE THE NEW CONSTRUCTION IS AND THE BLUE SHADED AREA ARE ALL FOR ONE.
IT'S ALL OWNED BY DALLAS COUNTY AND BEING DEVELOPED BY DALLAS COUNTY.
I I THINK I HAVE SOME AS WE MOVE ALONG, NOT ONLY DO WE HAVE OVERHEAD POWER LINES, WE ALSO HAVE A BILLBOARD AND VISIBILITY EASEMENT.
UM, ONE THING I DIDN'T REALIZE UNTIL I GOT AN URBAN PLANNING IS THE BILLBOARD COMPANIES HAVE A LOT OF POWER AND THEY CAN PREVENT YOU FROM PUTTING LANDSCAPING IN FRONT OF THEIR BILLBOARDS.
AND THAT'S WHERE WE HAVE NOW, WE CANNOT PUT THE LANDSCAPING IN FRONT OF THE BILLBOARD.
THIS CLEARLY SHOWS WHERE THE, THE TOWER AND THE BUILDING IS NOT PART OF THE, THE SUBJECT PROPERTY WHERE EVERYTHING ELSE AROUND IT.
AND NEXT SLIDE SHOWS WHERE THESE ARE THE TWO SPOTS.
UM, WHERE WE'RE, WE'RE ASKING TO HAVE A REDUCTION IN THE 10 FOOT PARKING SETBACK.
WE'RE STILL GONNA LANDSCAPE BETWEEN THEM AND WE'RE 15 FEET AWAY FROM THE CURB.
BUT JUST THE WAY WITH THE TRIANGULAR PROPERTY, AND NOT ONLY DO WE HAVE A TRIANGULAR PROPERTY, WE HAVE OUR TRAPEZOID IN THE MIDDLE OF IT THAT MAKES IT SO IT'S VERY HARD TO LAY OUT PARKING.
AND WE REALLY NEED THIS VARIANCE TO, TO MAKE THE PARKING AS EFFICIENT AS POSSIBLE.
SO THIS IS, UH, LOOKING AT THE SITE FROM WESTMORELAND.
AS YOU'RE LOOKING DOWN REDMOND, YOU SEE THE TOWER AND THEN, UH, THE KEEP GOING PLEASE.
THAT'S THE, THE BILLBOARD AND THE TOWER AND, UH, THE, THE EXISTING BUILDING THAT'S GONNA BE REMOVED AS YOU GO UP THE HILL.
UH, WE CAN'T, THESE, THIS JUST SHOWS THAT THE LEGACY TREES THAT WE CAN'T PLANT NEW ONES, BUT THERE ARE SOME TREES THERE.
THIS SHOWS THE CONSTRUCTION OF THE NEW BUILDING ON THE RIGHT AS YOU'RE GOING UP.
THAT IS THE NEW METRO BUILDING.
AND THEN THE OTHER ONE YOU CAN'T SEE 'CAUSE IT'S ON THE OTHER SIDE OF THE, UH, YEAH.
SO, UM, YOU KNOW, I HOPE YOU'LL AGREE WITH STAFF THAT WE MEET THE, THE, UH, CONDITIONS FOR FINDING A VARIANCE, UH, FOR THE LANDSCAPE.
THERE ARE OVERHEAD POWER LINES ALONG BOTH WESTMORELAND AND REDMOND.
UH, THERE ARE LINES AND EASEMENTS WHICH PROHIBIT US FROM PLANTING TREES.
UH, WE'RE NOT ALLOWED TO PLANT TREES IN THESE EASEMENTS.
WE ARE DOING A ROBUST PLANTING SCHEDULE FOR THE SITE, AND WE'RE MEETING THE SPIRIT IN A TENT.
UM, AND WE CANNOT MOVE THE POWER LINES OR THE EASEMENTS.
AND THE, THE REASON THIS CAME UP IS WE HAVE TO FILE TO, TO DO THE SERVICE PARKING, WE HAVE TO FILE A DEVELOPMENT PLAN AND A LANDSCAPE PLAN, UH, WITH THE GO GET APPROVED BY THE CITY PLAN COMMISSION AND HAS TO GO TO THE BOARD OF ADJUSTMENT BEFORE IT CAN GO TO THE CITY PLANNING COMMISSION.
AND, UH, FOR THE PARKING, WE HAVE AN ODD SHAPED PARK PIECE OF PARCEL THAT'S TRIANGULAR, WHICH IS WEIRD.
AND THEN WE HAVE THAT OTHER PIECE OF PROPERTY IN IT AND WE CAN'T MOVE THAT.
UH, I'M HERE TO ANSWER ANY QUESTIONS.
I HOPE, I HOPE I WAS ABLE TO ANSWER YOUR QUESTIONS.
MR. KOVICH THEN MR. FINNEY, MR. KOVI, MR. BALDWIN, UM, WHAT PROVISIONS ARE THERE OR GOING TO BE MADE FOR? UM, SAFE PEDESTRIAN TRAFFIC FROM THIS LITTLE ISLAND OF PARKING? OH, ACROSS STREETS TO GET TO THESE NEW BUILDINGS? YEAH.
UM, THERE'S GONNA BE, UM, WHAT DO PAVERS OR, YOU KNOW, CROSSWALKS AND THERE WILL BE SECURITY THERE THAT THERE'S NOT A LOT OF TRAFFIC THAT GOES, UH, FROM THE PARKING LOT.
UH, KIND OF, UH, CAN, WE CAN'T, IF WE CAN GET BACK TO THE PRESENTATION.
THE THIRD SLIDE, UM, REDMOND ROAD IS A WEIRD, IS A CUL-DE-SAC.
THE DEAD ENDS, WE ACTUALLY LOOKED INTO ABANDONING IT, BUT, UH, THERE WAS A, A HUGE, LIKE A, A FOUR TO EIGHT INCH, UH, SEWER LINE THAT GOES RIGHT THROUGH THERE AND WE COULDN'T ABANDON IT.
UM, SO IF YOU, ONCE YOU GET PAST, THIS IS THE DRIVEWAY RIGHT HERE THAT LEADS TO, TO BOTH FACILITIES.
IF YOU HAVE A, IF YOU HAVE A SIDEWALK RIGHT THERE, THERE'S NO TRAFFIC THAT'S GOING BEYOND THAT.
SO NOTHING, NOBODY'S WALKING ACROSS WESTMORELAND.
NO, DEFINITELY NO ONE'S WALKING ACROSS WESTMORELAND.
IT'S, IT IS, IT'S A SELF-CONTAINED CAMPUS.
[01:40:01]
SO ONE OF THE MAIN CRITERIA FOR OUR JUDGMENT TODAY IS WHETHER THIS IS CONTRARY TO PUBLIC INTEREST.UM, AND YOU'VE, YOU'VE ALREADY MENTIONED THAT THIS PARKING LOT IS, UH, EXCEEDS THE MINIMUM PARKING REQUIREMENTS.
UH, AND SO, SO I GUESS YOU'RE, YOU'RE MAKING THE CASE THAT IS IN THE PUBLIC INTEREST THAT THEY NEED MORE PARKING THAN TREES,
SO I'M, I'M CURIOUS IF YOU COULD EXPAND ON THAT AND, AND AS YOU, AS YOU ADDRESS THAT, I'M CURIOUS, THE LEGACY TREES THAT YOU MENTIONED, ARE THOSE ALL STAYING MY UNDERSTANDING THE OTHER LEGACY TREES ARE STAINED.
WE GOT PERMISSION TO HAVE 'EM IN THERE AND THEN THE POWER LINES CAME IN AND WE'RE NOT MESSING WITH THOSE.
UM, WE ARE PROVIDING THE SAME AMOUNT OF TREES.
THEY JUST HAVE TO BE IN DIFFERENT LOCATIONS.
SO PART OF THE ALTERNATIVE LANDSCAPING PLAN IS ALLOWING US TO PLANT STREET TREES FARTHER AWAY FROM THE EDGE OF THE STREET BECAUSE WE HAVE THE OVERHEAD POWER LINES.
NOW, THERE ARE CERTAIN USES THAT GENERATE, REQUIRE MORE PARKING THAN WITH THE CITY CODE REQUIRES.
I DON'T KNOW IF YOU'VE BEEN PAYING ATTENTION TO THE, WHAT'S GOING ON WITH THE CITY PLANNING COMMISSION RIGHT NOW, BUT THEY'RE TALKING ABOUT REDUCING PARKING MINIMUMS. MM-HMM
AND THAT WORKS FOR, THERE'S SOME USES THAT WE WEIGH OVER PARK, SOME USES THAT WE DON'T PARK ENOUGH.
FOR EXAMPLE, A A GOOD ONE IS CHURCHES, CHURCHES ONLY AT THE PARK.
FOUR SPACES PER, UH, ONE SEAT, ONE PARKING SPACE FOR FOUR SEATS IN A SANCTUARY.
AND CHURCHES HAVE CHANGED A LOT IN THE LAST 20 YEARS.
THEY USED TO BE, YOU'D GO THERE ON SUNDAYS AND MAYBE ON WEDNESDAY NIGHTS.
NOW THEY'RE USED ALL THE TIME.
AND THE SANCTUARY IS ACTUALLY THE SMALLEST PART OF THE CHURCH.
AND SO PARKING A CHURCH AT ONE, ONE PER FOUR SEATS DOESN'T MAKE SENSE IN THIS CASE.
IT'S, UH, MEDICAL CLINICS PARK AT ONE SPACE PER 200 SQUARE FEET OFFICES PARK AT ONE SPACE PER 333 SQUARE FEET THAT MEETS THE CITY CODE.
BUT THE TRUTH IS, UM, GIVEN THE CLIENTS THAT COME IN HERE AND THE NUMBER OF PEOPLE THAT JUST CIRCULATE THROUGH HERE, UH, WE DO HAVE A FOUR OR FIVE STORY PARKING GARAGE, BUT THE SURFACE PARKING WILL ALLOW DOCTORS AND STAFF TO PARK OUTSIDE OF THE GARAGE TO LEAVE THAT OPEN FOR, FOR THE PEOPLE THAT NEED IT AND, AND MAY HAVE MOBILITY ISSUES AND, AND NEED TO BE NEAR ELEVATORS.
UM, THE LAND, THE PARKING LOTS COULD BE HEAVILY LANDSCAPED AND WE HAVE NO RESIDENTIAL ADJACENCY ANYWHERE, AND YOU CAN'T SEE IT FROM ANY STREET.
SO I THINK IT IS IN THE PUBLIC INTEREST TO GRANT THESE.
THANK YOU, MR. THANK YOU, MR. FINNEY.
ANY OTHER QUESTIONS? I'LL GO TO YOU IN ONE SECOND.
UM, MR. HAITZ, SO IS IT THE PLAN THAT, THAT THAT AREA OF PARKING IS GOING TO BE, FOR EXAMPLE, PERMIT RESTRICTED TO STAFF? I DON'T THINK IT'S GONNA BE, IT'S GONNA BE ENCOURAGED FOR STAFF.
I DON'T THINK YOU CAN MAKE STAFF PARK THERE, BUT THAT'S WHAT'S, THAT'S RIGHT.
THE, THE, THE ATTENDS HAVE THE PATIENT'S PARK IN THE PARKING GARAGE.
ANYTHING ELSE MR. HOPKOS? OKAY.
ANY OTHER QUESTIONS FOR THE APPLICANT? WE HAD NO OTHER SPEAKERS, CORRECT? MS. WILLIAMS? NO.
THE CHAIRMAN TO ENTERTAIN A MOTION, I, I'D LIKE TO MAKE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 5 ON APPLICATION OF ROB BOBAN GRANT, THE REQUEST OF THIS APPLICANT FOR SPECIAL EXCEPTION TO THE LANDSCAPE REQUIREMENTS CONTAINED IN ARTICLE 10 OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT NUMBER ONE, STRICT COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.
NUMBER TWO, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
AND NUMBER THREE, THE REQUIREMENTS ARE NOT IMPOSED BY A SITE SPECIFIC LANDSCAPE PLAN APPROVED BY THE CITY PLAN COMMISSION OR CITY COUNCIL.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BDA 2 4 5 0 3 5.
MR. FINNEY MOVES TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR, UM, THE LANDSCAPE REQUIREMENTS.
SECONDED BY MR. OVITZ, UM, MR. FINNEY DISCUSSION IN THE MOTION? UM, YES.
UH, I THINK THE APPLICANT, UM, DID A VERY THOROUGH JOB OF EX EXPLAINING THE REASONING FOR, UM, WELL OTHERWISE SEEMED SUPERFLUOUS PARKING
[01:45:01]
LOT.CAN WE, CAN WE HOLD ONE SECOND HERE.
I'M BEING ADVISED BY MY BOARD ATTORNEY THAT WE MAY NEED TO CHANGE LANGUAGE.
SO LET'S JUST HOLD FOR ONE SECOND.
UH, IF I COULD SEE MR. UH, MR. FINNEY'S THING, I CAN MARK IT.
ALRIGHT, SO LET'S JUST HOLD FOR A SECOND.
SO, MR. FINNEY, I'M GONNA ASK YOU TO WITHDRAW YOUR MOTION.
OKAY? I'D LIKE TO WITHDRAW MY MOTION.
MR. KOVI, WE WITHDRAW YOUR SECOND WITHDRAWN.
THE MOTION'S BEEN WITHDRAWN, THE SECOND WITHDRAWN.
GIVE US A MOMENT HERE FOR LEGAL LANGUAGE TO BE PROPERLY DOCUMENTED.
DO, DO YOU NEED TO CHANGE THE OTHER ONE TOO, OR JUST THAT FIRST ONE? OKAY.
I WOULD JUST LIKE TO COMMENT THAT THIS IS ONE SITUATION THAT WE WILL NEVER HAVE TO WORRY ABOUT BECOMING A PRECEDENT
ARE WE GONNA TIE THIS TO THE PATIENT? SECOND ONE IS SPECIAL.
UH, THE BOARD OF ADJUSTMENT AT 2:47 PM WILL GO INTO RECESS FOR, UH, SEVEN MINUTES UNTIL 2:55 PM UM, IT IS TUESDAY, MARCH 18TH.
THE BOARD OF ADJUSTMENT AT 2 47 2 40 8:00 PM IS GONNA GO INTO RECESS UNTIL 2:55 PM WE'RE AT RECESS.
[01:55:11]
ALL[01:55:11]
RIGHT, WE'RE GONNA, WE'RE GONNA CALL US BACK INTO SESSION, UH, THE BOARD OF ADJUSTMENT, UH, PANEL A ON TUESDAY, MARCH 18TH AT, OOPS, SORRY, WE'RE NOT BACK ON YET.ALRIGHT, NOW WE'LL GO BOARD OF ADJUSTMENT PANEL A ON TUESDAY, MARCH 18TH AT 2:55 PM IS CALLED BACK INTO SESSION.
UM, WE HAD TAKEN A BREAK SO THAT OUR BOARD ATTORNEY COULD, UH, CONFIRM PROPER LEGAL LANGUAGE FOR DISPOSITION OF 2 4 5 3 5.
MR. FINNEY, I'D LIKE TO MAKE A MOTION.
MR. FINNEY, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 5 ON APPLICATION OF ROB BALDWIN GRANT THE VARIANCE TO THE LANDSCAPE REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND 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 RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND ATTEND THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BDA 2 45 DASH THREE FIVE.
MR. FINNEY MOVED TO GRANT THE REQUEST FOR A VARIANCE TO THE LANDSCAPE REQUIREMENTS.
IS THERE A SECOND? SECOND SECONDED BY MR. KOVICH DISCUSSION ON THE MOTION, MR. FINNEY? UH, YES.
UM, SO I THINK THE, THE DECISION WAS PRETTY CLEAR, UM, AFTER MR. BALDWIN, YOU KNOW, UH, DEFENDED THE, THE PLACEMENT OF THE, THE PARKING LOT ON THIS SITE, THE SITE CONSTRAINTS, UM, ARE, ARE VERY LIMITING.
AND SO, UM, I THINK IT IS CONSISTENT WITH THE PUBLIC'S INTEREST TO, UH, TO GRANT THE VARIANCE FOR THE LANDSCAPE.
DISCUSSION ON THE MOTION, MR. KOVI? UH, I CONCUR WITH MR. FINNEY.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IS TO GRANT THE VARIANCE, UH, REQUEST HEARING NONE.
THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER BDA 2 45 DASH 0 3 5.
THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE GRANTS THE REQUEST FOR THE VARIANCE FOR THE SPECIAL, UH, VARIANCE FOR THE LANDSCAPE REQUIREMENTS.
UM, DID YOU WANT TO ASK YOUR QUESTION FIRST BEFORE THE MOTION ON THIS? OR DID YOU WANNA MAKE YOUR MOTION AND THEN ASK THE QUESTION WHETHER YOU'RE TYING IT TO SOMETHING ELSE? UH, SO, UH, NO, IT'S, IT'S OKAY.
UH, THE CHAIRMAN ENTERTAIN A MOTION THIS HAS DID WITH PARKING FOR 2 4 5 0 3 5 MR. CHAIR, I'D LIKE TO MAKE A MOTION.
MR. FINNEY, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 0 3 5 ON APPLICATION OF ROB BALDWIN GRANT THE 10 FOOT VARIANCE TO THE PARKING REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
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 PLANS ARE REQUIRED IN THE MATTER OF BDA 2 4 5 DASH 0 3 5.
MR. FINNEY MOVED TO GRANT THE REQUEST FOR, UH, A 10 FOOT VARIANCE REGARDING TO PARKING REGULATIONS.
SECONDED BY MR. HOCK DISCUSSION ON THE MOTION, MR. FINNEY? UH, AGAIN, I THINK THE SITE CONSTRAINTS MAKE A PRETTY CLEAR CASE.
UM, AND, UM, UH, THERE'S REALLY NO, NOTHING FURTHER TO DISCUSS.
MR. HOP, IT'S DISCUSSION IN THE MOTION.
UH, WHAT WAS VERY UNCLEAR THIS MORNING, YOU HELPED MAKE VERY CLEAR THIS AFTERNOON.
ANY OTHER DISCUSSION IN THE MOTION? THE MOTION ON THE FLOOR IS TO GRANT THE REQUEST FOR A PARKING 10 FOOT VARIANCE TO PARKING REGULATION.
THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION TO GRAHAM PASSES FIVE TO ZERO IN THE MATTER BDA 2 4 5 DASH THREE FIVE, THE BOARD UNANIMOUSLY AND A FIVE TO ZERO VOTE GRANTS THE REQUEST FOR 10 FOOT VARIANCE FOR PARKING REGULATIONS.
[02:00:01]
YOU, SIR, YOU'LL GET A LETTER, UM, FROM OUR BOARD ADMINISTRATOR MOMENTARILY.NEXT CASE TO BE, UH, TO BE HEARD BY THE BOARD IS BDA 2 4 5 DASH 0 3 3 2 4 5 DASH 0 3 3.
IS THE APPLICANT HERE? YES, SIR.
I'M RECOGNIZING MR. HA KOVICH.
MR. CHAIRMAN, I'M REQUESTING TO BE RECUSED FROM THIS CASE FOR THE REASON THAT I HAVE KNOWN THE APPLICANT FOR DECADES.
WE HAVE MANY FRIENDS IN COMMON AND, AND I WISH TO AVOID ANY APPEARANCE OF ANY CONFLICT.
YOU'RE EXCUSED FROM THE CHAMBER.
UM, DON'T LEAVE THE BUILDING, JUST LEAVE THE CHAMBER.
UM, AND THERE'S BEEN NO CONVERSATION BETWEEN MR. HAVI AND ANYONE ELSE REGARDING THIS CASE.
HE'S GONNA FILL OUT A, UM, CONFI OF INTEREST RECUSAL FORM WITH THE CITY SECRETARY AND THEN FILE THAT ACCORDINGLY.
UH, SO, UH, 4 0 4 TO GET ANYTHING DONE HERE, ROB BALDWIN 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
MARK, IF YOU'RE GONNA SPEAK, YOU MIGHT WANNA STAND UP.
IF YOU'RE GONNA SPEAK, YOU NEED TO GET SWORN IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, HOW MANY SPEAKERS DO WE HAVE REGISTERED FOR? 2 4 5 0.
THREE THREE SPEAKER? UM, THE REPRESENTATIVE, IS HE THE APPLICANT? HE'S THE OWNER.
HE MAY SPEAK IT, HE'S THE OWNER IF NEEDED.
SO IS THIS GENTLEMAN SPEAKING MR. BALDWIN OR NOT? HE MAY.
UH, SO IF HE, IF HE MAY, HE NEEDS TO FILL OUT A BLUE SHEET NOW WHILE YOU'RE SPEAKING.
IF HE'S, THEN YOU CAN DECIDE WHETHER YOU WANT HIM TO BRING IN FOR REINFORCEMENTS OR NOT.
IS THERE ANYONE IN OPPOSITION? NO OPPOSITION.
WELL, WE'RE GONNA GET YOU SOME.
ALRIGHT, MR. BALDWIN, IF YOU, UH, YOU'VE BEEN SWORN IN, GO AHEAD AND GIVE US YOUR NAME AND ADDRESS AND THEN PROCEED.
3 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
AND I'M HERE REPRESENTING STANLEY'S IN THIS REQUEST.
BEFORE WE GET TOO FAR INTO MY PRESENTATION, I WANNA LET YOU KNOW THAT THE QUESTION THAT CAME UP AT THE BRIEFING SESSION ABOUT THE OPACITY, THAT'S NOT AN ISSUE ANYMORE, THAT THAT SHOULD HAVE BEEN NOT ADVERTISED.
WE'VE RESOLVED THAT ISSUE PREVIOUSLY SO THAT WE ARE NOT ASKING FOR ANY OPACITY CHANGES.
SO TO BE CLEAR, YOU AS THE APPLICANT ARE WITHDRAWING YOUR REQUEST FOR FENCE OPACITY.
SO, UM, SO THAT'S DULY NOTED AND CONSIDERED WITHDRAWING? YES.
SO, UH, WE'LL GET TO THAT ISSUE IN A MINUTE BECAUSE OF THE SIDE PLANS, BUT, OKAY.
SO WHAT'S BEFORE US IS A REQUEST FOR A SPECIAL EXCEPTION OF THE HEIGHT REGULATIONS, UH, FOR THE, THE SIDE BACK, RIGHT, AND THE FRONT.
BUT YOU'LL SPECIFY, YOU'LL CLARIFY THAT.
FIRST OF ALL, I'D LIKE TO INTRODUCE AMBASSADOR MARK STANLEY.
HE WAS FORMER, UH, AMBASSADOR FOR THE UNITED STATES.
JUST FINISHED UP HIS, HIS TOUR.
HE'S BACK LIVING IN HIS HOME HERE ON BURY.
AND THE PURPOSE OF THIS, UH, REQUEST IS TO HELP PROVIDE SECURITY.
THE US MARSHAL'S OFFICE SUGGESTED THAT HE BEEF UP HIS SECURITY A LITTLE BIT.
UM, HE'S, THERE'S PEOPLE IN IRAN AND VENEZUELA IS NOT A BIG FAN OF AMBASSADOR STANLEY.
AND WE NEED TO DO WHAT WE CAN TO, TO PROTECT HIM AFTER SERVING OUR COUNTRY.
SO THAT'S THE, THAT'S THE GENESIS OF WHY WE ARE HERE TODAY.
AND OF COURSE, YOU'VE ADVISED YOUR CLIENT THAT OUR CRITERIA IS NOT ADVERSELY AFFECTING NEIGHBORING PROPERTY.
BUT, BUT NOW OTHER THINGS ARE INFORMATION, BUT THAT'S OUR CRITERIA.
BUT IT'S NOT EVERY DAY I GET TO, UH, SPEAK WITH AN MUCH LESS REPRESENTED AMBASSADOR.
SO IT'S, UH, I'M, I'M TOOTING MY OWN HORN A LITTLE BIT.
UH, YOU CAN SEE IT HAS A MID BURY DRIVE ADDRESS, BUT IT JUST HAS VERY LITTLE FRONTAGE ON MID, UH, AS, UH, MR. THOMPSON POINTED OUT EARLIER.
THEN IT BURY TURNS INTO AN ALLEY ON BOTH SIDES TO GIVE ACCESS.
AND THE PROPERTY DOES HAVE DOUBLE FRONTAGE AND FRONTS ALSO ON ST.
MICHAEL'S FRONTAGE RECEIVED A FENCE VARIANCE IN 1999.
UM, THE REASON THAT WE'RE COMING BACK IS TO ALLOW
[02:05:01]
FOR A, A FENCE TALLER THAN FOUR FEET ON BURY DRIVE AND TO MOVE THE, ALLOW US TO MOVE THE FENCE THAT CONNECTS TO ST.MICHAEL'S A LITTLE BIT TO THE WEST.
UH, PREV, THIS IS WHAT THE HOUSE LOOKS LIKE ON MID BURY.
THIS IS JUST LOOKING ASKANCE AT IT.
AND YOU'LL SEE THAT THERE IS AN EXISTING SIX OR SEVEN FOOT FENCE THAT'S NOT ON OUR PROPERTY, THAT IS THE BACKYARD FENCE OF OUR NEIGHBOR ON ST.
SO, UM, THERE WAS ALREADY A FENCE IMMEDIATELY ADJACENT TO OUR PROPERTY.
SO WE'RE ASKING FOR A FENCE TO BE SIX FEET IN HEIGHT AND IT, IT'S GONNA BE A COMBINATION OF BOTH OPEN DECORATIVE IRON WITH STONE COLUMNS AND SOLID WOOD.
THE SOLID WOOD IS PUSHED BACK ABOUT 20 FEET FROM THE STREET, AND THAT'S WHERE THE GATE IS.
SO THE ISSUE WITH OPACITY IS YOU, IF YOU HAVE A SOLID FENCE PANEL WITHIN FIVE FEET OF A OF PROPERTY LINE, THEN YOU HAVE TO ASK FOR THE OPACITY.
NOWHERE ARE WE WITHIN FIVE FEET WITH A SOLID FENCE.
SO THIS, THIS SHOWS THE, THE CYAN COLORED LINE IS THE SOLID FENCE.
UH, THE GREEN LINE IS OPEN DECORATIVE WROUGHT IRON WITH MASONRY COLUMNS.
UM, THE WHY WE'RE ASKING FOR THE, THE ST.
MICHAEL'S ONE IS CURRENTLY THERE'S A PORTAL, UH, THAT GOES FROM MID BURY DRIVE TO ST.
MICHAEL'S THAT IS ALL ON THE, THE STANLEY'S PROPERTY.
AND THEY'VE HAD IT OPEN TO ALLOW THE NEIGHBORS TO, TO ACCESS THE STREET.
IT'S BEEN SUGGESTED TO THEM BY SECURITY PROFESSIONALS TO BLOCK THE ACCESS TO THAT.
SO WE'RE MOVING THE FENCE TO THE PROPERTY LINE ON BOTH SIDES.
AND THAT, THAT ADD THAT'S REQUIRES US TO ASK FOR THE, THE PORTION OF THE FENCE UP AT, UH, ST.
MICHAEL'S TO BE RELOCATED, UH, ABOUT, I THINK IT'S EIGHT FEET TO THE WEST.
SO THAT'S THE ONLY CHANGE ON THE ST.
SO THIS IS WHAT IT LOOKS LIKE.
JUST SINCE YOU'VE GOT IT HERE.
ALRIGHT, SO MID BURY CIRCLE IS THE END OF THE CUL-DE-SAC, RIGHT? YES, SIR.
ALRIGHT, SO WHERE'S THE DRIVEWAY? HERE? OH, THERE IT IS.
IS KIND OF DEAD CENTER BELOW THE BLUE LINE.
SO IT SAYS SOLID FENCE, BUT YOU SAID IT'S NOT SOLID PIECE.
IT'S NOT, THERE'S NO O OPACITY ISSUES? OR IS THAT BEYOND THE FIVE FEET? IT'S BEYOND THE FIVE FEET.
THE SOLID FENCE IS 20 FEET BE BEHIND THE PROPERTY LINE.
AND THE HOUSE, IS THIS SHADED ON THE YES SIR.
TOP RIGHT CORNER? THAT'S THE EXISTING HOUSE.
AND THE DOTTED LINE IS THE SETBACK FOR, UH, FRONT YARD? YEAH.
I'M JUST TRYING TO GET MY BEARINGS.
YEAH, SO, AND AS YOU FOLLOW THE GREEN LINE, BASICALLY WHERE THE GREEN LINE DEAD ENDS INTO BURY AND STARTS HEADING EAST OR PLAN EAST, THAT'S AN ALLEY.
SO WE'RE SHOWN IT AS A FRONT YARD, JUST SO THERE'S NO DISCREPANCY WHEN WE GET TO PERMITTING, BUT TECHNICALLY THAT BECOMES AN ALLEY AT THAT POINT AND BECOMES A SIDE YARD.
BUT, UM, SO WE THINK THE FENCE IS REASONABLE.
IT'S SET BACK, UH, WHERE IT'S SOLID, UH, WHERE IT'S AT THE FRONT, IT IS OPEN AND, UM, WE THINK THAT IT'S NOT, WOULD NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES.
UM, I'VE SENT LETTERS TO ALL OUR PROPERTY OWNERS, UH, WITHIN THE NOTIFICATION AREA.
I'VE HEARD FROM THREE AFTER I EXPLAINED WHAT WE'RE DOING.
THEY, THEY SEEM SUPPORTIVE OF IT.
UH, AND I KNOW THAT THE STANLEY'S HAVE ALSO SPOKEN WITH SEVERAL OF THEIR NEIGHBORS, UH, AND, AND WE KNOW OF NO OPPOSITION.
UM, I'M HERE TO ANSWER ANY QUESTIONS.
UH, MARK, DID YOU WANNA SAY ANYTHING? YOU DON'T HAVE TO DO YOU, UNLESS YOU HAVE QUESTIONS FOR THE AMBASSADOR.
UH, ALL RIGHT, I'LL, I'LL, I'LL LET YOU FINISH AND THEN WE'LL GO FROM I'M DONE.
UH, QUESTIONS FOR THE APPLICANT? MR. FINNEY? UM, SO YOU MENTIONED THERE WAS A PORTION THAT WAS, UH, PREVIOUSLY OR CURRENTLY, UH, ALLOWING ACCESS FROM THE END OF THE CUL-DE-SAC TO RIGHT THERE, THERE'S A PORTAL ON THE, ON THE STANLEY PROPERTY ON THE WEST SIDE OF THE, THE STANLEY PROPERTY.
THAT'S NOT A PUBLIC ACCESS EASEMENT.
IT, THE STANLEY HAS JUST ALLOWED PEOPLE TO, TO ACCESS THAT FOR WHAT, 10, 15 YEARS LONG? 26 YEARS.
WHEN YOU SAY PORTAL, YOU MEAN A GATE? A GATE, AN ENTRYWAY.
WHY DON'T YOU COME AND EXPLAIN THAT.
YOU'LL, YOU'LL NEED TO, UH, GIVE US YOUR NAME AND ADDRESS AND THEN BE SWORN IN BY OUR
[02:10:01]
BOARD SECRETARY PLEASE.7 4 0 3 MID BURY DRIVE, DALLAS, 7 5 2 3 0.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
CAN I MAKE ONE SMALL CORRECTION ON WHAT MR. BALDWIN SAID? WHEN WE GOT THE VARIANCE ON MID BURY, WE GOT THE VARIANCE.
AFTER WE BOUGHT THE RIGHT OF WAY FROM THE CITY, THE CITY HAD A RIGHT OF WAY TO BUILD A STREET ALL THE WAY THROUGH MID BURY TO GO ALL THE WAY TO ST.
SO IN 99 I BOUGHT THE RIGHT OF WAY JUST AS WE ALSO BOUGHT THE ALLEY, UH, GOING EAST.
AND SO, UH, THAT WAS LATER, BUT THE RIGHT OF WAY GAVE US THAT WAY.
BUT I DECIDED TO KEEP A SMALL PATH FOR NEIGHBORS IF THEY WANTED TO WALK THROUGH.
SO I BUILT A GRAVEL PATH AND I BUILT A FENCE AND I LEFT THEM ABOUT, IS IT FOUR OR FIVE FEET? FOUR OR FIVE FEET BETWEEN MY HOUSE AND JANIE SCHULTZ'S HOUSE SO THAT THEY COULD WALK THROUGH, UH, TO GET TO ST.
MICHAEL'S AND GO TO KRAMER SCHOOL.
UM, RIGHT NOW I GREW UP TWO HOUSES AWAY.
IT'S BEEN MY WHOLE NEIGHBORHOOD.
I'VE LIVED THERE NOW ALMOST 65 YEARS, SIX, SEVEN YEARS, 80, 90% OF MY LIFE IN THAT RIGHT, THAT AREA.
AND SO I WANTED TO KEEP IT THAT WAY, BUT RIGHT NOW MY SECURITY OFFICIALS HAVE TOLD ME, STOP THAT.
AND SO, UH, JANIE AND I HAVE AGREED WE'RE GONNA CLOSE OFF THAT PATH.
AND SO I'M MOVING MY FENCE THE FOUR FEET OVER, UH, TO BLOCK THAT OFF.
IT'S BEEN MY PROPERTY THE WHOLE TIME.
I JUST ALLOWED PEOPLE TO WALK THROUGH IT.
I DON'T WANT PEOPLE TO WALK THROUGH MY SIDE YARD ANYMORE.
SO THEY CAN STILL GET THROUGH.
UH, THERE'S A, YEMENI IS AN OPEN STREET AND NORTH HAVEN IS AN OPEN STREET.
SO IT'S REALLY, IT'S NOT A GREAT INCONVENIENCE FOR ANYBODY.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? ANY OTHER QUESTIONS FOR THE APPLICANT? AND YOU SAID NO, NO ONE'S SPEAKING IN OPPOSITION.
UM, THE CHAIR, MR. NER, I DO, UH, DID WANT TO THANK MR. BALDWIN FOR CLARIFYING THE OPACITY ISSUE FOR US.
'CAUSE THAT, THAT WAS MY PRIMARY CONCERN WITH THIS PARTICULAR CASE.
THE CHAIR WOULD ENTERTAIN A MOTION IN, IN OUR LANGUAGES, IT'S MOTION ONE OF THREE AND THREE OF THREE.
MOTION TWO OF THREE WAS WITHDRAWN.
SO, CLARIFY ON THE RECORD FOR YOU, FOR ME, HE'S GONNA TELL ME, WE STILL HAVE TO ACT ON IT.
WE DON'T HAVE TO ACT ON IT, BUT IF YOU DON'T ACT ON IT, IT WILL BE CONSIDERED, UM, DENIED PREJUDICE.
AND SO BY MAKING IT DENIED, IF YOU WERE TO MAKE A MOTION TO DENY WITHOUT PREJUDICE, IN THE EVENT THAT MR. BALDWIN OR, UH, AMBASSADOR STANLEY DECIDES TO COME BACK BEFORE THE BOARD, THEY WOULD BE ABLE TO DO SO.
IF IT IS DENIED WITH PREJUDICE, THEN THERE'S THE TWO YEAR MORATORIUM.
OKAY? SO THE CHAIR WOULD, WOULD ENCOURAGE US TO ACT SO THAT WAY IT'S WITHOUT, AND UNLESS THAT'S NOT THE MAJORITY'S OPINION.
SO, MR. NER, WOULD YOU LIKE TO MAKE A MOTION? UH, THANK YOU MR. CHAIRMAN.
YOU'RE GONNA DO FIRST ONE? YEAH.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND A APPEAL, NUM APPEAL NUMBER BDA 2 4 3 DASH 0 3 3 ON APPLICATION OF ROB BALDWIN.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT, SIX INCH HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BDA TWO, EXCUSE ME, BD 2 45 DASH 0 3 3.
MR. NRI HAS MOVED TO GRANT THE REQUEST FOR A, UH, SPECIAL EXCEPTION TO THAT FENCE HEIGHT.
UH, IS THERE A SECOND? I SECOND.
DISCUSSION ON THE MOTION? MR. NRI? UH, THANK YOU, MR. CHAIRMAN.
UM, YEAH, I I BELIEVE THAT THE REQUEST IS A REASONABLE ONE.
UM, IT'S, IT'S NOT, UH, EXCESSIVE HEIGHT.
I THINK SIX FOOT SIX IS, IS VERY REASONABLE, UH, GIVEN THE INFORMATION THAT HAS BEEN PRESENTED TO US, UH, TODAY.
I FEEL ENOUGH CLARITY HAS BEEN PROVIDED ON, UH, THIS CASE.
AND, UH, I DON'T HAVE ANY RESERVATIONS.
VERY GOOD DISCUSSION ON THE MOTION.
[02:15:01]
TO ME THE MOST IMPORTANT THING IS, UH, YOU KNOW, REACHING OUT TO YOUR NEIGHBORS AND MAKING SURE THAT IT'S NOT, UH, THERE'S NO CONSENSUS OR FEEDBACK FROM THEM, THAT IT'S, THERE MIGHT BE ANY ADVERSE, UH, EFFECTS ON THEM.AND IT SEEMS CLEAR THAT YOU'VE, YOU'VE DONE THE DUE DILIGENCE OF, OF TALKING WITH YOUR NEIGHBORS.
AND SO THAT'S WHY WE WILL BE, UH, VOTING FOR THE MOTION.
MS. BOARD SECRETARY CALL THE CALL THE A VOTE.
THIS, THE, THE MOTION ON THE FLOOR IS TO APPROVE, TO GRANT A REQUEST.
DR. GRANT, THE REQUEST FOR SIX FOOT SIX HU HIGH SPECIAL EXCEPTION MR. FINNEY.
MOTION TO GRANT PASSES 4 2 4 2 0 IN THE MATTER OF BDA 2 4 5 0 3 3.
THE, THE BOARD UNANIMOUSLY GRANTS THE REQUEST FOR A SPECIAL EXCEPTION, UH, TO, UH, AT SIX FOOT SIX INCH HIGH, UM, BY A VOTE OF 40 ZERO.
IT SHOULD BE NOTED FOR THE RECORD, UH, MR. KOVI HAS RECUSED HIMSELF AND LEFT THE ROOM FOR THAT DISCUSSION.
NEXT MOTION IS TWO OF THREE, MR. NER.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 3 ON APPLICATION OF ROB BALDWIN DENY THE SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY IN THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER BDA 2 4 5 0 3 3.
UH, MR. NER HAS MOVED TO DENY THE REQUEST WITHOUT PREJUDICE FOR A SPECIAL EXCEPTION FOR, UH, OPACITY OF LESS THAN 50%.
SECONDED BY MR. FINNEY DISCUSSION OF THE MOTION, MR. NARY, UM, YES.
PER, PER THE WISHES OF THE APPLICANT, UM, THIS OPACITY ISSUE HAS BEEN ADDRESSED AND IT'S THEIR INTENTION TO WITHDRAW.
SO THAT IS THE REASON FOR THIS MOTION TO DENY WITHOUT PREJUDICE.
ANY OTHER DISCUSSION OF THE MOTION? UH, THE MOTION ON THE FLOOR IS 2 4 5 0 3 3.
THE MOTION BY MR. N AND SECONDED BY MR. FINNEY TO DENY WITHOUT PREJUDICE, MS. BOARD SECRETARY, MR. N AYE.
MOTION TO DENY PASSES FOUR TO ZERO IN THE MATTER OF BDA 2 4 5 DASH 0 3 3.
THE BOARD UNANIMOUSLY ON A VOTE OF 40 ZERO DENIED THE REQUEST FOR SPECIAL EXCEPTION REGARDING OPACITY WITHOUT PREJUDICE.
UH, IT IS FOR THE RECORD TO NOTED THAT MR. KOVICH HAS RECUSED HIMSELF AND WAS NOT IN THE CHAMBER FOR DELIBERATIONS OR VOTE.
THREE OF THREE FOR 2 4 5 0 3 3.
MR. NRI, THANK YOU MR. CHAIRMAN.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 3 ON APPLICATION OF ROB BALDWIN GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT SIX INCH HIGH FENCE ALONG ST.
MICHAEL'S DRIVE, AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BDA 2 4 5 DASH 0 3 3.
MR. NERI HAS MOVED TO GRANT THE REQUEST FOR A SIX FOOT SIX INCH HIGH SPECIAL EXCEPTION.
UH, IS THERE A SECOND? I ANDREW FINNEY SECOND.
MR. FINNEY IS SECONDED THE MOTION DISCUSSION ON THE MOTION.
MR. NERI? UM, JUST TO REITERATE MY PREVIOUS COMMENTS ON THE FIRST MOTION, I THINK THIS REQUEST IS VERY REASONABLE GIVEN THE INFORMATION THAT WE'VE BEEN PRESENTED WITH AND FURTHER, THERE IS NO OPPOSITION FROM THE NEIGHBORHOOD.
MR. FINNEY AGAIN, UM, YOU KNOW, THE, THE, THE NUMBER ONE WAY THAT WE MEASURE THE ADVERSE EFFECTS ON NEIGHBORING PROPERTIES IS, UM, LOOKING AT HOW WELL THE APPLICANT MADE EFFORTS TO, UH, TALK TO AND RECEIVE FEEDBACK FROM HIS NEIGHBORS.
AND, UH, THE APPLICANT HAS CLEARLY DONE A THOROUGH JOB OF THAT IN THE MATTER.
TWO BDA 2 4 5 0 3 3 THE BOARD SECRETARY WILL CALL THE VOTE
[02:20:01]
MR. NI.MOTION TO GRANT PASSES FOUR TO ZERO IN THE MATTER BDA 2 4 5 DASH 0 3 3, THE BOARD OF ADJUSTMENT UNANIMOUSLY BY A VOTE OF 40 ZERO GRANTS THE REQUEST TO, TO FOR A SIX FOOT, SIX INCH HIGH SPECIAL FENCE ALONG ST.
MICHAEL'S JOB AS A SPECIAL EXCEPTION, YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
AND, AND MR. CHAIRMAN, IF I MAY MAKE A POINT OF PERSONAL PRIVILEGE, I WOULD LIKE TO THANK AMBASSADOR STANLEY AND HIS WIFE WENDY, FOR THEIR SERVICE TO THE COUNTRY DOWN IN ARGENTINA.
WE DO VERY MUCH APPRECIATE THAT.
WITH THIS LAST VOTE, ALSO FOR THE RECORD, MR. HOPKOS HAD RECUSED HIMSELF AND WAS NOT IN THE CHAMBER FOR DELIBERATION OR THE VOTE.
ALRIGHT, MR. MR. HOPKOS HAS RETURNED TO THE CHAMBER.
UM, OKAY, THE NEXT ITEM FOR OUR AGENDA IS 2 4 5 DASH 0 3 8 2 4 5 DASH 0 3 8.
THIS IS AT 4 4 6 3 BROOKVIEW DRIVE IS THE APPLICANT HERE, OF COURSE.
I'M SORRY, YOU'RE LIKE A SEQUEL.
YOU KNOW, AT SOME POINT, REMEMBER MR. BALDWIN, AT SOME POINT IN TIME YOU PEOPLE STOP WATCHING THE SEQUEL.
THE THIRD OR FOURTH TIME, YOU KNOW, THE TERMINATOR, YOU START OUT GREAT AND BY THE END YOU WANNA TERMINATE.
AND THE PEOPLE IN THE AUDIENCE THAT DON'T KNOW ME ARE GOING, WHO IS THIS GUY?
SO IT'S NOT ALWAYS LIKE I, JUST FOR THE RECORD, THIS JESTING BY THE CHAIRMAN IS ALL JUST IN FUN, THIS DOESN.
I JUST GET RANDOMLY ASIDE TO BOARDS AND YEAH.
AND, AND, AND FOR THE RECORD, UH, LET'S BE VERY CLEAR FOR THE RECORD, OUR RULES OR PROCEDURE OR SUCH THAT WHEN AN APPLICANT FILES THE CASE WITH THE CITY STAFF, OUR BOARD SECRETARY MARY WILLIAMS, WHICH IS NOT INVOLVED IN OUR DELIBERATIONS, RANDOMLY ASSIGNED CASES AMONGST THE PANELS.
BDA 2 4 5 DASH 0 0 3 8 AT 4 4 6 3 BROOKVIEW DRIVE.
MR. BALDWIN, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE B, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUST? YES, I DO.
BEFORE WE START, UH, SPEAKERS, WE HAVE MR. BOWEN AS REPRESENTATIVE AND WE HAVE FIVE MEMBERS IN OPPOSITION.
AND I ALSO HAVE MY LANDSCAPE ARCHITECT HERE AS A TECHNICAL RESOURCE IF NEEDED.
UH, HAS HE FILLED OUT A BLUE SHEET? YES.
SO WE HAVE TWO, TWO SPEAKERS IN FAVOR AND FIVE IN OPPOSITION.
I'LL BE VERY CLEAR FOR OUR RULES.
I, I RETRACT, UM, IT IS FOUR IN OPPOSITION AND ONE MORE MR. HARRELL, OR IS HE THE LANDSCAPE ARCHITECT OR IS THAT IN ADDITION TO THAT OPPOSITION.
BUT ALRIGHT, SO, OKAY, WE'VE GOT TWO SPEAKING IN FAVOR AND FOUR IN OPPOSITION, CORRECT? JUST, JUST FOR, FOR EVERYONE TO UNDERSTAND OUR RULES OF PROCEDURE.
THE RULES STATE THAT THE APPLICANT'S GIVEN FIVE MINUTES PLUS OR MINUS.
THEN ANYONE ELSE SPEAKING IN FAVOR THE SAME FIVE MINUTES, THEN ANYONE IN OPPOSITION THE SAME FIVE MINUTES.
UH, AND THEN THE APPLICANT'S ALLOWED A FIVE MINUTE REBUTTAL.
I GENERALLY LIKE TO GIVE THE APPLICANT AS MUCH REASONABLE TIME AS HE OR SHE NEEDS, BUT I WILL GIVE THAT SAME AMOUNT OF TIME TO ANYONE AND EVERYONE ELSE.
SO EVERYONE HAS A FAIR SHOT OF THE, THE, OF ADDRESSING THE BOARD.
THE ONLY PORTION YOU DON'T GET IS THE REBUTTAL THAT IS RESERVED FOR THE APPLICANT.
BUT THE INITIAL PRESENTATION, EVERYONE GETS THE SAME AMOUNT OF TIME.
SO YOU, YOU'RE WELCOME TO USE WHATEVER TIME YOU NEED.
AND THEN I WILL GIVE THE SAME TIME TO EVERYONE ELSE.
ROB BALDWIN 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
WE'RE REPRESENTING THE KLEIN FAMILY.
A LITTLE BIT CLOSER TO THE MICROPHONE REPRESENTING THE KLEIN FAMILY IN THIS AT 4 4 6 3 BROOKVIEW DRIVE.
THE, THE PROPERTY IS LOCATED NO, OF NORTHWEST HIGHWAY WEST OF, UH, DALLAS, NORTH TOLLWAY, KIND OF JUST WEST OF PRESTON HOLLOW, PROPER NORTH OF BLUFF VIEW.
THIS IS, THIS KIND OF SHOWS YOU THE, THE NEIGHBORHOOD LAYOUT WHERE TO THE EAST, LARGER ESTATE LOTS IN THE WEST.
YOU STILL GOT LARGE LOTS, BUT IT'S MORE IN A RECTANGULAR, UH, GRID PATTERN.
SO THIS IS THE KLINE RESIDENCE.
THEY'RE PROPOSING TO, TO BUILD A NEW FENCE ON THE PROPERTY, UH, TO A TOTAL HEIGHT OF SIX FEET.
THIS IS THE SITE PLAN WITH BROOKVIEW BEING ON THE LEFT.
YOU CAN SEE THOSE TWO RED TRIANGLES THAT SHOW THAT WE'RE NOT ENCROACHING INTO THE SITE VISIBILITY TRIANGLE
[02:25:01]
AT ALL.AND THAT SHOWS THAT THE FENCE WILL BE APPROXIMATELY 20 TO 25 FEET AWAY FROM THE EDGE OF PAVEMENT.
UH, WHERE WE HAVE THE SOLID PORTION OF THE FENCE.
IT, UH, IS IN THE ORANGE ON THIS SLIDE.
UH, IT IS ALSO PUSHED BACK ADDITIONAL, UH, THREE TO FOUR FEET.
SO THIS IS THE EXISTING, THE HOUSE AND THE EXISTING FENCE ON THERE.
UH, THE PROPOSED TO TAKE THE FENCE UP TO SIX FEET TALL.
THIS IS LOOKING AT THE, THE HOUSE DOWN THE STREET.
UH, AS YOU CAN SEE, THERE ARE OTHER, THERE'S HEDGES, LANDSCAPING, UH, OTHER, UH, FENCE LIKE STRUCTURES ON THE PRO, UH, IN THE VICINITY.
THIS IS A BLOW UP OF THE SITE PLAN SHOWING WHERE THE SOLID FENCE IS IN ORANGE.
SO THIS IS WHAT YOU, YOU WERE, THIS IS THE, UH, ELEVATIONS OF THE FENCE THAT YOU WERE GIVEN.
AND, UH, THE NEXT SLIDE WILL SHOW YOU THAT THIS FENCE IS A LOT MORE OPEN THAN THIS WOULD LEND YOU TO BELIEVE.
UM, THE ONLY PORTIONS THAT ARE, UH, REALLY NOT OPEN ARE THE AREAS THAT HAVE NO CROSS HATCHING ON.
EVERYTHING ELSE IS A, A, A REALLY COOL, UH, PANEL THAT IS OPEN.
SO THIS IS KIND OF, IF YOU CAN SEE THE FENCE, UH, TOWARDS THE, THAT IS WHAT THE DEFENSE WILL LOOK LIKE FOR A MAJORITY OF IT OPEN.
AND IT'S NOT YOUR TYPICAL ROD IRON, YOU KNOW, THE THIN, UH, THE THIN RODS WITH THE, THE ARROWS ON THE TOP.
THIS IS MORE OF A RECTAL LINEAR FENCE.
UH, BUT IT IS, IT'S, IT'S OPENED, UH, WAY MORE THAN 50% OPEN.
THIS IS ANOTHER SLIDE SHOWING, UH, WHAT THAT, THAT FENCE PATTERN LOOKS LIKE.
UH, AND THIS, THIS IS TALLER THAN SIX FEET, BUT THIS WILL GIVE YOU AN IDEA OF WHAT THAT LOOKS LIKE.
AGAIN, UH, HOW THAT FENCE FITS IN AND WHAT IT LOOKS LIKE.
SO THE REQUEST IS TO ALLOW FOR A FENCE UP TO SIX FEET TALL IN THE FRONT YARD SETBACK.
UM, AND TO HAVE A PORTION OF THE FENCE OVER 50%, UH, OPAQUE.
AND THAT'S JUST, UH, ON THE GATE, UH, THE GATES AND ON THE WING WALLS ON THE OTHER SIDE OF THE GATE WHERE YOU HAVE A HALF WALL.
UH, AND THEN THE OPEN MESH ON TOP OF IT.
SO THE, THE BOTTOM HALF OF THE FENCE WOULD BE SOLID AND TOP HALF WOULD BE, UH, OPEN.
AND IF YOU, IF WE CAN GO BACK A COUPLE OF SLIDES, I'LL, UH, WHO'S WORKING MACHINE KEEP GOING.
UM, IF YOU LOOK AT THE VERY TOP ELEVATION, YOU'LL SEE WHERE, UH, YOU HAVE A SOLID MASONRY COLUMN, THEN YOU HAVE A HALF WALL THAT WOULD BE MASONRY.
AND THEN ON TOP OF THAT IS THE OPENING, UH, THE OPEN LATTICE WORK.
SO THAT'S MORE THAN 50% OPAQUE, BUT NOT MUCH MORE.
SO THAT, THAT'S THE ONLY PLACE WHERE IT IS.
AND KEEP IN MIND THAT WILL BE SET BACK, UH, ABOUT 20 FEET FROM THE PROPERTY, UH, FROM THE CURB.
SO THAT'S WHAT WE'RE REQUESTING.
UM, LIKE I SAID, I HAVE HAROLD LEIDNER, WHO'S THE LANDSCAPE ARCHITECT HERE TO ANSWER ANY TECHNICAL QUESTIONS.
AND DOES SHE HAVE ANYTHING TO ADD NOW, HAROLD? OKAY.
SO I'D LIKE TO LET HAROLD, UH, SAY A FEW WORDS AND THEN I, I STAND FOR ANY QUESTIONS.
HAVE YOU FILLED OUT ONE OF THOSE BLUE SHEETS, SIR? YES.
MARY, DO YOU HAVE THAT? OKAY, GOOD.
ALRIGHT, IF YOU GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
UH, MY NAME IS HAROLD LEIDNER AND IT'S 1601 SURVEYOR BOULEVARD, CARROLLTON, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, WELL, I THOUGHT I'D JUST RELAY JUST KIND OF MY EXPERIENCE TODAY.
I THOUGHT WE WERE PRETTY MUCH AS WE GOT HERE UNCONTESTED, AND THEN ROB SAID THERE WERE SOME PEOPLE THAT WERE CONTESTING IT AND IT MADE ME KIND OF SAY, OKAY, SO WHAT'S GOING ON AND WHAT DO WE GOT HERE? AND I, SO I DROVE THROUGH THE NEIGHBORHOOD JUST TO SEE WHO WAS CONTESTING IT.
AND, UM, IT HAD KIND OF DAWNED ON ME, WHICH I KNOW, 'CAUSE I'VE BEEN CON WORKING IN THE NEIGHBORHOOD.
THERE'S LIKE EVERY HOUSE IN THIS, ON THE ENTIRE STREETS UNDER CONSTRUCTION.
UH, IT'S, UH, IT'S REALLY, I, I GUESS IF I LIVED ON THE STREET, I WOULD HAVE
[02:30:01]
CONSTRUCTION FATIGUE AND, UM, I THINK IS, UH, IF I LIVED IN THE NEIGHBORHOOD, IT WOULD JUST BE, IT'D BE A BIT OVERWHELMING.IT'S A TRANSITIONING NEIGHBORHOOD FOR CERTAIN, UM, AND WHAT'S GOING ON THERE? THIS WAS ACTUALLY AN EXISTING HOUSE.
IT WASN'T REALLY A NEW HOUSE, SO WE'RE JUST UPDATING AND REMODELING.
BUT I THINK SO WAS EVERYONE, EVERYONE ELSE'S EITHER.
'CAUSE DIRECTLY ACROSS THE STREET'S, A BRAND NEW HOUSE AND TWO DOORS DOWN NEXT DOOR WAS A HOME THAT JUST FINISHED.
IT'S JUST, IT'S JUST KIND OF DOMINOING.
UM, EV EV YOU KNOW, ALL THE WAY AROUND THERE.
A COUPLE OF THE OPPOSITIONS WHEN I LOOKED, UH, WERE ON THE NEXT STREET IN, IN QUITE A DISTANCE AWAY.
BUT THERE WAS REALLY ONE CONSISTENCY ABOUT ALL THE HOMES OR ALL THE PEOPLE THAT WERE GENERALLY OPPOSING.
IT IS, THEY'RE PRETTY TYPICAL OF WHEN THE HOMES WERE BUILT, BUT NOW THEY LOOK PRETTY UNTYPICAL FOR THE NEIGHBORHOOD.
UH, IT'S, UM, IT'S, IT'S PROBABLY CHALLENGING, YOU KNOW, TO LIVE IN AN OLDER HOME WHEN ALL THESE NEW HOMES ARE COMING UP THERE.
BUT IT'S, UH, IT'S, IT'S REALLY A CHANGED NEIGHBORHOOD.
AND I THINK REALLY MY POINT IS THAT WE'RE, WE TRIED TO GET SOMETHING THAT WAS, THAT WAS STILL FITTING FOR THE NEIGHBORHOOD, SOMETHING THAT WOULD BE, THAT WOULD PROVIDE THEM JUST A LITTLE BIT MORE PROTECTION.
THEY DO HAVE YOUNG CHILDREN THAT SOMEBODY COULDN'T JUST HOP A FENCE, A FOUR FOOT FENCE AND GRAB A CHILD.
UH, WE WANTED IT STILL OPEN, BUT JUST ENOUGH TO GIVE IT A BIT MORE PROTECTION THAN FOUR FEET WOULD, WOULD PROVIDE.
YOU CAN SEE THERE'S AN EXISTING FOUR FOOT FENCE THERE, BUT IT'S, IT'S, I'M NOT SURE, UH, I WOULD FEEL A HUNDRED PERCENT COMFORTABLE IF IT WAS MY CHILDREN IN THE FRONT, BUT, SO IT'S, IT'S THAT, IT'S, IT'S UPDATING, IT'S MAKING IT FEEL PART OF THE NEIGHBORHOOD.
I DO EMPATHIZE WITH THE, BUT THE PEOPLE THAT WE'RE CON CONCERNED ABOUT ARE, OR OPPOSITION, IT'S, THEY ACTUALLY UNFORTUNATELY FEEL MORE OUTTA PLACE THAN ALL THE NEW CONSTRUCTION.
IT'S JUST, IT'S JUST THE WAY THE DALLAS GETS, IT'S MOVING FORWARD.
IT'S CHANGED, UH, THE PRESTON HOLLOW.
I, YOU KNOW, I I GREW UP IN THE NEIGHBORHOOD AND, UH, SO I I GET IT.
SO ANYWAY, THAT'S REALLY WHAT I WANNA SAY.
AND YOU KNOW, I I, I'LL APOLOGIZE IN ADVANCE FOR ALL THE PARKING AND STUFF GOING ON.
HOPEFULLY WE'LL GET IT CALMED DOWN QUICKLY AND, UH, IN THEIR NEIGHBORHOOD.
UH, WE HAVE FOUR SPEAKERS IN OPPOSITION.
MS. WILLIAMS, WOULD YOU CALL THE FIRST SPEAKER? OKAY, MR. DAVID FICK.
I LIVE AT 45 38 BROOKVIEW FEW.
MR. DO YOU, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UH, I'D FIRST LIKE TO ADDRESS SOME OF MR. WEIDNER'S COMMENTS.
HE SAYS IT'S A NA NEIGHBORHOOD IN TRANSITION AND IT IS VERY MUCH A NEIGHBORHOOD AT TRANSITION.
IN THE INTEREST OF TIME, I'M GONNA TRY TO REPRESENT ALL FOUR HOMEOWNERS HERE.
UM, YOU, YOU'RE EACH WELCOME TO SPEAK YOUR FIVE MINUTES.
AND IF YOU HAVE SPECIFIC QUESTIONS, YOU CAN ADDRESS THEM.
UH, BUT IT'S PROBABLY GONNA BE MORE OF THE SAME.
MR. LIGHTNER, AS I SAID, INDICATED IT'S A NEIGHBORHOOD IN TRA IN TRANSITION.
UH, WE'VE LIVED IN THE NEIGHBORHOOD FOR 42 YEARS.
UH, THE, THE OTHER PROTESTORS ARE LIVED THERE FOR 24 YEARS AND 12 YEARS.
UM, OVER THE LAST FOUR YEARS, THE NEIGHBORHOOD'S BEEN AN ABSOLUTE MESS WITH ALL OF THIS CONSTRUCTION, WITH VERY LITTLE SYMPATHY, UH, FROM THE BUILDERS.
DESPITE THE FACT THAT I PERSONALLY TALKED TO ALL OF THE BUILDERS.
I TOOK A PICTURE THIS MORNING OF, OF THE STREET AND, UH, I'D BE HAPPY TO PROVIDE IT TO THE BOARD.
BUT WE'VE HAD ENDLESS NOISE, FLAT TIRES, UH, BLOCKED STREETS, AND AGAIN, VERY LITTLE CONSIDERATION, UH, FROM THE, FROM THE BUILDERS.
UM, ALL OF US ARE, ARE DIRECTLY IMPACTED BY THE FENCE BEING PROPOSED.
UM, I'M NOT ARGUING HOME VALUES, UH, HAVE, BECAUSE THEY'VE BEEN PREVIOUSLY DISCUSSED.
UH, THE FENCE PROPOSAL IS JUST OUT OF CHARACTER FOR THE NEIGHBORHOOD.
UH, A HOUSE IMMEDIATELY WEST OF THIS PROPERTY, UH, SUBMITTED, UH, A BOARD OF ADJUSTMENT APPEAL LESS THAN A YEAR AGO.
UH, THE BOARD TOOK A VIRTUAL GOOGLE TOUR OF
[02:35:01]
THE NEIGHBORHOOD AND AGREED THAT THAT FENCE WAS OUTTA CHARACTER, UH, WITH THE NEIGHBORHOOD.THAT PROPERTY, UH, IF YOU NEED THE ADDRESS, I PUT IT IN MY FORMAL EMAIL WAS 44 4 7 BROOKVIEW DRIVE.
AND THEIR FENCE, UH, VARIANCE WAS DENIED BY THE BOARD.
UM, SO I BELIEVE THAT THE BOARD HAS TO BE CONSISTENT IN THEIR RULINGS.
AND IF ONE, ONE, UH, HOUSE IMMEDIATELY NEXT DOOR WAS NOT GRANTED A VARIANCE, I DO NOT BELIEVE THAT THIS HOUSE BEING CONSTRUCTED SHOULD BE GRANTED A VARIANCE.
UH, I HAVE TROUBLE WITH THE FENCE OF IFICATION AS WELL.
UH, ALTHOUGH, UH, MR. BALDWIN AND, AND MR. LEIDNER SAID IT'S LESS THAN 50%, THEY'RE APPLYING FOR GREATER THAN 50%, I MIGHT NOTE TO THE BOARD.
SO IN ESSENCE, WE'RE ALL VERY OPPOSED, UH, TO THIS SIX FOOT FENCE PROPOSAL.
I AM, AS YOU WERE SPEAKING, I WAS CHARTING.
I'M GONNA PASS DOWN TO MY BOARD MEMBERS THE EMAILS THAT WE SAW THIS MORNING, THE BRIEFING FOR FEEDBACK, UM, AND THE LETTERS WE DID RECEIVE FROM YOU.
UM, WHAT QUESTIONS DO WE HAVE FOR THIS GENTLEMAN? I HAVE ONE OR TWO FOR YOU.
UM, YOU SAID YOU LIVED, UH, I'M FOLLOWING MY CHART.
YOU LIVE AT 4 5 3 8 BROOKVIEW? CORRECT.
SO THAT'S WITHIN THE 200 FOOT NOTIFICATION AREA.
UM, OUR PROCESS IS ONE IN WHICH THE STATE LEGISLATURE SAYS, ANYTIME WE HAVE A REQUEST, WE NOTIFY ALL THE PROPERTY OWNERS WITHIN 200 FEET.
THERE IS NO, CAN I ADDRESS THAT STATEMENT? ONE SECOND.
THE, THE, THE LEGISLATURE SAYS THAT WHEN WE CALL A PUBLIC HEARING ON A ZONING CHANGE LIKE THIS, THAT WE NOTIFY PROPERTY OWNERS WITHIN 200 FEET OF THE MOST RECENT DECA LISTING.
AND WE SOLICIT FEEDBACK THAT IS NOT CONTROLLING THE LEGISLATURE DOES NOT SAY WHAT WE DO WITH THAT FEEDBACK.
IT JUST SAYS WE RECEIVE FEEDBACK.
SO THAT'S WHAT THIS PHASE IS, IS TO GET FEEDBACK.
SO YOU HAD A COMMENT ABOUT THAT? YES.
I'D LIKE TO ASK THIS QUESTION TO THE ATTORNEY.
UH, THE STATUTE STATES THAT THE NO, YOUR QUESTIONS COME TO THE CHAIRMAN.
I'LL ADDRESS IT TO THE CHAIR THEN.
THE STATUTE STATES THAT THE HOMEOWNERS WITHIN 200 FEET NEED, NEED TO BE, UH, NOTIFIED 10 DAYS BEFORE THE HEARING, CORRECT? UH, I, MY, UH, NOTICE ON FRIDAY SHOULD HAVE GOTTEN THIS SORT OF NOTICE RIGHT HERE LIKE THIS, CORRECT? I HAVE IT WITH ME.
I HAVE THE ENVELOPE THAT IT CAME IN, UH, I RECEIVED MINE ON FRIDAY AFTERNOON.
THE OTHER TWO WOMEN RECEIVED THEIRS, UH, ON YESTERDAY.
UH, SO YOU'RE IN VIOLATION OF THE, UH, 10 DAY, WELL, 10 DAYS.
UH, WELL, WHAT THE STATUTE SAYS, AND IT'S CODIFIED BY OUR CITY CODE, AND I WILL LET MY BOARD ATTORNEY CONFIRM MY LANGUAGE IS THAT IT HAS TO BE MAILED OUT WITHIN 10 DAYS.
SO THE RESPONSIBILITY ON THE, OUR BOARD STAFF IS TO MAIL OUT THESE NOTIFICATIONS THAT ARE CUSTOMIZED.
I JUST SHOWED IT TO YOU A MINUTE AGO AND WE PUT 'EM IN OUR BRACKET, IN OUR DOCKET MAIL OUT 10 DAYS.
UNFORTUNATELY, AS WE ALL KNOW, THE POSTAL SERVICES AND WHAT IT USED TO BE.
SO I, WE CAN'T CONTROL BEYOND MAKING SURE THAT THAT DOCUMENT GETS IN THE MAIL SYSTEM 10 DAYS BEFORE.
UH, AM I CORRECT, MR. BOARD ATTORNEY? THAT'S CORRECT.
THE POST, SO POSTAGE METER ON THIS, IF YOU'D LIKE TO LOOK AT IT, IS FOR, UH, UH, MARCH THE SEVENTH.
AND ALTHOUGH IT COMPLIES, IT DOES NOT HAVE, IT DOES NOT HAVE A POST OFFICE CANCELLATION.
WELL, SIR, AND I THINK IT'S, I I, I APPRECIATE YOUR, UM, UM, I APPRECIATE YOUR COMMENTS AND YOUR CONCERNS BY VIRTUE YOU SAYING THAT IT'S GOT A POSTAGE METER STATE ON IT, THAT'S THE SEVENTH, THAT'S WITHIN 10 DAYS.
AND SO, UH, FOR ME, THAT'S PRIMA FACIE EVIDENCE THAT WE COMPLIED WITH THE STATE STATUTE, THE 10 DAYS.
SO NOW IF YOU WERE GONNA SAY THAT THAT HAD, UH, THE 19TH OF MARCH, THEN I WOULD SHRIEK.
'CAUSE THEN WE'RE, WE'RE, WE'RE NOT FOLLOWING OR NOT THE 19TH OF THE NINTH.
IF YOU WERE SAYING THE NINTH, IT'D BE DIFFERENT, BUT, SO I THINK IT'S INCONCEIVABLE THAT IF SOMETHING'S METERED AT CITY HALL ON MARCH 7TH, WELL IT'S GONNA ARRIVE
[02:40:01]
THE FOLLOWING AFTERNOON OR THE SAME AFTERNOON TO A RESIDENCE IN DALLAS.WELL AGAIN, SIR, UH, IT IS, WE'RE FOLLOWING WHAT THE STATE STATUTE SAYS, AND THAT IS 10 DAYS PRIOR TO THE HEARING.
AND SO YOU SAYING THAT IT WAS POSTMARKED WITH NOT POSTMARKED METERED.
METERED POSTMARK IS THE SAME THING.
SO I, I HAVE TO TAKE THAT AS GOOD FAITH EFFORT ON THE STAFF'S PART.
YOU'RE IMPLYING THAT SOMEHOW WE METERED IT AND IT SAT ON A TABLE AND DIDN'T GET MAILED.
AND I'VE NOT SEEN EVIDENCE OF THAT.
IF I BELIEVE ME, THE STAFF KNOWS THIS
BUT I'VE NOT SENSED THAT ONCE THEY KNOW THE IMPORTANCE OF US MEETING OUR DEADLINES, JUST LIKE SEVEN DAYS PRIOR TO OUR HEARINGS, OUR DOCKET IS IN, IS, IS POSTED SO THAT EVERYONE CAN SEE IT SEVEN DAYS BEFORE.
SO LET'S MOVE BEYOND THAT BECAUSE, AND UNLESS THE BOARD WANTS TO OVERRULE ME, BUT I DON'T VIEW THIS AS A VIOLATION OF THE NOTIFICATION PROCESS AND I'M GONNA LOOK TO MY LEFT AND I DON'T SEE ANYONE TELLING ME OTHERWISE.
SO THEREFORE THAT'S, THAT'S HOW I WOULD RULE THAT.
SO YOU'RE WELCOME TO SAY STATE.
ANYTHING ELSE THAT YOU WANTED TO, I KNOW I CAME TO YOU 'CAUSE I HAD A QUESTION.
ALRIGHT, SO YOU WERE AT, UH, 4 5, 3 8.
4 5 3 8 BROOKVIEW, DO YOU HAVE A FENCE IN YOUR FRONT YARD? NO.
DO EITHER OF YOUR NEIGHBORS HAVE FENCES IN THE FRONT YARD? NO.
BUT YOU KNOW THAT IT'S, FIRST OF ALL, WE ALL HAVE THE RIGHT WITHIN THE FRONT YARD TO HAVE A FENCE UP TO FOUR FEET BY RIGHT.
IT'S, I UNDERSTAND WHY WE'RE HERE TODAY IS 'CAUSE THEY'RE ASKING FOR MORE THAN FOUR FEET AND SOME LEVEL OF OPACITY, WHICH WE'LL SEE WHETHER THERE ARE FOUR VOTES TO APPROVE THAT OR NOT.
ANY OTHER QUESTIONS FOR THIS GENTLEMAN? MR. NERING? THANK YOU MR. CHAIRMAN.
UM, YEAH, I, I'D LIKE TO KNOW IF YOU COULD, UM, ELABORATE A LITTLE BIT FURTHER ON YOUR, THE MAIN POINTS OF YOUR OPPOSITION.
UM, WHETHER IT BE IN REGARDS TO THE HEIGHT THAT IS BEING REQUESTED OR THE OPACITY OF THE FENCE, OR BOTH EQUALLY, OR IF YOU COULD TALK, WELL, IN MY OPINION, A FENCE IN YOUR FRONT YARD IS OUT OF CHARACTER COMPLETELY IN THE NEIGHBORHOOD.
I KNOW THE, I KNOW THAT THE STATUTE IS FOUR FEET.
UM, BUT NOBODY ELSE IN THE NEIGHBORHOOD HAS A, A, UH, FENCE GREATER THAN FOUR FEET.
AND AS I MENTIONED PREVIOUSLY, THE HOUSE NEXT DOOR APPEALED TO THE BOARD AND FOR A SIX FOOT FENCE AND LOST.
SO THE BOARD IN MY MIND HAS TO BE CONSISTENT IN THE NEIGHBORHOOD.
YOU CAN'T RULE A HOUSE AT ONE ADDRESS JUST WEST AT FOUR FEET AND THEN RULE FOR SIX FEET FOR THE, FOR THE HOUSE IMMEDIATELY NEXT DOOR.
UH, I'M JUST GONNA GIVE YOU, I I, I APOLOGIZE IF YOU THINK I'M LECTURING YOU, BUT I WANNA MAKE SURE YOU, WE, WE STAY IN FACT, UH, CITY CODE SAYS OUR DECISIONS DO NOT SET A PRECEDENT, PERIOD.
WE'VE EMBEDDED IT INTO OUR RULES OF PROCEDURE.
'CAUSE THE CITY CODE SAYS VERY CLEARLY NO DECISION OF THE BOARD OF ADJUSTMENT SETS A PRECEDENT.
AND THAT'S ONE OF THE THINGS I READ AT EVERY HEARING.
NO CASE OR ACTION OR DECISION.
NOW I'M NOT ASKING FOR PRECEDENT, I'M ASKING FOR CONSISTENCY.
I, I WILL TELL YOU I'M ENJOYING A LITTLE BIT OF THIS, BARB, BUT THERE'S A LIMIT TO IT.
UM, I I WILL TELL YOU THAT PART OF WHAT WE ARE DOING IS BECAUSE OF OUR CRITERIA NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, THAT'S OUR CRITERIA.
WE DO THINK, HMM, WHAT IS THE STATUS QUO? WHAT ELSE IS HAPPENING? HOW DOES THAT AFFECT OTHER PROPERTY? IS THIS GONNA BE ADVERSE OR NOT? AND SO ALL THESE FACTORS COME INTO PLAY.
THOSE THAT ARE FOR, AND THOSE ARE THAT ARE AGAINST.
BUT THOSE ARE JUST DIFFERENT FACTORS.
I DIDN'T WANNA INTERRUPT MR. N, BUT I WANTED HIM TO BE VERY CLEAR.
YOU DONE? AND NO FURTHER QUESTIONS.
QUESTIONS FOR THE APPLICANT? YES, FOR THE GENTLEMEN, MR. HOP OF IT.
WELL, MY, MY QUESTION IS NOT DIRECTLY FOR THE APPLICANT, SO I'LL HOLD IT.
IT'S DIRECTLY FOR THE APPLICANT.
IT, IT, IT IS, UM, WELL I GUESS IT'S FOR THE STAFF.
[02:45:01]
WITH THIS MATTER, THE, THESE HAVE PRETTY MUCH ALL BEEN IRON WROUGHT IRON FENCES WITH THE, I THINK THAT'S WHAT HE SAID.UH, MY EXPERIENCE WITH HEARING THESE CASES IS THEY ARE THESE WROUGHT IRON POSTS BASICALLY.
UH, I'M TALKING ABOUT HISTORICALLY THAT, THAT I'VE, THAT I'VE DEALT WITH MS. BOARD ADMINISTRATOR.
WOULD YOU SAY THAT'S TYPICAL WROUGHT IRON IS THE FENCING THAT MOST CASES WE SEE? YES.
MOST, MOST CASES ARE WROUGHT IRON, BUT WE DO SEE LIKE THE BOARD ON BOARD.
SO I'M, I'M WONDERING HOW OPACITY FOR OFFENSE OF THIS TYPE OF CONSTRUCTION, HOW IS OPACITY DETERMINED? HIS QUESTION IS WHAT'S THE O HOW DOES IT DETERMINE WELL, UNDER THE CODES IN IT, LESS THAN 50%.
ISN'T THAT WHAT DETERMINES YES.
IF IT'S WITHIN THE FIVE FEET, IF IT'S BEYOND THE FIVE FEET, THEN WE DON'T IT'S BY RIGHT.
SO I GUESS WHAT I'M ASKING IS, IS THERE A MEASUREMENT OF THE OPEN, OPEN AREA VERSUS THE AREA THAT HAS THE METAL IN IT? IS THAT, AND THAT'S THE 50%, I MEAN, HOW IS IT DETERMINED THAT IT'S 50% BY THE PANEL? EACH PANEL HAS TO BE LESS THAN 50% OPEN.
BUT HOW DO YOU DETERMINE WHETHER A PARTICULAR SHAPE, THIS SEEMS TO BE ODD, AN ODD FENCE STRUCTURE TO ME.
SO I'M TRYING TO UNDERSTAND HOW YOU DETERMINE THAT IT IS 50% OR NOT OPAQUE, THE PANEL, ISN'T THAT WHAT YOU SAID? YES.
SO YOU TAKE A PANEL AND IF THE PANEL IS COVERED MORE THAN 50.1 OR 50, MORE THAN 50% OF THAT PANEL, IT'S, IT HAS ITS OPACITY ISSUE.
SO BY MEASURING THE OPEN AREAS VERSUS THE, AGAINST THE TOTAL AREA OF THE FENCE, IS THAT EACH, THE PANEL WE LOOK AT THE PANELS, I, I GUESS I NEED TO ASK MY QUESTION A DIFFERENT WAY.
EACH OPENING VERSE, THE OVERALL, THE OPENING VERSUS THE NON-OP PART OVERALL YES.
AND SO HOW WAS THIS WAS ACTUALLY MEASURED FOR THAT PURPOSE? IT'S OUTSIDE OF THE FIVE FEET.
AND I THINK HE ALSO, THE APPLICANT SAID THE ONLY PORTION THAT IT HAS IS OPACITY IS AT THE GATE.
THAT'S WHAT I, ALRIGHT, ANY OTHER QUESTIONS FOR THIS GENTLEMAN? MR. FINNEY? I HAVE A QUESTION FOR EITHER MR. FOSTER OR ANY OF THE OPPOSITION.
UM, I, I JUST WANT TO ECHO, WELL I'M GONNA HAVE THIS QUESTION DIRECTED TO THIS GENTLEMAN.
THEY HAVE NOT SPOKEN YET, SO WE CAN'T ASK A QUESTION.
SO YOU CAN ASK A QUESTION TO THIS GENTLEMAN AND IF THEY CHOOSE TO SPEAK THEN THEY CAN.
SO YOUR QUESTION, IF IT'S TO OPPOSITION YOUR QUESTION IS THIS GENTLEMAN UNLESS THEY SPEAK.
SO, UM, YOUR QUESTION, MR. FOSTER, UM, SO I WAS WONDERING, I I GUESS I JUST WASN'T, PERHAPS I DIDN'T HEAR YOUR ANSWER.
I WAS WONDERING IF YOU COULD ELABORATE A LITTLE BIT MORE ON JUST HOW THIS ADVERSELY AFFECTS YOUR NEIGHBORHOOD.
UM, SPECIFICALLY IN SPECIFIC WAYS.
'CAUSE I, I READ SOME OF THE COMMENTS FROM, NOT NECESSARILY YOUR EMAIL, BUT SOME OF THE EMAILS LIKE FROM THE WILLIAMS', UM, AND THEY TALK ABOUT STREET SAFETY AND THE INABILITY TO LEAVE KIDS IN THE FRONT YARD WHEN IN FACT THE APPLICANT USED THAT AS A JUSTIFICATION FOR THE FENCE IN THE FRONT YARD.
SO THERE SEEMS TO BE SOME CONTRADICTION BETWEEN, UM, ADVERSE EFFECTS, UM, ON, ON THE NEIGHBORHOOD.
AND SO I'M JUST CURIOUS IF YOU COULD BE A LITTLE BIT MORE SPECIFIC.
IN MY MIND, IT, IT MAKES IT LESS OF A NE NEIGHBORHOOD.
IT, IT DISTORTS THE CHARACTER OF THE NEIGHBORHOOD THAT EXISTS THERE.
IT'S, IT'S LIKE A FUTILE STATE WITH PEOPLE BUILDING THESE SIX AND EIGHT FOOT WALLS.
UM, AS I POINTED OUT ON THE HOUSE NEXT DOOR, THE BOARD WENT TO A GOOGLE MAP SEARCH AND TOOK A TOUR AROUND THE NEIGHBORHOOD AND UNANIMOUSLY DECIDED THAT THE WALL WAS NOT IN CHARACTER TO THE NEIGHBORHOOD.
I MEAN, THEY HAD VISUAL PROOF OF WHAT THE NEIGHBORHOOD WAS ALL ABOUT.
AND, UM, AND SO HOW DOES DIFFERENT CHARACTER ADVERSELY AFFECT YOU AND YOUR NEIGHBORS? YEAH, I, I DON'T WANNA LOOK AT IT.
UM, SO IT'S A MATTER OF PREFERENCE AND I THINK THE OTHER HOMEOWNERS OUGHT TO SPEAK.
[02:50:01]
TO THE APPLICANT ABOUT YOUR CONCERNS SPECIFICALLY? I'M SORRY? HAVE YOU SPOKEN TO THE APPLICANT ABOUT YOUR CONCERNS? NO, I THINK IT'S APPARENT.I THINK IT'S THE BUILDER'S NOT COOPERATIVE IN ANY WAY, SHAPE, OR FORM.
I DIDN'T EVEN KNOW WHO THE PEOPLE DOING THE WORK, THE OWNERS, UH, THEY'VE NEVER INTRODUCED THEMSELVES.
I'M NOT EVEN SURE THEY'RE IN TOWN.
UM, AND I THINK THEIR BURDEN IS FOR THEM TO APPROACH THE NEIGHBORS AND TO LET THEM KNOW WHAT THEY'RE PLANNING.
SO AS YOU'VE STATED BEFORE, WITH THESE OTHER CASES, IT'S INCUMBENT UPON THE APPLICANT TO MAKE CONVERSATION, DISCUSS THE ISSUE WITH THE NEIGHBORS.
UM, AND I THINK IT'S INCUMBENT UPON THE BUILDERS, ONLY ONE BUILDER IN ALL OF THIS STUFF GOING ON IN OUR NEIGHBORHOOD HAS BEEN SENSITIVE TO THE NEEDS OF THE OWNER, SENT OUT A LETTER, VISITED WITH THEM, TELL 'EM THIS IS WHAT WE'RE GONNA DO.
NONE OF THESE OTHER PEOPLE HAVE DONE THIS.
IT'S, IT'S, IT'S VERY DISRUPTIVE TO THE NEIGHBORHOOD.
THAT IS, THAT'S INCREDIBLY IMPORTANT INFORMATION.
AS, AS HAS BEEN MENTIONED EARLIER IN THIS HEARING, YOU KNOW, ONE OF THE BIGGEST, THE PRIMARY WAYS WE, WE MEASURE THE ADVERSE EFFECTS ON THE NEIGHBORHOOD IS THE DEGREE TO WHICH THE APPLICANT HAS ENGAGED WITH THE PEOPLE THAT LIVE THERE.
UM, AND SO YOU JUST ANSWERED THAT FOR US.
I I WOULD FOLLOW UP THAT, UM, UM, OPPOSITION DOESN'T MEAN THAT WE SAY NO.
SO IF THE WHOLE ROOM WAS FILLED WITH PEOPLE SAYING THEY'RE AGAINST, IT DOESN'T NECESSARILY REQUIRE THE BOARD TO RESPOND BY DENYING THE REQUEST, UM, IN OPPOSITION CREATES INFORMATION BY WHICH WE DIGEST THE INFORMATION.
BUT I WILL TELL YOU, YOU ARE ABSOLUTELY RIGHT THAT THE OUTREACH IS INCUMBENT ON THE APPLICANT.
THE BURDEN IS ALWAYS ON THE APPLICANT TO APPEAL A ZONING RULE OR REGULATION SO THAT, THAT'S THEIR BURDEN, SO NOT YOURS.
ANY OTHER QUESTIONS FOR THIS GENTLEMAN? IF NOT, DID THE OTHER THREE WANT TO SPEAK? MS. MS. WILLIAMS? GO AHEAD AND CALL THE NEXT SPEAKER.
UH, YOU'LL BE SWORN IN BY OUR BOARD SECRETARY.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
GIVE US YOUR NAME AND ADDRESS AGAIN AT DEBORAH FK.
UM, WE LIVED THERE THE LONGEST FOUR, TWO YEARS.
AND I WAS PREGNANT WHEN WE FIRST MOVED IN THE HOUSE.
AND YOU KNOW, I GUESS MY ISSUE IS THAT MY KIDS PLAYED, WE HAD A BACKYARD AND THEN A FRONT YARD, BUT NOW THE, THESE HOUSES ARE TAKING UP SO MUCH OF THE LOT THAT THERE IS JUST THIS MINIMUM AMOUNT.
UH, THE HOUSE IN QUESTION TODAY, THEY'VE TAKEN THEIR WHOLE BACKYARD AND THERE'S A POOL AND A PICKLEBALL COURT OR A SPORT COURT AND A COOKING GRILL.
SO THEIR BACKYARD IS NO LONGER A PLAY YARD, A PLAY AREA FOR THEIR CHILDREN.
SO PEOPLE NOW WANT TO FENCE OFF THEIR FRONT YARDS.
UM, BUT YOU KNOW, I MEAN I WENT OUTSIDE WITH MY CHILDREN, UM, AND I BELIEVE THE MOTHER HERE DOES IS NOT WORKING.
SO TO ME THERE ARE OPTIONS OTHER THAN A SIX FOOT TALL FENCE.
UH, WHEN JORDAN SPIETH, WHO WAS ON OUR STREET, HE WANTED AN EIGHT FOOT FENCE AND NICE AS YOUNG MAN, BUT WE SAID NO, THAT'S JUST NOT THE CHARACTER OF OUR NEIGHBORHOOD IS TO HAVE THAT TALL OF A FENCE.
AND HE WANTED, THERE WAS SOME OPACITY TO THAT.
UM, AND SO HE MOVED TO A GATED COMMUNITY, OF COURSE SHORTLY AFTER HE WON THE MASTERS.
BUT WE'RE AN OPEN STREET OR WE HAVE BEEN.
AND I THINK, YOU KNOW, IT'S NOT SOME BIG PSYCHOLOGICAL CHANGE, IT'S PROGRESS, BUT I THINK IT'S NOT, IT IS NOT THE CHARACTER OF OUR NEIGHBORHOOD.
NOW I KNOW THE HOMES HAVE GOTTEN A LOT LARGER ON BROOKVIEW, BUT THAT'S FINE.
THAT'S WONDERFUL THOSE PEOPLE.
SO I, I THINK, YOU KNOW, WE'RE NOT DOING IT FOR ANY REASON THAT WE DON'T WANT THESE PEOPLE TO BE HAPPY OR BE OUR NEIGHBORS.
IT'S JUST THE LOOK OF, OF THE NEIGHBORHOOD
[02:55:01]
BECAUSE, YOU KNOW, PEOPLE COME INTO OUR NEIGHBORHOOD AND, AND THEY SAY, OH, WE JUST LOVE YOUR NEIGHBORHOOD SO WALKABLE AND, UM, AND THERE'S ALL THESE TREES.AND THEN WHEN YOU'RE BUILDING A 10,000 SQUARE FOOT HOME, THEY CUT DOWN MOST OF A LOT OF THE TREES AND YOU KNOW, THEY BUILD THE FENCE AND IT'S THE, THE CHARACTER OF THE NEIGHBORHOOD IS CHANGING.
AND I UNDERSTAND THAT THAT IS, THAT'S LIFE TO A CERTAIN EXTENT, BUT I DON'T THINK SINCE WE HAVE TOLD THE DIFFERENT NEIGHBORS AND PEOPLE HAVE PUT IN FENCES, BUT THEY'RE LIKE FOUR FOOT FENCES AND THEY'RE LARGELY OPAQUE.
NEXT SPEAKER, MS. CINDY WILLIAMS. IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN SHE'LL SWEAR YOU IN.
CINDY WILLIAMS. 44 46 BROOKVIEW DRIVE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
MY HUSBAND AND I MOVED TO BROOKVIEW 12 YEARS AGO.
THE REASON WE MOVED TO BROOKVIEW, THE REASON WE MOVED TO BROOKVIEW, THERE ARE NO SIDEWALKS.
WE FELT LIKE WE WERE LIVING ON A COUNTRY LANE IN THE HEART OF DALLAS.
THEY WALK BY, THEY WAVE AT US.
WE HAVE A LITTLE SWING IN OUR FRONT YARD THAT JUST TWO DAYS AGO, A YOUNG MAN WAS WALKING HIS MOTHER WITH DEMENTIA DOWN THE STREET AND SHE SAW HER SWING AND FELT COMFORTABLE TO WALK UP INTO OUR YARD AND SIT AND SWING.
AND HE JUST SAT THERE PATIENTLY WAITING FOR HER TO GET THAT FEELING FROM HER.
YES, THERE ARE LARGER HOMES THAT ARE BEING BUILT THERE, BUT THEY HAVE SUBSCRIBED TO THE FOUR FOOT HEIGHT VARIANCE.
THEY COME TO THAT NEIGHBORHOOD FOR A REASON FOR THAT SWEET NEIGHBORLY FEELING.
AND IF WE ALLOW SOMEONE TO COME IN AND PUT A TALL FENCE, YOU ALL KNOW AS WELL AS I DO THAT IF ONE PERSON DOES IT, IT'S GOING TO TAKE OVER.
JORDAN BEETH LIVED DIRECTLY NEXT DOOR TO US AND WHEN HE HAD HIS FABULOUS YEAR OF GOLF, PEOPLE STARTED JUMPING OVER HIS FOUR FOOT FENCE FOR A SIGNATURE.
AND SO THAT'S WHEN HE CAME AND ASKED TO ADD HEIGHT TO HIS FENCE.
IT WAS LIKE YOU WERE SAYING, THERE WERE ROD IRON, UH, PIECES SO THAT YOU COULD SEE THROUGH TO THE FENCE, BUT IT WAS HIGHER AND HE COULDN'T DO IT BECAUSE OF THE FOREFOOT VARIANCE.
SO HE MOVED TO A SECURE AREA THAT TOOK CARE OF HIS PROBLEM.
WE HATED TO LOSE HIM, BUT IT TOOK CARE OF HIS PROBLEM AND IT KEPT OUR NEIGHBORHOOD LOOKING THE SAME WAY WITH THAT SAME OPENNESS THAT WE'VE ALL LEARNED TO LOVE.
WE WANT OUR NEIGHBORHOOD TO STAY THE SAME.
YES, THE HOUSES ARE GOING TO GET BIGGER, BUT JUST STAY WITH THE STATUS QUO OF THE FOUR FOOT HEIGHT PLEASE.
AND TO, TO YOUR STATEMENT WITH THE WILLIAMS. I'M THE WILLIAMS THAT WROTE THE LETTER AND I'M EMBARRASSED TO SAY
AND I WAS THINKING IT WAS THAT HOUSE THAT WE WERE COMING DOWN HERE FOR
THAT'S THE REASON I RODE IN THERE.
BECAUSE OF THE SECURITY, BECAUSE OF THE CONSTRUCTION FENCE BEING WHERE IT IS AND THE HEIGHT OF WHERE IT IS, WE CAN'T GET OUT OF OUR YARD WITHOUT ALMOST BEING HIT.
SO THAT'S THE REASON I SAID THAT WE STOOD OUT THERE WITH OUR GRANDKIDS BECAUSE WE HAVE TO IT'S
[03:00:01]
BLIND.THE LAST SPEAKER, MS. ANNA PLUM, LEE PLUMLEY
ANNA PLUMLEY 4 5 1 6 BROOKVIEW DRIVE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, PLEASE PROCEED.
WHAT IS YOUR ADDRESS AGAIN, MA'AM? 4 5 1 6 4 5 1 6.
OKAY, SO I'M DIRECTLY ACROSS THE STREET FROM THE HOUSE WE'RE TALKING ABOUT TODAY.
UM, MY, IT DOESN'T SHOW A RESPONSE.
YOUR, YOUR HOUSE IS NUMBER 10 ON OUR LIST.
DOESN'T SHOW A RESPONSE TO WHAT? TO THE, THE REQUEST FOR FEEDBACK FROM THE SURROUNDING PROPERTY OWNERS.
I FILLED OUT THE, SO THE, THE FORM THAT, THE BLUE PAPER THAT I FILLED OUT? NO, NOT THE BLUE ONE.
I'M TALKING SET OF POST, I'M TALKING ABOUT WHEN AS EACH PERSON'S COME UP, I ALWAYS CHART 'CAUSE I WANNA KNOW WHO IN THE NEIGHBORS WHICH WAY.
AND YOU, YOU'RE AGAIN AT 4, 5, 1 6.
WHICH IS, IT SAYS RANDY PLUMLEY AND I DIDN'T CATCH YOUR FIRST NAME.
AND ON OUR RESPONSE THAT WE WERE PRESENTED THIS MORNING, IT DIDN'T SHOW OPPOSITION OR, OR FOR IT JUST SHOWED IT EMPTY.
BUT YOU'RE HERE IN OPPOSITION.
REALLY, REALLY NOW IT'S FIVE IN OPPOSITION AND ZERO IN SUPPORT.
YOU, I JUST WANTED TO VERIFY THAT.
BUT YOU DID FILL OUT SOMETHING YOU GOT IN THE MAIL.
NO, I, I HAVEN'T RECEIVED ANYTHING IN THE MAIL.
YOU WOULD'VE GOTTEN THIS NOTICE SOMETHING LIKE THIS? I I MIGHT HAVE GOTTEN THAT.
THIS IS WHAT GETS MAILED OUT TO PROPERTY OWNERS.
THAT I, AND IT TELLS YOU TO RESPOND IF YOU HAVE AN OPINION.
I'M, THAT'S EVEN MORE, MORE IMPACTFUL.
SO I HAVE LIVED ACROSS THE STREET FROM THIS HOUSE, UM, FOR 24 YEARS.
I RAISED MY KIDS, UM, AT THIS ADDRESS.
AND SO, UH, AND WE DON'T HAVE A FENCE IN FRONT OF OUR YARD.
AND WE, WE BUILT OUR HOUSE AND THAT WAS OUR CHOICE TO LEAVE OUR FRONT YARD OPEN.
SO AESTHETICALLY IT FIT THE NEIGHBORHOOD.
UM, I ALWAYS FELT LIKE WHEN MY CHILDREN WERE LITTLE, THAT THE BURDEN WAS ON ME TO BE WITH THEM IN THE FRONT.
AND SO THAT WE WOULDN'T EVER WORRY ABOUT SOMEONE JUMPING A FENCE OR COMING INTO OUR YARD AND TAKING A CHILD.
THAT WAS, WE WERE JUST ALWAYS WITH THEM.
ALSO, I, UM, KNOW THE NEIGHBORHOOD WELL.
I RUN FIVE MILES A DAY IN THAT NEIGHBORHOOD, WELL, SEVERAL TIMES A WEEK.
SO I'M VERY, I I NOTICE NEW THINGS GOING UP, NEW CONSTRUCTION.
AND IF, IF YOU, IF YOU PAY ATTENTION, YOU'LL NOTICE THAT BETWEEN PARK LANE AND NORTHWEST HIGHWAY THERE, THERE AREN'T FENCES LIKE WE'RE TALKING ABOUT TODAY.
SO AESTHETICALLY THEY JUST DON'T FIT.
AND WE, YOU KNOW, MY FRONT DINING ROOM WINDOW LOOKS ACROSS THE STREET INTO THIS HOUSE.
AND SO TO SEE A SIX FOOT FENCE, YOU KNOW, I'M AFRAID WE'LL BE, YOU KNOW, UNSIGHTLY, EVEN THOUGH IT LOOKS BEAUTIFUL ON PAPER, I JUST FEEL LIKE IF THAT'S ALL I'M SEEING OUT MY FRONT WINDOW, THAT IT WON'T BE THAT APPEALING.
AND I WORRY A LITTLE BIT ABOUT RESALE ON MY PROPERTY ONE DAY IF SOMEBODY ELSE FEELS THE SAME WAY.
ANY QUESTIONS? WE APPRECIATE, WE APPRECIATE YOU BEING HERE.
ANY OTHER SPEAKERS THAT ARE REGISTERED? MS. WILLIAMS? NO, THOSE SPEAKERS REGISTER SIR.
UH, OUR RULES PROVIDE THAT THE APPLICANT GETS A FIVE MINUTE REBUTTAL.
YES, AND I'LL, I'LL SAY FIRST OF ALL THAT UM, I DID SEND LETTERS TO EVERYBODY WHEN WE FILED THIS CASE AND I DID, UH, SPEAK MR. ICK, UH, AND ASKED IF THERE'S ANYTHING WE CAN DO.
AND SO I I, HE AND I HAD SPOKEN ON THE PHONE, UM, BUT UM, THERE WAS NOT A ROBUST CONVERSATION.
SO I GUESS THE QUESTION BEFORE YOU TODAY IS, YOU KNOW, DOES OUR REQUEST TO ALLOW A FENCE TALLER THAN FOUR FEET, IN THIS CASE, A SIX FOOT FENCE WITH A PORT, SMALL PORTIONS OF IT BEING MORE THAN 50% OPAQUE? DOES THAT, UH, N****Y AFFECT THE NEIGHBORHOOD? I WOULD ARGUE THAT IT DOESN'T.
[03:05:01]
THAT IT DOES, BUT CLEARLY THERE'S, UM, THERE ARE FENCES AND ENCROACHMENTS IN THE, THE NEIGHBORHOOD ALREADY.NOT A HUGE AMOUNT, BUT THERE ARE SOME.
UM, AND, UH, THE NEW HOUSES ARE BEING BUILT.
I DO THINK YOU WILL HAVE OTHER PEOPLE REQUESTING, UH, FENCES.
UM, IT'S FENCES ARE, THEY'RE NOT ALWAYS WELL RECEIVED IN NEIGHBORHOOD, BUT PEOPLE WHO MOVE IN THE NEIGHBORHOOD WANT FENCES IN THEIR FRONT YARDS.
SO IT PUTS YOU ALL IN A, IN A TOUGH SPOT.
I WOULD ASK THAT YOU SUPPORT THIS REQUEST 'CAUSE WE THINK IT'S REASONABLE.
UH, IT'S SET BACK 20 FEET, UH, BEYOND THE, THE CURB LINE OR THE EDGE OF PAVEMENT IN THIS CASE.
AND, UH, IT'S REPLACING OFFENSE THAT'S EXISTING, IT JUST MAKES IT TALLER.
UM, I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
AGAIN, WE HAVE THE LANDSCAPE ARCHITECT IF YOU HAVE ANY TECHNICAL QUESTIONS AND HOPE YOU CAN SUPPORT THIS REQUEST.
QUESTIONS FOR THE APPLICANT? MR. FINNEY? UM, SO MR. BALDWIN, YOU MENTIONED THAT YOU PERSONALLY SPOKE TO ONE OF THE NEIGHBORS.
I DIDN'T REALIZE WHO HE WAS UNTIL THIS AFTERNOON WHEN HE SAID THAT HE SPOKE TO ME, BUT I, UH, HE AND I HAD A CONVERSATION, YES.
UM, AND WHO WAS THAT GENTLEMAN RIGHT OVER THERE? MR. FOSTER.
UM, SO ASIDE FROM MR. FOSTER, WHO ELSE HAVE YOU OR THE APPLICANT SPOKEN TO? I'VE NOT SPOKEN WITH ANYBODY.
USUALLY THE WAY, UH, I I WORK IS, UH, ONCE WE FILE A CASE, I SEND OUT LETTERS BEFORE THE SIGNS GO UP, EXPLAIN TO PEOPLE WHAT WE'RE ASKING FOR AND OFFER TO MEET WITH THEM OR SPEAK WITH THEM.
AND IF THEY WANNA MEET WITH ME, I'M HAPPY TO MEET WITH THEM.
UM, I CAN'T MAKE 'EM MEET WITH ME AND I DON'T THINK IT'S COMFORTABLE FOR ANYBODY TO JUST GO RANDOMLY KNOCK ON PEOPLE'S DOORS TO TRY TO GET THEM TO SPEAK WITH ME.
WELL, SO HERE'S WHERE WE'RE AT.
WE HAVE FIVE, NO, LIKE FIVE, FIVE OPPOSITION.
UNDERSTAND ZERO LETTERS OF SUPPORT AND YOU'VE SPOKEN TO ONE NEIGHBOR, SO, AND HE'S IN OPPOSITION.
UNFORTUNATELY, HE'S NOT WHAT, AND HE'S IN OPPOSITION.
BUT, BUT A WILLINGNESS TO TALK WITH THE NEIGHBORS AND ENGAGE AND MAYBE REACH A COMPROMISE YEAH.
IS SOMETHING THAT WE LOOK FOR.
AND WE'RE NOT REALLY SEEING THAT HERE.
SO IT MAKES THIS REALLY, IT MAKES IT REALLY HARD FOR US TO BELIEVE THAT THIS ISN'T ADVERSELY AFFECTING THE NEIGHBORS WHEN YOU'VE MADE SUCH MINIMAL EFFORT AT TALKING TO THEM.
SO WELL I UNDERSTAND, BUT MINIMAL WEATHER.
WE LIVE IN WEIRD TIMES RIGHT NOW AND I DON'T HAVE PEOPLE'S EMAILS ADDRESSES AND I CAN SEND THEM LETTERS AND ASK TO MEET WITH THEM.
I DON'T HAVE THEIR PHONE NUMBERS.
AND IF I WAS WALKING UP AND, UH, A STRANGE MAN WALKING UP AND DOWN A BLOCK KNOCKING ON DOORS, UM, I DON'T THINK THAT WOULD BE RECEIVED WELL.
WELL, I THINK THAT YOU'RE IN LUCK BECAUSE AS THE, THE NEIGHBORS HAVE CLEARLY ILLUSTRATED, THEY DO NOT HAVE FENCES IN THEIR YARDS.
THEY DO NOT HAVE GATES AROUND THEIR HOUSES.
SO I WOULD THINK THAT GIVEN HOW PASSIONATE THEY ARE ABOUT THAT FEATURE OF THEIR NEIGHBORHOOD, THAT THEY'RE PROBABLY OPEN TO SOMEONE COMING AND KNOCKING ON THEIR DOOR.
SO I WOULD RECONSIDER MY STRATEGY.
I'LL TAKE, I'LL REVISE MY STRATEGY GOING FORWARD.
UH, WHAT, WHAT I WOULD SAY, MR. BALDWIN, AND AS I'VE COACHED MY MEMBERS TO SAY DON'T, UH, ASK, PUT YOUR COMMENTS IN QUESTIONS.
SO
I DON'T CONSIDER BINDING THEM.
AND THE REASON WHY I CHART PEOPLE WHEN THEY COME UP AND SPEAK, 'CAUSE I WANNA SEE PROXIMITY TO THE PROPERTY, BUT EVEN WITH A ZERO TO FIVE, THAT DOESN'T BIND ME TO VOTE AGAINST IT, BUT IT PERSUADES ME, BUT IT DOESN'T BIND ME.
BUT EACH MEMBER HAS A SEPARATE CALCULUS ON THEIR OWN.
THAT'S WHY WE COME FROM ALL DIFFERENT PARTS OF THE CITY.
UM, SO FOR ME IT'S IMPORTANT THAT THERE'S THIS ENGAGEMENT AND I LIKE THE WAY MR. FINNEY APPROACHED THAT, UH, IN A VERY CALM WAY.
IT'S INDICATIVE OF THE OPENNESS OF A NEIGHBOR BECAUSE THEY DON'T HAVE THE FENCES AND THE GATES ABOUT HOW THEY COULD BE RECEPTIVE TO A STRANGER KNOCKING ON THE DOOR.
AS A FORMER POLITICIAN, I'VE KNOCKED ON A LOT OF DOORS, AND YOU'RE RIGHT, IT'S A DIFFERENT ENVIRONMENT THAN IT WAS YEARS AGO.
BUT ISN'T THAT THE VERY, THIS IS MY QUESTION, SO I CAN SAY, ISN'T THAT THE VERY NATURE THAT YOU HEARD FROM THE HOMEOWNERS
[03:10:01]
OF THE CHARACTER OF THEIR NEIGHBORHOOD? THE OPENNESS AND THE, THAT I DIDN'T, I DON'T WANNA SAY FRIENDLINESS, THE OPENNESS.I HEARD THAT NOW, BUT I, I MEAN THAT'S REALLY DEMONSTRATIVE.
I MEAN, I'M KIND OF BACK IN MY SEAT GOING, HMM.
I I WANT TO GIVE YOU THE CHANCE TO RESPOND TO THAT BECAUSE THAT, THAT WAS IMPACTFUL TO ME.
I THINK THAT THE ABSENCE OF OFFENSES IS, IS SURE IT CAN BE WELCOMING, BUT IT DEPENDS ON NEIGHBOR.
EACH NEIGHBORHOOD IS DIFFERENT.
AND I DON'T THINK, I DON'T THINK YOU CAN PAINT THE FACT THAT SOMEONE DOESN'T HAVE A FENCE IN ONE SECTION OF TOWN WITH THE OTHER SECTION OF TOWN AND THINK THAT PEOPLE WILL BE THE SAME, HAVE THE SAME RECEPTION.
I'M JUST SAYING IT'S TALKING ABOUT, AND AGAIN, OUR CRITERIA IS THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
BOY, THAT IS SUCH A VARIABLE CRITERIA THAT APPLIES DIFFERENTLY TO EVERY SECTION OF THE CITY.
I LIVE IN NORTH, HE LIVES IN SOUTH, HE LIVES IN FAR NORTH.
JAY LIVES IN KIND OF, WE UM, WEST DALLAS, KIND OF NORTH NORTHWEST.
SO WE ARE ALL THROUGHOUT THE CITY.
IT'S DIFFERENT EACH ONE OF OURS, BUT THAT'S WHY WE HAVE THIS KIND OF BLAND CRITERIA.
AND THAT'S, SO ANYWAY, I'M NOT BEATING YOU UP, I'M JUST SAYING IT WAS VERY TELLING TO ME TO HEAR A PROPERTY OWNER, NOT JUST A NEIGHBOR, A PROPERTY OWNER, SPEAK TO THAT CRITERIA, BUT REST ASSURED, IF ANYBODY RESPONDED SAYING, YEAH, WE'D LIKE TO TALK OR WE DON'T LIKE YOUR FENCE, BUT WHAT ARE YOU WILLING TO COMPROMISE? I WOULD'VE DONE THAT IMMEDIATELY.
THE ONE PERSON DID RESPOND, SAID, YOU'RE NOT GETTING YOUR FENCE AND THAT'S IT.
SO, AND, AND, AND THIS ISN'T A MAJORITY RULES, THIS IS A, A FEELING OF, YOU KNOW, HOW DO YOU CONVINCE FOUR, FIVE STRANGERS ABOUT SOMETHING UNIQUE TO THAT NEIGHBORHOOD VERSUS ANOTHER NEIGHBOR? ANOTHER.
SO SEE HOW I, I MADE MY SPEECH, BUT PUT IT IN A QUESTION.
YOU ALWAYS GOTTA PUT IT IN A QUESTION.
MR. KOVI, WE'RE STILL ON QUE Q AND A RIGHT NOW.
OH, MR. BALDWIN, I THINK YOU HAVE ANOTHER CRACK HERE.
I'LL PUT IT IN THE FORMS OF QUESTIONS.
DO YOU, DO YOU THINK THE NEIGHBORS MIGHT HAVE BEEN MORE RECEPTIVE TO A FENCE THAT WAS MORE OF A STANDARD LOOKING KIND OF THING THAT, THAT ARE SEEN GENERALLY THROUGHOUT THE CITY RATHER THAN A KIND OF A NEW ART DECO KIND OF A LOOK? I, I THINK THAT A FENCE HAS TO, THE DESIGN OF A FENCE HAS A LOT TO DO WITH THE DESIGN OF THE HOUSE.
AND YOU'RE RIGHT THAT MOST FENCES I BRING BEFORE YOU AND THAT I SEE HAVE DECORATIVE IRON POSTS OR WROUGHT IRON WITH THE, UH, MASONRY.
I THINK THAT IF WE, UH, A, A GOOD FENCE DESIGN THAT MIGHT BE DIFFERENT, UM, MIGHT BE EASIER TO SELL WITH, WITH A NEIGHBORHOOD GROUP IF IT MATCHES THE HOUSE, UM, OR COMPLIMENT THE HOUSE.
I WAS JUST LIKE TO POINT OUT THAT IF, IF, UH, IF PEOPLE LIKE YOURSELF WERE THE PEOPLE COMING TO KNOCK ON MY DOOR, I'D OPEN IT, BUT IT'S NOT, USUALLY IT'S YOUNG KIDS TRYING TO SELL ME SOMETHING THAT THEY DON'T EVEN SELL.
BUT, UM, UH, THAT'S NEITHER HERE NOR THERE.
I WOULD ALSO JUST LIKE TO MENTION, UM, IT MIGHT, IT MIGHT BE, I MEAN THERE ARE A LOT OF DIFFERENT NEIGHBORHOODS IN TOWN AND IT MIGHT, UH, BE LESS OF A PROBLEM.
DO YOU THINK IT WOULD BE LESS OF A PROBLEM, UM, TO GO WHERE THEY'RE BUILDING FENCES IF YOU WANNA BUILD A HOUSE THAT HAS A FENCE LIKE THAT TO GO WHERE THAT IS WHAT'S BEING BUILT RATHER THAN GOING INTO A NEIGHBORHOOD, IT REALLY DOESN'T HAVE THAT AND EXPECTING EVERYONE TO ADAPT TO WHAT YOU WANT? YEAH, WELL I DON'T, I WOULDN'T EXPECT EVERYBODY TO JUMP UP AND DOWN AND SAY THIS IS EXACTLY WHAT WE WANT.
UH, WHAT I DO FIND IS WHEN I COME INTO NEIGHBORHOODS THAT DON'T HAVE A LOT OF FENCES, WHEN WE DO HEAR FROM NEIGHBOR, FROM THE LETTERS I SEND OUT, A LOT OF PEOPLE SAY, YEAH, WE'D LIKE TO HAVE A FENCE TOO.
SO EACH NEIGHBORHOOD'S DIFFERENT.
UM, AND, UH, IT'S, YOU KNOW, AND I, I FULLY UNDERSTAND NEIGHBORHOOD SELF-DETERMINATION AND, AND APPLAUD IT.
ANY OTHER QUESTIONS? THANK YOU MR. BALDWIN.
UH, THE CHAIRMAN ENTERTAIN A MOTION.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 8 ON APPLICATION OF ROB BALDWIN DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIVE FENCE WITHOUT PREJUDICE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTED THE APPLICATION WOULD ADVERSELY
[03:15:01]
AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BDA 2 4 5 DASH 0 3 8.MR. NER HAS MOVED TO DENY THE REQUEST FOR SPECIAL EXCEPTIONS FOR A SIX FOOT HIGH FENCE WITHOUT PREJUDICE.
IS THERE A SECOND? SECOND, SECOND.
MAD MR. KOVICH DISCUSSION ON THE MOTION? MR. NRI? THANK YOU MR. CHAIRMAN.
UH, YEAH, I MEAN LIKE YOU SAID, UH, THE FEEDBACK AND INFORMATION THAT'S PRESENTED TO US DOES NOT BIND US TO ANY PARTICULAR POSITION OR DECISION.
HOWEVER, UM, I'M CONVINCED IN THIS CASE THAT WE HAVE FIVE DIFFERENT PROPERTY OWNERS WHO HAVE EITHER, UH, EXPRESSED THEIR OPPOSITION OR APPEARED BEFORE US TODAY.
UH, THAT, THAT, THAT HOLDS SOME SERIOUS WEIGHT WITH ME.
ADDITIONALLY, UM, I HAPPEN TO BE EXTREMELY FAMILIAR WITH THIS NEIGHBORHOOD AS I LIVE IN MIDWAY HOLLOW, JUST ACROSS MIDWAY.
I RIDE MY BIKE THROUGHOUT THIS NEIGHBORHOOD FREQUENTLY.
I CAN, UH, TELL EVERYONE THAT, UH, IT'S UNCURBED.
IT HAS A VERY COUNTRY, KINDA LIKE YOU'RE IN CONNECTICUT.
YOU WOULDN'T EVEN THINK YOU WERE IN DALLAS ON MANY OF THESE STREETS.
AND I DO AGREE WITH, UH, THOSE WHO HAVE SPOKEN IN OPPOSITION, UH, THAT IT'S IMPORTANT TO MAINTAIN THAT, THAT FEEL, UH, SO THAT IT COMPORTS WITH THE NEIGHBORHOOD.
UH, MR. KOVICH DISCUSSION ON THE MOTION.
UH, NOT IN MY FAMILIARITY WITH THE NEIGHBORHOOD, BUT IN, IN KIND OF HOW THE FEEL FROM THE VIDEO WE SAW THIS MORNING.
UH, THE FEEL OF THAT NEIGHBORHOOD IS NOT CONDUCIVE TO THIS KIND OF A, OF A STRUCTURE AND ALSO GIVEN THE OPPOSITION, UH, NOT JUST ALL OPPOSITION, BUT THREE HOUSES THAT ARE BASICALLY DIRECTLY ACROSS THE STREET, UM, FROM THIS HOUSE.
SO FOR THAT REASON, I'M SUPPORTING THE MOTION.
ANY OTHER DISCUSSION ON THE MOTION? MR. DR. GLOVER? I THINK IT'S VERY IMPORTANT TO BE MINDFUL OF, UM, THE CONSEQUENCES OF, UH, ACTIONS OF BUILDERS, ESPECIALLY, UH, WHEN THEY'RE ENTERING INTO A NEW COMMUNITY.
UH, WHAT YOU DON'T REALIZE, WHAT, WHAT BUILDERS DON'T REALIZE IS THAT BEFORE PEOPLE INVEST IN BUYING PROPERTY AND LIVING IN THE COMMUNITY, SEVERAL, UH, CONSIDERATIONS HAVE BEEN MADE.
AND, UH, A LOT OF PEOPLE PUT A LOT OF MONEY INTO BUYING PROPERTY TO LIVE IN A CERTAIN CONDUCIVE ENVIRONMENT.
PART OF LIVING IN A COMMUNITY ALSO INVOLVES JUST THAT DRIVE INTO THE COMMUNITY, BEING ABLE TO WALK IN THE COMMUNITY, ENJOYING TREES, ENJOYING THAT, AND THESE ARE OF GREATER CONSEQUENCE THAN YOU CAN IMAGINE.
UM, SO I, WHAT I WANT TO SAY IS THAT, UM, TRYING TO LIVE ALSO WITH THE COMMUNITY IS ALSO ANOTHER VERY IMPORTANT ASPECT OF ALL OF THIS.
YOU DON'T WANT TO GO INTO A COMMUNITY, DISRUPT THE COMMUNITY, AND CREATE AN ENVIRONMENT WHERE YOU'RE LIVING IN ENMITY WITH YOUR NEIGHBORS.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IN BDA 2 45 DASH 0 3 8 WAS A MOTION BY MR. NRI, SECONDED BY MR. KOVI TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR A SIX FOOT HIGH FENCE WITHOUT PREJUDICE.
THE BOARD SECRETARY WILL CALL THE VOTE, MR. KOVI AYE.
MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 4 5 0 3 8.
THE BOARD OF ADJUSTMENT UNANIMOUSLY BY A VOTE OF FIVE TO ZERO, DENIED THE REQUEST FOR A SPECIAL EXCEPTION WITHOUT PREJUDICE.
YOU'LL GET A NOTIFICATION FROM OUR BOARD ADMINISTRATOR SHORTLY.
MOTION NUMBER TWO, MR. NERING.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 8 ON APPLICATION OF ROB BALDWIN DENIED A SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY, A MOTION HAS BEEN MADE BY MR. NER IN BDA 2 4 5 DASH 0 3 8 TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR OPACITY WITHOUT PREJUDICE.
SECOND BY MR. KOVICH, UM, DISCUSSION ON THE MOTION.
MR. NRI? THANK YOU MR. CHAIRMAN.
UH, AGAIN, JUST DOVETAILING ON MY PREVIOUS COMMENTS, UM, I REALLY
[03:20:01]
HAVE AN ISSUE WITH O OPACITY, UH, AND, YOU KNOW, SOLID FENCES, PARTICULARLY IN THE INTERIOR OF NEIGHBORHOODS.UM, I HAVE SUPPORTED THEM IN THE PAST, UM, ALONG MAJOR THOROUGHFARES LIKE MIDWAY, WALNUT HILL ROYAL, ET CETERA.
BUT IN THE INTERIOR OF A NEIGHBORHOOD, I DON'T THINK IT'S CONDUCIVE TO THE NEIGHBORHOOD, UH, TO HAVE, UH, ANY SORT OF SOLID FENCE.
SO THAT'S WHY I MADE THE MOTION.
MR. KOVICH DISCUSSION ON THE MOTION? UH, I CONCUR WITH MR. NERI.
ANY OTHER DISCUSSION ON THE MOTION? SEEING NO OTHER DISCUSSION? THE BOARD SECRETARY WILL CALL THE VOTE.
THE MOTION ON THE FLOOR IN BDA 2 4 5 DASH 0 3 8 IS A MOTION TO DENY THE SPECIAL EXCEPTION FOR, UH, OPACITY WITHOUT PREJUDICE.
MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER BDA 2 4 5 DASH 3 38.
THE BOARD OF ADJUSTMENT UNANIMOUSLY DE UH, DENIES THE REQUEST BY A VOTE OF FIVE TO ZERO WITHOUT PREJUDICE FOR THE REQUEST FOR SPECIAL EXCEPTION FOR OPACITY.
YOU'LL GET A NOTIFICATION FROM OUR BOARD ADMINISTRATOR.
OUR LAST AGENDA ITEM FOR TODAY IS BDA 2 4 5 DASH 3 9 2 4 5 DASH THREE NINE.
THIS IS AT 4 3 4 3 TRAVIS STREET.
DO WE WANT TO TAKE A QUICK BREAK, A BATHROOM BREAK OR ARE WE READY TO GO? YOU WANNA TAKE A BREAK? KEEP GOING.
BEFORE YOU INTRODUCE YOURSELF, UH, MS. BOARD, SECRETARY, WHAT SPEAKERS DO WE HAVE? WE HAVE THE APPLICANT AND REPRESENTATIVE IN FAVOR AND WE HAVE ONE IN OPPOSITION.
SO ONLY TWO SPEAKERS FOR THIS, THIS CASE? YES.
YOU HAVE TWO IN APPLICANT AND REPRESENTATIVE.
OKAY, SO YOU HAVE TWO TWO IN IN FAVOR.
ONE IN ONE AND THEN ONE OPPOSITION.
OUR RULES OF PROCEDURES ARE THAT THE APPLICANT GETS, UH, FIVE MINUTES PLUS OR MINUS.
THEN ANYONE ELSE SPEAKING IN FAVOR GETS FIVE MINUTES PLUS OR MINUS.
THEN ANYONE SPEAKING AGAINST GETS THAT SAME AMOUNT OF TIME, THEN THE APPLICANT GETS A REBUTTAL OF FIVE MINUTES.
I WILL LET YOU, UM, AS THE APPLICANT AMPLE TIME TO BE ABLE TO SAY WHATEVER YOU'D LIKE TO SAY TO PRESENT YOUR CASE.
THE AMOUNT OF TIME I GIVE YOU, I GIVE EQUALLY TO THE OPPOSITION.
I HAVE TO REPEAT THE SAME THING.
I GOTTA TREAT EVERYONE FAIRLY AND EVERY INCONSISTENCY.
SO IF YOU GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
UM, ADDRESS IS 71 COLUMBIA STREET, SEATTLE, WASHINGTON, 9 8 1 0 4.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UH, THANK YOU FOR ENTERTAINING OUR REQUEST FOR THE TWO VARIANCES.
IT'S A LITTLE, THERE'S SOME COMPLICATED CODE SECTIONS HERE, SO I'M JUST GONNA JUMP RIGHT INTO IT, UM, IN THE, UH, LIGHT OF EXPEDIENCY.
SO AS FAR AS ITEM NUMBER ONE, UH, THE VARIANCE, THE FRONT YARD, UH, VARIANCE FOR THE SETBACK ALONG OLIVER STREET, UM, THE MAIN ISSUE HERE IS THAT THE SMALLER PARCELS THAT HAVE HISTORICALLY EXISTED, UH, THAT WERE COMBINING INTO THREE, ARE FORCING A FRONT YARD RECALIBRATION ON THE LOTS, UH, SINCE THE 1920S.
SO OVER A HUNDRED YEARS, THESE THREE PARCELS HAVE HAD A FRONTAGE ALONG TRAVIS STREET.
JUST BY VIRTUE OF CONSOLIDATING THEM INTO ONE, WE END UP WITH A SHORTER LOT LINE VERSUS A LONGER LOT LINE, AND THAT NECESSITATES THE ADJUSTMENT OF THE FRONT YARD SETBACK TO OLIVER.
SO THAT'S OUR, OUR MAIN SORT OF, UM, ISSUE.
UH, THE CODE HAS A SELF-CORRECTING MECHANISM IN THERE WHERE IT LOOKS AT THE CONTINUITY OF SETBACKS ON THOSE TWO STREETS.
AND, UH, STAFF HAS APPLIED THAT TO TRAVIS, WHICH WE FULLY AGREE WITH AND SUPPORT.
THERE IS CONSISTENT 15 FOOT BUILDING SETBACKS ALONG TRAVIS PRETTY MUCH FOR THE LENGTH OF THE STREET.
UH, OUR CONCERN IS THAT THE CONTINUITY REQUIREMENT IS THAT NOT ALSO THEN APPLIED TO OLIVER.
AND WHEN WE LOOK AT OLIVER AS EXHIBITED ON THE SCREEN HERE, WE SEE THAT THE VAST BULK OF BUILDINGS ON OLIVER HAVE BEEN BUILT TO A 10 FOOT SETBACK.
THERE ARE A FEW THAT GO TO 15, UH, BUT THE
[03:25:01]
MO MAJORITY OF THOSE ARE BUILT TO AN 18 TO 20 FOOT SETBACK BECAUSE THEY HAVE ONSITE PARKING, SURFACE PARKING IN FRONT OF GARAGES.UM, BUT THE GENERAL CHARACTER OF TRAVIS STREET, WE AGREE, IS A FRONTED STREET.
OLIVER IS MUCH MORE OF A SIDE STREET.
IT'S ONLY FOUR BLOCKS LONG AT DEAD ENDS AT THE KATY TRAIL, AND IT DEAD ENDS AT THE EXPRESSWAY.
UH, TRAVIS ON THE OTHER HAND, IS A EXTREME, EXTREMELY LONGER CONNECTION TO THE NORTH AND TO THE SOUTH.
AND THE NEIGHBORHOOD ITSELF IS ON A GREEN OF NORTH SOUTH STREET.
SO YES, THERE'S SOME EAST WEST MOVEMENT, BUT THE MAJORITY OF MOVEMENT AND THE BLOCKS THEMSELVES ARE PLATTED IN A LONG NORTH SOUTH ORIENTATION.
SO WHEN WE LOOK AT, UM, THE LOTS IN QUESTION RIGHT NOW, THEY HAVE TRAVIS STREET ON THE EAST, THE RIGHT OLIVER TO THE NORTH AS ASCRIBED, AND THEN THERE'S AN ALLEY TO THE WEST.
AND ON THE OPPOSITE SIDE OF THAT ALLEY IS ANOTHER SERIES OF PARCELS WITH LONG EAST WEST ORIENTATIONS THAT EXTEND THE FULL LENGTH OF THE BLOCK.
SO IN OUR ANALYSIS OF THE URBAN FORM AND THE HISTORICAL CONDITIONS THAT HAVE EXISTED, ALL OF THESE PARCELS ARE CLEARLY INTENDED TO FRONT ON TRAVIS AND BUENA VISTA.
OBVIOUSLY NOT ON THE ALLEY, BUT THEN LIKEWISE NOT ON THE SIDE STREETS AT THE NORTH AND SOUTH ENDS OF THE BLOCK.
SO I, THE WAY THAT WE READ THIS, UH, WE FEEL LIKE WE'RE SUBJECT TO A LITTLE BIT OF A DOUBLE JEOPARDY, UH, BECAUSE WE'RE PROVIDING THE FRONT YARD SETBACK ALONG TRAVIS, AGAIN, FULLY AGREE WITH THAT, THAT THAT'S APPROPRIATE, BUT THEN THAT WE'RE BEING HELD TO THIS ADDITIONAL FRONT YARD SETBACK ON OLIVER.
SO WITH REGARD TO THE SECOND VARIANCE REQUESTED, UM, WE HAVE A BIT OF AN UPDATE ON THAT AND I DON'T KNOW EXACTLY WHAT THE RIGHT, UH, FORMAL WAY TO HANDLE THIS IS, BUT WE, UM, THE OWNER, UH, MY CLIENT, MARK JIMBO AND I WERE ON SITE, UH, LAST NIGHT AND MET WITH, UH, NUMBER OF NEIGHBORHOOD, UH, REPRESENTATIVES AND LOOKING AT THE SITE AND TALKING TO THOSE FOLKS, WE CAME TO THE CONCLUSION THAT OUR REQUEST FOR THE A ZERO SETBACK AT THAT SOUTH PROPERTY LINE WAS NOT CONSISTENT WITH THE URBAN FORM SETBACKS ON OTHER SITES AND SITES.
SO WE WOULD LIKE TO CHANGE THAT TO A FIVE FOOT REQUEST.
UM, SO A FIVE FOOT SETBACK, WHICH WOULD BE A FIVE FOOT VARIATION FROM THE 10 FOOT SIDE YARD SETBACK, IF THAT MAKES SENSE.
SO, UM, I GUESS JUST TO WRAP UP, UH, IN CLOSING, UH, WE, UH, THE CLIENT AND I, UH, ARE DEEPLY RESPECTFUL OF THE CHARACTER OF THE NEIGHBORHOOD.
UH, WE WANT TO PRESERVE THAT WE BELIEVE FULLY IN THE SPIRIT OF PD 1 93.
UM, AND JUST TO CIRCLE BACK TO THE INTRODUCTORY PARAGRAPHS OF THAT, UM, CODE LANGUAGE, UM, THE PRIMARY OBJECTIVES OF THE SPECIAL PLANNING DISTRICT ARE TO ACHIEVE, UM, A MORE URBAN FORM IN WHAT USED TO BE A PREDOMINANTLY SINGLE FAMILY FREESTANDING HOME NEIGHBORHOOD, UM, TO PROMOTE AND PROTECT AN ATTRACTIVE STREET LEVEL PEDESTRIAN ENVIRONMENT.
WE BELIEVE THAT WE'RE STRONGLY ADHERING TO THAT, UM, TO ENCOURAGE THE PLACEMENT OF ONSITE PARKING IN BUILDINGS SIMILAR TO BUILDINGS THAT HAVE NO PARKING INSIDE OF 'EM.
SO MAKE THE PARKING DISAPPEAR, MAKE THE GARAGES DISAPPEAR.
UM, ALL OF THE PARKING ON SITE IS FRONTING AN INTERNAL, UH, SERVICE DRIVE TO GET TO THOSE GARAGES.
UM, SO WE'VE COMPLETELY CONCEALED THE PARKING FROM THE PEDESTRIAN REALM.
UM, THE LAST POINT I WANTED TO HIGHLIGHT ON THE SPECIAL PLANNING DISTRICT WAS, UM, TO PROMOTE APPROPRIATE DEVELOPMENT TO THE CHARACTER OF NEARBY NEIGHBORHOOD.
SO AS WE READ THAT, IT'S BEING CONSISTENT, IT'S LOOKING FOR CLUES AND GUIDANCE IN THE URBAN, UH, FABRIC OF THE NEIGHBORHOOD.
AND WE BELIEVE THAT THE PROPOSAL IN FRONT OF YOU TODAY IS DOING THAT, UH, VERY FIRMLY IN SPIRIT WITH THE PLANNING DISTRICT.
UM, I THINK WE'LL WAIT FOR QUESTIONS UNTIL AFTER EVERYONE GETS TO SPEAK.
THIS OTHER GENTLEMAN, IS HE SPEAKING? UH, SURE.
MARK, DO YOU WANNA SPEAK OR MARK WAS GONNA BE HERE FOR QUESTIONS IF NECESSARY.
HE CAN'T, HE'S GONNA HAVE TO BE SWORN IN TO ANSWER QUESTIONS.
SO YOU'RE, YOU'RE WELCOME TO, YEAH, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN SHE'LL SWEAR YOU IN.
MARK JIMI 36 10 EDGEWATER STREET, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, BRIAN COURT, WHO IS THE ARCHITECT ON THIS PROJECT,
[03:30:01]
SPOKE FOR BOTH OF US A LITTLE BIT CLOSER TO THE MICROPHONE.SORRY, BRIAN THERE, YOU WHO, UH, IS THE ARCHITECT FOR OUR PROJECT, SPOKE FOR BOTH OF US.
I AGREE WITH WHAT BRIAN SAID AND I, AND I APPRECIATE YOUR CONSIDERATION AND I JUST WANTED TO BE SWORN IN IN CASE THERE WERE SPECIFIC QUESTIONS A AROUND, YOU KNOW, PERFECT MY THOUGHTS.
SO, UM, WE'RE GONNA, WE'LL WE'LL DO ALL, WE'LL DO WE'LL HEAR EVERYTHING AND THEN WE'LL DO QUESTIONS.
SO, UM, YOU SAID THERE'S ONLY ONE SPEAKER IN OPPOSITION REGISTERED? CORRECT.
SO YOU GO AHEAD AND CALL THAT THAT SPEAKER.
IF YOU GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
I LIVE AT 4 4 3 7 COLE AVENUE AND I HAVE NOT FILLED OUT ONE OF THE BLUE PAPERS YET.
UM, YOU SIGN UP ONLINE, YOU'RE GOOD.
UM, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
I AM ONE BLOCK NORTH AT THE COLE ARMSTRONG INTERSECTION, SO I'M JUST A LITTLE BIT OUTSIDE OF THAT 200 FEET.
WELL, BUT I WILL TELL YOU THAT OUR NEIGHBORS ARE HIGHLY ENGAGED, AS MANY OF US ARE LONGTIME RESIDENTS OF THE NEIGHBORHOOD.
AND AS A GENTLEMAN STATED EARLIER, I WASN'T SUPPOSED TO GET A LETTER, BUT A LOT OF THE NEIGHBORS COMPLAINED THAT THEY JUST GOT 'EM OVER THE WEEKEND.
SO PERHAPS THAT'S JUST MORE INFORMATION FOR YOU ALL TO FOLLOW UP WITH LATER.
UH, AS YOU KNOW, KNOX IS EXPLODING.
IT IS HAS MAJOR CONSTRUCTION AND THERE'S A LOT OF EXCITING DEVELOPMENT THAT'S ON ITS WAY.
IT'S ONE OF THE MOST WALKABLE COMMUNITIES IN DALLAS, TEXAS, AND THAT'S WHY A LOT OF US HAVE CHOSEN TO MAKE IT HOME.
THE AREA SOUTH OF ARMSTRONG, SOUTH OF THE KNOX PIT IS SUBSTANTIALLY RESIDENTIAL AND IT'S ZONED MF TWO FOR THE MOST PART.
MANY ARE SIGNIFICANT ARCHITECT DESIGN HOMES, KIND OF THE WHO'S WHO OF ARCHITECTS THROUGH DALLAS AND, AND OUTSIDE.
OUR NEIGHBORS OF COURSE HAVE BEEN CONCERNED ABOUT WHAT WAS GONNA HAPPEN ON THE PROPERTY AS UH, TIME GOES ON.
SO WE'VE BEEN VERY ENCOURAGED THAT THE DEVELOPERS HAVE SHARED PLANS ABOUT KEEPING THAT PROPERTY AS MF TWO, OUR MAIN CONCERN WAS THAT ZERO SETBACK, WHICH WAS JUST ADDRESSED.
AND SO WHEN I SIGNED UP TO SPEAK AND AS DID SOME OTHER NEIGHBORS, IT WAS REALLY IN OPPOSITION TO THE ZERO SETBACK BECAUSE CONSISTENTLY THROUGHOUT THE NEIGHBORHOOD, INCLUDING MY OWN DEVELOPMENT, IT'S FIVE TO 10 FEET.
SO WE DID HAVE THE OPPORTUNITY TO MEET WITH THE DEVELOPER AND THE ARCHITECT AND THEY DID LISTEN TO THE CONCERNS THAT, THAT WE EXPRESSED ABOUT THOSE SETBACKS.
AND WE BELIEVE THAT THEY WILL FOLLOW THROUGH WITH WHAT THEY HAVE HAVE SAID ABOUT THE ZERO SETBACK.
WE LOOK FORWARD AS NEIGHBORS TO CONTINUED ENGAGEMENT WITH THE DEVELOPER BECAUSE WE WANT A SUCCESSFUL PROJECT, ANOTHER MF TWO PROJECT WITHIN THE PD 1 93 GUIDELINES.
SO THANK YOU FOR WHAT YOU DO AND IF I CAN, UH, ADDRESS ANY QUESTIONS, I'D BE HAPPY TO DO SO.
SO I GUESS TECHNICALLY I'M STARTED IN OPPOSITION, BUT IT SOUNDS LIKE IT.
YEAH, I WAS JUST GONNA SAY NOW ARE YOU STILL IN OPPOSITION OR, AND I'M NOT TRYING TO PIT ONE AGAINST THE OTHER.
WE, AFTER WE HAD A, WE HAD AN OPPORTUNITY TO HAVE THE MEETING, UH, WHAT WE WERE OPPOSED TO WAS A ZERO SETBACK, WHICH HAS NOW BEEN WITHDRAWN.
SOUNDS LIKE YOU CHANGED THAT, BUT WE'RE ABOUT TO QUESTION HIM ON THAT.
I WILL, YOU MAY WANNA RESERVE YOUR OPPOSITION.
QUESTIONS FROM THE BOARD TO THE APPLICANT, MR. FINNEY? UH, HI MR. COURT.
UM, SO I HAVE A QUESTION ABOUT THIS FIVE FOOT SETBACK.
SO IF YOU'RE, IF YOU'RE, IF YOU'RE ADDING THE FIVE FOOT SETBACK IN, UM, IS THAT REFLECTED ON THE SITE PLAN THAT, THAT WE HAVE THAT WAS SUBMITTED FOR THE DOCKET? IT IS NOT CURRENTLY DRAWN THAT WAY.
SO WE'VE DRAWN THE SOUTH FACE OF THE BUILDING ON THE SOUTH PROPERTY LINE.
SO WHAT THE MODIFICATIONS THAT WE WOULD MAKE WOULD BE TO EITHER SHIFT IT IDEALLY FIVE FEET, BUT UM, DEPENDING ON YOUR RULING 10 FEET AS WELL.
[03:35:01]
AND SO THEN WAIT A MINUTE, CLARIFY THAT AGAIN.SO YEAH, SO WE, THE DRAWINGS THAT YOU'RE LOOKING AT, WE'VE DONE THESE, WE YOU SUBMITTED.
THAT WAS, IF WE COULD GET, IF WE WERE GRANTED THE VARIANCE TO ZERO SETBACK.
AND WE WERE ASKING FROM 10 FOOT, WHICH IS THE OLIVER OUTSIDE SIDE YARD SETBACK.
NOW BASED ON OUR ANALYSIS OF THE EXISTING CONDITIONS IN THE NEIGHBORHOOD AND THE PROPERTY IMMEDIATELY TO THE SOUTH, THEY ARE SET BACK FIVE FEET.
I DON'T KNOW HOW THAT PROJECT WAS PERMITTED WITH A FIVE FOOT SETBACK, BUT PERHAPS SOMETHING'S CHANGED IN THE 20 YEARS OR SO, UH, SINCE THAT BUILDING WAS CONSTRUCTED.
BUT MY POINT EARLIER WAS THAT THAT IS THE, A CONSISTENT FIVE YARD SIDE YARD SETBACK EXISTS, UM, IMMEDIATELY ADJACENT TO US.
SO I'M GOING BACK TO MR. FINNEY.
WHAT THE ORIGINAL REQUEST ON OLIVER WAS TO GO FROM A 15 FOOT SETBACK TO A 10 FOOT ON OLIVER, RIGHT? OLIVER? CORRECT, YES SIR.
AND THEN FOR THE BACK, THE SOUTHERN PORTION TO GO FROM A 10 FOOT SETBACK TO A ZERO.
NOW YOU'RE SAYING THAT YOU'D GO KEEP THE OLIVER 10 FOOT, A FIVE FOOT VARIANCE, THERE WOULD BE 10, BUT THE BACK PORTION OF THE PROPERTY YOU WOULD GO TO FIVE FEET.
SETBACK INSTEAD OF ZERO? CORRECT.
AND SO IN ORDER TO ACCOMPLISH THAT, YOU WOULD, UH, ESSENTIALLY SHIFT EVERYTHING TO THE NORTH BY FIVE FEET, IS THAT CORRECT? SO THEN DOES THAT MEAN WELL, JUST, JUST TO KEEP IT ACCURATE, WE'RE NOT PROPOSING SHIFTING THE FRONT OF THE BUILDING.
THE FRONT OF THE BUILDING RIGHT NOW IS DRAWN ASSUMING A A 10 YARD SETBACK.
SO AND THAT'S, I'M SO GLAD YOU SAID THAT BECAUSE THAT'S, THIS IS ALMOST LIKE A TWO PART QUESTION.
'CAUSE THE, WHEN YOU SAY FRONT OF BUILDING, DO YOU MEAN THE LITTLE, UM, LIKE OUTDOOR WALL THAT'S THAT BUTTS THAT KIND OF JUTS OUT AT THE NORTH END OF THE BUILDING? IS THAT WHAT YOU'RE CALLING THE, THE FACE OF THE BUILDING? THAT, THAT'S, THAT, THAT ACTUALLY WOULD GO INTO THE, THE LEGAL SETBACK.
UM, WHICH IS WHY YOU WOULD HAVE THE VARIANCE? OR DO YOU ACTUALLY MEAN THE END OF THAT U UNIT? SO UNITS ONE AND EIGHT WOULD ACTUALLY BE, UM, UH, IN, IN, IN THE FIVE FOOT INTO THE, THE LEGAL SETBACK.
THEY, THEY WOULD BE BUILT FIVE FEET INTO THE 15 FOOT FRONT YARD SETBACK.
SO, 'CAUSE I'M STILL CONFUSED.
I KNOW WHAT YOU'RE TALKING ABOUT.
YOU DON'T MEAN SHIFT ANYMORE, THE WORD SHIFT.
I THOUGHT THE WHOLE PROCESS WAS GONNA, WE SHRINK WOULD'VE BEEN THE CORRECT WORD.
MY APOLOGIES SHRINK, WE WOULD BE SHRINKING THE PROJECT, PULLING IT FIVE FEET OFF OF THE SOUTH PROPERTY LINE AND LEAVING THE NORTH AS CURRENTLY DRAWN.
DOES THAT CLARIFY THAT THEN? YES, MOSTLY.
SO JUST TO CLARIFY, SO THAT THEN THAT THAT WALL, UM, THE OUTDOOR WALL THAT ENCLOSES I GUESS A SIDE YARD ON THE NORTH END, UH, IS THAT, IS THAT ENCROACHING INTO THE BUILDING SETBACK? UM, IT IS.
AND IS THAT WHY YOU'RE ASKING FOR THE VARIANCE? NOPE.
THAT'S JUST A LANDSCAPING WALL.
THE PURPOSE OF THE VARIANCE REQUEST IS JUST UNDERSTANDING HOW MUCH BUILDING, UH, WE CAN ACHIEVE ON THE SITE GIVEN THE SETBACKS ON THE FOUR SIDES.
AND SO, UM, JUST TO REITERATE, SORRY.
UM, SO WHAT YOU'RE PROPOSING IS, UM, ON THE NORTH END OF THE SITE, UH, THE EDGE OF THE BUILDING, WHICH WOULD BE THE, THE EDGE OF UNITS ONE AND EIGHT WOULD SIT FIVE FEET INTO THE CURRENT SETBACK, UM, WHICH WOULD BE AT THE 10 10 FOOT SETBACK LINE ESSENTIALLY, UM, INSTEAD OF 15, IS THAT RIGHT? THAT'S CORRECT.
WHAT'S THE MINOR CORRECTION? SO CURRENTLY THE PARCELS HAVE, THAT PLAT HASN'T BEEN APPROVED YET.
SO THERE'S CURRENTLY A 50 FOOT, THE PROPERTY HASN'T BEEN CONJOINED YET.
SO CURRENTLY THE FRONT SETBACK IS ONLY ON TRAVIS.
THERE'S A SIDE YARD SETBACK THAT'S APPLICABLE FROM OLIVER BECAUSE THE PARCEL DIMENSIONS HAVEN'T CHANGED YET.
SO IT'S ONLY BY TRIGGERING THE PARCEL JOINING THAT THE ZONING ANALYSIS THEN FLIPS OUR FRONT YARD FROM ONE SIDE TO THE OTHER.
SO ONCE YOU JOIN THE TWO PARCELS, IT CHANGES
[03:40:01]
THE SETBACK ON OLIVER TO BE 15 FEET AS DETERMINED BY THE BUILDING OFFICIAL.IT WOULD BE A FRONT YARD SETBACK ON OLIVER.
AND SO CURRENTLY THIS SITE PLAN DOES NOT REFLECT THAT, IS THAT WHAT YOU'RE SAYING? NO.
THE OR IT DOES, IT DOES, IT DOES REFLECT IT, YEAH, IT DOES AT THE NORTH END.
THE ONLY THING THAT WE WOULD NEED TO CHANGE ON THE DRAWINGS SUBMITTED ARE SHRINKING THAT SOUTH EXTENT OF BUILDING MASS FIVE FEET TO THE NORTH.
MR. FINN, CAN YOU SEE THE CURRENT SLIDE? YEAH, BUT IF, IF WE, AND SO THE 10 FOOT, I WAS JUST TRYING TO IDENTIFY THAT THE YEAH.
FRONT OF THE BUILDING THAT'S FACING OLIVER AND THE 10 FEET THAT YOU'RE REFERRING TO.
SO IF YOU KIND OF LOOK TO THE LEFT WHERE IT SAYS SETBACK SIDEWALK, 20 FEET, 10 FEET, THAT'S YOUR PROPERTY LINE.
AND THEN THE FACE OF THAT BUILDING, IS THAT 10 FEET? IS THAT WHAT YOU WAS QUESTIONING EARLIER AND CURRENTLY? DOES THAT ANSWER THE QUESTION? YES.
AND THEN NOW THEY KINDA ANSWER SOME OF THE QUESTIONS ABOUT THE WALL AS WELL UP FRONT OF OLIVER.
SO I'VE GOT MR. KOVICH, THEN I HAVE A FEW QUESTIONS, MR. KOVI.
SO MY QUESTION IS FOR YOU, MR. CHAIRMAN? YES.
UH, GIVEN WHAT THEY'RE SAYING, DO THEY NOT THEN WE, WE REALLY CAN'T CONCLUDE THIS MATTER TODAY 'CAUSE CORRECT.
THE SITE PLANS HAVE TO BE SUBMITTED.
SO, UM, BECAUSE BECAUSE IIII HESITATE TO APPROVE ON VERBAL, UH, AS DO I, UH, SO ARE WE GOING TO APPROACH THIS AS A HOLDOVER? PROBABLY? MM-HMM
YOU CAN, IF YOU COME TO THE MICROPHONE AND ASK ME,
UM, WE ALREADY APPLIED FOR THE TWO PARCELS TO BE ADJOINED INTO ONE.
SO I THINK WHAT BRIAN WAS SAYING IS THAT BECAUSE WE DON'T KNOW, SO IT'S NOT A PRELIMINARY, IT'S NOT A PRELIMINARY PLAT ANYMORE.
SO I THINK WHAT BRIAN WAS SAYING WAS THAT, WELL, 'CAUSE WE DON'T KNOW IF IT'S 10 OR 15 YET, IT'S NOT SET YET.
BUT THIS BEING ONE PROPERTY'S BEEN SET.
WE ALREADY HAD THAT HEARING AND IT ALREADY HAPPENED.
SO, UM, LET ME ASK A QUESTION, SIR, TO MR. COURT.
SO YOU'RE HONORING THE SETBACK ALONG TRAVIS? ABSOLUTELY, YES.
THE, THE, OKAY, THE, THE, THE EXISTING, YOU'RE NOT ASKING FOR ANY EXCEPTION TO THAT SETBACK.
SO YOU'RE ASKING FOR A SETBACK OF, I GOTTA CHECK MY NOTES AGAIN.
YOU'RE ASKING FOR A SETBACK OF 10 FEET ON OLIVER, WHICH IS A VARIANCE OF FIVE.
AND YOU ORIGINALLY WERE ASKING FOR 10 FEET IN THE BACK OF THE BUILDING, WHICH WOULD DO VARIANCE OF 10.
NOW YOU'RE SAYING YOU'RE ONLY ASKING FOR FIVE IN THE BACK.
I THINK WE'RE PREDISPOSED TO BE SUPPORTIVE, BUT WE CANNOT ACT ON YOUR VERBAL CHANGE BECAUSE WE CAN'T EXPECT THE STAFF OF WHICH WE DO TO ENFORCE AGAINST OUR JUDGMENTS.
WE'RE NOT, UH, UH, TO EQUAL TO AND TO IMPLEMENT OUR JUDGMENTS.
SO IN ORDER TO AVOID MISINTERPRETATION, I, AND I'VE ALREADY LEANED OVER AND ASKED, CAN WE APPROVE THIS OR DO YOU NEED NEW DRAWINGS? AND OUR BOARD ADMINISTRATOR SAID WE NEED SAY IT ON THE RECORD PLEASE.
WE NEED NEW DRAWINGS SO THAT WE CAN REVIEW THEM.
SO, BUT I THINK WE'RE PREDISPOSED TO BEING IN FAVOR.
I WON'T SPEAK FOR THE BOARD, BUT I THINK THAT'S WHERE WE'RE THE SENTIMENT IS THAT, SO I THINK WHAT THE QUESTION IS, CAN YOU GET NEW DRAWINGS TO STAFF BY DATE X CAMIKA? WE'RE GONNA GO TO YOU IN A SECOND.
SO YOU TELL ME DATE IN ORDER TO MAKE OUR NEXT MEETING.
BRIAN? JUST A SO WHAT WHAT IS OUR, OUR NEXT MEETING IS APRIL 15TH.
SO SHE HAS DEADLINES BEFORE THAT.
SO I DON'T KNOW WHAT DEADLINE YOU WANT TO QUOTE.
SO HOLD ONE SECOND AND THEN WE'LL PUT IN THE RECORD THAT YOU ARE MAKING A REQUEST OF US TO HOLD OVER TO A DATE CERTAIN, SEE HOW I'M GONNA SET YOU UP.
BUT, UH, THE OTHER ONLY OTHER QUESTIONS ON THE PROJECT.
I'LL ASK A FEW WHILE SHE'S CONFIRMING.
SO THAT DRIVEWAY IS THAT WIDE ENOUGH FOR 14 UNITS, WHICH IS 28 CARS.
WE SPENT A LOT OF TIME EVALUATING THE, THE CODE WE'RE 20 FEET CLEAR FOR THOSE, UH, 90 DEGREE ANGLE PARKING SPACES.
IS IT CONSISTENT WITH CODE 24 FOOT CLEAR IS THE DRIVE BY, IS IT CONSISTENT WITH CODE? YES.
AND WHAT IS THIS DRIVE CALLED? I FORGOT THE ZONING TERM.
[03:45:02]
WHEN YOU HAVE, UH, WHEN YOU HAVE PARKING ON BOTH SIDES, ON THE FIR ON THE ONE FLOOR, WHAT'S IT CALLED? THIS IS JUST A TWO-WAY DRIVE OUT.'CAUSE WE'D HATE TO BE COMPLICIT WITH SOMETHING THAT WAS GONNA BE DYSFUNCTIONAL.
IT IS TIGHT, BUT IT MEETS CODE THAT'S THE TYPICAL PARKING LOT DIMENSION.
SO I, THAT DOESN'T MAKE ME AFRAID, BUT I JUST WANNA MAKE SURE IT'S EQUAL TO WHAT THE CODE IS.
AND IF IT IS, THEN IT'S OUTSIDE OF OUR DEAL.
I WAS STALLING FOR YOU, MS. BOARD ADMINISTRATOR.
SO IT'S GOING TO BE THE LATEST DATE FOR THEM TO GET IT TO YOU TO MAKE IT TO OUR 15TH APRIL.
CAN YOU GET REVISED PLANS BY MARCH 31ST? YEAH, ABSOLUTELY.
IS THAT ACCEPTABLE THEN? OKAY.
SO ARE, SO YOU'RE MAKING A REQUEST FOR US TO HOLD THIS OVER TO INCORPORATE THE CHANGE IN YOUR PLANS AND THIS IS YOUR REQUEST? THAT'S CORRECT.
THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HOPKOS, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 3 9 HOLD THIS MATTER UNDER ADVISEMENT UNTIL APRIL 15TH, 2025 AT THE APPLICANT'S REQUEST.
I SAY THAT FOR SIR BECAUSE I DON'T LIKE HOLDING THINGS OVER 'CAUSE IT PUTS NEIGHBORS IN A SLING SLINKY MODE THAT, YOU KNOW, ARE YOU SHOWING UP TODAY OR NOT? BUT WE'RE GONNA DO THIS ONE TIME AT YOUR REQUEST.
ALRIGHT? IT'S BEEN MOVED BY MR. KOVICH IN BDA 2 4 5 DASH 0 3 9 TO HOLD THIS MATTER UNDER ADVISEMENT UNTIL APRIL 15TH, 2025 AT THE APPLICANT'S REQUEST.
IS THERE A SECOND? I ANDREW FINNEY SECOND.
THE MOTION MR. HOP POINT OF POINT OF ORDER? YES.
UH, SINCE THIS THE EXACT SAME MOTION ON BOTH, DO WE NEED ONE? WILL COVER BOTH? ONE WILL COVER BOTH FINE, THANK YOU.
WELL, UM, KUDOS TO YOU FOR MAKING AN ADJUSTMENT BASED ON THE INPUTS YOU'VE GOTTEN FROM THE NEIGHBORS AND, UM, UH, I THINK WE ARE FAVORABLY INCLINED TO LOOK AT THIS AGAIN WITH REVISED PLANS THAT WE CAN HOLD YOU TO AND WE'LL LOOK FORWARD TO THAT.
UH, YEAH, I WAS REALLY IMPRESSED TO, UM, SEE THAT YOU CLEARLY HAVE A RELATIONSHIP WITH THE NEIGHBORS AND Y'ALL HAVE BEEN TALKING AND WORKING OUT YOUR ISSUES.
MY COMMENT IS, I, IT'S, IT'S AWFUL TIGHT FOR ME.
BUT THAT'S KIND OF, YOU KNOW, BEFORE, AS I WAS GIVING PEOPLE A LITTLE BIT OF CRAP ABOUT DIFFERENT NEIGHBORS AND THAT SORT OF THING, THIS IS A NEIGHBORHOOD AND I THINK THIS IS PRETTY CONSISTENT WITH THE NEIGHBORHOOD.
SA LITTLE BIT ELBOW ROOM FOR ME, BUT JUST AS LONG AS YOU MEET THE CODE FOR THAT DRIVEWAY AND SO FORTH, UH, I DO THINK IT'S A SMART THING TO GO AWAY FROM THE ZERO SETBACK.
I, I WOULD'VE GIVEN ME HEARTBURN THAT WOULDN'T HAVE KILLED THE DEAL, BUT IT WOULD'VE GIVEN ME SOME HEART WORD.
WHAT ABOUT OTHER, OTHER MEMBERS? SO I'M SUPPORTIVE OF YOUR REQUEST AND MR. HOP'S MOTION.
ANY OTHER DISCUSSION? SEEING NONE.
BOARD ADMIN, BOARD SECRETARY WILL CALL THE VOTE.
MOTION TO HOLD UNTIL APRIL 15 IS GRANTED, UH, FIVE TO ZERO IN THE MATTER OF BDA 2 4 5 0 3 9.
THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE AT THE APPLICANT'S REQUEST IS HOLDING THE MI ITEM UNDER ADVISEMENT TILL APRIL 15TH, 2025.
ALRIGHT, THAT'S THE LAST ITEM ON THE AGENDA FOR TODAY.
OUR NEXT MEETING IS THE 15TH OF APRIL.
SINCE BRIAN LIVES IN SEATTLE, YOU GUYS DON'T CARE IF IT'S HE OR I THAT COME IN PERSON TO THE NEXT MEETING.
DO YOU, IS IT, IS IT CRITICAL THAT HE COMES OR IS IT I'M, I'M TECH.
I'M TECHNICALLY THE APPLICANT.
IT'S OKAY IF I COME TO DO THAT RATHER THAN HAVING HIM FLY BACK.
THE APPLICANT IS MARKED JIM, BRO.
WELL, THAT'S THE PERSON THAT NEEDS TO BE HERE.
I THINK, I THINK WE'RE, I I THINK THE SENTIMENT IS WE'RE IN FAVOR OF YEAH.
I MEAN, AND IF HE WANTS TO JOIN, YOU KNOW, VIA WEBEX, WHICH YOU'RE WELCOME TO DO SO, WHICH I REGULARLY WOULD NOT RECOMMEND, YOU KNOW, BECAUSE YOU CAN SEE SOMETIMES YOU HEAR SOMETIMES IT'S NOT BE THE STRONGEST WAY, BUT YOU'VE BEEN HERE ALREADY.
I THINK WE HAVE A SENSE OF WHAT'S GOING ON HERE.
UM, SO, UH, ALRIGHT, SO, UH, WE'RE HOLDING OVER THAT WE, THAT GOT APPROVED.
OUR NEXT MEETING IS APRIL 15TH.
[03:50:01]
18TH OF MARCH, 2025.THE BOARD OF ADJUSTMENT PANEL, A UH, CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN.
MR. CHAIR, I MOVE THAT WE ADJOURN.
THE BOARD OF ADJUSTMENTS ADJOURNED AT 4:50 PM THANK YOU ALL.