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GOOD MORNING AND WELCOME TO THE BOARD OF
[Board of Adjustments: Panel B on April 16, 2025.]
AD OR WELL, GOOD AFTERNOON.WELCOME TO THE BOARD OF ADJUSTMENT.
I'M SHERRY GABO AND I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT AND OF ITS PANEL B.
TODAY IS APRIL 16TH, 2025 AT THE TIME OF 1:01 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM, WHICH IS A MINIMUM OF FOUR OF OUR FIVE PANEL MEMBERS IS PRESENT, AND THEREFORE WE CAN PROCEED WITH OUR MEETING.
PRESENT TODAY ARE MYSELF, SHERRY GABO.
NEXT IS SARAH LAMB, PARKER GRAHAM AND JOE CANNON.
OUR STAFF PRESENT INCLUDES, UM, MATT SAPP, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DIANA BARUM, OUR PROJECT COORDINATOR, BRYANT JOHNSON.
BRYANT THOMPSON, OUR SENIOR PLANNER, AND MARY WILLIAMS, OUR BOARD SECRETARY.
UM, WE ALSO HAVE BEHIND ME, UM, CAMBRIA JORDAN, OUR SENIOR PLANNER.
UM, AT THE ROUND TABLE IS PHIL IRWIN, OUR CHIEF ARBUS.
OUR INTERIM, UM, UH, BOARD ADMINISTRATOR DAVID NAVARRE, OUR TRAFFIC ENGINEER, NORA NDA AND SARAH AVARA, OUR SENIOR PLANS EXAMINER.
AND WE HAVE JASON POOLE WITH PLANNING AND DEVELOPMENT DEPARTMENT.
UM, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENTS OF THE WAY IN WHICH THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER THE CITY COUNCIL APPROVED RULES OF PROCEDURE, AND THESE ARE POSTED ON OUR WEBSITE, NO ACTION OR DECISION ON A CASE THAT'S PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED THE DETAILED DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES TODAY WILL NEED TO BE SUBMITTED TO OUR BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
THIS IS IMPORTANT APPROVALS OF A VARIANCE, A SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATOR OFFICIAL DECISION REQUIRES 75% ARE FOUR AFFIRMATIVE VOTES OF A FULL FIVE MEMBER PANEL.
SO FOR TODAY, WE ONLY HAVE FOUR MEMBERS.
SO IN ORDER FOR SOMETHING TO PASS, YOU HAVE TO HAVE FOUR AFFIRMATIVE VOTES.
UM, ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
AND ANYONE DESIRING TO SPEAK TODAY, MS. REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
THERE IS NO TELECONFERENCING, UM, ALLOWED VIA WEBEX AND ALL COMMENTS SHOULD BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY.
UM, BACK TO THE AFFIRMATIVE VOTES AND NOT HAVING A FIVE MEMBER PANEL.
IF THERE IS ANYBODY THAT IS NOT COMFORTABLE HAVING A FOUR MEMBER PANEL, UM, YOU CAN LET US KNOW THAT AND WE CAN HOLD YOUR CASE OVER.
UM, SINCE WE ONLY HAVE FOUR TODAY.
UM, AND WITH THAT, WE ARE GOING TO, UM, GET STARTED AND WE WILL START WITH A, UM, UH, WELL, FIRST OF ALL, I GUESS WE NEED TO, UM, OUR MINUTES AND THEN WE'LL GET STARTED WITH, WE HAVE A LITTLE BIT OF TRAINING TODAY OR A LITTLE BIT OF INFORMATION ABOUT DALLAS NOW.
UM, SO WE HAVE A MOTION TO APPROVE THE MEETING MEETING MINUTES FROM LAST MONTH.
UM, I'VE MOVED TO APPROVE THE MEETING MINUTES FROM FEBRUARY, SO SIX FEBRUARY, UH, FEBRUARY 19TH, 19TH, FEBRUARY 19TH, 20, UH, 2025.
ALRIGHT, ALL IN FAVOR SAY AYE.
ALL OTHER VOTES AFTER THIS WILL BE A ROLL CALL VOTE.
AND NOW I WILL TURN THE MEETING OVER TO JASON, OUR PLANNING DEVELOPMENT DEPARTMENT, ASSISTANT DIRECTOR WHO WILL BRIEF US ON, UM, DALLAS NOW.
GOOD AFTERNOON, BOARD OF ADJUSTMENT PANEL B.
I'M THE ASSISTANT DIRECTOR FOR PLANNING AND DEVELOPMENT.
UH, TODAY I WANT TO DO A LITTLE PRESENTATION OVER DALLAS NOW, UM, GIVE, GIVE AN ANNOUNCEMENT OF THE SYSTEM, UH, PROVIDE SOME KEY HIGHLIGHTS AND WHAT IT'S GONNA BRING, AND THEN SHARE SOME IMPORTANT UPCOMING DATES AND EVENTS THAT THAT WILL HAPPEN SURROUNDING THIS, THIS NEW SOFTWARE.
SO WHAT IS DALLAS NOW? DALLAS NOW IS OUR NEW LAND MANAGEMENT SYSTEM.
UM, ESSENTIALLY THIS IS WHAT WE USE TO REGULATE ALL OF OUR PERMITTING.
UH, CURRENTLY OUR SYSTEM POSSE HAS BEEN IN PLACE FOR A LITTLE OVER 20 YEARS.
IT IS, IT IS TIME TO UPGRADE IT.
UM, I DO HAVE A LITTLE VIDEO THAT STAFF HAS PREPARED, UH, JUST KIND OF AS A PREVIEW FOR WHAT'S COMING.
UM, THIS IS POSTED ON OUR PUBLIC WEBSITE AND, UH,
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WE'VE MADE IT AVAILABLE AND IT PROVIDES A LITTLE BIT OF INFORMATION ABOUT THE SYSTEM, WHICH I'LL, I'LL GO INTO TO MORE AFTER THE VIDEO.THE CITY OF DALLAS PLANNING AND DEVELOPMENT DEPARTMENT IS EXCITED.
IN JUST A FEW SHORT WEEKS, WE WILL INTRODUCE OUR NEW LAND MANAGEMENT PLATFORM, DALLAS.
NOW THIS NEW PLATFORM WILL REVOLUTIONIZE HOW WE HANDLE PERMITTING, PLANNING, ZONING, INSPECTIONS, AND MUCH MORE.
DALLAS NOW IS A CLOUD-BASED SYSTEM DESIGNED TO INTEGRATE 15 DIFFERENT SYSTEMS, INCLUDING PROJECT DOCS AND GIS INTO ONE SEAMLESS POWERFUL PLATFORM.
THIS NEW SYSTEM IS SET TO ENHANCE EFFICIENCY, IMPROVE TRANSPARENCY, AND PROVIDE TOP-NOTCH CUSTOMER SERVICE.
SERVICE DALLAS NOW WILL CHANGE THE WAY WE MANAGE KEY PROCESSES AND DELIVER SERVICES TO OUR CUSTOMERS.
KEY BENEFITS OF DALLAS NOW STREAMLINED PROCESSING, IMPROVED PUBLIC TRANSPARENCY, ENHANCED CUSTOMER EXPERIENCE.
DALLAS NOW IS MORE THAN JUST A PLATFORM.
IT'S A GAME CHANGER IN HOW WE MANAGE PLANNING, ZONING AND LAND USE IN DALLAS.
BY REDUCING DELAYS, IMPROVING COMMUNICATION, AND MEETING THE NEEDS OF OUR CUSTOMERS.
WE'RE SETTING THE STAGE FOR A MORE EFFICIENT AND RESPONSIVE FUTURE.
WE'RE EXCITED TO ROLL OUT DALLAS NOW AND CAN'T WAIT TO SEE HOW IT WILL IMPROVE OUR PROCESSES AND HELP US BETTER SERVE YOU.
SO IN JUNE OF 2024, AS AS MANY OF YOU KNOW, UH, PLANNING AND URBAN DESIGN AND DEVELOPMENT SERVICES, WERE OFFICIALLY UNITED INTO ONE DEPARTMENT, WHICH BROUGHT ALL OF OUR SERVICES UNDER ONE UMBRELLA.
UH, PRIOR TO THIS AND FOR NEARLY, UH, I GUESS FOR ALMOST TWO YEARS, UH, WE WERE ALREADY AT WORK ON A NEW SYSTEM THAT WOULD MATCH THAT VISION.
IT WAS ORIGINALLY SET TO LAUNCH IN THE SUMMER OF THIS YEAR.
HOWEVER, DALLAS NOW IS IN THE FINAL STAGES, UH, TWO MONTHS AHEAD OF SCHEDULE AND IS SET TO LAUNCH ON MAY THE FIFTH.
UH, THIS IS A UNIFIED SYSTEM FOR A UNIFIED DEPARTMENT THAT'S DESIGNED TO MAKE WORK EASIER, MORE CONNECTED, AND SET US UP FOR BETTER SERVICE AND FUTURE IMPROVEMENTS.
UH, DALLAS NOW IS DESIGNED TO MAKE US MORE INTEGRATED AND ACCESSIBLE BY BRINGING ALL OF OUR CORE FUNCTIONS, WHICH INCLUDES ZONING, PLATTING, ENGINEERING, PERMITTING, AND INSPECTIONS INTO ONE CLOUD-BASED SYSTEM.
UH, CURRENTLY THESE OPERATE INDEPENDENTLY WITH OUR MOST ADVANCED SYSTEM BEING AN INTERNAL, LOCALLY INSTALLED SOFTWARE THAT HAS A FEW ONLINE COMPONENTS.
HOWEVER, MANY OF OUR PROCESSES ARE FULLY MANUAL AND THEY RELY ENTIRELY ON PAPER AND PHYSICAL HANDOFFS.
UH, WITH DALLAS, NOW EVERYTHING IS IN ONE PLACE.
IT'LL BE ACCESSIBLE TO STAFF, TO APPLICANTS, AND TO THE PUBLIC ANYTIME, ANYWHERE.
UH, THIS WILL INCLUDE SUBMITTING APPLICATIONS, STAFF COMMENTS, REVISIONS, POST-APPROVAL DOCUMENTS.
ALL OF THESE ARE TRACKED AND ARE VISIBLE FROM A WEB BROWSER.
UH, THOSE WHO STILL WISH TO COME IN PERSON.
UH, WE WILL OFFER ATTENDED SELF-SERVICE STATIONS AT ALL OF OUR OFFICES INTERNALLY.
DALLAS NOW WILL INTEGRATE WITH 15 EXTERNAL PLATFORMS, WHICH CREATE A MORE EFFICIENT, ACCURATE WORKFLOW FOR STAFF AND ACROSS ALL OF OUR DIVISIONS.
AND FINALLY, DALLAS, OR EXCUSE ME, DALLAS NOW IS FULLY DIGITAL, WHICH MEANS EVERYTHING HAPPENS IN A SECURE ONLINE ENVIRONMENT.
UH, WE WON'T HAVE ANY MORE PAPER SUBMITTALS OR MANUAL HANDOFFS.
PLANS AND DOCUMENTS ARE ARE UPLOADED AND REVIEWED.
DIGITALLY APPROVED DOCUMENTS ARE RESEARCHABLE INSTANTLY IN ONE CENTRALIZED LOCATION, AND DALLAS NOW WILL OFFER REALTIME TRANSPARENCY.
UH, OUR CITIZEN ACCESS PORTAL ALLOWS THE PUBLIC TO SEARCH RECORDS BY ADDRESS TAX, UH, PARCEL ID CONTRACTOR, AND MANY OTHER OPTIONS.
UH, FOR APPLICANTS REAL-TIME EMAIL NOTIFICATIONS ARE SENT FOR EACH KEY STEP, AND THIS INCLUDES WHEN THE APPLICATION'S ACCEPTED, WHEN THE PAYMENT'S, UH, BEEN PROCESSED, THEY'LL GET RECEIPTS, UH, THEY'LL GET REVIEW UPDATES, OUTCOMES, UH, INCLUDING INSPECTION RESULTS, ANY FINAL DECISIONS FROM HEARINGS.
AND THEN ANY DIGITAL COPIES THAT ARE INVOLVED IN THOSE PROCESSES WILL BE EMAILED DIRECTLY TO THE, UH, APPLICANT.
AND THESE EMAILS ARE SENT, UH, ONCE EACH STEP IS COMPLETE AND THEY'RE INSTANT, AND THEY COM THEY'RE, THEY'RE THERE TO PROVIDE CONSISTENT COMMUNICATION AND PROVE ACCOUNTABILITY AND PROVIDE BETTER CUSTOMER SERVICE.
SO A FEW THINGS THAT ARE SPECIFIC TO BOARDS AND COMMISSIONS.
SO WE WILL HAVE IMPROVED CASE TRACKING AND TRANSPARENCY.
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UH, THESE REAL-TIME NOTIFICATIONS WILL BE SENT OUT TO APPLICANTS.UH, WE DO HAVE OUR A CA PORTAL, WHICH WILL PROVIDE, UH, INFORMATION TO CITIZENS IN ONE PLACE.
UH, IN MANY CASES WE HAVE AUTOMATED LETTERS AND REPORTS, UH, AND CASE DOCUMENTS THAT, THAT THE SYSTEM WILL GENERATE.
UM, WE HAVE AN EXPANDED SELF-SERVICE OPTION, UH, FOR APPLICATIONS AND RECORDS, UM, FOR THE BOARD.
IT WILL MAKE IT A PAPERLESS PROCESS, WHICH WILL BE SOMETHING NEW.
UM, EVERYTHING, AGAIN, WILL BE TRACKED AS FAR AS COMMUNICATION INVOLVING THOSE, THOSE, UH, THOSE CASES AND, AND ANYTHING THAT GOES BACK AND FORTH BETWEEN APPLICANTS AND OUR AND OUR STAFF.
SO A FEW THINGS, UH, IN PREPARATION.
WE'RE CURRENTLY FINISHING OUR STAFF TRAINING.
WE HAVE THEM, UH, WORKING IN A, IN A PRACTICE ENVIRONMENT.
SO THEY HAVE BEEN WORKING FOR ABOUT TWO MONTHS IN THAT ENVIRONMENT.
UM, DURING THE COMING WEEKS, WE'LL BE ADDING ANNOUNCEMENTS.
WE'LL BE DOING SOME DEMOS AND WORKSHOPS AND ENGAGEMENT SESSIONS WITH SOME OF OUR DEVELOPMENT COMMUNITY.
UH, WE HAVE SET UP A PUBLIC WEBSITE AT DALLAS.GOV/DALLAS NOW.
UM, WE DID SET THAT UP, UH, SEVERAL WEEKS AGO AND HAVE, UH, ANNOUNCEMENTS GOING OUT THERE AFTER GO LIVE ON MAY THE FIFTH.
WE'LL CONTINUE, CONTINUE TO PROVIDE ONGOING SUPPORT, AND WE'LL BE LOOKING AT ENHANCEMENTS AS WE GO.
UM, SO THE FIRST KEY DATE IS, UH, OUR INTEGRATION AND DOWNTIME.
AND, UH, THAT'S GONNA START APRIL 25TH, AND THIS CONTINUES TO MAY 4TH.
UH, DURING THIS TIME, OUR SYSTEMS, ONLINE SYSTEMS WILL BE SHUT DOWN AND IT WILL ALLOW TIME TO INTEGRATE FROM OUR EXISTING SYSTEMS INTO THIS NEW DALLAS NOW SYSTEM.
UH, DURING THIS, THIS PERIOD, THE 25TH THROUGH THE FOURTH, UH, WE'LL BE DOING INSPECTIONS, EMERGENCY RELEASES AND CONSULTATIONS.
ALL OTHER SERVICES WILL BE HEAVILY LIMITED DUE TO OUR LACK OF ABILITY TO ACCESS THESE SYSTEMS. UH, TO ACCOUNT FOR THIS AND TO HELP, HELP, UH, EASE THIS BURDEN.
WE'VE IMPLEMENTED A TWO PHASE CUSTOMER SERVICE INITIATIVE, AND THIS BEGAN ON MONDAY AND CONTINUES THROUGH APRIL 24TH.
UH, DURING THIS TIME, THIS IS OUR PHASE ONE.
WE WILL HAVE ALL TEAM MEMBERS IN THE OFFICE, AND AT OAK CLIFF MUNICIPAL CENTER, WE'LL BE OFFERING EXTENDED HOURS, UH, THAT'S 8:00 AM TO SIX 30 INSTEAD OF FOUR 30, UH, TO ACCOUNT FOR ANY, ANYBODY WHO'S TRYING TO GET THINGS IN BEFORE THE SYSTEM GOES LIVE OR IF THEY NEED SOME ADDITIONAL HELP WITH, WITH WHAT THEY'VE GOT.
UM, AGAIN, DALLAS NOW WILL OFFICIALLY GO LIVE ON MAY THE FIFTH.
AFTER THAT DATE, WE WILL, UH, INITIATE OUR PHASE TWO, AND FROM MAY THE FIFTH TO MAY THE 16TH, WE'LL CONTINUE TO HAVE ALL TEAM MEMBERS IN THE OFFICE TO ASSIST ANY CUSTOMERS.
UM, WE HAVE SET UP A PUBLIC SITE.
UH, WE DO HAVE A QR CODE HERE.
UH, WE POSTED SEVERAL PLACES AROUND THE, THE CITY FACILITIES AS WELL AS, UH, SENT OUT, UH, SOCIAL, SOCIAL MEDIA BLASTS AND EMAIL BLASTS CONTAINING THIS.
BUT, UH, AGAIN, DALLAS NOW WILL OPEN MAY 5TH.
WE ARE EXCITED ABOUT IT AND, UH, IT WILL CHANGE THE WAY WE DO BUSINESS.
UH, WITH THAT, I'M, I'M AVAILABLE FOR ANY QUESTIONS.
UM, NOT ONE QUESTION, JUST A COMMENT.
THIS IS EXCELLENT TO SEE THE MODERNIZATION OF, UM, THIS PROGRAM SAYING DIDN'T REALIZE IT IN 20 YEARS WITH POSSE.
SO, UH, KUDOS FOR PLANNING AND DEVELOPMENT TO ROLLING THIS OUT, GUESS AHEAD OF THE SCHEDULE.
UM, WE WILL START, WE'VE, WE WILL START WITH OUR FIRST CASE, WHICH IS, UM, ACTUALLY WE'LL START WITH OUR UNCONTESTED CASES, I GUESS.
UM, SO WE'LL HEAR DO THE UNCONTESTED DOCKET, WHICH IS BDA, UM, 2 4 5 DASH 0 4 3 33 4 BIRMINGHAM AVENUE, AND BDA 2 4 5 DASH 0 4 5 41 55 BUNA VISTA STREET.
DO I HAVE A MOTION ON THESE TWO ITEMS? MS. SECOND, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BDA 2 4 5 DASH 0 4 3 APPLICATION OF RICK SMITH FOR A VARIANCE TO THE SIDE YARD SETBACK REGULATIONS, A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS, AND A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS IN THIS DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
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BDA 2 4 5 DASH 0 4 5 APPLICATION OF JONATHAN VINCENT FOR SPECIAL EXCEPTION TO LANDSCAPE REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.COMPLIANCE FOR THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
DO I HAVE A SECOND? YES, I WILL SECOND THAT MOTION.
UM, DO YOU HAVE A ROLL CALL? VOTE MS. SLAM? AYE.
MOTION TO GRANT PASSES? FOUR TO ZERO.
AND WE'LL NOW HEAR, UM, UH, OUR MISCELLANEOUS ITEM, UM, UH, FOR FEE REIMBURSEMENT, WHICH IS CASE BDA 2 4 5 DASH 0 4 3 FFR ONE FOR 30 30 34 BIRMINGHAM AVENUE.
IF THE APPLICANT WOULD PLEASE STEP FORWARD AND PROVIDE, UM, INFORMATION ABOUT THEIR FEE WAIVER.
ARE THEY ONLINE OR DID THEY YES, MA'AM.
CAN YOU HEAR ME? OH, NEED TO SEE YOUR, UH, FACE.
FIRST OFF, THANK YOU GUYS FOR HAVING ME.
MY NAME IS RICK SMITH AND WE NEED TO SWEAR, WE NEED TO SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE STATE YOUR NAME AND ADDRESS.
THE ADDRESS THAT WE'RE SPEAKING ABOUT TODAY IS 3 0 3 4 BIRMINGHAM AVENUE, DALLAS, TEXAS 7 5 2 1 6.
WE ACTUALLY NEED YOUR HOME ADDRESS, I'M SORRY.
IT'S GONNA BE 2 3 2 0 SOUTH BOULEVARD AND THAT'S DALLAS, TEXAS 7 5 2 1 5.
ALRIGHT, AND YOU, UM, IF YOU CAN PROVIDE US WITH INFORMATION ON WHY YOU'RE ASKING FOR THIS FEE REIMBURSEMENT? YES.
AND, UM, TODAY, FIRST OFF, THANK YOU GUYS FOR, FOR HAVING ME TODAY.
I APPRECIATE YOUR EFFORTS AND YOUR TIME AND EVERYTHING THAT YOU DO FOR US.
UM, I ACTUALLY, UM, I'M FIRST OFF REACHING OUT FOR CLARITY, UM, WITH WHAT WE'RE DOING AND CONSTRUCTING THE RESIDENTIAL PROPERTY IS TO MY UNDERSTANDING THAT, UH, THE FEE WAIVER THAT I'M ASKING FOR IS, UM, DUE TO ABOUT A FOOT OF ENCROACHMENT FOR THE VISIBILITY TRIANGLE.
I JUST, UH, I JUST WANTED TO ASK FOR CLAR, UH, CLARITY ON THAT FIRST, IF THAT'S POSSIBLE.
IF NOT, WE MAY KIND OF EXPLAIN THE SITUATION.
SO WE, SO WE, WE, WE, WE VOTED TO APPROVE YOUR REQUEST FOR THE VARIANCE TO THE SIDE YARD SETBACK, THE FRONT YARD SETBACK, AND THE SPECIAL EXCEPTION FOR THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS.
THAT'S WHAT HAPPENED WHEN WE JUST DID THE, UH, UNCONTESTED DOCKET.
AND SO NOW, BUT YOU HAD TWO ITEMS ON THE DOCKET.
UM, THE SECOND REQUEST THAT YOU HAD WAS FOR A FREE RE FEE REIMBURSEMENT FOR THE VARIANCE OF THE FRONT YARD SETBACK AND FOR THE SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS.
SO, AND I, UM, I THINK MAYBE YOU WERE ASKING IS, SO THAT'S, THAT'S WHAT WE'RE HERE TO, FOR YOU TO PROVIDE EVIDENCE THAT YOU DESERVE THAT V WAIVER, CORRECT? CORRECT.
AND I'LL, I'LL PROVIDE A LITTLE CLARITY INSTEAD OF TWO.
I'M ACTUALLY JUST ASKING FOR ONE.
UH, THE ONE WOULD BE THE REAR VISIBILITY VISIBILITY TRIANGLE BECAUSE I WAS TOLD VIA EMAIL THAT THERE ARE ACTUALLY TWO VISIBILITY TRIANGLES.
UM, THE FRONT ONE I DO UNDERSTAND TOTALLY.
THE REAR ONE I DO NOT UNDERSTAND BECAUSE, UM, BASED ON EMAIL, AND AGAIN, I KNOW YOU GUYS ARE KIND OF SHORTHANDED, SO I WAS ONLY EXPLAINING THIS VIA EMAIL.
UM, THE VISIBILITY TRIANGLE THAT I WAS EXPLAINED, UH, JUST KIND OF SHOWED IF YOU'RE LEAVING THE PROPERTY FROM THE DRIVEWAY, THAT THERE HAD TO BE VISIBILITY FROM THE DRIVEWAY AND NOT THE ALLEY OR BOTH.
UM, AND THAT'S KIND OF WHERE MY CONFUSION IS ON THAT STAFF.
DO YOU WANNA CLARIFY A LITTLE BIT WHAT'S GOING ON HERE? OKAY, SO, UH, BRIAN THOMPSON'S A SENIOR PLANNER.
SO, UH, JUST TO CLARIFY, CURRENTLY WE WANT YOU TO SPEAK ON WHY YOU'RE REQUESTING, UH, THE FEES, UM, THE ITEMS THAT YOU CURRENTLY SPOKE ABOUT HAVE ALREADY BEEN APPROVED, UH, TO GET CLARIFICATION OF THOSE, CONTACT YOUR SENIOR PLANNER AFTER THIS FEE REQUEST.
UH, SO, AND YOU CAN GET BETTER CLARIFICATION FROM STAFF AFTER THIS MEETING OR, OKAY.
RESIDENTIAL STAFF AFTER THIS MEETING AT 1 0 5.
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WE WANT YOU TO SPEAK ON IS WHY YOU'RE REQUESTING FEE REIMBURSEMENT AND THE FINANCIAL HARDSHIP THAT THAT HAS CAUSED YOU DURING THIS TIME PERIOD.SO THE, THE FEE REIMBURSEMENT AND THE FINANCIAL HARDSHIP JUST GOES INTO ALL OF THE FEES AND TIME DEALING WITH PERMITS, DEALING WITH ENGINEERS, DEALING WITH ZONING FEES, DEALING WITH, UH, PERMIT ASSISTANCE.
UM, J JUST GETTING TO THIS POINT, UM, WE'VE SPENT A LOT OF TIME AND A LOT OF EFFORT OVER THE LAST 18 TO 24 MONTHS JUST TO GET HERE TODAY.
UM, A LOT OF CONFUSION, BUT ALSO I'VE SPENT JUST PROBABLY THOUSANDS OF DOLLARS, UH, JUST TO GET TO THIS POINT.
SO THAT'S MY REASON FOR REACHING OUT TO THAT.
UM, I CAN PROVIDE CPA DOCUMENTATION OF HOW MUCH MONEY WAS SPENT IF NECESSARY, BUT, UM, ON THIS PARTICULAR PROPERTY, WE CAN DO THAT.
UM, SO REALLY THE ONLY AUTHORITY WE HAVE TO GRANT A FEE, UH, WAIVER IF YOU WILL, IS IF THERE'S UNNECESSARY HARDSHIP ON THE, ON THE, ON THE PROJECT.
UM, THAT WOULD MEAN THAT YOU AREN'T CAPABLE OF PAYING.
SO THAT'S REALLY THE ONLY PARAMETERS THAT WE CAN, THE COST OF DOING DEVELOPMENT IN THE CITY DOES, YOU KNOW, INCLUDE, YOU KNOW, PLANS AND, AND FILING FOR PERMITS AND ALL THAT.
THAT'S THE COST THAT DEVELOPERS HAVE TO PAY UNIVERSALLY.
SO THAT'S NOT JUST SPECIFIC TO YOUR SITE, THAT'S KINDA THE COST OF DOING BUSINESS AND DEVELOPING IN THE CITY.
SO IF THERE ARE SOME CERTAIN CIRCUMSTANCES THAT HAVE ENCUMBERED YOU FINANCIALLY AS IT PERTAINS TO THIS VERY EXTENUATING C CIRCUMSTANCE, WE'D LOVE TO HEAR THEM.
OTHERWISE, THERE ISN'T ENOUGH EVIDENCE FOR US TO SUPPORT YOUR OBLIGATION ON THIS
AND I WOULD JUST AGREE THAT THERE'S NOT ENOUGH EVIDENCE BECAUSE THIS IS NOT, UM, MY REQUEST IS NOT BASED ON MY ABILITY TO PAY.
IT IS JUST BASED ON ME, UH, PAYING EXTREMELY, UM, WHAT I FEEL ARE JUST UN UN UNNECESSARY FEES.
UM, BUT AGAIN, THAT'S NOT WHAT WE'RE TALKING ABOUT TODAY.
NO, THAT'S, THAT'S, THAT'S FAIR.
AND I DO WHAT DIS WHAT COUNCIL DISTRICT IS THIS IN CITY COUNCIL DISTRICT? DO YOU KNOW? DO YOU KNOW WHAT DISTRICT YOU'RE IN? WHAT CITY COUNCIL DISTRICT YOU'RE IN, WHERE YOUR HOUSE IS OR YOUR NEW BUILDING LINE IS? OH, I'M SORRY.
I DIDN'T KNOW YOU WERE SPEAKING TO ME.
YES, SO, UM, THE DISTRICT SEVEN.
SO I, I ENCOURAGE YOU, UM, IS THAT COUNCIL ADAM, ASK ADAM BA YES.
SO I ENCOURAGE YOU YES, MA'AM, BECAUSE I, I, I AGREE THAT SOMETIMES THE COSTING BUSINESS, YOU KNOW, WITH THIS CITY CAN BE ARDUOUS.
I WOULD SUGGEST THAT, UM, AND, AND THIS IS STILL, WE HAVEN'T VOTED ON THIS, BUT DEPENDING ON HOW THIS TURNS OUT, REGARDLESS, I SUGGEST YOU REACHING OUT TO YOUR COUNCIL MEMBER FOR THAT DISTRICT AND LETTING HIM KNOW THAT YOU FEEL THESE FEES, UH, PROBABLY ARE NOT ADJUST AND IN LINE WITH THE COST OF DOING BUSINESS.
AND HE CAN MAYBE WORK ON IT ON HIS END.
UM, BUT WE APPRECIATE YOUR FEEDBACK ON THAT MATTER.
DO WE HAVE A VOTE ON THIS ITEM OR A, A MOTION ON THIS ITEM? NO, I'LL MAKE IT, UM, LET'S SEE HERE.
I MOVE THAT THE BOARD OF ADJUSTMENT IN ITEM NUMBER BDA 2 4 5 0 4 3 FR ONE ON APPLICATION OF RICK SMITH DENY THE REQUEST REIMBURSEMENT TO THE FILING FEES TO BE PAID AN ASSOCIATION WITH A REQUEST FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS AND A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS OF THE DALLAS CITY CODE AS REQUESTED BY THIS APPLICANT, UM, WITH WITHOUT PREJUDICE.
UM, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE, THAT PAYMENT OF THE FEE WOULD NOT RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT.
CAN WE ANY DISCUSSION? I, I THINK THAT APPLICANT, YOU KNOW, SAID THAT DID, SAID HE DIDN'T, THERE IS NO FINANCIAL HARDSHIP HERE, THAT HE JUST FELT THAT THE FEES WERE A LITTLE BIT HEFTY.
SO I THINK WE ENCOURAGE HIM TO REACH OUT TO THE RIGHT CHANNEL TO TRY TO, TO MAKE SOME CHANGES, NOT REGARD.
MOTION TO DENY PASSES THIS FOUR TO ZERO.
MOVING ON TO BDA 2 4 5 DASH 0 1 7 BT 1427 EASTES DRIVE.
IF THE APPLICANT WILL PLEASE STEP FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
ROB BALDWIN 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
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DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.PLEASE STATE YOUR NAME AND ADDRESS.
3 9 0 4 ELM STREET, SUITE B IN DALLAS.
UM, GIVEN THAT THERE'S ONLY FOUR MEMBERS TODAY, I WOULD LIKE TO SEE IF I CAN HAVE THIS HELD FOR A MONTH, UH, TO COME BACK WHEN WE HAVE A FULL PANEL, IF THAT'S OKAY WITH YOU ALL.
I THINK THAT IS YOUR PREROGATIVE.
I MEAN, WE, WE'VE ALREADY HELD IT OVER ONCE, BUT I MEAN IF WE ONLY HAVE PHONE NUMBERS THAT YEAH, GO AHEAD THERE, THERE, BECAUSE THIS IS NOT A FULL BOARD, YOU MAY JUST LET YOU KNOW, YOU MAY RUN THE RISK THAT NEXT HEARING, YOU MAY NOT, YOU MAY ALSO FIND FOUR.
BUT IF YOU, IF YOU ARE REQUESTING THAT AND FEEL THAT WE, UH, I, I KNOW I'VE RUN THE ROOF, IT MIGHT NOT BE A FULL BOARD NEXT TIME, BUT I THINK I CAN READ THE ROOM.
AND I DON'T THINK I HAVE FOUR VOTES TODAY.
SO IF YOU NEED TO DO MORE WORK WITH THE NEIGHBORHOOD, THAT'S, I WE STILL HAVE TO GET THE DUE PROCESS OF YEAH, MAYBE.
OF GIVEN THE NOTES, MAYBE DO A LITTLE MORE WORK WITH THE NEIGHBORHOOD BEFORE YOU COME BACK NEXT MONTH.
UM, WELL WE STILL HAVE TO GO THROUGH THE PROCESS OF WHAT ALLOWING THOSE SPEAKERS FOR THIS CASE.
DO WE HAVE, DO WE HAVE SPEAKERS HERE TODAY FOR THIS CASE? OKAY.
UM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 4 5 DASH 0 1 7 HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 21ST, 2025.
MOTION TO HOLD? IT, UH, PASSES UNTIL MAY 21ST COURT TO ZERO.
ALL RIGHT, MOVING ON TO CASE BDA 2 4 5 DASH 0 2 5 CJ UH, SORRY, WE DON'T NEED TO READ THAT.
45 19 CABBEL DRIVE IF THE APPLICANT WILL PLEASE STEP FORWARD.
WELL WE HAVE THESE THAT WERE ALREADY YEP.
BUT WE HAVE THREE FOR THIS ONE.
AND THEY'RE IT ONCE MS. WILLIAMS SITS DOWN, IF YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD AND WE'LL SWEAR YOU IN.
UH, SAMIT HANNEY 2 4 0 1 SALMON RUN LANE, ULUS, TEXAS 7 6 0 3 9.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
SO, UM, LAST TIME, UH, I BELIEVE IT WAS ON FEBRUARY 18TH, WE HAD, UH, THE MEETING FOR THIS, UH, VARIANCE REQUEST AND WE HAD RECEIVED SOME LETTERS OF OPPOSITION THAT I WAS NOT AWARE OF UNTIL THE BRIEFING, UH, I THINK IT WAS AT LIKE 10:30 AM UH, SO I BASICALLY, UH, COMPILED A LIST OF REASONINGS, UH, AS TO WHY THE VARIANCES SHOULD BE ACCEPTED.
UH, AFTER GOING THROUGH THE FOUR, UH, ALL THE LETTERS, SO ALL THE LETTERS COMPRISED OF THE DEVELOPMENT RIGHT NEXT DOOR AND IT WAS A LIST OF FIVE, UM, FIVE UNITS NEXT DOOR.
AND SO ONE OF THE LETTERS CLAIMS THE VARIANCE WILL INFRINGE ON PRIVACY, RIGHT.
OF PEACEFUL ENJOYMENT AND PROPERTY VALUE.
SO BASICALLY JUST WANTED TO SAY ABOUT THAT IS THERE'S MULTIPLE DEVELOPMENTS, UH, ACROSS DIAGONAL NEXT TO, UM, AND THEY'RE ALL BASICALLY WITHIN THE SAME DISTANCE, UH, RELATIVE TO US VERSUS THEM AND THEM VERSUS THE DEVELOPMENTS NEXT DOOR AND ACROSS FROM, SO BASICALLY THEIR MAIN ISSUE WITH IT WAS THAT THE PRIVACY CONCERNS.
SO SECOND FLOOR AND THIRD FLOOR WINDOWS WILL BASICALLY BE NOT DIRECTLY LOOKING INTO THE OTHER UNITS, BUT THEY WILL BE KIND OF IN RELATION TO THEM.
SO WE TRIED TO MOVE THE WINDOWS AROUND TO WHERE IT'S NOT DIRECTLY FACING INTO THEIR UNITS.
DID YOU REACH OUT TO THESE, UH, NEIGHBORS DIRECTLY AND TALK TO THEM? I DID.
SO I SENT OUT A LETTER TO ALL OF THEM, WHICH I HAVE A FEW COPIES OF IF YOU GUYS WANNA READ IT.
UM, BUT I DIDN'T RECEIVE ANY RESPONSE.
UM, BUT I DO KNOW THAT THEY GOT DELIVERED BECAUSE I HAVE THE RECEIPTS RIGHT HERE WITH ME AS WELL.
UM, I GAVE THEM DATES AND TIMES TO, YOU KNOW, MEET UP, DISCUSS IT, SEE WHAT WE CAN DO.
UM, BUT I JUST RECEIVED NO RESPONSE.
AND ALSO THE, UM, IT SEEMS LIKE YOU SENT IT CERTIFIED MAIL.
I'M ASSUMING THAT'S THE RECEIPTS THAT YOU CAN WE ALSO SEE THOSE AS WELL?
[00:30:10]
YEAH, NO PROBLEM.SO THESE LETTERS SPEAK TO HOW YOUR DESIGN TEAM HAS TAKEN SPECIAL APPEAR TO ENSURE THE WINDOWS ON THE SIDES AND REARS OF THE BUILDING ARE POSITIONED AWAY TO MINIMIZE DIRECT SIGHT LINES AND NEIGHBORING HOMES.
UM, WHAT DOES THAT ENTAIL? UH, SO BASICALLY IT ENTAILS, UM, THE ROOFTOP, THE SECOND AND THIRD FLOOR WINDOWS.
AND THAT'S BASICALLY ABOUT IT.
THAT'S THE ONLY, UH, THAT, YOU KNOW, INFRINGEMENT OF PRIVACY HAVE, HAVE YOU UPDATED THE SITE PLANS? THE WHAT? HAVE YOU UPDATED THE SITE PLANS? UH, NOT THE SITE PLAN, JUST THE ARCHITECTURAL PLANS.
WOULD WE NEED THOSE CHANGES? HE'S, HE'S SAYING THAT HE'S, HE'S MADE SOME CHANGES TO THE ARCHITECTURAL COMPONENTS.
SO HERE'S THE, HERE'S THE CHALLENGE.
HAVE YOU MADE ANY CHANGES A ANY ACTION WE MAKE TODAY? UH, AND IN REGARDS TO APPROVAL MM-HMM
WOULD HAVE TO BE TIED TO A SITE PLAN.
AND I'M HEARING THAT THERE'S BEEN CHANGES EVEN IF THEY'RE ARCHITECTURAL THAT HAVE NOT BEEN PRESENTED TO STAFF OR THE BOARD? UH, YES.
SO BASICALLY WE DIDN'T HAVE IT, UH, SOLIDIFIED YET BECAUSE WE WANTED TO COME IN AND SEE WHAT OTHER CHANGES, UH, YOU KNOW, IF SOMEONE WANTED TO COME FORWARD AND TALK, UH, YOU KNOW, FROM THE DEVELOPMENT NEIGHBORING, BUT, YOU KNOW, I HAVEN'T RECEIVED ANY RESPONSE.
SO I ONLY DID AS MUCH AS I COULD DO, UH, WITH THE WORKING WITH THE ARCHITECT.
BUT I WAS GONNA SEE IF WE COULD GET SOME INPUT FROM THE PEOPLE THAT SENT THE LETTERS THAT THAT WORK NEEDS TO BE DONE BEFORE YOU COME IN HERE BECAUSE WHATEVER SITE PLAN YOU'RE SUBMITTING TO STAFF THE BOARD IS WHAT WE EITHER HAVE TO APPROVE OR, OR DENY.
SO THIS ISN'T, THIS HEARING ISN'T ABOUT EXPLORING WHAT ADDITIONAL COMMENTS SAS HAVE AND MAKING ADJUSTMENTS.
IT'S ABOUT DOING THAT BEFORE YOU COME HERE, HAVING A FINAL SITE PLAN THAT YOU CAN SUBMIT.
YEAH, IT'S THE SAME SITE PLAN AND IT'S THE SAME ARCHITECTURAL DESIGN.
IT'S JUST A MOVEMENT OF WINDOWS.
THAT'S BASICALLY THE ONLY, UH, CHANGE THAT WE'VE HAD TO MAKE.
IS THAT THAT'S A CHANGE OF THE SITE PLAN, CORRECT? NO, NO.
THE SITE PLAN, IT SOUNDS LIKE THE ELEVATIONS HAVE CHANGED.
SO I'M LOOKING AT, LET'S SEE HERE.
UM, EXCUSE ME MS. LAMB, THIS IS SHEET IN OUR DOCKET.
IT'S 1 27 EXTERIOR ELEVATIONS.
SO ARE YOU SAYING THAT THIS, AND I'M HOLDING IT UP HERE, THIS IS WHAT'S CHANGED AS FAR AS LIKE THE PLACEMENT OF WINDOWS.
SO WHAT YOU GUYS HAVE CURRENTLY IS EXACTLY WHAT WE HAVE.
WE MADE THESE CHANGES BEFOREHAND AND THAT'S WHY I HAD REACHED OUT TO, UM, THE NEIGHBORS TO SEE IF, YOU KNOW, THEY HAD ANY INPUT ON THE CHANGES.
'CAUSE WE HAD ALREADY MADE THE CHANGES BEFORE, UH, LAST OR TWO MONTHS AGO'S MEETING.
SO WHAT WE HAVE IN OUR DOCKET RIGHT NOW, NOTHING THAT'S CORRECT IS OKAY.
SO THEN WHEN, AND THEN FOR THE BOARD HERE I'M REFERENCING, THIS IS PAGE 1 24, WHICH IS THE SITE PLAN THAT SHOWS SIX UNITS, UM, SHEET A 100 AS REFERENCED BY THE ARCHITECTURAL PLANS.
THAT IS ALL, NO CHANGES HAVE BEEN MADE WHATSOEVER, CORRECT? YES.
SO JUST FOR US, THE SITE PLAN IS THE SAME.
WHAT, WHAT ARE THESE MARKINGS ON THIS HANDWRITTEN HAND DRAWN MARKINGS? ARE THOSE GONNA BE REVIEWED BY STAFF ON PAGE 1 25? AND I JUST WANTED TO ADD, UM, A LOT OF THE REASONING IN THE LETTERS IS BASICALLY THE SAME.
UM, IT'S REALLY THAT THEY JUST DON'T WANT A DEVELOPMENT NEXT DOOR IN GENERAL.
UM, IT'S NOT THAT THEY DON'T EVEN WANT THE SETBACK.
UM, IF YOU READ THE TWO NEW LETTERS THAT WE RECEIVED, UH, SINCE THE LAST HEARING, THEY WERE BASICALLY SAYING, THIS STREET IS GETTING RIDICULOUS.
PLEASE DON'T ALLOW ANY MORE MULTIFAMILY DEVELOPMENTS.
BUT IT'S VERY DIFFICULT, UM, FOR THEM TO BASICALLY SAY THAT BECAUSE WHOEVER WE PURCHASED THE PROPERTY FROM WENT THROUGH THE WHOLE, YOU KNOW, DUE PROCESS TO GET IT CHANGED TO MF TWO A.
[00:35:01]
UM, SO IT'S JUST, YOU KNOW, IF THE CITY ALREADY SAID YES TO MULTIFAMILY ONCE, UM, IT'S REALLY JUST A MATTER OF, YOU KNOW, THE DISTANCE IN BETWEEN THE UNITS.BUT ALSO THE MAIN THING IS THERE'S THREE VARIANCES I'M APPLYING FOR.
SO ONE IS THE OFF STREET PARKING, ONE IS THE REAR YARD SETBACK AND ONE IS THE SIDE YARD SETBACK.
THE ONE THAT THEY ARE OPPOSING IS REALLY THE ONE THAT WE CAN'T, UH, COMPLETE THE PROJECT WITHOUT.
AS I EXPLAINED IN THE LAST MEETING, THERE'S A DRIVEWAY REQUIREMENT AND THERE'S A GARAGE REQUIREMENT.
UM, AND BOTH OF THOSE ADD UP TO ABOUT 35 FEET AND WITHOUT THE 15 FEET, UM, WHAT IS IT CALLED? THE UNITS ARE GONNA BE ONLY 15 FEET AND WE CAN'T MAKE THE GARAGE WORK IN TERMS OF THE DISTANCE WE HAVE.
'CAUSE A LOT IS ONLY 50 FEET WIDE, UH, TOTAL.
SO WE'RE REALLY JUST LIMITED IN SPACE.
UM, BUT YEAH, AS WE TALKED LAST TIME, I MEAN, IF YOU TOOK ONE UNIT OUT, WOULDN'T THAT GIVE YOU, UM, SOME ABILITY TO MANEUVER AND BE ABLE TO MEET THE, IF YOU, IF YOU TOOK A UNIT OUT AND YOU COULD MOVE IT AWAY AND HAVE THE SAW YARD SET BACK AND JUST BE ONE UNIT DOWN? UH, OKAY.
SO, UH, THE TWO OTHER VARIANCES, THE REAR YARD SETBACK IS, UH, FOR FOUR FEET, SIX INCHES.
UM, AND WE CAN GENUINELY, WE FIGURED OUT A WAY TO, IF WE REMOVE ONE UNIT, WE CAN ELIMINATE THE REAR YARD SETBACK VARIANCE AND WE CAN REMOVE THE, UH, TWO, UH, OFF STREET PARKING VARIANCE.
BUT WE CAN'T REMOVE THE SIDE YARD VARIANCE JUST BECAUSE OF THE LIMIT WE HAVE IN TERMS OF THE LOT WIDTH, WHICH IS ONLY 50 FEET.
AND THE DRIVEWAY CITY REQUIREMENT IS 20 FEET AND THE GARAGE REQUIREMENT IS ANOTHER 20 FEET.
SO WE DON'T REALLY HAVE SPACE FOR THE UNIT ITSELF OR, UH, YOU KNOW, THE FIREWALL THAT WE'RE GONNA CONSTRUCT.
ONE OF THE LETTERS, UH, BROUGHT UP THE ISSUE ABOUT, UM, YOU KNOW, FIRE SAFETY.
AND SO I LOOKED IT UP IN THE CODE.
THERE'S NO FIREWALL RATING REQUIRED.
SO WHAT WE DID WAS TO MAKE, YOU KNOW, UH, THE NEIGHBORS HAPPY IS WE'RE GONNA ADD A ONE HOUR FIREWALL.
IF THEY'RE CONCERNED ABOUT SAFETY, WE'LL TAKE THAT COST UP ON OUR END JUST SO THEY HAVE PEACE OF MIND.
MR. THOMPSON, WOULD YOU MIND TAKING A MOMENT AND JUST CLARIFYING SOME, UM, SOME OF THE SUBMITTED, UH, SITE PLANS PLEASE? UH, SO FOR THE ELEVATION FIRST, AND THEN I GO TO THE SITE PLAN.
SO FOR THE ELEVATION, THE BLUE MARKINGS, UH, THAT WERE IN QUESTION ARE TO CLARIFY, UH, THE ACTUAL DRAWINGS.
UH, SO IT WAS SOMEWHAT BLURRY, UM, AND UNCLEAR AND THE BLUE MARKINGS OR HANDWRITTEN SO THAT THEY ARE ENLARGED.
AND YOU CAN SEE THAT THE ROOF LEVEL IS AT 33 FEET, SIX INCHES, THREE FEET ABOVE THAT IS 36 FEET, SIX INCHES, AND IT APPEARS TO BE THE FIVE FOOT FOUR ABOVE THAT.
SO THAT'S WHAT THOSE BLUE MARKS INDICATE AND CITY STAFF APPROVES OF THESE MARKINGS.
UH, WHEN YOU SAY APPROVE, MEANING IT'S JUST A CLARIFICATION.
SO THINGS REVIEWED AND THIS NEWS MARKINGS HAPPENED AFTER Y'ALL REVIEWED, UH, OR HAPPENED BEFORE Y ALL REVIEWED THEM AND REVIEWED THESE MARKINGS? YEAH, IT'S NOT IN CONFLICT WITH WHAT'S ON THE ACTUAL DRAWINGS.
SO IF, IF THIS WOULD HELP, I CAN GO LETTER BY LETTER AND TELL YOU EXACTLY WHAT THEY ARE OPPOSING AND GIVE YOU A REASONING AS TO WHY NOT, UH, UM, RECORD BEFORE YOU DO THAT, BECAUSE THAT SOUNDS EXTENSIVELY LONG.
UM, I'M LOOKING AT THE ONE SHEET.
SO THIS IS THE NORTH AND SOUTH ELEVATION, UM, QUESTION THAT I HAVE FOR YOU AND WHICH IS OUTLINED THE LETTER BOTH THAT YOU WROTE TO THE, THE OPPOSITION AND THEN WHAT WAS RECEIVED BACK.
IS THERE CONCERN FOR PRIVACY AND NATURAL LIGHTING? SO I'M LOOKING AT, YOU'VE GOT THE TOP, THIS IS THE, IT'S NOT THE, SO THIS IS THE, IT'S THE ROOF LEVEL PLUS A THREE FOOT PAIR PUT, WHICH IS 36 FEET, SIX INCHES.
AND THEN THERE'S, AND I DON'T HAVE A PLAN FOR IT, BUT I'M ASSUMING THIS IS LIKE A, THIS IS A STAIRCASE TO A ROOF DUCT THAT'S MAXING OUT AT 43 FEET.
OKAY, SO MY QUESTION IS, IS LIKE, THAT SEEMS LIKE THAT'S AWFULLY HIGH FOR, UM, AND I'M JUST KIND OF SEEING, KNOWING THE CONTEXT OF THE TYPE OF TOWN HOMES THAT ARE BEING BUILT, WHY THE, UM, I MEAN THE WHY, WHY, WHY THAT HEIGHT? THAT'S, UH, OKAY, GOOD QUESTION.
UM, SO BASICALLY IN GENERAL, WE WILL BE SHORTER THAN PROBABLY ABOUT 80% OF TOWN HOMES NEARBY WITHIN A ONE MILE RADIUS.
UH, SO HOW THE CITY MAX IS MAXIMUM OF 36 FEET HEIGHT.
AND THE WAY IT'S CALCULATED IS TAKING ONE SIDE OF THE ROOF AND THE OTHER SIDE OF THE ROOF AND THE, YOU
[00:40:01]
KNOW, MIDDLE PART AND AVERAGING THEM OUT.AND THAT AVERAGE HAS TO BE UNDER THAT 36 FOOT REQUIREMENT.
SO WHAT WE'RE TRYING TO DO IS REALLY JUST LIMIT THE AMOUNT OF NATURAL LIGHT THAT'S NOT GETTING INTO THE UNITS NEXT DOOR BY SLOPING IT.
AND YOU CAN SEE IN THE DRAWING THAT IT'S GONNA BE ON ONE SIDE IT'LL BE SLOPED AND ONE SIDE WILL BE FLAT SO THAT PEOPLE CAN, YOU KNOW, MAKE USE OF THE ROOFTOP ITSELF.
I HAVE A QUESTION EITHER FOR STAFF OR FOR BOARD COUNCIL.
UM, IF WE ONLY APPROVE ONE OF THESE THREE, UM, HOW DOES THAT WORK WITH THE SITE PLAN IF WE'RE APPROVING BASED ON SITE PLAN? BECAUSE WHAT I'M HEARING IS THE APPLICANT SAY THAT, YOU KNOW, IF IF HE WAS ONLY GRANTED THE SIDE YARD SETBACK, THEN BY THAT, BY REMOVING A PORTION OF REAR YARD SETBACK, THAT WILL FREE UP TWO OF THE OFF STREETS PARK PARKING SPACES.
SO HE WILL NO LONGER, HE CAN, HE CAN BE COM BECOME COMPLIANCE WITH ONLY JUST A VARIANCE GRANTED ON THE SIDE YARD SETBACK.
BUT IF WE ONLY GRANT ONE AND NOT ALL THREE, OUR SITE PLAN ONLY REFLECTS, UH, ONLY REFLECTS THE DRAWINGS CURRENTLY WITH, WITH ALL THREE OF THE VARIANCES.
HOW DO WE APPROVE SOMETHING THAT'S TIED TO A SITE PLAN THAT HASN'T BEEN UPDATED BASED ON WHAT'S GRANTED? SO YOU'RE APPROVING THE WORK TO BE DONE, MEANING LIKE, UM, THE DISTANCE, THE APPLICANT WOULD HAVE TO REVISE A SITE PLAN AND TURN THEM IN, WE WOULD STAMP THOSE AND THEN AT THAT POINT IN TIME, THAT WOULD BE WHAT HE WOULD SUBMIT FOR APPLICATION.
IF HE NEVER BRINGS THOSE IN, HE NEVER RECEIVES APPROVAL FROM, I SEE.
BDA STAFF TO TAKE IT TO THE PERMITTING.
SO I SEE IT, IT, IT WOULD BE ON THEM TO DO THE REVISION.
THEY HAVE 180 DAYS FROM THE DATE OF APPROVAL, SO IT WILL BE IN THEIR BEST INTEREST TO GO AHEAD AND GET IT OKAY.
REVISED, SUBMITTED TO STAFF, STAFF REVIEW IT AND SEND IT OVER TO JEFFERSON FOR A PERMIT.
SO IF WE THEN, I GUESS THIS IS LEGAL.
IF WE ONLY GRANT SOME, IF NOT ALL, THEN WOULD THE LANGUAGE CHANGE ON SOME OF THESE MOTIONS INSTEAD OF SOME COMPLIANCE? THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED? NO, THE MOST RECENT, THAT'S THE REASON WHY YOU PUT IN THERE THE MOST RECENT IS BECAUSE IF THEY GO AND MAKE A CHANGE, THAT WILL BE THE MOST RECENT, THE ONE THEY SUBMIT TO US.
BUT AREN'T WE TECHNICALLY APPROVING ON THE, THE, THE SITE PLAN THAT'S, THAT'S IN FRONT OF US TODAY? YES.
SO THAT'S WHERE MY CONFUSION IS.
WELL THE, AGAIN, SO I THINK WE, IT, IT HAPPENS OFTEN TO WHERE YOU GUYS CAN SAY THAT YOU'RE APPROVING THIS SITE PLAN RIGHT NOW, IF THEY CHANGE SOMETHING YOU WOULD NEVER KNOW, AND LET'S BE HONEST ABOUT IT, YOU WOULD NEVER KNOW.
THEY, THE REALITY IS YOU'RE APPROVING 10 FEET.
AND SO IF THEY HAVE TO REMOVE A PARKING SPOT OFF OF A SITE PLAN, THE PARKING SPOT BEING REMOVED DOES NOT ELIMINATE THOSE 10 FEET.
SO WE KNOW WHAT YOU GUYS ARE SAYING THAT YOU'RE GOING TO APPROVE THAT LANGUAGE IS GONNA MATCH UP WITH WHAT THEY'RE GONNA DO.
AND IF IT DOESN'T, WE DON'T STAMP IT.
AND BEFORE SENDING IT TO PERMITTING, IT PERMITTING, I CAN SEND, UH, YOU KNOW, SARAH OR, UH, CAMBRIA A, UM, YOU KNOW, COPY OF WHAT I WILL BE SUBMITTING JUST SO YOU GUYS CAN VERIFY IT IF THAT, YOU KNOW, GIVES Y'ALL PEACE OF MIND AS WELL.
UM, AND I GUESS BECAUSE WE'RE NOT TYING IT TO ELEVATIONS THEN, THEN THAT THERE'S, IS THAT WHERE THE FLEXIBILITY COMES? THAT IS CORRECT.
I JUST, I, I DON'T KNOW WHAT ACTIONS BOARD'S GONNA TAKE, BUT THERE'S THREE, THERE'S THREE ACTIONS IN FRONT OF US, THREE SEPARATE APPLICATIONS.
SO, AND A LOT OF 'EM ARE, ARE TIED TO, TO EACH OTHER AND TIED TO THE CURRENT SITE PLAN THAT'S SUBMITTED.
SO, UH, JUST THE, THE LANGUAGE I'M READING I FEEL LIKE IS A BIT OF A GRAY AREA IF WE WERE ONLY APPROVE ONE, NOT ALL, BECAUSE THERE WILL DEFINITELY BE CHANGES TO A SITE PLAN.
SO THAT'S, I I'M JUST TRYING TO JUST MAKE SURE THIS IS CLEAN AS POSSIBLE.
I I THINK THE, WE'RE IN A, OCCASIONALLY WE FIND OURSELVES IN THESE QUANDARIES WHERE THEY'RE SEPARATE ITEMS, BUT THEY SORT OF HINGE ON EACH OTHER.
AND THAT SEEMS TO BE THE INSTANCE HERE.
I, I THINK IN EFFECT YOU'RE WHAT THE ESSENCE OF WHAT YOU'RE BRINGING ABOUT IS TRUE THAT LIKE IF YOU ONLY GRANT ONE, IF YOU DENY ANY OF THEM, YOU'RE ESSENTIALLY SAYING YOU CAN'T BUILD IT BECAUSE THE SITE PLAN WON'T BE WELL, BUT BECAUSE IT'S, YEAH, THE COMPLIANCE, WERE THE MOST RECENT VERSION ALL SUBMITTED SITE PLANS.
BUT I GUESS WE'RE NOT HOLDING IT TO A SPECIFIC DATE.
AND I DON'T KNOW IF IT'S LIKE THE LANGUAGE ON THESE MOTIONS, IF WE APPROVE SOME AND NOT ALL NEEDS STATE SPECIFICALLY COMPLIANCE, MOST RECENT, RECENT VERSION OF ALL SITE PLANS AS IT PERTAINS TO A SIDE YARD SETBACK OR SOMETHING, THEY'RE MARRIED THAT SIDE YARD SET SETBACK.
IF AND NOT THAT WAY WE'RE REALLY SPECIFIC.
'CAUSE THEN, THEN IT'S NOT, WE'LL JUST GRANT.
'CAUSE THAT ALMOST GETS LANGUAGE WHERE IT'S GRANTING THE ENTIRE
[00:45:01]
SITE PLAN EVEN IF WE DON'T GIVE ALL, ALL OF THE MOTION.SO I THINK WE JUST NEED TO GET A LITTLE BIT MORE IF WE, IF WE DON'T GRANT ALL OF 'EM, I THINK WE JUST NEED TO TIGHTEN UP THE LANGUAGE THAT CERTAINLY CAN BE ACCOMPLISHED AND WHOEVER DECIDES TO MAKE THE MOTION CAN, UH, REACH OUT TO ME AND WE CAN OKAY.
MAKE TWEAKS IF THAT'S NECESSARY.
YOU HAVE OTHER QUESTIONS? AGAIN, ARE THERE ANY OTHER SPEAKERS ON THIS CASE? UM, WOULD YOU LIKE YOUR, WOULD YOU LIKE FOR HER TO SPEAK? UH, NO, THAT'S OKAY.
BUT I HAVE SOME, UH, MORE COMMENTS THAT I WOULD LIKE TO ADD IF YOU GUYS HAVE A SECOND.
SO, UM, ONE OF THE OTHER LETTERS WAS CLAIMING THAT, YOU KNOW, ALL THESE MULTIFAMILY DEVELOPMENTS ARE TAKING UP MOST OF THE LOT USAGE AND SO WE WON'T BE ABLE TO GIVE THEM THE PRIVACY THAT THEY'RE ASKING FOR.
UM, BUT THE MULTIFAMILY MF TWO A ZONING REQUIRES 60% LOT USAGE.
AND SO OBVIOUSLY WE CAN'T TAKE UP, YOU KNOW, ALL OF IT.
SO WE WILL HAVE SPACE FOR THESE GUYS, UH, TO, YOU KNOW, HAVE THEIR RIGHT OF PEACEFUL ENJOYMENT WITHOUT INFRINGING ON ANYONE'S PRIVACY.
AND, YOU KNOW, GOING BACK AND FORTH BETWEEN UNITS WILL BE NO ISSUE.
AND THEN ANOTHER, ANOTHER THING THAT THEY WERE ASKING FOR, UH, OR I GUESS, UH, YOU KNOW, OPPOSING, THEY WERE SAYING THAT, UM, THE SUNLIGHT THAT THEY'RE GONNA BE RECEIVING IS NOT GONNA BE AS MUCH AS IT WAS BEFORE, BUT FROM US TO, UH, SO EVERYONE THAT SENT A LETTER IS LIVING IN 45 15 CABBEL.
IT'S THE DEVELOPMENT RIGHT NEXT DOOR.
AND SO FOR THEM, THEY HAVE ABOUT 17 FEET.
I COULDN'T MEASURE THE EXACT DISTANCE BECAUSE I COULDN'T GET ONTO THEIR PROPERTY OF COURSE, BUT IT'S ABOUT 17 FEET FROM THE DWELLING TO THE PROPERTY LINE.
AND THEN ON TOP OF THAT WE WILL HAVE OUR, YOU KNOW, FIVE FEET, SIX INCHES.
BUT FROM THE RIGHT SIDE, UH, THEY HAD ACTUALLY FLATTED OUT THEIR LOT AND SO THEY ONLY HAVE ABOUT FOUR TO FIVE FEET, UH, BETWEEN THE PROPERTY LINE AND THEIR FRONT DOOR, WHICH IS WHY WE DECIDED TO MOVE THE UNITS TO THE LEFT AND THE DRIVEWAY TO THE RIGHT SO THAT WE CAN GIVE PEACEFUL ENJOYMENT TO THE NEIGHBORS ON THE RIGHT AND THE LEFT.
UM, SO YEAH, THAT'S BASICALLY THE CONCERNS THAT THEY HAD.
WERE VERY PERSONAL, UH, IN, YOU KNOW, SIMPLY SPEAKING.
UM, BUT THERE'S A LOT OF DEVELOPMENT GOING ON ON THIS BLOCK AND I JUST FEEL LIKE, YOU KNOW, WE'VE TRIED SO MANY THINGS TO HELP THEM ENJOY THEIR PROPERTY WITH PEACE AND, YOU KNOW, THE 45 15 CABBEL, BUT ALSO, YOU KNOW, THE DEVELOPMENT NEXT DOOR.
UM, SO IF YOU GUYS HAVE ANY RECOMMENDATIONS, UH, I WOULD LOVE TO HEAR THEM.
OKAY, I THINK, I THINK WE'RE GOOD.
AND WE WILL, UH, MAKE A MOTION HERE IN JUST A SECOND.
AND THERE ARE NO OTHER SPEAKERS.
I'M GONNA START WITH MOTION THREE OF THREE.
UM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 4 5 DASH 0 2 5 ON APPLICATION OF SUBMIT MADNI GRANT, THE FIVE FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CARE OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS AS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE OF AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE FOR THE MOST RECENT VERSION OF ALL SUBMITTED PLANS REGARDING THE FIVE FOOT SIDE YARD SETBACK ARE REQUIRED.
THE APPLICANT, UH, I DO BELIEVE THAT THIS, THIS LOT SIZE IS RESTRICTIVE.
I THINK THE ONLY WAY TO DEVELOP IT WITH THE CURRENT ZONING AND, UM, UH, IS TO ALLOW FOR THIS, UH, THIS, UH, VARIANCE FROM THE FIVE YARD SETBACK.
UM, I DID HEAR FROM THE APPLICANT THAT, UM, THE OTHER TWO, UM, UH, APPLICATIONS THEY COULD ADJUST THEIR SITE PLAN TO ACCOMMODATE, UM, WITHOUT GRANTING THOSE.
I I DO TRULY BELIEVE THAT THIS PROPERTY CANNOT BE DEVELOPED WITHOUT, WITHOUT THIS VARIANCE BEING GRANTED.
SO, UM, FOR THE REASON I WENT AHEAD AND MADE THE MOTION AND I WILL SUPPORT THIS MOTION.
UM, IN ADDITION TO MS. LAMB'S POINTS, UH, JUST THE, THE CONTEXT OF DEVELOPMENT IN THIS AREA, UM, THIS IS, I MEAN, THE LOT SIZE OR LOT WIDTH ITSELF IS, UM, CUMBERSOME SO TO SPEAK.
BUT, UM, I DO ALSO WANNA SPEAK TO THE
[00:50:01]
LETTERS OF OPPOSITION TOO.UM, THIS IS PART OF LIVING IN A, IN AN, AN EVOLVING NEIGHBORHOOD IS THAT THERE WILL BE DEVELOPMENT OF SOME SORT THAT WILL OCCUR IF IT'S NOT THROUGH THE APPLICANT HERE TODAY, THIS ISSUE WOULD COME UP.
SO I WILL BE SUPPORTING THIS, UM, THE ADJUSTMENT TO THE SIDE YARD.
UM, I, MY, I I FEEL LIKE THE, THE DEVELOPER HAS, UM, THOUGHT VERY CAREFULLY ABOUT MOVING THE APARTMENT BUILDING TO THE SIDE THAT HAD MORE SPACE BETWEEN THE TWO BUILDINGS AND THAT YOU HAVE THOUGHTFULLY CONSIDERED THAT YOU'VE GIVEN EVERY OPPORTUNITY TO THE NEIGHBORS TO COME FORWARD AND DISCUSSED THINGS WITH YOU, DISCUSS.
UM, AND I APPRECIATE THE THOUGHTFULNESS THAT CAME WITH THAT.
AND, UM, I, I MEAN, AS MUCH AS I HATE TO SEE SOMEBODY'S SUNLIGHT GO AWAY, I AGREE WITH MS. LAMB THAT THIS PROPERTY WOULD NOT BE DEVELOPABLE WITHOUT MAKING THAT ADJUSTMENT.
RIGHT, WE ARE A ROLL CALL VOTE.
OKAY, I'M GONNA MOVE TO MOTION ONE OF THREE.
UM, I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA A 2 4 5 DASH 0 2 5 ON APPLICATION OF SUBMIT.
HANNEY DENIED THE VARIANCE OF THE REAR A YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO HIS APPLICANT.
I'LL SECOND, I DENIED THIS BECAUSE I, I THE APPLICANT DID STATE THAT THEY COULD WORK WITHIN THE CONFINES OF THE PROJECT.
UM, WITHOUT THIS, UH, WITHOUT THIS, UH, VARIANCE HERE, I DO THINK THAT THIS, UM, DENYING THIS WILL ALLOW MAYBE THEM TO SPREAD OUT THE SITE A LITTLE BIT MORE, UM, AND ACCOMMODATE AND MAYBE EASE OFF, EASE SOME OF THE CONCERNS TO THE ADJACENT NEIGHBORS.
I DID DENY WITHOUT PREJUDICE BECAUSE I IT WHEN Y'ALL TRY TO, UH, COME BACK AND, AND READJUST YOUR SITE PLAN ACCORDINGLY.
UM, GIVEN WHAT HAPPENS HERE TODAY, I DO FEEL LIKE WE MAY, THEY NEED SOME ROOM IF WE DO NEED TO COME BACK, UM, TO BE HEARD AGAIN WITH A NEW SITE PLAN AND I'LL BE SUPPORTING THIS MOTION, UM, JUST BASED ON THE SITE PLAN THAT WE'RE LOOKING AT HERE.
UM, WHILE THIS IS A DENSE NEIGHBORHOOD, I PERSONALLY DO BELIEVE THAT THIS REAR YARD SET BOOK, I THINK THAT IT'S BEING BUILT TO THE MAX HERE.
UM, ADJUSTMENTS CAN BE MADE AS FAR AS THE QUANTITY OF UNITS HERE.
SO, UM, FRAMEWORK IS BEING LAID OUT.
IF, IF THIS MOTION DOES PASS TO, UM, TO MAKE SOME ADJUSTMENTS.
ANY OTHER COMMENTS? ROLL CALL MS. LA AYE.
MOTION TO GRAHAM PASSES, UH, FOR, I'M SORRY TO THE NIGHT WITHOUT PREJUDICE PASSES FOUR TO ZERO.
OKAY, FINAL MOTION? UH, MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 4 5 DASH 0 2 5 AN APPLICATION OF A SUMMIT, NOT HANNEY, DENY THE VARIANCE TO THE PARK AND REGULATIONS REQUEST BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CARE TO THIS PROPERTY IS SET TO THAT LITTLE ENFORCEMENT OF THE PROVISION OF DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
UM, I THINK THAT THIS WILL HELP MINIMIZE SOME OF THE, UH, SOME OF THE ISSUES THAT THE ADJACENT NEIGHBORS HAVE.
I THINK THAT IF YOU CAN HAVE, UM, IF YOU CAN ACCOMMODATE, WHICH I'M, I'M HEARING THAT YOU CAN WITHOUT THIS VARIANCE, UM, TO HAVE GUEST PARKING ON SITE, I THINK THAT WILL HELP MINIMIZE THE IMPACT TO REDUCE NEIGHBORS AND EXCESS PARKING ON THE STREET.
AND I THINK THAT THAT, UH, OVERALL WILL HELP PROPERTY VALUE.
SO FOR THAT REASON, I'M DENYING WITHOUT PREJUDICE, UM, THIS PARTICULAR APPLICATION ROLL CALL MS. LANE.
MOTION TO DENY WITHOUT PREJUDICE PASSES? FOUR TO ZERO.
AND OUR LAST CASE IS, UH, BDA 2 4 5 DASH 0 5 1 66 17 GASTON AVENUE AT THE REPRESENTATIVE WILL PLEASE STEP FORWARD.
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31 29.DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
SO, UM, BASICALLY, UH, JUST TO ADD ON TO WHAT WAS STATED EARLIER, THE 10 O'CLOCK, UM, HEARING, UM, WE WEREN'T, UH, GOING TO COMING HERE TALKING ABOUT THE HARDSHIP.
UM, BUT, BUT I DID WANT TO JUST, UM, REITERATE WHAT, WHAT MR. SAP DID BRING UP THAT THAT JUST THE FACT THAT THIS STRUCTURE IS NON-CONFORMING DOES CLASSIFY IT AS, AS HAVING A HARDSHIP.
BUT OUR, OUR MAIN HARDSHIP THAT WE WERE, UM, UH, COMING TO TALK ABOUT WAS, WAS MAINLY DUE TO IT IN THE CONSERVATION DISTRICT THAT IT'S IN BEING NON-CON CONFORM OR NO, I'M SORRY, NON-CONTRIBUTING.
UM, THAT WE WERE LOOKING FOR THIS PROJECT TO, TO REALLY GAIN USE OF THE FRONT AND AGAIN, MAINTAINING THE EXISTING FRONT SETBACK IN ORDER TO REALLY MAKE THIS A CONTRIBUTING, UH, STRUCTURE IN THE CONSERVATION DISTRICT.
AND THAT'S WHERE WE REALLY GAINED, UM, YOU KNOW, STAFF SUPPORT RIGHT NOW.
IF YOU'RE, IF, IF YOU COULD PULL UP THE, THE FRONT OF THE EXISTING HOUSE, AND I DIDN'T SEE IF THE, UM, IT DIDN'T LOOK LIKE OUR FULL PACKET MADE IT INTO WHAT THEY WERE GOING OVER EARLIER TODAY, BUT, UM, ARE Y'ALL ABLE TO PULL THAT UP? IF NOT, I CAN JUST GO AHEAD AND DESCRIBE IT.
WE, WE HAVE A PICTURE OF THE RENDERINGS.
YEAH, THAT WOULD BE GREAT IF YOU COULD, YEAH, IF YOU COULD PULL THAT UP, THAT WOULD BE VERY HELPFUL.
THAT FIRST SHEET RIGHT THERE, THAT WOULD BE GREAT IF YOU COULD PULL THAT UP.
SO BASICALLY IF YOU LOOK AT THE EXISTING STRUCTURE, IT'S, IT IS VERY NON-CONTRIBUTING.
IT'S, IT'S, UM, EXACTLY AS IT IS CLASSIFIED IN THE CONSERVATION DISTRICT.
THERE'S NOTHING ABOUT THAT THAT CONTRIBUTES TO THE CONSERVATION DISTRICT.
NOTHING ABOUT THAT, THAT, THAT MEETS ANY OF THE CRITERIA IN THE ORDINANCE FOR THE CONSERVATION DISTRICT CD TWO.
SO WHAT WE WERE HOPING TO DO WITH THE CONSTRUCTION PROJECT WAS, UM, OBVIOUSLY CREATE AN ELEVATION AND, AND A LOOK THAT THE HOMEOWNERS, YOU KNOW, LOVE AND ARE HAPPY WITH, BUT ALSO SOMETHING THAT'S CONTRIBUTING TO THE NEIGHBORHOOD AS WELL.
SO, UM, THIS IS, UH, GOING IN A MISSION STYLE DIRECTION, WHICH IN CD TWO IS, UH, IT, WE ARE, WE ARE HITTING THE CLASSIFICATIONS FOR THAT IN OUR PROPOSED ELEVATION.
SO THAT WAS ONE OF THE THINGS THAT WAS NOT, UH, MENTIONED IN THE, UH, IN THE HEARING THIS MORNING THAT I JUST WANTED TO MAKE SURE THAT WE, THAT WE MENTIONED.
AND THEN SOMETHING ELSE ONTO THAT POINT IS, UH, SOMETHING THAT, THAT, UM, I BELIEVE MS. UH, LAMB MENTIONED EARLIER AT 10 O'CLOCK WAS THAT IN ORDER FOR US TO CREATE AN ELEVATION LIKE THIS WITHOUT GETTING THIS VARIANCE, WE WOULD HAVE TO REMOVE THE EXISTING HISTORICAL HOUSE AND GO BACK.
AND THEN WE COULD CREATE, IF WE WERE GOING TO TRY TO GO WITH A, A, A REMODEL EDITION PROJECT FROM THE EXISTING HOUSE AND GO BACK AS FAR AS WE WOULD HAVE TO, THERE WOULD BE, IT, IT WOULD JUST WOULDN'T ALLOW FOR US TO REALLY, UH, CHANGE THE FRONT LOOK LIKE WE'RE HOPING TO AND WANTING TO.
SO THAT WAS THE, THE MAIN THING THAT, THAT I JUST WANTED TO BRING UP THAT WASN'T MENTIONED IN, IN THE, UM, UH, IN THE HEARING THIS MORNING.
UM, OTHER THAN THAT, I, I THINK THAT THEY DID A PRETTY GOOD JOB OF, OF OUTLINING THAT WE'RE NOT, UM, THAT, THAT WE'RE, WE'RE ACTUALLY LOOKING AND IF YOU, IF YOU, YOU'VE ALREADY HAD OUR SITE PLAN UP, YOU DON'T HAVE TO BRING IT UP.
UH, BUT IF YOU LOOK AT WHERE OUR ADDITIONS ARE, WE HAVE A SMALL PORTION THAT IS CONTINUING THE FRONT SETBACK, THE EXISTING FRONT SETBACK, AND THEN THE MAJORITY OF WHAT WE'RE DOING IS BEHIND THE FRONT SETBACK.
UM, SO TO SPEAK TO MRS. LAMB OR MS. LAMB'S, UH, COMMENTS THIS MORNING AS FAR AS THE, UH, UM, SAFETY FACTOR FROM THE ROAD, WE'RE ACTUALLY, THE MAJORITY OF WHAT WE'RE DOING IS BACK FROM THE EXISTING FRONT FACE, UH, OF THE HOUSE.
SO, BUT WE, WE WOULD BE, YOU KNOW, HAPPY TO, UH, YOU KNOW, UH, BRING IN TRAFFIC ON THAT IF WE, IF WE NEEDED TO.
BUT, UM, I THINK THOSE WERE, WERE THE MAIN POINTS THAT WE HEARD THIS MORNING.
AND, AND I THINK THAT COVERS MOST OF EVERYTHING, BUT THAT I WAS THINKING THAT WE WANTED TO SAY.
UM, I APPRECIATE WHAT YOU'RE TRYING TO DO HERE.
I DO HAVE A QUESTION FOR, UH, THE CONSERVATION DISTRICT.
UM, IS THIS SPANISH, UH, STYLE, IS THIS FOR THE ACCORDANCE OF THE CONSERVATION DIS DISTRICT? SO THE STRUCTURE IS LISTED AS TRADITIONAL ECLECTIC.
IT WAS NOT, UM, THE LAKEWOOD ORDINANCE DIDN'T NECESSARILY SPECIFY A LOT OF THEIR ARCHITECTURAL STYLES.
THEY LEFT THEM FAIRLY VAGUE, UM, IN ORDER TO ALLOW THE PROPERTY OWNERS TO HAVE A LITTLE BIT MORE LEEWAY IN THE ARCHITECTURAL STYLES.
UM, SO THIS ONE IS MARKED AS TRADITIONAL ELEC ECLECTIC.
SO IF YOU WANTED TO DO SPANISH ECLECTIC FINE, IF YOU WANTED TO DO FRENCH ECLECTIC, FINE.
UM, SO THEY'RE GIVEN A LITTLE BIT MORE LEEWAY ON THOSE ARCHITECTURAL GUIDELINES.
AND, UM, REMIND ME, DID THE, THE, THE EXPANDED CONSERVATION DISTRICT, DID THAT, DID THAT GET APPROVED? MM-HMM
SO IS THIS, IS THIS A DIFFERENT CONSERVATION DISTRICT OR IS IT ALL NOW ONE CONSERVATION DISTRICT? SO IT'S ALL, IT'S ALL ONE CONSERVATION DISTRICT.
THIS IS A SEPARATE, THIS IS A DIFFERENT TRACK THAN WHAT WAS NEWLY APPROVED.
SO THE NEW APPROVAL IS TRACK FOUR.
UH, THIS IS, I BELIEVE TRACK THREE.
THIS IS A CON THIS IS A COUNTRY CLUB CONSERVATION DISTRICT, OR IS IT, AND NOW IT'S ALL EXPANDED.
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IT'S ALL LAKEWOOD.IT'S ALL CONSIDERED THE LAKEWOOD CONSERVATION DISTRICT.
UM, SO YOU ARE, YOU ARE COMFORTABLE WITH, WITH THIS YES.
THE, THE CHANGES THAT THEY HAVE MADE, UH, THE MODIFICATIONS, ESPECIALLY AROUND TO THAT FRONT ENTRY, UH, ARCHITECTURALLY ARE MUCH MORE IN COMPLIANCE WITH WHAT YOU SEE IN THE DISTRICT.
UH, THE CURRENT STRUCTURE, AS YOU CAN SEE IN THE PHOTO, IS QUITE CONTEMPORARY LOOKING.
AND I WILL SAY THAT, YOU KNOW WHAT, WHAT'S THERE WAS BUILT IN 1985.
THE ORDINANCE DIDN'T COME INTO PLAY UNTIL 1988.
SO THESE REGULATIONS THAT ARE NOW KIND OF BACKING THEM INTO A CORNER, YOU KNOW, ARE POST DATED FROM THEIR CONSTRUCTION.
AND I DON'T KNOW IF YOU GUYS HAVE A SIDE ELEVATION, BUT IF YOU'RE LOOKING AT THE SIDE ELEVATION, THAT LACK OF A VARIANCE, UH, BASICALLY IT, IT, IT GOES ALL THE WAY UP TO THAT, THAT TOP RIDGE OF THAT HOUSE.
SO BASICALLY THE FIRST HALF OF THAT ENTIRE MAIN BLOCK IS WHAT IS UNDER NOW A NON-CONFORMING REGULATION.
SO WHILE THEY WOULD BE ALLOWED TO MAINTAIN AND REPAIR, SO IF THEY NEED TO REPLACE A WINDOW, THAT'S OKAY.
IF THEY NEED TO REPOINT THEIR BRICK, THAT'S OKAY, BUT IF THEY NEED TO ALTER SOMETHING OR MODIFY IT, THEY HAVE TO SEE THE VARIANCE AT THIS POINT.
SO YOU THINK THAT THERE, UM, IF WE WERE TO APPROVE THIS, IT'S, IT'S THE LANGUAGE IS COMPLIANCE.
THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
DO YOU, DO YOU FEEL LIKE BECAUSE YOU'RE REPRESENTING THE CON, THE CONSERVATION DISTRICT THAT UM, REQUIRING ALSO SUBMITTED PLANS AND ELEVATIONS IS PERTINENT HERE? OR, UM, ANY DEVIATION WOULD HAVE TO GO THROUGH CONSERVATION DISTRICT ANYWAYS? YES.
IF THERE ARE ANY CHANGES, UH, WE'VE ALREADY LOOK, UM, REVIEWED THE PROJECT UP TO THE POINT THEY HAVE.
EVERYTHING ELSE ABOUT THIS PROJECT IS IN COMPLIANCE EXCEPT FOR THIS VARIANCE.
NOW, IF THEY WERE TO CHANGE ANYTHING FROM WHAT THEY'VE ALREADY PROPOSED, THEN THEY WOULD HAVE TO COME BACK TO US FOR AN ADDENDUM.
ARE THERE ANY QUESTIONS FOR THE SPEAKER? ARE THERE ANY OTHER SPEAKERS ON THIS CASE? WE DO HAVE THE OWNER, BUT I, I, WE DID DO, DO WE HAVE A MOTION? UNLESS YOU GOT THAT QUESTION FOR THE HOMEOWNER, I THINK WE'RE READY TO MAKE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 5 1 ON APPLICATION OF BRANDON LUKE GRANT, THE 12 FOOT SEVEN INCH VARIANCE TO THE REAR YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PRE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
THIS APPLICANT, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO THE FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE FOR THE MOST RECENT VERSION OF ALL SUBMITTED PLANS AND ELEVATIONS ARE REQUIRED.
I WILL GO AHEAD AND SECOND THAT MOTION.
I WENT AHEAD AND ADDED ELEVATIONS JUST BECAUSE PART OF THE REASON WHY WE'RE APPROVING THIS IS, IS THE ENTIRE SITE PLAN.
WE JUST WANNA MINIMIZE THIS GOING BACK TO CD.
UM, BUT ALSO, UM, I THINK EVEN THOUGH THAT THE RECOMMENDATION WAS DENIAL, I THINK BECAUSE, UM, YOU ARE A NON-CONFORMING STRUCTURE, REALLY THE ONLY WAY FOR YOU TO BE ABLE TO DO ANYTHING OUTSIDE OF WHAT'S NOT, WHAT'S THERE, UM, WOULD, WOULD REQUIRE THIS, UH, THIS, UH, VARIANCE.
SO THAT'S WHY I WENT AHEAD AND ED IT.
JUST, UH, ONE QUICK QUESTION ON THAT.
UM, IF, IF WE WERE TO, UH, MODIFY LIKE IN THE BACK OF THAT ADDITION OR SOMETHING LIKE THAT, 'CAUSE THINGS ARE COMING IN A LITTLE COST HEAVY, WE MIGHT NOT BE DOING THAT, BUT THERE'S A POSSIBILITY THAT SOME OF THE ADDITION IN THE BACK MIGHT CHANGE OR GO AWAY.
IS THAT GOING TO, UM, THAT, THAT WOULD HAVE TO BE, THAT IT WOULD JUST GO THROUGH CONSERVATION DISTRICT? YES.
UM, NOW WOULD THAT WOULD ACTUALLY, THAT WAS A QUESTION.
WOULD THAT CHANGE OUR VARIANCE? SHOULD I, CAN I SAY FRONT ELEVATION? HOLD ON JUST A SECOND.
SO ARE THE STYLE ONLY TIED TO THE FRONT OR THE ENTIRE STRUCTURE? SO THE ARCHITECTURAL REGULATIONS ARE ONLY, UH, REGULATED TO WHAT CAN BE SEEN FROM THE STREET.
UH, SO ANYTHING THAT THEY WANNA DO IN THE REAR, THEY WOULD STILL HAVE TO COME FOR APPROVAL.
BUT IT'S, IT'S A LAWLESS LAND OUT IN THAT
IF IT WAS TO BE ADJUSTED, IT WOULD BE OKAY BECAUSE AGAIN, GOT, THEY WOULDN'T BE AFFECTED.
SO MY LANGUAGE THAT I ADJUSTED IS ALLEGED WHEN YOU SAY ELEVATION, UNLESS YOU WANNA ADD, UH, SUBMITTED SITE PLANS AND, UM, ELEVATIONS ARE REQUIRED UNLESS YOU WANNA ADD, UM, SHOULD I ADD FRONT STYLE FRONT ELEVATIONS WANNA ADD? YEAH, THAT'S FINE.
I WOULD ADD THE STYLE THAT WAY IT KIND OF DETERMINES THE DEFINITION OF THE STYLE SAYS THE PORTION OF THE, UH, STRUCTURE THAT, THAT HAD TO BE IN COMPLIANCE.
UM, CAN I GO AHEAD AND MAKE A MOTION TO MODIFY MY LANGUAGE? UM, I WOULD LIKE TO MODIFY THE
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LANGUAGE OF MY MOTION, UM, TO, TO READ COMPLIANCE.MOST RECENT VERSION OF ALL SUBMITTED PLANS AND FRONT, UH, STYLE ELEVATIONS ARE REQUIRED.
ANY, I THINK ANY MORE DISCUSSION? GOOD.
I THINK WE'RE READY FOR A ROLL CALL.
VOTE ON THE WHOLE THING, UH, THE AMENDMENT AND, AND THEN WE'LL VOTE AND THEN WE'LL VOTE ON THE ACTUAL THING.
WE'RE VOTING ON THE AMENDMENT TO THE, TO TO THE MOTION.
WE'RE VOTING ON THE AMENDMENT TO THE AMO TO THE MOTION.
AND NOW WE WILL VOTE ON THE MOTION ITSELF.
I DON'T THINK WE HAVE ANY DISCUSSIONS.
WE'RE READY FOR A VOTE FOR ON THE AMENDMENT ITSELF.
MOTION PASSES TO GRANT OR TO ZERO.
UM, AND THAT CONCLUDES OUR HEARING ON WEDNESDAY, APRIL 16TH AND WE WILL ADJOURN AT 2:07 PM.