* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [Board of Adjustments: Panel B on May 21, 2025.] [00:00:05] GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT. I'M SHERRY GABO AND I'M HONORED TO SERVE AS THE VICE CHAIR OF THE FULL BOARD OF ADJUSTMENT BOARDS PANEL B. TODAY IS WEDNESDAY, MAY 21ST, 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 OR MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING. UM, THIS MORNING ON THE PANEL OR THIS AFTERNOON, WE HAVE MYSELF, UM, MICHAEL DORN, JOE CANNON, UH, PARKER GRAHAM AND PHIL SAIK SERVING. UM, OUR STAFF MEMBERS PRESENT INCLUDE DANIEL MOORE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, UM, DR. CAMIKA HASKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MARY WILLIAMS, OUR BOARD SECRETARY AND MOVING MODERATOR. BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED. MEMBERS OF THE BOARD ARE BOARD, ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THIS TIME. WE OPERATE UNDER CITY COUNCIL APPROVED RULES AND PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE, NO ACTION OR DECISION, UM, ON A CASE SETS TO PRECEDENT. EACH CASE IS DECIDED BY ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE. WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ANY EVIDENCE IN WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED. THIS EVIDENCE MUST BE RETAINED IN THE BOARD SECRETARY'S OFFICE FOR EACH CASE. APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF A FULL FIVE MEMBER PANEL. ALL OF THEIR MOTIONS REQUIRE A SIMPLE MAJORITY VOTE. LETTERS TO THE BOARD'S. ACTIONS TODAY WILL BE MAILED TO YOU, UH, WILL BE MAILED BY THE TO THE APPLICANT FIRE BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD. ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. THERE'S NO TELECONFERENCING, UM, VIA WEBEX. ALL COMMENTS ARE BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN THE ORDER. UM, WE WILL START WITH, UM, APPROVAL OF OUR MINUTES. DO I HAVE A MOTION TO APPROVE THE MINUTES? I, UM, JOE CANNON DO MOVE TO APPROVE THE MINUTES FROM OUR APRIL, WAS IT APRIL 15TH, 2025? APRIL 16TH. APRIL 16TH. SECOND. SECOND. THANK YOU. UM, MR. PARK, MR. GRAHAM HAS SECONDED AND, UM, ALL IN FAVOR SAY AYE. AYE. AYE. MOTION PASSED. UM, WE ALSO NEED TO, UM, APPROVE THE AMENDED BOARD OF ADJUSTMENTS RULES OF PROCEDURE, WHICH WE WE'VE DONE DURING THE BRIEFING. ARE THERE ANY QUESTIONS? UM, MAY I HAVE A MOTION TO, UM, UM, APPROVE THE AMENDED RULES OF PROCEDURE? I'LL MAKE THE MOTION TO APPROVE. SECOND, I'LL SECOND. MR. SKE, WE HAVE, UM, ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. ALRIGHT. THAT PASSES UNANIMOUSLY AND ALL OTHER VOTES WILL BE A ROLL CALL VOTE. FROM HERE ON OUT, UM, WE CAN MOVE TO OUR UNCONTESTED DOCKET, UM, WHICH IS CASE DDA 2 4 5 DASH 0 6 2 TO HAVE A MOTION FOR THAT. UH, YES. SO 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 APPLICATION SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WHAT BDA 2 4 5 DASH 0 6 2 APPLICATION BY SADAR SHARI FOR THE SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR PRINCE, AND A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION AND REGULATION. AND VAST DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION, WHICH IS THE COMPLIANCE, BUT THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. SORRY, SECOND. I'LL SECOND. THANK YOU. AND WHILE WE'LL CALL VOTE MR. GRAHAM AYE. MR. SAUK AYE. MR. CANNON AYE. MR. DORN AYE. MS. VICE-CHAIR? AYE. MOTION TO GRAHAM PASSES? FIVE TO ZERO. ALL RIGHT. AND WE'LL NOW MOVE ON TO OUR REGULAR DOCKET AND WE WILL START WITH CASE BDA 2 4 5 DASH 0 6 7 32 66 SOUTH EDGEFIELD AVENUE. IF THE APPLICANT WILL PLEASE STEP FORWARD. I AND I BELIEVE WE HAVE A TRANSLATOR FOR THIS CASE. IT'S RIGHT. YOU'RE [00:05:01] GOOD. OKAY. UM, ALL RIGHT. IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND, UM, OUR BOARD SECRETARY WILL SWEAR YOU IN. OKAY. AND WE'LL LET MS. WILLIAMS SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY. PLEASE STATE YOUR NAME, ADDRESS, AND OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. IS YOUR MICROPHONE ON? OH, THERE YOU GO. YEAH, THERE WE GO. THANKS. YEAH. UH, THE REASON I REQUEST, BECAUSE, UH, IT'S FROM MY MOM'S HOUSE. I BUILT HER FENCE. UH, IT USED TO BE SIX FEET TALL, BUT I, WHEN I BUILT THE EIGHT FEET TALL BECAUSE OF PRIVACY AND SECURITY PROPERTIES, I DID NOT, WAS SUPPOSED TO GET A PERMIT. THAT WHY I'M GOING TO THE, SO I CAN, UH, DO EVERYTHING AND FIX EVERYTHING THAT WAY I CAN KEEP IT AT EIGHT FEET. SO BASICALLY THE MAIN REASON IS BECAUSE, UH, MY MOM AND MY SISTER LIVE BY THEMSELVES AND TAKE CARE OF THEM FOR THREE ATTEMPTS TO JUMP THE FENCE. SO I WENT EIGHT FOOT FOR THE SECURE BRAKE SO I CAN FEEL MORE SECURE. THAT WAS THE MAIN REASON THAT I DID IT, BUT I DIDN'T KNOW TO PUT IT THERE. ARE THERE OTHER FENCES? I GUESS IT LOOKS LIKE THERE'S SOME ALLEY FENCES THAT ARE OF THAT HEIGHT, BUT NOT ANY OTHER FRONT YARD FENCES THAT ARE REALLY OF THAT HEIGHT IN THE NEIGHBORHOOD? NO. YEAH, THERE'S, THERE'S, THERE'S A COUPLE OF THEM. THEN MY NEIGHBORHOOD HAS ONE AND THERE'S, LOOK, ANOTHER THREE HOUSES HAVE EIGHT FENCES OR WHAT I THOUGHT MAKE IT WITHOUT A PERMIT. SO THAT'S WHY JUST WENT AND PHONE DEPOT BY THE EIGHT PANEL, BECAUSE I DID KNOW I WAS TO GET A PERMIT. THAT WAS MY FAULT. DID YOU, HAVE YOU HEARD FROM ANY OF YOUR NEIGHBORS? NO. NO. ACTUALLY MY NEIGHBORS, WHEN THEY SAW, PUT THE SIGNS THAT Y'ALL GAVE ME, THEY WENT TO TALK TO ME LIKE WHY HAPPENED. LIKE, I TOLD THEM WHAT'S GOING ON, , THEY LIKED IT, SO I DON'T KNOW YOU, I'M JUST GOING THROUGH THIS NOW. I'M JUST GOING THROUGH. OKAY. BUT THEY WANT TO TALK TO ME TO SEE WHAT, BECAUSE THEY SAW THE SIGN. I NEVER SEEN A SIGN LIKE THAT. THEY WANT TO, THEY WERE CURIOUS AND THEY, THEY DID IT LIKE MY PANTS, EVERYTHING. GOOD. ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? I HAD A QUESTION REAL QUICK. UH, MAYBE I JUST MISSED WHAT YOU SAID, BUT DID YOU SAID THERE HAVE BEEN THREE CASES WHERE PEOPLE HAD TRIED TO HOP OVER THE FENCE? YEAH, THEY, THEY ACTUALLY JUMPED MY FENCE WHEN, WHEN MY MOM FELL, WHEN IT WAS SIX FEET AND THEY STOLE LIKE TWO BAGS AND COUPLE MY TWO. AND THAT'S WHY, LIKE, I, I, I DON'T CARE ABOUT WHAT THEY STOLE BECAUSE I, I GOT SPRAY BECAUSE OF MY SISTER. SHE'S IN SPECIAL, SO SHE GOES TO THE BACKYARD A LOT. SO LIKE, I DON'T WANT THAT. THAT'S WHEN I TRIED TO RAISE A TWO MORE FEET, WHICH I KNOW I WOULD, I PROBABLY WAS GOOD . OKAY. THANK YOU. ARE THERE ANY OTHER SPEAKERS ON THIS CASE? UH, DOES YOUR, DOES YOUR WIFE WANT TO SPEAK? NO, SHE, SHE'S GOOD. CAN WE TALK ABOUT EVERYTHING I THINK GOES ON? NO, THE SPEAKERS. OKAY. AND, OKAY. THANK YOU FOR YOUR TESTIMONY. THANK YOU. MA DO I HAVE A MOTION? YES, I, YES YOU DO. ALL RIGHT. UH, LET'S SEE HERE. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH 0 6 7 ON APPLICATION OF PE AG AGILON. UH, GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE FOOT, SEVEN INCH HIGH FENCE AS A SPECIAL EXCEPTION TO THE HIGH REQUIREMENT FOR DEFENSES MAINTAINING 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, AND I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DA DEVELOPMENT CODE, WHICH WOULD BE COMPLIANCE. FOR THE MOST RECENT VERSION OF ALL PLANS, ALL SUBMITTED PLANS ARE REQUIRED. DO I HAVE A SECOND? I'LL SECOND. UH, YES. SO, UM, I'M ACTUALLY, I'M GONNA ASK A QUESTION AS I WAS READING THIS. CAN WE HAVE THE LANGUAGE INCLUDE, SINCE THIS IS PERTAINING TO THE FENCE, UM, ELEVATIONS AS WELL? OR DOES THAT NEED TO BE IN LANGUAGE FOR THIS MOTION SINCE IT'S BEEN, WHAT'S THAT? WELL, PLANS WILL, OKAY. YEAH. PLANS COVER. I THINK STAFF INTERPRETS ALL SUBMITTED PLANS TO INCLUDE ELEVATION. GOT [00:10:01] IT. IT, OKAY. OKAY. OKAY. SO, ALRIGHT, NOW MOVING ON TO, UM, SO I BELIEVE THAT, UM, GIVEN THE, THE, THE CONTEXT OF WHERE THIS HOME IS, SEEING THAT THERE ARE PREVIOUS, UM, SECURITY BREACHES OF THE PROPERTY THAT, UM, THAT THIS, UM, THIS RAISING OF THE FENCE WILL PROVIDE, UM, THE INHABITANTS, THE SECURITY THAT THEY DO PRESERVE AS PROPERTY OWNERS AND THAT THE CODE, UM, AS FAR AS LIKE THE SPECIAL EXCEPTION SHOULD BE GRANTED. SO THAT'S WHY I AM, UH, MOTIONING IN FAVOR OF THIS SPECIAL EXCEPTION. AND, UH, LIKEWISE, UM, YOU KNOW, THE FACT THAT THEY ARE GOING TO MAKE THE ADJUSTMENTS TO THAT, UM, SIDE TRIANGLE AT THE ALLEY, UH, I'M COMFORTABLE WITH IT AND RECOGNIZE THE NEED FOR PEOPLE TO HAVE, UM, SOME SENSE OF SECURITY, UH, ON THEIR PROPERTY. OKAY. AND I TOO WILL SUPPORT THIS MOTION. UM, I DO NOT BELIEVE THAT IT ADVERSELY AFFECTS THE NEIGHBORING PROPERTY. AND AS FAR AS SECURITY GOES, I THINK WHEN EACH NEIGHBORHOOD, EACH NEIGHBORHOOD HAS A, UM, SAFE ENVIRONMENT, IT CREATES AN OVERALL SAFE ENVIRONMENT FOR THE ENTIRE NEIGHBORHOOD. SO IT'S A BIG THING NEIGHBORHOOD. SO, UM, SO I THINK THAT'S IT. UM, DO WE HAVE A ROLL CALL VOTE ON THIS MOTION? MR. DORN? AYE. MR. GRAHAM? AYE. MR. CANNON? AYE. MR. SAUK? AYE. MS. VICE CHAIR? AYE. MOTION TO GRANT PASSES FIVE TO ZERO. AND WE HAVE A SECOND MOTION ON THIS, UM, FOR A SURFACE O AREA OPENNESS. DO I HAVE A MOTION FOR THAT? UH, YES. UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER NUMBER BDA 2 45 DASH 67 ON APPLICATION OF JESUS GUIDON GRANT, THE, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATE LESS THAN FIVE FEET FROM THE FRONT LINE, FRONT, FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES AND THE DALLAS DEVELOPMENT CODE. 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 AS AMENDED, WHICH WOULD BE THE COMPLIANCE, BUT THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. I'LL SECOND, I'LL SECOND IT. DO, DO YOU HAVE ANY DISCUSSION OR ? UM, I JUST ONE DISCUSSION. SO SEEING THAT THIS IS THE, UM, AGAIN, THE PLAN SUBMITTED DO SHOW, UM, YOU KNOW, COMPLETELY SOLID SURFACE FOR THE FENCES, BUT GIVEN, UM, GIVEN THE SECURITY CON CONCERNS OF THIS PROPERTY, THERE WERE, I SEE ANY OPENINGS IN THE DESIGN THAT THAT WOULD, AND, YOU KNOW, KIND OF A C***K IN THE, THE ARMOR OF THE PROPERTY OR THE FENCE THERE. SO THAT'S WHY I'D BE, UM, VOTING IN FAVOR OF THIS MOTION. I THE ALE CALL VOTE. MR. SAUK. AYE. MR. GRAHAM? AYE. MR. CANNON AYE. MR. DORN? AYE. MS. VICE CHAIR, AYE. MOTION TO GRAHAM PASSES FIVE TO ZERO. THANK YOU. AND YOU'LL GET A LETTER IN THE MAIL REGARDING THAT. ALL RIGHT, WE'LL MOVE ON TO, UM, OUR NEXT PAGE, WHICH IS BDA 2 4 5 DASH 0 7 1 4 2 7 EAST DRIVE. IF THE APPLICANT WILL PLEASE STEP FORWARD. GOOD AFTERNOON, ROB BALDWIN, EXCUSE ME, ROB BALDWIN 3 9 0 4 ELM STREET, SUITE D IN DALLAS. MAY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. THANK YOU. PLEASE PROCEED. GOOD AFTERNOON LADIES AND GENTLEMEN. FIRST OF ALL, I'D LIKE TO THANK YOU FOR GIVING ME THE OPPORTUNITY TO COME BACK. UM, AS YOU HEARD AT THE BRIEFING SESSION, UH, PRODUCTIVE THE TIME I HAD AWAY FROM YOU, I WAS ABLE TO CONVINCE MY CLIENT THAT THE WISDOM OF ADJUSTING THEIR SITE PLAN REMOVE THAT GARAGE THAT PUSHED THE, THE HOUSE CLOSER TO GREENBRIAR. AND SO WE WENT FROM A SIX FOOT PROPOSED SIX FOOT FOOT BACK TO OVER 15 FEET, WHICH, UH, BRINGS IT IN MORE THAN WHAT WAS THERE BEFORE AND MORE IN LINE WITH WHAT'S TO THE WEST OF US. UM, I'LL GO BRIEFLY THROUGH THIS. I KNOW YOU'VE SEEN IT BEFORE. NEXT SLIDE TO NEXT SLIDE. SO THIS IS THE LOT IN GREEN, THE HOUSE TO THE WEST. UH, IT TURNS OUT THAT WAS BUILT IN 1940 AND 40. THE HOUSE TO THE WEST OF THAT WAS BUILT IN 1948. I CAN'T TELL WHEN THE ORIGINAL HOUSE ON OUR PROPERTY WAS BUILT BECAUSE IT'S BEEN DEMOLISHED AND THAT THOSE RECORDS HAVE [00:15:01] BEEN REMOVED FROM DEC A, BUT I ASSUME ABOUT THE SAME TIME. UH, NEXT SLIDE PLEASE. SO THIS WAS THE HOUSE THAT WAS THERE IS CURRENTLY BEEN DEMOLISHED, AS YOU CAN SEE, IT TREATED GREENBRIAR AS A SIDE YARD AND NOT A FRONT YARD. NEXT SLIDE PLEASE. AND SO THE REQUEST IS, UH, FOR VARIANCE FOR THE PROJECTED FRONT YARD COMING FROM OUR NEIGHBOR'S HOUSE, UH, ON GREENBRIAR, AND THAT IS THE ONLY HOUSE FACING GREENBRIAR, THE REAL ODD SITUATION. THERE'S NO OTHER SITUATIONS LIKE THAT IN THE NEED VICINITY THAT I COULD SEE. NEXT SLIDE PLEASE. SO THIS WAS THE ORIGINAL SITE PLAN IN, IN THE GREEN WITH THE GARAGE THAT I THINK GAVE SOMEBODY YOU SOME PAUSE. UH, NEXT SLIDE. AND THIS IS THE SITE PLAN. UNFORTUNATELY, GREEN BRIAR TO THE RIGHT NOW, UH, BUT THE GARAGE HAD GONE, WHICH INCREASED OUR SETBACK OVER 15 FEET. UH, NEXT SLIDE PLEASE. UH, THIS IS WHAT A PROJECTED FRONT YARD DOES TO THE PROPERTY. UH, NEXT SLIDE PLEASE. UH, AND OKAY, I'M SORRY. YEAH, SO THIS IS WHAT, WHAT IS BUILDABLE AFTER TWO, UH, FRONT YARDS, WHICH IS NOT COMMENSURATE OF OTHER YARD PROPERTIES IN THE R SEVEN FIVE DISTRICT OR ANYTHING ELSE IN, IN THE VICINITY. NEXT SLIDE PLEASE. UH, THESE ARE JUST ELEVATIONS. WE'LL GO THROUGH THOSE. UH, THAT'S A LOT. THE ZONING MAP, YOU CAN SEE THE LOT PATTERN. BASICALLY EVERYTHING FRONTS ONTO EASTES THAT, UH, BUT EASTES, OUR DESIGN IS TO RESPECT THE 25 FOOT SETBACK ON EASTES. SO THE ALIGNMENT ALONG EASTES IS MAINTAINED AND IT LOOKS LIKE IT DID BEFORE. NEXT SLIDE PLEASE. AND THIS IS THE PREVIOUS HOUSE ON THE PROPERTY. YOU CAN SEE HOW CLOSE IT WAS. THE GREEN BRIAR. NEXT SLIDE PLEASE. AND ANOTHER SHOT OF THAT HOUSE NO LONGER THERE. AND THIS IS WHAT IT LOOKS LIKE GOING TO GREENBRIER LANE. UM, THAT'S BASIC, THE EXTENT OF WHAT WE WE'VE SHOWN HERE TODAY. UM, I HOPE YOU CAN SUPPORT THIS. I THINK IT'S, I THINK WE CAN PROVE, AND I THINK STAFF AGREED THAT WE DO HAVE, UH, PROPERTY HARDSHIP. UM, AS THE CHAIRMAN POINTED OUT, THERE ARE LETTERS IN SUPPORT OF THIS. OUR, OUR CLIENT WENT DOOR TO DOOR AND COLLECTED LETTERS TO SUPPORT. UH, WE'D ALSO SENT LETTERS OUT TO THE NEIGHBORS IN JANUARY AND NOT HEARD BACK FROM ANYBODY. SO, UM, I'M HERE TO ANSWER ANY QUESTIONS AND I HOPE YOU CAN SUPPORT THIS REQUEST. THANK YOU. SO I GUESS, UM, IN ONE OF THE LETTERS IT MENTIONED THAT CONSTRUCTION HAS STARTED ON THE PROPERTY ALREADY. NO, IT SHOULDN'T HAVE. OKAY. WE FILED FOR A BUILDING PERMIT AND THAT'S WHAT TRIGGERED THIS. OKAY. AND THEN, UM, I, I HAD A QUESTION ABOUT WHY, WHY YOU WERE CHOOSING GREENBRIAR, BUT IT LOOKS LIKE THAT'S WHAT IT WAS BEFORE. YES. UM, THERE SEEMS TO BE CONCERNS ABOUT TRAFFIC ON GREENBRIAR. UM, YEAH, I SOME, ONE OF THE OPPOSITION TO TALK ABOUT TRAFFIC ON GREENBRIAR, BUT GREENBRIAR DEAD ENDS INTO SYLVAN AND THERE'S NOT A LIGHT THERE. OKAY. SO THERE COULD BE TRAFFIC ON THERE, BUT, UH, WE, OUR DRIVEWAY IS COMING OFF OF THIS, BUT THERE WON'T BE MANY TRIPS COMING FROM A SINGLE HOUSE WHETHER OR NOT THIS IS GRANTED OR NOT. RIGHT. WE'D STILL TAKE ACCESS OUT. GREEN DRIVE. ARE THERE ANY QUESTIONS FOR THE APPLICANT? ARE THERE ANY OTHER SPEAKERS? NO. THE SPEAKER STRIKE. THANK YOU FOR YOUR TESTIMONY. DO WE HAVE A, UM, A MOTION? YEAH. ALL RIGHT. UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 4 5 DASH ZERO SEVEN ON APPLICATION OF ROB BALDWIN GRANT, THE 17 FOOT SIX INCH VARIANCE TO THE FRONT YARD SIDE BACK REGULATIONS REQUESTED BY THIS APPLICANT IS OUR EVALUATION OF THE PROPERTY TESTIMONY SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISION, THE DAS DEVELOPMENT CODE AS A MINUTE, WOULD RESULT IN A, IN UNNECESSARY HARDSHIP TO THIS APPLICANT. AND I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OR DOUBTS DEVELOPMENT CODE. IT SHOULD BE THE COMPLIANCE, BUT THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. AGAIN, I'LL SECOND, UH, YES, I KNOW WE'VE HEARD THIS CASE. IT'S BEEN, UM, BEFORE US FOR PROBABLY THE PAST, UH, THREE MONTHS NOW. UM, I MEAN THESE TWO FRONT YARD CASES ARE, YOU KNOW, AGAIN, WHY WE'RE HERE IS TO THOROUGHLY EVALUATE THE IMPACT OF NEW DESIGN AND OF COURSE BALANCING THAT WITH, UM, YOU KNOW, THE, THE INPUT FROM THE NEIGHBORS. SO I, UM, I WANNA SAY THAT I DO APPRECIATE THE REDESIGN THAT WAS, UM, OR THAT IS BEING PROPOSED TODAY AS FAR AS BRINGING THAT GARAGE BACK OR KEEPING THAT HOUSE AS CLOSE WITHIN THOSE TWO FRONTS. SOME FACTS AS POSSIBLE. UH, WITH ANY SINGLE FAMILY RESIDENCE, [00:20:01] YES, THERE'S GOTTA BE EGRESS AND INGRESS FOR THOSE THAT LIVE THERE. SO I DON'T THINK WE CAN 100% MITIGATE ANY ADDITIONAL TRAFFIC ON GREENBRIAR. UM, THE LETTERS BOTH IN OPPOSITION AND IN SUPPORT WERE READ. UM, REASON WHY I'M MAKING MY CASE HERE FOR, UM, GRANTING THIS MOTION WOULD BE TO AC SEE THIS PROPERTY BUILT. UM, AND THEN THE FACT THAT THERE WAS CONSIDERATION TAKEN WITH, UM, THE DESIGN TEAM AND THEN ALSO WITH, UM, INPUT FROM THE COMMUNITY OVER THE PAST THREE MONTHS. UM, I DO BELIEVE THAT THIS SHOULD, UM, THIS VARIANT SHOULD GO FORWARD. AND I WOULD SAY THAT, UM, YOU KNOW, I APPRECIATE THE FACT THAT THE PLANS WERE REDRAWN AND THAT GARAGE WAS, THAT ADDITIONAL GARAGE SPACE WAS ELIMINATED TO, UH, TRY AND REACH A, UM, SOMETHING THAT WAS EQUITABLE FOR EVERYONE INVOLVED, BOTH THE OWNER AND OTHERS IN THE NEIGHBORHOOD. SO, UM, FOR THAT REASON, UM, I, I'M IN SUPPORT OF THE VARIANCE. WELL MR. CANNON. AYE. MR. DORN? AYE. MR. GRAHAM? AYE. MR. SAUK? AYE. MS. VICE CHAIR? AYE. MOTION TO GRAHAM PASSES. FIVE TO ZERO. THANK YOU. OKAY, WE'LL NOW MOVE ON TO OUR LAST CASE, 64 42 EAST LOVERS LANE. IF THE APPLICANT WILL PLEASE STEP FORWARD. UM, IF YOU'LL STATE YOUR NAME. OH, WE'LL WAIT UNTIL SHE COMES BACK OVER. SORRY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE PROCEED. HI, I'M NICOLE RODRIGUEZ AND I'M THE HOMEOWNER AT 6 4 4 2 EAST LOVE'S LANE. THANK YOU FOR HAVING ME TODAY AND BEING ABLE TO SPEAK TO YOU. UM, I WANTED TO JUST SHARE A LITTLE STORY ABOUT HOW I CAME UP WITH THIS IDEA. SO, UM, I CAME UP WITH THE IDEA TO, TO BUILD AN A DU AT THE END OF LAST YEAR. AND IN DOING MY RESEARCH, UM, I FOUND A PAGE ON THE CITY HALL WEBSITE UNDER CODE AMENDMENTS TITLED ACCESSORY DWELLING UNITS. THIS GAVE ME HOPE. IT LOOKED LIKE THE CITY WAS SUPPORTING THE USE OF ADUS FOR RENTAL INCOME ON JUNE 27TH, 2018. CITY COUNCIL APPROVED TWO DIFFERENT OPTIONS TO ALLOW ADUS TO BE BUILT AND RENT AND OR RENTED. ONE OPTION WAS A NEIGHBORHOOD DRIVEN OPTION TO CREATE AN OVERLAY. THE OTHER OPTION WAS THROUGH THE BOARD OF ADJUSTMENT PROCESS. AT THE TIME OF MY INITIAL RESEARCH, I DIDN'T KNOW WHAT OVERLY OVERLAY MEANT, UM, BUT AFTER ENGAGING MY CONTRACT WITH KEVIN GRAHAM AND THROUGH HIS MEETINGS WITH THE CITY, UH, TEAM MEMBERS, YOU KNOW, NOW I UNDERSTAND, BUT I STILL NOTICE A DIFFERENCE, A KEY DIFFERENCE BETWEEN THE TWO CODES BETWEEN THE CODE FOR THE OVERLAY AND THE CODE FOR THE PROCESS THROUGH BOARD OF ADJUSTMENTS. THE OVERLAY RULE STATES THAT THE MAXIMUM FLOOR AREA OF A DETACHED A DU IS THE GREATER OF 25% OF THE MAIN STRUCTURE OR 700 SQUARE FEET, WHICHEVER IS LARGER. SO I THOUGHT, NO PROBLEM. I'M ONLY LOOKING TO BUILD A UNIT THAT'S APPROXIMATELY 500 ISH, FIVE 50 ISH SQUARE FEET. SO WE'D BE WITHIN THAT RULE. BUT THE OTHER RULE ONLY STATES THE 25% RULE, WHICH IS WHY WE'RE HERE TODAY. YOU KNOW, WITH THIS, UM, EXEMPTION REQUEST. UM, MY CONTRACTOR HAS ACTUALLY ALSO EXCHANGED SOME EMAILS ABOUT THIS WITH THE CITY HIGHLIGHTING THOSE KEY DIFFERENCES WITH SARAH AND WITH UH, BRIAN THOMPSON. UM, SO WE KNOW THAT THERE'S A DIFFERENCE BETWEEN THE RULE, BUT THAT'S WHY I'M HERE TO ASK FOR THIS EXEMPTION TODAY. I FEEL LIKE IT DOES PRESENT A HARDSHIP FOR ME BECAUSE MY HOUSE IS ALREADY SMALL, SO 25% OF A SMALL HOUSE IS OBVIOUSLY A LOT SMALLER THAN THE RULE, UH, FOR THE OVERLAY, WHICH WOULD EXTEND UP TO 700 SQUARE FEET. SO, UM, I LOVE MY HOUSE. UH, IT IS A SMALL HOUSE AND I LOVE IT AND I DO, I'M EXCITED TO, TO STAY THERE AND TO, UM, BE ABLE TO TAKE A PART OF THIS, UH, OPPORTUNITY WITHIN THE CITY TO HAVE THIS A DU OPPORTUNITY TO STILL LIVE ON THE PROPERTY AND STILL ALSO BE ABLE TO TAKE ADVANTAGE OF THIS, UM, A DU OPTION. SO THANK YOU. AND I ALSO HAVE KEVIN HERE SPEAKING TODAY OR ANY, I GUESS, ARE YOU, UM, ARE YOU BUILDING ON THE EXISTING, UM, PAD OF THE GARAGE OR ARE YOU TEARING THAT DOWN AND TEARING UP THE CONCRETE? WE'RE TEARING IT DOWN BECAUSE THE FOUND THE CURRENT FOUNDATION FOR THE GARAGE IS NOT SUFFICIENT FOR THE USE, BUT IT WILL BE THAT SAME SPACE, BUT WE'LL HAVE TO, YOU KNOW, IT'LL BE A BETTER, UM, HIGHER QUALITY FOUNDATION, UM, YOU KNOW, WITH THE PLUMBING AND EVERYTHING ELSE THAT NEEDS TO GO IN. I, AND I'M JUST, I [00:25:02] MEAN, I KNOW YOU HAD A SIGN IN YOUR FRONT YARD. DID YOU, OF YOUR NEIGHBORS APPROACH YOU AND TALK TO YOU ABOUT IT AND, WELL, I DIDN'T HAVE ANY DIRECT LETTERS IN SUPPORT. ALL OF MY NEIGHBORS ON LOVER'S LANE SUPPORTED ME AND, UM, I'VE TALKED TO SEVERAL OF THEM AND THEY ALL THOUGHT IT WAS A GREAT IDEA. I HAVE ONE LETTER IN OPPOSITION. UM, THERE'S NOT AN ADDRESS ON IT, I HONESTLY HAVE NO IDEA WHERE IT WAS. IT'S ON LENOX. IT'S A FEW, IT'S THE NEXT OH, IS THERE A ADDRESS ON IT? OH, THERE IS, YEAH. OKAY. MAYBE THERE'S ANOTHER LETTER IN THERE THAT DIDN'T HAVE AN ADDRESS THAT I DON'T REMEMBER. SO, BUT YES, SO HE, SO THE ADDRESS THAT, UH, HAS THE LETTER OF OPPOSITION IS THE STREET BEHIND ME, THE OPPOSITE SIDE OF THE STREET BEHIND ME. OKAY. UM, AND HIS, UH, CONCERNS WERE REGARDING PARKING AND ONE THING I DON'T THINK HE REALIZES IS THAT WE ALREADY HAVE, OR I ALREADY HAVE TWO PARKING SPOTS FOR THE HOUSE ITSELF, WHICH WON'T CHANGE WITH THIS, WITH THIS PROPOSAL. UM, AND WE'RE ADDITIONALLY GONNA HAVE THE PARKING SPOT IN THE BACK FOR THIS ONE BEDROOM APARTMENT THAT I'M PROPOSING. AND ARE YOU LOOKING TO LEASE IT LONG TERM OR SHORT TERM? HONESTLY, I JUST WANT THE OPTION TO, I DON'T REALLY KNOW WHAT I, I DON'T HAVE A, UNTIL I HAVE THE, YOU KNOW, PLANS BEFORE ME AND FIGURING OUT, I'M NOT SURE, WELL, I DON'T KNOW IF I WILL. YEAH, I MEAN, IN A SINGLE FAMILY NEIGHBORHOOD YOU HAVE TO RENT IT FOR MORE THAN 30 DAYS? OH, YES, NO. OH, YOU MEAN LIKE, UM, THE, THE WHOLE AIRBNB, RIGHT? NO, NO, NO. THIS WOULD BE THE, A LONG TERM RENTAL. SO MORE THAN 30 DAYS, I, YEAH, I HAVEN'T DECIDED YET IF I WANNA MOVE INTO THE SMALLER SPACE AND RENT OUT, YOU KNOW, THE HOUSE. GOT IT. OKAY. BECAUSE I AM, I'M SINGLE, I'M A SINGLE OWNER AND THAT'S PART OF THE REASON WHY I WAS IN, YOU KNOW, IN THE HOUSE AND I WAS LIKE, IT'S JUST ME. I COULD , YOU KNOW, I DON'T NEED THIS MUCH SPACE. I COULD, I COULD DEFINITELY LIVE IN A MUCH SMALLER SPACE. AND THAT'S KIND OF HOW THE IDEA CAME TO ME. OKAY, GREAT. UM, ANY OTHER QUESTIONS FOR THE APPLICANT? ARE THERE ANY, UM, ANYTHING IS, ARE THERE ANY OTHER SPEAKERS? UM, I BELIEVE THE CONTRACTOR. MR. KEVIN? YES. KEVIN, DOES SHE WANNA SPEAK ? I NEED TO SWEAR YOU IN. I'M SORRY. YEP, I GET INTO THE WEEDS. , DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. OKAY. PLEASE PROCEED MY ADDRESS. YEAH, PLEASE STATE YOUR NAME AND ADDRESS TO THE RECORD. KEVIN GRAHAM, 83 42 4 FIFTH BOULEVARD, DALLAS. UM, GOOD AFTERNOON AND THANK YOU. UM, NICOLE BASICALLY GAVE ME THE GIST OF THE STORY, BUT BASICALLY I WANT TO SAY THAT THE, THE CITY DOES, UH, SINCE I GUESS THE 2018 WHEN THEY STARTED LOOKING INTO THIS PROCESS AND 2020, I GUESS THEY ADOPTED IT PROPOSAL DO THE A DU AND THEY, THEY SAW THE BENEFITS OF OWNER OCCUPIED A DU UNITS THAT, UH, HAVE BENEFIT TO THE, THE NEIGHBORHOOD, THE COMMUNITY, AND THEY JUST PROVIDE SUSTAINABLE GROWTH, I MEAN ALL SORTS OF GREAT BENEFITS THAT, UH, MORE SPECIFICALLY FOR THIS PROPERTY, WE WANTED TO MAKE SURE THAT IT, THAT IT FIT INTO THE EXISTING NEIGHBORHOOD. AND SO WHEN WE DESIGNED IT, SO THE EXISTING GARAGE WAS IN BASICALLY IT, IT COME TO, ITS IN, UH, END OF ITS FUL LIGHT. IT'S, WASN'T IT TECHNICALLY PARKED CAR IN THERE, BUT PROBABLY IS NOT THE BEST IDEA. UH, SO IT NEEDED TO BE REPLACED ANYWAY. SO THE A DU THAT WE'RE GOING PUTTING BACK IN THE EXACT SAME SPOT WILL LOOK VERY SIMILAR TO THE GARAGE AND MATERIAL THAT HAVE SIDING CURRENTLY. THE GARAGE, THE 1 0 5 STABBING, IT WILL GO BACK TO THIS SIDE OF AS WELL. AND, UH, WHERE THE OWNER LIVES ON THE PROPERTY. SO YOU DON'T HAVE A, UH, LANDLORD THAT'S NOT AROUND DE LAKE. SO THAT'S ONE OF THE GOOD THINGS. AND PARTNERING WITH THE CITY I THINK IS A GOOD ELEMENT AS WELL BECAUSE YOU HAVE TO LIST THE PROPERTY WITH THE CITY ON A YEARLY BASIS AS A RENTAL PROPERTY. AND, UM, I'M ASSUMING THAT IT ALLOWED THE CITY TO, UH, MAYBE EVEN PASS ALONG TO PEOPLE THAT ARE LOOKING FOR RENTAL PROPERTY, THAT LOCATION. UH, AND UH, I WANTED TO ADDRESS THE LETTER OF OBJECTION, WHICH I THINK, UH, PO AUTHORITY SAID, BUT, UH, I THINK HE HAD, HE BROUGHT UP THREE POINTS AND THE FIRST TWO WERE CONCERNING PARKING. AND ESSENTIALLY SHE ALREADY HAD, WE HAVE TWO TO THREE CURRENT PARKING SPOTS CURRENTLY THAT'S NOT GOING TO CHANGE WITH THE 82. AND THEN WE'RE ADDING ADDITIONAL PARKING SPACE OFF OF THE, UH, ALLEY OR SPECIFICALLY FOR THE . UH, AND UH, ANYWAY, THE OLD GARAGE WILL BE TORN DOWN COMPLETELY AND REPLACED WITH A NEW STRUCTURE THAT NEEDS TO CURRENT CODE AND , ALTHOUGH THE SKY, UH, [00:30:01] LET'S SEE. UM, MORE PARTICULARLY, I WANTED TO ADDRESS THE, UH, THE CODE ABOUT THE, THE SQUARE FOOTAGE, THE FACT THAT WE'RE ASKING FOR 59 SQUARE FOOT ADDITIONAL VARIANT ON THE SQUARE FOOTAGE OVER 0.5%. AND I THINK SHE MENTIONED THE FACT THAT THE DISCREPANCY BETWEEN THE RULES THAT WE BROUGHT OVER FROM THE OVERLAY THAT THE CITY BROUGHT IN FROM THE OVERLAY TO THE REGULAR BUILDING BOAT, EVERYTHING, EVERYTHING MATCHES UP EXACTLY AS FAR AS OWN, UH, RESTRICTING THE OWNER, UH, TO BEING LIVING ON THE PROPERTY AND DOING DEED RESTRICTIONS AND REGISTERING THE PROPERTY WITH THE, UH, THE CITY. EVERYTHING ELSE LINES UP EXACTLY WITH THE ONE EXCEPTION OF THE SQUARE FOOT SQUARE FOOT DEPARTMENTS. AND SO LIKE I, I WAS TELLING HER, I SAID A HARDSHIP ON THE HOMEOWNER THAT DOESN'T LIVE IN A GREAT BIG GIANT HOUSE. UM, AND IT, YOU SHOULDN'T BE PENALIZED BECAUSE YOUR HOUSE IS A BIG HOUSE AND YOU WON'T KEEP LIVING THERE. UH, SO ANYWAY, THAT, UH, THE ONLY OTHER THING I WAS GONNA SAY, I WAS, I WAS ACTUALLY HAVING TO LOOK FOR AN APARTMENT FOR MY MOTHER-IN-LAW WHO'S MOVING OUT HER HOUSE. AND I WAS THE ONE BEDROOM APARTMENTS THAT I'M SEEING THAT, THAT WE'RE LOOKING AT, THEY ALL AVERAGE ABOUT 700 TO 950 SQUARE FEET. SO THAT, YOU KNOW, THERE WAS, THERE WAS RATIONALE FOR THE REASON WHY THE CITY PUT IN THAT SEVEN 50 SQUARE BED, UH, NUMBER. UH, WHICH IT JUST MAKES SENSE THAT THAT'S EVERYTHING I HAVE. DO YOU HAVE ANY QUESTIONS FOR ME? HAPPY TO ANSWER. I HAVE ONE QUICK QUESTION, WHICH IS, UH, I'M JUST READING THE, THE THIRD POINT FROM THE OBJECTION LETTER AND I DIDN'T FOLLOW, SO MAYBE, YOU KNOW, BUT HE SAYS IT LOOKS LIKE A GARAGE CONVERSION, WHICH MEANS THE FOUNDATION IS NOT BUILT UP ENOUGH TO KEEP RAINWATER OUT. BASICALLY, I, I SAW THE LEVER THAT THE CITY SENT OUT, WHICH THEY JUST SENT OUT A SITE PLAN. SO FROM THE SITE PLAN, HE DIDN'T HAVE ALL THE OTHER DOCUMENTS THAT, THAT Y'ALL ARE PUTTING TO, WHICH SHOWED THE DUKE FOUNDATION AND THE FRAME AND, AND EVERYTHING LIKE THAT. SO I MEAN, I UNDERSTAND HIS CONCERN THAT IF YOU TRY TO JUST GO INTO AN EXISTING GARAGE IN 19 50, 51, WHENEVER IT WAS BUILT, THEY WERE BUILT DOWN ON THE GROUND AND IF SOMEBODY BUILT THERE UP, IF YOU HAVE A HEAVY RAIN WATER WOULD BE BE A PROBLEM. BUT WE'RE, WE'RE TAKING ALL THAT OUT AND PUTTING A NEW FOUNDATION. YOU BET. THANK YOU FOR YOUR TESTIMONY. THANK WE MUCH. WE, UM, MOTION, UH, I MOVE THE BOARD OF ADJUSTMENT IN REQUEST NUMBER BDA 2 4 5, UH, 0 6 0 ON APPLICATION OF KEVIN GRAHAM. GRANT. THE REQUEST TO CONSTRUCT AND MAINTAIN AN ACCESSORY DWELLING UNIT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE IS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATION REQUIREMENTS IN THE DALLAS DEVELOPMENT CODE. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES, I FURTHER MOVE, UH, THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT. THE VAL DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED AND THE PROPERTY MUST BE DEED RESTRICTED TO REQUIRE THAT THE PROPERTY OWNER RESIDE IN THE MAIN STRUCTURE OR THE ACCELERATE ACCESSORY DWELLING UNIT. IF ONE DWELLING UNIT IS USED AS A RENTAL ACCOMMODATION AND ANNUALLY REGISTER THE RENTAL PROPERTY WITH THE CITY'S SINGLE FAMILY NON-OWNER OCCUPIED RENTAL PROGRAM, I'LL, UH, SUPPORT THIS MOTION DISCUSSION. YEAH, I, I'M, I MADE THE MOTION BECAUSE, UM, YOU KNOW, I CAREFULLY LISTENED TO THE TESTIMONY AND I THINK IT MEETS, UM, THE REQUIREMENTS THAT WE'RE SUPPOSED TO CONSIDER ON WHETHER TO APPROVE THIS. UH, I WAS INITIALLY CONCERNED ABOUT THE NEIGHBORING LETTER IN OPPOSITION. I I WAS LESS CONCERNED ONCE I REALIZED HE WAS THE NEIGHBOR ON THE OTHER SIDE AND DIDN'T SHARE AN ALLEY WITH THE APPLICANT. UM, AND I THOUGHT THAT MR. GRAHAM ADDRESSED THE, THE CONCERN HE RAISED ABOUT, UM, YOU KNOW, HIS VIEW OF THE, UH, FOUNDATION AND I THOUGHT THE APPLICANT ADDRESSED THE CONCERN WITH RESPECT TO PARKING. SO, YOU KNOW, WHILE I APPRECIATE THE LETTER AND OPPOSITION, I THINK THE EVIDENCE, UM, ADDRESSED THE CONCERNS. AND SO I'M, I'M MAKING THE MOTION. I, I TOO WILL BE SUPPORTING THIS. AND, UM, I, I'VE SERVED ON THE BOARD OF ADJUSTMENTS FOR A LONG TIME. THIS IS MY FIRST CASE WHERE I'VE HEARD, UM, OF SOMEBODY COMING IN AND ASKING [00:35:01] FOR A RENTAL UNIT. WE TYPICALLY HEAR ABOUT THE MOTHER-IN-LAW SUITE. UM, I THINK THIS IS EXACTLY WHAT THE CITY OF DALLAS NEEDS TO BE DOING. WE NEED MORE HOUSING. WE DO NOT NEED MORE SHORT, SHORT TERM RENTALS. THAT IS NOT WHAT WE WANT. WE DO NOT WANT CORPORATIONS COMING IN AND BUYING THIS. I FULLY SUPPORT THIS TYPE OF BUILDING, ESPECIALLY WHEN IT'S A ONE STORY BUILDING. YOU'RE NOT LOOKING IN ANYBODY'S BACKYARD. THE ALLEY IS BEING USED AS THE INGRESS AND EGRESS. UM, I APPLAUD YOUR EFFORT AND I AM THRILLED TO SUPPORT THIS MOTION. REALLY HAPPY. THANK YOU. CALL VOTE MR. MR. CANON. AYE. MR. DORN? AYE. MR. GRAHAM? AYE. MR. SA AYE. MS. VICE CHAIR? AYE. MOTION TO GRAHAM PASSES FIVE TO ZERO AND WE HAVE ONE MORE MOTION ON THIS. IT'S, UH, FOR THE FLOOR SPACE, UH, I MOVE THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 45 DASH SIX ON APPLICATION OF KEVIN GRAHAM GRANT AND THE 59 SQUARE FOOT VARIANCE TO THE FLOOR AREA RATIO IONS 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 INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. I'LL SECOND DISCUSSION . YEAH. UM, YEAH. UM, I'LL BE SUPPORTING THIS MOTION. I'M JUST REVIEWING THE FLOOR PLAN AS EXHIBITED IN SHEET A TWO THAT, UM, FOR SUBMIT, OR 95 PER THE DOCKET HERE, UM, THE ROOMS THAT ARE PART OF THIS, UM, THIS PROJECT, I MEAN, THEY, THEY ARE STANDARD DIMENSIONS. I WOULD SEE THAT, YOU KNOW, THIS WOULD PROBABLY BE IMPOSSIBLE TO HAVE A DWELLING UNIT WITHOUT THE ADDITIONAL, UH, SQUARE FOOTAGE THAT'S REQUESTED. SO, UM, YES, THAT'S WHILE I'LL BE SUPPORTING 59 SQUARE FEET, UM, FOR THE VARIANCE. ALRIGHT, PHONE CALL MR. CANNON. AYE. MR. DORN? AYE. MR. GRAHAM? AYE. MR. SA AYE. MS. VICE CHAIR? AYE. MOTION TO GRAHAM PASSES? FIVE TO ZERO. THANK YOU. YOU'LL RECEIVE A LETTER IN THE MAIL. APPRECIATE IT. THANK YOU. ALRIGHT, AND WITH THAT WE CAN ADJOURN OUR MEETING AT 1:38 PM THANK YOU EVERYBODY. THANK YOU VICE CHAIR GABO. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.