* 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. [00:00:01] OKAY, [Board of Adjustments: Panel C on August 18, 2025.] GOOD AFTERNOON. IT IS 1:09 PM ON MONDAY, AUGUST 18TH, 2025. I'M ROBERT AGNI, AND, UH, I'M THE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF THIS PANEL. C UH, WE HAVE A QUORUM. SO THIS MEETING IS DULY CALLED TO ORDER. TO MY LEFT ARE MEMBERS, RODNEY MILLIKEN, ANDREW FINNEY, AND ROGER SASHING HAS GHOST US, UH, WITH HIS PRESENCE. UM, MR. FINNEY IS AN ALTERNATE, AND, UH, I SAID THAT'S EARLIER. IT'S, YOU GUYS BAIL US OUT, SO THANK YOU. UM, UH, TO MY RIGHT IS THERESA CARLISLE, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. KAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNING, AND MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR. UH, A FEW GENERAL COMMENTS. UH, MEMBERS ARE APPOINTED BY THE CITY COUNCIL AND BY THE MAYOR. WE SERVE, UH, WITHOUT COMPENSATION. UM, AND, UH, ONCE A MONTH IS, IS A, FOR A FULL DAY IS, IS A REAL COMMITMENT. SO THAT'S APPRECIATED BY, BY MUCH MORE THAN ME. UM, UH, NO ACTION WE TAKE TODAY SETS A PRECEDENT. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES. UH, UNLESS IT'S OTHERWISE INDICATED, EACH USE IS PRESUMED TO BE LEGAL. WE'VE BEEN BRIEFED, UH, THIS MORNING, UH, WITH THE EXCEPTION OF CASE TWO FIVE DASH 0 0 0 2 8, WHICH, UH, WE WILL BE BRIEFED. UH, BEFORE WE HEAR, UM, UH, THERE IS A PUBLIC DOCKET THAT WAS POSTED ON OUR WEBSITE SEVEN DAYS AHEAD OF TIME THAT SHOWS YOU WHAT WE SAW BEFORE WE CAME TODAY. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD SHOULD BE SUBMITTED TO MS. WILLIAMS AND WILL BECOME A PART OF THE PUBLIC RECORD, AND WE WILL KEEP IT FOR OUR FILES. UH, TODAY. APPROVALS REQUIRE FOUR VOTES. UH, THERE, THERE ARE FOUR MEMBERS, NOT FIVE TODAY. UH, LETTERS OF THE BOARD'S ACTION WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S MEETING. UH, ANYONE WISHING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH MS. WILLIAMS. SO IF YOU HAVEN'T, DO IT NOW. UH, EACH REGISTERED SPEAKER, THIS IS IN THE, THE PUBLIC TESTIMONY, WILL BE ABLE TO SPEAK, UH, FOR A MAXIMUM THREE MINUTES, OR WHEN A SPECIFIC CASE IS CALLED FOR THE PUBLIC HEARING. UH, WE'LL HAVE A MAXIMUM OF FIVE MINUTES. IF WE NEED TO EXTEND IT, WE'LL DO IT EQUITABLY. SO THE APPLICANT WILL GET FIVE MINUTES OPPOSITION, FIVE, AND THE APPLICANT WILL GET A REBUTTAL, BUT WE'LL, UH, WE'LL DO THAT ON A CASE BY CASE BASIS. REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. THAT MEANS THAT LITERALLY YOUR FACE HAS TO BE ON CAMERA, NO TELECONFERENCING IS ALLOWED. UH, ALL COMMENTS AND QUESTIONS ARE TO BE DIRECTED TO ME, AND IF I NEED TO, I WILL MODIFY SPEAKING TIMES. BUT I THINK WE'RE GOOD. UM, MS. WILLIAMS, ARE THERE SPEAKERS REGISTERED FOR THE PUBLIC TESTIMONY? NO PUBLIC SPEAKERS REGISTER, SIR. OKAY. SO WE'RE GONNA FOLLOW OUR AGENDA AS IT'S POSTED. WE'LL HEAR THE, UM, FEE WAIVER FIRST, THEN THE UNCONTESTED CASES, AND, UM, THEN THE CASES AS THEY'RE ORIGINALLY, UH, POSTED, WHICH MEANS WYCLIFFE, THEN ELMWOOD, AND THEN SANTA FE. UM, WE'LL THEN BRIEF AND HEAR, UH, AFTON STREET. UM, DO I HAVE A MOTION TO APPROVE OUR MINUTES FROM LAST MEETING? VICE MR. SACK, BEFORE WE, UH, DO THAT, I'D JUST LIKE TO MAKE A, UM, JUST A, JUST A, A COMMENT. SURE. UM, CONSIDERING THE FACT THAT WE HAVE BOTH, HAS THE APPLICANTS IN THOSE WHO MAY BE HERE TO SPEAK IN FAVOR OR AGAINST ANY OF THE CASES BEEN INFORMED OF THE RAMIFICATIONS OF THE, OF THE REQUIREMENT TO GAIN APPROVAL OR DENIAL? CERTAINLY. SO THEY MAY BE ABLE TO DECIDE WHETHER OR NOT THEY WANT TO SEEK MAYBE A, UM, UM, A RESCHEDULING OF THEIR CASE OR NOT. WELL, I, UH, I WOULD SAY I JUST NOTIFIED THEM. I DON'T KNOW WHETHER THEY'RE NOTIFIED AHEAD OF TIME. UH, I WOULD SAY THAT [00:05:01] I DON'T HAVE REASON TO BELIEVE THERE'LL BE MORE THAN FOUR NEXT MONTH AS WELL, AND THAT THEN ADDS TO IT. BUT THEN YOU OBVIOUSLY COLLECTIVELY HAVE THE RIGHT TO, UH, POSTPONE A CASE. UH, THAT'S UP TO YOU. AND, YOU KNOW, IF THEY REQUEST, UH, THAT'S ALL I KNOW HOW TO SAY. EITHER WAY, YOU NEED FOUR VOTES. UH, IT'S JUST A QUESTION OF WHETHER THERE'S THE, UM, IS THERE A MOTION ON OUR MINUTES? VICE CHAIR AG? IS THERE EVER A MOTION, MR. SASH? I MOVE THAT THE BOARD OF ADJUSTMENTS IN THE, UM, MEETING MINUTES FROM OUR PREVIOUS, UM, MEETING IN JULY. APPROVE THE MINUTES AS POSTED. AGNES WILL SECOND MR. SING'S MOTION AGNE SECOND COMMENTS? ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. AGAINST PASSES UNANIMOUSLY, FUTURE VOTES WILL BE BY ROLL CALL. UM, OKAY. THE FIRST CASE IS BO OA DASH TWO FIVE DASH 0 0 0 0 4 8 13 15 MCKENZIE STREET. THIS IS, UH, AN APPLICATION FOR A FEE WAIVER. IT'S THE APPLICANT HERE, THE APPLICANT ONLINE. ARE THERE OTHERWISE SPEAKERS IN FAVOR? ARE THERE SPEAKERS IN OPPOSITION OR, OKAY, HEARING NONE, UH, MS. WILLIAMS, WILL YOU CALL THE VOTE? WELL, I'M SORRY. I NEED A MOTION. UH, I'LL MAKE A MOTION THEN. MR. FINNING, WERE YOU ABOUT TO, OH, WE'VE GOT A MICROPHONE NOW. PHONE. OH YEAH, I DON'T THINK THAT ONE WORKS EITHER. UH, SORRY, I WAS PUSHING YOU ON . SORRY, MR. FANON. UH, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATION LISTED ON THE UNCA TESTED DOCKET, BECAUSE IT APPEARS NO, NO, THIS IS THE FEE WAIVER. OH, OH, IT'S THE SAME PAGE. GOT IT. OKAY. SORRY. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA 2 5 0 0 0 4 8 FW ONE ON APPLICATION OF EDWIN MARIDA VARGAS. GRANT, THE REQUEST TO WAIVE THE FILING FEES BE PAID IN ASSOCIATION WITH A REQUEST FOR A VARIANCE TO THE OFF STREET PARKING REGULATIONS FOR A SPECIAL EXCEPTION TO THE LANDSCAPE REGULATIONS AS REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT WITH FEE WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT. NOTE, IF A MOTION TO GRANT ALL OR A PORTION OF THE APPLICANT'S REQUEST DOES NOT GET FOUR CONCURRING VOTES, THE MOTION FAILS. IS THERE A SECOND SESSION? SECOND. OKAY, MR. FINN, IT'S YOUR MOTION. WHY, WHAT, WHAT TESTIMONY SWAYED YOU? ? WELL, YEAH, IT WAS THE BRIEFING. UM, I JUST THINK IT'S VERY CLEAR THAT, UM, UH, UM, I, THE FEES SEEM RATHER HIGH. UM, AND, UM, I THINK IT'S, UM, UM, THAT'S ALL. MR. ASHING, I HAVE NO REASON TO, UM, BELIEVE THAT THE APPLICANT, UM, DOES NOT EXPERIENCE THE, UM, THE HARDSHIP THAT THEY SAY THEY EXPERIENCED IN, UM, REQUEST OF THIS, UM, FEE WAIVER. SO, I, I DON'T HAVE ANY OBJECT. I'M GUESSING MS. CARLISLE IS GONNA TELL YOU WHO HAS THE BURDEN. THE BURDEN OF PROOF IS ON THE APPLICANT. WHAT? I HEAR YOU, I, I HEARD NO TESTIMONY FOR, SO I'LL DELEGATE. I I SAW NO EVIDENCE OR HEARD NO TESTIMONY. UM, MR. , WE HAVE TO GO. [00:10:03] YOU WANT ME TO PEOPLE TO, I WANTED TO SHARE MY THOUGHT. MANY DISAGREES. CALL QUESTION MS. WILLIAMS. MR. FINNEY? AYE. MR. STON, I'M WITH MR. AG. UM, NO. NO. NA MR. SINGTON IS NOTE. OKAY, MR. MILLIKEN NAY, MR. VICE CHAIR NAY MOTION FAILS. MOTION IS DENIED. OKAY. UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH FOUR EIGHT FW ONE ON APPLICATION OF EDWIN, UH, MARLA, I'M SORRY. UH, MR. VARGAS, EDWIN MARLAND VARGAS DENIED THE REQUEST TO WAIVE THE FILING FEES TO BE PAID IN ASSOCIATION WITH A REQUEST FOR VARIANCE TO THE OFF STREET PARKING REGULATIONS AND FOR A SPECIAL EXCEPTION TO THE LANDSCAPE REGULATIONS AS REQUESTED BY THIS APPLICANT WITH PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THE PAYMENT OF THE FEE WOULD NOT RESULT IN SUBSTANTIAL FINANCIAL HARDSHIPS TO THE, IS THERE A SECOND? I SECOND THE MOTION. OKAY. I, I DID IT WITH, UH, BECAUSE I, I, I THINK YOU SHOULD, IF, IF, IF SOMEONE WAS UNWILLING TO SHOW UP FOR THE HEARING, THEY'VE REQUESTED, UH, ESPECIALLY IF YOU ARE, YOU ARE, UM, REQUESTING RELIEF FROM A HEARING YOU HAVE REQUESTED, I, I DON'T KNOW WHAT ELSE TO SAY, BUT, BUT THE TIME IS VALUED. THERE IS FOR WHAT? IT'S, I BELIEVE IF THIS MOTION WERE TO PASS, UH, THE APPLICANT COULD PETITION THE BOARD TO REVERSE. HOW DOES THIS WORK? MS. CARLO? I'VE NEVER, IF IT'S DENIED WITH PREJUDICE, THEY COULDN'T REFILE FOR TWO YEARS, FOR TWO YEARS TO GET THE WAIVER. BUT THERE IS SOME PROCESS WHEREBY EVEN THAT CAN BE REQUESTED IT ONE WAY OR THE OTHER. OKAY. THIS, HOWEVER, DOESN'T AFFECT THEIR ABILITY TO FILE THE CASE, CORRECT? THE ACTUAL APPLICATION? THAT IS CORRECT. IF THEY COULD PAY THE FILING FEE, THEY CAN FILE THE APPLICATION. YES. OKAY. THAT'S WHY I MADE THE MOTION, UH, MR FOR A SECOND. UH, YES. I WAS SWAYED BY MR. AGNES'S TESTIMONY THAT APPLICANT SHOULD HAVE SHOWED UP TO DEFEND THEIR REQUEST. MR. SACHI WITH, WITH PREJUDICE, ARE WE SAYING? I MEAN, WE, WE DON'T, I MEAN, I UNDERSTAND FOR ALL INTENTS AND PURPOSES, YOU SHOULD SHOW UP FOR THIS. YOU, BECAUSE YOU'RE ASKING REALLY? I, I, I GET THAT, BUT WE DON'T KNOW WHAT CIRCUMSTANCES THERE MAY BE WITH THIS PARTICULAR APPLICANT. SO I MEAN, I'M HESITANT TO, UM, GIVE TO, TO FORCE THEM INTO TWO YEARS BEFORE THEY CAN RESOLVE, UM, ISSUE THAT THEY'RE OBVIOUSLY, UH, HAVING. SO, UM, UH, UH, COULD WE RECONSIDER WHETHER WE ARE, UM, MOVING TO DENY WITH PREJUDICE OR WITHOUT, I THINK WE'RE GONNA CONSIDER IT, UH, RIGHT NOW. MR. MILLIKEN? YEAH. I HAVE TO SUPPORT THE, UH, DENIAL ON THE REQUEST ALSO BECAUSE THERE WAS, UH, NO APPLICANT PARTICIPATION TO SUPPORT THE REQUEST WITH, UM, SUPPORTING DOCUMENTATION. MR. SINGTON, I I THOUGHT BEFORE I MADE THE MOTION ABOUT WHAT SUBJECTIVELY TALKED ABOUT THIS IN THE PAST, I THINK THE DIFFERENCE HERE IS THAT AS OPPOSED TO AN APPLICANT NOT SHOWING UP HERE, WE HAVE AN APPLICANT WHO HAS REQUESTED RELIEF AND NOT SHOWN UP TO THE REQUEST FOR RELIEF. AND AT SOME POINT WE'RE OVER 18 FURTHER, THEY DIDN'T PROVIDE ANY, I MEAN, THE DOCUMENTATION MAYBE COULD HAVE CARRIED TRUE. UM, YOU'RE RIGHT. ALSO, UM, OR, YOU KNOW, MAYBE PICK UP THE PHONE OR SEND AN EMAIL TO STAFF AND SAY, I'VE, I'VE HAD THIS PARTICULAR CIRCUMSTANCE, SO I, I GET IT. I, I MEAN, I'S ANY ONE OF THOSE WOULD, I DON'T KNOW. I'M JUST FULL OF GRACE. THAT'S ALL. THAT'S ALL. BUT I, I HEAR YOU. OTHER COMMENTS, [00:15:02] MS. WILLIAMS? AYE, MR. TON? NO. AYE, I'M SORRY. YEAH. AYE, I, I WAS CONFUSED. THIS IS A MOTION TO, TO DENY WITH CREDIT. I, I, I I'M WITH THE MOTION, MR. MILLER. AYE. SORRY, MARY, I'M JUST TRYING TO MOVE MR. CHAIR. UH, AYE. THE MOTION PASSES FOUR TO ZERO. MOTION PASSES FOUR TO ZERO. YEAH, THE MOTION WAS AGNE SECONDED BY FINNEY. OKAY. UH, IS THERE A MOTION, UM, IF YOU ARE HERE ON THE CASE THAT IS ON THE UNCONTESTED DOCKET, THE, THE BOARD IS INCLINED TO, UH, APPROVE WHAT YOU'VE ASKED FOR. UH, IF YOU NO LONGER WANT WHAT YOU'VE ASKED FOR, PLEASE SAY SO NOW. OKAY. IS THERE A MOTION ON THE, UH, CONSENT DOCKET VICE A MR. ASHKIN A MOTION, SIR? I MOVE TO THE BOARD OF ADJUSTMENTS GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FOR MY EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THIS APPLICATION SATISFIES ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND IS CONSISTENT THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BOA 2 5 0 0 0 0 2 0 APPLICATION OF JENNIFER FOR A VARIANCE TO THE BUILDING HEIGHT REGULATION CONTAINED IN THE DALLAS DEVELOPMENT POLL IS GRANTED SUBJECT TO THE FOLLOWING CONDITION. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. THERE A SECOND. I ENTER FINNEY. SECOND. MR. FINNEY. SECOND S FINNEY. DISCUSSION MS. WILLIAMS? MR. SINGTON? AYE. MR. MILLIKEN AYE. MR. FINNEY? AYE. MR. VICE CHAIR AYE. MOTION TO GRANT PASSES? 4 2 0. OKAY. ALRIGHT. UH, NEXT CASE IS BO OA DASH TWO FIVE DASH 0 0 0 0 1 8 28 0 1 WYCLIFFE AVENUE. THIS IS A REQUEST FOR A VARIANCE TO THE OFF STREET PARKING REGULATIONS. IS THE APPLICANT HERE, UH, BEFORE MS. WILLIAMS IS GONNA SWEAR YOU IN IF AFTER BEFORE, AFTER YOU'RE SWORN IN, IF YOU'D STATE YOUR NAME AND ADDRESS BEFORE YOU, BEFORE YOU SPEAK? MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF GILMAN? I DO. PERFECT. PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED. UH, TRA WILSON LIVINGSTON II, UH, 27 34 SOUTH BOULEVARD. PLEASE PROCEED. YOU HAVE FIVE MINUTES. UM, MY NAME IS TRA WILSON LIVINGSTON II. I'M HERE TODAY REPRESENTING A SD UH, OUR LOW INCOME HOUSING TAX CREDIT DEVELOPMENT, UH, PARTNER. UM, WE ARE PROVIDING A 48 UNIT PERMANENT SUPPORTIVE HOUSING, UH, PROJECT AT 28 0 1 WYCLIFFE AVENUE. WE'RE REQUESTING A PARKING VARIANCE AND WOULD LIKE TO BRIEFLY EXPLAIN WHY IT IS NOT REASONABLE. IT'S NOT ONLY NOT REASONABLE, BUT ESSENTIAL FOR THE SUCCESS OF THE PROJECT AND THE COMMUNITY. WE WILL SERVE PERMANENT SUPPORTIVE HOUSING DE DEVELOPMENTS, UM, BY DEFINITION ARE DESIGNED FOR INDIVIDUALS WHO'VE EXPERIENCED CHRONIC HOMELESSNESS, UH, OR AT RISK OF IT. THESE NEIGHBORS THAT WE SERVE, UH, HAVE VERY LOW RATES OF, UH, VEHICLE OWNERSHIP AND NORMALLY, UM, UTILIZE PUBLIC TRANSPORTATION, UH, OR WALKING, BIKING, UH, AS A MAIN SOURCE. OUR SITE IS WELL SERVED BY THE DARK DART LINE. THAT'S WHY PART OF WHY WE CHOSE THAT LOCATION IS BECAUSE IT'S PROXIMITY TO RESOURCES. UM, IT WAS INTENTIONAL THAT, UH, IT'D BE NEAR A BUS LINE NEAR THE GROCERY STORE, ALL OF WHICH ARE ON THAT WHITE WEB LOCATION. UM, WE'VE ALSO CONSIDERED THE, THE REST, THE NEIGHBORS THAT WE, THAT WE'RE PLANNING TO SERVE. UM, AND THE DEVELOPMENT WILL HAVE SIGNAGE COMMUNICATION AS WELL AS VISITOR PARKING, UM, AND ACCESS TO PUBLIC OPTIONS. UM, [00:20:01] THE C THE CITY'S FLEXIBILITY WITH THE ORDINANCE WE ARE VERY APPRECIATIVE OF. I ALSO HEARD THIS MORNING'S, UH, HEARING ABOUT THE EIGHT UNITS OF, OF PARKING SPACES THAT WE ARE KIND OF ASKING FOR THAT VARIANCE FOR. UM, THIS IS A MULTI MULTIFAMILY HOUSING, BUT IT'S FOR A SUBSET SPECIFIC POPULATION. UM, AND IT IS, UH, AGAIN, THE UTILIZATION OF PARKING IS VERY MINIMAL, UH, BY OUR NEIGHBORS. SO, LOOK, WE'RE LOOKING FOR THE DEVELOPMENT FOR THE VARIANCE BECAUSE WE BELIEVE THAT THIS PROJECT WILL ALLOW MORE, UH, BE IN LINE WITHIN THE CITY'S INITIATIVE TO APPROVE DALLAS' HOUSING AFFORDABILITY, ACCESS TO AFFORDABLE HOUSING AND THEIR ENVIRONMENTAL RESPONSIBILITIES. UM, SO I RESPECTFULLY ASK FOR YOUR SUPPORT IN GRANTING THIS VARIANCE. AND CAN, UM, AND YOU, BRIAN, ANY QUESTIONS? THANK YOU. UM, IS THERE A SUBSECTION FOR THE USE? I, I THINK YOU, YOU SAID THAT YOU, YOU SEEK A, A, A USE IN THE SUBSECTION OF MULTIFAMILY IN THE BRIEFING, WE WERE TOLD THERE IS NO SUCH THING. CHAIR AGNI, THIS IS PHILLIP KINGSTON. I'M ACTUALLY THE REPRESENTATIVE FOR THE OWNER. WILL YOU BE SWORN IN? HAPPY TO. THANK YOU. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED. PHILLIP. PHILLIP KINGSTON. 5 9 0 1 PALO PENTO. UM, Y'ALL, LET ME TELL YOU WHAT THE ASK IS AND THEN I CAN TELL YOU, UH, A LITTLE BIT ABOUT THE PROJECT 'CAUSE WE'RE EXCITED ABOUT IT. THE DIRECT ANSWER TO CHAIR AGNIS QUESTION IS THAT THERE IS NO DALLAS ZONING CODE, UM, CATEGORY FOR PERMANENT SUPPORTIVE HOUSING. BUT YOU DON'T HAVE TO WORRY ABOUT THAT BECAUSE THE TAX CREDITS THAT SUPPORT THIS PROJECT COME WITH A 40 YEAR DEEP AFFORDABILITY REQUIREMENT THAT IT, THAT RUNS WITH THE LAND. SO EVEN IF THE PROPERTY IS ALIENATED, IT'S NOT GONNA BE USED FOR ANYTHING DIFFERENT. IT'S ALSO WORTH REMEMBERING THAT IF THIS WERE, UM, JUST TO THE WEST OF THE TOLL ROAD, UM, IT, WE WOULD NOT NEED A VARIANCE AT ALL BECAUSE THIS WOULD QUALIFY FOR THE CITY'S MIXED INCOME HOUSING DEVELOPMENT BONUSES, AND WE WOULD BE PARKED AT HALF A SPACE PER UNIT. UM, BUT WHAT WE'VE ALSO DONE IS, UM, TWELL HAS BEEN KIND ENOUGH. HE OPERATES, UH, HUNDREDS OF UNITS OF SUPPORTIVE HOUSING THROUGHOUT THE CITY. SO LISTENING TO MR. UH, NAVARRO'S COMMENTS, WE WENT AND DID THE STUDY THAT WAS REQUESTED. IT WAS, YOU KNOW, BECAUSE OF THE WAY THE SCHEDULE WORKS, IT WAS REQUESTED AFTER THE DEADLINE FOR SUBMISSION. SO, BUT WE THINK THAT WE'RE GONNA MAX OUT AT MAYBE 20 SPACES, UH, AT THIS LOCATION. UM, THE OTHER POINT ABOUT THE, UH, CUL-DE-SAC, UH, TO THE EAST OF THE BUILDING IS, UH, IS VERY VALID. BUT I'VE BEEN OVER THERE MULTIPLE TIMES A DAY, AND WHILE THERE'S STREET PARKING ON THE ACTUAL STREET, I'VE NEVER SEEN ANYBODY PARKED IN THE, IN THE CUL-DE-SAC. AND WE DON'T THINK OUR, OUR USERS WILL DO THAT. UM, A LITTLE BIT ABOUT THE PROJECT. UM, WE DON'T WANNA MAKE ANY CHANGES. THIS IS A HISTORIC STRUCTURE. IT HAS 50 SPACES. FRANKLY, IF WE WERE TO CHALLENGE THIS IN A COURT, IT PROBABLY HAS LEGAL NON-CONFORMING RIGHTS TO CONTINUE WITH 50 SPACES. ALSO, IF IT WERE OUTSIDE OF PD 1 93, SENATE BILL EIGHT 40 WOULD MAKE ALL EXISTING PARKING LEGAL WITHOUT ANY VARIANCE REQUIRED. HERE YOU CAN SEE THE LAYOUT, THE PROPERTY A LITTLE FUNNY SHAPED BECAUSE OF THE, UH, TOLL ROAD. UM, UH, NORTH IS NOT UP IN THIS. JUST SO YOU'RE ORIENTED A LITTLE BIT BETTER. UM, HERE'S THE, WHAT WE THINK IT'S GONNA LOOK LIKE. UM, THAT DOESN'T CHANGE THE CURRENT EXISTING, UH, APPEARANCE OF THE BUILDING OTHER THAN WE'RE GONNA SPRUCE IT UP. THIS BUILDING STARTED LIFE AS THE BRAND OF STEWARDESS DORM. UM, THIS IS WHAT IS FONDLY KNOWN AS THE PASSION PIT, WHICH WILL BE PRESERVED, UH, FOR THE USE OF OUR RESIDENTS. BUT WE'RE GONNA BE PUTTING SLIGHTLY DIFFERENT TENANTS IN THERE. THE, UH, THE CLIENTS OF AID SERVICES OF DALLAS ARE, UM, A VIBRANT GROUP. UM, BECAUSE OF THE IMPROVEMENTS IN HEALTHCARE, NOT ALL THE CLIENTS HAVE AIDS OR HIV. SO A SD IS SERVING A BROADER VARIETY OF PEOPLE WHO NEED PERMANENT SUPPORTIVE HOUSING. UM, WE HAVE A HUGE AMOUNT OF COMMUNITY SUPPORT. YOU'VE SEEN THE OAKLAWN COMMITTEE [00:25:01] WEIGHED IN. WE, WE AREN'T REQUIRED TO EVEN ASK THEM, BUT WE, IT'S FOOLISH TO TRY TO, TO DO ANYTHING IN PD 1 93 WITHOUT ALERTING THEM. AND THEY SENT THAT VERY NICE LETTER, WHICH YOU ALL HAVE. THE CITY COUNCIL'S VOTED TWICE TO SUPPORT THIS PROJECT, AND YOUR STAFF RECOMMENDS APPROVAL. UM, THERE'S JUST NO WAY TO ARGUE THAT THIS IS ANYTHING OTHER THAN GOOD FOR THE COMMUNITY. UM, SO IT, IT'S GONNA MEET YOUR LEGAL STANDARD AS WELL. AND I'M HAPPY TO ANSWER ANY QUESTIONS. UH, MR. KINGSTON, WHY DON'T WE START WITH THE EASIEST THING? I I BELIEVE TO, TO MS. CARLIN PLAN EIGHT 40 IS NOT YET IN, IN, UH, EFFECT, BUT I BELIEVE DOES IT CARVE OUT PDS? DOES IT CARVE OUT WHAT CHAIR AG YOU'RE, YOU'RE BREAKING UP A LITTLE BIT. WELL, UH, UH, I'LL TRY IT. I JUST DIDN'T CATCH WHAT YOU'RE ASKING TO CARVE OUT. IS IT YOUR OPINION THAT THAT SENATE BILL EIGHT 40 WOULD NOT APPLY TO THIS PROJECT? UM, SENATE BILL EIGHT 40? IT DOES APPLY TO THIS PROJECT, BUT THIS PROJECT IS NOT A CONVERSION AS THAT TERM IS DEFINED BY SENATE BILL EIGHT 40. AND THE CONVERSION IS WHAT TRIGGERS THE LOCKDOWN ON PARKING ON NEW PERMITTING SUCH AS THIS, THE CITY AND THE BOARD ARE REQUIRED TO WEIGH IN ON THE PARKING. SO IT'S, IT'S DEFINITELY PROPERLY BEFORE YOU TODAY. OKAY. WELL, NO, THE, THE LAW HAS NOT EVEN TAKEN, UH, EFFECT. I WAS JUST THINKING THE LAW WOULD GRANT YOU A LOT MORE THAN WE DID. UM, OKAY. UH, IF YOU'VE GOT A CHALLENGE BEFORE A COURT, ARE YOU PURSUING THAT? NO. THAT, THAT'S A HYPOTHETICAL CHAIR. AGNI. I I WAS SAYING THAT THE, WE COULD ARGUE THAT THIS PROPERTY WAS BUILT BEFORE PD ONE 90 THREE'S PARKING REQUIREMENTS WENT INTO EFFECT, UM, AND HAS BEEN UTILIZED FOR MULTIFAMILY EVER SINCE. NOW THE, THE COUNTER ARGUMENT IS IT'S BEEN ABANDONED FOR 20 YEARS, SO THAT'S KIND OF DIFFICULT. AND ALSO, TWO DIFFERENT DEVELOPERS HAVE TRIED TO DEVELOP IT UNDER THE PD SUBDISTRICT THAT YOU ALL SEE. IT'S JUST A, A QUIRK OF PRACTICING LAW THIS LONG BETWEEN MY WIFE AND I, WE'VE REPRESENTED THIS BUILDING FOR 20 YEARS. IT'S GOOD TO FINALLY HAVE IT COME TO SOME, SOME SORT OF GOOD USE. ARE YOU ABLE TO SUBMIT THE PARKING STUDY THAT YOU DID? UH, YES, OF COURSE. I THINK THAT WOULD PROBABLY UP TO, IF ANYBODY WANTS TO ASK QUESTIONS ABOUT IT. WELL, I HAVEN'T SEEN IT. I I DON'T, WE HAVEN'T SEEN IT. IF YOU'VE SUBMITTED IT, WE, WE HAVEN'T RECEIVED IT. IT WAS, IT WAS ON THE SLIDE CHAIR AGNI IT, IT WAS REQUESTED AFTER THE, UH, UM, PARDON ME. AFTER THE DEADLINE. SO HERE'S THE, HERE'S THE STUDY. THESE ARE TWO OTHER PROPERTIES, UH, OPERATED BY A SD ONE IS A 201 UNIT PROPERTY. THE OTHER ONE'S A 119 UNIT PROPERTY, MUCH LARGER THAN, THAN OUR 48 PROPOSED UNITS. AND AS YOU CAN SEE, PEAK USE AT THE MOST USED, UM, FACILITY IS LESS THAN, UM, UH, IS LESS THAN 50% OF THE UNITS. SO WE, WE THINK THAT WE'RE GONNA WIND UP NEEDING NO MORE THAN 20 SPACES. UM, MR. UH, I JUST HAVE ONE. SORRY TO INTERRUPT. NO, MR. SASH. UM, AM I HEARING CORRECTLY THAT WE ARE, WE'RE SEEING INFORMATION THAT THIS IS THE FIRST TIME THAT IT'S BEEN SHARED WITH STAFF OR WITH, WITH THE, WITH THE PUBLIC. AND I JUST WANNA BE SURE THAT WE ARE, WE'RE, WE'RE IN COMPLIANCE. IS IT OKAY THAT THIS IS THE FIRST TIME THAT THIS INFORMATION BEEN PRESENTED OR SUBMITTED? I THINK THE ANSWER TO YOUR FIRST QUESTION IS YES. IT'S THE FIRST TIME IT'S SHARED, AND THE SECOND IS, UH, IT'S CERTAINLY LEGAL, BUT IT DOESN'T PRECLUDE US, I BELIEVE, FROM CONSIDERING THAT. AND, AND, AND, UH, THE APPLICANT DOES INTEND TO, OR MAYBE ALREADY HAS SUBMITTED THIS, ALTHOUGH IT'S AFTER THE, THE SUBMITTAL DEADLINE, AS PART OF THEIR PRESENTATION, THEY ARE ALLOWED TO PRESENT NEW EVIDENCE AS FAR AS SUBMITTING THE ACTUAL REPORT. THEY COULD, THEY COULD PROVIDE THAT TO MS. WILLIAMS AND DISTRIBUTE IT TO THE BOARD MEMBERS TODAY. I DON'T KNOW IF THAT'S BEEN DONE, BUT YES, THEY CAN PRESENT IF THERE MORE EVIDENCE IF THERE FOR, OKAY. SO I WANNA PURSUE, BUT I WANT TO GO AHEAD AND FINISH. NO, I'D JUST, I'D JUST LIKE FOR THIS TO BE FORMALLY AND, YOU KNOW, IN THE, ON THE RECORD. [00:30:01] SO THAT'S ALL. SO THESE ARE TWO PROJECTS. ARE THEY ANYWHERE NEAR THIS PROJECT? NO, THEY'RE NOT LOCATED CLOSE TO THIS PROJECT. THEY SIMPLY SERVE THE SAME COMMUNITY OF CLIENTS OF AID SERVICES OF DALLAS. SO IT GIVES US HIGH CONFIDENCE OF THE PARKING THAT WE'RE GONNA NEED TO OPERATE THE FACILITY. HOW MANY EMPLOYEES WOULD OPERATE IN THIS FACILITY? WELL, YOU WANNA HANDLE THAT ONE. SO WE ANTICIPATE FIVE TO 10 EMPLOYEES, UH, DEPENDING ON, UH, SOME OF THE CARE MANAGEMENT THAT'S DONE ON SITE, BUT NOT JUST CON UM, PRIORITIZE TO THOSE RESIDENTS. SOME OF THOSE CARE STAFF WILL ALSO GO TO OTHER PROPERTIES THROUGHOUT THE DAY. SO THAT'S WHY THERE'S A FLUCTUATION, I'M TRYING TO REMEMBER FROM THE, HERE. I, I BELIEVE THEY'RE 50 UNITS, 48. AND, UH, THOSE 48 UNITS ARE MEANT TO SERVE HOW MANY PEOPLE? 48. SO ONE PER ONE PER ONE PER UNIT. YES. WE'RE NOT TALKING LIKE ONE UNIT. SINGLE, YES. SINGLE. YES. UM, THIS MAY BE FOR MR. KINGSTON. WALK ME THROUGH THE TAX CREDIT AND JUST 'CAUSE I, I KNOW NOTHING ABOUT IT. HOW DOES THAT GIVE THE BOARD ESSENTIALLY A GUARANTEE OF MISUSE IN ORDER TO GET THE TAX CREDITS? THESE ARE ADMINISTERED BY T-D-H-C-A STATE AGENCY. THEY'RE PASSED THROUGH DOLLARS FROM HUD. AND IN ORDER TO GET THE CREDIT, YOU HAVE TO, UM, DERESTRICT THE BUILDING TO AFFORDABILITY FOR 40 YEARS. HAS THAT HAPPENED? YES. IT'S, WELL, LET ME PUT IT THIS WAY. IT'S IN THE CLOSING PACKET. AND, UH, CLOSING IS, IS CURRENTLY WORKING ITS WAY THROUGH. UM, WHAT, UH, YOU, YOU SUBMITTED THE, THE, UH, ARTICLES, ARTICLES OF INCORPORATION, UH, THE, THE ENTITY INFORMATION. WHAT, UH, WHAT WERE YOU SHOWING THERE? YEAH, THAT'S THE CURRENT OWNERSHIP OF THE PROPERTY. IT IS CURRENTLY BEING PURCHASED BY A SD, UM, FOR ITS USE. SYCAMORE STRATEGIES IS DEVELOPING IT AS A FEE DEVELOPER, AND THEN IT WILL BECOME PROPERTY OF AID SERVICES OF DALLAS. IT'S ONE FEATURE OF THE HOOD PROGRAM THAT WE'RE TAKING ADVANTAGE OF. ARE YOU DOING TO DISCLOSE THAT YOU'RE, YOU'RE A CURRENT OWNER? IS THAT LIKE I'M, I'M JUST TRYING TO FIGURE OUT WHY, WHAT DO I NEED? WHAT TO KNOW FROM, FROM THIS, FROM THESE AGREEMENTS? OH, UM, YOU, THE OWNERSHIP INFORMATION WAS PROVIDED TO PROVE THAT MURDA MOTI, WHO SIGNED THE APPLICATION, HAS AUTHORITY TO ACT FOR THE LLC THAT OWNS THE PROPERTY. THAT'S, THAT'S THE ONLY REASON IT'S IN YOUR PACKET. USUALLY WE TAKE, UH, AN AFFIDAVIT AS WORD BUT OPEN. I, I WASN'T SURE WHY THOSE STAFF NEVER DOES WHEN THE OWNERS IS A, IS A CORPORATION . WELL, OKAY. UM, ARE THERE OTHER QUESTIONS? UH, THE DEED RESTRICTION, HOW DO WE, I DIDN'T EVEN, THAT'S THE QUESTION YOU'RE SAYING NO, DOES IT, SO I, I THINK MR. KING'S BEEN SAYING, IF I HAD TO GUESS, IT'S SAYING THIS WILL CLOSE IF APPROVAL HERE IS GRANTED AND THEY DON'T WANT DEED RESTRICT, AND UNTIL THAT HAPPENS, WHICH IS RATIONAL, IS THAT TRUE? I, NOT E NOT EXACTLY, UH, CHAIR AGNI. THE, UH, THE, THE, THE CLOSING'S GOING TO HAPPEN REGARDLESS. UM, OBVIOUSLY THE VARIANCE WOULD BE EXTREMELY HELPFUL TO OUR, OUR ULTIMATE DEVELOPMENT OF THE PROPERTY. BUT, UM, THAT, THAT CLOSING IS GOING FORWARD REGARDLESS. I ASK THAT. I HAVE A SENSE THAT, THAT, THAT USE IS IMPORTANT TO, TO THE MEMBERS. MR. SINGTON, UM, CHAIR, I MEAN, I, I TAKE, UM, MR. KINGS WORD ABOUT THE USE, I MEAN, IT MAKES SENSE. I MEAN, I, I, I ACTUALLY DON'T HAVE ANY ADDITIONS TO THE, UM, [00:35:02] TO THE DEVELOPMENT OF THIS PROPERTY. UM, SO NO, I THINK WE'RE, IF THE, UM, ALRIGHT. HYPOTHETICALLY, THE, THESE TAX CREDITS ARE PAID, IF SOMEBODY WERE TO CEASE THE USE, THAT'D TO PAY THE CREDITS BACK. HOW DOES THAT WORK? UH, T-D-H-C-A WOULD ACTUALLY, UM, TAKE THE PROPERTY. SO THE USE WOULDN'T, I MEAN, SO IF, IF THE PROPERTY DISCONTINUED THE USE THAT IT IS BEING CONSIDERED FOR TODAY, THEN I'M SURE THAT THERE WILL BE CERTAIN THINGS THAT WOULD FALL BACK AND, UM, THAT WOULD BE LOST AS A RESULT OF THAT. SO, UM, AND THE, THE USE FROM THEIR STANDPOINT IS LOW INCOME HOUSING. RIGHT? IS THAT TRUE? THAT'S WHAT I HEARD HIM SAY. I JUST, I'M ASKING TO BE SURE IT'S 100% PERMANENT SUPPORTIVE HOUSING, WHICH IS THE, A DEEPLY AFFORDABLE, KIND OF AFFORDABLE HOUSING. AND THAT'S A DEFINED TERM SOMEWHERE THAT'S NOT IN THE CITY. YES. THAT'S, THAT'S A FEDERALLY DEFINED TERM, AND THE CITY HAS ADOPTED THAT DEFINITION AS WELL. OKAY. ARE THERE OTHER QUESTIONS? UH, IS THERE ANYTHING ELSE YOU GUYS WOULD LIKE TO SAY? WE'VE GOT A LITTLE TIME LEFT. NO, APPLICANT HAS TIME. THERE'D BEEN ON OUR TIME WHEN WE'RE ASKING QUESTIONS, I WOULD JUST ASK, JUST LIKE I SAID, MR. KINGSON OFFERED, I THINK WE HAVE VERY SUCCESSFUL, UH, REDEVELOPED PROPERTIES, UM, RIGHT HERE IN DALLAS THAT WE'VE DONE AND OP BEEN OPERATING FOR OVER 38 YEARS. UM, AND SOME WERE IN THIS KIND OF ADDITION AND WE'VE NOT HAD THIS PROBLEM WITH PARK THAT'S HAD A LOT OF PROBLEMS WITH THINGS THAT WE NEED TO MAINTAIN OR TO RENOVATE AFTER OWNING BUILDINGS THAT ARE OVER. BUT AS FAR AS THE NEIGHBORS THAT NEED THESE SPACES. THANK YOU. ARE THERE OTHER SWELLS ORGANIZATION HAS ALSO BEEN A CONTRACT PARTNER FOR THE CITY'S COMMUNITY DEVELOPMENT FUNDING? UM, WE, WE'VE BEEN THIS, THEY'VE BEEN A, A GREAT PARTNER FOR A LONG TIME. IF YOU, IF YOU WERE TO CHECK IN WITH THE, THE COMMUNITY DEVELOPMENT COMMISSION AS FAR AS COMPLIANCE GOES, IF THAT'S, YOU KNOW, THAT'S KIND OF WHERE HE IS GOING. YEAH. WE'RE A COMPLIANT PARTNER WITH THE CITY OF DALLAS. WE'RE A HOPWOOD PARTNER, UM, THAT WE RECEIVED PARTNER GRANTS AND HAVE, HAVE BEEN SO FOR OVER 20 YEARS WITH THE CITY. SO WE'VE MAINTAINED COMPLIANCE WITH THE CITY, ALL OF THOSE, ALL OF THAT TIME WITH FEDERAL FUNDING AS WELL AS STATE FUNDING. AND WE'VE BEEN A GOOD, UH, A GOOD, A GOOD PARTNER TO THE CITY. I, THIS IS WHAT IT'S SAYING. UH, BUT MORE IMPORTANTLY, OUR MISSION IS TO PROVIDE AFFORDABLE HOUSING. AND WE'VE BEEN ABLE TO, TO DO THAT. WE'VE CHANGED OUR NAME FROM AID SERVICES OF DALLAS BECAUSE WE'VE EXPANDED TO MEET THE NEED BASED ON THE COMMUNITY'S DEMAND FOR AFFORDABLE HOUSING. WE'VE EXPANDED OUR MISSION TO INCLUDE, THOSE ARE AT RISK FOR HIV. SO THAT'S WHY THIS DEVELOPMENT IS SO IMPORTANT IN THAT COMMUNITY BECAUSE IT'S, IT'S OUR SECOND DEVELOPMENT THAT WILL BE INCLUSIVE. PEOPLE THAT ARE NOT POSITIVE AS WELL AS POSSIBLE. IT'S JUST AFFORDABLE. OKAY. THANK YOU. ARE THERE SPEAKERS IN OPPOSITION? NOT AWARE OF IT. OKAY. I'M SORRY. I GUESS I HAVE A QUESTION. MAYBE I MISSED IT IN THE BRIEFING. THIS WAS PULLED FROM CONSENT YES. BY MR. FINN. ENOUGH. OKAY. SO THERE WERE QUESTIONS ABOUT PARKING STUFF? YES. OKAY. I'M SORRY. I MEAN, I, I, I MISSED IT. I, I APOLOGIZE. I WASN'T HERE, SO I COULDN'T HEAR VERY WELL. BUT THANK YOU MR. FINNEY. DO YOU HAVE QUESTIONS I'VE ASKED FOR? THANK YOU. UM, MS. WILLIAMS? NO, I'M SORRY. TRYING TO MOVE VERY FAST, BUT I'M MISSING IT. SORRY. UM, IS THERE A MOTION I'D LIKE TO MAKE A MOTION? MR. I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BOA 2 5 0 0 0 1 8 ON APPLICATION OF MURDA MOTI REPRESENTED BY PHILIP KINGSTON, GRANT, THE EIGHT SPACE VARIANCE TO THE PARKING REGULATIONS REQUESTED BY THIS APPLICANT. 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD 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. NOTE IF A MOTION TO GRANT ALL OR [00:40:01] APPORTIONMENT APPLICANT'S REQUESTS, OH, THAT'S NOT, I DON'T SAY, DO I SECOND. OKAY. MR. FINNEY SECONDED BY MR. STENTON. MR. FINNEY, IT'S YOUR MOTION. YEAH, I THINK FOR ME PERSONALLY, THE, THE MAIN THING WAS THE CONDITION OF THE TAX CREDITS ON THE 40 YEAR, UM, UM, THE 40 YEAR, UM, DEEPLY AFFORDABLE COMMITMENT. THAT WAS THE, THE THING THAT I WAS CONCERNED ABOUT THE MOST. SO THAT'S, THAT'S WHAT SOLD ME ON THIS. IN YOUR MOTION, DID YOU, DID YOU MAKE IT CONTINGENT? DID YOU JUST READ IT? I JUST, OKAY. THERE'S NO REASON TO. THERE'S NO REASON TO BECAUSE THE, BECAUSE THE TAX CREDITS ARE TIED TO THEIR 40 YEAR, UM, COMMITMENT, WHATEVER THAT'S CALLED LEGALLY. UM, THAT THERE'S NO NEED FOR THAT. I, I THINK, UM, EVEN IF, IF THEY COULD, A, A BAIT AND SWITCH WOULD PROBABLY BE CATASTROPHIC FOR THE RELATIONSHIP OF THE CITY. SO I I'M COMFORTABLE WITH THAT. TAKE THEM AT THEIR WORD, MR. SASHING. YEAH, I THINK IT'S A NEEDED PROJECT. UM, UM, YOU KNOW, FOR A COMMUNITY THAT, UH, IS OFTEN NOT CONSIDERED. UH, SO YEAH, I'M VERY MUCH SUPPORTIVE OF, OF THE MOTION. MR. MILLIKEN. YEAH, I'M GONNA SUPPORT IT AS WELL, BECAUSE I THINK IT'S WORKING TOWARD THE, UH, CITY'S INITIATIVE TO ALSO PROVIDE AFFORDABLE HOUSING. UM, ALSO BECAUSE OF THE FACT THAT A LOT OF THE POSSIBLE, UM, PEOPLE THAT WILL BE LIVING THERE WOULD BE THOSE THAT WOULD NOT HAVE TRANSPORTATION THAT WOULD RELY ON PUB PUBLIC TRANSPORTATION. THEREFORE, THERE WOULD BE A REDUCED NEED FOR PARKING SPACES. UM, SO I WILL SUPPORT THE MOTION. I'M, I'M COMFORTABLE THAT THE USE WE'RE TALKING ABOUT WILL BE THE USE AND, YOU KNOW, WHETHER IT'S EIGHT SPACES OR, OR WHATEVER THE NUMBER IS, IT'S, IT'S CERTAINLY REDUCED FROM A, A, UH, MULTIFAMILY, ESPECIALLY IF 48 UNITS EQUALS 48 PEOPLE, UM, UH, THAT'S, YOU CAN DO THAT MATH. I MEAN, LET'S SAY 10 EMPLOYEES. UH, UM, I ALSO, IT MATTERS THAT THE OAK LAWN COMMITTEE IS FOR IT. UH, THIS TECHNICALLY SHOULDN'T BE PART OF THE STANDARD, BUT I VALUE THE, THE PURPOSE OF THE PROJECT. UM, UH, AND I DON'T, I DON'T SEE A REASON. UH, I DO WISH THAT THE ASK FOR A PARKING STUDY AT SOME POINT HAD, HAD BEEN, UH, DONE, EVEN IF IT WAS AFTER THE ASK. SO WE COULD'VE READ IT WOULD'VE MATTERED IN OTHER CIRCUMSTANCES. BUT THIS ONE IS, THIS ONE'S PRETTY CLEAR TO ME, SO I'LL GO FOR IT. MS. WILLIAMS? MR. S AYE. MR. FINNEY? AYE. MR. MILLIKEN? AYE. MR. VICE CHAIR AYE. MOTION, BRIAN PASSES 4 2 0. CONGRATULATIONS AND GOOD LUCK. THANKS MUCH. THANK YOU. UM, OKAY. OUR NEXT CASE IS BO OA 25 DASH 0 0 1 9 19 34 ELMWOOD BOULEVARD, APPLICATION OF AUDRA BUCKLEY. FOR A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS, PLEASE BE SWORN IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. ROGER BUCKLEY. 1414 BELLEVUE STREET, SUITE ONE 50, DALLAS, TEXAS 7 5 2 1 5. HERE REPRESENTING THE PROPERTY OWNER, I DO HAVE A SHORT PRESENTATION. ALRIGHT, CAN WE GO TO THE NEXT SLIDE LATER? I WAS LISTENING TO THE BRIEFING THIS MORNING AND THERE WERE A COUPLE OF QUESTIONS THAT CAME UP. THIS IS GOING TO BE A LONG-TERM RENTAL. THIS IS NOT AN STR, THIS IS ACTUALLY AN A DU AND THE PART OF THE CODE THAT REFERS TO THAT, UH, SAYS THAT THE STRUCTURE'S GOTTA BE OWNER OCCUPIED. ONE OF THE STRUCTURES HAS TO BE OWNER OCCUPIED. AND THAT WAS THE INTENT OF THE PURCHASE OF THIS PROPERTY IN THIS PARTICULAR NEIGHBORHOOD. THIS [00:45:01] PROPERTY WAS ALSO PART OF THE WEST OAK CLIFF AREA PLAN THAT WAS JUST RECENTLY PASSED. AND THE PROPERTY ACTUALLY LIES IN THE HAMPTON, THE HAMPTON STATION NODULE, WHICH TALKS ABOUT HAVING AUS AS MISSING MIDDLE TO HELP FACILITATE A MORE AFFORDABLE APPROACH TO HOME PURCHASES, ET CETERA. AND WE GO TO THE NEXT ONE. OKAY. SO HERE, HERE IS THE LANGUAGE FROM, UM, THAT PARTICULAR AREA PLAN WHERE WE ACTUALLY COMPLIED WITH THE VISION FOR THE MIDDLE HOUSING TYPE, INCLUDING THE ADUS, DUPLEXES, TRIPLEXES, OTT, SINGLE FAMILY, ET CETERA. UM, THIS IS, WE WOULDN'T HAVE BROUGHT THIS FORWARD IF WE DIDN'T COMPLY WITH THIS AREA PLAN. AND AS A MATTER OF FACT, THE OWNER ALSO SPOKE TO PAUL, PAUL CARDAN, WHO WAS, UH, ONE OF THE MEMBERS OF THE STEERING COMMITTEE THAT IS PART OF THIS PROCESS. NEXT SLIDE. AND THIS IS AN AERIAL OF WHERE THIS IS LOCATED. AS YOU CAN SEE, THERE ARE A LOT OF OTHER ACCESSORY STRUCTURES IN THIS AREA. NOW, WE DID TRY TO FIGURE OUT HOW MANY OF THESE MAY HAVE BEEN ADUS OR HAVEN'T BEEN ANY RECENT BOARD CASES THROUGH HERE. SO THERE COULD BE SOME THAT ARE GRANDFATHERED OR CONSIDERED LEGAL NON-CONFORMING BECAUSE THAT THERE WAS A REASON WHY THIS PARTICULAR AREA WAS CHOSEN TO ALLOW THE A DDUS IN THE AREA PLAN. WOULDN'T THEY HAVE BEEN REGISTERED WITH THE CITY'S PROGRAM? UH, IT DEPENDS IF THE A DU IS JUST A MOTHER-IN-LAW SUITE OR THEY HAVE A KID LIVING IN IT AND THEY DON'T HAVE TO REGISTER IT. IF THEY'RE RENTING IT, THEY DO. SO IN THIS CASE, THE, THE PROPERTY OWNER INTENDS TO RENT, JUST PUT THE CARDS ON THE TABLE AND, YOU KNOW, TO HELP FACILITATE THE AFFORDABILITY OF THE MAIN STRUCTURE. OKAY. UH, I NOTICED THAT YOU DID HAVE TWO LETTERS OF OPPOSITION COME IN. I READ THOSE. THEY CAME IN THIS MORNING, SO AS A FRIDAY I'M LIKE, OH, WE DON'T HAVE ANY. SO I READ THE TWO LETTERS. ONE OF THEM IS ABOUT ALLEY ACCESS. BY HAVING THIS A DU BACK HERE AND THE PARKING ASSOCIATED WITH IT, THEY ARE GONNA HAVE TO CLEAN UP AND DO SOME IMPROVEMENT TO THAT ALLEY. SO RIGHT NOW IT'S A GARAGE. THEY WOULD BE ALLOWED TO USE THE ALLEY TO COME INTO THAT GARAGE. SO I DON'T REALLY SEE A LOT OF DIFFERENCE THERE. BUT I DID NOTICE IN THE LETTERS, THE VERY LAST LINES THAT IF IT WERE APPROVED, THEY WANTED TO REQUIRE OWNER OCCUPATION OF THE MAIN STRUCTURE AND NO ST WHICH IS EXACTLY WHAT WE'RE PROPOSING. SO WE ACTUALLY MEET THOSE CRITERIA. SO IF YOU HAVE QUESTIONS ABOUT ALL OF THAT, THE PROPERTY OWNER IS HERE. SHE'S A LITTLE SHY, SHE'S A LITTLE NERVOUS TO TALK . SO IF YOU DO HAVE QUESTIONS, I'M GONNA TRY TO ANSWER 'EM ALL SO SHE DOESN'T HAVE TO GET UP HERE AND SPEAK. SO WITH THAT, YOU HAVE QUESTIONS TO BE, I COULD ANSWER MR. MILL AND MR. PENN. MS. BUCKLEY, UM, ONE OF THE CONCERNS FROM ONE OF THE, THROUGH ONE OF THE LETTERS WAS ACCESSED THROUGH THE ALLEY. SO DO YOU KNOW IF THE, AND THIS IS OBVIOUSLY ONE OF THE THINGS THAT POSSIBLY IS GOING TO BE CHANGING IN THE NEAR FUTURE AS FAR AS TRASH PICKUP THROUGH THE ALLEYS. DO WE KNOW IF THE TRASH IS CURRENTLY PICKED UP IN THE ALLEY IN THAT, FOR THIS ADDRESS? NO, I THINK IT'S PICKED UP ON ELWOOD. OH, IT'S PICKED UP IN THE FRONT? IN THE FRONT. OKAY. THANK YOU. UH, MR. IAN, UM, MS. BUCKLEY, SO CLEARLY YOU HAVEN'T HAD TIME TO REACH OUT TO THE NEIGHBORS THAT ARE OPPOSED. SINCE YOU JUST FOUND OUT THIS MORNING, DID YOU MAKE ANY EFFORTS TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION? DID? YES. OKAY. AND WHAT WAS THEIR RESPONSE? NOTHING. NOTHING. I GOT NOTHING BACK. OH, OKAY. OKAY. ALRIGHT. UM, OKAY. YEAH. SEE, ONE OF THE THINGS THAT WE LOOK FOR THE MOST IN SITUATIONS LIKE THIS ON CASES LIKE THIS IS, YOU KNOW, UM, THAT YOU'VE MADE EFFORTS TO, UH, TO, TO TALK TO NEIGHBORS, UM, AND THAT YOU'VE RECEIVED SOME SUPPORT OR AT LEAST SOME LEVEL OF CONSENSUS IN WHAT THEY WOULD ON EXPECTATIONS, YOU KNOW? MM-HMM . UM, SO, UM, YEAH, SO IT WOULD MAKE ME FEEL BETTER IF YOU HAD, UM, IF YOU HAD, UM, ACTUAL CONVERSATIONS WITH PEOPLE. OBVIOUSLY YOU MADE AN EFFORT AND RECEIVED NOTHING BACK. UM, BUT I'M STILL A LITTLE HESITANT WITHOUT ACTUAL INTERACTION, YOU KNOW, WITHOUT FEEDBACK. I KNOW THE PROPERTY OWNER TALKED TO SOME OF THE ONES RIGHT THERE AROUND THE HOUSE. OKAY. THAT WAS, THAT WAS AS FAR AS SHE EXTENDED OUT. THAT'S WHY I REACHED OUT TO THE ELMWOOD ASSOCIATION. WAS SHE ABLE TO TALK THEM INTO WRITING A LETTERS FOR OKAY, BUT DID THEY HAVE ANY CONCERNS? NO. WEREN'T THE OPPOSITION LETTERS ON EITHER SIDE THIS [00:50:01] DIFFERENT CASE? I DON'T RECALL. WERE THE TWO OPPOSITION LETTERS? NO, THEY WERE OUT IN THIS CASE. THEY WERE OUTSIDE OF THE NOTIFICATION AREA. UM, AND THEN ONE MORE QUESTION. YOU MENTIONED YOURSELF THAT THEY WOULD HAVE TO DO SOME THINGS ALONG THE ALLEY TO MAKE IT MORE ACCESSIBLE. WHAT, WHAT KINDS OF THINGS? IT'S GOTTA BE CLEANED UP, NUMBER ONE. SO I'M NOT SURE ABOUT WHAT THE OTHER OWNERS ARE TALKING ABOUT ON THE ALLEY, BUT IT'S, IT'S GOT SOME GRASS, SOME BRUSH, AND SOME OVERGROWN. SO THERE'S GONNA HAVE TO BE, ESPECIALLY WHEN WE GET READY TO TURN INTO NEXT TO, TO THE A DU, THERE'S GONNA HAVE TO BE SOME CONCRETE FOR THERE. AND WE'RE ALSO GONNA HAVE TO TRIM THE TREES AND THE GRASS AND EVERYTHING ELSE. SO THERE'LL BE SOME IMPROVEMENTS THAT THERE WILL BE REQUIRED TO DO IT PERMITTING. OKAY. AND SO, UH, SO YOU'LL BE REQUIRED TO DO IT? YEAH. OH, OKAY. OKAY. THANK YOU. BY CODE IN ORDER TO GET A PERMIT. WHAT, WHAT TRIGGERS THAT? WHAT, WHAT TRIGGERS THAT WORK THAT MR. FINN'S ASKING THE, SHE MENTIONED THAT THEY'RE BEING REQUIRED TO, UH, IMPROVE THE ACCESSIBILITY ALONG THE ALLEY. I'M JUST WONDERING WHY RELATED TO THE OVER OVERGROWN BRUSH AND I'M, I'M, YEAH, WE'RE JUST CURIOUS WHAT TRIGGERS THAT REQUIREMENT. IT'S, IT'S A REQUIREMENT TO, TO GET YOUR, UM, CO I DON'T KNOW. I'M ASKING IS THERE'S NO CO IN THIS PAGE. UH, THE QUESTION IS WHAT TRIGGERS THAT WORK? MM-HMM . 3 1 1 CALL, UH, AT, AT MOST IT'D PROBABLY BE A THREE ONE ONE CALL ABOUT OVERGROWN BRUSH IN THE ALLEY. UM, THAT'S, THAT WOULD BE THE, SO THE ANSWER IS THERE'S NOTHING THAT TRADE RESERVE PER SIDE? CORRECT. SO WHO IS RESPONSIBLE FOR DOING THE WORK? THE CLEANUP. SO THE CITIZENS OF THAT NEIGHBORHOOD WILL CONTACT 3 1 1 ABOUT THE OVERGROWN BRUSH IN THE, IN THE ALLEY AS YOU SAW IN THE VIDEO, YOU COULD TELL MM-HMM . THE CONDITION OF THE ALLEY. YEAH. MM-HMM . ONCE THOSE COMPLAINTS WERE MADE, THEN THE CITY WILL GO OUT AND CUT DOWN TRIM OR REQUIRE THOSE NEIGHBORS TO TRIM THAT PARTICULAR AREA AND THEY CAN CITE THEM. BUT IT WOULD HAVE TO START WHAT THEY CALLED 3 1 1. PRESUMABLY THEY COULD HAVE DONE THAT. NO COMPLIANCE GO OUT THERE, BUT NOTHING'S STOPPING THEM FROM DOING THAT NOW. TRUE. NO. SORRY, MR. FINNEY. FINNEY FINISH BEFORE. YES. AND SO TO WRAP THAT UP, HAVE, HAVE THEY, UH, TAKEN STEPS TO GET THIS PROCESS? THE ALLEY CLEANUP GOING? UH, THERE IS A PROCESS OF GETTING THE PERMIT SET TOGETHER, HOPING THEY GET APPROVAL TODAY SO THAT THEY CAN GO AHEAD AND SHOW WHERE THEY'RE GONNA DO THE CONCRETE PAD BACK THERE, UHHUH. AND SO FOR PEOPLE TO COME DOWN THAT ALLEY TO ACTUALLY USE THAT DRIVE NEXT TO THE A DU, WE HAVE TO CLEAN IT UP SO THE CAR CAN BE BACK THERE. MM-HMM . SO THERE'S, THERE'S NO REASON WHY WE WOULDN'T DO THE IMPROVEMENTS. WE WOULD HAVE TO, AND THEN WE'VE GOTTA BUILD A CONCRETE PAD THAT ATTACHES TO THE ALLEY, WHICH HAS TO BE 20 FEET OFF. RIGHT? YEAH, THAT HAS TO BE DONE. THANK YOU MR. SASHA. NOPE. THE APPLICANT JUST, JUST BASICALLY SAID IT'S A REQUIREMENT TO RECEIVE THEIR NO, IT'S, SHE JUST SAID IT IS A REQUIREMENT IN ORDER TO GET THEIR PERMIT. SO IN ORDER TO GET THAT PERMIT, THAT'S DIFFERENT THAN, THAT'S A DIFFERENT QUESTION YOU'RE ASKING ABOUT THE I THINK I, NEVERMIND. NO, NO, IT'S IRRELEVANT TO, IT'S IRRELEVANT TO, THANK YOU. THANK YOU. OKAY. UM, WHERE, WHERE DOES THE OWNER PARK NOW? THE OWNER WILL PARK, THEY WILL COME IN OFF OF ELMWOOD. CAN WE PUT THE PSYCH PLAN BACK UP? YEAH, I WOULD APPRECIATE THAT. THANK YOU. THERE WE GO. SO YOU CAN SEE THE ALLEY BACK THERE AND YOU CAN SEE WHERE THEY PULL IN TO PARK. AND THEN UP HERE ON ELMWOOD, YOU CAN SEE WHERE THEY WILL COME IN TO PARK ON THE OTHER SIDE. UH, AND THE, OKAY, SO THAT GARAGE IS, IS TWO CARS. THE CURRENT GARAGE IS TWO CARS. THAT'S WHAT'S BEING CONVERTED TO THE A DU. SO WHAT'S THE WHERE? ALL RIGHT, JUST WALK ME THROUGH. SO IS THAT, AND IS THAT WHERE IN THE FUTURE TENANT WILL PARK? IS THAT THE IDEA? THE FUTURE TENANT WILL PARK IN THE GRAY OUT AREA TO THE LEFT OF THE 88. OKAY, THAT'S GREAT. [00:55:01] AND THEY CAN GO IN AND OUT BY THE ALLEY. SO, PARK OTHER QUESTIONS. THANK YOU. ARE THERE OTHER SPEAKERS IN FAVOR? WE'D LOVE TO SAY HI, BUT YOU DON'T NEED TO, UH, YOU, YOU NEED TO FILL ONE OUT. UM, YOU CAN, YOU CAN FILL IT OUT AFTERWARDS. WOULD YOU MIND BEING SWORN IN AND, YEAH. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE STATE YOUR NAME AND ADDRESS, CURRENT OR FUTURE, WHERE YOU ARE NOW. OKAY. MY NAME IS JSA SIM SMITH. MY ADDRESS IS 6 0 1 1 EAST UNIVERSITY BOULEVARD, UNIT NUMBER 1 4 5, DALLAS, TEXAS 7 5 2 0 6. THANK YOU FOR THE OPPORTUNITY TO COME AND SPEAK TO YOU ABOUT THIS PROPERTY. IT IS, IT IS, MY HUSBAND AND I HAVE WAITED ALMOST 10 YEARS TO BE ABLE TO DO SOMETHING LIKE THIS. AND SO I REALLY HOPE THAT YOU ALL WILL, UM, APPROVE IT. UM, THIS IS, UM, SOMETHING THAT I'VE BEEN WANTING TO DO FOR A REALLY LONG TIME, TO BE ABLE TO OFFER SOMEONE AN OPPORTUNITY TO HAVE AFFORDABLE HOUSING, UM, BUT ALSO TO BE ABLE TO HAVE A HOME FOR OUR FAMILY. UM, SO I REALLY HOPE THAT YOU ALL WILL APPROVE IT, UM, BECAUSE IT'S NOT SOMETHING THAT I TAKE LIGHTLY. MY HUSBAND AND I ARE VERY, UM, AWARE OF THE CONCERNS THAT PEOPLE MAY HAVE, AND WE JUST WANT TO LET YOU ALL KNOW THAT THERE WOULDN'T BE ANY ISSUES BECAUSE WE WILL LIVE THERE. WE'RE NOT TRYING TO FLIP, WE'RE NOT TRYING TO DO ANYTHING LIKE THAT. WE'RE TRYING TO PLANT ROOTS AND WE'RE TRYING TO BE IN THIS COMMUNITY FOR A LONG TERM. FOR THE LONG TERM. AND WE JUST WANNA BE ABLE TO OFFER THAT BECAUSE WITH THE RISING AFFORDABILITY OF HEALTHCARE, ESPECIALLY FOR SENIORS, UM, MY HUSBAND AND I WANNA BE ABLE TO CARE FOR OUR PARENTS ONE DAY SHOULD THEY NEED, UM, THAT OPPORTUNITY. YOU GONNA CHARGE YOUR PARENTS RENT? HUH? YOU GONNA CHARGE YOUR PARENTS RENT? NO. NO, NO. IN THE MEANTIME, IT WOULD BE NICE TO RENT IT OUT, BUT IF THEY WERE TO NEED, YOU KNOW, TO NEED HOUSING, YOU WANNA BE ABLE TO DON'T KNOW YOUR PARENTS? NO, I WOULDN'T CHARGE MY, MY MOM'S RIGHT THERE. SHE'S LIKE, NO , BUT NO, NO, IT'S, THIS IS JUST FOR IN CASE THEY, THEY NEED IT ONE DAY, IT'LL ALREADY BE THERE. NOBODY CAN SAY NO TO US AND WE'D BE ABLE TO BE ABLE TO CARE FOR THEM IN THE WAY THAT THEY NEED SO THAT WE DON'T HAVE TO COME OUT OF POCKET. BUT IN THE MEANTIME, WE WOULD LIKE TO RENT IT OUT, UM, UNTIL THEY NEED IT. SHOULD THEY NEED IT. AND JUST FOR YOUR COMMENT ABOUT SPEAKING TO NEIGHBORS, I DID SPEAK TO BOTH OF MY NEIGHBORS. UM, I SPOKE TO ONE TO, TO THE ONE. IF YOU'RE LOOKING AT, I SPOKE TO THE ONE ON THE LEFT MORE OFTEN THAN THE ONE ON THE RIGHT JUST BECAUSE THEY'RE USUALLY AROUND AND THEY DIDN'T HAVE ANY ISSUES WITH WHAT WE WERE DOING. THEY ACTUALLY KNEW SOMEBODY THAT WOULD WANT IT BECAUSE I WAS LIKE, LOOK, WE'RE NOT REALLY TRYING TO, WE'RE NOT TRYING TO MAKE A TON OF MONEY. WE ARE NOT TRYING TO DO MARKET RENT. WE'RE TRYING TO JUST, YOU KNOW, HAVE, GIVE SOMEBODY THAT OPPORTUNITY, BE CLOSE TO THE LINE. WE EVEN HAVE A CAR THAT WE'RE, YOU KNOW, GONNA OFFER IF SOMEBODY NEEDS TO USE IT. AND WE'RE GONNA FIGURE ALL THAT OUT, BUT COPY OVER. HMM. I'M COMING. OH, . BUT YEAH, WE'VE REALLY THOUGHT ABOUT THIS. THIS ISN'T JUST, OH, A RUN OF THE MILL. JUST RANDOM THING THAT WE, WE ARE REALLY INVESTED IN THIS, SO, UM, PLEASE SAY YES, . THANK YOU. AND THANK YOU FOR BEING HERE IN PERSON. I DON'T KNOW WHY YOU'RE WORRIED ABOUT PUBLIC SPEAKING. OH, , THANK YOU. ARE THERE ANY QUESTIONS FOR, THANK YOU. I, OKAY. ARE THERE SPEAKERS IN OPPOSITION? NO. THE SPEAKER'S REGISTERED. SIR. UH, MA'AM, DO YOU MIND FILLING OUT A FORM PLEASE? THANK YOU. DO YOU WANT TO USE A REBUTTAL? THANK YOU. UM, I HAVE A MOTION, UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BO OA DASH 25 DASH 0 0 0 1 9, UM, APPLICATION OF ARTHUR BUCKLEY. GRANT THE REQUEST TO CONSTRUCT AND MAINTAIN AN ACCESSORY DWELLING UNIT FOR RENT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A [01:00:01] SPECIAL EXCEPTION OF A SINGLE FAMILY USE REGULATIONS REQUIREMENTS IN THE DALLAS DEVELOPMENT CODE. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, I FURTHER MOVE THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. ONE. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED. TWO, THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO REQUIRE OWNER OCCUPANCY ON THE PREMISES. THREE, THE APPLICANT MUST ANNUALLY REGISTER THE RENTAL PROPERTY WITH THE CITY'S SINGLE FAMILY NON-OWNER OCCUPIED RENTAL PROGRAM. IS THERE A SECOND? AYE. ANDREW FINNEY SECOND AGNI MOTION FINNEY SECONDS. UH, MY MOTION. I PRETTY WELL SAID WHAT I'M GONNA SAY, I, I THINK THAT PARKING WORKS, UH, WE'RE NOT, WE'RE NOT IN A SITUATION WHERE WE, ONE CAR NECESSARILY BLOCKS THE OTHER CAR. UH, AT LEAST UP IN PHILADELPHIA, YOU HAVE LEASE AGREEMENTS. YOU, YOU LITERALLY HAVE AGREEMENTS AS TO WHO ACTUALLY GETS TO USE THE DRIVEWAY BECAUSE, UM, IF ONE PERSON BLOCKS THE OTHER, SO YOU ESSENTIALLY IT LOOKS LIKE TWO PARKING THAT YOU REALLY HAVE ONE. THAT'S NOT THE CASE HERE. UM, UM, THIS, I DON'T SEE HARM AND I SEE. GOOD. THAT'S WHAT IT COMES DOWN. YES. AND I, I, I ECHO THE SENTIMENTS AND WOULD LIKE TO ADD THAT I APPRECIATE THAT THE APPLICANT MADE EFFORTS TO TALK TO HER FUTURE NEIGHBORS. AND I THINK THAT IT'S IMPORTANT TO NOTE THAT THEY'RE FUTURE NEIGHBORS. YOU KNOW, SHE'S MADE THIS EFFORT BEFORE MOVING INTO THE HOUSE. UM, AND THE, THE FACT THAT OUT OF 27 PEOPLE THAT WERE NOTIFIED, ZERO OF THOSE PEOPLE WERE THE ONES THAT ACTUALLY SPOKE IN OPPOSITION, JUST REINFORCES UH, THAT THIS IS NOT ADVERSELY AFFECTING THE NEIGHBORING PROPERTIES. THEY'VE CLEARLY THOUGHT ABOUT THE ALLY ACCESS ISSUES AND HAVE A PLAN FOR, UH, ADDRESSING THOSE ISSUES. SO I SEE NO PROBLEM WITH, UH, SUPPORTING THIS, THIS VARIANCE. OTHER COMMENTS? SHALL WE VOTE? MS. MS. WILLIAMS? MR. FINNEY? AYE. MR. MILLIKEN? AYE. MR. SESSION? AYE. MR. VICE CHAIR AYE. MOTION TO GRANT PASSES. 4 2 0. CONGRATULATIONS AND GOOD LUCK. OKAY. UM, NOW WE'RE MR. BALDWIN, RIGHT? UH, BO OA DASH 25 DASH 0 0 0 0 2 7 56 0 1 SANTA FE AVENUE. IT'S AN APPLICATION FOR A SPECIAL EXCEPTION OF DEFENSE HEIGHT REGULATIONS AND FOR, UH, AN EXCEPTION, SPECIAL EXCEPTION TO THE OPACITY OPACITY OPACITY REGULATION. RIGHT. PLEASE BE SWORN IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED. GOOD AFTERNOON. MY NAME'S ROB BALDWIN, THE OFFICE OF 3 9 0 4 ELM STREET, SUITE B IN DALLAS. WE'RE REPRESENTING THE PROPERTY ON LEAVE LAMONT IN THIS REQUEST. IT'S ACTUALLY THE THIRD TIME I'VE BEEN IN FRONT OF THE BOARD ON THIS. THE FIRST TIME, UH, WE GOT APPROVED, WE HAVE A PROJECTED FRONT YARD AND, UH, WE CAME IN DURING COVID TO GET A, UH, SPECIAL EXCEPTION OR A VARIANCE. IT WAS APPROVED, BUT MY CLIENT DID NOT APPLY FOR THE BUILDING PERMIT WITHIN 180 DAYS. WE SUBSEQUENTLY, UH, BECAUSE TWO YEARS AGO WE DID IT AGAIN, GOT IT APPROVED AGAIN, AND THE HOUSE GOT BUILT. UH, THE CONTRACTOR THOUGHT TO BE APPROVAL ALSO GAVE HIM PERMISSION TO BUILD THE FENCE, UH, WHICH CLEARLY IT DIDN'T, BUT HE BUILT IT ANYWAY UNTIL THE CITY TOLD HIM TO STOP DOING IT. UM, YOU KNOW, IN, IN DALLAS YOU'RE, YOU'RE ALLOWED TO HAVE A SIDE YARD FENCE UP TO NINE FEET TALL. WE NEED A PERMIT IF IT'S TALLER THAN SIX FEET. WE, WE MISSED THAT PART, THE SECOND PART OF THAT. SO, UH, YEAH, THE FENCE IS THERE. IT SHOULDN'T BE THERE, BUT WE'RE REQUESTING PERMISSION TO, UH, KEEP THE FENCE THERE. UM, THE BEACON STREET, I DON'T KNOW IF YOU'RE FAMILIAR WITH IT, IT'S SIX LANE DIVIDED. IT'S PRETTY BUSY. UH, WE'RE RIGHT HERE AT THE SANTA FE TRAIL, MOST HOUSES SIDE ONTO BEACON STREET. SO THEY ACTUALLY HAVE, THESE ARE ALL SIDE YARDS. WE HAVE THE UNFORTUNATE GEOGRAPHY OF RIGHT NEXT TO US. THE LOT NEXT TO US WAS SUBDIVIDED THAT ACTUALLY WASN'T EVEN SUBDIVIDED, JUST SOLD OFF INTO TWO PIECES. AND THOSE HOUSES FRONT ONTO TO BEACON STREET, WHICH PROJECTS A POINT YARD. EVERYBODY ELSE UP AND DOWN BEACON GENERALLY HAS A SIDE YARD, BUT WE HAVE, UH, A PROJECTED FRONT YARD. UM, I SHOULD HAVE CAUGHT THIS, UH, [01:05:01] WHEN WE WENT TO THE, HAD THE SITE PLAN APPROVED FOR THE SECOND TIME, I DIDN'T, I DIDN'T NOTICE THE FENCE WAS NOT ON THE PLAN. UM, AND IT WASN'T. AND SO WE'RE HERE ASKING THAT YOU RECOGNIZE THAT WE HAVE APPROVAL FOR THE HOUSE BEING IN THE SIDE YARD. WE'RE PROJECTED FRONT YARD. WE JUST LIKE PERMISSION TO HAVE DEFENSE THERE AS WELL. I HAVE A, A PRESENTATION THAT YOU MAY HAVE SEEN OR NOT SEEN. HAPPY TO GO THROUGH IT, BUT ALSO HAPPY TO BE RESPECTFUL OF YOUR TIME. UM, IS THERE ANYTHING I, YOU NEED TO SEE FROM MY PRESENTATION AND MR. FINNEY, UH, PULLED IT SO I'LL TO YOU? SURE, YEAH, THAT WOULD BE GREAT. OKAY. YEAH. NEXT SLIDE PLEASE. SO THIS IS SIDE, IT'S IN THE EAST DALLAS, RIGHT ON THE SANTA FE TRAIL. UM, WHICH IF YOU HAVEN'T BEEN DOWN THE SANTA FE TRAIL, IT'S REALLY COME ALONG WELL. IT'S VERY, UH, ACTIVE AND USED AND, UH, TURNED OUT REALLY WELL. NEXT SLIDE PLEASE. UM, WE'RE ASKING PROSPECTIVE SECTION TO ALLOW AN EIGHT FOOT FENCE AND A PROJECTED FRONT YARD AND TO HAVE THAT FENCE BE ALLOWED TO BE O OPAQUE. NEXT SLIDE PLEASE. SO THIS IS THE PROPERTY. IT'S UH, A DUPLEX PROPERTY. YOU SEE THE PROPERTY TO, IT'S TO THE LEFT OR TO THE NORTH. THAT'S THE ONE THAT, UM, IS TRIGGERING THE PROJECTED FRONT YARD. AND IF YOU LOOK EVERYBODY ELSE, UH, EXCEPT FOR THOSE TWO LOTS, GENERALLY EVERYBODY ON OUR BLOCK SIDES ONTO BEACON STREET AND HAS THEIR FENCES, UH, AS SIDE YARD. NEXT SLIDE PLEASE. UH, THERE'S JUST A, A PLAT. NEXT SLIDE PLEASE. SO THIS IS THE APPROVED VARIANCE PLAN. YOU CAN SEE THAT THE HOUSE, INSTEAD OF HAVING A 25 FOOT PROJECTED FRONT YARD, IT WAS, UH, BROUGHT DOWN TO 11 FEET AND TREATED AS A SIDE YARD. UH, AND SO, UH, THIS WAS APPROVED, UH, TWICE, UH, THE EXACT SAME SITE PLAN. NEXT, NEXT SLIDE PLEASE. ELIZABETH WAS BUILT TODAY BUILT UNDER, UH, RIGHT CURRENT ZONING, WHICH IS DUPLEX. UH, EVERYTHING ON THIS, THIS SIDE OF THE STREET, UH, ON BEACON OR SANTA FE IS, UH, ZONED DUPLEX. AND YOU'LL SEE MORE OF THESE COMING AS YOU DO ON THE OTHER SIDE AS WELL. UH, NEXT SLIDE PLEASE. THIS IS WHAT IT LOOKS LIKE GOING, LOOKING DOWN BEACON STREET. YOU'LL NOTICE THAT BEACON STREET IS NICE AND WIDE. LIKE I SAID, IT'S SIX LANE DIVIDED, SO ALLOWING THE FENCE TO STAY THERE WILL NOT CAUSE A CANYON EFFECT. IT WILL NOT MAKE IT SO IT'S UNCOMFORTABLE TO WALK OR UNCOMFORTABLE TO DRIVE, BUT NOT IN ANY SITE VISIBILITY TRIANGLES. IT'S JUST TREATED AS IT IS ACROSS THE STREET. IT'S KINDA HARD TO SEE. BUT THE HOUSES ON THE OTHER SIDE HAVE EIGHT FOOT PRIVACY FENCES. UH, JUST LIKE WE YOU HAVE. NEXT SLIDE, PLEASE. UH, THAT'S LOOKING, UH, I GUESS EAST. THIS IS THE, WHERE DALLAS ISN'T NORTH SOUTH ANYMORE, BUT THAT, THAT'S LOOKING AT THE OTHER SIDE. THAT, THAT BLUE HOUSE IS OUR NEIGHBOR. NEXT, NEXT HOUSE. NEXT SLIDE PLEASE. UH, THIS IS, UH, THE SITE PLAN. WE'RE ASKING FOR REAPPROVED. NEXT SLIDE. AND THIS IS THE ELEVATION WHICH YOU SAW AT THE BRIEFING SESSION, SHOWING EVENT. UM, I'M, I HOPE, I HOPE YOU CAN SUPPORT THIS. UM, YOU KNOW, IT WAS NOT DONE WITH MALICE. UH, I DID BERATE MY CLIENT FOR LETTING THIS CONTRACTOR GO OUT AND DO THIS AND WE HOPE THAT WE WILL KEEP THE FENCE. UH, I'M HERE TO ANSWER THE QUESTIONS YOU MAY HAVE. THANK YOU. DID HE, DID THE CLIENT PAY YOU TO BERATE HIM? ? THEY VERY WELL, YEAH. I GET PAID EXTRA FOR THAT. THANK YOU VERY MUCH. ARE THERE SPEAKERS AND ARE THERE FURTHER SPEAKERS IN FAVOR? NO. ARE SPEAKER, NO SPEAKERS, RIGHT AND NOT IN OPPOSITION? NOPE. OKAY. UM, THERE A MOTION, MR. GENERAL, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 2 7 ON APPLICATION OF ROBERT BALDWIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND MAINTAIN AN EIGHT FOOT HIGH FENCE IS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE 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 AND THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. THERE A SECOND. AG NEUTRAL SECOND FINNEY'S MOTION AGNE SECOND. UM, [01:10:01] YEAH, I THINK THAT MY MAIN CONCERN GOING INTO THIS WAS WHY IT WAS DONE, UH, WITHOUT, UH, APPROVAL. UH, FIRST, UM, I THINK MR. BALDWIN EXPLAINED PRETTY CLEARLY WHY, UM, I WAS ALSO INCLINED TO, UH, GRANT THIS VARIANCE BECAUSE OF JUST THE NUMBER OF TIMES THAT IT'S BEEN THROUGH THE BOARD. SO, UM, I FEEL CONFIDENT WITH THAT. OKAY. UM, UH, AGREE. HERE'S AN EXAMPLE OF, UH, THE VALUE OF HAVING SOMEONE, UH, WITH CREDIBILITY, THE BOARD IN FRONT OF YOU. UM, YEAH, I JUST HOPE THE APPLICANT WILL TAKE YES FOR AN ANSWER. THAT'S IT. OTHER COMMENTS? MS. WILL, OH, YOU WANT ME TO DO IT? MR. MILLIKEN? AYE. MR. TON. AYE. MR. FINNEY? AYE. MR. VICE CHAIR AYE. MOTION TO GRAND PASSES FOUR TO ZERO. IS THERE A SECOND MOTION? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA 2 5 0 0 0 0 2 7 ON APPLICATION OF ROBERT BALDWIN GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND, AND OR MAINTAIN A FENCE WITH PAN, 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 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. COMPLIANCE WITH OPACITY AND EVENTS LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. AGNE SECOND. ANY MOTION AGNE? SECOND. DISCUSSION GOING ONCE, TWICE. MS. WILLIAMS, MR. CHEN? AYE. MR. MILLIKEN? AYE. MR. FINNEY? AYE. MR. VICE CHAIR? AYE. MOTION TO GRAND PASSES. FOUR TO ZERO. OKAY. IT'S 2 21. THANK YOU. UH, I WANT TO TAKE A LEGIT 10 MINUTES, BUT NOT 12. UM, AND THEN WE'LL COME BACK AND BRIEF AFTON STREET AND HEAR IT AND, UH, THEN WE'LL BE DONE FOR THE DAY. SO AT, UH, 2:21 PM UH, WE'RE IN RECESS TILL THREE TILL 2 31 BO EIGHT DASH 25 DASH 0 2 8 AT 4 5 0 1 ATON STREET PLANNING AND DEVELOPMENT, PRIMARY METRICS OF 52 DAYS. THE VIC MAP IS NORTH OF LUCAS, SOUTH OF HAWTHORNE, EAST OF HARRY ES, AND WEST OF SYLVESTER STREET. THE AREA MAP IS TO THE LEFT. THERE'S A CORNER LOT AND THE ZONING MAP IS TO THE, NOT TO THE RIGHT. IT'S PD 1 93, MF TWO ZONING AND IT'S BORDERED BY PD 1 93 PDS 28, WHICH IS A SCHOOL THERE WERE A TOTAL OF 21. PROPERTY OWNERS NOTIFIED, UH, ZERO AS OF SUPPORT, ZERO AS OPPOSITION HAVE BEEN RECEIVED. UH, THIS IS A REFERRAL, UM, FROM OUR CITY STAFF, UM, IN REFERENCE TO, UM, SIDEWALKS, UM, AND LANDSCAPING. WHEN YOU SAY REFERRAL, THAT MEANS THEY, THERE WAS A COMPLAINT, THEY WENT OUT, NOT, NOT A COMPLAINT. UH, SO A REFERRAL COULD BE FROM CODE COMPLIANCE, WHICH MEANS THAT CODE WENT OUT BECAUSE OF A COMPLAINT OR JUST ON A DAILY RUN AND THEY SEEN SOMETHING. OKAY. IT COULD BE A REFERRAL FROM OUR INTERNAL STAFF, MEANING THEY TRIED TO OBTAIN A PERMIT AND THEREFORE THEY COULD NOT MEET CODE, SO THEREFORE THEY REFERRED THEM TO BDA IN ORDER TO TRY AND RESOLVE THE ISSUE. GOT IT. SO THE REFERRAL COULD BE FOR, IN THIS CASE IT WAS FROM THE APPLICANT TRYING TO OBTAIN A PERMIT AND ZONING COULD NOT APPROVE IT. SO THEY PRETTY MUCH THE ONLY OPTION THAT THEY CAME TO OVER THE PAST COUPLE YEARS OF TRYING TO WORK WITH THEM IS COMING FOR THE BULL. UH, THIS IS BEST EXCEPTIONS TO THE LANDSCAPE REGULATIONS AND THOSE STANDARDS ARE FOUND IN PD 1 93. UH, 0.126. [01:15:03] UH, THE SUBJECT SITE WAS PROPERLY NOTIFIED ON AFTON AND LUCAS. AGAIN, LIKE I SAID, IT IS A CORNER LOT. UH, THIS IS THE PROPOSED LANDSCAPE PLAN, UH, SUBJECT SITE FROM AFTON, UH, LOOKING WEST, NORTHWEST NORTH, NORTHEAST EAST, SOUTHEAST AND SOUTH. AND THEN THE SUBJECT SITE FROM LUCAS, UH, LOOKING NORTH, NORTHEAST, SOUTHEAST, SOUTH, SOUTHWEST, WHICH THE SCHOOL IS TO THE RIGHT. AND THEN, UH, WEST. AND THAT'S THE RETAINING WALL, WHICH WILL BE PART OF, UM, THE UPCOMING, UM, AREAS OF WHY THEY'RE HERE. UM, THIS IS ANOTHER VIEW OF, UH, JUST THIS SIDEWALK RETAINING WALL AND SCHOOL SIGN THAT WILL COME INTO, UM, PART OF THIS REQUEST. UH, THIS IS THE, UM, 200 FOOT RADIUS VIDEO. UH, SO WE WOULD START ON THE STREET AND RUN PARALLEL TO LUCAS, MAKE A U-TURN, COME BACK, THEN GO DOWN, UH, LUCAS, THE LEFT ON ATON, AND THEN COME BACK AROUND ONE MORE TIME. SO YOU'LL SEE THE SUBJECT SITE AT LEAST TWO TIMES DURING THIS VIDEO. IT'S LOADED AND IT'S JUST, UH, ONE STREET OVER FROM LUCAS. WE'LL MAKE A U-TURN LEFT AND THEN WE'LL SEE THE SUBJECT SITE SHORTLY. THE STRAIGHT AHEAD IS THE SCHOOL AND EVERYTHING TO THE LEFT. AND THEN TO THE RIGHT IS THE SUBJECT SITES. SO THIS BEING A SUBJECT SITE, THIS BEING A SCHOOL WITH EXISTING UTILITIES, THIS BEING ACROSS THE STREET, MAKE A LEFT, COULDN'T FIGURE OUT WHAT THEY WAS DOING, BUT UM, HAD MULTIPLE POLICE CARS THERE AND GO BACK SOME AND JUST SHOWING THE SUBJECT SITE IS VACANT. [01:20:06] SO ALL WORK IS PROPOSED. AND THEN WE'LL COME BACK AROUND ONE MORE TIME. AND THIS IS AFTER THE STREET BY THE WAY. VICE CHAIR, SOME OF THOSE SIGNS, YOU SEE THAT NO RIGHT HAND, LEFT HAND TURNS. THOSE ARE DURING SCHOOL TIMES ONLY. SO THIS VIDEO WAS NOT DONE DURING SCHOOL TIME, SO I'M NOT BREAKING ANY VIOLATIONS THERE. I JUST WANTED TO PUT IT ON THE RECORD. CCD VEHICLE 1 8 8 0 2 1 WAS NOT BREAKING ZERO VIOLATION. AND THEN WE'RE BACK NOW ON LUCAS AND STRAIGHT AHEAD IS WHERE WE STARTED. AND SO THIS IS WHERE YOU CAN SEE THE EXISTING CONDITIONS. UM, AS WE HEAD UP AGAIN TOWARDS THE SUBJECT SITE, THE SUBJECT SITE BEING IN ON THE RIGHT, AND I'LL PAUSE ONCE WE GET TO IT. I'LL START APPROACHING IT AGAIN. THE SUBJECT SITE BEING AREA HERE TO THE SCHOOL. AND THAT CONCLUDES THE VIDEO. UH, LEGAL STANDARDS OF REVIEW FOR DECISION MAKING. UH, THE CHIEF OFFICE DID PROVIDE A MEMO THAT WAS REPORT OF THE PACKET AND SO DID OUR TRAFFIC ENGINEER. AND THAT CONCLUDES BO EIGHT DASH 2 5 0 0 0 0 2 8 AT 4 5 0 1 A STREET. UM, MR. CHAIRMAN, I HAVE A QUESTION. UM, SO I SEE MR. IRWIN'S LETTER, UM, BUT I WAS, I WAS JUST CURIOUS, WHAT, WHAT ARE THE SPECIFIC MR. IRWIN, IF YOU COULD SUMMARIZE FOR US, WHAT ARE THE SPECIFIC VARIANCES FROM ARTICLE 10 OF THE DALLAS DEVELOPMENT CODE? UM, SO IN THIS CASE WE'RE LOOKING AT PD 1 93, UH, UNDER 1 93 0.136 PART ONE CONDITIONS. AND THOSE CONDITIONS, THE CONDITIONS FOR THAT ARE DIFFERENT THAN THE ARTICLE 10 AS FAR AS WE'RE LOOKING AT, UH, ANY COMPROMISE TO THE SPIRIT AND, AND THE ORDINANCE, UH, TO THE LANDSCAPING. SO WHAT THEY'RE WE'RE LOOKING AT IS FOR, UH, A SPECIAL EXCEPTION FOR LANDSCAPING THAT WOULD APPLY PRIMARILY TO SIDEWALK AND TREE PLANT, UH, LOCATION. SO THE ORDINANCE REQUIRED, UH, PD 1 93 ACTUALLY REFERS TO SIDEWALK UNDER LANDSCAPING. AND SO SIDEWALKS HAVE A SPECIFIC LOCATION WHERE THEY WOULD TYPICALLY BE IN A RESIDENTIAL AREA. THAT'D BE A FOUR FOOT WIDE SIDEWALK BETWEEN FIVE AND 10 FEET FROM BACK CURB. UH, AND THEN A TREE PLANTING ZONE WOULD BE OUT ALONG THE EDGE OF THE CURB. AND A FI IN A, GENERALLY IN A, AROUND ABOUT A FIVE FOOT LANDSCAPE UP IN THIS CASE, THERE IS EXISTING SIDEWALK AND RETAINING WALL ALONG, UH, THE STREET THERE THAT BASICALLY THEY'RE LOOKING TO RETAIN THAT CONDITION WITH THE SCHOOL LIGHT THERE AND ALSO SIGNAGE, MAINTAIN THAT CONDITION, PLACE THE TREES INTO THE FRONT YARD, WHICH IS ALLOWED BY, BY THE ORDINANCE WHEN THERE IS A CONFLICT WITH THE VISIBILITY TRIANGLE OR STREET SIGNAGE OR A UTILITY. SO THE ISSUE HERE REALLY PAINTS TO THE STREET FRONTAGE, UH, ON BOTH STREET FRONT OR SIDEWALK AND ALSO STREET PLANTING. SO. OKAY, THANK YOU. AND SO THEN DOES, WHEN IT COMES TO THE STREET TREES, UH, DOES, LIKE, DOES THE STREETS TREAT ON THE ADJACENT STREET, LIKE AROUND THE CORNER? UH, DOES SOME OF THOSE COUNT TOWARDS THE STREET TREES ALONG LUCAS OR IS IT, UM, CAN YOU, CAN YOU ELABORATE ON THAT? WELL, THE PLAN IS FOR, TO BE ABLE TO PLACE SOME TREES IN THE TREE PLANTING ZONE OUT TOWARD, INTO THE RIGHT OF WAY. UH, AND WHAT [01:25:01] CANNOT BE PLANTED IN THE RIGHT OF WAY WOULD BE PLACED IN THE FRONT YARD. THE ORDINANCE BOTH ALLOW US FOR THEN BE COUNTED AS PRE-PLANTING ON TREES BASED ON CIRCUMSTANCES. AND WHEN YOU SAY FRONT YARD THOUGH, WE, IS IT, IS IT TRUE THAT THERE ARE TWO FRONT YARDS IN THIS CASE? UM, IS BOTH LUCAS DRIVE AND AFTON CONSIDERED A FRONT YARD? UH, FOR LANDSCAPE PURPOSES? I WOULD LOOK AT IT BOTH AS FRONT YARDS, UH, THAT ESSENTIALLY THEY'RE, THE TREES ARE BEING PLACED INTO THE FRONT OR THEY'RE NOT NO LONGER IN THE PARKWAY. SO, UH, AND WHERE THE SITUATION IS WITH THE, UH, SCHOOL SIGNAL, WE COULDN'T HAVE TREES INTO THAT AREA BLOCKING THE SCHOOL SIGNAL. SO THOSE HAD TO BE INTO THE YARD. THE ONES FURTHER TO THE SOUTHWEST BASICALLY COULD BE PLACED INTO A TREE PLANTING ZONE EXCEPT THAT THE SIDEWALK IS NOW OCCUPYING THAT SPACE AND THEY WANNA RETAIN THAT SIDEWALK CONDITION AND MOVE THE TREE INTO THE, INTO THE YARD. UH, TECHNICALLY THAT IS THE, THE TREES CAN BE MOVED, BUT, BUT THE, UH, SIDEWALK, UH, PROVISION IS WHERE WE PRIMARILY NEEDED SYSTEMS FROM THE BOARD ON THAT QUESTION. YEAH. AND THE, AND THE SIDEWALK IS BEING DRIVEN BY THE RE THE EXISTING RETAINING WALL? CORRECT. THAT WOULD BE, UH, THAT COULD BE POSSIBLY DISCUSSED MORE BY THE APPLICANT. UH, ON THE, ON THE QUESTION OF, OF THE DESIGN OF, OF THE SITE, THE, THE, TO RETAIN THE EXISTING RETAINING WALL AND, AND TOPOGRAPHY IN THAT GENERAL LOCATION, UH, WE HAVE TO MAINTAIN THE SIDEWALK AS IS. SO YES, UH, I WOULD SAY THE RETAINING WALL IS PART OF THAT. OKAY, THANK YOU. MR. I, WHAT HAPPENS IF THE RETAINING WALL GOT KNOCKED DOWN, IF ULTIMATELY THIS IS NEW CONSTRUCTION SO THEY CAN REDESIGN THIS TO MEET CERTAIN CONDITIONS, UH, ACCORDING TO, UH, THE LIMITATIONS OF THE, OF THE SITE. SO THEY COULD TAKE OUT THE RETAIN WALL, MOVE THE SIDEWALK FURTHER IN, UH, BUT THIS IS, THEY'RE PROPOSING TO RETAIN THE EXISTING SIDEWALK, UH, CONDITION AS IT IS. AND AGAIN, THE APPLICANT COULD POSSIBLY, UH, EXPLAIN FURTHER AS TO THE ENGINEERING OF THE SITE TO TRY TO ADJUST THE TOPOGRAPHY FOR THAT RETAINING WALL. AND SO BECAUSE IT, THEY'RE, THEY'RE GONNA, THEY'RE, IT'S THEIR PROPOSAL DEVELOP THE SITE AND THEY HAVE, WOULD HAVE EXAMINED WHAT IT WOULD TAKE, REMOVE THE PAINTING WALL, UM, YES. UH, QUESTION FOR CITY STAFF. UM, AND I WAS CURIOUS, YOU KNOW, TYPICALLY ON ALL THE OTHER CASES IN THE DOCKET, YOU KNOW, WE HAVE ON THE COVER SHEET KIND OF A CLEAR CRITERIA BY WHICH WE'RE MAKING DECISION, UM, THAT'S NOT PRESENTED ON THIS CASE. I WAS JUST CURIOUS WHAT IS, WHAT IS THE, THE CRITERIA BY WHICH WE ARE MAKING THIS DECISION? USUALLY IT POINTS THE DALLAS DEVELOPMENT CODE WHERE IT, IT CITES, YOU KNOW, DOES IT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES, ET CETERA, ET CETERA. BECAUSE THIS IS IN PD 1 93, IT'S, UM, IN THE, IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT COMPROMISE THE SPIRIT AND INTENT OF THE LANDSCAPING SECTION IN PD 1 93. OKAY. GOTCHA. ANYONE ON STAFF WANNA COMMENT ABOUT THE SPIRIT AND INTENT OF THE LANDSCAPING SECTION OF PD 1 93? I GUESS OUR RISK IS MOST QUALIFIED. UH, I DON'T HAVE ANY FURTHER COMMENT ON THE, ON AT THIS POINT. ARE THERE OTHER QUESTIONS? UM, YEAH, SO PERHAPS I'M ASKING YOU TO, UH, REPEAT WHAT YOU JUST SAID, BUT JUST WANT TO BE ON THE RECORD. SO DO YOU, DID YOU HAVE A RECOMMENDATION, UM, DO ABOUT, ABOUT THAT? DOES IT, UM, DOES IT REINFORCE THE, THE SPIRIT INTENT OF, UH, THE LANDSCAPE CODE? UM, I THINK THE QUESTION BEFORE THE BOARD IS, DOES IT COMPROMISE THE SPIRIT INTENT OF PD 1 93? PART ONE, [01:30:02] I, I HAVE NO OBJECTION ON, ON THIS AS BASICALLY SAYING THAT, UH, I, I DO NOT BELIEVE, I MEAN, I BELIEVE IT'S FAVORABLE TO BE A, A QUESTION TO BE ASKED TO THE BOARD AND THAT YOU, FOR YOU TO BE ABLE TO MAKE A DETERMINATION, AGAIN, STAFF NOT MAKING A RECOMMENDATION ON THE SPECIAL EXCEPTION. AND SO I WOULD, I I HAVE NO OBJECTION TO, TO THIS ON THE BASIS OF THE SAME QUESTION YOU'RE GONNA ANSWER ON WHAT BASIS DO YOU HAVE AN OBJECTION? I DO NOT HAVE AN OBJECTION. DO YOU NOT NOT HAVE AN, AN OBJECTION ? I DO NOT HAVE AN OBJECTION TO THE, TO THE PROPOSED ALTERNATIVE LANDSCAPE PLAN THAT BEFORE, BUT DO NEITHER DO YOU MAKE A RECOMMENDATION FOR THIS EITHER? NO, HE IS NOT, I AM NOT MAKING A RECOMMENDATION ON THE SPECIAL EXCEPTION. I DON'T THINK WE, UH, I THINK I WOULDN'T READ THAT. UM, ONE MORE QUE I HAVE ONE MORE QUESTION FOR, UM, OUR ATTORNEY. UM, SO HOW ARE WE SUPPOSED TO, IF PD 1 93 IS NOT IN THIS DOCKET, HOW ARE WE SUPPOSED TO KNOW WHETHER THIS REINFORCES THE SPIRIT AND INTENT OF THE PD OR NOT? THIS, IF YOU LOOK IN YOUR CASE REPORT, UHHUH , THE SECTION OF THE CODE, THE SECTION OF PD 1 93 THAT SPEAKS TO THE LANDSCAPE IS IN, IS UNDER GENERAL EFFECTS AND ANALYSIS. IN THE CASE REPORT, THE ENTIRE PD IS NOT IN THERE, BUT IT SPEAKS TO UNDER GENERAL EFFECTS AND ANALYSIS. I DON'T SEE THAT, SEE THE, OKAY, I'M SORRY. YES, WE'RE GONNA TALK ABOUT THE SPIRIT. WE'RE GONNA HEAR FROM THE A ON THAT. ARE THERE OTHER QUESTIONS, MR. MILTON? MR. IRWIN, UM, NOT BEING AN ARBORIST OR, I MEAN, I'M AN AVID, I GUESS PLANT, UH, HORTICULTURIST, BUT THE SAVANNAH HOLLY, I'M NOT EXTREMELY FAMILIAR WITH. IS THAT SPEAKING WITH A NEIGHBORING BOARD MEMBER, IT CAN BE GROOMED INTO A TREE, IS THAT CORRECT? THAT'S CORRECT. IT IS A SMALL SPECIES TREE. IT CAN BE GROW TREE FORM AND, AND UH, IT, IT'LL BE A NOTICEABLE TREE, BUT IT'S NOT BE A LARGE CANY TREE. UH, THERE'S SOME CIRCUMSTANCES WHERE YOU MIGHT WANT SMALL TREE JUST BASED ON A SCALE OF THE DESTRUCTION AND THE AREA YOU HAVE . SO THAT WOULD SUFFICE IN A SITUATION LIKE THIS IN THE SPIRIT OF, I HAVE NO OBJECTION TO THAT. OKAY. OTHER QUESTIONS? OKAY. THANK YOU. SO NOW WE CLOSE THE BRIEFING AND OPEN THE HEARING. UH, THE APPLICANT'S HERE. WOULD YOU PLEASE, UH, BE SWORN IN AND, UH, BEFORE YOU SPEAK, STATE YOUR ADDRESS. MS. WILLIAM WO DO YOU WANT ME TO SWEAR THEM BOTH? YES. DO YOU BOTH, UM, SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE STATE YOUR NAME AND ADDRESS BEFORE. YES. SOLOMAN ANWAR. I'M THE CO-OWNER ON THE PROJECT. 1 4 0 7 9 SERRANO DRIVE. RESCO, TEXAS. YES. PE RAHMAN, UH, ADDRESS IS 1 4 1 6 8 MIN DRIVE, BICO, TEXAS. SO YEAH, WE ARE HERE TO REQUEST A SPECIAL EXCEPTION. SO THERE ARE A COUPLE OF THINGS I HEARD THAT I THINK IT WOULD BE GOOD FOR YOU GUYS TO KNOW. ONE OF THEM IS THAT THAT, UH, RETAINING WALL [01:35:01] HAS A UTILITY POLE AND WE DID REACH OUT TO THE UTILITY COMPANY TO SEE IF WE HAD TO RELOCATE THE SIDEWALK OR WE DEVELOPED THE RETAINING WALL IF THE UTILITY POLE COULD BE MOVED. AND THEY CAME BACK AND SAID NO. AND WE HAVE LETTER AND I THINK THEY HAVE SAID THEY HAVE SHARED ENOUGH, UH, OF THOSE REQUESTS TO THE CITY THAT UH, THOSE POLES CANNOT BE MOVED. UH, SECOND THING THAT I THINK I WOULD LIKE TO, UH, ADVISE, INFORM YOU GUYS IS THAT IF WE WERE TO RELOCATE THAT SIDEWALK TOWARDS THE BUILDING, UM, WE DON'T THINK THE KIDS GOING TO THE SCHOOL WILL TAKE A DETOUR FIVE FEET OR 10 FEET INWARD TO OUR PROPERTY, CLIMB UP A BIT, LITTLE BIT, CLIMB UP A LITTLE BIT, AND THEN COME DOWN TO GO BACK TO THE SIDEWALK. UH, WE THINK KIDS PROBABLY GONNA START WALKING ON THAT, UH, LUCAS FEET. SO BASED ON THAT, WE, WE WOULD LIKE TO REQUEST THAT THE EXISTING SIDEWALK, WHICH IS A FUNCTION OF FIVE FEET WIDE SIDEWALK, SHOULD BE ALLOWED. AND THE STREET, UH, SORRY, THE SCHOOL IS ON LUCAS, IS THAT CORRECT? YES, IT'S RIGHT BEHIND, UH, OUR PROPERTY. THANK YOU. AND YOU ARE TALKING ABOUT PUTTING THE LANDSCAPING ON THE SITE. UH, WE ARE GONNA ADD TREES BASED ON THE ARBOR RECOMMENDATION. IT'S JUST GOING FURTHER IN TO AVOID THE UTILITY LINES THAT RUN ON TOP AS WELL. SO THE ONLY DIFFERENCE THINK ABOUT IS INSTEAD OF HAVING THOSE AN PARK LANE, THE TREE IS GONNA BE MOVED CLOSER TO OUR PROPERTY. DO YOU WANNA VENTURE AN OPINION ON THE SPIRIT AND INTENT OF THE LANDSCAPING SUBSECTION OF PD 1 93? WE, WE WOULD LIKE, IT'S OUR FAMILY FAVORABLE OUTCOME OUT OF IT. 'CAUSE WE'VE BEEN TRYING TO GET THIS CLEARED FOR PAST FOUR YEARS. UH, AND OBVIOUSLY NOT THIS ISSUE WAS, UH, HOLDING OUR PERMITS, BUT AT LEAST THIS PARTICULAR ISSUE HAS BEEN HOLDING UP THE PAST ONE YEAR. DID IT TAKE YOU A YEAR TO GET A HEARING HERE? UH, YEAH. INITIALLY WE WERE TRYING TO GET TO ENGINEERING TO SEE IF ENGINEERING WOULD GIVE US EXCEPTION. THEY PUSH IT OVER TO THE LANDSCAPERS AND AFTER A FEW MONTHS WE WERE REFERRED OVER HERE. SO THE TREES ARE GONNA BE IN THE FRONT YARD, CORRECT? IT'S GONNA BE THE SAME AMOUNT OF LANDSCAPING? CORRECT. THE ONLY DIFFERENCE, INSTEAD OF BEING IN THE PARK LANE, IT IS GONNA BE PUSHED BACK CLOSER TO THE PROPERTY. IT DOESN'T MATTER IN THE, I TRYING TO REMEMBER WHETHER I, I JUST SAW A NEAT ROW OF A LANDSCAPING UP AND DOWN THAT STREET. I DON'T REMEMBER SEEING, UH, THERE ARE SOME EXISTING TREES THAT ARE PLANTED, UH, BEHIND THE EXISTING SIDEWALK. NO, I'M JUST THINKING UP AND DOWN STREET IN NEIGHBORHOODS. I DON'T REMEMBER SEEING ANYTHING THAT LOOKED LIKE A BOULEVARD, BUT LIKE THERE, BUT IF I'M WRONG, I, IF ANYONE HAS QUESTIONS, I'M JUST READING THE ALTERNATE LANDSCAPE PLAN IS WHAT WE HAVE IN FRONT OF US. UH, THEY'RE PART OF THE PACKAGE. SO THE ONLY DIFFERENCE IS WHERE, WHERE THE LANDSCAPING IS PLANTED. UH, WHAT ABOUT THE CONDITION OF THE CRIME? PRESUMABLY A NEW SIDEWALK WOULD HAVE NEW CONCRETE, UH, THE CRACKED THAT'S RIGHT IN FRONT OF IT. THAT RIGHT. SO WHAT YOU WOULD, IF YOU DIDN'T GET THIS, THEY, THEY'RE SAYING YOU HAD, YOU KNOCK OUT THE EXISTING SIDEWALK, PLANT TREES AND GO UP AND DOWN. SO, SO, [01:40:01] SO THINK ABOUT IT. IF YOU HAVE A KIDS GOING UP TO THE SCHOOL AS THEY COME TO OUR PROPERTY, THE EXISTING SIDEWALK WILL NOT BE THERE. IF YOU HAVE TO WALK INWARD TO OUR PROPERTY MM-HMM . GO, YOU KNOW, 10, 20 FEET AND THEN COME BACK AGAIN TO GO TO SCHOOL. BUT THAT'S WHERE WE THINK THAT MOST OF THE KIDS ARE NOT GONNA DO THAT. THEY'RE GONNA START WALKING ON THE LUCAS DRIVE, WHICH IS A PRETTY BUSY STREET DURING SCHOOL HOURS. THEY ALSO NEED START DOING THAT, YOU KNOW, A DA STUFF AND THAT OR UP DOWN, ESPECIALLY SINCE IT'S RIGHT NEXT TO SCHOOL. UM, OKAY. THANK YOU. THANK YOU. ARE THERE OTHER SPEAKERS IN FAVOR? ARE THERE SPEAKERS IN OPPOSITION? NO, THE SPEAKER'S REGISTER, SIR. OKAY. UM, TECHNICALLY YOU ARE ALLOWED A REBUTTAL OF YOURSELF. IF THERE'S ANYTHING ELSE YOU NEED TO SAY, SAY IT PLEASE. OKAY. UH, IS THERE A MOTION, MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION. MR. CHAIRMAN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 2 8 ON APPLICATION OF FAISAL RAYMOND GRANT, THE REQUEST THIS APPLICANT FOR SPECIAL EXCEPTION TO THE LANDSCAPE REQUIREMENTS CONTAINED IN PD 1 9 3 'CAUSE OUR EVALUATION OF THE PROPERTY, THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE SPECIAL EXCEPTION WILL NOT COMPROMISE THE SPIRIT AND INTENT. SECTION 51 P DASH 1 93 1 26 OF THE DALLAS DEVELOPMENT CODE. I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. CLIENTS WITH A SUBMITTED REVISED LANDSCAPE PLAN IS REQUIRED. IS THERE A SECOND? I, I, SECOND. SECOND. BUT MILLIKEN, SO MR. FINNEY'S MOTION SECOND BY MR. MILLIKEN. MR. FINN YOUR MOTION? YEAH, UM, I THINK, UM, I THINK THE, THE CLIENT, UM, MADE IT VERY CLEAR THAT THE, THE ONLY FEASIBLE SOLUTION FROM A SAFETY STANDPOINT IS MAINTAINING THE CURRENT LOCATION OF THE SIDEWALK. UM, AND I THINK THEY, UH, ACCOMMODATED THE, THE LANDSCAPE REQUIREMENTS AS BEST THEY COULD. UM, SO I SEE NO OBJECTIONS MR. MILLIKEN AND I BELIEVE THAT THE, UH, APPLICANT IS, UM, FOLLOWING THE SPIRIT OF THE S AND UH, WITH THE HARDSHIP OR RESTRICTIONS OF SOME OF THE, UH, LINES THAT THEY'RE DEALING WITH, IT'S, UM, AND HAVING TO, TO REALLY GO UP WITH THEIR PLANTINGS, I THINK IT'S, UM, THEY'RE DOING THE BEST THAT THEY CAN WITH, UM, THAT SITUATION. SO I SUPPORT IT WITH THE PLANTING, UH, ON THE PROPERTY VERSUS THE, UM, THE PARKWAY AS I UNDERSTAND IT. PLEASE TELL ME THE ASK IS TO DO NOTHING. THE PD FIRST TALKS ABOUT A, A DISPOSITION TOWARDS MOVING A SIDEWALK IN ORDER TO PRESERVE EXISTING, UM, THAT ISN'T THE CASE HERE AS I UNDERSTAND. UM, THE SIDEWALK ALSO IN THIS CASE, IT'S SAYING, ALRIGHT, MOVE THIS SIDEWALK. IF, IF IT'S UH, UH, IF, IF, IF NOT MOVING, IT WOULD, WOULD, UH, PUT YOU IN CONFLICT WITH OTHER LANDSCAPE. UM, AND THEN IT'S VERY SPECIFIC ABOUT PARALLEL TO BETWEEN, WELL, FIVE AND 10 FEET. SO ABSENT, I MEAN, THERE'S SOMETHING GOING ON HERE I DON'T UNDERSTAND. I KNOW THAT, UM, ABSENT MR. IRWIN OR MR. FINNEY TELLING ME SOMETHING DIFFERENT, I, [01:45:01] THE ONLY THING I'D LOVE TO SEE IS, IS, UH, NOT A CRACKED SIDEWALK. THAT THAT ISN'T WHAT'S A PAN. UM, MOVING IT UP AND AROUND, CREATES SLOPE ISSUES, ALL KINDS OF THINGS THAT DON'T EXIST AS IT STANDS, I THINK FROM THE PICTURES I SAW. UH, SO I, I DON'T, I, I MEAN, JUST FROM WHAT I'VE READ HERE, I DON'T SEE ANYTHING THAT CONFLICTS WITH WHAT THE PD IS TELLING. SO ABSENT SOMEBODY CONVINCING ME, OTHERWISE, I'LL SUPPORT THE MOTION. OKAY, MS. WILLIAMS? MR. MILLIKEN? I, MR. SINGTON? AYE. MR. NEY? AYE. MR. VICE CHAIR? AYE. MOTION TO GRANT PASSES. 4 2 0 AYE IT IS 3:09 PM CONGRATULATIONS. THANK YOU. IT'S 3:09 PM ON AUGUST 18TH, 2025. BOARD OF ADJUSTMENT PANEL CS ATTORNEY. * 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.