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READY.

[Board of Adjustments: Panel B on August 20, 2025.]

[00:00:03]

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, AUGUST 20TH, 2025 WITH THE TIME 1:01 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENTS PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON IN A HYBRID VIDEO CONFERENCE, A QUORUM, WHICH IS A MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT.

AND THEREFORE WE CAN, WE CAN PROCEED WITH THIS MEETING.

UM, ME, UH, MEMBERS PRESENT ARE MYSELF, SHERRY GABO, PARKER GRAHAM, MICHAEL DORN, AND PHIL SAUTE.

STAFF MEMBERS PRESENT INCLUDE, UM, THERESA KYLE, THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, UM, DR.

CAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR.

UM, LET ME DO, EVERYBODY'S BACK HERE.

OKAY.

UM, BUT I KNOW YOU'RE MELISSA .

THANK YOU VERY MUCH.

ALRIGHT.

THE BOARD OF ADJUSTMENT IS A QUASI-JUDICIAL BOARD.

SO ALL CORRESPONDENCE, THIS BOARD IS LIMITED TO THE ITEMS YOU GAVE TO STAFFER IN THE DOCKET AND PUBLIC TESTIMONY AT THE PUBLIC HEARING THIS AFTERNOON.

THERE CAN BE NO COMMUNICATION ON PENDING APPEAL OR CASE BETWEEN BOARD MEMBER, BOARD MEMBERS AND THE APPLICANT NOR THE PUBLIC PRIOR TO THE PUBLIC HEARING THIS AFTERNOON AT 1:00 PM THE PURPOSE OF THE BRIEFING THIS MORNING IS FOR THE, OH, SORRY.

BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.

MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.

WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.

WE OPERATE UNDER CITY COUNCIL, APPROVE RULES AND PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE, NO ACTION OR DECISION ON A CASE SETS PRECEDENT.

EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE.

WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING.

ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE'LL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.

THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.

APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATOR OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.

ALL OF THEIR MOTIONS REQUIRE SIMPLE MAJORITY VOTES.

SO JUST TO CLARIFY TODAY WITH ONLY FOUR MEMBERS, FOR US TO APPROVE SOMETHING, IT WILL HAVE TO BE FOUR AFFIRMATIVE VOTES.

UM, LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.

ANYONE DESIRING TO SPEAK TODAY MUST REGISTERED IN ADVANCE WITH OUR BOARD SECRETARY.

EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES, OR A SPECIFIC CASE IS CALLED FOR, CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.

ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.

NO TELECONFERENCING WILL BE ALLOWED BY A WEBEX.

ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.

UM, AND THEN IF WE CAN, UM, HAVE A MOTION FOR OUR MINUTES APPROVAL FROM MAY OF, MAY, MAY 21ST, 2025.

UH, I'LL MAKE A MOTION TO APPROVE THE MAY 21ST, 20, 25 MINUTES.

SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

AND FROM HERE ON OUT, WE'LL DO A ROLL CALL VOTE.

UM, AND I THINK OUR, DO WE HAVE ANY TESTIMONY, PUBLIC TESTIMONY TODAY? NO REGISTER FROM SPEAKERS.

ALL RIGHT.

DO I HAVE A, UM, MOTION FOR THE UNTESTED ITEMS IN THE DOCKET? UH, YES.

SO I MOVE THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BO OA 25 0 0 0 1 7 APPLICATION OF PHILIP KINGSTON BRA.

A SPECIAL EXCEPTION TO THE LANDSCAPING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED BO OA 25 0 0 0 21 APPLICATION OF ROB BALDWIN FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT STANDARDS AND SURFACE AREA OPENNESS REQUIREMENTS FOR FENCES AND A SPECIAL EXCEPTION FROM THE VISUAL OBSTRUCTION REGULATIONS OF THE DRIVER APPROACH IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.

BO OA 25 0 0 0 2 4 APPLICATION OF MONIQUE EVERETT

[00:05:01]

FOR VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED IN THE DEV DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.

AND FINALLY, BO A 2 5 0 0 0 3 1 APPLICATION OF ALIA PORUS FOR A VARIANCE TO THE LOT COVERAGE REGULATIONS AND A SPECIAL EXCEPTION TO THE SIDE YARD SETBACK REGULATIONS FOR A CARPORT CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS, ONE.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

TWO STORAGE OF ITEMS OTHER THAN MOTOR VEHICLES IS PROHIBITED IN THE CARPORT.

ARE THERE ANY COMMENTS OR DO WE HAVE A SECOND? UM, I'LL SECOND THE MOTION OR I GUESS NOW WE CAN TAKE A ROLL CALL VOTE.

MR. GRAHAM? YES.

MR. DORN? YES.

MR. SAUK? YES.

MS. VICE CHAIR? YES.

MOTION FOR GRAHAM PASSES.

FOR AND WE WILL MOVE ON TO OUR, UM, ONE INDIVIDUAL CASE ON THE DOCKET TODAY, WHICH IS BO OA TWO FIVE DASH 0 3 0, WHICH IS 54 51 VANDERBILT AVENUE.

IF THE APPLICANT WILL PLEASE STEP FORWARD, UM, TO THE PODIUM.

AND, AND I ALSO LIKE TO ALWAYS MENTION WHENEVER WE DON'T HAVE A FIVE PERSON PANEL, UM, IF FOR ANY REASON YOU WOULD LIKE TO HAVE A FIVE PERSON FULL PANEL, YOU CAN POSTPONE YOUR, UM, HEARING AND WAIT UNTIL ANOTHER TIME TO DO IT.

BUT, UM, I JUST LIKE TO ALWAYS MAKE SURE THAT THE APPLICANT KNOWS THAT THEY HAVE A CHOICE IN THAT WHEN THERE'S NOT A FULL PANEL.

OKAY.

I, I JUST, YEAH.

TURN ON IF YOU CAN TURN ON YOUR MICROPHONE, THAT WOULD BE GREAT.

OH.

UM, WE WERE NOT EXPECTING THIS, BUT ONE OF OUR NEIGHBORS JUST WALKED IN THE DOOR.

UM, I DON'T KNOW IF SHE'S REGISTERED TO SPEAK OR NOT, BUT SHE'S, SHE'S NOT, IF SHE WOULD LIKE TO SPEAK, SHE NEEDS TO FILL OUT ONE OF THE BLUE SHEETS IN THE FRONT.

SORRY, WE'RE ALL NEW TO THIS, SO TOTALLY UNDERSTAND.

WELL, WHAT WE'RE, WHAT WE'RE GONNA START WITH IS WE'RE GONNA HAVE YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN UM, OUR BOARD SECRETARY WILL, UM, SWEAR YOU IN.

I'M LAURA STUCKEY.

AND I'M TROY STUCKEY.

OKAY.

AND WE'RE THE RESIDENCE OF 5 4 5 1 .

OKAY.

WE'RE ALSO THE OWNERS OF 5 4 5 1.

OKAY.

UH, MAKE SURE THAT WHEN YOU SPEAK, YOU GET CLOSER TO THE MIC SO THAT EVERYTHING IS RECORDED.

OKAY.

UM, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.

YES.

OKAY.

PLEASE PROCEED.

OKAY.

WELL, I MEAN, WHAT, OH, THERE'S NO SLIDES.

OKAY.

WE PUT LITTLE SLICER TOGETHER.

TOGETHER.

UM, FIRST WE WANTED TO MAKE SURE WE ALL UNDERSTOOD WHY THIS RULE EXISTS FOR THE SETBACK.

I'M SORRY, IS THE, IS THE LIGHT GREEN? THE LIGHT'S GREEN.

OKAY.

OKAY.

SO THE WHY THE SETBACK RULE EXISTS IS TO MAINTAIN A DRIVEWAY DISTANCE ON THE EAST SIDE OF THE PROPERTY.

SO THAT IS, THEY WANNA HAVE A 10 FOOT DISTANCE ON THAT SIDE SO THAT YOU CAN GET A CAR BACK.

WE NEVER HAD THAT.

WE HAVE A NINE FOOT DISTANCE BASICALLY FROM THE HOUSE TO OUR SURVEY LINE.

THAT'S THE WAY IT'S, WE CHANGE THE SLIDE.

OH, SORRY.

IT'S OUR NEXT SLIDE.

SO 5 5 1 VANDERBILT IS AN UNUSUAL LOT BECAUSE THE NEIGHBOR'S LOT IS THE ONLY HOUSE ON THE BLOCK WITH A WEST SIDE DRIVEWAY THAT IS SHARED WITH US.

SO WE DO HAVE A DOUBLE DRIVEWAY.

SO WE DO HAVE A 10, YOU KNOW, MORE THAN A 10 FOOT DISTANCE FOR OUR DRIVEWAY.

IF YOU PUT THE TWO TOGETHER, YOU CAN SEE FROM THIS PICTURE.

SO WHEN WE FIRST STARTED OUR REMODEL, WE HAD A PERMIT FOR REMODELING OUR HOME AND WE HAD ONLY GOING TO CHANGE PART OF THAT INSET.

IT WAS A SMALL PROPOSED, LIKE PART OF IT, I THINK IT WAS FOUR FEET OF THAT INSET WE WERE GONNA TAKE OUT, WHICH WERE THE STAIRS, SOME OF OUR CONCRETE STAIRS.

UM, AND INSET THAT INTO THE HOUSE.

WE WERE GONNA REMOVE A DOOR.

IT WAS ACTUALLY TWO DOORS THERE, TWO SETS OF CONCRETE STAIRS, A LOT OF DOORWAYS, A LOT OF ENTRANCES.

WE HAVE CHILDREN.

WE DIDN'T REALLY WANT PEOPLE BEING ABLE TO GET INTO THEIR BEDROOMS OR OUR BEDROOMS AT NIGHT.

UM, WE, WHEN OUR CONTRACTOR WENT AHEAD AND MADE THE CHANGES, HE ACTUALLY SAID IT WAS EASIER FOR HIM TO JUST DO A STRAIGHT LINE AND FILL IN THE WHOLE THING.

AND HE, WE ASKED HIM IF HE HAD HAD PERMITS TO DO IT.

HE, YOU KNOW, UPDATED THE PERMITS.

HE SAID HE DID, HE DID NOT.

SO

[00:10:01]

WE ENDED UP, UM, YOU KNOW, COMING INTO THIS PROBLEM ONCE WE FIRED HIM AND HAD TO GO THROUGH OUR PERMITTING ISSUES.

UM, YOU KNOW, THIS IS NOT THE ONLY TIME HE HAD BUILT OUTSIDE OF OUR PLANS.

HE ALSO, UM, CHANGED OUR FRONT WINDOW, WHICH WE ARE WORKING ON FIXING WITH THE CONSERVATION DISTRICT.

RATHER THAN, UM, PUTTING A GRID LINES IN WHICH WERE IN OUR PLANS, HE, UM, REPLACED IT WITH A WINDOW SIMILAR TO THE ONE WE HAD.

SO RIGHT NOW WE'RE WORKING ON GETTING SOME LYTIC GLASS PUT IN THERE AND HE ALSO, UM, REMOVED OUR FRONT DOOR WITHOUT THE PERMITS TO DO SO.

SO NOW WE'RE WORKING ON PUTTING A FRONT DOOR OR ANOTHER DOOR ON THE SIDE OF THE HOUSE WITHIN THE CORRECT, UM, FOOT SQUARE FOOTAGE.

SO WE'RE WORKING ON CHANGING THE THINGS THAT WE CAN CHANGE, BUT THIS ONE FOOT ON THE SIDE OF THE HOUSE IS VERY, VERY DIFFICULT TO CHANGE.

IT WOULD BE QUITE COSTLY AND QUITE DIFFICULT AND, YOU KNOW, IT DOESN'T REALLY IMPACT ANYTHING 'CAUSE WE STILL DON'T HAVE THE 10 FOOT, UM, INTO THIS, THE DIFFERENCE.

AND YEAH, MAYBE WE CAN GO TO THE NEXT SLIDE.

UM, SO YOU CAN SEE IN THIS SLIDE, THIS IS ACTUALLY A PICTURE OF THE ACTUAL CONSTRUCTION THAT TOOK PLACE.

UM, THE BEAM THAT THOSE GENTLEMEN ARE WORKING ON, UM, THAT'S WET CONCRETE AT THE TIME.

THAT IS THE BEAM THAT WAS, UM, PLACED TO INFILL THE ENTIRE AREA.

THE GENTLEMAN ON THE LEFT WHO'S CLOSEST TO THE HOUSE, NONE OF THAT'S IN QUESTION.

THAT'S ACTUALLY MORE THAN 10 FEET.

UM, THE BEAM ITSELF IS ABOUT 12 TO 14 INCHES.

SO THAT, THAT IS ACTUALLY WHAT IS IN QUESTION IS, IS THAT DISTANCE ON THAT BEAM YOU'LL SEE A LITTLE GREEN ARROW AND WHEN WHAT YOU SEE THERE IS FOUR FEET, 10 AND THREE EIGHTHS INCHES THAT WAS ACTUALLY APPROVED IN ERROR BY THE CITY.

AND OR INITIALLY WE WERE GOING TO JUST FILL IN THAT AREA AND AS LAURA SAID, UH, THE CONTRACTOR HAD RECOMMENDED THAT HE JUST PUSH IT STRAIGHT 'CAUSE IT WOULD BE CLEANER AND IT WOULD BE EASIER FOR HIM TO BUILD.

UM, I'LL COME BACK TO THE CITY APPROVAL IN A MINUTE, BUT, BUT THAT'S THE AREA THAT WE'RE TALKING ABOUT.

IF YOU CAN GO TO THE NEXT SLIDE PLEASE.

HERE'S JUST ANOTHER PICTURE OF THAT INFILL CONSTRUCTION.

UM, AGAIN, YOU CAN SEE THE BEAM THAT'S IN QUESTION.

IT'S, IT'S LITERALLY 1212 TO 14 INCHES.

UM, NEXT SLIDE.

OKAY.

UM, AS LAURA POINTED OUT, UM, SHE'S ALREADY ACTUALLY COVERED THIS PART.

UM, WE, WE HAD MULTIPLE CONTRACTOR ISSUES.

UH, THE CITY HAS BEEN VERY EASY, UH, TO WORK WITH.

UM, AT THIS POINT WE HAD TO GO INTO A LAWSUIT WITH THE CONTRACTOR AND IT WENT ON FOR SEVERAL YEARS AND THAT'S NOW RESOLVED.

SO NOW WE'RE BEFORE YOU SO WE CAN MOVE FORWARD WITH THE, THE FINAL CHANGES.

IF YOU CAN GO TO THE NEXT SLIDE POINT PLEASE.

SO WHY SHOULD WE GET AN EXEMPTION? WELL, THE NEW CONSTRUCTION FOR THE EAST SIDE OF THE HOUSE MAINTAINS THE EXISTING SETBACK THAT WAS BUILT IN 1930.

UH, SINCE, UM, THE HOUSE HASN'T BEEN CHANGED SINCE 1930 UNTIL WE DID THIS INFILL.

UM, WE UNDERSTAND THAT MOST OF THE CONSERVATION DISTRICTS PROVIDE AN EXCLUSION FOR PROPERTIES TO MAINTAIN THE EXISTING SETBACKS AND OUR GRANDFATHERED IN THE CONSERVATION RULES.

BUT FOR SOME REASON, MANY YEARS AGO, OUR CONSERVATION DISTRICT, WHEN ALL THAT WAS PASSED, THEY DIDN'T INCLUDE THAT.

UM, THE AREA THAT WE ARE REQUESTING IS LITERALLY 12 SQUARE FEET.

IT'S ONE FOOT BY 12 FEET ON THAT BEAM THAT YOU COULD SEE IN THE PICTURE.

UM, ALL THE HOUSES ON THE NORTH SIDE OF VANDERBILT, WHICH IS OUR SIDE, UM, WERE BUILT PRIOR TO THE 10 FOOT ROLL, UH, RULE WITH THE EXCEPTION OF THE TWO HOUSES ON THE CORNER.

THAT'S WHY WE SHARE A DRIVEWAY WITH ONE OF OUR HOUSES.

UM, 'CAUSE IT WAS BUILT I THINK IN 1950, UM, MOST OF THE HOUSES HAVE ACTUALLY LESS THAN 10 FEET OF THAT SIDE YARD SETBACK.

UM, THE NEIGHBOR TO OUR EAST, UM, HAS NINE FEET, THREE INCHES.

THE NEIGHBOR TO OUR WEST, WHO HAPPENS TO BE SITTING HERE HAS EIGHT FOOT, UH, EIGHT FEET, FOUR INCHES.

AND NOW WITH WHAT WE'VE DONE, WE HAVE NINE FEET.

SO WE'RE KIND OF RIGHT IN THE MIDDLE OF WHAT EVERYBODY HAS.

YOU CAN CHANGE THE SLIDE.

OH, OKAY.

IT'S NOT LIKE WHICH, WHICH IS, YOU'LL SEE IN THIS PICTURE.

SO IN THIS PICTURE YOU CAN SEE THAT ALL WE DID WAS ENCLOSED AN AREA THAT WAS ALREADY BEING USED, THE CONCRETE STAIRS THAT LAURA HAD REFERENCED.

YOU CAN SEE THEM TO THE RIGHT AND TO THE LEFT.

YOU CAN SEE THE TWO DOORS THAT WERE PREEXISTING.

YOU CAN ALSO SEE, UM, THAT THE STAIRS, THEY CAME OUT SEVERAL FEET AND WERE ABOUT ONE INCH AWAY FROM BEING FLUSH TO THE NINE FEET NORTH AND SOUTH, UM, EASTERN WALL.

UM, ANYWAY, SO THE WAY IT WAS IS WE WERE LITERALLY THE, THE WHOLE AREA WAS LITERALLY, UM, AT, AT THE NINE, NINE FEET.

AND,

[00:15:01]

AND WE HAVE NEVER BEEN, WE, WE BOUGHT THE HOUSE IN 2004.

WE HAVE NEVER BEEN ABLE TO PUT A CAR, UM, ON THAT SIDE OF IT.

I MEAN, IT, IT JUST DIDN'T FIT UNLESS WE USED THE NEIGHBOR'S DRIVEWAY TO DO IT.

UM, IF YOU CAN GO TO THE NEXT SLIDE PLEASE.

SO AGAIN, WHY SHOULD WE GET AN EXEMPTION? WELL, WE MADE THE AREA FLUSH TO THE EXISTING FRONT AND BACK SETBACKS ON THE EAST SIDE OF THE HOUSE.

UM, IT WOULD BE AWKWARD TO HAVE A, A ONE FOOT INSET OF 12 FEET IN THE MIDDLE OF THE WALL ON THE EAST SIDE OF THE HOME.

AND EVEN THOUGH WE DON'T REALLY LIKE OUR CONTRACTOR, 'CAUSE WE HAD TO GO THROUGH A LOT OF, UM, LEGAL ISSUES WITH HIM.

I THINK HE WAS RIGHT IN THE SENSE THAT IT DOES LOOK CLEANER, AT LEAST IN OUR OPINION.

NEXT SLIDE.

UM, WE DO HAVE NEIGHBORHOOD SUPPORT.

I DON'T KNOW IF YOU ALL HAVE BEEN PROVIDED, BUT WE, WE RECEIVED, I WAS ABLE TO REACH 78% OF OUR NEIGHBORS WITHIN THE 200 FOOT RADIUS.

AND WE HAVE A SIGNED PETITION THAT THEY HAVE ALL SIGNED.

UM, NO ONE OPPOSED IT.

EVERYBODY SIGNED IT, WASN'T ABLE TO REACH EVERYBODY.

UM, BUT IT'S SUMMER AND A LOT OF PEOPLE ARE STILL ON VACATION.

UM, WHEN I WAS DOING MY, MY WALK AROUND.

UM, SO AT, AT THIS POINT, UM, FROM OUR PERSPECTIVE, 78% OF OUR, OUR NEIGHBORS, UM, OUTWARDLY SUPPORT US ON THIS.

UM, IT DOES NOT IMPACT ANY OF OUR NEIGHBORS.

IT DID, DOES NOT IMPACT US NEGATIVELY.

UH, WE DID NOT CHANGE THE EXISTING SETBACK FOR OUR DRIVEWAY BECAUSE THE STAIRS WERE THERE PREEXISTING WE NEVER COULD, UM, GET THE CAR UP IN THERE.

UH, IT IS AN UNUSUAL LOT BECAUSE WE ARE THE ONLY HOUSE ON THE STREET THAT HAS A DOUBLE DRIVEWAY.

AND OF COURSE, UM, AS YOU CAN SEE FROM THE PRIOR PICTURE, THE COST OF HAVING TO TEAR DOWN 12 SQUARE FEET TO MOVE IT ONE FOOT OF THAT BEAM WOULD BE REALLY, REALLY EXPENSIVE.

UM, WE HAVE TALKED TO A COUPLE OF CONTRACTORS AND AT THIS POINT WE CAN'T EVEN ENTERTAIN IT.

NO ONE'S EVEN GIVEN US SOME BID 'CAUSE THEY, I DON'T, I DON'T KNOW, THEY'RE JUST NOT INTERESTED.

UH, WE WANT TO BE COMPLIANT WITH THE CODES OF THE CITY AND WE ARE FIXING THE OTHER TWO CONSERVATION DISTRICT ISSUES AS LAURA MENTIONED, THE STAINED GLASS AND THE DOOR.

UM, BUT MOVING THE WALL WOULD BE VERY DISRUPTIVE FOR US AND FRANKLY IT WOULD BE DISRUPTIVE FOR OUR NEIGHBORS BECAUSE OF THE CONSTRUCTION PROJECT THAT, UM, WE ALREADY WENT THROUGH AND IS NOW FINISHED.

AND NEXT SLIDE.

UM, SO WE RESPECTFULLY ASK THAT YOU PLEASE GRANT OUR REQUEST FOR APPROVAL OF OUR SIDE YARD SETBACK.

THANK YOU.

UM, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? DO WE WANNA, UM, CAN WE HEAR, WOULD YOU LIKE TO SPEAK? HEY, I'M SORRY.

YOU NEED TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN WE'LL SWEAR YOU IN.

I'M SO SORRY.

NO, YOU'RE GOOD.

I'M SARAH JANE FIORELLO AND I LIVE AT 54 47 VANDERBILT AND I HAVE LIVED THERE FOR 46 YEARS.

I SWEAR YOU IN.

I NEED TO SWEAR YOU IN.

YES, I'M SORRY.

SHE'S GONNA SWEAR YOU IN.

OH, OKAY.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.

OKAY.

PLEASE PROCEED.

OKAY.

UH, I TOTALLY AGREE THAT THIS MAKES THE HOUSE LOOK BETTER.

SO MANY OF OUR HOMES ON VANDERBILT AND OTHER PLACES THERE IN THE M STREETS HAD THIS LITTLE INSET, EVEN THOUGH THE HOUSES HAVE OTHER PARTS THAT, THAT SCOOP OUT FURTHER.

AND, UM, THEY HAVEN'T DONE ANYTHING OTHER THAN MAKE THEIR HOME LOOK BETTER.

IT DOESN'T ENCROACH ON ANYBODY ELSE'S PROPERTY.

IT LOOKS GREAT.

IT'S BEHIND FENCE.

ACTUALLY.

IF IT WERE ON MY SIDE OF THE, OF THE HOU OF OF, OF THE HOUSE, IT WOULD BE A PROBLEM 'CAUSE THERE'S NO ROOM.

BUT ON THAT SIDE, THERE'S, THERE'S ALL THE ROOM NECESSARY TO MAKE THE HOUSE IN THE LINE.

AND, UM, I LOVE IT.

I THINK IT'S GREAT AS A, AS A PERSON WHO HAS LIVED IN THE NEIGHBORHOOD FOR AS LONG AS I HAVE, I SO APPROVED THE CONSERVATION DISTRICT.

AND I FEEL THAT ANYONE WHO CAME IN AND LOOKED AT THIS HOUSE NOW THEY WOULD THINK THAT IT IS A, THIS WALL IS ORIGINAL TO THE HOUSE.

AND, UM, I GUESS THAT'S ALL I HAVE TO SAY EXCEPT THAT I TOTALLY APPROVE IT.

THANK YOU SO MUCH FOR COMING DOWN.

WE APPRECIATE IT.

ABSOLUTELY.

DOES ANYBODY HAVE ANY QUESTIONS FOR, DO WE HAVE ANY QUESTIONS FOR, ARE THERE ANY OTHER SPEAKERS? NO, THE SPEAKERS, I JUST, UM, I GUESS I WOULD JUST LIKE TO HEAR FROM OUR CONSERVATION SPECIALIST ON YOUR THOUGHTS ON THIS ONE.

YEAH.

UM, CONSERVATION IS IN SUPPORT OF THIS.

UM, AS THEY ALLUDED TO, THEY'RE NOT EXCEEDING AN ALREADY NON-CON, NON-CONFORMING SETBACK.

THEY'RE JUST MAINTAINING IT.

IT'S NOT CAUSING AN ADVERSE EFFECT ON THE STRUCTURE OF THE PROPERTY OR THE DISTRICT AS A WHOLE.

UM, AND EVERYTHING THAT THEY'VE

[00:20:01]

DONE ARCHITECTURALLY WIDE, THIS COMPATIBLE WITH THE STYLE OF ARCHITECTURE.

SO LEARN, SUPPORT, AND BRAND FAMOUS VARIANTS.

ANY OTHER QUESTIONS? NOPE.

OKAY.

DO I HAVE A MOTION? I MOVE THAT THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BOA DASH 25 0 0 0 3 0 ON APPLICATION OF TROY STUCKEY GRANT, A ONE FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATION 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 PROVISION OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE 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.

SECOND.

SECOND.

ANY DISCUSSION? I WHOLEHEARTEDLY AGREE.

WE'LL TAKE A ROLL CALL VOTE.

OKAY.

MR. DORN? YES.

MR. SAE? YES.

MR. GRAHAM? YES.

MS. VICE CHAIR? YES.

MOTION PASSES.

FOUR ZERO.

THANK YOU SO MUCH.

THANK YOU FOR COMING IN.

ALRIGHT, UM, AND WE WILL ADJOURN THE MEETING AT 1:22 PM I.