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[00:00:01]

GOOD AFTERNOON.

WELCOME TO THE BOARD OF ADJUSTMENT PANEL

[Board of Adjustments: Panel C on September 15, 2025.]

C.

IT IS 1:03 PM ON MONDAY, SEPTEMBER 15TH, 2025.

UH, MY NAME IS ROBERT AGNI.

I SERVE AS VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AS A WHOLE, AND AS PRESIDING OFFICER OF THIS PANEL C WE HAVE A QUORUM, SO WE ARE DULY CALLED TO ORDER.

UH, WITH US TODAY ARE MEMBERS WHO SERVE AT THE BEHEST OF THE COUNCIL AND THE MAYOR, UH, AND WITHOUT COMPENSATION ARE REGULAR MEMBERS.

UH, ROGER SINGTON, RODNEY MILLIKEN, JARED SLADE, AND ALTERNATE ANDY FINNEY.

MR. FINNEY, WE ALWAYS APPRECIATE WHEN YOU, UH, BAIL US OUT.

OTHERWISE, WE ONLY HAVE FOUR, UH, GIVES US NO LEEWAY, SO THANK YOU, UH, ESPECIALLY TO MY RIGHT IS OUR BOARD ATTORNEY, THERESA CARLISLE, DR.

CAMIKA MILLER.

HOKS.

HOSKINS IS OUR BOARD ADMINISTRATOR, AND TO HER RIGHT IS MS. MARY WILLIAMS, OUR BOARD SECRETARY.

TO THE EXTENT YOU NEED TO PROVIDE SOMETHING TO THE BOARD OR SIGN A SPEAKER CARD, MARY IS THE PERSON, UH, YOU SHOULD, UH, GRAB HER ATTENTION.

UH, A FEW THINGS, UM, CONSISTENT WITH THE DALLAS DEVELOPMENT CODE, NO ACTION OR CASE SETS A PRECEDENT.

UH, EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES.

THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION TO THE BOARD.

WE MAKE DECISIONS BASED ON INDIVIDUAL PROPERTIES, NOT ON PERSONALITIES AND, AND NOT ON, UH, LARGE SCALE ZONING.

UM, WE HAVE BEEN BRIEFED BY STAFF PRIOR TO THIS HEARING, UH, THIS MORNING.

UH, WE'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASES AND WAS POSTED SEVEN DAYS PRIOR TO THIS PUBLIC HEARING ON THE BOARD'S WEBSITE.

ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD SHOULD BE SUBMITTED THROUGH MS. WILLIAMS AND WILL BE RETAINED FOR THE BOARD'S RECORDS, UM, AND APPROVAL OF A VARIANCE OF SPECIAL EXCEPTION OR REVERSAL OF A BUILDING, UH, OFFICIAL REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.

ALL OTHER MOTIONS ARE SIMPLE MAJORITY VOTES.

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

UM, ANYONE WISHING TO SPEAK IN THE PUBLIC HEARING PORTION OF OUR, UH, OF OUR HEARING TODAY, UH, SHOULD REGISTER WITH MARY.

JUST, UH, YOU WILL HAVE, UH, THREE MINUTES EACH.

UM, WHEN WE CALL THE CASE, UH, WE WILL GIVE THE APPLICANT FIVE MINUTES, THE OPPOSITION FIVE MINUTES, AND THE A, UH, AND THE APPLICANT A FIVE MINUTE REBUTTAL.

UH, WE WILL EXTEND THAT TIME AND WE'LL DO IT EQUITABLY.

UM, UH, THE, UH, PRESIDING OFFICER HAS THE ABILITY TO DO THAT.

UM, WE WON'T CUT YOU OFF IMMEDIATELY.

UH, NO TELECONFERENCING IS ALLOWED.

IF YOU'RE SPEAKING TO US REMOTELY.

YOUR FACE NEEDS TO BE, UH, ON THE SCREEN AT ALL TIMES.

OTHERWISE, YOU ARE COUNTED, UH, AS NOT PRESENT.

UM, ANY DECISION WE MAKE CAN AFFIRM, DENY, UH, APPROVE, NOT APPROVE OR MODIFY, UH, A REQUEST.

SO THAT SAID, UM, LET'S GET THROUGH, SHALL WE DO THE PUBLIC HEARING POST? MARY, UH, MS. WILLIAMS, ARE THERE SPEAKERS IN THE, UH, PUBLIC HEARING? NO PUBLIC SPEAKERS REGISTER, SIR.

UH, HEARING NONE.

UM, COULD I HEAR A MOTION ON OUR MINUTES FROM LAST MONTH, VICE CHAIR AGMAN OF MOTION? UH, I MOVE AT THE BOARD OF ADJUSTMENTS, UM, APPROVE THE MEETINGS FROM OUR AUGUST 15TH, 15TH, 18TH, 18TH MEETING, UM, AS, UM, UH, AS SUBMITTED SECOND.

MR. SLATE.

OKAY.

DISCUSSION.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

OPPOSED? AYE.

OKAY.

FUTURE VOTES WILL BE ROLL CALL.

UM,

[00:05:02]

I WANNA GRAB A COUPLE OF MOMENTS.

TODAY IS MY LAST HEARING, UH, AFTER 14 TO 15 YEARS.

I JUST WANT TO TAKE A QUICK MOMENT TO SAY THANK YOU.

UH, I WAS APPOINTED BY LINDA COOP, BENLEY, KLEINMAN, BEN, JANIE SCHULTZ, AND ERIC JOHNSON.

UH, I DON'T KNOW THAT YOU COULD GET TOO MANY DIFFERENT PEOPLE, UM, WHICH EITHER MEANS THEY LIKED WHAT I DID OR THEY COULDN'T FIND ANYBODY ELSE TO DO IT.

I DON'T KNOW.

I'M GONNA GO WITH THE FORMER, UM, BUT I'M LUCKY TO HAVE STUMBLED INTO, UH, THIS OPPORTUNITY.

UM, MY BIGGEST TAKEAWAY FROM, FROM ALL OF IT IS THAT WORKING WITH MEDIOCRE PEOPLE IS NOT WORKING TIME.

IT'S DANGEROUS.

IT, IT, IT HURTS THE OTHER PEOPLE IN THE ORGANIZATION AND THE CREDIBILITY OF WHAT YOU'RE DOING.

UM, I HAVEN'T WORKED WITH MEDIOCRE PEOPLE, UH, IN THIS POSITION.

I HAVE, UH, HAVE FOUND, ESPECIALLY RECENTLY THAT IT IS VERY, VERY HARD FOR PEOPLE TO DISAGREE AND RESPECT EACH OTHER AT THE SAME TIME.

UH, THE PEOPLE ON THIS BOARD AND THE THE PROFESSIONAL STAFF HAVE MANAGED TO DO IT FOR YEARS, UH, BOTH IN PUBLIC AND IN PRIVATE.

UM, YOU KNOW, BELIEVE IT OR NOT, THE THE WEIGHTY SUBJECTS THAT HAPPEN OVER LUNCH CAN INCLUDE, UH, HOW TO WRITE A LETTER FOR, TO GET A REFRIGERATOR FIXED, UM, AND INTO WEIGHTY SUBJECTS THAT, THAT, YOU KNOW, PRIOR TO AN ELECTION MOST AMERICANS COULDN'T HAVE.

UH, AND IN ALL CASES, WE WALKED AWAY WITH GENUINE RESPECT AND, AND THE ABILITY TO DISAGREE.

AND, UH, THAT ADAPTABILITY MAY WELL BE, AT LEAST IN MY OPINION, THE, UH, BIGGEST PREDICTOR OF EXCELLENCE, UH, THAT I KNOW OF IN, IN TODAY'S WORLD.

UM, LET IT BE KNOWN THAT MR. SINGTON AND JUDY P*****K, RODNEY MILLIKEN AND JERRY JARED SLADE, UH, ALLOWED THIS PANEL TO OPERATE AS A TEAM, DIDN'T REQUIRE A PRESIDING OFFICER TO PUT ANYBODY IN LINE OR IMPOSE, UH, WILL.

UH, AND THAT ALLOWED OR, YOU KNOW, SAID EXCELLENCE TO SHINE THROUGH.

UH, UM, I'D ALSO LIKE TO ACKNOWLEDGE THE, UH, THE STAFF WHO, UH, IT, IT WOULDN'T BE GOVERNMENT IF, IF PEOPLE DIDN'T COMPLAIN ABOUT, ABOUT MUNICIPAL STAFF.

UH, BUT I WOULD LIKE IT TO BE SAID THAT, UH, THAT NOBODY IN THIS, NOBODY IN THIS ROOM BEHIND, BEHIND HERE, HAS ANY EXCUSE TO BE BELOW AVERAGE IN ANYTHING YOU DO AND YOU'RE NOT HERE.

UM, YOU GUYS TOOK WHAT FRANKLY, WAS DISARRAY AND, UH, WERE WILLING TO WORK WITH US AND, UH, HELP US CREATE WHAT IS NOW, I BELIEVE, UH, A SITUATION WHERE AN APPLICANT CAN COME HERE.

AND WHETHER THEY GET WHAT THEY ASKED FOR OR NOT FEEL LIKE, UH, IT WAS A, WAS A, IT, THEIR, THEIR HEARING WAS BEFORE AN INFORMED BOARD.

WE MADE A DECISION BASED ON, UH, PRECONCEIVED STANDARDS.

AND I AM ON A PERSONAL LEVEL, UM, I WILL MISS, UH, I WILL MISS COMING HERE EVERY FOURTH MONDAY.

UNFORTUNATELY, YOU WILL FIND ME EVERY FOURTH MONDAY AT MY ACTUAL OFFICE.

AND, UM, I DON'T WANNA GO ANY LONGER EXCEPT TO JUST GIVE MY ABS MY GRATITUDE TO ALL OF YOU FOR ALLOWING THIS TO BE SUCCESSFUL AND, UM, AND REWARDED.

THANK YOU.

SO, DO WE HAVE A MOTION FOR OUR UNCONTESTED DOCKET? VICE AG? HAVE A MOTION, SIR.

I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM MY EVALUATION

[00:10:01]

OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WI IN THE CASE OF BDA 2 4 5 0 5 3, APPLICANT APPLICATION OF 20 GL REPRESENTED BY JUNE DONOVAN FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REQUIREMENTS AND SURFACE AREA OPENNESS REQUIREMENTS FOR FENCES IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS.

COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE CASE OF BO, A 2 5 0 0 0 0 3 5 APPLICATION OF DANNY GOLAN FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED THE DALLAS DEVELOPMENT CODE IS GRANTED SUB TO THE FOLLOWING CONDITIONS.

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

IS THERE A SECOND? I UNDER ANY SECOND? MR. ASHTON'S? I'M SORRY.

OUR ATTORNEY HAS ASKED FOR A, IT IS WORTH ASKING JUST TO BE SURE THAT, UH, IN, IN OUR, UH, ON OUR CONSENT AGENDA, WHICH IS CASE B 8 2 4 5 DASH 0 5 3, THAT THERE ARE NO SPEAKERS IN OPPOSITION AND I PRESUME, IS THERE A SPEAKER IN, IN OPPOSITION? OKAY.

UM, SO WHAT IS THE CORRECT, UH, WE NEED TO WITHDRAW THE MOTION.

TRUE.

MR. SINGTON, WOULD YOU WITHDRAW THE MOTION? SO FOR THE RECORD, I AM GOING TO WITHDRAW THE MOTION FOR 0 5 3 AND, UH, RESTATE THE MOTION TO APPROVE OR GRANT, UH, 0 0 0 0 3 5 ONLY.

I, I'M SORRY.

MR. SINGTON WOULD, WOULD YOU MIND RESTATING YOUR, YOUR CONSENT MOTION PURELY FOR WHICH IS OH FIVE THREE? THANK YOU.

SO, BECAUSE WE HAVE A SPEAKER, WE, WE ARE, UH, WE ARE GOING TO PULL OH THREE FIVE OFF OF OUR CONSENT AGENDA.

LEAVING, LEAVING ONE CASE ON OUR CONSENT TO DO VICE CHAIR MONDS.

I'D LIKE TO, UM, AMEND MY, WELL, I GUESS IT WAS AN EMOTIONAL, WHY DON'T YOU RETRACT IT? YEAH, JUST RACT IT.

I'D LIKE TO RETRACT MY, MY MOTION.

AND MR. FINNEY, WERE YOU THE SECOND? YES.

WOULD YOU SECOND MR. SING'S MOTION TO RETRACT? YES.

I SECOND.

I NEED A VOTE.

ALL IN FAVOR OF RETRACTING, UH, THE MOTION PLEASE SAY AYE.

AYE.

AYE.

OPPOSED? OKAY.

MOTION IS RETRACTED.

WE ARE BACK AT SQUARE ONE.

UH, IS THERE A MOTION ON OUR CONSENT AGENDA? VICE ? I HAVE A MOTION.

MR. SASHING, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS THAT FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFIES ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT IN THE CASE OF BDA 2 4 5 0 5 3 APPLICATION OF QUIN GLOBE REPRESENTED BY JUDE DONOVAN FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS AND

[00:15:01]

SURFACE AREA OPENNESS REQUIREMENTS FOR FENCES IN THE DALLAS DEVELOPMENT CODE 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.

THE MOTION MR. UH, SING'S MOTION SECONDED BY FINNEY, UH, DISCUSSION.

OKAY.

UH, MS. WILLIAMS? MR. FINNEY? AYE.

MR. MILLIKEN AYE.

MR. TON? AYE.

MR. SLAY? AYE.

MR. VICE CHAIR AYE.

MOTION TO GRANT PASSES? FIVE TO ZERO.

THANK YOU.

UH, OKAY.

NOW CALL BO OA TWO FIVE DASH 0 0 0 0 3 5 12 55 ANNEX AVENUE.

IF YOU'RE HERE TO SPEAK ON THIS CASE EITHER FOR OR AGAINST, WOULD YOU PLEASE STAND AND BE SWORN IN? MS. WILLIAMS, ARE THERE ANY ONLINE SPEAKERS I PRESUME NO.

ON THIS CASE.

JUST ONE SPEAKER.

SO, UH, MR DO YOU MEAN ONE ONLINE OR JUST THE GENTLEMAN OR MR. DANNY? OKAY.

IF YOU'RE HERE TO SPEAK FOR OR AGAINST, WOULD YOU PLEASE BE SWORN IN? MS. WILLIAMS, WILL YOU SWEAR THAT YOU, OKAY.

SO THE APPLICANT IS HERE AND A SOMEBODY ELSE AND SO FORTH, PLEASE SWEAR TO ME.

OKAY.

DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY.

UM, MR. GOLAN, IF YOU WOULD LIKE TO SPEAK FIRST, SO IF THE, THE APPLICANT WILL COME A NOTE, THERE IS A LETTER.

NO.

OH, THIS IS FOR THE NEXT WEEK.

OKAY.

UM, WHEN YOU SPEAK, PLEASE STATE YOUR NAME AND ADDRESS, UH, AND MAKE SURE THE MIC IS ON.

UH, MY NAME IS DONNIE GOWAN.

MY ADDRESS IS 75 0 6 BURY DRIVE IN DALLAS.

THEY MAKE THIS MIC FOR SHORT PEOPLE.

UM, I CAN'T TELL WHETHER IT'S ON, BUT YOU, YOU MAY JUST SPEAK LOUDER THAN YOU THINK YOU HAVE TO.

UH, MY NAME IS DONNIE GOLAN AND MY ADDRESS IS 75 0 6 BURY DRIVE IN DALLAS.

GOOD AFTERNOON.

UH, I AM THE APPLICANT AND I'M SIMPLY HERE, UH, IN AGREEMENT WITH THE STAFF RECOMMENDATION AND AVAILABLE FOR ANY QUESTIONS OR COMMENTS.

THANK YOU.

WE APPRECIATE YOU BEING HERE.

THANK YOU.

ARE THERE OTHER SPEAKERS IN FAVOR? SO THE, THE GENTLEMAN, MR. HARRISON, ARE, ARE YOU A SPEAKER IN FAVOR, SIR? I'M SIR.

THEN I THINK HE'S AGAINST.

OKAY.

YEAH, I THINK WE'LL, WE'LL BE, WE'LL TREAT AS AGAINST, PLEASE, PLEASE APPROACH MICROPHONE.

WELL STATE YOUR NAME AND ADDRESS PLEASE.

HOLD ON THIS ONE.

UH, I PRESUME THERE ARE NO OTHER SPEAKERS IN FAVOR OF THE HONOR.

OKAY.

HEARING NONE, SPEAKERS IN OPPOSITION, IF YOU, YOU'VE BEEN SWORN IN, IF YOU WOULD JUST STATE YOUR NAME AND, AND ADDRESS.

CAN YOU MAKE SURE THE, THE LIGHT IS GREEN? OKAY.

MY NAME IS, UH, DENNIS HARRISON, H-A-R-R-I-S-O-N.

AND I LIVE AT 1207 ANNEX AVENUE.

UH, I'M THE OMNI ONLY ADJOINING PROPERTY, MY WIFE AND I FAMILY HOUSE IN THE HIS WORK DISTRICT, UH, RIGHT NEXT TO THE .

AND WE REMEMBER THAT I'M THE ONE WHO WAS ALSO, YOU KNOW, I WAS OPPOSING IT LAST BOND.

UH, I KEPT SAYING TO ALL, WE WANT IT DONE.

LIKE, UH, WE, WE WANT ABOUT, WE NOT IN THE ANTI-DEVELOPMENT CAMP, SO WE JUST WANT IT DONE RIGHT.

AND SO THE 21 FEET WELL DONE, UH, THAT, THAT IS, UH, TO ME THE PROPER SETBACK.

AND MY WIFE WHO COULD NOT BE HERE TODAY, WE BOTH CAN TELL BY THE LETTER

[00:20:01]

SUPPORT, WE'LL SUPPORT THAT PUT SETBACK.

AND I, I WROTE IN ON A CONDITION, AND LEMME EXPLAIN THE CONDITION, UM, THAT OVER THE, OVER THE LAST YEAR, THERE HAVE BEEN NUMEROUS ISSUES FOR THE APPLICANT ABOUT THAT THIS PROPERTY.

SO WE THINK IT'S GREAT TO HAVE 21 FEET, WE JUST WANNA MAKE SURE IS 21 FEET AND IT'S 21 FEET FROM A PROPERTY ABOUT 21 FEET FROM, UH, CURB SOMEWHERE IN THE MIDDLE, BUT 21 FEET FROM THE PROPERTY LINE.

THE WAY IT'S ACTUALLY DRAWN IN, UM, YOU NOT THE PATIENT.

HIGH ATTACHMENT A UM, THAT'S, THAT WOULD BE GREAT BECAUSE THAT WOULD LINE UP THE BUILD LINE OF OUR HOUSE.

AND THAT'S REALLY WHAT WE'RE CONCERNED ABOUT.

BUT HOWEVER, THE REASON WE'RE CAUTIOUS IS THAT THERE'S BEEN ALL KINDS OF SHORTCUTS WITH, UM, THIS .

AND THEY HAVE BEEN CAUGHT NUMEROUS TIMES OCCURRED IN CLIENTS.

THEY, THEY CAME IN AND GRADED AND ACTUALLY DID TRAINING FOR CONCRETE WITHOUT A BUILDING PERMIT.

UH, THEY HAD PROBLEMS THAT THEY PUT SOME OF THEIR, UH, APPLICATION OF PLAN FROM A LIVE OAK ADDRESS.

THEY, UH, ANNEX ADDRESS AND NOBODY KNEW ABOUT IT.

THEY'VE BEEN CITED FOR TRASH LEADS THAT DO .

UH, YOU KNOW, IT'S BEEN SO BAD THAT YOU HAD A, WHEN YOU HAD A CODE COMPLIANCE OFFICER ACTUALLY BEARING OUT VALVE TO THE NEIGHBOR, THAT IT WAS BEING TOLD THAT THE REGULATIONS DON'T APPLY TO THAT ONE.

IT'S AN ACTIVE BUILDING SITE.

SO THEY COULD DO ANYTHING THEY WANTED, THEY WANT, I DIDN'T, LET ME JUST SAY THEY INSIDE IT NUMEROUS TIMES AND WE'RE OPTIMISTIC PEOPLE, OKAY? AND SO WE JUST CAN HAVE A POSITIVE ATTITUDE ABOUT THIS.

BUT IF THERE'S A WAY THAT YOU ALL CAN SAY TO THE APPLE, THEN CAN'T CUT CORNERS ON THIS, YOU CAN'T MAKE IT 21 AND A HALF FEET OR DO 21 FEET FROM THE OTHER SIDE OF THE SIDEWALK NEAR THE CURB.

UH, THE, YOU KNOW, THAT'S THE KIND OF STUFF WE, THE NEIGHBORHOOD HAS HAD TO PUT UP WITH THIS APPLICANT.

THAT PIECE OF ABOVE.

SO YOU THINK 21 FEET BREAK, UH, PLEASE, UH, MAKE SURE IT'S DONE RIGHT.

'CAUSE IF IT'S, YOU ONLY GET ONE SHOT OF IT ONE TIME WE DONE YOUHOW, IT'S, IT'S DIFFICULT.

COME BACK AND SAY, OH NO, IF THERE'S SOMEWHERE YOU OFTEN AND LOOK IN BUY AND SAY, IT BETTER BE 21 FEET.

AND IF YOU DO THAT, WE'LL BE HAPPY.

MAYBE I COULD BE GOOD.

UH, AND I POINT APPLIANCE OUT THERE, PROBABLY BONDS FOR THE LEASE, BUT IT HELPS DO HAVE TO UP WITH ALL.

THAT'S FINE.

THANK, THANK YOU FOR BEING HERE, UH, FOR BEING HERE IN PERSON.

UH, I WANNA ASK STAFF ABOUT YOUR QUESTIONS AND COMMENTS.

I DON'T WANT YOU TO FEEL LIKE YOU HAVE TO STAND THERE.

UM, THE, THE GENTLEMAN'S CONCERN IS, UM, IS THAT THE, THE APPLICATION WE WOULD APPROVE TODAY IS 21 FEET FROM THE PROPERTY LINE.

IS THAT WHAT IS WRITTEN ON PROPERTY LINE? SAY AGAIN FROM PROPERTY LINE? AND THAT IS WHAT IS ON THE PLAN THAT WE WOULD TIE IT TO.

I WILL SLEEP BETTER TONIGHT KNOWING THAT.

THANK YOU.

THANK YOU.

AND UH, AND THE OTHER POINT I PUT ON THAT LETTER, THE, THE RESIDENTIAL PROXIMITY SLOPE, WHICH I KNOW IS NOT ON AN APPLICATION, BUT THERE'S ENOUGH MEAN, JOANNA HAMPTON'S ALREADY SENT US A MOTION THAT IT'S IN VIOLATION FROM HER VIEWPOINT NEIGHBORHOOD ASSOCIATION AND BILL ARE CONCERNED ABOUT THAT.

SENT A LETTER.

UM, AND I, I MADE AN ATTACHMENT FEE IN MY LETTER AND UM,

[00:25:02]

I KNOW THAT'S NOT UP TO A DECISION TODAY, BUT, BUT THE WAY, JUST ONCE AGAIN, THE NEXT DAY TO GET IT IN LIGHT, GET A CHANCE TO DO IT, IS THAT THAT CAN BE, UH, INVESTIGATED STUDY OF A SEPARATE, BUT BECAUSE IT'S CERTAINLY GOT THE ATTENTION OF OTHER PEOPLE IN THE CITY, AND ONCE AGAIN, I DON'T WANT TO BE IN THE DIFFERENT OF HOUSE NEXT THERE BEING AFFECTED BY SOMETHING THAT EVERYBODY ELSE IS HIDING OVER DOING.

THAT THERE'S SOMETHING THEY HAVE UP MEAN EVEN THEIR OWN, UH, LINES, UH, WITH, WITH A COUPLE DIFFERENT HEIGHT VARIATION.

UH, IT'S, IT'S NOT EVEN CONSISTENT THERE, THERE'S SOMETHING NOT RIGHT ABOUT THAT.

SO THERE COULD JUST BE WHETHER AND SAY THAT IT BE BE GREAT.

THANK YOU.

YOUR, UM, REQUEST THAT IT BE DONE RIGHT IS THE MOST IMPORTANT THING WE DO.

LET ME, NOTHING WE DO TODAY WOULD APPROVE ANY RELIEF TO A RESIDENTIAL PROXIMITY SLOPE.

IF, IF THERE IS A VIOLATION THERE, SOMEONE WOULD'VE TO COME BACK, UH, WITH A NEW, UH, APPLICATION TO THIS BOARD, THIS PANEL.

UM, I TRUST THAT IN PLAN REVIEW THAT HAS BEEN OR WILL BE EVALUATED AND CERTAINLY, UM, YOU KNOW, YOU, YOU HAVE TO TELL US WHETHER, WHETHER THE PROXIMITY SLOPE IS AT ISSUE DOWN THE ROAD.

CERTAINLY FOR TODAY, UH, WE CAN'T DO ANYTHING ABOUT IT ONE WAY OR THE OTHER.

UM, SOUNDS LIKE YOU HAVE DONE A, A PRETTY FASTIDIOUS JOB OF, OF, UH, MEASURING AND STAYING ON TOP OF IT, AND I WOULD SUGGEST YOU KEEP DOING THAT.

WE WILL, UH, MAKE A MAKE STATEMENT AS YOU REQUEST.

AND, AND I APPRECIATE YOUR CONCERN, UH, THAT, THAT AN AGREEMENT BE FOLLOWED.

TOWNHOUSES ACROSS THE STATE AND THEY WERE BUILT, UH, CALLED PENSION AND PICKED HIS THANK YOU.

ARE THERE ANY QUESTIONS? THANK YOU, SIR.

THANK YOU.

UM, THE APPLICANT ALL DONE FOR 15.

THANKS.

UH, THE APPLICANT, UH, HAS A FIVE MINUTE REBUTTAL.

INTRODUCE MYSELF AGAIN.

WHY NOT? OKAY.

UH, I'M DONNIE GOLAN.

I'M THE APPLICANT.

UM, I AM THE GENERAL CONTRACTOR ON THE BEHALF OF THE INVESTOR FOR THE PROPERTY.

I CONSTRUCT, UH, FOR THE PLANS THAT ARE PROVIDED ON BEHALF OF THE OWNER THAT ARE STAMPED AND PERMITTED THROUGH ALL OF THE VARIOUS CITY DEPARTMENTS.

UM, SO WE, WE CONSTRUCT, UH, BY THE PLANS AND THAT'S THE ONLY WAY THAT WE CONSTRUCT, UM, REGARDING RESIDENTIAL PROXIMITY SLOPE.

UM, IT'S CORRECT THAT THAT IS REVIEWED DURING BUILDING PLAN REVIEW THAT WAS SPECIFICALLY ASKED TO NOT BE INCLUDED ON THE PLAN SET HERE TODAY BECAUSE IT'S NOT PART OF THE VARIANCE REQUEST FOR TODAY.

SO THE DETAILED REGARDING THE RESIDENTIAL PROXIMITY SLOPE, UM, ARE NOT ON THIS ELEVATION, BUT THEY ARE REQUIRED THROUGH BUILDING PLAN REVIEW.

UH, SO WE DO HAVE EVERY OBLIGATION TO COMPLY WITH THOSE REQUIREMENTS AS THE PLANS GO THROUGH THE FORMAL REVIEW PROCESS WITH THE BUILDING DEPARTMENT.

UM, ENSURE WE INTEND TO CONSTRUCT EVERYTHING IN COMPLIANCE WITH THE PLANS, PROVIDE A FORM BOARD SURVEY TO SHOW THAT EVERYTHING'S CONSTRUCTED AT THE CORRECT LOCATION AND FOLLOW ALL THE NECESSARY CITY INSPECTIONS AND APPROVALS.

THANK YOU.

JUST TO BE CLEAR, THE, THE RRP S YOU HAVE ASKED, YOU HAVE HAD A PLAN REVIEW AND YOU'VE ASKED THEM TO EXCLUDE THAT ISSUE, MEANING IT'S, IT IS AN UP IN THE AIR ISSUE BETWEEN YOU AND PLAN REVIEW.

ALLOW ME TO CLARIFY THE CITY STAFF WHEN

[00:30:01]

PREPARING THE SPECIFIC DOCUMENTS FOR THIS BOARD'S REVIEW REQUESTED TO REMOVE THE RPS FROM THE DRAWINGS AS THEY STATED THAT IN THE PREVIOUS MEETING.

THOSE DETAILS PROVIDED SOME CONFUSION.

OH, SO I WAS ASKED TO SPECIFICALLY NOT INCLUDE THEM IN THE DRAWINGS FOR THIS VARIANCE.

I DO REMEMBER THAT, YES SIR.

BUT THEY ARE REQUIRED FROM PLAN REVIEW.

I HOPE THAT CLARIFIES I'LL, UH, GIVE THE STAFF A CHANCE TO CORRECT YOU.

OTHERWISE I WILL, I WILL, UH, TAKE IT, TAKE IT ON, ON, ON PAGE.

UH, LOOKS LIKE MAYBE WE HAVE QUESTIONS.

S NO, MR. SLATE.

OKAY.

THANK YOU.

UM, LET IT BE SAID.

THANK YOU.

PLEASE, UM, CONSTRUCT IT AS PER THE PLANS, UH, UH, TO THE EXTENT THE THE BOARD IS, UH, WILLING TO, UH, GRANT THE, UH, REQUEST.

YES, SIR.

THANK YOU.

THANK YOU.

THANK YOU ALL.

IS THERE A MOTION VICE CHAIR AG? DO I HAVE A MOTION? MR. STATUTE? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B OH 8 2 5 0 0 0 0 3 5 ON APPLICATION OF DANNY GOLAN GRANT, THE FOUR FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT IT, A LITERAL ENFORCEMENT OF PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.

I FURTHER MOVE THAT THE FOLLOWING CONDITIONS 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.

IS THERE A SAY I SECOND MR. FINN SECONDS, MR. TON'S MOTION DISCUSSION MR. SINGTON? I DON'T HAVE ANYTHING FURTHER.

MR. FINN.

UH, WELL I THINK WE, IT IT'S VERY CLEAR, UM, THROUGH THE TESTIMONY OF THE APPLICANT AND MR. HARRISON, THAT, UM, THERE IS NO OPPOSITION TO THIS VARIANCE.

UM, AND I THINK THAT'S ALL WE NEED TO KNOW.

YOU GUYS MAY HEAR RPSI HAVE NO IDEA, BUT THAT'S NOT MY PROBLEM.

OKAY.

UH, THAT SAID, UH, MS. WILLIAMS, WILL YOU PLEASE CALL THE VOTE MR. ASHTON? AYE.

MR. SLATE? AYE.

MR. MILLIKEN? AYE.

MR. FINNEY? AYE.

MR. VICE CHAIR AYE.

MOTION TO GRANT PASSES? FIVE TO ZERO.

THANK YOU.

GOOD LUCK.

OKAY, UH, NEXT CASE IS, UH, BO A 2 5 0 0 3 9 5,008 RAD BROOK PLACE.

PLEASE BE SWORN IN.

THANK YOU.

KNOW THE DRILL.

GOOD AFTERNOON, MS. WILLIAMS. DO YOU SWEAR OR AFFIRM, UM, SORRY.

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

MM-HMM .

MR. THE WHOLE TRUTH.

UM, YES.

STATE YOUR NAME AND ADDRESS.

THANK YOU.

UH, JENNIFER.

HI, MOTO, 1 0 2 3 3 EAST NORTHWEST HIGHWAY IN DALLAS.

UM, THIS REQUEST, UH, NEXT SLIDE IS FOR, UH, FENCE HEIGHT, SPECIAL EXCEPTION.

UM, IF YOU RECALL, EIGHT FEET IS TO THE TOP OF THE LIGHT FIXTURE.

UM, I'VE GOT THE SITE PLAN AND ELEVATIONS AT THE END IF WE'D LIKE TO LOOK AT THAT.

UH, JUST REMIND YOU, THERE ARE SIX, AND THIS IS A LUNCHTIME PRESERVATION, SO IT'S A LITTLE, UH, SLIM.

UM, IT'S SIX FOOT, SIX INCH FOR THE FENCE PANELS AND SEVEN FOOT SIX INCH FOR THE COLUMNS.

UM, NEXT SLIDE.

UM, I QUICKLY PUT TOGETHER A, UM, THE ZONING MAP AND IDENTIFIED WHERE I COULD QUICKLY SEE, UH, OTHER FENCES IN THE PROXIMITY OF THE SUBJECT SITE THAT'S OUTLINED IN RED.

UM, YOU'LL NOTICE THIS IS THE, THE PROPERTY, UM, HAS ITS BACKYARD ON NORTHWEST HIGHWAY AND WE ARE JUST WEST OF INWOOD ROAD.

THESE ARE VERY BUSY STREETS.

UM, AND, UH, I DIDN'T GO FURTHER, BUT THERE ARE LOTS OF FENCES, BEAUTIFUL FENCES IN THIS AREA.

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

UM, THIS IS THE SUBJECT PROPERTY ON SUNNY

[00:35:01]

BROOKS.

SO THIS IS THE SIDE STREET.

THIS IS, UM, THESE TWO PROPERTIES ARE ESSENTIALLY, UH, A GATEWAY INTO THE NEIGHBORHOOD, UM, OFF OF NORTHWEST HIGHWAY.

SO THERE IS A SAFETY CONCERN THAT THE HOMEOWNERS HAVE, AND THAT'S WHAT PROMPTED THIS.

THEY DO HAVE SOME EXISTING FENCING.

UM, YOU CAN SEE, UM, SOME WOOD FENCING IN THE BACK OF THE SLIDE.

UM, NEXT SLIDE PLEASE.

WE'LL JUST CIRCLE, CIRCLE AROUND.

THIS IS THE OPPOSITE CORNER OF ON THE WEST SIDE OF SUNNYBROOK.

UH, NEXT SLIDE.

SO YOU CAN SEE THEY'VE GOT FENCING THAT'S TALLER THAN FOUR FEET.

NEXT SLIDE.

FEES, UH, THIS, UH, NORTHWEST CORNER OF SUNNYBROOK AND BRADBROOK, UH, ALSO HAS BOARD OF ADJUSTMENT HISTORY.

AND IF YOU GO DOWN THE CUL-DE-SAC, YOU CAN SEE THERE'S OTHER FENCING AND LUSH LANDSCAPING.

UM, I'M WONDERING IF THE STAFF'S VIDEO HAD JUST, UM, UH, EXPOSURE KIND OF MIDDLE OF THE DAY.

IT'S VERY HARD TO SEE BECAUSE I, I, AS THE VIDEO WENT THROUGH, I'M LIKE, THIS WAS VERY OPEN AND I DIDN'T SEE A LOT OF FENCES THAT THEY GO THROUGH.

UM, THERE ARE A LOT OF FENCES.

UH, NEXT SLIDE PLEASE.

UM, IF YOU GO NORTH ON SUNNYBROOK PAST, UH, RAD BROOK, UM, THERE'S, UH, SORRY THAT THAT FENCE LOOKS LIKE IT'S BEHIND THE SETBACK THROUGH THIS THING ON THE RIGHT.

UH, WELL, WE'RE TALKING ABOUT FRONT YARD SETBACKS, RIGHT? FRONT YARD FENCING.

I UNDERSTAND.

I WAS JUST, THIS FENCE LOOKS TO ME LIKE IT MIGHT BE NOT OUTSIDE THE SETBACK.

UM, BELIEVE THESE ARE 40 OR 50 FOOT, UH, 40 FOOT FRONT YARDS SINCE IT'S OUR ONE ACRE.

UM, OKAY.

YEAH.

UM, AND, AND SOMETIMES ESPECIALLY WITH THESE LARGE LOTS, THESE FRONT YARDS FUNCTION AS BACKYARDS.

UM, NEXT SLIDE PLEASE.

SO THE, UM, CIVIC PROPERTIES ON THE RIGHT HAND SIDE AND I, YOU SEE A LOT OF SUNLIGHT, IT FEELS VERY EXPOSED AND I GET THAT.

UM, WHEN YOU CONTINUE DOWN RAG BROOK ON GOOGLE STREET VIEW, THERE'S A GAP IN THE MIDDLE OF THE STREET.

UM, THIS NEXT SLIDE PLEASE.

UM, THIS SLIDE WAS FROM 2016.

UM, THIS IS IDENTIFIED AS HAVING A FENCE TALLER THAN FOUR FEET BECAUSE OF THE GATES, I BELIEVE.

UM, THE PROPERTY UNITS ON THE RIGHT HAND SIDE WAS NEW CONSTRUCTION FROM 2016, BUT, UM, THEY'RE MORE THAN LIKELY GONNA HAVE BEEN SEEN.

I DIDN'T SEE BOARD HISTORY.

UM, YOUR BOARD HISTORY GOES BACK FIVE YEARS.

UM, I THINK IF YOU WERE TO GO FURTHER, YOU WOULD SEE A LOT OF HISTORY IN THIS AREA.

UM, NEXT SLIDE PLEASE.

UM, IF YOU GO TO INWOOD ROAD AND KIND OF LOOK BACK, THE GOOGLE STREET VIEW UPDATES MORE.

UH, NEXT SLIDE PLEASE.

AND YOU CAN SEE TALL FENCING AND LUSH LANDSCAPING PROVIDING THAT'S, UH, SCREENING AND SECURITY FOR THESE HOMES.

NEXT SLIDE, PLEASE.

UM, I DID MAIL LETTERS TO THE NEIGHBORS.

WE'VE BEEN TO HER FEET, UM, AND DID NOT RECEIVE A REPLY.

UM, SO THAT WAS REFLECTED IN YOUR RECORD THIS MORNING.

UM, AND THEN I'VE GOT THE SITE PLAN AND ELEVATIONS, IF YOU'D LIKE TO DISCUSS ANY OF THOSE DETAILS.

IF YOU DON'T MIND, UH, SHOWING ME ELEVATIONS, WANNA GET A SENSE OF, I'VE GOT A, THIS IS A PARTIAL, THAT'S FINE.

SO THIS IS WROUGHT IRON? YES, SIR.

RIGHT? YES SIR.

AND YOU NEVER, IT'S HARD TO TELL SOMETIMES.

UM, ARE THESE, WHAT I'M USED TO SEEING IS ROD IRON WHERE, WHERE THE, UH, THE VERTICALS ARE, I DON'T KNOW HOW FAR APART THEY ARE, BUT GO INCHES.

IS THAT I I BELIEVE THAT'S A TRADITIONAL WR IRON THAT'S, THAT'S PROPOSED HERE.

UM, THERE'S MORE DECORATIVE WR IRON IN DIFFERENT SPOTS ON THE STREET, BUT THIS IS MORE TRADITIONAL WITH MASONRY COLUMNS TO COMPLIMENT THE HOME.

THE SLOPE HERE.

YES.

HELP ME WITH THE CALCULATIONS AGAIN.

DO WE, WHEN WE SAY SIX FEET, WE MEAN SIX FEET FROM THE AVERAGE OF, OF THE, THE PROPERTY LINES OR FOR EACH POST .

SO WHEN YOU ZOOM OUT, YOU CAN SEE THE ELEVATION DOES SW A BIT.

AND MY UNDERSTANDING OF FENCE HEIGHTS IN THE FRONT YARD IS IT'S MEASURED ON BOTH SIDES OF THE FENCE.

AND EACH PANEL AND COLUMN WILL BE THAT SIX FOOT SIX AND THE SEVEN FOOT SIX, IT'LL BE CONSISTENT THAT WE WON'T, WE'RE NOT ASKING FOR LIKE AN AVERAGE HEIGHT FENCING SITUATION.

WE'RE ASK, WE'RE ASKING FOR, WE'RE GONNA FOLLOW THE SLOPE AND NOT EXCEED EIGHT EIGHT OF THESE LIGHT FIXTURES.

DOES THAT MAKE SENSE? IT DOES.

OKAY.

THANK YOU.

A QUESTION MM-HMM .

[00:40:03]

OKAY.

THANK YOU.

ARE, ARE THERE SPEAKERS IN OPPOSITION? ARE THERE FURTHER SPEAKERS FOR THE APPLICATION, I PRESUME? NO.

ARE THERE SPEAKERS IN OPPOSITION? NO.

THE SPEAKERS REGISTER, SIR.

OKAY.

YOU ARE TECHNICALLY ALLOWED.

UH, REPUBLICAN.

THANK YOU.

UM, MAY I HAVE A MOTION VICE CHAIR? I HAVE A MOTION.

MR. SASSON, I MOVE THAT THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BO A 2 5 0 0 0 0 3 9 ON APPLICATION OF GEN JENNIFER HIROTO.

GRANT, THE REQUEST OF THIS APPLICANT TO RECONSTRUCT AND OR MAINTAIN AN EIGHT FOOT FENCE, EIGHT FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPED CODE AS AMENDED BECAUSE OF OUR EVALUATION OF THE PROPERTY.

AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.

I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED.

A FURTHER PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.

SECOND, IS THERE A SECOND? I ENTER FINN SECOND.

THE MOTION MR. SING'S MOTION? MR. FINNEY? SECOND.

MR. SACHE? NOTHING FURTHER.

OKAY.

NO COMMENT.

OKAY.

UM, I'LL, I'LL CALL THAT THIS, UH, GOES AGAINST EVERY INSTINCT I I HAVE, BUT THIS IS ALSO ONE OF THESE, UH, EASY HARD CASES BECAUSE NOWHERE IN THE CODE DOES ROBERTS, UH, INSTINCT MATTER.

UH, IF, IF THE, UM, THE NEIGHBORS WERE OUT TALKING ABOUT IT CHANGING THE CHARACTER OF THE NEIGHBORHOOD, I WOULD'VE DONE, UM, VARIED, UH, AMENABLE TO THEIR, TO THEIR COMPLAINTS.

BUT IT'S, UH, GIVEN THAT, UH, I DON'T THINK IT'S APPROPRIATE FOR ME TO BE THE SHINING DEFENDER OF, OF SOMETHING THAT'S NOT ASKING TO BE DEFENDED.

AND, UH, SO I I I LOVE THE OPENNESS OF THAT, THAT NEIGHBORHOOD, BUT I THINK FRANKLY, THIS IS AN OPEN FENCE.

IT'S NOT CRAZY HIGH.

IT'S, UH, IT'S OKAY WITH THE NEIGHBORS.

IT'S OKAY WITH ME.

SO I JUST, I WANTED TO WALK THROUGH THE, THE PICTURES THAT I SAW THAT WERE QUITE OPEN.

UM, BUT WHEN IT COMES DOWN TO IT, I DON'T, THE FENCE ISN'T HIGH OR OPA UM, I I THINK IT'LL BE FINE.

LIKE IT'S, THE POINT I'D MAKE FOR THE RECORD IS THAT IT DOES NOT MATTER WHAT I THINK OR FEEL ABOUT.

I BELIEVE IT'S A BIG, BEAUTIFUL FENCE.

OKAY.

AS LONG AS YOU DON'T TRY TO GO UNDER IT, YOU'RE FINE.

UM, OVER, ALL RIGHT.

UM, IS THERE, UH, MS. WILLIAMS, WILL YOU, WHAT YOU CALL THE VOTE? MR. FEENEY? AYE.

MR. MILLIKEN? AYE.

MR. SLATE? AYE.

MR. WASHINGTON? AYE.

MR. VICE CHAIR? AYE.

MOTION PASSES.

FIVE TO ZERO.

OKAY.

UH, BDA TWO FIVE DASH 0 0 0 0 3 4 15 45 ACAPULCO DRIVE.

IF, UH, YOU ARE HERE TO SPEAK, UH, ON THIS, UH, THIS APPLICATION FOR, FOR OR AGAINST MS. HERTO, YOU'RE GOOD.

UH, PLEASE STAND UP AND BE SWORN EITHER IF YOU'RE SPEAKING FOR OR AGAINST EITHER WAY.

DO WE HAVE ONLINE SPEAKERS, MS. WILLIAMS? NO, SIR.

OKAY.

WOULD YOU PLEASE SWEAR IN, OKAY.

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

UH, AS YOU'VE SEEN, PLEASE STATE YOUR NAME AND ADDRESS BEFORE YOU SPEAK.

THANK YOU.

YES, THESE ARE, THESE ARE SPEAKERS IN FAVOR.

MY NAME IS LEON WADDELL.

I'M, UH, THE RESIDENT AT 1 5 4 5 ACO DRIVE.

UH, JUST HERE.

THANKFUL THAT, UH, YOU ALLOWED ME TO SPEAK ON MY BEHALF HERE.

UM, IF THERE ARE ANY QUESTIONS THAT YOU HAVE, I HOPEFULLY I WAS ABLE TO ANSWER SOME OF THEM IN THE PDF DF THAT I WAS SENT AND PUT IN THE DOCKET.

[00:45:02]

UH, BUT IF NOT, UH, FEEL FREE TO PLEASE, UH, DIRECT THEM.

ANTHONY AND I CAN HOPEFULLY ANSWER WHAT I THINK.

YEAH, YOU HEARD OUR BRIEFING THIS MORNING.

I DID NOT.

UH, THERE WERE A FAIR AMOUNT OF QUESTIONS AND I, UM, WELL, LET'S START, UH, DO YOU, UH, DO YOU HAVE YOUR PDF UP HERE? YEAH, I SENT IT TO, IT WOULDN'T HURT IF YOU JUST WALK US THROUGH YOUR PDF.

OKAY, SO THE PDF IS JUST SET UP JUST TO START OFF WITH THE VARIANCE, OF COURSE, WHAT'S NEEDED, THAT'S MY HOME.

IT'S CURRENTLY SET UP RIGHT NOW.

UH, IF YOU GO TO THE NEXT SLIDE, UH, WHAT WE'RE TRYING TO DO IS CONSTRUCT A 900 SQUARE FOOT PLACE BEHIND WHERE I'M AT CURRENTLY AND THE PLACES FOR MY WOULD BE SET UP FOR MY GRANDPARENTS AND, AND MY, AND MY PARENTS.

UM, THE REASON WHY WE'RE DOING THAT IS TO HOPEFULLY GIVE THEM ENOUGH SPACE BACK THERE TO BE ABLE TO LIVE AND FEEL LIKE THEY'RE INDEPENDENT.

ALSO BEING ABLE TO, UH, FUNCTION PROPERLY.

HAVE TO SET IT BACK THERE.

UM, NEXT SLIDE.

I NOTICED THAT THERE WAS A SENATE BILL THAT WAS SET UP, UH, TO POSSIBLY CHANGE SOME OF THE THINGS.

DON'T KNOW HOW THAT WOULD ACTUALLY AFFECT THE DECISION TODAY, BUT I DID PLACE THAT IN THERE.

WE HAD SOME QUESTIONS ABOUT THAT AND LARGELY IT WAS, WHAT THE HECK DOES IT MEAN, I THINK, BUT IF YOU KNOW DIFFERENTLY, YOU SHOULD TELL.

I THINK WE, WE FOUND THAT, THAT THERE'S BEEN NO RULING ON THAT BILL GOT, WHICH MEANS IT DIED IN THE, IN THE LEGISLATURE.

BUT IF YOU KNOW DIFFERENTLY NO, NO, NO.

I I DIDN'T KNOW IF THERE WAS ANYTHING THAT YOU GUYS MAY KNOW THEIR SIDE THAT THEY AFFECTING.

I KNOW IT STATED CHANGED THE, THE ZONING OR THE SIZES LIKE THAT.

THERE'S BEEN A LOT OF CHANGES.

THIS PARTICULAR BILL I NOT AWARE OF MAYBE MR. ALRIGHT.

ALRIGHT.

UH, THANKS A LOT.

UH, SO ONCE AGAIN, JUST THE BASIC INFORMATION ON WHAT WE DO, WHAT THERE CONSIDERATION NEXT SLOT, UM, THERE JUST STATING, UM, WHAT THE HOME IS VALUED AT RIGHT NOW.

POSSIBLY BETWEEN SOMEWHERE 340 TO THREE 50.

UM, THERE IS A ING BEAM THAT WAS BUILT IN, UH, 1960 2D AD, ASSESSES IT AT 3 16, 2 50, UM, DIVIDING MARKET, DIVIDING LAND AND STRUCTURE, HOW YOU SAID, HOW THEY'LL VALUE THE LAND AND THEN THE IMPROVEMENT.

THAT'S, THAT'S WHAT I'VE GOT.

SO DCA SENT ME A LETTER, SO THAT'S WHAT I WOULD CALL IT.

I SO THREE SIXTEEN, TWO FIFTY IS THE TOTAL VALUE WOULD BE CARRIED.

YES.

THANK YOU.

YES.

UH, NEXT SLIDE.

UH, THIS IS WHAT THE LAYOUT LOOKS LIKE WHEN YOU ROOM BEHIND MY HOME TO BE ABLE TO, UH, ACTUALLY FACILITATE THIS, UH, TO BE AWAY FROM THE HOME, UH, BE ESTABLISHED, HOPEFULLY INSTEAD OF HAVING TO TEAR DOWN THE EXISTING PARTS OF THE HOME, IT WOULD BE A FLAT, UH, SURPLUS THAT WOULD BE PUT DOWN OUTBACK AND THEN, UH, EASIER TO ACTUALLY, LESS EXPENSIVE TO, UH, START IT FROM SCRATCH.

NEXT SLIDE.

THIS IS THE ACTUAL SETUP OF THE HOME ITSELF AND THE ACTUAL STRUCTURE.

NO, IT DOESN'T EXIST.

THIS IS NOT EXIST AT THIS TIME.

WE'RE TRYING TO, TRYING TO GET THE VARIANCE SO THAT WE CAN ACTUALLY BUILD, UH, NEXT SLIDE.

THESE ARE SOME OF THE BENEFITS HERE THAT ALLOW MY PARENTS TO FEEL THEY'RE INDEPENDENT STILL.

THEY HAVE THEIR PRIVACY.

UH, RIGHT NOW, THE HOME THAT I HAVE, IT'S ONLY ONE ROOM THAT'S ON THE FIRST FLOOR.

BOTH OF THEM WOULD NEED SOMETHING ON THE FIRST FLOOR.

AND THAT, I'M ALSO TRYING TO THINK AHEAD.

THERE MAY COME A TIME WHERE I NEED THAT ON THE WORK FLOOR.

I DO HAVE SOME DEFICIENCIES FROM VA SIDE OF THINGS, SO JUST TRYING TO THINK AHEAD TO MAKE SURE THAT WE WOULD ALL HAVE WHAT'S NEEDED.

UM, IT'S ALSO BUDGET FRIENDLY TO BE ABLE TO START FROM SCRATCH, UH, IN THE BACK THERE TO ALLOWS US TO POOL OUR INCOMES TOGETHER AS WELL

[00:50:01]

WITH THE, THE WAY SOCIETY, NOT SOCIETY, BUT THE WAY THE ECONOMY IS AT THIS TIME.

UM, AND ALSO DOWNSIZING.

IT ALLOWS THEM TO ACTUALLY BE ABLE TO DO THAT THEIR HOME AS WELL.

AND WE HOPE EVERYTHING TOGETHER, HOPEFULLY LIVE AT ONE SPOT.

UH, DO YOU, YOU, I ASSUME IT'S BEEN EXPLAINED THAT IF WE WERE TO APPROVE IT, IT WOULD COME WITH A DEED RESTRICTION AGAINST RENTAL.

YEAH, WE'RE NOT, THAT'S NOT, THAT'S NOT WANNA MAKE SURE WHAT THIS IS ABOUT? YEAH.

IF THERE'S ANYBODY THAT'S IN A OPPOSITION, THAT'S NOT WHAT THIS IS ABOUT.

YOU UNDERSTAND? THIS IS ABOUT, THIS IS ABOUT ME TAKING CARE OF MY FAMILY.

I SAT THERE WITH MY GRANDFATHER WHEN HE PASSED AWAY AND THE ONE THING THAT HE SAID WAS TO MAKE SURE, SORRY.

IT'S ALL RIGHT.

MAKE SURE YOU DO EVERYTHING YOU CAN TO TAKE CARE OF YOUR CRACK.

BE GRAND BEST YOU, YOUR FAMILY.

THIS IS THE WAY THAT I CAME UP.

ANY DISCUSSION TO BE ABLE TO TRY TO DO THAT? UM, ASK, GO TO THE NEXT SLIDE.

YOU WANNA TAKE US BACK? IT'S ALL RIGHT IN THE AREA, MOST OF THE HOMES ARE SETTING THAT ABOUT 500 SLIDE TO 400 TO 500,000.

I PURCHASED A HOME AND 240,000.

UM, THIS WOULD OF COURSE INCREASE THE VALUE OF THE HOME TO WHAT THESE ARE NOW, UH, NEXT SLIDE.

MOST OF THE AVERAGE HOMES ARE ANYWHERE BETWEEN 2,800, 3000 SQUARE FEET ON THE HOME.

I'M WELL, BUT I BELIEVE THAT WHERE I'M RESISTING EVEN ADDING THIS WOOD ACTUALLY TO INGEST RIGHT THERE AT THE AVERAGE.

UH, NEXT SLIDE.

THESE ARE ALSO HOMES ON SOME OF THE OTHER AREAS AROUND THERE.

UH, THERE IS A GOLF COURSE THERE.

SO THERE ARE SOME HOMES THAT RECEIVE 4,000, UH, THAT ARE ALL THERE ON BAR HARBOR.

UH, NEXT SLIDE.

SAME THING IN OMA CHICA.

THERE ARE HOMES THAT ARE STILL WITHIN THE SAME AVENUE.

UH, NEXT SLIDE.

UH, THESE ARE SOME OF THE HOMES THAT MAY HAVE MAYBE USED, I'M NOT REALLY SURE I'VE SEEN SOMETHING THAT IS BEHIND THIS ONE HERE.

IT'S A BLOCK OVER ON BAR HARBOR.

THE NEXT SLIDE WITHIN THE 7 5 2 3 2, UH, ZIP CODE.

THERE ARE SOME HOMES THAT DO HAVE SOMETHING IN THE BACK HERE.

THIS IS ONE HERE AT 1706 SHADE GLEN.

NEXT SLIDE.

UH, WIN CHIME ALSO HAS A TASK PORTION ONTO THEIR HOME.

UH, THAT'S OUT BACK.

UH, IT LOOKS LIKE IT, IT BE BE GOOD SIDE AS WELL.

UH, NEXT SLIDE.

THIS IS MY LETTER THAT I PRESENTED TO MY NEIGHBORS.

UH, I DID THAT PROBABLY A FEW WEEKS BEFORE THE LETTER WAS SENT OUT FROM THE BOARD.

UH, JUST ADDRESSING, INTRODUCING MYSELF AND THEN LETTING THEM KNOW EXACTLY WHAT THIS WAS ABOUT.

IT WASN'T ABOUT TRYING TO DO SOME AIRBNB, SOME NEAR NEAR R AND THINGS OF THAT NATURE.

JUST TRYING TO HELP.

UH, NEXT SLIDE.

THESE ARE THE SIGNATURES THAT PEOPLE WHO ARE RIGHT THERE NEXT TO THEM, EVEN SOME OF THEM WOULD EVEN CONSIDER POSSIBLE ON SELF.

UM, THEY'RE EITHER ON BOTH SIDES OF ME, IN FRONT OF ME AND, AND BACK.

THAT'S IN SUPPORT OF ACTUALLY ALLOW ME.

THE NEXT ONE IS A LETTER FROM MY MOM, JUST KIND OF HELPING THE, HER VOICE TO THIS AS WELL TOO.

UH, WELL TO MY DAD.

AND THE NEXT SLIDE, JUST MY PARENTS BEING IN LITTLE ROCK AND THEN HOPEFULLY SEEING THEM IN DALLAS, .

AND I DO HAVE MY FIELD HERE JUST IN CASE THEY ANYTHING DETAIL.

THANK YOU FOR GOING THROUGH THAT.

OTHER QUESTIONS? OOPS.

MR. UH, MR. IS IT WA WADDELL.

WADDELL? YES.

WADDELL.

UM, I HAVE A COUPLE QUESTIONS.

YES.

UM, THANK YOU FOR YOUR PRESENTATION.

IT WAS VERY THOROUGH.

UM, UH, I WAS CURIOUS, UM, DID YOU EXPLORE ALTERNATIVE,

[00:55:01]

UM, FOOTPRINTS? LIKE MAYBE, YOU KNOW, COMBINING, MOVING SOME OF IN IN ORDER TO, YOU KNOW, ACCOMMODATE THE ZONING, UH, WITH THE SMALLER FOOTPRINT OF THE A DU ITSELF? UH, BY COMBINING SOME OF THAT AS AN ADDITION TO THE HOUSE? UM, I'M JUST CURIOUS IF YOU, IF YOU EXPLORED OTHER ALTERNATIVES.

WE'VE THOUGHT ITERATIONS.

WE HAVE THOUGHT OF THAT, BUT IF WE ALSO END UP ADDING ONTO THE APPEARING BEING IT STARTED TO GET A LITTLE BIT MORE EXPENSIVE.

WHAT WE'RE TRYING TO DO IS JUST TRY AND KEEP EVERYTHING WITHIN BUDGET OF WHAT MY PARENTS' HOUSE WOULD SELL FOR, IF THEY'RE GONNA BE THE ONES THAT ARE SHIFTING EVERYTHING AND TAKING ON THE COST.

THAT GOTCHA.

OKAY.

DID YOU PROVIDE ANY LIKE, UH, NUMBERS ON THAT? LIKE JUST PRELIMINARY MATH AND LIKE WHAT YOU ESTIMATE YOUR PARENTS PARENTS HOSPITAL SELL FOR AND RIGHT NOW IT'S SET FOR 2 30, 2 35.

OKAY.

AND WHAT'S THE PROJECTED COST OF CONSTRUCTION RIGHT NOW? WE'RE SETTING THAT ABOUT ONE SEVEN OR ONE.

OKAY.

JUST TO BE, TO BE CLEAR, YOU'RE ASKING ABOUT HIS PARENTS' HOUSE IN LITTLE ROCK S SO FORTH, IS THAT CORRECT? IS THAT WHAT HE'S ASKING? YES.

WELL, 'CAUSE HE MENTIONED THAT, THAT THAT WAS HOW THEY SET THEIR BUDGET.

SO IT'S RELEVANT INFORMATION.

YES, SIR.

OKAY.

UM, AND THEN, UM, YOU MENTIONED, YOU SHOWED US THE PETITION.

LOOKS LIKE YOU'VE GOT SOME SUPPORT AND I, I APPLAUD YOU REACHING OUT TO YOUR NEIGHBORS.

IT'S ONE OF THE THINGS THAT WE LOOK FOR, UM, WHEN WE'RE LOOKING AT VARIANCES LIKE THIS IS, UM, YOU KNOW, HOW DID THE APPLICANT ENGAGE WITH ITS NEIGHBORS? UM, LOOKS LIKE YOU'VE BEEN VERY UPFRONT WITH THEM.

I'M CURIOUS, UM, IT LOOKS LIKE YOU'VE GOTTEN FOUR RESPONSES TO YOUR LETTER.

IS THAT, IS THAT RIGHT SIR? YES, SIR.

OKAY.

AND UM, AND HAVE YOU SPOKEN TO THE NEIGHBOR THAT IS IN OPPOSITION? I HAVE NOT BECAUSE THEY SPOKE CORRECT.

THEY DON'T EVEN LIVE WITHIN THE TWO BLOCKS.

THEY LIVED ALL THE WAY UP BEFORE OUR END OF THE BLOCK, SO I HAVE, I DID NOT OVER, YOU CAN SEND JUAN UP UNTIL EXPLAIN.

AH, OKAY.

THAT LETTER WAS RECEIVED OVER THE WEEKEND, SO THEY HAD NO WAY OF KNOWING ABOUT IT UNTIL THE LIEUTENANT.

GOTCHA.

OKAY.

THANK YOU.

THAT, THAT'S ALL.

THANK YOU MR. MILLER.

UH, MR. WADDELL, THANK YOU FOR YOUR PRESENTATION.

UM, THE QUESTION I HAVE IS ON THE ADUS, THEY USUALLY, UM, REQUIRE CERTAIN ON THE FOOTPRINT, EITHER LIKE A BATHROOM OR KITCHENETTE OR DIFFERENT THING, ONE OR THE OTHER, DIFFERENT THINGS LIKE THAT.

WHAT WAS YOUR PROPOSED, I CAN'T QUITE READ IT ON THE, SO WE DO HAVE A SMALL KITCHENETTE AND THEN THERE ARE, UH, THERE ARE BATHROOMS WITHIN EACH BEDROOM, UM, THAT ARE COMPLIANT FOR PEOPLE BEING ABLE TO BE IN AND OUT THAT SIX, ESPECIALLY WITH WHAT THEY'RE GONNA MR ASHFORD.

SO MR. WADDELL, THE 900 SQUARE FEET, UM, UNIT THAT YOU ARE INTENDING TO BUILD FOR YOUR, IT SOUNDS LIKE IT'S TWO SETS OF, UH, YES.

OF, OF, UH, PARENTS AND GRANDPARENTS.

IT'S MY, IT'S MY BOTH MY PARENTS OR MY PARENTS AND THEN MY GRANDMOTHER.

OKAY.

UM, SO THE INTENT IS TO GIVE THEM, WITHIN THIS UNIT SEPARATE QUARTERS ALMOST SO THAT THEY CAN HAVE THEIR INDEPENDENCE AND BE KIND UNDER ONE UMBRELLA OF, UM, OF SUPPORT, UM, IN, IN THIS KIND OF PHASE OF, OF, OF LIFE.

UM, SO I MEAN THAT, THAT'S ADMIRABLE AND HONORABLE, UM, A PROJECT FOR, YOU KNOW, TAKING ON THAT RESPONSIBILITY.

UM, THE QUESTION THAT I HAVE IS, UM, DO YOU FEEL THAT YOU FULLY MAXIMIZE THE EFFICIENCY OF SIZE IN ORDER TO MEET THE NEEDS THAT YOU, THAT YOU WANNA SET OUT TO DO, UM, WHILE ALWA, WHILE ALSO TRYING TO STAY WITHIN THE, THE CODE? AND YOU THINK YOU'VE MAXIMIZED THAT? YES.

THAT AND I THINK JUST BETWEEN THE, FOR THE BUDGET ITSELF AS WE DISCUSSED EVERYTHING, I, I THINK THAT'S WHAT ACTUALLY THAT 900 SQUARE SATISFIED EVERYTHING US.

SO SO THE 900 SQUARE FEET IS YOU YES.

BUILT ALL, EVERYTHING THAT YOU COULD BUILD INTO THAT AND 900 SQUARE FEET IS WHERE YOU YES.

WHERE YOU LANDED.

OKAY.

THANK YOU AGAIN.

UM, THANKS FOR THE PRESENTATION AND WHY, WHAT YOU TRYING TO DO WITH YOUR FAMILY.

I APPRECIATE THAT MR. SLATE.

I'M NOT SURE THAT THIS DOESN'T KIND OF LOOP OUR DISCUSSIONS EARLIER.

SO , HE'S NOT REALLY CALLING ON THE, SO IF

[01:00:01]

WE WERE DISCUSSING THE, UH, THE EXCEPTION, BUT LEGISLATING MADE THAT ARGUMENT.

NO, NO, NO.

NOT THE, NOT THE .

UM, BUT VICE CHAIR THAT, THAT'S FINE.

UM, MR. LL, JUST IN LOOKING AT SOME OF THE IMAGES, IT LOOKED LIKE THERE WAS A BIT OF A SLOPE AT THE PROPERTY IN TERMS OF LIKE IT THUMB UP, BUT THEN HOW DID THAT WORK THROUGHOUT THE DROP? YES, THERE IS A SLOPE.

UM, I'VE HAD TO PUT IN, UH, AN ACTUAL DRAIN FRENCH DRAIN JUST BECAUSE OF THE WAY THE SLOPE COMES DOWN.

SO WITH THE ACTUAL CONSTRUCTION, WE WOULD ACTUALLY BE ABLE TO LAY A FOUNDATION AND THAT WOULD BE BALANCED OFF OF WHAT THAT SLOPE IS AND IT WOULD PROVIDE US WITH A, SOMETHING TO STOCK THAT SENSE.

GOT IT.

AND THEN, UH, MR. PITNEY WAS ASKING EARLIER KIND OF ABOUT, UH, IF YOU WERE EXPLORING OTHER OPTIONS OF MAYBE BUILDING ON TO THIS, UM, DID THEY GIVE YOU ANY SORT OF ESTIMATES AS TO WHAT THAT COST MIGHT BE TO TRY TO GET EVERYTHING ADD IN TO EXTEND OUT THE PARENT BEAM? AND THAT'S THE THING IS THE, THE POSSIBLE MOVEMENT OF A PARENT BEAM, THE TEARING OFF THE, THE BRICKS AS WELL AS THE SIDING THAT COSTING ME LEFT FROM ANOTHER 60 TO 7,000 TOP.

WHAT I'M PROBABLY TRYING TO PAY .

SO THAT WOULD'VE, WHICH WOULD EXCEED, EXCEED IN MY PARENTS' HOUSE AFTER THEY'RE GOING TO TAKING OUT LOANS.

AND THAT'S PART OF THE REASON WHY I'M TRYING TO DO THIS, IS TO TAKE STRESS OFF THEM.

SO IF THEY'RE NOT IN DEBT, THINGS THAT EXTRA THAT.

SO JUST TO MAKE SURE I HAVE THAT RIGHT IN MY HEAD.

SO THEN THAT MEANT THAT THE ESTIMATES YOU GOT WOULD'VE PUT THE COST OF THE OVERALL PROJECT TO ADD ON TO YOUR EXISTING, UH, SIGNIFICANT AT OVER 200, 240,000.

YES, IT'LL BE OPEN THERE.

THANK ANY IDEA BY EVEN ROUGHLY THE, UH, IF YOU HAD TO PUT IN A FRENCH DRAIN, THAT'S PROBABLY MORE OF AN UNDULATION THAN A PURE SLOPE.

RIGHT.

AND ANY IDEA HOW, HOW STEEP THAT IS? UH, I'M, I'M NOT SO, BUT AT LEAST STEEP ENOUGH THERE IS A DRAIN THERE.

'CAUSE THE WATER DOES COME DOWN FROM THE ACTUAL, ACTUAL AND IT DRAINS OUT TO THE SO STEWARD IT DRAINS OUT TO THE SO STEWARD.

YES.

THANK THERE.

OTHER QUESTIONS.

THANK YOU.

SO THANK YOU.

ARE THERE SPEAKERS IN, ARE THERE OTHER SPEAKERS IN FAVOR? OKAY.

UM, CAN YOU STATE YOUR NAME AND ADDRESS THAT YOU'VE BEEN SWORN IN? YES, RYAN HOUSTON.

FIVE THREE.

FIVE FIVE GOODWIN AVENUE.

I'M THE BUILDER FOR MR. WADDELL.

UM, SO WHAT, WHAT HE'S ALLOWED TO DO, I THINK I CAN PROBABLY ANSWER SOME QUESTIONS ON THE ALTERNATIVES.

UM, THE ALTERNATIVE TO ADDING ONTO A 1960S BRICK HOUSE THAT'S PURE AND BEAM IS GONNA BE SUTA SUBSTANTIALLY MORE EXPENSIVE THAN A STANDALONE ACCESSORY DWELLING UNIT.

UM, WE WOULD'VE TO FACTOR IN ENGINEERING CITY FEES, DEMOLITION, WE'D ACTUALLY HAVE TO SUPPORT HIS HOUSE A LITTLE BIT MORE.

UM, SO TYING INTO AN OLDER HOUSE IS FOR A BUILDER IS, IS KIND OF A NIGHTMARE.

YOU REALLY DON'T KNOW WHAT'S BACK THERE.

SO I WOULD IMAGINE, YOU KNOW, THE QUOTES HE'S GOTTEN AND WHAT WE GAVE HIM ARE SUBSTANTIALLY MORE THAN WHAT, WHAT HE IS PROPOSING.

UM, JUST TO PUT IT IN PERSPECTIVE, YOU KNOW, IF WE WERE KIND OF BUDGETING A PRICE PER SQUARE FOOT ON AN ADD-ON, WE WOULD DO ABOUT $300 TO LIKE $310 A SQUARE FOOT.

FOR A STANDALONE ACCESSORY STRUCTURE, IT'D BE ABOUT 250 TO $270 A SQUARE FOOT.

SO JUST A LOT OF UNKNOWNS.

UM, A LOT OF THINGS UNACCOUNTED FOR.

UM, SO YEAH, IT, HI, HIS ALTERNATIVE IS, IT WOULD BE SUBSTANTIALLY MORE TO ADD ON THOSE EXISTING HOUSE FOR THAT SAME AMOUNT OF SQUARE APPROACH.

UM, THANK YOU.

UM, QUICK, QUICK QUESTION.

SO IN, IN YOUR PROFESSIONAL OPINION MM-HMM .

SO IF YOU HAD, IF YOU HAD GONE THE ROUTE OF ADDING ONTO THE EXISTING STRUCTURE, ONCE YOU START TO DO CONSTRUCTION ON AN EXISTING STRUCTURE, ARE WOULD YOU THEN OPEN UP, UM, OPEN UP THE, UH, REQUIREMENTS TO BRING UP LIKE ANY CODES THAT IT'S AN OLDER HOUSE, RIGHT? RIGHT.

ANY, ANYTHING THAT WERE, THAT MAY HAVE BEEN APPROVED ON OLDER CODE, UH, ELECTRICAL, PLUMBING, THINGS OF THAT NATURE, WHICH WOULD'VE

[01:05:01]

ALSO, WHICH WOULD HAVE TO BE UPDATED RIGHT.

ADDED TO THE COST, RIGHT? CORRECT.

OKAY.

SO YEAH, COMPLIANCE OF WHAT WE FIND BACK THERE ALL OF A SUDDEN BECOMES PART OF THE PROJECT.

AND THEN UNFORTUNATE PART OF CONSTRUCTION IS CHANGE ORDERS AND THINGS LIKE THAT, BUT WE DON'T KNOW KNOW, YOU KNOW, UNTIL WE START.

THAT'S, THAT'S WHY PEOPLE QUOTE SUCH A HIGHER NUMBER TO ADD ON AN EXISTING OLDER HOUSE.

THANK YOU.

MR. HOUSTON.

UM, COULD YOU RESTATE THOSE PRICE PER SQUARE FOOT NUMBERS? SO WITHOUT KNOWING EVERYTHING ON UTILITY HOOKUPS, BUT LIKE, JUST BALLPARK NUMBERS, 250 TO $275 WOULD BE A STANDALONE A DU BECAUSE WE'RE IN CONTROL OF EVERYTHING AS A BUILDER WARRANTY, ALL OF IT, EVERYTHING WE TOUCH IS OURS.

IF WE HAD TO GO TO A ATTACH ONTO A HOUSE, WE'RE, WE'RE TALKING 300 TO $310 A SQUARE FOOT AND THEN TIMES 900 IS PRETTY SUBSTANTIAL.

WELL, YOU DELTA THERE BECAUSE I MEAN IF 900 TO 300 THERE, THAT'S 270.

SO, UH, UH, 2 24 IS TWO 50, SO 240.

SO YOU'RE LOOKING AT THE DIFFERENCE BETWEEN AT AT 250 YOU'RE AT, UH, $240,000.

SOMEBODY WANTS CHECK ME, I THINK I'M RIGHT NOW.

AND AT 300, YOU'RE AT 2200 70,000.

SO YOU'RE AT A $30,000 DIFFERENCE.

OH, I JUST WENT 302 50, 75 9.

BUT AT A MINIMUM I WAKE A REASONABLE, UM, A WIDENING DIFFERENCE.

UM, WE WE'RE GETTING VERY DA WE'RE GETTING DANGERS.

WE'RE BOTH PURELY TALKING ABOUT FINANCIAL.

UH, ARE THERE OTHER, MR. FINNEY LOOKS LIKE HE'S GONNA BUSH.

UH, YES.

SO GIVEN THAT THE, THE ACCESSORY DWELLING UNIT WILL NEVER BE FOR RENT, WILL WE, UH, WILL IT STILL TIE INTO THE, UH, ELECTRIC METER ON THE EXISTING HOME OR CORRECT.

IT'LL BE ONE METER.

YEAH.

OKAY.

YEAH.

YEAH.

JUST ONE METER.

SAME UTILITY BILL.

YES.

RIGHT.

THANK YOU.

YEAH, WE'RE, IF WE PROVE IT WOULD BE DONE ON THE YEAH, THERE'S DISCUSSION THAT AND I'M IN CHARGE OF ANYTHING EVER AGAIN, THERE'S GOING TO BE NO WELCOME BACK.

ONE SECOND.

IF, IF ANYONE HAS A QUESTION, PLEASE ASK.

I THINK WE'RE ALL JUST ENJOYING THE FATHER NUMBER.

THANKS.

WE FIGURED IT'S THE, THE LAST RAH.

SO WE GOTTA LET YOU, YOU HAVE BENNY HILL AT, AT HAND.

GO FOR IT.

UH, AND FOR, FOR WHAT IT'S WORTH, THE, UH, OPPOSITION THAT CAME IN OVER THE WEEKEND, WE THINK IS LIKE HALF MILE AWAY FROM HIM.

SO NOT QUITE IN THE 200 FEET RADIUS.

PROBABLY DROVE BY.

I SAW THE SIGN, BUT THANKS CHAIR.

WHILE YOU'RE LOOKING, ASK A COUPLE MORE QUESTIONS.

UM, SO I IMAGINE YOU'VE SORT OF SURVEYED THE AREA TO SEE, DID YOU IDENTIFY OTHER, A U WOULD'VE BEEN THIS NEIGHBORHOOD OR, OR, UM, SORT OF BROAD STRUCTURE THAT MIGHT BE VISIBLE FROM THE FRONT ROADWAY? YES, YES.

THERE'S SOME, THERE'S SOME WITHIN A MILE EVENT.

YEAH.

AND IT ALSO LOOKED LIKE, UM, WHEN WE SAW THE VIDEO, AND AGAIN, I APPRECIATE YOU MIGHT NOT HAVE BEEN ABLE TO SEE THE, UM, STAFF DID NOT VIDEO EVIDENCE SORT LIKE WHAT THE NEIGHBORHOOD LOOKS LIKE.

KIND GIVE US A BIT MORE MM-HMM .

IT LOOKED LIKE A LOT OF THE MAIN DRIVEWAY, THE GARAGE ACCESS WAS THROUGH KIND OF AN ALLEY THAT I WALKED.

UM, IN TERMS OF THE ELEVATION ALSO LOOKED LIKE THE SYMPTOM PROPERTY.

THERE WAS A BIT OF A PARTY THERE APPROPRIATE.

HOW MUCH OF THE, THE STRUCTURE WOULD TOWARD BE VISIBLE OVER THAT INCH FROM, FROM THE FRONT STREET OR THE BACK ALLEY? FROM THE BACK ALLEY? I'D SAY VERY LITTLE.

I MEAN, WE'RE, WE'RE, WE PURPOSELY BUILT IT AS A, AS A ONE STORY.

SO IT'S, IT'S ONE STORY AND BLADDER INSTEAD OF TWO STORY AND HIGHER.

SO, UM, I, I WOULD SAY VERY LITTLE, JUST KIND OF WHERE IT'S POSITIONED LIKE ON THE SITE PLAN

[01:10:01]

IN, I, I DON'T, I HAVEN'T SPENT A TON OF TIME IN THAT ALLEY, BUT I DON'T THINK IT'S VERY HIGH TRAFFIC AT ALL.

I MEAN, FROM, FROM WHAT I'VE SEEN, I MEAN, AND UM, YEAH, IT JUST, IT DOESN'T SEEM LIKE IT'S A VERY HIGH TRAFFIC, BUT I, I DON'T SUSPECT YOU'D BE ABLE TO SEE VERY MUCH.

MAYBE A LITTLE BIT OF GROUP, BUT YEAH, IT, IT WOULDN'T BE LIKE A BIG MONSTROSITY OR ANYTHING LIKE THAT.

AND IS THAT WHY THE, UM, PROPOSED ACCESS POINT A BU IS ON THE SIDE? BECAUSE THAT WOULD BE CLOSEST TO THE DRIVEWAY.

CORRECT.

THEY'RE, THEY'RE ELDERLY, SO YEAH, JUST CLOSE, CLOSE EASY ACCESS FOR THEM.

OKAY.

VICE, THESE ARE MY QUESTIONS.

I HAVE ONE MORE QUESTION, ACTUALLY ALREADY FOUND A DISPOSED OF WHAT I WAS LOOKING FOR.

SO, MR. MR. FINN, UM, SO WHAT IS THE ACCESSIBILITY OF THE ALLEY LOOK LIKE? BECAUSE A LOT OF ALLEYS IN OUR CITY ARE NOT VERY USABLE MM-HMM .

UM, LIKE THERE'S NOT A LOT OF TRAFFIC FOR A REASON.

RIGHT.

UM, SO WHAT IS, WHAT, WHAT IS THE ACCESSIBILITY OF THE ALLEY? UH, I WOULD SAY IT'S PAVED.

I, I MEAN IT'S PAVED.

IT COULD PROBABLY BE IMPROVED A LITTLE BIT, BUT IT'S NOT AS BAD AS SOME OF LIKE THE EAST DALLAS ALLEYS WHERE TRUCKS CAN'T EVEN GET THROUGH 'EM.

I MEAN, LIKE, YOU CAN DEFINITELY GET A CAR FOR SURE.

OKAY.

AND SO IT'S NOT OVERGROWN WITH TREES? NO.

OKAY.

NO, IT'S OPEN.

OKAY.

YEAH.

AND, UM, MAYBE THIS IS A QUESTION FOR MR. WADDELL, BUT, UM, CURRENTLY LIKE THE, FOR THOSE OF YOU THAT LIVING, LIVING IN THE PRIMARY RESIDENCE, DO YOU PRIMARILY ACCESS THE HOUSE FROM THE STREET OR FROM THE ALLEY? SO YOU SAID YOU CAN REPEAT THAT QUESTION? YES.

UM, NEED YOU TO STATE YOUR NAME AGAIN? LEON WADDELL.

UH, AT THE RESIDENCE OF 1545 ACO DRIVE.

THANK YOU.

IT KEEPS OUR RECORD CODE.

UM, SO I NOTICED THAT YOUR, YOUR BACK, YOU HAVE A FRONT DRIVEWAY AND A BACK DRIVEWAY.

YES, SIR.

UM, AND THE BACK DRIVEWAY SEEMS TO CONNECT TO THE MAIN RESIDENCE.

YES.

SO I'M, I'M CURIOUS, UH, YOU AND YOUR FAMILY CURRENTLY, DO YOU PRIMARILY USE THE FRONT DRIVEWAY TO ACCESS THE HOUSE OR DO YOU PRIMARILY USE THE BACK OR 50 50? I USE THE, THE, THE BACK.

OKAY.

ALL THE TIME.

OKAY.

THE FRONT.

I JUST, IT SOMEBODY JUST FIX.

OKAY.

SO YOU'D BE SHARING THE DRIVEWAY WITH YOUR YES SIR.

YOUR RELATIVES.

OKAY.

SO YOU ALREADY USED THE ALLEY, SIR, TO SIR, ACCESS YOUR HOME WITH NO PROBLEM.

I TALKED TO ONE OF THE GENTLEMEN ACROSS FROM ME THAT'S ON THE BACKSIDE OF IT.

HE SAID THAT THEY HAD A WHOLE ALLEY CLEARED OUT AND ACTUALLY SOME IMPROVEMENT DONE BACK THERE AS WELL TOO, WHICH IS WHY WE HAVE ACCESS ONE SIDE.

THAT'S GREAT.

AWESOME.

THANK YOU.

I EVERYONE WELCOME.

EXCUSE OTHER QUESTIONS.

THANK YOU.

OKAY.

UM, PROBABLY USED OUR TIME.

DO, DO WE HAVE SPEAKERS IN OPPOSITION? NO, THE SPEAKER RIGHT.

DISMISS IF YOU'D LIKE TO MAKE A QUICK CLOSE.

UH, YOU DON'T NEED TO.

I THINK YOU'VE MADE YOUR PRESENTATION.

I APPRECIATE IT.

I APPRECIATE THE TIME JUST TO ALLOW 'EM, JUST TO UNDERSTAND THE BOARD MEMBERS, BUT PRESENT THIS AND HOPEFULLY REQUEST THOSE HERE.

THANK YOU, SIR.

THANK YOU.

THERE A MOTION MR. FINNEY? I'D LIKE TO MAKE A MOTION, SIR, TO, UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA TWO FIVE DASH 0 0 0 3 4 ON APPLICATION OF LEON LIDDELL GRANT, THE 364 AND A HALF SQUARE FOOT VARIANCE TO THIS, TO THE FOUR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS.

BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE FISCAL 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 HIS 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.

VICE CHAIR, I'LL SECOND IT.

UM, UH, MR. FINNEY'S MOTION? MR. SLADE SECOND.

IS THERE A DEED RESTRICTION IN YOUR, OKAY, SO THAT'S THE DISCUSSIONS.

YOUR, YOUR MOTION.

YES.

UM, THIS MIGHT BE THE MOST IMPRESSIVE A DU APPLICATION I'VE I'VE SEEN.

UM, NUMBER ONE, UH, THE APPLICANT WAS VERY THOROUGH IN HIS ENGAGEMENT WITH HIS NEIGHBORS.

UM, NOT ONLY DID WE HAVE LETTERS OF SUPPORT, UM, BUT WE HAD A PETITION WITH SIGNATURES.

UM, I WAS VERY IMPRESSED WITH THAT.

UM, HE ALSO BROUGHT NUMBERS AND THAT'S SOMETHING THAT WE RARELY SEE.

[01:15:01]

UM, HE BROUGHT HIS CONTRACTOR WHO WAS ABLE TO GIVE US SOME PRETTY CONVINCING NUMBERS.

UM, AND SO I, UH, I HAD SEEN NO PROBLEM WITH GRANTING THE VARIANCE.

THANK YOU, MR. FINN.

MR. SLATE.

UM, THIS MIGHT BE THE PART BEFORE THE FORCE IN TERMS OF THE PRECINCT FOR FOOTAGE OVER OTHERWISE, UM, BUT SINCE THIS IS THE CHALLENGE THAT THE UNNECESSARY ARCH IN THERE, I THINK THIS IS THAT BASED ON, UM, THE STATUTE WE WAS SPEAKING EARLIER, , UH, AND SAY THAT GIVEN THAT THE RESTRICTION OF THE SENSOR THAT THE HOUSE SMALLER.

UM, SO I'M A LITTLE BIT, I I DON'T LIKE HOW CLOSE WE GOT TO TALKING ABOUT PURELY FINANCIAL REASONS FOR, FOR MAKING THIS DECISION.

UH, I CAN GET AROUND IT A LITTLE BIT BECAUSE IT WAS AN UNDULATION, UH, AND A SLOPE.

UM, UH, BUT THAT'S 'CAUSE I'M TRYING, UM, UM, YOU KNOW, I I IT'S ALMOST PHILOSOPHICAL.

I, I DON'T KNOW EITHER EVEN WHICH, WHICH OF THESE MOTIONS THIS APPLIES TO.

BUT, UM, AND, AND HOW WE WE WOULD DO THAT MATH MEAN, FOR EXAMPLE, YOU LOOK AND SAY THERE'S A $30,000 DIFFERENCE TO BUILDING ON AND BUILDING SEPARATELY.

THAT'S, YOU KNOW, CLOSE TO THE THRESHOLD.

UH, YOU KNOW, IF YOU SAY THE, THE STRUCTURE IS 80% OF THE VALUE.

UH, BUT IF, IF YOU LOOK AT IT DIFFERENTLY AND SAY, YOU KNOW, THE WHOLE PROJECT RELATIVE TO THE EXISTING VALUE, THEN IT'S, THEN IT'S A HUNDRED PERCENT.

AND THAT WIPES OUT IF WE SO CHOOSE TO.

AND THERE'S NO GUIDANCE AS TO WHEN THEN THAT WIPES OUT.

NUMBER TWO, THE CHECKS NUMBER TWO ON THE BEARINGS.

UH, BUT I'VE SOLVED IT IN MY HEAD BY, UM, KNOW IF YOU'VE GOT A FRENCH DRAIN IN THE MIDDLE OF YOUR, OF YOUR PROPERTY.

YOU, YOU, UH, YOU'VE GOT SLOPES AND AND ISSUES BUT YOU PROBABLY DON'T WANNA MESS WITH, YOU DON'T .

WELL, THAT'S HOW I GOT AROUND IT.

OTHER COMMENTS? MS. WILLIAMS? MR. MILLIKEN? AYE.

MR. STON? AYE.

MR. SLATE? AYE.

MR. FINNEY? AYE.

MR. VICE CHAIR AYE.

MOTION TO GRANT PASSES? FIVE TO ZERO.

IS THERE A SECOND MOTION? I WOULD LIKE TO MAKE A MOTION MR. VICE CHAIR.

MR. FINN, I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BO OA DASH 25 DASH 0 0 0 0 3 4 ON APPLICATION OF LEON WADDELL GRANT THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT NOT FOR RENT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE.

'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.

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 AND THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL DRAWING UNIT AS RENTAL ACCOMMODATIONS.

IS THERE A SECOND VICE CHAIR? CHAIR? SLATE SECONDS.

MR. FINNEY'S.

MOTION SECONDED BY MR. SLATE.

MR. FINNEY, I, UM, I ECHO MY COMMENTS.

UM, UH, BUT SPECIFICALLY REGARDING THE, UM, THE, THE, THE APPLICANT'S GOOD FAITH EFFORTS ON GETTING, YOU KNOW, SUPPORT FROM HIS NEIGHBORS, HE ALSO HAD VERY, UM, CONVINCING, UM, UH, TESTIMONY THAT, UH, HE INTENDS TO USE THIS, UH, FOR HIS FAMILY MEMBERS.

UM, THAT HE DOES NOT INTEND TO RENT IT OUT.

SO I SEE NO REASON NOT TO GRANT THE VARIANCE.

OTHER COMMENTS? MS. WILLIAMS? MR. MILLIKEN? AYE.

MR. SLATE? AYE.

MR. TON? AYE.

MR. FINNEY? AYE.

MR. VICE CHAIR AYE.

MOTION TO GRANT PASSES? FIVE TWO.

OKAY.

UM, IT IS TWO 30, I'M SORRY, 2:22 PM ON SEPTEMBER 15TH, 2025.

UH, I MOVED WITH

[01:20:01]

THE BOARD OF ADJUSTMENTS.

UH, ADJOURN.

SECOND.

MR. FINN? SECOND.

I SECOND.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

OPPOSED NAY.

UH, MOTION PASSES FOUR TO ONE.

WE ARE ADJOURNED.

THANK YOU.