* 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. [00:00:04] GOOD AFTERNOON [Board of Adjustments: Panel C on October 20, 2025.] AND WELCOME TO THE BOARD OF ADJUSTMENT. UH, I AM JARED SLATE AND I'M HONORED TO SERVE AS THE INTERIM PRESIDING OFFICER FOR THE FULL BOARD OF ADJUSTMENT OF ITS PANEL C. TODAY IS MONDAY, OCTOBER 20TH, 2025 WITH THE TIME OF 1:02 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL C TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE. UH, A FORUM WHICH IS MINIMUM FOUR OF FIVE OF OUR PANEL MEMBERS IS PRESENT, AND THEREFORE WE CAN PROCEED. UM, INTRODUCTIONS AGAIN, I'M JARED SLADE. TO MY LEFT IS LINDA GARDNER. TO HER LEFT IS RODNEY, AKA. HIS LEFT IS MICHAEL DORN, AND TO HIS LEFT IS ROGER SACHIN. UM, STAFF PRESENT INCLUDES THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. KKA MILLER HOSKIN, BOARD ADMINISTRATOR AND CHIEF PLANNER, MARY WILLIAMS, BOARD SECRETARY DEAN MODERATOR. UH, BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAIVER. THIS 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 FILE. WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED TO OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE, NO ACTION DECISION ON A CASE THAT'S A PRECEDENT. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, AND THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH NECESSARY FACTS TO WARRANT FAVORABLE ACTION BY THE BOARD. WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING. THAT WAS A HEARING THAT STARTED AT 10 30. AND WE'LL HAVE A, A BRIEF INTERLUDE BEFORE WE CONTINUE TO CAPTURE THOUGHTS BY DAVID NAVAREZ ON A PENDING CASE AND ALSO HAVE REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO PUBLIC HEARING. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION OF ANY CASE THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS. ALL THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE APPROVAL OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING OFFICIAL ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL. ALL OTHER MOTIONS REQUIRE SIMPLE MAJORITY VOTE 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 A PUBLIC RECORD FOR EACH CASE. ANYONE DESIRING TO SPEAK TODAY MUCH REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON OUR AGENDA FOR A MAXIMUM OF THREE MINUTES. A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR MAXIMUM FIVE MINUTES. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX. ALL COMMENTS ARE TO BE RE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN WITH THAT. UH, AND BEFORE WE MOVE TO THE APPROVAL OF THE MINUTES AND OUR FIRST MISCELLANEOUS ITEM, UM, AS WE WERE WRAPPING OUR BRIEFING THIS MORNING, MR. NAVAREZ HAD A COMMENT IN RESPECT OF THE CASE ENDING IN OH FOUR EIGHT, THAT'S BOA 2 5 0 0 0 0 4 8. HE WAS SPEAKING NOT ON THE APPLICATION FOR UM, REIMBURSEMENT OF FEES, BUT INSTEAD TO THE CASE ITSELF, WHICH CURRENTLY IS ON THE CONSENT DOCKET. UH, I UNDERSTAND MR. NAVAREZ HAD SOME COMMENTS HE SOUGHT TO HAVE MADE AND HE'S AVAILABLE TO COMPLETE THE BRIEFING BY SHARING THOSE THOUGHTS WITH THE PANEL NOW BY VIDEO. UH, MR. VAR, THANK YOU FOR JOINING US. WOULD YOU MIND, UM, HELPING US APPRECIATE ANY CONCERNS YOU MAY HAVE IN RESPECT OF CASE ZERO ENDING IN ZERO FOUR? PLEASE IF YOU'RE AFTERNOON BOARD MEMBERS. GOOD AFTERNOON BOARD MEMBERS. THIS IS DAVID NAVARRE SPEAKING, UH, TRANSPORTATION DEVELOPMENT SERVICES. UM, OUR COMMENTS, WHAT WE WANTED TO MAKE SURE THAT THERE WAS, UH, A, A RESPONSE REVIEW SHEET OR FOR YOUR RECORDS INDICATING THAT STAFF ENGINEERING STAFF HAS NO OBJECTION TO THE REQUEST. WE DID WANNA LET THE APPLICANT KNOW THAT THE, THE SITE PLAN WILL HAVE TO HAVE A REVISION TO THE WIDTH OF THEIR DRIVEWAY AT PERMITTING. SO WE DIDN'T WANT THE APPLICANT TO, OR, OR OUR OMISSION TO BE MISCONSTRUED AS AN ACCEPTANCE OF A WIDER, WIDER DRIVEWAY THEN, THEN THAN WHAT WILL BE REQUESTED AT PERMITTING. UM, I I DON'T THINK THAT I REALLY NEED TO DWELL ON IT. WE SIMPLY WANTED TO MAKE SURE THAT THE BOARD MEMBERS UNDERSTOOD, KNEW THAT THERE IS NO OBJECTION ON THE ACTUAL REQUEST ITSELF. JUST A, A CAVEAT ON A CAVEAT ON, ON THERE, THE, THE SITE PLAN THAT WAS [00:05:01] PRESENTED TO YOU THIS MORNING, SO JUST TO MAKE SURE I HAVE THAT COMPLETELY STRAIGHT, AT LEAST IN MY MIND, YOU'RE SAYING THAT THE APPLICANT WILL STILL HAVE TO COMPLY WITH CITY CODE FOR ALL ASPECTS OF THE APPLICATION BESIDES ANY RELIEF THAT WE MIGHT GRANT TODAY, WHICH IS A GIVEN SIR. AND SO YES, ABSOLUTELY. IT'S A GIVEN. WE JUST DIDN'T WANT TO MAKE. AND TYPICALLY YOUR MOTION SHOULD YOU CHOOSE TO APPROVE IT, IT WOULD GO ALONG THE LINES OF SUBJECT TO THE ATTACHED SIDE PLAN. WE WANTED TO MAKE SURE THAT IT'S NOT MISCONSTRUED AS AN INTERPRETATION THAT THEY, THAT, THAT ALL OTHER CITY STANDARDS WOULD BE GRANTED, UH, AND DEVIATION. THANK YOU. THANK YOU. UM, AND DO ANY OF THE PANELISTS HAVE ANY FOLLOW UP QUESTIONS FROM MR. DEVARO? HEARING NONE. OKAY. I BELIEVE THAT IS SUFFICIENT THEN TO FORMALLY CONCLUDE THE BRIEFING THAT WAS CONCLUDED THIS MORNING. THANK YOU MR. NAVAREZ FOR JOINING US. UM, WITH THAT, UM, OUR FIRST ITEM OF BUSINESS IS TO ADDRESS A PANEL C MINUTES FROM SEPTEMBER 15TH, 2025. BY CHANCE. DO I HAVE A MOTION MR. SASH? I'M SORRY. I'M SITTING. UM, VICE CHAIR AG, UM, , UM, EXCUSE CHAIR. I HAVE A MOTION. UM, I MOVE THAT THE BOARD OF ADJUSTMENTS ACCEPT THE, UM, PREVIOUS MEETING MINUTES AS THEY HAVE BEEN PRESENTED. HAVE A SECOND. SECOND I, MS. GARNER, THANK YOU SO MUCH. UH, ANY DISCUSSION? HEARING NONE. LET'S CALL A OR I GUESS IT'S A VOICE VOTE. MR. SINGTON? AYE. MR. MILLIGAN? AYE. MR. DORN? AYE. MS. GARDNER? AYE. MR. SLATE? AYE. MOTION PASSES. FIVE TO ZERO. EXCELLENT. THANK YOU. AND I BELIEVE OUR REMAINING VOTES WILL ALSO BE BY, UH, VOICE CALL. UM, AND SORRY FOR NOT LETTING US GO SIMPLE ROUTE FOR THE FIRST TIME. UH, OUR FIRST, HER NEXT ITEM IS GOING TO BE BO OA 2 5 0 0 0 0 4 8 FR ONE. THIS RELATES TO THE APPLICATION OF EDMOND ADA VARGAS FOR A FEE REIMBURSEMENT FOR FEES PAID IN ASSOCIATION WITH CASE NUMBER BO A 2 5 0 0 0 4 8. UM, MS. S, YOU'D LIKE TO COME ON UP TO THE PODIUM, MAKE SURE THE MICROPHONE IS ON. UM, MS. WILLIAMS WILL ASK YOU TO STATE YOUR NAME AND ADDRESS, UH, AND THEN YOU'LL HAVE AN OPPORTUNITY TO EXPLAIN TO US WHY THIS CAUSE IS A SUBSTANTIAL FINANCIAL HARDSHIP. UM, GOOD AFTERNOON. UH, MEMBERS OF THE BOY, UH, THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK TODAY. I'M SORRY. MR. VARGAS, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? FIRST? UH, IT'S GONNA BE EDWIN MARANDA VARGAS. 1315 MCKENZIE STREET, DALLAS, TEXAS SEVEN, FIVE. OKAY. I'M GONNA SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. UH, MY NAME IS ED MARANDA AND I'M HERE RESPECTIVELY TO REQUEST A WAIVER OR REIMBURSEMENT OF 2020 $5 BOARD OF ADJUSTMENT FILING FEE THAT I HAVE ALREADY PAID. I'M CURRENTLY RENOVATING MY HOME TO CONVERT IT TO A TWO CAR GARAGE INTO A MASTER BEDROOM. THIS IS NOT A LUXURY PROJECT, IT'S A NECESSITY. ONE. MY GOAL IS TO TO CREATE A SAFE AND STABLE LIVING SPACE FOR MY MOTHER AND SISTER. BOTH OF THEM SUFFER FROM MENTAL HEALTH ISSUES AND DEPEND ON ME FOR DAILY CARE AND HOUSING. TO DATE, I ALREADY PAID 1600 IN PERMITS AND CITY FEES AND ADDING THE 2020 $5 FILING FEE AS CREATED A SIGNIFICANT FINANCIAL HARDSHIP FOR ME AND MY FAMILY. MY HOUSEHOLD INCOME IS CURRENTLY ABOUT $800 A MONTH AND CAN VARY OFTEN COVERING BASIC LIVING EXPENSES LIKE RENT, FOOD, UTILITIES, TRANSPORTATION, AND MEDICAL NEEDS. THERE'S VERY LITTLE LEFT. I'VE BEEN UNEMPLOYED FOR THE PAST THREE MONTHS AFTER THE COMPANY I WAS LEASED ONTO, LOST A MAJOR CONTRACT. IN THE MEANTIME, I'VE STARTED DRIVING FOR UBER TO GENERATE SOME INCOME. I'VE SOLD PERSONAL ASSETS AND BUSINESS VEHICLE JUST TO STAY AFLOAT, BUT THESE ARE SHORT TERM SOLUTIONS, NOT SUSTAINABLE. THE, THE RENOVATION IS BEING FINANCED THROUGH CREDIT CARD, PERSONAL LOANS, AND MY REMAINING SAVINGS AND THE COMBINED COSTS [00:10:01] AND INTEREST ARE BECOMING OVERWHELMING. ALSO DUE TO A MISCOMMUNICATION. I WAS NOT NOTIFIED ABOUT THE SCHEDULED FEE WAIVER HEARING AND UNFORTUNATELY MISSED THE OPPORTUNITY TO ATTEND. I UNDERSTAND THAT THINGS HAPPEN AND STAFF ACKNOWLEDGE THE OVERSIGHT WHEN I BROUGHT IT UP, BUT AS A RESULT, I HAD NO CHOICE BUT TO PAY THE 2020 $5 FILING FEE UP FRONT TO KEEP MY CASE MOVING FORWARD. I'M NOT ASKING FOR RE I'M NOW ASKING FOR REIMBURSEMENT, NOT BECAUSE I WANT TO BYPASS ANY REQUIREMENTS, BUT BECAUSE I SIMPLY NEVER HAD THE CHANCE TO GO THROUGH A PROCESS DUE TO CIRCUMSTANCES BEYOND MY CONTROL. I WANT TO BE CLEAR, I'M NOT ASKING FOR SPECIAL TREATMENT. I'M ASKING FOR SOME RELIEF UNDER THE CITY'S HARDSHIP PROVISION SO I CAN CONTINUE TO FOLLOW THE PROCESS AND REMAIN IN COMPLIANCE AND CARE FOR MY FAMILY WITHOUT BEING FINANCIALLY OVERWHELMED. I RESPECTFULLY ASK YOU MORE TO CONSIDER REIMBURSING THE STREET SO I CAN CONTINUE THIS PROJECT WITHOUT FURTHER HARDSHIP. THANK YOU VERY MUCH FOR YOUR TIME, UNDERSTANDING AND CONSIDERATION. THANK YOU. MR. S I'LL ASK, OH, I'M SORRY. NO, PLEASE. UM, I HAVE SOME, SOME, UM, SOME, UH, SETTLEMENT SHEET FROM THE EMPLOYER THAT I USED TO BE WITH. ALSO HAVE THE FILING FEES THAT I PAY. ALSO SOME OTHER COSTS RELATED TO GETTING THE, THE, UH, ARCHITECTURAL PLAN MODIFIED AND STUFF LIKE THAT. THANK YOU. UH, BEFORE WE TAKE THAT FROM YOU, LET'S SEE IF WE HAVE ANY QUESTIONS BECAUSE ANYTHING YOU GIVE US WOULD GO INTO THE RECORD. UM, AND IN CASE WE DON'T NEED TO TAKE THAT PERSONAL INFORMATION MIGHT NOT BE. DO ANY PANELISTS HAVE ANY QUESTIONS THAT, UM, CHAIR SLATE? I HAVE A COUPLE QUESTIONS. GO AHEAD. MR. T UM, MR. VARGAS, UM, WOULD YOU SAY THAT WELL, UH, HAVE YOU INCURRED ANY ADDITIONAL, UM, COSTS ASSOCIATED WITH BEING HERE TODAY? UM, BESIDES NOT, NOT WORKING DURING UBER? NO. RIGHT. SO, SO YOU, YOU, SO BEING HERE TODAY CAUSES YOU TO LOSE ADDITIONAL INCOME BECAUSE YOU'RE NOT DRIVING, OBVIOUSLY. UM, UH, TAKING, UM, PART IN YOUR, YOUR CURRENT EMPLOYMENT. UM, COULD YOU SPEAK TO ANY, ANY ADDITIONAL, UM, COSTS THAT YOU MAY HAVE OCCURRED INCURRED, UM, AS, AS YOU'VE TRIED TO MOVE ALONG THIS PROCESS? BECAUSE YOU, UH, BESIDES THE, THE, THE, THE 2020 $5 BILL THAT I PAID FOR TO BE HERE TODAY, UH, PROBABLY ABOUT ANOTHER 800 IN, IN, INTO THE ARCHITECTURAL DRAWING BECAUSE I HAD TO GO BACK TO, TO THE PERSON THAT DREW 'EM UP AND MODIFY 'EM. SO I CAN BRING THEM UP HERE TODAY, WHICH THAT WAS ABOUT $800. OKAY. SO DESIGN COSTS, LOST WAGES. UM, SO LAST QUESTION MR. VARGAS. UM, YOU MENTIONED THAT YOU MISSED THE WAIVER HEARING FOR CIRCUMSTANCES BEYOND YOUR INSIGHT OR CONTROL. COULD YOU GIVE US SOME MORE INSIGHT TO THAT? BECAUSE IT'S VERY IMPORTANT. YES. UM, ALSO I WANNA BRING UP THAT I'M NOT HERE TO POINT FINGERS, BUT, UM, I WAS NEVER NOTIFIED OF THE HEARING AND I BELIEVE IT WAS HERE IN THE SAME PANEL. UM, I THINK DI UH, DIANA WAS, WAS IN VACATION AND THERE WAS A MISUNDERSTANDING BETWEEN, UM, BRIAN, I BELIEVE BRIAN AND HER, AND SOMETHING GOT MIXED UP AND I NEVER GOT NOTIFIED OF IT UNTIL I GOT A LETTER FROM, FROM CITY HALL SAYING THAT WITH, WITHOUT, WITH WITHOUT PREJUDICE. I WAS, UM, DENIED. AND THAT'S, SO TECHNICALLY I DIDN'T, I DIDN'T HAVE A CHANCE TO COME UP HERE AT, AT THE BEGINNING AND SHOW AND SPEAK. UH, AND THAT'S WHY I MAY GET THERE INSTEAD. THANK YOU, MS. VAR. THANK YOU DAWN, DEARLY. ARE THERE ANY OTHER ADVICE? MS. LEWIS? THANK YOU CHAIR LEE. UH, MR. VARGAS, MY QUESTION WOULD BE, CAN YOU EXPLAIN TO ME HOW THE DELAY INCREASED YOUR, I GUESS, YOUR DRAWINGS FROM YOUR ARCHITECT BY $800? WELL, IT WAS, IT, IT WAS A COMBINATION OF EVERYTHING. IT, IT WASN'T JUST EXCLUSIVELY FOR THAT. I WENT BACK AND FORTH AND I HAD 'EM MODIFY 'EM AS WELL BECAUSE OF THE, OF THE DRIVEWAY APPROACH. IT WAS TOO WIDE AS, AS, UH, YOU KNOW, UH, THE BARS, BARS SAID I HAD TO, I HAD TO GET THAT MODIFIED AS WELL. UM, THERE, THERE WAS A FEW MODIFICATIONS MINOR THAT WERE DONE TO IT, [00:15:03] BUT THAT WAS A RESULT OF THE DELAY OR IS THAT SOMETHING YOU DECIDED TO DO LATER ON? NO, NO, NO. IT, IT WAS, IT WAS PART OF THE DELAY BECAUSE WHEN, WHEN I SUBMITTED THE PERMITS, OBVIOUSLY I COULDN'T MOVE FORWARD. SO THEN I HAD TO, THAT'S, THAT'S, THAT'S WHEN I HAD TO SUBMIT THE APPLICATION FOR THE BOARD OF ADJUSTMENTS. AND WHEN I SUBMIT AT THE COURT OF SUBMIT THE APPLICATION TO THE BOARD OF ADJUSTMENT, THEN I HAD TO MODIFY THE, THE SITE PLAN AND EVERYTHING BECAUSE OBVIOUSLY THEY, THEY, THEY, THE CITY WOULDN'T ACCEPT THEM THAT WAY. AND WHICH BRINGS ME HERE TODAY, I THINK HE'S SAYING HE GOT FEEDBACK FROM MR. NAVAR AND THAT PROMPTED THE CHANGE IN DRAWINGS, I THINK. CORRECT. RIGHT. NOT, NOT, NOT ONLY NAVARRE, ALSO, ALSO SOME OTHER MEMBERS FROM, FROM THE, UM, BUILDING PERMIT OFFICE CITIZEN. THANK YOU. ANY OTHER QUESTIONS? DO I HAVE MR. R, UNLESS YOU HAD SOMETHING ELSE, UM, I'LL BE ASKED HIM FOR A MOTION. WE DISCUSS YOUR APPLICATION. NO, SIR. CHAIR SLATE. I HAVE A, I HAVE A MOTION I MOVE AT THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BD BA DASH 25 DASH FOUR EIGHT FR ONE ON APPLICATION OF EDWIN M VARGAS. GRANT, THE REQUEST TO REIMBURSE THE, THE FILING FEES PAID IN ASSOCIATION WITH A REQUEST FOR A SPECIAL EXCEPTION TO THE LANDSCAPE REGULATIONS AND A VARIANCE TO THE OFF STREET PARKING REGULATIONS AS REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD RESULT AS FINANCIAL FINANCIAL HARDSHIP TO THIS APPLICANT. IS THERE A SECOND? I WILL GO AHEAD AND SECOND THE MOTION DISCUSSION. MR. SINGTON, IT'S YOUR MOTION IF YOU'D LIKE TO START. I, I DON'T HAVE VERY MUCH. UM, I, I THINK THE APPLICANT DID, UM, EXPRESS TO US AND GIVE US SOME INSIGHT, UM, AS TO HIS CURRENT SITUATION FINANCIALLY, UM, AND WHAT HE'S ATTEMPTING TO DO WITH THIS PARTICULAR, UM, UH, MODIFICATION TO THE HOME. AND I THINK IT'S AN HONORABLE REASON. UH, NOT THAT, THAT, NOT THAT THAT SHOULD, YOU KNOW, UM, SOLELY BE, UH, BASE OUR, WE SHOULD BASE OUR OPINION SOLELY ON, SOLELY ON THAT. I DO, BUT I, I I WILL SAY THAT I THINK IT'S AN HONORABLE REASON. UM, BUT, UM, I THINK THE, THE ATTEMPT HERE OR THE PURPOSE HERE FOR, FOR, FOR THE TESTIMONY IS TO GIVE US INSIGHT AS TO HOW THIS, UM, FEE CAUSES ADDITIONAL FINANCIAL BURDEN. AND I THINK, UM, THE APPLICANT'S TESTIMONY HAS, UH, GIVEN US THAT, UH, INSIGHT. THANK YOU MR. SASHEN. AND AS THE ONE WHO SECONDED, I'LL ECHO THAT. I BELIEVE THE APPLICANT HAS CARRIED HIS BURDEN TO ESTABLISH SUBSTANTIAL TIME. ANYONE ELSE LIKE TO SPEAK AND I'LL GO AHEAD AND ASK MS. WILLIAMS TO CALL VOTE MR. MILLIGAN. AYE. MS. GARDNER? AYE. MR. DORN? AYE. MR. HESSON? AYE. MR. SLATE? AYE. MOTION PASSES. FIVE ZERO. THANK YOU MR. VARGAS. UM, WE WILL NOW BE GETTING, I THINK, TO YOUR, THE MERITS OF YOUR CASE IN JUST A MOMENT. THANK YOU. NEXT UP ON OUR AGENDA, WE HAVE THREE ACTIONS THAT ARE CURRENTLY ON OUR UNCONTESTED CASE DOCKET. THOSE ARE BO A 2 5 0 0 0 4 3 BO, OA 2 5 0 0 0 0 4 8 BO A 2 5 0 0 0 5 1. DO I HAVE A MOTION? MR. SASHEN VICE CHAIR SLADE? UM, I HAVE A MOTION I MOVE AT THE BOARD OF ADJUSTMENTS. UH, GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET 'CAUSE IT APPEARS FOR MY EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL REQUIREMENTS OF THE STATUS OF DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT CODE AS APPLICABLE TO WIT IN THE CASE OF BO OA 2 5 0 0 0 0 4 3 APPLICATION OF ROBERT BALDWIN FOR SPECIAL EXCEPTION TO DEFENSE 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 [00:20:01] SUBMITTED PLANS ARE REQUIRED IN THE CASE OF BO A 2 5 0 0 0 0 4 8 APPLICATION OF EDWIN ROLANDO VAGAS, UH, FOR A SPECIAL EXCEPTION TO THE LANDSCAPING REGULATIONS AND VARIANCE OF THE OFF STREET PARKING REGULATION CONTAINED IN THE DOWN DEVELOPMENT CODES. GRANTED SUBJECT TO THE FOLLOWING CONDITIONS, COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. AND IN THE CASE OF BO, A 2 5 0 0 0 0 5 1 APPLICATION OF ANDRA BUCKLEY FOR A SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATIONS ALONG BAKER AVENUE AND A SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATION ALONG ANGELINA DRIVE CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBSEQUENT THE FOLLOWING CONDITIONS. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. THANK YOU MR. SASHA. DO I HAVE A SECOND? SECOND MS. GARNER. THANK YOU. DISCUSSION. SEEING NONE MS. WILLIAMS, WOULD YOU PLEASE CALL THE VOTE? MR. DORN? AYE. MS. GARDNER? AYE. MR. MILLIKEN AYE. MR. WASHINGTON AYE. MR. SLATE? AYE. MOTION TO GRANT PASSES? FIVE TO ZERO. OKAY. THAT BRINGS US TO OUR TWO INDIVIDUAL CASES FOR THIS AFTERNOON. UM, AND WE'LL CALL THEM IN NUMERICAL ORDER. SO I'LL GO AHEAD AND CALL POA TWO FIVE ZERO ZERO ZERO FOUR SEVEN ONE EIGHT SEVEN ONE SUMMIT AVENUE, THE APPLICATION OF J P**I FOR A VARIANCE OF THE FRONT YARD SETBACK REGULARLY. MR. P**I, IF YOU ARE ONLINE, PLEASE PROVIDE VIDEO AND AUDIO. HELLO? CAN YOU HEAR ME? WE CAN HEAR YOU. WE NEED VIDEO AS WELL. UM, MY VIDEO SHOULD BE ON. THERE WE GO. HEY, THERE WE GO. ALL RIGHT, WE SEE YOU. OKAY. DOES EVERYBODY HAVE ME? I'M GONNA, I'M GOING TO SWEAR YOU IN. UM, CAN YOU PROVIDE YOUR NAME AND ADDRESS PLEASE? YES, MA'AM. MY NAME IS JAY KUSKI. UH, I AM AT 1811 GREENVILLE AVENUE, DALLAS, TEXAS 7 5 2 0 6. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. MAKE SURE THAT YOU HAVE VIDEO THE WHOLE TIME, PLEASE. ABSOLUTELY. OKAY. UM, I, I, I BELIEVE, UH, IF, IF YOU'RE ABLE TO PULL UP THE, UH, BLOCK FACE ON GOOGLE MAPS, THAT WOULD HELP, UM, FOR ME TO, UH, TO KIND OF GO THROUGH OUR CASE THERE. BUT BASICALLY, UH, WE'VE, UH, WE'VE GONE THROUGH A, UH, A REPL FOR THIS PROPERTY WHERE WE DIVIDED THE PROPERTY INTO, UH, INTO TWO PROPERTIES. AND, UH, WE HAD, UH, QUITE A, QUITE A LONG, UM, JOURNEY, UH, WITH THAT. AND, AND ONE OF THE, UH, UM, ONE OF THE ISSUES WAS THE PROPERTY THAT IS JUST TO THE, UH, JUST TO THE WEST, UM, IS ARE Y'ALL ABLE TO SEE THE, UH, UM, THE GOOGLE MAPS? WE ARE NOT. WE'RE JUST SEEING YOUR SMILING FACE. SO IF THERE'S A WAY FOR YOU TO, FOR YOUR SCREEN, UM, CAN I SHARE MY SCREEN WHERE YOU COULD, I BELIEVE YES. YES YOU CAN. OKAY. ALL RIGHT. I'M GREAT. LET ME DO THAT REAL QUICK THEN. OKAY. SO BASICALLY, UM, HERE, PERFECT. OKAY. SO AT, AT THAT TIME WE HAD A SIGNIFICANT ISSUE HERE WITH THE PROPERTY THAT'S JUST TO THE WEST, AND I BELIEVE THAT THIS IS WHERE WE HAD, UM, SOME CONTENTION AND, AND THAT'S JUST 'CAUSE THERE'S A LITTLE HISTORY THERE, BUT THIS CARPORT IS ACTUALLY WAS ENCROACHING INTO THE PROPERTY AND IT, IT CAUSED THE REPL, UH, SERIOUS DELAYS WHERE WE, WE REALLY SLIPPED INTO A, A ALMOST A THREE YEAR, UH, PROCESS WITH OUR, UM, WITH OUR REPL. AND, UM, UH, FINALLY THE, UH, THE CARPORT WAS, UM, WAS MOVED AND, UM, AND, AND TO WHERE IT WAS NOT ENCROACHING INTO THE PROPERTY, BUT THE, UH, THE, THE OWNER THAT'S, UH, WISHING TO, TO DEVELOP HAS BEEN THROUGH QUITE A LOT WITH THAT BASICALLY, UM, YOU KNOW, FROM, FROM TRYING TO, UH, OFFER MOVING THAT, UH, YOU KNOW, FINANCIALLY TO, YOU KNOW, HAVING TO GO THROUGH, UM, LEGAL RECOURSE. AND FINALLY THEY WERE ABLE TO GET THAT MOVED. BUT, UM, WHEN, WHEN WE INITIALLY WENT FOR THE REPL, IT, IT [00:25:01] WAS, IT WAS, UM, DETERMINED THAT THE BLOCK FACE, UM, REALLY BECAUSE OF THE WAY THAT ALTA UH, DEAD ENDS OVER HERE AND THEN DEAD ENDS OVER HERE, THERE'S NOT A WHOLE LOT THAT WE HAVE TO GO FROM, FROM THE BLOCK FACE ONLY, UM, ON, ON EUCLID HERE, UM, BASICALLY SAYING THAT THAT IS, UH, REPRESENTING THE FRONT YARD TO EUCLID AND THE SIDE YARD TO ALTA AND THAT WAS WHERE WE WERE, UM, ADVISED WITH OUR REPL THAT WE WOULD BE ABLE TO HAVE THIS AS A SIDE YARD. AND WE HAD, WE HAD THE, THE FOOTPRINTS AND EVERYTHING THROUGH ALL OF OUR EXHIBITS. SO I DON'T, I DON'T THINK THAT THERE WAS ANY, UM, THERE WAS, THAT THERE WAS EVER ANY, ANY, UM, UH, AMBIGUITY TO OUR INTENTIONS THAT THAT SUMMIT WOULD BE THE FRONT YARD AND THAT ALTA WOULD BE THE SIDE YARD. BUT, UM, IT, IT IS REALLY UNDE THE, THE LOT THAT WE'VE CREATED HERE ON THE CORNER IS UNDEVELOPABLE AND IF WE DON'T HAVE, UH, THE SIDE YARD AS ALTA, UM, SO THAT'S, THAT'S OUR, THAT'S OUR HARDSHIP, SO TO SPEAK. SO WE'RE REALLY BY, BY HAVING THIS NOW DIVIDED THIS, UH, THIS CORNER PROPERTY IS REALLY, UM, WE'RE, WE'RE PRETTY MUCH UNABLE TO DEVELOP IT IF, IF THERE'S A FRONT YARD OBSERVED FROM ALTA VERSUS, UH, SUMMIT. THANK YOU. ARE THERE QUESTIONS FOR THE APPLICANT, ASSUMING, UM, YOU'VE COMPLETED YOUR FORMAL PRESENTATION? YES, I, I, THAT'S, THAT'S THE FORMAL PRESENTATION AND, AND WOULD LOVE TO, UH, FIELD ANY QUESTIONS AT THIS TIME, MR. NORTH, PLEASE? I, I JUST AS FAR AS THE, UM, I JUST WANNA MAKE SURE THAT I UNDERSTAND THERE WILL BE A PLANTING OF TREES, IS THAT CORRECT? YEAH, CORRECT. WE, WE PLAN TO, UH, FOLLOW EVERY, UH, UH, ALL OF ARTICLE 10, UM, LANDSCAPE PLANTING FOR, UM, FOR, FOR BOTH UH, PROPERTIES THAT WE'VE DIVIDED HERE. OKAY. THANK YOU. YEP. THANK YOU. AND THEN JUST TIE THIS OFF ON IT THOUGH, THE REASON YOU'RE INTENDING IT'S NOT CONTRARY TO THE PUBLIC INTEREST IS THAT THE, YOUR SITE IS CURRENTLY SUBJECT TO TWO FRONT YARD SETBACKS IN YOUR SEEKING RELIEF ONLY IN RESPECT OF ONE, RIGHT? CORRECT. YES. UM, WITH THE WAY THAT THIS IS A 50 BY 100 LOT WITH US DIVIDING IT IN HALF A, UH, FRONT YARD SETBACK OVER HERE, PRETTY MUCH, UM, IT COMPROMISES ANY ABILITY TO REALLY DO MUCH OF ANYTHING WITH THE PROPERTY AND THAT'S ALSO WHY IT'S A RESTRICTIVE AREA IN YOUR TESTIMONY. CORRECT. AND THEN IT'S OBVIOUSLY YOU DIDN'T CREATE THE TWO FRONT YARD SETBACKS, SO THAT'S WHY IT'S NOT A SELF-CREATED OR PERSONAL HARDSHIP TO YOUR TESTIMONY. ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, UH, THANK YOU. DO A CHAIR SLATE. I'D LIKE TO MOVE THAT THE BOARD OF ADJUSTMENT OF APPEAL NUMBER B OH 8 2 5 0 0 0 0 4 7 ON APPLICATION OF J KUSKI GRANT, A 10 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THE APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE DALLAS DEVELOPMENT CODE IS 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 THAT IS COMPLIANT WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. THANK YOU MR. SINGTON. DO I HAVE A SECOND? MR. MILLER? I SECOND DISCUSSION. MR. SINGTON, ANYTHING YOU'D LIKE TO ADD? UH, NOPE. ANYONE ELSE? MS. WILLIAMS, PLEASE CALL THE VOTE. MS. GARNER. AYE. MR. GORN? AYE. MR. MILLIKEN? AYE. MR. SINGTON AYE. MR. SLAY AYE. MOTION TO GRANT PASSES? FIVE TO ZERO. MR. KUSKI, THANK YOU FOR MAKING YOURSELF AVAILABLE AFTER THE, UH, LETTER TODAY INDICATING OPPOSITION FROM THE CONSENT. NO PROBLEM. THANK YOU GUYS VERY MUCH. I APPRECIATE EVERYONE'S TIME AND CONSIDERATION. THANK YOU VERY MUCH. OKAY, SO FOR OUR FINAL CASE FOR THE DAY, I'M GOING TO CALL BOA TWO FIVE ZERO ZERO ZERO ZERO FIVE SIX APPLICATION OF JENNIFER HIR MOTO, UM, FOR A VARIANCE [00:30:01] OF THE SIDEWALK PLANTING AND SIDEWALK ZONE REQUIREMENTS ALONG EAST EIGHTH STREET AND A VARIANCE OF THE SIDEWALK PLANTING AND SIDEWALK ZONE REQUIREMENTS ALONG DALE STREET AT NINE 11 EAST EIGHTH STREET. THIS YOUR MOTTO, IF YOU WOULDN'T MIND SHARING YOUR NAME AND WORK ADDRESS, AND THEN YOU'LL BE ONE IN FOR JENNIFER GARMO, 1 0 2 3 3 EAST NORTHWEST HIGHWAY, UH, DALLAS, 7 5 2 3 8. ARE YOU BOTH GONNA SPEAK? YEAH. OKAY. DO YOU WANNA BE SWORN IN AS WELL? DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY, PLEASE PROCEED. GOOD AFTERNOON. UM, THIS APPLICATION IS FOR, UH, WE CAN GO TO THE NEXT SLIDE, PLEASE. UH, SIDEWALK VARIANCE. UM, AND THIS IS NOT SOMETHING THAT YOU GUYS SEE, UH, VERY OFTEN TO HAVE SIDEWALK WAIVERS, UH, SIDEWALK VARIANCES. UM, AND THIS IS PARTICULARLY, UM, DIFFICULT BECAUSE OF THE FORM DISTRICT AND ITS PLANTING ZONE REQUIREMENT AND THE SIDEWALK REQUIREMENT. UM, SO WE'RE ASKING TO, UM, EIGHTH STREET, WE'RE ASKING TO MAINTAIN THE CITY AND BOTH SIDEWALK THAT'S FIVE FEET WIDE. UM, THAT IS A BUDDYING, THE CURB. UM, AND THEN, UH, PROVIDE THE LANDSCAPING ON THE, THE BACKSIDE OF THAT SIDEWALK ON, UH, DALE STREET. UM, WE WILL PROVIDE THE WIDE SIDEWALK, BUT THE PLANTING ZONE, UM, WILL BE SMALLER THAN SIX FEET, UM, DUE TO THE SITE CONSTRAINTS. IF WE GO TO THE NEXT SLIDE, PLEASE. UM, A LOT OF TIMES, UH, PROPERTIES HAVE SIDEWALK WAIVERS AND DON'T HAVE TO COME BEFORE THE BOARD. NEXT SLIDE PLEASE. UM, THERE'S A CRITERIA THAT WE COULDN'T USE. UM, UH, IT LETS YOU LOOK FORWARD ON CITY, UH, IMPROVEMENT PROJECTS FOR SIDEWALKS, BUT IT DOESN'T LET YOU LOOK BACKWARDS. UM, I'LL COME BACK TO THAT IN A SECOND. UM, THE MAIN PROPERTY HARDSHIP IS OUR TOPOGRAPHY. THE SITE SLOPES APPROXIMATELY 16TH FEET. EIGHTH STREET IS HIGHER AND IT SLOPES DOWN, UH, TOWARDS DALE STREET. NEXT SLIDE, PLEASE. UM, THIS SHOWS THE SITE ON THE EIGHTH STREET SIGN. UM, I DON'T KNOW IF YOU NOTICE DURING THIS, THE DRIVE THROUGH, UH, SHOW EARLIER IN THE BRIEFING THAT THERE'S A LOT OF RETAINING WALLS IN THIS IMMEDIATE AREA. UM, MOST INDIVIDUAL PROPERTIES HAVE ROOFING WALLS IN SOME FASHION. UM, AND WE ALSO HAVE A, A DARK STOP ON OUR PROPERTY. UH, NEXT SLIDE. I I'M SORRY, MR. RAMON, YOU ALSO HAVE WHAT? I'M SORRY. UH, THERE'S A DARK BUS STOP AND A DARK OH, DARK. A DARK BENCH. OKAY. I'M SORRY. YES, SIR. UM, SO THE, THE REQUEST IS NOT CONTRARY TO PUBLIC INTEREST. UM, WE BELIEVE THAT THE CITY'S INSTALLED SIDEWALK IS SAFE AND, UM, OTHERWISE THE CITY WOULDN'T HAVE INSTALLED IT. UM, THE PROPERTY, IF WE, UM, GO TO THE NEXT SLIDE, IF WE INSTALL STRICTLY TO THE CITY STANDARDS, THE SIDEWALK WILL HAVE TO DOG AROUND. UM, I DREW A GREEN BOX FOR WHAT WOULD BE THE PLANTING ZONE. UM, AND IT GETS WORSE ON THE DALE SIDE. UM, IF WE NEED TO PUSH THE SIDEWALK INTO THE PROPERTY IN ORDER FOR US TO CREATE, UM, THE DEVELOPMENT SITE THAT IS, UH, SAFE, HAS SAFE GRADES FOR THE SURFACE PARKING IN THE BUILDING, IT WOULD REQUIRE US TO INSTALL A 10 FOOT FALSE RETAIN WALL ON THE OUTSIDE. AND THAT SIX FOOT SIDEWALK THAT'S OUTLINED RED WITH DEAD END INTO THE RETAINING WALLS ON A NEW PROPERTY, UM, YOU THINK THAT IS NOT A DESIRABLE, UM, ENVIRONMENT FOR PEDESTRIANS AND NOT REALLY THE INTENT OF, UM, THE REQUIREMENTS. NEXT SLIDE, PLEASE. UM, WE DON'T BELIEVE THIS WAS, UH, SELF DATED OR FINANCIAL HARDSHIP. UM, WE DIDN'T ESTABLISH THE GRADES. UM, THE REQUIREMENT HAS BEEN IN PLACE SINCE, UH, 2012. UH, THE CITY, UH, PUBLIC WORKS, THEY'RE NOT REQUIRED TO FOLLOW THE ZONING WHEN THEY INSTALL SIDEWALKS. UM, AND LET'S SEE, UH, JUST THE, THE PROPERTIES TOPOGRAPHY MAKES FULL COMPLIANCE, UM, VERY IMPRACTICAL TO FOLLOW. UM, I THINK THAT, I KNOW STAFF LOOKED AT EACH FRONTAGE SEPARATELY, BUT IT'S REALLY THE PROPERTY ITSELF IN ITS HARDSHIP THAT GOT US HERE TODAY. UH, NEXT SLIDE PLEASE. OKAY. OH, UM, THIS IS THE, UM, A CLOSEUP OF THE SITE PLAN FOR THE QUARTER PROPERTY. UM, UH, DIANA HAD MENTIONED IN THE BRIEFING THAT THIS WAS, UM, WENT THROUGH A REZONING PROCESS AND IT HAS AN SUP THAT ALLOWS FOR FIVE FOOT SIDEWALKS ON EIGHTH STREET, UM, AND THEN LIMITED SIDEWALKS ON THE NEXT SLIDE ON THE FRONTAGE ROAD THAT [00:35:01] ARE SIX FEET, YOU KNOW, BUTTING THE CURB. UM, AND ON BAAL STREET IS A SIX FOOT SIDEWALK WITH, WITH SOME . UM, AND THEN I'VE GOT, UM, THE NEXT COUPLE SLIDES ARE JUST CLOSEUPS OF WHAT WE WERE PROPOSING, UM, IF YOU WOULD LIKE TO SEE THAT OR THE LANDSCAPE PLAN. UM, ALSO, UH, DAVID IS HERE, IS HE'S THE ENGINEER OF RECORD. WE'RE YOU'RE ALREADY ANSWERING THE QUESTIONS YOU MAY HAVE. WOULD YOU BE WILLING IF YOU ALREADY HAVE THE SLIDES TO SHOW US WHAT THOSE ABSOLUTELY. UM, SO WE'LL GO TO THE NEXT COUPLE OF SLIDES. SO THIS IS THE EIGHTH STREET SIDE ZOOMED IN. I KNOW THESE PLANS COULD BE HARD TO READ. SO THAT'S ZOOMING IN. UM, SO THIS, THIS WOULD BE MAINTAINING THE FIVE FOOT SIDEWALK, THE BEDDING, THE CURB, AND THEN BEHIND THAT FIVE FOOT SIDEWALK WOULD BE PLANTING AREA. BUT BEFORE THE BUILDING BEGINS AT FIVE FEET, UH, I BELIEVE IT'S A, IT'S 10 FOOT STEP BACK, I BELIEVE. UM, AND THEN THE NEXT SLIDE WILL BE THE DALE FRONTAGE. UM, SO THE, THE SIX FOOT SIDEWALK IS PROVIDED AND THEN THE PARKWAY THAT WE'RE PROVIDING IS, UH, ABOUT THREE AND A HALF FEET. UM, I DON'T KNOW IF YOU NOTICE ON HERE THE VISIBILITY TRIANGLES. UM, THEY'LL BASICALLY MAKE THE IMPOSSIBLE TO PLANT. UM, SO IT'LL PRETTY MUCH JUST BE A TURF THAT'LL BE IN THE PARKWAY. UM, IF YOU WANNA LOOK AT THE LANDSCAPE PLAN, NEXT SLIDE. AND THEN NEXT SLIDE WE'LL GET CLOSER ON EIGHTH STREET. SO IT SHOWS FIVE TREES BETWEEN THE SIDEWALK AND THE BUILDING SPACE. UM, AND UM, AND THEN THE BLUE AREA IS THE, THEY'RE CALLING IT OPEN SPACE 'CAUSE THAT'S ANOTHER REQUIREMENT OF THE FORM DISTRICT IS OPEN SPACE. UH, THE NEXT SLIDE PLEASE. UM, THIS IS THE, THE DALE FRONT. UM, THAT'S, WE DON'T HAVE ANY LANDSCAPING IN THE PARKWAY BECAUSE OF THE VISIBILITY TRIANGLES. AND THEN THERE'S A PARKING SETBACK REQUIREMENTS. SO THAT'S WHY OUR SURFACE PARKING DOESN'T BEGIN UNTIL 30 FEET FROM THE NEW PROPERTY LINE. SO THAT AREA WILL BE ALL OPEN AND LANDSCAPED HERE FOR QUESTIONS. MS SH, EXCUSE ME. UM, B BECAUSE I'M SLOW, COULD YOU, UM, MS. HARTO, COULD YOU WALK, WALK US THROUGH WHAT IT WOULD TAKE FOR YOU TO, TO, TO MAKE THE, UH, PROPERTY COMPLIANT ACCORDING TO, UM, STAFF? SURE. OR CODE AND WHENEVER I, I MISSED SOMETHING, IT'S IMPORTANT. UM, SO THE COMPLIANCE PLAN THAT WE PROVIDED, IT WOULD REQUIRE US TO REMOVE THE SIDEWALK ON EIGHTH STREET AND ABOUT SIX FOOT PARKWAY AND A SIX FOOT SIDEWALK. HOW MUCH SIDEWALK IS THAT TO BE REMOVED? IT, THE FIVE FOOT WOULD BE REMOVED. IT'S FIVE FEET WIDE, BUT THIS IS EXISTING SIDEWALK LINEAR EXISTING. SO HOW MANY LINEAR FEET? UM, THAT'S NOTED ON THE PLAN. IF YOU WANNA GO BACKWARDS, UM, ANNA 47, WAS IT 47, A HUNDRED FEET OF FRONTAGE ON EIGHTH STREET, A HUNDRED FEET OF FRONTAGE ON EIGHTH STREET. SO A HUNDRED FEET BY FIVE FEET THAT WOULD NEED TO BE REMOVED. REMOVED. OKAY. RIGHT. AND, AND THAT'S NOT TERRIBLY UNCOMMON FOR A DEVELOPMENT SITE TO HAVE TO REMOVE AN EXISTING SIDEWALK. MM-HMM . UM, THIS SIDEWALK IS TWO OR THREE YEARS OLD. UM, BUT SO IT GOES FURTHER THAT WHEN WE MOVE THINGS INTO THE PROPERTY, UM, THAT CHANGES, UM, WHAT, WHAT DAVID IS DOING TO MAKE THE BRAIDS WORK ON THE DRIVEWAY, THE FOUNDATION AND THE SURFACE PARKING. UM, AND THEN ON THE DALE STREET SIDE, IF WE HAVE TO PROVIDE THE FULL SIX FOOT PARKWAY AND THEN THE SIX FOOT SIDEWALK THAT PUSHES THE SITE WHERE HE NEEDS TO DESIGN A 10 FOOT 12 RETAINING WALL TO STABILIZE THE PROPERTY AND, UM, THAT ENDS INTO THE NEIGHBORS RETAINING WALLS. UM, IT'S, UM, PROVIDED SOME ADDITIONAL INFORMATION, BUT IT'S ABOUT AN ADDITIONAL $176,000 OF INFRASTRUCTURE COSTS THAT IT WOULD INCUR, UM, TO MAKE THAT CHANGE. UM, AND IT WOULD WHY THERE BE SOME UTILITY ADJUSTMENTS NECESSARY AND THEN IT WOULD TAKE AWAY OUR ACCESS. THERE BE NO VEHICULAR ACCESS TO BELL STREET. UM, IT WOULD, IT WOULD ALL DEPEND ON EIGHTH STREET FOR IN AND OUT. AND THIS IS A SECTION OF ROAD WHERE THERE'S A CHARTER SCHOOL THAT'S TO OR WEST. AND IT'S NOT UNCOMMON FOR TRAFFIC TO BACK UP DURING THE DAY WHERE THAT WHOLE BLOCK IS FAR AS QUEING. YES. THESE, [00:40:01] THESE FUTURE RESIDENTS WOULD, IF THEY WANTED TO COME IN AND OUT, YOU KNOW, THREE TO FOUR O'CLOCK HOUR IN THE AFTERNOON, THEY'D HAVE A HARD TIME. THANK YOU. THIS IS SATO. I WANTED TO CLARIFY SOMETHING ON THE DIFFERENT QUOTES FROM AHMED INSTRUCTIONS THAT ARE IN THE, THE DOCKET. DID I JUST HEAR YOU WRITE THAT THE, UM, ONE WAS WITH JUST THE RETAINING WALL AS PROPOSED VERSUS ONE WOULD BE IF THE CHAINS ON BAIL OR NOT, HOW MUCH MORE IT WOULD COST TO FEED THAT COURT? RIGHT. SO WE PROVIDED THE TWO COST ESTIMATES. OPTION A IS WHAT WE'RE ASKING FOR WITH THE, THE VARIANCE. OPTION C WOULD BE THE, THE FULL COMPLIANCE PROGRAM AND THOSE, UH, ANCILLARY IN INFRASTRUCTURE CHANGES WE WOULD NEED AND THE RETAINABLE. AND SO WHEN YOU JUST SUBTRACT C FROM A, IT'S AROUND $176,000. THANK YOU FOR THAT CLARIFICATION. AND THEN I'M NOT SURE IF THIS IS A QUESTION FOR YOU OR FOR DAVID AS THE ENGINEER. UM, YOU MENTIONED THAT THERE WAS A DART STOP OUTSIDE. HOW DOES THAT INTERPLAY WITH CREATING THE LANDSCAPE BUFFER ALONG THE STREET IS PRESUMABLY THE BUS STOP NEED TO BE IN THAT LANDSCAPE ZONE. UM, GOOD AFTERNOON. AND WOULD YOU MIND BRIEFLY SHARING YOUR NAME AND I KNOW YOU'VE BEEN SWORN IN NAME AND WORK ADDRESS, PLEASE. YES. DAVID LAM, LAM ENGINEERING 24 0 2 MISS TRAIL, , TEXAS. UH, AS FAR AS THE DARK, DARK STOP, TYPICALLY EVEN WITH A SIDEWALK, UH, SET IN THE BACK, YOU'LL SOME SORT OF PEDESTRIAN PAD, UH, JUST FOR, UH, ALL WEATHER SURFACE FOR INGRES GRASS . SO THAT WOULD GO IN WITHIN THE LANDSCAPE AREA. OKAY. SO EVEN IF YOU PROVIDED THE BUFFER, THIS IS, UH, REQUIRED UNDER THE EXISTING, THERE WOULD HAVE TO BE SOME PORTION OF IT THAT WOULD ALSO BE PICKED OVER AS A WAY PURSUANT TO A DARK. CORRECT. THE ALTERNATIVE, I'M SORRY, THE, THE ALTERNATIVE WOULD BE ADDITIONAL TAKINGS INTO THE PRIVATE PROPERTY AND THEN PUTTING THE BENCH, UM, INTO THE PRIVATE PROPERTY, WHICH WOULD THEN BE ON THE SIDEWALK THAT'S GONNA BE IN THE PARK IS IT WOULD BE ON THE BACKSIDE OF THE SIDEWALK, BUT YOU'LL STILL NEED, UH, GAMING, UH, YOU KNOW, FIVE FOR RES IN THE ADDRESS OF THE PHILOSOPHY. DOES THAT CREATE ADDITIONAL LIABILITY? DOES THAT CREATE ADDITIONAL LIABILITIES FOR THE APPLICANT IN THAT CASE? WHEN YOU GOT A, WHEN YOU PUT A PEDESTRIAN, UM, I DON'T KNOW WHAT YOU CALL IT, STAND INSIDE OF A A PROPERTY, UM, I, THAT'S A LEGAL QUESTION. I DON'T KNOW IF YOU, I FROM A LEGAL STANDPOINT, I DON'T KNOW, I'M NOT A LAWYER, BUT THERE ARE PEDESTRIAN REQUIREMENTS. UM, SO THE STREET FURNITURE IS REQUIRE PART OF THE FORM DISTRICT. SO WE ARE PLANNING FOR BENCHES, UM, AND FEWER ITEMS, UH, TO MEET THOSE REQUIREMENTS. NOT ANSWERING YOUR QUESTION, BUT THEY ARE, IT'S COMMON FOR BENCHES AND TRASH CANS, THOSE SORT OF THINGS AS STREET FURNITURE AND THIS TYPE OF ZONE. OKAY. UM, WOULD YOU SAY THAT THERE'S ANYTHING RESTRICTIVE ABOUT THE AREA SHAPE OR SLOPE ON THE EIGHTH STREET SIDE THAT YOU WOULD POINT TO IN SUPPORT OF THAT CONDITION? BESIDES THE EXPENSE TO, TO SORT OF DO THAT? I, YES. UH, SO THERE, YES. SO THE TOPOGRAPHY IS STILL RESTRICTED. THERE ARE EXISTING RETAINED WALLS ON, ON, UH, ON THE MOTEL SIDE OF THE SITE. UM, LIKE JENNIFER POINTED OUT PREVIOUSLY IN THE PICTURES, THERE'S ALSO RETAINING WALLS, UH, INDICATIVE ON THE OTHER SIDE OF PAY STREET. SO TOPOGRAPHY STILL FACE A FACTOR. UM, WE ALSO HAVE TO TIE INTO THE EXISTING SIDEWALK AS PART OF OUR DEVELOPMENT. WE HAVE TO TIE BACK INTO IT. OTHERWISE IT WOULD BE ADDITIONAL, UM, COSTS AND GRIEVANCE OFFSITE. THANK YOU. ARE THERE ANY OTHER QUESTIONS? HAVE MR. GOEN, I'M NOT SURE WHO THIS SHOULD BE ADDRESSED TO, BUT IN THE QUOTES HERE, THERE'S A, THERE'S AN OPTION A, THERE'S AN OPTION C DID, WAS THERE AN OPTION B? THERE? THERE WAS, UH, OPTION C, UH, I'M SORRY. OPTION B WAS, UH, WAS NEGLIGIBLE. UH, THERE, THERE WAS NO ADDED BENEFIT. UH, IT WAS JUST A DIFFERENT CONFIGURATION. BUT IN TERMS OF COST AND COMPLIANCE, UH, THERE WERE NO REAL BENEFITS TO YOU ALL. [00:45:01] THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, WE'LL GO AHEAD AND LET THEM SIT DOWN. THANK YOU SO MUCH FOR THE PRESENTATION. DO I HAVE A MOTION? LOOKS LIKE I'LL BE MAKING MY OWN MOTION. UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA TWO FIVE DASH 0 0 0 5 6 ON APPLICATION TO JENNIFER HU MOTO GRANT THE VARIANCE TO THE SIDEWALK PLANTING AND SIDEWALKS ON REGULATIONS ALONG DALE STREET REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY AND SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF PROVISION OF DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY OR HARDSHIP TO THIS APPLE. I FURTHER MOVE FOLLOWING CONDITION THE IMPOSED FURTHER THE PURPOSE AND INTENT OF THE S DEVELOPMENT CODE. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. DO YOU HAVE A SECOND? SECOND. THANK YOU MS. FOG. I GUESS I'LL TURN IT BACK OVER TO MYSELF FOR ANY SORT OF EXPLANATION. UM, I FELT LIKE THE APPLICANT WAS ABLE TO SATISFY EVERYTHING THEY NEEDED TO INSPECT JAIL CITY. I ALSO KNOW THAT UM, CITY STAFF WAS NOT OPPOSED TO THE REQUESTING POLICE THOUGHT THAT WOULD BE EASIEST OF THE TWO, WHICH IS WHY I WANTED TO GO AHEAD AND UM, BECAUSE I BELIEVE WE, WE EVEN HEARD FROM A NEARBY NEIGHBOR WHO WAS CONCERNED ABOUT NOT HAVING WHAT WE HEARD THE TESTIMONY BE THAT THERE WALL MIGHT HAVE UNINTENDED TRICKLE DOWN EFFECT. WOULD ANYONE ELSE LIKE SPEAK HAVE THE MOTION FOR DAY STREET HEARING? NONE? I'LL ASK MRS. WILLIAMS TO CALL IT UP. MR. MILLIKEN? AYE. MR. S AYE. MR. DORN? AYE. MS. GARNER? AYE. MR. SLAY AYE. MOTION TO GRANT PASSES? FIVE TO SEAT. OKAY, WOULD ANYONE ELSE LIKE TO MAKE A MOTION? HEARING NONE, I WILL GO AHEAD AND GET US STARTED. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO FIVE DASH 0 0 0 0 5 6 ON APPLICATION OF JENNIFER HERETO GRANT THE VARIANCE OF THE SIDEWALK PLANTING AND SIDEWALK ZONE REGULATIONS ALONG EAST EIGHTH STREET REQUESTED BY THIS APPLICANT. BECAUSE EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS THE LITERAL ENFORCEMENT PROVISION OF THE DA DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP FOR THIS APPLICANT. I FURTHER MOVE, FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. DO I HAVE A SECOND? I I CAN SECOND. OKAY. DISCUSSION, UH, AGAIN AS THE MOVEMENT, I'LL TAKE THIS ONE OFF. THIS ONE OBVIOUSLY IS A LITTLE BIT HARD, RIGHT? UM, THERE IS AN APPEAL IN NOT NEEDING TO CHANGE RECENTLY INSTALLED SIDEWALK THAT IS GOING TO BE CONSISTENT WITH EVERYTHING THAT, UM, WE HEARD TESTIMONY THAT THIS IS RESTRICTED FROM THE SLOPE AND CONSIDERATION. SO I THINK THAT THAT LOCK AND CHECK BASED ON THE EVIDENCE THAT'S PRESENTED, AS WELL AS THE FINANCIAL CONSIDERATIONS, UM, THOUGH I, I FORGET WHAT THE SPECIFIC NUMBER IS, BUT I HAVE A FEELING THAT THIS PROJECT, IT'S GONNA BE A LITTLE BIT MORE SO THAT THAT'S NOT HITTING WHATEVER THAT SPECIFIC NUMBER MIGHT ULTIMATELY, UM, IN LOOKING AT IT, UM, IT'S ALSO HARD, RIGHT? 'CAUSE YOU RECOGNIZE THAT THE CITY, THESE BLINDS HAVE A SAFETY AND SOMEBODY HAS UM, WHICH IS REALLY HARD WHEN YOU'RE ALSO TALKING ABOUT A PRIVATE BOAT OR DOING IT NOT GONNA LET EVERY AROUND. THAT'S WHY I WAS ASKING OFF GROUND. I ALSO WOULD ASK THE QUESTION ABOUT WHAT WOULD HAPPEN TO IT. PART OF THAT BUFFER IS TO HAVE THAT, THAT SPACE BACK AND HOW THAT WORKS TO HAVE THAT THAT SET UP THERE. BUT BECAUSE THEY GET PUT THE OFF THE SIDEWALK CLOSER TO THE BUILDING ON THE L OUT OF THE SIDEWALK FARTHER AWAY FROM EVERYTH, KIND OF HAVE THAT BLOCKED SIDEWALK DOWN WAY. UM, AND SINCE I DIDN'T BELIEVE IT WAS A PERSONAL HARDSHIP OR FINANCIALLY ALL THAT FACTORED IN EXPENSE, I ALSO SAW HOW THE , SO FOR ME, UM, I CAME DOWN WITH OBVIOUSLY THE MOTION ALLOW THEM [00:50:01] RECEIVING THE WAY THAT THEY'RE GOING THE SIDEWALK AS THIS HAVE THE LANDSCAPING, WHICH BY BUILDING BY THAT AND THAT BE THERE. BUT I ALSO APPRECIATE THAT THAT'S NOT NECESSARILY A GIVEN. AGAIN, THE CITY HAS DECIDED THAT THE APPROPRIATE THING WAS HAVING A BUFFER THAT. SO WITH THAT, I'LL ASK MR. MILLIKEN IF THERE'S ANYTHING YOU WOULD LIKE TO SHARE AS A SECOND. NO, I THINK I ECHO UM, WHAT YOU SAID AS WELL. THE EXISTING SIDEWALK, UM, IS VERY NEW. UM, I THINK IT SERVES ITS EXISTING PURPOSE. I THINK THAT THE, UH, PLANTING ZONE CAN STILL BE ACCOMPLISHED SAFELY AND THAT WE CAN STILL HAVE THAT, UH, WHAT I WOULD CONSIDER TO BE A SAFE SIDEWALK ZONE AREA WITH, UM, WITH WHAT CAN BE DONE WITH, UH, IF WE APPROVE THIS. SO I I HAVE NO PROBLEM DOING THAT. GRANTING TO THIS REQUEST. WOULD ANYONE ELSE LIKE TO SPEAK AND SHARE WHATEVER THOUGHT THEY MIGHT HAVE IN EFFECTIVE ? AND I'LL GO AHEAD AND ASK MRS. WILLIAMS TO CALL THE VOTE. MR. TON. AYE. MR. MILLIKEN? AYE. MS. GARNER AYE. MR. DORN AYE. MR. SLATE AYE. MOTION TO GRANT PASSES? FIVE TO ZERO. THANK YOU. UM, I BELIEVE THAT BRINGS US TO THE END OF OUR AGENDA FOR TODAY UNLESS THERE'S ANYTHING I AM FORGETTING AND IN LIGHT OF THAT, IT IS CURRENTLY 1 54 AND BOARD OF ADJUSTMENT PANEL C LEDGER BE ADJOURNED. THANK YOU. * 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.