* 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. AND [00:00:02] SUMMARIZED. GOOD AFTERNOON. [Board of Adjustments: Panel A on November 4, 2025.] MY NAME IS DAVE NEWMAN AND WELCOME TO THE BOARD OF ADJUSTMENT. I'M HONORED TO SERVE AS CHAIRMAN OF THE BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF ITS PANEL A TODAY. SOMEONE'S, UH, AUDIO IS ON. MAKE SURE THEY'RE, I HEARD A LITTLE ROLL BACK. OKAY. UM, THIS IS OFF. MINE'S OFF TOO. OKAY. UH, TODAY IS TUESDAY, NOVEMBER 4TH, 1:00 PM I HEREBY CALL THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR A PUBLIC HEARING. UH, A QUORUM IS REQUIRED. THAT IS FOUR MINIMUM OF FOUR MEMBERS. WE HAVE FIVE MEMBERS PRESENT AND THEREFORE WE CAN PROCEED. LET ME, UH, DO SOME INTRODUCTIONS. FIRST AGAIN, MY NAME IS DAVE NEWMAN. I SERVE AS CHAIRMAN. TO MY IMMEDIATE LEFT IS RACHEL HAYDEN, ANDREW FINNEY, MICHAEL HOP, AND PHIL SAUK. STAFF PRESENTED. WE HAVE THREE BOARD OFFICERS BESIDES MYSELF AS CHAIRMAN. TO MY IMMEDIATE RIGHT IS THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. KAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR. BEFORE WE BEGIN, ALLOW ME TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT. MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION. UH, FOR OUR TIME. WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE. WE GET COFFEE IN THE MORNING AND ICED TEA IN THE AFTERNOON, AND A LITTLE BIT OF JASON'S DELI. AND WE WE'RE APPRECIATIVE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. NO ACTION OR DECISION ON THE CASE SETS A PRECEDENT. EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES. THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION OF THE BOARD. WE'VE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THE HEARING AND ALSO HAVE REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE THAT WAS POSTED SEVEN DAYS PRIOR TO, UM, UH, THEIR PUBLIC HEARING ON THE BOARD OF ADJUSTMENT WEBSITE. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES ON THE AGENDA TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY, MS. MARY WILLIAMS, UH, WHEN THE CASE IS CALLED, THE EVIDENCE WILL BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD APPROVAL OF VARIANCE. SPECIAL EXCEPTIONS OR REVERSAL BUILDING OFFICIAL DECISIONS REQUIRE 75%. SO AGAIN, FOUR VOTES. IT REQUIRES FOUR VOTES. THESE ARE THE FIVE VOTING MEMBERS. FOUR OF THE FIVE HAVE TO VOTE IN AFFIRMATIVE IN ORDER FOR A SPECIAL EXCEPTION OR VARIANCE TO BE APPROVED. LETTERS OF THE ALL OTHER MOTIONS ARE SIMPLE MAJORITY VOTE APPROVAL. UH, LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED OUT WITHIN TWO DAYS BY OUR BOARD ADMINISTRATOR AND WE'VE BECOME PART OF THE PUBLIC RECORD. ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE. THERE IS A BLUE SHEET OF PAPER NEAR THE MICROPHONE. UH, IF YOU WANT TO SPEAK DURING PUBLIC TESTIMONY, WHICH IS IN A MINUTE OR TWO, OR YOU WANNA SPEAK AT A SPECIFIC CASE, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER. SO PLEASE TAKE THE TIME TO FILL OUT A BLUE SHEET OF PAPER. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON THE AGENDA FOR A MAXIMUM OF THREE MINUTES. A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR A MAXIMUM OF FIVE MINUTES, PLUS OR MINUS. DURING THE HEARINGS, I'M GENEROUS TO THE APPLICANT IN ORDER TO MAKE SURE THE APPLICANT HAS SUFFICIENT TIME TO PRESENT. THE TIME THAT I GIVE THE APPLICANT, I GIVE TO THE OPPOSITION SO IT'S EVEN HANDED. UM, NO. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD, NO TELECONFERENCE. ALL COMMENTS WILL BE DIRECTED TO MYSELF AS CHAIRMAN, PRESENTING OFFICER, AND I MAY MODIFY SPEAKING TIMES IN ORDER TO MAINTAIN SOME ORDER. OKAY, WE HAD OUR BRIEFING THIS MORNING. I'M GONNA PREVIEW THE AGENDA. THE AGENDA FOR THIS AFTERNOON, UM, DURING OUR PUBLIC HEARING IS WE, IN A MOMENT WE'LL DO PUBLIC TESTIMONY, THEN WE'LL DO MISCELLANEOUS ITEMS AND MS. ENCE SIMONS IS OUR MEETING MINUTES. UH, THEN WE GO INTO OUR CASE DOCKET AND OUR CASE DOCKETS WILL START WITH BAKER AVENUE ON THE UNCONTESTED, UM, AGENDA, WHICH MEANS THERE DOESN'T NEED TO BE ANY SPEAKING, ASSUMING THAT'S THE BOARD'S WISHES. THEN WE'LL DO MELROSE, THEN BUCKNER, THEN MEADOWBROOK, THEN FOREST LANE, THEN LAST NORTH HAVEN ROAD. AND GENERALLY I FOLLOW THAT IN THE ORDER THAT THE CASES WERE FILED WERE FILED. OKAY. ALRIGHT. NEXT ON OUR AGENDA IS PUBLIC TESTIMONY. MS. BOARD SECRETARY, WHO DO WE HAVE REGISTERED TO SPEAK DURING TEST? PUBLIC TESTIMONY? NO REGISTERED SPEAKERS, SIR, NO REGISTERED SPEAKERS. ALL THESE PEOPLE HERE AND NO ONE WANTS TO SPEAK OKAY. DURING PUBLIC TESTIMONY. ALRIGHT, SO NO PUBLIC TESTIMONY, THAT'S FINE. WE GO TO MISCELLANEOUS ITEMS. FIRST ITEM ON OUR AGENDA IS REVIEW AND APPROVAL OF OUR MEETING MINUTES FROM SEPTEMBER 16TH. THE CHAIR WOULD ENTERTAIN A MOTION. MR. HAITZ, [00:05:04] I MOVE THE MINUTES BE APPROVED. A MOTION BY MR. HAITZ TO APPROVE THE PROPOSED MEETING MINUTES FOR SEPTEMBER 16TH HAS BEEN, HAS BEEN MADE. IS THERE, UH, A SECOND. I ENTER FINNEY. SECOND. SECOND. AND BY MR. FINNEY DISCUSSION ON THE MOTION. HEARING NONE. ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. AYE. THOSE OPPOSED? MOTION CARRIES. FIVE TO ZERO MEETING MINUTES ARE APPROVED AS PRESENTED. OKAY. UM, NEXT ITEM ON THE AGENDA IS THE CONSENT ITEM. THE CONSENT ITEM IS ONE IN WHICH DURING THE BRIEFING, IF THERE'S NO OPPOSITION FROM STAFF OR THE PUBLIC NOR A PANEL MEMBER, THE BOARD MAY APPROVE THE, UM, ITEM UP FOR CONSIDERATION, UM, WITHOUT A TESTIMONY. AND WE HAVE ONE ITEM ON THE, UH, CONSENT AGENDA. AND THAT'S AT 4 0 0 6 BAKER AVENUE BO, A 2 5 0 0 0 5 2. THE CHAIR. WERE TO ENTERTAIN A MOTION. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICANT SATISFIES ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND IS CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BO OA TWO FIVE DASH 0 0 0 5 2 APPLICATION OF AUDRA BUCKLEY FOR A SPECIAL EXCEPTION TO TO FENCE HEIGHT REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED. THE MOTION HAS BEEN MADE BY MS. HAYDEN TO GRANT THE REQUEST OF BO OA 2 5 0 0 0 0 5 2. IS THERE A SECOND? I SECOND MR. FINNY SECONDS THE MOTION DISCUSSION ON THE MOTION. MS. HAYDEN? UM, GIVEN THE EVIDENCE AND, AND THE FACT THAT THERE WERE NO, UM, LETTERS OF OPPOSITION, I BELIEVE THAT THIS MEETS THE CRITERIA OF NOT ADVERSELY AFFECTING NEIGHBORING PROPERTY. MR. FINNEY DISCUSSION ON THE MOTION? UH, NO FURTHER COMMENTS. IS THERE DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IS TO GRANT A REQUEST FOR A, A SPECIAL EXCEPTION FENCE HEIGHT REGULATION IN BO OA 2 5 0 0 0 0 5 2. THE BOARD SECRETARY WILL CALL THE VOTE. MR. FINNEY. AYE. MR. HAVI? AYE. MS. HAYDEN AYE. UH, MR. SALU? AYE. MR. CHAIRMAN? AYE. MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO OA 2 5 0 0 0 0 5 2. THE BOARD UNANIMOUSLY ON A MOTION OF FIVE TO ZERO GRANTS THE REQUEST, YOU'LL GET A LETTER FROM OUR BOARD SECRETARY, OUR BOARD ADMINISTRATOR. THANK YOU VERY MUCH. NEXT ITEM ON THE AGENDA. ONE SECOND ONE. THIS ONE. NEXT ITEM ON THE AGENDA IS BOA 2 5 0 0 0 0 3 8 2 5 0 0 0 0 3 8. UM, THIS IS AT 5 4 1 0 MELROSE AVENUE IS THE APPLICANT HERE PLEASE COME FORWARD. OKAY. HOLD ONE SECOND. LET LET US SHUFFLE OUR PAPER. THIS IS THREE FIVE, RIGHT? THREE EIGHT. THREE EIGHT. OKAY. THREE EIGHT? YES. OKAY. UM, WHAT I'M DOING IS PULLING ANY OF THE PUBLIC LETTERS THAT WE RECEIVED ON THREE EIGHT OUT OF OUR COMMUNICATION FOLDER. AND I HAVE THAT OKAY. AND I'M PASSING THIS DOWN, DOWN THE AISLE HERE, SO FORTH. ALRIGHT. IF YOU WOULD GIVE US YOUR NAME, ADDRESS AND THEN, UH, BE SWORN IN BY OUR BOARD IS SECRETARY JENNIFER GITO, 1 0 2 3 3 EAST NORTHWEST HIGHWAY DALLAS, 7 5 2 3. JAMIE, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. THANK YOU. PLEASE PROCEED. YOU HAVE FIVE MINUTES. ALRIGHT. YOU HAVE FIVE MINUTES PLUS OR MINUS WILL BE GENEROUS WITH YOUR TIME SO THAT YOU AND ANYONE IN OPPOSITION CAN MAKE THEIR CASE. SO PROCEED. YOU HEARD OUR CONVERSATION THIS MORNING IN THE BRIEFING? YES, SIR. AND THIS IS A HOLD UP AND A LITTLE BIT CLOSER TO THE MICROPHONE. UH, WE WANNA MAKE SURE WE HEAR. SURE. THANK YOU. THANK YOU. UM, IN, UH, THIS WAS ALSO, UH, HELD OVER FROM SEPTEMBER, SO YOU WERE BRIEFED. SORRY. UM, SO, UM, NEXT SLIDE PLEASE. UM, THIS WAS A CASE THAT WAS HELD OVER, UM, IN SEPTEMBER. [00:10:01] UM, THIS IS A MULTI-PART WHERE IT'S THE FENCE HEIGHT AND TWO LOCATIONS AND OPACITY AND ONE STREET FRONTAGE AND THEN A VARIANCE, UH, FOR A SWIMMING POOL. UH, NEXT SLIDE PLEASE. UM, ONE OF YOUR QUESTIONS WAS REGARDING THE AGE OF FENCE. UM, GOOGLE STREET VIEW TELLS US THAT THIS WAS CONSTRUCTED BETWEEN 2018 AND 2019. THE CURRENT OWNER PURCHASED THEIR PROPERTY IN DECEMBER OF 2024, SO THIS WAS AN EXISTING CONDITION FOR THE PROPERTY. NEXT SLIDE, PLEASE. UM, THE REQUEST INCLUDES THE EXISTING FENCE THAT WE JUST TALKED ABOUT AND 30 FEET OF NEW FENCE ON. UM, UM, EXCUSE ME, UH, MELROSE, I'M SORRY, MADERA. UM, AND THEN THE SMALLER PORTION BY THE GARAGE, UM, UM, ON MELROSE. UH, NEXT SLIDE PLEASE. UH, THE FENCE IS OFFSET, UM, JUST OVER A FOOT AND A HALF. UM, THERE'S LANDSCAPING THAT WILL RETEN RE REMAIN, UH, NEXT TO THE SIDEWALK. UM, YOU'LL SEE THE, THE LAST, UH, SLIDE I'LL SHOW YOU. THERE'S SOME STEEL EDGING, UM, SHOWING THE CYPRESS TREES, UH, THEY WILL REMAIN, UH, ONE WILL BE REMOVED FOR THE CONSTRUCTION OF THE POOL. HOLD ON ONE SECOND. GENTLEMEN. GENTLEMEN, I NEED YOU TO KEEP ORDER. THANK YOU. GO AHEAD. YES, SIR. UH, NEXT SLIDE PLEASE. UM, SO THIS MAP WAS IN THE LETTER THAT I PREPARED YESTERDAY AND PROVIDED TO YOU, UM, IT, THESE ARE MY OBSERVATIONS. UM, AT THE END, I HAVE PHOTOS TO SHOW WHERE THESE, UH, FENCES APPROXIMATELY ARE. UH, I TRUST, UM, YOU SAW THAT IN THE BRIEFING THIS MORNING AND IN SEPTEMBER. UH, WE ARE A BLOCK OFF OF HENDERSON AVENUE, UM, WHICH IS VERY, THIS NEIGHBORHOOD IS VERY, VERY WALKABLE. UM, AND THE GREEN BOX IS A LARGE, UH, MIXED USE DEVELOPMENT THAT'S UNDER CONSTRUCTION. UM, SO I THINK IT'S VERY REASONABLE THAT WE'RE REQUESTING TO HAVE THEM SEEN IN OUR BACK, OUR QUOTE UNQUOTE BACKYARD, UM, DUE TO THE WALKABLE NATURE OF THIS AREA. NEXT SLIDE, PLEASE. UH, SWITCHING GEARS TO THE POOL. UM, THIS IS A VARIANCE REQUEST. UM, THE HOME WAS CONSTRUCTED AT BENEFIT OF, UM, VARIANCE IN 2013. AS MR. THOMPSON DESCRIBED. THE REASON WHY WE'RE ASKING FOR EIGHT FEET, UM, IS THAT WHEN THE POOL WAS ORIGINALLY PROPOSED, THE LANDSCAPE ARCHITECT TOOK IT TO THE PERMIT CENTER. UM, IT WAS AT A CLOSER DISTANCE. UM, THE STAFF RECOMMENDED THAT WE FOLLOW THE BOARD'S EIGHT FOOT VARIANCE APPROVAL. AND THEN WHEN THAT, UH, PLAN REVIEWER TOOK IT TO HIS MANAGER, HE SAID, NO, NO, NO, WE NEED THE ANCE FOR THAT POOL BECAUSE IT'S NOT ON THE 2013 SITE PLAN. UM, THERE WAS A QUESTION THIS MORNING ABOUT A WATER FEATURE. IT'S, UM, A STONE, UH, WATERFALL. UM, NEXT SLIDE PLEASE. UM, SO THIS, JUST REAL QUICKLY ABOUT THE, THE VARIANCE HISTORY, UM, IT DID INCLUDE LOT COVERAGE. THAT WAS ONE OF YOUR QUESTIONS THIS MORNING. UM, BECAUSE THIS SITE IS 11% SMALLER THAN A TYPICAL R SEVEN FIVE LOT, UM, AND OUR HARDSHIP IS OUR SIZE, BUT ALSO THE, WE ARE, UH, CORNER ANGULAR SHAPE LOT NOT TYPICAL OF R SEVEN FIVE. UH, NEXT SLIDE PLEASE. OH, UH, THERE WAS A QUESTION ABOUT WHAT, UM, THE FRONT YARDS, HOW IT WAS TREATED. AND 2013, UM, IT DID INCLUDE BOTH FRONTAGES, UM, AT THAT TIME, UM, VARIANCE REQUESTS FROM LUMPS TOGETHER. SO IF YOU HAD ANYTHING IN THE FRONT YARD, IT ALL WENT UNDER ONE APPLICATION. NOW IT IS SEPARATED AND YOU GUYS MAKE SEPARATE MOTIONS AND WE PAY SEPARATE FEES. UM, SO I FOUND THIS FROM THE THE BOARD MINUTES. NEXT SLIDE PLEASE. UM, THIS IS THE GOOGLE STREET VIEW THAT SHOWS THE, THE EXISTING CYPRESS TREES IN THE METAL FRAMES THAT WILL REMAIN. UM, ONE MORE POINT I'D LIKE TO MAKE ABOUT, UM, NEIGHBORHOOD OUTREACH. WE DID GET SUPPORT LETTERS OR SUPPORT SIGNATURES ON OUR PETITION. UM, I MAILED LETTERS TO THE, THE NEIGHBORS FOR THE FENCE. WHEN THE POOL GOT ADDED. I MAILED LETTERS AGAIN, AND THE PETITION SIGNATURES WERE GATHERED BY THE HOMEOWNER. SO WE BELIEVE THAT WE NEED THE TEST FOR DEFENSE. AND, UM, WE HAVE A PROPERTY HARDSHIP FOR THE VARIANCE. THANK YOU. UM, UH, I'VE GOT ADDITIONAL SLIDES IF YOU WANNA SEE THE YES, WE DO. OKAY. UH, NEXT SLIDE. UM, SO THIS IS THE CORNER DIRECTLY NORTH. UM, SO THIS IS THE GLENWOOD FRONT LENGTH, [00:15:01] NO FRONTAGE HERE IS TECHNICALLY A FRONT YARD, BUT THIS IS THE TH THREE ZONING. UH, NEXT SLIDE. UM, AND WHEN WE GO DOWN, UM, MADEIRA, THERE'S A FEW LOTS THAT HAVE FRONTAGE ON BOTH MADEIRA AND COLON. SO, UH, THESE TWO FENCES THAT YOU SEE WOULD BE IN FRONT YARDS. UM, NEXT SLIDE PLEASE. UM, SO THIS IS ANOTHER LOOK AT THAT, THAT DARKER FENCE WHEN YOU APPROACH THE CORNER OF CULLEN. NEXT SLIDE PLEASE. UM, IF YOU GO FURTHER DOWN TO MCMILLAN, THIS IS IN A DIFFERENT ZONING CATEGORY, BUT THERE I, I WENT A LARGER BLOCK. UH, NEXT SLIDE PLEASE. SO THIS IS NOT INCONSISTENT WITH THESE CORNER, ESPECIALLY TRIANGULAR LOTS THAT HAVE MULTIPLE FRONTAGES. UM, SO COMING BACK, UH, FROM MCMILLAN ON MELROSE, UM, THIS IS A FENCE THAT IT'S A SIDE YARD BECAUSE IT DOESN'T HAVE CONTINUITY. NEXT SLIDE. AND THEN WE'RE BACK AT COLON. SO THIS IS THE, THE EAST SIDE OF OUR BLOCK. UH, NEXT SLIDE. YEAH, SO THAT HOME, IT HAS, UM, A FRONT YARD FENCE ON MELROSE BECAUSE OF CONTINUITY REQUIREMENTS. NEXT SLIDE. YEAH. AND THE GREEN ARROW POINTS TO OUR, UH, REQUEST SITE. AND THEN YOU CAN SEE ON THE LEFT THERE'S A ANOTHER INTERVENING HOME, UM, THAT CAUSES CONTINUITY. NEXT SLIDE. UM, AND THEN WHEN YOU GO DOWN GLENCO TOWARDS HENDERSON, UM, THIS LOOKS LIKE A NEWER FENCE, BUT, UM, I BELIEVE THIS IS A FRONT YARD AND THESE PROPERTIES WILL BE ABUTTING THAT NEW DEVELOPMENT. UM, SO I THINK THAT'S, UM, I BROUGHT THIS, UM, THE SURVEYS THE LAST SLIDE, BUT THAT'S ONLY IF YOU HAVE ANY QUESTIONS ABOUT WHAT WAS THE EXISTING CONDITIONS OF THE HOME. YES, IT DID. UH, I, LET'S KEEP THIS UP BECAUSE I THINK THIS IS RELEVANT TO, UH, SOME OF THE QUESTIONS THIS MORNING. THANK YOU VERY MUCH. UH, QUESTIONS FOR THE APPLICANT, MR. HAITZ. UM, AND YOU SHOW VARIOUS SLIDES IN YOUR PRESENTATION OF HOMES WITH FENCES. YES, SIR. AND, AND I DON'T, I DON'T THINK IN ANY OF THOSE WAS THE, WAS THE HEIGHT OF THE FENCE IN THE INDICAT? UH, CORRECT. UM, THOSE WERE ALL OBSERVED TO BE TALLER THAN FOUR FEET. UM, SO THEY'RE PROBABLY IN THE SIX TO NINE FOOT RANGE IS MY ASSUMPTION THAT, THAT THEY APPEARED TO BE SIX FOOT. YES SIR. YES SIR. BUT, BUT IN THE FUTURE YOU MIGHT WANNA MAKE SOME MEASUREMENTS AND INCLUDE THOSE IN YOUR EXHIBIT BECAUSE OKAY. IF YOU'RE TRYING TO MAKE A POINT THAT WOULD HELP MAKE A POINT. I, I THINK IT'S IN THE SIX TO NINE FOOT RANGE. 'CAUSE THERE WERE VARIOUS FENCES AND VARIOUS AGES. YES, SIR. THANK YOU. YES, MR. HAKU, A QUESTION FOR THE CHAIR. UM, IS THERE ANY RELEVANCE TO THAT? THE CURRENT OWNERS OF THE HOME AND THEY PURCHASED IT, THE NON-CONFORMING EIGHT FOOT FENCE SECTION THAT IS NOW, THERE WAS ALREADY THERE. DOES THAT, DOES THAT ABSOLVE THEM OF ANYTHING? OKAY. DID WE D DID WE, DID, DID WE DETERMINE THAT, THAT THE PROPERTY ARE CURRENTLY PUT IT UP OR THE PREVIOUS, UM, HER LETTER IS PREVIOUS OWNER. SO IT SAYS LETTER INDICATES THAT THEY ACQUIRED IT ALREADY THERE. UM, THAT'S A GOOD QUESTION. SO I'M GONNA TURN TO MY ATTORNEY AND BOARD ADMINISTRATOR. TELL ME HOW THAT, HOW THE CITY LOOKS AT THAT. WHEN A NEW PROPERTY OWNER BUYS A PROPERTY THAT HAS BASICALLY A UN PERMITTED ILLEGAL FENCE, TELL ME HOW, HOW DO, HOW DOES THAT RESPONSIBLY CARRY TO THE NEW PROPERTY OWNER OR NOT? IT IS MY UNDERSTANDING THAT IF IT WASN'T DISCLOSED TO THEM, THEY WOULD STILL HAVE TO GET IT PERMITTED. I WOULD THINK SO. 'CAUSE THEY ASSUME THE, THE GOOD, THE BAD AND THE UGLY OF WHAT THEY PURCHASED. OKAY. IS THAT WHAT, OKAY, SO I'M HEARING AN ECHO YES. BETWEEN STATS, SO, OKAY. MS. BOARD ATTORNEY, BECAUSE AGAIN, VARIANCES AND SPECIAL EXCEPTIONS ARE TO THE LAND, NOT TO THE PROPERTY OWNER. SO IF IT WAS THERE, IT WOULD HAVE TO BE CORRECTED. ALRIGHT. SO THAT'S THAT. UM, MS. HERETO, UH, WHAT'S THE LOT? COVERAGE LOOKS LIKE 99%, BUT I KNOW IT'S NOT. UM, THE MINUTES FOR THE 2013 CASE SAID THAT THEY GRANTED A SPECIAL EXCEPTION OF 496 SO SQUARE FEET. UM, BUT I UNDERSTAND THAT THE ENCROACH, THE, THE BUILDING LINE ON THE MADERA SIDE WAS SUPPOSED TO BE NOT 15 FEET. IT WAS SUPPOSED TO BE SIX OR EIGHT. AND, UM, I DON'T HAVE THAT ANSWER FOR YOU. UM, I DID TRY TO LOOK ON THE PERMIT RECORDS OVER LUNCH AND UM, I BELIEVE IT WAS 45% OR OR BELOW THE REMARKS, [00:20:01] UM, THAT MR. THOMPSON MADE ON HIS PLAN REVIEW. WELL, 45% IS THE LIMIT. YES, SIR. SO WHAT I'M WONDERING IS, WHAT IS IT, WHICH YOU'RE SAYING YOU DON'T KNOW. I DON'T HAVE THAT NUMBER. UM, BUT I BELIEVE IT'S 45% OR LESS. I, I AGREE WITH MR. THOMPSON'S INTERPRETATION OF THE SWIMMING POOL IS NOT LOT COVERAGE. YEAH. I WON'T ARGUE WITH THAT. UM, OKAY. IT JUST, WE SEE MANY CASES WHERE PROPERTY OWNERS EITHER BUY OR HAVE THEIR, THEY OWN THE PROPERTY AND THEN WANTING TO BUILD SOMETHING AND THEN PUSHING THE BOUNDARIES OF WHAT THE LOT COVERAGE IS OR SHOULD NOT BE PUTTING MORE ON A PROPERTY THAN WHAT REALLY THE PROPERTY CAN ABSORB. SO, BEAUTIFUL HOME, GREAT IMPROVEMENTS, ALL THAT. IT JUST SEEMS LIKE YOU'RE ABOUT TO BURST AT THE EDGES. SO THAT'S JUST ONE PERSON'S PERSPECTIVE. I, MY OPINION IS THAT IT FITS NICELY IN THIS AREA BECAUSE WE HAVE THE TH THREE TO THE NORTH. WE HAVE A MIX OF OLDER HOMES BECAUSE OF JUST THE, THIS LOCATION. AND I, I THINK IT FITS IN NICELY. I DON'T THINK WE'RE OVERDEVELOPING THE PROPERTY. AND I THINK IF YOU HAVE A R SEVEN FIVE LOT, YOU EXPECT TO HAVE A BACKYARD THAT YOU WANT TO USE. WELL THE PRO, THE TH THREE THAT YOU'RE TALKING ABOUT TO THE NORTH, THAT'S TOWN HOME DEVELOPMENT, YOU EXPECT THAT SORT OF ROW TOWNHOUSES SO THAT YES SIR. IF I SAW SOMETHING DIFFERENT THAN THAT, I'D GO, WOW, THAT DOESN'T LOOK RIGHT. SO, BUT THE, THE THE DRIVE AROUND THE BLOCK, IT, IT FEELS COHESIVE. IT FEELS LIKE A COMPACT URBAN NEIGHBORHOOD. UM, DID YOU GET FEEDBACK FROM YOUR NEIGHBOR DIRECTLY TO THE SOUTH, UH, WHICH IS EDWARD V CULLEN AT, UH, 2 2 3 2 MADERA. HE IS THAT PROPERTY OWNER IS THE MOST AFFECTED BY WHAT, WHAT YOUR CLIENT IS EITHER PROSING TO RECTIFY 'CAUSE HE DIDN'T GET A PERMIT OR TO JUSTIFY TO GET A NEW SURE, SURE. UM, THE PROPERTY OWNERS, UM, ARE IN THE MEDICAL PROFESSION. THEY HAVE ODD HOURS. THEY DID THE BEST THAT THEY COULD, UH, TO GATHER THEIR SUPPORT SIGNATURES. I DON'T RECALL THAT THEY OBTAINED THIS SIGNATURE. I ENCOURAGE THEM TO TALK TO THEIR NEIGHBORS AND HAND OUT CANDY ON FRIDAY, BUT I'M NOT, I, UM, THAT'S WHY I GOT THE PETITION ON SUNDAY. SO MAYBE THOSE EXTRA FOLKS GOT SOME CANDY AND INFORMATION ON THE FIRST. SO THE ANSWER TO MY QUESTION IS YOU HAD, YOU DIDN'T VERIFY THAT THAT'S NOT A VERIFY. I I DO NOT KNOW OPINION ONE WAY OR THE OTHER. CORRECT. OKAY. OKAY. UH, WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? THEN WE'LL GO TO ANY OTHER, DO WE HAVE ANY OTHER SPEAKERS REGISTERED? MS. BOARD, BOARD SECRETARY? NO, THE SPEAKERS REGISTER, SIR. OKAY. WHAT ARE THE QUESTIONS FOR THE APPLICANT? MR. FINNEY? UM, MS. HER HERTO. RITOTO? YES. UM, SO THE, THE TWO FENCES ARE, UM, BOTH MATCHING THE EXISTING YES. FIT FENCES. IS IT THE SAME STYLE OF FENCE WITH THE SAME OPACITY IN EACH SITUATION? OR ARE THEY DIFFERENT OPACITIES? THE, THE FENCES WILL MATCH WHAT'S EXISTING AND THEY'LL BE THE SAME ON BOTH FRONTAGES. OKAY. BUT I GUESS I WAS IN THE, IN THE DRIVE BY, UM, ON, UH, MADERA AVENUE, THE, THE, THE FENCE THAT FACES THAT THE EXISTING FENCE LOOKED A LITTLE BIT DIFFERENT FROM WHAT WE'RE SEEING IN THESE, UH, PROPOSED ELEVATIONS. SO I WAS JUST CURIOUS, UH, MY, UNDER MY RECOLLECTION, IT'S UM, THE CEDAR FENCE, THE EIGHT FOOT CEDAR FENCE THAT'S THERE, AND THAT'S WHAT'S GONNA BE, UM, EXTENDED BY 30 FEET. OKAY. ALRIGHT. THANKS. THANK YOU. MR. FINNEY, WHAT ARE THE QUESTIONS FOR THE APPLICANT? MR. HOPKOS, I BELIEVE IT WAS SAID THIS MORNING THAT THE SWIMMING POOL AREA IS BEHIND THE EXISTING FENCE. IS THAT CORRECT? CORRECT. BUT UM, THIS IS, THIS IS JUST A COMMENT, IT'S NOT A QUESTION. UH, WE DO NOT HAVE AN OPTION OF JUST LEGITIMIZING THE NON-COMPLIANT FENCE THAT THEY'RE CURRENTLY, WE HAVE TO APPROVE EIGHT FEET OR THE PLAN THAT'S PROVIDED, WHICH IS TO EXTEND THAT FENCE, MR. CHAIRMAN. IS THAT CORRECT? WHAT IS YOUR QUESTION AGAIN? YEAH, WE COULD APPROVE AS REQUESTED, WE COULD APPROVE AT FOUR FEET ONE IN. CAN WE, CAN WE, UNDER WHAT IS WHAT WE HAVE IN FRONT OF US? CAN WE APPROVE LEGITIMIZING, LEGALIZING THE EXISTING FENCE AND LEAVING IT BACK? YES. WELL, THE, THE, THE QUESTION GOES TO WHETHER BUILDING IN INSPECTION HAS TO GET REVISED PLANS IN ORDER TO ENFORCE WHAT THE ORDER OF THE, THE BOARD IS. AND OUR HESITATION ALWAYS IS SOMETHING THAT WE APPROVE THAT IS NOT COMPLETE AS FAR AS DRAWINGS. AND I, FOR ONE, HAVE ALWAYS HESITATE US, OH, I MEAN, LET'S BE VERY CAREFUL ABOUT WHAT WE WOULD [00:25:01] APPROVE. IT'S NOT PLANS THAT BUILDING INSPECTION CAN THEN GO AND INSPECT AND SAY YES OR NO. OKAY. SO WHAT I'M SUGGESTING, UM, SO THE ANSWER THEN WOULD BE, NO, WE REALLY, WE REALLY COULDN'T DO THAT. THEY WOULD HAVE TO, TO SUBMIT. WELL, THERE HAVE BEEN TIMES ANOTHER REQUEST, THERE HAVE BEEN TIMES THAT THE BOARD HAS APPROVED SOMETHING DIFFERENT THAN WHAT WAS SUBMITTED. BUT THE, THE SLIPPERY SLOPE IS HOW DOES BUILDING INSPECTION THEN KNOW HOW TO ENFORCE WHAT WE'VE SAID? I GUESS YOU'D HAVE TO BE VERY, YOU'D HAVE TO BE VERY EXPLICIT ABOUT THAT. NOW, MS. BOARD ADMINISTRATOR, DO YOU WANT TO ADVISE ME? OTHERWISE? I THINK MR. THOMPSON. OKAY. SO IN THIS CASE, UM, IF THE FENCE AT EIGHT FOOT HIGH ALONG MADERA EXISTING FENCE, YES, THE EXISTING FENCE WOULD BE APPROVED. AND THEN THE PORTION THAT THERE ARE TRYING TO PROPOSE, THE APPLICANT WOULD HAVE TO REVISE THOSE DRAWINGS. WE WOULD NOT RELEASE ANY TYPE OF SIGNATURES UNTIL THAT REVISION WAS MADE. THAT HAS NOTHING TO DO WITH THE MEROSE SIDE BECAUSE YOU COULD STILL APPROVE MEROSE COMING UP TO THE GARAGE. SO WHATEVER WAS APPROVED AT WHATEVER HEIGHT, WE WOULD NOT RELEASE ANY DRAWINGS, UH, TO APPLY FOR A PERMIT UNTIL THOSE REVISIONS WERE MADE, UM, IN A KINDLY MANNER. ALRIGHT. HOLD THAT, HOLD THAT COMMENT. WOULD YOU NOT AGREE, MS. BOARD ADMINISTRATOR, AS A RULE, YOU WOULD PREFER US TO BE VERY CAUTIOUS ABOUT APPROVING SOMETHING WITHOUT GOOD PLANS? I'M SORRY, ON THE RECORD, I'M NOT PUTTING WORDS IN YOUR MOUTH, I'M JUST THAT'S CORRECT. AND WITHOUT STAFF ADEQUATELY REVIEWING IT BEFORE YOU DOCUMENT THE FUTURE. YES. I THINK IT'S JUST, WE'VE DONE IT OCCASIONALLY. WE HAD, I CAN'T REMEMBER THERE WAS, AND THIS PANEL HAS DONE IT. I THINK WE JUST HAVE TO BE CAREFUL ABOUT THAT BECAUSE WE WANNA BEAT UP ON PERMITTING SAYING, WHY DID YOU APPROVE SOMETHING? WELL, YEAH, WE HAVE TO MAKE SURE WE'RE GIVING GOOD DECISION MAKING OR GOOD BY PRODUCT, WORK PRODUCT TO THE STAFF TO BE ABLE TO ENFORCE. WHICH IS THE REASON WHY I SAID BEFORE WE WOULD RELEASE ANYTHING, WE WOULD MAKE SURE THAT THOSE NUMBERS ARE CORRECT BEFORE THEY MOVE FORWARD. OKAY. BUT IT IS WITHIN THIS BOARD ATTORNEY, IT IS WITHIN THE, THE, THE CAPACITY OF THE BOARD TO APPROVE THE EXISTING FENCE AT WHAT? AT THAT, AT A HEIGHT, AND THEN MAKE A CHANGE FOR THE BALANCE. THIS BOARD CAN APPROVE A, A HEIGHT OF EIGHT FOOT OR LESS. WE COULD NOT APPROVE BECAUSE IT WASN'T ADVERTISED. CORRECT. SO YOU CAN MODIFY THE REQUEST TO BE ANYTHING EIGHT FOOT OR LESS. SO THE ANSWER TO YOUR QUESTION IS WE COULD, IF THAT WAS THE OPINION OF FOUR OR FIVE MEMBERS. OKAY. MS. HAYDEN HAD A QUESTION. CHAIRMAN MAY RESPOND, READ THE, UH, YES, YOU MAY RESPOND AND THEN WE'LL GO TO MS. HAYDEN. UM, THE, UM, PROPOSED FENCING A LITTLE BIT CLOSER TO THE MICROPHONE. WE WANNA HEAR EVERYTHING YOU SAY. THANK YOU. UM, THE PROPOSED FENCE EXTENSION, UM, WE DO HAVE SUPPORT FROM THE NEIGHBOR AT THAT OTHER CORNER THAT WOULD BE IMPACTED. SO I BELIEVE THAT THE PROPOSED FENCE WOULD NOT, ARE YOU TALKING ABOUT MELROSE OR MADERA? MADERA. MADERA. I THOUGHT WE HADN'T HEARD FROM THAT PROPERTY ON IT. THE, THE CORNER LOT IS ONE OF THE PETITION SIGNATURES YOU RECEIVED. UH, I THINK THE ADDRESSING DOES NOT MATCH WHAT THE PARCEL ADDRESSES TALKING ABOUT. 54 14 MELROSE? OR ARE YOU TALKING ABOUT 54 21 MELROSE? UH, NUMBER 31 ON YOUR MAP. IT'S THE, THE, UH, THERE'S FIVE STREETS HERE. IT'S THAT SOUTH CORNER, ALSO A TRIANGLE. AND THEN I BELIEVE THE CITY STAFF MAIL NOTICES TWICE AND I MAIL LETTERS TWICE. SO I THINK THE IMMEDIATE NEIGHBOR HAD, ARE YOU TALKING ABOUT THE CORNER LOT ACROSS THE STREET FROM HIM? UH, BUT, UH, UH, GLENCO AND MADEIRA, YEAH. OKAY. SO MR. KOVI OBSERVATION WAS, DOES THE BOARD HAVE THE AUTHORITY TO, UH, LEGITIMIZE THE FENCE THAT WAS BUILT WITHOUT THE PERMIT AND NOT GO ANY FARTHER? AND THE BOARD ATTORNEY AND STAFF SAID YES, EIGHT FEET OR LESS. THE BOARD ADMINISTRATOR AND STAFF SAID, BUT WE'D WANT PROPER DOCUMENTS IN ORDER TO ENFORCE IT. SO I DON'T UNDERSTAND YOUR RESPONSE TO THAT. THE, THE TEST IS THE SAME FOR THE EXISTING AND THE PROPOSED, UH, DOES IT ADVERSELY AFFECT NEIGHBORING PROPERTIES? SO SINCE WE HAVE THE SUPPORT OF THE PROPERTY, THAT WOULD BE AFFECTED BY THE FENCE EXTENSION. UM, BUT NOT THE NEIGHBOR. THE NEIGHBOR RECEIVED FOUR LETTERS, TWO FROM ME TO THE CITY AND [00:30:01] HAD PLENTY OF OPPORTUNITY TO COMPLAIN ABOUT THE EXISTING FENCE. AND THEY DID NOT. I HEAR YOU. THANK YOU. BUT IT'S IN THE OPINION OF THE BOARD. YES, SIR. ABSOLUTELY. SO, MS. HAY, UM, COULD SOMEBODY SHARE THE SCREEN AGAIN AND SHOW THE WHERE THE PHOTOGRAPHS ARE ARE ON MS, UH, MOTOS PRESENTATION? HERS? SO, UH, MY QUESTION IS ABOUT THE, THE FENCE THAT'S PROPOSED TO BE EXTENDED ON THE MADERA SIDE, WHERE THE TREES ARE, WHERE THOSE ITALIAN CYPRESS TREES ARE? YES. SO THE FENCE EXTENSION ON THAT SIDE, I'M TRYING TO DETERMINE WHAT THAT'S GONNA LOOK LIKE. I MEAN, I DON'T EVEN THINK YOU'LL BE ABLE TO SEE IT, BUT I'M NOT SURE FROM THE PHOTOGRAPHS WHAT THAT, YOU KNOW WHAT I MEAN? SO IS THERE A GOOD PHOTOGRAPH THAT SHOWS THAT SIDE, UM, AND WHERE THE FENCE WILL GO? LIKE THIS IS FROM AN ANGLE, BUT HOW FAR UP IS THAT FENCE PLAN TO GO? LOOKING AT THIS PHOTOGRAPH UP ON THE SIDE, ALONG THE SIDE, ALONG MADERA, HOW FAR UP ALONG THE SIDE OF THE HOUSES AND WHAT'S THE, WHAT'S THE RATIONALE FOR THAT? I, AND I UNDERSTAND ON THE OTHER SIDE, THE EXTENSION IS TO COVER THE POOL EQUIPMENT, WHICH I UNDERSTAND AND THAT'S HARDLY NOTICEABLE. BUT ON THIS SIDE, I'M CURIOUS AS TO WHAT THAT, I'M TRYING TO GET AN IDEA OF WHAT THAT'S GONNA LOOK LIKE. UM, THAT'S A GREAT QUESTION. UM, THE FENCE WOULD BE EXTENDED. UM, I'M GONNA APPROXIMATE TO ABOUT, UH, YOU SEE THE TELEPHONE POLE AND THEN I WOULD GO TO CYPRESS TREES TO THE RIGHT. SO THE, THE TREES WILL CONTINUE TO SCREEN THE FENCE. SO IN THAT APPROXIMATE LOCATION, SO THE FENCE WILL GO UP TO ABOUT WHERE THAT KIND OF SECOND LEVEL ROOF LINE IS APPROXIMATELY? YES. IS THAT ABOUT HOW FAR UP IT WILL GO? AND THEN HOW FAR BEHIND THE CYPRESS TREES WILL IT BE? UM, IT'LL BE ONE FOOT SEVEN INCHES BEHIND THE PROPERTY LINE. AND THERE'S ABOUT SIX INCHES, UM, OF THE PLANTER AREA THAT IS, UM, UH, OUTSIDE OF THE PROPERTY LINE BEFORE YOU GET TO THE CENTER OF THE TROOP. SO IT'S, SO I AM, UH, DO YOU WANNA GO BACK TO THE FENCE ELEVATION SLIDE THAT MAY BE A LITTLE BIT MORE ELEGANT THAN WHAT'S COMING OUTTA MY MOUTH? I THINK MS. HAYDEN IS LOOKING FOR, AND WE WOULD AGREE WITH HER MORE PRECISE MEASUREMENTS AS OPPOSED TO THE PICTURESQUE. RIGHT. UM, THEN, UH, WE GO TO THE FENCE SITE PLAN. DO YOU HAVE IT WHERE IT GOES DOWN THE STREET, STREET LE OR, OR I, I DON'T HAVE ANOTHER PHOTO OF THE THERE. MAYBE THIS WAS THE BEST. OKAY, SO, SO WHAT, WHERE'S THE EXISTING FENCE GO TO AND WHERE THE NEW PROPOSED? THERE YOU GO. THANK YOU. SO YEAH, SO YOU CAN SEE IT. THERE'S A, A GATE THERE CURRENTLY AND THEN THE NEW GATES IS, UM, 30 FEET OFF OF THAT. SO MR. THOMPSON, WOULD YOU TAKE YOUR CURSOR TO WHERE SHE'S TALKING ABOUT THAT GATE? I SEE. WE SEE IT RIGHT THERE. ALRIGHT, THAT'S EXISTING, CORRECT? YES. OKAY. WHAT, SO THERE, SO THE OTHER, ALRIGHT, THAT'S EXISTING. ALRIGHT, NOW GO THE OTHER DIRECTION. IS WHAT MS. HAYDEN'S ZEROING IN ON 30 FEET WHERE YOU SEE 30, IS THAT WHAT IT SAYS? YES. SO IT'S 30 FEET AND IT'S THE SAME DISTANCE FROM THE PROPERTY LINE, CORRECT? EIGHT FEET TALL? YES. OKAY. BUT I ASSUME WHERE IT'S GOING NOW GO TO THE OTHER SIDE OF THE PROPERTY. MR. THOMPSON, IF YOU WOULD JUST SO THAT, 'CAUSE I DON'T THINK THE OTHER SIDE IT'S A, IS AN ISSUE. YOU'RE JUST EXTENDING IT DOWN. NO, THE OTHER WAY TO THE LEFT, WHICH IS WHAT? MILL ROADS OR MADERA. YES. AND THAT WOULD BE OH, SHIFT. SHIFT YOUR SCREEN. THERE YOU GO. THANK YOU. RIGHT THERE. YOU'RE JUST TAKING IT TO THE EDGE OF THE PROPERTY. I DON'T AND THE NEIGHBOR NEXT DOOR DOESN'T HAVE AN OBJECTION OR SUPPORTING. THEY'RE SUPPORTING. YEAH. SO THAT I DON'T THINK IS AN ISSUE I THINK I WOULD AGREE WITH. HEY, THE AREA IN QUESTION IS LEGITIMIZING. I HATE TO BE, WELL ANYWAY, THE LEGITIMIZING THE EXISTING EIGHT FOOT FENCE AND THEN WHETHER OR NOT IN THE OPINION OF THE BOARD, UH, THE EXTENSION EIGHT FEET DOWN THE STREET AND THEN I GUESS IT'S 15 FEET TO THE, TO THE HOME. AND THEN WHETHER THAT, WHERE WE WANNA GO ON THAT. ALRIGHT. ONE OTHER QUESTION. DID THAT ANSWER YOUR QUESTION MS. TA? YES. WHAT YOU WANTED TO ZERO IN ON? OKAY, MR. FINNEY. UH, MS. OTTO, UM, SO THE ON, UM, MADERA MADERA AVENUE, THE, THE NEXT DOOR NEIGHBOR THAT, UH, YOUR CLIENT WAS NOT ABLE TO GET AHOLD OF, [00:35:01] UM, HOW FAR BACK FROM THE RIGHT OF WAY IS THE FRONT OF THAT HOUSE? DO YOU KNOW? DO YOU HAVE THAT IN YOUR DOCUMENTATION? I, I DON'T. UM, I SUSPECT IF, IF I RECALL CORRECTLY, IT'S AN OLDER HOME. SO MY GUESS IS PROBABLY IN THE 15 TO 20 FOOT RANGE. YOU'RE TALKING 2232 MADE. YES. PROPERTY OWNER NUMBER 22. YES. MR. THOMPSON, DO WE HAVE ANY PICTURES OF THAT? UH, WILL IT SHOW US? WELL, OKAY, WHY DON'T YOU SHOW US WHAT YOU GOT. DO YOU FEEL THE ANGST THAT WE HAVE ABOUT A FENCE THAT WAS BUILT WITHOUT A PERMIT AND AN EIGHT FEET AND NOW YOU'RE WANTING TO STAND, EXTEND THAT THERE'S THE ANGST? YES. THE AND THE FACT THAT WE HAVEN'T HEARD FROM THE BERRY PROPERTY OWNER THAT THIS AFFECTS MOST I UNDERSTAND. SO THERE'S OUR ANGST. WELL, AND PART OF THE, WHAT I LIKE DRIVING AROUND IN THAT GOOGLE REVIEW SHOT IS THAT WE HAVE, EVEN THOUGH BETHS MADEIRA IS A 50 FOOT RIGHT OF WAY, IT FEELS OPEN EVEN WITH THE EXISTING FENCE THAT WE HAVE. I KNOW THE CANYON EFFECT IS A CONCERN THAT THE BOARD OFTEN HAS. UM, SOMETIMES WHEN YOU HAVE AN EXISTING ITEM THAT NEEDS BOARD APPROVAL, IT'S, YOU KNOW, WHAT IT LOOKS LIKE. 'CAUSE IT'S THERE. AND I WILL REPEAT THAT. THE IMMEDIATE NEIGHBOR HAD FOUR CHANCE, WAS CONTACTED FOUR TIMES AND DECLINED TO PARTICIPATE WITH THEIR OPINION. THAT'S EVEN CLOSER. SO JUST AS A SIDEBAR TO EVERYONE IS STAFF WISE, THIS WAS HOTLY DEBATED ABOUT WHETHER WE AT A BOARD HEARING COULD, COULD UTILIZE THIS. AND I'M GLAD WE ARE, BUT WE'RE DOING IT ALL TOGETHER. SO IT'S ALL PART OF THE EQUAL PUBLIC RECORD. THAT WAS A NUDGE TO MY BOARD ATTORNEY. 'CAUSE THE ATTORNEYS HAVE ALWAYS OPPOSED THIS BECAUSE HOW IS THIS EVIDENCE, BUT OKAY. ALRIGHT. SO SHOW, TELL, TELL US WHAT THIS MEANS. UM, BACK TO, I THINK IT WAS MR. FINNEY'S COMMENT ABOUT WHERE IS IT ADJACENT TO THE SETBACK. I SEE THE NEIGHBOR HAS LUSH LANDSCAPING BETWEEN US AND THE EXISTING FENCE, AND THEY LOOKED TO THE APPROXIMATELY 10 FEET OFF THE RIGHT OF LANE OR LESS. SO IS THAT FENCE RIGHT THERE THAT WE'RE LOOKING AT, IS THAT THE EXISTING FENCE FOR THE SUBJECT PROPERTY? RIGHT THERE? OKAY. YES MA'AM. AND THEN THE EXTENSION WILL GO FURTHER IN THE OPPOSITE DIRECTION, CORRECT? THAT, THAT WAY. OKAY. CAN YOU, UM, GO A LITTLE BIT CLOSER OR FURTHER CLOSER TO THE SUBJECT PROPERTY, MR. THOMPSON? YEAH. OKAY. OKAY. YEAH. MR. CHAIR, I HAVE A QUESTION. UH, MS. HAY, DID YOU FINISH FIRST? YES, I'M FINISHED. MR. FINNEY? YES. SO WHILE WE'RE LOOKING AT THIS ELEVATION OF THE EXISTING FENCE, UM, MS. HARIMOTO, BACK TO MY PREVIOUS QUESTION ABOUT THIS SPECIFIC FENCE AND WHETHER OR NOT THE PROPOSED FENCE MATCHES IT, JUDGING FROM THIS STREET VIEW, THE, THE PLANKS ON THIS FENCE ARE GOING HORIZONTAL, BUT IN THE ELEVATIONS PROVIDED, THE PLANKS ARE GOING VERTICAL. SO IT DOESN'T SEEM LIKE THE FENCE WILL BE MATCHING. OKAY. SO I I BELIEVE YOU'RE CORRECT. UM, BEG VERY GOOD CATCH MR. FINNEY? YES, SIR. , UM, THERE ARE REMARKS, UM, ON THE FENCE PLAN OR FENCE ELEVATIONS THAT THERE WILL BE NO CLIMBING RUNGS. UM, I THINK THAT'S ONE OF THE BUILDING CODE REQUIREMENTS, UH, FOR SWIMMING POOL ENCLOSURES. SO I BELIEVE THE FENCE THAT IS ON THE PROPERTY LINE THAT IS PERPENDICULAR TO THE HOME WILL STAY. AND THEN THE, UH, VERTICAL SLOTS WILL BE ON THE STREET FACING. SO WHAT WE'RE SEEING HERE WILL BE REPLACED WITH VERTICAL. YES, SIR. SLOTS. I APOLOGIZE, SIR. OKAY. OKAY. THANK YOU. BUT I THOUGHT THE REQUIREMENT OF POOLS HAD TO HAVE HORIZONTAL WITH THOSE. OH, I SEE. YOU DON'T HAVE TO PUT THAT EXTRA STEP IN. YOU DON'T WANT, YOU DON'T WANT SOMEONE TO CLIMB INTO THE I I KNOW THAT I HAD A FENCE PUT IN THE BACK AND THEY HAD TO COME OUT AND RETROFIT, PUT THAT LITTLE WEDGE IN HORIZONTAL. OH, ONLY IF IT'S HORIZONTAL, IT'S VERTICAL. YOU DON'T HAVE TO DO THAT. OKAY. SO I LIKE TO REPEAT THINGS. MY WIFE NEVER SAYS I REPEAT. SO ARE YOU SAYING THAT THIS WHAT WE SEE IS GONNA BE REPLACED TO MAY IT VERTICAL? YES, SIR. THAT'S WHAT THE ELEVATION SHOWED. I APOLOGIZE. HMM. OKAY. MS. HAYDEN, MR. BRYAN [00:40:01] OR MR. THOMPSON, COULD YOU MOVE, UH, A LITTLE, THE VIEW A LITTLE BIT MORE TO THE LEFT SO WE CAN SEE WHERE THAT FENCE EXTENSION WILL GO? OKAY, THERE. PERFECT. SO THAT FENCE ON THE RIGHT WILL BE EXTENDED TO THE LEFT 30 FEET FROM WHERE THAT IS, WHICH IS PROBABLY THIS CORNER TO WINDOW. YEAH. WHAT ARE THE QUESTIONS FOR THE APPLICANT? OH, MR. HAITZ, PLEASE. YEAH, I GUESS I'M NOT SURE IF THIS IS FOR THE APPLICANT OR NOT. I'M NOT SURE WHAT I JUST HEARD IN REGARDS TO, IS THERE A REQUIREMENT THAT A FENCE HAVE VERTICAL OR HORIZONTAL OR SOMETHING IF IT'S CLOSING A POOL? OR DOES, UH, IF YOU HAVE, OR CORRECT ME IF I'M WRONG, IF IT'S HORIZONTAL, IT'S GOTTA HAVE THIS WEDGE WEDGE IN IT SO PEOPLE CANNOT CLIMB. IS THAT RIGHT? I DON'T KNOW WHAT THE TERM IS. IF IT'S HORIZONTAL. AND WHAT IS THE CURRENT FENCE? THE CURRENT FENCE IS HORIZONTAL. MR. FINNEY DEDUCE THAT THE, ACCORDING TO THE PLANS, THESE ARE GONNA HAVE TO BE CHANGED TO VERTICAL. SHE CONFIRMED THAT, RIGHT? YES. SO VERTICAL FROM WHAT WE WERE TOLD, MR. THOMPSON DOES NOT REQUIRE EXTRA. SO DOES THAT ANSWER YOUR QUESTION? SO YEAH. SO IF WE WERE TO GO WITH WHAT I WOULD HAVE BROUGHT UP EARLIER IN APPROVING THE EXISTING FENCE ENCLOSURE AREA, THEN THAT WOULD, THEY WOULD HAVE TO TEAR THAT DOWN AND PUT UP A NEW FENCE RIGHT THERE BECAUSE IT'S TO MEET THE POOL SAFETY FORM. THAT THEY COULDN'T JUST LEAVE THAT THERE AND PUT THE POOL BEHIND IT. IS THAT CORRECT? I THINK REGARDLESS OF WHETHER WE APPROVE THE EXTENSION OF THE FENCE OR LEGITIMIZE THIS, THE APPLICANT'S CONFIRMED THAT THE PLANKS ARE GONNA HAVE TO BE REMOVED FROM HORIZONTAL OR THAT MOVED FROM HORIZONTAL TO VERTICAL. IN ORDER TO AVOID ADDITIONAL, WE WILL MEET ALL THE BUILDING CODE REQUIREMENTS. FIRST. , THERE'S A CATCHALL STATEMENT. I LIKE THAT. SO YOU HEARD WHAT SHE SAID, WHICH WOULD INCLUDE A FENCE IN A, IN A BUILT PERMIT FOR A FENCE AND WHAT'S REQUIRED FOR THAT. AND OUR, OUR SCOPE DOES NOT GO TO HORIZONTAL VERSUS VERTICAL. THAT'S NOT OUR PART OF OUR PURVIEW. OURS IS HEIGHT, LOCATION, AND DENSITY. SO, OKAY. UH, ANGST IS WHAT WE HAVE. AND I DON'T KNOW WHERE THIS IS GOING, BUT IT'S ANGST MS. HAYDEN. YEAH, I MEAN I, YOU KNOW, FOR ME AND CAN WE HAVE A DISCUSSION ABOUT THIS OR WE HAVE TO WAIT? WELL, YEAH, OUR BOARD ATTORNEY WOULD PREFER US IS WE CAN HAVE A LITTLE BIT OF DISCUSSION, BUT IT REALLY SHOULD BE BASED ON A MOTION ON, ON A MOTION ON THE FLOOR. OKAY. SO, UH, YOU COULD ASK A QUESTION THAT LEADS TO DISCUSSION. SO, UM, NO, I DON'T MR. CHAIR, I HAVE A QUESTION FOR YOU MR. FINNEY. UM, SO, AND I I JUST WANNA MAKE SURE THAT I'M NOT MISSING SOMETHING THAT YOU'RE SEEING. SO YOU MADE THE STATEMENT THAT, UM, EARLIER WHEN YOU WERE JUST, UH, DISCUSSING WITH MS. MS HERTO, UM, THAT THE FACT THAT THE NEIGHBOR HAS, WE'VE NOT HEARD FROM THE NEIGHBOR AFTER FOUR NOTIFICATIONS, GIVES YOU ANXIETY FOR ME, JUST THOSE FACTS ALONE CAUSES ME, LEADS ME TO THE OPPOSITE REACTION. I'M JUST CURIOUS IF THERE ARE OTHER FACTORS YOU'RE BURDEN CONSIDERING IS ON THE PROPERTY OWNER. THAT'S WHY BURDEN IS ON THE PROPERTY. WE ALWAYS SAY GO OUT OF YOUR WAY TO SOLICIT SUPPORT FOR A CHANGE THAT YOU'RE REQUESTING BECAUSE WE WANNA BE EMPOWERED WITH GOOD INFORMATION ABOUT WHAT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. THAT'S IT. NOW, THAT'S NOT CONCLUSIVE, BUT WE HAVE SEVERAL CASES TODAY. EACH WILL BE DECIDED SEPARATELY ON ITS OWN MERITS. BUT PART OF OUR CRITERIA IS NOT ADVERS VIRTUALLY AFFECTING ANY NEIGHBORING PROBLEM. SO, AND IT'S EACH ONE OF US TO COME UP TO THAT DETERMINATION AND GO FROM THERE. SO I'M JUST SAYING WE HAVE ANGST. THAT DOESN'T MEAN THERE'S NOT ENTHUSIASM, IT'S ANGST. NOW YOU MAY NOT, BUT THE VOTES WILL, WILL DID. TELL THAT ANYTHING ELSE? THAT'S IT. THANK YOU MR. HOROWITZ. YEAH, I WAS JUST SAYING IN THE ABSENCE OF INPUT WAY, ONE WAY OR THE OTHER, WE DON'T EVEN KNOW IF THAT HOMEOWNER SAW ANY OF THOSE FOREIGN . WE HAVE NO RESPONSE FROM THEM AT ALL. ON TOP OF THAT, THE PERMIT WAS BUILT ILLEGALLY. THE, THE BILL, THE, THE, NOT THE PERMIT, I'M SORRY, THE FENCE WAS BILL ILLEGALLY. SO THAT THAT TAINTS IT. THAT DOESN'T CONTROL THE DECISION, IT JUST [00:45:01] TAINTS IT. THAT'S FOR ONE PERSON ON THE PLANT PANEL. SO THAT'S WHERE THE ANGST IS. SO DID YOU WANNA MAKE ANY OTHER COMMENT BEFORE YOU ROLL THE DICE WITH THE VOTE? OKAY, MR. CHAIR, I'D LIKE TO MAKE A MOTION. MR. FINNEY. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 3 8 ON APPLICATION OF JENNIFER HARIMOTO GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAINED AN EIGHT FOOT HIGH FENCE ALONG MADERA AVENUE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED, THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. MR. FINNEY HAS MADE A MOTION TO GRANT ON BO OA 2 5 0 0 0 0 3 8 FOR THE REQUEST FOR TO CONSTRUCT, TO MAINTAIN EIGHT FOOT HEIGHT FENCE ALONG MADERA AVENUE. UH, IT'S A SPECIAL EXCEPTION FOR HEIGHT. UH, I'M INTERPRETING THAT AS THE WHOLE LENGTH, THE EXISTING PLUS EXISTING PLUS THE EXTENSION, CORRECT? THAT THE INTENTION OF YOUR MOTION? YES. OKAY. MOTIONS MADE. IS THERE A SECOND? I'LL SECOND IT. SECONDED BY MR. PSYCH DISCUSSION OF THE MOTION, MR. FINNEY? UM, YES. SO I THINK THAT THE APPLICANT MADE FOUR EFFORTS TO COMMUNICATE, UH, THAT THE INTENT OF, UH, THIS PROPOSED FENCE EXTENSION. UH, AND, AND I THINK THAT DI I THINK IT'S INTERESTING TO, TO POINT OUT THAT IF THIS FENCE WAS A PROBLEM, UM, YOU KNOW, THE, THIS, THIS NEIGHBOR HAS BEEN LIVING WITH THIS FENCE FOR QUITE SOME TIME. UM, AND IF, IF IT WERE A PROBLEM, I THINK AFTER FOUR ATTEMPTS OF BEING NOTIFIED, THEY WOULD'VE, THEY WOULD'VE BEEN VERY QUICK TO RESPOND AFTER YEARS OF LIVING WITH IT. UM, SO FROM MY PERSPECTIVE, I THINK IT'S FAIR TO ASSUME THAT THE, THE NEXT DOOR NEIGHBOR IS NOT CONCERNED BY THE PROPOSED FENCE. SO THAT'S WHY I MADE THE MOTION THAT I DID. THANK YOU, MR. FINNEY. MR. SAUK. UM, I CONCUR WITH WHAT, UH, MR. FINNEY SAID, AND I THINK THE APPLICANT DID MAKE, UM, ATTEMPTS TO REACH OUT TO THE NEIGHBOR. UH, THERE'S NOTHING THAT THEY COULD HAVE, HAVE DONE TO FORCE THE NEIGHBOR TO RESPOND, UH, ONE WAY OR THE OTHER, OR TO WEIGH IN. UH, THAT'S JUST NOT THE WAY IT WORKS. SO I FEEL THAT, YOU KNOW, THE FENCE IS, UM, DOES NOT, UH, ADVERSELY AFFECT THE NEIGHBORHOOD IN ANY WAY, UM, AND THAT THEY MEET ALL THE, THE REQUIREMENTS. THANK YOU MR. SIK. OTHER DISCUSSION ON THE MOTION? MR. HAITZ? UM, I'M NOT PERSUADED. UH, THE EVIDENCE THAT YOU PRESENTED MS. HARTO, UH, SHOWS A LOT. OFFENSES WHICH DO NOT APPEAR BY YOU AGREE, DID NOT APPEAR TO BE EIGHT FOOT FENCES. UM, AND YOUR LETTER BASICALLY SAYS, BECAUSE THERE'S OTHER FENCES IN THE NEIGHBORHOOD THAT ARE TALLER THAN FOUR FEET, THAT THAT SHOULD JUSTIFY THEN EIGHT FOOT FENCES WHERE I'M NOT REALLY SEEING EIGHT FOOT FENCES ALL AROUND THAT AREA. SO, UH, WHILE I'M PERFECTLY HAPPY TO VOTE FOR APPROVAL OF THAT SECTION OF THE FENCE THAT HAD BEEN NONCOMPLIANT SINCE IT'S GOING TO ENCLOSE A POOL AND THE AREA WRAPPING AROUND THE BACK, UH, I'M NOT HAPPY WITH THE EXTENSION, UH, THAT GOES IN FRONT OF THOSE, BEHIND THOSE CYPRESS TREES . SEE, UH, UH, WHY THAT'S INCLUDED IN THE PLANS. UH, AND I AM CONCERNED THAT, UM, WE HAVEN'T HEARD FROM THE MOST EFFECTIVE NEGATIVE DESPITE ATTEMPTS TO REACH OUT TO THEM. UM, UH, I'M CONCERNED THAT WE DIDN'T HAVE THAT RESPONSE FOR THOSE, FOR THOSE REASONS. I WILL NOT BE SUPPORTING THE MOTION AS CURRENTLY ON THE BOOKS. THANK YOU, MR. KOVI. MS. HAYDEN, I'M INCLINED TO SUPPORT THE MOTION AND I, YOU KNOW, I WENT BACK AND FORTH ON THIS ONE QUITE A BIT JUST BECAUSE OF THE CONCERNS, UH, THAT MR. HVI, UH, VOICED. UM, BUT I, LOOKING AT THE NEIGHBORHOOD AND UNDERSTANDING THAT THIS IS A VERY UNIQUELY SHAPED LOT AND, UM, [00:50:01] YOU KNOW, THERE YOU'RE VERY LIMITED IN WHAT YOU CAN DO THERE. AND THEN THE FACT THAT, YOU KNOW, THE, THE CRITERIA WE LOOK AT FOR, FOR A SPECIAL EXCEPTION IS THAT IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. WE DIDN'T RECEIVE ANY LETTERS OF OPPOSITION. THE ONLY, THE ONLY, UM, UM, I GUESS LETTERS WE RECEIVED WERE IN, IN SUPPORT. AND, YOU KNOW, AS AS MENTIONED EARLIER, IT, IT'S, MR. FINNEY SAID THAT, YOU KNOW, THIS OTHER PROPERTY OWNER THAT WOULD BE MOST AFFECTED BY IT HASN'T RESPONDED. AND IN THAT CASE, I WOULD TAKE THAT AS, HEY, THEY'RE, THEY'RE, THEY DON'T HAVE A PROBLEM WITH THIS. SO I'M INCLINED TO SUPPORT THIS MOTION. THANK YOU MS. HAYDEN. DISCUSSION ON THE MOTION. I'LL ECHO MS. HAYDEN'S COMMENTS. UM, I WAS NOT SOLD ON THIS. WHERE'D MS. HERMO TO GO THERE? SHE'S OKAY. I WAS NOT SOLD ON THIS 'CAUSE I DON'T LIKE CODIFYING GOING AROUND CITY RULES AND THE ILLEGAL FENCE. NUMBER TWO IS A GENERAL RULE. I'M VERY CAUTIOUS ABOUT EIGHT FOOT ANYTHING. UM, ON THE OTHER HAND, AS MS. HAYDEN SAID, OUR STANDARD HERE IS STRICTLY THE SPECIAL EXCEPTION, WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. THAT IS OUR STANDARD. IT'S NOT WHETHER YOU'VE FOLLOWED THE RULES IN THE FIRST PLACE OR NOT. IT, IT'S NOT WHETHER ONE LIKES IT OR NOT, OR WHETHER I THINK YOU'RE BUILDING TOO MUCH ONE PROPERTY. IT IS THE SPECIAL, EXCEPTIONAL, NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. I'M GONNA KEEP READING IT FOR YOU AND FOR THE PUBLIC BECAUSE THAT'S OUR STANDARD. UM, I'M PROBABLY GONNA GO AHEAD AND SUPPORT THIS BECAUSE I THINK THE PROPERTY OWNER HAS DONE A VERY GOOD JOB OF IMPROVING THEIR PROPERTY, AESTHETICALLY PLEASING, UM, AND THAT SORT OF THING. AND I, I, I CAN, I GUESS I CAN CLOSE MY EYES AND SAY, OKAY, THIS IS EIGHT FEET AND IT'S, UM, IT DOES IN MY OPINION, ENCROACH MORE OF THE PROPERTY. UM, BUT AS WAS STATED, WE DIDN'T HEAR FROM THE OTHER PROPERTY OWNER AND THE FENCE WAS BUILT WHEN 2014. SO WE'RE TALKING 10 YEARS. YOU'D THINK BY NOW IF THERE WAS A PROBLEM WITH THE, THE FENCE, YOU GOT 10 YEARS RUNNING ROOM TO GO TO CODE COMPLIANCE AND SAY, WHAT IS THIS DOING HERE? SO, UM, BUT THIS IS A CLASSIC EXAMPLE WHERE NO DECISION SETS THE PRECEDENT. SO I'M LOOKING AT THE FACTS PRESENTED HERE BASED ON THE FEEDBACK WE GOT FROM S SAR PROPERTY OR BASED ON THE, THE, THE, THE INFORMATION PROVIDED AND LACK OF OPPOSITION. UM, SO THAT'S KIND OF WHERE I'M GOING. I WOULD'VE, AT THE BEGINNING OF THIS, I WOULD'VE VOTED NO, BUT I THINK I'LL PROBABLY BE SUPPORT OTHER DISCUSSION ON THE MOTION. MOTION ON THE FLOOR BY MR. FINNEY SECOND AMENDMENT. MR. UH, SAUK AND BOA 2 5 0 0 0 0 3 8 IS TO GRANT THE, UH, EIGHT FOOT HIGH FENCE ALONG MADEIRA AVENUE IS A SPECIAL EXCEPTION. THE BOARD SECRETARY WILL CALL THE VOTE. MS. HAYDEN AYE. MR. OVITZ AYE. MR. FEENEY? AYE. MR. SAUK? AYE. MR. CHAIRMAN? AYE. MOTION TO GRANT PASSES 4 2 1 IN THE MATTER OF BOA UH, 2 5 0 0 0 0 3 8. THE BOARD GRANTED ON A FOUR TO ONE VOTE, THE REQUEST FOR AN EIGHT FOOT HIGH FENCE ALONG MADEIRA AVENUE IS A SPECIAL EXCEPTION. NEXT MOTION ON THE FLOOR. MR. FINN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 3 8 ON APPLICATION OF JENNIFER HARIMOTO. GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT OR MAINTAIN THE FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG MADERA AVENUE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE. 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BO 8 2 5 0 0 0 0 3 8. A MOTION BY MR. FINNEY HAS BEEN MADE TO GRANT THE SPECIAL EXCEPTION REQUEST FOR LESS THAN 50% OPEN FACE, OPEN SURFACE AREA, UH, ALONG MADEIRA AVENUE IS A SPECIAL EXCEPTION. IS THERE A SECOND? I'LL SECOND. SECONDED BY MR. SAHU DISCUSSION ON THE MOTION, MR. FINNEY? UM, I THINK MY PREVIOUS COMMENTS CERTAINLY JUSTIFY THIS MOTION, UH, JUST AS MUCH AS THE PREVIOUS MOTION. UM, I THINK A FEW THINGS I MAY HAVE LEFT OUT. YOU KNOW, IN ADDITION TO THOSE COMMENTS, THE RESTRICTIVE SHAPE OF THE SITE AND ALSO IT WAS, I THINK IT WAS REALLY INFORMATIVE TO SEE, [00:55:01] UM, HOW CLOSE THE NEXT DOOR NEIGHBOR IS TO THE STREET. I THINK IF IT WERE A TYPICAL 25 FOOT SETBACK, UM, I WOULD'VE, THAT WOULD'VE BEEN CAUSED FOR HESITATION. UM, AND ALSO, UH, TO ECHO, UH, THE CHAIRMAN'S COMMENTS EARLIER, IF THERE HAD BEEN ONE LETTER OF OPPOSITION, I THINK THAT WOULD'VE BEEN GREAT CAUSE FOR HESITATION. BUT GIVEN THAT THERE WAS NONE, NO, NO OPPOSITION, UM, AND GIVEN THE UNIQUE CHARACTER OF THIS, NOT JUST THIS PARTICULAR SITE, BUT THIS BLOCK, UH, I FEEL CONFIDENT IN, IN THIS MOTION. THANK YOU MR. FINNEY. MR. SAUK? UH, YEAH, AS WITH THE PREVIOUS MOTION, I FEEL THAT THIS DOES NOT AVERSELY AFFECT, UH, NEIGHBORING PROPERTY. AND I'LL BE SUPPORTING THE MOTION DISCUSSION ON THE MOTION. I'LL BE SUPPORTING IT, UM, OF THE MOTION. UM, AND I WOULD AGREE WITH YOU, MR. FINNEY. UH, IF THE LOCATION OF THE NEXT DOOR NEIGHBORS, UH, AGAIN, THAT REALLY HAS, THAT HAS AN IMPACT TO ME. IF IT WAS, WAS IT FARTHER SET BACK THAT THIS WHOLE PASSING ISSUE WOULD REALLY BE PARAMOUNT AND IN, IN PEOPLE'S FACE? SO THE PROPERTY HAS DONE A REASONABLY GOOD JOB OF, OF DOING THIS IN AN AESTHETIC WAY. AND OUR CONCERN, MY CONCERN ALWAYS IS ARE WE CREATING TUNNELS? ARE WE CREATING A TUNNEL DOWN MADERA BY VIRTUE OF HAVING A TALL AND SOLID FENCE? AND, AND THAT GOES TO A LITTLE BIT OF MS. HAYDEN'S COMMENTS AS IT RELATES TO WHAT'S THE LENGTH OF THAT PORTION, HOW FAR OVER IT DOES IT GO, HOW CLOSE IS IT TO THE HOUSE? UM, AND VERSUS THE ARE THE TIMED OR WHAT YOU CALL EM, PETER CYPRESS CYPRUS AND THAT SORT OF THING. SO ANYWAY, SO I'LL BE, I'LL BE SUPPORTING MOTION. OTHER DISCUSSION, MR. OVITZ? UM, THIS IS A, THIS IS A CASE THAT HAS A LOT OF CONFUSING ASPECTS TO IT. SO IF I REMEMBER CORRECTLY, MELROSE IS THE STREET WITH THE TREES. SO THIS IS, THIS IS NOT THE FENCE THAT'S SCREENING THE POOL. THIS IS NO, NO, THIS IS THE FENCE THAT'S SCREENING THE POOL. IT'S MADERA WITH THE TALL TREES. THE OTHER ONE IS MELROSE. WE'RE GONNA GET TO THAT IN A MINUTE. OKAY. SO THIS IS THE ONE THAT'S SCREENING THE POOL, CORRECT? POOL FOR THAT, FOR THAT REASON. I'LL BE SUPPORTIVE. OKAY. THIS IS 50. OH, THIS IS OPACITY ON MELROSE. ON MADERA, ON MADERA SCREENING THE BOARD. OKAY. DISCUSSION ON THE MOTION. HEARING NONE. THE BOARD SECRETARY WILL CALL TO VOTE. UH, THIS IS 2 5 0 0 0 0 3 8. MOTIONS MADE WAS MADE TO GRANT FOR, UH, SPECIAL EXCEPTION ON LESS THAN 50% OPEN SURFACE AREA MADERA AVENUE, MS. HAYDEN. AYE. MR. FEENEY? AYE. MR. HAITZ? AYE. MR. SAUK? AYE. MR. CHAIRMAN, AYE. MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER, BDA BO A 2 5 0 0 0 3 8. THE BOARD UNANIMOUSLY IN A FIVE ZERO VOTE. GRANT YOUR REQUEST FOR A SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SPACE, OPEN SERVICE AREA SPACE ALONG ON THE FENCE LINE ALONG MAD AVENUE. WE HAVE TWO REMAINING UH, REQUESTS. MR. FINNEY, ARE YOU GONNA DO THE MADERA ONE? DO NUMBER FOUR NOW FOUR. FOUR. THAT HAS TO DO THE LOCATION NOW. OH YES. YEP. ONE WAS THE HEIGHT AND THEN NUMBER ONE WAS HEIGHT. NUMBER TWO WAS OPACITY. NUMBER FOUR IS THE LOCATION. MM-HMM . OKAY. AND THEN WE COULD JUMP TO MELROSE. LET'S DO ALL MADERA. OKAY, THIS IS MOTION 4 0 4. OKAY. 4 0 4 ON THE TOP OF THE PAGE. YEAH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 0 0 3 8 ON APPLICATION OF JENNIFER HIROTO GRANT THE 17 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS LONG MADEIRA AVENUE REQUESTED BY THIS APPLICANT. 'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN NONE IN, IN UNNECESSARY HARDSHIP TO THIS APPLICANT. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BO 8 2 5 0 3 8. MR. FINNEY HAS MOVED TO GRANT THE REQUEST FOR A 17 FOOT VARIANCE ON THE FRONT YARD SETBACK ALONG MADERA AVENUE. IS THERE A SECOND? I'LL SECOND THE MOTION SECONDED BY MR. SA DISCUSSION ON THE MOTION. THIS IS TO THE LOCATION OF EVENT, NOT THE HEIGHT OF THE EVENT. RIGHT, MR. FINN? [01:00:01] YES. UM, YEAH, I THINK THE, THE, THE ISSUE OF THE LOCATION OF THE FENCE AND THE SETBACK WAS PRETTY CLEAR. UM, UH, AND I REALLY HAVE NO FURTHER COMMENTS MR. SAE. NO FURTHER COMMENTS. MS. HAY? SO FOR A VARIANCE, OUR CRITERIA ARE NOT, NOT CONTRARY TO PUBLIC INTEREST. AGAIN, FOR THE REASONS WE MENTIONED BEFORE. UM, AS, AS IN, YOU KNOW, ALONG WITH IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. I DO NOT FEEL THAT THIS IS CONTRARY TO PUBLIC INTEREST. UM, IT IS ALSO A LOT THAT IS A REAL IRREGULAR SHAPE AND SIZE FROM OTHER LOTS. UM, WHICH, YOU KNOW, BASICALLY HAS TWO FRONT YARDS. SO A 25 FOOT SETBACK IS EXCESSIVE FOR THAT SIDE YARD AND IT'S NOT A SELF-CREATED HARDSHIP BECAUSE THAT'S JUST HOW THE LOT IS SHAPED. DISCUSSION AND THE MOTION, I'LL BE SUPPORTING MOTION BECAUSE AS MS. HAYDEN VERY APPROPRIATELY READ, READ INTO THE RECORD. THOSE ARE OUR THREE CRITERIA FOR A VARIANCE. AND I THINK THEY'VE MET THOSE THREE CRITERIA. THIS ONE ISN'T MUCH ANGST, BELIEVE IT OR NOT IT'S THE OTHERS, BUT, OKAY. BOARD SECRETARY WILL CALL THE VOTE. THIS IS A BOA 2 5 0 0 0 0 3 8. A MOTION TO GRAM 17 FOOT VARIANCE ALONG MADERA, MRS. AYE, MR. OVITZ? AYE. MR. FINNEY? AYE. MS. HAYDEN? AYE. MR. CHAIRMAN? AYE. MOTION TO GRAHAM PASSES. FIVE ZERO. OKAY. IN THE MESH MATTER, BO A 2 5 0 0 0 0 3 8. THE MO THE BOARD UNANIMOUSLY ON A FIVE ZERO VOTE RAN INTO REQUEST FOR A 17 FOOT VARIANCE IN THE FRONT YARD. SETBACK ALONG MADEIRA ABB. LAST MOTION REGARDING, UH, THIS IS BO A 2 5 0 0 0 3 8 ALONG MELROSE. MR. FINN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 3 8 ON THE APPLICATION OF JENNIFER HIRI MOTO GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE ALONG MELROSE AVENUE IS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BO 8 2 5 0 0 0 3 8. A MOTION HAS BEEN MADE BY MR. FINNEY TO GRANT THE REQUEST, UH, FOR AN EIGHT FOOT SPECIAL EXCEPTION ALONG MEL ROSE AVENUE. IS THERE A SECOND? I'LL JUST MAKE A SECOND. SECOND BY MR. SAIK. DISCUSSION ON THE MOTION. MR. FINNEY? GUYS, THIS IS ON MELROSE NOW THIS IS THE INLET ON THE OPPOSITE SIDE OF THE PROPERTY. YES. SO, UM, I THINK JUST ECHOING MY PREVIOUS COMMENTS, I I THINK THE, THE GENERAL LOCATION OF THIS, UH, FENCE, UM, IS CLEARLY NOT, UH, AFFECTING ADVERSELY AFFECTING THE NEIGHBORING PROPERTY. UM, AND SO YEAH, I FEEL CONFIDENT IN THIS MOTION. MR. SAE? UH, YES. AND THIS WITH THE PREVIOUS MOTIONS, I DON'T THINK THAT, UH, ANY OF THE, THAT THIS ONE, UH, NEGATIVELY AFFECTS NEIGHBORING PROBLEM. ANY OTHER DISCUSSION ON THE MOTION? MR. KOVI? I WILL NOT BE SUPPORTING THIS MOTION. I'M NOT CONVINCED AT ALL THAT EIGHT FENCES ARE THE NORM IN THIS NEIGHBORHOOD, AND SO I THINK IT, UM, NOT BE IN ANY INTEREST OF THE NEIGHBORHOOD DISCUSSION ON THE MOTION. I'LL BE SUPPORTING THE MOTION. I THINK NUMBER ONE, THE NEIGHBOR DIRECTLY NEXT TO NEXT DOOR TO THIS IS WHO IS MOST DIRECTLY AFFECTED BY THIS IS ON RECORD OF BEING SUPPORT. UH, NUMBER TWO, IT'S CONSISTENT WITH THE RE THE REST OF THE LENGTH OF THAT, UH, PARTICULAR OFFENSE THAT NOW IS LEGITIMIZED. UM, I'M NOT A, I'M NOT A BIG FAN OF EIGHT FOOT FENCES. YOU'LL HEAR THAT LATER TODAY. I'M JUST NOT A BIG FAN. OF EIGHT FOOT FENCES. SO I AGREE WITH YOU, MR. OVITZ, THAT THAT DOESN'T SEEM TO BE CHARACTERISTIC OF THIS NEIGHBORHOOD, BUT IN THIS UNIQUE SITUATION, CONCURRENT WITH THE EXISTING AND THAT THERE, IT'S JUST AROUND THE BACK CORNER, NEAR THE GARAGE, UH, AND THE NEIGHBOR NEXT DOOR TO IS IN SUPPORT. SWAYS ME IN DISCUSSION OF THE MOTION. THE BOARD SECRETARY WILL CALL THE VOTE. THIS IS FOR EIGHT FOOT SPECIAL EXCEPTION 2 5 0 0 0 0 3 8 ALONG MELROSE AVENUE. MR. AYE, MR. SAUK AYE. MR. OVITZ NAY. MS. HAYDEN? [01:05:01] AYE. MR. CHAIRMAN, AYE. MOTION TO GRANT PASSES FOUR TO ONE BO 8 2 5 0 0 0 0 3 8. UH, THE BOARD ON A VOTE OF FOUR TO ONE GRANTS, THE REQUEST FOR AN EIGHT FOOT SPECIAL EXTENSION. SPECIAL EXCEPTION FOR THE HEIGHT ALONG MEL MELROSE AVENUE FOR THIS PROPERTY. YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR. THANK YOU VERY MUCH. NEXT ITEM ON THE AGENDA IS, UH, BO, A 2 5 0 0 0 0 4 4. THIS IS AT 1425 NORTH BUCKNER BOULEVARD, 1425 NORTH BUCKNER BOULEVARD. HE'S THE APPLICANT HERE. GOOD AFTERNOON, SIR. GOOD AFTERNOON. GET US ONE SECOND TO LOAD UP OUR PAPERWORK. IF SOMEONE COULD PULL UP MY PRESENTATION, I WOULD SURE APPRECIATE IT. OKAY. ONE SECOND. THE REQUEST IN FRONT OF US IS FOUR ITEMS, BOARD MEMBERS. UM, IT'S HERE. OKAY. YOU READY? YES, SIR. IF YOU GIVE US YOUR NAME AND ADDRESS AND OUR BOARD SECRETARY, WE'LL SWEAR YOU IN. GOOD AFTERNOON. MY NAME IS ROB BALDWIN. OFFICER 3 9 0 4 ELM STREET, SUITE D IN DALLAS. UH, WELL HOLD BEFORE YOU SWEAR IN HOLD THAT THOUGHT. I'M SORRY, MS. BOARD SECRETARY, CAN YOU TELL ME HOW MANY SPEAKERS ARE IN FAVOR AND HOW MANY SPEAKERS, UH, ARE AGAINST? SO I CAN CHARGE, UM, THE APPLICANT, WELL, THE OWNER, THE, UH, IS ONLINE AND THEN I, UM, WHICH IS IN SUPPORT. AND THEN I HAVE ONE, TWO, I HAVE FIVE IN OFFICE. OKAY. OH, ONLY ONE ONLINE THOUGH, RIGHT? EVERYONE ELSE IS HERE PRESENCE. CORRECT. OKAY. SO I'M GONNA SAY AGAIN, IF THERE'S ANYONE THAT WANTS TO SPEAK SPECIFIC TO A CASE, YOU WOULD NEED TO FILL OUT ONE OF THESE BLUE SHEETS. OTHERWISE YOU WILL NOT BE CALLED TO TESTIFY. OUR RULES OF PROCEDURE ARE THE APPLICANT GETS FIVE MINUTES TO PRESENT. ANYONE ELSE SPEAKING, UM, IN FAVOR GETS FIVE MINUTES, THEN ANYONE IN OPPOSITION GETS FIVE MINUTES EACH MAXIMUM. YOU DON'T HAVE TO TAKE IT, BUT YOU GET IT. THE, OUR RULES OF PROCEDURES SAY THAT THE APPLICANT THEN IS ALLOWED FIVE MINUTES REBUTTAL. SO I'LL BE GENEROUS WITH YOUR TIME, BUT NOT TOO GENEROUS. JUST DON'T BE REDUNDANT IS ALL I ASK. NOW, IF, IF ANYONE HERE THAT'S GONNA SPEAK, IF YOU PLEASE STAND AND RAISE YOUR RIGHT HAND BASED ON ANYONE THAT'S GONNA SPEAK ON THIS CASE, WHICH SHOULD BE A TOTAL OF SIX PEOPLE IN THE ROOM. DO I HAVE SIX PEOPLE? I DON'T SEE SIX PEOPLE YET. DO I SEE SIX? OH, HE OKAY. HE'S, HE'S GOT HIS HAND UP. YES. MR. BARON, IF NO, I CAN'T ANSWER A QUESTION, WE'RE IN THE MIDDLE OF HEARING. WELL, IF YOU CAN'T STAND, THAT'S OKAY, SIR. I, I, OKAY, HE'S UP. GOOD. ALRIGHT. I'M PARTICULAR, I DON'T LIKE CATS. MR. Q ONLINE, GO AHEAD. IF YOU CAN PLEASE PROVIDE VIDEO. ALRIGHT. SHE'S GONNA SWEAR EVERYONE IN ONE TIME. MR. JEFF BARON? YES, I'M PRESENT. HERE WE GO. UM, CAN YOU PLEASE PROVIDE VIDEO AS WELL? THERE HE IS. OKAY, THANK YOU. OKAY. DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. OKAY. YOU'RE SWORN IN NOW. ALL RIGHT. WE'LL GO TO YOU, MR. AGAIN, EVERYONE UNDERSTANDS IT'S FIVE MINUTE IN FAVOR. THOSE IN FAVOR? UH, I WON'T, I'LL BE GENEROUS ON TIME. IF THERE ARE QUESTION, WE WON'T INTERRUPT YOUR PRESENTATION, BUT AFTER YOUR PRESENTATION THEN YOU'LL HAVE QUESTIONS AND THEN WE'LL GO TO, UM, THOSE IN OPPOSITION THEN REBUTTAL. MR. BALDWIN. GOOD AFTERNOON. UH, THIS IS CASE CLOSER TO THE MICROPHONE, PLEASE. THIS IS CASE BOA 0 0 0 4 4 AT 1 4 2 5, AND 1 4 3 5 NORTH BUTNER. NEXT SLIDE PLEASE. IT'S A LARGE TRACT OF LAND, UH, ALONG THE WEST SIDE OF BUTNER, JUST SOUTH OF GARLAND ROAD. NEXT SLIDE. PLEASE HOLD ONE SECOND. BOARD MEMBERS, I'M PASSING ALONG TO YOU, UH, THE FEEDBACK THAT WE'VE GOT IN OUR YELLOW FOLDER FROM, UH, THOSE FOUR, AND I GUESS THIS IS 44. SO ONE SECOND. DON'T WORRY, MR. BALDWIN, YOU HAVE PLENTY OF TIME AND I'VE LOST MY, MY PRESENTATION. OKAY. YEAH, WE'LL, WE'LL BRING IT BACK. THERE WE GO. WHO'S DOING THE CLICKING FORM? HIM? MR. THOMPSON. OKAY. ALRIGHT. SO YOU CAN START AGAIN OR WHATEVER YOU'D LIKE. NO, WE'RE GOOD. OKAY. PROCEED. UH, NEXT SLIDE PLEASE. SO THIS IS, THE PROPERTY WAS TWO TRACTS OF LAND AT TWO HOUSES ON IT, SEVEN AND A HALF AC ACRES, GIVE OR TAKE. THERE'S BEEN A PRELIMINARY PLAT APPROVED FOR IT, FOR SHARED ACCESS DEVELOPMENT WITH 15 LOTS THAT EACH OF THOSE LOTS IS ABOUT [01:10:01] A HALF ACRE, UH, IN SIZE. SO THEY'RE VERY LARGE LOTS. IT'S AN R 10 DISTRICT, SO IT'S, YOU KNOW, TWICE THE SIZE OF WHAT'S REQUIRED IN THE CURRENT ZONING. UM, AT THE BRIEFING SESSION, THERE WAS, UH, SOME DISCUSSION ABOUT THE PLAT. AND SO AS PART OF THE PLATT, WE DO HAVE TO PROVIDE A BARRIER, UH, ACROSS THE PROPERTY ALONG, UH, BUTLER. AND I SPOKE WITH, UH, MR. NAVAREZ AFTER THE BRIEFING, AND HE AGREED WITH MY INTERPRETATION THAT WE ALSO HAVE TO DO IT ALONG THE SECTION OF PROMOSA UNTIL WE GET TO OUR DRIVEWAY. 'CAUSE THE, THE TEXT OF THE CITY CODE SAYS YOU HAVE TO PROVIDE A BARRIER ALONG, ALONG THE STREET, THE FRONT ON BOTH AN ARTERIAL AND A PUBLIC OR PRIVATE STREET. SO WE MEET THE CRITERIA ON BOTH OF THOSE. NEXT SLIDE, PLEASE. SO THESE ARE THE TWO PROPERTIES WHERE WE'RE, WE'RE, WE'RE IN THE, SO WE HAVE A PRELIMINARY PLAT APPROVED, AND AS PART OF GETTING OUR FINAL PLAT APPROVED, SO WE CAN ACTUALLY GET BUILDING PERMITS, WE HAVE TO PROVIDE THIS BARRIER. AND, UH, BARRIER HAS TO BE IN THE THREE FOOT EASEMENT AND A MINIMUM 24 INCHES TALL. WE'RE ASKING FOR AN EIGHT FOOT TALL, UH, MASONRY WALL THAT WOULD BE SET BACK APPROXIMATELY 13 FEET FROM THE EDGE OF CURB ALONG, UH, BUTLER BOULEVARD. NEXT SLIDE, PLEASE. UM, THESE ARE A SPECIAL EXCEPTION TO BOTH THE HEIGHT AND OPACITY. UH, NEXT SECTION PLEASE. WE'RE NOT ENCROACHING AN ANY VISIBILITY TRIANGLES. HERE'S A COPY OF THE PLAT THAT SHOWED THE, THE CUL-DE-SAC COMING IN IN OUR LOTS. UH, THE BACK UP TO, UH, BUTLER. SO THESE WOULD BE BACKYARDS THAT BACKUP UP TO BUCKNER. NOT, NOT THE FRONT IS THAT MR. VAR SAYS YOU CAN'T FRONT ON 'EM. SO THE PURPOSE OF THE BARRIER IS ALSO PROVIDE A BARRIER FOR PROTECTION, BUT ALSO TO ENCLOSE PEOPLE'S BACKYARDS LIKE THEY WOULD WITH THE PRIVACY PENS, UH, IN DALLAS, AS ARE USUALLY EIGHT FEET TALL. NEXT SLIDE, PLEASE. THIS IS THE CURRENT PHOTO OF THE SITE. YOU CAN SEE THAT THERE'S A FENCE THERE. THE SIDEWALK WILL BE MOVED IN. UH, WE WILL BE DEDICATING THREE AND A HALF FEET OF RIGHT OF WAY ALONG, UH, BUTNER. SO THERE'LL BE A PLANTING STRIP, FIVE FOOT SIDEWALK, UH, OUR TREES, WHICH I'M ABOUT TO SHOW YOU. UH, AND THEN THE BARRIER EASEMENT. THEN OUR WALL, OUR WALL WILL BE ABOUT 13 FEET OFF THE, THE EXISTING CURB. THE CURB STAYS IN THE SAME PLACE. NEXT SLIDE PLEASE. NEXT SLIDE PLEASE. GOES WITH THE WALL EIGHT FOOT TALL COLUMN, SEVEN FOOT SEVEN AND A HALF INCH, UH, PANELS. NEXT SLIDE PLEASE, WOULD BE MASONRY. THIS IS THE CROSS SECTION SHOWING BACK OF CURB SIDEWALK PROPERTY LINE THREE AND A HALF FOOT RIGHT AWAY, AND THEN THE, THE BARRIER EASEMENT. NEXT SLIDE, PLEASE. THIS IS WHAT IT'S GONNA LOOK LIKE AFTER IT'S DONE. WE'RE GONNA HAVE A, A ROW OF TREES, UH, ALL ALONG THE FRONTAGE. SO AFTER A FEW VIEWS ARE GROWING, IT'LL JUST LOOK LIKE A HEDGE, UH, WITH, WITH THE TREES AND THEN THE, THE MASONRY WALL BEHIND US. NEXT, I, I HATE TO INTERRUPT YOU. ARE, IS THIS, ARE YOU BINDING YOURSELF IN YOUR REQUEST FOR THIS TYPE OF LANDSCAPING? YES, SIR. NEXT SLIDE, PLEASE. UM, WE HAVE TO PROVIDE A BARRIER EASEMENT ALONG BUCKNER AND AROUND THE CORNER, UH, TO OUR DRIVEWAY REQUIRED TO BE TWO FEET TALL. WE'RE ASKING IF IT WOULD BE EIGHT FEET TALL, BECAUSE IT'S GONNA BE ENCLOSED IN THE BACKYARDS. IT CREATES PRIVACY AND PROTECTION FROM THE, UH, FROM THE THOROUGHFARE, UH, REDUCES NOISE, VIBRATIONS, ODORS, UH, PARTICULATE MATTER INTO OUR PROPERTY. IF YOU'VE BEEN ON THIS SECTION OF BUCKNER, WE'RE, UH, WE'RE ON KIND OF A CURB AND A LONG WAY BETWEEN THE, THE STOPLIGHT AND PEOPLE CAN GET MOVING PRETTY QUICKLY AT THE BRIEFING SESSION YOU'RE TALKING ABOUT. YOU KNOW, IT MAKES SENSE TO PUT IT BACK IF PEOPLE ARE GOING 50 MILES AN HOUR ON THE SECTION OF THE ROAD, WHICH, UH, IS NOT UNCOMMON. YOU'RE DOING ABOUT 60 FEET PER SECOND, UH, IN YOUR CAR. SO IF SOMEONE'S NOT PAYING ATTENTION IN ONE SECOND, YOU'VE GONE 60 FEET. AND THAT'S WHY THIS BARRIER IS VERY IMPORTANT BECAUSE, YOU KNOW, THE HOUSES ARE, ARE NOT, THAT ARE A SECOND AND A HALF AWAY FROM THE CURVE. NEXT SLIDE, PLEASE. UH, WE'RE ASKING FOR BE IN COMPLIANCE WITH THIS. WE'RE ASKING FOR THE TALLER, UM, THE, THE TALLER WALL OF A BARRIER. NEXT SLIDE, PLEASE. SO HERE'S EXAMPLES OF WHAT'S GOING ON IN LOOP 12 RIGHT NOW. A LOT OF PEOPLE HAVE OVERGROWN HEDGES, SOME PEOPLE HAVE FENCES THAT, AS YOU CAN SEE DOWN IN THE MIDDLE, THAT FENCES DON'T ALWAYS STOP VEHICLES VERY WELL. UH, WE [01:15:01] ARE PROPOSING TO PAIR SOMETHING THAT THAT DOES. UH, NEXT SLIDE, PLEASE. UH, JOE, UNLESS THERE'S PROPERTIES THAT FRONTING ON BUTNER THE BATHER SIDE OR, OR BACK TO IT. AND AS MR. NAVARRA SAID, THE BRIEFING SESSION, WE'RE NOT ALLOWED TO FRONT ON THE BUCKNER ANYMORE. SO IT'S NOT UNCOMMON TO FIND EIGHT FOOT FENCES ALONG NORTH BUTNER. THE HOUSES AREN'T FRONTING ON NORTH BUTNER. THEY HAVE A FENCE OR THEY HAVE LANDSCAPING AND NANO FENCE. UH, WE ARE, WE ARE PROPOSING BOTH. WE THINK IT'S A, A GOOD, UH, NOT ONLY DOES IT BUFFER OUR PROPERTY, IT ALSO BUFFERS OUR PROPERTY AS NEIGHBORS TO THE OTHER SIDE OF IT. IF YOU SAW THAT THERE'S MIXED REACTIONS TO THIS FENCE. UH, WE DO HAVE SUPPORT, WE DO HAVE OPPOSITION. UM, YOU KNOW THAT THAT'S THE WAY IT IS WITH FENCE CASES OFTEN. BUT WE THINK THIS IS A REASONABLE REQUEST. AND IF YOU LOOK AT, UH, LOOP 12 HAS BEEN LABELED AS ONE OF THE DEADLIEST ROADWAYS IN DALLAS WITH 21 FATAL CRASHES, UH, IN 2024. UM, THESE CARS THAT ARE COULD CRASH, WE'RE TRYING TO KEEP 'EM OUT OF OUR, OUR RESIDENT BACKYARDS AND THAT WE THINK THE BARRIER IS A GOOD WAY TO DO IT NEXT TIME. NEXT SLIDE PLEASE. UH, THERE'S OVER 37,000 VEHICLES A DAY GOING ACROSS THIS SECTION OF BUTNER BOULEVARD. UH, THE HIGH TRAFFIC VOLUME AND HIGH SPEEDS COMBINED THAT WHAT WE'RE ASKING FOR IS NOT UNREASONABLE. YOU KNOW, WE'RE REQUIRED TO PROVIDE A BARRIER. WE MIGHT AS WELL BE A BARRIER THAT ALSO, UH, PROVIDES PRIVACY, REDUCES VIBRATION, NOISE, PARTICULATE MATTER, UM, AND TEXTILE HAS FOR 700 ACCIDENTS WITHIN 1.3 MILE SECTION SURROUNDING PROPERTY IN . NEXT SLIDE, PLEASE. AND THIS JUST MAP SHOWS, UH, WHERE THOSE, THOSE ACCIDENTS IN, IN THIS SECTION COME FROM. NEXT SLIDE, PLEASE. UM, WHAT WE'RE PROPOSING IS ACTUALLY SHORTER THAN A LOT OF THE WALLS THAT BELONG THERE. YOU SAW THOSE PHOTOS, AGAIN, PEOPLE BACK UP TO IT. THEY HAVE LARGE WALLS, THEY HAVE FENCES, THEY HAVE LANDSCAPING. UM, AND THE, THE, THE TALLER WALLS, THE HELP WITH NOISE, VIBRATION, AND PROTECTION FROM LIGHTS, VIBRATION, ARTICULATE MATTER. NEXT SLIDE PLEASE. AND THESE ARE SAMPLES OF SOME OF THE WALLS THAT YOU FIND RIGHT IN THE EMITY. NEXT SLIDE, PLEASE. UH, THIS WILL BE A DETERRENT TO TRESPASSING, VANDALS AND CRYING. UH, YOU'LL COMPLIMENT THE NEIGHBORS WITH THE QUALITY OF THE CONSTRUCTION ALONG WITH THE, THE PAUL TREES. THEY WILL SCREEN IT, UH, FROM . UM, NEXT SLIDE. I THINK THAT WAS OUR LAST ONE. OKAY. UM, WE HOPE YOU CAN SUPPORT THIS. UM, YOU KNOW, WE, WE'D LIKE THAT. WE DO HAVE SOME SUPPORT FROM OUR IMMEDIATE NEIGHBORS. WE HAVE, IT'S BEEN A MIXED BAG. MY CLIENT'S DONE A GOOD JOB DOING NEIGHBORHOOD MEETINGS, MEETING WITH ANYBODY WHO WILL SPEAK WITH HIM. HE'S NOT BE ABLE TO CONVINCE ANYBODY TO SUPPORT THIS, BUT I THINK HE'S DONE A GOOD JOB IN, UH, REACHING OUT TO PEOPLE AND GETTING A LOT OF SUPPORT FOR THIS. UH, THERE, UH, ON TOP OCTOBER 9TH, THEY HAD A NEIGHBORHOOD OUTREACH MEETING. EVERYBODY WAS INVITED AND THEY, UM, YOU KNOW, GUARDS WERE ABLE TO SWITCH YOU BOAT TO GET SOME SUPPORT FOR WHAT WOULD THEY DO ESPECIALLY LONGER. RED DON THOUGH. UM, AND THESE ARE JUST, UH, CLIPS OF ACCIDENTS THAT OCCURRED LEADS MEDIA MISLEADING LAST YEAR. I HOPE YOU CAN SUPPORT THIS QUICK. WE THINK IT'S REASONABLE. UH, WE THINK IT, UH, IT'S NOT ONLY REASONABLE BUT WARRANTED IN THIS SITUATION, BEING ON A MAJOR STATE HIGHWAY WITH OVER 37,000 FOOTS PER DAY. UH, I'M HERE ANSWERING QUESTIONS AND I HAVE THANK YOU VERY MUCH. THANK YOU MR. BALDWIN. UM, WHAT WE'RE GONNA DO IS, WELL, I'LL, I'LL GO AHEAD AND DO ALLOW QUESTIONS FOR, FOR YOU. YOU WANNA HEAR FROM MY CLIENT? YEAH, WE'LL DO THAT. LET'S DO, WE'LL, LET'S HEAR FROM THE OTHER. YOU MAY JUST BE, WANNA HEAR FOR QUESTIONS AND THEN WE'LL GO TO QUESTIONS FOR THEIR, AND THEN WE'LL GO OPPOSITION. OKAY. MS. BOARD SECRETARY. MR. BARON? YES, I'M HERE. ALRIGHT. YOU HAVE FIVE MINUTES. THANK YOU. AND THANK YOU BOARD FOR, UM, YOUR SERVICE TO DALLAS AND, AND HEARING THIS CASE TODAY. FIRST, I, I JUST WANT YOU TO ALL TRY TO PUT YOURSELF IN THE POSITION. WE HAVE 15 HOMES, NINE TO 10, UH, 10 OF THESE BACK UP TO HERMOSA OR BUCKNER. YOU'RE COMING OUT AND YOU'RE LOOKING TO BUY ONE OF THESE HOMES. AND YOU'RE ASKING ME QUESTIONS. THE, THE FIRST QUESTION THAT EVERYBODY ASKS IS, WHAT ARE [01:20:01] YOU GOING TO DO WITH BUTNER? WE HAVE, LIKE, WE SHOWED 30,000 CARS THAT PASSES EACH DAY. AND SO, SO WE HAVE A PROBLEM, RIGHT? WE HAVE SOMETHING WHERE WE HAVE HIGH SPEED VEHICLES ADJOINING A WONDERFUL PROPERTY IN A FANTASTIC NEIGHBORHOOD, BUT IT IS NOISY, IT IS BRIGHT, IT IS UNSAFE. AND SO THAT IS THE FIRST QUESTION THESE BUYERS ASK US. AND SO, WHILE I KNOW, AND I'VE HEARD, UM, THROUGH THE BRIEFING AND EARLIER MEETINGS THAT EIGHT FOOT IS A, A HESITANCY TO THE PANEL. I THINK THAT WHEN YOU LOOK AT ONE, WE ARE REPLACING THE ENTIRE SET SIDEWALK ALONG OUR PROPERTY, INCREASING THE WIDTH OF FIVE FEET TO HELP PEDESTRIAN TRAFFIC. THAT'S A PRIVATE INVESTMENT TO HELP THE PUBLIC. UM, IN THIS THOROUGHFARE, TWO, WE'RE DEDICATING THREE FEET OF OUR PROPERTY TO INCREASE THE RIGHT OF WAY SIZE TO INCREASE SAFETY. THREE, WE'RE THEN PUTTING THIS WALL IN A NEW BARRIER, AS YOU'VE HEARD, THAT IS REQUIRED IF YOU DO A QUICK GOOGLE SEARCH. TWO FEET IS WHAT, UM, WAS REQUESTED. HOWEVER, IF YOU LOOK, THERE'S NO TWO FOOT BARRIERS THAT TXDOT INSTALLS. MOST OF THOSE BARRIERS ARE BETWEEN THREE AND FOUR FEET TALL TO ACTUALLY PROVIDE ANY SAFETY. THE NEXT THING IS WE TOOK A TREMENDOUS, UH, OR WE TOOK TREMENDOUS PRIDE IN REACHING OUT TO NEIGHBORS. THE PEOPLE YOU'RE GONNA HEAR FOR TO FROM TODAY IN OPPOSITION WE'RE THERE AND WE'RE ABLE TO PROVIDE FEEDBACK. SOME OF THOSE PEOPLE ARE JUST OPPOSED TO THE DEVELOPMENT ENTIRELY. SO ANYTHING THAT WE ASK FOR, UM, IS PROBABLY GOING TO BE NOT SOMETHING THAT THEY WANT. BUT WE SAT WITH THEM, WE HAD CONVERSATIONS, WE LISTENED TO THEM. WE ALSO REACHED OUT TO NUMEROUS PEOPLE WHO ARE NOT ABLE TO BE HERE, WHO ARE GONNA GREATLY BENEFIT FROM THIS WALL. AND IF YOU READ THROUGH SOME OF THE SUPPORT LETTERS, YOU'RE GOING TO HEAR OVER AND OVER HOW MANY PEOPLE TOOK TIME TO WRITE YOU TO SAY HOW SUPPORTIVE THEY'RE, UM, ONE OF THE MAIN THINGS THAT PEOPLE WERE CONCERNED WITH IS, WHAT'S THIS WALL GONNA LOOK LIKE? AND SO, UM, I HEARD THE QUESTION ASKED, AND YES, WE ARE GOING TO PLANT AND PROVIDE A CONTINUOUS HEDGE OF HOLLY'S ALONG THE ENTIRE WALL. WHY? ONE, WE AGREE THAT, YOU KNOW, WE WANT A GREEN SCREEN. WE THINK THAT'S CONSISTENT. WHEN YOU SAW IN THE BRIEFING EARLIER TODAY AND YOU PANNED ACROSS THE STREET ON HERMOSA, YOU SAW THAT ACROSS THE STREET, 1214 FOOT TALL HEDGE OF GREEN SCREEN. AND THERE WAS A SOLID FENCE BEHIND THAT HOUSE ON BOTH BUTNER AND HERMOSA. UM, WHY? BECAUSE THEY WERE SOLVING THE SAME PROBLEM THAT WE'RE TRYING TO SOLVE TODAY OF HAVING A UNIQUE ISSUE OF FACING BUCKNER. SO THAT GREEN SCREEN IS SO IMPORTANT, AND WITHIN TWO TO THREE YEARS, OUR WALL HEIGHT IS NOT GOING TO BE VISIBLE WHATSOEVER TO THE OUTSIDE PROPERTY. SO THAT WALL, WHEN YOU'RE SITTING INSIDE AND YOU'RE SITTING IN YOUR SWIMMING POOL IN THE BACKYARD, THAT WALL'S GONNA PROVIDE PRIVACY AND SECURITY FROM, YOU KNOW, WE HAVE LOTS OF HOMELESSNESS GOING DOWN BUCKNER. WE'VE REMOVED SHOPPING CARTS FROM OUR FRONT YARD. UM, WE FEEL LIKE THAT FIN HEIGHT IS A HEIGHT THAT PEOPLE CANNOT JUMP, JUMP AND PROVIDE SAFETY TO. THE NEW HOMEOWNERS ARE, ARE GOING TO BE THERE AND KEEP THEM FROM HAVING TO FACE SOME OF THE HORRIBLE INSTANCES THAT HAVE REALLY BEEN REPEATING THEMSELVES THROUGHOUT THE CITY OF DALLAS RECENTLY, WHERE CARS ARE COMING INTO HOMES. SO, UM, I'M HERE TO ANSWER ANY SPECIFIC QUESTIONS. UM, WE FEEL LIKE THIS DOES NOT ADVERSELY AFFECT ANY ADJACENT PROPERTY OWNERS AND IS A PART OF THE PROCESS OF LIKE, UH, WE'RE TOLD WE, WE ARE NOT ALLOWED TO FACE BUCKNER ANYMORE. SO THIS IS PEOPLE'S BACKYARDS IN A TWO FOOT FENCE, A FOUR FOOT FENCE, A SIX FOOT FENCE WITH 30,000 CARS. WE JUST DON'T FEEL LIKE IS PRACTICAL. AND TYING THAT IN AND MAKING IT CONSISTENT ALONG IS CRITICAL TO THE OVERALL APPEARANCE OF, UM, WHAT WE'RE TRYING TO CREATE AND REALLY ENHANCING THE NEIGHBORHOOD. AND I'M HERE FOR QUESTIONS AS WELL, IF YOU HAVE ANY. THANK YOU. THANK YOU VERY MUCH. PASS THE YELLOW FOLDER BACK GUYS, IF YOU'RE DONE WITH IT. IF YOU HAVEN'T FINISHED LOOKING AT IT. I, ONE OF, OKAY. THANK YOU SIR. AND WHAT WAS YOUR NAME AGAIN, SIR? YES, MY NAME IS JEFF BARON AND I'M A PART OF THE OWNERSHIP TEAM, UM, THAT'S DEVELOPED . MR. BARON, HOW DO YOU SPELL YOUR NAME? B AS IN BAKER, A RON. OKAY, VERY GOOD. THANK YOU, BARON. OKAY, VERY GOOD. ALRIGHT, UM, I DON'T KNOW, I'LL ADDRESS TO YOU MR. UM, BALDWIN BEFORE I GO TO HIM. ALRIGHT. FIRST OF ALL, OUR, OUR CRITERIA IS SPECIAL. THE SPECIAL EXCEPTIONAL, NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. THAT'S OUR CRITERIA. YES, SIR. SO I'M GONNA TRY TO STAY VERY FOCUSED ON WHAT THAT CRITERIA SAYS. UM, IS THERE AN ISSUE REGARDING DEED RESTRICTIONS? I'M SEEING THAT AS I READ PETITIONS AND EMAILS AND THAT SORT OF THING. SO, SO VERY BRIEFLY, TELL ME ABOUT WHAT, HOW WE [01:25:01] SHOULD BE OR NOT BE CONCERNED ABOUT THE DEED RESTRICTIONS. THERE ARE DEED RESTRICTIONS. THEY'RE NOT CITY SPONSOR DEED RESTRICTIONS, MEANING THEY WEREN'T, THEY WERE PUT ON WITH THE ZONING CASE. UM, I, THE, UH, YOUR, UH, COUNSEL ADVISE YOU ON THAT. I DON'T KNOW ABOUT THOSE DEED RESTRICTIONS OR WHETHER THERE'RE STILL IN PLACE. I THINK THERE IS, UH, SOME DISCUSSIONS WITH THAT. MR. BARRON CAN PROBABLY SPEAK MORE TO THAT. BUT FROM A ZONING STANDPOINT AND WHAT WE'RE ASKING FOR NOW, THE DE RESTRICT, THERE ARE NO CITY SPONSORED DE RESTRICTIONS AFFECT THE LAND USE OF THE PROPERTY. OKAY. IS THAT CORRECT? THIS BOARD ATTORNEY, IF IT'S NOT SPONSORED WITH THE CITY, IT'S NOT A CITY ENFORCEMENT ISSUE. CORRECT. THE CITY'S NOT A PARTY TO THAT. CORRECT. IF THE CITY IS NOT A PARTY, THEN NO, THE CITY WOULD NOT BE ENFORCING THOSE DUE RESTRICTIONS. OKAY. ALRIGHT. BECAUSE IT CLEARLY SAYS IN HERE THERE'S A LAWSUIT PENDING AND HAVING TO WITH DEED RESTRICTIONS. SO I'M JUST READING HERE JUST TO DRIVE. ALRIGHT. HMM. MR. THOMPSON, DID YOU DETERMINE WHETHER UH, THE PLAT WAS FINAL OR WAS IT PRELIMINARY? ALRIGHT. SO WHAT'S THE DIFFERENCE BETWEEN A PRELIMINARY PLAT APPROVAL AND A FINAL APPROVAL? YEAH, PLEASE. I SHOULD HAVE ASKED THAT OF OUR BOARD ADMINISTRATOR. SO MS. BOARD ADMINISTRATOR, CAN YOU, CAN YOU SPEAK TO THE ISSUE OF, UH, PRELIMINARY VERSUS FINAL PLAT APPROVAL AND WHAT'S THE DIFFERENCE? MR. THOMPSON? THERE YOU GO. THAT'S THE PROCEDURE I WANT. I WANT QUESTIONS FOR STAFF TO GO THROUGH OUR STAFF BOSS. OKAY, MR. THOMPSON. UH, SO THE PRELIMINARY PLAT TYPICALLY IS AWAITING FOR FINAL SIGNATURES. IT COULD BE FROM ENGINEERING, UM, IT COULD BE FROM, UH, VARIOUS GROUPS, TRAFFIC OR WHATNOT. UH, A FINAL PLAT MEANS EVERYONE HAS SIGNED OFF ON IT. HEY, BUT WHAT HAPPENS BETWEEN THOSE TWO? IS IT ONCE A PRELIMINARY? THAT MEANS THE POLICY DECISION'S BEEN MADE? YEAH, IT'S GONE BEFORE COUNCIL. NO, NOT A COUNCIL. IT'S GONE. PLANNING. CC, SORRY. C, C, C. YES. OKAY. IT'S GONE BEFORE CPC AND THEY'VE ALREADY HAD THEIR PUBLIC HEARING. YES. AND PEOPLE HAVE COME OUT AT THAT POINT IN TIME AND SPOKE FOR OR AGAINST AS WELL. CORRECT. AND THEN MADE A DECISION. SO THAT'S ALREADY PAST THAT STAGE? YES. OKAY. SO, ALRIGHT. THEY'RE KIND. YES. YOU'RE 18 TO SAY SOMETHING, MR. BALDWIN, I HAVE MORE QUESTIONS. THE PRELIMINARY PLAT IN DALLAS GETS APPROVED BY THE PLANT COMMISSION WITH CONDITIONS AND IT'S USUALLY A COUPLE PAGES OF CONDITIONS AND THESE CAN BE GET WATER AND SEWER PLAN APPROVED. SINCE WE'RE A PLAN DEVELOP, I MEAN SHARED ACCESS, WE HAVE TO PROVIDE WATER AND SEWER PLANS, GET THOSE APPROVED, CONSTRUCTED AND ACCEPTED BY THE CITY. BEFORE WE CAN RECORD A PLAT, WE HAVE TO GET PAVING AND DRAINAGE PLANS APPROVED, CONSTRUCTED, AND ACCEPTED BY THE CITY BEFORE WE CAN GET A FINAL PLAT RECORDED. SO IT HAS BEEN APPROVED SUBJECT TO THOSE CONDITIONS AND ONE OF THE CONDITIONS IS TO PROVIDE A BARRIER. BUT WE HEARD THIS MORNING THE BRIEFING, THE BARRIER IS TWO FEET. THAT'S THE CITY RE THAT'S THE MINIMUM REQUIREMENT. YES. YEAH. BUT THAT PLANNING COMMISSION DIDN'T REQUIRE MORE THAN TWO FEET, DID THEY? NO, IT, IT REQUIRED, UH, TWO FEET. IT REQUIRED A BARRIER. YES. TWO FEET. IT DIDN'T SAY TWO FEET, IT SAID REQUIRED A BARRIER. WELL, BUT WE HEARD THIS MORNING. OKAY, LET'S NOT GET INTO THIS. OKAY. WHAT WE HEARD THIS MORNING IS THAT THE MINIMUM REQUIRED IS TWO FEET. YES SIR. THAT THE APPLICANT IS ASKING FOR EIGHT FEET. THAT'S CORRECT. ALRIGHT. LANDSCAPING. SO THE LANDSCAPING THAT YOU HAD ON YOUR, THIS GREAT PICTURESQUE THING HERE, UM, IS THAT ON YOUR PROPERTY OR ON THE RIGHT OF WAY? I MEAN, YOUR PROPERTY OR THE, THE, IT'LL BE ON OUR PROPERTY. THE STATES, WE CANNOT PLANT IN THE STATE RIGHT AWAY. OKAY. SO IT'S ON YOUR PROPERTY. YES, SIR. SO I THINK A LOT OF THE CONCERN THAT I'VE READ, AT LEAST HERE, AND WE HAVEN'T HEARD FROM THE OPPOSITION, WE WILL MOMENT MATERIALLY GOES TO A DAUNTING WALL THAT, UH, MAY GENERATE C KAFI GRAFFITI AND IS UNSIGHTLY. SO THE GRAPHIC YOU GAVE US WAS FLUSH AND LUSH AND GREEN. HOW IS IT THAT, THAT, THAT PLANTING IS, DO WE KNOW THAT PLANTING IS GONNA BE MAINTAINED? YES. WELL, NO. HOW DO WE KNOW IT'S GONNA BE MAINTAINED? 'CAUSE YOU'RE, HOPEFULLY YOU'LL SUPPORT THIS AND PUT THAT IN YOUR CONDITION THAT THE LANDSCAPING AS SHOWN ON THIS PLAN WOULD, WOULD HAVE TO BE, UH, INCLUDED. AND THE, THE CITY WE HAVE TO MEET ARTICLE 10 WHERE THE CITY LANDSCAPING REQUIREMENT THAT HAS TO BE IRRIGATED. BUT THIS SEEMS MORE THAN ARTICLE 10, RIGHT? THIS IS, THE SPACING OF THIS IS MORE INTENSE THAN ARTICLE 10, RIGHT? IT IS. OKAY. SO, UH, THAT'S WHERE I WAS LEADING YOU FOR A COMMITMENT TO THAT. UM, WHAT ABOUT THE ISSUE OF NOISE? WELL, AGAIN, IN WHAT I'VE READ, THERE'S CONCERN ABOUT NEIGHBORING PROPERTY OWNERS, BUT NOISE, WELL, VEHICLES CREATE NOISE. UH, WE ARE AT A LIGHT AT MIMOSA, AND WHEN PEOPLE ACCELERATE AND WHEN DECELERATE, YOU GET A LOT MORE NOISE. AND IF PEOPLE WERE JUST, UH, GOING ABOUT THE BUSINESS, BUT, UM, CARS [01:30:01] AND TRUCKS JUST BEING THE STATE HIGHWAY, YOU GET TRUCKS ON HERE AS WELL. UH, THEY WILL CREATE NOISE, THEY'LL CREATE VIBRATION AND, YOU KNOW, HEADLIGHTS. SO NOISE. YOU KNOW, I, I LIVE NO, DON'T TESTIFY. I GONNA SAY I I LIVE ABOUT A HALF A MILE FROM CENTRAL EXPRESSWAY AND CAN STILL HEAR IT. OKAY. SO, YOU KNOW, NOISE FROM ROADS IS A REAL THING. I HEAR YOU. OKAY. I'M JUST, I, I'M GOING THROUGH OUR CRITERIA WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT, MS. HAYDEN? SO, AT THE BEGINNING OF YOUR PRESENTATION, YOU MENTIONED THAT THE, THE, THE WALL NEEDS TO GO ON BOTH, UM, BUCKNER AND ON HERMOSA. BUT WHEN I READ THE REGULATION, THIS IS ARTICLE EIGHT PLAT REGULATIONS, IT'S SECTION 51, A DASH 8.618 TRAFFIC BARRIERS. IT SAYS, YOU KNOW, ANY SINGLE FAMILY THAT FRONTS ON BOTH AN ARTERIAL BUCKNER AND A PUBLIC OR PRIVATE STREET HERMOSA OR ALLEY TRAFFIC BARRIERS MUST BE CONSTRUCTED THAT SEPARATE THE PROPERTY FROM THE ARTERIAL. IT DOESN'T SAY ANYTHING ABOUT A TRAFFIC BARRIER SEPARATING THE PROPERTY FROM THE PRIVATE OR PUBLIC STREET. IT JUST SAYS FROM THE ARTERIAL. THAT'S RIGHT. AND HERMOSA IS NOT A ARTERIAL, BUCKNER'S AN ARTERIAL, I MEAN, BUCKNER'S HIGHWAY. THAT THAT'S RIGHT. SO WHEN I SPOKE WITH DAVID ABOUT IT, HE AGREED WITH MY INTERPRETATION, BUT HE DID IT, UH, ON THE FLY. SO I THINK IF HE IS RE UH, EXAMINED IT, HE MAY HAVE A DIFFERENT OPINION. BUT WHEN I DID SPEAK WITH HIM, IF WE ARE ON A CORNER LOT AND WE HAVE FURNITURE ON BOTH THE ARTERIAL AND THE, UH, THE THE PRO PUBLIC STREET, UM, I INTERPRETED THE MEANING THAT WE WERE REQUIRED TO DO IT. OKAY. YEAH, I'M, I'M JUST READING THIS. IT SAYS SEPARATE THE PROPERTY FROM THE ARTERIAL DOESN'T SAY ANYTHING ABOUT SEPARATING THE PROPERTY FROM ANY OTHER STREET. AND I COULD, I COULD, I THINK MR. NAVARRO PROBABLY NEEDS TO CHIME IN ON THAT. OKAY. I DON'T KNOW IF HE'S ONLINE. I DON'T SEE HIM ONLINE. I DON'T EITHER. OKAY. WELL, SOMETHING WE NEED AN ANSWER ON . I I APPRECIATE THAT. SO THAT'S A PENDING QUESTION. WHAT ARE THE QUESTIONS FOR THE APPLICANT RIGHT NOW? AFTER THAT WE'RE GONNA GO TO OTHER SPEAKERS IN OPPOSITION, MR. FINNEY. UM, YES. SO, UM, ONE SECOND. SO MR. UM, UH, BALDWIN. RIGHT. UM, YOU MENTIONED IN YOUR PRESENTATION, UH, UH, A COMMENT WHERE YOU, WHERE YOU SAID DALLAS USUALLY HAS EIGHT FOOT TALL FENCES ALONG CERTAIN CONDITIONS. COULD YOU EXPAND ON THAT? SURE. WHAT YOU MEANT BY THE TERM. USUALLY. WELL, MOST PRIVACY FENCES IN DALLAS ARE SIX AND NINE FEET TALL. YOU CAN, YOU CAN DO A NINE FOOT TALL SOLID FENCE IN DALLAS ON YOUR SIDE AND REAR PROPERTY BY RIGHT. UM, SO IF YOU GO UP AND DOWN ARTERIAL IN THIS CASE, UH, ALL ALONG, UH, NORTHWEST HIGHWAY, UH, BUCKNER AT THIS POINT, UM, THE PEOPLE THAT DO NOT FRONT ONTO BUCKNER TEND TO HAVE PRIVACY FENCES BEEN SIX TO NINE FEET TALL ALONG THROUGH STREET FRONTAGE. IF YOU LOOK ACROSS THE STREET FROM US, THEY ALSO HAVE, UH, A, A BARRIER AS WELL, OR A, A FENCE BEHIND LANDSCAPING. OKAY. AND THEN I THINK YOU ALSO SHOWED PHOTOS OF EXAMPLES. UH, WERE THOSE ALL FROM BUCKNER OR, UH, THE 12? THEY WERE ALL IN THE IMMEDIATE FACILITY, YES, SIR. OKAY. OKAY. AND THEN, UM, I'M CURIOUS ABOUT HOW YOUR CLIENT, AND MAYBE THIS IS, UH, A QUESTION FOR, UH, FOR YOUR CLIENT. UH, HOW HAS, HOW HAS HE ENGAGED WITH THE OPPOSITION AND HOW MANY, HOW MANY OF THE OPPOSITION HAS HE ENGAGED WITH? 'CAUSE THERE'S QUITE A FEW THAT ARE OPPOSED. SO I'M, I'M JUST CURIOUS TO WHAT DEGREE HE IS, HE'S, UH, ATTEMPTED TO REACH SOME SORT OF COMPROMISE OR, UH, AT LEAST KIND OF EX CLARIFY WHAT THE INTENTION IS AND WHAT THE MOTIVES ARE. JEFF, CAN YOU RE RESPOND TO THAT PLEASE? SURE. SO, UM, SINCE WE DID OUR ORIGINAL PLAT, WE HAD REACHED OUT TO THE, THERE IS A NEIGHBORHOOD ORGANIZATION AND THE PRESIDENT KRISTEN BOOTH AND, UM, THE VICE PRESIDENT, UM, DALTON, UM, HAVE KIND OF BEEN OUR POINT CONTACT TO SET UP NEIGHBORHOOD MEETINGS. SO WE'VE HAD SEVERAL MEETINGS WHERE WE LET THEM PICK WHO THEY WANTED THEIR REPRESENTATIVES TO BE. IN THIS PARTICULAR CASE, WE PERSONALLY CALLED, UM, EVERY SINGLE PERSON WHO WAS ADJOINING THE PROPERTY TO PROVIDE INFORMATION. AND THEN, UM, ONE OF THE NEIGHBORS WAS NICE ENOUGH TO SET UP A MEETING ON, UH, I BELIEVE IT WAS THURSDAY, OCTOBER 9TH, WHERE WE INVITED EVERYBODY. AND ANYBODY IN THAT MEETING WAS ALSO ANNOUNCED THROUGH THE NEIGHBORHOOD ORGANIZATION. UM, FOR ANYBODY WHO HAD [01:35:01] ANY QUESTIONS THROUGH THAT IS WHERE, UM, WE WERE ABLE TO EXPLAIN KIND OF THE LANDSCAPING. UM, AND TO THE QUESTION EARLIER, WE, WE HAVE AN HOA ESTABLISHED THAT TO MAINTAIN THAT. AND SO SOME OF THOSE, UM, ISSUES WERE PROGRESS THAT WE CHANGED THE DESIGN, THE VARIANT HEIGHTS OF THE WALL TO BREAK IT UP AND NOT BE ONE FLAT SURFACE. SO THERE ARE SEVERAL THINGS THAT CAME OF THOSE MEETINGS THAT WE INCORPORATED INTO THE DESIGN. THE OPPOSITION WAS MAINLY AGAINST ANY STRUCTURE WHATSOEVER. AND SO, UM, THERE WASN'T, YOU KNOW, AS WE TALKED THROUGH WITH PEOPLE WHO WERE ADAMANTLY OPPOSED, IT WAS, LIKE I MENTIONED IN MY EARLIER STATEMENT, OPPOSED TO THE PROJECT IN GENERAL IN ANY CHANGE. UM, IT WASN'T ONE SPECIFIC SPECIFIC THING. SO THERE WAS NO COMPROMISE THAT THEY WERE WILLING TO AGREE TO. WE ASKED FOR FEEDBACK AND THE, THE SHRUBS WERE, UH, I I WANT TO SAY THAT WAS THE BIGGEST CONCERN, GRAFFITI, UM, NOISE. AND SO WHEN PEOPLE LEARNED THAT WE WERE PLANNING IN AN EARNEST GOING TO PLANT THAT HEDGE, THAT'S WHEN SEVERAL PEOPLE CHANGED FROM BEING OPPOSED TO BEING AGAINST IT BECAUSE THEY REALIZED THAT THEIR CONCERNS WERE SOLVED BY SOMETHING THAT WE HAD ALREADY PLANNED. THEY WERE JUST NOT AWARE THAT THAT WAS PART OF THE PLAN. AND SO, UM, IT, I I WANNA SAY EDUCATION LED TO KIND OF COMPROMISE BECAUSE THAT'S WHAT THEY WERE ASKING FOR. THEY WANTED THAT GREEN SCREEN THAT'S SIMILAR TO WHAT THE ARBORETUM HAS ON GRAND, WHAT OTHER PROPERTIES ALONG BUCKNER HAD THE GREEN SCREEN SOLVED AND WAS, YOU KNOW, SUCH A BIG CRITICAL PART OF THIS. AND TO REITERATE, WE DO HAVE TO HAVE AN HOA FOR THE STREETS FOR THE ADJOINING LANDSCAPING. THAT WAS A QUESTION IN THE BRIEFING. AND PART OF THAT IS WHEN THESE PEOPLE OWN THESE HOMES, THEY EXPECT THAT IT'S KEPT. AND SO WE HAVE TO ESTABLISH A BUDGET TO MAIN, MAKE SURE THAT THE HOA LANDSCAPING IS ON A CONTRACT THAT IS ON A SEPARATE WATER METER CONTROLLED BY THE HOA. AND THAT MANAGEMENT COMPANY WILL ENSURE THAT THERE ARE NO CODE VIOLATIONS. UM, AND THAT ALL OF THAT LANDSCAPING IS KEPT UP REPLACED WHEN DEAD AND LOOKING IN THE BEST SHAPE POSSIBLE. UM, SO THAT MIRRORS, YOU KNOW, WHAT THE KIND OF OUR VISION WAS, THESE ARE NOT CHEAP PROPERTIES. AND SO THESE, THESE HOMEOWNERS WILL HAVE HIGH EXPECTATIONS. AND SO WE WANTED IT TO MIRROR THAT ARBORETUM EFFECT WHEN YOU DRIVE BY. AND SO IF YOU HAD TO GUESS HOW MANY OF, UH, THOSE, THOSE NEIGHBORS THAT YOU SPOKE TO CHANGED THEIR MIND AFTER YOU, UH, MENTIONED THE, THE LANDSCAPING, UH, STRATEGY, UH, HOW MANY WOULD YOU SAY ACTUALLY DID CHANGE THEIR MIND? AND DID ANY OF THEM ACTUALLY THEN WRITE A LETTER OF SUPPORT AS A RESULT OF THIS? POLITICIANS THEY, THEY DID. SO SEVEN HOUSEHOLDS WERE REPRESENTED AT OUR MEETING ON THE NIGHT WHO TOOK THE TIME TO COME. WE, WE MET FROM, UM, FOR ABOUT TWO AND A HALF HOURS THAT EVENING. AND, UM, THE FOUR HOUSES TO OUR NORTH, WHICH IS WHY IN THE, THE BRIEFING YOU SAW ARE RED AND A GREEN ON ONE DOT, AND THERE'S A FOLLOW UP EMAIL CLARIFYING THEIR POSITION THAT THEIR HOUSEHOLD, BOTH WIFE AND HUSBAND WERE BOTH SUPPORTIVE, UM, OF THE WALL. AND THEN TWO, TWO OTHER PEOPLE WENT FROM RED TO GREEN AS WELL. SO, UM, I'M SORRY, FOUR TOTAL PEOPLE WENT FROM EITHER UNSURE OR AGAINST TWO FOUR AF FOLLOWING THAT MEETING. GREAT. AWESOME. WELL, AND THE REASON I ASK THESE QUESTIONS IS OBVIOUSLY OUR BIGGEST CRITERIA IS DOES THIS AFFECT NEIGHBORING PROPERTIES? AND, AND ONE OF THE BIGGEST MEASURES OF THAT IS THE, THE NUMBER OF OPPOSITION, THE NUMBER OF SUPPORT, AND THEN LOOKING TO WHAT THE APPLICANT DID TO ENGAGE WITH THOSE THAT WERE IN OPPOSITION. AND SO IT, IT LOOKS LIKE YOU, YOU ENGAGED IN, IN GOOD FAITH. SO, UM, I HAVE NO FURTHER QUESTIONS. THANK YOU MR. FINNEY. OTHER DISCUSSIONS FOR I GOT MR. KOVICH THEN MS. HAYDEN, MR. HOPPI QUESTIONS FOR THE APPLICANT? YEAH. UM, MY QUESTION IS FOR MR. BARON, YOU'RE THE DEVELOPER, IS THAT CORRECT? THAT IS, THAT IS CORRECT. IT, IT'S, IT'S, UH, IS, IS IT CORRECT THAT YOU CAN AND SUGGEST, RECOMMEND EVEN ESTABLISH SOME TYPE OF HOMEOWNERS ASSOCIATION, BUT ONCE YOU HAVE A CERTAIN CRITICAL MASS OF HOMEOWNERS IN THE NEIGHBORHOOD, [01:40:01] YOU, YOU CAN'T ACTUALLY REQUIRE A MANDATORY HOA FOR DUES OR ANYTHING OF THAT NATURE? IS THAT, IS THAT A TRUE STATEMENT? NO, SIR, BECAUSE THIS IS A SHARED ACCESS DEVELOPMENT, THE CITY OF DALLAS IS PART OF OUR PLAT REQUIRES AN HOA TO BE IN FE IN EFFECT FOR THE ENTIRETY OF THIS PROPERTY IS SO, IT IS MANDATORY AS THE ALL HOMEOWNERS WILL HAVE TO, UH, JOIN AND PAY INTO THE HOMEOWNER'S ASSOCIATION? THAT IS CORRECT. THE CONDITION OF THEIR BUYING. 'CAUSE IT THAT IS CORRECT BECAUSE THERE IS UTILITY, THERE IS CITY UTILITIES UNDER A PRIVATE ROAD. AND SO TO ANSWER THAT QUESTION EARLIER, THE CITY UTILITIES ARE THE EXPENSE OF THE CITY, BUT THE ROADWAY IS THE EXPENSE OF THE HOA. AND SO WE HAVE TO ESTABLISH CONTINGENCY FUNDS, LANDSCAPING FUNDS, WE HAVE, UM, EASEMENTS THAT CROSS PROPERTY LINES. SO ONE OF THE MAIN REASONS WHY THIS FENCE IS SO IMPORTANT IS WITHOUT IT WE HAVE DISCONTINUITY BETWEEN ALL OF THESE HOMEOWNERS ON WHAT THEIR FENCE LOOKS LIKE, WHAT'S APPROVED, ET CETERA. I, I THINK, I GUESS MY QUESTION, UH, APPRECIATE THE ANSWER. I THINK MY QUESTION IS MORE ORIENTED TOWARDS WHO'S GOING TO BE REQUIRED TO MAINTAIN THE LANDSCAPING OUTSIDE OF THAT. YES. THE HOA WILL HAVE TO HAVE A CONTRACT FOR ALL LANDSCAPING FROM THE FENCE OUTWARD TO PUBLIC STREET, AS WELL AS THE CUL-DE-SAC INSIDE THE NEIGHBORHOOD THAT, THAT WILL BE IN THE SCOPE OF THE HOA. THANK YOU. I'VE GOT MS. MS. HAYDEN, THEN MR. SAE. MS. HAYDEN, THAT WAS ACTUALLY MY QUESTION AS WELL. JUST TO CONFIRM THAT THE HOA WILL BE RESPONSIBLE FOR MAINTENANCE OF, OF THE LANDSCAPING ALONG THE WALL AS WELL AS THE WALL ITSELF. MR. SAUK, UM, MR. BARON, ARE THE GOVERNING DOCUMENTS FOR THE ASSOCIATION DRY UP, UPDATED? WE HAVE PRELIMINARY DRAFTS AVAILABLE. THEY HAVE NOT BEEN FINALIZED. THEY DO HAVE TO BE FINALIZED PRIOR TO THE PLAT BEING APPROVED OR BEING SIGNED OFF ON. AND THAT THE BOARD OF DIRECTORS OF THE DEVELOPMENT WILL BE APPROVING THOSE. YEAH, THE, WE, WE AS A DEVELOPER CALLED THE DECLARANT AND THE DE DECLARANT FILES, THE ORIGINAL HOA CAR LAWS. AND AT WHAT POINT, HOW MANY LOT, WHAT PERCENTAGE OF LOTS WOULD THEN TURN OVER TO THE OWNERS OF THE LOT? AT WHAT POINT DO YOU TURN OVER DEVELOPMENT? BECAUSE WE HAVE 15 LOTS. IT WOULD BE ON THE EIGHTH SALE, 50 PLUS ONE OR, THANK YOU. OKAY. UM, I HAVE MORE QUESTIONS BUT I WANT TO GET TO THE OTHER SPEAKERS SO YOU CAN HAVE A SEAT. ALRIGHT, MS. BOARD SECRETARY, WE HAVE HOW MANY SPEAKERS REGISTERED TO SPEAK IN OPPOSITION? I HAVE FIVE. FIVE, OKAY. CALL HIM AWAY. OKAY. MR. PHIL MENDER. HAUSEN, THANK YOU. YES, SIR. GOOD. [01:46:28] THANK YOU SIR. AND WE'RE IN, WE'RE IN RECEIPT OF YOUR EMAIL DATED NOVEMBER 2ND AS WELL. WE RECEIVED YOUR EMAIL. THANK YOU. AND I READ IT NEXT SPEAKER, ROCKY S YOU CAN GIVE US YOUR NAME AND ADDRESS AND THEN, UH, YOU CAN GO AHEAD AND SPEAK. PUSH THE BUTTON SO IT IS GREEN LIGHT UP. YEAH. THANK YOU. HOW ABOUT THAT? UH, MY NAME IS ROCKY OWENS AND I LIVE AT 1 4 1 1 NORTH BUCKNER BOULEVARD. UM, I SHARE A PROPERTY LINE WITH, UH, WHERE THIS TAPE FOOT WALL IS, UH, GONNA BE IF IT'S APPROVED. UM, I'M GONNA BE SPEAKING FROM A VERY PERSONAL PERSPECTIVE AND I HOPE THAT'S THE PURPOSE OF THIS PLATFORM. IF NOT, I HOPE YOU CAN BEAR WITH ME FOR ANOTHER FOUR MINUTES AND 30 SECONDS. UM, OUR FAMILY'S LIVED IN OUR HOME FOR OVER A DECADE WHERE WE, UH, WE HOUSE SHOPPED FOR OVER FOUR YEARS LOOKING FOR OUR FOREVER HOME. UM, AND CASA LINDA IS WHERE WE LANDED. UM, OH, OH. UM, WE SEARCHED ALL OVER THE DALLAS AREA, UH, BUT WHEN WE STEPPED FOOT ON OUR PROPERTY, WE FELL IN LOVE WITH A LOT. UM, NOT THE HOUSE ON IT. UH, THE FIRST DAY THAT WE OWNED OUR PROPERTY, OUR FAMILY ACTUALLY HAD A PICNIC IN THE YARD, NOT INSIDE. UM, WE'VE SPENT YEARS RESTORING AND IMPROVING OUR PROPERTY AND WE KNEW EXACTLY WHAT WE WERE GETTING OURSELVES INTO BECAUSE OUR INITIAL DRAW TO OUR HOME WAS NOT THE STRUCTURE, IT WAS THE OPEN SPACE AND LANDSCAPING AROUND IT, AND THE OPEN SPACE AND LANDSCAPING OF THE ENTIRE CASA LINDA AREA. EVERY BIRTHDAY OUR KIDS HAVE HAD HAS BEEN AN OUTDOOR CELEBRATION AND WE CERTAINLY DON'T TAKE ANY OF IT FOR GRANTED. WE HAVE MEMORIES THERE THAT'LL LAST A, A LIFETIME. THE CHARACTER OF CASA LAND IS DEFINED BY OUR, UH, OUR OPEN SPACE, MATURE TREES, AND CONSISTENT RELATIONSHIP OF ONE PROPERTY TO THE NEXT. YOU COULD SAY THAT OUR, UH, OUR WHOLE ARE GREATER THAN THE SUM OF OUR PARTS. EVERY SINGLE RESIDENTIAL PROPERTY DOWN THE BUCKNER CORRIDOR OBSERVES THE A HUNDRED FOOT SETBACK. THE ONLY THING THAT YOU SEE DRIVING DOWN THE STREET IS LANDSCAPING. AND THE CODE ALLOWABLE FOUR FOOT BROAD IRON FENCES. THERE'S NO PRECEDENT TO ALLOW AN EIGHT FOOT BARRIER. FRANKLY, I DON'T WANNA LIVE IN THE SHADOW OF THIS CODE VIOLATION. I DON'T HAVE ANY INTEREST IN FINDING OUT WHAT KIND OF A WIND TUNNEL EFFECT THIS MIGHT CAUSE, ESPECIALLY DURING BAD STORMS, WHICH WE GET A LOT OF IN EAST DALLAS. I DON'T WANNA SEE THE IMPACT OF WHAT A SPREAD FOOTING AND CONTINUOUS GRADE BEAM WILL HAVE ON THE DELICATE ROOTS. THE TREES THAT MY SON AND I HAVE PERSONALLY PLANTED ALONG OUR PROPERTY LINE, I DON'T WANNA HEAR ECHOED, AMPLIFIED TRAFFIC NOISE FROM OUR SON'S BEDROOM WINDOW. AND I'M SURE EVERY RESIDENT ACROSS THE STREET DOESN'T EI PREFER NOT TO SEE GRAFFITI PLASTERED UP AND DOWN MY NEIGHBORING PROPERTY, WHICH IS EXACTLY WHAT'S GONNA HAPPEN ON THIS BILLBOARD STYLE BLANK CANVAS, IF YOU WILL. AND I DON'T WANNA SEE WHAT THIS WALL [01:50:01] LOOKS LIKE IN 10 YEARS WHEN IT'S NOT PROPERLY MAINTAINED WITH THE HIGH WATER TABLE OF EXPANSIVE CLAY SOILS OF THE WHITE ROCK AREA. I HAVE NO DOUBT WE'LL BE LOOKING AT MASSIVE CRACKS AND MULTIPLE STRUCTURAL FAILURES OF THIS WALL OVER TIME. I'M INCREDIBLY CONCERNED ABOUT WHAT EXAMPLE THIS WALL WOULD SET IF APPROVED AND HOW MANY MORE OF OUR PROPERTIES WILL BE PURCHASED AND CHOPPED UP AND COMPARTMENTALIZED WITH SIMILAR BARRIERS UNTIL WHAT WE KNOW AS COSTA LENDER TODAY NO LONGER EXISTS. UH, THANK YOU VERY MUCH FOR HEARING OUR PLEA TO SAVE OUR COMMUNITY. THANK YOU, SIR. AND YOU ARE DIRECTLY NORTH OF THE SUBJECT PROPERTY, CORRECT? THAT'S CORRECT. THE ONE THE CLOSEST ADJACENT. THAT'S WHAT I THOUGHT. MM-HMM. THANK YOU, SIR. MS. JOANNE LADEN, I NEED YOU TO PUSH THAT BUTTON ON THERE ON THE BOTTOM. YES. AND I'LL DO IT AGAIN. THE BUTTON ON THE BOTTOM OF THAT. NOW CAN YOU HEAR ME? THERE YOU GO. NOW WE HEAR ALMOST EVERYTHING. OKAY. MY NAME IS JOAN LADEN. I LIVE AT 95 38 ALT DRIVE IN KESS LINDA ESTATES. I'M ONE BLOCK OFF OF, UH, BUCKNER BOULEVARD. UM, I HAD SEVERAL QUESTIONS CONCERNING SOME OF THE TECHNICALITIES OF, OF THE WALL. UH, I, I THINK IT, SOME OF THEM HAVE BEEN ANSWERED. UM, THE POSITION OF THE WALL APPEARS THAT IT WILL BE IN THE GROUND AND IT WILL NOT BE ON TOP. THIS CAME UP IN YOUR DISCUSSIONS EARLIER. WILL, WILL NOT BE ON TOP OF THE TRAFFIC BARRIER THAT'S REQUIRED. SO I BELIEVE THAT'S, IS THAT, WHAT IS THAT A COM GOOD UNDERSTANDING OF HOW THIS IS BUILT? OUR UNDERSTANDING IS IT'S EIGHT FEET IN TOTAL. OKAY. EIGHT FEET. I DON'T KNOW IF THERE'S TWO FOOT IN FRONT OF THIS WALL. NO, NO, NO. OKAY. OUR UNDERSTANDING IN THE WHAT WE, WE, WHAT HAS BEEN SUBMITTED TO US IS EIGHT FEET IN TOTAL. ONE SOLID STRUCTURE, ONE WALL, ONE STRUCTURE. CORRECT. VERY GOOD. THANK YOU FOR THAT. UM, SO IT, IT IS GOING TO BE BUILT WITH THE SAME MATERIALS, UH, AND I ASSUME THE TRAFFIC BARRIER IS A SOLID CONCRETE OR IT PROBABLY WOULDN'T DO ITS JOB. I DON'T KNOW THE PARTICULARS OF THAT. IT WOULD HAVE TO MEET THE CITY CODE FOR THOSE TYPES OF BARRIERS IS WHAT WE'VE BEEN ADVISED. OKAY. AND THEN I'M, I'M, UH, WONDERING IF THESE, UH, TRAFFIC BARRIERS HAVE EVER BEEN BREACHED BY ANY CARS, UM, OR IF THEY'RE PROPOSED TO STOP, UH, A CAR OR WOULD THEY CRACK AND BREAK ON, UH, WITH IMPACT? YOU DON'T KNOW EITHER. WE DON'T HAVE OUR CITY GUY HERE. UH, WELL I THINK THE ANSWER TO YOUR QUE THE ANSWER TO YOUR QUESTIONS THUS FAR IS THE SAME. IT FOLLOWS WHATEVER THE STANDARD THAT THE CITY REQUIRES THROUGHOUT THE CITY. OKAY. CITY ORDINANCE. YES. AND WITH, I KNOW I HEARD 24 INCHES HIGH. I I DIDN'T HEAR INCHES OF WIDTH. I, I'M, I'M GONNA, AGAIN, WHAT WE'VE BEEN GIVEN BY OUR TRAFFIC ENGINEERS IS ANYONE THAT'S, THAT IS CONSIDERING THIS HAS TO MEET THE STANDARD CODE WITHIN 51, A 8.618 TRAFFIC BARRIERS. THEY JUST HAVE TO MEET THAT STANDARD. AND THAT'S IN ORDER FOR THEM TO, TO GET THE, THE PLAT, THE PRELIMINARY, PRELIMINARY PLAT CALLS THOSE THINGS OUT. ALRIGHT. UM, WELL, I, I HAVE NOT, NOT MORE THAN ELSEWHERE IN THE CITY, BUT NOT LESS THAN ANYWHERE ELSE IN THE CITY. NOW THAT'S, NO. OKAY. UM, I, I CONCUR WITH THE PREVIOUS TWO SPEAKERS AND I KNOW YOU DON'T, UH, YOU DID COMMENT ON DEED RESTRICTIONS. SO, UM, I FEEL I CAN MENTION THAT THESE PROPERTIES ARE OPEN AND SPACIOUS AND A FEELING OF COUNTRY. I HAPPEN TO HAVE AN ACRE AND A HALF PROPERTY WITH TWO HORSES ON IT. SO THAT EPITOMIZES THE AMBIANCE AND NATURE OF OUR NEIGHBORHOOD WITH THE TREES, THE FLORA, THE FINAL RABBITS, UM, YOU KNOW, THE WHOLE SHEBANG THERE. IT'S, IT'S A BEAUTIFUL NEIGHBORHOOD. UM, THIS WALLED STRUCTURE, UM, WILL KIND OF FEELS LIKE A FORTRESS AMONGST OUR BEAUTIFUL FORESTS. SO THAT'S MY OPINION. UM, BUT MY BIGGEST CONCERN IS, UH, THE LETHALITY OF A CAR HITTING AN EIGHT FOOT CONCRETE WALL. UH, [01:55:01] IF TO GIVE PERSPECTIVE, MOST HOMES IN EAST DALLAS HAVE EIGHT FOOT CEILING HEIGHTS. SO THAT GIVES YOU A PERSPECTIVE OF THE HEIGHT THEY'RE REQUESTING AND, UM, CONCRETE FALLING UPON A CAR THAT HITS THAT WALL. THERE'S MUCH HIGHER PROBABILITY OF A FATALITY THAN ON A TWO FOOT WALL. UH, AND THAT IS A CONCERN TO ME. UH, DRIVERS ARE CARELESS. SOMETIMES THEY'RE NOT CARELESS AND THEY'RE STILL IN ACCIDENTS. AND YOU'VE HEARD THE NUMEROUS NUMBER OF ACCIDENTS THAT OCCUR ALONG THAT STRETCH. SO, UH, EIGHT FEET IN THAT AREA IS VERY DANGEROUS FOR A DRIVER OR AN INNOCENT OCCUPANT IN THE CAR. SO I BELIEVE THAT IS THE END OF MY PRESENTATION TO YOU. THANK YOU VERY MUCH. MS. CAROL STEVENS. WHERE'S THE GREEN BUTTON IF YOU WOULD? UH, WELL ARE YOU TALKING INTO THE MICROPHONE? I AM NOW. THERE YOU GO. YOU ARE ALIVE. OKAY. I'M CAROL MAY STEVENS. UM, I LIVED DOWN THE STREET AT THE CORNER OF ALTMEYER DRIVE IN BUCKNER BOULEVARD. OUR FAMILY HAS OWNED OUR HOMESTEAD FOR 70 YEARS THIS MONTH. WE'VE SEEN A LOT. MY PARENTS CHOSE CASTLE LINDA ESTATES BECAUSE OF THE VERY SPACIOUS YARDS IN THE ROOM FOR THEIR CHILDREN, FOUR OF US TO RUN AND PLAY. UH, SKIPPING FORWARD A MEETING WITH THE DEVELOPERS ON OCTOBER 9TH, 2025, STATED THAT THE EIGHT FOOT WALL WAS REQUIRED BY BOTH TXDOT AND THE TEXAS TRANSPORTATION OR THE DALLAS TRANSPORTATION DEPARTMENT. TDOT SAYS THAT THE BARRIER WALL WOULD BE OUTSIDE OF THEIR RIGHT OF WAY AND SO THEY ARE NOT INVOLVED. THE CITY OF DALLAS TRANSPORTATION DEPARTMENT HAS ALSO STATED THAT THEY DID NOT REQUIRE THIS WALL. UM, AND ON THIS DAY OF OCTOBER 9TH, 2025, WHEN WE HAD THIS MEETING, THERE WAS A TOTAL OF FIVE, UH, NINE PEOPLE IN ATTENDANCE. SO WHAT ABOUT THAT? ANYWAY, ALRIGHT, SO WHY DO THEY WANT AN EIGHT FOOT TALL BARRIER WALL? THIS LOCKED COMMUNITY, UH, IS PLANNING ON BUILDING 17 HOUSES AND THE COMBINED LOTS, EXCUSE ME, LEMME START AGAIN. BECAUSE THE DEVELOPER IS PLANNING ON BUILDING 17 HOUSES ON THE COMBINED, LOTS AND EIGHT OF THESE HOUSES WILL HAVE THEIR BACK DOORS FACING BUCKNER BOULEVARD. IT'S A GATED COMMUNITY. IT'S, UH, GONNA HAVE LOCKS, WHATEVER'S TO GET IN AND OUT. IT'S GONNA BE ITS OWN LITTLE THING. UM, AND NOBODY WANTS THEIR OXIDE, I GUESS, FACING BUTNER. THIS BARRIER WALL ISN'T REQUIRED BY EITHER TXDOT OR THE CITY OF DALLAS. IT'S DESIRED. SO THE DEVELOPER CAN BUILD MORE HOMES. PERHAPS HE SHOULD MODIFY HIS PLAN A BIT. I ENCOURAGE YOU, THE BOARD TO DENY THE WALL WITHOUT PRE PREJUDICE. AND I WANT TO THANK YOU AND ADD IF THIS IS, UH, SIX ACRES CA LINDA ESTATES IS 35 ACRES, THAT'S ONE SIX OF A NEIGHBORHOOD THAT THEY'RE LOOKING AT. THAT'S IT. THANK YOU FOR YOUR TIME. THANK YOU VERY MUCH. AND WE DID, WE DID RECEIVE THE PETITION. YOU WERE THE FIRST SIGNATURE ON THE PETITION. OH, AND I'VE GOT, UM, YOU'VE GOT THIS THEN RIGHT HERE. OKAY, GREAT. THANK YOU SIR. THANK YOU VERY MUCH. BOBBY SHERMAN. HELLO, MY NAME'S ROBERT SHERMAN. I LIVE AT, I NEED FOUR 15 REDONDO DRIVE. I ONLY HAVE A HOUSE THAT BACKS UP TO THIS PROPERTY DUE TO IT'S IN PARENT'S ESTATE. THE EIGHT [02:00:01] FOOT WALL IS NOT IN KEEPING WITH ANYTHING GOING DOWN. BUCK BOULEVARD IN CASTLE LINDA CASTLE. LINDA IS A BIG AREA WITH OPEN LOTS OPEN AREA. THE BUCKNER HAS SIDEWALKS. THE REST OF CASTLE LINDA HAS NO SIDEWALKS AND CURBS. IT IS A VERY OPEN AREA. THESE BUILDERS COME IN AND WANTS TO PUT IN A BUNCH OF HOUSES. BY THE TIME YOU TAKE OUT TO THE ROAD AND EVERYTHING ELSE, IT BECOMES REAL SMALL. LOTS THAT YOU NEED TO GO WITH. THE FOUR FOOT FENCE THAT I BELIEVE IS ALLOWED. AND IF HE WANTS TO PLANT SHRUBS, LET HIM DO IT. I MEAN, I'VE BEEN IN CAPITAL, LINDA FOR MID SEVENTIES. I LIVED NOW THIS IS TOTALLY OUTTA KEEPING TO THE NEIGHBORHOOD. THERE ARE NO H HOMEOWNERS ASSOCIATIONS IN CASTLE LINDA. WE HAD, IF YOU WANT TO CALL IT A HOMEOWNERS ASSOCIATION, IT'S PRIVATE. THERE ARE NO DUDES. IT'S JUST A GROUP OF PEOPLE. YOU KNOW, YOU CAN BE A MEMBER AND PAY 50 BUCKS A MONTH OR SOMETHING. OR I MEAN A YEAR TO BE A MEMBER OF IT. AND IF NOT, IN KEEPING WITH THE NEIGHBORHOOD THE WALL, LOOK AT THE PICTURES OF NDA ON BUCKNER. YOU AREN'T GONNA FIND A EIGHT FOOT WALL THERE. IN THERE. YOU MAY FIND SOME TALL SHRUBS. AND THAT'S ABOUT ALL I HAVE TO SAY ON THIS SUB THAT I HOPE YOU GIVEN FOREFOOT THING THAT'S ALLOWED AND NOT DUE THE EIGHT FOOT. THANK YOU SIR, FOR YOUR COMMENTS. NO SPEAKER . ALRIGHT. UM, CONSISTENT WITH OUR RULES OF PROCEDURE, THE APPLICANT IS GIVEN A FIVE MINUTE REBUTTAL. UH, MR. CHAIR, UH, I THINK JEFF BARRON'S GONNA DO THE REBEL AND BY STAND HERE WITH THE QUESTIONS. THANK YOU CHAIR. THANK YOU FOR YOUR TIME AGAIN. AND THANK YOU TO ALL THE PEOPLE WHO SPENT THEIR DAY COMING OUT AND VOICING THEIR OPINION. WE REALLY RESPECT THAT AND APPRECIATE IT. UM, I THINK WHAT YOU HEARD FROM MANY OF THEM IS HOW MUCH THEY LOVE THE NEIGHBORHOOD. I THINK ALSO WHAT YOU HEARD IS THERE'S PROGRESS WITHIN NEIGHBORHOODS. THERE'S CURBS AND GUTTERS THAT NEED TO BE ADDED. THERE'S SIDEWALKS THAT NEED TO BE ADDED. THERE ARE RULES THAT ARE OLD THAT WERE ESTABLISHED WHEN BUCKNER WAS HORSE AND CARRIAGE COMING DOWN THE ROAD. AND NO ONE COULD HAVE IMAGINED IT BEING A SIX LANE ROAD. TODAY. IT'S DIFFERENT THAN WHAT IT WAS. PROGRESS IS VERY HARD. I THINK WHAT YOU HEARD FROM THEM IS, YOU KNOW, THEY DON'T LIKE THAT THERE'S MORE HOMES. AND WE, WE UNDERSTAND THAT THAT'S WHY 10,000 SQUARE FOOT LOTS ARE ALLOWED. BUT WHAT DID WE PUT? WE ARE BETWEEN, UM, ALMOST 0.4 TO 0.5 ACRES ON ALL OF OUR HOUSES. WE TRIED TO BE INCREDIBLY RESPECTFUL, BUT WITH THAT, WE ALSO HAVE TO HAVE THE ABILITY TO PROTECT SOMEONE. IF YOU'RE WALKING DOWN BUTNER AND YOU CAN COME UP TO A FOUR FOOT WALL, I CAN, MY KIDS CAN, EVERYBODY CAN JUMP THAT FENCE. A DOG CAN. THERE HAS TO BE A LEVEL OF SAFETY THAT'S ALLOWED. FOUR FEET, SIX FEET ARE BOTH COMFORTABLE FENCE HEIGHTS. I THINK THE SECOND SIDE IS, I THINK YOU HEARD FROM US IN GENUINE POSITION THAT WE'VE PUT MECHANISMS IN PLACE TO ADDRESS THESE CONCERNS. A GREEN SCREEN IS INCREDIBLY TYPICAL. HONESTLY, EIGHT FOOT FENCES WITHIN THE NEIGHBORHOOD ARE INCREDIBLY TYPICAL IN THE REAR YARDS FROM FROM SIDE YARDS BACK. ALMOST EVERYONE HAS AN EIGHT FOOT FENCE. WHAT WE'RE ASKING FOR IS NO DIFFERENT THAN EVERYONE HAS. WE'RE HAVING TO BE HERE AND ASK YOU BECAUSE THERE'S A CONTINUITY OF SETBACK ISSUES THAT PRESENTS ITSELF DUE TO ONE HOME FACING BUCKNER. AND THEN THE OTHER NINE THAT WE'RE BUILDING THAT ARE THERE ARE BACKYARDS. AND SO BE BECAUSE OF THAT ONE, WE'RE HERE BEFORE YOU TO ASK YOUR PERMISSION IN A LEGAL WAY, JUST LIKE WE ASK IN A LEGAL WAY TO REPL THESE PROPERTIES, TO PROVIDE GOOD HOMES, SAFE HOMES FOR PEOPLE THAT ARE GOING TO BE SOMETHING THAT ENHANCES THE COMMUNITY. AND IT'S GOING TO BE VERY DIFFICULT FOR US. UM, WELL I THINK, I THINK YOUR CHARGE IS, DOES THIS NEGATIVELY AFFECT PEOPLE? AND I THINK WHAT I HEARD FROM ALL THE FEEDBACK WAS NO, YOU KNOW, WE'VE ADDRESSED THOSE CONCERNS AND WE WANT TO MAKE IT A PLACE WHERE OUR KIDS CAN SIT IN THEIR BACKYARD AND FEEL SAFE AS WELL. UM, OR THE, THE KIDS WHO LIVE THERE AND THE FAMILIES THAT LIVE THERE. SO HOPEFULLY I ADDRESSED, UM, SOME OF THE COMMENTS THAT YOU HEARD. I WAS NOT ABLE TO HEAR THE FIRST SPEAKER. HIS AUDIO DIDN'T WORK. UM, BUT AGAIN, I APPRECIATE ALL OF YOUR TIME AND THEN I'M HERE FOR QUESTIONS AS WELL. [02:05:01] THANK YOU, SIR. QUESTIONS, QUESTIONS FROM THE BOARD TO THE APPLICANT, MS. HAYDEN? UH, MR. BARON, I HAVE A, I HAVE A QUESTION. I THINK YOU SAID THAT THE LOTS ARE HALF ACRE AND THEN I ALSO THOUGHT YOU SAID 10,000 SQUARE FEET, BUT 10,000 SQUARE FEET IS 0.2 ACRES. SO WE WERE ALLOWED OUR 10, THE STANDARD IS WE COULD HAVE REQUESTED 10,000 SQUARE FOOT LOTS. WE DID NOT DO THAT. WE MADE OUR LOTS BETWEEN THE NET AREAS ARE BETWEEN 0.3 A AND 0.52. OKAY. THANK YOU FOR CLARIFYING. WHAT, WHAT'S THE ZONING IN THIS AREA? IS THIS AN R? WHAT'S THE, IS IT R 10? YEAH, IT'S R 10. OKAY. R 10 A. OKAY. ALRIGHT, THANK YOU. UH, OTHER QUESTIONS FOR THE APPLICANT? MR. FINNEY? UM, AND THIS IS FOR MR. BARON OR MR. BALDWIN, WHOEVER FEELS MOST QUALIFIED. SO AFTER HEARING THE COMMENTS OF THE OPPOSITION, I THINK ONE OF THE, THE COMMENTS THAT RESONATED MOST WAS THIS OBSERVATION THAT WHAT YOU'RE PROPOSING IN BYS GRAFFITI. AND, AND I IMMEDIATELY THOUGHT TO THE REALLY NICE RENDERING THAT YOU SHOWED OF THE VERY WHITE WALL. UM, AND, AND I THINK THAT IN SPITE OF THE GREEN SCREEN, I THINK THEY, THEY HAVE A VERY FAIR CRITICISM. UM, WHEN YOU SHOW THEM THIS WHITE WALL, I THINK IT'S VERY CLEAR THAT THAT IS WHITE INVITES GRAFFITI, UM, IN VANDALISM OR EVEN WITH PLANTS IN FRONT OF IT. UH, ESPECIALLY AS WE KNOW PLANTS COME AND GO, UM, OVER TIME EVEN WITH A AN HOA. UM, SO I'M, I'M CURIOUS, UM, ALSO, I DON'T KNOW THAT IT SPECIFIES THE EXACT MATERIAL. UM, I THINK THE ELEVATIONS INDICATE A BRICK HATCH. UM, AND, UH, BUT THE REQUIREMENTS REALLY JUST CALL OUT, YOU KNOW, THE, THE COMPRESSIVE STRENGTH REQUIREMENT OF 3000. SO I WAS WONDERING IF YOU COULD COMMENT ON THE MATERIALS USED. AND I, AND I'M JUST CURIOUS, ARE YOU WILLING TO MAKE A COMPROMISE ON THE COLOR, UM, IN, IN, YOU KNOW, WHAT OTHER COMPROMISES YOU MENTIONED, YOU KNOW, YOU, YOU COMPROMISE ON THE LOT SIZE, BUT, BUT RELATIVE TO THIS CASE, WHAT COMPROMISES CAN YOU POINT TO THAT YOU'VE, THAT YOU'VE MADE WHERE YOU'VE DEMONSTRATED A WILLINGNESS TO MEET, UH, THE, THE, THE NEIGHBOR'S HALFWAY? SURE. SO I THINK THE FIRST, UM, TO ANSWER YOUR QUESTION ON MATERIALS, WE SUGGESTED A SLURRY BRICK MATERIAL. SO IT HAS AN OLDER APPEARANCE TO IT. UH, SLURRY IS LIKE A LIME WASH THAT GOES OVER THE BRICK. SO YOU INSTALL THE BRICK AND THEN YOU LIME WASH ON TOP OF THAT TO ADDRESS YOUR CONCERN ABOUT GRAFFITI. I DON'T KNOW IF YOU'VE EVER WALKED BY. SO WE'RE GOING TO PROBABLY PLANT AN EAGLETON. HOLLY, TO YOUR POINT, THAT'S SOMETHING THAT WE THOUGHT ABOUT. I DON'T KNOW IF YOU'VE WALKED PAST ONE, BUT THEY ARE REALLY PRICKLY. LIKE THEY HAVE SHARP, UM, SERRATED KIND OF, IT WOULDN'T HURT YOU, BUT IT'S NOT COMFORTABLE TO WALK THROUGH IT. LIKE I HAVE THEM ALONG MY POOL AND MY KIDS DON'T WANNA WALK ALONG THAT SIDE OF THE POOL BECAUSE, YOU KNOW, IT WOULD SCRAPE YOUR ARM. SO TO GET THROUGH THAT D LIKE A DENSE SHRUB ONE, THE BRANCHES CREATE KIND OF AN INNER WEB THAT'S ALMOST IMPOSSIBLE TO GET THROUGH AS THEY GROW. AND TWO, UM, THE, THE STRUCTURE OF THE LEAF I THINK WOULD DETER PEOPLE. AND THEN I THINK THE THIRD PART TO ANSWER THAT IS AGAIN, TO REITERATE THE HOA IS THERE WHEN WE'RE IN CONTROL AND AFTER THESE PROPERTY OWNERS WHO WILL OWN THESE HOMES ARE GOING TO REQUIRE THEIR HOMEOWNERS ASSOCIATION TO MAINTAIN THEIR PROPERTIES OR THE VALUE AT A VERY HIGH LEVEL. AND SO THE NICE THING ABOUT A SLURRY WASH IS IF SOMEONE GOT THROUGH THOSE FIRST TWO STEPS AND STILL WANTED TO GRAFFITI ON THAT WALL, THE HOA HAS MONEY TO GO IN AND PAINT OVER IT AND BRING IT BACK TO ITS ORIGINAL STATE BECAUSE WE'RE NOT GOING TO WANT THE VISUAL APPEAL OF SOMETHING THAT HAS GRAFFITI. BUT I ALSO THINK WE TOOK STEPS. I THINK YOUR THIRD QUESTION OF WHAT COMPROMISES ARE YOU WILLING TO MAKE, UM, WE ARE OPEN TO SUGGESTIONS. I DIDN'T HEAR TODAY AND I I DIDN'T HEAR IN OUR MEETINGS ANY SPECIFIC REQUESTS FROM HOMEOWNERS OF I WISH YOU DID THIS. UM, IF THERE WERE THOSE THINGS, WE ARE MORE THAN OPEN TO HEARING AND HAVING THOSE CONVERSATIONS. I THINK GOING BACK TO WHAT I SAID IS ONCE WE ACTUALLY EXPLAINED WHAT WE WERE DOING, I FELT LIKE A LOT OF THOSE CONCERNS WENT AWAY. SO IT WAS EITHER I JUST DON'T WANT YOU TO DO ANYTHING OR I'M HAPPY WITH YOUR, WHAT YOU'RE DOING. THANK YOU SO MUCH FOR DOING THAT. YOU KNOW, I THINK AS YOU READ THROUGH A LOT OF THE LETTERS, [02:10:01] A LOT OF THE ADJACENT OWNERS ARE REALLY APPRECIATIVE OF WHAT WE'RE DOING. BUT IF THERE IS A SUGGESTION, WE HAVE ALWAYS BEEN OPEN TO IT. I JUST, I DON'T KNOW WHAT THAT IS. THANK YOU. UM, MR. BALDWIN OR MR. BARON, WHEN DID THE PLANNING, WHEN DID THE PLANNING COMMISSION APPROVE THAT PRELIMINARY RE-PLANNING? THE ORIGINAL JEFF JUMPING IF I'M WRONG, BUT I THINK THE, THE PRELIMINARY RE PLAT WAS IN 2023 OR, UH, 2024. WELL, I, I 23 AND 24 ARE TWO DIFFERENT DATES. I KNOW WHAT I'M TRYING TO GET. MR. BALDWIN APRIL, GO AHEAD. APRIL, 2024 WAS THE PRELIMINARY PLAT. IN THAT PLAT WE HAD PROPOSED APRIL 20TH. DID YOU SAY APRIL 20TH? 2024? APRIL? I'M APRIL OF 2024. I DON'T KNOW THE EXACT MEETING DATE. I APOLOGIZE. I CAN FIND THAT IF YOU WOULD LIKE THE EXACT MEETING DATE. YEP. YEAH, BECAUSE WHAT WHAT GUIDES US IS WHAT HAS BEEN APPROVED PRIOR TO THE HEARING COMES TO US. AND I THINK WHEN I READ WHAT I, WHAT I'VE READ HERE AND ON WHAT ALSO WHAT I'VE HEARD TODAY IS PEOPLE CONCERNED ABOUT THE CHANGE, THE FEELING OF THE NEIGHBORHOOD AND THE WALL, UH, AND THE BARRIER. AND SO WHAT I'M TRYING TO GET TO IS WHEN DID THE PLANNING COMMISSION IN A PUBLIC HEARING APPROVE A REPLANTING OF THIS PROPERTY? SO THAT'S ONE QUESTION. STILL WAITING. I OUTSTANDING FOR ME. SECOND QUESTION, TO THE WEST OF THE PROPERTY AND TO THE NORTH OF THE PROPERTY, WHAT'S GONNA BE IN THE BACKYARD? IS THERE ANOTHER WALL THERE? HOW IS THAT, HOW IS EACH OF THOSE PROPERTIES GONNA BE, UM, DELINEATED BETWEEN THIS NEW SHARED ACCESS DEVELOPMENT AND THE ADJACENT PROPERTIES? SURE. SO THAT IS ONE OF THE BIG CONVERSATIONS WE'RE FACILITATING BECAUSE LIKE I'VE TO TOLD THOSE HOMEOWNERS, WE DON'T HAVE A STRONG PREFERENCE. SO THERE IS A DRAINAGE AND UTILITY EASEMENT THAT EXISTS ON THOSE ADJOINING PROPERTIES THAT YOU'RE ASKING ABOUT. AND SO PART OF OUR MEETING WAS TO START AN OPEN FORUM BECAUSE THERE'S BEEN ISSUES PRIOR TO US PURCHASING THE PROPERTY WITH, UH, UTILITY PROVIDERS NOT HAVING ACCESS TO THEIR UTILITIES TO MAINTAIN THEM BECAUSE OF OVERGROWTH. UM, THERE WE WILL NOT BUILD ANY FENCES OVER THE PROPERTY LINES, BUT YOU KNOW, THERE WILL BE A EIGHT FOOT FENCE OF SOME SORT, WHETHER IT'S WROUGHT IRON OR WOOD. AND, UM, THAT HAS NOT BEEN DECIDED. BUT THAT IS SOMETHING THAT WE DISCUSSED AT THAT MEETING BECAUSE WE REALLY WANT OTHER NEIGHBOR'S INPUT AS WELL, BECAUSE THERE IS A PROBLEM THAT EXISTS ON THAT SIDE, UM, JUST FOR UTILITY ACCESS AND MAKING SURE THAT THAT EASEMENT IS MAINTAINED. UM, AND I'M LOOKING UP THE CPC HEARING DATE FOR YOU AS WE TALK, SO I CAN COME BACK ON IT. I VIEW THAT AS THE SECOND. THANK YOU, SIR. I'VE USED THAT AS THE SECOND UNANSWERED QUESTION. THE FIRST WAS THE, WHEN DID THE PLANNING COMMISSION RE REPL, AND WE'VE HEARD THAT IT WAS PRELIMINARY APPROVAL SUBJECT TO ALL THESE OTHER THINGS THAT, THAT GO TO IT. THAT, BECAUSE THAT DOES GIVE ME PAUSE AS IT RELATES TO ALL THE PROPERTY OWNERS THAT BORDER YOUR SHARED ACCESS DEVELOPMENT. UM, AND, AND I'M JUST, I'M TAKING, UH, FROM OUR DOCKET AND LOOKING AT THE PLAT, THE VARIANCE EXHIBIT, UM, AND FOLLOWING THE PROPERTY ON IN THE BACK, WHICH IS AGAIN, IS THE WESTERN PORTION OF THE PROPERTY. AND THEN THE NORTHERN PORTION, WE HAD WHAT, TWO SEPARATE PROPERTY OWNERS THAT SPOKE TODAY THAT ARE ADJACENT TO YOUR SHARED ACCESS DEVELOPMENT. AND SO I'M SCRATCHING MY HEAD SAYING, OKAY, WE'RE CONCERNED ABOUT A WALL ON BUCKNER. I'M ALSO CONCERNED ABOUT HOW WELL YOU'RE GONNA BE A GOOD NEIGHBOR TO THE WEST. AGAIN, AS MR. FINNEY QUOTED AND I, WE SAID ALL DAY LONG TODAY, OUR CRITERIA IS WHAT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. SO THOSE ARE MY TWO OUTSTANDING QUESTIONS. I CAN SPEAK ACCORDING TO MY CALENDAR. ICALENDAR, GO AHEAD JEFF. UM, NO, GO AHEAD WITH THE DATE. ROB YOU. IT'S APRIL, GO AHEAD. THAT'S ACCORDING TO MY CALENDAR THAT, UH, THIS WAS AT THE PLANNING COMMISSION ON APRIL 4TH, 2020 FOURTH. SO THAT'S WHEN THE PLANNING COMMISSIONER APPROVED IT. YES, SIR. APRIL 4TH. ALRIGHT, SO I'M SPEAKING TO THE PROPERTY OWNERS THAT ARE HERE TODAY, OR LISTENING. APRIL 4TH, 2024 IS WHEN REALLY CHANGE OCCURRED. AND, AND THE, THESE PROPERTY OWNERS WERE, NO, JUST A SECOND. THESE PROPERTY OWNERS WERE MR. BAR, I DIDN'T ASK YOU A QUESTION, QUESTION. APRIL 4TH, 2024, THAT'S WHEN THE BARN DOOR ALMOST, ALMOST CLOSED [02:15:01] BECAUSE THE CITY IN A PUBLIC HEARING APPROVED A REPLANNING THAT SETS IN MOTION EVERYTHING ELSE THAT WE'RE TALKING ABOUT TODAY. OKAY. SO, UH, I APPRECIATE THAT. APRIL 4TH, 2024. OKAY. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? UM, I'M A LITTLE CONCERNED THAT YOU HAVEN'T HAD SOME FINALITY ON HOW YOU'RE GONNA DEAL WITH THE PROPERTY OWNERS ON THE WEST AND NORTH SIDE OF THE PROPERTY. IT'S NOT DIRECTLY READY TO THIS REQUEST, BUT IT DOES MR. BALDWIN GO TO NON ADVERSELY AFFECTING NEIGHBORING PROPERTIES AND IN OUR STACK OF STACKS OF THINGS, YES, THERE ARE A LOT OF PEOPLE SAYING YES, BUT THERE ARE A LOT OF PEOPLE SAYING NO. AND I FEAR THAT A LOT OF WHAT WE'RE READING IS FEAR. THEY DON'T KNOW WHAT'S GONNA HAPPEN TO THE WALL, TO THE LANDSCAPING, TO THE CHARACTER OF THE NEIGHBORHOOD. AND SO THAT FEAR DRIVES ANGST. I USED THAT TERM EARLIER TODAY. SO, ANYWAY, GO AHEAD. ANYTHING ELSE? MAY I, MAY I ANSWER YOUR QUESTION? OH, ONE, ONE OTHER QUESTION. ONE OTHER QUESTION, UH, TO EITHER ONE OF YOU. WHY EIGHT FEET VERSUS SIX FEET BY RIGHT, YOU CAN DO FOUR FEET, TWO FEET IS REQUIRED THAT WE HEARD. SO WE KNOW IT'S NOT TWO, NOT TWO FEET. SO YOU COULD DO FOUR FEET BY, RIGHT? YOU WOULDN'T HAVE TO ASK THAT QUESTION, THEN THE QUESTION GOES TO SIX FEET OR EIGHT FEET. SO THAT'S THE FIRST QUESTION. THE NEXT QUESTION IS, WHY DOES IT HAVE TO BE SOLID VERSUS, UH, 50 49% OPAQUE? TWO QUESTIONS. SO, GO AHEAD. YES. SO THE ANSWER TO EIGHT FEET, I THINK STILL COMES BACK TO THIS GREEN SCREEN AND DIRECTING YOUR ATTENTION TO THE PROPERTY ACROSS OSA, THE, THE GREEN SCREEN THOSE HOLIES CAN GET TO, THEY GROW ABOUT ONE TO TWO FEET A YEAR, AND THEY WILL COMPLETELY COVER THAT WALL. IF I WALK UP TO A SIX, I'M FIVE FEET 10, AND I CAN JUMP OVER A SIX FOOT FENCE. STANDING FLATFOOTED BUCKNER IS, IF YOU GO FURTHER SOUTH ON BUCKNER AND DOWN UNDER THE BRIDGE, IT'S A VERY DIFFICULT AREA. AND SO WE'RE TRYING TO, UM, ENCOURAGE GROWTH IN THIS SPACE. AND SO FROM THE, FROM THE OUTSIDE IN, THERE WILL BE NO VISUAL APPEARANCE OF FOUR, SIX, OR EIGHT SOLID, OPEN, ET CETERA WHEN THIS GREEN SCREEN IS BUILT. UM, AND IT'S GOING TO BE INSTALLED IMMEDIATELY. UM, AND SO I THINK HAVING THAT SAFETY CONCERN FOR THE PEOPLE WHO ARE INSIDE IS, IS CRITICAL. SO I THINK THAT'S ONE. I THINK THE SECOND QUESTION, JUST TO ANSWER YOUR QUESTION AS THERE IS SOME FINALITY, IS FOR INSTANCE, MR. MINHA AND WE, I WENT AND I SAT IN HIS HOUSE FOR THREE HOURS, YOU KNOW, UM, RIGHT AFTER THE PLAT WAS APPROVED BECAUSE HE WAS ADDRESSING HAVING SOME CONCERNS. WE'VE HAD, YOU KNOW, TWO OR THREE OTHER MEETINGS WITH HIM BECAUSE HE IS ADJACENT. AND MY QUESTION TO MR. MINNER, HAUSEN WAS, PHILIP, WHAT WOULD YOU LIKE, HOW CAN I MAKE THIS EASIER FOR YOU? BECAUSE I UNDERSTAND THAT PROGRESS IS DIFFICULT. I APPRECIATE THAT YOU'VE BEEN THERE A LONG TIME. WHAT WOULD YOU LIKE TO SEE ALONG YOUR PROPERTY LINE? AND THAT QUESTION IS STILL OUTSTANDING BECAUSE HE HASN'T TOLD ME. AND I, I TOLD HIM, I SAID, YOU HAVE ONE PROPERTY ADJACENT TO YOU. I'M GOING TO BUILD A SPEC HOUSE THERE, TELL ME WHAT YOU WOULD LIKE, WHETHER IT BE AN OPEN, UH, YOU CAN'T SAY NOTHING. YOU KNOW, THAT'S NOT A COMPROMISE, BUT IF THAT'S AN OPEN IRON EIGHT FOOT FENCE AND SHRUBS OR WHAT IS THAT? WHAT DOES IT LOOK LIKE? AND SO THAT CONVERSATION JUST, YOU KNOW, HAS BEEN HAPPENING. THANK YOU, SIR. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? OKAY, THE CHAIRMAN WOULD ENTERTAIN A MOTION. SO THE PROCESS IS, AS YOU'VE SEEN BEFORE, IS OUR DISCUSSION NOW IS ALL IN THE PUBLIC. SO HERE WE GO. MS. HAY, UH, IT'S, UH, NO, WE WOULD DO IT 14, TWO WEEKS FROM NOW. 18, YES. OKAY. UM, I, LET'S SEE, WHERE AM I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO FIVE DASH 0 0 4 4 HOLD THIS MATTER UNDER ADVISEMENT UNTIL NOVEMBER EIGHT, [02:20:01] 18TH. SORRY ABOUT THAT. I ENTERED SECOND. THIS MOTION. OKAY. IN THE MATTER OF BDA BO OA 2 5 0 0 0 4 4, A MOTION HAS BEEN MADE BY MS. HAYDEN TO HOLD THIS ITEM UNDER ADVISEMENT UNTIL THE NEXT MEETING OF THE PANEL, WHICH IS NOVEMBER 18TH, 2025. MR. FINNEY SECONDED THE MOTION DISCUSSION ON THE MOTION, MS. HAYDEN. OKAY. SO I WAS BETWEEN HOLDING IT OVER AND DENYING IT WITHOUT PREJUDICE. UM, I HELD IT OVER TO GIVE THE APPLICANT THE OPPORTUNITY TO DO SOME MORE WORK ON PUBLIC INVOLVEMENT AND DISCUSSING THIS WITH THE NEIGHBORS. UM, I DON'T FEEL THAT THE APPLICANT, UM, ADEQUATELY, UM, PROVED THAT THIS WILL NOT AFFECT NEIGHBORING PROPERTY, WHICH IS WHAT WE'RE LOOKING AT HERE ALSO. BUT ON THE OTHER HAND, THE CITY REQUIRES AT LEAST A TWO FOOT BARRIER. UM, AND WE DON'T HAVE THAT, YOU KNOW, THAT'S NOT WHAT'S BEING PROPOSED. WHAT'S BEING PROPOSED IS AN EIGHT FOOT WALL. SO, UM, I FEEL LIKE THERE'S SOME COMPROMISE THAT NEEDS TO BE MADE HERE. UM, I DO THINK THAT, YOU KNOW, WE DON'T, IN, IN ADDITION TO THE, YOU KNOW, NOT ADVERSELY AFFECTING NEIGHBORHOOD NEIGHBORING PROPERTY, THE FACT THAT WE DON'T KNOW THE ANSWER TO THAT AT THIS POINT, AND I DON'T FEEL LIKE THAT WAS PROVEN. UM, IT'S JUST NOT ENOUGH INFORMATION ON AESTHETICS OF THIS WALL, ON LANDSCAPING, ON IRRIGATION. THERE'S NOT A LOT OF DETAIL THERE. IT'S, IT'S SEEMS A LITTLE BIT, UM, VAGUE IN MY OPINION. AND I THINK THAT THE, THE NEIGHBORING PROPERTY OWNERS NEED SOME LEVEL OF COMFORT AND SOME, UH, MORE INFORMATION TO BE ABLE TO SUPPORT THIS. UM, AND THAT'S, THAT'S WHY I'M, UH, REQUESTING TO HOLD THIS OVER. UH, THANK YOU MS. HAYDEN. MS. MR. FINNEY. UM, YES, SO I, UH, WILL BE SUPPORTING THIS MOTION, UM, BECAUSE E EVEN THOUGH AT THE BEGINNING OF HEARING THIS CASE, I WAS LEANING TOWARDS SUPPORTING THE VARIANCE, I THINK THAT THE APPLICANTS, UM, MADE A PRETTY STRONG CASE FOR ACTUALLY THE HEIGHT. I'M, I'M NOT AT ALL CONCERNED ABOUT THE HEIGHT. I THINK FROM THE SAFETY STANDPOINT AND FROM, UM, A SOUND BARRIER PERSPECTIVE, I THINK THEY MADE A PRETTY STRONG CASE. UM, BUT WHAT, WHAT REALLY, UH, CONVINCED ME WAS LISTENING TO THE OPPOSITION. UH, IT, IT WAS JUST, IT BECAME VERY CLEAR THAT THIS APPLICANT HAS JUST NOT DONE THE, THE WORK OF ENGAGING WITH THE NEIGHBORS. UM, AND SO, AND I, AND I DON'T THINK THAT THAT'S IN BAD FAITH. UH, MR. BARON, I THINK IT'S VERY CLEAR THAT YOU'VE BEEN ACTING IN GOOD FAITH. I JUST THINK THAT YOU HAVE SOME MORE WORK TO DO. SO, UH, WE WISH THE APPLICANT LUCK AND LOOK FORWARD TO, UH, SEEING YOU IN A COUPLE WEEKS. THANK YOU, MR. FINNEY. UM, I'M STILL CONCERNED ABOUT THE TWO QUESTIONS I ASKED ONE ABOUT EIGHT FEET VERSUS SIX FEET. UM, I'M ALSO CONCERNED ABOUT THE ADJACENCY AND WHAT, WHAT'S GONNA HAPPEN ON THE OTHER SIDE OF THE PROPERTY TO THE WEST AND TO THE NORTH. UM, OUR CRITERIA IS, WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. HMM. BOY, THE JURY'S STILL OUT. UH, ALTHOUGH THERE'S A LOT OF AGAINST, I REALLY FEEL JUST FROM WHAT I'M SENSING, MOST OF THAT IS FEAR. AND WHAT I WOULD SAY TO THOSE THAT ARE LISTENING OR ARE HERE, PLANNING COMMISSION REPLANTED IT ON APRIL 4TH OF 24, THE BARN DOOR ALREADY SWUNG. SO THIS IS THE SETUP OF THIS GEOGRAPHIC AREA. IT'S DONE. ONCE THEY GET THE UTILITIES AND OTHER THINGS, THEN THE QUESTION JUST BECOMES WHAT'S THE EXTERIOR? AND REALLY, THAT'S ALL WE'RE TALKING ABOUT. AND SO, AS NEIGHBORS, TAXPAYERS, PROPERTY OWNERS, THE QUESTION IS HOW DO WE WANT THIS TO LOOK AND FEEL THAT WE'LL BE VALUE ADD, BECAUSE THIS, HOW MANY IS IT? 16, MR. BALDWIN, 16 PLA PLATS, THESE 16 PLATS ARE GONNA HAPPEN. IT'S BEEN APPROVED BY THE PLANNING COMMISSION, BOOM. AND 10 DAYS, UH, UH, UH, YOU KNOW, APPEAL IS OVER. SO NOW THE QUESTION IS JUST WHAT THE EXTERIOR IS GONNA BE, REALLY. AND SO I, WITH THOSE QUESTIONS UNANSWERED, I'M IN AGREEMENT WITH MS. HAYDEN TO POSTPONE BECAUSE, UM, THIS IS A MAJOR CHANGE. BUT AGAIN, I JUST CAN'T TELL YOU ENOUGH. PROPERTY OWNERS, NEIGHBORS, THE PLANNING COMMISSION DECIDED ON APRIL 4TH, 2024, THIS DEVELOPMENT'S GONNA HAPPEN. IF YOU THINK IT'S NOT, I GUESS A COURT COULD INTERVENE, BUT THAT'S NOT OUR JURISDICTION. UM, SO, UH, MS. HAYDEN, I DON'T KNOW, BETWEEN NOW AND THE 18TH OF NOVEMBER, THAT'S ENOUGH TIME TO EFFECTIVELY [02:25:01] HAVE THE ENGAGEMENT THAT IS APPRECIABLE ENOUGH TO, UH, MOVE THE NEEDLE ONE WAY OR THE OTHER. AND I DON'T WANNA MISLEAD ANYONE. LET'S BE VERY CAREFUL. UM, WE REACT BASED ON THE FACTS THAT ARE PRESENTED. WE TRY TO KEEP THE EMOTION OUT OF IT. UM, AND JUST BECAUSE THERE'S OPPOSITION DOESN'T MEAN WE VOTE, VOTE AGAINST IT. SO, UM, A LOT OF, A LOT OF TIMES YOU HEAR OVER TIME, MR. FINNEY WILL SPEAK TO HOW DID YOU ENGAGE THE NEIGHBORS AND NEIGHBORS, MEANING PROPERTY OWNERS. AND PART OF HIS CRITERIA AND OUR CRITERIA IS, OKAY, THE SINCERITY, THE DEPTH, THE WISDOM, AND HOW DID IT AFFECT THE OUTCOME? DOESN'T MEAN IT HAS TO SWING IT, BUT IT HAS TO BE THAT A GOOD FAITH EFFORT IN ENGAGING NEIGHBORING PROPERTY OWNERS. SO, MS. MS. HAYDEN, I JUST DON'T KNOW. I WILL SUPPORT A POSTPONEMENT. I DON'T THINK WE NEED TO DENY 'CAUSE THAT'S DIFFERENT, BUT, UH, BUT I JUST DON'T KNOW IF THE 18TH OF NOVEMBER IS GONNA GIVE US ENOUGH TIME. THE OTHER OPTIONS WOULD BE JUNE, IF WE, IF WE CALLED A MEETING IN DECEMBER, IT'D BE DECEMBER 16TH. I'M NOT SUGGESTING INCIDENT. OR WE GO ALL THE WAY TO JANUARY AND IT'S JANUARY 20TH. SO THOSE ARE THINGS THAT I WANT, I WOULD APPRECIATE YOU ALL CONSIDERING. I'M GONNA GO TO MR. SAUK, THEN BACK TO YOU, MR. SA. OKAY. UM, QUESTION, UH, THE MOTION THAT'S ON THE FLOOR, HOW MANY VOTES DOES IT REQUIRE TO PASS? THREE. OKAY. ALRIGHT. UM, LET ME EXPLAIN THAT TO EVERYONE. MOTIONS TO DENY IS THREE. MOTIONS TO POSTPONE IS THREE. MOTIONS TO APPROVE IS FOUR. THAT'S STATE STATUTE, THAT IS THE STATE LEGISLATURE SAYS 75%. WE ONLY HAVE FOUR MEMBERS HERE. MR. HOPKOS HAD TO, HAD TO LEAVE. SO IT HAS TO BE FOUR OR FOUR IN ORDER FOR, FOR US TO APPROVE ANYTHING. SO THE ANSWER IS THREE. OKAY. UM, I'M NOT, I WAS INCLINED, UH, AND IF I HAD MADE A MOTION, I WOULD'VE MADE A MOTION TO GRANT. UM, I THINK, UM, MR. BALDWIN AND, UH, MR. BARRON HAVE PRESENTED THE INFORMATION. I THINK THEY'VE MADE AN ATTEMPT TO TALK TO THE NEIGHBORS. UM, I DON'T KNOW WHETHER POSTPONING IT TWO WEEKS, FOUR WEEKS, SIX MONTHS, 19 MONTHS IS GONNA MAKE ONE BIT OF DIFFERENCE. SO I THINK WE'RE AT THE POINT WHERE IT'S EITHER A GRANT OR DENY AND, AND MOVE ON, BECAUSE I DON'T THINK THAT THERE'S, I DON'T THINK ANYTHING'S GONNA CHANGE NO MATTER HOW FAR YOU POSTPONE. THANK YOU, SIR. OTHER DISCUSSION? UM, I MR. FINN? YES, MR. CHAIR. THANK YOU. . FORGIVE ME. UM, I, UM, I DISAGREE. I, UM, I, I, I, I HEAR MY COLLEAGUES' SENTIMENTS AND I, I UNDERSTAND THE LOGIC, BUT, UM, I THINK THE, THE GOAL HERE IS NOT WINNING ANY OF THESE PEOPLE OVER IN THE AUDIENCE FOR THE CLIENT AT THIS POINT. I THINK THE GOAL HERE IS THE CLIENT, UH, DOING A THOROUGH JOB OF ENGAGING THE COMMUNITY, YOU KNOW, AND SO I THINK WHATEVER IT TAKES, UH, MR. BARON TO GET MORE THAN SEVEN PEOPLE AT YOUR NEXT MEETING, UM, I THINK THAT WOULD BE MY GOAL, UM, IS TO TALK TO AS MANY PEOPLE IN THE COMMUNITY AS POSSIBLE, REGARDLESS OF THE OUTCOME. THE, THE, YOU KNOW, THE, THE OUTCOME IS REALLY NOT WHAT MATTERS HERE. WHAT WHAT MATTERS HERE IS, UM, UH, ACTING IN GOOD FAITH. AND THANK YOU, MR. FINNEY, MS. HAYDEN. I, I AGREE AND I, I, YOU KNOW, DISAGREE WITH MR. SAUK IN THAT, UM, THINGS WON'T CHANGE, UM, WITHOUT MORE INVOLVEMENT. I THINK THEY WILL. AND I THINK THERE ARE SOME, SOME COMPROMISE THAT CAN BE MADE THAT WILL LESSEN THE IMPACT OF THIS. OBVIOUSLY, SOMETHING HAS TO BE DONE FOR THIS PROPERTY TO BE DEVELOPED. THE FACT THAT A PERMANENT PRELIMINARY PLAT HAS ALREADY BEEN APPROVED AND THERE HAS TO BE A BARRIER ON BUCKNER. UM, BUT IT DOESN'T NECESSARILY HAVE TO BE AN EIGHT FOOT BARRIER. IT DOESN'T HAVE TO BE AN EIGHT FOOT BARRIER ALONG MOSA. I MEAN, I THINK THERE ARE THINGS THAT CAN BE DONE TO, UH, IMPROVE THIS DESIGN THAT WILL, UM, DEFINITELY LESSEN THE IMPACT OF THE ADVERSE IMPACTS ON NEIGHBORING PROPERTY. MS. HAYDEN, ARE YOU STILL OF THE OPINION OF JUST POSTPONING THIS TO THE 18TH OR MOVING IT TO THE 16TH OF DECEMBER? AND BEFORE YOU ANSWER THAT, OR THE 16TH OF DECEMBER, OR THE 20TH OF, OF JANUARY, THOSE ARE WOULD BE OUR NORMAL MEETING DATES. AND BEFORE YOU ANSWER THAT QUESTION, MR. BALDWIN, THE QUESTION WOULD BE WHETHER YOU [02:30:01] REPRESENTING THE APPLICANT BASED ON WHAT YOU'RE HEARING TODAY, WHETHER TWO WEEKS IS ENOUGH TIME TO MAKE, AS MR. FINNEY SAID, MEANINGFUL, SINCERE ENGAGEMENT. I'LL HAVE TO, I'LL HAVE TO DEFER TO MR. BARON ON THAT. I KNOW HE'S TRAVELING AND HE'S DOING HIS OWN NEIGHBORHOOD OUTREACH ON THIS. SO, UH, JEFF, IF YOU'RE STILL ON, I DON'T TO SEE THAT HE'S STILL ON. YES. OKAY. NO, I'M, I'M SORRY, I JUST TURNED MY CAMERA OFF WHILE I WAS LISTENING, BUT, UM, WE, WE HAVE CLOSE CONTACT WITH THE PRESIDENT AND VICE PRESIDENT. SO I WOULD ASK, I, I FEEL, UM, COMFORTABLE KNOWING THE PASSION BEHIND SOME OF OUR SUPPORTERS AND JUST WITH THE DATE CHANGE OF THIS MONTH THAT WE COULD GET SUPPORT FOR THE NOVEMBER DATE. AND, UM, ALSO BE ABLE TO COMMUNICATE MORE EFFECTIVELY THE OUTREACH THAT WE'VE ALREADY DONE. AND ALSO TO THE PEOPLE SEEING THAT ROOM, WE WILL REACH OUT TO YOU AND, AND OPEN UP ANOTHER FORUM IF THE DATE IS PROPO POST OR POSTPONED, UM, AND BE FLEXIBLE WITHIN THEIR SCHEDULES TO MAKE THAT HAPPEN. OKAY. REALLY THINK YOU CAN HIT, UH, NO, I'M LOOKING AT YOU, MR. BALDWIN, YOU'RE THE EXPERT IN THE ROOM. YOU REALLY THINK YOU CAN ACHIEVE LOOKING IN HIS WATCH. YOU CAN ACHIEVE BY THE 18TH. MY BOARD ADMINISTRATOR JUST, UH, ADVISED ME OF GO AHEAD, MS. BOARD ADMINISTRATOR RELATING TO THE 18TH OF NOVEMBER. SO WE DO HAVE TO SEND OUT, IT WILL HAVE TO BE RENO AND THOSE NOTICES WILL GO OUT, UM, TOMORROW, , UM, AS FAR AS IF THEY MAKE, IF YOU GUYS MAKE ANY CHANGES TO THE PLANS OR IF YOU WANT TO INCLUDE ANYTHING BEYOND WHAT WE ALREADY HAVE, AND FOR THE DOCKET, IT'LL NEED TO BE IN BY FRIDAY, BY NOON THIS FRIDAY. SO, AND THERE'S NO GANG UP EFFECT HERE. IT'S JUST, I DON'T WANT HER TO HAVE A TURN TO THEN COME TWO WEEKS FROM NOW AND NOT ACHIEVE THAT. SO, MR. BARON, I HOPE YOU'RE LISTENING. MR. BALDWIN, YOU'RE REPRESENTING HERE IN THE ROOM. MS. HAYDEN'S MOTION WAS GOOD FAITH TO JUST MOVE IT TO THE NEXT MEETING. THE QUESTION IS WHETHER REALLY, OKAY, SO I'LL LEAVE IT TO YOUR OWN FATE. AND, AND NOW HOLD THAT THOUGHT. MS. HAYDEN, DID YOU WANNA SAY ANYTHING ELSE? YOU WANTED TO WAIT TO HEAR WHAT HE HAS TO SAY? , I'M GONNA HAVE TO DEFER MR. BARON. I DON'T KNOW HIS SCHEDULE, UH, BECAUSE I DO KNOW HE IS OUT OF TOWN TODAY. SO, JEFF, CAN WE GET THINGS DONE IN TWO WEEKS? TWO WEEKS FROM TODAY? THAT MEAN HAVE, HAVE MEETINGS? I, I'M NOT, I'M NOT, I'M NOT IN THE ROOM. COULD YOU TURN AROUND AND JUST SEE IF THE PEOPLE IN OPPOSITION WOULD BE ABLE TO GET TOGETHER AND PROVIDE TWO TIMES IN THE NEXT TWO WEEKS FOR US TO TALK? IF YOU SEE NODS, THEN I WOULD SAY YES. IF YOU SEE NOS, THEN I WOULD SAY NO. I, I, I JUST, THEY SAY NO, THEY CANNOT MEET IN THE NEXT TWO WEEKS. THEY SAID NO. RIGHT. OKAY. SO I, I, I'M, OKAY. I, I'M KIND OF SIMILAR TO MR. SAUK AND THAT IS, I WAS LEANING TO APPROVING, BUT YOU CAN TELL YOU DON'T HAVE FOUR VOTES TODAY. AND EVEN IF MR. HOVIS WAS STILL HERE, I DON'T KNOW IF YOU'D HAVE FOUR VOTES. I'M JUST COUNTING NOSES. I'M JUST COUNTING NOSES. SO, YOU KNOW, WE'RE GETTING TO, UH, TO THE CHRISTMAS TIME AND, AND THE RED, RED NOSE REINDEER. I'M COUNTING NOSES. I DON'T THINK I COUNT TO FOUR. UM, THE, I THE IDEA OF THE 18TH WAS THAT OUR NEXT MEETING, YOU'RE NOW HEARING FROM BEHIND YOU THEN. SO DID YOU WANNA CHANGE YOUR OPINION ABOUT WHETHER THE 18TH IS A DOABLE DAY? WELL, I CAN GUARANTEE THAT IF THE NEIGHBORS CAN'T MEET WITH, BETWEEN NOW AND THEN, WE'RE NOT GONNA MAKE PROGRESS WITH NEIGHBORHOOD OUTREACH BETWEEN NOW AND 18. SO, AND GUYS, THIS IS NOT BLACKMAIL. I DON'T, I I'M TALKING TO THE NEIGHBORS NOW. DON'T DO THAT. IT'S GOOD FAITH, BOTH DIRECTIONS. OKAY. WELL, I THINK DECEMBER, IT'S, IT'S THE, THE REASONABLE, OKAY, MS. HAY, IF Y'ALL, SO MY, MY ONLY CONCERN WITH THE DECEMBER MEETING IS AGAIN, WE'RE RIGHT IN THE MIDDLE OF THE HOLIDAYS. I MEAN, WE'RE, WE'RE AT THANKSGIVING, WE'RE AT CHRISTMAS, AND MY THOUGHT WOULD BE TO POSTPONE IT TILL THE JANUARY MEETING, JANUARY 20TH. I KNOW THAT'S, THAT'S SOME TIME FOR YOU TO WAIT, BUT IT'S, IT'S STILL GIVES YOU MORE TIME, UM, TO, TO READDRESS SOME OF THE ISSUES THAT WE'VE BROUGHT UP. AND, UM, AND THEN YOU'RE NOT RUNNING INTO, OH, I COULDN'T GET IN TOUCH WITH THE NEIGHBORS BECAUSE IT WAS THE HOLIDAYS AND EVERYONE WAS TRAVELING. YEAH, I UNDERSTAND THAT THE MOTION ON THE FLOOR IS TO POSTPONE IT UNTIL NOVEMBER 18TH. DID YOU WANNA AMEND YOUR MOTION? I WOULD LIKE TO AMEND MY MOTION. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO FIVE DASH 0 0 0 4 4 HOLD THIS MATTER UNDER [02:35:01] ADVISEMENT UNTIL JANUARY 20TH, 2026. I ANDREW FINNEY SECOND MS. MOTION. OKAY. A MOTION HAS BEEN MADE BY MS. HAYDEN AND SECONDED BY MR. FINNEY IN BO OA 2 5 0 0 0 0 4 4 TO HOLD THIS ITEM OVER TO JANUARY 20TH, 2026. LET ME MAKE SURE THAT IS OUR MEETING DATE, MS. WILLIAMS. IS IT NOT? I THINK IT'S, WE JUST APPROVE. YES, IT IT IS THE 20TH. OKAY, SO THAT MOTION'S ON THE FLOOR. DISCUSSION ON THE MOTION. MS. HAYDEN, I THINK WE'VE ALREADY TALKED ENOUGH ABOUT THAT. . MISS, I GOTTA GO THROUGH THE MOTION. I GOTTA HAVE LET, HAVE A CHANCE TO SPEAK. MR. FINNEY. MY COMMENTS STAND. OKAY, MR. SAY, OKAY. UH, I, I THINK IT'S THE WILL OF THE BOARD TO POSTPONE. UM, I'M STILL KIND OF IN MR. EK'S CAMP THAT I DON'T KNOW HOW MUCH IS GONNA CHANGE. I CANNOT TELL THE PUBLIC AGAIN, THE PLANNING COMMISSION APPROVE THE PRELIMINARY THAT APRIL 4TH, 2024. NOW THAT IS ENFORCE US TO DO SOMETHING, BUT THEY SET THE ROADMAP. SO JUST BE AWARE OF THAT. ALRIGHT. UM, THE BOARD SECRETARY WILL CALL THE VOTES. MR. SAUK? NO, MR. FINNEY. AYE. MS. HAYDEN AYE, MR. CHAIRMAN ? WELL, I WANNA, I'M IN AGREEMENT WITH MR. SA, BUT THAT WOULD KILL IT 'CAUSE THEN THE MOTION WOULD FAIL. SO I'M GONNA GO AHEAD AND HAVE AN ARM TWIST AND SAY I, I'LL VOTE. AYE, BUT I, I WANNA EMPHASIZE TO ALL INVOLVED BE CONSTRUCTIVE ABOUT THIS. AND REMEMBER, THE PLANNING COMMISSION APPROVE THE PLAT ON THE 4TH OF APRIL, 2024. UH, I, I VOTED YES. MOTION TO HOLD PASSES THREE TO ONE. THE MOTION TO APPROVE. MOTION TO UPHOLD OVER TILL JANUARY 20TH AND 26TH AS APPROVED. THREE TO ONE. THANK YOU. BELIEVE ME. WE'LL SAVE, SAVE ALL OUR DOCUMENTS. OKAY, NEXT ITEM ON THE AGENDA IS BO OA 2 5 0 0 0 0 4 6. THIS IS AT 99 99 MEADOWBROOK DRIVE IS THE APPLICANT HERE FOR A SECOND TIME? . THANK YOU. THANK YOU. ALL RIGHT. YES, MY, UM, MS. BOARD ATTORNEY ONE SECOND. MR. CROWLEY, UH, IF WE PULLED ONE OVER, THEY ALL GET HELD CORRECT? THAT IS CORRECT. IT IS ALL ONE MATTER. OKAY. YES, YOU GOT THAT? OKAY, GOOD. ALRIGHT. HOLD ON ONE SECOND. YES. OKAY. THIS IS GONNA GO LIKE THIS. THIS IS GOING LIKE THIS, OKAY. BO 8 2 5 0 0 0 0 4 6 AT 99 99 MEADOWBROOK DRIVE. PLEASE INTRODUCE YOURSELF. YOU'VE ALREADY BEEN SWORN IN. YES. OH, YOU HADN'T BEEN YET. OKAY, PLEASE. GOOD AFTERNOON, MR. CARLEY. AND DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PROCEED SIR. UM, , IT COULD HAVE BEEN APPLIED TO OTHER CASES THAT WE HEAR, I SAID COULD HAVE. [02:42:28] YOU'RE TALKING ABOUT 52 22 WALNUT HILL. OKAY. IT HAS A DIFFERENT LEGAL ENTITY. THIS SAYS WALNUT MEADOWBROOK PROPERTIES. LLC. WALNUT MEADOWBROOK. OKAY. THANK YOU SIR. DO WE HAVE ANY OTHER SPEAKERS ON, UM, 46 MS. WILLIAMS? NO, THE SPEAKERS. OKAY. THE CHAIR. ANY QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION. MR. SAUK, I MOVE THAT THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BO A TWO FIVE DASH 0 0 0 0 4 6 ON A APPLICATION OF CRYSTAL LIMUS GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BO A 2 5 0 0 0 0 4 6. MR. SAUK HAS MOVED TO GRANT THE REQUEST FOR AN EIGHT FOOT HIGH FENCE SPECIAL EXCEPTION. IS THERE A SECOND? I ANDREW FINNEY SECOND. THE MOTION SECONDED BY MR. FINNEY DISCUSSION ON THE MOTION, MR. SAUK? UH, YES. UM, I DON'T THINK THERE'S ANY, UH, EVIDENCE THAT THIS WOULD, UH, ADVERSELY AFFECT, UH, NEIGHBORING PROPERTY, UH, AND ALL OF THE ARGUMENTS WHY YOU WOULD WANT TO PUT THIS WALL IN, UH, MAKE SENSE TO ME MR. FINNEY? I APPRECIATE THE APPLICANT, UH, MAKING AN EFFORT AT BRINGING RECEIPTS TO JUSTIFY THE EIGHT FOOT WALL, UM, WITH THE SOUND ATTENUATION DATA. UM, I THINK MORE OF THAT KIND OF DATA HELPS, [02:45:01] UM, HELPS US TO MAKE A, AN OBJECTIVE DECISION ABOUT WHETHER OR NOT IT'S NEGATIVELY AFFECTING PEOPLE. UM, BUT IT ALSO, I THINK, YOU KNOW, YOU CAN'T ARGUE WITH FACTS, SO APPRECIATE THAT. THANK YOU MR. FINNEY. ANY, YOUR DISCUSSION ON THE MOTION? HEARING NONE, THE BOARD SECRETARY WILL CALL THE VOTE. MS. HAYDEN? AYE. MR. FINNEY? AYE. MR. SAUD? AYE. MR. CHAIRMAN? AYE. MOTION TO GRANT PASSES FOUR TO ZERO IN THE MATTER OF BO OA TWO FIVE DASH 0 0 0 4 6. THE BOARD UNANIMOUSLY HAD A VOTE OF 40 ZERO GRANTS, THE REQUEST FOR AN EIGHT FOOT HIGH SPECIAL EXCEPTION. THANK YOU SIR. NEXT ITEM ON THE AGENDA IS, UH, BO A 25 DASH 0 0 0 4 2. THIS IS AT 46 0 9 FOREST LANE, 46 0 9 FOREST LANE. IS THE APPLICANT HERE? YES, SIR. YOU'VE BEEN SWORN IN ALREADY, SO WE'LL CONTINUE ASSUMING YOU'RE SWORN IN, IF THAT'S OKAY. THAT'S FINE WITH ME. OKAY. ALRIGHT, MS. WILLIAMS, WHAT SPEAKERS DO WE HAVE FOR THIS CASE? THIS IS 42. I HAVE TWO SPEAKERS IN FAVOR OR OPPOSED? UM, IN FAVOR. OKAY. ALL RIGHT. IT'S ME AND THE PROPERTY. OH, OKAY. SO IT'S ONE AND THE SAME. ALL RIGHT, THAT'S FINE. ALL RIGHT, GOOD. ALRIGHT, SO, UM, PROCEED. THANK YOU VERY MUCH. UM, THIS IS VERY SIMILAR TO THE, THE CASE THAT YOU JUST HEARD. UH, NEXT SLIDE PLEASE. SO WE'RE ON, UH, FOREST LANE RATHER THAN WALNUT HILL. UH, JUST JUST WEST THE TO WAY. NEXT SLIDE PLEASE. SO WE'RE ON THE CORNER, LOT OF WELCH AND FOREST LANE. UH, THERE'S APPROXIMATELY 27,000 CARS A DAY THAT GO PAST, PAST THIS PROPERTY. SIX LANE DIVIDED. WE HAVE POCKET DAY, THE SOUTH OF IT. BUT AS YOU KNOW, IF YOU'RE FAMILIAR TO THIS AREA, WELCH IS A VERY ACTIVE NORTH SOUTH STREET. IT CONNECTS BASICALLY FOREST LANE ALL THE WAY DOWN TO TO ROYAL. MY CLIENTS OWN THE PROPERTY IN THE CORNER. THAT'S THE ONE WE'RE TALKING ABOUT TODAY. UH, THE PROPERTY RIGHT NEXT DOOR, THEY ALSO OWN. AND THIS CAME THROUGH, UH, PANEL B, UH, TWO WEEKS AGO. AND IT WAS APPROVED, UH, IS A COMPANION. THE PROP, THE REASON THE COMPANION CASE IS THE PROPERTY'S NOT BEEN PLA TOGETHER YET. AND SO THE, THE CITY DOES BOARD OF ADJUSTMENT CASES PER ADDRESS. AND SO WE HAVE TWO ADDRESSES, TWO BOARD, UH, TWO DIFFERENT HEARINGS. UH, NEXT SLIDE PLEASE. SO WE ARE ASKING FOR AN EIGHT FOOT SOLID FENCE. UH, YOU CAN SEE, UH, THIS IS LOOKING TOWARDS OUR SITE. WE HAVE FENCES, SOLID FENCES. UH, AS COMMISSIONER SCHACK POINTED OUT, UH, IF YOU'RE NOT FRONTING ON THE HOUSES THAT DO NOT FRONT ON FOREST LANE SIDE OR REAR OR BACK TO 'EM, AND THEY HAVE SOLID FENCES, GENERALLY ANYWHERE BETWEEN SIX AND EIGHT FEET TALL. OFTENTIMES THEY'RE BEHIND LANDSCAPING LIKE YOU SEE TO THE, THE WEST HERE ON THE LEFT HAND SIDE. NEXT SLIDE PLEASE. SO, UH, THE SUBJECT PROPERTY HERE RIGHT ACROSS FROM POCKET A SCHOOL, UH, THE HOUSE FRONTS ON FOREST SIDES ONTO TO WELCH, AS DO THE HOUSES UP AND DOWN WELCH. SO THEY HAVE SIX TO EIGHT FOOT SOLID FENCES AND SIDE YARD FENCES. WE'RE, WE'RE ASKING FOR A FENCE ALONG, UH, ALONG FOREST LANE. UM, DUE TO TO TRAFFIC SITE SAFETY, UH, CLIENTS WERE TELLING ME THE PEOPLE, UH, OFTEN COME ONTO THE PROPERTY AND ACTUALLY WHEN THE TRAFFIC BACKS UP IN THE LIGHT, THEY ACTUALLY DRIVE THROUGH THE PROPERTY TO GET ONTO WELCH. UH, WHICH SURPRISED ME. BUT, UH, AS MR. CROWLEY POINTED OUT, UH, AN EIGHT FOOT FENCE DOES A LOT TO REDUCE THE SOUND VOLUME AND BEING ON THE CORNER HERE, AS I TALKED ABOUT IN MY PREVIOUS CASE, THIS IS WHERE CARS ACCELERATE AND DECELERATE, AND THAT'S WHERE YOU GET MORE NOISE, UH, THAN YOU WOULD IF YOU'RE JUST, UH, A PLACE WITH NO CAR TRAVELED OR ACCELERATED. NEXT SLIDE PLEASE. AGAIN, THIS IS THE SUBJECT PROPERTY. UH, THE FENCE WILL GO BEHIND THE EXISTING, UH, I HATE TO INTERRUPT, IS THAT A DRIVEWAY THAT I SEE THERE TO YOUR PROPERTY OR THE ONE NEXT DOOR? I'M CONFUSED. THOSE ARE OUR TWO PRO, THOSE ARE OUR TWO DRIVEWAYS. OH, TWO DRIVEWAY. ONE WAS IN THE CASE THAT WAS APPROVED AND YEP. AND B UH, UH, COMMISSIONER B AND THAT THE OTHER DRIVEWAY UNDER OUR PROPERTY. OKAY. AND THOSE WOULD BE MAINTAINED. NEXT SLIDE PLEASE. SO, EIGHT FOOT, TWO INCH TALL FENCE. THAT'S TO THE VERY TOP THAT THE PANEL COULD BE EIGHT FEET. UM, [02:50:01] THE SOLID MASONRY IN THIS CASE WOULD BE STUCCO TO MATCH THE HOUSE. TO, TO GIVE YOU KIND OF AN IDEA, THIS, THIS IS GONNA BE A, A, A WELL PROPORTIONED HOUSE, UH, WITH, UH, THE FIRST FLOOR, APPROXIMATELY, DID YOU SAY 30 FLOOR HEIGHT? SO THE FENCE IS GONNA BE KEEPING WITH THE HOUSE. IT'S NOT GONNA BE A FORTRESS. IT'S GONNA COMPLIMENT THE DESIGN OF THE HOUSE, NO ENCROACHMENTS AND SITE VISIBILITY TRIANGLES. UM, IN FACT, THAT IS COMPANION TO, UH, CASE 0 0 0 4 3. THAT WAS . NEXT SLIDE PLEASE. SO THIS, THIS SHOWS, UH, THE LOCATION OF THE FENCE IN THE YELLOW, REMOVING THE VISIBILITY TRIANGLE. AND WE TURN THE CORNER. ONCE WE GET PAST THE 45 FOOT, UH, FRONT YARD SETBACK, THEN THE, THE VARIANCE IS NOT REQUIRED ANYMORE FOR THAT PORTION OF THE FENCE BECAUSE THAT BECOMES A SIDE DRIVE AT THAT POINT. UM, THE FENCE IS SET BACK AT THE DRIVEWAY, NO VISIBILITY TRIANGLE ENCROACHMENTS, AND, UH, MEETS ALL THE CITY REQUIREMENTS FOR THAT. NEXT SLIDE PLEASE. AND THIS IS A, A BLOW UP SHOWING HOW YOU ENTER THIS DRIVEWAY AND THEN ENTER INTO THE PROPERTY NEXT DOOR AS WELL. NEXT SLIDE, PLEASE. AND I, I, I FIND THE ATTRACTIVE GATE, UH, AND, UH, ENTRY FEATURES WITH, UH, AGAIN, THIS WILL BE SET BACK PROPERLY. FENCE ITSELF IS GONNA BE ABOUT 15 FEET OFF THE CURB LINE. AND THIS WILL BE SET BACK AN ADDITIONAL EIGHT FEET FROM THAT. SO, UM, THIS IS NOT UNCOMMON TO FIND HOMES THAT BACK OR SIDE ONTO FOREST LANE TO HAVE THE, UH, SOLID WALLS. THERE'S NOT A WHOLE LOT OF HOUSES THAT STILL FRONT ON THE FOREST LANE. IF YOU ARE FAMILIAR WITH THE AREA, A LOT OF PEOPLE TAKE THE BIGGER LOTS, THEY BREAK 'EM INTO SHARED ACCESS DEVELOPMENTS AND THEN THAT, THAT WHAT WAS A FRONT YARD INTO A SIDE YARD. AND, UH, THE HOUSES ARE ACCESSED OFF OF A SHARED DEVELOPMENT ON THE STREET. UH, I HOPE THAT WE SUPPORT THIS. WE DO HAVE OUR, UH, MY PROPERTY OWNERS HERE, IF YOU'D LIKE TO SPEAK WITH THEM. UM, THEY'VE ACTUALLY BEEN HERE TWICE SINCE, UH, THEY, THEY GOT TO COME TO THE, THE PENALTY. UH, THANK YOU VERY MUCH FOR YOUR TIME AND I HOPE YOU CAN SUPPORT THIS REQUEST. THANK YOU. MR. BALDWIN. QUESTIONS FOR THE APPLICANT? MR. SA, UM, MR. BALDWIN, ARE YOU COMBINING GONNA REPL AND COMBINE THE TWO LOTS? THAT, THAT'S THE, UNDER MY UNDERSTANDING NOW GUESS. OKAY. BUT THEY'RE NOT PLANS YET FOR WHAT'S GONNA BE BUILT ON THE TWO DOS YET? NO. OKAY. BUT THERE ARE, SO I HEARD YOUR ANSWER AND I HEARD YOUR OWNER SHAKE THEIR HEAD NO. SO WHICH IS IT? WELL, YEAH, YEAH. HEY, YOU'RE GONNA HAVE TO RAISE YOUR RIGHT HAND AND S SWEAR BEFORE MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH OF YOUR TESTIMONY TO THE BOARD OF THE ADJUST? I DO. OKAY. PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS MICHAEL WASSERMAN. I'M AT 46 0 9 FOREST LANE IN DALLAS, TEXAS. AND, UM, JUST JUST TO CLARIFY THAT, THAT ANSWER, WE WILL NOT BE RE PLATTING, UH, BECAUSE THE, WE, WHEN WE RAN THE TRAPS WITH THE PLANNING AND ZONING COMMITTEE, UM, THEY SAID THAT THEY WOULDN'T, THEY, THEY DIDN'T LIKE, THEY DIDN'T WANNA REPL IT. WE'RE STILL GONNA MAKE IT ONE CONTIGUOUS PROPERTY. IT JUST WON'T BE ACTUALLY RE PLATTED. YOU WON'T BE ABLE TO BUILD ACROSS THE PLAT LINES THOUGH? UH, THAT'S CORRECT. YEAH. OH, OKAY. THAT, THAT'S CORRECT. YEAH. THERE WILL NOT BE A BUILD ACROSS THE PIPELINE. YOU'RE CORRECT. WELL, THIS IS YOUR QUESTION. I DON'T WANNA INTERRUPT. DID THAT ANSWER YOUR QUESTION? I AGREE. I'M, I'M CURIOUS ABOUT THESE DRIVEWAYS, UM, I'S INTERESTING AND EVERY CASE WE DECIDE BASED ON THE FACTS PRESENTED INDIVIDUALLY AT THE PREVIOUS CASE I AM WAS EMPHATIC SAYING THE PLANNING COMMISSION ACTED, THEY REPLANTED INTERESTING ENOUGH, IN THIS CASE THEY DIDN'T WANT TO. SO IT'S NOT NECESSARILY, BUT ANYWAY, I CAN SEE 'CAUSE THAT WOULD BE ONE SUPER LOT. NO, WE, WE DIDN'T GO TO PLAN COMMISSION AT ALL. YEAH. WE, WE ACTUALLY DECIDED ON OUR OWN THAT IT WAS MORE ADVANTAGEOUS NOT TO REPL BECAUSE OF HOW WE'RE DESIGNING EVERYTHING. OKAY. THE DESIGNS ARE DONE, EVERYTHING, BUT YOU CERTAINLY CAN'T BUILD ACROSS THE BUILDING A, A, A PLATTED LINE. THAT'S CORRECT. OKAY. AND, AND WE'RE NOT, BUT ACTUALLY, AFTER HAVING LOOKED AT REPL VERSUS NOT REPL, WE ACTUALLY DECIDED WE DID NOT WANNA REPL, UM, BECAUSE IT WAS JUST MORE ADVANTAGEOUS TO US. OKAY. SO I IT WAS ACTUALLY A, A FINANCIAL DECISION. OH, THAT'S, THAT'S YOUR BUSINESS. THAT'S YOUR BUSINESS. AND, AND ALL THE PLANS ARE DONE. ENGINEERING, EVERYTHING IS DONE. SO WE'RE OKAY. DID YOU WANT TO ASK YOUR FOLLOW UP QUESTION, MR. SAUK, AS IT RELATES TO THE DRIVEWAYS? ? NO, [02:55:01] . SO, UM, CAN YOU EXPLAIN WHAT'S GOING ON WITH THE TWO DRIVEWAYS? ARE YOU JOINING THE DRIVEWAYS AND MAKING LIKE A CUL-DE-SAC? UH, WELL, OR A, UM, A CIRCULAR DRIVE IS WHAT I MEANT TO SAY. THERE. THERE IS. SO THERE, THERE'S, THERE'S GONNA BE FOUR ENTRY POINTS INTO THE PROPERTY. SO AGAIN, IT'S A CONTIGUOUS PROPERTY FOR ALL INTENTS AND PURPOSES. IT JUST, THERE WON'T, LIKE, LIKE YOU SAID, UM, MR. CHAIRMAN, IT WE'RE WHAT WE'RE NOT, UM, BUT WHAT WE'RE NOT BUILDING ON THAT PROPERTY LINE. BUT THERE'LL BE AN ENTRY AND THEN THREE OTHER ENTRIES. OKAY. SO THERE'S THE ONE ON WELSH THERE, THE TWO ON FOREST THAT ARE GONNA BE OUR SHOOT. THAT'S CORRECT. AND THEN WHERE'S THE FOURTH ONE? SO THE FOURTH ONE IS ACTUALLY IN THE ALLEYWAY BECAUSE WHEN WE, YOU, UH, AROUND WHEN SCHOOL LETS OUT, WELCH GETS STACKED UP. AND SO WHAT WE WERE THINKING OF HAVING IS AN ENTRY IN THE ALLEYWAY TO HELP MY WIFE GET IN, UH MM-HMM . SNEAK IN THROUGH THE ALLEYWAY. 'CAUSE IT'S JUST, THERE'S SO MANY CARS AND THAT, THAT IS WHY WE, AT THE END OF THE DAY, WE, YOU KNOW, THERE'S, THERE'S THE SAFETY CONCERN, BUT THERE'S A LOT OF NOISE AND THERE'S A LOT OF CARS. AND SO WE REALLY JUST WANNA BLOCK THAT OFF. GOT IT. OKAY. THANK YOU. THANK, THANK YOU. OTHER QUESTIONS FOR THE APPLICANT, MS. HAYDEN? UM, SO MR. BALDWIN, COULD YOU GO BACK TO THE PHOTOGRAPH THAT SHOWS THE, THE LANDSCAPING ALONG FOREST AND WHERE THAT FENCE IS GONNA GO? I JUST WANNA GET AN IDEA OF HOW FAR BACK IT'S GONNA GO. THERE WAS A PICTURE. SURE. I THINK, UM, I'M NOT IN CONTROL OF IT. SO, OF RICHARD THOMPSON, I'M JUST TRYING TO GET AN IDEA OF WHERE THAT FENCE WILL GO AESTHETICALLY, YOU KNOW, WHAT, WHAT IT WILL LOOK LIKE. SO, UM, AS HE'S PULLING UP OKAY, YOU GO OKAY. FROM THERE, UM, IF YOU LOOK THERE, UH, YOU SEE THE DRIVEWAY WHERE THE SITE VISIBILITY TRIANGLE IS. SO YOUR, THE FENCE IS, THAT TELLS ME THE FENCE IS AT LEAST 20 FEET OFF THE CURB LINE, UH, BECAUSE IT'S, THERE'S NO ENCROACHMENTS INTO THERE. AND THEN THE GATE ITSELF WOULD BE A, A ANOTHER EIGHT FEET BEHIND THAT. SO OUR, OUR FENCE IS WAY OFF THE, THE, THAT THE STREET. SO IT'S 20 FEET FROM THE EDGE OF THE ENC CURB. YEAH. OKAY. OKAY. THANKS. OTHER QUESTIONS FOR THE APPLICANT, MR. FINNEY? YES. UM, SO, UM, BACK TO THE DRIVEWAY. UM, SO I JUST WANNA CLARIFY, UM, THE, THE DRIVEWAY AS YOU HAVE IT DRAWN IN THIS, UH, PROPOSED, UH, DRAWING, UH, IS REALLY FAR FROM THE EXISTING HOUSE. SO I'M ASSUMING YOU'RE PLANNING TO REBUILD WHAT'S THERE. OKAY. OKAY. JUST, JUST CURIOUS. UM, AND THEN, UM, I WAS CURIOUS, UM, WHAT IS, YOU MADE A COMMENT ABOUT HOW IT'S NOT A COMPOUND BECAUSE THE, THE WALLS OF THE PROPOSED STRUCTURE TO BE BUILT ARE 30 FEET TALL. UM, HOW DOES THAT CHANGE WHETHER OR NOT THE PROPOSED, UH, FENCE HEIGHT IS, MAKES IT A COMPOUNDER OR DOESN'T? I, I THINK THAT IF YOU HAD A ONE STORY HOUSE, UH, MAYBE, YOU KNOW, 20 FEET TALL AND THEN YOU HAD A A EIGHT FOOT WALL IN FRONT OF THAT, IT WOULD LOOK MORE IMPOSING THAN IF YOU HAD AN EIGHT FOOT WALL, UH, IN FRONT OF A HOUSE THAT IS 36 FEET TALL WITH 30 FOOT FOOT FIRST FLOOR FARM. OKAY. SO YOU'RE, YOU'RE JUST TALKING ABOUT THE, I'M TALKING ABOUT THE PROPORTIONS YEAH. AND THE PERCEPTION FROM THE STREET. RIGHT. OKAY. OKAY. UM, IT'S NOT LIKE WE'RE, IN MY MIND, IT'S NOT LIKE WE'RE HIDING BEHIND THE WALL, THE WALL'S EMBRACING THE HOUSE. OKAY. OKAY, COOL. AND THEN YOU, YOU MENTIONED WELCH IS A VERY ACTIVE STREET, UM, AND THAT'S GREAT THAT YOU KNOW THAT, BUT WE DON'T KNOW THAT, RIGHT. SO I WAS JUST CURIOUS, HAVE YOU EVER TAKEN A MEASUREMENT OF, OF, OF TRAFFIC ON A SCHOOL DAY OR, UH, WHENEVER THE BUSIEST TIME IS? IT WOULD JUST BE INTERESTING TO KNOW, LIKE FOR CERTAIN THAT THAT WELCH IS AN . I COULD NOT FIND TRAFFIC COUNTS FOR WELCH LIKE I COULD FOR FOREST LANE, BUT, UM, IT CONNECTS ALL THE, THE MAJOR, WHAT I CALL, YOU KNOW, THIS IS PRIVATE SCHOOL AREA, SO IT CONNECTS TO HAWES, TO THE URINS, TO, YOU KNOW, ST. MARK'S ALL IN THE AREA IN, UH, IT, IT'S USED A LOT AS A NORTH SOUTH RATHER THAN GOING THROUGH INWOOD OR, UH, NORTH PRESTON. DO YOU HAVE ANY IDEA? WELL, YE YES, BUT I MEAN, WE LIVE THERE, SO IT, WE DO, WE FEEL IT EVERY DAY. UM, WE HAVE A, A SCHOOL, A NEIGHBORHOOD SCHOOL CALLED WT WHITE. AND WHAT HAPPENS IS, UM, A TON OF PEOPLE COME TO GET, UH, THEY COME TO PICK THEIR KIDS UP, UM, AT ABOUT THE SAME TIME [03:00:01] AND THEY PARK ALL ALONG THE STREET. AND SO IT, IT, IT JUST CREATE, I MEAN, IT'S NO ONE'S FAULT, IT'S JUST KIND OF A FAULT OF THE, THE WAY IT'S ALL DESIGNED. BUT BASICALLY PEOPLE PARK ALL THE WAY ALONG WELCH AND THEN THEY TRY TO PICK UP THEIR KIDS AND THEN THEY ALL ARE TRYING TO LEAVE THE SAME, IT'S YOU'RE TALKING ABOUT NORTH OF FOREST? UH, THAT'S CORRECT. YEAH. YEAH, SOUTH OF FOREST, HOCK DAY IS SOUTH. YEAH. SO SOUTH OF FOREST YOU HAVE HOCK DAY, AND THEN YOU HAVE THAT, THAT WHOLE THING GOING ON TOO. SO YOU REALLY HAVE THE CONGESTION OF THE NORTH AND THE SOUTH ALL AFFECTING THAT WHOLE CORNER, WHICH IS WHAT WE CALL HOME. SO , IT'S, I MEAN, IT'S, IT'S A TON OF CARS AND, AND YOU KNOW, LIKE WE'VE SAID, THERE'S A LOT OF STOPPING STARTING, IT'S JUST, THERE'S JUST A LOT OF COMMOTION. SO WE, WE'D RATHER BE OBVIOUSLY, YOU KNOW, SHELTERED FROM THAT. UM, PRIMARILY. COOL. AND THEN, UM, YOU KNOW, YOU, YOU HAVE I THINK 12 TWO LETTERS OF SUPPORT AND ZERO OPPOSITION. OH, WE, WE HAVE, OH, OKAY. WE, WE, WE HAVE A WHOLE BUNCH OF SUPPORT. UH, WE WENT DOOR TO DOOR JUST TALKING TO OUR NEIGHBORS. UM, SOME WE HAD MET BEFORE, SOME WE HADN'T, AND WE DIDN'T HAVE ANY OPPOSITION, BUT WE, WE, YOU KNOW, WE, WE JUST TALKED TO 'EM AND JUST TOLD 'EM WHAT WE WERE DOING AND, UH, THEY, THEY WERE ALL VERY SUPPORTIVE. THE ONES THAT ANSWERED THE DOOR. I, I GET, IT'S A LITTLE WEIRD GOING DOOR TO DOOR, BUT WE JUST WANTED TO JUST, YOU KNOW, SHOW OUR FACE. YOU HAD ONE OTHER, UH, IN, IN SUPPORT AT THE CORNER OF FOREST IN WELCH OF THE SOUTH SIDE, ACCORDING TO OUR STATS PROPERTY OWNER, A NUMBER 11 WITHIN, SO I THINK YEAH. AS JEAN GENE ASY THREE IN THE NOTICE AREA. YEP. AND IF WE WANTED TO BE CHEEKY, WE COULD HAVE MADE FOUR BECAUSE WE OWNED THE PROPERTY NEXT DOOR, BUT WE DIDN'T WANT TO DO THAT. SO, BUT THERE WAS, I THINK THEY GOT 15 OR 16 IN THE NEIGHBOR. OKAY, GREAT. AND THAT, THAT'S WHAT I WAS GETTING AT IS WHAT, WHAT EFFORTS DID YOU MAKE TO ENGAGE WITH YOUR NEIGHBORS? AND YOU JUST ANSWERED THAT YOU WENT DOOR TO DOOR, WHICH IS GREAT. THAT'S WHAT WE'RE, WE'RE LOOKING FOR, SO THANK YOU. YEAH. UH, SO I'LL THROW YOU A CURVE BALL. I'M REALLY NERVOUS ABOUT VOTING IN FAVOR OF ANYTHING. EIGHT FEET. I DIDN'T SEE EIGHT FEET FENCES ALONG FOREST. YES. IT'S A SIX FOOT, SIX LANE BUSY STREET. OKAY. I GET THAT HOCK ACE IS AN OPEN FENCE AND IT'S FOUR FEET, MAYBE SIX FEET AT MOST. I, I, I HAVE TO RE-LOOK AT THAT, SO I'M NOT CONVINCED YET THAT YOU, THAT ONE NEEDS EIGHT FEET AND A HUNDRED PERCENT SOLID, BUT, OKAY. UM, I, I DO WANNA ALSO MENTION, YOU KNOW, WE ARE ACROSS FROM A COMMERCIAL ENTERPRISE. WE'RE ACROSS FROM HOCKADAY. THERE ARE HUGE LIGHTS THAT SHINE IN OUR BUT YOU KNEW THAT WHEN YOU PURCHASED THE PROPERTY THAT, THAT'S CORRECT. SO AND SO NOW THAT DOESN'T OH, I WAS JUST SAYING THAT NOW THAT WE'RE REBUILDING RIGHT NOW THAT WE'RE DOING THIS, THAT WOULD BE, THAT'D BE REALLY, REALLY IDEAL FOR US. THAT'S ONE. NUMBER TWO, WE HAVE AN BUT YOUR, BUT YOUR PROPERTY IS 60 FEET BACK FROM THE PROPERTY LINE. I LOOK, THE SETBACK IS 60 FEET, SO THAT FENCE IS NOT GONNA STOP ANY LIGHT COMING ACROSS FOR HIGH FIELD LIGHTS. UM, WE HAVE AN AIRBNB NEXT DOOR TO US AS WELL, UM, WHICH WE, YOU KNOW, I THOUGHT YOU OWNED THE PROPERTY NEXT DOOR. WELL, NEXT DOOR TO THE PROPERTY THAT WE OWN, UH, FURTHER EAST. THAT'S CORRECT. YEAH. FURTHER EAST. AND SO WE HAVE THAT AS WELL, WHICH IS, HAS BEEN SOME, SO TALK TO ME ABOUT THE EIGHT FEET. I STILL AM NOT HEARING ANYTHING ABOUT WHAT MERIT'S EIGHT FEET SOLID. YEAH, WELL WE, WE'VE, WE HAVE OBSERVED EIGHT FEET, UH, FENCING ALONG FOREST AS WELL AS THE FACT THAT, UM, YEAH, YEAH. CAT CATTYCORNER TO US, UM, AS WELL AS THE FACT, SO THERE'S ALREADY PRECEDENCE THAT THERE'S EIGHT FEET IN ADDITION TO IT IS THE EXTRA FOOTAGE HELPS US WITH SOUND BARRIER. IT DOES HELP US WITH PROTECTION. IT DOES HELP US. WE'VE ALREADY HAD SOME ISSUES ANYWAYS, SO IT REALLY WOULD HELP US OUT. PLUS WE'VE HAD ZERO OPPOSITION. EVERYONE WAS IN SUPPORT OF IT, THAT THOSE ARE THE PEOPLE THAT LIVE LITERALLY RIGHT NEXT DOOR TO US. THEY WERE ALL HAPPY WITH IT. SO IF THAT'S SOMETHING THAT HAPPY, UH, THAT THAT, THAT THEY'RE OKAY WITH AND WE'RE HAPPY WITH IT, I GUESS WE, WE HAVE TO LIVE THERE. SO I, UM, MR. CHAIR IF I MAY YEAH, ONE SECOND. MR. FEIN. HOLD ON. UH, I'M LOOKING AT THE LETTERS OF SUPPORT AND I'M LOOKING FOR, IT'S AN EIGHT FOOT SOLID FENCE, AND IT DOESN'T SAY THAT. UH, SO WHAT WE, I'M, I'M JUST READING WHAT, WHAT YOU HAD SUBMITTED, AND I WAS HOPING TO SEE EIGHT FEET SOLID, AND I DOESN'T SAY THAT. YEAH. AND I, I, I WILL SAY THAT THAT'S EXACTLY WHAT WE TOLD THEM SO ANECDOTALLY, BUT WE, WE, WE DISCUSSED THIS WITH EVERYBODY. IN FACT, WE WENT INTO THEIR HOUSES AND WE ENDED UP TALKING ABOUT OUR PLANS, AND WE, LIKE, WE JUST ENDED UP TALKING WITH EVERYBODY. SO IT WASN'T EVEN, YOU KNOW, HEY, WE WANNA BUILD THIS WALL, CAN YOU SIGN THIS? WE, THEY INVITED US IN AND MY SON, LIKE, WE ALL WENT AS A FAMILY. WE, IT SAYS OVER FOUR FEET, BUT IT DOESN'T TALK ABOUT EIGHT FEET. THAT'S, I'M JUST SAYING WHAT, WHAT WAS SUBMITTED HERE. YEAH, NO, I, I, I, AND I UNDERSTAND. I JUST, JUST TO FURTHER ELABORATE, KIND OF WHAT WE ACTUALLY DID. WE [03:05:01] ACTUALLY WENT INTO EVERYONE'S HOMES AND AS A FAMILY. SO WE, WE, WE TALKED ABOUT THE EIGHT FEET. IT, IF THERE, WELL, WE JUST DIDN'T HAVE ANY OPPOSITION AT ALL, UM, FROM THE NEIGHBORS, MR. FINNEY. UM, DO YOU MIND ELABORATING ON SOME OF THE ISSUES THAT YOU'VE HAD? YEAH, SURE. SO, SO IN THE PAST WE, WE, WE HAD AN ATTEMPTED ROBBERY. UH, PEOPLE DRIVE THROUGH OUR DRIVEWAY ALL THE TIME. WE PUT CONES OUT. WE'VE DONE A WHOLE BUNCH OF THINGS. IT'S JUST, IT'S JUST BEEN ODD TO SAY THE LEAST. UM, WE'VE HAD CAR BREAK-INS, WE'VE, WE'VE JUST, WE'VE, WE'VE HAD SOME ISSUES. AND IT, YOU KNOW, AGAIN, WHEN YOU HAVE, YOU KNOW, AN, A BARRIER THAT SIZE, IT IS, IT DID, IT DOES DETER PEOPLE. AND IT IS A MAJOR STREET AND, YOU KNOW, UNFORTUNATELY WE DO GET PEOPLE KIND OF WANDERING IN. SO, UM, IT, IT DOES JUST KIND OF HELP DETER PEOPLE. THANK YOU. THANK YOU, MR. FINNEY. OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. THE CHAIR. TO ENTERTAIN A MOTION, I'D LIKE TO MAKE A MOTION. MR. FINN, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 4 2 ON APPLICATION OF ROBERT BALDWIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT, TWO INCH HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BO 8 2 5 DASH 0 0 0 4 2. MR. FINNEY HAS MOVED TO GRANT THE REQUEST FOR AN EIGHT FOOT, TWO INCH HIDE FENCE AS A SPECIAL EXCEPTION. IS THERE A SECOND? A SECOND, SECOND BY MS. HAYDEN DISCUSSION AND THE MOTION? YEAH. UM, I, I THINK THE, THE CLIENT MADE IT PRETTY CLEAR THAT THEY, YOU KNOW, OUR, OUR NUMBER ONE CRITERIA IS, IS THIS ADVERSELY AFFECTING NEIGHBORS. AND THE NUMBER ONE THING WE LOOK AT IS HOW DID YOU ENGAGE YOUR NEIGHBORS? UM, SO YOU, YOU CLEARLY, UM, YOU WENT DOOR TO DOOR WITH YOUR FAMILY. UH, I THINK SOME CONSTRUCTIVE FEEDBACK NEXT TIME, ENCOURAGING THOSE NEIGHBORS TO WRITE A LETTER WOULD REALLY MAKE THIS DECISION THAT MUCH EASIER, THAT MUCH QUICKER. UM, ALSO, YOU HAD SOME SOUND ARGUMENTS FOR AN EIGHT FOOT FALL, EIGHT FOOT TALL FENCE AND GATES. BUT AGAIN, YOU KNOW, FACTS, YOU KNOW, WHERE ARE THE FACTS, YOU KNOW, THE, THE SOUND ATTENUATION, THE LIGHT, YOU KNOW, LET'S, LET'S SEE SOME FACTS, BECAUSE AGAIN, THAT JUST MAKES THIS DECISION THAT MUCH QUICKER. SO, UM, BUT, UM, KUDOS TO YOU GUYS FOR, UH, MAKING A GOOD FAITH EFFORT TO TALK TO YOUR NEIGHBORS. THANKS. THANK YOU, MR. FINNEY. MS. HAYDEN, I'M NOT CRAZY ABOUT THE IDEA OF AN EIGHT FOOT WALL, UM, ALONG ANY ROAD. UM, BUT IN THIS CASE, I THINK THE FACT THAT IT'S SET BACK 20 FEET AND IT LOOKS LIKE IT'S GONNA BE BEHIND THE LANDSCAPING, UM, I THINK THERE'S SOME, SOME THINGS THAT ARE MITIGATING THAT. AND, AND THE FACT THAT, I KNOW FOREST DOES HAVE SOME OTHER, YOU KNOW, IT'S NOT ALL OPEN LIKE, LIKE BUCKNER LIKE WE TALKED ABOUT, BUT IT'S, UM, UH, YOU KNOW, I THINK IT THOSE, IN ADDITION TO THE REASONS THAT MR. FINNEY STATED, UM, I THINK THIS POINTS TO DID NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES. THANK YOU, MS. HAYDEN. OTHER DISCUSSION ON THE MOTION, MR. SA? YEAH. UM, I'LL BE SUPPORTING THE MOTION AND I'LL JUST SAY I'M NOT A BIG FAN OF WALLS ALONG THESE MAJOR THOROUGHFARES. UM, YOU KNOW, MUCH LESS AN EIGHT FOOT TALL ONE, BUT I, I THINK THIS CASE, UH, THERE'S SO MANY REASONS TO JUSTIFY IT, AND THE FACT THAT I DON'T THINK IT WILL DETER FROM THE ADJACENT PROPERTY, UM, MAKES THIS SOMEWHAT OF A UNIQUE SITUATION IN A LOT OF RESPECTS. I'M AGAINST THIS. I DON'T THINK THE APPLICANT HAS MADE THE, THE, THE BURDEN OF PROOF, BOTH FOR OPACITY AND ALSO FOR HEIGHT. UM, DID YOU SAY THAT IT WAS 20 FEET? HOW MANY FEET IS IT FROM THE CURB? OVER 20 FEET, SIR. IS IT, YOU HAVE A GRAPHIC THAT YOU CAN PULL UP? YES, SIR. UH, I, HE'S OVER HERE NOW. [03:10:02] I DON'T THINK FOREST LANE HAS EIGHT FEET SOLID FENCES. I'LL DRIVE IT ON MY WAY HOME TONIGHT. BUT I DIDN'T DO ANY ANALYTICAL, UH, STUDY BEFOREHAND. UH, I JUST, MY, MY RECOLLECTION AND WHAT WE'VE SEEN THUS FAR, I HAVE NOT SEEN EIGHT FOOT SOLID FENCES, BUT I'M JUST ONE VOTE CATTY CORNER FROM THIS PROPERTY. THERE IS ONE, AND WE SAW ONE THAT WAS A LOW FENCE, MAYBE SIX FEET. YEAH, THAT'S, WE'RE NOT TALKING ABOUT. IT'S ACROSS FROM, UH, RIGHT THERE. THE, YEAH, THERE'S A, THAT'S NOT EIGHT FEET RIGHT THERE ON THE RIGHT. THAT'S NOT EIGHT FEET, NO, ON THE LEFT. OKAY. THAT'S WHERE THIS IS. WELL, THAT'S THE SUBJECT PROPERTY, RIGHT? PROPERTY. THOSE ARE THE TWO DRIVEWAYS WE'RE TALKING ABOUT. YOU GO RIGHT ACROSS WHAT YOUR REQUEST IS, IS TO PUT AN EIGHT FEET SOLID FENCE FROM THE DRIVEWAY ALL THE WAY TO THE CORNER AT WELCH, RIGHT. AND THEN BACK DOWN THE OTHER SIDE. RIGHT. IF YOU LOOK ACROSS WELCH, THAT'S A PERSON'S SIDE YARD THAT HAS AN EIGHT FOOT FENCE IN IT RIGHT ACROSS THE STREET FROM US PARALLEL BEFORE. AND THAT'S ACROSS WEL ON WELCH. RIGHT. WELL, I'VE SPOKEN MY PIECE OTHER DISCUSSION ON THE MOTION. YEAH, I, I AGREE WITH OUR CHAIRMAN THAT THE BURDEN OF PROOF IS NOT VERY STRONG. LIKE YOU CLEARLY HAVE GOOD POINTS, BUT YOU, YOU REALLY KIND OF FAILED TO CLEARLY DEMONSTRATE THEM. AND SO, UM, YOU KNOW, I, I STILL AGREE WITH MY EMOTION, UM, BUT I MAINLY BECAUSE YOU'VE ALREADY GOT THIS OTHER OFFENSE APPROVED, BUT I THINK THAT YOU'RE, YOU DID KIND OF A LAZY JOB OF MAKING YOUR CASE. AND SO, UM, IF I'M JUST BEING FRANK, NO, I'M NOT CHANGING MY MOTION . I STAND WITH MY MOTION, BUT I, BUT I AGREE WITH, WITH, WITH OUR CHAIR, UM, THAT THE, THE RECEIPTS WERE NOT, WERE NOT PRESENTED TO US CLEARLY. UM, WE SHOULDN'T HAVE TO ZOOM IN ON A PHOTOGRAPH 10 TIMES TO SEE THAT, THAT THERE'S OTHER FENCES ON THIS ROAD. SO, SO OTHER COMMENTS IN THE MOTION? EIGHT FOOT SOLID FENCE, GUYS. I KNOW. WELL, BUT YEAH, YOU'RE RIGHT, YOU'RE RIGHT ABOUT THAT. VERY GOOD POINT. . YEAH. MAYBE YOU MAKE A MOTION TO POSTPONE . UM, I DON'T KNOW. I'M, I'M JUST BEING HONEST THAT I, I'M NOT SOLD YET, SO, UH, I DON'T KNOW WHAT ELSE. WELL, WITHOUT YOUR, WITHOUT YOUR VOTE, UH, CLEARLY WE WON'T PREVAIL. SO I WOULD RATHER HAVE A POSTPONEMENT THAN IN DENIAL. WELL, I, I DON'T KNOW WHAT'S GONNA NECESSARILY CHANGE BETWEEN NOW AND THEN. UH, AGAIN, I, I HEARD THE COMMENT ABOUT, UH, YOU KNOW, YOU TALKED TO THE NEIGHBORS, BUT NOWHERE IN HERE DOES IT TALK ABOUT AN EIGHT FOOT SOLID FENCE. IT JUST DOESN'T ALL, DOESN'T SAY THIS. I KNOW. I, I'M LOOKING AT THE, THE EVIDENCE WE HAVE HERE IN FRONT OF US, AND, UM, AND BOY, OH BOY, YOU, WE, IT'S A SLIPPERY SLOPES. WE NOW HAVE, WELL, THEY GOT AN EIGHT FOOT FENCE. WELL, THEY GOT AN EIGHT FOOT FENCE THEN, YET ONCE YOU START THIS, AND THEN WE, WE HAVE FENCED STREETS, SO HENCE IS WHY THE CITY COUNCIL MADE THE POLICY DECISION TO HAVE IT AS SPECIAL EXCEPTION AS OPPOSED TO BY RIGHT. SO, UM, OKAY. I, I WILL BEND BY THE WILL OF THE GROUP AS OPPOSED TO POSTPONE IT. BUT I, THIS, I'M, IT'S WEARING ME DOWN AN EIGHT FOOT, EIGHT FOOT FENCES, UM, IN A R FIVE. IS THIS R FIVE? R SEVEN FIVE? WHAT'S, WHAT'S THE ZONING DISTRICT? R 16. OH, IT'S R 16. NO, IT'S OUR HALF ACRE. OUR HALF ACRE. SORRY. OKAY. ALRIGHT. I'LL GO AHEAD AND SUPPORT IT RELUCTANTLY VARY FOR [03:15:01] THE HEIGHT. ALRIGHT, ANY OTHER QUESTIONS? THE BOARD SECRETARY WILL CALL THE ROLE MR. FEENEY. AYE. MS. HAYDEN? AYE. MR. HAYU? AYE. MR. CHAIRMAN? OKAY. AYE. MOTION TO GRANT PASSES 4 2 0 IN THE MATTER OF BOA 2 5 0 0 0 0 4 2. THE BOARD ON A MOTION OF FOUR TO ZERO UNANIMOUSLY GRANTS THE REQUEST TO CONSTRUCT AND MAINTAIN AN EIGHT TWO INCH HIGH FENCE. AS A SPECIAL EXCEPTION, THE CHAIR ENTERTAIN A MOTION. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH TWO FIVE DASH 0 0 0 0 4 2 ON APPLICATION OF ROBERT BALDWIN. GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT OR, AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FOR FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE. 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT AVERSELY AFFECT NEIGHBORING PROPERTY. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. IT'S BEEN MOVED BY MR. FINNEY, UH, TO GRANT A OF SPECIAL EXCEPTION FOR OPACITY. UM, IS THERE A SECOND? A SECOND, SECOND BY MS. HAYDEN DISCUSSION OF THE MOTION? UH, I THINK COMMENT STAN. UM, SAME. THIS WAS A LITTLE MORE CHALLENGING FOR ME TO VOTE IN FAVOR OF JUST BECAUSE, UM, YOU KNOW, IT'S A SOLID WALL. UM, AS I MENTIONED, AN EIGHT FOOT WALL IS, IS A LITTLE BIT DIFFERENT THAN AN EIGHT FOOT, YOU KNOW, 50% OPAQUE FENCE. UM, BUT I UNDERSTAND THE TRAFFIC AND THE NOISE AND WHAT'S HAPPENING ON FOREST LANE, UM, MIGHT WARRANT THIS, THIS SORT OF FENCE, UM, ALONG THIS PROPERTY. AND AGAIN, AS I MENTIONED BEFORE, IT IS SET BACK OVER 20 FEET FROM THE EDGE OF THE PAVEMENT. SO THAT'S WHY I'M VOTING IN FAVOR. THANK YOU MS. HAYDEN. ANY OTHER DISCUSSION OF THE MOTION? ? I LIKEWISE OPPOSED TO THE OPACITY, THE SOLID WALL. SO I, I, YOU KNOW, I DON'T KNOW WHAT ELSE YOU'RE AT. YOU'RE, YOU'RE, YEAH. OKAY. WELL THE LETTERS DON'T GIVE CRE DON'T GIVE WEIGHT. AND THE COMMENT ON THE APPLICANT'S PART OF HAVING A COMPOUND GIVES ME PAUSE. AND SO I DON'T KNOW WHAT ELSE TO SAY. ANY OTHER OPINIONS ON THE MOTION? I'LL, I'LL JUST ECHO WHAT I SAID, UH, WITH A LITTLE BIT MORE. YOU KNOW, YOU, YOU HAD PROXIMITY TO HAKA DAY ON YOUR SIDE. UM, YOU ALREADY HAD THE OTHER SIX. UH, IT'S FOUR FOOT OPEN FENCE ADE, RIGHT? OPEN FENCE, MAYBE FOUR FEET, MAYBE FIVE, PROBABLY FOUR, I DON'T KNOW. BUT OPEN FENCE, RIGHT? YES. AND, UM, YOU'VE ALREADY HAD THE OTHER PROPERTY APPROVED, BUT THOSE ARE ULTIMATELY THE REASONS I, I MADE THE MOTION. BUT WHERE'S THE DATA ON THE SOUND ATTENUATION? WHERE'S THE VERY CLEAR PHOTOGRAPHS SHOWING YOUR NEIGHBORS JUST DOWN THE STREET WITH THE SAME CONDITION? AND THOSE ARE VERY EASY THINGS TO PROVIDE, UH, IN TODAY'S WORLD. UH, THAT FRANKLY SHOULD HAVE BEEN A PART OF YOUR, YOUR PRESENTATION. AND WE WOULDN'T, WE WOULDN'T BE HAVING THIS CONVERSATION NOW. THE, THE MOTION WOULD BE PASSED. WE'D BE MOVING ON. SO, UM, ANYWAYS, THAT'S WHAT I HAVE TO SAY. THANK YOU MR. FINNEY. ANY OTHER DISCUSSION? I'M, I'M NOT CONVINCED. SORRY, I'M NOT GONNA GO FORWARD. WE'LL CALL THE VOTE. MS. HAYDEN. AYE. MR. SAUK? AYE. MR. FEENEY? AYE. MR. CHAIRMAN? OKAY. APPROVED? [03:20:01] YES. AYE, MOTION TO GRANT PASSES FOUR TO ZERO BO 8 2 5 0 0 0 0 4 2. THE, THE BOARD VOTES FOUR TO ZERO TO GRANT THE REQUEST FOR, UM, LESS THAN 50% OPEN SURFACE AREA. UH, YOU'LL GET A LETTER FROM THE BOARD. THANK YOU. THANK YOU. AND COMMISSIONER FINN NOTED. UH, AND I'LL MAKE SURE YOU, YOU GET DATA COME BACK. THANK YOU. WE'RE GONNA TAKE A, UH, THREE MINUTE BREAK. UM, BOARD OF ADJUSTMENT AT 4:25 PM IS IN RECESS UNTIL FOUR 30. OKAY, BACK IN SESSION. UH, LAST CASE FOR TODAY'S BO A 2 5 0 0 0 0 5 8. THIS IS AT 6 6 1 6 NORTH HAVEN ROAD IS THE APPLICANT HERE. PLEASE COME FORWARD. ALRIGHT. THANK YOU FOR BEING HERE. UH, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN YOU'LL BE SWORN IN BY A BOARD SECRETARY AND THEN HOLD FOR A MINUTE. ABSOLUTELY. CLINT NOLAN, UH, 1845 WOODALL ROGERS FREEWAY, SUITE 1160. CAN, CAN YOU TURN THE MICROPHONE? IS THE LIGHT THAT GREEN? CAN, CAN YOU HEAR ME? YES. YES. OKAY. OKAY. I'LL JUST, I'LL TRY TO BEND OVER. THERE YOU GO. ALL RIGHT. UH, CLINT NOLAN UH, 1845 WOODALL ROGERS FREEWAY, SUITE 1160 DALLAS 7 5 2 0 1. GREAT. MS. WILLIAMS, DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. GOOD AFTERNOON, SIR. SO OUR RULES OR PROCEDURE ARE, WELL, BEFORE WE DO THAT, UM, MS. WILLIAMS, WHAT SPEAKERS DO WE HAVE REGISTERED? WE HAVE THE APPLICANT AND, UH, SIX SPEAKERS IN OPPOSITE. OKAY. SO, AND ARE THE SPEAKERS HERE OR, UH, ONLINE? THEY ARE OPEN. OKAY. SO OUR RULES OR PROCEDURES, UH, AND I'VE SAID THIS BEFORE AND I'LL, I'LL REPEAT IT AGAIN. OUR RULES AND PROCEDURES ARE SUCH THAT THE APPLICANT IS BY RULE GIVEN FIVE MINUTES TO PRESENT. ANYONE ELSE IN FAVOR IS ALSO GIVEN THAT FIVE MINUTES, ANYONE IN OPPOSITION IS GIVEN FIVE MINUTES, AND THEN YOU AS THE APPLICANT ARE GIVEN FIVE MINUTES OF REBUTTAL. UH, WHAT IS OUR PRACTICE IS WE SAY, TAKE WHATEVER TIMES NECESSARY IN ORDER TO MAKE YOUR CASE. JUST DON'T BE REDUNDANT. SO, UH, I WON'T SAY ANYTHING ABOUT REDUNDANCY UNTIL AFTER YOUR FIVE MINUTES, AND THEN I WILL CATCH YOU ON REDUNDANCY. BUT WHATEVER TIME GIVE I GIVE YOU, I NEED TO GIVE THAT TO EACH OF THE SPEAKERS IN OPPOSITION. OTHER THAN YOUR REBUTTAL, YOUR REBUTTAL IS YOUR OWN TIME. UNDERSTOOD. SO, PROCEED, SIR. YOU BET. UH, I CARE VERY MUCH ABOUT THE CITY, UH, MY BUSINESS, MY REPUTATION. I SERVED SEVEN YEARS, UH, AS BOARD CHAIRMAN OF THIS SAME PANEL, A, UH, FOUR YEARS AS VICE PRESIDENT OF THE HOUSING FINANCE CORPORATION, AND, UH, SEVERAL YEARS FOR THE CITY. SO, UM, I APPRECIATE WHAT YOU GUYS DO. I FULLY ACCEPT, UH, WHATEVER'S DECIDED HERE TODAY, AND I CAN LIVE WITH THAT. UH, SO JUST WANTED TO NOTE THAT. UH, I ALSO WANNA DISCLOSE, UM, I LIVE IN THE COMMUNITY IN WHICH I'M DEVELOPING THIS PROPERTY. THIS WILL BE THE FIFTH PROPERTY THAT I'M DEVELOPING WITHIN MY NEIGHBORHOOD CALLED HILL HILLCREST ESTATES DIVISION. I ACTUALLY SIT ON THE PLAN REVIEW COMMITTEE, SO I WANT TO GO AHEAD AND DISCLOSE THAT. OBVIOUSLY, I HAD TO ABSTAIN FROM REVIEW AND IN CONSIDERATION OF MY PLANS FOR, FOR THIS PROJECT, UH, BUT WANTED TO GO AHEAD AND DISCLOSE THAT. UM, AND, UH, YEAH, JUST THOUGHTFUL DEVELOPMENT'S IMPORTANT TO ME AND FOLLOWING THE PROPER PROCESSES AND CHANNELS IS, UH, EXTREMELY IMPORTANT TO ME. SO, WITH THAT SAID, I'LL GO AHEAD AND WALK THROUGH THE PRESENTATION. SO, UH, IF YOU WOULD GO AHEAD AND JUMP TO THE NEXT SLIDE. SO WE SIT AT 6 6 1 6 NORTH HAVEN. UH, AS YOU CAN SEE, JUST SOUTH OF, UH, LBJ, MORE SPECIFICALLY SOUTH OF FOREST, NORTH OF ROYAL, UM, AND EAST OF PRESTON ROAD, WEST OF HILLCREST ROAD. NEXT SLIDE. OKAY. UH, AS YOU CAN SEE OUTLINED IN GREEN, OUR PROPERTY, UM, SITS JUST SOUTH OF NORTH HAVEN ROAD IN TWO LOTS TO THE EAST OF EDGEMERE. OKAY, GO. NEXT SLIDE. OKAY. UM, WE PURCHASED THE PROPERTY DECEMBER OF 2024. WE'VE GOT, UH, AND I APOLOGIZE MY EYES ON MY ON PRESENTATION. WE'VE GOT ABOUT 0.46 ACRES OF WATER, UH, ON THE LOT, UH, APPROXIMATELY 0.65 ACRES OF DEVELOPABLE LAND UP FRONT WHERE THE ORIGINAL HOUSE BUILT IN THE FIFTIES USED TO BE, AND THEN 0.45 ACRES, UH, AT THE BACK. THAT HAS NOT, YOU KNOW, THAT HAS NEVER BEEN DEVELOPED. UM, AS YOU CAN SEE TO THE RIGHT, UH, OUR, UH, DESIGN INTENT IS TO BUILD, BUILD A PRIMARY DWELLING UNIT, UH, TOWARDS THE FRONT AND THE ACCESSORY STRUCTURE TOWARDS THE BACK OF THE LOT, UH, WITH A NEW PRIVATE DRIVE THAT RUNS ALONG THE EASTERN EDGE OF THE POND. UM, AT THE BACK, UH, WE HAVE AN ARCHITECT CLINTON AND COMPANY. HE'S, [03:25:01] HE'S SPECTACULAR. I KNOW THERE WERE SOME COMMENTS ON THE BRIEFING OF HOW HE COULD HAVE MADE A MISTAKE OF 46.25 SQUARE FEET ON THE ACCESSORY STRUCTURE, AND I WANTED TO SPEAK TO THAT. UH, ORIGINALLY WE WERE BELOW THE 25. I DIDN'T SAY IT WAS A MISTAKE. I JUST SAID IT'S INTERESTING THAT SOMEONE WOULD DO 46 SQUARE FEET OVER AND TRIGGER HOW COULD, HOW COULD HE MISS THAT, RIGHT? YEAH, I DIDN'T SAY IT WAS A MISTAKE. I JUST THOUGHT IT WAS INTERESTING. SO I, I WANTED TO SPEAK TO THAT. SO WE, WE ACTUALLY HAVE AN ALTERNATE DESIGN, UH, AS A FALLBACK DEPENDING ON, ON HOW THIS CASE GOES. UM, AND, AND IT, THE, THE PRIMARY STRUCTURE IS SLIGHTLY LARGER, AND SO IT WAS BELOW THE 25% THRESHOLD. WE'RE FAR BELOW THE 40% LOT COVERAGE ON THIS. SO THAT IS WHY WHENEVER WE ACTUALLY REDUCED THE SQUARE FOOTAGE OF THE PRIMARY DWELL DWELLING UNIT BY, I DON'T REMEMBER WHAT IT WAS, APPROXIMATELY 300 SQUARE FEET, UM, THAT PUT US 25.5% ON THAT BACK STRUCTURE, 46.25. SO THAT'S WHAT HAPPENED. IT DID NOT MAKE SENSE, IN MY OPINION, UH, TO MODIFY THAT SINCE I WAS INTENDING TO COME TO THE BOARD TO REQUEST FOR, UH, CLASSIFICATION OF AS AN ACCESSORY DWELLING UNIT AS OPPOSED TO AN ACCESSORY STRUCTURE. UM, LET'S GO AHEAD. OH, AND I, I'LL ACTUALLY, IF YOU BACK UP, JUAN, I, I WANTED TO NOTE THAT, UM, YOU KNOW, WE, EVEN THOUGH WE'RE NOT WITHIN THE A HUNDRED YEAR FLOODPLAIN, WE'RE NOT ON DALLAS FEMA MAPS. WE HIRED, UH, KIM KIMLEY HORN AS A CIVIL ENGINEER AND A FLOODPLAIN EXPERT. WE'VE ENGAGED WITH THEM AND WITH THE CITY OF DALLAS SINCE JUNE, UH, TO ENSURE THAT NUMBER ONE, THAT WE'RE DESIGNING, UH, YOU KNOW, THE PRIVATE DRIVE AND, AND ALL OF THOSE TO, TO ADHERE TO EVERYTHING, AND THAT WE'RE NOT ADVERSELY IMPACTING ANY OF THE, THE, THE WATER THAT'S RETAINED ON OUR PROPERTY. SO, I JUST WANTED TO NOTE THAT. UH, NEXT SLIDE. UM, ONE OF THE THINGS THAT WE DID NOT WANNA DO WITH THE DESIGN OF THIS PROPERTY IS WE DIDN'T WANT TO BUILD SOMETHING THAT WAS OSTENTATIOUS IN YOUR FACE, TRYING TO BE BIG AND WHITE AND BRING IN A BUNCH OF FILL AND BRING UP THE GRADE OF THE LOT. WE ACTUALLY ARE FOLLOWING THE EXISTING GRADE OF THE LOT, AS YOU'LL SEE, IT ACTUALLY, UH, SETS DOWN THE, FROM NORTH HAVEN DOWN THROUGH THE POND. UM, THE, THE LOT ACTUALLY HAS A FALLEN GRADE. WE ACTUALLY DESIGNED TO ACCOMMODATE THAT. UH, WE, WE WANTED TO ADHERE TO WHAT WE BELIEVE IS A VERY BEAUTIFUL, UH, UH, LOT. AND SO WE ACTUALLY DESIGNED SOMETHING THAT SETS DOWN INSTEAD OF SETS UP. UM, WE ACTUALLY WORKED WITH ONE OF THE NEIGHBORS, I BELIEVE HE'S HERE TONIGHT. HE'S IN OPPOSITION. UM, HE DIDN'T WANT, YOU KNOW, A SECOND STORY TO BE BUILT ON THE EAST SIDE. WE ACCOMMODATED THAT, THAT WAS PART OF OUR PROCESS WHENEVER WE WERE ACTUALLY PULLING SOME OF THAT SQUARE FOOTAGE, UH, DOWN. UM, SO WE, WE ACTUALLY DIDN'T PUT ANY, ANY SECOND STORY OVER THE EASTERN WING OF THE HOUSE. IT'S ONLY, UM, OVER THE, THE, UH, QUESTION. THE, UH, NEXT SLIDE, PLEASE. AS YOU CAN SEE, UM, YOU KNOW, IT'S GONNA BE OUR, OUR GOAL IS TO HAVE A NATURAL, YOU KNOW, UH, SURFACE ON TOP OF THE ENGINEER DRIVEWAY THAT WILL GO TO THE BACK. UM, IT IS A PRIVATE DRIVE, BUT WE ARE ENGINEERING IT NONETHELESS. UH, WE INTEND TO USE SOME SORT OF, YOU KNOW, ORGANIC PEBBLE TYPE GOLD COLORS, YOU KNOW, BROWN COLORS, EARTH TONES, UH, FOR THE DRIVEWAY SURFACE THAT WILL RUN ALONG, UH, THE EASTERN EDGE OF THE POND BACK TOWARDS, UH, THE, UH, UH, DETACHED QUARTERS. NEXT SLIDE. THIS IS JUST KIND OF A RENDERING OF THE, OF THE BACK DETACHED QUARTERS. NEXT SLIDE, AND A RENDERING, LOOKING BACK FROM THE DETACHED QUARTERS TO THE PRIMARY STRUCTURE. UM, NEXT SLIDE. OKAY. SO THE REQUEST IN FRONT OF YOU IS ACTUALLY A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IE ALLOWING FOR AN ACCESSORY DWELLING UNIT AS OPPOSED TO AN ACCESSORY STRUCTURE. UM, I DIDN'T HAVE TO COME IN FRONT OF THE BOARD TO BE HONEST. I, I, I CONTEMPLATED NOT COMING IN FRONT OF THE BOARD AT ALL. BUT, UH, I WANTED TO BE CANDID AND TRANSPARENT ABOUT WHAT WE WOULD LIKE TO DO. UM, IF I'M DENIED, THAT IS OKAY. I UNDERSTAND THAT. UH, WE HAVE, WE, YOU KNOW, WE, WE'VE DESIGNED, UH, IN FULL ADHERENCE WITH, UH, PLANNING OR, YOU KNOW, AND ZONING ORDINANCES, BUILDING SETBACKS, BUILDING HEIGHTS. I MENTIONED THAT WE ACTUALLY TRIED TO MAKE SOME ACCOMMODATIONS ON THE PRIMARY, UH, DWELLING UNIT. WE ACTUALLY, UH, INTENTIONALLY DESIGNED THE ACCESSORY STRUCTURE IN THE BACK TO BE A VERY LOW PITCHED ROOF AND A SINGLE STORY STRUCTURE. UM, YOU KNOW, I MEAN, WE, WE COULD HAVE PUT A PRIME, I DON'T KNOW WHY WE WOULD, BUT A PRIMARY DWELLING UNIT AT THE BACK PART OF THE PROPERTY AND THE ACCESSORY UP FRONT, UH, WE'RE NOT DOING THAT. UM, A THE SECOND REQUEST IS A VARIANCE OF THE FLOOR AREA FOR STRUCTURES, ACCESSORY FOR SINGLE FAMILY USE REGULATIONS. I MENTIONED THE 46.25 SQUARE FEET EARLIER IN HOW WE GOT THERE. UM, AGAIN, WE DO HAVE AN ALTERNATE PLAN THAT, UH, GOES BACK TO A SLIGHTLY LARGER PRIMARY HOUSE THAT SOLVES THE PROBLEM IF WE NEED TO. CRITICAL FACTS HERE. HILLCREST ESTATE'S PLAN REVIEW COMMITTEE, WHICH I HAD TO ABSTAIN [03:30:01] FROM, HAS REVIEWED AND APPROVED THE APPLICANT'S DESIGN AND PLANS TO BE IN COMPLIANCE WITH HILLCREST ESTATE'S PRIVATE DEED RESTRICTIONS. SO WE'RE IN FULL COMPLIANT WITH THE PRIVATE DEED RESTRICTIONS. HILLCREST ESTATE'S PRIVATE DEED RESTRICTIONS ALLOW FOR AN ACCESSORY DWELLING UNIT, AND THEY ALREADY RESTRICT ITS USE AS A RENTAL ACCOMMODATION. WE HAVE ZERO INTENT WHATSOEVER FOR THIS STRUCTURE TO BE USED AS RENTAL ACCOMMODATIONS. THIS IS A, THIS IS AN ESTATE PROPERTY. UH, WE ARE, THE, THE EXPECTED USE WOULD BE FOR A CARETAKER OF THE PROPERTY OR GUESTS WHENEVER THEY HAVE, YOU KNOW, GUESTS COME IN TO VISIT, UM, IN, IN AN ACCESSORY STRUCTURE. THE WHOLE REASON THAT I'M HERE IS BECAUSE I'D LIKE TO HAVE A KITCHEN IN IT. UM, IF I CAN'T HAVE A KITCHEN IN IT, I UNDERSTAND IT AND I RESPECT IT, AND I ACCEPT IT. UH, YOU KNOW, YOUR, YOUR DECISION, OBVIOUSLY IS WHETHER OR NOT THAT, YOU KNOW, THAT KITCHEN, UH, ADVERSELY IMPACTS NEIGHBORING PROPERTIES. UH, THIRD BULLET NEARBY AND SIMILAR PROPERTIES HAVE ACCESSORY QUARTERS LARGER THAN 25%, 67 20 NORTH HAVEN, 37.4%, 67 0 6 NORTH HAVEN, 85.2%. NEXT SLIDE, PLEASE. THIS IS JUST A LETTER, UH, FOR WHAT IT'S WORTH FROM THE HILLCREST, UH, PLAN REVIEW COMMITTEE, UH, APPROVING OUR PLANS IS BEING IN COMPLIANT WITH OUR, UH, HOAS PRIVATE DUTY RESTRICTIONS AND PLAN DESIGN GUIDELINES. NEXT SLIDE, PLEASE. UH, SO I WANTED TO HIGHLIGHT, UM, AN ACCESSORY STRUCTURE ALLOWED BY, RIGHT. UH, I'M NOT HERE ASKING FOR PERMISSION OF WHETHER OR NOT WE CAN BUILD THE ACCESSORY STRUCTURE. I WOULD LIKE TO PUT A KITCHEN IN IT, UM, THAT, THAT'S WHY I'M HERE TONIGHT. ONCE YOU, YOU KNOW, TO BE AN ACCESSORY STRUCTURE, YOU CAN ONLY HAVE TWO OUT OF THREE THINGS, A BEDROOM, A BATHROOM, AND A KITCHEN. IF YOU HAVE ALL THREE OF THOSE THINGS, YOU BECOME AN ACCESSORY DWELLING UNIT. HENCE, THAT'S WHY I'M HERE TONIGHT. AGAIN, IF I HAVE TO ELIMINATE ONE OF THOSE THINGS, I UNDERSTAND. I RESPECT IT, I ACCEPT IT. UM, YOU KNOW, I THINK THE DECISION GUIDELINES FOR YOU ARE WHETHER THE ACCESSORY DWELLING UNIT WILL NOT ONE BE USED AS RENTAL ACCOMMODATIONS. AGAIN, WE HAVE NO DESIRE IN DOING THAT. UM, WHO'S GONNA POLICE IT? I, I DON'T KNOW, BUT I CAN TELL YOU THAT, UM, THE, YOU KNOW, IT, IT'S NOT INTENDED HERE. THE DEED RESTRICTIONS SPECIFICALLY, UH, DO NOT ALLOW FOR IT. AND SO, YOU KNOW, THAT'S ALL I CAN SAY. NUMBER TWO, UH, WILL WE ADVERSELY AFFECT NEIGHBORING PROPERTIES? I DON'T BELIEVE THAT WE WILL. NEXT SLIDE. THANKS. I JUST WANTED TO POINT OUT, UM, THERE ARE ACCESSORY STRUCTURES ON OTHER PROPERTIES ALONG NORTH HAVEN. UM, YOU KNOW, THIS WAS JUST BASED OFF D AD. I DIDN'T GO BEYOND D AD TO CONFIRM THE SQUARE FOOTAGES, BUT THE ACCESSORY STRUCTURE, UM, TO THE PROPERTY, IT WAS, GOSH, I CAN'T, I FORGET WHICH ADDRESS IT WAS ON A PRIOR SLIDE, BUT THERE ARE ABOUT 37.4% OF THE MAIN DWELLING UNIT. AND THEN, UM, 67 30 NORTH HAVEN, 85.2%, UH, COMPARED TO THE MAIN DWELLING UNIT, AGAIN, I'M CURRENTLY SITTING AT 25.5% FROM MY REQUEST. UH, NEXT SLIDE, PLEASE. AND THAT'S ALL I HAD TO PRESENT. UH, I, I APOLOGIZE IF I SPOKE TOO QUICKLY. I KNOW THAT IT'S GETTING LATE IN THE DAY, AND I'M TRYING TO BE EFFICIENT WITH EVERYONE'S TIME, AND I HAVE A LOT OF, UH, A LOT OF FOLKS HERE WHO I, I KNOW WANNA SPEAK AS WELL. SO I WANNA RESPECT THAT. I'M HERE FOR QUESTIONS. THANK YOU. THANK YOU. YOU DIDN'T SPEAK TOO QUICKLY. YOU WERE EFFICIENT AND TIMELY. THANK YOU. UM, SO OUR CRITERIA FOR SPECIAL EXCEPTIONS REFERS TO NOT USED FOR RENTAL ACCOMMODATIONS AND, AND NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES. SO BY YOU SAYING YOU WILL DE RESTRICT IT AGAINST RENTAL COM ACCOMMODATION, THAT TAKES CARE OF THAT. SO TALK TO US ABOUT HOW OR WHY YOU, WE BELIEVE THAT THIS PLAN WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. SO WHEN I COMPARE THE, WHETHER OR NOT THIS IS AN ACCESSORY STRUCTURE WITHOUT THE KITCHEN VERSUS AN ACCESSORY DWELLING UNIT WITH THE EXACT SAME DESIGN, EXACT SAME STRUCTURE, EXACT SAME SHAPE, EXTERIOR VENEER, ELEVATIONS, ROOF PITCH, EVERYTHING, I DON'T, I HAVE A HARD TIME UNDERSTANDING WHY HAVING A, A COOK, YOU KNOW, A DESIGNATED KITCHEN WITH A COOKTOP, UH, ADVERSELY IMPACTS MY NEIGHBORS. BUT AGAIN, THAT'S NOT MY DECISION TO MAKE. THAT'S YOUR DECISION HERE TONIGHT. WHAT DID YOU DO AS FAR AS REACHING OUT TO GET FEEDBACK AND OR BUY-IN FOR, FROM YOUR NEIGHBORS OR NOT? YEAH, YEAH. SO TO, TO BE HONEST, UM, I, WHEN I CAME TO THE BRIEFING TODAY, I WAS A LITTLE BIT SURPRISED AT THE OPPOSITION. I UNDERSTAND IT NOW. I GET IT. I THINK LOOKING BACK, OPTICALLY WHEN PEOPLE SEE A BOA NOTIFICATION ASKING FOR AN ACCESSORY DWELLING UNIT, UH, THE [03:35:01] OPTICS ON THAT LOOK LIKE, UH, WHETHER OR NOT HE CAN BUILD THIS STRUCTURE, AND, AND I, I UNDERSTAND WHY THAT, YOU KNOW, BRINGS IN A LOT OF OPPOSITION. I WISH THAT IT WAS A LITTLE BIT, UH, CLEAR THAT, YOU KNOW, THIS IS AN ACCESSORY STRUCTURE VERSUS AN ACCESSORY DWELLING UNIT. AND THERE, THERE'S REALLY NO CHANGE TO THE STRUCTURE THAT'S GONNA BE BUILT BACK THERE. THE FOLKS THAT I DID REACH OUT TO, UH, ONCE WE BOUGHT THE PROPERTY WERE THE, UH, THE, THE TWO, TWO NEIGHBORS IMMEDIATELY ADJACENT TO ME ON THE EAST AND THE WEST. UM, AND, UM, AND I DID NOT REACH OUT TO ANYBODY ELSE. I ACTUALLY SPOKE WITH BOTH OF THEM AND SHARED DESIGN PLANS FROM, FROM NOTHING FROM BLANK SLATE TO WHAT WE HAVE TODAY. UM, I, I DID HEAR ONCE THE BOA NOTIFICATION WENT OUT, I DID GET A PHONE CALL. I BELIEVE THEY'RE HERE TODAY FROM THE TWO NEIGHBORS THAT, UH, BACK UP TO OUR PROPERTY OFF OF ROYAL CREST. AND I, I TOLD THEM, AND JUST LIKE I WILL TELL YOU GUYS, AND I'LL TELL THEM I FULLY UNDERSTAND THE, THE FRUSTRATION, UM, YOU KNOW, THE, THIS PROPERTY THAT WE PURCHASED WAS BUILT IN THE FIFTIES. THERE WAS ONLY A HOUSE BUILT ON THE FRONT. YOU KNOW, THIRD OF THE PROPERTY IN THE BACK THIRD OF THE PROPERTY HAS NEVER BEEN DEVELOPED. UM, IT'S, YOU KNOW, IT'S ALMOST LIKE THERE'S BEEN A CITY GREEN BELT IN THE BACK, BACK THERE. AND I UNDERSTAND THAT IT'S FRUSTRATING THAT NOW THERE MIGHT BE A STRUCTURE BACK THERE, BUT I JUST WANTED TO REITERATE, I MEAN, THAT, THAT IS WHY WE BOUGHT THE PROPERTY. WE'RE FOLLOWING ZONING ORDINANCES, WE'RE BUILDING WITHIN BUILDING SETBACK LINES, BUILDING HEIGHTS, YOU KNOW, BIG SUBJECT. THANK YOU. OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME, MR. FINN? YES. SO, UM, SO ON THE, ON THE SUBJECT OF, YOU KNOW, HAVING A STRUCTURE IN THE BACK OF THE SITE, UM, I'M CURIOUS WHY YOU PLACED IT SO FAR BACK TO THE BACK OF THE SITE. YOU KNOW, IF, IF YOU KNEW THIS WAS PROBABLY GONNA BE CONTENTIOUS, YOU KNOW, I WOULD IMAGINE IF YOU WERE, YOU KNOW, WORRIED ABOUT, YOU KNOW, APPEASING POTENTIAL CRITICS, UM, WHICH WE'LL HEAR FROM SHORTLY, UM, THAT YOU WOULD, YOU KNOW, KIND OF PREEMPTIVELY GET AHEAD OF THAT. SO I'M CURIOUS WHY YOU CHOSE TO SET IT SO FAR BACK WHEN THERE IS FOUR AND A HALF ACRES BACK THERE TO WORK WITH. YOU COULD PUSH IT UP AND POTENTIALLY USE THAT AS A, AS A NEGOTIATION, UH, WITH YOUR CRITICS. SO I'M JUST CURIOUS TO HEAR WHAT, RIGHT. SO, SO TO ANSWER YOUR QUESTION, AND AGAIN, I, I DON'T, I DON'T WANT ANY OF MY RESPONSES TO COME ACROSS AS RUDE OR SNARKY. I'M JUST, I'M TRYING TO BE CANDID. UH, THERE IS APPROXIMATELY 0.4 OR FIVE ACRES AT THE BACK TO YOUR QUESTION, WHY COULDN'T WE HAVE MOVED IT FURTHER FORWARD? THE HONEST ANSWER IS, IS FROM A DESIGN STANDPOINT, UH, WE'RE FOCUSING ON DESIGN, DESIGNING THE BEST PRODUCT FOR OUR PROPERTY, RIGHT? MM-HMM . SO OBVIOUSLY YOU HAVE THE MAIN HOUSE UP FRONT. YOU'VE GOT A BODY OF WATER IN THE MIDDLE, AND THEN YOU HAVE A PROPERTY AT THE BACK. UM, OUR, OUR GOAL IS TO MAXIMIZE THE, THE BEAUTY AND THE PEEL OF, OF THIS PROPERTY, RIGHT? AND SO I WANT AS MUCH, MUCH, YOU KNOW, YARD SPACE OUT IN FRONT OF THAT BACK HOUSE AS POSSIBLE. THE, THE AREA, ANY AREA BEHIND ME, I ALREADY HAVE A 15 FOOT UTILITY EASEMENT THAT I HAVE TO ABIDE BY. I HAVE, I ACTUALLY HAVE TO ABIDE BY THE GREATER OF THE 15 FOOT UTILITY EASEMENT OR THE 10 FOOT REAR YARD SETBACK. SO I'M ACTUALLY, I THINK, 16.3 FEET OFF OF THE PROPERTY LINE. UM, AND SO NONE OF THAT LAND BACK THERE DOES, DOES ME ANY GOOD. SO, YOU KNOW, THE FURTHER I SLIDE IT FORWARD, THAT'S JUST, YOU KNOW, WASTED SPACE. SO THAT'S FROM A DESIGN STANDPOINT, WHY WAS IT WORTH MODIFYING THAT DESIGN TO GET WHAT I'M ASKING FOR TODAY? ABSOLUTELY NOT. OKAY. OKAY. UM, ONE OF THE OTHER COMMENTS THAT, UM, ONE OF THE LETTERS MENTIONED, UH, ONE OF THE LETTERS OF OPPOSITION IS THE LONG DRIVE AND THE, THE HEADLIGHTS, RIGHT? THE HEADLIGHT EFFECT. IT'S ALMOST LIKE YOU'RE ADDING A STREET THAT WILL THEN BRING BEAMS OF LIGHT INTO THE BACK OF PEOPLE'S HOMES, OF YOUR NEIGHBORS BEHIND THE, THE NEIGHBORS BEHIND THIS, THIS PROPERTY. UM, CAN YOU SPEAK TO, TO THAT ISSUE AND WHAT, WHAT YOU MIGHT BE WILLING TO DO TO ACCOMMODATE THOSE CONCERNS? SURE. I, I CAN, AND, AND, UH, JUST TO GIVE MORE COLOR, SO WHEN WE BOUGHT THE PROPERTIES, UH, I, I ACTUALLY REACHED OUT TO THE NEIGHBOR TO MY WEST BECAUSE THERE IS A 15 FOOT UTILITY EASEMENT OFF OF EDGEMERE. UH, I OFFERED TO, YOU KNOW, EITHER, YOU KNOW, BUY THAT, THAT 15 FOOT UTILITY EASEMENT THAT COULDN'T BE DEVELOPED IN SO THAT I COULD PUT A PRIVATE DRIVE BACK THERE. UM, I MADE A, WHAT I THOUGHT WAS AN ATTRACTIVE OFFER THAT WAS DENIED. I ASKED HIM TO COUNTER, I NEVER GOT A COUNTER OFFER. AND I ASKED, I ASKED HIM TO GIVE ME, YOU KNOW, A NUMBER THAT, UH, HE WOULD BE INTERESTED IN FOR MAYBE A PERPETUAL EASEMENT WHERE HE CONTINUED TO OWN IT. AND I NEVER GOT ANYWHERE WITH THAT. THE OTHER THING THAT WE EXPLORED WAS ACTUALLY TAKING A DRIVE, A DRIVE ON WHAT WOULD BE THE WESTERN [03:40:01] SIDE OF MY PROPERTY, WHICH MEANS IT WOULD CUT RIGHT ACROSS THE MIDDLE OF THAT POND. UM, THAT WAS MUCH MORE EXPENSIVE, MUCH LESS AESTHETICALLY APPEALING, AND I DON'T KNOW THAT IT WOULD'VE SOLVED A HEADLIGHT SITUATION. SO THE ONLY WAY RIGHT NOW FOR ME TO, UH, FEASIBLY ACCESS THE REAR OF THE PROPERTY IS TO BUILD THE DRIVEWAY WHERE I HAD DESIGNED IT AND BUILD IT. COULD I PUT A, YOU KNOW, COULD I OFFSET IT SIX INCHES TO PUT A EIGHT FOOT FENCE TO BLOCK, YOU KNOW, HEADLIGHTS? SURE. I, I DON'T BELIEVE ANYBODY WANTS THAT. I'M OPEN TO IT IF THAT'S, IF THAT'S WHAT, YOU KNOW, SOME FOLKS WANT. BUT I JUST WANNA REITERATE THIS IS, THIS IS A, THIS IS A NIGHT, THIS IS A SPECULATIVE HOME. AND A LOT OF PEOPLE PROBABLY THINK I'M ABSOLUTELY OUT OF MY MIND FOR DEVELOPING A SPECULATIVE PROPERTY LIKE THIS. BUT THIS IS WHAT I DO FOR A LIVING. THIS IS GONNA BE A LUXURY STATE THAT WE'RE GONNA SELL TO SOMEONE WHO IS GOING TO USE THIS FOR EITHER A CARETAKER, WHICH COULD BE MORE COME AND GO, OR MORE LIKELY GUESS, HOLD ON ONE SECOND. HOLD ON ONE SECOND. WHAT WAS YOUR QUESTION? IT WAS ABOUT HEADLIGHTS. OKAY. SO LET'S STICK WITH THAT. THAT'S FINE. I'M, I'M, SO YOU'RE NOW, YOU'RE NOW BEYOND YOUR FIVE MINUTES, SO, SO I'M GONNA CUT YOU OFF. I'M GONNA CUT YOU OFF THERE THEN. LET ME, LET ME JUST, CAN, LET ME WRAP THAT UP HIS, TO HIS QUESTION. SO I THE COME AND GO. I THINK IT'S MOSTLY GONNA BE USED AS GUEST QUARTERS. I DON'T THINK THERE'S GONNA BE A TON OF COME AND GO, BUT AGAIN, WE, IF OFFENSE COULD BE AN OPTION, RIGHT? YEAH. WELL, AND SO THEN ONE LAST QUESTION. UM, ONE OF THE OTHER COMMENTS, UH, IN YOUR OPPOSITION LETTERS WAS, UH, YOU KNOW, YOU, YOU TALKED ABOUT WANTING TO PRESERVE THE NATURAL BEAUTY OF THE SITE, BUT APPARENTLY IT WOULD REQUIRE REMOVING A MATURE, A RATHER MATURE TREE. IS THAT TRUE? AND WAS THERE NO WAY TO AVOID DOING THAT? NO. I MEAN, ARE WE, THERE'S, THERE ARE A, THERE ARE A TON OF TREES. UH, HALF OF THEM ARE DEAD AND, AND NEED TO BE REMOVED. A LOT OF 'EM ARE REALLY ROUGH SHAPE. IT HAD NOT BEEN MAINTAINED FOR A VERY, VERY LONG TIME. OKAY. THE, THE, THE LADY WHO BOUGHT IT FROM WAS IN HER UPPER NINETIES. BUT, SO THE SHORT ANSWER IS THAT WE, WE ARE GOING TO HAVE TO DO WHAT WE ARE GOING TO HAVE TO DO WITH THE CITY OF DALLAS IN TERMS OF TREES. ARE WE GONNA HAVE TO REMOVE SOME AFTER? RIGHT. OKAY. ALRIGHT. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT RIGHT NOW? ALRIGHT, WE'RE GONNA HEAR FROM THE OTHERS AND WE'LL HAVE FURTHER OPPORTUNITY FOR QUESTIONS. ALRIGHT, MS. BOARD SECRETARY, BRENDAN MAYOR. HI, MY NAME'S BRENDAN MEYER AND I LIVE AT 65 22. I'M, I'M SORRY, I'M, I NEED TO SORE YOU IN. YES, LET'S DO THAT. LET'S DO ALL FIVE SPEAKERS THAT ARE, THAT ARE GONNA SPEAK. YOU WOULD STAND, PLEASE. OKAY, I SEE SIX. SO HOW MANY YOU, YOU SIGN UP MARY? FIVE OR SIX? OH SIX. I CAN'T COUNT. ALRIGHT, IF YOU'D ALL RAISE YOUR RIGHT HAND, MS. WILLIAMS, DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. THANK YOU. UH, STATE YOUR NAME AND ADDRESS PLEASE. MY NAME IS BRENDAN MEYER. I LIVE AT 65 27 BOYLE CREST. SO DALLAS, I NEED YOU A LITTLE BIT CLOSER TO THE MICROPHONE. HOW'S THAT? THERE YOU GO. WE WANNA HEAR YOU PROCEED. I WANT TO BE HEARD, SO THAT'S GREAT. UM, SO I'VE LIVED IN DALLAS FOR MORE THAN 30 YEARS. I GRADUATED FROM SMU LAW SCHOOL. UM, LOVE DALLAS. AND THROUGHOUT THIS WHOLE PROCESS, WHICH I HAVE BEEN ENGAGED WITH, YOU SAW MY LETTER, YOU KNOW, FOR A LITTLE WHILE NOW. UM, I'VE ALSO ENGAGED WITH CITY SERVICES AND YOU ALL HAVE BEEN, YOU KNOW, FANTASTIC THROUGHOUT THE WHOLE CITY. SO THANK YOU ALL, ESPECIALLY TODAY. WE'VE BEEN HERE A LONG TIME AND YOU HAVE BEEN TOO, AND I'M IMPRESSED WITH YOUR STAMINA. SO WE APPRECIATE THIS OPPORTUNITY. UM, I GUESS I WANNA HIGHLIGHT, I GUESS I'LL START WITH ONE THING THAT MR. NOLAN SAID. YOU KNOW, HE SAID A COUPLE TIMES IF DENIED, HE'S OKAY. AND HE UNDERSTANDS THAT. AND THAT'S WHAT I'M ASKING YOU ALL TO DO THIS, TO DENY THIS ACCESSORY DWELLING UNIT THAT IS A HUGE GRANNY FLAT. AND THAT'S MAYBE GRANNY AND THE WHOLE FAMILY AND ANOTHER FAMILY, BUT IT'S RIGHT IN OUR BACKYARD. AND MY WIFE'S GONNA TALK TO, AND WE HAVE A BUNCH OF OTHER PEOPLE HERE TO TALK. BUT WHAT MR. NOLAN DOESN'T, AND IT'S HIS BURDEN TO, TO ESTABLISH THIS WITH YOU ALL, HE CAN'T ESTABLISH WHAT ACTUALLY IS GONNA HAPPEN BECAUSE HE'S TRYING TO SELL THIS LAND. HE DOESN'T KNOW IF IT'S GONNA BE RIGHT. HE DOESN'T, HE CAN'T GIVE YOU ANY KIND OF ASSURANCE ABOUT WHAT'S GONNA ACTUALLY HAPPEN. 'CAUSE HE'S GONNA SELL IT AS SOON AS HE CAN. SO IF WE DON'T NEED TO GO BACK TO IT. BUT ON CA CW ONE, ONE OF THE PHOTOS THAT HE SHOWED THE, THE RENDERING OF WHAT IT MIGHT LOOK LIKE, THAT SHOWS THE ROAD THAT'S GONNA BE AIMING DIRECTLY AT MY KIDS' BEDROOM. SO [03:45:01] THAT'S GONNA BE HEADLIGHTS INTO THEIR ROOMS. AND YOU KNOW, LIKE YOU ALL SAID EARLIER, THERE'S NO NO WAY THAT ANY KIND OF FENCE OR ANYTHING IS GONNA CHANGE THAT WITH THE ELEVATION. YOU KNOW, YOU'RE, YOU'RE DRIVING THAT'S GONNA BE HEADLIGHTS IN THE BACK, IN THE BACK OF THEIR ROOMS. UM, AND I GUESS, YOU KNOW, WE CAN JUST SHIFT TO SOME OF THE THINGS THAT, THAT MR. FINNEY TALKED ABOUT, UM, REGARDING THE ROAD AND THEN THE ENVIRONMENTAL RISKS. I DON'T THINK WE TALKED ENOUGH ABOUT THAT YET. SO FAR, UH, THERE, THIS IS THE OR BRANCH OF THE WHITE ROCK CREEK THAT RUNS RIGHT BEHIND OUR HOUSE THERE. IT IS AN UNMAPPED FLOODPLAIN RIGHT THERE. SO, I MEAN, WE CAN TALK ABOUT HEADLIGHTS IN NEIGHBORHOODS, YOU KNOW, NOISE, POTENTIALLY IT BEING A PILATES STUDIO, BUT WE ALSO COULD HAVE JUST FLOODS WHEN YOU HAVE 3000 SQUARE FEET OF IMPERVIOUS SURFACE ADDED IN THE ORE BRANCH OF THE WHITE ROCK CREEK, LITERALLY IN OUR BACKYARD. SO THAT'S, AND THAT'S, YOU KNOW, STILL BEING LOOKED AT BY DIFFERENT GOVERNMENT AGENCIES. UM, THEN LOOKING AT A, A FEW OF THE OTHER THINGS MR. NOLAN SAID, UM, MY FAMILY'S NOT IN THE HILLCREST ESTATES, THAT'S JUST ON THE NORTH HAVEN SIDE. SO ALL OF THE, ALL THAT THAT WENT ON BEFORE, WE WERE NOT PRIVY TO ANY OF THAT. UM, AND THEN ALSO GOING BACK TO SOMETHING MR. FINNEY WAS ASKING, I THINK EVERYBODY ELSE THROUGH HERE, YOU KNOW, WHAT WAS YOUR ENGAGEMENT WITH THE NEIGHBORS? BECAUSE YOU ALL ARE DECIDING, DOES THIS ADVERSELY IMPACT NEIGHBORING PROPERTIES? I REACHED OUT TO MR. NOLAN, HE DIDN'T EVER COME DOWN OUR STREET. I TALKED TO HIM HERE TODAY ASKING HIM, YOU KNOW, HEY, CAN WE, CAN YOU CHANGE SOMETHING? AND HE JUST BASICALLY SAID, NO, WE'RE I'M GONNA DO IT, AND IT'S EITHER GONNA HAVE A KITCHEN OR NOT. AND HE EVEN SAID TO YOU, ALL THE ACCESSORY STRUCTURE VERSUS THE ACCESSORY DWELL, YOU KNOW, IS IT GONNA HAVE A KITCHEN OR NOT? WELL, THAT'S ACTUALLY NOT WHAT YOU ALL ARE DECIDING. YOU ALL ARE DECIDING ON THIS APPLICATION, THIS ACCESSORY DWELLING. AND WHAT WE BELIEVE IS THAT YES, IT ABSOLUTELY WOULD ADVERSELY AFFECT US. AND YOU KNOW WHAT? MAYBE IF YOU CAN'T HAVE THAT KITCHEN, THEN MAYBE DON'T BUILD THE 3000 SQUARE FOOT STRUCTURE. IT'S GONNA CAUSE FLOODING AND DESTRUCTION TO, YOU KNOW, THE, THE PIECE THAT WE HAVE. AND SO WHAT WE'RE ASKING YOU TO DO IS TO DENY THE APPLICATION AND WHO KNOWS WHAT'S GONNA HAPPEN IN THE FUTURE. IS IT JUST THAT HAVING A COOKTOP OR NOT? WHO KNOWS? BUT WHAT WE'RE ASKING YOU TO DO IS, YOU KNOW, LOOK AT WHAT WE'RE DOING HERE, YOU KNOW, AT FIVE O'CLOCK ON A TUESDAY, IT'S ADVERSELY AFFECTING OUR PROPERTY. AND SO WE ASK THAT JUST TODAY, YOU DO WHAT WE THINK IS RIGHT TO DENY THE APPLICATION. THANK YOU. THANK YOU SIR. NEXT SPEAKER, MS. WILLIAMS. MS. MR. DAVID SCHER. GOOD. A GOOD AFTERNOON. I'M DAVID SCHER, UH, LIKE MR. MEYER, I APPRECIATE Y'ALL, UM, STICKING WITH THIS AS LONG AS YOU HAVE NAME AND ADDRESS. UH, I AM AT, UH, 60, UH, FIVE 17 ROYAL CREST DRIVE DIRECTLY TO THE SOUTH OF THE SUBJECT PROPERTY. UM, YOU KNOW, LIKE MR. MEYER, LIKE, UH, MR. NOLAN, I'VE ALSO BEEN INVOLVED WITH THE CITY OVER THE YEARS. I'VE BEEN ON, UM, UH, THE BOARD OF ADVISORS OF, UH, DOWNTOWN DALLAS INC. AND, UM, MY WIFE AND I, UH, WERE FORTUNATE ENOUGH TO HAVE FOUR KIDS GO THROUGH THE ISD AND BOOKER G. SO, UH, LOVE DOWNTOWN DALLAS AND LOVE THE JOB THAT THE CITY DOES FOR, UH, ITS RESIDENTS. THIS IS THE, UH, THE VIEW OUT OF OUR BACKYARD. IT'S THE VIEW THAT WE'VE HAD FOR THE 33 YEARS THAT WE'VE LIVED IN THIS HOUSE AND RAISED FOUR CHILDREN. UM, YEAH, I GUESS THERE ARE SOME DEAD TREES. THERE ARE ALSO TWO SPECIMEN COTTONWOODS THAT, UM, ARE HOMES. IF YOU WANT US TO SEE THEM, THEN YOU'D HAVE TO GIVE THEM UP BECAUSE AS SOON AS IT GETS TO OUR BOARD SECRETARY, IT BECOMES THE BOARD'S PROPERTY, OTHERWISE WE'RE NOT GONNA BE ABLE TO SEE IT. SO IT'S UP TO YOU WHETHER YOU WANNA SHARE THAT EVIDENCE. THANK YOU. SO, LIKE SOME OF THE FOLKS, UM, ON THE BUCKNER, UM, UH, APPEAL THAT YOU HEARD EARLIER TODAY, MY WIFE AND I SHOPPED LONG AND HARD, UH, BEFORE BUYING OUR HOUSE 33 YEARS AGO. AND ONE OF THE THINGS THAT WE SPECIFICALLY LOVED ABOUT THIS AREA WAS THAT THERE WAS A GREEN BELT BEHIND US AND THAT THERE WAS NO ALLEY THAT WAS SPECIFICALLY ONE OF THE THINGS THAT I HAD PUT DOWN ON MY LIST OF, OF CRITERIA, NO ALLEY BEHIND THE HOUSE, BECAUSE I DIDN'T LIKE LOOKING INTO A FENCE OR LOOKING INTO SOMEBODY ELSE'S, THE BACK OF SOMEBODY ELSE'S HOME. ONE OF THE THINGS THAT MR. NOLAN SAID WHEN ASKED ABOUT, UM, UH, WHAT, UH, UH, WHAT HIS DE DESIGN CRITERIA FOR THIS ESTATE LOT WAS, AND LET'S [03:50:01] KEEP IN MIND THIS ESTATE LOT IS GOING TO HAVE APPROXIMATELY A 10,000 FOOT STRUCTURE AS A MAIN HOUSE AND APPROXIMATELY A 3000 FOOT STRUCTURE. AND THAT INCLUDES HARDSCAPE AND GARAGE. BUT IT'S A 3000 FOOT STRUCTURE THAT IS PUSHED AS FAR TO THE BACK OF THE LOT AS HE CAN PUSH IT. THERE MAY BE, UH, THERE MIGHT BE A FOOT AND A HALF BETWEEN THE 15 FOOT REQUIRED EASEMENT, UM, AND THE BACK OF THE, THE, UH, CASITA, UM, YOU KNOW, UH, HE SAID, UH, ALSO THAT, UH, UH, IT'S GONNA BE DEED RESTRICTED TO BE NON-REAL, BUT ALSO REFER TO IT AS A CARETAKER COTTAGE. WELL, IF YOUR CARETAKER OR YOUR STAFF IS LIVING THERE, THAT EFFECTIVELY YOU'RE TRADING, UM, WAGES FOR RENT. SO THAT TO ME SOUNDS LIKE, UM, IT CAN GO EITHER WAY. AND AGAIN, UH, TO MR. MYERS'S POINT, WHO'S GONNA POLICE IT AFTER THE FACT. UM, SORRY, GOTTA GET MY GLASSES ON TO SEE WHAT MY OTHER NOTES WERE. UM, YOU KNOW, AGAIN, UH, YOU KNOW, HOW DID YOU ENGAGE WITH THE NEIGHBORS? WELL, ENGAGED WITH THE NEIGHBOR TO THE WEST TO SEE IF THEY COULD, IF HE COULD RENT OR BUY THE 15 FOOT EASEMENT. SO, UH, THAT WAY, UH, INSTEAD OF HAVING TO BUILD A TWO OR 300 FOOT ROAD SOUTH OF NORTH HAVEN, UM, HE COULD JUST PUSH AN ALLEYWAY THROUGH TO ACCESS THIS HOUSE FROM THE REAR. SO AGAIN, UH, VERY LITTLE TO NO, UM, THOUGHT ABOUT, UH, UH, ADVERSE EFFECT, UH, TO THE NEIGHBORHOOD. UM, AND THEN FINALLY, AND PERHAPS MOST IMPORTANTLY, UM, THIS AREA FLOODS. UH, WE'VE LIVED HERE SINCE 1993, UM, EVERY TWO TO FIVE YEARS IN SEASONALLY HEAVY RAINS OR UNSEASONABLY HEAVY RAINS. UM, THIS AREA TO THE SOUTH OF THE POND BECOMES MARSHY. IT IS A DRAINAGE AREA. IT IS RUN OFF TO WHITE ROCK CREEK. AND IT HAS ACTUALLY, UM, FLOODED TO THE POINT THAT IT HAS COME ONTO OUR PROPERTY. SO, UH, UH, ACROSS THE SOUTH SIDE FROM THE POND OVER THE 15 FOOT EASEMENT AND, UH, THROUGH OUR FENCE AND STARTED TO DRAIN UP TO THE POINT WHERE I ACTUALLY CHECKED WITH STATE FARM ABOUT 15 YEARS AGO, 20 YEARS AGO TO SEE IF I NEEDED FLOOD INSURANCE. UM, THERE IS ACTUALLY A FLOOD ZONE THAT, UH, IS ABOUT THREE TO 400 FEET EAST OF, UH, MR. NOLAN'S PROPERTY. UM, AND WHEN WE REACHED OUT TO, UH, UH, THE CITY OF DALLAS, UM, UH, WATER UTILITIES, UM, THEY AGREED WITH US THAT THAT WAS A OUTDATED STUDY, UH, 20 14, 11 YEARS OLD, AND THAT THE UPSTREAM AREA FROM THAT WAS OVER A HUNDRED ACRES. AND I'M NOT SURE IF MR. NOLAN KNOWS THIS OR NOT, UM, BUT THEY'VE ACTUALLY COMMUNICATED, I BELIEVE, WITH YOUR ENGINEER THAT A FLOOD STUDY IS NOW REQUIRED, UH, BECAUSE, UH, AGAIN, UM, THIS, UH, THIS IS AN AREA THAT THAT DOES FLOOD. AND YOU KNOW, REALLY QUICK, WHAT I'M TRYING TO DO HERE RIGHT NOW IS SAVE YOU A BUILDER LIABILITY SUIT IN ABOUT THREE YEARS. UH, BECAUSE NO MATTER HOW MUCH HARD STAKE AND CONCRETE YOU ELEVATE THAT ROAD AND THAT STRUCTURE, UM, YOU KNOW, THEY'RE EITHER NOT GONNA BE ABLE TO GET TO THEIR HOUSE OR THEIR HOUSE GONNA FLY. SIR, YOU NEED TO COME TO CONCLUSION. SO ANYWAY, UM, DEFINITE ADVERSE CONSEQUENCES TO MULTIPLE NEIGHBORS, AND WE ASK THAT YOU DENY THIS APPLICATION. THANK YOU. THANK YOU. NEXT SPEAKER, CYNTHIA MOCHA CHER. GOOD AFTERNOON. MY NAME IS CYNTHIA CHER AND I LIVE AT 65 17 RURAL CREST DRIVE. GOOD AFTERNOON. WHAT DO YOU THINK I BEEN MY WORDS. UM, I AM BORN IN DALLAS, LIVED HERE MY WHOLE LIFE, LIVED IN THE SOUTH FOR 33 YEARS. MY HASN SAID WE'VE PURCHASED IT BECAUSE IT'S A LOVELY NEIGHBORHOOD. IT'S SPACIOUS AND GREEN AND NATURAL. UM, WE'RE IMMEDIATE NEIGHBORS TO THE SOUTH OR THE 66 16 NORTH HAVEN SPECULATIVE OF DEVELOPMENT WE'RE LUXURY ESTATE. , I CAA TERMINOLOGY MISLEADING AND SOMEWHAT OFFENSIVE SINCE IT'S QUITE LARGER THAN OUR PRIMARY RESIDENCE. UM, MR. NOLAN CANNOT GUARANTEE THAT IT WILL NOT BE USED AS AN AIRBNB RENTAL HOUSING OR ANYTHING BECAUSE IT'S A SPECULATIVE DEVELOPMENT. AS SOON AS IT'S BUILT, WE SELL IT. THERE'S AS MUCH MONEY AS POSSIBLE. UM, WE'VE LIVED IN THIS HOUSE FOR 30 YEARS. WE'VE ENJOYED, HAD QUIET ENJOYMENT. WE'VE BEEN GOOD NEIGHBORS. WE KNOW ALL OF OUR NEIGHBORS TRIED TO FIND THAT WE'RE NEIGHBOR. WE'VE NEVER MET, UH, THERE WAS NO ATTEMPT TO REACH OUT TO US. WE ARE THE MOST IMMEDIATELY IMPACTED BY THIS NEW DEVELOPMENT. SO OUR VIEW, WHICH MY HUSBAND [03:55:01] SHARED WITH ME, I'LL SHARE ADDITIONAL PICTURES. THE TREE THAT WILL BE CUT DOWN IS APPROXIMATELY 65 FEET TALL. IT'S THE GUARDIAN OF THE NEIGHBORHOOD AND IT'S HOME NESTING RED SHOULDER TALKS. UM, IT'S HEARTBREAKING ACTUALLY. UM, MY HUSBAND AND I ARE BOTH REAL ESTATE PROFESSIONALS AND SOMETIMES THE BEST DEAL YOU DO IS THE ONE THAT YOU DON'T MOVE FORWARD WITH. AND I WOULD JUST ASK THAT YOU DENY THIS APPLICATION 'CAUSE IT'S GOING TO DESTROY AND IRREPARABLY HARM THE NATURE AND CHARACTER OF THE NEIGHBORHOOD. I KNOW MR. NOLAN SPOKE TO THERE BEING PRECEDENTS FOR BACK HOUSES, QUARTERS, ACCESSORY VOLUME UNITS. NONE OF THEM ARE PUSHED UP WITHIN 15 FEET OF SOMEONE ELSE'S BACK FENCE. AND THE THOUGHT OF LOSING THE GREEN BELT TO A 16 FOOT SINGLE STORY BRICK STRUCTURE IS GOING TO CAUSE IRREPARABLE DAMAGE, BOTH MONETARY AND EVERY OTHER WAY YOU CAN IMAGINE TO OUR HOUSE. SO HAD WE HAD A CHANCE TO TALK TO MR. JUAN, WE WOULD'VE BEEN MORE THAN GRATEFUL AND WILLING TO TALK THROUGH SOME OF THIS, BUT WE WEREN'T GIVEN THAT CHANCE. AND I FIND THAT SURPRISING, ESPECIALLY GIVEN ALL OF HIS EXPERIENCE WITH THE BOARD, THAT HE WASN'T AWARE OF THAT. I WASN'T AWARE OF THAT UNTIL I CAME HERE TODAY. SO THAT WOULD'VE BEEN NICE IF WE'D BEEN GIVEN THAT, UM, COURTESY. UM, I THINK HE SHOULD DENY IT. I UNDERSTAND WHAT AN ACCESSORY BELONGING IS. UM, I UNDERSTAND WHAT WE'RE BEFORE HERE FOR EXTENDED FAMILY AND FRIENDS, GUEST HOUSES. THERE'S NOTHING WRONG WITH THAT. UM, THERE IS SOMETHING WRONG BUILDING A 16 FOOT BRICK STRUCTURE RIGHT UP AGAINST THE BACK OF MY BACK FENCE LINE WITHOUT ASKING HOW I'LL FEEL ABOUT THAT. UM, ANYWAY, THANK YOU FOR THE OPPORTUNITY. I AM STRONGLY AGAINST THIS AND I REQUEST THAT YOU DENY IT BEFORE. THANK YOU FOR YOUR COMMENTS, ELIZABETH BARNWELL, GOOD AFTERNOON. I'M ELIZABETH BARNWELL. I LIVE AT 6 5 2 7 ROYAL CREST DIRECTLY BEHIND THE PROPOSED PROJECT. UH, THANK YOU FOR LISTENING TO US. UM, I WANT TO BEGIN BY PAINTING A PICTURE. NOT LONG AGO I VISITED A SHOP IN DALLAS. IT FELT LIKE A LARGE RESORT. BRIGHT LIGHT HUNG FROM TREES. TROPICAL MUSIC BUMPED INSIDE AND OUT, AND SHOPPERS SIFT COCKTAILS WHILE BROWSING RACKS AND AND JUST WHERE IT WAS IN THE CASITA OF A MULTIMILLION DOLLAR HOME IN HIGHLAND PARK. ANOTHER EXAMPLE, A WORKOUT STUDIO I FREQUENTED, FARS LINED WITH THE STREETS AND CHATTY FRIENDS MET EARLY FOR MORNING CLASSES. THIS WAS ALSO IN AN ACCESSORY DWELLING UNIT OF A MULTIMILLION DOLLAR HOME IN GREEN WHITE PARKS. COMMERCIAL BUSINESSES, INCLUDING AIRBNBS, OPERATE OUT OF THESE SECONDARY STRUCTURES. PEOPLE FEEL COMFORTABLE INVITING STRANGERS AND LARGE CROWDS BECAUSE THOSE BUILDINGS ARE COMPLETELY SEPARATE FROM THEIR HOMES. I'VE SEEN IT HAPPEN FIRSTHAND. IF THEY BUILD IT, IT WILL, THEY WILL COME. I DO NOT WANT THIS HAPPENING IN OUR BACKYARD. THE NORTH HAVEN PROPERTY, I BELIEVE THAT MR. NOLAN MENTIONED, UH, CLOSE BY. IT WAS AN EXAMPLE IN OUR NEIGHBORHOOD, HAS BEEN USED AS A PIL STUDIO. ONE OF THE ACCESSORY OWNED THE ZONING CODE REFERENCES GARDEN HOUSES AND SHEDS STRUCTURES UNDER 700 SQUARES AND 25% OF THE PRIMARY STRUCTURE PER SCALE. IN PRESTON HOLLOW, THE AVERAGE HOME IS ABOUT 4,000 SQUARE FEET, SO ROUGHLY AN 8,200 SQUARE FOOT MAIN HOUSE IS ALREADY AT THE VERY LARGE END FOR OUR AREA. ADDING A SECOND STRUCTURE WITH MAGNITUDE IS OUT OF CHARACTER. I'M TRUE TO THE CLOSING IN. YES, THIS IS A LARGE LOT, BUT MOST OF IT IS THE POND. UM, MR. NOLAN HAS PUSHED THIS BUILDING SITE AS MY FRIENDS AND NEIGHBORS HAVE MENTIONED FAR TO THE FRINGE, RIGHT UP AGAINST OUR PROPERTY, NOWHERE NEAR THEIR MAIN HOUSE. MOST YARD HAVE, UH, MOST HOMES HAVE A BACKYARD BEHIND THEM AND THEN THEIR NEIGHBOR'S BACKYARD AND THEN, UH, WAS COMPLETELY ABLATED THAT. AND WE WOULD POTENTIALLY HAVE FOUR HOMES DIRECTLY AGAINST OUR PROPERTY IF THIS IS ALLOWED TO BE BUILT. AND THE SAME COULD HAPPEN POTENTIALLY TO THE HOME NEXT DOOR. THE SO-CALLED PITA IS ESSENTIALLY A SECOND HOME, THREE BEDROOMS, TWO BATHS, A KITCHEN, LAUNDRY PORCH, AND TWO BARK GARAGE. OVER 3,200 SQUARE FEET IN ALL THE SIZE OF MANY PRIMARY HOMES HERE. IT REMOVES MATURE TREES, AS IN SURFACE REQUIRES A NEW ROAD CROSSING ORANT CREEK, DAMAGING THE POND AND HABITAT THAT FLOW INTO WHITE ROCK LAKE. THIS [04:00:01] SITS AT THE LOWEST ELEVATION ON THE LOT, UH, WERE ADDED RUNOFF OR WORSE IN DRAINAGE AND ALL. UM, PLUS YOUR WORK IS BEAUTIFUL. WE HAVE IS LOVE WHAT YOU DO. ABSOLUTELY BEAUTIFUL. BUT, AND I KNOW YOU'RE ALSO SMART FOR DEVELOPER, BUT THIS IS NOT A COMMERCIAL DEVELOPMENT AND I DON'T THINK THIS MINDSET BELONGS IN OUR NEIGHBORHOOD. AND IF WE COULD WORK ON SOME SORT OF COMPROMISE OF MAYBE PUSHING THE STRUCTURE FORWARD AND HAVING A VEGETATED BARRIER OR SOMETHING WHERE IT'S NOT SO IN OUR FACE, UM, AND, AND CAUSING SO MANY ISSUES FOR US, UM, FROM A BUSINESS STANDPOINT, I'M A I HAVE BEEN A BUSINESS, YOU CAN GAIN MORE BY PUSHING YOUR, YOUR SQUARE FOOTAGE TO YOUR MAIN HOUSE AND, AND NOT SPENDING SO MUCH ON, UH, BUILDING THIS MASSIVE ROAD FILLING IN PARTIALLY POND. UM, I KNOW THAT YOU HAD MENTIONED, OR I, I SPOKE WITH YOUR WIFE AND SHE SAID ORIGINALLY, MA'AM, MA'AM, ADDRESS YOUR COMMENTS TO THE CHAIRMAN. YES. YES. NOT TO ANYONE ELSE RIGHT HERE. FORGIVE ME. THANK YOU. I, I'M BEING CHATTY. SO I ORIGINALLY, UH, SAW THEM SCOPING THE LAND AND, AND BEHIND OUR HOUSE. SO I, I APPROACHED THEM AND THEY SAID THAT THEY WERE GOING TO BUILD, UM, A SMALL GOLF CART PATH AND THEN A SMALL STRUCTURE THAT WE WOULDN'T SEE. AND THEN WE FOUND OUT THAT THIS HAD BEEN FILED AND IT WAS QUITE UPSETTING AND, UH, CONTRARY TO, TO WHAT THEY ORIGINALLY TOLD US, AND WE HAD TO APPROACH THEM REGARDING THIS. UM, GRANTING THIS VARIANCE AND EXCEPTION WOULD OVERDEVELOP OUR NEIGHBORHOOD ERODING THE SINGLE FAMILY FABRIC AND QUIET CHARACTER OUR ZONING IS MEANT TO PROTECT. AND SO I RESPECTFULLY ASK THAT YOU DENY THIS IN FULL. THANK YOU. I APPRECIATE YOUR TIME. THANK YOU VERY MUCH, MS. ANN ADAMS. MY NAME IS ANN ADAMS. I LIVE AT 65 37 ROYAL CREST. GOOD AFTERNOON AND THANK YOU FOR LISTENING TO US AND THANK YOU FOR ALL, ALL OF YOUR TIME. UM, AS I SAID, I'M ANNE ADAMS. MY HUSBAND AND I BOUGHT OUR HOME AT 65 37 IN 1997 TO BE OUR FAMILY HOME WHEN WE MOVED TO DALLAS FROM SOUTH TEXAS. SO WE'VE BEEN THERE GOING STARTING 29 YEARS. MY HUSBAND IS DECEASED AT THIS POINT, SO I LIVE THERE. UM, I AM AN IMMEDIATE NEIGHBOR TO THE PROPERTY AT 66 16 NORTH HAVEN. MY PROPERTY IS WITHIN 45 FEET APPROXIMATELY, UH, FROM MY PROPERTY. I OPPOSED THE APPLICATION FOR AN EXCEPTION TO BUILD AN ACCESSORY DWELLING UNIT ON THE PROPERTY AS IT WILL DIRECTLY HARM MY PROPERTY. IT WILL EVEN MORE IMPORTANTLY, CREATE A THREAT OF FLOODING. IN ADDITION, THE PRIVACY THAT WE ORIGINALLY TREASURED WILL BE GROSSLY DESTROYED AND THE NOISE LEVEL WILL CHANGE. THESE ARE ALL THINGS THAT DRAW PEOPLE TO OUR NEIGHBORHOOD, ESPECIALLY BUILDERS AND REMODELERS. AND THEN THEY COME IN AND DESTROY THAT. IT ALSO STANDS TO REASON THAT THESE DRASTIC CHANGES WILL POSSIBLY LOWER MY VALUE OF MY PROPERTY WHEN I DO DECIDE SELL, WHICH TO ME IS A BIG POINT. MY PROPERTY HAS ALWAYS BEEN TREASURED BY ANYONE WHO VISITS AS ALL THE PROPERTIES AND THE PEOPLE FROM MY NEIGHBORS, UM, TESTIFYING WHO VISIT AS AN AMAZINGLY PRIVATE BURDEN OASIS IN THE MIDDLE OF A BUSTLING METRO BUTS. THIS IS WHAT ATTRACTED US ALL, AND THIS WILL BE DESTROYED BY WHAT MR. NOLAN IS, UH, PROPOSING. I'M OPPOSED TO THIS FOR THIS REQUEST, UM, AND TO ASK YOU TO DENY IT. THE RISK INVOLVED WITH THIS OVERSIZED STRUCTURE AND THE POSSIBILITY TO ALTER OUR DRAINAGE FROM OUR, FROM OUR PROPERTIES INTO THE CREEK, WHICH NOW DRAINS VERY SUCCESSFULLY, DESPITE THE FACT THAT THE NEARBY SWEDEN EDGEMERE FLOODS WHEN WE GET, WHICH IS AT THE [04:05:01] END OF THE DRIVE, HE WAS TRYING TO GET THE UTILITY EASEMENT THAT STREET FLOODS. WHEN WE GET HEAVY RAINS, OUR PROPERTIES DRAIN WELL INTO THE CREEK UNTIL WE GET A SUPER GULLY WASHER, WHICH WE'VE BEEN GETTING. IT NEVER COMES WITHIN MY FENCE LINE. HOWEVER, IF WE WERE TO BUILD THERE AND HAD TO RAISE THE PROPERTY, IT WOULD BLOCK THAT DRAINAGE AND IT'S UNDETERMINED WHAT COULD HAPPEN WITH ALL OF THAT. UH, WE'VE NOT BEEN, HAD ENOUGH TIME OR NOTICE TO GET ENOUGH STUDIES, AND THE BURDEN IS ACTUALLY ON HAND. SO I ASK YOU TO BE DENY THIS DRASTIC CHANGE TO OUR EXISTING DELIGHTFUL NEIGHBORHOOD BASED ON FLOOD RISK AND INTRUSION OF NEIGHBORS LIVES, AND NOT GIVE IN TO THIS DISRESPECTFUL ENDEAVOR THAT COULD CAUSE A NATIONAL NATURAL TRAGEDY. WE HAVE, HAVE ALWAYS LIVED IN MUTUAL RESPECT IN THIS NEIGHBORHOOD. IT'S VERY UNUSUAL, UM, I GUESS, AND WE ALWAYS RESPECT EACH OTHER'S PROPERTY AND DON'T ENCROACH EACH OTHER. AND YET WE'RE ALL VERY FRIENDLY WITH EACH OTHER. THIS SAME RESPECT HAS NOT BEEN SHOWN WITH THIS, WITH THIS, UM, PROPOSAL. IT WOULD BE REALLY NICE IF WE COULD ONLY CONTINUE TO LIVE GENTLY ON THIS EARTH IN OUR NEIGHBORHOOD, WHICH WE HAVE FOR OVER 28 YEARS WITHOUT THIS DESECRATION OF THE LAND AND BURDEN LIFE, THE PEACE AND TRANQUILITY THAT DREW US ALL TO THIS AREA AND OUR HOMES COULD REMAIN. THANK YOU FOR YOUR COMMENTS. THANK YOU. LAST, LAST, THANK YOU. THANK YOU, MR. JOHN PICKENS. MY NAME IS JOHN PICKENS. I LIVE AT 66 26 NORTH HAVEN ROAD IN DALLAS, 7 5 2 3 0. AND I TOO WANT TO THANK YOU ALL FOR TAKING YOUR TIME TO LISTEN TO OUR CONCERNS. I BOUGHT THIS PROPERTY, MY WIFE AND I BOUGHT THIS PROPERTY, WAS 50 YEARS AGO. WE TORE DOWN THE OLD FARMHOUSE ON IT. WE BUILT OUR HOUSE. WE HAVE BEEN THERE FOR 50 YEARS. I KNOW MORE ABOUT THE NEIGHBORHOOD IN ADDITION TO SOME OF THE OTHER, MY OLD NEIGHBOR THAN ANYBODY ELSE IN THIS ROOM. FIRST OF ALL, THERE ARE RESTRICTIONS IN OUR HOMEOWNERS ASSOCIATION THAT PROHIBIT TWO HOUSES ON THE SAME PROPERTY. NOW, I DON'T KNOW IF THEY WANT TO CALL IT A OUTHOUSE, WHATEVER THEY WANNA CALL IT. IT'S THE SECOND RESIDENCE COMMITTEE. UH, AND HE SAID HE GOT PERMISSION FROM THE APPROVAL FROM OUR PLAN COMMITTEE OF OUR HOMEOWNERS ASSOCIATION. AND IN ID RESTRICTIONS, IT SAYS THAT DOESN'T, UH, SET IN CONCRETE. IT CAN BE OVERRUN. I'M SORRY. OVERRULED. IT'S BEEN A LONG DAY FROM YOU FOLKS. I'M OLDER THAN ANYBODY ELSE IN THE ROOM TOO. UM, YOU'RE DOING GREAT. THANK YOU, SIR. AND YOU HAVE TO HAVE ONE ACRE AT LEAST TO BUILD A HOUSE. NOW, THE H THE HOUSE TO THE EAST OF ME DIDN'T HAVE ONE ACRE, BUT UNDER THE DEEP RESTRICTIONS, HE COULD GO TO THE CENTER OF NORTH HAVEN ROAD AND COUNT THAT AS HIS ONE ACRE. A LOT OF PEOPLE DON'T KNOW THAT EITHER. UM, WE HAVE, CITY OF DALLAS HAS BEEN GOOD TO US. THEY, THEY OVER THE YEARS, HAVE WANTED TO COME IN AND PAY OUR BLACKTOP ROAD IN FRONT OF OUR HOUSES ON NORTH HAVEN. WE'VE ASKED THEM NOT TO BECAUSE WE LIKE THE IDEA OF MORE COUNTRY STYLE NEIGHBORHOOD. UM, WHAT PEOPLE ALSO DON'T KNOW, I LEARNED THIS WHEN WE FIRST MOVED IN 50 ODD YEARS AGO, THAT SUPPOSEDLY NORTH HAVEN ROAD, IS IT TRIBUTARY TO THE OLD CHISHOLM TRAIL. NOW YOU CAN TAKE THAT WITH A GRAIN OF SALT. I DON'T KNOW IF IT'S TRUE, BUT IT'S A GOOD STORY. AND THERE WERE HACKBERRY TREES PLANTED ALL ALONG THE ROAD. A LOT OF THOSE HAD DIED OUT, THEN REPLACED. WE ADDED HACKBERRY TREES TO KEEP THE STORY GOING. WHO KNOWS? UM, AND HE TALKED ABOUT HE DIDN'T HAVE ACCESS TO THE BACK OF [04:10:01] THE PROPERTY. WELL, I'M GONNA TELL YOU FOLKS, I KNEW THE LADY HE BOUGHT THE HOUSE FROM. I KNEW HER MOTHER, HER MOTHER AND HER DAUGHTER. AND I NEVER HAD ANY PROBLEMS GOING DOWN. THE, THE DAM, WHICH WE OWNED TOGETHER. HE OWNED ONE SIDE, OWNED THE OTHER SIDE. WE JUST GOT ALONG LIKE THIS LADY SAID A FEW MINUTES AGO. WE GOT ALONG. UM, NOW WHAT YOU ALSO DON'T KNOW IS IT'S PROBABLY IN THE RECORD SOMEWHERE IN THE CITY OF DALLAS. THEY'RE RIGHT THAT EDGE RIVER WILL FLOOD ONE YEAR IT FLOODED SO MUCH AND WE OWN ALL OUR POND. WE JUST DON'T OWN ALL OUR DAM, UNFORTUNATELY. IT ACTUALLY GOT INSIDE OUR BACKYARD FENCE, THANK GOD DIDN'T GET TO THE HOUSE. THAT MAY BE THE SAME YEAR THAT IT BLEW A HOLE. THE DAM, HE WANTS TO PUT HIS ROAD ON. THE LADY WHO, THE LADY WHO I KNEW SO LONG WHOSE DAUGHTER SOLD HIM THE HOUSE, SHE AND I WENT IN ON HIS SIDE OF THE DAM. YOU CAN WALK THE DAM DOWN AND SEE IT. WE DIDN'T KNOW WHAT THE GUY WAS GONNA DO. WE SAID, YOU'VE GOT TO FIX THAT HOLE. AND HE PUT CONCRETE SACKS, I GUESS MAYBE NOW YOU CAN'T DO IT. ANYWAY, HE, HE BUILT THE INSIDE OF A DAM ON THIS SIDE WITH CONCRETE SACK. YOU CAN STILL SEE IN THERE. UM, SO IT DOES FLOOD. THERE'S BEEN TIMES WHEN THE COPS HAVE BEEN OUT ON THE EDGE MIRROR, I'M SORRY, POLICE OFFICER, I DON'T LIKE THE WORD COPS. THE POLICE OFFICER STOPPED TRAFFIC ON BECAUSE IT WAS COMING OVER THE ROAD. IF YOU DON'T, HAVEN'T LIVED THERE AND YOU HAVEN'T SEEN THE RECORD, AND I'M SORRY, I'M TELLING YOU THINGS, HOPEFULLY I DIDN'T PUT IN MY TWO LETTERS TO YOU GUYS LISTING ALL MY CONCERNS. UM, UH, THANK YOU FOR YOUR TIME AND IT'S BEEN A LONG DAY FOR ALL OF US. UM, AND WE, YES, WE HAVE HAD SOME VIOLATIONS IN OUR NEIGHBORHOOD AND OUR DEALER RESTRICTIONS. WE'VE TRIED TO CATCH 'EM, UH, IN THE OVER 50 YEARS. WE'VE HAD PEOPLE WHO WANT TO COME IN AND BUY HOUSES IN OUR NEIGHBORHOOD AND THEN CUT THE ONE ACRE INTO TWO. AND WE'VE GONE TO 'EM AND SAY, YOU CAN'T DO THAT. THAT'S A VIOLATION OF OUR DEALER DRIVEN. AND ALSO EVERY 10 YEARS WE HAVE TO RENEW ID RESTRICTIONS TO KEEP 'EM UP IN FORTH. NOW, TRUTHFULLY, WE'VE HAD SOME VIOLATIONS BECAUSE SOME PEOPLE DON'T CARE. BUT AS OLD FOLKS, I'M SORRY. WE DO CARE. WE LOVE OUR NEIGHBORHOOD. WE LOVE THE POND, AND WE DON'T WANT SEE IT DESTROYED. THANK YOU, SIR. THANK YOU, SIR. I HOPE YOU WILL TURN IT DOWN. APPRECIATE IT. THANK YOU FOR YOUR COMMENTS. SORRY IF I GOT CARRIED AWAY. NOPE, YOU'RE FINE. WE APPRECIATE EVERYONE'S PATIENCE. PATIENCE. UM, A AS CONSISTENT WITH OUR RULES OF PROCEDURE, THE APPLICANT IS ALLOWED A FIVE MINUTE REBUTTAL, SIR. SURE. UH, I JUST, I WANT TO THANK EVERYONE, UH, HERE IN OPPOSITION AND EVERYTHING THAT WAS SAID. I RESPECT IT. UM, I WANNA APOLOGIZE FOR THOSE ON ROYAL CREST. I DID NOT REACH OUT. I I SHOULD HAVE. UM, YOU KNOW, I I DO KNOW THAT WE, WE, YOU KNOW, BUMPED INTO YOU GUYS. I GUESS AMY BUMPED INTO YOU GUYS. UM, I, I DON'T KNOW WHAT WAS SAID FIRST TIME THAT Y'ALL MET OVER THERE. I, I KNOW IT WAS ALWAYS OUR, OUR INTENT TO BUILD A CASITA BACK THERE. UM, WE WERE CONTEMPLATING JUST HAVING A GOLF PATH, YOU KNOW, ALONG THAT EASTERN EDGE WHEN WE, THAT WAS AT THE TIME THAT WE'D HOPED WE COULD WORK SOMETHING OUT WITH THE NEIGHBOR TO THE WEST TO COME ALONG THE BACK. WE WEREN'T SUCCESSFUL IN THAT. SO OUR ONLY, OUR ONLY WAY BACK THERE WAS TO, TO BUILD THE DRIVEWAY ON THE EASTERN EDGE. UM, YOU KNOW, AGAIN, I I'M NOT SAYING IT'S RIGHT, BUT IN, IN, IN OUR MINDS, YOU KNOW, WE BOUGHT THE PROPERTY TO BUILD WHAT WE'VE DESIGNED AND, AND THIS ACCESSORY STRUCTURE BACK THERE, UM, YOU KNOW, WHETHER OR NOT IT HAD A KITCHEN, THAT THAT'S SORT OF THE, THE MIDDLE MAP THAT I WAS GOING ON. AND I, I, I WASN'T THINKING, OKAY, THE RURAL CREST NEIGHBORS ARE, YOU KNOW, ARE, ARE GONNA BE UP IN ARMS ABOUT THAT. BUT, BUT I, I COMPLETELY UNDERSTAND WHY THEY'RE HERE TONIGHT AND WHY WE'RE 'CAUSE, AND I THOUGHT THIS WOULD BE THE CASE. WE WOULD SPEND THE MAJORITY OF THE TIME TALKING ABOUT THIS STRUCTURE WHERE IT IS. UM, ALL I CAN SAY, UM, FOR BETTER OR WORSE, WE HAVE TO ABIDE BY PLANNING AND ZONING ORDINANCES, BUILDING SETBACKS, BUILDING HEIGHTS. WE'RE GOING TO DO THAT. SO, UH, SAME THING WITH TREES, SAME THING WITH, UH, ENGINEERING DESIGN STUDIES, FLOODPLAIN STUDIES. LIKE I SAID, WE ENGAGED WITH THE CITY BACK IN JUNE. UH, WE ARE CON IN CONTINUOUS ENGAGEMENT WITH THEM TO PERFORM ALL THE NECESSARY STUDIES, ANY REQUIRED PERMITS, ET CETERA, ET CETERA, ET CETERA. UM, YOU KNOW, AS FAR AS HEADLIGHTS TO RURAL CREST NEIGHBOR, STEP BACK UP TO US. CURRENTLY [04:15:01] THEY HAVE WR IRON FENCES AT THE BACK. I, I'M OKAY LEAVING THAT IF THEY WANT. BUT YOU KNOW, WE CAN ALSO BUILD A NINE FOOT TALL FENCE BACK THERE AS PART OF OUR PERMIT THAT WOULD BLOCK ANY HEADLIGHTS. IF, IF THAT'S WANTED, GREAT. IF IT'S NOT WANTED, YOU CAN HAVE A CONVERSATION ABOUT IT. UM, YOU KNOW, I I I GET THE ADVERSE IMPACT, BUT I THINK THAT'S MORE ON WHETHER OR NOT THE STRUCTURE EXISTS BACK THERE. BUT THAT'S NOT WHAT WE'RE HERE TALKING ABOUT TODAY, UNFORTUNATELY. UM, CAN DO YOU DENY THE ACCESSORY DWELLING UNIT? ABSOLUTELY. AND IF THAT'S THE CASE, I UNDERSTAND, UM, THE TREES, ANY TREES WE HAVE TO REMOVE, WE'RE GONNA HAVE TO, TO DEAL WITH AND DO WHAT, WHAT WE HAVE TO DO, YOU KNOW, FOR CITY REQUIREMENTS. UM, THE ONE HOUSE THAT, UM, I'M VERY FAMILIAR WITH, UM, THAT WOULD HAD A ACCESSORY SEARCH AT THE BACK THAT WE USED AS THE PILATE STUDIO. IT WAS ACTUALLY DESIGNED AS A PILATE STUDIO. I'M NOT DESIGNING SOMETHING AS A BUSINESS. UM, IT IS VERY MUCH DESIGNED AS A BACK HOUSE AND THE USED EXACTLY AS I, YOU KNOW, EXPECT IT TO. CAN I POLICE IT? NO. DO I KNOW WHAT WHOEVER BUYS IT FROM US WILL DO WITH IT? NO. I KNOW WHAT THE DEED RESTRICTIONS RESTRICT US FROM DOING. UM, LET'S SEE. SORRY, I'M JUMPING AROUND. I JUST TOOK A BUNCH OF NOTES HERE AND I WANTED TO ADDRESS ALL OF THEM. UM, YOU KNOW, IT'S, IT ARE WE PUSHED ALL THE WAY TO THE BACK AGAIN, NO, BY RIGHT. WE HAVE A 10 FOOT BUILDING SET. WE ALL DID. EVERYBODY HERE IN THIS ROOM HAS THE ABILITY TO DEVELOP ANYWHERE ON THEIR LOT WITHIN PLANNING, ZONING, ORDINANCES, RIGHT? WE HAVE FRONT YARD SETBACKS, SIDE YARD SETBACKS, THREE YARD SETBACKS. I HAVE A 10 YARD, 10 FOOT REAR YARD SETBACK AT THE BACK OF MY LOT. HOWEVER, I ALSO HAVE A 15 FOOT UTILITY EASEMENT THAT'S MORE RESTRICTIVE THAN, THAN THE 10 FOOT. AND SO THAT'S WHAT WE WORK WITH. UH, AND THAT'S WHAT WE'VE DESIGNED WITH AND THAT'S WHAT WE WILL DO. UM, AGAIN, I I, IT'S NOT FUN BEING A DEVELOPER AND A BUILDER AND HAVING UNHAPPY NEIGHBORS. UM, I ALWAYS WANT TO HAVE HAPPY NEIGHBORS. I WANT TO FOLLOW THE PROCESSES THAT THE CITY HAS FOR US TO FOLLOW. AND I'M TRYING TO DO THAT. I WISH THAT, YOU KNOW, I COULD MAKE EVERYONE HAPPY ON THIS DEVELOPMENT. UM, THIS IS A TOUGH ONE FOR ME. I, I DON'T KNOW THAT I'VE HAD THIS MUCH OPPOSITION BEFORE AND I DON'T LIKE IT. I, I WISH THAT I CAN MAKE EVERY, EVERYONE HAPPY. ALL, ALL I CAN TELL YOU IS THAT WE DO CARRY VERY MUCH ABOUT WHAT WE DESIGN, DEVELOP, BUILD. THIS IS NOT A CONVERT COMMERCIAL DEVELOPMENT FOR US. THIS IS A LUXURY SINGLE FAMILY DEVELOPMENT. UH, AND WE'RE BUILDING IT AS SUCH AND WE INTEND TO MAKE IT BEAUTIFUL, AND WE'RE GONNA DO OUR BEST TO DO THAT WITHIN OUR RIGHT. THANK YOU VERY MUCH, SIR. OKAY. UH, I'M GONNA, I'M GOING TO, UM, ENTERTAIN A MOTION TO, TO DO, UH, BUT BEFORE I DO, I WANNA, UH, I APPRECIATE THE, THE YOU YOUR RIGHTS AS A PROPERTY OWNER AND WANTING TO DEVELOP YOUR PROPERTY WITHIN THE LAW. AND I APPRECIATE VERY MUCH VERY, UM, TELLING TO HEAR FEEDBACK FROM ADJACENT PROPERTY OWNERS WHO RAVE THE DAY WITH US AND SEEN THE WHOLE RANGE OF THINGS THAT, THAT WE DO TO, TO REVIEW. UM, I WOULD, I DON'T KNOW WHAT THE END RESULT OF THE MOTION'S GOING TO BE, BUT I WOULD IMPLORE UPON YOU TO REMEMBER THIS EXPERIENCE AND THE IMPORTANCE OF, UH, ENGAGEMENT ON A POSITIVE BASIS WITH YOUR FELLOW PROPERTY OWNERS. BECAUSE YOU MAY NOT NEED TODAY, BUT YOU MAY TOMORROW, AND YOU ONE DOES NOT WANT RETRIBUTION, ONE WANTS A, SOME SENSE OF COMMUNITY. UM, SO I, I JUST WANNA RE REINFORCE THAT THE CHAIR WOULD ENTERTAIN A MOTION. I'D LIKE TO MAKE A MOTION, MR. FINNEY. I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BO OA DASH 25 DASH 0 0 0 5 8 ON APPLICATION OF CLINT NOLAN DENY THE SPECIAL EXCEPTION TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT NOT FOR RENT ON THE SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE. 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BO A 2 5 0 0 0 0 5 8. MR. FINNEY HAS MADE THE MOTION TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR ADDITIONAL DWELLING UNIT WITHOUT PREJUDICE. IS THERE A SECOND? I'LL SECOND. IT'S BEEN SECONDED BY MR. SAIK DISCUSSION OF THE MOTION, MR. FINNEY. SO THERE, THERE'S A LOT OF THINGS I COULD SAY, BUT I'M GONNA KEEP IT SHORT AND SIMPLE. UM, UM, MR. NOLAN, IF THERE'S ANYTHING THAT YOU WALK AWAY FROM TODAY, I HOPE THAT IT IS, THAT IF THIS PROJECT HAS A FUTURE, IT'S NOT BACK TO THE DRAWING BOARDS, IT'S BACK TO THE NEIGHBORHOOD. AND THESE GUYS OVER HERE, THEY'RE A NEW DES, THEY'RE YOUR NEW DESIGNERS. THEY'RE, THEY'RE GONNA BE DESIGNING THIS WITH YOU. UM, AND, AND I THINK, YOU KNOW, IT'S REALLY TEMPTING. UM, [04:20:01] I, I UNDERSTAND, I SEE THE SITUATION WHERE IT'S REALLY TEMPTING TO TREAT A PROJECT LIKE THIS WHERE STAKEHOLDERS ARE AN OBSTACLE TO DEAL WITH, BUT IN FACT, THEY CAN BE YOUR BEST PARTNERS AND YOUR BEST COLLABORATORS. IN FACT, ONE OF THE GENTLEMEN WAS PROBLEM SOLVING ONE OF YOUR ACCESS ISSUES FOR FREE. YOU KNOW, SO THERE'S A LOT OF, I ALSO JUST WANNA SAY THAT THIS HAS GOTTA BE THE FRIENDLIEST OPPOSITION I'VE SEEN IN MY FOUR YEARS OF SERVING ON THIS BOARD. SO YOU ARE SO FORTUNATE BECAUSE YOU HAVE SOME REALLY SMART PEOPLE TO COLLABORATE WITH THAT ARE SUPER FRIENDLY AND PROBABLY VERY EAGER TO WRITE THIS RELATIONSHIP. SO I WISH YOU THE BEST OF LUCK, ALL OF YOU. THANK YOU, MR. FINNEY. MR. SAIK DISCUSSION ON THE MOTION? UH, YES. UM, YOU KNOW, I'M, I'M NOT ONE TO, YOU KNOW, I AGREE THAT MR. NOLAN, UM, HAS THE RIGHT TO DEVELOP HIS PROPERTY, UM, YOU KNOW, AND PROTECT HIS INVESTMENT. UM, I DON'T NECESSARILY COMPLETELY AGREE WITH MR. PENNEY THAT THE NEIGHBORS SHOULD DICTATE HOW THAT PROPERTY IS DEVELOPED. BUT WHAT I WILL SAY IS THAT, YOU KNOW, YOU COULD COME IN AND DESTROY THE SERENITY OF THE NEIGHBORHOOD, THE COMRADERY IN THE NEIGHBORHOOD. AND, YOU KNOW, I HAVE TO SAY, YOU KNOW, I WAS SWAYED DURING THE CONVERSATION, GOING IN AND HEARING THE BRIEFING THIS MORNING. I WAS PROBABLY LEANING THE OTHER WAY, UH, AND NOT SEEING THE HARM. BUT WHEN YOU HEAR THE NEIGHBORS TALK ABOUT WHAT THIS IS GOING TO DO TO THEIR PROPERTY, SEEING THE PICTURES OF WHAT IT'S GONNA DO, THE FLOODING THAT IT COULD CAUSE, YOU KNOW, I THINK THERE'S A POTENTIAL, YOU KNOW, FOR THIS TO TRIGGER, YOU KNOW, THINGS THAT WE CAN'T IMAGINE TODAY OR HAVE NO VISIBILITY INTO WHAT THIS COULD CAUSE TODAY. SO I WOULD STRONGLY SUGGEST THAT YOU GO BACK AND WORK WITH THE NEIGHBORS TO ARRIVE AT A, AT A COMPROMISE THAT'S GOING TO MAKE EVERYONE FEEL COMFORTABLE ABOUT WHERE THEY LIVE BECAUSE THEY'VE GOT AN INVESTMENT IN THEIR PROPERTY JUST AS, JUST AS WELL. THANK YOU. THANK YOU MR. SAUK. ANY OTHER DISCUSSION ON THE MOTION? UH, I, I'M GONNA SUPPORT THE MOTIONS TO DENY, UH, I'M MORE OF THE MINDSET OF MR. SAUK. UM, I'M ALWAYS BEEN A BIG PROPERTY RIGHTS ADVOCATE, BUT JUST BECAUSE I HAVE RIGHTS DOESN'T MEAN I ELBOW TO MY LEFT OR TO MY RIGHT. AND, UM, YOU'RE SMART ENOUGH AND HOPEFULLY YOU'RE PROPERTY OWNERS THAT ARE, JASON, YOU SMART ENOUGH TO REALIZE THAT YOU CAN DO ALMOST EVERYTHING YOU WANT TO WITHIN YOUR PROPERTY, UM, BY SHRINKING YOUR SQUARE FOOTAGE, BY TAKING OUT THE KITCHEN OR OTHER THINGS. BUT I, I WANT TO CAUTION YOU AGAIN TO THINK LONGER TERM. UM, I, I'M NOT GONNA SUGGEST YOU REDESIGN, I'M JUST GONNA SUGGEST THAT YOU, UH, DO SOME ENGAGEMENT OF SOME OF THE THOUGHT PROCESS AND THE CONCERNS THAT THESE STAKEHOLDERS HAVE HAD BEFORE. THE WHOLE REASON THE STATE LEGISLATURE CREATED THE BOARD OF ADJUSTMENT FOR EVERY MUNICIPALITY IN TEXAS IS TO GIVE THE OPPORTUNITY FOR CITIZENS TO MAKE, HAVE JUDGMENT ON EXCEPTIONS TO THE ZONING RULES OF CITIZENS. WE'RE, YOU KNOW, WE'RE, WE ALL LIVE IN DIFFERENT PARTS OF THE CITY AND WE'RE SITTING IN JUDGMENT OF YOUR REQUESTS AND, AND THEIR CONCERNS. AND THAT WEAVING IS BY THE TEXAS STATE LEGISLATURE. THEY'RE THE ONES THAT SAID THERE WILL BE A BOARD OF ADJUSTMENT TO DO THIS. UM, I THINK YOUR PROJECT LOOKS BEAUTIFUL. I, IT LOOKS, OH WOW. UH, BUT I ALSO SEE, I CAN JUST IMAGINE, AND I DON'T KNOW WHAT THESE, THESE PROPERTY OWNERS HOMES LOOK LIKE, BUT I, OTHER THAN THE PICTURES THAT WE GOT, SOME OF THEM THE BACKYARDS, BUT I CAN IMAGINE THEIRS IS A SIMILAR WOW. AND YOU JUST DON'T WANNA, YOU JUST WANNA BE CAREFUL ABOUT THAT BECAUSE BOY, OH BOY, YOU MAY NOT NEED THEM TODAY, BUT THE PERSON YOU SELL TO MAY NEED HIM TOMORROW. AND I JUST WOULD CAUTION YOU TO, UM, JUST TO BE CAREFUL ABOUT THAT. BUT I WILL SUPPORT THE REQUEST THE DENIAL AS MR. FINNEY HAS PROPOSED. UH, 'CAUSE I DO NOT THINK IT MET THE BARRIER, MET THE THRESHOLD OF NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES. UH, AND IT'S NOT JUST BECAUSE YOU GUYS ARE UNITED ACROSS THE STREET BEHIND IT, IT'S BECAUSE YOU WERE PERSUASIVE AND BEING UNITED. SO, ANYTHING ELSE, ANY OTHER DISCUSSION ON THE MOTION BOARD SECRETARY WILL CALL THE ROLL. THE MOTION ON THE FLOOR IS BOA 2 5 0 0 0 5 8. UM, [04:25:01] OR ONE OTHER COMMENT I'D MAKE. ANY FUTURE CASE THAT COMES ON YOUR PROPERTY AS IT RELATES COMES BACK TO THIS PANEL. I'M, I'M JUST SAYING, YOU KNOW, BY RULE, IF THERE'S ANY ZONING CASE THAT HAS TO DO WITH 66 16 NORTH HAVEN ROAD, IT COMES BACK TO PANEL A SO FOR THE NEXT FIVE YEARS. SO YOU AND SOME OF US HAVE LONG MEMORIES. I JUST, I I'M JUST, THAT'S NOT A THREAT. THAT'S JUST SAYING PART OF OUR RULES OR PROCEDURE. SO WE HAVE LONG MEMORIES ABOUT HOW WE ENGAGE WITH OTHERS. SO, MS. BOARD, SECRETARY, MRS. AYE, MR. FINNEY? AYE. MS. HAYDEN? AYE. MR. CHAIRMAN, AYE DENY PASSES FOUR ZERO IN THE MATTER BO A 2 5 0 0 0 0 5 8. THE BOARD UNANIMOUSLY ON A FOUR ZERO VOTE, DENIED THE REQUEST WITHOUT PREJUDICE AND THE TERM WITHOUT PREJUDICE MEANS THAT HE CAN COME BACK TOMORROW, HE CAN FILE ANOTHER CASE TOMORROW. THERE'S NOTHING IN THAT BLOCKS THEM. IF THE BOARD WOULD'VE VOTED WITH PREJUDICE, HE'D HAVE TO WAIT TWO YEARS. BUT HE'S ALLOWED TO REAPPLY TOMORROW. I'M NOT SAYING HE WOULD, COULD OR SHOULD. I'M JUST SAYING THAT'S THE RULE. SO YOU'LL GET A LETTER FROM THE BOARD STAFF REGARDING THAT NEXT CASE, OR EXCUSE ME, NEXT MOTION. I'M, EXCUSE ME. I MOVE THAT THE PORT OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 5 8 ON APPLICATION OF CLINT NOLAN DENY THE VARIANCE TO THE FLOOR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT IN THE MATTER BO OA 2 5 0 0 0 0 5 8 MR. FINNEY HAS MOVED TO DENY THE REQUEST FOR A VARIANCE FOR, UM, ACCESSORY STRUCTURE WITHOUT PREJUDICE. IS THERE A SECOND? I'LL SECOND THE MOTION. IT'S BEEN SECONDED BY MR. SAUK. DISCUSSION ON THE MOTION. MR. FINNEY, UM, COPY PASTE MR. SAUK NO FURTHER COMMENT. I'M STILL AMAZED AT 47 IT WOULD, YOU KNOW, FOR ALL THIS, FOR YOU TO GO FOR 47 FEET, BUT THAT'S YOUR BUSINESS. $600 APPLICATION FEE AND ALL THIS SORT OF THING, BUT THAT, YOU KNOW, PROPERTY RIGHTS. I GET IT. ALRIGHT. UH, THE BOARD SECRETARY WILL CALL THE VOTE. MS. HAGEN AYE. MR. NEY? AYE. AYE. AYE TO CHAIRMAN, AYE TO THE PASSES FOUR IN THE MATTER OF BO 8 2 5 0 0 0 0 5 8 THE BOARD UNANIMOUSLY ON A VOTE OF FOUR TO ZERO DENIES THE REQUEST FOR A VARIANCE WITHOUT PREJUDICE FOR, UM, UH, STRUCTURE ACCESSORY TO THE MAIN, MAIN, UH, STRUCTURE MAIN SINGLE FAMILY USE. OUR BOARD ADMINISTRATOR WILL SEND YOU A LETTER. THANK YOU VERY MUCH. WE APPRECIATE EVERYONE BEING WITH US TODAY AND YOUR PATIENCE, YOUR GOVERNMENT AT WORK IN SOME WAY, SHAPE, OR FORM. THANK YOU. UH, THAT IS IT ON OUR AGENDA. ONE LAST NOTE FOR THE PUBLIC RECORD. IN ALL LIKELIHOOD, THIS WILL BE PHIL SAIC'S LAST MEETING ON THE BOARD OF ADJUSTMENT. PHIL FINISHES OUT OVER EIGHT YEARS, OVER EIGHT YEARS AS AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT. AND I, I WANNA VERY PUBLICLY SAY JOB WELL DONE PHIL. THANK YOU VERY MUCH. WITH THAT BEING SAID, IT IS 5:38 PM ON THE FOURTH. ON THE 4TH OF NOVEMBER, THE CHAIRMAN ENTERTAIN A MOTION TO ADJOURN. MR. SAUK A MO . I MOVE THAT WE ADJOURN AND MS. HAYDEN SECOND. ALL IN FAVOR? PLEASE SAY AYE. A AYE. THOSE OPPOSED ON THAT AT 5:38 PM ON THE 4TH OF NOVEMBER PANEL, A BOARD OF ADJUSTMENT IS 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.