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[Board of Adjustments: Panel C on November 17, 2025.]
SLATE AND I'M HONORED TO SERVE AS THE PRESIDING OFFICER FOR THE FULL BOARD OF ADJUSTMENTS OF ITS PANEL C.UH, TODAY IS MONDAY, NOVEMBER 17TH, 2025 AT THE TIME OF 1:00 PM AND I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL C TO ORDER FOR OUR PUBLIC HEARING, BOTH INCUR AND HYBRID VIDEO COM.
UH, WE HAVE A QUORUM FIVE PANEL MEMBERS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
UH, AGAIN, MY NAME'S JARED SLATE.
HER LEFT IS SHERRY GABO, WHO IS JOINING US IN AN ALTERNATE.
AND TO HER LEFT IS ROGER S UH, STAFF PRESENT INCLUDE IS THERESA CARLA, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, UH, MR. THOMPSON, WHO'S SERVING AS OUR INTERIM BOARD ADMINISTRATOR AND MARY WILLIAMS SERVING AS BOARD SECRETARY OF LEADING.
BEFORE WE BEGIN, I HAVE A COUPLE GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL, GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
THOUGH WE DO THE TREATED TO LONG, WE OPERATE UNDER THE CITY COUNCIL.
APPROVE RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE.
NO ACTION OR DECISION ON A CASE SETS PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS CIRCUMSTANCES.
THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS FOR WARRANT FAVORABLE ACTION FILED.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING, WHICH, UH, YOU MAY HAVE BEEN ABLE TO WITNESS AT STARTING AT 10 30 THIS MORNING.
AND I'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET WHICH EXPLAINED THE CASE WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION THAT ONLY THE CASES WE WILL HERE TODAY SHOULD BE SUBMITTED WITH SECRETARY GW.
YOUR CASE'S CALL THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORDS.
EACH CASE APPROVAL OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR A AFFIRMATIVE VOTES.
ANY OTHER MOTION TO REQUIRE BOARD VOTE LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY A BOARD ADMINISTRATOR SHORTLY AFTER EACH STAYS SUBMITTED WILL BECOME PART OF THE PUBLIC RECORD FOR EACH DAY.
ANYONE DESIRING TO SPEAK TODAY? MUCH REGISTERING VANTAGE BOARD SYMPATHY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY ON A MATTER ON AN AGENDA FOR A MAXIMUM OF THREE MINUTES.
A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS PRESENT ON VIDEO REST OF THE BOARD, NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER MAY MODIFY SPEAKING TIMES IT'S NECESSARY TO THEM TO, UM, TURNING TO OUR AGENDA, WE HAVE TWO MISCELLANEOUS ITEMS TO ADDRESS IF WE WITHOUT HAD ANY PUBLIC SPEAKERS, ANY NOT PUBLIC SPEAKERS REGISTER SIR.
OUR FIRST MISCELLANEOUS ITEM IS APPROVAL OF THE PANEL C MINUTES FROM OCTOBER 20TH, 2029.
DO I HAVE A SECOND? SECOND SESSION TIME.
ANY DISCUSSION? HEARING NONE ALL THOSE EMPLOYEES, MS. WILLIAMS, WOULD YOU PLEASE, UH, WE DON'T NEED A ROLL CALL, BUT ALL THE VOICE, THE, UH, APPROVAL MOTION GRANTED, UM, FOR, UH, THE APPROVAL OF MINUTES FROM, UH, THE OCTOBER 20, UM, HEARING ALL IN DATE? AYE.
UH, MS. LING, THIS ITEM, WHICH IS THE APPROVAL OF THE FULL BOARD MEETING MINUTES OF OCTOBER 28TH, MOTION MOVE TO APPROVE GONER A SECOND, MR. CHAIR.
I SECOND THANK FOR MR. MILLIKEN.
UM, WOULD YOU, IF YOU, UH, APPROVE, WOULD YOU PLEASE
WOULD YOU LIKE TO HAVE A DISCUSSION? UM, OH, NO, NO, NO.
I'M THINKING OF SOMETHING ELSE.
UH, EVERYONE IN FAVOR OF APPROVING THE FULL BOARD
THE FOUR MINUTES HAVE BEEN APPROVED.
UM, NOW WE WILL MOVE TOWARD OUR UNCONTESTED CASES.
THESE CASES ARE BO A 25 0 0 0 0 62, AN APPLICATION IN RESPECT TO 4 5 4 3 5 MONTICELLO AVENUE AND BOA 2 5 0 0 0 0 6 7 IN RESPECT OF 3 2 0 7 INVESTIGATOR ADDRESS HIGHWAY.
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AVAILABLE TO THE BOARD, TODAY'S BRIEFING, THE BOARD IS ASSIGNED TO GRANT A RELIEF REQUESTED BY RESPECT OF EACH OF THESE CASES.IF THERE'S ANYONE WHO DES OTHERWISE OR ANY APPLICANT THAT JUST SPEAK ON OUTTA THESE CASES BEFORE THE BOARD TAKES ACTION, SEEING NONE.
MR. SASH, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO IT.
IN THE CASE OF BO, A 2 5 0 0 0 0 6 2 APPLICATION OF SCOTT STAR WALT FOR THE VARIANCE TO THE SIDE YARD SETBACK REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS, AND THAT IS COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
AND IN THE CASE OF BO, A 2 5 0 0 0 0 6 7 APPLICATION OF ROBERT BALDWIN FOR A VARIANCE, THE SIDE YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION COMPLIANT.
THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
SHERRY
UH, I JUST WANT TO, UH, ADD THAT, UH, I PARTICULARLY APPRECIATE THE OBLIGATION TO MR. STAAL FOR ENGAGING SO MUCH WITH
MAKE SURE EVERYONE APPRECIATED AND UNDERSTOOD WHAT WAS BEING REQUESTED.
NOT TO KNOCK MR. WAS, SO I JUST WANTED TO, TO APPLAUD GOING AND, UM, MS. LIN, WOULD YOU PLEASE HELP UP? OKAY, MS. GARDNER? AYE.
MOTION TO GRANT PASSES FIVE TO ZERO AND AGAIN, THE BOARD SECRETARY WILL BE IN TOUCH WITH YOU ABOUT PROOF.
UH, THAT BRINGS US TO OUR NEXT AND FINAL CASE FOR TODAY, WHICH IS BOA 2 5 0 0 0 0 50 IN RESPECT OF 1 1 0 5 3 LONG HAVEN ROAD AND APPLICATION.
THERE SOME, UM, I BELIEVE WE ONLY HAVE A SPEAKER IN FAVOR.
DO WE HAVE ANY SPEAKER SIGNED UP TO GET IN? NO.
IN THAT CASE, UM, TAKE YOU'RE THE APPLICANT, PLEASE COME ON UP TO THE, UH, MICROPHONE, MAKE SURE IT'S ON AND RAISE IT UP.
SO SINCE YOU HAVE SOME HEIGHT ON US, UM, AFTER YOU WERE SWORN IN, WE WILL NEED TO GET YOUR NAME AND A WORK OR OTHER ADDRESS AND THEN YOU CAN HAVE FIVE MINUTES TO SORT OF GIVE US PRESENTATION IF YOU HAVE, IF ANY.
UH, THEN WE CAN ASK YOU SOME QUESTIONS AND WE CAN PROCEED IF YOU CAN TURN THE MICROPHONE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS AND PROCEED.
UM, I LIVE AT 27 20 WINFIELD IN PLANO.
UM, I'M HERE REPRESENTING MY CLIENTS THAT LIVE AT 1 1 0 5 3 LONG HAVEN.
UM, I'M THE GENERAL CONTRACTOR WORKING WITH THEM, UH, BUT BASICALLY THEY'RE LOOKING TO ADD AN A DU IN THE BACKYARD OF THEIR HOME.
UH, THE A DU IS, UM, UH, NEEDS TO BE GREATER, I GUESS, THAN THE 25 5% ALLOWANCE THE CITY ALLOWS FOR THE MAIN HOUSE.
UH, SO WE'RE LOOKING TO GET THAT VARIANCE TO ALLOW THAT TO HAPPEN.
UH, WHERE THE A DU IS GOING TO BE BUILT IS, UM, TO THE NEIGHBOR'S HOUSE.
IT'S ADJACENT TO, UH, BASICALLY A, A RECREATIONAL PART OF THEIR HOUSE.
IT'S NOT A ANNOYANCE OR A NUISANCE TO THEM.
IN THE BACK OF THIS PROPERTY IS A, UH, ENERGY SUBFIELD.
SO IT'S A BUNCH OF ENERGY LINES IN A, UH, A WALKWAY FOR LOCAL RESIDENTS.
SO IT'S NOT A NUISANCE BUILDING OR ANYTHING LIKE THAT.
THEY'RE NOT LOOKING TO RENT OUT THE, THE PROPERTY.
THEY'RE JUST LOOKING FOR EXTRA SPACE FOR THEIR IN-LAWS, FAMILIES, COUSINS, THINGS LIKE THAT BEEN THE VISIT.
SO, UH, WHICH OF THAT VARIANCE TO ALLOW THAT A TO BE BILL? DOES ANYONE HAVE ANY QUESTION? MR. S YEAH, SO, UM, I GUESS WHAT I'M LOOKING TO GET, UM, SIR, IS SOME UNDERSTANDING AS TO WHY THE 25% THAT'S ALLOWED DOESN'T WORK FOR THE APPLICANT.
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WHY CAN'T THE APPLICANT BUILD WITHIN WHAT'S ALLOWED, WHAT'S, WHAT ARE THE CHALLENGES OR CONSTRAINTS? SURE.UH, THE PROPERTY IN THAT, THAT WE'RE DEALING WITH IS, UH, UM, RANCH STYLE HOME.
IT'S, HASN'T BEEN UPDATED OR ANYTHING OF THAT NATURE.
SO THE SQUARE FOOTAGE IS RATHER SMALL FOR THAT PROPERTY LOT.
WHAT'S BEING BUILT AROUND IT? UM, THE A DU, UH, CONSISTS OF, UH, LIVING ROOM SPACE, SMALL KITCHEN, A BEDROOM AND A BATHROOM.
UM, SO THEY'RE TRYING TO MAXIMIZE THAT SQUARE FOOTAGE AS MUCH, AS MUCH AS POSSIBLE WITHOUT BEING IN INSURED.
UM, SO THEY'RE LOOKING AT SOME POINT TO EVEN ADD ONTO THEIR HOUSE TO MAKE IT BIGGER.
SO AT SOME POINT IT WILL MEET THAT, THAT REQUIREMENT, BUT FOR NOW, THEY'RE LOOKING FOR THAT SPACE TO USE, UH, MORE MEDIATED THAN, THAN LATER.
UM, SO IN THEORY THEY COULD KIND OF RAISE THE EXISTING HOUSE AND BUILD UP A
THERE, THERE'S A, A POOL IN THE BACKYARD, SO THEY'RE UM, I'M SORRY.
OH NO, I MEAN, SO THEY'RE TRYING TO MAKE IT IN A, IN A WAY WHERE IT'S MORE OF LIKE A POOL HOUSE BUT, AND ALSO AN EXTRA, UH, PLACE WHERE SOMEONE COULD STAY.
UM, SOMETIMES WE HAVE SOME GUESTS THAT STAY A LITTLE BIT LONGER.
FAMILY MEMBERS, YOU MAY NOT WANT THEM INSIDE FOR A WEEK OR TWO BESIDES HAVE THAT LITTLE EXTRA ROOM AND SPACE.
AND DO YOU HAPPEN TO KNOW IF THEY WERE THE ONES THAT PUT IN OR WHETHER THAT WAS PLUG PROPERTY? IT WAS PLUG PROPERTY.
SO THEN IT MIGHT NOT BE SOMETHING THAT THEY SELF-CREATED OF HAVING SORT OF MANEUVER AROUND THAT? UH, COULD YOU SAY IT AGAIN? I'M SORRY.
SO IT MIGHT NOT BE SOMETHING THAT THEY CREATED THEMSELVES, THEY'RE TRYING TO WORK AROUND WHILE MAINTAINING WHAT ALREADY EXISTS, MUCH LIKE THE ONE SORT.
THEY'RE JUST WORKING WITH WHAT THEY HAVE.
UM, WERE YOU ABLE TO, AND I REALIZE YOUR POINT IN MAKING IS THAT IT'S KIND OF TUCKED IN WAY BACK ON THE PROPERTY.
WERE YOU HAPPEN TO DETERMINE WHETHER THERE WERE OTHER ADUS SORT OF IN THE NEIGHBORHOOD OR IF THIS IS SOMETHING YOU WERE DIFFERENT? UM, THERE WERE A FEW.
WHAT'S HAPPENING IN THAT AREA, LIKE MUCH IN DALLAS, UM, WHEN PEOPLE WERE BUYING PROPERTIES, THEY'RE BULLDOZING THE HOUSE AND BUILDING OVER THE ENTIRE PROPERTY.
SO, UM, I THINK ONE THING THAT THEY, BEING FROM DALLAS WANNA DO IS KEEP THE CONSISTENCY OF THE HOUSE AND WHAT IT, WHAT IT IS THAT RANCH STYLE HOME RATHER THAN JUST BUILDING THIS MASSIVE NEW UPDATED HOME.
SO THERE IS A MIXTURE IN THAT NEIGHBORHOOD OF SOME HAVING SOME ADU, BUT, BUT MANY ARE JUST LARGE HOUSES THAT ALL ENCOMPASS EVERYTHING.
AND AM I RIGHT THAT THEY'RE ALSO ADDING SOME ADDITIONAL SQUARE FOOTAGE ON THE BACKSIDE OF THE GARAGE? CORRECT.
AND THAT IS LIMITED IN PART BY THE LOCATION OF THE POOL, SO KIND OF JUMP ANYTHING BECAUSE IT COULDN'T ACTUALLY CUT OFF THAT, THAT KIND OF THING? CORRECT.
IT ALMOST MAKES LIKE A U-SHAPE IN THE BACK OF THE YARD AROUND THE POOL.
EVERYTHING'S GETTING DANCED AROUND AROUND THE POOL IN THEORY TO BE HONEST ABOUT, UH, DOES ANYONE ELSE HAVE ANY QUESTIONS WE HAVE? IS THERE ANYTHING FINAL WORDS YOU'D LIKE TO IMPART? UM, NO, I MEAN WE'RE NOT, WE'RE NOT LOOKING TO CREATE AN EYESORE.
WE'RE LOOKING TO MATCH THE HOUSE, THE STYLE OF THE HOUSE, THE NEIGHBORHOOD.
UM, YOU KNOW, EVERYBODY WANTS TO MAXIMIZE THEIR PROPERTY AS MUCH AS POSSIBLE WITH THE FAMILY THAT THEY HAVE, THAT THEY'RE GROWING.
UM, SO WE'RE JUST HOPING THAT THAT, UM, CAN HAPPEN TO HIS, HIS FAMILY.
THANK ANYONE HAVE ANY S STAFF, MR. MR. CHAIR, UM, WOULD WE BE ABLE TO TIE IF APPROVED THIS INTO A DEED WHERE IT WOULD NOT BE ABLE TO BE USED, UH, FOR RENTAL? YES, THAT IS A REQUIREMENT OF THE CONDITION.
ANY OTHER QUESTIONS BEFORE I SEE SOMEONE JUST CONFIRMING FROM OUR, OUR CONVERSATION THIS MORNING THAT WE'RE COMFORTABLE WITH SITE PLAN AND SQUARE FOOTAGE THAT'S QUOTED ON ALL OF THAT AND WHAT SITE PLAN IS? UH, SO ANY REQUIREMENTS FOR REVISIONS TO THE SITE PLAN BASED ON THE SQUARE FOOTAGE AND THOSE NUMBERS, UM, BASED ON OUR LAST CALCULATIONS FROM STAFF
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WILL NEED TO BE REVISED AND SUBMITTED TO THE CITY PRIOR TO FINAL POINTS SUBMITTAL.SO WORK WITH STAFF SO THAT WE CAN GET THAT UPDATED IMMEDIATELY AND THAT WILL BE PART OF THE APPROVAL.
SO THE NUMBERS THAT YOU SEE BEFORE YOU ARE THE CORRECT NUMBERS AS OPPOSED TO HOW THEY MAY HAVE BEEN CALCULATED BY THE APPLICANT CITY STAFF CALCULATED IN THE WAY THAT CITY REVIEWS PLANS.
AND SO THOSE NUMBERS REFLECT THAT CALCULATION AND SO THAT THEY WILL HAVE THE SAME NUMBERS ON THE, UM, SITE PLAN THAT WILL BE SUBMITTED FOR A PERMIT SO THAT THERE WILL BE NO CONFUSION.
WE WILL HAVE THE APPLICANT REVISED THAT AND GET IT TO US AND MOVE FORWARD.
SO I HAVE LEARNED THAT WHEN THE HIGH CLIENT, THE MOST RECENT SUBMITTED VERSION, IT DOESN'T MEAN THE VERSION HAS OF THE TIME THAT THEY VOTED THAT THE MOST RECENT VERSION AS OF BECAUSE, SO IT CAN BE, IT CAN BE REFINED AND ACCEPTABLE OTHERWISE THE APPLICANT WE WOULD'VE TO HOLD IT OVER THE A HAVE TO COME BACK AND WE GOTTA GO THROUGH THIS WHOLE PROCESS AGAIN FOR SOMETHING THAT'S CLEARLY CAN BE TYPED IN AS A CLERICAL VERIFICATION.
THANK YOU MR. ANY OTHER QUESTION BEFORE I SEE IF SOMEONE HAS SEEN NONE? ANYONE HAVE A NOTE? IT APPEARS THAT I HAVE A MOTION.
PLEASE GO AHEAD MRS. BUT YOU CAN GO AHEAD.
I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER BOA 2 5 0 0 0 0 5 0 ON APPLICATION OF NEIL SUMMER LAKE RAN THE REQUEST TO CONSTRUCT THE MAINTAIN AN ADDITIONAL DWELLING UNIT.
RED ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO A SINGLE FAMILY USE REGULATION FROM DALLAS
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE SPECIAL EXCEPTION DID NOT ADVERSELY AFFECT MEMBER PUBLIC, I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED FOR THE PURPOSE AND INTENT OF DIAL DEVELOPMENT COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED POINTS OF REQUIRED THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY, PREVENTING USE OF THE ADDITIONAL LOAN RULE AS WHEN THE ACCOMMODATION WE WILL ACCEPT.
UM, I FELT IN LOOKING AT THIS, THAT THIS MOTION, WHICH AGAIN IS ABOUT WHETHER TO COMMIT THE ALTOGETHER, UM, SEEMED THOUGHT, I FELT LIKE, UH, LOOKING AT AS WE WERE SORT OF ESCORTED AROUND THE PROPERTY AND EVERYTHING ELSE, IT APPEARED THAT THIS WOULD NOT NEGATIVELY IMPACT ANY PROPERTY.
ANY OTHER COMMENTS FOR MR. S? NOPE.
HEARING NONE MS. WILLIAMS, WOULD YOU CALL A VOTE ON THIS MOTION? MS. GARNER? AYE.
MOTION TO GRANT PASSES PRACTICE TODAY.
DOES ANYONE ELSE WANNA MAKE THE SECOND MOTION? MR. SASHA VICE CHAIR? UH, SLATE.
UM, I MOVE AT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BOA 2 5 0 0 0 0 5 0 APPLICATION OF NEIL SUMMER.
LOT DENIED THE VARIANCE TO THE FLOOR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USED REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWED THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS VOTE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT SECOND GARNER.
UM, SO FOR ME, I JUST DON'T, I DON'T SEE A HARDSHIP OR THERE WASN'T ONE THAT WAS PRESENTED, UM, IN MY OPINION BY THE APPLICANT THAT, UM, UH, THAT WOULD SAY THAT THEY COULD NOT, UM, DO WHAT THEY NEEDED TO DO WITH THE ALLOW 25%.
UM, THAT'S WHY I WAS, YOU KNOW, LOOKING FOR THE APPLICANT TO, TO, YOU KNOW, TO PRESENT TO US IS, OKAY, WHAT WERE THE CHALLENGES? WHAT WERE THE OBSTACLES THAT WERE IN PLACE THAT WOULD, UM, JUSTIFY IN MY MIND, UH,
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I KNOW IT'S A SMALL AMOUNT AND IT DOESN'T CREATE, UM, UH, AN ADVERSE, UM, UH, ANYTHING ADVERSE TO THE SURROUNDING PROPERTIES OR COMMUNITY.HOWEVER, I DON'T, I DON'T SEE A JUSTIFICATION TO, UM, UH, TO GRANT IN THIS PARTICULAR CASE.
I WOULD LIKE TO ADD THAT I AGREE WITH MR. ASHTON THAT THERE DON'T BELIEVE WE HAD ANY CONVINCING EVIDENCE THAT WE COULDN'T BE IN COMPLIANCE WITH THE ADDITIONAL AL AND CODE.
UM, I WILL BE, UH, VOTING AND AGAINST THE MOTION ONLY BECAUSE I WAS DEALING WITH THE UNNECESSARY HARDSHIP
AND THAT'S WHY I WAS SORT OF ASKED THE APPLICANT QUESTION ABOUT IT BECAUSE THE DEFENDANT KNEW, UH, UNNECESSARY HARDSHIP COMPONENT THE FIND THAT IF THE FINANCIAL COST VIOLENCE IS GREATER FOR SOMETHING NEW, CREATED VALUE, RESPECT TO THE MOST RECENT APPRAISAL ROLE CERTIFIED TO BY THE ASSESSOR FOR THE MUNICIPALITY UNDER SECTION 26.01 OF THE TEXAS TAX STUDY DEFINED THAT THAT GETS US THERE.
AND SO I WAS, OR I AM WILLING TO RAMP THIS REQUEST OF 160 OR SO POSITION FOUR FEET IF THAT'S WHAT ALLOWS THEM TO SORT OF GET THAT THEY'RE LOOKING PROPERTY, WELL NOT HAVING WORK AROUND THE EXISTING POOL THAT THEY HAD FAR IT FROM FIRE HOME.
SO THAT'S WHAT MADE IT NOT
WOULD ANYONE ELSE LIKE TO SAY ANYTHING EITHER FOR OR AGAINST ON THIS ONE, MS. GLENDA? UM, I WAS ALSO, UM, IN YOUR BOAT WITH THE, UM, THEY COULD NOT ADD ON ANYMORE TO THE HOUSE.
UM, AND SO, AND GIVEN THAT THEIR HOUSE IS RELATIVELY SMALL VERSUS THE NEIGHBORHOOD 160 SQUARE FEET IN THE BACK TO PROVIDE THEM WITH A LITTLE EXTRA SPACE WITHOUT HAVING TO TEAR DOWN OR HAVING TO GO UP AND SPEND THAT KIND OF MONEY, I WAS USING THE FINANCIAL HARDSHIP RULE AS WELL, UM, IN MY MIND TO GET MYSELF TO THE UM, 'CAUSE I'M STRICTLY SPEAKING, BEING ON JUDICIAL BOARD, I WAS STRUGGLING WITH THOSE THREE THINGS, BUT I WAS KIND OF FOLLOWING THE SAME LOGIC AS YOU.
SO I WILL, UM, BE VOTING AGAINST THE, UM, THE, UH, MOTION MR. MULGAN.
YEAH, I'LL BE, I'LL BE, WE'LL BE VOTING AGAINST IT AS WELL, UH, SIMPLY BECAUSE I SAW IT, UH, IN MY MIND AS A SLIGHT HARDSHIP, UM, FEELING THAT THEY WERE SOMEWHAT LIMITED AS FAR AS BEING ABLE TO BUILD ONTO THE BACK OF IT AS WELL, UH, ECHOING HOW YOU BOTH FELT AND, UM, BEING THAT THE POOL EXISTED AT THE TIME THAT THEY HAD PURCHASED IT SOMEWHAT, MAKING IT LIMITED AND, AND JUST, YOU KNOW, SPLITTING HAIRS WITH 106 FEET.
TO ME IT WAS JUST, UM, A DECISION FOR ME TO COME TO THE CONCLUSION THAT, UM, I HAVE TO BOTH KNOW AGAINST IT.
AND I, YOU WANTED TO CLARIFY, I THINK IT'S 160, NOT A HUNDRED, 160 CORRECTION.
UM, AND I, WE ALSO OUT THAT MR. STATUTE MOTION IS WITHOUT THAT PREVENT THEM FROM MAYBE COMING BACK OR WE GAVE THEM WITHOUT SLIGHTLY MODIFY, MODIFIED LOOK
UM, ANY OTHER DISCUSSION? WE ASKED WHAT HAPPENED WITH PEOPLE ON, WITH CASE? I'M GLAD YOU SHARED THAT AND I, I THINK I AGREE.
UH, UM,
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AGAINST YOUR OWN SECOND? OKAY.YEAH, THE MOTION AND SECOND IS JUST FOR THE CONVERSATION.
UM, SO IF, IF I COULD JUST PLEASE WRAP.
UM, SO I I MOTIONED THE, WHAT I DID BECAUSE I COULD BE CONVINCED, RIGHT? AND, UM, UM, THOUGH I WAS LOOKING FOR THAT ADDITIONAL INFORMATION FROM THE APPLICANT, THE JUSTIFICATION THAT YOU GAVE, UM, AS TO WHY YOU WOULD NOT SUPPORT I-I-I-I-I TOTALLY UNDERSTAND AND DON'T DISAGREE.
UM, I GUESS FOR ME, UM, I DON'T, I DON'T SEE THE HARDSHIP REALLY.
UM, AND I, I WAS REALLY LOOKING FOR THAT FROM THE APPLICANT, BUT I, I'M STILL, I STILL STRUGGLE BECAUSE IT IS, IT'S 163 SQUARE FEET.
IT'S NOT A HUGE, THEY'RE NOT ASKING FOR A HUGE, UM, EXTENSION OF THE, OF THE FOOTPRINT.
UM, I JUST STRUGGLE TO GET THERE BASED ON, UM, THE TESTIMONY AND, AND THE EVIDENCE THAT WAS PRESENTED COMPLETELY.
OTHER DISCUSSION BEFORE I ASK A BRIEF ADMINISTRATIVE THE QUESTION.
UM, MS. WILLIAMS, WOULD YOU PLEASE CALL THE VOTE UPON THE PENDING MOTION, MS. GABO? MAY, MS. GARNER NAY, MR. SINGTON AYE.
MR. MILLIKEN NAY, MR. MR. SLATE AMEN.
MOTION TO DENY BAILS FOUR TO ONE.
I WILL GO AHEAD AND MAKE ANOTHER MOTION.
UH, I MOVE THE BOARD OF ADJUSTMENT APPEAL NUMBER BOA 2 5 0 0 0 0 5 0 ON APPLICATION OF NEIL SUMMER LAKE GRANT B 163 SQUARE FOOT VARIANCE IN THE FLOOR AREA FOR A STRUCTURE OF ACCESSORY TO THE SINGLE FAMILY USE REGULATION.
'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE DALLAS DEVELOPMENT CODE IS AMENDED TO THE RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICABLE, A FURTHER AMENDMENT FOLLOWING CONDITION, FURTHER PURPO AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL BECOMES REQUIREMENT.
IS THERE A SECOND? I SECOND SHERRY GAMBLE.
ANY DISCUSSION WARRANTED OR DESIRED ALLOW TALK THROUGH.
OKAY, MS. WILLIAMS, WOULD YOU PLEASE TALK ABOUT MS. GABO? AYE.
MOTION TO GRANT PASSES FOR THE ONE.
UM, SO THAT MEANS THAT THE TWO ITEMS OF REQUESTED THE RELIEF, UH, HAVE BEEN GRANTED AND THE BOARD SECRETARY WILL BE FOLLOWING UP WITH YOU WITH THE DOCUMENTATION AND OF COURSE, UH, I HOPE YOU HEARD PEOPLE NEED TO REENGAGE WITH CITY STAFF ABOUT THE SUBMITTED SITE PLANS TO MAKE SURE EVERYTHING IS THE T'S ARE CROSSED AND THE I'S ARE DOTTED WITH RESPECT.
UM, IN LIGHT OF THAT AND THAT OUR BUSINESS IS DONE, I BELIEVE WE ARE READY TO ADJOURN UNLESS THERE'S SOMETHING I'M GETTING DOWN.
THE TIME IS CURRENTLY 1:29 PM AND BOARD OF ADJUSTMENT PANEL C IS HERE BY.