* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ALL RIGHT, WELCOME BACK. [Board of Adjustments: Panel B on November 19, 2025.] UM, IT'S ONE O'CLOCK ON NOVEMBER 19TH AND I CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER. I HAVE A QUICK REMARKS I HAVE TO READ BEFORE WE MOVE ON TO THE SPECIFICS OF THE CASES. GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT. I AM PARKER GRAHAM AND I'M HONORED TO SERVE AS THE ACTING PRESIDING OFFICER FOR THE BOARD OF ADJUSTMENT PANEL B. TODAY IS, UH, WEDNESDAY, NOVEMBER 19TH TIMES 1:00 PM AND I CALLED MEETING TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND FOR HYBRID VIDEO CONFERENCE. A QUORUM MEANING A MIN MINIMUM OF FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT, AND THEREFORE WE CAN PROCEED WITH THE MEETING. THE PANEL MEMBERS PRESENT TODAY ARE ME, PARKER GRAHAM, TO MY LEFT, UH, SARAH LAMB. TO HER LEFT, MICHAEL QUINT, STEWART CAMPBELL AND MICHAEL DORN. STAFF PRESENT INCLUDE THERESA CARLISLE ARE BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. KAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER MARY WILLIAMS, THE BOARD SECRETARY AND MEETING MODERATOR. BEFORE WE BE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED. MEMBERS OF THE BOARD OF ADJUSTMENT ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME. WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE, NO ACTION OR DECISION ON A CASE AT THE PRECEDENT. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH CASE. UH, EACH USE IS PRESUMED TO BE LEGAL USE. WE'VE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING, AND WE'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET WITH WHICH EXPLAINS THE CASE. AND IT WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY CASE THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN OUR CASE IS CALLED. THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD IN EACH CASE, APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING ADMINISTRATOR OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL. ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE. LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR, MS. WILLIAMS, SHORTLY AFTER TODAY'S HEARING, AND WE WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE. ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX. ALL COMMENTS ARE BE, ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN THE ORDER. WITH THAT, MS. WILLIAMS, DO WE HAVE ANY PUBLIC SPEAKERS BEFORE WE GET STARTED ON THE MISCELLANEOUS DOCKET? NO PUBLIC SPEAKERS REGISTRAR, SIR. OKAY. UH, THEN WE'LL START WITH OUR MISCELLANEOUS DOCKET. THE FIRST MATTER IS APPROVAL OF OUR PANEL B. MINUTES FROM THE AUGUST 20TH, 2025 MEETING. UH, THE, DOES ANYONE HAVE A MOTION? I'LL MAKE IT SO I MOVE TO APPROVE THE PANEL B MINUTES FROM AUGUST 20TH, 2025. IS THERE A SECOND? ANY DISCUSSION BEFORE WE VOTE? NO. ANY DISCUSSION? I'M DEFERRING YOU ON THIS ONE SINCE YOU WERE THE ONLY ONE PRESENT. THE . OKAY. I'LL VOUCH FOR THE MINUTES. WITH THAT, COULD WE PLEASE DO A VOICE VOTE ON MY MOTION TO APPROVE THE MINUTES AND THEN I GUESS I DO IT . ALL IN FAVOR SAY AYE. AYE. AYE. ALL AGAIN, SAY NAY. THE MY MOTION TO APPROVE THE MINUTES PASSES FIVE TO ZERO. NEXT ITEM ON OUR MISCELLANEOUS DOCKET IS APPROVAL OF THE FULL BOARD MEETING MINUTES FROM OCTOBER 28TH, 2025. I'D ALSO NOTE THAT APPARENTLY THESE HAVE ALREADY BEEN APPROVED BY PANELS A AND C. IT'S JUST US PANEL B WHO HAVE NOT YET HAD A CHANCE TO VOTE ON THEM. UH, DOES ANYONE HAVE A MOTION, UH, ON APPROVAL OF THE MINUTES? SO MOVED. IS THERE A SECOND? SECOND. ANY DISCUSSION? RIGHT. WITH THAT, WE'LL DO A VOICE VOTE ON APPROVAL OF THE FULL BOARD MEETING MINUTES FROM OCTOBER 28TH, 2025. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL AGAINST SAY NAY. THE MOTION TO APPROVE THE FULL BOARD MEETING MINUTES FROM OCTOBER 28 PASSES FIVE TO ZERO. ALRIGHT. LAST ITEM ON OUR MISCELLANEOUS DOCKET IS CASE NUMBER BO OA 25 DASH 57, THE APPLICATION OF CHRISTOPHER HAYNES FOR A FEE REIMBURSEMENT FOR FEES PAID IN ASSOCIATION WITH HIS VARIANCE REQUEST. [00:05:01] UH, IS MR. HAYNES HERE? GREAT. MR. HAYNES, WOULD YOU PLEASE COME ON UP TO THE PODIUM? AND SIR, IF YOU PLEASE RAISE YOUR RIGHT HAND. MS. WILLIAMS IS GONNA SWEAR YOU IN. I'M SORRY, MA'AM. UM, DID YOU FILL OUT A FORM? OH ONE. OKAY. JUST WANTED TO MAKE SURE. YES. AND YOU'LL BE TESTIFYING AS WELL. OH, OKAY. WELL, LET'S DO THIS. WE'LL SWEAR YOU IN BOTH AT THE SAME TIME AND WE'LL TAKE IT ONE AT A TIME, IF THAT'S OKAY. IF YOU CAN PLEASE PRESS THE BUTTON, MAKE SURE THAT IT'S GREEN. OKAY. OKAY. OKAY. DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. OKAY. PLEASE PROCEED. MR. HAYNES. UH, YOU HAVE FIVE MINUTES. AND MR. HAYNES, JUST BEFORE WE GET STARTED, COULD YOU JUST GIVE US YOUR NAME AND YOUR ADDRESS PLEASE? OKAY. MY NAME IS CHRISTOPHER HAYNES. I LIVE AT 71 15 HAR WALKER. DRIVE A LITTLE CLOSER TO THE MIC, PLEASE. . I LIVE AT 71 15 HAR WALKER DRIVE. BEEN THERE FOR OVER 50 SOMETHING YEARS. AND, AND MR. HAYNES, YOU, YOU HAVE FIVE MINUTES, BUT I JUST WANNA SAY BEFORE YOU GET STARTED, THE STANDARD WE'RE REQUIRED TO LOOK AT IS WE'RE SUPPOSED TO ASK WHETHER THE PAYMENT OF THE FEE WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT. SO I JUST ASK IF YOU, UH, MAKE SURE TO ADDRESS THAT IN YOUR COMMENTS, PLEASE. MY NAME IS LAUREN GENTRY. UM, I LIVE AT 50, UH, 71 15 M WALKER DRIVE. I'M HIS FIANCE, UM, IN REFERENCE TO US ASKING FOR REIMBURSEMENT. UM, OUR HOUSE, OUR HOME WAS IN A FIRE ON NOVEMBER THE FOURTH OF 2023. UH, THE DAY OF MY MOTHER'S FUNERAL. WE WERE AT THE FUNERAL AT THE TIME WHEN I, STORAGE WAS ON FIRE. UM, IT WASN'T BIG FIRE, BUT IT WAS ON. SO, UM, WE HAVE HAD TO PUT ALL OF OUR THINGS EITHER IN STORAGE. WE ALSO HAD TO PURCHASED SOME ADDITIONAL FOR FIVE. UH, WE'VE HAD TO, UH, PAY STORAGES FOR A LONG PERIOD OF TIME. UH, WE HAD TO WAIT FOR THE INSURANCE COMPANY TO US FOR THINGS FOR THE, THE STORAGE AREA, THE THINGS THAT WERE IN IT. AND IT WAS A LONG . UH, ALONG WITH THAT, WE HAD A CONTRACTOR THAT WE SIGNED A CONTRACT WITH, UM, AND FOR THEM TO DO A, UH, PLAN AND TO GET PERMITS FOR US TO BE ABLE TO REBUILD AND PUT EVERYTHING BACK AND DO THE ADJUSTMENTS OF EVERYTHING. AND AT, DURING THAT TIME, THE CONTRACT BUREAU TAKING 50, 46,000 SOMETHING DOLLARS FROM, UM, THEY, UM, AND WE'VE HAD TO HIRE AN ATTORNEY. SO WE HAVE ALREADY HAD TO PAY OUT OVER $3,000 FOR THE ATTORNEY TO TRY TO GET OUR MONEY BACK FROM THEM NOT DOING ANY WORK, UM, AND TAKING OUR MONEY. UH, THEY ALSO TOOK, UH, THINGS THAT THEY SAID THEY PAID FOR. AND WE HAD, WE'D HAVE TO REDO THIS ALL OVER THE REIT PERMITS, REIT WITH THAT IN THE OTHER, I HAVE COPIES OF OUR RECEIPTS. WE ALSO HAD TO HIRE A NEW, UH, ARCHITECT TO REDO THE PLANS ALL OVER AGAIN. UM, IT'S LOCKED. UH, AND WE STILL, AND WE STILL DON'T HAVE ANYTHING WE ACCOMPLISHED AS FAR AS, UM, GETTING EVERYTHING DONE. WE ALMOST LOST OUR HOMEOWNER'S INSURANCE BECAUSE OF THE LOAN PROCESS, THE CONTRACTOR AND THE CONTRACTOR TAKING OUR MONEY, UM, UH, WAITING FOR A PERMIT IN ORDER TO GET THE DONE. SO NOW WE'RE SHORT OF MONEY TO REBUILD EVERYTHING THAT IS FEASIBLE. AND THAT'S WHY WE'RE ASKING THAT WE KNEW NOTHING ABOUT A VARIANCE, UH, FROM OUR OLD CONTRACTORS. SO WE LEARNED THAT INFORMATION BY GOING TO THE DEPARTMENT ASKING WHAT WAS THE HOLD UP FARM PERMIT AND WHY WAS IT SUCH A LONG PROCESS? AND THAT'S WHEN WE FOUND OUT WE NEEDED TO APPLY FOR THAT AND THINGS LIKE THAT BECAUSE OF WHAT WAS ALREADY DROPPED. UM, UH, BUT WE HAVE EVERYTHING THAT WE READ. WE HAVE COPIES. I MEAN, SINCE YOU BROUGHT IT, I WOULDN'T MIND SEEING IT. AND , IT'S BEEN IMPACTFUL TO ME. BUT SINCE YOU HAVE SUPPORTING DOCUMENTS, AND I, AND I ALSO UPLOADED MOSTLY EVERYTHING TO THE PORTAL, [00:10:11] YOUR ATTORNEY, A COPY OF THE VIDEO, UM, OKAY. AND ALSO, OKAY, UH, HERE IS THE , UH, FOR EVERYTHING, THE FOLLOW AND THEN APPLYING FOR THE BEARING. UM, THE INFORMATION THAT WAS GIVEN BY THE BOARD OF ADJUSTMENTS FOR US TO SUPPORT US TO GO ONTO THE PORTAL TO DO IT. UH, WE HAD TO DO THE TECHNOLOGY FEE FOUR TIMES BEFORE WE ACTUALLY GOT THE APPROPRIATE PERMIT NUMBER. AND, UM, WAS WORKING WITH ONE OF THE, UH, PER, UH, PERSONS WHO WAS . WE FOUND, UM, COPIES OF ALL OF THOSE RECEIPTS UNTIL THEY FINALLY, FINALLY GOT INTO THE CORRECT ONES TO DO THE, UH, TECHNOLOGY FEES AND, UH, DAILY PAY, THE BOARD ADJUSTMENT FEES AND, UH, PRESCRIPTION REVIEWS. THIS HAS BEEN VERY THOROUGH. I APPRECIATE YOU, UH, THANK THIS FOR THE BOARD. SO, ANY QUESTIONS FROM THE BOARD, UH, TO THE APPLICANTS RIGHT NOW, JUST REGARDING THE QUESTION OF THE, UH, WAIVER OF THE FEE REIMBURSEMENT? WE'LL MOVE TO THE MERITS OF THE CASE. NEXT. SEEING NO QUESTIONS, UH, DOES ANYONE HAVE A MOTION WITH RESPECT TO THE, UH, I SEE MS. LAMBS ANSWER, MS. LAMB, YOU HAVE A MOTION WITH RESPECT TO THE REIMBURSEMENT OF THE FEE. I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA DASH TWO FIVE DASH 0 0 0 5 7 FR ONE ON APPLICATION OF CHRISTOPHER HAYES. GRANT THE REQUEST TO THE RE, UH, REIMBURSEMENT OF THE FILING FEES AND ASSOCIATION WITH THE CASE BDA DASH 25 DASH 0 0 0 0 5 7 FOR VARIANCE OF SIDEBAR SETBACK REGULATIONS REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT OF FEE WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT. SECOND. ALL RIGHT. ANY DISCUSSION? UM, I, I JUST WANNA THANK YOU FOR SHARING YOUR STORY. I THINK YOU'VE HAD SOME SERIES OF REALLY UNFORTUNATE LUCK. WE REALLY WANT TO SEE THIS YOU REBUILD, REBUILD YOUR LIFE, AND HOPEFULLY THIS WILL BE KIND OF THOSE THINGS THAT HELPS KIND OF MAYBE TURN YOUR LUCK AROUND. UM, AND WE DO APPRECIATE ALL OF THE EFFORT YOU PUT INTO SUPPORTING, UM, YOUR REQUEST FOR A FEE WAIVER. THIS WAS AN EASY YES FOR ME, ANY ADDITIONAL DISCUSSION. ALL RIGHT. IN THAT CASE, COULD WE PLEASE DO A ROLL CALL? VOTE MS. LAND? AYE. MR. QUINN? AYE. MR. CAMPBELL? AYE. MR. DORN? AYE. MR. GRAHAM? AYE. MOTION TO GRAHAM PASSES. FIVE TO ZERO. ALRIGHT, UH, IF, IF Y'ALL DON'T MIND STAYING AT THE PODIUM, 'CAUSE YOU'RE NEXT ON, WE'VE JUST CONCLUDED OUR MISCELLANEOUS DOCKET, BUT NOW WE'RE MOVING ON TO OUR CASES. AND SO FIRST WE'RE GONNA HEAR, UM, IT'S ACTUALLY THE SAME CASE NUMBER, BUT WE'RE GONNA MOVE ON TO A, A DIFFERENT ASPECT OF BOA 25 57, WHICH IS MR. HAYNES'S APPLICATION FOR A VARIANCE TO THE SIDE YARD SETBACK. UH, IT SEEMS LIKE WE'VE GOT THE SAME WITNESSES AT THE PODIUM. THEY'VE ALREADY BEEN SWORN AND SO ON THAT ISSUE, UH, YOU HAVE FIVE MINUTES AND PLEASE PROCEED. OKAY. UM, AS FAR AS, UH, SWAN, THE COPY, UM, ADDED IT IS TO ENLARGE THE, UH, STORAGE AREA. UM, AND Y'ALL CAN SEE SOME OF THE PICTURES. WE HAVE STUFF ALL OF OUR BACKYARD, WE HAVE STUFF IN A STORAGE CONTAINER. AND LIKE I SAID, WE HAVE ADDITIONAL STORAGE IN A STORAGE UNIT THAT WE PAY FOR MONTHLY. MONTHLY. WE HAVE, UM, LETTERS FROM A LOT OF OUR NEIGHBORS, OUR NEXT DOOR NEIGHBOR WHO IS THE . UM, AND, UH, I HAVE ALSO UPLOADED THIS TO THE PORTAL. I HAVE, UH, OTHER WITNESS STATEMENTS, UH, IN OUR NEIGHBORS THAT ARE ALL IN AGREEMENT WITH US BECAUSE THEY'RE USED TO SEEING OUR YARD REALLY NICE AND CLEAN AND EVERYTHING IN ORDER. AND, UH, FOR THESE LAST TWO YEARS, IT'S BEEN REALLY ROUGH WITH JUST LOOKING AT IT AND REMINDING OF, OF WHAT WE REALLY NEED TO, WE'RE JUST ASKING THAT IT BE BRANDED SO THAT, UM, WE CAN REBUILD AND, UM, GET BACK TO NORMAL IN SOME [00:15:01] ORDER. ? YES MA'AM. I DON'T THINK WE HAVE THE LETTERS AND SUPPORT FROM YOUR NEIGHBORS. WHERE ARE MS. JUAN? WELL, DID YOU SUBMIT ANYTHING ELSE VIA THIS, THE PORTAL I DID THIS LAST MONTH THAT YOU JUST SUBMITTED THOSE FINANCIAL OR THOSE STATEMENTS FOR THE OTHER CASE AND THEN JUST THESE LETTERS FROM THE NEIGHBORS? YEAH, I HAD, YEAH, BUT I HAD UPLOADED TO THE PORTAL BACK BEFORE WHEN WE WERE SUPPOSED TO HAVE A HEARING BACK MONTH AGO PRIOR. WE'RE LOOKING AT MOMENT , SO WE DON'T NEED TO MAKE A MOTION TO ACCEPT THESE. I HAVE TO SAY Y'ALL ARE VERY WELL PREPARED. THIS IS, THIS IS, THIS MAKES OUR LIFE A LOT EASIER WHEN, WHEN YOU, WE COME WITH LETTERS OF SUPPORT FROM THE NEIGHBORS AND SUPPORTING DOCUMENTS. LIKE WE DON'T NORMALLY SEE THIS FROM APPLICANTS. SO IT'S JUST, IT'S GREATLY APPRECIATED. IT'S ALL I WANNA SAY. THANK YOU SO MUCH. EVERYBODY HAS BEEN VERY SUPPORTED IN OUR NEIGHBORHOOD OF THE SITUATION WE'VE BEEN DEALING WITH AND EVERYBODY'S LIKE, WELL, WHAT'S TAKING SO LONG? AND I THINK THAT'S ONE REASON WHY OUR CONTRACT, PFIZER, BECAUSE AFTER SIX OR SEVEN MONTHS AND WE'RE NOT GETTING, UH, PERMIT, WE WENT TO THE PERMIT OFFICE AND WE WENT THERE ALMOST EVERY DAY SAYING, WHAT'S TAKING SO LONG? WHAT'S TAKING SO LONG? AND WE DIDN'T KNOW THAT WE NEEDED TO DO A VARIANCE. SO WHEN YOU DON'T KNOW THESE THINGS AND THEN YOU GET PUT IN MORE SITUATIONS AND MORE SITUATIONS, AND NOW WE'RE AT A POINT WHERE WE HAVE DOCUMENTATION OF EVERYTHING, EVERYTHING. THIS IS JUST A LITTLE PART OF STUFF THAT I, I THINK WE'RE JUST TAKING A MOMENT TO PASS AROUND THE LETTERS THAT YOU PROVIDED AND, AND CERTAINLY APPRECIATE YOUR TESTIMONY. ARE THERE QUESTIONS FROM THE BOARD TO THE, UH, TO THE SPEAKERS RIGHT NOW OF THESE LETTERS OF SUPPORT? THE, IS ONE OF THESE FROM YOUR NEIGHBOR DIRECTLY TO THE SOUTH? YES. YES. WHICH ONE IS THAT? UH, THE, UM, UM, WE CALL 'EM SOMETHING ELSE. SPANISH NEIGHBOR AND THEY GO, BUT THEY, THEY REALLY, THEY, THEY JUST PUT A FENCE IN THERE RIGHT NEXT DOOR TO US. RIGHT, UH, BY THE RETAINING WALL. WHAT WOULD THE ADDRESS BE? WOULD THAT BE THE 71 19 71 19. OKAY. WE HAD A FEW NEIGHBORS WHO WANTED TO COME AND SAY, IF YOU WANT TO, YOU CAN, AND OUR NEIGHBORS THAT ARE RIGHT NEXT TO US, UH, WAS SOUTH OF US. UM, SO THE HUSBAND BE SURGERY, SO THAT WAS SOME REASON. PROBABLY WROTE A LOT. . ALRIGHT. UH, MS. WILLIAMS, ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO, THOSE SPEAKERS. JUST START THAT. ALRIGHT. THINK Q UM, DOES THE BOARD NEED MORE TIME TO PASS AROUND THOSE MATERIALS OR WOULD ANYONE LIKE TO MAKE A MOTION WITH RESPECT TO, I, I DID NOT ASK THAT, BUT I, THERE ARE NO LETTERS OF OPPOSITION THAT HAVE BEEN BROUGHT TO US. YEP. OH, WELL, TO CONFIRM THERE ARE NO SPEAKERS WHETHER IN SUPPORT OR IN OPPOSITION. CORRECT? CORRECT. UH, AND TO THE BOARD, JUST TO MAKE SURE I GIVE YOU AN OPPORTUNITY, DO YOU HAVE ANY OTHER QUESTIONS YOU'D LIKE TO ASK TO THE SPEAKERS? UH, ON THE, UH, VARIANCE OF THE SIDE YARD SETBACK? DOES ANYONE NEED ANY ADDITIONAL TIME TO REVIEW THE MATERIALS WITH THAT? IT LOOKS LIKE MS. LAND HAS A MOTION. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA DASH 25 DASH 0 0 5 7 ON APPLICATION OF CHRISTOPHER HAYES CREATE THE FIVE FOOT VARIANCE ASIDE YOUR SETBACK REGULATIONS REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF PROVISIONS OF DELL'S DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO HIS APPLICANT. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF DALLAS DEVELOPMENT CODE COMPLIANCE. THE MOST RECENT VERSION OF ALL SUBMIT PLANS [00:20:01] ARE REQUIRED. IS THERE A SECOND? SECOND. ALRIGHT, ANY DISCUSSION STARTING WITH MS. LAMB? UM, I THINK YOU MADE A GREAT CASE. THIS WAS, UM, UH, APPLICATION THAT PREVIOUSLY, UH, THE, UH, BOARD STAFF HAD RECOMMENDED, UH, TO KEEP ON THE JUST FOR CONSENT DOCKET. UM, I WILL MOVE WITH THEIR RECOMMENDATION, BUT I ALSO THINK THAT BY GRANTING THIS RIGHT NOW, THE NEIGHBORHOOD IS KIND OF, KIND OF AN IN IN FLUX RIGHT NOW BECAUSE YOUR HOUSE HAS BEEN DAMAGED BY FIRE AND YOU'RE UNABLE TO RE REBUILD RIGHT NOW. SO I THINK THIS ACTUALLY HELPS THE NEIGHBORHOOD GET BACK TO WHERE THEY NEED TO BE, INCLUDING YOURSELF. UM, AND ALSO I THINK THAT WITH THIS, YOU MAY HAVE ENDED UP GETTING A MORE SAFER BUILDING BECAUSE PREVIOUSLY YOU MIGHT NOT HAVE HAD THAT FIREWALL. UM, SO LIKE WITH THE GRANT, THIS, YOU HAVE TO GO THROUGH APPROVALS WITH, WITH THE DEVELOPMENT CODE AND, UM, AND, AND LISTING THAT, THAT, UH, ONE HOUR FIREWALL. SO I THINK YOU'VE GONE THROUGH ENOUGH. I THINK IT'S TIME THAT WE LET YOU REBUILD YOUR MIC. THANK YOU SO MUCH, MUCH ADDITIONAL COMMENTS. UH, WITH RESPECT TO THE MOTION, I JUST WOULD LIKE TO THANK YOU FOR BEING SO WELL PREPARED. CLEARLY YOUR NEIGHBORS LOVE YOU. AND SO, UH, THIS IS ACTUALLY THIS A GREAT PROCESS FOR ME TO SEE THIS, UH, FROM THIS PERSPECTIVE. AND I'M REALLY SAD THAT YOU WENT THROUGH A FIRE. IT'S TRAGIC, ESPECIALLY CONSIDERING ALL THE BAD THINGS THAT HAPPENED IN THAT SAME TIMEFRAME. UH, BUT HOPEFULLY YOU ARE ON THE PATH TO GET THE NEIGHBORHOOD BACK TO IT. IT, IT'S TRADITIONAL AND SO I DON'T KNOW HOW TO DESCRIBE IT. I JUST, UH, SORRY. I JUST FEEL BAD FOR YOU AND I'M, AND, AND IT SUCKS THAT YOU HAD TO GO THROUGH ALL THIS. SO HOPEFULLY YOU CAN MEET BOTH AND BE SUCCESSFUL. ALL RIGHT, BEFORE WE MOVE ON TO A VOTE, ANY ADDITIONAL COMMENTS WITH RESPECT TO MS. LAMB'S? MOTION TO APPROVE THE VARIANCE TO THE SIDE YARD SETBACK. HEARING NONE, LET'S PROCEED PLEASE TO A ROLL CALL VOTE ON MS. LAMB'S MOTION. MR. CAMPBELL? AYE. MR. DORN? AYE. MS. LAMB? AYE. MR. QUINN? AYE. MR. GRAHAM? AYE. MOTION TO GRAHAM PASSES. FIVE ZERO. ALRIGHT. THANK YOU SO MUCH FOR COMING DOWN TODAY. YOU'LL GET A LETTER FROM OUR BOARD SECRETARY IN THE MAIL, UH, WITH THE DECISION AND THE FORMAL DOCKET YOU NEED. THANK YOU SO MUCH. ALL RIGHT. NEXT ON OUR DOCKET, WE WILL BE TURNING TO CASE NUMBER BO A 25 DASH 33, THE APPLICATION OF ROB BALDWIN FOR A SPECIAL EXCEPTION TO THE FIGHT OFFENSE HEIGHT REGULATIONS AT 4 6 0 8 GARY'S LANE. HELLO, MR. BALDWIN. GOOD AFTERNOON. UH, MARY, ARE YOU WORKING THE PRESENTATION FOR ME, TANYA? ANYWAY, WE'LL GET STARTED. I DON'T WANNA WASTE YOUR TIME. I DO HAVE A PRESENTATION I THOUGHT TAMIKA WAS GONNA DO WHILE THEY'RE PULLING IT UP. LET'S JUST NOT FORGET TO SWEAR. UH, MR. BALDWIN, I SEE THAT RIGHT NOW. , DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. OKAY. PLEASE STATE YOUR NAME AND A AND THAT GOOD AFTERNOON. MY NAME IS ROB BALDWIN, OFFICER 3 9 0 4 ELM STREET, SUITE B IN DALLAS. I WE'RE REPRESENTING THE PROPERTY OWNER 4 6 0 8 HARRY'S LANE, WHICH IS, UM, UP IN THE PRESTON HOLLOW AREA. UH, YOU KNOW, AND, UH, IF YOU SAW MY PRESENTATION, YOU KNOW EXACTLY WHERE IT IS, BUT THIS IS AN AREA THAT HAS A LOT OF, UH, FENCES OVER FOUR FEET TALL IN IT. UM, AS THE, THE PRESENTATION THIS MORNING SAW THAT, THAT THERE WAS A LOT OF FENCES, NOT ONLY IMMEDIATELY ADJACENT TO IT, BUT ALL THROUGHOUT THE WHOLE NEIGHBORHOOD. UH, AS COMMISSIONER LAMB POINTED OUT, WE ORIGINALLY FILED THIS AS, UH, AN EIGHT FOOT TALL FENCE WITH A DIFFERENT DESIGN I HEARD FROM OUR NEIGHBOR ACROSS THE STREET, UH, ACROSS THE STREET. NEXT SLIDE, PLEASE. UH, UH, DR. GOLDSTEIN THAT, UH, HE AND HIS NEIGHBORS WERE CONCERNED WITH MADE FOOT TALL FENCE, BUT THEY SUPPORTED THE ONE THAT WAS DIRECTLY ACROSS WELCH FROM US, WHICH WAS SIX FEET TALL, AND ASKED IF WE WOULD BE WILLING TO LOWER THE HEIGHT TO THAT AND MAKE IT MORE OPEN. AND WE, UH, READILY AGREED TO THAT. SO, UH, NEXT SLIDE PLEASE. SO THIS IS THE PROPERTY ON THE SIDE, UH, A CORNER, UH, EVERYTHING ALONG WELCH ROAD, WHICH AT THE NORTH SOUTH STREET HERE WOULD BE CONSIDERED A SIDE YARD WHEN WE'RE OUTSIDE THE BUILDING SETBACK, UH, WE ARE ASKING FOR THE, THE FENCE ALONG, UH, ARIES. AND THEN FOR THE, THE FIRST 40 FEET LONG, UH, WELCH, WHERE THAT BECOME FRONT YARD. NEXT SLIDE PLEASE. WE'RE NOT HAVING ANY ENCROACHMENTS INTO, [00:25:01] UH, ANY VISIBILITY TRIANGLES. UH, THERE RE A TOTAL 15 MASONRY COLUMNS ALONG HARRY'S IN WELCH ROAD, AND THE FENCE HAS BEEN LOWERED, AGAIN, TWO FEET TO MEET THE FARM AND LOWER REQUEST FROM OUR NEIGHBORS. NEXT SLIDE, PLEASE. THIS IS LOOKING SOUTH AT THE SITE. UH, TO THE PROPERTY ON THE LEFT IS DR. GOLDSTEIN'S HOUSE. UH, HE WAS THE LETTER OF SUPPORT. HE WILL, UH, BE THE ONE WHO'S MOSTLY IMPACTED BY THIS AND HE SUPPORTS WHAT WE'RE DOING. YOU LOOK TO THE, THE RIGHT THAT IS THE FANCY ONE, JUST THE MIRROR. AND THAT'S WHAT WE'VE DONE. NEXT SLIDE, PLEASE. SO THIS IS LOOKING NORTH. IF YOU LOOK TO THE LEFT, UH, THAT IS THE SIDE YARD OF THE PERSON WHO WROTE AN OPPOSITION TO US. THERE IS A FENCE BACK THERE. I DON'T KNOW HOW TALL IT IS, BUT THE, THE SHRUBS AND TREES ARE 30 FEET TALL OR SO. AND YOU'LL SEE THE NEIGHBOR RIGHT BEHIND US ALSO HAS A FENCE FOLLOWING FOUR FEET RIGHT ALONG WEL ROAD. NEXT, NEXT SLIDE PLEASE. AGAIN, JUST, UH, LOOKING EAST AT OUR SITE, UH, YOU'LL SEE THAT, SORRY, JUST TO THE RIGHT, THERE'S ANOTHER HOUSE WITH A, UH, FENCE FALLING FOUR FEET THAT WAS APPROVED. UH, NEXT SLIDE PLEASE. AND THIS IS LOOKING WEST WITH OUR NEIGHBOR. WE HAVE A SOLID FENCE OVER FOUR FEET TO THE LEFT, ONE UNDER CONSTRUCTION ON THE RIGHT, WHICH IS GOING TO RECENTLY APPROVED FOR AN EIGHT FOOT TALL SOLID MASONRY FENCE. NEXT SLIDE, PLEASE. UH, THIS IS THE SITE PLAN SHOWING WHERE THE FENCE IS PROPOSING, UH, IT'S HIGHLIGHTED IN YELLOW. NEXT SLIDE, PLEASE. UH, THAT'S JUST THE BLOW UP OF IT TO SHOW THAT WE'RE NOT VIOLATING ANY VISIBILITY TRIANGLE. NEXT SLIDE PLEASE. SO THE, THE SOLID PORTION OF THE FENCE, IT'S NOT LIKE IT'S SOLID AT ALL. IT'S, UH, A BAND OF LIMESTONE TO MATCH THE HOUSE ALONG THE BOTTOM. AND THEN THE GATES HAVE AN ARCHITECTURAL METAL BOTTOM. SO IT'S NOT LIKE IT'S, YOU CAN'T SEE THROUGH IT. THE MAJORITY OF THE FENCE YOU CAN SEE THROUGH, UNLESS YOU'RE BELOW A FOOT AND A HALF. SO, BUT SINCE WE DO HAVE SOME SOLID PORTIONS OF FENCE, UH, WITHIN FIVE OF THE PARKING LINE, WE HAD TO ASK FOR THAT AS WELL. SO SHOULD THIS BE APPROVED, YOU BE TIED TO THIS ELEVATION. UH, SO THIS IS EXACTLY WHAT WE'RE ASKING FOR THE SITE PLAN AND THE AVAILABILITY TELLS US. . NEXT SLIDE PLEASE. THAT'S THE BLOW UP OF THE GATE. YOU SEE, IT'S NICE AND OPEN MASON WITH COLUMNS AND THE METAL ON THE BACK. NEXT SLIDE PLEASE. MR. BALDIN, YOU DIDN'T ASK MATERIALS THOUGH, YOU JUST ASKED FOR, UH, A VARIANCE ON HEIGHT. OH, SORRY. SPECIAL EXCEPTION ON HEIGHT. OKAY. THEN THE FENCES ARE BACK BEHIND FIVE FEET. SO I, MY APOLOGIES ON THAT. I, NO, I JUST WANTED TO MAKE CLEAR. OKAY. I THOUGHT THAT WAS BROUGHT UP AT THE, THE I HAD ASKED, I HAD JUST ASKED TO CLARIFY, BUT I, I, I, OKAY. I THINK YOU'RE IN COMPLIANCE WITH MATERIALS, RIGHT? UH, BUT THE FENCES ARE BACK MORE THAN FIVE FEET. OKAY. OKAY. AND EVERYTHING'S ELSE IS OPEN MORE THAN 50%. THANK YOU FOR CATCHING ME ON THAT. UH, THAT GOES ON MY PERMANENT RECORD. UH, NEXT SLIDE PLEASE. AGAIN, THIS IS THE ELEVATION, UH, ALONG WELCH. NEXT SLIDE. UH, WE ARE DESIGNED AT THE MAP OF ACROSS THE STREET. UM, WE'RE, THE FENCE WILL BE SET BACK APPROXIMATELY 15 FEET FROM THE CURB. WE'LL BE LANDSCAPING BETWEEN IT. SO THE FENCE IS NOT RIGHT ON THE STREET. IT'S NOT GONNA CREATE A CANYON EFFECT AT ALL. UH, AND IT'S GONNA BE NICE AND OPEN. UH, NEXT SLIDE PLEASE. IS THAT THE LAST ONE? OKAY. I, I SENT, UH, AN EARLIER REVISED PRESENTATION EARLIER THIS WEEK THAT SHOWED ALL THE FENCES IN, UH, THE AREA THAT HAVE BEEN CURVE IN THE LAST FIVE YEARS. AND IF YOU WOULD'VE SEEN THAT SLIDE THERE, SEVEN FENCES WITHIN A THOUSAND FEET OF HERE. THEY'VE BEEN APPROVED OVER FOUR FEET IN THE LAST FIVE YEARS. SEVERAL OTHERS HAVE BEEN APPROVED BEFORE THAT. AND THE ONES THAT HAVE BEEN APPROVED IN THE LAST FIVE YEARS WERE, UH, 7, 8, 9, AND SIX AND A HALF FEET TALL. SO I HOPE YOU DIDN'T AGREE THAT THIS IS NOT GONNA BE DETRIMENTAL IN THE THE NEIGHBORHOOD. AND, UH, I'M HERE TO ANSWERING QUESTIONS. ASK, ALRIGHT, QUESTIONS FOR MR. BALDWIN, STARTING WITH MS. LAND. MR. BALDWIN, WOULD YOU MIND JUST SEPARATING THAT BACK SHEET AND DISTRIBUTE TO THE, THE BOARD IF THAT'S OKAY? I THINK WE'RE GONNA ACCEPT ONE PAGE WITHOUT IT HAVING TO TAKE A VOTE, BUT I'D LIKE TO SEE THE REFERENCE ON. THERE IT IS. OH, PERFECT. BINGO. GO. GRANTED, NO, NO CASE THAT'S PRECEDENT, BUT IT CERTAINLY HELPS SET THE TONE FOR WHAT THE, IT HELPS ME UNDERSTAND THAT WE'RE NOT THE ONLY FENCE IN THE AREA. LIKE THIS IS THE ONES THAT JUST HAPPENED IN THE LAST FIVE MINUTES. [00:30:01] THE ONE IMMEDIATELY ACROSS THE, THE STREET IN THE BLUE AT SIX FOOT SIX, WHICH IS WHAT WE'RE ASKING FOR THAT. WE HAVE A SEVEN FOOTER, AN EIGHT FOOT SOLID, A NINE FOOT SOLID, AND THEN A SIX FOOT. AND WHERE'S THE SUBJECT SITE IN? IT'S THE ONE AND YEAH, THAT ONE. THE PALE BLUE, THE WHITE BLUE ONE. YEAH. WELL, MR ROLL, I HAVE TO SAY I DO APPRECIATE THE WORK YOU DID BEFORE EVEN COMING TO THE PANEL. UM, NOT ONLY WE HAVE TO HEAR APPLICANTS COME IN WITH AN EIGHT FOOT AND THEN GO BACK TO THE NEIGHBORS AND, AND THEN COME BACK WITH A REVISED PLAN. I APPRECIATE THAT YOU DID THE WORK BEFOREHAND AND OTHER THAN THE ONE LETTER OF, UM, DOES, DOES NOT RECOMMEND THIS. YOU HAVE A, YOU HAVE A LOT OF SUPPORT ON THIS PROJECT, SO I APPRECIATE YOU DOING THAT. DILIGENT. YEAH. OH YEAH. IF YOU CAN SEE, THIS IS THE EMAIL FROM DR. UH, STEINMAN THAT WE CAN READ IT. IT JUST SAYS, THANK YOU VERY MUCH FOR ADMITTING YOUR TRANS ME AND MY, MY NEIGHBOR. LOOKING FORWARD TO SUPPORT THIS. ANY OTHER QUESTIONS FOR MR. BALDWIN? UH, THE ONE ADDRESS OR PROPERTY OWNER NEARBY? THE VOICE OPPOSITION? YES, SIR. THE EMAIL WAS SCANNED WITH DETAIL. RIGHT. DO WE KNOW, DID YOU COMMUNICATE WITH THEM? I MEAN, DID THEY VOICE? I SENT EVERYBODY AS TO WHY EVERYBODY WITHIN 250 FEET A, A LETTER UHHUH OFFERING TO MEET WITH HIM. UM, NOT HEARD FROM HIM, BUT, UM, I THINK YOU SAW THE, THE PHOTO THAT I SENT EARLIER. HIS SIDE YARD IS VERY TALL AND ABOUT 30 FEET TALL. BUT IF YOU LOOK ON THE BACKSIDE OF THAT, THAT'S HIS FRONT YARD AND YOU CAN'T SEE THE HOUSE FROM THERE EITHER. SO, UM, I'M NOT QUITE SURE WHAT HIS CONCERNS ARE. UM, CLEARLY HE DOES NOT WANT TO BE, UH, THE PROPERTY VISIBLE COMMISSION. ANY OTHER QUESTIONS FOR MR. BALDWIN? ALRIGHT, THANK YOU. THANK YOU MR. BALDWIN. ARE THERE ANY OTHER SPEAKERS IN FAVOR OF THE, UH, SPECIAL EXCEPTION? NO, THE SPEAKER RIGHT SIR. AND NONE TO, UH, HERE TO SPEAK IN OPPOSITION EITHER I TAKE IT. NO, THE SPEAKERS. ALRIGHT, GREAT. AND THEN JUST FOR THE RECORD, I MEAN WE DID, UH, HAVE AND CONSIDER THE ONE LETTER IN OPPOSITION, WHICH IS THE OCTOBER 27TH, 2025 EMAIL, UM, FROM THE FOLKS AT 4 5 6 3 MS. BOLAND. UM, ALRIGHT, LOOKS LIKE MS. LAMB HAS MOTION. I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA, UH, BOA, SORRY, 25 DASH 0 0 3 3 ON APPLICATION OF ROB BALDWIN. GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT, SIX INCH HEIGHT FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENTS 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 ME BRING PROPERTY, I FAR FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATE THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. DOES ANYBODY SECOND, UH, MS. LAMB'S MOTION TO GRANT THE SPECIAL EXCEPTION? I CAN SECOND THAT MOTION. ANY DISCUSSION ON THE MOTION STARTING WITH MS. LAMB? UM, I FELT THAT THE APPLICANT HAD DONE SOME STEADY WORK, UH, REVISING THE PLAN FOR SOMETHING THAT'S THOUGHTFUL, UM, THAT MET THE REQUIREMENTS OF STANDARDS OF THE NEIGHBORHOOD. I WOULD NOT SAY THAT APPROVING THIS WOULD ADVERSELY AFFECT NEIGHBORING PROPERTIES. IN FACT, I ALWAYS THINK THAT A THOUGHTFUL FENCE ACTUALLY BUILDS GOOD NEIGHBORS. SO, UM, I THINK THE APPLICANT DID DUE DILIGENCE HERE AND I BELIEVE THAT THE STAFF ACTUALLY RECOMMENDED APPROVAL. SO THEREFORE, I WILL LEAN TO GRANT THIS APPLICATION. UH, ADDITIONAL COMMENTS, MR. QUINNS? NONE. ANY, DOES ANYONE ELSE HAVE ANY ADDITIONAL COMMENTS WITH RESPECT TO THE MOTION? UH, SEEING NONE, COULD WE PLEASE TAKE A ROLL CALL VOTE ON MS. LAMB'S MOTION TO GRANT THE SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATION. MR. QUINN? FOUR. YAY. MS. LAMB? AYE. MR. DORN? AYE. MR. CAMPBELL? AYE. MR. GRAHAM? AYE. MOTION TO GRAHAM PASSES. FIVE TO ZERO. THANK YOU. ALRIGHT, NEXT MOTION, UH, OR NEXT CASE ON OUR DOCKET RATHER IS CASE NUMBER BO OA DASH 25 DASH 54, UH, AT 1724 POPLAR STREET, THE APPLICATION OF SHEILA HUNTER FOR A SPECIAL EXCEPTION TO RESTORE A NON-CONFORMING USE AND ALSO A SPECIAL EXCEPTION TO ENLARGE THE NON-CONFORMING USE. UH, IS THE APPLICANT HERE MS. HUNTER? YES, I, SHEILA HUNTER IS ONLINE. UM, MS. HUNTER, IF YOU CAN PLEASE PROVIDE VIDEO. I AM WORKING ON THAT. I'M TRYING TO GET BACK TO OKAY. START MY VIDEO. OKAY. HOW'S THAT THERE? YOU'RE OKAY. THANK YOU. HELLO? [00:35:01] HI, MS. HI THERE. I THINK WILLIAMS, I WAS ABOUT TO ASK FOR MS. WILLIAMS TO SWEAR YOU IN. I THINK SHE'S DOING IT RIGHT NOW. OKAY, GREAT. OKAY. DO YOU SWEAR OR AFFIRM, UM, TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS SHEILA HUNTER. MY ADDRESS IS 27 70 BENT TREE COURT IN FAIRFIELD, CALIFORNIA, 9 4 5 3 4. PLEASE PROCEED. THANK YOU VERY MUCH. UM, GOOD AFTERNOON CHAIRMAN AND, AND MEMBERS OF THE BOARD. MY NAME IS SHEILA HUNTER AND I'M HERE TODAY TO RESPECTFULLY REQUEST APPROVAL FOR, UH, FOR A SPECIAL EXCEPTION TO THE NONCONFORMING USE FOR THIS LONG ESTABLISHED MULTIFAMILY, UM, PROPERTY IN, UH, PROP HOME THAT'S LOCATED AT 1724 POPLAR STREET IN DALLAS, TEXAS. UM, WHAT I'D LIKE TO, UH, TO DO IS COMPLETE THE IMPROVEMENTS WITH A SMALL EXTENSION THAT'S NECESSARY TO PRESERVE AND ENHANCE THE PROPERTY. UH, THIS STRUCTURE HAS OPERATED AS A FOUR UNIT MULTIFAMILY RESIDENCE, UM, SINCE THE EARLY 19 HUNDREDS. MY INTENT WHEN PURCHASING THE PROPERTY WAS TO MAINTAIN AND IMPROVE ITS USE, NOT CONVERT IT. UNFORTUNATELY, THE BUILDING'S CURRENT CONDITION HAS BECOME A SAFETY CONCERN FOR BOTH RESIDENTS AND THE SURROUNDING NEIGHBORHOOD. BECAUSE IT SITS VACANT AND UNRENOVATED, IT HAS ATTRACTED SQUATTERS WHO HAVE USED OPEN SPACES TO SEEK SHELTER AND IN SOME CASES START FIRES FOR WARMTH OR COOKING. IT HAS ALWAYS BEEN, IT HAS, I'M SORRY. IT HAS ALSO BEEN SUBJECTED TO VANDALISM RODENT ACTIVITY AND CONTINUED DETERIORATION. DESPITE MY BEST EFFORTS INSTALLING PRIVATE SECURITY FENCING, MAINTAINING THE GROUNDS AND PLACING DETERRENT CAMERAS, THESE ISSUES PERSIST WITHOUT APPROVAL TO MOVE FORWARD. THE PROPERTY WILL MAIN, WILL REMAIN VULNERABLE AND CONTINUE CONTRIBUTING TO BLIGHT IN AN OTHERWISE GROWING AND IMPROVING COMMUNITY. MY PROPOSAL REPLACES THE, MY PROPOSAL REPLACES THE AGE 800 SQUARE FOOT TWO BEDROOM, UM, VERY SMALL, UM, WELL ACTUALLY BEDROOM AND A HALF, BUT TWO BEDROOM, ONE BATH UNITS WITH FULLY UPDATED, SPACIOUS, AND AFFORDABLE 1000 SQUARE FOOT SQUARE TWO BEDROOM, TWO BATH UNITS. THESE IMPROVEMENTS WOULD TRANSFORM THIS PROPERTY INTO SAFE, MODERN HOUSING THAT ALIGNS WITH DALLAS'S CURRENT NEEDS. UM, SOME OF THE KEY COMMUNITY BENEFITS WOULD BE, UH, PRESERVATION OF HOUSING APPROVAL, UH, PRESERVES FOR ATTAINABLE RESIDENTIAL UNITS WITHOUT IT. THE CURRENT ZONING WITH FORCED DEMOLITION AND REPLACEMENT WAS JUST ONE UNIT, A DRAMATIC AND UNNECESSARY LOSS OF HOUSING SUPPLY. IT'S ALSO, WE'RE ALSO LOOKING AT AFFORDABLE MODERNIZED HOMES. THE RENOVATE UNITS WILL BE SAFE CODE COMPLIANT AND REASONABLY PRICE MEETING THE NEEDS OF WORKING FAMILIES IN TODAY'S HOUSING MARKET. IT'S ALSO AN IDEAL LOCATION FOR WORKING RESIDENTS. THE PROPERTY OFFERS WALKABLE ACCESS TO DOWNTOWN PUBLIC TRANSPORT, TRANS TRANSPORT, I'M SORRY, AND LOCAL SERVICES MAKING IT A STRONG FIT FOR RESIDENTS WHO RELY ON PROXIMITY TO EMPLOYMENT. IT ALSO SUPPORTS LONG TERM STABILITY. THESE UNITS SERVE AS A STEPPING STONE, OR THEY WILL SERVE AS A STEPPING STONE FOR INDIVIDUALS AND FAMILIES PREPARING FOR FUTURE HOME OWNERSHIP, HELPING BUILD STABILITY IN THE COMMUNITY. WE'RE ALSO LOOKING AT A NEIGHBORHOOD REINVESTMENT RENOVATION REMOVES BLIGHT, IMPROVES SAFETY AND INCREASES SURROUNDING PROPERTY CONDITIONS AND VALUE. UM, ALSO, LET'S, AND THEN IF WE LOOK AT, UM, HARDSHIP, THIS IS, IS A LEGITIMATE GOOD FAITH HARDSHIP. THE PROPERTY WAS ACTUALLY ADVERTISED, APPRAISED, UM, COMPED AND FINANCED. IT SPLIT QUICKLY. SORRY ABOUT THAT. AS, AS A MULTI-FAMILY RESIDENCE, I PURCHASED IT IN FULL RELIANCE ON THAT REPRESENTATION. SIGNIFICANT RENOVATION MATERIALS HAVE ALREADY BEEN ACQUIRED AND CURRENTLY SITTING STORAGE FOR WHAT, WHICH I'M PAYING AWAITING APPROVAL WITHOUT THE ABILITY TO MAINTAIN THE FOUR UNIT USE. THE PROPERTY CANNOT, UM, BE USED AS INTENDED, RESULTING IN A SUBSTANTIAL FINANCIAL LOSS AND THE REMOVAL OF THREE MUCH NEEDED HOUSING UNITS FOR THE COMMUNITY. THE HARDSHIP IS NOT, THIS HARDSHIP IS NOT SELF-IMPOSED. IF WE LOOK AT NEIGHBORHOOD COMPATIBILITY, THE PROPOSAL MAINTAINS THE SAME DENSITY AS THE PROPERTY HAS SUPPORTED FOR OVER A CENTURY. NO ADDITIONAL UNITS [00:40:01] NO CHANGE IN THE HISTORIC CHARACTER. EACH UNIT WILL HAVE DEDICATED PARKING AND ALL PLANNED RENOVATIONS WILL MEET R EXCEED, UM, BUILDING SAFETY AND CODE REQUIREMENTS. SORRY ABOUT THAT. IN SUMMARY, IN SUMMARY, APPROVAL OF THIS REQUEST, UM, PRESERVES FOR SAKE, FUL HOMES FOR DALLAS FAMILIES THAT ELIMINATES EXISTING BLIGHT AND REINVEST IN A NEIGHBORHOOD THAT DESERVES STABILITY. IT SUPPORTS THE CITY'S ONGOING EFFORTS TO PROVIDE ACCESSIBLE HOUSING NEAR THE URBAN CORE WHILE ADDRESSING A CLEAR AND DOCUMENTED HARDSHIP. I RESPECTFULLY, RESPECTFULLY, HUMBLY ASK FOR YOUR SUPPORT SO WE CAN RESTORE THIS PROPERTY TO A SAFE, PRODUCTIVE, AND LONGSTANDING USE THAT BENEFITS BOTH THE COMMUNITY AND THE CITY OF DALLAS. THANK YOU VERY MUCH FOR YOUR CONSIDERATION ON THIS MATTER. THANK YOU, MS. HUNTER. ANY QUESTIONS FOR MS. HUNTER? UH, I SEE MS. LAMB. THANK YOU, UH, MS. HUNTER FOR THAT PRESENTATION. VERY, VERY THOROUGH. UM, JUST A FEW QUESTIONS. UM, ARE YOU THE OWNER OF THIS PROPERTY? I AM THE OWNER, YES. OKAY, PERFECT. AND THEN, UM, HOW LONG HAVE YOU OWN THIS PROPERTY? UM, I'VE PURCHASED THE PROPERTY, UM, ACTUALLY OCTOBER OF 24. SO LAST YEAR. IF, AND THEN WHEN YOU ACQUIRED THE PROPERTY, WAS IT YOUR UNDERSTANDING THAT IT, THAT YOU WERE ACQUIRING A NON-CONFORMING, BUT AT THAT TIME YOU BELIEVED IT TO BE, UH, UM, NON-CONFORMING, BUT COMPLIANT? SO, UM, CORRECT. THANK YOU FOR ASKING ME THAT. WHEN I PURCHASED THE PROPERTY, THE PROPERTY WAS ACTIVELY ADVERTISED AS A MULTI-FAMILY, UM, PROPERTY THAT WAS IN NEED OF RE REHABILITATION TO MOVE FORWARD. SO THOSE, AND EVERYTHING WAS BASED UPON THAT. UM, I, IT WAS NOT DISCLOSED UNTIL ACTUALLY I FOUND OUT WHEN I HAD SUBMITTED MY PLANS AND THAT'S WHEN THEY, THEY IT WAS STOPPED AND THEY COULD NOT MOVE FORWARD UNTIL, UM, THIS PROCESS WAS COMPLETED. SO ARE YOU AWARE, UM, DURING YOUR DUE DILIGENCE PROCESS WHEN YOU HAD UNDER CONTRACT WHEN THE LAST CO WAS FOR THIS MULTIFAMILY USE? UM, THAT WAS NO, I, I JUST, I DID NOT, I, THAT WAS NOT MADE, UM, THAT WAS NOT MADE AWARE TO ME. AND THEN WHEN YOU, WHEN YOU PURCHASED IT, WERE THERE ANY TENANTS THAT WERE RESIDING IN, IN THE, ON THE PROPERTY? NO, IT, WHEN I PURCHASED THE PROPERTY, THE PROPERTY WAS CLEARLY, IT WAS, I MEAN, IT WAS ADVERTISED AS NEEDING A FULL REHAB AND THERE WAS CLEAR IT WAS NOT HABITABLE AT THAT TIME. UM, SO I MEAN, IT, IT CERTAINLY MAKES SENSE FOR MULTI-FAMILY BECAUSE OF ITS SHEER SIDE IN RELATION TO THE OTHER, UH, OTHER PROJECTS. I JUST NEEDED SOME CLARITY THERE, UM, JUST TO KIND OF APPRECIATE THE STATUS OF THE PROPERTY WHEN YOU ACQUIRED. OKAY. APPRECIATE YOUR ANSWERING MY QUESTIONS. OH, SURE, SURE. THANK YOU FOR ASKING THAT. ARE THERE ANY OTHER QUESTIONS FOR MS. HUNTER? YES, UH, MS. HUNTER, AS IN OUR BRIEFING THIS MORNING, IT WAS MADE AWARE THAT THERE'S ALSO AN ALLEY BEHIND YOUR PROPERTY THAT LEADS TO THE REAR OF YOUR PROPERTY, THAT WE WERE TOLD YOU ARE GONNA BE RESPONSIBLE FOR UPGRADING, UH, AS A PART OF THIS PROJECT COST. ARE YOU AWARE OF THAT AND YOU PREPARED FOR THAT AND HAVE, HAVE YOU DISCUSSED THAT YET? I AM AWARE OF THAT. THANK YOU FOR ASKING ME THAT. UM, YES, I AM AWARE OF THAT. UM, AND I HAVE REACHED OUT TO THE CITY TO SEE IF ACTUALLY SEVERAL THINGS TO SEE IF THERE ARE ANY, UM, ANY RESTRICTIONS OR ANY, UM, ANY, IF THE, IF ALSO IF THERE'S ANY PLAN, ANY FUTURE PLANS TO DEVELOP THAT ALLEY PRIOR TO ME MOVING FORWARD WITH, UM, PAVING OR PUTTING IN THE MATERIAL TO MAKE THE, UM, TO, UH, FOR TENANTS TO ACCESS THE PROPERTY. BUT I, I GUESS MY QUESTION IS, AT THIS POINT IN TIME, ARE YOU PREPARED TO, AS A PART OF THIS PROJECT COST, INCORPORATE WHATEVER THAT NUMBER IS INTO, INTO THIS PROJECT? UH, YES, I AM. I'VE ALSO, UM, I'VE ALSO REACHED OUT TO I COMPANIES CONCRETES, UM, PAVING COMPANIES FOR ESTIMATES FOR THAT. SO I AM AWARE THAT IS THERE WILL BE AN ADDITIONAL COST, UM, FOR THAT. MS LAND, UH, MS. HUNTER, DO YOU PERMANENTLY RESIDE IN FAIRFIELD, CALIFORNIA? UM, I AM, YES. I I DO RESIDE HERE, BUT I ACTUALLY, I RESIDE HERE, BUT I HAVE FAMILY AND DALLAS. SO I'M IN DALLAS ALL THE TIME. IF, IF THIS IS APPROVED AND WE REINSTATE THE [00:45:01] NON-CONFORMING, UM, STATUS OF THIS PROPERTY, UM, WHO WILL BE OVERSEEING THE MANAGEMENT OF THIS, OF THIS MULTIFAMILY UNIT? I, I'M SO GLAD YOU ASKED THAT. OKAY. SO THIS, I AM TO HIRE A PROPERTY MANAGEMENT COMPANY. I'VE ALSO BEEN DOING RESEARCH ON THAT TO SEE WHAT, YOU KNOW, WHAT THE RATINGS ARE FOR PROPERTY MANAGEMENT COMPANIES IN THE AREA. SO I HAVE ALREADY LOOKED INTO THAT. APPRECIATE THAT. I THINK THAT'S AN IMPORTANT PIECE BECAUSE IF WE REINSTATE THIS USE AND THERE IS MULTIFAMILY WITHIN THAT COMMUNITY, WE WANNA MAKE SURE THAT IT'S, IT'S OVERSEEN APPROPRIATELY. OH, FOR SURE, FOR SURE. I, I TOTALLY AGREE WITH YOU. OKAY. BECAUSE IF NOT, THEN THAT BECOMES SOMETHING THAT BECOMES, UH, DETRIMENTAL TO NEIGHBORING PROPERTIES. YES. UM, YOU CAN REST ASSURE, UH, THIS HAS DEFINITELY BEEN AN UPHILL BATTLE. UM, AND I, I WOULD MAINTAIN THE PROPERTY AS IF I WERE LIVING THERE. SO I, I DON'T, I, I WOULD NOT WANT THE PROPERTY TO FALL INTO DISARRAY OR ANYTHING LIKE THAT. THERE'S JUST TOO MUCH INVESTED HERE. WE DO NOT. SO NO LETTERS OF OPPOSITION. UM, I WAS JUST GONNA CHECK NO ADDITIONAL QUESTIONS FOR MS. HUNTER EITHER, I THINK, I THINK WELL BASED ON THE FOLDER, THERE'S NO LETTERS IN SUPPORT OR AGAINST. UM, AND THEN MS. WILLIAMS, WERE THERE ANY OTHER SPEAKERS BESIDES MS. HUNTER REGISTERED TO SPEAK ON, UH, ON THIS MATTER? NO, THE SPEAKER'S REGISTERED, SIR. THANK YOU. AND MS. LAMB, I'M SORRY, MS. HUNTER, ONE OF THE ONE OTHER, UH, QUESTION FOR YOU. SURE. DURING THIS PROCESS, UM, OBVIOUSLY THOSE, UH, WITHIN 200 FEET OF THIS APPLICATION WE'RE NOTIFIED OF THE, THIS REQUEST. HAVE YOU ENGAGED TO REACH OUT TO ANY OF THE NEIGHBORING PROPERTIES OR HAVE YOU RECEIVED, I'M SURE YOU'RE PROBABLY RECEIVING SOME COMPLAINTS REGARDING SOME OF THOSE PEOPLE THAT HAVE, HAVE, ARE SQUATTING ON YOUR PROPERTY? UM, ACTUALLY I HAVE NOT RECEIVED, UM, COMPLAINTS BECAUSE I DO, I HAVE THE PROPERTY CHECKED AND AT THE TIME WHEN IT'S CHECKED, I MEAN THERE, IT'S, THERE'S EVIDENCE THAT PEOPLE HAVE GONE IN AND OUT. THAT'S WHY, UM, HENCE THE SECURITY, THE SECURITY GATES IN THE FRONT AND BACK AND THE MOCK CAMERAS ARE THERE TO DETER THAT. HAVE YOU ENGAGED WITH ANY OF THE NEIGHBORS IN REGARDS TO YOUR, YOUR REQUEST? I'VE SPOKEN TO, I'VE SPOKEN TO SEVERAL OF THE NEIGHBORS AND ACTUALLY THEY'RE, THEY ARE EXCITED. UM, THEY PRETTY MUCH WANT TO SEE THE PROPERTY DEVELOPED BECAUSE IN ITS CURRENT STATE THEY ARE CONCERNED ABOUT, YOU KNOW, ABOUT SQUATTERS OR THINGS LIKE THAT, OR THINGS VANDALISM HAPPEN HAPPENING. RIGHT. THANK YOU. MM-HMM . A QUESTION MARK FOR THE BOARD. FOR, FOR, FOR THIS BODY. UM, IT DOESN'T SAY ANYTHING IN HERE ABOUT A REQUIREMENT FOR THE ALLEY COMPONENT AS A PART OF THIS . HOW DOES, HOW DOES THAT EXACTLY WORK? I THINK MR. THOMPSON IS GONNA ANSWER, BUT I THINK HE'S GONNA ANSWER THAT. SO WHAT YOU WILL LEARN THROUGHOUT THE PROCESS IS SOME ITEMS THAT ARE ZONING RELATED, BUILT OR BOARD OF ADJUSTMENT RELATED. AND THEN SOME ITEMS ARE MORE ALONG THE LINES OF FYI, THIS IS WHAT YOU NEED TO DO. UM, NOW THAT THE PREVIOUS CASE IS ON, FOR EXAMPLE, THE ONE HOUR FIRE RATED WALL, THAT'S A BUILDING CODE ISSUE, BUT WE LET THE APPLICANTS KNOW IN ADVANCE, HEY, THIS IS A CONDITION THAT YOU'RE STILL GOING TO HAVE TO GO. ALTHOUGH WE CAN'T CONTROL THE PAVING OF THE ALLEY. IT WAS MORE OF A, IN ORDER TO HAVE ACCESS TO WHAT'S REQUIRED FOR PARKING. 'CAUSE PARKING IS A PART OF WHAT WE TAKE A LOOK AT. THAT'S THE REASON WHY WE LET THEM KNOW THAT HEY, THEY'RE GONNA BE TAKING A LOOK AT WHEN YOU GO FOR PERMITTING, THEY'RE GONNA BE LOOKING FOR AN APPROVED SURFACE. SO THIS DOLLAR AMOUNT THAT YOU MAY NOT HAVE ACCOUNTED FOR, YOU'RE GOING TO HAVE TO HAVE THAT. SO MAKE SURE THAT YOU FACTOR THIS INTO, 'CAUSE OTHERWISE, EVEN THOUGH WE APPROVE IT, YOU HAVE 180 DAYS TO GET A PERMIT. SO THEREFORE THAT TIME STARTS NOW YOU NEED TO GO AHEAD AND FACTOR IN. SO IT'S MORE LIKE OF A FYI FOR THEM, EVEN THOUGH WE DON'T CONTROL IT. THANK YOU. SO MR. THOMPSON, IF THIS IS GRANTED TO REINSTATE, UH, AS A MULTIFAMILY USE, IT WILL BE CONTINGENT UPON THOSE FOUR PARKING SPACES AND ACCESS TO, RIGHT? SO SHE CAN'T, IF SHE CAN'T PROVIDE ADEQUATE ACCESS TO THOSE FOUR PARKING SPACES, THEN DOES THIS THEN BECOME VOID BECAUSE IT DOESN'T HAVE ADEQUATE PARKING? IF SHE DOESN'T RECEIVE A PERMIT WITHIN 180 DAYS, THEN YES. AND THE PERMIT IS CONTINGENT UPON HAVING, HAVING THE ADEQUATE PARKING. OKAY. YES. AND THAT'S BASED ON THE PARKING REFORM. SO IT'S ONLY ONE PARKING SPACE PER SPOT. HOW MANY PER UNIT? I JUST WANNA ADD THAT IT, EVEN IF WE GRANT THIS, THEY'RE GONNA STILL HAVE TO COMPLY WITH ALL FACETS OF THE CODE, WHICH IS PARKING, PAVING, ANYTHING ELSE. SO KEEP THAT IN MIND AS WELL. AND WE DON'T HAVE TO MAKE THOSE [00:50:01] PART OF THE CONDITIONS BECAUSE THEY ARE REQUIRED TO COMPLY WITH EVERYTHING ELSE IN THE CODE THEN. AND CLARIFY BECAUSE ALTHOUGH SHE PUTS THE PARKING SPACES THERE ON THE, ON THE SITE, THERE'S GONNA BE AN AGREEMENT SOMEWHERE THAT SHE'S NOT ABLE TO GO, WELL THIS IS THE CITY'S ISSUE, NOT MY ISSUE TO GO FROM THE STREET TO . IT'S NOT, IT'S NOT AN AGREEMENT. IT'S AGAIN, WHEN PLAN REVIEW GOES THROUGH AND THEY TAKE A LOOK AT PARKING, SO THEY DO A COMPLETE SITE PLAN REVIEW. PART OF THAT SITE PLAN REVIEW IS WHERE'S YOUR LEGAL PARKING FOR THIS PARTICULAR SITE. WHEN THEY SEE THIS TO THE REAR OF THE PROPERTY, THAT WILL TRIGGER THEM TO KNOW THAT THAT MEANS IT'S COMING THROUGH THE ALLEY. THEN THEY WILL TAKE A LOOK AT TO SEE IF IT'S AN APPROVED ALLEY OR AN UNIMPROVED ALLEY. ONCE THEY SEE IT'S AN UNAPPROVED ALLEY, IT'S GONNA PAUSE AT THAT POINT IN TIME UNTIL THERE ARE SOME DOCUMENTATION FROM THE CITY OF DALLAS THAT THEY'RE GOING TO PAVE IT OR THEY'RE GOING TO HAVE TO SHOW THAT THEY'RE PAVING IT THEMSELVES AND IT'S AN APPROVED ALLEY, IT WOULD NOT BE ABLE TO CONTINUE. SO EVEN IF SHE WAS TO CONTINUE BUILDING ON THIS AND SHE'S RECEIVE GREEN TAG FOR THE ACTUAL STRUCTURE, SHE WOULD NOT BE ABLE TO RECEIVE A FINAL BECAUSE THAT ALLEY IN THE END IS NOT IMPROVED FOR PARKING. SO THEREFORE SHE CAN'T RECEIVE A FINAL CO. MR. THOMPSON, IS IT REALISTICALLY POSSIBLE FOR HER TO MEET ALL THOSE APPROVALS IN 180 DAYS? WELL, REMEMBER IT'S THE PERMIT PART THAT SHE HAS TO APPLY FOR WITHIN 180. SHE JUST HAS TO APPLY. SHE DOESN'T NECESSARILY HAVE TO OBTAIN. CORRECT. OKAY. SO IT DOESN'T HAVE TO BE COMPLETE WITHIN 180 DAYS. OKAY. SHE HAS TO APPLY FOR THE PERMIT WITHIN 180 DAYS. OKAY. ULTIMATELY WHAT HAPPENS IS WHEN SHE APPLIES FOR THE PERMIT, SHE HAS A CERTAIN TIMEFRAME TO COMPLETE THAT PERMIT. IF THAT PERMIT IS NOT COMPLETE WITHIN THE TIMEFRAME, ALL OF THOSE PERMITS THAT WERE ISSUED ARE NOW REVOKED BECAUSE YOU DIDN'T COMPLETE IT WITHIN THAT TIMEFRAME. SO THEN IF SHE DOESN'T OBTAIN THAT CO WITHIN THAT TIMEFRAME, THEN THAT'S WHEN EVERYTHING WOULD FAIL. AND THEN SHE WOULD ULTIMATELY HAVE TO COME BACK AND GO THE BOARD AND ASK FOR THE NON-CONFORMING TO BE REINSTATED. ABSOLUTELY. BECAUSE AGAIN, YOU'RE STILL, 'CAUSE IT'S NOT GONNA BE REINSTATED UNTIL CO'S FINE. OKAY. THANK YOU. YES. ALRIGHT. WITH THAT, I AM GOING TO ENTERTAIN A MOTION IF ANYONE HAS ONE. WITH RESPECT TO THE FIRST ISSUE ON 1724 POPLAR STREET. THAT'S THE QUESTION OF WHETHER TO GRANT A SPECIAL EXCEPTION TO ENLARGE, A NON-CONFORMING TO RESTORE RATHER . LET ME SAY THAT AGAIN SO I DON'T SCREW UP THE RECORD. THE FIRST QUESTION IS WHETHER TO GRANT A SPECIAL EXCEPTION TO RESTORE A NON-CONFORMING USE. DOES ANYONE HAVE A MOTION? MS LA IS I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 0 5 4 ON APPLICATION OF SHEILA HUNTER. GRANT, THE REQUEST TO RESTORE A MULTI-FAMILY USE AS A SPECIAL EXCEPTION TO THE USE REGULATIONS CONTAIN THE DELTA DEVELOPMENT CODE. 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THERE ARE CLEAR INTENT NOT TO ABANDON THE NON-CONFORMING USE EVEN THOUGH THE USE WAS DISCONTINUED FOR SIX MONTHS OR MORE. IS THERE A SECOND? SECOND. ANY DISCUSSION ON MS. LAMB'S MOTION? WE'LL START WITH MS. LAMB. UM, I GRANTED IT BECAUSE, UH, ACCORDING TO THE TESTIMONY OF MS. HUNTER, WHEN SHE ACQUIRED THE PROPERTY OCTOBER 24TH, SHE ACQUIRED IT, UH, FOR THE SOLE REASON AND INTENT TO OWN AND OPERATE IT AS A MULTI-FAMILY FOR ME. THAT THAT, UH, SHOWS A CLEAR INTENT OF THE, THE INTENDED NON-CONFORMING BUDGET, UM, COMPLIANT USE. SO FOR THAT REASON, I THOUGHT THAT ACTIONS SPOKE TOWARDS REINSTATING THIS BECAUSE IT WASN'T MY PERCEPTION THAT SHE INTENDED TO ABANDON IT AND SHE ACQUIRED IT UNDER THE BELIEF THAT IT HAD NOT BEEN ABANDONED. ANY ADDITIONAL COMMENTS FROM MR. QUINT? NO. ALL RIGHT, MR. CAMPBELL, MR. DORN, ANYTHING TO ADD? ALRIGHT THEN CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. LAM'S MOTION TO GRANT THE FIRST SPECIAL EXCEPTION, MR. KIM? AYE. MS. LA AYE. MR. QUINN? AYE. MR. DAWN? AYE. MR. GRANT? AYE. MOTION TO GRANT PASSES? FIVE TO ZERO. AND THEN THE SECOND ISSUE WE HAVE TO CONSIDER WITH RESPECT TO 1724 POPLAR STREET IS ANOTHER SPECIAL EXCEPTION TO ENLARGE A NONCONFORMING USE. DOES ANYONE HAVE A MOTION WITH RESPECT TO THAT ISSUE? MS. LAMB? I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 0 0 5 4 ON APPLICATION OF SHEILA HUNTER GRANT THE REQUEST OF THIS APPLICANT TO ENLARGE A NON-CONFORMING USE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT ENLARGING THE NON-CONFORMING USE WILL ONE, NOT PROLONG THE LIFE OF THE NON-CONFORMING USE TWO WOULD HAVE BEEN PERMITTED UNDER THE ZONING REGULATIONS [00:55:01] THAT EXISTED WITH THE NON-CONFORMING USE, WHICH WAS ORIGINALLY ESTABLISHED BY WRIGHT AND THREE WILL NOT HAVE AN ADVERSE EFFECT ON THE SURROUNDING AREA. I FURTHER MOVE THAT THE FOLLOWING COMMISSION BE OPPOSED TO FURTHER THE PURPOSE OF ATTEND THE DALLAS DEVELOPMENT CODE. COMPLIANCE FOR THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. IS THERE A SECOND FOR MS. LAMB'S MOTION? SECOND. RIGHT. ANY DISCUSSION ON MS. LAMB'S MOTION TO GRANT THE SECOND SPECIAL EXCEPTION STARTING WITH MS. LAND? I FELT THAT SHE MET ALL OF THESE, UH, REQUIREMENTS HERE TO GRANT THE SPECIAL EXCEPTION. I DO NOT THINK THAT BY GRANTING THIS, THAT IT WILL, UH, UH, I THINK THIS WOULD'VE JUST BEEN ALLOWED UNDER THE, THE ORIGINAL, UH, BY RIGHTS ZONING HERE AND I DON'T THINK IT'S GOING TO, UM, PROLONG THE LIFE NON-CONFORMING USE ANY ADDITIONAL COMMENTS ON MS. LAMB'S MOTION? RIGHT. WITH THAT, CAN WE PLEASE TAKE A ROLL CALL VOTE. MR. QUINN? AYE. MR. CAMPBELL, MS. LAMB AYE. MR. DOLAN AYE. MR. GRAHAM AYE. MOTION TO GRAHAM PASSES? FIVE TO ZERO. ALL RIGHT. THANK YOU MS. HUNTER FOR APPEARING VIRTUALLY TODAY. YOU'LL GET A LETTER IN THE MAIL FROM MY BOARD SECRETARY. THANK YOU SO MUCH. AND I DO APOLOGIZE FOR, UM, I HAD PLANNED TO BE THERE IN PERSON, BUT, UM, SOME THINGS CAME UP AND I WASN'T ABLE TO MAKE IT, BUT I WANNA SAY THANK YOU SO MUCH. THANK YOU. THANK YOU. THANKS FOR APPEARING THAT. OKAY. ALRIGHT, THANK YOU. BYE-BYE. ALRIGHT THEN OUR LAST CASE ON OUR DOCKET IS CASE NUMBER BO OA DASH 25 DASH FIVE FIVE. IT'S AT 6 9 6 4 WAKEFIELD STREET, THE APPLICATION OF RYAN HOUSTON FOR A VARIANCE TO THE FLOOR AREA, RESTRUCTURE ACCESSORY TO A SINGLE FAMILY USE REGULATIONS. AND, UH, SECOND, A VARIANCE TO THE BUILDING HEIGHT FOR STRUCTURE NECESSARY TO SINGLE FAMILY USE, UH, REGULATIONS. SO IS THE APPLICANT PRESENT OR THE APPLICANT'S, UH, REPRESENTATIVE WHO'D LIKE TO SPEAK FIRST? COME ON UP. AND SIR, BEFORE WE BEGIN, CAN WE JUST GET YOUR NAME AND YOUR ADDRESS PLEASE? THANK YOU, SIR. AND THEN COULD YOU PLEASE RAISE YOUR RIGHT HAND? MS. WILLIAMS IS GONNA SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY, PLEASE PROCEED. [01:00:27] I'M SORRY, SIR. IS THE MICROPHONE ON PEOPLE ON MINE? CAN'T HEAR YOU. IS IT GREEN? OH, OKAY. THERE IT IS. OKAY, THANK YOU. UM, WHERE DO YOU WANT ME TO GO BACK TO START OVER OR, I, I DON'T THINK YOU NEED TO START OVER FROM SCRATCH, BUT, OH, OKAY. UH, JUST BACK UP A LITTLE. IT GIVES US A LITTLE MORE CONTEXT, BUT THEN YOU DON'T EVEN START FROM THE BEGINNING. SO, FROM A HEIGHT STANDPOINT, WE'RE, WE'RE GOING TO BUILD A, UM, SECOND STORY ABOVE THE GARAGE. UM, THE MAIN HOUSE HEIGHT IS 14 FEET, SIX INCHES, AND THE HEIGHT OF THE, UM, GARAGE AND SECOND STORY, A DU WILL BE, UH, ABOUT 21 FEET. UM, SO THAT'S ASKING FOR A SEVEN FOOT VARIANCE SINCE IT'S SUPPOSED TO BE THE SAME HEIGHT, BUT MY BACKYARD SLOPES AWAY TO THE ALLEY. FROM THE, THE FOUNDATION OF THE HOUSE TO THE ALLEY IS A FOUR FOOT DROP. AND BECAUSE IT'S A CORNER LOT, WE HAVE TO HAVE, UM, AN EIGHT FOOT, UM, SEPARATION FROM THE ALLEY AND FROM THE FENCES AS OPPOSED TO FIVE FEET IF IT WASN'T A, UM, CORNER LOT. SO WITH THAT, THE FOUNDATION FOR THE GARAGE WOULD BE 32 INCHES BELOW THE FOUNDATION OF THE, UH, THE MAIN STRUCTURE. MR. MU, CAN I JUST ASK, DO YOU HAVE MORE SLIDES THAN THIS? IS THIS JUST THE FIRST SLIDE IN A PRESENTATION? WE DO. I DON'T. OH, OH, OKAY. NEXT SLIDE. SO THE, THESE, THIS IS VARIANCE NUMBER ONE THAT WE'RE ASKING FOR, WHICH HAS TO DO WITH THE SQUARE FOOTAGE. UM, THE RESTRICTION IS 25 SQUARE FEET, OR IT'S 25% OF SQUARE FEET OF THE MAIN STRUCTURE. THE MAIN STRUCTURE IS I THINK, 1976 SQUARE FEET. SO WE'RE ASKING FOR 30%, WHICH WOULD BE, WHICH IS 621 SQUARE FEET. NEXT SLIDE. AND VARIANCE NUMBER TWO IS THE HEIGHT RESTRICTION. IT SAYS THE FLOOR HEIGHT OF THE MAIN STRUCTURE. UH, WE CANNOT EXCEED THAT. AND SO THE HEIGHT AND ELEVATION ARE TWO DIFFERENT THINGS. WE'RE ASKING FOR 21, UH, 21 FEET, SIX INCHES FOR THE HEIGHT, BUT ACTUALLY IT WILL BE SEVEN FEET ABOVE THE MAIN STRUCTURE. NEXT SLIDE. UM, LET'S SEE. I DON'T KNOW WHAT THIS IS. OH, I GUESS THIS IS THE, ALL THE HOMES THAT WERE SENT LETTERS. UM, OH NO, THIS IS ACTUALLY HOMES THAT HAVE DE DETACHED GARAGES AND HOMES THAT HAVE TWO STORY, UM, HOMES. NEXT SLIDE. UH, THIS IS THE, UM, PLOT OF MY, UH, YARD AND THE HOUSE ON THE YARD. IT'S APPROXIMATELY A 12,000 SQUARE FOOT, UM, LOT WITH A APPROXIMATELY 2000 SQUARE FOOT, UH, MAIN STRUCTURE. UH, SO THAT LEAVES, UH, ABOUT 10,000 SQUARE FEET AS IT STANDS NOW OF, UH, GREEN SPACE. UM, ONE OF THE OPPOSITION LETTERS HAD TO DO WITH, UH, THE ELIMINATION OF A LOT OF GREEN SPACE IF WE BUILD THIS A DU. UH, NEXT SLIDE. UM, THIS IS ANOTHER, UM, HOME IN THE NEIGHBORHOOD THAT HAS AN ATTACHED, UH, A DU, UH, WITH A GARAGE AND A TWO STORY STRUCTURE IN THE, IN THE BACK, UH, BY THE ALLEY. UH, NEXT SLIDE. AND THIS IS AN ADDITIONAL ONE THAT, UH, HAS A POOL THAT SHOWS THAT THERE'S A, UH, A LACK OF GREEN SPACE AFTER PUTTING IN A POOL. NEXT SLIDE. UH, THIS IS BASICALLY A RENDERING OF WHAT THE, UH, TWO STORY WOULD LOOK LIKE. UM, TWO CAR GARAGE IN THE FRONT AND IT WITH A DECK ABOVE. AND, UM, I GUESS THEY CALL IT A PORCH ON THE LOWER LEVEL. UM, AND THEN IN THE, IN THE BOTTOM IS THE [01:05:01] CURRENT HOUSE, UM, HEIGHT AND A, UM, IF THE HOUSE IS RIGHT NEXT TO THE, THE NEW STRUCTURE, THAT'S ABOUT HOW HIGH IT WOULD BE. BUT THERE'S ACTUALLY, UH, 32 INCHES LOWER BECAUSE OF THE ELEVATION, UH, DIFFERENCE ON THE SMOKE IN THE BACKYARD. NEXT SLIDE. UM, THIS IS A LAYOUT OF THE YARD THAT SHOWS, UM, WHERE THE, UH, A DU WOULD BE, WHICH IS IN THE UPPER, UH, LEFT HAND CORNER. AND IMMEDIATELY ADJACENT TO THAT IS THE CURRENT DECK. AND THEN NEXT TO THAT IS THE MAIN, UH, DWELLING. NEXT SLIDE. UH, THIS IS JUST DETAIL OF WHAT THE, UM, GARAGE WOULD BE LIKE ON THE UPPER LEFT. AND NEXT TO THAT WOULD BE THE A DU ON THE, UM, ON THE TOP. AND THEN ELEVATIONS OF THE, UH, THE FRONT OF THE GARAGE, THE REAR OF THE GARAGE, UH, THE LEFT SIDE AND THE RIGHT SIDE. UH, ONE OF THE LETTERS OF OPPOSITION HAD TO DO WITH THE FACT THAT, UH, THEY WERE CONCERNED ABOUT PRIVACY AND, UH, THE WINDOWS LOOKING INTO THEIR, UM, BACKYARD OR INTO THEIR WINDOWS ON THEIR HOUSE. AND WE WOULD BE ABLE TO, UH, MOVE THAT ONE WINDOW THAT'S IN THE UPPER, UH, RIGHT OF THE ELEVATION SLIDES. UM, WE WOULD BE ABLE TO MOVE THAT WINDOW TO THE, UM, ELEVATION ON THE BOTTOM RIGHT. NEXT SLIDE. UH, THIS IS THE INTERIOR OF THE, UH, HOUSE WHERE THE STAIRS WOULD BE GOING FROM THE GARAGE TO THE, UH, SECOND FLOOR. NEXT SLIDE. THIS JUST DESCRIBES THE CURRENT SITUATION. IT'S A, UH, 1900 SQUARE, 1,976 SQUARE FEET. UH, IT'S THREE BEDROOMS AND THREE BATHS. UM, THE GARAGE WAS CONVERTED INTO THE MAIN LIVING OR THE MAIN BEDROOM AND, UH, MAIN BATHROOM, UH, WHICH I PURCHASED IT AT, AT WHEN IT WAS LIKE THAT. UM, AND THE MAIN REASON FOR ME DOING THAT IS, UH, MY SON AND HIS, UH, WIFE AND MY GRANDSON LIVE WITH ME. AND, UH, I'D LIKE MY OWN SPACE . THAT'S THE MAIN REASON FOR BUILDING THE A DU. UM, AND WE DON'T HAVE A GARAGE RIGHT NOW, SO THAT'S, UH, ANOTHER REASON IS TO, UH, BE ABLE TO PUT THE CARS INSIDE THE, THE GARAGE. UH, NEXT SLIDE. UM, LET'S SEE. THIS HAS TO DO WITH THE OPPOSITION LETTERS. AND AGAIN, UH, WHAT I SAID WHEN I STARTED THE PRESENTATION WAS THAT INITIALLY THE OPPOSITION HAS TO DO WITH THE SIZE OF THE SLAB, WHICH IS 730 SQUARE, 736 SQUARE FEET AS OPPOSED TO 6 21. AND THEY ARE SAYING THAT I MISREPRESENTED THAT IN THE, UH, LETTER THAT WAS SENT TO THEM. UM, THIS IS, UH, MY NEIGHBOR ACROSS THE STREET. UM, THEY HAVE A TWO STORY HOUSE, UH, WITH A METAL ROOF. I'M LOOKING AT PUTTING A METAL ROOF ONTO THE A DU, WHICH IS VERY SIMILAR TO THEIRS. UM, ONE OF THE OPPOSITION LETTERS, AND IT MIGHT MIGHT BE THEIRS AS WELL, THAT, UH, HAD TO DO WITH, UH, THE ARCHITECTURAL, UM, I GUESS CONSISTENCY OF THE NEIGHBORHOOD. UM, BUT, UH, THEIRS IS A LITTLE BIT DIFFERENT THAN EVERYBODY ELSE'S IN THE NEIGHBORHOOD BECAUSE MOST OF THE OTHER ONES ARE ONE STORY. BUT THERE ARE, THERE ARE, UH, TWO STORY HOUSES, UM, ACROSS THE STREET FROM ME AS WELL. UH, NEXT SLIDE. UM, THIS IS A, A, A HOUSE THAT'S DOWN THE STREET FROM ME ON, UM, WILD GROVE. IT'S ACTUALLY ON LARAMA AND, UH, WILD GROVE ON THE CORNER. UM, BUT SHOWS THAT THEIR ORIGINAL HOUSE, HOUSE WAS, UH, UH, ONE STORY WITH, UH, WITH BRICK AND THEY HAVEN'T QUITE COMPLETED THE OUTSIDE. BUT AGAIN, IT HAS A METAL ROOF THAT SLOPES SIMILAR TO THE DESIGN THAT, UH, I'M TRYING TO DO. NEXT SLIDE. MY EYES ARE BAD. I CAN'T READ THE CONTRACTS THERE. DO Y'ALL HAVE ANY QUESTIONS? UH, STARTING WITH MS. LAMB, WHERE DO I START? [01:10:01] UM, WHAT YOU'RE ASKING FOR, YOU'RE WITH YOUR APPLICATIONS TODAY, UM, YOU'RE LOOKING TO CONSTRUCT A PLACE FOR YOU TO LIVE IN. CORRECT. BUT YOU'RE, THAT'S NOT REALLY WHAT THE APPLICATION ASKING FOR BECAUSE LIKE, THAT SHOULD BE A SEPARATE APPLICATION IF YOU'RE GONNA HAVE ALL THREE OF THE COMPONENTS. ARE YOU INTENDING TO HAVE A KITCHEN, BATHROOM AND BEDROOM? IT'LL HAVE A, UH, KITCHEN AND A BATHROOM IN NO BEDROOM AND A BEDROOM. BUT THAT'S, DOESN'T NEED BE A SEPARATE APPLICATION FOR THAT. YES. SO, UM, IF THIS, IF WHAT HE, HIS TESTIMONY IS THAT HIS ADDITIONAL STRUCTURE IN THE REAR WILL HAVE A KITCHEN, BATHROOM, AND BEDROOM THAT IS NOT CONSISTENT WITH THE PLANS WE REVIEW TO PRESENT TO YOU GUYS TODAY. SO HE WOULD HAVE TO COME BACK FOR, UM, SPECIAL EXCEPTION FOR AN ACTUAL A DD WITH A THREE COMPONENTS. AND THAT IS INCONSISTENT WITH THE BRIEFING WE RECEIVED THIS MORNING, IS IT NOT? THAT'S CORRECT. UM, SO THE REVISE, THE PLANS THAT WE HAD HAD, THAT WE PRESENTED TO YOU GUYS TODAY DID NOT INCLUDE A DIFFERENT COMPONENT. AND I APPRECIATE YOU SHOWING US SIMILAR, UH, DEVELOPMENTS IN YOUR NEIGHBORHOOD. BUT I THINK WHAT THE NEIGHBORS ARE HAVING A HARD TIME WITH IS ALL OF THE SECOND STORY COMPONENTS THAT YOU SHOWED CASE HERE WERE ON THE PRIMARY RESIDENCE, NOT A SECONDARY LIKE STRUCTURE. AND SO THAT SEEMS TO BE THE BIGGEST DIFFERENCE IS YOU'RE ASKING FOR A SECONDARY STRUCTURE OR A SECOND STORY ON A SECONDARY STRUCTURE, RATHER ON, THAN ON THE PRIMARY STRUCTURE. HOW YOU, YOU COULD BUILD A SECOND STORY ON YOUR PRIMARY STRUCTURE BY RIGHT. WITHOUT HAVING TO COME IN FRONT OF THE BOARD. YOUR ONLY CONSTRAINTS THAT YOU HAVE ON YOUR PROPERTY IS THAT YOU'RE ON A CORNER LOT, WHICH MEANS YOU HAVE A DIFFERENT SETBACK, WHICH YOU'RE RECONCILING WITH 12, 12,000 SQUARE FEET OF LAND. SO YOU CAN ACTUALLY BUILD BY RIGHT. WHAT YOU WANT TO, UM, AS AN, AS AN ADJACENT TO THE EXISTING STRUCTURE WITHIN THE CONFINES OF YOUR 12,000 SQUARE FEET. I AM, I'M HAVING A HARD TIME GETTING AROUND THIS BECAUSE YOUR APPLICATION APPLICATION'S TESTIMONY DON'T ACTUALLY, LIKE, THEY DON'T ALIGN A SEPARATE APPLICATION. SO I GUESS I, I GUESS THE APPLICATION, I'M, I'M NOT FAMILIAR WITH THE APPLICATION. THAT'S OKAY. IF YOU WANT TO BUILD A SECOND STRUCTURE WHERE IT'S GOING TO HAVE ALL THREE COMPONENTS, WHICH IS A BEDROOM, BATHROOM, AND A KITCHEN, THEN YOU HAVE TO HAVE A SEPARATE APPLICATION TO ASK FOR PERMISSION. IF YOU ARE JUST BUILDING A SECONDARY STRUCTURE THAT HAD A BATHROOM AND A SAY A BEDROOM, YOU'RE ALLOWED TO DO THAT BY, RIGHT. THE REASON WHY YOU'RE COMING IN HERE IS YOU'RE ASKING FOR TWO DIFFERENT THINGS. YOU'RE ASKING FOR A VARIANCE ON THE HEIGHT, RIGHT? BECAUSE YOUR HEIGHT IS, IS, IS LARGER THAN THE PRIMARY STRUCTURE. AND YOU'RE ALSO ASKING FOR A VARIANCE IN THE FLOOR AREA. BUT IF YOU JUST, IF YOU JUST EXPANDED THE PRIMARY STRUCTURE WITH BOTH HEIGHT AND UM, FAR, YOU'D BE ABLE TO DO THAT BY, RIGHT. SO YOU'RE HAVE, YOU'RE COMING IN FRONT OF US KIND OF CREATING YOUR OWN HARDSHIP, ASKING FOR ALL THESE EXCEPTIONS, WHEN YOU CAN ACTUALLY JUST EXPAND ON YOUR PRIMARY RESIDENCE TO MEET YOUR, SO WHEN YOU, WHEN YOU SAY THEN IT WOULD JUST BE CONNECTED. YES. OKAY. THAT'S NOT WHAT I WANTED TO DO. I WANTED A SEPARATE STRUCTURE. YES, BUT YOUR, YOUR, YOUR REQUEST TO HAVE A SEPARATE SECONDARY STRUCTURE WHERE YOU ACTUALLY A TRUE A DU, WHICH IS A BEDROOM, BATHROOM AND KITCHEN IS NOT PART OF YOUR APPLICATION. SO IF WE GRANT THIS BASED ON YOUR TESTIMONY, WE'RE GRANTING YOU BASICALLY BUILD A LEGAL STRUCTURE THAT YOU'RE GONNA BE LIVING IN WITHOUT ACTUALLY HAVING THE RIGHT, UH, VARIANCE FOR AN A-D-U-I-I, I'LL HAVE TO DEFER TO MY CONTRACTOR 'CAUSE I'M NOT FAMILIAR WITH THAT, UM, ASPECT OF BUILDING TO A DU SO ANOTHER, SO WHO IS RYAN HOUSTON? HE'S RIGHT HERE. OKAY. ANY MORE QUESTIONS FOR THE WITNESS BEFORE, UH, YES, MR. UH, CAMPBELL AT THE VERY BEGINNING OF YOUR TESTIMONY? WELL, LEMME JUST START BY SAYING THIS. I, I THINK IT'S GREAT THAT YOU'RE TRYING TO INCLUDE YOUR FAMILY IN YOUR RESIDENCE. I DO THINK THERE ARE SOME TECHNICAL ISSUES THAT, THAT MS. LAMB POINTED OUT WITH THE APPLICATION, UM, AND WHICH I COMPLETELY AGREE WITH THAT SAID YOU, AT THE VERY BEGINNING OF YOUR TESTIMONY, YOU MENTIONED THAT YOU HAD SUPPORT FROM YOUR NEIGHBORS UNTIL IT WAS DELAYED AND NOW CORRECT. AND NOW YOU HAVE OPPOSITION FROM DID, DID, DID THEY FLIP? WELL, WHAT HAPPENED WAS, UM, DANIEL REVIS, WHO LIVES ACROSS THE STREET IN THE TWO STORY HOUSE, HE WAS THE INITIAL PERSON THAT I WENT TO TO GET HIS SUPPORT. AND HE, I BROUGHT HIM THE DRAWINGS AND EVERYTHING THAT YOU'VE SEEN HERE AND HE, UH, HE WAS ON BOARD WITH IT AND I GOT THE, THE, UH, NEIGHBORS ACROSS THE STREET FROM ME AND THE NEIGHBORS BEHIND, DIRECTLY BEHIND ME. UM, AND [01:15:01] THEY GOT THEIR SUPPORT. THE PROJECT GOT DELAYED. I, I LEFT TOWN IN EARLY OCTOBER, WAS PLANNING ON COMING BACK FOR THE MEETING, BUT DIDN'T. AND WHEN THEY GOT THEIR LETTERS, I GUESS IN THE MIDDLE OF OCTOBER, UM, THERE WAS JUST MORE TALK, UM, AMONGST THE NEIGHBORS THAT IT WAS PRIMARILY, UM, THE WOMAN THAT LIVES DIRECTLY NEXT TO ME IS DANIEL'S MOTHER AND SHE WAS THE ONE THAT OBJECTED TO THE HEIGHT, UM, OF THE ADDITIONAL UNIT. SO, AND SO THAT'S WHERE IT KIND OF, UM, I LOST THE, THE SUPPORT WHEN I WAS OUTTA TOWN. AND, UM, THEY WERE, THEY WERE USE UTILIZING THE, THE NUMBERS THAT WERE ON THE LETTERS THAT WAS INACCURATE. SO, UH, JUST TO CLARIFY, THE TECHNIC TECHNICAL ISSUES WITH THE APPLICATION NOTWITHSTANDING, ARE THERE ANY OF THE NEIGHBORS THAT YOU KNOW OF NOW THAT SUPPORT THIS CURRENT APPLICATION? YES. YEP. DID THEY, DID THEY PROVIDE ANY WRITTEN WELL, I GOT SIGN, THOSE WERE SIGNATURES THAT I GOT BEFORE THE LETTERS WENT OUT. OKAY, THANK YOU. BECAUSE I'LL JUST SAY WE HAVE THE LETTERS THAT WERE SUBMITTED ON THIS CASE AND WE HAVE 11 LETTERS IN OPPOSITION. WE HAVE NO LETTERS TO SUPPORT. IT SOUNDS LIKE WE DON'T HAVE A RECORD OF THE SIGNATURES EITHER. IS THAT RIGHT? OKAY. SO YEAH, I GUESS I DIDN'T KNOW THAT THE PROPER PROCEDURE FOR GETTING LETTERS SENT IN IS IN SUPPORT. CAN I ASK YOU A QUESTION REAL QUICK WITH RESPECT TO THE 11 LETTERS WE HAVE IN OPPOSITION, AND I UNDERSTAND YOU DISAGREE WITH THEM. HAVE YOU MADE ANY EFFORTS TO TRY TO SPEAK TO SOME OF THOSE NEIGHBORS AND, AND ALLAY THEIR CONCERNS AND SEE IF YOU CAN, UH, GET THEM ON BOARD, ANYTHING LIKE THAT? I HAVE NOT. OTHER, UH, QUESTIONS FOR, UH, MR. MU? ALL RIGHT. THANK YOU SIR. THANK YOU. ARE THERE ANY OTHER SPEAKERS ON 6 9 6 4 WAKEFIELD STREET. THERE YOU GO. COME ON UP SIR. WE HAVE, UH, MR. JEFF CARR IN SUPPORT MIS MR. CARR? YES. ALRIGHT, IF YOU PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. ALRIGHT, I'M GONNA TRY TO CLEAR THIS UP. PLEASE STATE YOUR NAME AND ADDRESS PLEASE. JEFF CARR. 6 7 2 9 DRIVE. I ACTUALLY LIVE A COUPLE MILES FROM THE APPLICANT. ALRIGHT, THANK YOU SIR. YOU HAVE FIVE MINUTES. OKAY. SORRY, CAN YOU JUST MAKE SURE YOUR MICROPHONE'S ON THERE SHOULD BE LIKE A GREEN LIGHT? YES, IT'S ON. ALL RIGHT, THANK YOU. ALRIGHT, SO I WANNA TRY TO CLEAR SOME OF THIS STUFF UP. UM, 'CAUSE I THINK ON THE TERMINOLOGY HE'S NOT AS SAVVY ON IT AS, AS I AM. THIS IS ALL WE DO IS BUILD THESE DETACHED HOUSES. UH, USUALLY I GET THE MONDAY PANEL, BUT I GUESS, UH, WE'RE ON THE WEDNESDAY GROUP. UM, AND THERE'S A LOT OF CONFUSION ABOUT IT. UM, AND YOU GUYS MAY NOT GET AS MUCH OF THESE AS WE APPLY FOR, SO I'M GONNA TRY TO TO CLEAR IT UP. HE, HE HAS, WHAT HE HAS APPLIED FOR IS AN ACCESSORY STRUCTURE. HE DOESN'T KNOW THE DIFFERENCE BETWEEN STRUCTURE DWELLING, UH, HABITABLE GARAGE. I MEAN, THERE'S A, THERE'S A VERY GRAY AREA. UM, SO, UM, HIS AA HIS APPLICATION IS LEGITIMATE. IT'S, IT'S DOESN'T HAVE A FULL KITCHEN. IT'S, IT'S AS REPRESENTED AS TO WHAT YOU HAVE. HE JUST CALLS IT AN A DU PROBABLY 'CAUSE IT'S THE NAME OF MY COMPANY, BUT THAT'S, THAT'S NOT WHAT IT IS AS PER THE RULES. UM, AS FAR AS THE OPPOSITION LETTERS, WE HAVE NO KNOWLEDGE OF THERE BEING 11. WE HAD KNOWLEDGE OF THERE BEING SIX. UM, AND PART OF THE PROBLEM WAS I SENT OUT AN EMAIL, UM, IN LATE OCTOBER. IS THERE ANY OPPOSITION LETTERS AT THAT TIME? I GOT A RESPONSE THAT THERE WERE NONE. UM, SO WE THOUGHT WE WERE OKAY. AND THEN I SENT ANOTHER EMAIL LAST WEEK. I WAS LIKE, ALL RIGHT, LET'S SEE WHAT'S GOING ON. AND THEN THERE WAS THIS FLOOD OF 'EM THAT WE WEREN'T MADE AWARE. AND I THINK A BIG PART OF THAT IS BECAUSE THE NOTICE THAT WAS SENT OUT IS NOT ACCURATE. I MEAN, IT'S, HE IS NOT ASKING FOR AS BIG OF A VARIANCE OR AS TALL OF A VARIANCE AS THAT NOTICE SAYS. SO I THINK IT CREATED A STIR IN THE NEIGHBORHOOD. UM, I'M FULLY AWARE THAT HE COULD BUILD THIS THING ATTACHED TO HIS HOUSE BY RIGHT. AND WE WOULDN'T BE HERE AND THERE WOULD BE NO PROBLEM. IF YOU SEE THE SLIDE, UM, THE LAST SLIDE WE SHOWED YOU SHOWS THIS POWER OVER THE BACK OF THE HOUSE, UM, WHICH WE CAN AND WILL DO IF WE HAVE TO, BUT THERE'S A LOT OF HARDSHIPS THAT COME WITH HIM ATTACHING TO THAT HOUSE. AND IT, IT'S MORE EXPENSIVE TO TEAR DOWN WALLS, TEARING THE HOUSES AND TO BUILD SOMETHING THAT IS DETACHED AND CLEAN. WE DO IT ALL THE TIME. REALLY, THE ONLY TIME WE ATTACH LIKE THAT NEIGHBOR DID IS WHEN WE, WHEN WE ACTUALLY HAVE TO. SO, UM, I MEAN THERE'S A, I MEAN I'VE GOT LIKE 15 THINGS I CAN TOUCH ON HERE. SO I'M GONNA JUST KIND OF THROW 'EM OUT THERE AND THEN YOU GUYS CAN PICK MY BRAIN. BUT HE HAS A 25 FOOT BUILD LINE ON [01:20:01] THE NORTH SIDE OF HIS HOUSE. THE NORTH SIDE OF HIS HOUSE FACES A BIG TWO STORY HOUSE WITH A METAL ROOF. I LIVE IN A TWO STORY HOUSE. SO IF I WANTED TO BUILD WHAT HE'S ASKING FOR RIGHT NOW AT MY HOUSE, WHICH IS ONLY A FEW MILES AWAY, I COULD DO IT, NO QUESTIONS ASKED, NO ONE COULD STOP ME DETACHED RIGHT BEHIND THE SWING POOL. SO AS I'VE ARGUED IN SEVERAL CASES, WHICH A LOT OF PEOPLE DON'T UNDERSTAND, IS HE'S BEING PENALIZED FOR HAVING A SMALLER HOUSE. I MEAN, THAT'S JUST, THAT'S WHAT IT'S, UM, HIS YARD SLOPES DOWN. SO IT'S ACTUALLY NOT GOING TO BE AS MUCH OF AN EYESORE FROM THE FRONT AS THE ONE WE SHOWED YOU THAT DOWNWARD SLOPE. I MEAN, I KNOW WHAT Y'ALL ARE TRYING TO PREVENT. YOU'RE TRYING TO PREVENT A MASSIVE TOWER BEHIND HIS HOUSE. IT LOOKS TACKY. THIS IS GOING TO BE A VERY NICE STRUCTURE. UM, LET'S SEE. SO IT'S NOT A RENTAL UNIT. SOME PEOPLE ALLUDED TO THAT. THAT'S NOT THE CASE. I DON'T SEE THIS GUY RENTING OUT HIS BACKYARD. UH, HE TRAVELS A LOT. HE HAS GRANDKIDS. HE JUST WANTS A PLACE TO STAY IN. THAT'S HIS, WHEN HE IS HERE IN DALLAS. THAT'S ALL THIS IS. UH, SOME PEOPLE COMPLAINED ABOUT THE FENCE LINE. UH, HIS FENCE ISN'T MOVING. THEY COMPLAINED ABOUT THE DEATH OF THE ALLEY IN THEIR LETTERS. THE ALLEY'S NOT CHANGING. UM, THEY TALKED ABOUT THE GREEN SPACE IN HIS YARD BY GOING UP. UH, THERE WOULD ACTUALLY BE MORE GREEN SPACE. UH, SOMEONE MENTIONED THE DRAINAGE. I DON'T KNOW WHY ANYONE WOULD CARE ABOUT HIS DRAINAGE. UM, THEY MENTIONED UN PERMITTED WORK THAT WAS DONE IN A HOUSE FROM THE NEIGHBOR BEFORE. KIND OF SEEMS LIKE THAT'S REALLY NOT HIS FAULT EITHER. UH, WHERE WERE THESE PEOPLE WHEN THE NON PERMITTED WORK WAS GOING ON? UM, WE ARE OPEN TO MINIMIZING THE ROOF HEIGHT AS BEST WE CAN. IF YOU NOTICE ON THE PLANS, WE USED AN EIGHT FOOT PLATE HEIGHT ON THE SECOND STORY AS AN EFFORT TO JUST DO THE BEST WE COULD TO BRING IT DOWN. UH, I DON'T THINK THERE'S A WINDOW IN THE BACK FACING THE NEIGHBOR'S HOUSE, UM, THAT ALLUDED TO THIS NOT BEING PRIVATE. THIS IS ALSO AN EIGHT FOOT SETBACK. IT'S NOT RIGHT UP ON THE FENCE. I BUILD THESE ALL THE TIME. EIGHT FEET IS ACTUALLY FURTHER THAN ALMOST ANY OTHER NEIGHBORHOOD, BUT WE BUILD THESE THREE FEET, FIVE FEET NONSTOP. UM, THE COST TO ATTACH IS GREATER AND THERE'S OTHER PROPERTIES THAT LOOK VERY SIMILAR. BUT I MEAN, I THINK SOME OF THIS GOES BACK TO THE, THE VERY BEGINNING WHERE, UH, IMPROPER NOTICE WAS SENT TO THE NEIGHBORS AND MAY HAVE CREATED MORE OF A STIR THAN WE WERE MADE AWARE OF. NOT UNTIL WEDNESDAY OF LAST WEEK. THOUGHTS? MM-HMM. SIR, DO YOU HAVE THIS IMPROPER NOTICE? UH, WELL, I MEAN, YEAH, YOU GUYS MADE IT. IT SAYS 736 SQUARE FEET. THAT'S NOT WHERE WE'RE BUILDING. SO ARE YOU SAYING THAT WE WERE IMPRO LIKE THE NEIGHBORS WERE PROPERLY NOTICED? I THINK THE, THE DATA ON THE NOTICE IS ELEVATED FROM REALITY, SO, OKAY. SO THEN I'M, I'M GONNA ASK YOU AGAIN. ARE YOU SAYING THAT, THAT THE, THOSE WITHIN THE 200 FEET REPORTING ZONE WERE IMPROPERLY NOTICED BY CITY STAFF? I THINK SO, YES. BECAUSE IT SAYS, SO IF, IF THAT'S THE CASE, THEN WHEN YOU MAKE A DETERMINATION, THEY WERE NOT PROPERLY NOTICED AND PULLED OVER THE CASE. IS THAT WHAT YOU'RE ASKING? UH, POSSIBLY. YEAH. HOLD ON. WHAT WE'RE GONNA ASK, CITY STAFF'S GONNA TAKE A LOOK AND WE'RE JUST GONNA ASK FOR THEM TO TAKE A LOOK AT THE, THE ALLEGATIONS WITH RESPECT TO THE NOTICE BEING INCORRECT, MR. THOMPSON. OKAY. SO IF YOU GO AND LOOK AT THE ORIGINAL APPLICATION, THE RE ORIGINAL APPLICATION THAT WAS FILLED OUT BY THE APPLICANT WAS FOR, UH, A SQUARE FOOTAGE THAT WAS EQUAL TO THE SAME AS THE GARAGE SQUARE FOOTAGE. WHEN DOING THE CALCULATIONS FROM CITY STAFF, IT WAS REDUCED FROM 736 SQUARE FEET TO 621 BECAUSE OF THE AREA ON THE SECOND FLOOR IS NOT CALCULATED AS GARY. SO WE ACTUALLY REDUCED HIS REQUEST FROM 37% DOWN TO 31.6%. SO IT'S NOT THAT CITY STAFF DID ANYTHING INCORRECTLY. IF ANYTHING WE PROVIDED ADEQUATE HOW WE CALCULATE AS A CITY, HOW WE ALWAYS CALCULATE SQUARE FOOTAGE, THE PARKING AREA ON THE FIRST LEVEL, WE EXCLUDE PARKING FROM YOUR FLOOR AREA. WE GAVE HIM THE ENTIRE AREA ON THE FIRST LEVEL FOR PARKING. WE DID NOT INCLUDE ANY OF THAT INTO THAT AREA. THE ONLY AREA THAT'S INCLUDED IS WHAT'S INSIDE THE WALLS ON THE SECOND LEVEL. SO IF CITY STAFF MADE AN ERROR, THEN HE CAN PROVIDE DOCUMENTATION HOW WE MADE AN ERROR BASED ON THOSE CALCULATIONS. WE CAN DO THE MATH, IT'S SIMPLE, WHATEVER BY WHATEVER THIS FORM, UH, HERE SAYS THAT HE IS, WHICH IS, IS WHAT THE NEIGHBOR SAW, SAYS HE'S REQUESTING A NINE FOOT SIX INCH VARIANCE FOR A HOUSE THAT HAS A HEIGHT OF 21 FEET. THAT WOULD, THAT WOULD MEAN THAT HIS HOUSE ONLY HAS A 12 FOOT, HE'S ONLY 12 FEET TALL. SO, AND ALSO IT SAYS, I MEAN, I'M JUST GOING OFF OF THESE NUMBERS, UH, 736 SQUARE FEET OF FLOOR AREA. 37% OF THE 1976, [01:25:02] BUT IT'S ACTUALLY 6 21. I MEAN THIS IS THE NOTICE THAT WENT OUT HERE. SO MAYBE IT WAS JUST A TYPO. I DON'T KNOW. I THINK IT'S IN OUR RECORD ALREADY, ASSUMING IT'S THE NOTICE. DOES THE PAGE NUMBER HANDY? IF I MAY EVEN, SO WHEN WE SEND OUT NOTICE, WE SEND OUT WHAT WAS RECEIVED, BUT AT THE HEARING IT COULD, YOU CAN APPROVE ANYTHING LESS THAN WHAT WAS NOTICED. YOU CAN'T GO OVER THE MAXIMUM. SO THE NOTICE SETS A CEILING TO INFORM THE PUBLIC THAT THIS IS AS HIGH AS THIS BOARD MAY GRANT A FOR A VARIANCE. SO ALTHOUGH THE NUMBER MIGHT HAVE TWEAKED FROM NOW AND THEN IT WASN'T IMPROPERLY NOTICED BECAUSE WE ARE LESS THAN WHAT WAS NOTICED, WHICH WAS 700, 736 AND WHAT'S BEFORE YOU IS 621, WHICH IS BELOW. SO THEREFORE YOU CAN PROCEED WITH THIS CASE. I DO NOT UNDERSTAND, UM, THE LOGIC THERE. IF YOU SEND A LETTER OUT SAYING SOMEONE IS REQUESTING A 736 SQUARE FOOT VARIANCE WHEN IT IS A 621 SQUARE FOOT VARIANCE, THEY WILL BE CONFUSED. IF YOU SEND A LETTER OUT THAT SAYS YOU ARE REQUESTING A NINE FOOT SIX INCH VARIANCE, WHEN IT IS NOT THAT MUCH, THEY WILL BE CONFUSED. WE HAVE NEVER SEEN THIS MANY OPPOSITION LETTERS EVER. AND THE, THE NUMBERS OF THE HEIGHT ARE CORRECT. SO HOW WE MEASURE HEIGHT VERSUS HOW YOU MAY MEASURE HEIGHT IS TOTALLY DIFFERENT. THOSE NUMBERS ON THE HEIGHT ARE CORRECT, IF I MAY. AND THAT'S, AND WE'RE PROVIDING NOTICE FOR THE PUBLIC TO TUNE IN IF THAT'S WHAT THEY WANNA DO. AND THEY CAN WATCH THIS HEARING TO, TO SEE HOW IT UNFOLDS AND SEE THAT IT ACTUALLY ISN'T 736, IT'S 621. AND THEY COULD HAVE COME TO PROVIDE COMMENTS. SO WE, AGAIN, WE CAN PROCEED WITH THE HEARING AND MEMBERS OF THE PUBLIC COULD HAVE CAME. IT, WE, THAT'S WHAT THE NOTICE IS FOR, TO SHOW THEM THIS IS A CASE THAT'S COMING BEFORE THE BOARD AND HERE'S THE DAY. IF YOU WANT TO EXPRESS AN OPINION, YOU CAN COME BEFORE THE BOARD TO MAKE THOSE COMMENTS. I DON'T THINK THEY WOULD SHOW UP TO VERIFY THE HEIGHT. I MEAN, THEY, THEY'RE RILED UP BECAUSE THEY'RE SEEING DIFFERENT NUMBERS THAN A, A LARGER VARIANCE THAN IS ACTUALLY REAL. I'M NOT, I'M NOT SURE THERE'S, THERE'S DEFINITELY A DISCONNECT HERE FOR CERTAIN. ALRIGHT, UH, QUESTIONS FOR THE WITNESS? I'M GONNA START WITH, UH, I'LL START WITH MR. CAMPBELL. I WAS JUST VOLUNTEERING TO NOT DO THIS AND I PICKED YOU ANYWAYS, . OH. UH, BUT NO, NO. YEAH. MS. LAND'S READY TO GO HERE. UH, NO, I'M ALREADY ON THE MIC, SO THERE YOU GO. SO MR. CARR, FIRST OFF, THANK YOU FOR COMING AND, AND CLARIFYING ALL THESE ISSUES SERIOUSLY. UH, AND I JUST WANT TO, I'M GONNA RE REITERATE, REITERATE YOUR ARGUMENT AND YOU TELL ME IF I'M CORRECT OR IF I'M OFF BASE. ARE YOU SAYING THAT IT WAS THIS NOTICE THAT IS IN OUR FILE THAT SAYS 7 36 SQUARE FEET, 37% IS THE ONE THAT WAS THAT MISLED NEIGHBORS AND RILED THEM UP? IS THAT WHAT YOU'RE SAYING? I THINK SO BECAUSE IT'S 6 21 IS THE REAL NUMBER, WHICH IS, IS ACTUALLY ONLY ASKING FOR 124 SQUARE FEET, WHICH IS LESS THAN A DISTANCE FROM ME TO YOU. UNDERSTOOD. THANK YOU. UH, WHAT IF ANY, UH, OUTREACH HAVE Y'ALL DONE, UH, IN REGARDS TO THIS PROJECT? SO A MONTH AGO WHEN I ASKED IF THERE WERE ANY OPPOSITION LETTERS, THERE WERE NONE. AND THEN THE MEETING GOT DELAYED. AND SO WE WERE KIND OF CAUGHT OFF GUARD. WHEN I FOLLOWED UP, I DIDN'T HAVE ANY KNOWLEDGE OF ANY OPPOSITION HE HAD SPOKEN TO THEM. IT WASN'T UNTIL LIKE SIX DAYS AGO THEY WERE LIKE, OH, THERE'S A TON OF OPPOSITION. SO ON TOP OF MAYBE THEM BEING CONFUSED, WE DIDN'T REALLY HAVE AS MUCH TIME TO REACT AS WE WOULD'VE LIKED IN TERMS OF LIKE PROACTIVE REACHING OUT TO THE NEIGHBORS. UM, MR. MUDGET WAS OUT TALKING TO THEM, YOU KNOW, A MONTH AGO, SIX WEEKS AGO WHEN HE THOUGHT EVERYTHING WAS GOOD. AND AT THAT TIME IT WAS, IT WASN'T UNTIL LAST WEEK WHEN WE WERE LIKE, OKAY, WHAT HAPPENED? AND I HAVE AN EMAIL WHERE, YOU KNOW, I WOULD, I WOULD LIKE THAT TO THINK THAT THE BOARD WOULD REACH OUT TO US AND BE LIKE, HEY, THERE'S A TON OF OPPOSITION HERE, BUT I HAD TO REACH OUT. AND THEN I WAS LIKE, OH WOW, THERE'S A, THIS IS, THERE'S A LOT. I APPRECIATE HOW FRUSTRATING THAT IS. ULTIMATELY THOUGH, IT DOES FALL ON THE APPLICANT TO PROVE THAT THIS, THEIR APPLICATION IS NOT CONTRARY TO PUBLIC INTEREST. UM, ONE QUESTION I DO HAVE IS, UM, YOUR CLIENT'S TESTIMONY WAS WHETHER HE HAS THE ACRONYM RIGHT OR OR NOT IN TERMS OF WHAT A DU IS IN A SECONDARY STRUCTURE. UM, HE DID TESTIFY THAT REGARDLESS THERE WOULD BE A KITCHEN, BEDROOM AND BATHROOM. SO REGARDLESS OF THE NAME IS, WHAT IS THE FINAL INTENT OF THIS? UH, THE SECONDARY STRUCTURE IS IT TO HAVE A BEDROOM, BATHROOM, KITCHEN? IT WILL NOT [01:30:01] HAVE A STOVE IN IT. WHAT STOVE CONSTITUTES KITCHEN AS PER CITY OF DALLAS RULES IS STOVE THE ONLY THING THAT IS THE ONLY COMPONENT FOR A KITCHEN. SO THERE, THE DEFINITION OF THE KITCHEN MEANS THAT YOU HAVE TO HAVE X, Y AND Z. LEMME PUT IT UP SO I CAN READ WHAT ALL THOSE COMPONENTS ARE, BUT ABSENCE OF ONE OF THOSE WILL MAKE IT NOT A KITCHEN, I MEAN, BUT ULTIMATELY THEY COULD PUT THAT IN AFTER THE FACT. UM, WE CAN'T STOP ANYONE FROM DOING ANYTHING AFTER A PERMIT HAS BEEN APPROVED. UH, AT THAT POINT IT BECOMES A CODE COMPLIANCE ISSUE. UM, WE THEN CODE COMPLIANCE WOULD HAVE TO GO OUT AND CITE THEM AT THAT POINT IN TIME. UM, WE CAN'T STOP SOMEONE FROM DOING SOMETHING ILLEGAL. SO THE APPROVAL WOULD BE FOR AN ACCESSORY STRUCTURE IF YOU ILLEGALLY WITHOUT PERMITS CONVERTED TO A DWELLING UNIT BY ADDING THAT COMPONENT. THAT'S SOMETHING THAT YOU DID ILLEGAL WITHOUT PERMITS CODE COMPLIANCE WOULD'VE TO CITE YOU FROM THERE. AND ONE LAST QUESTION. I MEAN, YOU, YOU SPOKE TO THE PREFERENCE OF YOUR CLIENT WANTING THIS SECONDARY STRUCTURE, WHETHER IT'S AN A DU OR OR WHATNOT. UM, YOU DID TESTIFY THOUGH THAT IF THIS IS NOT GRANTED, YOU CAN AND WILL BUILD A LARGER STRUCTURE ADJACENT TO THE, TO THE PRIMARY STRUCTURE. IS THAT CORRECT? IF, IF HE GETS DENIED, THE THE ALTERNATIVE WOULD BE TO BUILD SOMETHING THAT'S ATTACHED. NOW, I DON'T KNOW IF HE'S GOING TO WANT TO DO THAT BECAUSE OF THE PRICE, BUT IT'S GOING TO CREATE, I THINK THAT'S THE DISCONNECT HERE IS ALL OF THESE ISSUES THAT WE'RE TALKING ABOUT WITH THE NEIGHBORS, THERE'S, THEY WOULD STILL BE THERE, RIGHT? I MEAN THE PRIVACY, YOU KNOW, THERE'S A TWO STORY HOUSE RIGHT THERE NEXT TO 'EM. SO NOTHING CHANGES OTHER THAN THE FACT THAT UH, HE'S GOING TO SPEND A LOT MORE MONEY. AND, AND THEN WE OPEN UP A CAN OF WORMS ON WHAT WE SEE TEARING INTO HIS CURRENT HOUSE, WHICH ALREADY HAS ISSUES. AND I MEAN, AS A CONTRACTOR, SURE I WOULD LOVE TO BUILD IN SOMETHING THAT'S SIGNIFICANTLY MORE EXPENSIVE AND MAKE ALL THAT MONEY, BUT IT'S, IT'S NOT AS CLEAN OF A PROJECT. BUT IN THAT CASE THEN BEGS THE QUESTION THEN IF, IF YOU CAN AND WILL BUILD, IF THIS IS NOT APPROVED, WHAT CAN YOU SEEKING TO DEVELOP THEN YOU'RE AFFIRMING THAT THE SUBJECT SITE IS NOT RESTRICTIVE IN SHAPE AND THAT YOU COULD DEVELOP IT WITHOUT NEEDING THESE NECESSARY APPROVALS? WE COULD DO THAT, BUT IT WILL BE A, AT A SIGNIFICANT EXPENSE TO THE HOMEOWNER. AND THERE'S ALREADY BEEN SOME UNPERMITTED WORK DONE THERE THAT THE NEIGHBORS BROUGHT UP. IT WOULD BE, IT WOULD BE A MUCH MORE DIFFICULT PROJECT. BUT IF HE REALLY WANTS TO GO UP AND THIS IS IS NOT GONNA HAPPEN, THEN THAT, THAT WOULD PROBABLY BE OUR SOLUTION. BUT ALL OF THESE ISSUES THAT PEOPLE ARE TALKING ABOUT, THEY'LL STILL BE THERE. THEY'LL JUST BE A COUPLE FEET OVER TOWARDS THIS HOUSE. SO MY LAST QUESTION WILL BE, IF YOU HAD A LITTLE BIT MORE TIME, DO YOU THINK THAT YOU COULD AND WOULD BE WILLING TO ENGAGE THE NEIGHBORS TO MAYBE SEE THAT, SHOW THEM YOUR PERSPECTIVE ON WHY THAT YOUR APPLICATIONS ARE IN THE BEST INTEREST OF BOTH THE NEIGHBORS AND YOUR CLIENT? DO YOU THINK THAT IF YOU HAD MORE TIME, YOU MAY HAVE SOME OF THOSE UH, LETTERS OF OBJECTION, MAYBE TURN AROUND IN YOUR FAVOR? YES, WE WOULD GO OUT AND TALK TO THESE PEOPLE. I WOULD PROBABLY ALSO ASSIST WITH THAT, WHICH I USUALLY DO. HOWEVER, I WASN'T AWARE OF ALL THESE LETTERS UNTIL LAST WEEK, WHICH I DON'T KNOW IF THAT'S ON ME OR WHATEVER, BUT WE JUST, WE DIDN'T KNOW. WE THOUGHT EVERYTHING WAS FINE. SO THEN WHAT IS YOUR, WHAT IS YOUR PREFERENCE TODAY TO HAVE US MAKE A DECISION ON THIS CASE OR POTENTIALLY HOLD IT OVER FOR YOU TO ENGAGE YOUR NEIGHBORS A LITTLE BIT FURTHER? WHEN WOULD WE BE ABLE TO RETURN? UH, PRESUMABLY AS SOON AS DECEMBER 17TH, BUT THERE'S NO COMMITMENT. I WOULD PREFER TO COME BACK DECEMBER 17TH BECAUSE I THINK WE CAN, WE CAN HELP THESE PEOPLE UNDERSTAND THE PROJECT A LITTLE BETTER AND POTENTIALLY CLEAR UP WITH STAFF, UM, WHAT DATA NEEDS TO BE PRESENTED TO THEM. AND IF, AND IF I'M INTERPRETING IT WRONG, THAT AT LEAST WE CAN EXPLAIN TO THE NEIGHBORS THAT WE'RE NOT BUILDING A TOWEL BACK THERE. YEAH, JUST ONE CLARIFICATION, I WE CANNOT COMMIT TO WHEN THEY'LL COME BACK BECAUSE THERE'S NOTIFICATION DEADLINES AND IT SOUNDS LIKE YOU MIGHT ALREADY BE PAST THE DEADLINE, BUT WE CAN HOLD IT OVER. YEAH, WE JUST CAN'T DO IT AT THE NO, NO, NO. ALRIGHT. MAKES TOTAL SENSE. YEAH, I APOLOGIZE IF YOU JUST SPEAK WITH THE HOMEOWNERS TOTAL DONE. OH NO, I, I JUST MADE SURE I, I WAS, UH, REPRESENTING HIM PROPERLY. OKAY. I GOT THE THUMBS UP, BUT WE DID, WE DID EMAIL ON THAT, JUST SO Y'ALL KNOW. UM, AND THEY TOLD US TO COME HERE ANYWAYS THAT WE'D HAVE TO PRESENT IT, BUT I GUESS I FIGURED WHILE WE'RE HERE, WE MIGHT AS WELL. SORRY, AIR IT OUT. YOU EMAILED AND HAD A REQUEST TO HOLD IT OVER. WE ASKED IF [01:35:01] THAT WILL, HOW THAT PROCESS WORKED. I SEE. AND THEN WE SAID WE'LL JUST COME TO THE MEETING. 'CAUSE WE HAD TO COME ANYWAYS, PASS IT. THE, THE REQUEST CAME AFTER WE HAD NOTICED. SO THE ONLY WAY TO DO THAT WAS FOR THE COME HERE AND ASK FOR IT. AND SO THAT IS YOUR POSITION RIGHT NOW? YES. TWO, TWO QUESTIONS. ONE FOR THE WITNESS AND THEN ONE FOR STAFF. OKAY. GO FOR IT. UM, PROCEDURALLY IF WE WANTED TO MOVE TO HOLD OVER, WHAT DOES THAT LOOK LIKE? I THINK WE'LL TAKE A VOTE. AND WHAT IS THE, THE SAME 75% OR 70? UH, CAN YOU CLARIFY YOUR QUESTION? WELL, BECAUSE WE HAVE FIVE MEMBERS, IS IT A SIMPLE MAJORITY OR A SIMPLE MAJORITY TO HOLD OVER AND TO DENY UNDERSTOOD CASES, BUT TO VOTE IN FAVOR OF AN APPLICANT? IT WILL TAKE, UM, A CONCURRING 75% OF MEMBERS OF THE BOARD. THANK YOU. AND WE ARE LOOKING AT DATES RIGHT NOW. IF YOU ARE TO HOLD OVER, HE WOULD HAVE, IF HE HAD NEW DOCUMENTS, I'LL LET MS. DR. MILLER HOKI. SO DUE TO THE HOLIDAY, IF YOU GUYS ARE GONNA MAKE ANY CHANGES TO THE PLANS WHATSOEVER, UM, THOSE REVISIONS WILL NEED TO BE IN BY MONDAY, DECEMBER 1ST. WE CAN DO THAT. CAN I GO BACK TO MY QUESTION BY SUBSTANTIVE QUESTION? BUT YEAH, GO PLEASE. SO THIS IS A QUESTION ON THE HEIGHT. OKAY. UM, AGAIN, THERE'S SOME NEIGHBORS THAT WERE COMPLAINING ABOUT THAT. I THINK YOU EXPLAINED IT WELL BECAUSE OF THE SLOPE OF THE PROPERTY. CAN YOU JUST MAYBE EXPLAIN FROM MY SIMPLE MIND, IF HE WERE TO ALTERNATIVELY BUILD THE SECOND FLOOR ON TOP OF THE HOUSE, WHICH YOU CAN BY RIGHT. HOW HIGH WOULD THAT BE COMPARED TO WHAT HE'S TRYING TO DO? LOOKING AT IT FROM THE RESPECTIVE OF THE FRONT OF THE HOUSE, RIGHT? BECAUSE IT SEEMS LIKE THEY DON'T WANT TO HAVE A TOWER IN THE BACKYARD, RIGHT? SO CAN YOU KIND OF GIMME SOME MORE DETAIL ON THAT? WELL, IF IT WAS TWO STORIES, UM, IT WOULD BE RIGHT UP ON THE HOUSE. UM, 2122 FEET AS WELL. SO WHAT YOU WOULD HAVE IS IT WOULD BE A LOT MORE VISIBLE FROM THE STREET FOR THE FRONT NEIGHBORS. SO MAYBE IT'S A LITTLE BIT FURTHER OFF THE BACK NEIGHBOR'S HOUSE, BUT IT WOULD LOOK VERY SIMILAR TO THAT SLIDE THAT, THAT HE SHOWED YOU. UH, WHICH IS KIND OF THE SAME ALL OF THE, THE OPPOSITIONS WERE, UM, YOU KNOW, I THINK THEY WOULD, THEY WOULD BE SIMILAR. UM, YOU KNOW, YOU MIGHT GET SOME PEOPLE IN THE FRONT FEELING DIFFERENTLY ABOUT IT, BUT UNFORTUNATELY THEY'RE NOT LIKE, LIKE YOU GUYS SAID, YOU CAN DO THAT BY RIDE AND TO, SORRY, ONE LAST QUESTION. UH, I'VE NEVER ASKED TO BUILD ONE OF THESE THINGS. I'VE NEVER BEEN A PART OF ANY OF THESE BILLS, SO I DON'T KNOW. THIS IS JUST FOR MY INFORMATION AND YOU DON'T HAVE TO GIMME CON CONCRETE NUMBERS. I DON'T WANT ANYTHING THAT'S PRIVILEGED PERCENTAGE WISE. WHAT WOULD BE THE DIFFERENCE IN COST FOR YOUR CLIENT IF UH, HE HAD TO ATTACH THE HOME? PROBABLY 30, 35% INCREASE. OKAY. WOULD BE, YOU KNOW, AS THE, THE CONTRACTOR, UM, WE, WE HAVE TO PROTECT OURSELF FROM WHATEVER'S BEHIND THOSE WALLS. AND WE ALREADY KNOW THAT THE PREVIOUS HOMEOWNER DID DO UNPERMITTED WORK. SO LIKE, I MEAN, YEAH. 70, 80,000 MAYBE. LAST QUESTION, MS. LAMB? YES. UM, IF THIS CASE IS HELD OVER, IT'LL GIVE YOU TIME TO WORK WITH THE NEIGHBORS. UM, ONE OF THE COMPLAINTS I'M HEARING FROM THE NEIGHBORS IS THAT WINDOW PLACEMENT, UM, YOU MAY WANNA JUST ENSURE THAT MAYBE WINDOW PLACEMENT IS, IT IS NOT CONTRARY TO PUBLIC INTEREST BECAUSE IF THIS IS APPROVED, IF IT COMES BACK, IT'S HELD OVER, IT CAN BE APPROVED BASED ON ELEVATION, WHICH WOULD ESSENTIALLY JUST WOULD REQUIRE YOU TO PLACE THE WINDOWS WHERE THEY ARE BASED ON THE SITE PLAN YOU SUBMIT. SO THAT MIGHT BE A TOOL THAT YOU MAY CONSIDER USING IN ORDER TO KIND OF TURN AROUND SOME OF THE UNSAVORY LACK OR LACK OF SUPPORT YOU HAVE ON THIS PROJECT. YEAH, WE WOULD JUST GO TO THE NEIGHBORS THAT MAYBE DIDN'T, I MEAN THOSE PLANS ARE KIND OF HARD TO LOOK AT. I DO 'EM ALL THE TIME AND I STILL GET CONFUSED, BUT WE WOULD GO TO THE NEIGHBORS WHO HAVE WINDOWS FACING 'EM AND JUST SAY, HEY, THIS IS OUR PLAN, DO YOU HAVE AN ISSUE WITH IT? AND IF THEY DO, WE WOULD UM, WE WOULD EITHER FROST THE WINDOW, REMOVE THE WINDOW, OR WE WOULD PUT LIKE A TRANSOM WINDOW UP TOP THAT'S, YOU KNOW, WE, WE WOULD WORK WITH THEM ON THAT. BUT, UM, I THINK IT'S ONLY TWO OF THE NEIGHBORS THAT WE'D HAVE TO DEAL WITH AND ONE OF THEM DOESN'T HAVE A WINDOW FACING. SO I THINK WE WOULD JUST HAVE ONE CONVERSATION THAT WE NEED TO HAVE. DR. MILLER HOKI. I WANTED TO CLARIFY THAT REVISIONS WOULD NEED TO BE SUBMITTED TO STAFF BY NOVEMBER 26TH. NOTICES GO AFTER BELIEVE DECEMBER 1ST. SO WE'LL NEED TIME TO REVIEW THOSE PLANS. AND IF THE BOARD GRANTS TO HOLD IT OVER, [01:40:01] UM, THAT MEANS YOU GUYS WILL HAVE TO APPEAR IN DECEMBER. SO WE'LL NEED THOSE REVISIONS ASAP SO THAT STAFF HAVE ADEQUATE TIME TO REVIEW ANY REVISIONS THAT YOU GUYS HAD. SO YOU WOULD NEED THE REVISIONS BY THE 26TH IN ORDER TO, UM, APPEAR DECEMBER, RIGHT? IS THAT WHAT YOU'RE SAYING? CORRECT. WELL IF THE BOARD GRANTS TO HOLD IT OVER AND GIVE YOU THE DATE OF THE DECEMBER HEARING, THEN YOU HAVE TO APPEAR ON THAT DATE. UM, BUT AGAIN, WHAT'S TODAY? 19TH? SO WE HAVE A WEEK. YES. YOU NEED TO BE DONE ALL WEEK. UM, YEAH, I THINK WE CAN MAKE THAT WORK. OKAY. BECAUSE THE ONLY THING WE WOULD REVISE IS WINDOWS AND, AND AND THERE'S A WORLD WHERE WE JUST REMOVE THEM. OKAY. I'LL TALK TO THE HOMEOWNERS. YEAH, HE WANTS TO DO IT. MR. QUINN, I HAVE A QUESTION. MS. CAR, UM, WE'LL LET, WOULD THIS COME BACK TO THIS PANEL? YES. AND ANY OTHER PROJECT ON THIS ADDRESS WOULD COME BACK TO THIS PANEL FOR THE NEXT FIVE YEARS. SO IT'S NOT LIKE EVEN FORM SHOP IT, IT COMES BACK TO THE SAME PANEL. OKAY. UM, ONE OF POINT, UM, THIS IS SOMEWHAT OF AN UNUSUAL CIRCUMSTANCE, BUT I NEED TO DECLARE, UM, I HAPPEN TO KNOW PEOPLE ON BOTH SIDES OF THIS OPPOSITION THAT ARE HERE IN THIS ROOM, UH, BOTH SIDES OF THIS MATTER IN THIS ROOM. SO I'M GONNA NEED TO ACCUSE MYSELF FROM THE VOTE. CONFLICTS OF INTEREST ARE PERSONAL NATURE AND IF YOU FEEL LIKE YOU HAVE ONE WE CAN STEP ASIDE AND TALK ABOUT IT, UM, BEFORE YOU MAKE ANY DECISION. BECAUSE IF YOU DO HAVE A TRUE CONFLICT OF INTEREST, IT'S AT THE TIME, YOU KNOW, UM, AND YOU WOULD HAVE TO RECUSE YOURSELF FROM ANY DISCUSSION. SO IF, IF YOU WOULD HAVE TO REUSE YOURSELF NOW IF THERE IS A TRUE ONE. SO WE CAN STOP OUTSIDE AND, AND HAVE A LITTLE CHAT, UM, TO SEE IF YOU DO. LET'S DO THIS. CAN WE, UH, WE'RE GONNA RECESS FOR 10 MINUTES. SET THAT TIME PLEASE. OKAY, WE'RE GONNA RECESS FOR 10 MINUTES AND WE'LL RECONVENE AT UH, 2 53. THANK YOU VERY MUCH. ALRIGHT, IT'S 2 52 AND BOARD OF ADJUSTMENT PANEL B IS RECONVENING. UM, WHAT I'D LIKE TO DO FIRST IS GO TO MR. QUINT WITH RESPECT TO, UM, HIS ANALYSIS OF THE, UH, POTENTIAL CONFLICT OF INTEREST THAT AS I UNDERSTAND IT, HE'S DETERMINED THERE IS NOT AN ACTUAL CONFLICT OF INTEREST. MR. QUINT, THANK YOU. UM, AFTER HAVING CONVERSATIONS WITH COUNSEL, UM, IT IS, I DETERMINED THAT I DO NOT HAVE A CONFLICT OF INTEREST IN ANY WAY, SHAPE OR FORM. AND I CAN BE OBJECTIVE IN THIS MATTER AND WILL MOVE FORWARD ACCORDINGLY. ALL RIGHT, THANK YOU. AND THEN I THINK MR. THOMPSON WAS GOING TO READ THE DEF, OH HE'S GOT IT ON THE SCREEN, BUT WAS GOING TO WALK US THROUGH THE DEFINITION OF, UH, A KITCHEN. SO THE DWELLING UNIT IS WHAT WE KIND OF ARE DISCUSSING HERE. AND SO LET'S START WITH THE DEFINITION OF A DWELLING UNIT AND THEN WE GO THROUGH THE THREE COMPONENTS REAL QUICK. SO THIS IS FROM, UM, OUR LEGAL CODE. YOU CAN FIND THIS ONLINE. UH, IT'S AVAILABLE FOR EVERYONE. SO DWELLING UNIT DEFINITION NUMBER 34 MEANS ONE OR MORE ROOMS DESIGNED TO BE A SINGLE HOUSEKEEPING UNIT TO ACCOMMODATE ONE FAMILY AND CONTAINING ONE OR MORE KITCHENS, ONE OR MORE BATHROOMS AND ONE OR MORE BEDROOMS. SO WE'RE GOING ALPHABETICAL ORDER HERE. BATHROOMS, BEDROOMS, AND KITCHEN. SO BATHROOM MEANS A ROOM USED FOR PERSONAL HYGIENE AND CONTAINING A SHOWER OR BATHTUB, A TOILET AND A SINK. BEDROOM MEANS ANY ROOM OR AREA IN A DWELLING UNIT. DESIGNED FOR SLEEPING KITCHENS, DINING ROOMS, LIVING ROOMS, BATHROOMS, CLOSET GAME ROOMS, SOME ROOMS AND OTHER SIMILAR ROOMS ARE NOT CONSIDERED BEDROOMS. AND THEN THE LAST COMPONENT OF THIS DEALS WITH THE KITCHEN ASPECT AND THE KITCHEN ASPECT IS WHAT'S IN QUESTION HERE. AND SO A KITCHEN MEANS A ROOM OR AREA USED FOR COOKING OR PREPARING FOOD AND CONTAINING ONE OR MORE OVENS, STOVES OR COOKTOPS COLON, ONE OR MORE REFRIGERATORS, COLON AND ONE OR MORE SINKS. THIS DEFINITION DOES NOT INCLUDE OUTDOOR COOKING FACILITIES. [01:45:03] THANK YOU VERY MUCH. ALRIGHT, SO HERE'S HOW I THINK WE'RE GONNA PROCEED. I DON'T BELIEVE THERE ARE ANY ADDITIONAL QUESTIONS FOR MR. CARR. AND ARE THERE ANY OTHER SPEAKERS IN SUPPORT, UH, REGISTERED TODAY? NO, THE SPEAKERS IN SUPPORT IN THAT CASE. I, MY UNDERSTANDING IS WE HAVE TWO SPEAKERS, UH, PREPARED TO SPEAK TODAY. ONE IN PERSON AND ONE VIRTUALLY IN OPPOSITION, IS THAT CORRECT? THAT IS CORRECT. OKAY. WE, WE HAVE HAD A REQUEST TO HOLD THE CASE OVER AND WE'LL CONSIDER THAT AT THE END, BUT WE ARE GONNA HEAR FROM UM, THE, ANY FOLKS YOU'D LIKE TO SPEAK IN OPPOSITION TODAY. SO WHO IS THE FIRST, WELL LET'S START WITH THE GENTLEMAN WHO'S HERE IN PERSON. MR. JACK COX. HELLO SIR, WOULD YOU PLEASE RAISE YOUR RIGHT HAND AND MS. WILLIAMS IS GONNA SWEAR YOU IN. I'LL, MY NAME IS JACK COX, I RESIDE AT 76 58 EL PENDO DRIVE IN DALLAS, TEXAS. DO YOU SWEAR, YOU SWEAR ME IN TOO. WE DON'T DO THIS IN CPC? YES, I UNDERSTAND. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE, UH, PROCEED. SO GOOD AFTERNOON, MEMBERS OF THE BOARD. UH, AGAIN, MY NAME IS JACK COX AND I APPEAR BEFORE YOU TODAY ON BEHALF OF THE ESTATE OF VIRGINIA LEE HARTMAN. AT THE REQUEST OF MY WIFE NANCY MELINDA HARTMAN COX, WHO SERVES AS THE EXECUTOR OF HER LATE MOTHERS OF STATE, THAT PROPERTY SO YOU KNOW, IS LOCATED AT 69 57, WHICH IS DIAGONALLY ACROSS FROM THE SUBJECT PROPERTY LOCATED AT 69 64. WE RECOGNIZE THAT VARIANCES MAY BE APPROPRIATE IN CASES OF GENUINE HARDSHIP, HOWEVER THE APPLICANT'S REQUEST DOES NOT MEET THAT CRITERIA WHICH IS ESTABLISHED IN THE DEVELOPMENT CODE. AND IF GRANTED, IT WOULD NEGATIVELY AFFECT OUR NEIGHBORHOOD IN SEVERAL WAYS. FIRST OF ALL, NEIGHBORHOOD CHARACTER, THE PROPOSED STRUCTURE, SIZE, AND APPEARANCE WOULD DISRUPT THE ESTABLISHED SCALE AND AESTHETIC OF THE WAKEFIELD STREET SETTING A PRECEDENT FOR FUTURE DEVELOPMENTS THAT ERODE COMMUNITY CARE, PRIVACY, AND PROPERTY VALUES. ITS HEIGHT AND STRUCTURE OR SQUARE FOOTAGE, FORGIVE ME, WOULD DIMINISH PRIVACY, REDUCE RESIDENCE, QUALITY OF LIFE, AND ADVERSELY IMPACT PROPERTY VALUES IN THE IMMEDIATE AREA. LACK OF HARDSHIP. THE APPLICANT HAS NOT DEMONSTRATED A UNIQUE CONDITION THAT JUSTIFIES THE VARIANCES. IN FACT, CITY PLANNING STAFF HAS RECOMMENDED DENIAL OF BOTH THE SIZE AND HEIGHT REQUEST DUE TO THE ABSENCE OF HARDSHIP, INACCURATE SQUARE FOOTAGE. AND I UNDERSTAND THERE'S BEEN A LOT OF DISCUSSION ABOUT THIS. OUR CONTENTION IS THAT THE SQUARE FOOTAGE IS ACTUALLY MISSTATED AT 1,976. YOU HEARD THE APPLICANT ACKNOWLEDGE THE FACT THAT YOU HAVE A GARAGE CONVERSION WHICH WAS NOT PERMITTED. AND IN MY VIEW THAT SHOULD NOT BE INCLUDED IN THE SQUARE FOOTAGE OF 1976. THE CORRECT SQUARE FOOTAGE IS APPROXIMATELY 1476. BASED ON THIS FIGURE, THE PROPOSED ACCESSORY STRUCTURE REPRESENTS 42% ROUGHLY VARIANCE FOR EXCEEDING TO 25% ALLOWED BY CODE EXCESSIVE HEIGHT. REQUESTED VARIANCE WE'RE TOLD BY THE CITY STAFF IS 9.6 FEET AND WE FEEL THAT'S EXCESSIVE. COMBINED WITH THE PROPOSED ROOF DESIGN AND EXTERIOR MATERIALS, THE STRUCTURE WOULD BE VISUALLY INTRUSIVE AND OUT OF CHARACTER WITH THE NEIGHBORHOOD COMMUNITY OPPOSITION. NUMEROUS RESIDENTS WITHIN THE 200 FEET NOTIFICATION AREA HAVE SUBMITTED LETTERS OPPOSING THE VARIANCES, REFLECTING STRONG COMMUNITY CONCERNS. FOR THESE REASONS, WE RESPECTFULLY URGE THE BOARD TO DENY THE APPLICANT'S REQUEST. DOING SO WILL PRESERVE THE INTEGRITY, SAFETY, AND LIVABILITY OF OUR COMMUNITY. THANK YOU FOR YOUR TIME AND CONSIDERATION AND YOUR SERVICE. THANK YOU, SIR. BEFORE YOU LEAVE ANY QUESTIONS FOR THE WITNESS? ALRIGHT, THANK YOU SIR FOR YOUR TESTIMONY. UH, I THINK WE HAVE ONE ADDITIONAL SPEAKER AND OPPOSITION WHO'S ONLINE? IS THAT CORRECT? MR. ALLEN HIXSON, IF YOU CAN PLEASE PROVIDE AUDIO AND VIDEO MR. HIXSON. MR. HI, ONE MORE TIME. [01:50:04] OKAY, WE SEE YOU. CAN YOU PLEASE PROVIDE AUDIO? CAN YOU HEAR ME NOW? YES SIR. THANK YOU. I'M GOING TO SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. OKAY. PLEASE, PLEASE STATE YOUR NAME AND ADDRESS. ALAN HICKSON. 6 9 6 5 FREMONT STREET, DALLAS EXTRA 7 5 2 3 1. PLEASE PROCEED. GOOD, GOOD AFTERNOON. MEMBERS OF THE BOARD, I'M HERE TODAY TO FORMALLY AND STRONGLY OPPOSE THE VARIANCE REQUEST TO 6 9 6 4 WAKEFIELD STREET. THIS IS NOT A SMALL OR ROUTINE VARIANCE REQUEST, IT INVOLVES MAJOR FACTUAL MISREPRESENTATION, UNPERMITTED WORK AND A PROPOSED STRUCTURE THAT WOULD PERMANENTLY ALTER THE PRIVACY FOR MY DWELLING ON A SUBSTANCE OF PROPOSAL. THE APPLICANT'S FILING CONTAINS CRITICAL FACTUAL INACCURACY. IT LISTS AN EXISTING HOME SIZE THAT INCLUDES A GARAGE CONVERSION COMPLETED WITHOUT A PERMIT. SO IT WAS NEVER LEGALLY APPROVED. THAT SPACE WAS THEN USED AS A BASIS FOR THE PERCENTAGE CALCULATIONS TO JUSTIFY THE VARIANCE. SO IT APPEARS TO ME THAT IF THIS WAS ACCEPTED ON THAT PRINCIPLE, IT WOULD LEAVE IT WIDE OPEN FOR PEOPLE TO MAKE UNPERMITTED CONVERSIONS WITHIN THEIR PROPERTY AND THEN USE THAT PERMITTED CONVERSION. THE BASIS FOR EXTENDING PROPERTY, WHICH SOMEHOW DOESN'T SEEM APPROPRIATE, I THINK THERE'D BE, UM, SIGNIFICANT IMPACT ON MY PRIVACY, THE STRUCTURE. SECOND STORY WINDOWS AND BALCONY WOULD LOOK DIRECTLY INTO MY BACKYARD. SO THAT WOULD ELIMINATE PRIVACY AND QUIET ENJOYMENT THAT I'VE HAD FOR 16 YEARS. NOW, GENERALLY THE SEEMS, UM, COMPLETELY OUTTA PROPORTION GROUNDING HOMES. SO IN SUMMARY, THIS REQUEST DOESN'T MEET THE HARDSHIP STANDARD IS BASED ON INACCURATE AND MISLEADING INFORMATION AND WOULD HAVE LASTING NEGATIVE EFFECTS ON NEIGHBORING PROPERTIES AND THE NEIGHBORHOOD'S INTEGRITY. I RESPECTFULLY URGE THAT THE BOARD DENIES THE VARIANCE REQUEST TO SIX NINE FOR WAKELAND STREET UPHOLD BOTH THE ZONING STANDARDS AND THE FAIRNESS OWED TO ALL RESIDENTS WHO FOLLOWED. THANK YOU FOR YOUR TIME GENERATION. THANK YOU MR. THANK YOU MR. HIXSON FOR YOUR TESTIMONY. ARE THERE ANY QUESTIONS FOR MR. HIXSON? ALL RIGHT, HEARING NONE. ARE THERE ANY OTHER SPEAKERS IN OPPOSITION? NO, THE SPEAKERS REGISTER. SIR. UH, YOU KNOW WHAT? I APOLOGIZE. IT LOOKS LIKE MR. QUINT, DID YOU HAVE A QUESTION? JUST REAL QUICK, MR. HICKSON. SO YOU, YOU ARE DIRECTLY BEHIND THE APPLICANT, IS THAT CORRECT? I AM. AND SO THE, THEIR, IF WE WERE LOOKING AT THE, THE VIEW OF THE, THEIR STRUCTURE THERE, BUILDING THE FRONT DOOR OF THIS A DU, THIS NEW BUILDING, THIS NEW STRUCTURE OF THE BUILDING WOULD LOOK THOSE FRONT DOOR AND WINDOWS WOULD LOOK INTO YOUR BACKYARD. IS THAT ACCURATE? THAT'S WHAT I UNDERSTAND AND IT'S NOT JUST A FRONT DOOR. I THINK IT WAS DESCRIBED BY THE APPLICANT AS A PORCH. IT'S A COMPLETE BALCONY THAT OVERLOOKS MY BACKYARD. OKAY, THANK YOU. UH, I, I MEANT TO ADD ONE OTHER THING. HAD TECHNICAL DIFFICULTIES WITH THIS, UM, WEBEX SERVICE, AT LEAST TWO NEIGHBORS WERE NOT UN WERE NOT ABLE TO JOIN. THEY WERE GETTING UNDER CONSTRUCTION ERROR MESSAGES THAT LEAST TWO NEIGHBORS HAVE THEIR PROBLEM TODAY. ALRIGHT, WE APPRECIATE THAT INFORMATION. WE'LL UH, CHECK ON THAT. AND I DO WANNA GIVE ONE LAST OPPORTUNITY FOR ANY ADDITIONAL QUESTIONS TO MR. SSON HICKSON. ALRIGHT, NOW SEEING NONE, THANK YOU MR. HICKSON FOR YOUR VIRTUAL TESTIMONY. UNDER OUR RULES, WE DO GIVE AN OPPORTUNITY TO THE APPLICANT FOR REBUTTAL IF ANYONE WOULD LIKE TO SPEAK. IT LOOKS LIKE WE'VE GOT A YES FROM MR. CARR. UM, IF YOU'D LIKE TO MAKE SOME POINTS IN REBUTTAL, PLEASE DO. YEAH, I'LL, I'LL TRY TO BE SHORT WITH THIS, BUT, UM, I I THINK THAT THERE'S STILL SOME CONFUSION ON THE FLOOR PLAN BECAUSE I'M LOOKING AT 69 65, UH, FREMONT. THERE IS NO WINDOW ON THAT SIDE OF THE PROPERTY FACING MR. [01:55:01] HICKSON'S HOUSE. THE HOUSE FACES THE OPPOSITE DIRECTION. UM, SO I KIND OF, I THINK IT GOES BACK TO THE FACT THAT THERE'S JUST A LOT OF CONFUSION SURROUNDING THIS AND WHAT THE ALTERNATIVES ARE AND UM, THOUGH SOME PEOPLE MAY HAVE ALREADY MADE UP THEIR MINDS ON THIS, WE'D AT LEAST LIKE THE OPPORTUNITY OVER THE NEXT COUPLE WEEKS TO LIKE, AS YOU GUYS CAN SEE, YOU KNOW, YOU'RE ON THE BOARD AND THERE'S, THERE'S CONFUSION BETWEEN US. I THINK THE NEIGHBORS TOO ARE REALLY CONFUSED. BUT I MEAN YOU CAN, IF YOU WANT, WHY DON'T YOU JUST PULL UP OUR, CAN YOU PULL UP THE POWERPOINT? I CAN SHOW YOU WHAT I'M TALKING ABOUT BECAUSE YOU CAN SEE THAT THE WINDOWS DO NOT FACE THE ALLEY, THE FRONT WINDOWS FACE A A TOTALLY DIFFERENT DIRECTION. I I DON'T THINK THE WINDOWS IS THE ONLY REASON THIS . WELL, I MEAN WE DON'T, WE WOULDN'T BUILD SOMETHING WHERE WE'RE JUST LIKE LOOKING RIGHT AT HIS AS YARD, BUT THAT'S A, A MAJOR PROPONENT OF IT. UM, SO I JUST WANNA POINT THAT OUT THAT I THINK THERE'S A LOT OF, AND WE ALSO BROUGHT UP THE UNPERMITTED WORK, WHICH AGAIN, MR. MUDGET DIDN'T DO THAT, THAT WORK. SO I DON'T THINK HE'S BEING REWARDED FOR SOMEONE DOING THAT. THAT'S IT. I JUST WANNA POINT OUT THAT THERE IS NO WINDOW FACING THAT HOUSE. ALRIGHT, THANK YOU VERY MUCH. ARE THERE ANY OTHER SPEAKERS ON THIS MATTER? NO, THE SPEAKERS SIR. ALRIGHT, WITH THAT THEN, AND WHAT'S PENDING BEFORE US ARE TWO SEPARATE VARIANCE REQUESTS FROM THE APPLICANT RYAN HOUSTON. AND WE'LL TAKE UP THE FIRST ONE FIRST, WHICH IS A VARIANCE TO THE FLOOR AREA FOR STRUCTURE ACCESSORY TO SINGLE FAMILY USE REGULATIONS. AND IT LOOKS LIKE MS. LAMB HAS A MOTION, AS I UNDERSTAND THE APPLICANT'S POSITION. THEY WOULD LIKE US TO HOLD THE CASE OVER, UM, AND HEAR IT AT A, AT A LATER HEARING. AND, UH, MS. LAMB, DO YOU HAVE A MOTION? UM, YES. I MOVE TO THE BOARD OF ADJUSTMENT AND THE APPEAL NUMBER BO OA DASH 2 5 0 0 5 5 HOLD THIS MATTER UNDER ADVISEMENT UNTIL DECEMBER 17TH. SECOND, SECOND CAMPBELL. ALL RIGHT, A ANY DISCUSSION AND WE'LL START WITH MS. LAMB. I DO THINK THAT REGARDLESS OF THE OUTCOME, UM, AND HOW THIS IS VOTED, I I I HOPE THAT WE CAN ACTUALLY HOLD IT OVER. 'CAUSE EVEN IF THIS IS NOT, REGARDLESS OF WHAT HAPPENS AT THE NEXT HEARING, I DO THINK THAT IT WILL BENEFIT THE ENTIRE NEIGHBORHOOD TO ALLOW THIS APPLICANT TO GO AND ENGAGE THE NEIGHBORS TO HOPEFULLY, HOPEFULLY, UH, HAVE SOME CONSENSUS OVER WHAT THE PLANS ARE. AND EVEN IF NOT CONSENSUS AT LEAST HAVE, UH, A CIVIL DISCUSSION AND DISCOURSE ABOUT WHAT THE INTENT IS HERE. UM, THERE'S GONNA BE A STEEP DECLINE, UM, AS THERE'S, YOU KNOW, STAFF RECOMMENDS DENIAL. UM, AND THERE'S, YOU KNOW, THE STANDARDS ARE WHAT THEY ARE. UM, SO HOPEFULLY THE APPLICANT CAN WORK ON THAT. UM, I ALSO WOULD ENCOURAGE THE APPLICANT TO SERIOUSLY LOOK AT CONSIDER FILING AN APPLICATION FOR AN A DU AS I'M NOT ENTIRELY CONVINCED THAT'S NOT THE INTENDED PURPOSE OF WHAT IS BEING CONSTRUCTED HERE. UM, SO THOSE ARE MY RECOMMENDATIONS. I ALSO THINK THAT BY HOLDING THIS OVER TO ALLOW THOSE TWO NEIGHBORS THAT WERE SPEAKING IN OPPOSITION TO BE ABLE TO DIAL IN OR COME IN PERSON AND ALSO SPEAK. BUT ALSO IF YOU'RE NOT HERE ON DECEMBER 17TH, ASSUMING THIS PASSES, WE WILL TAKE IN CONSIDERATION EVERY LETTER AND EVERY EVERYBODY THAT CAME TO SPEAK TODAY, UM, WHEN, UH, WHEN TAKING CONSIDERATION, ANY, ANY RULING FOR NEXT HEARING. DOES ANYONE HAVE ADDITIONAL COMMENTS ON MS. LAMB'S MOTION TO HOLD IT OVER? YES, MR. CAMPBELL. I THINK AS A ENT OF DUE PROCESS AND FAIRNESS AS A JUDICIAL BOARD, WHENEVER SOMEONE COMES BEFORE US AND SAYS THAT SOMETHING MAYBE WAS NOT FAIR OR CLEAR, WE SHOULD TAKE THAT SERIOUSLY. AND BECAUSE THERE WAS POSSIBLY SOME CONFUSION BASED ON THE NOTICE AND BECAUSE WE HAD DIDN'T HAVE EVERYONE HERE THAT WAS ABLE TO ATTEND AND ALSO BECAUSE OF THE TESTIMONY PROVIDED BY MR. CARR, HE WASN'T AWARE OF THE VOLUME OF THE LETTERS THAT WERE IN IN OPPOSITION. I DO THINK IT'S FAIR TO GIVE THEM AN OPPORTUNITY TO COMMUNICATE WITH THE NEIGHBORS AND THE SURROUNDING COMMUNITY BEFORE WE MAKE A DECISION. THAT'S WHY I SUPPORT THIS MOTION. ANY ADDITIONAL COMMENTS ON THE MOTION? RIGHT IN THAT CASE I WOULD JUST ADD, YOU KNOW, A LOT OF OUR DISCUSSION TODAY HAS BEEN FOCUSED ON WHETHER THE NOTICE WAS CLEAR WHETHER THE NEIGHBORS ARE CONFUSED, BUT AT THE END OF THE DAY, YOU KNOW, CITY STAFF RECOMMENDED DENIAL NOT ON THE BASIS OF THE FIRST PRONG ABOUT IT BEING CONTRARY TO PUBLIC INTEREST. IN FACT, THEY ASSUMED THAT ONE IN YOUR FAVOR BECAUSE I THINK THEY MADE THAT RECOMMENDATION BEFORE WE GOT ALL THE LETTERS IN OPPOSITION. SO CITY STAFF'S RECOMMENDATION TO DENY HINGED ON THE SECOND PART OF THE TEST, WHICH IS THEY DETERMINED THE SUBJECT SITE IS NOT RESTRICTIVE IN AREA SHAPE OR SLOPE. SO THE ONLY THING I WANT TO RAISE WITH RESPECT TO POSTPONING THE CASE IS CITY STAFF'S RECOMMENDATION HINGED ON SOMETHING DIFFERENT THAN WHAT WE'RE TALKING ABOUT. I THINK IT'S CRITICALLY IMPORTANT TO ENGAGE THE NEIGHBORS. I REALLY DO THINK THAT'S IMPORTANT, BUT I HOPE YOU'LL MAKE SURE TO CONSIDER [02:00:01] THE REASON THAT CITY STAFF DENIED IT WHEN YOU'RE PREPARING FOR THE NEXT HEARING. AND THOSE ARE, BUT WITH ALL THAT BEING SAID, I SUPPORT MS. LAMB'S MOTION. SO WITH THAT, IF THERE ARE NO OTHER COMMENTS, WE'LL PROCEED TO A ROLL CALL, VOTE ON MS. LAMB'S MOTION TO, UH, HOLD THIS CASE OVER UNTIL DECEMBER 17TH OR AN APPROPRIATE TIME. MS. LAN AYE MR. QUINN AYE. MR. DORN AYE. MR. CAMPBELL AYE MR. GRAHAM AYE MOTION TO HOLD OVER UNTIL DECEMBER 17 PASSES? FIVE ZERO. ALRIGHT, THAT CONCLUDES THE LAST CASE ON OUR DOCKET TODAY. UNLESS THERE ARE ANY OTHER ISSUES FROM THE BOARD, HEARING NONE, WE ARE ADJOURNED AT 3:11 PM 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.