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YOU ALL.UH, GOOD AFTERNOON AND WELCOME TO THE BOARD
[Board of Adjustments: Panel C on December 15, 2025.]
OF ADJUSTMENT.I AM JARED SLATE, AND I'M HONORED TO SERVE AS THE TEMPORARY PROVIDING OFFICER FOR THE FULL BOARD OF ADJUSTMENT OF ITS PANEL SEAT.
TODAY IS MONDAY, DECEMBER 15TH, 2025 WITH THE TIME OF 1:02 PM AND I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL STATE OF ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.
A QUORUM OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
AGAIN, I'M YOUR TEMPORARY PRESIDING OFFICER, GARRETT SLATE TO MY LEFT IS LINDA GARNER.
HIS LEFT IS SHERRY GAMBA WHO JOINED US, AN ALTERNATE TODAY.
AND, UH, ON SCREEN IS ROGER SASH.
UM, STAFF PRESENT INCLUDES THERESA CARLA, BOARD ATTORNEY, ASSISTANT CITY ATTORNEY TO MY RIGHT, DR.
KAKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER TO HER WRIGHT AND HER WRIGHT, MARY WILLIAMS, BOARD SECRETARY, AND MEETING
BEFORE WE GET BEGIN, I HAVE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT, THE WAY THE HEARING WILL BE CONDUCTED.
UH, MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL TO GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER CITY COUNCIL APPROVED RULES PROCEDURE, WHICH ARE POSTED TO OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE, NO ACTION OR DECISION OF ANY PANEL ON A CASE THAT'S PRECEDENT.
EACH CASE YOU DECIDE UPON ITS OWN MERITS AND CIRCUMSTANCES THE APPLICANT HAD REFERRED TO PROVE, TO ESTABLISH SOME NECESSARY FACTS TO WARRANT FAVORABLE ACTION BY THE BOARD.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE.
AND THIS POSTED AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED IN BOARD SECRETARY, WHEN YOUR CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE PART OF THE PUBLIC RECORD FOR EACH CASE APPROVAL OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL AND FAILING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OF THE MOTION REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE BOARD'S ACT TODAY WILL BE MAILED TO EACH APPLICANT BY THE BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
FINALLY, ANYONE DESIRING TO SPEAK TODAY MUCH REGISTER IN ADVANCE TO OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON OUR AGENDA WITH A MAXIMUM THREE MINUTES.
SPEAKER MAY ALSO SPEAK WHEN CALLED ON CASE, UH, WHETHER A SPECIFIC CASE IS CALLED FOR A PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED PRESENTING OFFICER AND MAY MODIFY SPEAKING TIMES IF NECESSARY TO MEET.
UM, SO THE FIRST THING I'LL ASK FOR IS THAT THE, UH, APPROVE THE AS REVISED MINUTES THAT WERE DISCUSSED DURING THE BRIEF.
I MAKE A MOTION TO APPROVE THE MINUTES.
UH, SECOND, SECOND, GARNER GARNER.
SECOND, UH, BY VOICE VOTE, ALTHOUGH THEY APPROV THE MEETING MINUTES FOR THE LAST A AYE.
OPPOSED AYE, UH, HEARING NO OPPOSITION.
UH, THE MINUTES FROM OUR LAST MEETING ARE APPROVED AS REVISED TO CORRECT THAT MOTIONS.
UM, WITH THAT, UH, WE HAVE TWO CASES THAT ARE CURRENTLY ON THE TESTING DOCKET.
UH, AND THEN THREE REGULAR BASIS WE'LL BE TAKING THAT THE ORDER THAT THEY PRESENTED IN THE DOCKET, REGARDLESS OF WHICH ROUTE WOULD KIND OF FOLLOW.
UM, DO I HAVE A MOTION AS THE DOCK, MR. CHAIR? I HAVE A MOTION PLEASE.
MS. MO, UH, MOTION THAT THE, THAT WE MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION THAT THE PROPERTY AND ALL RELEVANT EVIDENCE THAT ALL APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT.
BOA 25 DASH 0 0 7 4 APPLICATION OF CHELSEA THURMAN FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS ALONG CHELSEA BAY, HIGGINS STREET AND MALCOLM X BOULEVARD CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
BOA DASH 25 0 0 0 8 0 APPLICATION OF CHRISTIAN CLARK FOR VARIANCE TO THE FRONT YARD SETBACK REGULATIONS SPECIAL EXCEPTION TO THE VI VISIBILITY OBSTRUCTION REGULATION,
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AND FOR VARIANCE TO THE OFF STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.COMPLIANCE WITH THE MOST RECENT VERSIONS OF ALL SUBMITTED PLANS ARE REQUIRED.
UM, ASSUMING THERE'S NO DISCUSSION, WE HAD SECRETARY BOARD, WOULD YOU PLEASE CALL THE VOTE? MS. GARDNER? AYE.
MOTION TO GRANT PASSES? FIVE TO ZERO.
WITH THAT WE'LL MOVE TO THE DOCKETS THAT ARE ON THE, UM, INDIVIDUAL ITEM LISTS.
UH, I RECOGNIZE THERE MAY BE SPEAKER BOOKING FOUR AND AGAINST THE RESPECTIVE PROPOSALS.
UM, HOW IT WILL WORK IS THAT WE'LL HAVE THE APPLICANT GO FIRST CLOCK, UH, AND THEN FOLKS, UH, IN OPPOSITION WILL ALSO HAVE, UH, SPEED.
UH, I WILL REMIND FOLKS THAT WHEN THEY APPROACH THE LECTERN ONE, MAKE SURE IT'S ON.
AND TWO, YOU ARE GOING TO BE SWORN IN BY SHARON NAME AND ADDRESS.
SO BUSINESS ADDRESS, YOU WANNA USE THAT? YES.
UM, SO THE FIRST CASE WE'LL BE CALLING ON OUR INDIVIDUAL DOCKET, UM, IS BOA 2 5 0 0 0 0 6 9 REGARDING 1 0 3 1 5 OAKWOOD DRIVE.
UM, IS THERE ANYONE SPEAKING ON BEHALF OF THAT? MR. JOSE MARTINEZ, PLEASE COME FORWARD PLEASE.
JUST PRESS THE, JUST PRESS THE BUTTON.
CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? UE MARTINEZ.
ADDRESS, 1 0 1 36 OAKWOOD DRIVE, DALLAS, TEXAS 7 5 2 1 7.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
NO, I WAS HERE IN CASE THERE WAS AN OPPOSITION, UH, A PERSON OF OPPOSITION.
I'M ACTUALLY THE, THE APPLICANT FOR, UH, THIS REQUEST.
UH, SO I DON'T KNOW IF YOU GUYS HAVE ANY QUESTIONS FOR ME.
UM, HAVE YOU HAD THE OPPORTUNITY TO REVIEW ANY OF THE LETTERS AND OPPOSITION? I HAVE NOT.
I, UM, THERE WOULD YOU LIKE AN OPPORTUNITY TO TRY TO SURE.
UH, MR. MARTINEZ, WOULD YOU MIND IF WE BRIEFLY CABLED YOUR FACE TO GIVE YOU A CHANCE TO KIND OF LOOK OVER SO THAT WE CAN BE MORE EFFICIENT, WE CAN MOVE TO THE NEXT CASE AND THEN COME RIGHT BACK TO IT? OKAY.
UM, IN LIGHT OF TABLING THE CASE ENDING IN 69, LET'S MOVE TO THE NEXT ITEM ON OUR, UH, INDIVIDUAL CASES, WHICH IS BOA 2 5 0 0 0 0 7 5.
UH, AT 3 2 1 9 KNOT STREET ON APPLICATION.
MR. VINCENT, UM, MS. SECRETARY, WOULD YOU MIND PLEASE STATE YOUR NAME AND ADDRESS, SIR? UM, JONATHAN VINCENT, 2323 ROSS AVENUE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE COURT OF ADJUSTMENT? I DO.
AND, UH, MR. CHAIR, I HAVE, UH, FIVE MINUTES, IS THAT CORRECT? YES.
BUT SINCE I DON'T UNDERSTAND THERE TO BE ANY OPPOSITION, IF YOU NEED TO GO A LITTLE BIT OVER, WE'LL INDULGE YOU.
I THOUGHT THE, SO, UH, THANK YOU VERY MUCH MR. CHAIR, MEMBERS OF THE BOARD, UH, PANEL C JONATHAN VINCENT HERE TODAY REPRESENTING FOUR RIVERS CAPITAL AND I HAVE WITH ME, UH, MR. JUSTIN SCHOFF AND MR. ROBERT CLARK.
THEY'RE MANAGERS AND PRINCIPALS WITH FOUR RIVERS.
YOU PROBABLY HAVE SEEN THIS DEVELOPMENT.
UM, IT WAS CONSTRUCTED IN 2020 BASED ON A PD SUBDISTRICT APPROVED BY
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COUNSEL IN 2018.UM, IT'S A, YOU KNOW, TOP QUALITY CLASS AA DEVELOPMENT, UH, SOMETIMES KNOWN AS WEIRS PLAZA 30 32 19 KNOX, UH, CORNER OF KNOX AND TRAVIS.
UH, PROBABLY REMEMBER THE HIGHLAND PARK PHARMACY.
IT'S PART OF THIS, UH, FIRST CLASS DEVELOPMENT.
SO WHY ARE WE HERE? AND I'LL, I'LL TRY TO DO SORT OF A SUMMARY OF THIS.
I MEAN, UM, THE, THE CORRESPONDENCE THAT I SENT TO THE STAFF FOR YOUR PACKET HAS ALL THESE DETAILS IN IT.
BUT BASICALLY, UM, SORT OF THE NUTSHELL VERSION, UM, IS THAT WHEN THE DEVELOPMENT WAS APPROVED BY COUNSEL, UM, THE INTENT WAS TO KEEP A, I'LL JUST DESCRIBE IT AS A LONG TIME, UH, LIKE A HUNDRED YEARS LOCAL, WELL-KNOWN FURNITURE BUSINESS IN PLACE IN THE KNOX AREA.
AND, UM, YOU KNOW, IF YOU'VE BEEN AROUND DALLAS A LONG TIME, LIKE I HAVE, YOU KNOW, THAT THE KNOX AREA HAS CHANGED RADICALLY OVER THE YEARS.
UH, AND IT'S NOW, YOU KNOW, AN, AN AREA WITH, UM, MORE DENSITY, MORE MIXED USE.
UM, I, I WOULD SAY, YOU KNOW, ONE OF THE PREMIER MIXED USE PEDESTRIAN FRIENDLY AREAS IN DALLAS, BUT THE INTENT WAS TO RETAIN THIS LONGTIME FURNITURE STORES THERE.
AND SO PART OF THE PD WAS THAT, UM, PD SUBDISTRICT WAS THAT THERE WAS 28,000 SQUARE FEET OF SPACE SET ASIDE FOR THE FURNITURE STORE USE.
AND IT WAS PARKED FOR A FURNITURE STORE AND PD 1 93 FURNITURE STORE AS STAFF SEVEN BRIEFING PARKS AT ONE TO FIVE 50.
UM, YOU KNOW, SO THAT'S NOT A, NOT A MUCH OF A PARKING REQUIREMENT.
WELL, YOU KNOW, THINGS HAVE CHANGED.
THE MARKET HAS CHANGED THE FURNITURE STORE USE MAY AT SOME POINT IN THE FUTURE.
WE DON'T KNOW EXACTLY WHEN, BUT, UM, GIVEN THE WAY THAT DISTRICT HAS DEVELOPED, THERE'S PROBABLY A HIGHER AND BETTER USE FOR THAT SPACE.
UM, NAMELY ADDITIONAL RETAIL AND RESTAURANT.
AND OF COURSE THE PARKING REQUIREMENT FOR THOSE USES IS MUCH HIGHER.
UM, AND YOU CAN SEE THE, THE NUMBERS THERE.
UM, YOU KNOW, WE, WE HAVE A SUPPLY OF 790 SPACES AFTER THE PD 1 93 MIXED USE PARKING REDUCTION TO FULLY PARK THAT MIX OF RESTAURANT AND RETAIL.
SO WE'RE HERE TO ASK FOR A REDUCTION IN THE PARKING DEPARTMENT OF EIGHT SPACES.
THAT I'LL GO THROUGH THIS QUICKLY.
YOU'LL PROBABLY KNOW WHAT EXISTS.
THE GREEN HIGHLIGHTING IS THE, THE BUILDING IS BUILT.
YOU'LL SEE TO THE LEFT, THAT'S THE DELL TRAMELL CROW.
UM, MUCH LARGER MIXED USE DEVELOPMENT THAT'S UNDER CONSTRUCTION.
PD 1 93 PD SAID THERE SHOULD ONE FOR NEXT SLIDE.
UH, THAT'S JUST ANOTHER, THAT'S A ZONING MAP WITH THE AERIAL PHOTO WHERE TURNED IT ON.
UH, SO THESE ARE SOME SITE PHOTOS.
YOU SEE THE, THE, UH, ARCHITECTURAL QUALITY DESIGN, AND THAT'S THE HIGHLAND PARK PHARMACY BUILDING RIGHT THERE ON THE CORNER.
UH, LOOKING DOWN THE OTHER DIRECTION, KNOX NEXT PLEASE.
AND THAT'S FROM ACROSS THE STREET.
IT, SO, YOU KNOW, I, I MEAN THIS IS, THIS IS, AGAIN, A FIRST CLASS DEVELOPMENT REALLY ADDS A LOT TO THE AREA AS BUILT SIX LEVELS OF PARKING, WHICH YOU'LL SEE IN A MINUTE.
BUT ALL UNDERGROUND, THAT WAS PART OF THE DEAL.
THAT WAS PART OF WHAT THE COMMUNITY SUPPORTED, THAT'S WHAT COUNCIL SUPPORTED.
UM, AND THAT'S, IT WAS DONE REALLY A GREAT, UH, GREAT EXPENSE.
A LOT OF TROUBLE TO PUT ALL OF THAT.
SIX LEVELS OF PARKING UNDER THE GROUND.
UH, LOOKING DOWN TRAVIS STREET NEXT.
AGAIN, YOU KNOW, WIDE SIDEWALKS, LANDSCAPING, THE TREES ARE GONNA GROW.
YOU KNOW, IT'S A, IT REALLY ADDS A LOT TO THE AREA.
UH, THE WAY THIS WAS BUILT WITH SIX LEVELS OF PARKING UNDERGROUND, THERE IS NO SERVICE SPOT.
AND THAT'S THE GARAGE ENTRANCE.
UH, AND THAT'S THE, YOU KNOW, THE, THE SERVICE ALLEY.
SO THIS WAS A VERY WELL DESIGNED PROJECT.
UH, THAT'S THE APPROVED PDS 1 39 DEVELOPMENT PLAN, PART OF THE ZONING IN 2018.
WE HAVE TO ADHERE TO THAT UNLESS WE WANNA COME BACK AND REOPEN, WHICH WE DON'T, THE BUILDING'S BUILT.
AND THESE, WE CAN GO THROUGH THESE REAL QUICK.
IT'S JUST, THIS IS A FLOOR PLAN OF EACH OF THE SIX LEVELS OF PARKING.
YOU SEE, YOU KNOW, THERE'S ELEVATOR CORES, THERE'S COLUMNS, THERE'S RAMPS, THERE'S ALL KINDS OF STUFF LIKE YOU WOULD NORMALLY HAVE IN A PARKING DEPARTMENT.
AND I HAVE A POINT IN SHOWING YOU THIS, WHICH I'LL GET TO IN A SECOND.
SO, ONE THING, AND IT DID COME UP IN THE BRIEFING, WE CAN'T ASK FOR A PARKING SPECIAL EXCEPTION IN PD 1 93.
THERE'S THIS, TO MY MIND, SOMEWHAT PECULIAR, UH, PROVISION IN THE CODE THAT SAYS THAT IF A PD, AND I'LL SUM, I'LL PARAPHRASE.
IF A PD SETS ITS OWN PARKING RATIOS, YOU HAVE TO ASK FOR VARIANCE.
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CAN'T ASK FOR A SPECIAL EXCEPTION.Y'ALL KNOW, AS WELL AS ANYBODY THAT IS SPECIAL EXCEPTION IS A DIFFERENT STANDARD.
UH, IT'S IN MY MIND AN EASIER STANDARD.
THERE'S A 25% THRESHOLD, WHICH WE WOULD BE WELL ON IF WE COULD ASKED FOR A SPECIAL EXCEPTION, BUT WE CAN'T.
SO THE VARIANCE CRITERIA, YOU KNOW, NOT CONTRARY TO THE PUBLIC INTEREST NECESSARY TO PERMIT DEVELOPMENT BECAUSE OF RESTRICTED AREA SHAPED SLOPE, UM, YOU KNOW, BROADLY DESCRIBED THOSE PHYSICAL PROPERTY HARDSHIP CRITERIA AND NOT A SELF-CREATED OR PERSONAL HARDSHIP.
AND THAT'S THE FIRST PART OF THE VARIANCE CRITERIA.
THERE WAS SOME NEW LANGUAGE ADDED BY THE LEGISLATURE A COUPLE YEARS AGO.
SO HERE'S WHERE WE GET INTO THE SUBSTANCE OF WHY WE THINK WE HAVE A VALID REQUEST UNDER THE CRITERIA.
THE BUILDING'S ALREADY BUILT, IT CAN'T BE EXPANDED IN ANY DIRECTION.
YOU CAN'T, YOU CAN'T GO TO YOUR, INTO THE SETBACKS.
YOU CERTAINLY CAN'T GO ANY LOWER.
SO IF WE WANTED TO ADD 80 SPACES, WHERE WOULD WE ADD THOSE 80 SPACES? IT'S PHYSICALLY IMPOSSIBLE.
UM, ALL OF THE PARKING WAS PLACED AT, AT BELOW GRADE INTENTIONALLY.
UM, IT WAS A BENEFIT TO THE COMMUNITY AND STILL IS.
SO THIS IS A PHYSICAL PROPERTY CONDITION.
UM, EVEN IF WE WERE TO TRY TO IN SOME WILD IDEA OF HOW WOULD YOU DO THAT, IT WOULD BE TERRIBLE FOR THE NEIGHBOR.
YOU KNOW, WE, WE REOPENED THE BUILDING AND PUT IT BACK INTO CONSTRUCTION, UM, WITH BREAK DIFFICULTY AT GREAT EXPENSE.
THAT'S A PROPERTY CONDITION IN MY MIND.
UM, IF WE DON'T GET PARKING RELIEF FOR THIS 28,000 SQUARE FEET OF FURNITURE STORE, MUCH OF THAT SPACE IS PROBABLY GONNA REMAIN VACANT BECAUSE WE'VE BEEN PARKED IT OTHERWISE FOR RETAIL AND RESTAURANT.
IS THAT GOOD FOR THIS? WHAT, IN MY MIND IS ONE OF THE PREMIER EMERGING MIXED USE PEDESTRIAN FRIENDLY DISTRICTS IN BALANCE? NO, IT'S TERRIBLE.
WE DON'T WANT ANY VACANT SPACE THERE AND NOBODY SHOULD WANT.
SO THE PD 1 93 PARKING REQUIREMENTS, WE'VE TALKED ABOUT THAT, UM, INTENT WAS TO RETAIN THIS FURNITURE STORE.
YOU KNOW, THE, THE MARKET HAS CHANGED.
UM, WE HAVE A PARKING DEMAND STUDY, WHICH YOU SHOULD HAVE A PACKET OF, UH, COPY OF.
AND WHAT WE'VE SENT OUT, UM, YOU KNOW, I'LL BE BRIEF ON THIS.
THE PROPERTY IS A HUNDRED PERCENT LEASED, SO IT'S NOT A QUESTION OF HAVING VACANT SPACE.
THEY DID ACTUAL ONSITE STUDIES.
PEAK OFFICE DEMAND IS ABOUT 49% FULL.
SO THE GARAGE IS A LITTLE OVER HALF EMPTY.
THAT PEAK OFFICE DEMAND, IT'S LESS FOR PEAK RETAIL.
SO THERE IS LOTS AND LOTS OF PARKING AVAILABLE.
THAT'S JUST THE TABLE THAT SHOWS THAT.
AND AGAIN, THIS WAS ONSITE OBSERVATION, AND HERE'S THE CONCLUSION IN THE PARKING DEMAND STUDY, UM, THE, THE BOTTOM LINE LITERALLY IS THE FINDINGS OF THE ANALYSIS SHOW THAT CURRENT ONSITE PARKING SUPPLY PROVIDES AN AMPLE SURPLUS OF PARKING SPACES AT ALL TIMES, CAN EASILY ACCOMMODATE THE INCREASE IN PARKING.
SO THE PARKING'S THERE, THERE'S TWICE AS MUCH PARKING.
UH, IT'S INTERESTING, PD 1 93, YOU KNOW, PARKING REFORM, WHICH I THINK IS A GREAT IDEA, FULLY SUPPORTED.
UM, IT DOESN'T APPLY TO PDS, IT ONLY APPLIES TO THE UNDERLYING DEVELOPMENT CODE.
SO PD 1 93, YOU KNOW, WE HAVE NO BENEFIT FROM PARKING THE FORM OTHER THAN AS A POINT OF COMPARISON.
IF WE COULD TAKE ADVANTAGE OF IT, WE, WE WOULDN'T EVEN BE HERE ALL BE DURING SOME OTHER CODES.
UM, SO, YOU KNOW, I I WOULD ASK THAT, YOU KNOW, IT'S A DIFFERENT WORLD.
I MEAN, THE PARKING RATIOS IN THE DALLAS DEVELOPMENT CODE IN MANY CASES DATED BACK IN 1965 OR BEFORE 60 YEARS AGO.
UM, LIKE I SAY, IT'S ABOUT TIME WE HAD MODERNIZED THEIR PARKING REQUIREMENTS, BUT THEY DON'T HELP US HERE.
UM, OAK LAWN COMMITTEE, WE WENT IN FRONT OF THEM ON DECEMBER 2ND, AND THEY GAVE US A, A TERRIFIC LETTER.
I'M HUGELY APPRECIATIVE OF THAT.
IT WAS IN YOUR PACKET, YOU KNOW, SEE IT ON THE SCREEN.
UM, IT SAYS, GIVEN THE BUILT OUT NATURE OF THE PROPERTY, EXPANDING PARKING IS NOT FEASIBLE.
AND THE VARIANCE REFLECTS THE PRACTICAL CONDITIONS OF THE SITE RATHER THAN A DEPARTURE FROM RESPONSIBLE PAIN.
WEIRS PLAZA HAS BEEN A STRONG, RELIABLE COMMUNITY PARTNER.
SO THEY'RE, THEY UNANIMOUSLY VOTED TO SUPPORT THIS.
THEY SAW THE NEED FOR THIS, UH, PARKING REDUCTION, COMPLETELY REASONABLE AND ACTUALLY MAKES SENSE, SUPPORTS THE PUBLIC INTEREST TIMELY.
SO, SO REQUEST FOR APPROVAL, YOU KNOW, WE THINK WE MEET ALL VARIANCE CRITERIA.
UM, THERE WERE A COUPLE OF SLIDES THAT I SENT IN, UH, TO ADDRESS THE PARAGRAPH D VARIANCE CRITERIA IN THE CODE ABOUT, YOU KNOW, THE BOARD MAY TAKE INTO CONSIDERATION
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WHETHER FOA COMPLIANCE IS GREATER THAN 50%.UH, YOU KNOW, WOULD THERE BE A LOSS OF THE LOT? WOULD THE STRUCTURE NOT BE IN COMPLIANCE? AND WHEN, UM, WE HAD THIS DISCUSSION WITH STAFF LATE LAST WEEK, UM, AFTER THE, AFTER THE RECOMMENDATION CHANGED AND WHAT WAS POSTED AND WHAT WAS IN THE FIRST SAT, I WANNA TALK FOR JUST ANOTHER MINUTE ON WHAT IT WOULD TAKE TO ADD PARKING PHYSICALLY TO THIS FOOD.
LIKE I SAY, CAN, CAN WE BUILD UP? I, I DON'T SEE HOW THAT'S POSSIBLE.
WHERE, WHERE WOULD YOU PUT, YOU KNOW, A THIR, A 13TH FLOOR WITH PARKING ON IT? IT'S A CRAZY IDEA.
WE DON'T WANT TO EXPAND MORE SURFACE PARKING LEVEL AND DESTROY THIS PEDESTRIAN FROM THE ENVIRONMENT.
SO THERE'S ONLY ONE OTHER DIMENSION IN THREE DIMENSIONS.
UH, THAT'S TO GO DOWN AND IMAGINE TRYING TO GET HEAVY EQUIPMENT DOWN TO A SIXTH LEVEL, TEAR UP THE SIXTH LEVEL, DIG DOWN FOR ANOTHER SEVENTH LEVEL.
THERE ARE LOAD-BEARING COLUMNS THAT THERE ARE ELEVATOR SHAFTS, THERE ARE RAMPS.
IT WOULD BE HUGELY DESTRUCTIVE THAT WE EVEN TRY TO DO THAT.
YOU KNOW, THE ESTIMATES ARE IN THE EIGHT DIGITS, YOU KNOW, PROBABLY 50 MILLION PLUS MAYBE NOBODY EVEN KNOWS BECAUSE NOBODY, NO CONSTRUCTION COMPANY WOULD EVEN PRICE IT BECAUSE IT'S SO CRAZY.
OUR LENDER WOULD NOT PERMIT IT.
UM, OUR INSURER WOULD NOT PERMIT IT.
IMAGINE GETTING, YOU KNOW, HEAVY EQUIPMENT DOWN THERE, BUSTING UP THAT CONCRETE FLOOR AND DIGGING DOWN AROUND THESE LOAD-BEARING COLUMNS, REALLY WHEN OUR PARKING STUDY SHOWS THAT HALF OF THAT PARKING MOVED.
SO, UM, WE ARE 100% CONVINCED THAT WE MEET ALL OF THE REQUIRED VARIANCE CRITERIA.
THERE'S NO DOUBT IN BEHIND ABOUT THAT.
IT IS TOTALLY IN THE PUBLIC INTEREST.
THE
IT'S A GREAT DIS GREAT DEVELOPMENT AND GREAT DISTRICT.
UM, YOU KNOW, LET'S, LET'S HELP IT BE SUCCESSFUL BY ALLOWING THIS 28,000 SQUARE FEET TO BE FILLED EVENTUALLY WITH RETAIL AND RESTAURANT NEEDS TO ADD TO DIVIDE INTO THE DISTRICT.
UM, SO WE THINK WE MEET ALL THE CRITERIA.
UM, I'LL STOP THERE AND RESPECTFULLY ASK FOR YOU ALL GROUP THE FACT THAT ANSWER ANY QUESTIONS THAT JUSTIN
WE'RE HAPPY TO ANSWER THE QUESTIONS.
I HAD A COUPLE QUESTIONS AND I'LL POSE BOTH AND THEN YOU CAN DECIDE WHO THE, THE RIGHT BEST PERSON IS.
UM, HOW WAS IT DETERMINED TO DO THE BREAKDOWN OF 20,000 SQUARE, 28,000 SQUARE FEET INTO THE CURRENT PROPOSED MAKEUP OF RETAIL AND RESTAURANT? JUST BECAUSE WE'RE AWARE THAT YOU'RE, THOSE ARE UNDER DIFFERENT RATIOS.
UM, AND THEN THE SECOND QUESTION IS, HAVE THERE BEEN ANY PROJECTIONS OR ESTIMATES OF WHAT THE PARKING MAY NEED TO BE? BECAUSE YOU NOTED THAT RIGHT NOW MAYBE THE FURNITURE STORE PARKING IS WHETHER IT'S REASON THAT IT HASN'T IN TODAY'S ENVIRONMENT BEEN QUITE AS CONDUCIVE.
AND SO AS WE'RE LOOKING AT THAT PARKING STUDY, OBVIOUSLY IT'S ONLY TAKING INTO ACCOUNT 28,000 SQUARE FEET OF, OF THAT.
WHEREAS AS YOU MENTIONED, IT'S A VERY VIBRANT AREA.
HOPEFULLY RETAIL OR RESTAURANT SPACE MIGHT BE MORE UTILIZED OR ENGAGED, AND SO YOU MIGHT EXPECT THERE TO BE A BIT MORE DEMAND FOR PARKING.
UM, SO THOSE ARE THE TWO SORT OF SET OF QUESTIONS THAT I'LL LET YOU ENGAGE WITH YOUR SQUAD TO DECIDE WHO WANTS TO ANSWER WHAT WORK YOU WANT TO TACKLE.
I, I'LL, I'LL TACKLE IT AND IF, UM, THE, THE BUSINESS PEOPLE THAT ACTUALLY HAVE MADE A SUCCESS OF THIS DEVELOPMENT, IF THEY WANT TO ADD TO THAT, I'M CERTAINLY OPEN TO THAT.
UH, YOU KNOW, THOSE ARE NOT LIKE EXACT, LIKE, WE DON'T HAVE LIKE LEASES AS FAR AS I KNOW, LINED UP.
IT'S NOT, THOSE ARE NOT NECESSARILY EXACT EXACT FIGURES.
UM, YOU KNOW, I, I KNOW ENOUGH TO KNOW THAT RETAIL SECOND FLOOR RETAIL HISTORICALLY HAS NOT BEEN AS SUCCESSFUL AS WHAT I'M FOR RETAIL.
UM, I THINK, I THINK SECOND FLOOR SPACE MIGHT BE A BETTER OPPORTUNITY FOR A RESTAURANT, BUT YOU KNOW, THE NUMBERS, THEY'RE, THEY'RE NOT, THOSE ARE PROJECTIONS THAT WE THINK ARE LIKELY IN TODAY'S MARKET.
UM, DON'T WANNA ADD ANYTHING YOU DON'T WANNA SWEAR? YEAH, I APOLOGIZE.
WE WILL NEED TO TAKE YOUR NAME AND ADDRESS.
JUSTIN SCHOFF, 45 14 COLE AVENUE, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
YEAH, I THINK PART OF THIS TOO IS A LITTLE BIT OF THE THEME OF THE WEIRS FAMILY, WHICH CONTINUES TO OWN THE PROPERTY HAS OWNED THIS SINCE WORLD WAR II OVER 70 YEARS.
AND THIS PROJECT IS A CATALYST TO CONTINUE, UH, TO OWN IT THEORETICALLY FOR ANOTHER 70 YEARS AS A FAMILY ASSET.
WE ARE PARTNERED WITH THEM AS THEIR ACTIVATOR
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OR THEIR DEVELOPER, IF YOU WILL.SO WE DO ALSO HAVE OWNERSHIP AND ARE THEIR REPRESENTATIVE.
AND SO SOME OF THIS IS A LITTLE BIT OF THE OPEN-ENDEDNESS OF WHAT DOES HAPPEN OVER A 70 YEAR PERIOD.
SO AGAIN, JUST TO BUILD UPON JONATHAN'S, UH, COMMENTS, MR. BENSON'S COMMENTS IS, IT'S, IT'S A LITTLE BIT OF THIS OPEN-ENDEDNESS OF WHERE DOES PORTIONS OF THIS SPACE AND PORTIONS OF THE BUILDING CONTINUING TO GO OVER TIME.
AND SO DO THOSE MIX OF USES CHANGE AROUND OVER TIME.
SO, UM, AS JONATHAN'S MENTIONING, THERE'S A LITTLE BIT OF OPEN-ENDEDNESS BECAUSE WE'RE THINKING ABOUT 70 YEARS.
THIS IS NOT A TRADITIONAL DEVELOPMENT WHERE YOU BUY IT, BUILD IT, LEASE IT UP, AND SELL IT AS FAST AS YOU CAN.
UM, SO IF THAT PROVIDES JUST A LITTLE BIT OF THE STORY OR CONTEXT AROUND THAT.
I WAS MAINLY TRYING TO MAKE SURE I UNDERSTOOD, UM, THE LIKELIHOOD OF YOU ALL MAY COME BACK OR FURTHER IF YOU DECIDED, WELL ACTUALLY WE WANT TO DO ALL 28,000 AS RETAIL AND THEREFORE THAT PORTION REQUIREMENT IS A DIFFERENT AND MORE, UH, PRONOUNCED RATIO THAN THE RESTAURANT.
OR MAYBE I HAVE THAT BACKWARDS THEN, RIGHT? NO, UM, I THINK THE LOGISTICS OF, UH, SOLVING FOR A RESTAURANT ON THE SECOND FLOOR WOULD ADD A CONSIDERABLE AMOUNT OF COST BECAUSE RESTAURANTS COME WITH A LOT OF VENTING, KITCHEN EQUIPMENT, ET CETERA.
SO THERE'S A LITTLE BIT OF THE BIFURCATION OF, THERE'S TWO FLOORS HERE THAT WE'RE TALKING ABOUT.
SO FIRST FLOOR, AGAIN, A LITTLE MORE NATURAL FROM A LOGISTICS STANDPOINT FOR RESTAURANT.
AND THEN SECOND FLOOR FOR RETAIL, ALL WE REALLY NEED FOR SECOND FLOOR RETAIL IS THE STAIRCASE AND ELEVATORS, WHICH THE BUILDING ALREADY HAS OVER BY THIS AREA.
THAT'S VERY HELPFUL FOR ME TO UNDERSTAND THAT, THAT THOUGHT.
UH, SOMETIMES CAUSE US TO GO WRONG, WRONG DIRECTION.
ANY OTHER QUESTIONS, MS.
UM, OBVIOUSLY WE CAN'T SEE OUT 20, 30, 50 YEARS.
SO WE MIGHT COME BACK IN 20 YEARS TIME, UH, AGAIN, BECAUSE WE CONTINUE TO PLAN TO OWN THIS ON ITS PERPETUITY AND OVER THE TIME PERIOD.
BUT, UM, AS MR. VINCENT WAS ALLUDING TO, THERE'S PROBABLY A PRETTY NEAR TERM, UM, COMPONENT AS OPPOSED TO LONG-TERM COMPONENT UPON THE WEIRS ULTIMATE FUTURE BEING A FAMILY RUN BUSINESS ON THE FOURTH GENERATION, MEANING THAT THAT'S PROBABLY COMING SOONER THAN LATER.
SO WE'RE PLANNING FOR THAT EVENTUAL MOVE.
I, I GUESS, YOU KNOW, I THINK ABOUT NOT CONTRARY TO PUBLIC INTEREST OR GRANTED RELIEF, IT SELF-CREATED HARDSHIP.
AND I, I THINK YOU MENTIONED, I MEAN, FOR ME, I STRUGGLE A LITTLE BIT WITH THIS FEELS LIKE WE MIGHT BE TRYING TO KICK OUT A VIABLE BUSINESS 'CAUSE WE DON'T WANT 'EM THERE ANYMORE AND THEY'RE NOT MAKING MONEY.
BUT I THINK YOU SAID THAT THEY'RE, THAT THEY OWN PART OF IT AND YES.
AND THAT THEY'RE, THEY'RE FULLY ON BOARD WITH THIS REQUEST.
CORRECT? THEY'RE, THEY'RE A MAJORITY OWNER.
SO THIS IS NOT ANY SORT OF, UM, YEAH, EXACTLY.
THEY ARE, THEY ARE WELL AWARE OF OUR REQUESTS AND, YOU KNOW, ARE SUPPORTING.
ARE THERE ANY OTHER QUESTIONS THAT WE HAVE? HEARING NONE UNLESS YOU HAVE A FINAL WORD, WE WILL ALL VOTE.
WE'LL ALWAYS TAKE THE OPPORTUNITY TO, AGAIN, RESPECTFULLY ASK FOR YOUR APPROVAL OF A REQUEST.
UM, IS THERE A MOTION? UH, I WILL MAKE ONE.
UH, I MOVE THAT BOARD OF ADJUSTMENT AND FIELD NUMBER BO OA 2 5 0 0 0 0 7 5 ON APPLICATION JONATHAN MINSON LANCE THE 80 SPACE VARIANCE FOR PARKING REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY SHOWS PHYSICAL CHARACTER, THIS PROPERTY ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED, IT RESULT IN A UNNECESSARY HARDSHIP TO SAMPLE NOW FURTHER MOVE FOLLOW CONDITION BE IMPOSED FOR THE PURPOSE OF THE INTENT OF VALID DEVELOPMENT CODE CLIENT'S.
THE MOST RECENT VERSION OF ALL SUSPENDED PLAN ZONE, IS THERE A SECOND? I SECOND THAT NOTION.
UM, I'LL KICK OFF A BRIEF DISCUSS.
[00:30:01]
THIS ONE IS, IT'S A LITTLE ODD TO ME BECAUSE IT IS LITERALLY THE ONLY PARCEL THAT IS DOING THIS EXACT SPECIFIC WAY.SO COMPARING IT AS A SHAPE OR SOAK OR OTHERWISE KIND OF DOESN'T QUITE MAKE SENSE.
AND SNAKE THAT'S LIKE GETTING ITS OWN TAIL TYPE THING TO BE, BUT I MEAN, I THINK HERE, UM, THE INDICATION THAT THEY DEVELOPED FINANCIALLY, BALLPARK, IT'S WHAT? GRAND ESTATES UP AND DOWN PARKING AND THAT'S WHAT THEY'RE STARTING FROM SCRATCH COAST ACTUALLY LIKE I, UM, AND I ALSO PUT A LOT OF, UH, SWAY IN WHAT THE OAK LAW COMMITTEE THINKS BECAUSE THEY ARE A VERY INVOLVED ACTIVE GROUP.
UM, AND SO THEY'RE UNFETTERED, I THINK VERY STRONG THIS APPLICANT'S BELIEF IN TERMS OF HOW IT
SO IN LIGHT OF THAT, AND IN LIGHT OF THE CONSIDERATION, THE DIFFERENCE RATIOS, UH, MADE THE MOTION.
WOULD ANYONE ELSE LIKE TO COMMENT ABOUT THE HEARING? NONE.
YEAH, I, I WILL SUPPORT, UM, YOUR MOTION SIMPLY BECAUSE, UM, OF THE, UH, STUDY THAT WAS DONE ON IT, AND I THINK THE STUDY SUPPORTS THAT.
UM, OBVIOUSLY AS MR. VINCENT SAYS, THERE'S, EXCUSE ME, THERE'S NOT A LOT OF AREAS THAT YOU CAN GO WITH THE ADDITIONAL NEED FOR THE PARKING SPACES.
SO, UM, WE'RE VERY LIMITED AND, UM, I THINK THIS, THIS SOLVES IT IF WE APPROVE, UH, TO GRANT THIS MOTION.
SO, UH, HEARING NO OTHER COMMENTS, ANY OTHER BRIEF, UH, MS. WILLIAMS, WE PLEASE HOLD UP MS. GARNER.
MOTION TO GRANT PASSES? FIVE TO ZERO.
UM, MR. MARTINEZ, IF YOU NOW HAVE THE OPPORTUNITY TO, UH, REVIEW THE LETTERS AND OPPOSITION, THEN I'M GONNA, UH, COME BACK, BACK TO BOA 2 5 0 0 0 0 6 9, THE APPLICATION OF MR. MARTINEZ FROM 1 0 3 1 5 OAKWOOD DRIVE.
UM, PLEASE GO AHEAD AND, AND COME ON UP SINCE YOU'VE ALREADY BEEN SWORN IN.
WE DON'T NEED TO GO THROUGH THAT AGAIN.
UM, BUT WE DO HAVE TO RETAIN THE COPIES OF THE LETTERS FOR OUR FILE.
UM, SO OBVIOUSLY WHAT I KIND OF GATHERED FROM THOSE LETTERS WAS, UM, FOLKS IN OPPOSITION BEING A BIT CONCERNED ABOUT KIND OF SQUEEZING IN A HOME TO BE SO PROXIMATE TO THEM.
UM, SO HOW, HELP US APPRECIATE WHY YOU SAY THAT'S NOT CONTRARY TO PUBLIC INTEREST AND YOUR SORT OF RESPONSE TO THOSE.
NUMBER ONE, THERE WAS ALREADY A STRUCTURE THERE IN EARLY 2000, SO IT'S, THIS ISN'T SOMETHING THAT'S FAIRLY, I MEAN, IT'S, IT'S NEW, BUT THEY, THERE WAS A STRUCTURE THERE PRIOR, YOU KNOW, 20 YEARS AGO OR SO.
SO IT'S JUST, I GUESS IT'S, UH, NEW OWNERS AND THEY DIDN'T, THEY DIDN'T KNOW THAT THERE WAS A STRUCTURE THERE AT SOME POINT.
SO THAT'S MY, THAT'S WHAT I WOULD SAY TO THAT ARGUMENT OR TO THAT POSITION.
SO WHAT THE, THE PROPERTY ALREADY HAD A COVERT AND A DRIVE APPROACH, SO I JUST LEFT IT ON THAT SAME SIDE AND SO JUST SHIFTED OR THE PROPOSED STRUCTURE, UH, ESSENTIALLY OVER SO THAT IT LEAVES ROOM FOR THE, FOR THE DRIVEWAY AND THAT THAT WAS HOW THAT DECISION WAS MADE.
BUT I'M WILLING TO DO WHATEVER, IF THERE'S ADJUSTMENTS THAT, AND I THINK YOU WERE NOTING THAT MAYBE THIS ISN'T A HISTORIC AREA IN TERMS OF IT BEING ACTUALLY THIS HISTORIC EXACTLY.
I NOTICED THAT ONE OF THE COMMENTS WAS JUST ONE OF YOUR NEIGHBORS MIGHT NOT BE HAPPY ABOUT ANY FURTHER DEVELOPMENT OR, UM, CONSTRUCTION GENERALLY, BUT I THINK THOSE ARE MORE GENERAL DISCUSSION POINTS.
UM, ACTUALLY, UM, IF YOU GUYS ARE FAMILIAR WITH, UH, MIKE RUBLE, HE OWNS RUBLES PLANTS IN TEXAS.
[00:35:01]
JUST FINISHED BUILDING TWO NEW STRUCTURES THERE, TWO LOTS DOWN.SO IT'S NOT LIKE IT'S SOMETHING PEOPLE ARE NOT DOING OUT THERE, PEOPLE ARE DEVELOPING AND ARE NOT GETTING STOPPED BECAUSE OF THAT.
I THINK WHEN YOU GAVE YOUR ADDRESS, YOU SAID YOU LIVED ON OAKWOOD DRIVE? YES.
DO YOU LIVE THERE NOW? THAT'S CORRECT, YES, MA'AM.
SO ARE YOU BUILDING ANOTHER HOUSE? YES, MA'AM.
AND I GUESS WE ASKED THE QUESTION, I THINK, I MEAN, IS IT, I MEAN, ALL THOSE HOUSES WERE ONE STORY.
IS THIS A TWO STORY, THREE STORY HOUSE? I MEAN, IF IT'S ONLY STILL 14 FEET WIDE, RIGHT, RIGHT, RIGHT.
SO RIGHT NOW IT'S 14 BY, WHAT IS IT? UM, 40 14 BY 40.
SO IT'S, IT'S GONNA BE A NARROW, NARROW STRUCTURE.
UM, I'LL LIKE TO POSSIBLY IN THE FUTURE IF I'M, IF I'M ABLE TO ADD ON TO IT IF I, IF I HAVE TO OR IF I CAN.
UM, BUT YEAH, AS OF RIGHT NOW IT'S A ONE STORY.
ONE STORY AND IT, AND IT POTENTIALLY LIKE A LOT LITTLE LOFT OR SOMETHING UP THERE FOR STORAGE AND STUFF LIKE THAT.
I, I THINK WHAT MS. GAMBA IS GETTING AT IS ONE OF THE LETTERS SORT OF SUGGESTED IT WOULD BE LOOKING INTO THEIR BEDROOM, AND I COULDN'T REMEMBER IF THAT WAS BECAUSE THE LINEUP WITH THE FRONT YARD SETBACK WOULD BE NEXT TO, OR WHETHER IT WOULD JUST BE THAT IT LINED UP AT A HOUSE ACROSS THE STREET.
SO THEY'RE, THEY HAVE 50 FOOT SETBACKS ALREADY, PLUS THE, PLUS THE STREET, I BELIEVE THAT'S ROUGHLY 60 TO A HUNDRED FEET.
AND THEN PLUS MY ADDITIONAL 50 FOOT SETBACKS.
SO WE'RE TALKING ABOUT CLOSE TO ALMOST 200 FEET OF SPACING.
I MEAN, IF, IF THAT WAS THE CASE, NONE OF US WOULD HAVE NEIGHBORS RIGHT ACROSS THE STREET FROM US.
WHAT ABOUT YOUR NEIGHBOR NEXT DOOR? I THINK I THOUGHT THAT WAS, YOU MENTIONED THAT.
NO, I THINK HE WAS MENTION, THEY WERE MENTIONING, UH, SOMETHING TO DEAL WITH THE WATER, POSSIBLY WATER ISSUES, BUT WE HAVE THAT ISSUE ALL ACROSS THE STREET IN GENERAL.
UH, THAT'S A CODE COMPLIANCE ISSUE THAT I CONSTANTLY COMPLAIN ABOUT.
SO THIS WOULDN'T, UH, IMPACT THAT.
HAVE YOU SPOKEN TO YOUR NEIGHBORS AND REACHED OUT TO, HAVEN'T THEM? I HAVEN'T.
HAVE YOU REACHED OUT TO THEM AND, AND TALKED ABOUT THIS? NO, I WAS SURPRISED THAT THEY, UH, THEY SUBMITTED THAT.
UH, OTHER NEIGHBORS DID REACH OUT TO ME AND I EXPLAINED TO THEM WHAT WAS GOING ON.
THESE FOLKS JUST DIDN'T REACH OUT TO ME OR ELSE I COULD HAVE EXPLAINED IT TO THEM AS WELL.
I THINK, UH, RUBLE HAD ONE AND THEN MY OTHER NEIGHBOR, ODIO AND, AND TINA, THEY, THEY REACHED OUT TO ME AND I EXPLAINED TO THEM WHAT I WAS TRYING TO DO AND THEY WERE LIKE, OKAY, NO.
UH, WOULD ANYONE LIKE TO SEE ME JUST INDUL FOR A MOMENT? ACTUALLY, NO WORRIES.
I MIGHT AS WELL ASK WHILE WE'RE AT IT.
I SAW THAT THERE WERE KIND OF A TRIO OF SPOTS OF TREES WHEN WE WERE LOOKING DURING THE BRIEFING AT THE FRONT BOTTOM RIGHT.
UH, ONE OF YOUR NEIGHBORS EXPRESSED CONCERN ABOUT TREES MAYBE BEING MOVED.
I'M NOT SURE WHICH ONES THEY NECESSARILY CLEARED ABOUT.
ARE YOU PLANNING TO JUST TAKE OUT THE ONE THAT WOULD BE ON THE DRIVEWAY AND LEAVE THE OTHERS POSSIBLE? IF I CAN SAVE THEM, I, I PREFER TO HAVE THEM.
ANY OTHER QUESTION? IF, IF WE GRANTED YOU A, ALLOWED YOU TO HOLD THE MATTER UNDER ADVISEMENT, WOULD YOU BE WILLING TO TALK TO YOUR NEIGHBORS AND DISCUSS WITH THEM AND SEE IF YOU COULD COME TO AN AGREEMENT THAT WOULD BE AMENABLE TO EVERYBODY SO THAT PEOPLE FEEL COMFORTABLE? UM, EXPLAIN THAT, EXPLAIN THAT AGAIN.
HOW WOULD THAT LOOK LIKE? IT, UH, WE CAN, WE CAN MAKE A MOTION TO GRANT, GRANT IT.
WE CAN MAKE A MOTION TO DENY IT OR WE CAN ALSO MAKE A MOTION TO HOLD OVER THE CASE.
UM, AND GIMME AN OPPORTUNITY TO TALK TO YOUR NEIGHBORS AND TRY TO UNDERSTAND AND HELP THEM FEEL MORE COMFORTABLE WITH THE PROJECT I'D.
I'D RATHER HAVE JUST THE APPROVAL.
[00:40:02]
DID, DID, DID I, DID I RIGHTI WANNA MAKE SURE THAT YOU DON'T HAVE ANY QUESTIONS, BE APPLICABLE.
ARE YOU GOOD? AND I APOLOGIZE, IT LOOKS LIKE YOU MIGHT HAVE YOUR MIC MUTED.
ANY, UH, OTHER QUESTIONS? HEARING NONE.
UM, ANY FINAL WORDS YOU'D LIKE TO MARK? NO, SIR.
UM, MS. WILLIAMS, I GUESS I NEED TO ASK IF ANYONE HAS A VOTE.
UH, MR. CHAIRMAN, I HAVE A MOTION, PLEASE.
MS. CARTER, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 6 9 ON APPLICATION OF UE MARTINEZ GRANT, THE 15 FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUB, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER.
THE PUR PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
SECOND, I WILL SECOND FOR MOTION DISCUSSION GOING WHILE, UM, I'M SUPPORTIVE, UM, UH, THIS REQUEST BECAUSE I DO THINK THAT THE, THE SIZE OF THE LOT, UM, DOESN'T REALLY GIVE MUCH TO WORK WITH.
AND, UM, WHILE I READ THE OPPOSITION LETTERS, I DON'T THINK THEY WERE ABLE TO SUPPORT, UM, THEIR OPINION THAT IT SHOULDN'T BE BUILT.
YEAH, I THINK WHAT I'LL JUST ADD TO THAT IS BY IMPRESSION FROM THE LETTERS IN OPPOSITION OR JUST A GENERAL DISPLEASURE ABOUT THE LOBBYING DEVELOPED AT ALL OR OTHER LOT, THE NATURE OF THE BACK OF THE NEIGHBORHOOD AS A WHOLE IS MUCH LARGER LOCKED.
OTHERWISE, THAT DOESN'T, UH, CHANGE MR. MURPHY
ANYONE ELSE LIKE TO SAY ANYTHING RESPECT TO THAT? IN LIGHT OF THAT, I'LL ASK SEPTEMBER.
MR. SLATE A MOTION TO GRANT PASSES 5 2 0.
THAT PORTION SHOULD ACCEPT SECRETARY VOTE.
OKAY, THAT BRINGS US TO OUR LAST INDIVIDUAL CASE.
UM, MR. MARTINEZ, YOU'LL BE ABLE TO CHAT WITH, UH, SOMEONE FROM CITY STAFF AND GETTING A LETTER INDICATING THE APPLICATION
UH, THAT BRINGS US TO OUR FINAL CASE OF THE DAY, UH, BO OA 2 5 0 0 0 0 81 ON APPLICATION OF ROBERT BALDWIN.
UM, IN RESPECT TO THE PROPERTY OF 47 10
ROB BALDWIN 3 9 0 4 ELM STREET, SUITE V IN DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
UH, ROB BALDWIN, UH, HERE REPRESENTING, UH, THE PROPERTY OWNER ON, UH, 47 10 DORSETT.
UP IN THE PRESTON HOLLOW AREA.
UH, THIS IS AN INTERESTING ONE FOR ME IN THAT IT'S A TWO ACRE SITE, BUT, UH, IT'S USUALLY MOSTLY USED FOR RECREATION.
THERE IS A HOUSE ON THE PROPERTY, UH, BUT YOU, YOU CAN SEE THERE'S ALSO A SOCCER FIELD AND TENNIS SPORT.
UM, THIS, THIS OWNER ALSO OWNS THE HOUSE IN THE BLUE.
[00:45:01]
UM, JUST TO THE EAST OF THAT.AND SO THIS, THIS SERVES KIND OF THE, AS THEIR BACKYARD.
UM, WHAT THEY WOULD LIKE TO DO IS BUILD AN, AN ACCESSORY STRUCTURE.
I, I, SORRY, UH, UH, ACCESSORY STRUCTURE.
DOWNSTAIRS WOULD BE A GARAGE UPSTAIRS WOULD BE A STORAGE ROOM, NO PLUMBING, JUST ELECTRICITY UP THERE.
UM, AND, BUT IT'S GOING, THE REQUEST IS THAT IT'D BE GREATER THAN 25% OF THE FLOOR AREA OF THE MAIN HOUSE.
UM, YOU KNOW, GENERALLY THIS REQUIREMENT COMES INTO PLACE THAT PEOPLE DON'T OVER BUILD A LOT, UH, THAT, YOU KNOW, YOU LIKE AT MY HOUSE, YOU HAVE A, UH, 7,500 SQUARE FOOT LOT.
YOU DON'T WANT TO HAVE LOTS OF BIG BUILDINGS ON IT TO, TO OVERSHADOW EVERYTHING.
IN THIS CASE, EVEN GRANTING THIS, IT'S A A 30 BY 40 FOOT BUILDING.
UM, GIVEN THE TWO ACRE SIZE OF THIS LOT, IT WOULD NOT BE OVERBUILDING THE PROPERTY.
UM, THERE WILL MEET ALL THE SETBACK REQUIREMENTS.
UH, THIS IS, YOU'VE ALREADY SAW THIS, UH, WITH THE CITY STAFF.
SO VISIT IS THE, THE FRONT ON, ON DORSETT.
I THINK IT'S GONNA BE SETBACK OFF OF DORSETT STREET HERE.
UH, DORSETTS ON YOUR LEFT, IT'S YOUR PROPOSED ACCESSORY STRUCTURE IS ON THE RIGHT LOWER RIGHT HAND CORNER, 17 AND A HALF FEET FROM THE SIDE PROPERTY LINE WHERE TEN'S REQUIRED AND 51 FEET FROM THE REAR PROPERTY LINE WHERE 10 FEET REQUIRED.
UM, I FOUND OUT RIGHT AT THE BEGINNING OF THIS MEETING THAT WE DO HAVE NEIGHBORHOOD OPPOSITION AND THEY WERE KIND ENOUGH TO SPEAK WITH ME.
UM, YOU KNOW, I SENT LETTERS TO ALL THE NEIGHBORS, UH, IN MID, UH, NOVEMBER ASKING ANYBODY HAD ANY QUESTIONS OR CONCERNS.
I HEARD FROM NEIGHBORS ON THE DORSETT ROADSIDE WHO HAD NO OBJECTION, DIDN'T HEAR ANYTHING FROM OUR NEIGHBORS TO THE SOUTH.
UM, I WOULD LIKE TO HAVE THIS CASE HELD UNDER ADVISEMENT SO I CAN TALK WITH THEM.
I DON'T KNOW IF I CAN ADDRESS THEIR CONCERNS.
FROM WHAT I UNDERSTAND, THEIR CONCERN IS TAKING ACCESS OFF OF LENNOX, UH, THEIR LOCATION OF THE, THE STRUCTURE THEY DON'T WANT LOOKING INTO THEIR HOUSES, AND, UH, JUST, UH, SOME NEIGHBOR ISSUES THAT MAYBE MY CLIENT HAS NOT ALWAYS BEEN A GREAT NEIGHBOR, UH, IN, IN THEIR EYES.
UM, I DON'T KNOW IF THAT GETS US OVER THE HUMP WITH, UH, THE VARIANCE STAFF SAID, BUT, UM, IF, IF THAT DOES, THEN I WOULD DEFINITELY LIKE TO TAKE THE OPPORTUNITY TO TRY TO SOLVE THIS PROBLEM.
UM, I KNOW THEY'RE GONNA SPEAK, UM, I'VE NOT BEEN ABLE TO GET IN TOUCH WITH MY CONTACT MY CLIENT BETWEEN, UH, THE BRIEFING SESSION AND NOW.
SO I DON'T KNOW IF HE'S GONNA BE WILLING TO, TO DO ANY OF THIS, BUT MOST REASONABLE PEOPLE WOULD.
UH, AND I JUST HAVE TO ASSUME HE'S GONNA BE REASONABLE.
UM, I'M HERE TO ANSWER ANY QUESTIONS.
I'LL TURN IT OVER TO THE OPPOSITION.
WE HAVE THINGS TO SAY, BUT ONE, UM, BUT I'M HERE TO ANSWER ANY QUESTIONS AS WELL.
AND I WOULD I UNDERSTAND THAT THEN IN THE ASK WOULD BE TO TAKE IT UNDER ADVISEMENT OR NEXT MEETING, WHENEVER THAT IS? WELL, I THINK IT'S GONNA TAKE TWO BECAUSE, UM, I'M, I'M LEAVING FOR VACATION NEXT WEEK.
I WON'T BE BACK TILL JANUARY 1ST, AND THAT JUST PUTS US TWO WEEKS TILL THE NEXT MEETING.
I, AND I WOULD LIKE TO, IF WE'RE GONNA HAVE IT HELD, I'D LIKE TO HAVE IT HELD FOR, UH, THE PROPER AMOUNT OF TIME.
SO, UM, I'M SURE OTHER PEOPLE ARE GOING AWAY ON VACATION AS WELL.
I I WAS ONLY ASKING FOR A CLARIFICATION OF EXACTLY WHAT WHAT YOU DO.
UM, ARE THERE, UM, UM, SO I'M ASSUMING THAT THE GARAGE SLASH STORAGE SPACE BY CODE HEIGHT REQUIREMENT, ALL THAT STUFF, IT CAN BE WHERE IT IS ON THE PROPERTY THAT IS NOT, I MEAN, IT'S NOT OUT OF CODE, IT'S JUST CORRECT.
IT'S JUST TOO BIG GIVEN WHAT THEY BUILT.
IF IT WAS HALF SIZE, IT COULD BE THE, IN THAT LOCATION.
IT COULD EVEN, IT, IT HAS A 10 FOOT SIDE YARD AND 10 FOOT REAR YARD SETBACK.
IT COULD EVEN BE PUSHED CLOSER TO THE PROPERTY LINES.
AND, UM, AND WHY IS THE NEIGHBOR NOW WANTING TO USE, I MEAN, SINCE THEY'VE NEVER USED THAT BACK ENTRANCE TO THE, UH, THAT LOCATION BEFORE, THEY'VE ALWAYS USED A DOOR AT ENTRANCE.
UM, WHY ARE THEY CHOOSING TO DO THAT NOW? I DON'T HAVE A CLEAR ANSWER FOR THAT, BUT I WOULD SUGGEST THAT'S BECAUSE THAT'S WHERE THE GARAGE IS.
YOU DON'T HAVE TO PUT A DRIVEWAY ALL WAY ACROSS YOUR, YOUR PLAYING FIELD.
[00:50:01]
FIND THAT IN OTHER QUESTIONS FROM MR. BALDWIN.MY ADDRESS IS 68 17 TOPSFIELD DRIVE, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
I'M HERE ON BEHALF OF, UH, JOSEPH AND NANCY BORAN, WHO RESIDE AT 48 35 NORTH GLENHURST AVENUE, WHICH IS LOCATED DIRECTLY TO THE SOUTHEAST OF THE PROPERTY AT ISSUE TODAY.
UM, THE FOUR ENDS JOIN, JOIN US HERE TODAY TO, UH, REQUEST THE BOARD DENY THE VARIANCE REQUESTED, UM, AS IT'S SIMPLY MEANT TO ADDRESS A SELF-CREATED PERSONAL HARDSHIP BY THE APPLICANT AND WOULD ADDITIONALLY ADVERSELY IMPACT THE FLOOR ENDS AS WELL AS THEIR NEIGHBORS, UH, ON
UM, THIS VARIANCE IS PRIMARILY, UH, SOUGHT TO SO THAT THE NEW STRUCTURE WILL MATCH THE STYLE AND THE HEIGHT OF THE EXISTING STRUCTURE.
UM, SO I'D LIKE TO POINT THE BOARD TO THE TEXAS SUPREME COURT CASE, THE CITY OF DALLAS VERSUS ESCO, IN WHICH THE COURT HELD THAT THE DALLAS CITY CODE PROHIBITS, UH, VARIANCES TO BE APPROVED STRICTLY DUE TO, UH, DESIRED DESIGN ASPECT OF THE STRUCTURE.
ALTHOUGH THIS, UH, THE HEIGHT OF THE, UH, PROPOSED STRUCTURE IS NOT NECESSARILY AN ISSUE, BUT IT'S REALLY THE HEIGHT OF IT AND THE ADDITIONAL STORY THAT IS CAUSING THE HUGE SQUARE FOOTAGE, UH, THIS SQUARE FOOTAGE ISSUE.
AND SO I THINK EVEN THOUGH I KNOW THAT Y'ALL NOTED IN THE, UH, BRIEFING EARLIER THAT THEY'VE, UH, GOT AN EXCESSIVELY LARGE LOT, THEY'RE BUILDING THE EXISTING STRUCTURE NOW.
AND SO I JUST WANTED TO HIGHLIGHT FOR THE BOARD THAT THIS IS A, A SELF-CREATED PERSONAL HARDSHIP.
UM, AND YOU WOULD THINK THAT THE OVERSIZED LOT, THEY MIGHT HAVE MORE AREA TO BUILD A LARGER FOOTPRINT, BUT AGAIN, THIS IS A, UM, THEY'RE BUILDING UP INSTEAD OF OUT BECAUSE THEY'VE ALREADY DEVELOPED A SOCCER FIELD, A BASKETBALL COURT, AND THIS EXISTING MAINTENANCE STRUCTURE, AND THEY CHOSE TO BUILD THIS EXISTING MAINTENANCE STRUCTURE WITH THE SQUARE FOOTAGE OF 4,000 SQUARE FEET.
UM, THE FOUR ENDS ARE ALSO CONCERNED WITH THE MAGNITUDE, UH, OF THE VARIANCE REQUESTED WOULD SET A BAD PRECEDENT FOR OTHER PROPERTY OWNERS.
UH, SQUARE FOOTAGE OF THE PROPOSED STRUCTURE ISN'T JUST EXCEEDING THE DALLAS CITY CODE BY A FEW SQUARE FEET, UH, BUT WOULD EXCEED IT BY EXCEED THE THRESHOLD OR EXCEED THE SQUARE FOOTAGE OF THE MAIN STRUCTURE BY MORE THAN 50%.
SO THIS WOULD ACTUALLY VIOLATE THE DALLAS CITY CODE FOR A SINGLE ACCESSORY STRUCTURE, WHICH IS LIMITED TO 25% OF THE SQUARE FOOTAGE OF THE MAIN STRUCTURE IN ADDITION TO AN ADDITIONAL DALLAS CITY CODE THAT PROHIBITS, UH, THE AGGREGATE SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES ON THE PROPERTY, UH, PROHIBITS THOSE FROM EXCEEDING 50% OF THE SQUARE FOOTAGE OF THE MAIN STRUCTURE.
UM, I'M NOT SURE THAT THAT WAS ADDRESSED IN, IN THE APPLICATION, BUT I WANTED TO POINT OUT THAT THERE'S A SECOND PROVISION IN DALLAS CITY CODE THAT THIS WOULD VIOLATE, UH, BECAUSE IT'S SUCH AN EXCESSIVE VARIANCE THAT'S REQUESTED.
UM, ADDITIONALLY, THIS WOULD ADVERSELY IMPACT THE FOUR ENDS AS WELL AS THEIR NEIGHBORS ON LYNDHURST AVENUE.
UM, I KNOW THAT THEY, UH, REFERENCED THAT THIS WOULD JUST BE A GARAGE AND A STORAGE BUILDING, BUT, UM, IT WOULD HAVE WINDOWS FACING THE, THE SOUTH AND THE EAST THAT WOULD GIVE LINE OF SIGHT TO THE BACKYARDS OF THE FOUR ENDS AND THEIR NEIGHBORS ON LYNDHURST AVENUE.
UM, SO THERE'S PRIVACY CONCERNS THERE FROM ALL THE NEIGHBORS.
UM, AS WELL AS NOTED PREVIOUSLY CONCERNED THAT THERE'S GONNA BE TRAFFIC ON LENNOX LANE AND THAT LENNOX LANE CAN ONLY BE ACCESSED FROM LINT.
AND SO THERE WERE EFFECTIVELY REROUTING TRAFFIC THAT WOULD OTHERWISE GO TO DOOR SET AROUND TO LYNDHURST AVENUE AND LENNOX LANE.
UM, IF THIS VARIANCE WERE TO BE GRANTED IN THIS
SO FOR THESE REASONS, I'M SORRY, I'M SORRY.
SORRY TO INTERRUPT THE SPEAKER.
UM, COULD YOU, I KNOW YOU, YOU JUST MENTIONED THAT THERE ARE CONCERNS WITH PRIVACY AND THEN YOU, UM, YOU COMMENTED PRIOR TO THAT THAT, UM, CAN, CAN YOU MAKE THE STATEMENT THAT YOU MADE
[00:55:01]
PRIOR TO THAT, UH, COMMENT PLEASE? UH, THAT THE PRIVACY, YEAH, THE HEIGHT OF THE STRUCTURE, UM, IS CONCERNING IS IT'S A, A TWO STORY STRUCTURE.AND, AND ACTUALLY IF YOU LOOK AT THE PICTURES, I KNOW THAT THEY SAID IT'S GONNA BE SIMILAR IN HEIGHT TO THE MAIN STRUCTURE, UM, WHICH IS ACTUALLY A THREE STORY STRUCTURE.
AND SO I'M NOT, YOU KNOW, HOPEFULLY IT WILL ONLY BE A TWO STORY STRUCTURE, BUT I THINK THE COMMENT MAYBE THAT YOU'RE REFERRING TO IS THAT THERE'S GONNA BE WINDOWS ON THAT STRUCTURE FACING THE SOUTH AND THE EAST, UM, THAT WOULD GIVE, GIVE LINE OF SIGHT FROM THOSE WINDOWS ON THE, THE SECOND STORY TO THE, UH, BACKYARDS OF THE, THE FOUR ENDS AND THEIR, THEIR OTHER NEIGHBORS ON HURST.
BUT, BUT, UM, IF, IF THEY WERE TO BUILD AT ANY HEIGHT, UH, THAT, THAT'S ABOVE, UM, I'M, I'M, I'M GETTING A TERRIBLE FEEDBACK.
CAN YOU GUYS HEAR ME OKAY? YES, WE CAN HEAR YOU MR. SASHEN.
SO, UM, IF, IF YOU BUILT, IF IT'S BUILT AT ANY HEIGHT, WOULDN'T, WOULDN'T THERE BE, UM, VISIBILITY INTO THE BACKYARD? UH, NOT IF IT WERE A ONE STORY STRUCTURE, SIR.
A ONE STORY STRUCTURE WOULDN'T, WOULDN'T ALSO, UH, ALLOW VISIBILITY INTO THE BACKYARD? UH, I DON'T BELIEVE SO.
I, I THINK THE CONCERN FOR THE NEIGHBORS, UM, IMMEDIATELY TO THE SOUTH OF THE PROPERTY IS THAT THE, THE SECOND STORY, THE HEIGHT OF THE STRUCTURE WOULD GIVE THEM VISIBILITY OVER THEIR BACKYARD FENCE INTO THE BACKYARD OF THE PROPERTY.
BUT THE BUT THE STRUCTURE ISN'T FOR, UM, RESIDENTIAL IS THE, THE SECOND FLOOR OF THE STRUCTURE IS FOR STORAGE, ISN'T THAT'S CORRECT.
UM, AND MAYBE THAT DOES ALLEVIATE SOME OF, UH, THE FOUR END'S, PRIVACY CONCERNS FOR SURE.
UM, BUT AGAIN, IF IF EVEN IF PEOPLE AREN'T, UM, LIVING UP THERE, THEY'D STILL HAVE THE, UH, OPTION TO GO, YOU KNOW, VIEW THOSE, LOOK OUT THOSE WINDOWS AND HAVE A LINE OF SIGHT INTO THE NEIGHBOR'S BACK YARDS.
AND THIS, AND THIS IS NOT YOUR TIME, THIS IS, THIS IS, THIS IS MY, UH, MY TIME.
SO YOU STILL, YOU'LL STILL HAVE TIME.
SO, UM, I, I, I GUESS, UM, MY, MY NEXT QUESTION WOULD BE, SO IF THEY WERE BUILDING A STRUCTURE THAT WERE ONE STORY, WOULD YOUR, WOULD YOUR CLIENT, UH, OR YOUR, UM, UM, PEOPLE THAT YOU'RE REPRESENTING, WOULD THEY HAVE A, AN ISSUE WITH THE CONSTRUCTION OF THE UNIT AT THAT POINT? YES SIR.
THE PRIVACY CONCERN IS JUST ONE OF, ONE OF VARIOUS, UM, OBJECTIONS.
YEAH, SO I THINK, UH, ANOTHER PRIMARY CONCERN IS, IS AS I MENTIONED, JUST THE TRAFFIC.
UM, IF THEY DO GET, UH, ADD ACCESS FROM LINUX LANE, UM, AND THEN WITH THE, THE PRIVACY, ALTHOUGH IT MAY BE, UM, NOT AS BIG OF AN ISSUE IF IT IS JUST ACTUALLY A STORAGE BUILDING, BUT THE, THE TRAFFIC AND HAVING THE VISUAL FROM THEIR BACKYARDS OF THIS, UM, MULTI-STORY STRUCTURE, UM, WOULD SURELY, UH, NOT HELP THEIR PROPERTY VALUES.
AND SO, UH, FOR THESE REASONS WE RESPECTFULLY REQUEST THAT THE BOARD DENY THE VARIOUS THANK YOU.
UM, THE PROPOSED ACCESSORY STRUCTURE IS COMPLYING WITH THE VARIOUS SETBACKS FOR, SO IN THEORY, THE APPLICANT COULD JUST BUILD THEIR PRIMARY RESIDENCE, THAT CLOSE THING TO THE PROPERTY PERSPECTIVE.
SO THE PRIMARY, UM, LET, LET'S SAY TO PLAY DEVIL'S ADVOCATE WE'RE THE APPLICANT TO ONE, THEY COULD DOUBLE THE SIZE, THE PRIMARY RESIDENCE THAT THEY'RE ESTABLISHING ON THE PROPERTY AND THE ACCESSORY STRUCTURE WOULD BE ABLE TO BE BUILT AS A MATTER OF RIGHT, EXACTLY WHERE IT IS, HOW, UH, YES, I BELIEVE THAT'S CORRECT, BUT I WANT TO REMIND THE BOARD THAT THEY CHOSE, YOU KNOW, THE BUILDING IS, THE MAIN STRUCTURE IS STILL UNDER CONSTRUCTION.
THEY CHOSE TO BUILD IT AT US SQUARE.
UH, AND, AND THEY COULD I'M SURE DO A, A LAST MINUTE ADD-ON THAT ADDS ANOTHER 4,000 SQUARE FEET AND, AND BE ABLE TO PROCEED.
BUT IF THEY WERE TO SAY DEMOLISH THAT, COULD THEY JUST BUILD UP THE CURRENT ACCESSORY STRUCTURE AS THEIR PRIMARY STRUCTURE EXACTLY WHERE IT IS AND HOW IT IS ON THE PROPERTY? UH, YEAH.
I, I DON'T BELIEVE THAT THEY'RE IN VIOLATION OF ANY OF THE SETBACKS.
AND THEN TO JUST BETTER PUT A, A FINER POINT ON THE, IS THERE A CONCERN THAT HOW MUCH TRAFFIC IS BEING CONCERNED ABOUT LIKE, GOING TO THIS? BECAUSE I I I APPRECIATE THAT 30 BY 40 IS A VERY LARGE SPOT THAT LIKE COULD BE FOR A LOT OF QUALITY.
UM, DO YOU, IS THERE ANY INDICATION THAT LIKE, THIS IS GONNA BE LIKE A TEAM
[01:00:01]
TRAINING SITE OR SOMETHING AND THAT'S WHY THERE'S A LOT OF CARS COMING THROUGH? BECAUSE I'M, I'M LOOKING AT THE SORT OF SITE MAP ON IT LOOKS LIKE LENNOX LANE, THERE IS KIND OF OTHERWISE DEAD END.THAT'S A NICE BUFFER TO BE VERY NICE HOMES THAT ARE ON EITHER SIDE OF IT.
AND THAT WOULD ALMOST APPEAR TO BE THE ONLY HOUSE THAT WOULD BE SORT OF USING THAT AT ALL.
SO, AND I, I SEE THAT YOUR CLIENT MAY HAVE STOOD UP AND IF HE WANTS TO SPEAK, HE'S ALSO OF COURSE WELCOME TO, WE'LL HAVE TO OF COURSE TAKE HIS NAME AND, AND ADDRESS, BUT JOE BEFOREHAND AND WE LIVE AT 40, UH, 46.
I'M NERVOUS, NO REASON TO BE NERVOUS.
UH, AND NO REASON TO BE NERVOUS.
I'M JUST TRYING TO MAKE SURE THAT WE UNDERSTAND THE CONCERNS, UH, ESPECIALLY IN LIGHT OF THE, THE REQUEST TO SORT OF TAKE THINGS UNDER ADVISEMENT.
AND JUST TO, TO CLARIFY, UH, BY US ACCEPTING THIS, THIS IS PART OF THE TESTIMONY TO BE PART OF THE CASE.
SO EVEN IF IT'S TAKEN UNDER ADVISEMENT, WE WILL STILL CONSIDER EVERYTHING WE'VE SAID AS PART OF THE RECORD.
SO YOU DON'T HAVE TO COME BACK, UM, AT THAT SUBSEQUENT HEARING IF YOU DIDN'T WANT.
BUT PLEASE, MR. FORM, UH, MARY, DO YOU SWEAR, MAN, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS BEFORE I SWEAR YOU IN? OH, OKAY.
I'M EMBARRASSED NOW, BUT 48 35 NORTH WIND.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
UM, ANYWAY, THAT'S PART OF THE DEAL.
THE NEIGHBORS, YOU KNOW, HAD BUILT WHAT THEY CALL A CASITA, BUT IT'S IN THE INFORMATION THEY REALLY ORIGINALLY PUT OUT WITH TWO STORAGE.
WELL, NOW THEY'RE SAYING THEY WANT THREE STORIES TO BE IN THE SAME HEIGHT, ROUGHLY SIMILAR HEIGHT LEVEL.
AND BY BEING SO CLOSE TO THE PROPERTY LINE, THEY CAN SEE INTO THE BACKYARDS OF TWO NEIGHBORS THAT I'M HERE REPRESENTING.
AND THEY HAVE SWIMMING POOLS, AND I'M SURE THAT WOULD BE AWKWARD.
UH, AND THEIR MAIN HOUSE IS STILL ON CONSTRUCTION AND THEY'VE HAD A BIG CRANE OUT THERE WORKING.
AND, YOU KNOW, WE'VE TRIED TO TALK TO 'EM, WE'VE TRIED TO WORK WITH THEM, AND IT'S JUST DON'T, DON'T GIVE ANY KIND OF RETURN.
AND SO THIS IS THE FIRST TIME WE'VE BEEN AFFORDED THE OPPORTUNITY TO SAY, LOOK, WE'RE NOT, WE'RE TRYING TO BE GOOD NEIGHBORS WITH YOU, BUT TALK TO US.
AND ON THAT DRIVEWAY, OR WHAT I CALL THIS DEAD END STREET, THE NEIGHBORS NEXT DOOR TO US, THE THINKERS, UH, THEY HAVE THEIR GARAGE THAT THEY USE SINCE THEY BOUGHT THE PROPERTY TO GO IN AND OUT.
AND SO DOES KATRINA ON THE OTHER SIDE.
AND IN FACT, THERE IS DISPUTE ON WHO OWNS THIS AREA OF GRASS IF YOU LOOK FROM A, UH, OVERHEAD, WHETHER SHE OWNS IT OR WHETHER IT'S PART OF A RIGHT OF WAY.
BUT THAT'S THE BIGGEST PROBLEM, TO BRING MORE TRAFFIC ON THE LEND PURSE AND GO UP THERE WHEN THEY HAVE THE, AS PEOPLE HAVE NOTED, 200 ACRES.
AND SO THERE'S A WAY TO COME IN FROM THE STREET THE WAY EVERYBODY ELSE ON, UH, YOU KNOW, ON DOOR SET DOES, RATHER THAN DIRECTING TRAFFIC TO THE BACK THROUGH GLENHURST AND, UH, UH, THAT, YOU KNOW, WE, UH, MY WIFE AND I'VE LIVED HERE CLOSE TO 20 YEARS, EVERYBODY ELSE ON THE BLOCK AROUND THAT TIME.
AND WE, UH, PROMISED MR. BALDWIN THAT, LOOK, UH, WE'LL BE HAPPY TO TALK TO YOU, UH, AND TRY TO WORK SOMETHING OUT, BUT JUST HADN'T EVER GOTTEN A RESPONSE.
UH, WE'VE LIVED THERE, I DON'T KNOW HOW LONG, UH, THEY'VE LIVED THERE, BUT MULTIPLE YEARS, THREE OR FOUR, THEY DO A LOT OF ENTERTAINING.
AND THEY GO PAST, WELL, YOU KNOW, UH, AND THEY DON'T TALK TO US.
AND THE WAY THAT WHEN THEY'VE DONE IT, THEY'VE COME UP LENNOX AND THEY'VE DONE, YOU KNOW, THEIR VANS UNLOAD THERE.
UH, THEY LEAVE A LOT OF TRASH.
THEY PUT A PORTA POTTY THAT, UH, WHETHER, UH, MY, UH, COHORTS HERE OWN IT, OR THEY MOST CERTAINLY DON'T, THEY DON'T LIKE HAVING THE PORTA
[01:05:01]
POTTY.AND THIS WILL JUST ENCOURAGE IT.
ON THE ORIGINAL CLASS THAT WERE SENT TO US, THEY SAID THEY WERE GOING TO USE THAT FOR A PLAY AREA FOR THEIR KIDS.
NOW THEY BUILT THIS SO-CALLED TWO STORY COED.
UH, IT STRETCHES THE DEFINITION AND THEY PUT WHAT LOOKS TO BE A CONCRETE SLAB THERE FOR PARKING.
SO WE SEE THIS AS A DEAL THAT THEY PLAN TO USE THE, UH, FOR PARKING FOR THEIR STAFF OR FOR US WHEN THEY SHOULD COME THROUGH, UH, DORSETT LIKE THE OTHER PEOPLE IN THE NEIGHBORHOOD DO.
AND, YOU KNOW, I'M, I, I'M FROM AMARILLO, UH, MY WIFE AND I'VE BEEN MARRIED FOR A LONG TIME.
WE'VE NEVER HAD A NEIGHBORHOOD CALLED AND WE'RE STILL VERY CLOSE TO OUR OLD NEIGHBORHOOD, NEIGHBORHOOD FRIENDS THAT, AND THE OTHER DON'T LIKE TAKING THIS STANCE AT ALL, BUT WE JUST CAN'T SEE IF THEY'RE GRANTED THIS, THAT THEY'LL EVER, UH, THEY'LL JUST MAKE LIFE THAT MUCH MORE DIFFICULT FOR US WITH THE ADDITIONAL TRAFFIC AND VIOLATE THE RULE THAT YOU CAN'T BUILD ON 50%.
THEY GOT 200 ACRES, SO THERE'S PLENTY OTHER OPPORTUNITIES TO PUT THIS GARAGE, UH, IN THEIR PLAN AND PLACES THE BASEBALL FIELD, SOCCER FIELD OR SOME PORTION OF THAT.
SO THEY HAD MANY OTHER GOOD OPPORTUNITIES, BUT THEY, THEY WANT TO COME BACK WHERE IT'S OUTSIDE OF THEIR MAIN HOUSE.
AND, YOU KNOW, IN OUR FREE NEIGHBORS, WE'RE THE ONES MOST EFFECTIVE.
WE'RE THE ONES THAT ARE CLOSEST AND THEY'RE ALL REASONABLE PEOPLE TOO.
SO I WANT YOU TO KNOW THAT I UNDERSTAND, UH, I'LL MEET WITH THEM IF THEY'VE EVER RETURNED A CALL, BUT WE'VE HAD A NUMBER OF, UH, INSTANCES WHERE THEY'RE NOT PARTICULARLY CONCERNED AT ALL OF WHAT, UH, THE NEIGHBORS MIGHT WANT.
SO I THINK THAT, UH, IF THEY GET THIS, THEY'LL JUST BE CONTINUING PROBLEMS, UH, WITH THEIR USE OF THAT SPACE FOR, YOU KNOW, AND THAT THEY CAN ALWAYS LATER ADD PLUMBING BECAUSE WE NOW WERE SOME OF THE OTHER, AND WE WOULDN'T BE AWARE OF IT.
SO I ASKED, YOU KNOW, I RESPECTFULLY ASKED, UH, THE, UH, CLIENT THE VARIANCE REQUEST AND LET THEM GO THROUGH THE FRONT GATES OF THEIR PLACE ON, UH, LIKE EVERYBODY ELSE RATHER THAN COMING THROUGH OUR AREA AND, UH, COMING IN THE BACK WAY, MIDDLE CITY BOARD TRAFFIC AND WE'VE HAD IN THE PAST.
OTHERWISE, IT'S A QUIET NEIGHBORHOOD.
BUT I'LL BE HAPPY TO ANSWER ANY QUESTIONS, UH, THAT I CAN HELP YOU WITH ON, ON YOUR DELIBERATIONS.
THANK YOU VERY MUCH, AND WE APPRECIATE YOUR TIME AND, AND SHOWING UP HERE TO ENGAGE WITH US.
UM, AND I HOPE YOU WON'T BE DISCOURAGED IF WE OFTEN, WHEN AN APPLICANT ASKS FOR TAKING SOMETHING UNDER ADVISEMENT OR ASKING FOR MORE TIME TO BE ABLE TO ENGAGE, WE FREQUENTLY WILL ALLOW THAT BECAUSE WE FIND SOMETIMES GETTING FOLKS TOGETHER, AND I KNOW MR. BALDWIN IS GOOD AT THIS, ENGAGING WITH NEIGHBORS SOMETIMES HELP IDENTIFY SOLUTIONS THAT, UM, HELP FOLKS GET ALONG BETTER GOING FORWARD.
UH, AND SO IF WE INDULGE THAT, UM, THAT'S NOT TO SAY WE'RE VOTING AGAINST YOU HERE TODAY.
AND LIKE I SAID, WE, THIS IS NOW PART OF THE RECORD.
AND SO EVEN IF THE CASE IS HELD OVER, THAT WILL BE PART OF WHAT IS AVAILABLE TO US SIDE UPON WHEN WE ULTIMATELY, IF WE THEN THAT ULTIMATELY PANDEMIC FOR THE RECORD.
ARE ANY OTHER QUESTIONS DURING THEN? THANK YOU SO MUCH FOR YOUR TIME, PLEASE.
CAN I JUST SAY ONE, ONE LAST COMMENT? SURE.
LOOK, IF WE HAD EVER HAD ANY INDICATION DURING THE THREE OR FOUR OR FIVE YEARS THEY LIVED THERE, UH, THAT THEY THOUGHT, UH, WE WOULDN'T BE HERE TODAY.
THEY'VE HAD NUMEROUS OPPORTUNITIES.
YOU KNOW, THEIR YOUNG BOY WOULD PICK AT SOCCER BALL AND GO A GUARD AND WE'D FAITHFULLY RETURN IT TO HIM, BUT NEVER A RESPONSE FROM THEM.
AND, AND THE SAME WAY, NO RESPONSE FOR WHEN THEY'VE HAD THESE PARTIES, VANS GOING ON TILL LATER HOURS.
[01:10:01]
THERE'S JUST NO HISTORY OF THAT GRANT.THIS WILL GET THEM TO NEGOTIATE.
NOW, UH, ROB'S BEEN REAL NICE DAY, UH, BUT AGAIN, WE DIDN'T GET NOTICE ON THIS UNTIL THE VERY LAST MOMENT, SO I DON'T HOPE YOU WON'T HOLD THAT AGAINST THIS.
DON'T KNOW THAT, THAT WE GOT IT HERE AND, UH, KNOW THAT WE HAVEN'T EVER COME BEFORE THIS BODY OR ANY OTHER BODY, UH, THAT ASK FOR THE LEAK, BUT, UH, PLEASE GIVE THAT.
AND THE TWO MAIN THINGS THAT WE'RE MOST INTERESTED IN IS CUTTING OUT THE TRAFFIC THAT WOULD OTHERWISE COME DOWN, YOU KNOW, DO SET OR LENOX LANE.
AND THE SECOND ONE IS JUST MORE REASONABLE ON THE CONSTRUCTION SO THAT THERE, THE NOTICE ORIGINALLY SENT TO US BY ROB ONLY HAD WINDOWS ON THE SECOND STORE.
THEY'VE NOW BUILT A WINDOW ON THE THIRD STORE, WHICH WASN'T PLANNED.
SO YOU JUST GOTTA, YOU KNOW, DROP YOUR HANDS A LITTLE BIT AND SAY THAT, YOU KNOW, AND, UH, BUT WE'LL TALK TO THEM.
YOU DON'T HAVE TO GRANT THAT, UH, EXTENSION.
WE'RE HAPPY TO DO THAT AND WORK OUT SOMETHING.
WE GOTTA LIVE WITH THEM, BUT, UH, THEY OUGHT TO HAVE TO ABIDE BY THE SAME RULES AND ALL THE OTHER CITIZENS THAT, UH, HE'S THE CEO OF UNITED AIRLINES.
SO HE, I THINK, BELIEVES HE'S ON A, A DIFFERENT GROUND FOR, FOR THESE REQUESTS.
SO I'VE BEEN VERY IMPRESSED WITH THE PROFESSIONALISM OF THIS BOARD AND TAKING, UH, SETTLE IN THESE CASES.
I'VE NEVER BEEN IN THIS BUILDING BEFORE.
AND, UH, THANK WHAT Y'ALL, UH, VERY IMPRESSED TO HEAR THE DIFFERENT CASES AND THE REASONING, SO THANK YOU VERY MUCH.
UM, MR. BALDWIN, WOULD YOU LIKE TO MAKE ANY REMARKS BEFORE WE, THE ONLY, THE ONLY REMARKS I'D LIKE TO MAKE IS, UM, I REALLY ENJOYED GETTING TO MEET, UH, OUR NEIGHBORS AND I HOPE THAT I HAVE THE OPPORTUNITY TO, TO WORK WITH THEM.
YOU KNOW, WHAT I'VE HEARD IS CONCERNS WITH ACCESS TO THE STREET IN THE BACK, UH, PRIVACY CONCERNS, ALL THOSE THINGS I THINK WE CAN ADDRESS.
AND, YOU KNOW, WE HAVE TO KEEP IN MIND THAT THIS GETS APPROVED WITH A SITE PLAN AND ELEVATIONS.
SO ANYTHING I GET AGREED WITH AND, AND GET TO YOU, SHOULD IT BE APPROVED, THAT'S WHAT THEY HAVE TO BUILD.
UM, I WOULD LIKE TO ASK YOUR INDUL TO GET THIS HELD SO I CAN DO IT, UH, AT LEAST TRY, UH, THROUGH THE MONTH OF JO, UH, JANUARY SO WE CAN HOLD IT IF YOU GUYS MEET IN FEBRUARY.
UH, FEBRUARY 19TH I BELIEVE IS OUR SETTING AT THIS POINT.
I WOULD LIKE TO SEE IF WE CAN HOLD IT TILL THEN.
IT'LL BE MOVED TO FEBRUARY 23RD, ACTUALLY,
SO IT SOUNDS LIKE IT WOULD BE FEBRUARY 23RD.
UH, NO, I, I THINK THAT I'D LIKE TO AT LEAST TRY.
UM, AND SO WITH, WITH THAT, UH, I WOULD ASK LIKE YOU TO HOLD THIS UNTIL YOU FEBRUARY MEETING PLEASE.
IS THERE A MOTION, MS. BARR? UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 81 HOLT, THIS MATTER UNDER ADVISEMENT UNTIL THURSDAY, FEBRUARY 23RD, 2026 MONDAY.
I'M SORRY, MONDAY THE 20, FEBRUARY 23RD.
IT'S A THURSDAY BECAUSE DIDN'T WE JUST, OR FEBRUARY 19TH? FEBRUARY 19TH WAS A THURSDAY BECAUSE, UH, THERE WAS A HOLIDAY ON MONDAY.
SO WE MOVING IT TO MONDAY, FEBRUARY 23RD.
I MISSPOKE, I'M SORRY TO PUT MISS SOMETHING.
I, I JUST SO I'M CLEAR, OUR ORIGINAL MEETING WOULD HAVE BEEN FEBRUARY 16TH, PRESIDENT'S DAY, WHICH IS A MONDAY, SO WE ARE NOT MOVING IT TO FEBRUARY 19TH INSTEAD WE'RE, IT WAS ORIGINALLY, UM, FEBRUARY 19TH, BUT DUE TO SOME ISSUES.
UM, TRYING TO FIND ROOM, A ROOM
[01:15:01]
AVAILABLE.THANK YOU FOR THE, WE HAVE TO MOVE UP TO THE 23RD.
I'LL RESTATE MY MOTION PLEASE.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 25 DASH 0 8 1 HOLD THIS MATTER UNDER ADVISEMENT UNTIL FEBRUARY 23RD, MONDAY, FEBRUARY 23RD, 2026.
UM, ANYONE WANNA SAY ANYTHING THEN I WILL.
UM, AND, AND I APPRECIATE THE OPPOSITION BEING HERE.
I I THINK THIS IS A, UH, NOD A BIT PROFESSIONALISM OF MR. BALDWIN RECOGNIZING THAT HE WILL IN FACT ATTEMPT TO ENGAGE WITH YOU TO DETERMINE WHETHER THERE'S ANY ABILITY SINCE WE HAVE RECEIVED YOUR TESTIMONY.
UM, IF NOTHING THAT IS PROPOSED OR OFFERED OR DISCUSSED CAN CHANGE ANYTHING, YOU CAN SIMPLY SUBMIT ANOTHER LETTER INDICATING FOR ALL THE PETITIONS WE'VE ALREADY TAKEN AND EXPRESSED, WE REMAIN IN OPPOSITION AND THAT BE SUFFICIENT OR WE'RE HAPPY TO HAVE YOU BACK AT THAT FEBRUARY MEETING.
UM, I THINK THIS WILL AT LEAST AFFORD MR. BALDWIN THE CHANCE TO ENGAGE FURTHER WITH HIS CLIENT, KNOWING NOW THE, UM, OBJECTIONS THAT YOU AND, UH, SOME OTHERS HAVE SUBMITTED TO SEE WHETHER THERE IS SOMETHING THAT CAN BE DONE TO ADDRESS THEM AND IF NOT, UM, TO BE HERE IN FEBRUARY FOR US TO, TO UH, ACTUALLY COME TO MERIT'S CONCLUSION ON THE BEHALF.
UM, IF NO ONE ELSE HAS ANYTHING, I WILL HAVE
MOTION TO HOLD PASSES UNTIL FOR, UH, FEBRUARY 23RD, 2026.
I HOPE YOU ALL HAVE A GOOD HOLIDAY.
I BELIEVE OUR BUSINESS IS CONCLUDED.
UM, PANEL C WILL BE ADJOURNED AS OF 2:19 PM ON DECEMBER 15TH, 1 2 25.
ALRIGHT EVERYBODY, SORRY I COULDN'T BE THERE WITH YOU TODAY.
Y'ALL BE SAFE FOR THE HOLIDAYS.