* 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. YES. [00:00:03] OKAY. GOOD AFTERNOON. [Board of Adjustments: Panel A on January 20, 2026] OOPS. GOOD AFTERNOON. WELCOME TO THE BOARD OF ADJUSTMENT. MY NAME IS DAVE NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND ALSO, UH, THE PRESIDING OFFICER OF THIS PANEL A. TODAY IS TUESDAY, JANUARY 20TH, 2026. THE TIME IS 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL A BACK TO ORDER FOR A PUBLIC HEARING, BOTH IN-PERSON HYBRID VIDEO CONFERENCE. UH, MEMBERS GO AHEAD AND TURN YOUR SCREENS ON. YOU ARE OKAY. YOU ARE GOOD. A QUORUM, WHICH ARE ACCORDING TO OUR, OUR RULES OF PROCEDURES, A MINIMUM FOUR. WE HAVE FIVE MEMBERS PRESENT. THEREFORE, UH, THE BOARD MEETING CAN PROCEED, ALLOW ME TO INTRODUCE, UM, OURSELVES TO THE PUBLIC. AGAIN, MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT. TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, RACHEL HAYDEN, MICHAEL DORN, AND MICHAEL PULITZ. UH, TO MY IMMEDIATE RIGHT IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, MATT STAFF, UM, DR. KAMIKA MILLER. HOSKINS. GO AHEAD AND JUST RAISE YOUR HAND THERE. OKAY. SHE IS OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR. UM, I WILL, I'M GONNA, IF ANYONE IS PLANNING ON SPEAKING TODAY, EITHER IN THE PUBLIC TESTIMONY, WHICH WE WILL GO TO FIRST OR ON TESTIMONY ON ANY PARTICULAR CASE, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER. HAVE YOU ALL FILLED OUT A BLUE SHEET OF PAPER THAT'S AT THE PODIUM? 'CAUSE OUR BOARD SECRETARY NEEDS TO HAVE THAT BLUE SHEET OF PAPER FOR YOU TO BE ABLE TO SPEAK. OKAY. BEFORE WE BEGIN, PLEASE ALLOW ME TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THIS HEARING WILL BE CONDUCTED. MEMBERS OF THE BOARD 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 OF RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. NO ACTION OR DECISION ON A CASE SETS A PRECEDENT. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES. THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FABLE. ACTION OF THE BOARD. WE'VE BEEN FULLY BRIEFED BY OUR PROFESSIONAL STAFF PRIOR TO THIS HEARING AND IS ALL, AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THIS PUBLIC HEARING. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE ADMITTED TO OUR BOARD SECRETARY. RAISE YOUR HAND AGAIN. BOARD SECRETARY, UM, PRIOR TO YOUR CASE. AND, UM, THIS EVIDENCE WILL BE RETAINED BY, BY OUR BOARD OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE APPROVAL OF A VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING OFFICIAL DECISION REQUIRES 75% AFFIRMATIVE VOTE, WHICH MEANS FOUR OF THE FIVE MEMBERS, NOT JUST THE SIMPLE MAJORITY, BUT FOUR OF THE FIVE MEMBERS TO GRANT A VARIANCE TO GRANT A SPECIAL EXCEPTION. ALL OTHER MOTIONS ARE A SIMPLE MAJORITY, SO A MOTION TO DENY IS THREE TO TWO. A MOTION TO APPROVE HAS TO BE AT LEAST FOUR. UM, THE LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED BY OUR, UH, BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING. 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 MATTER ON OUR AGENDA FOR A MAXIMUM OF THREE MINUTES. SO ANYONE THAT WANTS TO CAN SPEAK BEFORE US ON AN ITEM ON THE AGENDA FOR THREE MINUTES UPFRONT. IN ADDITION, OR SEPARATE FROM YOU CAN SPEAK TO A CASE THAT'S BEFORE THE BOARD. SO A PUBLIC TESTIMONY IS THREE MINUTES MAXIMUM AND THEN TESTIMONY DURING A CASE WHICH YOU HAVE TO FILL OUT A BLUE SHEEP 'CAUSE IT'S A MATTER OF PUBLIC RECORD, NAME AND ADDRESS AND SO FORTH. MR. CHAIRMAN? YES. CAN I HAVE, UH, A COUPLE, UH, A CLARIFICATION FROM A COUPLE IN ONE SECOND. OKAY. YES. A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR PUBLIC HEARING, MAXIMUM OF FIVE MINUTES, AND I WILL ADJUST THAT ACCORDINGLY TO THE CASE. WE HAVE SEVERAL CASES TODAY THAT ARE REASONABLY COMPLEX, SO I'M GONNA BE GRANTING, UH, A REASONABLE AMOUNT OF TIME FOR THE APPLICANT AND ANYONE FOR OR AGAINST TO SPEAK AFTERWARDS. AND PLEASE SILENT ALL YOUR CELL PHONES. WE ALL HAVE 'EM. PLEASE MAKE SURE THEY'RE SILENT SO THERE'S NOT DISRUPTIVE TO THE MEETING. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD, AND YOU HAVE TO, FOR ONLINE, YOU HAVE TO REGISTER 24 HOURS IN ADVANCE FOR IN PERSON. YOU JUST HAVE TO SIGN UP RIGHT BEFORE WE GO TO PUBLIC SPEAKERS. ALL COMMENTS ARE DIRECTED TO MYSELF AS A PRESIDING OFFICER, NOT TO INDIVIDUAL BOARD MEMBER, NOT TO THE STAFF. UM, UH, AND I MAY MODIFY SPEAKING TIMES NECESSARY TO MAINTAIN ORDER. SO THOSE ARE OUR BASIC STUFF. LET ME PREVIEW OUR AGENDA FOR THIS AFTERNOON. UH, IN A MINUTE WE'RE GONNA REVIEW AND APPROVE OUR MEETING MINUTES FROM NOVEMBER 18TH. THEN WE'RE GONNA HEAR US, UM, A THREE WORD AMENDMENT TO [00:05:01] OUR RULES OF PROCEDURE. I WILL EXPLAIN THAT. THEN WE HAVE, UH, A CASE ON BENGAL, A CASE ON BLUFF VIEW BOULEVARD, A CASE ON INWOOD, A CASE ON BUCKNER CASE IN GREENTREE AND MEADOW WOOD IN THAT ORDER. BENGAL THEN BLUFF VIEW, THEN INWOOD, THEN BUCKNER, THEN GREENTREE AND MEADOW WOOD. I PROMISE EVERYONE WILL HAVE A CHANCE TO SPEAK. UH, IF YOU'VE COME TO SPEAK, YOU'LL BE HEARD, UH, AND WE WILL BE FAIR. UM, BUT JUST PLEASE ATTEND TO THE, TO MYSELF AS THE PRESIDING OFFICER. OKAY. THAT BEING SAID, MS. WILLIAMS, YOU HAD A QUESTION? UM, MS. JOAN LADEN AND CAROL STEVENS, WHAT CASE ARE YOU REFERRING TO? BUCKNER, BOTH OF YOU. OKAY, THANK YOU. THANK YOU, MR. CHAIR. OKAY, VERY GOOD. ALRIGHT, SO I PREVIEW THE AGENDA. UM, FIRST ITEM UP IS PUBLIC TESTIMONY. DO WE HAVE ANY PUBLIC TEST PEOPLE REGISTERED FOR PUBLIC TESTIMONY? NO PUBLIC SPEAKERS REGISTERED, SIR. OKAY, VERY GOOD. ALRIGHT, MEETING MINUTES. MEETING MINUTES. THIS IS, UH, PANEL A'S NOVEMBER, UH, MEETING MINUTES NOVEMBER 18TH. UH, AT THE BRIEFING THIS MORNING. MORNING, I MENTIONED A COUPLE MINOR CHANGES TO THE BRIEF TO THE MINUTES. SO THE CHAIR WOULD ENTERTAIN A MOTION TO APPROVE SUBJECT TO, HOLD ON A SECOND. LET ME REREAD IT BACK INTO THE RECORD. SUBJECT TO PA UM, CHANGING THE RESULTS, RE RECORDING THE RESULTS OF A MOTION ON BO 8 2 5 0 0 0 6 1, WHERE IT WAS DENIED THREE TO ONE. UM, IN ADDITION MOTION TWO, SAME CASE 0 0 0 6 1, WHERE THE SECOND MOTION WAS TO GRANT, UM, THOSE TWO CHANGES TO THE MEETING. TO, TO THE MEETING MINUTES, THE CHAIRMAN ENTERTAIN A MOTION. MS. HAYDEN, I MOVE THAT THE, THE BOARD OF ADJUSTMENT APPROVED THE MINUTES FROM THE NOVEMBER 18TH, 2025 MEETING, SUBJECT TO THE AFFIRMATION CHANGES. IT'S BEEN MOVED TO APPROVE THE MEETING MINUTES AS AS MODIFIED. IS THERE A SECOND? SECOND. MOVED BY MS. UH, HAYDEN, SECONDED BY MS. DAVIS. DISCUSSION OF THE MOTION HEARING. NO DISCUSSION. ALL IN FAVOR, PLEASE. A AYE. AYE. AYE. THOSE OPPOSED MEETING MINUTES ARE APPROVED. FIVE TO ZERO. THANK YOU. NEXT ITEM. THE AGENDA IS A SLIGHT MODIFICATION TO A RULES OF PROCEDURE. AS I MENTIONED IN THE BRIEFING THIS MORNING AT THE FULL BOARD OF ADJUSTMENT MEETING OCTOBER 28TH, THE, THE OFFICERS OF THE BOARD RECOMMENDED A SERIES OF CHANGES TO OUR RULES OF PROCEDURES FOR THE PUBLIC. OUR RULES OF PROCEDURES ARE CREATED BY THE BOARD AND CONFIRMED BY THE CITY COUNCIL. THEY'RE ON OUR BY WEBSITE IN THE DOCKET. PAGES 34 THROUGH 56 ARE OUR RULES OF PROCEDURE. WHAT WE'RE, WHAT'S IN FRONT OF US TODAY IS TO INSERT THREE WORDS AND TAKE OUT 1, 2, 3, 4, 5 WORDS, UM, TO INSERT THE WORD COMMUNITY. THAT THE CITY SECRETARY WILL POINT WE'LL, ASSIGN PEOPLE TO PANELS BASED ON COMMUNITY, SERVED BY INSTEAD OF GEOGRAPHIC AND ETHNIC DIVERSITY OF, UM, THE CHAIRMAN ENTERTAIN A MOTION. MS. DAVIS, I MOVE TO APPROVE THE SORRY, AMENDMENTS TO THE RULES OF PROCEDURES, AMENDMENTS TO THE RULES OF PROCEDURES. IT'S BEEN MOVED BY MS. DAVIS TO, UH, APPROVE THE AMENDMENTS TO THE RULES OF PROCEDURE. IS THERE A SECOND? SECOND. SECOND BY MR. OVITZ, UM, DISCUSSION ON THE MOTION. WHAT I WILL JUST SAY TO THE BOARD, THIS IS JUST LANGUAGE THAT WE'RE TRYING TO MAKE SURE OUR LANGUAGE IS EQUAL TO WHAT IS IN THE CITY CODE UNDER CHAPTER EIGHT. AND SO WE'RE TRYING TO BE CONSISTENT. UH, WE'LL HAVE A ROLL CALL VOTE HERE FOR THIS. MS. DAVIS. AYE MS. MS. HAYDEN AYE. MR. DORN? AYE. MR. KOVI? AYE. UH, MR. CHAIRMAN? AYE. MOTION PASSES. FIVE TO ZERO. ALRIGHT. THE BOARD OF ADJUSTMENTS, UH, PA PANEL A IS APPROVED THE RULES OF PROCEDURE A AMENDMENTS, THIS WILL GO TO PANEL B TOMORROW, AND THEN PANEL C ON THURSDAY IF ALL THREE PANELS APPROVE IT AND IT WILL THEN GO TO AS A RECOMMENDATION TO CITY COUNCIL. AND WE ARE HOPEFUL THEY'LL ADOPT IT AS WELL. ALRIGHT. THANK YOU. OKAY. SO, UH, WE HAVE SIX CASES THAT WE'RE GONNA HEAR TODAY. UM, THE FIRST CASE, UM, IS 4 7 0 1 BENGAL STREET, 4 7 0 1 BENGAL STREET. IS THE APPLICANT HERE? YES, SIR. GOOD AFTERNOON, SIR. GOOD AFTERNOON. HAPPY NEW YEAR. HAPPY NEW YEAR. ABSOLUTELY. GO HOOSIERS, . OKAY. ROCK BALDWIN 3 9 0 4. OKAY. SO IF YOU'D GIVE US YOUR NAME AND ADDRESS AND THEN YOU'LL BE SWORN IN BY A BOARD [00:10:01] SECRETARY ROB BALDWIN. 3 9 0 4 M STREET, THREE B IN DALLAS, TEXAS. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. PLEASE PROCEED. OKAY, ONE SECOND. MR. BALDWIN, UM, SPEAKER SIGNED UP FOR THIS CASE. MS. WILLIAMS. OH, WE GOT OTHER MARY, NO SPEAKER. OH, SO HOLD ONE SECOND, MR. BALDWIN. SURE. NO, THE SPEAKER'S RIGHT. NO, THE SPEAKER'S, RICK. OKAY. THANK YOU MR. BALDWIN. PROCEED. YOU HAVE FIVE MINUTES PLUS OR MINUS. YOU HEARD SOME OF THE QUESTIONS FROM THIS MORNING? YES, SIR. UM, SO, OKAY. UM, A LITTLE BIT CLOSER TO THE MICROPHONE, SO WE HEAR. OKAY. UH, THIS, THIS IS 4 7 0 1 BENGAL STREET, UH, ALSO KNOWN AS 26 10 MCATEE IN CITY PERMITTING RECORDS. SO, NEXT SLIDE PLEASE. THIS IS UP BY THE MEDICAL DISTRICT AND, UH, IT'S, UH, PREVIOUSLY WAS A WAREHOUSE, UH, IN THE FLOOD. OKAY, NEXT SLIDE PLEASE. UM, BUILT IN THE, AS A WAREHOUSE IN THE SIXTIES, UH, BACK THEN, IT WAS IN THE LIGHT INDUSTRIAL DISTRICT. IT HAD NO FRONT YARD SETBACK. SO THAT'S WHY THE, THE BUILDING ALONG, UH, MCATEE STREET IS CLOSER THAN 15 FEET. AND WHY THE SIDE OF THE BUILDING ON THE, UH, DEDICATED BUT UNBUILT BENGAL STREET, EXCEPT FOR THE ONE WE'RE ASKING FOR TODAY IS ON THE PROPERTY LINE BECAUSE IT DIDN'T HAVE SETBACKS WHEN IT WAS BUILT IN THE 1960S. NEXT SLIDE, PLEASE. OKAY. ANYWAY, UM, SO AS, AS YOU HEARD, UM, WE HAVE BEEN, THIS IS THE THIRD TIME WE'VE COME THROUGH WITH, WITH THIS REQUEST ONE, 2011 ONE 2017. UM, THE PERMITS WERE NOT FILED FOR IN THE RIGHT AMOUNT OF TIME IN ORDER TO PERFECT THIS. SO WE'RE BACK HERE AGAIN. A LITTLE SIDE NOTE ON THIS. WE HAVE BEEN WORKING WITH THE CITY OF DALLAS. I I'VE BEEN PART OF IT SINCE PROBABLY 2005, 2006. UH, COULD WE, UH, NEXT SLIDE PLEASE. UM, THERE, THERE HAS BEEN A TALK OF A BRIDGE CONNECTING THIS PROPERTY HERE THAT YOU SEE ON THE SLIDE, WHICH IS THE RESIDENTIAL TO ACROSS CEDAR BRANCH RIGHT NEXT TO THIS BUILDING. WE HAVE TRIED TO, UH, ABANDON THAT PORTION OF BINGLE RIGHT NEXT TO US, BUT WE ALSO OWN THAT PROPERTY, UH, TO THE EAST OF US. THE CITY WOULDN'T LET US BECAUSE OF THE BRIDGE. NEXT SLIDE, PLEASE. UM, AND SO YOU CAN SEE WHERE THE FORMERLY PROPOSED BRIDGE IS. THAT BRIDGE IS NO LONGER IN PLAY. UH, THE NEIGHBORS TO OUR SOUTH DID NOT WANT IT, AND THE CITY COUNCIL MEMBER, UH, KILLED THE BRIDGE. SO THAT BRIDGE IS NOT THERE ANYMORE. BUT BECAUSE OF THAT BRIDGE AND BECAUSE OF OUR LOCATION OF OUR BUILDING AND OUR PROPERTY ON THE OTHER SIDE, WE'VE BEEN IN ACTIVE NEGOTIATIONS AND DISCUSSIONS WITH THE CITY FOR 15 YEARS OVER THIS PROPERTY. WE WANT TO, WE WANTED TO ADD THAT BUILDING THAT WAS BUILT WITHOUT PERMITS, BUT BECAUSE OUR CONTRACTOR DIDN'T GET ENOUGH, BECAUSE WE DIDN'T THINK THAT WE NEEDED THEM, AND, UM, THE CITY WOULDN'T LET US. AND THEY, WE, WE FINALLY, OVER THE LAST EIGHT YEARS HAVE BROUGHT EVERYTHING INTO COMPLIANCE. WE REMOVED BUILDINGS THAT WEREN'T SUPPOSED TO BE THERE, VISIT THE LAST PIECE OF THE PUZZLE THAT WE NEED TO ORDER TO UPDATE OUR CO WE DO HAVE A, A CERTIFICATE OF OCCUPANCY FOR THIS BUILDING, BUT THE CITY WANTS US TO GO THROUGH THIS PROCESS TO UPDATE IT, TO PERFECT IT. SO THEN WE'RE, WE'RE CLEAR AND WE'RE DONE WITH THAT PROCESS AND WE HOPE THAT YOU CAN SUPPORT THIS. UM, AND GOING TO MR. HAYDEN'S, UH, COMMENTS ABOUT THE FLOOD PLAIN, UH, THE, THE FLOOD PLAIN PRETTY MUCH FOLLOWS THE BUILDINGS. UH, I DO NOT HAVE AN EXHIBIT, A GOOD EXHIBIT OF IT, BUT, UH, IT HAS BEEN STEADY AS, AS, UH, CEDAR BRANCH. AND WHEN WE BUILT THE BUILDING TO THE WEST, UH, AT THE BIG WAREHOUSE, UM, WE HAD TO GET THIS, THIS STREAM MODELED. AND, AND IT GOES ALL THE WAY UP THROUGH NEW YORK, UP THROUGH OUR [00:15:01] PROPERTY, AND THEN OVER UNDER KING ROAD. UM, SO A LOT OF THE PROPERTY IS ENCUMBERED BY A FLOODPLAIN. WE DO HAVE AN AWKWARD SHAPE, AND WE HAVE A BUILDING THAT WAS BUILT IN COMPLIANCE. THE MAJORITY OF THE BUILDING WAS BUILT IN COMPLIANCE WITH THE ZONING. IT WAS AT OWN TIME. THE, THIS ADDITION, WE'RE SEEKING YOUR PERMISSION TO, UH, PERFECT US, EVEN THOUGH THEY DID SEND US, THEY GAVE US A BUILDING PERMIT FOR IT IN 2019. WE CAN'T GET OUR CO UPDATED UNTIL THIS IS APPROVED. SO I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. I ALSO HAVE ROBERT MELO WHO, UH, THE ATTORNEY WHO'VE BEEN WORKING WITH THIS AS LONG AS I HAVE, IF YOU WANT TO GET INTO ANY OF THE NITTY GRITTY ON THE CITY, UH, DISCUSSIONS AND ALL THAT, HE CAN HELP WITH THAT. UH, I HOPE YOU CAN SUPPORT THIS. UM, AND YOU CAN SEE BENGAL STREET WILL NEVER BE EXTENDED. IT'LL NEVER BE PAVED OUTTA THE STREET, WILL NEVER HAVE CURB, NEVER HAVE GUTTERS. IT'S JUST A PARKING LOT. IT FLAT THE STREET. THE CITY WILL NOT LET US ABANDON IT. AND SO WE HAVE TO LIVE WITH IT. AND THE MAJORITY OF OUR BUILDING THAT FACES IT, WE BUILT IN COMPLIANCE WITH ZONING ON THE PROPERTY LINE. WE'RE ASKING TO PERFECT OUR, OUR PERMISSION FOR THAT, THAT SMALL EXTENSION ON THE TOP. I'M HERE ANSWERING QUESTIONS AND SO IS ROBERT. THANK YOU VERY MUCH. THANK YOU MR. BALDWIN. QUESTIONS FOR THE APPLICANT, MS. DAVIS. THEN I HAVE MR. HOPKINS, MS. DAVIS, JUST CONFIRMING THE TWO TIMES WHEN YOU DID NOT GET THE BUILDING PERMIT AND TIME, IT'S BECAUSE YOU WERE ARGUING OVER THE BRIDGE. YES, BOTH. BOTH, BOTH. IT'S BEEN OVER 2017 AND 2011, OR? YES MA'AM. I THINK I'M PRETTY CLOSE. YEAH. OKAY. THE CITY REALLY WANTED THAT BRIDGE AT ONE TIME, BUT THEN THE NEIGHBORS, ONCE THAT AREA WAS DEVELOPED AND THERE WAS VOTERS IN THAT AREA, UH, THE DESIRE FOR THAT BIRD WENT AWAY PRETTY QUICKLY. THANK YOU MR. KOVIC. NOW, I'M, I'M A LITTLE CONFUSED. SO TWICE THIS BOARD, AS IT WAS CONSTITUTED THEN APPROVED THIS EXACT REQUEST? YES, SIR. UM, AND WHAT IS THE RE I'M NOT SURE I CONNECT THE DISPUTE WITH THE CITY WITH, WITH WHY THEY DIDN'T THEN FILE WITHIN THE PERMIT. THE, THE, THE PERIOD. WELL, I KNOW AT LEAST ONE TIME THE CITY WOULDN'T LET US FILE FOR UNTIL WE REMOVED SOME, SOME BUILDINGS ON THE OTHER SIDE OF BENGAL. AND THAT TOOK A WHILE TO DO. AND THEN THE SECOND TIME WE, OUR, MY CLIENT TODD TRACY, THOUGHT THAT WE GOT BUILDING PERMITS BECAUSE THE CITY CAME AND DID INSPECTION AND GOT GREEN TAG TO THAT BUILDING. BUT ULTIMATELY THE TURNS OUT THAT THE CONTRACTOR DIDN'T FILE FOR A BUILDING FROM THEM. SO I DON'T KNOW HOW WE GOT GREEN TAG, BUT NEVER SHOWED UP IN THE CITY'S RECORDS. SO WHEN WAS THAT BUILDING? THE, THE ONE AT THE, AT THE EXTREME CORNER? WHEN WAS THAT BUILDING CONSTRUCTED? UH, THE CONSTRUCTED ABOUT 2015. UH, AND THEN SO WHICH CORNER ARE YOU SPEAKING TO MR. HO? THE, THE CORNER OF BENGAL WHERE THAT PARKING LOT IS THE ONE THAT'S LIKE, SO THAT, THAT'S THE NORTHERN PORTION. THE NORTHERN EASTERN SIDE. THE JETS OUT CLOSEST TO THE STREET. THE ONE CLOSEST TO THE STREET. OKAY. YES. NOW I KNOW WHICH ONE YOU'RE TALKING ABOUT. AND SO THE CITY MADE US COME IN AND DO A, A PERMIT FOR IT, EVEN THOUGH IT WAS ALREADY BUILT BECAUSE WE THOUGHT WE HAD A PERMIT FOR IT. AND WE PROCESSED THAT PERMIT. AND IT SHOULD HAVE BEEN IN YOUR, UH, DOCUMENT. I SENT THE COPY OF THE, THE PERMIT APPLICATION TO THE CITY STAFF, AND WE FILED FOR THE PERMIT IN 2019 AND, UH, UH, GOT THAT PERMIT AND NOW WE'RE JUST WAITING TO UPDATE OUR CO TO PERFECT IT. SO, BUT THE BUILDING WAS BUILT IN 2015? YES, SIR. AND SO WHO BUILT THE BUILD BUILDING WITHOUT A PERMIT? OUR CONTRACTOR. CAN YOU GIVE A LITTLE MORE INFORMATION ABOUT HOW THAT HAPPENED? I DID NOT DO THE, I I DID NOT KNOW WHO THE CONTRACTOR WAS, BUT, UH, MY CLIENT TELLS ME HE HIRED A CONTRACTOR TO BUILD THAT BUILDING AND THE CONTRACTOR'S RESPONSIBILITY TO GET THE PERMITS. HE THOUGHT THAT HE GOT THE PERMITS BECAUSE THE CITY CAME DOWN AND DID INSPECTIONS. THE, THE, THE OWNER OF THE PROPERTY. AND I BELIEVE THE TENANT OF THE PROPERTY, THE LAW FIRM DID NOT. YES, SIR. YEAH. THEY, THEY DO, UH, ACCIDENT RECONSTRUCTIONS. AND SO THE, THE WAREHOUSES ARE FULL OF, UH, WRECK CARS. OKAY. SO THEY WERE UNFAMILIAR WITH THE REQUIREMENTS OF PUTTING UP THE BUILDING WITHOUT A PERMIT? WELL, HE THOUGHT HE GOT A PERMIT, DIDN'T, HIS CONTRACTOR WAS SUPPOSED TO GET A PERMIT AND THE CITY CAME BY AND DID INSPECTIONS. OKAY. IS THERE SOMETHING THAT, IS THERE SOME DOCUMENT THAT CAME FROM THE CITY THAT'S RESPONSIBLE FOR HIM BELIEVING HE HAD A PERMIT? NOT THAT I COULD, THAT I CAN LOOK FOR IT. UH, HE, HE SENT ME THE DOCUMENTS HE HAD AND, UM, IT DID NOT INCLUDE THAT PERMIT. OKAY. THANK YOU. SO, [00:20:01] UH, OF COURSE, EVERY CASE THAT THE BOARD HEARS, WHETHER IT'S A PANEL A, B, OR C, WE TAKE, UM, IT'S CIRCUMSTANCES THAT AS PRESENTED AND NO DECISION SETS THAT PRECEDENT. AND WHEN WE MAKE A, A DECISION ON A VARIANCE OR A SPECIAL EXCEPTION, IT GOES TO THE PROPERTY, NOT TO THE CURRENT OWNER, NOT TO THE FUTURE OWNER, BUT TO THE PROPERTY. SO MY HESITATION HERE IS US GRANTING A VARIANCE ON YOUR FRONT YARD SETBACK GOES TO THE PROPERTY, AND ONE, YOU DIDN'T GET THE PERMIT IN THE FIRST PLACE OR THE SECOND PLACE. AND THAT JUT OUT THAT OF THE PICTURES THAT WE SAW THIS MORNING, RIGHT TO THE EDGE OF THE PROPERTY LINE, UM, GIVES ME PAUSE BECAUSE I HAVE TO LOOK BEYOND THE CURRENT PROPERTY OWNER AND THE CURRENT USE. AND AS YOU HEARD THIS MORNING, MR. BALDWIN, MY QUESTION DOVETAILING MS. HAYDEN WAS OKAY, THE FLOODPLAIN, WE HEARD COMMENTS ABOUT, WELL, 65% LOT COVERAGE VERSUS 80% IN AN IR ZONED AREA. WELL, WHAT'S THE IMPACT OF THE FLOODPLAIN? AND I WAS LOOKING AT OUR LITTLE PAN OUT HERE TO SEE HOW MUCH OF THAT'S INTO IT. AND I SAID, WELL, IT WOULD BE NICE TO KNOW WHAT THE ACTUAL, WHAT DID SHE SAY? YOU SAID THE, THE FLOODPLAIN LIMITS AND THE DETAILS AND THE HISTORY AND THE FLOOD PAINT. THAT TELLS ME AS ONE MEMBER, WHETHER OR NOT THIS PROPERTY IS ACCORDING TO OUR CRITERIA, IS SOMEHOW UNABLE TO BE DEVELOPED IN A MANNER COMMENCEMENT WITH OTHERS IN THE SAME ZONING. SO HERE I'M SITTING WITH NO INFORMATION AS IT RELATES TO WHAT THIS FLOODPLAIN IS OR NOT. THE BRIDGE IS NOT OF RELEVANT TO MY DECISION MAKING, IN MY OPINION. UM, EVERY APPLICANT THAT COMES TO US AND PAYS THEIR FEES AND MAKES THEIR CASE AND GETS A AN AFFIRMATIVE DECISION IS TOLD BY THE STAFF, YOU HAVE 180 DAYS TO GET YOUR PERMITS. THERE SHOULD BE NO REASON WHY SOMEONE DOESN'T GET IT. AND YOU CAN COME BACK BEFORE YOUR 180, 180 DAYS AND ASK FOR EXTENSION. 'CAUSE WE GRANT 'EM ALL THE TIME. MM-HMM . SO THE EXCUSES THAT I'VE HEARD DOESN'T CARRY THE WATER OF THE FLOODPLAIN TO BE SOME SMART ASS. BUT THERE'S WHERE I'M AT IN MY MINDSET, I'M TRYING TO SAY AND FIGURE OUT HOW IS THIS 'CAUSE ARE THREE CRITERIA NOT PUBLIC, NOT CONTRARY TO PUBLIC INTEREST, A RESTRICT BUILDING AREA. HMM. I'M WONDERING HOW MUCH, HOW CLOSE TO THE FLOODPLAIN IS THE BACK OF THE BUILDING. WE SAW NO EVIDENCE OF THAT YET FROM ANYWHERE. WE DIDN'T GET TO SEE ANYTHING ABOUT THE BUILDINGS WHERE THE BUILDING'S BUILT IN RELATION TO THIS FLOODPLAIN. UM, AND IT'S NOT DEVELOPABLE. YOU'RE ALREADY, YOU'RE ALREADY BUILT ON IT. SO, AND HOW THAT 15 FEET IN THE FRONT MAKES THE PROPERTY NOT BUILDABLE? I STILL HAVEN'T, I'M STILL NOT THERE. I'M JUST CONVEYING TO YOU MY SERIES OF QUESTIONS THAT ARE UNANSWERED. OKAY. GOT IT. ROBERT MLO? YES, I UNDERSTAND. HI, I AM ROBERT MLO. MY ADDRESS IS 2,500 DALLAS PARKWAY, SUITE 600 PLANO, TEXAS 7 5 0 9 3. YOU'LL BE SWORN IN BY OUR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I SWEAR AND AFFIRM. OKAY. UM, THERE ARE SOME QUESTIONS, THE FACTUAL QUESTIONS THAT YOU HAD THAT I DON'T HAVE AN ANSWER FOR BECAUSE I WASN'T REPRESENTING, UH, UM, THE OWNER OF THE PROPERTY AT THAT TIME. SO I CAN'T TESTIFY OR, OR SPEAK TO THAT EXACTLY. SO, CHAIRMAN, I CAN'T SAY WHY OR WHY NOT SPECIFICALLY SPECIFIC PERMITS WERE OR WERE NOT PULLED ON TIME. UH, I CAN ANSWER THE QUESTION ON THE FLOODPLAIN AND THAT IS, UH, WHEN LLOYD DENMAN WORKED AT THE CITY OF DALLAS OVER IN PUBLIC WORKS, UH, THIS WHOLE BUILDING PLAN WAS PRESENTED TO, UH, HIS DEPARTMENT. AND HE PERSONALLY SIGNED OFF ON A LETTER SAYING THAT THIS BUILDING AS IS NOW COMPLIED WITH THE FLOODPLAIN REGULATIONS, THE FLOODPLAIN. AND YOU HAVE THAT DOCUMENT FOR US. DON'T HAVE IT RIGHT IN FRONT OF ME, BUT I CAN GET IT FOR YOU. OKAY. I MEAN, I DID, I I'M SWEARING TO IT AND I WILL PROVIDE THAT TO YOU. I KNOW, I, I UNDERSTAND, BUT I'M, I KNOW WE, WE, WE OPERATE OFF OF FACTS, NOT JUST SUPPOSITION. NO, I UNDERSTAND. I'LL GET THAT FOR YOU. UM, BUT THAT WAS TAKEN CARE OF. THE ADJUSTED CERTIFICATE OF OCCUPANCY WAS APPLIED FOR, UM, I CAN'T SPEAK FOR WHY A SPECIFIC BUILDING PERMIT WAS APPLIED FOR OR NOT APPLIED FOR. I CAN'T BECAUSE I WASN'T REPRESENTING THEM AT THAT TIME. BUT SINCE THEN, UH, WE HAVE BEEN WORKING WITH THE CITY OF DALLAS FOR QUITE SOME TIME TO GET THIS PROPERTY INTO 100% COMPLIANCE, INCLUDING TEARING A BUILDING DOWN TO THE NORTH OF, OF BENGAL, [00:25:01] UM, AND OTHER C COMPLIANCE ISSUES TO COMPLY WITH THE CITY OF DALLAS CONCERNS. AND, UM, WE'VE DONE EVERYTHING, AND THIS IS THE LAST PROVISION. AND I WANTED TO 0.1 OTHER THING OUT. ALTHOUGH THERE ONE BUILDING WAS CONSTRUCTED, CONSTRUCTED IN 2015 PORTIONS OF THIS BUILDING WERE IN EXISTENCE SINCE THE 1960S AND BUILT INTO WHAT WOULD NOW BE THE BENGAL, THAT SIDE STREET THAT GOES TO THE CREEK, IT WOULD BE BUILT INTO THAT BECAUSE, YOU KNOW, WHEN YOU HAVE TWO STREETS, YOU HAVE TWO FRONT YARDS. AND SO IT WENT INTO THAT AT THE TIME, BUT AT THAT TIME IN THE SIXTIES, AND THERE ARE PORTIONS OF THE BUILDING THAT STILL EXISTS THAT ARE IN THAT SETBACK TODAY, BUT WOULD BE CONSIDERED NON-CONFORMING. AND QUITE FRANKLY, THAT WAS SOME OF THE DISCUSSION WE HAD WITH THE CITY OF DALLAS WAS THAT PORTIONS OF THE BUILDING THAT HAVE BEEN IN EXISTENCE FOR OVER 60 YEARS HAVE BEEN NON-CONFORMING. BUT INSTEAD OF GOING BACK AND FORTH AND ARGUING IT, THE IDEA WAS GO AHEAD AND REAPPLY YES. FOR A THIRD TIME FOR THIS, UH, UM, UH, PROVISION WITH THE BOARD OF ADJUSTMENT TO MAKE THIS 100% CLEAN AND IN COMPLIANCE WITH CITY CODE SO THAT THIS PROPERTY CAN MOVE FORWARD. AND I WILL SAY THAT THAT PORTION OF BENGAL THERE, UM, IS WE HAVE NOT REQUESTED IT BE ABANDONED, BUT UNDER THE DALLAS CODE PROVISIONS, WE COULD REQUEST THAT THAT, UH, STREET BE ABANDONED AT THAT PORTION BECAUSE WE'RE THE LANDOWNERS ON BOTH SIDES OF IT. AND THERE'S A CREEK ON THE OTHER SIDE. SO THERE'S NO OTHER OWNER, UM, THERE IS ONE MANHOLE COVER, SO WE MAY HAVE TO MAKE PROVISIONS FOR THAT. BUT THE REALITY IS, IS THAT THAT PORTION OF BENGAL STREET THAT GOES TO THE CREEK, NO ONE EVER GOES DOWN THERE. THIS IS NOT A REGULARLY ACCESSED, UH, ROADWAY THAT PEOPLE GO BACK AND FORTH ON. AND PORTIONS OF THAT BUILDING HAVE BEEN THERE FOR 60 YEARS. AND I'LL, I'LL, I'LL GET THIS LETTER FROM WHITE DENMAN AND OKAY. STAND FOR ANY QUESTIONS, OTHER QUESTIONS, MR. COP? SO, UM, MY UNDERSTANDING IS THAT THE FACT THAT SOME PORTION OF A BUILDING MAY HAVE BEEN AT ONE TIME CONFORMING OR NOT CONFORMING, ONCE YOU BUILD ONTO, THAT BECOMES A WHOLE NEW BALLGAME. AND SO WHAT IT WAS BEFORE, WHEN IT WAS SOME OTHER TYPE OF A STRUCTURE ISN'T REALLY RELEVANT, I DON'T BELIEVE, UH, THE WAY WE'RE, THE WAY WE LOOK AT THESE KIND OF THING. UM, YOU, YOU, UH, YOUR ADVOCACY FOR THIS, WE BROUGHT UP THIS MORNING ABOUT FLOOD PLAIN INFORMATION. FEMA FLOODPLAIN MAPS ARE AVAILABLE ONLINE. UM, YET BETWEEN THIS MORNING WHEN WE BROUGHT UP THE ISSUE OF FLOODPLAINS AND NOW DIDN'T SEEM WORTHWHILE FOR ANYONE TO GO AND PULL THE FLOODPLAIN MAPS TO BE ABLE TO PREVENT THAT THROUGH US SO WE COULD SEE WHAT WE WERE ASKING ABOUT THIS MORNING. UM, I, I GET THAT YOU'RE WANTING US TO APPROVE THIS SO EVERYTHING BECOMES CLEAN, BUT I'M NOT SAYING WHERE, UH, THE KINDS OF THINGS WE'RE, THE KINDS OF QUESTIONS WE'VE BEEN ASKING ARE BEING, BEING RESPONDED TO. BUT COMMISSIONER, YEAH. UM, I KNOW YOU BROUGHT UP THE FLOOD POINT, BUT I WAS ALSO, MY CASE IS I ALSO HAD A CASE THAT WAS THE LAST ONE YOU DISCUSSED, AND IT GAVE ME 25 MINUTES. IT DID NOT GIVE ME ENOUGH TIME TO GET BACK TO MY OFFICE, GET A FLOOD PLAIN THAT, AND BRING IT TO YOU GUYS. IF IF THIS CASE IS GONNA HINGE ON THAT, THEN I SUGGEST THAT WE MOVE HOLD IT. AND I WILL GO GET THAT LETTER FROM LLOYD DENMAN. I'LL GET A COPY OF THE FLOODPLAIN MAP AND WE'LL BRING IT TO YOUR NEXT MEETING. IT, YOU KNOW, IT'S NOT THAT I DIDN'T HEAR YOU IF I DID NOT HAVE TIME. I UNDERSTAND. UM, MS. HAYDEN, UM, I'LL SAY THIS TO THE PUBLIC, THE BURDEN OF THE PROOF IS ALWAYS ON THE APPLICANT. WE START OFF WITH KNOWING NOTHING. NOW WE COME FROM FOUR CORNERS OF THE CITY, SO WE HAVE SOME IDEA OF EACH AREA OF THE CITY, BUT WE'RE NOT EXPERTS. THE STAFF GIVES US A PRESENTATION, WHICH IS, THAT'S ALL IT'S IS PRESENTATION. THEN THE BURDEN IS ON THE APPLICANT TO BE, TO PROVE THE FACTS AND THEN FOR US TO APPLY THE CRITERIA. SO THE BURDEN IS NOT ON THE BOARD. [00:30:01] I UNDERSTAND. OKAY. YEAH. THAT'S ON ME. AND YEAH, AND I DON'T SEE ANY PICTURES TOO, BECAUSE I'M GONNA GO, UH, MS. HAYDEN IS NEXT, AND THEN I'M GONNA ASK SOME QUESTIONS ABOUT THE FRENCH ALONG, UH, MCKINNEY, MS. HAYDEN. SO, YOU KNOW, AS YOU KNOW, ONE OF OUR CRITERIA IS THAT, UM, THIS DIFFERS FROM OTHER PARCEL OF LAND IN THE RESTRICTIVE AREA SHAPE OR SLOPE AS WE'VE MENTIONED BEFORE. AND SO I THINK WHAT WE'RE ALL GETTING TO HERE IS WE NEED TO PROVE THAT. I, I THINK YOU GUYS NEED TO PROVE THAT. SO WHEN I LOOK AT THE, AT THE MAP AND THE PLA PLAN, UH, PLAN VIEW, THAT'S SHOWN, YOU CAN SEE THE OUTLINE PROBABLY WHAT THE FLOOD PLAIN IS. IS THAT ALSO THE PROPERTY LINE? AND IF NOT, HOW MUCH OF THAT FLOODPLAIN CONSTRICTS THAT PROPERTY? HOW MUCH OF THAT FLOODPLAIN MAKES THIS PROPERTY, YOU KNOW, RESTRICTIVE IN SHAPE OR IN SIZE OR IN SLOPE? SO I THINK THAT'S, THAT'S THE POINT WE'RE GETTING AT, WOULD BE VERY, VERY HELPFUL FOR SPECIFICALLY FOR THAT CRITERIA TO SHOW, OH, HERE THE FLOODPLAIN TAKES UP 30% OF THIS LOT. SO IN THAT CASE, YEAH, I MEAN, I DON'T, I DON'T HAVE A, ANY ISSUE WITH THAT. I CAN GET THAT INFORMATION. I APOLOGIZE. I DIDN'T HAVE IT TODAY BECAUSE I DIDN'T THIS TURN ON THAT, BUT I, I GET IT. OKAY. THANK YOU. AND, AND I, I, I'LL FOLLOW UP A LITTLE BIT ON MS. HAYDEN, BUT SHE NAILED IT. EXACTLY. 'CAUSE THAT GIVES US FACTUAL. UM, AND YOU KNOW, THERE'S A TERM IN REAL ESTATE. I'M NOT A REAL ESTATE GUY BY A CAVEAT. MTOR BUYER BEWARE. WHEN, WHO'S THE OWNER OF THIS PROPERTY CRASH INC. THAT WHO IT IS? YES, SIR. WHEN CRASH INC. WHEN CRASH INC. BOUGHT THE PROPERTY, WHEN DID THEY BUY THE PROPERTY? OKAY, I'LL BE INTERESTED TO KNOW THAT. PLEASE. OKAY. WHEN CRASH INC PURCHASED THE PROPERTY, I'LL BET YOU THAT FLOODPLAIN WAS THERE. YES, SIR. IT WAS. OKAY. BYE. BE AWARE. DON'T . SO THIS LOT THAT YOU SAID IS FARTHER DOWN THAT CAN'T BE DEVELOPED OR OTHERWISE, IF I LOOK AT MY OWNERSHIP MAP MAP AND I ALWAYS LOOK TO SEE THE PROBLEM, AND IT'S THE SAME OWNER, YOU OWN THAT LOT THAT GOES TO THE NORTH, CORRECT. THAT YOU, YOU TRY TO ABANDON YES, SIR. WHEN YOU BOUGHT IT, BUYER BEWARE. I'M, I'M NOT TRYING TO BE AS SMART AS ABOUT IT. I'M JUST SAYING AS A PROPERTY OWNER, WHEN YOU PURCHASE SOMETHING, THE, IT'S INCUMBENT UPON DOING DUE DILIGENCE KNOWING WHAT, HOW YOU CAN UTILIZE THAT PROPERTY, UH, AS OPPOSED TO X NUMBER OF YEARS LATER, AFTER YOU'VE BUILT ON IT TWICE ILLEGALLY TO COME BACK AND SAY, OH, NOW WE WANT TO BE CORRECT. IT'S JUST A HARD REACH BECAUSE WE SEE MORE HOLES THAN WE SEE A SOLID STORY, AT LEAST FOR THIS ONE PERSON. OKAY. I, I COULDN'T DIRECT YOUR CONCERNS IF, IF I CAN'T DO IT TODAY. UH, WHAT OTHER QUESTIONS FOR THE APPLICANT, MR. OVITZ? THE, UM, SO AGAIN, TALKING ABOUT THAT CORNER BUILDING A LITTLE BIT CLOSER TO THE MICROPHONE PLEASE. TALKING ABOUT THAT CORNER BUILDING, THE ONE THAT JUTS OUT THE, CAN WE HAVE A PICTURE OF THAT? DO YOU HAVE A PICTURE ALONG MCATEE? YES, SIR. MR. IF NOT, WE'LL HAVE OUR STAFF BRING IT UP. THERE WAS A PICTURE WE HAD IN OUR BRIEFING THIS MORNING THAT SHOWED THE, THE, THE, UM, PROPERTY THAT JUTS OUT THAT I THINK MR. HOPKINS. YEAH, THE ONE RIGHT AT THE CORNER. CAN YOU PULL IT UP? SLIDE PO. OKAY. THAT'S, THAT'S ONE PICTURE. SO THIS PICTURE HERE IS BENGAL INTERSECTING MCAFEE, CORRECT? CORRECT. BUT KEEP IN MIND THAT BENGAL DEAD ENDS OR TEES INTO THIS, THEN TURNS TO THE LEFT ON THE PICTURE. OKAY. SO MCAFEE ENDS AT THIS INTERSECTION, CORRECT? IT TURNS INTO KINGS ROAD, BELIEVE OR NOT. OH, OKAY. ALRIGHT, LET'S NOT GO THERE YET. CONFUSED. SORRY. SO WE'RE, WE'RE ON, WE'RE ON BENGAL RIGHT NOW, UH, INTO YOUR PROPERTY. YOUR PROPERTY ADDRESS IS BENGAL OR MCAFEE? THERE'S TWO PROPERTY ADDRESSES. SAME BUILDING. 4 7 0 1 BENGAL AND 2 6 1 0 MCATEE. IS THAT ONE? IS THE MCATEE ONE LEGAL? YES, SIR. THERE'S NO, UH, VIOLATION OF THE BUILDING SETBACK. THAT WAS THE ORIGINAL BUILDING. OKAY. THAT, THAT'S THE NON-CONFORMING. OKAY. AND THAT'S PROBABLY THE BUILDING WE'RE LOOKING AT TO THE RIGHT. THAT'S THE ONE TO THE RIGHT. OKAY. SO WE'RE GONNA IGNORE THAT FOR A SECOND. I THINK WHERE WE'RE GOING TO, MR. KOVI QUESTION IS THE BUILDING TO THE LEFT WITH THE RED ROOF, IS THAT WHAT WE'RE TALKING ABOUT? YES, SIR. ALRIGHT. THERE'S ANOTHER PICTURE THIS BOARD ADMINISTER WE HAD THAT DID A CAMERA SHOT, OR MAYBE IT WAS A VIDEO DOWN MCATEE OR BENGAL, WHATEVER THAT IS THAT SHOWED THE JUT OUT, I THINK, OH, QUICK ON THE FINGER, RIGHT? IS [00:35:01] THAT IT? THAT'S IT. IS THAT IT? NO, THAT'S THAT. OH, IT'S, IT'S YOURS. IF YOU GO BACK THAT IT HAS A LONGER VIEW, THAT'S THE CORNER THAT LOOKS INTO OUR NEIGHBOR'S PROPERTY AND I CAN SEE, I CAN'T SEE. THAT DOESN'T HELP ME. OKAY. I DON'T HAVE A, A DID YOU GUYS HAVE ONE THIS MORNING? WE DID HAVE ONE IF YOU WOULD THINK IT WAS IN THE VIDEO. I BELIEVE. I'M NOT TRYING TO HIJACK YOUR QUESTIONS. I'M TRYING TO GET TO WHAT I THINK YOU'RE HEADED TOWARDS IF YOU, IF WELL, NO, NO, THAT'S NOT GOING TOWARDS . OKAY. MEL, WE HAVE A PLAN VIEW IN THIS THAT THOUGH. WELL, THAT'S A, DID YOU SUBMIT THAT TO US? YEAH, THAT THIS IS IN MY PRESENTATION I SENT OUT TO THE CITY STAFF. OKAY. MS. BOARD ADMINISTRATOR. WE DIDN'T GET ANY OF THAT. THIS IS PAGE THREE? YEAH. OKAY. WELL, WE DON'T HAVE ANY OF THAT. OKAY. I THOUGHT THAT EVERYTHING I TURNED IN GOT SENT TO YOU GUYS, BUT HE SAID HE TURNED IT IN. IT WASN'T PART OF THE PRESENTATION. NO, HE SAID HE TURNED THAT INTO YOU. YEAH, I TURNED IT, MY PRESENTATION. OKAY. AND I THOUGHT THAT YOU GUYS GOT THAT ONE. I THOUGHT EVERYTHING I GOT TURNED IN GOT TURNED OVER TO YOU. WELL, OKAY. WELL, WE'RE IN THE DARK RIGHT NOW. SO WE'RE, WE'RE IN THE DARK ABOUT KNOWING WHAT HIS, SO IF YOU COULD GET TO THAT PICTURE FIRST SLIDE THREE, DARK . THE BOARD NEEDS TO GET THE INFORMATION THAT COMES FROM THE APPLICANT. IF, IF THE BURDEN IS ON THE APPLICANT, MR. MINUTE, MR. THOMPSON, IF THE BURDEN IS ON THE APPLICANT AND WE'RE TRYING TO GET THE FACTS AND HE SAYS THAT HE'S GIVEN IT TO US, YOU AND WE DON'T HAVE IT, THEN HOW DO WE EVALUATE THE FACTS? OKAY. WELL, YOU'RE TALKING ABOUT THESE, THESE, UH, THE P THE POWERPOINTS. IN THE FUTURE, I'LL ASK STAFF TO PROVIDE THIS BOARD WITH MY PRESENTATION AND MY PERIOD, AND I'LL MAKE SURE TO GET IT IN TIME TO, UH, GET IN YOUR BACK. IT WOULD BE IN THE APPLICANT'S BEST INTEREST TO ALWAYS MAKE SURE THE BOARD GETS ALL THE FACTS THE APPLICANT WANTS TO PRESENT. MR. CHAIRMAN. YES. UM, THE ONLY ISSUE IS BECAUSE IF THEY SEND IT THE FRIDAY BEFORE THE HEARING, THE DOCKET HAS ALREADY BEEN DISTRIBUTED. OH, I HEAR YOU. SO SURE. THERE'S NO WAY FOR US TO OKAY. PROVIDE IT TO YOU OKAY. PRIOR TO THE HEARING. OKAY. OR YOU COULD GIVE IT TO US NOW. YEAH, I'LL MAKE SURE EITHER TO BRING YOU COPIES OF THIS ALL. SO I'M STILL LOOKING FOR THE PICTURE AND THEN I'LL LET MR. HOP GETS CONTINUED. I DON'T REALLY NEED THE PICTURE TO ASK MY QUESTION. OKAY. THERE, IT'S RIGHT THERE. RIGHT. TERRIFIC. SO THE BUILDING WITH THE RED ROOF YES, SIR. IS THE BUILDING THAT YOU WANT TO GET THE CERTIFICATE OF OCCUPANCY ON? WE HAVE A CERTIFICATE OF OCCUPANCY. WE WANNA UPDATE THE CERTIFICATE OF OCCUPANCY TO COMPLY WITH THE SIDE YARD SETBACK. SO THE BUILDING IS CURRENTLY OCCUPIED? YES, SIR. FULLY? YES, SIR. THAT WAS, THAT WAS WHAT I WAS GOING TO ASK. AND IT HAS A CERTIFICATE OF OCCUPANCY. SO WHAT IS THE, WHAT IS, WHAT IS THE EXACTLY THE DIFFERENCE BETWEEN THE CERTIFICATE OF OCCUPANCY YOU HAVE AND CERTIFICATE OF OCCUPANCY YOU WANT TO HAVE? THE CERTIFICATE OF OCCUPANCY WE WANNA HAVE IS AFTER, SHOULD THIS BE APPROVED TO SHOW THAT WE ARE TOTALLY IN COMPLIANCE WITH CITY REGULATIONS. WHEN THE CITY ISSUED THE CERTIFICATE OF OCCUPANCY FOR THIS PREVIOUSLY THAT THEY MIGHT HAVE ISSUED, ISSUED AN ERROR, BUT IT DOESN'T, DIDN'T INCLUDE THE SIDE YARD SETBACK ON THE BUILDING. AND THAT CERTIFICATE OF OCCUPANCY THAT YOU'RE, THAT THE BUILDING IS CURRENTLY BEING USED UNDER, WHEN WAS THAT ISSUED? I BELIEVE 2020, I BELIEVE. AGAIN, IT'S IN THE MATERIAL. UH, JUNE 30TH, 2020. AND PRIOR TO THAT WAS THE BUILDING OCCUPIED? YES, SIR. SO IT WAS OCCUPIED PRIOR TO THEN WITHOUT A CERTIFICATE OF OCCUPANCY. IT HAD A CERTIFICATE OF OCCUPANCY. IT GOT REVOKED. THE CERTIFICATE OF OCCUPANCY IS REISSUED. LIKE I SAY, WE'VE BEEN WORKING WITH THE CITY A LONG TIME ON THIS. OKAY. I GUESS WHAT I'M ASKED, TRYING TO GET AT, HAS THE BUILDING, SINCE IT'S HAD OCCUPANCY IN IT, HAS IT ALWAYS HAD A CERTIFICATE OF OCCUPANCY? I CAN'T SAY THAT FOR SURE. I CAN SAY THAT WE'VE HAD CERTIFICATE OCCUPANCY ON 47 0 1 BENGAL, UH, THAT I'VE KNOWN OF SINCE ABOUT 2015. THANK YOU. SO IF I LOOK AT THIS PICTURE, MR. UH, BALDWIN, IF I LOOK AT THIS PICTURE HERE, UH, IS THE EDGE OF THE BUILDING THAT I SEE WITH THE RED ROOF ON THE [00:40:01] PROPERTY LINE, I'M TRYING TO LOOK AT WHAT THE ENCROACHMENT IS. IS THAT ON THE PROPERTY LINE? YOU'RE ASKING FOR 15 FEET? IN OTHER WORDS, A ZERO SETBACK? YES, SIR. THAT'S YOUR REQUEST. SO IS THAT 15 FEET I SEE THERE, OR IS THE PROPERTY LINE FARTHER AWAY? IT LOOKS TO ME TO BE ON THE PROPERTY LINE. UH, SO YOU THINK THAT'S A, THAT'S THAT'S ON THE PROPERTY LINE? THAT'S IT. I BELIEVE IT IS, YES. OKAY. BECAUSE THE DRAWINGS THAT, THE ONLY DRAWING WE RECEIVED IS THIS LITTLE, LITTLE SHEET HERE. THAT'S ALL WE RECEIVED. I CAN'T TELL WHAT THE MEASUREMENT IS ONE WAY OR THE OTHER. AND THIS IS ALL WE RECEIVED. I'LL MAKE SURE TO GET YOU AN UPDATED YEAH. ALONG WITH THE FLOOD PLAIN MAP. I'LL GET YOU AN UPDATED SITE PLAN. I DO, I PROVIDED THAT EXHIBIT BECAUSE THAT'S WHEN IT WAS APPROVED TWICE BEFORE AND I WANTED TO KEEP THAT CONSISTENT ALSO. OKAY. ALSO, I JUST WANTED TO SAY, I HAVE THE COPY OF LLOYD DENMAN'S LETTER. IT IS ISSUED ON NOVEMBER 14TH, 2018. OBVIOUSLY IT'S ON MY PHONE. I DON'T HAVE A HANDWRITTEN COPY OF THAT. IF THERE'S ANY WAY THAT I COULD PRINT THAT OUT SO THAT YOU COULD SEE THAT AND HAVE THAT IN YOUR HAND. BUT IT'S THE APPROVAL OF THE FLOOD PLAIN ISSUE. SO I HAVE THAT RIGHT HERE. AND I APOLOGIZE FOR NOT HAVING A WRITTEN COPY OF IT. I DIDN'T ANTICIPATE THAT BEING AN ISSUE TODAY. BUT I DO HAVE THIS HERE IN CASE YOU WOULD LIKE TO SEE THAT. I COULD ALSO EMAIL, I CAN FORWARD THIS EMAIL THAT I HAVE WITH ALL THE DOCUMENTS. IT'S THE VERY FIRST DOCUMENT ON THE LINK AS WELL. SO IF YOU WOULD LIKE THAT, ALTHOUGH THAT'S A TON OF DOCUMENTS WITH ALL THE PERMITS OVER THE YEARS ASKED MONTH, COMPLETE SET OF DOCUMENTS. I MEAN, I, I'VE JUST LET YOU KNOW THAT I DO HAVE THAT. I JUST DON'T HAVE A CAMERA FOR, FOR ANY TOP. YEAH, FOR THAT. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION. OH, WE, NO, WE, AFTER A MOTION, YOU CAN, WE SHOULD HAVE A MOTION ON THE FLOOR. MY BOARD ATTORNEY WOULD SAY, IF SHE ELBOWS ME RIGHT NOW, UH, MS. MS. CARLISLE WOULD SAY SHE WOULD ALWAYS PREFER A MOTION ON THE FLOOR UNLESS WE'RE ASKING QUESTIONS TO STAFF OR THE APPLICANT. SO IF YOU HAVE A QUESTION, WE CAN HAVE QUESTIONS. OTHERWISE WE REALLY PROBABLY SHOULD GO TO A MOTION. BUT, OKAY. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 6 6 HOLD THIS MATTER UNDER ADVISEMENT UNTIL FEBRUARY 17TH, 2026 IN THE MATTER BOA 2 5 0 0 0 0 6 6, A MOTION HAS BEEN MADE BY MS. HAYDEN TO HOLD THIS ITEM UNDER ADVISEMENT UNTIL FEBRUARY 17TH, 2026. IS, IS THERE A SECOND? SECOND. IT'S BEEN SECOND BY MS. DAVIS. DISCUSSION OF THE MOTION, MS. HAYDEN FIRST, THEN MS. DAVIS. UM, UH, THE APPLICANT HAS ALSO REQUESTED THIS HOLDOVER, BUT IN MY OPINION, I FEEL THAT WE NEED ADDITIONAL INFORMATION TO MAKE A DECISION, UH, BASED ON OUR STANDARDS OF REVIEW FOR A VARIANCE. THANK YOU, MS. HAYDEN. MS. DAVIS, I AGREE WITH MS. HAYDEN. I HAVE NO OTHER COMMENTS. THANK YOU MS. DAVIS. OTHER DISCUSSION ON THE MOTION? MR. KOBI? UM, I'M JUST GONNA ADD THAT, UM, IF WE WERE NOT POSTPONING THIS, YOU WOULD NOT HAVE MADE YOUR CASE TODAY. SO, UM, I THINK WE, I, I THINK THERE'S AN AWFUL LOT IN YOUR PRESENTATIONS THAT ARE, I THINK THIS, OR I GUESS THAT THERE, THERE'S LESS FACTS THAN WE NEED TO HAVE. SO I WOULD SUGGEST THAT, UM, WE NEED A, WE NEED A LOT MORE FACTUAL INFORMATION IN ORDER TO APPROVE THIS IN MY, FOR ME TO VOTE TO APPROVE IT. THANK YOU MR. HAVI. OTHER DISCUSSION IN THE MOTION? I WOULD AGREE WITH MR. HAVI. I WOULD VOTE NO TODAY. SO, UH, YOU'VE HEARD FEEDBACK AT THE BRIEFING. YOU'VE HEARD FEEDBACK FROM SEVERAL MEMBERS. UM, THE BURDEN IS ON THE APPLICANT. IT'S IN THE RULES, IT'S IN THE CODE, THE BURDEN'S ON THE APPLICANT. UM, IF YOU WANNA MAKE SURE THAT INFORMATION GETS TO THE BOARD, WHEN YOU TURN IT INTO STAFF, YOU ASK THE STAFF TO MAKE SURE IT GETS TO THE BOARD. WE ARE OPERATING ON THIS LITTLE MAP PAGE ON, I DON'T EVEN KNOW WHAT PAGE IN THE DOC ON PAGE 69 OF OUR DOCKET. THAT'S OUR, THAT'S WHAT WE HAVE. EVERYTHING IS, IS POWERPOINTS THAT CLICK, CLICK, CLICK. IT'S GONE FOR US TO HAVE A HEARING. AND THIS IS ALL YOU'VE GIVEN US. AND, AND, AND [00:45:02] VERY DISAPPOINTED I AM. I'LL SUPPORT THIS MOTION ONLY BECAUSE EVERYONE DESERVES A SECOND SWING, BUT BOY OH BOY. PLEASE COME BACK PREPARED. OTHERWISE, I THINK IT'S A WASTE OF OUR TIME. WE SHOULD JUST DENY IT TODAY. I ALMOST THINK THAT, BUT, BUT I, I'LL GO WITH THE WILL OF THE BOARD. OTHER DISCUSSION OF THE MOTION? UH, THE BOARD SECRETARY WILL CALL THE VOTE. MS. DAVIS. AYE. MS. HAYDEN? AYE. MR. OVITZ? AYE. MR. DOLAN? AYE. MR. CHAIRMAN? AYE. IN THE MATTER BO 8 2 5 0 0 0 0 6 6, THE BOARD OF ADJUSTMENT PANEL A HAS, UH, MOVED AND APPROVED TO HOLD THIS ITEM UNDER ADVISEMENT UNTIL FEBRUARY 17TH, 2026. THAT IS OUR MEETING DATE IN FEBRUARY. OKAY, , I'M JUST GONNA HOPE SO. ALRIGHT. THANK YOU VERY MUCH. WE'LL SEE YOU THEN. NEXT ITEM FOR THE BOARD IS, UM, BO A 2 5 0 0 0 0 8 4. THIS IS AT 4 3 4 2 BLUFF VIEW BOULEVARD IS THE APPLICANT HERE. OKAY. ARE OKAY. OKAY. ALL RIGHT. SO HOLD ON ONE SECOND. UM, YEAH, YOU WANNA TURN THAT ON? UM, MS. WILLIAMS, WHAT SPEAKERS DO WE HAVE, UH, REGISTERED FOR? UH, 2 5 0 0 0 0 8 4. UM, ONLY THE REPRESENTATIVE OR ACTUALLY THE PROPERTY OWNER, MS. RUBIO, IS NOT COMING, IS THAT CORRECT? OKAY. ALRIGHT. SO IS HE REGISTERED TO SPEAK? OKAY SIR, WELCOME. IF YOU GIVE US YOUR NAME AND YOUR ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN. MY NAME IS ALESSIO RETO AND THE ADDRESS IS 4 3 4 2 BLACKVIEW BOULEVARD. DO YOU SWEAR OR AFFIRM IN YOUR TESTIMONY TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? I DO. PLEASE PROCEED. HOLD ON ONE SECOND, SIR. ONE SECOND. BOARD MEMBERS, I'M GIVING YOU FEEDBACK THAT, UH, GAVE YOU THIS AFTERNOON OR THIS MORNING'S FOR AND AGAINST ON EIGHT FOUR. I'M PASSING IT BACK DOWN. OKAY. ALRIGHT, PROCEED SIR. OUR RULES OF PROCEDURES CALL FOR YOU TO BE ABLE TO GIVE A FIVE MINUTE PRESENTATION. YOU'RE WELCOME TO TAKE AS MUCH AS REASONABLE TIME JUST AS, JUST AS LONG AS YOU'RE NOT REDUNDANT. SO TAKE IT AWAY. I'M GONNA TRY TO MAKE IT VERY SHORT. SO I LISTENED TO THE DISCUSSIONS THIS MORNING, SO I WOULD LIKE TO CLARIFY FOUR THINGS. OKAY. NUMBER ONE, THE MOST OBVIOUS ONE, WHY ARE WE APPLYING FOR A PERMIT AFTER BUILDING THE STRUCTURE? I'M THE OWNER. I APOLOGIZE. I LEARNED THAT WE NEEDED A PERMIT AFTER WE MOVED IN. SO I, WE ASKED THE BUILDER TO BUILD THE, THE SCREEN. HE DIDN'T MENTION ANYTHING TO US. UM, THE STRUCTURE, THE SCREEN IS COMPLETELY OVER THE CONSTRUCTION LINE. SO THE ENTIRE STRUCTURE IS IN VIOLATION AS THE HEIGHT, UH, THE HEIGHT, UH, DO YOU HAVE A PICTURE BY ANY CHANCE THAT YOU CAN PUT THAT WILL HELP ME A LITTLE BIT? SO THE ACTUAL STRUCTURE IS SEVEN FEET, FOUR INCHES. IT SITS ON A METAL. UM, SUPPORT THE SUPPORT BECAUSE THE, THE LOT IS SLIGHTLY SLOPE IS BETWEEN TWO AND THREE INCHES FROM THE GROUND. OKAY. SO THE TOTAL, THE TOTAL HEIGHT FROM THE GROUND IS BETWEEN SEVEN SIX AND SEVEN SEVEN. UM, THE UH, LAST THING I WOULD LIKE TO CLARIFY IS ABOUT THE SIGN. UH, I HEARD THERE WAS A LOT OF DISCUSSION ABOUT THE SIGN, SO I'M NOT CONTESTING ANY OF THE DISCUSSION YOU GUYS HAD. I JUST WANTED TO GIVE YOU A PIECE OF INFORMATION. UH, MR. CHAIRMAN, SINCE I UNDERSTAND YOU WERE INVOLVED IN THE DESIGN OF THE SIGN, THE SIGN THAT WE WERE GIVEN IS ONLY ONE PIECE IS NOT DOUBLE PRINTED. THERE'S PRINT ONLY ON ONE SIDE. SO HOLD ON A SECOND. THAT IS NOT POSSIBLE. THE SIGNS ARE DOUBLE BESIDE. UH, OH. I CAN SHOW YOU A PICTURE OF, DOES THE SIGN HAVE A GAVEL? UH, LIKE A DOUBLE A GAVEL, A LIKE A JUDGE'S GAVEL? NO, THAT'S AN OLD SIGN. THEN THE NEW SIGNS ALL HAVE THE GAVEL AND THEY'RE DOUBLE-SIDED. THEY HAVE THE WRONG PHONE NUMBER ON IT AND DON'T HAVE THE [00:50:01] INTERNET ON IT. OH MY GOD. OKAY. OKAY. THE SIGN, EXCUSE US ONE SECOND. A LITTLE BIT OF HOUSE DIRTY WORK HERE. OKAY. OH MY GOSH GUYS. SO WE'RE, WE'RE GONNA TAKE CARE OF OUR, OUR HOUSEKEEPING BUSINESS SEPARATE FROM THE HEARING. SO, UH, I DO NOT THINK, YES, THERE WAS A CONCERN ABOUT THE POSTING OF THE SIGN THIS MORNING AND OUR BOARD ATTORNEY ADVISED US THE RULES ASSOCIATED WITH A VISIBLE SIGN. IT SPOKE TO ADJACENCY TO THE CITY. TO THE, TO THE STREET. UH, WE, WE, AS I SAID THIS MORNING, WE WILL STILL CONDUCT THE HEARING. IF THE BOARD IN ITS JUDGMENT FELT THERE WAS A VISIBILITY ISSUE, THE BOARD WOULD MAKE A MOTION AND DETERMINE AS SUCH. UH, MY SENSE IS THE BOARD IS NOT GONNA DO THAT, BUT THE BOARD CAN VOTE THE WAY THEY WANT TO. SO, UM, AS IT RELATES TO THE SIGN POSTING, I THINK IT'S A NON-ISSUE. UNLESS THERE'S A THREE TO TWO VOTE SAYING IT'S AN ISSUE. BUT I'M GONNA TURN MY HEAD HERE AND LOOK. I DON'T THINK IT'S AN ISSUE. SEE, SO THEREFORE, SO I DON'T THINK THE SIGN'S AN ISSUE RIGHT NOW. YES, WE HAVE AN ISSUE OVER HERE WE'LL DEAL WITH SEPARATELY. I I JUST WANTED TO PROVIDE YOU THE INFORMATION FOR YOU. I, AND I APPRECIATE THAT VERY MUCH. VERY MUCH. LIKE WE SAID IN THE PREVIOUS CASE, THE BOARD WANTS TO KNOW ALL THE FACTS FROM THE APPLICANT. YES. UM, YOU'RE DISAGREEING WITH ME ABOUT THE ISSUE ASIDE, . NO, NO I'M NOT. BUT THE APPLICANT I BELIEVE JUST SAID OFFENSE IS HIGHER THAN SEVEN. WELL, WE GOTTA LET HIM FINISH HIS PRESENTATION. LET HIM FINISH. I THOUGHT HE, OH, I THOUGHT, I THOUGHT HE HAD NO, HE FINISH HIS PRESENTATION. THE ONLY REASON I CUT HIM OFF WAS HE MADE A COMMENT ABOUT WHAT HE WAS GIVEN AND I WANTED CLARIFICATION FOR FACTS. 'CAUSE WHAT WE'RE SUPPOSED TO OPERATE IN IS FACTS HERE. SO WE'LL ADDRESS THAT IN QUESTION AND ANSWER, UM, MR. DO'S COMMENT FROM THIS MORNING. UM, SO WE'LL DEAL WITH THIS ISSUE IN A LITTLE BIT. ALRIGHT, CONTINUE YOUR, WITH YOUR PRESENTATION, SIR. I, I AM BASICALLY DONE. SO THERE WAS A CLERICAL, THE ARCHITECT WHO DREW THE, UM, THE, THE SPEC FOR MADE A CLERICAL MISTAKE AND LIKE, I APOLOGIZE THAT THEY, WE, WE SUBMITTED TWICE. THE FIRST ONE WAS CORRECT, BUT, UH, IT DIDN'T MEET THE SPECIFICATION. SO WE RESUBMITTED AND, UH, OKAY. UH, ONE SECOND HERE. I WANNA MAKE SURE HE'S FINISHED BEFORE WE DO QUESTIONS. SORRY, ARE YOU, ARE YOU COMPLETE, SIR? I'M COMPLETELY FINISHED. OKAY, VERY GOOD. ALRIGHT, SO OUR PROCESS IS AFTER THE APPLICANT MAKES A PRESENTATION, THEN WE ASK QUESTIONS AND THAT SORT OF THING. ALRIGHT. QUESTIONS FOR THE APPLICANT IN, UH, BO 8 2 5 0 0 0 84. MR. HOPKINS, UM, SORRY I INTERRUPTED YOU EARLIER. NO. UM, IS DEFENSE TALLER THAN SEVEN FEET? YES. MR. CHAIRMAN, DID WE NOT NOT DISCUSS THIS MORNING THAT WE COULD NOT APPROVE ANYTHING HIGHER THAN A SEVEN ? UH, OKAY, SO IT, IF THERE IS A, UH, CONFUSION ABOUT WHAT THE APPLICANT IS REQUESTING VERSUS WHAT WAS RECEIVED BY THE STAFF AND ADVERTISE, WE NEED TO DETERMINE IF THEY'RE OR NOT THE SAME. WE AS A BOARD CANNOT APPROVE SOMETHING BEYOND WHAT WAS ADVERTISED. SO IF SEVEN FOOT WAS ADVERTISED, THAT'S THE MOST WE COULD APPROVE. IF, UH, WE COULD APPROVE FOUR FEET OR FOUR FEET ONE INCH, BUT WE COULD NOT APPROVE OVER SEVEN. MR. DORAN'S QUESTION FROM THIS MORNING ONCE WE GOT INFORMATION WAS THAT IT WAS A REQUEST FOR SEVEN, SIX FEET, SEVEN FOOT SIX INCHES. ALRIGHT, SO IT SOUNDS LIKE WHAT YOU JUST SAID TO MR. HAVI IS THERE WAS A CLERICAL ERROR ON THE ARCHITECTS. OKAY. AND SO I GUESS THE QUESTION IS, WHEN YOU SUBMITTED TO THE STAFF, WHAT IS THE HEIGHT OF THE FENCE YOU SUBMITTED FOR? SEVEN SIX? SEVEN SIX. OKAY, SO MS. BOARD ADMINISTRATOR, WE ARE CONFUSED AGAIN. SO THE APPLICATION WAS FOR SEVEN SIX. AS STATED DURING THE REVIEW PROCESS, MY PROJECT COORDINATOR SENT THE EMAIL ASKING FOR CLARIFICATION AFTER SHE ACTUALLY DID THE MEASUREMENTS. UM, SHE STATES THE APPLICATION INDICATES SEVEN FEET, SIX INCHES. THE SITE PLAN INDICATES, UM, A SIX FOOT FENCE. THE FENCE ELEVATIONS INDICATE A SEVEN FOOT FENCE. PLEASE [00:55:01] PROVIDE OR PLEASE CONFIRM THE CORRECT MEASUREMENTS AND PRO PROVIDE REVISIONS. ON DECEMBER 5TH, WE RECEIVED THE RESPONSE. HI DIANA, I HAVE ATTACHED THE REVISED DOCUMENT. THE SEVEN FOOT FENCE ELEVATIONS ARE CORRECT. COULD YOU RESPOND TO THAT PLEASE? THE, YOU ARE CORRECT ON THE FACTS. OKAY, SO SHE'S CORRECT ON WHAT FENCE? SO THAT THE RESPONSE, THE, THE APPLICATION WAS MADE BY THE BUILDER. OKAY. SO THEY ADMINIS THE ASSISTANT OF THE BUILDER WAS IN CORRESPONDENCE, UH, WITH YOU AND, UH, SHE DIDN'T CHECK. OKAY, SO YOU'RE MR. SERRETO? YES. IT'S YOUR SIGNATURE ON THIS APPLICATION. YEAH. AREN'T, DIDN'T YOU FILL OUT THE APPLICATION AR LESSO SERRETO? YES. AND IT SAYS YOU WERE, YOU GOT, THIS SAYS YOU WERE SWORN ON AUGUST 15TH, 25TH. SO THIS IS YOU AND THIS SAYS SEVEN SIX. SO I'M, WE'RE CONFUSED. WHAT ARE WE SPO WHAT ARE WE SUPPOSED TO LISTEN TO WHEN YOUR DRAWINGS? IT SAYS SEVEN HERE. OH, I KNOW, I KNOW. AND YET IN THE EMAIL YOU RESPONDED BACK SEVEN IS CORRECT YET THAT YOU SUBMITTED SEVEN, SIX. SO TELL, SO WHICH IS CORRECT, WHICH IS WRONG? IT'S SEVEN SIX. SO THE STRUCTURE, OH, THE PICTURE IS GOT, SO THIS IS A, A PRIVACY SCREEN, OKAY. YES. IT'S BUILT ON TOP OF A, A METAL FRAME. SO FROM THE TOP TO THE BOTTOM OF THE METAL FRAME, IT'S SEVEN FOUR, BUT THE FRAME IS SITTING ABOUT TWO INCHES FROM THE GROUND. SO WE SHOULD IGNORE THIS WHAT YOU SUBMITTED THE CITY THAT SAYS SEVEN. THAT'S CORRECT. OKAY. SO, ALRIGHT, THANK YOU. WHAT QUESTIONS DO WE HAVE? SEVEN. SO THE MOST WE COULD DO, IF WE WERE TO, IF WE WERE TO APPROVE SOMETHING TODAY, THE MOST WE COULD DO WITH SEVEN MS. DAVIS, I'M NOT SURE WHO THIS QUESTION IS FOR, BUT WHEN YOU MEASURE A FENCE, ARE YOU MEASURING FROM THE, BECAUSE HE'S SAYING HE'S MEASURING FROM THE FRAME, WHICH IS A LITTLE BIT HIGHER. DON'T YOU MEASURE JUST THE TOP PART OF THE FENCE AND THAT'S THE LEGITIMATE HEIGHT OF THE FENCE. OKAY, WAIT A MINUTE, MS. DIANA ON THE RECORD. I GO AHEAD. UM, FROM GRADE TO THE TOP OF THE FENCE, CORRECT? UH, GRADE THE GROUND, CORRECT? THAT THAT'S THE WAY I MEASURED IT. UM, THE, THE, THE LOT IS ON A SLIGHT SLOPE, SO, OKAY. IT'S NOT A CONCEPT. UH, OKAY. ALRIGHT, WHAT OTHER QUESTIONS TO THE APPLICANT? COULD I ADD ONE THING? SO I UNDERSTAND THAT OUR APPLICATION IS NOT CORRECT. SO, UH, COULD WE AMEND THE APPLICATION OR RESUBMIT THE APPLICATION? UH, YOU COULD, BUT I THINK WE'RE GONNA TAKE ACTION TODAY AND THEN YOU CAN MAYBE DO THAT. OKAY. BUT YES, YOU CAN, BUT IT COULDN'T BE AMENDED HERE ON THE SPOT UNLESS YOU AMENDED IT DOWN TO SEVEN BECAUSE UNDER OUR RULES WE CANNOT APPROVE ANYTHING MORE THAN SEVEN. UH, WE COULDN'T EVEN CONSIDER ANYTHING MORE THAN SEVEN BECAUSE THAT'S WHAT WE ADVERTISE TO THE PUBLIC, CORRECT? CORRECT. SO CAN I ASK FOR A CLARIFICATION? DOES THAT MEAN THAT THE, IF I SUBMIT ANOTHER APPLICATION THAT HAS 7.6 AND THEN YOU ADVERTISE 7.6, THAT WILL BE THE LIMIT THAT YOU CAN APPLY. UH, WE CANNOT CONSIDER SOMETHING MORE THAN WHAT WAS ADVERTISED EITHER BY NOTICE AND BY THE PAPER AND BY THE AGENDA AND THAT SORT OF THING. SO WE COULD APPROVE 6.2 OR SIX SIX INCHES, UH, SIX FOOT 11 INCHES, BUT WE COULDN'T DO SEVEN FOOT ONE INCH BECAUSE THAT'S THE LIMITATION. I UNDERSTAND. BUT YES, YOU HAVE THE RIGHT TO RESUBMIT ANY TIME, BUT YOU CAN'T DO IT ON THE FLY HERE UNLESS YOU ASK FOR IT LESS THE PROBLEM. WHEN YOU A, WHEN AN A WHEN AN APPLICANT ASKS FOR IT LESS, WE, WE WANNA APPROVE A DRAWING SO THAT BUILDING INSPECTION CAN APPROVE AGAINST THE DRAWING THAT WE APPROVED. SO IT'S VERY, IT'S VERY, WE ARE VERY CAUTIOUS ABOUT APPROVING SOMETHING ON THE FLY. I UNDERSTAND. OKAY, THE CHAIRMAN ENTERTAIN A MOTION. MR. HOPKINS, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO FIVE DASH 0 0 0 8 4 ON APPLICATION OF NATALIE RUBIO. DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT CONSTRUCT AND OR MAINTAIN A SEVEN FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BO OA 2 5 0 0 0 0 84. MR. HVI HAS MOVED TO DENY THE REQUEST WITHOUT PREJUDICE. IS THERE A SECOND, SECOND, SECOND BY MR. MS. DAVIS DISCUSSION ON THE MOTION. MR. [01:00:01] HOPS? UM, WE REALLY DON'T HAVE A LOT OF CHOICE BUT TO DO THIS. UH, YOU OF COURSE ARE FREE TO REAPPLY IF YOU SO CHOOSE TO DO SO, BUT, UM, WE DON'T HAVE A LOT OF OPTIONS. NO, I UNDERSTAND. I ABSOLUTE THANK YOU FOR YOUR TIME MS. DAVIS. I'M SUPPORTING THIS MOTION BECAUSE I, I DON'T BELIEVE IT MEETS THE CRITERIA, WHICH IS THAT IT DOES NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. UH, YOU KNOW, WHEN WE LOOKED AT THE VIDEO AND WE LOOKED AT THE PHOTOS, THERE'S NOT A SCREEN LIKE THIS ON ANY OTHER HOUSE. THERE'S SOME FENCING I SAW SOME HIGH FENCING, LOW FENCING, BUT NOTHING BLATANTLY RIGHT IN FRONT OF THE PROPERTY. SO THAT IS ONE REASON. NUMBER TWO, THE DATA WE RECEIVED WAS INCONSISTENT. BUT QUITE HONESTLY, EVEN IF THE DATA WAS CORRECT, I I WOULDN'T HAVE APPROVED THIS BE SPECIFICALLY BECAUSE THAT IS THE CRITERIA. IT'S RIGHT IN FRONT. IT'S, UH, IT, IT IS NOT CONSISTENT WITH CONSISTENT THE THEME, THE THE VIBE OF THE NEIGHBORHOOD. SO THAT'S WHY I'M NOT, THAT'S WHY I'M SUPPORTING THIS MOTION. THANK YOU MS. DAVIS OF THE DISCUSSION AND THE MOTION. I'LL BE SUPPORTING THE MOTION TO DENY WITHOUT PREJUDICE. UM, FOR MOST OF WHAT, WHAT HAS ALREADY BEEN SAID, UM, IT'S A BIG NO-NO TO BUILD SOMETHING WITHOUT A PERMIT. A PROPERTY OWNER IS RESPONSIBLE FOR THEIR CONTRACTOR. IT IS NEVER AN EXCUSE, PERIOD, THE END NEVER. WE HEAR IT ALL THE TIME. WE SAY THE SAME THING EVERY TIME. YOU KNOW, THE, THE CONTRACTOR IS THE OWNER WHEN YOU GO DO THINGS OR DON'T DO THINGS, UH, THAT'S NUMBER ONE. BUT THAT ALONE WOULDN'T SWAY MY VOTE IN TOTAL. UH, I ABSOLUTELY BELIEVE THAT GRANTING THIS WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY. MY FROM THE DATA THAT WE WERE GIVEN, UH, FENCES OR SCREENS ARE NOT PREVALENT, LET ALONE ANYWHERE ALONG YOUR STREET. AND THAT WOULD ADVERSELY AFFECT NEIGHBORING PROPERTIES. SO, UH, I WON'T SUPPORT, I'LL SUPPORT THE MOTION OF DENIAL TODAY. I DON'T SUPPORT THE IDEA OF HAVING A FENCE IN THE FRONT YARD OR A SCREEN IN THE FRONT YARD. AND ON TOP OF ALL THAT, YOU'D DESTROY YOUR ENTIRE CREDIBILITY BY GIVING TWO OR THREE DIFFERENT VERSIONS OF FACTS TO OUR STAFF THAT ARE CONFUSING US AND ALL THAT SORT OF THING. RESPONDING TO AN EMAIL, SUBMITTING ONE THING, SAYING ANOTHER. SO, UM, AND WE'RE SUPPOSED TO RE DEAL WITH FACTS. AS YOU HEARD IN THE PREVIOUS CASE, WE TRIED TO, WE STRUGGLED FOR THE LACK OF FACTS. SO OTHER DISCUSSION ON THE MOTION, THE MOTION ON THE FLOOR IN BO OA 2 5 0 0 0 0 8 4 IS TO DENY. NOW BY VIRTUE OF THE MOTION THAT IS PENDING WITHOUT PREJUDICE, MEANS YOU CAN REFILE A CASE TOMORROW IF THE MOTION WAS MADE WITH PREJUDICE. YOU COULDN'T REFILE FOR TWO YEARS. SO YOU CAN REFILE ANYTIME YOU WANT IF THE BOARD DECIDES THIS. THAT'S WHAT WITHOUT PREJUDICE MEANS, CORRECT. OKAY. AM I ALLOWED TO ASK ONE CLARIFYING QUESTION? I'M SORRY. CAN I ASK ONE CLARIFYING QUESTION? OF COURSE. UH, TO MISS, I APOLOGIZE. I DON'T HAVE MY GLASSES SO I CAN IF, UM, SO THERE ARE SEVERAL THINGS IN THE NEIGHBORHOOD THAT ARE NOT EXACTLY GOING FORWARD. SO I'M TRYING TO, UH, GATHER SOME INFORMATION ABOUT HOW WE ARE GOING TO, WHAT KIND OF INFORMATION YOU WOULD LIKE US TO COLLECT TO APPLY AGAIN, BECAUSE THEY, THEY, THEY SORT OF, THE WAY THE SCREEN IS SET UP, IT DOESN'T REALLY OBSCURE THE NEIGHBORS VIEW ACROSS. AND, UH, SO TWO OF THE NEIGHBORS IN FRONT OF US ALSO HAD SORT OF PRIVACY SCREENS. SO I'M TRYING TO UNDERSTAND HOW TO POSITION THE APPLICATION. SURE. I, I'LL ANSWER HOW I WOULD'VE DONE IT. IT'S SORT OF PERSONAL. SO I MEAN, SOME THINGS YOU COULD HAVE DONE, YOU COULD HAVE GOTTEN MORE NEIGHBORHOOD SUPPORT. THERE WERE A COUPLE OF LETTERS. I MEAN, YOU COULD GO OUT AND GET A TON OF NEIGHBORHOOD SUPPORT. YOU COULD ALSO SHOW, AND YOU DIDN'T REALLY HAVE A PRESENTATION, SO WE DIDN'T SEE ANY VISUALS FROM YOU. IF YOU'RE SAYING THAT OTHER PEOPLE DO HAVE THIS, WE WOULD NEED TO SEE THAT DOCUMENTATION AND WE'D WANNA SEE IT VERY SPECIFICALLY WITH HEIGHTS WHERE THEY ARE, YOU KNOW, WE DON'T WANNA SEE A HOUSE THAT'S TWO BLOCKS OVER IF IT'S THE HOUSE ACROSS THE STREET OR HOUSE NEXT TO YOU. WE NEED TO SEE THOSE SPECIFICS. DOES THAT ANSWER YOUR QUESTION? YEAH. THANK YOU. ANY OTHER DISCUSSION ON THE MOTION? YES, I JUST, FOR INFORMATIONAL PURPOSES, I'LL MAKE SURE THAT THE APPLICANT KNOWS THAT IF HE REAPPLIES HE WILL COME BACK TO THIS PANEL. OH YES. OUR RULES OR PROCEDURE ARE SUCH THAT WHEN THERE'S ANY ACTIVITY RELATING TO A PROPERTY, IT COMES BACK TO THE SAME PANEL. IF THERE'S ACTIVITY WITHIN THE PREVIOUS FIVE YEARS, IT'S, SO THERE'S A CONSISTENCY IN THE INFORMATION AND THE JUDGMENT, SO. OKAY, THANK. ALRIGHT. THE MOTION ON THE FLOOR IS TO DENY WITHOUT PREJUDICE AND BO OA 2 5 0 0 0 0 84. THE BOARD SECRETARY WILL CALL THE VOTE. [01:05:04] MS. DAVIS. AYE. MR. BOURNE? AYE. MS. HAYDEN AYE. MR. KO VOTES? AYE. MR. CHAIRMAN? AYE. MOTION TO DENY WITHOUT PREJUDICE PASSES 5 2 0 IN THE MATTER OF BO OA 2 5 0 0 0 0 84. THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE, DENIES THE REQUEST WITHOUT PREJUDICE. UH, YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR. THANK YOU, SIR. THANK YOU. HAVE A GOOD AFTERNOON, UHHUH. OKAY, GOOD. THANK YOU. ALL RIGHT. WE JUST TOOK CARE OF OUR HOUSEKEEPING. WE'RE ALL SMILES. UH, NEXT CASE BEFORE THE BOARD IS, UM, BO OA 2 5 0, EXCUSE ME, BO A 0 0 0 0 8 5. THIS IS AT 1 0 2 2 8 INWOOD ROAD, 1 0 2 2 8. INWOOD ROAD IS THE APPLICANT HERE. GOOD AFTERNOON. OH, GOT A BLUE SLIP. MS. BOARD ADMINISTRATOR, HOW MANY BOARD SECRETARY, HOW MANY, UH, SPEAKERS DO WE HAVE REGISTERED FOR? UM, 85. THE APPLICANT. JUST THE APPLICANT. OKAY. SO ONE SECOND, LET ME GET MY DEAL HERE. THAT GOES OVER YOU. OKAY. ALL RIGHT. SO I'M PASSING DOWN TO BOARD MEMBERS THE, ANY INFORMATION THAT WE'VE RECEIVED FROM THE PUBLIC, UM, THAT WAY. ALRIGHT, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN. JENNIFER, YOUR MOTO 1 0 2 3 3 EAST NORTHWEST HIGHWAY IN DALLAS, 7 5 2 3 8. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, PLEASE PROCEED. THANK YOU. UH, GOOD AFTERNOON. UM, NEXT SLIDE PLEASE. UM, THIS IS A REQUEST FOR AN EIGHT FOOT TALL OPEN BROAD IRON FENCE, UM, IN THE FRONT YARD SETBACK, UM, AT THIS PROPERTY. CAN YOU HEAR ME OKAY? A LITTLE BIT. CLO IS IT ON? IT IS ON, YES. OKAY. UM, THIS IS A REQUEST FOR AN EIGHT FOOT TALL WR IRON FENCE, UM, IN THE FRONT YARD. UH, NEXT SLIDE PLEASE. I HAD PROVIDED ADDITIONAL INFORMATION. UM, THIS MAY OR MAY NOT HAVE BEEN IN YOUR MATERIALS BECAUSE OF CHRISTMAS HOLIDAY. UM, IT MAY BE FLOATING ON THE INTERNET, BUT I DID TRY TO SUBMIT THIS, THIS MAY HAVE ANSWERED SOME OF THE QUESTIONS THAT YOU MAY HAVE HAD. WE DID NOT RECEIVE THIS. MY APOLOGIES. UM, SO HOLD ON A SECOND. DID YOU SUBMIT IT TO STAFF? YES, SIR. THIS MAY BE ONE OF THOSE THINGS THAT BECAUSE OF THE HOLIDAYS IT DIDN'T TRUE. YOU GOT THIS, THIS IS NOT IN THE DOCKET. OH. OH, OKAY. IT WAS DUE ON THE DAY AFTER CHRISTMAS, BUT THE DOCKET CLOSED A WEEK BEFORE, SO THIS CLEARLY HAD PLENTY OF TIME FOR 20TH OF JANUARY. THAT'S OKAY. I CAN WALK THROUGH IT. OKAY. UM, SO THE LEASE, HOLD ON ONE SECOND. YES, SIR. WE GOTTA GET THE INFORMATION. THIS IS DATED JANUARY, DECEMBER 26TH. TODAY IS JANUARY 20. THAT IS ALMOST FOUR WEEKS. THE BOARD HAS TO GET INFORMATION FROM APPLICANTS THAT ASK FOR US TO DECIDE ON THEIR REQUEST. RIGHT. SO I'M UNDERSTAND, AND IT WILL BE WITH US NOTING OR TRANSITION TO . THAT'S NOT FAIR TO THE APPLICANT. I AGREE. SO WE WERE INSTRUCTED TO ATTACH CASE REPORT AND SITE PLAN. THAT WAS IT. WELL, WHO TOLD YOU THAT? I'LL TALK TO HIM JUST DURING OUR, UM, TRAINING, HOW I GUESS OTHER BOARDS AND COMMISSIONS ATTACH THEIR DOCUMENTS TO THE ITEM AND MAKE IT START. SO GOING FORWARD, WE WILL, THE BOARD NEEDS, NEEDS, EVERYTHING THAT COMES FROM THE APPLICANT. IF WE ARE TO TELL THE APPLICANT THAT THE BURDEN OF PROOF IS THEIRS, WE HAVE TO BE RECIPIENT OF WHAT THEY'RE TRYING TO PROVE. OTHERWISE, THAT'S NOT FAIR TO THE APPLICANT. OKAY. GO AHEAD. YES, SIR. I'M, I'M HAPPY TO WALK YOU THROUGH THIS. UM, UH, THE PURPOSE OF THE REQUEST, UM, THE HOMEOWNER, UM, WAS NOT A VICTIM OF A CRIME, BUT THE, UM, THERE WAS A BURGLAR THAT DROPPED HIS GUN IN THE FRONT YARD. SO SHE'S VERY ALARMED AND CONCERNED ABOUT HER SAFETY LIVING, UH, THIS PROPERTY. UM, THE CHART THAT YOU CAN'T READ VERY CLEARLY, UM, IS A SURVEY OF FENCE SITES AND THE SURROUNDING PROPERTY THAT I CONDUCTED. UM, IF WE'LL GO TO THE NEXT SLIDE, PLEASE. [01:10:02] THE NEXT SLIDE HAS A ZONING MAP AND, OH, NO, SORRY. UH, THIS, OH, I REACHED OUT TO THE NEIGHBORS TWICE. SO THE NOTIFICATION AREA, AGAIN, THE HOLIDAYS MAKE IT A LITTLE TRICKY. UM, WE DID TALK TO THE NEIGHBOR EARLY, THE NEXT DOOR NEIGHBOR THAT YOU RECEIVED THE SUPPORT EARLY ON. UM, THE SECOND LETTER THAT I SENT JANUARY 2ND, I GOT A PHONE CALL, NOT A LETTER, WHICH I KNOW DOESN'T HOLD ANY WEIGHT. UH, NEXT SLIDE PLEASE. I'M TRYING. YES, SIR. UH, NEXT SLIDE WITH THE MAP. OH, GREAT. SO THIS IS WHAT THE CHART REPRESENTS. UM, THAT THERE ARE AN ABUNDANCE OF FENCES IN THE FRONT YARD. UM, THE, YOU CAN SEE FROM THE LOT PATTERN, THEY'RE, THEY'RE GONNA HAVE A DIFFERENT FLAVOR DEPENDING ON IF THEY'RE LARGER LOTS AND THEY CAN PROVIDE GREATER LANDSCAPING IN THE FRONT. OUR OUR SITE IS ONE OF THE SMALLER SITES IN THIS AREA. UM, THE PROPERTY IMMEDIATELY TO THE NORTH, UM, THEIR FRONTAGE IS ON INWOOD, UH, AND METERS, BUT INWOOD IS THEIR FRONT YARD. THAT'S THE SHORTEST FRONTAGE. UM, THERE ARE, UM, FENCES ON OUR EAST SIDE. UM, ONE APPEARS TO MEET THE 40 FOOT FRONT YARD SETBACK AND IT IS ENORMOUS. UM, AND THEN THERE'S TALLER FENCES, UM, FURTHER TO THE SOUTH. UH, NEXT SLIDE PLEASE. UM, THIS IS THE SITE PLAN. IT IS ON THE PROPERTY LINE WHERE WE'RE PROPOSING THE FENCE. UM, THE IMAGE ON THE RIGHT IS THE CERTIFIED PLAT. UM, MR. THOMPSON WOULD CORRECT THAT IT'S A 20 FOOT, UH, DEDICATION AREA WHEN THE THESE TWO PROPERTIES WERE PLATTED. SO THAT'S ESSENTIALLY THE WHY WE MEET THE 20 FOOT TRIANGLES. NEXT SLIDE, PLEASE. TAKING YOU ON JUST LIKE A QUICK LITTLE, UH, PHOTO TOUR. UH, THIS IS TO THE NORTH, RECEIVE THE BOARD APPROVAL. UM, AND IF WE CAN GO TO THE NEXT SLIDE. UM, THIS IS ON THE WEST SIDE OF INWOOD. THESE ARE JUST MASSIVE TALL, SOLID FENCES THAT ARE, UM, DECORATED WITH LANDSCAPING. UH, NEXT SLIDE. NEXT SLIDE. THIS IS A WEIRD PHOTO. UM, 'CAUSE IT WAS JUST VERY EXPOSED. THERE'S A FENCE BEHIND ALL OF THAT. LEGIS, UM, VEGETATE VEGETATION. UM, AT THIS POINT IT IS SOUTHWEST OF OUR SITE. UH, NEXT SLIDE PLEASE. UM, SO THIS IS COMING BACK AROUND ON THE EAST SIDE OF INWOOD. UM, SO THIS IS THE SIX FOOT ROD IRON THAT'S ABOUT FIVE LOTS SOUTH OF US. NEXT SLIDE PLEASE. AND THIS WALL I'VE MEASURED AT 14 FEET. UM, BUT IT IS AT THE FRONT PROPERTY OR THE FRONT SETBACK LINE, SO THAT'S ALLOWED. UM, BUT IT'S SIGNIFICANT IN FRONT OF THE SETBACK OR IT'S BEHIND THE SETBACK. IT WAS AT 40 FEET. UH, IT'S AT THE 40 MARK. SO IT'S LEGAL. YES, SIR. WOW. NO, YEAH. THIS IS VERY NOTICEABLE ON INWOOD. RIGHT, RIGHT. BUT THIS IS ALSO A MUCH LARGER SITE, SO, UM, OUR SITE IS A LITTLE BIT MORE MODEST. UH, AND THAT CONCLUDES MY PRESENTATION. I'M HAPPY TO ANSWER ANY QUESTIONS. UH, WE HAD NO OTHER SPEAKERS, MS. WILLIAMS. NOW THE SPEAKER, SIR. OKAY. THANK YOU VERY MUCH. VERY INFORMATIVE. UH, QUESTIONS FOR THE APPLICANT, MS. HAYDEN. UM, AND I THINK YOU MENTIONED THIS, BUT JUST TO CONFIRM, THE, THE PROPOSED FENCE IS WROUGHT IRON, SO IT MEETS THE OPACITY REQUIREMENTS. YES, MA'AM. ABSOLUTELY. THANK YOU. LITTLE BIT OF HOUSEKEEPING BEHIND US. NOT PLEASANT. OKAY. DID YOU GET YOUR QUESTION ANSWERED? OKAY, MR. KOVI QUESTION. YOU ASKED FOR QUESTIONS ON THIS ONE. THIS ONE YOU GOT, YOU GOT YOUR QUESTIONS ANSWERED. WE RECEIVED, WE RECEIVED AN EXCELLENT PRESENTATION. BOOM. THERE YOU GO. SEE HOW THAT WORKS EVERYONE? WOW. HIT IT OUT THE PARK PAYING ATTENTION. OKAY, GOOD. VERY GOOD. PLEASE, YOU'RE NO, YOU'RE NO NEOPHYTE AT THIS. ALRIGHT, THE CHAIR WOULD ENTERTAIN A MOTION. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 8 5 ON APPLICATION OF JENNIFER. HI MOTO GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN IN THE EIGHT FOOT HIGH FENCE IS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER REMOVED THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH HE FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED IN THE MATTER BO 8 2 5 0 0 0 0 8 5. MS. HAYDEN HAS MOVED TO GRANT THE REQUEST IS [01:15:01] THERE. SECOND, SECOND. SECOND BY MR. HOVIS DISCUSSION ON THE MOTION. MS. HAYDEN, UM, EXCELLENT PRESENTATION. UH, THIS WAS VERY HELPFUL, IN, IN OUR DECISION MAKING. AND, UM, I WISH THAT ALL OF OUR APPLICANTS HAD A PRESENTATION LIKE THAT. IT'S, IT WAS VERY INFORMATIVE, VERY HELPFUL, ANSWERED ALL OUR QUESTIONS, AND THE CRITERIA OF NOT ADVERSELY AFFECTING NEIGHBORHOOD PROP, NEIGHBORING PROPERTY WAS MET. YES. THANK YOU MS. HAYDEN. UH, DISCUSSION ON THE MOTION. MR. HOP, UM, AGAIN, REITERATE EXCELLENT PRESENTATION. I WAS A NO VOTE BEFORE YOU SPOKE. AND, AND I'M IN FAVOR NOW. BOY, THAT'S A SWING FROM, THAT'S A COMPLIMENT. ONE TO THE OTHER. THAT'S A COMPLIMENT TO YOU. VOTE. ALRIGHT. YES, VERY. I'M IN SUPPORTIVE. I'M IN SUPPORTIVE. THIS MAKES SENSE. IT'S WELL PROVEN. UM, SO, UM, ALRIGHT. UH, THE BOARD SECRETARY WILL CALL THE VOTE. THIS IS A MOTION TO GRANT. 2 5 0 0 0 0 8 5. MS. DAVIS? YES. MR. DAWN. AYE. MR. HVI? AYE. MS. HAYDEN? AYE. MR. CHAIRMAN? YES. MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO 8 2 5 0 0 0 0 8 5, THE BOARD UNANIMOUSLY, AND A FIVE TO ZERO VOTE GRANTS THE REQUEST FOR THE EIGHT FOOT SPECIAL EXCEPTION. UH, YOU'LL GET AN UH, LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY. THANK YOU VERY MUCH. OKAY, ONE SECOND, LET'S MOVE THE PAPER AROUND JUST A LITTLE BIT. AND FOR EVERYONE WATCHING ME SHUFFLE THIS PAPER, UH, THE SYSTEM IS SUCH THAT EVERY TIME A CASE IS NOTICED IN THE PAPER AND ON THE WEBSITE AND A LETTER TO SURROUNDING PROPERTY OWNERS, WE RECEIVED EMAILS FROM PEOPLE AND OUR BOARD SECRETARY KEEPS THESE EMAILS WE USED TO RECIRCULATE AMONGST ALL OF US AND MAKE EXTRA COPIES. NOW WE KEEP ONE COPY IN A FOLDER OF DO WE CIRCULATE DURING THE HEARING. SO AS EACH CASE IS CALLED, CALLED, I'M GOING THROUGH, GRABBING THE, THE PROS AND CONS FROM THE SURROUNDING PROPERTY OWNERS AS THAT'S WHAT I'M DOING WITH THIS PAPER UP HERE. SO GIVE ME ONE SECOND TO ORGANIZE THE NEXT CASE THAT'S COMING FORWARD IS BO OA 2 5 0 0 0 0 4 4. IS THE APPLICANT PRESENT? YES, SIR. GOOD AFTERNOON. GOOD AFTERNOON. UH, WE HOLD ONE SECOND. I'LL GET THE REST OF THIS. OKAY. SO BOARD MEMBERS, I'VE GOT EMAILS PRO AND CON FROM SURROUNDING PROPERTY OWNERS. I SHARED THIS AT THE BRIEFING THIS MORNING. I WILL SEND IT DOWN AGAIN FOR AFTERNOON CONSUMPTION. UH, THIS CASE WAS ORIGINALLY HEARD ON NOVEMBER 4TH, 2025. CORRECT. AND WE HELD IT OVER TILL TODAY. UM, SO MS. BOARD SECRETARY, TELL ME HOW MANY SPEAKERS DO YOU HAVE SPEAKING IN FAVOR AND HOW MANY IN OPPOSITION? I HAVE FOUR SPEAKERS IN FAVOR AND SIX IN OPPOSITION. OKAY. SO JUST FOR EVERYONE TO KNOW, OUR RULES OR PROCEDURES STATE THAT WHEN AN APPLICANT COMES FORWARD WITH A CASE, THEY'RE GIVEN FIVE MINUTES TO PRESENT. ANYONE ELSE IN FAVOR IS GIVEN FIVE MINUTES. AND THEN ANYONE IN OPPOSITION IS GIVEN FIVE MINUTES AND THEN THE APPLICANT'S GIVEN FIVE MINUTES REBUTTAL. THOSE ARE OUR RULES OF PROCEDURE. WE'RE GONNA FOLLOW THAT, BUT I'M GONNA ALLOW THE APPLICANT AS MUCH TIME AS HE FEELS HE NEEDS TO MAKE HIS CASE. AND THEN I WILL EQUALIZE THAT TIME WITH EVERYONE ELSE. MY, MY GOLDEN RULE IS JUST DON'T REPEAT YOURSELF. SO SAY WHAT YOU'S ON YOUR MIND OR WHAT YOU'VE PREPARED. JUST DON'T BE REDUNDANT. AND I SAY THAT TO THE APPLICANT AND TO THOSE IN FAVOR AND THOSE IN OPPOSITION, EVERYONE WILL BE HEARD TODAY. YOUR COMMENTS ARE DIRECTED TO MYSELF AS THE PRESIDING OFFICER. AFTER WE HAVE THE DISCUSSION, THEN WE'LL HAVE A DISCUSSION AND WE'LL, WE'LL VOTE ACCORDINGLY. ALRIGHT, PROCEED. IF YOU GIVE US YOUR NAME AND ADDRESS OR YOU JUST, YOUR NAME AND ADDRESS, YOU'VE ALREADY BEEN SWORN IN. ROBERT BALDWIN, 3 9 0 4 ELM STREET, SUITE B IN DALLAS. YOU'RE REPRESENTING THE PROPERTY OWNER IN THIS, AND THE PROPERTY OWNER IS ALSO HERE TODAY WHO WILL FOLLOW UP? I'M GONNA GIVE AN OVERVIEW OF WHERE WE ARE AND COMMISSIONER DO WAS NOT HERE, I BELIEVE AT THE LAST MEETING. SO I'LL KIND OF GIVE AN OVERVIEW OF, WELL, IT WAS 60 DAYS AGO, SO WE CONSIDER ALSO ALL NOT HERE. OKAY. SO ALTHOUGH I DID KEEP MY NOTES FROM LAST TIME. EXCELLENT. SO, BUT SO, UH, AS YOU SAW AT THE BRIEFING SESSION, THIS IS A LARGE PIECE OF PROPERTY. IT'S BEEN SUBDIVIDED INTO WHAT THEY CALL A SHARED ACCESS DEVELOPMENT. SHARED ACCESS DEVELOPMENT IS A RESIDENTIAL [01:20:01] SINGLE FAMILY DETACHED PROJECT WITH A STREET THAT GOES DOWN THE MIDDLE. IT'S NOT A PUBLIC STREET, BUT IT'S A, A STREET THAT THEY TAKE ACCESS OFF AND THEY'RE WHERE YOU GET NAMED SHARED ACCESS IT. PART OF THE PROPERTY LINE IS ALONG, UH, NORTH BUTNER BOULEVARD, WHICH IS LOOP 12, WHICH IS ITS TEXT STOP HIGHWAY AND ANOTHER ON, UH, MOUNTAIN. SORRY, GETTING A LITTLE REMOTE THERE. UM, SO THE CITY OF DALLAS, WHEN YOU HAVE PROPERTIES THAT BACK UP TO A, A THOROUGHFARE OR A PUBLIC STREET, YOU HAVE TO DO A BARRIER TO KEEP CARS FROM COMING INTO THE PROPERTY AND TO PREVENT ACCESS TO THE STREET, WE ARE REQUIRED TO PROVIDE THAT. UH, THE CITY DOES NOT HAVE LIMITATIONS ON HOW TALL THEY CAN BE. THEY DO HAVE MINIMUM HEIGHT OF 24 INCHES, BUT IT CAN GO UP AS TALL AS YOU WANT NORMALLY. AND NORMALLY THE SUBDIVISIONS THAT YOU WOULD SEE, UH, ESPECIALLY LIKE DOWN ON FOREST LANE WHERE THE PEOPLE HAVE BOUGHT LOTS AND MADE SUBDIVISION, THEY, UH, WOULD HAVE AN ENTRY FEATURE, A A, A NICE TALL FENCE IN A GATE. UM, IN THIS CASE WE HAVE, UH, UH, THE HOUSE JUST TO THE NORTH OF US, IT FRONTS ONTO NER BOULEVARD. BECAUSE OF THAT, THAT CREATES A PROJECTED FRONT YARD ALL THE WAY DOWN OUR FRONT YARD. UH, OUR FRONTAGE ALONG NORTH BUTLER WHERE WE CANNOT HAVE A FENCE TALLER THAN FOUR FEET. SO OUR REQUEST ORIGINALLY WAS FOR AN EIGHT FOOT SOLID MASONRY WALL ALONG HERMOSA AND ALONG, UH, BUCKNER WITH A, A LARGE, UH, SCREEN OF EVERGREEN SHRUBS ALL ALONG IT. UM, AND WITH ORIGINALLY WAS EIGHT FEET. UH, AT THE LAST MEETING YOU ARE TOLD US TO GO GET WITH THE NEIGHBORS AND, UH, MR. BAR WILL GET MORE INTO THAT HERE IN A MINUTE. BUT WE, IN AN EFFORT TO, UH, SOFTEN IT, WE'VE LOWERED IT A FOOT SEVEN FEET TALL. SO THAT THAT'S WHAT WE'RE ASKING FOR. SO IT'S, EVEN THOUGH IT'S A BARRIER AND IT SERVES A BARRIER PURPOSE OF PROTECTING VEHICLES, YARDS FROM VEHICLES COMING INTO IT AND PROTECTING, MURDERING PUBLIC BY PREVENTING VEHICLES COMING FROM OUR, SO PEOPLE CANNOT TAKE DRIVEWAYS O OFF ONTO THE STATE HIGHWAY. UM, SO, BUT TECHNICALLY BECAUSE WE HAVE THAT NEIGHBOR TO THE NORTH, IT BECOMES A FENCE SPECIAL EXCEPTION. AND THAT'S WHAT WE'RE HERE FOR. SO WE'RE ASKING FOR TWO THINGS. A FENCE TALLER THAN FOUR FEET IN THE FRONT YARD, SEVEN FEET TALL. IT'S A SERVICE AS OUR BARRIER AND OPACITY REQUIREMENTS TO ALLOW IT TO BE A SOLID FENCE. KEEP IN MIND IT WILL BE SET BACK FROM THE, THE HIGHWAY, UH, ABOUT 15 FEET AND IT'LL HAVE A SIDEWALK AND LARGE SHRUB IN FRONT OF IT. SO THAT, THAT'S WHY WE'RE HERE AND THAT'S WHAT WE'RE ASKING FOR THAT I'D LIKE TO TURN IT OVER TO JEFF BARHAM SO HE CAN TELL YOU WHAT HAS OCCURRED SINCE OUR LAST MEETING. AND THEN I CAN STAND FOR QUESTIONS. THANK YOU. SO WE'RE GONNA HOLD QUESTIONS THAT WE HAVE UNTIL ALL. I'M GONNA TRY TO SEE IF WE CAN DO UNTIL ALL THE SPEAKERS FINISHED TO MAKE THEIR CASE UP. OKAY. THANK YOU. THANK YOU ALL FOR YOUR TIME. I NEED YOU TO GIVE US YOUR NAME AND ADDRESS PLEASE, AND THEN BE SWORN IN. PERFECT. MY NAME IS JEFF BARRON. MY ADDRESS IS 64 40 NORTH CENTRAL EXPRESSWAY, DALLAS, TEXAS 7 5 2 0 6. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. MS. WILLIAMS, MAY I SHARE? I I'M ON THE WEBEX LIKE YOU HAD ASKED ME. CAN I SHARE MY SCREEN? OKAY. I NEED YOU TO BE CLOSER TO THE MICROPHONE. YES. I'M SO SORRY. NO, NO, THAT'S NOT, IT'S NOT YOU. IT'S, IT'S, WE'RE YOU'RE HAVING A PROBLEM HEARING FROM THAT. I DON'T KNOW IF IT'S THE LENGTH OF THAT PARTICULAR MIC IS SHORT OR WHAT, BUT OKAY. AND WE WANNA HEAR EVERYTHING YOU HAVE TO SAY. I'VE ASKED MS. WILLIAMS JUST TO SHARE MY SCREEN SO I I AM ABLE TO DO THE PRESENTATION. THANK, THANK YOU SO MUCH. ARE YOU UNDER JEFF OR WHAT IS, I BELIEVE I'M LOGGED IN AS JEFF CAN LOG, I CAN LOG OUT AND LOG BACK IN IF THAT'S BETTER. UM, I MEAN, I HAVE ALREADY ACCEPTED HERE. MY SCREEN SAYS YOU CAN'T SHARE CONTENT [01:25:01] UNLESS THE HOST, UH, PRESENTER MAKES YOU THE APPROVE. YOU HAVE, YOU HAVE PRESENTER. YOU MIGHT WANNA HAVE TO, I WILL LOG OUT AND LOG BACK IN. PROBABLY IT'S A, IT'S, IT'S NOT LIKE ME. I CAN WORK FROM, I CAN WORK FROM THE PRESENTATION. ROB EMAILED IN. THERE'S, THERE'S ONLY A FEW GRAMMATICAL CHANGES. PERFECT. THANK YOU SO MUCH. I'M READY. OKAY. I APOLOGIZE. WELL, UM, GOOD AFTERNOON, CHAIR AND MEMBERS OF THE BOARD. THANK YOU FOR YOUR TIME TODAY AND YOUR THOUGHTFUL FEEDBACK THAT YOU PROVIDED AT OUR LAST HEARING. WE TOOK YOUR GUIDANCE SERIOUSLY, AND THIS AFTERNOON I WANNA CLEARLY DEMONSTRATE THREE THINGS THAT YOU ALL ASKED US FOR. FIRST, HOW DID WE HAVE MEANING? HOW DID WE MEANINGFULLY ENGAGE WITH OUR NEIGHBORS? SECOND, HOW WE SOUGHT AND INCORPORATED COMPROMISE. AND THIRD, WHY THIS REQUEST DOES NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES. NEXT SLIDE, PLEASE. FROM THE VERY BEGINNING OF THIS PROJECT, WE PRIORITIZE EARLY ENGAGEMENT, TRANSPARENCY, AND DIRECT COMMUNICATION. PRIOR TO PURCHASING THE PROPERTY AS PART OF THE POTENTIAL REPO, WE PERSONALLY WALKED THE NEIGHBORHOOD AND INTRODUCED TO MORE THAN 50 HOMEOWNERS. WE HOSTED A COMMUNITY MEETING WITH OVER 75 ATTENDEES FOLLOWING THE CPC HEARING WHERE DOZENS OF NEIGHBORS VOTE BOTH IN FAVOR AND AGAINST. WE CONSISTENTLY KEPT COMMUNICATION OPEN WITH THE COSTA LINDA HOMEOWNERS ASSOCIATION AND ANY OTHER PARTIES INTERESTED. IT WAS EVIDENT THAT WE DID NOT CLEARLY COMMUNICATE THAT OUR OUTREACH EFFORTS. AND WE'D LIKE TO DIRECT YOUR ATTENTION TO SLIDE TWO AND THREE FOR OUR OUTREACH AHEAD OF OUR NOVEMBER MEETING. I'M NOT, FOR THE SAKE OF TIME, I'M NOT GONNA READ THE SLIDES. WE ASSUME THAT THEY WERE THERE. AND SO, UM, NEXT SLIDE PLEASE. FOR SLIDE THREE, IMPORTANTLY, AFTER THE PREVIOUS MEETING, WE DID NOT PAUSE. WE INTENSIFIED OUR OUTREACH AS REQUESTED. WITHIN DAYS, WE CONTACTED EVERY INDIVIDUAL WHO SPOKE IN OPPOSITION. WE HELD ONE-ON-ONE MEETINGS, GROUP DISCUSSIONS AND EXTENDED INVITATIONS FOR CONTINUED DIALOGUE IS OUTLINED IN SLIDE THREE AND FOUR. UH, THE ONE THAT I WOULD JUST LIKE TO, YOU KNOW, THERE'S MULTIPLE, UM, DIFFERENT COMMUNICATION AND ALL THE PEOPLE BEHIND ME WHO ARE SPEAKING, UM, WE RECOGNIZE THAT WE CAN'T CHANGE EVERYBODY'S OPINION. UM, HOWEVER, EVERY SINGLE ONE OF THEM, WE HAD ONE-ON-ONE CONVERSATIONS. UM, AND, UH, AND WE TALKED ABOUT OTHER THINGS BESIDES THE WALL TOO, OTHER CONCERNS AND OTHER, UM, THINGS. SO ONE, ONE MEETING I WOULD JUST WOULD LIKE TO POINT OUT IS ON DECEMBER 2ND, WE HOSTED A LUNCHEON, UM, WHERE WE HAD CONVERSATIONS AROUND EASEMENT CONVERSATIONS, UM, THE, THE WEST AND NORTH BOUNDARY, WHICH WAS A QUESTION THAT CAME UP AT THE LAST MEETING. UM, AND WE JUST, WE JUST WANTED TO FACILITATE OPEN FRIENDLY DIALOGUE, EVEN IF THEY'RE, UM, WE DIDN'T ALWAYS, UM, HAVE THE SAME RESOLUTION. AND SO I'M NOT HERE TODAY TO SAY THAT, BUT, UH, I AM HERE TO SAY THAT WE SOUGHT COMPROMISE AND WE SOUGHT FEEDBACK. AND SO, UM, THAT WAS A VERY PRODUCTIVE MEETING. AND, UM, AND SO, AND WE APPRECIATE EVERYBODY WHO CONTINUES TO INVEST TIME IN THIS. SO, UH, NEXT SLIDE PLEASE. WHILE WE UNDERSTAND THAT WE'VE NOT MADE EVERYONE HAPPY AND THE PROJECT STILL FACES OPPOSITION, WE'VE SEEN A DRASTIC DECREASE IN OPPOSITION THROUGH ALL OF OUR OUTREACH. AND WE'LL CONTINUE TO BE AVAILABLE FOR GENUINE CONVERSATION AND UPDATES AS WE SHARE A MUTUAL GOAL GOAL TO IMPROVE THE NEIGHBORHOOD. NEXT SLIDE PLEASE. ON DECEMBER 2ND, WE HOSTED A LUNCHEON AND SPENT MORE THAN FOUR HOURS IN DIRECT CONVERSATION WITH NEIGHBORS WHO SUPPORTED AND OPPOSED THE WALL LISTENING TO CONCERNS AS WELL AS FACILITATING DIALOGUE AROUND EXISTING SHARED EASEMENT CONCERNS NOT ARISING FROM OUR PROJECT. NEXT SLIDE, PLEASE. [01:30:01] WE'VE OUTLINED SUMMARIES OF PERSPECTIVES SHARED ON SLIDE SEVEN FROM OUR MEETING. I WON'T GO THROUGH THOSE, BUT, UM, KIND OF THE KEY TAKEAWAYS FROM THE INDIVIDUALS WHO PARTICIPATED THIS YEAR. NEXT SLIDE, PLEASE. WHAT BECAME CLEAR IS THIS, THERE'S NO SINGLE UNIFIED OBJECTION TO THE WALL ITSELF. INSTEAD, NEIGHBORS EXPRESS WIDELY DIFFERENT AND OFTEN CONFLICTING PREFERENCES RANGING FROM A TWO FOOT BARRIER TO AN EIGHT FOOT WALL, FROM OPEN FENCING TO MURALS FROM HOLLY'S IN FRONT OF THEM TO BE IN PLACE BEHIND THE WALL. ADDITIONALLY, SUPPORTERS SHARED THEIR STRONG SUPPORT IN PERSON AND VIA LETTERS THAT WE WERE ASKED TO SHARE. DESPITE THESE DIFFERENCES, WE CONTINUE SEARCHING FOR COMMON GROUND AND VALUE THE TIME AND COMMUNICATION FROM ALL PARTIES. NEXT SLIDE, PLEASE. BASED ON THESE CONVERSATIONS, WE MADE REAL TANGIBLE CONCESSIONS REFLECTED IN OUR PLAN. FIRST, THE WALL HEIGHT. WE REDUCED THE REQUESTED WALL HEIGHT FROM EIGHT FEET TO SEVEN FEET WITH MOST OF THE WALL MEASURING SIX FEET, SEVEN INCHES. WE DO HAVE UNDULATION IN THE DESIGN, SO THE COLUMNS PEAK AT SEVEN FEET, BUT THE MAJORITY OF THE WALL SITS AT SIX FEET, SEVEN INCHES. WE COMMUNICATED THE PROCESS OF MAINTAINING AND REPLACING A GREEN SCREEN OF POLY'S, AS WELL AS EXECUTED OUR SHARED ACCESS AGREEMENT, FORMALIZING THE HOA AND DEFINING ITS RESPONSIBILITY TO MAINTAIN THE COMMON AREAS AND WALL INSIDE THE WALL EASEMENT. THIS WAS A MAJOR CONCERN FOR SEVERAL PEOPLE WHO WERE INITIALLY OPPOSED AND ENDED UP COMING AND SUPPORTING. THEY REALLY WANTED MORE COLOR OF WHAT HAPPENS WHEN THE WALL IS DAMAGED, WHAT HAPPENS WHEN PLANTS ARE DAMAGED, WHAT HAPPENS WHEN, UM, THE IRRIGATION SYSTEM IS IS NOT WORKING. AND SO SOME OF THE COLOR AROUND THAT WE CAN FURTHER DISCUSS IS REALLY CENTERED AROUND IN THE SHARED AXIS. THE CITY REQUIRES AN HOA TO BE THE AUTHORITATIVE BODY OVER ANYTHING THAT'S FILED IN A SHARED AXIS, UM, EASEMENT OR ANY OTHER EASEMENTS. AND SO IF YOU LOOK AT OUR PLAT TODAY, UH, THIS PROPOSED WALL IS BOTH IN A BARRIER EASEMENT AND A FENCE EASEMENT, WHICH IS SHARED COMMON PROPERTY WITHIN THE HOA. SO THEN THAT DEFAULTS OUR HOA DOCUMENT, WHICH HAS THREE THINGS IN PLACE. ONE RESERVE FUNDS TO MAINTAIN THAT. TWO, A DESIRE FROM PROPERTY OWNERS TO MAINTAIN THE VALUE OF THEIR PROPERTY. AND SO THE OA IS DIRECTED AND FUNDED TO ENSURE THAT THESE COMMON ELEMENTS ARE MAINTAINED AT A HIGH STANDARD TO NOT ADVERSELY AFFECT OUR, THE PROPERTY OWNERS WHO ACTUALLY HAVE THIS WALL ON THEIR SITE. I THINK THOSE ASSURANCES AND EXPLANATIONS GAVE A LOT OF PEACE OF MIND TO A LOT OF THE NEIGHBORS WHO HAD CONCERNS BECAUSE THEY WERE ABLE TO WALK AWAY AND UNDERSTAND IF SOMEONE HITS A WALL OR A PLANT ONE, THE HOA IS GOING TO LOOK AT THAT POLICE REPORT AND SEE IF THE INSURED MOTORIST WHO, WHO DAMAGED THAT PROPERTY HAS INSURANCE TO COVER IT AND SEEK THE MONEY TO REPLACE THE WALL FROM THAT. NUMBER TWO, EVALUATE THE COST OF THE, THE DAMAGE OR, UH, OR TO THE PROPERTY, THE WALL OR THE PLANT. AND IF THAT DAMAGE EXCEEDS THE, THE HOA COMMON INSURANCE POLICY, THEN AN INSURANCE CLAIM CAN BE MADE. IF THEY DON'T, IF THEY WANT TO PAY THE DEDUCTIBLE AND, AND IT'S A LARGE EXPENSE FROM AN UNINSURED NOT RISK, OR C, JUST PAY IT OUT OF THE RESERVE FUNDS THAT WE'VE SET ASIDE FOR THE HOA TO COVER THOSE COSTS, TO NOT INCREASE THE VALUE OF THE, OR THE COST OF THE INSURANCE POLICY MOVING FORWARD TO MAKE THE . SO THAT WAS REALLY A LARGE, UM, YOU KNOW, TODAY ANO AND, UH, ONE OF THE ADJOINING PROPERTIES SENT IN A SUPPORT LETTER THIS MORNING. AND, AND THEIR CONCERNS REALLY, UM, WERE AROUND THAT. SO WHEN THEY HAD A BETTER UNDERSTANDING, THEY SUPPORTED, UM, THE VARIANCE. UNFORTUNATELY, I THINK IT HAPPENED AFTER NINE, SO IT DIDN'T GET PUT IN THE PACKET, BUT CITY STAFF WOULD HAVE THAT AFTER. SO, UM, ALSO ANOTHER CONCERN, WE SOFTENED THE APPEARANCE OF JUST A CREAMIER WHITE PEOPLE WERE AFRAID OF A STARK WHITE. AND SO WE CHANGED THE APPEARANCE TO CREAMY WHITE, UM, AND PRIOR FEEDBACK, UM, HAD ALREADY BEEN INCORPORATED, INCLUDING ALAN ADDING THE COLUMNS IN VARYING HEIGHTS AND ADDING TO ADD RELIEF TO THE FENCE, AS WELL AS COMMITTING TO THE GREEN SCREEN, WHICH WE DID HEAR YOU THIS MORNING IN YOUR FEEDBACK. AND WE ARE PREPARED AND, AND EXPECT THAT TO BE A PART IF THIS WAS APPROVED. THE LANDSCAPING IS SOMETHING THAT WE ARE FULLY COMMITTING TO. UM, NEXT SLIDE PLEASE. SO ANOTHER IMPORTANT ELEMENT OF THE PROJECT IS THE WIDENING OF THE SIDEWALK BY 20%, IMPROVING PEDESTRIAN SAFETY ALONG BUCKNER. UM, WHILE THIS IS PART OF THE FLAT, WE ARE REMOVING AND REPLACING THE ENTIRE SIDEWALK ON OVER 2000 FEET OF OUR FRONT END, WHICH IS AN INCREDIBLE EXPENSE, BUT A HUGE BENEFIT TO PUBLIC SAFETY. UM, AND JUST WIDENING THAT, MAKING IT IN CONFORMANCE TO THE TXDOT AND CITY OF DALLAS STANDARDS FOR, UM, FOR A STATE HIGHWAY. NEXT SLIDE PLEASE. IN THE FOLLOWING SLIDES, WE WANTED TO SHARE RENDERINGS OF THE PROJECT AT INSTALLATION AND CLARIFY THE NEW HEIGHT. SO I KNOW THERE WAS CONVERSATION [01:35:01] ON WHERE IS THE WALL, AND ONE QUESTION WAS, IS THE WALL WHERE THE CHAIN LINK FENCE SITS? AND THE ANSWER TO THAT IS NO. AS YOU CAN NOTICE ON OUR, OUR SIDE ELEVATION, AFTER THE WIDE ONE FOOT WIDENING OF THE SIDEWALK FROM FOUR TO FIVE FEET, WE HAVE AN ADDITIONAL RIGHT OF WAY DEDICATION THAT IS PART OF THE PLAT. AND THAT IN THAT, UM, AREAS WHERE THESE SHRUBS WOULD BE PLANTED, THERE'S ALSO A VARIABLE DISTANCE BETWEEN THE PROPERTY LINE AND THE EDGE OF THE SIDEWALK, WHICH IS WHY THERE'S AN UNLISTED, UM, DIMENSION THAT YOU SEE IN THAT GAP. THAT DIMENSION IS NOT SIGNIFICANT. IT'S BETWEEN ONE AND TWO FEET, DEPENDING ON WHERE ALONG BUCKNER BECAUSE BUCKNER IS CURVING AND SO IT'S NOT A CONSISTENT DIMENSION. UM, AND THEN THAT RIGHT OF WAY DEDICATION AND THEN THE WALL. SO THE WALL IS SET BACK SUBSTANTIALLY FURTHER THAN THE CHAIN LINK FENCE THAT YOU SAW IN THE IMAGES THIS MORNING. UM, NEXT SLIDE PLEASE. SO THIS, THIS IS A RENDERING, UM, OF WHAT THE WALL WOULD LOOK LIKE AT INSTALLATION. SO YOU CAN SEE THAT THE, THE SHRUBS THAT WE'RE, WE ARE SUGGESTING TO INSTALL ARE SPACED ABOUT FOUR TO FIVE FEET APART, AND THE INSTALL HEIGHT WOULD BE AROUND SIX FEET. NEXT SLIDE PLEASE. THIS IS A, UH, RENDERING OF WHAT A HEDGE WOULD LOOK LIKE FULLY INSTALLED. AND, AND WE REALLY WANT TO DRAW YOUR ATTENTION TO THIS BECAUSE WITHIN THREE TO FOUR YEARS THESE HOLLIES GROW AT ABOUT ONE FOOT A YEAR. THE FIRST YEAR THEY DON'T GROW AT ALL, THEY TAKE ROOT. THE SECOND AND THIRD YEAR, THEY START GROWING AT ABOUT ONE FOOT PER YEAR. AND SO WITHIN TWO TO THREE YEARS, THIS WALL WILL NOT BE VISIBLE TO THE ADJOINING PROPERTY OWNERS. YOU'LL SEE A GREEN SCREEN THAT GOES ALL THE WAY DOWN BUCKNER. NEXT SLIDE PLEASE. THIS IS AN IMAGE AT, UM, AT HERMOSA IN BUCKNER LOOKING BACK AT OUR PROPERTY. AND WHAT WE WANTED TO POINT OUT HERE IS HOW THE ADJACENT PROPERTY TO OUR SOUTH HAS THAT EXACT GREEN SCREEN. UM, AND, AND SO NEXT SLIDE PLEASE. AND THEN THIS SLIDE, YOU CAN SEE OFF TO THE RIGHT, WHAT IT LOOKS LIKE WITH OUR GREEN SCREEN AT A MATURE HEIGHT ADDED AND SHOWN AND RENDERED ON THE CORNER. NEXT SLIDE PLEASE. WE ALSO WANTED TO SHARE AN ADJACENT PROPERTY THAT HAS CONSISTENT FENCES AND SCREEN IN THE IMMEDIATE AREA. THIS PHOTO IS AT, IS THE HERMOSA SIDE, UM, ON THE SOUTHEAST CORNER PREVIOUSLY SHOWN. IF YOU LOOK CLOSELY, YOU WOULD NOTICE A SOLID FENCE THAT SITS BEHIND THE GREEN SCREEN, WHICH IS ALSO IN A FRONT YARD SETBACK DUE TO CONTINUITY OF SETBACK ISSUES JUST LIKE WE HAVE. AND SO IF YOU ZOOMED IN HERE, THIS IS, THIS IS ACROSS HERMOSA FROM US. AND SO, SO WE WILL HAVE THE SAME CONDITION ON BOTH SIDES OF HERMOSA AT BUCKNER, A FENCE, A GREEN SCREEN, AND THEN HERMOSA. NEXT SLIDE PLEASE. THIS IS AN IMAGE STANDING IN THEIR PROPERTY LOOKING BACK TOWARDS BUCKNER. UM, THIS IS AN IMAGE, UM, STANDING INSIDE THAT PROPERTY AND LOOKING BACK AT BUCKNER. AND WHAT WE WANNA IDENTIFY IS HOW THAT GREEN SCREEN CAN ACTUALLY MAKE BUCKNER COMPLETELY GO AWAY. AND YOU ALSO DIDN'T KNOW THAT THERE WAS A CAR SITTING BEHIND THAT GREEN SCREEN BECAUSE THE GREEN SCREEN IS SO EFFECTIVE. IN A SIMILAR WAY, WE ARE JUST POINTING OUT THAT WHEN THAT GREEN SCREEN GOES IN PLACE, THE FENCE REALLY BECOMES UNNOTICEABLE TO ADJACENT PROPERTY OWNERS. NEXT SLIDE PLEASE. THIS IS ON THE NEXT CORNER OF HERMOSA TRAVELING WEST, AND WE JUST WANTED TO POINT OUT SIMILAR PATTERNS OF FENCING AND GREEN SCREENS ON, ON THESE CORNER PROPERTIES FACING HERMOSA. NEXT SLIDE, PLEASE. IN ADDITION, WELL NOT PART OF THIS VARIANCE REQUEST, UM, WE WANTED TO PROVIDE CLARITY ON IMPROVEMENTS TO THE NORTH AND WEST BOUNDARIES TO ELIMINATE UNCERTAINTY AND DEMONSTRATE OUR COMMITMENT TO BEING GOOD NEIGHBORS ON ALL SIDES. THIS WAS BROUGHT UP IN THE PREVIOUS MEETING, AND MORE INFORMATION ON THIS REQUEST CAN BE FOUND ON THIS SLIDE. SO WHILE WE'RE NOT GOING TO GO THROUGH ALL OF IT, WE JUST WANTED TO BRING UP THAT THAT WAS A REQUEST MADE AND, UM, ALSO WE JUST WANT TO BE GOOD NEIGHBORS. AND SO AS PART OF THOSE, WE HAD SENSITIVE CONVERSATIONS, THERE WAS LOTS OF DIFFERENT OPINIONS, UM, ON WHAT DIFFERENT PEOPLE WANTED. AND BECAUSE THE PEOPLE FROM THE OUTSIDE CAN'T SEE, WE WERE REALLY ABLE TO MAKE A CASE BY CASE, UM, UH, COMPROMISE WITH EACH INDIVIDUAL ADJOINING PROPERTY OWNER, WHICH IS SOMETHING THAT WE AGREED TO AND COMMUNICATED. SO IF ONE OWNER WANTED THE ADJACENT PROPERTIES TO HAVE A ROD IRON FENCE IN BETWEEN THE PROPERTIES, WE'RE OPEN TO THAT. YOU KNOW, BEING IN THE POSITION OF OWNING [01:40:01] AND NOT HAVING OWNERS, WE CAN DO THAT. WE DID CONVEY TO THEM THAT ONCE SOMEONE BUYS THE PROPERTY BY RIGHT, THEY HAVE THE RIGHT TO PUT A FENCE. SO IF THEY WANTED TO CHANGE THAT, WE CAN'T STOP IT. BUT FOR THE INITIAL INSTALLATION, WE WOULD LOVE TO BE GOOD NEIGHBORS AND TRY TO ENCOURAGE SOMETHING THAT THE ADJOINING PROPERTIES WANTED. NEXT SLIDE, PLEASE. APPROVAL OF THIS VARIANCE REQUEST IN THIS PROJECT WILL POSITIVELY IMPACT THE NEIGHBORS MARKET BEHAVIOR REINFORCES THIS POINT. NEARBY HOMES, INCLUDING PROPERTIES DIRECTLY ACROSS THE STREET, HAVE SOLD AT MATERIAL HIGHER PRICES IN RECENT MONTHS. NEIGHBORS ARE INVESTING HEAVILY IN THEIR HOMES TEARING DOWN AND REBUILDING, RENOVATING AND IMPROVING. THESE ARE NOT THE ACTIONS OF HOMEOWNERS WHO BELIEVE THAT OUR NEIGHBORHOOD IS CAUSING AN ADVERSE PROPERTY EFFECT ON THEIR PROPERTIES. UM, ALSO I THINK ON THAT TO NOTICE IS JUST SOME OF THE, THE LETTERS IN SUPPORT SOMEONE BUILDING ON HERMOSA AT THE NEXT CORNER. UM, THAT WASN'T NOTED ON OUR SLIDE, SENT IN A LETTER OF, UM, SUPPORT. ALSO, JUST WHILE I'M SAYING THAT, THERE WAS A COUPLE CONFLICTING GREEN AND RED DOTS ON THAT REPORT IF YOU COMPARED LETTERS. UM, THE, THE, THE OPPOSITE CORNER FROM US WAS MARKED AS RED. AND THE GENTLEMAN ACTUALLY HAD INCLUDED, UM, A LETTER OF SUPPORT AND WE IDENTIFIED THAT IN THE PREVIOUS PRESENTATION BECAUSE HE'S ACTUALLY HAD CARS COME INTO HIS HOUSE AND HAD SIGNIFICANT DAMAGE. SO HE WROTE A VERY POWERFUL LETTER, UM, HUBERT, UM, HOWARD THAT'S IN THAT THAT KIND OF TALKS AND SPEAKS TO WHY HE WAS IN SUPPORT. AND SO I JUST WANTED TO, TO NOTE THAT THERE WERE, UM, THERE WAS TWO RED DOTS THAT SHOULD HAVE ACTUALLY BEEN GREEN BASED ON THE LETTERS THAT WERE IN THERE. SO, UM, LET'S SEE. I APOLOGIZE. UM, NEXT SLIDE PLEASE. SO I THINK JUST AS IMPORTANT AS WHAT HAPPENS, UM, IF THIS VARIANCE IS DENIED, DENIAL WILL ADVERSELY AFFECT THE NEIGHBORHOOD THROUGH JEOPARDIZING THE SUCCESS OF THIS PROJECT CAUSED BY A LACK OF REAR YARD FENCES WITHOUT REAR YARD PROTECTION, FAMILIES AND CHILDREN FACE INCREASED SAFETY RISKS, OPEN YARDS EXPOSED RESIDENTS TO TRESPASSING DEBRIS, NOISE, AND LIGHT FROM BUCKNER. THE ABSENCE OF PROTECTED FENCES WOULD LEAVE HOMES FEELING INCOMPLETE AND INSECURE, ULTIMATELY HARMING THE PERCEPTION AND STABILITY OF THE NEIGHBORHOOD. AND THIS APPROVAL CAN HELP IN PROTECTING THAT. THE ABSENCE OF REAR YARD FENCING WOULD ALSO LIKELY HAVE A NEGATIVE IMPACT ON THE PROJECT MARKETABILITY, WHICH COULD LEAD TO ADVERSE EFFECTS OF SURROUNDING PROPERTY VALUES. I JUST ASK YOU TO PUT YOURSELF IN A BUYER'S SHOES. YOU COME OUT AND YOU SEE THIS PROPERTY AND YOU ENTER FROM HER MOST, OR YOU ENTER FROM PALOMA DRIVE THE STREET THAT HAS, YOU KNOW, 15 LOTS, SEVEN OF THEM BACK UP THE BUCKNER. I WOULD JUST ASK YOU TO ASK YOURSELF, IF YOU WERE LOOKING AT THIS HOME AND YOU'RE GONNA BUY, UM, A NICE NEW HOME AND YOU WALK THROUGH THE HOUSE, YOU LOVE IT, YOU COME UP, IT HAS GREAT STREET APPEAL, AND THEN YOU OPEN, OPEN THE BACKYARD DOOR, AND OUT THE BACKYARD YOU HAVE A TWO FOOT, UM, CONCRETE WALL WITH A TWO FOOT RIDER IRON FENCE ON TOP OR ANYTHING. AND I CAN SEE STRAIGHT, STRAIGHT THROUGH TO BUTLER, AM I GOING TO LET MY DOGS IN THE BACKYARD? AM I GONNA LET MY KIDS PLAY IN THE BACKYARD? IT'S, IT'S NOT SOMETHING THAT PEOPLE ARE GOING TO BUY AND IT'S A REAL ISSUE THAT, UH, COULD DRAMATICALLY IMPEDE, UM, THE SUCCESS OR EVEN THE ABILITY TO SELL THIS PRODUCT. SO, UM, YOU KNOW, NEXT SLIDE PLEASE. YOU'RE WAY PAST FIVE MINUTES. I'M DONE. I'M, I'M ALMOST, WELL, I HAVE, I'M JUST TELLING, I'M JUST TELLING YOU YOU'RE WAY PAST FIVE MINUTES. I UNDERSTAND. I APOLOGIZE. AND YOU'RE STARTING TO GET A LITTLE REDUNDANT, I APOLOGIZE. SO, UM, WHAT I LIKE TO SAY IS, FINISH YOUR SENTENCE. PERFECT. UM, I, I WOULD JUST LIKE TO ER CONVEY THAT WE ENGAGE DEEPLY WITH THESE NEIGHBORS. WE SOUGHT CONSENSUS WHERE POSSIBLE, WE ADJUSTED OUR PLANS AND WE DESIGNED A SOLUTION THAT BALANCES SAFETY, AESTHETICS, UM, AND NEIGHBORHOOD CHARACTER WHILE MEETING THE CITY INTENT. THIS FALLS IS NOT AN OVERREACH, IT'S A MEASURED, RESPONSIBLE APPROACH THAT PROTECTS FAMILIES, IT ENHANCES THE STREETSCAPE, IT PROVIDES EQUAL OR GREATER BENEFIT THAN THE CITY'S BASELINE STANDARD. AND WE JUST RESPECTFULLY ASK YOU TO APPROVE THIS VARIANCE, NOT JUST FOR THE PROJECT, BUT THE LONG TERM SAFETY, STABILITY, AND QUALITY OF LIFE, THE SURROUNDING NEIGHBORHOOD. THANK YOU ALL FOR YOUR TIME FOR SERVICE. OKAY. UH, WHAT OTHER SPEAKERS DO WE HAVE REGISTERED TO SPEAK IN FAVOR, MR. GREG CONLEY. GREG CALLING MS. WHITE STEPHANIE. OKAY. SO GO AHEAD AND SWEAR HER IN. UH, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE STATE, UH, MY MICROPHONE. YES, I DO. OKAY. PLEASE STATE YOUR NAME AND ADDRESS PLEASE. YES, THANK [01:45:01] YOU. MY NAME IS STEPHANIE CONLEY. I LIVE AT 1527 NORTH BUCKNER. MY PROPERTY FRONT'S BUCKNER. MY, UM, I'M THREE HOMES SOUTH OF THE PROPERTY ON BUCKNER THAT'S BEFORE YOU. TODAY I'M HERE TO SPEAK IN SUPPORT OF THE VARIANCE REQUEST. I WANNA SHARE WHY IT'S, I FELT IT'S IMPORTANT TO COME TODAY. RECENTLY I SPOKE WITH PEOPLE IN A NEARBY SHOPPING CENTER COLLECTING SIGNATURES FROM HOMEOWNERS WHO DO NOT, ARE NOT DIRECTLY INVOLVED IN THIS SUBJECT PROPERTY. SEEING THAT ACTIVITY ACTUALLY ENCOURAGED ME TO ATTEND THIS MEETING AND PUBLICLY SHOW MY SUPPORT. WHAT CONCERNS ME IS THAT MUCH OF WHAT I'VE HEARD IS FALSE INFORMATION AND FEAR OF DEVELOPMENT RATHER THAN FACTS. THE FACTS ARE THAT THE DEVELOPER HAS BEEN OPEN, TRANSPARENT, AND PROACTIVE. THEY HAVE READILY SHARED INFORMATION WITH THE NEIGHBORHOOD AND TAKEN STEPS TO COMMUNICATE WITH HOMEOWNERS. MORE IMPORTANTLY, THEY HAVE LIST, THEY'VE LISTENED, WE HAVE LISTENED. FEEDBACK FROM NEIGHBORS HAS NOT ONLY BEEN ACKNOWLEDGED, BUT INCORPORATED BOTH IN THE PROPOSED WALL VARIANCE AND IN THE OVERALL DEVELOPMENT PLAN. FROM MY PERSPECTIVE, AS A NEARBY HOMEOWNER, THREE DOORS DOWN, I BELIEVE THIS PROJECT WILL GREATLY ENHANCE OUR NEIGHBORHOOD. THE WALL BEING PROPOSED IS NOT EXCESSIVE. IT'S NECESSARY TO THE SUCCESS OF THE PROJECT AND FITS WITH THE NEIGHBORHOOD. FOR THESE REASONS, I STRONGLY URGE, URGE YOU TO APPROVE THIS VARIANCE REQUEST. THANK YOU FOR YOUR TIME AND FOR YOUR SERVICE. DR. THANK YOU VERY MUCH. NEXT SPEAKER. NEXT SPEAKER IN FAVOR IS, IS MR. CONLEY GONNA SPEAK? OKAY, MR. NAN MILLER OR NAN MILLER? I DO YOU SWEAR YOUR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE STATE YOUR NAME AND ADDRESS. NANCY MILLER. I GO BY NAN. ADDRESS IS 94 10 REDONDO DRIVE, DALLAS, 7 5 2 1 8. PLEASE PROCEED. SO MY HUSBAND AND I BOUGHT OUR HOUSE ON REDONDO DRIVE IN 1994 AND WE ACTUALLY BACK UP TO THE DEVELOPMENT. YES, I FOUND YOU. OH, YOU FOUND ME. YEP. YOU SEE YEAH, THE WHOLE BACK PART OF MY LOT BACKS UP TO THE DEVELOPMENT YOUR PROPERTY NUMBER 12. YES, EXACTLY. SO I JUST WANNA START BY SAYING I'M RECENTLY RETIRED AND THAT HAS LEFT ME WITH A LOT OF TIME TO, TO CONSIDER THE HEIGHT AND OPACITY VARIANCES PROPOSED ALONG BUCKNER AND HERMOSA. AND CLEARLY I DON'T HAVE AS MUCH TIME AS SOME OF MY FELLOW COS LINDA NEIGHBORS DO BECAUSE THEY'VE BEEN DILIGENTLY CIRCULATING OF ATTENTION AGAINST THE VARIANCES, EVEN GOING SO FAR AS TO STAND IN THE PARKING LOT AT OUR NEIGHBORHOOD GROCERY STORE TO SECURE SIGNATURES. SO THE POINT ABOUT THAT IS A COPY OF THE PETITION HIT MY DESK IN EARLY OCTOBER, AND AT THAT POINT IT HAD 71 SIGNATURES ON IT. AND EVERY TIME YOU, YOU KNOW, YOU SIGN THIS PETITION, YOU HAVE TO ADD YOUR ADDRESS. SO I ACTUALLY SAT DOWN WITH THOSE NAMES AND ADDRESSES AND I IDENTIFIED HOW MANY OF THOSE PEOPLE ACTUALLY LIVE IN CASA LINDA ESTATES AND 60% DO LIVE IN CASA LINDA ESTATES. 40% DID NOT. SO NOW I KNOW THE PETITION HAS BEEN CONTINUED TO BE ADDED TO AND WHEN YOU'RE CONSIDERING, AND I DON'T KNOW HOW MANY SIGNATURES THERE ARE ON IT NOW, BUT IN OCTOBER THERE WERE, THERE WERE 71 AND ONLY 60% OF 'EM WERE PEOPLE WHO EVEN LIVED IN OUR NEIGHBORHOOD. SO I JUST WANT YOU TO CONTIN CONSIDER WHEN YOU'RE LOOKING AT THAT PETITION THAT IT WAS CIRCULATED FAR AND WIDE AND THAT OUR ALBERTSONS SERVES A LOT OF PEOPLE OUTSIDE OF CASA LINDA. SO MY NEXT CONCERN REGARDS THE LETTER OF SUPPORT THAT MY NEIGHBORS HAVE ALL BEEN SUBMITTING TO YOU STARTING LAST SEPTEMBER. UM, YOU KNOW, UNFORTUNATELY NOT EVERYONE HAS RETIRED AND HAS THE TIME TO COME SIT DOWN AT THESE MEETINGS AND WAIT FOR AN OPPORTUNITY TO ADDRESS YOU DIRECTLY, BUT THEY ALL CARE ENOUGH TO CRAFT WELL THOUGHT OUT LETTERS IN SUPPORT OF THE VARIANCES AND OF THE EIGHT PROPERTIES THAT ACTUALLY BORDER THE NEW DEVELOPMENT, YOU'VE RECEIVED LETTERS I HAD WRITTEN DOWN HERE FIVE, BUT I JUST LEARNED THAT A SIX NEIGHBORS SUBMIT A LETTER, A LETTER OF SUPPORT TODAY. SO THE PEOPLE WHO ARE MOST DIRECTLY AFFECTED BY THIS SIX OF THE EIGHT ARE SUPPORTING THE BUILDING OF [01:50:01] THIS WALL. SO, UM, MY HUSBAND, WHO IS NOT RETIRED AND IS ON A BUSINESS TRIP THIS WEEK, WROTE A REALLY GREAT LETTER THAT I, AND I'D LIKE TO READ SOME EXPERTS OF IT TO YOU BEFORE I LEAVE, BUT BEFORE I DO THAT, I JUST WANTED TO SAY ONE MORE THING, WHICH IS WE'VE LIVED IN OUR HOUSE COMPLETELY SHELTERED FROM TRAFFIC ON BUCKNER UNTIL THE BIG MANSION ANDY WAS TORN DOWN AND THE O OVERGROWTH WAS SCRAPED IN 20 23, 30 YEARS, NOT REALIZING HOW CLOSE BUCKNER BOULEVARD IS TO OUR HOUSE. SO ALL OF THAT WENT AWAY. AND NOW WE HAVE GONE FROM HAVING A LITERAL GREEN SCREEN ON TWO SIDES OF OUR PROPERTY TO NOISE AND LIGHT POLLUTION THAT'S SO BAD THAT WE'VE HAD TO PUT DARK OUT CURTAINS IN OUR MASTER BEDROOM. SO THAT HEADLIGHTS FROM BUCKNER BOULEVARD ARE NOT SHINING ON US WHEN WE'RE TRYING TO GO TO SLEEP AT NIGHT. SO THE DEVELOPMENT HAS DRASTICALLY CHANGED THE LOOK AND FEEL OF OUR HOME, BUT WE KNEW CHANGE WAS COMING. WE WELCOMED THE CHANGE. WE HAD SO MANY PROBLEMS WITH THAT WHOLE ABANDONED PROPERTY BEHIND US OVER THE YEARS. UM, WE, WE KNEW IT WAS GONNA CHANGE AND WE WERE HAPPY WHEN IT, WHEN THE CHANGE BEGAN TO HAPPEN, BUT WE WERE NOT HAPPY. UM, YOU KNOW, THAT THE ORIGINAL IDEA WAS TO GO FROM TWO SINGLE FAMILY RESIDENCES TO TO 15 AND MY HUSBAND AND I WERE DOWN HERE OPPOSED TO THE DEVELOPMENT. OKAY? WE DIDN'T WANT, WE WANTED CLOSER TO SIX HOUSES. WELL, WE, WE LOST THAT. WE KNOW THAT. AND, UM, A REALLY BIG VARIANCE FOR A NEIGHBORHOOD HAS ALREADY BEEN APPROVED BY THE CITY. SO PLEASE, AS YOU'RE CONSIDERING THIS HUGE DECISION, UM, PLEASE CONSIDER FOLLOWING THAT HUGE DECISION WITH ONE THAT WILL IMPROVE THE QUALITY OF THE LIFE OF THE PROPERTIES THAT ARE ACTUALLY BORDERING THE NEW DEVELOPMENT. AND SO JUST TO ADD ON TO THAT, WITH A COUPLE OF THINGS THAT JOHN MILLER WANTED TO ADD, HE IS STRONGLY ENDORSING THE VARIANCE. HIS REASONS ARE SECURITY. SINCE THE NEW CITY OF DALLAS APPROVED FLAT HAS BACKYARDS FACING BUCKNER, MY NEW NEIGHBORS NEED THE HIGHER BARRIER TO ENSURE A SAFE ENVIRONMENT. BUCKNER IS A HEAVILY TRAVELED STREET AND A FOUR FOOT WALL OFFERS NO ELEMENT OF SECURITY. UM, NOISE REDUCTION FOR ALL LANDOWNERS ABETTING THE NEW DEVELOPMENT. WHEN WE MOVED INTO OUR HOUSE IN 94, WE BACKED UP TO THIS LARGE ESTATE HOME WITH A HEAVILY TREE LOT. IT OFFERED US AND OUR IMMEDIATE NEIGHBORS A BUFFER FROM THE NOISE AND DELIGHT FROM BUCKNER AND A VERY PASTORAL SETTING. NEITHER OF THOSE EXIST TODAY, BUT WE WOULD DELIGHT TO ATTAIN SOME LEVEL OF NOISE AND LIGHT ABATEMENT, COURTESY OF HIGHER FENCING. AND THEN FINALLY, AND THIS IS EXACTLY WHAT JEFF WAS SAYING A MINUTE AGO. HATE TO BE REDUNDANT. UM, FOR OVER 30 YEARS, THE PROPERTY ALONG BUCKNER, THE ONE THAT HAS BEEN, IS BEING REDEVELOPED, HAD A HUGE 12 FOOT HEDGE GOING ALL THE WAY DOWN IT. YOU COULD HARDLY SEE THE HOUSE FROM BUCKNER BOULEVARD. SO, AND NO, NO NEIGHBORS COMPLAINED ABOUT THAT. NOT NOT TO OUR KNOWLEDGE ANYWAY. SO, AND, AND THEN GO RIGHT ACROSS HERMOSA, WHICH IS OUR NEIGHBORHOOD STREET, THE HOUSE ON THE CORNER ON BUCKNER ALL THE WAY UP. JEFF SHOWED YOU PICTURES. IT HAS THE SAME HEDGE THAT WE'RE, THAT WE'RE IN SUPPORT OF NOW THE WALL AND THE HEDGE. SO WHAT JOHN IS SAYING IS THAT THE DEVELOPERS ARE REALLY LOOKING TO RESTORE WHAT HAD ORIGINALLY BEEN ON THAT PROPERTY LINE AND, UM, BUT, BUT ACTUALLY WITH A MUCH NICER LANDSCAPING PLAN. SO THANK YOU FOR YOUR CONSIDERATION. I WANNA SAY WE'RE LOOKING VERY FORWARD TO MEETING OUR NEW NEIGHBORS IN OUR NEIGHBORHOOD AND, UM, WE WANNA, WE WANT THEM TO HAVE A SAFE PLACE TO LIVE. THANK YOU. THANK YOU VERY MUCH. NEXT SPEAKER, MS. BOARD SECRETARY, MS. JOANNA OWENS. JOANNA OWENS, UH, WE WERE ACTUALLY PLANNING ON MY HUSBAND GOING FIRST. WE LIVED RIGHT NEXT TO THE DEVELOPMENT AND WELL, DO YOU WANT HIM TO SPEAK BEFORE YOU PROBABLY 'CAUSE HE Y'ALL GET A BETTER IDEA. DO Y'ALL UNDERSTAND? CAN I ASK A QUESTION? DO Y'ALL UNDERSTAND? NO. WHERE? NO, YOU'RE, THIS IS NOT A, THIS IS NOT A TIME FOR YOU TO ASK US QUESTIONS. OKAY. OKAY. THIS IS THE TIME FOR YOU TO YES, YOU CAN GO FIRST. OKAY. WE CAN GO IS ONE SECOND. WHAT IS HIS NAME? JONATHAN. JONATHAN OWENS ONE. IS HE ON YOUR LIST? ONE IS HE ON YOUR LIST? ALL RIGHT. SO MS. BOARD SECRETARY, WOULD YOU CALL HIS NAME? [01:55:01] JONATHAN OWENS. NOW HE CAN COME FORWARD. HOW ABOUT THAT? GREETINGS. OKAY. IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN OUR, OUR BOARD SECRETARY WILL SWEAR YOU THERE. JONATHAN OWENS 1, 4 1 1 NORTH BUCKNER BOULEVARD. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE PROCEED. AND YOUR PROPERTY OWNER NUMBER 10. I'M JUST SAYING ON OUR MAP. YES, WE NUMBER, JUST SO YOU KNOW, ALL KNOW THAT WE, WE GET MAPS WITH LISTING OF PROPERTY OWNERS. OKAY, PERFECT. AND UM, WE HAD A PDF PRESENTATION THAT WE PUT TOGETHER. YOU HAVE A WHAT SIR? A PDF PRESENTATION. OKAY. IT'S NUMBER AND IT, FROM WHAT I SEE IN HERE, YOU'RE THE PROPERTY, YOUR PROPERTY IS DIRECTLY NORTH OF THE PROPOSED SITE. THAT'S ACCURATE. THE MOST CLOSEST ADJACENT TO THE NORTH. THAT'S RIGHT. WE SHARE, UH, SIDE PROPERTY, PROPERTY LINE WITH THE PROPOSED DEVELOPMENT. IT GOES EAST TO WEST. YES. YES. OKAY. UM, OKAY. SO, UH, HERE WE ARE AGAIN TALKING ABOUT THIS. AND LAST TIME I WAS UP HERE I SPOKE FROM A VERY PERSONAL PERSPECTIVE. YOU'RE GONNA HEAR A LOT OF, UM, THOUGHTS ABOUT WHY PEOPLE BELIEVE THAT THIS WALL IS A BAD IDEA. AND I THOUGHT IT WOULD BE HELPFUL JUST TO SORT OF LEAD WITH SORT OF PAINTING THE PICTURE OF WHAT THIS NEIGHBORHOOD ACTUALLY LOOKS LIKE. UM, AND SO THE DOT ON HERE IN EAST DALLAS IS CASA LINDA. UH, NEXT SLIDE PLEASE. UM, THE PROPOSED DEVELOPMENT WHERE THE WALL IS BEING ASKED FOR IS REPRESENTED HERE IN GREEN AND THE GRAY AREA IS CASA LINDA PROPER. NEXT SLIDE PLEASE. SO WHAT YOU SEE HERE, UM, THE TWO GREEN PROPERTIES ARE THE PREVIOUS PROPERTIES THAT WERE ACQUIRED BY THE DEVELOPER WHERE THE TWO HOUSES WERE TORN DOWN. AND THE OTHER 25 YELLOW PROPERTIES ARE THE, UH, THE OTHER PROPERTIES IN CASA LINDA, THE FRONT ON BUCKNER. AND THERE'S A, THERE HAVE BEEN A COUPLE OF SWEEPING STATEMENTS MADE BY THE APPLICANT THAT THERE ARE SEVERAL PRECEDENTS FOR A SEVEN FOOT SOLID WALL IN THE AREA. AND I JUST THOUGHT IT WOULD BE NICE SHORT OF ANYTHING OF US JUST MEETING IN THE NEIGHBORHOOD AND WALKING AROUND SHOWING YOU SOME PHOTOGRAPHS UP AND DOWN THAT STREET TO SHOW WHAT THE CHARACTER OF THE NEIGHBORHOOD REALLY IS ALONG BUCKNER. UH, NEXT SLIDE. AND SO, UM, WE'RE STARTING AT THE NORTHERN END AND WE'RE GONNA WALK ALL THE WAY DOWN THE STREET ONE WAY AND THEN GO ALL THE WAY BACK NORTH. UH, NEXT SLIDE. AND AT THIS POINT WE CAN PROBABLY CLICK THROUGH THESE LIKE EVERY FIVE SECONDS BECAUSE IT IS GOING TO BE REDUNDANT, BUT THAT'S SORT OF THE POINT. AND AS WE GO THROUGH THESE IMAGES, I WANT YOU TO NOTICE THE A HUNDRED FOOT SETBACK, THE LACK OF PERMANENT STRUCTURES AND SOLID WALLS AND THE USE OF LANDSCAPING. SO WE CAN KIND OF THUMB THROUGH THESE OR PROCEEDING SOUTH DOWN THE SIDEWALK. AND WE'RE LOOKING A LITTLE BIT TO THE RIGHT. ARE YOU SPEAKING IN FAVOR OF THE REQUEST OR IN OPPOSITION OF THE REQUEST IN OPPOSITION? HOLD ON THEN MS. WILLIAMS, WE'RE SUPPOSED TO BE ONLY LISTENING TO RIGHT NOW. PEOPLE IN FAVOR OF THE REQUEST. I'M SORRY. YEAH, THE REST OF 'EM ARE IN OPPOSITION. I'M SORRY. YEAH, I WAS TRYING TO GET A, GET A PICTURE. YES, THERE WAS A LINE IN THE SAND IN BETWEEN OUR RULES OR PROCEDURE IN OUR RULES SAY THAT THE APPLICANT SPEAKS AND THEN THOSE IN FAVOR SPEAK AND THEN AN OPPOSITION SPEAK. THEN THERE'S REBUTTAL. SO HOW MANY MORE DO WE HAVE THAT ARE IN FAVOR? NO OTHER SPEAKERS. HE, THERE'S NO OTHER ONES IN FAVOR? NO. OKAY, SO HE'S THE FIRST IN OPPOSITION. CORRECT. ALRIGHT, YOU CAN'T PROCEED. SORRY, . I WAS TRYING TO FOLLOW YOUR LINE OF THOUGHT HERE AND I THOUGHT, WAIT A MINUTE, THIS DOESN'T SOUND LIKE SUPPORT. THIS SOUNDS LIKE OPPOSITION. GOTCHA. OKAY. JUST TRYING TO FOLLOW OUR RULES OF PROCEDURE. SO WE CAN KIND OF THUMB THROUGH THESE SORT OF QUICKLY. I KNOW I DON'T WANT TO TAKE LONGER THAN FIVE MINUTES AND IT'S GONNA START TO GET PRETTY REDUNDANT, BUT THIS IS PROCEEDING DOWN BUCKNER. THIS IS WHERE THE PROPOSED WALL WOULD EXIST. THIS IS GOING FURTHER DOWN BUCKNER LOOKING AT SOME OF THE, SOME OF THE WROUGHT IRON FENCES ARE THREE FOOT AND SOME ARE FOREFOOT. THE REST OF IT IS FILLED WITH LANDSCAPING. AND EVERY SINGLE PROPERTY DOWN THE STREET OBSERVES THE A HUNDRED FOOT SETBACK. AND THERE ARE NO SOLID WALLS OF ANY KIND, LET ALONE ONES THAT ARE SEVEN FEET TALL. THIS IS GOING BACK UP [02:00:01] BUCKNER OPEN LOTS, NO SOLID WALLS GOING FURTHER UP THE STREET. AND THESE ARE SOME OF THE PROPERTIES THAT WILL BE RIGHT ACROSS THE STREET FROM THE DEVELOPMENT LANDSCAPING, THREE TO FOUR FOOT WROUGHT IRON FENCES, NO WALLS, EVERY PERMANENT STRUCTURE SET BACK MORE THAN A HUNDRED FEET. AND YOU CAN KEEP GOING A FEW MORE AND QUICK PAUSE WHEN WE GET TO THE AERIAL AGAIN. AND THIS IS THE LAST PROPERTY. SO, UM, THEN I'D LIKE TO GET A LITTLE BIT MORE PERSONAL ABOUT OUR PROPERTY IN PARTICULAR, WHICH IS RIGHT NEXT DOOR TO THE DEVELOPMENT. UM, AND I HAVE TWO SLIDES WHERE IF YOU WANT TO GO TO THE NEXT ONE, IT WILL SHOW, THIS IS A VIEW LOOKING FROM OUR FRONT PORCH OUT TO BUCKNER BOULEVARD. AND THE, THE PLACE WHERE THE WALL WILL BE IS HERE TO THE RIGHT WHERE YOU CAN SEE THE WHITE CAR AND UH, WELL YES, FROM OUR FRONT PORCH LOOKING OUT TOWARDS BUCKNER. YES, THAT'S CORRECT. AND IF YOU'LL GO TO THE NEXT, THE PROPERTY'S ON THE RIGHT HAND SIDE AND THE TRUCK WE SEE IS GOING SOUTH ON BUCKNER. THAT IS ACCURATE. OKAY. AND IF YOU'LL GO TO THE NEXT SLIDE, THIS SHOWS OUR VIEW FROM OUR FRONT PORCH. IF A SEVEN FOOT WALL WAS BUILT THERE AND IN RESPONSE TO ADVERSELY AFFECTING NEIGHBORING PROPERTIES, I THINK THAT THIS SPEAKS FOR ITSELF. SO I'M, I'M GONNA INTERRUPT YOU MM-HMM . TO ASK A QUESTION. IT MAY HELP YOUR POSITION OR MAY NOT. UM, SO WHAT'S GOING TO BE THE WALL THAT'S GONNA GO FROM THAT LEFT CORNER WEST TBD? SO HAVE YOU HAD A CONVERSATION WITH THE PROPERTY OWNER THAT'S MAKING THESE REQUESTS ABOUT THE WALL THAT GOES ACROSS THAT WILL BE UP TO THE INDIVIDUAL THAT PURCHASES THE PROPERTY, BUT IT IS STILL OUR FRONT YARD? NO, I'M NOT DISRESPECTING YOUR FRONT YARD. OH YEAH, I'M NOT AT ALL. I'M, I, WHAT PART OF MY QUESTIONS THAT'S COMING FOR THE PROPERTY FOR THE APPLICANT IS, OKAY, YOU, YOU, YOU REQUESTING A WALL, LONG BUCKNER GOT THAT. MM-HMM . REQUESTING A LONG WALL, LONG OSA GOT THAT. WHAT ABOUT THE TWO OTHER SIDES OF THE PROPERTY? YEAH, THIS SIDE HERE, WHERE YOU'RE AT, WHAT'S THE WALL GOING TO BE OR NOT? AND IT'S NOT DIRECTLY RELEVANT TO OUR CASE. THAT'S RIGHT. BECAUSE IT'S NOT PART OF THE REQUEST, BUT IT'S RELATIVE THE, TO THE PART OF OUR CRITERIA ABOUT AFFECTING NEIGHBORHOOD PROPERTIES. AND SO AS OF RIGHT NOW, WHAT IS GONNA BE ON THIS WALL THAT'S GONNA HAVE THE BACK END OF SEVERAL HOUSES? I, I DON'T KNOW. IS THAT YOUR FENCE THERE NOW OR? YES, IT IS. YEAH. IT'S, AND IT'S YOUR, IT'S AT A WROUGHT IRON FENCE OR SOMETHING? THAT'S RIGHT. YEAH, ABOUT THREE AND A. OKAY. AND HOW TALL IS THAT FENCE? IT'S ABOUT THREE AND A HALF FEET TALL DEPENDING ON WHERE YOU MEASURED GRAY. WELL YOU, THE SIDE YARD YOU CAN DO AS MUCH AS YOU WANT. I DON'T KNOW IF IT'S UP TO EIGHT OR WHATEVER, BUT OKAY. RIGHT. BUT IT'S, THAT'S YOUR FENCE THERE. RIGHT. AND IT'S ALL WITHIN THE 100 FOOT FRONT YARD SETBACK ON BUCKNER. UH, OKAY, I GET YOU. ALRIGHT. I'M JUST, SO YOU PAINTED THAT VERY VISIBLY MM-HMM . SO I'M NOW TRYING TO ENVISION WHAT THE WALL'S GONNA BE ALONG THE OTHER SIDE OR NOT. OKAY. SO THIS IS A QUESTION FOR YOU AND ALSO FOR THE APPLICANT WHEN HE GETS HIS TIME IN THE BOX AGAIN MM-HMM . OKAY. SO I, MY QUESTION WASN'T FOR OR AGAINST YOU, I'M JUST OKAY. ANYTHING ELSE? THAT'S IT. OKAY. VERY GOOD SET OF PICTURES. PERFECT. THANK YOU VERY MUCH. AND YOUR NAME AGAIN IS JONATHAN OWENS. OKAY. AND YOU'RE NUMBER 12? NO, NO, YOU'RE NUMBER 10. 10 HOMEOWNER NUMBER 10 AT 1411, RIGHT? THAT'S CORRECT. THANK YOU. THANK YOU MS. WILLIAMS. THE NEXT SPEAKER, MS. JOANNA OWENS. OKAY, NUMBER TWO AT 1411. HELLO, I AM JOANNA OWENS. I AM AT ALSO AT 1 4 1 1 NORTH BUTNER BOULEVARD. WE HAVE THE PROPERTY AS YOU CAN SEE RIGHT NEXT DOOR AND THE, EXCUSE ME, I'M SORRY, I'M GONNA SWEAR YOU IN. OH, OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE COURT OF ADJUSTMENT? YES, PLEASE PROCEED. I'M GONNA TRY TO NOT BE REDUNDANT. SO Y'ALL ALREADY SAW EVERYTHING THAT HE PRESENTED WITH WHAT ACTUALLY IS OUR COMMUNITY AND WHAT IS THE FEEL OF OUR COMMUNITY [02:05:01] AND THE MISINFORMATION THAT YOU HAVE BEEN GIVEN BY THE APPLICANT IS INCREDIBLE. BUT I WANNA ACTUALLY START WITH THIS BECAUSE THIS IS THE MOST IMPORTANT THING TO ME. UM, AS OF RIGHT NOW, THE INTERSECTION OF HERMOSA AND BUCKNER THAT IS ON A CURB, THIS ENTIRE PROPERTY IS ON A GIANT CURB. OKAY? SO THE WALL WILL ACTUALLY BE CURVED ALSO AGAINST MORE IMPEDING THE SIGHT LINE AT AN INTERSECTION. THE INTERSECTION AT HERMOSA BUCKNER IS ACTUALLY PART OF A $3.7 MILLION FUNDING AGREEMENT WITH THE FEDERAL GOVERNMENT BECAUSE US DEPARTMENT OF TRANSPORTATION AND FEDERAL HARDWARE ADMINISTRATION AND THE CITY OF DALLAS HAS ACTUALLY, UM, CONSIDERED THAT AREA A HIGH INCIDENT RISK AREA AND HAVE ALREADY DOCUMENTS IN PLACE PART OF A VISION ZERO PLAN. THEY ALREADY HAVE DOCUMENTS IN PLACE TO RESTRUCTURE THAT ENTIRE LIGHT BECAUSE THERE'S SO MANY PEOPLE THAT ARE KILLED AT THAT LIGHT AND INCIDENTS THAT HAPPENED BECAUSE OF THE VISUAL ISSUES ALREADY AT THAT LIGHT. AND THEY'RE ASKING TO PUT UP A WALL LESS THAN 20 FEET AWAY FROM A LIGHT AND EXITING PROPERTY OF A PRIVATE PROPERTY WITH I'M GUESSING A SECURITY GATE WITHIN LESS THAN 45 FEET OF THAT LIGHT. NOW, I'LL ALSO SAY THAT EVERY SINGLE TIME I'VE SPOKEN TO THEM OR HEARD OR SEEN PRESENTED PLANS, THEY HAVE CHANGED EVERY SI WELL TIME I SEE A HOUSE LISTED FOR SALE ON THE PROPERTY. IT CHANGES PRICE, IT CHANGES THE WAY IT LOOKS. SOMETIMES IT'S MODERN, SOMETIMES IT'S TRADITIONAL. I DON'T CARE WHAT IT LOOKS LIKE. IF THEY WANNA BUILD A HOUSE WITH PINK, PURPLE, POLKA DOTS ON IT, THEY HAVE A RIGHT TO PRIVATE PROPERTY. WHAT THEY DO NOT HAVE A RIGHT TO. AND WHAT THE BOARD OF ADJUSTERS JOB IS, IS UPHOLD CODE THAT ACTUALLY PROTECTS THE NEIGHBORS, PROTECTS THE POLICE, AND FIRE, PROTECTS THE ACTUAL PEDESTRIANS, THE CYCLISTS. WE HAVE SO MANY CYCLISTS WHEN YOU'RE PULLING OUT ON BUCKNER OR EITHER ONE OF THOSE ROADS, YOU HAVE TO BE VERY, VERY CAREFUL BECAUSE WE HAVE SO MANY CYCLISTS FROM WHITE ROCK LAKE OVER THERE, WHICH WE LOVE BECAUSE THAT'S WHY ONE OF THE REASONS WE LIVE THERE. AND, UM, A COUPLE OF OTHER THINGS. AND UH, THIS IS ALSO PART OF THE DIXON BRANCH WATERSHED ACT. SO THAT MEANS ANY DRAINAGE OR RUNOFF OR ANYTHING THAT IS ACTUALLY OCCURRING FOR WHITE ROCK LAKE IS PROTECTED BY THE WATERSHED ACT, WHICH IS DIXON BRANCH, WHICH IS LESS THAN A BLOCK AWAY DOWNHILL FROM THIS PROPERTY. SO IT ACTUALLY VIOLATES ALL THE CODES OF THAT DIXON BRANCH AND WATERSHED ACT. SO WE HAVE MASSIVE TRAFFIC VIOLATIONS, WATERSHED RUNOFF ISSUES, NONE OF THE ENGINEERING HAS ACTUALLY BEEN PRESENTED. IT IS THE JOB OF THE APPLICANT TO PRESENT TO Y'ALL THE ACTUAL ENGINEERING. ALL OF THE PROJECTS, THE ARGUMENTS THAT SUPPORT WHY THIS IS GOOD FOR THE NEIGHBORHOOD, FOR THE AREA, EVERYTHING IN BETWEEN. IT IS NOT MY JOB TO ACTUALLY PRESENT Y'ALL WITH THE FACT THAT THESE THINGS EXIST. THEY EXIST THERE. THE FEDERAL ISSUE WITH THE STATE HIGHWAY, ACTUAL ACCIDENT REPORTS, IT CALLED HISP, UM, AND ALL THE WATERSHED ACT, THE DIXON BRANCH RUNOFF, ALL OF THE THINGS ALONG THE LINES WITH THAT. UM, THE OTHER THING I WANTED TO SPEAK ON IS DALLAS FIRE RESCUE AND EMERGENCY CREW. WE HAVE SUCH A DIFFICULT TIME IN THIS AREA BECAUSE WE HAVE LIMITED RESOURCES WITH OUR DALLAS POLICE AND OUR FIRE AND RESCUE TO PUT THEM AT DANGER BY BUILDING A WALL THAT THEY CANNOT SEE THROUGH. THAT IS THE REASON WE HAVE ALL ADHERED TO THE CODE, WHICH IS A SEEABLE AREA WITHIN ALL OF THE AREA BECAUSE THERE'S SO MUCH WOODED AREA AND AREAS THAT PEOPLE CAN RUN, GET PASSED. POLICE NEED TO BE ABLE TO SEE THROUGH TO THE PROPERTY. IF SOMEBODY CAN GET OVER THE WALL, THEY CAN GET, THEY CAN GET STUCK ON THE OTHER SIDE. ALSO, IF POLICE AND FIRE CANNOT SEE, THEY CANNOT ENTER THE PROPERTY. THE CODES ARE THERE THAT ARE VERY CLEARLY STATED THAT YOU HAVE TO BE ABLE TO ENTER A PROPERTY THROUGH A SIDE STREET AND A FRONT STREET. [02:10:01] THIS ACTUALLY IMPEDES THAT COMPLETELY. SO WE HAVE NOW IMPEDING FIRE, POLICE AND RESCUE AND EMERGENCY CREW AND ACTUALLY MAKING IT A MASSIVE DANGER FOR THEM. THEY DO NOT NEED TO BE WORRIED ABOUT WHETHER THEY'RE GONNA GET HURT OR INJURED OR JUST RESPONDING TO A CALL. IT'S ALREADY A DIFFICULT AREA THAT BUMPS RIGHT UP AGAINST SOME VERY, VERY VIOLENT AREAS WHERE YOU CAN GO INTO THE PARK, THE BLOCK AROUND THE STREET AND IT CAN HAVE BULLET CASINGS ALL OVER IT. BUT BUCKNER BOULEVARD IS USED AS A JUST RACING LANE. WE'VE ACTUALLY HAD PEOPLE RUN THROUGH OUR YARD AND HIT OUR HOUSE. A WALL IS NOT GOING TO PROTECT OUR HOUSE. OKAY. IT IS ONLY GOING TO HURT MORE PEOPLE THAT ARE PEDESTRIANS TRAFFIC AND IMPEDE THAT AND IT'S GONNA ACTUALLY HAVE A MAJOR PROBLEM THAT BUMPS UP AGAINST WHAT THEY ALREADY HAVE IN THE VISION PLAN. THAT IS A STATE AND CITY, UM, FILE ON FILE THAT THEY HAVE MONEY DEVOTED TO THIS STARTING IN FEBRUARY, 2026, WHICH THEY HAVE NOT EVEN MENTIONED. AND IT IS A MAJOR ISSUE. SO WE HAVE SEVERAL DIFFERENT ISSUES HERE THAT I THINK WITH PREJUDICE DENYING IT WOULD BE ABSOLUTELY THE SMARTEST THING OR THE CITY BECAUSE THE RISK THAT IT IMPOSES ON THE CITY, NOT ON US OR HOW IT LOOKS, BUT THE CITY IS AT RISK IF THEY DO ACTUALLY APPROVE A SITUATION LIKE THIS WHERE YOU HAVE NO STUDIES, ENGINEERING'S NOT DONE, AND IT ACTUALLY CREATES MORE OF AN INCIDENT FOR PEOPLE TO GET INJURED, EMERGENCY CREW, ALL OF THAT. THANK YOU. THANK YOU. THANK YOU VERY MUCH. YOU'RE WELCOME. MR. ROBERT SHERMAN. MY NAME'S ROBERT SHERMAN. I LIVE AT 94 15 REDONDO DRIVE, DALLAS, TEXAS. I ALSO OWN, LET ME SWEAR YOU IN. PLEASE WHAT I NEED TO SWEAR YOU IN, PLEASE. YEAH. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE COURT OF ADJUSTMENTS? YES. OKAY. PLEASE PROCEED. WHAT I WAS ABOUT TO SAY WAS I OWN HALF THE HOUSE AT 1410 BELLA VISTA. MY PARENTS LIVED IN, I WAS RAISED. WOULD YOU GIVE IT ONE SECOND SIR? WOULD YOU GIVE ME YOUR ADDRESS AGAIN? I'M TRYING TO FIND YOU ON THE MAP. WHICH ADDRESS? MY HOUSE OR? YES, THE HOUSE I OWN HALF OF THAT WAS MY PARENTS' HOUSE. THAT BACKS UP TO THE PRO PROJECT. WELL, YOU CAN, YOU CAN GIVE ME AN ADDRESS. YOU WANT ME TO FIND YOU. SO TELL ME WHAT YOUR ADDRESS IS. MY ADDRESS IS 94 15 REDONDO DRIVE. I'M NEXT TO AN ADJOINING THE POST OFFICE. OKAY, SO YOU'RE OUTSIDE OF THE NOTIFICATION AREA. 94 15 IS JUST NORTH? YES, I'M OUTSIDE THE NOTIFICATION AREA, BUT THE 1410 BELLA VISTA ADDRESS IS INSIDE THE NOTIFICATION AREA. I, UH, THAT'S UNDER, UH, MAJORY SHERMAN ESTATE OF, YES. OKAY. SO DO YOU LIVE AT 14, 10 OR SOMEONE ELSE LIVES? I LIVE, MY SISTER LIVES IS LIVING AT 1410. SHE SENT A LETTER INTO YOU ALL OPPOSING THE WALL. OKAY. ALRIGHT. I OPPOSED, I'M SORRY TO INTERRUPT. I JUST WANTED TO FIND YOU ON THE, ON THE CHARGE. THAT'S FINE. PROCEED SIR. THE WALL'S NOT IN KEEPING WITH THE NEIGHBORHOOD. AS YOU SAW FROM ALL THE SLIDES, THERE AREN'T ANY WALLS LIKE THAT GOING DOWN THERE. IF THEY WANT TO LET 'EM PLANT SOME SHRUBS AND THEY CAN PUT UP THEIR TWO FOOT BARRIER WALL. I GOT A BUNCH OF SIGNATURES YOU HAD EXPRESSED AN INTEREST IN. I WALKED CASTLE LINDA, I HIT CASTLE LINDA PARK, I HIT THE SHOPPING CENTER FOR SIGNATURES OF PEOPLE. THAT IS THE COMMUNITY. THEY ALL AREN'T IN NOW. OUR ZIP CODE THAT ARE AGAINST THE WALL, I THINK WE'D HAVE PROBABLY OVER 400 SIGNATURES OF PEOPLE THAT ARE NOT FOR THE WALL. AND THEY ALL KNOW THE AREA DUE TO THE MANSION HOUSE THAT WAS BULLDOZED DOWN THERE, YOU KNOW, THE BIG HUGE HOUSE THAT PART OF THE, THAT WAS ON THE DEVELOPMENT. SO EVERYBODY'S FAMILIAR WITH THE AREA THAT I GOT THE SIGNATURES FROM. SO THAT ENDS MY PRESENTATION. THANK YOU VERY MUCH, SIR. MR. PHIL MENDEL HAUSEN [02:15:03] HO HOLD ON ONE SECOND. ONCE YOU GET THERE FOR THE RECORD, OUR BOARD SECRETARY IS GIVING US A HANDOUT THAT I THINK YOU SU YOU SUPPLIED. IS IS THE GREEN LIGHT ON? OKAY. ALRIGHT, SIR, IF YOU GIVE US YOUR NAME AND ADDRESS, THEN OUR BOARD SECRETARY WILL SWEAR YOU IN. MY NAME IS PHILLIP MENSHA AND I LIVE AT 94 25 HERMOSA DRIVE. THAT PUTS YOU AT PROPERTY NUMBER 19 ON MY LITTLE CHART. THANK YOU. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. SO YOUR PROPERTY, IF I'M CORRECT, SIR, IS THE ONE I WAS SPEAKING TO EARLIER, THE PROPERTY THAT IS FRONT HERMOSA AND IS WEST OF THE PROPERTY? THAT'S CORRECT. AT THE CORNER, AT THE BOTTOM SOUTHWEST CORNER OF THE PROPERTY? THAT'S CORRECT. OKAY. GO AHEAD AND PROCEED, SIR. AS I SAID BEFORE, MY NAME IS PHILLIP MENDERSHA. I BOUGHT MY HOME ON HERMOSA DRIVE 51 YEARS AGO. THE SEVEN FOOT CONCRETE WALL STARTS AT MY PROPERTY, WHICH TOUCHES 200 HUNDRED AND 58 FEET OF THE PALOMA DEVELOPMENT. I CANNOT DO JUSTICE TO MY FEELINGS ABOUT THIS AWFUL WALL IN THE FIVE MINUTES ALLOTTED TO ME AS YOU COULD HOPEFULLY SEE ON THE SCREENS. UM, FROM THE ADVERTISEMENT IN THE DALLAS MORNING NEWS PAID BY CARL BROWN AND HIS WIFE IDA IN 1938. THEY'RE THE ORIGINAL DEVELOPERS OF CASTLE ESTATES. THEY TRULY HAD A NEIGHBORHOOD IN MIND THAT WAS DISTANT FROM THE CITY WHERE YOU COULD BREATHE AND SEE GREEN VISTAS AND HAVE PECAN LIVE OAK AND HACKBERRY TREES GROWING NEXT TO YOUR HOME, NEIGHBORHOODS OR COMMUNITIES WHERE THE HOMEOWNERS CAN SEE ALL ONE ANOTHER THAT SEE TO EACH OTHER, TO SOCIALIZE, PLAY, AND COOK TOGETHER WHERE YOU RECOGNIZE THE NEIGHBOR'S DOGS ON SITE AND CALL THE OWNER WHEN AN UNUSUAL CARS ARE SPOTTED AND HELP IS OFFERED IF THEIR BUSINESS IS NOT CLEARLY RECOGNIZED. NOW, I KNOW WHAT YOU'RE LOOKING AT IS THAT ADVERTISEMENT AND MANY SCREENS ARE DIFFICULT TO READ. SO I'M I'M GOING TO READ IT TO YOU WHAT THAT AD SAYS. THE EASTWARD MARCH AND THIS, THESE ARE THE WORDS OF CARL BROWN. IN 1938, THE ORIGINAL DEVELOPER OF CAS LINDA ESTATES, WHO PUBLISHED THIS ADVERTISEMENT IN THE DALLAS MORNING NEWS, THE EASTWARD MARCH OF PROGRESS IN DALLAS'S FIND HOME DEVELOPMENTS NOW MEETS THE MODERN DEMAND FOR CITY LIFE IN THE COUNTRY. WHERE THE OPENING DAY TODAY, CASTLE LINDA ESTATES THIS THE ONLY HIGHLY PROTECTED COUNTRY HOME SECTION EAST OF DALLAS, AFFORDS ALL THE ADVANTAGES OF A BEAUTIFUL APPROACH AND THE RECREATIONAL FEATURES OF DALLAS PARK BOARDS MAMMOTH AREA SURROUNDING WHITE ROCK LAKE. HERE YOU COULD REALLY HAVE YOUR COUNTRY HOME OVERLOOKING THE LAKE JUST OUTSIDE THE CITY LIMITS. REACH OVER PAVED ROADS FROM ALL DIRECTIONS AND SERVED BY NUMEROUS DRIVES THAT WIND IN AND ABOUT WHITE ROCK LAKE, 200 ACRES LAID OUT BY A CITY PLANNER OF NATIONAL REPUTE, A WINDING DRIVE, FULLY RESTRICTED SECTIONS TO RESIDENTS IN THREE DIFFERENT PRICE GROUPS. THE FIRST PRICE GROUP HOMES COSTING FROM THREE TO $5,000 A PIECE. THE SECOND HOMES FROM 5,000 TO 10,000, AND THE THIRD HOMES FROM 10,000 TO 30,000. THAT'S 1938. ALL IMPROVEMENTS IN CAS LINDA ARE STANDARD, ARE BETTER AND ALL BUILDING WILL BE DONE UNDER FULL ARCHITECTURAL SUPERVISION. NO CROWDED CITY LOTS IN CASA LINDA ALL ESTATES ROOM FOR BREATHING, FOR ENJOYING COUNTRY LIFE TO THE FULLEST AND ACTUALLY LIFE LESS THAN THE USUAL PRICE OF THE CI, THE CHEAPEST CITY. LOTS ESTATES OF A MINIMUM SIZE OF A HUNDRED BY 200 FEET, WHICH IS ABOUT HALF AN ACRE FOR $695 IN TERMS FOR LARGER SIZES, UP TO FOUR ACRES, PROPORTIONATELY LOW IN PRICE. THINK OF IT, THE ESTATE YOU BUY IN CASTLE LINDA FOR $695 FIGURES AT THE RATE OF ONLY 257 AND A HALF [02:20:01] DOLLARS FOR 50 BY 150 FEET OR THE STANDARD CITY LOT. THERE IS NOTHING TO PREVENT YOU FROM SELECTING YOUR ESTATE NOW IN CASTLE LINDA ESTATES AND STARTING YOUR HOME AT ONCE, THE PAVING, THE GAS, THE ELECTRICITY, THE WATER, THE TELEPHONE, ALL THESE CITY CONVEYANCES ARE GOING IN AND WILL BE READY FOR YOU AND YOUR HOMES WHEN THEY ARE COMPLETED. VALUES ARE HERE. VALUES WILL INCREASE. PRICES WILL INEVITABLY FOLLOW THE VALUES AND ARE BEING PROTECTED BY IN EVERY POSSIBLE WAY, EVEN IN THE REGULATION. 50 TO A HUNDRED FEET SETBACK OF HOMES ALL TO ENSURE THE INCREASINGLY BEAUTY BEAUTY OF THIS MODEL COUNTRY HOME COMMUNITY. DRIVE OUT BEAUTIFUL TREELINE GASED AVENUE. FOLLOW THE DIRECTIONS FROM ABOVE AND SEE THE PROPERTY AND STEP AT THE STOP IN, AT THE FIELD OFFICE FOR FULL INFORMATION AND PRICES. CARL M. BROWN OWNER DEVELOPER TELEPHONE. COME TO THE FIELD OFFICE AT BUCKER BOULEVARD IN HERMOSA DRIVE. WHAT BARRON AND TURNBULL LA JOLLA DRIVE. LLC PROPOSE IS A CANCER OR ASSIST INSERTED INTO THE CENTER OF A HEALTHY NEIGHBORHOOD OF LARGEST STATES, STATES. THEY PROPOSE 15 LUXURY, TWO AND A HALF MILLION DOLLARS HOMES CLUSTERED AROUND A CENTRAL SHARED DRIVEWAY AND WALLED AWAY FROM THE NEIGHBORHOOD WITH A SEVEN FOOT PROPOSED CONCRETE WALL. AND THEY HAVE THE UNMITIGATED GALL TO CALL THIS DEVELOPMENT A PART OF OUR CASTLE LINDA ESTATES. THOSE 15 HOMES ARE NOT ESTATES, BUT OUR BUILDINGS CRAMMED TOGETHER ON LOTS SMALLER THAN HALF AN ACRE. THEY MAY BE A NEIGHBORHOOD TO THEMSELVES, BUT THEY ARE WALLED OFF BY THEIR OWN DESIGN FROM THE NEIGHBORHOOD THEY HAVE INVADED. AS AN EXAMPLE, THE PALOMA DRIVE NEIGHBORHOOD COULD BECOME A NUDIST COLONY AND THE MAILMAN WOULD BE THE FIRST AND LAST TO KNOW UNLESS HE CHOSE TO INFORM THE REST OF CASSA. LINDA. SO ALL THE HAPPY TALK, HAPPY TALK ABOUT PALOMA FITTING INTO THE EXISTING NEIGHBORHOOD IS WITH RESPECT TO THE LADIES IN THE PRESENT ROOM, COMPLETELY INCONSISTENT WITH THE TRUTH. ASK MR. BALDWIN WHY HE WANTS TO EXTEND THE FENCE HEIGHT TO SEVEN FEET. WHAT REASON YOU ASK? THE REASON IS TO SECURE THE BACKYARD OF THE HOMES FROM THE PRYING EYES OF THE NEIGHBORHOOD AND THE PUBLIC AND TO BETTER SELL THOSE HOMES. THAT WOULD BE HIS RESPONSE. I'M SORRY TO TELL YOU THIS, BUT THE BACKYARD IS NOT A BACKYARD. IT FRONTS ON BUCKNER BOULEVARD AND IS DEFINED BY THE CITY AS A FRONT YARD, A REQUIRED FRONT YARD TO BE PRECISE. CALL IT WHAT YOU WILL IF IT FRONTS ON A ROAD, IT'S A FRONT YARD PERIOD. END OF STORY. THE WALL SERVES NO OTHER PURPOSE THAN TO HELP LA JOLLA DRIVE LLC GET A BETTER PRICE FOR THEIR HOMES, WHICH THEY CALL A ESTATES. AND WE HAVE TO PUT UP WITH THE EYESORE TO HELP THEM SELL THEIR LOTS. QUESTION MARK. THE MAYOR WANTS MORE HOUSING IN THE CITY OF DALLAS TO INCREASE PROPERTY TAX REVENUES. THE CITY COUNCILWOMAN PLAYS ALONG WITH THIS. WHILE THOSE IN THE NEIGHBORHOOD ASSOCIATION, CASTLE LINDA ESTATES NEIGHBORHOOD ASSOCIATION OR CLEANER, WHICH IS DIRECTED BY REAL ESTATE AGENTS PLAN TO SPECIALIZE IN PALOMA PROPERTIES AND THE FERGUSON ROAD INITIATIVE. THOSE FOLKS HAVE NO PROBLEM WITH THE INVASION OF CASA LINDA ESTATES BECAUSE IT DOESN'T FIT INTO THEIR AGENDA. THE ONLY OBJECTION, OVERWHELMING ADJUSTED I MAY ADD COMES FROM THE HUNDREDS OF PEOPLE OVER 400 WHO LIVE HERE, SHOP HERE, GARDEN HERE, AND SIGN THEIR NAMES TO THE PETITIONS WE HANDED OVER TO YOUR SECRETARY MARY WILLIAMS THIS MORNING. SO GIVE US A REST BOARD OF ADJUSTMENT. DON'T LET THESE FOLKS MESS WITH CASSA. LINDA, ASK LOYAL DRIVE LLC TO ABIDE BY THE CURRENT DALLAS CITY DEVELOPMENT CODES AS WRITTEN OR GET OUT OF TOWN. THANK YOU FOR YOUR COMMENTS, SIR. THANK YOU MS. CAROL STEVENS. [02:25:15] IT IS LIVE. IF YOU GIVE US YOUR NAME, YOU GIVE US YOUR NAME AND ADDRESS, THEN OUR BOARD SECRETARY WILL SWEAR YOU IN. I'M CAROL, MY STEVEN. I LIVE AT 95 10 ALTMEYER DRIVE AND I MEAN THIS FALL IT WILL BE 70 YEARS. SAY THAT ADDRESS AGAIN. WHAT STREET? ALTA MYRA DRIVE. OKAY. ALTMEYER DRIVE. EVERYBODY ELSE CALLS IT ALTA MERA. OKAY. BACK IN THE, YOU LIVE THERE SO YOU GET TO CALL IT WHAT YOU WANT. 70 YEARS AGO WE WOULD SAY ALTMEYER, SO, OKAY. ANYWAY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE PROCEED. THANK YOU. SO WHEN OTHER BEFORE YOU PROCEED, MA'AM? YES. ALTMEYER IS ON THE EAST SIDE OF BUCKNER. I'M ON THE SOUTHEAST, SOUTHEAST OF THE PROPERTY PROPERTY. YES. GOTCHA. I FOUND YOUR, I FOUND YOUR STREET ON THE MAP. YEAH, I HAVE A BIG, BIG YARD. OKAY, VERY GOOD. OKEY DOKEY. IN THE LATE 1920S, CARL BROWN STARTED PURCHASING LAND FOR, FOR HIS FUTURE CASTLE LINDA ESTATES AND PA LINDA PLAZA. AT THIS TIME, HE BOUGHT MORE THAN 600 ACRES AROUND WHAT IS PRESENT DAY BUTNER BOULEVARD IN GARLAND ROAD WITH THE VIEW OF VISION FOR THE FUTURE. IN THE LATE 1930S, SEVERAL HOMES HAD BEEN BUILT. CONSTRUCTION CONTINUED OVER TIME WITH WORLD WAR II, SLOWING THINGS DOWN. OUR CASTLE, LINDA STATES HAS BEEN AROUND FOR SOME TIME. WE HOMEOWNERS, EXCUSE ME, ARE PROUD OF OUR HOMES AND VERY MUCH ENJOY THE OPENNESS AND SPACIOUSNESS OF OUR PROPERTIES. BUILDING A SEVEN FOOT CONCRETE FENCE ON BUTNER BOULEVARD AND HERMOSA DRIVE IS NOT CONSISTENT WITH OUR NEIGHBORHOOD. THE WALLS WOULD BE PHYSICALLY, WOULD PHYSICALLY DETRACT FROM THE OPEN CHARACTER OF THE NEIGHBORHOOD. THE WALL WOULD SEND A MESSAGE OF STAY OUT TO BOTH THE NEIGHBORHOOD AND THE GENERAL PUBLIC WALLS BROADCAST EXCL, I KNEW I WAS GONNA DO THIS EXCLUSIVITY. IN FACT, TO PARAPHRASE THE DEVELOPERS, DEVELOPERS, EXCUSE ME AGAIN. PEOPLE WHO BUY THEIR HOMES THERE DESERVE SECLUSION FROM THE REST OF THE NEIGHBORHOOD. WE, THE OWNERS OF THE NEIGHBORHOOD WANT TO PROTECT THE OPENNESS OF OUR NEIGHBORHOOD AND MAINTAIN WHAT IS CONSISTENT WITH THE CHARACTER OF OUR NEIGHBORHOOD. WE ASK THAT YOU DENY THIS PROPOSAL. WE HAVE MET THE DEVELOPER SEVERAL TIMES, AS YOU HAVE REQUESTED, OUR SUGGESTIONS HAVE BEEN IGNORED. PLEASE REALIZE THE HUGE NEGATIVE IMPACT THIS WILL HAVE ON OUR 96-YEAR-OLD NEIGHBORHOOD STATES. THANK YOU FOR YOUR TIME. THANK YOU VERY MUCH. YOU DID QUITE WELL. WELL, SORRY FOR ALL THE AND, AND PRINT OUT. YOU'RE GOOD. WONDERFUL. AND WHAT'S THE NAME OF YOUR STREET AGAIN? ALTA MEYER. AND IS THAT THE WAY IT WAS ORIGINALLY? SP SAID YES. SO STICK WITH THAT. WELL, I LIKE THAT. I'M TOO OLD TO CHANGE. NO, YOU'RE NOT. YOU'RE YOUNG IN SPIRIT, SO STAY THERE. STAY YOUNG IN SPIRIT TO SERVE. ABSOLUTELY. OKAY, THANK YOU VERY MUCH. UH, MS. MS. FORD SECRETARY NEXT SPEAKER. MS. JOAN LAYDEN. MY NAME IS JOAN LADEN. I LIVE AT 95 38 ALT. I'M A NEW RESIDENT, I SWEAR. . UM, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. UM, PLEASE PROCEED. THANK YOU. AT THE LAST MEETING HERE, YOU ASKED THE DEVELOPERS TO MEET WITH THE COMMUNITY, UH, TO GET DISCUSSION AND TO CONTINUE TO COME TO SOME COMPROMISE. UM, WE, WE DID MEET, WE HAVE SPOKEN IN MEETINGS, UH, INDIVIDUALLY BY PHONE AND ALSO BY TEXT. THE CASTLE LINDA STATE RESIDENCE OPPOSING THE WALL MADE [02:30:01] IT CLEAR WE WOULD DISCUSS OTHER OPTIONS INSTEAD OF THE WALL. NONE WERE OFFERED. I DON'T APOLOGIZE FOR POSING THE WALL. I'M NOT FEARFUL. GROWTH IS COMING TO OUR AREA AND I ACCEPT THAT OPPOSING THE WALL WILL NOT INHIBIT GROWTH. WHAT IT, WHAT THE WALL DOES IS BROADCAST, KEEP, KEEP OUT, UH, KEEP EVERYTHING AWAY THAT COULD CAUSE US HARM. WE, WE LIVE IN A COMMUNITY OF OPENNESS AND SPACIOUSNESS AND IT FOSTERS MORE COMMUNITY. CASTLE LINDA ESTATES WITH NEIGHBORING OTHER NEIGHBORHOODS, INCLUDING FOREST HILLS. LITTLE FOREST HILLS LAKE HIGHLANDS HAVE NUMEROUS EVENTS THAT WE HOST TOGETHER AND THE PUBLIC IS INVITED. AND THAT INCLUDES OUR EAST DALLAS GARDEN TOUR PLANT SALE, UH, STUDIO ART TOUR WHERE THE PUBLIC IS INVITED TO COME INTO HOMES AND YARDS AND VIEW BEAUTIFUL ARTWORK. THESE EVENTS HELP YOU MEET YOUR NEIGHBORS AND HAVE COMMUNITY WITH YOUR NEIGHBORS. THIS WALL IS MASSIVE, RUNNING 900 FEET ALONG BUCKNER BOULEVARD, TURNING THE CORNER AT HERMOSA FOR ANOTHER 258 FEET. YES, THERE IS LANDSCAPING, BUT THERE'S STILL A WALL. THE WALL CAN BE A HEAT ISLAND ADDING TO WHAT IS ALREADY THERE IN CONCRETE. IT'S NOT CA CHARACTERISTIC OF CASTLE LINDA ESTATES, AS YOU'VE HEARD BY OTHER PRESENTATIONS AND ACTUALLY SEEING IT WILL OVERWHELMINGLY CHANGE THE CHARACTER OF OUR NEIGHBORHOOD AND ADVERSELY AFFECT THE NEIGHBORS. ALSO, OTHER PEOPLE WHO USE BUCKNER AND USE KESS LINDA SHOPPING CENTER. AND THERE ARE MANY, AND THE NAMES ON THE PETITION WERE PEOPLE WHO KNEW ABOUT THE DEVELOPMENT AND FREQUENT THE AREA AS WELL AS CASTLE LINDA. STATE RESIDENTS, AS I'VE TOLD YOU, WE'RE ABOUT, WE ARE ABOUT COMMUNITY AND THIS WILL BE A GATED COMMUNITY AND THE WALL WILL ONLY FOSTER LESS INTERACTION WITH THE NEIGHBORS. PLEASE DENY THIS PROPOSAL AND HELP KEEP OUR NEIGHBORHOOD IN THE COMMUNITY SPIRIT. WE PRACTICE AND ENJOY INTACT. AND THANK YOU FOR ALLOWING ME TO ADDRESS YOU. THANK YOU VERY MUCH MS. WILLIAMS. NO, THE SPEAKERS REGISTER, SIR. OKAY. SO CONSISTENT WITH OUR RULES OF PROCEDURE, THE APPLICANT SPEAKS THAN ANYONE IN FAVOR SPEAKS. AND THEN THE APPLICANT'S GIVEN A FIVE MINUTE REBUTTAL, UH, I AM GONNA KEEP TO THE FIVE MINUTE REBUTTAL TIME LIMIT BECAUSE THAT IS NOT A TIME AFFORDED TO ANYONE OPPOSITION. UH, WHEREAS THE OTHER TIMES HAVE TO BE EQUAL AND I ALLOWED EVERYONE TO SAY THEIR WORD. SO THE APPLICANT, WHETHER IT'S YOU SIR OR MR. BALDWIN OR COMBINATIONS, FIVE MINUTES TOTAL. AND THEN WE WILL HAVE QUESTIONS. MANY QUESTIONS. UM, SO, UM, MANY QUESTIONS. OKAY. SO YOU HAVE FIVE MINUTES. PERFECT. UM, WELL FIRST I JUST, I THINK IT'S IMPORTANT THAT I ACKNOWLEDGE HOW, I DO APPRECIATE THE INTERACTION AND, UM, I, I THINK MR. MINNER HAUSEN, YOU KNOW, HE SENT US AN EMAIL LAST NIGHT SAYING GOOD LUCK. AND LAST TIME IN NOVEMBER WE CALLED AND SAID, DO YOU WANNA RIDE? RIGHT? I THINK THERE'S SOMETHING ABOUT HAVING POSITIVE CIVIL DISAGREEMENTS WHERE WE CAN STILL TRY TO CREATE COMMUNITY. I THINK WHAT IS EVIDENT IS, UM, AS WE SAT DOWN, WE DIDN'T, WE COULDN'T REACH A FULL AGREEMENT, RIGHT? THE, AS WE ASKED FOR SUGGESTIONS TO MODIFY OUR PROPOSAL, WE HAD LOTS OF OTHER INPUT FROM OTHER PEOPLE NOT SITTING IN THIS ROOM. AND SO OUR REVISIONS REFLECT THAT. UM, SOME OF THE COMMENTS FROM THE PEOPLE IN THIS ROOM AT THAT MEETING DID COME BACK IN AND SAY, UM, KIND OF THE SUMMARY WAS, REMOVE YOUR REQUEST TO BUILD A WALL AND THEN WE WOULD LOVE TO HAVE A CONVERSATION WITH YOU. AND TO WHICH WE SAID [02:35:01] WE, WE ARE REQUIRED TO HAVE A BARRIER BY ENGINEERING AND WE'RE WE'RE REQUIRED, OR IT IS IMPORTANT THAT WE ADDRESS THE CONCERNS OF HOW THESE PROPERTIES FACE. AND LIKE YOU HEARD FROM SOME OF THEM, UM, YOU KNOW, THERE ARE VERY FAST VEHICLES ON A SIX LANE DIVIDED STATE HIGHWAY. THERE ARE SAFETY CONCERNS AND THERE NEEDS TO BE SOME SORT OF CONSIDERATION TO THAT. AND SO, UM, I THINK FROM A REBUTTAL YOU'VE HEARD SO MUCH AND I'LL STEP ASIDE, BUT I APPRECIATE THE INTERACTION. I APPRECIATE THE OPPORTUNITY THE BOARD GAVE US TO HAVE THAT. AND I STAND HERE FOR QUESTIONS, UM, TO ANSWER FOR ANY CLARIFICATIONS ON OUR PROPOSAL. YOU HAVE THREE MINUTES LEFT. YOU DON'T WANNA MOVE THEM. OKAY. I THINK YOU ALL HAVE LOTS OF QUESTIONS. OKAY. SO I'LL LEAVE IT TO YOU. SO I'M GONNA START WITH A FEW, AND IT'S, I DON'T KNOW IF THIS GOES TO MR. BALDWIN OR YOU SIR. UM, WHAT IS YOUR, YOUR FULL NAME AGAIN? JEFF BARON. SPELL THE LAST NAME. B-A-R-O-N-B-A BARON? YES. OKAY. SO THERE WAS SOME CONFUSION BETWEEN THE STAFF AND THE BOARD ABOUT SITE PLAN TODAY AND BLATANTLY WE WERE GIVEN A SITE PLAN WAS NOT INCLUDED IN OUR DOCKET. AND SO I'M LOOKING AT A SHEET OF PAPER HERE AND, UM, MY QUESTION IS, IS THIS THE CURRENT CORRECT PROPOSED SITE PLAN BECAUSE IT'S DATED JULY OF 25? YES. WE MADE OUR APPLICATION IN AUGUST AND HAVE NOT CHANGED THE LOCATION OF THE WALL. WELL, BUT THE WALL'S CHANGED. SO BECAUSE YOU'RE NOW PROPOSING SEVEN FEET, NOT EIGHT FEET, YES, WE HAVE A REVISED ELEVATION TO THE WALL, BUT THE LOCATION AS IT SITS ON THE SITE HAS NOT CHANGED. OKAY. I JUST WANNA MAKE SURE WE'RE LOOKING AT WHAT YOUR PROPOSAL IS. OKAY, I'LL COME BACK TO THAT IN A SECOND. SO I'M LOOKING AT THE PETITIONS THAT WERE SIGNED BY MANY, MANY PEOPLE. THERE'LL BE SEVERAL QUESTIONS THAT YOU'RE GONNA GET AND BOTH SIDES ARE GONNA GET ABOUT THE PETITIONS. UM, BUT LET ME, I'M GONNA GO DOWN THE SIX ITEMS THAT THEY COLLECTIVELY, INDIVIDUALLY, WHETHER THEY'RE HOMEOWNERS, RENTERS, PROPERTY OWNERS, TAXPAYERS OR PEOPLE WHO JUST SIGNED IT. WE DON'T KNOW NECESSARILY WHERE THAT IS, BUT THEY PRESENTED A PETITION. SO WE'RE TRYING TO HONOR THAT. THEY BRING UP SIX CONCERNS. SO I'M GONNA MENTION A CONCERN AND GET YOUR REACTION TO THAT. UM, THE WALL IS INCONSISTENT WITH THE BEAUTY AND SPACIOUSNESS RECOGNIZED AS CHARACTERISTIC CO IN STATES. WE BELIEVE THAT THE SCREENING THAT WE SHOWED YOU IN OTHER AREAS, THAT COVERS THE VISUAL APPEAL OF THAT WALL. AND SO WHILE NEEDING A FENCE, WE MADE A BIG EFFORT TO MAKE IT CONSISTENT WITH THE VISUAL APPEALS THROUGH THE LANDSCAPING ELEMENTS. UM, WELL FROM WHAT YOU SUBMITTED TO US, IT, YOU, YOU SUBMITTED A, A BRICK WALL, SEVEN FEET, AND THEN A TREE OF SOME SORT. IT DOESN'T SAY WHAT TYPE OF TREE. IT DOESN'T SAY THE HEIGHT OF THE TREE. IT DOESN'T SAY THE SPACING OF THE TREE. IT DOESN'T SAY THE IRRIGATION. YOU MENTIONED BEFORE GREEN SCREEN AND ONE OF THE SLIDES YOU GAVE US SHOWED AN IV ON ACROSS THE WHOLE THING IN, IN TWO TO THREE YEARS. THAT THAT'S NOT PART OF WHAT'S BEEN SUBMITTED. N NO, THE IMAGE WAS SHOWING A SOLID HEDGE OF POLY'S ALONG THE ENTIRE FRONT. IT, THAT'S, THAT'S NOT WHAT WAS SUBMITTED. WE DON'T HAVE ANY RECORD OF ANY QUANTITY OF HOLLY'S OR EVEN THE WORD HOLLY. NOWHERE IN HERE IT SAYS 3.5 FEET ROW. THAT'S ALL WE HAVE, I BELIEVE. IS THAT WHAT WAS NOT SUBMITTED? I'M I'M JUST LOOKING AT WHAT WE WERE GIVEN. UM, I BELIEVE IN THE PRIOR PRESENTATION SLIDES AS PART OF THE SUBMITTAL PACKET, IT DID HAVE MORE LANDSCAPING. MS. BOARD ADMINISTRATOR. DO WE HAVE THOSE? WE DON'T HAVE THEM. ALL WE HAVE IS THIS RIGHT HERE. SO THAT'S A QUESTION. I DON'T, I DON'T KNOW HOW TO REACT TO THAT. I, I'M, AGAIN, I'M GONNA GO DOWN THE LIST HERE. I'M GONNA GO DOWN THE LIST OF THEIR CONCERNS AND VENTILATE THEM. THEY WERE GIVEN AN OPPORTUNITY TO SPEAK. NOW I'M GONNA TRY TO FIND OUT WHAT, WHAT THEIR CONCERN IS VERSUS WHAT'S YOURS. REALIZE THAT OUR CRITERIA UNDER THE CODE IS VERY SIMPLE SPECIAL EXCEPTIONS THAT WILL, THE BOARD'S DECISION IS BASED ON A SPECIAL EXCEPTION THAT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. THAT'S IT. THAT'S, THAT'S NINE WORDS. THAT'S WHAT WE'RE, THAT'S WHAT WE'RE GUIDED BY. SO I'M TRYING TO MEASURE THIS ONE PERSON, WHAT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. OKAY. SO THAT'S WHAT I'M GUIDED BY. SO I SAW THE NICE PRESENTATION, I THINK IT LOOKS GREAT AND ALL THAT [02:40:01] I'M LOOKING TO, WHAT IS IT THAT WE COULD BIND YOU BY OR NOT? WE CAN STIPULATE TO, UH, PLANNING HOLLY ON, UH, FIVE, FIVE FOOT CENTERED WITH, WITH, UH, WITH INITIAL HEIGHT OF FIVE TO SIX FEET. OKAY, WELL THAT'S NOWHERE IN, IN ANY OF YOUR SUBMITTALS. WE CAN STIPULATE TO THAT. OKAY, WELL YOU'RE GONNA NEED TO WRITE ANY OF THIS DOWN FOR US TO CONSIDER. UM, IT ALSO, WHAT ABOUT THIS GREEN WALL THING? WELL, BECAUSE YOU SHOWED A VIDEO OR A POWERPOINT THAT LOOKED LIKE IT WAS FULLY GONNA GROW OUT IN TWO TO THREE YEARS OF IVY. IT, IT AT FIVE FOOT CENTERS WITHIN THREE TO FIVE YEARS. BUT THAT'S JUST TREES, NOT IVY. NO, NO, HOLLY, HOLLY, HOLLY. THE HOLLY IS A, THE BUSH'S START OFF FIVE TO SIX FEET IN THIS BLOCK. OH, YOU SAY THAT IN X NUMBER OF YEARS THIS TREE IS GONNA GO THIS WAY AND THIS WAY. SO IT'S NOT GROWING ON THE WALL. IT'S JUST, AND YOU SEE, SIR, MR. BARON, WE CAN'T MAKE DECISIONS BASED ON COLORFUL GRAPHICS UNLESS WE BIND THE GRAPHIC TO A SIDE PLAN. I'M NOT SAYING I'M FOR OR AGAINST IT NEIGHBORS THAT ARE IN THE ROOM. I'M JUST DISSECTING WHAT THE APPLICANT HAS REQUESTED AND SAYS HE IS OR IS NOT GONNA DO. ALRIGHT, SO ONE, THE TYPE OF TREE TWO, UH, THE HEIGHT OF THE TREE AND THE SPACING AND ALL THAT, THAT'S SUBJECT TO A QUESTION. WHAT ABOUT IRRIGATION? THE CITY'S ARTICLE 10 WILL REQUIRE IT TO BE, UH, IRRIGATED WITH AUTOMATIC IRRIGATION SYSTEM DONE BY A, AN IRRIGATION SPECIALIST . SO HOW IS THAT, HOW, HOW IS THAT, HOW IS THAT ENFORCED? THE, THE, THE, HOW WILL THE CITY ENFORCE THAT TO MAKE SURE THAT HAPPENS THROUGH THE BUILDING PERMIT PROCESS WHEN WE TURN ON OUR WALL PLAN. OKAY, SO YOU HAVE TO RUN IRRIGATION LINES ALONG THE BUCKNER AND HERMOSA? YES SIR. YES SIR. OKAY. WHAT ABOUT REPLACEMENT OF THE GREENERY? YES. THE, THE CITY WILL REQUIRE THAT IT BE, ESPECIALLY IT'S TIED TO A BOARD ADJUSTMENT APPROVAL, ANYTHING THAT HAVE TO BE REPLACED. OKAY. I THINK ALSO, JUST TO REITERATE MY PRESENTATION, I TALKED ABOUT THE ROLE OF THE HOA AND THE DIFFERENT, DIFFERENT, UH, PARTIES INVOLVED INVOLVED THAT WOULD DESIRE THAT TO BE REPLACED AS WELL. UH, I I HEAR YOU. I'M TRYING TO TIE DOWN THE, THE CORE ISSUES OF WHAT THEIR CONCERN WAS. ALRIGHT. THEY MAY DIFFER TO YOU WHAT, WHETHER THEY THINK THIS WALL WITH THIS, UH, VEGETATION IS PART OF THE CHARACTERISTIC OF CASA LINDA STATES, SEVERAL PEOPLE WERE VERY ARTICULATE ABOUT WHAT THE HISTORY OF THE HOOD IS VERSUS WHAT THEY POTENTIALLY SEE CHANGING TO TWO, THE WALL REMAIN VISIBLE FOR YEARS THROUGH AND BETWEEN AND OVER ANY HOLLY OR OTHER TREES PLANTED IN FRONT OF IT, THEY'RE IMPLYING THAT THE TREE COVERAGE WON'T COVER. I I THINK MY ONLY RESPONSE TO THAT IS WHEN YOU LOOK UP THE, THE SPECIES OF HOLLY, YOU CAN SEE THE GROWTH RATE, YOU CAN SEE EXAMPLES OF IT ALONG EVERY, MOST MAJOR STREETS THROUGHOUT THE CITY OF DALLAS. YOU MAY ALSO SEE IT AT THE ARBORETUM AS A GREAT EXAMPLE WHEN YOU WALK THROUGH WHAT A HEDGE LOOKS LIKE, WHAT THE GROWTH RATE IS. SO THE ANSWER TO THAT QUESTION FROM IS, I DISAGREE WITH WELL, BUT, BUT THE ANSWER IS IT HAS TO BE A, A HARDY ENOUGH AND TALL ENOUGH AND SPACED ENOUGH THAT IT DOES COVER. IT DOESN'T, THERE'S NOT A CHANCE THAT THIS WOULD COME TRUE. AND THE OPPOSITE, THE ANSWER TO THIS CONCERN, MAINTENANCE OF THE WALL AND ANY TREES IN FRONT OF IT AND THE, UH, FROM VEHICULAR ACCIDENTS, GRAFFITI WEAR, TEAR AND AGE. SO I THINK GOING BACK TO MY PRESENTATION, TALKING ABOUT THE HO A'S RESPONSIBILITY. SO HOLD THAT THOUGHT. IS HOA DOCUMENTATION IN THE DOCKET AS IT RELATES TO A CONDITION? OR DO WE HAVE TO DO AS A SEPARATE CONDITION OF CONSIDERATION? HOW DO WE PUT TEETH TO THAT ISSUE? IT'S, IT'S GOOD THAT YOU SAID THAT, BUT I'M WONDERING HOW DO WE, AS PART OF OUR ONE SECOND, I'M ASKING MY PROFESSIONAL STEP, HOW DO WE PUT TEETH INTO ENFORCEMENT OF THAT? BECAUSE OUR AUTHORITIES TODAY, IT'S NOT TOMORROW, OUR AUTHORITIES TODAY. SO WE HAVE TO CONSIDER AND SAY IF WE'RE GONNA DO THIS UNDER WHAT CONDITIONS OR NOT. SO GRAFFITI WOULD BE, AND, AND THE DESTRUCTION OF A WALL WOULD BE A CODE VIOLATION ENFORCED BY 3 1 1. IF, IF WE, IF WE CAME IN AND THERE WAS A WALL CAR THAT WENT THROUGH THAT WALL, OR IF THERE IS GRAFFITI, THAT IS EVIDENT THERE. DALLAS HAS A PROCESS FOR ENFORCING UNKEPT PROPERTY AS A SECONDARY MEASURE TO, AGAIN, I'M GOING TO REINFORCE THAT THE PROPERTY OWNERS AND THE HOA IS THERE TO PROTECT THE PROPERTY OWNERS AND THE VALUE OF THEIR PROPERTY. THEY'RE GOING TO BE THE FIRST LEVEL OF DEFENSE AND THEY'RE GOING TO REQUIRE THAT TO BE HELP. OKAY. ALRIGHT. SO MY QUESTION TO MY STAFF IS DO WE HAVE THE CAPACITY TO MAY HAVE ANY ENFORCEMENT [02:45:01] OR OR REGULATION IN OUR DECISION MAKING TODAY? IS THAT WITHIN OUR SCOPE OR IS THAT OUTSIDE OUR SCOPE? I THINK THAT'S GONNA GO FIRST OF MY BOARD ATTORNEY AND OR THE CHIEFS HERE. I'M JUST TRYING TO, I'M NOT SAYING I'M IN FAVOR OR AGAINST IT. I'M JUST SAYING IF WE WERE TO CONSIDER SOMETHING, HOW ARE WE MAKING SURE THAT YEARS FROM NOW WE, WE DON'T SAY, WHY DIDN'T WE CONSIDER THIS OR THAT? SO DO WE HAVE AN ENFORCEMENT ON THIS? WE CAN ADD THE CONDITION THAT IF WE, IF YOU ARE MAKING A CONDITION TO PROVIDE THIS LANDSCAPE BUFFERING THAT THE PLANT MATERIALS MUST BE MAINTAINED IN A HEALTHY GROWING CONDITION. AND THIS IS A CONDITION THAT WE USE AND ARE SPECIFIC, THESE PERMITS. HOWEVER, WE CAN'T DICTATE WHO HAS TO MAINTAIN IT. IT'S JUST WITH THE PROPERTY BECAUSE PROPERTY EXCHANGE IT SO WOULD, WE'RE NOT GONNA TIE TO THE OA. OH, OKAY. SO, BUT WE CAN JUST SAY PLANT MATERIALS MUST BE, BE MAINTAINED IN A HEALTHY GROWING CONDITION. AND I THAT IS SOMETHING THAT THE CITY CAN ENFORCE. OKAY. YES. UM, IF THIS IS A SHARED ACCESS DEVELOPMENT AND THE CITY REQUIRES A HOMEOWNER ASSOCIATION TO BE, UH, CREATED , A DUES PAYING ONE. A MANDATORY DUES. YEAH. OKAY. AND THE PURPOSE OF THE HOMEOWNER ASSOCIATION IS TO MAINTAIN COMMON AREAS WHICH . AND THIS COULD BE CON CONSTRUED AS A COMMON AREA. YES, SIR. OKAY. ALRIGHT. THANK YOU. THAT, SO IF WE HEAD THIS PATH, I'M NOT SAYING THERE'S FOUR VOTES. IF WE HAD THIS PATH, WE'LL WANT SOME LANGUAGE ASSOCIATED WITH THAT. UM, IRRIGATION WE TALKED ABOUT. YOU SAID THAT'S CONSISTENT WITH THAT. OKAY. NUMBER FIVE IS THE WALL CAN EXACERBATE VEHICLE INCURSIONS BY FALLING ON THE VEHICLE INVOLVED. THAT'S FURTHER ENDANGERING THE OCCUPANTS OF THE VEHICLE. OKAY. HOLD THAT COMMENT. UH, WHO IS IT THAT I ASKED THE QUESTION ABOUT? WHAT'S THE REQUIREMENT FOR A WALL IN THIS? DO I ASK THAT OF CAMIKA, THE BOARD ATTORNEY OR MS. MAY IN THE BACK. WHAT'S THE MINIMUM REQUIRED PER THE STATE OR THE CITY STANDARD FOR THE BARRIER WALL? I DON'T KNOW WHO, WHO YEAH, WHY I WANT THEM TO SAY ON THE RECORD, I WANT THEM TO SAY NOT US. THAT REQUIREMENT IS TWO FEET. I'M SORRY, WHAT IS TWO FEET? THE REQUIREMENT, THE MINIMUM REQUIREMENT REQUIREMENT FOR THE WALL YES. IS TWO FEET. CORRECT. OKAY. AND THE STATE OR THE CITY HAS CERTAIN MINIMUM REQUIREMENTS OF HOW THAT'S CONSTRUCTED FOR IT TO BE AT THIS BARRIER WALL THING? THAT'S CORRECT. AND DO WE HAVE TO PUT REQUIREMENTS ON THIS OR IS THAT PART OF THE PERMITTING PROCESS? THE BUILDING INSPECTION WOULD COVER BUILDING INSPECTION. WE DON'T HAVE TO ASK FOR IT. IT'S CORRECT. THEY KNOW, THEY KNOW THE REQUIRED, THEY KNOW WHAT THE, WHAT THE REQUIREMENT. OKAY. SO WHAT THEY'RE ASKING FOR IS, AND THEY'RE, I THINK THEY'RE SAYING YES, THEY'LL MEET THE TWO FOOT, BUT THEY'RE WANTING SEVEN NOW. OKAY. AND THE CONSTRUCTION OF YOUR FULL WALL GONNA BE THE SAME FROM GROUND UP? YES. THAT'S WHY WE PROPOSED THE CONCRETE. OKAY. AND YOU'RE GONNA, YOU'RE GONNA, YOUR PROPOSAL IS TO MEET THE CITY'S STANDARD FOR THAT TYPE OF BARRIER WALL, BUT YOU'RE JUST WANTING TO DO IT SEVEN FEET INSTEAD OF TWO. WE WOULD LIKE TO LOOK PURPOSEFUL, CORRECT. OKAY. WOULD YOU CONSIDER TWO FEET WHATEVER THIS AND ANOTHER ADDITIONAL FEAT OF OPENED CHAIN LINK? NOT CHAIN LINK, BUT UH, SOMETHING THAT DOESN'T REQUIRE THE OPACITY ISSUE. I'M JUST THROWING THIS, I'M, I'M READING WHAT IS BEING SAID HERE, SIGNED BY THESE PEOPLE AND ASKING A QUESTION. SO I THINK LIKE YOU'VE HEARD FROM SOME OF THE SUPPORTERS WHO LIVE ADJACENT TO THE PROPERTY, THERE'S A LOT OF BENEFITS THAT COME FROM A SOLID WALL AND EQUAL TO THE OPPOSITION. WE DO HAVE SUPPORT FROM AJO ADJOINING PROPERTIES THAT AGREE WITH US THAT A CONSISTENT, SOLID WALL WOULD BE A BETTER OPTION. OKAY. SO THE ANSWER TO MY QUESTION IS NO, WE WOULD PREFER NOT TO HAVE AN OPEN WR IRON FENCE SPECIFY. OKAY. AND IT IS NOT OUR ROLE AS A BOARD OF ADJUSTMENT TO NEGOTIATE OR TO SAY YOU SHOULD DO THIS VERSUS THAT. I'M JUST EXPLORING WHAT THE FEEDBACK IS. 'CAUSE AGAIN, OUR STANDARD IS THE SPECIAL ACCESSION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. OKAY. THOSE ARE THE THINGS ON THEIR PETITION. I'LL STOP FOR A MINUTE TO GIVE MY OTHER PANEL MEMBERS. I'VE GOT LIKE 10 MORE QUESTIONS, BUT MS. DAVIS, OKAY. GOING BACK TO THE WALL. UM, AND AGAIN, I'M, I'M SPEAK ASKING QUESTIONS, NOT SAYING WHETHER OUR SUPPORT OR DO NOT SUPPORT. I UNDERSTAND WHY YOU WANT TO BUILD A WALL AND TO, TO FOLLOW UP WITH MR. UH, CHAIRMAN NEWMAN'S QUESTION. YOU PREFER IT TO BE SOLID, BUT YOU ALSO WANNA BE A GOOD NEIGHBOR AND YOU'RE ALSO BUILDING SHRUBS THAT YOU'RE SAYING THAT ARE GOING TO COMPLETELY COVER THAT FENCE IN A COUPLE OF YEARS. SO I, AND, AND WHEN I LOOK AT THE NEIGHBORHOOD, WHEN I LOOK AT THE PHOTOS, WHEN I LOOKED AT THE VIDEO, A LOT OF THOSE FENCES ARE OPEN. I, I DON'T KNOW WHAT THE PERCENTAGE OF CAPACITY IS, BUT I DID NOT SEE A LOT OF SOLID FENCES. SO I, I GUESS I, I'M GONNA GO BACK TO THAT AND, YOU KNOW, WHETHER OR NOT YOU SERIOUSLY [02:50:01] CONSIDERED THAT BECAUSE IT SEEMS LIKE IT WOULD SEEM LIKE A POSITIVE STEP. NO, WE, WE DEFINITELY CONSIDERED IT. UM, AND, AND HAD LONG CONVERSATIONS AROUND IT. BUT I THINK GOING BACK TO WHAT I HAD JUST SAID, I DO BELIEVE THAT YOU HEARD FROM FIVE, FOUR OR FIVE HOMES TODAY THAT WERE OPPOSED TO IT. BUT YOU ALSO HEARD FROM TWO IN SUPPORT OF IT AND SEVERAL OTHER LETTERS THAT WERE IN SUPPORT OF IT AS WELL. MR. MR. HOWARD ON THE CORNER. UM, I I DON'T BELIEVE THAT JUST THE VOICES YOU'RE HEARING TODAY ARE EXPRESSING EVERYONE'S OPINION MM-HMM . AND I THINK A SOLID WALL FROM A NOISE STANDPOINT OFFERS A HUGE BENEFIT TO THE PROPERTIES BEHIND US. LIKE MS. MILLER MENTIONED IN HER SPEECH, I THINK THAT THERE ARE JUST A LOT, WE HAD LONG HARD CONVERSATIONS ABOUT THAT. AND WHEN WE LOOKED AND WE SAID THESE ARE BACKYARDS, REAR YARDS, THESE ARE, UM, YOU KNOW, IF A ME, IF A CAR IS COMING AT THAT LIKE TWO FEET IS NOT GOING TO STOP A CAR, THE REALITY IS THAT'S THE MINIMUM STANDARD. MM-HMM . UM, WE HAVE PETS, WE HAVE, WE HAVE CHILDREN. I MEAN, IF, IF MY 2-YEAR-OLD IS WOBBLING IN THE BACKYARD, I WOULD RATHER MORE SUBSTANCE MM-HMM . THAN AN OPEN FENCE. AND SO ALL OF THOSE THINGS CAME INTO PLAY. BUT I DO BELIEVE THAT THE COMPROMISE OF HEIGHT MM-HMM. WAS A REAL COMPROMISE. I BELIEVE THAT THE OPACITY, I THINK THE, THE CONS THERE IS A, A BIG SPLIT ON EVERYBODY'S FEELINGS, SIR. UH, OUR CRITERIA IS WHETHER OR NOT THIS AFFECTS NEIGHBORING PROPERTY. SO WOULD YOU AGREE THAT IF YOU BUILT MORE OF AN OPEN WALL THAT WOULD BE MORE CONSISTENT WITH THE NEIGHBORHOOD? I THINK THAT IF YOU, IF YOU LOOK AT PEOPLE'S BACKYARDS THROUGH THE NEIGHBORHOOD, YOU WOULD SEE MOST PEOPLE HAVE SOLID BACKYARD FENCES. I DON'T BELIEVE I, I I DON'T BELIEVE THAT THE PHOTOS THAT YOU SAW FROM THE PRESENTATION WERE STRICTLY ALONG BUCKNER AND, AND VERY SELECTIVE IN WHAT THEY SHOWED. MM-HMM . UM, I DON'T BELIEVE THAT IF YOU REALLY LOOK THROUGH PA LINDA, THERE ARE SOLID WOOD FENCES ON EVERYONE'S SIDE AND REAR YARDS. MM-HMM . I THINK THAT IS CONSISTENT. SOME HAVE MASONRY, SOME HAVE WOOD. I, I SOME DO HAVE OPEN MM-HMM . I'M, I'M NOT DENYING THAT, BUT I DO THINK JUST LIKE ANY OTHER NEIGHBORHOOD, YOU DO HAVE MORE OF A COLLECTION THAN WHAT WAS DISPLAYED TODAY. UM, OKAY. SO J JUST THIS ONE BOARD MEMBER. I, I DON'T AGREE WITH THAT STATEMENT. OKAY. TO ME, A MORE OPEN, A MORE OPEN FENCE WOULD BE MORE CONSISTENT WITH THE NEIGHBORHOOD. SO THAT, THAT'S WHERE I'M LOOKING RIGHT NOW. SURE. AND THEN MY OTHER QUESTION IS, YOU KNOW, LOOKING AT THIS DIAGRAM, YOU'VE GOT A PROPOSED SOLID AGAINST BRUCKNER AND RIGHT OVER HERE, AND THEN YOU'RE SAYING YOU DON'T KNOW WHAT'S GOING TO HAPPEN BACK HERE WITH THESE BACKYARDS. WAIT, THESE YARDS? YES. THAT WOULD BE THE BACKYARDS THERE. THE BACKYARD'S THERE. IT WILL, IS ANY FENCE GOING THERE? ARE YOU PUTTING UP ANYTHING AT ALL? YEAH, SO THERE'S A UTILITY, UH, A 12 FOOT UTILITY EASEMENT THAT RUNS BETWEEN THOSE. SO THAT UTILITY EASEMENT, THEY HAVE THE ABILITY TO PUT ANYTHING ON THEIRS AND WE CAN PUT ANYTHING ON US. THEY'RE THE CLEAR, THE PROPERTY LINES GO TO THE MIDDLE. IF YOU IMAGINE AN ALLEY GO TO THE MIDDLE OF THE ALLEY, YOU MAY NOT PUT A FENCE IN THE MIDDLE ON YOUR PROPERTY LINE. THAT FENCE HAS TO BACK OFF. BUT LIKE MR. MINNER HASEN HAD EXPRESSED HE WANTS AN OPEN FENCE. AND SO WE AGREED TO THAT. MS. MILLER HAD, UH, EXPRESSED SIMILAR, SHE WANTED AN OPEN IRON FENCE. TWO OTHER NEIGHBORS SAID WE WANT SOLID FENCES. SO IT'S NOT THAT WE DON'T KNOW, IT'S THAT WE COMMUNICATED TO THOSE ADJACENT HOMEOWNERS THAT WE WILL BE FLEXIBLE WITH WHAT THEY WOULD LIKE. SO ALL OF THESE FENCES COULD BE COMPLETELY DIFFERENT FROM EACH OTHER ON THE INSIDE WHERE NO ONE ON THE OUTSIDE CAN SEE THEM. IT'S NOT VISIBLE FROM ANY STREET. YOU CANNOT WALK BACK. LIKE YOU COULD WALK THROUGH THE EASEMENT, BUT IT'S, I MEAN, RIGHT NOW YOU CAN'T WALK THROUGH THE EASEMENT. IT'S SO OVERGROWN AND SO YOU CAN'T PHYSICALLY SEE IT FROM ANY STREET. THAT'S WHY WE'RE OPEN TO A VARIETY OF OPTIONS IN THE BACK BECAUSE IT'S NOT VISIBLE TO THE PUBLIC. MM-HMM . IF IT WAS VISIBLE TO THE PUBLIC, WE WOULD WANT CONSISTENCY. BUT BECAUSE IT'S NOT CONSISTENT AND OR VISIBLE TO THE PUBLIC, WE'RE MORE OPEN TO A CASE BY CASE BASIS WORKING WITH EACH INDIVIDUAL HOMEOWNER. SO THERE, THERE'S NO WAY THAT YOU WOULD BE WILLING TO MAKE A CONSISTENT OPEN FENCE IN THE BACK. DID DO YOU HAVE THE SURE. IF, IF THAT'S WHAT EVERY HOMEOWNER NO, I KNOW, BUT YOU'RE, BUT AGAIN, UH, I'M GOING BACK TO AFFECTING NEIGHBORING PROPERTY. IT IS ALL ABOUT NEIGHBORING PROPERTY AND A WHOLE LINE OF REALLY INCONSISTENT FENCING AND, AND IT'S JUST MY ONE OPINION. I I THINK THAT WOULD LOOK A LITTLE, UH, I DON'T KNOW, JUST NOT COHESIVE. SO IMAGINE YOUR BACKYARD FROM PROPERTY CORNER TO PROPERTY CORNER. WE'RE SAYING THAT WOULD BE CONSISTENT, RIGHT? AND SO IF WE SHARE A PROPERTY LINE WITH TWO PROPERTY OWNERS, WE WANT THEM TO BE CONSISTENT. YES. RIGHT. [02:55:01] BUT WE'RE TALKING ABOUT THE BACK FENCE THAT EVERYBODY ELSE IN THE NEIGHBORHOOD IS GOING TO BE SEEING. OH, EVERYBODY IN THE EXISTING OH, ALONG BUCKNER, ALONG BUCKNER? NO, I'M TALK, I'M ON, THIS IS BUCKNER OVER HERE. UHHUH . I'M WORRIED ABOUT THE FENCE THAT IS GOING TO BE ADJACENT TO ALL OF THE P YOU KNOW, ALL OF THE EXISTING CURRENT NEIGHBORS. RIGHT. BUT IMA, THAT IS AN ALLEY LIKE BETWEEN OUR TWO PROPERTIES. OKAY. THAT IS AN, AN EASEMENT AND AN ALLEY. SO LIKE ON MY HOUSE, I HAVE AN ALLEY, WHAT MY NEIGHBOR DOES WITH THEIR FENCE, THEY MAY DO A HORIZONTAL BOARD ON BOARD. OKAY. THE NEXT ONE MAY DO A VERTICAL BOARD ON BOARD AS YOU MARCH DOWN ALLEYS THROUGHOUT DALLAS, THERE IS NO CONSISTENCY IN IN, IT'S A, IT'S A ALLEY THAT A VEHICLE COULD DRIVE DOWN. IT IS SUPPOSED TO BE, IT IS A, IT IS A UTILITY EASEMENT AND ENCORE. NO, I YOU SAID IT'S AN ALLEY. IS IT AN ALLEY THAT A VEHICLE CAN DRIVE ON? IT? IT IS EASEMENT. NO, A UTILITY EASEMENT IS DIFFERENT THAN AN ALLEY. SO AN AN ALLEY, WHAT WE ALL KNOW OF AN ALLEY IS IT'S NOT A PAVED ALLEY. SO IT'S, IT'S IS IT AN ALLEY? IT'S C UTILITY THAT IS ENTIRELY DIFFERENT? YES AND NO BECAUSE IT HAS TO BE COMPLETELY ACCESSIBLE BY ALL FRANCHISE UTILITIES. OKAY. BUT I, NOT IN THE PICTURES WE'VE SEEN, IS THERE ANYTHING DOWN, BECAUSE I HAD THE CAMERA STOP THIS MORNING AT EACH OF THE POINTS AT THE NORTHERN FENCE LINE AT THE, AT THE FENCE LINE OFF OF MOSA AND YOU COULDN'T SEE ANYTHING DOWN THERE OTHER THAN THE BACK END OF THE SIDE, THE WEST END OF YOUR PROPERTY. SO, ALRIGHT. YEAH, WE, WE'VE NOT SEEN ANY IMAGES ABOUT THE BACKYARD. WELL, THAT'S WHAT MS. DAVIS IS ASKING YOU ABOUT. OKAY, HOLD ON. UH, YOU, I CAN'T HAVE SOMEONE ELSE YOU'RE NOT SWORN IN. NOT TESTIFY. ALL RIGHT. SO WHAT SHE'S TALKING TO YOU ABOUT IS THE WESTERN PORTION AND THE NORTHERN PORTION OF YOUR PROPERTY. CORRECT. AND WHAT IS THE FENCING PLAN FOR? I'M, I, I DON'T THINK I'M EXPLAINING IT. EV SO WE SHARE, UH, ADJOINING PROPERTY LINE THAT MEETS IN THE MIDDLE OF A 12 FOOT EASEMENT LINE. IT'S NOT AN ALLEY, SO DON'T CALL AN ALLEY ANYMORE. I I CALLED IT AN EASEMENT. RIGHT, OKAY. THAT IT'S ACCESSIBLE FROM HERMOSA AND FROM THE ADJOINING STREET ON THE OTHER SIDE. SO IF, IF WE GOT OUT, WE COULD WALK AND HAVE AT AND T ENCORE ALL HAVE THE ABILITY AS THE UTILITY EASEMENT TO ACCESS THAT WITH ANY EQUIPMENT NECESSARY TO MAINTAIN THE PUBLIC UTILITIES, FENCES CANNOT CROSS THAT LINE. SO I WOULD HAVE A FENCE ON IN OUTSIDE OF MY EASEMENT LINE AND THEY WOULD HAVE ONE OUTSIDE OF THEIRS AND THERE WOULD BE A 12 FOOT SEPARATION AND THOSE FENCES COULD NOT CONNECT. SO I FEEL LIKE THIS CONVERSATION IS, UM, LIKE I LIVE IN THE AREA WHERE WE DO HAVE AN ALLEY, SO I'M GONNA SAY THAT, BUT IT WOULD BE LIKE ME SAYING THAT HOW MY NEIGHBOR ACROSS THE ALLEY, WHAT HE DOES WITH HIS FENCE AFFECTS MY PROPERTY VALUE. AND I WOULD DISAGREE WITH THAT STATEMENT THAT IF THEY WANT TO DO A HORIZONTAL FENCE OR A ROD IRON FENCE ON THE OTHER SIDE OF WHERE MY TELEPHONE POLES RUN AND MY TRASH IS PICKED UP, IT WOULD NOT NEGATIVELY AFFECT. SO ARE YOU GOING TO PUT A FENCE ON YOUR SIDE OF THE EASEMENT ON OUR SIDE OF THE EASEMENT? IS IT GONNA BE A CONSISTENT FENCE OR A DIFFERENT FENCE? IT, WE WERE TRYING TO MAKE A COMPROMISE WITH EACH NEIGHBOR THAT SHARES THAT FENCE BECAUSE IT IS NOT VISIBLE TO OTHER PEOPLE. AND SO MR. MINNER HOUSE IS ON AN OPEN FENCE THAT'S 10 DIFFERENT PROPERTIES ALONG WHAT ACCORDING TO THIS SITE. AND WE HAVE DIFFERENT LOTS. I'M SO SORRY. WE HAVE DIFFERENT LOTS. OKAY. SO WE, WE ARE YOU, YOU ARE SENSING CONCERN ABOUT THE IMPACT AFFECTING ADJACENT PROPERTIES. YEAH, I THINK, I'M SORRY. SO WHAT I, WHAT I HEAR JEFF SAYING IS THEY WERE WORKING INDIVIDUALLY WITH EACH OF OUR ADJACENT NEIGHBORS TO SEE WHAT KIND OF FENCE THEY WOULD PREFER TO SEE. AND SO HE THOUGHT HE WAS DOING A GOOD THING BY SAYING WE, WE DON'T KNOW WHAT IT'S GONNA BE BECAUSE WE'RE WORKING WITH OUR NEIGHBORS ON IT. AND IT SOUNDS LIKE THAT'S BRINGING, UH, CONCERN EVEN THOUGH THE, THE DEFENSE WE'RE TALKING ABOUT IS ONE ON BUCKNER AND NOT ON THE THE BACK FENCE. SO JEFF IS TRYING TO DO THE RIGHT THING, I THINK BY WORKING WITH THE NEIGHBORS. AGREED. MR. BALDWIN. BUT WE'RE LOOKING AT THE PROJECT FOUR REQUESTS AND HOW IT IMPACTS AFFECTING NEIGHBORING PROPERTY AND HOW YOU PROCEED ON 1, 2, 3, AND FOUR AND, AND THAT AND GENTLE IMPACT IS WHAT WE'RE JUDGING UNDERSTAND. I JUST DID WANNA MAKE SURE THAT WE UNDERSTOOD IT. THE REQUEST IS ONLY LONG WE GET IT, BUT WE'RE WATCHING HOW WELL OF A PROPERTY NEIGHBOR YOU ARE PROPOSING TO BE. WELL AND I HOPE IT'S COMING ACROSS AS GENUINE BECAUSE MR. MINNER HAUSEN MAY HAVE A DIFFERENT ROOM. OKAY. LET'S PLEASE NOT DO THAT. LET'S NOT REFER TO OTHER PEOPLE. YOU'RE SPEAKING TO US RIGHT NOW. I'M SORRY. SO THANK, THANK YOU. THANK YOU. ALRIGHT MS. DAVIS, YOU STILL HAVE THE FLOOR. I JUST WANTED TO CONFIRM. SO YOU'RE SAYING 12 FEET BETWEEN THE END OF THE PROPERTY OF [03:00:01] THE NEW DEVELOPMENT, UM, COM TO THE PROPERTY LINE OF ANY EXISTING HOME 12 FEET, CORRECT? 12 FEET. 12 FEET EASEMENT BETWEEN ON THE NORTH AND WEST BOUNDARY? YES. YES. OKAY. THERE IS A 12 FOOT EASEMENT THAT EXISTS THERE. OKAY. AND I ALSO JUST WANNA CONFIRM SIR, RIGHT HERE YOU'RE SAYING THERE'S A LOT OF GROWTH. ARE YOU SAYING THAT THESE HOMEOWNERS WON'T BE ABLE TO SEE THE FENCES OVER HERE ON THIS PROPERTY? ARE WE TALKING ABOUT THE BUCKNER FENCE OR THE WESTERN FENCE OVER HERE? SORRY, THE EASEMENT OVER HERE. SEVERAL OF THOSE HOMES HAVE SOLID EIGHT FOOT CEDAR OR NINE FOOT CEDAR FENCE. OKAY. THEY COULD NOT SEE WHAT WE DO. SEVERAL OF THEM HAVE CHAIN LINK FENCES. THEY WOULD BE ABLE TO SEE AND THAT'S WHY WE'RE TRYING TO BE SENSITIVE TO THE DIFFERENT NEEDS. OKAY. OF THE DIFFERENT, SOME HAVE CHICKEN WIRES, SOME HAVE, THERE'S A WIDE VARIETY OF CURRENT FENCES ON THEIR PROPERTY LINES. OKAY. TO MY QUESTION, I WAS JUST, I WAS ASKING BECAUSE WHEN I LOOK AT THIS DIAGRAM, UNLESS I MISSED SOMETHING, I DIDN'T REALIZE YOU HAD AN EASEMENT BETWEEN. YES. SO THANK YOU. YES, NO PROBLEM. OTHER QUESTIONS FOR THE APPLICANT? MR. HVU? THEN WE HAVE MS. HAYDEN. UM, FOLLOWING, FOLLOWING UP ON MS. DAVIS' QUESTION, THE UH, I'M NOT GOOD. I'M DIRECTIONALLY CHALLENGED ON THE, ON THE SIDES OF THE PROPERTY NOT FACING BUCKNER AND HERMOSA NORTH AND WEST WHERE YOU WERE JUST TALKING ABOUT WORKING WITH THE BACKING UP HOMEOWNERS. AND DO THE LOTS THAT YOU HAVE THERE, DO THEY LIKE LINE UP WITH THE NEIGHBOR LOTS? SOME OF THEM DO AND SOME OF THEM DO NOT. WHICH IS WHY IF THEY DO NOT, WE WOULD WANT BOTH OF OUR LOTS TO BE CONSISTENT WHERE THEY DO LINE UP. AND SO THAT WAS PART OF THE CONVERSATIONS HAVE. SO CONCEIVABLY ONE OF YOUR LOTS COULD HAVE HALF A FENCE OF THIS AND HALF A FENCE OF THAT? NO, WE WOULD WANT, WE WILL GIVE PRIORITY TO DEATH. AND SO IF TWO OF OUR LOTS MEETS ONE OF THEIR LOTS, WE'LL MAKE SURE THAT BOTH OF OUR LOTS ARE CONSISTENT FOR WHAT THEY SEE THAT WAS IMPORTANT. AND IF, AND IF ONE OF THEIR LOTS COVERS, THERE'S LIKE AN OVERLAP SO IT'S NOT ENTIRELY COVERED BY THAT. SO YOU HAVE PART OF ONE CASTLE IN THE EXISTING LOT AND PART OF ANOTHER ONE ARE BOTH SHARING A BACKYARD WITH ONE OF YOUR LOTS. THEN THERE COULD BE SOME INCONSISTENCIES WITH WE, OUR GOAL IS THAT THERE ARE NOT INCONSISTENCIES ON THE OTHER SIDE. IF TWO OF THEIR LOTS SPLIT, ONE OF OUR LOTS AND THOSE TWO NEIGHBORS DON'T AGREE ON WHAT THEY WANT, THAT WOULD BE A DIFFICULT SITUATION AND WE WOULD PROBABLY DEFAULT TO, UH, I I THINK I GO BACK TO SAYING THEY HAVE FULL CONTROL OF WHAT THEY DO ON THEIR SIDE OF THE EASEMENT. UH, AND SO THIS WAS A, AN ISSUE THAT WAS BROUGHT UP WITH Y'ALL. IT HONESTLY HAS NOT BEEN A BIG CONTENTIOUS POINT IN OUR CONVERSATIONS BECAUSE THEY HAVE THE PEOPLE WHO HAVE HAD A STRONG PREFERENCE. THERE HAS NOT BEEN THAT OVERLAP AND WE'VE BEEN ABLE TO AGREE TO WHAT THEY REQUESTED. SO THIS IS IN OUR CONVERSATIONS. THIS ACTUALLY HAS BEEN A FAIRLY EASY CONVERSATION TO HAVE WITH ADJACENT PROPERTY OWNERS AND EVERYBODY'S BEEN HAPPY WITH THE SOLUTION PUT OUT THERE. THANK YOU. UM, GOING BACK TO NOW THE, THE BUCKNER AND HERMOSA WHERE THE, WHERE THE SEVEN FOOT WALL PROPOSED, UM, ON YOUR LOTS THAT BACK UP TO THAT WALL, THERE GONNA BE UM, REAR ENTRY GARAGES OR ALLEYS OR ANYTHING OF THAT NATURE AT ALL? NO, THEY'RE NOT, WE'RE NOT ALLOWED TO DO ANY HAIRCUTS ON BUCKMAN. SO, UM, UH, WHO, WHO LEGALLY IN, IN DE RESTRICTIONS OR HOA RULES OR WHAT HAVE YOU, WHO WILL ACTUALLY BE LEGALLY RESPONSIBLE FOR THE WALL THAT IS IN THE BACKYARD FOR THAT WALL, WHO WILL, WHO WHO WILL HAVE THE LEGAL RESPONSIBILITY FOR MAINTAINING THAT WALL? THE HOA WILL HAVE THE LEGAL RESPONSIBILITY AND THAT'S ALREADY BEEN FILED AND REFLECTED ON THE FLAT BECAUSE THE WALL SITS IN A WALL EASEMENT THAT IS GRANTED TO THE HOA. UM, AND SO BASICALLY ON THE OTHER SIDE OF THAT WALL WILL JUST BE PRESUMABLY THE GRAPHS OR WHATEVER THEY'RE, THEY'RE BACK YARD, THEIR BACKYARD THAT THAT WILL, THAT WALL WOULD BE LIKE MY BACKYARD FENCE. THAT'S EXACTLY CORRECT. TO THEIR, TO THEIR HOUSE. THAT'S EXACTLY CORRECT. UM, UH, CAN YOU, SO ONE OF THE OTHER PEOPLE WHO TESTIFIED, UM, WENT UP AND DOWN BUCKNER BOULEVARD AND SHOWED A LOT OF PHOTOS OF HOMES [03:05:01] WITH A HUNDRED FOOT SETBACK AND NO SIGNIFICANT OR CERTAINLY NO LARGE, SOLID FENCES. THERE WERE SOME THAT HAD LANDSCAPING, PRETTY HIGH LANDSCAPING, BUT WE DIDN'T SEE A LOT OF WALT YOU'RE CHARACTERIZING THAT THERE ARE A LOT OF SIMILAR LAWS IN THERE TODAY. UM, THEY HAD A LOT OF PHOTOS OF POEMS IN THAT ON ALONG THERE. CAN YOU HELP SQUARE WHAT SEEMS TO BE CONFLICTING INFORMATION? SURE. I THINK WHAT ROB SAID WHEN HE OPENED, WE'RE STANDING HERE BECAUSE WE HAVE A CONTINUITY OF SETBACK ISSUE, RIGHT. WE HAVE ADJOINING PROPERTIES THAT HAVE A FRONT YARD AND WE DO NOT. RIGHT? WE HAVE A BACKYARD, BUT BECAUSE OF CITY REGULATIONS, THAT CONTINUITY OF SETBACK EXTENDS TO OUR SITE. IT'S IN OUR 10 ZONING WITH A 30 FOOT SETBACK IS HOW THE CITY ZONING LOOKS AT THIS. JUST ALONG BUCKNER THE 30 FOOT, THE NORTHERN IS 15 FOOT THEN UM, SAY THAT ONE MORE TIME ALONG BUCKNER'S 30 FEET SETBACK. THAT THAT'S RIGHT. AND ACCORDING TO YOUR PLANS, ALONG THE GENTLEMAN AND THE LADIES, UH, WAS 15 FEET ON THE NORTH SIDE. ON THE NORTH SIDE THERE'S, IT'S A SIDE YARD. YEAH. WELL IT SAYS 15 FOOT SETBACK IS WHAT THE, THESE PLANS SAY. IT'S A, IT'S A SIDE YARD SETBACK, BUT FENCES WOULD NOT BE, UM, SUBJECT TO, YOU'RE, YOU'RE EQUIVOCATING GUYS, YOU'RE PLAN SAY 15 FOOT SETBACK. CORRECT. UM, THAT'S A SIDE YARD SETBACK. YES. AND FENCES CAN BE OVER FOUR FEET TALL BUT NOT IN THAT SETBACK. YEAH. THEY CAN BE ON THE PROPERTY LINE. SO WHAT'S THE PURPOSE OF THE SET FOR BUILDING PURPOSES? FOR BUILDING, OKAY. IS THAT TRUE? OKAY. ALRIGHT. AND UM, AND SO I'M SORRY TO TO FINISH YOUR QUESTION ABOUT IS IT CONSISTENT DIRECTLY ACROSS HERMOSA? THE SAME INSTANCE OCCURRED. THEY HAVE A CONTINUITY OF SETBACK ISSUES WHERE THEY FACED BUCKNER AND HERMOSA AND IT'S WHY WE SHOWED THAT PICTURE. THEY HAVE A GREEN SCREEN WITH A SEVEN FOOT FENCE, SIX TO SEVEN FOOT WOOD SOLID FENCE BEHIND THAT GREEN SCREEN. AND THEN ALONG BUCKNER THEY HAVE A 12, 12 14 FOOT GREEN SCREEN THAT HAS GROWN AS YOU WALKED DOWN THE SIDEWALK, YOU NOTICED IT IN ONE OF THE PICTURES AND THE GREEN SCREEN WAS TOUCHING THE SIDEWALK. 'CAUSE THEY DID NOT KEEP IT UP, BUT DIRECTLY ACROSS THE STREET. THERE IS AN INSTANCE OF IT DOWN THE ROAD ALL THROUGH, I THINK, I THINK WHERE THE UM, SEMANTICS HAPPENED IS ALL THE NEIGHBORS IN CASA LINDA HAVE BACK AND SIDE YARD FENCES. ALL OF THEM DO. AND SO WHEN WE LOOK AT THIS, WE'RE HERE BEFORE YOU TODAY BECAUSE WE HAVE A CONTINUITY OF SETBACK THAT CREATES A HARDSHIP TO NOT ALLOW FENCES OVER FOUR FEET. AND THAT FRONT YARD SETBACK IS COMING FROM ADJOINING PROPERTIES, NOT OURS. SO WE'RE JUST ASKING FOR THE SAME RIGHT. THAT EVERYBODY ELSE HAS IN THE NEIGHBORHOOD. IF YOU MARCH ALONG, HERMOSA, IN THE PICTURES THAT I SHOWED, THERE ARE FENCES ALL ALONG HERMOSA AT THE SAME LOCATION THAT WE'RE PROPOSING TO PUT THEM. IT'S PURELY BECAUSE WE HAVE MULTIPLE FRONT YARD SETBACKS. RIGHT. SO I'M GLAD YOU MENTIONED HERMOSA BECAUSE MY NEXT QUESTION WENT WITH THAT. SO I DO RECALL THOSE IMAGES OF THAT GREEN WALL ON THE OTHER SIDE. HERMOSA, WHILE BUCKER BOULEVARD IS A MULTI-LANE HIGHWAY HERMOSA TWO LANES MM-HMM . ONE EACH WAY LIKE THAT. YEAH. SO NOW I'M ENVISIONING, UH, WHO CAME FIRST? WELL, THEY CAME FIRST AND PUT THEIRS UP. NOW I'M ENVISIONING ONE ON EACH SIDE OF THE, OF A TWO LANE ROAD. AND I FEEL LIKE I'M WALKING DOWN THE YELLOW BRICK ROAD THROUGH THE DINGY FOREST. NOW I I'M, I'M, I'M NOT LIKING HOW THAT EVEN COMES APART. IT'S VERY DARK AND, AND UM, IT JUST STRIKES ME AS BEING VERY CONFINING. WE TALK ABOUT TUNNELING EFFECT FROM FENCES. SOMETIMES THIS WOULD BE A TUNNELING EFFECT KIND OF FROM, FROM LANDSCAPE'S COVERING FENCES. UM, BUT IT SEEMS LIKE IT REALLY PUSHES IN OVER A TWO LANE ROAD. COULD WE, COULD WE PULL UP THAT IMAGE OF HERMOSA AND BUCKNER JUST SO WE COULD LOOK AT IT? BECAUSE I THINK, WELL, I THINK TWO LANES ROAD MAKES YOU THINK THIS LANE, THIS ROAD IS 24 TO 27 FEET WIDE. HERMOSA IS NOT THAT HERMOSA IS, I, I BELIEVE IT'S A 60 OR 70 FOOT RIDE OF WAY RIGHT THERE. IT'S INCREDIBLY WIDE. AND SO I THINK IF WE LOOKED AT THE PHOTO THAT WE SHOW YOU, YOU'LL ACTUALLY SEE THAT, UH, IT, IT HAS ENOUGH SPACE FOR MORE LANES THAN THAT. BUT BECAUSE IT DOES NOT HAVE GUTTERS, IT'S NOT FINE. AND SO I I THINK THAT THERE'S A LOT MORE SPACE AND I, I THINK THE IMAGE WILL SHOW THAT TO WHERE YOU'RE COMING IN AND IT, IT'S LIKE YOU'RE, YOU'RE [03:10:01] DRIVING DOWN, YOU KNOW, TO SEE YEAH. SORRY. YEAH, THIS IMAGE RIGHT HERE, WE CAN GO TO THAT OR TO THE NEXT ONE. AND I, I THINK IF YOU WENT DOWN, UM, UH, I BELIEVE THE ROAD IS SIGNIFICANTLY WIDER TO WHERE I DON'T THINK YOU WOULD EVER GET THE IMPRESSION THAT YOU HAD A TUNNELING EFFECT ON HER. SO ARE WE, ARE WE LOOKING ACROSS BUCKNER AT MOSA? THAT'S RIGHT. WE'RE LOOKING . SO WHAT IS THE GREEN THING TO THE RIGHT? THAT IS THE HOLLY SCREEN. THAT'S, THAT'S SHOWING WHAT THE HOLLY'S WILL, THAT IMPLIES THAT THE TREES SO COVER THAT THE, THE, THE CANOPY OF THE TREE AND EVERY IS NOT AN IOTA OF THE WALL IS TO BE SEEN. I BELIEVE THAT'S AN ACCURATE DEPICTION. WOW. YOU, THAT'S A PRETTY AGGRESSIVE VEGETATION. HAVE YOU ALL DRIVEN IN FRONT OF THE ARBORETUM OR ALONG GASTON ON BOTH SIDES OF THE ARBORETUM. THEY HAVE THIS GREEN SCREEN. IF YOU GO DOWN, UM, I MEAN I'M THINKING LOVER'S LANE. YOU KNOW, IF YOU GO DOWN LOVER'S LANE, THEY, THEY TRIM THESE HOLLIES TO BE NARROW AND TALL AND THEY ARE INCREDIBLY DENSE. I HAVE THEM IN MY BACKYARD AND USE THEM. MS. HAYDEN. YEAH. UM, I'M GOOD FOR RIGHT NOW, MS. HAYDEN. SO, UM, THAT WAS THE QUESTION I HAD MR. HAVI, UM, IS I, YOU KNOW, UM, SO THIS, THIS PROPERTY, THIS DEVELOPMENT HAS BEEN PLANTED. IT'S BEEN APPROVED, RIGHT? SO AS MUCH AS I HAVE EMPATHY FOR THOSE OPPOSING IT, THIS IS GONNA HAPPEN. SO OUR OUR FOCUS RIGHT NOW IS ON WHETHER OR NOT, UM, WE WANNA, YOU KNOW, DENY THIS VARIANCE AND HAVE A TWO FOOT WALL ALONG THE BACK OF THESE PROPERTIES WITH MAYBE SOME WR IRON ON, ON TOP, OR IF WE WANNA APPROVE IT. UM, YOU KNOW, THE FACT THAT THESE, THIS, THESE ARE BACKYARDS S FACING BUCKNER AS OPPOSED TO THE OTHER PICTURES THAT WERE FRONT YARDS, UM, YOU KNOW, MAKES ME UNDERSTAND THE, THE NEED FOR A, YOU KNOW, SAFETY HONESTLY A, A SAFER WALL FOR A BACKYARD. I, I UNDERSTAND THAT. WHAT I DON'T UNDERSTAND IS HERMOSA, I DON'T UNDERSTAND THE NEED FOR A SEVEN FOOT WALL ALONG HERMOSA A A SEVEN FOOT GREEN SCREEN HEDGE ALONG HERMOSA. I GET THE SAFETY OF BUCKNER. I DON'T GET THE SAFETY ISSUE WITH HERMOSA. SO CAN YOU ELABORATE ON WHY YOU'RE PROPOSING A NON OPAQUE SEVEN FOOT WALL ON HERMOSA? SURE. I, I THINK, UM, DAVID NAVAREZ WAS HERE AT THE LAST MEETING AND EXPLAIN THAT WHILE BUTNER REQUIRES IT, THERE IS A RADIUS THAT RETURNS UP BUTNER THAT WE HAVE TO HAVE A SOLID WALL. AND SO AS WE STARTED FACING SOME OF THOSE DESIGN CONSTRAINTS, WE SAID, HOW DO WE MAKE THIS LOOK CONSISTENT AND PURPOSEFUL? RIGHT? AND SO NOW IT KIND OF GOES BACK TO SOME OF Y'ALL'S QUESTIONS ABOUT INCONSISTENCY OF FENCING AND WHAT DOES THAT LOOK LIKE AND, AND IS THAT WORSE? AND SO AS WE TURN THAT CORNER AND GO UP TO THE ENTRANCE, IF WE SUDDENLY CHANGE THE MATERIAL, DOES IT FEEL LIKE THIS WASN'T PURPOSEFUL? AND, YOU KNOW, WE WERE ABLE TO GET THIS PIECE BUT WE COULDN'T GET THIS PIECE. SO WE KIND OF PIECEMEALED IT BACK TOGETHER WITH THE BEST WE COULD. AND SO WE FELT LIKE CONSISTENCY WAS IMPORTANT. NOW, IF YOU SAID, JEFF, WOULD YOU BE OPEN TO FROM, YOU KNOW, MAYBE YOU COULD RETURN IT TO THE FIRST AND RETURN LIKE A LITTLE SECTION ON THE SECOND AND THEN GO TO WRT IRON FENCING? I MEAN, I THINK WE WOULD BE OPEN TO CONVERSATIONS AROUND THAT FOR SURE. PAST THE POINT WHERE WE HAVE TO, BUT IT STILL FEELS A LITTLE DISJOINTED. AND SO THEN WE COME BACK TO, I, I KNOW THERE'S SOME HESITATION IN, UM, IN WHAT THESE GREEN SCREENS, AND I WOULD LOVE TO SHARE SOME IMAGES WITH Y'ALL OF WHAT THEY LOOK LIKE IN THE TWO TO THREE YEAR POINT. BUT THE REALITY IS WE FELT LIKE WE'RE ATTAINING CONSISTENCY THROUGH THE PLANTING SUGGESTIONS THAT WE ARE MAKING. AND SO I, I THINK WE WOULD HAVE MORE FLEX, WE WOULD HAVE MORE COMPROMISE IN THAT AREA. BUT AGAIN, IT'S A QUESTION OF CONSISTENCY ON WHAT WE DO. SO WHAT I'M, WHAT I HEARD FROM SOME OF THE OPPOSITION WAS THAT THE OPENNESS OF THE NEIGHBORHOOD IS IMPORTANT TO THE NEIGHBORHOOD AND HAVING IT SORT OF WALLED OFF IS, IS NOT, YOU KNOW, AN OPEN, FRIENDLY APPROACH TO THIS NEIGHBORHOOD. SO TO ME THAT WOULD BE AN A, A, YOU KNOW, WONDERFUL OPPORTUNITY TO, UM, PROVIDE A MORE OPEN FEEL TO ACCESS THIS NEIGHBORHOOD. I, LIKE I SAID, I UNDERSTAND THE SAFETY, I UNDERSTAND BUCKNER, I UNDERSTAND ALL OF THOSE ISSUES ALONG BUCKNER, BUT ALONG HER, ALONG HERMOSA, I THINK IT'S A DIFFERENT, IT'S A DIFFERENT STORY, BUT IT WAS CLEAR THAT WE HAVE TO HAVE IT THROUGH THAT CORNER OR ENGINEERING. RIGHT. AND YOU CAN GET A GOOD DESIGN. I DIDN'T HEAR HIM SAY [03:15:01] THAT YOU HAD TO HAVE A SOLID WALL. I THINK HE SAID YOU HAD TO HAVE THE BARRIER WALL, WHICH IS TWO FEET. THAT'S RIGHT. BUT BEYOND THE TWO FEET, MS. HAYDEN IS BEGGING THE QUESTION, DO YOU NEED SOLID ALL THE WAY TO SEVEN IF YOU RAN IT SEVEN. AND MR. NAVAREZ DIDN'T SAY YOU HAD TO HAVE SEVEN FEET OR EIGHT FEET SOLID. HE SAID TWO. SO NO ONE'S ARGUING ABOUT THE TWO FEET AS I ASKED BEFORE. IS THAT A REQUIREMENT? YES. OKAY. THAT'S GIVEN, WE DON'T HAVE TO LEGISLATE THAT, BUT ABOVE, BUT ABOVE FOUR, THAT'S OUR PURVIEW. SO I UNDERSTAND THAT. I THINK JUST ON THAT NOTE, LIKE I THINK THE OPPONENT, UH, OPPONENT'S PRESENTATION, HE SHOWED HIS WITH A RED SCREEN AND I THINK THAT IMAGE WAS PRETTY POWERFUL. RIGHT. AND TO ME, I LOOK AT THAT AND I SAY, I AM, I AM AM PAYING FOR SCREENING. SO YOU NO LONGER, I MEAN HE HAD FOUR OR FIVE, SIX CARS IN THAT IMAGE. SO KEEP IN MIND THAT THIS BUCKNER IS A ROAD WITH OVER 20,000 VEHICLES PER DAY. I MEAN, IT IS HIGHLY TRAFFICKED. SO WELL BE CAREFUL ABOUT HOW YOU PUT YOURSELF IN ANOTHER PROPERTY OWNER'S SHOES BECAUSE YOU JUST DID THAT. YOU JUST SAID, LOOK, I'M GIVING HIM A FENCING. HE WON'T HAVE TO LOOK AT CARS. MAYBE HE SAID FROM HIS PORCH. MAYBE THAT'S WHAT HE WANTS TO DO. SO LET'S NOT PROJECT INTO SOMEONE ELSE'S SHOES. I WAS SAYING FROM ME. I HEAR YOU, YOU SAID FOR HIM. OKAY. OKAY. SO MS. HAYDEN, YOU'RE FINE FOR NOW. OKAY. UM, OTHER QUESTIONS? I'VE GOT A FEW MORE. ALRIGHT, SO WE TALKED ABOUT THE WEST AND THE NORTH AND THE FENCING, AND THIS NOT ALLEY, BUT THIS, UH, EASEMENT, THAT'S STILL A, I I HAVE REAL CONCERN ABOUT THE GREEN SCREEN AND HOW, AND HOW WE AS A BOARD OF ADJUSTMENT CAN GUARANTEE IF WE WERE TO APPROVE SOMETHING LIKE THIS, AN EFFECTIVE GREEN SCREEN. UM, UH, SO I'M, I AM CONCERNED ABOUT THAT. UM, WHAT IS YOUR FEEDBACK AS IT RELATES TO THE COMMENT THAT WERE MADE BY SOME OF THE, UH, ONE OF THE INDIVIDUALS ABOUT THE PENDING, UH, CHANGE TO THE INTERSECTION OF HERMOSA AND BUCKNER? SURE. SO 'CAUSE OF TRAFFIC FATALITIES AND OR ACCIDENTS, WE WERE INVOLVED IN THAT. SO WE HAD TO DO A FULL TRAFFIC STUDY AND WE'RE ACTUALLY INSTALLING A NEW PEDESTRIAN POLE BECAUSE WE'RE WAITING FOR THE FULL DUE TO THE, THE FULL RECONSTRUCTION OF THAT INTERSECTION. IT, THERE'S SEVERAL DIFFERENT INTERSECTIONS THAT ARE IN THAT BOND PACKAGE, AND WE WERE ONE OF THEM. AND SO THAT INTERSECTION IS GETTING NEW STREETLIGHTS AT ALL OF THEM. AND WE'RE ON OUR, UM, DIME BECAUSE THAT WAS JUST IN THE LETTING STAGE. THEY DIDN'T KNOW THE DATE THAT IT WOULD START. SO AS PART OF OUR PROJECT, WE WORKED WITH TRAFFIC AND, UH, WE'RE REDOING THE A DA RAMPS AND NEW PEDESTRIAN POLES FOR THAT CORNER THAT WILL BE CONSISTENT WITH WHAT THEY WOULD EXPECT. OKAY. SO WE'RE AWARE OF IT. AND, UM, I MEAN, FROM A TRAFFIC STANDPOINT, WE WENT THROUGH RIGOROUS ENGINEERING ON LINES. SO YOU DO NOT FEEL THAT THAT CHANGE IS GOING TO BE EXACERBATED BY VIRTUE OF YOUR PROPOSED OPAQUE WALL? SEVEN FOOT WALLS? NO, WE'RE OUT OF, I MEAN, WE HAD, WE ARE OUT OF LINES OF SIGHT, WE'RE OUT OF THIS. OKAY. I JUST, I'M OKAY. YES. A COMMENT WAS MADE THAT THIS IS A GATED COMMUNITY. YES. IS THERE GATES PLANNED FOR THIS? WE DID PLAN GATES. YES. WOULD GATES SHOW UP ON A SITE PLAN? COULD GATES NOT SHOW UP ON A SITE PLAN? WE DON'T NEED THEM BECAUSE THEY'RE NOT IN SETBACKS. WE HAVE, THEY HAVE TO BE OUTSIDE OF THE SETBACKS. THEY WOULD NOT BE PART OF THE PORT. SO THIS IS A GATED COMMUNITY. WE ARE, YES. WE IS THERE ANY PLACE ELSE WITHIN CASA LINDA STATES THAT IT'S GATED, THUS, I'M TRYING TO LOOK IN THE NEIGHBORHOOD DIRECTLY IN THE, OR IS THIS THE FIRST GATED COMMUNITY? THIS IS THE FIRST GATED COMMUNITY IN CAS. LINDA CASA LINDA? YES. OKAY. ALL, SO IT IS GATED. OKAY. UM HMM. OKAY. YES. MS. HAYDEN AND MR. HAITZ, MS. HAYDEN. AND JUST TO CONFIRM ON THE, ON THE SITE PLAN THAT WE WERE GIVEN, IT'S A LITTLE BIT DIFFICULT TO READ THE VISIBILITY TRIANGLES. I CAN SEE THEM CALLED OUT THERE. BUT I JUST WANNA CONFIRM THAT THERE WILL BE NO FENCES, NO WALLS, NOTHING WITHIN THAT VISIBILITY TRIANGLE AT THE INTERSECTION OF EITHER THE DRIVE INTO THE SUBDIVISION OR, UM, AT BUCKNER AND THERM. THAT'S CORRECT. AND WE WOULD HAVE TO GO THROUGH A FULL PERMITTING PROCESS TO SHOW THAT. OKAY. BUT WE ALREADY HAVE ON THE WALL 'CAUSE IT IS ON OUR ENGINEERING PLANS. I ALSO WOULD JUST ADD THAT, YOU KNOW, YOU MADE THE SUGGESTION ABOUT IRON FENCING ON PROMOSA. I I DO THINK WE WOULD BE OPEN TO, YOU KNOW, I WOULD APPRECIATE GETTING TO THE CONSISTENCY TO THE ENTRANCE. MAYBE LIKE FINISH THE RADIUS, BUT FROM THE RADIUS, UH, WESTWARD, WE WOULD BE VERY OPEN TO A WRT IRON FENCING, UM, COMPROMISE FROM THAT POINT WESTWARD. [03:20:02] I'M GONNA GO TO QUESTION, THEN I'M GONNA GO TO MR. OVITZ. IS THE GATING AT THE ENTRANCE OFF OF HERMOSA PROPOSED FARTHER ENOUGH INTO THE PROPERTY THAT PEOPLE DON'T QUEUE UNDER HERMOSA? YES, THERE IS SEVERAL RULES AND REGULATIONS. OKAY. I JUST, I I DON'T WANNA BE PART OF SOMETHING THAT CREATES A TRAFFIC HAZARD. YEAH. YOU HAVE TO HAVE HIM SET BACK 45. OKAY. I JUST, JUST, AND HAVE A TURNAROUND AND OH, OKAY. GOOD. JUST WANNA MAKE SURE THAT, THAT'S TAKEN CARE OF. MR. H UH, I GUESS THIS IS FIRST, MY FIRST QUESTION IS FOR STAFF, UM, IF THEY BUILT A TWO FOOT, THE TWO FOOT REQUIRED TRAFFIC AREA AND THAT'S ALL THEY BUILT, THEN THE, THE BACKYARDS OF THE PRO, THE BACKYARDS OF THE PROPERTIES THAT WOULD BACK UP TO BUCKNER AND HERMOSA, WHAT WOULD THOSE PEOPLE IN THOSE HOME WITH THOSE LOTS, WHAT WOULD THEY BE ENTITLED TO BUILD BY WRIGHT ALONG BUCKNER AND HERMOSA AS THEIR BACK, AS THEIR BACK WALL FENCE? IF THEY COULD EACH BUILD THEIR OWN FENCE, WHAT WOULD THEY BE ENTITLED TO? I WRITE YES, ON THEIR OWN PROPERTY. IF THEY WANTED SOMETHING HIGHER THAN THE TWO FOOT TRAFFIC BARRIER, THEY WANTED TO PUT SOMETHING UP, WHAT WOULD THEY, HOW HIGH COULD THEY GO BY? RIGHT ALONG BUCKNER BOULEVARD. FOUR FEET BY RIGHT. FOUR FEET. FOUR FEET TOTAL BY WIFE. FOUR. FOUR FEET. FOUR FEET. RIGHT. BECAUSE BUCKNER IS CONSIDERED A FRONT YARD. OKAY. NO. SO MY QUESTION, THE POINT OF MY QUESTION IS, IF WE SAID, NO, YOU CAN ONLY BUILD THE TWO FOOT TRAFFIC BARRIER AND SOMEONE MOVING INTO THAT HOUSE COULD BUILD A FOUR FOOT WROUGHT IRON OR SOLID OR WHATEVER BY RIGHT IN THEIR BACKYARD, COULD THEY NOT? IT WOULD ONLY BE TWO FEET ON TOP OF THE TWO FEET, CORRECT? NO, IT COULD BE ON THE OTHER SIDE OF IT. IT COULD BE ON THE INSIDE OF IT. OH, THAT WHAT I'M SAYING. IF, I MEAN, IF THEY CHOSE TO DO THAT, BE ON THEIR LOT, FOUR FEET, FOUR FEET, WHAT THEY COULD DO. OKAY. SO IF IT'S A SEPARATE FROM THE BARRIER, IT COULD BE FOUR FEET. IF IT'S ON THE BARRIER, IT'S TWO FEET. GOT IT. OKAY. SO IF WE APPROVE TWO FEET ONLY, UM, THEN THE HOMEOWNER COULD COME IN AND HAVE A FOUR FOOT WHATEVER THEY WANTED BEHIND THAT OF WHATEVER THEY WANTED. SOLID WR IRON, WHATEVER THEY WANTED, CORRECT? THAT'S CORRECT. SO HERE'S A QUESTION FOR MR. BALDWIN. OKAY. YOU'VE BEEN AROUND THE BLOCK ONCE OR TWICE. YOU, YOU HAVE CLIENTS ALL THE TIME, THIS CASE, OTHER CASES. SO OF COURSE YOU'RE LOYAL TO THE GUY PAYING YOU NEXT TO YOU. I GET THAT. SO WHAT WE'RE STRUGGLING WITH IS HOW DO WE PRESERVE, PROTECT THE PROPERTY VALUES IN THE FIELD OF AN EXISTING NEIGHBORHOOD? YOU HEAR THE COMMON SENSE PRAG PRAGMATISM OF MS. HAYDEN, SHE SAYS IT'S BEEN PLATTED. THE PLATING COMMISSION DOES THE PLATTING. WE DO NOT DO PLATING. THEY CREATED 15 LOTS OUT OF TWO. THAT'S THAT SHIP SAILED. SO AS I'M GONNA STEAL A LITTLE BIT FROM MS. HAYDEN. SO NOW THE QUESTION IS, WHAT ARE WE GONNA DO WITH IT? ARE WE GONNA SIT HERE AND SAY, NO, YOU CAN'T DO ANYTHING? OR ARE YOU GONNA JUST DO A TWO FOOT BARRIER WALL? LIKE MR. KOVICH IS SAYING, I'M GETTING TO THE QUESTION OF HOW DO WE BALANCE THE, THE ESSENCE OF OUR RESPONSIBILITY? THAT'S A TOUGH ONE. SOLID VERSUS HIGH, YOU KNOW, FOUR FEET, EVERYONE COULD DO ON THEIR OWN. ORIGINALLY YOU CAME IN AT EIGHT, NOW YOU'RE DOWN TO SEVEN. AND I SAID TO MS. DAVIS EARLIER, OKAY, WHAT'S THE DIFFERENCE BETWEEN SEVEN AND EIGHT? UH, UM, WELL, IT'S SHORTER. AND THEN SHE SAID SIX AND FIVE . SO IT, SO GIVE US A PROFESSIONAL'S OPINION OF THAT BALANCING IN THE NEIGHBORHOOD. WELL, UM, THIS IS A, AN ODD SITUATION IN THAT YOU USUALLY DON'T HAVE HOUSES AT FRONT AND BACK ONTO A STREET RIGHT NEXT TO ONE ANOTHER. AND SO I UNDERSTAND THE JUXTAPOSITION THERE IS, IS ODD AND MR. HAYMAN'S CORRECT THAT THE PLAN COMMISSION ACTUALLY APPROVED THIS TWICE, YOU KNOW, ONCE, AND THEN WE HAD TO DO A, WE DID A, A CHANGE IN THE DRIVEWAY BECAUSE OF . SO THIS, THIS IS GONNA GET DEVELOPED. THE QUESTION I THINK BEFORE YOU IS WHAT IS REASONABLE AND HOW DO WE BALANCE BETWEEN THE PEOPLE WHO ARE GOING TO BUY THE HOMES, THE BACK ONTO BUCKNER, AND, UH, WHAT KIND OF PRIVACY AND SECURITY AND SAFETY CAN WE EXPECT FOR THEM VERSUS THE, OUR NEIGHBORS EITHER NEXT DOOR ON BUCKNER WHO FACED BUCKNER OR THE OTHER ONES IN THE NEIGHBORHOOD? UM, I THINK THAT THE PLANTING OF THE HOLLYS [03:25:01] FIVE TO SIX FOOT HOLLY ON FIVE FOOT CENTERS WOULD RESULT IN ALMOST 200 HOLIES BEING PLANTED ALONG THE BUCKNER FRONTAGE 190, UM, AND FULLY IRRIGATED THAT THE WALL WILL GO AWAY IN THREE TO FIVE YEARS. YOU'LL NOT SEE THE WALL BEHIND THE HOLS, BUT YOU'LL STILL GET THE PROTECTION OF THE WALL FOR, UH, VEHICLES, ERRAND VEHICLES. UM, AS I MENTIONED EARLIER, THIS IS ON A CORNER A A CURVE, AND I, I TRAVEL THAT ROAD FAIRLY OFTEN AND PEOPLE DON'T FOLLOW THE SPEED LIMIT. AND WHEN YOU'RE DOING 50, 60 MILES AN HOUR AND YOU'RE LOOKING AT PICKING UP A TEXT, ALL OF A SUDDEN YOU'RE INTO A LOT. YOU'RE, YOU'RE TRAVELING AT, I'M NOT A MATH BLIZZARD, BUT I'LL FOLLOW, UH, COMMISSIONER HAYDEN'S, UH, ENGINEERING DOES MATH. YOU'RE DOING 70 OR 80 FEET PER SECOND. YOU'RE DOING 50 MILES AN HOUR. AND WITH THE PREVALENCE OF CELL PHONES AND DISTRACTED DRIVERS, IT DOESN'T TAKE ANY TIME AT ALL TO CROSS THE FIVE FOOT SIDEWALK, THE FIVE FOOT PLANNING STRIP, AND BEING IN SOMEONE IN THE BACKYARD. UM, GIVEN THE WAY THESE HOUSES WILL PROBABLY BE DEVELOPED, I WOULDN'T BE SURPRISED THE POOLS IN THE BACKYARD, A LOT OF THEM, AND PEOPLE CONGREGATE AROUND POOLS. AND I THINK HAVING A SAFETY BARRIER FOLLOW THAN TWO FEET MAKES A LOT OF SENSE. UM, I THINK IF FROM AN URBAN PLANNING PERSPECTIVE, I THINK THE HOUSES THAT WERE BUILT, THEY'RE TRYING ON BUCKNER, WOULD PROBABLY NOT BE FRONT ON BUCKNER TODAY. NOW THAT IS A SIX LANE ROAD. WHEN THEY WERE, WHEN THEY WERE DEVELOPED, BUCKNER WAS PROBABLY NOT THAT WIDE AND DID NOT HAVE 20,000 CARS PER DAY ON IT. THAT BEING SAID, WE STILL HAVE TO RECOGNIZE THAT THESE PEOPLE HAVE RIGHTS, UH, ENJOYMENT OF THEIR HOUSE AND DON'T WANT DIMINISH PROPERTY VALUES. BUT IN MY EXPERIENCE IN DOING THIS, SO I LOOK AT HOUSES THAT HAVE FENCES TALLER, THE FULL FEET AND HOUSES DON'T HAVE FENCES THAT TALLER THE FULL FEET. THE APPRAISAL DISTRICT VALUES THAT IN THE SAME, I'M NOT A REALTOR, SO I CAN'T TELL YOU, YOU KNOW, WOULD THE SELLING PRICE BE MORE OR LESS? BUT THE APPRAISAL DISTRICT, IT SAYS IT'S, IT DOESN'T MAKE A DIFFERENCE. SO I DON'T KNOW IF I ANSWERED YOUR QUESTION. I I GAVE YOU AN OPPORTUNITY TO OPINE VERY SUBJECTIVELY. YEAH. UM, BECAUSE THAT'S WHAT WE'RE STRUGGLING NOW. I HAVEN'T CAUGHT A VOTE YET. UH, BUT THAT'S WHERE WE'RE STRUGGLING. AGAIN, AS MS. HAYDEN SAID, THE PLANNING, PLANNING COMMISSION PLANTED IT. SO TO THE NEIGHBORS HERE OR LISTENING, THERE'S GONNA BE 15 HOUSES HERE. AND THE QUESTION IS NOW WHAT DO WE DO? I THINK THAT, SO, AND, AND PLANNING BY JUST WAY, BY THE WAY, PLANNING IS A QUASI-JUDICIAL PROCESS. DOESN'T GO TO THE CITY COUNCIL, DOESN'T COME TO THE BOARD OF ADJUSTMENT. IT IS SOLELY THE PLANNING COMMISSION. IT'S QUASI-JUDICIAL, SO. RIGHT. I THINK THAT MR. BARON, UM, I'VE, I'VE KNOWN JEFF FOR A LONG TIME AND I THINK HE'S ONE OF THE MORE THOUGHTFUL DEVELOPERS THAT I'VE WORKED WITH. AND HE CARES ABOUT HIS NEIGHBORS. AND I THINK, UH, BY WILLING TO GO TO DECORATIVE IRON ON THE WESTERN SIDE, UH, MOSA HELPS LOWER THE HEIGHT, HELPS CHANGING COLOR OF THE WALL. SO WHILE THE, THE IVYS ARE GROWING, OR THE IVYS, YOU GOT ME GOING, IVY, THE HAWS ARE GROWING. IT, IT'S NOT A STARK WHITE, IT'S A MORE OF A CREAMY COLOR. UM, I I THINK THAT HE, HE'S TRYING, UH, BUT HE'S NEVER GONNA GET A HUNDRED PERCENT OF OF EVERYBODY. BUT OF ALL THE PEOPLE I WORK WITH, HE'S THE ONE WHO TRIES THE HARDEST. NONE OF MY OTHER CLIENTS, HARDLY ANY OTHER OKAY. WOULD BE HAVING 30 MEETINGS WITH NEIGHBORS TRYING TO SOLVE THIS PROBLEM. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? OKAY, UM, ONE SECOND PLEASE. I'M, I'M GETTING ADVICE AND COUNSEL FROM OUR ATTORNEY. OKAY. UM, UM, WHAT I'VE BEEN ASKING THE BOARD ATTORNEY TO DO IS PREPARE SOME ADDITIONAL LANGUAGE FOR US TO CONSIDER IF THE MOTION IS TO APPROVE SOMETHING THAT WOULD PUT RESTRICTIONS ON OR REQUIREMENTS ON THE HOLLY'S AND THE GREEN SPACE ALONG BUCKNER. UM, THAT'S, WE HAVE FOUR REQUESTS IN FRONT OF US, HEIGHT AND OPACITY ON BUCKNER HEIGHT AND OPACITY ON MOSA. THOSE ARE FOUR SEPARATE ISSUES. SO, UM, MS. HAYDEN, [03:30:01] WOULD YOU LIKE TO GO AHEAD AND TAKE A CRACK? OKAY. WHICH ONE ARE YOU DOING FIRST? BUCKNER OR BUCKNER? BUCKNER. OKAY. YEAH. OKAY. NOW I'M GONNA IN, ONCE WE, ONCE WE HAVE YOUR MOTION ON THE FLOOR, THEN I MAY, I MAY AMEND IT WITH THE LANGUAGE, WITH SOME OF THIS LANGUAGE. OKAY. OKAY. WELL, I'M NOT SAYING YOU WILL, YOU'LL TAKE IT, BUT I ALL RIGHT. I MOVE THAT THE, YES. OKAY. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 4 4 ON APPLICATION OF ROBERT BALDWIN. GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SEVEN FOOT HIGH FENCE ALONG NORTH BUCKNER BOULEVARD AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED THAN MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED IN THE MATTER OF BO 8 2 5 0 0 0 0 4 4. UM, MS. HAYDEN HAS MOVED TO GRANT THE REQUEST FOR A SEVEN FOOT SPECIAL EXCEPTION ALONG NORTH BUCKNER BOULEVARD. IS THERE A SECOND? SECOND. OKAY. THE MOTION'S BEEN MADE AND SECONDED. AS I SAID BEFORE, MOMENTARILY, I'M GONNA, I'M GONNA ASK TO, IF WE DON'T KNOW WHETHER THIS IS GONNA PASS OR NOT MOMENTARILY, I MAY ASK TO AMEND FOR THE GREENSCAPE TYPE THING. I DON'T KNOW YET, BUT LET'S HAVE DISCUSSION ON THE BASIC CONCEPT OF SEVEN FEET RIGHT NOW. THAT'S ALL WE'RE TALKING ABOUT, MS. HAYDEN. OKAY. SO, YOU KNOW, GIVEN THAT THIS PROJECT IS ALREADY, HAS ALREADY BEEN APPROVED AND PLATTED AND IT'S GONNA BE BUILT ANYWAY, I HONESTLY JUST CAN'T, IN GOOD CONSCIENCE VOTE IN FAVOR OF SOMETHING THAT I DON'T FEEL WILL BE SAFE FOR THESE PROPERTIES, UM, FOR THE BACKYARDS OF THESE, OF THESE RESIDENTS. UM, AND YOU KNOW, THE, THE, THE CRITERIA IS THAT THIS WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. UM, I KNOW THAT WE HAVE SOME OPPOSITION, BUT I ALSO KNOW THAT WE HEARD FROM PEOPLE IN SUPPORT. AND HONESTLY, WHEN I LOOKED THROUGH ALL OF THE, THE SUPPORTING LETTERS AND THE OPPOSITION LETTERS, UM, THE FACT THAT THE LETTERS IN SUPPORT WERE INDIVIDUALLY WRITTEN, UM, WAS SOMETHING THAT PLAYED INTO MY DECISION HERE. UM, BUT AGAIN, IT'S, IT'S A DIFFICULT DECISION AND I OBVIOUSLY HAVE EMPATHY, EMPATHY FOR EVERYONE INVOLVED. UM, IT'S JUST THAT, UM, I KNOW THAT THIS IS ALREADY BEEN PLOTTED AND IT'S ALREADY GONNA HAPPEN. AND TO HAVE THE SAFEST OPTION AVAILABLE, I THINK IS THE MOST IMPORTANT DECISION FOR ME. THANK YOU, MS. HAYDEN. MS. DAVIS, I AGREE WITH MS. HAYDEN'S COMMENTS. THANK YOU MS. DAVIS. FURTHER DISCUSSION ON THE MOTION. MR. HAITZ? UM, I'M GONNA DISAGREE WITH MY COLLEAGUES. I THINK THIS IS, UM, VERY CONTRARY TO THE NATURE OF THE NEIGHBORHOOD AND WILL ADVERSELY AFFECT THE, THE CHARACTER OF THE NEIGHBORHOOD AS IT HAS BEEN FOR A LONG TIME. AND, UM, I THINK THE SAFETY CAN BE ACHIEVED WITH A LOWER WALL. AND SO, UM, THE VALUE IS NOT, WILL NOT DISPLAY MOTION AS CURRENTLY STATES. THANK YOU MR. KOVI DISCUSSION ON THE MOTION. WELL, I ASKED THE QUESTION OF MR. BALDWIN, AND IT WASN'T BECAUSE I WAS PREDISPOSED, I'LL SPEAK TO THIS, BUT I'M SPEAKING PUBLIC TOO. I WASN'T PREDISPOSED FOR OR AGAINST, UH, BECAUSE I DO APPRECIATE HIS PROFESSIONAL OPINION AND HE DID A GOOD JOB OF HONORING HIS CLIENT, BUT ALSO TALKING ABOUT OTHER EXPERIENCES HE'S HAD IN NEIGHBORHOODS ACROSS DALLAS. UM, SO IT WAS INSTRUCTIVE TO ME. UM, I, WE GET ALL THIS, BELIEVE ME, WE GET ALL THIS MATERIAL AND WE TRY TO READ AND ABSORB IT AS MUCH AS POSSIBLE. I'M TALKING ABOUT THE, THE, UM, PETITIONS. I DID READ DOWN THE SIX COMPONENTS OF EACH OF THESE CONDITIONS OF THE CONCERNS. AND IN ORDER TO HAVE A BALANCE TO WHAT IS PRESENTED HERE, I GAVE THE APPLICANT A RIGHT TO KIND OF RESPOND. I DON'T AGREE WITH SOME OF HIS RESPONSES, BUT I GAVE HIM AND A RIGHT TO RESPOND. UM, AND THE REALITY IS I'M GONNA SUPPORT THE MOTION BECAUSE AS MS. HAYDEN SAID BEFORE, THE PLANNING COMMISSION HAS ALREADY DECIDED TO REZONE TO REPL TWO PLATS INTO 15. [03:35:02] AND TO SOME EXTENT, I'M THINKING, IS IT RESPONSIBLE FOR ME, ONE MEMBER, ONE BOAT TO SAY, OKAY, I'M GONNA IGNORE THAT THEY JUST REPLANTED 15 LOTS AND ONLY ALLOW FOUR FEET. THAT IS JUST NOT RESPONSIBLE. NOW, WOULD I HAVE VOTED TO REPL TO 15? I DON'T KNOW. THAT'S A HARD ONE TOO. BUT WE DON'T DO WITH RELAS. SO THEN THE QUESTION IS, OKAY, FOUR FEET BY, RIGHT? YOU HEARD THE DISCUSSION THAT WE HAD. MR. HAITZ ASKED, HOW TALL CAN SOMEONE BUILD A FENCE IN THE BACK? AND THE STAFF SAID FOUR FEET TOTAL. AND THEN SHE SAID, TWO FEET ON TOP OF THE TWO FEET BARRIER WALL. AND THEN I'M HAVING THIS VISION, OKAY? IS THAT WHAT WE WANT IN THESE 15 PROPERTIES? HMM. IS THAT WHAT WE WANT, MA'AM? THE, THE DISCUSSION'S OVER, IS THAT WHAT WE WANT FOR NEIGHBORS DRIVING THROUGH CASA LINDA? IS THAT WHAT WE WANT FOR NEIGHBORS THAT LIVE IN CASA LINDA TO HAVE A FOUR FOOT SOLID OR OPEN WALL LOOKING INTO 15 BACKYARDS? HMM. EACH ONE OF US HAVE HOMES, SOME IN APARTMENTS, SOME SINGLE FAMILY, SOME DUPLEXES AND BACKYARDS ARE KIND OF A PRIVATE SPACE. IT JUST KIND OF IS. I'VE GOT A BACKYARD AND I'M, AND I HAVE AN ALLEY. WHERE DO HE'S, I'VE GOT AN ALLEY. IT'S PAID AND THAT'S AN ALLEY AND THERE'S AN EASEMENT FOR THE UTILITIES AND ALL THAT, BUT IT'S AN ALLEY. UM, BUT BACKYARDS ARE, ARE PRIVATE SPACE. AND I'M TRYING TO ENVISION, WHAT IF WE ONLY DID FOUR FEET JUST BY, RIGHT. THAT'S, THERE'S NO PRIVACY AT ALL. YOU'RE ALMOST INVITING MISCHIEF. SO NOW I'M THINKING, OKAY, IS IT FIVE, IS IT SIX AT SEVEN? IS IT EIGHT? I THINK WE CAN GO UP TO NINE. WOOHOO. SO, AND THEN I THINK OF THE NEIGHBORHOOD, IT IS SIX LANES DIVIDED WITH A GRASS, MEANING IT IS A STATE HIGHWAY. IT'S PART OF LOOP 12. IT'S NOT A COUNTRY ROAD. I LOVED, LOVED, LOVED THE PRESENTATION. UM, I DON'T WANNA BUTCHER YOUR NAME, SIR. THIS 1930 EIGHTH. I, UH, AND THAT JUST HIT ME RIGHT HERE. OH, WOW. AND I ALMOST CUT YOU OFF AND DIDN'T WANT YOU TO READ IT, BUT YOU WERE SO ELOQUENT IN THE WAY YOU READ IT. I THOUGHT, GOSH. BUT THE REALITY IS THE STATE HAS GIVEN THE CITY COUNCIL AND IT'S GIVEN THE PLANNING COMMISSION THE RIGHT TO PLA AND REPLANT. AND THEY'VE REPLANTED THESE PLOTS INTO TWO LOTS. SO INTO TO MA'AM, PLEASE, I DIDN'T ASK YOU TO LEAVE. I JUST ASKED YOU TO HAVE ORDER. UH, MA'AM. OKAY. SO KUDOS TO YOU AND I APPRECIATE THAT. BUT WHEN I BALANCE ALL THESE WEIGHING THINGS, I GO BACK TO OUR CRITERIA. THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY AND THE TOTALITY, I HAVE TO CONSIDER THESE 15 NEW PLATS PART OF THE NEIGHBORHOOD. I HAVE TO, I DIDN'T CHOOSE IT. YOU DIDN'T CHOOSE IT. IT WAS CHOSEN. AND I HAVE TO BALANCE THAT SAFETY ISSUE AND THE HEIGHT ISSUE. SO FOR THAT REASON, I'M WILLING TO SUPPORT THAT. NOW THAT BEING SAID, MY GOOD BOARD ATTORNEY HAS GIVEN ME A WRITTEN DRAFT OF SOMETHING POTENTIALLY THAT I WOULD, UH, CONSIDER AMENDING HER MOTION. AND I THINK SEVEN FEET'S BETTER THAN EIGHT FEET. I DON'T KNOW IF SIX IS BETTER THAN SEVEN. AGAIN, BACK TO MY QUESTION. 5, 6, 7, 8, I, YOU KNOW, UM, THEN I, THEN THE QUESTION IS THIS WHOLE LANDSCAPING BUFFER. AND I HAVE GREAT, I HAVE GREAT CONCERNS ABOUT THAT. SO AS I'M TALKING, I'M ABOUT TO READ THIS AND THEN FIGURE OUT WHETHER OR NOT THIS HAS SUFFICIENT ENFORCEMENT THAT WE WILL ACHIEVE WHAT YOU'RE SAYING, MR. BALDWIN AND MR. BARON. UM, SO, UM, WHAT I'M RECOMMENDING IS THAT WE AMEND THE MOTION AND THE ATTORNEY SAID TO AMEND THE ONE, THE HEIGHT. SO, UH, AND I'M GONNA READ IT CAREFULLY, PROVIDE AN, UH, SO I MOVE TO AMEND THE MOTION ON THE, THE FLOOR TO PROVIDE AND MAINTAIN A LANDSCAPE BUFFER BETWEEN THE FENCE AND THE SIDEWALK OF EVERGREEN PLANT MATERIALS. THAT'S WHAT YOU WANTED. YOU DIDN'T WANNA CALL OUT A NAME OF ONE? OKAY, SAY THAT ON THE RECORD SO THAT I'M JUST SO WE ARE ALL, EVERYONE KNOWS WHAT THIS IS MIRRORING THE SCREENING PROVISIONS IN THE CODE UNDER SECTION 51 A DASH 4.62. WE'RE TRYING TO PUT THE TEETH IN IT TO ENSURE THAT THIS IS A GREEN SCAPE. [03:40:01] THE PLANT MATERIALS MUST BE LOCATED IN A BED THAT IS AT LEAST THREE FEET WIDE WITH A MINIMUM SOIL DEPTH OF 24 INCHES. IS THAT WHAT YOU'RE SAYING, SIR? OKAY. INITIAL PLANTING MUST BE A MINIMUM OF FIVE TO SIX FEET IN HEIGHT. WE SAY FIVE OR SIX. I DON'T LIKE FIVE TO SIX. SO WE, SO LET'S SAY FIVE OR IS THERE A PROBLEM WITH SIX FEET HEIGHT? LET'S GET IT STARTED. SO A MINIMUM OF SIX FEET HEIGHT. I'M SAYING SIX. LET'S SAY SIX FEET HEIGHT AND MUST BE CAPABLE OBTAINING A SOLID APPEARANCE. WOO. WITHIN THREE YEARS YOU GUYS PAINTED A GREEN WALL. PLANT MATERIALS MUST BE PLACED A MAXIMUM OF, I DON'T KNOW WHAT THE ANSWER IS. I I HAVE TO DO IT ON THE RECORD. IF YOU'RE GONNA SAY SOMETHING. I BELIEVE MR. BALDWIN OFFERED FIVE FEET ON CENTER. THE PLANT MATERIALS MUST REPLACE A MAXIMUM OF FIVE FEET ON CENTER. IS THAT WHAT YOU'RE SAYING? OVER THE ENTIRE LENGTH OF THE FENCE, BUCKNER AND MOSA, RIGHT. OH, THIS IS ON A BUCKNER. I APOLOGIZE. I'M BUCKNER. PLANT MATERIALS MUST BE MAINTAINED IN A HEALTHY GROWING CONDITION AT ALL TIMES. ISO MOVE, IS THERE A SECOND? WHAT'S THAT? UH, NO, I'M AMENDING YOUR MOTION, BUT I NEED A SECOND TO AMEND THE MOTION. IS THERE A SECOND TO AMEND THE MOTION? SECOND. ALRIGHT, SO ALL WE'RE TALKING ABOUT NOW IS AMENDING THE MAIN MOTION. AM I CORRECT? THAT IS CORRECT. OKAY, SO DISCUSSION. SO YEAH. OH, I'M GONNA TALK ON MY MOTION AND THEN YOU CAN, AND THEN THERE ARE RULES OF PROCEDURE. I, I WILL SPEAK TO THE MOTION. THE PERSON WHO MAKES THE MOTION. THEN THE SECOND, THEN A GENERAL DISCUSSION. THIS IS THE GENERAL DISCUSSION. SO IT'S A PARLIAMENTARY QUESTION. YES. DOES NOT THE MAKER OF THE ORIGINAL MOTION AND THE SECOND HAVE TO ACCEPT YOUR AMENDMENT? NO, 'CAUSE I'M AMENDING IT. IF WE WANTED TO CHANGE IT WITHOUT A VOTE, WE WANTED TO CHANGE IT WITHOUT A VOTE. WE JUST DO A FRIENDLY, SHE WITHDRAWS IT AND SHE CHANGES IT. I'M ADDING SOMETHING SUBSTANTIVE TO THE MOTION. OKAY. SHE DOESN'T HAVE TO AGREE. WELL, SHE'S GONNA VOTE IN A MINUTE. ALL RIGHT. THE BASIS BY WHICH I'M DOING THIS IS, AS I JUST SAID IN ORATORY, I'M NOW CONVINCED YOU CAN'T JUST DO A TWO FOOT OR A FOUR FOOT FENCE. THESE ARE 15 LOTS. YOU HEARD ALL THAT? I'M NOT GONNA REPEAT THAT. SO MY QUESTION THEN BECOMES HOW DO WE MAKE THIS MAXIMUM POTENTIAL FOR GREENSCAPE THAT MINIMIZES THE LOOK FOR THOSE IN THE NEIGHBORHOOD AND THOSE THAT TRANSIT TRANSITION TO THE NEIGHBORHOOD? AND THAT WAS WHAT I ASKED MY BOARD ATTORNEY COME UP WITH LANGUAGE THAT WOULD ACHIEVE THAT. THAT WAS THE BASIS OF THAT. THAT'S MY COMMENT ON THE MOTION. UH, UH, MR. DORN DISCUSSION ON THE AMENDMENTS. ALRIGHT, SO WE'RE, WE'RE VOTING ON NOW IS TO AMEND THE MAIN MOTION, NOT APPROVE THE MAIN MOTION. JUST TO AMEND THE MAIN MOTION. MS. BOARD SECRETARY, WOULD YOU CALL THE ROLE? THIS IS STRICTLY TO JUST AMEND YOUR MOTION AMENDING ONLY. SO THIS, THIS IS A VOTE TO AMEND THE PENDING MOTION. OKAY, MS. DAVIS? YES. MR. DO? YES. MS. HAYDEN? YES. MR. KOVI? AYE. MR. CHAIRMAN. AYE. MOTION PASSES TO AMEND. ALRIGHT, SO THE AMENDMENT TO THE MAIN MOTION IS PASSED BY FIVE TO ZERO AND ALL REQUIRED WAS MAJORITY. NOW WE GO BACK TO THE MAIN MOTION. NOW IT'S BACK TO YOUR MOTION WITH THIS LANGUAGE IF YOU WANNA LOOK AT IT OR, OKAY. ALRIGHT. THAT'S IN THE RECORD AND THIS WILL GO TO MARY AND SO FORTH. ALRIGHT. DISCUSSION ON THE MOTION IN FRONT OF US IS TO, UH, ALLOW A SEVEN FOOT SPECIAL EXCEPTION WITH THIS LANDSCAPE REQUIREMENT. MS. HAYDEN, NO FURTHER COMMENT. MR. HOP, I'M JUST GONNA COMMENT THAT, UM, I DON'T KNOW WHAT YOUR AMENDMENT REALLY MEANS FUNCTIONALLY, I WISH THE ARBORISTS WERE HERE TO TELL US WHAT THAT ACTUALLY MEANS. 'CAUSE I DON'T THINK WE KNOW WHAT THAT MEANS. SO I ASKED THE BOARD ATTORNEY TO GIVE ME A DRAFT THAT WAS PARALLEL AND OR CONSISTENT WITH THE CITY CODE ON LANDSCAPING REQUIREMENTS FOR OTHER TYPICAL TYPES OF PROJECTS. AND THAT'S WHAT I THINK SHE CAME UP WITH. BUT I'LL LET HER SPEAK TO THAT. SO THIS CONDITION HAS, THE APPLICANT MUST PROVIDE A LANDSCAPE BUFFER BETWEEN THE FENCE AND THE SIDEWALK OF EVERGREEN PLANT MATERIALS. I DIDN'T SPECIFY WHAT TYPE OF MATERIALS. SO IT, THE APPLICANT PROPOSED HOLLY'S, BUT IT, IT SHOULD JUST BE OF EVERGREEN PLANT MATERIALS. AND I WOULD ALMOST PROPOSE A SPECIFIC VERSION. BUT SHE'S SAYING THE CODE, RIGHT? THE CODE RIGHT NOW HAS EVERGREEN [03:45:01] PLANT MATERIALS. SO I DON'T WANNA REWRITE THE CODE. SO WE DON'T HAVE THAT AUTHORITY. AND WE'RE SAYING THAT THE, THE PLANT MATERIAL MUST BE LOCATED IN A BED THAT IS AT, THAT IS AT LEAST THREE FEET WIDE. AND THEN THE MINIMUM SOIL DEPTH HAS TO BE AT LEAST 24 INCHES DEEP. SO YOU HAVE TO PLANT THE TREE AT LEAST 24 INCHES DEEP SO WE CAN MAINTAIN THE LONGEVITY OF THE AND WHERE DID YOU GET THAT BASIS? THAT IS IN THE CODE PROVIDED? IN THE CODE. SO I'M, WE'RE READING RIGHT FROM THE CODE, LIKE WE DON'T WANT IT TO BE THAT THEY PLANTED EIGHT INCHES DEEP BECAUSE IT MIGHT NOT, BUT UM, AND THEN THE INITIAL PLANNINGS MUST BE A MINIMUM OF SIX FEET IN HEIGHT. AND THEN THE, THE MATERIAL HAS TO BE CAPABLE OF OBTAINING A SOLID APPEARANCE WITHIN THREE YEARS. SO WITHIN THREE YEARS IT HAS TO BE A SOLID, IT HAS TO GROW TO BE SOLID SCREENING OF THE PLANT MATERIALS. NOW THAT'S NOT FROM THE CODE, THAT IS IN THE, I UNDERSTAND. SO THAT IS OR IS NOT? THAT IS. OH, THAT'S IN THE CODE. OKAY. SO THE PLANT THEY PUT IN THE GROUND DAY ONE HAS TO BE SIX FEET HIGH FROM THE LEVEL THAT'S THE GROUND LEVEL MOTION STATED. AND, UM, I'M GONNA KIND OF BEGS THE QUESTION MUST BE MAINTAINED FOR WHAT? WELL, THAT'S A GOOD QUESTION. WHAT'S THE ENFORCEMENT OF THAT I WILL DEFER TO STAFF IF THEY DON'T MAINTAIN THIS PLANT THEN? IS IT A CITATION OR I BELIEVE IT WOULD BE A CITATION. IS THAT WHAT SAID? OKAY. SO, UM, WE DO HAVE A NEW SYSTEM THAT, UH, ARBORIST IS WORKING OUT, BUT THEY HAVE ADDED LIKE A, A LINE FOR LANDSCAPING VIOLATIONS THAT ARE 3 1 1 SYSTEMS. SO, UM, OUR ARBORISTS ARE RESPONDING TO VIOLATIONS THAT PERTAIN TO LANDSCAPING REGULATIONS. SO THEY ARE CURRENTLY, BUT MY QUESTION, THE QUESTION IS ENFORCEMENT, WHAT HAPPENS IF WE DO THIS? HE PUTS THEM IN AND THEY DIE AND NO ONE DOES ANYTHING ABOUT IT. HOW, HOW, HOW DOES THE HOW WHAT, WHAT FORCES THE PROPERTY OWNER OR THE HOA OR WHOEVER TO DO WHAT WE SAID THEY THEY'RE SUPPOSED TO DO? RIGHT. THEY'D SUBMIT A 3 1 1 COMPLAINT AS A LANDSCAPE VIOLATION. YOU KNOW THAT THE YEP. REQUIRED LANDSCAPING DIE. YES. IT NEEDS TO BE REPLACED AND THEN AN ARBORIST WOULD GO OUT. NOT A CODE COMPLIANCE, BUT AN ARBORIST. YEAH. OKAY. WELL I THINK THEY'RE PARTNERING. OKAY. BUT THEY'LL GO OUT AND INSPECT AND, YOU KNOW, COACH THEM HOW TO REINSTALL IT. AND THE, THE APPLICANT MENTIONED THAT THEY WOULD HAVE AN HOA WITH MANDATORY DUES THAT WOULD PAY FOR REPAIRS TO THE WALL AND OR THE LANDSCAPING. THE IRRIGATION. IS THERE ENFORCEMENT THAT THE CITY HAS ON THAT OR YOU SAID LANDSCAPING? THE APPLICANT SAID THAT THEY WOULD HAVE A MANDATORY HOA THAT WOULD HAVE, UH, MANDATORY DUES THAT WOULD HAVE MONEY TO REPAIR THE WALL AND OR MAINTAIN THE LANDSCAPING. DO WE HAVE ENFORCEMENT? WHAT'S THE ENFORCEMENT ON THAT? RIGHT, RIGHT. JUST, JUST LIKE IF YOU HAVE A LEANING FENCE, YOU WOULD CALL 3 1 1 OUT AND THEY WOULD, YOU KNOW, ISSUE CITATIONS, ANY KIND OF HAZARD. SO IT'S A CIVIL COURT, IT WOULD BE A MUNICIPAL COURT EVENTUALLY IF THEY DON'T RESPOND TO THE A CODE VIOLATION. RIGHT. OKAY. BECAUSE THEY'RE NOT COMPLYING WITH RULE MANDATE. OKAY. THE, MY, MY POINT IS, AND BACK TO YOURS, I JUST WANNA MAKE SURE THERE'S AN ENFORCEMENT MECHANISM AND THEN THERE'S NOT MUCH ELSE WE CAN DO. OKAY. SO WHAT WE TRIED TO DO, MR. KOVICH, YOU SAID YOU DIDN'T UNDERSTAND IT, IS MODEL THIS AMENDMENT THAT WE JUST ADOPTED AS CLOSE TO THE CODE AS POSSIBLE SO IT CAN BE ENFORCED AND IT'S, IT'S CLEAR CUT AND THE APPLICANT HAS CONSENTED TO THAT. IS THAT TRUE OR FALSE? IF YOU PLEASE COME TO THE MICROPHONE JUST SO IT'S ON THE RECORD. YES, WE AGREE WITH ALL THAT. OKAY. ALRIGHT. DISCUSSION ON THE MAIN MOTION. THE MOTION IN FRONT OF US. MOTION IN FRONT OF US IS, UH, FOR BOA 2 5 0 0 0 0 4 4 IS A MOTION TO GRANT A SPECIAL EXCEPTION TO PROVIDE A SEVEN FOOT HIGH FENCE ALONG NORTH BUCKNER BOULEVARD WITH THIS LANDSCAPING LANGUAGE THAT WILL GO TO OUR BOARD SECRETARY TO PUT IN THE MINUTES. ANY OTHER DISCUSSION? HEARING NONE, UH, THE BOARD SECRETARY WILL CALL THE CALL THE VOTE. MS. DAVIS? YES, MR. DORN. AYE. MS. HAYDEN AYE. MR. KOVI? [03:50:03] AYE. MR. CHAIRMAN, AYE. MOTION TO GRANT PASSES FIVE TO ZERO WITH THE AMENDMENT BO. A 2 5 0 0 0 4 4, UH, SEVEN FOOT OF HIGH HAS BEEN GRANTED, UH, FOR HEIGHT WITH THE AMENDMENT AS IT RELATES TO, UH, LANDSCAPING MS. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 25 DASH 0 0 0 0 4 4 ON APPLICATION OF ROBERT BALDWIN GRANT A REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG BUCK NORTH BUCKNER BOULEVARD AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT HAVE ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED. MS. MS. HAYDEN IN THE MATTER BOA 2 5 0 0 4 4 HAS MOVED TO GRANT THEIR SPECIAL EXCEPTION REQUEST FOR LESS THAN 50% OPEN SPACE AREA, UH, ALONG THE, THE PLANNED, UH, WALL ON NORTH BUCKNER BOULEVARD. IS THERE A SECOND, SECOND, AND SECOND BY MS. DAVIS? DISCUSSION ON THE MOTION, MS. HAYDEN? SO IN, IN ADDITION TO THE COMMENTS FROM THE PREVIOUS MOTION, I WOULD ALSO LIKE TO ADD THAT, UM, YOU KNOW, AS MUCH AS I LIKE THE IDEA OF AN OPEN FENCE AND AN OPEN, UM, YOU KNOW, WROUGHT IRON OR SOMETHING ON TOP OF A TWO FOOT WALL, UM, I KNOW THAT IT, IT DOESN'T HAVE A STRUCTURAL CAPACITY OF A, OF A SOLID WALL. AND THE SAFETY, AGAIN, IS MY NUMBER ONE CONCERN WITH ALL THESE LOTS BACKING UP TO BUCKNER. THANK YOU MS. HAYDEN. MS. DAVIS. I AGREE. I THINK YOU'RE, UH, YOU'LL HAVE MORE SUCCESS WITH A SOLID WALL THERE. UH, THAT MAKES COMPLETE SENSE. AND AS MUCH AS I LIKE THE OPEN FENCE AS WELL WITH A TRAFFIC, I JUST THINK, UH, A SOLID WALL IS GONNA BE MORE DESIRABLE IN THAT NEIGHBORHOOD FOR THE BACKYARD. DISCUSSION ON THE MOTION HEARING, NO OTHER DISCUSSION. THE BOARD, UH, THE BOARD SECRETARY WILL CALL THE VOTE MO WHAT'S ON THE FLOOR RIGHT NOW, BO? A 2 5 0 0 0 0 4 4 IS A MOTION TO GRANT, UH, SPECIAL EXCEPTION ALONG BUCKNER BOULEVARD FOR LESS THAN 50% OPEN SURFACE AREA. OKAY, MS. DAVIS? AYE. MR. DORN AYE. MS. HAYDEN AYE. MR. OVITZ AYE. MR. CHAIRMAN, MOTION FOR GRAHAM PASSES FOUR ONE IN THE MATTER OF BO A 2 5 0 0 0 0 4 4. THE BOARD ON A VOTE OF FOUR TO ONE GRANTED THE REQUEST FOR, UH, LESS THAN 50% OPEN SURFACE AREA ALONG, UH, BUCKNER BOULEVARD. MS. HAYDEN NEXT MOTION I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 0 0 4 4 ON APPLICATION OF ROBERT BALDWIN DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SEVEN FOOT HIGH FENCE ALONG HERMOSA DRIVE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBOR NEIGHBORING PROPERTY IN THE MATTER BOA 2 5 0 0 0 44. MS. HAYDEN HAS MOVED TO DENY THE REQUEST WITHOUT PREJUDICE FOR THE SEVEN FOOT HIGH FENCE ALONG OSA DRIVE. IS THERE A SECOND? SECOND. IT'S BEEN SECONDED BY MR. HAITZ DISCUSSION ON THE MOTION, WHAT'S ON THE FLOOR IS 25 4 4 4 TO DENY THEIR SPECIAL EXCEPTION REQUEST FOR THE SEVEN FOOT FENCE ALONG HERMOSA WITHOUT PREJUDICE. THAT'S THE MOTION ON THE FLOOR. MS. HAYDEN. SO IN, IN THE CASE OF HERMOSA DRIVE, WELL, I UNDERSTAND THE SAFETY CONCERNS WITH BUCKNER. I DON'T QUITE UNDERSTAND THE SAFETY CONCERNS WITH HERMOSA. I ALSO LISTENED TO THE NEIGHBORS, UM, THAT WERE IN OPPOSITION AND ONE OF THE, THE PRIMARY REASONS WAS THE LACK OF OPENNESS OF THIS NEIGHBORHOOD. SO I FEEL THAT HAVING NOT, NOT GRANTING A SEVEN FOOT, UH, FENCE ALONG A TWO LANE ROAD, UM, WOULD HELP TO ACHIEVE AT LEAST IN PART, UM, A MORE OPEN FEEL FOR THE NEIGHBORHOOD. THANK YOU MS. HAYDEN. UH, MR. KOVI? I AGREE WITH MS. HAYDEN. I, I WAS, UH, WILLING TO GO ALONG WITH IT AND VOTE YAY FOR BUCKNER BECAUSE OF THE SAFETY ISSUES. I DON'T THINK THOSE APPLY IN THE SAME WAY TO HERMOSA. THANK YOU MR. HAITZ. A QUESTION FOR STAFF. SO THE MOTION ON THE FLOOR IS FOR A, IF, IF WE DENIED THE SEVEN FOOT, THAT MEANS IT REVERTS TO FOUR FEET BY RIGHT? CORRECT. REVERTS TO FOUR FEET ALONG MOSA, WHAT IS THE TRANSITION POINT? 'CAUSE YOU HAVE A SEVEN FOOT FENCE WE JUST APPROVED [03:55:01] ALONG BUCKNER. AT WHAT POINT DOES, DOES IT TRANSITION TO A LOWER HEIGHT? AT, AT WHAT POINT IN TIME IN THAT CORNER? AND, AND MS. HAYDEN, WHAT POINT IN TIME WOULD YOU WANT IT TO TRANSITION? SO SINCE YOU, YOU'RE THE ONE, RIGHT? SO IT WOULD BE, SO I BELIEVE THE, THE, THE APPLICANT MENTIONED THE, UM, ALVAREZ, THE TRAFFIC ENGINEER FOR THE CITY OF DALLAS MENTIONED THAT THERE HAS TO BE A SORT OF A, THAT THE TWO FOOT REQUIREMENT HAS TO CONTINUE ALONG THAT THAT CURB RETURN THE CURVE INTO HERMOSA. I THINK THAT'S PROBABLY GONNA BE DICTATED. AT LEAST THAT PART OF IT IS GONNA BE DICTATED BY THE CITY OF DALLAS. OKAY. AND THEIR REQUIREMENTS FOR THE TWO, FOR THE TWO FOOT HEIGHT. OKAY. UM, BUT THE FOUR FOOT HEIGHT CAN CONTINUE ON BY, RIGHT. OKAY. SO I JUST WANNA MAKE SURE THAT IF WE GO AHEAD AND APPROVE THIS THERE, OUR, OUR INTENT IS CLEAR. WHY DON'T YOU SHOW THAT TO MS. HAYDEN? I'D RATHER SHOW HER GET, CONVINCE HER AND THEN SHE'LL CONVINCE US. AND WHAT SHE'S DOING RIGHT NOW IS SHOWING THE SITE PLAN, UM, FROM THE STAFF AS IT RELATES TO THE TRANSITION POINT. WE'LL, WE'LL FIND THAT IF, GO AHEAD. THIS CONFUSION IS WHY I'M HAVING IT CLARIFIED. I SO TO ANSWER YOUR QUESTION, CHAIRMAN, YES, GO AHEAD. THE, UM, SO THE SEVEN FOOT WOULD BE ALONG THE RIGHT OF WAY OF MR. HAITZ? I CAN'T HAVE YOU DO THAT, MR. HAITZ, PLEASE. I CAN'T, NO, I CAN'T HAVE YOU DO THAT. UH, MR. MR. BALDWIN, PLEASE. THAT'S OUT OF ORDER. MR. HAITZ, PLEASE. WE ALL KNOW WE SPEAK THROUGH THE PRESIDING OFFICER. OKAY. IF MR. BALDWIN, YOU HAVE A QUESTION THAT YOU'D LIKE TO ADDRESS ME, I'LL LET YOU THAT, BUT DON'T DO A SIDEBAR LIKE THAT. I DON'T, YOU JUST DON'T DO THAT. YEAH, I, I APOLOGIZE. CAN YOU IMAGINE DOING THAT IN A COURT OF LAW? WHAT A JUDGE WOULD SAY. OKAY. SO YOU JUST DON'T DO THAT. ALRIGHT. SO DID YOU HAVE A QUESTION? NO, I JUST WANT CLARIFICATION. I HAVE A QUESTION. MR. HOROWITZ, HOLD PLEASE. UM, DON'T, MY HEARING AIDS AREN'T WORKING WELL TODAY. SO THE FIRST MOTION THAT GOT APPROVED, UH, FOR, UH, BUCKNER WAS APPROVED AT SEVEN FEET WITH, WITH LESS THAN 50% OF CAPACITY. HERMOSA, WHAT'S THAT? UH, THERE WERE THE, THE FIRST MOTION ON MOSA? NO, THERE'S NOT. WE ARE, WE HAVE NOT, WE HAVE NOT DEALT WITH, WE WE'RE JUST CURRENTLY DISCUSSING HERMOSA AND THE HEIGHT. OKAY, BUT THERE WASN'T ONE ABOUT THE OPACITY? NOT YET. WE HAVEN'T GOTTEN TO IT YET. OKAY. THANK YOU. I'M, I'M SORRY. I SAID, OKAY. SO WHAT THE BOARD APPROVED FIVE TO ZERO IS SEVEN FEET ALONG BUCKNER. RIGHT. WHAT THE BOARD APPROVED FOUR TO ONE WAS LESS THAN 50%, UH, SURFACE AREA ALONG BUCKNER. NOW THE BOARD IS CONSIDERING THE HEIGHT ALONG OSA. THANK YOU. THE MOTION ON THE FLOOR IS TO DENY WITHOUT PREJUDICE THE HEIGHT ON OSA. AM I CORRECT? YES. OKAY. THANK YOU. SO DID YOU, DID YOU, I I'M GONNA BE, WE WILL BE GRACIOUS AND SAY, DID YOU WANNA MAKE A COMMENT? NO, SORRY, I WANTED TO CLARIFY WHAT WHAT HAS BEEN VOTED ON SO FAR. OKAY. YEAH. ALL RIGHT. YEAH. SO MS. HAYDEN, WHAT I HAD ASKED THE STAFF TO VISIT AND YOU ABOUT IS THE STOPPING AND STARTING OF THAT, IF INDEED WE DECIDE [04:00:01] NOT TO APPROVE SEVEN FOOT AND IT BY, IF IT'S DISAPPROVED, THEN IT'S JUST FULL FOOT BY, RIGHT? SO DID YOU COME UP WITH A DETERMINATION ON THE STOPPING AND STARTING? SO AS I, AS I MENTIONED BEFORE, SOMETHING THAT ALVAREZ, THE CI THE TRAFFIC ENGINEER FOR THE CITY, SAID THAT THE, THE SEVEN FOOT WALL WOULD HAVE TO CONTINUE AROUND THE CURVE, ALONG THE CURVE TO, TO THE RIGHT TURN INTO HERMOSA FROM BUCKNER. I DON'T KNOW EXACTLY THE POINT AND THE CITY CAN'T REALLY TELL ME EXACTLY THE POINT, BUT THEY SAID AROUND THE CURVE. AND THEN AT THAT POINT, AND, AND I, YEAH, SO I DON'T, I DON'T REALLY KNOW THE ANSWER TO THAT. SO THE QUESTION THEN BECOMES, IS IT, CAN WE FUNCTIONALLY IMPLE, CAN THE CITY FUNCTIONALLY IMPLEMENT THAT BY MEASUREMENT? AND CAN THE APPLICANT DO THAT IF WE DID SEVEN FEET AND THEN TO FOUR FEET? I, I THINK I HAVE AN ANSWER TO THAT. YES. IF YOU WERE THE CURVE RADIUS STOPS, RIGHT? I THINK WE HAVE A 35 OR 40 FOOT CURVE RATED. UH, THAT'S WHAT I UNDERSTAND. YEAH. SO YOU KNOW WHERE THE CURVE RADIUS STOPS LEADING ON HER MOTION. THAT'S WHERE I THINK THAT WOULD YOU AGREE WITH THAT, MS. KU? YES. I'D HAVE TO MEASURE, BUT YES, THAT'S TYPICALLY WHAT WE WOULD MEASURE. OKAY. AND WE'RE NOT SPECIFYING WHAT START, STOP POINT. WE JUST WANNA, YEAH. WE JUST WANNA MAKE SURE WE KNOW WHAT THE COLLATERAL EFFECT IS OF WHAT WE'RE ABOUT TO DECIDE OR NOT. RIGHT. SO WE END AND WE WILL LET A CITY ENGINEER DEAL WITH THAT. OKAY. BUT YOU'RE CALM WITH WHAT YOU THINK THIS IS MS. HAYDEN. YES. CORRECT. OKAY. MR. KOVICH, YOU HAD A QUESTION I WAS ATTEMPTING TO ASCERTAIN, AND I, FORGIVE ME FOR GOING OVER AND HAVING A PRIVATE CONVERSATION. I WAS ATTEMPTING TO ASCERTAIN WHERE LOT 15 ON THIS DIAGRAM ACTUALLY. AND IF THAT'S THE DIAGONAL LINE, 'CAUSE IT LOOKS LIKE THAT'S ABOUT WHERE 15, YOU'RE TALKING ABOUT LOT 15? NO, IT'S AT THE CORNER. YES. IF THAT DIAGONAL LINE BASICALLY GOING TO THE CORNER, I DON'T KNOW IS MS. HAYDEN WOULD BE ABLE TO READ THAT. IS THE LOT LINE, I BELIEVE THE DIAGONAL LINE THAT YOU'RE REFERRING TO IS THE RADIUS SOMETHING THAT JUST CALLS OUT THE RADIUS OF THE CURB RETURN. IT'S NOT A LINE. AND THAT'S THE QUESTION I WAS ASKING MR. BALD AND MR. CHU QUESTIONS APPROPRIATE HERE WITH OUR STAFF? OKAY, MS. PARK. YEAH, WE'RE ACTUALLY GONNA MEASURE TO THE MIDDLE OF THE CURB. SO THAT'S WHERE THE, THE, UM, HOLD ON THE FRONTAGE. HOLD ON A SECOND. I'VE GOT THREE CONVERSATIONS. OKAY, MS. BARCO? YES. WE'RE GONNA MEASURE TO THE MIDDLE OF THE CURB. SO THE NEW, THE FRONTAGE FOR HERMOSA WILL START WILL START AT THE SECOND. IF THIS MOTION PASSES. YES. THE MOTION PASSES. CORRECT. SO BUCKNER WILL BE UP UNTIL THE MID, THE MIDDLE OF THE CURB. OH, SO THE MIDDLE OF THE CURB RETURN. YEAH, THAT'S, WE'RE GONNA NOT ALL THE WAY TO THE END OF THE CURB RETURN. YEAH. THAT'S WHERE WE'RE GONNA MEASURE TO. OKAY. AND IT, AND IT IS A CORNER. SO IT'S NOT UNCOMMON FOR YOU TO HAVE TWO SEPARATE FENCE HEIGHTS ON EACH SIDE EACH, CORRECT? YEAH. RIGHT THERE IS THE CURB. I MEAN, HONESTLY, IT HAS TO BE DESIGNED PROPERLY. THAT'S REALLY THE POINT. WE'RE WE'RE JUST TALKING ABOUT WHAT HEIGHT WE WILL ALLOW ON EACH STREET. RIGHT. ON HERMOSA. ON HERMOSA. AND WE'VE ALREADY APPROVED SEVEN FEET ON BUCKNER AND WE'RE SAYING NO, WE'RE NOT APPROVING SEVEN FEET ON HERMOSA. AND THAT HAS, IF THEY WANNA COME BACK AND, YOU KNOW, BUT IT, IT'LL NEED TO BE DESIGNED SO THAT WE CAN SEE WHAT IT LOOKS LIKE. MR. CHAIRMAN, ANOTHER VARIANCE. ONE, ONE SECOND. DO YOU, YOU CONCUR WITH WHAT SHE'S YEAH, I WOULD, I WOULD DEFINITELY WANNA SEE THE DESIGN ON HOW THEY'RE GONNA CURVE THERE. BUT WE ARE GONNA MEASURE TO THE CENTER. OKAY, MR. HOPPER. OKAY. SEVEN SEVEN FEET IS THE MAXIMUM THEY CAN, IF THEY WANT TO UN ABOVE, SCALE THAT DOWN TO FOUR. WELL, FOUR IS BY RIGHT. THEY DON'T HAVE TO GO FROM SEVEN TO FOUR. THEY CAN, I DON'T KNOW HOW THE STAFF MEASURES THAT. HOW DO THEY I'M SORRY, WHAT? THE TRANSITION, THE SEVEN FEET HAS TO GO TO THE CENTER OF THE CURB RETURN, RIGHT? YES. OKAY. YES. NO, THEY'RE ALLOWED SEVEN FEET UP TO CENTER. OH, RIGHT. THEY'RE ALLOWED. IT DOESN'T HAVE TO BE SEVEN. YEAH, YOU'RE RIGHT. NOW THEY'RE GOING TO PROPOSE A, A A FOUR FOOT ON HERMOSA. CORRECT. BUT WE DON'T KNOW. THEY COULD DO THAT BY WRITING. OKAY. THEY COULD, BUT I'M NOT SURE IF IT WAS, IF IT WAS DISCUSSED EARLIER THAT IT CANNOT BE OPAQUE. IT HAS TO BE. WE HAVEN'T GOTTEN TO THAT YET. OKAY. SO WE, WE HAVEN'T GOTTEN TO THAT YET. OKAY. SO, UH, WHAT WE HAVE ON THE FLOOR IS A MOTION TO DENY THIS REQUEST FOR SEVEN FOOT HEIGHT WITHOUT PREJUDICE ALONG HERMOSA. THAT'S WHAT'S ON THE FLOOR, MS. DAVIS. SO IF WE DENY HERMOSA LOT, 15 IS GOING TO HAVE HALF OF A SEVEN FOOT FENCE AND HALF OF A FOUR FOOT FENCE. CORRECT? IT'S A BACKYARD AND A SIDE YARD. SORRY. IT'S A BACKYARD AND A SIDE YARD. SO MOST PEOPLE DON'T HAVE THE SAME FENCE ON [04:05:01] THE BACKYARD THAT THEY HAVE ON THE SIDE YARD. ISN'T THIS ALL THE BACKYARD? YEAH, BUT THE OH, THE HOUSE WOULD BE OKAY. GOT IT. YEAH. OKAY. DISCUSSION AND THE MOTION. ALRIGHT. THE MOTION, UH, IN BO OA UH, 2 5 0 0 0 0 4 4 IS TO DENY WITHOUT PREJUDICE THE REQUEST FOR SEVEN FOOT HIGH FENCE ALONG OSA IT'S BEEN, WAS MADE BY MS. HAYDEN. SECOND BY MR. HAITZ. WE'LL VOTE NOW. MS. BOARD SECRETARY MS. DAVIS? NO. MR. DORN? AYE. MS. HAYDEN? AYE. MR. OVITZ? AYE. MR. CHAIRMAN? NO. SO THAT MEANS THAT THIS IS AN, WELL, THIS WAS A MOTION TO DENY AND IT HAD THREE VOTES. THE THREE VOTES TO DENY. SO IT CARRIES. SO THE MOTION CARRIES? YES, THE MOTION CARRIES. 'CAUSE IT TAKES FOUR AFFIRMATIVE TO GRANT, BUT A SIMPLE MAJORITY TO DENY. OKAY. NEXT MOTION. MS. HAYDEN, I, THE REASON WHY I VOTED THAT WAY IS MS. HAYDEN COMMENT JUST THEN IS THAT SPLITTING THAT BACKYARD STILL, BUT, OKAY, WE'RE FINE. OKAY, MS. DAVIS. ALRIGHT, LAST MOTION. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH TWO FIVE DASH 0 0 4 4 ON APPLICATION OF ROBERT BALDWIN DENY THE SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG HERMOSA DRIVE AS A SPECIAL EXCEPTION TO THEIR SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. UH, A MOTION TO BEEN MADE IN BO A 2 5 0 0 0 0 4 4 ON THE APPLICATION OF MR. UH, UM, ON MR. BALDWIN TO DENY THE REQUEST FOR A SURFACE AREA LESS THAN 50% ALONG MOSA DRIVE. IS THERE A SECOND? SECOND. IT'S BEEN SECONDED BY MR. HOROWITZ DISCUSSION ON THE MOTION. MS. HAYDEN? I JUST DON'T SEE THE NEED FOR, UM, A, A SOLID FENCE ALONG HERMOSA MR. HOROWITZ. I CONCUR. I'M SORRY. I CONCUR. OKAY. ANY OTHER DISCUSSION ON THE MOTION, MS. DAVIS? SO IT CAN BE SOLID IF IT'S ONLY FOUR FEET, BUT IF IT'S, IT CAN'T BE SOLID AT ALL. OKAY. WAIT A MINUTE. SO MS. BARON, PUT IT ON THE RECORD PLEASE. THE OPACITY REQUEST CANNOT, IT CANNOT BE A APPRO OR IT CANNOT BE SOLID ANYTHING ABOVE TWO AND A HALF FEET WITHIN FIVE FEET FROM THE PROPERTY LINE. BUT THE MOTION IS TO DENY. OKAY, SO RIGHT. THE MOTION IS DENY, WHICH MEANS IT HAS TO BE AN OPEN FENCE MORE THAN 50%. YES. THAT'S THE MOTION. WELL, IF THERE, IF THE REQUIREMENT TO HAVE THE TRAFFIC BARRIER OR THE TWO FOOT TRAFFIC BARRIER, WELL, WE DON'T NEED TRAFFIC BARRIER. MOSA. OKAY. RIGHT. OKAY. NO. OKAY. THERE'S NO TRAFFIC BARRIER IN A MOTION. JUST ALONG THE CURB TURN. I THOUGHT WE TALKED ABOUT THIS AT THE LAST MEETING AND ALVAREZ SAID THAT THE TRAFFIC BARRIER HAS TO GO ALONG THE CURB RETURN, BUT NOT ALL THE WAY ALONG. TOON. OH, DAVID NAVAREZ. HE'S ONLINE. I SEE. OKAY. MAYBE HE NEEDS TO CHIME IN. OKAY. MS. BARKUM, YOU'RE OUR RESIDENT EXPERT. DO YOU HAVE AN OPINION? UM, PER MY DISCUSSION WITH MR. NAVAREZ, THE PER THE, UM, EASEMENT WAS ONLY ALONG NORTH BUCKNER. THE REQUIRED, UM, BARRY NER ONLY ALONG NORTH BUCKNER NOT ON HERMOSA DRIVE, SO WE COULD REACH OUT, BUT WE'RE WHAT'S PENDING BEFORE THE BOARD RIGHT NOW IS LESS THAN 50% SURFACE AREA ALONG HERMOSA, THE BOARD JUST DENIED A REQUEST TO, UM, DENIED A REQUEST TO GO TO SEVEN FEET. THE FIRST TWO FEET OF WHETHER YOU'RE TALKING ABOUT A BARRIER IS IRRELEVANT TO US BECAUSE IF YOU'RE REQUIRED TO DO THAT, YOU CAN DO THAT IN THE FIRST TWO OF YOUR FOUR. BUT GOING OVER THE FOUR WE SAID NO. SO IF YOU'RE GONNA DO THE FOUR, THE FIRST TWO ARE ACCORDING TO WHATEVER BARRIER THE STAFF SAYS YOU NEED. BEYOND THAT, IT'S NONE OF OUR BUSINESS AND WE'LL STAY OUT THAT. SO, OKAY, THIS IS WHY DISCUSSION THROUGH THE PRESIDING OFFICER INSTEAD OF ALL THESE ONE-OFFS GUYS, MR. CHAIRMAN? YEAH, HERE WE GO. YEAH. . YEAH. I LOVE YOU. GO AHEAD. OKAY. WE, THIS IS DISCUSSION ON THE MOTION. YEAH. [04:10:01] OKAY. A FOUR FOOT FENCE, WHICH THEY CAN DO BY RIGHT? CORRECT. IF THE FIRST TWO FEET ARE SOLID, WE DON'T KNOW IF, YEAH, THE FIRST TWO FEET WERE SOLID MS. PARK, LISTEN, GO AHEAD. AND THE SECOND TWO FEET WERE OPAQUE AND IT WOULD BE 50% OR LESS WOULD BE IT WOULD MEET THE REQUIREMENT. WHETHER OR NOT IT DOESN'T APPLY TO EVERY INCH OF THE, OF THE WALL. NOW IT WOULD APPLY TO BE AGGREGATE OF THE WALL. I I'M GONNA SAY WE'RE NOT GONNA WORRY ABOUT THAT BECAUSE THE ENFORCEMENT OF THIS BARRIER WALL IS OUTSIDE THE PURVIEW OF THE BOARD OF ADJUSTMENT. THAT IS A STATE AND OR CITY ISSUE ABOUT BARRIER WALLS. UM, WE'RE JUST, WE ARE JUST, WE MADE A DECISION TO DO NOT SEVEN, THAT'S ALL WE SAID. AND SO IT DEFAULTS TO FOUR BY, RIGHT? IT COULD BE THREE, IT COULD BE TWO, BUT IT'S NONE OF OUR BUSINESS. SO WHAT'S IN FRONT OF US NOW IS A MOTION TO DENY LESS THAN 50% OPEN SPACE AREA FOR ALONG OSA APPLICANT REQUESTED SOLID WE'RE SAYING NO WITHOUT PREJUDICE, WHICH MEANS THEY CAN COME BACK. DISCUSSION ON THE MOTION. SEEING NONE, MS. WILLIAMS, I APOLOGIZE. AND, UM, MR. HOKO WOULD SECOND IT, UH, IT WAS MS. HAYDEN AND THEN MR. HOKO? YEAH. OKAY. THIS IS MS. OSA. NO, UH, NO SOLID WALL. UM, MS. DAVIS? NO. MR. GONG. AYE. DID YOU, ARE WE ALL CLEAR ON THE MOTION? AYE. OKAY. MR. OVITZ? AYE. MR. CHAIRMAN, AYE. MOTION TO DENY PASSES? FOUR TO ONE. OKAY. IN THE MOTION OF, IN THE MATTER BO A 2 5 0 0 0 0 4 4. THE BOARD ON A VOTE OF FOUR TO ONE DENIES WITHOUT PREJUDICE THE REQUEST TO HAVE A MORE THAN 50% SERVICE AREA ALONG OSA THANK YOU VERY MUCH. WE'VE VERY MUCH APPRECIATED. UH, WE'RE GONNA TAKE A FIVE MINUTE BREAK. SO IT IS FIVE 13, WE'RE GONNA COME BACK AT FIVE 18. BOARD OF ADJUSTMENT PANEL A IS IN RECESS TILL FIVE 18. OKAY. THE BOARD OF ADJUSTMENT, UH, PANEL A, IT COMES BACK INTO SESSION AT 5:20 PM UH, OUR NEXT CASE IS BO A 2 5 0 0 0 0 5 9. THIS IS AT 7 1 8 1 GREENTREE LANE. UH, WE'RE GONNA DO A BRIEF BRIEFING, UH, AND THEN AFTER THAT WE'LL GO INTO THE PUBLIC HEARING. SO MS. BOARD ADMINISTRATOR WHO'S BRIEFING US ON FIVE NINE, MR. THOMPSON WILL BRIEF BILL A 2 5 0 0 0 0 5 9 AT 7 1 8 1 GREENTREE, MR. THOMPSON. ALRIGHT, GOOD AFTERNOON. UH, BO OH 8 2 5 9. I SEE RED. THIS IS THE OLD PRESENTATION. OH, OKAY, GOOD. THAT'S THE NEW ONE THAT HAS THE RED AND GREEN. ALL THE ONES IN THE PREVIOUS, THEY JUST HAD READ, UH, PLANNING AND DEVELOPMENT PRIMARY METRICS OF 53 DAYS. 60TH RED, UH, NORTH OF DOW GREEN, SOUTH OF EAST MOCKINGBIRD, EAST OF FISHER ROAD AND WEST OF HILL GREEN, UH, AREA MAP TO THE LEFT, UH, ZONING MAP TO THE RIGHT, IT IS ON OR ONE ONE HALF ACRE. UH, THERE WERE PROPERTY OWNERS NOTIFIED AND WE HAVE SOME IN OPPOSITION AND SOME SUPPORT. AND THOSE ARE THE LETTERS THAT WE HAVE. WE ALSO HAVE SOME SPEAKERS HERE TODAY. HOLD ON, LET ME PUT THIS ON. NOW. THIS IS COMBINATION OF WHAT YOU'VE RECEIVED PREVIOUSLY AND NOW, UH, THIS PREVIOUS. THIS PREVIOUS, YES. OKAY. ONE SECOND. OKAY. THERE'S A LOT MORE NOS IN THIS YELLOW ENVELOPE HERE, BUT, OKAY. AND THEN WE HAVE, UM, THE REQUEST. SO THE REQUEST WAS UPDATED, UM, TO, UH, REFLECT THE 10 FOOT SIDE, YOUR SETBACK. SO THE APPLICANT PROPOSED TO, UH, CONSTRUCT AND MAINTAIN AN ACCESSORY STRUCTURE AND PROVIDE A TWO FOOT SIDE. YOUR SETBACK WOULD REQUIRE EIGHT FOOT SPECIAL EXCEPTION TO THE, UH, SIDE YARD SETBACK, RE RE REGULATION TO PRESERVE AN EXISTING TREE. AND, UH, INITIALLY WE HAD ISSUES WITH THE, UH, POSTING OF THE SIGN, SPOKE WITH THE APPLICANT, THEY APPLIED, THEY MOVED THE SIGN ACCORDINGLY. AND EVER SINCE THIS DATE, WE HAVE NOT HAD ANY ISSUES WITH THE SIGNAGE, UM, NONCOMPLIANCE. [04:15:01] UM, SO COMPLIANT WOULD BE A TWO FEET NONCOMPLIANT WITH THE TWO. MAKE SURE I SAY THAT CORRECTLY. COMPLIANCE WILL BE AT 10 FEET NON-COMPLIANT TO, AND THIS IS, UM, ASSESSOR STRUCTURE THAT IS OUTSIDE CITY. UM, THEY ARE, THIS WAS ALREADY BUILT, UH, SUBJECT SITE. I JUST KIND OF WENT THROUGH THE PHOTOS REAL QUICK. WELDING PROPERTIES. UH, THIS IS THE EAST PROPERTY LINE. UM, TRYING TO HIGHLIGHT THE AREA OF THE REQUEST. UH, YOU CAN'T SEE IT BEHIND THE, UH, UH, NEIGHBOR FENCE, THE GATE THAT YOU GATE, BUT, UH, THIS TREE IS THE TREE TRYING TO BE CONCERNED. DO YOU WANT THE VIDEO? YES. OKAY. WELL ACTUALLY NOT BECAUSE I THINK, UM, DOES THE BOARD NEED THE VIDEO? WE'RE NOT TALKING ABOUT, WE'RE TALKING ABOUT A TREE IN THE BACKYARD AND FENCING AND ADJACENCY. SO NO, UM, LEGAL STATEMENTS OR REVIEW. AND THEN THE, UH, THIS IS THE SPEC EXCEPT, UH, OUR CHIEF PROVIDE, UH, COMMENT AND IN SUMMARY OF TREAT, WORTHY OF PRESERVATION AND THE POLL PLACEMENT UNDER THE STRUCTURE TO PROTECT THE INTEGRITY OF THE TRUTH AND READ IT ALL. BUT THAT'S THE SUMMARY. UH, THAT CONCLUDES BO EIGHT DASH TWO FIVE DASH FIVE NINE AND THAT'S THE BRIEFING. THANK YOU VERY MUCH. QUESTIONS FOR THE STAFF? SO THIS IS A HOLDOVER FROM LAST MONTH. UM, UH, I THINK WE NEED TO HEAR FROM THE APPLICANT AND ANYONE ELSE THAT'S SPEAKING. UH, MS. BOARD, SECRETARY, WHAT SPEAKERS DO WE HAVE REGISTERED? WE HAVE THE APPLICANT, MR. FISHER AND TWO OTHER SPEAKERS. OKAY. WAIT, THE APPLICANT IS MR. FISHER. IS THAT WHO'S REGISTERED TO SPEAK? MR. SPEAKER? I MEAN MR. FISHER. YEP. YEAH. TWO OTHER, UM, SPEAKERS IN FAVOR OR IN OPPOSITION IN FAVOR? THERE'S NO ONE REGISTERED TO SPEAK IN OPPOSITION? CORRECT. OKAY. WAIT. OH, I'M SORRY MR. OKAY, LET'S START OVER. I'M SORRY. WHAT SPEAKERS DO WE HAVE? MARQUITO WHAT SPEAKERS DO WE HAVE FOR 2 5 0 0 0 0 5 9 PLEASE? UM, OKAY. TWO IN SUPPORT, ONE IN OPPOSITION, TWO IN SUPPORT, AND ONE IN OPPOSITION? CORRECT. OKAY. UH, AND ONE OF THE TWO, ONE OF THE TWO SUPPORTS IS THE APPLICANT, RIGHT? SO IT'S ONE APPLICANT PLUS ONE ELSE. CORRECT. AND THEN ONE IN OPPOSITION, UH, AND ANOTHER ONE IT'S ONLINE IN SUPPORT OR IN OPPOSITION IN SUPPORT. OKAY. ALRIGHT. UH, IS THE APPLICANT HERE PLEASE COME FORWARD. OUR RULES OR PROCEDURE ARE SUCH THAT, UH, THE APPLICANT'S GIVEN FIVE MINUTES, PLUS OR MINUS TO ADDRESS TO THE BOARD. UM, THEN ANYONE ELSE IN FAVOR CAN SPEAK TO, UH, TO THAT, UH, AGAIN, FIVE MINUTES PLUS OR MINUS THAN ANYONE IN OPPOSITION. FIVE MINUTES PLUS OR MINUS. THEN THE APPLICANT GETS FIVE MINUTES. REBUTTAL, THE REBUTTAL IS IS FINNEY, THE OTHERS ARE PLUS OR MINUS. UM, SO THIS CASE WAS ORIGINALLY BRIEFED AND, AND CAME TO THE BOARD IN NOVEMBER OF LAST YEAR. WE HELD IT OVER ON A VOTE OF AFFORDED ZERO. UM, PROCEED. SIR, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN BOARD SECRETARY WILL SWEAR YOU IN A LITTLE BIT CLOSER TO THE MICROPHONE. PUSH THAT GREEN BUTTON ON. THANK YOU GEORGE. RYAN FISHER. THANK YOU. 71 81 GREENTREE LINE. DO YOU, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE PROCEED. THANK YOU ALL BOARD FOR, FOR BEING HERE TO HEAR ME. SPECIAL EXEMPTION. I APPRECIATE IT AND IT'S BEEN A LONG DAY, BUT THANK YOU FOR HEARING ME AND FOR THE TIME THAT YOU VOLUNTEERED TO, TO BE ON THE BOARD. I APPRECIATE IT. I'M THE HOMEOWNER, 71 81 GREENTREE. AND FIRST, LEMME TELL YOU WHY WE'RE HERE TODAY. SO WE SEEK A SPECIAL EXEMPTION TO, TO THE SIDE BACK. THIS, THE SIDE YARD SETBACK, TO PRESERVE A TREE. THE STRUCTURE IN REVIEW [04:20:01] IS A STRUCTURE WITH NO WALLS. IT'S LESS THAN 200 SQUARE FEET. IT'S BUILT ABOUT THREE INCHES AND, AND 1.6 INCHES FROM THE SIDE PROPERTY LINE. THE STRUCTURE WAS STRATEGICALLY PLACED BECAUSE WE HAVE A VERY LARGE LIVE OAK TREE, 4.4 FEET IN DIAMETER, UH, IN THE BACK TREE THAT WE HAVE DONE ALL WE CAN TO PRESERVE THE VERY LARGE TREE, SAVE A TREE. ARBORIST DIRECTED THE PLACEMENT OF THE STRUCTURE TO ENSURE THAT IT WOULD NOT HARM THE TREE'S ROOTS AND NOT, UH, ENFORCE BEING ABLE TO, UH, FORCIBLY REMOVE PART OF A TREE AND THEREFORE CAUSE A TREE TO BE HARMED IN A LONG TIME. UH, THE, THE ARBOR DIRECTED THAT PLACED IN THE STRUCTURE ANY CLOSER TO THE TREE WOULD SEVERELY IMPACT THE TREE'S ROOTS AND THE OVERARCHING LIMB THAT YOU'LL SEE IN A, IN A PHOTO MOMENTARILY. THE ARBORIST HERE AT THE CITY OF DALLAS, MR. MR. IRWIN, WHO I, I DON'T BELIEVE IS HERE TODAY, UH, HE CONFIRMED, UH, FROM IN IS SPEAKING IN NOVEMBER AND IN AN EMAIL TO ME THAT THE TREE MEETS THE CRITERIA FOR, FROM OBSTRUCTION, OBSTRUCTION AND NEEDS TO BE STRATEGICALLY PLACED TO AVOID THE TRUTH. ADDITIONALLY, THE CITY OF DALLAS DIRECTED THE COMPLETION OF THE STRUCTURE. UH, MET WITH THE CITY OF DALLAS FOUR TIMES, UH, THROUGH THIS PROCESS OVER THE PAST COUPLE YEARS. AND THEY SAID THIS, THE STRUCTURE WAS TOO SMALL TO BE PERMITTED, UH, BUT I COULD CONTINUE AS PLANNED AND AS DESIGNED. UH, AND SO WE DID YOU GO NEXT PAGE PLEASE. THANK YOU BOARD FOR YOUR BRIEFING, UH, TODAY AND IN NOVEMBER. AND I, I HEARD YOU AND WANT TO DIRECTLY RESPOND TO, TO YOUR QUESTIONS. FIRST IS, AS YOU THINK ABOUT THE THREE CRITERIA THAT YOU LOOK AT ON THE FIRST BEING THE SPECIAL EXEMPTION REQUIRED TO PRESERVE THE TRUTH, AS I JUST SAID, THE CITY OF DALLAS ARBORIST SAID IT'S WORTHY OF PRESERVATION. UH, THE REGISTERED ARBORIST DIRECTED IT, THE PLACEMENT OF THE STRUCTURE TO ENSURE WE DID NOT HARM THIS TREE. SECOND, IS THE STRUCTURE COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD. THE STRUCTURE IS A METAL ROOF STRUCTURE. IT'S CONSISTENT TO LOOK JUST AS THE METAL ROOF, METAL ROOF ACCENT ON OUR HOUSE LOOKS, AND CONSISTENT WITH THAT, ANOTHER METAL ROOF ACROSS THE NEIGHBORHOOD, 11 NEIGHBORS, INCLUDING A MEMBER OF THE NEIGHBORHOOD ASSOCIATION, SUBMITTED THEIR WRITTEN SUPPORTS IN SAYING THAT THIS DOES FIT IN CHARACTER WITH A NEIGHBORHOOD. THIRDLY, WILL SURROUNDING PROPERTIES BE ADVERSELY AFFECTED? 11 NEIGHBORS SUBMITTED THESE LETTERS SAYING THEY WILL NOT BE ADVERSELY IMPACTED. THE STRUCTURE IS BEHIND A PRIVACY FENCE AND WILL HAVE BAMBOO SURROUNDING IT SO THAT NEIGHBORS WILL NOT SEE IT. ANYWAY, GO TO THE NEXT SLIDE PLEASE. THIS IS AN AERIAL VIEW OF OUR NEIGHBORHOOD AS CONSTRUCTION HAS HAPPENED OVER TIME, OVER THE PAST THREE YEARS, AND WE LOOKED AT 2011, 2018, 2025. AS YOU CAN SEE, THROUGH CONSTRUCTION IN OUR NEIGHBORHOOD, TREES HAVE CONTINUED TO BE REMOVED. IF YOU GO TO THE NEXT PAGE, PLEASE, WE'VE TAKEN A CLOSER LOOK AT THE TREES REMOVED IN OUR NEIGHBORHOOD AND AS NEW CONSTRUCTION HAS COME ACROSS GREENCO, LARGE SIGNIFICANT TREES HAVE BEEN REMOVED. THE RED DOTS ARE THE TREES THAT HAVE BEEN REMOVED THROUGH THIS CONSTRUCTION PROCESS. AND AS YOU SEE, AS WE LOOK AT EACH OF THE PICTURES FROM LEFT TO RIGHT, AS YOU GET TO THE MOST CURRENT PICTURE IN 2025, SIGNIFICANT TREE REMOVAL HAVE OCCURRED BECAUSE OF CONSTRUCTION. AND THAT'S WHY WE TOOK A PRUDENT STEP IN TALKING TO ARBORISTS FERVENTLY TO MAKE SURE WE PRESERVE THIS TREE BECAUSE IT IS THE LANDMARK IN OUR BACKYARD. IT IS GREEN TREE LANE AND WE BELIEVE IT'S IMPORTANT TO PRESERVE THE TREES AS MUCH AS POSSIBLE AND WE DON'T WANT TO BUILD, BUILD ANY STRUCTURE THAT IMPEDE ON THE HEALTH OF TROOPS. NEXT PAGE, PLEASE. HERE'S A PICTURE OF THE SITUATION THAT IS, I JUST HOPE HELPFUL, UH, IN RESPONSE TO YOUR, YOUR QUESTIONS IN NOVEMBER. AS YOU CAN SEE, THIS IS THE TREE. UH, IT'S A VERY LARGE LIVE OAK AND AS I MENTIONED MR. IRWIN, IT DETERMINED THE TREE SHOULD BE PRESERVED. IT'S LARGE, ONE OF THE LARGEST I'VE SEEN. AND YOU CAN SEE THE STRUCTURE CAN'T REALLY BE LOCATED ANY CLOSER TO THE TREE, OTHERWISE IT WILL PROTRUDE THE LARGE LIMB. AND AS THE SAVE A TREE, ARBORISTS HAVE SAID THAT IF IT'S MOVED ON TOP OF THE TREE ANY CLOSER, THAT IT WILL HARM THE ROOTS AND FORCE REMOVAL OF THAT LARGE LIMB THAT WOULD THEN ROCK THE TREE. WE WENT THROUGH EXTENSIVE WORK WITH ARBORISTS WHO CAME OUT AND DUG THE ROOTS AND ACTUALLY LOOKED AT WHERE PLACEMENT COULD BE OF THE POSTS, UM, AND SAID IT HAS TO GO BACK CLOSER TO THE FENCE AND THE SETBACK, UH, FOR THE STRUCTURE TO BE BUILT AND NOT HARM THE TREE. AND SO THEREFORE THAT'S WHERE THE, THAT'S WHERE THE STRUCTURE WAS BUILT. NEXT PAGE PLEASE. [04:25:01] SO IN THE SECOND POINT IS, IS THE STRUCTURE COMPATIBLE WITH THE NEIGHBORHOOD. ON THE, ON THE LEFT SIDE, YOU SEE A PICTURE OF OUR MAIN HOUSE. AS YOU CAN SEE, IT HAS A METAL ROOF ACCENT. THIS IS THE SAME METAL ROOF THAT EXISTS ON THE TOP OF THIS STRUCTURE THAT WE'RE WE'RE TALKING ABOUT IN THE BACKYARD. THESE METAL ROOFS ARE CONSISTENT IN HOMES AND ACCESSORY STRUCTURES ACROSS THE NEIGHBORHOOD. AND IF YOU TALK TO THE NEIGHBORS, THEY HAVE COATS FROM THE LETTERS SUBMITTED TO THE BOARD THAT SAYS THIS IS CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD. THE FIRST QUOTE FROM MS. BUTLER, WHO IS A MEMBER OF THE NEIGHBORHOOD ASSOCIATION, THE THE GREEN CO REPRESENTATIVE OF WHITE ROCK NEIGHBORHOOD ASSOCIATION. I BELIEVE THE REQUESTED VARIANCE IS REASONABLE, WILL NOT ADVERSELY IMPACT NEIGHBORING PROPERTIES OR THE CHARACTER OF THE AREA. MS. ELLISON, WHO IS ACROSS THE STREET, I EXPRESSED MY SUPPORT FOR THE ZONING VARIANCE. THIS WILL ADD TO THE VALUE OF OUR COLLECTIVE NEIGHBORHOOD. 11 NEIGHBORS HAVE SUBMITTED THEIR LETTERS CONFIRMING THE STRUCTURES AND CHARACTER WITH THE NEIGHBORHOOD. NEXT VOTE. NEXT, REVIEW THE IMPACT ON SURROUNDING PROPERTIES. AS YOU CAN SEE, WE HAVE OVERWHELMING SUPPORT IN THE LEFT 11 NEIGHBORS THAT HAVE SAID, WE BELIEVE THIS WILL NOT ADVERSELY IMPACT NEIGHBORING PROPERTIES. 11 NEIGHBORS HAVE SAID THAT. ON THE RIGHT WE SEE A PICTURE OF THE STRUCTURE AS IT WILL BE COMPLETED, UH, UPON RULING. AS YOU CAN SEE, THE STRUCTURE WILL BE PAINTED BLACK AND BAMBOO. GREEN DEBRIS WILL BE PLANTED BEHIND IT, WHICH IS CONSISTENT WITH OTHER PARTS OF OUR YARD TO BLOCK IT FROM ANY NAB, ANY NEIGHBOR VISUAL. SO IN SUMMARY, YOU CAN SEE THAT IT'S MET THE THREE CRITERIA, THE VERY LARGE TREE IT SHOULD BE PRESERVED. THE NEIGHBORS HAVE SPOKEN THAT IT FITS WITH THE NEIGHBORHOOD AND THEY'VE SPOKEN THAT IT DOES NOT ADVERSELY IMPACT ANY NEIGHBORING PROPERTIES. YOU CAN GO TO THE NEXT PAGE, PLEASE. NEXT PAGE, PLEASE. LEMME PAUSE THERE AND SEE IF THERE'S ANY QUESTIONS. I WANNA MAKE SURE I'M ANSWERING ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU FOR YOUR COMMENTS. UH, NEXT, UH, WE WILL DO, WE'LL DO QUESTIONS AT THE END. OKAY. I'LL LISTEN TO EVERYONE FIRST. WHAT OTHER SPEAKERS IN FAVOR? MS. WILLIAMS? MR. NICHOLAS, CAN YOU PLEASE PROVIDE VIDEO AND AUDIO? LET ME SEE IF I CAN GET THIS WORKING. I IS THAT COMING? IS THAT COMING? YEAH, WE SEE YOU. OKAY, GREAT. YES, WE SEE YOU. WE HEAR YOU. CAN YOU SPLIT YOUR, CAN YOU STATE YOUR NAME AND ADDRESS AND I WILL SWEAR YOU IN? SURE THING. NICK LOSADA 71 69 GREENTREE LANE. OKAY. DO YOU, UM, SORRY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE PROCEED AS A, AS A RESIDENT, UH, TWO HOUSES SOUTH. UH, AND PLEASE LET ME KNOW IF THE PANEL CAN LOCATE MY LOCATION WHEN YOU'RE LOOKING AT YOUR MAPS. WE FOUND IT. OKAY. UH, AND BEEN A RESIDENT THERE FOR, FOR FIVE YEARS AND, AND BEING A OWNER OF, UH, A FEW DIFFERENT HOUSES AND BUILT SOME OF THE HOUSES, I, I CAN APPRECIATE, YOU KNOW, THE, THE SENSITIVITIES FOR TRYING TO KEEP THE TREES WHEN AT ALL POSSIBLE. THAT'S ACTUALLY MY BIGGER FOCUS. IF, IF I WERE TRYING TO BE, YOU KNOW, AS, AS IMPARTIAL FROM AN OBSERVER FROM THE EXTERNAL VIEW AND ESPECIALLY FROM THE STREET, WOULD BE TRYING TO KEEP AS MANY TREES AS POSSIBLE, HAD THE SAME ISSUE. UH, WITH OUR LOCATION, UH, WHERE WE BUILT, WE WENT THROUGH MANY DIFFERENT ARBORISTS TO TRY TO RETAIN AS MANY TREES AS WE CAN. IT'S A DIFFICULT THING. I HAD BUILT A HOUSE PREVIOUSLY IN THE M STREETS OF DALLAS, UH, WHERE WE HAD HAD, UH, WE'D HAD BAD ADVICE ON WHERE TO PUT A DRIVEWAY TO TRY TO AVOID A, A VERY LARGE PECAN TREE, WHICH ULTIMATELY ENDED UP DYING BECAUSE IT HAD CONCRETE TOO CLOSE TO IT. UH, SO DEFINITELY CAN BE SENSITIVE AND EMPATHETIC TO TRYING TO SAVE A TREE WHEN AT ALL POSSIBLE. UH, BUT FROM OUR PERSPECTIVE, WHEN WE WALKED THE, THE DOGS AROUND THE NEIGHBORHOOD AND WHAT WE CAN SEE FROM THE EXTERNAL VIEW, AND I DON'T, I'M NOT SURE IF THE PANEL HAS ANY VISIBILITY. IT, IT'S, IT'S NEXT TO IMPOSSIBLE FOR US TO SEE FROM THE STREET. I CAN APPRECIATE BETWEEN THE TWO NEIGHBORS, UM, THAT THERE OBVIOUSLY IS A VISIBILITY BETWEEN THE TWO AND THEY SHARE A FENCE. SO I, I CAN'T SPEAK TO EXACTLY WHAT THEIR PERSONAL VIEWS ARE BETWEEN THE TWO OF THEM. BUT IN TERMS OF WHAT WE CAN SEE AS NEIGHBORS FROM THE STREET, UH, IT'S, IT'S NEXT TO NEGLIGIBLE FROM WHAT WE CAN SEE. AND I WOULD BE, UH, I WOULD BE MORE UPSET IF WE HAD TO TAKE OUT ANOTHER [04:30:01] TREE IN THE AREA FOR UNNECESSARY REASONS. AGAIN, I'M NOT A SPECIALIST OR ARBORIST, UH, BUT IF THAT'S ADVICE FROM, IT SOUNDS LIKE WHAT I HEARD FROM THE BEGINNING OF, OF TWO SPECIALISTS TO TRY TO RETAIN THE TREE'S HEALTH THEN, UH, CERTAINLY IN FAVOR OF IT. THANK YOU FOR YOUR COMMENTS, SIR. AND IT, LET ME JUST VERY BRIEFLY MAKE SURE I IDENTIFY YOUR TWO HOUSES TO THE SOUTH OF THE SUBJECT PROPERTY. UH, I MIGHT, IT, LET ME THINK THROUGH THE COORDINATE. UH, I BELIEVE NORTH ACTUALLY. OKAY. WELL, 71 69 WHEN FACING THIS SUBJECT HOUSE YOUR TWO HOUSES TO THE RIGHT? THAT'S CORRECT. OKAY. VERY GOOD. AND UM, ALRIGHT, I'M JUST, JUST TRYING TO PINPOINT WHERE YOU ARE. YOU'RE NOT ADJACENT TO YOUR ONE FULL HOUSE AWAY FROM TWO FULL HOUSES AWAY FROM THE SUBJECT PROPERTY. UH, ONE FULL HOUSE, I BELIEVE WOULD BE CORRECT. OKAY. AND THEN I WOULD BE THE SECOND HOUSE. YEP. THANK YOU. THANKS. NOT THE ADJACENT HOUSE, UH, WAS PLANNING TO SPEAK IN THE NOVEMBER HEARING BUT WAS NOT ABLE TO BE HERE. UNDERSTOOD. THANK YOU. HE DOES HAVE A LETTER OF SUPPORT. OKAY. UM, MS. BOARD, SECRETARY, ANY OTHER SPEAKERS REGISTERED IN FAVOR? NO, THE SPEAKERS REGISTERED. HOW MANY SPEAKERS REGISTERED IN OPPOSITION? ONE. ONE. WOULD YOU CALL THAT SPEAKER MR. PETE MARKETOS? IF YOU'D GIVE US YOUR NAME AND ADDRESS, SIR. AND UM, THEN OUR BOARD SECRETARY WILL SWEAR YOU IN. YES. THANK YOU VERY MUCH. MY NAME IS PETE MARKETOS. MY ADDRESS IS 71 89 GREENTREE LANE IN DALLAS, TEXAS. THE NEXT DOOR NEIGHBOR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE CONTINUE. YOU'LL FORGIVE ME. I'VE BEEN SITTING HERE SINCE 1:00 PM I'M NOT TRYING TO BE A MARTYR, BUT IF THERE IS A BOTTLE OF WATER IN THE BUILDING, I WOULD, I WOULD KILL FOR IT. AND I'M VERY SORRY TO EVEN ASK, BUT I'VE ROAMED THE HALL AND, UH, COULDN'T FIND, FIND ONE. SO AT ANY RATE, IF MY, IF MY VOICE DROPS MR. UH, THE VOICE IS FINE, I APOLOGIZE FOR THAT. OKAY, THANK YOU. SO I'M, I'M THE NEXT DOOR NEIGHBOR. WHAT I WANTED TO, UH, ESTABLISH, AND I WAS HERE IN NOVEMBER AS WELL. AND THEN IT GOT RESET BECAUSE ORIGINALLY MR. FISHER, UH, UH, MARKED IT APPEAL AS A A THREE FOOT VARIANCE. IT'S, IT, IT'S IN FACT, UH, SIGNIFICANTLY MORE THAN THAT. THE EXCEPTION THAT HE'S ASKING FOR. UM, THIS, THIS STRUCTURE NEXT TO ME IS BUILT ON THE FENCE AND IT WAS JUST SO THAT EVERYBODY UNDERSTANDS. I WANNA MAKE SURE THAT WE'RE UNDER, 'CAUSE THIS QUESTION CAME UP IN NOVEMBER AND I'M SORRY TO, FOR THE WATER. I APOLOGIZE. KEEP GOING. ALRIGHT. THIS CAME UP IN NOVEMBER. THIS IS AN APPEAL BECAUSE THESE, THEY HAVE BEEN CITED, OKAY, FOR HAVING A STRUCTURE THAT THEY BUILT, WHICH THEY DID WITH THEIR ENTIRE BACKYARD WITHOUT SE SEEKING PERMITS FOR PERMISSION. SO THE CITY WENT OUT AND GAVE THEM A CITATION. THIS IS NOW AN APPEAL WHERE ALONG WITH THEIR APPEAL OF THAT CITATION, THEY'RE ASKING FOR A SPECIAL EXCEPTION. AND IT'S NOW ABOUT A TREE. OKAY? SO IF YOU LOOK IN ALL OF THE MATERIAL THAT WAS SUBMITTED, MR. FISHER JUST GOT UP HERE AND TOLD YOU THAT HE'S BEEN MEETING WITH ARBORISTS ABOUT THE SETBACK, ABOUT X, Y, AND Z AND HOW MANY OF THE PRIOR DISCUSSIONS THAT HE HAD WITH CITY OFFICIALS DID THE ISSUE OF A TREE EVER COME UP? THIS HAS NOTHING TO DO WITH THE TREE. THIS IS OVER A HALF ACRE OF A BACKYARD THAT HE'S GOT, HE CHOSE TO PUT, THERE'S A PICKLEBALL COURT. THERE ARE TWO LARGE STRUCTURES. ONE THAT IS AN OUTDOOR FIRE PIT AND ONE THAT IS AN OUTDOOR GRILL WITH STEEL COVERING THAT HE BUILT RIGHT ON THE FENCE. AND HE BUILT THEM THERE BECAUSE THAT'S WHERE THEY WANTED THEM. THERE IS ROOM, IF YOU LOOK ON THE APPLICANT'S APPLICATION, THERE'S A PLA OF HIS BACKYARD. THERE IS ROOM ALL OVER THIS YARD TO PUT A OUTDOOR KITCHEN, A COVER OR WHAT HAVE YOU. I INCLUDED A COMMUNICATION THAT I HAD WITH MR. FISHER, AND THIS HAS BEEN, HE HAS BEEN DOING, GOING, GOING BACK ALMOST TWO YEARS. AND IF YOU LOOK IN THE FILE, THERE'S A, A, UH, AN EMAIL THAT I INCLUDED FROM JULY OF 2024. THANK YOU. THIS IS FROM JULY OF 2024. MR. IF YOU WOULD SCROLL DOWN, SIR. I LET MR. FISHER KNOW. I'LL LET THE NEIGHBORS KNOW REPEATEDLY THAT THEY WERE BUILDING IN THE SETBACK. AND IT'S A LARGE SETBACK. THESE ARE HALF ACRE LOTS. AND, UM, I HAVE, I HAVE TWO LOTS. UH, SO IT'S AN ACRE. AND HE SAID THE TWO ACCESSORY STRUCTURES ARE WITHIN CODE CODE COMPLIANCE CONTINUED, UH, [04:35:01] CONFIRMED BY THE CODE. FOR, FOR US. HE CONTINUED TO SAY THAT IT WAS WITHIN CODE. I RESPONDED TO HIM, I RESPONDED TO HIM. I COPIED THE CITY OF DALLAS'S FAPS. I PROVIDED HIM THE INFORMATION THAT IF YOU PUT A PATIO COVER, IT CANNOT BE IN THE SIDE YARD SETBACK. AND THAT IS IN THE FILE. AND I SUBMIT IT TO YOU. NOT A WORD FROM MR. FISHER ABOUT THE TREE. SO THIS IS IN JULY OF 2024. AFTER HE'S BUILT THIS STRUCTURE, THERE'S NEVER ANYTHING ABOUT, WE HAD AN ARBORIST OUT HERE. MR. FISHER JUST GOT UP AND MADE HIS PRESENTATION. IT'S ABOUT PRESERVING A TREE. WHERE IS THE INFORMATION FROM THE ARBORIST THAT HE SAID HE HAD THAT TOLD HIM NOT TO PUT IT, THAT HE HAD TO PUT THIS PROP UH, STRUCTURE IN THE SETBACK IN JULY OF 2024 AFTER HE HAD BUILT IT. HE DID NOT KNOW THERE WAS A SETBACK REQUIREMENT. AND HE'S PUTTING THAT IN WRITING. SO THIS IS AN AFTER THE FACT PRETEXT FOR WHY HE BUILT TWO STRUCTURES INCHES OFF THE FENCE LINE. AND IF THIS IS TO PASS, WHAT IT EFFECTIVELY TELLS YOU IS WE AS A NEIGHBORHOOD CAN DECIDE TO BUILD STRUCTURES WITHIN THE SETBACK WHEREVER WE WANT. SO LONG AS THERE'S A TREE THAT WE CAN POINT TO WITH OUTSIDE OF THE SETBACK AND SAY, HEY, IF WE PUT THE STRUCTURE ON TOP OF THAT TREE, IT WOULD HARM THAT TREE. WELL, NO KIDDING. PUT IT SOMEWHERE ELSE. OKAY. THE, THE, JUST THE FACT THAT THERE'S A TREE IN EXISTENCE. I HAVE FOUR TREES IN MY BACKYARD, THAT DOES NOT MEAN IF THERE'S A TREE IN MY BACKYARD THAT I CAN NOW GO AND BUILD RIGHT UP AGAINST THE FENCE LINE OF MY NEIGHBORS AND SAY, IF I HAVE TO MOVE THIS IN THE SETBACK, I'LL HAVE TO MOVE THE TREE. THAT'S NOT HOW IT WORKS. THIS IS NOT AN EXCEPTION TO PRESERVE A TREE, TO, TO PRESERVE A TREE PART. WITH, WITH WITH MANUFACTURING, THERE ARE LETTERS, MULTIPLE LETTERS THAT HAVE BEEN SUBMITTED IN OPPOSITION. AND IF YOU WOULD NOTICE, UH, I'LL, I'LL TELL THE MEMBERS OF THE OF THE BOARD THERE, ALL THE, ALL THE NEIGHBORS BECAUSE THE STREET DEAD END GOING IN MY DIRECTION. OKAY. SO FROM FROM MR. FISHER'S HOUSE PAST MY HOUSE, IT DEAD END. ALL THE NEIGHBORS WHO HAVE TO DRIVE PAST THE STRUCTURE ARE SUBMITTING THE OPPOSITION. WHAT HE DID DO IS MRS. FISHER WENT DOOR TO DOOR AND TOLD THE NEIGHBORS THAT THEY NEEDED AN EXCEPTION TO PRESERVE A TREE. WHO'S GONNA SAY NO TO THAT? AND SO THERE ARE A NUMBER OF FORM LETTERS THAT HAVE BEEN SUBMITTED. AND MR. FISHER, 11 TIMES HE DIDN'T COME TO MY HOUSE AND TELL ME THAT I'M NEXT DOOR. HOW COME HE DIDN'T SEEK MY SUPPORT TO, TO PRESERVE A TREE? BECAUSE HE KNOWS THAT I KNOW IT'S NOT ABOUT PRESERVING TREE. SO HE TOOK FORM LETTERS TO A BUNCH OF OTHER UNWITTING NEIGHBORS AND YOU JUST HEARD TESTIMONY FROM SOME, UH, GENTLEMAN, TWO HOUSES DOWN. HE'S RIGHT. OF COURSE WE DON'T WANT TO CUT DOWN TREES. YOU DON'T GET TO BUILD STRUCTURES INSIDE THE SETBACK. ONE INCH OFF, TWO INCHES OFF OF THE FENCE LINE AND THEN SAY AFTER THE FACT, WELL, THERE'S A TREE HERE. WOULD YOU VERY QUICKLY, SIR, SWITCH TO THE PHOTOS? YES. I JUST WANT YOU TO SEE WHAT, WHAT THIS LOOKS LIKE. SO THIS IS THE, IT FIRST CAME UP AND IF YOU LOOK AT THE VERY TOP PHOTO, WHEN THE PEOPLE YOU CAN SEE THEN WHEN THEY'RE BUILDING, IF YOU SCROLL DOWN, THEY'RE SITTING ON THE FENCE BETWEEN, THERE'S SUPPOSED TO BE A BIG SETBACK. IF YOU'LL SCROLL UP, SCROLL DOWN FOR JUST ONE. THERE YOU GO. THIS IS WHEN IT FIRST CAME TO OUR ATTENTION, THEY WERE SITTING ON THE FENCE SOLDERING TO PUT UP THIS STRUCTURE. AND THIS IS WHEN IT WHAT INITIATED MY CONVERSATIONS WITH MR. FISHER. SO I TRIED VERY RESPECTFULLY AND REPEATEDLY, THE FIRST THING I ASKED HIM TO DO WAS TO CONTACT A REALTOR SO THAT HE WOULD UNDERSTAND THAT IT WAS GOING TO AFFECT THE VALUE OF MY PROPERTY. I TOLD HIM THAT THAT WAS THE FIRST THING. AND THAT'S IN THE TEXT MESSAGE THAT WE EXCHANGED. I TOLD HIM AGAIN, YOU'RE IN THE SETBACK. AND HIS RESPONSE TO ME WAS, IT'S ON OUR PROPERTY, PETE. THE STRUCTURES AREN'T COMING DOWN. EVERY STRUCTURE THAT IS BUILT ON SOMEONE'S PROPERTY IN VIOLATION OF THE SETBACK IS ON THAT PERSON'S PROPERTY. THEIR SETBACKS EXIST FOR THE NEIGHBORS. AND THESE ARE WIDE LOTS WE'VE SPENT RESPECTFULLY, AND I DON'T MEAN TO SAY THIS IN A PUBLIC HEARING, BUT THESE ARE, YOU KNOW, MILLIONS OF DOLLARS. UH, AND, AND, AND YOU KNOW, EVERYONE ELSE ADHERES TO THE SETBACK. HE DIDN'T PRESENT ONE EXAMPLE IN THE ENTIRE 50 HOMES WHERE THERE'S A SIDE YARD VARIANCE FOR IN A STRUCTURE LIKE THIS. SO THE CRITERIA FIRST, I DON'T BELIEVE IT IS TO PRESERVE A TREE. I THINK THIS IS AN APPEAL OF A CITATION. AND HE [04:40:01] DOESN'T WANNA MOVE THE STRUCTURE SOMEWHERE ELSE ON HIS LOT OR REMOVE THE ROOF. HE JUST DOESN'T WANT TO DO IT. SO I DON'T BELIEVE IT IS TO PRESERVE A TREE RESPECTFULLY. I THINK THAT'S A PRETEXT. AND I THINK YOU CAN TELL THAT FROM THE PRIOR COMMUNICATIONS THAT HE HAD, INCLUDING WITH THE CITY, WHEN THEY CITED HIM, HE SAID HE WAS GONNA MOVE IT. HE DIDN'T SAY, AND THAT'S IN THE MATERIALS I SUBMITTED TO YOU. HE, HE, HE, UH, IN, IN MY MY LETTER OF RESPONSE, I INCLUDED THE CITY'S RESPONSE. HE TOLD THE CITY THAT HE WAS GOING TO MOVE IT AND NOW HE'S SAYING THERE'S A TRADE. OKAY. UH, IT'S ACTUALLY IN MY LETTER OF OPPOSITION, SIR. I INCLUDED, UM, IN NOVEMBER OF, UH, WHICH I, I SUBMITTED AGAIN THIS MORNING, UH, IN THE LETTER OF OPPOSITION. YOU NEED TO, YOU NEED TO WRAP UP. YES SIR. THANK YOU. SO THAT'S, THAT'S ALL I'LL SAY AT THIS POINT. THERE ARE MULTIPLE LETTERS OF OPPOSITION THAT ATTEST TO THE VALUE OF THE PROPERTY. I CAN ATTEST THAT MY PROPERTY WILL BE ADVERSELY AFFECTED. AND, AND, UM, I RESPECTFULLY REQUEST THAT YOU DENY THIS APPLICATION. THANK YOU. THANK YOU MR. FISHER. YOU'RE ALLOWED A REBUTTAL. THANK YOU FOR SHARING THOSE COMMENTS. AND I DO NOT LIKE THAT WE ARE HERE AS NEIGHBOR HAVING DISCUSSIONS LIKE THIS. AND WE COULDN'T, COULDN'T SOLVE IT IN, IN MORE OF AN AMICABLE MANNER IN, IN, IN RESPONSES. I THINK THE MAIN PREMISES THE STRUCTURE IS, IS NOT THERE FOR THIS TREE THOUGH. BUT, WELL, WHAT MR. MECADO DOESN'T KNOW IS SAVE A TREE. I HAVE BUILT THAT PROVE SAVE A TREE CAME OUT AND CONSULTED THROUGHOUT THE ENTIRE CONSULTING PROJECT. AND THERE'S BEEN A LETTER SUBMITTED FROM THEIR CHIEF ARBORIST TO THE BOARD STATING THAT THEY'VE BEEN INVOLVED, THEY DIRECTED EXACTLY WHERE TO PLACE THE STRUCTURE SO THAT IT WOULD NOT HARM THE TREE EXACTLY WHERE THE FOOTINGS COULD GO, EXACTLY WHERE THE ROOF COULD GO. AND THE ACTUAL REGIONAL SUPERVISOR OF SAVE A TREE CAME OUT TO THIS. I DO NOT WANT ANY HARM COMING TO THE TREE. IT IS SO MAGNIFICENT. I WANT TO BE THERE TO MAKE SURE THAT THINGS ARE DONE IN THE RIGHT WAY. SO THE REASON THAT THE, THE STRUCTURE IS WHERE IT IS, IS BECAUSE THE SAVE A TREE ARBORIST DIRECTED, THAT'S WHERE IT NEEDS TO GO. THE SECOND IS, IS I WANNA SAY IS, IS MS. MEOS BELIEVE IT AFFECTS NEIGHBORING PROPERTIES. I HAVE COMMENTS FROM 11 NEIGHBORS SAYING IT DOES NOT ACTUALLY SAYING IT DOES IMPROVE THE VALUE OF PROPERTIES. REALTOR KYLE BRINKLEY SAYS IT'S GONNA IMPROVE THE VALUE OF MY PROPERTY, THEREFORE IMPROVE, IMPROVE THE VALUE OF ALL PROPERTY, MAKE IT, UH, IN THE SURROUNDING AREA. NEXT IS ONE I I DEFINITELY NOT HEARING IS THAT I'VE, I'VE CHANGED MY STORY. SO I'VE, I'VE NEVER MADE A COMMENT THAT I WOULD REMOVE THE STRUCTURE BECAUSE I HAVE BEEN TOLD MULTIPLE TIMES FROM THE CITY TO COMPLETE THE PROJECT. AND I CAN GO THROUGH THOSE AND THE SLIDE AND TELL YOU. BUT I TALKED TO THEM STELLA GONZALEZ, AUGUST 5TH, 24 ONG, KU NOVEMBER 14TH, 24, BRANDI MCKENZIE, DECEMBER 16TH, 2024. MARIA NAVIA, SENIOR PLANS EXAMINER IN JANUARY 27TH, 2025 SAYING THE STRUCTURE IS TOO SMALL AND YOU MAY CONTINUE AS THE DESIGNS LAID OUT. AND WHEN THE INSPECTOR HAD CAME TO THE HOUSE, HE SAID, YOU DON'T NEED TO REMOVE IT, JUST, YOU NEED TO APPLY FOR THE SPECIAL EXEMPTION AND TALK TO THE BOARD ABOUT IT AND THEN DECIDE THERE'S BEEN NO DIRECTION THAT I NEEDED TO REMOVE THE STRUCTURE. THIS IS, IT'S BEEN LIKE, IT'S THERE FOR THE TREE AND YOU DON'T NEED TO REMOVE IT. AND IN, IN DISCUSSIONS WITH MR. MARKETOS, I, AND, AND I WANT TO, YOU KNOW, IT'S NOT SAYING IT IS WHAT IT IS. I WANNA FIND A, A MIDDLE GROUND. AND THAT'S WHY I SHOWED YOU THE PICTURE WHERE THERE IS GREENERY COVERING IT SO NO ONE CAN SEE IT. UH, I'VE OFFERED TO PAY FOR A NEW FENCE, UH, THAT WE COULD BE HAPPY WITH. THREE TIMES THAT HAS BEEN DECLINED. I WANNA FIND MIDDLE GROUND TO BE ABLE TO MAKE THIS WORK. AND I'LL PAUSE THERE UNLESS YOU ASK ANY QUESTIONS. THANK YOU FOR YOUR COMMENTS AND REBUTTAL QUESTIONS FOR THE APPLICANT. MS. HAYDEN. SO I I IT SOUNDS LIKE YOU DIDN'T GET A PERMIT FOR THE CONSTRUCTION OR YOU DID GET A PERMIT OR HOW DID, HOW, HOW DID THAT WORK? YES, SO LEMME EXPLAIN. SO WE HAD A BUILDER THAT STARTED TO BUILD THESE, THE STRUCTURE AND IN OUR, OUR HOUSE AND ENSURED ME THAT HE HAD COVERED EVERYTHING WITH THE CITY. WHEN I ASKED HIM, ASKED THEM, DO WE NEED, YOU KNOW, YOU'RE BUILDING IT WHERE IT IS, I WANNA MAKE SURE EVERYTHING IS PERMITTED, WHERE HE SAID YES, YES. HE EVEN SENT ME AN EMAIL FROM THE CITY SAYING, NO, IT'S NOT THE SIZE THAT IT NEEDS TO BE, BE PERMANENT. SO HE DIDN'T, [04:45:01] HE CAN, HE SWORE TO ME THAT IT NEEDED TO BE PERMITTED. IT DIDN'T. WE HAVE SINCE FIRED THAT CONTRACTOR BECAUSE OF OTHER ASPECTS OF SOME NOT PAYING HIS SUBORDINATES WORKERS AND TEARING OUT THE BACK OF HER HOUSE WITHOUT HER PERMISSION. SO HE IS BEEN, HE IS BEEN FIRED. AND THAT'S WHEN, THAT'S WHEN I STARTED WAS LIKE, I, I I DON'T TRUST WHAT HE DID. I NEED TO GO TALK TO THE CITY MYSELF. AND THAT'S WHERE I STARTED HAVING ALL THESE CONVERSATIONS JUST MYSELF FOR THE CITY. 'CAUSE HE WAS INSURING ME THAT EVERYTHING WAS TAKEN CARE OF WITH THE CITY. UH, AND THAT'S WHEN I FOUND OUT, YES, HE DID HAVE A CONVERSATION AND ONE PART OF THE CITY TOLD HIM, YOU DON'T NEED A PERMIT BECAUSE IT'S BELOW THE 200 SQUARE FEET. UM, AND THAT'S WHEN I KEPT HAVING CONVERSATIONS AND THE CITY SAID, WE CAN'T PERMIT IT. UH, CONTINUE HIS POINT. AND YOU HAVE A RECORD OF ALL OF THAT, THAT EMAILS THAT THE CITY SAID THAT YOU DIDN'T HAVE TO PERMIT IT? I, I DO, YES. OKAY. AND THEN AL ALSO, YOUR NEIGHBOR, UM, BROUGHT IT TO YOUR ATTENTION THAT IT WAS WITHIN THE SETBACK. AND AT WHAT POINT DID THAT HAPPEN? I DON'T RECALL. 2024 TIMELINE. I MEAN THAT, AND THAT'S WHEN I SAID, LOOK, I, MY IT, IT'S, I I TALKED TO MY CONTRACTOR AND HE SAID HE WAS HANDLING IT WITH THE OKAY, BUT YOUR NEIGHBOR BROUGHT IT TO YOUR ATTENTION. AND THAT WAS DURING THE CONSTRUCTION EARLY. I'M ASSUMING THAT THAT'S AFTER THE, WHEN HE SAW THAT IT WAS UP YEAH, AFTER THE STRUCTURES WENT. YES. OTHER QUESTIONS FOR THE APPLICANT? UH, I HAVE A QUE. SO, UH, MS. HAYDEN ASKED YOU IF IT WAS PERMANENT OR NOT. YOU SAID IT WAS NOT. YOU SAID IT WAS YOUR CONTRACTOR'S FAULT. WE SAY OVER AND OVER AGAIN, CONTRACTOR'S NEVER AT FAULT. IT'S THE OWNER, THE OWNER'S RESPONSIBLE, START TO FINISH. UM, I MAPPED OUT THE YAYS AND NAYS AND I DO THIS IN EVERY CASE. AND IT IS PRETTY DEMONSTRATIVE THAT THOSE THAT ARE TO THE, THOSE THAT ARE TO THE LEFT OF YOUR HOME ARE ALL NOS. THOSE THAT ARE TO THE RIGHT OF YOU FACING YOUR HOUSE ARE YESES. AND IT'S KIND OF INTERESTING THAT THAT'S THE CASE. IT'S INTERESTING TO ME ALSO THAT, UM, THOSE THAT ARE IN LINE OF SIGHT OF THE FENCE LINE AND THIS ARE THE NOS AND ALL THE OTHER PEOPLE ARE YESES. CAN YOU EXPLAIN WHY THESE WILL ALL BE NOS? AND THESE ARE ALL YESES. AND THE REASON WHY I ASK THAT IS OUR CRITERIA, SIR, AND I READ IT AND IT'S REDUNDANT, BUT THAT'S WHAT IT IS, IS UH, THIS REQUESTED SPECIAL EXCEPTION IS COMPATIBLE WITH A CHARACTER OF THE NEIGHBORHOOD AND THE VALUE OF THE SURROUNDING PROPERTIES WILL NOT BE ADVERSELY AFFECTED. THAT'S OUR CRITERIA. WELL, FIRST, MR. MARKETO'S PROPERTY IS THE ONLY PROPERTY THAT CAN SEE IT. WHAT MR. MARKETO'S PROPERTY IS THE ONLY PROPERTY THAT CAN SEE THE STRUCTURE. IT IS NOT VISIBLE FROM THE STREET. AND THERE'S, THERE'S NO OTHER PROPERTY. UH, YES, WE SAW IT IN THE VIDEO. I THOUGHT I REMEMBER LAST MONTH WE SAW THE VIDEO AND LOOKING BACK. BUT GO AHEAD AND, AND REGARDLESS IT WILL BE SURROUNDED BY BAMBOO AND NO, NO ONE WOULD BE ABLE TO SEE ANYTHING BUT THE GREENERY. BUT BACK TO MY QUESTION, WHY DO YOU THINK ALL THE NEIGHBORS TO ONE SIDE OF YOUR HOUSE ARE AGAINST ALL THE NEIGHBORS? THE OTHER SIDE OF YOUR HOUSE ARE FOUR. THAT'S INTERESTING. IT'S INTERESTING. I I, I, I DON'T KNOW. I DON'T KNOW. I DON'T KNOW ALL THOSE NEIGHBORS. I DIDN'T TALK TO THEM ALL. OKAY. I CAN ONLY SAY WHO I, I JUST, I TALKED TO THOSE JUST IN THE SURROUNDING AREA RIGHT THERE. AND I DO HAVE SUPPORT FROM THE DIRECT TWO THAT ARE ACROSS THE STREET FROM THE HOUSE. OKAY. DID YOU HAVE, WHEN YOU BUILT BOTH OF THESE, WHAT ARE THEY CALLED? WHAT ARE THESE STRUCTURES CALLED? IT'S JUST A ROOF STRUCTURE. NO, IT'S NOT A ROOF STRUCTURE. IT'S A ACCESSORY STRUCTURE OR SOMETHING. IT, WELL, BUT IT'S A RA OR WHAT IS IT? IT'S A, IT'S A, IT'S WHAT? A PERGOLA. OKAY. I DON'T KNOW WHAT THAT MEANS. WHEN YOU BUILT THEM, DID YOU REALIZE THEY WERE TOWERING OVER THE FENCE? UH, ONCE THE CONTRACTOR PUT 'EM UP? YES. AND THAT'S WHEN I MADE SURE THAT HE WAS TALKING TO THE CITY ABOUT IT. UH, THE INSURED NO, YOU DIDN'T ANSWER MY QUESTION. WERE YOU AWARE THEN WHEN YOU BUILT THESE TWO IT'D BE TOWERING OVER THE FENCE? AT THE FENCE LINE TO, TO BE CLEAR, IT'S NOT TOWERING OVER THE FENCE, SO, OKAY. IT'S A FOOT OVER THE FENCE. IT'S A FOOT OVER THE FENCE. OKAY. A FOOT OVER THE FENCE? YES. AT THE FENCE LINE. WELL, TO BE CLEAR ON THE STRAIGHT, NO, NOT AT THE FENCE LINE. SO IT IS EXACTLY, I DID MY PRESENTATION ENOUGH. I THAT'S FINE. I'M, WAIT, WELL JUST, I WANNA, I DO WANNA CLARIFY THAT. SO IT IS THREE POINT, I'M, I'M LOOKING AT WHAT YOU SUBMITTED TO US. 3.16 INCHES. SO THE FENCE LINE IS ON MY THREE INCHES. OKAY. NO FEET, THREE FEET, 1.6 INCHES. I'M LOOKING AT, I'M LOOKING AT YOUR, THE, THE PLANS THAT YOU SUBMITTED MM-HMM . AND IT'S RIGHT THERE ON THE FENCE LINE. BOTH OF THEM. IT'S, SO IT IS ONE FOOT 10 INCHES FROM THE FENCE LINE. AND THE FENCE LINE IS ON MY PROPERTY ONE FOOT. AND THAT'S INSIDE THE EIGHT FOOT SETBACK, RIGHT? IT'S INSIDE THE SETBACK. YES. BUT I'M JUST TELLING YOU THE FENCE IS ON MY PROPERTY BY ONE FOOT AND 3.6. I HEAR YOU. [04:50:01] BUT THIS, THIS PERGOLA, WHATEVER WE'RE CALLING IT, IT'S IN A SEVEN, TWO OF THEM RIGHT ADJACENT TO THE FENCE? YES. THE, A FOOT OVER THE FENCE HEIGHT? YEAH, THE, THE, THE SECOND ONE IS PERMITTED AND APPROVED. OKAY. SO YOU KNEW TO PERMIT ONE BUT NOT THE OTHER. THAT, THAT'S WHEN I WENT TO BOTH AND THEY SAID WE CAN'T PERMIT BOTH BECAUSE THE ONE IN QUESTION TODAY IS TOO SMALL TO BE PERMITTED. OKAY. ALRIGHT. THANK YOU. QUESTIONS FOR THE APPLICANT, MR. MITZ? WELL, I'M NOT SURE WHO THIS QUESTION'S FOR, BUT I'M, I'M CONFUSED IF IT, WHETHER IT DOES NEED TO BE PERMITTED OR DOESN'T NEED TO BE PERMITTED. IT DOESN'T NEED TO BE PERMITTED. YEAH. SO I'M, I'M CONFUSED AS TO WHOLE ISSUE OF WHETHER IT NEEDED TO BE PERMITTED OR NOT. SO IT DID NEED TO BE PERMITTED AS IS UNDER 200 FEET, UM, SQUARE FEET. RIGHT. BUT IT'S ENCROACHING INTO THE SETBACK, WHICH IS WHY THEY'RE HERE. SO ALTHOUGH IT DID NEED A PERMIT BECAUSE OF THE SQUARE FOOTAGE, IT DOES ENCROACH INTO THE, UH, SETBACK. OKAY. NOT THE STRUCTURE, IT'S THE LOCATION OF THE STRUCTURE. CORRECT. AND SO WHAT WOULD, UM, PRIOR TO THIS BEING BUILT, WOULD HE, WHAT, WHAT WOULD HE HAVE BEEN ASKING FOR? THE SAME THING HE IS ASKING FOR TODAY? UH, VARIATION FROM THE SETBACK RULES IS THAT IF IT WASN'T IN THE SETBACK, HE WOULDN'T BE HERE TODAY. SO CAN YOU RESTATE YOUR QUESTION? I'M NOT SURE IF I FOLLOWED YOUR QUESTION. NO, I, I I THINK YOU'VE ANSWERED IT. OKAY. SO I DO HAVE A QUESTION FOR THE APPLICANT. YES SIR. UM, WOULD YOU PLEASE ADDRESS THE, UM, THE, THE STATEMENT THAT WAS MADE THAT YOU HAVE A LARGE YARD AND COULD HAVE PUT THIS IN OTHER PLACES. WOULD YOU ADDRESS THAT PLEASE? SURE, I CAN ADDRESS THAT. THE ONE I THINK WE'RE TALKING ABOUT, THE STRUCTURE WHERE IT IS, THE REASON IT WENT THERE IS SO BETWEEN, UM, WHERE THE STRUCTURE IS AND THE HOUSE IS THE TREE AND THERE'S NOWHERE ELSE TO PUT IT, I CANNOT PUT THE, THE STRUCTURE ANY CLOSER TO THE HOUSE BECAUSE THE TREE IMPEDES IT. THE OTHER OPTION. SO THAT'S, THAT'S THE OPTION. IF I THINK ABOUT LIKE, FROM WHERE IT IS TODAY TOWARDS THE HOUSE, LIKE IT, IT WOULD ANYWHERE ELSE WOULD IMPEDE THE TREE. THAT'S WHAT THE ARBOR SAID. 'CAUSE WE, WE WANTED TO PUT IT CLOSER TO THE HOUSE. SO IT'S MORE CONVENIENT. I MEAN, WHAT SITS UNDER IT IS A GRILL. THAT WOULD BE NICE IF IT WAS CLOSER. SHE SAID WE CAN'T PUT IT CLOSER 'CAUSE IT WILL IMPEDE, WE'LL IMPEDE THE TREE. THE OTHER OPTION IS TO PUT IT, MY HA MY BACKYARD SLANTS DOWN TOWARDS A CREEK IS TO PUT IT OUT AND AROUND. SO I HAVE TO WALK OUT AND GO DOWN AND AROUND TO GO USE A GRILL. AND THAT, THAT'S LIKE NOT EVEN BE ANYWHERE NEAR USABLE. SO THAT'S WHAT, AND THAT'S, SO IT NEEDED TO BE UP NEAR THE HOUSE AND THAT'S WHERE THE ARBORIST DIRECTED THAT IT GOES. SO IT DID NOT IMPACT THE TREE. SO THERE WAS ANOTHER PLACE YOU COULD HAVE PUT IT. I COULD HAVE PUT IT IN DIFFERENT PLACES AROUND THE YARD. YES. OKAY. THANK YOU. OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION. I'LL MAKE ONE IF NO ONE ELSE DOES. OKAY. UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A TWO FIVE DASH 0 0 0 0 5 9 ON APPLICATION OF GEORGE RYAN FISHER, THAT WE DENY THE EIGHT FOOT SPECIAL EXCEPTION TO THE MINIMUM, MINIMUM SIDE YARD SETBACK REGULATIONS TO PRESERVE AN EXISTING TO REQUEST BY THE APPLICANT WITHOUT PREJUDICE. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD NOT BE COMPATIBLE WITH THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD AND THE VALUE OF SURROUNDING PROPERTIES WOULD BE ADVERSELY AFFECTED. I SO MOVE. IS THERE A SECOND? SECOND. IT'S, IT'S BEEN MOVED BY CHAIRMAN NEWMAN, SECONDED BY MR. UH, KOVI. UM, IT DOESN'T MEET ANY OF OUR CRITERIA. OUR CRITERIA BEING, UH, CHARACTER OF THE NEIGHBORHOOD, VALUE OF SURROUNDING PROPERTIES AFFECTED. IT ENCROACHES A NEIGHBOR DIRECTLY OF THE PICTURES, THE SENSES. IT TOWERS OVER AN A FENCE. YOU COULD HAVE BUILT A, YOU COULD HAVE MAYBE GOTTEN AWAY WITH IT IF IT WAS BUILT SHORTER AND IT DIDN'T TOWER, BUT THAT WAS YOUR CHOICE. UM, I JUST DON'T BELIEVE YOU MADE THE BASIS FOR IT. MR. HOPKOS ASKED YOU THE QUESTION ABOUT WHERE YOU COULD PUT IT ELSEWHERE. I'M LOOKING AT YOUR SIDE PLAN HERE. YOU, YOU GOT A LOT OF THINGS GOING ON THERE, BUT THOSE ARE ALL YOUR CHOICES. IT'S YOUR CHOICES OF WHAT YOU HAVE GOING ON, WHAT SIZE YOU HAVE GOING ON AND WHERE YOU PUT THINGS. I'M GLAD YOU WANT US SAVE YOUR TREE AND I WANT YOU TO THAT IT'S NOT GONNA BE WITH THAT PERGOLA IN THAT LOCATION. AT LEAST THAT'S MY OPINION, DISCUSSION AND THE MOTION, I CONCUR WITH WHAT THE CHAIRMAN HAD TO SAY. UM, IT'S ENTIRELY YOUR CHOICE TO PUT THAT WHERE IT WAS. AND, UM, UH, SO, UM, I, THAT'S JUST THE [04:55:01] WAY IT IS. MAY I SPEAK? NOPE, I'M SORRY. WE'RE DONE. THE HEARING'S CLOSED. WE'RE, WE'RE IN IN MOTION FOR UH, A HERE, SO THANK YOU SIR. UH, DISCUSSION. ANOTHER DISCUSSION ON THE MOTION MS. HAYDEN. SO I AGREE, YOU KNOW, OF THE THREE CRITERIA, THE ONLY ONE I AGREE WITH IS THAT THE TREE IS WORTHY OF PRESERVATION. HOWEVER, UM, THE COMPATIBILITY WITH THE CHARACTER OF THE NEIGHBORHOOD AND THEN THE VALUE OF SURROUNDING PROPERTIES WILL NOT BE ADVERSELY EFFECTIVE. I DON'T THINK THAT WAS PROVEN TO BE TRUE. ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE, UH, BOARD SECRETARY WILL CALL THE VOTE. THE MOTION ON THE FLOOR IS TO DENY THE REQUEST FOR AN EIGHT FOOT SPECIAL EXCEPTION TO THE SIDE YARD SETBACK WITHOUT PREJUDICE. MS. HAYDEN? AYE. MR. OVITZ? AYE. MR. GO? AYE. MR. CHAIRMAN. AYE. MOTION TO DENY PASSES FOUR TO ZERO IN THE MATTER OF BO OA 2 5 0 0 0 0 5 9. THE BOARD UNANIMOUSLY VOTES 40 ZERO TO DENY THE REQUEST WITHOUT PREJUDICE. THANK YOU SIR. THANK YOU FOR ALL YOUR TIME. LAST CASE TO BE BRIEFED TODAY IS 2 5 0 0 0 6 4 AT 4 6 6 5 MEADOW DRIVE IS THE APPLICANT HERE. COME ON DOWN. JUST LIKE MON HALL USED TO SAY, COME ON DOWN. OKAY, SO WE NEED TO BRIEF THIS. YEP. WE NEED TO BRIEF THIS BEFOREHAND SO YOU CAN EITHER STAY STANDING OR WHATEVER. WE'RE GONNA DO A QUICK BRIEF, UM, THIS BOARD ADMINISTRATOR WHO'S BRIEFING US ON OUR LAST CASE, WHICH IS 64, MR. THOMPSON WILL BRIEF B 8 2 5 DASH 0 0 0 6 4. WHAT ARE YOU SHOOTING FOR? GRAND SLAM TODAY. 4 6 6 5 6 6. HOLY MOLY. START A NEW YEAR OFF, RIGHT? WHAT'D YOU SAY? CALL YOU A WHAT? STARTING THE NEW YEAR OFF? CORRECT. OKAY, GOOD. SIX FOR SIX. THANK YOU MS. BOARD ADMINISTRATOR. MR. THOMPSON. UH, BO OA DASH TWO FIVE DASH 0 0 0 6 4. UH, PLANNING AND DEVELOPMENT PRIMARY METRICS OF 53 DAYS, UH, NORTH OF PARK LANE, SOUTH OF WALNUT HILL EAST TO MIDWAY WEST OF INWOOD ROAD. OF SENDING AREA MAPS TO THE LEFT ZONE. MAP TO THE RIGHT IS ZONE ALL ONE ACRE. UM, PROPERTY OWNERS, UH, THIS IS A SPECIAL EXCEPTION. SO PREVIOUSLY THE REQUEST WAS FOR EIGHT FOOT, THE APPLICANT HAD REDUCED IT DOWN TO SIX FOOT 11 INCHES. UH, SO THE REQUEST WOULD BE FOR TWO FOOT 11 INCH SPECIAL EXCEPTION TO THE FENCE HEIGHT, UH, WAS PROPERLY NOTIFIED. UH, I DO WANT TO POINT OUT ON THE SITE PLAN, UH, SLIGHT VARIATION SO THAT THERE'S CLARITY AS TO UH, PREVIOUS PRESENTATION. HOLD ONE SECOND PLEASE. I NEEDED TO SIGN SOMETHING. SEND THAT BACK THIS WAY. ALRIGHT, YOU WERE ABOUT TO SHOW US A CHANGE. YES. SO PREVIOUSLY IT WAS UNCLEAR AS TO WHAT SECTION THE ELEVATIONS, UH, WERE ASSOCIATED WITH. SO IN THE, ALRIGHT, LET ME, I'M FLIPPING TO MY PAGE TO MATCH WHAT YOU HAVE UP. OKAY. OKAY, GO, GO AHEAD. SO IF YOU LOOK ON THE SCREEN E SECTION E OF THE, THIS SECTION OF THE TENNIS COURT FENCE. OKAY, WAYNE, A MINUTE I'M GONNA TURN MINE UP. SO I'M LOOKING AT THE DOCKET PAGE 1 29. SO I'M FLIPPING THE PAGE. OUR PIE SHAPE IS UPSIDE DOWN. OKAY, GO AHEAD. OKAY. A WILL BE THE FIRST SECTION OF THE, UH OH NOW. OKAY, NOW THIS IS BETTER. OKAY. ALRIGHT, GO AHEAD. A UH, B WILL BE THE NEXT SECTION C AND D. THE COLORS WILL ALSO CORRESPOND WITH THE FOLLOWING SLIDES AS WELL SO THAT EVERYONE WILL KIND OF BE ON THE SAME PAGE IF WE NEED TO GO BACK AND ASK ANY QUESTIONS. GOOD. OKAY. AND RED WILL REPRESENT A GATE OR AN AUTO ENTRY. SO THE SMALLER ONE WILL BE THE PEDESTRIAN ENTRY AND THE RED REPRESENTS THE AUTO. OKAY. SO THE RED IS BETWEEN THE D AND THE C. SO THERE'S ONE BETWEEN D AND C, WHICH IS THE AUTO. OKAY, I SEE THAT ONE AND THE OTHER ONE. AND THEN BETWEEN C AND B THERE'S A PEDESTRIAN. OH, HERE. OKAY, I SEE THAT. YEAH. SO THAT'S A GATE. AND THAT'S A GATE. OKAY. SO TRY TO MAKE THAT FOR CLARIFICATION FOR MOVING FORWARD. SO DID THE APPLICANT SUBMIT THIS AFTER THE LAST HEARING? I SUBMITTED THIS, YOU SUBMITTED THIS. I, I DID THIS SO THAT IT WOULD BE CLEARABLE. OKAY. THIS IS MS. BOARD ADMINISTRATOR. THIS IS MUCH CLEARER THAN THE, THE MUD WE HAD BEFORE. NOW I CAN DO A, B, C, AND D. THANK YOU. OKAY. SO THE FIRST SECTION IS AGAIN JUST IN THE LARGE OF THE PROPOSED SITE PLAN. UH, SO AGAIN, YOU CAN SEE WHERE THE A, B, C AND THE SAME THING WITH C, DE. UH, SO WITH THE ELEVATIONS, AGAIN, THIS IS KIND OF MORE IF WE WANT TO DISCUSS THOSE 3D ELEVATIONS. UH, BUT AGAIN, THIS IS THE FIRST SECTION WHICH DEAL WITH SECTION A. THE OTHER CLARIFICATION IS HIGHLIGHTED IS WHAT SECTION OF THE FENCE IS LIKE THIS ONE IS PURPLE, WHICH IS THE [05:00:01] TENNIS COURT, BUT THE HIGHEST LEVEL HERE IS SIX FEET, NINE INCHES. EVEN THOUGH THE, THE REQUEST IS FOR SIX FOOT 11 IN THIS SECTION OF THE FENCE, IT GETS NO HIGHER THAN SIX FOOT NINE INCHES. SO THEN WHY DO WE REFERENCE SIX 11? BECAUSE THE OVERALL REQUEST IS FOR A SIX FOOT 11. SO THERE ARE SOME SECTION OF THE FENCE THAT GET TO SIX FOOT 11. LAST TIME THERE WAS A POINT OF CONFUSION. AND SO SINCE THERE WAS A POINT OF CONFUSION, I WANTED TO HIGHLIGHT WHEN WE'RE IN THOSE SECTIONS, WHAT THE HIGHEST FOR THAT PARTICULAR SECTION. OKAY, SO SIX FOOT 11 IN TOTAL, BUT IN A, IT'S REALLY SIX FOOT NINE. THAT IS CORRECT. GO AHEAD. UH, SO FOR EXAMPLE HERE, UM, WHEN YOU'RE DEALING WITH SECTION B, THE HIGHEST POINT IS HIGHLIGHTED IN YELLOW, WHICH IS THE SIX FOOT 11. THERE ARE OTHER PORTIONS OF THE FENCE THAT DO NOT REACH SIX FOOT 11 SUCH AS THE GATE AND THE UH, STONE WALL, HOWEVER, JUST HIGHLIGHTING THAT PORTION OF IT. OKAY. SAME THING WITH SECTION C. SO SIX, 11 AND B IT'S SIX 11 AND SIX 11 TOTALITY. WHEREAS A WAS SIX NINE OF SIX 11. CORRECT. OKAY. NOW C, C SIMILAR. SO JUST NEXT AT SIX 11 AGAIN. YES. NEXT TO THE AUTO AND THEN HERE IT IS. WHAT ABOUT THE GATE WE PASSED? JUST A MINUTE. WHICH, WHICH GATE? THE GATE BETWEEN BETWEEN B AND C. SO THAT IS, AND I BLOW IT UP PLEASE. AH, GOTCHA. RIGHT. ISN'T THERE A GATE BETWEEN B AND C? YES. SO YOU CAN SEE THE GATE HERE WHERE YOU'RE CHRISTIAN. OKAY. YES. IT SAYS FIVE FOOT SOMETHING. FIVE FOOT SIX. FIVE FOOT SIX. OKAY. RUNNING ALONG. GOT IT. OKAY, NOW WE'RE IN C OR IT'S SIX 11 AGAIN. YES. AND THIS ONLY, LIKE FOR EXAMPLE HERE YOU HAVE FIVE FOOT SIX, THE STONEWALL IS SIX FOOT AND THE PORTION THAT IS SIX FOOT 11 IS THIS PORTION HERE. SO THE ENTIRE GATE ALONG, OR THE ENTIRE FENCE ALONG HERE IS NOT SIX FOOT 11, BUT THOSE, THAT PORTION THAT DID REACH IT, I WANTED TO MAKE SURE WE POINT OUT WHAT WAS SIX FOOT 11, WHAT'S NOT SIX FOOT 11. UM, SO THAT WE COULD VERIFY THAT MOVING FORWARD. AND THE SAME AT ANY POINT OF THESE ELEVATIONS, WE CAN POINT OUT EXACTLY WHAT THE HEIGHT IS. I CAN BLOW IT UP FOR YOU. AND IS THE APPLICANT CHANGING THE ELEVATIONS FOR DESIGN PURPOSES OR BECAUSE THE TOPOGRAPHY OF THE LAND, THE TOPOGRAPHY OF THE LAND, UM, SLOPES AWAY AND YOU'LL BE ABLE TO SEE IT. HE HAS A PRESENTATION THAT HE'S GOING TO DO AS WELL. OKAY. UM, IT'S ON YOUTUBE. SO I'M GONNA FOREGO OUR VIDEO JUST BECAUSE HIS IS GONNA BE SENDING. UM, BUT IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE ELEVATIONS AND THE HEIGHT, AGAIN THESE ARE THOSE ADDITION. SO THE FENCES THAT ARE PROPOSED, ARE THEY ALL SOLID? NO. SO THEY ALL VARY. SO THERE ARE FOUR DIFFERENT TYPES OF FENCES AND YOU GO BACK TO THE ORIGINAL OVERALL, UH, THE FENCING AROUND THE, UM, TENNIS COURT IS ONE STYLE. UH, LIGHT BLUE IS ONE STYLE, YELLOW IS ONE STYLE. AND THEN OBVIOUSLY THERE'S THE, UM, CARPORT, CAR ENTRANCE. YES. GATE. YES. THANK YOU. SO THOSE ARE RIGHT ON. BUT EVEN THOUGH THEY WERE RIGHT, THEY WERE REMOVABLE. RIGHT ON. SO THEREFORE I JUST MADE THEM A DIFFERENT COLOR. SO YOU CAN IDENTIFY. SO THE YELLOW REPRESENTS THE UH, STONE, THE BLUE REPRESENTS THE WHITE IRON ALONG WITH THE UH, RED. AND THEN THE UH, PURPLE IS MORE OF A CHAIN LINK STYLE. UH, THAT'S AROUND THE TENNIS. HOPEFULLY THAT HELPED CLEAR AS MUD. I'M KIDDING. THIS IS MUCH CLEARER. THANK YOU. ALRIGHT, ANY QUESTIONS FOR THE STAFF REGARDING THIS CASE? UH, 25 0 0 0 6 4. OKAY, NOW WE'LL GO TO OUR PUBLIC HEARING. UH, IS THE APPLICANT HERE OKAY, IF YOU GIVE US YOUR NAME AND YOUR ADDRESS AND YOU'LL BE SWORN IN. MY NAME IS RANDALL KEENEST. MY ADDRESS IS 7 1 2 2 WILD GROVE AVENUE DALLAS? NO, THE SPEAKER'S REGISTERED. NO, NO, YOU GOTTA SWEAR 'EM. OH, OKAY. I'M SORRY. . IT'S NOT PAST SIX YET, IS IT? IT'S, I'M SORRY. IT'S . YEAH. NO, MARY DOESN'T SWEAR AT PEOPLE BUT SWEAR 'EM IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. OKAY. SO OUR RULES OR PROCEDURE ARE THAT THE APPLICANT'S GIVEN FIVE MINUTES TO PRESENT. ANYONE ADDITIONALLY TO SPEAK? FIVE MINUTES. ANYONE IN OPPOSITION? FIVE [05:05:01] MINUTES AND THEN A REBUTTAL. NOW I ASKED MY QUESTION, DO WE HAVE ANY, DO WE HAVE ANY YOU THOUGHT I WAS ASKING BEFORE? MS. WILLIAMS? DO WE HAVE ANY OTHER SPEAKERS OTHER THAN THE APPLICANT? NO, THE SPEAKER'S REGISTERED, SIR. OKAY, GOOD. SO I'LL GIVE YOU WHATEVER TIME YOU NEED AS LONG AS YOU DON'T REPEAT YOURSELF. SO I'M GOING TO BE QUICK. UH, SO WE MET BACK IN NOVEMBER AND PUSHED THE MEETING BECAUSE WE HAD VERY SMALL PLANS THAT HAD DIFFERENT ELEVATIONS AND IT WAS CONFUSING. AND AT THAT TIME WE WERE ASKING FOR, UH, A MAX HEIGHT OF EIGHT FOOT 11. AND IT JUST SEEMED LIKE EVERYONE ON THE BOARD WAS CONCERNED WITH THAT HEIGHT. SO, UH, WE WENT OVER, WE STARTED GETTING INTO LANDSCAPING AND HOW WE WOULD SCREEN THOSE HIGHER SECTIONS. AND HOW COULD YOU ENFORCE THAT IF, YOU KNOW, IF WE DIDN'T INSTALL IT LIKE WE SHOWED IN THE PLANS. AND SO, UH, WE JUST STARTED GOING ALL OVER THE PLACE AND, UM, SO AT THE END OF THE DAY, USING YOUR WORDS AFTER WE TOOK A PIN OF BLOOD FROM THEM, UM, WE, WE YES YOU DID AND, UH, YOU YOU TOOK A PIN OF BLOOD FROM US OR WE TOOK A PIN OF BLOOD FROM YOU. IT WAS A LITTLE BIT OF BOTH. OKAY. A LITTLE BIT OF BOTH. YOU DON'T WANT THAT 'CAUSE USUALLY THAT ENDS UP WITH A DENIAL. NO, IT WAS A VERY FRIENDLY I KNOW, BUT I'M JUST SAYING ANYTIME WHEN YOU'RE DICTATING BLOOD FROM EACH OTHER. SO GO AHEAD. WE, WE JUST, I WENT BACK TO MY TEAM. I GAVE THEM THE FEEDBACK FROM THE BOARD AND SO WE CHANGED THE OVERALL HEIGHT. WE LOWERED IT 23 INCHES TO SIX FOOT 11. UM, ACTUALLY I MISSPOKE. I THINK WE WERE EIGHT FOOT 10 LAST TIME. NOW WE'RE AT A MAX HEIGHT OF SIX FOOT 11. UH, BRIAN DID A GREAT JOB WITH THE COLOR CODING. WE ONLY HAVE ABOUT 60 FEET OF SOLID FENCING. UM, THE REST IS WROUGHT IRON. UH, SOME IS CHAIN LINK AT THE, UH, AT THE, UH, TENNIS PORT AREA. BUT, UM, EACH SECTION AS YOU LOOK AT IT, UH, MOST SECTIONS START BETWEEN FIVE FOOT SIX TO FIVE FOOT EIGHT. AND THEN AS IT TRAVELS DOWN THE HILL, THEY END UP AT SIX FOOT 11 OR LESS. SO THE, THE DESIGN WAS SIMPLIFIED. UH, WE, BEFORE WE WENT FROM FOUR FOOT TO EIGHT FOOT TO SIX FOOT, IT WAS ALL OVER THE PLACE. SO NOW EVERY SECTION STARTS AROUND FIVE FOOT SIX TO FIVE FOOT EIGHT AND IT GOES TO SIX FOOT 11 OR LESS MAX HEIGHT. AND UM, SO THAT'S, THAT'S PRETTY MUCH IT AS FAR AS THE CHANGES WE MADE. UM, WE DID, UH, YEAH, I MEAN THAT, THAT'S PRETTY MUCH IT. SO LAST TIME I HAD NO LETTERS OF SUPPORT. I HAVE TWO NOW FROM THE NEIGHBORS DIRECTLY ACROSS THE STREET. DID THAT GET INTO YOUR NUMBERS MR. THOMPSON? BECAUSE I THINK, I THINK WE DID ZERO AND ZERO IF YOU COULD GIVE US THE ADDRESSES, MR. THOMPSON. SO WE DID GET THOSE LAST MINUTE BECAUSE OF THE HOLIDAYS IN FAIRNESS TO EVERYONE HERE. OKAY, JUST GIMME TWO OR WHATEVER. 46 60 IS THIS ONE, NUMBER 11. UH, GRAY GARY BLACKIE. THAT'S NUMBER 11. AND WHICH ONE? 46 64. 46. 64. OH THERE IT IS. AND THAT'S NUMBER FIVE. OKAY. ALRIGHT, GO AHEAD. THANK YOU. YEAH, I'M GONNA SIT HERE AND THEN LAST TIME YOU WANNA SEE, YOU WANNA SEE, LAST TIME I SPOKE OF, YOU KNOW, THE NEIGHBORING PROPERTIES HAVING SIMILAR FENCING, BUT I DIDN'T HAVE ANY PICTURES OR PROOF OF WHAT THOSE HEIGHTS WERE. SO BOARD ASKED ME TO PROVIDE THAT. SO I SHOT A QUICK VIDEO SHOOT. GO FOR IT. YEP. RIGHT. SO FOR YOU, MR. TOMS, SO THAT'S OUR PROPERTY. . [05:10:03] THIS IS THE PROPERTY ACROSS THE STREET? YES, I THINK SO. AND I'M SIX TWO. YOU'RE JUST LOOKING AT ME. , THAT'S NINE 10. YOU NEVER THOUGHT YOU'D BE OUT MEASURING NEIGHBOR'S GATES, . WE'VE SEEN ENOUGH. SO THIS IS, WE NOW CAN BELIEVE THAT YOU CAN MEASURE. HE'S GONNA TURN OFF BY, WE NOW SEE THAT YOU CAN MEASURE A POLE AND FENCE HEIGHT. ALRIGHT. AND SO THE ONLY THING I'D LIKE TO ADD IS PLEASE, SO WHEN YOU, WHEN YOU'RE LOOKING AT THOSE OTHER TWO, AND WE DIDN'T REALLY GET TO SEE THE PART, THE VIDEO, THEIR, THEIR FENCING IS RIGHT ON THEIR PROPERTY LINES. WE'VE MOVED OUR BACK FIVE FEET BECAUSE OF THE OPACITY ON THE STUCCO SECTION OR THE MASONRY SECTION. SO OUR ENTIRE FENCE IS BACK FIVE FEET, UH, BEHIND THE PROPERTY. THAT'S A SMART MOVE, RIGHT? AND IF YOU LOOK AT OUR DESIGN, IT'S ALSO STAGGERED. SO WE PULL SECTIONS BACK SO IT CREATES SOME RELIEF. THE LAST TIME WE WERE HERE, WE TALKED ABOUT, AS YOU DRIVE DOWN THE STREET, HOW'S THIS GONNA FEEL? WE DON'T WANT IT TO FEEL LIKE A TUNNEL, THOSE TYPE OF THINGS. SO OUR, OUR, I FEEL LIKE IT'S SOFTENS THE FRONT AS YOU DRIVE BY THE STREET AND IT'S NICE FOR THE AREA AND CREATES SOME VISUAL INTEREST INSTEAD OF JUST PUTTING 447 FEET OF FENCING AROUND THIS CURB. SO I THINK IT'S VERY NICE AND, UH, CERTAINLY EN SUIT WITH WHAT YOU'RE SEEING WITH THE NEIGHBORING PROPERTY. AND HOW DO YOU PRONOUNCE YOUR LAST NAME? IT'S KEENEST. KEENEST. OKAY. MR. KEENEST, YOU LISTENED WELL AND OH, WE DON'T NEED THAT. YOU DIDN'T EVEN GET 'EM, BUT THAT'S OKAY. BUT I BROUGHT THESE, BUT YOU'RE, YOU'RE, YOU'RE PREPARED. YOU'RE A BOY SCOUT TODAY. YOU COME PREPARED BECAUSE IF WE WOULD'VE HAD QUESTIONS THAT SOLVES A LOT. YOU, YOU LISTENED WELL TO THE FEEDBACK FROM THE BOARD ABOUT, UH, NEIGHBOR SUPPORT. 'CAUSE THAT'S PART OF OUR CRITERIA AND ABOUT THE SETBACK AS IT RELATES TO, UH, THE OPACITY ISSUE. YOU SEE, WE STRUGGLE WITH THIS OPACITY ISSUE AND FENCE HEIGHT ISSUES. SO YOU LISTENED WELL. OKAY. DIS UH, QUESTIONS FOR THE APPLICANT. THE CHAIR WOULD ENTERTAIN A MOTION. MR. DORN. WELL, LET'S, MR. DORN HAMEL, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 25 DASH 0 0 0 6 4 ON APPLICATION OF RANDALL PENIS GRANT, THE REQUEST THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT, 11 INCH HIGH FENCE AS A SPECIAL CONDITION IS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN DALLAS DEVELOPMENT CODE AS AMENDED. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT [05:15:01] NEIGHBORING PROPERTY AND MOVE THAT THE FOLLOWING CONDITION, CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BO A 2 5 0 0 0 0 6 4. MR. DORN MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION TO THE FENCE SITE TO SIX FEET, 11 INCHES. IS THERE A SECOND? SECOND, SECOND BY MR. HAITZ DISCUSSION ON THE MOTION, MR. DO EVERYTHING WAS PROVIDED THAT WAS NEEDED. OKAY, MR. HAITZ? I WOULD SAY, UM, SUPPORTING THIS, ALTHOUGH IT DOES ADVERSELY AFFECT THE NEIGHBORING PROPERTIES AND THE ROOF LOOKS MUCH BETTER THAN THEIRS, THAN . OH MY GOD. OKAY. DON'T PUT THAT ON THE RECORD, MICHAEL. I AGREE. I JUST DIDN'T WANNA SAY THAT. OH MY GOSH. OKAY. STRIKE THAT FROM THE RECORD. OKAY. OKAY. IT'S GETTING A LITTLE PUNCHY HERE. ALL RIGHT. THANK YOU. ANY OTHER DISCUSSION? I THINK YOU DID YOUR, I'LL SAY AGAIN. YOU DID A GREAT JOB OF LISTENING TO OUR FEEDBACK AND OUR CONCERNS. THANK YOU. WE WANNA BE FAIR. WE WANNA BALANCE YOUR INTEREST AS A PROPERTY, REPRESENTING A PROPERTY VERSUS THE NEIGHBORS. AND, UH, UH, WE USUALLY WE GET IT RIGHT. NOT ALWAYS, BUT THAT'S WHAT WE'RE STRIVING FOR. SO THANK YOU. WELL, I THINK YOU GOT IT RIGHT AND I THINK YOU GOT IT RIGHT ALL DAY TODAY BECAUSE I SAT AND LISTEN . WE'LL SEE ABOUT THAT. ALL RIGHT. UM, UH, MOTION ON THE FLOOR BO 8 2 5 0 0 0 0 6 FOURISH TO GRANT SIX 11 INCH SPECIAL EXCEPTION. THE BOARD SECRETARY WILL CALL THE VOTE. MS. HAYDEN AYE. MR. DORN? AYE. MR. KOVI? AYE. MR. CHAIRMAN, AYE. MOTION TO GRANT PASSES FOUR TO ZERO IN THE MATTER OF BO 8 2 5 2 0 0 0 6 4, THE BOARD UNANIMOUSLY, AND A FOUR TO ZERO, UH, VOTE. GRANT YOUR REQUEST FOR A SPECIAL EXCEPTION FOR SIX FOOT 11 INCHES. THANK YOU VERY MUCH. LET ME ASK ONE OTHER QUESTION. I SHOULD HAVE ASKED THIS. WE HAVE THE MOST RECENT VERSION OF THIS PLAN GIVEN THAT THEY CHANGED YES. YES. DON'T BE DOING THAT TO ME. , WAIT ON DON'T BE DOING THAT TO ME. I SHOULD ASK THAT, BUT I'M GONNA SAY AGAIN, MS. MS. UH, BOARD ADMINISTRATOR. WE HAVE THE CORRECTED PLANS. I, YES. OKAY. JUST WANNA MAKE VERY SURE. THANK YOU. THANK YOU. THANK YOU, SIR. OKAY. UH, THAT BEING THE CASE, THAT'S THE LAST ITEM ON OUR AGENDA, UH, BOARD OF ADJUSTMENT PANEL A. OUR OUR NEXT MEETING IS FEBRUARY 17TH, 2026. THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN. I MOVE THAT WE ADJOURN A MOTION'S MADE TO ADJOURN. IS THERE A SECOND? SECOND. SECOND BY MR. DORN. ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. THOSE OPPOSED BOARD OF ADJUSTMENT IS ADJOURNED AT 6:25 PM ON THE 20TH OF JANUARY. 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.