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CONTRIBUTE.[Board of Adjustments: Panel C on January 22, 2025 ]
TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND HYBRID VIDEO CONFERENCE.FIVE OR FIVE PANEL MEMBERS ARE PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
UM, I'LL DO SOME BRIEF INTRODUCTIONS FOR THOSE WHO ARE NOT FOLLOWING ALONG DURING THE BRIEFING.
TO HIS LEFT IS, AND EVAN AND ROGER SINGTON IS APPEAR VIRTUALLY.
UH, STAFF PRESENT INCLUDES MY RIGHT THERESA CARLISLE, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY TO HER RIGHT DR. MILLER HOSKIN, BOARD ADMINISTRATOR AND CHIEF PLANNER TO HER RIGHT MARY WILLIAM, BOARD SECRETARY, MODERATOR.
BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME OTHER THAN COMPLI LEFT STAFF.
WE OPERATE UNDER THE CITY COUNCIL APPROVED RULES OF PROCEDURE TO POSTED TO OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE.
NO ACTION OR DECISION ON A CASE SET.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUM.
THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION OF THE BOARD.
UM, WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND WE'VE ALSO REVIEWED THE DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED AT LEAST SEVEN DAYS PRIOR TO THIS HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT FOR THE BOARD TO CONSIDER ON ANY OF THE CASES THAT WE HAVE APPEAR TODAY SHOULD BE SUBMITTED TO THE BOARD'S SECRETARY WHEN YOUR CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF PUBLIC RECORD FOR CASE APPROVAL OF A VARIANCE.
SPECIAL EXCEPTION OR REVERSAL OF BUILDING ADMINISTRATIVE OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL.
ALL OF THE MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
LETTERS OF THE ACTION TAKEN TODAY BY THE BOARD WILL BE MAIL TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TODAY MUCH REGISTER IN ADVANCE WITH OUR BOARD SECRETARY EV.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON OUR AGENDA FOR A MAXIMUM IMPROVEMENT.
A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO AS WELL AS AUDIO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE PROVIDED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER.
ME AGAIN, UM, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN.
WITH THAT, UH, WE WILL DELVE INTO OUR DOCUMENTS.
UM, OUR FIRST ITEM OF BUSINESS IS GOING TO BE AN APPROVAL OF THE DECEMBER 15TH, 2025 MEETING MINUTES THAT MOVE, MOVE TO APPROVE GARNER.
THE APPROVAL OF THE DECEMBER 15, 24 AVENUE, MR. CHAIR.
UM, ALL THOSE IN FAVOR OF APPROVING OUR DECEMBER 15TH, 2025 MEETING, PLEASE SAY AYE.
UM, WE HAVE ONE OTHER MISCELLANEOUS ITEM BEFORE WE GET TO, UH, ANY PUBLIC TESTIMONY AND THAT IS A CONSIDERATION AND APPROVAL OF THE AMENDED BOARD OF ADJUSTMENT RULES OF PROCEDURE AS I FLAGGED DURING THE BRIEFING.
UM, AFTER THESE, UH, RULES OF PROCEDURE HAVE BEEN APPROVED BY THE FULL BOARD OF ADJUSTMENT AS PART OF, UH, THE FULL BOARD MEETING IN OCTOBER AND THEN SUBSEQUENTLY BY INTROSPECTIVE PANEL, UM, THERE WAS A PROPOSED CHANGE IN SECTION TWO C, UH, TO MIRROR GUIDANCE, UM, FROM CITY COUNCIL ABOUT DESCRIBING WHAT, UM, COMPOSITION THE BOARD SHOULD REFLECT.
UH, THAT CHANGE NOW READS, THE BOARD SHALL BE DIVIDED INTO THREE PANELS OF FIVE MEMBERS BY THE CITY'S SECRETARY TO REFLECT THE COMMUNITY SERVED BY THE CITY TO THE GREATEST EXTENT POSSIBLE.
UH, A BOARD MEMBER MAY SERVE ONLY ON THE PANEL TO WHICH THE MEMBER IS ASSIGNED THE CHAIR AND VICE CHAIR SHALL EACH BE THE PROVIDING OFFICER OF ONE.
UM, DO I HAVE A MOTION TO APPROVE THE AS REVISED RULES OF PROCEED? I WILL MAKE THAT MOTION.
IS THERE A SECOND TO APPROVE THIS FURTHER REVISED VERSION OF THE RULES OF PROCEDURE FOR THE BOARD OF ADJUSTMENT? SECOND.
UH, ALL THOSE IN FAVOR OF APPROVING THIS FURTHER EDIT TO THE RULE PROCEDURE? AYE.
UM, WITH THAT, I WILL MOVE TO SEE IF WE HAVE ANY ITEMS ON OUR, UH, PUBLIC HEARING AGENDA, PUBLIC SPEAKERS THAT ARE NOT HERE SPECIFICALLY FOR ANY GIVEN NO
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PUBLIC SPEAKERS.IN LIGHT OF THAT, UM, WE HAVE ONE ITEM THAT REMAINED ON OUR UNCONTESTED DOCKET AND THEN THREE ITEMS TO BE CALLED FOR INDIVIDUAL CASES.
UM, THE ITEM ON OUR UNCONTESTED DOCKET, THE EOA 2 5 0 0 0 3 6, NO, I APOLOGIZE, WRONG.
CASE NUMBER 0 0 0 0 9 2, UH, FOR FOUR 11 NORTH MARLBORO COUNTY.
DOES ANYONE HAVE A MOTION IN RESPECT TO THE END, MR. ME, MR. CHAIR? I HAVE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY IN ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFIES ALL OF THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND IS CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BOA 25 DASH 92 APPLICATION OF PETER DUNGAN.
FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
DO I HAVE A SECOND WITH THAT? ONE SECOND.
UH, MS. WILLIAM, COULD YOU PLEASE CALL THE VOTE MS. GARDNER? AYE.
MOTION TO GRANT PASSES? FIVE ZERO.
UM, THEN WE'LL MOVE ON TO OUR FIRST CASE INDIVIDUAL ITEM.
UH, THAT IS BOA 2 5 0 0 0 3 6 AT 1, 2, 3, 1.
GOOD AFTERNOON, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE B.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
UH, GOOD SEEING YOU IN THE NEW YEAR.
UH, ROB BALDWIN, I'M HERE REPRESENTING, UH, SEAN REDDY WHO OWNS THE PROPERTY.
1, 2 3, 1 QUAD STREET AND I WAS AT THE BRIEFING SESSION TODAY, SO I KIND OF UNDERSTAND LOT WAS CONCERNS.
I THINK I'M GONNA GO BRIEFLY THROUGH MY PRESENTATION, THEN I'LL GO THROUGH THAT EXHIBIT.
I THINK YOU GOT HANDED OUT AND, UH, IT'S A BLOW UP OF THE SITE PLAN AND HAVE YOU ALL SEEN THAT IT IS COMING AROUND AS THE, I'M NOT SURE IF THAT'S EXACTLY WHAT COMMISSIONER GARNER WAS LOOKING FOR, BUT IT'S THE BEST I COULD DO IN THAT HALF HOUR I HAD BACK AT THE OFFICE.
SO ANYWAY, SO THIS PROPERTY IS LOCATED OFF OF CEDAR CREST DOWN BY THE MORALE, UH, DART STATION.
IT'S A CORNER LOT ON THE CORNER OF CLAUDE AND SOUTH DENLEY STREET.
INTERESTING THING IS THAT CLAUDE STREET IS REALLY ONLY TWO BLOCKS LONG AT THIS LOCATION.
THERE'S ONE BLOCK TO THE WEST AND THEN KIND OF T-BONE AND HEAD SOUTH, AND THEN ONE BLOCK TO THE EAST.
NOT A LOT OF TRAFFIC ON, UH, BROAD STREET SOUTH DENLEY, UH, GOES PRETTY FAR SOUTH, BUT ONLY TWO BLOCKS FARTHER NORTH.
BEFORE IT, IT, YOU HAVE TO TURN AND HEAD OVER TO MORRIS STREET.
THE INTERESTING THING ABOUT THIS IS, IF YOU'LL NOTICE ON THIS SLIDE, THERE IS A LARGE PARKWAY AND A PARKWAY IS THE AREA OF PROPERTY THAT'S LOCATED BETWEEN THE PROPERTY LINE AND THE EDGE OF CURB OR, UH, EDGE OF THE STREET.
IF YOU LOOK ON LEY ON THE EAST SIDE OF THIS PROPERTY, IT'S ABOUT 2020 FEET WIDE.
MOST OF THE TIME IT'S ABOUT 10 FEET WIDE.
IN THIS CASE, WHAT THAT DOES IS PUSHES THE FENCE AWAY FROM THE STREET AND, UH, OPENS IT UP SO IT DOESN'T CREATE A CANYON EFFECT, AND IT ALSO HELPS WITH THE SITE VISIBILITY TRIANGLE, WHICH WE'LL GET TO IN JUST A SECOND.
SO, RAZING FOR THREE COMPONENTS OF THIS.
THE FIRST IS, UH, THE FENCE TO BE UP TO SIX FEET TALL.
UH, THE PHOTOS YOU SAW TODAY SHOWED THE FENCE AT EIGHT FEET TALL.
IT WAS BUILT IN ERROR AND THE MY CLIENT ULA WOULD, WOULD CUT THAT DOWN TO SIX FEET, UH, IN THE FRONT YARD AREA.
SO IT'S A TWO FOOT SPECIAL EXCEPTION FOR THAT.
AND THEN THERE'S A SPECIAL EXCEPTION TO ALLOW THE FENCE TO BE SOLID WOOD, UH, ALONG THE PROPERTY LINE.
AND THEN THE THIRD IS A SPECIAL EXCEPTION TO THE, UH, SITE VISIBILITY TRIANGLE AT THE CORNER OF QUAD AND SOUTH LEY.
UH, NORMALLY THAT'S A 45 FOOT BY 45 FOOT SITE VISIBILITY TRIANGLE.
UM, BUT WE'RE PROPOSING A 30 BY 30, AND THAT WAS BASED ON CONVERSATIONS WITH DAVID NAVAREZ, THE CITY'S TRANSPORTATION PLANNER.
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AND HE IS SUPPORTIVE OF THIS REQUEST FOR THE SITE VISIBILITY TRIANGLE, GIVEN THE, THE LOW VOLUMES OF THE DISCRE AND THE STOP SIGN WITH THE AREA.SO THIS IS A, A SITE PLAN THAT SHOWS, UH, THE SITE VISIBILITY TRIANGLE.
IF YOU GO TO THE NEXT SLIDE, PLEASE, AND THIS IS WHAT I GAVE YOU AS A BLOW UP OF THE LEFT HAND SIDE OF IT.
UH, QUICKLY ON THE RIGHT HAND SIDE, THOSE ARE THE SITE VISIBILITY TRIANGLES AT DRIVEWAYS THAT SHOWS THAT WE COMPLY WITH THOSE.
WE'RE NOT ASKING FOR ANYTHING AT THE DRIVEWAY, IT'S JUST AT THE, THE INTERSECTION.
SO NORMALLY THE WAY YOU MEASURE SITE VISIBILITY TRIANGLE IS YOU GO ALONG THE PAVEMENT OR CURVE IN THIS SECTION.
UH, YOU GO UP 45 DEGREES UP ONE SIDE AND 45 DEGREES, 45 FEET THE OTHER SIDE AND CONNECT THE TWO.
NOTHING CAN BE IN THAT AREA THAT IS TALLER THAN 18 INCHES, UH, TO EIGHT, EIGHT FEET.
UM, AND PURPOSE THAT IS TO GIVE VISIBILITY WHEN YOU'RE, WHEN YOU'RE, UH, BIRDS
SO WHEN YOU'RE, UH, PULLED UP TO THE INTERSECTION, YOU CAN SEE CARS COMING IN.
PEDESTRIANS, AGAIN WITH OUR 20 FOOT, UH, UH, PARKWAY, YOU'LL CLEARLY BE ABLE TO SEE, UH, THE FENCE IS 20 FEET OFF THE CURB AND OFF THE SIDEWALK.
WE, YOU'LL BE PLANNING TO SEE CARS AND, UH, PEDESTRIANS ON BOTH SIDES.
BUT WE'RE, WE'RE ASKING FOR A 30 BY 30.
SO WE'RE STILL PROVIDING A SITE VISIBILITY TRIANGLE, BUT IT'S, UH, 15 FEET LESS.
SO THAT EXHIBIT I SHOWED YOU KIND OF, IT'S A BLOW UP THERE.
IT SHOWS THAT, UM, THERE, THERE WILL BE A FENCE THERE, BUT IT'S 15 FEET.
UH, IT'S, UH, 15 FEET CLOSER, BUT IT'S STILL BARELY ON OUR PROPERTY LINE.
SO IT'S STILL, UH, THE FENCE IS MOSTLY ON OUR PROPERTY, THE, THE VISIBILITY TRIANGLES ON OUR PROPERTY.
SO, UH, WHEN YOU GET TO THE CORNER, WHETHER YOU'RE HEADING NORTH OR SOUTH OR EAST TO WEST, THERE'LL BE PLENTY OF SPACE TO BE ABLE TO, TO SEE ANY VEHICLE PEDESTRIANS AND DAVID NAVARRO AFTER HIS ANALYSIS AGREED WITH THAT.
AND, UM, IF I COULD BRIEFLY INTERJECT SURE.
MR. THAT THE TRAFFIC ENGINEER IN OUR DOCKET IS PAGE 59, QUOTE, TRAFFIC ENGINEER MADE A RECOMMENDATION OF APPROVAL FOR 30 FOOT VISIBIL ABILITY TRAFFIC.
AND, UH, AND YOU, I KNOW YOU'VE WORKED WITH DAVID NAVAREZ FOR MANY YEARS AND HE, YOU KNOW, HE'S VERY CAUTIOUS ABOUT THAT AND SO HE, HE CLEARLY THINKS THAT, THAT THIS WOULD NOT BE AN ISSUE HERE.
SO, UH, THE NEXT SLIDE PLEASE, JUST KINDA SHOWS WHAT THE, THE FENCE LOOKS LIKE AND, AND HOW WE'RE CUTTING IT DOWN.
I KNOW IT'S KIND OF HARD TO SEE, BUT BASICALLY EVERYTHING IN FRONT OF THE HOUSE BECOMES A FRONT YARD.
AND SO THAT WILL GO FROM EIGHT FEET TO SIX FEET, SO CUT DOWN TWO FEET.
UM, SO THAT PART OF THE TWO FOOT, UH, SPECIAL EFFECT.
SO THIS IS INTERESTING KIND, HOPEFULLY YOU CAN SEE IT ON THE LEFT HAND SLIDE.
UM, OUR NEIGHBOR TO THE LEFT DID WRITE IN A LETTER OF OPPOSITION AND OUR FENCE WAS TOO TALL, BUT THAT'S BECAUSE THAT FENCE IS EIGHT FEET TALL.
WE BRING IT DOWN TO SIX FEET TALL TO THE SAME HEIGHT AS THEIR FENCE, WHICH I IMMEDIATE IMMEDIATELY ABUTTING US.
SO HOPEFULLY THAT WOULD ADDRESS THEIR CONCERNS.
I DID NOT KNOW ABOUT THAT UNTIL I SHOWED UP AT THE BRIEFING SESSION.
I'VE NOT HAD A CHANCE TO EITHER REVIEW THE LETTER OR SPEAK TO OUR ORDER, BUT WE ARE LOWERING THAT BY TWO FEET AND IT WILL MATCH, UH, THE, THE PORTION RIGHT NEXT TO OUR FENCE.
MR. SATTON, UH, CAN, CAN WE GO BACK? UM, SO WHAT YOU'RE SAYING IS THAT THE FENCE, UM, THAT RUNS ALONG THE, I GUESS IT'S THE FRONT OF THE HOUSE OR IS THAT THE BACK OF THE HOUSE? THAT'S THE FRONT OF THE HOUSE.
IF THAT RUNS ALONG THE FRONT OF THE HOUSE, THE NEIGHBOR IS SAYING THAT, THAT, THAT I THINK THEY'RE COMPARING, I MEAN, I WOULD CONTEND THAT THEY'RE POTENTIALLY COMPARING THAT THE FENCE THAT RUNS, UM, UH, IN THE SAME DIRECTION AS THEIR FENCE, UM, IS TOO TALL.
NOT THAT THE FENCE THAT RUNS, UM, UH, I GUESS ADJACENT DOWN THE, UM, THE OTHER DIRECTION OR THE BACK OR SIDE OF THE HOUSE, UM, IS TOO, IS TOO TALL.
SO IF YOU, I THINK THEY'RE ASKING, I THINK THEY MAY BE ASKING THAT YOU BRING THAT, THAT PORTION OF THE FENCE DOWN, UM, TO, TO MATCH, UH, THE HEIGHT OF THEIR FENCE ALONG THE FRONT, WHICH I BELIEVE IS PROBABLY FOUR FEET.
THE, THE, THE WOODEN PART OF IT IS FOUR FEET AND THEN THERE'S TWO FEET OF METAL ON TOP OF IT.
IT'S KIND OF HARD TO SEE, UNFORTUNATELY.
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OF THE HOUSE TO THE STREET WOULD BE LOWERED BY TWO FEET, TWO SIX FEET AND IT WOULD MATCH THE, UH, THE HEIGHT OF THEIR METAL FENCE.BUT YOU'RE ASKING THAT IT BE, UH, NO OPACITY, UM, RIGHT.
UM, THAT, THAT REMAINING TWO FEET ABOVE THE, THE THE ALLOWED FOUR.
OKAY, MR. BALDWIN, IF I MAY ASK A QUESTION JUST TO MAKE SURE I, I'M NOT GETTING MYSELF CONFUSED.
SO WHAT IS CURRENTLY BUILT THERE IS, YES, SIR.
THE HOMEOWNER IS SEEKING RELIEF TO BE ABLE TO REDUCE IT DOWN TO SIX FEET INSTEAD OF GOING ALL THE WAY TO FOUR FEET.
AND THIS IS SHOWING THAT AT THE HEIGHT OF SIX FEET, IT WOULD BE THE SAME HEIGHT AS THE, UH, NEIGHBOR WHO VOICED AN OBJECTION ABOUT A, A LONG FORM.
OH, JUST MAKING SURE I GOT THAT RIGHT.
AND, UM, WE'LL GO TO THE NEXT SLIDE PLEASE.
AND, UH, MS. BARI DID A GREAT JOB OF TALKING ABOUT THIS NEXT SLIDE, PLEASE.
UM, UH, ONE THING THAT'S INTERESTING ON THAT PREVIOUS SLIDE, WE DON'T HAVE TO GO BACK TO IT.
THERE'S A OPEN, UH, FIELD ON THE RIGHT AND WHAT YOU CAN SEE THERE IS A BIG, UH, UH, SECURITY CAMERA.
UH, AND, UH, ONE, THOSE SEE THEY PUT A CONSTRUCTION SITES, UH, AND THAT'S WILL LEAD ME ON TO MY NEXT REASON WHY WE'RE DOING THIS NEXT SLIDE, PLEASE.
SO WE DID, UH, WE ASKED THE, THE CITY FOR RECORDS OF ANY POLICE CALLS IN THE LAST 10 YEARS.
UH, IN THIS BLOCK, ALL THESE, THERE'S ACTUALLY A PAGE AND A HALF OF THESE, UH, ARE POLICE REPORTS THAT OCCURRED IN THE 1200 BLOCK AND 1300 BLOCK OF, UH, QUAD STREET.
EVERYTHING IN YELLOW HAPPENED ON MY, MY CLIENT'S PROPERTY.
UM, THERE, THIS IS A TRANSITIONING NEIGHBORHOOD.
UM, IT IS STILL NOT TRANSITIONED YET.
THERE IS A LOT OF CRIME IN THIS NEIGHBORHOOD, AND YOU'LL EVEN NOTICE ON THE, TODAY WHEN WE LOOKED AT THE VIDEO THAT WE'RE GOING AROUND, UH, THEY WERE FOLLOWING A POLICE CAR.
YOU KNOW, THERE IS, UH, A GOOD POLICE PRESENCE HERE, BUT THERE'S STILL A LOT OF CRIME.
AND THIS IS THE PER THE PURPOSE OF THIS FENCE, UH, MY CLIENT HAD BEEN, UH, BROKEN INTO SEVERAL TIMES AND HE AND HIS WIFE, UH, NEEDED SOME, UH, SECURITY AND THEY THAT BY DEFENSE.
UH, SO, UH, THAT'S THE, THE GIST OF WHAT WE'RE ASKING FOR.
I'M HERE TO ANSWER ANY QUESTIONS.
YOU THINK IT'S REASONABLE AND, AND IN THIS CASE NECESSARY TO PROTECT THE PROPERTY UNDER THEIR PRIVACY.
ARE THERE ANY QUESTIONS? UH, YES.
SO, SO MR. BALDWIN, UM, TWO, I GUESS TWO, WELL, ONE OR TWO THINGS.
UM, ON THE, UH, VISIBILITY TRIANGLE, UM, AT THE CORNER OF THE HOUSE, UM, YES SIR, AT, AT 30, IF THIS BOARD WERE TO, UM, APPROVE OR, OR, OR ALLOW THE 30 FOOT, UH, INSTEAD OF THE 45 FOOT VISIBILITY TRIANGLE, UM, AS I, I DO, UM, UM, I GUESS AGREE THAT IT'S, IT'S, IT'S A 45 IS PRETTY EXTREME, UM, PORTION OF THE, OF THE YARD THAT'S CUT OUT.
UM, BUT WOULD WOULD YOU CONSIDER, UH, INSTEAD OF HAVING A, UM, A ZERO OPACITY SECTION, UM, THERE AT THE 30 FOOT, UM, HAVING SOME OPACITY THERE AND MAYBE, UH, SUPPLEMENTING WITH SOME SHRUBBERY? UH, WE'RE MORE THAN HAPPY TO PUT SHRUBBERY THERE? UH, I CANNOT THINK FOR MY CLIENT, UM, WHETHER OR NOT HE WOULD, UH, AGREE TO REPLACE THE, THE CORNER PANELS WITH, UH, DECORATIVE IRON.
BUT IF THAT'S THE BOARD'S WISH, THEN WE WOULD FOLLOW WHATEVER THE BOARD ASKED US TO DO.
OTHER QUESTIONS, MS. MS. EVAN, PLEASE.
UM, MR. BALDWIN AND MY QUESTION, I'M TRYING TO UNDERSTAND THE FENCE NEXT DOOR OF THE ONE, THE ONE HOUSE THAT HAS, UM, OBJECTED TO THIS, THEY HAVE WOOD WITH METAL ON TOP.
ARE THOSE SPIKED METALS? I COULDN'T REALLY SEE THEM.
THE CURVE? YEAH, THEY'RE THOSE SP THINGS.
SO THEY HAVE A SOLID FENCE ABOUT FOUR FEET AND THEN TWO FEET ABOVE THAT.
SO THIS FENCE WOULD BE SOLID WOOD RIGHT.
BUTTED UP RIGHT NEXT TO THOSE METAL THINGS? YES.
SO WE'D SHARE THE FIRST FOUR FEET WOULD, WOULD BOTH BE, UH, SOLID AND THEN, UH, ARGUABLY SOLID FOR ANOTHER TWO FEET.
WOULD, WOULD THE HOMEOWNER OBJECT TO MATCHING THE FENCE
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AGAIN? IF, IF THE, IF THE BOARDS SUGGEST THAT'S WHAT WE NEED TO DO, WE WILL DO THAT.THAT WOULD BE SOME CONSISTENCY THERE.
UNFORTUNATELY, IT'S NOT HERE TO, TO FOR ME TO ASK THAT.
UM, YOU KNOW, WE'RE AT, AT THE, YOUR DISCRETION.
WELL, THANK YOU VERY MUCH FOR THAT INFORMATION.
OTHER QUESTION, THE OUT MR. BALDIN, DO I HAVE A RIGHT THAT A ALONG, UH, CLAUDE GOING EAST WEST, THERE ARE STOP SIGNS FOR ANY TRAFFIC TO GO IN AND MAKE THE TURN? THAT'S CORRECT.
BUT LEY IS A THROUGHWAY STREET AT TECH FAR.
IT IS A THROUGHWAY, BUT THERE IS STOP SIGNS ON LEY ABOUT EVERY TWO BLOCKS.
THE CARS DO NOT GET UP A LOT OF SPEED.
AND LIKE I SAID, THEN AS YOU'RE HEADING NORTH, IT DEAD ENDS OR HAS THE SEVERE, IT TURNS INTO ANOTHER STREET THAT TURNS RIGHT.
SO CARS DO NOT GET UP A LOT OF SPEED IN THAT, ON THAT STREET.
AND IN TERMS OF THE FENCE, HEIGHT AND OPACITY, UM, DID YOU OBSERVE A LOT OF OTHER SORT OF WOODEN FENCES AROUND THAT NEIGHBORHOOD? IT'S A AREA'S A, IT'S A, IT'S A MIXED MATCH.
UH, SOME OF THE OLDER HOMES HAVE WOODEN FENCES.
SOME OF THE NEWER HOMES TEND TO HAVE MORE OPEN DESIGNS.
UH, BUT WITH, LIKE I SAID, THE NEIGHBORHOOD IS TRANSITIONING AND MOST HOUSES DO HAVE FENCES.
IT'S JUST A MIXTURE OF, OF SOLID WOOD AND, UH, OPEN DESIGN.
ANY OTHER DIRECTION? HEARING NONE.
THANK YOU, MS. PAUL, WOULD ANYONE LIKE TO MAKE THE MOTION, PLEASE? NO, THANK YOU, MR. CHAIR.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA 25 DASH 0 0 3 6 ON THE APPLICATION OF ROBERT BALDWIN.
GRANT, THE REQUEST OF THIS APPLICATION TO CONSTRUCT INDOOR, MAINTAIN A SIX FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH HEIGHT AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
UM, SO SINCE WE HAVE A PENDING MOTION, WE HAVE AN OPPORTUNITY TO DISCUSS, I'LL FOLLOW, UH, FORMER VICE CHAIR AGNES LEAVE AND LET THEM MOVE IT, IF YOU WOULD.
SO DESIRE FIRST WITHOUT THE BASIS
SO I, I'M MOTIONED, UH, FOR THE SIX FOOT HIGH FENCE.
UM, NUMBER ONE, I FELT LIKE THE, THE HOMEOWNER HAS PRESENTED THE, UM, THE FACT THAT IT IS A NEIGHBORHOOD IN TRANSITION.
THERE'S DOCUMENTATION OF, UH, CRIME STATISTICS THAT, UM, PROVE THAT, UM, THAT THERE IS SOME ISSUES IN THERE.
UM, I THINK IT IS A WAY OF PROVIDING THEM A SENSE OF SECURITY.
UM, AND I DON'T THINK THAT IT'S NECESSARILY SOMETHING THAT WE NEED, WE NEED TO DO AS FAR AS REQUIRING THAT THEIR FENCE BE HALF WOOD, HAVE, UM, METAL.
UM, I THINK AT THIS POINT THAT SHOULD BE THEIR OPTION.
UM, SO I'M OKAY IN GRANTING, UM, THIS REQUEST, AND I'LL JUST SPEAK UP, OF COURSE, THIS ONE'S ON THE HEIGHT AND THE OPACITY OF THE, A SEPARATE QUESTION SHOWS THE VISIBILITY TRIANGLE.
FOR ME, THE STANDARD IS WHETHER GRANTING A SPECIAL EXCEPTION WILL ADVERSELY AFFECT ME PROPERTY.
I DON'T THINK THAT I'M GONNA BIG FENCE HERE DOES, ESPECIALLY LITERALLY THE THE ONLY PERSON WHO MIGHT, EXCEPT I'M SORRY, MR. SLADE, I CAN'T, I CAN'T HEAR YOU WELL.
YOU JUST MISSED OUT ON SO MUCH PROFUNDITY.
UH, I DON'T THINK SHE, I'M SURE IT WAS PROFOUND.
UM, HAVE YOU BEEN ABLE TO HEAR EVERYTHING ELSE AND IT'S, YEAH.
YEAH, IT JUST SEEMED LIKE YOU GOT A LITTLE BIT AWAY FROM THE MIC FOR, FOR A MINUTE.
BUT ESSENTIALLY I GAVE IT A, UH, VERBAL THUMBS UP.
WOULD ANYONE ELSE LIKE TO SPEAK ON THIS PARTICULAR MOTION,
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PLEASE, MR. SINGTON? UM, SO I, I HEAR, I HEAR YOU.I, I GUESS I'M, IT'S, IT'S A MATTER OF PERSPECTIVE WHETHER OR NOT IT, IT ADVERSELY AFFECTS NEIGHBORING PROPERTIES, UM, AS FAR AS THE HEIGHT IS CONCERNED, UM, ESPECIALLY, UM, SINCE THE NEIGHBOR NEXT DOOR, UM, FOUND IT NECESSARY TO COMPLY.
UM, UM, I DON'T KNOW WHAT IT DOES TO THE AESTHETICS, UM, TO HAVE, YOU KNOW, UM, ONE TYPE OF FENCE WITH, UM, WOOD AND THEN METAL AT THE TOP TO ACCOMMODATE THE REMAINING SIX FEET.
UM, THE NEIGHBOR NEXT DOOR, UM, YOU KNOW, LIVES OBVIOUSLY IN THE SAME, UH, NEIGHBORHOOD WITH THOSE SAME, UM, STATISTICS THAT, UM, MR. BALDWIN PRESENTED.
UM, I WAS UNABLE TO SEE WHAT TYPE OF CALLS THOSE WERE.
UM, I DO UNDERSTAND AND APPRECIATE THAT MR. BALDWIN MENTIONED THAT THE, UM, APPLICANT'S PROPERTY WAS BURGLARIZED.
UM, UH, I, I, I GUESS I, I COULD HAVE ASKED WHAT TYPE WAS THAT, AN EXTERIOR BURGLAR OR INTERIOR, UH, BURGLARY, BUT I GUESS IT DOESN'T MATTER IF YOUR PROPERTY'S BURGLARIZED, BUT, UM, I, I GUESS I, I STRUGGLE THERE AND, UM, WITH, UH, GRANTING THE ADDITIONAL BECAUSE I, I DON'T KNOW, I DON'T KNOW IF I, I DON'T KNOW IF I REALLY CAN, UM, JUSTIFY THE NECESSITY TO, TO ALLOW, UH, AND THEN IF WE GRANT THE SIX FEET, UM, CONSIDERING THE, UM, THE TRIANGLE, WHAT ARE WE DOING, UM, THERE, YOU KNOW, I MEAN, HOW DOES THAT AFFECT, UM, ANYTHING? UM, AND WHETHER OR NOT THEY, UM, WELL, THAT'S A DIFFERENT MOTION, SO WE'LL, WE'LL, WE'LL DEAL WITH THAT AS IT COMES.
BUT, UM, YEAH, I, I, I, I GUESS THAT'S, THAT'S, THAT'S WHERE I'M CHALLENGED THAT, UM, WITH, YOU KNOW, THE, THE NEIGHBOR NEXT DOOR WHO OBJECTS, UH, OBVIOUSLY TO THEM IT IS, UM, UH, IT, IT IS A, UM, UH, ADVERSE EFFECT ON THEIR PROPERTY.
UM, AND, YOU KNOW, UM, SO I'M, I'M STRUGGLING TO GET TO AN A YES ON THAT ONE.
NO, THAT MAKES GREAT SENSE, MR. SASHING, AND I APPRECIATE ALL OF THAT.
I GUESS, UM, I HAD NOT APPRECIATED FROM MR. BALDWIN'S PRESENTATION THAT THE EXISTING FENCE SHOWN IN THE PICTURES OF THE SUBJECT SITE
AND THEN NOW APPRECIATING THAT THAT NEIGHBOR'S FENCE IS ITSELF SIX, THAT'S WHAT SORT OF GIVES ME COMFORT THAT PRESUMABLY THE COMPLAINING NEIGHBOR ISN'T SAYING IT'S INAPPROPRIATE TO HAVE A SIX FOOT HIGH FENCE WHEN SHE HAS A SIX FOOT HIGH FENCE.
THOUGH I APPRECIATE YOUR POINT ABOUT THE OPACITY BEING A LITTLE BIT DIFFERENT TO HAVE THE FOUR FEET WOOD AND THEN THE, THE, UH, APPROXIMATELY TWO FEET AND METAL ABOVE.
UM, AND IF YOU WANT AT PAGE 70 IN THE DOCKET IS THE CRIME STATISTICS, AND I BELIEVE THE APPLICANT HIGHLIGHTED IN YELLOW, MAYBE ALSO GREEN, UM, THE SPECIFIC ONES THAT WERE AT THAT PROPERTY, IF YOU WANT TO SORT OF SEE WHAT THE DESCRIPTION WAS, UM, FORCED ENTRY, NO FORCED ENTRY, UM, ET CETERA, IT, THAT IS THERE.
BUT AGAIN, WHEN I CAME DOWN TO IT, I WAS LIKE, WELL, DO I THINK THAT GIVING A SIX FOOT HIGH FENCE ADVERSELY AFFECTS THE OTHER PROPERTIES IN THE NEIGHBORHOOD? AND MY SUBJECTIVE OPINION WAS NOT, BUT I APPRECIATE THAT YOU MIGHT HAVE A DIFFERENT, DIFFERENT TAKE ON, UM, MS. GARNER HAS HER MIC, I'M MUTED AND THEN I'LL GO TO YOU, MS. EVAN.
UM, JUST VERY QUICKLY, UM, THESE CRIME STATISTICS, THE MOST RECENT ONE WAS FROM, UM, FOR THAT PROPERTY WAS FROM, UH, NOVEMBER 19TH, 2021.
SO WE'RE TALKING, UM, OVER FOUR YEARS AGO.
I DON'T SEE ANYTHING RECENT AND THAT PROPERTY LOOKED PRETTY NEW.
UM, SO I'M WONDERING, YOU KNOW, WHAT WAS THERE AND WHEN THESE CRIMES OCCURRED? SO I'M NOT SURE HOW RELEVANT THIS CRIME DATA IS OTHER THAN THIS PERSON MOVED INTO A TRANSITIONING NEIGHBORHOOD, AND THIS IS WHAT GOES WITH THAT.
AND, UM, I DON'T KNOW REALLY HOW RELEVANT THAT IS, BUT I JUST WANNA ADD TO THE, THE CRIME STATISTIC FOR THAT PROPERTY.
MS. EVANS, THANK YOU VERY MUCH, MR. CHAIRMAN.
VERY, VERY GOOD POINT, UM, ABOUT THE FACT THAT THIS IS A NEW HOME, A NEWER HOME, AND, AND YES, IT'S A CHANGING NEIGHBORHOOD.
UM, MY BIGGEST CONCERN WAS THE SITE LINE, BUT I'M VERY, VERY, UH, COMFORTED BY THE FACT THAT THE, UM, THE TRAFFIC ENGINEER SUPPORTED THE, UM, JUST THE 45 FOOT VISIBILITY TRIANGLE TO 30 FEET WOULD NOT ADVERSELY AFFECT, UM, SAFETY IN THAT, IN
[00:30:01]
THAT AREA, WHICH IS GOOD.UM, AS FAR AS THE, THE FENCE, I HAVE NO PROBLEM WITH IT, BUT NOW I'M GONNA GET INTO MY AESTHETICS PART.
UM, I THINK IT WOULD LOOK BETTER TO HAVE THE FENCE BE CONSISTENT ALL ACROSS THAT SITE, AND PERHAPS THAT WOULD MAKE FOR A HAPPY NEXT DOOR NEIGHBOR, PERHAPS.
UH, AND UNLESS OTHER FOLKS HAVE COMMENTS ABOUT THE HEIGHT OF THE FENCE, I'LL HAVE MS. WILLIAMS CALL THE VOTE AND THEN WE WILL HAVE OTHER MOTIONS TO ADDRESS THE REQUEST ON THE VISIBILITY TRIANGLE AND THE O PASS.
UH, TWO MORE ITEMS HAVE BEEN REQUESTED.
MS. GARNEY, UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 0 0 3 6 ON APPLICATION OF ROBERT BALDWIN DENIED A SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION OF CLAUDE STREET AND SOUTH DENLEY DRIVE WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD CONSTITUTE A TRAFFIC HAZARD.
IS THERE A SECOND FOR THE MOTION TO DENY THE REQUEST? IN RESPECT TO THE VISIBILITY? I SECOND MR. SINGTON SECONDS.
UM, LET'S DISCUSS MS. GARNER AS THE MOVEMENT.
WOULD YOU LIKE TO SAY ANYTHING? UM, I THINK THAT, YOU KNOW, AS IT STANDS, A VISITED A VISIBILITY TRIANGLE AT CERTAIN INTERSECTIONS WITH CERTAIN SETBACKS THAT, YOU KNOW, 45 FEET OR 20 FEET DEPENDING ON WHERE YOU ARE, UM, WAS THERE FOR A REASON.
UM, I WAS REALLY GLAD THAT, UH, MS. EVANS HAD US GO BACK AND LOOK GOING SOUTH ON DENLEY TO MAKE A RIGHT ON CLAUDE AND SEE, UM, WHAT THAT COULD LOOK LIKE, MAKING A TURN.
NOW MAYBE THERE'S LOW TRAFFIC IN THAT AREA AREA, BUT IT'S A DEVELOPING NEIGHBORHOOD.
AND, UM, MY CONCERN IS THAT, YOU KNOW, SOMEBODY COULD, SOMETHING COULD HAPPEN, SOMEBODY'S LIFE COULD BE IN DANGER, UH, AN EVEN, YOU KNOW, AN ANIMAL OR WHAT, WHATNOT, AND THE RESPONSIBILITIES ON US TO PROTECT OTHERS FOR, FOR THE RULES THAT ARE IN PLACE.
AND SO THAT IS MY REASONING FOR, UM, DENYING THE, UH, THE PROPOSED 30 BY 30 VISIBILITY TRIANGLE.
MR. SINGTON IS THE PERSON WHO SECONDED.
WOULD YOU LIKE TO ADD ANYTHING TO THAT? UH, YEAH, SURE.
SO, UM, MY REASONING FOR THE NO IS THE HEIGHT.
THE HEIGHT ALONG WITH THE, UM, OPACITY FOR ME IS, IS THE ISSUE.
I DON'T HAVE A PROBLEM WITH THE 30 FOOT, UM, VISIBILITY TRIANGLE INSTEAD OF 45.
UM, MY ISSUE PRIMARILY IS THE HEIGHT ALONG WITH THE, UH, REDUCTION IN THE VISIBILITY TRIANGLE.
SO, UM, YOU KNOW, IF MR. BALDWIN AND HIS CLIENT WOULD ENTERTAIN POTENTIALLY DOING, UM, SOMETHING DIFFERENT THERE, UM, WITH OPACITY, THEN I COULD COME ALONG TO A YES.
UM, UM, ON THE, ON THIS MOTION.
UM, BUT ANYONE ELSE LIKE TO SPEAK ON THE VISIBILITY? UH, WELL, I'LL GO AHEAD.
I'M GOING TO BE VOTING AGAINST THE MOTION.
I'M GENERALLY PERSUADED IF CITY STAFF TO TAKE A VERY CONSERVATIVE VIEW OF WHAT IS APPROPRIATE IN TERMS OF PROTECT THE PUBLIC.
UM, THEY DON'T GET RUN OVER IN TERMS OF MAKING A RECOMMENDATION THAT THEY DON'T BELIEVE IT'S APPROPRIATE OR, WELL, I APPRECIATE THAT THE NEIGHBORHOOD IS CHANGING AND THAT COULD RESULT IN EVENTUALLY NO DENSITY.
I THINK THAT THE TESTIMONY THAT WE HAVE THAT THERE ARE STOP SIGNS ARE VERY COUPLE BLOCKS, AND THAT THERE ARE STOP SIGNS GOING, UM, EAST WEST ON THIS PARTICULAR STREET.
UM, AND WITH THE CITY'S SORT OF NO OBJECTION TO A 30 BY 30, BUT THAT MAKES ME THINK THAT THIS IS, THAT WOULD BE
[00:35:01]
OKAY.BUT I APPRECIATE OF COURSE, THE, THE DESIRES AND MEANS OF OTHERS WHO, UH, OF LIFE MIGHT NOT BE INJUNCTION WITH THAT.
AND IN TERMS OF THE, HERE, I UNDERSTAND MR. TON'S POINT OF KIND OF, IT'S THE, THE COMBINATION OF ELEMENTS THAT SEEMS TO GIVE PAUSE THERE OF THE VISIBILITY TRIANGLE, HEIGHT, OPACITY COMBINATIONS.
UM, AND SO IN THAT RESPECT, I'M, I'M GLAD THAT THE MOTION THAT I'VE HEARD CORRECTLY IS WITHOUT PREJUDICE, IF THIS MOTION IS GRANTED, COULD COME BACK AND MAKE A DIFFERENT PRESENTATION AS A WAY TO POSSIBLY DIFFERNTLY.
UM, ANYBODY WANT SAY ANYTHING ELSE IN RESPECT TO VISIBILITY TO TRIANGLE BEFORE WE CALL THE VOTE? JUST SO WE'RE CLEAR, THE VOTE IS TO DENY THE SPECIAL EXCEPTION REGARDING THE VISIBILITY TRIANGLE WITHOUT MS. WILLIAMS, PLEASE CALL VOTE MS. SEVENTH I NO,
SO JUST FOR COMPLETE CLARITY, THE MOTION IS TO DENY.
SO ARE YOU AGAINST THE MOTION? YES, I'M AGAINST THE MOTION.
SO I GUESS IT'S, I SO
NO, I THINK IT'S ACTUALLY AN A, IT'S AN A.
AND IT'S, AND THAT'S THE ONLY REASON WHY I, I AM TRYING TO CLARIFY TO MAKE SURE WE'RE ON THE SAME PAGE THAT THANK YOU THAT APPROPRIATELY REFLECTED.
OKAY, THEN NO, YOU'RE, YOU ARE NOT.
MR. MILLIKEN NAY, MR. HAS, AYE AYE.
MR. SLATE MAY MOTION TO DENY FAILS IN THAT CASE? UM, INSTEAD OF JUST HAVING IT GO THE OTHER WAY, I THINK I'M GOING TO HOP OVER TO THE OPACITY, HAVE US TALK ABOUT OPACITY, AND THEN WE CAN REVISIT THE VISIBILITY TRIANGLE INSTEAD OF JUST IMMEDIATELY.
OR ARE YOU ON THE RECORD? I CAN'T HEAR, I'M TRYING TO GET LEGAL ADVICE IN RESPECT OF THE ORDERING OF THE NOTION SINCE WE HAVE THREE POTENTIAL ONES.
AND WHETHER BY ENGAGING ON A SUBJECT MEANS WE HAVE TO LEAVE THE SUBJECT BEFORE MOVING UPON OR NOT.
I WAS FIGURING SINCE IT WAS WITHIN THE SAME CASE, WE HAVEN'T MOVED ON TO ANOTHER CASE.
IT'S STILL LIVE AND PART OF THE SUBJECT MATTER.
UM, SO I PLAN TO MAKE A MOTION IN RESPECT OF THE OPACITY JUST BECAUSE I THINK MAKING THE CONTRARY MOTION AND THEN GOING BACK AND GOING THROUGH TO THE OTHER WAY MIGHT NOT MAKE SENSE.
BUT WHO KNOWS WHAT WILL HAPPEN IF WE ENGAGE ON OPACITY? SO I WILL GO AHEAD AND MAKE A MOTION IN RESPECT OF THE OPACITY.
UH, AND THEN SEE A WE GO, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER DOA 2 5 0 0 0 0 3 6 ON OPPOSITION.
ROBERT VIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT IN OR MAINTAIN FENCE WITH THE PANEL HAVING LESS THAN 50% OPEN SURFACE PERIOD LOCATED LESS THAN FIVE FEET FROM THE FRONT BLOCK LINE IS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT OFFENSES OF EVALS DEVELOPMENT CODE.
BECAUSE OUR VALUATION OF PROPERTY AND TESTIMONY SHOW THE SPECIAL EXCEPTION WILL NOT ADVERSELY, I FURTHER MOVE THE FOLLOWING CONDITION BEING IMPOSED TO FURTHER THE PURPOSE OF INTENT OF
THE MOST RECENT VERSION OF ALL SUBMITTED PLANES ARE REQUIRE, IS THERE EVEN THAT MR. CHAIR? I SECOND.
SO, UM, AS THE MOVEMENT, I'LL GRAB THE MIC FOR THIS ONE.
I'M VIEWING THIS ONE SIMILARLY WITH THE, THE RUBRIC BRING, DOES THIS ADVERSELY AFFECT THE ING PUMP? AND KNOWING THAT WE ALREADY HAVE A FOUR FOOT WOODEN FENCE NEXT DOOR, UH, AND THEN TWO MORE FEET.
MY OWN SUBJECTIVE AESTHETIC IS THAT THAT KIND OF LOOKS A LITTLE ODD.
AND SO THE SINGLE PANEL WOULD, AND MY SUBJECTIVE OPINION LOOKS THIN.
AND SO ALSO EVALUATING IN TERMS OF LIKE WHAT ELSE WE WERE ABLE TO BE SEEN.
[00:40:01]
MY OPINION IS THAT THE SIX FOOT HIGH FULL OPACITY, UH, FULLY OPAQUE WOODEN FENCE DOES NOT ADVERSELYUM, NOW I DEFINITELY STILL APPRECIATE THE CONCERN THAT'S BEEN VOICED OUT OF TRIAL AND
AND WHERE I'M STRUGGLING A LITTLE BIT OF COURSE IN EVALUATING THAT IS REALIZING THAT WE'RE NOT SEEING WHAT IT LOOKS LIKE BASED ON WHAT THEY'VE REQUEST, RIGHT? BECAUSE WHAT'S CURRENTLY THERE, I THINK, AND WHAT'S BEEN BILLED IS ALL THE WAY TO THAT FORM AND WHAT'S BEING PROPOSED ACTUALLY MOVES THAT BACK THING.
I THINK IF I'M READING THE PLANS AND EVERYTHING.
AND SO THE, THE CONCERNS ARE VERY MUCH THERE ABOUT LIKE, IT'S COMING ALL THE WAY UP TO THAT POST IT'S WOOD, CAN'T REALLY SEE ABOUT CORN, BUT WE KNOW FROM THE, THE BLOW UP THAT WE'VE BEEN GIVEN, THEY'RE GONNA BE SHAVING OFF THAT CORNER TO ALLOW MORE VISIBILITY THROUGH TO THAT STREET THAN EXISTS RIGHT NOW IN THE PICTURE WE'VE SEEN.
AND THAT CITY STAFF, AGAIN, MR. MAR TAKES A VERY APPROPRIATELY CONSERVATIVE VIEW ON THAT.
SO FROM MY PERSPECTIVE, I THINK THAT'S WHY I'M IN FAVOR OF ALLOWING IT TO BE, UH, LESS THAN 50% OPEN, UM, AND THEN EVENTUALLY BE ENGAGED.
ANYONE ELSE LIKE TO SPEAK IN RESPECT OF THE, THE, THE OPACITY? MR. MILLER? YEAH, FOR OPACITY, FOR ME, THE, UM, LESS THAN 50% TO ME, THE, THE EXTRA TWO FEET YOU THINK OF THE AVERAGE, I DON'T KNOW, THE AVERAGE ADULT IS TALLER THAN FOUR FEET.
UM, SO THAT EXTRA TWO FEET OF SOLID IS GONNA GIVE THEM THAT ADDITIONAL SECURITY, WHICH IS ONE OF THE THINGS THAT THEY'RE SEEKING.
UM, AS FAR AS THE ADDITIONAL PART OF THE OPACITY AND THE TRIANGLE, IF WE WERE TO, LET'S JUST SAY NOT GRANT THAT AND STEP OUT OF THE BOX AND SAY, OKAY, WE'RE GOING TO REQUIRE THAT YOU PUT SHRUBBERY THERE, THEN THAT TAKES AWAY THAT TO ME, THAT SECURITY THAT THEY'RE SEEKING BECAUSE SHRUBBERY DOES PROVIDE A SENSE OF, UM, I DON'T KNOW, I GUESS PRIVACY, BUT NOT NECESSARILY SECURITY.
SO, UM, THAT'S ANOTHER REASON AS FAR AS THE OPACITY THAT I'M SEEKING TO, UH, GRANT THIS MOTION.
WOULD ANYONE OH, PLEASE, MR. SASHING, I THINK I SAW YOU COME OFF MUTE.
WOULD YOU LIKE TO SPEAK ON THIS? YEAH, I MEAN, AT THIS POINT, OBVIOUSLY, UM, IT WOULD MAKE A LOT OF SENSE TO, UM, BE A NO ON, ON THIS PARTICULAR MOTION.
UM, HOWEVER, I DO WANT TO SPEAK TO, UM, UH, MY COM MY PREVIOUS COMMENTARY REGARDING, UM, SHRUBBERY.
I MEAN, WE ALL, WE ALLOW OR SUGGEST, AND, UH, MR. BALDWIN, MAYBE NOT WITH THIS PARTICULAR CLIENT, BUT ON, UH, IN PREVIOUS CASES, ALTHOUGH NONE OF 'EM HAVE ANYTHING TO DO WITH EACH OTHER AS FAR AS PRECEDENT.
UM, WE, WE SUGGEST, AND MR. AND, UM, APPLICANTS, UM, USE SHRUBBERY AS SECURITY ALL THE TIME.
UH, THERE ARE ALL TYPES OF SHRUBBERY THAT ARE, THAT CAN BE USED.
I MEAN, YOU HAVE THE PORCUPINE BUSH, YOU HAVE, YOU HAVE, YOU KNOW, THISTLE, YOU, YOU HAVE, YOU KNOW, UM, HOLLY, THAT'S, THAT'S, THAT'S THORNY.
YOU HAVE A LOT OF DIFFERENT THORNY, UH, SHRUBS THAT COULD BE USED, UH, AND THAT, THAT, THAT WOULD CONTRIBUTE TO, UM, UM, A DETERRENT.
UM, BUT YOU KNOW, AGAIN, UH, IT WOULD KIND OF BE NONSENSICAL TO BE, UH, TO VOTE NO ON THIS ONE.
UM, BEING THAT WE, WE BASICALLY HAVE ALLOWED, UH, THE OTHERS, ALTHOUGH, UM, THE OPACITY AND THE HEIGHT FOR ME ARE, UM, ARE, ARE THE ISSUE, UH, YOU KNOW, NOT, NOT NECESSARILY, UH, ANYTHING ELSE.
THOSE, THOSE TWO THINGS IN COMBINATION WITH EACH OTHER CREATE THE ISSUE FOR ME.
WOULD ANYONE ELSE LIKE TO, UM, SPEAK ABOUT ANYTHING IN RESPECT OF THIS MOTION, WHICH WOULD RANT THE REQUEST THAT LESS THAN 50% OPEN SERVICE AREA, UH, BE ALLOWED, SEEING NO HANDS OR UNMUTES? MS. WILLIAM, COULD YOU PLEASE FOLLOW MATTER? AND MS. EVANS, THIS IS A TOUGH ONE, UM, FOR THE MAIDEN VOYAGE.
[00:45:02]
I, I'M VOTING, UH, AYE MS. GARDNER? AYE.MOTION TO GRANT PASSES? FIVE ZERO.
OKAY, AND THAT BRINGS US BACK TO THE, UM, MATTER IN RESPECT TO THE VISIBILITY TRIANGLE.
UH, AND SINCE THE LAST WAS DENIED, I'M GONNA GO AHEAD AND MAKE A MOTION.
UH, I MOVE THAT BOARD OF ADJUSTMENT APPEAL NUMBER BO A 2 5 0 0 0 0 3 6 ON APPLICATION OF ROBERT BALDWIN RANKED THE REQUEST TO MAINTAIN ITEMS AND THE 45 FOOT VISIBILITY TRIANGLE OF THE INTERSECTION, QUAD STREET AND SOUTH MOND DRIVE, AS A SPECIAL EXCEPTION TO VISUAL OBSTRUCTION REGULATION OBTAINED IN DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC CONSERVATIVE, I FURTHER MOVE THE FOLLOWING CONDITION BEING POED FOR THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO THE PORTION VIOLATION OF VISUAL OBSTRUCTION TRIANGLE OR CORRECT.
IS THERE REST? SECOND, MS. GARNER, THANK FOR ME.
THIS ONE COMES DOWN TO, UM, LOOKING AT THE AREA AND REALLY, UH, APPRECIATING THE CITY STAFF COMPLETED AND NOT OBJECTING TO, UM, THE REDUCTION TREE 30 BY 30 VISIBILITY TRIANGLE IN THIS PARTICULAR INTERSECTION.
I DON'T REALLY HAVE ANYTHING ELSE TO KIND OF OFFER PLUS OR MINUS OTHER THAN THE FACT THAT, LIKE I SAID, THAT WHAT'S THERE NOW WE CAN'T, WE HAVEN'T SEEN WHAT IT WOULD ACTUALLY LOOK.
UM, BUT I CAN APPRECIATE THAT FOLKS.
UM, I'LL BE VOTING AGAINST THIS MOTION.
UM, GIVEN THAT, UH, THIS PERSON, UH, THIS, THE APPLICANT RATHER HAS A SIX FOOT FENCE, UM, WITH SOLID CAPACITY, WHICH IS EXCELLENT FOR THIS CORNER LOT.
AND I THINK, UM, TO BE COMPLIANT WITH THE 45 FOOT VISIBILITY TRIANGLE DOES NOT CREATE ANY HARM.
UM, AND YOU KNOW, IF YOU LOOK AT THE, I'M LOOKING AT THIS, IF THIS SCHEMATIC IS TO SCALE THE, UM, ENLARGED IMAGE THAT MR. BALDWIN PROVIDED, THINK THAT, UM, WE'RE NOT REDUCING THE YARD AREA BY MUCH AND YOU KNOW, WE STILL HAVE A GREAT YARD, WE STILL HAVE IT NICE AND SECURE WITH, UM, KEEPING AN EYE ON SAFETY, UM, IN THE NEIGHBORHOOD BECAUSE YES, THERE'S STOP SIGNS, NO, THERE'S NOT VERY MUCH TRAFFIC, BUT THAT COULD CHANGE.
AND THEN YOU ALSO HAVE PEOPLE WHO DON'T FOLLOW STOP SIGNS AND SPEED IN NEIGHBORHOODS.
YOU KNOW, WE CAN'T GUARANTEE THAT EVERYONE IS GONNA BE 100% SAFE AND UM, UM, AT ALL TIMES.
SO I JUST THINK IT'S JUST AN, YOU KNOW, WE HAVE A, I I WILL STILL BE VOTING AGAINST FOR THAT, FOR THAT REASON.
WOULD ANYONE ELSE LIKE TO SPEAK ABOUT THE VISIBILITY TRIAL? THINK NONE.
MS. WILLIAMS, WOULD YOU PLEASE FOLLOW THE VOTE? MS. EVANS? UM, I, I VOTE NAY.
DID, OH, DID YOU HEAR ME? I'M SORRY.
MOTION TO GRANT? UM, I'D LIKE TO BECAUSE AS OUR CITY ASSISTANT, CITY ATTORNEY STATES, UM, THAT THIS MOTION DOES NOT PASS, THEREFORE, UM, SO WE HAVE AN OPPORTUNITY TO, UM, IT, IT DOES NOT PASS WITH PREJUDICE, RIGHT? IT'S JUST SO MAKE SURE I'M EXPLAINING THIS CORRECTLY TO EVERYONE.
BECAUSE THE MOTION TO FAIL DID NOT PASS OR MOTION TO APPROVE FAILED AND THE MOTION TO DENIED WITHOUT PREJUDICE FAILED THEN STATUS QUO.
SO THIS MOTION WOULD BE DENIED WITH PREJUDICE, MEANING MR. BALDWIN AND THIS PROPERTY OWNER COULDN'T COME BACK FOR TWO YEARS ON THE SAME SUBJECT MATTER UNLESS HE COMES IN AND TRIES TO GET A WAIVER
[00:50:01]
OR SOMEONE ON THIS BOARD CAN MAKE A MOTION TO RECONSIDER THE DENIAL, THE MOTION TO DENY WITHOUT PREJUDICE.BUT FIRST SOMEONE WOULD HAVE TO MAKE A MOTION TO RECONSIDER WE, THERE WOULD BE A SECOND WE WOULD VOTE ON IT WHETHER OR NOT WE WANT TO BRING THAT MOTION BACK.
AND IF THIS BOARD APPROVES THEN THE MOTION BEFORE YOU WOULD BE, UM, TO DENY WITHOUT PREJUDICE AND WE CAN TAKE A VOTE ON THAT AGAIN.
SO I'D LIKE A MO, UM, TO MAKE A MOTION TO RECONSIDER, UM, TO BRING BACK THE, UM, UH, MOTION TO DENY WITHOUT PREJUDICE.
I'LL QUESTION PLEASE, MR. SACHI.
UM, ARE WE VOTING TO, UM, DENY, UH, CHANGE THE MOTION TO, UH, WELL, ARE WE MOVING TO CHANGE THE MOTION, UH, TO A MOTION TO DENY WITHOUT PREJUDICE? OR ARE WE MOVING TO UM, DO SOME OTHER, UH, MAKE ENOUGH A DIFFERENT MOTION? IT WOULD BE A REVERSION TO MS. GARNER'S ORIGINAL MOTION, WHICH WAS WITHOUT PREJUDICE, WHICH WOULD AFFORD THE APPLICANT THE OPPORTUNITY IF THE APPLICANT WERE SO INCLINED TO PRESENT AN UPDATED PLAY OR APPROACH TO SHOW WHY WE SHOULD PERMIT THAT CHANGE, WHICH MORE LIKELY THAN NOT WOULD INCLUDE SOME VARIANT OF THE LEVEL OF OPACITY OR VISIBILITY OR SOMETHING ELSE THAT WOULD CONVINCE US THAT, OH, IT'S OKAY TO ALLOW YOU TO MOVE THIS FENCE OUT BECAUSE YOU'VE DONE SOMETHING ELSE THAT MADE US CONTENT, WHATEVER THAT MAY BE.
IF THE APPLICANT SO DECIDE THEY COULD ALSO JUST SAY, FINE, I'M TAKING THE, I'LL COMPLY WITH THE EVERYTHING THAT'S ALREADY BEEN GRANTED AS SPECIAL EXCEPTION.
IT JUST, UH, I BELIEVE MS. GARNER'S MOTION TO BE CONSIDER IS TO AFFORD THE APPLICANT THE MAXIMUM FLEXIBILITY TO EVALUATE WHAT THEY'RE GOING TO DO IN PART OF THE BOARD'S ACTIONS.
I JUST WANTED TO BE SURE WE WERE CLEAR ON THAT.
WE, WE WEREN'T, UM, YEAH, I JUST WANTED TO BE SURE WE WERE CLEAR.
NO, NO, THAT MAKES PERFECT SENSE.
SO I PRESUME NO ONE WANTS TO TALK ABOUT THE PROCEDURAL RECONSIDERATION COMPONENT AND THAT WE CAN ALL, WE CAN ALLOW MS. WILLIAMS TO CALL THE VOTE ABOUT PERMITTING US TO CONSIDER MS. GARNER'S ORIGINAL MOTION TO DENY WITHOUT THAT.
SO WHEN WE VOTE ON THIS MOTION, DOES THAT MEAN I DON'T HAVE TO RESTATE THE ORIGINAL MOTION AND WE VOTE ON THAT THIS IS THE VOTE, CORRECT? NO, THIS IS, THIS IS THE PROCEDURAL, UH, OKAY.
AND WE'RE GONNA AGREE WE CAN BRING BACK UP THAT ORIGINAL MOTION THAT WAS, UM, DENIED THREE TO TWO, UM, TO RECONSIDER THAT.
SO IF YOU WANNA LET US GO BACK AND THINK ABOUT WHAT MS. GARNER ORIGINALLY POST, SAY, AYE, MS. EVANS NAY.
DID, DID YOU HEAR ME? WOULD YOU, UM, NA MEANS YOU DON'T WANT US TO GO BACK AND YOU'D LIKE THIS TO BE LOCKED DOWN.
I, YES, I
MR. TON? AYE MR. SLAVES AYE, MOTION TO RECONSIDER THE PREVIOUS MOTION, UM, IS GRANTED, UH, FIVE TO ZERO.
UM, JUST FOR CLARITY OF THE RECORD, MS. FERNER, WOULD YOU MIND? YES, SIR.
REPEATING THE MOTION THAT IS NOW ON THE TABLE.
ALL RIGHT, MR. CHAIRMAN, I HAVE A MOTION, UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 0 3 6 ON APPLICATION OF ROBERT BALDWIN DENIED A SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION OF CLAUDE STREET AND SOUTH DENLEY DRIVE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION COULD CONSTITUTE A TRAFFIC HAZARD AND SINCE WE'RE ALREADY RECONSIDERING IT, WE DON'T NEED A SECOND WOULD, AGAIN, THE REASON IT IS BACK IS TO AFFORD THE APPLICANT THE FLEXIBILITY SHOULD THE APPLICANT WANNA PRESENT ANYTHING ELSE, UM, TO COME BACK IN LESS THAN YEARS, UM, TO TRY TO CONVINCE THIS PANEL C OF ALLOW THE, THE RESERVATION.
UM, I'M GONNA BE VOTING IN FAVOR OF THIS PARTICULAR MOTION EVEN THOUGH I WASN'T GO FIRST GO ROUND BECAUSE OBVIOUSLY I CANNOT CARRY THE DAY ON THE VISIBILITY TRIANGLE.
UH, AND SO WE WILL, WOULD PREFER TO LET THE APPLICANT HAVE IT WITHOUT
WOULD ANYONE ELSE LIKE TO SPEAK OR ANY CLARIFICATION ON
[00:55:01]
ANYTHING BEFORE I ASK MS. WILLIAMS ALL VOTE? AND MS. EVANS? THEY'RE NOT USUALLY LIKE THIS.I DON'T RECALL A SINGLE RECONSIDERATION I'VE EVER DONE HOWEVER LONG I'VE BEEN SERVING ON THIS
UM, I I GOT DISTRACTED WITH SOMETHING.
UM, COULD YOU RESTATE WHAT WE'RE DOING? I, I, I DO APOLOGIZE TO EVERYBODY.
UM, SO THE MOTION THAT'S PENDING IS MS. GARNER'S ORIGINAL MOTION, WHICH WAS TO DENY THE ADJUSTMENT OF THE VISIBILITY TRIANGLE FOR 45 TO 30, UM, WITHOUT PREJUDICE, THUS ALLOWING APPLICANT THE ABILITY TO RETURN AND MAKE SOME OTHER PRESENTATION SHOULD THE APPLICANT SERVE ITSELF.
MS. WILLIAMS, WOULD YOU PLEASE CALL THE VOTE ON THE REQUEST TO DENY THE RELIEF AND RESPECT OF VISIBILITY.
TITLE WITHOUT PREP? MS. EVANS? AYE.
MOTION TO DENY WITHOUT PREJUDICE IS GRANTED? UH, FIVE TO ZERO.
THAT WAS, I MISSED MR. AGNI BEING THANK YOU MR. BALDWIN.
UM, THAT BRINGS US TO OUR NEXT CASE, WHICH IS BOA 25 0 0 0 0 87 AT 59 15 DECO DROP.
UM, DO WE HAVE ANY SPEAKERS IN FAVOR OR THE APPLICANTS FOR THIS PROPERTY? I BELIEVE THE APPLICANT'S, THE APPLICANT AND MR. SUPPORTER? YEAH.
UM, IT MIGHT BE EASIEST FOR ANYONE LOOKING TO SPEAK IN FAVOR TO COME ON UP AND RAISE THE RIGHT HAND.
AND I THINK YOU NEED TO GIVE YOUR NAME AND ADDRESS, WHICH YOU CAN USE YOUR WORK ADDRESS IF YOU'D LIKE.
AND THEN YOU'LL RAISE YOUR RIGHT HAND AND BE SWORN IN TO TELL THE TRUTH, NO TRUTH AND, UH, THE WHOLE TRUTH.
AND THEN WE CAN LET YOU SPLIT UP AND DECIDE WHO WANTS TO GO FIRST OR ANYTHING LIKE THAT IN FAVOR.
YEAH, THAT MIGHT BE EASIER SO THAT WE CAN POSE QUESTIONS.
YOU CAN POP UP OR DOWN OR DO I NEED TO PUSH THIS TALK OR? YES, PLEASE.
IT'S JUST, JUST MAKE SURE THE LIGHT IS GREEN.
THE SCREEN ALREADY, RIGHT? YEAH, YOU SORRY? JUST, JUST LEAVE IT AS LONG AS IT'S CLEAN.
UH, MY NAME IS KRISTEN TYLER AND I AM THE APPLICANT.
I RESIDED WELL, I WILL BE RESIDING AT 5 9 1 5
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
YOU WANT EVERYONE TO DO THAT BOOK? OH, AT THIS POINT YOU CAN GO AHEAD AND WE CAN, WE CAN DO IT.
IT JUST, IT WAS WHATEVER WAS GONNA BE EASIEST.
I DIDN'T KNOW HOW YOU ALL WANTED TO SET UP YOUR PRESENTATION.
UM, SO I SUBMITTED A PRESENTATION, BUT EARLIER WHEN I WAS JOINING FOR THE WEBEX OF THE PRE, THE DIFFERENT PRESENTATION WAS GIVEN AND I WOULD ACTUALLY PREFER TO SPEAK AFTER MY CONTENT IS PRESENTED SO THAT YOU HAVE CONTEXT FOR MY COMMENTARY.
UM, AND APOLOGIES FOR THE CONFUSION.
SO THE BRIEFING EARLIER IS PUT TOGETHER BY CITY STAFF TO PRESENT.
SO HOPEFULLY, DO WE HAVE HER PRESENTATION TO BE ABLE TO PULL UP FOR HER TO I HAVE, I HAVE IT WITH ME AS WELL, BUT I DID SUBMIT IT.
YOU, YOU RESPONDED TO ME ABOUT IT AND THEN I ALSO HAVE IT WITH ME.
WHAT WOULD BE THE EASIEST WAY? WOULD IT BE TO LET DR. AUSTIN LOOK IT UP? OKAY, PERFECT.
JUST GIVE US ONE SECOND WHILE, NO PROBLEM.
UM, WHILE WE'RE WAITING FOR THAT MS. SELLER, HAVE YOU HAD THE OPPORTUNITY TO EVEN SEE THE LETTERS IN OPPOSITION? UM, SO I HAVE NOT SEEN THEM, BUT I HAVE SPOKEN WITH MANY OF MY NEIGHBORS, SO I'VE HAD CONVERSATIONS ABOUT THEM.
SO MY, MY ONLY CONCERN, AND YOU'LL HAVE TO LET ME KNOW IF IT MATTERS, SHE, THIS IS MY PRESENTATION IS THAT DURING THE EXCHANGE OF THIS, THE, THE REASON I I KNEW THAT DR.
[01:00:01]
RECEIVED IT IS 'CAUSE SHE, THE FIRST VERSION SHE WAS NOT ABLE TO OPEN AND SHE ASKED ME TO RESEND IT AS A PDF.SO IN THIS PDF VERSION, I HAVE EMBEDDED VIDEOS, BUT PDF DOES NOT ALLOW YOU TO SEE THOSE.
SO I DON'T REALLY KNOW IF MAYBE YOU GUYS CAN TELL ME IF YOU THINK THAT'S MATERIAL FOR YOU TO SEE THEM WHEN WE REACH THAT POINT IN THE PRESENTATION.
UM, LET US, WHEN WE COME TO IT, UM, WE CAN ENGAGE THEN OR SEE WHAT WE NEED TO DO ON THE IT SIDE BECAUSE WE WANNA LIKELY BE ABLE TO PRESENT THE EVIDENCE IF YOU'D LIKE TO PRESENT THE SUPPORT.
IS THIS THE PDF VERSION OF THE PRESENTATION OR IS THIS THE I BELIEVE IT IS.
I MEAN, I WON'T BE ABLE TO CONFIRM ENTIRELY INTO, UNLESS I CAN SEE THE FILE NAME, BUT I WON'T BE ABLE TO CONFIRM ENTIRELY UNTIL WE GET IT TO A VIDEO SLIDE.
IF IT'S A PDF, I DON'T THINK YOU CAN SEE THE VIDEO AND IF IT'S A POWERPOINT THEN YOU CAN.
UM, UNFORTUNATELY WHAT THIS PUTS YOU IN THE POSITION OF HAVING TO TELL SOMEONE ELSE HOW TO DRIVE YOUR POWERPOINT.
SO IF YOU WANT US TO MOVE AHEAD A SLIDE OR OTHERWISE JUST SAY SO AND UH, WE CAN LOOK THROUGH.
UM, SO THIS IS A SUBJECT PROPERTY AND THERE'LL BE OTHER PICTURES OF IT LATER IN THE VIDEO.
UM, WE ARE CURRENTLY, I'M JUST RESPONDING TO SOME QUESTIONS I HEARD EARLIER, BUT WE ARE CURRENTLY REMODELING THE PROPERTY.
THE FINS THAT YOU SEE IN THIS PICTURE AND IN FUTURE PICTURES WAS THE EXISTING FENCE.
AND THE PROPOSAL IS TO BUILD A DIFFERENT FENCE IN THE SAME LOCATION.
SO THE REQUEST IS FOR TWO SEPARATE EXCEPTIONS.
THE FIRST IS A REQUEST FOR THE FENCE HEIGHT TO BECOME SEVEN FOOT TWO INCHES INSTEAD OF THREE FOOT TWO INCHES, OR I'M SORRY, INSTEAD OF FOUR FEET, WHICH MEANS A THREE FOOT, TWO INCH EXCEPTION TO THE CODE.
THE SECOND REQUEST IS THAT THE PROPOSED FENCE WOULD BE 100% OPAQUE, WHICH IS A 50% EXCEPTION TO THE CODE.
THE CODE I'M REFERRING TO IS SECTION FIVE ONE A DASH 4 6 0 2.
YOU CAN CLICK FOR, UM, THE REASON FOR THE REQUEST IS A SECURITY REASON.
UM, I'M A MOTHER OF TWO YOUNG BOYS AND MY HUSBAND IS BY THE NATURE OF HIS BUSINESS IS A VERY PUBLIC FIGURE.
SO IN LIGHT OF THAT IN AND OF ITSELF, BUT THEN ALSO A LOT OF CURRENT EVENTS GOING ON, THE MURDER OF BRIAN THOMPSON, THERE ARE A LOT OF DIFFERENT THINGS THAT I CURRENTLY DO IN MY LIFE TO ENSURE THAT MY FAMILY IS FOLLOWING SECURITY BEST PRACTICES IN OUR LIFE.
AND SO WITH REGARD TO THIS FENCE, UM, WE HAVE SECURITY ADVISORS THAT ARE PROFESSIONALS IN THIS FIELD AND THEY HAVE ADVISED THREE POINTS.
ONE IS THAT SECURITY STANDARDS SUGGEST THAT A WALL HEIGHT OF SEVEN FOOT OR HIGHER DIMINISHES THE ABILITY FOR SOMEONE TO SCALE THE FENCE.
NUMBER TWO, THOSE SAME STANDARDS SUGGEST THAT AN OPAQUE WALL LIMITS THE ABILITY FOR SOMEONE TO ESTABLISH A LINE OF SIGHT ON INDIVIDUALS WITHIN THE PROPERTY FROM OUTSIDE THE PROPERTY LINE.
UM, THAT'S A POLITE WAY OF SAYING IT'S HARDER FOR PEOPLE TO SHOOT YOU.
NUMBER THREE, SECURITY STANDARDS SUGGEST THAT INDIVIDUALS WITH HIGH PROFILE PUBLIC JOBS ARE AT GREATER RISK FOR SECURITY BREACHES.
FOR THE EXAMPLE I ALREADY GAVE.
AND THESE SECURITY CONCERNS ARE NOT NECESSARILY JUST FOR MY HUSBAND, THEY'RE ALSO FOR MYSELF AND MY YOUNG CHILDREN.
UM, YOU CAN CLICK BOTH TO THE NEXT SLIDE.
UM, I, I DID HEAR AT THE BEGINNING WHEN YOU SAID THAT, UM, THIS ORGANIZATION, THIS GROUP, I DON'T KNOW HOW YOU CALL YOURSELF, THIS BOARD DOES NOT MAKE DECISIONS BASED ON PRECEDENTS.
AND I COMPLETELY UNDERSTAND THAT I AM SHOWING SOME EXAMPLES OF WHAT THE NEIGHBORHOOD LOOKS LIKE BECAUSE OF THE CONVERSATIONS I'VE HAD WITH MY NEIGHBORS.
SO MY NEIGHBORS, IF THEY ARE NOT IN FAVOR OF SUPPORTING THIS REQUEST, IT'S BECAUSE THEY'RE TELLING ME THAT THEY, THEY LIKE, THEY DON'T WANT THE LOOK AND FEEL OF THE NEIGHBORHOOD TO DIFFER.
AND WITH THESE EXAMPLES, I AM ASSERTING THAT THE LOOK, THIS IS NOT GOING TO CHANGE THE LOOK AND FEEL OF THE NEIGHBORHOOD.
SO ON THE STREET BEHIND THE PROPOSED PROPERTY, WHICH IS WATSON AND PERHAPS HAVE SEEN IT IN THE VIDEO FROM THE EARLIER MEETING, THERE IS A WALL, UM, YOU SEE IT IN THE UPPER CORNER THERE.
[01:05:01]
9 3 2 3 PRESTON ROAD.THAT WALL IS IN EXCESS OF I BELIEVE EIGHT FEET.
IT'S OPAQUE, IT'S BRICK AND IT EXTENDS 40% THE DISTANCE OF THAT STREET IN THAT BLOCK.
UM, THERE ARE SOME OTHER EXAMPLES HERE.
THE SECOND ONE THERE IS AT THE END OF MY STREET WHERE THEIR PILLAR, YOU KNOW, I HAVE NO IDEA IF PEOPLE ARE GRANDFATHERED OR RECEIVED VARIANCES.
I'M NOT REALLY SPEAKING TO HOW THESE THINGS HAPPEN.
I'M MERELY STATING THAT THEY EXIST.
SO THIS PILLAR IS IN EXCESS OF, WHAT HAVE I MARKED THERE? I THINK IT MIGHT BE EIGHT FEET.
UM, NUMBER THREE DOWN BELOW IS THE STREET IMMEDIATELY TO THE SOUTH OF DESCO, WHICH IS PARK ON THAT STREET.
THERE ARE FOUR OUT OF EIGHT HOUSES THAT HAVE WALLS IN EXCESS OF THE CODE.
AND THIS IS ONE EXAMPLE OF THEM.
UM, IF WE CONTINUE TO THE FOURTH EXAMPLE THERE, IT'S DOUGLAS, WHICH DESCO, IF YOU'RE LOOKING AT THE BLOCK THAT MY HOUSE IS ON TO THE EAST, IT DEAD ENDS INTO PRESTON ROAD INTO THE WEST.
SO DOUGLAS IS THE NORTH SOUTH STREET THAT YOU CAN SEE IN THE CALL OUT THERE.
THAT IS JUST ONE EXAMPLE OF SEVERAL WALLS OF SIMILAR NATURE ON THAT STREET.
AND THAT WALL THERE IS IN EXCESS OF, I CANNOT SEE FROM HERE, I'M SORRY, BUT I THINK IT MIGHT BE 10 FEET.
AND THERE ARE OTHERS THAT ARE VERY SIMILAR.
AND THEN FINALLY AT THE TOP YOU SEE 87, 87 JORDAN, WHICH, UM, ON ONE SIDE FRONTS, UM, DOUGLAS, AND THEN IT'S FORWARDED IN OTHER AREAS.
BUT THAT FENCE ITSELF IS OVER 15 FEET HIGH AND THE PILLARS ARE OVER 20 FEET HIGH.
IF YOU CAN CLICK FORWARD, IF I COULD JUST PAUSE FOR ONE SECOND TO CLARIFY A COUPLE THINGS SURE.
IN RESPECT TO IN PARTICULAR THE BOARD, THE PRECEDENT COMMENT IS THAT LIKE, LET'S SAY, LET'S SAY THE DECO PROPERTY THAT IS ON THE SCREEN IN FRONT OF US, THAT'S NUMBER TWO.
LET'S SAY THEY HAD COME TO US FOR SOME TYPE OF RELIEF, SIR.
SO IF WE HAD SAID YES TO THEM, THAT WOULDN'T SET A PRECEDENT THAT MEANT WE'D HAVE TO SAY YES TO.
SO WE, IF WE HAD SAID NO TO THAT.
AND THE OTHER JUST THING I WANT TO CLARIFY IS YOU SUFFERED THROUGH A RATHER LONG, UH, PRESENTATION FOR THE FIRST ONE.
YOU MIGHT HAVE HEARD AT THE VERY, VERY END, WE SAID COMPLIANCE GET PIPE AGAINST
WHAT THAT MEANS IS THAT THEY'VE PRESENTED SOME TYPE OF PLAN.
SO OCCASIONALLY, FOR EXAMPLE, WE'LL GET A FENCE THAT'S PRESENTED TO US THAT HAS OPAQUE PILLARS AND MAYBE IRON ROT ELSEWHERE.
AND SO THE COMPLIANCE IS TO MATCH UP WITH WHATEVER THAT'S BEING GIVEN.
SO IT MIGHT BE THAT WE'VE GIVEN THE LEAF IN SOME, SOME SORT OF LIKE, I JUST WANTED TO CLARIFY THOSE COUPLE THINGS.
UM, IT'S HELPFUL FOR THANK YOU.
PLEASE CONTINUE IN THAT OF COURSE, MATTER.
UM, THIS IS ONE THAT WOULD BE A VIDEO IF IT WASN'T.
SO THERE'S THREE OF THESE IN A ROW AND THEY JUST SHOW DIFFERENT VIEWS.
LIKE PARK LANE IS THE STREET IMMEDIATELY TO THE SOUTH OF DESCO.
THERE'S ONE OF DESCO AND THERE'S ONE OF WATSON, WHICH IS IMMEDIATELY TO THE NORTH.
I CAN SKIP FORWARD AT THIS TIME AND WE CAN COME BACK IF SOMEONE WANTS TO SEE THEM, WHATEVER THE BOARD THINKS IS THE MOST BENEFICIAL.
UM, BEFORE WE FIGURE THAT OUT, HELP US APPRECIATE WHAT YOU ARE HOPING US TO SEE OR APPRECIATE FROM THAT.
UM, BECAUSE WE CAN ACCEPT YOUR TESTIMONY AND DE OBSERVING WHAT IT IS THAT I'M PRESUMING YOU'RE GONNA TELL ME.
ALL THIS STUFF HAS LOTS OF FENCES, BUT PLEASE, I MEAN, IT, IT IS WHAT I'M GONNA TELL YOU IT IS BECAUSE WHEN I'M SPEAKING TO, SO WHEN I SPEAK TO THE NEIGHBORS THAT ARE IN SUPPORT OF MY FENCE, THE REASON THEY GIVE IS THAT THEY BELIEVE IN, IN THE NEED FOR SECURITY.
AND THEY SHARE THAT BELIEF AND THEY SUPPORT THAT.
THEY, THEY HAVE IT THEMSELVES AND THEY'RE SAYING, YES, WE SUPPORT YOU GETTING SECURITY.
AND THEN WHEN I'M CONVERSING WITH THE NEIGHBORS THAT ARE NOT IN AGREEMENT, THEY'RE, THEY'RE IGNORING THE FACT THEY DON'T MAKE COMMENT AT ALL TO THE FACT THAT I'M SEEKING SECURITY.
AND THEY INSTEAD SAY THAT THEY WANT TO NOT HAVE WALLS IN THEIR NEIGHBORHOOD.
BUT I'M TRYING TO DEMONSTRATE THAT THERE ARE MANY, MANY, MANY WALLS IN THIS NEIGHBORHOOD ALREADY.
SO ON THE ONE HAND, I WOULD SAY THESE TWO DIFFERENT, YOU KNOW, THE EYES AND THE NAYS, THESE DIFFERENT LETTERS, THESE ARE NOT APPLES TO APPLES.
SO SENDING IN A LETTER TO SAY THAT YOU AESTHETICALLY DON'T LIKE MY PROPOSAL IS NOT THE SAME AS ME ASKING
[01:10:01]
FOR SOMETHING FOR MY SECURITY OR MY OTHER NEIGHBOR SUPPORTING MY NEED FOR SECURITY.SO I LEAVE IT TO THE BOARD TO DECIDE IF YOU NEED TO SEE THAT, YOU KNOW, X PERCENTAGE OF THIS NEIGHBORHOOD HAS VERY HIGH OPAQUE WALLS IN IT ALREADY OR NOT.
AND I'LL, I'LL LET OTHERS EVENTUALLY SPEAK TO IT, BUT, UH, I WILL NOTE THAT COURSE WE'RE ABLE TO TAKE INTO ACCOUNT THE DRIVE BY THAT THE CITY YES.
WAS ABLE TO DRIVE UP AND DOWN A NUMBER OF STREETS.
AND OF COURSE YOU HAVE, UM, SUBMITTED A NUMBER OF DIFFERENT PICTURES REFLECTED THAT AREA.
SO WE CAN REVERT TO THAT, BUT I THINK WE UNDERSTAND THE POINT AND WE CAN REVISIT, BUT PERFECT.
UM, SO I WOULD CLICK FORWARD ONCE MORE AND THEN ONCE MORE AGAIN, AND THEN ONCE MORE.
THIS IS, UM, THE OVERHEAD VIEW OF THE PROPOSED FENCE LINE.
SO THE RED LINE THAT YOU SEE IS IN THE SAME POSITION AS THE EXISTING FENCE RUNNING ALONG DSCO DRIVE.
AND THEN YOU CAN SEE THAT ON THE WEST SIDE, WHICH IS THE LEFT FOR YOU WHEN YOU'RE LOOKING AT IT, THAT IT JUTS IN FOR THE GATE AREA TO ALLOW ANY VEHICLES THAT ARE ENTERING THE PROPERTY TO PULL SAFELY OFF THE STREET WHEN ENTERING THE VERY BOTTOM OF THE DIAGRAM SHOWS THE, I FORGET WHAT YOU CALL THAT, BUT THE FRONT FACING VIEW OF THE SAME PROPOSED FENCE.
UM, IF YOU COULD CLICK FORWARD, THIS IS THE PHOTO THAT YOU SAW AT THE BEGINNING OF THE SLIDE PRESENTATION.
IT'S JUST A SLIGHTLY LARGER PICTURE, UH, SHOWING THE EXISTING FENCE AT 5 9 1 5 DESCO.
THE CURRENT FENCE IS FOUR FEET HIGH.
IT SITS AT THE PROPERTY LINE AND IT'S 0% OPAQUE.
MY PROPOSED FENCE THAT I'M REQUESTING EXCEPTION FOR IS PROPOSED AT SEVEN FOOT TWO INCHES HIGH AS SEEN IN THE PREVIOUS DIAGRAM, ALSO SITS IN THE SAME LOCATION AT THE PROPERTY LINE.
AND THE REQUEST IS FOR IT TO BE 100% OPAQUE.
UM, THIS IS ANOTHER VIDEO OF, YOU KNOW, JUST SHOWING YOU THE FRONT OF THE HOUSE, WHICH I'M TOTALLY FINE TO SKIP FORWARD ON THIS FOR NOW.
UH, I THINK THIS IS JUST THE SAME THING.
IT'S ALSO A VIDEO SHOWING THE APPROACH.
THIS IS, UM, AN INDICATION OF THE VISIBILITY TRIANGLE GUIDELINES.
I'M NOT REQUESTING ANY EXCEPTIONS TO THE VISIBILITY.
I JUST WANTED TO SHOW THAT THE EXISTING PROPERTY IS ALREADY IN, UM, IT IS CORRECT.
IT'S, IT'S ADHERING TO THE CODE AND THE FUTURE PROPOSAL IS THE SAME.
MR. SINGTON, I BELIEVE I SEE A A, OH, I'M SORRY.
WOULD YOU LIKE TO ASK A QUESTION? YES, MS. TYLER, UM, IF YOU DON'T, IF YOU DON'T MIND, UH, COULD YOU GO BACK TO THE ELEVATION AND, UM, CLAN VIEW OF THE PROPERTY FOR THE PROPOSED, UM, FENCING? YES, SIR.
AND I'M GONNA TRY AND ZOOM IN A BIT.
SO WHAT YOU ARE REQUESTING IS SEVEN TWO, I'M JUST, SO THE, SO THE ENTIRETY OF THE FENCE, YOU'RE ASKING FOR ZERO, UM, PERCENT, UM, OPACITY, YEAH.
FOR THE REASON THAT I STATED AT THE BEGINNING ABOUT THE SITE LINE CONCERNS FOR SECURITY, YES.
AND, UM, DO, SO DO YOU HAVE, UM, I UNDERSTAND, I I HAVE CHILDREN TOO, SO I UNDERSTAND THE NEED FOR SECURITY.
UM, I, I GUESS WHAT I WANNA KNOW IS, UM, DO YOU HAVE CONCERNS ABOUT, UM, CRIME OR VIOLENT CRIME IN YOUR COMMUNITY? UM, I DON'T KNOW IF I DO.
I THINK THAT GIVEN THE NATURE OF MY HUSBAND'S JOB, IT DOESN'T NECESSARILY MATTER WHAT EXISTS IN THE COMMUNITY I LIVE IN, HE IS PROMINENT ENOUGH THAT HE WOULD, HE COULD BRING VIOLENCE TO ANY COMMUNITY IF THAT WAS SOMETHING SOMEONE WANTED TO DO, JUST LIKE, RIGHT.
AND YOU, MY EXAMPLE THAT BRIAN THOMPSON BROUGHT VIOLENCE TO HIMSELF ON THE STREET IN NEW YORK.
SOMEONE COULD SEEK HIM OR MYSELF OR MY CHILDREN OUT ANYWHERE THAT WE ARE.
[01:15:01]
POSSIBILITY EVEN IN TODAY'S WORLD.AND SO I'M CONSTANTLY DOING EVERYTHING I CAN TO ADHERE TO ANY ADVICE THAT'S GIVEN TO ME BY PROFESSIONAL SECURITY ADVISORS SO THAT I CAN SLEEP WELL AT NIGHT KNOWING THAT MY FAMILY IS SAFE.
BUT YOU DO UNDERSTAND THE CONCERN, UM, WITH A, UM, FORTRESS TYPE FIELD THAT SOME, SOME OF YOUR, UM, NEIGHBORS MAY HAVE WITH, UM, WITH, YOU KNOW, WITH THIS MUCH OF, UH, WELL, WITH THIS AMOUNT OF, WELL WITH NO OPACITY TO THE, TO THE FENCING.
YOU DO APPRECIATE THAT, RIGHT? I THINK WHAT I WOULD SAY IS THAT I UNDERSTAND THAT CHANGE IS ALWAYS DIFFICULT FOR ALL OF US, TO BE HONEST.
I TAKE UMBRIDGE WITH YOUR USE OF THE TERM FORTRESS.
I DON'T THINK THAT'S A FAIR CHARACTERIZATION OF WHAT'S BEING PRESENTED HERE.
AND I'VE SEEN MANY EXAMPLES IN THIS NEIGHBORHOOD OF SIMILAR AND MUCH LARGER THINGS, AND I DON'T CHARACTERIZE THEM THAT WAY EITHER.
YEAH, NO, I, IT'S NOT MY CHARACTERIZATION.
UH, I, I DON'T WANNA WANNA STATE THAT, THAT THAT'S THE WAY I FEEL.
I MEAN, AS, AS A PRESUMPTION FROM THE, FROM THE, UH, LETTERS.
SO, UM, I, I TAKE YOUR POINT THOUGH.
UM, I, I THINK THAT MOST IMPORTANTLY, I I, I DEFINITELY HAVE HAD, YOU KNOW, CONVERSATIONS WITH MY NEIGHBORS AND DISCUSS THIS, BUT I DIDN'T GET THE SENSES FROM MY NEIGHBORS THAT THEY WERE RESPECTFUL OF MY NEED TO FEEL SAFE.
THEY, BUT YET, AND I ALSO DON'T THINK THAT SAYING YOU LIKE THE WAY SOMETHING LOOKS OR DOESN'T LOOK, I MEAN, LIKE WE'RE ASSUMING THAT THIS IS NOT GOING TO BE GOOD LOOKING, BUT IT IS.
HOW IS THAT THE SAME AS, YOU KNOW, ARE MY KIDS GONNA BE MURDERED TONIGHT? IT'S NOT THE SAME.
I THINK, UM, WE'RE WHAT IS BEFORE US, WHETHER IT'S GOING TO ADVERSELY AFFECT THEIR PROBLEM, OBVIOUSLY THAT IS A SQUISHY, UM, STANDARD AS IT WERE.
UM, AND IT SADLY DOESN'T NECESSARILY TAKE INTO ACCOUNT THE MOTIVATIONS OF THE APPLICANT FOR THE PLOT.
I DO HAVE A, A SEPARATE QUESTION, AND AGAIN, I I, I THINK I ANTICIPATE THAT I KNOW THE ANSWER.
YOU'RE ALLOWED TO DO WHATEVER YOU WANT, AS I UNDERSTAND IT, 40 FEET BACK FROM THE PROPERTY.
I'M GUESSING THAT IS WHERE THE HOUSE ACTUALLY STARTS? NO, 40 FOOT IS BETWEEN WHERE THE GATE, WHERE THE RED LINE IS THERE FOR THE GATE AND RIGHT IN FRONT OF THE CAR, UHHUH.
IT'S PROBABLY HALFWAY ROUGHLY BETWEEN THAT AND THE CIRCLE.
I JUST, I KNOW THE, THE RELIEF FOR US IS THAT FIRST 40 IF YOU WANT TO GO UP THERE.
UM, IF I UNDERSTAND, ULTIMATELY WE GO BACK, YOU DON'T EVEN NEED ANY TOTALLY.
BUT, SO JUST APPRECIATING KIND OF THAT, I MEAN, I DON'T KNOW FOR SURE, BUT
UM, THANK YOU FOR THAT, THAT CLARIFICATION.
UM, THE ONLY SLIDE THAT'S LEFT IS JUST THE FINAL SLIDE THAT JUST SHOWS THAT I DEFINITELY POSTED THE HEARING SIGNS, INACCURATE LOCATIONS, I BELIEVE, SO THAT PEOPLE COULD SEE.
AND I ALSO WENT AND TALKED TO, OR, YOU KNOW, NOTIFIED ALL THE SAME NEIGHBORS THAT YOUR AGENCY NOTIFIED.
I, I EXPECTED THAT, UH, GIVEN THE RESPONSE THAT MEANT YOU HAD CERTAINLY PROVIDED SUFFICIENT NOTICE.
ARE THERE QUESTIONS FOR THE APPLICANT? I BELIEVE MR. MILLIKEN HAD HIS UNMUTED FIRST.
SO I'LL LET HIM DO IT FIRST AND THEN I'LL GO MS. GARNER, THEN I'LL GO MS. THANK YOU, MR. CHAIR.
MY QUESTION IS ON YOUR, UH, REQUEST FOR THE 7 4 7 FOOT TWO, VINCE.
UM, IS THAT GONNA BE SEVEN TWO ALL THE WAY AROUND THE FOUR OR NO? ARE YOU, IT'S JUST WHERE THE RED LINE IS.
THE SIDE FENCES WILL BE THE SAME AS THEY ARE TODAY.
AND MAY I ASK WHAT THOSE ARE? UM, CURRENTLY THEY VARY.
SO EACH OF THE SIDE FENCES HAVE BEEN ERECTED BY THOSE NEIGHBORS AT THE CURRENT FOUR FOOT HEIGHT.
AND THAT GOES BACK ROUGHLY TO THE START OF THE, THE BUILDING ITSELF, THE HOUSE, AND THEN FROM THAT POINT BACK AND ACROSS WATSON, IT IS AN EIGHT FOOT WOODEN FENCE.
SO YOU'RE JUST ASKING FOR THE FRONT ONLY? YES, SIR.
THANK YOU FOR YOUR PRESENTATION.
UM, HAVE YOU HAD A CHANCE TO LOOK AT THE LETTERS OF OPPOSITION? AM I ALLOWED TO ASK QUESTIONS REGARDING THESE LETTERS? I HAVE NOT SEEN THE LETTERS OF, I'VE SEEN
[01:20:02]
TWO IN SUPPORT AND I'VE HAD CONVERSATIONS WITH MULTIPLE, BUT I HAVE NOT SEEN THE LETTERS OF OPPOSITION WITH MY EYES.AM I ALLOWED TO ASK QUESTIONS REGARDING THIS? OKAY.
SO I, I WOULD RECOMMEND YOU TELL HER WHAT IT SAYS THAT YOU'RE ASKING FOR A RESPONSE.
UM, THIS IS A LETTER OF OPPOSITION.
UM, THE ISSUE SOUNDS LIKE IT'S A SECURITY THING.
SO, UM, THIS ONE PARAGRAPH SAYS, UH, IT IS ALSO NOTABLE THAT OTHER PROMINENT RESIDENTS IN OUR SPECIFIC AREA OF CRES HOLLOW, INCLUDING CEOS, INDUSTRY, SENIOR EXECUTIVES SUCH AS OIL AND GAS, PRIVATE EQUITY AND FINANCIAL SERVICES EXECUTIVES AND CEOS AND SEVERAL BILLIONAIRES HAVE ADDRESSED LEGITIMATE SECURITY CONCERNS THROUGH MEANS THAT COMPLY WITH CITY REGULATIONS, INCLUDING THE USE OF PRIVATE SECURITY PERSONNEL RATHER THAN BY CONSTRUCTING NON-CONFORMING FRONT YARD WALLS.
UM, YOU HEAR A COMMENT ON THAT? IS THIS AN OPTION FOR YOU? I DON'T KNOW THAT IT IS.
I MEAN, I WOULD, WHAT I WOULD TELL YOU IS THAT I AM STANDING HERE TODAY PRESENTING THIS TO YOU BECAUSE I'M ACTING ON THE DIRECTIVE OF THE SECURITY OFFICERS OF MY HUSBAND'S COMPANY THAT ARE PROFESSIONALS AND HAVE ADVISED ME TO REQUEST THIS.
THIS IS NOT MY PROPOSAL, IT'S JUST WHAT I NEED TO ASK FOR.
AND SO IF THEY'VE SUGGESTED THIS AND NOT THE OTHER, THEN I HAVE TO ASSUME THAT THIS IS A SECURITY BEST PRACTICE THAT I NEED TO FOLLOW.
HAD, HAD THEY SUGGESTED THAT YOU GET PRIVATE SECURITY, WOULD YOU HAVE FOLLOWED UP ON THAT? I WOULD DO WHATEVER THEY SUGGEST ME TO DO.
'CAUSE IT ALLOWS ME TO SLEEP AT NIGHT.
UM, AND I HAVE A, ANOTHER, UM, ANOTHER LETTER OF OPPOSITION.
UM, IT SAYS FINALLY THERE WERE THREE CONCERNS.
SO THE LAST ONE, FINALLY, THERE'S THE ISSUE OF ACCESSIBILITY, MOVING OFFENSE CLOSER TO THE STREET.
I'M NOT SURE, I'M NOT MOVING A FENCE CLOSER TO THE STREET.
UM, WELL, THE SECOND PART COULD BE ADDRESSED, MAKES AN ESPECIALLY NARROW STREET VERY NARROW, NARROW WHEN CARS ARE PARKED ON BOTH SIDES OF THE STREET.
IT IS OFTEN HARD FOR A NORMAL VEHICLE TO GET THROUGH.
UH, AND IT WILL ALSO MAKE IT DIFFICULT FOR EMERGENCY VEHICLES TO GET THROUGH.
I, I WOULD SAY TWO THINGS WITH REGARD TO THAT.
ONE, I'M NOT MO I'M NOT SUGGESTING TO MOVE THE FENCE ANY CLOSER.
AND I WOULD ALSO ADD THAT I'M ONE OF VERY FEW PROPERTIES ON THE STREET THAT DOES NOT HAVE STANCHIONS BURIED INTO THE GROUND SO THAT NO ONE CAN PARK IN FRONT.
AND I HAVE NO INTENTION TO ADD THOSE.
SO IF YOU SAW IN THE VIDEO THIS MORNING, THERE WAS A BIG GIANT TRACTOR IN FRONT OF MY HOUSE.
THAT'S NOT FOR ME, THAT'S FOR THE CITY.
THEY'RE REPLACING THE SEWER AND IT'S ONE OF THE ONLY PLACES THEY CAN PARK THAT TRACTOR BECAUSE UPWARDS OF 70% OF THE NEIGHBORS ON THE STREET DON'T ALLOW PARKING IN FRONT OF THEIR HOUSE TODAY.
UH, THOSE WERE MY OWN QUESTIONS.
THANK YOU, MR. CHAIRMAN, MAY I PLEASE? MS. THANK YOU SO MUCH.
UM, FIRST OF ALL, MS. SMITH, UM, THANK YOU FOR COMING AND I HEAR YOU LOUD AND CLEAR, AND I'M SORRY THAT YOU'RE GOING THROUGH THIS.
HAVING A PHYSICIAN HUSBAND WHO WAS GONE ALL THE TIME, I KNOW HE HAD TROUBLE SLEEPING.
DO YOU HAVE AN ENP IN YOUR NEIGHBORHOOD? A WHAT? THE, UH, PRIVATE SECURITY PATROL DID THE NEIGHBORS GROUP TOGETHER AND PUT TOGETHER? UH, ONE DOES EXIST.
I MEAN, I DON'T LIVE THERE YET, BUT I HAVE OKAY.
I BELIEVE THEY COVER THIS AREA.
I HAVE TO FINISH RESEARCHING IT, BUT I THINK SO BECAUSE, UM, MOST OF THOSE AREAS HAVE, AND PRESTON HOLLOW HAVE THESE LITTLE PATROL GROUPS WITH THE NEIGHBORS PUT TOGETHER AND THEY'RE RUN VERY WELL AND THEY'RE VERY EFFECTIVE.
UM, ANOTHER QUESTION IS, DO YOU HAVE AN ACRE AND A HALF YOU SAID, OR IS IT ACRE AND A QUARTER? I THINK IT'S 1.53.
DO YOU WANT ME TO ANSWER THE FIRST QUESTION FIRST OR, OH, YES, I'M SORRY.
UM, I, I THINK WHAT I WOULD SAY TO THAT IS THAT, UM, IT IS NOT FOR ME TO SAY WHAT A SECURITY BE.
BEST PRACTICE IS TO PROTECT MY HUSBAND OR MY FAMILY.
THEY'RE PROFESSIONALS THAT HAVE BEEN HIRED AND THEY'RE TELLING ME WHAT TO DO, AND THEY ARE AWARE OF THESE AGENCIES, THEY'RE AWARE OF THE POLICE, THEY'RE AWARE OF, UH, YOU KNOW, ANYTHING THAT WE MIGHT SAY.
SO IF, IF I DON'T QUESTION IT AND I DO WHAT THEY TELL ME TO DO, I DON'T UNDERSTAND HOW OTHER PEOPLE CAN QUESTION IT.
LIKE WHEN BRIAN THOMPSON WAS MURDERED, MY HUSBAND IS MORE LY ABLE TO HAVE SOMETHING LIKE THAT HAPPEN TO HIM THERE.
I MEAN, HE KNOWS THAT MAN, THEY WERE AT THE MEETING TOGETHER, YOU KNOW WHAT I MEAN? LIKE, AND I KNOW I CAN TELL YOU THAT I SLEEP, I SLEPT FINE THAT NIGHT BECAUSE I DO EXACTLY WHAT THEY TELL ME TO DO, YOU KNOW? SO I TRY NOT TO SECOND GUESS THEM OR SUGGEST DIFFERENT SOLUTIONS BECAUSE
[01:25:01]
I DON'T HAVE THAT KNOWLEDGE.LIKE I, I, I'M NOT A TRAINED POLICE OFFICER OR SECURITY ADVISOR OF ANY KIND.
SO I, I THINK THOSE THINGS ARE GREAT AND I AM PLANNING TO ENGAGE WITH THEM AS MORE OF A NORMAL HOMEOWNER, BUT IT IS NOT WHAT'S BEEN RECOMMENDED TO ME AS BEING SUFFICIENT AT THIS TIME.
OH, MY SECOND QUESTION OR FOLLOW UP WAS, DO YOU HAVE A LARGE LOT? ARE YOU, UM, DID YOU WANT THE FENCE A LITTLE BIT CLOSER TO THE STREET SO YOU WOULD HAVE MORE PLAY AREA FOR THE CHILDREN IN THE FRONT? SO THE FENCE IS NOT MOVING, IT'S, IT'S GOING IN, IN THE SAME POSITION, SAME FIGHT, RIGHT? YES.
AND SO I, I HAVE NO ASKED VERSIONS OF ANY KIND LIKE THAT I'M MERELY ASKING FOR OFFENSE IN COMPLIANCE WITH THE SECURITY RECOMMENDATIONS THAT WERE BROUGHT TO.
WELL, I JUST WANTED TO CLARIFY WHAT, UM, OUR CHAIRMAN HAD MENTIONED.
CAN I CLARIFY THIS, THAT IF SHE MOVES THAT FENCE BACK, SHE CAN BUILD WHATEVER SHE WANTS, SHE COULD GO TO HEIM.
IS THAT THE CASE? SO THE, THE QUESTION I WAS SORT OF ASKING ABOUT WAS THAT THE RESTRICTIONS ON
SO WE'RE NEED TO CONCLUDE, DENY THE REQUEST RELIEF PERSPECTIVE OF ONE OF THE BELIEFS THERE AND THE APPLICANT BOARD TO DECIDE I WANT TO FOLLOW THE SECURITY GUIDE RECOMMENDATIONS AND BUILDEX SEVEN FEET TO COMPLETELY OKAY.
WHAT THAT MY UNDERSTANDING THAT THE HOMEOWNER COULD DO THAT.
I ALSO DON'T KNOW WHETHER THE RECOMMENDATION SECURITY CONSULTANT WOULD BE THE SAME AT THAT DISTANCE BACK FROM THE STREET BEFORE.
NOR I BELIEVE THAT THE APPLICANTS WOULD'VE TAKEN PROPOSAL COMPARISON.
YEAH, I WOULD, IF YOU WERE ASKING ME TO CONSIDER THAT, I WOULD HAVE TO PROPOSE IT BACK TO THEM BECAUSE IN OTHER LOCATIONS THEY'VE LIVED, THEY BRING UP THINGS LIKE SUBJECT ING.
SO IF THE HOUSE ISN'T FAR ENOUGH AWAY FROM THE STREET, IT WOULDN'T GIVE SOMEONE ENOUGH TIME TO SHOOT THEM.
SO, UM, JUST SAYING IN TERMS OF WHAT THAT, THAT SAID, THE REQUEST WE LEAVE IS BECAUSE THE ASK IS WITHIN THAT 40 FOOT FIVE FOUR.
UM, ARE THERE OTHER QUESTIONS FOR, OH, I'M SORRY, MR. SASH, PLEASE GO AHEAD.
YES, MS. TYLER, AGAIN, UM, THANK YOU FOR, FOR THE PRESENTATION AND THANK YOU FOR YOUR, UM, FOR COMING IN.
I, I, I DO JUST WANNA DOVETAIL ON, UM, WHAT, WHAT WAS STATED AS FAR AS THE ABILITY, IF YOU WERE TO GO BACK AND RECONSULT WITH YOUR SECURITY PROFESSIONALS.
UM, BECAUSE WHAT WE, WHAT WE ARE CHALLENGED WITH IS THAT, UM, DOING THE BEST TO UPHOLD THE DALLAS, UM, HOLD.
SO MAYBE THEY DIDN'T CONVEY OUR PROFESSIONALS IN SECURITY.
UH, THEY MAY NOT HAVE CONSIDERED, UM, WHAT THE CODE ALLOWS, BECAUSE I MEAN, WE DO ALLOW CERTAIN, WE HAVE APPROVED CERTAIN VARIATIONS, OBVIOUSLY, TO THE, TO THE CODE.
SO, UM, IN THE EVENT THAT THIS BOARD DOES NOT GRANT WHAT YOU'RE ASKING TODAY, UM, I, I GUESS A SUGGESTION WOULD BE TO, YOU KNOW, HAVE YOUR CONS, YOUR SECURITY PROFESSIONALS, UM, UM, REALLY LOOK AT THE, LOOK AT IT AGAIN AND SEE WHAT COULD BE DONE AND SUGGESTED, UM, THAT FALLS MORE IN LINE WITH, UM, WITH, WITH THE, UM, WITH THE CODE.
I WOULD ASSERT TO YOU THAT I CAN DO THAT, BUT I DID PROVIDE THE CODE TO THEM BEFORE THEY ADVISED ME.
ARE THERE OTHER QUESTIONS FOR MS. TYLER, EXCUSE ME, CURRENTLY OR SHOULD WE LET, UM, THE OTHER SPEAKERS THAT SHE'S BROUGHT FORWARD, DO YOU HAVE OTHER FOLKS THAT WOULD LIKE TO SPEAK IN SUPPORT OF THE APPLICATION? YES, SIR.
UM, UM, IF YOU WOULDN'T MIND, UM, SAYING YOUR NAME, PROVIDING AN ADDRESS AND THEN, UM, MRS.
[01:30:01]
UH, GREG LATTON 4 6 5 2 SUNBELT DRIVE TON TEXAS.UH, CAN YOU GET THE MIC CLOSER UP TO YOU, PLEASE? SURE.
UH, CAN YOU REPEAT AGAIN PLEASE? UH, GREGORY LATON 4 6 5 2 SUNDALE DRIVE, ADDISON, TEXAS 7 5 0 0 1.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
UH, MR. LUTON, I UNDERSTAND THAT YOU ARE THE VICE PRESIDENT OF HOME PROTECTION CENTER.
I IMAGINE YOU'RE GONNA TELL US A LITTLE BIT MORE ABOUT THE SECURITY PROTOCOLS, BUT PLEASE GO AHEAD.
UM, I'D LIKE TO JUST SAY THAT, YOU KNOW, PHYSICAL SECURITY IS YOU CAN'T BEAT IT.
UM, AND HAVING A, A WALL THAT NOBODY CAN SEE ANYBODY IN THE HOUSE, UM, HARDER TO, TO JUMP OVER, GIVES THE SECURITY TEAM A LOT MORE TIME TO REACT TO WHATEVER UH, WAS HAPPENING AT THAT TIME.
UM, I AM AWARE OF THE, UH, CODE, UM, BUT AS, UH, MS. TYLER REPRESENTED, THERE ARE A LOT OF, UH, WALLS UP IN THIS NEIGHBORHOOD, UM, THAT SOME EVEN GO BEYOND THE CODE, UH, DEPARTMENTS.
SO HELP US A BIT WITH THE, I'M GONNA GO OUT ON A LIMB AND ASSUME THAT NO ONE IS DISAGREEING WITH THE PROPOSAL BEING THE MOST SECURE AND SUBJECTIVELY APPROPRIATE FOR THE SCREEN.
I THINK WHAT YOU'VE HEARD GATHERED FROM SOME OF THE QUESTIONS, THE, WHAT WE AS A PANEL ARE SORT OF ENGAGING WITH IS THAT THE, THE STANDARD THAT WE HAVE TO ASSESS IS ABOUT WHETHER IT A ADVERSELY AFFECTS ING PROPERTY AND NOT ABOUT THE APPROPRIATENESS FOR PURPOSES OF THE DESIRES OF THE APPLICANT ROOM.
SO HELP US UNDERSTAND, BECAUSE A LOT OF TIMES WE'LL SEE FENCES THAT'LL BE VERY HIGH AND PROVIDE THAT SENSE OF SECURITY THAT MAYBE THERE'S PILLARS AND IRON RAW HERE.
IT SOUNDS LIKE THAT CONCERN MIGHT BE THE, UH, VISIBILITY INTO DEEPER INTO THE, THE PROBLEM.
UM, CAN YOU TALK A LITTLE BIT ABOUT HOW THIS WAS THE, THE DESIGN THAT YOU DECIDED WITH THE RIGHT COMBINATION OF, OF OPACITY AND HEIGHT FOR PURPOSES OF, UH, PROVIDING PROTECTION FOR THE APP? SURE.
UH, AND WE DIDN'T WANT TO GO TOO HIGH, UM, BUT GOING UP TO 7.2 REALLY MAKES IT DIFFICULT, UH, TO JUMP OVER.
UM, AS FAR AS SEEING THROUGH THE, THROUGH THE WALL, UM, PERPETRATOR HAS TIME TO MAKE A PLAN, UH, SEE MOVEMENT IN THE HOUSE THROUGH THE WINDOWS.
UM, IT JUST GIVES THEM THAT ELEMENT, UM, OF MAKING A TECH PLAN, UH, VERSUS HAVING A FULL 100% OF HOPE FOR QUESTION
SORRY, I AM VERY INTERESTED IN THIS, UH, CASE.
UM, MAY I PLEASE ASK YOU WHAT THE OTHER PERIMETER FENCE IS? AND I APOLOGIZE IF IT'S IN THE MATERIAL THAT WE WERE GIVEN, BUT WHAT IS THE, WHAT IS THE MATERIAL AND THE HEIGHT OF THE BACK FENCE AND THE SIDE FENCES? UH, THE BACK FENCE IS, IS A WOOD FENCE AND IT IS EIGHT FOOT.
SO THE, THE BACK FENCE IS A EIGHT FOOT, UH, WOOD FENCE, UH, TOTALLY 100% UP BIG.
UM, THE SIDE FENCES FROM THE LEFT AND THE LEFT.
SO THE LEFT AND THE RIGHT HAVE 50%, UM, AT EIGHT FEET.
ARE YOU NOT MORE CONCERNED ABOUT THE OPACITY AND THE, OF THESE, THE BACK FENCE AND THE SIDE FENCES FOR SECURITY RATHER THAN THE FRONT? UH, UH, CAN YOU REPEAT THAT? I'M SORRY.
I, WHAT I'M ASKING IS, IS IS IT IN YOUR BUSINESS YOU'RE AN EXPERT IN SECURITY, IS IT NOT MORE VITAL TO HAVE THE SECURITY AND THE HIGH FENCES AND THE, THE ABSOLUTE, UM, OPACITY OF THESE FENCES ON THE REAR OF THE PROPERTY ON THE SIDES RATHER THAN THE FRONT? BECAUSE FOR SECURED, I CAN'T IMAGINE ANYONE WOULD STAND IN THE MIDDLE OF THE STREET WHERE THEY'RE SEEN, WHERE THEY WOULD, YOU KNOW, SLIP OFF TO THE
[01:35:01]
SIDE.THAT'S WHAT I'M ASKING YOU AS A SECURITY EXPERT.
SO, SO AT THE BACK, WE ALREADY HAVE A NINE FOOT, UH, SOLID FENCE.
SO WE'RE, WE'RE NOT WORRIED AS, AS FAR AS THREATS COMING FROM THE BACK, WE'RE WORRIED ABOUT THE FRONT.
SO YOU HAVE THAT ELIMINATED, YOU'VE GOT THAT.
OTHER QUESTION, QUESTION MR. S, PLEASE? YEAH, UM, I THINK, UM, JUST TO REFER BACK TO THE, THE QUESTION THAT WAS ASKED, UM, BY MS. EVANS, UM, YOU, YOU STATED THAT THE, THE BACK FENCE IS EIGHT FEET, 100% SOLID, NO, NO VISIBILITY.
UM, THAT DOESN'T CAUSE YOU ANY CONCERN.
THE FENCE, THE, THE, UH, FENCING ON THE SIDES OF THE HOUSE, I BELIEVE YOU SAID HAS 50% OPACITY.
AND THOSE ARE HOW, HOW TALL? EIGHT FEET.
SO THE, THE QUESTION REMAINS IS THOSE TWO FENCES DON'T CAUSE YOU CONCERN.
UM, AND WHY NOT? AND THE SECOND QUESTION IS, ARE THERE, IS THERE, UM, A CAMERA SYSTEM THAT THAT'S, UM, UM, AROUND THE, THAT'LL BE AROUND THE PROPERTY THAT'S GOING TO BE MONITORING? UM, OR THERE IS THERE FOOT, UH, PATROL AROUND THE PROPERTY BECAUSE, UM, UH, TO MONITOR WHAT, WHAT ARE THE OTHER SECURITY PROTOCOLS? SO THE, THE SIDE FENCES, UH, DO POSE SOME CONCERN FOR US, BUT THERE'S NOT MUCH WE CAN DO ABOUT THOSE.
UH, SO WE'RE TRYING TO
AND WE DO PLAN, WE DO PLAN TO HAVE CAMERAS.
UM, AGAIN, WHEN I GO BACK TO MY FIRST COMMENT, PHYSICAL SECURITY IS, IS ABSOLUTELY THE BEST.
UH, CAMERAS ARE GOOD, BUT THEY MORE FOR, UH, YOU KNOW, SOME THINGS HAPPEN, LET'S GO BACK AND CHECK AND, AND SEE WHO IT WAS.
UM, BUT PHYSICAL SECURITY REALLY KEEPS ANYBODY OUT.
AND SO WHAT WOULD BE THE OBJECTION TO, UM, MOVING THIS, UM, THIS, THIS FENCING SECURITY INWARD WHERE IT'S NOT A, A CONCERN OR, UM, UH, AN AN ISSUE THAT NEEDS TO COME BEFORE THIS PANEL? WELL, I THINK, UH, CHAIRMAN SAID THAT YOU COULD GO BACK 40 FEET FROM THE PROPERTY LINE.
THAT WOULD BE IN THE, WAS MUCH AS FRONT, THAT WOULD BE IN THE FRONT, IN THE, IN THE MIDDLE OF THE FRONT YARD.
UM, YEAH, BUT YOU GOT 1.3 OR 1.5 ACRES OF PROPERTY.
WELL, NO, OBVIOUSLY YOU DON'T HAVE 1.5 ACRES IN THE FRONT, BUT I GUESS, I GUESS I'M TRYING TO UNDERSTAND THAT WHAT WOULD BE THE CHALLENGE WITH MOVING THE FENCE INWARD TOWARDS THE HOUSE? WELL, IF THAT'S WHAT THE BOARD WANTED US TO DO, I MEAN, THAT'S WHAT WE'D HAVE TO DO.
BUT OBVIOUSLY BUILDING A A, A WALL IN FRONT OF, IN THE MIDDLE OF YOUR FRONT YARD, UM, IS NOT REALLY DONE.
YEAH, BUT THE, BUT THE CONCERN IS MORE WITH SECURITY THOUGH, RIGHT? CORRECT.
SO WHAT WOULD BE THE OBJECTION TO, UM, UM, INCREASING, UM, THE, THE LEVEL OF VIS, UH, VISIBILITY, UM, STILL AT EIGHT FEET, BUT, UM, CHANGING TO MAYBE, UM, 75 OR 50% OPACITY? YOU, YOU WOULD BE ABLE TO, SOMEONE WOULD BE ABLE TO SEE THE RESIDENCE FROM THE STREET.
H HOW FAR IS THE RESIDENCE IN, IN TERMS OF FEET OR DISTANCE FROM, UH, FROM THE, THE, THE PROPERTY LINE? HOW FAR IS THE, THE DISTANCE ROUGHLY? 80 FEET? 80.
SO, SO YOUR CONCERN IS SOMEONE BEING ABLE TO TAKE A SHOT FROM, UM, FROM AN ANGLE? WELL, I MEAN A STRAIGHT ON ANGLE VERSUS, UM, UH, HAVING TO GET TO, UM, A, A HIGH POSITION IN ORDER TO TAKE A, POTENTIALLY TAKE A SHOT AT, WELL, NOT YOUR CONCERN.
WELL, MAYBE THE, THE, THE APPLICANT'S CONCERN IS, UM, SOMEONE BEING ABLE TO TAKE A SHOT, UM, FROM STRAIGHT ON VERSUS HAVING A CHALLENGE OF GETTING TO A HIGH POSITION.
UH, THAT WOULD BE ONE CONCERN, BUT THE OTHER CONCERN WOULD BE, YOU KNOW, FOR THEM MAKING A PLAN, UH, FROM SEEING THE, THE HOUSE AND THE WINDOWS UP FRONT.
BUT HOW, SO HOW THICK IS THE FENCE OR, UH, AROUND IT? HOW THICK WAS THE THICKNESS OF THE FENCE?
[01:40:02]
UH, THE FRONT FENCE, YEAH.WHAT WOULD BE THE THICKNESS? SIX INCHES, SEVEN INCHES.
UH, I BELIEVE WE'RE OVERHEARING THAT IT'S IN THE PLANS, SO I'M TRYING TO PULL THAT UP OR MAKE SURE THAT I FOLLOW WHERE THAT IS.
WELL, THE QUE SO, SO THE QUESTION IS, WOULD A PERSON BE ABLE TO PERCH THE FENCE FROM THE FRONT? WOULD THEY BE ABLE TO CLIMB OVER IT, CLIMB ON TOP? I MEAN, SOMEBODY COULD CLIMB OVER A 7.2 FENCE.
IT WOULD BE MUCH HARDER THAN A, THAN A FOUR FOOT FENCE.
WELL, I GUESS THE CHALLENGE IS, YOU KNOW, REALLY FOR ME IS THE, THE OPACITY.
I MEAN, I, I MEAN WE, WE APPROVE TO FENCES ALL THE TIME.
UM, BUT I, I DON'T THINK, SINCE I'VE BEEN ON THIS BOARD, WHICH IS SINCE 2017, UM, NOT THAT MUCH.
NOT, YOU KNOW, NOT WITH ZERO VISIBILITY, BUT, UM, THANK YOU FOR, FOR THE TIME.
ARE THERE ADDITIONAL QUESTIONS FOR MR. YES, MS. EDWARD? UM, I WOULD LIKE TO KNOW WHY YOU DON'T KNOW WHAT YOU'RE GOING TO DO WITH THESE SIDE PERIMETER FENCES.
I MEAN, I'M CONCERNED JUST SITTING HERE AND HEARING THIS, YOU COULD BUILD A BRICK WALL AND YOU'RE PART OF THE PROPERTY IN THAT BACKYARD TO, TO SECURE THE SIDE OF THE, YOU KNOW, OF THAT.
AND I JUST WANNA POINT OUT THAT I'M TOTALLY SYMPATHETIC TO THE APPLICANT, BUT SHE, YOU ALL ARE TALKING ABOUT THE AESTHETICS OF NOT COMING BACK 40 FEET AND PUTTING A, YOU KNOW, A WALL IN THE MIDDLE OF THE FRONT YARD.
AND SO YOU CAN APPRECIATE THAT THE NEIGHBORS ARE ALSO WORRIED ABOUT THE AESTHETICS OF THE NEIGHBORHOOD.
SO I JUST WANTED TO KIND OF POINT THAT OUT.
BUT, UM, YEAH, AND LET ME TOUCH ON THAT, WHICH IS, I THINK BECAUSE THEY'RE NOT SEEKING ANY RELIEF IN RESPECT OF SIDE YARD, SIDE FENCES, THEY HAVE NO OBLIGATION TO SORT OF SHARE WITH US WHAT THEIR PLAN MIGHT BE.
AND I HAVE A FEELING THAT THEY WOULD ALSO SAY, LOOK, THEY, THEY GENERALLY WOULDN'T NECESSARILY TALK ABOUT THEIR SECURITY, UH, PLANS FOR STEPS GENERALLY, BUT FOR THEIR NEED TO ESTABLISH, UM, THEIR REQUEST FOR RELIEF.
AND, AND I, I CAN APPRECIATE THAT.
AGAIN, I, FROM THE OVERARCHING, I DON'T THINK ANYONE DISAGREES THAT IT IS A, UM, VALID SETS OF CONCERNS THAT THEY'RE ATTEMPTING TO AMELIORATE AS WELL AS POSSIBLE, UH, GIVEN THE CIRCUMSTANCES, YEAH, THE ENTIRE CHALLENGE OR THE, THE, THE ENTIRE THING THAT OUR QUESTIONS ARE MEANT TO POST OR IS NOT TO CHALLENGE ANY OF THAT, BUT US TO UNDERSTAND AND DEVELOP A RECORD SO THAT, UM, WE EVALUATE DOES IT ADVERSELY AFFECT NEIGHBORING PROPERTY OR NOT.
AND SO I THINK SOME OF THE QUESTIONS THAT MAY BE COMING ACROSS AS WELL, HAVE YOU THOUGHT ABOUT THIS OR THAT IS NOT MEANT TO CHALLENGE ANY OF THE VALID EXPERTISE AND CONCERNS THAT HAVE BEEN VOICED, BUT FOR US, WE'RE, WE'RE USUALLY THINKING OF THESE SAFETY ELEMENTS AND MATTER THAT COME BEFORE US AS A THIS HERE LOOK, THERE WERE VERBALLY, HOW DO WE SORT OF ELIMINATE THAT OR, OR ADDRESS THAT, THAT THAT SPOT, UM, AND OFTEN DON'T HAVE A, A SERIES OF LETTERS TALKING ABOUT OF THE, THE NEIGHBOR.
UM, DO WE HAVE ANY OTHER QUESTIONS FOR MR PLEASE? MS. FAR? THANK YOU.
MR. UM, SIR, WERE YOU PRESENT WHEN I READ, UH, THAT PARAGRAPH FROM THE, ONE OF THE LETTERS OF OPPOSITION ABOUT HIRING PRIVATE SECURITY? YES.
UM, SO DID YOU CONSIDER THAT, AND IF SO, UM, WOULD YOU MAKE THAT RECOMMENDATION? I WOULD.
AGAIN, I, I BELIEVE THEY'RE, THEY'RE, THEY'RE NOT, THIS IS A COMPONENT OF WHAT THEY'RE THINKING OF DOING, BUT IT'S NOT THE EXHAUSTIVE ELEMENT OF ALL THINGS.
AND AGAIN, I TO A DEGREE, UM, THEIR MOTIVATION AND IT DOESN'T NECESSARILY MATTER BECAUSE OUR EVALUATION AND, AND PROCESSES WHETHER DIVERSITY AFFECTS ANY PROBLEMS. UM, SO, UH, ARE THERE OTHER QUESTIONS FOR MR. LIAN ABOUT THAT OR SHOULD WE LET ANY OTHER SPEAKERS? THANK YOU.
WOULD YOU ALSO LIKE TO PLEASE, UM, SAME DRILL, WE'LL NEED YOUR NAME, UH, AND ADDRESS AND THEN YOU'LL BE, YEAH.
[01:45:01]
HICKORY STREET IN ROME, TEXAS.DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
UH, THANK Y'ALL FOR YOUR TIME AND ESPECIALLY DOING IT VOLUNTEERING.
I UNDERSTAND HOW THAT TAKES AWAY FROM YOUR DAY.
UM, REGARDING REALLY WHAT WE'RE TALKING ABOUT IS THE AESTHETICS, RIGHT? IS WHAT WE GET THE MAIN CONCERN FROM.
WHEN YOU LOOK AT, IF YOU COULD GO BACK AND SHOW THESE STREET FIX REAL QUICK, UM, YOU DON'T MIND, WOULD THOSE BE THE ONES THAT WERE IN THE POWERPOINT, THAT VIDEO, UH, ON THE ORIGINAL POWERPOINT WOULD HAVE SHOWN OR ARE THERE OTHER NO, THE ONES IN FRONT OF THE DESK, IN FRONT OF THE RESIDENCE.
I JUST WANNA BRING UP A FEW KEY POINTS BECAUSE I DO UNDERSTAND, UH, THE CONCERN WITH HAVING A COMPLETE, YOU KNOW, A HUNDRED PERCENT OPAQUE WALL NINE MONTHS OUTTA THE YEAR ON THIS STREET, YOU BASICALLY HAVE THAT ANYWAY, WITH THE TREES, THE SHRUBBERY, THE LAND, WHEN THOSE TREES FILL OUT, YOU CAN'T SEE PAST THOSE FENCES.
LIKE YOU, YOU SEE PAST THE LITTLE SMALL FOUR FOOT ROD IRON, YOU CAN SEE UNDER THAT.
BUT IN MOST OF THESE STREETS, THOSE TREES ARE BLOCKING EVERYTHING ANYWAY.
THE ISSUE WE HAVE IS, WELL, THAT'S GREAT, RIGHT? FOR, YOU KNOW, PRIVATE PREVENTION THROUGH ENVIRONMENTAL, ENVIRONMENTAL DESIGN, UH, LIKE YOU MENTIONED EARLIER, WHICH YOU, I I APPRECI WE TAKE ALL OF THAT INTO CONSIDERATION.
SO THIS WALL IS A CONSIDERATION OF THAT WITH WHAT FOLIAGE WOULD BE THERE, WHAT SIDES, UH, WOULD BE THE ASPECT OF THE VISIBILITY PART THOUGH I WOULD JUST HAVE TO SAY NINE, NINE MONTHS OUT THE YEAR, IT'S LIKE YOU'RE NOT SEEING PAST THAT ANYWAY.
LIKE IT'S, IT'S KIND OF A MUTE POINT ON THAT.
UM, ON THE ASPECTS OF THE, THE FENCE ITSELF AND BRINGING IT BACK 40 B, THEY COULD DO THAT, BUT IT'S GONNA LOOK WORSE THAN HAVING THAT SEVEN FOOT FENCE RIGHT WHERE IT IS RIGHT NOW.
I MEAN, LET'S BE HONEST, IT'S, IT'S NOT GONNA LOOK ANY BETTER.
LIKE IT'S ACTUALLY GONNA LOOK WORSE.
AND THEN WHAT IT DOES IS IT DIMINISHES THAT TIMEFRAME BETWEEN IF SOMEONE WERE CLIMB OVER THE WALL AND GET THERE, RIGHT? WE LOSE THAT AMOUNT OF TIME IF, IF YOU GO IN A, YOU KNOW, NOW WE'RE BRINGING IT BACK TO JUST, WE CAN POINT TO, TO BE HONEST WITH YOU.
UM, AS FAR AS THE CONCERNS OUTSIDE OF OTHER SECURITY MEASURES THAT ARE TAKEN UPON THE FAMILY OR WITH WHATEVER'S HAPPENING, YOU KNOW, THOSE THREE THINGS THAT WE DO NOT SHARE, TRY NOT TO SHARE.
WE TRY TO BE VERY RESPECTFUL OF THE QUESTIONS AND WE DO WANNA, UM, PROVIDE AS MUCH AS WE CAN.
UM, BUT IT IS A PUBLIC HEARING.
THERE ARE THINGS THAT, YOU KNOW, IT'S PUBLIC RECORD, SO WE WANNA STOP THAT, UH, CLEAR LINE OF WHAT WE'RE TRYING TO GET THE VARIANCE FOR.
AND, UM, IN SOME OTHER INSTANCES WHEN APPLICANTS HAVE SOUGHT ADDITIONAL HEIGHT AND WE'VE PUSHED BACK IN OUR PAST, THEY'VE LEVERAGED, UH, SORT OF THICK SHRUBBERY OR OTHER SORT OF MATTERS THAT SORT OF BUFFER AND PROVIDE THAT LEVEL OF, UM, BLOCK WE AS A WAY TO DIMINISH THE SORT OF VISIBILITY, UM, IN THIS INSTANCE.
IS THAT SOMETHING THAT YOU ALL CONSIDERED, EVEN THOUGH THAT'S, I APPRECIATE LIKELY A STEP DOWN FROM A POLIO THING FOR WALL? THAT'S CORRECT.
WOULD, UM, I DON'T BELIEVE WE'VE BEEN ABLE TO PULL UP THE SPECIFIC VIDEOS THAT WERE VETTED.
DO YOU OF COURSE HAVE THE, UH, VIDEO OF THE, THE DRIVE AROUND
THAT'S THE MEAN, AND THAT WALL DOES RUN 40% OF THE LENGTH OF WATSON IN THAT BLOCK, BUT THERE WAS NO VIDEO TAKEN BY YOUR STAFF OF PARK LANE, WHICH IS A STREET IMMEDIATELY BELOW WHERE FOUR OF THE EIGHT HOUSES OR 50% OF THE PROPERTIES ON THAT STREET HAVE A HIGH WALL.
NOR DOES IT SHOW THAT DOUGLAS AT THE END OF DESCO HAS A 10 FOOT WALL RUNNING RIGHT IN FRONT, AND A BUNCH OF THE PROPERTIES THAT CONTINUE DOWN FOR THE NEXT TWO BLOCKS ALSO HAVE IN
[01:50:01]
EXCESS OF EIGHT IN THAT ONE THAT'S IN EXCESS OF 15 AND 20 FEET WALLS.I, I, IF I COULD VERBALLY CHARACTERIZE IT, I MEAN THESE ARE NOT EVEN ALL OF THE EXAMPLES LIKE IT, YOU KNOW, IT TOOK ME LIKE THREE OR FOUR HOURS JUST TO GATHER THESE EXAMPLES.
IT'S PROBABLY, YOU KNOW, 40% OF THE EXAMPLES IN THE NEIGHBORHOOD ARE REPRESENTED BY WHAT I PROVIDED BECAUSE A LARGE COMPONENT OF THIS NEIGHBORHOOD HAS GIANT WALLS AND IT'S JUST WHAT THE NEIGHBORHOOD LOOKS LIKE.
IT'S, IT'S KIND OF CRAZY TO SAY THAT OUT LOUD, BUT IT'S TRUE.
ARE THERE QUESTIONS, FURTHER QUESTIONS ABOUT THE WHAT ELSE IN OFFERED MS. EVANS, PLEASE? DO YOU HAVE ANY OTHER LETTERS OF SUPPORT OR ANY VERBAL SUPPORT FROM ANY OTHER, I'M SORRY, MS, THERE SHOULD BE TWO LETTERS OF SUPPORT THAT ARE IN YOUR FILES THAT WERE SUBMITTED.
ARE THERE ANY OTHERS OUT THERE THAT, THAT JUST HAVEN'T WRITTEN OR, YOU KNOW, JUST, UM, OR AMBIVALENT? I DON'T KNOW FOR SURE AND I THINK I PROBABLY HAVE A QUESTION ABOUT LIKE, AM I LIMITED TO ONLY HAVING LETTERS OF SUPPORT COME FROM THE PEOPLE THAT YOU CONTACTED OR, UH, NO, IT, IT'S, I DIDN'T KNOW HOW THAT WORKED AND SO I STUCK TO JUST ONLY THE PEOPLE THAT YOU HAD ON YOUR LIST.
UM, THE, AND FOR FUTURE REALM, THE LIST IS THERE'S A 200 FOOT RADIUS OF THE NOTIFICATION AND SO THOSE ARE THE PEOPLE THAT ARE MOST IMMEDIATELY IMPACTED BY THE REQUEST FOR, BUT, UM, LETTERS OF SUPPORT OR OPPOSITION FROM OTHER LOCATIONS CERTAINLY COULD COME IN AS JUST GENERAL CITIZENS OF THE CITY.
UM, WE TAKE INTO ACCOUNT THEIR PROXIMITY AS PART OF THE WEIGHING FACTOR, RIGHT? IF SOMEBODY FROM, UH, FAR NORTH WEST IS
DO YOU ALSO TAKE INTO ACCOUNT LIKE TWO OF THOSE LETTERS ARE FROM NEIGHBORS THAT SIT TO THE EAST OF MY HOUSE, SO THEY SIT BETWEEN DESCO 5, 9, 1 5 DESCO AND PRESTON ROAD.
AND SO WHEN THEY ENTER AND EXIT THEIR PROPERTY, THEY ARE PREDOMINANTLY DOING THAT TOWARDS PRESTON ROAD AND NOT EVEN SEEING MY HOUSE.
IN TERMS OF, OF HOW THAT IS SORT OF TAKEN INTO ACCOUNT OF ASSESS, ASSESS THE, OKAY, THANK YOU.
MS. EVANS, UH, I JUST ALSO WANTED TO POINT OUT, AND I'D LIKE YOU TO CHALLENGE ME ON THIS, IF THAT MOST OF THE BRICK WALLS THAT YOU PRESENTED, UM, WERE ON PRETTY MAJOR THOROUGHFARES, WHICH IS PRESTON WRONG.
OKAY, SO IT WAS PRESTON PARK, AND I KNOW PARK IS BUSY AND DOUGLAS, THAT'S, THAT'S PAT LANDR.
SO, SO THESE HOUSES I DIDN'T PRESENT ANY THAT THE WALL I SHOWED YOU WAS NOT ON PRESTON ROAD.
THAT'S THE WALL THAT'S ON WATSON.
SO ALL OF THESE STREETS THAT I'M PROPOSING TO YOU, THEY'RE THE STREETS JUST IMMEDIATELY ABOVE AND BELOW MINE.
SO THE CHARACTER OF THEIR NEIGHBORHOOD TRAFFIC IS IDENTICAL, IF NOT LESS, MORE, I DON'T KNOW, IT'S PRETTY IDENTICAL.
AND WHAT STREET IS THAT? IS THAT WATSON OR ANOTHER ONE? SO THE ONE WITH THE BRICK WALL THAT YOU SAW YEAH.
WAS WATSON, IT'S IMMEDIATELY BEHIND.
AND THEN THE, A BUNCH OF THE OTHER WALLS ARE PARK LANE, WHICH IS IMMEDIATELY BELOW.
IT'S JUST THAT THIS BLOCK OF PARK LANE.
I UNDERSTAND WHY YOU ASKED THAT BECAUSE PARK LANE DOES HAVE A BUSY COMPONENT TO IT, BUT THIS BLOCK OF PARK LANE IS BORDERED ON THE EAST BY PRESTON ROAD AND BORDERED ON THE WEST BY DOUGLAS.
SO IT'S A VERY SMALL BLOCK THAT'S SEPARATED FROM THE REST OF PARK.
I KNOW I LIVED ON PARK PLAIN AND IT WAS A VERY BUSY STREET, BUT YOU'RE RIGHT THAT, BUT NOT IN THIS AREA.
ARE THERE ANY FURTHER QUESTIONS FOR THE ACT? OKAY, UM, MS. WILLIAMS, DO WE HAVE ANY SPEAKERS IN OPPOSITION? NO SIR.
NO REGISTERED SPEAKERS? ALRIGHT, IN LIGHT OF THAT, I THINK OUR TAKING OF EVIDENCE IS CONCLUDED.
WOULD ANYONE LIKE TO MAKE A BOOK? HEARING NONE, I WILL PICK THIS OFF.
UM, AND AGAIN, WE HAVE TWO ITEMS THAT HAVE BEEN REQUESTED.
ONE IS A FENCE PIPE AND ONE IS A FENCE OF PASSIVE.
UH, I MOVE BOARD OF ADJUSTMENT APPEAL NUMBER BO 8 2 5 0 0 0 0 8 7 ON APPLICATION
[01:55:01]
OF KRISTEN TYLER.GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AN OR MAINTAIN A SEVEN FOOT T INCH HIGH FENCE SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR VALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT
IS THERE A SECOND? I WILL SECOND.
UH, I'LL TAKE THE MOVING PRIVILEGE AND, AND SORT OF CHAT AND, AND TALK THROUGH MY, MY THOUGHTS.
UH, I THINK I SAID IT A NUMBER OF TIMES, NO ONE, ONE AT ALL IS QUESTIONING THE EFFICACY OF THE REQUEST FOR THE, THE MOTIVATION FOR THE REQUEST BY APPLICANT AS A GENUINE DESIRE FOR THAT IN CONNECTION WITH OUR STANDARD KIND OF DOESN'T MEAN MUCH.
SO THE QUESTION IS WHETHER THE REQUESTED REALLY PUT ADVERSELY WITH THAT.
I SAW A LOT OF PICTURES AND A LOT OF EVIDENCE OF SOME HIGH KIND OF STUFF.
UM, SO FOR ME, THE HEIGHT COMPONENT, UH, I DON'T THINK IS, IS DESTRUCTIVE AND IT, IT'S NOT MOVING ANYTHING CLOSER TO THE STREET.
IT'S NOT TAKING UP ANY MORE OF THAT SPACE.
I APPRECIATE THE CLARIFICATION THAT, UH, I WAS TOTALLY WRONG ABOUT ANY WORK BEING DONE ON THE HOUSE THAT WAS THE CITY THAT, 'CAUSE IT WASN'T ALLOWED TO MOVE ANYWHERE ELSE, UH, TOOK UP RESIDE.
SO FOR ME, THE HEIGHT I THINK IS NOT GOING TO HAVE PERSONALLY AFFECTED THE PROPERTY.
UM, THOUGH I'M SURE WE'LL HAVE A, MAYBE A DIFFERENT CONVERSATION WOULD BE.
BUT AGAIN, I APPRECIATE OTHERS, UH, ESPECIALLY IN LIGHT OF THE, THE VOLUME OF THE OPPOSITION.
BUT WOULD ANYONE ELSE LIKE TO SPEAK ABOUT MS. EVAN? THANK YOU.
UM, YES, I THINK THAT, AND I HEAR AND I FEEL THAT THE, THE LETTERS OF OPPOSITION CLEARLY, BUT I WOULD SUSPECT THAT MOST OF THOSE PEOPLE HAVE BEEN THERE FOR A LONG TIME AND HAVE LIVED IN A DIFFERENT DALLAS THAN, THAN WE'RE COMING INTO BECAUSE WE'RE, YOU KNOW, EVERYTHING'S CHANGING.
UM, AND SO I I AGREE WITH YOU.
I THINK THAT THERE'S A LOT OF, UH, THERE'S BEEN A LOT OF, UH, BIG WALLS IN THAT NEIGHBORHOOD COMING UP.
THERE MAY AND THERE MAY BE MORE.
SO WE MAY BE GETTING EVEN MORE REQUESTS.
WOULD OTHERS LIKE TO SPEAK IN RESPECT OF PLEASE, MR. SACHIN? TO, TO THE QUESTION, UM, AS TO WHETHER OR NOT THE HEIGHT OF THE FINCH POSES, UM, UM, AN, AN ISSUE FOR THE N NEIGHBORING PROPERTIES? I, I AGREE WITH YOU.
I, I, I DON'T, I DON'T SEE THAT THAT BEING AN ISSUE.
UH, SO, UM, I'M INCLINED TO AGREE WITH THE MOTION.
WOULD ANYONE ELSE I'LL ASK MS. EVANS? AYE.
MOTION TO GRANT PASSES? FIVE TO ZERO.
CAN WE TAKE A THREE MINUTE RECESS, UH, FOR A QUICK, SO WE'LL BE BACK IN THREE MINUTES? THREE? THAT IS CORRECT.
DEFINITELY NOT MORE THAN THREE MINUTES.
[02:02:37]
JUST WAITING FOR THE BOT TO PICK OVER THE 3 0 6.I THIS POP UP THE CHAT ON THE WEBEX.
I THINK IT JUST SHOWS THAT, UM, THAT THE MEETING'S RECORDING AGAIN.
UH, WE WILL, UM, COME BACK ON THE RECORD.
UH, WE ARE STILL IN CONSIDERATION OF DOA TWO FIVE DASH 0 0 0 0 8 7 5 9 1 5 ING DRIVE.
UM, APPLICANT HAD TWO REQUESTS FOR LEAVE.
WE CONSIDER THE FIRST MOTION FOR THE FIRST, UH, ITEM FOR RELIEF AND, UM, WE NOW HAVE A, A SEPARATE REQUEST ABOUT OPACITY.
ANYONE LIKE TO SEEING NONE? UH, I WILL GO AHEAD AND KICK THIS OFF TO MOVE AND THEN, UM, I MOVE THE BOARD OF ADJUSTMENT AND FIELD NUMBER BOA TWO FIVE DASH 0 0 0 0 8 7 ON APPLICATION OF KRISTEN PILOT.
DENY THE SPECIAL EXCEPTION REQUEST OF THE CONSTRUCTION OR MAINTAIN EVENTS WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT BLOCK LINE.
THAT'S A SPECIAL ACCEPTION SURFACE AREA OPENNESS BY THIS APPLICATION WITHOUT PREJUDICE.
'CAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY IS SPECIAL, EXCEPTIONAL, ADVERSELY AFFECTED, ENABLING.
IS THERE SOMEONE WHO WOULD SECOND? I'LL SECOND MR. SASHING.
OKAY, I'M GONNA TAKE THE MOVEMENT PRIVILEGE AGAIN.
THIS ONE'S THE LAW PART OF IT.
UM, WE SAW A GOOD NUMBER OF FENCES, WALLS NEARBY AREA.
WE ALSO HAVE A LARGE NUMBER OF LETTERS SAYING THAT, UM, THERE COULD BE THE APPLICANT
[02:05:01]
WAS NOT AWARE OF THAT VOICE FOR OPPOSITION, UM, EITHER BECAUSE HER NEIGHBORS DID NOT COMMUNICATE WITH HER CORRECTLY WHEN SHE, UH, ENDEAVORED TO ENGAGE WITH THEM OR THEY CHANGED THEIR MIND OR SOME COMMENT.THIS, UH, MOTION IN MY MIND AFFORDS THE APPLICANT AN OPPORTUNITY TO DO A COUPLE THINGS, ENGAGE WITH THOSE NEIGHBORS, SEE IF, UH, THEY WOULD RESCIND OR OTHERWISE APPRECIATE HOW THIS WOULD GO OR MAYBE BE, UM, SOME TYPE OF LANDSCAPING THAT WOULD ALLEVIATE IT.
UM, OR IT COULD ALLOW HER TO REENGAGE, UH, WITH SECURITY COMPONENTS ABOUT WAYS TO SORT OF COMBINE THE
THEY SEEK THAT CLOSE TO THE, THE, THE ROAD IN A WAY THAT WILL LET THEM DO THIS.
AND WITHOUT PREJUDICE, A LOTS THEM COME BACK AS SOON AS THEY WANT IN THE, UM, BECAUSE THIS IS ABOUT ADVERSELY AFFECTING THE NEIGHBORHOOD PROPERTY, IT'S REALLY HARD TO GO UP AND DOWN THE STREETS BECAUSE SOME OF THEM DON'T HAVE VERY HIGH, DON'T HAVE VERY HIGH WALLS.
OTHER STREETS CAN KIND OF LOOK DIFFERENTLY.
UM, I'M SORRY, UH, FRANKLY IF THEY'RE WILLING TO LIKE NO, NO, NO, NO.
I PROBABLY, BUT THAT'S HOW I'M KIND OF SETTING THIS UP MY BY.
I THINK THIS'S A VERY, WOULD ANYONE, MS. BURNER, MR. ACHE CAN SECOND IT.
SO I GUESS I SHOULD AFFORD YOU THE OPPORTUNITY.
UH, YEAH, MR. MR. SLAY, UH, MR. CHAIR.
UH, I AGREE WITH WHAT YOU, WHAT YOU'VE SAID, UM, AS IT RELATES TO THE, THE OPACITY AND, UM, THE NUMBER OF COMMUNITY MEMBERS WHO, UM, SHARE CONCERN, UM, AND, AND THE MOTION TO DENY, UH, WITHOUT PREJUDICE, UH, DOES GIVE, UH, THE APPLICANT AN OPPO AN OPPORTUNITY TO, UH, ENGAGE WITH THOSE NEIGHBORS AND, UH, MAYBE EITHER, UM, UM, OTHER PROFESSIONALS WHO, UM, MAY HAVE SOME SUGGEST SUGGESTIONS, UM, AND OTHER OPTIONS THAT, UH, SHE COULD, YOU KNOW, MAYBE ENGAGE AGAIN WITH THOSE NEIGHBORS AND THEN, UH, COME BACK TO THE BOARD AS, AS SOON AS UH, SHE HAS DONE SO.
SO, UM, YEAH, I'M, I, I'M, I'M HOPING THAT, UM, HOPING THAT WILL BE THE COURSE OF ACTION, UM, THAT THE APPLICANT TAKES.
UM, SO, UM, LOOKING FORWARD TO SEEING HER BACK AGAIN WITH OTHERS FROM THE OPACITY, UM, STANDPOINT.
IT GO, IT GOES BACK TO THE SECURITY FOR ME.
I UNDERSTAND THE CONCERN OF THE NEIGHBORS, BUT YOU DO SEE A NUMBER OF NEIGHBORS WITH FULL FENCES, FULL OPACITY, SO YOU CANNOT SEE THROUGH THEIR FENCES AS WELL.
UM, WE COULD GO BACK TO THE APPLICANT AND SAY, YOU KNOW, AN OPTION IS ALWAYS TO SAY THAT YES, WE COULD GRANT IT AND YOU KNOW, THEY'RE CLEARLY WORKING WITH ONE OF THE BEST, UM, LANDSCAPERS IN DALLAS, THE RALSTON GROUP.
THEY COULD EASILY GO BACK AND SOFTEN THAT HARD WALL WITH GREAT LANDSCAPING.
SO TO ME, THERE'S OPTIONS AVAILABLE.
UM, MS. TYLER COULD POSSIBLY GO BACK.
SHE, THEY'RE NOT LIVING THERE, SO THERE IS THAT CHALLENGE OF MEETING WITH THOSE NEIGHBORS AT THIS POINT, YOU KNOW, SO, UM, GETTING THAT TIME TO MEET WITH THOSE NEIGHBORS IS THE PRESENT CHALLENGE OR COULD BE A PRESENT CHALLENGE AND, YOU KNOW, HOPEFULLY THEY'LL GET THAT OPPORTUNITY TO MEET WITH THOSE NEIGHBORS AND PRESENT SOME OF THOSE OPPORTUNITIES, YOU KNOW, SO THAT WE CAN WORK WITH MS. TYLER AND HOPEFULLY GIVE THEM THE GRANT THAT THEY WANT AS FAR AS THE RELIEF THAT THEY NEED, UH, TO PROTECT YOUR FAMILY.
I, I WONDER IF THERE'S A WAY WE
[02:10:01]
COULD SOFTEN AGAIN THAT HARSH FENCE WITH SOME BEAUTIFUL LANDSCAPING OR SOME IVY OR SOMETHING OR OTHER THAT WE CAN DO IN, IN CONJUNCTION WITH THE SECURITY PEOPLE.SO I THINK, THINK THIS IS A GREAT WAY TO, TO TAKE INTO CONSIDERATION THE NEIGHBORS AND THE NEIGHBORHOOD.
WOULD ANYONE ELSE LIKE TO SPEAK TO, AGAIN THE PENDING MOTION IS TO DENY THE REQUEST ON OUR PATH WITHOUT PRESIDENT.
SO AGAIN, THE APPLICANT COULD COME BACK AND SAY, NO, I'M NOT MAKING ANY CHANGES WHAT WE WANT YES.
HAVE NO, WE COULD PRESENT A DIFFERENT LANDSCAPE PLAN TO HELP P ALLEVIATE SOME OF THAT NEIGHBORS I IN OTHERWISE, UM, LIKE THAT.
SO A VOTE A WOULD BE TO DENY YOUR PASS OF REQUEST WITHOUT CORRECT MS. WILLIAMS, WOULD YOU PLEASE STILL THE VOTE MS. EVANS? AYE.
MOTION TO DENY WITH OUR PREJUDICE PASSES FIVE TO ZERO.
UM, SO THAT BRINGS US TO OUR, UH, LAST INDIVIDUAL CASE ON THE DOCKET DOA 2 5 0 0 0 0 8 2 AT 1 1 7 VAN MAR AVENUE.
UM, I UNDERSTAND THAT THE APPLICANT HAS REQUESTED A POSTPONEMENT SORT OF HOLD OVER THIS ACTION, UH, AND THAT THEY APPLICANT IS AWARE THAT UM, OUR NEXT MEETING, UH, FOR THIS PANEL C IS IN MARCH.
IT WAS SPECIFICALLY MARCH 16TH, 2026.
BUT I'LL LOOK TO SOMEONE TO CORRECT ME IF THAT IS YOU LOOK CORRECT.
IN LIGHT OF THAT, UM, GENERALLY THIS PANEL WILL GO ALONG WITH A REQUEST BY THE APPLICANT TO HOLD OVER A MATTER.
UM, DO I HAVE A MOTION MR. CHAIRMAN? I HAVE A MOTION PLEASE.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 25 DASH 0 0 0 0 8 2 HOLD THIS MATTER UNDER ADVISEMENT UNTIL OUR NEXT MEETING MARCH 16TH, 2026.
I WILL SECOND, I PRESUME NO ONE WANTS TO TALK ABOUT IT, HEARING NONE.
I WILL GO AHEAD AND LET MS. MS. EVANS AYE MS. GARNER AYE.
MR. SINGTON AYE MR. SLATE AYE.
MOTION TO HOLD UNTIL MARCH 16 PASSES FIVE TO ZERO AND THAT CONCLUDES, UH, PANEL C THIS JANUARY 22ND, 2026 AT THREE 16.