* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. GOOD [00:00:01] AFTERNOON, [Board of Adjustments: Panel A on February 17, 2026] UH, AND WELCOME TO THE BOARD OF ADJUSTMENT. MY NAME IS DAVID NEWMAN, AND I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF ITS PANEL A. TODAY IS TUESDAY, FEBRUARY 17TH. THE TIME IS 1:00 PM AND I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR A PUBLIC HEARING, A QUORUM, WHICH ACCORDING TO OUR RULES AND PROCEDURES, FOUR OR FIVE OF OUR PANEL MEMBERS IS PRESENT, AND THEREFORE WE CAN PROCEED WITH THE MEETING. UH, LET ME INTRODUCE, UH, MEMBERS OF THE BOARD. AGAIN, MY NAME IS DAVE NEWMAN, AND I SERVE AS CHAIRMAN OF THE BOARD OF ADJUSTMENT. TO MY LEFT IS KATHLEEN DAVIS, RACHEL HAYDEN, MICHAEL DORN, AND MICHAEL OVITZ. TO MY RIGHT, OUR BOARD ATTORNEY THERESA CARLISLE, AND SHE'S BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. KAMIKA MILLER. HOSKINS. RAISE YOUR HAND. THERE SHE IS. AND MARY WILLIAMS, OUR BOARD SECRETARY MEETING. MODERATOR, UH, BEFORE WE BEGIN, PLEASE ALLOW ME TO MAKE A FEW COMMENTS, UM, AND, UH, GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY IN WHICH WE ARE GONNA CONDUCT THE HEARING. MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME. WE OPERATE UNDER THE CITY COUNCIL, APPROVE RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. NO ACTION DECISION ON A CASE SETS A PRECEDENT. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES. THE APPLICANT HAS THE, HAS THE BURDEN OF PROOF. AND I WANNA REITERATE THAT AGAIN, THE STAFF IS HERE TO HELP YOU IN YOUR APPLICATION PROCESS BEFORE THE HEARING AND TO BRIEF THE BOARD DURING THE HEARING. BUT IN THE END, THE APPLICANT IS ALWAYS RESPONSIBLE FOR THE BURDEN OF PROOF IN ORDER TO WARRANT A FAVORABLE ACTION OF THE BOARD. WE'VE BEEN FULLY BRIEFED FOR THE STAFF PRIOR TO THE HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCUMENT, WHICH EXPLAINS THE CASE AND, AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR THE CONSIDERATION ON THE CASES TODAY SHOULD BE SUBMITTED TO A BOARD SECRETARY WHEN THE CASE IS CALLED MS. WILLIAMS IS OUR BOARD SECRETARY. THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD KEY TO THE DECISIONS TODAY. APPROVAL OF A VARIANCE OR A SPECIAL EXCEPTION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FIVE MEMBER PANEL. ALL OTHERS JUST A SIMPLE MAJORITY VOTE. SO TO GIVE YOU AN EXAMPLE, IF YOU'RE MAKING A REQUEST, IT REQUIRES FOUR OF THE FIVE MEMBERS TO APPROVE IT. THREE MAY BE A MAJORITY, BUT THAT DOESN'T APPROVE IT TO HOLD AN ITEM OVER. IT'S SIMPLE MAJORITY TO DENY. IT'S A SIMPLE MAJORITY, BUT TO APPROVE IT REQUIRES A SUPER MAJORITY OF FOUR OF FIVE MEMBERS. THAT'S CONSISTENT WITH STATE LAW. LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE EMAILED BY OUR, UH, TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING. IT WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE. ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON THE AGENDA FOR A MAXIMUM OF THREE MINUTES. A SPEAKER MAY ALSO SPEAK WHEN THEIR SPECIFIC CASES CALLED FOR THE PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON THE VIDEO TO ADDRESS THE BOARD. NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX, ALL TO BE DIRECTED TO MYSELF AS THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER. SO, UM, FIRST OF ALL, LET ME REITERATE TO EVERYONE THAT IF YOU'D LIKE TO SPEAK TODAY, UH, IF YOU'D LIKE TO SPEAK TODAY, UH, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER. MARY, WOULD YOU THROW THAT IN THE AIR SO THEY CAN SEE WHAT A BLUE SHEET OF PAPER, IT'S AT THE PODIUM. IT'S ONE OF THOSE IF YOU WANT TO SPEAK DURING PUBLIC TESTIMONY, WHEN, WHICH MEANS YOU CAN SPEAK ON ANYTHING ON THE AGENDA OR YOU WANNA SPEAK ON A SPECIFIC CASE. YOU HAVE TO FILL OUT THE BLUE SHEET OF PAPER BECAUSE THAT'S A MATTER OF PUBLIC RECORD. UM, PUBLIC TESTIMONY IS THREE MINUTES PER PERSON FOR THE HEARING PROCESS. UH, I'LL GO THROUGH THAT WITH THE FIRST CASE AND YOU'LL SEE I'LL HANDLE THAT IN THE SAME WAY FOR EACH ONE. OKAY? OKAY. UH, BOARD MEMBERS, LET'S REVIEW OUR AGENDA. UM, UH, WE HAVE OUR MEETING MINUTES FROM THE 20TH OF JANUARY, AND THEN WE HAVE SIX CASES, UH, ALPHA ROAD, BENGAL STREET, STRAIGHT LANE, TOON, GREENBRIER, AND COUNTESS. THOSE ARE THE CASES ON THE AGENDA. ANY QUESTIONS ON THE AGENDA? OKAY. UH, SO WE'RE JUST GONNA HOLD FOR ONE SECOND AND I'M GONNA ASK YOU, BRING THAT, BRING THAT UP TO THE CORNER TABLE [00:05:01] HERE. WE CAN GIVE IT TO MR. THOMPSON. THANK YOU MR. THOMPSON. MORE CHAIRS FOR THOSE. AND WE'RE GONNA HOLD FOR ONE SECOND. I NEED TO ASK A QUESTION OR TWO TO THE BOARD ATTORNEY AND TO, UH, STAFF. SO, ONE SECOND. SO, AND WE'RE IN THE MEANTIME. WE'RE GONNA GET YOU CHAIRS. ONE SECOND. I'LL BE BACK WITH YOU. OKAY. THANK YOU FOR YOUR INDULGENCE. UH, FIRST ITEM ON THE AGENDA IS THE REVIEW AND APPROVAL OF OUR MEETING MINUTES FROM JANUARY 20TH. UH, THE CHAIR ENTERTAIN A MOTION. MR. DORN, I MOVED TO THE MEETING MINUTES FROM THE JANUARY MEETING. UM, MR. DORN HAS MOVED TO APPROVE THE MEETING MINUTES AS PRESENTED FROM OUR JANUARY 20TH BOARD OF ADJUSTMENT PANEL. EIGHT MINUTES. IS THERE A SECOND? I'LL SECOND. SECOND BY MS. HAYDEN. DISCUSSION IN THE MOTION? NO DISCUSSION. ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. THOSE OPPOSED? MOTION PASSES. FIVE TO ZERO. MEETING MINUTES ARE APPROVED AS PRESENTED. THANK YOU. UH, AS I MENTIONED TO EVERYONE TODAY, WE ARE GONNA HANDLE THE CASES IN THE ORDER THAT THEY'RE PRESENTED. 1 0 3 WITH ALPHA, THEN BENGAL, THEN STRAIGHT, THEN TOCAL LUNG, THEN GREENBRIAR, AND THEN COUNTESS. OKAY. FIRST CASE FOR OUR HEARING TODAY IS 6 5 2 4 ALPHA ROAD, 6 5 2 4 ALPHA ROAD. UH, THIS IS BO 8 2 5 0 0 0 1, 0 3. IS THE APPLICANT HERE, MR. VINCENT, PLEASE COME FORWARD. GOOD AFTERNOON. GOOD AFTERNOON, SIR. MR. SHERIFF, MEMBER, UH, IF YOU WOULD, UM, GIVE US YOUR NAME AND ADDRESS AND THEN THE BOARD SECRETARY WILL SWEAR YOU IN. HOLD, HOLD ON A SECOND. SHE'LL SWEAR YOU IN. DO WE HAVE ANY OTHER SPEAKERS FOR ALPHA ROAD? WE HAVE A TOTAL OF FOUR SPEAKERS, SO, OKAY. ALL IN FAVOR? ALL IN OPPOSED? OPPOSITION. SO EVERYBODY'S IN FAVOR. OKAY. FOUR. AND ARE THEY IN, IN PERSON OR ONLINE? UH, POSSIBLY ONE ONLINE. OKAY. SO FOUR, I HAVE NOT SEEN FOUR THREE SLASH ONE. WE'LL DO THE IN PERSON FIRST. UM, OKAY. MR. VINCENT, IF YOU'D, UH, GET SWORN IN. MARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE, FOR PLEASE PROCEED, GIVE US YOUR NAME AND ADDRESS. OKAY. UM, DO I HAVE THREE MINUTES OR FIVE MINUTES? I'M GONNA GIVE YOU FIVE MINUTES. ACTUALLY, I'M GONNA GIVE YOU AS MUCH TIME AS YOU NEED. UM, AND THIS WILL BE TELLING TO EVERYONE ELSE IN ALL THE HEARINGS WE HAVE TODAY, OUR RULES OR PROCEDURES STATE THAT THE APPLICANT'S ALLOWED FIVE MINUTES TO PRESENT. ANYONE ELSE THAT SPEAKS IN FAVOR IS ALLOWED FIVE MINUTES. ANYONE IN OPPOSITION THEN IS ALLOWED FIVE MINUTES, AND THEN THE APPLICANT'S ALLOWED A FIVE MINUTE REBUTTAL. UM, AND THAT THOSE ARE ALL SUBJECT TO THE DISCRETION OF THE PRESIDING OFFICER. SO, [00:10:01] UM, I'M GONNA LET YOU AND EVERYONE ELSE TAKE AS, AS A PRESENTER, TAKE AS MUCH TIME AS YOU NEED. I WILL CUT YOU OFF IF YOU'RE REDUNDANT, AS I'VE ALWAYS SAID, THAT I WANNA BE FAIR TO THE APPLICANT, UM, SO THAT YOU HAVE AN OPPORTUNITY TO SPEAK TO ANY AND ALL THE ISSUES PRESENTED. SO, YES, THE CLOCK'S RUNNING, BUT YOU DO YOU SPEAK TO, TO WHAT YOU NEED TO SPEAK TO. OKAY. THANK YOU, MR. CHAIR. UM, AGAIN, UH, JONATHAN VINCENT, 23, 23 ROSS AVENUE HERE REPRESENTING NORTHWOOD CLUB. UM, AND I'M GONNA GIVE YOU SORT OF A BRIEF INTRODUCTION AND TRY TO ADDRESS ONE OF THE THINGS THAT WAS, UM, BROUGHT UP IN THE BRIEFING. AND THEN, UM, REPRESENTATIVES OF THE CLUB THEMSELVES HAVE THIS EXCELLENT PRESENTATION, AS YOU'VE ALREADY REMARKED ON. SO, UM, WE ARE HERE TODAY ON A HIKE. BRING THAT MICROPHONE A LITTLE BIT, SLIDE IT DOWN TO YOU. IS THAT BETTER? CAN YOU MOVE THE STAND DOWN TO YOU? UM, IT'S OR WON'T MOVE. OH, THERE IT IS. WE WANT TO HEAR EVERYTHING YOU HAVE TO SAY. OKAY. IS THAT BETTER? OKAY, GREAT. UM, WE ARE HERE TODAY ON A HEIGHT VARIANCE REQUEST. UH, THE ALLOWABLE HEIGHT IN R ONE HALF ACRE IS 36 FEET. WE'RE ASKING FOR A VARIANCE OF NINE AND A HALF FEET MAXIMUM. UM, ACTUALLY IT'LL PROBABLY COME IN A LITTLE BIT LESS THAN THAT. UH, 45 FEET, SIX INCHES. UM, AS THEY GO THROUGH THE PRESENTATION, THEY'LL SHOW YOU THAT THIS IS REALLY FOR ONLY ABOUT HALF THE SITE, AND THAT THE AVERAGE BUILDING HEIGHT IS REALLY GONNA BE LESS ACTUALLY THAN WHAT THE ZONING ALLOWS. UH, THIS DOES HAVE AN SUP 1 23, IT GOES BACK TO THE LATE FIFTIES, THE DAYS OF SPECIAL PERMITS. IT WAS JUST TRANS TRANSITIONED ON THE ZONING MAP IN THE SIXTIES. SO IT'S A PERMANENT SUP WITH NO SITE PLAN. UM, NO TIME PERIOD LIMITS, ANYTHING LIKE THAT. UH, AS I'VE SAID IN MY, UM, MATERIALS AS WELL AS WHAT YOU'RE GONNA SEE IN THE PRESENTATION, UM, ONLY ABOUT 23% OF THE STRUCTURE WAS GONNA GO UP IN THE FORTIES AND FEET. 42 FEET, THREE INCHES, APPROXIMATELY ABOUT 28% MORE WILL GO TO 38 FEET, TWO INCHES. AND THE REMAINDER IS ACTUALLY GONNA BE UNDER, UM, THE HEIGHT LIMIT. SO THE AVERAGE STRUCTURE HEIGHT, I DID THE MATH, SO, YOU KNOW, I WAS NOT A MATH MAJOR, BUT I THINK THIS IS RIGHT. THE AVERAGE STRUCTURE HEIGHT ACROSS THE ENTIRE STRUCTURE IS 31.43 FEET. AND BEAR IN MIND THAT 36 IS WHAT'S ALLOWED. SO REALLY WE ARE NOT, UM, TRYING TO, UH, DO TOO MUCH IN TERMS OF, YOU KNOW, WE THINK THIS IS RESPECTFUL OF THE NEIGHBORHOOD, UM, AND THE IMPACT ON THE COMMUNITY. AND I THINK THAT'S BORNE OUT BY THE FACT THAT WE HAVE SO MUCH SUPPORT IN THE AREA. UH, THE HIGHER PORTION IS IN THE CENTER PART. SO THAT LESSENS THE VISUAL IMPACT. UM, THIS BUILDING WAS BUILT IN THE 1970S. IT'S OBSOLETE. UM, THE CHALLENGES WE FACE AND THE REASON WE BELIEVE THIS MEETS THE PROPERTY HARDSHIP CONDITIONS IS NUMBER ONE, WE ARE BUILDING WITHIN THE EXISTING FOOTPRINT. UM, NOT JUST BECAUSE WE WANT TO, BUT BECAUSE WE HAVE TO. THERE'S PARKING LOT, UM, AND WE'LL COME BACK TO THAT IN A SECOND. THERE'S A SWIMMING POOL. THERE ARE OTHER, UM, THINGS IN THE AREA. UM, PROBABLY MOST IMPORTANTLY, NUMBER ONE, THE 18 HOLES, AT LEAST ON THIS SIDE, I GUESS IT'S PROBABLY NINE HOLES, SURROUNDS THE CLUBHOUSE. THE CLUBHOUSE IS RIGHT IN THE CENTER OF THE PROPERTY. WE COULD NOT PUT THE CLUBHOUSE ANYWHERE ELSE WITHOUT DESTROYING THE GOLF COURSE, WHICH OF COURSE WE NOT, UM, NOT WANTING TO DO. AND THE ZONING REQUIRES US TO HAVE A GOLF COURSE COMPONENT TECHNICALLY UNDER THE USE DEFINITION. UM, FURTHER, WE'RE SURROUNDED, UH, ON SEVERAL SIDES BY MATURE, UH, OAK TREES. UM, AS YOU MAY KNOW, THE ROOT BALL OF THOSE IS PRI PROBABLY PRETTY CO-EXTENSIVE WITH THE CANOPY. WE ARE LEAVING FOUNDATION WALLS IN PLACE SPECIFICALLY TO PRESERVE THOSE OAK TREES. SO, YOU KNOW, I THINK THAT'S, THAT'S VERY WORTHY OF CONSIDERATION IN TERMS OF THE PROPERTY CONDITION. UM, THAT'S UNIQUE TO THIS. UM, YOU KNOW, MS. HI MOTO GAVE YOU A, A VERY GOOD RECAP OF THIS, WHICH I THINK, UH, REITERATES THE FACT THAT WE MEET ALL OF THE PROPERTY HARDSHIP CONDITIONS. UM, SO THE TOPOGRAPHY IS ANOTHER IMPORTANT ONE. THERE'S AT LEAST 10 TO 12 FEET OF FALL FROM ONE SIDE OF THE PROPOSED BUILDING TO ANOTHER. SO, YOU KNOW, AGAIN, THAT'S A PROPERTY HARDSHIP CONDITION THAT, UM, WE BELIEVE CLEARLY MERITS ACCRUAL OF THE VARIANCE. SO I JUST WANNA BRIEFLY RECITE AGAIN FOR THE RECORD THAT WE DO MEET THE VARIANCE OF STANDARDS. SPECIAL CONDITIONS ARE PRESENT, SO LITERAL ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP FOR SEVERAL REASONS THAT I'VE ARTICULATED. IT OBSERVES THE SPIRIT OF THE ORDINANCE, THUS SUBSTANTIAL JUSTICE. UM, AGAIN, RESTRICTIVE SHAPE OF THE FOOT FOOTPRINT, UH, SURROUNDED BY THE GOLF COURSE, MATURE TREES, THE TOPOGRAPHY. UM, AND IT'S NOT CONTRARY TO THE PUBLIC INTEREST AT ALL. THE ADDITIONAL HEIGHT IS LIMITED TO 51% OF THE NEW STRUCTURE. UM, WE, THE CLUB, I HAVEN'T DONE IT, THE CLUB DID EXTENSIVE OUTREACH, WAS VERY PROACTIVE. AND YOU SEE THAT REFLECTED IN THE 23 LETTERS OF SUPPORT, UM, FROM SURROUNDING PROPERTY OWNERS. SO AGAIN, UM, WE BELIEVE THAT THIS VERY WELL MERITS THE SUPPORT OF THE BOARD, UH, THAT WE MEET THE PROPERTY HARDSHIP CONDITIONS AND THE OTHER VARIANT STANDARDS FOR THE GRANTING OF THIS HEIGHT VARIANCE. UM, NOW THERE IS ONE THING THAT CAME UP IN THE BRIEFING THAT I WANNA BRIEFLY ADDRESS, AND THAT'S THE QUESTION OF, UM, A PARKING VARIANCE APPROVAL THAT WAS GRANTED IN [00:15:01] 1978. UM, THERE WAS A CONDITION IN THAT, UH, THAT THE CITY WAS TO COME BACK AND LOOK AT IT IN 1980. THE CITY DID DO THAT, THE CITY STAFF DID. UM, THOSE ARE THE BEST RECORDS WE COULD FIND. UM, SINCE THAT TIME, UH, NUMEROUS PERMITS HAVE BEEN ISSUED FOR OTHER ITEMS. IN FACT, THE CLUB HAS GONE BACK TO THE BOARD SEVERAL TIMES SUBSEQUENT TO 1980, MOST RECENTLY, UH, JANUARY 17TH, 2023 TO FENCE HEIGHTS SPECIAL EXCEPTION CASES, WHICH I HANDLED, I THINK IT WAS IN FRONT OF THIS PANEL, WHICH WERE GRANTED. SO, UM, YOU KNOW, THE CITY DID THINGS DIFFERENTLY BACK THEN. I WAS STILL IN LAW SCHOOL AT THE TIME, THAT'S HOW LONG AGO THIS WAS. UM, ANYBODY INVOLVED IN THE CLUB AT THAT TIME, I'M SURE IS NO LONGER AROUND. UH, AT LEAST CERTAINLY NOT, UM, AN ACTIVE PARTICIPANT. SO, AS FAR AS WE'RE CONCERNED, BUILDING INSPECTION HAS REVIEWED THIS NUMEROUS TIMES. THEY APPARENTLY APPROVED IT, THOUGHT IT WAS GOOD ENOUGH TO ISSUE PERMITS ON FOR NUMEROUS THINGS. IT HAD NOT COME BACK UP IN MY EXPERIENCE AND DOING WORK FOR THE CLUB IN RECENT YEARS. UM, EVEN IF THAT WAS AN ISSUE UP FOR DISCUSSION. UM, WHAT I, ONE THING I WOULD LIKE TO POINT OUT IS THAT UNDER THE RECENT PARKING REFORM, AND I CAN PASS THESE OUT IF YOU'D LIKE TO SEE 'EM, BUT THIS IS A COPY OF THE PAGE FROM THE CURRENT CODE ON RECREATION USES COUNTRY CLUB WITH PRIVATE MEMBERSHIP NOW REQUIRED OFF STREET PARKING IS NONE. WE HAVE, UM, AT LEAST 342 PARKING SPACES THAT EXIST THAT HAVE EXISTED SINCE 1980 OR BEFORE. SO WE ARE 342 SPACES OVER THE CURRENT PARKING REQUIREMENT FOR COUNTRY CLUB. SO, YOU KNOW, IF HYPOTHETICALLY THAT WAS AN ISSUE, WE ARE, WE'RE WELL BEYOND, UM, WHAT THE PARKING REQUIREMENT WOULD BE CURRENTLY. SO IS THE VARIANCE IN EFFECT OR NOT? I THINK IT IS. YOU KNOW, I THINK HISTORY BEARS THAT OUT. UM, I WOULD ALSO POINT OUT THAT WE'RE ACTUALLY ONLY HERE TODAY ON THE HEIGHT VARIANCE. SO I MEAN, TO, WE'RE NOT TRYING TO RETRADE THE PARKING VARIANCE. WE'RE NOT ASKING FOR PARKING RELIEF. WE DON'T NEED PARKING RELIEF. SO I WOULD, YOU KNOW, IT, IT SEEMS TO ME THAT THE SCOPE OF WHAT WE'RE DISCUSSING TODAY WOULD PROPERLY BE LIMITED TO THE HEIGHT VARIANCE. UM, AND AGAIN, I WANNA REITERATE AND WELCOME TO HAVE THESE IF YOU WANT, UM, OR, YOU KNOW, YOUR CITY ATTORNEY CAN CONFIRM THAT THIS IS THE CASE. WE DON'T NEED ANY PARKING RELIEF. UM, EVEN IF HYPOTHETICALLY THERE WAS SOME REASON THAT THAT BECAME AN ISSUE, UM, WE HAVE, AGAIN, 342 MORE SPACES THAN WE'RE REQUIRED TO HAVE. SO I'M GONNA CONCLUDE THERE AND, UM, LET THE REST OF OUR TEAM GET INTO THE PRESENTATION. UM, AGAIN, WE CLEARLY MEET THE REQUIRED VARIANCE STANDARDS, UM, ESPECIALLY FOR THIS HEIGHT VARIANCE, WHICH IS WHAT WE'RE HERE ON TODAY. UH, THE PUBLIC NOTICE, EVERYTHING IS LIMITED IN SCOPE TO THE HEIGHT VARIANCE. SO THAT'S ALL THAT'S ON THE TABLE LEGALLY. AND, UM, I WOULD RESPECTFULLY ASK FOR YOUR APPROVAL OF THIS. UH, I THINK IT'S A GOOD REQUEST AND APPRECIATE YOUR ATTENTION. THANK YOU. THANK YOU, MR. VINCENT. UM, WE'LL KEEP GOING WITH SPEAKERS, THEN WE'LL GO TO QUESTIONS FOR NOW. WHO'S THE NEXT SPEAKER? MS. WILLIAMS. MS. JENNIFER HERTO AFTERNOON. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. UH, JENNIFER HIROTO, 1 0 2 3 3 EAST NORTHWEST HIGHWAY IN DALLAS. UH, I WON'T REPEAT WHAT, UH, MR. VINCENT SAID. UM, WANTED TO POINT OUT THAT, UM, THE PURPOSE OF THE NEW CLUBHOUSE IS NOT TO ENLARGE OUR ENROLLMENT. IT IS PURELY TO MODERNIZE AND HAVE MODERN FACILITIES FOR THE CURRENT MEMBERS. SINCE IT IS MEMBERSHIP BASE, WE HAVE CONTROL OF HOW MANY MEMBERS THERE ARE. SO WE DON'T BELIEVE THERE WOULD BE A PARKING ISSUE. I, WE DON'T SEE THAT THERE WOULD BE AN OPPORTUNITY FOR SPILLOVER IF THAT WERE TO HAPPEN. UM, THE OTHER SPEAKERS THAT REGISTERED TODAY ARE, UH, PART OF THE DEVELOPMENT TEAM AND A MEMBER OF THE CLUB. WE'RE HERE TO ANSWER QUESTIONS, UM, OR GO THROUGH THE PRESENTATION IF YOU LIKE. YOU'RE FREE TO MAKE A PRESENTATION IF YOU WANT TO NOW, OR ARE YOU HOLDING THAT IN ABEYANCE? WE'RE HOLDING ON. OKAY, THAT'S FINE. THANK YOU. DID, DID YOU, DID THE OTHER INDIVIDUALS WANNA SPEAK OR NO? OH, WE'RE HERE FOR QUESTIONS. OKAY. YES. THANK YOU. UM, MR. VINCENT, YOU COULD COME BACK UP EITHER ONE. I, I DIDN'T KNOW WHICH ONE YOU BOTH REPRESENTED THE APPLICANT. UH, YOU ARE CORRECT. CONCERN WAS RAISED BY ME THIS MORNING IN THE BRIEFING REGARDING, UH, PAGE 60 AND 61 OF THE SUBMISSION BY THE APPLICANT INTO EVIDENCE. SO, , IT'S LUCKY YOU, YOU WERE FORTHRIGHT IN PROVIDING EVIDENCE [00:20:01] AND AN ORDER BY THE BOARD OF ADJUSTMENT DATED JANUARY 30TH, 1978. UH, WE'RE REFERENCING A DECEMBER 6TH, 1977 DECISION WHERE IT SAYS THAT THE PARKING VARIANCE BE GRANTED ON A TWO YEAR BASIS, AT WHICH TIME THE OWNERS MUST REAPPLY AND COME BACK BEFORE THE BOARD FOR REVIEW OF THE PARKING. THAT'S IN COPY OF THE LETTER WRITTEN BY OUR BOARD ADMINISTRATOR BACK THEN ON PAGE 60 OF OUR DOCKETS. I'M JUST REREADING THAT, UM, I DID ASK OF OUR STAFF, AND I HEARD YOU IN YOUR PRESENTATION, MENTIONED THAT THE CITY COUNCIL IN THEIR AUTHORITY HAS CHANGED THE PARKING REQUIREMENT. AND INDEED, I DON'T KNOW WHAT SECTION OF THE CODE IT IS, BUT DID I, I, I'LL TRUST ME, I'LL GET IT. UH, DID, YES, I GOT IT. UM, THAT PARKING REQUIREMENT WITHIN COUNTRY CLUBS IN THE BASE ZONING IS NO LONGER REQUIRED. AND SINCE YOU'RE NOT IN A, IN A PD, YOU REVERT TO BASE ZONING. SO THEREFORE THERE'S NOT A REQUIREMENT. SO YOU'RE RIGHT IN THE END, THERE IS NOT TODAY A REQUIREMENT FOR PARKING THERE. SO I, FOR ONE, OR THE BOARD WON'T HOLD THAT AS PART OF THE DECISION MAKING PROCESS HERE TODAY. BUT WHAT I WILL DO IS VERY PUBLICLY STATE, IF THE BOARD OF ADJUSTMENT IN DOING ITS DUE DILIGENCE AND DOING AND EXECUTING ITS RESPONSIBILITIES APPROVES A VARIANCE SUBJECT TO A TWO-YEAR COMEBACK AND REVIEW. IT MEANS WHAT IT SAYS, PERIOD. YOU SAID THE CITY DID THINGS DIFFERENTLY BACK THEN. THAT DOESN'T CUT THE MUSTARD. IT, IT DOESN'T CUT IT. THE STAFF'S NOT EMPOWERED FOREVER TO MAKE A DECISION ON BEHALF OF THE BOARD. WHETHER IT BE YOUR QUESTION FOR YOUR HEIGHT TODAY, THE HEIGHT VARIANCE, OR WHETHER IT BE A PARKING EXCEPTION OR WHETHER IT BE A, UM, VISIBILITY TRIANGLE. ANY, ALL THOSE THINGS, THOSE AUTHORITIES ARE VESTED IN THE BOARD. THERE ARE MANY THINGS THAT AREN'T VESTED IN THE BOARD, AND WE HAVE NO BUSINESS ON. PARKING VARIANCE IS SOMETHING THAT'S VESTED TO THE AUTHORITY OF THE BOARD. AND THERE HAVE BEEN MANY CASES THAT YOU'RE VERY WELL AWARE OF THAT THE BOARD HAS APPROVED SUBJECT TO A ONE YEAR OR TWO YEAR COMEBACK AND VISIT WITH US. MM-HMM . NOT VISIT WITH THE STAFF, BUT VISIT AND GET APPROVAL BY THE BOARD. AND I WANNA MAKE SURE THERE'S NO CONFUSION WHATSOEVER. YES, SIR. UNDERSTOOD. NOT ON MY PART. I KNOW, I I'M NOT, I'M JUST, I'M SAYING THIS TO YOU AND I'M ALSO TO THE PUBLIC. THAT IS PART OF OUR RESPONSIBILITY AND I PROTECT THAT RESPONSIBILITY ZEALOUSLY QUESTIONS FOR THE APPLICANT, MR. HOPKOS. SO LET'S HAVE A COUPLE QUESTIONS FOR YOU. IF THE, UM, YOU SAID THERE'S NO OTHER, UH, REALLY NOT A PLACE TO EXPAND THE STRUCTURE YET, YOU'VE JUST GIVEN UP 342 PARKING SPACES WORTH OF SPACE. THOSE SPACES ACTUALLY EXIST. THEY'VE BEEN THERE SINCE, I UNDERSTAND, BUT IF YOU'RE NOT REQUIRED TO HAVE THEM, THEN YOU COULD USE THAT SPOT TO BUILD ADDITIONAL, UH, SQUARE FOOTAGE, COULD YOU NOT? WELL, THEORETICALLY, UM, WE DON'T WANT TO EXPAND. WE WANNA BE RESPECTFUL OF, I GUESS ARCHITECTURALLY AND VISUALLY. WE DON'T WANT TO EXPAND THE BUILDING MORE THAN NECESSARY. AND AS MS. RITO SAID, WE'RE NOT EXPANDING THE MEMBERSHIP. SO WE DON'T NEED MORE LIKE A BIGGER BUILDING NECESSARILY. WE'RE TRYING TO GO UP TO PRESERVE THE TREES TO, YOU KNOW, DEAL WITH THE TOPOGRAPHY. YOU KNOW, AS, AS WE ALL KNOW WITH PARKING, THERE'S, THERE'S CITY REQUIREMENTS AND THEN THERE'S WHAT, YOU KNOW, MARKET DEMAND OR I MEAN THE MEMBERS, I DOUBT THAT THEY USE ALL OF THOSE SPACES, BUT THEY PROBABLY LIKE TO USE THOSE SPACES AND THEY PROBABLY LIKE TO GET CLOSE TO THE I'M, I'M SURE. I'M JUST ASKING IF YOU COULD WELL, I'M NOT THE ARCHITECT OR THE ENGINEER ON THE PROJECT. I, I SUPPOSE HYPOTHETICALLY, BUT I DON'T THINK IT'S A GOOD SOLUTION. UM, SO IS THE, IS THE NEW BUILDING NOT LARGER, SOME SQUARE FOOTAGE THAN THE CURRENT BUILDING? IT'S ABOUT THE SAME. ABOUT THE SAME SQUARE FOOTAGE. IN THE SAME FOOTPRINT, YES, SIR. BUT WITH THE SECOND FLOOR. YES, SIR. WE'RE JUST GOING UP A LITTLE HIGHER ON PER PART OF THE BUILDING. IS IT A TWO STORY STRUCTURE NOW? UH, I BELIEVE IT IS A TWO STORY STRUCTURE NOW. YEAH. UM, THE ONLY OTHER QUESTION I HAVE, I'M NOT SURE WHO IT'S FOR, COULD BE FOR YOU, MR. CHAIRMAN, COULD BE FOR SOMEONE IN OUR STAFF. UM, I HAVEN'T HEARD A CASE LIKE THIS BEFORE PERSONALLY, SO THAT'S WHY I'M ASKING. WE, UM, IF WE APPROVE A HEIGHT EXCEPTION FOR 65 24 ALPHA ROAD, SUBJECT TO THE PLANS THAT WERE SUBMITTED, WHAT DOES THAT MEAN FOR THE FUTURE IN TERMS OF ANYWHERE AT THE ADDRESS OF 65 24 ALPHA ROAD? COULD THEY BUILD A STRUCTURE OF THAT HEIGHT? [00:25:02] SO I'M GONNA RESPOND AND THEN I'LL LET EITHER THE BOARD ATTORNEY OR BOARD ADMINISTRATOR, UH, AFFIRM OR MODIFIED WHAT WE'RE, WHAT WE'RE BEING ASKED TO APPROVE IS A NINE FOOT SIX INCH VARIANCE TO THE MAXIMUM BILL HEIGHT REGULATIONS ABOVE THE CODE FOR SPECIFIC PLANS AT A SPECIFIC LOCATION. WE'RE NOT APPROVING ANYTHING ELSE. SO WHEN BUILDING INSPECTION GOES OUT, THEY'RE GONNA SAY, YES, YOU CAN REBUILD THIS HERE AT THIS HEIGHT, AT THAT LOCATION WITH THESE DIMENSIONS AT, YOU KNOW, NOT INTO THE PARKING LOT, NOT INTO THE FAIRWAY OR THE DRIVING, THE, THE, THAT IS THAT, THAT SPECIFIC, UH, LOCATION. AM I CORRECT SOMEONE SAY YES. NO, OTHERWISE THAT'S CORRECT. YEAH, THAT'S IT. WE'RE NOT SAYING, WE'RE NOT SAYING 45 FEET, SIX INCHES, 10 FEET AWAY. WE'RE NOT SAYING ANYWHERE WE'RE SAYING IN THAT SPECIFIC LOCATION. YES. AGAIN, I'M GONNA MAKE SURE THAT'S CORRECT. OKAY. OTHER QUESTIONS? UH, I I WILL MAKE ANOTHER COMMENT HERE. UH, BESIDES MY FIRE AND MY THEORY OVER FAILURE TO HEED TO THE BOARD'S REQUEST YEARS AGO, I THOUGHT THE APPLICANT, AND I DON'T KNOW IF THAT'S YOU OR, UH, THE COUNTRY CLUB OR MS. HIRTA DID AN OUTSTANDING JOB OF SOLICITING FEEDBACK FROM THE NEIGHBORS AND DOING A GRAPHIC THAT SHOWED DISTANCES FROM EACH POINT FROM THE PROPOSED EXTENSION. I'M TALKING ABOUT PAGE, WHOOPS, PAGE 66 IN OUR DOCKET. I MEAN, ABSOLUTELY FABULOUS WAY OF SAYING PROXIMITY BECAUSE FOR THIS ONE MEMBER, THAT'S WHAT IT ALL CAME DOWN TO ME, IS WHAT'S THE SIDELINES THAT ARE GONNA INTERFERE ALL THOSE SINGLE FAMILY HOW HOMES AROUND THE COUNTRY CLUB? UM, AND IT SEEMS TO ME, AT LEAST BY VIRTUE OF THE FEEDBACK WE'VE GOTTEN OF THE, THE CLUB HAS DONE A VERY GOOD JOB OF CULTIVATING AND MAINTAINING A GOOD RELATIONSHIP WITH ITS FELLOW PROPERTY OWNERS. UM, OUR CRITERIA IS NOT CONTRARY TO PUBLIC INTEREST NECESSARILY PERMIT SPECIFIC PAR DEVELOPMENT OF PARCEL OF LAND AND NOT GRANTED TO RELIEVE SELF-CREATED PERSONAL HARDSHIP. AND IT REQUIRES ALL THREE OF THOSE COMPONENTS. SO THE, THE PRESENTATION AND THE OUTREACH AND THE PROCESS THAT YOU GET THE CREDIT OR THE BLAME FOR, SHE GETS THE CREDIT OR THE BLAME FOR WAS OUTSTANDING. UH, IT'S RARE THAT YOU GET THIS SORT OF UNANIMITY AND IT'S PUT WELL TOGETHER. NOT EVERYONE CAN AFFORD IT. UH, SO THEY CLEARLY HIRED CADILLAC AND A, UH, AND A MERCEDES, BUT THE NOT THE POINT BEING IS VERY CLEAR, AND I'M SURE IT WAS CLEAR TO THEM, HAS, IT'S BEEN VERY CLEAR TO US. SO I'LL BE SUPPORTING THE REQUEST. JUST REMEMBER MY FIRE ABOUT ADHERING TO THE BOARD'S ORDERS. IF, IF YOU DON'T MIND ME INTERJECTING MR. SHERIFF, THE, THE CREDIT FOR THAT, UM, THE, THE APPLICANT'S TEAM, UM, THEY'RE ACTUALLY ON WITH GRANITE PROPERTIES, BUT INVOLVED WITH THE CLUB. THAT'S ALL THEM. THEY DID AN OUTSTANDING JOB ON BEING PROACTIVE, REACHING OUT TO THE NEIGHBORHOODS, UM, MAKING THE CALCULATIONS, DOING THE GRAPHICS. AND YOU'RE RIGHT, THEY HAVE, UH, OVER DECADES HAVE FOSTERED AN EXCELLENT RELATIONSHIP. WELL, THIS IS AN EXAMPLE OF, AND HOW LONG HAS THE CLUB BEEN THERE? UH, ACTUALLY SINCE THE LATE 1940S. THE US OPEN IN 1952. SO THAT'S 85 YEARS WE'LL SAY. YES, SIR, 85 YEARS. SO THAT IS, THAT'S A LONG-TERM RELATIONSHIP WITH THE NEIGHBORHOOD AND, UM, IT'S A VERY DELICATE BALANCE BETWEEN RESPECTING YOUR PROPERTY RIGHTS AND THEIR PROPERTY RIGHTS. AND THAT'S WHAT THIS IS ALL ABOUT. THAT'S WHY IT'S IN THE CODE OF BEING NOT CONTRARY TO PUBLIC INTEREST. SO VERY GOOD JOB OF THAT. JUST FIRE MY BELLY. YOU, THE REASON WE'RE CONSTITUTED IS TO GRANT THESE EXCEPTIONS AND VARIANCES, BUT IT'S, BUT THE APPLICANT'S DUTY IS TO FOLLOW UP, NOT CUT ASIDE, DEAL WITH THE STAFF OR ANYTHING ELSE LIKE THAT. AND THERE'S OTHER OCCASIONS THAT WILL COME UP IN THE, IN THE CON IN THE CONTINUITY, CONTINUITY OF YOUR EXPERIENCE THAT YOU'VE BEEN ASKED TO COME BACK. AND THAT RESPONSIBILITY IS THE APPLICANT'S, NOT THE STAFF'S, NOT THE BOARD. I AGREE. I'M WELL AWARE OF THAT. OKAY. THANK YOU. OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WILL ENTERTAIN A MOTION. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO FIVE DASH 0 0 1 0 3 ON APPLICATION OF J JENNIFER. HI MOTO. GRANT, THE NINE SIX VARIANCE TO THE MAXIMUM BUILDING HEIGHT REGULATIONS REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IS REQUIRED IN THE MATTER OF BOA 2 5 0 0 0 1 0 3. MS. HAYDEN HAS MOVED TO GRANT THE REQUEST FOR A [00:30:01] VARIANCE FOR THE MAXIMUM BUILDING HEIGHT. IS THERE A SECOND? SECOND. SECONDED BY MR. DORN. DISCUSSION ON THE MOTION. MS. HAYDEN? I FELT THAT THE APPLICANT MET THE CRITERIA. UM, FIRST NOT CONTRARY TO PUBLIC INTEREST AS WAS PREVIOUSLY MENTIONED, THE OUTREACH TO THE PUBLIC AND THE SUPPORT FROM THE SURROUNDING PROPERTIES WAS VERY IMPORTANT. UM, THE, UM, I ALSO APPRECIATE THAT THIS BUILDING WILL BE WITHIN THE EXISTING FOOTPRINT AND WON'T BE DISTURBING THE MATURE TREES AND, YOU KNOW, ON THE SLOPE. UM, AND THEN IT WASN'T A SELF CREATED HARDSHIP. THANK YOU MS. HAYDEN. MR. DORN DISCUSSION ON THE MOTION? NO DISCUSSION. OKAY. UH, HEARING NO DISCUSSION. THE MOTION ON THE FLOOR IN BO OA 2 5 0 0 0 1 0 3, THE MOTION IS TO GRANT THE REQUEST FOR A VARIANCE TO THE MAXIMUM BUILDING HEIGHT. THE BOARD SECRETARY WILL CALL THE VOTE, MS. HAYDEN AYE. MS. DAVIS? AYE. MR. DORN AYE. MR. OVITZ? AYE. MR. CHAIRMAN? AYE. MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BOA 2 5 0 0 0 1 0 3. THE BOARD UNANIMOUSLY, UH, GRANTS BY A VOTE A VOTE OF FIVE TO ZERO, THE REQUEST FOR A NINE FOOT SIX INCH VARIANCE TO THE MAXIMUM BUILDING HEIGHT. THANK YOU VERY MUCH, MR. GRANT . OH, OKAY. NEXT CASE THAT WE'RE GONNA HEAR TODAY IS, UM, BO A 2 5 0 0 0 0 6 6. THIS IS AT 4 7 0 1 BENGAL STREET. HOLD FOR A SECOND, . OKAY. OKAY. THIS IS A HOLDOVER CASE. MS. UM, WILLIAMS, THE QUESTION FOR YOU IS, WHAT SPEAKERS DO WE HAVE FOR THIS CASE? WE HAVE THE APPLICANT AND ONE IN OPPOSITION. OKAY. SO ONE AND ONE. OKAY. OUR RULES OF PROCEDURE ARE THE APPLICANT GETS FIVE MINUTES TO PRESENT, THE OPPOSITION GETS FIVE MINUTES TO SPEAK, THEN THE APPLICANT GETS FIVE MINUTES REBUTTAL, AS I SAID IN THE PREVIOUS CASE. AND I'LL SAY AGAIN, I'LL GIVE YOU AS MUCH TIME AS YOU THINK IS NECESSARY. WHATEVER TIME I GIVE YOU, I GIVE TO THE OPPOSITION. THE REBUTTAL IS, IS A SOLID FIVE MINUTES. SO, UH, YOU CAN TAKE AS MUCH TIME AS YOU NEED, MR. BALDWIN, JUST DON'T BE REDUNDANT AND I'LL CUT YOU OFF IF YOU ARE, BUT I WANNA GIVE YOU, UH, AND ANYONE THAT WANTS TO SPEAK RE RELATIVE TO THIS, UM, UH, TIME TO SPEAK. SO WHAT THE BOARD SECRETARY JUST GAVE US IN THIS SL OF PAPERWORK, UM, IS A DOCUMENT AND THEN IT LOOKS LIKE A POWERPOINT OR ANOTHER DOCUMENT AND OH, THAT'S FROM THE OPPOSITION, I THINK, BUT YOURS IS, IS THIS OKAY? YES, SIR. AND THEN THE, UH, THE PERSON SPEAKING OPPOSITION GAVE US SOMETHING ELSE TOO. SO WE'VE GOT THOSE TWO DOCUMENTS. ALRIGHT. SO IF YOU WILL BE SWORN IN BY OUR BOARD SECRETARY BOWEN, DO YOU SWEAR OUR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. YES, MA'AM. OKAY, PROCEED SIR. GOOD AFTERNOON, MR. CHAIR. LADIES AND GENTLEMEN, MY NAME IS ROB BALDWIN. I OFFICE AT 3 9 0 4 ELM STREET, SUITE B IN DALLAS. I'M HERE REPRESENTING, UH, THE PROPERTY OWNER OF 4 7 0 1 PINGLE AVENUE. NEXT SLIDE. THERE IT IS. YOU SEE IT'S, UM, UP OFF OF MAPLE AVENUE, UH, IN A LITTLE BIT CLOSER TO THE MICROPHONE. IT'S UP OFF, UH, EAST OF MAPLE AVENUE, UH, OVER BY THE, UH, MEDICAL DISTRICT. NEXT SLIDE, PLEASE. AND THIS IS THAT THE SITE IS OUTLINED IN GREEN ORIGINAL, UH, BUILDING THE, TO THE, JUST KIND OF THE SOUTHWEST HERE. IT WAS BUILT PREVIOUSLY UNDER, UH, THE PREVIOUS CITY ZONING ORDINANCE BEFORE 1985, WHICH DID NOT REQUIRE A FRONT YARD SETBACK IN THE IR DISTRICT OR THE, UH, THE I ONE DISTRICT BACK THEN IS THE IR DISTRICT NOW. WE WENT AND, UH, DID AN ADDITION TO IT AND IT WAS, WE ACTUALLY GOT A PERMIT AND WE [00:35:01] WANNA GET INFORMATION ON THAT. WE HAVE BINDERS FOR YOU WITH ALL THE PERMIT HISTORY ON THIS, BUT WE GOT PROPERTY WAS BUILT, WORKED WITH THE CITY, GOT A PERMIT, AND THE CITY'S MAKING US COME BACK TO FINALIZE THE, THIS VARIANCE. SO WE CAN UPDATE OUR CO NEXT SLIDE PLEASE. SO WE'RE ASKING FOR A VARIANCE TO THE FRONT YARD SETBACK, WHICH WE HAVE TWO ONE ALONG BINGLE STREET MCATEE AND ONE, UH, ON THE NORTHEAST SIDE. UH, WHERE, WHERE THAT ARROW IS POINTING, THAT IS A PLATTED BUT UNBUILT STREET, WHICH WE'LL GET TO IN JUST A SECOND. NEXT SLIDE PLEASE. THIS IS A, A SHOT FROM THE SITE. THE AREA WITH THE RED ROOF IS THE AREA THAT WE'RE SEEKING THE VARIANCE FROM. NEXT SLIDE, PLEASE. SO I, I APPRECIATE YOU GRINDING ME THE OPPORTUNITY TO COME BACK FROM LAST MONTH. SO THIS IS THE NO CHANGE IN OUR REQUEST. WE'RE ASKING NOT TO REQUIRE A FRONT YARD SETBACK ALONG MCATEE STREET AND BENGAL STREET. NEXT SLIDE PLEASE. AND THIS IS A SITE PLAN THAT SHOWS WHAT WE'RE ASKING FOR. THE AREA IN GRAY IS THE EXISTING BUILDING. THE RED LINE IS THE 15 FOOT SETBACK, WHICH IS REQUIRED NOW UNDER THE IR ZONING, WHICH WAS NOT REQUIRED WHEN THE REST OF THE BUILDING WAS BUILT, WHEN IT WAS AN I ONE DISTRICT. NEXT SLIDE PLEASE. SO CAME UP BRIEFLY, THE BRIEFING SESSION TODAY. ORIGINALLY THERE WAS A PROPOSED BRIDGE, PEDESTRIAN BRIDGE CONNECTING BENGAL STREET HERE, THE PLA, BUT UNBUILT STREET TO A RESIDENCE AND RESIDENTIAL SUBDIVISION TO THE, ACROSS THE CREEK TO THE EAST THAT HAD BEEN IN CITY PLANS FOR A LONG TIME. UM, AND SO THE, THE STREET'S NEVER BEEN IMPROVED, BUT IT'S STILL TREATED A STREET BECAUSE IT WAS GONNA BE A BRIDGE. THE CITY WANTED TO MAKE SURE THAT WE HAD THE SETBACK ON THAT. MY UNDERSTANDING NOW THAT BRIDGE IS NO LONGER IN THE PICTURE, THE NEIGHBORS TO THE EAST DO NOT WANT IT. YOU JUST ACT AS A CONDUIT TO BRING PEOPLE INTO THE STREET, UH, INTO THEIR NEIGHBORHOOD. AND AT THE BRIEFING SESSION, WE ALSO, UH, CHAIRMAN NEWMAN, UH, TALKED ABOUT THE AREA TO THE EAST, UH, NORTHEAST, THE VACANT AREA. THERE USED TO BE A BUILDING THERE THAT'S BEEN REMOVED. UH, WE ARE MAINTAINING IT. UH, I'VE BEEN OUT THERE A FEW TIMES IN THE LAST MONTH AND A HALF. I'VE DON'T SEEN ANY EVIDENCE OF ANY HOMELESS ENCA ENCAMPMENTS, TRASH OR ANYTHING. MY CLIENT RUNS HIS, UH, FORENSIC, UH, AUTO, AUTO FORENSIC LAW PRACTICE OUTTA THIS BUILDING. HE'S HERE EVERY DAY AND KEEPS A GOOD EYE ON IT. NEXT SLIDE, PLEASE. SO THIS SHOWS WHERE THE BUILDING IS IN RELATIONSHIP TO THE STREET, THE AREA, THE GREEN STREET, THAT'S A PARKING LOT. IT IS TRIGGERING A 15 FOOT SETBACK. THAT STREET WILL NEVER BE BUILT. IT DEAD ENDS INTO A CREEK. UH, BUT IT'S STILL TRIGGERING A SETBACK. WE'RE ASKING THAT WE GET RELIEF ALONG THAT BECAUSE THE PURPOSE OF BUILDING SETBACKS IS TO, YOU KNOW, KEEP BUILDINGS AWAY FROM PUBLIC RIGHT OF WAY. UH, AND IF ALL THIS IS A PUBLIC RIGHT OF WAY, IT'S NOT USED FOR VEHICLES. AND SO WE DON'T BELIEVE THAT A 15 FOOT SETBACK IS WARRANTED IN THIS SITUATION. NEXT SLIDE PLEASE. THIS IS A COPY OF THE CERTIFICATE OF OCCUPANCY FOR THIS BUILDING. IT SHOWS THAT WE'VE HAD ONE SINCE 2020. WE'VE GOT A BUILDING PERMIT FOR THIS IN 2019. WE'RE TRYING TO CLOSE THE LOOP ON THIS. UH, I HAVE A, A COLLEAGUE OVER HERE WHO'S BEEN INVOLVED WORKING WITH THE CITY ON SEVERAL YEARS, CLEANING UP THIS PROPERTY AND GETTING IT FULLY INTO COMPLIANCE WITH THE CITY CODE. AND THIS IS THE LAST STEP ON THAT. NEXT SLIDE, PLEASE. YOU LOOK AT THE HIGHLIGHTED BOTTOM SHOWS, THE MASTER PERMIT WAS ISSUED IN FEBRUARY 8TH, 2019, AND WAS COMPLETE. THAT WAS THE PERMIT TO BUILD THIS BUILDING AND THE, IT WAS BUILT IN ACCORDANCE TO THE APPROVED PLAN. UH, NEXT SLIDE PLEASE. THIS IS THE LETTER FROM THE LAST TIME, UH, 2011. WE CAME THROUGH AND GOT THE, UH, PERMIT OR THE VARIANCE APPROVED THE FIRST TIME IN 2011. ONCE WE GOT IT APPROVED, WE WERE GOING THROUGH THE PERMITTING PROCESS AND THAT WHEN THE BRIDGE ISSUE CAME UP, DID NOT GET COMPLETE THE BUILDING PERMIT APPLICATION, HE HAD TO DO IT AGAIN. AND THIS WHOLE BUILDING PERMIT, UH, ISSUE WITH THE, THE BRIDGE AND ANOTHER BUILDING THAT HAS BEEN REMOVED WAS AN ISSUE. AND MY COLLEAGUE, UH, ROBERT , WE'VE BEEN WORKING WITH THE CITY'S ATTORNEY OFFICE OF THE CITY OF DALLAS. WE'VE WRAPPED THAT ALL UP AND WE'RE JUST TRYING TO, AGAIN, CLOSE THIS OUT. NEXT SLIDE, PLEASE. [00:40:03] THOSE ARE EXHIBITS SHOWN IN THE GREEN WHERE OUR BUILDING IS, AND IN THE BLUE IS THE FLOODPLAIN. UH, YOU'LL NOTICE I SENT YOU A, THE HAND DELIVERED THIS. UM, THERE WAS A COPY OF YES, YES SIR. THERE'S A COPY OF THIS IN THE PRESENTATION, BUT I JUST BLEW IT UP SO YOU COULD ACTUALLY READ IT. THIS HAS BEEN SIGNED AND SEALED BY PROFESSIONAL LAND SURVEYOR. UH, IF YOU LOOK IN THIS AREA, THE PROPERTY IS OUTLINED IN BLUE, THE BLACK DASH LINE. THERE'S A DASH THREE DOT FROM THE DASH THAT IS THE, THE LIMITS OF THE FLOOD PLAIN. APPROXIMATELY 16% OF THE PROPERTY IS ENCUMBERED BY THIS FLOODPLAIN, UH, WITH ABOUT 7,440 SQUARE FEET. SO THAT'S WHAT THAT DOES CAUSES THE BUILDING TO BE PUSHED FARTHER NORTH AND EAST OUT OF THE FLOODPLAIN AREA IS A PRETTY STEEP DROP OFF OVER THERE. AND SO, UH, WE, YOU HAVE TO STAY OUT OF IT. AND THAT'S A SOMETHING ENCUMBERS THE PROPERTY THAT WE HAVE NO CONTROL OVER. UH, THAT WHOLE CREEK, UH, DIXON BRANCH RUNS THROUGH THE PROPERTY. IT'S, I MEAN, CEDAR, CEDAR CREEK RUNS THROUGH THE PROPERTY. AND, UH, THIS IS THE ONE PROPERTY THAT'S MOSTLY ENCUMBERED BY IT. NEXT SLIDE, PLEASE. THIS SHOWS THAT THE ORIGINAL BUILDING WAS BUILT IN 1964. THE NEW, UH, ENHANCEMENT ON 2019 AND HOW THE FLOOD PLAIN KIND OF GOES OFF INTO THE EAST. OKAY, SO LET'S TALK ABOUT, ABOUT THE VARIANCE STANDARD. UM, AS YOU KNOW, FOR VARIANCE, WE HAVE TO PROVE A FEW POINTS. THE FIRST IS NOT CONTRARY TO PUBLIC INTEREST. UM, WHEN OWNED IN SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE CHAPTER WOULD RESULT UNNECESSARY HARDSHIP. UM, THIS IS NOT CONTRARY TO PUBLIC INTEREST. THIS IS A PROPERTY OF DEAD END STREET. UM, IT'S IN FACT CONFLICT. THE TWO DEAD END STREETS, UM, NO MOTOR IN PUBLIC WILL BE COMING BY WHERE WE ARE REQUESTING THE VARIANCE. IT'S NOT CAUSING A, UM, OUR BUILDING TO BE TOO CLOSE TO OTHER PROPERTY. WE OWN THE OTHER PROPERTY ON THE OTHER SIDE OF BINGLE STREET. UM, SO THIS IS NOT AN ENCUMBRANCE ON THE CITY OR OUR NEIGHBORING PROPERTY OR DONORS. AND THERE'S A SPECIAL CONDITIONS ON SITE THAT INCLUDES EXISTING NON-CONFORMING BUILDING, UH, THAT WAS BUILT UNDER CITY CODE AT THE TIME, UH, THAT CAUSED THE BUILDING TO BE PUSHED FORWARD, WHICH THERE'S NO SETBACK DEPARTMENT IN OUR DESIGN TO FURTHER THAT EXISTING DESIGN. NEXT SLIDE, PLEASE. THE, THE SECOND PRONG IS THAT THE VARIANCE IS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS FOR THE LAND BEING SUCH A RESTRICTIVE AREA, SHAPE, SLOPE THAT, OR SLOPE THAT CANNOT BE DEVELOPED IN AMOUNT OF COMMENSURATE WITH OTHER PROPERTIES IN THE IR DISTRICT. UH, SO AS YOU TALKED EARLIER, WE HAVE FLOODPLAIN, ABOUT 16% OF THE PROPERTIES ARE FLOODPLAIN. WE ALSO HAVE AN IRREGULAR SHAPE PARCEL. UH, YOU'LL SEE IN A FURTHER SLIDE IN THE INDUSTRIAL DISTRICT. MOST LOTS ARE SQUARE OR RECTANGLE. WE HAVE A WEIRD TRAP, ORAL SHAPE BEING WE, YOUR, OUR LOT DOES NOT LOOK THE SAME AS EVERYBODY ELSE. SO WE HAVE A FLOODPLAIN, WE HAVE A REGULAR SHAPED LOT, AND IT'S NOT COMMON IN THE IR DISTRICT TO HAVE BOTH OF THOSE COMBINED. NEXT SLIDE PLEASE. THE VARIANCE IS NOT BRANDED TO RELIEVE A SELF-CREATED HARDSHIP. THE FLOODPLAIN IN REGULAR SHAPED LOT IS CAUSING THE, THE NEED FOR THIS VARIANT AND THE FACT THAT WE HAVE PLATTED BUT UNBUILT STREETS, THAT THEN THE STREETS WILL NEVER BE PLATTED, I MEAN, WILL NEVER BE BUILT OR USED FOR, UH, THE TRAFFIC. OKAY. NEXT SLIDE PLEASE. SO THIS IS A BLOW UP OF WHAT I, I GAVE YOU EARLIER ABOUT, I COLORED THE FLOODPLAIN ON THIS. UM, SO YOU CAN SEE HOW MUCH OF THE PROPERTY IS ENCUMBERED WITH THE FLOODPLAIN YES. PORTIONS OF THE PROPERTY, STEP BACK RIGHT OFF THE FLOOD PLATE LINE. THAT'S WHERE THERE'S PROTECTED TREES OR OTHER THINGS TO KEEP IT FROM BUILDING UP TO THE FLOOD PLAIN LINES. AND AS, UH, COMMISSIONER HAYDEN PROBABLY UNDERSTAND THIS AS, UH, THE ORIGINAL BUILDING BUILDING 64. SINCE THEN, THIS STREAM HAS BEEN CALLED WHAT THEY'VE BEEN CALLED MODELED. SO THEY'VE, THEY'VE DONE FURTHER RESEARCH TO FIND OUT EXACTLY WHAT THE FLOOD PLAIN LOOKS LIKE, LIKE, AND SO THE BUILDING WAS ORIGINALLY SET BACK FARTHER AWAY THAN IT MIGHT BE ABLE TO TODAY. BUT WE'RE NOT ENCROACHING IN THE FLOODPLAIN, BUT THERE IS A LITTLE BIT OF GAP BETWEEN WHERE THE BUILDING MOVED AN EDGE OF THE FLOODPLAIN. NEXT SLIDE PLEASE. SO IF YOU LOOK AT THIS, THE GREEN OUTLINE OF OUR PROPERTY AND THE OTHER, THIS IS THE ZONING MAP SHOWING OTHER PROPERTIES IN OUR AREAS, ALL ZONED IR INDUSTRIAL RESEARCH. YOU CAN SEE THE RECTANGULAR, [00:45:01] THEY'RE LARGER. THEY DON'T HAVE A, A WEIRD IRREGULAR SHAPE LIKE WE DO. SO IT GOES BACK TO WE, WE, THIS LOT IS DIFFERENT. NEXT SLIDE PLEASE. THIS IS LOOKING EAST SIDE, AS YOU CAN SEE EVERYTHING ON THE RIGHT, RIGHT HAND SIDE OF MY CLIENT'S PROPERTY. UM, THE BUILDING IS THAT WE'RE REQUESTING OF AT THE END OF THE WHITE ARROW. IT'S A WELL-MAINTAINED STREET. NICE LANDSCAPING, NOT A LOT OF TRAFFIC ON THE STREET. NEXT SLIDE PLEASE. AND THIS IS JUST LOOK INTO THE DIRECTION. THE BUILDING IN THE RED IS WHAT WE'RE ASKING FOR VARIANCE ON. I AM STANDING ON A PUBLIC RIGHT OF WAY AT THE INTERSECTION OF TWO PUBLIC RIGHT OF WAY. THE BENGAL STREET GOES RIGHT ALONGSIDE THAT BUILDING. NEXT SLIDE PLEASE. AND THEN THAT'S WHAT IT LOOKS LIKE WHEN YOU GET TO THE END OF MCATEE STREET WHERE IT DEAD ENDS AND YOU TURN LEFT AND GO INTO KINGS ROAD. AND THEN WHERE BINGO IS. NEXT SLIDE PLEASE. SO PLEASE CONSIDER PROPERTY IS RIGOROUS SHAPED AND IS CUED BY FLOODPLAIN. SO THERE IS A PROPERTY HARDSHIP. THE MAJORITY OF THE BUILDING IS DEEMED NON-CONFORMING BY THE CITY, HAS BEEN BUILT IN COMPLIANCE WITH THE ZONING IN PLACE AT THE TIME, THE STREET THAT IS TRIGGERING A SETBACK REQUIREMENT IS NOT BUILT AND WILL NOT BE BUILT. IT GOES NOWHERE. THE IMPROVEMENTS WERE BUILT WITH PERMITS ISSUED BY THE CITY AND THE CITY OF THE REQUIRE TO GO THROUGH THIS TO CLOSE OUT THE PROCESS. UH, I'M HERE TO ANSWER ANY QUESTIONS. I ALSO HAVE, UH, ROBERT MELOS, THE ATTORNEYS WORKING WITH THE CITY. AND IF YOU WANT TO GET INTO PERMIT, UH, DETAILS, WE HAVE BINDERS FOR EVERYBODY IF YOU WANT. BUT, UH, YOU MIGHT FIND IT A LITTLE DRY. BUT WE'RE HERE TO ANSWER ANY QUESTIONS AND I LOOK FORWARD TO SPEAKING WITH YOU AGAIN AFTER I HEAR AN OPPOSITION. THANK YOU. THANK YOU MR. BALDMAN. WE'RE GONNA DO QUESTIONS BEFORE WE GO TO THE OTHER SPEAKER. QUESTIONS FOR THE APPLICANT. THANK YOU. OKAY. QUESTION MR. HOVI. THE, UM, LOOKING AT YOUR SLIDE 22, OKAY, SO THAT, THAT VACANT AREA BEHIND IN THE, IN THE BACK OF THAT PICTURE, THAT IS OWNED BY THE CLIENT. YES SIR. UM, THEY COULD SELL THAT AT SOME POINT, COULD THEY NOT? YES, SIR. AND UM, SO BY BASICALLY YOU'RE SAYING THAT THE ROAD THAT GOES AROUND THE SIDE OF THE BUILDING IN FRONT OF THAT PROPERTY, THE SIDE THAT, THAT, THAT YOU, AS YOU SAID, DEAD ENDS TO THE CREEK, RIGHT? THAT THAT WILL NEVER BE USED, IT'LL NEVER GO ACROSS THE CREEK. WELL, BUT WHAT IF SOMEBODY BUYS THAT VACANT LAND? WELL, WE'RE NOT BUILDING ONTO THAT RIGHT AWAY. SO THEY COULD STILL, I I UNDERSTAND YOU. THEY COULD SELL IT, THEY COULD DO ANYTHING THEY WANT WITH IT. THEY COULD, BUT THE, WE WE'RE NOT, WE'RE NOT ENCROACHING INTO THE RIGHT OF WAY ON BINGLE STREET. AND SO THERE, THERE'S TWO THINGS GOING ON HERE. MM-HMM . RIGHT ON WHERE THIS BLUE CAR PARKED. MM-HMM . THAT'S BINGLE STREET RIGHT AWAY. KINGS ROAD ACTUALLY, THIS, THIS PORTION, MCAFEE TURNS INTO KINGS ROAD AND DEAD ENDS INTO ANOTHER. THE CREEK FARTHER UP. SO IF SOMEONE WANTED TO PLOT THAT PROPERTY OFF, THEY COULD AND THEY'D HAVE ACCESS TWO STREETS. WELL SEE MY, UH, ONE OF MY CONCERNS IS, IS THAT BUILDING IS SO CLOSE TO WHERE THAT ROAD CURVES AROUND. MM-HMM . UH, I'M CONCERNED ABOUT IT BEING, UM, UH, VISIBILITY ISSUE. IF, IF THERE EVER IS TRAFFIC THAT'S TURNING RIGHT THERE, YOU CAN'T SEE AROUND THERE. WELL, SO KEEP IN MIND, IF YOU WOULD PLEASE THE, UH, THE PAVEMENT WOULD BE SET BACK EIGHT OR 10 FEET FROM THE PROPERTY LINE OR THE RIGHT OF WAY LINE AND THEY'D HAVE A, A TURN RADIUS. SO YES, WE MIGHT HAVE A BUILDING, UH, WOULD, WOULD ENCROACH INTO THE SITE VISIBILITY TRIANGLE IF SOMEONE WAS TRYING TO GET OUT AND TURN LEFT. BUT THERE'S REALLY NO TRAFFIC TO SEE GOING IN, IF THAT MAKES SENSE. UNLESS THERE, UNLESS THERE WAS A SOMEBODY WHO BOUGHT THAT PROPERTY AND BUILT A STRUCTURE THERE AND WAS USING IT, THEN THERE COULD BE TRAFFIC COMING AROUND THERE. THERE COULD BE, I DON'T SEE TO BE VERY MUCH TRAFFIC AT ALL. SO, UM, THAT A LOT OF THAT PROPERTY IS ALSO IN THE FLOOD PLAIN, THE PROPERTY THAT WE'RE LOOKING AT IN THIS PICTURE. YES, SIR. WE GO BACK TO SEE THE SLIDE THAT IS YEAH. SO LET'S GO TO, LET'S GO TO SLIDE 18. I MEAN, I SEE THE BACK PART OF IT IS IN THE FLOOD ZONE. YEAH. SO YEAH, THE BACK PART THAT THE PROPERTY, SO ANYTHING THAT WOULD BE BUILT WOULD'VE TO BE BUILT TO THE [00:50:01] NORTH AND INTO THE EAVE. AND, UH, THERE, THERE, THERE COULD BE A DRIVEWAY OUTSIDE THE FLOODPLAIN. BUT AGAIN, I WOULD THINK THAT THE, I, I'M NOT THE DEVELOPER OF THIS, THAT THEY WOULD PROBABLY TAKE THEIR ACCESS OFF OF KING'S ROAD BECAUSE THAT WOULDN'T REQUIRE THEM TO MAKE A TURN TO THE DRIVEWAY. SO THIS DASH LINE UP HERE AT THE TOP MM-HMM . THAT IS THE RIGHT OF WAY FOR KING'S ROAD. AND AGAIN, KINGS ROAD IS SO MCATEE DRIVE RIGHT HERE. YEAH. IT TURNS INTO KINGS ROAD. SO BELOW THIS, THIS AREA UP HERE, UH, THERE'S NORTH OF THIS RED LINE THAT, THAT'S RIGHT AWAY FOR KINGS ROAD. SO, SO, SO ON THE SIDE OF THE BUILDING YES SIR. IT RUNS DOWN TO THE CREEK AREA THAT'S LABELED HERE AS UNNAMED. THAT'S NOT KING'S ROAD. NO, THAT'S, THAT'S BINGLE. THIS AREA RIGHT HERE IS BINGLE ROAD. THAT'S PART OF BINGLE ROAD. RIGHT. OKAY. SO BINGLE DEAD ENDS INTO THE BUILDING AND DOG LEGS AROUND THE BUILDING. SO WHY THE LABEL WAS UNNAMED DURING TO THE BENGAL ROAD, I DON'T KNOW, BUT, UH, ON SOME APPS IT'S CALLED BENGAL ROAD AND THAT'S WHAT WE'VE ALWAYS, YOU KNOW, CALLED IT. BUT I DON'T KNOW WHY THE, UH, THE SURVEYOR CALLED IT UNNAMED. HOW, WHAT IS THE BASIS FOR YOUR STATEMENT THAT THERE WILL NEVER BE A BRIDGE BUILT THERE FOR TRAFFIC TO GO ACROSS? UM, I DIDN'T KNOW THAT. THE CITY HAS NOT PURSUED IT AND I HAVE, UH, UH, SEEN A VIDEO OF THE CITY COUNCIL MEMBER TELLING THE NEIGHBORS, UH, ACROSS THE WAY THAT THE ROAD WILL NEVER BE BUILT. TAKE THAT TO THE BANK. YEAH. WELL THAT, YOU KNOW, IT'S A VERY EXTENSIVE BRIDGE GOING TO SOMEPLACE THAT NO ONE WANTS THE BRIDGE TO. THAT WOULD TODAY. TODAY. BUT THAT WOULD ENCOURAGE, WE DON'T DECIDE FOR TODAY THOUGH. RIGHT. DECIDING FOREVER, BUT WE'RE NOT, AGAIN, THEY WANNA PUT A PEDESTRIAN BRIDGE, YOU'RE STILL RIGHT AWAY THERE THEY CAN PUT THE PEDESTRIAN BRIDGE. THERE WOULDN'T BE VEHICLES GOING THROUGH IT, BUT IT WOULD BE A PEDESTRIAN THAT'S TO THIS BUILDING. WE'RE APPROVING IT FOREVER. NO, THE, THE BUILDING DOES NOT ENCROACH IN, IN THE RIGHT WAY. THERE'S STILL THE CITY RIGHT OF WAY THERE. WE'RE JUST ASKING THAT WE DON'T HAVE A 15 FOOT SETBACK ON THE EDGE OF A UNBUILT STREET AND, AND THAT IF WE APPROVE IT IS FOREVER. YES SIR. OKAY. THAT'S ALL THE QUESTIONS I HAVE AT THE MOMENT. I HAVE A FEW QUESTIONS. UH, THANK YOU FOR PROVIDING THIS, UM, SURVEYOR'S FULL MAP SURVEY PLAT. I'M GLAD I WENT TO THE BRIEFING SESSION. WHAT'S THAT? I'M GLAD I WENT TO THE BRIEFING SESSION. I HAVE, I, WE HAVE RESPECTFULLY ASKED OUR STAFF TO TELL APPLICANTS HIGH, LOW, NEW, OLD, EXPERIENCED, INEXPERIENCED, TO ALWAYS ENCOURAGE APPLICANTS TO EITHER LISTEN TO OR ATTEND THE BRIEFING BECAUSE THAT TELLS YOU WHERE OUR MINDSET IS AND ASKING ON THEM. SO YES. UM, ALL SO YOUR CLIENT, THE APPLICANT OWNS THREE PROPER, THREE PLATS, CORRECT? HE OWNS THE ONE THAT WE'RE TALKING ABOUT, THE ONE TO THE SOUTH AND THE ONE TO THE NORTH. YES, SIR. IS THAT CORRECT? CORRECT. UH, TO THE SOUTH IS BUILT, BUILT IS IMPROVED. YES SIR. THE EXISTING ONE WE'RE TALKING ABOUT IS IMPROVED. YES, SIR. THAT'S TRACK ONE. TRACK THREE AND THEN TO THE RIGHT IS TRACK TWO OR TO THE RIGHT OF THIS PLAT, THIS PLATTING MAP HERE, WHICH IS TO THE NORTH. YEAH. TRACK TWO, 1.48. TRACK TWO IS NOT IMPROVED. CORRECT. IT'S JUST A VACANT LOT OR IT USED TO BE IMPROVED. THERE USED TO BE A METAL BUILDING ON THE BUILDING HAS BEEN REMOVED. OKAY. AND I THINK YOU, YOU HEARD ME SAY REGISTER CONCERNS ABOUT SAFETY, SQUATTING, ALL THAT SORT OF THING. DEBRIS, TRASH THERE. ALRIGHT, SO I STILL HAVE THAT CONCERN. SO YOUR REQUEST IN FRONT OF US TODAY HAS TO DO WITH THE, THE SETBACK ON MCATEE DRIVE, RIGHT? BECAUSE THE BUILDING OR, OR, OR IS BENGAL COME DOWN AND THEN GO TO ONE SIDE THEN AROUND THE BUILDING. SO I'M CONFUSED IF IT'S MCATEE OR BENGAL. THE WAY I UNDERSTAND IT, BENGAL DEAD ENDS IN THE BUILDING AND THEN DOG LEGS AND COMES DOWN. OKAY. SO IT'S NOT MCATEE. SO I SHOULD IGNORE MCATEE FOR RIGHT NOW. WELL THE, THE BUILDING'S ALSO UP, UH, THE, THE PLATTED, UH, UP ON THE RIGHT OF WAY ALONG MCATEE AS WELL. OKAY. SO I'M LOOKING AT YOUR BIG MAP HERE. MM-HMM. AND YOU'RE RIGHT THAT IT'S AN IMPROVEMENT OF THIS ONE AND IT SAYS YOU'RE ASKING FOR 15 FEET, CORRECT? CORRECT. ON THE MAP HERE, IT SHOWS THAT JUTS OUT 14 FEET ONE INCH. SO DO YOU SEE WHAT I'M LOOKING AT THE 14.1? YEAH. SO THERE'S A LITTLE INSET AREA. YES. THAT JU JUDSON 14 ONE, BUT THEN IF YOU GO NORTH OF THERE, THE PROPERTY, THE BUILDING GOES ESSENTIALLY TO THE PROPERTY LINE. OKAY. OH, TO THE PROPERTY LINE. I SEE WHAT YOU MEAN. YEAH. WHICH WOULD MAKE IT 15? YES SIR. OKAY. [00:55:01] ALL RIGHT. I'M GONNA COME BACK TO THAT. MR. BALDWIN, YOU SAID THAT THE BUILDING WAS THIS TRACK TWO TRACK ONE WAS BUILT IN 2019. A PORTION OF IT WAS. OKAY. SO AND YOU SAID IT WAS BUILT WITH APPROVED PLANS? YES, SIR. ALRIGHT, SO YOU'RE SAYING THE CITY PERMITTED THIS BUILDING INTO THE SETBACK? YES, SIR. SO WHY WOULD YOU HAVE TO COME TODAY IF, IF THE CITY ALREADY ISSUED PERMITS? IT'S OKAY BECAUSE I'M ABOUT TO TURN TO MY BOARD ADMINISTRATOR AND SAY, IS THAT TRUE? WELL, DO WANT TO SPEAK TO THIS? WELL, I I NOT YET. I I'M, I'M TALKING TO YOU. THERE'S LAWSUITS INVOLVED IN THIS CASE. UH, THE SOUTH CITY AND MY CLIENT WERE IN LAWSUITS GOING BACK AND FORTH FOR ABOUT 10 YEARS ON THIS. AND THAT'S WHY BUILDINGS HAVE BEEN REMOVED AND WHY WE'VE GONE THROUGH THIS A COUPLE OF TIMES. IT'S ALL BEEN RESOLVED EXCEPT FOR THIS FINAL ISSUE. OKAY. BUT I'M TRYING TO RECREATE A TIMELINE AND PART OF THE POTHOLES IN YOUR TIMELINE IS APPARENTLY THE BOARD TWICE HAS APPROVED SOMETHING OF WHICH THEN YOU AS THE APPLICANT DIDN'T EXECUTE ON, WHICH IS STRANGE ALSO, BUT THAT'S YOUR CHOICE THAT IF YOU DON'T EXECUTE ON AN APPROVAL. BUT THAT, THAT BEGS THE QUESTION OF WHY AND WHAT ELSE IS GOING ON THAT WE DO OR DO NOT KNOW. SO YOU'RE SAYING THAT A PORTION OF THIS BUILDING TRACK ONE, NOW WE'RE NOT TALKING TRACK THREE OR TRACK TWO WAS BUILT IN 19 AND WAS BUILT WITH APPROVED PLANS. YEAH. SO, AND LET'S GO BACK TO MY SLIDE NUMBER, UM, AND THAT IT IT'S SLIDE NUMBER 14. 14. OKAY. IT'S NOT NUMBERED BECAUSE IT'S WHITE ON WHITE. YEP. OKAY. ONE LOOKS LIKE THAT. SO YOU'LL SEE THE OUTLINE OF THE BUILDING BUILT IN 1964. YES. AND THEN THIS IS ALL PART OF TRACK ONE. RIGHT. AND THEN THE WHERE IT SAYS NEW STRUCTURE BUILT IN 19 20 19. OKAY. THAT WAS BUILT UNDER THE SITE PLAN THAT WAS APPROVED IN 2011 AND THEN SUBSEQUENTLY 2017. BUT IT SAYS BUILT IN 2019. I'M CONFUSED. WHICH ONE IS IT? THAT'S WHEN THE, THE PERMIT WAS ISSUED. THE, THE PLANS WERE APPROVED BY THE BOARD OF ADJUSTMENTS TWICE. YES. BUT NOT AC NOT ACTED ON. SO YOU LOST THE PERMITS. RIGHT, RIGHT. BUT THEY WERE BUILT IN, IN 2019 UNDER THAT PERMIT THAT I SHOWED YOU. BUT WAIT A MINUTE. SO YOU'RE SAYING IT WAS BUILT ON PERMITS THAT HAD EXPIRED? NO, THE, THE, THE BOARD OF ADJUSTMENT APPROVAL EXPIRED BUT THE PERMIT DIDN'T EXPIRE. OKAY. AND I DID NOT DO THE PERMITS. I DON'T KNOW EXACTLY HOW THAT WENT. SO THE PERMIT SHOULD HAVE EXPIRED IF YOU DIDN'T ACT ON IT, CORRECT? WELL, THE PERMITS DO EXPIRE IF YOU DON'T ACT ON IT. BUT 180 DAYS. RIGHT. WELL THE, THE BOARD OF ADJUSTMENT APPROVAL EXPIRES IN 180 DAYS. YES. SO YOU HAVE TO FILE, YOU HAVE TO GET A BUILDING PERMIT WITHIN 180 DAYS. GOT YOU. AND SO THAT, THAT THOSE THAT DID DID NOT HAPPEN. OKAY. BUT WE DID FILE FOR A BUILDING PERMIT, UH, AND IF YOU LOOK AT SLIDE SLIDE 11, IT LOOKS LIKE THIS. YEP. THAT'S LOOKS LIKE THE CO WELL IT'S THE ONE AFTER THE CO YOU LOOK AND THE, THE HIGHLIGHTED JELLO PORTIONS MASTER PERMIT YEP. FOR NEW CONSTRUCTION WAS ISSUED IN FEBRUARY 8TH, 2019. OKAY. AND THEN THE, UH, THEN THE CERTIFICATE OF OCCUPANCY WAS, WAS ISSUED GOING TO PAGE 10 ON, SO THIS IS CONFUSING STILL TO ME. SO I, I'M, I'M ZEROING IN ON TRACK ONE AND THIS IN PARTICULAR THE SECOND BUILDING THAT WAS BUILT. NOW THAT I REALIZE THEY WERE BUILT AT DIFFERENT TIMES. OKAY. AND THE FACT THAT YOU'RE ENCROACHING ON THE, UH, IS IT THE FLAT LINE OF THE BUILDING LINE THAT YOU'RE ENCROACHING ON? WE'RE, WE'RE OR THE, THE SETBACK, THE, THE 15 FOOT SETBACK. THE 15 FOOT SETBACK IN THE ARIZONA DISTRICT, AND IT'S NOT ON THE BUILDING IN 1964, BUT THE BUILDING IN 2019. RIGHT. OKAY. 'CAUSE THE PREVIOUS BUILDING WAS BUILT IN COMPLIANCE WITH THE ZONING THAT WAS APPROVED AT THE TIME. ALRIGHT. IT DID NOT REQUIRE UPSET VALUE AND THE RIGHT OF WAY IS STILL THERE. YEAH. ALONG THAT, THE RIGHT OF WAY ALONG BENGAL, WHETHER IT BE ACTING ON OR NOT, BUT THE CITY'S NOT GONNA GIVE THAT UP UNTIL FOREVER BECAUSE THEY STILL WANT THAT. RIGHT. I GUESS I DON'T KNOW HOW YOU GIVE UP A RIGHT OF WAY. IS THAT AN ORDINANCE OR IS THAT THE PLANNING COMMISSION AND PLANNING OR WHAT? UH, THE ONLY WAY TO, UH, ABANDON A RIGHT OF WAY IS TO GET THE CITY COUNCIL TO AGREE TO ABANDON. SO YOU, SO YOUR A YOUR OWNER WOULD HAVE TO GO TO THE COUNCIL AND GET THEM TO ABANDON THAT RIGHT OF WAY. RIGHT. THEY'D HAVE [01:00:01] TO OKAY. MAKE THE APPLICATION. IT WOULD MAKE SENSE BECAUSE YOU OWN PROPERTY ON BOTH SIDES OF THAT, BUT THAT'S YOUR BUSINESS. RIGHT. OKAY. I SHARE SOME OF MR. HOP HOP'S CONCERN ABOUT THAT CORON. UH, I DOUBT SERIOUSLY THAT THAT'LL, THAT RIGHT OF WAY WILL EVER BE USED. SO IT KIND OF MITIGATES MY CONCERN ABOUT THAT GOING TO THE CORNER. I'M STILL NOT CONVINCED WHETHER YOU ALL BUILT WITHOUT A PERMIT OR YOU BUILT WITH APPROVED PLANS OR NOT. YOU, IT SOUNDS LIKE YOU SAID YOU BUILT WITH APPROVED PLANS, BUT YET YOU'RE BACK HERE. IS THERE ANYONE IN THE CITY THAT SAID THAT YES, WE APPROVED THEM BUT THEY WEREN'T APPROVED. THEY SHOULDN'T HAVE BEEN APPROVED. YEAH. SO THE, THIS SCREENSHOT HERE THAT SHOWS THE MASTER PERMIT FOR NEW CONSTRUCTION, I SAW THAT THAT TELLS YOU IT WENT THROUGH THE SYSTEM. MY QUESTION IS THERE, IS THERE SOMEONE IN THE CITY THAT'S SAYING, WELL, WE APPROVED THEM BUT WE SHOULDN'T HAVE BECAUSE THAT'S WHAT YOU'RE ESPOUSING. ONE SECOND. THAT'S WHAT YOU'RE ESPOUSING. CORRECT. RIGHT. OKAY. THE BUILDING WAS BUILT THERE. SO WHO WITHIN THE CITY HAS SAID TO YOU THAT WE APPROVED THEM, BUT WE SHOULDN'T HAVE? MY UNDERSTANDING IS THE CITY ATTORNEY'S OFFICE TOLD US TO GO THROUGH THIS PROJECT. HMM. OKAY. INTERESTING. OKAY. IT THAT GETS DEEPER. MR. OVITZ, I'M VIRTUALLY CERTAIN, I CAN'T QUOTE IT VERBATIM. I DON'T HAVE A PHOTOGRAPHIC MEMORY. I'M VIRTUALLY CERTAIN THAT IN THE PRIOR HEARING ON THIS, THERE WAS TESTIMONY THAT THAT BUILDING WAS BUILT, UH, UH, WITHOUT THE PERMIT. IS THAT TRUE? MR. I, I DON'T KNOW. IT COULD HAVE BEEN BUILT WITHOUT A PERMIT AND THEN COME BACK WITH AND PROCESS A PERMIT. I I DON'T, I DIDN'T DO THAT. BUT THAT, THAT COULD HAVE BEEN THERE. THERE IS A PERMIT FOR THIS BUILDING THAT HAS BEEN APPROVED BY THE CITY, AND I'M NOT SURE IF IT WAS BUILT PRIOR TO THE PERMIT OR AFTER THE PERMIT, BUT LOOKING AT THE PERMITTING RECORDS, IT TELLS ME THAT THERE WAS A PERMIT ISSUED FOR THIS BUILDING, BUT THERE'S NO CONSTRUCTION RECORDS THAT INDICATE WHEN IT WAS ACTUALLY BUILT. I HAVE NO CONSTRUCTION RECORDS ON. SO JUST SO THAT, BECAUSE MY, SO MY BOARD ATTORNEY WILL STILL LIKE ME, UH, UH, OUR STANDARD IS NOT CONTRARY TO PUBLIC INTEREST. NECESSARY PERMITT DEVELOPMENT OF A SPECIFIC PARCEL OF A LAND THAT HAS A RESTRICTIVE AREA SHAPE OR SLOPE. AND NOT GRANTED TO RELIEVE SELF-CREATED PARTIAL HARDSHIP. THAT'S OUR CRITERIA. THERE'S OUR CRITERIA. SO I'M REREADING THAT FOR MY BENEFIT, FOR THE BOARD'S BENEFIT AND FOR YOUR BENEFIT. THAT'S OUR CRITERIA. A LOT OF SMOKE GOING ON HERE. I DON'T UNDER REALLY UNDERSTAND WHAT'S GOING ON. TOTALLY. UM, IT IS IT YOUR OPINION THAT THE BUILDING, THE SECOND BUILDING THAT WAS BUILT IN 19 WITH OR WITHOUT PERMITS OR APPROVED OR OTHERWISE COULDN'T HAVE BEEN BUILT FARTHER IN THE BACK TOWARDS THE FLOODWAY? 'CAUSE IT LOOKS LIKE THERE'S ROOM 'CAUSE ELSEWHERE IN THE BUILDING, IT'S RIGHT AT THE FLOODWAY. THIS ONE, IT'S NOT, LOOKS LIKE THERE'S 39 FEET AWAY FROM THE FLOODWAY. 39.5. I DON'T SEE THE 39.5. YEAH, IT ANGLES FROM 58.6. OKAY. UH, YOU SEE THAT? YEAH. THERE, THERE'S, SO WHAT WE'RE TRYING TO DO IS PROTECT LOT FACE CONTINUITY FRONTAGE ON PUBLIC RIGHT OF WAY. AND THAT'S WHAT WE'RE TRYING TO PROTECT. AND IF WE GIVE THAT UP, IT NEEDS TO BE GIVEN UP BECAUSE REALLY THERE, THERE'S A REAL REASON TO GIVE IT UP. CORRECT. AND I THINK I, I, I HOPE THAT I WAS PERSUASIVE IN MY ARGUMENTS THAT WE DO MEET THE REQUIREMENT AND IF YOU, IF YOU LOOK OVER BACK ON SLIDE 20, PLEASE DO. YEP. IT SHOWS THAT WE HAVE A, A, A NICE STREET WALL, UH, BLOCK FACE CONTINUITY. WELL, YOU DO UNTIL IT GETS TO YOUR BUILDING AND THEN IT JUTS OUT. WELL, IT'S ALL . YOU LOOK AT THE, IF YOU LOOK AT THE ARROW, IT KIND OF STICKS OUT. LIKE IT STICKS OUT. BUT MOST OF THIS BUILDING IS BUILT, UH, WITHIN . AND UNFORTUNATELY, IF YOU LOOK EITHER YOUR NEIGHBOR ACROSS THE STREET, IT'S ALL CONSISTENT AND NICELY DONE WITH A EVEN BLOCK, BLOCK FACE CONTINUITY. YEAH. BUT THAT WAS BUILT, UH, YOU KNOW, 10 YEARS AGO. REGARDLESS, WE'RE TALKING ABOUT A, IF WE GIVE UP THAT ONE FOOT OR 15 FEET, BETTER BE OUR DARN GOOD REASON. UM, BECAUSE PART OF WHAT WE WANNA PROTECT IS BLOCK FACE CONTINUITY. MY ARGUMENT WOULD BE WE'RE END OF TWO DEAD END STREETS. YEP. I GET YOU. WE HAVE A BUILDING THAT WAS INSTRUCTED UNDER THE AND THAT WORKS UNTIL THAT LOT NUMBER TWO, TRACK NUMBER TWO GETS SOLD AND SOMEONE ELSE DEVELOPS THAT. AND THEN ALL OF A SUDDEN THE CORNER OF YOUR BUILDING'S KIND OF IN THE WAY OF MCATEE. 'CAUSE YOU'RE 15 FEET FORWARD, AS LONG AS TRACK [01:05:01] TWO IS EMPTY, IT'S A NON-ISSUE. RIGHT. IT'S A DEAD END CORNER UNTIL TRACK TWO IS SOLD, WHICH IS NONE OF OUR BUSINESS. BUT ONCE TRACK TWO IS SOLD AND DEVELOPED, THEN ALL OF A SUDDEN YOU HAVE TRAFFIC AND THAT CORNER THAT YOU'RE SAYING THERE'S NO TRAFFIC. NOW IT WOULD BE VERY LIMITED TRAFFIC BECAUSE NEITHER OF THOSE STREETS, WELL, WE DON'T KNOW WHAT WOULD BE DEVELOPED THERE. WE DON'T KNOW WHAT'S GONNA BE DEVELOPED THERE. BUT NEITHER KINGS ROAD OR MCATEE OR BENGAL GO ANYWHERE. 'CAUSE THEY RUN INTO THE CREEK. SO THERE'S NO, NO CONTINUOUS TRAFFIC. THE ONLY PEOPLE, THESE STREETS ACT MORE AS A DRIVEWAY. LET ME ASK THIS QUESTION AND THEN I'M, THEN I'M GONNA LET ANYONE ELSE HAVE QUESTIONS. THEN WE'LL GO TO THE OTHER SPEAKER. UM, THE UNNAMED 35 FOOT RIGHT OF WAY THAT GOES 90 DEGREES OFF OF MCATEE OR BENGAL, WHATEVER IT IS THAT IS THERE, ARE YOU ENCROACHING IN THAT SETBACK AS WELL? NO, SIR. YOU'RE NOT? NO. THE ONLY SETBACK YOU'RE ENCROACHING ON IS, WELL, WE'RE ENCROACHING SETBACK. WE'RE NOT ENCROACHING EITHER RIGHT OF WAY. OKAY. WE'RE ENCROACH ON THE, SO BOTH ALONG MCAFEE AND THE UNM MAINED STREET, WE'RE ASKING FOR RELIEF TO THE 15 FOOT. OKAY. BECAUSE WHAT'S IN FRONT OF US SAYS SOLELY A 15 FOOT VARIANCE TO THE FRONT YARD SETBACK. IT DOESN'T SAY ANYTHING ABOUT, WE HAVE TWO FRONT YARDS. SO MS. BOARD ATTORNEY, DO YOU SEE WHAT I'M SAYING? THIS IS ONE REQUEST. IT SAYS WHAT'S IN FRONT OF US IS A FOOT, FOOT FOR 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS, WHAT IS IN FRONT OF US, WHICH IF I READ IT, IS ONLY ON THE BENGAL MCATEE PORTION OF THE BUILDING, NOT THE UNNAMED RIGHT OF WAY PORTION OF THE BUILDING. OKAY, GUYS, IS THIS TWO REQUESTS OR ONE REQUEST? HE JUST SAID IT'S TWO. WELL, IT'S ONE REQUEST, BUT IT APPLIES NOT JUST THE FRONT, THE BUILDING. THE BUILDING HAS TWO FRONT YARD SETBACKS BECAUSE IN THE INDUSTRIAL ZONING DISTRICT WHERE YOU HAVE A STREET FRONTAGE, WHETHER IT'S BUILT OR NOT YES. THAT'S CONSIDERED A, A STREET AND YOU HAVE A 15 FOOT SETBACK. SO WHAT ON BOTH SIDES? YEAH. SO IT'S ONE REQUEST THAT AFFECTS TWO SIDES OF THE BUILDING. IS THAT TRUE? THAT SEEMS, WHY DIDN'T IT GET CALLED OUT THAT WAY? BEEN THIS WAY SINCE? WELL, I'M, I, WHEN I READ THE REQUEST, I THOUGHT WE WERE ONLY BEING ASKED TO CONSIDER THE 15 FEET THAT ARE THE FRONT OF THE BUILDING, NOT THE SIDE OF THE BUILDING. YOU'RE SAYING TO ME IT'S THE FRONT OF THE BUILDING AND THE SIDE OF THE BUILDING. CORRECT. OKAY. AND THE SITE PLAN THAT WAS TURNED IN CLEARLY SHOWS WHAT WE'RE ASKING FOR. DO YOU SEE WHAT I'M, OKAY, SO HOLD ON ONE SECOND. OKAY. SO HE IS SAYING, SO HOLD ON ONE SECOND. WE'LL LET THE STAFF CONFIRM SOMETHING. PLEASE. OKAY, WE'LL JUST HOLD FOR A SECOND. JUST TO CLARIFY SOMETHING ON THE MAP HERE, MR. BALDWIN, YOU CAN CORRECT ME IF I'M INACCURATE. I'M SURE THE, THE PORTION ON THIS THAT'S LABELED UNNAMED IS ACTUALLY BENGAL STREET CONTINUING CONTINUING. IT'S NOT UNNAMED. IT'S BENGAL STREET, THE SURVEYORS MAP. SO WE HAVE TO ASSUME THE SURVEYOR KNOW WHAT THEY'RE TALKING ABOUT. AND, AND WE'RE BENGAL AND MCAFEE MEET BETWEEN THERE AND THE CORNER. THAT'S KING'S ROW OR WHATEVER THEY'RE CALLED. IT KINGS SOMETHING. YEAH. HISTORICALLY, EVERYTHING EAST OF HERE IS KINGS ROAD. KINGS ROAD. DO YOU KNOW IF YOU, IF YOU GO UP, UH, LIKE CEDAR SPRINGS RUNNING KINGS ROAD, THAT THAT'S THE CONTINUATION, BUT THERE'S A CREEK BETWEEN US AND NO BRIDGE OVER THE CREEK. OKAY. SO THAT'S, THAT'S KINGS ROAD. YES. UH, OFFICIALLY THAT'S THE WAY I'VE SEEN IT ON CITY MAPS. AND, AND REGARDLESS OF WHAT'S ON THE SURVEYING MAP, WHAT YOU'VE SEEN IS THE, WHAT'S CALLED UNNAMED IS ACTUALLY LABELED AS A CONTINUATION OF BENGAL STREET. RIGHT. THANK YOU. YOU'RE WELCOME. OKAY, ONE SECOND. THANK YOU MS. HAYDEN. ON THE, UM, SITE PLAN THAT WAS SUBMITTED, IT'S PAGE 1 41 IN OUR PACKET. IT DOES SHOW BOTH SETBACKS, REQUIRED SETBACKS, UM, FRONT MCATEE AT 15 FEET AND FRONT UNBUILT PRY AT 15 FEET. BUT IT'S NOT WRITTEN THAT WAY. YEAH. IN, IN THE DOCUMENTS, BUT IT'S SHOWN ON THE SITE. ALL RIGHT. WELL, STAFF IS IN THE PROCESS OF DETERMINING WHETHER IT WAS PROPERLY, UM, [01:10:02] WRITTEN UP. YOU'RE SAYING PAGE 1 41, MS. HAYDEN 1 42, THAT ONE ING? YES. ON PAGE 1 41. IT'S SAYS SMALL IN THE CORNER. THERE YOU. OH, THANK YOU. WHOEVER'S CLICKING, WHO'S CLICKING THAT? YOU, MARY OR BRIAN. THANK YOU, . THANK YOU. YEAH, THAT HAS TWO RED LINES. IT'S BOTH SIDES. SO MY QUESTION TO THE ATTORNEY AND THE BOARD ADMINISTRATOR IS WHAT DO WE HAVE IN FRONT OF US? JUST THE RED LINE THAT, THAT IS PARALLEL TO BACA TEA OR THE RED LINE THAT'S ALSO THIS RIGHT OF WAY, UNNAMED STREET, WHICH IS REALLY EXTENSION OF BENGAL BECAUSE OUR AGENDA SAYS A 15 FOOT VARIANCE TO THE FRONT YARD SETBACK. IT DOESN'T SAY TWO SET TWO FRONT YARD SETBACKS. I, I APOLOGIZE TO EVERYONE. WE'RE TRYING TO MAKE SURE WE DON'T MAKE A DECISION WITHOUT KNOWING ALL THE FACTS. BUT IT, UM, UH, WHO'S THE DETECTIVE IN DRAGON? SAY JUST THE FACTS MA'AM. COLOMBO. NOT COLOMBO. NO, IT WAS JACK WEBB. IT WAS JACK WEBB. JOE FRIDAY. JOE FRIDAY. NO, JOE FRIDAY WAS HIS PARTNER. JACK WEBB. JUST THE FACTS MA'AM. YEAH. WAS IT HARRY MORGAN? WAS JOE FRIDAY. OKAY. ALL RIGHT, GOOD. I KNOW WHO YOU'RE TALKING ABOUT. WE'RE ALL AG HERE. I'M OLD ENOUGH TO REMEMBER. I AM TOO. OKAY, JUST HOLD TIGHT A SECOND, PLEASE. WELL, WE'RE DOING THAT. DO YOU WANNA HEAR FROM THE OPPOSITION? OKAY, BUT MS. HAYDEN, YOU'RE RIGHTS THIS ON 1 41 SHOWS RED LINES IN TWO DIFFERENT DIRECTIONS. THE QUESTION IS, OH, MCATEE UNBUILT PLAN STREET. IT HAS TWO YES. CALLED OUT TWICE. OKAY. SO I'M ASKING MY BOARD ADMINISTRATOR AND OR BOARD ATTORNEY TO DETERMINE WHETHER WE HAVE ONE REQUEST OR TWO IN FRONT OF US. OH, THAT JOE. OH MY GOD. BILL GANON. JOE FRIDAY WAS JACK WEB. THANK YOU MR. HOPKINS . OKAY. AND THE ANSWER IS, IT APPEARS THAT THE INITIAL REQUEST WILL ENCOMPASS BENGAL AND THIS UNNAMED STREET. OKAY. SO IT'S ONE, IT'LL BE ONE REQUEST. WELL, SO WE'RE MAKING A DECISION FOR BOTH. SO IS IT APPROPRIATE FOR THE APPLICANT AND THEN US TO HANDLE THAT FRONTAGE AND THAT AT THE SAME TIME? OR ARE THEY SUPPOSED TO BE HANDLED SEPARATELY, NOT REQUEST ONE, REQUEST THIS AND THAT TOGETHER. SO IT'S ALL OR NOTHING CAN BE APPROVED ONE AND NOT THE OTHER? I'M NOT, I DON'T KNOW WHAT WE'RE GONNA DO. SO I DON'T KNOW. OH, WHO'S SAYING THAT? OUR BOARD THEN I NEED YOU TO SAY THAT MS. BOARD, ATTORNEY ON THE RECORD, YOU KNOW, YOU LIKE THAT IT WOULD BE ALL OR NOTHING BECAUSE THIS IS ONE REQUEST. SO IT'S ALL THE ONE REQUEST IS THE MCATEE PORTION AND THE BENGAL PORTION. CORRECT. OKAY, THAT'S FINE. I APPRECIATE THE INTERPRETATION. OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME, MS. DAVIS. AND THEN WE'RE GONNA SWITCH TO THE OPPOSITION. MS. DAVIS. I, I'M STILL CONFUSED. SO YOU SAID THAT WHEN YOU BUILT THAT THE BUILDING IN 2019, THAT IT WAS COMPLIANT AND IT WAS WITH A PERMIT? IT WAS A PERMIT WAS ISSUED FOR THAT BUILDING AND I DON'T KNOW IF THE PERMIT WAS ISSUED BEFORE OR AFTER THE BUILDING WAS BUILT, BUT THE CITY DOES SHOW THAT A PERMIT HAS BEEN ISSUED FOR THAT BUILDING AND A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED FOR THAT BUILDING BASED ON THE APPROVED PLAN. OKAY. SO IT ADHERED TO THE, TO THE SITE PLANS? YES, MA'AM. SO I, I STILL DON'T UNDERSTAND WHY, WHY, WHY YOU'RE BACK HERE. I'LL BE HONEST WITH YOU. I DON'T KNOW EITHER. UH, THE CITY ATTORNEY'S OFFICE SUGGESTED THAT WE NEED TO COME BACK HERE AND GO THROUGH THIS PROCESS ONE MORE TIME SO THEY CAN CLOSE THEIR FILE AND MOVE FORWARD. OKAY. THANK YOU. APPRECIATE YOUR HONESTY. ALL RIGHT. SO ANY OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME? HEARING NONE, UH, MS. BOARD, SECRETARY, UH, [01:15:01] OTHER SPEAKERS, SPEAKER AND OPPOSITION PLEASE? THAT IS, THAT IS CORRECT. MR. ROBERT. PRE JEAN. OKAY SIR. UM, GOOD AFTERNOON. GOOD AFTERNOON. UM, OUR BOARD SECRETARY WILL SWEAR YOU IN IF YOU GIVE US YOUR NAME AND ADDRESS FIRST. OKAY? SURE. MY NAME IS ROBERT PERON. I LIVE AT 33 10 FAIRMONT STREET IN DALLAS, TEXAS. I WORK ALSO AT 1935 MEDICAL DISTRICT DRIVE, ALSO IN DALLAS, TEXAS. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. ALRIGHT SIR, DON'T BEGIN YET. SO WHAT YOU HAVE GIVEN OUR BOARD SECRETARY, SHE'S GIVEN US, IS THIS, THIS HANDOUT? MM-HMM . AND THEN THIS FLYER, RIGHT? IS THAT WHAT YOU WOULD PROVIDED? I'M GONNA BE TALKING TO THIS, BASICALLY THE POWERPOINT. ALL GOOD SIR. THE OTHER INFORMATION, SO THE APPLICANT GOT 10 MINUTES OF PRESENTATION, UNINHIBITED, SO YOU GET THE SAME. AND THEN WE WILL PROBABLY COME BACK WITH QUESTIONS. I APPRECIATE IT. I'LL TRY. AND THEN THE APPLICANT WILL BE GIVEN, YOU MAY GET QUESTIONS FROM US AND THEN THE APPLICANT WILL BE GIVEN A FIVE MINUTE REBUTTAL. SO JUST YOU UNDERSTAND OUR PROCEDURE. UNDERSTAND. THANK YOU VERY MUCH. PROCEED SIR. OKAY. UH, CHAIRMAN NEWMAN AND MEMBERS OF THE BOARD OF ADJUSTMENT, THANK YOU VERY MUCH FOR HAVING US HERE. UH, I'M SPEAKING IN OPPOSITION TO GRANTING THIS VARIANCE AND YOU CAN SEE ON PAGE TWO, WE'LL GO TO THE SECOND PAGE HERE AFTER THE COVER PAGE. I'M GONNA SPEAK INTO IT IS, UH, TO PREVENT AN OWNER THAT HAS BEEN LESS THAN FORTHCOMING WITH PLANS FOR THE SITE, UH, TO NOT BE REWARDED FOR PAST PATENT BEHAVIORS AS IT RELATES TO THE SITE. UH, WE BELIEVE THAT THE SITE IS BETTER SERVED BY CURRENT RESTRICTIONS AND THE VARIANCE DEVIATES FROM THIS UNNECESSARY. WE THINK A ZONING CHANGE INSTEAD OF A VARIANCE IS MORE, UM, APPROPRIATE FOR THE SITE. I WOULD LIKE TO POINT OUT THE FOURTH BULLET HERE. ALLOWING THIS VARIANCE SETS OF PRECEDENT FOR FUTURE REQUESTS BY OTHER NEIGHBORING PROPERTY OWNERS THAT WILL BE DIFFICULT TONIGHT GOING IN THE, IN THE FUTURE. ADDITIONALLY, THE VARIANCE, UH, THAT WE'RE TALKING ABOUT, UH, THAT THE OWNERSHIP IS SEEKING IS COUNTER TO THE EFFORTS OF OUR MASTER PLANNING EXERCISES FOR THE SOUTHWESTERN MEDICAL DISTRICT. WE, WE RECENTLY HAVE THAT COMPLETED IN 2024, UH, AND WE ALSO WORKED WITH THE CITY OF DALLAS WHEN THEY WERE UPDATING THEIR FORWARD DALLAS, UH, COMPREHENSIVE LAND USE PLAN. SO WE WORKED TOGETHER ON THIS AND, BUT THEY WERE BOTH, UH, ADOPTED OR, UH, BY THE, ADOPTED BY THE CITY COUNCIL FOR THE FORWARD DALLAS PLAN AND BY OUR OWN BOARD FOR THE MEDICAL DISTRICT IN 2024. SO IF YOU'LL GO TO THE NEXT PAGE, I'LL KIND OF EXPAND ABOUT OUR MEDICAL DISTRICT MASTER. THIS IS KIND OF WHAT WE'RE SHOWING HERE. UH, WE HAVE KIND OF THREE COLORS FOR IT. YOU CAN SEE HERE KIND OF A, A DARKER SHADE OF, UH, MAYBE BLUE OR PURPLE. UH, IT'S WHAT WE CALL INSTITUTIONAL. AND THAT JUST COVERS THE PROPERTIES THAT ARE OWNED BY THE THREE MEMBER INSTITUTIONS, WHICH I FORGOT TO MENTION. THIS INCLUDES CHILDREN'S MEDICAL CENTER, DALLAS, UT SOUTHWESTERN MEDICAL CENTER, AND PARKLAND HOSPITAL. SO YOU NEED TO GET THAT OUTTA THE WAY. BUT THEN WE ALSO HAVE TWO OTHER LAND USES THAT WE'RE LOOKING AT FOR OUR AREA, INSTITUTIONAL MIXED USE. AND THAT WOULD BE FOR MORE FOR PRIVATE PROPERTY OWNERS OUTSIDE, UH, THOSE PROPERTIES, UH, OWNED BY THE THREE MEMBER INSTITUTIONS. BUT TO DO, UH, KIND OF BUFFERING TYPE OF USES THAT COMPLIMENT CAMPUS, UH, TYPE OF DEVELOPMENT. AND THEN WE HAVE FINALLY MIXED USE, WHICH YOU ALL KNOW IS GONNA BE A SINGLE USE ON ONE FLOOR AND, UH, VERTICALLY OTHER USES UP ABOVE. WE ALSO IDENTIFY THE TYPES OF ACTIVITIES THAT CAN GO IN WITHIN THESE USES THAT ARE DESIRABLE AND ALSO SOME THINGS WE FELT WERE RESTRICTED FROM THE MEDICAL DISTRICT AREA. GO TO THE NEXT PAGE PLEASE. AND AS I NOTED, WE WORKED WITH THE CITY OF DALLAS STAFF ON THE FORWARD DALLAS, UH, UPDATE TO THE COMPREHENSIVE LAND USE PLAN. AND IF YOU CAN SEE, UM, HAS SIDE BY SIDE HERE, YOU CAN SEE THAT THE DARK BLUE THERE, UH, FOR THE KIND OF THE IMAGE TO THE, UM, I'LL SAY TO THE RIGHT OR THE MIDDLE, THERE IS OUR MEDICAL DISTRICT AREA BASICALLY. AND IT'S AN INSTITUTIONAL TYPE OF USE FOR THE AREA. THE SURROUNDING USES THAT WE'RE LOOKING AT IN THIS, UH, PARTICULAR AREA AROUND, UH, 47 0 1 BENGAL STREET, UH, ARE THE OTHER TWO COLORS, WHICH IS KIND OF AN ORANGE COLOR, WHICH IS WHAT THEY CALL CITY RESIDENTIAL. AND THEN THE LIGHTER OR THE YELLOW COLOR THAT COULD BE MORE GREEN, THAT IT'S GONNA BE BASICALLY YOUR MORE SINGLE FAMILY USES. SO YOU CAN BE FOUND IN THE MAPLEWOOD AND UH, CLIFTON PLACE. NUMBER TWO, UH, SUBDIVISION DEVELOPMENTS. OKAY, SO WE GO TO THE NEXT PAGE, PLEASE. HERE WE'RE HAVING KIND OF A, UH, SIDE BY SIDE HERE GOING BACK TO OUR MASTER PLAN, UH, AREA. AND I WANNA FOCUS ON, WE HAVE FOUR HUBS IN THE MEDICAL DISTRICT THAT WERE DEFINED BY [01:20:01] OUR CONSULTANT MBBJ IN DEVELOPING THIS PLAN. THE REASON FOR THIS IS WE SEE THE MEDICAL DISTRICT, WE'RE TAKING IT TO THE NEXT LEVEL IN GROWTH AND WHAT IT MEANS FOR THE CITY OF DALLAS, ESPECIALLY WITH HIGHER DENSITY DEVELOPMENTS TAKING PLACE AROUND IT. WE HAVE SEVERAL TRANSIT STATIONS WE WANT TO TAKE USE OF. WE ALSO HAVE THE CITY GROWING INTO THIS AREA. AND WE'RE ALSO BETWEEN KIND OF SEVERAL DESTINATIONS, INCLUDING DALLAS LOVEFIELD AIRPORT AND DOWNTOWN DALLAS, THE UPTOWN AREA, OAK LAWN AREA. BUT THOSE FOUR HUBS, UM, THE ORIGINAL ONE IS WHAT WE CALL THE BUTLER HUB, WHICH IS KIND OF IN THE MIDDLE UP TO THE NORTH, UH, WOULD BE WHAT WE CALL THE BEAU MAR HUB, WHICH IS CLOSE TO THE DALLAS OAKFIELD AIRPORT, BUT ALSO CLOSE IN PROXIMITY TO THE NEW $5 BILLION NEW PEDIATRIC CAMPUSES CURRENTLY BEING BUILT. THEN WE HAVE ONE TO THE WEST OF, UH, UT SOUTHWESTERN'S CLEMENCY UNIVERSITY HOSPITAL. AND THE ONE IN PARTICULAR HERE WE CALL THE CEDAR SPRINGS HUB. AS YOU CAN SEE, WE HAVE AN ARROW POINTED RIGHT TO IT. THAT'S THE AREA WE'RE TALKING ABOUT. AND SO, AGAIN, WITH OUR MASTER PLAN, MUCH LIKE BEFORE WE'RE DALLAS PLAN, THESE ARE COMPREHENSIVE AND INNATE. COMPREHENSIVE, BUT ALSO IN A WAY, UH, WE'LL SAY, UH, CONCEPTUAL, UH, THEY'RE NOT LIKE A A ZONING ORDINANCE OR ANYTHING LIKE THAT, THAT THERE'S TEETH IN IT. THEY'RE JUST, BOTH OF THESE ARE TO GUIDE THINKING. THEY'RE BASED ON THE COMMUNITY'S VALUES OF WHAT WE'RE SEEING TAKING PLACE. AND SO CONCEPTUAL IN NATURE. BUT WHAT WE'RE TRYING TO SHOW HERE IS WITH THE CEDAR SPRINGS HUB, IS THAT UM, IT'S AN AREA THAT WE SEE A MORE APPROPRIATE ON THE, LET'S SAY NORTHWEST SIDE OF CEDAR SPRINGS BRANCH FOR HIGHER DENSITY TYPE OF RESIDENTIAL DEVELOPMENT. AND ON THE SOUTHEAST SIDE OF THE CREEK, WE'RE TRYING TO BE RESPECTFUL OF A LOWER DENSITY SINGLE FAMILY TYPE OF DEVELOPMENT THROUGH THERE, BUT ALSO USE THIS, UH, KIND OF GREEN BELT THROUGH HERE AS BASICALLY BEING A BONDING AGENT. BETWEEN THOSE TWO AREAS WE'RE TRANSITION AS WELL FROM THE HIGHER DENSITY TO THE LOWER DENSITY AND VICE VERSA. AND SO, UH, WE'VE SEEN THIS, THIS, UH, GREEN, UH, GREEN BELT AREA AS BEING ACTUALLY AN ASSET FOR THE MEDICAL DISTRICT AREA. SOMETHING THAT IS ACTUALLY NEEDED FOR THE MEDICAL DISTRICT, ESPECIALLY WHEN YOU HAVE HIGHER DENSITY TYPE DEVELOPMENTS THAT ARE DESIRABLE. SO, UM, NEXT IMAGE WE HAVE BASICALLY IS KIND OF, LET ME SHOW HOW THIS WOULD WORK. UH, AGAIN, THE YELLOW BEAM, THE MIXED USE TYPE OF DEVELOPMENT, UH, RIGHT NEXT PLUGGED INTO THIS KIND OF GREEN BELT. AND ON THE OTHER SIDE IS KIND OF WHITE, BUT THAT'S A SINGLE FAMILY TYPE OF, UH, EXISTING DEVELOPMENT IN THE AREA. AND THEN THE, TRYING TO MAKE THIS INTO SOME SORT OF A PARK SPACE GOING THROUGH THE MIDDLE. UH, NEXT SLIDE IS JUST SHOWING SOME RENDERINGS OF THIS AREA. AND WE CAN SPEAK TO BOTH AS A STREET VIEW FOR BENGAL STREET AS WELL AS THE STRAIN VIEW THROUGH THE AREA. I WOULD LIKE TO POINT OUT, 'CAUSE THERE HAS BEEN THAT DISCUSSION ABOUT BINGLE STREET AND THE DOG LAKE FOR THAT IS THAT THE QUESTION IS, WELL WHAT'S THE POINT OF HAVING THAT RIGHT AWAY IN THE FIRST PLACE? WE SEE THIS AS ACTUALLY BEING A REALLY GREAT RIGHT AWAY FOR IF WE DO SEE SUCH A GREEN BELT TRAIL DEVELOPMENT THROUGH THERE, UH, ALONG THE CREEK. AND FOR ACCESS FOR THAT, LET'S SAY THE NORTHWEST SIDE OF THE, UH, CREEK INTO THE AREA FOR WHERE WE WOULD LIKE TO SEE FUTURE TRAILS TAKE PLACE. WE MENTIONED KINGS ROAD SWINGING AROUND THIS AREA, KINGS ROAD AS A ACTUAL STREET ROAD'S AT ATON STREET, BUT THE ACTUAL RIGHT OF WAY BENDS AROUND AND FALLS THE CREEK ALL THE WAY OVER TO, UH, PAST HAWTHORNE STREET TO LUCAS STREET. SO WE SEE THIS AS BEING SOMETHING, UH, BEGINNINGS OF A TRAIL PLAN FOR THE AREA. UH, BUT OF COURSE IT'S GONNA TAKE MORE COMMUNION INVOLVED THAN ALSO LIKE THAT. SO WE'VE, WE SEE THIS OF BEING A REALLY A POSITIVE AREA FOR THIS, FOR THE MEDICAL DISTRICT AREA OR THE CITY OF DALLAS. WE'RE TRYING TO ADDRESS MAYBE THE NEEDS THE CITY HAS AND WE JUST DO NOT WANT TO, HOW DO I SAY, REWARD, KIND OF WHAT'S WE'VE BEEN HAVING TO DEAL WITH AND ALSO SET A PRECEDENT FOR OTHERS TO TAKE ADVANTAGE OF SOMETHING LIKE THIS. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU SIR. SO, UM, OKAY, SO I'M GONNA ASK YOU A FEW QUESTIONS AND THEN AFTER OUR QUESTIONS THAT WE HAVE, THEN WE'RE GONNA GO BACK TO MR. BALDWIN ACCORDING TO OUR RULES. SURE. SO, UH, I APPRECIATE YOUR PRESENTATION. UM, I'M FLIPPING THE PAGES BACK. UM, UH, YOUR 1, 2, 3, FOURTH BULLET ALLOWING THIS VARIANCE SETS A PRECEDENT FOR FUTURE REQUESTS. IT DOES NOT, OUR RULES SPECIFICALLY SAY THAT STATE THAT EACH CASE, UH, AND OUR DECISION DOES NOT SET A PRECEDENT. NOW, IS IT SOMETHING WE TAKE IN CONSIDERATION? OF COURSE WE DO. WE LOOK AT WHAT NEIGHBORS ARE DOING ON SETBACKS, ON FENCING, ON HEIGHTS, ON ALL TYPE OF DEVELOPMENT THINGS. BUT IT'S NOT CONTROLLING, IT'S INFORMATIVE, IT'S NOT CONTROLLING. SO JUST THAT YOU UNDERSTAND, BUT I GET YOUR POINT, WHAT YOU'RE MAKING HERE. ALRIGHT, SO I FOLLOWED YOUR MAP. GO TO PAGE THREE ON HIS, [01:25:01] HIS DEAL PLEASE. THANK YOU MR. THOMPSON. ALRIGHT, SO WHERE IN THIS MEDICAL DISTRICT MASTER PLAN ARE LAW OFFICES OR RESEARCH ALLOWED? 'CAUSE I LOOKED FOR THE USE. IS IT IN THE PROHIBITED USES? IS IT IN THE MIXED USE, INSTITUTIONAL USE OR INSTITUTIONAL MIXED USE? WELL, BECAUSE THE CURRENT APPLICANT IS USING IT FOR LAW OFFICES AND I GUESS RESEARCH, BUT YOU KNOW RIGHT. I'M JUST TRYING TO SAY, TRYING TO PLUG IN WHAT HIS CURRENT USE IS AND WHAT YOU SAY IS YOUR MASTER PLAN. RIGHT. OKAY. RESEARCH YOU MENTIONED, WE WILL ALLOW THAT. AND BASICALLY INSTITUTIONAL AS WELL AS INSTITUTIONAL MIXED USE AND RESEARCH AND DEVELOPMENT. RIGHT. RESEARCH AND ACTUALLY, AND ALSO FOR MIXED USE AS OKAY. ALL OF THESE. SO THE CURRENT USE IS CONSISTENT WITH THE SOUTHWESTERN MEDICAL DISTRICT MASTER PLAN BECAUSE IT LAW OFFICES MIXED USE, RIGHT? YEAH. MM-HMM . OKAY. ALRIGHT. NOW I'M FLIPPING THE PAGE AND FLIPPING THE PAGE. I'M GOING TO PAGE FIVE. YEAH. ALRIGHT, SO NOW WE'RE ZEROING INTO WHAT YOU ARE CALLING THE CEDAR SPRINGS HUB. CORRECT? BECAUSE WHAT I, AS YOU WERE GOING, I WAS SAYING WHEN IS THIS GONNA GET TO THE PROPERTY? AND I SEE IT'S INSIDE THIS PROPERTY, INSIDE THAT CIRCLE, CORRECT? YES. ALRIGHT, I FLIPPED NOW TO PAGE SIX. GO TO PAGE SIX. SO ON PAGE SIX I TRIED TO FIND WHERE THIS PROPERTY IS AND I'M GONNA HELP YOU HERE. YEP. UH, THE WAY I FOUND IT WAS NUMBER EIGHT, I SQUINT HARD. NUMBER EIGHT IS THE RONALD MCDONALD HOUSE, WHICH IS ACROSS THE STREET FROM IT. CORRECT. SO THEREFORE ACROSS THE STREET FROM NUMBER EIGHT GUYS, DO YOU SEE NUMBER EIGHT ACROSS THE, LIKE SOUTH DIAGONAL IS THE SUBJECT PROPERTY. LOOK AT MR. DORN HAS HIS GLASSES OFF. I LOVE IT. NO, ACROSS FROM EIGHT, IT'S BETWEEN EIGHT AND SIX IS THE SUBJECT PROPERTY. IS THAT, IS THAT CORRECT? AM I ZEROING IN? THAT IS CORRECT. SO TELL US WHAT THIS MAP MEANS VIS-A-VIS US. 'CAUSE IT MAKES IT LOOK LIKE THIS IS ALL GREEN SPACE. IT DOES. AND THAT'S WHAT WE WERE TALKING AGAIN MASTER. IS THAT WHAT THE MASTER PLAN IS FOR THIS DOLL TO BE GREEN SPACE AS CONCEPTUALLY? YES SIR. BECAUSE WE ARE TRYING TO ENCOURAGE MORE HIGHER DENSITY RESIDENTIAL DEVELOPMENT THERE WE HAVE OVER 42,000 EMPLOYEES WORKING. HOLD, HOLD YOUR PHONE THERE. OKAY, JUST HOLD ON. I'M PROCESSING. OKAY. UH, AND I SAID GREEN SPACE, I DON'T KNOW NECESSARILY WHAT THAT MEANS. DOES THAT MEAN RESIDENTIAL WITH GREEN SPACE? DOES THAT MEAN INDUSTRIAL WITH GREEN SPACE? WHAT DOES GREEN SPACE MEAN? GREEN SPACE IN THIS CASE MEANS OPEN SPACE WHERE TRAILS CAN BE DOG PARKS CAN BE AH, SO SO WHAT HAPPENS TO THE PROPERTIES THAT ARE THERE ALREADY? THEY CAN HOLD ONTO THEIR PROPERTY UNTIL THEY SELL IT. AND WE DID HAVE, AND THEN WHAT HAPPENS? INSTITUTIONS INTERESTED IN BUYING THIS PROPERTY, BUT THEY BACKED OUT BECAUSE THEY SAID IT WAS TOO COMPLICATED. OKAY. SO AS MY BOARD ATTORNEY WILL REMIND ME, WE CAN'T GO INTO WHETHER SOMEONE'S BUYING OR SELLING THE PROPERTY. WE'RE STRICTLY ON FOCUSED ON LAND USE. MM-HMM HIGHEST BEST LAND USE AGAINST OUR CRITERIA. UM, SO THIS 2024 SOUTHWESTERN MEDICAL DISTRICT MASTER PLAN, HAS THAT BEEN INCORPORATED IN THE FORWARD DALLAS TWO PLAN? WE HAVE WORKED CLOSELY WITH THE, UH, IT HAS IT BEEN INCORPORATED IN THE FORWARD DALLAS PLAN. AND YOU GO BACK TO THINK IT, CINDY, PAGE FOUR. AND WE WORKED WITH STEADY STAFF ON THIS AS FAR AS, UH, IT, YOU KNOW, OUR MEDICAL DISTRICT ON PAGE FOUR HERE YOU CAN GO BACK TO FOUR. YEAH, I GOT A LITTLE BIT CLOSER TO THE MICROPHONE TOO, SIR. UM, TOO CLOSE? NO, KEEP CLOSER. OKAY. THANK YOU. UH, THE BLUE PART IS THE MEDICAL DISTRICT, UH, WHERE BASICALLY LET'S SAY TO THE SOUTHEAST PART, UH, THAT PART IS MEDICAL DISTRICT DRIVE. THEN THE PART THAT KIND OF COMES DOWN IS THE TRE RAIL LINE THROUGH THERE. SO ORANGE IS THE AREA IN PARTICULAR THAT WE'RE LOOKING AT THAT'S GONNA BE CALLED CITY RESIDENTIAL. MUCH MORE HIGHER DENSITY TYPE OF DEVELOPMENT THAT WOULD TAKE PLACE THROUGH THERE. IT PRETTY MUCH FALLS ALONG THAT BOUNDARY BETWEEN, ALRIGHT. HOLD. ALL RIGHT. HOLD. ALL RIGHT. MM-HMM . SO I'M ABSORBING, I'M ABSORBING WHAT YOU'VE SAID. I LISTENED TO WHAT THE APPLICANT IS REQUESTING. ARE YOU IMPLYING IN YOUR OPPOSITION THAT WE SHOULDN'T DO THIS? BECAUSE FINISH THE SENTENCE. WHY IS IT THAT WE SHOULD OPPOSE THIS? WHY SHOULD WE DENY THIS? BECAUSE WE, FIRST OF ALL, THIS DEVELOPMENT HAS ALREADY KIND OF TAKEN PLACE AFTER THE FACT, AFTER THE FACT. WHAT I UNDERSTAND THEY'VE RECEIVED A, A GRANT ON THIS VERY TWICE BEFORE THEY DID NOT COMPLETE IT. WE'RE, WE WERE INTERESTED IN THAT PROPERTY BECAUSE THEY HAVE FOR SALE SIGNS ALL OVER, YOU KNOW, BUT WE, YOU KNOW, BACKED UP BECAUSE THERE ARE COMPLICATIONS. [01:30:01] THERE'S KIND OF A HISTORY HERE. WE FEEL LIKE RENTING THIS IS ALLOWING A BUILDING RIGHT UP TO THE EDGE OF THAT STREET, BASICALLY, JUST SO YOU KNOW, WE CAN'T TAKE A POSITION ON SOMEONE BUYING OR SELLING OR WHETHER IT WAS A GOOD SALE OR NOT SALE. SO THAT, THAT'S THAT WE HAVE TO TAKE THAT AND PUT IT ASIDE. OKAY. SO I MEAN, WE'RE LOOKING AT LAND USE. LAND USE. OKAY. WE HAVE, I'M NOT TRYING TO CUT YOU OFF, I'M TRYING TO KEEP YOU FOCUSED ON WHAT ARE OUR CRITERIA THAT WE WILL EVALUATE HIS REQUEST AND YOUR RESPONSE. OKAY. MY RESPONSE IS THAT WE HAVE A BUILDING THAT GOES RIGHT UP TO THE STREET AS I POINTED OUT. UH, NO, I THINK WE'VE IDENTIFIED THAT. OKAY. IT HAS TWO SIDES TO IT. YOU RUN UP A QUESTION ABOUT, YOU KNOW, WHAT ARE THE, YOU'RE COMING AROUND THE CORNER OR SOMETHING LIKE THAT. I JUST, I CAN'T FIND MANY PLACES UNLESS IT'S AN INDUSTRIAL AREA. OF COURSE. AND THIS HAS BEEN A FORMER INDUSTRIAL AREA WHERE YOU HAVE SOMETHING LIKE THIS, YOU KNOW, TAKING PLACE. BUT WE'RE TRYING TO CHANGE HOW WE LOOK AT THIS LAND USE FOR THIS AREA. SO. ALRIGHT. WHAT OTHER THE QUESTIONS DO WE HAVE FOR MR. PJA? PREON. PJA. I APOLOGIZE. THAT'S MR. PRE WHAT OTHER QUESTION MS. HAYDEN? I DON'T KNOW IF YOU ACTUALLY ANSWERED THE QUESTION THAT, UH, MR. NEWMAN, CHAIRMAN NEWMAN ASKED ABOUT WHETHER OR NOT THIS IS INCORPORATED INTO THE FORD DALLAS PLAN. I KNOW YOU SAID YOU COORDINATED WITH FORD DALLAS, BUT IS THIS PART OF THE FORD DALLAS PLAN? WHAT'S, WHAT'S WRITTEN HERE? WE, I I GUESS MY CONCERN ABOUT INCORPORATED INTO IS THAT WE WORK CLOSELY. THEY ASK US QUESTIONS ABOUT, YOU KNOW, HOW DO YOU LOOK AT THE, THAT AREA FOR YOUR MASTER PLAN. AND WE SAID WE SEE THIS BEING A HIGHER DENSITY AREA, WHETHER THEY SAID, AND PART OF THE FORWARD DALLAS COMPREHENSIVE LAND USE PLAN TAKES IN EXACTLY WHAT THE SOUTHWESTERN MEDICAL DISTRICT, IT WASN'T PART OF THEIR PLACE TYPES. SO I WOULD SAY THAT THAT'S A LITTLE HARD FOR ME TO ANSWER. IT FITS IN WITH THEIR PLACE TYPES. OKAY. SO YOU'RE NOT SURE IF IT'S IN, IF IT'S ACTUALLY IN THE FLORIDA? NO, IT FITS WITH THEIR PLACE TYPES. THAT'S ABOUT AS FAR AS I UNDERSTAND THAT THEY CARRY CARDS. THANK YOU. YOU HAVE A QUESTION, MS. DAVIS? NOPE. WHAT ARE QUESTIONS MR. HOPLAND? JUST TO FOLLOW UP ON THAT, BUT THE, UM, THIS PLAN THAT YOU'VE OUTLINED FOR US, YOU SAID THIS PLAN THAT YOU'VE OUTLINED FOR US YES. HAS BEEN APPROVED BY THE CITY COUNCIL. DID YOU, DID YOU SAY THAT? I WOULD SAY THE FORWARD DALLAS PLAN HAS BEEN APPROVED BY THE DALLAS CITY COUNCIL. I HAVE, YOU KNOW, WE, YOU KNOW, WORKED AGAIN WITH THE CITY STAFF ON THIS. WE DID NOT WALK THIS PLAN IN FRONT OF THE CITY COUNCIL TO HAVE THEM ADOPTED BECAUSE IT WOULD BE, YOU KNOW, AGAIN, WE'RE RESPECTING THE FORWARD DALLAS PLAN ON THAT. SO, SO THIS PLAN, THIS LAND USE PLAN IS A PROPOSAL THAT IS SITTING THERE, JUST SITTING THERE AS A PROPOSAL. IT'S A PROPOSAL IS A CONCEPT FOR THE, TO GUIDE OUR BROKEN DEVELOPER. TAKE US TO THE NEXT LEVEL. THANK YOU. AND, AND, AND TO BE CLEAR, AND THE STAFF CAN CORRECT ME OTHERWISE, FORWARD DALLAS, THE ORIGINAL, FORWARD DALLAS AND SUBSEQUENT IS A POLICY STATEMENT, A GUIDANCE FOR THE PLANNING STAFF AS WELL AS THE DEVELOPMENT COMMUNITY. BUT IT'S NOT A CONTROLLING DOCUMENT. THE PLANNING COMMISSION CAN APPROVE ZONING A CHANGE ZONING, AND THE COUNCIL CODIFIED THAT AT ANY TIME WHATSOEVER. IT'S ONE OF THE THINGS THAT THAT, THAT THEY UTILIZE AS GUARDRAILS. UM, BUT AGAIN, THAT'S UP TO THE PLAN PLANNING COMMISSION AND THE COUNCIL. MS. DAVIS, I, I THINK THIS IS A QUESTION FOR OUR ATTORNEY, AND I'M ASKING THIS QUESTION, IT DOESN'T HAVE TO DO SPECIFICALLY WITH THIS PROPOSED DEVELOPMENT. I JUST WANT TO, UH, JUST MAKE SURE THAT I UNDERSTAND THAT IF WE APPROVE THIS, WHOEVER WE APPROVE THAT, THAT WE'RE GONNA BE BUTTED UP RIGHT AGAINST THAT ROAD. AND RIGHT NOW THERE'S NO TRAFFIC AND RIGHT NOW THERE'S NO, THERE'S NO BRIDGE. BUT IF THINGS CHANGE, THAT'S FOREVER GOING TO BE THE CASE. CORRECT. SO IF SOMEBODY ELSE COMES IN AND BUYS, WHOEVER OWNS THAT BUILDING FOREVER, IF WE APPROVE IT OR THE EMPTY LOT NEXT DOOR TO IT, THEY'LL, THEY'LL ALWAYS BE ABLE TO HAVE THAT CORNER THAT IS GOING INTO THE STREET OR GOING RIGHT UP AGAINST THE STREET. IS THAT CORRECT? YES, THAT IS CORRECT. OKAY. OKAY. MS. DAVIS? THAT'S RIGHT. MS. HAYDEN, UM, AS A FOLLOW UP TO THAT, EVEN IF, IF THIS ZONING HAS CHANGED FOR THIS PROPERTY, I KNOW IT'S INDUSTRIAL RIGHT NOW, IT'S ZONE INDUSTRIAL CURRENTLY, RIGHT? IR UM, AND IF, IF THIS MASTER PLAN MOVES FORWARD AND THIS PROPERTY IS CHANGED TO A PARK OR SOME OTHER ZONING, WOULD THAT CHANGE THE, WHAT WE VOTE ON HERE OR WOULD IT NOT? I BELIEVE THEY'LL ONLY CHANGE [01:35:01] IF THEY INTENTIONALLY, UM, 'CAUSE THEN THEY MIGHT HAVE GRANDFATHERED INTO WHAT THEY, WHAT IR IS. SO IF THEY INTENTIONALLY, UM, DEMOLISH THE BUILDING, THEY WOULD HAVE TO ADHERE TO WHATEVER ZONING IS ON IS RELEVANT AT THAT TIME. AND A PLAN DOESN'T GUIDE A, A PLAN DOES NOT CONTROL ZONING. THE UNDERLYING ZONING, CORRECT ME IF I'M WRONG, MS. BORDER ATTORNEY, THE UNDERLYING ZONING IS IR AND IT'S A, IT'S NOT AN S PD OR AN SUP, IT'S AN IR ZONING. SO INDUSTRIAL RETAIL ZONING, UM, PERIOD. THE END, WHAT WE'RE DEALING WITH TODAY IS A REQUEST BY THE APPLICANT TO ALLOW FOR, AND IF I UNDERSTAND THIS, 15 FOOT ENCROACHMENT ON THE FRONT YARD, AND I CALL IT SIDE YARD, BUT THEY'RE SAYING IT'S TWO FRONT YARDS TO THE BENGAL UN UNKNOWN OR UNNAMED. AND ALSO THE, UH, BENGAL MCAFEE FRONT. THAT'S WHAT WE'RE, THEY'RE BEING ASKED TO DO. AND THAT MAKES IT PERMANENT. LIKE WHICH MS. DAVIS SAID PERMANENT. IT'S NOT IN OUR PREROGATIVE TO ASK THE APPLICANT, WHAT ARE YOUR INTENTIONS? ARE YOU GONNA OCCUPY, ARE YOU GONNA SELL, ARE YOU GONNA INCREASE? THAT'S NOT, THAT'S NOT WITHIN OUR CRITERIA. ALL WE CAN JUDGE IS WHETHER THE APPLICANT MET THE CRITERIA OF NOT CONTRARY TO PUBLIC INTEREST, UH, CHANGING THE, THE SETBACKS BECAUSE OF THE UNUSUAL SHAPE SLOPE OF THE LOT. AND IT'S NOT FOR SELF-INTEREST, BUT THEIR PROPOSED PLAN, AS GOOD AS IT MAY BE OR NOT BE, DOES NOT CONTROL THE ZONING. IT'S, IT'S A GUY, IT'S GUARDRAILS WHETHER THE COUNCIL ADOPTS IT OR NOT. THAT'S THE COUNCIL'S BUSINESS. WE STILL HAVE TO BE THE ONES TO ADJUDICATE A REQUEST FOR 15 FEET IN THE FRONT YARD AND THE SIDE YARD. I'M CALLING IT SIDE YARD TOO. THANK YOU, SIR. THANK YOU. ANY OTHER QUESTIONS FOR THIS GENTLEMAN? OKAY, MR. UH, BALDWIN, OUR RULES OF THANK YOU, SIR. THANK YOU. OUR RULES OF PROCEDURE ARE SUCH THAT Y THAT EACH APPLICANT IS, UH, APPLICANT AND THE OPPOSITION IS ABLE TO SPEAK. AND THEN YOU HAVE A FIVE MINUTE REBUTTAL. UH, YOUR FIVE MINUTE WILL BE HELD TIGHTLY. AND THEN IF WE MAY HAVE OTHER QUESTIONS, BUT YOUR, YOU HAVE FIVE MINUTES, PERIOD. SO THE FIRST THING I'D LIKE TO CONFIRM IS, SHOULD THIS BE APPROVED, IT GETS APPROVED TO A SITE PLAN. WE ARE ONLY ALLOWED TO, TO BUILD WHAT'S ON THE SITE PLAN OR MAINTAIN WHAT'S ON THE SITE PLAN. THIS BUILDING GETS REMOVED, OUR VARIANCE GOES AWAY WITH IT. IS THAT CORRECT? UH, CITY TURN BECAUSE IT'S APPROVED AS SITE PLAN AND CONDITION. SO, WELL, THEY DISCUSSED, I ONLY HAVE FIVE MINUTES. I, I WANNA GET, GET THROUGH THIS. UM, IT'S INTERESTING THAT, UH, YOU KNOW, UT SOUTHWESTERN IS OPPOSING THIS BECAUSE I UNDERSTAND THEY'RE INTERESTED IN THE PROPERTY AND YOU WOULD THINK IT WOULD MAKE IT EASIER FOR THEM TO BUY THE PROPERTY BECAUSE IT SAID IT WAS COMPLICATED IF WE WERE ABLE TO FINALIZE OUR CO AND GET THIS ALL WRAPPED UP TO, TO BE ABLE TO SELL IT WITHOUT ANY OBJECTIONS FROM LENDER'S ATTORNEYS. SO, UH, THAT, THAT KIND OF CONFUSED ME. SO I THINK THAT A PROVEN THIS WOULD HELP THE PROPERTY BE SOLD. AND THEN SHOULD SOMEBODY BUY IT, WANNA MAKE IT INTO A PARK, THEY CAN DO IT. UH, THE PROPERTY IS CURRENTLY ZONED IR RESIDENTIAL USES ARE NOT ALLOWED IN IR. UM, I DON'T KNOW OF ANY CITY SPONSOR REZONING FOR THIS AREA TO MATCH THIS PROPOSED PLAN. I JUST SAW IT. I THINK IT LOOKS GREAT, BUT IT DOESN'T REFLECT WHAT'S ON THE GROUND TODAY. AND I DON'T KNOW IF THERE'S ANY MONEY TO DO THAT. THAT'S VERY EXPENSIVE TO BUY A BUNCH OF BUILDINGS AND REMOVE 'EM TO BUILD A PARK. UM, SO A AS THE CHAIRMAN SAID, FORWARD DALLAS, THEY USE THAT TO SAY, WHEN YOU GO THROUGH A REZONING REQUEST, DOES WHAT YOU'RE REQUESTING MAKE SENSE? AND DOES IT COMPLY WITH FULLWOOD VALLEYS? WE'RE NOT ASKING FOR A REZONING. WE'RE SURROUNDED BY IR ZONING IN ON THE, OUR SIDE OF THE CREEK, THE SOUTH SIDE OF THE CREEK. IT'S A PLANNED DEVELOPMENT DISTRICT FOR HIGH DENSITY SINGLE FAMILY. UH, WHICH, YOU KNOW, IT'S ABOUT 20 DWELLING UNITS PER ACRE. I DON'T KNOW IF YOU'VE EVER BEEN BACK THERE. FOUR STORY BUILDINGS, VERY TIGHT, NO OPEN SPACE. SO THAT'S HIGH INTENSITY DEVELOPMENT RIGHT ACROSS FROM US DOESN'T SEEM TO COMPLY WITH WHAT THEIR PLAN IS. UM, IT'S BEING USED FOR OPEN SPACE, HAVING A BUILDING NOT IN THE SETBACK. IF IT'S JUST BEING USED FOR ACCESS, THERE WON'T BE A, AN ISSUE WITH CORNER CLIPS BECAUSE IT'S BEING USED FOR PEDESTRIANS. AND THERE THIS WOULD ACTUALLY MIGHT BE ABLE TO HELP BECAUSE URBAN DESIGN TENDS TO LIKE TO HAVE A GOOD STREET WALL, UH, ALONG STREETS NOT HAVING BIG SETBACKS, UH, ESPECIALLY IN OPEN SPACE BECAUSE THAT GIVES PEOPLE AREAS BELOW. UM, AS YOU KNOW, NO CASE SETS A PRECEDENT. THIS WOULD NOT SET A PRECEDENT. WE'RE JUST TRYING TO CLEAR [01:40:01] THIS UP SO WE CAN FINALIZE OUR CO AND IF UT SOUTHWESTERN OR ANYBODY ELSE WANTS TO BUY IT, THEY CAN DO THAT WITHOUT US HAVING TO DEMOLISH BUILDINGS AND COME BACK INTO THIS PROCESS. I THINK WE MEET THE, THE THREE-PRONGED CRITERIA. I HOPE YOU CAN SUPPORT THIS AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. QUESTIONS FOR THE APPLICANT, MR. HOPKINS? I'LL JUST BE REAL STRAIGHTFORWARD. MR. BALDWIN, FOR THIS PARTICULAR PART OF THE BUILDING WAS BUILT, WAS IT LEGAL TO HAVE A, A SETBACK WHERE IT IS NOW? I DON'T BELIEVE IT WAS. THANK YOU. WOULD YOU REPEAT THAT? I APOLOGIZE. I WAS TALKING TO THE ASKED WHEN THE BUILDING WAS BUILT. YES. THIS PARTICULAR CORNER, 1964, THIS, THE, THE, THIS THIS CORNER OF THE BUILDING THAT WAS BUILT LATER AT THAT CORNER, THAT ENCROACHES. CORRECT. BUT CAN I CLARIFY, WAS, WAS THAT IN VIOLATION OF THE SETBACK AT THE TIME? AND ZAN? CAN I CLARIFY THAT? COMMISSIONER, IT, THE VARIANCE HAD BEEN APPROVED TWICE, BUT I THINK THERE WAS, IT, THE PERMIT WAS NOT ISSUED IN THE TIMEFRAME, SO IT, IT, IT WASN'T A BLATANT DISREGARD, BUT THERE, THE, THE, THE VARIANCE WAS APPROVED TWICE. IT DID NOT CONFORM WITH WHAT IT SHOULD HAVE CONFORMED WHEN IT WAS BUILT, BUT THE CITY DID ISSUE PERMITS ON IT. THANK YOU. OKAY. OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT, THANK YOU VERY MUCH. THANK YOU, SIR. DO WE HAVE ANY OTHER SPEAKERS? MS. WILLIAMS, PLEASE SAY NO. NO THE SPEAKERS. OKAY. THANK YOU. NOT THAT WE DON'T WANT TO HEAR FROM PEOPLE, WE JUST WANNA KEEP MOVING. ALRIGHT. THE CHAIR WOULD ENTERTAIN A MOTION. MR. KOVI, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA 2 5 0 0 0 6 6 ON THE APPLICATION OF ROBERT BALDWIN. DENY THE VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS, THE DALLAS DEVELOPMENT CODE OF AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT IN THE MATTER OF, UH, BO A 2 5 0 0 0 0 6 6. UM, MR. KOVI HAS MOVED TO DENY THE REQUEST WITHOUT PREJUDICE. IS THERE A SECOND? SECOND IS BEEN MOVED AND SECONDED TO, AND MS. DAVIS SECONDED THE MOTION TO DENY THE REQUEST WITHOUT PREJUDICE DISCUSSION ON THE MOTION. MR. HOP GRITZ? MY, MY CONCERNS ARE WHAT I ORIGINALLY SAID THEY WERE, IT REALLY HASN'T CHANGED. UH, I'M CONCERNED ABOUT VISIBILITY AT THAT CORNER. I'M CONCERNED ABOUT THE IMPACT OF THAT IN THE FUTURE ON THE UNDEVELOPED TRACT TWO, WHICH IS IMPACTED BY THAT STUB OF, UH, THE UNNAMED STREET OR THE, THE STUB OF BENGAL, UH, WHICHEVER IT IS. AND THE, AND THE CONCEPT THAT THERE WILL NEVER BE ANYBODY WHO WANTS TO BUILD SOMETHING ACROSS THAT FLOOD ZONE TO THE OTHER SIDE. UM, UH, I JUST, I JUST DON'T SEE HOW SOMEONE CAN, UM, SUGGEST THAT SOMETHING WILL NEVER, WILL NEVER HAPPEN. NOT IN THIS CITY IN ANY EVENT. SO, UH, I CANNOT SUPPORT THIS. THANK YOU MR. KOVICH DISCUSSION ON THE MOTION. MS. DAVIS? I'M IN AGREEMENT. I DON'T HAVE ANYTHING FURTHER. THANK YOU MS. DAVIS. UH, I'M UNDECIDED. UM, BUT REMEMBER, TAKES FOUR VOTES TO APPROVE. UM, IS YOUR CONCERN BOTH SIDES? THE MCATEE PORTION AND THE UNNAMED BENGAL PORTION? IS IT BOTH SIDES OR ONE OR THE OTHER? WELL, THE CORNER OF THE BUILDING IS RIGHT AT THE CORNER OF THE, OF THE TURN. YEP. SO, UH, YOU REALLY CAN'T SEPARATE THEM, IN MY OPINION. OKAY. UH, SO I'M PROBABLY GONNA SUPPORT THE MOTION TO DENY. AND THE REASON WHY IS GUYS, OUR JOB IS LAND USE. OUR JOB IS LAND USE AND IT'S PERMANENT AND IT'S IRRESPECTIVE OF WHO OWNS IT. AND AS LONG AS THEIR UNDERLYING ZONING, IR THEY'RE OPERATING WITHIN WHATEVER THE IR RULES ARE, THEY, THEY CAN DO WHAT THEY WANT, THEY CAN BUY OR SELL HOW THEY WANT. BUT WHEN WE MAKE A DECISION ON A VARIANCE FOR FRONT YARD, SIDE YARD HEIGHT, OR OTHERWISE, IT'S PERMANENT UNTIL ANOTHER CASE COMES TO CHANGE THAT, UM, I WOULD AGREE WITH YOU. UH, ALL ALONG IN THIS, AND I MENTIONED THIS AT LAST MONTH'S MEETING AND I DID THIS MORNING AT THE BRIEFING, I'M CONCERNED ABOUT WHAT'S GOING ON WITH TRACK TWO. IT'S EMPTY, IT'S VACANT. THAT'S NOT NEGATIVE. IT JUST BEGS THE QUESTION. AND GUESS WHAT? IT'S AT THE APEX CORNER OF WHERE THIS IS 15 FEET FORWARD INTO THE, UM, INTO, ALMOST INTO THE STREET AT THE [01:45:01] PROPERTY LINE. AND SO WHEN I LOOK AT THAT, I PA I PONDER, UH, I VERY MUCH APPRECIATE THE GENTLEMAN COMING FROM THE SOUTHWESTERN, OH, HOLD ON, LET ME READ IT CORRECTLY. UM, SOUTHWESTERN MEDICAL DISTRICT AND I APPRECIATE THAT. AND THOSE ARE VISIONARY THOUGHTS AND THAT'S A VERY GOOD ORGANIZATION AND, AND THAT SORT OF THING. AND I DON'T KNOW IF THEY HAVE A DOG IN THE HUNT AS FAR AS OWNERSHIP OR OTHERWISE. IT'S INFORMATIVE. UM, BUT REALLY WHAT'S TUGGING AT ME IS THAT INTERSECTION AND TRACK TWO AND, AND THE FACT THAT IT'S STILL UNCLEAR WHETHER THAT BUILDING SHOULD HAVE BEEN BUILT THAT WAY IN THE FIRST PLACE. OKAY? THAT'S MY OPINION. DISCUSSION OF THE MOTION. MS. HAYDEN, THIS IS A, THIS WAS A DIFFICULT ONE FOR ME TOO. UM, BUT I WILL BE SUPPORTING THE MOTION TO DENY. UM, I, I DO BELIEVE THAT THIS IS A, A LOT THAT IS RESTRICTIVE IN SHAPE AND, AND AN AREA WITH THE FLOODPLAIN ISSUE. UM, BUT I'M STRUGGLING WITH THE, THE, UM, CRITERIA THAT THIS IS NOT A SELF-CREATED HARDSHIP. UM, I THINK THE FACT THAT THIS, THEY HAD THE OPPORTUNITY TWO DIFFERENT TIMES TO APPLY FOR A PERMIT AND LEGALLY CONSTRUCT THIS BUILDING, UM, WITHIN ALL THE CONFINES OF, OF THE REQUIREMENTS. UM, AND THEY DIDN'T DO IT. UM, TELLS ME THAT THIS WAS SELF-CREATED. THANK YOU MS. HAYDEN. ANY OTHER DISCUSSION ON THE MOTION? NO OTHER DISCUSSION? UH, THE BOARD SECRETARY WILL CALL THE VOTE. CALL THE VOTE. UH, THE VOTE ON THE FLOOR BO OA 2 5 0 0 0 0 6 6 IS A MOTION TO DENY WITHOUT PREJUDICE MS. DAVIS. AYE. MS. HAYDEN? AYE. MR. HAITZ? AYE. MR. DORN? AYE. MR. CHAIRMAN? AYE. MOTION TO DENY WITHOUT PREJUDICE PASSES FIVE TO ZERO IN THE MATTER BOA 2 5 0 0 0 0 6 6. THE BOARD OF ADJUSTMENT UNANIMOUSLY ON FIVE TO ZERO VOTE, UM, DENIED THE REQUEST FOR A FRONT YARD SETBACK WITHOUT PREJUDICE. YOU'LL GET A LETTER IN THE MAIL FROM FROM THE BOARD. THANK YOU VERY MUCH. THE NEXT CASE BEFORE US IS BO A 2 5 0 0 0 0 8 8. THIS IS AT 1 0 2 6 0 STRAIGHT LANE IS THE APPLICANT HERE PLEASE COME FORWARD. JUST HANG RIGHT THERE FOR A SECOND SIR. OKAY. OKAY. UH, WE'RE NOW HEARING, UH, BO A 2 5 0 0 0 0 8 8. THIS IS AT 1 0 2 6 0 STRAIGHT LANE. UH, WHAT SPEAKERS DO WE HAVE FOR THIS CASE? MS. WILLIAMS? WE HAVE TWO IN, UM, SUPPORT AND ONE IN OPPOSITION. OKAY. ONE SECOND. ALRIGHT, SO AS IS OUR CUSTOMARY, UH, OR AS OUR RULES, UM, THE APPLICANT WILL BE GIVEN AN OPPORTUNITY TO SPEAK. I'LL GIVE YOU AS MUCH TIME AS AS REASONABLE AS LONG AS YOU'RE NOT BEING REDUNDANT. OUR RULES SAY FIVE, WE'LL KEEP GENERAL TRACK AFTER YOU SPEAK. ANYONE ELSE THAT WANTS TO SPEAK CAN SPEAK. I NEED TO GIVE EQUAL TIME TO EVERYONE THEN THE PER ANYONE IN OPPOSITION SOUNDS LIKE ONE WILL SPEAK AND THEN YOU'LL BE GIVEN A FIVE MINUTE FIRM, UH, REBUTTAL TIME PERIOD. UH, YOUR COMMENTS ARE DIRECTED TO MYSELF AS CHAIRMAN. UM, LET'S GO AHEAD AND, AND SWEAR HIM IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY. PLEASE PROCEED. GIVE US YOUR NAME AND ADDRESS. OKAY. I NEED YOU TO GO A LITTLE BIT CLOSER TO THAT MICROPHONE. I DON'T THINK IT'S ON. CAN YOU HEAR ME NOW? THERE YOU GO. NOW YOU CAN START. MY NAME IS SHAR SHARIF. I'M THE OWNER OF 1 0 2 6 0 STRAIGHT LANE. I'M HERE FOR THE FENCE SIDE [01:50:01] EXCEPTION. I HAVE FOUR POINTS I'M GOING TO MAKE, OH, JUST ONE OTHER COMMENT. DON'T WORRY, IT'S NOT GONNA BE HELD AGAINST YOU. UH, THE APPLICANT PROVIDED A FOLDER YES TO EACH OF THE BOARD MEMBERS. I DID. WHICH WE'LL LOOK AT WHILE YOU'RE TALKING. UH, IN ADDITION, HE PROVIDED, UM, IT LOOKS LIKE A BUNCH OF SUPPORT LETTERS. I'M ASSUMING THAT'S IT. THAT IS CORRECT. IN ADDITION, I'M GONNA PASS BACK THROUGH TO THE BOARD THE EMAILS THAT WE'VE RECEIVED IN FAVOR AND AGAINST, UM, THIS PARTICULAR APPLICATION. AND I'M GONNA PUT THAT IN HERE SO WE'RE NOT IGNORING YOU, WE'RE JUST LOOKING AT WHAT YOU'VE GIVEN US. YES. NOW YOU CAN PROCEED. I APOLOGIZE. NO PROBLEM. NUMBER ONE, WE WENT THROUGH THE PROCESS, UH, HISTORIC PRESERVATION AND GOT THE CERTIFICATE OF APPROPRIATENESS IN THE FIRST PLACE. SO MR. BROWN MISLED THE BOARD WHEN HE SAID THAT WE HAVE NOT DONE THAT. WE WENT THROUGH THE PROCESS, PUT IN THE APPLICATION AND GOT THE CA OKAY, THAT'S NUMBER ONE. I'M NOT GONNA GO IN MORE DETAIL ON THAT. THAT WHY I GOT A CALL ON FRIDAY, EVEN THOUGH I HAVE NOT CHANGED ANYTHING AMONG MY APPLICATION THAT I SUBMITTED ON THE PLANS, ANY OF THAT SAME MATERIALS, SAME HEIGHT, SAME PLANS THAT WE ARE WORKING ON. SO HOW THEY CAN CHANGE THEIR DECISION. I'M NOT SURE DO POLITICAL INFLUENCE, BUT I'M OKAY WITH THAT. WE ARE HERE FOR THE FENCE HEIGHT EXCEPTION. SO ON STRAIGHT LANE, AS YOU SAW, THE STREET HAS FENCE HEIGHT EXCEPTION ONE AFTER ANOTHER. ALL OF THEM I HAVE GIVEN YOU THE MAP OF STRAIGHT LANE WITH ALL THE HOUSES THAT HAVE HIGHER FENCE AND THAT'S 90% OF 'EM ANYWHERE FROM EIGHT FEET TO 20. OKAY. THE GUY WHO OPPOSED NEXT DOOR TO ME HAS FENCE SIDE EXCEPTION AND 22 FEET TALL. MAGNOLIAS COVERED ALL THE WAY. HIS GATE, IF YOU FIRE A MISSILE, WILL NOT GO THROUGH 'CAUSE IT'S SIX FEET THICK, CONCRETE, REINFORCED CONCRETE. THAT'S WHAT YOU GET FOR MONEY. SO, BUT HE WOULDN'T WANT ME TO HAVE THREE MORE FEET ON MY FENCE. THIS, I, I DON'T UNDERSTAND THAT PART OF IT. SO I GOT FEW LETTERS OF SUPPORT INITIALLY, BUT WHEN PEOPLE FOUND OUT ABOUT THE OPPOSITION, PEOPLE WERE COMING TO MY HOUSE TO SIGN THE LETTERS. I ENDED UP HAVING 46 LETTERS. AND THE 200 FEET RULE WOULDN'T APPLY HERE BECAUSE EACH HOUSE HAS FRONTAGE CLOSE TO 500 FEET ON STRAIGHT LANE. THESE ARE BIGGER ESTATES, BIGGER PROPERTIES. SO I HAVE OVER NINE LETTERS FROM STRAIGHT LANE BECAUSE EVERYBODY HAS BIGGER FENCES, BIGGER COLUMNS ON THE LANE. SO I'LL REQUEST THE BOARD TO APPROVE MY REQUEST OF EIGHT FEET FENCE AND COLUMNS. THANK YOU. THANK YOU SIR. DOES ANYONE HAVE QUESTIONS AT THIS POINT IN TIME FOR THE APPLICANT OR WE WANNA HEAR EVERYONE FIRST? I THINK WE'LL LET, WE'LL WAIT, WE'LL WAIT TO HEAR EVERYONE FIRST. ALL RIGHT. WE'LL COME BACK TO YOU. UH, WHO ELSE IS SPEAKING IN FAVOR? MS. WILLIAMS? MR. MARK ROSE. GOOD AFTERNOON. IF YOU GIVE US YOUR NAME AND ADDRESS THEN YOU'LL BE SWORN IN BY THE BOARD SECRETARY? YES, IT'S MARK ROSE, 47 15 SOUTH LYNDHURST AVENUE, DALLAS, TEXAS 7 5 2 2 9. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. WHAT, WHAT AGAIN IS YOUR ADDRESS, SIR? 47 15 SOUTH GLENHURST. OKAY. SO, UH, SOUTH GLENHURST AS NORTHLAND HURST DOOR SET, THEY ALL DEAD END INTO STRAIGHT LANE. SO BASICALLY STRAIGHT LANE IS OUR INGRESS AND EGRESS IN AND OUT OF THE NEIGHBORHOOD. SO IT'S A VERY IMPORTANT ARTIFACT, NOT JUST TO THE NEIGHBORHOOD BUT ACTUALLY TO THE CITY OF DALLAS BECAUSE IT'S SUCH A, A NICE PART OF THE CITY AND UM, IT'S AN ESTATE PART OF THE CITY AND I'M A HOMEOWNER THERE AS WELL AS A DEVELOPER. SO I DON'T REALLY HAVE SKIN IN THE GAME PER SE OTHER THAN THAT. JUST TRY TO LOOK OUT FOR THE NEIGHBORHOOD. AND THERE'S BEEN SO MUCH SUPPORT IN THE NEIGHBORHOOD FOR THIS BECAUSE RIGHT NOW WHAT YOU HAVE IS YOU HAVE, YOU KNOW, A COUNTRY FRENCH HOUSE AND AN OLD TEXAS FENCE THAT IS IN MAJOR DISREPAIR. AND SO WE LIKE IT TO BE OF AN STATE NEIGHBORHOOD. AND NOW THAT STATES HAVE ACTUALLY MOVED ON TO THE GATED STATES AND MOVED ON TO NORTH LINDA, SOUTH LINDA DOOR SET, ALL OF THE ENTIRE NEIGHBORHOOD IS A GATED NEIGHBORHOOD OF HIGH FENCES. UM, MY MOTHER LIVES ON THE NEXT STREET AND THEY PUT UP, UH, YOU KNOW, A 10 FOOT FENCE NEXT TO THAT. SO IT'S [01:55:01] VERY COMMON. IT'S CONSISTENT, IT RESPECTFUL OF THE NEIGHBORHOOD. SO I JUST CAME HERE TO SAY I'M A HUNDRED PERCENT SUPPORT OF IT. THANK YOU SIR. WHAT IS YOUR ADDRESS ONE MORE TIME? 47 15 SOUTH LYNDHURST. OKAY, HOLD ON A SECOND. SO IT'S OFF, IT'S OUTSIDE OUR MAP AREA, BUT I'M GONNA WRITE IT DOWN HERE. 47 15 SOUTH LYNDHURST. YES SIR. DOES LYNDHURST LOOP AROUND? SO THERE'S A SOUTH AND A NORTH? WELL, NO, THEY DON'T LOOP. THEY, THEY'RE PARALLEL. OH, PARALLEL EVERYTHING ON THAT STREET, DEAD ENDS IN THE STRAIGHT LANE. OKAY. SO THAT'S WHY WE'RE ALL VERY PROTECTIVE. WE'RE PROTECTIVE OF THE WHOLE NEIGHBORHOOD. HOW MANY HOUSES DOWN FROM STRAIGHT LANE ARE YOU, UH, ON THE SOUTH LYNN? I THINK I'M THE FOURTH HOUSE. FOURTH HOUSE? YES SIR. OKAY. AND, UH, UNDERSTAND AGAIN, AND I, IF YOU HEARD ME SAY BEFORE, I APOLOGIZE, I'M BEING REDUNDANT. STATE LAW SAYS THAT WE NOTIFY ALL PROPERTY OWNERS WITHIN 200 FEET JUST AS A NOTIFICATION PROCESS. THAT DOESN'T MEAN WE TAKE, UH, YOUR VER VERSUS THEIR WORK MORE OR LESS. IT'S JUST THAT'S THE NOTIFICATION PROCESS, RIGHT? YOU BEING HERE, YOU'RE PART OF THE PUBLIC TESTIMONY. THANK YOU. REGARDLESS OF YOU BEING IN THE 200 OR YOU BEING FOUR HOUSES DOWN ON SOUTH, SOUTH ON SOUTH LYNDHURST. SO APPRECIATE IT. I THINK, I THINK THE POINT ALSO IS, I THINK HE ALLUDED TO THIS, THAT MOST OF LOTS ON STRAIGHT LANE OR FOUR TO FIVE, 600 FEET WIDE. SO YOU YOU TOLD US THAT. YEAH. AND YOU KNOW, MY HOUSE IS, MINE IS ONLY A 200, 200 FOOT LOT. BUT, BUT BASICALLY EVERYBODY, SO THAT'S WHY I THINK THAT, THAT, THAT, UH, RULE MAYBE SHOULDN'T APPLY AND, OR ISN'T, YOU KNOW, AS RELEVANT IN THIS NEIGHBORHOOD. RIGHT. YOU MIGHT HAVE 20 HOUSES IN ARE NORMAL. WELL, THE NUMBER OF CASES WE HEAR, WE HAVE TO APPROACH IT THE SAME WAY. 200 FEET NOTIFICATION. WE LISTEN TO ALL OF COURSE WE'RE AS HUMAN BEINGS, WE MEASURE THOSE THAT ARE IN CLOSER PROXIMITY, PROBABLY A LITTLE BIT MORE HEAVY THAN THOSE THAT ARE FARTHER AWAY. IF SOMEONE SHOWED UP THREE MILES AWAY, WELL YOU'RE THREE MILES AWAY. THAT'S NOT IN DIRECT. SO IT'S, IT'S THAT WE, WE TRY TO LISTEN TO ALL THE EVIDENCE, BUT WE APPRECIATE IT. THANK YOU. THANK YOU. OKAY, MS. WILLIAMS, UM, WE HAVE OPPOSITION? YES, PLEASE. MR. RON HOLMES, IF YOU GIVE US YOUR NAME AND ADDRESS, SIR, AND THEN WE'LL SWEAR YOU IN. RON HOLMES. 14 2 4 1 DALLAS PARKWAY, DALLAS, TEXAS 7 5 2 5 4. OKAY, ONE SECOND. SURE. RON HOLMES. RON HOLMES. VERY GOOD. ALRIGHT, MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO PROCEED, SIR. THANK YOU. NOT HERE FOR A FIGHT. I BET MR. SHARIF AFTER THE BRIEFING THIS MORNING, IT SEEMS LIKE A VERY NICE GUY. UM, I'M HERE TO OPPOSE THE HEIGHT VARIANCE SIMPLY BECAUSE THIS PROPERTY IS THE SUBJECT OF A HISTORICAL DISTRICT NUMBER 1 54 CREATED BY CITY ORDINANCE, WHICH CITY ORDINANCE SAYS THAT NO FENCE CAN BE BUILT WITHIN THE NO BILL ZONE UNLESS IT MATCHES THE EXISTING FIFTH PLAIN AND SIMPLE. THAT'S AN ORDINANCE, PUBLIC RECORD. MR. SHRIFT BROUGHT, BOUGHT THE PROPERTY, HE HAD CONSTRUCTED KNOWLEDGE OF IT. HE SAYS HE GOT A CER CERTIFICATE OF APPROPRIATENESS. I DIDN'T SEE IT IN THE RECORD, BUT I'LL, I'LL THANKING FOR WHAT HE SAYS. UH, I HEARD THIS MORNING, UH, THAT THAT CERTIFICATE OF APPROPRIATENESS WILL PROBABLY BE REVOKED. UH, IT'S QUITE SIMPLE WHY IT WOULD BE THE FENCE PROPOSED DOESN'T MATCH THE EXISTING FENCE. THOSE ARE HISTORICAL DESIGNATIONS. I I DON'T KNOW IF THEY'RE GOOD OR BAD, THEY JUST ARE WHAT THEY ARE. UH, GETTING THEM CHANGED I KNOW IS ALMOST IMPOSSIBLE ONCE DESIGNATED, ALWAYS DESIGNATED VERY, VERY HARD. UH, SO I SUGGEST TO THE BOARD, I'M NOT THE BOARD OF THE ATTORNEY SO I WOULDN'T ADVISE YOU. I AM AN ATTORNEY. WHAT I DO, I REPRESENT JOHN AND EM REYNOLDS AT TEN THREE HUNDRED STRAIGHT LANE. THEY ARE MR. SHE'S NEIGHBORHOOD. UH, THEY WALK INTO THE NEIGHBORHOOD. BUT WE DO HAVE A HISTORICAL DESIGNATION. I DON'T KNOW YOUR INDEPENDENT BOARD AND LANDMARK COMMISSION CAN YOU REACH A DIFFERENT DECISION BECAUSE THE ORDINANCE SAYS BEFORE YOU CAN ALTER OR BUILD, YOU MUST HAVE THE CERTIFICATE APPROPRIATENESS FROM THE LANDMARK COMMISSION OR THE CITY PLANNING COMMISSION. SO YOU GOTTA HAVE IT. SO IF THIS BOARD VOTES TO ALLOW DEFENSE VARIANCE AND THE LANDMARK COMMISSION SAYS NO, IT HAS TO MATCH EXISTING, WHAT DO YOU DO? I WOULD SUGGEST TO YOU THAT YOU SHOULD LET THE LANDMARK COMMISSION GO FIRST AS IF IT DOES PARTICULARLY RELATE TO HISTORICAL DESIGNATIONS, [02:00:01] THIS HISTORICAL DISTRICT AND THESE PRESERVATION CRITERIA. I DON'T THINK YOU'D WANT TO COUNTER THOSE. SO I WOULD SUGGEST TO YOU TODAY THAT YOU DENY THIS APPLICATION, BUT THE LANDMARK COMMISSION, WHICH IS KNOWLEDGEABLE BY THE PRESERVATION CRITERIA, DO ITS JOB, MAKE ITS RECOMMENDATION TO YOU, THEN MAKE YOUR DECISION. THANK YOU. THANK YOU SIR. BEFORE WE HAVE THE APPLICANT'S REBUTTAL, WHAT QUESTIONS DO WE HAVE FOR THE APPLICANT OR THE GENTLEMAN IN OPPOSITION? MR. HAITZ? UM, FOR ANYONE WHO CAN ANSWER IT THERE EITHER IS OR ISN'T. UM, THAT AUTHORIZATION FROM THE LANDMARK COMMISSION. WE HEARD THIS MORNING THAT THERE WAS NO PERMISSION GIVEN. WE HAVE A SECRETARY APPROPRIATENESS PLEASE. ONE SECOND SIR. ONE SECOND. WE HEARD THIS MORNING THAT THERE WAS NO SUCH THING. YOU'RE TELLING US THERE IS SUCH A THING. THIS BOARD MEMBER NEEDS TO HEAR THAT WE, WE HEARD FROM A REPRESENTATIVE OF THE LANDMARK COMMISSION. I NEED TO HEAR FROM THEM THAT YES THEY DID OR NO, THEY DIDN'T ISSUE SOMETHING ALREADY ON THIS BECAUSE WE WERE TOLD THIS MORNING BY THE LANDMARK COMMISSION THAT THEY HAD NOT. SO TO ANSWER JUST ONE SECOND. YOU GO AHEAD AND SIT DOWN. JUST HOLD ON A SECOND. UM, CAN MR. TREVOR BROWN COME BACK UP PLEASE? OKAY. SO, UM, WHAT WE WOULD LIKE TO ASK AGAIN IS PROCESS AND RESULT. WHAT IS THE PROCESS BY WHICH A PROPERTY OWNER THAT HAS A LANDMARK DESIGNATION GOES THROUGH FOR CHANGE IN THEIR FENCE AND WHAT'S THE HISTORY ON THIS PARTICULAR PROPERTY? SURE. AND I'LL LET YOU SPEAK TO BOTH OF THOSE AND THAT'LL ANSWER MR. HOPKOS QUESTION AS WELL AS THE BOARDS. SURE. SO AGAIN, TREVOR BROWN, I MANAGE THE HISTORIC AND CONSERVATION DISTRICT TEAMS. UH, WHAT I SAID THIS MORNING, WHENEVER ASKED THE QUESTION WAS POSED WHETHER LANDMARK GAVE APPROVAL. NO THEY DID NOT. THIS WAS DONE AS A ROUTINE APPROVAL BY STAFF, WHICH THEY DID NOT HAVE THE AUTHORITY TO DO BECAUSE THE CHANGES THAT WERE BEING PROPOSED, UH, CANNOT BE APPROVED BY STAFF PERSON ALONE. THEY MUST GO TO LANDMARK COMMISSION FOR APPROVAL. OH, WHERE , I HAVE TO LAUGH. . OKAY. I'M NOT LAUGHING AT YOU. THANK YOU. SO IN OTHER WORDS, THE CITY COUNCIL APPOINTED LANDMARK COMMISSION HAS THAT AUTHORITY, JUST LIKE THE CITY COUNCIL BOARD BOARD OF ADJUSTMENT HAS AUTHORITY WHETHER WE'RE TALKING ABOUT, YOU KNOW, A PARKING VARIANCE THAT SOMEHOW GET IGNORED FROM 30 YEARS AGO OR ANYTHING ELSE. I'M JUST REINFORCING THAT'S WHY YOU HAVE A CITY COUNCIL ELECTED BY THE CITIZENS THAT THEN APPOINT BOARD MEMBERS, WHETHER LANDMARK COMMISSION OR THE BOARD OF ADJUSTMENT WHO HAVE THAT DELEGATED AUTHORITY. THE PROFESSIONAL STAFF IS THERE TO PRO PROVIDE SUPPORT FOR THOSE BOARDS, NOT DISPLACE THOSE BOARDS. OKAY. SO YOU'RE SAYING TO ME A MEMBER OF YOUR STAFF ERRONEOUSLY APPROVED IT CORRECT. AS A ROUTINE APPROVAL, WHICH OH, OKAY. YOU DON'T WANT US GET INTO THE DETAILS OF ALL THAT ERRONEOUSLY APPROVED IT. SO HAVE YOU REVOKED IT? IT WILL BE REVOKED, YES. WHEN DID YOU FIND OUT THAT THIS WAS ERRONEOUSLY ISSUED? FRIDAY. FRIDAY? YES SIR. OKAY. SO WHY WASN'T IT REVOKED FRIDAY OR TODAY? UH, WELL IT IS BEING DONE TODAY. FRIDAY. MY CHIEF PLANNER WAS OUTTA THE OFFICE SICK AND HE IS THE ONE WITH THE ABILITY TO DO DID HE FIND OUT WHAT HAPPENED? THAT'S WHAT MADE HIM SICK. . I DIDN'T, I DIDN'T TRIP HIM ON THAT MS. HAYDEN, BUT YESTERDAY I DID THAT. OKAY. ALRIGHT. I'M NOT TRYING TO MAKE LIGHT OF THIS 'CAUSE THIS IS WHAT GETS PEOPLE P OWED ABOUT GOVERNMENT. OKAY? SO, UM, LANDMARK COMMISSION IS NOT OUR JURISDICTION. LAND USE IS OUR JURISDICTION. SO I'M GONNA TRY TO REIGN IN MY DISCUSSED TO SAY, ALRIGHT, SO, UH, WHAT YOU'RE SAID TO US NOW TO ANSWER MR. KO'S QUESTION AND THE DISCUSSION THIS MORNING IS, IT WAS ERRONEOUSLY ISSUED AND HOW LONG AGO WAS IT ERRONEOUSLY ISSUED? A DAY, A WEEK, A MONTH OR, I DON'T KNOW IF THAT'S RELEVANT, BUT, UH, LOOKS LIKE HERE WE GO [02:05:01] THREE MONTHS AGO. OKAY. SO HOW DID YOU DISCOVER THAT IT WAS ISSUED ERRONEOUSLY? A STAFF MEMBER BROUGHT IT TO MY ATTENTION. OKAY. ALRIGHT. IN MR. HOLMES LETTER, INTERESTING ENOUGH, HE HAS A COPY OF THE ORDINANCE WHERE HE STATES THE 3.6 NO NEW FENCES ARE PERMITTED IN A NO BUILD ZONE EXCEPT TO MATCH EXISTING FENCE REPAIRS CONSIDERED ROUTINE MAINTENANCE. SO I MEAN, HE, HE INCLUDED THAT IN HIS LETTER IN THE PART OF OURS FIELD. SO IT MATCHES LITTLE WORDING YOU GAVE US THIS MORNING. OKAY. QUESTIONS FOR MR. BROWN. NOW, BOARD ATTORNEY, UH, YOU SAID TO US THIS MORNING THAT THE BOARD CAN, THE, AN APPLICANT CAN COME TO THE BOARD FIRST OR THE LANDMARK COMMISSION FIRST. THAT'S THE, THERE'S NO PRESCRIBED WAY ONE WAY OR THE OTHER. IS THAT CORRECT? THAT IS CORRECT. SO THE BOARD TODAY CAN APPROVE, DENY, OR HOLD OVER THIS REQUEST? YES. OKAY. AND AGAIN, OUR CRITERIA GOES BACK TO, AND IT'S A SPECIAL EXCEPTION, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. THAT'S OUR CRITERIA. THAT'S ALL IT IS. CORRECT? THAT'S IT, YES. OKAY. I'M JUST SAYING THAT BACK TO THE BOARD BECAUSE WE'RE SUPPOSED TO, WE, YOU KNOW, THIS IS A HEARING. WE GET EVIDENCE NOW. WE'VE HEARD EVIDENCE OF WHAT HAS OR HAS NOT HAPPENED. AND SO, UH, THE APPLICANT IS DUE A REBUTTAL, SO WE'RE NOT TAKING ACTION YET. AND WE CAN ASK QUESTIONS OF THE APPLICANT AS WELL, OR THE OPPOSITION. MS. DAVIS, YOU HAVE A QUESTION? SURE. UM, SO OUR CRITERIA IS WHETHER OR NOT IT'S IN THE PUBLIC INTEREST. YEAH. THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. OKAY. SO IT'S NOT ABOUT INTEREST, IT'S ABOUT NEIGHBORING PROPERTY. DOES, DOES OUR CRITERIA HAVE ANYTHING TO DO WITH THE ORDINANCE HERE? IT'S BOARD ATTORNEY, THE, UM, AND THE FENCE NEEDING TO, OR, OR, OR ANY IMPROVEMENTS TO THE FENCE NEEDING TO COMPLY WITH THE EXISTING DESIGN? DO WE NEED TO TAKE THAT INTO CONSIDERATION OR IS THAT THE OTHER BOARD, OTHER BOARD? THAT WILL BE THEIR CRITERIA. THAT IS THE OTHER BOARD'S CRITERIA. YOUR CRITERIA IS WHETHER OR NOT HAVING THIS EIGHT FOOT SIX INCH HIGH FENCE WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY. THEY WOULD ALSO HAVE TO GO BEFORE THE LANDMARK COMMISSION TO GET A FENCE APPROVED IN THIS LOCATION. AND IF THEY DO, THEN THEY CAN BE EIGHT FOOT SIX AND SHY. ALL RIGHT. SO I HAVE FURTHER QUESTIONS AND MAY GO BACK TO THE APPLICANT OR STAFF, BUT I'M GONNA, I I'M GOING TO LET THE APPLICANT, UH, HAVE A CHANCE, REBUTTAL, OR ARE THERE ANY OTHER QUESTIONS FOR MR. BROWN IN HIS ROLE AS HEAD OF THE CONSERVATION DISTRICT AND, UH, SORT YOU HAVE, YOU DO BOTH, RIGHT? YOU BOTH FEED UP TO THE LANDMARK COMMISSION. OKAY, MS. HAYDEN. SO, UM, THE, I THINK THE APPLICANT MENTIONED THE CERTIFICATE OF APPROPRIATENESS. IS THAT SOMETHING THAT'S GRANTED BY THE CITY, JUST THE PERMITTING DEPARTMENT OR IS THAT SOMETHING SPECIFIC TO THE LANDMARK COMMISSION? CERTIFICATES OF APPROPRIATENESS ARE ONLY ISSUED FOR DESIGNATED HISTORIC PROPERTIES, THE CITY. SO BOTH CAN ISSUE CERTIFICATES OF APPROPRIATENESS. WOW, THAT'S DANGEROUS. WELL, THAT'S WHY THERE ARE DEFINED THINGS THAT CAN BE REVIEWED BY STAFF AS ROUTINE, ONE OF WHICH IS NOT SOMETHING THAT CHANGES THE LOCATION, DIMENSION, SIZE, APPEARANCE MATERIAL, ANYTHING LIKE THAT. STAFF CANNOT APPROVE THAT. HENCE WHY THIS SHOULD NOT HAVE BEEN APPROVED BY A STAFF PERSON. SO BECAUSE IT'S IN AN ORDINANCE 3.6, THE ONLY WAY IT WOULD BE, I WOULD ASSUME SOMEWHERE IN THIS ORDINANCE IT GIVES AUTHORITY TO MODIFY TO THE LANDMARK COMMISSION OR TO STAFF OR SOMEONE. ANY, ANY CHANGE TO WHAT'S THERE WOULD REQUIRE LANDMARK COMMISSION APPROVAL AS LONG AS THAT'S EXPLICITLY STATED, JUST LIKE WITH THE BOARD OF ADJUSTMENT, IT IT, IN A PD OR BASE ZONING, IT WOULD SAY YOU CAN GO TO THE BOARD OF ADJUSTMENT FOR THIS EXCEPTION. SAME THING HERE. 'CAUSE I DON'T HAVE THAT FULL PORTION OF THE ORDINANCE, BUT I BUT YOU'RE SAYING THAT IT'S WITHIN THE SPECIFIC JURISDICTION OF THE LANDMARK COMMISSION, CORRECT. FOR CHANGING 3.6 A? CORRECT. OKAY. I'M GONNA COME BACK TO YOU, MR. ONE, HAYDEN. ONE SEC. OKAY. WE'RE JUST TRYING TO, AGAIN, MAKE SURE WE UNDERSTAND CLEARLY [02:10:01] WHO HAS THE AUTHORITY TO DO WHAT, MS. HAYDEN AND MR. OVITZ, THIS IS FOR THE APPLICANT. YOU HAVE A QUESTION FOR THE APPLICANT. SO WHEN, WHEN YOU APPLIED FOR THIS PERMIT FOR THE FENCE, WERE YOU AWARE OF THE REQUIREMENTS ON YOUR PROPERTY THAT YOU OWN, THAT IT CANNOT BE RECONSTRUCTED IN A DIFFERENT MANNER THAN WHAT'S EXISTING? YES MA'AM. I READ THE WHOLE THING AND UNDERSTAND EVERY WORD OF IT. THE, THE WAY IT WORKS AND I'M, I'M PERPLEXED WHY MR. BROWN BOUND IS CONFUSING THE BOARD. ON FRIDAY, I GET A CALL FROM THE HISTORIC BOARD, RHONDA DUNN, WHO APPROVED MY CERTIFICATE OF APPROPRIATENESS ON NOVEMBER THE FIFTH, HER EMAIL, OUR OFFICE HAS FINISHED PROCESSING YOUR REQUEST. THE NEXT STEP IS GETTING THE RESIGNATION PERMITTING FOR YOUR FENCE PERMIT. SHE HAS THE AUTHORITY TO APPROVE THIS. SHE EMAILED ME THAT YOUR REQUEST HAS BEEN DONE. IT'S FINISHED, YOU GET THE PERMIT, NOW YOU GO ON, DO YOUR NEXT STEP. THIS IS NOT THE FIRST TIME I'M DOING THIS ON 66 25 GASTON AVENUE, WHICH IS PART OF THE HISTORIC LANDMARK. WE HAVE DONE THAT BEFORE. THE STAFF ISSUES THE CA NOW I UNDERSTAND MR. BROWN. SO FRIDAY WHEN I GOT A CALL, SHE SAID THAT WE HAVE GOTTEN CALLS SO FROM BIG PEOPLE AND MY SUPERVISOR'S SUPERVISOR IS INVOLVED AND THERE'S NOTHING I CAN DO ABOUT IT. AND I WAS LIKE, WHO CALLED YOU? AND SHE MENTIONS AS MR. BROWN JUST MENTIONED TODAY IN FRONT OF MARCOS, THAT YOU ARE USING STUCCO TO BUILD A FENCE. WE ARE NOT, WE ARE NOT CHANGING ANYTHING. WE ARE NOT CHANGING ANY MATERIAL. THE EXACT SAME FENCE THAT WE SUBMITTED THE PLANS FOR, THAT'LL BE BUILT WITH STONE. EVERY INCH OF IT IS WHAT WE ARE GOING TO GO BY. WE ARE NOT CHANGING ANYTHING. SO I'M NOT SURE, AS RHONDA DUNN MENTIONED THAT WE GOTTEN PLANS THIS MORNING THAT SHOW THAT YOU'LL BE BUILDING A STUCCO FENCE. WHO SENT THOSE PLANS? WHERE DID THE PLANS COME FROM? WHO IS TALKING ABOUT WE ARE NOT CHANGING ANYTHING? AND SHE ALSO MENTIONED YOU'RE GONNA BUILD A 10 FOOT FENCE OF STUCCO. I'M NOT, I'M GONNA DO EXACTLY THE PLANS THAT I SUBMITTED THAT ARE COLUMNS AND ROCK IRON, WHICH IS CONSISTENT WITH THE CHARACTER OF THE STREET THAT EVERYBODY HAS. THEN WE ASK MR. BROWN, HAS THERE EVER BEEN, EVER BEEN IN HISTORY OF HISTORIC PRESERVATION GUYS COMING ON THE DAY OF THE HEARING AND SAYING THAT WE BROKE THE CA HE SAID, NO, NEVER BEEN DONE BEFORE. OKAY, WELL HOLD ON, HOLD ON A SECOND. I AM GONNA GIVE YOU FIVE MINUTES FOR REBUTTAL. I I SHOULD HAVE CUT YOU OFF SOONER, I APOLOGIZE. UM, RIGHT NOW YOU'RE ONLY, YOU'RE ONLY TO HAVE ANSWERED THE QUESTION THAT A INDIVIDUAL BOARD MEMBER ASKED, NOT GOING FURTHER. SO YOU CAN REGROUP YOUR THOUGHTS FOR A SECOND AND YOU CAN SAY WHATEVER YOU WANT IN YOUR FIVE MINUTE REBUTTAL. SO DID HE ANSWER YOUR QUESTION SUFFICIENTLY? DO YOU HAVE ANYTHING ELSE ON YOUR QUESTION? YES. SO YOU WERE AWARE OF THE REQUIREMENTS OF THE LANDMARK COMMISSION FOR OF COURSE, YES. OKAY. THANK. OKAY. ANY OTHER MR. HAITZ QUESTIONS, UH, FOR MR. BROWN OR ARE WE GOING TO THE APPLICANT? UH, WELL ACTUALLY MY QUESTIONS FOR THE BOARD ATTORNEY. OKAY. UM, AND FOR YOU, MR. CHAIRMAN, OUR REQUIREMENTS DEAL WITH, UH, IMPACTS ON NEIGHBORING PROBLEMS. CORRECT? UM, SO TO MY UNDERSTANDING, THERE ARE NO NEIGHBORING PROPERTIES THAT HAVE LANDMARK DESIGNATIONS OR NOT. THERE ARE NOT ANY OTHER, NONE OF THE NEIGHBORING PROPERTIES? NOT THAT WE KNOW OF. NOT THAT IT'S NOT THAT WE KNOW OF INTRODUCED INTO EVIDENCE, NOT THAT WE KNOW OF. UM, WOULD IT, WOULD IT BE REASONABLE TO CONSIDER THAT THE IMPACT ON NEIGHBORING PROPERTIES WOULD BE AN IMPACT ON SIMILAR LILY CHARACTERIZED PROPERTIES? WOULD THAT BE AN IMPROPER THAT'S WITHIN THE JUDGMENT AND THE DECISION MAKING OF THE BOARD TO DETERMINE, BECAUSE IT'S, OUR CRITERIA IS THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. IT DOESN'T QUALIFY FURTHER THAT IT JUST SAYS THAT. SO THAT'S, WE DETERMINE SO WHAT A NEIGHBORING PROPERTY IS, DETERMINE WHAT YEAH. WE DETERMINE HOW IT AFFECTS THE NEIGHBORING PROPERTY IN WHAT COLOR, SIZE, SHAPE, WHATEVER. OKAY. MS. DAVIS, I JUST WANNA CLARIFY THAT THAT IS OUR CHARGE. IT'S NOT WHETHER OR NOT THIS FENCE WILL BE BUILT TO LOOK LIKE THE EXISTING FENCE. IS THAT SOMETHING WE SHOULD UM, IT CAN BE. OKAY. IT CAN BE ABSOLUTELY BECAUSE WE PASS JUDGMENT ON, UM, ON A PROPOSAL. AND THE REASON WHY IT CAN BE IS PART OF WHAT THEY SUBMIT IS LOCATION AND [02:15:01] CHARACTERISTICS OF THE HEIGHT AND THE TYPE OF FENCE. AND WE USE THAT AS PART OF THE DECISION MAKING PROCESS ABOUT WHETHER OR NOT WILL AFFECT NEIGHBORING PROPERTIES. THE HEIGHT MM-HMM . THE OPACITY. MM-HMM. THE CHARACTER OF IT, THE COLOR. UM, AND IT'S A HARD THING THAT WE'RE PUTTING OURSELVES IN JUDGMENT OF YOUR NEIGHBORHOOD, BUT THAT'S WHAT THE CODE SAYS. AND SO, ALRIGHT. SO DID THAT ANSWER YOUR QUESTION? IT DID. I THINK SO. IT'S A BROADER THING THAN I THINK WHAT YOU ORIGINALLY HEADED TOWARDS. IT. IT'S, IT'S BROADER BUT I I MEAN THERE, THERE'S, THERE'S DIFFERENT CRITERIA FOR THE HISTORIC BOARD THAN THERE IS FOR OUR BOARD. UH, I WOULD AGREE. ALTHOUGH WE COULD INTERPOSE IF WE WANTED TO WITH THE PICTURES WE SAW THAT WAS A WOODEN FENCE, A FOUR FOOT WOODEN FENCE TO COMPARED TO A METAL EIGHT AND A HALF FOOT FENCE AND SAY, HMM, IS THAT CHANGE GONNA ADVERSELY AFFECT NEIGHBORING PROPERTIES? AND THEN WE MAKE A JUDGMENT AND, AND MAKE A DECISION OKAY. BASED ON THE EVIDENCE WE'RE GIVEN. OKAY. ANY OTHER QUESTIONS FOR MR. BROWN? OKAY. UH, MS. BOARD ATTORNEY, WHAT THE LANDMARK COMMISSION DOES, DOES NOT INFLUENCE OUR DECISION. CORRECT. WHAT WE DECIDE DOES NOT INFLUENCE LANDMARK COMMISSION, CORRECT? THAT IS CORRECT. OKAY. SO, RIGHT. OKAY. YEAH. OKAY. I ASKED THE BOARD ATTORNEY ATTORNEY TO REVERIFY THE DECISION MAKING PROCESS ON THE LANDMARK COMMISSION, JUST SO SINCE THAT CAME UP WITH SOME CONFUSION. SO SHE'S READING FROM THE CODE. WELL, FIRST I WANNA BACK UP IN, IN SECTION 51 A DASH 4.501, WHICH IS OUR HISTORIC OVERLAY DISTRICT REGULATIONS. IT SAYS A PERSON SHALL NOT ALTER A SITE WITHIN A HISTORIC OVERLAY DISTRICT, UM, WITHOUT FIRST OBTAINING A CERTIFICATE OF APPROPRIATENESS IN ACCORDANCE WITH THE REGULATION AND PRESERVATION CRITERIA OF THAT HISTORIC OVERLAY DISTRICT ORDINANCE. AND SO, UM, IF THE, IF THE DIRECTOR DETERMINES THAT THE, A APPLICANT IS SEEKING A CERTIFICATE OF APPROPRIATENESS TO AUTHORIZE ONLY ROUTINE MAINTENANCE WORK, HE MAY REVIEW THE APPLICATION AND DETERMINE WHETHER THAT PROPOSED WORK COMPLIES WITH THE REGULATIONS AND CAN APPROVE OR DENY. THAT MEANS STAFF. STAFF WHEN SHE SAYS THE DIRECTOR'S DE EMILY LOU, WHICH DELEGATES DOWN TO TREVOR BROWN DOWN TO ONE OF HIS PEOPLE. CORRECT. BECAUSE WHEN IT SAYS THE DIRECTOR, IT'S STAFF DIRECTOR OF THE DIRECTOR DESIGNEE, WHICH WOULD BE A MEMBER OF STAFF. CORRECT. OKAY. SO IF THE DIRECTOR, UM, DETERMINES THAT THE, UH, CERTIFICATE APPROPRIATENESS TO AUTHORIZE WORK IS NOT ROUTINE MAINTENANCE, THEN THEY HAVE TO IMMEDIATELY FOR THE APPLICATION TO THE LANDMARK COMMISSION FOR REVIEW AND THE LANDMARK COMMISSION WILL APPROVE OR DENY THE CERTIFICATE OF GRIEVANCE. IT DOESN'T SAY WHICH HAPPENS FIRST, OURS OR THEIRS BECAUSE OURS ISSUE BEING TRIGGERED BECAUSE OF THE HEIGHT. IF THEY DID IT FOUR FEET, THIS WOULDN'T EVEN BE RELEVANT HERE. CORRECT? CORRECT. GUYS GET THAT. IT'S JUST FOUR FEET WOULDN'T BE RELEVANT, BUT THE REQUEST IS EIGHT AND A HALF. NOW IT BECOMES OURS. OKAY. SO ANY OTHER QUESTIONS FOR MR. BROWN AT THIS TIME? THANK YOU SIR. YOU HAVE FIVE MINUTES OF UNINTERRUPTED, UNINTERRUPTED REBUTTAL TIME. BEGIN, SINCE IT'S NOT PART OF CA IS NOT PART OF THIS BOARD. I'M NOT GOING TO GO INTO ANYTHING FURTHER INTO CERTIFICATE OF APPROPRIATENESS AND FOCUS ON THE HEIGHT AND HOW IT AFFECTS THE STRAIGHT LANE, THE NEIGHBORS. SO I'M GONNA FOCUS STRICTLY ON WHAT'S CONCERNED TO THIS BALL. UH, FIRST THING, THE FENCE HAS TWO PARTS. SO ONE IS IRON AND ONE IS WOODEN. SO IT'S LIKE TWO DIFFERENT FENCES, BUT THERE WERE TWO DIFFERENT HOUSES AND THEN BECAME ONE HOUSE. SO THEY'RE ALREADY EXISTING, TWO DIFFERENT MATERIALS, TWO DIFFERENT FENCES THAT DON'T CORRELATE WITH EACH OTHER. TO FOCUS ON THE, IF IT'LL AFFECT MY NEIGHBORS OR THE BROADER STRAIGHT LANE, THERE ARE HOUSES ON STRAIGHT LANE WITH FENCES OVER 20 FEET, I SHOULD SAY HEDGES OVER 20 FEET. BUT COLUMNS OVER 15 FEET, THREE HOUSES I WENT MEASURED, MADE SURE THAT MY INFORMATION IS CORRECT WHEN I'M COMING HERE. SO MY FENCE IS WITHIN THE CHARACTER OF THE STREET. BROUGHT IRON FENCE WITH STONE COLUMNS LIKE ACROSS THE STREET, SAME THING, FENCE WITH STONE COLUMNS, FOUR HOUSES DOWN, SAME THING. FENCE WITH STONE COLUMNS, HOUSE AFTER ANOTHER. SO THIS IS WITHIN THE CHARACTER OF THE STREET. THERE IS NO, NOTHING OUT OF ORDINARY THAT I'M DOING HERE. ONLY THING WE APPLIED FOR WAS THE, IS RIGHT NOW FOUR FEET AND WE WANTED TO GO EIGHT. THANK YOU. THANK YOU SIR. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? [02:20:02] DO WE HAVE ANYONE SPEAKING IN OPPOSITION, WAYNE? UM, NO, NO, THOSE SPEAKERS EXCEPT . I THOUGHT THERE WAS TWO IN ONE. NO, NO. MR. HOLMES. OKAY. OH, HE ALREADY SPOKE. I APOLOGIZE. I APOLOGIZE. OKAY. QUESTIONS FOR THE APPLICANT OR, UH, MR. HOLMES OR MR. MR. BROWN? MR. HAITZ, MY QUESTIONS FOR THE APPLICANT. ARE YOU AGREEABLE TO A 30 DAY DELAY TO OUR NEXT MONTH MEETING UNTIL YOUR ISSUES WITH THE, UH, LANDMARK COMMISSION ARE WORKED OUT? NO, I'M NOT. I WOULD LIKE THIS BOARD TO MAKE THE DETERMINATION BASED ON, AS MR. CHAIRMAN SAID, BASIS OF DOES THIS FENCE AFFECT MY NEIGHBORS OR THE STREET KEEPING THAT MIND. AND I LOVE HOW MR. CHAIRMAN HAS EMPHASIZED ON THE FACT, I MEAN, I'M A CEO OF MULTINATIONAL COMPANY, SO I LOVE HOW HE HAS HANDLED THIS MEETING. LET'S KEEP THE EYE ON THE BALL. LET'S KEEP THE EYE ON THE BALL. THAT'S MY, YOU MAY NOT, MAY NOT LIKE IT AFTER I VOTE, BUT THAT'S ALRIGHT. IT'S OKAY. IT'S, IT'S OKAY. I STILL, I, YOU KNOW WHAT, YOU GUYS BE FAIR. AND I SEE THERE'S UNDUE POLITICAL INFLUENCE ON THIS SIDE. 'CAUSE ONE OF THEM MEMBERS SAID THAT ON HISTORICAL, ON THE PHONE AND UNDERSTAND WHEN YOU GO AGAINST JOHN MCREYNOLDS THINGS GOING ON. GARY, THERE'S NO POLITICAL INFLUENCE. NO ONE ON THIS. I CAN SEE IT. I CAN SEE NO ONE ON THIS BOARD HAS TALKED TO ANYONE REGARDING ANYTHING ON THIS CASE WHATSOEVER. SO, SO THE DON'T GO DEFER THAT. KEEPING, KEEPING THE EYE ON THE BALL. DOES MY REQUEST FOR THE FENCE AFFECT MY NEIGHBORS ACROSS THE STREET TO THE RIGHT AND ANYBODY WHO HAS OPPOSED OR SIGNED A LETTER IN FAVOR, EVERY SINGLE ONE OF 'EM HAVE FENCE. THAT EXCEPTION, THAT'S THE, YOU KNOW, I'M A, I'M NEW IN THE NEIGHBORHOOD. I'M THE FIRST ONE COMING IN. I BOUGHT THE HOUSE. I DIDN'T UNDERSTAND ALL THE POLITICS OF IT. I THOUGHT IT WOULD BE A VERY STRAIGHTFORWARD THING. EVERYBODY ELSE HAS FENCE AND COLUMNS. THANK YOU. THANK YOU VERY MUCH. ANY OTHER QUESTIONS FOR THE APPLICANT OR ANYONE ON THE OTHER SIDE? IF NOT, THE CHAIR WOULD ENTERTAIN A MOTION. OKAY, MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 4 0 8 8 8 ON APPLICATION OF SADAR SHARIF GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT SIX INCH 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 THE 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 IN THE CASE OF BO 8 2 5 0 0 0 0 8 8, UH, A MOTION BY MS. DAVIS WAS MADE TO GRANT THE REQUEST FOR A EIGHT FOOT SIX INCH HIGH FENCE. IS THERE A SECOND? I'LL SECOND. IT'S BEEN SECONDED BY MS. HAYDEN DISCUSSION ON THE MOTION. I'M SUPPORTING THIS MOTION BECAUSE I THINK IT'S VERY CLEAR THAT THIS IS NOT GOING TO ADVERSELY AFFECT NEIGHBORING PROPERTY. I THINK IT WILL HELP NEIGHBORING PROPERTY BECAUSE AS THE APPLICANT SAID CURRENTLY HAS TWO FENCES, THE APPLICANT ALSO, UM, DID A LOT OF WORK TO GARNER NEIGHBORHOOD SUPPORT. AND WHEN I READ THE OPPOSITION LETTERS OF THE TWO NEIGHBORS, ONE OF WHICH HAS, UM, SHRUBS, I THINK THAT, THAT LOOK LIKE THEY'RE 15 FEET HIGH OR HIGHER. UM, THEIR CONCERN IS, IS THAT THAT HISTORIC RULE, WHICH IS NOT SOMETHING THAT WE NEED TO TAKE INTO CONSIDERATION, THAT'S REALLY FOR THE LANDMARK COMMISSION TO CONSIDER. SO IF OUR CRITERIA IS WHETHER OR NOT IT'S GOING TO AFFECT NEIGHBORING PROPERTY, I DO NOT BELIEVE THAT IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY, WHICH IS WHY I'M SUPPORTING THIS MOTION. THANK YOU, MS. DAVIS. MS. HAYDEN. UM, I HAVE THE SAME OPINION AS MS. DAVIS, AND I DON'T BELIEVE IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. AND I BELIEVE THAT THE LANDMARK DESIGNATION AS A COMPLETELY SEPARATE ISSUE THAT IS NOT UNDER THE PURVIEW OF THIS COMMISSION. THANK YOU MS. HAYDEN. OTHER DISCUSSION ON THE MOTION? MR. VEZ? UM, I WILL NOT BE SUPPORTING THE MOTION, MY, MY VIEW OF, OF THE CONSIDERATION OF NEIGHBORING PROPERTIES OR NEIGHBORING PROPERTIES TO WHICH THE SAME, UH, GENERAL RULE APPLY. AND I THINK THERE'S ADDITIONAL CIRCUMSTANCES INVOLVING THIS PROPERTY, UH, THAT MAKE IT DIFFERENT THAN THE HOUSE NEXT DOOR. UH, AND SO, UM, I WILL NOT BE SUPPORTING THIS. I WOULD SUPPORT A MOTION TO DELAY IT AND LET THE OTHER MATTER WORK ITSELF OUT, BUT I WILL WON'T SUPPORT APPROVAL. THANK YOU MR. [02:25:01] KOVICH. OTHER DISCUSSION ON THE MOTION? YOU COULD, UH, WE'RE OPEN TO ANY DISCUSSION. I I HAVE A QUESTION FOR MR. KOVICH. IF, IF YOU COULD JUST 1, 1 1 COMMENT HERE JUST FOR THE PUBLIC. YEAH. UH, WE DON'T DEBATE IN, IN THE, IN THE BACK ROOM ACROSS THE HALL OR WE DEBATE IN PUBLIC, EVERYTHING WE SAY IS ON THE RECORD. IT'S PART OF THE PERMANENT RECORD. SO WHAT YOU'RE NOW GOING TO HEAR IS THE DELIBERATION ON THE CASE THAT'S IN FRONT OF US LIVE. UM, SO ANYWAY. YEAH. COULD, COULD YOU, I I'D LOVE TO GET SPECIFICS FROM YOU WHY YOU, WHY YOU DO THINK IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY WHEN THE PROPOSED FENCE IS CONSISTENT WITH OTHER FENCES IN THE NEIGHBORHOOD AND THE CURRENT FENCE IS REALLY TWO FENCES SORT OF STUCK TOGETHER AND THAT WOODEN FENCE, I DIDN'T SEE ANY OTHER FENCE LIKE THAT IN THE NEIGHBORHOOD. SO I'D LIKE LOVE SPECIFICS, PLEASE. WELL, THE ONLY SPECIFIC I CAN GIVE YOU IS AS APPLIES TO THAT PROPERTY. THAT IS THE FENCE THAT IS THERE, THAT IS THE FENCE THE CITY HAS ALLOWED. THAT IS THE FENCE THAT FALLS UNDER THE LANDMARK DESIGNATION. UM, AND REQUIRES APPROVAL BY THE LANDMARK COMMISSION FOR ANYTHING ELSE TO BE PUT THERE UNLESS IT'S SIMPLY REPLACING OR, UH, WITH THE SAME THING, UH, WHICH WOULD BE PERMITTABLE UNDER A, AN APPROVAL GRANTED BY THE STAFF OF THAT COMMISSION. UH, THIS IS NOT APPROV APPROVABLE UNDER THAT. AND SO, UH, I I DON'T THINK IT'S APPROPRIATE FOR US TO BE ADVERSARIAL WITH ANOTHER PART OF THE CITY. I THINK THIS IS DIFFERENT THAN THE PROPERTIES NEXT DOOR, I THINK BECAUSE IT HAS THE LANDMARK DESIGNATION. SO, UH, UH, I DON'T, I DON'T THINK IT'S A COMPARABLE THING. I I DON'T HAVE A, I MEAN, I'VE NOT SEEN ANYTHING LIKE THIS BEFORE. I'VE NEVER DEALT WITH A LANDMARK DESIGNATION PROPERTY. UM, UH, SO I, I CAN'T SAY, WELL, WHAT ABOUT THIS? OR I, I, I'M FAMILIAR WITH THAT CASE OR THIS CASE OR THAT PROPERTY, THIS PROPERTY. I'VE NEVER DEALT WITH ONE OF THESE BEFORE. UH, WHAT I, WHAT I CAN SAY IS I THINK THAT MAKES IT DIFFERENT THAN THE HOUSE NEXT DOOR. SO WHEN YOU CONSIDER WHAT DOES NEIGHBORING PROPERTIES MEAN, YOU CAN CERTAINLY EASILY INTERPRET IT TO MEAN THE NEIGHBOR, BUT IT CAN ALSO BE INTERPRETED TO MEAN, UH, HOMES IN THE VICINITY THAT ARE UNDER THE SAME SET OF RULES AND A LANDMARK DESIGNATED PROPERTY. IT'S NOT UNDER, IT'S UNDER THE SAME ZONING THAT WE DEAL WITH, BUT IT'S NOT UNDER THE SAME SET OF RULES ON A BROADER BASIS OF THE CITY. SO I HAVE A HARD TIME APPROVING THAT. I WAS GONNA MAKE A COMMENT. OKAY. UM, WE WERE ADVISED BY OUR BOARD ATTORNEY THAT IT DOESN'T ONE VERSUS THE OTHER. IT, THERE'S NO PRESCRIBED METHOD THAT IT GOES TO THE LANDMARK COMMITTEE COMMISSION OR THE BOARD OF ADJUSTMENT. IT COULD BE ONE OR THE OTHER. UM, BUT I'M IN AGREEMENT WITH MR. KOVICH. I REALLY THINK IT'S MORE APPROPRIATE FOR THE LANDMARK COMMISSION TO DEAL WITH THIS ISSUE FIRST. AND THIS IS JUST PREROGATIVE. THAT DOESN'T MEAN IT'S LAW OR PROCESS AND LET THEM DECIDE IT. BECAUSE I THINK THAT THAT'S THE BIG CASE HERE. THE CASE IS NOT GONNA BE THE HEIGHT, THE CASE IS GONNA BE THE COMPOSITION OF THE FENCE. THAT'S WHAT THIS IS REALLY COMING DOWN TO. UM, THE PICTURES WE SAW HERE, GOSH, THE PROPERTY TO THE NORTH HAS GOTTA BE 15, 20 FEET OF VEGETATION AND WHO KNOWS WHAT THE FENCE IS. WE SAW A PICTURE THIS MORNING IN THE, IN THE DRIVE BY, AND THE, THE FENCE DEAL HAD TO BE 15 OR 20 FEET AT THE ENTRYWAY. WHO KNOWS WHETHER THEY HAVE PERMITTING FOR THAT OR NOT. WE'RE NOT TALKING ABOUT THAT. IT'S CLEAR THAT FENCES ARE PREVALENT ON STRAIGHT LANE. IT'S CLEAR THAT IT'S GENERALLY OPEN FENCES. IT'S LESS THAN 50% OPAQUE. UM, AND I DON'T KNOW WHETHER THEY'RE SIX FEET OR EIGHT FEET ALONG STRAIGHT LANE. THEY'RE A COMBINATION. UM, SO I, I THINK THE HEIGHT FOR ME, THE HEIGHT'S NOT GONNA REALLY BE AN ISSUE, BUT THE REAL ISSUE COMES DOWN TO WHETHER THE LANDMARK COMMISSION, GIVEN THAT THIS HAS LANDMARK COMMISSION DESIGNATION AND THE PROPERTY OWNER AUDIT KNOWING THE LANDMARK DESIGNATION WAS THERE. SO THAT'S KNOWLEDGE IN ADVANCE. SO I, I THINK MY RECOMMENDATION TO THE BOARD IS WE EITHER DENY WITHOUT PREJUDICE SO THE PERSON COMES BACK OR WE HOLD THIS OFF TWO MONTHS. 'CAUSE I'M BEING ADVISED BY MY BOARD ATTORNEY THAT IT'LL TAKE MORE THAN 30 DAYS. THAT CORRECT. FOR THE LANDMARK COMMISSION TO DEAL WITH THIS, WHATEVER. WELL, IF THEY'RE GOING TO REVOKE IT AND THEN HE WOULD HAVE, THE APPLICANT WOULD HAVE TO REAPPLY. AND I DON'T KNOW THE TIMELINE, I DON'T THINK LANDMARK COMMISSION CAN DO, IT'LL GO ONTO THEIR NEXT AGENDA. SO I WOULD SAY AT LEAST TWO MONTHS. BUT I, THAT WOULD BE A QUESTION FOR MR. BROWN. BUT, BUT AGAIN, I, I GUESS I'M, I THINK IT'S A HOLLOW APPROVAL FOR US TO PROVE SOMETHING WITHOUT THE COMPOSITION OF THE FENCE. [02:30:01] AND IT'S NOT REALLY WITHIN OUR PREROGATIVE TODAY, GIVEN THAT REALLY THE, THE HIGHER THRESHOLD IS THE LANDMARK COMMISSION, BE IT AS IT RELATES TO COMPOSITION, NOT THE HEIGHT, THE COMPOSITION. SO, UH, THAT'S MY OPINION AT THIS STAGE. OKAY. MS. DAVIS, THEN MR. HOP IS RESPECTFULLY, THIS IS GOING TO GO TO THE LANDMARK COMMISSION NEXT. YEP. SO WHY DOES THEIR RULING IMPACT OUR OPINION OF WHETHER OR NOT THIS IS GOING TO ADVERSELY AFFECT NEIGHBORING PROPERTIES? WHEN YOU EVEN JUST SAID THAT THE HEIGHT DOES NOT BOTHER YOU BECAUSE ALL OF THE OTHER FENCES ON THAT, THAT STREET ARE HIGH AND ALL OF THE OTHER FENCES ON THAT STREET HAVE THE SAME KIND OF LOOK COMPOSITION AS HIS PROPOSED FENCE. BECAUSE IF THE LANDMARK COM, IN MY OPINION, IF THE LANDMARK COMMISSION DOES NOT PRO AUTHORIZE THIS, IT PRECLUDES US HAVING JURISDICTION TO HANDLE THE CASE. THAT'S WHY. AND, AND, AND THAT, THAT'S MY OPINION. AND THEN, THEN WE'RE MAKING A DECI UH, A HOLLOW DECISION. AND I DON'T THINK THAT'S, YOU KNOW, I, I, SO THAT'S MY OPINION, BUT LET THEM LET THEM APPROVE IT OR NOT APPROVE IT. WHY? I MEAN, WE CAN MAKE OUR DECISION TODAY AND THEN IT'S UP TO THEM WHETHER OR NOT IT MEETS THAT CRITERIA. I DON'T THINK THEIR APPROVAL IS NECESSARILY A YES FOR US. THAT'S WHEN WE, I MEAN, WE HAVE DIFFERENT CRITERIA THAT WE'RE LOOKING AT, AT, WELL, WE ARE LOOKING AT BOTH COMPOSITION AND HEIGHT, COMPOSITION, COMPOSITION, HEIGHT, LOCATION, AND OPACITY IS WHAT WE'RE LOOKING AT. AND THE COMPOSITION OF THE FENCE IS WHAT'S RELEVANT TO, UM, NO NEW FENCES. EXCUSE ME. PLEASE DO NOT. THE, THE ORDINANCE SAYS NO NEW FENCES ARE PERMITTED IN THE NO BUILD ZONE EXCEPT TO MATCH EXISTING. NOW MATCH EXISTING PRE PRESUMABLY MEANS HEIGHT, COMPOSITION, LOCATE, I GUESS, I DON'T KNOW, I GUESS THAT'S UP TO THE LANDMARK COMMISSION TO INTERPRET THAT FENCE REPAIR IS CONSIDERED ROUTINE MAINTENANCE. SO I JUST AM, AS I PERCOLATED THROUGH THIS, AS MUCH AS I HEARD IT COULD, WE COULD GO EITHER WAY. I THINK IT REALLY REQUIRES THE, I I'M OF MR. HOPKIN'S OPINION, IT REALLY REQUIRES THEIR DECISION ON COMPOSITION PRIOR TO US TALKING ABOUT HEIGHTS. THAT'S JUST MY OPINION, MR. HOP. YEAH, I I'D LIKE TO, TO PUT MY FEELINGS IN, IN A DIFFERENT SET OF WORDS. SO I THINK THE PURPOSE OF THIS BOARD WHEN PEOPLE COME TO US IS TO PROVIDE CLARITY AND DIRECTION AND FINALITY AND WE CAN'T DO THAT. THAT'S WHY I'M IN FAVOR OF I HOLDING IT OVER AND NOT DENYING IT. BECAUSE FRANKLY, IF, IF THE LANDMARK COMMISSION SAYS WE DON'T HAVE A PROBLEM WITH IT, MY OPINION, UH, I HAVEN'T REALLY FORMED AN OPINION ABOUT IT, BUT, UH, 'CAUSE THERE'S HOUSES ON STRAIGHT LAND THAT DON'T HAVE A FENCE AND THERE'S HOUSES THAT HAVE A LARGE FENCE. AND, UM, BUT I THINK OUR ULTIMATE PURPOSE AS A BOARD HERE IS TO PROVIDE CLARITY AND FINALITY AND WE CANNOT DO EITHER OF THOSE TODAY TO THE PROPERTY OWNER. OTHER DISCUSSION ON THE MOTION? ONE SECOND. ANYONE? I'M, I'M LOOKING, I KNOW OTHER DISCUSSION ON THE MOTION. OKAY, MS. DAVIS, I, I JUST WANNA REITERATE, OUR PURPOSE IS TO MAKE A JUDGMENT ON WHETHER OR NOT THIS IS GOING TO ADVERSELY AFFECT NEIGHBORING PROPERTY. THAT IS OUR PURVIEW TODAY. IT IS NOT WHETHER OR NOT IT'S GONNA GET LANDMARK COMMISSION APPROVAL THAT IS UP TO THEM. BUT TODAY WE CAN DO OUR JOB AND VOTE ON THAT CRITERIA INSTEAD OF DELAYING IT, HAVE THEM COME BACK AGAIN AND HAVE US GO THROUGH THIS AGAIN. AGAIN, IT DOESN'T MATTER WHAT THE LA LANDMARK COMMISSION, THEY DO THEIR THING. WE DO OUR THING. IT IS ALL ABOUT WHETHER IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. AND THIS PROPOSED FENCE IS MORE CONSISTENT WITH EXISTING FENCES IN THE NEIGHBORHOOD. AND WE HAVE ALREADY SEEN THAT MOST OF THOSE FENCES ARE AT A, A HEIGHT OF EIGHT FEET OR HIGHER. SO WITH THIS BEING OUR CRITERIA, THIS IS OUR CRITERIA, NOT THAT THIS IS WHY WE ARE HERE. SO THE RIGHT THING TO DO IS TO ADDRESS THIS, IN MY OPINION. THANK YOU MS. DAVIS. OTHER DISCUSSIONS IN THE MOTION? MR. DORN, FOR THE BOARD ATTORNEY, COULD YOU REREAD THAT FIRST SENTENCE OF THAT CODE YOU READ? YES. IT THOUGHTS IT ADDRESS THE ORDER OF HOW THINGS SHOULD PURSUE WITH THAT SENTENCE? YES. SO THE QUESTION IS WHETHER IT DID IT EXPLICITLY OR IMPLICITLY. IT JUST SAYS A PERSON SHALL NOT ALTER A SITE WITHIN A HISTORIC OVERLAY DISTRICT OR ALTER A PLACE CONSTRUCT, MAINTAIN OR EXPAND ANY STRUCTURE ON THE SITE WITHOUT FIRST OBTAINING A CERTIFICATE OF APPROPRIATENESS IN ACCORDANCE WITH THIS SUBSECTION AND THE REGULATIONS AND PRESERVATION CRITERIA CONTAINED. AND IN THIS, IN THE HISTORIC OVERLAY DISTRICT ORDINANCE, [02:35:03] MR. DORN, DID THAT ANSWER YOUR QUESTION? HOW DID IT ANSWER YOUR QUESTION? SO YOU'RE SAYING THAT THEY HAVE TO HAVE AN APPROVED CERTIFICATE OF APPRECIATION BEFORE THEY CAN EVEN COME BEFORE US? NO, I THINK IT'S SAYING THAT. SO JUST BECAUSE IN HIS SITUATION, HE HAS COME BEFORE THE BOARD FOR THE HEIGHT OR WHATEVER, ANOTHER SITUATION. THEY MAY NOT HAVE TO COME BEFORE THE BOARD, BUT THEY MUST OBTAIN THE CA FIRST BEFORE THEY DO ANY ALTERATIONS TO WHATEVER THE HISTORIC RIGHT. THEY'RE STILL GONNA HAVE TO GET APPROVAL FROM BOTH BOARDS. YOU CAN'T DO ANYTHING TO YOUR PROPERTY IN HISTORIC DISTRICT UNLESS YOU GO BEFORE THE LANDMARK COMMISSION. AND IN THIS INSTANCE, THEY ALSO WANNA HAVE A HIGHER FENCE IN WHICH THEY WOULD NEED APPROVAL FROM THIS BOARD AS WELL. SO THEY WOULD NEED APPROVAL FROM BOTH BOARDS TO DO ANYTHING ON THEIR PROPERTY. FOR THIS CASE, FOR THIS HIGH BIDS. CORRECT? GO AHEAD, MS. DAVIS, WHICH IS WHAT WE KNEW. I MEAN, THAT DOESN'T CHANGE ANYTHING. IT DOES CHANGE SOMETHING. NO, UH, YEAH. SO IT DOESN'T CHANGE ANYTHING. THEY, IT DOESN'T SAY THEY HAVE TO GO TO ONE BOARD BEFORE THE OTHER, CORRECT? THAT IS CORRECT. THEN I AGAIN, BELIEVE THAT WE SHOULD BE VOTING ON WHAT IS IN FRONT OF US AND THE CRITERIA THAT IS IN FRONT OF US TODAY, BECAUSE THAT IS WHAT WE'RE GOING TO BE VOTING ON AGAIN IN A COUPLE OF MONTHS, WHETHER OR NOT THEY GO SEE THE LANDMARK COMMISSION FIRST DISCUSSION. AND THE MOTION, THE MOTION ON THE FLOOR IS TO GRANT THE REQUEST FOR EIGHT FOOT SIX INCH, UH, SPECIAL EXCEPTION HEIGHT. DISCUSSION OF THE MOTION. HEARING NONE. THE BOARD SECRETARY WILL CALL THE VOTE. MS. HAYDEN AYE. MS. DAVIS? AYE. MR. DORN AYE. MR. HOCK NAY, MR. CHAIRMAN, NO NAY NATION TO GRANT FAILS. SO, UH, PER, PER OUR RULES OF PROCEDURE, UH, THE MOTION ON THE FLOOR, UM, FAILED THREE TO TWO TO GRANT REQUIRES FOUR AFFIRMATIVE VOTES TO APPROVE. UM, SO, UH, THE CHAIR WOULD ENTERTAIN A MOTION IF WE DON'T PASS ANOTHER MOTION OF SOME SORT. IT BECOMES A DENY A AUTOMATICALLY BECOMES A DENIAL WITH PREJUDICE. MR. HOPKINS, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A TWO FIVE DASH 0 0 0 8 8 HOLD THIS MATTER UNDER ADVISEMENT UNTIL WHATEVER DATE OUR APRIL MEETING IS UNTIL APRIL 14TH, 2026 IN THE MATTER B BO A 2 5 0 0 0 0 8 8, UH, MR. HAITZ HAS MOVED TO HOLD THIS MI ITEM UNDER ADVISEMENT UNTIL APRIL 14TH, 2026. IS THERE A SECOND? I SECOND THE MOTION. DISCUSSION OF THE MOTION MR. HAITZ? UM, THE APPLICANT DE DENIED MY RECOMMENDATION OF DOING THIS, BUT I'M STILL GOING TO MAKE THE MOTION, UH, TO ALLOW THE OTHER PROCESS TO COME TO A CONCLUSION. UM, AND SO THAT THIS WILL AUTOMATICALLY COME BACK BEFORE US AND THE APPLICANT WILL NOT HAVE TO REFILE AND PAY ANOTHER APPLICATION FEE AND ALL THAT OTHER STUFF. UH, IF THAT GETS RESOLVED IN HIS FAVOR, WE WILL ALREADY HAVE A DATE, UM, TO COME BACK BEFORE US AND THAT WOULD MAKE IT AS EASY AS POSSIBLE FOR HIM, UH, TO, TO GET WHAT HE'S LOOKING FOR. ANY OTHER DISCUSSION IN THE MOTION MS. DAVIS? I'M GONNA RELUCTANTLY SUPPORT IT. UM, I I DO FEEL LIKE WE KEPT, WE TOOK OUR EYE OFF THE BALL ON THIS ONE. ANY OTHER DISCUSSION OF THE MOTION? . OKAY. BOARD SECRETARY WILL CALL THE CALL THE VOTE. THE MOTION ON THE FLOOR IS TO HOLD, UH, BO A 2 5 0 0 0 0 88 UNDER ADVISEMENT UNTIL APRIL 14TH, 2026. UH, I APOLOGIZE. UM, MR. CHAIRMAN, UM, WHO SECOND THE MOTION TO, OKAY. ALL RIGHT. UH, MS. HAYDEN AYE. MS. DAVIS? AYE. MR. [02:40:01] DORN AYE. MR. OVITZ? AYE MR. CHAIRMAN? AYE, UM, MOTION TO HOLD UNTIL APRIL 14TH PASSES IN THE MATTER OF BO 8 2 5 0 0 0 0 88. THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE HOLD, IT WILL HOLD THIS ITEM UNDER ADVISEMENT UNTIL APRIL 14TH, 2026. THANK YOU. THANK YOU VERY MUCH. WE'RE GONNA TAKE A 10 MINUTE RECESS. UH, 10 MINUTE RECESS. UH, IT IS 3:40 PM BOARD OF ADJUSTMENT PANEL A IS GONNA BE RECESSED TILL 3:50 PM THANK YOU. OKAY, WE'RE GONNA GO AHEAD BACK IN SESSION. SORRY FOR THE SLIGHT DELAY. ALRIGHT. THE BOARD OF ADJUSTMENT PANEL A TURN YOUR VIDEOS BACK ON GUYS BOARD OF ADJUSTMENT PANEL A IS BACK IN SESSION AT 3:57 PM ON THE 17TH OF FEBRUARY. LET'S TAKE A QUICK LOOK HERE. UH, WE HAVE THREE CASES REMAINING. THE NEXT CASE IS BO A 2 5 0 0 0 0 9 9 AT 7 0 0 3. TOKO ON DRIVE IS THE APPLICANT HERE. COME ON DOWN. ALRIGHT. SO HOLD THEIR SECOND. THE BOARD SECRETARY IS GIVING US, IS THIS FROM THE APPLICANT? IT'S GIVING US A HANDOUT. THANK YOU VERY MUCH. I'M ASSUMING YOU'RE KEEPING ONE MARY FOR YOUR RECORDS. OKAY, THANK YOU. ALRIGHT. UM, 7 0 0 3 TOON DRIVE. UM, BOA 2 5 0 0 0 0 9. I'LL SCREW THAT UP. ALRIGHT, MS. BOARD. OKAY, BEFORE I PROCEED WITH THAT, HOLD THAT THOUGHT PLEASE. I WAS ADVISED THAT WE, I, I FORGOT TO ASK FOR PUBLIC TESTIMONY AT THE BEGINNING OF THE HEARING THIS AFTERNOON, BUT I'VE BEEN TOLD BY OUR BOARD SECRETARY WE HAVE NO REQUEST FOR THAT. SO IT WAS A, UH, NO HARM, NO FOUL. GOOD. NOW, SO, UH, IN 7 0 0 3 TOKO ON DRIVE, WHAT SPEAKERS DO WE HAVE TODAY MS. WILLIAMS? TWO IN FAVOR? 11 IN OPPOSITION. OKAY. ONE SECOND. AND ARE THEY ALL IN PERSON OR ONLINE? THEY'RE ALL IN PERSON. THAT'S THE WAY TO DO IT. OKAY. THANK YOU FOR EVERYONE'S PATIENCE IN, UM, MANAGING OUR DAY TODAY. IT IS THE BOARD'S DESIRE TO, UH, GIVE EVERYONE THE OPPORTUNITY TO SPEAK THE PRESENTERS. THOSE IN FAVOR, THOSE IN OPPOSITION. UM, ALRIGHT, SO IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN BE SWORN IN. JENNIFER HIROTO, 1 0 2 3 3 EAST NORTHWEST HIGHWAY IN DALLAS. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. OKAY, THANK YOU. SO OUR RULES OF PROCEDURE ARE THE APPLICANT'S ALLOWED FIVE MINUTES AND THEN ANYONE IN FAVOR IS ALSO ALLOWED FIVE MINUTES. AND THEN ANYONE IN OPPOSITION IS ALSO ALLOWED FIVE MINUTES. AND THEN, UH, THEN THE APPLICANT'S GIVEN FIVE MINUTE REBUTTAL. UH, WE TRY OUR BEST NOT TO INTERRUPT PART OF, UH, YOUR PRESENTATION AND ANYONE ELSE'S AND TRY TO HOLD OUR, OUR QUESTIONS FOR THE END. AND WE REALLY DO TRY THAT. UM, THAT IS 13 PEOPLE WANTING TO SPEAK. SO WE WILL BE, SO WHATEVER TIME I GIVE YOU, I'M GIVING EVERYONE ELSE. SO, BUT I WANT YOU TO TAKE WHATEVER TIME'S NECESSARY IN ORDER FOR YOU TO PRESENT YOUR CASE. AND, UM, I WILL CUT YOU OFF ONLY IF YOU'RE REDUNDANT AND UH, WE'LL GO FROM THERE. SO FOR THE RECORD, THE BOARD SECRETARY HAS GIVEN US THREE ADDITIONAL HANDOUTS TO EACH OF THE PANEL MEMBERS. UM, LET ME GET WHAT'S IN FRONT OF ME HERE. THIS IS 0 9 9. I'M ALSO GIVING THE PANEL MEMBERS THE EMAIL FEEDBACK THAT CAME INTO OUR BOARD SECRETARY AND I'LL PASS THAT DOWN LIKE I DID THIS MORNING. OKAY. AND YOU MAY PROCEED CHAIR. UM, I ALSO PROVIDED A HANDOUT FOR, UH, MY PORTION OF THE PRESENTATION. IT'S A TIMELINE WITH JUST BULLETS. DID YOU RECEIVE THAT? I RECEIVED ONE SINGLE PAGE THEN A, UH, EIGHT AND A HALF BY 14 PAGE. THANK YOU. AND THEN, UM, THREE PAGE COLORED. GREAT. THANK YOU. IS THAT WHAT YOU WANTED US TO GET? YES SIR. OKAY, SO WE ARE ALL YOURS. THANK YOU. UM, I'M HERE BEHALF OF THE PROPERTY OWNER AND THE BUILDER, UH, TOMMY MANN'S ALSO HERE ON BEHALF OF THE APPLICANT. UM, WE'RE REQUESTING A FRONT YARD SETBACK VARIANCE IN CD TWO TRACK FOUR. UM, I'M GONNA TELL YOU WHY AND HOW WE GOT HERE. UM, THAT'S WHERE THE TIMELINE IS IMPORTANT, UM, TO GO THROUGH. UM, NEXT SLIDE. UM, PLEASE NOTE WE'RE NOT ASKING TO VARY ANY OF THE BULK STANDARDS, HEIGHT, MOCK COVERAGE, ARCHITECTURAL REQUIREMENTS THAT ARE REQUIRED OF CD TWO. UM, WE'RE ONLY, UH, ASKING FOR RELIEF FROM THE FRONT YARD SETBACK. UM, THE SLIDE HERE SHOWS THAT I SENT LETTERS TO THE NOTIFICATION AREA AND THE EARLY JANUARY. [02:45:02] UM, AND THEN THE SECOND IS THE LETTER THAT I PROVIDED TO STAFF. UM, THE PROPERTY HAS A 40 FOOT FLATTERED BUILDING LINE AND THAT WAS THE BULK OF, UM, THAT AND THE CONFLICT WITH THE CONSERVATION DISTRICT IS THE BULK OF THE TIMELINE OF WHY THIS TOOK SO LONG. AND, UM, AND HOW WE'RE HERE. UM, NEXT SLIDE PLEASE. UM, THE CONSERVATION DISTRICT IS INTENDED TO PRESERVE CHARACTER, UM, BUT IT'S NOT INTENDED TO CREATE MATHEMATICAL ANOMALIES. UM, WE HAVE SPECIAL CONDITIONS ON OUR PROPERTY THAT WE WANNA TALK ABOUT. UM, THIS CONSERVATION DISTRICT IS ALMOST A YEAR OLD. UM, IT WAS NOT, UM, UNIVERSALLY, UH, POPULAR IN THE NEIGHBORHOOD, UM, IS WHAT THIS SLIDE SHOWS. UM, NEXT SLIDE PLEASE. UM, SO WE'RE CD FOUR, CD TWO, TRACK FOUR. THAT'S THE ONLY PROPERTIES THAT WE'RE COMPARING OUR CONDITIONS TO, UM, OUT OF THE CONSERVATION DISTRICT. UM, NEXT SLIDE. THIS IS THE FLAT FOR 1925. UM, I WOULD LIKE YOU TO NOTICE THAT THERE'S A LOT OF UNIFORMITY IN OTHER BLOCKS. OTHER BLOCKS ARE VERY RECTANGULAR, UM, AND UNIFORM. UM, WHEN YOU GET TO TOON ON THE SOUTH, THERE'S A, A YELLOW STAR ON OUR PROPERTY. UH, TOON IS A VERY KLINE STREET AND IT'S VERY IRREGULAR. UH, NEXT SLIDE PLEASE. UM, THE CERTIFIED PLAT HAS BUILDING LINES. WE HAVE A 40 FOOT BUILDING LINE. OTHER PROPERTIES ON LAKEWOOD, FOR EXAMPLE, HAVE A 60 FOOT BUILDING LINE. HOWEVER, IN THE CONSERVATION DISTRICT, THEY USED AN AVERAGE SETBACK TO CONTROL SOMETHING THAT WAS ALREADY CONTROLLED BY THE PLAT. NEXT SLIDE. UM, THIS IS OUR SITE PLAN. UM, THERE WAS SOME MISINFORMATION THAT I THINK WAS OBSERVED IN SOME OF THE NEIGHBOR OPPOSITION. UM, WE ARE NOT REQUESTING A 7,000 SQUARE FOOT HOME. UM, THE HOME WOULD BE 5,500 SQUARE FEET. UM, WE'RE BELOW THE 40% LOT COVERAGE, WHICH IS THE LIMIT FOR NEW CONSTRUCTION. THIS IS DIFFERENT THAN THE LOT COVERAGE FOR EXISTING HOMES. THEY STILL HAVE 45% SIMILAR TO THE R 75 THAT IT WAS BEFORE THE CD, UH, ZONING CHANGE. UM, THERE'S A QUESTION IN THE BRIEFING ABOUT WHERE THIS OCCURS RELATIVE TO THE PHOTOS. AND IF YOU RECALL, UM, THE VIEW FROM WEST SHORE, WE COULD SEE A TELEPHONE POLE THAT IS APPROXIMATELY THE 40 FOOT LINE THAT WE'RE REQUESTING FOR OUR FRONT YARD SETBACK. I DON'T, EXCUSE ME FOR INTERRUPTING ME, EVEN THOUGH I SAID I WASN'T GONNA HAHA, WE, THE COMMENT THIS MORNING WAS ABOUT THE TREE. OH YES. SO I THINK SOMEONE HAD SAID, WELL, MAYBE IT'S NEAR THE TREE. IS IT NEAR THE TREES AS FAR UP AS THE TREE OR THE, I CAN'T REMEMBER WHERE THE TELEPHONE POLE IS VIS-A-VIS THE TREE. IT, IT'S VERY CLOSE. OKAY. UM, IT IS A BEAUTIFUL LIVE OAK NEXT DOOR IN THE NEXT DOOR. NEIGHBOR'S PROPERTY. YES. YES. OKAY. UM, LET'S SEE. UM, NEXT SLIDE PLEASE. UM, SO IT, IT DIDN'T APPEAR FROM THE CONSERVATION DISTRICT THAT THERE WERE MEASUREMENTS DONE TO DETERMINE WHAT EXISTING CONDITIONS THERE ARE. I WENT OUT, UM, AND MEASURED. UM, SO THESE ARE MY OBSERVED SETBACKS. UM, AND IT'S, YOU'LL NOTICE THAT ON LAKE SHORES FOR THE NORTH, UM, THEY'RE FAIRLY CONSISTENT AROUND THE FORTIES, THE CORNER LOTS ARE DIFFERENT 'CAUSE THEY'RE LARGER. TYPICALLY, UM, WHEN YOU GO TO TOON ON OUR BLOCK, YOU'LL SEE THERE IS NOT A PATTERN. AND PART OF THAT IS BECAUSE THERE'S PART GRAY CHANGE AND THE CURVE OF THE ROAD. UM, AND WE'LL TALK ABOUT LOT DEPTHS IN A, IN A MINUTE. UH, NEXT SLIDE PLEASE. SO THE CONSERVATION DISTRICT TELLS US THAT OUR SETBACK IS THE AVERAGE OF OUR NEIGHBORS. SO THE NUMBERS THAT ARE ON THE SCREEN ARE WHAT HAPPENS WHEN YOU DO THAT EXERCISE TO DETERMINE THE AVERAGE SETBACK. UM, YOU CAN SEE ON LAKESHORE IT'S UNIFORM. THERE'S A PATTERN, THERE'S NOT A BIG DEVIATION, THERE'S ENORMOUS DEVIATION ON POLON. UH, NEXT SLIDE PLEASE. SO WHAT THAT MEANS EFFECTIVELY IS THAT IF ANY OF THESE HOMES WANT TO BUILD AN ADDITION TO THEIR HOME, THEY MAY OR MAY NOT BENEFIT FROM AN AVERAGE SETBACK DEPENDING ON WHAT THEIR NEIGHBORS HAVE. AND IT'S GONNA BE ALL OVER THE PLACE. ON LON UM, CONSERVATION DISTRICT'S, TRACK FOUR HAS A DEMOLITION STANDARD. [02:50:01] UM, AND WE WERE IDENTIFIED IN THE CONSERVATION DISTRICT AS A NON-CONTRIBUTING STRUCTURE. WHEN THE CD WAS WRITTEN, OUR DEMOLITION PERMIT OCCURRED AND WAS COMPLETED IN JANUARY, WHEREAS THE CD WAS APPROVED IN FEBRUARY. SO WE WOULD'VE BEEN ELIGIBLE TO DEMOLISH THE HOME EVEN AFTER THE CD WAS APPROVED. UH, NEXT SLIDE PLEASE. UM, SO THESE PHOTOS SHOW THAT THERE'S TOPOGRAPHY DIFFERENCES BETWEEN UM, TOKO ALONG ON THE LEFT SIDE AND THEN LAKESHORE ON THE RIGHT. THOSE LOTS ARE NOT AS HIGH ABOVE THE STREET AND ARE GENERALLY FLAT. UH, THE TOKA LAWN HOMES HAVE A LOT OF DEVIATION. NEXT SLIDE. UH, JUST QUICKLY ABOUT OUR GRADING PLAN, UM, THERE'S A 14 FOOT GRAY CHANGE FROM THE SIDEWALK TO OUR 40 FOOT BUILDING LINE. NEXT SLIDE PLEASE. UM, LOT DEPTHS. UM, JUST WANTED TO SHOW HOW UH, LAKESHORE AGAIN IS VERY UNIFORM. THERE'S SOME SLIGHT DEVIATIONS BECAUSE SOME OF THE LOTS ARE BIGGER AND THE TOON BLOCK IS ALL OVER THE PLACE. UM, YOU MAY NOTICE ON WEST SHORE WE DO HAVE AN INTERVENING LOT, UM, AND THAT IS WHAT'S CAUSED A LOT OF THESE TROUBLES TRYING TO MAKE ALL THESE NEW REQUIREMENTS WORK. NEXT SLIDE. UM, AND THAT THIS IS JUST MATH ABOUT THE LOT DEPTHS, THE AVERAGE LOT DEPTH AND THE DEVIATION OF THOSE INDIVIDUAL LOTS. NEXT SLIDE. AND NOW THAT'S THOMAS'S TURN. TOMMY MAY HAVE 500 WINSTEAD BUILDING ROUGHLY THE APPLICANT AS WELL. I'M GONNA BE RECORDING. HOLD ON ONE SECOND. YOU NEED TO BE SWORN IN. DO YOU SWEAR OR AFFIRM TO TELL THE THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. I'LL BE REFERRING PRIMARILY TO THE STAPLE PIECE AND THE FLOOR PLAN. UH, BEFORE I DO THAT, I WANNA MAKE A COUPLE OF INTRODUCTORY POINTS. FIRST OFF, I LIVE JUST ON THE OTHER SIDE OF THE LAKE IN THIS PROPERTY. UH, MANY OF THE OPPOSITION ARE FOLKS I KNOW I HAVE FRIENDS, MY CHILDREN PLAY WITH PEOPLE IN THIS NEIGHBORHOOD. THERE IS NOTHING PERSONAL ABOUT OUR APPEARANCE HERE. I ASSURE YOU. UH, THIS IS A TOUGH SITUATION THAT HAS COME ABOUT BY THE PHYSICAL CHARACTERISTICS OF THE PROPERTY AND THE TIMELINE. AND THAT'S WHAT I'M GONNA FOCUS ON FIRST THE TIMELINE. SO AS JENNIFER MENTIONED, A 40 FOOT BUILDING LINE WAS ESTABLISHED FOR THIS BLOCK BY A RECORDED PLAT 100 YEARS AGO IN 1925. IN 1946, AT LEAST ACCORDING TO D AD, WE'LL CALL IT FORS. WHAT YOU SEE ON MY FIRST PIECE OF PAPER THERE LABELED AS 20 B THAT RE PLAT OCCURRED AND A HOME WAS BUILT FRONTING ON WEST SHORE DRIVE. IF THAT REPL WAS PROPOSED TODAY, THE CITY'S CURRENT SUBDIVISION STANDARDS WOULD ALMOST CERTAINLY LEAD TO A DENIAL OF IT BECAUSE IT DOES NOT CONFORM TO THE ESTABLISHED PATTERN OF THE NEIGHBORHOOD. BUT IT HAPPENS IN THE 1940S AND IT EXISTS AT THE END OF 2024, OUR CLIENT PURCHASED THIS PROPERTY, OBTAINED A DEMOLITION PERMIT THE FOLLOWING MONTH AND PROCEEDED WITH DEMOLITION TO BUILD A NEW HOUSE A MONTH FOLLOWING ALL OF THAT. SO BACKING UP WHEN HE PURCHASED THE PROPERTY, FOUR TO 40 FEET WAS THE REQUIRED SETBACK AND IT BEGAN PERMITTING AT A REQUIRED SETBACK OF 40 FEET. OFTEN WHEN THAT OCCURS, THE RULES THAT ARE IN PLACE WHEN YOU START REMAIN, EVEN IF THEY CHANGE, THAT HASN'T BEEN THE DETERMINATION HERE. UH, BUT THAT'S NOT THE POINT OF THIS HEARING. SO AFTER HE BEGAN THAT PROCESS, THE CONSERVATION DISTRICT WAS ADOPTED AND THE RULES CHANGED. SO THIS IS NOT A SITUATION WHERE HE CAME IN AND PURCHASED THE PROPERTY KNOWING FULL WELL THAT HE WOULD NOT BE ALLOWED TO BUILD IT. A 40 FOOT SETBACK AND IS NOW REQUESTING RELIEF FROM IT. LIKE I SAID, IT'S UNFORTUNATE THAT THE TIMING PLAYED OUT THE WAY IT DID AND WE ARRIVED HERE THE WAY THAT WE HAVE. BUT HERE WE ARE. SO GOING TO THE HARDSHIP STANDARD HERE AND WHY I THINK WE CLEARLY SATISFY IT. SO ON THIS FIRST PAGE I'VE IDENTIFIED SOME IMPORTANT AND UNIQUE CHARACTERISTICS OF THIS PROPERTY. FIRST, THAT INTERVENING LOT FROM THE FORTIES THAT I MENTIONED. ELIMINATES ALLEY ACCESS FOR THIS PROPERTY. THE CONSERVATION DISTRICT PROHIBITS FRONT FACING GARAGES AND REQUIRES NO SETBACK OFF OF AN ALLEY FOR GARAGES. WE CAN'T BENEFIT FROM THAT. SO WHEN YOU LOOK AT THIS FLOOR PLAN I HANDED YOU, WHAT THAT MEANS IS YOU SEE THIS 17 FOOT WIDE DRIVEWAY OFF OF WESTSHORE AND [02:55:01] A 22 FOOT WIDE GARAGE THAT ARE IMMEDIATELY EATING INTO THE DEPTH OF THIS LOT IN A WAY THAT WOULD NOT BE TRUE FOR ANY OTHER LOT ON THE BLOCK THAT HAS ALLEY ACCESS. AND THAT AFFECTS WHERE WE CAN PLACE THE HOME A NEW HOME, UH, AND IS UNIQUE TO THIS PROPERTY AND ITS PHYSICAL CHARACTERISTICS. NEXT YOU LOOK AT OUR LOT DEPTH SIMPLY AT 170 FEET IS MUCH LESS DEEP THAN MOST OF THE BLOCK WITH THE EXCEPTIONS OF SOME OTHERS THAT I HAVE CIRCLED. BUT YOU'LL NOTE EACH OF THE ONES I HAVE CIRCLED HAVE SUBSTANTIALLY MORE LOT WIDTH THAN US MAKING THE ACHIEVEMENT OF A DESIRABLE FOOTPRINT FOR A NEW HOME MUCH EASIER. LASTLY, JUST A SIMPLE MATH POINT, THE REQUIRED SETBACK IS THE AVERAGE OF THE ADJACENT LOTS. ANY MID-BLOCK LOT HAS TWO LOTS TO AVERAGE ANYONE ON THE CORNER HAS TO TAKE THE AVERAGE OF ONE. WE DON'T HAVE TWO ADJACENT LOTS, WE ONLY HAVE ONE. AND SO THAT AFFECTS THE CALCULATION OF WHAT THE REQUIRED SETBACK IS ON THIS LOT. SO FLIPPING TO MY NEXT PAGE, NOW I WON'T BELABOR THIS ONE, BUT I HEARD SOME DISCUSSION ABOUT A CONTINUITY OF BLOCK PHASE. THIS SETBACK PROVISION DOES NOT ACHIEVE THAT AND I DON'T THINK IT WAS INTENDED TO. THERE ARE OTHER CITY REGULATIONS THAT REQUIRE CONTINUITY OF BLOCK FACE THAT EASILY COULD HAVE BEEN PLACED IN HERE AND THIS WOULD BE A DIFFERENT DISCUSSION. BUT WHAT THIS SECOND PAGE SHOWS YOU IS THERE IS NO CON PARTICULARLY ON THIS BLOCK AND THAT'S THE RESULT OF THE CONFIGURATION OF THE LOTS. AND IF YOU LOOK, KEEP IN MIND BEFORE I GO TO MY LAST PAGE ON THE EASTERN END, THE OBSERVED SETBACK OF THAT EXISTING HOME IS 25 FEET. UH, THERE'S OTHERS AROUND THE 40 WE'RE REQUESTING AND SEVERAL MORE IN THE NEIGHBORHOOD GENERALLY. SO MY FINAL PAGE HERE IS WHERE I'M GONNA TRY TO BRING HOME SORT OF MATHEMATICALLY IN A WAY I CAN HOPEFULLY EXPLAIN THE HARDSHIP HERE. SO I'VE CREATED TWO COLUMNS DOWN HERE IN GREEN IS WHAT THE CONSERVATION DISTRICT WOULD APPLY WOULD REQUIRE FOR A FRONT YARD SETBACK OF A NEW HOME BUILT ON EACH OF THE LOTS OF THIS BLOCK. THE BLUE COLUMN AT THE TOP IS JUST SHOWING YOU THE DEPTH OF EACH OF THE LOTS ON THIS BLOCK. WHAT I'VE DONE IN THIS CHART THEN IS CALCULATED FOR EACH OF THE LOTS ON THIS BLOCK, THE PERCENTAGE OF THE LOT DEPTH THAT IS DEVOTED TO FRONT YARD. IN OTHER WORDS THE PERCENTAGE OF THE LOT DEPTH ON WHICH NO HOME CAN BE BUILT. IF THIS SETBACK IS LITERALLY APPLIED. AND YOU SEE TWO VERY OBVIOUS OUTLAWS OUR LOT WHICH IS EXACERBATED FURTHER BY MY POINT ABOUT THE NO ALLEY ACCESS AND THE NEED TO ACCOMMODATE A DRIVEWAY WIDTH AND THOSE SORTS OF THINGS. AND YOU HAVE THE LOT AT THE OTHER END, WHICH BOTH OF US ARE OVER 35%. IF YOU TAKE OUT THOSE TWO OUTLIERS AND YOU AVERAGE THE PERCENTAGE OF FRONT YARD KI LOT DEPTH OR EVERY OTHER HOME LOT ON THE BLOCK, IT COMES UP TO ABOUT 25%. IF YOU APPLY THAT 25% TO OUR 170 FOOT DEPTH LOT, THAT WOULD EQUATE TO ABOUT A 43 FOOT FRONT YARD. IF YOU SIMPLY AVERAGE UH, THE FRONT YARDS OF ALL THE SHALLOWER LOTS ON THE BLOCK, WHICH ARE THE 206 FEET AND BELOW LIKE US, THOSE ALL AVERAGE OUT TO 42 FEET. OUR REQUIREMENT IS 61 UNDER A LITERAL APPLICATION OF THIS ORDINANCE. IT'S CLEARLY A GREATER IMPACT BECAUSE OF UNIQUE CONFIGURATION OF THIS LOT THAN ANY OF THE OTHERS ON THE BLOCK. THE LAST THING I WANT TO POINT YOU TO, AND THIS SPEAKS TO THE ISSUE OF SELF-CREATION IS THIS FOR POINT, AND I'VE PRINTED THIS OUT AT THE LAST SECOND TO BE ABLE TO TO HIGHLIGHT THIS FLOOR. SO IF YOU LOOK AT THIS FLOOR PLAN, IF YOU GO FROM LEFT TO RIGHT, THESE ARE THINGS THAT NEED TO OCCUR ON THE GROUND LEVEL OF ELM AND THEY NEED TO OCCUR IN SEATS, A GARAGE, SOME SEPARATION BETWEEN THE GARAGE WALL AND A MAIN LIVING AREA, A MUD ROOM, THAT SORT OF THING. YOU SEE IN NEW HOUSES, YOU SEE HERE A DOWNSTAIRS MASTER WHICH WE ALL UNDERSTAND THE IMPORTANCE OF PARTICULARLY IN A NEIGHBORHOOD THAT'S NICE TO BE ABLE TO OFFER ITS BATHROOM, ITS CLOSET IN FRONT OF THE HOUSE AND THEN THE KITCHEN ON THE GROUND LEVEL OF THE HOUSE, THE PANTRY AND THE DINING ROOM. AND THOSE ROOMS NEED TO BE LINEARLY STACKED BECAUSE THEY ARE CONNECTED AND FUNCTIONED TOGETHER. WE ONLY HAVE ONE DIRECTION TO GO BECAUSE OF THE NARROWNESS OF THE SLOT TO WITH THOSE THINGS. THE LAST THING I'LL POINT OUT 'CAUSE I'M NOT SURE THIS IS ENTIRELY CLEAR, IF YOU LOOK OUT AT THE FRONT, THE ENTIRE HOME IS NOT AT THAT 40 FOOT [03:00:01] SETBACK. THE TWO WINGS THAT I MENTIONED THAT STACK TOGETHER GO OUT THERE AND THEN THERE IS A RECESSED COURTYARD ENTRANCE WHICH IS ESSENTIALLY THE CENTER THIRD OF THE FRONT FACADE BUT IS ROUGHLY 13 OR 14 FEET MORE SETBACK FROM THE REMAINDER OF FACADE. AND I THINK THAT'S IMPORTANT TO THE EXTENT THERE'S A CONCERN ABOUT A STREET WALL EFFECT OR JUST FROM AN APPEARANCE THERE IS FRONT DOOR OF THE HOME RECESSED BACK EVEN FARTHER. THIS CONDITION EXISTS. IF THIS IS A 2,800 SQUARE FOOT HOME THAT IS ONE SQUARE, IT'S NOT THE SIZE OF THE HOME THAT IS DRIVING THIS. WE'RE NOT ASKING FOR ANY VARIANCES FROM THE SIZE OF THE HOME STYLE OF THE HOME. WE'RE ASKING FOR A VARIANCE TO SET THAT WHICH IS DRIVEN BY THE LINEAR FOOTPRINT OF THE FIRST STORE. IF WE TOOK OFF THE SECOND STORY, THIS WOULD BE A 28 SQUARE FOOT HOME AND WE'D STILL BE HERE. NOT THE SIZE OF THAT, NOT SELF CREATE, IT'S THE DIMENSIONS OF THIS LOT COUPLED WITH UNIQUE REQUIREMENTS OF THE CONSERVATION DISTRICT THAT LEAVE US. YOU. THANK YOU. THANK YOU SIR. ALRIGHT, DO WE HAVE ANY OTHER SPEAKERS IN FAVOR? NO, THE SPEAKERS REGISTER SIR. OKAY, VERY GOOD. UM, ALRIGHT, SO LET'S DO A QUICK ROLL CALL OF WHO ALL IS HERE THAT WISHED TO SPEAK IN OPPOSITION. IF YOU ARE, IF YOU WOULD PLEASE STAND UP. DON'T COME FORWARD, JUST STAND UP. OKAY. MARY, DO YOU WANNA DO A COUNT? EXCUSE ME, MS. WILLIAMS, DO YOU WANNA DO COUNT? SEE IF YOUR NUMBERS MATCH. 11. OKAY. ALRIGHT, THANK YOU. ALRIGHT, SO OUR BOARD SECRETARY WILL CALL EACH PERSON'S NAME UP. WELL WHY DON'T YOU ALL STAND UP A SECOND. I'M SORRY. I APOLOGIZE. STAND ALL AGAIN AND SHE'S GONNA SWEAR YOU ALL IN AT ONE TIME AND YOU'RE GONNA SAY, UH, YOU'RE JUST GONNA SWEAR IN AND THEN WHEN YOU COME UP TO SPEAK YOU'LL GIVE YOUR NAME AND ADDRESS. BUT GO AHEAD MS. WILLIAMS. DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY, YOU'RE SWORN. ALRIGHT, SO SHE'S GONNA CALL EACH PERSON UP. UH, THE APPLICANT HAS BEEN, UH, VERY DEF UH, DEFINITIVE IN THE TIME. SO, UM, NO ONE IS GONNA GET MORE THAN FIVE MINUTES 'CAUSE I'LL CUT YOU OFF. UH, AFTER WE'RE FINISHED WITH THAT, THEN WHAT WE'RE GONNA DO IS, UH, I WILL ENTERTAIN QUESTIONS, UH, OF THE APPLICANT OR ANYONE THAT SPOKE IN OPPOSITION FUND THE BOARD AND THEN THE, THE APPLICANT WILL GET A FIVE MINUTE A REBUTTAL. SO MS. WILLIAMS, GO AHEAD AND CALL SPEAKERS. MR. RICHARD DAM, ROW IN THE FLESH. THANK YOU. I'M RICHARD. H UH, DAM ROW OF 7 0 0 7 TOLAN DRIVE THE LOT ADJACENT TO THE CORNER. LOT OF 7 0 0 3 TOLAN DRIVE. I GIVE YOU SOME INSTRUCTION. FIRST OF ALL IN GREEK SINCE PROBABLY FEW OF YOU UNDERSTAND OR SPEAK IT. TOLAN IS A GREEK WORD MEANING BEAUTIFUL PLACE D MAGAZINE IN A NUMBER OF ISSUES IN THE PAST. I DON'T SUBSCRIBE TO IT NOW, I DON'T KNOW. BUT IN THE JANUARY AND FEBRUARY ISSUE, THEY ALWAYS HAD THE BIGGEST AND THE BEST OF DALLAS FOR A NUMBER OF YEARS. THEY LISTED LON DRIVE THE MOST BEAUTIFUL STREET IN DALLAS. IT IS A VERY, VERY NICE RESIDENTIAL AREA IN LAKEWOOD. I HAVE, I'VE GIVEN A COPY OF WHAT I'M GOING TO SAY TO YOU AS A COURTESY SO THAT YOU WILL NOT HAVE TO LOOK SOMEPLACE ELSE. UH, AND YOU CAN THEN MAKE NOTES AS YOU WISH FOR ANY QUESTIONS OR, OR COMMENTS. UM, I ALSO HAVE MY EMAIL ADDRESS IF YOU WISH TO CONTACT ME FOR ANY REASON. AND NOW I'LL SIMPLY READ WHAT I'VE WRITTEN IF YOU'LL TOLERATE ME FOR I DON'T WRITE THAT WELL. I'M AGE 92. AND SO, UH, ANYHOW, I'M GONNA READ. DID YOU SAY YOU WERE 29? PARDON? YOU SAID YOU WERE 29? THAT'S RIGHT. OKAY. CORRECTION 29. PUT THAT OUT. THANK YOU. PLEASE PROCEED. UM, IN RESPONSE [03:05:01] TO THE INVASIVE PROPOSAL TO BUILD OUT TO THE SOUTH, A DISTANCE OF 20 FEET BEYOND ALL OTHER PROPERTIES WITH A TWO STORY BRICK WALL IN THE 7,000 BLOCK OF TOLAN AND ALSO THE 6,900 BLOCK BY THE OWNERS OF 7 0 0 3 TOLAN ADJACENT TO MY PROPERTY AT 7 0 0 7 ON THE EAST SIDE OF 7 0 0 3. UM, I DON'T KNOW, BUT I HAVE BEEN INFORMED THAT THE PEOPLE WHO BOUGHT 7 0 0 3 AND ARE PLANNING ON BUILDING A BIG HOUSE, IT IS SOME, UH, COMPANY FROM AUSTIN, UM, BUILDING COMPANY OF, BUT ALL PROPERTIES OF THE 7,000 BLOCK OF TOON AND ALSO THE 6,900 BLOCK THE BLOCK TO THE WEST OF US OBSERVE A SETBACK FROM THE SIDEWALK OF 62 FEET. I THINK I HEARD, I MIGHT COMMENT, I HAVEN'T HEARD A SENTENCE OF THAT ANYBODY SAID, I AM HARD OF HEARING. I FOUND OUT AT HOME. I'M ALL RIGHT AT THREE FEET, BUT I DON'T KNOW ANYTHING THAT'S GONE BEFORE ME. SO, UH, I SPEAK FROM A FRESH, UH, SELECT. UH, THIS PROPERTY OF 7 0 0 3 HAS NOW BEEN VACANT FOR 13. I THINK IT'S GOING ON 14 MONTHS WITH A BLACK UNGAINLY SIX FOOT PLASTIC FENCE SURROUNDING IT EXCEPT FOR OUR HOUSE AND BACKYARD. OUR SOUTHWEST BEDROOM VIEW IS BLOCKED BY THIS BLACK PLASTIC FENCE, WHEREAS WE USED TO HAVE A WONDERFUL VIEW OF THE FIVE TO $6 MILLION HOUSE DIAGONALLY ON THE NORTHEAST CORNER OF TOLAN WITH ITS WONDERFUL FRONT YARD. I I HOPE THAT SOMETIME THAT YOU FOLKS CAN TRAVEL LON. THE FORMER HOUSE AT 7 0 0 3 WAS DEMOLISHED AND THEN A BULLDOZER LEVELED A LOT AS IT WAS INCLINED TO THE NORTH. THE ROCKS IN THE SOIL WERE THEN PUSHED UNDER THE FORMER FRONT YARD WITH A DEBRIS BEING ABOUT TWO FEET HIGHER THAN MY FRONT YARD. MUCH WAS ALSO PUSHED OVER THE TERRACE, THE FRONT OF THE LOT ONTO THE SIDEWALK WITH A DEPTH OF ABOUT ONE FOOT. MANY PEOPLE USED TO WALK ON THIS SIDEWALK, BUT IT'S NO LONGER OR WAS NO LONGER POSSIBLE UNTIL A WEEK OR TWO AGO. ALTHOUGH LAYMAN USING A WALKER, I AM 92 AND ALTHOUGH MY WIFE IS 91, SO I USED MY WHEELBARROW AND HAULED AWAY FIVE OR SIX LARGE BOULDERS ABOUT THE SIZE OF A BOWLING BALL. RAINS THEN DEPOSITED CLAY SOIL ATOP THIS DEBRIS WITH A MUCH RUNNING EAST ONTO MY SIDEWALK. AS THE RESULT WAS A THIN AS SLIPPERY AS GREASE LIGHTNING. I USED A BLOWER EVERY FEW DAYS IN AN ATTEMPT TO KEEP ANYONE FROM FALLING BY CLEANING OFF, UH, MY SIDEWALK. FINALLY, AFTER SEVERAL MONTHS, THE CITY PLACED A PAPER SIGN. IT WAS ABOUT 24 BY 30 INCHES, REQUEST THE SIDEWALK TO BE CLEARED. WELL THE SIGN SOON FELL DOWN IN THE RAIN AND NO ONE EVER APPARENTLY ATTEMPTED TO REPLACE IT OR CONTACT THE OWNER. THE CITY WAS JUST ALL HAT AND NO CATTLE IN A FRIENDLY MANNER. I TOLD THE PROPERTY MANAGER THREE DIFFERENT TIMES THAT THE SIDEWALK NEEDED TO BE CLEARED BUT TO NO AVAIL. I AM A GOOD AND FRIENDLY NEIGHBOR. WHEN THE PROPERTY WAS BEING CLEARED, THEIR MANAGER ASKED ME IF I COULD PROVIDE A BUCKET OF, OF WATER TO CLEAN THEIR TOOLS. I INFORMED THEM THAT I HAD A HYDRANT AT THE FRONT OF MY HOUSE AND THAT I WOULD CONNECT A HUNDRED FOOT COLD HOSE AND THEY WERE FREE TO USE AS MUCH WATER AS THEY NEEDED AS OFTEN AS POSSIBLE. LATER THEIR [03:10:01] MANAGER ASKED WHETHER I HAD A PLA OF THE LOT, WHICH THEY COULD HAVE. I REPLIED THAT I HAD ONE AND UPON SEARCHING, FOUND IT AND MADE A COPY FOR HIM AT NO CHARGE, BUT JUST BEING A GOOD NEIGHBOR. THE HOUSE AS PLANNED, I BELIEVE BY A CRAFTMAN FOR NO REGISTERED ARCHITECT WOULD SIGN HIS NAME TO THE TWO STORY BRICK STRUCTURE. HAVING KNOWN FRANK LLOYD WRIGHT, HE WOULDN'T HAVE EVER APPROVED OF THE DESIGN, BUT IT IS AN EXTENSION REQUESTED TO BUILD OUT 20 FEET TO THE SOUTH BEYOND THE PRESENT SETBACK OF ALL OTHER HOUSES ON THE SEVEN BLOCK OF TO ON AND ALSO THE 6,900 BLOCK, WHICH IS BLATANTLY OFFENSIVE AND IN VIOLATION OF THE CITY SETBACK STANDARD FOR THESE LOTS. MY BROTHER AGE 95, COLONEL ROBERT A DAMEL WAS DIRECTOR OF CITY PLANNING FOR DENVER, COLORADO FOR 35 YEARS. AND HE STATES THAT SUCH A REQUEST AS THIS WOULD I EMPHASIZE NEVER BE TOLERATED IN DENVER. THE VALUE OF MY PROPERTY HAS ALREADY BEEN VIOLATED AND REDUCED BY THE CONDITION OF THE ADJACENT LOT. BUT IF THE EXTENSION WERE TO BE ALLOWED, OUR FRONT BEDROOM WOULD BE JUST 12 FEET FROM A TWO STORY BRICK WALL EXTENDED MAYBE, OR, OR RATHER 20 FEET OUTWARD TO THE SOUTH. FROM OUR PROPERTY FRONTAGE THE FRONT OF OUR HOUSE. OBVIOUSLY THE VALUE OF OUR PROPERTY WOULD BE GREATLY DIMINISHED ALONG WITH OTHER HOUSES ON THE 7,000 BLOCK OF TOON, THE FRONTAGE OF OUR LOTS ON TOON ARE EVEN ARE 62 FEET BACK. YOU CAN FIRE A RIFLE DOWN THERE. AND NOW THIS PROPOSAL IS TO EXTEND OUT 20 FEET FURTHER. WELL, I, I REALIZE I OUGHT TO BE APPRECIATIVE OF THEIR BUILDING OUT 20 FEET AS OPPOSED TO HAVING A SEVEN 11 THERE. YOU NEED TO START WRAPPING UP, SIR. OKAY. YES. UM, FACTS THAT YOU MIGHT WISH TO KNOW I'VE CALLED COLAN IS A GREEK WORD AND IT MEANS BEAUTIFUL PLACE. AND I'VE TOLD YOU THIS IS REPEATING D MAGAZINE AS NOTED THAT AS THE MOST BEAUTIFUL STREET IN DALLAS. OUR LIVE OAK TREE IN OUR FRONT YARD IS SOMEWHAT OLDER THAN 125 YEARS AS BORING HAS, UH, CONFIRMED. BUT IT'LL BE CUT DOWN BY THE NEIGHBOR IF ALLOWED TO BUILD NEXT TO IT. OUR PREVIOUS NEIGHBORS PRIZE, THE TREE FOR IT EXTENDS LIMBS OVER OUR FRONT YARD. IN ADDITION, UH, TO THEIRS. OUR HOUSE IS A HUBEL HOUSE. THE ARCHITECT IS FAMOUS, ESPECIALLY FOR THE SPANISH COLONIAL DESIGN HOUSES ON LAKEWOOD BOULEVARD AS AN EXAMPLE. WE HAVE WOODEN CEILINGS, WOODEN WALLS, AS DESIGNED IN A SHIP. SIR, YOU NEED TO FINISH YOUR, YOU NEED TO FINISH YOUR SENTENCE 'CAUSE YOU'VE EX YOU'VE, I'M, I'M SORRY I, YOU'RE PAST YOUR FIVE MINUTE MARK. ALMOST TO 10. SO, OKAY. SO FINISH YOUR THOUGHT. JUST FINISH YOUR LAST THOUGHT. I REQUEST. THERE YOU GO. UH, I REQUEST ONE ADDITIONAL MINUTE FROM MY FELLOW MEMBERS WHO I THINK WILL GRANT IT TO. OKAY. ALRIGHT. ONE MINUTE, BOY. THIS GUY'S AN OPERATOR. OKAY. YEAH, HE'S TAKEN OVER THE MEETING, BUT THAT'S OKAY. , I'M GLAD TO ANSWER ANY QUESTIONS REGARDING THE AREA. MY WIFE AND I HAVE LIVED AT OUR ADDRESS OF 7 0 0 7 SINCE 1968. I BELIEVE THAT CHRONOLOGICALLY WE ARE THE OLDEST RESIDENCE IN PERSONAL YEARS AND TENANCY IN OUR PROPERTY. THANK YOU FOR ALLOWING ME TO PROVIDE SOME INFORMATION REGARDING THIS FLAGRANT REQUEST TO EXTEND THEIR BUILDING 20 FEET SOUTH OF ALL OTHER PROPERTIES. IT IS [03:15:01] AN ABOMINATION. YOUR DENIAL OF THEIR REQUEST WILL BE GREATLY APPRECIATED BY NOT ONLY THE RESIDENTS OF LON, BUT BY MANY, EVEN MOST OF LAKEWOOD. RESPECTFULLY, AND THANK YOU FOR THE HONOR OF BEING HEARD. AND I CLOSE. I BEGIN WITH GREEK LON. I END WITH LATIN. AMEN. THANK YOU VERY MUCH FOR YOUR COMMENTS AND YOUR LONGTIME RESIDENCY AND SERVICE TO OUR COUNTRY. I, I HAVE SOME DIAGRAMS HERE OF, OF THE PROPERTY AND, UH, I WAS NEVER PROVIDED ANY, ANYTHING BY THE, UH, BUILDERS THERE OF ANYTHING. BUT ALTHOUGH I GAVE HIM SOME THINGS, AND IF YOU WOULD LIKE THIS PER YOUR RECORDS, I'LL GIVE YOU WHAT I HAVE. IF YOU'D LIKE TO GIVE THAT TO US, GIVE IT TO OUR BOARD SECRETARY. I THINK, I THINK THAT IT WOULD BE GOOD FOR YOUR RECORDS. ALRIGHT THEN. THANK YOU. THANK YOU. THANK YOU, SIR. ALRIGHT. THE RECORD WILL SHOW THAT THE APP, THE, UH, GENTLEMAN GAVE ONE COPY OF THIS TO OUR BOARD SECRETARY. I'M GONNA PASS IT DOWN FOR US TO ABSORB AND THEN IT'LL GO BACK TO OUR, UH, EMAIL FOLDER. THANK YOU VERY MUCH. UH, THE SECOND SPEAKER, MS. WILLIAMS, MS. KIM EDGE, YOU'VE ALL BEEN SWORN IN SO YOU DON'T NEED TO BE SWORN AGAIN. IN A MOMENT, I'M GONNA ASK YOU TO GIVE YOUR NAME AND ADDRESS AFTER, UH, THIS YOUNG LADY SPEAKS. I'M GONNA ASK A CITY STAFFER TO SPEAK. HE HAS TO DEPART IN A FEW MINUTES AND I WANT THE BOARD TO HEAR FROM HIM, UH, REGARDING CONSERVATION, DISTRICT ORIGIN AND APPLICABILITY. SO, BUT I'M JU I WANT TO GO AHEAD AND START WITH YOU AND THEN, UM, PLEASE PROCEED. YOUR NAME AND ADDRESS. MY NAME IS KIM EDGE. OH, GOTTA BE LOUDER THAN THAT. MY NAME IS KIM EDGE. THERE YOU GO. I LIVE AT 70 11 LAKEWOOD BOULEVARD FOR 30 YEARS. I WALK DOWN TOCAL ALONE QUITE FREQUENTLY. I DON'T HAVE ANY MATHEMATICAL EQUATIONS OR MAPS TO SHOW YOU, BUT THE HOMES DO FALL IN A LINE VERY BEAUTIFULLY. THE CURVES, THE STREET CURVES AND UNDULATES, IT HAS HILLS. VERY, VERY BEAUTIFUL. I FEEL THE DEVELOPER HAS DEMONSTRATED A DISREGARD FOR THE NATURAL ASSETS AND THE BEAUTY BY DEGRADING THE SLOPE OF THE LOT, TRUCKLOADS OF DIRT WERE BROUGHT IN ELEVATING THE PARCEL APPROXIMATELY FOUR FEET ABOVE THE ADJACENT PROPERTIES. SO NOT ONLY DID IT CHANGE THE SLOPE, IT CHANGED A SHAPE OF THE SLOPE. THIS HAS SIGNIFICANTLY ALTERED THE GRADE AND THE SHAPE OF THE SLOPE, WHICH CAN CAUSE WATER TO BE REDIRECTED. EXTENDING THE SETBACK HAS PROFOUND NEGATIVE CONSEQUENCES, NOT ONLY FOR THE STREET, BUT FOR THE ADJACENT PROPERTY. THE OWNERS WILL HAVE VERY MUCH DIFFICULTY SELLING THEIR PROPERTY IF THEY, IF THEY HAVE TO LOOK OUT AT A BRICK WALL. RICK MENTIONED HE LIKED TO ENJOY LOOKING OUT AT THE PROPERTY DIAGONALLY ACROSS THE STREET, THE $5 MILLION HOME, WHATEVER THAT WAS, HOW BEAUTIFUL IT IS WHERE HE WON'T BE ABLE TO SEE THAT ANYMORE. YOU'LL SEE A FENCE AND A BRICK WALL. THAT'S ALL I HAVE TO SAY. THANK YOU. THANK YOU VERY MUCH MR. BROWN, IF YOU'D COME FORWARD PLEASE. BOARD MEMBERS. I'M ASKING MR. BROWN TO, UM, PUT MARY, I'M GONNA PUT THIS UP HERE SO WE HAVE IT. OKAY. UM, I, I, MS BOARD MEMBERS, I'VE ASKED MR. BROWN TO COME FORWARD, UM, TO GIVE US, HE HAS TO DEPART CLOSE TO FIVE AND I WANTED HIM TO GIVE THE BOARD SOME, UH, INFORMATION AS IT RELATES TO THE ORIGIN OF THE CONSERVATION DISTRICT AND THE APPLICABILITY, AND MAKE HIM AVAILABLE FOR ANY QUESTIONS THAT MAY COME UP. BECAUSE IF WE WAITED TOO LONG, HE'D BE GONE AND THEN YOU'D HAVE QUESTIONS. SO ANYWAY, IF YOU'D REINTRODUCE YOURSELF, SIR. SURE. TREVOR BROWN, I MANAGE THE HISTORIC PRESERVATION AND CONSERVATION DISTRICT PROGRAM. OKAY, THANK YOU. UM, SO TALK TO US ABOUT WIND CONSERVATION TWO GOT AMENDED AND GIVE US A SKINNY OF IT. NOT TOO MUCH DETAIL, BUT A [03:20:01] SKINNY OF IT. SURE. SO THE ORDINANCE WAS OFFICIALLY ADOPTED, UH, LAST YEAR, UH, ALMOST A YEAR AGO NOW. UH, BUT THAT WAS THE RESULT OF A NEARLY TWO YEAR LONG PROCESS THAT INVOLVED MANY OF THE FOLKS YOU SEE, UH, SEATED BEHIND ME HERE. UH, THAT TOOK PLACE OVER 15 PUBLIC MEETINGS. UH, IN ADDITION TO LOTS OF, UM, EXTRACURRICULAR MEETINGS WITH THE CITY PLAN COMMISSIONER IN ORDER TO, TO HASH OUT A LOT OF THE DETAILS THAT WERE PUT FORTH IN THE ORDINANCE. UH, AT THE TIME, CERTAIN THINGS IN ADDITION TO THE ARCHITECTURE THAT WERE DEEMED, UH, IMPORTANT BY THE NEIGHBORS THAT THEY WERE LOOKING TO PROTECT, PROTECT SETBACKS THAT WERE CONSISTENT WITH THE ONES FOUND IN THE NEIGHBORHOOD. TOPOGRAPHY PROTECTING THAT SLOPE OF LOT BECAUSE THEY FELT LIKE THAT WAS A CHARACTER DEFINING FEATURE OF THIS AREA. THEY ALSO TOOK THE EXTRA STEP OF INCLUDING SOME, UH, TREE PROTECTIONS AS PART OF THEIR ORDINANCE, SORT OF NODDING TO THE FACT, UH, THAT THEY WERE REALLY INTERESTED IN PROTECTING THE, THE, THE EXISTING CONDITIONS OF THE NEIGHBORHOOD. UM, WAS ALL OF LAKEWOOD RE WAS THE CD CONSERVATION DISTRICT FOR CD TWO? WAS IT ENTIRELY AMENDED OR ONLY IN SPECIFIC AREAS? SO, BECAUSE I'VE HEARD TRACK SOMETHING AND TRACK SOMETHING, SO RIGHT. I'M TRYING TO GET A HANDLE ON LAKEWOOD AND WHAT THE CD IS AND WHAT THE SPECIFIC AREAS THAT WE'RE TALKING ABOUT. SURE. SO CD TWO, WHICH WAS ORIGINALLY ADOPTED IN 1988, I BELIEVE, UH, CONSISTS OF THREE TRACKS WHENEVER THIS AREA APPROACHED THE CITY. IT WAS FOR EXPANSION OF THAT EXISTING, UH, CONSERVATION DISTRICT TWO, UH, ULTIMATELY LEADING TO THE CREATION OF A NEW TRACK FOUR SPECIFIC TO THIS AREA. SO TRACK FOUR IS A BRAND NEW COMPONENT OF THE CONSERVATION DISTRICT? CORRECT. OKAY. AND TELL ME AGAIN, WHEN CONSERVATION DISTRICT TWO TRACK FOUR WAS CREATED? JANUARY OF, IT WAS OFFICIALLY ADOPTED IN MARCH OF 2025. SO IT WENT TO CITY COUNCIL MARCH OF 2025. I'M DOING THIS 'CAUSE ONE OF THE QUESTIONS I'LL BE ASKING THE APPLICANT IS AWARENESS OF THIS PRIOR TO PURCHASE AND DEVELOPMENT AND THAT SORT OF THING. SO I'M, I, I WANT YOU, I WANTED YOU TO RECONFIRM, WHEN DID THE CITY COUNCIL ADOPT TRACK? FOUR? MARCH 20TH, 2025. OKAY. SO IS THE WAY IT WORKS IS THAT AS OF THAT DATE, IT'S IT'S LAW. CORRECT. THERE'S NOT A MONTH OR TWO MONTHS OR SIX MONTHS, THERE'S TRANSITION, THERE'S NO MORATORIUM OR AT THAT POINT IN TIME. OKAY. CORRECT? YES SIR. AND YOU SAID BEFORE THAT THERE WERE COMMUNITY MEET, COMMUNITY MEETINGS. HOW MUCH TIME IN ADVANCE OF THIS? WELL, THE ENTIRE PROCESS TOOK NEARLY TWO YEARS. SO ALL THE WAY BACK TO 2023, IS THAT WHAT YOU'RE SAYING? OR EVEN MAYBE YEAH. BEYOND THAT ACTUALLY. YEAH. UH, PLEASE. IN THE AUDIENCE. YEAH, IT INAPPROPRIATE TOOK A LITTLE OVER TWO YEARS. THAT ALSO INCLUDES PETITIONING AND, AND PARTS OF THE PROCESS PROCESS. SO 23 OR 2022. 2022. 2022. OKAY. UM, COMMUNITY MEETINGS, COMPLAINING COMMISSIONER VAL, I ASSUME THE CITY COUNCIL MEMBER INVOLVED, ALL THAT SORT OF THING. UM, WERE TRACK ONE, TWO, OR THREE CHANGED OR WAS THIS JUST TRACK FOUR? IT WAS SPECIFIC TO CREATION OF A NEW TRACK FOUR. OKAY. TO EXPAND CONSERVATION DISTRICT NUMBER TWO. AND IS IT YOUR OPINION THAT ALL THE PROPERTY OWNERS IN THIS TRACK WERE NOTIFIED ABOUT WHAT WAS GOING ON? YES, SIR. OKAY. DID THE COUNCIL APPROVE IT UNANIMOUSLY BY ONE VOTE? WHAT? I MEAN, HOW DID THAT GO OVER IN THE END? DO YOU KNOW? MM, I THINK IT WAS UNANIMOUS. OKAY. ALRIGHT. ALRIGHT. WHAT QUESTIONS DO WE HAVE FOR MR. BROWN FROM THE PERSPECTIVE OF THE CONSERVATION DISTRICT? OH, SPEAK A SPEAK A MOMENT. I'LL, I'M, I'M, I'M OPEN TO QUESTIONS HERE 'CAUSE HE IS TO LEAVE IN A FEW MINUTES, BUT SPEAK TO THIS MEASUREMENT OF THE AVERAGE OF ADJACENT PROPERTIES BECAUSE IT SEEMS LIKE THERE'S THE POTENTIAL THAT THIS PROPERTY AT THE CORNER IS PENALIZED BECAUSE IT'S THE AVERAGE OF ONE AS OPPOSED TO THE AVERAGE OF TWO. WAS THAT AN UNINTENDED CONSEQUENCE OR WAS THAT AN INTENDED CONSEQUENCE? WELL, IT WAS INTENDED TO, UH, KEEP A CONSISTENT SETBACK FROM ONE PROPERTY TO ANOTHER. SO WHETHER IT'S ONE OR TWO, DID I COMMUNICATE CORRECTLY? IT'S THE AVERAGE OF TWO. IT CAN BE THE AVERAGE, BUT IT IS BASED ON THE ADJACENT PROPERTIES. AND IF THERE'S ONLY ONE PROPERTY, IT IS BASED ON ONE PROPERTY. OKAY. SO IF IT'S A PROPERTY, I'LL GO TO MAP. IF IT'S, UM, I'M TRYING TO GET A STREET NUMBER. IF [03:25:01] IT'S 7 0 0 7 AND 7 0 1 1. AND, AND IF THE PROPERTY IS 7 0 1 1, IT'S 7 0 1 5 AND 7 0 0 7 THE TWO ADJACENT TO IT, IS THAT WHAT THIS IS ONE'S ON EITHER SIDE. SO IT'S THE AVERAGE OF THOSE TWO AFFECTS THE MIDDLE? CORRECT. AND YOU KEEP GOING ALL THE WAY IN THE, THROUGH THE ENTIRE TRACK THAT WAY BASED ON ANY ADJACENT. SO ANY PROPERTY THAT DOESN'T HAVE AN ADJACENT, IT DEFAULTS TO THE, TO THE OTHER ONE. AND WAS THAT CLEARLY UNDERSTOOD BY THE STAFF, BY THE PLANNING COMMISSION, BY THE COUNCIL, BY THE NEIGHBORHOOD? IT WAS DISCUSSED AT LENGTH, UH, OVER MANY, MANY MEETINGS. UM, YOU KNOW, WHETHER THAT THAT WAS DISCUSSED DIRECTLY, I DON'T RECALL. BUT IT IS, UH, BASED ON OTHER DISTRICTS THAT HAVE SIMILAR LANGUAGE. SO IT'S NOT OPERATIVE UNTIL SOMEONE REBUILDS OR TEARS DOWN AND REBUILDS? NO, SIR. SO IT'S, DOES, DOESN'T, DOESN'T FORCE A PROPERTY TO COMPLY AS IS 'CAUSE IT'S THIS NON-CONFORMING RIGHT. BUT IF THEY WANTED TO BUILD IN THAT AREA, THAT'S WHAT I'M TALKING ABOUT. YES. THEY'D HAVE TO START FROM SCRATCH. THEY'D HAVE TO DO LIKE THIS PROPERTY AT 7 0 0 3, THEY TORE DOWN, THEN IT APPLIES TO THEM. DID EITHER, WHEREAS THE, THE PROPERTY OWNER AT 7 0 1 9, IT DOESN'T APPLY TO 'EM IF THEY JUST ARE AS IS. NO, SIR. IT ESTABLISHES THE SETBACKS, SO YES. BUT THEY'RE, YOU'RE NOT FORCING TO TEAR DOWN THEIR HOUSE. NO. BUT IF THEY WERE TO ADD ON IN AN AREA THAT WOULD BE IN THAT NEW ESTABLISHED SETBACK. SO IS THERE, IS THERE A MECHANISM WITHIN THE CITY BY WHICH TRIGGERS THIS ENFORCEMENT? I'M TRYING TO GET TO HOW DOES IT AFFECT A NEW CONSTRUCTION VERSUS EXISTING IN PLACE? I'M TRYING TO, I'M GONNA GO BACK TO THE PROPERTY OWNER THAT BOUGHT THE LOT, DECIDED TO DEMOLISH. AND WHAT IS IT THEY SHOULD HAVE OR DID KNOW AT THE TIME THEY PURCHASED, AT THE TIME THEY DEMOLISHED, AT THE TIME THEY MADE APPLICATIONS. SO AN EXISTING HOME. UH, TO, TO GO BACK TO YOUR EARLIER QUESTION, IF THERE'S AN EXISTING HOUSE, IT IS DEEMED CONFORMING TO THE SETBACK. SO EVEN IF THEY WERE TO TRY AND GOTCHA. PUT A SECOND STORY ON IN THE FRONT, IT WOULD BE, SO EVERYTHING'S DEEMED TO BE CONFORMING? CORRECT. BUT NOW THAT, UH, NEW CONSTRUCTION AND WHAT'S DEFINED AS NEW CONSTRUCTION SCRAPING AND STARTING OVER OR IN AN IN ADDITION, THAT WOULD'VE BEEN SCRAPING AND STARTING OVER AS IT PERTAINS TO THE FRONT YARD SETBACK. SO IF, UH, THE HOUSE AT 7 0 1 1 WANTED TO ADD SOMETHING TO THE HOUSE, CAN HE DO THAT OR DOES HE HAVE, HE OR SHE HAVE TO COMPLY WITH A NEW SETBACK RULE? I'M SORRY, WOULD YOU REPEAT THAT? I'M JUST PICKING A HOUSE. 7 0 1 1. IF 7 0 1 1 WANTED TO ADD, MAKE AN ADDITION TO THE HOUSE DOES AND THEY WANTED TO GO OUT FAR CLOSER TO THE STREET, IT WOULD BE BASED ON THE ADJACENT SETBACKS OF THE NEW STANDARD? NOT OF THE, OF THOSE EXISTING HOMES ON EITHER SIDE, YES. BUT OF THE NEW CONSERVATION DISTRICT? CORRECT. OKAY. OKAY. QUESTIONS, MR. HAITZ. UM, IF IT'S THE AVERAGE OF ADJACENT PROPERTIES, WHY IS THE PROPERTY IMMEDIATELY BEHIND IT, WHICH IS ALSO ADJACENT? WHY IS THAT NOT INCLUDED? BECAUSE OF HOW FRONT YARD IS DEFINED IN THE ORDINANCE. AND ALSO, UM, IT WAS INTENDED TO AGAIN, MAINTAIN THE CONTINUITY OF THOSE BLOCK FACES. SO IT HAS TO DO WITH THE, THE STREET THAT THE PROPERTY FRONTS UPON. IT IS, DOES THAT LEVEL OF SPECIFICITY IN THAT DIRECTION? THAT IS THAT YOU'RE TALKING ABOUT ADJACENT PROPERTIES ON THE SAME STREET? SO THE ORDINANCE ITSELF READS THAT FOR NEW CONSTRUCTION AND ADDITIONS, THE MINIMUM FRONT YARD IS EQUAL TO THE AVERAGE SETBACK OF THE ADJACENT LOTS AS DETERMINED BY A STATE LICENSE ARCHITECT, LAND SURVEYOR OR ENGINEER MAXIMUM SETBACK MAY NOT EXCEED 10 FEET FURTHER BACK THAN THE AVERAGE SETBACK OF ADJACENT LOTS. AGAIN, TO TRY AND ENSURE THAT, THAT THERE'S NOT A LOT OF IN AND OUT, UH, BECAUSE THAT'S NOT A CONDITION FOUND IN THE NEIGHBORHOOD. SO REALLY THE HOUSE ON WEST SHORE DRIVE THAT'S BEHIND THE SUBJECT PROPERTY 27 16. THANK YOU. AND IS ADJACENT TO IT, UM, IT'S NOT EXCLUDED FROM THE CALCULATION IN THAT SENTENCE THAT YOU READ THAT STATEMENT? WELL, IT IS BECAUSE FRONT YARD MEANS THE PORTION OF A LOT, WHICH ABUTS A STREET AND EXTENDS ACROSS THE WIDTH OF A LOT BETWEEN THE STREET AND THE MAIN BUILDING LINES PARALLEL TO AND EXTENDING OUTWARD FROM THE FRONT FACADE OF A MAIN BUILDING. SO WE DEFINE A FRONT YARD AS AGAIN, THE, THE STREET THAT IT'S FRONTING UPON. WHAT [03:30:01] ARE THE QUESTIONS DO WE HAVE FOR MR. BROWN AS IT RELATES TO THE ESTABLISHMENT OF CONSERVATION DISTRICT TWO, TRACK FOUR, MS. DAVIS? I I, YOU MAY OR MAY NOT BE ABLE TO ANSWER THIS QUESTION, BUT WAS IT HEAVILY PUBLICIZED EVERYTHING THAT WAS GOING ON WITH US WITH ALL THE TOWN HALL MEETINGS AND EVERYTHING? SO IT WAS NOTICED, UM, IT WAS ALSO ON THE CITY WEBSITE. THERE WERE MULTIPLE ARTICLES WRITTEN IN VARIOUS PUBLICATIONS. UH, THERE WERE SIGNAGE POSTED THROUGHOUT THE PROCESS. THERE WERE LOTS OF NOTIFICATIONS FOR NEIGHBORS IN THIS AREA? YES. WHAT KIND OF SIGNAGE? UH, ZONING CHANGE SIGNAGE. OKAY. ALL RIGHT. THANK YOU. WHAT ARE THE QUESTIONS FOR MR. BROWN IN HIS CAPACITY LEADING THE CONSERVATION STAFF AND PROCESS ON CD TWO TRACK FOUR? MR. HAITZ? SORRY, COULD YOU, SO THIS LOT, THE SUBJECT LOT HAS, I GUESS TWO FRONT YARDS ON ONE ON SHORE DRIVE AND ONE ON HOOK ALONG. WOULD THAT BE CORRECT? NOT PER THE DEFINITION. IN THE ORDINANCE OF FRONT YARD, THE ORDINANCE DEFINES FRONT YARD AS THE PORTION OF A LOT, WHICH ABUTS A STREET AND EXTENDS ACROSS THE WIDTH OF THE LOT BETWEEN THE STREET AND THE MAIN BUILDING AND LINES PARALLEL TO AND EXTENDING OUTWARD FROM THE FRONT FACADE OF THE MAIN BUILDING. SO WHEN WE'RE TALKING ABOUT CREATING AN ADJACENT, UM, UH, ESTABLISHING A FRONT YARD SETBACK FOR THIS PROPERTY, IT'S ONLY BASED ON THE ADJACENT PROPERTY FRONTING ON THAT SAME STREET ALL, ALTHOUGH NOT IN A CONSERVATION DISTRICT, THAT THAT'S AN EXCEPTION TO THE, THE GENERAL RULE OF THE CITY, WHICH IS THAT WOULD, IF IT WASN'T A CONSERVATION DISTRICT, IT WOULD HAVE TWO FRONT YARD SETBACKS. THAT'S CORRECT. THANK YOU. ANY OTHER QUESTIONS? AND THEN WE'RE GONNA GO BACK TO SPEAKERS. MS. DAVIS, THROUGHOUT THIS PROCESS, I, I'M ASSUMING THE NEIGHBORHOOD GOT TOGETHER, THEY'RE THE ONES THAT INITIATED THIS. WERE THERE PEOPLE IN THE NEIGHBORHOOD THAT DID NOT WANT THIS? ARE ARE, ARE YOU AWARE? SURE. YEAH. WAS IT A SMALL, MAJOR MINORITY? LARGE MINORITY. SO TO INITIATE THIS PROCESS, THEY HAD OVER 76% SIGN A PETITION STATING THAT THEY WISH TO CREATE A CONSERVATION DISTRICT IN TRACK FOUR OR IN ALL THE C IN THIS, IN THIS AREA. THE TRACK FOUR SPECIFICALLY? CORRECT. OKAY. MM-HMM . DO YOU HAVE ANY IDEA HOW MANY, UM, HOW MANY HOUSES THAT IS? IT WAS INITIALLY 275, I BELIEVE. THANK YOU. IT'S INTERESTING THAT NOT ALL TOON IS INCLUDED IN TRACK FOUR. IT'S CUT IN HALF. VERY OBSERVANT. IS THAT A SMART ASS COMMENT IN YOUR, YOUR PART? NO, SIR. NO SIR. CITY COUNCIL. THAT'S KIND OF A SMART ASS COMMENT. CITY COUNCIL WOULDN'T THAT AND I WAS COMPLIMENTING YOU EARLIER AND NOW ALL OF A SUDDEN A SMART ASS. WELL, I, I'M COMPLIMENT I'M COMPLIMENTING YOU FOR NOTICING BECAUSE CITY COUNCIL, YOU KNOW SOMETHING. THAT'S WHY THEY PAY US WITH ICED TEA AND COFFEE AT 4:49 PM SO CITY COUNCIL, NO. THAT'S PART OF OUR JOB TO BE ABLE TO GO THROUGH THIS AND, AND FIGURE THIS OUT AFTER A WHILE. BUT I'LL FORGIVE YOU FOR YOUR SMART ASS COM. CITY COUNCIL MODIFIED THE BOUNDARIES AT THE FINAL COUNCIL MEETING. REALLY? YES. OKAY. MS. DAVIS, DID YOU HEAR THAT? I'M SORRY. SO, NO, NO, THAT'S ALL RIGHT. SO MY, MY SMART ASS QUESTION WAS TOON WAS CUT IN HALF, AND I'M JUST LOOKING AT OUR DOCKET. PAGE 1 94 AND IT'S, HMM, THAT'S INTERESTING. I WONDER WHY TOON WAS CUT OFF YET ALL OF LAKEWOOD WAS INCLUDED AND YOU SAID YOU WERE VERY OBSERVANT CITY COUNCIL TALKING ABOUT THAT. AND THAT CITY COUNCIL DID MODIFY THE BOUNDARIES AT THE FINAL MEETING. WOW, THAT'S INTERESTING. THEY DID MODIFY. THEY DID. THEY TOOK THE OTHER PORTION TOOK ON OFF. YES, SIR. IT SMALL. THEY THEY SHRUNK IT. YES. OKAY. GUESS WHAT? THAT'S THE WAY THE PROCESS IS SUPPOSED TO WORK. PLANNING, UH, COMMUNITY MEETINGS, PLANNING COMMISSION COUNCIL. OKAY. ANY OTHER QUESTIONS FOR MR. BROWN? I'M GLAD WE'RE PAYING ATTENTION. THANK YOU VERY MUCH MR. BROWN. GOOD LUCK ON YOUR COMMUNITY MEETINGS TONIGHT. THANK YOU VERY MUCH. THANK YOU VERY MUCH. ALRIGHT, NEXT SPEAKER, MS. WILLIAMS. MR. OTTO MARQUEZ. HELLO, MR. CHAIRMAN AND BOARD MEMBERS. MY NAME IS OTTO MARQUEZ. I LIVE ON 70 11 LAKEWOOD BOULEVARD. I LIVED THERE FOR 30 YEARS. I THINK IT'S ONE OF THE PRETTIEST NEIGHBORHOODS IN LAKEWOOD. I MEAN, IN, IN DALLAS. [03:35:04] TOLAND DRIVES DISTINCT CHARM STEMS FROM THOROUGHLY PLANNED RESIDENTIAL LAYOUTING RECOGNIZED AS ONE OF DALLAS'S MOST BEAUTIFUL STREETS. THE HOMES ARE ABOUT 62 FEET FROM THE STREET, UH, IN, UH, IN, IN A NATURAL INCLINE THAT, THAT CREATES A SENSE OF OPENNESS AND VISUAL HARMONY, CREATING A DESIRABLE STREET, BUILDING THIS HOUSE. THINK THE RICK'S HOUSE WILL PUT A WALL BLOCKING ALL HIS HOUSE. YOU CAN'T EVEN SEE WEST ON THE OMO. I MEAN, THAT'S JUST, THAT'S JUST DISGUSTING. UH, UH, THE CURRENT PROPOSAL SEEKS FUNDAMENTAL DISMANTLING OF THE CHAIR'S DESIGN INTEGRITY. THE PROPOSED STRUCTURE WOULD PROTRUDE 22 FEET, CREATING AN A JARRING VISUAL IMPACT. THE SQUA IS, THE SCALE IS EQUALLY ALARMING. THE INITIAL PROPOSAL WAS 46, UH, 46,000 SQUARE FEET LARGER THAN ANY HOME ON THAT NORTH SIDE OF THE BLOCK. THE AVERAGE HOUSE ON THAT BLOCK IS 3084 SQUARE FEET. 3084 SQUARE FEET. SIR, YOU SAID 46,000, YOU MEAN 46. 4,600. SORRY. THANK YOU. OKAY, THANK YOU. 4,600. UM, CURRENTLY, CURRENTLY THEY'RE SEEKING, I HEARD 7,000, BUT 5,500 STILL TOO BIG FOR THAT LOT. IT'S HUGE, HUGE, UH, WITH, WITH MAXIMUM COVERAGE OF 40%, THIS IS GROSSLY OUTTA CHARACTER AND SCALE WITH THE EXISTING HOMES AND ESTABLISH AMBIENCE OF THE STREET. SUCH AN OVER, SUCH AN OVERSCALED AND FORWARD PLACE STRUCTURE WOULD GREATLY DIMINISH THE STREET'S AESTHETIC AND VALUE ADJACENT PROPERTIES. I RESPECTFULLY REQUEST THAT YOU CONSIDER A PROFOUND AND IRREVERSIBLE NEGATIVE IMPACT THIS WOULD HAVE ON OUR COMMUNITY. AND VOTE NO PLEASE. THANK YOU FOR YOUR CONSIDERATION. THANK YOU VERY MUCH, SIR. AND YOU SAID YOU LIVE ON TOLO? TWO STREETS OVER. THANK YOU, MS. CHRISTIE. GO LEY. CHRISTIE, GO. THANK YOU GUYS FOR YOUR TIME TODAY. UM, I'M CHRISTIE, GO AT 7,048 TOLO DRIVE. I AM ACROSS THE STREET, DOWN SEVEN HOUSES IN THE SAME BLOCKS BETWEEN WINSTON AND WEST SHORE. UM, WE MOVED TO THIS BLOCK JUST LAST YEAR, AND WE CHOSE IT FOR ABSOLUTELY WHAT YOU'VE HEARD TODAY. IT'S A BEAUTIFUL BLOCK. IT'S CHARMING, IT'S HISTORIC. IT'S ABSOLUTELY ONE OF THE MOST REVERED BLOCKS IN THE ENTIRETY OF DALLAS. UM, SO YOU HAD MENTIONED MR. CHAIRMAN A FEW THINGS EARLIER THAT GET YOU FIRED UP WHEN I HEARD ABOUT THIS ONE AND WHAT WAS BEING PLANNED ON THIS, UM, ABSOLUTELY THIS FIRED ME UP. AND, UH, THE WORD THAT'S COME COMING TO MIND, NOT ABOUT THE DESIGN ITSELF, BUT ACTUALLY WHAT IT STOOD FOR AND WHAT IT WAS ASKING FOR IS MONSTROSITY. SO THERE'S A FEW DIFFERENT THINGS HERE. OBVIOUSLY THE GOAL OF THIS CONSERVATION DISTRICT IS TO PROTECT THE PHYSICAL ATTRIBUTES OF THE BLOCK IN THE HOUSES ON IT. THERE ARE THREE DIFFERENT POINTS I WANNA RAISE THAT SAY THAT THIS IS COMPLETELY IN CONFLICT WITH THAT GOAL AT THIS CONSERVATION DISTRICT, THAT WHICH WAS APPROVED. SO ONE IS THE SETBACK. THAT'S WHAT'S BEING ASKED HERE. ALL RIGHT? THE SETBACK IS SUPPOSED TO BE IN LINE WITH ITS NEIGHBORS. I THINK THERE WERE SOME POINTS RAISED IN THE WHOLE, LIKE IS IT THE AVERAGE OF THE TWO AROUND IT? THAT'S A MOOT POINT BECAUSE ACROSS THE STREET ON WEST SHORE, THAT HOUSE HAS A SIGNIFICANT SETBACK AS WELL. SO YOU CAN GO AHEAD AND AVERAGE THE TWO, THE ONE, REGARDLESS IF YOU'RE GOING ALONG TO ALONG, IF YOU WERE TO BUILD A FURTHER OR A CLOSER SETBACK, IT'S GOING TO BE AN OBSTRUCTION. SO IS IT CONSISTENT WITH THE NEIGHBORS? NO, IT'S NOT. THE SECOND. AND SOMETHING ON THE BENGAL CASE EARLIER, THE SAFETY OF THIS, IT'S ON THE CORNER. WEST SHORE IS A DOWN SLOPING, AND IT'S, IT'S A BUSY RESIDENTIAL STREET AND PEOPLE GO QUITE FAST. IF YOU'RE TURNING FROM TOKO ON ONTO IT, NUMBER ONE, YOU ALREADY HAVE LOOK AND OBSERVE. IT'S A TWO-WAY STOP, NOT A FOUR-WAY STOP. SO CARS HAVE TO BE ABLE TO HAVE CLEAR VISIBILITY TO TURN TRAFFIC. AND THEN ALSO KIDS. THIS IS A RESIDENTIAL NEIGHBORHOOD. THERE'S A LOT OF KIDS, INCLUDING MY OWN. I HAVE TWO YOUNG KIDS WHO GO TO ELEMENTARY SCHOOL AND JUNIOR MIDDLE SCHOOL, WE CALL IT. THEY ARE USING THE BIKES, THEY'RE GOING TO THE ELEMENTARY SCHOOL AND THEY'RE TAKING WESTSHORE, THEY'RE TURNING ON. SO IF THEY DON'T HAVE VISIBILITY, NOT ONLY CARS HAVING TO LOOK AROUND, YOU HAVE PEOPLE, A VERY, UM, YOUNG FAMILY COMMUNITY. AND SO THERE'S A SAFETY FACTOR. ANYTHING THAT'S REDUCING VISIBILITY IS A SAFETY FACTOR. THE THIRD THING IS THE SIZE. OKAY, THIS, THE REASON FOR THIS SETBACK, NEEDING TO BE RECONSIDERED. DEVELOPERS, REPRESENTATIVES SAYING THEY NEED TO HAVE, UM, A LARGER SIZE. SO THE THING IS, THE EXISTING BLOCK, THE AVERAGE SIZE IS ABOUT 3000 SQUARE FEET FOR THESE HOMES. A 5,500 SQUARE FOOT HOME IS 83% BIGGER THAN THE HOMES AROUND IT. IF YOU ALSO, AS A DEVELOPER, IF YOU HAVE SYMPATHY FOR WHAT THEY'RE TRYING TO DO, THEY WANNA SELL IT, RIGHT? SELLABILITY, WHEN YOU LOOK AT COMPS OF WHAT SOLD IN THE LAST THREE MONTHS, THOSE SIX HOMES AND BE VERY IMMEDIATE, NEW BLOCK RADIUS, THE AVERAGE SQUARE FOOT WAS 3,500 [03:40:01] SQUARE FEET. FOR THE OTHER HOMES THAT ARE CONTINGENT IN THE SAME BLOCK RADIUS AROUND US, THERE'S 12 MORE HOMES. THEIR AVERAGE IS 3,600 SQUARE FEET. SO OF ALL THE 18 HOMES THAT ARE COMPS FOR ANYONE WHO WANTS TO SELL, RIGHT NOW, THE AVERAGE IS 3,500 SQUARE FEET. YOU DON'T NEED TO BUILD A 5,500 SQUARE FOOT HOUSE TO SELL A HOUSE AND BLAH. UM, I ALSO JUST WANNA COMMENT ON A COUPLE OF THOSE POINTS WHEN THEY ALSO TALK ABOUT SIZE. WHEN HE MENTIONED THE GARAGE, THAT THE ACCESS POINT BEING OFF WEST SHORE HAS NOTHING TO DO WITH NEEDING A DIFFERENT SIZE, BUT THE GARAGE IS GONNA BE THERE REGARDLESS OF HOW YOU ACCESS IT. AND THE OTHER THING ABOUT THE FLOOR PLAN, COMPLETELY AGREE. CERTAIN ROOMS SHOULD BE ON THE BOTTOM FLOOR. THAT'S WHAT PEOPLE WANT. THAT'S WHAT THEY EXPECT. YOU CAN JUST MAKE 'EM SMALLER. THEY DON'T HAVE TO BE SO BIG. SO THE HOUSE, UM, I DO THINK VISUALLY LOOKED VERY NICE. I DO THINK IT'S REALLY GOING AGAINST ALL THE THINGS THAT CBT STANDS FOR. AND, UM, I APPRECIATE YOU HEARING US OUT. THANK YOU. THANK YOU VERY MUCH FOR YOUR COMMENTS, MR. HOR CHU. MY NAME IS WOLFORD CHU. I LIVE AT 71 19 LAKE SHORE DRIVE. WHERE I LIVE IS AT THE INTERSECTION OF LAKESHORE. AND WHEN LAKESHORE AND TO LONG COME TOGETHER, I LIVE ABOUT A ONE BLOCK AWAY FROM THE BLOCK WE'RE TALKING ABOUT. MY WIFE AND I HAVE LIVED THERE FOR 27 YEARS. PRIOR TO THAT, WE LIVED IN OLD EAST DALLAS FOR 17 YEARS. THE GENTLEMAN THAT WAS SPEAKING FOR THE BUILDER BEFORE WAS, WAS CORRECT IN THAT THE SETBACK ALONG THAT SIDE OF TOLO IS INCONSISTENT. UM, AND THAT'S BECAUSE WHEN YOU WALK DOWN TOKO LONG, THE FRONT OF THE HOUSES ON THAT BLOCK, ON THAT SIDE OF THE BLOCK ARE JUST CONSISTENT. AND THAT'S WHAT WE'RE TALKING ABOUT IS, UM, NOT SO MUCH THE SETBACK IN NUMBERS, BUT THE LOOK AND TO PUT A HOUSE 21 FEET IN FRONT OF THE OTHERS WHEN THE VARIANCES OF THE, THE, THE OTHER EIGHT OR SO HOUSES ON THAT. IT'S JUST, IT'S JUST CRAZY. AND WE ALL, A NUMBER OF US HERE AND LOTS OF OTHER PEOPLE THAT WERE INVOLVED FOR THE TWO AND A HALF YEARS AND GOING THROUGH THE PROCESS, LOOK TO HELP CREATE A, A, A SUPPORTIVE MECHANISM THAT THE CITY HAD SET UP. AND IT'S TO ADDRESS THINGS LIKE THIS, THAT IT, THAT HAVING A HOUSE 21 FEET FORWARD IS NOT APPROPRIATE. AND I ENCOURAGE YOU TO, UM, DENY THE REQUEST. THANK YOU, SIR. MS. KELLY THARP. MS. CYNTHIA TIMS, THANK YOU. MY NAME IS CYNTHIA TIMS. I LIVE AT 7 0 0 8 LAKE SHORE DRIVE, UH, THAT IS WITHIN THE 200 FOOT RADIUS. UH, WE HAVE LIVED AT THAT HOME FOR 34 YEARS. I WANT TO, UH, TIME PERMITTING ADDRESS, UH, THE THREE CRITERIA THAT THIS, UH, UH, COMMITTEE WILL BE LOOKING AT, UH, STARTING WITH, UH, CONTRARY TO PUBLIC INTEREST. YES, IT IS CONTRARY TO THE PUBLIC INTEREST. UH, WE JUST A YEAR AGO WRAPPED UP, UM, A LENGTHY HARD FOUGHT, UM, BATTLE FOR TO FORM, UH, THE, UH, FRAC FOUR OF CD TWO. I WANT TO NOTE FOR THIS COMMITTEE TODAY THAT YES, THERE WAS OPPOSITION TO THAT CD. SOME OF THE PEOPLE WHO ARE HERE TODAY IN OPPOSITION TO THIS VARIANCE OPPOSE CD TWO, BUT THEY OPPOSE THIS VARIANCE, UM, EVEN THOUGH THEY WERE NOT IN FAVOR OF CD TWO. LET ME GIVE YOU SOME TIME, UH, FRAMED, UM, BECAUSE THE, YOU'VE BEEN ASKING ABOUT THEM. UM, THE, THE CD TWO TRACT FOUR EFFORTS BEGAN IN THE SUMMER OF 2022. WE HAD MANY, MANY MEETINGS GOING INTO THE SPRING OF 2023. UH, THE ORDINANCE CAME BEFORE THE, UH, CITY PLANNING COMMISSION IN NOVEMBER OF 2024. UH, THE CITY, UH, PLANNING COMMISSION APPROVED IT, BUT THEN SAID THAT THEY WERE GOING TO SUGGEST THAT IT BE SHRUNKEN AND THAT SOME BLOCKS BE REMOVED. THE 7,000 BLOCK OF TOON REMAINED IN THE RECOMMENDED AREA FOR THE, UM, FOR [03:45:01] THE CD TWO EXPANSION. IT THEN CAME BEFORE THE CITY, UH, UH, THE CITY COUNCIL IN FEBRUARY. I BELIEVE IT WAS FEBRUARY 26TH, 2025. IT WAS PASSED UNANIMOUSLY. AND THE CITY COUNCIL THEN INSERTED A 30 DAY, APPROXIMATE 30 DAY DELAY UNTIL THE END OF MARCH BEFORE IT TOOK EFFECT. AND SO THIS PROPERTY CHANGED HANDS. THE DEED TRANSFER DATE IS DECEMBER 17TH, 2024. THAT IS, UH, CLOSE TO A MONTH AFTER THE CD TWO EXPANSION WAS APPROVED BY THE PLANNING COMMISSION. IT WAS ALSO MORE THAN THREE MONTHS BEFORE THE CD UH, EXPANSION WENT INTO EFFECT. THEY HAD THAT TIME PERIOD TO DO SOMETHING. LET ME ALSO, UH, ADDRESS THE NECESSARY TO PERMIT DEVELOPMENT. IT IS UNNECESSARY. WE HAVE TALKED ABOUT THE SIZE OF HOMES THAT CAN GO IN THERE. AND LET'S FACE IT, THERE WAS A HOUSE ON THIS LOT FOR OVER 60 YEARS. YOU CAN BUILD A HOUSE ON THIS LOT AND HAVE THIS SETBACK. THIS WAS THE SETBACK THAT THAT HOUSE HAD. AND FINALLY, ON THE SELF-CREATED HARDSHIP, I HAVE COVERED THE FACT THAT THEY HAD NOTICED THEY SHOULD HAVE, UH, THEY WERE ABLE, WHEN THEY BOUGHT THIS HOUSE TO GO READ THE ORDINANCE THAT WOULD BE ADOPTED. IT HAD PLA UH, PASSED THE PLANNING COMMISSION. UM, THE LOT IS THE SAME SIZE. IT IS THE SAME SHAPE THAT IT WAS WHEN THEY BOUGHT IT. THEY BOUGHT THIS LOT AS IT IS WITH ALL OF THESE RESTRICTIONS COMING DOWN THE PIKE. YOU COULD JUST LOOK UP AND YOU COULD SEE THEM. THEY MAY HAVE BOUGHT IT ON THE HOPE AND A PRAYER THAT THEY WOULDN'T COME TO PASS, BUT THAT WAS TAKING AN AWFULLY BIG RISK. AND THE RISK IS ON THEM SO THEY CAN, THEY CAN BUILD A HOUSE WITH A 60 FOOT FOOT, UH, SETBACK. THERE ARE PLENTY OF HOUSES ON LAKEWOOD BOULEVARD, SAME SIZE LOT 10,500 WITH A 60 FOOT FOOT BACK SETBACK. AND, AND THEY'RE FINE. AND THANK YOU VERY MUCH. I URGE YOU TO VOTE NEXT. THANK YOU, MA'AM FOR YOUR COMMENTS. MR. MARK BESLEY. OKAY, MS. LINDA BESLEY. MR. . UNDERSTOOD. OKAY. UM, MS. SUMMER LOVELAND. HI, I'M SUMMER LOVELAND. I LIVE AT 70 31 LAKEWOOD BOULEVARD, ABOUT TWO BLOCKS FROM THE SUBJECT PROPERTY. I AM OPPOSED TO THE PROPOSED VARIANCE. UM, OUR AREA WORKED EXTREMELY HARD FOR THOSE OF US WHO WERE ON THE COMMITTEE, UM, THAT INITIALLY CONTACTED THE CITY ABOUT THE CONSERVATION DISTRICT EXPANSION. WE WORKED FOR FOUR, ALMOST FOUR YEARS ON THIS. UM, TO EXPAND THE CD, INCLUDING THIS BLOCK OF TOKO ON ONE OF THE KEY DRIVERS THROUGH THIS PROCESS WAS FRONT SETBACK. I KNOCKED ON, I WENT DOOR TO DOOR THROUGH THE PROCESS. I TALKED TWO HUNDREDS OF NEIGHBORS, LITERALLY THROUGH THE PROCESS. AND FRONT SETBACK WAS A TOP, TOP PRIORITY FOR MOST NEIGHBORS. THAT IS WHY WE HAVE NEIGHBORS WHO WERE OPPOSED AND WERE ON THE 6,900 BLOCK OF TOON WHO ENDED UP GETTING CUT OUT OF THE MAP. UM, THEY WERE STRONGLY OPPOSED, BUT THEY WROTE EMAILS TO YOU FOR THIS, IN OPPOSITION TO THIS VARIANCE. AND THEY'RE HERE, SOME OF THEM TODAY. UM, FRONT SETBACK WASN'T SOMETHING THEY WERE OPPOSED TO. THEY WERE OPPOSED TO STYLE AND OTHER THINGS AND PROCESS, BUT NOT THE FRONT SETBACK. UM, MAINTAINING IT IS, IS A KEY, KEY THING FOR OUR NEIGHBORHOOD. UM, THE SPEC BUILDER WHO OWNS THIS LOT, WHO CLAIMS THAT THEY CAN'T BUILD A HOME COMPARABLE WITH OTHERS IN THE AREA, THAT'S JUST FALSE. THEY, THEY SENT A LETTER TO THOSE IN THE 200 FOOT RADIUS, YOU KNOW, SAYING THEY COULDN'T, THEY COULDN'T DO THAT. THIS IS NOT A HARDSHIP FOR THEM. UM, AS CYNTHIA POINTED OUT, IT'S SOMETHING THEY CHOSE WHEN THEY BOUGHT THIS LOT. THIS WAS WELL PUBLICIZED TO TREVOR'S POINTS. UM, IT WAS IN THE ADVOCATE, IT WAS IN THE DALLAS MORNING NEWS. IT, THERE WERE SIGNS ALL OVER THE NEIGHBORHOOD, PRO AND CON, UM, FOR MONTHS AND MONTHS. AND THERE WERE 18 TOTAL NEIGHBORHOOD MEETINGS. UM, SO THE BUILDER SHOULD HAVE BEEN WELL AWARE OF WHAT HAD PASSED UNANIMOUSLY THROUGH CPC, UM, A MONTH BEFORE THEY BOUGHT THE HOUSE. UM, MY HOUSE HAS A 60 FOOT SETBACK. I'M ON A 10,200 SQUARE FOOT LOT SMALLER THAN THIS ONE. UM, MY WHOLE BLOCK ON LAKEWOOD BOULEVARD HAS A 60 FOOT SETBACK WITH THAT SIZE A LOT. IT WORKS JUST FINE FOR [03:50:01] MANY HOMES IN THE NEIGHBORHOOD. UM, THE AVERAGE HOME ON THE TOKA LAWN BLOCK, WE'RE TALKING ABOUT 7,000 BLOCK IS LESS THAN 3,500 SQUARE FEET IN SIZE. UM, THE AVERAGE SIZE ON THE NORTH SIDE OF THE BLOCK WHERE THIS LOT IS, IS LESS THAN 3,100 SQUARE FEET. UM, THE BUILDER'S PLANNING TO BUILD SOMETHING, YOU KNOW, AL ALMOST MORE THAN DOUBLE THAT SIZE. UM, THE TWO HOMES ADJACENT ARE 1,754 SQUARE FEET AND 1,636 SQUARE FEET. THE ONE BEHIND IT, UM, A PLAN MARKETED ON THE BUILDER'S WEBSITE IS APPROXIMATELY 4,600 SQUARE FEET. AND EVEN THAT, I MEAN THAT YOU COULD BUILD WITH NO VARIANCE. AND IT'S LARGER THAN 76% OF THE HOMES ON THE BLOCK. THE BUILDER CLAIMS THAT THIS IS, UM, A SMALLER LOT THAN OTHERS IN THE AREA. THERE'S A LOT OF VARIATION IN OUR LOTS THROUGHOUT LAKEWOOD, ESPECIALLY ON THIS BLOCK. FOR THE BUILDER OR THEIR CONSULTANTS TO USE. THE AVERAGE OF LOT SIZE ON THIS BLOCK IS MISLEADING. THE SOUTH SIDE OF THE BLOCK HAS SOME LOTS THAT ARE UP TO 60,000 SQUARE FEET. SO, UM, THAT'S, THAT'S NOT WHAT YOU'RE LOOKING AT WHEN YOU'RE LOOKING DOWN THE NORTH SIDE OF THE BLOCK WITH THE HOUSE. WE'RE THE LOT WE'RE TALKING ABOUT. UM, IT IS COMPARABLE TO MANY OTHERS IN THE, THE NEIGHBORHOOD. UM, PRIOR TO THE NEW ORDINANCE TAKING EFFECT, THE BUILDER DRASTICALLY ALTERED THE SLOPE OF THE LOT. THIS IS ANOTHER THING THAT WAS IMPORTANT TO NEIGHBORS THROUGH THE CONSERVATION DISTRICT PROCESS, AND THEY WOULDN'T HAVE BEEN ABLE TO DO THAT UNDER THE NEW ORDINANCE. THEY DID IT BEFORE. THE ORDINANCE WAS, UH, UM, PUT INTO EFFECT AFTER COUNCIL VOTED. UM, THEY ACTUALLY WERE CITED FOR BUILDING WITHOUT A PERMIT WHEN THEY DID THAT WORK. UM, AND THEY WERE MOVING A LOT OF DIRT AND PUT UP A RETAINING WALL IN THE BACK OF THE LOT, UM, FOR ALL THE DIRT THAT THEY DUG OUT. AND, UM, GOT A CITATION FROM THE CITY FOR DOING THAT WITH NO PERMIT. JUST BLATANT DISREGARD FOR CITY CODE. UM, THEY'VE LEFT THE LOT UNMAINTAINED. THEY'VE BEEN CITED FOR WEEDS, UM, AND DEBRIS MULTIPLE TIMES. UM, THE BUILDER HAD ALSO CAUSED SIGNIFICANT DAMAGE TO THE LARGE MATURE TREE ON MR. MR DAM ROSE'S YARD. UM, WHEN THEY WENT AND DEMOED OR TOOK DOWN ALL THE TREES ON THE WHOLE LOT, WITH THE EXCEPTION OF THE PARKWAY, THEY CHOPPED A BIG LIMB OFF OF HIS TREE, DAMAGING IT. UM, THIS IS THE FIRST NEW HOME CONSTRUCTION WITH WITHIN THE EXPANDED CD BOUNDARIES SINCE OUR ORDINANCE BECAME EFFECTIVE. AND THIS HEARING ISN'T JUST ABOUT ONE LOT. IT'S SET GOING TO SET PRECEDENTS. IT'S ABOUT PRECEDENTS WITHIN OUR CONSERVATION DISTRICT. IT'S GOING TO CREATE A DOMINO EFFECT IF THEY ARE ALLOWED TO HAVE THIS 20 FOOT VARIANCE, 21, IT'S GOING TO IMPACT THE HOUSES TO THE EAST AS THOSE COULD BE TORN DOWN IN THE FUTURE. THEY ARE SMALLER SIZE HOMES, THEIR RANCH STYLE, AND THAT STYLE IS NOT PROTECTED BY THE CONSERVATION DISTRICT ORDINANCE AS OTHER HISTORIC STYLES ARE. SO WHEN THOSE ARE TORN DOWN, THEN IT'S GONNA LOOK TO NOW THIS SETBACK ON THIS LOT IN CALCULATING THE AVERAGE. AND IT'S JUST GONNA DOMINO AS THE TWO RANCHES. UM, NEXT TO IT ARE PROBABLY FUTURE CONSTRUCTION, UM, BASED ON CITY CODE. I MEAN, THE PURPOSE OF THE CONSERVATION DISTRICT IS TO PROTECT THE PHYSICAL ATTRIBUTES OF THE NEIGHBORHOOD AND PROMOTE DEVELOPMENT OR REDEVELOPMENT THAT IS COMPATIBLE WITH THE EXISTING NEIGHBORHOOD. THIS VARIANCE GOES AGAINST JUST FLIES IN THE FACE OF BOTH OF THOSE OBJECTIVES OF A CD. UM, I HAVE A QUOTE FROM ALBERT DYNES, WHO WAS ONE OF THE ORIGINAL DEVELOPERS OF LAKEWOOD IN THE TWENTIES. UM, IN AN INTERVIEW THAT HE DID IN THE SEVENTIES WITH THE DALLAS PUBLIC LIBRARY, HE SAID, WE DECIDED THAT WE WOULD DEVELOP ON THE BASIS OF BUILDING FINE HOMES, MAKING OUR STREETS SO THAT THE PLOTS WERE DEEP AND WE WOULD HAVE BEAUTIFUL FRONT YARDS. WE'RE PLEASED WITH WHAT HAS HAPPENED BECAUSE IT'S GOOD FOR POSTERITY AND IT'S GOOD FOR THE CITY OF DALLAS TO HAVE A SECTION LIKE THIS. PLEASE UPHOLD THE SPIRIT OF OUR ORDINANCE BY DENYING THIS VARIANCE. THANK YOU VERY MUCH. MR. MEYER. MIKE STARCHER. MIKE STARCHER, 68 65 TO LAWN WHERE I LIVE, JUST UP THE BLOCK. WELL, NO, I'M THE GUY THAT PROBABLY FOUGHT SUMMER HARDER THAN ANYBODY ELSE. I I DIDN'T HAVE TIME TO GO HOME AND GET MY NOTICE, ED TWO SHIRT. BUT AS FAR AS NOTICES AND EVERYTHING ELSE, WE PRINTED SIGNS LIKE YOU WOULD'VE HAD TO DRIVE DOWN THE STREET BLIND AND NOT KNOWING THERE WAS SOMETHING GOING ON. WE GOT QUESTIONED FROM FRIENDS ON THE OTHER SIDE OF DALLAS. THEY'RE LIKE, WHAT THE HECK? WE DROVE DOWN YOUR STREET. WHAT DOES THIS MEAN? THERE WAS TONS AND TONS OF NOTICE. I DO REAL ESTATE, I SPECULATE ON REAL ESTATE. SOMETIMES I MAKE THE [03:55:01] BAD CALL. BUT THERE WAS NO WAY YOU SHOULD HAVE MISSED THIS. UM, I AM NOT IN THE CD TWO, I CAN TELL YOU THAT WHAT SUMMER DID FOR THE NEIGHBORHOOD IS ACTUALLY HUGE. I'M GLAD I'M NOT IN IT BECAUSE OUR BLOCK IS JUST DIFFERENT. WE LIVE ON, WE HAVE A LITTLE BIT BIGGER LOTS AND IT'S JUST DIFFERENT. BUT KEEPING THE NEIGHBORHOOD UNIFORM, THE, AS THEY'RE TALKING ABOUT THE SETBACKS AND ALL THAT, I THINK IS A REALLY GOOD THING. IT WON'T BE A PROBLEM ON MY BLOCK, WHICH IS WHAT I FOUGHT FOR MY OWN, LIKE HOMEOWNER RIGHTS. 'CAUSE DI OR DALLAS HAS THEIR OWN SET OF, OF, OF WHATEVER LAWS YOU GOTTA FOLLOW, RIGHT RULES. AND I JUST DIDN'T WANT HERS IMPOSED ON ME. AND IT ALL WORKED OUT GOOD. BUT AGAIN, OUR BLOCK IS JUST DIFFERENT. AND SO I AM AGAINST IT BECAUSE I DON'T WANNA SEE, LIKE, I HATE THAT, THAT THAT HOUSE IS GONNA BE 20 FEET IN FRONT OF HIS BEDROOM. LIKE IT'S JUST, IT'S, IT'S JUST NOT RIGHT. I DO BELIEVE THE BUILDER AND I FEEL BAD FOR HIM, BUT I THINK THAT HE'LL DO FINE BUILDING A SMALLER HOUSE BECAUSE IT IS A VERY DESIRABLE NEIGHBORHOOD AND I THINK IT'LL COME OUT. ALRIGHT, HONOR, THANK YOU FOR YOUR COMMENTS. ARE YOU WEST OF WEST SHORE OR EAST? I'M TRYING TO LOOK FOR YOU OUTSIDE OF TRACK FOUR WEST. SO YOU'RE WEST, YOU'RE CLOSER TO ABRAMS? YES. YOU'RE CLOSER TO ABRAMS. I'M, I'M RIGHT AT LAKEWOOD AND PRETTY MUCH LAKEWOOD AND POLON ONE OR TWO END. OKAY. SO YOU, BUT YOU'RE NOT IN TRACK FOUR? NO. OKAY. WERE YOU ORIGINALLY IN TRACK FOUR AND ASKED TO BE REMOVED? OH, EVERYBODY WAS ORIGINALLY IN TRACK FOUR AND WE FOUGHT. OKAY. IT WAS ONE OF THE BIGGEST CITY COUNCIL MEN MEETINGS, I THINK EVER. I I, I GET YOU. I'LL FILL IN ANY BLANKS THAT TREVOR DID. WE DIDN'T EVEN DO A VERY GOOD JOB OF FILLING HIM IN. I WENT TO ALL THOSE MEETINGS. WELL, SO ANY QUESTION, PART OF THE STAFF'S JOB IS TO ANSWER QUESTIONS BUT NOT BE AN ADVOCATE OR LOBBY. SO, UH, I MEAN HE HAS, HE HAS TO KEEP WITHIN HIS LANE. IT'S FOR YOU ALL TO BE ADVOCATES. YEAH, WELL WHEN HE, WHEN HE WAS ASKED, WELL, DID Y'ALL TALK ABOUT SETBACKS? THERE WASN'T AN ISSUE. ONE THAT DIDN'T GET 20 OR 30 MINUTES SPIN ON IT. OKAY. SO I KNOW BECAUSE I FOUGHT TO, AGAIN, MY QUESTION. YOU, YOU'RE NOT, YOU, YOU'RE NOT IN TRACK FOUR. YOU ARE WEST OF WEST SHORE ON TACO TOLO. SO I'M PROBABLY SEVEN OR EIGHT HOUSES UP THE STREET. VERY GOOD. THANK YOU VERY MUCH, SIR. Y'ALL, ANY MORE QUESTIONS ABOUT CT? NOPE. OKAY. NOPE. THANK YOU VERY MUCH. CARRIE BEAVERS? I'M CARRIE BEAVERS AND I LIVE, OR BEAVERS. I LIVE ON 7,044 TOON. SO I'M ON HIS BLOCK OR ON THE BLOCK OF 7,003, ABOUT SIX DOORS DOWN ACROSS THE STREET. I OPPOSE THIS. SAY YOUR NUMBER AGAIN. 7 7 0 4 4 7 0 4 4. OKAY. UM, I ENCOURAGE YOU TO VOTE AGAINST THIS. UM, I THINK IN ORDER TO KEEP THE INTEGRITY OF THE CD TWO THAT WE ALL WORK SO HARD FOR AND TO MAINTAIN THE AESTHETIC OF TOKO ON IT IS IMPORTANT THAT WE KEEP THIS SIGHT LINE OF THE HOUSES ALIGNED, SETTING THIS ONE FORWARD. IT'S RIGHT WHEN YOU TURN THE CORNER INTO THAT STREET, IT'S GONNA CHANGE HOW YOU LOOK, HOW THE STREET LOOKS, THE APPEAL OF WHAT WE MADE THE CONSERVATION DISTRICT ABOUT. UM, IT ALSO, ONCE YOU SET ONE HOUSE FORWARD, IT THEN CREATES LIKE A LITTLE CUBBY HOLE AND IT CHANGES THE WHOLE LOOK OF THE STREET OR THEY ALL START MOVING FORWARD. UM, I DON'T THINK IT'S NECESSARY FOR WHAT IT'S WORTH. MY MASTER IS NOT ON THE FIRST FLOOR. YOU CAN BUILD A HOUSE WITH A MASTER ON THE SECOND. SO THERE'S A WAY TO REWORK THIS HOUSE AND KEEP IT WITH A CURRENT SETBACK WITHOUT, WITHOUT HAVING AN, AN APPEAL. SO I ENCOURAGE YOU TO VOTE AGAINST IT. THANK YOU. THANK YOU VERY MUCH. NO, THE SPEAKER'S REGISTERED, SIR. IS THERE ANYONE ELSE HERE THAT WANTS TO SPEAK REGARDING BO? A 2 5 0 0 0 0 9 9 AT 7 0 0 3 TO LAWN DRIVE. ALL RIGHT. HAVE YOU FILLED OUT THE BLUE FORM? OKAY. IF YOU COME FORWARD AND FILL OUT THE BLUE FORM, SIR, YOU'VE ALREADY SPOKEN. I'M, I'M NOT GONNA LET YOU, IF YOU'D FILL OUT A BLUE FORM HERE, SHE'LL GET YOU ONE READY QUICK. SO I'M GONNA LET YOU SPEAK AND THEN AFTER YOU SPEAK YOU CAN FILL THE FORM OUT SO THAT WAY WE CAN DISPENSE WITH YOU. IF YOU WOULD, UM, UH, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS THEN BE SWORN IN, RIGHT. I'M TODD SEIFERT. I'M AT 27 16 WEST SHORE. I'M THE CAUSE OF THE PROBLEM. THE CAUSE [04:00:01] OF THE PROBLEM. ARE YOU PROPERTY? UH, 2 7 1 6 OH'S ME. OKAY. THAT'S FINE. ALRIGHT. SHE'LL SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. UM, A LITTLE BIT OF BACKGROUND THAT I WAS TOLD WHEN I PURCHASED THIS HOUSE I ONLY PURCHASED JUST A COUPLE OF YEARS AGO, UM, I'M A, A VERY ENTHUSIASTIC CYCLIST AND I HAD PROBABLY RIDDEN BY THESE HOUSES SEVERAL THOUSAND TIMES, IF NOT MORE. WEST SHORE IS VERY, VERY POPULAR WITH CYCLISTS AND WITH RUNNERS. UM, AND THAT CAME UP ROAD TO BE A CYCLE OF TIME. IT'S THAT, THAT'S EXACTLY WHY IT'S POPULAR. I DON'T, I THINK, I DON'T KNOW IF I'D WANT THE BOTTOM GOING DOWN OR GOING UP. RIGHT. AND ACTUALLY IN THE RECENT SNOW IT WAS VERY POPULAR TOO. YEAH. SO I, I COULDN'T GET MY TRUCK OUT OF THE DRIVEWAY, BUT ALL THE PEOPLE WHO WERE SLEDDING DOWN WERE HAVING A GREAT TIME. UM, JUST A LITTLE PIECE OF BACKGROUND I THOUGHT YOU GUYS MIGHT BE INTERESTED IN, AND I, I CANNOT VERIFY IT, BUT THIS IS WHAT I WAS TOLD THAT HUTZEL, WHO DEVELOPED SO MANY HOUSES IN THE AREA, THAT THE HOUSE THAT WAS TORN DOWN WAS HIS SISTER'S HOUSE. AND THE REASON THAT LITTLE LOT WAS CARVED OFF WAS TO BUILD THE LITTLE HOUSE THAT I PURCHASED FOR HIS MOM. SO THAT WAS ORIGINALLY MOM'S HOUSE AND THAT'S WHY IT WAS CARVED OUT LIKE THAT. SO THAT MIGHT HELP OUT A LITTLE BIT. AND UM, THAT'S A LOT OF EFFORT 'CAUSE YOU HAD TO REPL THAT THAT GOES IN FRONT OF THE PLANNING COMMISSION. THAT'S, THAT'S NO SMALL DEAL. OKAY. RIGHT, RIGHT. BUT IF HE WAS THE DEVELOPER FOR HOW MANY, YOU KNOW, 30, 40, 50 HOUSES, HE COULD PROBABLY DO THAT. AND WELL, HE HAD TO TWIST SOME ARMS BECAUSE THAT'S A PRETTY PRETTY IRREGULAR PLAT. IT IS, IT IS. OKAY. I WON'T SAY ANYMORE. YEAH. YEP, YEP. UM, BUT, UH, WHAT STRUCK ME ABOUT SOME OF THE OTHER PEOPLE WHO HAVE SPOKEN IS THE, UH, THE SAFETY IMPLICATIONS OF THAT. BECAUSE THINKING ABOUT HOW THAT WOULD BE WITH THAT HOUSE STICKING OUT SO FAR, THERE IS JUST A TON OF WALKERS, JOGGERS, CYCLISTS ALWAYS GOING UP AND DOWN AT THAT, THAT STREET. AND THIS IS NOT JUST DURING THE DAYTIME, MY BEDROOM FACES WEST SHORE AND I HAVE BEEN WOKEN UP AT FIVE IN THE MORNING WITH A RUNNING CLUB DOING HILL REPEATS. SO THIS IS NOT JUST DAYLIGHT HOURS WHERE PEOPLE WOULD HAVE MORE VISIBILITY. THIS IS GONNA BE FIVE, YOU KNOW, FIVE IN THE MORNING, 10 O'CLOCK AT NIGHT, PEOPLE ARE OUT WALKING, RIDING UP AND DOWN THE STREET. SO I THINK THAT IS A, A SAFETY ISSUE TO HAVE. YOU KNOW, THE, THE BIG DISCUSSION THAT I SAT THROUGH EARLIER ABOUT HAVING THE, THE BUILDING PUSHED RIGHT TO THE LIMITS OF THE CORNER, THAT REALLY WOULD BE AN IMPACT GEAR. IT WOULD BE CUTTING OFF A LOT OF VISIBILITY OF PEOPLE WHO ARE GONNA BE CUTTING ACROSS ON TO, OR GOING UP AND DOWN BOTH CARS, YOU KNOW, AND PEDESTRIANS GOING EITHER WAY AND INTERSECTING. SO I THINK THAT IS SOMETHING TO BE CONCERNED ABOUT. UM, I I WOULD ALSO SAY THAT, UH, I, I THINK I DO AGREE THAT IF YOU, IF YOU KEPT THE SAME FOOTPRINT OF THE HOUSE THAT HAD BEEN THERE AND TOOK IT UP TWO STORIES, YOU COULD STILL BUILD A HOUSE LARGER THAN THE AVERAGE. AND I, I THINK THAT WOULD NOT BE A PROBLEM EITHER. SO, UM, YEAH, THAT I JUST WANTED, UH, AFTER LISTENING TO EVERYONE ELSE SPEAK, I DID WANNA THROW IT IN AND OPEN MYSELF TO QUESTIONS. IF YOU ADD ANY FORMATION, THANK YOU VERY MUCH. PRESENTATION. PLEASE FILL OUT THAT FORM AND TURN THAT IN. SO IT'S A MATTER OF RECORD. THANK YOU VERY MUCH. UH, AND IS THERE ANYONE ELSE HERE THAT WOULD LIKE TO SPEAK REGARDING? UM, LEMME GET, OH NO, YOU'VE ALREADY SPOKEN, SIR. WE ONLY DO IN ONE ROUNDS. I'M VERY GOOD AT . NOPE. SORRY. SORRY. I, NO SIR, I'M SORRY. I, IF I, IF I DO THAT, I DO THAT TO EVERYONE SO I CAN'T. ALRIGHT. UM, SO ACCORDING TO OUR RULES, THE APPLICANT IS ALLOWED A FIVE MINUTE REBUTTAL. UH, THIS IS A FIRM FIVE MINUTES. UH, AND THEN AFTER THAT THE, THE BOARD MAY HAVE QUESTIONS, SIR. THANK YOU. I WANNA TALK TIMELINE QUICKLY. YOU'RE CORRECT. THE HOUSE WAS PURCHASED IN DECEMBER OF 2024. THE CONSERVATION DISTRICT WAS APPROVED IN MARCH OF THE FOLLOWING YEAR. STATE LAW REQUIRES NOTICES TO BE MAILED TO THE OWNERS AS OF THE MOST RECENTLY APPROVED TAX ROLL. THE TAX ROLL ARE NOT TYPICALLY UPDATED UNTIL JUNE OR JULY. SO THIS OWNER OF THIS LOT NEVER RECEIVED NOTICE OF ANY OF PUBLIC HEARINGS. HOWEVER, WE DO KNOW FROM THE RECORD THAT PREVIOUS OWNER OF THIS LOT OBJECTED TO THE EXPANSION OF THE CONSERVATION DISTRICT TO COVER THIS LOT MOVING FORWARD. WE STILL OBTAINED A PERMIT AND PERFORMED DEMOLITION PRIOR TO THE ADOPTION, WHICH LEAVES A VERY IMPORTANT QUESTION OF STATE LAW OUTSIDE THE PURVIEW OF THIS HEARING. BUT WE WOULD RESPECTFULLY REQUEST STAFF HEAR IT AND GET US AN ANSWER ON IT QUICKLY DEPENDING ON THE OUTCOME OF TODAY'S HERE. SO I HEARD FROM STAFF MULTIPLE TIMES THE TERM CONTINUITY OF SETBACK. WE CLEARLY DEMONSTRATED THE CONTINUITY [04:05:01] OF SETBACK. ONE DOES NOT EXIST ON THE STREET TODAY, AND TWO DOES NOT RESULT FROM APPLICATION OF THIS NEW RULE IF THE WHOLE BLOCK WERE TO REDEVELOP. SO IF THAT WERE THE INTENT OF THE, OF THE REGULATION, IT HAS FAILED IN SATISFYING. IN THIS PARTICULAR INSTANCE, AFTER THE CONSERVATION DISTRICT WAS APPROVED, MS. RITO RECEIVED TERMINATION FROM CITY STAFF INITIALLY THAT THE 1925 PLOTTED BUILDING LINE WOOD CONTROL OVER THE CONSERVATION DISTRICT. THAT DETERMINATION WAS THEN REINFORCED BY THE CITY ATTORNEY'S OFFICE A COUPLE MONTHS LATER IN THE SUMMER, AND THEN IT WAS REVERSED. THIS IS WHY THE PROPERTY HAS BEEN SITTING THERE WITHOUT CONSTRUCTION BEGINNING AND WHY THIS PROCESS HAS TAKEN AS LONG AS IT HAS. UH, ALL OF THAT SAID, WHAT'S BEFORE YOU IS A HARDSHIP EVALUATION. AND I THINK WHAT HAS BORNE OUT FROM THE DISCUSSION OF WHAT LED TO THIS CONSERVATION DISTRICT IS THAT IT WAS A VERY LARGE AND GENERALIZED PROCESS THAT WAS APPLIED INITIALLY TO A LARGE SWATH OF LAND BASED ON LOTS OF NEGATIVE FEEDBACK. IT WAS REDUCED, BUT IT WAS STILL APPLIED TO A VERY LARGE SWATH OF LAND. AND YOU EXIST BECAUSE WHEN GENERALIZED REGULATIONS ARE ADOPTED BUT APPLIED TO SPECIFIC AND UNIQUE SITUATIONS DO NOT MAKE SENSE. YOU CAN PROVIDE RELIEF. THAT'S WHAT'S HAPPENED HERE. IT'S A STRANGE LOT THAT WAS PLATTED AT THE BACK OF WHAT USED TO BE THIS LOT. WE DIDN'T DO IT, IT WAS DONE IN THE 1940S. WHEN YOU FACTOR THAT INTO THE APPLICATION OF THESE NEW RULES, IT IMPACTS THIS PROPERTY IN A WAY THAT IT DOES NOT IMPACT ANY OTHER PROPERTIES IN THE AREA THAT IS A PHYSICAL HARDSHIP. THAT IS THE BASIS OR VARIANCE. YES. NEGATIVE IMPACT ON THE NEIGHBORHOOD IS A FACTOR TO CONSIDER. I'VE ACTUALLY ONLY HEARD ONE SPEAKER ON OUR SIDE OF CO BLANC AND YOU HAVE ONE LETTER THAT FROM ANOTHER OWNER ON THIS SIDE OF CO BLANC THAT'S IN SUPPORT. BUT IF THE FACT THAT THERE IS OPPOSITION FROM TWO STREETS OVER OR THREE BLOCKS OVER OR FOUR BLOCKS OVER IS ENOUGH TO ERADICATE THE ENTIRETY OF THE REST OF THE LEGAL STANDARD FOR A PROPERTY HARDSHIP, WE COULD PROBABLY ALL SAVE OURSELVES A LOT OF TIME, JUST MAIL OUT THE NOTICES AND ISSUE A PERMIT OR NOT. BUT ALL THOSE STANDARDS MATTER AND WHEN YOU APPLY THEM TO THIS PROPERTY, A HARDSHIP EXISTS. THANK YOU VERY MUCH. QUESTIONS FROM THE BOARD TO THE APPLICANT, MS. DAVIS, THEN MR. KERMAN, WHO OWNS THE PROPERTY? RICK MCCOMBS. MR. RODDA. I'M SORRY. NIK RODIAN. HE'S RIGHT BACK THERE. HE'S A HOME BUILDER. BRICKMAN HOMES. SO ARE, ARE YOU BUILDING, IS THE HOME BEING BUILT SPECIFICALLY FOR MR. RICKMAN'S HOME OR IS HE BUILDING THE HOME TO SELL? NO, HE'S A HOME BUILDER, SO HE'LL BUILD IT AND SELL IT. OKAY. SO HE'S HE'S BUILDING THIS TO SELL IT. YES. WOULDN'T IT BE FAIRLY EASY TO, TO SHAVE OFF SOME OF THE, THE LENGTH OF THIS HOME? I MEAN THE ROOMS ARE SIGNIFICANTLY LARGE. HAS THE BUILDER CONSIDERED SHAVING OFF SOME OF THE, THE, UH, THE, THE LENGTH OF THIS SO THAT YOU'RE NOT GOING SO FAR OUT INTO THE FRONT FRONT YARD? SO IF THIS IS DENIED AND WE DON'T GET THE RELIEF FROM STATE LAW, THAT I THINK IS A QUESTION I'VE MENTIONED TO FIRST. PART OF YOUR ANSWER IS OF COURSE, THAT THEY'LL HAVE A CHOICE WHAT TO DO THERE. OKAY. UM, IF NOW PART OF THE LAST SPEAKER SHOULD UNDERSTAND, THE FIRST THING THAT'S GONNA HAPPEN IS THE GARAGE IS GONNA GET CLOSER. RIGHT. IF WE HAVE TO MOVE IT FARTHER BACK. SO NOW THIS IS WHAT HAPPENS. BUT IF, IF THE IMPLICATION OF YOUR QUESTION IS, CAN YOU GUYS GET THIS FROM 40 TO 48? UH, I THINK THE ANSWER IS I BET YES. WE COULD SHAVE A FEW FEET OFF OF IT. THAT'S WHY I POINTED OUT FIRST ALSO THAT IT'S ACTUALLY NOT THE ENTIRE FRONT SOD. THERE'S THE RELIEF IN THE MIDDLE, THE MIDDLE. UM, BUT I, I HAVEN'T HEARD ANYTHING THOUGH. I'M OPEN TO IT FROM THE OPPOSITION THAT WOULD SUGGEST IF WE WORK WITH THEM ON THAT WE COULD EVER GET SUPPORT. UH, WE COULD. SURE. I MEAN, WE'RE NOT TRYING TO BE UNREASONABLE PEOPLE. WHAT DID THE BUILDER DO TO GARNER SUPPORT IN THE NEIGHBORHOOD? HOW MANY PEOPLE DID HE REACH OUT TO SPECIFICALLY FORGET ALL THAT? SURE. SO I MAILED THE LETTERS TO THE NEIGHBORS IN THE NOTIFICATION AREA. UM, I HEARD FROM THE ONE THAT WROTE IN SUPPORT, I HEARD FROM THE NEIGHBOR ACROSS THE STREET THAT DIDN'T WANNA BE INVOLVED BECAUSE THIS WAS A CONTENTIOUS, UH, ESTABLISHMENT OF THE CD. UM, HE HAD NO OBJECTION. UM, I VISITED THE BUILDER AND I VISITED THE NEXT DOOR NEIGHBOR ON BOTH SIDES ABOUT A WEEK AND A HALF AGO. UM, SPENT, UM, ABOUT 30, 40 MINUTES IN THIS GENTLEMAN'S [04:10:01] LIVING ROOM. AND THEN WE BRIEFLY SPOKE, SPOKE TO THE NEIGHBOR TO THE BACK. UM, I SPOKE TO ONE NEIGHBOR ON LAKESHORE WHEN I WAS DOING MY MEASUREMENTS. UM, AND WE JUST HAD A, A CONVERSATION AND I ANSWERED THE QUESTIONS. IF, IF, IF I WERE THE BUILDER, I WOULD'VE GONE DOOR TO DOOR TO TRY TO GET SUPPORT FROM THE NEIGHBORHOOD. UM, AND, AND BY NOT DOING SO, IT SHOWS JUST THE LACK OF INTEREST IN AND BEING A GOOD NEIGHBOR, YOU CAN EASILY CUT THIS HOUSE BACK. YOU'RE NOT BUILDING IT RIGHT NOW FOR SPECIFIC PERSON. I'M, I'M ASSUMING YOU'RE BUILDING IT THIS SIZE SO THAT IT'S AS PROFITABLE AS AS POSSIBLE AND THAT'S FINE. THE PRO YOU KNOW, ONE IN THE PROFIT IS FINE, BUT NOT CARING ABOUT THE NEIGHBORS OR THE NEIGHBORHOOD IS A BIG PROBLEM. YOU HAVE A TREMENDOUS AMOUNT OF PEOPLE WHO ARE NOT HAPPY WITH US. SO I I DON'T UNDERSTAND HOW YOU THINK YOU MEET THE CRITERIA WHEN NUMBER THE FIRST, THE FIRST CRITERIA IS CLEARLY NOT MET. THE CRITERIA TALKS ABOUT, UM, UNIQUE CHARACTERISTICS AND UNDUE HARDSHIP. IT'S NOT FULLY A POPULARITY CONTEST, IF YOU WILL. UM, I PROVIDE MY CONTACT INFORMATION IN MY LETTER. UM, ONLY ONE PERSON BOTHERED TO REACH OUT AND CALL MM-HMM . UM, THEY TALKED AMONGST THEM, AMONGST THEMSELVES AND DIDN'T REACH OUT TO ME. I REACHED OUT TO THEM AND THEN WE REACHED OUT TO THE IMMEDIATE NEIGHBORS. I, I I, I'LL BE, I MEAN JUST TRANSPARENT, I, I DON'T CARE FOR THE TERM POPULARITY CONTEST. THIS IS A NEIGHBORHOOD AND THESE ARE THEIR HOMES AND THERE'S THREE DIFFERENT CRITERIA THAT NEEDS TO BE MET AND THE BUILDER HAS NOT MET. THEY'VE ONLY POSSIBLY MET ONE. SO, UM, I, I NEED A LOT OF CONVINCING BECAUSE, UM, IT'S VERY CLEAR THAT THERE'S NOT NEIGHBORHOOD SUPPORT AND IT'S ALSO VERY CLEAR THAT THE BUILDER DID NOT WHAT DO, WHAT HE SHOULD HAVE DONE TO GET THAT SUPPORT FROM THE NEIGHBORS. MR. HAITZ? YES. UM, I'M SORRY, I DON'T RECALL YOUR NAME, SIR, BUT I'M, MY QUESTION IS DIRECTED AT YOU MR. MANN. YES, SIR. UM, THANK, UH, DID I HEAR CORRECTLY, DID YOU SAY, SAY YOU HAVE SOME SORT OF A LEGAL OPINION THAT THE CHANGE IN FRONT SETBACK DID NOT, THAT THE OLD STANDARD APPLIED TO YOU? YEAH. DO YOU HAVE A, YOU HAVE A LEGAL OPINION TO THAT EFFECT, DID YOU SAY? YES. NOW MY LEGAL OPINION MEANS NOTHING TO DO. I UNDERSTAND. AND IT'S NOT YOUR PURVIEW, BUT I'M JUST MENTIONING IT 'CAUSE I BROUGHT IT UP TO YOUR ATTORNEY AND SHE SAID IT'S NOT YOUR PURVIEW, IT'S A BUILDING INSPECTION. BUT I'M HAPPY TO EXPLAIN IT. IS, IS, ARE YOU THE ATTORNEY? WHO'S THE LEGAL OPINION? YES. OH, YOU DON'T HAVE A THIRD PARTY? I HAVE MY OWN. NO, NO, NO, IT'S ME. YEAH, YOU HAVE A OKAY. I'M HAPPY TO EXPLAIN IT. THAT'S, THAT'S WHAT I WAS, YEAH. OKAY. THAT THAT THERE'S NO NEED TO GO ANY FURTHER INTO. OKAY. OKAY. I DON'T KNOW IF THIS QUESTIONS FOR MR. MANN OR MR. MS. HERTO ALSO. I'LL ASK IT AND THEN YOU GUYS CAN DECIDE. FIRST I HAVE QUESTIONS ON, ON SOME OF THE DRAWINGS. UM, ACCORDING TO THIS DRAWING, IT SAYS IT'S PROJECTED FOR THIS HOME TO BE 5,564 FEET. IS THAT CORRECT? 55 64? YES. OKAY. AND IF I LOOK AT IT, IT'S, THIS IS SET UP WHERE IT'S 40 FEET FROM THE PROPERTY LINE ON THE FRONT, CORRECT? WITH THE RECESSED COURTYARD, BUT YES. YEAH. OKAY. SO TALK TO ME FOR A SECOND ABOUT THE BACKSIDE OF THE HOUSE. HOW MANY FEET IS IT FROM THE GARAGE TO THE BACKYARD AND IS THERE A REAR SETBACK REQUIREMENT? UH, THERE IS NOT FOR THE GARAGE. I THINK HE'S ASKING THIS. OKAY. SO IS THERE, IS THERE A SQUARE FOOTAGE? I MEAN, IS THERE WE SETBACK 10 FEET. SO IT'S 10 FEET AND THAT'S BY THE CONSERVATION DISTRICT. 10 FEET. SO WHAT IS IT DOES, THIS DOESN'T SHOW THE MEASUREMENTS. WHAT'S THE DISTANCE BETWEEN THE REAR LOT LINE AND THE GARAGE? I'M TALKING ABOUT THIS PORTION RIGHT HERE. IT'S AMAZING HOW DRAWINGS ARE SUPPOSED TO BE COMPLETE AND FOR SOME REASON THEY'RE MISSING DATA. OH, WELL I'VE GOT GLASSES AND I'M SQUINTING. SO IT IS VERY CLOSE TO THE 10 FEET. I CAN TELL THAT THAT SAYS THAT. OKAY, GREAT. IT'S TO HIS PROPERTY LINE . WELL, YEAH, I'M TRYING TO READ WHERE THE PROPERTY LINE IS HERE. YEAH, IT SAYS IT IS. OKAY. IT'S 22 FEET TOTAL. 10 OF THAT IS A SETBACK. SO IT'S 12 FEET. SO IT'S 10 AND 12 IN EXCESS OF THE MINIMUM REQUIRED SETBACK. IT. SO MAYBE THAT HYPHEN LINE GOING UP AND DOWN IS THE 10 FEET MARKER. YOU THINK THAT'S IT, MR. MANN? YEAH. OKAY. SO IT'S 10 AND 12 FEET. SO, SO YOU ACTUALLY DO HAVE 12 FEET THAT YOU COULD SHIFT? I'M JUST SAYING IF OKAY. UM, NO. UM, YES, THAT WAS ONE OF THE SLIDES THAT WE DIDN'T SHOW. IF YOU WERE TO TAKE THAT LINE OF THE FOOTPRINT AND SHIFT IT TO THE 10 FOOT SETBACK LINE, YES. WE WOULD STILL NEED A VARIANCE. [04:15:01] UH, IT WOULD PROVIDE A 52 FOOT SETBACK. SO WE STILL WOULD NOT MEET THE 61. WELL, I, I HEAR YOU WE'RE ALSO HEARD A LOT COVERED AND IT'S WITHIN OUR AUTHORITY TO GRANT YES. OR DENY. AND WE COULD GRANT UP TO 21 FEET. CAN'T DO MORE THAN 21. 'CAUSE THAT'S ALL ADVERTISED. SO WE COULD DO 21 DOWN TO ZERO. OKAY. SO I'M JUST LOOKING. SO THAT'S 12 FEET THERE. ALL RIGHT. UM, MY UNDERSTANDING IS IF I SLICE AND DICE THIS, THE, THE BUILDING LINE IS SET AT 40 FEET. THAT WAS WHAT THE ORIGINAL BUILDING LINE WAS CORRECT? CORRECT. OKAY. AND THAT'S WHAT YOU'RE ESPOUSING IT SHOULD BE BECAUSE THAT WAS THE BUILDING LINE. YES. THAT WAS ON THE 1925 PLA. OKAY. BE CAREFUL 'CAUSE I'M GONNA, IT'S GONNA, I'M GONNA COME AROUND THE, THE SAME WAY. ALRIGHT, SO THE CONSERVATION DISTRICT, WHICH WAS SET IN MARCH OF 25, WAS 61 FEET FOR THIS LOT. IT WAS THE AVERAGE OF, WE'RE TALKING THE ADJACENT LOTS. WE YES, WE'RE TALKING FOR THIS LOT. CORRECT. IT WENT FROM 40 TO 61. OKAY. YES, SIR. SO, ALL RIGHT, HOLD ON. SO THE BUILDING LINES AS PREVIOUS WAS 40 FEET. THE CONSERVATION DISTRICT IS APPROVED BY THE CITY PLANNING COMMISSION, AND THEN THE COUNCIL IS 60, IS 61 FEET. WAS YOUR CLIENT NOT AWARE DURING THE DUE DILIGENCE PROCESS IN PURCHASING THIS PROPERTY THAT THERE WAS A CONSERVATION, CONSERVATION DISTRICT MODIFICATION IN PROCESS? THAT'S A QUESTION. YEAH. I DON'T KNOW. HE, HE WAS NOT AWARE IS WHAT HE SAID. HE WAS NOT AWARE. WHAT I WAS EXPLAINING IS, OKAY, YOU KNOW WHAT, THEY ALWAYS SAY COPY AT EOR, HIRE BEWARE. RIGHT. AND THAT'S WHY I WAS EXPLAINING HOW THE NOTICES ARE. YEAH, I HEAR YOU. OKAY. SO THEY WOULDN'T HAVE BEEN ABLE, AND WE HEARD TESTIMONY, AND EVERYONE'S SWORN HERE TODAY WHERE TESTIMONY, THIS WAS A TWO YEAR PROCESS, SIGNS NOTIFICATIONS EVERYWHERE. AND, UH, I'M GUESSING FROM MY PLUS PLUS YEARS OF LIVING IN THE CITY, LAKEWOOD'S A PRETTY COHESIVE NEIGHBORHOOD. AND THEY PRETTY MUCH KNOW WHAT'S GOING ON IN DIFFERENT COMPONENTS. AND I'M NOT AN EXPERT. I'M NOT TESTIFYING, I'M JUST SAYING I WOULD KIND OF GUESS THERE WAS A, A, A VERY WELL COMMUNICATED PROCESS. I'M NOT TESTIFYING TO THAT. FOR ME, MR. MANN, MR. HARIMOTO, I HAVE A HARD TIME BELIEVING THAT A BUILDER, WHICH PURCHASED THE PROPERTY ON DECEMBER 16TH, 2024, I HEARD 16 OR 17, ONE OF THE OTHER DATES AND DEMOLISHED IT TWO WEEKS LATER, WHICH I'M AMAZED YOU CAN GET A DEMO PERMIT THAT QUICK. WHOA. UM, AND YOU STARTED THIS PROCESS AND YOU WEREN'T AWARE OF A CONSERVATION DISTRICT CHANGE THAT JUST AMAZES ME AND WEREN'T, I DON'T KNOW WHAT YOUR PURCHASE PRICE WAS, IT'S NOT MY BUSINESS. THE ONLY REASON IT'S MY BUSINESS. IT'S MATERIALITY TO INFORMATION. AND IF IT'S AN INEXPENSIVE THING, WELL, IT'S NOT AS MATERIAL THAT YOU'RE NOT AWARE. BUT IF IT'S AN EXPENSIVE EXPENDITURE, IT BECOMES VERY MATERIAL. SO, UM, I'M CONCERNED ABOUT YOUR CLIENTS, THE PROPERTY OWNER'S AWARENESS OR LACK OF AWARENESS, AND THEN SAYING, OH, I'M SORRY, I DIDN'T KNOW AND NOW I HAVE A HARDSHIP. SO THAT'S JUST ONE MEMBER YOU HEARD FROM ANOTHER MEMBER. UM, YOU ONE COULD CONSTRUE THIS LOT BEING, UH, POTENTIALLY A CHALLENGE 'CAUSE OF THE GENTLEMAN'S LOT IN THE BACK. BUT YOU WERE CLEARLY AWARE THAT THIS WAS IN PLACE. AND THE WHOLE REASON WE IN DALLAS HAVE CONSERVATION DISTRICT AND, AND, UH, AND, AND, UH, IS FOR NEIGHBORHOOD COHESION AND ITSELF INSTITUTED. IT'S NOT LIKE THE CITY COUNCIL ALL OF A SUDDEN SAYS, YOUR NEIGHBORHOOD'S THIS OR THAT. IT GENERALLY, 99% OF THE TIME COMES BOTTOM UP. YEP. AND IT WAS VERY OUT, UH, OUTSPOKEN. THIS GENTLEMAN HERE THAT SPOKE AND SAID, I WANT NO PART OF IT, THIS, THAT, AND THE OTHER COMPLIMENTED THIS LADY OVER HERE, BUT STILL WAS ABLE TO BE A NEIGHBOR TO SAY, I WANT NO PART OF IT, BUT I CAN'T, CAN'T SUPPORT THIS EITHER. SO, UH, IT IS IMPORTANT, LIKE I SAID, EVEN AFTER IT WAS ADOPTED, YES. FOR MONTHS, THE INITIAL INTERPRETATION THAT WAS RECEIVED FROM THE CITY IS THAT THE PLATTED BUILDING LINE WOULD STILL CONTROL THE CASE. WELL, I HEARD, AND I WROTE THAT DOWN. STATE CODE SAYS IF A PLATTED BUILDING LINE PRIOR TO 2006 EXISTS, IT TRUMPS THE ZONING. THEN, TO BE HONEST WITH YOU, I DON'T QUITE UNDERSTAND HOW THAT INTERPRETATION CHANGED. BUT EVEN AFTER IT WAS ADOPTED, THEY RECEIVED DIRECTION THAT YOU COULD STILL BUILD FOR THE 40. BUT WELL, WHEN DID YOU GO TO PERMIT FOR YOUR DRAWING FOR YOUR PLAN? WOULDN'T THAT BE THE ULTIMATE ASSET TEST? BECAUSE AN INTERPRETATION IS YOU CAN ALWAYS GET [04:20:01] AN INTERPRETATION UNTIL YOU ASK FOR A BUILDING PERMIT, THEN IT BECOMES REAL. SO, UM, WE APPLIED FOR THE CONSERVATION DISTRICT WORK FORM IN MAY. UM, WE DID CONSULT WITH THE CONSERVATION DISTRICT STAFF PRIOR TO THAT, AND WE HAD WHAT WE BELIEVED AN UNDERSTANDING OF HOW THE CONSERVATION DISTRICT WORKED, FINISHED THE PLANS, AND MADE THE SUBMITTAL. YOU DID THAT FIVE MONTHS AFTER YOU PURCHASED THE PROPERTY, AFTER YOU DEMO DEMOLISHED IT. THAT'S, THAT'S A BIG LEAP OF FAITH TO DEMOLISH A STRUCTURE, NOT KNOWING WHAT THE BOUNDARIES ARE WITH CONSERVATIONS, KNOWING IT'S UNDER CHANGE. I, I THINK THAT'S AN IMPORTANT POINT THAT WE DIDN'T KNOW WHAT THE BOUNDARIES WOULD BE BECAUSE THE PLAN COMMISSION REVISED THE MAP. THE CITY COUNCIL REVISED THE MAP. WE DIDN'T, THIS WAS A MOVING TARGET, IF YOU WILL, BUT YOU'RE, YOU'RE IN GROUND ZERO. IF I LOOK AT THIS MAP HERE OF TRACK FOUR, WELL, YOU'RE RIGHT IN THE EDGE ON WEST, WEST SHORE, I GUESS, BUT I DON'T KNOW IF THEY SHRUNK THAT PORTION OR THE PORTION THAT GOT SHRUNK WAS ON THE EASTERN PORTION. SO HERE NOR THERE, IT'S THE BURDEN. IT'S, YOU KNOW, WE HAVE BOARD OF ADJUSTMENT HAS CASES WHERE SOMEONE BUILDS SOMETHING IN THE SETBACK AND THEY BLAME THEIR CONTRACTOR . AND WE JUST CHUCKLE AND SAY, WAIT A MINUTE, YOU CAN'T BLAME YOUR CONTRACTOR. YOU'RE, YOU'RE THE PERSON THAT OWNS THE PROPERTY. IT'S THE PROPERTY OWNER. WE GIVE PROPERTY RIGHTS. WE HOLD PROPERTY OWNERS RESPONSIBLE. THE SAME THING HERE. THE PROPERTY OWNER THAT MADE THE PURCHASE, ONE THAT DEMOLISHED THE PROPERTY, TWO THAT GETS GOOD LEGAL AND OR ZONING INTERPRETATION ABOUT WHAT'S GOING ON. THREE, THOSE ARE ALL INCUMBENT ON THE PROPERTY OWNER, JUST LIKE IT'S INCUMBENT UPON A NEIGHBORHOOD, WHETHER IT'S CD TWO OR CD, WHATEVER NUMBER IT IS TO CREATE THE BOUNDARIES OF HOW THEY WANT TO LIVE IN THEIR SPECIFIC NEIGHBORHOOD. SO IT'S NOT INCUMBENT UPON US OR THE STAFF. UH, IT'S INCUMBENT ON THE PROPERTY OWNER, IF I MAY PLEASE, I'VE BEEN DOING ZONING AND BALANCE SINCE 2005. THE INTERPRETATION THAT THE BUILDING LINE CONTROLS OVER ZONING HAS BEEN THAT INTERPRETATION UNTIL THIS CASE. SO WE WENT AND MADE GOOD FAITH EFFORTS TO MEET WITH STAFF TO WORK WITH THE CONSERVATION DISTRICT RULES AND WITH THOSE PREVIOUS UNDERSTANDING NEW STAFF MEMBERS MADE NEW INTERPRETATION. NONE OF THEM WERE IN THIS HEARING TODAY, BUT NO, NO ONE THAT I NEED TO TURN AROUND AND LOOK AT. OKAY. NO, SIR. BUT THE, THEY CHANGED THE RULES IN THE MIDDLE OF OUR PROCESS SO THAT I BELIEVE WE MADE EVERY GOOD FAITH EFFORT TO FOLLOW THE LONGSTANDING INTERPRETATIONS OF WHAT CONTROLS AND WORK WITHIN THE CD RULES. I HEAR YOU. AND THAT'S WHY THIS TOOK SO LONG. I HEAR YOU. OTHER QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH. OKAY. UM, THE CHAIR WILL, WILL ENTERTAIN A MOTION. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA 2 5 4 0 9 9 ON APPLICATION OF JENNIFER HERE MEADOW, DENY THE VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL, LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT IN THE MATTER OF BO A 2 5 0 0 0 0 9 9. MS. DAVIS HAS MOVED TO DENY THE REQUEST WITHOUT PREJUDICE. IS THERE A SECOND? SECOND. IT'S BEEN SECONDED BY MR. HAITZ. DISCUSSION ON THE MOTION. MS. DAVIS. I'M SUPPORTING THIS MOTION BECAUSE AS I PREVIOUSLY SAID, I DO NOT BELIEVE IT MEETS ALL THREE STANDARDS OF THEIR CRITERIA, POSSIBLY MEETS ONE. UM, THE BUILDER BOUGHT THE PARCEL KNOWING THAT IT WASN'T A REGULAR SHAPE. I I KNOW THAT THERE WERE SIGNS FROM EVERYONE'S TESTIMONY THROUGHOUT THE DEVELOPMENT, SO I FIND IT HARD TO BELIEVE THAT THERE WAS NO AWARENESS OF WHAT WAS GOING ON. I'LL BE HONEST, I'M A LITTLE DISAPPOINTED WE DIDN'T HEAR FROM THE BUILDER, AND I'M VERY DISAPPOINTED THAT THE BUILDER DID NOT TAKE AN ACTIVE ROLE IN GARNERING SUPPORT FROM THE NEIGHBORHOOD. THAT SPEAKS VOLUMES. UM, SO THAT IS WHY I'M SUPPORTING THIS MOTION. THANK YOU MS. DAVIS. MR. HAITZ DISCUSSION ON THE MOTION. UH, I CONCUR MS. DAVIS' COMMENTS. UM, I'M ALSO, UH, UH, DISAPPOINTED THAT YET ANOTHER BUILDER COMES BEFORE US AND DOESN'T KNOW WHAT'S GOING ON IN THE CITY THAT THEY'RE GOING HOME TO. DISCUSSION ON THE MOTION, MS. HAYDEN, I, I'LL BE SUPPORTING THE MOTION TO DENY THIS REQUEST. UM, MOSTLY BECAUSE OF THE, UM, CRITERIA OF IT NOT BEING CONTRARY TO PUBLIC INTEREST. I MEAN, THE FACT THAT THIS NEIGHBORHOOD HAD 76% OF THE HOMEOWNERS SIGN THIS PETITION FOR THIS CD TWO. CLEARLY THAT'S WHAT THE NEIGHBORHOOD WANTS AND [04:25:01] THAT'S WHAT'S IN THE BEST INTEREST OF, UH, OF THIS NEIGHBORHOOD. SO THERE'S NO WAY IN GOOD CONSCIOUS THAT I CAN, UH, APPROVE THIS REQUEST. OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IS TO DENY THE REQUEST WITHOUT PREJUDICE. NO OTHER DISCUSSION. THE BOARD SECRETARY WILL CALL THE VOTE. MS. DAVIS. AYE. MR. DORN? AYE. MS. HAYDEN AYE. MR. KOVI? AYE. MR. CHAIRMAN, AYE. MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER OF BDA, EXCUSE ME. BOA 2 5 0 0 0 0 9 9. THE BOARD UNANIMOUSLY ON A VOTE OF FIVE TO ZERO, DENIES THE REQUEST FOR A VARIANCE OF THE FRONT YARD SETBACK WITHOUT PREJUDICE. YOU'LL GET A LETTER FROM, UH, THE BOARD ADMINISTRATOR. THANK YOU FOR YOUR PATIENCE TODAY. NEXT CASE BEFORE US IS BO OA, UM, TWO FIVE DASH 0 0 0 1 0 5. THIS IS AT 8 0 2 WEST GREENBRIAR IS THE APPLICANT HERE, PLEASE COME FORWARD. HOLD ONE SECOND PLEASE. OKAY, SO THAT GUY, HE, I, HE'S GOT FULL SPIRIT. I LOVE US FULL OF SPIRIT. OKAY. UM, IN, UH, THIS IS AT 8 0 2 WEST GREENBRIER LANE. 8 0 2 WEST GREENBRIER LANE IS THE HOW MANY WHAT SPEAKERS DO WE HAVE? MS. WILLIAMS? I HAVE THE APPLICANT AND ONE IN OPPOSITION. OKAY. BOARD MEMBERS, I'M GONNA PASS DOWN TO YOU, UH, THE FEEDBACK LETTERS WE RECEIVED. I CIRCULATED THIS, UH, THIS MORNING. UM, IF IS THE PERSON THAT'S OPPOSING IN THE, IN THE BUILDING. OKAY. CAN YOU STAND UP PLEASE? HAVE YOU AND YOU BOTH BE SWORN IN, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. VERY GOOD. ALRIGHT. SO MA'AM, YOU'LL BE GIVEN WHATEVER REASONABLE TIME IT IS THAT FOR YOU TO PRESENT. WHATEVER TIME I GIVE YOU, I WILL GIVE THE GENTLEMAN IN OPPOSITION YOU CONSISTENT WITH OUR RULES OF PROCEDURE. YOU'LL BE GIVEN FIVE MINUTES REBUTTAL. IT'LL PROBABLY BE, WE'LL PROBABLY HAVE QUESTIONS BEFORE YOU REBUTTAL. UM, SO GIVE US YOUR NAME AND AN ADDRESS AND YOU MAY PROCEED. FANTASTIC. UM, I'M KIARA MEDINA AND I LIVE AT 8 0 2 WEST GREENBRIER LANE. AND I'LL JUST START FIRST WITH A QUICK OPENING STATEMENT. SO FIRST THANK YOU FOR THE OPPORTUNITY TO PRESENT, UM, THIS AFTERNOON, OR SHOULD I SAY MAYBE THIS EVENING. UM, AS I MENTIONED, I LIVE AT 8 0 2 WEST GREENBRIER LANE WITH MY HUSBAND RON AND OUR 16 MONTH OLD SON OWEN. TO START, WE'RE VERY AWARE OF HOW MUCH CARE AND INTENTION HAS GONE INTO MAINTAINING THIS NEIGHBORHOOD AND THE CONSERVATION DISTRICT. IT'S CHARACTER EXISTS BECAUSE OF DECADES OF STEWARDSHIP AND WE TAKE THAT RESPONSIBILITY SERIOUSLY. WE CHOSE TO LIVE HERE BECAUSE OF THAT AND WE'RE RAISING OUR FAMILY HERE, WHICH MAKES BEING RESPONSIBLE LONG-TERM STEWARDS OF THIS PROPERTY, ESPECIALLY IMPORTANT TO US. FIRST, WE HAND-DELIVERED LETTERS TO EACH OF OUR NEIGHBORS WITHIN 200 FEET OF OUR PROPERTY AND ALSO THOSE BEYOND THE NOTIFICATION MAP TO MAKE THEM AWARE OF OUR APPEAL EVEN BEFORE PUTTING UP THE SIGN. AND THEN OVER THE PAST SEVERAL WEEKS, WE'VE GONE DOOR TO DOOR, MY HUSBAND AND OUR SON TO FOLLOW UP AND SPEAK DIRECTLY WITH OUR NEIGHBORS BECAUSE WE HADN'T HEARD FROM ANYONE. MANY WERE SUPPORTIVE AND SADLY ARE NOT HERE. AND SOME RAISE THOUGHTFUL CONCERNS, PARTICULARLY AROUND TRAFFIC, PARKING AND SAFETY AT THE SYLVAN AND GREENBRIER INTERSECTION. WE RESPECT THAT OUR NEIGHBORS CAN HAVE DIFFERENT PERSPECTIVE, WHICH IS WHY WE FOCUS ON ADDRESSING THE SPECIFIC SITE-BASED CONCERNS WITHIN THE SCOPE OF THIS REQUEST. RATHER THAN ENGAGING IN DEBATE OR SPECULATION ABOUT HOW WE'RE LIVING ON OUR PROPERTY, BECAUSE WE LIVE ON A CORNER LOT AT A HIGHLY VISIBLE INTERSECTION, OUR PROPERTY NATURALLY RECEIVES MORE ATTENTION AND SCRUTINY THAN MOST. KNOWING THAT WE WANTED TO BE PROACTIVE AND ENSURE NEIGHBORS HAD CLEAR, ACCURATE INFORMATION DIRECTLY FROM US. WHAT WE'RE PRESENTING THIS EVENING REFLECTS THAT APPROACH. THE PROPOSAL IS INTENTIONALLY MODEST, LIMITED TO AN EXISTING STRUCTURE FROM BURNING OUR GARAGE AND DESIGNED TO FIT QUIETLY WITHIN THE FABRIC OF THE NEIGHBORHOOD. THERE'S NO EXPANSION OF THE FOOTPRINT, HEIGHT OR MASSING. AND IMPORTANTLY OUR REQUEST DOES NOT RELY ON STREET PARKING 'CAUSE THAT WAS ONE OF THE MAIN CONCERNS THAT WE HEARD FROM OUR NEIGHBORS. PARKING WOULD BE ACCOMMODATED ON SITE. WITH THAT CONTEXT, I'LL WALK YOU THROUGH OUR PROPOSAL AND HOW WE ARE LOOKING TO USE OUR LAND AND THE SPECIFIC MITIGATION MEASURES WE PUT INTO PLACE AFTER HEARING FROM ALL OF OUR, OUR NEIGHBORS TO MINIMIZE IMPACT. SO WITH THAT, I'D LIKE TO TAKE YOU THROUGH OUR PRESENTATION. SO JUST A QUICK VIEW OF OUR, SORRY. UM, JUST A QUICK VIEW OF OUR CURRENT SITE PLAN IF WE GO TO THE NEXT SLIDE. UM, YOU CAN SEE HERE THAT THIS IS OUR EXISTING LOCK CONFIGURATION AND THE STRUCTURE REMAINS UNCHANGED. SO WE'RE NOT LOOKING TO TO CHANGE ANYTHING [04:30:01] TO THE EXTERIOR OF OUR HOUSE. IT'S TRULY JUST A CONVERSION OF OUR GARAGE. AS I MENTIONED IN MY OPENING STATEMENT, WE'RE NOT LOOKING TO EXPAND ANY FOOTPRINT, HEIGHT OR MASSING AND FROM THE STREET AND ADJACENT PROPERTIES, THERE WON'T BE ANY VISIBLE CHANGES TO THE EXTERIOR APPEARANCE OF THE STRUCTURE OR THE SITE. IF WE MOVE TO THE NEXT SLIDE, THIS IS THE EXISTING VERSUS PROPOSED. SO THIS IS OUR CURRENT GARAGE. UM, IT'S CURRENTLY 459 SQUARE FEET AND THIS IS THE PROPOSED A DU THAT WE'RE LOOKING TO ADD WITH AN ADDITION OF A BEDROOM, A SMALL LIVING ROOM, A SMALL KITCHEN, AND FINISHING OUT THE BATHROOM. AND JUST ONE THING THAT I'LL NOTE WITH OUR A DU, IF WE JUST GO BACK TO THE NEXT, THE PREVIOUS SLIDE, UM, IT IS FACING, UM, OUR POOL. AND SO BASICALLY THERE WOULD BE KIND OF, UM, UM, OPEN DOORS THAT WOULD FACE THAT WAY SO IT WOULDN'T BE FACING OUT TOWARDS SYLVAN AVENUE. IF WE GO TO THE NEXT SLIDE, I THINK THIS WAS, AS I MENTIONED, PROBABLY THE BIGGEST CONCERN THAT WE'VE HEARD FROM OUR NEIGHBORS. AND I THINK THERE'S, UH, SEVERAL SPECULATION IN TERMS OF HOW WE'RE CURRENTLY, UM, LEVERAGING PARKING. AND SO ONE THING THAT I WANNA NOTE IS THAT OUR PROPERTY IS CURRENTLY FENCED IN, SO WE'RE NOT LOOKING TO CHANGE ANYTHING TO OUR EXISTING FENCE. UM, AND WE ARE LOOKING TO, UM, LEVERAGE ONSITE PARKING FOR THE A DU. SO IT'S KIND OF HARD TO SEE, BUT YOU CAN, UM, SEE, UM, THE ARROWS WHERE I HAVE THE A DU PARKING ENTRANCE WOULD BE FROM SYLVAN AVENUE. WE CURRENTLY HAVE THREE PARKING SPACES, UM, THAT WOULD BE ALLOWED ON OUR SITE AND ONE WOULD BE DESIGNATED TO THE A DU AND TWO WOULD BE FOR MY HUSBAND AND I. UM, ADDITIONALLY THERE IS, UM, SIDEWALK ACCESS, UM, UM, OFF THE SIDE OF SYLVAN AS WELL. SO FOR EXAMPLE, UM, SOMEONE WERE TO PARK ON SILVER AVENUE, THEY CAN ENTER OUR PROPERTY ALSO THROUGH OUR FENCE AND NOT NEEDING TO GO, UM, INTO OUR GARAGE. UM, YOU CAN SEE ALSO WEST GREENBRIAR. WE JUST NOTED WHERE THE FRONT ENTRANCE OF OUR HOUSE IS. WHAT'S HIGHLIGHTED IN GREEN IS BASICALLY THE A DU. THE A DU IS CURRENTLY ATTACHED TO OUR HOME AND THERE'S KIND OF LIKE A BREEZEWAY OR A WALKWAY IN BETWEEN OUR PRIMARY HOME AND THE A DU. THE A DU IS ALSO, UM, LESS THAN 25% OF OUR PRIMARY HOME. IT'S I BELIEVE LIKE 23%. AND THEN JUST ONE THING THAT I WANTED TO NOTE TOO, THAT WE HEARD FROM NEIGHBORS AS WELL. UM, THERE WERE CONCERNS ON, YOU KNOW, WOULD THIS TRIGGER AN ADDITIONAL ADDRESS? WILL YOU HAVE AN ADDITIONAL MAILBOX? WILL YOU HAVE ADDITIONAL TRASH SERVICE? UM, AND WE JUST WANNA UM, RE REITERATE THE POINT THAT EVERYTHING WOULD BE MANAGED UNDER A SINGLE HOUSEHOLD. WE'RE NOT LOOKING TO ADD ADDITIONAL TRASH OR RECYCLING. WE'RE MAINTAINING OUR UTILITIES UNDER A SINGLE METER. AND SO EVERYTHING WOULD BE MANAGED UM, BY US, UM, IN THE PRIMARY RESIDENCE. IF WE GO TO THE NEXT SLIDE, UM, THIS WAS JUST US SHOWING HOW THIS, UM, WOULDN'T BE ANY ADVERSE IMPACT TO THE NEIGHBORING PROPERTIES. SO AS I MENTIONED, I THINK BEFORE EVEN, UM, PUTTING UP THE SIGN AND, AND GOING THROUGH THE PROCESS, WE WANTED TO MAKE SURE THAT WE MADE EVERYONE AWARE OF, YOU KNOW, WHAT WAS IT THAT WE WERE LOOKING TO DO. AND SO WE BASICALLY DID NEIGHBORHOOD OUTREACH WAS WE KNEW THAT THAT WAS GONNA BE CRITICAL LIVING IN THE CONSERVATION DISTRICT. SO WE BASICALLY HAND DELIVERED 30 LETTERS BASICALLY OUTLINING SOME OF THE KEY POINTS OF OUR PROJECT, KEY POINTS OF WHAT, WHAT WE'RE LOOKING TO DO AND WHAT WE'RE NOT LOOKING TO DO. AND I THINK JUST KEY POINTS THAT I THINK WOULD BE VERY IMPORTANT, ESPECIALLY LIVING IN THE CONSERVATION DISTRICT. ONE IS THAT WE'RE WILLING TO ACCEPT ANY CONDITIONS THAT WOULD BE REQUIRED. UM, FOR EXAMPLE, OWNER OCCUPANCY. I THINK THAT WAS A BIG CONCERN THAT CAME UP IN TERMS OF, YOU KNOW, WHAT WOULD HAPPEN IF THE PROPERTY WOULD BE SOLD. AND SO WE WOULD, UM, BE LOOKING TO LIVE IN THE PRIMARY HOUSE IF WE WERE TO SELL THE PROPERTY IN THE FUTURE, FOR EXAMPLE. 'CAUSE I THINK THAT DEFINITELY CAME UP. UM, WE WOULD WANT OUR DEED RESTRICTIONS TO RUN WITH THE LAND. SO BASICALLY EVERY OWNER THAT WOULD COME AFTER US WOULD BASICALLY HAVE THE SAME DEED RESTRICTIONS THAT WE WOULD IMPLEMENT AS PART OF, UM, HAVING THE A DU ON PROPERTY. THE SECOND ONE THAT I THINK WAS A BIG CONCERN WAS AROUND WOULD THIS BE LONG-TERM OR SHORT-TERM? BY NO MEANS ARE WE LOOKING TO DO SHORT-TERM. WE HAVE A 16 MONTH OLD CHILD IN OUR HOME. WE'RE NOT LOOKING TO HAVE PEOPLE IN AND OUT OF OUR HOME DOING SHORT-TERM STAYS. AND THE WAY THAT WE WERE DEFINING LONG-TERM RENTAL WAS A YEAR, YEAR AND A HALF PLUS BECAUSE, YOU KNOW, I THINK THAT COULD BE A LITTLE BIT SUBJECTIVE, WHEREAS PEOPLE SAY LONG TERM AND IT COULD BE TWO MONTHS OR THREE MONTHS OR EVEN SIX MONTHS. WE'RE LOOKING FOR BEYOND THAT BECAUSE WE'RE LOOKING FOR, UM, STABILITY. WE'RE LOOKING FOR SOMETHING TO MAINTAIN QUIETLY WITHIN OUR NEIGHBORHOOD. AND ALSO, UM, GIVEN THAT I WORK FROM HOME A FEW DAYS, UM, DURING THE WEEK, I THINK I WANNA MAINTAIN QUIET BECAUSE ALSO OUR CHILD IS AT HOME WITH US, UM, WITH A NANNY. THE THIRD THING THAT I WANTED TO COVER OFF, AND I I MENTIONED THIS EARLIER, IS THAT THE A DU IS ATTACHED TO OUR HOME. AND SO, UM, I THINK WE WANNA MINIMIZE ANY, UM, IMPACT THAT WE WOULD HAVE TO US AS WELL, KNOWING HOW CLOSE THE A DU UM, IS TO OUR HOME. AND THEN JUST ONE OTHER THING THAT WE UM, POINTED OUT HERE WAS JUST LOOKING AT SOME OF THE RECENT, UM, A DU, UM, APPROVALS THAT HAVE HAPPENED. I THINK ONE EXAMPLE WAS IN THE ELMWOOD AREA, STILL WITHIN NORTH OAK CLIFF, AND THAT WAS BACK IN AUGUST. THERE WAS ANOTHER EXAMPLE, AL CAPCO DRIVE. IT'S NOT WITHIN, UM, DISTRICT ONE, BUT IT WAS RECENTLY AS OF SEPTEMBER. AND THEN I DID ALSO WANNA SHOW EXAMPLES OF EXISTING ADUS IN THE SURROUNDING AREA. WE HEARD FROM SOME RESIDENTS THAT THERE'S CURRENTLY NO ADUS, UM, CURRENTLY WITHIN THE CONSERVATION DISTRICT. UM, [04:35:01] BUT I, WITHIN DOING RESEARCH AND ME LEARNING, UM, AS WELL, I HAVE UM, SEVERAL EXAMPLES HERE. SO THERE'S ONE NORTH CLINTON AVENUE, SHADY LANE, SUTER HILL AVENUE WEST COLORADO BOULEVARD, AND NORTH ONEIKA. FIVE OF, UH, THREE OF THE FIVE HERE ARE WITHIN THE CONSERVATION DISTRICT. AND I HAVE ONE RECENTLY ON RECORD THAT I JUST PULLED AS AN EXAMPLE WHERE, UM, AMY DAVIS OF 1106 NORTH CLINTON AVENUE, UM, SHE WAS APPROVED IN A DU FOR RENT WITHIN THE CONSERVATION DISTRICT. AND THERE WAS OTHER EXAMPLES THAT I HAVE HERE AS WELL, BUT WE JUST KIND OF PUT A COUPLE HERE TO SHOW YOU THAT WE'RE NOT THE FIRST TO BE DOING THIS. UM, IF WE GO TO THE NEXT SLIDE, WE BASICALLY NOTED SOME OF THE CONCERNS THAT WE HEARD. UM, AS YOU'VE, UH, SEEN, WE'VE GOTTEN MANY LETTERS AND, BUT WE WANTED TO MAKE SURE THAT IN OUR RESPONSE AND OUR MITIGATION, WE WERE CONSIDERING ALL OF OUR NEIGHBORS BECAUSE WE KNOW THAT A BIG PART OF BEING PART OF A COMMUNITY IS MAKING SURE THAT EVERYONE FEELS SEEN AND HEARD. AND SO I THINK THE FIRST ONE WAS, YOU KNOW, IF YOU MOVE AND YOU KNOW, THERE'S AN A DU FOR RENT AVAILABLE AND WE DON'T KNOW WHO IT WOULD BE RENTED TO, AS I MENTIONED EARLIER, WE ARE LOOKING TO ACCEPT, UM, DEED RESTRICTIONS, UM, FOR OWNER OCCUPANCY. WE ARE LOOKING TO REMAIN LIVING ON SITE AND WE'RE NOT LOOKING TO DO ANY SHORT-TERM RENTALS. THE SECOND CONCERN WAS ON YOU. DO YOU FEEL SAFE RENTING IT? I THINK, YOU KNOW, THE, THE BIG THING HERE IS WE REALLY WANNA BE RESPONSIBLE IN TERMS OF, UM, OVERSIGHTING THE TENANT AND, UM, MAKING SURE THAT WE HAVE SAFETY IN OUR HOME. AS I MENTIONED, WE HAVE A CHILD AS WELL. WE HAVE TWO DOGS, SO ANY TENANT AND WE ARE LOOKING FOR ONLY SINGLE OCCUPANTS. SO WE'RE NOT LOOKING TO, UM, ADD EVEN MORE DENSITY TO THE AREA. UM, THEY WOULD BE CAREFULLY SCREENED, MANAGED BY US ON SITE, UM, NO PETS, NON-SMOKING, QUIET HOURS IN FOREST. SO WE'RE REALLY LOOKING FOR IT TO FUNCTION QUIETLY WITHIN THE NEIGHBORHOOD. UM, THE THIRD CONCERN WAS AROUND POOL ACCESS TO THE, YOU KNOW, THE RENTER AND THEM NOT FEELING COMFORTABLE WITH IT. AS I MENTIONED, THE A DU IS FACING OUR POOL, UM, WITH THE A DU, WE WOULD NOT BE GIVING THE RENTER ANY POOL ACCESS. THEY WOULD REMAIN PRIVATE TO OUR HOUSEHOLD. UM, THE FOURTH ONE, IT'S RIGHT NEXT TO OUR HOUSE. IT'S REALLY CLOSE. UM, SOME PEOPLE THOUGHT WE WERE BUILDING ON TOP OF OUR HOME. WE'RE NOT LOOKING TO CHANGE THE EXISTING STRUCTURE, WE'RE USING WHAT WE CURRENTLY HAVE. UM, THEN THE, THE, UH, FOURTH ONE OR THE FIFTH ONE I SHOULD SAY, WHERE WE WOULD PARK, I THINK WE TOUCHED A LOT ON PARKING. UM, BUT WE WOULD LOOK TO, UM, PROVIDE ONSITE PARKING SO WE WOULDN'T BE RELYING ON STREET PARKING. ONE OTHER THING THAT I WANTED TO POINT OUT THAT'S NOT NOTED HERE IN TERMS OF NEIGHBOR CONCERNS, I THINK IT WAS REALLY INTERESTING AS WE WERE READING THROUGH, UM, A LOT OF THE LETTERS, HOW THERE'S A LOT OF SPECULATION IN TERMS OF HOW WE'RE CURRENTLY USING OUR LOT. AND I THINK THAT, UM, THIS IS WHY WE WANTED TO COME IN FRONT OF YOU GUYS TO BASICALLY VOICE KIND OF WHAT WE'RE LOOKING TO DO. SO WITH THAT, CAN WE GO TO THE NEXT SLIDE? WE JUST WANTED TO KIND OF POINT OUT HERE WHY WE'RE LOOKING TO DO A CONVERSION VERSUS LIKE BUILDING OUT AN ENTIRELY DETACHED A DU. I THINK ONE THING TO NOTE IS THAT IT WOULD BE TWO TO THREE TIMES MORE EXPENSIVE. UM, BUT REALLY THE PRIMARY REASON FOR CONVERTING OUR GARAGE VERSUS BUILDING OUT SOMETHING NEW ON OUR LOT IS REALLY TO MINIMIZE PHYSICAL AND NEIGHBOR IMPACT WHILE STILL ACHIEVING A SAFE CODE COMPLIANT, UM, RESIDENTIAL UNIT. I THINK THE OTHER THING TO NOTE TOO, UM, ON A PERSONAL LEVEL, MY SISTER MOVED TO DALLAS, UM, TWO YEARS AGO FROM NEW YORK. I'M ORIGINALLY FROM NEW YORK, AND UM, SHE WAS ALSO LIVING IN THE AREA, UM, RIGHT OFF OF SYLVAN 30. AND JUST FOR A ONE BEDROOM, SHE'S 23, SHE WAS PAYING $1,800, UM, WHICH IS ASTRONOMICAL. SHE HAD TO MOVE OUT OF THE AREA BECAUSE EVEN AS SOME NEIGHBORS HAVE NOTED, YES, THERE ARE COMPLEXES WITHIN THE AREA, BUT IT'S VERY, VERY EXPENSIVE, UM, TO LIVE WHERE WE LIVE. AND SO I THINK, YOU KNOW, WE THINK THAT WITH THIS A DU WE CAN ADDRESS SOME OF THE HOUSING CONCERNS AND EVEN IF WE CAN JUST HELP ONE PERSON, THAT'S THE LEASE THAT WE CAN DO WHILE STILL MAKING USE OF OUR PROPERTY. IF WE GO TO THE NEXT SLIDE. SO IN TERMS OF RENTAL USE, WE REALLY WANNA MANAGE IT TO MINIMIZE IMPACT. AND SO, UM, I TOUCHED ON A LOT OF THESE THINGS. SO PRIMARY RESIDENTS WOULD STILL BE OWNER OCCUPIED. WE WOULD BE MANAGING THE A DU OURSELVES, AS I MENTIONED SEVERAL TIMES. WE ARE LOOKING TO ACCEPT ANY AND ALL CONDITIONS REQUIRED TO MAYBE TO BE ABLE TO HAVE THIS FUNCTION QUIETLY, WHETHER THAT BE THE RESTRICTING OWNER OCCUPANCY. I THINK WE EVEN WANTED TO GO TO THE EXTREME OF, BECAUSE WE KNOW THAT PARKING IS SUCH A CONCERN OFF THE STREET THAT WE WOULD WANT TO DERESTRICT PARKING LIMITATIONS WHERE THE PERSON WHO WOULD BE RENTING OUR A DU WOULD BE RESTRICTED TO PARK ONLY ON OUR PROPERTY AND WOULDN'T BE ALLOWED STREET PARKING. JUST KNOWING HOW IMPORTANT THAT IS TO OUR NEIGHBORS. AND THEN ALSO, UM, UM, ANNUALLY REGISTERING OUR A DU WITH THE CITY'S SINGLE FAMILY RENTAL PROGRAM. WE'RE SUPER OPEN AND I THINK WE'VE BEEN VERY OPEN FROM THE VERY BEGINNING, ESPECIALLY AS WE'VE KIND OF GONE DOOR TO DOOR LISTENING TO CONCERNS, UM, FROM OUR NEIGHBORS. SECOND POINT ON LONG-TERM RENTAL, UM, THIS COULD BE LONG-TERM RENTAL OR EVEN FOR FAMILY AND FRIEND, UM, FAMILY AND GUESTS THAT WOULD COME, BUT BY NO MEANS IS THIS, UM, FOR, UH, SHORT TERM USE. AND ONE THING THAT I WANNA NOTE IS THAT FROM SOME OF THE ADU THAT WE SHARED WITHIN THE CONSERVATION DISTRICT, THOSE ARE CURRENTLY BEING USED AS SHORT TERM. SO WE'RE NOT LOOKING TO DO THAT. BUT I JUST WANTED TO BRING THAT POINT UP BECAUSE I THINK THAT THERE WAS A LITTLE BIT OF CONFUSION [04:40:01] FROM SOME OF THE FEEDBACK THAT WE GOT WITHIN THE LETTERS IN THAT, YOU KNOW, THERE'S NO CURRENT, UM, THINKING THAT THERE'S NO CURRENT ADUS WITHIN THE CONSERVATION DISTRICT. UM, AND THAT, YOU KNOW, A LOT OF CONCERNS AROUND SHORT TERM. UH, THE THIRD POINT AROUND CONVERTING THE EXISTING STRUCTURE. SO, YOU KNOW, NOT LOOKING TO EXPAND ANYTHING OR INCREASE DENSITY, UM, USING THE EXISTING UTILITY METER. I THINK THE FOURTH POINT AROUND REALLY MAKING SURE THAT WE HAVE CLEAR BOUNDARIES OR FUNDAL TENANT SCREENING OVERSIGHT TO ENSURE HIGH ACCOUNTABILITY. I IF I COULD UNDERLINE THAT, I WOULD. AND ALSO THE FUNCTIONS QUIETLY, LIKE WE ARE ALSO REGULAR PEOPLE TRYING TO, YOU KNOW, UM, DO RIGHT BY, UM, BY THINGS AND ALSO RAISING OUR CHILD AT HOME. AND SO WE WANNA MAKE SURE THAT IT'S GONNA FUNCTION QUIETLY. AND THEN LASTLY, I ALREADY TOUCHED ON THE POINT AROUND MISS MIDDLE HOUSING WHILE STILL PRESERVING THE CHARACTER SCALE AND PARKING PATTERNS OF THE NEIGHBORHOOD. SO WITH THAT, WE BELIEVE THAT THIS REFLECTIVELY MEETS THE BOARD STANDARD AND WE RESPECTFULLY ASK FOR YOUR APPROVAL. SO WE JUST GO TO THE FINAL SLIDE. JUST THIS IS US AND WHO WE ARE AS NEIGHBORS, AS I MENTIONED, WE ARE JUST REGULAR PEOPLE TRYING TO DO RIGHT. AND WHICH IS WHY I THINK WE STARTED FIRST WITH NEIGHBOR OUTREACH. UM, WE KNEW THAT THERE WAS GONNA BE SOME OPPOSING, UM, BECAUSE, YOU KNOW, THIS IS SOMETHING, UM, THAT'S DIFFERENT FOR OUR NEIGHBORHOOD SPECIFICALLY, BUT I THINK IT'S NOT SOMETHING THAT WE'RE, WE'RE NOT THE FIRST TO DO THIS WITHIN THE, THE CONSERVATION DISTRICT. AND SO THIS IS OUR SON OWEN AND OUR DOGS, ALI AND TOBY, THANK YOU VERY MUCH FOR YOUR PRESENTATION. UH, WE WILL HEAR FROM THE GENTLEMAN IN OPPOSITION, THEN WE'LL COME BACK WITH QUESTIONS. THANK YOU MS. WILLIAMS NAME. SORRY, MR. ANDREW MORRIS. YES, I'M ANDREW MORRIS AND I LIVE AT 8 3 1 SHADY LANE, WHICH IS, UM, WITHIN THE 200 FEET RADIUS. UM, I'M, I'M NOT NEXT TO THE, TO THE APPLICANTS. I'M THE, I'M ON THE OTHER SIDE OF THOSE PEOPLE. UM, I, I WROTE A LETTER OF OF OPPOSITION, UH, WHICH I'M, I THINK YOU GUYS HAVE ALL RECEIVED, UM, WHICH KIND OF ADDRESSED SOME OF MY, UH, INDIVIDUAL CONCERNS TO THIS SPECIFIC PROJECT. UM, AND SO, BUT I, YOU KNOW, AND THEY DID DO A GOOD JOB OF OUTREACH AND I SPOKE WITH THEM AND I TOLD THEM I WOULD BE SPEAKING IN OPPOSITION. UM, I DON'T THINK THIS IS LIKE A CONTENTIOUS, UH, TOLAN TYPE, UH, THING AT ALL. I, I SAW THE STRAIGHT LANE AND I SAW THE TOKA ON, I'M LIKE, THIS IS GONNA GO ON FOREVER. UM, BUT ANYWAY, THANK YOU GUYS FOR WHAT YOU DO AND THANK YOU FOR STAYING LATE. I WAS WORRIED WE'D GET, THERE'D BE A TIME LIMIT OR SOMETHING, AND I THINK IT'S FUN TO PARTICIPATE IN GOVERNMENT AND DEMOCRACY. SO I, I WAS SORT OF EXCITED TO SPEAK ANYWAY, JUST BROADLY SPEAKING, UM, ABOUT ADUS, I'M, I'M REALLY OPPOSED TO THEM. I KNOW WE ALL HAVE OUR OPINIONS AND I KNOW THAT, UM, HOUSING IS, IS, IS AN IMPORTANT, UH, CONCERN IN THE CITY. UM, I I FEEL THAT, UH, I FEEL THAT THINGS AS WE KNOW STYLES START ON THE COASTS AND MOVE INWARD. I FEEL LIKE, UM, MINNEAPOLIS AND CALIFORNIA, THESE PLACES WHERE IT'S BEEN EXPERIMENTED WITH AND APPLIED, UM, HAVE NOW COME TO DALLAS. AND I JUST DON'T THINK IT'S A GOOD IDEA TO DENSIFY, UM, EXISTING SUBURBAN NEIGHBORHOODS IN THE NAME OF THE PUBLIC BENEFIT, WHICH YOU GUYS, I GUESS ARE, YOU KNOW, CONCERNED WITH, AS I'VE BEEN WITNESSING IS ONE OF THE CRITERIA. AND I FEEL LIKE IN THE CASE OF ADUS, I REALLY FEEL LIKE THE PERSON WHO STANDS TO BENEFIT IS THE APPLICANT. I DON'T FEEL LIKE IT'S IN THE BROADER COMMUNITY INTEREST AND I'LL JUST GET TO THAT REALLY QUICKLY. UM, SO LET ME RUN THROUGH IT BECAUSE I JUST WANNA MAKE MY POINTS. UM, IN 2025, THERE WERE 21,000 APARTMENT STARTS IN DALLAS FORT WORTH, UM, 6,000 OF WHICH WERE IN THE CITY OF DALLAS. UM, I, THIS IS ALL JUST FROM, YOU KNOW, QUICK SEARCH AND EVERYTHING, BUT THE DALLAS CONSISTS OF ABOUT 215,000 DETACHED SINGLE FAMILY HOMES. SO, UM, AND, AND THERE ARE 700,000 MULTI, UH, FAMILY HOUSING UNITS. ANYWAY, UM, THE, I WORKED FOR A DEVELOPER ACTUALLY IN, IN CALIFORNIA, UM, WHO, WHO SAID THE TWO WORST WORDS, UH, IN, IN DEVELOPMENT ARE DENSITY AND SPRAWL. UM, SO YOU BASICALLY, LIKE, YOU CAN'T SATISFY ANYONE. UM, THE PROBLEM I SEE WITH LIKE THE DENSIFICATION OF, OF, OF OUR SINGLE FAMILY NEIGHBORHOODS, FIRST OF ALL IT'S THE THE CASH COW OF, OF, OF THE CITY. IT'S LIKE OUR SINGLE FAMILY NEIGHBORHOODS PAID FOR EVERYTHING. IT'S THE DESIRABILITY OF LIVING HERE. WE'VE CHASED OFF OUR MIDDLE CLASS TO THE, YOU KNOW, TO THE SUBURBS AND EVERYTHING, WHAT VIA FROM SCHOOLS AND ALL OF THAT. I, I, I THINK IF YOU CHASE OFF WHO'S LEFT OF SINGLE FAMILY HOMEOWNERS, I THINK WE'RE GONNA HAVE ISSUES IN THE CITY, UM, FARTHER DOWN THE ROAD. SO ANYWAY, RUNNING DOWN THE DENSITY FIGURES, UM, THE CBD, YOU KNOW, BOUND BY THE FREEWAYS THAT WE'RE IN WOULD ALL [04:45:01] 35 WHATEVER, 75 AND 30. UM, THE CBD UH, ACTUAL CENTRAL BUSINESS DISTRICT HAS 10,500 MULTIFAMILY UNITS. THE DENSITY IS ABOUT 8,000 TO 10,000 PER, UH, PEOPLE PER SQUARE MILE. AND SO THE OVERALL DENSITY IN DALLAS IS ABOUT 3,500 PEOPLE PER SQUARE MILE. AND IT'S OBVIOUSLY A CAR CENTRIC CITY. WE ALL HAVE CARS, WE DEPEND ON CARS, WE DON'T WALK ANYWHERE. UM, BUT UM, YOU KNOW, IN IN, IN TERMS OF DENSIFYING THE SINGLE FAMILY NEIGHBORHOODS, YOU'RE NOT ACHIEVING LIKE WALKABLE URBAN VILLAGES. UM, THERE'S BASICALLY, UM, LET ME, LET ME JUST WALK THROUGH. SO, SO JUST FOR REFERENCE, UM, WALKABLE COMMUNITIES MANHATTAN HAS IS 75,000 PEOPLE PER SQUARE MILE. NEW YORK OVERALL IS 27,000 PEOPLE PER SQUARE MILE. SAN FRANCISCO, 19,000, THESE ARE ALL WALKABLE CITIES. UPTOWN DALLAS IS 23,000 PER SQUARE MILE. BOSTON IS 15,000 PER SQUARE MILE. KNOX, THE LITTLE KNOX NEIGHBORHOOD IS 14,000 PER SQUARE MILE. AND THEN THE CBD IS ABOUT 10. ANYWAY, MY POINT IS I JUST THINK THERE'S BETTER WAYS BECAUSE I THINK THAT, I THINK THAT THIS IS IN THE INTEREST OF THE APPLICANT AND IN THE INTEREST OF ALL A DU APPLICANTS, I DON'T THINK THIS MAKES A BETTER CITY AND I DON'T, AND, AND SO ANYWAY, UM, I THINK WHAT WOULD MAKE A BETTER CITY IS, IS YES, CREATING MORE HOUSING, BUT DOING IT IN TARGETED URBAN NEIGHBORHOODS. AND I JUST KIND OF RAN DOWN A QUICK THING OF ALL OF THE, THE TRAIN STATIONS EXCLUDING LIKE THE URBAN STOPS, THE RED LINE. UM, IF, IF YOU JUST THEORETICALLY DID A ONE HALF MILE, NOT EVEN A SQUARE MILE, BUT A ONE HALF MILE, UH, WALKABLE URBAN VILLAGE AROUND EACH OF THE RAIL STATIONS, THAT DOESN'T, THAT THAT DOESN'T INCLUDE ALREADY DENSELY DEVELOPED, UM, NEIGHBORHOODS. BASICALLY, I WON'T RUN DOWN ALL THE STATIONS, BUT THERE'S THE RED LINE, THE BLUE LINE, THE GREEN LINE, AND WITHOUT BEING REDUNDANT, UM, DOUBLE DIPPING ON THE STATIONS, YOU COULD ADD 155,000 PEOPLE, UM, UNITS I SHOULD SAY. UM, IF YOU JUST DID ONE HALF SQUARE MILE DENSITY AND YOU'D BE CREATING LIKE A MUCH BETTER CITY, THE HIGHEST PROPERTY VALUES IN THIS CITY ARE NOT DOWNTOWN ANYMORE. AS WE KNOW. ALL EVERYBODY WANTS TO BE NORTH OF WOODALL IN TERMS OF OFFICE, IN TERMS OF LIVING, UM, THE KNOX STREET NEIGHBORHOOD IS INCREDIBLY DESIRABLE. AND I GUESS MY, I JUST DON'T SEE HOW, ESPECIALLY IN THE CON CO CONSERVATION DISTRICT ADDING POTENTIALLY THOUSANDS OF UNITS AND ON A CASE BY CASE BASIS, YOU'RE REALLY CREATING LIKE A MASTER PLAN. YOU'RE, YOU'RE JUST DENSIFYING NEIGHBORHOODS THAT ARE ZONED SINGLE FAMILY I BOUGHT INTO SINGLE FAMILY IN 2017. I, YOU KNOW, I I I JUST DON'T THINK THE RULES OF THE GAME WHEN THEY'RE CHANGED ON A CASE BY CASE BASIS BENEFIT THE COMMUNITY. SO, AND THAT, THAT I, I LOVE MY NEIGHBORS, I LOVE ALL MY NEIGHBORS AND, AND YOU KNOW, I JUST, I JUST WOULD ASK THAT I, I JUST, THE, THE FORWARD DALLAS THING I THINK IS, IS, IS WRONG. AND I THINK ULTIMATELY BASTARDIZING OUR SINGLE FAMILY NEIGHBORHOODS IS NOT THE APPROACH, UM, TO CREATING, I MEAN, YOU COULDN'T EVEN COME CLOSE TO 6,000 APARTMENTS, YOU KNOW, UNIT CREATIONS. I DON'T KNOW HOW MANY WE APPROVE EACH, YOU KNOW, EACH SESSION. BUT I MEAN, WHAT, WHAT YOU DO IS NOT BY APPROVING OR DENYING THESE, THESE REQUESTS IS NOT HAVING ANY MEANINGFUL IMPACT ON THE CONSULT STUFF. THANK YOU VERY MUCH. THANK YOU GUYS. APPRECIATE IT. UH, BOARD MEMBERS QUESTIONS FOR THE APPLICANT? MR. HAITZ? SO, UM, IN MY NEIGHBORHOOD, UH, YOU CAN'T PARK, YOU CAN'T PARK LIKE OUTDOORS ON YOUR PROPERTY. MM-HMM . UH, OR EXTENDED PERIODS OF TIME, LIKE OVERNIGHT AND STUFF. MM-HMM . UH, I'M ASKING, I'M ASKING IF YOU KNOW WHAT THE REGULATIONS ARE RELATED TO OUTSIDE PARKING ON PROPERTIES IN YOUR NEIGHBORHOOD. I'M NOT AWARE BECAUSE YOU'RE POSING THREE PARKING SPOTS THAT WOULD BE OUTDOORS RIGHT. UNCOVERED. UH, BUT THEY'RE, THEY'RE WITHIN OUR PROPERTY, SO I UNDERSTAND THAT MM-HMM . BUT UNCOVERED NOT IN A GARAGE. THAT CORRECT. UM, BUT YOU DON'T KNOW WHAT IF THOSE WOULD BE WITHIN THE PARKING REGULATIONS IN THE CITY OF DALLAS, WHETHER THAT WOULD BE ACCEPTABLE OR NOT? YEAH, TO BE HONEST, I'M NOT AWARE. BUT WHAT I DO KNOW IS THAT WHEN WE BOUGHT THE HOUSE, WE, WE WERE TOLD THAT THERE WERE THREE PARKING SPACES BEHIND OUR HOME. SO THAT'S KIND OF HOW WE'VE BEEN USING THE PROPERTY SINCE WE MOVED THERE. SO YOU, YOU'VE BEEN PARKING NOT IN YOU, YOU'RE NOT USING YOUR GARAGE TO PARK? CORRECT. AND YOU HAVE THREE VEHICLES? [04:50:01] NO, WE HAVE TWO VEHICLES AT THE MOMENT, AND THEN WE HAVE THE THIRD SPACE, UM, AT LEAST ONE OF THE LETTERS IN OPPOSITION. MM-HMM . IT COULD BE MORE, I DIDN'T READ ALL OF EVERY LETTER. MM-HMM . MENTION HOW YOU WOULD GET, HOW YOU WOULD MOVE AROUND THREE CARS IN THE SPACE YOU HAVE THERE. AND WHEN LOOKING AT THE, AT THE DIAGRAM THAT YOU HAVE, IT, IT REALLY IS, YOU KNOW, A, A QUESTION OF HOW YOU WOULD MM-HMM . YOU, YOU CAN'T PULL THREE CARS IN AND OUT LIKE YOU HAVE THEM SHOWN IN THE, IN THE GRAPHICS, BUT SOMEBODY WOULD HAVE TO MOVE A CAR TO DO THAT. I MEAN, SO I CAN TELL YOU THAT WE'VE UM, BEEN ABLE TO MOVE WHILE HAVING THREE CARS PARKED. WERE STILL ABLE TO MOVE A CAR OUT. WE HAD ONE NEIGHBOR SPECIFICALLY, AND I DON'T KNOW IF THAT'S THEIR LETTER, UM, WHERE WE ASKED THEM IF WE COULD SHOW THEM HOW WE WOULD BE, THEY DECLINED. UM, BUT WE ARE ABLE TO TAKE A CAR OUT. WE DON'T NEED TO TAKE ONE OUT TO THEN BE ABLE TO TAKE OUT ANOTHER ONE. OR, YOU KNOW, HAVING TO MOVE ONE CAR TO THEN COME IN, WE'RE ABLE, UM, TAKE ONE CAR OUT AND PUT IT BACK IN EVEN IF TWO ARE ALREADY PARKED THERE. UM, AND I WISH I HAD A VIDEO TO SHOW THAT I HAVE PHOTOS OF WHAT THE THREE CARS LOOK LIKE PARKED ALTOGETHER, BUT UNFORTUNATELY I DON'T HAVE A VIDEO SHOWING . UH, DO YOU HAVE ANY SPECIFIC INFORMATION ON WHAT YOUR QUALIFICATIONS OR ARE GOING TO BE FOR ANYONE YOU ACCEPT AS A TENANT IN, UH, QUALIFICATIONS? IN TERMS OF LIKE, WHO WOULD BE, WE WOULD BE RENTING TO? MM-HMM . YEAH, SO I THINK THAT FOR ONE, IT NEEDS TO BE A SINGLE OCCUPANT. SO WE'RE NOT LOOKING FOR A COUPLE, WE'RE NOT LOOKING FOR A FAMILY KNOWING THAT IT'S ONLY A 459 SQUARE FOOT GARAGE. THERE'S NOT A TON OF SPACE FOR PROBABLY MORE THAN ONE PERSON. SO I THINK THAT WOULD BE THE FIRST ONE. I THINK IN TERMS OF HOW WE WOULD MAKE SURE THAT WE'RE, UM, ALLOWING THIS TO FUNCTION QUIETLY WITHIN THE NEIGHBORHOOD, WE WILL WANNA ENFORCE, JUST LIKE IF I WERE RENTING IN AN APARTMENT WHERE WE WOULD HAVE QUIET HOURS, UM, WE WOULD ENSURE THAT THERE'S, IT'S NON-SMOKING, THERE'S NO PETS ALLOWED, UM, THERE'S NO POOL ACCESS. SO ALL OF THAT WOULD BE WRITTEN WITHIN THE RENTER'S AGREEMENT. SIMILAR TO WHEN WE LIVED IN APARTMENT AS WELL, WHERE THERE WERE VERY STRICT GUIDANCE IN TERMS OF YOU CAN'T DO THIS WITHIN THE APARTMENT. IF YOU DO DO THIS, YOU CAN GET, YOU KNOW, UM, A WARNING IF YOU DO IT AGAIN, YOU COULD, YOU KNOW, GET KICKED OUT OF, UM, THE APARTMENT COMPLEX. SO WE WOULD LOOK TO DO THINGS LIKE THAT. AND THEN I THINK ALSO JUST KNOWING HOW PARKING IS SUCH A BIG CONCERN WITHIN OUR NEIGHBORHOOD, WE REALLY WANNA LOOK TO GO TO THE EXTREME OF, UM, SEEING HOW WE CAN DEED RESTRICT PARKING ON SITE SO THAT IT MINIMIZES THE CONCERNS ON DENSITY. AND SO THAT THE PERSON THAT WE WOULD BE, UM, IDEALLY RENTING TO, THEY WOULD HAVE TO PARK ON SITE AND THEY WOULD NOT HAVE ACCESS TO, UH, STREET PARKING. UM, WHERE WOULD THE GUESTS OF THE TENANT PARK BE PARKING, EXCUSE ME, WHERE WOULD GUESTS OF THE TENANT BE PARKING? SO THEY COULD EITHER PARK IN FRONT OF OUR HOME AND OR OFF OF SYLVAN AVENUE, THERE IS ALSO PARKING ON THE STREET. MM-HMM . CORRECT. OKAY. UM, THE, THE OTHER ADUS THAT YOU HAD IN YOUR PRESENTATION MM-HMM . UH, CAN YOU GIVE US AN IDEA OF THE PROXIMITY OF THOSE TO YOUR PROPERTY? YES, ABSOLUTELY. SO I CAN PULL ONE UP. UM, SO I HAVE THIS, THE CLOSE, THE CLOSEST ONE WOULD BE FINE. YEAH. SO THERE'S ACTUALLY ONE ON SHADY LANE. SO, UM, I'M TERRIBLE WITH DIRECTIONS, BUT IF I WERE WALK WALKING, I'D BASICALLY HAVE TO GO, UM, AROUND, UH, AND I WOULD MAKE, I WOULD GO TO THE CORNER AND THEN MAKE A LEFT ONTO SHADY LANE AND THERE IS A, UM, A DU BASICALLY KIND OF BEHIND OUR HOUSE, SO NOT LIKE DIRECTLY BEHIND US, BUT THE NEXT STREET OVER. SO IT'S WALKABLE FROM HALF A MILE LESS. IT'S LESS THAN THAT. LESS THAN HALF A. YEAH. SO IT'S, I PROBABLY LIKE A MINUTE WALK, I'M BEING HONEST. AND THEN A SECOND ONE THAT I HAD TOP OF MIND, THERE'S TWO OFF OF NORTH CLINTON AVENUE AND THAT'S PROBABLY A FIVE MINUTE WALK. DID YOU SPEAK TO THE NEIGHBORS AROUND THOSE ADUS? I DID. AND THIS, THEY KIND OF GAVE US GUIDANCE IN TERMS OF HOW, UM, TO CONSIDER EVEN HOW THEY MANAGE THEIR A DU AND, AND, UH, NOT THE PEOPLE THAT HAVE THEM MM-HMM . PEOPLE THAT LIVE AROUND THEM. OH, ABSOLUTELY. AND WE HEARD A, A TON OF THE CONCERNS IN TERMS OF PARKING SAFETY, HOW WOULD IT BE MANAGED, WILL IT BE SHORT TERM? I THINK THERE'S ALSO A LOT OF US ASSUMPTIONS AND SPECULATION IN TERMS OF HOW WE WOULD BE MANAGING IT, BUT THEY'RE NOT EVEN LETTING US GO THROUGH THE PROCESS OF BEING ABLE TO IMPLEMENT WHAT WE NEED TO IMPLEMENT TO MAKE SURE THAT IT'S FUNCTIONING QUIETLY. SO DID YOU, IT DOESN'T LOOK LIKE THERE'S A LOT OF SUPPORT FROM PEOPLE WHO LIVE AROUND THESE OTHER ADUS FOR HAVING ANOTHER ONE IN THE NEIGHBORHOOD? YEAH, ABSOLUTELY. AND I THINK THE UNFORTUNATE PART IS THAT, UM, WE ACTUALLY HAD SOMEONE HERE EARLIER WHO WAS ONE OF OUR NEIGHBORS THAT, YOU KNOW, WE SPOKE TO, UM, THAT IS, YOU KNOW, WITHIN WALKING TO LIKE, BASICALLY ON OUR STREET WEST GREENBRIAR, UNFORTUNATELY HE HAD TO LEAVE EARLY BECAUSE HE RAN OUT OF TIME. SO HE WASN'T ABLE TO SPEAK IN SUPPORT OF WHAT WE'RE LOOKING TO DO. I THINK THAT THERE WERE ALSO SEVERAL NEIGHBORS THAT WE SPOKE TO THAT WERE IN SUPPORT OF WHAT WE ARE LOOKING TO DO, BUT I THINK THEY PREFER TO NOT ENGAGE, UM, BECAUSE I THINK THERE'S A LITTLE BIT OF A DIVIDE WITHIN OUR NEIGHBORHOOD CURRENTLY. THANK YOU. THANK YOU. I APPRECIATE YOUR, UM, THOROUGHNESS IN YOUR REQUEST AND, UM, AND YOUR APPROACH. BUT I'M [04:55:01] AN A DU, UH, EVERY CASE THAT COMES TO US, REGARDLESS OF THE CA CLASSIFICATION MM-HMM . IS, IS TREATED INDIVIDUALLY AND WITHOUT PRECEDENT. ABSOLUTELY. ON TOP OF THAT, WHEN ADUS COME TO US FOR RENT, IT'S EVEN A HIGHER THRESHOLD. ABSOLUTELY. AND THAT IS GOVERNED BY VIRTUE OF THE CITY COUNCIL. THE CITY COUNCIL SAID, OKAY. BOARD OF ADJUSTMENT MM-HMM . OR OKAY. PROPERTY OWNER, YOU CAN REQUEST FOR AN A DU FOR RENT, BUT YOU'VE GOTTA GO TO THE BOARD OF ADJUSTMENT. YOU'VE GOT A DEED RESTRICT THAT YOU'RE GONNA BE IN THE PROPERTY AT THE SAME TIME YOUR RENTER YEP. AND YOU GOTTA SIGN 'EM UP FOR THE LAW OF THE, THE CITY'S PROGRAM AND SO FORTH. AND YOU ALSO HAVE TO PROVIDE PARKING FOR IT. YEAH. SO THERE ARE BUILT-IN, UH, CITY COUNCIL REQUIREMENTS FOR THAT. ABSOLUTELY. AND THEN ON TOP OF THAT, OUR CRITERIA, AND AS YOU'VE HEARD ME TODAY, READ OVER AND OVER OUR CRITERIA IS THAT GRANTING THAT THE BOARD MAY GRANT A SPECIAL EXCEPTION TO AUTHORIZE A RENTABLE ACCESSORY DWELLING UNIT, IF IN THE OPINION OF THE BOARD, THE EXCESSIVELY DWELLING UNIT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. MM-HMM . AND THEN IT TALKS ABOUT A PARKING REQUIREMENT. SO I'M CHARTING, AND I DO THIS IN EVERY SINGLE CASE. YEP. AND 8 21 GREENBRIER. NO, EIGHT 15 GREENBRIER. NO. EIGHT 11 GREENBRIER. NO. 8 0 5 GREENBRIER, NO. 8 31 SHADY LANE. NO. EIGHT 10 GREENBRIER. NO. EIGHT 19 SHADY LANE. NO. 8 0 4 SHADY LANE, NO. 1444 SYLVAN. NO. YOU CAN SEE HERE, WE THREW OURSELVES IN THE FIRE. NOW I'M NOT DONE, MA'AM. YOU'RE GONNA GET A QUESTION OUTTA ME. MM-HMM . WE DON'T REACT JUST ON THE FEEDBACK, IT'S PART OF OUR CRITERIA TO GET THE FEEDBACK. UM, BUT IT'S DEMONSTRATIVE, BUT IT'S PART OF IT. AND WHEN I SEE THAT AMOUNT OF OPPOSITION AND THE COMPLEXITY OF STREET TRAFFIC ON SYLVAN AND SOME READING AND THE PICTURES OF CARS AND THAT, IT GIVES ME GREAT PAUSE. MM-HMM . TELL ME HOW YOU WANNA RESPOND TO THAT. NO, ABSOLUTELY. AND I THINK THAT EVERYTHING THAT YOU MENTIONED, UM, IS ABSOLUTELY VALID. AND I HEAR YOU AND I THINK WE HEARD THAT ALSO FROM OUR NEIGHBORS. I THINK I WAS SORRY THAT I INTERRUPTED YOU. I WAS JUST SAYING THAT WE KNEW THAT WE THREW OURSELVES IN THE FIRE EVEN GOING THROUGH THE PROCESS, BUT WE KNOW WHAT WE'RE ADVOCATING FOR AND, AND YOU KNOW, PEOPLE WHO DON'T KNOW US ON A PERSONAL LEVEL AND NOT TO BRING IN ANYTHING PERSONAL OR MAKE IT EMOTIONAL, BUT I THINK IT'S, IT'S UNFORTUNATE THAT IT, IT'S REALLY HARD TO DEFEND YOURSELF BEFORE BEING ABLE TO EXECUTE SOMETHING AND, AND SHOWING HOW YOU'RE ABLE TO DO IT. I THINK ALSO A LOT OF WHAT WAS SHARED, UM, OFTENTIMES THINKS THINGS CAN BE SHARED OUT OF CONTEXT. LIKE, FOR EXAMPLE, THERE'S WAS A LOT OF CONCERN AROUND, YOU KNOW, YOU ALWAYS ALREADY HAVE A, A CAR PARKED IN FRONT OF YOUR HOUSE. YES. WE HAVE, UM, OUR SON AT HOME AND OUR NANNY TAKES CARE OF HIM, YOU KNOW, MONDAY THROUGH FRIDAY, MONDAY THROUGH FRI, UH, MONDAY THROUGH THURSDAY IS, YOU KNOW, NINE TO FOUR. UM, ON FRIDAYS IS HALF DAY. UM, BUT THERE'S, OKAY, SO GO BACK TO MY QUESTION. YEP. I READ OFF ALL THESE, SORRY, I WAS JUST SURROUNDING PROPERTY OWNERS MM-HMM . THAT SAID NO. MM-HMM . AND UM, SO WHAT IS YOUR REACTION TO THAT? THEY DIDN'T SAY, MAYBE THEY DIDN'T SAY YES. MM-HMM . THEY DIDN'T GO QUIET. THEY SAID NO. YES, I KNOW. I THINK I WAS JUST, IT WAS MY LONG, THAT IS, THAT IS THE PROCESS THAT WE GO THROUGH MM-HMM . TO GET THAT FEEDBACK AND EVERYONE THAT I LISTED ARE WITHIN THE 200 FEET. ABSOLUTELY. WHICH DOESN'T GIVE 'EM A HIGHER PLACE, BUT IT GETS A LITTLE BIT MORE OF OUR ATTENTION. YEAH, ABSOLUTELY. SO, VERY SUCCINCTLY RESPOND PLEASE. OKAY. I WON'T HAVE MY LONG WEEK 'CAUSE WE'RE GONNA, WE'RE GONNA CUT THIS OFF AND WE'RE GONNA GIVE, GO TO YOUR REBUTTAL. OKAY. GOTCHA. UM, SO JUST, I, I WILL SAY THAT I, BECAUSE I ALSO HEARD FROM THEM, I'M NOT SURPRISED THAT THEY, UM, SUBMITTED, YOU KNOW, THEIR OPPOSITION IN TERMS OF NOT BEING SUPPORTIVE. WE KNEW THIS, YOU KNOW, GOING INTO, EVEN COMING TODAY IN TERMS OF WE WOULD HAVE TO TRY AND DEFEND WHAT WE'RE LOOKING TO DO. UM, I, I CAN'T ADD ANYTHING FURTHER IN TERMS OF LIKE THE THINGS THAT THEY'RE LISTING OUT. WE HAVE CLEAR MITIGATION PLANS IN TERMS OF HOW WE'RE LOOKING TO ADDRESS THEIR CONCERNS. I HEAR THAT, BUT DID, DID YOU GET ONE SUPPORTER? IS THERE ANY YES. SO IN OUR NOTIFICATION, THE OTHER'S NOT A ONE. CORRECT. AND SO WHAT I WAS TRYING TO SAY EARLIER WAS WE HAD PEOPLE THAT WERE SUPPORTIVE BUT DENY TO ENGAGE IN THE PROCESS. WELL THAT'S, BUT THAT'S THE WAY THE SYSTEM WORKS. RIGHT. I KNOW. AND THAT'S JUST, YEAH. YOU KNOW, THAT'S JUST LIKE VOTING. IF YOU DON'T SHOW UP TO VOTE, YOU KNOW, THEN DON'T COMPLAIN. NO, NO. I'M NOT COMPLAINING AT ALL. NOT YOU. YEAH, YEAH. I'M SAYING THAT'S THE WAY IT WORKS. YOU HAVE TO, YOU HAVE TO REGISTER, VOTE AND VOTE. ABSOLUTELY. YEAH. SO I THINK WE DID HAVE PEOPLE WHEN WE, BECAUSE AS I MENTIONED, WE WENT DOOR TO DOOR AND WHO WERE SUPPORTIVE BUT CHOSE NOT TO ENGAGE. UM, OKAY. BECAUSE OF JUST THE DIVIDE OF OUR NEIGHBORHOOD. SO. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, YOU HAVE FIVE MINUTES FOR REBUTTAL. UM, I THINK I'VE PRETTY MUCH SAID, SAID A LOT OF WHAT, AND I DON'T, YOU KNOW, MY ANSWERS PROBABLY GET PRETTY LONG-WINDED. I THINK I'VE PRETTY MUCH ADDRESSED EVERYTHING. AND I THINK JUST ONE LAST THING THAT I'LL SAY IS, UM, YOU KNOW, IN LOOKING TO DO THIS, UM, [05:00:01] I THINK WE'VE BEEN VERY OPEN FROM THE VERY BEGINNING, YOU KNOW, LOOKING TO ENGAGE IN CONVERSATION, YOU KNOW, SUS SOLICITING FEEDBACK, YOU KNOW, WHETHER PEOPLE WERE GONNA AGREE OR NOT AGREE WITH US. THE UNFORTUNATE PART IS THAT, YOU KNOW, WE HAVE ALL OF THE OPPOSITIONS, THE LETTERS, BUT PEOPLE WHO WERE IN SUPPORT OF US ARE NOT HERE. AND THEN AS I MENTIONED, WE'RE NOT LOOKING TO ENGAGE IN THE PROCESS. UM, AND I THINK, YOU KNOW, AGAIN, PEOPLE WHO DON'T KNOW US ON A PERSONAL LEVEL ARE SPECULATING HOW WE'RE LOOKING TO USE OUR LAND AND OUR LOT MOVING FORWARD, UM, WITHOUT GIVING US A CHANCE IN TERMS OF BEING ABLE TO IMPLEMENT SOME OF THOSE DEED RESTRICTIONS AND THINGS THAT WE NEED TO DO. UM, AND THEN I THINK ALSO, UM, SORRY. UM, AND I THINK ALSO, UM, IN TERMS OF HOW THINGS AS WE WERE GOING DOOR TO DOOR, UM, IT WAS INTERESTING TO LEARN A LOT FROM THE HISTORY OF OUR NEIGHBORHOOD AND HOW THINGS WERE KIND OF ORGANIZED THROUGHOUT THE NEIGHBORHOOD. SO I THINK WHEN I SAY THE CLEAR DIVIDE, THAT'S WHAT I'M REFERRING TO IN TERMS OF HOW THERE ARE PEOPLE WHO HAVE BEEN IN OUR NEIGHBORHOOD FOR A VERY LONG TIME, AND THEN THERE'S A LOT OF NEWCOMERS. A LOT OF THE NEWCOMERS, YOU KNOW, WERE THE ONES THAT CHOSE NOT TO ENGAGE. WE ACTUALLY HAD SOME PEOPLE, YOU KNOW, TWO THAT WERE, UM, IN THE NEIGHBORHOOD OVER 30 YEARS THAT UNFORTUNATELY, YOU KNOW, AS I MENTIONED, WE'RE NOT LOOKING TO, UM, BE HERE. SO I DON'T HAVE ANYTHING ADDITIONAL TO ADD. I JUST WANNA SAY THAT, YOU KNOW, AS I MENTIONED FROM THE VERY BEGINNING IN MY OPENING STATEMENT, WE ARE LOOKING TO ACCEPT ANY AND ALL CONDITIONS REQUIRED. THANK YOU VERY MUCH. ANY OTHER QUESTIONS? THE CHAIR WOULD ENTERTAIN A MOTION. I'LL MAKE ONE IF NO ONE ELSE WANTS TO. OKAY. UM, I APPRECIATE YOUR, UH, ADVOCACY. I APPRECIATE YOU, UH, YOUR OUTREACH, UM, VERY SINCERELY, BUT THE SYS THE, THE PROCESS IS, IS WORKING THE WAY IT SHOULD ACTUALLY, UM, I MOVE THAT THE BOARD OF ADJUSTMENT REQUEST, BOA TWO FIVE DASH 0 0 0 1 0 5, THIS IS AT 8 0 2 WEST GREENBRIAR, UH, OF KIRA MARIA MEDINA DENY THE SPECIAL REQUEST, SPECIAL EXCEPTION REQUEST, UH, TO CONSTRUCT, TO MAINTAIN AN ACCESSORY DWELLING UNIT ON SITE DEVELOPED WITH THIS, WITH A, WITH A SINGLE FAMILY STRUCTURE, SO REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY, THE CHAIRMAN. SO MOVES, IS THERE A SECOND? SECOND. IT'S BEEN MOVED BY CHAIRMAN NEWMAN, SECONDED BY MS. DAVIS BOARD MEMBERS. I MADE THIS, I MADE THE MOTION BECAUSE, UH, IT, THE NEIGHBOR NEIGHBORHOOD OPPOSITION IS OVERWHELMING, NUMBER ONE. NUMBER TWO, THE FACTS THAT WERE PRESENTED TO US IN THE PACKET THAT WERE GIVEN RELATING TO THE SITE PLAN. UM, I'M, I'M ZEROING IN ON, UM, PAGE 2 25 AND THE, THE TIGHTNESS OF THE PARKING AND THE ACCESS TO AND FROM SYLVAN AND THE LETTERS FROM THE NEIGHBORS TALKING ABOUT THE AMOUNT OF PARKING ON GREENBRIAR AND THE GENERAL CONSENSUS THAT THIS PARTICULAR UNIQUE NEIGHBORHOOD REALLY IS HESITANT ABOUT MORE CONGESTION AND, UM, ON STREET PARKING. UH, IT CONCERNS ME THAT THIS IS, UH, BEYOND A STRETCH. THIS IS JUST NOT GOING, IT'S NOT IN THE, IN NOT IN THE BEST INTEREST OF THE NEIGHBORHOOD. UM, AND THEREFORE IN MY OPINION, IT MEETS THE CRITERIA. IT MEETS THE CRI, IT FAILS TO MEET THE CRITERIA OF IT NOT ADVERSELY AFFECTING A PROPERTIES. AND I THINK IT WILL. SO THEREFORE I MOVE TO DENY. MS. DAVIS, I AGREE WITH CHAIRMAN NEWMAN'S COMMENTS. I WANNA COMMEND THE APPLICANT JUST FOR THE GREAT JOB THAT YOU DID WITH YOUR PRESENTATION AND THE FACT THAT YOU ENGAGED IN YOUR NEIGHBORHOOD AND YOU CARE ABOUT YOUR NEIGHBORS. THAT'S NOT ALWAYS THE CASE AS WE SAW TODAY, BUT, UM, I, I AGREE. I JUST, I LOOK AT THE SAFETY OF IT AND THAT NEIGHBORHOOD, THAT LACKING OF NEIGHBORHOOD SUPPORT REALLY SPEAKS VOLUMES. ANY OTHER, UH, COMMENTS ON THE MOTION DISCUSSION OF THE MOTION? THE MOTION ON THE FLOOR IS TO DENY TWO FIVE DASH 0 0 0 5 DENY WITHOUT PREJUDICE HEARING. NO OTHER DISCUSSION. THE BOARD SECRETARY WILL TAKE THE VOTE. MS. HAYDEN AYE. MR. HAITZ? AYE. MS. DAVIS? AYE. MR. DO AYE MR. CHAIRMAN? AYE. MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER OF BOA 2 5 0 0 0 1 0 5. THE BOARD UNANIMOUSLY ON A VOTE OF FIVE TO ZEROS DENYING THE REQUEST FOR A SPECIAL EXCEPTION TO MAINTAIN ACCESSORY DWELLING UNIT WITHOUT PREJUDICE. THANK YOU VERY MUCH. YOU'LL GET A NOTIFICATION FROM THE CITY. THANK YOU. LAST CASE TODAY IS BO A TWO FIVE DASH 0 0 0 1 0 8. THIS IS AT 1 0 6 6 2 COUNTESS DRIVE. HE'S THE APPLICANT PRESENT. HE IS VIRTUAL MR. VIRTUAL MR. OKAY, MR. PHILLIP [05:05:01] PELLEN. OKAY. AND SO DO WE HAVE, WHAT SPEAKERS DO WE HAVE? NO OTHER SPEAKERS REGISTER. OKAY. NO OTHER SPEAKERS REGISTER. ARE YOU GENTLEMEN SPEAKING OR JUST OBSERVING. OKAY, GOOD FOR YOU. THAT'S A LONG DAY. OBSERVING. ALRIGHT, SO, UM, UM, MS. BOARD SECRETARY, WOULD YOU, DO YOU HAVE HIM ONLINE? I DON'T SEE HIM YET. HE, I'M HAVING ISSUES. OKAY. I, MR. PELLAND, IF YOU CAN PLEASE PROVIDE AUDIO AND VIDEO. YES, I HAVE. YES. HERE WE GO. OKAY. HOW ABOUT NOW? OKAY. ALRIGHT SIR, IF YOU WOULD, UH, BE SWORN IN BY OUR BOARD SECRETARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN THEIR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. ALRIGHT, SIR. UM, YOU ARE THE, THE SPEAKER, UM, YOU HAVE FIVE MINUTES PLUS OR MINUS TO ADDRESS THE BOARD AND THEN WE'LL COME BACK TO YOU WITH QUESTIONS. PROCEED. OKAY. THANK YOU. AND I KNOW IT'S BEEN A LONG DAY. UM, YEAH, THANK YOU FOR, UH, FOR YOUR TIME. UM, I'M HERE BEFORE YOU TODAY TO REQUEST A SPECIAL EXCEPTION TO A 20 FOOT VISIBILITY TRIANGLE AT THE INTERSECTION ON MY PROPERTY OF ROYAL AND ALLEYWAY. AND I JUST WANNA MAKE A QUICK NOTE, UM, THAT THE FENCE THAT, SO IT'S A NEW FENCE THAT WAS CONSTRUCTED AND, UH, THE PERSON THAT WE HIRED TO DO THE FENCE SAID THAT THEY TOOK CARE OF THE PERMIT. ANYWAYS, WE LEARNED A VERY GOOD LESSON, UM, ON THIS WHOLE SITUATION. NO PERMITTING WAS DONE. SO NOW WE'RE STUCK WITH TRYING TO GET THE PERMITTING DONE TO ULTIMATELY GET A CERTIFICATE OF OCCUPANCY FOR OUR, OUR NEW HOME THAT WE BUILT. UM, FINISHED IN JULY OF 25, UM, THE FENCE, THE NEW FENCE REPLACED AN OLD FENCE THAT FROM WHAT WE COULD TELL, HAD BEEN THERE FOR AT LEAST 25 YEARS, OR A FENCE HAD BEEN IN THE SAME LOCATION FOR 25 YEARS. UH, THE FENCE CURRENTLY COMPLIES WITH A 15 FOOT VISIBILITY TRIANGLE, WHICH IS WIDELY ACCEPTED ACROSS THE UNITED STATES. UM, SO THERE'S, THERE'S PRECEDENCE FOR THIS. UM, WE DO HAVE LETTERS OF SUPPORT, UM, FROM NEIGHBORS WHO USE THE ALLEY, UH, AND THE FENCE MEETS OR EXCEEDS ALL OF THE REQUIREMENTS. AND, UM, MOVING THE FENCE WOULD, THERE'S AN ESTIMATED COST OF APPROXIMATELY $4,500 TO RE TO MOVE THE FENCE, TO CUT DOWN THE TREES AND MOVE THE FENCE IN ORDER TO COMPLY WITH A 20 FOOT VISIBILITY TRIANGLE. OUR MAIN ARGUMENT IS THAT IT DOES NOT POSE ANY SAFETY ISSUE, UM, THAT THE VISIBILITY IS STILL, UH, SUFFICIENT IN ORDER TO PULL OUT FROM THE ALLEY OR PULL INTO THE ALLEY FROM ROYAL. AND, UM, WITH THAT, IF, IF, IF I, IF THERE WAS ANY OPPOSITION, I WOULD HONESTLY JUST WITHDRAW. UM, I DON'T THINK THERE IS, I DON'T THINK ANYBODY WOULD OPPOSE THIS. 'CAUSE AGAIN, THE FENCE, FROM WHAT WE CAN TELL, IT'S BEEN THERE FOR A VERY LONG TIME IN THAT SAME EXACT LOCATION. UM, AND WITH THAT, I'M DONE. YEAH. THANK YOU VERY MUCH. QUESTIONS FOR THE APPLICANT? MS. HAYDEN, DID YOU SAY THE FENCE HAS BEEN THERE FOR A VERY LONG TIME, BUT I THOUGHT YOU SAID IT WAS BUILT BY YOUR CONTRACTOR WHO DIDN'T GET A PERMIT. A A FENCE HAS BEEN THERE IN THE EXACT SAME LOCATION IT REPLACED. SO BASICALLY YEAH, WE, WE, WE DIDN'T, SO WE USED A CONTRACTOR TO BUILD OUR HOME. HE DID NOT INCLUDE THE FENCE IN THE CONTRACT. SO MY WIFE AND I HIRED SOMEBODY INDEPENDENTLY OF OUR CONTRACTOR TO, UM, TO INSTALL THE NEW FENCE. AND ALL WHAT THEY DID, THEY TORE DOWN THE OLD FENCE AND PUT THIS FENCE AND IT'S IN THE, IN THIS, IN THIS PORTION OF THE FENCE. IT'S IN THE EXACT SAME SPOT AS THE OLD FENCE. AND THEN GOING BACK ON GOOGLE EARTH TO ALL THE WAY TO 2002. WE COULD TELL, UM, THROUGHOUT THE YEARS THAT A FENCE HAD BEEN IN THAT SAME LOCATION AND WE, WE COULD NOT, UM, WE COULD NOT FIND ANY EVIDENCE OF ANY TRAFFIC OR PEDESTRIAN ACCIDENTS AT THAT LOCATION. AND WHAT WERE YOU SAYING ABOUT THE A 15 FOOT VISIBILITY TRIANGLE VERSUS A 20 FOOT? YES. THE FENCE CURRENTLY COMPLIES WITH A 15 FOOT VISIBILITY TRIANGLE, WHICH FOR MANY MUNICIPALITIES, UH, AT AN INTERSECTION OF A RESIDENTIAL STREET LIKE ROYAL AND AN ALLEY, UM, THEY, THEY REQUIRE A 15 FOOT VISIBILITY TRIANGLE, WHICH WOULD ALLOW THE FENCE TO COME OUT JUST A LITTLE BIT FURTHER, WHICH IS WHERE IT IS RIGHT NOW. [05:10:01] OKAY. I BELIEVE, I BELIEVE ROYAL'S AN ARTERIAL, NOT A RESIDENTIAL STREET. SO THAT ONE HAVE A MUCH HIGHER VISIBILITY TRIANGLE FOR A STREET LIKE THAT. UM, ESPECIALLY, I THINK IT'S SIX LANE DIVIDED. SO MY APOLOGIES. THANK YOU FOR THE CLARIFICATION. WHAT OTHER QUESTIONS DOES THE BOARD HAVE FOR THE APPLICANT, MR. HAITZ? UM, DID YOU HEAR THE DISCUSSION EARLIER TODAY? I HEARD SINCE ONE O'CLOCK. UM, ARE YOU AWARE THAT BY, BY TEARING DOWN THE FENCE THAT WAS THERE, A NEW FENCE BECAME SUBJECT TO CURRENT REGULATIONS ON VISIBILITY? YES. OKAY. UM, ARE YOU, ARE YOU SAYING THAT YOU WERE TOLD IT WOULD, IT WOULD COST YOU $4,500 TO MAKE THE ADJUSTMENT WE DISCUSSED THIS MORNING IN TERMS OF HANDLING THE FENCE ONE PANEL IN FROM WHERE IT IS NOW? YEAH. SO IF WE WOULD'VE KNOWN IF OUR, THE PERSON WHO BUILT OUR FENCE WOULD'VE GONE THROUGH THE PROCESS AND GOT THE PERMITTING AND WE WOULD'VE KNOWN THAT IT, THAT IT WOULD'VE NEEDED TO BE CUT IN, WE WOULD'VE DONE THAT. UM, YEAH, WE'RE NOT REALLY TOO STUBBORN ON THIS. AT THE END OF THE DAY, IT'S A FENCE. I MEAN, UM, I JUST, YOU KNOW, THE TREES THAT WE'D HAVE TO CUT DOWN AND THEN WITH THE, THE COST OF CUTTING DOWN THE TREES AND GETTING THE STUMPS OUT AND THEN MOVING THE FENCE, UM, YEAH, IT, WE, WE WOULD RATHER NOT, BUT, YOU KNOW, AT THE END OF THE DAY, IF WE HAVE TO, WE WILL. I MEAN, SO THERE'S A, THERE'S A TREE RIGHT IN THE CORNER OF THE FENCE THERE, IS THAT WHAT YOU'RE SAYING? THREE TREES AN ELM AND TWO CREPE MYRTLES. UM, OUR, UH, STAFF DRIVE THROUGH THE AREA SHOWED YOU HAD TO PULL OUT PRETTY FAR BEFORE YOU COULD REALLY SEE WHAT WAS COMING DOWN ROYAL LANE. DO YOU HAVE ANY, UM, RESPONSE TO THAT? I THINK, YOU KNOW, RELATIVELY YES, YOU DO HAVE TO PULL OUT. THERE ARE, IF, IF YOU'RE ABLE TO LOOK AT, UM, WELL, I DON'T KNOW MY, I GUESS I DID SEND A PRESENTATION, BUT, UM, IF YOU'RE ABLE TO LOOK AT, UH, ONE PHOTO THAT I HAD OF MY VEHICLE THAT WAS THERE AND, AND THEN VISIBLE DOWN WAY, THE BUMPER IS STILL THREE TO FOUR FEET AWAY FROM THE STREET. AND WITH THAT, WE THINK THAT'S SUFFICIENT. UM, THERE'S OTHER OBSTACLES, LIKE THERE'S DOWNLINE, UM, DOWNLINE, FOLIAGE, UH, TREES THAT ARE ON AN, UM, ON AN ADJACENT PROPERTY, THAT BLOCK VIEW. SO MOVING THE FENCE BACK, IT WON'T ACTUALLY, IN OUR OPINION, IT WILL NOT IMPROVE THE VIEW. YOU'LL JUST BE ABLE TO SEE THE TREES BETTER THAT ARE BLOCKING YOUR VIEW. AND, UM, WHY DID, WHY DID YOU NOT GET A PERMIT FOR YOUR FENCE? BECAUSE WE TRUSTED A SUBCONTRACTOR TO DO THAT. WE PAID SOMEONE TO DO THAT. AND AT THE END OF THE DAY, UM, LEARNED A REALLY GOOD LESSON THAT, YOU KNOW, WE NEED TO FOLLOW UP AND SAY, HEY, LET ME SEE THE PERMIT. UM, WE, WE WOULD'VE PREFERRED TO HAVE DONE IT THE, THE RIGHT WAY TO BEGIN WITH AND HAD IT BUILT, YOU KNOW, THE RIGHT WAY. UM, BUT WE'RE, YOU KNOW, STUCK WITH THIS. SO, YEAH. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? SIR? DID, YOU'RE ALLOWED A REBUTTAL OF FIVE MINUTES, UP TO FIVE MINUTES. IF YOU HAVE ANY OTHER COMMENTS OR THAT YOU WANT TO GIVE US NO REBUTTAL, JUST IF THERE WAS EVEN ONE PERSON THAT, THAT OPPOSED IN OUR NEIGHBORHOOD, I, I WOULD WITHDRAW. OKAY. THANK YOU. UH, THE CHAIR WOULD ENTERTAIN A MOTION. MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA DASH 25 DASH 0 0 8 ON APPLICATION OF PHILLIP PELLAND DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION OF, OF AN ALLEY AND ROYAL LANE WITHOUT PREJUDICE. BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD CONSTITUTE A TRAFFIC HAZARD IN THE MATTER OF BO A 2 5 0 0 0 1 0 8. MS. HAYDEN HAS MOVED TO DENY THE REQUEST FOR A SPECIAL EXCEPTION WITHOUT PREJUDICE. IS THERE A SECOND? SECOND, SECOND BY MR. DORN DISCUSSION ON THE MOTION, MS. HAYDEN? SO THE, THE SINGLE CRITERIA IN THIS CASE IS, UM, THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD. AND GIVEN THE FACT THAT ROYAL LANE IS A SIX LANE DIVIDED ROADWAY, VERY BUSY, HEAVILY TRAVELED, UH, LANE, UH, ROADWAY AND, UM, AND THAT THERE'S [05:15:01] ALSO A HIKE AND BIKE TRAIL ADJACENT TO THE ALLEY. SO THERE'S A LOT FOR SOMEBODY TO BE LOOKING AT AS THEY'RE, YOU KNOW, PULLING OUTTA THAT ALLEY. UM, I THINK THAT NOT BEING ABLE TO SEE PROPERLY AND NOT HAVING THE VISIBILITY TRIANGLE UNOBSCURED, UM, DOES CONSTITUTE A TRAFFIC HAZARD. THANK YOU, MS. HAYDEN. DISCUSSION MR. DORN. NO DISCUSSION. ANY OTHER DISCUSSION IN THE MOTION HEARING? NO DISCUSSION OF THE BOARD. SECRETARY WILL CALL A VOTE. MS. DAVIS. AYE. MS. HAYDEN? AYE. MR. DORN? AYE. MR. OVITZ? AYE. MR. CHAIRMAN, MOTION TO DENY PASSES FIVE ZERO IN THE MATTER OF BO A TWO FIVE DASH 0 0 0 8. THE BOARD UNANIMOUSLY ON A VOTE OF FIVE TO ZERO DENIES THE REQUEST FOR A SPECIAL REQUEST. SPECIAL EXCEPTION WITHOUT PREJUDICE. YOU'LL GET AN EMAIL AND NOTIFICATION FROM OUR BOARD WITHIN THE NEXT COUPLE DAYS. THANK YOU, SIR. THANK YOU FOR YOUR TIME. OKAY, MEMBERS, THAT IS IT FOR OUR AGENDA TODAY. OUR NEXT MEETING. NEXT MEETING. OUR NEXT MEETING IS TUESDAY, MARCH 17TH AT 10:30 AM SEEING NOTHING ELSE? UH, UM, UM, OKAY, WE'RE GONNA ALL WEAR GREEN MARCH 17TH AT, UH, 10 30 IN THE MORNING. WE'LL BE IN COUNCIL CHAMBERS DOWNSTAIRS. SO THEREFORE, BOARD OF ADJUSTMENT PANEL A AYE, THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN. IT'S BEEN MOVED BY MR. OVITZ, SECONDED BY SECOND BY MS. DAVIS. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. AYE. THOSE OPPOSED? UH, UH, WE'VE ADJOURNED UNANIMOUSLY AT 6:32 PM THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.