* 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. [Board of Adjustments: Panel B on February 18, 2026.] [00:00:06] GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT. I'M PARKER GRAHAM AND I'M HONORED TO SERVE AS THE PRESIDING OFFICER OF THE FULL BOARD OF ADJUSTMENT FOR ITS PANEL B. TODAY'S WEDNESDAY, FEBRUARY 18TH, 2026, WITH A TIME OF 1:00 PM AND I HEAR HEREBY CALL OUR MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING, BOTH IN PERSON AND BY HYBRID VIDEO CONFERENCE. A QUORUM MEANING AT LEAST FOUR OUT OF THE FIVE MEMBERS ARE PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING. THE PANEL MEMBERS PRESENT TODAY ARE ME, PARKER GRAHAM, GOING DOWN THE ROAD. FROM MY LEFT IS MS. SARAH LAMB, MICHAEL QUINT, STUART CAMPBELL AND ANDREW FINNEY. STAFF PRESENT INCLUDE THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. CAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER. MARY WILLIAMS IS HANDING OUT THE BLUE CARDS. SHE'S THE BOARD SECRETARY AND MEETING MODERATOR. BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED. MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND NO FINANCIAL COMPENSATION, UH, IS PROVIDED FOR OUR TIME. WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE. NO ACTION OR DECISION IN A CASE SETS A PRECEDENT FOR ANOTHER CASE. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE ILLEGAL USE. WE'VE BEEN FULLY BRIEFED BY STAFF BEFORE THIS HEARING AND WE'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE WAS POSTED ON, UH, ONLINE SEVEN DAYS BEFORE THE HEARING. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE'LL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED. THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD. IN EACH CASE, APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATOR OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OF THE FULL FIVE MEMBER PANEL. ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE. LETTERS OF THE BOARD'S ACTIONS TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR, MS. WILLIAMS, SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE. ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES OR WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX. ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO'S ME, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER. RIGHT. WITH THAT, UM, MS. WILLIAMS, ARE THERE ANY PUBLIC SPEAKERS? NO. PUBLIC SPEAKERS, RIGHT MR. SIR? YEAH, JUST TO BE CLEAR SO I DON'T CONFUSE ANYONE IN THE AUDIENCE. WE FIRST HAVE AN OPPORTUNITY IF SOMEONE WANTS TO MAKE GENERAL PUBLIC COMMENTS, THAT'S WHAT I WAS CALLING FOR. UM, I KNOW THAT MANY OF YOU, MAYBE ALL OF YOU ARE HERE TO SPEAK ON INDIVIDUAL CASES AND WHEN WE CALL THOSE, LEAVE ME, YOU WILL HAVE, UH, YOUR OPPORTUNITY. SO THANK YOU VERY MUCH. ALRIGHT. FIRST ITEM WE WILL TAKE UP IS THE APPROVAL OF OUR JANUARY 21ST, 2026 MEETING MINUTES. I'LL ENTERTAIN A MOTION IF ANYONE HAS ONE. SO MOVED. AND THAT'S A MOTION TO APPROVE. MOTION TO, YEAH. SORRY. MOTION TO APPROVE. NO, THAT'S RIGHT. ANYONE HAVE A SECOND? SECOND. ANY DISCUSSION ON MR. CAMPBELL'S MOTION TO APPROVE THE MINUTES? IS A QUESTION FROM MS. LAMB? I WAS AT THE BRIEFING THAT I WAS NOT THE HEARING. DOES THAT MAKE YOU ON THE RECORD? THAT THE MINUTES AS TERMS OF ATTENDANCE? I, I KNOW I WAS MARKED ABSENT FOR THE, FOR THE, FOR THE HEARING, BUT I WAS PRESENT FOR THE BRIEFING, CORRECT? UH, YOU HAVE TO BE, UM, PRESENT 75% SURE OF THE, UH, BUT DO WE STILL WANNA ON RECORD? BUT I WAS PRESENT FOR THE BRIEFING OR IS THAT NOT NECESSARY? IT'S NOT NECESSARY. OKAY. ALL RIGHT. AT THIS POINT WE'RE GONNA TAKE A VOICE, WELL AN ANY DISCUSSION ON MR. CAMPBELL'S MOTION. HEARING NONE WILL NOW TAKE A VOICE VOTE OF MR. CAMPBELL'S MOTION TO APPROVE THE JANUARY 21ST, 2026 MINUTES. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL AGAIN SAY NAY. [00:05:01] MR. CAMPBELL'S MOTION TO APPROVE THE MINUTES PASSES. FIVE TO ZERO. ALL RIGHT. WITH THAT, WE WILL BE MOVING ON TO THE ITEMS THAT ARE ON OUR MISCELLANEOUS DOCKET TODAY, WHICH ARE FIVE SEPARATE FEE WAIVER APPLICATIONS. JUST AS A REMINDER, THE CITY STANDARD THAT WE'RE REQUIRED TO APPLY, AND THE QUESTION WE'LL BE ASKING OURSELVES IS, IS IN THE OPINION OF THE BOARD, DOES THE FEE, UH, DOES PAYMENT OF THE FEE RATHER, WOULD IT RESULT IN A SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT? SO THAT'S THE STANDARD UNDER THE CITY CODE. WE'RE GONNA BE ASKING OURSELVES IS IT A SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT BASED ON THE EVIDENCE THAT'S PRESENTED TO US, WHICH WILL INCLUDE THE SWORN TESTIMONY AND ANY OTHER EVIDENCE YOU'D LIKE TO SUBMIT TO US. WITH THAT, I HAVE A NOTE THAT THE FIRST ONE ON OUR DOCKET MAY BE RUNNING LATE. SO I GUESS MY QUESTION WOULD BE, THE FIRST ONE WE WERE GOING TO HEAR IS 1 2 3 2 4 HALIMA STREET. IS THE APPLICANT FOR THAT ONE PRESENT YET? THEN WHAT ABOUT 12 3 0 5 HALIMA STREET. ALRIGHT, GREAT. WE'LL TAKE THAT ONE FIRST THEN IF YOU'D PLEASE COME ON UP TO THE PODIUM. HI, GOOD AFTERNOON. UM, YOUR MEMBERS OF THE BOARD. THANK YOU, SIR. JUST REAL QUICK, IF YOU INTRODUCE YOURSELF AND THEN MS. WILLIAMS IS GONNA SWEAR YOU IN. SORRY, IT IT, LEMME ASK THIS FIRST. CAN YOU JUST GIVE US YOUR NAME AND ARE YOU THE APPLICANT? YES. UH, NO, I'M NOT A, UM, I AM, UH, AN AGENT, LOCAL AGENT. UH, WE'RE THE PROPERTY MANAGEMENT COMPANY OR THE APPLICANT? UH, APPLICANT IS OUT OF THE STATE, SO THAT'S WHY I'M HERE DIRECTLY. CAN YOU, CAN YOU PLEASE TURN ON THE MICROPHONE? JUST, JUST PRESS THE BUTTON. IT'S ON. SORRY. IT'S ON. YES. OKAY. THAT BETTER? YES. THANK YOU. CAN YOU, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? YES. MY NAME IS, UM, MING, UH, SHE MY FIRST NAME, NAME, UH, LAST NAME SHE AND YOUR ADDRESS? UH, 1 2 3 0 5 LIMA STREET, DALLAS. OKAY. AND YOU ARE THE REPRESENTATIVE FOR SALLY? WOO. OKAY. APPLICANT AND THE HOMEOWNER OF THIS PROPERTY. BASIC. OKAY. UM, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. OKAY. AND PLEASE PROCEED. YOU HAVE FIVE MINUTES. OKAY, THANK YOU. UM, SO, UM, UNFORTUNATELY, UM, THE HOMEOWNER, UM, HAS HAD, UM, LOTS OF, UH, UM, LIKE EXPENSES, UH, IN REGARDS TO THE, LIKE THE REPAIRS, UM, OF, UM, THE PLUMBING ISSUES ROOF AND, UM, AND OTHER LIKE THE REPAIR REQUESTS, UM, HAVE BEEN SUBMITTED BY THE TENANT. UM, SO IT'S, UM, ALREADY IN THE, LIKE AFFIDAVIT OF THE, THE FINANCIAL HARDSHIP AND THE NUMBER, UM, THE TOTAL NUMBER FOR THE REPAIRS FOR ALL THOSE REPAIRS ARE AROUND $2,000, INCLUDING THREE FARMING ISSUES THAT HAPPEN IN A ROW AND A ROOF, UM, AND, UH, SOME OTHER ISSUES. AND, UH, ALSO THE, THE HOMEOWNER NEEDS TO PAY, UM, THE PROPERTY TAX, WHICH WAS, UH, ALMOST A $10,000, UH, FOR THE 2025 AND ALSO THE HOMEOWNER INSURANCE, WHICH WAS, UM, 24, UM, $190. AND ALSO FOR THE, THE FENCE PROJECT ITSELF. UM, THE HOMEOWNER USED TO PAY BECAUSE, UM, THE PART OF THE FENCE, UM, THE PART OF THE FENCE BELONGS TO THE, THE COMMUNITY EVEN. THERE'S NO HOA, UM, BUT THE MOST OF THE PART, UM, THE BRICK WALLS ARE STILL THERE, BUT BECAUSE THE HOMEOWNER WANTS TO KEEP, UM, TO KEEP IT CONSISTENT WITH THE COMMUNITY, THEY KEEP THE, UM, UNIFORMITY WITH THE COMMUNITY. SO SHE DECIDES TO TEAR DOWN THE BRAKE WALLS AND REINSTALLED THE WOOD FENCE. UM, AND THE, THE, THE TOTAL LENGTH OF THE FENCE WILL BE 100 LIKE 15 FEET. AND THE WHOLE PROJECT FOR, FOR THE, THE, FOR THE PART ON, ON HIS OWN PROPERTY, THE COST WILL BE 5,000, $5,000, FIVE, UH, $5,500. AND, UH, FOR THE POLL WE RECEIVED LIKE A SIX [00:10:01] OR SEVEN MONTHS AGO. UM, BUT ACCORDING TO THE CONVERSATION WE HAD WITH, UM, UH, S WHO IS LIKE IN CHARGE OF THE PROJECT, UM, FOR THIS COMMUNITY, UM, BECAUSE THE EXPENSES FOR THE MATERIALS HAVE, UH, ALREADY GONE UP. SO MAY, UH, PROBABLY THE, THE PRICE OR THE QUOTE WILL BE HIGHER THAN $5,500. AND ALSO FOR THE SPLIT, UM, FOR THE COMMUNITY, IT'S GONNA BE ANOTHER ADDITIONAL $10,000. UM, SO IT REALLY, UM, A RAISE OF FINANCIAL BURDEN, UM, TO THE HOMEOWNER. SO THAT'S WHY SHE WANTS TO, UH, RESPECTFULLY, UH, FOR THE FEE FEE WAIVER. AND ALSO I HAVE, UH, PRINTED ALL THE INVOICES, UH, FOR ALL THOSE REPAIRS AND HOLDS FOR THE, UH, FOR THE REPAIRS. AND, UH, I CAN, UH, PRESENT THEM TO THE BOARD. AND, UH, OH, ONE MORE THING. UH, UH, UNFORTUNATELY THE TENANT, UM, SINCE LIKE DECEMBER, NOVEMBER, THE TENANTS START TO HAVE FINANCIAL PROBLEMS. SO, UM, THE TENANTS START TO, UM, PAY RENT LATE AND, UH, ALSO THE RENT PAYMENT FOR FEBRUARY. AS OF TODAY, THERE'S STILL LIKE A $900 BALANCE ON THE LETTER, SO I THANK YOU, MARK. ALL RIGHT. THANK YOU, SIR. AND, UH, DR. MILLER HOSKINS WILL, WILL PASS AROUND THOSE MATERIALS TO THE BOARD THAT YOU'VE PROVIDED TO US. UH, AT THIS POINT, THE BOARD HAS THE OPPORTUNITY TO ASK YOU QUESTIONS, AND I'M GONNA START ON THE END. IT LOOKS LIKE WE'RE GOING STRAIGHT TO MS. LAMB. UH, MS. LAMB, GO AHEAD. UM, THANK YOU SIR FOR, UH, BEING HERE TODAY, UM, AND FOR REPRESENTING YOUR, YOUR CLIENT. SO JUST, JUST, OH, SORRY. UM, JUST FOR THE RECORD, SO YOUR CLIENT LIVES OUTTA STATE AND THIS IS AN INVESTMENT PROPERTY? YES. AND THEY HAVE INCOME COMING IN? YES. OKAY. UM, SO I APPRECIATE KIND OF THE EXPENSES OF AN INVESTMENT PROPERTY, WHICH PRESUMABLY AN OWNER WOULD KNOW AHEAD OF TIME BEFORE ACQUIRING, WHICH IS, YOU KNOW, BUDGETED WITH REPAIRS AND TAXES AND INSURANCE. BUT IN ORDER FOR US TO TRULY CONSIDER YOUR APPLICATION, WE NEED TO UNDERSTAND WHAT THE TRUE SUBSTANTIAL HARDSHIP WOULD BE TO YOUR CLIENT, ESPECIALLY GIVEN THE FACT THAT THIS IS AN INVESTMENT IN RENTAL PROPERTY AND PRESUMABLY THE TENANT WILL ASSUMES A LOT OF THE, UH, OVERHEAD SUCH AS TAXES AND INSURANCE. SO CAN YOU BETTER INDICATE TO US WHAT THE SUBSTANTIAL HARDSHIP IS THAT YOUR CLIENT IS FACING AT THIS TIME? UM, YES, IN MY UNDERSTANDING, UH, MY CLIENT, THE HOMEOWNER, YES, THIS IS AN INVESTMENT AND TENANT OCCUPIED PROPERTY. UM, BUT STILL, UM, BECAUSE I MEAN, THE PURPOSE OF THE INVESTMENT IS TO HAVE LIKE A, UM, INCOME, NET INCOME NOT TO LOSE MONEY, BUT AT THIS POINT, UM, THE HOMEOWNER UNFORTUNATELY, UM, SORRY, THERE'S NO NET INCOME TO COVER ALL IT. UM, WHEN IS IT POSSIBLE THAT YOUR CLIENT COULD WRITE THESE OFF AS EXPENSES ON INVESTMENT PROPERTY AND THEIR TAXES AND RECRUIT THEIR MONEY THAT WAY RATHER THAN HAVING THE TAXPAYERS SUPPORT YOUR APPLICANTS? UM, I CAN, I CAN TALK TO HER AND CONFIRM, BUT, UH, BECAUSE THAT'S PART, YOU KNOW, THAT'S PERSONAL, LIKE A TAX THING. YEAH. UM, I'M NOT A HUNDRED PERCENT SURE ABOUT THAT. OKAY. THAT'S ALL THE QUESTIONS I HAVE, RIGHT? MR. FINNEY? UH, MR. SHE, UH, I THINK YOU, UM, MENTIONED EARLIER, UH, WHEN YOU WERE, YOU WERE, YOU WERE SPELLING OUT ALL OF THE EXPENSES THAT YOUR CLIENTS, UM, CURRENTLY HAS. YES. UM, YOU MENTIONED AN ADDITIONAL $10,000, WHAT WAS THAT FOR? OH, NO, THE $10,000, THAT'S THE APPROXIMATE AMOUNT FOR THE, UH, PROPERTY TAX FOR 2025. BUT THERE WAS ADDITIONAL A THOUSAND, SORRY, A THOUSAND DOLLARS FOR THE, LIKE THIS, THE WHOLE PROJECT, UM, FOR THIS HOMEOWNER IS, WAS INTO TWO PARTS. ONE IS FOR THE COMMUNITY, THE SHARE FOR THE COMMUNITY, THE OTHER, THE OTHER PART FOR HER OWN LIKE THE, THE FENCE ON, ON HER OWN PROPERTY. AND THAT IS, UH, UM, THE ESTIMATE FOR HER OWN PROPERTY, FOR THE FENCE ON HER OWN PROPERTY, IT'S $5,500. [00:15:02] AND, UH, THE PART THAT, UH, SHE SHARES WITH THE WHOLE COMMUNITY WILL BE 10, UH, SORRY, A THOUSAND DOLLARS. OKAY. SO IT WAS A THOUSAND DOLLARS, NOT $10,000. OKAY. SORRY. YEAH. SO THE TOTAL COST IS 6,500? YES. IS THAT RIGHT? 65. AND, UH, LIKE I EXPLAINED EARLIER, UM, IT'S GONNA PROBABLY, IT'S GONNA BE MORE THAN THAT BECAUSE OF THE INCREASE OF MATERIAL, UM, EXPENSE FOR MATERIAL. OKAY, COOL. AND IS INCLUDED IN THESE PAPERS, IS THERE LIKE A QUOTE SHOWING THE, THE COST, THE ESTIMATED COST OF DEFENSE? OH, THE, THE QUOTE FOR THE, UH, FOR THE DEFENSE? UM, SORRY, IT'S NOT IN QUOING. OH, OKAY. THOSE DOCUMENTS. UM, UM, YEAH, SORRY. IT'S, IT'S NOT IN THERE. OKAY. THANK YOU. MR. CAMPBELL, DID YOU HAVE A QUESTION? QUICK FOLLOW UP. UM, YOU MENTIONED THAT YOUR ROLE AS PROPERTY MANAGER, IS THAT RIGHT? YES, SIR. OKAY. IS THAT FOR THE ENTIRE, ALL THE BUILDINGS LOCATED AT THESE ADDRESSES OR JUST FOR YOUR CLIENT'S? NO, JUST FOR MY CLIENT PORTFOLIO. FOR, UH, 1, 2, 3 0 5 LINA STREET. JUST FOR THE INDIVIDUAL. JUST FOR THIS INDIVIDUAL PROPERTY. OKAY. D AND DOES, ARE YOU AWARE, DOES YOUR CLIENT MAINTAIN ANOTHER PORTFO, A PORTFOLIO RENTAL INVESTMENTS IN DALLAS COUNTY? UH, UH, YES, I BELIEVE SO. DO YOU MANAGE THOSE AS WELL? UH, NO, NO, WE ONLY MANAGE THEM. UH, THE OTHER ONE IS THE, THE NEIGHBOR, THE NEXT DOOR NEIGHBOR. SO 1, 2, 3, 2 5. OKAY, THANK YOU. ALRIGHT, ANY ADDITIONAL QUESTIONS, UH, FOR THE APPLICANT'S REPRESENTATIVE? ALL RIGHT, THANK YOU SIR. OKAY. DO WE HAVE ANY OTHER SPEAKERS TODAY WHO, WHO WISH TO SPEAK ON THE FEE WAIVER AT 1 2 3 0 5 HALIMA STREET? NO, THE SPEAKERS REGISTER, SIR. ALRIGHT THEN AT THIS POINT, THE CHAIR WOULD ENTERTAIN A MOTION ON THE APPLICATION FOR FEE WAIVER MS. LAMB. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 25 DASH 0 0 1 0 4, UH, F1, SORRY, FW TWO ON APPLICATION SALLY LOU DENY THE REQUEST TO WAIVE THE FILING FEE TO BE PAID IN ASSOCIATION WITH A REQUEST FOR SPECIAL EXCEPTION DEFENSE HEIGHT REGULATIONS AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD NOT RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP DUE TO THIS APPLICANT. IS THERE A SECOND FOR MS. LAMB'S? MOTION TO DENY? I'LL SECOND THAT. ALRIGHT, AND THEN ANY DISCUSSION ON MS. LAMB'S MOTION? AND WE'LL START WITH MS. LAMB. I FELT THAT, UM, THE APPLICANT DID NOT PROVIDE SUBSTANTIAL EVIDENCE THAT THIS WOULD, THIS WOULD CREATE A, A SUBSTANTIAL FINANCIAL HARDSHIP. IN FACT, THIS IS INVESTMENT PROPERTY. THE PROPERTY OWNER LIVES OUTTA STATE. UM, I, I DO BELIEVE THAT IF THE APPLICANT CAN PROVIDE BETTER, BETTER EVIDENCE, THEY'RE MORE THAN WELCOME TO COME BACK WHEN THEY FILE AND ASK FOR A, UH, REIMBURSEMENT. BUT AT THIS TIME, I DIDN'T FEEL LIKE THEY MET ANY OF THE STANDARD FOR US TO ALLOW THIS FEE WAIVER. AFTER THAT. MR. QUINT, I AM NOT LOOKING FOR THE APP. IF THE APPLICANT WAS A RESIDENT LIVING IN THE, IN THE HOME, I PROBABLY HAVE MORE INTEREST IN BEING MORE SYMPATHETIC TO IT, BUT AS A BUSINESS ENTERPRISE, I'M NOT LOOKING FOR THE CITY OF DALLAS TO SUBSIDIZE A BUSINESS ENTERPRISE. ANY ADDITIONAL COMMENTS BEFORE WE TAKE A ROLL CALL VOTE THEN. MS. WILLIAMS, WOULD YOU PLEASE TAKE A ROLL CALL VOTE ON MS. LAMB'S MOTION TO DENY THE APPLICATION FOR FEE WAIVER. OKAY, MR. CAMPBELL? MR. FINNEY AYE. MS. LAMB? AYE. MR. QUINN? AYE. MR. CHAIRMAN? AYE. MOTION TO DENY PASSES? FIVE TO ZERO. ALL RIGHT. NEXT ON OUR DOCKET, WE'RE GONNA TAKE UP THE APPLICATION FOR FEE WAIVER AT 1 2 3 6 4 HALIMA STREET. YES, MA'AM. ARE YOU THE APPLICANT? OKAY. CAN YOU, CAN YOU PLEASE GET ON THE MICROPHONE? YOU CAN, YOU CAN MOVE IT FORWARD. CAN YOU TURN IT ON? IS IT A GREEN? OH, . SORRY GUYS. OKAY. UM, AND YOU ARE REPRESENTING, I'M REPRESENTING MICHAEL AT 1 2 3 6 4 HALIMA STREET. HE IS OUT OF TOWN AND IS LIVING IN KENTUCKY, CONNECTICUT, UH, DUE TO A JOB, UH, RELOCATION. SO I'M HERE TO SPEAK ON HIS BEHALF. OKAY. AND I, OH, I'M SORRY. GO AHEAD. CAN YOU PLEASE STATE YOUR NAME AND [00:20:01] ADDRESS? MY NAME IS SALMO. MY NAME IS SALMO CHU. MY ADDRESS IS 1 2 3 2 4 HALIMA STREET, DALLAS, TEXAS 7 5 2 4 3. YOU WANT ME TO, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. PLEASE PROCEED. HELLO EVERYONE. I AM, UM, MICHAEL'S NEIGHBOR. I'M ALSO HERE FOR A FEE WAIVER, BUT, UM, I'M GONNA BE SPEAKING ON HIS BEHALF. HE WROTE A LETTER. UM, I'M JUST GONNA READ IT IF THAT'S OKAY. I, SORRY, I'M GETTING A LITTLE NERVOUS TOO, SO I'M SHAKING. UM, I PURCHASED THIS PROPERTY AS AN INVESTMENT A FEW YEARS AGO. I AM NOT A LARGE INVESTOR. I OWN THIS PROPERTY OF MY OWN NAME AND TRY TO COORDINATE ALL THE WORK ON THE HOUSE ON MY OWN. THIS HAS BECOME INCREASINGLY DIFFICULT SINCE I'VE MOVED TO CONNECTICUT JUST THE YEAR AFTER BUYING THE HOUSE, DUE TO JOB RELOCATION SINCE I'VE OWNED THE HOUSE, I HAD ONE TENANT WHO LEFT WHILE OWING ME OVER 10 K JUST IN 12 MONTHS. JUST 12 MONTHS AGO AFTER SPENDING ANOTHER 10 K TO REPAIR THE HOUSE. WHEN HE LEFT, I LEASED IT TO ANOTHER TENANT WHO I HOPED WOULD RUN, WHO WOULD BE MUCH MORE STABLE. UNFORTUNATELY, THAT WAS NOT THE CASE. SHE ALSO STOPPED PAYING, I'M SORRY, SHE ALS SHE ALSO STOPPED PAYING ME SEVERAL MONTHS AGO TO BE EXACT AUGUST OF LAST YEAR. UM, NOW OWING ME ALMOST 10,000 AND MISSED RENT. I AM IN THE PROCESS OF EVICTING HER, BUT EVICTION TAKES A LOT OF TIME AND GENERATES ADDITIONAL LEGAL FEES. SINCE SHE HAS NOT, SHE HAS NOT SQUATTING IN THE HOME, AND THE EVICTION PROCESS IS VERY SLOW. I SUSPECT THAT I WILL LOSE O OUT ON 18,000 IN RENT PLUS WEIGHT, WHATEVER DAMAGES SHE HAS DONE TO THE HOME, WHILE MY TENANT HAS DE DECIDED TO STOP PAYING, I CONTINUE TO MAKE MY PAYMENTS OF 3000 TO THE BANK OF MY MORTGAGE IN ESCROW. WHEN I HAD A GOOD TENANT, I WAS ONLY EARNING ABOUT A HUNDRED DOLLARS A MONTH NET EXPENSE AFTER ALREADY GETTING FINANCIAL CRUSHED ON THIS HOUSE. THE LAST THING I NEED WAS A FENCE TO FALL GENERATING THOUSANDS OF ADDITIONAL EXPENSES. MY GOAL IS NOW TO SIMPLY REMOVE THE CURRENT TENANT, FIX THE FENCE, REPAIR WHATEVER DAMAGES SHE HAS DONE ON THE HOME, AND THEN SELL IT TO SOMEONE WHO CAN MAKE, WHO CAN TAKE CARE OF THE HOME AND ENJOY IT FOR MANY YEARS TO COME. I KNOW THAT THIS, I KNOW THAT THE 600 FEET MAY SEEM SMALL, RELEVANT TO THE TENANTS OF THOUSAND TO A TON OF 10 OF THOUSANDS THAT I HAVE ALREADY LOST ON THIS HOME OVER THE LAST YEAR. BUT I CAN ADDRESS YOU THAT IS VERY MEANINGFUL TO ME AND MY FAMILY. IT IS MY SINCERE HOPE THAT THE BO OA WILL RECOGNIZE THAT THIS IS A VERY SMALL PROJECT FOR EACH RESIDENT IN MY COMMUNITY, AND THAT THE FEE MIGHT BE WAIVED OR, UM, REDUCED. WITH THAT IN MIND, THANK YOU MA'AM. NOW WE'RE GONNA HAVE QUESTIONS FROM THE BOARD. UH, ANY QUESTIONS? WE'LL START ON THE END. MR. FINNEY, MR. CAMPBELL, MR. QUINT, MS. LAMB, UM, I APPRECIATE YOU GETTING UP AND SPEAKING FOR YOUR NEIGHBOR. UM, I THINK IT, IT IS A CHALLENGE FOR US JUST BECAUSE HE'S NOT HERE TO RESPOND TO THE QUESTIONS WE MAY HAVE. AND SO WHATEVER HAPPENS HERE IS NOT A REFLECTION ON ON THE JOB THAT YOU'RE DOING REPRESENTING HIM. UM, IT JUST MAKES IT REALLY DIFFICULT. AND IN THESE CASES, EVEN WHEN APPLICANTS CAN'T SHOW UP IN PERSON, WE DO. AND THIS IS NOT ON YOU, WE DO OFFER A REMOTE, UH, ZOOM IN AS AN OP OPPORTUNITY AS WELL. SO, UM, I THINK THE LETTER WAS THOROUGH, ALTHOUGH WE'RE AT KIND OF, I'M AT A POSITION WHERE THERE ISN'T AN OPPORTUNITY FOR ME TO REALLY ASK QUESTIONS BECAUSE HE'S NOT HERE. SO, UM, THAT'S ALL I HAVE TO SAY AT THIS TIME. ANY ADDITIONAL QUESTIONS FOR THE SPEAKER'S APPLICANT? FOR THE, FOR THE APPLICANT'S REPRESENTATIVE RATHER. ALRIGHT. THANK YOU MA'AM. ARE THERE ANY OTHER SPEAKERS, UH, TO BE HEARD FOR THE APPLICATION FOR FEE WAIVER AT 1 2 3 6 4 HALIMA STREET? NO, THERE'S SPEAKERS REGISTER, SIR. THEN AT THIS POINT, THE CHAIR WOULD ENTERTAIN A MOTION FOR THE, UM, APPLICATION FOR FEE WAIVER MS. LAMB. I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH ZERO SEVEN FW THREE ON APPLICATION OF MICHAEL SOFF DENY THE REQUEST TO WAIVE THE FILING FEES BE PAID IN ASSOCIATION WITH THE REQUEST FOR SPECIAL EXCEPTION DEFENSE HEIGHT REGULATIONS AND A SPECIAL EXCEPTION TO THE 45 FOOT VISIBILITY OBSTRUCTION TRIANGLE REGULATION AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PAYMENT OF PLEA WOULD NOT RESULT IN A SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT. IS THERE A SECOND FOR MS. LAMB'S? MOTION TO DENY? [00:25:03] I SECOND. ALL RIGHT. AND THEN ANY DISCUSSION ON MS. LAMB'S MOTION? AGAIN, FOCUSING ON WHETHER THE EVIDENCE MEETS THE STANDARD OF, UM, WHETHER THERE'S GONNA BE A SUBSTANTIAL FINANCIAL HARDSHIP IF THE APPLICANT'S REQUIRED TO PAY THE FEE STARTING WITH MS. LAMB 'CAUSE IT'S HER MOTION. I, I THINK IT'S DIFFICULT FOR ME WITH THIS REGARD 'CAUSE WE, ALL WE HAD WAS A, A LETTER AND REPRESENTATIVE HERE. UM, AND A LOT OF TIMES, EVEN IF WE DON'T HAVE SUPPORTIVE DOCUMENTATION, WE HAVE TO GO ON TESTIMONY AND WITHOUT THE APPLICANT BEING HERE, IT PROVED TO BE A CHALLENGE. ALSO, ONCE AGAIN WITH THE INVESTMENT PROPERTY, YOU KNOW, THERE, THERE ARE, UM, SOME RISKS ASSOCIATED WITH AND COSTS THAT, THAT COME ALONG WITH HAVING INVESTMENT PROPERTIES. I DO ENCOURAGE THE APPLICANT THAT IF THEY DO SHOW UP IN PERSON, UM, AND THEY WANT TO SEEK A DIFFERENT OUTCOME POTENTIALLY, UM, MAYBE TO DO SO AS A REVERSAL, NOT TO SAY THAT THIS PANEL WOULD SUPPORT IT, BUT THERE'S AN OPPORTUNITY TO, TO HAVE A, UH, REIMBURSEMENT, UM, LATER AT A LATER DATE. ANY ADDITIONAL DISCUSSION OR COMMENTS ON MS. LAMB'S? MOTION? S SEEING NONE, UM, MS. WILLIAMS, COULD WE PLEASE TAKE A ROLL CALL VOTE ON MS. WILLIAMS? UH, MS. LAMB'S MOTION TO DENY THE APPLICATION FOR FEE WAIVER AND MR. PINNEY? AYE. MS. LAMB? AYE MR. QUINN? AYE. MR. KIMBALL? AYE. MR. CHAIR? AYE. MOTION TO DENY PASSES. FIVE TO ZERO, RIGHT? THE NEXT ON OUR DOCKET IS THE APPLICATION FOR FEE WAIVER AT 1 2 3 8 4 HALIMA STREET. IS THE APPLICANT PRESENT FOR THAT MATTER OR THEIR REPRESENTATIVE? JUST WANNA MAKE SURE I READ IT RIGHT AGAIN. 1 2 3 8 4 HALIMA STREET. I'M GONNA READ THE, ARE THEY ONLINE? SHE MAY BE ONLINE. I'M NOT SURE IF SHE'S ONLINE. THERE'S NO NAME ASSOCIATED AND SHE DID NOT REGISTER TO BE A SPEAKER. OKAY. SO UNDER OUR PROCEDURES FOR SOMEBODY TO APPEAR ONLINE, THEY HAVE TO REGISTER IN ADVANCE 20, AT LEAST 24 HOURS IN ADVANCE. AND WE DO NOT HAVE A REGISTERED SPEAKER. WE ALSO JUST CHECKED THE ZOOM AND WE'RE NOT SEEING HER BY NAME. UM, YEAH, IT LOOKS LIKE SHE'S NOT HERE PRESENT ONLINE EITHER? NO. UM, SM IS OUR, UH, CHIEF PLANNER. WELL LET'S DO THIS. WE'VE GOT TWO MORE APPLICATION FOR FEE WAIVERS. WHY DON'T WE PRESS PAUSE ON ONE TWO THREE EIGHT FOUR HALIMA STREET. WE'LL CALL THAT ONE MORE TIME AT THE VERY END AND IF THERE'S NO SPEAKER AT THAT POINT WE'LL VOTE ACCORDINGLY. ALRIGHT, THEN WE ARE GONNA MOVE ON TO 1 2 3 2 4 HALIMA STREET. WELL WELCOME BACK. THIS IS ACTUALLY MY PROPERTY. MM-HMM. YEAH, JUST FOR REFERENCE, I'M GOING BACK TO THE TOP. OKAY. WHICH IS BOA CASE NUMBER BO OA DASH 25 DASH 0 0 0 1 0 2. THE APPLICATION FOR FEE WAIVER AT 1 2 3 2 4 HALIMA STREET. I APOLOGIZE FOR THE DELAY. NO, NO PROBLEM. AND UM, MA'AM, YOU'VE ALREADY BEEN SWORN, SO, AND WE'VE ALREADY GOT YOUR, UH, NAME IN THE RECORD AND YOUR ADDRESS. SO YOU HAVE FIVE MINUTES AND IF YOU PLEASE TELL US ABOUT YOUR OWN APPLICATION FOR FEE WAIVER. YES, SIR. SO I WROTE A LETTER, UM, GOOD AFTERNOON AND THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY. I AM RESPECTFULLY REQUESTING A WAIVER FROM THE BO OA FOR THE APPLICATION FEE FOR HARDSHIP. FINANCIAL HARDSHIP. I'M A SINGLE INCOME HOUSEHOLD RAISING A 15-YEAR-OLD [00:30:01] TEENAGER. I DO NOT RECEIVE ANY FINANCIAL ASSISTANCE OR CHILD SUPPORT FROM MY CHILD'S FATHER. I WORK AS AN ADMISSION REPRESENTATIVE AT PARKER UNIVERSITY THAT MAKES LESS THAN 60,000 A YEAR. OVER THE PAST COUPLE OF YEARS I HAVE. YOU'RE DOING GREAT. THANK. OVER THE PAST COUPLE OF YEARS I'VE HAD TO REDUCE MY WORK HOURS TO, TO SERVE AS MY FATHER'S PRIMARY CAREGIVER. RECENTLY I LOST MY FATHER DUE TO CANCER, WHICH HAS FURTHER REDUCED, REDUCED MY INCOME SINCE HIS PASSING. I'VE HAD TO, I HAVE TO, I HAVE BEEN RESPONSIBLE FOR COVERING HIS FUNERAL EXPENSES, INCLUDING CASKET SERVICE FEES, UH, WHICH HE DID NOT HAVE A LIFE INSURANCE. THIS SIGNIFICANTLY AFFECTED MY LIMITED EMERGENCY SAVINGS THAT I HAD BUILT. ADDITIONALLY, I HAVE TAKEN ON THE RESPONSIBILITY OF SUPPORTING MY MOTHER SINCE SHE IS CURRENTLY NOT WORKING DUE TO HER IMMIGRATION STATUS. MY FATHER WAS THE PRIMARY BREADWINNER OF THE HOUSEHOLD. I AM NOW CONTRIBUTING TO HER HOUSEHOLD BILLS WHILE CONTINUING TO MANAGE MY OWN MORTGAGE AND ESSENTIAL LIVING. WHEN I PURCHASED THIS HOME, I BOUGHT IT AS IS AND WAS UNDER THE IMPRESSION THAT THE BUILDER HAD FOLLOWED ALL THE CITY RULES AND REGULATIONS. I WAS NOT AWARE THAT THIS ISSUE WOULD RISE. NOW THAT THIS HAS, NOW THAT IT IS, THE HOMEOWNERS ARE CURRENTLY, THEY'RE COMING TOGETHER TO CORRECT THE FEEL FALLING BRICK, UM, THE WALL TO PROTECT OUR COMMUNITY. THE VARIOUS I AM REQUESTING IS INCLUDING THE INSTALLATION OF A FENCE ALONG THE STREET AND PRODUCT PEDESTRIAN'S WALKING WAY. IT IS INTENDED TO IMPROVE SAFETY FOR PEOPLE AND PROTECT OUR VEHICLE'S VEHICLE AND HOME FROM THEFT AND BREAK-INS. FOR EXAMPLE, MY CAR WAS PREVIOUSLY BROKEN INTO AND MY WALLET WAS STOLEN. THIS REQUIRE, THIS REQUESTED, THIS REQUEST IS MADE IN GOOD FATE AND WILL FULLY RESPECT THE CITY'S REGULATION. GIVING MY FINANCIAL CIRCUMSTANCE AND PAYING A BOA FEE AT THIS TIME WOULD CREATE A SIGNIFICANT HARDSHIP. I SINCERELY APPRECIATE BOARD'S TIME AND CONSIDERATION. I'M SORRY, I KIND OF, THAT CHOKED UP AND YOU, YOU DID GREAT AND THANK YOU SO MUCH. THAT WAS SUPER HELPFUL, UM, TO LEARN ABOUT KIND OF THE FACTS, UNDERLINE YOUR APPLICATION. SO I'M GONNA SEE IF ANYONE HAS QUESTIONS AND THEN WE'LL VOTE ANY QUESTIONS FOR THE APPLICANT? ALRIGHT, THANK YOU. AND THEN ANY OTHER SPEAKERS FOR THE APPLICATION FOR FEE WAIVER AT 1 2 3 2 4 HALIMA STREET? NO, THE SPEAKERS REGISTERED. ALRIGHT, THANK YOU THEN I'LL ENTERTAIN A MOTION. UH, MS. LAMB, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO A DASH TWO FIVE DASH 0 0 1 0 2 F1 FW ONE ON APPLICATION. HOW DO YOU PRONOUNCE YOUR NAME? SWI GRANT THE REQUEST TO WAIVE THE FILING FEE TO BE PAID IN ASSOCIATION WITH A REQUEST FOR A SPECIAL EXCEPTION TO DEFENSE TYPE REGULATIONS AS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD BE RE WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIPS TO THIS APPLICANT. GREAT. ANY DISCUSSION ON MS. LAMB'S MOTION TO GRANT THE FEE WAIVER? WE'LL START WITH MS. LAMB. UM, I APPRECIATE YOUR TESTIMONY TODAY. I BELIEVE THAT THIS IS THE, THE REASON YOUR CIRCUMSTANCES IS THE SPIRIT OF AND THE REASON WHY WE HAVE THESE FEE WAIVERS AND FREE FEE REIMBURSEMENTS. I THINK THAT, UM, YOUR LETTER WAS REALLY THOUGHTFULLY ILLUSTRATED YOUR CIRCUMSTANCES AND I A HUNDRED PERCENT SUPPORT GRANTING THIS APPLICATION. MR. CAMPBELL, I'D LIKE TO ECHO MS. LAMB'S COMMENTS. I ALSO WANT TO JUST THANK YOU FOR BEING HERE AND BEING SO PREPARED. REPRESENTING YOUR NEIGHBOR IS NOT ALWAYS EASY AND YOU DID A GREAT JOB EVEN THOUGH THAT, YOU KNOW, DOESN'T HAVE ANY BEARING ON THIS OUTCOME. UH, BUT AGAIN, JUST TO ECHO WHAT WAS JUST SAID, THIS IS EXACTLY WHY THIS PROCESS IS HERE. IT'S TO PROTECT PEOPLE LIKE YOU FROM BEING UNDULY BURDENED. AND I DO GREATLY SYMPATHIZE WITH WHAT YOU'VE BEEN THROUGH. I'VE BEEN THROUGH SIMILAR THINGS AND UH, AND IT CAN REALLY BE A, NOT ONLY A FINANCIAL HARDSHIP, BUT HUGE EMOTIONAL HARDSHIP. UH, BUT FOR THOSE REASONS, I THINK THIS IS, UH, CLEARLY A SUBSTANTIAL HARDSHIP. YOU AND I, WE SHOULD ALL BE SUPPORTIVE OF THIS MOTION. I REALLY APPRECIATE YOU ALL. THANK YOU SO MUCH. THANK YOU. JUST HOLD ON ONE SECOND, WE'VE GOT A VOTE, BUT YOU'RE WELCOME TO TAKE A SEAT, . ALRIGHT, ANY ADDITIONAL COMMENTS? SEEING NONE, UH, MS. WILLIAMS, WOULD YOU PLEASE TAKE A ROLL CALL VOTE ON MS. LAMB'S MOTION TO GRANT THE APPLICATION FOR FEE WEIGHT. MS. LAMB? AYE MR. QUINN? AYE. MR. CAMPBELL? AYE. MR. FINNEY? AYE. MR. CHAIR AYE. MOTION TO GRANT PASSES? FIVE TO ZERO. ALL RIGHT, THANK YOU SO MUCH MA'AM. YOU'LL GET A LETTER IN THE MAIL WITH THE OFFICIAL, UH, DECISION GRANTING THE APPLICATION FOR FEE WAIVER. THANK YOU. ALL RIGHT THEN I APOLOGIZE FOR HOPPING AROUND, BUT I'VE JUST GOT A STICKY NOTE THAT ONE OF THE APPLICANTS [00:35:01] WAS LATE, SO THAT'S WHY WE'RE GOING IN KIND OF A WEIRD ORDER. BUT THE ONE I'M GONNA TAKE NEXT IS NUMBER FIVE ON THE MISCELLANEOUS ITEM. SO IT'S 1 2 3 4 4 HALIMA STREET. HELLO? HI AMBER, ARE YOU THE APPLICANT? YES. ALL RIGHT, GREAT. WELCOME. MS. WILLIAMS IS GONNA SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES MA'AM. PLEASE PROCEED. MY NAME IS ANA WALLY AND I LIVE AT 1 2, 3, 4 4. I'M ACTUALLY SALAAM'S NEXT DOOR NEIGHBOR. UM, I'M GONNA KIND OF PIGGYBACK OFF OF HER. YOU KNOW, WE ALL LIVE IN THE SAME COMMUNITY. WE HAVE, YOU KNOW, THE FENCE SITUATION. UM, MINES IS A LITTLE BIT UNIQUE, UM, BECAUSE WHEN I MOVED IN I ALREADY HAVE A FENCE IN MY BACKYARD. I AM NOT NEEDING AN ADDITIONAL FENCE. I AM JUST NEEDING THE APPROVAL OF THE HEIGHT FOR DEFENSE. UM, I WAS ACTUALLY LAID OFF OF MY, UH, JOB, UM, OF SEVEN YEARS THAT I WAS WORKING FOR, FOR A FORTUNE 500 COMPANY. UM, THAT WAS TWO DAYS BEFORE CHRISTMAS. UM, MY FATHER HAS PARKINSON'S AND DEMENTIA AND JUST LAST WEEK WE ACTUALLY HAD TO PLAN, UM, FUNERAL SERVICES. UM, I AM ACTUALLY, UM, WANTING TO REQUEST A FEE WAIVER DUE TO FINANCIAL HARDSHIP. I HAVE A 20-YEAR-OLD IN COLLEGE WHO I, YOU KNOW, SOLELY PAY FOR. I AM A SINGLE MOM, ALWAYS HAVE BEEN. AND UM, OF COURSE MY PARENTS HAVE HELPED ME WHEN THEY WERE, YOU KNOW, WELL AND ABLE TO WORK. UM, AND THAT'S PRETTY MUCH WHY I AM HERE. THANK YOU. THANK YOU VERY MUCH. ANY QUESTIONS FOR THE APPLICANT? ALRIGHT, THANK YOU MA'AM. ARE THERE ANY OTHER SPEAKERS FOR THE APPLICATION FOR V WAIVER AT 1 2 3 4 4 HALIMA STREET? NO, THE SPEAKERS REGISTER SIR. ALRIGHT THEN AT THIS POINT THE CHAIR WILL ENTERTAIN A MOTION ON WHETHER TO GRANT THE APPLICATION FOR FEE WAIVER. DOES ANYONE HAVE A MOTION MR. CAMPBELL CHAIR? LET'S, I JUST WANNA MAKE SURE I'M READING THE RIGHT ONE. WE'RE ON 0 0 0 8, CORRECT? OKAY. CORRECT. I MOVE THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BA 25 0 8 FW FIVE ON APPLICATION. UH, AND FORGIVE ME IF I MISPRONOUNCE YOUR NAME. M WALI? YES. GRANTS THIS REQUEST TO WAIVE THE FILING FEES BE PAID IN ASSOCIATION WITH REQUEST FOR THE SPECIAL EXCEPTION HEIGHT RE REGULATION SPECIAL EXCEPTION TO THE 45 FOOT VISIBILITY OBSTRUCTION TRIANGLE REGULATION AS REQUESTED BY THE APPLICANT. BECAUSE OUR EVALUATION OF THIS PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT WOULD RESULT I'M SKIPPING WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT. IS THERE A SECOND FOR MR. CAMPBELL'S MOTION TO GRANT THE APPLICATION FOR REVIEW WAIVER? I SECOND. OKAY. IS THERE ANY DISCUSSION ON MR. CAMPBELL'S MOTION? WE'LL START WITH MR. CAMPBELL. THANK YOU CHAIR AGAIN. YEAH, I THINK THIS IS NOT THE FAULT OF THE APPLICANT. SINGLE MOTHER LOST A JOB DEALING WITH ELDERLY SICK PARENTS. AGAIN, I THINK THIS HITS SQUARELY INTO WHAT SUBSTANTIAL FINANCIAL HARDSHIP DEFINITION SHOULD BE, AT LEAST AS IT APPLIES TO WHAT I THINK IT SHOULD BE. AND SO FOR THAT REASON, I'M SUPPORTING THIS MOTION. MR. FINNEY? UM, YES, AND I ECHO MR. CAMPBELL'S COMMENTS AND, UM, AND I, I THINK I EMPATHIZE WITH THE FACT THAT THE, THE WHOLE CAUSE OF THE VARIANCE IS DUE TO, UH, SITUATION BEYOND HER CONTROL THAT SHE WAS UNAWARE OF. SO, UM, SO YEAH, WE APPRECIATE YOUR VERY THOROUGH EXPLANATION AND THAT'S WHY I'LL BE SUPPORTING THIS MOTION. ANY OTHER DISCUSSION ON MR. CAMPBELL'S MOTION TO GRANT? MS. WILLIAMS, WOULD YOU PLEASE TAKE A ROLL CALL VOTE MR. FINNEY? AYE. MS. LAMB? AYE. MS. MR. KIM, MR. QUINN? AYE. MR. CHAIR AYE. MOTION FOR GRAHAM PASSES? FIVE TO ZERO. THANK YOU, MA'AM. YOU'LL GET A LETTER IN THE MAIL. THANK YOU LADIES AND GENTLEMEN. ALL RIGHT, LAST ITEM ON OUR MISCELLANEOUS DOCKET. I'M GONNA CALL ONE MORE TIME TO SEE IF THE APPLICANT IS HERE. THAT IS THE APPLICATION FOR FEE WAIVER AT 1 2 3 8 4 HALIMA STREET. SHE IS NOT, SHE'S NOT ON LINE INSIDE. ALL RIGHT THEN, UH, WE CHECKED ONLINE AND WE DON'T HAVE AN APPLICANT WHO'S APPEARING HERE AND, AND WE'RE NOT, WE DON'T HAVE A REGISTERED SPEAKER IN PERSON AND NOBODY'S STANDING UP. AND SO UNDER OUR RULES, WE HAVE TWO OPTIONS. WE CAN HOLD THE CASE OVER OR WE CAN GO AHEAD AND VOTE ON IT. UM, WHICH WOULD BE A DENIAL WITHOUT PREJUDICE THAT THEY COULD, THEY [00:40:01] COULD REER IT LATER. WELL, IT, YEAH, IT WOULD BE. YEAH. ALRIGHT, SO, UM, I I THINK WE SHOULD GO AHEAD AND PROCEED AND VOTE ON THE CASE. SO, UM, UNLESS THERE'S ANYONE HERE TO SPEAK, SEEING NONE THE COURT, THE CHAIR WOULD ENTERTAIN A MOTION ON, UH, THE FEE APPLICATION AT 1 2 3 8 4 HOLY STREET. MR. QUINT, I MOVE THAT THE BOARD OF ADJUSTMENTS AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 1 0 FW FOUR ON APPLICATION OF SAMIR MOGUL DENIED THE REQUEST TO WAIVE THE FILING FEES PAID IN ASSOCIATION WITH A REQUEST FOR SPECIAL EXEMPTION TO DEFENSE HEIGHT REGULATIONS AND SPECIAL EXEMPTIONS IN 20 FOOT VISIBILITY OBSTRUCTION TRIANGLE REGULATION AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD NOT RESULT IN A SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT. IS THERE A SECOND FOR MR. QUINN'S? MOTION TO DENY. SECOND. ALL RIGHT. ANY DISCUSSION ON MR. QUINN'S MOTION? WE'LL START WITH MR. QUINN. MY FEELING WAS IF THIS WAS IMPORTANT TO THE APPLICANT, THE APPLICANT WOULD BE HERE. UM, SO ABSENT THE APPLICANT PRESENTING A CASE, I'VE GOT NOTHING TO DENY. ANY ADDITIONAL COMMENTS MS. LAMB? UM, MOST OF THESE CASES ARE SET REGARDLESS OF WHAT HAPPENS WITH THESE FEES, ASSUMING THAT THEY ARE PAID TO GO IN FRONT OF, UH, OUR PANEL NEXT SESSION. SO I THINK THAT HOLDING THE CIVIL WILL JUST DELAY THIS APPLICANT AND I DO THINK THERE'S AN AVENUE FOR RELIEF HERE SHOULD THE APPLICANT DECIDE TO, UM, FILE IN ADDITION, UM, TO THE, THEIR APPLICATION, UM, A REIMBURSAL AT THE NEXT HEARING. SO I JUST WANNA KEEP THIS MOVING ALONG, UM, AND IF THEY WANT TO SEEK THAT REMEDY, THEY'RE MORE THAN WELCOME TO. AND I'LL JUST ADD, I AGREE WITH MR. QUINN. AT THE END OF THE DAY, WE'RE REQUIRED TO ASSESS THE EVIDENCE THAT'S PRESENTED TO US AND FIGURE OUT IF IT PRESENTS A SUBSTANTIAL FINANCIAL HARDSHIP AND THERE WAS NO EVIDENCE PRESENTED TO US. AND SO I SUPPORT THE MOTION. ANY FINAL COMMENTS ON MR. QUINN'S MOTION TO DENY? AND IN THAT CASE, MS. WILLIAMS, WOULD YOU PLEASE TAKE A ROLL CALL VOTE. MR. QUINN? AYE. MS. LAMB? AYE. MR. CAMPBELL? AYE. MR. FINNEY? AYE. MR. CHAIR? AYE. MOTION TO DENY PASSES FIVE THROUGH ZERO. ALRIGHT, MOVING ON TO THE NEXT ITEM ON OUR DOCKET. WE'RE NOW MOVING ON TO THE INDIVIDUAL ITEMS AND WE'RE GONNA START WITH THE APPLICATION FOR VARIANCE THAT'S PRESENTED, UH, AT 1 1 2 1 1 STRAIGHT LANE. DO THAT. OH, OUT HERE. OH, DEAD. YOU'RE NOT TALKING , SIR. APOLOGIZE SIR. YOU WERE POINTING TO ME, BUT I THEY WERE BEHIND ME. ALL RIGHT, SIR. UM, OKAY. JUST TO GET START, ARE YOU THE APPLICANT SIR? YES, SIR. . ALL RIGHT. THANK YOU . MS. WILLIAMS IS GONNA SWEAR YOU IN AND SHE'LL GET YOUR, YOUR NAME AND ADDRESS AND THEN YOU'LL HAVE FIVE MINUTES. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF TESTIMONY? I DO. CARL CRAWLEY. 3 3, 3 3. I THINK THAT'S FOUR THREE WELBURN. UM, UH, I HAVE A PRESENTATION SOMEWHERE, SOMEWHERE. IT IS, YES SIR. WE'RE PULLING IT UP. HIDDEN, HIDDEN ELECTRONIC, UH, JAIL SOMEWHERE. PROBABLY IT'S IN THE CLOUD OR IN A DATA CENTER. AI HASN'T MADE YET. WE COULD GO WITH THE JEOPARDY THINGS. UH, EVERYONE KNOWS THE CASE. WHY DON'T WE GO TO THE NEXT SLIDE SINCE WE'VE GOT FIVE MINUTES. I DON'T THINK I CAN HOLD . UM, ALSO EVERYONE KNOWS WHERE THE PROPERTY WAS. I WAS WATCHING YOU. JUST A LITTLE GREEN THING THERE. UH, NEXT SLIDE PLEASE. UM, OBVIOUSLY I THINK, UH, MS. MAY BROUGHT UP, AND I THINK EVERYONE CAN SEE THIS LOT IS WOW, THAT'S AN UNUSUAL SHAVE LOT E IN, EVEN IN IN MY BUSINESS OF DOING THIS, UH, WELL MANY DECADES. UM, SO WE'VE HIGHLIGHTED THE, THE TWO BUILDABLE AREAS BASED ON THE 60 FOOT AND I'M NOT GONNA GO TO THE WHOLE NSO THING AND THAT WAS ALL EXPLAINED TO YOU. UM, NEXT SLIDE PLEASE. SO WHAT WE DID IS WE PUT [00:45:01] ON HERE THE, UH, AREA THAT, UM, THE 60 FOOT SETBACK GIVES ME. AND, AND I'M GONNA DISCOUNT THE ORANGE SIDE BECAUSE THAT'S REALLY AT 40 FEET. IT'S, IT'S, WE'RE GONNA PUT AN ACCESSORY GARDEN TYPE HOUSE, IF THAT MAKES SENSE. I DON'T KNOW WHAT THEY'RE REALLY CALL IT, BUT TOO, I'M TALKING ABOUT, UM, SO REALLY THE 40, THE BLUE SIDE IS THE, IS THE SIDE THAT'S GONNA BE THE HOUSE BUILT ON. SO AT 60 FOOT, AT THE 60 FOOT SETBACK, TAKING IN ALL THE 60 AND ALL THE SIDE YARDS AND EVERYTHING IN REAR YARDS, I'LL HAVE 15,000 AND SOME SPARE CHANGE OF BUILDABLE AREA. AND IF YOU PUT IT AT 40 FEET, I GAINED 3,800 SQUARE FEET. WHICH DOESN'T SOUND LIKE A LOT, BUT IT IS A LOT WHEN IT COMES TO THE DIFFERENCE BETWEEN BUILDING A HOUSE THAT THEY WANT TO BUILD ON THE SITE VERSUS ONE THAT WOULD BE VERY MUCH COMPACTED. UH, NEXT SLIDE PLEASE. SO, AND, AND I THINK, I THINK IT MAY HAVE BEEN SARAH OR SOMEONE ELSE BROUGHT UP AND I, I, SORRY, CALLING HER SARAH. I'VE KNOWN SARAH FOR A NUMBER OF DECADES AGAIN, BUT SARAH AND I DON'T REALLY WANNA TALK ABOUT THAT. PROBABLY. UM, WE PICKED A LOT, IF YOU'LL SEE THE LITTLE YELLOW LOT THERE, WE PICKED A LOT AROUND THE CORNER THAT'S ABOUT THE SAME SIZE IN THE SAME TRACK. UM, JUST TO SORT OF COMPARE 60 FEET VERSUS 40 FEET WITH A BUILDABLE AREA WITH THE UNUSUAL SHAPE. AND IF YOU LOOK AT THE, THE, THE LOT AROUND THE CORNER, WHICH IS A LITTLE SMALLER LOT, THEY HAVE 24, 23 8 IN THE WAY OF BUILDABLE AREA BASED ON THE 60 FOOT SETBACK AND EVERYTHING. AND IF YOU LOOK AT OURS AGAIN, IF I MOVE TO 40, I'LL HAVE A LITTLE BIT MORE. SO I'M NOT ASK, ACTUALLY, I STILL, YEAH, A LITTLE BIT MORE, BUT I'M NOT ASKING FOR SOMETHING JUST OUTRAGEOUS OF WHAT MIGHT BE A NORMAL LOT, UH, SHY SIZE AND SHAPE WISE IN THE NEIGHBORHOOD. AGAIN, JUST AROUND THE CORNER. UM, NEXT SLIDE PLEASE. SO THEN, AND I DON'T KNOW IF YOU HAD THIS SLIDE OR NOT. WE TOOK THE, THE SITE PLAN OF THE HOUSE AND IMPOSED IT ON THE 60 FOOT AND THE, WELL YOU SHOW THE 60 FOOT LINE AND THE 40 FOOT LINE. SO WE'VE MOVED IT 20 FEET CLOSER. UM, I THINK THE NEXT SLIDE'S A LITTLE MORE TELLING, IF WE MOVED IT BACK TO 60 FEET, YOU CAN SEE OBVIOUSLY WE'D HAVE TO REDESIGN THE HOUSE, WHICH IS NOT EARTH SHATTERING OR, BUT, UH, THE DIFFICULTY YOU'D HAVE IS THE LIKELIHOOD IS TO GET THAT HOUSE INTO THAT SHAPE AT 60 FEET. THE LIKELIHOOD IS IT WOULD GO UP. UM, IT'S A TWO STORY HOUSE. NOW YOU COULD BUILD A THREE STORY HOUSE. NO ONE WANTS A THREE STORY HOUSE IN THAT NEIGHBORHOOD. BUT THE OTHER DIFFICULTY I WANNA POINT OUT TO YOU, OVER ON THE RIGHT SIDE, THE GARAGE IN THE NSO HAS TO BE TO THE REAR OF THE HOUSE. UM, WE'VE WORKED WITH THE STAFF AND WHERE WE'VE PLANNED IT, THERE IS A, A ROOM OR TWO IN FRONT OF IT. SO IT IN A SENSE, THE BUILDING INSPECTION SAYS THAT'S FAR ENOUGH IN THE REAR OF THE HOUSE FOR ME TO GET IT TO THE REAR OF THE HOUSE. AND THIS OTHER ONE, I I DON'T KNOW HOW I'M GONNA GET THE DRIVEWAY CLOSER TO IT, IF THAT MAKES SENSE. 'CAUSE I'M NOW SORT OF PINCHED IN THAT WHOLE SIDE YARD SITUATION. I'M PROBABLY GONNA BE FILLING UP MORE OF THAT LOT. UM, AND THEN, UM, I I GUESS THE LAST ONE JUST SORT OF IS, IS TO GO TO THE NEXT SLIDE AND THEN I ALSO WANT TO TALK ABOUT THE NEIGHBOR. THE, THE 9 48, UH, THIS MORNING, UH, EMAIL. UM, THEIR CONCERN WAS, UH, THE 60 FEET VERSUS THE 40 FEET. UM, I DID, YEAH, THAT, THAT, THAT EMAIL THERE , THEY UH, THEY HAVE A 20 FOOT SETBACK SIDE YARD SETBACK. UH, WE MEASURED OFF OF AERIAL, UH, STRAIGHT LANE IS 60 FEET OF WIDTH. I, THAT ACTUALLY KIND OF SURPRISED ME 'CAUSE MOST OF THE STRAIGHT LANE, IF YOU THINK ABOUT IT, IS A NARROWER STREET IF YOU GO FURTHER SOUTH AS I RECALL. BUT THIS IS A 60 FOOT AND I'M STILL AT 40 FEET, SO I'LL STILL BE 120 FEET AND WHERE THE FRONT OF MY HOUSE FACES. AND IF YOU COULD GO BACK TO AN AERIAL, BUT, BUT YOU'LL HAVE TO TRUST ME. BUT YOU'VE SEEN THE AERIAL. I'M REALLY FACING THE STREET. I'M REALLY FACING MAN GOLD. UH, HIS HOUSE IS A LITTLE BIT, I WON'T, THE FRONT OF MY HOUSE WILL FACE MAN GOLD MORE THAN IT WILL BE HIS SIDE YARD, IF THAT MAKES SENSE. SO, UM, I I DON'T THINK I'M REALLY DOING IRREPARABLE HARM TO HIM. AND IF YOU WENT BACK TO SOME OF THE OTHER AREAS, THERE ARE SOME PEOPLE OUT THERE THAT ARE REALLY THE LOT THAT I SHOWED YOU, UH, WITH THE LITTLE THING, THAT HOUSE IS VERY, VERY DENSE IN THAT PIECE OF PROPERTY. UM, WE'D PROBABLY HAVE MUCH, MUCH MORE EFFECT ON OUR NEIGHBORS IF WE MOVED IT BACK AND BUILT WITH DENSER. SO REALLY WE REALLY THINK THIS IS A BETTER OPTION. UH, I DID SOME RESEARCH ON SOME OF YOUR HOUSES AND STUFF. UM, D AD DOESN'T TELL ME SINCE THE HOUSE WAS REMOVED BEFORE WE BOUGHT IT DOESN'T TELL ME WHEN IT WAS BUILT. YOU CAN'T GO BACK DCA HISTORY WISE, BUT I DID LOOK AT THE HISTORY OF ALL THE, THE TAX ROLL SHALL WE SAY, WHICH GOES GOT ME BACK TO 1989. THERE WAS STILL SOMETHING THERE IN 1989 OF SEEING PICTURES OF THAT HOUSE. I'D HAVE TO GUESS JUST THE WAY IT WAS BUILT AND THE SIZE OF THE HOUSE, UH, STRAIGHT LANE HAS OBVIOUSLY EVOLVED OVER THE DECADES. STRAIGHT LANE WAS NOT THE ORIGINAL STRAIGHT LANE, IF THAT MAKES SENSE. UM, THAT HOUSE, I WOULD SAY WAS PROBABLY BUILT IN [00:50:01] THE EARLY SEVENTIES, UH, THE HOUSE, THE PREVIOUS HOUSE JUST BY THE DESIGN AND THE ARCHITECTURE OF THE HOUSE AND THE SIZE. UM, BUT I KNOW IT WAS THERE FROM 1989. UM, AND THEN I ALSO WANTED TO LET YOU KNOW THE PLA THAT WAS DONE ON THAT HOUSE IN 1994, WHICH WAS A RE PLAT THAT JUST SORT OF DE INTO THIS HOUSE REMOVED ALL BUILDING LINES FROM THIS HOUSE. SO, SO THE PLAT SHOWS NO BUILDING LINES ON IT. THE NSO IMPOSED, UH, THE 60 FOOT BUILDING LINE AND AGAIN, SEVEN FOUR. SO WE BELIEVE THE HOUSE TH THERE IS A REASON FOR VARIANCE OF THE LOT DOESN'T FIT THE CHARACTER OF THE NEIGHBORHOOD S SIZE WISE, ESPECIALLY WHEN I TOOK THE 60 FOOT. AND SHAPE WISE, I'M LOSING A LOT OF MY LOT ALREADY TO THE, I GUESS THE SOUTH. SO HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. I DON'T KNOW IF ANYONE PERIODS ABOUT THAT. ALL RIGHT. ANY QUESTIONS FOR MR. CROWLEY? AND WE'LL START WITH MR. FINNEY. YES SIR. UH, YES. UM, I'M CURIOUS, SO THERE IS ONE YOU, YOU REFERENCED THE NEIGHBOR ACROSS THE STREET WHO'S WRITTEN A LETTER OF OPPOSITION. DID YOU MAKE ANY EFFORT TO SPEAK WITH THEM ABOUT IT? WELL, I DIDN'T KNOW THAT OPPOSITION TILL 9 48 THIS MORNING. WE SENT OUT LETTERS TO EVERYBODY. UH, THE UH, PROBABLY ONE OF THE REASONS WE DON'T HAVE OPPOSITION IS, IS TO ON OUR SIDE OF THE STREET, IF THAT MAKES SENSE. UM, IS THAT, UM, THE PROPERTY OWNER THAT, THAT I REPRESENT, BOUGHT THE HOUSE, ACTUALLY BOUGHT THE LOT FROM THE PERSON TO THE NORTH AND AND ALSO THE PERSON TO THE SOUTH WAS INVOLVED IN IN SOME SORT OF TRANSACTION. THEY KNOW WHAT WE'RE GOING TO BUILD THAT. THAT'S PROBABLY THE REASON THEY'RE NOT HAVING IT RATE WEIGHED IN. I DON'T THINK THEY WOULD OBJECT. THEIR HOUSES ARE PROBABLY A LOT BIGGER. I WANT TO, I DIDN'T WANNA SAY MONSTROSITY, BUT I DID SAY DID THAT. WELL OBVIOUSLY THIS HOUSE IS GONNA BE BIGGER THAN THEIR BEFORE. LET'S BE HONEST. THE, THE VALUE OF THE HOUSE IN 1989 WAS $137,000. WELL, YOU KNOW, THAT WASN'T A BIG HOUSE EVEN IN 1989. THE VALUE OF THE HOUSE, UM, WELL IT WAS KNOCKED DOWN WAS 300,000. YOU KNOW, THAT WASN'T A VALUABLE HOUSE THREE OR FOUR YEARS AGO WHEN IT WAS KNOCKED DOWN. SO OBVIOUSLY WE'RE GONNA BUILD A BIGGER HOUSE, BUT IT'S NOT GOING TO BE AS CONGESTED AS IT COULD BE, OBVIOUSLY. OR IT WOULD HAVE TO BE IF WE MOVED TO 20 FEET 30. THANK YOU. MR. CAMPBELL. THE ONLY LETTER IN OPPOSITION, THE ONE THAT WE RECEIVED, UH, BEFORE WE STARTED THIS MORNING IS DIRECTLY ACROSS THE STREET, CORRECT? UH, ACROSS STRAIGHT LANE? YES, SIR. ACROSS STRAIGHT. AND PER YOUR TESTIMONY, IT'S FA IT'S NOT FACING THE PROPERTY IN QUESTION, IT'S FACING NORTH, CORRECT? HE FACES MANEL, YES. OKAY. YEAH. AND THEY'RE SETBACK. THE, THE, THE PEOPLE THAT ARE IN OPPOSITION, THEIR SETBACK IS ONLY HOW MANY FEET? 40 FEET. IT'S 20 OR THEY, THEIR, THEIR SIDE YARD JUST BY WHERE THEY BUILT IS 20 FEET. THEIR FRONT YARD IS THE SAME ZONING AS I, OKAY. AS I'M REQUESTING 40 FEET. THANK YOU. YEAH, THEY HAVE THE SAME THING. WE WANT MR. QUINT. SO THE PERSON IN OPPOSITION'S SIDE YARDS AT 20 FEET FROM STRAIGHT, YOU'RE GONNA BE 40 FEET BACK FROM STRAIGHT. YEAH. AND IF, IF THIS GETS APPROVED AND STRAIGHT, 60 FEET OF WIDTH. SO THAT'S 125 AND HALF I THINK. YEAH. THANK YOU. AND THEN FINALLY, MS. LAMB, UM, THANK YOU FOR YOUR PRESENTATION. IS IT POSSIBLE WE CAN GO BACK AND LOOK AT THEIR, UH, SITE PLAN THAT INDICATES WHERE THE GARAGE IS? UH, DO WE HAVE ONE SITE PLAN WHERE THE GARAGE, IT'S PROBABLY BECAUSE I THINK ONE OF THE, ONE OF THE BIGGEST PIECES IS HERE IN TERMS OF RATIONALE AND APPROVAL OR DENIAL IS THE CONSTRAINTS OF THE BILLABLE AREA. AND ALTHOUGH YOU JUST INDICATED THAT YOU COULD SET THE HOUSE BACK, I THINK ONE OF THE BIGGEST COMPONENTS FOR ME IS THE QUESTION OF THE GARAGE. YOU KNOW, THE NSO INDICATES THAT THE GARAGE NEEDS TO BE IN THE REAR. I'M JUST TRYING TO UNDERSTAND, IS IT THE GARAGE WHERE THE GARAGE IS , WHERE THAT GARAGE IS? THIS IS WHAT WE WANT TO BUILD. OKAY. UM, BUILDING INSPECTION SAYS THAT QUALIFIES AS A GARAGE. CAN SOMEBODY SHOW WHERE? OH, SEE, AND THAT'S CONSIDERED REAR, WE HAVE TWO ROOMS IN FRONT OF IT. SO BUILDING INSPECTION HAS SAID THAT'S THE REAR. OKAY. SO, AND, AND THE OTHER ISSUE WE HAVE WITH THE REAR IS IF YOU LOOK AT THE NSO, WE'RE ONE OF MAYBE TWO PROPERTIES THAT DON'T HAVE AN ALLEY. YEAH, YEAH. SO WE, WE, WE WERE ALREADY BEHIND THE EIGHT BALL ON A GARAGE IN THE REAR. BE BE HONEST, BECAUSE THERE'S NO ALLEY. THE NEXT DOOR NEIGHBORS TO OUR NORTH, LIKE I GUESS WHICH TO THE RIGHT AND TO THE SOUTH BOTH HAVE AN ALLEY THAT'S SORT OF DEAD END TO THEIR PROPERTY. IT DOESN'T REACH OUR PROPERTY. SO, SO IS THERE A WAY IF, IF YOU WERE TO BE COMPLIANT HERE AND SET THE HOUSE BACK, WHICH YOU'D ACTUALLY BE ABLE TO COMPLY WITH THE GARAGE IN THE REAR, UM, AND HAVE ACCESS TO IT, THAT DRIVEWAY WOULD BE ALL THE WAY DOWN IN THE SETBACK ALL THE WAY TOWARDS THE BACK AND WE'D HAVE TO PUSH EVERYTHING FURTHER BACK SO YOU'D GO FURTHER BACK INTO [00:55:01] THE PROPERTY, WHICH IN MY MIND PUTS MORE OF A BURDEN ON A PROPERTY OWNER, OUR NEXT DOOR NEIGHBOR. 'CAUSE NOW THEY HAVE THEIR, THEY HAVE A DRIVEWAY GOING FURTHER PAST THEIR BACKYARD, IF THAT MAKES SENSE. YEP. YEAH, I'M TRYING TO KEEP IT AS CLOSE TO THE FRONT THAT I'M NOT IN HIS, MY CARS AREN'T IN HIS PLAIN HIS VIEW, IF THAT MAKES SENSE. OKAY. THANK YOU. AND I GUESS THE OTHER OPTION WOULD BE, NO, IT'S NOT EVEN AN OPTION. THINK ABOUT PLA PUT IT IN THE GARAGE. WELL, IT CAN'T BE, THE GARAGE HAS TO BE ATTACHED, SO I COULDN'T PUT IT IN THE, THE OTHER END OF THE TRUNK. I CAN'T PUT IT ON THE, THE PENINSULA OR THE PANHANDLE OVER THAT. 'CAUSE IT HAS TO BE ATTACHED TO THE HOUSE. RIGHT. ANY FINAL QUESTIONS FOR MR. CROWLEY? ALL RIGHT. SEEING NONE. THANK YOU, SIR. THANK YOU. ARE THERE ANY, UM, OTHER SPEAKERS HERE IN SUPPORT OF THE APPLICATION AT 1 1 2 1 1 STRAIGHT LANE? NO, THE SPEAKERS REGISTERED, SIR. AND ARE THERE ANY SPEAKERS, UH, REGISTERED IN OPPOSITION? NO, THE SPEAKERS. ALL RIGHT. AND AT THIS POINT I WOULD ENTERTAIN A MOTION ON WHETHER TO GRANT THE VARIANCE AT 1 1 2, 1 1 STRAIGHT LANE. I'D LIKE TO MAKE A MOTION. I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 1 0 0 AND APPLICATION OF CARL CROWLEY GRANT THE 20 FOOT VARIANCE TO THE FRONT YARD SETBACK 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. THE FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT, THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. IS THERE A SECOND FOR MR. FINNEY'S MOTION TO GRANT? SECOND. ANY DISCUSSION ON THE MOTION? WE'LL START WITH MR. FINNEY. YEAH. UM, FIRST OF ALL, I'D LIKE TO JUST COMMEND MR. CRAWLEY FOR YOUR DILIGENCE. UM, YOUR SITE PLANS AND DIAGRAMS MADE IT, UH, VERY EASY TO MAKE THIS DECISION. UH, AND, UH, IN FACT, YOUR SITE PLANS LOOK BETTER THAN MOST ARCHITECT SITE PLANS. SO, UM, I ALSO THINK, UH, IT'S VERY CLEAR THAT, UM, YOU KNOW, GIVEN THAT THERE'S ONLY ONE LETTER OF OPPOSITION AND IT'S A PERSON THAT'S OUTSIDE OF THE, UH, NSO, UM, THAT IT'S NOT CONTRARY TO THE PUBLIC INTEREST. UM, AND THE FACT THAT HE IS SO CLEARLY JUST TRYING TO ACHIEVE THE SAME LEVEL OF BUILDABLE AREA AS EVERYONE ELSE IN THE NSO, UH, IS VERY CONVINCING. AND, AND ALSO JUST, YOU KNOW, LOOKING AT THE SITE PLAN AGAIN, I THINK THE SITE PLAN TELLS THE STORY SO WELL. UM, IT'S CLEAR THAT THIS, THIS PARTICULAR PROPERTY IS, UH, PRETTY EXCEPTIONAL AND UNIQUE COMPARED TO THE OTHER PROPERTIES IN MINNESOTA. SO ANY ADDITIONAL DISCUSSION ON MR. FINNEY'S MOTION? I SEEING NONE. MS. WILLIAMS, COULD WE PLEASE TAKE A ROLL CALL VOTE ON MR. FINNEY'S MOTION TO GRANT THE APPLICATION. MS. LAMB? AYE. MR. FINNEY? AYE. MR. QUINN? AYE. MR. CAMPBELL AYE. MR. CHAIR? AYE. MOTION TO GRAND PASSES? FIVE TO ZERO. ALL RIGHT. THANK YOU VERY MUCH, SIR. YOU'LL GET A LETTER IN THE MAIL. AYE, BEYOND MY , SO NOTED. ALL RIGHT, THANK YOU VERY MUCH, . ALL RIGHT, NEXT UP WE HAVE THE APPLICATION FOR A VARIANCE AT 1 1 1 6 KENSINGTON DRIVE. JUST AS A REMINDER, IT'S THE EXACT SAME STANDARD AS THE PRIOR CASE. WE'RE LOOKING AT WHETHER THE EVIDENCE PRESENTED IS, UH, SHOWING THE APPLICATION IS NOT CONTRARY TO THE PUBLIC INTEREST. THE LAW IS OF A RESTRICTIVE SHAPE AND BLESSED THAT THE HARDSHIP IS NOT SELF-CREATED. SO THAT'S WHERE WE'RE HEADED. ARE YOU THE APPLICANT SIR? I AM THE APPLICANT. ALL RIGHT, GREAT. WELCOME. MS. WILLIAMS IS GOING TO SWEAR YOU IN AND SHALL TAKE YOUR NAME AND ADDRESS. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. PLEASE, PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS RICK GARZA. I RESIDE AT 1314 KINGS HIGHWAY, WHICH IS THE KINGS HIGHWAY CONSERVATION DISTRICT, THE FIRST CONSERVATION DISTRICT IN THE, IN THE CITY OF DALLAS, IN THE SECOND IN THE STATE OF TEXAS. I'VE RESIDED THERE FOR TOO MANY YEARS THAT I WANNA MENTION. UM, BUT, UH, SO I AM THE APPLICANT. I'M ALSO THE ARCHITECT ON THIS RESIDENCE. I'M REPRESENTING MY CLIENTS WHO OWN THE HOME. UH, SO I WILL START OFF, I I DO HAVE A PRESENTATION, BUT I, I REALLY WANNA ADDRESS MS. LAMB'S CONCERNS, [01:00:01] WHICH I HAVE STRONG APPRECIATION FOR, UH, WHICH WAS WITH RESPECT TO CONSERVATION DISTRICTS. SO I, I WILL STATE THAT THIS HAS BEEN THROUGH THE REVIEW PROCESS WITH THE PRESERVATION DEPARTMENT. UH, HENCE THEY REFERRED IT HERE. IT, IT MEETS ALL OF THE ORDINANCE REQUIREMENTS, BUT FOR THE SETBACK. UM, AND SO, UH, IF I NEED TO GO THROUGH THE PRESENTATION TO SHOW, WHICH I THINK YOU GUYS HAVE, UM, IN THE DOCKET, THE SITE PLANS THAT SHOW, UH, YOU KNOW, THE SETBACKS, ET CETERA, ET CETERA, ET CETERA. THIS HOUSE IS AN ICONIC HOUSE IN THE KESSLER PARK AREA. IT HAS BEEN SINCE IT WAS BUILT. IT'S ON A VERY, VERY UNUSUAL LOT SHAPE. UH, CONTRARY TO ALL OTHER LOTS. THIS ONLY HAS A FRONT YARD AND A REAR YARD. IT HAS NO SIDE YARDS. UH, AND SO THAT PLACES A, A HARDSHIP ON THE PROPERTY. MY CLIENTS HAVE BEEN LIVED THERE FOR 11 YEARS. THEY WANTED, WERE DOING A MAJOR RENOVATION TO IT IN THE 1970S. THIS HOME HAD AN, A LARGE ADDITION DONE TO IT, WHICH WAS COMPLETELY CONTRARY TO THE CHARACTER OF THE HOME. WHAT WE'RE DOING IS, YES, WE HAVE TWO SMALL ADDITIONS TO THE HOUSE, BUT DOING A MAJOR RENOVATION TO THE MAIN PART OF THE HOUSE. UH, AND WE'RE TRYING TO BRING IT BACK TO THE CHARACTER THAT IT WAS SUPPOSED TO BE, UH, BEFORE THE RENOVATION IN THE 1970S. UM, BUT THAT'S, THAT'S WHAT WE'RE DOING WITH THE HOME. UH, I THINK THE SITE PLANS AND, UM, IT'S ON THIS UNUSUAL, THERE'S ONLY THREE HOMES IN THIS BLOCK. UM, AND, AND THEY'RE BEHIND THIS HOME. UH, ALTHOUGH IT'S LOOKED AT IN THE ORDINANCE, IT'S LOOKED AT AS THE BLOCK FACE, UH, WHICH IS VERY UNUSUAL BECAUSE YOU USUALLY LOOK AT A BLOCK FACE AS YOU'RE STANDING ON THE STREET AND YOU'RE LOOKING AT HOMES ON THIS BLOCK FACE, THE TWO HOMES THAT AFFECT, UH, THAT THE SETBACK ARE BEHIND THIS HOME. UM, AND ONE OF 'EM, YOU KNOW, IT PUSHES THE SETBACK TO, UH, 37 FEET, NINE INCHES, UH, BE PRIOR TO THE CONSERVATION DISTRICT, UH, ORDINANCE CREATION FOR THIS NEIGHBORHOOD, THE KNU SUB AREA ONE, IT WAS 25 FEET. UM, AND BECAUSE WE TAKE THE AVERAGE OF THE TWO HOMES, SETBACKS BEHIND IT NOW INCREASES IT. ONE OF THE HOMES DOESN'T MEET THAT REQUIREMENT. UH, BUT OBVIOUSLY THOSE ARE THE TWO PEOPLE IN SUPPORT OF WHAT WE'RE DOING. OH, ONE, ONE OTHER THING. I'M SORRY. NO, PLEASE. UH, SO THE PRESERVATION DEPARTMENT HAS REVIEWED THIS EXTENSIVELY. THEY AGREE THAT IT MEETS ALL OF THE ORDINANCE REQUIREMENTS, BUT FOR THE SETBACK, ONCE, IF THIS IS APPROVED, THEY REFERRED IT HERE. IF THIS IS APPROVED, I STILL HAVE TO GO BACK AND GET FINAL APPROVAL AND STAMPING FROM THE PRESERVATION DEPARTMENT. SO THEY WOULD, THEY WOULD ENSURE THAT IT MEETS ALL OF THE REQUIREMENTS FOR THE CONSERVATION DISTRICT. ANY QUESTIONS FOR MR. GARZA? MR. FINNEY, MR. GARZA? UM, SO EVEN THOUGH WE DON'T HAVE ANY LETTERS OF OPPOSITION, UH, DID YOU ENGAGE WITH THE NEIGHBORS, UM, DURING THIS PROCESS? I DID. OKAY. I DID. AND WHAT WAS THAT LIKE? DID THEY HAVE ANY ISSUES OR CONCERNS? NO. UH, AND I'LL TELL YOU, UH, MR. FINNEY, ALL OF THE HOMES ACROSS THE STREET ON MONTCLAIR, I'LL HAVE 25 FOOT SETBACKS. UM, AND BECAUSE THIS IS ONLY THREE LOTS IN THIS BLOCK AND YOU CROSS KENSINGTON, IT'S THE STREET WRAPS AROUND THIS, THIS IS A PENINSULA LOT. THAT'S WHY IT'S ALL FRONT YARD AND A REAR YARD AND NO, NO SIDE YARDS. BUT ALL THE OTHER HOMES, UH, ADJACENT, UH, ARE, YOU KNOW, 25, 26 FOOT SETBACKS. MM-HMM . BUT I DID ENGAGE 'EM AND THEY WERE, THEY WERE VERY OPEN. THEY, UH, OF COURSE THEY LOOK AT THIS HOUSE JUST LIKE I DO. IT'S A VERY ICONIC HOUSE. SO, UM, THEY, THEY, THEY SEE WHAT WE'RE PROPOSING AND THEY TOTALLY, THEY IT. YEAH. AND I GUESS I WAS THINKING OF THE, ON YOUR SITE PLAN, YOU HAVE THE LINE OF RESIDENCE NEXT DOOR, UM, FOR THE RESIDENCE BEHIND, UH, UH, I GUESS I WAS THINKING OF THE NEIGHBORS BEHIND MORE, UH, THAN THE NEIGHBORS ACROSS THE STREET. YEAH. THO THOSE ARE THE TWO LETTERS OF, OF, UH, IN FAVOR. OKAY, GREAT. THE TWO NEIGHBORS BEHIND. GREAT. THANK YOU MS. LAMB. UM, I THANK YOU FOR YOUR PRESENTATION. YOUR, UH, RENDERINGS AND YOUR NESS HERE ARE BEAUTIFUL. I JUST AS PRACTICE THINK THAT ANYTHING THAT'S IN THE CONSERVATION DISTRICT, OF COURSE HISTORIC DISTRICT SHOULD NEVER BE ON THE CONSENT DOCKET. I ALWAYS THINK IT SHOULD BE PULLED FOR ADDITIONAL CONSIDERATION. I THINK YOU'VE REALLY OUTLINED A THOUGHTFUL PLAN HERE AND ALSO ARTICULATED THE CONSTRAINTS OF THE PROPERTY, INCLUDING HAVING NO SIDE YARDS SET BACK. SO, [01:05:01] UM, I, I FEEL GOOD ABOUT, UH, WHAT MY CONCERNS WERE, UM, BEING MET HERE. YEAH, MS. , I TOTALLY APPRECIATE THAT. I, AS I SAID, I, I'VE PROBABLY, UH, WORKED ON THREE DOZEN HOMES IN CONSERVATION DISTRICTS. I'M CURRENTLY WORKING ON A NUMBER OF THEM. I HAVE A, I HAVE AFFAIRS WITH OLDER STRUCTURES, UM, AND I'M VERY SENSITIVE TO THAT, SO I HAVE A STRONG APPRECIATION FOR YOUR SENSITIVITY. ALRIGHT, ANY ADDITIONAL QUESTIONS FOR MR. GARZA? ALRIGHT, WITH THAT, THANK YOU VERY MUCH SIR. ARE THERE ANY ADDITIONAL SPEAKERS TODAY, UH, IN FAVOR OF THE APPLICATION ON KENSINGTON DRIVE? SSI WAS REGISTERED TO SPEAK. MY NAME IS STEVE. LONG LETTER YOU TOON. BUT I DON'T JUST SAYING THAT I WAS IN SUPPORT. THANK. ALRIGHT. THANK YOU SIR. ANY OTHER SPEAKERS, UH, IN SUPPORT OF THE KENSINGTON DRIVE APPLICATION? NO, THE SPEAKERS REGISTERED, SIR. ALL RIGHT. AND THEN ANY SPEAKERS IN OPPOSITION FOR THE KENSINGTON DRIVE APPLICATION? NO REGISTERED SPEAKER, THEN I WOULD ENTERTAIN A MOTION ON WHETHER TO GRANT THE APPLICATION FOR KINZIE TO DRIVE MS. LAMB. I MOVE WITH THE BOARD OF ADJUSTMENT AND APPEAL, UH, NUMBER BO OA DASH 25 DASH NINE ON APPLICATION OF RICK GARZA GRANT, THE 14 FOOT SEVEN INCH VARIANCE, THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OF OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTERISTICS OF THIS PROPERTY IS SUCH THAT ARE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT AND FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FUR. FURTHER, THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE FOR THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED. IS THERE A SECOND FOR MS. LAMB'S MOTION? I SECOND THE MOTION. ALRIGHT, ANY DISCUSSION ON MS. LAMB'S MOTION TO GRANT? WE'LL START WITH MS. LAMB. UM, I JUST FELT THAT THE ARCHITECTURAL RENDERINGS WERE PHENOMENAL. I ALSO THINK THAT YOU MADE A REALLY GOOD CASE ABOUT THE RESTRICTION RESTRICTIVE NATURE OF THE PROPERTY AND HISTORIC COMPONENTS. SO ALL OF MY CONCERNS THAT WERE MAYBE THERE BEFORE HAVE BEEN, UM, SATISFIED WITH YOUR PRESENTATION AND YOUR, YOUR DRAWINGS MR. FITTY? YES. AND THEN I ECHO MS. LAMB'S COMMENTS. UM, ALSO, YOU KNOW, IN CASES LIKE THIS, I THINK THE NUMBER ONE THING THAT WE LOOK FOR IS, UM, YOU KNOW, WHETHER IT ADVERSELY AFFECTED NEIGHBORING PROPERTIES IS ALL VERY MUCH CENTERED AROUND, UH, THE APPLICANT'S EFFORTS TO ENGAGE WITH THOSE NEIGHBORS. AND I THINK MR. GARZA MADE A VERY, UH, MA MADE IT VERY CLEAR THAT THE NEIGHBORS ARE IN SUPPORT AND THAT THERE HAVE BEEN CONVERSATIONS THROUGHOUT THE PROCESS. ANY ADDITIONAL COMMENTS ON, UH, MS. LAMB'S? MOTION TO GRANT? ALL RIGHT, MS. WILLIAMS, WOULD YOU PLEASE TAKE A ROLL CALL. VOTE MS. LAMB. AYE. MR. CAMPBELL? AYE. MR. QUINN? AYE. MR. FINNEY? AYE. MR. CHAIRMAN, AYE. MOTION TO GRANT PASSES? FIVE TO ZERO. THANK YOU VERY MUCH. THANK YOU, SIR. ALL RIGHT. LAST ITEM ON OUR DOCKET IS THE APPLICATION FOR A SPECIAL EXCEPTION AT 5 0 1 2 BROOKVIEW DRIVE. WELCOME, SIR. COME ON UP. THANK YOU. ARE YOU HI, I'M THE APPLICANT. OH, GREAT. YOU, YOU GUESSED MY QUESTION IN ADVANCE. YES, SIR. , UM, MS. WILLIAMS IS GONNA SWEAR YOU IN. SHE'LL GET YOUR NAME AND ADDRESS AND THEN YOU'LL HAVE FIVE MINUTES. OKAY. UM, MY NAME'S COLBY CRAIG, I LIVE AT 7 4 2 3 GREENBRIER DRIVE IN DALLAS, 7 5 2 2 5. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. OKAY. PLEASE PROCEED. OKAY. UM, THANK YOU GUYS FOR THE OPPORTUNITY TO PRESENT OUR, UH, REQUEST. SO BUILDING A HOME FOR A COUPLE AT 5 0 1 2 BROOKVIEW. AND THIS REQUEST IS FOR AN ACCESSIBLE DWELLING UNIT OR AN ADDITIONAL DWELLING UNIT, RATHER THAT IS WITHIN ALL THE REQUIREMENTS OF ZONING. UM, AS IT IS LAID OUT WILL BE BUILT, UM, ON THE BACK OF THE PROPERTY. THIS REQUEST AND, AND THIS PROPER OR THIS, THIS ADDITIONAL DWELLING UNIT IS FOR THE HOMEOWNER'S MOTHER, UM, WHOSE, WHOSE ELDERLY, UM, AND REQUESTING THAT WE ALLOW A KITCHENETTE, UM, WITH A SINK, A DISHWASHER AND, AND, AND SMALL STOVE, UM, TO FURTHER ENHANCE HER LIVING IN THIS A DU. UM, SHE WILL BE FINE WITHOUT IT, BUT IF IT CERTAINLY WOULD BE VERY NICE AND SOMETHING THAT SHE'S ASKED FOR. AND SO THEREFORE WE'RE HERE REQUESTING THIS, THE BOOK THING. WELL, ANY QUESTIONS FOR THE, [01:10:01] ACTUALLY, WAIT, DID MR. CAMPBELL STEP OUT? I'M SORRY. LET'S JUST WAIT ONE SECOND. WE'RE GONNA MAKE SURE WE GET OUR, OUR FILL GROUP. YEAH, WE'RE GONNA TAKE A FIVE MINUTE RECESS AND THEN WE'LL COME RIGHT BACK. THANK YOU, SIR. APPRECIATE IT. JUST BEFORE WE GET STARTED, I'M JUST GONNA REMIND EVERYBODY, UM, THE STANDARD WE'RE GONNA BE CONSIDERING IS WHETHER THE ADDITIONAL DWELLING UNIT WILL NOT NUMBER ONE, BE USED AS A RENTAL ACCOMMODATION. YEAH, . ALL RIGHT. JUST TO BE CRYSTAL CLEAR FOR THE RECORD, WE'RE BACK AND RECONVENING AT TWO 15 IN THE AFTERNOON. UM, BEFORE WE, UM, ASK ANY ADDITIONAL QUESTIONS FOR MR. CRAIG, I JUST WANNA REMIND EVERYBODY THE LEGAL STANDARD IS THAT WE'VE GOTTA FIND THAT BASED ON THE EVIDENCE, THE ADDITIONAL DWELLING UNIT WILL NOT, NUMBER ONE, BE USED AS A RENTAL ACCOMMODATION OR TWO ADVERSELY AFFECT NEIGHBORING PROPERTIES. YES. UM, ALRIGHT. ANY, UM, WELL LET ME GIVE YOU A CHANCE, MR. CRAIG, DO YOU HAVE ANY ADDITIONAL COMMENTS BEFORE I ASK WHETHER ANYONE HAS QUESTIONS? WELL, NO, AND, AND THANK YOU FOR MAKING THOSE TWO POINTS. SO, UM, ON THE FIRST, UH, THE CREASES, THE FOLKS THAT WE'RE BUILDING THIS HOME FOR ARE HAPPY TO AMEND THE D OF TRUST TO SAY THEY WILL NEVER LEASE THIS A DU OUT TO GENERATE ANY INCOME. 'CAUSE THAT'S NOT THE PURPOSE FOR WHAT THEY'RE, THEY'RE REQUESTING. THIS IS TRULY GONNA BE LIVING QUARTERS FOR THE MOTHER. AND AGAIN, THE REQUEST IS REALLY JUST SO SHE CAN HAVE THE KITCHEN AT, UM, WITHIN THE LIVING QUARTERS. AND AS FAR AS KEEPING UP WITH THE NEIGHBORHOOD, UM, THIS THE PART OF TOWN ON FOR VIEW DRIVE AND IT'S KINDA A LARGER ACRE PLUS ESTATES OVER IN PRESTON HOLLOW. AND, UM, THERE'S SEVERAL THAT WOULD HAVE A AN A DU AS PART OF THE PROPERTY OUTSIDE OF THE PRIMARY RESIDENCE. UM, SO THIS WOULD NOT BE UNCOMMON TO SEE THIS TYPE OF SETUP. THE, THE SPECIAL REQUEST REALLY IS JUST THIS LITTLE FLIP KITCHEN NET. ALL RIGHT, THANK YOU SIR. AND I'LL ADD ON THAT FIRST POINT, ANY MOTION WE HAVE ALSO RESTRICTS THE PROPERTY THAT SAYS IT CAN'T BE RENTED OUT. SO, SO THE PANEL KNOWS ANY, ANY MOTION WOULD HAVE THAT RESTRICTION. UM, I'M GONNA OPEN IT UP TO QUESTIONS. MS. LAMB, YOU LOOK EAGER. SO YOU'RE FIRST, UM, JUST ONE QUESTION FOR CLARITY AND I I, I'M PRETTY SURE I KNOW THE ANSWER TO THIS, BUT THIS IS NOT METERED SEPARATELY, CORRECT? NOT METERED SEPARATELY? YES. NO, MA'AM. OKAY. UM, ALSO, I JUST WANT TO COMMEND YOU FOR THIS APPLICATION. SOMETIMES WE SEE PEOPLE COME HERE AND WANNA PUT A SECONDARY, SECONDARY STRUCTURE ON THEIR PROPERTY AND THEY WON'T LAY OUT THAT THEY'RE INCLUDING LIKE A KITCHEN OR A A BATHROOM AND THEY COME AND TRY TO, YOU KNOW, NICE. AND I APPRECIATE YOU GOING THROUGH THE PROPER CHANNELS AND LAYING IT OUT CLEARLY AND, UM, DOING DUE DILIGENCE. I THINK THIS IS THE BEST WAY FOR US AS A CITY TO REALLY EMBRACE THESE ADUS. UM, AND SO I JUST APPRECIATE, UH, YOUR APPLICATION MR. FINNEY. YES. UM, YOU DO, WE DO HAVE ONE LETTER OF OPPOSITION AND I'M JUST CURIOUS, DID YOU MAKE ANY EFFORTS TO SPEAK TO THAT NEIGHBOR? I HAVE, YEAH. SO, UM, THE LETTER OF OPPOSITION WAS REALLY IN REFERENCE TO ME AND HAD NOTHING TO DO WITH THIS SPECIFIC REQUEST. AND IT'S JUST, I THINK CONSTRUCTION FATIGUE. UM, THEY LIVE AT A CORNER TO THIS PARTICULAR CONSTRUCTION SITE AND WITHIN THE STREET THERE ARE FIVE OR SIX DIFFERENT CONSTRUCTION PROJECTS THAT HAD ALL STARTED BEFORE OURS. AND I, I JUST, I DON'T WANNA SPEAK FOR ANYBODY, BUT IT FEELS LIKE IT MAY BE MORE CONSTRUCTION FATIGUE, UM, BUT WAS NOT RELATED TO THE SPECIFIC REQUEST. IT'S MORE JUST FRUSTRATION WITH THINGS THAT HAPPENED DURING CONSTRUCTION. AND SO WE BUILT 70 OR SO HOMES THROUGHOUT, YOU KNOW, THE PARK CITIES AND PRESTON HOLLOW AND IT, IT'S A PROCESS AND IT, IT STINKS AND, AND WE ACKNOWLEDGE IT, BUT IT, IT REALLY IS NOT GERMANE TO THE REQUEST. UM, BUT HAVE GONE BACK AND TRIED TO, YOU KNOW, SPEAK MS. CLAY, BUT, BUT IT, IT'S NOT ON A, IT'S NOT A PRODUCTIVE. UM, THANK YOU. YES SIR. ANY ADDITIONAL QUESTIONS FOR THE APPLICANT'S REPRESENTATIVE? ALL RIGHT, THANK YOU MR. CRAIG. IS THERE ANYBODY ELSE TODAY, UH, WHO WOULD LIKE TO SPEAK IN SUPPORT OF THE APPLICATION ON BROOKVIEW DRIVE? NO, THE SPEAKER'S REGISTER. SORRY. ALL RIGHT. ANYONE, UH, THEN WHO WOULD LIKE TO SPEAK IN OPPOSITION TO THE APPLICATION AT BROOKVIEW DRIVE? NO REGISTER SPEAKER THEN AT THIS POINT, UH, DOES ANYONE ON THE PANEL HAVE A MOTION? I WOULD LIKE TO MAKE A MOTION, PLEASE. I MOVE THAT THE BOARD OF ADJUSTMENT REQUEST NUMBER BOA 2 5 0 9 5 ON APPLICATION OF JOHN CRAIG GRANT THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT NOT FOR RENT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY [01:15:01] AFFECT NEIGHBORING PROPERTIES, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT. THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS THAT REQUIRED THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO PREVENT THAT USE OF THE ADDITIONAL BELONG UNIT AS RENTAL ACCOMMODATIONS. IS THERE A SECOND FOR MR. FINNEY'S MOTION? I SECOND THE MOTION THEN ANY DISCUSSION ON MR. FINNEY'S MOTION? AND WE'LL START WITH MR. FINNEY. YEAH. UM, I ECHO MS. LAMB'S COMMENTS, UH, COMMENDING YOU FOR YOUR JUST TRANSPARENCY, UH, INCLUDING ALL THE DETAILS OF YOUR PLANS. I THINK IT CLOSE SHOWS THAT YOU DON'T HAVE ANY SECRET PLANS TO, UH, GO BEHIND THE CITY'S BACK AND START CHARGING RENT. UM, AND, UH, I DO APPRECIATE, EVEN THOUGH IT WASN'T RELATED TO THE SPECIFIC REQUESTS BEING MADE TODAY, THAT YOU DID MAKE AN EFFORT TO TALK WITH THE DISGRUNTLED NEIGHBOR AS UNCOMFORTABLE THAT AS THAT MIGHT HAVE BEEN. UM, BUT IT JUST SHOWS THAT YOU WERE ACTING IN GOOD FAITH AND GIVES ME A REASON TO, UM, GRANT DEP VARIANCE WITH A CLEAR CONSCIENCE. ANY ADDITIONAL COMMENTS ON THE MOTION? UH, MR. CAMPBELL? GREAT PRESENTATION. SORRY FOR THE BRIEF INTERRUPTION. UH, GREAT PRESENTATION. I THINK THIS IS EXACTLY WHAT THE SPIRIT OF THE LAW IS SUPPOSED TO BE ABOUT THESE TYPES OF AUS THANK YOU. DID A GOOD JOB PRESENTING IT TO US AND, UM, THANKS FOR YOUR TIME TODAY. ADDITIONAL COMMENTS, MS. LAMB, I ALSO APPRECIATE THE WAY THAT YOU, UM, HAVE A SHARED DRIVE WITH THE MAIN RESIDENTS. I THINK SOMETIMES WE SEE, YOU KNOW, SOME OF THESE SECONDARY DRIVES OR ALL ACCESS TO WHAT HAVE YOU AND, BUT THAT MIGHT NOT HAVE BEEN AN OPTION HERE, BUT IT REALLY ALIGNS WITH THE SPIRIT OF THE A DU JUST BEING SOMETHING FOR THE ENJOYMENT OF THE AGING PARENTS. UM, AND IT REALLY INDICATES TO US AND GIVES CONFIDENCE IN, IN ME THAT THIS IS TRULY NOT GONNA BE USED FOR ANY NEFARIOUS REASONS OTHER THAN THE INTENT AND, AND WHAT YOU'RE TESTIFYING TODAY. SO THAT'S ANOTHER REASON WHY I, UH, GOING TO BE APPROVING THIS, UH, APPLICATION. AND THEN I JUST WANNA SAY IN CLOSING, ONE OF THE TWO PRONGS WE'RE SUPPOSED TO CONSIDER IS WHETHER THERE'S EVIDENCE THAT THE A DU WILL ADVERSELY AFFECT NEIGHBORING PROPERTIES. I JUST WANNA SAY FOR THE RECORD, I, I CAREFULLY READ THE EMAIL THAT MS. CLAY SUBMITTED. I KNOW, I KNOW EVERYBODY ELSE DID, BUT YOU KNOW, AT THE END OF THE DAY, I AGREE WITH MR. CRAIG THAT REALLY TALKS MORE ABOUT CONSTRUCTION FATIGUE AND IT DOESN'T REALLY GIVE US ANY INDICATION THAT THE A DU WILL BE, UM, WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. SO AT THE END OF THE DAY, I ALSO, UH, SUPPORT MR. FINNEY'S MOTION WITH THAT. MS. WILLIAMS, WOULD YOU PLEASE TAKE A ROLL CALL VOTE ON MR. FINNEY'S MOTION TO GRANT THE APPLICATION. MR. CAMPBELL? AYE MS. LANE? AYE. MR. QUINN? AYE. MR. FINNEY? AYE. MR. CHAIR AYE. MOTION TO GRANT PASSES? 5 2 0. THANK YOU. THANK YOU. ALL RIGHT. ANY ADDITIONAL BUSINESS IF ANYONE WOULD LIKE TO STAY TILL SIX 30, THEY'RE DOING SO AS A VOLUNTEER. I ADJOURN THIS MEETING OF THE BOARD OF ADJUSTMENT PANEL B AT 2:22 PM . * 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.