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GOOD AFTERNOON AND WELCOME TO THE BOARD
[Board of Adjustments: Panel A on March 17, 2026.]
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, MARCH, MARCH 17TH, 2026 ST.
I HAVE MY GREEN, WE ALLOT OF GREEN UP HERE, UH, WITH THE TIME OF 1:00 PM AND I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL A TO ORDER FOR OUR PUBLIC HEARING.
A QUORUM, WHICH IS A MINIMUM OF FOUR OF FIVE OF OUR MEMBERS, UH, IS PRESENT AND THEREFORE WE CAN PROCEED WITH OUR MEETING.
GO AHEAD AND TURN YOUR VIDEOS ON, GUYS.
SO LET ME INTER MAKE INTRODUCTIONS FIRST.
UH, AGAIN, MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT.
TO MY IMMEDIATE LEFT MEMBER KATHLEEN DAVIS, MEMBER RACHEL, RACHEL HAYDEN.
MEMBER, MEMBER MICHAEL DORN AND MEMBER MICHAEL OVITZ.
TO MY RIGHT IS OUR STAFF, UH, AND OFFICERS THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
CAMIKA MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MARY WILLIAMS, THE BOARD SECRETARY AND MEETING MODERATOR.
ALLOW ME TO READ A FEW THINGS IN FOR THE RECORD.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS, UH, 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 RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE OPERATE UNDER THE CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES.
THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT A FAVORABLE ACTION OF THE BOARD.
WE HAVE BEEN FULLY BRIEFED BY OUR STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO OUR PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THIS EVIDENCE WILL RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD.
APPROVAL OF A VARIANCE OR SPECIAL REQUEST OR SPECIAL EXCEPTION REQUIRES 75% OR FOUR OF THE FIVE MEMBERS OF THE PANEL.
ALL THEIR VOTES ARE SIMPLE MAJORITY.
AGAIN, APPROVAL OF A REQUEST REQUIRES FOUR, A MINIMUM OF FOUR, BUT FOUR OR FIVE MEMBERS A DECISION OVER THE BOARD'S.
ACTION TODAY WILL BE EMAILED TO THE APPLICANT BY A BOARD SECRETARY WITHIN TWO DAYS AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
IN ADDITION, WE WILL UPDATE THE BOARD OF ADJUSTMENT WEBSITE PENDING CASE LOG WITH OUR DECISION.
BY THE WAY, THAT'S A NEW ITEM FOR EVERYONE TO KNOW ABOUT IS THAT I'VE ASKED AND THE STAFF HAS AGREED TO NUMBER ONE, UH, SEND A COPY OF THE DECISION LETTER TO THE CITY COUNCIL OFFICE FOR THE DISTRICT WHEN A CASE COMES UP.
SO THERE, THE OFFICE IS INFORMED AND ALSO ON THE BOARD OF ADJUSTMENT WEBSITE WHERE IT SHOWS WHEN THE CASE IS TO BE HEARD IF WE DENIED OR APPROVED OR POSTPONED.
AND I APPRECIATE THAT MS. CAMIKA MILLER HOSKINS, THAT YOU THE STAFF WILL DO THAT KEEPING PEOPLE INFORMED.
UM, A DECISION WE'VE TALKED ABOUT DECISION LENDERS.
UH, ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WHETHER A BOARD SECRETARY EACH REGISTER, REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON AGENDA FOR A MAX THREE, THREE MINUTES.
A SPEAKER MAY ALSO SPEAK WHEN THERE'S SPECIFIC CASES CALLED FOR PUBLIC HEARING WITH 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 DIRECTED TO MYSELF AS THE PRESIDING OFFICER AND I MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
BOARD MEMBERS, LET'S PREVIEW OUR AFTERNOON AGENDA.
UH, WE WILL DO PUBLIC TESTIMONY IN A MINUTE, THEN WE'LL REVIEW AND APPROVE OUR MEETING MINUTES.
UH, THEN WE HAVE TWO ITEMS THAT THE OPINION OF THE PANEL THIS MORNING WAS TO LEAVE ON THE UNCONTESTED DOCKET.
THAT IS DOUGLAS AVENUE AND MONTCLAIR AVENUE.
UM, THEN WE HAVE TWO ITEMS FOR THE INDIVIDUAL CONSIDERATION.
GOOD LATIMER AND MAPLE AVENUE.
QUESTIONS ON THE AGENDA? OKAY.
UH, FIRST UP IS PUBLIC TESTIMONY.
MS. BOARD SECRETARY, DO WE HAVE ANYONE THAT WOULD LIKE TO SPEAK DURING PUBLIC TESTIMONY? NO PUBLIC SPEAKERS REGISTER, SIR.
OKAY, FIRST ITEM UP FOR THE AGENDA IS THE REVIEW AND APPROVAL OF OUR MEETING MINUTES FROM FEBRUARY 17TH.
THE CHAIRMAN ENTERTAIN A MOTION.
I MOVE TO APPROVE THE MEETING MINUTES FROM FEBRUARY 17TH.
IT'S BEEN MOVED TO APPROVE THE MEETING MINUTES FOR PANEL A FROM FEBRUARY 17TH.
BOARD OF ADJUSTMENT IS THERE BY MS. DAVIS.
MR. OVITZ, UH, DISCUSSION IN THE MOTION AS WAS BRIEFED THIS MORNING, THERE DIDN'T SEEM TO BE ANY CHANGES.
EVERYTHING SEEMED TO BE ACCURATE, SO, UH, I'M IN AGREEMENT AS WELL.
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ALL THOSE IN FAVOR PLEASE SAY AYE.SO, UH, MOTION CARRIES FIVE TO ZERO.
MEETING MINUTES ARE APPROVED AS PRESENTED.
UM, NEXT ITEM ON OUR AGENDA IS TO, UH, OUR, OUR UNCON UNCONTESTED DOCKET.
OUR RULES OF PROCEDURE CALL FOR, UM, THE BOARD TO HANDLE UNCONTESTED ITEMS IF THERE IS NO PUBLIC OPPOSITION OR STAFF OPPOSITION OR QUESTIONS THAT INDIVIDUAL BOARD MEMBERS HAVE AFTER THE BRIEFING IN THE MORNING, THERE WERE TWO CASES THAT THE, THE PANEL TENTATIVELY SUGGEST SUGGESTED FOR THE UNCONTESTED DOCUMENT, BO A 2 6 0 0 0 0 4 AND BO A 2 6 0 0 0 0 5, THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BO A TWO SIX DASH 0 0 0 0 0 4 APPLICATION OF JENNIFER HI MOTO, FOR A SPECIAL EXCEPTION TO FENCE HEIGHT REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH HEIGHTENED FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS AS REQUIRED.
BO OA DASH 26 DASH 0 0 0 0 5 APPLICATION OF FRED PENA FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS AS REQUIRED IN THE MATTER OF BO OA 2 6 0 0 0 0 0 4 AND BOA 2 6 0 0 0 0 0 5 MS. HAYDEN HAS MOVED TO GRANT, UH, THEIR INDIVIDUAL REQUEST ON THE UNCONTESTED DOCKET.
IS THERE A SECOND, SECOND, SECOND BY MR. HOKO DISCUSSION ON THE MOTION, MS. HAYDEN? UM, BOTH OF BOTH OF THE APPLICANT'S, UH, MET THE REQUIREMENTS AND THE CRITERIA THAT WE LOOK FOR IN TO GRANT THE A, THE, UH, THE SPECIAL EXCEPTION AND THE VARIANCE.
MR. OVITZ? I HAVE NOTHING TO ADD ANY OTHER DISCUSSION ON THE MOTION.
THE MOTION AND THE FLOOR IS TO GRANT 2 6 0 0 0 0 0 4 AND GRANT 2 6 0 0 0 0 0 5.
THE BOARD SECRETARY WILL CALL THE VOTE MS. DAVIS.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO OA 2 6 0 0 0 0 0 4 AND BO OA 2 6 0 0 0 0 0 5.
THE BOARD HAS GRANTED THE REQUEST FOR SPECIAL EXCEPTION AND VARIANCE RESPECTIVELY.
I ON THE UNANIMOUS VOTE, YOU'LL BE, UH, EMAILED A DECISION LETTER BY OUR BOARD SECRETARY WITHIN TWO DAYS.
OKAY, NEXT ITEM FOR THE BOARD IS AN INDIVIDUAL ITEM.
UH, IT'S GONNA BE BOA 2 5 0 0 0 0 9 6.
VLADIMIR, UH, IS THE APPLICANT HERE PLEASE COME FORWARD.
UM, MS. BOARD SECRETARY, FIRST QUESTION IS, HOW MANY SPEAKERS DO WE HAVE FOR 4 0 9 6 2 IN FAVOR AND AGAINST, UH, THE APPLICANTS TWO APPLICANTS.
HAVE YOU FILLED, UM, HAVE YOU FILLED OUT YOUR BLUE SLIP SLIP FORM? YES, SIR, I HAVE.
AND HAS THE OTHER SPEAKER FILLED THAT OUT AS WELL? SO, YES, SIR.
ARE MS. WILLIAMS HAS IT? VERY GOOD.
OUR RULES OR PROCEDURE SAY THAT THE APPLICANT'S GIVEN FIVE MINUTES TO PRESENT.
ANYONE ELSE IN FAVOR GETS TO SPEAK FIVE MINUTES AND THEN YOU, YOU ACTUALLY GET A FIVE MINUTE REBUTTAL.
SO, UM, I'LL LET YOU SPEAK AS LONG AS YOU NEED TO, UM, JUST AS LONG AS YOU'RE NOT REDUNDANT.
OH, FIRST OF ALL, GIVE US YOUR NAME AND ADDRESS, THEN SHE'LL SWEAR YOU IN.
MY NAME IS PATRICK HUNT, UH, 3,100 MONTICELLO AVENUE, SUITE 900 DALLAS, TEXAS.
UM, I SAY AGAIN, SAY AGAIN, YOUR NAME? PATRICK HUNT.
MR. HUNT, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
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PROCEED.UM, I'D LIKE TO SUBMIT WE HAVE SEVEN LETTERS OF SUPPORT FROM OUR IMMEDIATE NEIGHBORS.
I KNOW THAT I THINK SOME OF THEM WERE SUBMITTED TODAY, BUT THANK YOU.
UM, THEY MAY BE QUITE HONESTLY THESE THAT WE HAVE HERE.
I KNOW A COUPLE OF 'EM CAME LAST MINUTE, SO, WELL, WE GOT, WE GOT THEM AFTER THE FACT.
BUT I THINK WE HAVE THEM, BUT HE'S GONNA BRING 'EM UP TO ME AND I'LL PUT 'EM IN IN THIS PACKAGE HERE AS WELL.
UM, SO MY NAME IS PATRICK HUNT.
I'M ONE OF THE OWNERS OF, UH, 6 0 6 NORTH GOOD LATIMER, ALONG WITH MY BUSINESS PARTNER COLIN FINNEGAN, ALSO AN OWNER.
AND HE MAY BE SPEAKING OR ANSWERING QUESTIONS AS WELL.
UM, I'M GOING TO, I GUESS BRIEFLY GO THROUGH THE SLIDESHOW IF WE COULD PLEASE, UM, IF YOU WOULD MOVE TO THE SECOND PHOTO.
UM, SO THIS IS JUST A AERIAL RENDERING WE'VE, UH, KIND OF PUT THE PROPOSED FENCE IN JUST TO GIVE A LITTLE BIT OF A INDICATION OF WHAT THAT WOULD LOOK LIKE.
UM, IF YOU COULD MOVE TO THE NEXT SLIDE, PLEASE.
UM, SO THE REQUEST IS FOR SPECIAL EXCEPTIONS TO PERMIT AN 80% OPEN PERIMETER FENCE TO ENCROACH INTO THE VISIBILITY TRIANGLES.
WE HAVE TWO DRIVEWAYS, UH, ON SWISS AVENUE AND A DRIVEWAY ON NORTH.
AND WE'RE AT THE CORNER, SO WE HAVE THE INTERSECTION VISIBILITY TRIANGLE AS WELL.
UH, IF WE COULD MOVE TO THE NEXT SLIDE, PLEASE.
SO, UH, JUST BY WAY OF A LITTLE BIT OF BACKGROUND, UH, WE PURCHASED THIS PROPERTY IN OCTOBER OF LAST YEAR.
UH, AND WE'RE IN THE PROCESS OF, UH, YOU KNOW, REHABILITATING THE EXISTING BUILDING TO, UH, PLAINTIFFS TO LEASE IT OUT TO AN OFFICE SHOWROOM WAREHOUSE TENANT.
UM, THE, UH, BUILDING'S BEEN VACANT FOR SEVERAL YEARS.
UM, IT WAS MOST RECENTLY, UH, OCCUPIED BY A-H-V-A-C COMPANY, OFFICE SHOW, AND WAREHOUSE USE.
UM, SO THE REASONS FOR REQUESTING A PERIMETER FENCE, UH, YOU, THE PROPERTY HAS EXPERIENCED, UH, SEVERAL ISSUES OF, UH, TRESPASSING AND VANDALISM, UM, GRAFFITI.
UH, THERE'S UNAUTHORIZED PARKING OPERATIONS, UH, ON THE WEEKENDS AND UNAUTHORIZED COMMERCIAL ACTIVITY.
SO WE'VE BEEN, UH, YOU KNOW, TRYING TO MITIGATE THAT AS BEST AS WE CAN.
WE'RE PRETTY MUCH AT THE SIDE EVERY MORNING PICKING UP TRASH, UM, AND TELLING PEOPLE, YOU KNOW, THEY CAN'T CAMP OUT ON SITE, ET CETERA.
UH, TRYING TO CLEAN UP GRAFFITI PROMPTLY.
UM, BUT WITHOUT FENCE, THESE ISSUES ARE PRETTY HARD TO CONTAIN.
UM, THE, YOU KNOW, I WOULD JUST SAY A CONTROLLED ACCESS IS NECESSARY TO SECURE THE BUILDING YARD AND THE PEDESTRIAN INTERFACE.
UM, IF WE COULD MOVE TO THE NEXT SLIDE, PLEASE.
UH, THESE ARE JUST SOME IMAGES HIGHLIGHTING SOME OF THE EXISTING SITE CONDITIONS, UH, SUPPORTING THE PERIMETER FENCE, GRAFFITI AND PARKING OPERATIONS, UH, ENCAMPMENTS, ET CETERA.
UH, IF WE COULD MOVE TO THE NEXT SLIDE, PLEASE.
SO, THE REASON THAT WE'RE REQUESTING THE SPECIAL EXCEPTIONS TO THE VISIBILITY TRIANGLES THEMSELVES, UM, YOU KNOW, WHAT WE'RE TRYING TO AVOID IS A STEP BACK FENCE THAT WOULD CREATE AN UNSECURED TRIANGLE GAP DIRECTLY ADJACENT TO THE SIDEWALK.
UH, WE ARE ACROSS FROM THE DART DEEP EL LIGHT RAIL STATION, SO THERE IS PEDESTRIAN TRAFFIC.
UH, OUR DIRECT NEIGHBOR TO THE EAST IS A DIALYSIS CLINIC.
SO YOU HAVE PATIENTS THAT WILL USE PUBLIC TRANSPORTATION, COME ALONG THE SIDEWALKS AND, UH, YOU KNOW, OFTEN HAVE AMBULATORY ISSUES TO GO TO THE CLINIC.
THAT PLACE IS OPEN FROM 5:00 AM UNTIL 9:00 PM DAILY.
SO OFTEN, YOU KNOW, AFTER HOURS OR AFTER, UH, UH, AT, AT DARK WHEN IT'S NOT LIGHT OUTSIDE.
UM, SO DISCONTINUOUS FENCING INTRODUCES RECESSED VOIDS BASES, WHICH COULD BE PRONE TO CONCEALMENT.
UH, THE PERIMETER CONTINUITY ELIMINATES THESE GAPS WHILE PRESERVING OPEN SITE LINES.
UH, OUR FENCE IS PROPOSED FENCE IS 80% TRANSPARENT, UM, SO IT MAINTAINS VISIBILITY WHILE ALLOWING FULL BOUNDARY CONTROL.
IF WE COULD MOVE TO THE NEXT SLIDE, PLEASE.
I KNOW THAT Y'ALL, UH, SAW THE SITE PLAN THIS MORNING, BUT I'LL JUST BRIEFLY GO OVER IT.
UH, THE PROPOSED FENCE IS, UH, HIGHLIGHTED IN GREEN.
UH, THE CURB LINE IS THE YELLOW LINE, UM, AND OUR VISIBILITY TRIANGLES, UH, WE'RE, WE'RE SHOWING THE 20 BY TWENTIES AT THE DRIVEWAYS ARE, UH, KIND OF IN, IN PURP OR IN RED, EXCUSE ME.
AND THE CORNER INTERSECTION 45 BY 45, UH, IS IN PURPLE.
UH, WE CAN MOVE TO THE NEXT SLIDE.
THIS IS THE FENCE ELEVATION ITSELF.
UH, THE FENCE IS, IT'S A SIX FOOT, UH, BLACK METAL, 80% OPEN PICKET FENCE, VERY CONSISTENT
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WITH WHAT'S IN THE NEIGHBORHOOD.UM, THE GATES ARE SLIDING GATES, SO, UM, THEY'RE THE SAME OPEN PICKET FENCE DESIGNED AS, AS THE, AS THE FENCE AND MAINTAIN VISIBILITY, WHETHER OPEN OR CLOSED, AND THEY ARE, UH, SLIDING GATES SO THEY WOULDN'T SWING INTO TRAFFIC OR ANYTHING LIKE THAT.
THESE ARE JUST, UH, ADDITIONAL RENDERINGS SHOWING WHAT THE PROPOSED FENCE WOULD LOOK LIKE.
UM, THIS IS, UH, AN IMAGE SHOWING WHAT IT WOULD LOOK LIKE FROM GOOD LATIMER.
WE CAN MOVE TO THE NEXT PLEASE.
UH, THIS IS WHAT IT WOULD LOOK LIKE FROM SWISS AVENUE.
THIS IS, UH, KIND OF THE CORNER.
AS YOU CAN SEE, UH, GOOD LATIMER.
UH, GOOD LATIMER IS ONE WAY TRAFFIC.
UM, THE, THE, UH, AT SOME POINT IN THE PAST, UH, THE CORNER WAS DEDICATED AS RIGHT OF WAY.
SO IT ALREADY ADHERES TO A 30 BY 30 VISIBILITY TRIANGLE, UH, WITH AMPLE KIND OF, UH, SITE LINES AND, UH, SPACE FOR PEDESTRIANS.
UM, IF WE CAN MOVE TO THE NEXT SLIDE, PLEASE.
SO, WE COMMISSIONED TWO INDEPENDENT, UM, TRAFFIC ENGINEERING STUDIES.
UH, THIS IS THE FINDINGS OF THE FIRST ONE, UH, LLOYD DENIM.
UH, THE SITE VISIT CONDUCTED TO EVALUATE THE 20 DRIVEWAY AND 45 INTERSECTION TRIANGLES.
UH, THE INTERSECTION IS SIGNAL CONTROLLED SLOW SPEED T CONFIGURATION.
NORTHGATE LATIMER OPERATES ONE WAY VEHICLES APPROACH FROM THE LEFT ONLY, UH, THE CROSSWALK AND SIDEWALK ALIGNMENT MAIN MAINTAIN PEDESTRIAN VISIBILITY.
UH, THE ENCROACHMENTS ARE MINIMAL AND DO NOT MATERIALLY IMPACT INTERSECTION OR DRIVEWAY VISIBILITY.
IF YOU COULD MOVE TO THE NEXT ONE, PLEASE.
UH, THE SECOND STUDY, UH, WAS A FOLLOW ON.
UH, SCOTT JOHNSON AT KIMLEY HORN, UH, HAD DONE A TRAFFIC IMPACT ANALYSIS, UH, ABOUT THREE YEARS AGO FOR A PROPOSED MULTI-FAMILY PROJECT AT THE SITE.
UM, AND WE HAD HIM, UH, FOLLOW UP AND REVIEW OUR PROPOSED FENCE TO GIVE US, UH, HIS PROFESSIONAL OPINION.
UM, HIS STUDY CONCLUDED THAT THE INTERSECTION AND SURROUNDING NETWORK CAN ACCOMMODATE SIGNIFICANTLY HIGHER VEHICLE AND PEDESTRIAN VOLUMES.
UH, THE CURRENT PROPOSAL REACTIVATES EXISTING 22,000 SQUARE FOOT BUILDING SUBSTANTIALLY LESS TRAFFIC THAN PREVIOUSLY STUDIED.
THE PROPOSED 80% OPEN ROD IRON FENCE IS NOT A NOTABLE VISIBILITY OBSTRUCTION AND THE FENCE DOES NOT CONSTITUTE A TRAFFIC HAZARD.
AND A SPECIAL EXCEPTION WAS RECOMMENDED.
IF YOU COULD MOVE TO THE NEXT PLEASE.
THIS IS JUST KIND OF THE UNIVER UNIFIED, UH, CONCLUSION OF BOTH INDEPENDENT ENGINEERS.
UH, THE PROPOSED FENCE WILL NOT CONSTITUTE A TRAFFIC HAZARD.
80% OPEN DESIGN PROVIDES SUBSTANTIAL SEE-THROUGH VISIBILITY.
UH, THE ENCROACHMENTS INTO THE VISIBILITY TRIANGLES ARE SLIGHT, UH, THE SIGNAL CONTROL AND ONE-WAY OPERATION REDUCE VEHICLE CONFLICT POINTS.
UH, PEDESTRIAN VISIBILITY REMAINS AMPLE AND SPECIAL EXCEPTION IS RECOMMENDED.
IF YOU COULD MOVE TO THE NEXT SLIDE, PLEASE.
UM, SO YEAH, THIS IS REALLY OUR REQUEST FOR APPROVAL.
UM, YOU KNOW, THE PROPOSED FENCE DOES NOT CHANGE THE EXISTING SITE LAYOUT, DRIVEWAYS, CIRCULATION, OR MANEUVERABILITY.
THEY ALL REMAIN AS THEY FUNCTION TODAY.
IT'S AN O 80% OPEN METAL PERIMETER FENCE, UH, WITH MINIMAL ENCROACHMENTS IN THE VISIBILITY TRIANGLES.
UH, THAT INDEPENDENT ENGINEERS CONCLUDED THAT NO TRAFFIC OR PEDESTRIAN, UH, HAZARD, UM, IT'S NECESSARY TO SECURE AND RESPONSIBLY REACTIVATE THE EXISTING BUILDING.
AND WE HAVE, UH, SUPPORT FROM OUR NEIGHBORS, INCLUDING DART, UH, THE MEADOWS FOUNDATION, WHO'S THE BIGGEST LANDLORD IN THE AREA.
THEY OWN 20 ACRES, SEVERAL BUILDINGS, AND THEY'RE ALSO AN ADJACENT PROPERTY OWNER.
UH, AND THE LATINO CULTURAL CENTER, UH, CITY OF DALLAS ALSO, UM, GAVE US A LETTER OF SUPPORT.
SO THEY'RE ALL VERY, UH, SUPPORTIVE OF WHAT WE'RE TRYING TO DO AND WE RESPECTFULLY REQUEST APPROVAL OF ALL SPECIAL EXCEPTIONS AS PRESENTED.
UM, WITH THAT, I I THANK YOU AND OPEN IT UP TO QUESTIONS THAT YOU MAY HAVE.
I'M, YOU MENTIONED THAT, UM, SEVERAL PEOPLE THAT HAD SUPPORTED YOU AND SO I'M LOOKING AT THE LETTERS WE RECEIVED PLUS THE ADDITIONAL ONES YOU, YOU GAVE US.
UM, I'M GONNA PUT THIS BACK IN HERE.
UM, WHO'S THE OTHER GENTLEMAN THAT'S GONNA BE SPEAKING? IS HE SPEAKING IN ADDITION TO YOU OR HE, HE'S AVAILABLE TO ANSWER QUESTIONS AS WELL.
UH, COLIN FINNEGAN, MY BUSINESS PARTNER.
UM, I'M JUST TRYING TO, TO DETERMINE QUESTIONS.
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GONNA LET MR. FINNEGAN COME UP AND SPEAK AND THEN WE'LL HAVE QUESTIONS.THAT WE, WE MAY HAVE SOME QUESTIONS ON SOME OF THE POWERPOINT YOU HAVE AS WELL.
IF YOU GIVE US YOUR NAME AND ADDRESS, THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.
I'M CULLEN FINNEGAN AT 3,100 MONTICELLO DRIVE, SUITE 900, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
WELL, I FEEL LIKE PATRICK COVERED A LOT OF OUR REQUESTS TODAY.
UM, YOU KNOW, WE REALLY, IN THIS PROCESS, WE'VE REALLY TAKEN IT SERIOUSLY AND WE MET WITH ALL OF OUR NEIGHBORS AND WE ACTUALLY CAME TO THE FEBRUARY HEARING TO HEAR WHAT THIS WOULD BE LIKE, HOW IT GOES.
WE REALLY WANTED TO DO IT RIGHT.
AND, YOU KNOW, OUR NEIGHBORHOOD, 80% OF THE TENANTS IN OUR NEIGHBORHOOD ARE NONPROFIT AND WE GOT TO MEET WITH THEM AND TALK TO 'EM.
UM, AFTER ENGAGING WITH THEM, WE GOT TO HEAR THAT THEY EXPERIENCED A LOT OF THE SAME PROBLEMS THAT WE HAVE WITH THE ILLEGAL PARKING GRAFFITI ENCAMPMENTS.
SO THEY'RE VERY SUPPORTIVE AND UNDERSTANDING OF WHAT WE'RE GOING THROUGH.
UM, AND, YOU KNOW, IN OUR PRESENTATION TO 'EM, WE BROUGHT 'EM PRESENTATIONS AND WE BROUGHT 'EM OUR SITE PLANS TO SHOW 'EM, HERE ARE THE VISIBILITY TRIANGLES, HERE ARE THE SPECIAL EXEMPTIONS OR EXCEPTIONS THAT WE'RE ASKING FOR.
AND THEY LOOKED AT THAT AND THOUGHT IT, WHEN IT CONSTITUTE A TRAFFIC HAZARD AND THEY TOOK INTO CONSIDERATION, THEY'RE IN THE NEIGHBORHOOD, THEY UNDERSTAND THAT GOOD LAMER IS ONE WAY.
THEY UNDERSTAND THAT GOOD SWISS ENDS THERE 'CAUSE OF THE DART, IT CAN'T CONTINUE ON.
SO IT'S SLOW MOVING TRAFFIC THERE AND THERE'S A SIGNALED INTERSECTION.
UM, ULTIMATELY WE WANNA BE AN ATTRIBUTE TO THE COMMUNITY AT OUR PROPERTY.
RIGHT NOW IT'S KIND OF A DANGEROUS PLACE.
IT DOESN'T LOOK GOOD, IT HASN'T LOOKED GOOD.
I GO THERE EVERY MORNING PRETTY MUCH BEFORE WORK AND PICK UP TRASH, PICK UP BROKEN GLASS, GET PEOPLE TO MOVE ALONG.
AND, YOU KNOW, WHILE I DO THAT, I GET TO MEET THE D DART RIDERS.
I GET TO MEET THE NEIGHBORS AND THEY ALWAYS ASK ME, WHAT'S IT GONNA BE? WHAT ARE YOU DOING? AND, YOU KNOW, I TELL THEM ABOUT THE BOA SIGNS AND WHAT OUR PLAN IS FOR THE PROPERTY, HOW WE WANNA MAKE IT BETTER, HOW WE WANT TO BE PART.
I MEAN, SWISS AVENUE IS A HISTORIC NEIGHBORHOOD WITH ALL THESE COOL BUILDINGS.
IT'S LIKE ONE DAY MOST HIDDEN IMPRESSIVE NEIGHBORHOODS IN THE CORE OF DALLAS.
I FEEL LIKE NOT MANY PEOPLE GO OVER THERE, BUT WE HAVE COMMUNITY GARDENS, WE HAVE A LOT OF PROPERTIES.
I THINK ON PAGE 59 OF THE DOCKET, WE INCLUDED ALL THE FENCES IN THE AREA.
IT'S VERY COMMON, BUT IT'S NOT SOMETHING THAT WE SEE LIKE NECESSARILY, LIKE, IT'S MAINLY FOR AFTER HOURS ACTIVITY AND TRAFFIC.
AND THAT'S WHAT WE'RE TRYING TO DO IS JUST SECURE THE PROPERTY, MAKE IT LOOK GOOD, KEEP IT FROM BEING GRAFFITIED.
WE PAINT OVER THE GRAFFITI AS QUICKLY AS WE CAN, BUT IT KEEPS COMING BACK.
WE MOVE PEOPLE ALONG AS QUICKLY AS WE CAN, BUT THEY KEEP COMING BACK.
AND WE'VE REACHED OUT TO 3 1 1.
WE'VE REACHED OUT TO A LOT OF PEOPLE.
THE MEADOWS FOUNDATION HAS ONSITE SECURITY AND THEY EVEN KEEP AN EYE OUT FOR US, BUT IT, IT JUST HASN'T SUFFICED.
AND SO, UM, I HOPE YOU CONSIDER OUR SITE PLAN AND WHAT WE'RE TRYING TO DO AND, UH, APPRECIATE YOUR TIME TODAY.
SO, UM, APPRECIATE BOTH YOUR COMMENTS.
JUST HANG LOOSE RIGHT THERE 'CAUSE QUESTIONS ARE COMING.
UM, QUESTIONS FOR THE APPLICANT, MS. HAYDEN.
SO YOU MAY HAVE HEARD THIS EARLIER IN THE BRIEFING, BUT, UM, MY QUESTION IS, IT'S A PRETTY SMALL PARKING LOT AND IT'S INTERESTING THAT YOU HAVE THREE GATES FOR SUCH A SMALL PARKING LOT.
WHY? WHY IS THAT? WE'RE BASICALLY, WE'RE NOT TRYING TO, YOU KNOW, ADD A NEW DRIVEWAY OR CHANGE THE CONFIGURATION OF THE SITE.
IT'S JUST TO ALLOW, UH, GATES AT THE EXISTING DRIVEWAYS.
SO IT'S JUST BASED ON WHERE THE DRIVEWAYS CURRENTLY ARE? YES, MA'AM.
YOU JUST DECIDED TO PUT A GATE THERE? YES, MA'AM.
OTHER QUESTIONS? MR. DORN, EITHER OF YOU COULD TAKE THIS QUESTION.
WOULD, WOULD, IS THERE ANY CONSIDERATION GIVEN THE, UH, EGRESS ABILITY ON ONE OF THE SWISS AVENUE TO JUST CLOSE THAT OFF ENTIRELY WITHOUT A OPENING? UM, I, GO AHEAD.
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UM, REALLY HAS LIKE NO TRAFFIC.LATIMER HAS A LITTLE BIT MORE, THEY BOTH DON'T HAVE THAT MUCH, BUT SWISS AVENUE TO ME SEEMS LIKE JUST YOU HAVE A CONTROLLED INTERSECTION RIGHT THERE IF YOU'RE COMING OUT OF THE PROPERTY.
SO IT, TO ME, IT, IT SEEMS, AND YOU COULD GO LEFT INSTEAD OF JUST GOING ONE WAY, UM, HEADING OUT ON GOOD LATIMER.
SO HAVING ACCESS ON SWISS AVENUE, I JUST, I LIKE IT MORE, ESPECIALLY IF YOU'RE A BOX TRUCK OR SOMETHING SWINGING INTO GOOD LATIMER, YOU MIGHT HAVE TO TAKE UP TWO LANES POTENTIALLY.
UM, SWISS AVENUE JUST IS WIDE OPEN STREET AND IT'S KINDA LIKE A FOUR LANE STREET.
THE ONE, UH, THE ONE SWISS AVENUE, BUT THERE'S THAT SECOND MR. DORN A LITTLE BIT CLOSER TO YOUR MICROPHONE.
I UNDERSTAND THE ONE SWISS AVENUE.
BUT THE SECOND ONE, THERE'S NO ROOM TO MANEUVER A VEHICLE.
AND SO WE THINK FOR FUTURE USE, OR DO YOU WANT TO TAKE THIS, UM, THAT SECOND ACCESS? YOU KNOW, I THINK IT, IT COULD BE LIKE A SHIPPING RECEIVING, IT COULD BE FOR, IF YOU HAD TO STORE SOMETHING FOR A SHORT AMOUNT OF TIME, LIKE A PALLET TRUCK OR SOMETHING LIKE THAT, YOU COULD GET A FORKLIFT THROUGH THERE.
UM, AND IT'S A CURB CUT THAT WE ALREADY HAVE.
UM, YOU KNOW, I THINK THE MAIN REASON FOR THE FENCE ALONG THERE WAS 'CAUSE OF ADVERTISING AND GRAFFITI THAT WE SEE A LOT THERE.
UM, BUT IT'S TO MAINLY HAVE THE OPTIONALITY OF ACCESSING THAT SIDE OF THE BUILDING AND NOT NECESSARILY FOR JUST PARKING.
AND IT'S JUST AN EXISTING SITE CONDITION.
SO I MEAN, IT'S, WE'RE NOT PROPOSING TO CHANGE, YOU KNOW, OR ADD A DRIVEWAY OR ANYTHING LIKE THAT.
I THINK, UM, UH, LIKE COHEN WAS SAYING, IT JUST, WE THINK SWISS AVENUE BEING LOWER TRAFFIC AND THE FACT THAT, YOU KNOW, OFF SHOW AND WAREHOUSE SPACE, UM, YOU KNOW, THAT'LL ENABLE US TO HAVE BETTER MANEUVERABILITY FOR SHIPPING AND RECEIVING.
SO I, I'LL, I'M GONNA, I'M NOT GONNA ASK A QUESTION.
I'M GONNA MAKE A STATEMENT THEN WE'LL CONTINUE WITH QUESTIONS.
OUR CRITERIA IS SOLELY THE FOLLOWING EIGHT WORDS.
THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD.
THAT'S, THAT'S OUR CRITERIA START TO FINISH.
SO EVERY, THE QUESTIONS WE ASK, THE INFORMATION WE GET, YOUR ANSWERS ARE GEARED AGAINST THE SPECIAL EXCEPTIONAL, NOT CONSTITUTED TRAFFIC HAZARD.
NUMBER TWO, AND I SAY THIS FOR EVERYONE'S CONSUMPTION, OUR ROLE IS TO LOOK AT LAND USE AND TAKE THE LAND USE THAT YOU HAVE BY RIGHT.
AND IF THERE'S SOMETHING MORE THAN WHAT YOU AS A PROPERTY OWNER HAVE, RIGHT, THAT YOU WANT IS TO JUDGE THAT LAND USE.
WE HAVE TO LOOK BEYOND YOUR TENANT.
WE HAVE TO LOOK BEYOND YOU AS OWNERS.
WE HAVE TO LOOK AT THE PROPERTY.
AND SOMETIMES IT'S CHALLENGING.
SO I HAVE TO ALMOST KIND OF DO IT LIKE THIS AND SAY, OKAY, IT'S GREAT THAT YOU CAME TO THE LAST THING.
I REMEMBER YOU IN THE AUDIENCE.
IT'S GREAT THAT YOU DO YOUR HOMEWORK.
BUT OUR CRITERIA IS, WILL NOT CREATE A TRAFFIC HAZARD.
AND WE HAVE TO LOOK AT LAND USE.
SO THE QUESTIONS YOU'VE HEARD THUS FAR, THE QUESTIONS YOU WILL CONTINUE TO HEAR ARE, HMM, THE PROPERTY, THE EGRESS AND INGRESS, THE STREETS THAT SURROUND THE AREA, SWISS AND GOOD LATIMER AND ONE OPENING, TWO OPENING THROUGH OPENING THE THE CORNER.
UM, THAT'S WHAT WE'RE LOOKING AT.
AND WE HAVE TO LOOK, BE AS HARD AS IT IS, WE HAVE TO LOOK BEYOND THE GREAT PRESENTATION AND YOUR INTENDED USE AND YOU WANT TO SECURE THE PROPERTY.
WE SAW PICTURES, THE STAFF BRIEFING THIS MORNING OF HOMELESS AND OTHER THINGS IN IT, AND GRAFFITI, AND THIS IS GREAT THAT YOU'RE CLEANING IT UP, BUT WE HAVE TO THINK OF, DOES THIS MAKE SENSE BASED ON THERE? I'M, I'M NOT LECTURING, I'M JUST REINFORCING FOR YOUR BENEFIT AS WELL AS FOR THE BOARD'S BENEFIT.
THAT'S WHERE WE FOCUS QUESTIONS.
I'VE GOT MS. HAYDEN, THEN MR. OVITZ.
UM, MR. THOMPSON, ARE YOU DOING THE POWERPOINT? COULD YOU PULL THEIR, THEIR PRESENTATION BACK UP? I WANNA LOOK AT THE SLIDE THAT SHOWS, I THINK IT'S A RENDERING OF WHAT THE FENCE WOULD LOOK LIKE ON BOTH SIDES.
JUST JUST TO GET A FEEL FOR HOW, WHAT THE VISIBILITY LOOKS LIKE.
[00:30:01]
IT'S NOT THIS ONE, IT'S ONE THAT SHOWS IT'S MORE IT GROUND LEVEL AND IT SHOWS KIND OF A RENDERING OF THE FENCE ON, OH, THERE WE GO.CAN, YEAH, CAN YOU ZOOM IN A LITTLE BIT THERE? YEAH, THERE ARE THREE OF THOSE.
YEAH, THAT ONE AND THEN THAT ONE.
THERE WAS ANOTHER ONE AND THAT ONE.
UH, SO YEAH, I'M LOOKING AT THE FENCE.
AND IF I MAY, UM, YEAH, SO WITH RESPECT TO, UH, THE FENCE AND WHETHER IT WOULD BE A TRAFFIC HAZARD, YOU KNOW, WHAT WE'VE DONE IS USE THE MOST TRANSPARENT FENCE THAT WE COULD DO.
SO IT'S 80% OPEN, UH, IT'S SIX FOOT, IT'S VERY MUCH KIND OF CONSISTENT WITH WHAT'S IN THE AREA.
UM, AND THAT'S WHY, YOU KNOW, AT THE END OF THE DAY, WE'RE NOT TRAFFIC ENGINEERS.
SO WE COMMISSIONED THOSE TWO STUDIES JUST TO FIND OUT WHAT DO THE EXPERTS THINK.
AND THEY BOTH CAME BACK AND SAID IT DOES NOT CONSTITUTE A TRAFFIC HAZARD.
UM, AND, UH, YOU KNOW, SCOTT JOHNSON AT KIMLEY HORNE HAD DONE A, A TRAFFIC IMPACT ANALYSIS ON THE SITE, UM, SEVERAL YEARS BEFORE TO EVALUATE A MUCH MORE INTENSIVE USE AND SAID THAT, YOU KNOW, THE SITE COULD HANDLE HIGHER PEDESTRIAN VOLUME, HIGHER TRAFFIC VOLUME WASN'T GONNA BE AN ISSUE.
UM, WE DID VISIT WITH THE CITY TRAFFIC ENGINEER, HE DIDN'T HAVE ANY ISSUES WITH THE DRIVEWAY, UM, UH, VISIBILITY OBSTRUCTIONS.
AND HIS UH, COMMENT WAS THAT HE WAS, UH, WILLING TO APPROVE IT, PROVIDED THAT WE, UM, HAD A, MET A 30 BY 30 VISIBILITY TRIANGLE AT THE CORNER, WHICH WE DO QUESTIONS FOR THE APPLICANT.
MR. HAITZ, UM, ARE YOU PLANNING ON HAVING, UM, ANY, UH, TRUCK ACTIVITY WHERE THEY'RE BACKING INTO YOUR FACILITY? WE DO HAVE A LOADING DOCK.
UM, I DON'T, IT, IT'S NOT GONNA BE 18 WHEELERS, IT JUST WON'T FUNCTION FOR IT.
SO WE'RE PROBABLY BOX TRUCKS, YOU KNOW, SMALLER TRUCKS, THAT KIND OF STUFF.
COLIN, YOU WANT TO COMMENT ON THAT? YEAH, SO IN THE, UM, THERE'S AN ALLEYWAY AND WE HAVE A BIG, UM, ROLL UP, 16 FOOT OVERSIZED ROLL UP DOOR IN OUR ALLEY.
AND, UM, WHICH VEHICLES CAN GO IN AND, AND OUT OF TRUCKS CAN GO IN AND OUT OF, AND THAT'S ON THE LARGER PORTION, THE TALLER PART OF THE BUILDING.
AND SO WE REALLY THINK THAT'S GONNA BE UTILIZED THE MOST FOR ANY TYPE OF SHIPPING OR RECEIVING.
WERE WHERE TRUCKS ARE DRIVING INTO THE BUILDING YOU'RE SAYING? OR THEY'RE JUST PULLING UP TO THEY POTENTIALLY COULD, BUT THEY COULD PULL IN THE ALLEY AS WELL.
UM, BUT YOU COULD HAVE TRUCKS THAT ARE, THAT ARE BACKING IN TO THE DRIVE TO THE, TO THE PARKING AREA.
IT'S AT THE END OF THE DAY, I DON'T THINK SO BECAUSE I THINK WHOEVER'S GONNA BE THE, THE TENANT FOR THIS IS GONNA UNDERSTAND, YOU KNOW, IF THEY WANT TO USE A FULL ON INDUSTRIAL SITE, WE'RE PROBABLY NOT THE ONE FOR THEM.
I DON'T ANTICIPATE THIS IS GONNA BE, YOU KNOW, HEAVY SHIPPING AND RECEIVING.
I THINK THERE COULD BE, YOU KNOW, LOADS FROM TIME TO TIME.
I DON'T ANTICIPATE THAT ON A DAILY BASIS AT ALL.
IT'S JUST, THERE'S BETTER GONNA BE CHEAPER OPTIONS FOR THAT TYPE OF TENANT.
UM, SO IT'S NOT SOMETHING THAT WE REALLY ANTICIPATE EVER BEING A PROBLEM, BUT, BUT YOU DON'T, YOU, SINCE YOU DON'T KNOW WHO THE TENANT'S GONNA BE OR, OR FUTURE TENANTS DOWN THE ROAD, YOU REALLY CAN'T SAY WHETHER TRUCKS WOULD BE BACKING IN OR NOT, WHICH WOULD REQUIRE THEM TO FORCE PULL ACROSS, I PRESUME GOOD LATIMER AND BACK IN BECAUSE NO, I, I I DON'T ANTICIPATE IT.
JUST BECAUSE YOU HAVE ACCESSIBILITY OFF SWISS AVENUE, THERE WOULDN'T BE A NEED FOR THEM TO NECESSARILY DO THAT.
I, I DON'T, FOR SHIPPING AND RECEIVING, I WOULDN'T SEE THE TRUCKS ATTEMPTING GOOD LATIMER YOU WITH SWISS AVENUE AND WITH SWISS AVENUE BEING SLOWER, I MEAN, IF THERE WAS SHIPPING AND RECEIVING POTENTIALLY AT THIS SITE, I DON'T, YOU COULD BACK A TRUCK IN THERE.
UM, AND I THINK YOU COULD MAKE THAT WORK.
WELL IF YOU'RE, IF YOU'RE LOADING THINGS ONTO THE TRUCK FROM A LOADING DOCK, I PRESUME IT'S AN ELEVATED LOADING DOCK THAT PRESUMABLY THE TRUCK WOULD ALMOST HAVE TO BE BACKING UP TO IT TO MOVE THE STUFF INTO.
SO YOU COULD BACK A TRUCK IN THERE FROM SWISS AVENUE.
AND SO WHEN THEY'RE DOING THAT, THEY'D BE HAVING TO DO THAT IN, ON SWISS AVENUE MAKING A A, A TURN
[00:35:01]
TO BACK IN WITH OR WITHOUT THE FENCE.UM, I'M, I'M CURIOUS, UH, FENCES AREN'T CHEAP AND, UH, ELECTRONIC GATES ARE, ARE EVEN MORE EXPENSIVE THAN JUST A FENCE, RIGHT? SO I I I'M, I'M CURIOUS ABOUT YOUR COMMENT THAT YOU'RE, THAT YOU'RE GOING TO PUT IN THREE AUTOMATIC FENCES, BASICALLY ACCORDING TO KIND OF WHAT YOU SAID FOR AESTHETICS BECAUSE THERE'S ALREADY A, A DRIVEWAY CUTOUT THERE.
NOT BECAUSE YOU NEED TO HAVE ANOTHER ENTRANCE OR EXIT THERE.
I'M, I'M, I'M CURIOUS WHY YOU WOULD SPEND THE EXTRA MONEY ON ELECTRONIC GATES FOR DRIVEWAYS THAT YOU DON'T INTEND TO USE FOR ANY VEHICULAR TRAFFIC.
UM, YOU KNOW, THAT'S JUST PART OF WHAT WE THINK MAXIMIZES THE POTENTIAL OF THE BUILDING GIVES US THE BEST SHOT AT LEASING IT TO THE HIGHEST QUALITY TENANT.
UM, YOU KNOW, IT'S PART OF OUR BEAUTIFICATION PROGRAM, IF YOU WILL.
THE REHABILITATION, YOU KNOW, WE THINK FENCE IS IMPERATIVE IN THIS AREA.
UM, AND SO WE'RE BASICALLY JUST TRYING TO MAINTAIN THE EXISTING, UH, CONDITION OF THE SITE.
AND SO THE DRIVEWAYS WOULD FUNCTION AS THEY HAVE HISTORICALLY.
AND UM, WE'RE JUST ENABLING IT TO BE CLOSED OFF AT, YOU KNOW, AFTER HOURS.
BUT IT'S POSSIBLE ALL THREE OF THEM COULD BE, COULD BE PUT INTO USE.
BUT IT, IT'D BE VERY LIMITED ON HOW YOU COULD USE THAT SECOND ONE ON SWISS.
AND I DO THINK THAT THERE ARE USES, LIKE YOU COULD POTENTIALLY PARK A TRAILER OR PARK A VEHICLE.
YOU DON'T EVEN HAVE TO NECESSARILY, YOU COULD UNLOAD PALLETS AND STORE STUFF THERE INSTEAD OF UTILIZING WHERE YOU'RE GONNA BE PARKING VEHICLES MAYBE IN THE FRONT.
IT JUST GIVES YOU FLEXIBILITY AND OPTIONALITY OF UTILIZING THAT SPACE OVER THERE.
IF WE JUST FENCED IT OFF, IT MIGHT BE HARD TO ACCESS, IT MIGHT BE CONSTRICTED.
AND IF THERE WAS THAT GATE THERE THAT'S A SLIDING GATE DOESN'T OPEN UP INTO TRAFFIC THERE COU IT COULD BE UTILIZED MAYBE MORE EFFICIENTLY AND BETTER.
HAVE YOU, HAVE YOU, JUST AS A MATTER OF, OF SEEING WHAT YOU THINK YOU NEEDED TO HAVE AT ANY POINT IN TIME, DID YOU TAKE TRUCKS INTO THAT PARKING LOT? UH, KIND OF SPACE OFF WHERE A GATE, A FENCE WOULD BE AND SEE HOW THAT WORKED? WE'VE HAD, UH, WE REDID THE ROOF AT THE PROPERTY AND SO WE HAD A LOT OF CREWS THERE AND THEY HAD TRUCKS AND TRAILERS.
THE TRUCKS WOULD GO IN SWISS AVENUE CLOSEST TO GOOD LAIR, AND THEN THEY WOULD EXIT OUT THAT SECOND GATE ON SWISS.
AND THAT'S HOW THAT COULD BE UTILIZED.
PULLING A TRUCK AND A TRAILER THROUGH AND NOT PULLING IT OUT ON GOOD LATIMER, WHICH IS WAY MORE DANGEROUS.
AND SO THAT, THAT'S THE THING.
IT'S LIKE, I DON'T NECESSARILY SEEING IT AS HIGH TRAFFIC, A LOT OF USE, BUT IN THAT CASE IT WAS VERY EFFECTIVE, VERY EFFICIENT.
WHILE THERE WERE PEOPLE WORKING ON THE SITE AND THE CREWS PARKED IN THE NORMAL SPACES, THE TRUCKS AND TRAILERS WERE ABLE TO PULL THROUGH ON SWISS AVENUE.
AND SO THAT'S, WE HAVE USED IT, WE HAVE PRACTICED IT.
I DON'T HAVE ANY FURTHER AT THE MOMENT.
UM, OUR CRITERIA DOESN'T SPEAK TO INTENDED USE, SO I WON'T ASK WHAT YOUR INTENDED USE IS, BUT WHAT I WILL ASK IS IN PD, WHAT ARE WE TALKING ABOUT HERE? PD 2 98, SUB AREA FIVE B, WHAT ARE THE AUTHORIZED USES? AND YOU WOULD KNOW THAT BECAUSE THAT WOULD BE THE CRITERIA OF WHAT, WHO YOU COULD RENT IT TO.
SO WHAT ARE THE AUTHORIZED USES? THAT IS THE BASKET OF WHICH YOU POTENTIALLY COULD RENT IT TO.
I DON'T HAVE AN EXHAUSTIVE LIST, MAN, BUT IT'S A FAIRLY PERMISSIVE ZONING CODE.
SO JUST REEL OFF SOME RETAIL OFFICE SHOWROOM WAREHOUSE.
UM, THOSE ARE, YOU KNOW, REALLY WHAT WE'VE FOCUSED ON.
UM, AND AT THE END OF THE DAY IT'S GOT A MASSIVE WAREHOUSE COMPONENT.
SO WE THINK IT'S JUST GONNA BE OFFICE SHOWROOM WAREHOUSE, WE THINK LIKE SOMEBODY THAT MIGHT BE A TENANT IN THE DESIGN DISTRICT AND HAS SHOWROOM SPACE, SMALL OFFICE COMPONENT, LARGE WAREHOUSE COMPONENT.
THAT'S REALLY KIND OF WHAT WE'RE LOOKING AT.
HOW MANY CURRENT PARKING SPACES ARE STRIPED OR, OR DOES THE LOT ALLOW FOR SEVEN? WHAT I'M FOR HERE IS NOT TO TELL YOU HOW MANY PARKING SPACES
[00:40:01]
YOU NEED, BUT TO LOOK AT THE, THE TRAFFIC IN AND OUT ON GOOD VLADIMIR, THE TRAFFIC IN AND OUT ON, UH, SWISS AVENUE.I BELIEVE IT'S 1212 AND THAT INCLUDES TWO HANDICAP.
SO WE'RE TALKING ABOUT 10 TO 12 POTENTIAL CARS THAT WOULD GO IN AND OUT.
ONE, NUMBER TWO, WHATEVER TRUCK TRAFFIC THAT WOULD GO BACK INTO THAT.
I DON'T KNOW WHAT YOU'D CALL THAT.
AND IF YOU'RE USING THE LOADING DOCK, YOU'RE LOSING LOADING DOCK, YOU'RE LOSING FOUR SPACES.
SO THOSE WOULD, WELL, DON'T SAY THAT TOO LOUD.
'CAUSE SOMEONE'S GONNA SAY, DO YOU HAVE ENOUGH PARKING FOR THAT BUILDING? I DON'T KNOW WHAT THE PD, I DON'T KNOW IF WHAT PD 2 98 REQUIRES OR NOT ON SQUARE FOOTAGE.
THAT'S NOT WHAT WE'RE TALKING ABOUT TODAY.
'CAUSE THAT COULD RUIN YOUR DEAL.
SO IN MY MIND I'M THINKING, OKAY, WE'RE TALKING 10 TO 12 CARS AT MOST AT A TIME, BUT THEY'RE NOT ALL COMING AND GOING AT THE SAME TIME TOO.
AGAIN, OUR CRITERIA, AND I GO BACK TO THIS, I'M REDUNDANT.
MY WIFE TELLS ME ALL THE TIME, UH, THE STAFF, THE SPECIAL EXCEPTION WILL NOT CONSTITUTE TRAFFIC HAZARD.
AND THE WAY I INTERPRET THAT IS FREQUENCY AND, UH, TURNING RADIUS AND VISIBILITY.
THE CODE DOESN'T SAY WHAT A TRAFFIC HAZARD IS.
SO I'M JUST TRYING TO LOOK AT, YOU KNOW, THE, WHAT ARE THE VARIABLES WITHIN TRAFFIC, HAZARD FREQUENCY, VISIBILITY, TURNING RADIUS ARE ALL THINGS TO ME.
GIVE ME PAUSE ON TRAFFIC HAZARD.
UH, AT THE BRIEFING THIS MORNING, UM, THERE WAS A QUESTION AS IT RELATES TO SOMETHING THAT WAS PUT IN THE RECORD BY VIRTUE OF IT SAID BY ONE OF YOUR CONSULTANTS.
IT'S ON PAGE 58 OF THE BRIEFING THIS MORNING OR OF OUR PACKET, THE OPERATION OF THE DRIVEWAY.
FENCES GATES, FENCE GATES WILL HAVE THE GATES IN THE OPEN POSITION DURING BUSINESS OPERATION HOURS.
THIS PREVENTS ANY QUEUE FROM BLOCKING THE SIDEWALK OR THE THROUGH TRAFFIC LANE.
NO, YOU KNOW, IN, IN PRACTICE I THINK THE GATES WILL LIKELY BE OPEN DURING NORMAL BUSINESS HOURS.
UM, BUT FROM A SAFETY STANDPOINT, I THINK THE, THE FENCE IS, UM, YOU KNOW, THAT SLIDING GATE PORTION IS, IS THE SAME 80% OPEN, UH, FENCE DESIGN AS THE REST OF, OF, OF THE FENCE.
SO, UM, I'M NOT SURE IF I ANSWERED YOUR QUESTION.
COULD YOU, COULD YOU REPEAT IT? WELL, WHAT I'M JUST BECAUSE THIS PARTICULAR BULLET ITEM, THE THIRD FROM THE TOP.
THIS PARTICULAR BULLET ITEM GAVE US PAUSE THIS MORNING IN OUR BRIEFING AND WE THOUGHT, OKAY, SO THEY'RE ACKNOWLEDGING THE POTENTIAL FOR TRAFFIC QUEUING.
AND A TRAFFIC QUEUING IS ONE OF THOSE VARIABLES IN TRAFFIC HAZARD.
AND NOT EVERYONE, BUT A LOT OF US HAVE DRIVEN BY A LOCATION THAT HAS A TRAFFIC QUEUE OBSCURING A TRAFFIC LANE GOING IN AND OUTTA SCHOOL OR A A A ANOTHER VENUE OR, AND THERE WE ALL STOP AND IT CREATES TRAFFIC HAZARD ISSUE.
SO IT JUST, WE READ WHAT YOU SEND US.
AND SO I, IT WAS BROUGHT UP, I THINK BY MR. HOP THIS MORNING, IT'S THE, THE ISSUE OF TRAFFIC QUEUE.
UM, YEAH, SO WE ANTICIPATE GATES WILL BE OPEN DURING NORMAL BUSINESS HOURS.
UH, YOU KNOW, SWISS AVENUE, NOT A HIGH TRAFFIC STREET.
IT'S A SIGNALED INTERSECTION AND GOOD LAMMER BEING ONE WAY.
SO WE DON'T ANTICIPATE QUEUING BEING AN ISSUE.
IT'S MINIMAL, UH, TRAFFIC, MINIMAL KIND OF EMPLOYEE TYPE, UH, USE.
I, I THINK OF, I THINK OF THE GATES BEING MAINLY AFTER HOURS AND SECURING.
UM, AND SO WE'RE OUT THERE DURING THE DAY, DURING THE DAY.
THE PROPERTY'S JUST FINE IN THE EVENINGS.
THERE'S A LOT OF CLUBS, A LOT OF PEOPLE, A LOT OF ACTIVITY.
AND I COULD SEE SOMEONE JUST WANTING TO SECURE THE PROPERTY IN THE EVENINGS.
UM, YOU KNOW, WE DON'T SEE QUEUING BEING AN ISSUE THERE.
WE DON'T PLAN ON LEAVING THE GATES CLOSED DURING OPERATING HOURS.
UM, YEAH, THAT'S, AND I, I WOULD JUST ADD, I MEAN, UH, THAT WAS, I BELIEVE LLOYD DENIM'S, UH, REPORT.
IT WAS, HE DID MENTION THAT, UH, YOU KNOW, IT WAS IN ADDITION TO SEVERAL OTHER CRITERIA I THINK THAT HE THOUGHT, UM, YOU KNOW, ADDED UP TO HIS CONCLUSION THAT IT WAS NOT A TRAFFIC HAZARD.
IT WASN'T ANYTHING THAT SCOTT JOHNSON BROUGHT UP IN HIS, UM, I THINK IT JUST SPEAKS TO, YOU KNOW, THERE ARE SEVERAL REASONS
[00:45:01]
WHY IT DOES NOT CONSTITUTE A TRAFFIC HAZARD.AND YOU SAID, I CAN'T REMEMBER WHICH GENTLEMAN SAID THIS.
YOU'RE, I'M LOOKING AT PAGE 56 OF OUR DOCKET AND THERE'S, IT'S A PICTURE OF THE, OF THE PROPERTY FROM THE SOUTHEAST AND IT LOOKS AT GOOD LATIMER AND SWISS AVENUE.
THERE'S A DARK TRAIN GOING BY AT THE TIME.
AND YOU SAID THAT MOST LIKELY THE USE OF THE DOCK WOULD BE FROM SWISS AVENUE, NOT FROM GOOD LAIR.
BECAUSE, UH, MR. KOVICH MENTIONED BEFORE HMM.
IS ARE THEY GONNA COME IN FROM GOOD LA FROM GOOD LAIR AND HAVE TO, I DON'T KNOW WHAT THE PROPER TERM IS IN TRANSPORTATION, FAST FORWARD OR UP BACK.
SO, AND ANGLE BACK IN, WHICH WOULD OBSCURE TRAFFIC ON GOOD LADDER.
YOU'RE SAYING THERE'S A DIRECT SHOT IN FROM SWISS AVENUE, CORRECT.
BUT YET IT TAKES PARKING SPACES, CORRECT.
BUT YOU CAN'T GET TO THE DOCK WITHOUT GOING FROM SWISS.
YOU CANNOT OR CAN, YOU CANNOT, LIKE IF YOU WENT FROM GOOD LATIMER, YOU WOULD HAVE TO SWING ALL THE WAY AROUND THE PARKING LOT AND THEN BACK UP.
SO YOU CAN GET TO IT FROM SWISS, YOU MEAN? YEAH, YOU CAN ONLY GET TO IT FROM YOU SAID CAN'T TWICE.
OR YOU CANNOT FROM GOOD LATIMER, BUT YOU CAN, 'CAUSE I'M LOOKING AT THIS PICTURE THAT WAS PROVIDED AND I'M TRYING TO SEE THE ANGLE AGAIN.
I'M JUST TRYING TO LOOK AT QUEUING ISSUE.
OUR PEOPLE ARE, IS YOUR TENANT OR THE TENANT 10 YEARS FROM NOW, IF WE GRANT THIS GONNA BE GOING JOCKEYING IN AND OUT OF A TRAFFIC LANE.
WHAT OTHER QUESTIONS DO WE HAVE, MR. HOKO? YEAH, I'M, I'M CONCERNED ABOUT, GIVEN THE SIZE OF YOUR PARKING LOT THERE, UH, AND, AND EVEN SMALLER IF YOU CONSIDER THAT YOU'RE HAVING, UH, BOX TRUCKS OR SOMETHING LIKE THAT IN THERE AND, AND NECESSITATING THOSE BLOCKING OFF SOME OF THE PARKING SPOTS YOU HAVE.
UH, I JUST, I I'M NOT HEARING A REALLY GOOD REASON WHY YOU NEED SO MANY ENTRANCES AND EXITS THROUGH THAT GATE AND EACH ONE OF THOSE, YOUR ENTIRE REQUEST IS BECAUSE OF THE GATES, BECAUSE OF THE, OTHERWISE THERE'S NO VISIBILITY TRIANGLE ISSUE EXCEPT YOU HAVE YOU WANTING TO HAVE A GATE THERE.
UM, SO I, I'M, I'M NOT REALLY HEARING GOOD REASONS WHY YOU NEED SO MANY ENTRANCES AND EXITS, UH, WITH, WITH GATES THERE.
IT'S REALLY JUST PRESERVING THE EXISTING SITE CONDITIONS IS ALL THAT WE'RE TRYING TO DO AND PUT THE PERIMETER FENCE UP.
UM, WE JUST THINK THAT I, YOU KNOW, I, I I THINK HAVING ADDITIONAL DRIVEWAYS WOULD HELP SUPPORT, UM, ACCESS INTO THE SITE.
UM, AND SO I DON'T, I DON'T SEE HAVING, YOU KNOW, IF WE WERE ONLY TO HAVE ONE DRIVEWAY FOR INSTANCE, I THINK THAT COULD BE MORE OF AN ISSUE WITH PEOPLE COMING AND GOING.
HAVING MORE DRIVEWAYS I THINK OPENS THE SITE UP.
AND AGAIN, WE'RE JUST TRYING TO, UM, OBVIOUSLY PARKING IS CONSTRAINED.
UM, WE'RE JUST TRYING TO MAINTAIN THE EXISTING SITE CONDITIONS AS FAR AS KEEPING THE DRIVEWAYS WHERE THEY ARE AND JUST PROVIDING FOR FENCE EFFECTIVELY ALONG THE PERIMETER.
I'M NOT SURE IF THAT ANSWERS YOUR QUESTION.
I'M, AND I THINK IT'S THE FLEXIBILITY OF IT, UM, BEING ABLE TO USE THAT FOR A NUMBER OF DIFFERENT USES.
I THINK MY EXAMPLE EARLIER WAS A TRAILER.
ANOTHER EXAMPLE COULD BE, I DON'T SEE IT BEING UTILIZED LIKE THIS, BUT YOU COULD POTENTIALLY DO A CLA UH, TRASH ENCLOSURE THERE.
AND YOU COULD POTENTIALLY HAVE A DRUM DUMP TRUCK GET TRASH FROM THAT AREA OF THE BUILDING IF WE WANTED TO, IF A TENANT WANTED TO, YOU COULD HAVE CMU WALLS PUT A TRASH CONTAINER UP ALONG THE NEIGHBORING PROPERTY IN THE CORNER THAT'S NOT BEING UTILIZED, TAKE UP TWO SPACES AND UTILIZE THAT FOR THAT USE.
YOU COULD UTILIZE IT FOR PUTTING A COUPLE PALLETS IF THEY DO HAVE PALLET.
BUT, BUT THE FLEXIBILITY THAT YOU'RE SAYING THAT PROVIDES YOU EVERY ONE OF THOSE USES REQUIRES YET ANOTHER PATHWAY OF DRIVING IN A VERY SMALL LOT.
AND THE MORE YOU ADD ENTRANCES AND EXITS, THE MORE IT SEEMS TO ME, I'M NOT A TRAFFIC EXPERT, BUT THE MORE COMPLICATED YOU MAKE IT ALL, THAT'S JUST THE WAY I'M LOOKING AT IT.
I, I JUST HAVE A CONCERN ABOUT, YOU KNOW, THERE IT IS A VERY LIMITED SIZE LOT THERE.
SO, UH, AT SOME POINT YOU HAVE TO CONSTRAIN YOUR FLEXIBILITY
[00:50:01]
TO, TO, TO BE ABLE TO KNOW HOW IT'S GONNA BE USED MORE, YOU KNOW, MORE, UH, WITH MORE, UH, SPECIFICITY.MY UNDERSTANDING IS THAT, YOU KNOW, THAT WAS PART OF WHAT THE TRAFFIC ENGINEER ENGINEERS DID STUDY.
YOU KNOW, THEY STUDIED HOW THE EXISTING DRIVE LANES, UH, WERE CONFIGURED AND HOW THAT WOULD AFFECT MANEUVERABILITY OR FLOW WITHIN THE SITE.
AND IT WAS THEIR DETERMINATION THAT IT DIDN'T CONSTITUTE A TRAFFIC HAZARD.
SO WE'RE, WE'RE KIND OF RELYING ON, ON THAT, UH, PROFESSIONAL OPINION, BUT I UNDERSTAND YOUR CONCERN.
AT THE END OF THE DAY, WE'RE JUST, YOU KNOW, WE'RE RELYING ON THOSE PROFESSIONAL OPINIONS WITH RESPECT TO TRAFFIC.
UH, AND IT NOT CONSTITUTING A TRAFFIC HAZARD.
UM, I THINK WE'RE TRYING TO MAINTAIN AND PRESERVE FLEXIBILITY WITHIN THE SITE AND JUST UTILIZE, YOU KNOW, THE EXISTING CONDITIONS AS THEY'VE BEEN.
OTHER QUESTIONS? I'VE GOT ONE OR TWO, BUT OTHER QUESTIONS? UM, AGAIN, WE'RE LOOKING AT VESTING PROPERTY RIGHTS THAT ARE ABOVE, BEYOND WHAT YOU HAVE BY RIGHT? THAT SOUNDS REDUNDANT.
WE'RE GIVING THIS PIECE OF PROPERTY THE RIGHT TO HAVE A VISUAL OBSTRUCTION AT THREE, AT FOUR POINTS THE CORNER ENTER ONE A GOOD LAIR AND TWO ON SWISS AVENUE.
SO THAT, THAT'S WHAT WE'RE LOOKING AT AND WE'RE COMPARING IT TO UNKNOWN UNDESCRIBED POTENTIAL TRAFFIC HAZARDS.
SO A LOT OF THE QUESTIONS ARE GOING TO WHAT IF, WHAT IF, WHAT IF, WHAT IF MY QUESTION BEFORE AS IT RELATES TO, UM, NOT INTENDED USES, BUT AUTHORIZED USES.
'CAUSE WE'RE NOT ALLOWED TO CHASE INTENDED USES, BUT WE CAN SAY AUTHORIZED USES BECAUSE THAT GOES TO POTENTIAL TRAFFIC ISSUES BASED ON THE USE WITHIN THE PD.
UM, IN, I'M GONNA SAY AGAIN HERE IN YOUR PRESENTATION ON PAGE 58 OF THE DOC OF THE DOCKET, UH, YOUR CONSULTANT, MEANING YOU SAID THE OPERATION OF THE DRIVEWAY FENCE GATES WILL HAVE THE GATES IN THE OPEN POSITION DURING BUSINESS O OPERATION HOURS.
THIS PREVENTS ANY CUE FROM BLOCKING THE SIDEWALK OR THROUGH THE TRAVEL LANE.
I THINK I STILL HAVE A CONCERN ABOUT POTENTIAL QUEUING, WHETHER IT BE ON GOOD LATIMER OR ON SWISS AVENUE, BUT I THINK A CASE COULD BE MADE THAT IT MITIGATES POTENTIAL TRAFFIC ISSUES IF INDEED THOSE GATES ARE LEFT OPEN DURING THE BUSINESS DAY.
I APPLAUD WHAT YOU'RE DOING AS IT RELATES TO RESTORING A BUILDING.
I CAN SEE THE POTENTIAL NEED AS IT RELATES TO FENCING THAT'S OUTSIDE OUR CRITERIA.
THAT'S JUST ME EDITORIALIZING OVER HERE.
BUT WHAT GIVE ME MORE COMFORT IS THIS ISSUE OF AVOIDING A QUEUING, AVOIDING OBSTRUCTION OF IN AND OUT.
WE DON'T KNOW WHAT TYPE OF VEHICLES ARE GONNA COME IN OR NOT.
HISTORICALLY, HISTORICALLY, AND EVERY CASE STANDS ON ITS OWN.
HISTORICALLY, WE'RE VERY, VERY HESITANT.
THIS IS GONNA MAKE HER NERVOUS.
SHE'S THE ATTORNEY VERY, VERY HESITANT TO APPROVE VERY, UM, SPECIAL EXCEPTIONS ON, ON VISIBILITY TRIANGLES.
THAT IS NOT, NOT, THAT'S, THAT'S SAFETY.
AND GOSH FORBID IF WE AS A PANEL APPROVE SOMETHING AND SOMEONE GETS HURT, THEN WE GO, HOW DID WE MISS THAT? SO WE'RE VERY HESITANT.
THAT'S WHY YOU'RE GETTING THE YES PROCESS.
THERE'S NO ONE SECOND GUESSING YOUR INTENTIONS.
AND WE, IT'S ALL GOOD AND ALL GREAT, BUT WE'RE JUST VERY HESITANT ABOUT IT.
UM, DID I DO OKAY? DID I, I DIDN'T GO TO ANY OTHERS.
SHE JUST WANTS TO KEEP US FOCUSED ON THIS CASE.
SO, UM, I APPRECIATE YOU OFFERING UP THIS, KEEPING THE GATES OPEN BECAUSE I'LL BE WILLING TO SUPPORT THIS IF THE GATES ARE LEFT OPEN DURING BUSINESS HOURS.
SO, ANY OTHER QUESTIONS WE HAVE FOR THE APPLICANT? QUESTION FOR MR. YES, MR. HAITZ, HOW DO WE, HOW DO WE ASCERTAIN THAT WE'VE REQUIRE THAT? HOW ARE WE REQUIRING THAT THE GATES ARE LEFT OPEN? SO, AND WHAT AND WHAT ARE GOING TO BE DEFINED AS THE BUSINESS HOURS? WELL, MR. HOPKINS, WHEN THERE'S NO BUSINESS THAT WE KNOW OF THAT'S GONNA BE IN THERE YET, YOU'RE, YOU'RE A WONDERFUL MEMBER OF THIS PANEL AND OF THE BOARD OF ADJUSTMENT.
SO THE BOARD ATTORNEY AND I WERE SING JUST A MINUTE OR TWO AGO, AND SHE GAVE HIM SOME POTENTIAL LANGUAGE THAT WE COULD UTILIZE.
UM, SO I'M, I'M ANTICIPATING THAT THAT'LL BE PART OF THE MOTION, UH, THAT OUR ATTORNEY GIVES US.
AND THEN WE CAN DEBATE WHETHER THAT MOTION IS SUFFICIENT ENOUGH OR TOO RESTRICTIVE, AND THEN WE CAN GO TO THAT ISSUE.
BUT WE WILL SPEAK DIRECTLY TO THAT.
WHAT I WANTED TO DO TO GET YOU GUYS ON THE RECORD,
[00:55:01]
WHAT YOUR INTENTION, WHAT YOU AND ANYONE ELSE THAT USES THE PROPERTY, GIVEN THAT THE CONSTRICTION YOU'RE PUTTING ON IT TO GIVE US BETTER COMFORT THAT YOU'RE MINIMIZING THE CHANCE OF QUEUING AND OBSTRUCTION ON THOSE TWOS.SO I APPRECIATE THAT THE CHAIR WOULD ENTERTAIN THEM.
ANY OTHER DISCUSSION FOR ANY OTHER QUESTIONS FOR THE APPLICANT? MR. HAITZ? SO ONCE YOU, UM, SECURE A TENANT FOR THE BUILDING, WHO WILL BE IN CHARGE OF THE GATES, WHO WILL HAVE CONTROL OF THE GATES WHEN THEY'RE OPEN AND CLOSED, UH,
IT, SO BASED OFF OF, YOU KNOW, THE BOARD'S RECOMMENDATION OR, OR WHAT GETS PASSED TODAY, IT'S CERTAINLY SOMETHING THAT WE CAN PUT INTO THE TENANT'S LEASE, UM, TO MAKE SURE THAT THEY'RE IN COMPLIANT WITH THE BOARD'S DECISION.
DID THE CHAIRMAN CATCH THAT? I'M SORRY.
THEY, THEY, THEY ARE, THEY ARE, UH, INDICATED WRITING INTO ANY LEASE THAT THE GATES MUST BE REMAINING, REMAINING OPEN DURING BUSINESS HOURS.
SO I I'M SURE MY BORDER ATTORNEY IS GONNA TELL ME THAT WE CAN'T PUT SOMETHING IN SOMEONE'S LEASE.
WE, WE DEAL WITH LAND, NOT THE LEASE THEY'RE ON.
UH, WHAT WE ARE DOING IS LAND USE.
WHAT WE'RE, AND WE HAVEN'T SPOKEN YET, BUT WHAT I, WHAT I THINK IS GONNA BE PROPOSED IS APPROVING SUBJECT TO THE GATES BEING OPENED DURING NORMAL BUSINESS HOURS.
UM, BUT AGAIN, THAT'S THE WILL OF THE, THE PANEL.
UM, AND THEN IT'S THEN THE PROPERTY OWNER IS ENCUMBERED BY THAT.
WE HAVE TENANTS COME TO US ALL THE TIME AND WE SAID RESPECTFULLY.
YEAH, I APPRECIATE YOU BEING A TENANT.
WE HAVE TO TALK TO THE PROPERTY OWNER.
RIGHT? BECAUSE WE'RE CONSTITUTED BY THE STATE OF TEXAS, CITY OF DALLAS, THE PROPERTY OWNERS.
AT THE END OF THE DAY, ISSUE PROPERTY OWNER ISSUE IS GONNA BE TO THE PROPERTY OWNER.
AND IF YOU'RE A GOOD PROPERTY OWNER AND YOU, YOU MANAGE YOUR TENANT APPROPRIATELY, THEN YOU'RE COMMUNICATING, YOU'RE, YOU, YOU'RE LETTING THEM KNOW THAT YOU'RE GONNA BE HELD ACCOUNTABLE.
I'M NOT LECTURING, I'M JUST TRYING TO CONNECT.
NO, I I UNDERSTAND YOUR POINT.
SHE, OUR ATTORNEY WOULD TELL US YOU WE CAN'T DICTATE TO A TENANT.
BUT YOU CAN RECOMMEND OR SUGGEST THAT THEY DO THAT.
THEY PUT THIS IN THEIR LEASE, BUT WE DEAL WITH THE LAND.
YOU WANT THEM THE LANGUAGE? NO, NO, NO, NO.
WE DEAL WITH THE LAND, NOT THE BUSINESS OF THE PROPERTY.
SO THAT WOULDN'T BE AN APPROPRIATE CONDITION TO PUT IN OUR MOTION.
BUT DURING YOUR COMMENTS, YOU CAN SUGGEST THAT APPLICANTS PUT THAT LANGUAGE IN THEIR LEASE, BUT WE CANNOT REQUIRE IT FROM THE CITY.
DISCUSSION OR QUESTION? QUESTIONS FOR THE APPLICANT.
MS. BOARD, SECRETARY, YOU SAID THERE WERE NO OTHER SPEAKERS, CORRECT? NO, THE SPEAKERS REGISTER, SIR.
WE HAVE FOUR SEPARATE REQUESTS.
OKAY? THEREFORE, THERE'LL BE FOUR SEPARATE MOTIONS.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 4 0 9 6 ON APPLICATION OF CULLEN FINNEGAN GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE DRIVEWAY APPROACH ALONG NORTH GOOD LATIMER EXPRESSWAY AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARD TO, UH, THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED AND THE DRIVEWAY FENCE MUST BE MAINTAINED IN THE OPEN POSITION DURING THE BUSINESS'S NORMAL HOURS OF OPERATION.
IT'S BEEN MOVED BY MS. DAVIS TO GRANT THE REQUEST IN BO 8 2 5 0 0 0 0 9 6 FOR THE 20 FOOT VISIBLY TRIANGLE, SPECIAL EXCEPTION WITH THE, THE CAVEAT RELATING TO KEEPING THE GATE OPEN DURING NORMAL BUSINESS HOURS.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MS. HAYDEN.
MS. DAVIS, I'M SUPPORTING THIS MOTION BECAUSE, UM, FIRST YOU OFFERED TO MAINTAIN, UM, KEEPING THAT GATE OPEN THAT IS PART OF THIS MOTION.
AND WE WOULD ASK THAT YOU CONSIDER INCLUDING THAT IN YOUR LANGUAGE AS YOU'RE LEASING THE PROPERTY.
UM, IN ADDITION, IT'S 80% OPEN.
SO THAT REALLY WAS A DECIDING FACTOR FOR ME, ESPECIALLY WHEN I SAW THE RENDERINGS, WHICH WERE REALLY WELL, WELL DONE.
I COULD SEE THAT IT WAS VERY, VERY CLEAR.
SO BECAUSE OF THAT, IT MEETS THE CRITERIA OF NOT CAUSING A TRAFFIC HAZARD.
UM, THE, THE RENDERING RENDERINGS IN YOUR PRESENTATION WERE VERY HELPFUL AS WELL AS THE, THE, THAT YOU GOT
[01:00:01]
TWO DIFFERENT, UH, TRAFFIC, UH, ENGINEERS TO PROVIDE REPORTS ON THIS, AND THAT'S WHY I'M SUPPORTING THE MOTION.OTHER DISCUSSION ON THE MOTION? ANY OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IS BO 8 2 5 0 0 0 9 6.
THE MOTION IS TO GRANT WITH THE REQUIREMENT OF KEEPING THE GATE OPEN ON GOOD LATIMER DURING NORMAL BUSINESS HOURS.
UM, THAT'S THE MOTION ON THE FLOOR.
MOTION TO GRANT MS. BOARD SECRETARY CALL THE VOTE.
FIVE TO ZERO IN THE MATTER OF BO OA I'VE GOTTA REPEAT IT HERE.
THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE.
GRANT YOUR SPECIAL EXCEPTION REQUEST ALONG GOOD LATIMER.
SUBJECT TO THE ADDITIONAL LANGUAGE ON KEEPING THE GATES OPEN, MS. DAVIS SECOND MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 25 DASH 4 0 9 6 ON APPLICATION OF CULLEN FINNEGAN GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE MOST EASTERLY DRIVEWAY APPROACH ALONG SWISS AVENUE AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DEV DALLAS DEVELOPMENT CODE AS AMENDED ONE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARD TO THE PORTION AND VIOLATION OF THE VIS VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED AND THE DRIVEWAY FENCE GATE MUST BE MAINTAINED IN THE OPEN POSITION DURING THE BUSINESS'S NORMAL HOURS OF OPERATION IN THE MANNER BO 8 2 5 0 0 0 0 9 6.
UH, A MOTION'S BEEN MADE BY MS. DAVIS TO GRANT A REQUEST FOR THE 20 FOOT VISIBLY TRIANGLE SPECIAL EXCEPTION ALONG THE EASTERLY MOST EASTERLY DRIVEWAY APPROACH IN SWISS AVENUE, SUBJECT TO THE REQUIREMENT OF THE FENCE BEING OPENED DURING NORMAL BUSINESS HOURS.
POINT OF, IS THERE A SECOND? IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECOND BY MS. HAYDEN.
YES, THE, IS, UM, THE EASTERLY, THE ONE THAT'S IN THIS MOTION? IF I'M, THAT'S THE ONE THAT'S FURTHEST AWAY FROM THE GOOD LAMA LAMINATED? THAT IS CORRECT SECTION.
I'M ASSUMING TWO DOWN IS THE WESTERLY PORTION, WHICH IS CLOSEST TO GOOD LA.
ALRIGHT, SO THE MOTION'S BEEN MADE BY MS. DAVIS, SECONDED BY MS. HAYDEN.
DISCUSSION ON THE MOTION, MS. DAVIS, I DON'T HAVE FURTHER DISCUSSION.
BASICALLY MY COMMENTS FOR THE FIRST MOTION ARE PRETTY CONSISTENT WITH THE REST OF THE MOTIONS.
MS. HAYDEN, I HAVE NOTHING FURTHER DISCUSSION ON THE MOTION.
UH, I WILL NOT BE SUPPORTING THIS MOTION I, THAT THAT PARTICULAR PROPOSED, UM, ENTRY POINT IS AT A VERY SMALL PIECE FOR THE PARKING LOT.
TO ME, HAVING AN ENTRY THERE IS GOING TO CAUSE MORE TRAFFIC ISSUES THAN IT WILL RESOLVE.
UM, I DON'T SEE A REAL VALID USE FOR AN ENTRY THERE THAT I CAN, THAT I CAN DISCERN MYSELF.
SO I WILL NOT BE SUPPORTING THIS PARTICULAR MOTION.
ANY OTHER DISCUSSION ON THE MOTION? MR. DORN? MR. CHAIRMAN, WILL THESE, IN GRANTING THESE, WILL THIS GO INTO DEED RESTRICTIONS SO THAT IF THEY SELL THE PROPERTY IN THE FUTURE, UH, I DO NOT THINK SO.
I THINK IT'S JUST AS PART OF THE, THE, TELL ME HOW THAT'S DOCUMENTED.
IS IT A NOT, IS IT IN THE CO IS IT IN THE, IS IT IS IN THE PERMITTING PROCESS? HOW IS IT DOCUMENTED FOR THIS PROPERTY OWNER AND FUTURE PROPERTY OWNERS? IT'LL BE ON FILE.
IT'LL BE IN OUR PERMITTING SYSTEM FOR THIS PARTICULAR ADDRESS THAT OFFENSE PERMIT OR OFFENSE, A BOARD OF ADJUSTMENT SPECIAL EXCEPTION FOR THE FENCE WAS ACQUIRED.
SO I GUESS I'M GONNA, I INTERPOLATE THAT IF IT GOES INTO THE, WHAT'S IT, THE DALLAS NOW? YES.
IF IT GOES INTO THE DALLAS NOW SYSTEM AND THERE'S A ISSUE LATER AND A CODE COMPLIANCE OFFICER LOOKS AT IT AND SAYS, WAIT A MINUTE, YOU CAN OR CANNOT DO THIS, THEY'D GO INTO THE SYSTEM.
SEE, THEY CAN GO AND VERIFY THAT ON THIS DATE THE BOARD APPROVED X, Y, AND Z.
SO TO USE THAT AS AN EXAMPLE, I'M JUST TRYING TO ANSWER YOUR QUESTION.
IF THE BOARD APPROVED THIS, I DIDN'T SAY WE HAVE, IF THE BOARD APPROVED IT LIKE WE DID THE LAST ONE AND A, THE, THIS PROPERTY OWNER, A FUTURE PROPERTY OWNER KEPT THE GATES CLOSED DURING THE DAY.
THAT'S A VIOLATION OF THE RIGHT WE GAVE THEM, CORRECT? CORRECT.
AND THAT WOULD SUB BE SUBJECT THIS OWNER OR FUTURE
[01:05:01]
OWNER TO ENFORCEMENT.AND THAT'S MUNICIPAL COURT, CIVIL COURT.
THAT'S NOT CRIMINAL, BUT, OKAY.
DID I EXPLAIN THAT CORRECTLY? THE WAY THAT PROCESS, OKAY.
THANK YOU MR. DORN DISCUSSION ON THE MOTION.
I'LL BE SUPPORTING THE MOTION.
UM, I THINK WITH THE ADDITIONAL LANGUAGE AS IT RELATES TO OPEN DURING THE DAY, YOU CAN CLOSE IT AT NIGHT.
WHATEVER PROVIDES YOU THE SECURITY.
UM, I WOULD AGREE A LITTLE BIT WITH MR. OVITZ ABOUT THAT GATE THAT'S EASTERN.
BUT IN MY MIND, THE, THE CURB CUT'S ALREADY THERE.
SO, UH, YOU KNOW WHAT I MEAN? I SUPPOSE YOU COULD JUST, UM, CLOSE IT OFF.
BUT I'M BANKING ON THE FACT THAT YOU AS A PROPERTY OWNER AND SUBSEQUENT PROPERTY OWNERS WILL BE SENSITIVE TO THE WHOLE ISSUE OF TRAFFIC HAZARD.
UM, AND SO I'LL BE SUPPORTING THE MOTION.
ANY OTHER DISCUSSION ON THE MOTION, MR. DOD? SO THEN THEY WOULD HAVE THE OPTION TO KEEP IT CLOSED DURING THE DAY, DURING THE BUSINESS HOURS? NO, THE MOTION THAT IS ON THE FLOOR SAYS TO BE EXACT.
THE DRIVEWAY FENCE GATE MUST BE MAINTAINED IN THE OPEN POSITION DURING THE BUSINESS'S NORMAL HOURS OF OPERATION.
HOWEVER, WHAT IF THEY DETERMINE THAT CREATES A TRAFFIC PROBLEM AND KEEPING IT CLOSED WOULD BE, WELL, THAT'S A $10 MILLION QUESTION.
GO AHEAD AND ASK YOUR QUESTION AGAIN, MR. DORN.
THAT IF THEY DETERMINED THAT KEEPING IT OPEN WOULD CAUSE A TRAFFIC PROBLEM, WHICH THAT WAS TO MY ORIGINAL QUESTION TO THEM ABOUT THAT PARTICULAR ENTRANCE, THE EASTERN MOST, THE EASTERN MOST THAT THEY DETERMINED KEEPING IT CLOSED WOULD BE SAFER.
HOW WOULD THEY DO THAT? SO IS THAT QUESTION, THAT QUESTION IS TO MISS TO OUR BOARD ADMINISTRATOR AND THEN WHEN WE'RE DONE WITH MR. DORN, WE'RE GONNA GO TO MS. DAVIS.
CLOSE THAT I THINK IT'S A VALID QUESTION.
IF WE'RE BOARD ATTORNEY, I'M SORRY, IF WE ARE GOING TO ADD THAT CONDITION, AND THEN AT A LATER TIME THEY DETERMINED THAT IT'S SAFER TO KEEP IT CLOSED, THEY WOULD EITHER HAVE TO, UM, REMOVE THAT DRIVEWAY AND THEN THEY CAN JUST HAVE THE FENCE THERE BECAUSE THEN THERE WOULDN'T BE A VISIBILITY TRIANGLE ISSUE.
OR THEY WOULD HAVE TO COME BACK BEFORE THIS BOARD TO TRY TO GET THAT CONDITION REMOVED BECAUSE IT'S A CONDITION MM-HMM
SO I'M GONNA, I'M GONNA COME, I'M, WE'RE GOING BACK TO YOU, I'M GONNA INTERPRET WHAT THAT IS THEN BACK TO MR. DORN.
SO YOU'RE SAYING THEN, IN THE OPINION OF THE PROPERTY OWNER WOULD GENERATE ONE OF THOSE TWO PATHS.
IT'S NOT IN THE OPINION OF THE CITY, RIGHT? THAT IS CORRECT.
MR. DORM, THAT WAS, THAT'S AN ANSWER TO YOUR QUESTION.
I DON'T KNOW IF THAT'S THE RIGHT ANSWER, WRONG ANSWER, BUT THAT'S AN ANSWER.
YOU WANNA PONDER THAT? WELL, THE TENANT WOULD BE THE ONE DECIDING NOT THE OWNER, BUT WE DON'T DEAL WITH TENANTS, RIGHT.
AND AGAIN, WE HAVE A LOT OF TENANTS THAT SHOW UP AND SAY, BUT IT WASN'T ME
WE SAY, UH, UH, UH, IT'S NOT YOUR CONTRACTOR, IT'S THE PROPERTY OWNER.
SO, UH, I I DON'T KNOW WHERE THAT PUTS THIS MR. DORM, BUT YOU, IT WAS A PROVOCATIVE QUESTION.
UH, NEXT STEP DISCUSSION ON THE MOTION.
THE MOTION ON THE FLOOR IS TO APPROVE GRANT, THE SPECIAL EXCEPTION FOR THE EASTERLY MOST DRIVEWAY APPROACH.
THIS, THIS IS FOR THE APPLICANT.
WHEN YOU CONDUCTED THE, THE, UH, TRAFFIC STUDIES, DID THEY MAKE THEIR RECOMMENDATION BASED ON THE GATES, ALL OF THE GATES BEING OPEN? HOW DID THAT, I MEAN, DID, DID, DOES ANY OF THEIR, THE TRAFFIC STUDIES, DOES THAT CORRELATE TO THE GATES BEING EITHER OPEN OR CLOSED? I'M NOT SURE IN MR. DENMAN'S.
UH, I THINK HE WAS OPERATING UNDER THE ASSUMPTION THAT THEY WOULD BE OPEN DURING NORMAL BUSINESS HOURS AS INDICATED IN HIS PRESENTATION.
UH, I CAN'T SPEAK TO WHETHER SCOTT JOHNSON AT KIMLEY HORN ASSESSED THAT CONDITION.
'CAUSE IT WASN'T IN HIS REPORT.
MR. DORN THREW US A CURVE BALL.
SO A POSSIBLE SOLUTION TO MR. DORAN'S CONCERN WOULD BE TO HAVE ONE ENTRANCE ON
[01:10:01]
SWISS AVENUE AND ONE ON GOOD.LA HUH MS. HAYDEN? SO I, I THINK WHEN WE ASKED THE APPLICANT, THE REASON FOR HAVING THESE, THESE, UH, GATES, THE THREE GATES IS UM, THERE ARE EXISTING DRIVEWAYS THERE IN ADDITION TO THE FLEXIBILITY.
SO IN MY OPINION, HAVING TWO GATES ACCESSIBLE PROVIDES FLEXIBILITY IN THE CASE THAT, OH, WELL IF WE KEEP THIS ONE OPEN, IT'S CAUSING PROBLEMS. OR IF WE KEEP THIS ONE CLOSED, IT'S CAUSING PROBLEMS. YOU HAVE TWO OPTIONS TO WORK WITH.
AND TO ME, IT CREATES MORE FLEXIBILITY AND THE, AND GREATER ABILITY FOR THE OWNER OR THE TENANT OR WHOEVER THE LAND USE BELONGS TO IN THE FUTURE, TO BE ABLE TO WORK WITH THE SITUATION THAT THEY HAVE.
BUT WE'RE GOING BACK TO MR. DORAN'S QUESTION.
MR. DOREEN'S QUESTION IS, IF WE REQUIRE THE PROPERTY OWNER TO MAINTAIN THE GATE OPEN, AND BY VIRTUE OF THAT, THEY FIND OUT THAT IN ESSENCE IT CREATES A TRAFFIC HAZARD.
HOLD ON, I'M GONNA ANSWER YOUR QUESTION THEN.
IT'S INHERENT IN THE PROPERTY OWNER SAYING TO THE TENANT, DON'T USE IT.
I MEAN, NO PROPERTY OWNER SHOULD OPERATE AN ENTRANCE OR EXIT, WHETHER IT'S 1, 2, 3, OR FOUR THAT'S UNSAFE.
I'M THINKING OF BUILDINGS THAT I'VE OWNED AND, AND, AND NOW THAT THAT ONE HAD TWO ENTRANCES, ONE ENTRANCE, TWO EXITS, TWO ENTRANCE AND TWO EXITS.
THAT ONE, I'M JUST THINKING DIFFERENT ONES.
AND I DIDN'T HAVE A VISIBILITY ISSUE 'CAUSE IT WAS WIDE OPEN, BUT IT'S INCUMBENT ON THE PROPERTY OWNER TO OPERATE IT SAFELY.
MS. DAVIS, DOES IT MAKE SENSE TO MODIFY THE AMENDMENT AND NOT REQUIRE THAT THE GATE BE MAINTAINED IN THE OPEN POSITION? IN OTHER WORDS, IN OTHER WORDS, ON THIS ONE, TAKE IT OFF.
WELL, THIS ONE, AND I, I DON'T THINK FOR, UH, MOTION NUMBER THREE, WE'RE GOING TO INCLUDE THAT EITHER.
SO POSSIBLY TAKE IT OFF WITH THIS ONE AND THEN MAKE, IT'S A JUDGMENT CALL WHETHER OR NOT IT SHOULD BE OPEN OR CLOSED.
AND IT'S NOT GOING TO, IT'S, THIS IS NOT YOUR MAIN ENTRANCE, SO, WELL, IT MAY MAKE MORE SENSE FOR THIS ONE TO BE CLOSED MORE THAN OPEN.
WHAT IS, WHAT IS THEIR MAIN ENTRANCE? WE DON'T HAVE A MAIN ENTRANCE.
WE HAD A CASE EARLIER TODAY THAT WE THOUGHT, I MEAN, YOU THOUGHT THE FRONTAGE WAS DOUGLAS, EXCUSE ME, ONE STREET AND IT REALLY WAS ANOTHER.
SO, YOU KNOW WHAT IS JUST BASED ON, SO MY VISUAL, I DIDN'T THINK THAT WAS THE MAIN ONE, BUT OBVIOUSLY I, I DON'T KNOW.
SO WE'RE LOOKING AT THE VISIBILITY TRIANGLE, RIGHT? YES.
SO EVEN IF THEY PULLED THIS, EVEN WHETHER THE GATE'S OPEN OR NOT TO ME, LET'S SEE.
THE VISIBILITY TRIANGLE IS THE ISSUE WE'RE LOOKING AT WITH THE GATES CLOSED.
IF THE GATE'S OPEN, YOU CAN STILL SEE THROUGH IT.
THE, I DON'T KNOW THAT HAVING THE GATE OPEN OR CLOSED IS A VISIBILITY TRIANGLE ISSUE.
SO TO EXTRAPOLATE YOUR COMMENT, ENVISION IT BEING OPEN ALL THE TIME VERSUS BEING CLOSED, ALL BEING OPENED AND CLOSED.
I MEAN, YOU CAN SEE THROUGH IT, YOU CAN SEE THROUGH THE ENTIRE GATE.
NEXT ON DISCUSSION, MR. HOP, I'M NOT SURE I UNDERSTAND THAT QUESTION BECAUSE IF, IF WITH WHAT YOU'RE SAYING THAT WE SHOULDN'T EVEN HAVE THIS CASE, IT SHOULDN'T EVEN BE HERE.
THE, THE FENCE IS IN THE VISIBILITY TRIANGLE.
WHETHER OR NOT THE GATE IS OPEN IS NOT THE ISSUE WITH, WITH THE LOCATION OF THE FENCE.
THE VISIBILITY TRIANGLE ISSUE IS CREATED BY THERE BEING TRAFFIC GOING IN THROUGH THAT, THROUGH THE FENCE.
THE EXISTENCE OF THE FENCE DOESN'T CREATE THE VISIBILITY TRIANGLE.
IT'S THE ENTRANCE AND THE EXIT.
NO, THEY EXIST OF THE FENCE IS WHAT CREATES VISIBILITY.
I UNDERSTAND, BUT NOW THEY WANNA PUT UP A FENCE.
WELL, THAT'S WHAT'S TRIGGERING IT IN, IN ORDER FOR THEM TO USE THAT ENTRANCE NOW, THEY MUST HAVE A GATE.
SO IF, IF THEY'RE BUILDING A FENCE IN ORDER TO DRIVE INTO THAT DRIVEWAY, THERE HAS TO BE A WAY TO OPEN THE FENCE OR ELSE YOU CAN'T.
WHERE ARE YOU DRIVING INTO? THEY COULD JUST DO A FENCE TO THE CURB CUT.
THEY COULD, I MEAN, IT'S KIND OF DUMB.
BUT, UH, THEY COULD DO A FENCE ON THE FAR EASTERN PORTION AND THEN LEAVE IT OPEN FOR THE DEAL.
THEY BY RIGHT, RIGHT NOW CAN DRIVE IN AND OUT ALL THREE OF THEIR CURB CUTS.
IS THERE A VISIBILITY ISSUE? IF THERE'S NO GATE AND AND
[01:15:01]
THERE'S NO FENCE? NO.THAT'S WHICH IS, WELL, YEAH, I'M A FENCE.
AND NO, IF THERE'S NO GATE, IF THERE'S NO FENCE, THERE'S NO VISIBILITY ISSUE.
THERE'S THE CURB CUT OUT, THERE'S A FENCE.
IS THERE A VISIBILITY ISSUE BECAUSE OF THE CURB CUT OUT? DOES THAT CREATE THE VISIBILITY ISSUE OR THE EXISTENCE OF A WAY IN OUTTA THE GATE, THE FENCE AND THE GATE CREATE THE VISIBILITY ISSUE.
IF THERE WAS NO FENCE AND NO GATE, THERE WOULD BE NO VISIBILITY ISSUE.
SO IF THERE'S JUST A DRIVEWAY WITH NO FENCE OR NO GATE, THERE'S NO VISIBILITY TRIANGLE ISSUE.
IF THERE'S A, IF THERE'S A DRIVEWAY CUT OUT, JUST TAKE, TAKE IT OFF HERE A FENCE.
MR. HOKA, GO BACK ON YOUR MICROPHONE.
IF THERE'S A DRIVEWAY CUT OUT AND JUST A SOLID FENCE, NOT SOLID, BUT THE 80%, THE FENCE STILL ENCROACHES IN THE VISIBILITY TRIANGLE.
WOULD WE HAVE TO RULE ON THAT IF THERE WAS NO TRAFFIC GOING IN THROUGH THERE, WOULD WE HAVE TO BE RULING ON THAT? YES.
BECAUSE THE CODE REQUIRES ANY, ANY TIME.
I, I DON'T WANT TO READ THE CODE.
ANYTIME THERE IS WHERE IT, A FENCE CREATES, AN OBJECT CREATES.
WE HAD ONE A COUPLE MONTHS AGO, UH, A FENCE CREATED VISIBILITY TRIANGLE BETWEEN A ALLEY AND A STREET.
AND WE HAD, WE DENIED THE REQUEST.
'CAUSE WE WERE CONCERNED ABOUT THAT VISIBILITY TO THE ALLEY TO THE STREET.
THERE WERE CARS GOING, THERE WERE CARS GOING BY THAT.
IF ALL THEY PUT WAS A FENCE ON THE EAST SIDE OF THAT BUILDING AND THERE'S NO CARS GOING IN AND OUT, THEN I DON'T UNDERSTAND HOW THERE'S A VISIBILITY TRIANGLE PROBABLY THERE.
WELL, AS SOON AS THE FENCE GOES UP, IT CREATES LINE OF SIGHT BLOCKAGE.
THE QUESTION THEN IS, IS THIS LINE OF SIGHT BLOCKAGE OR IS THIS LINE OF SIGHT BLOCKAGE? OKAY, IF, IF, IF THE EXISTENCE OF THE FENCE CREATES THE, THE VISIBILITY TRIANGLE, THEN WHY ARE WE ONLY RULING ON AREAS WHERE THERE'S ENTRANCES AND EXITS THROUGH THE, THROUGH THAT FENCE? BECAUSE THAT IS WHERE A CAR WOULD GO IN AND OUT OF AND INTERSECTS PEDESTRIANS AND OR CARS AT THOSE THREE POINTS.
OH, EXCUSE ME, THOSE FOUR POINTS, WHICH IS MY, WHICH IS MY POINT.
IT'S THE, IT'S THE GATES THAT CAUSED THE VISIBILITY TRIANGLE PROBLEM, NOT THE FENCE.
GO MS. MS. BOARD ADMINISTRATOR, GO AHEAD.
SO I PULLED IT UP ON THE SCREEN IF YOU CAN LOOK, AND I'VE ZOOMED IN.
SO YOU SEE HERE, PART OF THE FENCE IS STILL WITHIN THE VISIBILITY TRIANGLE.
SO EVEN IF THEY DID NOT HAVE IT OPEN, IF THIS, IF THE SLIDING GATE WASN'T THERE, WE STILL HAVE THIS ISSUE OF THE FENCE WITHIN THE VISIBILITY TRIANGLE AT THE OH, REPEAT YOURSELF AGAIN.
SO THIS IS THE DRIVER APPROACH, BASICALLY LOOKING AT BOTH DRIVER APPROACHES.
YOU SEE THE FENCE, THE GREEN, LET'S DO THE EASTERN FIRST, THEN DO THE WESTERN.
SO THIS IS THE DRIVER APPROACH AND THIS IS THE SLIDING GATE.
SO EVEN IF WE REMOVE THE SLIDING GATE AT THE PICTURE, WE STILL HAVE THIS PORTION OF THE FENCE STILL WITHIN THAT VISIBILITY TRIANGLE.
BECAUSE IT GOES X AMOUNT OF FEET FROM THE STREET.
CORRECT? THAT'S THE TOP OF THAT TRIANGLE.
WHAT IS IT? UH, 10 FEET OR WHATEVER.
THAT'S WHERE THE POINT, THAT'S WHERE THE BY RIGHT VERSUS BY BY, BY, UH, BY, UH, PERMISSION.
SO THE GENESIS OF MY THANK YOU MR. HOBGOODS, THE GENESIS BOARD MEMBERS, UNTIL MR. DORAN BLEW IT TO HECK, THE, THE GENESIS OF MY, UH, GIVING YOU KBIT THERE, MICHAEL.
THE GENESIS OF MY QUESTION GOES TO IS THERE GONNA BE QUEUING GOING INTO THE, THE STREETS? AND, UM, THAT'S, SO MS. HAYDEN, MS. SO YOU HAVE 12 MS CARS THAT COULD POTENTIALLY PARK IN THERE.
AND THE QUEUING
I MEAN, UNLESS THEY MAKE, UNLESS IT'S RETAIL.
BUT I JUST DON'T SEE THAT AS A TRAFFIC HOUSE UNLESS IT'S THEY'RE ALLOWED TO USE RETAIL.
UNLESS IT'S RETAIL, THEN IT COULD BE, I, YOU KNOW, WE DON'T KNOW THAT THERE ARE PLACES.
I DON'T SEE IT AS A TRAFFIC HAZARD.
WHAT'S THE MOTION THAT'S ON THE FLOOR IS TO GRANT, UH, THIS REQUEST AND THE EASTERLY DRIVEWAY WITH THE CONDITION THAT THE GATES ARE KEPT OPEN DURING NORMAL BUSINESS HOURS.
I STILL AM OF THE OPINION THAT THAT CREATES THE MAXIMUM SAFETY ELEMENT.
SO WHAT OTHER DISCUSSION IS THERE, MR. DORN? DID, DID, DID YOU WANT TO ADD ANYTHING ELSE? KEEP THIS SCREEN UP HERE.
BUT MS. UH, BOARD ADMINISTRATOR, UM,
[01:20:02]
DID YOU HAVE ANY FURTHER SINCE YOU THREW THE HAND GRENADE? NOTHING FURTHER.I STILL THINK THIS GIVES THE APPLICANT AND THIS PROPERTY THE ACCESS TO THIS.
IT'S PART OF WHAT THEY HAD PUT IN, IN, IN THEIR ORIGINAL REQUEST.
I DON'T THINK THIS TIES THE HAND OF THE PROPERTY.
SO OTHER DISCUSSION ON THE MOTION.
THE BOARD SECRETARY WILL CALL THE MOTION.
WHAT'S ON THE FLOOR IS BO A 2 5 0 0 0 0 9 6, UH, TO GRANT THE VIS THE SPECIAL EXCEPTION TO VISIBLY TRIANGLE ON THE EASTERLY DRIVEWAY ALONG SWISS AVENUE.
I FORGOT WHICH WRONG? YES, WE'RE ON, WE'RE ON MOTION.
MR. KOVI NAY, MR. CHAIRMAN? AYE.
MOTION TO GRANT PASSES FOUR TO ONE IN BO A 2 5 0 0 0 0 9 6.
THE BOARD GRANTED ON A VOTE OF FOUR TO ONE THE REQUEST FOR A SPECIAL EXCEPTION TO THE EASTERN LEAGUE DRIVEWAY APPROACH, 20 FOOT VISIBLY TRIANGLE.
UM, YOU'LL GET A EMAIL FROM THE BOARD SECRETARY ON THAT ONE, MS. DAVIS.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 4 0 9 6 ON APPLICATION OF COLIN FINNEGAN GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE AT THE INTERSECTION OF NORTH GOOD LATIMER EXPRESSWAY AND SWISS AVENUE AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARD TO THE PORTION AND VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED IN THE MATTER.
MS. DAVIS HAS MOVED TO GRANT THE REQUEST TO MAINTAIN A 40 FOOT, UH, A SPECIAL EXCEPTION IN THE 40 FOOT VISIBLY TRIANGLE AT THE INTERSECTION IN NORTH GOOD LA AND SWISS AVENUE.
IS THERE A SECOND? I'LL SECOND.
BELIEVE ME, I WAS GONNA GET THERE.
ALRIGHT, IT'S SECONDED BY MS. HAYDEN.
DISCUSSION OF THE MOTION, MS. DAVIS? I DON'T HAVE ANY FURTHER DISCUSSION.
WELL, THIS ONE'S A LITTLE BIT DIFFERENT BECAUSE IT IS ON GOOD LATIMER AND SWISS AVENUE TWO STREETS AND NOT JUST A DRIVEWAY.
UM, AND I'M A STICKLER FOR THE VISIBILITY TRIANGLE, ESPECIALLY IN THE SITUATION, BUT I THINK THE, UM, PRESENTATION SHOWED THAT THIS AND THE FACT THAT GOOD LATIMER IS ONE WAY, UM, AND THAT I DON'T, I DON'T SEE THIS VISIBILITY TRIANGLE ISSUE TO CAUSE A TRAFFIC HAZARD.
I THINK THAT WE SAW IN THE BRIEFING THIS MORNING, IN THE TEST OF THIS AFTERNOON THAT CLEARLY THE, THE LINE OF SIGHT IS, UH, THE LINE OF SIGHT NECESSARY REALLY IS TO THE SOUTH.
AND IT LOOKED CLEAR TO US AT LEAST FROM WHERE WE PUT OURSELVES.
UH, THE LINE OF SIGHT FOR A POTENTIAL PEDESTRIAN FROM THE NORTH SEEMED TO BE CLEAR ENOUGH THAT I'M CALM ABOUT IT BEING A TRAFFIC HAZARD.
SO THIS IN THE CORNER, I THINK IS A, IS IS CLEAN, CLEAR CUT DISCUSSION ON THE MOTION, THE MOTION ON THE FLOOR BO OA 2 5 0 0 0 0 9 6 IS TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION IN THE 45 FOOT VISIBLY TRIANGLE NORTH GOOD LADDER AND SWISS AVENUE.
THE BOARD SECRETARY WILL CALL THE VOTE MR. DORN AYE.
MOTION TO GRANT PASSES FIVE TO ZERO BO 8 2 5 0 0 0 9 6.
IT WAS, WE APPROVED GRANTED, UH, BY A VOTE OF FIVE TO ZERO UNANIMOUSLY TO GRANT YOUR REQUEST FOR SPECIAL EXCEPTION IS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION OF NORTH GOOD LATIMER AND SWISS AVENUE.
LAST MOTION MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH 4 0 9 6 ON APPLICATION OF COLIN FINNEGAN GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE MOST WESTERLY DRIVEWAY APPROACH ALONG SWISS AVENUE HAS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARD TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED.
AND THE DRIVEWAY FENCE GATE MUST BE MAINTAINED IN THE OPEN POSITION DURING THE BUSINESS'S NORMAL HOURS OF OPERATION BOA 2 5 0 0 0 9 6.
MS. DAVIS HAS MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR THE VISIBILITY TRIANGLE IN THE
[01:25:01]
WESTERN LEE DRIVEWAY APPROACH ALONG SWISS AVENUE.MS. DAVIS? NO FURTHER COMMENTS FROM ME.
DISCUSSION MS. HAYDEN? I THINK WE'VE DISCUSSED IT ENOUGH.
MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER BO OA 2 5 0 0 0 0 9 6.
THE BOARD UNANIMOUSLY ON A VOTE OF FIVE TO ZERO.
GRANT YOUR REQUEST FOR A SPECIAL EXCEPTION FOR THE WEST WESTERLY DRIVER APPROACH ALONG SWISS AVENUE, UM, WITH THE ADDITIONAL CONDITION ABOUT KEEPING THE GATES OPEN.
GOOD LUCK IN RENTING YOUR BUILDING.
LAST ITEM ON THE AGENDA TODAY IS BO OA 25 DASH 0 0 1 0 1.
THANK YOU VERY MUCH, MS. BOARD SECRETARY, UH, WHAT SPEAKERS DO WE HAVE REGISTERED FOR? UH, 26 28 MAPLE AVENUE.
IF YOU'D GIVE US YOUR NAME AND ADDRESS AND GO AHEAD AND BE SWORN IN BY OUR BOARD SECRETARY.
UH, JONATHAN VINCENT, 2323 ROSS AVENUE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UM, MR. CHAIR, I, I'M HERE TODAY TO ASK FOR A POSTPONEMENT OF THIS ITEM TILL YOUR NEXT MEETING ON APRIL THE 14TH.
UM, AND I CAN EXPLAIN WHY I THINK IT'S, UH, A VERY GOOD REASON.
IT WOULD BE BENEFICIAL NOT JUST TO US AS THE APPLICANT, BUT ALSO TO YOU AS A BOARD AND THE CITY, UM, IN GENERAL.
AND JUST TO BE BRIEF, THAT REASON IS THAT WE HAVE DONE SOME FURTHER EVALUATION, REFINEMENT CALCULATION, WHATEVER WORD YOU WANNA USE ON THE NUMBER OF SPACES ON THE SITE THAT ACTUALLY QUALIFY UNDER CURRENT DEVELOPMENT CODE.
AND THAT NUMBER TURNS OUT TO BE A LITTLE BIT DIFFERENT THAN WHAT WE ORIGINALLY DETERMINED, UM, THROUGH OUR PARKING STUDY.
QUALIFIED MEANING, UM, REQUIRED OR YOU MEAN? UH, THAT CAN COUNT.
STRICTLY SPEAKING, TECHNICALLY UNDER THE DEVELOPMENT CODE.
AND BY THAT I MEAN THERE'S ONE SPACE WE'VE IDENTIFIED THAT APPEARS TO BE IN A VISIBILITY TRIANGLE, UM, AND A NUMBER OF SPACES.
UM, AND WE WILL CONFIRM THESE NUMBERS, UM, AT LEAST FIVE SPACES THAT APPEAR TO REQUIRE MANEUVERING INTO THE ALLEY THAT YOU SAW IN THE BRIEFING.
UM, SO THOSE SPACES HAVE BEEN THERE SINCE THE 1970S.
EVERYBODY USES THEM AS A PRACTICAL MATTER.
BUT WHAT KEEPS ME UP AT NIGHT, UM, THAT PHRASE THAT, YOU KNOW, WE USE IT A LOT
AND AN INSPECTOR OR A PLANS EXAMINER THERE SAYS, HANG ON A SECOND.
YOU CAN'T COUNT THOSE SPACES BECAUSE THEY MANEUVER IN THE ALLEY OR FOR WHATEVER REASON.
SO FOR OUR BENEFIT, FOR YOUR BENEFIT FOR THE CITY'S BENEFIT, WE WANNA BE STRICTLY ACCURATE IN TERMS OF OUR MATH, IN TERMS OF WHAT WE CAN COUNT AND NOT COUNT.
PART OF MY PITCH, UM, NEXT MONTH, IF YOU, UH, SEE YOUR WAY TO ALLOW US TO DO THAT IS TO SAY, WELL, YOU KNOW, AS A PRACTICAL MATTER, THESE SPACES HAVE BEEN THERE FOR 50 YEARS, PEOPLE USE THEM.
UH, THEY'RE PROBABLY ARGUABLY LEGAL NON-CONFORMING FROM SORT OF A, AN EQUIVALENT OF THE STRUCTURAL STANDPOINT.
UH, BUT I DON'T WANT TO TAKE THAT RISK.
I WANNA MAKE SURE THE NUMBERS ARE COMPLETELY ACCURATE, UM, THAT WE KNOW WHAT WE'RE DOING UNDER CODE AND THAT, YOU KNOW, WE CAN PRESENT YOU WITH THOSE NUMBERS AS WELL.
SO I AM HAPPY AND MAYBE IT'S A GOOD IDEA IF YOU WANT TO ENTERTAIN ME TO BRIEFLY RUN THROUGH WHAT WE CURRENTLY HAVE AS OUR PRESENTATION WITH THE CAVEAT THAT THE NUMBERS ARE GONNA CHANGE A LITTLE BIT.
AND OF COURSE, YOU KNOW, WE WILL AMEND THE BUILDING OFFICIALS REPORT, WE'LL AMEND THE NOTIFICATION AND RE-NOTICE, UM, WE WILL UPDATE OUR MATERIALS SO YOU'LL HAVE ACCURATE NUMBERS GOING FORWARD.
YOU KNOW, OBVIOUSLY, WE'LL, UH, WE'LL DO ALL THAT.
AND BY THE WAY, I WANNA SAY, YOU KNOW, STAFF HAS BEEN GREAT.
THIS IS NOT ANYTHING ON STAFF.
IT'S, OUR NUMBERS HAVE CHANGED AND SO WE THINK WE NEED TO RE-NOTICE THIS AND MAKE THEM ACCURATE.
UM, I, I'M GONNA MAKE A COMMENT AND THEN I I'LL, IT'S UP TO THE BOARD WHETHER THE BOARD DECIDES TO HOLD OVER OR HAVE THE HEARING TODAY BECAUSE THIS WAS NOTIFIED AND ADVERTISED AND ALL THOSE SORT OF THINGS.
OF COURSE, WE WANT ACCURATE INFORMATION AND THOROUGH INFORMATION.
UM, I DIDN'T SEE YOU HERE DURING
[01:30:01]
THE BRIEFING, BUT HOPEFULLY YOU HEARD SOME OF THE COMMENTS AND CONCERNS.UH, I WAS CONCERNED THAT IN OUR STAFF PROFESSIONAL WRITEUP, WE DIDN'T HAVE, UH, A EX A, A THOROUGH INDEPENDENT CALCULATION AND VERIFICATION OF, OF THE SQUARE FOOTAGE AND USE, WHICH WOULD REQUIRE X IN PARKING ACCORDING TO PD 1 93.
BECAUSE THAT'S WHAT'S CONTROLLING, IT'S NOT BASE ZONING, IT'S ZONING WITHIN PD 1 93.
UM, AND THAT'S IMPORTANT TO ME.
UM, NOW WHAT THE STAFF PUTS IN THEIR PRESENTATION ISN'T REALLY YOUR BUSINESS.
YOU DON'T FIND OUT UNTIL WE FIND OUT SEVEN DAYS BEFORE, UM, I, YOU HAD SUBMITTED TWO SEPARATE LETTERS, ONE MARCH 4TH AND THE OTHER, HOLD ON A SECOND IN HERE, FEBRUARY SOMETHING, I CAN'T REMEMBER.
BUT THERE WERE TWO LETTERS IN HERE.
SO, AND IT, IT PROVIDED INFORMATION, WHICH IS GOOD.
UM, BUT IF WE WERE TO CONSIDER, AT LEAST MY OPINION, IF WE WE'RE CONSIDERED TO POSTPONE THIS, I WOULD ENCOURAGE YOU AND THE STAFF TO GET YOUR NUMBERS CORRECT.
AND INDEPENDENTLY, I'M SPEAKING TO YOU, MISS BOARD ADMINISTRATOR INDEPENDENTLY IN YOUR PROFESSIONAL ROLE, COME UP WITH A CALCULATION FOR PARKING REQUIREMENTS FOR USES CONSISTENT WITH WHAT PD 1 93 SAYS.
'CAUSE THAT'S WHAT WE'RE TALKING ABOUT HERE.
IT'S NOT BASE ZONING AGAIN, IT'S 1 93 MM-HMM
SO I, WE'RE LOOKING FOR WHAT THE PROFESSIONAL STAFF SAYS AND THEN WE COMPARE THAT WITH THE APPLICANT.
AND IF IT'S THE SAME HUNKY DORY, THEN WE, THEN WE KNOW OUR FIELD OF VISION.
IF IT'S DIFFERENT, IT BEGS THE QUESTION, RIGHT? BUT IF WE DON'T HAVE THAT INDEPENDENT ARMS LENGTH COMING FROM THE PROFESSIONAL STAFF, THEN WE HAVE TO, WE HAVE TO TAKE EVERYTHING THAT THE APPLICANT SAYS AND EVERY PARKING STUDY WE EVER GET ALWAYS SAYS YOU GOT THE RIGHT NUMBER ON THE GROUND.
HUH? SO THAT WAS IN A SHOT AT YOU.
THAT'S JUST A SHOT AT THE WORLD.
SO I DON'T THINK IT'S NECESSARY TO BRIEF IT TODAY.
I WANTED FOR YOU TO PRESENT TODAY, IF THAT'S THE OPINION OF THE BOARD.
I WANTED THE BOARD TO HEAR THE BRIEFING THIS MORNING.
'CAUSE AFTER I WENT THROUGH IT, I CAN SEE IT'S, IT'S, IT HAS CHALLENGES AS WELL AS THE FACT THAT THE STAFF HAD RECOMMENDED DENIAL.
AND, UM, I HAD HEARD THAT THEY, THAT YOU AS THE APPLICANT WANTED TO POSTPONE THIS.
SO I JUST WANT, IT'S WORTH US HAVING A LITTLE BIT OF THE TIME TO ABSORB THAT.
IS IT THE SENTIMENT OF THE, OF THE BOARD TO CONSIDER POSTPONING THIS OR DO YOU WANT TO HAVE THE HEARING, YOU WANT HIM TO BRIEF US TODAY FURTHER AND THEN POSTPONE IT OR MAYBE HAVE THE HEARING AND MAKE A DECISION? WHAT'S THE SENTIMENT, MR. HVI? IF WE HEAR IT TODAY, THEN WE HAVE TO HEAR IT AGAIN.
WHAT IT WANTS TO, IF THEY, IF IF DATA CHANGES, OH, DATA'S AND WE HEAR IT TODAY, I THINK WE'RE HEARING THE DATA'S CHANGING.
THEN WE WOULD HAVE TO HEAR IT AGAIN.
DID THE CHAIRMAN EARLIER SAY WE HAVE AN EXTREMELY HEAVY CASELOAD IN APRIL? WE DO, BUT YOU KNOW, THINGS CHANGE.
WE HAD SIX CASES FOR TODAY, IT TURNED INTO FOUR.
SO I NEVER KNOW WHAT OUR CASELOAD IS.
I MEAN, MS UH, MS. BOARD SECRETARY SENDS ME A SPREADSHEET EVERY MONTH THAT SHOWS THE THINGS AND IT SHOWED SIX FOR, FOR MARCH AND TWO DISAPPEARED OR GOT SETTLED OR WITHDRAWN.
SO I, I HAVE NO OBJECTION TO POSTPONE IT.
DID YOU WANT TO HEAR ANY OTHER BRIEFING FROM THE APPLICANT FROM YOUR PERSPECTIVE? I, I'M FINE WITH, WE'VE GOT BRIEF THIS MORNING, WE'VE GOT INFORMATION, BUT GIVEN THE DATA IS POTENTIALLY CHANGING AND I WANT MORE CONFIRMED DATA FROM STAFF, I ALMOST DON'T WANT ANY, WANNA KNOW MORE YET.
SO, BUT THAT'S UNTIL THE, THAT'S ALL FIRMED UP.
BUT I'LL LEAVE THAT TO THE AUSPICES OF THE, THE PANEL.
AM I SEEING HEAD SHAKING? OKAY.
SO THERE NO NEED FOR TO PREFER TO HAVE ANY OTHER BRIEFING.
ONE OTHER QUESTION FOR THE STAFF.
IS THERE ANY OTHER STATED OPPOSITION YET? NOT RIGHT NOW.
I'M GONNA DO IT ON THE OPEN RECORD HERE.
IS IT APPROPRIATE FOR AN APPLICANT TO TRY TO PERSUADE THE STAFF TO CHANGE THEIR RECOMMENDATION AFTER YOU MADE YOUR RECOMMENDATION? I DIDN'T SAY THE APPLICANT.
SO NORMALLY YOU, I ASSUME YOU DON'T TELL AN APPLICANT WHAT YOU'RE RECOMMENDING UNTIL THE CASE IS REVEALED.
SOMETIMES THEY REACH OUT AND ASK IF WE'VE COME TO A RECOMMENDATION.
AND WE LET 'EM KNOW AND WE STAY AT A, WE DON'T KNOW ANYTHING UNTIL SEVEN DAYS IN ADVANCE.
SO IS IT APPROPRIATE FOR AN APPLICANT AN APPLICANT TO TRY TO CHANGE THE STAFF'S OPINION
[01:35:01]
ON A RECOMMENDATION? I WOULD SAY THAT THE BURDEN OF PROOF IS ON THEM.SO IF THEY HAVE SUFFICIENT ADDITIONAL EVIDENCE THAT THEY WOULD LIKE TO PROVIDE TO STAFF THAT WILL HELP RENDER IN MAKING.
MS. BOARD ADMINISTRATOR, I THOUGHT YOU WERE GONNA SAY NO, BUT THAT'S A VERY GOOD ANSWER.
'CAUSE YOU'RE RIGHT, IT'S UP TO AN APPLICANT.
SO YOUR RECOMMENDATION COULD CHANGE BETWEEN NOW AND THEN COULD POSSIBLY CHANGE YES, DEPENDING ON THE EVIDENCE THAT WE RECEIVE FROM AN APPLICANT.
YES, MS. DAVIS, I HAVE A QUESTION FOR THE CHAIRMAN.
I, IS IT APPROPRIATE FOR US TO DISCUSS OUR CONCERNS ABOUT THE CASE SO THEN WHEN THE APPLICANT COMES BACK, MAYBE THEY'RE PRESENTING SOMETHING THAT IS MORE CLOSELY ALIGNED WITH WHAT MAY PASS? SO MY BOARD ATTORNEY WILL CORRECT ME ON THIS IF I'M WRONG, BUT WE DO HAVE A LEGITIMATELY ADVERTISED POST CASE.
A PUBLIC HEARING'S CALLED, IT WAS BRIEFED THIS MORNING.
SO YES, WE COULD HAVE A CONVERSATION NOW TO WHATEVER EXTENT WE WANTED TO, WE COULD LET HIM MAKE A SKINNY PRESENTATION OR WE COULD JUST GIVE HIM FEEDBACK.
RIGHT NOW IT'S ALL IN THE PUBLIC HEARING, SO IT'S ALLOWED WE COULD DO THAT.
IS THAT CORRECT? IT'S ALL THAT IS CORRECT.
SO YES, THE ANSWER TO YOUR QUESTION IS YES AND IT COULD BE WORTHWHILE.
I I WOULD ENCOURAGE US TO GIVE SOME FEEDBACK NOW, OTHERWISE, 'CAUSE WE, I I KNOW WE ALL HAVE CONCERNS JUST BASED ON THE DISCUSSION.
OTHERWISE, IF WE POSTPONE, THEY'RE GONNA COME BACK AGAIN AND THEN THEY'RE GONNA COME BACK AGAIN AND POSSIBLY COME BACK AGAIN.
SO IF WE CAN SAVE A LITTLE BIT OF TIME BY GIVING YOU SOME INITIAL FEEDBACK, IF THAT'S APPROPRIATE, ABOUT OUR CONCERNS OF THIS CASE.
I KNOW THAT I HAVE CONCERNS AND I CAN GIVE MY FEEDBACK, BUT AGAIN, I JUST WANNA MAKE SURE I'M BEING APPROPRIATE HERE.
ANYONE WHO WANTS TO SPEAK FOR OR AGAINST THIS REQUEST, UM, CAN, THE STAFF GAVE US A PRESENTATION IN THEIR OPINION THIS MORNING.
SO YES, IT IS ABSOLUTELY IN ORDER.
AND THEN THE BOARD CAN DECIDE TO APPROVE, DENY, OR HOLD OVER.
THAT'S UP TO THE, THE, THE DECISION OF THE BOARD.
SO, UM, I'M GONNA TELL YOU MR. VINCENT, THAT WE'RE GONNA HOLD OFF.
YOU MAKE AN ADDITIONAL PRESENTATION.
LUCKY YOU INSTEAD, WE CAN GIVE SOME FEEDBACK.
HOW'S THAT? SO GREAT MS. DAVIS, START OFF.
I I HAVE SIGNIFICANT FEEDBACK THAT YOU'RE ASKING FOR 40% REDUCTION IN PARKING.
AND THERE'S NO OTHER PLACE TO PARK.
AND THE RESTAURANTS THAT ARE IN THAT AREA ALL USE VALET.
AND AM I, ARE WE CORRECT IN ASSUMING YOU ARE NOT PROMISING VALET FOR THIS PROPERTY? ACTUALLY, I DON'T KNOW THE ANSWER TO THAT AT THIS TIME.
I WAS ASKED THAT QUESTION AT OAK LAWN COMMITTEE AS WELL.
AND TO ME THAT'S AN OPERATOR QUESTION.
UM, I I A HUNDRED PERCENT HEAR WHAT YOU'RE SAYING AND I WILL TAKE THAT BACK TO THEM.
THIS ONE BOARD MEMBER WILL NOT SUPPORT THIS WITH THAT MUCH OF A IT, THAT VARIANCE IS SO SIGNIFICANT.
YOU'D HAVE TO BE VERY, VERY CLOSE TO THE REQUIRED PARKING SPACES FOR THIS PERS THIS ONE BOARD MEMBER TO CONSIDER THAT.
OTHER COMMENTS ABOUT THE PENDING CASE, MR. DORN? MR. BENSON, WHEN YOU'RE, WHEN YOU RETURN, UH, THERE ARE TWO ISSUES.
THE FACT IT IS REDUCED BY 40%, BUT HOW MANY OF THOSE SPACES WOULD ASSOCIATES NEED THAT RUN THE BUSINESSES? THAT WOULD BE YOU MEAN LIKE EMPLOYEES? YES.
YEAH, THAT'S, I ALSO GOT THAT QUESTION AT THE OAK LAWN COMMITTEE AS WELL.
AND BY THE WAY, THEY'RE SUPPORTING THIS.
UM, TO ME, YOU KNOW, I'M
UM, AND WE WILL, ANOTHER, JUST AS A SIDEBAR, UM, ANOTHER REASON THAT I WOULD RESPECTFULLY ASK THIS, THIS TO BE HELD OVER IS WE'LL GET THE WHOLE TEAM HERE.
WE'LL GET STEVE STONER ON TRAFFIC.
WE'LL GET THE OWNERSHIP, YOU KNOW, UM, THE PROSPECTIVE USER, OAK LAWN COMMITTEE.
I MEAN, WE'LL HAVE A BOY, YOU, YOU, YOU PLAY WITH A DANGEROUS CARD BY VIRTUE OF SAYING THAT, IMPLYING THAT YOU DIDN'T BRING HIM TODAY FOR A CALLED HEARING BASED ON YOUR REQUEST.
IF ALL OF A SUDDEN WE SAY, NO, LET'S HEAR TODAY, BOY, THAT'S A GAMBLE.
NOW I'M PRE PRE-PROGRAMMED TO ALLOW A PERSON A, AN APPLICANT TO HAVE A HOLDOVER.
BUT IF THERE WAS OPPOSITION, I'D REALLY HESITANT.
SO THAT, THAT'S A REAL GAMBLE MR. VINCENT, THAT YOU ARE TAKING, THAT YOU DIDN'T BRING YOUR, YOUR GAME READY TODAY.
THAT YOU ASSUME BY TELLING STAFF A WEEK AGO YOU WANTED TO POSTPONE.
'CAUSE THE STAFF DOESN'T MAKE THAT DECISION.
[01:40:01]
I UNDERSTAND.I MEAN, I, YOU PROBABLY REGRET JUST SAYING WHAT YOU SAID, BUT, UH, WHOA, WE FELT LIKE IT WAS A REASONABLE REQUEST AND WE WERE AWARE THERE WAS NO OPPOSITION.
IT, IT, IT'S THE BOARD'S DECISION WHETHER IT'S REASONABLE OR NOT.
AND I MAY BE A TOUGH SOB, WE MAY BE TOUGH, BUT WE'RE REASONABLE.
THE LAST CASE IS A PERFECT EXAMPLE.
WE STRUGGLED BECAUSE OF WHAT'S REASONABLE.
SO SORRY TO INTERRUPT MR. DORN, BUT WHOA, IN ANY EVENT, UH, BACK TO MR. DORAN'S QUESTION.
UM, YOU KNOW, I SPENT A LOT OF TIME OVER THE YEARS WORKING WITH PARKING.
THAT'S A HUGE SUBJECT IN TERMS OF LAND USE REGULATION IN DALLAS.
AND IN MY EXPERIENCE, IN ANY PARKING RATIO, BE IT THE OLDER ONES, THE NEWER ONES, UM, EMPLOYEE PARKING IS BAKED INTO THOSE RATIOS.
SO SUPPOSEDLY THAT TAKES INTO ACCOUNT PARKING FOR EMPLOYEES NOW, UM, JUST AS A GENERAL PROPOSITION, AND I'M, YOU KNOW, NOT GONNA OFFER THIS UP AT THIS POINT, BUT THERE ARE OTHER WAYS TO HANDLE THAT, LIKE OFFSITE PARKING FOR EMPLOYEES, THINGS LIKE THAT.
UM, BUT TYPICALLY THAT'S ACCOUNTED FOR IN THE PARKING RATIO NUMBER FROM MY UNDERSTANDING.
UH, MY FOLLOW UP QUESTION IS HOW MANY OF THE SPACES ARE ALLOCATED FOR A DA? THAT IS A VERY GOOD QUESTION.
I DON'T KNOW THE ANSWER TO THAT, BUT I'LL GET THAT FOR YOU BECAUSE THAT WOULD TECHNICALLY REDUCE YOUR REALLY AVAILABLE SPOTS FOR OTHERS.
I'M NOT AN ENGINEER, BUT THAT'S
WE HAVE SOMEBODY ELSE WHO HAVE MORE EXPERTISE IN THAT.
UM, SO WE'VE HEARD THE CONCERN ABOUT 40% REDUCTION.
WE'VE HEARD THE CONCERN ABOUT, UH, EMPLOYEE USAGE.
WE'VE HEARD THE CONCERN ABOUT, UM, A DA USAGE OR ALLOWANCE.
UM, WE'VE HEARD THE CONCERN ABOUT VALET PARKING.
UM, I STILL HAVE A CONCERN, AS WAS VOICED THIS MORNING AS IT RELATES TO THE ALLOCATION OF WHAT YOU, WHAT I WAS TOLD THIS MORNING WAS RETAIL AND BAR AND RESTAURANT AND THE RATIO OF TWO 20 TO ONE, 100 TO ONE AND THEN, UH, SOME CAP MITIGATING CALCULATION THAT I DON'T UNDERSTAND YET.
I'VE GOT THIS STUFF IN HERE AND I'M GONNA SAVE ALL MY NOTES.
AND I'D RECOMMEND IF YOU GUYS TOOK ANY NOTES, SAVE IT FOR THE NEXT HEARING.
BUT THESE ARE ALL LEGITIMATE CONCERNS.
UM, UH, HOW DO WE SAY THIS? NOW? NONE OF US ARE EXPERTS ON ANY AREA OF THE CITY, BUT WE TRAVEL OUR CITY AND THE, THE, THE WONDERFUL THING ABOUT UPTOWN IS IT'S GROWING AND IT'S DEVELOPING.
THE HARD THING IS IT'S GROWING AND IT'S DEVELOPING MM-HMM
AND I DON'T KNOW WHERE WHERE PEOPLE PARK UNLESS IT'S BY SOME OF THESE COMPONENTS OR UNDERGROUND PARKING.
THAT, AND SO A 40% REDUCTION IS A TALL ORDER.
THE PROPERTY'S EMPTY CURRENTLY, CORRECT? THAT IS CORRECT.
UM, AND THERE WAS QUESTIONS THIS MORNING ABOUT 26 28 MAPLE VERSUS 24 0 4 CEDAR SPRINGS VERSUS 24 0 8 CEDAR SPRINGS.
CAN YOU ENLIGHTEN US BRIEFLY? I WILL TRY.
I'VE SEEN ALL THREE OF THOSE ADDRESSES USED FOR VARIOUS PURPOSES OVER THE YEARS FOR ADDRESSING LIKE, YOU KNOW, WAYFINDING AS WELL AS, YOU KNOW, PERMITTING ON THE CITY'S WEBSITE, THINGS LIKE THAT.
UH, IT'S ONE LOT ONE BUILDING.
UM, IT'S ONE PLAT, I BELIEVE THAT'S, LET ME DOUBLE CHECK THAT.
'CAUSE YOU KNOW, SOME OF THOSE PROPERTIES IN OAK LAWN, THEY, THEY WERE BUILT ON BEFORE THEY WERE PLATTED.
UM, IF THEY WERE GONNA EXPAND THIS, IT WOULD HAVE TO BE PLATTED.
WELL, THE REASON I, IT IS ONE TAX PARCEL.
THE REASON I, I HEAR YOU, THE REASON I SAY PLAT IS BECAUSE, I MEAN, WE DON'T, WE, WE ONLY DEAL WITH PLATS, CORRECT.
SO IF IT'S MORE THAN ONE PLAT, IT, IT HAS TO BE TWO SEPARATE CASES.
UH, THIS IS ONE, LET ME, AND WE'RE GETTING UP
WE'RE SURE IT'S A LEGAL BUILDING SITE, WHICH IS NOT NECESSARILY EXACTLY THE SAME THING AS A PLATTED LOT.
I KNOW SHE KNOWS THAT VERY WELL.
YOU KNOW, THERE ARE WAYS TO HAVE A LEGAL BUILDING SITE IF IT'S BEEN UTILIZED OVER THE YEARS AND HAS RECEIVED PERMITS.
I DON'T EVEN, I DON'T WANNA GET TOO DEEP IN THE WEEDS ON THAT, BUT THIS IS AT LEAST A LEGAL BUILDING SITE.
WELL, ACTUALLY THE NOTIFICATION, UM, IT'S, YEAH, IT
AND I DON'T THINK WE SEE, WE HAVE IN OUR PACKET, WE DON'T, WE'VE GOT AN AERIAL MAP.
WE'VE GOT A ZONING MAP, BUT I DON'T SEE ANYTHING AS IT RELATES TO THE PLAT MAP OR TO, TO, UM, AT LEAST I DON'T SEE THAT.
IS THAT WHEN I WENT THROUGH IT HERE? I'VE GOT ANOTHER ARROW MAP HERE.
SO THAT JUST BEGS THE QUESTION OF ARE WE DEALING WITH LOT 13, 15, 17, 19 THAT THESE ARE, AS MS. DAVIS
[01:45:01]
SUGGESTED, THESE ARE QUESTIONS FOR TO, TO LOAD YOU UP.THE OTHER THING IS, ARE EACH OF THE BUILDINGS INTERCONNECTED? IT'S ESSENTIALLY ONE BUILDING AS I UNDERSTAND IT.
SO HOW DO YOU HAVE ONE BUILDING IN, OH, IT'S ONE BUILDING.
BUT IT COULD BE DEMISING WALLS BETWEEN EXACTLY.
IS THERE A FIREWALL? UM, NOT THAT I KNOW OF.
UM, WE CAN GET THAT IN THAT WOULD DESIGNATE A SEPARATE, THAT WOULD DESIGNATE A INTENDED TO BE A SEPARATE STRUCTURE.
I'M NOT IF THERE'S A FIREWALL BETWEEN THAT.
WE, WE HEARD THIS MORNING THAT THE RETAIL'S 91 69, THE BAR RESTAURANT IS 33 98.
SO, SO I THINK ALL THESE THINGS ARE QUESTIONS FOR US.
AND IT JUST GIVES US DOUBT, NOT NOT NEGATIVE, BUT JUST GIVES US DOUBT BY WHAT'S REALLY GOING ON HERE.
HOW MANY BUILDINGS, HOW MANY PLAS.
DO YOU WANNA KNOW THE ANSWERS AND TOTALLY UNDERSTANDABLE AND REASONABLE.
I, IN OUR, IN OUR PARKING STUDY, WE DO HAVE, UH, FLOOR PLANS WHICH INDICATE THE SQUARE FOOTAGE AND THE USES.
UM, AND I KNOW THERE WERE SOME DISCUSSION, IF YOU, IF YOU'LL INDULGE ME JUST FOR A SECOND, UM, ON THE MIXED USE PARKING CALCULATIONS, AND ACTUALLY IN PD 1 93, THERE'S A SECTION, UM, IN THE OFF STREET PARKING REGULATIONS IN PD ONE.
THIS IS MY DESK COPY THAT I'VE HAD FOR MM-HMM
IT HASN'T CHANGED IN LONGER THAN THAT.
I'VE GOTTEN, PD 1 93 HAS KEPT ME BUSY OVER THE YEARS.
UM, THERE IS A SECTION IN TITLE MIXED USE DEVELOPMENT OPTION, AND IT ACTUALLY REFERS YOU TO A CITY PROMULGATED CHART, WHICH IS, I'LL JUST SHOW YOU THIS.
I KNOW YOU CAN'T READ THIS FROM THERE.
AND THIS IS THE REQUIRED CITY REQUIRED MIXED USE PARKING CHART.
AND IT EVEN HAS PERCENTAGES AND DIFFERENT USE CATEGORIES AND THINGS LIKE THAT.
SO IT'S, IT'S, IT'S A MORE OBJECTIVE CALCULATION.
UM, SHOULD BE THAN, YOU KNOW, JUST SOMEBODY ALLEGING, YOU KNOW, THIS IS WHAT WE THINK IT IS.
WE, WE ACTUALLY HAVE TO USE THIS CHART TO MAKE THOSE CALCULATIONS.
WELL, I THINK THESE ARE ALL, UM, REASONABLE QUESTIONS FOR US, UH, FOR YOU AS THE APPLICANT.
UH, I'M TRYING TO READ SOMETHING BECAUSE, UH, YOU KNOW, HERE I DO, I DO THIS ALL THE TIME.
WHAT OUR CRITERIA IS, HOLD ON.
OH, IT, IT'S A VARIANCE REQUEST.
IT'S NOT A SPECIAL EXCEPTION REQUEST.
IF I READ, BECAUSE PD 91 93 DOES NOT ALLOW SPECIAL EXCEPTIONS FOR PARKING.
THE, THE, THE SPECIAL EXCEPTION LANGUAGE IN THE DEVELOPMENT CODE IN 51 A SAYS THAT YOU CAN'T ASK FOR A SPECIAL EXCEPTION IN A PLAN DEVELOPMENT DISTRICT THAT SETS ITS OWN PARKING RATIOS.
SO OUR CRITERIA IS NOT THE SPECIAL EXCEPTION CRITERIA, BUT IT IS IN THE VARIANCE CRITERIA.
NOT COUNTRY OF PUBLIC INTEREST.
NECESSARY PERMIT DEVELOPMENT OF SPECIAL PARCEL OF LAND AND NOT GRANTED TO RELIEVE A SELF-CREATED PERSONAL HARDSHIP.
YOU KNOW, THAT NUMBER THREE IS THE BUGABOO BECAUSE YOU'RE HERE ASKING FOR SOMETHING THAT IS SELF-CREATED AT A POTENTIAL PERSONAL HARDSHIP.
I MEAN, I RESPECTFULLY, YOU KNOW, DON'T YEAH.
AND, AND I, I OF COURSE APPRECIATED THE STAFF RECOMMENDATION BECAUSE THEY DID, YOU KNOW, IF YOU LOOK AT THE STAFF RECOMMENDATION, IT, UM, YES.
THE BOTTOM LINE IS IT'S FOR DENIAL.
BUT I THINK THEY WERE VERY CAREFUL TO GO THROUGH THE DIFFERENT VARIANCE CRITERIA AND OPINE ON THOSE.
AND SOME OF 'EM, I THINK THEY THOUGHT WERE PRESENT AND SOME NOT.
WELL, SO I, I DID READ THE CONNECTION ON, UM, THAT IT DOESN'T ALLOW THE SPECIAL EXCEPTION, BUT IT IF IT SETS A PD SETS, SO IT'S A VARIANCE.
ANY OTHER FEEDBACK FOR THE APPLICANT AT THIS JUNCTURE? WE OBVIOUSLY HAVE SOME HOMEWORK TO DO, WHICH WE'RE HAPPY TO HAVE THE OPPORTUNITY TO DO.
UH, IS APRIL 14TH SUFFICIENT TIME PERIOD OR DO YOU WANT TO GO TO MAY? UM, APRIL 14TH.
WE'LL, WE'LL MAKE SURE WE GET EVERYTHING IN WHEN IT NEEDS TO BE.
MS, MS. BOARD ADMINISTRATOR, WHAT'S THE SUBMISSION DEADLINE FOR APRIL 14TH? I'M JUST GONNA GIVE YOU THE DATES SO YOU MAKE SURE YOU CAN HIT IT.
WE WE'LL NEED TO REVISE THE, UH, WE'LL NEED TO AMEND OUR REQUEST AND REVISE THE BUILDING OFFICIALS REPORT FOR NOTIFICATION PURPOSES.
IT WILL, IT WILL NEED TO BE RENO BECAUSE THE NUMBER WILL CHANGE.
I I JUST WANNA MAKE SURE THAT, THAT YOU CAN HIT THE 14TH OF APRIL WITH WHATEVER HAS TO BE SUBMITTED IN ADVANCE OF THAT OR IF IT'S BETTER FOR IT TO MOVE TO MAY.
[01:50:01]
WE'LL MAKE SURE WE MAKE IT WORK.SO FOR APRIL, AM I CORRECT, IT'S APRIL 14TH IS OUR MEETING? YES.
SO THE BOARD HAS A SEVEN DAY REQUIRED.
SO THAT MEANS IT'S PUBLISHED BY STAFF THE 7TH OF APRIL, BUT THEN THEY NEED TIME TO DO YOUR WORK TO REVIEW.
SO I WOULD SAY MARCH 27TH AND THAT GIVES, UM, STAFF ENOUGH TIME TO REVIEW BEFORE ALL OF OUR OTHER DEADLINES ARE DUE.
SO, SO MARCH 27TH TO CORRECT THE REQUEST AND REVISE THE CORRECT.
YOU'RE SURE YOU CAN MEET THAT? YES SIR.
BECAUSE I DON'T WANNA POSTPONE IT.
AND THEN HAVE YOU COME BACK AGAIN AND SAY POSTPONE IT AGAIN? YEAH, I DON'T WANT TO EITHER.
THE CHAIR WOULD ENTERTAIN A MOTION.
MR. DORN, TURN YOURS ON PLEASE.
I MOVE TO HOLD THE MATTER UNDER ADVISEMENT.
UH, THAT, THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 1 0 1 HOLD THIS MATTER UNDER ADVISEMENT UNTIL APRIL 14TH, 2026 IN THE MATTER OF BO 8 2 5 0 0 0 1 0 1.
UH, MR. DORN HAS MOVED TO HOLD THE ITEM UNDER ADVISEMENT UNTIL APRIL 14TH, 2026.
SECOND BY MR. OVITZ DISCUSSION OF THE MOTION, MR. DORN, NO FURTHER DISCUSSION MR. HOP EVENTS? NOTHING FURTHER.
YOU'RE CONFIDENT YOU CAN MEET THOSE REASONABLE DEADLINES OR WHATEVER? YES SIR.
YOU KNOW WE'RE SUPPOSED TO BE REASONABLE OVER HERE,
WELL, WE'RE ALL HOMEOWNERS, PROPERTY OWNERS, CITIZENS, VOTERS, YOU KNOW, LONG TIME RESIDENTS OF DALLAS, SO WE TRY TO BE REASONABLE.
UH, THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION TO HOLD THE, IN THE MATTER OF A, I'M SORRY, IN THE MATTER OF BO A 2 5 0 0 0 1 0 1, THE BOARD UNANIMOUSLY IN A FIVE TO ZERO VOTE, UH, IS GONNA HOLD, VOTED TO HOLD THIS ITEM UNDER ADVISEMENT UNTIL APRIL 14TH, 2026.
I APPRECIATE YOU HEARING SOME OF OUR QUESTIONS.
THAT SHOULD GIVE YOU, UH, OPPORTUNITY TO PREPARE.
ALRIGHT, BOARD MEMBERS, THAT'S THE LAST OF OUR AGENDA ITEMS FOR TODAY.
UM, ANYTHING ELSE FOR THE BOARD MEETING? IF NOT, THANK YOU.
OUR NEXT MEETING IS APRIL 14TH.
UM, IT WILL BE, WE'LL PROBABLY START A LITTLE BIT EARLIER THAN 10 30 DEPENDING WHEN I GET THE FINALIZED AGENDA.
IF IT'S INDEED EIGHT CASES NOW.
SO WE MAY START AT NINE OR NINE 30 THAT DAY.
UM, BUT WE'LL SEE AGAIN, THAT CHANGES ALL THE TIME.
ALL OF A SUDDEN THEY SAY, WELL YOU'RE DOWN TO THIS OR SO FORTH.
SO ASSUME, UH, WELL I'LL LET YOU KNOW SHORTLY, BUT IT'LL BE 10 OR NINE 30.
WE'LL START ANOTHER HALF HOUR, HOUR TO MAKE SURE WE HAVE BRIEFINGS DONE.
UH, THE CHAIRMAN ENTERTAIN A MOTION TO ADJOURN.
IT'S BEEN MOVED BY MS. DAVIS TO ADJOURN.
IS THERE A SECOND? I'LL SECOND.
THOSE OPPOSED MOTIONS CARRIED.
BOARD OF ADJUSTMENT PANEL A IS ADJOURNED AT 2:54 PM ON THE 17TH OF MARCH.