[00:00:03]
[Board of Adjustments: Panel B on March 18, 2026.]
AND WELCOME TO THE BOARD OF ADJUSTMENT.I'M PARKER GRAHAM AND I'M HONORED TO SERVE AS THE TEMPORARY PRESIDING OFFICER OF THE BOARD OF ADJUSTMENT PANEL B.
TODAY IS WEDNESDAY, MARCH 18TH, 2026 WITH A TIME OF 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING.
A QUORUM, MEANING A MINIMUM OF FOUR OF OUR FIVE PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
BOARD MEMBERS PRESENT TODAY ARE ME, PARKER GRAHAM, SARAH LAMB, MICHAEL QUINT, STUART CAMPBELL AND ANDREW FINNEY.
STAFF PRESENT INCLUDE TERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR.
KAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THIS HEARING WILL BE CONDUCTED CONSISTENT WITH THE DALLAS DEVELOPMENT CODE.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES THE APPLICANT, APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION FROM THE BOARD.
WE'VE BEEN FULLY BRIEFED BY STAFF BEFORE THE HEARING AND WE'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET WHICH EXPLAINS THE CASE.
AND THAT WAS POSTED SEVEN DAYS BEFORE THE PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE'LL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD OF EACH CASE.
APPROVALS OF A VARIANCE, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING ADMINISTRATOR'S OFFICIAL DECISION REQUIRES 75% OR FOUR AFFIRMATIVE VOTES OUT OF THE FULL FIVE MEMBER PANEL.
ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
A DECISION LETTER OF THE BOARD'S ACTION TODAY WILL BE EMAILED TO THE APPLICANT BY OUR BOARD SECRETARY, MS. WILLIAMS, WITHIN TWO DAYS AFTER TODAY'S HEARING, AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
IN ADDITION, OUR BOA WEBSITE PENDING CASE LOG PAGE WILL BE UPDATED WITH OUR DECISION.
ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING THE PUBLIC TESTIMONY FOR A MATTER OR UH, ON THE AGENDA FOR A MAXIMUM OF THREE MINUTES.
A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
SO I WANTED TO MAKE A, UM, COMMENT REGARDING EFFICIENT EMAIL ALERT THAT YOU MAY YOU GUYS MAY HAVE RECEIVED.
SO WE HAVE BEEN MADE AWARE OF EFFICIENT EMAIL CURRENTLY CIRCULATING THAT INCLUDES AN INVOICE ATTACHMENT.
THIS MESSAGE DID NOT ORIGINATE FROM THE CITY OF DALLAS.
IF YOU HAVE OR IF YOU RECEIVED AN EMAIL CONTAINING AN INVOICE THAT APPEARS TO BE FROM THE CITY OF DALLAS, PLEASE DO NOT OPEN THE ATTACHMENT OR RESPOND.
INSTEAD, MARK THE MESSAGE AS EFFICIENT ATTEMPT AND FORWARD IT TO MYSELF OR ANY MEMBER, UM, OF THE BOARD STAFF.
OUR IT DEPARTMENT IS AWARE OF THE ISSUE AND IS ACTIVELY WORKING TO ADDRESS IT.
PLEASE NOTE THAT THE EMAIL, AGAIN, IS NOT ASSOCIATED WITH THE CITY OF DALLAS.
ANY LEGITIMATE OR OUTSTANDING CHARGES WILL BE COMMUNICATED DIRECTLY BY BOARD STAFF AND WILL BE REFLECTED IN YOUR DALLAS NOW PANEL.
UH, BEFORE WE MOVE ON TO THE INDIVIDUAL CASES, MS. WILLIAMS, ARE THERE ANY SPEAKERS TO REGISTER, UH, REGISTERED SPEAKERS AT THE BEGINNING? UH, NO REGISTERED SPEAKERS FOR PUBLIC SPEAKING.
THEN WE WILL MOVE ON TO THE FIRST THING ON OUR AGENDA, WHICH IS APPROVAL OF OUR FEBRUARY 18TH, 2026 PANEL B MINUTES.
IS THERE A MOTION? I SO MOVE MR. QUINT.
THAT'S A, A MOTION TO APPROVE THE MINUTES I TAKE IT? THAT IS CORRECT.
IS THERE A SECOND? ANY DISCUSSION? HEARING NONE WILL TAKE A VOICE VOTE.
ALL IN FAVOR OF MR. QUINT'S? MOTION TO APPROVE THE MINUTES.
ALL IN, UH, ALL AGAIN SAY NAY.
UH, MR. QUINT'S MOTION TO APPROVE THE MINUTE FROM FEBRUARY OF 2026 PASSES FIVE ZERO.
NEXT UP IS THE FIRST ITEM ON OUR MISCELLANEOUS DOCKET, WHICH IS AN APPLICATION FOR FEE REIMBURSEMENT CASE NUMBER BO 25 DASH ZERO SEVEN AT 1 2 3 6 4 HALIMA STREET.
AND JUST AS A REMINDER, THE STANDARD WE'RE REQUIRED TO CONSIDER IS IF IN THE OPINION OF THE BOARD, THE FILING FEE, UM, PAYMENT OF THE FEE RATHER WOULD RESULT IN A SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT.
THAT'S THE STANDARD WE'LL BE CONSIDERING.
[00:05:01]
ON THAT FIRST REQUEST? UM, MR. CHAIRMAN, I BELIEVE HE IS ONLINE.HE DID NOT REGISTER TO SPEAK, SO I AM GOING TO TRY, UM, I BELIEVE THIS.
UM, SO THAT'S MR. MR. BIRLA? BIRLA, ARE YOU ONLINE? CAN YOU PLEASE PROVIDE AUDIO AND VIDEO MR. BIRLA? OKAY, I'M GOING TO TRY ONE MORE.
MR. BEZLO, ARE YOU ONLINE? CAN YOU PROVIDE AUDIO AND VIDEO MR. CHAIRMAN? UH, NOBODY IS UH, RESPONDING SO I'M ASSUMING HE'S NOT.
CAN ANYONE, UNLESS ANY OTHER PANEL MEMBER HAS A DIFFERENT OPINION, I THINK LET'S TAKE THIS ONE AND WE'LL, UH, HOLD ONTO IT AND SEE.
WE'LL GIVE HIM ANOTHER CHANCE IF HE SHOWS UP DURING THE CONTESTED DOCKET AND IF THERE'S NOBODY HERE, WE'LL VOTE ON IT AT THE VERY END.
ALRIGHT, WE'RE, UH, OH, I DID WANNA GIVE ANYONE AN OPPORTUNITY IF THEY'RE HERE TO, YEAH, JUST TO CLARIFY IF THERE'S ANYONE HERE WHO PLANS TO SPEAK IN OPPOSITION OF THE FEE APPLICATION, WE WILL CERTAINLY GIVE YOU AN OPPORTUNITY TO SPEAK, BUT THAT'LL BE LATER WHEN WE TAKE THAT CASE BACK UP.
ALRIGHT, MOVING ON TO THE SECOND CASE UNDER MISCELLANEOUS DOCKET, IT'S CASE NUMBER BOA DASH 25 DASH 10, THE APPLICATION FOR A FREE REIMBURSEMENT AT 1 2 3 8 4 HALIMA STREET.
IS THERE ANYONE HERE TODAY ON THAT APPLICATION? AND THAT WOULD BE MR. SAMIR MOGUL? HE DID NOT REGISTER TO SPEAK ONLINE EITHER, SO I'M NOT SURE WHERE HE IS.
ALRIGHT THEN I THINK WE'LL DO THE SAME THING ON THIS ONE.
WE'RE GONNA GIVE THEM ONE LAST SHOT AT THE VERY END OF THE HEARING, WE'LL CALL THE CASE AGAIN AND IF, UH, THERE'S NO APPLICANT, WE'LL PROCEED TO HEAR FROM.
ARE THEY COMING IN PERSON OR ARE THEY PLANNING TO SHOW UP ONLINE? OKAY, GREAT.
THEN WE'RE GOING TO PUT THEM AT THE END AND WE'LL RECALL THOSE CASES AT THE END OF OUR DOCKET TODAY.
IS THAT FOR BOTH APPLICANTS? YES.
SO OUR MISCELLANEOUS DOCKET IS ON PAUSE, WE'RE GONNA CIRCLE BACK TO THAT AT THE END OF TODAY.
UM, WE ARE GOING TO MOVE ON NOW TO THE FIRST ITEM ON OUR INDIVIDUAL ITEM CONTESTED DOCKET, WHICH IS CASE NUMBER BO A 25 0 2, THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 2 4 HALIMA STREET.
AND THAT WOULD BE THE APPLICATION OF SALA.
CAN YOU PLEASE TURN THE MICROPHONE ON? ALRIGHT.
ARE YOU THE APPLICANT FOR 1 2 3 2 4
[00:10:01]
PALUS STREET? YES SIR, I AM.THEN WE'RE GONNA START WITH MS. WILLIAMS, UM, SWEARING YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
SO WE, I'M HERE WITH MY OTHER NEIGHBORS AS WELL.
UM, UH, WE ARE A COMMUNITY OF ABOUT 10 OF US.
WE MOVED IN, WELL I MOVED IN IN 2018.
I'M SORRY TO INTERRUPT, I'M, I DON'T THINK WE ASKED YOUR NAME AND YOUR ADDRESS.
OH, COULD YOU GIVE US THOSE JUST SO WE'RE CLEAR? YES, SIR.
MY NAME, MY NAME IS SALA CHU AND MY ADDRESS IS 1 2 3 2 4 HALIMA STREET, DALLAS, TEXAS 7 5 2 4 3.
AND I'LL ALSO SAY WE GOT YOUR PETITION, YOU JUST HANDED UP.
SO AS YOU'RE SPEAKING, PLEASE PROCEED.
SO, AND THAT PETITION IS FROM, UM, NEIGHBORS IN OUR AREA, UM, 250 FEET KILOMETER METERS AWAY.
UM, JUST A, YOU KNOW, SUPPORTING THIS, WHAT WE'RE TRYING TO DO.
SO I MOVED IN, OR I PURCHASED THE, I PURCHASED THE HOME IN 2018.
UM, WE DIDN'T SEE ANYTHING WRONG.
I GOT IT EXPECTED INSIDE AND OUTSIDE.
EVERYTHING LOOKED REALLY GREAT.
I THINK THIS IS OUR SEVENTH OR EIGHTH YEAR NOW, UM, IN THE COMMUNITY, UM, OUR COMMUNITY BRICK WALL THAT IS AROUND OUR COMMUNITY IS LEANING AND THAT'S BECAUSE OF, OBVIOUSLY FOUNDATION SHIFTS THE WEATHER.
UM, TWO YEARS AGO WE HAD A WALL ON THE BACKSIDE OF THE ALLEY THAT WAS DEMOLISHED DUE TO THE WEATHER TO JUST TORNADO 2019, YOU KNOW, ALL THAT.
THE DALLAS PERMIT APPROVED US.
THE DALLAS PERMIT APPROVED US AND EVERYTHING WAS SQUARED AWAY.
IT LOOKS REALLY NICE RIGHT NOW.
I HAVE PICTURES ALSO TO SHOW Y'ALL.
WE'RE JUST TRYING TO DO THE SAME THING WITH THE OTHER FENCE THAT IS ON CHIMNEY HILL AND FERRIS CREEK LANE, BECAUSE RIGHT NOW HALF OF IT IS WHERE THE CHIMNEY HILL, HALF OF IT HAS BEEN DEMOLISHED DUE TO THE WEATHER.
UM, IT WAS RAINING REALLY, REALLY HARD ONE DAY, I BELIEVE IT WOULD'VE BEEN AUGUST, THE END OF AUGUST AND WHEN I CAME BACK HOME, THE WHOLE WALL BRICKS HAVE FELL ALL THE WAY DOWN.
UM, SO WE WERE ABLE TO GET A QUOTE AND GET IT TRYING TO GET IT ALL FIXED.
HOWEVER, THERE WAS A BOA THAT WAS TELLING US THAT WE HAD TO GET APPROVAL FIRST.
SO WHEN WE STARTED THIS PROCESS, WE THOUGHT IT WAS GONNA BE SIMPLE, BUT OBVIOUSLY WE HAD A LOT OF OTHER RULINGS INVOLVED IN IT.
LONG STORY SHORT, WHAT WE'RE TRYING TO DO IS JUST WE'RE TRYING TO REPLACE THE BROKEN WALL.
UM, NOT ONLY THE BROKEN ONE THAT'S ON FALLEN, BUT THE ENTIRE WALL.
BECAUSE IF WE TRY TO REPLACE THAT SPECIFIC AREA, ALL WE HAVE, THE, THE, IT MAY ALL THE OTHER BRICK MAY FALL DOWN.
I HAVE PICTURES OF THAT AS WELL TO KIND OF SHOW YOU THE LENIENCY OR THE, THE LEANING OF THE WALL.
UM, IF WE DO ANY LITTLE THING, IT'S GONNA BREAK.
AND THAT WALL IS BASICALLY MY, MY BACKYARD, UM, WALL.
SO IF THAT WALL BREAKS, I DON'T, I DON'T HAVE ANY PRIVACY AREA IN MY BACKYARD.
UM, SO THAT'S THE WHOLE THING.
WE'RE JUST TRYING TO REPLACE IT.
WE DIDN'T WANNA REPLACE IT WITH BRICK BECAUSE IT'S OBVIOUSLY TOO EXPENSIVE FOR US.
SO US THE 10 COMMUNITY, THE OWNERS ARE TRYING TO COME TOGETHER, PUT MONEY TOGETHER TO REPLACE THE WALL FOR NOT ONLY PRIVACY, BUT SECURITY TOO.
BECAUSE WE HAVE A LOT OF KIDS THAT WALK IN THAT AREA THAT GO TAKE BUS.
MY DAUGHTER AS WELL, SHE TAKES THE BUS AND KIDS JUST GO STRAIGHT THROUGH OUR COMMUNITY NOW INSTEAD OF GOING AROUND OUR COMMUNITY.
UM, IT HAS CAUSED A LOT OF ISSUES WITH CAR THEFTS, CAR DAMAGES, UM, PEOPLE JUST COME AND WALK IN OUR HOUSE.
I MEAN, WALK IN AND KNOCK ON OUR DOOR TRYING TO SELL US THINGS.
JUST DIFFERENT THINGS LIKE THAT.
SO WE'RE NOT TRYING TO DO ANYTHING NEW, WE'RE JUST TRYING TO REPLACE WIPRO.
I'M ABOUT TO GO DOWN AND, UM, GIVE EVERYONE AN OPPORTUNITY TO ASK A QUESTION.
'CAUSE THE STANDARD WE'RE REQUIRED TO CONSIDER IS, WE'RE ALLOWED TO GRANT THE SPECIAL EXCEPTION IF IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES.
AND SO WE'RE GONNA GO DOWN AND, UH, SEE IF SOME FOLKS HAVE SOME QUESTIONS ON THAT STANDARD STARTING WITH MS. LAMB.
THANK YOU FOR SHOWING UP TODAY.
UM, MY QUESTION IS, IS UM, YOUR CURRENT FENCE, EVEN THOUGH IT'S DETERIORATING, IS CURRENTLY AT SIX FEET, BUT YOU ALL COLLECTIVELY ARE ASKING FOR AN EIGHT FOOT FENCE THAT'S BOARD ON BOARD.
CAN YOU SPEAK TO THE REASON WHY YOU'RE SEEKING A HIGHER FENCE? YES, MA'AM.
SO ON MY FENCE AREA, I HAVE, UM, THE BRICK COVERING MY WHOLE BACKYARD.
WHAT I'VE NOTICED IS PEOPLE WILL THROW TRASH OVER MY FENCE.
UM, I'VE HAD PEOPLE CLIMB OVER IT AND TAKE MY TOMATOES OUTTA MY GARDEN.
[00:15:01]
I, I HAVE, I HAVE SO MANY CRA CRAZY THINGS THAT HAPPEN JUST BECAUSE OF IT BEING LOW LIKE THAT.UM, WE'RE JUST ASKING TWO MORE INCHES.
SO WE HAVE THAT SECURITY OF PEOPLE NOT CLIMBING OVER PEOPLE, NOT THROWING THINGS OVER OUR FENCE.
WE HAVE NEIGHBORS AROUND US WHO HAVE EIGHT FEET, UM, FENCES AS WELL.
SO WE JUST THOUGHT, YOU KNOW, EIGHT FEET WOULD BE APPROPRIATE.
AND YOU MENTIONED THAT YOU HAD REPLACED THE FENCE IN THE BACKSIDE OF THE PROPERTY WITH A SIMILAR PRODUCT? CORRECT.
HOW TALL IS THE FENCE IN THE BACK? AND YOU MENTIONED YOU HAVE PICTURES? YES MA'AM, I DO.
AND IT IS EIGHT FEET BOARD ON BOARD.
CAN WE, CAN YOU SHARE THOSE WITH HER? YEAH, IT'S ON MY PHONE.
I TRY TO EMAIL IT TO HER, BUT IT'S NOT I CAN, HOW I CAN GIVE YOU MY PHONE.
AND THEN IF ONCE YOU SIT DOWN, IF WE COULD SEND THE VOTERS TO MS. WILLIAMS AND WE DID THAT MAYBE LIKE TWO AND A HALF YEARS AGO.
JUST FOR THE RECORD, WE ARE, UH, WE'RE PASSING AROUND THE PHOTOS ON YOUR PHONE, JUST OF THE NO, YOU'RE GOOD.
I DON'T, YEAH, THE FENCE IN THE, IN THE, UH, BACK THE EIGHT FEET WOODEN FENCE.
AND THEN, UH, YOU SAID YOU'VE ALREADY EMAILED THOSE.
WE'LL MAKE SURE THEY MAKE IT INTO THE RECORD.
I'M TRYING TO EMAIL 'EM THEN DO IT WHEN I GET BACK TO YEP.
AND, UM, Y'ALL ARE ALIGNED IN WHAT YOU'RE SEEKING HERE.
OBVIOUSLY Y'ALL HAVE SIMILAR OBLIGATION.
HOW DID Y'ALL COME TO THE TERMS THAT THIS IS WHAT WAS NECESSARY FOR THE PRO FOR THE PROJECT? WELL, WE WANTED TO MIMIC WHAT WE ALREADY CREATED.
SO THE COMPLEX DOESN'T LOOK FAMILIAR AT ALL, UM, BEFORE BACKYARD USED
SO WE, BECAUSE YOU KNOW, WE GOT, UM, DALLAS CITY, UH, DALLAS PERMIT A FOOD THAT WE WENT AHEAD AND BUILT IT AND WE'RE TRYING TO, I'M SORRY.
UM, WE, WHEN IT BROKE, WE GOT A DALLAS PERMIT TO APPROVE THE EIGHT FEET BOARD ON BOARD.
AND WE'RE JUST TRYING TO DO THE SAME THING SO ALL OF OUR COMMUNITY CAN LOOK UNIFIED THE SAME.
I APPRECIATE YOU DOING THE DUE DILIGENCE ON GETTING LETTERS OF, UH, OR SIGNATURES ABOUT GOOGLE.
UM, WERE YOU AWARE OF ONE OF ONE NEIGHBOR THAT HAS WRITTEN A STRONG LETTER? UH, YES.
AND IT, DID THEY END UP WRITING? DID THEY END UP, THEY DID NOT SIGN IT, NO MA'AM.
UM, BUT I DO HAVE PICTURES OF THEIR NEIGHBORHOOD AND THEIR FENCE AS WELL.
UM, BECAUSE WHAT THEY'RE STATING ON THE LETTER DOES IS NOT VALID.
DID YOU HAPPEN TO TALK TO THEM? NO, MA'AM.
AND MY NEIGHBOR, UH, MR. LARRY HERE HAS REACHED OUT TO HIM.
SO I DON'T, UM, IF LARRY WANTS TO COME UP AND TALK, BUT WHEN, WHENEVER HIS APPLICATION COMES UP, HE CAN TALK ABOUT THAT.
BUT I DID BRING MORE PICTURES TO SHOW MR. FINNEY.
UM, SO YOU MENTIONED, UH, SEVERAL FACTORS THAT YOU THINK LED TO THE CURRENT FENCE TO BEGIN TO LEAN.
UM, AND I THINK ONE OF THE, THE FACTORS YOU MENTIONED WAS WEATHER.
SO IF YOU'RE REPLACING THAT FENCE WITH A TALLER FENCE MADE OUT OF A SIGNIFICANTLY LIGHTER MATERIAL, ARE YOU CONCERNED THAT THE SAME WEATHER PATTERNS MIGHT CAUSE IT TO NEED TO BE REPLACED SOONER? AND POTENTIALLY THAT FENCE BEING A LIABILITY TO NEIGHBORING PROPERTIES IF A WIND EVENT WERE TO COME AND, YOU KNOW, BLOW IT OFF OF THE, UM, STRUCTURE HOLDING IT, ANCHORING IT TO THE GROUND? THAT'S A VALID QUESTION AND I'M SO GLAD THAT YOU BRING THAT TO OUR ATTENTION.
UM, THE THING IS, WHEN THIS BRICK WAS CREATED, IT WAS CREATED BY THE CONTRACTOR WHO BUILT OUR, OUR HOME.
WHEN WE GOT IT, LIKE WHEN THE BRICK FELL AND WE TRIED TO REPLACE THE FENCE, I, I MEAN THE, THE BRICK WALL, THE GUY WHO, UM, WAS SHOWING ME, HE WAS LIKE, THIS IS NOT EVEN INSTALLED CORRECTLY.
THEY DIDN'T EVEN PUT A POLE SIX FEET DOWN OR HOWEVER MANY FEET IS SUPPOSED TO GO DOWN TO MAKE SURE THE WALL WAS OR THE BRICK STOOD AMOUNT WITH ANY KIND OF WEATHER.
UM, NOT ONLY, HE DIDN'T PUT, LIKE, THE WAY THAT IT WAS BUILT, IT WAS VERY CHEAPLY BUILT THAT YOU COULD TELL THAT IT WASN'T ON TOP OF THE
[00:20:01]
WEATHER, BUT IT WAS BECAUSE OF THE WAY IT WAS BUILT.SO WHAT WE'RE TRYING, AND THAT'S WHAT WE NOTICED ON THE BACKSIDE TOO.
WE WERE LIKE, WHY WOULD HE, I THINK HE DIDN'T EVEN PUT IT ONE INCH, THE POLE THAT'S SUPPOSED TO HOLD, HE DIDN'T EVEN PUT LIKE ONE FEET DOWN.
UM, SO THAT OBVIOUSLY WITHOUT IT BEING, YOU KNOW, UM, YOU KNOW, STRONG IN THERE, IT'S GONNA OBVIOUSLY FALL.
SO WHAT WE'RE TRYING TO DO IS, NUMBER ONE, BRICK IS MORE EXPENSIVE THAN WOOD, SO WE COULDN'T AFFORD BRICK.
BUT WHAT WE'RE TRYING TO DO IS WE'RE TRYING TO MAKE SURE THAT THE POLES THAT ARE GOING TO HOLD THIS WHOLE FRAME IS SIX, OR I THINK FOUR OR FIVE FEET DOWN AND IT'S BUILT CORRECTLY.
SO THIS WEATHER, WIND, WEATHER, WHAT WHATEVER DOES NOT HAPPEN AGAIN, IF THAT MAKES SENSE.
SO I HOPE I'M SAYING THE RIGHT WORDS.
YES, NO, THAT WAS A VERY, UM, THAT WAS PERFECT ANSWERS.
UM, I DO HAVE ONE MORE QUESTION.
UM, SO, YOU KNOW, THE MAIN CRITERIA THAT WE'RE LOOKING AT IS DOES IT ADVERSELY AFFECT NEIGHBORING PROPERTIES? AND WHEN WE ARE, WHEN WE'RE CONSIDERING THAT, WE, WE LOOK AT NOT ONLY WAS IS THERE OPPOSITION, BUT WHAT EFFORTS HAS THE APPLICANT MADE TO, UH, TO TALK TO THE OPPOSITION, MAKE A COMPROMISE? YOU MENTIONED YOU DID NOT PERSONALLY TALK TO THE NEIGHBOR THAT'S OPPOSED, UM, BUT HAVE, HAVE ANY OF YOUR OTHER NEIGHBORS MADE AN EFFORT TO REACH OUT TO THIS PERSON? YES, SIR.
UM, WE RECEIVED, UM, THE LETTER LIKE A DAY OR TWO AGO.
THAT'S WHEN I FOUND OUT THERE WAS AN OPPOSING MEMBER.
UM, AND THEN LARRY, I BELIEVE BEFORE THE LETTER CAME OUT, LARRY REACHED OUT.
UM, OR VICE VERSA, I DON'T KNOW.
BUT THEY, MY, MY NEIGHBOR DID SPEAK WITH THEM AND TRY TO TELL THEM WHAT WE WERE TRYING TO DO.
FROM MY END, THAT'S MY NEXT DOOR NEIGHBOR.
WE ALL DID THIS AS A COMMUNITY.
YEAH, IF YOU, IF YOU JUST ADDRESS THAT SPECIFIC POINT, THAT'D BE SUPER HELPFUL.
MS. WILLIAMS, DO YOU MIND, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS PLEASE? LARRY GRO 12 3 0 4 HALIMA STREET, DALLAS, TEXAS.
CAN YOU MAKE SURE THAT THE MICROPHONE IS ON? IT IS.
LARRY COLEGROVE 12 3 0 4 HELENA STREET, DALLAS, 7 5 2 4 3.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
WELL, IT WAS A LITTLE OVER A WEEK AGO.
THIS WAS WELL AFTER THE, WE PUT UP OUR SIGNS, BUT OCCASIONALLY, UH, MY NEIGHBOR AND I, WE GET EACH OTHER'S MAIL JUST BECAUSE A SIMPLE ERROR BY THE POSTMAN.
I TEXTED HIM, UH, HEY STEVE, DID YOU HAPPEN TO GET ANY MAIL? AND, UH, HE SAID, NO, BUT WHAT'S WITH THE SIGNS? I NOTICED YOU GOT THE SIGNS.
I SAID, WELL, WE'RE TRYING TO PUT UP AN EIGHT FOOT FENCE.
AND HE, YOU KNOW, JUST, YOU KNOW, HAD AN OBJECTION TO THAT.
SO I DID CALL HIM, UH, A COUPLE OF TIMES THAT DAY.
I CAN'T SWEAR TO THAT, BUT I THINK I DID.
AND I ASKED HIM TO CALL ME BACK.
HE DID TEXT ME SAYING HE WAS IN A MEETING, HE COULDN'T TALK RIGHT THEN.
THAT WAS THE LAST COMMUNICATION.
ALRIGHT, ANYTHING FURTHER, MR. FINN? I DO WANNA SAY, I, I RECEIVED A LETTER FROM MS, UH, DIANE YESTERDAY.
UM, SO I, I JUST NOW KNOWING OF THE, ALL RIGHT.
I WAS JUST GONNA, UM, MAKE A POINT OF REFERENCE.
WE RECEIVED THE OPPOSITION LETTER YESTERDAY, SO WE NOTIFIED
MR. QUINT, WE'LL, THE DEFENSE IN ITS ENTIRETY, YOU MAYBE SPEAKING FOR THE GROUP, MAYBE YOU'RE NOT, AND YOU CAN TELL ME, BUT, UM, WE'LL BE PUT IN EXACTLY THE SAME PLACE WHERE THE FRONT FENCE IS BEING TAKEN DOWN.
SO THERE'LL BE NO MOVEMENT FROM WHAT'S WHERE IT IS TODAY? NO, SIR.
JUST REPLACING WHAT'S ALREADY BROKEN.
MR. CAMPBELL, ANY QUESTIONS? ALL RIGHT, THANK YOU MA'AM.
ANY ADDITIONAL SPEAKERS IN FAVOR OF THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 2 4 HALIMA STREET? NO.
AND ANY SPEAKERS HERE TODAY WHO'D LIKE TO SPEAK IN OPPOSITION TO THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 2 4 HALIMA STREET? YES, SIR.
[00:25:01]
AND ADDRESS PLEASE? MY NAME IS STEVEN SEIDER.I LIVE AT 1 2 3 0 4 FERRIS STREET.
DO YOU SWEAR TO, UH, TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? I DO.
I AM THE NEIGHBOR THAT'S DIRECTLY ACROSS.
CAN YOU PLEASE MAKE SURE THAT THE MICROPHONE IS ON? IS THAT BETTER? OKAY.
I THINK IT'S ON, UH, IT'S GOT A GREEN LIGHT.
UM, I, I WANNA START BY SAYING I NOR MY WIFE RECEIVED ANY NOTICE OF THIS.
UH, AND I LOOKED ON THE NOTICE, UH, LETTERS THAT WERE SENT DOWN THE LIST OF FOLKS THAT WERE SENT NOTICES IN OUR NAME AND OUR ADDRESS IS NOT ON THERE.
THE ONLY WAY I FOUND OUT ABOUT THIS WAS I HAPPENED TO SEE A SIGN, UH, SEVERAL SIGNS OUT THERE, AND I'VE ASKED SEVERAL FOLKS, I'M NOT SURE THAT THEY WERE OWNERS, BUT RESIDENTS, WHAT'S GOING ON HERE? WE JUST WANT TO FIX THE WALL, IS WHAT THEY TOLD ME.
KINDA LIKE SHE STARTED OUT, WE JUST WANNA FIX IT, WHICH I HAD NO PROBLEM WITH.
IF YOU'RE GONNA FIX THE BROKEN PART OF THIS, UH, BRICK, THE WALL THAT WAS, BY THE WAY, FIVE OR SIX OR SEVEN YEARS AGO, HOWEVER LONG IT WAS, WAS DONE IN CONCERT WITH THE DEVELOPER.
AND WHILE WE, WE HAD A A, A CONTEST AT THE TIME, WE CAME INTO AGREEMENT THAT THIS BRICK WALL WAS THE WAY TO COMPROMISE IT, PROVIDED ENOUGH COVER FOR THE, THE NEIGHBORS THAT, FRANKLY, I DON'T KNOW IF ANYBODY REALLY WANTS TO LOOK INTO EVERYBODY'S BACKYARD, BUT ALSO IT PROVIDED SOME PERFECTION.
THERE WAS A VARIANCE FROM THE, THE FOREFOOT AS WELL AS THE OPACITY.
UH, SOME OF THE THINGS THAT WERE SAID HERE TODAY ARE, UM, THEY'RE NOT CONSISTENT WITH WHAT I'VE SEEN.
I, IN MY LETTER, I THINK I EVEN ATTACHED SOME PICTURES, THIS WALL FELL BECAUSE THEY REFUSED TO OR DID FAIL TO PUT SOME PARKING, UM, CURBING INSIDE OF THE PARKING LOT WITH THE PARKING, UH, IS A WHITE VAN THAT WAS THERE FOR MANY YEARS, PUSHED THE WALL.
IT WASN'T LEATHER RELATED AND IT WAS, IT LOOKS LIKE IT WAS POOR CONSTRUCTION.
UH, THAT'S HARDLY A REASON TO UNDO WHAT WAS, WAS IF WE HAD TO DO IT AGAIN.
AND IF THIS IS DISAPPROVED AND THEY HAVE TO COME BACK TO WITH A, WITH ANOTHER BITE AT THIS.
THE, THE WALLS, NOT THE WALLS, THE FENCES, THE LOT IRON FENCES THAT HAVE BEEN PUT UP DIRECTLY ACROSS, UH, SHIMMING HILL AND THEN ALSO ALONG SHIMMY HILL.
THEY'VE BEEN WROUGHT IRON FENCES.
THEY'VE EITHER HAD WROUGHT IRON FENCES WITH SOME, I THINK THEY'RE ITALIAN CYPRESS, UM, BUSHES IN FRONT OF THEM FOR SOME SORT OF SCREENING OR, UH, THEY HAVE BRICK COLUMNS, UH, THAT WE PART OF.
THERE'S NO, THERE'S ALONG THE, THE MAIN STREETS, THIS FERRIS CREEK, MY FRONT YARD, THEY'VE TURNED THEIR BACKYARD, WHAT WERE FRONT YARDS TO FERRIS CREEK IN THE BACKYARDS.
BY THE WAY, THEY CONFIGURED THIS PROPERTY.
THERE ARE NO OTHER FENCES ALONG FERRIS CREEK IN THE FRONT YARDS.
THERE'S SOME BIG, REALLY NICE TREES.
THERE ARE SOME, UH, FENCES OF THE PART THAT SHE SPEAKS ABOUT BEING REPLACED.
I BELIEVE THAT'S A FENCE THAT'S ALONG ABOUT 150 UNIT APARTMENT COMPLEX TO THE, I GUESS IT WOULD BE TO THE WEST OF THIS PROPERTY OR THE ALLEYWAY.
THAT'S, UH, A COMMON ALLEYWAY.
NEITHER OF THEM IS ON FAIR STREET OR ON SHIMMY HILL.
THIS PROPERTY IS ON ONE OF THOSE, THOSE TWO STREETS.
UM, OF COURSE THE AESTHETICS ARE GONNA AFFECT THE VALUATION AND I'M NOT SURE THAT THE, THE ONLY OTHER NEIGHBOR THAT'S DIRECTLY ACROSS THE STREET IS THE NAME MOHAMMAD JET.
AND I SPOKE WITH HIM JUST THE OTHER DAY, TWO DAYS AGO, AND HE WAS GONNA TRY AND SEND A LETTER HERE.
HE IS ABSOLUTELY OPPOSED TO IT.
I'VE LIVED THERE FOR MORE THAN 30 YEARS.
I'VE OWNED IT SINCE 1991 OR NINE TWO.
UM, THE BRICK WALL IS, IS IN DISREPAIR.
THEY COULD HAVE FIXED IT AT THE TIME THAT IT STARTED TO, UH, FROM, IT PROBABLY SHOULD HAVE BEEN SOME REMEDIATION WITH EITHER THE DEVELOPER OR THE CONTRACTOR THAT PUT IT IN AND AGREE THAT IT'S, IT'S NOT IN GOOD SHAPE.
IT'S, IT IS NOT A, UH, STRUCTURALLY SOUND, BUT IT WAS NOT WEATHER RELATED.
AND MOSTLY THE AREA THAT FELL WAS FROM HAVING PARKED CARS, UH, BUMP UP AGAINST IT, OBVIOUSLY PRETTY WELL PREVENTABLE.
UM, AND THE HEIGHT, THE SIX FOOT HEIGHT WAS, UH, GRANTED A TWO FOOT, UM, VARIANCE THE LAST TIME TO GO EIGHT FEET TALL.
THERE'S NO WOODEN FENCES ALONG EITHER OF THESE, UH, FERRIS CREEK OR ON SHIM HILL.
THE WOOD FENCE WOULD ABSOLUTELY IMPACT THE VALUATION OF MY PROPERTY, THE STAKES OF THE NEIGHBORHOOD.
I'VE BEEN IN THIS NEIGHBORHOOD LONG ENOUGH TO SEE IT GOING FROM HOOKERS AND DRUG DEALERS TO WHERE IT IS.
IT IS A, IT IS A FINE NEIGHBORHOOD.
AND TO CORDON OFF A PRAYER PART OF IT, TO MAKE IT A COMPOUND BECAUSE YOU DON'T LIKE THE NEIGHBOR, IT'S A VERY DIVERSE AREA.
UM, IT'S JUST SIMPLY NOT, IT'S, IT'S, IT ONE, IT'S, IT'S NOT WHERE THE GOAL, BUT IT'S NOT A JUSTIFICATION.
AND CERTAINLY WHEN IT IMPACTS THE EVALUATIONS, I, I'M A LITTLE BIT SURPRISED THAT MR. JEFFERY HASN'T SENT A LETTER.
[00:30:01]
NOT NOT SURE THAT, UH, EMAILS IS REALLY HIS FORTE.UM, SOME OF THE THINGS THAT, THE AREA THAT WAS IN PLACE, I THINK YOU'VE BEEN MISLED ABOUT THAT.
IT IS NOT ALONG EITHER ONE OF THOSE STREETS.
IF YOU LOOK ALL THE WAY DOWN FERRIS CREEK LANE, UM, THERE'S NOT A SINGLE FENCE.
THERE ARE LARGE TREES THAT HAVE GROWN UP NICE.
THERE'S FAIRLY WELL MAN MAINTAINED YARDS, BUT THERE'S NOT ANY BRICK WALLS.
THERE'S NOT ANY WR IRON FENCE.
THERE'S NOT A, CERTAINLY NOT ANY, UH, WOOD FENCES AND CERTAINLY NOT ANY EIGHT FOOT ONES IN THE FRONT YARD.
IF THIS WAS GRANTED, THERE'S, YOU WOULDN'T GRANT IT TO ME IF I WANTED TO PUT AN EIGHT FOOT FENCE IN MY FRONT YARD OR MY NEIGHBOR, EITHER ONE, AND YOU SHOULDN'T.
THIS IS, THIS IS A FRONT YARD OF MY, OF MY OWN.
I'VE BEEN THERE SO LONG THAT THIS WAS A TENNIS COURT WHEN I BOUGHT THIS PROPERTY FROM THEN, I THINK THE, THE PATIO HOMES THERE TO THE SOUTH SOMEHOW SOLD IT.
IT WAS GREEN SPACE FOR THEIR DEVELOPMENT.
THEY SOLD IT AND SOMEHOW THERE WAS A VARIANCE GRANTED TO EITHER DEVELOP IT BECAUSE IT WAS GREEN SPACE FOR A LONG, LONG TIME.
IT WILL ABSOLUTELY IMPACT MY PROPERTY VALUES.
IT'LL IMPACT MY, MY NEIGHBOR, MR. RE.
AND I'M, AT FIRST I THOUGHT, WELL, PERHAPS, UM, LARRY'S RIGHT.
I THOUGHT MAYBE MY MAIL WENT TO HIS, I DIDN'T GET IT.
AND THEN WHEN I LOOKED AT THE DISTRIBUTION LIST, WE WERE NEVER SENT NOTICE.
UM, IF THERE'S GONNA BE FIXING A WALL, YOUR TIME IS UP.
UH, SIR, I THINK THERE WILL BE SOME QUESTIONS.
SO MAYBE YOU CAN WORK THAT LAST PART IN YOUR QUESTIONS.
UM, WE'RE GONNA START WITH MS. LAMB.
FIRST QUESTION IS TO STAFF ON NOTICE.
UM, IS THE SPEAKER, IN FACT, WITHIN THE REPORTING ZONE, THE NOTIFICATION ZONE? YES.
IF YOU LOOK AT THE, UM, THAT'S THE POINT THAT, UM, JORDAN MADE THIS MORNING.
THE AREA, THE HOME ON THE CORNER DIRECTLY ACROSS THE STREET IS, IS GENTLEMAN'S POCKET.
AND IS NOTICE SENT, UH, IT'S MULTIPLE, RIGHT? IT'S POSTED IT WITH THE SIGNS.
IS IT POSTED TO THE NEWSPAPER? YES.
UM, IS IT SENT CERTIFIED? DO WE, DO WE HAVE CONFIRMATION IT WAS SENT? SO ACCORDING TO AS HE STATED, ACCORDING, AND I'VE BEEN LOOKING UP TRYING TO LOOK, RESEARCH IT AS HE WAS SPEAKING, UM, ACCORDING TO WHAT HE'S SAYING IS CORRECT, UM, HIS PROPERTY, HIS PROPERTY DOES NOT APPEAR ON THE DISTRIBUTION LIST.
SO THAT'S SOMETHING THAT I HAVE TO GO AND SUPERVISE THE IS ABOUT REGARDING HOW THAT PROPERTY WAS NOT GENERATED WITHIN THE 200 FOOT RADI WHEN IT IS THAT WITHIN THE TWO.
SO THEN, I GUESS THIS IS A LEGAL QUESTION.
IF, IF SOMEBODY IN IS IN THE REPORTING ZONE ISN'T ON THE NOTIFICATION DISTRIBUTION LIST, THEN WHAT DOES THAT MEAN FOR PROPER NOTICE? UH, THE OTHER TWO AVENUES FOR THE SIGNAGE AND THE, AND THE MAIL SUFFICIENT OR IS THAT SOMETHING FOR THIS PANEL TO DECIDE? THAT IS SOMETHING I'M ALSO LOOKING AT.
UM, DO WE NEED TO TAKE A BRIEF RECESS? WHY DON'T WE GO THROUGH ANY FACTUAL QUESTIONS PEOPLE HAVE FOR THE SPEAKER AND OPPOSITION ASIDE NOTICE, I JUST WONDER IF YOU CAN EVEN HEAR THE CASE IF IT HASN'T BEEN NOT PROPERLY NOTICED.
WE'RE CHECKING ON THAT AND WE WILL NOT VOTE UNTIL WE'RE SURE WE CAN, WE CAN PROPERLY PROCEED WITH THAT.
HERE'S WHAT WE'RE GONNA DO JUST TO GIVE, UH, OUR FOLKS A CHANCE TO, TO DOUBLE CHECK THE RULES, TO MAKE SURE WE'RE TOTALLY IN COMPLIANCE ON NOTICE AND AND RESEARCH TO THE POINT YOU RAISED ABOUT THE LETTER.
SO WE'RE GOING TO TAKE A BRIEF RECESS.
WE'RE GONNA RECONVENE AT ONE 40.
WHY YOU HAD NOT RECEIVED A LETTER AT YOUR ADDRESS.
AND SO WHAT I WANNA DO FIRST IS, UM, EITHER GIVE IT TO MS. CARLISLE OR, OR, UH, DR. MILLER HOSKINS TO EXPLAIN WHY THAT HAPPENED.
AND THEN I'M GONNA ASK YOU A FEW QUESTIONS ABOUT WHETHER YOU'RE COMFORTABLE PROCEEDING.
SO, UM, WILL THAT BE MS. CARL? WE SAID NOTICE ACCORDING TO THE MOST RECENT TAX ROLL OFF OF THE COUNTY, AND WHEN WE LOOKED UP YOUR PROPERTY ADDRESS, UM, THE REASON WHY RGIS DIDN'T FLAG IS BECAUSE THE OWNER WITHHELD THIS INFORMATION PURSUANT TO THE TAX CODE.
SO THAT'S WHY IT DIDN'T POPULATE WITH THE, OUR SYSTEM AND THAT'S WHY YOU DIDN'T RECEIVE, UM, A NOTICE.
AND DR. MILLER HOSKINS, IF YOU HAVE ANYTHING ELSE TO ADD ABOUT GAS NO, THAT'S IT, EXACTLY WHAT TERESA SAID.
[00:35:01]
WHY YOU DID NOT RECEIVE, UM, DELAY.UH, UH, HE JUST EXPLAINED IT TO ME JUST A MINUTE AGO.
OH, I DIDN'T, FRANKLY THAT DIDN'T THINK ABOUT THAT.
I KNOW THAT THIS, WHERE, WHERE YOU POPULATE YOUR, UM, PROPERTY.
I, I ABSOLUTELY GET ALL MY UTILITY BILLS AND EVERYTHING ELSE.
UH, SO THE CITY HAS THAT, BUT YOU TOOK IT FROM A DIFFERENT DATABASE.
AND THEN I HAVE A QUESTION REAL QUICK.
DO SO WE FEEL CONFIDENT THAT EVERYBODY ELSE WITHIN THE NOTIFICATION AREA WOULD'VE RECEIVED THE LETTER, IS THAT CORRECT? THAT'S CORRECT.
ALRIGHT, THEN, MR. SEIDER, MY QUESTION FOR YOU IS, UM, I KNOW YOU SAID YOU HAVE ACTUAL KNOWLEDGE OF THE HEARING, OBVIOUSLY YOU CAME DOWN TODAY, YOU SAID YOU SAW THE SIGN, YOU SENT US AN EMAIL IN OPPOSITION ON MARCH 16TH.
UM, DO YOU FEEL LIKE YOU HAD ADEQUATE PROPER NOTICE OF THE HEARING TODAY SUCH THAT YOU COULD PREPARE YOURSELF AND COME DOWN HERE? I I WOULD APPRECIATE TIME TO PREPARE MORE FULLY TO INCLUDE EXAMINING SOME OF THE EXHIBITS THAT I JUST HEARD ABOUT HERE TODAY, INCLUDING THE, UM, AFFIDAVITS, UH, THE PETITION, WHATEVER SHE SAID THAT SHE HAD.
THEN, UH, MS. CARLISLE, UH, CAN WE GET, UH, YOUR OPINION ON WHAT THE PROPER PROCEDURE IS TO PROCEED WHEN THERE'S A, UM, AN ALLEGATION OF INSUFFICIENT NOTICE? THE MOST CONSERVATIVE PATH FORWARD IS TO HAVE THIS BOARD HOLD THE CASE OVER AND INSTRUCT STAFF TO RE-NOTICE THE CASE.
AND THEN WE CAN HEAR THESE CASES NEXT MONTH.
OH, IT'S NOT NEXT MONTH IN MAY.
ALRIGHT THEN, UM, WE'RE GONNA MOVE ON TO MAKING A MOTION ON THIS MATTER.
YOU CAN TAKE A SEAT, MS. WILLIAMS, I THINK YOU ALREADY SAID THIS, BUT ARE THERE ANY ADDITIONAL, UH, REGISTERED SPEAKERS ON NO ADDITIONAL SPEAKERS? SO, MS. ALRIGHT, MS. LAMB, DO YOU HAVE A MOTION? YES, BUT MS. CARLA, THERE'S LANGUAGE WE'VE USED IN THE PAST ABOUT NOTICE AND HOLDING OVER.
DO WE HAVE THAT LANGUAGE? IT'S NOT A TRADITIONAL HOLDOVER, IT'S A HOLDOVER BASED ON NOTIFICATION.
SORRY, YOU HAD TO DO THIS IN THE PAST.
ALRIGHT THEN AT THIS POINT, UH, THE CHAIR WOULD ENTERTAIN A MOTION ON CASE NUMBER BO A 25 DASH 0 7 1 2 3 6 4 HALIMA STREET.
MS. LAMB, SORRY, AM I ALLOWED TO SAY SOMETHING? OH, I, I'M SO SORRY.
I JUST SAID THE CASE NUMBER WRONG, SO, OKAY.
JUST FOR THE RECORD, JUST 1 1 0 2.
SO FOR THE RECORD, I'M ENTERTAINING A MOTION ON CASE NUMBER BO A DASH 25 DASH ZERO TWO, THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 2 4 HALIMA STREET.
I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH ZERO ZERO HOLD, UH, HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 20TH, 2026 WITH INSTRUCTION TO STAFF TO RE-NOTICE THE CASE.
SECOND, THE SECOND WAS FROM MR. CAMPBELL.
ALRIGHT, ANY DISCUSSION ON MS. LAMB'S MOTION? WE'LL START WITH MS. LAMB.
UM, OUR, OUR BOARD TAKES VERY SERIOUSLY, UM, WHEN THE PUBLIC ISN'T PROPERLY NOTICED AND WE THINK EVERYBODY SHOULD HAVE A RIGHT TO HAVE A SEAT AT THE TABLE WHEN DISCUSSING, DISCUSSING, UM, MATTERS OF ZONING AND AS IT PERTAINS TO DEVELOPMENT WITHIN THEIR NEIGHBORHOOD.
AND IT HAS BEEN DETERMINED BASED ON TESTIMONY THAT IT, UM, AND, AND STEPS, UM, UH, DOCKET THAT WE DIDN'T ENTIRELY PROPERLY NOTICE.
SO JUST TO PRESERVE THE CASE INTEGRITY OF THIS
[00:40:01]
BOARD AND OF THE, UH, PROPER NOTICE, UH, WE, I I, I AM VOTING TO HOLD IT OVER DR. MILLER HOSKINS.UM, I'D LIKE TO MAKE A COMMENT JUST SO THAT IT'S ON RECORD THAT STAFF, IT, IT'S NOT A CASE, IT'S NOT THE CASE THAT STAFF DIDN'T PROPERLY, PROPERLY NOTICE.
IF THE APPLICANT'S INFORMATION WASN'T WITHHELD ACCORDING TO BCA, HE WOULD'VE RECEIVED THE NOTICE.
I WOULDN'T SAY THAT IT'S ON STAFF.
MR. CAMPBELL, ANY COMMENTS, MR. FINNEY? MR. QUINT? ALL RIGHT, ONE FINAL COMMENT FROM MS. LAMB.
UM, THE, THE REASON I KNOW SOME OF THE APPLICANTS, DEPENDING ON WHAT HAPPENS HERE, ARE GONNA BE A LITTLE FRUSTRATED, BUT I THINK IN THE LONG RUN THIS, WE'RE ERRING ON THE SET OF CAUTION HERE.
'CAUSE WHAT WE DON'T WANNA HAPPEN IS THIS CASE MOVE FORWARD, WE HEAR THE CASE AND THEN IT GETS TURNED OVER OR SUED BECAUSE IT ISN'T PROPERLY NOTICED.
AND THEN WE'RE WAITING SIX MONTHS.
SO I KNOW THAT THIS FEELS VERY ARDUOUSLY.
YOU MAY HAVE TO COME DOWN HERE, BUT WE'RE DOING IT TO PROTECT EVERYBODY IN THE COMMUNITY HERE.
SO, I KNOW THIS FEELS A LITTLE BIT HEAVY RIGHT NOW, BUT WE'RE, WE'RE DOTTING ALL OF OUR I'S AND CROSSING ALL THE T'S.
ALRIGHT, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. LAMB'S, UH, MOTION TO HOLD OVER THE CASE.
MR. AYE MOTION TO HOLD OVER PASSES 5 2 0.
AM I ABLE TO SAY ANYTHING? I'M SORRY.
THE, THE, UM, HEARING PORTION OF YOUR CASE IS ALREADY DONE.
ALL RIGHT, WE'RE GONNA TAKE A QUICK RECESS.
WE'RE JUST CHECKING ON THE PROCEDURE ON HOW WE'RE GONNA KNOCK OUT THE REMAINING CASES IN LIGHT OF THE NOTICE ISSUE, BUT WE'LL BE BACK AT, UM, LET'S PLAN TO TRY TO RETURN AT ONE 50.
OUR BOARD ATTORNEY HAS RETURNED AND WE'RE READY TO PROCEED.
SO WITH THAT, UM, WE'RE GONNA GO DOWN THE LIST OF THE ITEMS ON THE DOCKET AND WE'RE GONNA PROCEED.
I'M JUST GONNA ENTERTAIN A MOTION, UH, IN LIGHT OF THE NOTICE ALLEGATION.
SO NEXT ONE WE'RE GOING CONSIDER CASE NUMBER BOA 25 DASH ZERO FOUR.
THAT'S THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 0 5 PAULUS STREET.
MS. LAMB, UH, YOU HAVE A MOTION, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 1 0 4 HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 20, UH, 2026 WITH INSTRUCTION TO STAFF TO RE-NOTICE THE CASE.
IS THERE A SECOND, MR. CAMPBELL SECOND.
UM, MS. LAMB, ANY ADDITIONAL COMMENTS? UH, MY SAME COMMENTS FROM THE PREVIOUS CASE.
HOLD ON THIS ONE MR. CAMPBELL.
UH, THIS WILL BE THE LAST THING I SAY ABOUT THESE, BUT, UH, I WOULD ENCOURAGE IT LOOKS LIKE THERE IS A NEGOTIATION BEFORE, IF THIS IS GONNA BE PUSHED OFF 60 DAYS UNTIL THIS BOARD HEARING AGAIN, I WOULD ENCOURAGE EVERYONE TO TALK TO EACH OTHER AND SEE IF THERE'S ANOTHER WAY THAT WE CAN RESOLVE THIS BEFORE IT COMES TO US.
[00:45:01]
FINNEY OR MR. CAMPBELL? I MEAN, MR. QUINN.THANK YOU MS. WILLIAMS. CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. LAMB'S MOTION TO HOLD OVER.
CASE NUMBER BO A 25 DASH ZERO FOUR MS. LA AYE MR. CAMPBELL AYE.
MOTION TO HOLD OVER PASSES FIVE TO ZERO.
ALL NEXT, THE CHAIR WILL ENTERTAIN A MOTION ON CASE NUMBER BO OA DASH 25 DASH 1 0 6, THE APPLICATION PER SPECIAL EXCEPTION AT 1 2 3 0 4 HALIMA STREET, MS. LAMB, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 0 1 0 7.
UH, HOLD THIS MATTER UNDER SIX, SORRY, SIX, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 1 0 6 HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 20TH, 2026 WITH INSTRUCTION TO STAFF FOR WE NOTICE THE CASE.
UM, MS. LAMB, ANY ADDITIONAL COMMENTS? NO.
MR. CAMPBELL, MR. QUINT OR MR. FINNEY? NO.
ALL RIGHT, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. LAMB'S MODE, MS. LAMB? AYE.
MOTION TO HOLD OVER PASSES FIVE ZERO.
RIGHT NEXT THE CHAIR WILL ENTERTAIN A MOTION ON CASE NUMBER BO OA DASH 25 DASH 0 7 12 3 6 4 HALIMA STREET, MS. LAMB, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 0 0 1 0 7 HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 20TH, 2026.
INSTRUCTION TO STAFF TO RENO THE CASE.
ANY DISCUSSION ON THE MOTION? MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. LAMBS MO AYE UH OH.
MOTION TO HOLD OVER PASSES 5 2 0.
NEXT THE CHAIR WILL ENTERTAIN A MOTION ON CASE NUMBER BO OA DASH 25 DASH 10, UH, THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 8 4 HALIMA STREET, MS. LAMB, I MOVE WITH THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 25 DASH 0 0 1 0 HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 20TH, 2026 WITH INSTRUCTION TO STAFF TO RENO THE CASE.
ALRIGHT, ANY DISCUSSION MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE MS. LAMB.
MOTION TO HOLD OVER PASSES 5 2 0.
NEXT THE CHAIR WILL ENTERTAIN A MOTION ON CASE NUMBER BO EIGHT DASH 26, UH, EIGHT APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 4 4 HALIMA STREET, MS. LAMB, I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 26 DASH 0 0 0 8 HOLD THIS MATTER UNDER ADVISEMENT UNTIL MAY 20TH, 2026 WITH INSTRUCTION TO STAFF THE RENO TICKETS.
IS THERE A SECOND? SECOND? ALRIGHT, UH, ANY DISCUSSION STARTING WITH MS? I DO WANNA SAY ONE THING ABOUT OUR HOLD HERE.
UM, STAFF DID A GREAT JOB OF NOTICING WE ARE DOING THIS AS A CONSERVATIVE MEASURE HERE AND THEN STAFF, UM, WITH THE DIRECTION OF THESE TO RE-NOTICE.
I HOPE, UM, THE SPEAKER WILL PROVIDE HIS ADDRESS AND CONTACT INFORMATION SO THAT WE CAN ALSO INCLUDE HIM ON THE NOTICE.
ANY ADDITIONAL DISCUSSION ON MS. LAMB'S MOTION TO HOLD OVER THE, UH, CASE, UH, BO OA DASH 26 S EIGHT.
ALL RIGHT, MS. WILLIAMS, MAY WE PLEASE TAKE A ROLL CALL? VOTE MAY SLAM.
[00:50:11]
HI.SO WE ARE MOVING ON TO THE APPLICATION FOR FEE WAIVERS.
UM, WE'RE GONNA START WITH CASE NUMBER BO OA DASH 25 DASH ZERO SEVEN.
THE APPLICATION FOR, UH, I SAID WAIVER.
IT'S ACTUALLY A, A APPLICATION FOR FEE REIMBURSEMENT AT 1 2 3 6 4 HALIMA STREET.
I THINK WE'VE, IT'S MR. BURLOW
CAN, CAN YOU PLEASE COME TO THE MICROPHONE AND, UH, ONE TWO THREE SIX FOUR IS FOR MIKE, OUR NEIGHBOR AND HE'S ONLINE BUT HE'S UNABLE TO SPEAK ON HIS BEHALF FOR THE FEE REIMBURSEMENT.
AND I'M SORRY, DON'T TOTALLY FOLLOW.
YOU MEAN HIS MICROPHONE IS NOT WORKING OR HE JUST DOESN'T FEEL COMFORTABLE? HIS MICROPHONE IS NOT WORKING ONLINE.
UM, ALRIGHT, IN THAT CASE I'M GONNA CALL BEFORE I ENTERTAIN A MOTION I'M GONNA ASK, ALRIGHT, SO, UM, I'M GONNA CALL ANY OTHER SPEAKERS IN FAVOR, CALL ANY IN OPPOSITION, THEN WE WILL, I'LL ENTERTAIN A MOTION ON THIS.
IS THERE ANYONE ELSE, UM, WHO WOULD LIKE TO SPEAK IN FAVOR OF THE APPLICATION FOR FEE REIMBURSEMENT AT 1 2 3 6 4 HALIMA? I, AGAIN, SALAMA WOULD GET YOU 1, 2 3 2 4
MICHAEL, UM, WAS REQUESTING A FEE, UH, WAIVER.
UM, HE'S ON THE WEBEX BUT HE'S UNABLE TO SPEAK.
THEY SAID, UM, SO I, I DON'T KNOW 'CAUSE I KNOW LAST TIME I SPOKE ON HIS BEHALF AND I WASN'T UNABLE TO PROVIDE THE ANSWERS THAT Y'ALL WANTED.
SO THAT'S WHY HE WAS ABLE TO GET ON THE WEBSITE.
SO WE'VE UH, TRIED TO SEE IF WE CAN MAKE IT WHERE HE CAN SPEAK AND WE WERE NOT SUCCESSFUL IN THAT.
SO I THINK WE'RE HEADED TOWARDS HOLDING HIS, UH, APPLICATION FOR FEE REIMBURSEMENT OVER ALONG WITH THE REST OF THE CASES.
AND SO THEN IF HE WANTED TO COME IN PERSON OR UH, TRY TO JOIN BY WEBEX NEXT TIME WE COULD DO THAT, BUT I THINK THAT'S THE WAY WE'RE HEADED.
IF WE CAN JUST MOVE IT TO MAY AND THEN I'LL TELL HIM.
I THINK THE REASON WHY IS BECAUSE MAYBE HE DIDN'T REGISTER THIS TIME.
SO I'LL MAKE SURE THAT HE GETS REGISTERED.
UM, JUST TO CLARIFY, YES, HE DID NOT REGISTER ONLINE AND I'M NOT SURE IF HE WAS TRYING TO REGISTER AFTER THE TIME THAT IT WAS.
AND UM, BUT ALSO HE'S NOT SHOWING, LIKE HIS NAME IS NOT SHOWING.
THERE IS A UNKNOWN, UM, LISTED AS ATTENDEES.
HOWEVER, I CANNOT PULL HIM AS A PANELIST.
SO, SO I, AND I'M NOT SURE, I'M NOT EVEN SURE IF THAT'S HIM.
AND WE DON'T THINK THE ISSUE'S ON OUR END.
AND I HAVE NOT RECEIVED ANY MESSAGES FROM HIM SAYING THAT IT IS HIM.
SO I'M NOT JUST FOR THE RECORD.
UM, ANY OTHER SPEAKERS IN FAVOR? ANY SPEAKERS IN OPPOSITION TO THE APPLICATION FOR FEE REIMBURSEMENT AT 1 2 3 6 4 HALIMA STREET? SEEING NONE, THE CHAIR WILL ENTERTAIN A MOTION ON THE APPLICATION FOR FEE REIMBURSEMENT.
MR. QUINT, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BOA 25 0 0 0 1 0 7 FR TWO HOLD THIS MATTER OVER, UH, UNDER ADVISEMENT
[00:55:01]
UNTIL MAY 20, 20, 26.IS THERE A SECOND FOR MR. QUINT'S MOTION? AYE.
ALL RIGHT, ANY DISCUSSION ON THE MOTION STARTING WITH MR. QUINT? NO.
NO FROM MR. CAMPBELL? NO FROM MS. LAMB.
I THINK WE'VE GIVEN A LOT OF GRACE HERE.
I THINK WE CAN GIVE A LITTLE BIT MORE GRACE.
ALRIGHT, WITH THAT, UH, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MR. QUINT'S MOTION TO HOLD OVER THE FEE REIMBURSEMENT AT 1 2 3 6 4 HALIMA.
MOTION FOR HOLDOVER PASSES? FIVE ZERO.
NEXT WE ARE CALLING THE APPLICATION FOUR FEE REIMBURSEMENT, UH, IN CASE NUMBER BO A DASH 25 DASH.
THE ADDRESS IS 1 2 3 8 4 HALIMA STREET AND THE APPLICANT IS SAMIR MOGUL.
UM, YEAH, SO I'M FOR HANNAH ANI, A WIFE OF
BEFORE YOU GET STARTED, HA HAVE YOU BEEN SWORN IN ALREADY? NO.
MS. WILLIAMS IS GONNA SWEAR YOU IN AND THEN GET YOUR NAME AND ADDRESS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
CAN YOU MAKE SURE THE MICROPHONE IS ON? UM, YES, IT IS ON.
AND WOULD YOU GIVE US YOUR NAME AND YOUR ADDRESS PLEASE? UM, HAN MULTANI ADDRESS IS 1 2 3 84 HALMA STREET, DALLAS, TEXAS 7 5 2 4 3.
UM, UH, WE LAST TIME, UM, I WAS NOT ABLE TO COME IN FOR THE ARRANGEMENT TO CHILDCARE AND AGAIN, TODAY'S STRUGGLE BECAUSE SPRING BREAK, UH, SOMEHOW I MANAGED THE OTHER TWO KIDS, BUT THIS ONE COULD NOT.
UM, AND WE REALLY WANT TO, UM, GET THE, UM, THE REIMBURSEMENT BECAUSE THERE'S GOING TO BE A LOT OF COSTS ALREADY TO BUILD THIS FENCE FOR US, OUR PROPERTY.
UM, AND THIS WOULD DEFINITELY HELP US, UM, THIS, UH, THAT WE ENDED UP PAYING $770, UM, AND TO BUILD THE WALL IS GONNA COST US $3,000 ADDITIONAL THAT WE, WE WILL HAVE TO COME UP WITH.
AND I WANT TO, UM, I WANT TO, UH, I WANT, UH, MY APPLICATION TO BE ACCEPTED.
I'M GONNA GIVE ANYONE A CHANCE FOR QUESTIONS FOCUSED ON OUR STANDARD, WHICH IS WHETHER IN THE OPINION OF THE BOARD, UH, PAYING THE FEE WOULD IMPOSE A, AN UNDUE FINANCIAL HARDSHIP.
ANY QUESTIONS FROM THE BOARD, MR. QUINTA? SO, UM, HELP, HELP US UNDERSTAND IF YOU WOULD, THE, THE FEE RELATIVE TO THE, THE COST.
AND, AND I WOULD LIKE TO GET A LOT OF THINGS PAID FOR BY THE CITY OR WAIVE BY THE CITY MYSELF.
SO HELP US UNDERSTAND YOUR SITUATION.
UH, A FEE I IT JUST LIKE A, A HARDSHIP FOR A LOT OF COST INVOLVED IN D TO DAY.
UM, I DID WRITE IT ON MY INITIAL APPLICATION THAT WE HAVE, UM, EXPENSES, UM, CHILDCARE EXPENSES, AND IT, THIS IS JUST A ADDITIONAL BURDEN, UM, WE ALREADY PAID, BUT, UM, WE ARE, UM, LOOKING FOR REIMBURSEMENT TO JUST MAKE THINGS MORE SMOOTHER AND EASIER ON US.
ANY ADDITIONAL QUESTIONS FOR THE APPLICANT'S REPRESENTATIVE? ALRIGHT, THANK YOU MA'AM.
UM, ANYONE ELSE? DOES ANYONE ELSE WISH TO SPEAK IN FAVOR OF THE APPLICATION FOR FEE REIMBURSEMENT AT 1 2 3 8 4 HALIMA STREET? THERE'S NO OTHER REGISTERED SPEAKER, SIR.
AND LAST CALL FOR ANY SPEAKERS IN OPPOSITION TO THE APPLICATION FOR FEE REIMBURSEMENT.
NO SPEAKERS MR. ALRIGHT THEN, UH, THE CHAIR WILL ENTERTAIN A MOTION ON THE APPLICATION FOR FEE REIMBURSEMENT AT 1 2 3 8 4 HALIMA STREET, MS. LAMB.
I MOVE TO THE BOARD OF ADJUSTMENT APPEAL
[01:00:01]
NUMBER BO OA DASH TWO FIVE DASH 0 0 0 1 1 10 DASH FR THREE ON APPLICATION SAM MOGUL GRANT THE REQUEST TO REIMBURSE FOR FILING FEES PAID AN ASSOCIATION WITH REQUEST FOR SPECIAL EXCEPTION FOR DEFENSE HEIGHT REGULATIONS AS REQUESTED BY THIS APPLICANT.DESIRE EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE P FEE WOULD RESULT IN A SUBSTANTIAL FINANCIAL HARDSHIP ATTACK.
ANY SECOND TO MS. LAMB'S MOTION? I SECOND THE MOTION.
ALRIGHT, DISCUSSION STARTING WITH MS. LAMB.
UM, I THINK ONE PIECE IS, IS THE FEE THAT SHE'S PAID IS ALMOST A THIRD OF WHAT THE WHOLE PROJECT IS, SO THAT IS INCONSIDERATION.
I THINK ALSO THE BURDEN
MR. FINNEY, I ECHO, UH, MS. LAMB'S COMMENTS.
I THINK IN ADDITION, JUST, UH, THE OVERALL DELAY OF THIS WILL JUST FURTHER DELAY THE, THE, THE PROJECT ITSELF ONCE MEANS THE COST OF CONSTRUCTION OF THIS FENCE WILL ONLY BE HIGHER BY THE TIME THEY ACTUALLY GET TO BUILD IT.
SO, UM, I SYMPATHIZE WITH, UH, HER THE, THE CASE THAT, THAT THE APPLICANT MADE AND THAT'S WHY WE'LL BE SUPPORTING THIS MOTION.
ANY ADDITIONAL DISCUSSION ON THE MOTION? ALRIGHT THEN MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. WILLIAMS' MOTION TO GRANT THE APPLICATION FOR FEE REIMBURSEMENT.
MR. QUINN NAY? MR. CAMPBELL? MR. FINNEY? AYE.
MOTION TO GRAHAM PASSES FOR THE ONE.
YOU'LL GET A LETTER IN THE MAIL, UM, ON THE APPLICATION FOR FEE REIMBURSEMENT.
ALL RIGHT, NOW WE ARE MOVING ON.
YOU'RE WELCOME TO STICK AROUND IF YOU'RE INTERESTED, BUT UH,
ALRIGHT, THANK YOU FOR YOUR PATIENCE ON OUR FINAL ITEM, WHICH IS CASE NUMBER BO A DASH 25 DASH 94.
IT'S THE APPLICATION FOR VARIANCE AT 1 1 5, 1 RIDGEWOOD DRIVE AND THAT'S THE APPLICATION OF APRIL RENTERIA? YES, MA'AM.
ALL RIGHT, MS. RENTERIA, MS. WILLIAMS IS GONNA SWEAR YOU IN.
CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? AB AND IT'S 1151 RIDGEWOOD DRIVE, DALLAS, TEXAS 7 5 2 1 7.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
UM, JUST KIND OF A LITTLE RECAP FROM LAST TIME THAT I WAS HERE.
UM, MY HUSBAND, MY FAMILY AND I MOVED IT IN 2005.
THE ROOM DID GET CONSTRUCTED IN OH SEVEN, WHICH WAS MADE BY MY AUNT.
IT GOT TRANSFERRED TO MY SISTER, WHICH IS ACTUALLY VENT THE OWNER.
AND WE WOULD, WE BELIEVED EVERYTHING WAS IN ORDER.
WE BELIEVED THAT WE WENT THROUGH THE PROPER CHANNELS, THAT EVERYTHING WAS IN ORDER.
WE WERE NOTIFIED BY OUR COURT COMPLIANCE OFFICER THAT THE STRUCTURE DID NOT HAVE A PERMIT.
WE DID NOT KNOW THAT WAS TRUE.
UM, IN 2022, MY MOM DID PASS AWAY.
SO ALL THE PAPERWORK, WE DON'T KNOW WHERE'S IT AT? UM, WE DID GO, I DID ASK OUR, UM, THE LADY THAT HAS BEEN HELPING ME TO SEE IF WE'RE ABLE TO FIND OLDER DOCUMENTS, WHICH THEY BELIEVE THAT THERE'S NOTHING.
UM, IN 2024, WE KIND OF CLEANED OUT THE BACK ROOMS, WHICH WE USE THEM FOR STORAGE.
UM, I'M NOW USING IT AS A STORAGE WITH THE SIDE OF, UM, THESE TWO ROOMS, BIG ONE ROOM.
UM, I USE IT FOR MY DOG WHENEVER THERE'S LIKE SEVERE WEATHER.
UM, WE DON'T USE IT AS A RENTAL UNIT OR A BUSINESS OPERATION.
UM, IT'S JUST USED FOR STRICTLY, UM, STORAGE PURPOSES AND OCCASIONALLY FOR OUR DOGS.
UM, WE HAVE NEVER HAD OUR NEIGHBORS SAYING THAT IT HAD CAUSED ANY DISTURBANCE OR ANY NOISE RELATED SAFETY OR PRIVACY ISSUES.
SINCE BEING NOTIFIED BY THE CITY, WE HAVE BEEN, UM, OPERATE, COOPERATING WITH APPROPRIATE CHANNELS TO SEE, WELL, IT'S ABLE TO BE DONE.
IT WAS ON MANY YEARS AGO, UM, WHICH SEEMS TO AFFECT, I GUESS, THE NEIGHBORHOOD OR PRIVATE.
WE DID CONSIDER GETTING AN ESTIMATOR TO SEE,
[01:05:01]
KNOCKING IT DOWN, UM, AND REBUILDING IT CLOSER TO THE HOUSE.BUT IT DOES GO FAR FROM OUR, UM, FINANCIAL, UM, I JUST RESPECTFULLY REQUEST ANY CONSIDERATION OR, UM, TO BE ABLE TO JUST TO BE ABLE TO STORE OUR MOM'S BELONGINGS THAT WE HAVE, WE HAVE BACK THERE TO KEEP AS SAFE KEEPING STILL AND FOR OUR DOGS.
UM, ANY QUESTIONS FOR THE APPLICANT, MS. LAMB? UM, I SEE THAT THERE'S TWO PARTS TO THE STRUCTURE.
ONE IS BEING UTILIZED TO SHELTER YOUR ANIMALS.
UM, THE OTHER, IS IT SORT OF DOG PATIO, THE OTHER'S A SHED BACK CONDITION.
ARE THERE ANY ROOMS WITHIN THE, THE SHED BACK CONDITION? ARE THERE ANY BATHROOMS OR ANY SORT OF, UH, UTILITY STRUCTURES INSIDE THAT? JUST ELECTRICITY? NO PLUMBING, NO KITCHEN, NOTHING.
THERE'S NOT A KITCHEN, BATHROOM, BEDROOM OR ANYTHING LIKE THAT? NO, MA'AM.
IT'S JUST THE ONE BIG ROOM AND LIKE IT'S DIVIDED IN HALF, SO IT MAKES TWO ROOMS. OKAY, SURE.
SO, UM, SO THE STRUCTURE YOU MENTIONED, IT HAS NO PLUMBING.
NO PLUMBING, NO PLUMBING, SO IT JUST, IT DOES HAVE ELECTRICITY THOUGH.
UM, AND AT ANY TIME HAVE Y'ALL HAD RELATIVES STAYING THERE? UM, OVERNIGHT GUESTS? NO.
I BELIEVE WHEN MY AUNT DID BUILD IT, IT WAS A PURPOSE FOR THAT, BUT ONCE SHE TRANSFERRED THE WHOLE, UM, THE WHOLE TITLE, HE JUST USED IT AS LIKE GARAGE SALE ITEMS TO PUT BACK THERE OR LIKE STORAGE.
MR. CAMPBELL, THIS WAS CONSTRUCTED, YOU SAID IN 2000, WHEN WAS IT? 2007.
SO IT'S BEEN THERE FOR ALMOST 20 YEARS.
AND CO COMPLIANCE CAUGHT IT RECENTLY? YES, 2024.
AND THAT WAS, SORRY, THAT WAS BECAUSE THERE WAS LIKE HOMELESS PEOPLE AND EVERYBODY IN THE NEIGHBORHOOD WAS CALLING IT IN, CALLING IN THE HOMELESS PEOPLE IN THE BACK.
IS IT REAR, IS IT ACCESSIBLE THROUGH THE REAR OR IS IT ONLY ACCESSIBLE THROUGH THE FRONT? THROUGH THE FRONT.
UM, SO DID YOU KNOW THESE HOMELESS PEOPLE WERE LIVING OR SQUATTING ON THE PROPERTY? YES, BECAUSE IT'S A CHURCH BEHIND THE WHOLE NEIGHBORHOOD AND I GUESS THEY GAVE 'EM ASYLUM OR SOMETHING LIKE THAT.
SO ONCE EVERYBODY WAS CALLING IT IN THAT THEY WERE MAKING NOISE, THAT CARS KEPT COMING, UM, WITH LOUD MUSIC IN THE BACK.
WE CALLED, I DON'T KNOW WHO WE CALLED, BUT WE WERE JUST CALLING TO COMPLAIN THAT THEY WASN'T SAFE FOR US.
OKAY, BUT THEY WERE ACTUALLY LIVING ON YOUR PROPERTY? NOT ON OUR PROPERTY, BUT BEHIND IT, LIKE AN PROPERTY.
AND THEY WERE SETTING FIRES AND STUFF, SO.
ANY FURTHER QUESTIONS FOR THE APPLICANT? AND, AND I THINK WE SAW THERE WERE SOME, I'M SORRY, SORRY,
MR. QUINT, UM, YOU, YOU HAD GATHERED SOME LETTERS OF SUPPORT.
IS THAT CORRECT? ARE THOSE NEIGHBORS ON BOTH SIDES OF YOU ARE, DID, ARE, ARE THEY TO EACH SIDE OF YOU? ARE THEY IN SUPPORT OF YOU OF THIS? YES.
ONE IS IN FRONT OF ME, TWO, WELL, TWO HOUSES DOWN.
UM, AND THEN TWO OF THEM, TWO HOUSES DOWN TO MY MINE SIDE OF MY HOUSE.
WHAT ABOUT YOUR DIRECT NEIGHBORS ON EITHER SIDE OF YOU? THE, THE FIRST, THE FOLKS ACROSS THE STREET WERE ABLE TO SEE THIS STRUCTURE IS THAT FAIR? UM, THEY DIDN'T NOTIFY ME WITH NOTHING BACK, BUT THEY DID GET NOTICED.
WHAT ABOUT YOUR NEIGHBORS ON EITHER SIDE OF YOU? UM, THEY, ONE OF THEM DID SEND ME, UM, THE OTHER ONE DID HAVE A ISSUE WITH THE, ANOTHER ROOM IN THE BACK AS WELL WHEN, UM, IN 2024 THAT IT HAPPENED.
UM, SO I GUESS I'M NOT SURE IF THEY FEEL, UM, SOME TYPE OF WAY THAT I'M ACTUALLY HERE TODAY AND THEY DIDN'T HAVE AN OPTION TO COME HERE SINCE I BELIEVE THEY MIGHT HAVE BEEN RENTING IT, SO THEY JUST DIDN'T GET A WORD BACK TO ME.
ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? ALL RIGHT.
YOU ARE WELCOME TO TAKE A SEAT.
I'M GONNA ASK IF THERE ARE ANY ADDITIONAL SPEAKERS WHO'D LIKE TO BE HEARD ON THE APPLICATION FOR VARIANCE AT 1 1 5, 1 RIDGEWOOD DRIVE THAT'S EITHER IN FAVOR OR IN OPPOSITION.
THEN AT THIS POINT, THE CHAIR WOULD ENTERTAIN A MOTION ON THE APPLICATION FOR VARIANCE AT 1 1 5 1 RIDGEWOOD DRIVE.
MR. FINNEY, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B OH A 25 0 0 0 9 4 ON THE APPLICATION OF APRIL RENTER GRANT, THE ONE FOOT FIVE AND A HALF VARIANCE TO THE BUILDING
[01:10:01]
HEIGHT FOR STRUCTURES ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS 'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT AT THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND FOR MR. FINNEY'S MOTION TO GRANT THE APPLICATION? SORRY.
ANY DISCUSSIONS STARTING WITH MR. FINNEY? YEAH, I THINK, UH, IT'S VERY CLEAR THAT THE APPLICANT WAS UNAWARE, UM, THAT THE ACCESSORY STRUCTURE WAS NON-COMPLIANT.
UM, AND IT SEEMS THAT SHE'S, UH, ACTED IN GOOD FAITH, UM, ONCE SINCE THE CITY NOTIFIED HER.
UM, AND SO I, UH, I THINK IT'S REALLY, UH, UM, IT WOULD BE INAPPROPRIATE TO, UM, HOLD HER ACCOUNTABLE FOR, UH, THE SINS OF PREVIOUS OWNERS IN THIS SITUATION.
SO THAT'S WHY I, UM, PROPOSE THIS EMOTION
ANY FURTHER COMMENTS MR. CAMPBELL? I AGREE.
UH, BASED OFF THE TESTIMONY BOTH HERE AND AT THE FEE WAIVER DISCUSSION A COUPLE MONTHS AGO, UH, THIS HAS BEEN AROUND FOR 19 YEARS NOW AND ESSENTIALLY WHAT'S HAPPENING IS
AND I, I JUST THINK THIS WOULD BE, IT, IT WOULD BE ACTUALLY AGAINST PUBLIC INTEREST, I WOULD SAY, TO ALLOW THIS TO BE, UH, TO GO THROUGH, UM, AND BE DENIED.
AND SO FOR THAT INTEREST OR FOR THAT REASON, I'M FULLY SUPPORTING THAT WE GRANT THIS.
ALL RIGHT, ANY ADDITIONAL COMMENTS ON MR. FINNEY'S MOTION? HEARING NONE, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MR. FINNEY'S MOTION TO GRANT THE APPLICATION FOR VARIANCE, MS. LAMB? AYE MR. QUINN? AYE.
MOTION TO GRAHAM PASSES? FIVE TO ZERO.
ALL RIGHT, MR. RENTER, THANK YOU VERY MUCH FOR YOUR PATIENCE.
I'M SORRY SIR, WE HAVE ANOTHER MOTION.
ACTUALLY A SMIDGE MORE PATIENCE.
UM, NEXT UP IS THE, UH, SECOND APPLICATION FOR VARIANCE IN THE SAME CASE NUMBER.
UM, AND THE CHAIR WILL ENTERTAIN A MOTION.
I WOULD, UH, LIKE TO MAKE A MOTION, MR. FINNEY, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BOA DASH 2 5 0 0 0 9 4 AN APPLICATION OF GABRIEL RENT ONTARIO GRANT, THE 95 FOOT VARIANCE TO THE FLOOR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS 'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMEN WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IS THERE A SECOND FOR MR. FINNEY'S? MOTION? SECOND.
ALRIGHT, ANY DISCUSSION ON MR. FINNEY'S MOTION? WE'LL START WITH MR. FINNEY.
UH, MY, MY PREVIOUS COMMENTS, UH, I THINK ARE EQUALLY APPROPRIATE, MR. CAMPBELL, MR. QUINT, MS. LAMB, ANY MR. CAMPBELL? I JUST WOULD LIKE TO SAY YOU DID AN EXCELLENT JOB PRESENTING TO THE BOARD AND, UH, AND ADVOCATING FOR YOURSELF AND YOUR FAMILY, SO THANK YOU FOR COMING.
ANY FURTHER COMMENTS? ALL RIGHT, MS. WILLIAMS, CAN WE TAKE A ROLL CALL VOTE ON MR. FINNEY'S MOTION TO GRANT? THE SECOND.
MOTION TO GRANT PASSES FIVE TO ZERO A NOW YOU'LL ACTUALLY GET A LETTER IN THE MAIL WITH OUR DECISION FROM THE BOARD.
SECRETARY, THANK YOU VERY MUCH FOR YOUR TIME TODAY.
IS THERE ANYTHING FURTHER FROM THE BOARD OR FROM CITY STAFF? JUST WANNA SAY THANK YOU.
HEARING NONE WE'RE ADJOURNED AT 2:25 PM.