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[Board of Adjustments: Panel C on May 18, 2026.]
WELCOME EVERYONE.UM, GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT.
I'M JARED SLADE AND I'M HONORED TO SERVE AS THE TEMPORARY PRESIDING OFFICER, OFFICER OF THE BOARD OF ADJUSTMENTS PANEL C.
TODAY IS MONDAY, AUGUST 18TH, 2026 WITH THE TIME OF 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD ADJUSTMENT PANEL SEAT BORDER FOR PUBLIC HEARING.
A QUORUM OF OUR PANEL MEMBERS, FOUR OF FIVE AT THE MOMENT IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING.
UM, AGAIN, I'M JARED SLATE AND HONOR TO SERVE AS YOUR TEMPORARY PRESIDING OFFICER.
HER LEFT IS AMELIA, CORRECT HER LEFT AND WE APPRECIATE HIM FOR SERVING AS AN ALTERNATE TODAY AS TC FLEMING AND THEN REGULAR BOARD MEMBER ROGER SINGTON IS GOING TO BE APPEARING VIRTUALLY RUNNING A COUPLE MINUTES BEHIND, BUT WE'LL BE JOINING US SHORTLY.
UM, SO THAT WE HAVE ALL FIVE MEMBERS FOR WHEN WE START HEARING ARE CONTESTED.
UM, STAFF PRESENT INCLUDES MY IMMEDIATE RIGHT RAISE, CARLISLE BOARD ATTORNEY, ASSISTANT CITY ATTORNEY.
KAN MILLER HOSKINS IS RUNNING A BIT BEHIND, UH, AND WILL BE JOINING US SHORTLY.
SHE'LL BE SERVING AS OUR BOARD ADMINISTRATOR, CHIEF PLANNER AND THEN TO HER SEATS, WRIGHT IS MARY WILLIAMS, BOARD SECRETARY AND MODERATOR.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME, BUT WE ARE TREATED TO ONE.
WE OPERATE UNDER THE CITY COUNCIL'S 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 UPON ITS OWN MERITS AND CIRCUMSTANCES.
THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS OF THE WARRANT FAVORABLE ACTION BY THE BOARD.
WE HAVE ALSO BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO VIEWED A DETAILED PUBLIC DOCKET WHICH EXPLAINS THE CASE SINCE POSTED SEVEN DAYS PRIOR TO THIS PUBLIC HEARING.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED.
I APPRECIATE EVERYONE WHO'S ALREADY SIGNED UP FOR.
IF YOU HAVE NOT DONE SO AND WISH TO SPEAK ON A PARTICULAR CASE OR ON THE PUBLIC UH, PORTION OF IT, PLEASE FILL OUT ONE OF THE BLUE SHEETS IN FRONT OF YOU AND LET MS. WILLIAMS THAT THE EVIDENCE WE RECEIVE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF PUBLIC RECORD FOR EACH CASE.
APPROVAL OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING OR ADMINISTRATIVE OFFICIALS DECISION REQUIRES 75% OR A MINIMUM OF FOUR AFFIRMATIVE VOTES OF A FULL FIVE MEMBER PANEL.
ALL OF THEIR MOTIONS REQUIRE A SIMPLE MAJORITY VOTE.
A DECISION LETTER OF THE BOARD'S ACTIONS TODAY WILL BE EMAILED TO THE APPLICANT BY OUR BOARD SECRETARY WITHIN TWO DAYS OF TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH DAY.
IN ADDITION, THE BOARD OF ADJUSTMENT WEBSITE PENDING CASE LOG PAGE WILL BE UPDATED.
AGAIN, ANYONE DESIRING TO SPEAK TODAY MUCH REGISTER IN ADVANCE WITH OUR BOARD SECRETARY.
EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR ON THE MATTER ON OUR AGENDA FOR A MAXIMUM OF THREE MINUTES UNLESS WE EXTEND THAT TIME.
A SPEAKER MAY ALSO SPEAK WITH A SPECIFIC CASES CALLED FOR PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES SUBJECT TO OUR DISCRETION DURING SKYPE.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON BOTH VIDEO AND AUDIO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL OTHER COMMENTS ARE GONNA BE DIRECTED FOR SIDING.
OFFICER TWO MAY MODIFY SPEAKER TABS NECESSARY TO MAINTAIN ORDER.
UM, WITH THAT, I BELIEVE I SAW THAT MR. SASHIN HAD BEEN ABLE TO JOIN US AND SO WE'LL BE COUNTED AS PART OF OUR FIVE.
UM, IN TERMS OF OUR AGENDA, UH, WHAT HAD STARTED IS HAVING THREE UNCONTESTED ITEMS. ONE HOLDER OVER ITEM ONE INDIVIDUAL ITEM HAS BEEN MODIFIED.
WE STILL HAVE ONE ITEM UNCONTESTED ON THE DOCKET.
THE OTHER TWO UNCONTESTED ITEMS ENDING IN OH NINE AND TWO ONE, UM, BECAUSE OF LETTERS AND OPPOSITION HAVE BEEN MOVED TO THE INDIVIDUAL ITEMS. UH, I HAVE MOVED IT SO THAT OUR ORDER WILL BE THE UNCONTESTED ITEM ENDING IN 71.
THEN WE'LL MOVE TO OUR HOLDOVER ITEM ENDING IN EIGHT ONE FOR 4 7 1 OH DORSETT ROAD.
THEN WE WILL HEAR THE, A INDIVIDUAL ITEM ENDING IN OH 19 1 2 4 5 HIGH MEADOW DRIVE.
THEN WE WILL GO WITH THE ITEM ENDING IN NINE 5,003 WORTH STREET AND THEN CONCLUDING WITH THE, UH, CASE ENDING IN 2 1 7 2 0 2 DUFFY.
UM, WITH THAT LET US MOVE INTO THE APPROVAL OF THE MINUTES.
UM, I HAD NOTED THAT THERE WAS A GRAPHICAL ERROR ON WHAT WAS PAGE 22 IN THE DOCKET THAT LISTED SHERRY GABO AT THE SECONDER EVEN THOUGH MS. GABO, UM, WAS NOT SERVING THAT PART DAY.
ANY OTHER EDITS TO OUR MINUTES? DEAN? NONE.
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OUR MINUTES FROM LAST MONTH? UM, MOTION TO APPROVE MEETING MINUTES FOR, UH, APRIL MEETING.ALL THOSE IN FAVOR, VOICE VOTE.
THE NEXT ITEM ON THE DOCKET IS, UH, OUR UNCONTESTED DOCKET AND I WILL GO AHEAD AND MAKE A MOTION.
I MOVE THE BOARD OF ADJUSTMENT GRANT FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE, THE APPLICATION SATISFIES ALL THE REQUIREMENTS OF DALLAS DEVELOPMENT CODE AND IT'S CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE IS APPLICABLE TO W BO A 2 5 0 0 0 0 7 1 APPLICATION OF JENNIFER RETO FOR SPECIAL EXCEPTION OF THE OFF STREET PARKING REGULATIONS CONTAINED IN DALLAS.
DEVELOPMENT CODE IS GRANTED SUBJECT TO FOLLOWING CONDITION.
A SPECIAL EXCEPTION OF 195 SPACES SHALL AUTOMATICALLY AND IMMEDIATELY DETERMINE AND HIT THEM, RUN THE RESTAURANT WITHOUT DRIVE-IN OR DRIVE THROUGH SERVICE.
GENERAL MERCHANDISE OR FOOD STORE 3,500 SQUARE OR LESS OFFICE SHOWROOM AND WAREHOUSE USE ARE CHANGED OR DISCONTINUED.
SECOND SA I THINK I HEARD MS. GARNER JUST AHEAD OF YOU, MR. TON.
UH, ANY DISCUSSION ON THIS
WE NEED TO ASK THE, UM, APPLICANTS, UH, AND MR. DE TO COME PUT PRESENT DEFENSE.
WITH THAT, I'LL ASK MS. WILLIAMS TO HOLD IT.
WITH THAT, UH, AS PREVIEWED, WE WILL MOVE TO THE ACTION THAT HAD BEEN OUR HOLDOVER ITEM THAT IS BOA 2 5 0 0 0 0 8 1 47 10 DORSETT ROAD.
I'LL ASK THE MR. BALDWIN TO COME ON UP, SPEAK AND, UH, FOR THOSE OF YOU TO COME UP TO SPEAK, UH, PLEASE MAKE SURE YOUR MIC'S ON.
YOU'LL PRESENT YOUR NAME, YOU'LL OFFER AN ADDRESS THAT YOU CAN BE FOUND, AND THEN MS. WILLIAMS WILL SWEAR YOU IN BEFORE YOUR, YOUR TIME STARTS CLICKING.
MS. WILLIAMS, ARE YOU READY TO SWEAR MR. BALDWIN IN? DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
UH, BRIAN, DO YOU HAVE A PRESENTATION? I OKAY, I'LL, I'LL JUST KEEP TALKING.
IF YOU CAN STATE YOUR NAME AND ADDRESS, PLEASE.
UM, GOOD AFTERNOON LADIES AND GENTLEMEN.
MY NAME'S ROB BALDWIN, OFFICER 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
AND FIRST OF ALL, I'D LIKE TO THANK YOU ALL FOR GIVING US THE OPPORTUNITY TO, TO WORK WITH OUR NEIGHBORS, UH, TO TRY TO RESOLVE THE, THE ISSUES HERE.
AND SECOND OF ALL, I'D LIKE TO THANK OUR NEIGHBORS WHO ARE HERE BEHIND ME TONIGHT OR THIS AFTERNOON.
UH, THEY'VE BEEN NOTHING BUT, OH, MR. BALDWIN.
DID YOU SEND US A NEW, UM, PRESENTATION? YEAH, I SENT IT BACK WITH A, AN UPDATED DOCUMENTARY EVIDENCE AND THERE WAS A PRESENTATION IN THERE.
WAS THAT TO THIS HOS? UH, I THINK IT WENT TO ME TOO.
SO ANYWAY, UM, OUR NEIGHBORS HAVE BEEN NOTHING BUT, BUT KIND AND PATIENT AND REASONABLE AND THAT'S ALL YOU CAN ASK.
AND I WAS VERY BLESSED AND I, I REALLY HAVE ENJOYED MEETING HIM.
THAT BEING SAID, WE'RE NOT ALL ON THE SAME PAGE YET.
SO, UM, WHEN WE LEFT HERE LAST TIME, THERE WAS SEVERAL ITEMS THAT, THAT THEY WANTED TO US TO TRY TO ADDRESS.
UM, WE, I THINK WE GOT TO MOST OF THEM.
UH, I WAS HOPING WE COULD GET INTO A GOOD NEIGHBOR AGREEMENT WITH OUR, OUR NEIGHBORS.
UH, UNFORTUNATELY, UH, MY CLIENT, UH, DECLINED TO AGREE TO ENTER INTO THAT SET IN A WRITTEN AGREEMENT.
THAT BEING SAID, WE DID CHANGE THE PLAN AND HOPEFULLY YOU HAVE A REVISED SET OF PLANS HERE THAT ADDRESSED A LOT OF WHAT THEY WOULD LIKE.
FIRST OF ALL, WE, MR. ROWLAND, CAN I PAUSE YOU FOR A SECOND? AM I CORRECT THAT YOUR UPDATED POWERPOINT WAS INCLUDED IN THE PUBLIC DOCKET? YES.
HAVE THAT, IT'S, UH, WE'RE NOT GONNA WASTE EVERYBODY'S TIME WAITING FOR THAT TO COME UP.
UM, THEY ASKED THAT THE, THE PROJECT NOT EXCEED 30 FEET IN HEIGHT.
SO SINCE WE COULDN'T GET ON, GET MY CLIENT TO SIGN A GOOD NEIGHBOR AGREEMENT, WHAT WE DID IS WE MODIFIED THE PLANS TO ADMIN
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TO ADDRESS THE SAME THINGS, TO PUT 'EM ON THE PLAN.SO THEY ENFORCEABLE BY THE CITY OF DALLAS.
SO WE LOWERED THE HEIGHT FOR 30 FEET.
UM, THEY WANTED TO HAVE NO WINDOWS ON, UH, THE SOUTH SIDE OF THE PROJECT.
WE NEED THE WINDOWS FOR LIGHT, BUT WE AGREED TO FROST THEM.
SO THEY'RE OPEN TO TRANSLUCENT, BUT YOU CAN'T SEE THROUGH 'EM THAT'S ON THE PLANS.
UM, WE PUT ON THE PLANS THAT THE PROJECT WILL NOT HAVE ANY LIVING SPACE IN IT.
UH, NO KITCHEN OR SLEEPING PORTS, SO IT'S NOT A RESIDENTIAL STRUCTURE.
UH, THEY ASKED US TO FINISH A DRIVEWAY LEADING FROM DOOR SET TO THIS NEW STRUCTURE.
UH, WE'VE AGREED TO DO THAT AND SHOWS THAT ON THE SITE PLAN, UH, WHICH PREVIOUSLY WASN'T THERE.
AND WHAT WE'VE ALSO MADE THAT ON NOTE ON THE SITE PLAN THAT IS THE MAIN ACCESS POINT TO THE STRUCTURE, TRY TO GET CARS AND VEHICLES OFF OF LENNOX LANE.
UH, THE, WE MET WITH THE, UH, PROJECT MANAGER, UH, CHARLIE FLANAGAN, WHO WAS HERE AT THE LAST MEETING.
HE AGREED HE WILL DO INVEST TO PICK UP TRASH AND DEBRIS AND CONSTRUCTION MATERIALS, UH, ALONG DETERMINES OF LEN LANE.
WE, THERE WAS CONCERNS ABOUT PEOPLE LOITERING, UH, IN LENNOX LANE.
SO MY PROPERTY OWNER HAD ALREADY PUT LIGHTS UP IN THE TREES, SOFT LIGHTS TO ILLUMINATE THE END OF LENNOX LANE, SO IT DOESN'T MAKE AN ATTRACTIVE NUISANCE.
UM, THEY WANTED US TO LIMIT THE ACCESS TO PROPERTY FROM LENOX LANE TO SPECIAL EVENTS, NOT MORE THAN THREE TIMES A YEAR.
THAT'S WHERE WE COULD NOT AGREE TO IT, UM, AS PART OF THE, UH, GOOD NEIGHBOR AGREEMENT.
BUT WE DID PUT ON THE, THE SITE PLAN THAT THE LENNOX LANE IS, UH, SECONDARY ACCESS AND TO BE SPARING THEM.
UH, WE, UM, ALSO ADDED A, A BARRIER AT THE, UH, END OF LENNOX LANE SO CARS COULD NOT PARK AND NOT BE SEEN.
AND, UM, SO ALTHOUGH WE DIDN'T GET EVERYTHING, I THINK WE GOT 90% OF IT.
UM, THE PLANS IN ELEVATIONS ARE IN THE CITY.
SHOULD THIS BE GRANTED, UH, THE NOTES AND THE PLANS WOULD BE ENFORCEABLE BY THE CITY AS PART OF THE BOARD OF ADJUSTMENT.
UM, I'M HERE ANSWERING QUESTIONS.
I HOPE YOU CAN SUPPORT THIS REQUEST AND THANK YOU VERY MUCH FOR YOUR TIME.
UM, AND INDULGE ME AS I'M LIKELY TO BE POKING, UH, EACH SPEAKER IN THE EYE.
SO WHAT IS THE APPLICANT'S POSITION ABOUT WHAT IS THE RESTRICTED AREA, SHAPE OR SLOPE THAT HELPS JUSTIFY? WELL, THIS, THIS ONE IS AN ODD ONE.
UM, THE, THE, THE PROPERTY IS A LARGE PIECE OF PROPERTY HAS GOT A SMALL HOUSE ON, UM, IF MOST OF THE, THE HOUSES, AND YOU PROBABLY SAW IT IN, IN MY PRESENTATION, PREVIOUS ONE, THE CHART WITH THE RATIO OF THE YEAH.
UH, BY DOING WHAT HE THOUGHT WAS A, A GOOD DEED, MAKING A SMALLER HOUSE.
'CAUSE HE DOESN'T ACTUALLY LIVE ON THIS PROPERTY.
HE LIVES ON THE PROPERTY RIGHT NEXT DOOR.
UM, HE KEPT IT SMALL, UH, BASED ON HOUSES IN THE AREA, ABOUT 4,500 SQUARE FEET.
UM, SO IN THE CITY OF DALLAS RULES, YOU CANNOT HAVE AN ACCESSORY STRUCTURE THAT EXCEEDS, UH, 25% OF THE LOT AREA.
THE MAIN STRUCTURE ON THE HOUSE, ON THE PROPERTY, AND ALL ACCESSORY STRUCTURES COMBINED CANNOT EXCEED 50% OF THAT.
SO IF WE WERE TO TAKE THIS BUILDING, CUT IT IN HALF, BUILD TWO BUILDINGS, WE COULD DO IT WITHOUT COMING TO SEE YOU.
IF WE WERE TO CALL THIS BUILDING A GARAGE, UH, GARAGE FLOOR AREA IS NOT CONSIDERED FLOOR AREA, THEN WE, WE WOULDN'T HEAR BE HERE.
BUT THIS IS ACTUALLY A STORAGE ROOM, A TWO STORY STORAGE ROOM.
SO WE WANNA BE UPFRONT WITH YOU AND TELL YOU WHAT IT IS.
SO THE, THE LOT IS LARGE, IT'S RECTANGULAR, NOT A LOT OF SLOPE ON THE PROPERTY.
THE THE PROBLEM IS, IS, UM, WE DID NOT BUILD COMMENSURATE WITH OTHER HOUSES IN THE AREA.
AND SO OUR HARDSHIP IS THAT WE'RE, AND TRIED TO HAVE A SOFT FOOTPRINT THE FIRST TIME WE MADE IT DIFFICULT FOR US TO COMPLY WITH THE FUTURE PLANS AND HELP ME APPRECIATE THE DIFFERENCE.
IN TERMS OF IMPACT FOR THE, YOUR CLIENT BEING UNDERLYING APPLICANT ABOUT CHANGING IT FROM A STORED AREA TO A WHAT WOULD THAT IT WOULD LOOK THE SAME, BUT YOU WOULD, YOU'D HAVE TO, YOU WOULDN'T BUILD A STORE IN THE BOTTOM, YOU'D HAVE TO HAVE PRODUCT DOWN.
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UH, FROM WHAT I UNDERSTAND, MY CLIENT'S WIFE DOES A LOT OF ENTERTAINING AND DOES A, DOES SPECTACULAR CHRISTMAS PRESENTATION.THIS IS WHERE SHE STORES HER CHRISTMAS SUPPLY.
SO AGAIN, WE WANNA BE UPFRONT WITH SURE.
WITH YOU AND THE NEIGHBORS THAT, UM, IT WILL NOT BE USED TO BE, AT LEAST IT'S NOT INTENDED TO TODAY.
AND YOUR UNDERSTANDING OF THE CONTINUED NEIGHBOR OBJECTION PERTAINS TO THE POTENTIAL FREQUENCY OF USE OR ACTIS ON, UH, LENNOX LAND? YES, SIR.
UM, THE, MY CONTACT THROUGH THE OWNER, CHARLIE FLANAGAN, UH, HAS AGREED TO MAKE SURE THAT THE NEIGHBORS ARE NOTIFIED IN THE EVENT OF ANY LARGE GATHERING.
AND, UH, WE USE THE, THE SOUTHERN LENNOX LANE, YOU KNOW, IT'S A PUBLIC STREET, BUT USE IT VERY SPARINGLY.
UM, BUT MY CLIENTS WOULD NOT ENTER INTO A, UH, A GOOD NEIGHBOR AGREEMENT TO DO THAT.
SO CHARLIE'S GONNA BE ON THE PROPERTY FOR A LONG TIME.
UM, BUT HE'S NOT THE ONE WHO CAN ACTUALLY SIGN THAT AGREEMENT.
WE'VE OFFERED TO, TO HAVE CHARLIE SIGN ONE AS THE, THE CARETAKER OF THE PROPERTY, BUT THEY WON'T INCLUDE I UNDERSTAND THAT.
UM, I'VE BEEN MONOPOLIZED THE QUESTION THROUGHOUT THE ANYONE ELSE HAD A QUESTION? YEAH, I THINK MR. SLATE WAS GETTING AT THIS, BUT, UM, I'M A LITTLE DUMBER I NEEDED SPELLED OUT MORE CLEARLY.
UH, HOW, HOW IS THIS NOT A SELF-CREATED HARDSHIP? WHAT WOULD BE YOUR ARGUMENT ABOUT ADDRESSING THE SELF-CREATED HARDSHIP PORTION OF THIS? YOU KNOW, THE SELF-CREATED HARDSHIP IN MY MIND IS A LITTLE SQUISHY.
IT'S NOT AS, UM, IT'S NOT AS CLEAR CUT AS SOME OF THE OTHER REQUIREMENTS.
IT, IT IN A WAY IT'S SELF CREATED BECAUSE WE DIDN'T BUILD A LARGE HOUSE TO BEGIN WITH.
WE BUILT A LARGE HOUSE TO BEGIN WITH, THEN WE JUST WOULDN'T BE AN ISSUE.
UM, BUT WE BUILT A SMALLER HOUSE.
SO SINCE WE BUILT THE HOUSE, YES, IT'S, UH, PROBABLY SELF-CREATED, BUT IT'S, IT'S, WE DIDN'T PURPOSELY GO OUT THERE AND CREATE THE PROBLEM.
WE BUILT A SMALLER HOUSE BEFORE WE REALIZED THE PROBLEM WHERE IT WOULD CAUSE THOSE PROBLEMS. ARE THERE OTHER S PLEASE EXPRESS.
WHAT DOES YOUR CLIENT CONSIDER A LARGE EVENT? LIKE HOW MANY, HOW MANY VEHICLES THAT HE WOULDN'T SIGN? UNFORTUNATELY, IT'S A LOT.
WELL, SO A THOUSAND CARS, MAYBE NOT A THOUSAND CARS, BUT I'M SURE THEY CAN.
THE, UH, MY FRIENDS BEHIND ME CAN, MY, MY CLIENT IS THE, THE CHAIRMAN OF UNITED AIRLINES AND HE DOES BIG EVENTS, UH, TWO OR THREE TIMES A YEAR.
I SAID A THOUSAND IS JUST, YOU KNOW, IT'S GONE SOMETHING OUT THERE.
UH, I THINK IT'S HUNDREDS, UH, VEHICLES.
THERE MIGHT BE, UM, THERE MIGHT BE A THOUSAND PARTICIPANTS.
AGAIN, I'VE NEVER BEEN INVITED OR SEEN ONE OF THOSE, BUT I UNDERSTAND IT'S BIG.
ANY OTHER QUESTIONS FOR MR. BALDWIN? OF COURSE, YOU'LL HAVE THE OPPORTUNITY TO RESPOND AFTER, BUT ANY LAST POINTS YOU'D LIKE TO MAKE BEFORE WE LET OTHER SPEAKERS? NO, THE, I JUST WANNA REITERATE, THIS IS A, YOU KNOW, I'VE BEEN DOING THIS A LONG TIME.
THIS IS THE FIRST TIME I'VE EVER HAD A CLIENT PENALIZE BUILDING TOO SMALL OF A HOUSE.
UM, IT'S USUALLY THE OTHER WAY AROUND.
AND I ALSO WANNA REITERATE WHAT A PLEASURE IT HAS BEEN WORKING WITH OUR NEIGHBORS.
THEY'VE BEEN, AGAIN, GRACIOUS, KIND AND PATIENT.
AND, UH, I DO APPRECIATE THAT.
AND SO I'M, I'LL BE READY TO ANSWER ANY OTHER QUESTIONS.
MS. BALDMAN, I ASSUME YOU'RE THE ONLY SPEAKER IN SUPPORT? YES, SIR.
THEN WE'LL TURN IT TO THE OPPOSITION AND BRIEF REMINDER, UM, YOUR NAME, BILL NUNLEY'S ADDRESS, AND THEN THIS.
I ACTUALLY DON'T WORK FOR BELL NUNLEY.
THE, THE LETTER WAS SUBMITTED.
NO, NO, THAT'S UNDERSTANDABLE.
UH, BRADLEY HART, UH, ADDRESS IS 68 17 TOPSFIELD DRIVE, DALLAS, TEXAS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
WELL, FIRST I WANNA START, UM, I THINK IN THE PRESENTATION THIS MORNING, UH, THEY REFERENCED THREE LETTERS OF OPPOSITION.
THERE WERE ORIGINALLY, UH, THREE LETTERS SUBMITTED BACK BEFORE THE FIRST HEARING
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IN DECEMBER.UM, BUT THEN THERE WERE THREE ADDITIONAL LETTERS, UH, SUBMITTED THIS LAST WEEK.
UM, SO THERE'S NOW SIX, SIX LETTERS OF OPPOSITION NEIGHBORS.
UH, JUST WANTED TO MAKE SURE Y'ALL HAVE ALL THE MATERIALS.
BUT, UH, BEFORE WE STARTED, BUT YEAH, UH, BRIEF PAUSE, JUST TO CLARIFY, WE, UH, JUST FOR PASSING ALONG THE T OF ADDITIONAL LETTERS, AND I'M PASSING DOWN THE
THANK YOU FOR CONFIRMING THAT.
AND YEAH, JUST WANNA THANK THE BOARD FOR, FOR Y'ALL'S TIME AND CONSIDERATION ON THIS MATTER.
UM, I THINK ROB LAID OUT THAT MR. BALDWIN LAID OUT THE KIND OF NEGOTIATION OVER THE LAST FEW MONTHS, UM, PRETTY WELL.
AND I JUST WANNA ALSO SAY HAD A PLEASURE WORKING WITH, WITH MR. BALDWIN, AND HE'S BEEN VERY REASONABLE.
AND, UH, WE'VE BEEN MAKING WHAT WHAT WE THOUGHT WAS PROGRESS TOWARD A GOOD NEIGHBOR'S AGREEMENT.
UH, AND THEY DID ADDRESS IN THE REVISED SITE PLANS, UH, A LOT OF OUR CONCERN, MOST OF OUR CONCERNS.
BUT IN THE END, UM, JUST DIDN'T FULLY ADDRESS ALL THE NEIGHBOR'S CONCERNS.
AND SO THAT'S WHY ALL, ALL SIX NEIGHBORS REMAIN OPPOSED TO THE VARIANCE REQUESTED.
UM, SO I WANTED TO NOTE THIS FIRST SLIDE, UM, HERE, WELL, IT MIGHT BE HARD TO SEE IDENTIFIES THE SUBJECT PROPERTY AND THEN THE NAMES OF EACH OF THE NEIGHBORS THAT SUBMIT SUBMITTED A OPPOSITION LETTER.
SO YOU'VE GOT THE FOUR ANNS TINKERERS AND MS. COTTON WHO ARE ALL, UH, JUST SOUTH OF THE PROPERTY, UM, ON NORTH GLENHURST.
UM, AND, AND BACK UP TO THE PROPERTY.
AND THEN MR. CORNET, WHO'S ACROSS THE STREET ON DOOR SET ON THE VERY TOP EDGE OF THE, THE, UM, PHOTO THERE, ALSO SUBMITTED A LETTER OF OPPOSITION ALONG WITH THE CROWS WHO WERE JUST ACROSS THE STREET, UM, HURST FROM THE TINKERS, AND THEN THE IRWINS WHO ARE IN THE SOUTH, UH, EAST CORNER.
UM, THEY'RE AT THE CORNER OF STRAIGHT LANE AND NORTH LIN LYNDHURST.
UM, AND SO I THINK THE, THE PRIMARY CONCERN OF ALL THE NEIGHBORS, UM, AT THIS POINT IS THE TWO CONCERNS IS TRAFFIC, UM, PRIMARILY FOR THE ONE PERSON NEIGHBORS.
UM, AND THEN ALSO JUST THE, THE SIZE OF THE STRUCTURE.
I THINK WHAT WE WERE AIMING TOWARD WITH THE GOOD NEIGHBORS AGREEMENT WAS, UM, TO UNDERSTAND HOW AND, AND UNDERSTAND HOW THE, UH, PROPERTY OWNERS WERE GONNA USE THE GARAGE.
AND I THINK THAT'S WHAT A LOT WAS, UH, IS JUST OUTSTANDING.
UM, FROM ALL THE ADDITIONS THAT MR. BALDWIN MADE TO THE SITE DIAGRAM PLAN, WE JUST NEVER GOT TO A, A FINAL PLACE OF HOW THEY INTENDED TO USE IT TO UNDERSTAND, UM, THE TRAFFIC.
AND SO I THINK THE SIZE OF THE STRUCTURES IS THE PRIMARY CONCERN AND, AND HOW IT'S TO BE USED AND THE TRAFFIC THAT THAT WILL CAUSE.
UM, AND JUST TO, IF YOU WANT TO, WOULDN'T MIND GOING THE SECOND SLIDE.
UH, SO THE, THE PURPOSE OF THIS IS, YOU CAN SEE THE LOT IS WITH THE, HAS THE SOCCER FIELD AND THE, I IT WAS PICKLEBALL COURT OR BASKETBALL COURT ON IT.
UH, AND SO THE, THE CASITA THAT THEY REFERENCED IS NOW BEING CONSTRUCTED WHERE THE PATCH OF TREES IS.
BUT UM, AND I KNOW THAT, YOU KNOW, TECHNICALLY WE'RE LOOKING AT IT ON A A LOT BASIS.
UM, BUT I WANTED TO SHOW THE BOARD THAT THE HOUSE THERE IN THE SOUTHEAST CORNER IS THE, UH, HOMEOWNER'S RESIDENT.
AND SO THIS WHOLE LOT IS JUST BEING USED AS THE BACKYARD.
NOW, JUST TO ILLUSTRATE HOW EXCESSIVE THE VARIANCE REQUESTED IS, EVEN IF YOU TOOK THE SQUARE FOOTAGE OF THEIR MAIN RESIDENCE, UH, WHICH IS OVER 10,500 SQUARE FEET, UM, THIS STRUCTURE WOULD STILL VIOLATE THE CITY CODE.
IF YOU TAKE AGGREGATE SQUARE FOOTAGE OF THE PITA BEING 4,000, OVER 4,000 SQUARE FEET.
AND THEN THIS GARAGE PROPOSED IT OVER 2000 SQUARE FEET EXCEEDS THE DALLAS CITY CODE THAT SAYS THAT THE ACCESSORY STRUCTURES TO THE MAIN RESIDENCE, UM, CAN'T EXCEED 50% SQUARE FOOTAGE.
UM, SO NOT ONLY DOES IT MORE THAN DOUBLE THE, THE CITY CODE AS TO THIS PARTICULAR LOT, BUT I THINK, YOU KNOW, MR. BALDWIN'S POINT ABOUT THEM BUILD, BUILDING A SMALL HOUSE, UM, A SMALL CASITA THERE, NO ONE LIVES THERE.
THEIR MAIN HOUSE IS THE, THE HOUSE NEXT DOOR.
AND, UM, THESE TWO ACCESSORY STRUCTURES TO THE, AS THEY USE THE PROPERTY AS ONE, ONE PROPERTY, UM, WOULD STILL EXCEED THE CITY CODE IF IT WERE TREATED AS ONE ONE PROPERTY.
SO JUST ILLUSTRATIVE OF HOW LARGE THE, UH, THE VARIANCE REQUESTED HERE IS.
UM, AND THEN YOU WANT TO, WOULDN'T MIND GOING TO THE NEXT SLIDE.
THE NEXT THREE SLIDES ARE JUST, THEY'VE GOT DAILY TRAFFIC HERE, CONSTRUCTION TRAFFIC AT THE END OF LENNOX ROAD.
UM, WHILE WE ACKNOWLEDGE IT'S A PUBLIC ROAD, IT'S, UM, EVERY SINGLE DAY IS LARGE CONSTRUCTION TRUCKS, UM, YOU KNOW, THE BEFORE ENDS AND THE OTHER NEIGHBORS ON LENDER SPHERE THAT EVEN AFTER CONSTRUCTION, THIS IS GONNA CONTINUE, UM, WITH JUST MAINTENANCE VEHICLES, YOU KNOW, TO MANAGE THE
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PROPERTY.UM, AND ALL OF THAT IS BEING REROUTED FROM DORSETT DOWN LIN PERSON, LENNOX LANE.
UM, AND I THINK JUST TO CLOSE, CLOSE OUT THE, REGARDLESS OF KIND OF THE NEIGHBOR'S, UH, POSITION, UM, AND I THINK Y'ALL HIT ON IT IN ONE OF THE QUESTIONS, MR. VOLVO, AND THIS IS A SELF-CREATED PERSONAL HARDSHIP.
AND SO, UM, YOU KNOW, OUR POSITION IS THAT THIS DOESN'T MERIT MERIT A VARIANCE BEING GRANTED AT THIS.
UM, I SAID I WOULD HOPE EVERYBODY IN, IN I, SO ALL THINGS RELATED TO ACCESS ON LENNOX OR OTHERWISE, THAT'S NOT BEFORE US, RIGHT? CORRECT.
SO IT'S ONLY ABOUT THE SQUARE FOOTAGE OF THE STORAGE SPACE THAT MR. BALDWIN SUGGESTED IF IT GETS POTENTIALLY RECALIBRATED AS A GARAGE MIGHT STILL BE PERMITTED.
WE'RE JUST FRUSTRATED WITH HOW IT MIGHT BE USED AND I THINK THE SIZE OF IT, UH, THAT COULD LEND ITSELF TO HOW IT'S GONNA BE USED IN THE TRAFFIC.
BUT I JUST WANNA MAKE SURE THAT THE, UM, OPPOSITION APPRECIATES THAT WHAT WE DECIDE WHETHER WE GO IN FAVOR OF YOUR SIDE OR THE APPLICANT'S SIDE, WILL HAVE NO IMPACT ON HOWEVER IT GETS USED OR WHATEVER THE ACCESS POINT IS.
THAT'S DEFINITELY NOT THE FLOOR US.
AND, UM, BESIDES THE SQUARE FOOTAGE, MY UNDERSTANDING, AND I I BELIEVE YOU AGREED WITH THIS LAST TIME, CORRECT ME IF I'M WRONG, IF THAT THE BUILDING OTHERWISE COMPLIES WITH EXPECTED SETBACKS, TIGHT CONSIDERATIONS, ET CETERA, AS PROPOSED, CORRECT.
OTHER THAN THE, THE SCRIPTLET YEAH.
I'M NOT AWARE OF ANY OTHER DIAL THAT, OKAY.
UM, AGAIN, I STARTED BY MONOPOLIZING THE OPPORTUNITY TO ADD, BUT I HAVE ANY QUESTIONS FOR THIS SPEAKER.
AND THEN I'D ALSO SAY THAT THE FOUR ENDS MADE THE TRIP DOWN HERE AND, UM, HE MIGHT ALSO BE VERY HAPPY TO ANSWER ANY QUESTIONS AS WELL AS A PROPERTY HONOR, OF COURSE, MR. FOR WOULD YOU LIKE THE OPPORTUNITY TO SPEAK? 'CAUSE I, I APPRECIATED YOUR PATIENCE, UH, WHEN YOU SPOKE TO US LAST TIME AND, UH, INDULGED OUR WILLINGNESS TO HOLD OVER THE CASE.
SO PLEASE, THANK YOU VERY MUCH AND THANK YOU ALL FOR YOUR SERVICE.
I KNOW YOU'RE NOT TITLE LAW FOR THIS, BUT MAIN SOMETHING ALL AND FOR CLARITY, NOT A LOT IS IMPACT ZERO
JUST, JUST MAKING SURE WE'RE ON THE SAME PAGE.
CAN YOU EXCUSE ME, SIR, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? YES.
AND I'M GOING TO SWEAR YOU IN.
I'M, I'M JOE FORAN, 48 35 NORTH GLENHURST.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
UH, ONE THING I DO, I DO WANNA SAY, UH, JUST LIKE ROB, WE HAD, I THOUGHT EVERYTHING MOVING IN THE RIGHT DIRECTION.
HE SUGGESTED THIS GOOD NEIGHBORS AGREEMENT.
UH, WE BREACH AGREEMENT ON THAT, UH, QUICKLY, EXCEPT THE CLIENT, HIS CLIENT JUST REFUSED TO SIGN, SAID THEY WERE IN, UH, AGREEMENT WITH THE GENERAL PRINCIPALS, BUT JUST WASN'T GONNA SIGN OR, OR WORKED A COME ALL TOGETHER FOR AN AGREEMENT.
SO DISAPPOINTED THERE, BUT, UH, HAVE APPRECIATED HIS INTEGRITY OF NEGOTIATING WITH US.
AND Y'ALL FOR HEARING THIS OUT.
UH, ONE THING I WANNA SAY IS THAT WHILE THE TRAFFIC IS NOT WITH YOU, IT INFLUENCED ALL OF US TO LIVE ON NORTH LYNDHURST.
THE SECOND THING IS THE WAY THE HOUSES AND LYNDHURST DEAD ENDS IN THERE, IT MEANS A LOT TO, UH, UH, KATRINA ON ONE SIDE AND THE TINKERS ON THE OTHER, THAT YOU HAVE A LOT OF THIS TRAFFIC.
AND IN THE, UH, PICTURES THAT, UH, MS. BRYANT SHOWED YOU SAW BACK THERE SOME BIG TRUCKS THAT WERE PARKED IN THERE.
THEY COME THERE EVERY MORNING ABOUT 7, 7 30.
AND UH, UH, SO THAT FACTORS IN TO THE OPPOSITION BECAUSE WE ALSO AGREED TWO OR THREE PARTIES, AND THESE ARE BIG PARTIES THAT ON THOSE TIMES WE ASKED FOR A LITTLE NOTICE SO WE COULD GET OUT OF TOWN AND GET AWAY FROM ALL THAT.
BUT THEY DIDN'T WANNA DO THAT.
UH, HE DOES HAVE A POSITION WITH UNITED THAT ROB REFERRED TO, UH, BUT HE'S ALSO BEEN IN THE PAPERS FOR FLYING FIRST CLASS IN AMERICAN, EVEN THOUGH HE WAS THE CEO OF UNITED.
SO, YOU KNOW, IT'S A KINDA WIG AND A WAG IF YOU, IF YOU WOULD.
UH, THE NEXT THING I'D LIKE TO SAY IS THAT ON THE STAFF, WHEN
[00:30:01]
WE FIRST CAME HERE, WE'VE BEEN HERE THREE TIMES NOW, MY WIFE AND, AND ME, UH, SPENDING ALL DAY, TAKING A DAY OFF FROM WORK TO COME HERE.HE HADN'T BEEN HERE ONCE, UH, YOU KNOW, TO TALK AND, UH, TO DO ANYTHING.
WE'VE BEEN HERE, UH, THREE TIMES.
THE STAFF AT THAT TIME, THE SHEET THAT WE HAVE SUMMARIZED IN THE CASES RECOMMENDED DENIAL, AND WE STILL THINK IT SHOULD BE DENIED.
AND DURING THE, AS I UNDERSTAND THE TWO YEAR PERIOD, UH, MAYBE WE CAN REACH AN AGREEMENT.
UH, WE'VE LIVED HERE IN DALLAS, NANCY'S, UH, SHE WAS BORN HERE.
I'VE BEEN HERE 55 YEARS AND, UM, WE'RE CLOSE TO 55.
AND, YOU KNOW, WE LOVE THE CITY.
WE WANNA BE GOOD NEIGHBORS, WE'VE GOT LOTS OF FRIENDS AND, UH, SO WE WANNA BE REASONABLE ALL THAT.
WE JUST THINK THEY GO TOO FAR IN, UH, NOT MAKING IT CLEAR THAT THE, THEY'RE GONNA START ENTERING MORE FROM DORSETT RATHER THAN BACKING THROUGH THE BACK ALL OF OUR HOMES AND TRAFFIC, UH, INTO THEIR PROPERTY IN THE BACK.
SO IT'S A, WHERE THEY'RE GONNA FORCE THEIR MAINTENANCE VEHICLES AND CONSTRUCTION VEHICLES, EVERYBODY ELSE, UH, FAMILIES, THEY'RE OVER THERE TO SEE THEIR KIDS PLAY SOCCER, YOU KNOW, THEY PARK ALONG THE STREET.
THAT'S BEEN, UH, BEEN DIFFICULT.
SO ANYTHING WE CAN DO TO SHIFT THAT, THE DOOR SET WHERE THEY OUGHT TO COME, UH, RATHER THAN COMING THROUGH NORTH LYNHURT WOULD BE APPRECIATED.
UM, THE, UH, UH, UH, COUPLE OTHER, UH, NOTES IS THAT, UH, THERE ARE SIX PEOPLE.
SO THERE WAS, I HEARD THAT THERE WAS 11 PEOPLE NOTIFIED, WELL, YOU GOT SIX.
SO A MAJORITY OF THE NEIGHBORS ARE SAYING WE'D PREFER NOT TO, AND THEY HAVE, FROM THAT SIDE PLAN, YOU CAN SEE THEY COULD REDIRECT EASILY.
THEY'VE GOT TWO ENTRANCES REALLY ON DOOR SET, UH, THAT COULD COME.
AND THE SIZE OF THIS IN THE, IN THE HOUSE, THEY'RE SAYING NO RESIDENCE, BUT THERE'S A BATHROOM, THERE'S A WATER CONNECTION.
IT WOULDN'T BE REAL HARD TO EXPAND THAT, UH, OR, UH, RESIDENTS OR, UH, STAFF FOR THEIR STAFF OR THE LIKE, SO WE'RE CONCERNED ABOUT THAT.
WE'VE NEVER OBJECTED TO ALL THE NOISE THAT HAS COME THERE FROM SOME OF THEIR BIG EVENTS THAT GO ON TILL, YOU KNOW, ONE OR TWO O'CLOCK.
UH, YOU KNOW, IT, WE, AS I SAID, I GREW UP IN AMARILLO, TEXAS AND YOU TRIED TO BE A GOOD NEIGHBOR AND IF THERE WAS SOMEONE WAS HAVING A FUNCTION OR SOMETHING, YOU DIDN'T, YOU JUST, UH, YOU WENT BACK, BACK AND FORTH AND WE'RE GOOD NEIGHBOR.
THEY WERE GOOD NEIGHBORS TO US.
AND THAT'S WHERE WE'D LIKE TO SEE THIS COME OUT.
AND I THINK IF YOU DENY SUPPORT, THE RECOMMENDATION TO DENY, THEY'LL GIVE US SOME TIME TO WORK SOMETHING OUT.
BUT I THINK THEY WANNA KNOW WHEN THEY SAY THEY HAVE, THEY ON GENERAL PRINCIPLES AGREE WITH THAT.
WHAT WE ASK, UH, YOU KNOW, WE OUGHT TO BE ABLE TO WORK IT OUT WITH ANY REASON ON THEIR PART TO UNDERSTAND HOW SIX OF THE NEIGHBORS, MAJORITY OF THE NEIGHBORS AROUND THERE FEEL THIS WAY.
SO, UH, I'M, UH, I'LL SIT DOWN.
NANCY, I DON'T KNOW IF YOU WANNA SAY SOMETHING, YOU THINK EVERYTHING BEEN SAID.
I WILL SAY ROB SMITH AND GENTLEMAN, AND WE, FIRST TIME HE BROUGHT UP THE SUBJECT OF A GOOD NEIGHBOR.
WE GUYS, WE EACH AGREED THAT THAT DAY GONNA BE RECOMMENDED TO THIS CLIENT.
SO I THINK WE'RE CLOSE, UH, WOULD LIKE TO SEE THE DENIAL.
UH, I THINK THEY'VE GONE TOO FAR.
THEY'RE NOT PAYING ATTENTION, UM, YOU KNOW, TO THE HARDSHIP THEY MAY BE PUTTING ON THEIR NEIGHBORS, UH, WITH THIS OR THE DANGER THAT OTHERS WOULD WANT, UH, TO DO THE SAME.
UH, VERY MUCH APPRECIATE YOUR QUESTIONS.
IT'S CLEAR, Y'ALL KNOW THE ISSUES AND WHAT I, WHAT LIGHT I CAN SHINE UPON.
ARE THERE ANY QUESTIONS? FUL? VERY WELL.
THANK YOU SO MUCH FOR TAKING THE TIME AND COMING BACK AGAIN TO SPEAK TO US ON WELL,
[00:35:01]
QUESTIONS, BUT THANK YOU.ACTUALLY, BEFORE I DO THAT, ARE THERE ANY OTHER SPEAKERS AND OPPOSITIONS? NO, THE SPEAKERS REGISTER, SIR.
SO, UM, THIS IS LIKE I SAY, AN INTERESTING ONE FOR ME.
UM, THIS IS STILL A CONSTRUCTION SITE, SO THERE STILL IS CONSTRUCTION TRAFFIC GOING THROUGH THERE.
UM, THE PROJECT MANAGER IS WELL AWARE OF THE CONCERNS AND DO THE, THE BEST TO KEEP TRAFFIC OFF OF LENNOX, EVEN THOUGH LENNOX, THE PURPOSE OF LENNOX IS A PUBLIC STREET IS TO GIVE ACCESS AND, AND IT PROBABLY DOES HAVE ACCESS TO IT.
UM, THIS, AND THIS IS A WEIRD ONE IN THAT SINCE WE TURNED MOST OF THE, UH, GOOD NEIGHBOR AGREEMENT INTO THE PLANS, IT MIGHT, THE NEIGHBORS MAY BE MORE PROTECTED BY APPROVING THIS THAN DENYING IT.
UM, YEAH, I'VE NEVER SAID THAT BEFORE IN MY CAREER AND I'VE BEEN DOING THIS A LONG TIME.
UM, THAT BEING SAID, I HOPE YOU CAN SUPPORT IT.
UH, IF YOU CAN, I WOULD ASK THAT IT BE A DENIAL WITHOUT PREJUDICE.
SO THAT WOULD GIVE US IMPETUS TO, TO CONTINUE WORKING WITH OUR, UH, OUR NEIGHBORS IS IF IT'S A STRAIGHT DENIAL, WE CAN'T COME BACK FOR TWO YEARS AND THAT WOULD JUST, UH, I THINK THAT THAT MAY PROMPT MY CLIENT TO REDESIGN THE PROJECT SO YOU DON'T HAVE TO COME DOWN.
SO I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
I DO THINK FOR YOUR TIME AND, UH, I HOPE YOU CAN SUPPORT THOSE REQUEST.
ARE THERE ANY QUESTIONS FOR THE APPLICANT, MR. SINGTON, PLEASE? YES.
UM, THANKS TO, UM, UH, MR. FORUM, UM, FOR, UM, HIS, UH, TESTIMONY THERE.
UH, MR. BALDMAN, I, YOU, YOU, YOU FLOAT THE IDEA THAT, THAT IF WE POSSIBLY DID NOT, UM, WITHOUT PREJUDICE, UM, THAT WOULD ALLOW TIMES TO, UM, MAYBE HAVE HASH OUT SOME ADDITIONAL DIFFERENCES.
COULD YOU SPEAK A LITTLE BIT, UM, TO MAYBE SOME OF THE, THE LARGER ITEMS THAT YOU THINK COULD BE, UM, YEAH, COULD BE, UH, BRIDGED? YEAH, SO I THINK THAT THE, THE AREAS THAT ARE OUTSTANDING NOW IS NOTICE TO OUR NEIGHBORS BEFORE ANY LARGE PARTY KEEPING THE, THE USES, SORRY, MR. BALDWIN? YES, SIR.
I'M SORRY, I DON'T MEAN TO INTERRUPT.
SO, UM, WOULD YOU FIND THAT, THAT, UM, PROVIDE NOTICE TO NEIGHBORS PRIOR TO, UM, HAVING AN EVENT AT YOUR HOME? IS THAT, UH, IS THAT SOMETHING THAT YOU, YOU FIND THAT'S TYPICAL OR IS THAT, UM, IS THAT JUST, UM, A CONCESSION THAT THE OWNER'S WILLING TO MAKE? WELL, I THINK IT'S SOMETHING THAT THEY'RE FINE DOING, JUST NOT, UH, INTERESTED IN OR AT THIS POINT WILLING TO PUT IT INTO A, A WRITTEN AGREEMENT.
UH, LIKE I SAID, IPROPERTY MANAGER, I GUESS I STRUGGLE BECAUSE THAT, THAT, I MEAN THAT, THAT NUANCE RIGHT THERE SEEMS TO BE, I, I GUESS YOU'RE, WHAT WHAT YOU'RE SAYING IS THAT YOU COULD HASH OUT, WELL, THEY COULD HASH OUT BETWEEN THEM, BETWEEN THEMSELVES.
UM, WHAT, WHAT LIKE LARGE EVENT OR, UH, WHAT THE PARAMETERS OF AN AGREEMENT LIKE THAT WOULD LOOK LIKE BECAUSE, UM, I I WOULD FIND IT A LITTLE ODD THAT A NEIGHBOR WOULD HAVE TO, UM, YOU KNOW, REQUEST CONSENT TO HAVE A PARTY AT THEIR HOME, UM, UH, FROM THEIR, FROM THEIR, UM, THEIR SURROUNDING NEIGHBORS.
BUT ANYWAY, THAT, THAT'S AGAIN, OKAY.
WHAT, WHAT ELSE WAS THERE, MR. BALLROOM? WELL, WHEN, WHEN WE WERE BROUGHT TO OUR ATTENTION THAT THAT WAS A CONCERN, THAT THAT WAS SOMETHING THAT IS NOT UNCOMMON, UH, NOTICE PROVISION WOULD BE PUT INTO A GOOD NEIGHBOR AGREEMENT.
NOW, KEEP IN MIND, GOOD NEIGHBOR AGREEMENTS AREN'T, UH, ENFORCEABLE BY THE CITY OF DALLAS.
UM, THEY'RE JUST BASICALLY SAYING, WE'RE NEIGHBORS AND WE AGREE TO DO THIS THOUGH, UM, WHEREAS THE APPROVED PLANS WOULD BE ED BY THE CITY OF DALLAS.
BUT BESIDES THE, BESIDES THE NOTICE, WE'VE TAKEN CARE OF THE HEIGHT, WE'RE TAKING CARE OF THE ISSUE OF PEOPLE LOOKING DOWN INTO THE OTHER PEOPLE'S PROPERTY.
WE'VE TAKEN CARE OF, UH, LIVING ANYBODY LIVING THERE BECAUSE AS JOE SAID, YEAH, SOMEONE COULD PUT A, A BEDROOM IN OR A BATHROOM AND A KITCHEN OR A KITCHEN IN THERE AND MAKE IT A DWELLING UNIT, BUT THAT WOULD BE ILLEGAL AND, UH, SHOULD THEY BE CAUGHT DOING THAT? THERE IS A A FINE AND UH, ALTHOUGH I, YOU DON'T HEAR PEOPLE GETTING FINED VERY MUCH, BUT IT IS UP TO $2,000 A DAY AND EACH DAY IS A DIFFERENT, UH, PENALTY.
UM, THE, THE, WE HAVE AGREED TO FURNISH THE CONSTRUCTION OF A DRIVEWAY FROM DORSETT
[00:40:01]
INTO THIS PROPERTY TO TAKE THE LOAD OFF OF, UH, LENNOX DRIVE.UH, WE'VE AGREED TO PICK UP PAPER AND TRASH AND CONSTRUCTION DEBRIS.
WE'VE INSTALLED LIGHTS ON A TREE TO ILLUMINATE THE END OF, UH, LENNOX.
UM, WE HAVE NOT AGREED TO LIMIT JUST THE THREE DAYS A YEAR ACCESS TO LENNOX THAT WE DID ON THE PLAN SHOWED AS THE MINOR DRIVEWAY SUBSERVIENT TO THE MAJOR DRIVEWAY OUT OF DOOR SET.
I'M SORRY, MR. I'M SORRY, MR. BALDWIN.
UM, GOING BACK TO THAT, UM, THAT THE LAST POINT ABOUT RELIEVING, UM, UH, UM, FLOW ON LINUX, UM, HOW, COULD YOU, COULD YOU JUST RESTATE THAT AGAIN? I'M SORRY.
HELP ME UNDERSTAND WHAT WE'RE TRYING TO ACCOMPLISH THERE ABOUT KEEPING THE TRAFFIC OFF OF LENNOX LANE.
YEAH, SO LENNOX LENNOX LANE DEAD ENDS INTO THIS PROPERTY.
THE PUBLIC'S SWEEP BEEN DEAD END INTO THE PROPERTY AND IT HAS HISTORICALLY BEEN USED AS, UH, THE ENTRANCE USED FOR CONSTRUCTION EQUIPMENT AND OR WHEN THEY HAVE PARTIES AND THEY BRING THE, THE CATERING TRUCKS AND THE, UM, THE OTHER VEHICLES ASSOCIATED WITH SETTING UP FOR THE THE EVENT.
UM, AND THE OPPOSITION IS ASKING THAT YOU LIMITED THAT TO THREE DAYS? YES, SIR.
THAT THAT'S WHAT THEY'VE BEEN ASKING FOR.
AND, UM, WE DID PUT A BARRIER, UH, SO WE PUT SOME POSTS AND SOME CHAINS TO KEEP PEOPLE FROM PARKING AT THE END OF LENNOX LANE.
UM, TECHNICALLY WE MIGHT NOT HAVE BEEN ALLOWED TO BECAUSE IT COULD BE RIGHT ON THE EDGE OF THE PUBLIC RIGHT OF WAY, BUT, BUT KIDS AND OTHER PEOPLE WERE PARKING BACK THERE, UH, IN THE DARK AND WE, WE SOLVED THAT PROBLEM.
SO WE'VE AGREED TO DO A LOT OF IT.
WE'RE NOT A HUNDRED PERCENT THERE YET.
UH, I WENT INTO THIS THINKING THAT WE WERE GONNA GET THERE AND I THINK CHARLIE DID AS WELL, BUT WE'RE, WE'RE NOT THERE.
UH, SO THERE, THERE ARE REALLY PRIMARILY TWO, TWO MAJOR, MAJOR, MAJOR CHALLENGES OR OBSTACLES TO OVERCOME, PRIMARILY IF WE WERE TO DENY, UH, WITHOUT PREJUDICE.
I THINK IF YOU DENY WITHOUT PREJUDICE WE HAVE THAT ABILITY TO COME BACK BEFORE YOU GUYS, UH, GOING THAT WE HEARD YOU, THAT IT, IT'S WORTHWHILE CONTINUING TO DISCUSS AND ADD WITH THE PRESSURE THAT, UM, WE CAN'T DO WHAT WE WANNA DO RIGHT NOW.
I THINK IT WOULD LEAD, UH, MY CLIENT TO MAYBE RECONSIDER AIRING TO A GOOD NEIGHBORHOOD.
I DON'T KNOW THAT FOR SURE, BUT RIGHT.
UM, I THINK IF YOU'VE NODDED WITH PREJUDICE OR WE CAN'T COME BACK FOR TWO YEARS, UH, CONSTRUCTION WILL CONTINUE TO KEEP GOING BECAUSE IT IS AN ACT CONSTRUCTION SITE AND UH, THE PLANS MAY, MAY MORE YOU MR. BALL.
AND IN TERMS OF MORPHING, THAT COULD POTENTIALLY INCLUDE, UH, DECIDING NO LONGER TO CREATE THE ACCESS POINT OFF OF DOOR SET INSTEAD RELY ON LENNOX.
OR POSSIBLY SEEKING A PERMIT FOR AN ADDITION TO THE, I HATE USING THE TERM, BUT ANYWAY, CITA THAT WOULD BRING IT TO A SIZE THAT WOULD PERMIT THE AS DESIRED ACCESSORY STRUCTURE WITHOUT NEEDING RIBBON.
AND THAT COULD BE AS SIMPLE AS, UH, CREATING A LARGE COVERED PATIO BECAUSE IF IT'S COVERED AND YOUR DRY WHEN YOU'RE UNDER THERE, THAT'S CONSIDERED FLOOR AREA SO SUBMITTED.
UM, ANY OTHER QUESTIONS, MR. BALDWIN BEFORE WE SEE IF WE HAVE HEARING NONE? THANK YOU.
UH, I DO WOULD JUST WANNA SAY TO, TO EVERYONE WHO'S SPOKEN SO FAR, I APPRECIATE THE OPPORTUNITY TO ALLOW YOU ALL TO HOLD OVER TO TRY TO ENGAGE.
UM, I KNOW THAT WAS, UH, ENDURING FOR BOTH SIDES AND I APPRECIATE EVERYONE FOR THIS, FOR ALL THAT.
IS IT ON NOW? UH, YEAH, JUST TO CLARIFY, THE SPECIAL EVENTS, UM, I ALSO HAVEN'T BEEN INVITED OR, BUT UH, BY WORD OF MOUTH UNDERSTAND IT'S MORE THAN 2000 PEOPLE ARE AT, AT THE PROPERTY AT A TIME.
AND SO OBVIOUSLY THE TRAFFIC, YEAH, WE WANT THOSE EVENTS LIMITED TO ONLY A FEW TIMES PER YEAR.
UM, AND THEN, YEAH, JUST THE OTHER NOTE IS THE POINT YOU MADE EARLIER IS WHILE ROB HAS PUT, UH, MR. BALDWIN HAS
[00:45:01]
REVISED THE SITE PLAN AND A LOT OF OUR ISSUES WERE ADDRESSED THERE, UM, YOU KNOW, ADDING THE DRIVEWAY AND THE NOTE ABOUT NOT PARKING ON LENNOX LANE, TO WHAT EXTENT IS, YOU KNOW, TRAFFIC, UH, REALLY AN ISSUE HERE.SO THAT'S WHY WE WANT BE THE WRITTEN CONFIRMATION TO GET NEIGHBOR'S AGREEMENT.
I DON'T KNOW THAT THE COMMENT MADE EARLIER WAS MAYBE THAT, UM, MY CLIENT, THE BO WOULD BE IN A BETTER POSITION IF THIS WAS APPROVED.
I, I DON'T THINK THAT'S THE CASE.
UM, SO I JUST WANNA MAKE THAT POINT, AND I DO BELIEVE MR. VOL WENT ON THAT WAS JUST THAT THERE HAVE BEEN ARGUABLY CONCESSIONS MADE THAT MAYBE THE APPLICANT WOULD NOT FEEL OBLIGED TO CONTINUE GOING FORWARD IF THEY HAD TO ARRANGE THINGS.
AND I THINK THAT WAS THE ONLY POINT HE WAS ENDEAVORING TO MAKE ON THAT, NOT OVERALL ANYTHING.
LET ANYONE LIKE TO MAKE A QUESTION, MR. HONOR, IF YOU'D LIKE TO.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA DASH TWO FIVE DASH 0 0 0 8 1 ON APPLICATION OF ROBERT BALLARD, DENY THE VARIANCE TO THE FLOOR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE, WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DEV DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN A, A NECESSARY HARDSHIP TO THIS APPLICANT.
I'LL GO AHEAD AND SECOND THAT SLATE.
YES, UM, I DO THINK THAT THIS IS SELF-CREATED AND, UM, WHICH IS WHY I MADE THE MOTION TO DENY WITHOUT PREJUDICE.
UM, I APPRECIATED THE CREATIVITY IN THE POSITION ABOUT HOW THIS PARTICULAR SITE LOOKS COMPARED TO OTHERS IN THE NEIGHBORHOOD, BUT SINCE IT DOESN'T HAVE A RESTRICTIVE SHAPE, SLOPE OR SIZE, AND BECAUSE IT SEEMS TO BE A BIT OF A, UM, SELF-CREATED HARDSHIP GIVEN THE RATIO OF THE FLOOR AREA, THE ONE THING THAT GIVES ME PAUSE IS JUST THE KNOWLEDGE THAT THE APPLICANT COULD ELIMINATE THE NEED FOR GETTING ANY SORT OF FLOOR AREA RATIO, UM, EXCEPTION BY REVISING WHAT THEY'RE DOING OR POTENTIALLY RECALIBRATING THAT, UH, EXCEPT FOR GETTING INTO THE GARAGE AND SORTING THINGS IN A GARAGE AS OPPOSED TO A SEPARATE STORAGE AREA.
UM, AND THAT, THAT WOULDN'T NECESSARILY RESOLVE THE CURRENT PENDING ISSUES BECAUSE WHAT I'M HEARING MOST OF FROM THE OPPOSITION OF THE WRITINGS IS THE ACCESS THROUGH THAT LEFT SPOT.
UM, AND OF COURSE THAT IS NOW WHAT IS THE FOURTH PANEL HERE TODAY.
IT'S CLEARLY WHETHER THE FLOOR AREA RATIO SHOULD BE, UH, A SPECIAL EXCEPTION PERMITTED OR NOT.
DID ANYONE ELSE LIKE SPEAK? MS. PEREZ? UH, I WANNA THANK, UH, BOTH SIDES FOR COMING AND SPEAKING.
UH, IT IS AN IMPORTANT PART OF THE PROCESS TO HAVE YOUR VOICE HEARD, SO THANK YOU BOTH VERY MUCH.
UH, IT'S INCUMBENT UPON THE CITY TO LISTEN TO ITS RESIDENCE WHEN THE MAJORITY HAVE SAID, UH, NO.
SO, UH, MS. BALDWIN, I'D PLEASE ENCOURAGE YOUR CLIENT, UH, TO REACH OUT TO NEIGHBORS.
THEY SEEM LIKE VERY REASONABLE PEOPLE, UH, ENCOURAGE HIM TO BE A GOOD NEIGHBOR TO THEM AS THEY ARE TRYING TO BE WITH HIM SO THAT HOPEFULLY A AN AGREEMENT WOULDN'T BE NEEDED TO BE A GOOD NEIGHBOR.
BUT I HOPE, YOU KNOW, I HOPE FOR THE BEST I FOR EVERYBODY INVOLVED, BUT I WILL BE VOTING O ON THIS AS WELL, MR. FUNEN.
YEAH, I, UH, I I REALLY APPRECIATE THE AMOUNT OF EFFORT THAT'S BEEN PUT IN ON BOTH SIDES AND THE TONE THAT EVERYONE HAS KEPT.
IT'S, UH, IT'S WONDERFUL TO SEE YOU GUYS WORKING TOGETHER AND I HOPE THAT CONTINUES.
UM, BUT YEAH, I, I, I FEEL THE, YOU KNOW, THE FIRST CONDITION OF WHETHER OR NOT THIS WOULD AFFECT NEIGHBORING PROPERTIES, IT'S HARD FOR ME TO FEEL LIKE IT WOULDN'T AFFECT THEM WHENEVER THERE'S SO MANY NEIGHBORS SAYING THAT IT WOULD.
UH, BUT I WOULD SAY I'M A BIT UNDECIDED ON THAT ONE, BUT IT, IT'S, YOU KNOW, AT THE POINT THAT YOU'RE SAYING THAT, UH, COVERED PATIO WOULD RELIEVE THE HARDSHIP, LIKE THEN IT'S, IT'S, IT'S DEFINITELY SELF CREATIVE.
[00:50:01]
YOU KNOW, I I I DON'T FEEL THAT I CAN, UM, YOU KNOW, DEFY CITY CODE TO SUCH A DEGREE TO VOTE YES ON SOMETHING THAT, SO OBVIOUSLY DOESN'T, UH, MEET ONE OF THE STIPULATIONS.SO I'LL BE VOTING ON THANK YOU.
I'LL BE VOTING IN FAVOR OF THE MOTION TO DENY.
YEAH, THAT'S WHAT I WAS JUST, THE ONLY COMMENT I WAS GOING TO UH, MAKE WAS JUST TO RESTATE THE, UM, THE QUESTION THAT'S ON THE TAB TABLE.
UM, UH, I THINK MS. PEREZ SAID THAT SHE WAS GONNA BE VOTING NO, BUT, BUT JUST, JUST CAN JUST RESTATE THE QUESTION.
THE MOTION IS TO DENY THE APPLICANT'S REQUESTS FOR AN EXCEPTION TO THE FLOOR AREA RATIO WITHOUT PREJUDICE.
YEAH, I'LL BE SUPPORTING THE MOTION.
MAY I, MAY I ADD SOMETHING? PLEASE, MR. I DO WANNA GENUINELY THANK EVERYONE WHO HAS BEEN PART OF THIS ISSUE, MR. BALDWIN AND, UH, UM, IN THE PUBLIC WHO HAVE ENGAGED.
IT'S, IT'S, THIS IS A VERY DIFFICULT PROCESS AND THANK YOU ALL FOR STAYING ENGAGED AND, UM, TRYING TO DO THE RIGHT THING.
BUT, YOU KNOW, THIS HAS BEEN A LITTLE BIT OF A COMPLICATED CASE, UM, IN THAT THE MAIN STRUCTURE IS ON AN ADJACENT LOT.
AND IF WE SCALE THIS DOWN TO A REGULAR NEIGHBORHOOD WITH THE STANDARD, UH, SMALLER LOTS, THIS FEELS LIKE THE FRONT DOOR IS CHANGING TO A DIFFERENT, UM, TO BEHIND THE HOUSE.
UM, AND THE LOT DOESN'T FEEL LIKE IT'S GONNA BE A SINGLE FAMILY HOME.
IT DOES FEEL, UM, LIKE IT, IT'S JUST GOING TO CHANGE THE, UH, THE APPROACH FOR THOSE ON THE STREET THAT STARTS WITH THE L
BUT, UM, I, I, IT IS A COMPLICATED CASE AND, UM, I DO APPRECIATE EVERYBODY, UH, BEING HERE AND ENGAGING.
THANK YOU, MS. WILLIAMS. WOULD YOU PLEASE CALL THE VOTE ON THE MOTION TO DENY THE APPLICATION FOR THE VARIANCE, THE FOUR AREA RATIO WITHOUT PREFERENCE.
MOTION TO DENY PASSES? FIVE TO ZERO.
UM, THAT BRINGS US TO OUR NEXT CASE IN THE ORDER WE SAID WE WOULD CALL THEM, WHICH IS BOA 2 6 0 0 0 0 1 9 AT 1 2 4 5 0 HIGH MEADOW DRIVE.
UM, WOULD YOU PLEASE STATE YOUR NAME AND OFFER AND ADDRESS FOR MS. WILLIAMS TO THEN, UH, SWEAR YOU IN? MY NAME IS
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY, PLEASE PROCEED.
DO YOU HAVE A POWERPOINT THAT YOU'D LIKE US TO PUT UP? I DO, BUT I DIDN'T.
MY PAGE WAS REPRESENTED BY THE
I DID, UH, SEND IN A PRESENTATION, BUT IT PUT IT ALL IS THAT THE ONE, DID YOU HAPPEN TO SEE IF IT WAS PART OF WHAT THE PUBLIC DOCKET MATERIALS WERE? YES.
IS THAT SOMETHING THAT WE WHAT WAS YOUR NAME SIR? THAT YOU SENT IT TO ME? YES, PLEASE.
WHAT'S YOUR NAME AGAIN?
AND I JUST WANNA DOUBLE CHECK YOUR MIC IS ON, RIGHT? THERE'S SOME RED LIGHT.
GIVE US JUST ONE MOMENT WHILE WE SEE IF WE CAN, IF WE CAN'T PULL UP THE POWERPOINT ITSELF, I THINK WE CAN PROBABLY PULL UP.
THANK YOU DR. HALL, IF YOU, YOU COULD, IF YOU COULD SPEAK INTO THE MICROPHONE A LITTLE BIT MORE, I WOULD APPRECIATE IT.
IS THIS THE CORRECT ONE? YEAH.
SO, UH, THANK YOU, UH, RESPECTED BOARD FOR GIVING ME THE OPPORTUNITY TO COME HERE TODAY.
THE PREVIOUS CASE WAS SUPER COMPLEX.
THIS IS VERY SIMPLER THAN THAT I HOPE.
I THINK, UH, THIS, THE ADDRESS HERE, 1, 2, 4, UH, FIVE ZERO HIGH MEADOW DRIVE.
WE'VE BASICALLY CONNECTED AN EXISTING DETACHED GARAGE TO THE HOUSE, BUILDING A BEDROOM IN BETWEEN.
WE HAD, UH, UH, THE ZONING IS
YOU GUYS KNOW THIS WAY BETTER THAN ME.
[00:55:01]
IS A VARIANCE ON THE SIDE SET BACK.UH, BASICALLY THE WHOLE STRUCTURE IS ALREADY BUILT OUT.
UH, WE, THE, THE PERMITS WERE FINALIZED OR THE NEXT SLIDE MA'AM? UH, EVEN INITIALLY, THIS IS THE, IF YOU GO TO THE NEXT SLIDE BECAUSE I WANT TO RESPECT MY FIVE MINUTES.
WE HAD, UH, OUR PERMITS WERE, UH, RULED BY THE CITY.
THE SITE PLAN WAS APPROVED AND BASED ON THAT WE STARTED OUR CONSTRUCTION AND WE WORKED ON EXACTLY THE SITE PLANS THAT WE HAD.
THERE WAS NO ILL BILL, I'M NOT SAYING THAT WE ARE NOT, UM, UH, WE, WE DO HAVE A TECHNICAL ERROR IN TERMS OF THE VARIANCE THAT, UH, WE SHOULD HAVE ADHERED TO.
WE, WE, WE HAVEN'T BEEN ABLE TO DO SO, BUT THE SITE PLAN WAS ACCRUED AND WE LITERALLY FOLLOWED THE SITE PLAN TO THE TEAM.
AND IN DOING SO, WHEN WE WERE FOR THE FINAL INSPECTION, WE ARE ASKED TO GET A SURVEY.
WE GOT A SURVEY TOGETHER AND THE SURVEY SHOWED THAT WE WERE ACTUALLY VIOLATING THE SITE SETBACK BY FOUR FEET.
AND THAT'S WHAT WE ARE ASKING TO GRANT THEM TO GO TO THE NEXT SLIDE.
NOW THIS IS THE APPROVED SITE PLAN THAT WAS ALREADY THERE AND I THINK THAT WAS SAID IN THE MORNING.
I MEAN, ONE OF, ONE OF THE THINGS I'M OBSERVING IS LITERALLY I THINK, UH, THE PROCESS SHOULD HAVE BEEN SLIGHTLY DIFFERENT.
THE PROCESS SHOULD HAVE BEEN, OKAY, YOU HAVE A SITE PLAN, ALSO SUBMIT A SURVEY OR FOR THE CITY TO LOOK AT THE PLAN AND IF WE ARE REALLY DOING IT THE RIGHT WAY, AND, UH, SO SOMETHING FROM A PROCESS STANDPOINT, I WOULD, UH, REQUEST, UH, THE CITY TO PERHAPS GO DOWN THE ROAD.
AND, UH, IF YOU GO TO THE NEXT SLIDE, UH, AND AFTER THAT FOR THIS EXISTING HOUSE, WE WENT OUT OF OUR WAY TO DO, TO RE DIG EVERYTHING, TO GET ALL THE PERMITS TOGETHER.
IF WE GO TO GET ALL THE INSPECTIONS GOING, GET A
THE HOUSE I'VE BEEN SITTING, IT'S A BEAUTIFUL HOUSE.
I'M REALLY PROUD OF THE WORK WE DID.
WE LEFT THE NEIGHBORHOOD IN A MUCH BETTER STATE THAN WE FOUND IT INITIALLY, EXCEPT FOR THE VARIANCE THING THAT WE HAD WITH, I HAVE, UH, UH, MS. PARIS ROBINSON HERE, WHO IS THE NEXT DOOR NEIGHBOR WHO IS IMPACTED ACTUALLY BY THE SETBACK VIOLATION CAN ALSO BE, UH, THE TESTAMENT.
THE FACT THAT WE LEFT THE NEIGHBORHOOD IN A MUCH BETTER STATE THAN WE FOUND IT INITIALLY TO GO TO THE NEXT, UH, SLIDE.
IF WE REDO THIS, IT'S NOT $140,000.
WE HAVE TO CREATE A DETACHED, UH, STRUCTURE.
WE HAVE TO COMPLETE THE DEMO, THE 650 SPARE FEET OF A BEAUTIFUL BEDROOM.
I HAVE SOME PICTURE THERE IN BATHROOM.
WE HAVE TO REHIRE AN ARCHITECT, WE HAVE TO RECREATE AN ALLEYWAY FROM THE HOUSE TO THE BEDROOM AND REDOING IT.
IT WOULD LITERALLY COST MORE THAN $200,000, WHICH BASICALLY WOULD A, WE WOULDN'T BE ABLE TO GET AHEAD.
B WOULD LITERALLY LEAVE THE STRUCTURE PROBABLY UNINHABITED FOR A LONG TIME.
WE, OUR HUMBLE REQUEST TO THE BOARD IS TO GRANT US THIS VARIANCE.
IT'S NOT SOMETHING WE DID OUT OF
IT WAS BASICALLY A COMBINATORIAL IMPACT OF AN APPROVED SITE PLAN AND AN OVERSIGHT.
AND IT'S A MINOR, MINOR TECHNICAL VARIATION POTENTIALLY.
IF YOU LOOK AT THE IMPACT ON THE NEIGHBORHOOD, UH, FROM MY PERSPECTIVE, AND I'M PREJUDICED, IT'S NOT WHEN YOU, DO YOU HAVE A SENSE FOR HOW MUCH THE HOME CURRENTLY WOULD BE WORTH? THE STRUCTURE THE CITY SAYS THE STRUCTURE IS CLOSE 200.
AND YOUR TESTIMONY IS THAT IT WOULD COST OVER $140,000 TO EVEN MORE THAN THAT.
ARE THERE OTHER QUESTIONS FOR THIS? UM, BECAUSE YOUR NEIGHBOR WAS KIND ENOUGH TO COME AND VISIT, I ASSUME THAT SHE WOULD LIKE TO, TO BRIEFLY AGAIN NAME AND ADDRESS AND MS. WILLIAMS WILL SWEAR YOU IN.
AND THEN MARY SORENSON, 1, 2, 4, 4, 6 HIGH MEADOW DRIVE, DALLAS, TEXAS.
DO YOU MIND, UM, REACHING OUT THERE? YEAH.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH TO IN YOUR TESTIMONY
[01:00:01]
TO THE COURT OF ADJUSTMENT? YES MA'AM, I DO.UH, THANK YOU FOR YOUR TIME TODAY.
UM, THE REQUEST, IT'S RELATED TO THE MINOR FOREFOOT SIDE SETBACK VARIANCE THAT'S ACTUALLY ON MY PROPERTY.
UM, AND DUE TO THE EXISTING PLACEMENT OF THE STRUCTURE ON THE LOT, DENYING THE VARIANCE WOULD REQUIRE SIGNIFICANT DEMOLITION AND CONSTRUCTION, UM, CREATING UNNECESSARY CONSTRUCTION IMPACT AND DISRUPTION THAT WE TRULY ARE HOPING TO AVOID.
ULTIMATELY, WE FEEL THIS IMPACT WOULD, YOU KNOW, REALLY AFFECT MY PROPERTY THE MOST AND OBVIOUSLY 1, 2, 5, 4, 5 OH PROPERTY TO BE JUST SITTING THERE.
UM,
UM, THE VARIANCE REMAINS CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD.
IT DOES NOT CREATE ADVERSE IMPACT TO THE NEIGHBORING PROPERTIES.
UM, AND WE DO HAVE VERY SUPPORTIVE NEIGHBORS ALL ALONG THE STREET WHO ARE IN FAVOR OF, YOU KNOW, KEEPING THINGS AS THEY ARE.
UM, WE RESPECTFULLY ASK FOR YOUR APPROVAL SO THAT THE PROPERTY CAN MOVE FORWARD IN A RESPONSIBLE
ONE, ONE SECOND BEFORE WE COME BACK TO YOU.
I WANNA AT LEAST, UH, SEE A BIT WHEN HAS ANY QUESTIONS.
WOULD YOU MIND TERRIBLY COMING UP TO THE MIC SO THAT WE CAN CAPTURE? YEAH.
I'VE TAKEN THIS ISSUE TO HEART.
I HAVE BUILT AN AI BASED SITE AND I'LL SHOW YOU GUYS THE DEMO WHERE YOU CAN PUT A DALLAS ADDRESS AND IT'LL TELL YOU ALL ABOUT THE SETBACKS AND PLAN A STRUCTURE THERE AS WELL AS REST OF THE EXCEPTIONS, HOPEFULLY AS A TOOL FOR OUR CITY IN FUTURE.
SO THAT, UH, PEOPLE, I MEAN, THIS IS NOT SOMETHING I WANTED TO DO, UH, LIKE TO VIOLATE THE SETBACK.
THERE WAS ENOUGH PLAN THERE NOT TO DO IT SO THAT PEOPLE DON'T SORT OF MISS THIS.
AND I'LL, I'LL BE HAPPY TO PASS MY PHONE AROUND FOR A DEMO TO THIS.
I'LL GO AHEAD AND MAKE A MOTION.
UH, I'M MOVED TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA 2 6 0 0 0 0 1 9 ON APPLICATION
'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THE PHYSICAL CHARACTER OF THE PROPERTY SUCH THAT THE LITERAL OF THE ENFORCEMENT OF THE PROVISIONS OF DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT AND FURTHER REMOVE THE FOLLOWING CONDITION, BE OPPOSED FURTHER THE PURPOSE AND INTENT OF DOUBT, DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS OR APPLIED SECOND.
UM, MY MOTION, I GET TO SPEAK FIRST.
UH, THIS ONE IS A LITTLE BIT HARDER FOR ME THAN, UH, I I WOULD PRESUME I'M VERY SYMPATHETIC, OF COURSE, TO THE APPLICANT.
UM, AND AGREE IT'S NOT CONTRARY TO PUBLIC INTEREST THANKS TO THE NEIGHBOR, UH, SAYING, SO OBVIOUSLY THE IMPACT HERE ISN'T ABOUT THE RESTRICTIVE AREA SHAPE OR SLOPE, EVEN THOUGH THE, THE PROPERTY IS NOT QUITE A, A RECTANGLE GIVEN ITS SHAPE.
THAT DOESN'T SEEM TO BE THE, IT SOUNDS LIKE THERE WAS SOME SURVEY THAT, THAT, UH, REVEALED THINGS THAT WEREN'T THERE TO BEGIN WITH.
UM, I GET THERE BECAUSE OF THE PROVISION THAT ALLOWS US TO THINK ABOUT WHAT THE COST OF THE CLIENT WOULD.
UH, AND HERE WE HAVE TESTIMONY THAT THE, UM, PROPERTY ITSELF, UH, IS APPRAISED BY THE CITY OF $200,000 AND THAT THE COST OF COMPLIANCE WOULD BE GREATER THAN 50% OF THAT OVER $40,000.
SO THAT'S HOW I PUT MYSELF THERE.
AND OTHER COMMON
BUT THEN ALSO, UH, THE FACT THAT THE THREE REMODEL THAT WAS DONE, WE KEEPING CHARACTER WITH THE NEIGHBORHOOD, THE AESTHETIC AND THE FACT THAT THE NEIGHBOR DIRECTLY IMPACTED BY THIS, UH, SUPPORTS THE, UH, YOU KNOW, THE APPROVAL.
I, THAT'S WHAT GOT ME TO, WOULD ANYONE ELSE LIKE TO SPEAK ON THIS ONE.
WHY MS. WILLIAMS? WOULD YOU KINDLY CALL THE VOTE ON THE MOTION TO GRANT THE REQUESTED VARIANCE? MS. PEREZ? AYE.
MOTION TO GRANT PASSES FIVE TO.
[01:05:07]
OKAY.UM, WE WILL MOVE ON TO OUR NEXT CASE, WHICH IS BOA 2 6 0 0 0 0 9, WHICH IS 5,003 WORTH STREET.
UM, WOULD YOU PLEASE, AS YOU'VE NOW OBSERVED MANY, MANY TIMES, SAY YOUR NAME AND ADDRESS AND THEN MS.
GOOD AFTERNOON IS MICROPHONE ON? GREAT.
MY NAME IS TRAVIS RIPLEY AND MY COMPANY IS RIPLEY RENOVATIONS.
OUR ADDRESS IS 800 SOUTH PACO DALLAS, TEXAS 7 5 2 2.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
I THINK EVERY APPLICANT TENDS TO SAY THEIR CASES SIMPLER THAN THE ONE BEFORE.
I HOPE THIS IS THE TRUTH AS WELL.
UM, AND I WANNA START BY SAYING THANK YOU FOR YOUR TIME AND FOR HEARING US ON THIS.
UH, MY FIRM IS ACTUALLY ALMOST ALWAYS STRONGLY IN SUPPORT OF THE VISIBILITY, VISIBILITY TRIANGLE.
IT'S VERY IMPORTANT WE'RE SEEING OUR HISTORIC DISTRICT WHERE WE WORK CARVED UP BY DISPENSERS APPROACHING ALL THE WAY TO THE CORNER.
SO NORMALLY WHEN CLIENTS APPROACH US, WE SAY WE WON'T TAKE THIS ON.
UH, THIS ONE'S A LITTLE BIT DIFFERENT THOUGH.
UM, IF YOU DON'T MIND, ARE YOU ABLE TO SHOW THE SURVEY OR THE SITE PLAN OR THE PACKAGE? UH, THE HOMEOWNERS ARE IN A BIT OF A PICKLE ON THIS ONE.
WHEN THEY PURCHASED THIS PROPERTY, IT'S IN THE NUMBER PLACES HISTORIC DISTRICT AND PRIOR TO 1989 WHEN THE ORDINANCE WAS THERE, PEOPLE BUILT PRETTY MUCH WHATEVER THEY WANTED TO ON THESE PROPERTIES.
SO THE EXISTING GARAGE WAS THERE PRIOR TO 1989 AND IT IS RIGHT ON THE ALLEY, UH, THAT COULDN'T BE BUILT TODAY.
THERE'S SETBACKS BOTH IN THE CITY OF DALLAS AND THE BUMPER PLACE ORDINANCE THAT INCLUDE THAT HAPPENING.
BUT IN THIS CASE, THE GARAGE IS RIGHT THERE.
SO THE CHALLENGE FOR THEM IS THE, THE WHOLE INTERIOR PORTION OF THEIR PROPERTY HAS BEEN BUILT OUT BY PRIOR OWNERS AND BUILDERS.
SO TO BE ABLE TO ACCESS THEIR GARAGE, WE NEED TO HAVE THE GARAGE, THE DRIVEWAY APPROACH BE REALLY CLOSE TO THAT ALLEY SET BACK TO BE ABLE TO SAFELY NAVIGATE COMING IN AND OUT OF THAT SPACE.
SO I THINK THERE WAS ONE LETTER IN OPPOSITION OF THIS CASE.
UH, NORMALLY WE WOULD AGREE WITH THIS INTENT AS WELL.
UH, THIS HOMEOWNER ACTUALLY LIVES A BLOCK OVER AND THE ALLEY SHE'S REFERENCING IS APPROVED.
THERE'S GARAGES THAT OPEN OUT ONTO THAT ALLEY AND THERE ARE MULTIPLE, UH, PROPERTIES.
I THINK ALL OF 'EM, ACTUALLY ALL FOUR DO HAVE THE FENCE LINE RIGHT ON THE CORNER AND IT'S VERY DIFFICULT TO SEE.
UH, THIS ONE'S DIFFERENT THOUGH.
SO HER ALLEY COMPLETELY CONCRETE.
AND AFTER I WAS IN THE BRIEFING THIS FLOATING, UH, I ACTUALLY DROVE IT IN MY TRUCK AND I'M IN A VERY TYPICAL CONTRACTOR TRUCK.
UM, AND TRYING TO GO THROUGH, THEY WERE VERY COMPLICATED.
UH, THERE WERE ALL THE BRANCHES AND LEAVES WERE SCRAPING DOWN THE TRUCK.
NO THAT, UM, NO WAY I WOULD'VE GONE IN IN THE RAIN AS WELL.
THE, THE TIRE MARKS I THINK ARE PROBABLY FROM LIKE ENCORE TRUCKS COMING THROUGH AND AND TRIMMING THE TREES EVERY NOW AND THEN.
AND I MADE SURE TO MARK EVERY SINGLE RESIDENCE TO SEE IF THERE'S ANY SORT OF ACCESS FOR GARAGES OR EVEN JUST PARKING SPACES.
THERE ARE ALSO SOME MULTI-FAMILIES THERE AND THE ONLY GATES WHICH HAVE NOW BEEN OVERGROWN BY BRUSH ARE JUST HUMAN PASSAGE GATES.
SO, UM, SO IT'S REALLY NOT IN USE AND MY UNDERSTANDING OF ALL, WE CAN'T PREDICT THE FUTURE.
THE CITY IS MOVING AWAY FROM ANY SORT OF ALLEY ACCESS, CERTAINLY IN THIS AREA FOR ANY UTILITIES OR LIKE BEING UH, UH, DISPOSABLE, THAT SORT OF THING.
SO I DON'T SEE IT CHANGING IN THE FUTURE.
BUT, SO THREE, THREE MAIN REASONS WHY WE REQUEST, UH, THIS VARIANCE.
ONE IS THERE'S ALREADY A FENCE IN POSITION, SO IT'S RIGHT ON THAT CORNER WITH THE TWO FOOT SETBACK REQUIRED BY THE ORDINANCE.
SO WE'RE TRYING TO REPLACE WHAT'S ALREADY THERE.
UM, THE SECOND ONE IS THE ALLEY IS NOT IN USE, SO WE DON'T SEE IT ACTUALLY BEING A PROBLEM FOR SAFETY.
THERE IS NOT PARTICULAR TRAFFIC THERE.
UM, AND THEN THE THIRD ONE IS BASED ON, I KNOW THERE CAN AND SHOULDN'T BE A PRECEDENT SET BY EITHER THIS APPEAL OR RUNS THE TASK, BUT ALL UP AND DOWN THE STREET, THE NEIGHBORHOOD, EVERYONE DOES HAVE THEIR FENCE LINE BY THE, THE CORNER.
SO WE BELIEVE IT'D BE A REAL HARDSHIP FOR THESE OWNERS TO BE ABLE TO USE THE PROPERTY, NOT EVEN DO THE MAXIMUM CAPABILITY, BUT JUST THE MINIMUM THAT THEY WOULD BE ABLE TO ACCESS THE GARAGE OR REALLY HAVE MUCH SPACE FOR THEIR DOG.
SO THAT'S WHY WE'RE APPLYING TO THIS VARIANT.
ANY QUESTIONS FOR THE A HEARING? NONE.
THANK YOU FOR THAT ADDITIONAL INFORMATION ABOUT THE SORT ACCESS AND CLARITY.
UM, I WILL NOTE THAT WE HAVE TECHNICALLY TWO REQUESTS ON THIS ONE BECAUSE IT'S THE VISIBILITY TRIANGLE ON THE ALLY SIDE, NOT OUTSIDE.
SO I'LL GO AHEAD AND MAKE A MOTION.
I MOVE BOARD OF ADJUSTMENT APPEAL NUMBER BDA BO A 2 6 0 0 0 0 0 9
[01:10:02]
ON APPLICATION TRAVIS RIPLEY.GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE DRIVE APPROACH ALONG NORTH CALL IT AVENUE AS A SPECIAL ACCEPT IN VISUAL OBSTRUCTION REGULATION CONTAINED IN DALLAS DEVELOPMENT CODE IS AMENDED 'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD AND FURTHER THE MOVE THE FOLLOWING CONDITION BE IMPOSED FURTHER.
THE PURPOSE AND INTENT OF DEVELOPMENT CODE IS AMENDED ONCE THE MOST RECENT VERSION OF ALL PLANS IN REGARDS TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE.
OUR REQUIRED SECOND MS. CORRECT.
UM, I APPRECIATED THE APPLICANT'S UH, THOROUGHNESS IN THE PRESENTATION AND NOTE OF COURSE OF THE CITY OF DALLAS TO UH, ENGINEERING DEPARTMENT DID NOT OBJECT.
UNDERSTAND THAT, UH, MAY DID ANYONE, UM, THANK YOU MR. CHAIRMAN.
UM, I DON'T THINK I CAN SUPPORT THIS MOTION, UH, BECAUSE OF THE VISIBILITY TRIANGLE, BECAUSE OF IT'S A BOARD ON BOARD FENCE, UM, AND WE DON'T KNOW WHAT THE FUTURE OF THAT ALLEYWAY WILL BECOME.
UM, SO YES, IT'S DIFFICULT TO NAVIGATE EVEN IN A TRUCK.
UM, BUT WE DON'T KNOW WHAT THE FUTURE HOLDS FOR A PUBLIC RIGHT OF WAY.
SO, UM, I THINK PEDESTRIAN SAFETY IS PARTICULARLY IN THIS AREA, IT SHOULD BE PRIORITIZED.
UM, BUT I DO APPRECIATE YOU, UM, GIVING A GREAT CONCISE PRESENTATION.
UM, AND YOU UNDERSTAND MY, MY VIEW ON THAT.
AND I WILL JUST VERIFY THAT THIS PARTICULAR MOTION WAS NOT THE ONE ON THE HOWIE SIDE OF OTHER ONE, BUT ANY OTHER COMMENT, HEARING NONE, PLEASE CALL THE VOTE.
MR. HAS AYE MR. CHAIRMAN, AYE, MOTION TO GRAB PASSES FOUR TO ONE.
I'LL GO AHEAD AND MAKE THE SECOND MOTION JUST BECAUSE I LIKE TALK HIM.
BOARD OF ADJUSTMENT AND FIELD NUMBER BO A 2 6 0 0 0 0 9 ON APPLICATION OF TRAVIS RIPLEY GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT INTERSECTION, NO COLETTE AVENUE AND AN ALLEY AS A SPECIAL EXCEPTION TO VISUAL OBSTRUCTION REGULATION CONTAINED IN DALLAS.
SO THE CODE AS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE TRAFFIC HAZARD.
AND FURTHER MAY THE FOLLOWING CONDITION BE IMPOSED FURTHER THE PURPOSE INTENDED TO DIAL DEVELOPMENT FOR THOSE AMENDED COMPLIANCE WITH MOST RECENT VIRGIN LAW PLANS IN REGARDS TO THE PORTION OF VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE.
ARE WE REQUIRED? IS THERE MS? CORRECT.
UH, SECOND, UM, SPEAKING PRIVILEGES SAME AS LAST TIME.
I JUST WANNA REITERATE THAT I'LL BE VOTING AGAINST THE, UH, THIS MOTION, UM, FOR MY SAME REASON AS THE PRIOR.
SEEING NO OTHER COMMENTS MS. WILLIAMS, PLEASE CALL MS. PEREZ.
MR. S AYE MR. CHAIRMAN MOTION TO GRANT PASSES.
UM, THAT BRINGS US TO OUR FINAL CASE TO HEAR TODAY.
THAT IS BO A 2 6 0 0 0 0 2 1 7 2 0 2 DUFFIELD DRIVE.
THE APPLICANT WOULDN'T MIND COMING ON UP AS YOU HAVE WITNESSED.
NAME, ADDRESS FOR ME PLEASE? SURE.
MY NAME'S ADAM PANTER AND MY ADDRESS IS 2 4 2 1 GRANDVIEW DRIVE, P TEXAS 7 5 0 7 5.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE COURT OF TESTIMONY? I DO.
THANK Y'ALL FOR YOUR TIME TODAY.
UM, THIS AGAIN IS A FENCE PERMIT.
UM, THE OWNER, I'M ACTUALLY THE REPRESENTATIVE OF THE OWNER.
UM, I AM THE LICENSED ARCHITECT WHO HAS DESIGNED THE PROJECT AND I'M ALSO THE DESIGN BUILD CONTRACTOR FOR THE PROJECT.
SO WE HAVE FOR THE LAST SEVERAL, GEE WHIS, I THINK WE'RE COMING UP ON A YEAR, WORKING ON THEIR HOUSE.
THEY'VE MADE A SIGNIFICANT IMPROVEMENT.
WE GUTTED THEIR HOME, THEY'VE MADE A GREAT INVESTMENT IN THE NEIGHBORHOOD AND WANTED, WANTS TO CONTINUE TO BE A GREAT PARTNER, UM, WITH OTHER HOMEOWNERS IN THE NEIGHBORHOOD.
UM, WE ACTUALLY SET OUT, I DO A LOT OF PROJECTS WHERE WE MOVE FENCES AND DO DIFFERENT THINGS LIKE THAT AND WE SET OUT TO GET A FENCE AND DRIVEWAY PERMIT AND WE WERE NOTIFIED AND TOLD THAT THIS IS NOT A SIDE YARD.
IT IS BECAUSE IT'S A CORNER LOT, IT'S A TWO FRONTED LOT.
[01:15:01]
ARE NOTED.AND SO AS WE BEGIN TO PROCEED INTO TRYING TO EXTEND THE FENCE, WHICH KEEP IN MIND IT'S A LITTLE HARD TO SEE ON THE ACTUAL UH, DIAGRAM, BUT IF WE WANTED TO PULL THAT UP, WE ARE NOT ACTUALLY SEEKING TO PUT THE FENCE COMPLETELY ON THE PROPERTY LINE, WHICH WOULD MAYBE NORMALLY BE ACCEPTED IN A SIDE YARD.
UM, CIRCUMSTANCE WE ARE TRYING TO KEEP THE FENCE BACK A LITTLE BIT, BUT WHILE ALLOWING THE BACKYARD OF THE PROPERTY TO BE MORE UTILIZED.
AND SO THOSE TREES THAT YOU WERE LOOKING AT EARLIER, ONE OF THEM IS ACTUALLY GONNA FALL WITHIN THE FENCE.
THE OTHER ONE DUE TO THE ANGLE ON THE FRONT SIDE OR THE FRONT FACING, UH, PORTION OF THE NEW FENCE WILL NOT ENCAPSULATE, UM, ONE OF THE TREES THAT IS, THAT IS THERE.
THEY DID ADD A POOL TO THEIR BACKYARD AND SO NOW THAT PORTIONS OF THEIR YARD HAVE BEEN TAKEN UP BY A POOL, UM, THE DESIRES TO HAVE THIS PORTION OF THEIR FENCE, UH, EXTENDED OUT.
I CAN'T REMEMBER EXACTLY WHAT THE DIMENSION IS, BUT ENOUGH PORTION WHERE THEY CAN RECLAIM SOME OF THEIR FENCE.
IT'S NOT GONNA COMPLETELY RECLAIM THE, THE PART OF THE YARD THAT WAS TAKEN OVER BY THE POOL.
UM, THE OTHER THING TO KEEP IN MIND, THIS SIDE YARD IS ALSO WHERE THE MASTER BEDROOM, UH, PATIO I GUESS IS FACING.
AND SO ONE OF THE GOALS OF THIS IS TO ACTUALLY CREATE A SIDE YARD THAT IS ACCESSIBLE BY THE MASTER, UM, BEDROOM THAT FOR ANY OTHER LOT IN THE NEIGHBORHOOD, THIS WOULD ACTUALLY NOT BE TOO MUCH OF AN ISSUE JUST BECAUSE THEY DON'T HAVE TWO FRONT YARDS
SO WE ARE SEEKING TO EXTEND THE FENCE FOR MANY REASONS.
UM, BUT ONE THING THAT'S INTERESTING AS WE WERE LOOKING AROUND AND AGAIN MAYBE WHY WE WERE ALSO SURPRISED IS ACROSS THE STREET, I GUESS IT'S TO THE EAST OF THE PROPERTY, THE ACTUAL HOMEOWNER OF THAT PROPERTY WHO DIDN'T, UH, POSE OR OBJECT TO THIS EFFORT ACTUALLY HAS THE FENCE SIMILARLY COMPLETED THE WAY WE WOULD LIKE TO DO IT.
AND IT'S BRAND NEW, IT LOOKS REALLY WONDERFUL, IT'S NICELY STAYING, UM, BUT IT DOES TAKE UP THE WHOLE SIDE YARD, UM, ALMOST TO THE PROPERTY LINE IS WHAT WE BEEN HERE TO DO.
AND THEN WE ACTUALLY, I SUBMITTED TO DIANA, I BELIEVE, UM, ANOTHER ONE THAT I DIDN'T SEE IN THE DOCKET.
UM, BUT WE, I ACTUALLY DROVE AROUND THE NEIGHBORHOOD AND LOOKED AT OTHER LIKE PROPERTIES AND SAW THAT ALMOST EVERY PROPERTY THAT HAS THIS SIDE YARD CONDITION HAS THEIR FENCE ALL LINKED TO THE PROPERTY LINE.
SO IT IS, THERE IS A PRECEDENCE IN THE NEIGHBORHOOD AND I, AGAIN, I DON'T KNOW IF IT WAS A SITE PLAN THAT HAD YELLOW AND RED, UH, SQUARES ON IT, BUT UM, IT, IT SHOWED IN.
JUST FOR CLARITY, THIS WHAT NUMBER IN THE DOCK? I BELIEVE IT LOADS.
SO PAGE 100 SHOULD SHOW YOU I BELIEVE THE RED IS THE SUBJECT PROPERTY, THE 7 2 0 2 THAT BILL AND THEN THE YELLOW PROPERTIES WITH OTHER LINES ARE OTHER PROPERTIES WITH SIMILAR SORT OF CORNER CONDITIONS WHERE THEY HAVE TREATED THEIR SIDE GUARDS, UM, IN A MORE SIGNIFICANT WAY ENCAPSULATING, UM, THAN WITH FENCES.
AND SO BEYOND THAT, WE WOULD LOVE FOR Y'ALL TO APPROVE US MOVING THIS FENCE AND TAKING OVER A SMALL PORTION OF THE SIDE YARD, NOT THE COMPLETE PORTION, UM, TO GIVE THE HOMEOWNERS MORE ADDITIONAL SPACE IN THE REAR YARD, WHICH WOULD BE LIKE OTHER PROPERTIES, UH, EQUALLY HAVING LARGER BACKYARDS.
ANY QUESTIONS FOR THE APPLICANT TRUCK? NO THANK THANK YOU.
SPEAKER IN OPPOSITION? NO SPEAKERS REGISTER SIR.
UH, IN THAT CASE, I WILL NOTE THAT UM, WE HAD IN THE REASON YOU'RE ON THE, THIS WAS PULLED TO THE INDIVIDUAL CASE, THERE WERE PURE LETTERS SUBMITTED TO UM, SEEM TO, I'M CHARACTERIZING HERE, SEEMS TO NOT LIKE THE FACT THE BLOCK FRONT CONTINUITY WOULD HAVE WHAT WAS THERE FRONT YARDS THE SIDE YARD.
UM, BUT IN LIGHT OF EVERYTHING, I WILL MAKE A NOTE.
I'M IN BOARD OF ADJUSTMENT APPEAL NUMBER BOA 2 6 0 0 0 0 2 1 ON APPLICATION OF ADAM PANTER.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT IN OR MAINTAIN HIGH FENCE AND THE SPECIAL EXCEPTION TO THE HYPER REQUIREMENT FOR OUR OFFENSES CONTAINED IN THE D DEVELOP CODE AS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY OF THE TESTIMONY SHOWS THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBOR PROPERTY AND FURTHER MOVE FOLLOWING DIVISION BE
[01:20:01]
APPLICANT, UM, MET THEIR BURDEN TO ESTABLISH WHY THIS WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, BOTH SHOWING THAT WITHIN THE NEIGHBORHOOD ITSELF IT SHOWS THERE ARE A NUMBER OF OTHER SORT OF CORNER LOCKS THAT HAVE HAD TO MANEUVER THROUGH THINGS AND ALSO BELIEVE THAT.AND AS WE SAW FROM THE LAYOUT, THE WAY THAT THEY HAVE POSITIONED FENCE, UM, WAS DONE IN A SLIGHTLY ANGLED WAY TO ESSENTIALLY PRESERVE THE TREES THAT WERE THERE AND THAT, AND SO BASED ON THAT AND HOW IT, WHOOPS, I DON'T
YEAH, I'LL BE, UH, SPEAKING AGAINST THE MOTION.
I WON'T BE, I I CAN'T SUPPORT THIS.
UH, BASICALLY FOR THE OPPOSITE OF WHAT YOU JUST SAID, UH, I THINK IT'S INCUMBENT UPON THE CITY TO, UH, PROTECT THE WAY NEIGHBORHOODS LOOK.
ONE OF THE LETTERS STATED THAT THIS IS A NEIGHBORHOOD THAT HAS A LOT OF OPEN YARD AND UH, AND THERE'S ALREADY FIVE THAT HAVE, UH, PUT UP THIS TYPE OF FENCE.
AND THIS WILL MAKE NUMBER SIX.
AND WHILE WE DO NOT SET PRECEDENT, I WON'T USE THAT WORD, BUT THIS WILL BE NUMBER SIX.
AND UH, WE NEED, WE NEED TO PROTECT OUR NEIGHBORHOODS.
SO, UH, I WON'T BE SUPPORTING IT.
AND I THINK IF THIS HAD BEEN, IF THIS PROPERTY HAD ONLY HAD ONE FRONT YARD LOOKING IN, I THINK I WOULD COME DOWN BECAUSE IT HAPPENED TO HAVE THE TWO FRONT YARDS.
THAT'S HOW I'D DISTINGUISH IT.
ANYONE ELSE LIKE TO SPEAK TO MR. FLEMING, PLEASE? YEAH, I, I SHARE HER CONCERNS.
UH, YOU KNOW, THE, THE NEIGHBORS, I, I ALWAYS LIKE TO GIVE A GOOD AMOUNT OF DEFERENCE TO THEIR OPINION ON, YOU KNOW, WHAT'S GOING TO BE ADVERSELY AFFECTING THEIR PROPERTY.
UM, I ALSO LIKE THAT, YOU KNOW, UH, IF WE APPROVE THEN THE FENCE GOES UP, THE FENCE IS THERE.
IF WE DENY, IT GIVES MORE OPPORTUNITY FOR FURTHER DISCUSSION AND THE NEIGHBORS TO REACH AN AGREEMENT.
SO I, I'LL BE OPPOSING THE MOTION.
OKAY, UH, LET'S CALL THE VOTE UNLESS ANYONE ELSE HAS, I, I HAVE A QUICK QUESTION.
UNFORTUNATELY MR. PANTER, ONCE WE'VE CLOSED AND STARTED TO DISCUSS, WE CAN NO LONGER ACCEPT EVIDENCE OR OTHER ON A TESTIMONY.
UM, SO I JUST HAVE A LEGAL QUESTION.
SHOULD THIS UM, MOTION, UH, NOT PASS, THEY STILL HAVE THE OPPORTUNITY TO COME BACK WITH A DIFFERENT PLAN OR WOULD THAT BE? I BELIEVE IF IT DOESN'T PASS THEN IT, WE WOULD FEEL WHETHER SOMEONE ELSE HAS A DIFFERENT COACHING AND THAT.
PRESUMABLY THAT MAY INCLUDED WITH OR WITHOUT PREJUDICE AND BASED ON THAT, IF THAT THEN THEY WOULD DETERMINE THE, WHETHER THEY WERE ALLOWED THAT.
YEAH, I JUST MUTE THAT CLARIFICATION.
THAT IS, IF ANOTHER MOTION IS PRESENTED, IF NO MOTIONS PRESENTED, THEN IT'S STATUS QUO AND IT'S DENIED WITH PREJUDICE.
MR. FLEMING NAY MR. SESSIONS? SORRY.
MOTION TO GRAHAM FAILS GRADE TWO.
DOES ANYONE HAVE ANOTHER MOTION? UM, I HAVE A MOTION PLEASE.
UH, MOTION TO UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH TWO SIX DASH 0 0 0 0 2 1 ON APPLICATION OF ADAM PANTER DENIED THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO I'M PUTTING COURT THIS MOTION TO GIVE, UM, THE APPLICANT ANOTHER OPPORTUNITY, UM, TO, UH, BRING THIS TO THE, TO THE BOARD AGAIN, UNFORTUNATELY AGAIN, THERE ISN'T THOUGH YOU CAN ENGAGE WITH CITY STAFF ABOUT THE IMPACT OF ANYTHING AFTERWARDS.
UM, MSRE YOU ARE SECOND IN THE MOTIONS.
I DON'T WANNA JUMP INTO THE FOR YOU,
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SO IF YOU'D LIKE TO SAY ANYTHING FURTHER ON.UM, I WILL NOTE THAT OF COURSE THE, THE, THE APPLICANT IS WELL WITHIN THEIR RIGHTS TO GO FOUR FOOT HIGH FENCE EXACTLY WHERE THINGS ARE.
THIS IS ONLY ABOUT WHETHER THEY'RE ALLOWED TO GO FOUR EIGHT FEET, UM, BECAUSE APPARENTLY WE DIDN'T EVEN NEED TO WORRY ABOUT THE, UH, OPACITY FOR THIS ONE FOR
SO THE MOTION THAT'S BEFORE WHICH I WILL SUPPORT TO GIVE THE APPLICANT THE OPPORTUNITY TO DECIDE IF THEY WANT TO DO THE FORFEIT THEY CAN ON THEIR OWN OR IF THEY WANT TO ENGAGE WITH SOME OTHER ELABORATION OR OPTION THAT IS AN ENTIRE, UH, BEYOND THAT COME BACK LIST IN THE TWO YEAR PERIOD, UM, IS WHERE WE'RE AT IN FAVOR OF THIS LEADERSHIP TO DENY THE OUTLINED.
WOULD ANYONE ELSE LIKE TO SAY ANYTHING ON THE COURT ENVELOPE PLEASE? MS. PEREZ? AYE.
MOTION TO DENY WITHOUT PREJUDICE PASSES FIVE TO ZERO.
UM, MR. PANTRY, YOU'LL HAVE AN OPPORTUNITY TO ENGAGE WITH CITY STAFF OF CHAPTER, JUST A MOMENT.
UM, ASSUMING WE HAVE NO FURTHER BUSINESS BEFORE THE BOARD TODAY, WHICH I DON'T BELIEVE WE DO, YOU HONOR TO DOUBLE CHECK.
UH, I WILL CALL THIS PANEL C OF BOARD OF ADJUSTMENT TO A CLOSE AT 2 27.