* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          PREPARED SPEECHES. 
          THANK 
          [00:00:01]
YOU. 
          I APOLOGIZE. 
          [Board of Adjustments: Panel A on May 19, 2026.]
GOOD AFTERNOON, UH, AND WELCOME TO THE BOARD OF ADJUSTMENT. 
          MY NAME IS DAVID NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF TODAY'S PANEL A HEARING TODAY'S TUESDAY SEPT, UH, TUESDAY, MAY 19TH WITH A TIME OF 1:15 PM I APOLOGIZE FOR US STARTING 15 MINUTES LATE. 
          WE ENDED 15 MINUTES LATE IN OUR BRIEFING AND I HEREBY CALL THE MEETING THE BOARD OF ADJUSTMENT PANEL EIGHT TO ORDER FOR OUR PUBLIC HEARING A QUORUM, WHICH IS FOUR OR FIVE MEMBERS OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH OUR MEETING. 
          UM, FIRST ALLOW ME TO INTRODUCE THE PANEL MEMBERS AGAIN. 
          MY NAME IS DAVID NEWMAN AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT. 
          TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, CASEY ROGERS II, MICHAEL DORN AND MICHAEL OVITZ. 
          TO MY IMMEDIATE RIGHT IS OUR PROFESSIONAL STAFF, THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. 
          KAMIKA MILLER HOSKINS, WHO'S OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, AND THEN MARY WILLIAMS, THE BOARD SECRETARY AND MEETING MODERATOR. 
          BEFORE WE BEGIN, ALLOW ME TO READ A FEW THINGS INTO THE RECORD FOR EVERYONE'S BENEFIT, MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL. 
          WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR OUR TIME. 
          WE OPERATE UNDER THE CITY COUNCIL, APPROVE RULES OF PROCEDURES WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. 
          NO ACTION OR DECISION ON A CASE SETS A PRECEDENT. 
          EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES. 
          THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION OF THE BOARD. 
          WE HAVE BEEN FULLY BRIEFED BY OUR PROFESSIONAL STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS AGO PRIOR TO THIS PUBLIC HEARING. 
          ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION, UH, OF THE CASES WE HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY, UH, WHEN YOUR CASE IS CALLED, THIS EVIDENCE WILL BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE APPROVAL OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING OFFICIAL DECISION REQUIRED 75% OR FOUR VOTES. 
          SO THAT MEANS FOUR OF THE FIVE MEMBERS OVER HERE HAVE TO APPROVE, HAVE TO VOTE IN FAVOR IN ORDER TO APPROVE A VARIANCE OR A SPECIAL EXCEPTION. 
          ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE. 
          SO A APPROVAL OF REQUEST REQUIRES FOUR OF FIVE VOTES. 
          A DECISION LETTER OF THE BOARD'S ACTIONS TODAY WILL BE EMAILED TO THE APPLICANT BY OUR BOARD SECRETARY WITHIN TWO DAYS AFTER TODAY'S HEARING AND WILL BECOME PART OF THE OFFICIAL PUBLIC RECORD. 
          IN ADDITION, WE WILL UPDATE THE PUBLIC, THE BOARD OF ADJUSTMENT WEBSITE ON THE PENDING CASE LOG ON THE WEBSITE. 
          ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. 
          EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON THE AGENDA FOR A MAXIMUM THREE MINUTES. 
          UM, SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR THE PUBLIC HEARING, WHICH IS TYPICALLY FIVE MINUTES. 
          I WILL ADJUST THAT TIME FOR THE APPLICANT AND ANYONE IN FAVOR AND ANYONE IN OPPOSITION TO GIVE EVERYONE AMPLE BUT FAIR AMOUNT, AMPLE, FAIR AND EQUAL AMOUNT OF TIME TO SPEAK. 
          ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. 
          NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX. 
          ALL CONFERENCE ARE TO BE DIRECTED TO MYSELF AS THE CHAIRMAN, UM, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER. 
          OKAY, UH, AT THE CONCLUSION OF OUR BRIEFING THIS MORNING, UM, I STATED WE'RE GONNA REARRANGE THE AGENDA SLIGHTLY. 
          SO, UH, IN A MINUTE WE'RE GONNA DO PUBLIC SPEAKING, THEN REVIEW APPROVAL OF MEETING MINUTES. 
          THEN WE'RE GONNA TAKE UP KINGSFORD ROAD, A FEE WAIVER REQUEST AFTER, AFTER KINGSFORD, WE'RE GONNA TAKE STRAIGHT LANE. 
          AFTER STRAIGHT LANE. 
          WE'RE GONNA TAKE IN THE ORDER THAT THEY WERE ORIGINALLY SUBMITTED TO THE STAFF FOR APPLICATION. 
          THAT'S LAKE MERE, THEN AFTER LAKE MERE, RONALDO AFTER RONALDO, INWOOD AFTER INWOOD, MORTON STREET. 
          SO THAT'S OUR ORDER. 
          PUBLIC SPEAKING MEETING MINUTES. 
          KINGSFORD, STRAIGHT LANE, LAKE MERE RONALDO, REDONDO. 
          I APOLOGIZE. 
          REDONDO, UH, INWOOD AND THEN MORTON STREET. 
          ALRIGHT, WE WILL BEGIN. 
          UH, FIRST ITEM ON THE AGENDA BOARD MEMBERS IS REVIEW AND APPROVAL OF OUR OUR MEETING MINUTES. 
          I MENTIONED AT THE BRIEFING THIS MORNING THAT I'M REQUESTED, UH, ON PAGE 20 OF THE MEETING MINUTES, EXCUSE ME, ON PAGE 20 OF THE MEETING MINUTES, WHICH IS ALSO PAGE 31 OF THE DOCKET, WE NEED TO CHANGE THE NUMBER SIX MAPLE AVENUE TO BOA 2 5 0 0 0 1, 0 1 AND ALSO CHANGED ON THE LAST OF THE MEETING MINUTES, WHICH IS 25 OR DOCKET 36 CHANGED THE VOTE TO ADJOURN TO FOUR TO ZERO IF THE CHAIRMAN WOULD ENTERTAIN A MOTION. 
          [00:05:02]
MR. CHAIRMAN, I MOVE THAT THE MINUTES BE ACCEPTED AS AS AMENDED MR. HOP HAS MOVED TO ADOPT A MEETING MINUTES FROM APRIL 14TH. 
          PANEL A MEETING SUBJECT TO THE TWO CORRECTIONS. 
          IS THERE A SECOND? SECOND, SECOND AMENDMENT BY MS. DAVIS. 
          DISCUSSION IN THE MOTION HEARING? NO DISCUSSION. 
          ALL IN FAVOR PLEASE SAY AYE. 
          AYE. 
          AYE. 
          AYE. 
          THOSE AYE. 
          THOSE OPPOSED MEETING MINUTES ARE APPROVED UNANIMOUSLY. 
          THANK YOU. 
          OH, PUBLIC SPEAKING MS. MAYOR. 
          MS. WILLIAMS, DO WE HAVE ANYONE REGISTERED FOR PUBLIC SPEAKING? NO PUBLIC SPEAKERS REGISTERED SIR DODGE THAT BULLET. 
          OKAY. 
          GOOD. 
          ALRIGHT, NEXT ITEM ON THE AGENDA IS UH, BOA 2 6 0 0 0 7 FW ONE AT 8 4 4 0 KINGS KINGSFORD ROAD. 
          IS THE APPLICANT HERE? THE APPLICANT IS NOT PRESENT. 
          I'M SORRY, SAY AGAIN. 
          THE APPLICANT IS NOT PRESENT. 
          THE APPLICANT IS NOT PRESENT. 
          OKAY. 
          THE CHAIRMAN ENTERTAIN A MOTION MS. DAVIS ONE HERE IT'S BO OA 2 6 0 0 0 7 7 F1. 
          YEP. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 26 DASH 5 0 7 FW ONE ON APPLICATION OF JUAN GARCIA DENY THE REQUEST TO WAIVE THE FILING FEES TO BE PAID IN ASSOCIATION WITH A REQUEST FOR A SPECIAL EXEMPTION TO THE FENCE HEIGHT REGULATIONS A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATION OF THE DRIVE APPROACH AND A SPECIAL EXCEPTION TO THE FENCE OPACITY REGULATIONS AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PAYMENT OF THE FEE WOULD NOT RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THIS APPLICANT IN THE ITEM OF BO A 2 6 0 0 0 7 FW ONE. 
          MS. DAVIS HAS MOVED TO DENY THE REQUEST FOR A FEE WAIVER, UH, WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND. 
          SECOND BY MR. DORN. 
          DISCUSSION IN THE MOTION MS. DAVIS, I'M MOVING TO DENY THIS MOTION BECAUSE WE CAN'T HEAR FROM THE APPLICANT WHY THIS WOULD BE A SUBSTANTIAL FINANCIAL HARDSHIP. 
          SO I CAN ONLY ASSUME THAT SINCE THE APPLICANT IS NOT HERE, THAT IT IS NOT A SUBSTANTIAL FINANCIAL HARDSHIP, WHICH IS WHY I MOVE TO DENY THE REQUEST. 
          THANK YOU MS. DAVIS. 
          MR. DORN SAME COMMENT AS MS. DAVIS. 
          ANY OTHER DISCUSSION OF THE MOTION THE BOARD SECRETARY WILL CALL THE VOTE. 
          THE VOTE ON THE FLOOR IS TO DENY WITHOUT PREJUDICE THE FEE WAIVER REQUEST. 
          2 6 0 0 0 0 7 FW ONE. 
          MS. DAVIS AYE. 
          MR. DORN AYE. 
          MR. OVITZ AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN AYE. 
          MOTION TO DENY PASSES. 
          5 2 0 IN THE MATTER WILL BE A 2 6 0 0 0 7 FW ONE. 
          THE BOARD DENIES ON A VOTE UNANIMOUS VOTE OF FIVE TO ZERO THE UH, WITHOUT PREJUDICE THE REQUEST FOR A FEE WAIVER, THE APPLICANT WILL BE NOTIFIED BY EMAIL BY THE STAFF. 
          THANK YOU. 
          THE NEXT CASE BEFORE THE BOARD IS BOA 2 5 0 0 0 0 8 8. 
          THIS IS AT 1 0 2 6 0 STRAIGHT LANE. 
          THIS IS A HOLDOVER FROM THE PREVIOUS MONTH. 
          IS THE APPLICANT HERE I'LL ASK ONE MORE TIME. 
          UH, THIS IS BO OA 2 5 0 0 0 0 8 8 AT 1 0 2 6 0 STRAIGHT LANE IS THE APPLICANT HERE MR. GO, GO. 
          GO. 
          OH MS. NOT THE APPLICANT. 
          OH. 
          ARE YOU SPEAKING FOR THE APPLICANT? NO, NO, I'M NOT SPEAKING FOR THE APPLICANT. 
          IT'S AN OPPOSITION. 
          OKAY. 
          WELL WE'RE A PUBLIC HEARING. 
          YOU'RE ALLOWED TO COME FORWARD. 
          ALRIGHT, SO, UM, MS. BOARD SECRETARY, THE APPLICANT HASN'T RESPONDED YET AND WE STILL WILL HAVE THE PUBLIC HEARING. 
          UH, WHO IS REGISTERED TO SPEAK IN FAVOR AND AGAINST PLEASE? WE'RE ON 25 4 0 8 8. 
          NO SPEAKERS IN FAVOR? NO SPEAKERS. 
          AND WHAT IN OPPOSITION? ALRIGHT, IF YOU'LL COME FORWARD, MS. BOARD SECRETARY, WE'LL CALL THE SPEAKER IN OPPOSITION THE NAME MS. GOPI GOA. 
          GOA SHAW. 
          GOA SHAW? YES. 
          OKAY. 
          YOU'RE GONNA BE SWORN IN BY OUR BOARD SECRETARY AND THEN YOU'LL BE GIVEN FIVE MINUTES TO SPEAK. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          YOU, YOU CAN PROCEED. 
          YOU HAVE FIVE MINUTES. 
          OKAY. 
          UH, GOOD MORNING. 
          HOW ARE YOU? I'M WELL, HOW ARE YOU? VERY GOOD. 
          PLEASE PROCEED. 
          OKAY. 
          UH, DEAR MEMBERS OF THE BOARD 
          [00:10:01]
CHAIRMAN, UM, MY NAME IS GO PKA SHAW. 
          I AM WITH HOMES FIRM PC. 
          I REPRESENT JOHN AND ANNE MC REYNOLDS, WHO RESIDE AT 1 0 3 0 0 STRAIGHT LANE. 
          THEY'RE THE NEIGHBORS OF 1 0 2 6 0 STRAIGHT LANE. 
          AND, UM, I AM HERE JUST TO GO OVER THE SAME THINGS THAT WE DISCUSSED IN LANDMARK COMMISSION MEETING. 
          AND THAT'S BASICALLY THAT THE ORDINANCE, UH, DISCUSSES MATCH EXISTING, UH, THE SAME ORDINANCE USES, UH, LENIENT LANGUAGE IN OTHER PARTS OF THE ORDINANCE, BUT WHEN IT COMES TO THE FENCE, IT SAYS MATCH. 
          AND SO TO REMIND, UH, WHAT WE MEAN BY THAT, UH, WE SUBMITTED A OPINION LETTER TO THE LANDMARK COMMISSION. 
          I'M NOT SURE IF THAT'S SOMETHING THAT UH, YOU HAVE ACCESS TO. 
          I'M HAPPY TO SUBMIT A COPY. 
          UM, BUT IN COLOR TEXTURE, MODULE SIZE, BOND PATTERN, MORTAR COLOR, UH, WHAT WE MEAN BY MATCH IS EVEN IN HEIGHT IT, IT APPLIES. 
          AND SO AS DISCUSSED BY THE LANDMARK COMMISSION, UH, THEY OPTED TO DENY UNANIMOUSLY THE APPLICANT, UH, AND THEIR REQUESTS TO BUILD AN EIGHT FOOT, UH, SIX INCH FENCE, I BELIEVE, UNTIL IT MATCHES THE EXISTING. 
          AND SO WE WOULD REQUEST OF THE BOARD, UH, TO UPHOLD THAT AND ALSO DENY THE APPLICANT AS WELL. 
          THANK YOU VERY MUCH. 
          THANK YOU MA'AM. 
          YOUR NAME AGAIN IS MS. SHAW. 
          YES. 
          GO. 
          PKA SHAW. 
          OKAY. 
          SO ONE SECOND. 
          AND YOU'RE REPRESENTING THE PROPERTY OWNERS AT 1 0 300 STRAIGHT LANE? YES. 
          OKAY. 
          HOLD ON, I'M GONNA LOOK YOU UP. 
          OKAY. 
          UM, 1 0 300 STRAIGHT LANE IS JOHN AND ANNE MCREYNOLDS? THAT IS CORRECT. 
          ALRIGHT. 
          ON OUR CHART HERE, THAT LOOKS LIKE IT'S THE PROPERTY DIRECTLY NORTH OF THE SUBJECT PROPERTY. 
          THAT IS CORRECT. 
          OKAY. 
          OF WHICH WE'VE RECEIVED A LETTER, UH, RESPONDING, NO. 
          YES. 
          OKAY. 
          UH, ARE YOU THE ONE WITH THE GIGANTIC GORGEOUS HEDGES? I BELIEVE SO, YES. 
          . 
          OKAY. 
          ALRIGHT. 
          I SHOULDN'T HAVE SAID IT THAT WAY. 
          YOU'RE THE ONE WITH THE TALL HEDGES. 
          TALL HEDGES. 
          OKAY. 
          YEAH. 
          ALRIGHT. 
          UM, OKAY. 
          THANK YOU VERY MUCH. 
          THANK YOU. 
          WE APPRECIATE IT. 
          ANY OTHER SPEAKERS? MS. BOARD? SECRETARY? NO OTHER SPEAKERS REGISTER, SIR. 
          ALRIGHT. 
          THE CHAIR WOULD ENTERTAIN A MOTION. 
          MR. HAITZ, UH, I'D LIKE TO HAVE DISCUSSION IF WE COULD. 
          WELL, WE, WE REALLY, UH, WE REALLY NEED TO HAVE A MOTION ON THE FLOOR OKAY. 
          OR QUESTIONS FOR THE, UH, SPEAKER. 
          OKAY. 
          UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA TWO FIVE DASH 0 0 0 0 8 8 ON APPLICATION SAR SHARIF DENIED A SPECIAL EXEMPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT SIX INCH HIGH FENCE WITH PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY, UH, IN THE MATTER OF HOLD ON BO A 2 5 0 0 0 0 8 8, UM, MR. KOVI HAS MADE A MOTION TO DENY THE REQUEST FOR A SPECIAL EXCEPTION WITH PREJUDICE. 
          IS THERE A SECOND? SECOND. 
          SECONDED BY MS. DAVIS. 
          DISCUSSION ON THE MOTION. 
          MR. OVITZ? THE REASON, UH, WELL, THE THING I WANTED TO DISCUSS AND WHAT I AND I, WHY I MADE THE MOTION TO BE WITH PREJUDICE IS THAT THIS APPLICANT HAS BEEN BEFORE US SEVERAL TIMES. 
          UM, WE HAVE MANY TIMES ASKED HIM TO WAIT UNTIL THE LANDMARK COMMISSION MADE ITS DECISION. 
          HE HAS STILL COME AND TAKEN UP THIS BOARD'S TIME REPEATEDLY AND NOW TODAY DOESN'T SHOW UP. 
          SO THAT'S WHY I'M MAKING IT WITH PREJUDICE. 
          I DON'T WANNA KEEP SEEING THIS MAN HERE EVERY MONTH WITH ANOTHER APPLICATION FOR THE SAME THING. 
          THANK YOU MR. KOVI, MS. DAVIS DISCUSSION IN THE MOTION. 
          I AGREE WITH MR. VIC'S COMMENTS. 
          OTHER DISCUSSION IN THE MOTION? UH, JUST FOR EVERYONE'S EDIFICATION, A MOTION TO DENY WITH PREJUDICE MEANS THAT THE APPLICANT CANNOT REFILE FOR TWO YEARS. 
          UM, THEN APPLICANT CAN MAKE A SEPARATE REQUEST THAT THERE'S A CHANGE IN CIRCUMSTANCES OF WHICH THEN THE BOARD COULD CONSIDER CHANGING THE DENIAL WITH PREJUDICE, JUST DENIAL WITHOUT PREJUDICE, WHICH MEANS THEY CAN REFILE. 
          BUT AS A GENERAL RULE, A DENIAL WITH PREJUDICE MEANS TWO YEARS. 
          SO I JUST WANNA MAKE SURE EVERYONE UNDERSTANDS THAT. 
          [00:15:05]
UM, UM, SO THAT'S THE MOTION THAT'S ON THE FLOOR. 
          UM, I WILL COMMENT NOW TO THE MOTION AND TO THE REQUEST BY THE APPLICANT. 
          I'M VERY DISAPPOINTED THE APPLICANT'S NOT HERE. 
          UH, THE REASON THE BOARD OF ADJUSTMENT HAS PUBLIC HEARINGS IS TO GIVE A PROPERTY OWNER A RIGHT TO MAKE A REQUEST FOR LAND USE ABOVE AND BEYOND WHAT THE CODE ALLOWS. 
          THE CODE ALLOWS FOREFOOT FENCES IN THE FRONT YARD SETBACK. 
          UM, THIS PARTICULAR PROPERTY HAS AN ADDITIONAL DESIGNATION OF A LANDMARK DESIGNATION, WHICH REQUIRES PRIOR APPROVAL OF THE LANDMARK COMMISSION. 
          SEPARATE AND ASIDE FROM THE BOARD OF ADJUSTMENT, OUR CRITERIA IS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          THAT'S OUR CRITERIA. 
          UM, BUT IT'S VERY HARD FOR US AS A BOARD, IN MY OPINION, TO GRANT SOMETHING WHEN THE APPLICANT EITHER DOESN'T MODIFY HIS OR HER REQUESTS TO COMPLY WITH WHAT THE, WHAT WOULD POTENTIALLY ADVERSELY AFFECT NEIGHBORING PROPERTIES AND OR THE REQUIREMENTS OF THE LANDMARK COMMISSION. 
          IT WAS PRE, IT WAS TESTIFIED IN PREVIOUS HEARINGS THAT THE APPLICANT, UH, WAS AWARE THAT THEY, THE PROPERTY WAS LANDMARK DESIGNATED PRIOR TO BUYING IT. 
          SO THE OLD CAVEAT E DOOR BUYER BEWARE APPLIES. 
          UH, AND SO THAT, SO THE APPLICANT IS RESPONSIBLE FOR WHAT HE PURCHASED, IN MY OPINION. 
          UM, I THINK THAT IT'S, I WILL SUPPORT THE MOTION TO DENY WITH PREJUDICE 'CAUSE YOU'RE RIGHT, THIS IS THE THIRD TIME INTO THE BOX AND IT'S VERY DISAPPOINTING THAT THE APPLICANT DIDN'T SHOW. 
          BUT MY PRIMARY, UH, DECISION MAKING IS BASED AT THE, EXCEPT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          THAT'S WHY I'M AGREEING TO DENY QUESTIONS ON THE MOTION. 
          ANYONE ELSE SPEAKING TO THE MOTION? THE MOTION ON THE FLOOR IS TO DENY THE REQUEST FOR A SPECIAL EXCEPTION. 
          THIS IS A HEIGHT EXCEPTION FROM FOUR FEET GOING TO EIGHT FOOT SIX INCHES WITH PREJUDICE. 
          HEARING NONE THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS AYE. 
          MR. DORN AYE. 
          MR. OVITZ AYE. 
          MR. ROGERS AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO DENY WITH PREJUDICE PASSES FIVE TO ZERO IN THE MATTER OF BO OA 2 5 0 0 0 0 8 8. 
          THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE, DENIES THE REQUEST FOR, UH, A SPECIAL EXCEPTION WITH PREJUDICE. 
          UH, THE APPLICANT WILL GET A NOTIFICATION FROM THE, UH, SOME OF THE STAFF IN MOMENTARILY. 
          THANK YOU VERY MUCH. 
          I WILL TAKE THAT YELLOW FOLDER BACK GUYS. 
          THANK YOU. 
          OKAY, THANK YOU. 
          THE NEXT ITEM BEFORE THE BOARD IS BO A 2 6 0 0 0 0 0 3 1 0 5 0 6 LAKE MERE DRIVE. 
          IS THE APPLICANT HERE? YES. 
          PLEASE COME FORWARD. 
          THIS IS 1 0 1 0 5 0 6 LAKE MERE DRIVE. 
          DO YOU MIND IF I GO WITH THEM, THE HOMEOWNERS OR HE HAS TO GO BY HIMSELF? UM, EVERYONE CAN COME DOWN, BUT THERE'S ONLY ONE PERSON AT THE PODIUM AT A TIME. 
          OKAY. 
          WE HAVE THE APPLICANT AS CHRIS DILLARD. 
          YES. 
          PLEASE COME FORWARD. 
          HOLD ON ONE SECOND. 
          IS THIS ONE? THIS IS THREE. 
          I AM PASSING AMONGST THE BOARD MEMBERS THE PUBLIC COMMENT THAT WE'VE RECEIVED IN EMAILS. 
          WE, WE CIRCULATED THIS THIS MORNING. 
          WE'LL DO THAT AGAIN. 
          OKAY. 
          OKAY. 
          SO LET'S FIRST, UM, MS. BOARD SECRETARY, PLEASE TELL ME HOW MANY YOU HAVE REGISTERED SPEAKERS IN FAVOR VERSUS AGAINST. 
          I HAVE FOUR REGISTERED SPEAKERS IN FAVOR. 
          FOUR IN FAVOR? ANYONE AGAINST? NO. 
          OKAY. 
          SO OUR RULES OR PROCEDURES ARE THAT THE APPLICANT IS ALLOWED FIVE MINUTES TO PRESENT HIS OR HER CASE. 
          THEN ANYONE ELSE SPEAKING IN FAVOR IS ALLOWED TO SPEAK FOR FIVE MINUTES. 
          AND THEN ANYONE IN OPPOSITION IS ALLOWED TO SPEAK FOR FIVE MINUTES AND THEN THE APPLICANT'S ALLOWED TO HAVE A FIVE MINUTE REBUTTAL. 
          THOSE ARE OUR RULES OF PROCEDURE. 
          UM, I'M NOT GONNA LIMIT YOU OR ANYONE ELSE TO FIVE MINUTES, BUT WHAT I'M GONNA 
          [00:20:01]
SAY IS USE YOUR TIME WISELY. 
          UM, I WILL GENTLY CUT YOU OFF WHEN YOU START BEING REDUNDANT. 
          UM, BUT I WILL LET YOU PRESENT WHATEVER YOU'D LIKE TO PRESENT IN A REASONABLE TIME PERIOD. 
          WHATEVER TIME I GIVE YOU, I GIVE ALL THE OTHER SPEAKERS. 
          SO BE, BE, UH, JUDICIOUS. 
          YES, SIR. 
          THANK YOU. 
          BOARD. 
          ALRIGHT. 
          SO IF YOU WOULD ALL STAND AND BE SWORN IN, MS. BOARD, SECRETARY, DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. 
          YES. 
          OKAY. 
          UH, BE, UH, WHEN YOU COME TO THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS PLEASE. 
          OKAY. 
          ALRIGHT. 
          SO, MR. DILLARD, ARE YOU FIRST? YES SIR. 
          ARE YOU THE HOMEOWNER? I AM THE BUILDER. 
          GENERAL CONTRACTOR. 
          OKAY. 
          YOU'RE THE BUILDER, GENERAL CONTRACTOR? YES, SIR. 
          IS THE HOMEOWNER WITH THIS TODAY? YES, SIR. 
          IS THAT ONE OF THE THESE ARE BOTH THE HOMEOWNERS. 
          OKAY, GOOD. 
          OKAY. 
          VERY GOOD. 
          ALRIGHT, MR. DILLARD, PLEASE PROCEED. 
          SO, UM, I'M ACTUALLY, WE HAVE A PREPARED STATEMENT FROM THE HOMEOWNERS IF THAT WOULD BE BETTER FOR THEM TO GO AHEAD AND GIVE THE STATEMENT. 
          UM, AND THEN WE CAN, I CAN ADD IN MY 2 CENTS. 
          IT'S HOWEVER, UH, YOU FEEL IS MORE APPROPRIATE. 
          WELL, I'M GONNA LET JEN BY AND LARGE LET YOU DO WHAT YOU WANT TO DO. 
          OKAY. 
          BUT OUR PROCESS IS THE APPLICANT SPEAKS FIRST. 
          OKAY. 
          AND ACCORDING TO OUR RECORDS, THE A IS CHRIS DILLARD. 
          YES, SIR. 
          SO NOW IF YOU WANTED TO DEFER RIGHT AWAY TO THE HOMEOWNER, THAT'S FINE. 
          BUT, UM, OKAY. 
          SO I DO HAVE A BUT YOUR NAME'S ON YOUR NAME'S ON. 
          YES, SIR. 
          I, I AM THE APPLICANT. 
          I AM THE GENERAL CONTRACTOR. 
          SO I, IT IS PROBABLY IN OUR BEST INTEREST THAT, THAT I GO FIRST. 
          SO, UM, YOUR NAME AND YOUR ADDRESS. 
          MY NAME, MY NAME IS CHRIS DILLARD, UH, WITH CKD CONSTRUCTION. 
          UH, WE ARE THE, UH, HOME BUILDERS FOR 1 0 5 0 6 LAKE MERE DRIVE. 
          UM, I DO HAVE A PREPARED STATEMENT HERE. 
          UM, ONE OF THE QUESTIONS THAT DID COME UP, UM, DURING THIS PROCESS, UH, APPLYING FOR THE BOARD OF ADJUSTMENTS IS WHY THERE WASN'T A PERMIT PULLED, UH, PRIOR TO THE FENCE BEING CONSTRUCTED. 
          SO THAT'S KIND OF WHERE I WANNA START. 
          AND THEN, UH, AFTER I READ THIS STATEMENT, UH, I'LL GO AHEAD AND OPEN IT UP TO THE HOMEOWNERS AND THEY CAN EXPLAIN IN FURTHER DETAIL. 
          UM, SO WHEN WE WERE READY TO START, UH, CONSTRUCTION ON THE FENCE, UH, I SENT THE APPROVED SET OF PLANS AND PERMIT, UH, TO PABLO TIER BLANCA. 
          HE'S WITH LONE STAR FENCE, UH, AS A GC, UH, WE SUB OUT MOST OF OUR WORK, IF NOT ALL OF OUR WORK, UH, TO SUBCONTRACTORS. 
          SO THE SUBCONTRACTOR, UH, IS PABLO TIERRA BLANCA WITH LONE STAR FENCE, UM, THE FENCE CONTRACTOR. 
          UH, AND I SENT ALL THIS INFORMATION OVER TO HIM AND HE REQUESTED, OR EXCUSE ME, I REQUESTED A BID FOR THE INSTALLATION OF THE FENCE. 
          AFTER REVIEWING THE PLANS, PABLO RECOMMENDED ADDING A VISIBILITY TRIANGLE TO THE SOUTHWEST CORNER OF THE PROPERTY TO IMPROVE SIGHT LINES. 
          UH, THE APPROVED SET OF PLANS THAT WE HAD, UM, INDICATED THAT VISIBILITY TRIANGLES, UH, NEEDED TO BE, UM, INCLUDED WITH THE FENCE CONSTRUCTION. 
          UM, HOWEVER, WE, WE TOOK IT MAYBE ONE STEP FURTHER AND JUST MADE THOSE VISIBILITY TRIANGLES, UH, BIGGER THAN, THAN WHAT WAS RECOMMENDED. 
          UM, SO WE INCORPORATED THAT RECOMMENDATION AND PROCEEDED IN ACCORDANCE WITH THE APPROVED PLANS, WHILE ALSO ENHANCING THE VISIBILITY AT THAT CORNER. 
          UM, PRIOR TO THE BUILDING, EXCUSE ME, PRIOR TO THE FINAL BUILDING INSPECTION, I REQUEST, I REQUESTED A COPY OF THE FENCE PERMIT FROM PABLO. 
          AT THAT TIME, IT WAS DISCOVERED THAT THE PERMIT HAD NOT YET BEEN PULLED. 
          UM, PABLO'S SON, CHRISTIAN TIERRA BLANCA, HE ASSISTS WITH THE ADMINISTRATIVE TASK, UH, SUCH AS INVOICING AND, UH, PERMIT APPLICATIONS. 
          UH, DURING THIS PERIOD, CHRISTIAN, UH, PABLO'S SON, UH, HE SERVES, UH, IN THE US ARMY. 
          HE'S WITH THE ARMY RESERVES AND HE WAS CALLED AWAY ON DUTY FOR, UM, FOR TRAINING PURPOSES, WHICH MOST LIKELY CONTRIBUTED TO THE OVERSIGHT, UM, AND DELAY OF OBTAINING THE PERMIT. 
          SO ONE OF THE QUESTIONS, I'M JUST GONNA PAUSE REAL QUICK. 
          ONE OF THE QUESTIONS WAS, WHY WAS A PERMIT NOT PULLED PRIOR TO CONSTRUCTION? UM, WE, WE KIND OF, NOT KIND OF, WE BELIEVE THAT IT WAS DUE TO THE OVERSIGHT, UM, FROM HIS SON NOT BEING ABLE TO, UM, AS A GENERAL CONTRACTOR, I UNDERSTAND THAT IT IS ULTIMATELY MY RESPONSIBILITY TO VERIFY THAT ALL SUBCONTRACTORS ARE PROPERLY PERMITTED AND THAT REQUIRED PERMITS ARE OBTAINED BEFORE WORK BEGINS. 
          HOWEVER, DUE TO LIMITATIONS AND CHALLENGES NAVIGATING THE NEW DALLAS NOW SYSTEM, UM, I WAS UNABLE TO 
          [00:25:02]
INDEPENDENTLY CONFIRM THE PERMIT STATUS OF THE, UH, INDEPENDENTLY CONFIRM THE PERMIT STATUS DURING THE COURSE OF CONSTRUCTION. 
          UH, WE ARE WORKING, UH, THROUGH THESE CHALLENGES. 
          I'VE SPOKE TO THE RSVP DEPARTMENT DIRECTLY. 
          UH, UH, MYRA HERNANDEZ HAS, UH, BEEN SUPER HELPFUL. 
          BUT THOSE, THOSE TWO ITEMS, UH, IS WHAT THE, THE MAIN ISSUE THAT WE HAD IN, IN PULLING THE PERMIT. 
          SO I'M GONNA LEAVE IT AT THAT. 
          I'M GONNA OPEN IT UP TO, UH, THE HOMEOWNERS HERE. 
          OKAY. 
          SO, THANK YOU VERY MUCH, SIR. 
          YES, SIR. 
          ALRIGHT. 
          UM, ARE YOU DONE WITH YOUR PRESENTATION? I BELIEVE SO. 
          THIS IS MY FIRST TIME I'VE EVER DONE THIS. 
          SO A LITTLE NERVE WRACKING . 
          WELL, IT IS. 
          AND SO LET ME CALM YOU BY SAYING WE'RE ALL CITIZENS OF DALLAS. 
          WE'RE ALL PROPERTY OWNERS IN DALLAS, SO WE ARE, WE'RE, WE'RE ALL IN THE SAME BOAT. 
          OKAY. 
          THANK YOU. 
          THE REASON WHY THIS IS IN THIS FORMAT SETTING IS BECAUSE THE STATE OF TEXAS AND THE CITY COUNCIL OF DALLAS SAYS THAT IN RESIDENTIAL NEIGHBORHOODS, AND YOU'RE IN A R 75 DISTRICT, HAS CERTAIN RULES AS IT RELATES TO LOT COVERAGES AND HEIGHTS OF BUILDINGS AND SQUARE FOOTAGES AND FENCE LOCATIONS AND FENCE HEIGHTS. 
          AND THOSE ARE ALL THINGS IN PLACE THAT YOU HAVE TO GO TO, TO GET PERMISSION BEFORE YOU GET A PERMIT, BEFORE YOU BUILD. 
          BUT THOSE ARE ALL IN, IN SEQUENCE. 
          YES, SIR. 
          IF THEY'RE OUTTA SEQUENCE, THEN SOMEHOW YOU END UP HERE KIND OF IN REVERSE, BUT WE'LL GET INTO THAT SHORTLY. 
          SO THANK YOU. 
          BUT, BUT YOU, BUT NO, NO ONE'S PROSECUTING ANYONE FOR ANYTHING. 
          . 
          WHAT WE'RE TRYING TO DO IS MAKE SURE THAT THE, THE SPIRIT OF THE CITY CODE AS IT RELATES TO, UH, LAND USE IS UPHELD IN AN EVEN FAIR WAY IN EVERY PROPERTY, IN EVERY NEIGHBORHOOD THROUGHOUT THE CITY. 
          THAT'S, THAT'S OUR GOAL. 
          WE ALL COME FROM THROUGHOUT THE CITY. 
          UH, AND SO THAT'S KIND OF THE GIST HERE. 
          THANK YOU, MR. CHAIRMAN. 
          SO THIS WILL BE BACK AND FORTH. 
          IT MAY BE A LITTLE PAINFUL OR DIFFICULT 'CAUSE WE'RE GONNA ASK TOUGH QUESTIONS. 
          YEAH. 
          BUT THAT'S KIND OF WHAT, THAT'S WHAT THIS IS ABOUT. 
          OKAY. 
          EVERY PROPERTY OWNER CAN DO THINGS BY, RIGHT. 
          IN OTHER WORDS, BUILD A FENCE, FOUR FOOT HIGH. 
          IN OTHER WORDS, DO A FENCE THAT'S SOLID OUTSIDE OF THE FIVE FOOT SETBACK OF THE FRONT YARD. 
          BUT WHEN YOU DO THINGS TALLER THAN FOUR FEET, OR LESS THAN 50% OPA, OR I MEAN GREATER THAN 50% SOLID, YOU HAVE TO GET PERMISSION IN ADVANCE. 
          YES, SIR. 
          AND ALL PEOPLE HAVE TO GET PERMITS ISSUED BEFORE, BEFORE CONSTRUCTION. 
          SO WE'RE JUST THAT QUASI-JUDICIAL BODY OF PROPERTY OWNERS, TAXPAYERS, CITIZENS, RESIDENTS THAT HEARS BOTH SIDES OF THE CASE THEN MAKES, TRIES TO MAKE A DECISION. 
          I'M EXTENDING THIS OUT TO CALM EVERYONE THAT IT, IT'S . 
          THANK YOU. 
          YES. 
          I'VE BEEN OVER THERE BEFORE TOO. 
          YEAH. 
          IN MY PREVIOUS LIFE. 
          I PROMISE YOU SO. 
          ALRIGHT. 
          THANK YOU MR. DILLARD. 
          YES, SIR. 
          WHO'S THE NEXT SPEAKER? UH, PLEASE. 
          YOU'VE ALL BEEN SWORN IN, SO IF YOU JUST GIVE US YOUR NAME AND ADDRESS PLEASE. 
          UH, GOOD AFTERNOON, BOARD OF ADJUSTMENTS. 
          MY NAME IS, UH, CHRISTIAN OSORIO. 
          I'M THE HOMEOWNER. 
          OKAY. 
          HOLD ON A SECOND. 
          CHRISTIAN. 
          AND YOUR LAST NAME? OSORIO. 
          YOU'RE GONNA HAVE TO SPELL THAT. 
          O-S-O-R-I-O. 
          OKAY. 
          MR. OSORIO? YES. 
          OKAY. 
          PLEASE, PLEASE. 
          AND YOUR ADDRESS? UH, 1 0 5 0 6 LAKE MERE DRIVE. 
          GREAT. 
          PLEASE PROCEED. 
          UH, SO WE'RE HERE, I'M HERE TO REQUEST A VARIANCE ON THE FENCE THAT'S BEEN BUILT ON OUR PROPERTY. 
          UM, UH, SPECIAL EXCEPTIONS QUESTION, SPECIAL EXCEPTION TO FOR FENCES BEEN BUILT ON OUR PROPERTY, UH, GIVEN THE CONSTRAINTS OF A CORNER LOT. 
          UH, THE WEST SIDE OF OUR PROPERTY IS THE BACKYARD OF OUR PROPERTY. 
          THIS IS THE ONLY AREA WHERE TWO CHILDREN AND TWO SMALL PETS CAN PLAY SAFELY. 
          UM, THE, THE FENCE PROVIDES PRIVACY TO THE INTERIOR OF OUR HOME. 
          WITHOUT, WITHOUT IT, ANYONE COULD SEE DIRECTLY INTO OUR KITCHEN, DINING ROOM, LIVING ROOM, A MASK ROOM, CREATING A PRIVACY AND SAFETY CONCERN FOR OUR FAMILY. 
          UM, I CAN SHOW YOU AN EXHIBIT EIGHT. 
          UM, BRIAN, I DUNNO IF YOU CAN HELP ME WITH THAT SO YOU CAN GET AN IDEA OF WHERE, I KNOW IF YOU HAD A CHANCE TO LOOK AT THAT ALREADY. 
          WE DON'T HAVE TO GO THROUGH IT. 
          UH, C CAN YOU PULL UP A EXHIBIT A BRIAN, 
          [00:30:09]
MR. THOMPSON, ARE YOU WORKING ON THIS? YES. 
          THANK YOU. 
          UH, NEXT SLIDE. 
          VOLUME? YES. 
          THIS, THIS IS A VIEW FROM THE OUTSIDE OF OUR HOUSE, UH, ON THE LEASE SIDE. 
          LOOK INTO OUR PROPERTY. 
          NEXT SLIDE. 
          IT'S ANOTHER, UH, POINT OF VIEW AS WELL. 
          NEXT SLIDE. 
          WHAT ARE WE LOOKING AT HERE? UH, YOU'RE, YOU'RE LOOKING, IF YOU ARE STANDING, UM, THE LEASE SIDE, THIS IS WHERE YOU'D BE LOOKING INTO, IF YOU'RE STANDING ON THE WEST SIDE OF MY HOUSE, WHICH IS THE SIDE OF LEASE SIDE WHERE THE FENCE IS LOCATED. 
          THIS IS WHERE YOU'D BE LOOKING INTO IF YOU, UH, THIS IS BEFORE THE FENCE WAS BUILT. 
          WELL, THIS IS ALREADY WHERE THE FENCE I'M STANDING ON THE INSIDE OF THE PROPERTY. 
          OH, OKAY. 
          SO IF THE FENCE, IF THE FENCE WAS GONE, THIS IS WHERE YOU ACTUALLY WOULD SEE, OKAY. 
          SO THE FENCE IS BUILT AND YOU'RE, THIS IS A PICTURE FROM INSIDE THE FENCE, CORRECT. 
          CORRECT. 
          INTO, INTO YOUR HOME. 
          CORRECT. 
          VERY GOOD. 
          AND, UH, NEXT SLIDE. 
          THIS IS, UH, ANOTHER PHOTO JUST LOOKING INTO THE BEDROOM RIGHT THERE. 
          UH, NEXT SLIDE. 
          THIS IS MY BACKYARD WHERE, UH, KIND OF WHERE IT'S LEVELING AND WHERE THE FENCE IS. 
          NOW THIS IS KIND OF WHERE OUR KIDS PLAY AND KID ACTIVITIES TAKE PLACE. 
          NEXT SLIDE. 
          THAT'S ANOTHER VIEW, UH, KIND OF IN THE AFTERNOON LOOKING INTO THE HOUSE. 
          LIKE, AS YOU CAN SEE, YOU HAVE DIRECT VIEW INTO OUR PROPERTY OF ANYTHING THAT WE DO IN THERE. 
          EITHER COOKING, CLEANING, UH, JUST WALKING AROUND OUR PAJAMAS. 
          UH, NEXT SLIDE. 
          NEXT SLIDE. 
          ALRIGHT. 
          SO, UM, THE OTHER POINT I WANNA MAKE, UH, THE CORNER LOT ON LAKE METER DRIVE. 
          AND LEE HAS A TWO-WAY STOP SIGN THAT NATURALLY SLOWS TRAFFIC, HELPING MINIMIZE POTENTIAL SAFETY CONCERNS. 
          UH, I ALSO ATTACH, UH, PHOTOS OF DIFFERENT, UH, DIFFERENT TIMES OF THE DAY WHERE MY FENCE IS NOT CAUSING ANY ISSUES WITH THE TRAFFIC. 
          UH, NEXT SLIDE. 
          BRIAN. 
          OH, I DON'T, CAN YOU GUYS, UH, BOARD ADJUSTMENTS. 
          CAN Y'ALL SEE THAT? AND THIS IS ME, UM, JUST KIND OF DRIVING ALONG THE ALLEYWAY. 
          NEXT SLIDE. 
          NEXT SLIDE. 
          AS YOU CAN SEE, MY FENCE IS NOT REALLY CAUSING ANY ISSUES WITH THE FLOW OF TRAFFIC OR CREATING ANY DISTRACTIONS FOR ANYBODY IN THERE. 
          NEXT SLIDE. 
          NEXT SLIDE, NEXT SLIDE. 
          NEXT SLIDE. 
          NEXT SLIDE. 
          UM, MY HOUSE IS RIGHT THERE ON THE, ON THE RIGHT CORNER OF THAT PHOTO. 
          UH, NEXT SLIDE. 
          NEXT, NEXT, NEXT. 
          AND I JUST TOOK, UH, PICTURES OF DIFFERENT TIMES, EITHER IN THE EVENING, THE MORNING AT, AT NOON AT NIGHT TO JUST TO KIND OF SHOW THAT, UM, THE FLOW OF TRAFFIC, THE FLOW OF TRAFFIC THERE. 
          YEAH. 
          NEXT. 
          OKAY, SO THIS IS, GOES INTO EXHIBIT C. 
          UM, SO THE OTHER POINT I WANNA MAKE OUT IS THE VAST MAJORITY OF HOMES IN THE NEIGHBORHOOD ON CORNER LOTS HAVE, UH, FENCING SIMILAR TO OURS ABOUT FOUR FEET. 
          UH, OUR HOME CONFORMS WITH THE NEIGHBORHOOD I ATTACHED, UM, A SERIES OF PHOTOS OF, UH, OF HOUSES. 
          THEY'RE ALL WITHIN WALKING DISTANCE OF OUR PROPERTY, UH, WHERE THEY ALL HAVE THIS, THE SIMILAR STYLE OF, OF FENCE THAT WE HAVE NOW. 
          ACTUALLY, OUR INSPIRATION FOR THE DESIGNER OF OUR HOME WAS BASED ON THE HOUSES IN THE NEIGHBORHOOD. 
          UH, AS YOU CAN SEE, THAT HOUSE RIGHT THERE IS RIGHT ACROSS THE STREET FROM ME. 
          IT HAS AN EIGHT FOOT FENCE GOING ALONG THE SIDEWALK. 
          UH, SO YOU CONTINUE TO, UM, BRIAN, IF YOU DON'T MIND JUST KIND OF SPEEDING UP TO THIS. 
          I MEAN, I, I KIND OF WENT, I WALKED THROUGHOUT THE NEIGHBORHOOD AND TOOK A LOT OF PHOTOS OF ALL THE HOMES, UH, SURROUNDING THE AREA. 
          AND AS YOU CAN SEE, THEY ALL KIND OF HAVE THE HOUSE IN THE CORNER AND THE FENCE, AND THEN KIND OF THE FENCE GOING ALONG THE, THE SIDEWALK ALL THROUGHOUT. 
          I, I FOUND, I DON'T KNOW, PROBABLY 200 PHOTOS WITH THE, WITH A SIMILAR CONDITION AS MINE. 
          UM, THIS IS ANOTHER NEW BUILT HOME. 
          THIS IS ANOTHER HOUSE WITH THE RETAINER WALL. 
          UM, 
          [00:35:01]
THIS IS A RETAINER WALL WITH THE FENCE ON TOP OF IT. 
          UM, THERE'S A LOT OF THIS, UH, BRIAN, IF YOU DON'T MIND JUST KIND OF SPEEDING UP TO THIS OR SO THEY CAN SEE, GET AN IDEA FOR IT. 
          THIS IS ANOTHER HOUSE WITH A RETAINABLE AND A FENCE ON TOP OF IT. 
          ANOTHER HOUSE RETAINABLE AND FENCE CORNER HOUSES, WHICH IS WITH THE, WITH THE SIMILAR, UH, FENCE KIND OF GOING ALONG THE SIDEWALK, SIMILAR TO OURS. 
          UM, SO I, I'LL JUST LET, UM, BRIAN GO THROUGH THIS SO YOU CAN SEE THOSE PHOTOS I TOOK. 
          AND I WANT TO GO TO MY NEXT POINT. 
          UM, DURING THIS WHOLE PROCESS, UH, WHEN I WAS, WHEN, UH, WHEN I GOT IN CONTACT WITH DIANE, SHE TOLD ME TO, TO REACH OUT TO THE NEIGHBORHOODS, UH, THE NEIGHBORS A ALONG OUR HOME TO KIND OF, UH, INVITE INTO OUR HOMES TO GET TO KNOW US, TO KIND OF BREAK BREAD WITH THEM, EXPLAIN TO THEM OUR HOME AND SO FORTH. 
          AND WE, UH, WE, UH, WE HAD MET GOOD FAITH EFFORT TO RESPECT, UH, TO BE RESPECTED TO OUR NEIGHBORS AND TO REACH OUT TO THEM REGARDING THEIR CONCERNS. 
          UM, ON APRIL 26TH, WE HOSTED A, UH, A PARTY TO THE NEIGHBORS TO, TO OUR HOME TO GET TO KNOW US, TO, TO SHARE THEIR CONCERNS. 
          UM, IN ADDITION, UH, WE ALSO REMOVED SOME LANDSCAPING WE RECENTLY INSTALLED, UM, TO MAKE THE COURT TO KIND OF, TO MAKE TO A PIECE OF NEIGHBORS AS WELL. 
          THIS IS SOMETHING THAT WAS DISCUSSED, UH, BETWEEN ME AND DIANE, UH, TO SHOW SOME A GOOD FAITH EFFORT ON THAT. 
          UM, AND WE ALSO, UH, SHE RECOMMENDED TO, UH, SPEAK TO THE NEIGHBORS TO GET THEIR SUPPORT ON OUR, ON OUR FANS. 
          UH, WE REACH OUT TO THE, TO THE VAST MAJORITY OF THE PEOPLE WITHIN THE 200 FOOT RADIUS. 
          WE GOT THE MAJORITY OF THE SIGNATURES. 
          THERE WAS A FEW HOMES THAT WERE VACANT ON THAT RADIUS, ABOUT THREE HOMES THAT WE COULDN'T REACH TO. 
          BUT THE VAST MAJORITY, UH, OF PEOPLE WE DID, UM, I WILL SAY ABOUT THREE PEOPLE. 
          UH, WE COULDN'T, THEY WERE NOT HAPPY WITH OUR FENCE. 
          AND THERE WAS THE OPPOSITION THAT I'M SURE YOU'VE SEEN THE LETTERS OF IT. 
          UM, AND THEN, AND WE ALSO, UM, SO SINCE OUR HOUSE IS ON THE CORNER, UM, MY WIFE AND I, WE KIND OF HUNG OUT ON THE CORNER AND WE MET SOME OF THE PEDESTRIANS AND WALKERS AND, AND SO FORTH. 
          AND WE ASKED AND WE INTERACT WITH THEM. 
          WE ALSO GOT THEIR SUPPORT AND WE ADDED THAT ADDITIONAL LETTERS AS WELL AS AN ADDITIONAL EXHIBIT. 
          UM, I DUNNO IF YOU HAD A CHANCE TO SEE 'EM OR NOT. 
          UM, BUT THAT, THAT WAS, UH, THAT'S ALSO IN THE PACKAGE. 
          I'M, I'M SUBMITTING HERE. 
          UM, AND, UM, YEAH, SO THAT'S, THAT'S MY PRESENTATION. 
          UM, IF YOU DON'T MIND, HAVE YOU SEEN ALL THE SLIDES I'VE PROVIDED, OR DO WE NEED TO? OKAY, PERFECT. 
          PERFECT. 
          UH, THAT, THAT'S ALL I GOT IN REGARDS TO MY PRESENTATION. 
          THANK YOU VERY MUCH. 
          WE'LL COME BACK TO YOU WITH QUESTIONS IN A MINUTE. 
          UH, NEXT SPEAKER, MS. BOARD SECRETARY TRI DELGADO. 
          HI, UH, MY NAME'S TRINI DELGADO AND I LIVE AT 1 0 5 0 6 LAKE MERE. 
          UM, I'M THE QUESTION THE HOUSE IN QUESTION FOR THE ASKING FOR THE SPECIAL EXEMPTION. 
          I JUST HAD A LITTLE STATEMENT TO READ, UM, ABOUT ASKING FOR THE VARIANCE. 
          UM, THANK YOU FOR YOUR TIME AND CONSIDERATION REGARDING OUR REQUEST. 
          MY FAMILY'S HOME WAS DESIGNED AS A MULTI-GENERATIONAL HOME CENTERED AROUND SAFETY, FAMILY AND COMMUNITY. 
          WHEN PLANNING OUR HOME, WE WERE INSPIRED BY MANY OF THE CORNER LOT HOMES THROUGHOUT LAKE HIGHLANDS THAT FEATURE SIMILAR FENCES AND CREATE SAFE, WELCOMING SPACES FOR FAMILIES AND CHILDREN. 
          THESE ARE OFTEN THE HOMES THAT ARE FULL OF CHILDREN AND HAVE COMMUNITY EVENTS THAT ARE OPEN TO ONE AND ALL. 
          THIS IS THE VISION WE HAD WHEN BUILDING OUR HOME FROM THE BEGINNING. 
          WE MADE EVERY EFFORT TO BE RESPECTFUL OF OUR NEIGHBORS. 
          WE PERSONALLY INTRODUCED OURSELVES AS A FAMILY TO SURROUNDING RESIDENTS. 
          WE THANK THEM FOR THEIR PATIENCE DURING CONSTRUCTION, AND WE WELCOMED CONVERSATIONS ABOUT THE PROPERTY. 
          WE OPENED OUR HOME TO ALL OF OUR NEIGHBORS IN HOPES OF FOSTERING THE COMMUNITY THAT WE HAD ENVISIONED. 
          OUR INTENTION HAS ALWAYS BEEN TO CONTRIBUTE POSITIVELY TO THE NEIGHBORHOOD AND RAISE OUR CHILDREN IN THIS HOME AND THIS COMMUNITY FOR MANY YEARS TO COME. 
          THE HARDSHIP BEHIND THIS REQUEST IS TIED SPECIFICALLY TO THE UNIQUE CONDITIONS OF OUR CORNER LOT BECAUSE OUR PROPERTY HAS DUAL FRONTAGE, A SLOPED YARD AND SITS ADJACENT TO A FOUR-WAY STOP WITH SIGNIFICANT PEDESTRIAN AND VEHICLE TRAFFIC. 
          STRICT APPLICATION OF THE ORDINANCE CREATES A PRACTICAL HARDSHIP THAT INTERIOR LOTS IN THE NEIGHBORHOOD SIMPLY DO NOT EXPERIENCE. 
          OUR CHILDREN WALK AND BIKE DAILY TO AND FROM THE MIDDLE AND ELEMENTARY, ELEMENTARY SCHOOLS NEARBY, CROSSING DIRECTLY IN FRONT OF OUR PROPERTY AND NEAR THE FENCE. 
          THE FENCE WAS DESIGNED WITH PRIVACY AND SAFETY IN MIND. 
          SO OUR FAMILY CAN REASONABLY AND SAFELY USE OUR OUTDOOR SPACE AND CREATE A SAFE PATH FOR PEDESTRIANS AND VEHICLES. 
          WE BELIEVE THE REQUEST IS CONSISTENT WITH THE 
          [00:40:01]
CHARACTER OF THE NEIGHBORHOOD. 
          SIMILAR CORNER LOT FENCES WITH COMPARABLE SETBACKS AND RETAINING WALLS EXIST NEARBY, INCLUDING HOMES BUILT BY THE SAME CONTRACTOR. 
          ADDITIONALLY, THE AREA CO CO COMPLIANCE INSPECTOR VISITED THE PROPERTY AFTER THE INITIAL COMPLAINT AND ADVISE US THAT HE DID NOT IDENTIFY ANYTHING UNUSUAL INITIALLY AND ABOUT THE FENCE. 
          AND NOTED THAT SIMILAR FENCES ARE COMMON THROUGHOUT LAKE HIGHLANDS. 
          WE UNDERSTAND THAT NOT EVERYONE MAY SHARE THE SAME AESTHETIC PREFERENCE AND WE RESPECT THOSE OPINIONS. 
          HOWEVER, WE RESPECTFULLY ASK THE BOARD TO CONSIDER THE UNIQUE HARDSHIP CREATED BY THE LOT CONDITIONS AND ALLOW OUR FAMILY THE SAME REASONABLE PRIVACY, SECURITY, AND ENJOYMENT OF OUR PROPERTY THAT THAT OTHER HOMEOWNERS ARE ABLE TO EXPERIENCE. 
          AND WE ARE FOREVER GRATEFUL TO BE A PART OF LAKE HIGHLANDS, TO BE A PART OF LAKE HIGHLANDS COMMUNITY AND HOPE TO CONTINUE CONTRIBUTING, CONTRIBUTING POSITIVELY TO IT FOR MANY YEARS TO COME. 
          THANK YOU. 
          THANK YOU VERY MUCH. 
          WE'LL COME BACK TO YOU WITH QUESTIONS IN A MOMENT. 
          MS. BOARD SECRETARY, MR. TED UBEN? YES. 
          IS THAT CORRECT? OKAY, . 
          GOOD AFTERNOON. 
          MY NAME IS TED EIN. 
          I LIVE TWO HOUSES DOWN FROM THE ASSOS AND I'M HERE TODAY TO SPEAK, UM, ABOUT THE FENCE IN SUPPORT OF THE, WHAT'S YOUR ADDRESS, SIR? 93 14 LEE SIDE DRIVE. 
          THEIR HOUSE FACES LAKE MERE, THE FRONT OF THEIR HOUSE FACES LAKE MIRROR ON THE SIDE OF THEIR HOUSE FACES LEE SIDE. 
          AND I'M ON LEE SIDE, TWO HOUSES DOWN FROM THEM. 
          OKAY, GOTCHA. 
          THANK YOU. 
          THE DID DO YOU HAPPEN TO HAVE A VIDEO THAT I SENT TO PLAY? IT'S A LITTLE BIT OF THE SAME VIDEO YOU MAY HAVE ALREADY SEEN, BUT I THINK THE, WHAT I CAN SPEAK TO IS THE OPACITY OF THE FENCE. 
          UM, IT'S NOT A PROBLEM. 
          UH, WHEN YOU PULL UP, REALLY THE ONLY PLACE WHERE IT IS AN ISSUE MAY BE IS THE ALLEYWAY. 
          THERE'S PLENTY OF ROOM TO PULL UP STILL, WELL SHORT OF LEE SIDE AND LOOK DOWN AND IT'S A CLEAR SHOT. 
          THERE'S ABSOLUTELY NO PROBLEM SEEING AROUND IT, ESPECIALLY AFTER THEY HAVE THE, THE ANGLE CUT OFF ON IT. 
          AND I HAVE A VIDEO THAT SHOWS THAT IF I WAS ABLE TO SEND IT IN PROPERLY, BUT WHEN YOU'RE IN THE ALLEYWAY, PULL UP TO THE STREET, STRAIGHT SHOT DOWN THE STREET, NO PROBLEM, NO VISUAL OBSTRUCTION AT ALL. 
          AND WHEN YOU TURN, TURN RIGHT AND PULL UP TO THE STOP SIGN BEFORE YOU EVEN GET TO THE STOP SIGN, AT LEAST THIS FAR FROM THE STOP SIGN, YOU CAN LOOK DOWN AND THAT'S THEIR HOUSE RIGHT THERE. 
          AND THE FENCE IS THERE. 
          ALSO, IT DOESN'T BLOCK ANYTHING WHEN YOU, ANY VISION AT ALL DOWN LAKE MIRROR. 
          SO WHEN YOU PULL UP, WHEN YOU PULL UP TO THE STOP SIGN, YOU'RE WELL CLEAR OF THE FENCE. 
          UM, SO I, IN MY OPINION, THERE'S ABSOLUTELY NO OPACITY PROBLEM AT ALL WITH THE FENCE. 
          SO THIS FENCE IS BUILT AND THERE WAS A PROBLEM MAYBE WITH THE PAPERWORK OR SOMETHING LIKE THAT. 
          WE DON'T, YOU KNOW, I DON'T KNOW, I CAN'T SPEAK TO THAT, BUT IT'S A BEAUTIFUL FENCE. 
          UM, POSES NO SECURITY OR SAFETY PROBLEMS AT ALL. 
          AND THERE ARE A NUMBER OF FENCES IN THE AREA THAT ARE BUILT UP. 
          LET'S SAY THEY HAVE THEIR YARD SLOPES DOWN TO THE SIDEWALK, BUT IT ALSO SLOPES UP FROM THE SIDEWALK TWO FEET. 
          AND THEY PUT A FENCE ON TOP OF THAT. 
          IT'S BUILT ON THE GROUND, BUT IT'S STILL ON A, A RAISED AREA ON A BERM, ON A SOMETHING BUILT UP. 
          SO THERE'S A LOT OF THAT IN THE AREA. 
          I ALSO THINK THAT THE AREA, THEY'RE TEARING DOWN HOUSES RIGHT AND LEFT, AND THEY'RE BUILDING HOUSES LIKE THIS. 
          THEY'RE GOING UP AND IT'S JUST THE WAY THE NEIGHBORHOOD IS. 
          AND I THINK THERE'S SOME PEOPLE THAT DON'T LIKE THAT AND, UM, THAT MAY HAVE PLAYED INTO IT. 
          AND I ALSO THINK THAT, UM, I THINK IT'S TERRIBLE THE WAY THESE PEOPLE HAVE BEEN TREATED THAT HAVE COME INTO THE NEIGHBORHOOD AND BEEN ATTACKED, UH, BY ONE OR TWO PEOPLE THAT THEN I THINK HAVE BULLIED SOME OTHER PEOPLE THAT REALLY DIDN'T CARE. 
          I, I DON'T BELIEVE THEY CARED THE WAY THAT, THAT THEY, THAT THEY WROTE IN AND, AND, UH, AND, AND SAID THOSE THINGS BECAUSE I KNOW FOR A FACT THEY DIDN'T CARE WHEN I TALKED TO 'EM. 
          AND THEN AFTER A WHILE THEY DID CARE AND THAT'S AFTER SOMEBODY GOT IN THEIR EAR, SOMEBODY PERSUASIVE AND LIKE THAT. 
          SO, UM, I DON'T HAVE ANY PROBLEM WITH THAT FENCE. 
          IT'S A BEAUTIFUL FENCE. 
          I WISH IT WERE IN MY BACKYARD. 
          AND OH, BY THE WAY, THIS IS NOT, AND I CAN APPRECIATE A REQUIRED FRONT YARD. 
          THIS IS NOT THE FRONT YARD. 
          THE FRONT YARD HAS A CIRCULAR DRIVE IN IT WITH A FRONT DOOR WITH A DOORBELL. 
          [00:45:01]
THIS IS THEIR SIDE YARD OR THEY USE IT AS THEIR BACKYARD AND IT'S OPEN SO YOU CAN SEE INTO IT. 
          AND, UM, A FOUR FOOT FENCE, UH, YOU KNOW, GIVES THEM NO PROTECTION, NO PRIVACY, NO NOTHING. 
          AND UH, IT'S UNFORTUNATE THAT THE, UH, UH, UH, APPLICATION WASN'T PULLED BEFORE, BUT IT WASN'T FOR WHATEVER REASON THE FENCE IS BUILT. 
          AND I THINK IT'D BE A CRYING SHAME NOT TO GIVE THEM AN ADJUSTMENT. 
          THIS IS THE BOARD OF ADJUSTMENT AND I THINK THIS IS A VERY IMPORTANT CASE THAT YOU SHOULD MAKE AN ADJUSTMENT ON, UH, BECAUSE IT'S CAUSING NO PROBLEM, EXCEPT WITH PEOPLE THAT DON'T LIKE THE LOOKS OF IT, FOR WHATEVER REASON OR WHATEVER IT IS, THEY WANTED ONE AND COULDN'T GET IT WHENEVER IT WAS AND THINGS LIKE THAT. 
          SO THERE'S OTHER THINGS GOING ON HERE IN THE NEIGHBORHOOD WITH MY, WITH MY NEIGHBORS. 
          THE FENCE IS BEAUTIFUL, CAUSES NO PROBLEM. 
          UH, IT DOESN'T INTERFERE WITH ANY VISUAL, UH, YOU KNOW, ABILITY, NO SAFETY ISSUES WITH IT AT ALL. 
          AND BELIEVE ME, THERE ARE PLENTY OF PEOPLE IN THE NEIGHBORHOOD THAT HAVE BERMS AND DIFFERENT THINGS WITH FENCES BUILT ON TOP. 
          OKAY? IT'S NOT A, IT'S NOT A BUILT UP RETAINING WALL WITH A FENCE ON TOP, BUT IT IS, IT GOES UP FROM THE SIDEWALK TWO FEET WITH A FENCE ON TOP OF AN EIGHT FOOT FENCE. 
          SO, UH, I DON'T REALLY SEE THAT MUCH OF A DIFFERENCE, UH, IN THAT. 
          AND I THINK THIS IS A PERFECT, UH, OPPORTUNITY TO MAKE AN ADJUSTMENT IN THIS CASE. 
          IT'S, IT'S, UM, IT WOULD BE A GOOD IDEA TO DO THAT, I THINK. 
          THANK YOU. 
          THANK, THANK YOU, SIR. 
          YOU'RE THE APPLICANT. 
          YOU'RE ALLOWED A FIVE MINUTE REBUTTAL OR DO YOU WANT TO ASK OUR QUESTIONS FIRST? YOU WANT US TO ASK QUESTIONS FIRST? MR. CHAIRMAN? I, I THINK WE ADDRESSED EVERYTHING. 
          UM, ARE YOU GUYS SATISFIED? GOOD. 
          YEAH, LET'S GO WITH THE QUESTIONS. 
          YEAH, WE, WE ACCEPT QUESTIONS NOW AT THIS POINT. 
          OKAY, VERY GOOD. 
          THANK YOU. 
          ALRIGHT. 
          UM, WHO WANTS TO START, MS. DAVIS? ALL RIGHT, I HAVE SOME QUESTIONS ABOUT THE FENCE CONSTRUCTION. 
          SO WHEN DID, WHEN DID YOU START IN CONSTRUCTION OF THE FENCE? SAY IT WAS LIKE LATE? IT NEEDS TO BE, UH, WE'RE, WE'RE ASKING THE APPLICANT. 
          YES, SIR. 
          OKAY. 
          IF YOU DON'T KNOW THE ANSWER, THEN WE'LL GO TO SOMEONE ELSE. 
          SHE'S ASKING THE APPLICANT. 
          I DON'T KNOW THE ANSWER OFF THE TOP OF MY MIND, BUT I CAN PULL UP A TEXT MESSAGE AND FIND IT PRETTY QUICK. 
          UM, BUT APPROXIMATELY MID TO LATE NOVEMBER OF 2025. 
          OKAY. 
          I'M LOOKING FOR THE DATE YOU STARTED CONSTRUCTION. 
          UM, THE, THE DATE YOU FINISHED CONSTRUCTION ON THE FENCE MM-HMM . 
          AND WHEN YOU FOUND OUT THAT NO PERMIT HAD BEEN ISSUED. 
          OKAY, SO I'M LOOKING FOR THOSE THREE DATES. 
          YES, MA'AM. 
          DO YOU, WOULD YOU MIND IF I TOOK A LOOK AT MY PHONE REAL QUICK? I DON'T, NO. 
          OKAY. 
          YOU LOOKING THIS UP TOO? OKAY. 
          I HAVE, UH, JANUARY 16TH IS WHEN, UH, LONE STAR FENCE DID TEXT ME BACK WITH ALL THE INFORMATION, UH, PERTAINING TO, UH, NEEDING A VARIANCE OR SOME TYPE OF ADJUSTMENT GOING THROUGH THE BOARD OF ADJUSTMENTS. 
          UM, THAT WAS ON FRIDAY, JANUARY 16TH IS WHEN HE, HER FIRST QUESTION WAS, WHEN DID THE FENCE BEGIN? CONSTRUCTION? YES, SIR. 
          I'M WORKING BACKWARDS HERE. 
          OKAY. 
          JUST, UH, PAR FOR THE COURSE. 
          IT REALLY ISN'T, BUT, UM, BEAR WITH ME. 
          THAT'S A LOT. 
          ASHLEY, NOVEMBER 11TH, 2025. 
          YEAH, THAT'S WHAT I HAVE AS WELL. 
          UH, SO NOVEMBER 11TH, UH, 2025, UH, DO HAVE CONFIRMATION THAT THE FENCE WAS COMPLETED. 
          UH, IT TAKES ABOUT TWO DAYS TO BUILD A FENCE. 
          SO, UH, NOVEMBER 8TH, NOVEMBER 9TH IS WHEN IT STARTED. 
          UH, NOVEMBER 11TH IS WHEN IT WAS COMPLETED. 
          UH, CITATION FROM THE CO COMPLIANCE WAS 1223, AND THEN THE CITATION FROM THE CO COMPLIANCE WAS 1223 THAT PERMITTED YEP. 
          THAT PERMITTED BE PULLED. 
          UM, AND SO THAT WAS OBVIOUSLY RIGHT AROUND THE HOLIDAYS. 
          UM, ALL THIS INFORMATION WAS COMMUNICATED TO 
          [00:50:01]
THE FENCE CONTRACTOR. 
          UM, AND THEN BY THE TIME HE SUBMITTED FOR THE APPLICATION FOR THE PERMIT, UM, TWO WEEKS LATER IS WHEN WE HEARD BACK. 
          AND THAT WOULD'VE BEEN JANUARY 16TH. 
          W WHEN THE, UM, CO WHEN THE FENCE CONTRACTOR FOUND OUT ABOUT THE MISTAKE, DID HE OR SHE, UH, OFFER TO COME BACK AND REDO THE FENCE TO MAKE IT COMPLIANT? WELL, YOU KNOW, IN, IN MY WORLD, UM, MISTAKES ARE MADE. 
          UH, THEY ARE, YOU KNOW, WE'RE BUILDING RESIDENTIAL NEW CONSTRUCTION, SO THINGS HAPPEN. 
          UH, I'VE GOT A LONGSTANDING RELATIONSHIP WITH PABLO. 
          UM, SO I'M SORRY, CAN YOU ANSWER THE QUESTION? YES, MA'AM. 
          I THINK HE'S BEING HELPFUL. 
          I DON'T KNOW IF HE'S FLAT OUT SAID HE WILL REPLACE ANYTHING. 
          UM, BUT I THINK HE IS BEING HELPFUL IN THE FACT THAT IF IN FACT SOMETHING DOES NEED TO BE MODIFIED, HE WILL, I'M USING LOOSE TERMINOLOGY HERE, TAKE CARE OF IT. 
          UM, BUT IT IS, IT IS SOMETHING THAT HIM AND I WILL HAVE TO SPEAK ABOUT. 
          OKAY. 
          UH, I, I'M ASKING, I I'M JUST TRYING TO GET A FEEL FOR WHAT HAPPENED AND THIS, THIS WILL NOT DIRECT MY DECISION, BUT IT AFFECTS YOUR CREDIBILITY. 
          YES, MA'AM. 
          IT AFFECTS MY PERCEPTION OF YOUR CREDIBILITY. 
          YES, MA'AM. 
          SO UNFORTUNATELY, I'M HEARING A LOT OF EXCUSES. 
          SO AND SO LEFT THIS HAPPENED. 
          I MEAN, WHAT IT COMES DOWN TO IS YOU NEED TO MAKE SURE THAT YOUR CONTRACTOR UNDERSTANDS THE, THE REQUIREMENTS, THE RESTRICTIONS, EVERYTHING ELSE. 
          YES, MA'AM. 
          SO, AND THE CRITERIA IS WHETHER OR NOT IT ADVERSELY AFFECTS NEIGHBORING PROPERTY. 
          AND THAT'S GONNA BE GUIDING MY DECISION. 
          UM, IN ADDITION TO UNFORTUNATELY NOT PUTTING A LOT OF WEIGHT ON THE SUPPORT THAT YOU'VE GOTTEN BECAUSE IT'S, UH, UH, YOUR CREDIBILITY IN, IN MY OPINION, JUST IS NOT THERE. 
          SO THAT'S, THAT'S GUIDE, THAT IS WHAT IS GUIDING MY DECISION AND THE FACT THAT THE VIDEO THAT WE SAW, I DID NOT SEE A LOT OF OFFENSES ON THAT STREET. 
          SO THAT IS WHERE I AM AT RIGHT NOW AND THAT'S WHY I WANTED TO ASK THE QUESTION. 
          SO THANK YOU. 
          OKAY. 
          WELL, YES, MA'AM. 
          AND I, I UNDERSTAND, UH, YOUR POINT OF VIEW AND AS A GENERAL CONTRACTOR FOR THIS HOUSE, YOU KNOW, ULTIMATELY THIS IS MY RESPONSIBILITY, UM, NOT GAINING THE PROPER PERMIT IN THE ORDER THAT IT SHOULD HAVE BEEN, UM, GIVEN TO ME THAT THAT IS WHY WE'RE HERE TODAY AS, UH, MR. CHAIRMAN, UH, LAID IT OUT FOR US. 
          SO I UNDERSTAND THE SITUATION. 
          REPUTATION IS, IS MY BIGGEST THING. 
          UM, YOU KNOW, YOU COULD TALK TO THESE GUYS. 
          WE, WE ONLY BUILD IN LAKE HIGHLANDS. 
          I DON'T BUILD IN LAKEWOOD. 
          I DON'T BUILD IN PRESTON HOLLOW. 
          WE LIVE IN LAKE HIGHLANDS, WE BUILD IN LAKE HIGHLANDS. 
          AND YOU KNOW, WE DON'T MARKET, WE DON'T ADVERTISE. 
          WE ARE A BOUTIQUE HOME BUILDER. 
          AND SO WORD OF MOUTH AND REPUTATION IS WHAT I BUILT MY BUSINESS ON. 
          UM, WITHOUT THAT, YOU KNOW, I'M JUST, I'M ON THE STREETS, SO I, I DON'T WANT YOU TO THINK THAT WE'RE TRYING TO PULL A QUICK ONE HERE OR SKIRT THE SYSTEM. 
          THAT IS NOT THE CASE AT ALL. 
          WE SIMPLY DROP THE BALL. 
          UM, HOWEVER IT HAPPENED, YOU KNOW, CONSTRUCTION HAPPENS QUICK AND IT'S JUST, IT'S ONE THING THAT DIDN'T GET CHECKED OFF. 
          AND, YOU KNOW, HERE WE ARE SIX MONTHS LATER AND, YOU KNOW, TRYING EVERYTHING WE CAN TO, TO GET THIS FENCE. 
          YEAH. 
          THANK YOU. 
          I APPRECIATE YOU ACKNOWLEDGING THAT. 
          YES, MA'AM. 
          THANK YOU. 
          OTHER QUESTIONS, MR. ROGERS? MR. DALEY, CAN YOU KIND OF EXPLAIN TO THIS BOARD THE OVERALL SCENARIO OF THE CONSTRUCTION OF THE HOME? WAS THIS GROUND UP DEVELOPMENT A VACANT LOT BEFOREHAND? YES, SIR. 
          IT WAS A NEW CONSTRUCTION GROUND UP. 
          SO THERE WAS AN EXISTING HOME THERE, UM, THAT WAS DEMOLISHED AND THEN A BRAND NEW FOUNDATION, UH, BRAND NEW HOUSE WENT UP. 
          SO TO YOUR KNOWLEDGE, I GUESS WHEN THERE WAS AN EXISTING STRUCTURE THERE, WAS THERE ALSO AN EXISTING FENCE THERE? THERE WAS, AND IT WAS ALMOST IN THE EXACT SAME FOOTPRINT OUTLINE AS AS WHAT IS THERE NOW. 
          AND CAN YOU TESTIFY TO MAYBE THE HEIGHT OF THAT EXISTING FENCE AT THE TIME? AM AM I ALLOWED TO ASK? I WE CAN PULL UP. 
          YES, YOU CAN. 
          YOU'RE UNDER OATH. 
          YES, SIR. 
          UH, BUT YES, YOU'RE ALLOWED TO ASK, SO DON'T TESTIFY TO SOMETHING YOU'RE NOT SURE OF. 
          CORRECT. 
          WE, UH, JUST TELL US THAT TO, TO HIS QUESTION. 
          BUT WE, WE CAN PULL UP, UM, IMAGES FROM WHEN IT WAS ON THE MLS, UM, AND WE CAN LOOK AT WHAT WAS THERE BEFORE. 
          UM, I KNOW THAT THE GARAGE AND DRIVEWAY WERE IN A DIFFERENT LOCATION, HOWEVER, THERE WAS A FENCE IN THAT APPROXIMATE SPOT, UM, GIVE OR TAKE A COUPLE FEET, BUT WITHIN THAT APPROXIMATE LOCATION, YES, SIR. 
          MR. OVITZ. 
          SO, UH, IN THE IMAGES OF THE NEIGHBORHOOD, I REALLY CAN'T SAY I SAW 
          [00:55:01]
A LOT OF FENCES THAT WERE 10 FOOT FENCES. 
          UM, AND IN FACT, AT THIS BOARD, IN MY EXPERIENCE, 10 FOOT FENCES ARE A PRETTY BIG ASK. 
          UM, NOW WE'RE TALKING ABOUT AFTER LOOKING AT THE NEIGHBORHOOD, IT'S, IT'S A NEIGHBORHOOD OF, UH, MODERATE SIZED HOMES ON MODERATE SIZED LOTS. 
          AND FRANKLY, A 10 FOOT FENCE SEEMS VERY OUTTA PLACE AS I LOOK AT THE PHOTOS FROM THE NEIGHBORHOOD. 
          SO, UM, IT WOULD'VE BEEN HELPFUL TO SEE WHERE YOU MEASURED SOME FENCES IN THE IMMEDIATE NEIGHBORHOOD AT 10 FEET AND SHOWED US THAT, UH, IF THEY ARE IN FACT THERE, UM, IT'S NOT THE SAME AS AN EIGHT FOOT FENCE BUILT ON A BERM. 
          UM, THAT'S AN EIGHT FOOT FENCE, NOT A 10 FOOT FENCE. 
          UM, I'M ALSO A LITTLE, UH, AS WAS MENTIONED, I'M ALSO A LITTLE, UH, DISAPPOINTED IN YOUR SEEMING TO AVOID YOUR RESPONSIBILITY AS THE GENERAL CONTRACTOR IN THIS. 
          UM, BUT WAS, WAS THERE EVER A FILING, I KNOW A PERMIT WAS NEVER RECEIVED. 
          WAS THERE EVER A FILING MADE FOR A PERMIT? YES, SIR. 
          BEFORE THE FENCE WAS BUILT? NOT BEFORE THE FENCE WAS BUILT. 
          SO AFTER THE FACT, AFTER THE FACT. 
          WELL, IF I COULD JUST CLARIFY REALLY QUICK. 
          SO, AND I, I MENTIONED IT IN MY STATEMENT. 
          THE SYSTEM THAT WE USED, UM, AS GENERAL CONTRACTORS TO GO FOR OUR PERMITS FOR NEW CONSTRUCTION, UM, THE SYSTEM THAT WE USED TO HAVE WAS WE WOULD GO DOWN TO JEFFERSON AVENUE OR JEFFERSON BOULEVARD, UM, SUBMIT A FULL SET OF PLANS TO THE CITY, SIT DOWN WITH A PHYSICAL PERSON, TOOK A COUPLE HOURS, THEY WOULD REVIEW IT, ANY ADJUSTMENTS THAT NEEDED TO BE MADE, THEY WOULD TELL US. 
          UM, AND THEN YOU WOULD GET THE RUBBER STAMP AT THAT POINT. 
          THE, THE NEW SYSTEM NOW IS YOU JUST SUBMIT IT ONLINE AND THINGS JUST GO THROUGH AND THEN 2, 2, 3 DAYS LATER, YOU RECEIVE AN EMAIL NOTIFICATION THAT YOU'VE BEEN APPROVED OR DECLINED. 
          UM, SO WHAT I'M SAYING IS WHEN WE GO FOR OUR PERMITS, IT ENCOMPASSES ALL TRADES. 
          SO ELECTRICAL, MECHANICAL, HVAC, CONCRETE FENCE, UM, ON THE NEW SYSTEM, I NO HA NO LONGER HAVE ACCESS TO WHAT OTHER CONTRACTORS ARE DOING. 
          AND I'M NOT PASSING THE BUCK HERE. 
          I'M NOT TRYING TO DEFLECT AND NOT TAKE A RESPONSIBILITY. 
          I'M THE GENERAL CONTRACTOR. 
          ULTIMATELY IT'S MY RESPONSIBILITY, BUT WHAT THE MESSAGE I'M CONVEYING IS IT IS, IT'S VERY DIFFICULT ON THE NEW SYSTEM FOR ME TO CH TO CHECK OTHER SUBCONTRACTORS TO MAKE SURE THAT THEY'VE DONE WHAT I'VE TOLD THEM TO DO. 
          SO IT IS, IT'S A CHALLENGE AND, UM, WE ARE WORKING THROUGH IT. 
          THERE'S APPARENTLY WAYS TO VALIDATE TRADES THAT I DIDN'T KNOW OF, BUT EVERY SINGLE TRADE MOVING FORWARD WILL BE VALIDATED. 
          NOW, I WOULD SUGGEST THAT YOU MAKE SURE YOUR SUBCONTRACTORS PROVIDE YOU WITH THE PERMITS BEFORE THEY START TO DO THE WORK. 
          ? YES, SIR. 
          UM, I DON'T HAVE ANYTHING FURTHER RIGHT NOW. 
          I HAVE QUESTIONS FOR MR. DILLARD, MR. OSORIO, MS. DELGADO AND MR. UBEN. 
          I'VE BEEN TAKING NOTES AS YOU GUYS HAVE SPOKE. 
          MR. DILLARD, LET ME BE CLEAR. 
          YES, SIR. 
          THE RESPONSIBILITY FOR COMPLYING WITH A LAW IS THE PROPERTY OWNER FIRST, LAST, ALWAYS, ALWAYS HAS BEEN, ALWAYS WILL BE, UNLESS THE STATE OF TEXAS CHANGES OTHERWISE, WE AS A BOARD, WHETHER IT'S THE BOARD OF ADJUSTMENT OR WHETHER IT'S THE PLANNING COMMISSION OR THE LANDMARK COMMISSION OR CITY COUNCIL, RESPOND TO THE PROPERTY OWNER. 
          THAT'S NOTHING AGAINST A TENANT. 
          THAT'S NOTHING AGAINST A CONTRACTOR. 
          THAT'S NOTHING AGAINST, UH, A PERSON OF ADV ADVOCACY FOR AGAINST LAND USE QUESTIONS OR A FUNCTION OF THE PROPERTY OWNER. 
          SO WE'VE, WE ZERO IN ON THE PROPERTY OWNER, THAT'S BY STATE LEGISLATURE AND BY A RULES OF PROCEDURE. 
          SO I HEAR, I'M, I HEAR YOU WHEN YOU SAY IT'S YOUR RESPONSIBILITY, AND THEN YOU SAID IT WAS YOUR FENCE CONTRACTOR'S RESPONSIBILITY, AND I HEAR ALL THAT, BUT REALLY IT'S THE PROPERTY OWNER, IT IS START TO FINISH. 
          THE PROPERTY OWNER MAKES THE DECISION TO HIRE WHOEVER HE OR SHE WANTS TO AS A GENERAL CONTRACTOR WHO DELEGATES TO A SUBCONTRACTOR AND SO FORTH. 
          IT'S THE PROPERTY 
          [01:00:01]
OWNER. 
          UM, IT IS UNFATHOMABLE TO ME THAT IF YOU ARE THIS GENERAL CONTRACTOR THAT SPECIALIZES IN LAKEWOOD AND LAKE HIGHLANDS, VERY NICE NEIGHBORHOODS THAT YOU COULD MISS SOMETHING AS THIS IN YOUR FACE. 
          YEAH. 
          IN THE VIDEOS THAT WE SAW AND THE PICTURES WE SAW, THIS IS A GORGEOUS FENCE, BUT IT'S TOTALLY OUTTA PLACE WITH EACH AND EVERY STREET AND BLOCK THAT WE SAW. 
          I DON'T KNOW HOW A GENERAL CONTRACTOR WHEN DELEGATING DOWN TO A SUB COULD SEE 10 FEET ON A HIKE DIMENSION WITH A OR EIGHT FEET ON A TWO FOOT FOOTER AND NOT SAY THAT'S 10 FEET AND GO, HOW OFTEN DO I BUILD A 10 FEET FENCE IN THE CITY OF DALLAS? LET ME TELL YOU, RARELY. 
          SO IF YOU ARE THIS EXPERIENCED PERSON, THERE'S A DISCONNECT, WHICH YOU I'M GOING TO THE PROPERTY OWNER IN A MINUTE. 
          OKAY. 
          UM, TO SAY THAT YOU SHOULD HAVE CHECKED WITH YOUR SUBCONTRACTOR GOES BACK TO MR. HOKA. 
          IT'S QUESTION AS IT RELATES TO WHY DIDN'T YOU AS A PART OF YOUR ORDINARY COURSE OF BUSINESS, GET ME THE PERMITS BEFORE YOU PROCEED? I DON'T UNDERSTAND THAT I'M NOT IN THE CONSTRUCTION BUSINESS. 
          UM, BUT AS I'VE SAID TO OTHER APPLICANTS HERE WE'RE PROPERTY OWNERS, WE'RE CITIZENS, RESIDENTS, VOTERS IN DALLAS, TAXPAYERS. 
          SO WE'RE FROM THROUGHOUT THE CITY. 
          WE'RE NOT IN ONE POCKET WITH ONE PROFESSION, WE'RE NOT PROFESSIONALS AT THIS. 
          WE'RE AVERAGE CITIZENS. 
          BUT NONE OF THIS MEETS THIS MAIL TEST. 
          UM, YOU SAID, AND AGAIN, I WROTE DOWN WHAT EACH PERSON SAID, SO I'M COMING BACK TO YOU SAID YOU CHANGED THE VISIBLY TRIANGLES AFTER THEY WERE BUILT BECAUSE OF WHAT YOU NOTICED. 
          WE HEARD THIS MORNING FROM OUR STAFF THAT THE VISIBILITY TRIANGLE IN THE NEAR THE ALLEY AND THAT VEGETATION THERE WAS CHANGED OUT WHEN THEY CAME TO THE PROPERTY. 
          WHICH IS IT? SO WHEN PABLO CAME OVER, WHEN WE ORIGINALLY, WHO, WHO, I DON'T KNOW WHO PABLO IS. 
          I'M SORRY. 
          PABLO IS THE, UH, SUBCONTRACTOR, HE'S THE OWNER OF LONE STAR FENCE. 
          OKAY. 
          HE'S NOT HERE TODAY. 
          NO, SIR. 
          I CAN ANSWER THAT QUESTION, CHRIS. 
          OKAY. 
          MY QUESTION GOES TO, YOU SAID YOU CHANGED BECAUSE YOU CHANGED THE, THE AREAS OF THE TRIANGLES BECAUSE OF WHAT YOU SAW THIS MORNING. 
          WE HEARD TESTIMONY FROM OUR STAFF. 
          THAT WAS THE STAFF THAT SAID, YOU KNOW, ON THE CORNER THERE, THAT'S IN THE VISIBILITY TRIANGLE AND ON THE ALLEY IT'S INVIS, WHICH IS IT? I'M CONFUSED. 
          YES, SIR. 
          I'M SORRY. 
          GO AHEAD. 
          PARDON ME. 
          YEAH, SO I, UH, I ADDED LANDSCAPING JUST TO MAKE IT MORE BEAUTIFUL ON THE CORNERS. 
          IT WAS. 
          AND THEN ONCE I FOUND OUT FROM DIANA THAT, HEY, YOU CAN'T HAVE FOUND OUT FROM WHOM DIANA DIANE, UH, BARKUM IS ON OUR STAFF. 
          SO WHEN SHE TOLD ME, WELL, YOU CAN'T HAVE ANY LANDSCAPING THERE, AND THAT, THAT'S WHEN I MADE THE DECISION. 
          OKAY, WELL, I'LL TEAR DOWN THE LANDSCAPING. 
          YOU TESTIFIED THIS MORNING THAT YOU GUYS CHANGED IT BASED ON YOUR DEAL, NOT THE FEEDBACK FROM THE STAFF. 
          SO THIS IS VERY MUCH AFTER THE FACT IS MY POINT. 
          THIS GOES TO THE PERMITTING ISSUE VERY MUCH AFTER THE FACT. 
          SO CAN I? YES, PLEASE. 
          OKAY. 
          SO WHEN, WHEN PABLO WAS LAYING OUT THE, WHEN WE WERE LAYING OUT THE OUTLINE, PABLO IS YOUR FENCE SUBCONTRACTOR? YES, SIR. 
          SO IF YOU LOOK AT THE ORIGINAL SET OF APPROVED PLANS WITH THE CITY OF DALLAS, UM, IF YOU PULL UP THAT ORIGINAL SITE PLAN, DID IT HAVE A 10 FOOT FENCE IN IT? THERE IS A OUTLINE OF A FENCE. 
          I DON'T BELIEVE IT'S A 10 FOOT FENCE. 
          AND THIS ISN'T A 10 FOOT FENCE. 
          UM, WE KEEP SAYING THAT, UM, IT IS AN EIGHT, IT'S A TWO FOOT FOOTER AND A EIGHT FOOT FENCE ON TOP OF THAT. 
          AND, BUT I THINK THE CITY MEASURES THAT AS 10. 
          OKAY. 
          SO, AND I'M LEARNING SOMETHING NEW TODAY BECAUSE FROM WHAT I'VE UNDERSTOOD, IF IT'S NOT A MONOLITHIC SYSTEM, IT'S TWO SEPARATE, UM, IT'S TWO SEPARATE THINGS. 
          WELL THEN IT'S AN EIGHT FOOT FENCE, BUT OUR CALCULATE THE FENCE CASES WE SEE EVERY MONTH AND 232 LAST YEAR. 
          I KNOW IT'S, IT'S TOTAL MEASUREMENT. 
          YOU DO IT FROM THE GRADE, OBVIOUSLY, SIR, YOU'RE, YOU'RE WELL MORE, WELL MORE VERSED IN THIS THAN I AM AS FAR AS THE, UM, TECHNICALITIES OF IT. 
          UM, WHEN WE, WHEN WE LOOK AT THE SITE PLAN AT THE CORNER OF THE ALLEY, SO AT, AT THE ALLEY AND LEE SIDE, THE SOUTHWEST CORNER OF THE PROPERTY ON THE SITE PLAN, THERE IS NO VISIBILITY TRIANGLE THAT WAS APPROVED THROUGH THE CITY OF DALLAS. 
          SO IT'S, IT'S A 90 DEGREE ANGLE AT THE CORNER OF THE ALLEY AND LEE SIDE. 
          WHEN 
          [01:05:01]
WE WERE LAYING OUT THE FENCE, PABLO ADVISED US AND WE TOOK HIS, WE TOOK THAT AND WE TRIED TO MAKE IT TO WHERE IT WAS A VISIBILITY TRIANGLE THAT WOULD WORK. 
          UM, NOW I KNOW WE'VE SINCE GONE BACK AND MODIFIED, BUT I, I DON'T, I'M, I'M NOT, I'M A VERY HONEST PERSON AND I'M VERY NERVOUS BEING UP HERE, BUT I'M AN EXTREMELY HONEST PERSON AND I'M NOT TRYING TO, TO DO ANYTHING LIKE THAT AGAINST THE CITY. 
          SO THAT THAT IS THE REASON WHY THAT WE SAY WE CHANGED THINGS. 
          UM, IT WAS ON, AT THE ADVISEMENT OF OUR FENCE CONTRACTOR. 
          YOU, YOU MENTIONED MR. DILLARD, THAT THE DALLAS NOW SYSTEM ACCESS WAS DIFFICULT AND THAT YOU HAD TO DO THINGS ONLINE. 
          I, I KNOW THE CITY WENT THROUGH THE CHANGES. 
          UM, I DOUBT SERIOUSLY IF A GENERAL CONTRACTOR OR A PROPERTY OWNER WENT TO JEFFERSON IN THE OLD WAY, AND I'VE BEEN TO JEFFERSON A GAZILLION TIMES MM-HMM . 
          AND WENT TO THE PERMIT ER AND SAID, I NEED TO TALK TO A HUMAN BEING CORRECT, THEY WOULD SAY, NO, I'M SORRY. 
          I, I, I GOTTA BELIEVE THERE'S STILL A HUMAN CONNECTION. 
          SO, AND IF THAT IS NOT WORKING, THEN YOU NEED TO TALK TO YOUR COUNCIL MEMBER. 
          AND IT'S KATHY STEWART IS YOUR CITY COUNCIL MEMBER. 
          TALK TO CA UH, KATHY, YOU NEED TO TALK TO MS. STEWART. 
          YES, SIR. 
          AND LET HER BE YOUR ADVOCATE IF YOU'RE SAYING YOU CAN'T GET TO HUMAN BEING AT, AT PLANNING AND DEVELOPMENT ON MUCK. 
          SO I, I FIND THAT'S A LITTLE BIT OF A STRETCH SAYING THAT THE REASON YOU DIDN'T GET THE PERMIT WAS BECAUSE YOU HAD A HARD TIME INPUTTING IT IN THE SYSTEM. 
          I ASKED YOU EARLIER ABOUT WHETHER THE, YOU SAID THAT YOU, YOU THOUGHT IT WAS STRANGE THAT YOU COULDN'T PUT ALL TRADES IN, BUT YET WHEN I ASKED YOU ABOUT THE FENCE, YOU SAID IT WASN'T NECESSARILY ON THE PLANS YOU SUBMITTED. 
          I DON'T KNOW WHICH ONE IT IS. 
          I APOLOGIZE. 
          REPEAT THAT ONE MORE TIME. 
          YOU SAID BEFORE MM-HMM . 
          THAT YOU WERE FRUSTRATED WITH THE DALLAS NOW SYSTEM, THAT YOU COULDN'T SUBMIT PLANS AND THAT YOU USED TO SUBMIT PLANS IN PERSON WITH ALL TRADES. 
          YES, SIR. 
          AND THEN YOU ALLUDED TO A LINE ON THE PLANS THAT, I DON'T KNOW IF IT REFERS TO THE FENCE OR NOT, BUT IT WOULD'VE HAD ELEVATIONS NOW IF INDEED THE PROFESSIONAL STAFF AT THE CITY MADE A MISTAKE AND APPROVE PLANS ON AN ELEVATION FOR 10 FEET, YOU GOTTA TELL US. 
          NO, SIR. 
          AND THEN WE WILL ADJUDICATE THAT WITH VIGOR, BECAUSE THAT'S NOT FAIR TO A PROPERTY OWNER. 
          YES, SIR. 
          AS MR. KOVI SAID, THERE ARE NOT MANY 10 FOOT FENCES IN THE CITY OF DALLAS. 
          AND WE REALLY ZOOM INTO THAT. 
          LIKEWISE, I'M SCRATCHING MY HEAD ABOUT YOUR FENCE CONTRACTOR, HOW HE OR SHE OR HIS COMPANY COULD THINK WOW. 
          A 10 FOOT FENCE THAT'S HIGHLY UNUSUAL THROUGHOUT OUR SEVEN FIVE NEIGHBORHOODS. 
          AND I AGREE THAT IT JUST, THAT'S SO, OKAY. 
          SO I WOULD STRONGLY URGE YOU TO TALK TO MS. STEWART OR YOUR COUNCIL MEMBER, WHEREVER IN THE CITY YOU LIVED AND SPEAK TO THEM ABOUT THE DALLAS NOW SYSTEM. 
          IT IS NEW. 
          IT'S MEANT TO BE MORE ONLINE GENERATED, BUT I CANNOT BELIEVE THE DIRECTOR OF PLANNING AND DEVELOPMENT, EMILY LOU, WOULD SAY THAT HER STAFF PUSHES PEOPLE AWAY FROM THE COUNTER. 
          THAT'S WHAT THEY CALL THE PERMIT COUNTER AT MACH. 
          IF YOU HAD QUESTIONS ON PLANS. 
          OKAY. 
          YES, SIR. 
          THANK YOU, SIR. 
          MR. ARIO, PLEASE. 
          NO, I WAS JUST GONNA, NO, I'M, I HAVE QUESTIONS FOR YOU. 
          OH, OKAY. 
          IT'S MY TURN. 
          SURE. 
          YOU SAID HOUSES ARE NEARBY YOU WITH SIMILAR FENCES? YES, WE DID. 
          WE, NO, WE DON'T LIVE THERE. 
          WE, WE JUST SAW PICTURES. 
          WE ASKED OUR PROFESSIONAL STAFF STAFF, WHAT DID THEY SEE? WE DIDN'T SEE ANY 10 FOOT FENCES. 
          WELL, WELL, THE AREA WE LIVE BY IS WHITE ROCK AREA. 
          YES. 
          AS YOU KNOW, IT'S VERY HILLY OVER THERE. 
          BUT YOUR AREA IS VERY FLAT. 
          WHAT WAS THAT? YOUR STREET IS FLAT LAKE. 
          LAKE STREET IS FLAT. 
          MY STREET, MY STREET IS VERY FLAT. 
          LEE SIDE IS FLAT, CORRECT. 
          MY STREET. 
          THAT'S WHAT WE'RE TALKING ABOUT. 
          OKAY. 
          SO, BUT EVEN WITHIN WALKING DISTANCE OF MY PROPERTY, THERE'S A LOT OF HOMES WHERE THEY HAVE TALLER FENCES THAN EVEN 10 FEET. 
          YOU SAID YOU SAID 10 FEET, EIGHT FEET, SIX FEET. 
          I HEARD THOSE THREE NUMBERS RIGHT. 
          THIS MORNING I GOT, I GOT SOME PHOTOS HERE OF OTHER, JUST A MINUTE, SIR. 
          YOU SAID 10, EIGHT AND SIX FEET. 
          OKAY. 
          PEOPLE CAN DO FENCES IN THEIR SIDE YARDS, BUT NOT IN THE FRONT YARD SETBACK OR BLOCKING BLOCK FACE CONTINUITY. 
          SO SOME OF THE PICTURES YOU SHOWED US MM-HMM . 
          WERE FENCES, BUT THEY ARE IN THE SIDE YARD, BUT NOT BLOCKING BLOCK FACE CONTINUITY. 
          SO, BUT AGAIN, I DIDN'T SEE ANY EIGHT OR 10 FEET FENCES, BUT I WAS JUST ONE SET OF EYES. 
          UM, THERE, THERE ON ONE OF THE PACKETS I SUBMITTED, THERE'S AT LEAST TWO OF 'EM WITHIN THAT 
          [01:10:01]
KIND OF BLOCK RADIUS. 
          I DON'T KNOW IF YOU GUYS HAD A CHANCE TO LOOK AT THIS, THIS MAP OVER HERE. 
          UH, I BELIEVE THIS TWO RIGHT HERE HAVE A, A FENCE THAT I DIDN'T PULL MY TAPE TO IT. 
          I DIDN'T REALIZE I HAD TO DO THAT. 
          BUT I, I CAN GO BACK AND, AND PULL SOME TAPE ON IT. 
          AS YOU CAN SEE, THAT'S THE, THE CONCRETE RETAINER WALL. 
          AND THEN YOU GOT THE FENCE ON TOP OF IT. 
          THAT'S ONE OF 'EM. 
          UM, THERE'S ANOTHER ONE THAT CAN GO BACK AND, AND PULL MY TAPE ON IT AS WELL. 
          IT HAS THE CONCRETE RETAINER WALL RIGHT HERE, AND IT HAS THE FENCE ON TOP OF IT. 
          MM-HMM . 
          AND THAT'S WITHIN, I WILL SAY, A BLOCK DOWN MY HOUSE AS YOU GO FARTHER DOWN INTO, AWAY FROM MY HOUSE, IT'S STILL WALKING DISTANCE. 
          I MEAN, THERE, THERE ARE HOMES WITH HIGH RETAINER WALLS WHERE THE FENCE, I MEAN, THAT'S PROBABLY 20 FEET. 
          I DON'T KNOW WHAT IT IS. 
          I NEED TO GO PULL A TAPE ON IT AND, AND SO FORTH. 
          SO, UH, HERE'S A NEW BILL TOO. 
          THAT'S A SIDE YARD FENCE. 
          YEAH. 
          THAT, THAT'S, THAT THEY, THAT'S AN APPLES AND ORIGIN ORIGINS COMPARISON. 
          OKAY. 
          WELL, I, I MISSED FOR, THERE IS NO QUESTION THAT YOUR HOME IS BEAUTIFUL. 
          THE DRIVE UP IS BEAUTIFUL, BUT THEN THERE'S THIS 10 YARD THING HOVERING IN THE SIDE YARD, AND IT'S LIKE, WOW. 
          HOW DID THAT GET THERE? THANK YOU, MS. DELGADO, PLEASE. 
          YES. 
          COME UP HERE. 
          ARE YOU THE PROPERTY OWNER AS WELL? YES. 
          OKAY. 
          YOU'RE, YOU'RE MARRIED? YES. 
          OKAY. 
          VERY GOOD. 
          I ABSOLUTELY SIGN ON TO YOUR PASSION FOR SAFETY, FAMILY, COMMUNITY, AND CHILDREN. 
          THAT'S WHAT YOU SAID. 
          MM-HMM . 
          ABSOLUTELY, TOTALLY GET THAT. 
          I HAVE TWO KIDS. 
          THEY'RE GROWN. 
          THEY'RE AWAY. 
          THEY DON'T COME VERY OFTEN. 
          BUT WE HAVE A BACKYARD. 
          IT'S FENCED. 
          WE WANT A SECURE PLACE FOR OUR KIDS AND TWO GRANDCHILDREN THAT ABSOLUTELY. 
          BUT OUR CODE BUILDING CODE AND DEVELOPMENT CODE IN THE CITY OF DALLAS SAYS THERE ARE STANDARDS AND THE STANDARD FOR OFFENSE IS FOUR FEET. 
          AND THEN IF YOU WANT IT TO BE SOLID, IT HAS TO GET ADDITIONAL APPROVAL. 
          IT'S BECAUSE THE CITY WANTS THE SECURITY, THE SAFETY FOR FAMILY IN NEIGHBORHOODS. 
          SINGLE FAMILY. 
          ABSOLUTELY. 
          BUT THERE ARE BOUNDARIES TO THAT. 
          YOU CAN ACHIEVE ONE, I BELIEVE CITY COUNCIL, THEY MAKE THE DECISION. 
          THEY SAID FOUR FEET FENCES PROVIDES THAT, THAT SAFETY COMMUNITY FOR CHILDREN. 
          THAT, THAT THEY SAY IF YOU WANT MORE THAN THAT FIVE FEET OR FOUR FEET, ONE INCH OR OTHERWISE, YOU NEED TO COME TO THE BOARD OF ADJUSTMENT AND PROVE THAT IT'S NOT ADVERSE TO SURROUNDING PROPERTIES. 
          WHICH IMPLIES CONSISTENT WITH NOT IN BRU, UH, INTRUSIVE OF, UM, YOU SAID THERE WAS PATIENCE DURING CONSTRUCTION. 
          YOUR NEIGHBORS GAVE YOU PATIENCE. 
          I, I MM-HMM . 
          YOU WILL. 
          I DON'T. 
          I THANK THEM FOR THEIR PATIENCE. 
          YES, ABSOLUTELY. 
          DOES THAT INCLUDE DURING THE CONSTRUCTION OF THE FENCE? 'CAUSE I THINK THAT'S WHAT RALLIED RILED YOUR NEIGHBORS WHEN ALL OF A SUDDEN THEY LOOKED UP AND SAW A FENCE. 
          THAT, THAT'S SOME OF THE EMAILS THAT WE RECEIVED. 
          IT WAS DURING CONSTRUCTION THAT YOU RECEIVED THE EMAILS. 
          YES. 
          IT WAS NOT AFTER THE, THE BOARD, THE POST THE WAS HAD, THE SIGN HAD GONE ON THE FRONT OF THE HOME. 
          UNDERSTOOD. 
          AND AGAIN, I'M NOT TAKING AWAY FROM HOW BEAUTIFUL YOUR HOME IS AND HOW YOU TOOK PROBABLY THE PROPERTY VALUE HERE. 
          IT INCREASED THE PROPERTY VALUE HERE. 
          IT'S FABULOUS. 
          BUT BOY OH BOY, YOU WENT WAY OUTSIDE OF THE PERCEIVED NORMS WITHIN YOUR NEIGHBORHOOD. 
          CAN I PLEASE? THANK YOU. 
          UM, THERE'S TWO HOMES THAT ARE ON LIMB. 
          LIMB, BROOK AND LAURELWOOD. 
          THERE ARE TWO STREETS OVER. 
          THEY GOT THE VARIANCE TO DO THE BACKYARD ON THEIR SIDE YARD. 
          THEIR PROPERTY FENCE IS NEXT TO THE HOMES, NEXT TO THEM FRONT YARD. 
          SO THAT WOULD BE CONSIDERED THEIR FRONT YARD. 
          UM, WHEN I, WE HAD COME UP WHEN WE WERE DESIGNING THE HOME, AND I HAD SEEN THOSE TWO HOUSES WITH THE SAME, BUT THEY, I UNDERSTAND THAT THEY'RE EIGHT FEET AND NOT THE 10 FEET. 
          UM, THAT WAS THE IDEA AS TO WHY WE BUILT OUR HOME LIKE THAT. 
          ALSO, UM, THE, WHERE THEY WERE SAYING THAT THEY DIDN'T KNOW ABOUT THE BACKSIDE, ABOUT WAS THE FENCE. 
          EIGHT FEET. 
          THERE WAS A GARAGE RIGHT THERE. 
          UM, I MEAN, A GARAGE IS TALLER THAN EIGHT FEET. 
          AND THERE WAS A SLOPE TO GET THE CAR INTO THE GARAGE. 
          THAT WENT FROM THE STREET LEVEL UP. 
          THAT WAS WHAT CREATED THE SLOPE IN OUR BACKYARD. 
          THAT WOULD THE TWO FEET RETAINER WALL SO THAT WE COULD HAVE A FLAT BACKYARD. 
          UM, I WOULD GIVE THE COMPARISON TO YOUR PROPERTY, AS WE SAW IN THE VIDEOS BY OUR STAFF TO 1 0 5 1 8 LAKE MERE, 1 0 5 1 8 LAKE MERE. 
          IT IS TWO DOORS DOWN, TWO DOORS EAST OF YOU. 
          AND IT'S A SIMILAR CORNER LOT. 
          AND THEY PUT UP A FOUR FOOT FENCE. 
          THEY DID. 
          AND 
          [01:15:01]
IT LOOKED GORGEOUS. 
          AND YOU CAN SEE DOWN THE STREET, WHAT STREET IS THAT? UM, I WOULD LIKE LIVE SHIRE. 
          MM-HMM . 
          LEVEN SHIRE. 
          YES. 
          AND YOU, AND IF I REMEMBER THE VIDEO, AND IT LOOKS LIKE, AND I, IN FACT, DURING THE VIDEO PRESENTATION AND THE BRIEFING, I SAID, WOO, LOOK AT THAT. 
          THAT LOOKS LIKE THE EXACT SIMILAR HOUSES THERE. 
          BUT THEY COMPLIED WITH A FOUR FOOT FENCE. 
          I UNDERSTAND. 
          THEY ALSO HAVE AN ACTUAL BACKYARD WITH A POOL. 
          SO THAT GREEN SPACE THAT THEY HAVE ON THE SIDE WITH THEIR FOUR FOOT FRONT FENCE IS THEIR SIDE YARD. 
          UM, IN OUR CASE, THE, THE SPECIAL EXCEPTION OF LIKE THAT, IT'S OUR ACTUAL BACKYARD. 
          WE DON'T HAVE ANOTHER SIDE YARD OR AREA SPACE THAT'S GREEN THAT WOULD BE POSSIBLE FOR OUR FAMILY TO USE. 
          UM, 10 FEET SOLID. 
          I WOULD BE OPEN TO, OPEN TO SEMI-TRANSPARENT TO TAKING SOME OF THE, THE OPAQUENESS AWAY. 
          UM, I WOULD FEEL MORE COMFORTABLE HAVING A TALLER, HAVING LESS VISIBILITY INTO MY BEDROOM AND INTO MY LIVING SPACE WITH MY, WITH MY FAMILY. 
          UM, THAT GREEN SPACE ALSO, I, I, YOU KNOW, IT'S THE KIDS AND IT'S US TOO. 
          IT'S, YOU KNOW, THAT I, I DON'T HAVE ANYWAY. 
          YES. 
          CONTINUE. 
          I FEEL LIKE YOU'RE GONNA ASK ME ANOTHER QUESTION. 
          I AM. 
          BUT I WANT YOU TO FINISH. 
          UH, I THINK THAT'S, THAT'S ALL, THAT'S ALL I HAVE TO SAY ON, OKAY. 
          WELL, I, YOU KNOW, WE SIT HERE, DON'T, WE DON'T WANNA BE IN JUDGMENT, BUT WHAT WE'RE TRYING TO SAY IS, OKAY, WHAT DOES THE CITY COUNCIL SAY AS IT RELATES TO THE STANDARDS? WHAT IS IN THE NEIGHBORHOOD AND WHAT IS IT THAT THE PROPERTY? AND WE TRY TO DRAW A STRING THROUGH ALL THREE OF THOSE. 
          THAT'S WHAT WE TRY TO DO. 
          YES. 
          AND THIS STRING GOES UP TO 10 FEET AND IS SOLID AND BACK DOWN. 
          AND SO THAT'S THE COMPARISON THAT WE'RE LOOKING AT, AT THIS POINT IN TIME. 
          AND I, UH, SO THANK YOU MR. MR. UDIN. 
          YES, SIR. 
          UH, THANK YOU FOR COMING DOWN HERE. 
          YOU'RE A PROPERTY OWNER PAYS TAXES. 
          WE APPRECIATE THAT. 
          OF COURSE. 
          THAT'S WHAT PAYS FOR OUR ICED TEA AND, AND THAT SORT OF THING. 
          THANK YOU. 
          UM, YOU MENTIONED THAT YOU SAID, BUT PROBLEMS WITH PAPERWORK , YOU SAID, WELL, THERE MAY HAVE BEEN PROBLEMS WITH PAPERWORK. 
          UH, WE HAVE SEVEN, WE HAVE EIGHT CASES ON OUR DOCKET TODAY. 
          IF EVERY CASE WAS GIVEN IS GIVEN, UH, ASIDE FOR PROBLEMS WITH PAPERWORK , UM, I MISSPOKE MYSELF. 
          I HAVE NO IDEA ABOUT THE PAPERWORK PROBLEM. 
          I SHOULDN'T HAVE SAID THAT. 
          I, I'M JUST, I'M JUST TRYING TO, I, I LISTEN INTENTLY AND TAKE NOTES BECAUSE I WANNA MAKE SURE I'M HEARING WHAT THE PROPERTY OWNER IS SAYING AND IS 'CAUSE THE BURDEN IS ON THE APPLICANT. 
          UH, THE PROBLEM WITH THE PAPERWORK IS THE PROPERTY OWNER DIDN'T FILE ANY PAPERWORK. 
          JUST LIKE IF SOMEONE WAS TO BUY YOUR HOUSE. 
          IT'S, THE BURDEN IS ON THE BUYER AND THE SELLER TO HAVE THE RIGHT PAPERWORK. 
          UM, AS IT RELATES TO BEING ATTACKED BY NEIGHBORS OR BULLYING OR OTHER THINGS GOING ON IN THE NEIGHBORHOOD. 
          THAT IS NOT OUR ISSUE. 
          I CAN APPRECIATE THAT. 
          WE STAY AWAY FROM THAT. 
          I PROMISE YOU. 
          EACH MONTH WHEN WE COME TOGETHER, WE HEAR ALL SORTS OF STORIES. 
          AND OUR GOOD ATTORNEY RIGHT HERE WILL, WILL NUDGE ME AND SHE'LL SAY, MR. CHAIRMAN, WE REALLY SHOULDN'T BE TALKING ABOUT NEIGHBOR ON NEIGHBOR ISSUES. 
          'CAUSE THAT'S NOT PART OF WHAT THE CODE SAYS. 
          AND SO WE GO DOWN A RABBIT TRAIL A LITTLE BIT AND WE PULL BACK. 
          SO WE HAVE TO STAY OUT OF THAT WHEN WE GET LETTERS FROM PROPERTY OWNERS AND LOOK AT THIS, WHEN WE GET, WHEN GET FEEDBACK, WE TRY TO READ ALL OF IT BECAUSE WE WANT TO GIVE EVERYONE AN EQUAL CHANCE TO SPEAK THEIR MIND. 
          BUT AGAIN, WE'RE TRYING TO IGNORE THE NEIGHBOR, NEIGHBOR CONFLICT. 
          MM-HMM . 
          BUT DO THAT THREAD BETWEEN A, THE NEIGHBORHOOD, THE PROPERTY WE'RE TALKING ABOUT AND THE CITY CODE. 
          AND THAT'S THE THREAD WE'RE TRYING TO PUT TOGETHER. 
          I CAN APPRECIATE THAT. 
          AND I GUESS REALLY ALL I CAN SAY IS THAT THE FENCE POSES NO SAFETY ISSUE. 
          YOU CAN CLEARLY SEE, AND I'M FAMILIAR WITH THE HOUSE EAST OF THIS HOUSE ON THE CORNER, TWO, TWO HOUSES OVER. 
          I'M ABSOLUTELY FAMILIAR WITH IT. 
          AND, UM, HOW MUCH VISIBILITY DO YOU NEED? I MEAN, YOU CAN PULL UP TO THE FRONT OF THAT HOUSE SURE. 
          AND LOOK DOWN AND SEE DOWN THE STREET. 
          BUT IF YOU PULL UP A LITTLE FURTHER, YOU'RE STILL WELL CLEAR OF THE STREET. 
          YOU CAN STILL SEE DOWN. 
          WE DON'T SET THAT STANDARD. 
          THE CITY COUNCIL SETS THE STANDARD ON VISIBILITY, WHETHER IT BE CORNERS OR ALLEYS. 
          WE JUST ENFORCE THAT. 
          AND WE ARE VERY CAREFUL ABOUT VISIBLE TRIANGLES. 
          MM-HMM . 
          VERY CAREFUL ABOUT FENCE HEIGHTS AND OPACITY OFFENSES. 
          'CAUSE I THINK, BOY, I'M GONNA GET IN TROUBLE NOW. 
          I DON'T WANNA SPEAK FOR THE CITY COUNCIL, BUT THEY DON'T WANT TUNNELED STREETS. 
          THEY DON'T WANT STREETS WITH SINGLE FAMILY, WITH FENCES AGAINST FENCES THIS WAY. 
          SO THAT'S WHY THEY SET THE FOREFOOT RULE AND CLEAR IN THE FIRST 
          [01:20:01]
FIVE FEET. 
          AND THAT HAS BEEN THE RULE FOR 20 YEARS, 30 YEARS. 
          AS LONG AS, I MEAN, THAT FOUR FOOT DEAL HAS BEEN FOR A LONG TIME. 
          I CAN APPRECIATE THAT. 
          BUT THIS FENCE, JUST THE SAME, EVEN 20, 30 FEET SHORT OF THE STOP SIGN IS NOT BLOCKING ANYTHING. 
          OKAY. 
          IT BLOCKS THE BLOCK FACE CONTINUITY. 
          IF YOU LOOK DOWN SEASIDE, SEASIDE LEE SIDE, I APOLOGIZE. 
          IT BLOCKS THAT VIEW DOWN LEE SIDE. 
          CLEARLY WITH A BEAUTIFUL FENCE, SIR . 
          BUT IT BLOCKS APPRECIATE THAT CREATES, IT ELIMINATES THE BLOCK FACE CONTINUITY, WHICH IS ONE OF THE CONTOURS THAT WE TRY TO MAINTAIN IN A NEIGHBORHOOD TO THE APPLICANT, TO THE CITY COUNCIL STANDARD. 
          I WOULD ONLY ENCOURAGE YOU TO CONSIDER WHAT'S GOING ON IN MY NEIGHBORHOOD, WHICH IS THEY'RE, THEY'RE KNOCKING DOWN HOUSES. 
          YEP. 
          THEY'RE, THEY'RE PAYING 500,000 FOR A HOUSE AND KNOCKING IT DOWN AND PUTTING UP SOMETHING ELSE THAT IS, THAT IS HAPPENING THROUGHOUT DALLAS. 
          THESE PEOPLE NEED TO GET WITH IT. 
          THEY DON'T LIKE IT. 
          THAT IS THROUGHOUT DALLAS. 
          BUT THEY'RE DOING THAT OF WHAT YOU JUST SAY, CONSISTENT WITH THE RULES, WITH PERMITS GOING THROUGH THE PERMITTING PROCESS. 
          YES, SIR. 
          IF AN APPLICANT WOULD'VE GONE THROUGH THE PERMITTING PROCESS, THEY WOULD'VE BEEN HERE BEFORE ANYTHING WAS BILLED. 
          AND THEN YOU PLEAD YOUR CASE PROSPECTIVELY. 
          NOW, NOW WE AS A BOARD, DON'T DISMISS YOUR REQUESTS JUST BECAUSE YOU DIDN'T FILL A PERMIT. 
          BUT IT'S ALL PART OF THE TOTAL PICTURE THAT WE DEVELOP. 
          OUR CRITERIA IS THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          THAT IS WHAT WE'RE FOCUSED ON. 
          THANK YOU VERY MUCH. 
          YES, SIR. 
          MR. HAITZ, I WOULD JUST LIKE TO STATE THAT, UH, AT THE BEGINNING OF EVERY ONE OF OUR BOARD MEETINGS, THE CHAIRMAN MENTIONS THAT NO CASE SETS A PRECEDENT. 
          SO WHAT OTHER PEOPLE HAVE GOTTEN APPROVED IN THE PAST REALLY IS NOT, UH, SOMETHING THAT WE BASE OUR DECISION ON, ON THIS CASE. 
          IF THAT, IF, IF IT WERE WHERE THEY HAVE IT, SO I SHOULD HAVE IT, THEN EVERY STREET IN DALLAS WOULD HAVE 10 FOOT FENCES GOING DOWN BOTH SIDES OF THE STREET. 
          SO WE CAN'T MAKE OUR DECISIONS BASED ON WHAT SOMEONE ELSE WAS ALLOWED TO HAVE. 
          WE JUDGE EACH CASE ON ITS OWN MERITS WITH THE SPECIFIC CIRCUMSTANCES OF THAT PROPERTY LOCATION. 
          THANK YOU, MR. KOVI. 
          ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY. 
          YOU'RE ALLOWED A FIVE MINUTE REBUTTAL. 
          I KNOW YOU SAID YOU WERE FULL, BUT I WANNA, I WANNA BEND OVER BACKWARDS TO MAKE SURE THAT YOU'RE GIVING ME CHANCE TO, FOR REBUTTAL. 
          WELL, I DON'T HAVE A, A REBUTTAL, BUT, UM, WHAT WOULD BE SOMETHING THAT THE BOAR WILL BE OKAY WITH? WELL, YOU DO, YOU ARE REBUTTING , I GUESS. 
          BUT IT'S CONSISTENT WITH OUR RULES. 
          SO I WILL ALLOW IT. 
          I KEEP HEARING THE, THAT THIS, THIS, EVEN THOUGH THE FENCE IS EIGHT FEET AND THE RETAIN IS TWO FEET, I KEEP HEARING THAT THIS IS A PROBLEM. 
          SO, OKAY. 
          SO LET'S HOLD THAT THOUGHT. 
          SO A MISS BOARD ADMINISTRATOR, THERE SEEMS TO BE SOME CONFUSION. 
          THE APPLICANT THINKS THIS IS AN EIGHT FOOT FENCE. 
          IS THIS A 10 FOOT REQUEST OR IS THIS AN EIGHT FOOT REQUEST? I, I, I KNOW THERE, I'M TALKING ABOUT THE TWO FOOT FOOTER. 
          I'M, I'M SAYING HOW DOES THE PROFESSIONAL STAFF MEASURE FROM GRADE FROM THE TOP TO RIGHT. 
          I WANT YOU TO TELL HIM THAT. 
          MM-HMM . 
          FROM THE TOP OF THE FENCE TO THE GRADE, THE BOTTOM. 
          THE BOTTOM TO THE GRADE. 
          TO THE, TO THE SIDEWALK. 
          YEAH. 
          THE GRADE. 
          THE GROUND. 
          OKAY. 
          AND SO, I, I SAY THAT THAT'S NOT OUR MEASUREMENT. 
          PROFESSIONAL STAFF DOES THAT WITH EVERY CASE THAT COMES FORWARD, EVERY PERMIT THAT'S REQUESTED. 
          SO, SO START THERE. 
          YEAH. 
          I, I GET THAT. 
          UH, WHAT I'M TRYING TO UNDERSTAND IS THE, SO THE RETAINER WALL, EVEN THOUGH IT'S NOT CONNECTED THE TO THE FENCE OR TIED TO THE FENCE, IS STILL, THEY'RE CONSIDERING THE RETAINER WALL AS PART OF THE FENCE BECAUSE THE CHANGE OF GRAY AND ELEVATION, UM, THAT, THAT, THAT'S, THAT'S WHAT YOU'RE SAYING, RIGHT? MISS BOARD ADMINISTRATOR, WOULD YOU COMMUNICATE TO THAT'S AGAIN, THAT'S CORRECT. 
          THAT RETAINING WALL YOU BUILT ON TOP OF THAT RETAINING WALL, SO IT BECOMES PART OF YOUR FENCE. 
          THE RETAINER WALL BECOMES PART OF THE FENCE. 
          IT'S CONSIDERED YES. 
          OKAY. 
          THE FENCE STRUCTURE COULD, COULD A TWO FOOT GAP. 
          YEAH. 
          BECAUSE WHAT, YOU KNOW, WHEN, WHEN WE LOOKED AROUND OTHER HOUSES IN OUR NEIGHBORHOOD AND WE'VE SEEN OTHER HOUSES WITH THE EIGHT FOOT FENCE, RIGHT. 
          THAT, THAT WE THOUGHT WE WERE IN COMPLIANCE WITH THAT. 
          RIGHT. 
          LIKE, WE'RE EIGHT FOOT, THEY HAVE EIGHT FOOT, THAT SHOULD BE FINE. 
          BUT NOW I UNDERSTAND BETTER THAT, HEY, YOU GOT YOUR RETAINER WALL. 
          WE'RE GONNA CONSIDER THAT AS PART OF YOUR, AS AS YOUR, AS YOUR FENCE. 
          UM, OKAY. 
          THAT, THAT'S, THAT WAS KIND OF, AND THEN THERE'S ONE THING I WANT TO ADD TO, I I, IF HE'S DONE SPEAKING, THEN YOU CAN SPEAK, BUT IT HAS TO BE ON THE RECORD. 
          YES, SIR. 
          SO MY QUESTION IS, UM, THEY'RE CONSIDERING THIS BEING, UH, IS CONSIDERED THIS TO BE A 10 FOOT FENCE. 
          [01:25:01]
WHAT CAN WE DO, I GUESS, TO MAKE THIS AN EIGHT FOOT FENCE? THAT THAT'LL BE OKAY WITH THE, WITH THE BOARD OF ADJUSTMENTS? DO WE TAKE OUT THE RETAINER WALL? DO WE, UH, DO WE CUT TWO FEET FROM THE FENCE? DO WE MAKE THE, DO WE TAKE BOARDS ON THE FENCE AND MAKE IT MORE TRANSPARENT? WE'RE JUST TRYING TO FIND A, A, A METAL GROUND HERE THAT WE CAN KIND OF MOVE FORWARD INSTEAD OF, UM, UM, YOU KNOW, BEING BACK OUT HERE AND TRYING TO FIGURE SOMETHING OUT. 
          I'M JUST, SO BY RIGHT. 
          YOU AS A PROPERTY OWNER CAN HAVE A FOUR FOOT FENCE THERE AND IT CAN BE, IT NEEDS TO BE F 50% OR GREATER OPEN BY, RIGHT. 
          SO THE DIFFERENCE BETWEEN THAT AND THE NUMBER IS YOUR REQUEST. 
          OKAY. 
          YOU HAVE A REQUEST IN FRONT OF US FOR A SIX FOOT SPECIAL EXCEPTION TO THE HEIGHT AND FOR A ZERO OPACITY FENCE. 
          MM-HMM . 
          IT IS NOT FOR THE BOARD TO ADJUDICATE A REQUEST BY US SAYING IT SHOULD BE THIS NUMBER OR THAT NUMBER. 
          UM, I DON'T KNOW. 
          BUT I DON'T THINK YOUR REQUEST IS GONNA GET APPROVED TODAY. 
          OKAY. 
          AS IS. 
          I DON'T KNOW. 
          WE HAVEN'T VOTED YET. 
          WE HAVEN'T DISCUSSED THAT YET. 
          BUT I'M, I'M JUST, I'M, I'M JUST LOOKING AT THE, THE POTENTIAL. 
          YEAH. 
          YEAH. 
          AND I'M HERE, I'M, I'M, I'M, I GET THE FEELING, YOU KNOW, I'M FEELING HOW THE ROOM FEELS. 
          OF COURSE. 
          YOU KNOW, IT DOESN'T FEEL GREAT. 
          UH, IT IT'S NOT PLEASANT FOR US EITHER. 
          YEAH. 
          SO, I I'M JUST, IT IT, IT REALLY ISN'T BECAUSE IT'S MORE THAN A PROBLEM WITH PAPERWORK. 
          YEAH, IT IS. 
          IT IS. 
          THERE ARE REASONABLE RULES IN NEIGHBORHOODS THAT MAKE LAKE HIGHLANDS AS GOOD AS IT IS, OR LAKEWOOD OR OAK CLIFF OR NORTH DALLAS OR, UH, PRESTON HOLLOW. 
          THESE NEIGHBORHOODS HAVE IDENTITY BECAUSE THERE ARE REASONABLE NORMS THAT GIVE THEM BLOCK FACE CONTINUITY AND DEPTH, AND PEOPLE THAT TAKE CARE OF THEIR YARD AND IT'S SAFE. 
          I'M GONNA USE THEIR WORDS. 
          THAT'S SAFE FOR FAMILY, COMMUNITY, AND CHILDREN. 
          MM-HMM . 
          THAT'S WHAT MAKES THESE NEIGHBORHOODS GREAT. 
          YEAH. 
          BUT THERE ARE BOUNDARIES TO THIS. 
          SO I'M SOUNDING LIKE I'M LECTURING. 
          I'M TELLING YOU, THIS IS THE, WHAT WE LIVE IN WHEN WE HEAR A CASE, SO, OKAY. 
          UH, THAT'S ALL I GOT. 
          OKAY. 
          VERY GOOD QUESTIONS FOR THE APPLICANT. 
          MR. KOVI. 
          I WOULD JUST LIKE TO POINT OUT THAT YOU'RE, YOU HAVE EVERY RIGHT TO PUT UP PLANTS, TREES, VEGETATION TO SCREEN OFF THE VIEWS INTO YOUR HOME. 
          TO TO WHAT? HEIGHT? PLANT LANDSCAPING. 
          THERE. 
          THERE'S NOT A LIMITATION ON YOU PUTTING IN PLANT PLANTS, VEGETATION TREES TO BLOCK OFF THE VIEW INTO YOUR HOME. 
          MM-HMM . 
          THE LIMITATIONS THAT WE'RE DEALING WITH IS REGARDING FENCING. 
          THE CITY, TO MY KNOWLEDGE, DOESN'T RESTRICT YOU ON PUTTING UP VEGETATION. 
          I, I DON'T THINK SO. 
          THESE TWO ARE TALKING ABOUT IT RIGHT NOW AS WE SPEAK. 
          MS. BOARD ADMINISTRATOR, I DON'T THINK THE CODE HAS IN A R 75 NEIGHBORHOOD, A LIMITATION ON LANDSCAPING. 
          IT'S REALLY NONE OF OUR BUSINESS, CORRECT? RIGHT. 
          EXCEPT FOR THE VISIBILITY TRIANGLE. 
          OH, CORRECT. 
          THE VISIBILITY TRIANGLE ADJACENT TO THE, YOUR ALLEY AND ADJACENT TO THAT CORNER. 
          YES, THERE'S ISSUES, BUT ALONG LEE SIDE, THE, IN, IN INTERIOR TO YOUR FENCE. 
          MM-HMM . 
          OR EXTERIOR FENCE, AS LONG AS YOU'RE WITHIN YOUR PROPERTY, THERE'S NOTHING. 
          AND A LOT OF PEOPLE DO THAT BECAUSE THEY WANNA PUT UP A GAZILLION FENCE AND WE SAY NO. 
          AND THEN THEY COME BACK AND PUT A FOUR FOOT FENCE UP AND PUT TALL SHRUBS AND OFF THEY GO. 
          A LOT OF TIMES, I'M NOT TELLING YOU WHAT TO DO. 
          A LOT OF TIMES THAT FENCE IS INTERIOR. 
          THE LANDSCAPING'S OUTSIDE, YOU NEVER SEE THE FENCE BECAUSE OF THE LANDSCAPING. 
          SOMETIMES THEY DO THE OTHER WAY. 
          THAT'S NONE OF OUR BUSINESS. 
          WE'RE TRYING TO MAKE SURE THAT WE STICK WITHIN THE GUN CONFINES OF WHAT THE CITY COUNCIL SAYS AS IT RELATES TO WHAT THEY'RE LOOKING FOR FOR RESIDENTIAL NEIGHBORHOODS IN THIS CASE. 
          OKAY. 
          OKAY. 
          QUESTIONS FOR THE APPLICANT. 
          ARE YOU FINISHED WITH YOUR YES, SIR. 
          YOUR, YOUR DEAL? YES, SIR. 
          OKAY. 
          I THINK I MENTIONED EARLIER TODAY. 
          UH, BUT I WANNA, I WANNA BE CLEAR ABOUT IT. 
          UH, WE ARE NOT IN THE PRACTICE OF NEGOTIATING AT THE PEP PODIUM WHERE, YOU KNOW, SOMEONE REQUESTS 10 FEET AND WE SAY WE'LL GIVE YOU A SIX, OR WHATEVER THE NUMBER IS. 
          UH, THE WAY WE ARE COMPOSED IS WE MAKE A DECISION, A QUASI-JUDICIAL DECISION BASED ON FACTS AND OTHER ELEMENTS BASED ON A REQUEST. 
          SO I CAN'T HERE SAY TO YOU, WE WILL APPROVE EIGHT OR SIX OR FOUR. 
          FOUR. 
          YOU DON'T NEED APPROVAL FROM US. 
          OR FOUR FOOT, ONE FOOT, FOUR FEET, ONE FEET OR SIX FEET. 
          UH, I CAN'T SEE SIT HERE. 
          I CAN TELL YOU, YOU SHOULD DRAW YOUR OWN CONCLUSIONS ABOUT WHAT 
          [01:30:01]
THE FEEDBACK YOU'RE GETTING HERE. 
          AND IN A MOMENT, WE'RE GONNA GO TO A MOTION AND THEN PEOPLE ARE GONNA SPEAK TO WHY THEY'RE FOR OR AGAINST WHATEVER IS THE MOTION. 
          AND YOU CAN, THAT GIVES YOU FURTHER THE CAPACITY TO MAKE A DECISION WHAT YOU WANNA DO GOING FORWARD. 
          OKAY? AND I CAN SPEAK TO THAT FURTHER, BUT AGAIN, I DON'T KNOW WHAT, WHERE WE'RE GONNA LAND ON THIS. 
          OKAY. 
          THANK YOU. 
          THE CHAIR WOULD ENTERTAIN A MOTION. 
          WE HAVE TWO MOTION, WE HAVE TWO ITEMS IN FRONT OF US TODAY. 
          ONE IS A, A SPECIAL EXCEPTION FOR, UH, HEIGHT. 
          THE OTHER IS AN OPACITY ISSUE. 
          MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 5 0 3 ON APPLICATION OF CHRIS DILLARD. 
          FIVE ZEROS AND A THREE, WHAT DID I SAY? YOU SAID 5 0 3 5 ZEROS AND A THREE. 
          THERE YOU GO. 
          ON APPLICATION OF CHRIS DILLARD, DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A 10 FOOT HIGH FENCE ALONG LEE SIDE DRIVE WITHOUT PREJUDICE. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT THE NEIGHBORING PROPERTY IN THE MATTER OF BOA 2 6 0 0 0 0 0 3. 
          MS. DAVIS HAS MOVED TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR OFFENSE HEIGHT WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND, SECOND. 
          MADE BY MR. ROGERS. 
          UH, DISCUSSION ON THE MOTION. 
          MS. DAVIS, THEN MR. ROGERS. 
          I'M SUPPORTING THIS MO MOTION, UH, BECAUSE OF THE CRITERIA, BECAUSE I DO BELIEVE THAT IT AFFECTS, IT NEGATIVELY AFFECTS, UH, NEIGHBORING PROPERTY. 
          IT'S NOT CONSISTENT WITH THE SPIRIT OF THE NEIGHBORHOOD. 
          IT'S A VERY OPEN STREET. 
          I UNDERSTAND WANTING A FENCE. 
          I GET IT, HAVING LITTLE KIDS, PETS, WHATEVER. 
          BUT UNFORTUNATELY WHEN YOU LOOK AT THE STREET, IT'S JUST A VERY OPEN STREET. 
          AND, UM, YOU KNOW, I, BASED ON WHERE YOU PUT YOUR HOUSE, I, I GET THAT YOU CAN'T HAVE YOUR BACKYARD IN THE BACKYARD. 
          BUT WE NEED TO LOOK AS, AS CHAIRMAN NEWMAN SAID, WE NEED TO LOOK AT WHAT IS DICTATED TO US BY THE CITY. 
          AND THE, UM, YOU KNOW, THE, BASICALLY THE, THE WHOLE VIBE OF THE NEIGHBORHOOD. 
          AND THIS IS NOT CONSISTENT WITH THAT. 
          SO I DO BELIEVE IT WOULD AVERSELY AFFECT NEIGHBORING PROPERTY, WHICH IS WHY I'M SUPPORTING THE NOTE MOTION. 
          THANK YOU, MS. DAVIS. 
          MR. ROGERS, UH, I WOULD JUST SAY I SHARE IN MRS. DAVIS' SENTIMENTS. 
          THANK YOU MR. ROGERS. 
          DISCUSSION ON THE MOTION. 
          THE MOTION ON THE FLOOR IS TO DENY WITHOUT PREJUDICE. 
          WITHOUT PREJUDICE MEANS IF THE, IF THE BOARD OF SOLE ORDERS IS, YOU COULD COME BACK AND FILE A NEW CASE TOMORROW, YOU'LL COME BACK TO THIS BOARD. 
          IT'S CONSISTENT WITH OUR RULES. 
          HE'S SMIRKING OVER HERE. 
          THAT'S OUR RULES. 
          TO AVOID FORUM SHOPPING. 
          YOU GO GET AN ANSWER SOMEPLACE ELSE. 
          UM, BUT IF THE, IF THE BOARD VOTES TO DENY WITHOUT PREJUDICE, YOU COULD CHANGE YOUR APPLICATION AND COME BACK TOMORROW. 
          OR YOU COULD DO THE SAME APPLICATION COME BACK TOMORROW. 
          UM, DISCUSSION ON THE MOTION. 
          UH, I WILL SUPPORT THE MOTION TO DENY. 
          UM, I APPLAUD YOU. 
          I'LL FINISH IN THE POSITIVE. 
          I'M VERY DISAPPOINTED THAT THERE'S NO PERMITTING PROCESS. 
          VERY DISAPPOINTED. 
          THE GENERAL CONTRACTOR AND HIS  CONTRACTOR. 
          BUT PROPERTY OWNERS ARE RESPONSIBLE FOR YOUR PROPERTY, PERIOD. 
          THE END, NO EXCUSE, NO INTERPRETATION, PERIOD. 
          THE END. 
          UM, AND THAT'S NOT THE FIRST TIME I SAID THAT IN MY X NUMBER OF YEARS. 
          , THIS IS AN OVER AND OVER. 
          IT'S THE PROPERTY OWNER IS RESPONSIBLE. 
          UH, I THINK THERE'S SOME LATITUDE THAT IN A FUTURE CASE WITH FUTURE CIRCUMSTANCES, THAT WE COULD BE AMENABLE TO SOMETHING DIFFERENT. 
          BUT WHAT YOU'VE HEARD TODAY IS HEIGHT IS A PROBLEM, OPACITY IS A PROBLEM. 
          THIS BLOCKING OF THE NATURAL BLOCK FACE CONTINUITY ALONG LEE SIDE IS A PROBLEM. 
          UM, THE VISIBILITY TRIANGLE AT THE CORNER WITH LAKE MERE AND UM, UH, SEASIDE LEE SIDE, I APOLOGIZE, SEEMS TO BE A NON-ISSUE. 
          THE VISIBLY TRIANGLE AT THE ALLEY SEEMS TO BE A NON-ISSUE. 
          I SAY SEEMS TO BE BECAUSE IT CONCERNS ME. 
          WE'RE VERY CONSCIOUS OF VISIBILITY AT CORNERS BECAUSE WE NEVER WOULD WANNA PROVE SOMETHING AND HAVE SOMEONE BE HURT BY SOMETHING OF A PROPERTY OWNER. 
          BUT I DO THINK THERE'S OPPORTUNITY FOR YOU AS A PROPERTY OWNER TO RESUBMIT IF THAT'S WHAT YOU WANT HER TO DO. 
          YOU CAN'T TALK TO ANY ONE OF US ABOUT THE CASE 'CAUSE THAT'S EX PARTE. 
          UM, YOU CAN TALK TO OUR BOARD ADMINISTRATOR OR HER STAFF AND GET OBSERVATIONS OR FEEDBACK. 
          THEY'RE NOT GONNA NECESSARILY SAY YOU SHOULD DO THIS, OR IF YOU DO THAT, YOU'LL GET IT APPROVED. 
          'CAUSE THEY CAN'T SPEAK FOR THE BOARD. 
          WE ONLY SPEAK IN THIS CHAMBER ON THE RECORD. 
          WE DON'T SPEAK OVER HERE IN THIS HALLWAY HERE, OVER THERE. 
          I DON'T DO A SIDEBAR OVER HERE AND SAY I WILL AGREE TO THIS OR THAT. 
          SO, BUT YOU CAN GET FEEDBACK FROM OUR PROFESSIONAL STAFF. 
          SHE MAY HAVE YOU TALK TO MS. BARUM OR MR. UM, THOMPSON OR HERSELF OR WHATEVER, BUT THAT WOULD BE YOUR NEXT VENUE ON, 
          [01:35:01]
DEPENDING ON WHAT YOU WANTED TO DO SHORT OF THAT, YOU'D HAVE TO TEAR IT DOWN. 
          UM, BUT I WILL SUPPORT THIS 'CAUSE I THINK IT'S THE RIGHT THING TO DO FOR THE NEIGHBORHOOD, THE CITY, AND THE FUTURE PROPERTY OWNER. 
          'CAUSE WE HAVE TO LOOK BEYOND THE CURRENT PROPERTY OWNER. 
          WE GIVE LAND USE RIGHTS TO THE PROPERTY. 
          SO ANY OTHER DISCUSSION ON THE MOTION MR. HOVI? UM, I WOULD JUST LIKE TO POINT OUT THAT THE, IT'S KIND ALREADY BEEN MADE, BUT I'LL MAKE IT ONE MORE TIME. 
          THAT THE PROPER ORDER OF ACTIVITIES TO TAKE PLACE ARE PERMITTING AND THEN CONSTRUCTION. 
          I SAY PERMITTING COME TO US FOR AN EXCEPTION. 
          IF YOU WANT SOMETHING THAT'S BEYOND WHAT THE CITY ALLOWS BY, RIGHT? AND THEN CONSTRUCTION COMES AFTER THOSE THINGS TAKE PLACE IS THE PROPER SET OF SEQUENCE OF THINGS. 
          ANY OTHER DISCUSSION ON THE MOTION? THE MOTION BEFORE THE BOARD IN BO OA 2 6 0 0 0 0 3 IS TO DENY THEIR SPECIAL EXCEPTIONS FOR 10 FOOT HIGH FENCE WITHOUT PREJUDICE. 
          THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN AYE. 
          MR. OVITZ AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER OF BO A 2 6 0 0 0 0 3. 
          UH, THE BOARD UNANIMOUSLY AND A FIVE TO ZERO VOTE DENIES THE REQUEST FOR A SPECIAL EXCEPTION FOR HEIGHT WITHOUT PREJUDICE. 
          THIS MEANS YOU CAN REFILE AT ANY TIME WITHOUT ANY PREJUDICE OF, OF, UH, ON THE, ON THE CASE. 
          SECOND ITEM ON THE AGENDA, OR EXCUSE ME, THE SECOND, UH, ISSUE RELATING TO THIS IS 2 6 0 0 0 3 REGARDING OPACITY MS. DAVIS. 
          OKAY, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BOA DASH 26 DASH 0 0 0 0 0 3 ON APPLICATION OF CHRIS DILLER DENY THE SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND TO, AND OR MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LYING ALONG LEE SIDE DRIVE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BO A 2 6 0 0 0 0 3 MS. DAVIS MOVES TO DENY THE REQUEST FOR SPECIAL EXCEPTION FOR OPACITY WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND, SECOND BY MR. DORN DISCUSSION ON THE MOTION. 
          MS. DAVIS REALLY JUST FOLLOW THE SAME CRITERIA FOR THE FIRST. 
          SO, UM, I DO BELIEVE THAT, THAT THE SOLID FENCE WOULD AFFECT NEIGHBORING PROPERTY AND THAT IS WHY I'M SUPPORTING THIS MOTION. 
          THANK YOU MS. DAVIS, MR. DORN AND I WOULD AGREE WITH THAT ASSESSMENT DISCUSSION ON THE MOTION, THE MOTION ON THE FLOOR IS TO DENY WITHOUT PREJUDICE, UH, FOR THE REQUEST FOR, UH, UH, LESS THAN 50% OPEN SERVICE AREA. 
          AS I SAID BEFORE, YOU CAN VISIT WITH STAFF AND COME BACK WITH A REVISED SET OF PLANS WITH INFORMATION THAT WILL GIVE CREDENCE TO YOUR REQUEST. 
          UM, AND THEN WE CAN HAVE A SEC SEPARATE CONVERSATION. 
          I WOULD AGREE WITH THE MOTION. 
          I THINK THAT A SOLID FENCE AT THAT LOCATION AT THAT CORNER BLOCKS THE BLOCK FACE CONTINUITY AND IS INCONSISTENT WITH THE NEIGHBORHOOD ENTIRELY. 
          BUT THAT'S MY PERSPECTIVE. 
          OKAY. 
          THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS AYE. 
          MR. DORN AYE. 
          MR. KOVI AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN AYE. 
          MOTION TO DENY PASSES 5 2 0 IN THE MATTER OF BOA 2 6 0 0 0 0 3. 
          THE BOARD UNANIMOUSLY AND A VOTE OF FIVE ZERO DENIES A REQUEST FOR A SPECIAL EXCEPTION FOR OPEN, UH, FOR OPEN SERVICE AREA WITHOUT PREJUDICE. 
          YOU'LL GET A LETTER IN THE MAIL FROM OUR, OR EMAIL FROM OUR BOARD. 
          UH, SECRETARY. 
          THANK YOU VERY MUCH. 
          ALL RIGHT. 
          WE'RE GONNA RECESS FOR FIVE MINUTES. 
          UH, BOARD OF ADJUSTMENT, UH, AT 2:55 PM IS GONNA RECESS TILL 3:00 PM OKAY. 
          BOARD OF ADJUSTMENT, UH, IT'S 3:00 PM PANEL A IS CALLED BACK INTO SESSION. 
          OUR NEXT CASE IS BO, A 2 6 0 0 0 0 1 8 9 4 1 1 REDONDO DRIVE. 
          9 4 1 1 REDONDO DRIVE. 
          IS THE APPLICANT HERE? YES, PLEASE COME FORWARD. 
          [01:40:01]
HOLD ON ONE SECOND. 
          MS. BOARD SECRETARY. 
          UM, WHAT SPEAKERS DO WE HAVE FOR 0 0 0 0 1 8? I HAVE THE PROPERTY OWNER AND I HAVE TWO ONLINE IN FAVOR. 
          OKAY. 
          SO, OKAY. 
          UM, WHAT IS YOUR NAME, SIR? MY NAME IS EDGAR VIAL. 
          ARE YOU THE PROPERTY OWNER? I AM ONE OF THE PROPERTY OWNERS, ONE OF THE PROPERTIES. 
          OKAY. 
          WE HAVE STUART THREAD GOLD IS THE APPLICANT. 
          HE'S ONLINE, SIR. 
          HE'S ONLINE. 
          CORRECT. 
          OKAY. 
          SO, OKAY, HOLD ON A SECOND. 
          SO I'M REALLY WANTING TO TALK TO THE APPLICANT, WHICH IS MR. THREAD GOLD BECAUSE HE'S THE ONE OF RECORD, SO WE SHOULD START WITH HIM. 
          SO LET'S START WITH THE APPLICANT. 
          LET ME, UH, I'M TRYING, I'M TRYING TO MOVE HIM OVER. 
          I, I, MR. TRAL, CAN YOU PLEASE LOG, UM, LOG BACK IN PLEASE. 
          UM, I'M HAVING ISSUES, UM, MOVING YOU AS A PANELIST. 
          JUST ONE MOMENT, SIR. 
          SHALL WE CALL A DIFFERENT CASE? UM, YES. 
          UM, CAN I, OH, I'M, ARE YOU THERE? I'M SORRY, MR. CHAIR? NO, THIS IS DAVID NZI. 
          I'M ONE OF THE SPEAKERS AND I WAS, NO, I NEED TO SPEAK TO THE APPLICANT. 
          THE APPLICANT IS STEWART THREAD GOLD. 
          YEAH, HE WAS ONLINE AND, BUT, UM, I WAS HAVING ISSUES MOVING HIM OVER AND, AND HE, I GUESS HE'S TRYING TO LOG BACK IN. 
          MR. AL, 
          [01:45:01]
CAN YOU PLEASE PROVIDE AUDIO AND VIDEO? CAN MR. TRAL, CAN YOU PLEASE PROVIDE AUDIO AND VIDEO AND HE'S SAYING THAT WEBEX IS NOT ALLOWING HIM TO UNMUTE? WE CAN, WE CAN HEAR YOU. 
          OH, IT'S NOT HIM OR HE'S PANELIST ALREADY. 
          MR. TREAD GOLD, THIS IS DAVID NUZ. 
          CAN YOU UNMUTE HIM? 'CAUSE HE'S SAYING HE CANNOT BE ON, HE'S A PANELIST SO HE'S ABLE TO SPEAK JUST LIKE YOU ARE. 
          HELLO, MR. RECO? YES. 
          YES. 
          CAN YOU PLEASE PROVIDE VIDEO AS WELL? OKAY. 
          SORRY. 
          UM, WE HEAR YOU, YOU NEED TO PROVIDE VIDEO. 
          WE NEED TO BE ABLE TO SEE YOU. 
          SURE. 
          I UNDERSTAND THAT. 
          UM, FIRST TIME ON WEBEX. 
          UNFORTUNATELY, SIR, WE CANNOT HEAR YOU. 
          WE, I, I CANNOT HAVE YOU SPEAK TO THE BOARD. 
          THIS IS THE CHAIRMAN SPEAKING DAVID NEWMAN. 
          UNLESS I SEE, UNLESS YOU'RE HERE IN PERSON, WHICH I ALWAYS WOULD RECOMMEND, IF NOT ONLINE, BOTH AUDIO AND VIDEO. 
          OTHERWISE I CAN'T RECOGNIZE YOU. 
          SURE. 
          I FULLY UNDERSTAND THAT. 
          UM, CHAIRMAN, UM, I AM ENDEAVORING TO PROVIDE IT, UH, IS, ARE, IS THAT HIM HERE? OKAY. 
          YEP. 
          THERE YOU CAN SEE ME NOW? YEAH. 
          OKAY, WE SEE YOU. 
          SORRY ABOUT THAT CHAIRMAN. 
          OKAY, SO, OH, HE JUST DISAPPEARED ON MY SCREEN. 
          OKAY. 
          ALRIGHT. 
          UM, SO MR. THREAD GOLD, YOU'RE THE APPLICANT, CORRECT? CORRECT. 
          OKAY. 
          UM, IF YOU WOULD GIVE US, UM, YOUR NAME AND ADDRESS THEN BE SWORN IN BY OUR BOARD SECRETARY, PLEASE. 
          UH, STUART THREAD GOLD 508TH BUSH AVENUE. 
          AND I CAN BARELY HEAR YOU, SIR. 
          YOU HAVE TO SPEAK EITHER LOUDER OR CLOSER TO YOUR MICROPHONE. 
          UH, STEWART THREAD GOLD 508 BUSH AVENUE, WAXAHATCHEE, TEXAS. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? YES, I DO. 
          OKAY. 
          PLEASE PROCEED SIR. 
          OUR RULES OR PROCEDURE ARE SUCH THAT YOU'RE ALLOWED FIVE MINUTES TO PRESENT AS THE APPLICANT THAN ANYONE ELSE THAT WANTS TO SPEAK IN FAVOR IS GIVEN FIVE MINUTES AND ANYONE IN OPPOSITION IS GIVEN FIVE MINUTES AND THEN YOU'RE GIVEN A FIVE MINUTE REBUTTAL. 
          PLEASE PROCEED. 
          UH, THANK YOU CHAIRMAN. 
          OBVIOUSLY THIS MATTER WAS BEFORE THE BOARD LAST YEAR. 
          UM, THE BOARD REFUSED THE APPLICATION BECAUSE, UH, THERE WAS INSUFFICIENT, UH, EVIDENCE PROVIDED THAT THE STRUCTURE, UM, ALREADY, UH, IN EXISTENCE. 
          YOU NEED TO GET CLOSER TO YOUR MICROPHONE PLEASE. 
          SORRY. 
          ALRIGHT, I'M, I'M PROBABLY 10, UH, PROBABLY ABOUT HALF, SIX INCHES AWAY THE SPRINT NOW, UM, THE APPLICATION, 
          [01:50:02]
UH, CHAIRMAN, THE ADVICE THAT WE'VE RECEIVED WAS THE APPLICATION WAS  BECAUSE WE DIDN'T DEMONSTRATE THE STRUCTURE WAS PREEXISTING. 
          UH, IT WAS, UH, STRUCTURED IN OBVIOUSLY THE 1980S, UM, ACCORDING TO ALL THE, UH, UH, ADMISSIBLE EVIDENCE WE'VE RECEIVED FROM ADJOINING OWNERS AND PREVIOUS OWNERS THAT THE, THE CURRENT OWNER PURCHASED THE PROPERTY FROM. 
          IN ADDITION TO THAT, I'VE PROVIDED, UM, APPENDIX ITEMS TO THE COVERING LETTER TO THE BOARD, WHICH SHOWED THE STRUCTURE IN EXISTENCE PRIOR TO PURCHASED BY EDGAR AL, ONE OF THE BANK, AL AND DAVID ALKI. 
          THE THE PHOTOS CLEARLY SHOW THE STRUCTURE WAS IN EXISTENCE. 
          UM, THE EXTERNAL WALLS HAVE NOT MOVED WHATSOEVER. 
          IT'S EXACTLY THE SAME FOOTPRINT, UM, AS THE DAY THEY PURCHASED IT. 
          UH, THEY, WHEN THEY CLOSED ON THE PROPERTY, UM, THE APPENDIX SHOWS THE, UH, PROPERTY BEING ADVERTISED WITH A GUEST HOUSE, UM, ON SITE, UM, WAS ADVERTISED BY E EXP REALTY. 
          SO A, A REGISTERED TEXAS REALTOR. 
          AND, UM, THE APPLICATION, UH, IS NOT GREATER THAN THE 25% FLOOR AREA OR THE, THE PERCENTAGE THAT THE, THE BOARD CONSIDERS, UM, WITHIN CODE OF THE APPROVED, UM, MAIN RESIDENCE, UM, WHICH WAS APPROVED, UH, 2025, THE, I BELIEVE THERE'S SUFFICIENT ADMISSIBLE EVIDENCE IN FRONT OF THE BOARD, UM, TO SHOW THAT EXACTLY THE STRUCTURE WITH PREEXISTING BUILT CIRCA 19, EARLY 1980S. 
          UM, AND WHEN I ASKED PLANNING OFFICERS WHETHER OR NOT THEY REQUIRED AN AFFIDAVIT TO, UH, BE SUBMITTED TO THE BOARD, THEY SAID NO, THAT WASN'T, UM, NECESSARY. 
          THAT IT WAS, UM, THAT WE COULD, THAT THE BOARD WOULD ACCEPT THE, THE APPENDIX OBVIOUSLY AND THE TESTIMONY FROM MYSELF AS A REGISTERED TEXAS ARCHITECT, 3 0 2 8 6, UM, WHICH I COVERED IN THE, WHICH I DRAFTED IN THE COVERING LETTER TO THE BOARD. 
          UM, AND I BELIEVE THE OWNERS, THE THREE OWNERS, WILL ALSO PROVIDE ADMISSIBLE EVIDENCE THAT THE STRUCTURE WAS PREEXISTING PRIOR TO THAT PURCHASE. 
          UM, OBVIOUSLY WE'RE SEEKING EXEMPTION, UM, AS STATED IN THE BRIEFING NOTE FROM THE, THE CITY PLANNER. 
          THANK YOU. 
          THANK YOU, SIR. 
          TELL ME WHAT THIS IS DAVID NEWMAN SPEAKING. 
          UH, WHAT IS YOUR RELATION, ARE YOU THE OWNER OF THE PROPERTY? WHAT IS YOUR RELATION TO BE THE PROPERTY OWNER? UH, HE'S A, UH, THE, THE REAL ESTATE AGENT. 
          YOU'RE THE REAL ESTATE AGENT? NO, NO, NO, NO. 
          I'M, I TOLD, I I PUT ON RECORD THAT I'M THE REGISTERED ARCHITECT, UM, THAT WAS RESPONSIBLE FOR THE SUBMISSION RECORD ARCHITECT CONSTRUCTION IS THE COMPANY NAME. 
          SO SO YOU'RE THE REGISTERED ARCHITECT? YES. 
          OKAY. 
          ALRIGHT. 
          UM, AND WERE YOU INVOLVED IN THE PREVIOUS SUBMITTAL, UH, IN MARCH OF 2025? YES. 
          OKAY. 
          OKAY. 
          ALRIGHT. 
          WE MAY HAVE MORE QUESTIONS FOR YOU IN A MOMENT. 
          UM, WHAT OTHER SPEAKERS, MS. WILLIAMS, MR. VIDAL AND MR. DAVID? NO, ZI. 
          HE'S ONLINE. 
          OKAY. 
          WE'LL TAKE THIS GENTLEMAN FIRST SINCE HE'S HERE IN PERSON. 
          OKAY. 
          COULD YOU GIVE US YOUR NAME AND ADDRESS AND THEN, UM, YOU'LL, SHE'LL PUT YOU UNDER OATH. 
          MY NAME IS EDGAR. 
          MY ADDRESS IS 9 4 11 REDONDO DRIVE. 
          OKAY. 
          YOU, YOUR NAMING IS AGAIN, IS WHAT? EDGAR. 
          EDGAR VIAL. 
          EDGAR. 
          AND YOUR LAST NAME VIAL, V AS IN VICTOR, IDAL, V AS IN VICTOR, IDAL, VIDAL VL VL VIAL VIDAL. 
          V-V-I-D-A-L. 
          RIGHT. 
          I APOLOGIZE. 
          THANK YOU. 
          YOU HAVE FIVE MINUTES, PLEASE PROCEED. 
          GOOD AFTERNOON EVERYONE. 
          [01:55:01]
CHAIRMAN, I NEED TO SWEAR. 
          OH, I APOLOGIZE. 
          THANK YOU, MS. BOARD. 
          SECRETARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. 
          OKAY. 
          PLEASE PROCEED. 
          WELL, UH, WITHOUT THIS HOUSE, LIKE, UH, TWO YEARS AGO, ALMOST, ALMOST TWO YEARS AGO, AND, UM, WE, WE FELL IN LOVE OF THE, OF THE AREA, AND, AND THEN WE FIND OUT, WE, WE, OH, WE FIND OUT WE HAVE AN, LIKE, A SMALL ISSUE WITH THE PROPERTY BECAUSE, UM, THEY SAID IT, IT, IT'S IN A, IT'S IN A GUEST HOUSE ON THE BACK OF THE PROPERTY. 
          BUT IT WAS LIKE THAT WHEN WE BOUGHT IT. 
          AND, UM, WHAT, WHAT WE DID IS, IS, UH, WE, WE START WORKING WITH MR. UM, UH, WITH, WITH, UH, STEWART. 
          MR. TH UH, HE START WORKING ON THE, ON THE PLANTS OF THE HOUSE, ON THE MAIN HOUSE TO, TO REMODEL THE MAIN HOUSE. 
          UM, BUT WE, BUT WHEN THEY SAW US THE HOUSE, THEY SAID, UH, IT'S A GUEST HOUSE ON THE BACK. 
          OUR PLAN IS TO REMODEL THE FRONT HOUSE. 
          SINCE WE HAVE, UM, SINCE THAT TIME, WE, WE ARE NOT, UM, WE, WE TRY TO REMODEL THE, THE, WELL, WE TRY TO REMODEL THE, THE HOUSE ON THE BACK, AND THEN WE PULL PERMITS FROM THE FRONT HOUSE JUST TO, TO START, UM, WORKING ON THE MAIN HOUSE. 
          SO WHAT WE DID IS WE, WE REMODELED THE BACK HOUSE, JUST LIKE, UH, WE PULLED THE, THE SHEET ROCK AND WE PUT A, WE PUT A NEW SHEET ROCK, A NEW, UM, UH, ALL AROUND THE HOUSE. 
          WE, WE HAVE LIKE A WOOD AND IT WAS REALLY BAD. 
          UH, AND THEN WE, WE PULLED SOME OF THEM OUT. 
          THAT'S IT, THAT'S ALL WE DID. 
          ANYTHING ELSE, SIR? NO. 
          OKAY. 
          THANK YOU. 
          UM, NEXT SPEAKER. 
          MR. DAVID NACI? YES, MA'AM. 
          OKAY. 
          CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? YES. 
          DAVID NZI, 3 0 1 CONWAY AVENUE, LOS ANGELES, CALIFORNIA. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          PLEASE PROCEED. 
          THANK YOU. 
          UH, MR. CHAIRMAN, I AM A FRIEND OF EDGAR VIDAL. 
          UM, WHEN HE WAS LOOKING TO PURCHASE A HOME IN DALLAS, HE ASKED ME TO COME OUT AND, UH, LOOK AT THE HOUSE THAT HE ULTIMATELY PURCHASED AT 9 4 1 1 REDONDO DRIVE. 
          UM, I TOURED THE PROPERTY IN AUGUST OF 2024, AND AS STEWART MENTIONED, THE ADVERTISEMENT OR THE LISTING STATED THAT THERE WAS A GUEST HOUSE, UH, ATTACHED TO THE GARAGE. 
          SO, UM, WHEN I WENT TO TOUR THE PROPERTY IN THE NEIGHBORHOOD, UM, I SAW THE GUEST HOUSE. 
          I SAW THE, UH, DWELLING UNIT ATTACHED TO THE GUEST HOUSE. 
          UM, IT WAS IN BAD CONDITION IN NEED OF REMODEL, BUT THE, THE STRUCTURE ITSELF AND THE ROOM, EXCUSE ME, THE ROOM, THE BEDROOM, THE BATHROOM, AND THE KITCHENETTE AREA WERE ALL, UH, THERE AND, AND PART OF THAT STRUCTURE. 
          UM, AND, UM, I SUBMITTED A DECLARATION THAT HAS AND REFERENCES A SURVEY GOING BACK TO 1994 THAT SHOWS THE OUTLINE OF THAT STRUCTURE IN THIS EXACT PRESENT FORM. 
          I ALSO SUBMITTED WITH MY DECLARATION GOOGLE EARTH IMAGES, WHICH CONFIRMS THE SAME THING. 
          BUT MOST IMPORTANTLY, AND I THINK THE MOST COMPELLING INFORMATION THAT YOU HAVE IN FRONT OF YOU ARE TWO LETTERS FROM THE PRIOR OWNERS. 
          ONE IS, UH, MELISSA S GOGGINS, WHO OWNED THE PROPERTY FROM 2009 UNTIL 2024. 
          AND PRIOR TO THAT, LINDA GREEN FROM 1994 TO 2009. 
          I DON'T KNOW IF THE PANEL HAS READ THOSE LETTERS, BUT, UM, YOU KNOW, I I LIKE TO JUST REFERENCE, UM, MS. GREEN'S STATEMENT, UH, WHERE SHE SAYS, I BOUGHT 9 4 11 REDONDO IN 1994 IN THE APARTMENT, AND THE APARTMENT WAS ALREADY THERE. 
          AND IT WAS CLEAR BY THE AGE OF THE APPLIANCES THAT THE APARTMENT HAD BEEN THERE AT LEAST 10 YEARS. 
          SO THAT PLACES THAT APARTMENT ATTACHED TO THE GARAGE TO 1984. 
          UH, I SOLD THE 
          [02:00:01]
HOUSE IN 2009 WITH THE SOMEWHAT UPDATED APARTMENT STILL INTACT. 
          I DON'T KNOW WHAT THOSE OWNERS DID WITH THE APARTMENT, ET CETERA, ET CETERA, BUT THAT, THAT IS HER STATEMENT. 
          AND, UH, MS. S GOGGINS, THE SUBSEQUENT, UH, OWNER OF THE HOUSE ALSO SAID THE SAME THING THAT THE APARTMENT WAS THERE. 
          AND IN PAST CONVERSATIONS WITH THE GRANDSON OF THE ORIGINAL OWNER OF THE HOUSE, HE HAD MENTIONED THAT HE HAD LIVED IN THAT APARTMENT ATTACHED TO THE GARAGE. 
          SO BY ALL ACCOUNTS, UM, GOOGLE EARTH, THESE TWO LETTERS AND THE SURVEY, THAT STRUCTURE AND THE APARTMENT ATTACHED TO IT, UM, WERE THERE SINCE THE MID 1980S. 
          I THINK THAT'S ALL I HAVE. 
          THANK YOU, SIR. 
          ANY OTHER SPEAKERS FOR OR AGAINST? NO OTHER SPEAKERS REGISTER, SIR. 
          OKAY. 
          UM, SO LET'S GO WITH QUESTIONS FOR THE APPLICANT. 
          MR. HAITZ? YES. 
          MR. MR. THREAD GOLD? YES. 
          DID, UM, DID I UNDERSTAND CORRECTLY, DID YOU SAY THAT YOU'RE AN OCCUPANT OF THAT PROPERTY ARCHITECT? I'M SORRY, ARCHITECT? ARCHITECT. 
          OH, ARCHITECT, NOT OCCUP. 
          YEAH, I THOUGHT YOU SAID OCCUPANT. 
          UM, THAT, THAT WAS MY ONLY QUESTION FOR YOU. 
          OTHER QUESTIONS FOR THE APPLICANT? MS. DAVIS? OKAY. 
          I BELIEVE THIS IS FOR THE APPLICANT. 
          UM, AT WHAT POINT DID THE NEW OWNERS TAKE POSSESSION OF THE HOUSE? I, UH, I MEAN THE, I DON'T HAVE THE, UH, OFFER AND ACCEPTANCE FORM, UM, AVAILABLE TO ME. 
          I THINK DAVID EY, UM, MENTIONED THE DATE OF CLOSING IN HIS, UM, SUBMISSION TO THE BOARD. 
          I BELIEVE IT WAS POTENTIALLY MAYBE JULY, 2024 AND THEY CLOSED POSSIBLY IN AUGUST OF 2024. 
          OKAY. 
          SO JUST TO CONFIRM, YOU SAID JULY 24 OR AROUND AUGUST 24? AS I SAID, I, I DON'T HAVE THE PAPERWORK, BUT THAT'S, THAT'S MY, THAT'S MY RECOLLECTION, YES. 
          OKAY. 
          WHEN DID I UNDERSTAND YOU DID RENOVATIONS ON THE ADDITIONAL DWELLING UNIT IN THE BACK, NEW KITCHEN, NEW BATHROOM? WHEN DID THOSE RENOVATIONS START AND WHEN DID THEY FINISH? NO, I, I WAS ENGAGED TO DESIGN, UM, THE MAIN HOUSE, UM, WHICH I DID. 
          I I SUBMITTED THAT POSSIBLY OCTOBER OF 2024, UM, TO REMODEL THE MAIN HOUSE IN THE FRONT OF THE PROPERTY. 
          WAIT, I'M, I'M, I'M SORRY. 
          I'M, I'M HAVING A LOT OF TROUBLE HEARING YOU. 
          SO ARE YOU SAYING, ARE YOU TALKING ABOUT THE MAIN HOUSE OR ARE YOU TALKING ABOUT THE ADDITIONAL DWELLING UNIT? I'M ASKING ABOUT THE ADDITIONAL DWELLING UNIT. 
          WHEN, WHEN DID YOU START ON RENOVATIONS FOR THAT UNIT? I JUST NEED THE DATE. 
          UM, I, I, THE, THE OWNERS ENGAGED ME AS A DESIGNER AND THE DATE, UM, FROM RECOLLECTION WOULD PROBABLY BE EARLY 25 AFTER THE MAIN HOUSE HAD ALREADY RECEIVED A, A BUILDING PERMIT FROM THE CITY. 
          OKAY. 
          I HEARD PART OF THAT. 
          DID YOU, DID HE SAY EARLY? DID, DID EARLY 25, SIR, 2025. 
          UM, I, I JUST DON'T HAVE THOSE DATES AVAILABLE TO ME AT THE MOMENT, BUT IT WAS CERTAINLY AFTER THE BUILDING PERMIT HAD ALREADY BEEN ISSUED BY THE CITY OF DALLAS. 
          SO SOME, SOMEWHERE AFTER THE ISSUE. 
          IT DO, DOES THE CITY HAVE THOSE, UH, DATES AVAILABLE FOR THE BOARD? WE DUNNO IF THE ISSUE . 
          OKAY. 
          I I'M TRYING TO FIGURE OUT IF, IF THERE WAS A BUILDING PERMIT ISSUED AND THE DATE OF THAT. 
          SO THAT'S ALL I NEED. 
          I JUST NEED YES OR NO THAT THERE WAS A BUILDING PERMIT AND WHAT WAS THE DATE THAT IT WAS ISSUED? WELL, THE, I GUESS THE, YOU PROBAB MY ANSWER THAT WAS THAT THE, THE WORK CARRIED OUT ON THE, THE REAR STRUCTURE. 
          I CAN'T WAS MA I CAN'T MAINTENANCE, 
          [02:05:01]
BUT IT WASN'T, IT WASN'T CONSTRUCTION WORK. 
          IT WAS ACTUALLY BUILT MAINTENANCE BECAUSE THE STRUCTURE WAS IN SUCH BAD DISREPAIR. 
          OKAY. 
          UH, UH, FIRST, AND, AND I APOLOGIZE, I'M, I'M HAVING A LOT OF TROUBLE HEARING YOU. 
          SO I'M LOOKING AT THE, THE CHANGES THAT YOU MADE TO THE ADDITIONAL DWELLING UNIT, WHICH LOOKED LIKE THEY WERE SUBSTANTIAL, THOSE RENOVATIONS, THEY WERE PRETTY SUBSTANTIAL. 
          YES. 
          JUST YES OR NO. 
          NO, I DIDN'T DO THAT. 
          I I'M THE ARCHITECT. 
          THE, THE, THE, THE, UH, THE APP, THE PERSON THAT RECEIVED THE BUILDING PERMIT IS ACTUALLY, UH, A SEPARATE ENTITY, NOT MYSELF. 
          I SUBMITTED AS THE DESIGNER. 
          OKAY. 
          SO, SO FOR ME TO MAKE A DECISION, THIS IS WHAT I NEED AND I DON'T, I DON'T KNOW WHICH THREE OF YOU CAN GIMME THIS INFORMATION. 
          I NEED TO KNOW WAS THERE A BUILDING PERMIT AND WHEN WAS THAT BUILDING PERMIT ISSUED? WHEN DID THOSE RENOVATIONS START AND WHEN DID THOSE IN RENOVATIONS COMPLETE? THAT'S WHAT I NEED TO KNOW. 
          I DON'T NEED ANY OTHER TALK BESIDES THAT. 
          I JUST NEED ANSWERS TO THOSE THREE QUESTIONS. 
          AND IF YOU CAN'T ANSWER THEM, THEN THAT SPEAKS VOLUMES. 
          BUT I, THAT'S WHAT I NEED TO KNOW. 
          UM, CAN ANYBODY GIVE ME THOSE SPECIFIC DATES IF THERE WAS A BUILDING PERMIT? WHEN THE RENOVATIONS STARTED? WHEN OF THE RENOVATIONS WERE COMPLETED? THAT'S WHAT I NEED TO KNOW. 
          I SUBMITTED THE BUILDING PERMIT AND THE CITY OF DALLAS, UM, INCORRECTLY, UM, INTERPRETED THE PLANNING REGULATIONS AND THEY ISSUED A BUILDING PERMIT AND THEN THEY RETRACTED THAT BUILDING PERMIT. 
          UM, I WAS, THAT OCCURRED PROBABLY THREE WEEKS AFTER THE ISSUANCE. 
          THREE TO FOUR WEEKS AFTER THE ISSUANCE OF THE PERMIT, THEY DECIDED TO REVOKE THE BUILDING PERMIT. 
          THAT WAS, UM, AND MY, I TOOK MY, UH, GRIEVANCE TO THE ASSISTANT DIRECTOR OF PLANNING, UH, MR. WILLIE, UH, MR. UM, THE ASSISTANT DIRECTOR OF PLANNING. 
          ANYWAY, HIS, HIS, HIS CHRISTIAN NAME IS WILLIE. 
          UM, AND THAT'S WHEN THE MATTER WAS REFERRED BY LAURIE LEWIS TO THE BOARD OF ADJUSTMENT BECAUSE OF THE INCORRECT INTERPRETATION OF THE PLANNING SCHEME BY BY THE SEATED OFFICES. 
          CAN I, UM, CAN I, UH, JUMP IN REAL FAST? WHO, WHO'S THIS SPEAKING? DAVID NZI. 
          OKAY. 
          UH, UNDERSTAND, SIR, THAT THE TECHNOLOGICAL LIMITATIONS OF PARTICIPATING ONLINE LIMIT WHAT WE CAN HEAR. 
          I, I UNDERSTAND, BUT HOPEFULLY YOU CAN HEAR ME. 
          SO, UM, UH, MS. DAVIS'S QUESTION, MR. THREAD. 
          GOLD WAS GOING TO, WHAT WE'RE TRYING TO DETERMINE AND WHAT WE'RE TRYING TO DETERMINE IS WHETHER AN ADDITIONAL DWELLING UNIT WILL NOT BE USED FOR RENTAL ACCOMMODATIONS OR ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          THAT'S OUR STANDARD. 
          THAT IS WHAT WE'RE TRYING TO GO AFTER. 
          HER QUESTION THAT WE COULD NOT UNDERSTAND YOUR ANSWER, SIR, MR. OL, WAS WERE PERMITS ISSUED FOR THE GARAGE, WHICH YOU ALL ARE CALLING AN L-SHAPED, UH, STRUCTURE IN THE BACK. 
          OUR UNDERSTANDING IS PERMITS WERE ISSUED FOR THE MAIN HOUSE, NOT FOR THE STRUCTURE IN THE BACK. 
          MR. CHAIRMAN, THE, THE, THIS, THE FOOTPRINT OF THAT STRUCTURE THAT YOU'RE REFERENCING, THE L-SHAPED STRUCTURE HAS NEVER CHANGED. 
          THERE WAS REMODELING DONE FOR THAT WITH OR WITHOUT PER PERMITS? WERE THE REMODELING DONE? I THINK STUART SAID THAT WE OBTAINED A PERMIT, BUT OUR STAFF HAS TOLD US THE PERMITS WERE FOR THE MAIN HOUSE, NOT FOR THE HOUSE IN THE BACK. 
          THE BUILDING PERMIT WAS ISSUED AND THEN REVOKED BY THE CITY OF DALLAS. 
          AND I WAS INSTRUCTED BY CITY PLANNING OFFICERS TO SUBMIT TWO SEPARATE APPLICATIONS, WHICH WE ALREADY HAVE A BUILDING PERMIT ON THE MAIN HOUSE THAT'S BEEN ISSUED AND NOT, NOT REVOKED. 
          UM, AND AFTER THEY, AFTER THEY, UH, INCORRECTLY INTERPRETED THE PLANNING LEGISLATION, THEY REFERRED IT TO THE BOARD OF ADJUSTMENT, UH, EARLY LAST YEAR. 
          OKAY. 
          I CUT YOU OFF. 
          MR. UH, NOR NOR NOR VISI. 
          NOR OKAY, NOR THAT'S 
          [02:10:01]
OKAY. 
          YOU WERE GONNA ANSWER WHAT QUESTION? UH, I WAS GOING, I WAS, MY UNDERSTANDING IS THAT THE ALLEGATION AS IT STANDS BEFORE THE BOARD IS THAT THAT STRUCTURE, THAT DWELLING UNIT ATTACHED TO THE GARAGE WAS SOMEHOW CONSTRUCTED BY THE NEW OWNERS AFTER THEY CLOSED ESCROW. 
          AND THE REBUTTAL IS THAT STRUCTURE WITH THE APARTMENT UNIT ATTACHED TO IT GOES BACK TO 1984 AS SUPPORTED BY THE LETTERS. 
          I DON'T THINK, SIR, I DON'T THINK ANYONE'S QUESTIONING THE EXTERIOR WALLS. 
          THE QUESTION BY MS. DAVIS WAS SIMPLY FOR THE PICTURES THAT WE WERE PROVIDED BY THE APPLICANT SHOWS PICTURES OF A KITCHEN AND A BATHROOM AND A LIVING ROOM UPDATED LIKE CONTEMPORANEOUSLY. 
          AND HER QUESTION WAS SIMPLY WERE PERMITS ISSUED TO PERFORM THAT WORK AGAIN. 
          AND WHEN THAT FOR COSMETIC WORK, IT'S HARDLY COSMETIC RENOVATIONS. 
          IT'S, IT'S, IT'S VERY DEMONSTRATIVE. 
          BUT, BUT AGAIN, WHAT WE'RE TRYING TO GET TO IS HOW WOULD THIS WOULD OR WOULD NOT BE USED FOR RENTAL COMBINATIONS, HOW THIS WOULD OR WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          AND IN ORDER TO SUPPORT THAT, WE'RE TRYING TO UNDERSTAND THE PROCESS THAT THE APPLICANT WENT THROUGH IN DEALING WITH THIS REAR HOUSE, THIS REAR STRUCTURE WE HAVE. 
          YEAH. 
          SO WE'VE SUBMITTED AFFIDAVITS THAT WE WILL NOT SUBMIT THE, THE STRUCTURE FOR AS A RENTAL UNIT. 
          UH, THERE'S A DEED RESTRICTION, I'M NOT SURE I'M USING THE RIGHT LANGUAGE HERE, BUT WE'VE SUBMITTED DOCUMENTS THAT CONFIRM THAT WE'RE NOT GONNA OFFER IT AS RENTAL PROPERTY. 
          AND, UH, WE HAVE SIGNIFICANT NUMBER OF LETTERS FROM THE NEIGHBORS IN SUPPORT OF, UH, WHAT WE'VE DONE. 
          AND, AND THE STRUCTURE AS IT STANDS, THERE ARE NO OPPOSITIONS TO THIS APPLICATION. 
          AND WE HAVE LETTERS IN SUPPORT ALL FROM NEIGHBORS, ADJOINING NEIGHBORS SURROUNDING NEIGHBORHOOD. 
          OKAY. 
          THANK YOU, SIR. 
          WHAT ARE QUESTIONS? MR. ROGERS HAS SOME QUESTIONS? YES. 
          I HAVE A QUESTION FOR MR. VIDAL. 
          SO THE CURRENT STRUCTURE AS IT'S SET UP NOW, CAN YOU TELL ME WHAT THE INSIDE LOOKS LIKE? BEDROOM, BATHROOM, COUNT, ET CETERA. 
          CAN YOU REPEAT AGAIN PLEASE? SURE. 
          SO THE CURRENT SETUP OF THE A DU AS IT STANDS RIGHT NOW, CAN YOU ELABORATE ON THE CURRENT SETUP AMOUNT OF BEDROOMS, KITCHEN, BATHROOMS, ET CETERA? WELL, WHEN WE MOVE IN, IT WAS, IT WAS THERE LIKE THAT WE JUST LIKE REMOVED THE OLD SHEET ROCK, LIKE I SAID AT THE BEGINNING. 
          OKAY. 
          WE REMOVED THE, THE, THE DAMAGED SHEET ROCK AND, AND, UH, IT WAS A BEDROOM, IT WAS A BATHROOM, IT WAS A KITCHEN IN A SMALL LIVING AREA, SO, OKAY. 
          WE DIDN'T, WE DIDN'T DO IT. 
          UH, LIKE WE DIDN'T EXTEND THE, THE STRUCTURAL, WE DIDN'T DO IT. 
          I'M NOT SURE THAT ANSWERS MY QUESTION, BUT LET ME ASK YOU A BETTER QUESTION, I GUESS CURRENTLY NOW, WHO RESIDES IN THE A DU CURRENTLY? IS SOMEONE LIVING THERE IN THAT STRUCTURE RIGHT NOW? OH, I'M, I'M LIVING THERE, YES. 
          OKAY. 
          SO YOU'RE LIVING THERE AND THE MAIN HOUSE AS WELL, OR NO, I DON'T, I DON'T LIVE IN, IN THE MAIN HOUSE BECAUSE IT IS, I'M, LIKE I SAID, UH, WE PULLED THE PERMITS AT THE BEGINNING TO REMODEL THE NEW HOUSE. 
          I MEAN THE, IN THE FRONT HOUSE, THE MAIN HOUSE. 
          AND THEN, UH, RIGHT NOW THAT HOUSE, THE MAIN HOUSE IS EMPTY. 
          OKAY. 
          OKAY. 
          BECAUSE WE ARE, WE, WHAT WE WANT IS JUST TO, TO, TO BE HONEST, AND, AND I DON'T HAVE TO HAVE ANY ISSUES WITH NOBODY, WITH NO, NO ISSUES WITH THE NEIGHBORS, NO ISSUES WITH THE CITY WITH. 
          SO WHAT WE DID IS PULL EVERYTHING OUT LIKE, LIKE IN BEDS AND, AND CLOTHES OUT OF THE MAIN HOUSE. 
          AND WE, WE, WE HAVE IT ON THE, ON THE SMALL BACK ON, ON THE SMALL HOUSE ON THE BACK. 
          AND SO YOU'RE CURRENTLY LIVING IN THE SMALL HOUSE IN THE BACK, THE SMALL STRUCTURE IN THE BACK, YES. 
          AND THAT'S BECAUSE OF THE MAIN STRUCTURE BEING UNDER RENOVATION OR JUST UNLIVABLE? IT'S, IT IS GOING TO BE ON THE ONNO UNDER RENOVATION. 
          I HAVEN'T STARTED YET. 
          'CAUSE I WOULD LIKE TO, TO GO STEP BY STEP. 
          I WANT TO, TO CLA TO CLARIFY THIS ISSUE, THE ONE WE HAVE RIGHT NOW. 
          AND THEN, AND THEN I WILL START DEMO OR, OR DO MY, WHATEVER I NEED TO DO IN THE FRONT MAIN HOUSE. 
          AND SO ONCE YOU MOVE INTO THE MAIN STRUCTURE, WHAT ARE YOUR PLANS FOR THE STRUCTURE THAT YOU'RE CURRENTLY LIVING IN NOW? THE BACK HOUSE. 
          WHAT ARE YOUR PLANS FOR THAT? OKAY. 
          UH, WE HAVE A, A DEEP, UH, WE HAVE THE DEEP RESTRICTION. 
          WE ARE NOT GONNA RENT THAT HOUSE. 
          I HAVE MY TWO DAUGHTERS, THEY ARE NOT HERE. 
          THEY ARE, THEY ARE ON LA SO WHEN THEY COME TO VISIT US, THEY'RE GONNA, THEY'RE GONNA, UH, HAVE HER OWN PLACE OVER THERE JUST TO, TO VISIT US. 
          BUT THE MAIN REASON IS, IS JUST TO, FOR 
          [02:15:01]
OUR DAUGHTERS, WE ARE NOT GONNA RENT. 
          THAT'S THE MAIN CONCERN. 
          WE ARE NOT GONNA RENT. 
          YES, WE WANT TO LEAVE EASTERN PEACE WITH EVERYONE. 
          WE DON'T WANT TO HAVE ANY ISSUES WITH NO ONE, ESPECIALLY WITH THE CITY. 
          OKAY. 
          UM, ALRIGHT. 
          OUR STAFF HAS GIVEN US ADDITIONAL PICTURES OF THE PROPERTY, UH, ON A PREVIOUS INSPECTION. 
          AND SO WE'RE GONNA, WE'RE GONNA UPLOAD THIS. 
          OKAY. 
          ALRIGHT. 
          WHO'S GONNA WALK US THROUGH THAT? MISS BOARD ADMINISTRATOR, YOU, ARE YOU GONNA WALK US THROUGH WHAT PICTURES HE SHOWS US OR SO YES. 
          I'LL SHARE 'EM FROM MY SCREEN AND MR. FRANKLIN. 
          OKAY. 
          THEN HE NEEDS TO GET TO A MICROPHONE. 
          YES. 
          WHAT WE'RE TRYING TO DO IS A BOARD IS APPLY THE STANDARD OF THE REQUEST. 
          THE REQUEST IS TO HAVE AN ADDITIONAL DWELLING UNIT IN A SINGLE FAMILY NEIGHBORHOOD, WHICH IS NORMALLY PROHIBITED. 
          THE WAY YOU GET A, THE WAY YOU GET PERMISSION IS BY COMING TO THE BOARD OF ADJUSTMENT AND CERTIFYING THAT IT WILL NOT EVER BE USED FOR ANY RENTAL ACCOMMODATIONS WHATSOEVER. 
          AND SECOND OF ALL, PROVE THAT IT DOES NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          SO THE, IN THE PROCESS WE'RE GOING THROUGH IS TO LOOK AT WHAT THE STRUCTURE WAS VERSUS WHAT THE STRUCTURE IS AND HOW THAT HAS AFFECTED THE NEIGHBORING PROPERTIES. 
          ALRIGHT. 
          I'M JUST WAITING ON IT TO COME THROUGH. 
          OKAY. 
          UH, CHAIRMAN, WE ARE WAITING FOR SOME TECHNOLOGY. 
          I SHOW. 
          I'M SHARING. 
          YOU'RE SHARING. 
          SO, OKAY. 
          [02:20:02]
OH, OKAY. 
          UH, MS. BOARD ADMINISTER, ARE YOU TAKING US THROUGH THIS OR MR. FRANKLIN? MR. FRANKLIN. 
          GOOD EVENING. 
          MR. CHAIRMAN. 
          UH, PANEL A MEMBERS WILLIE FRANKLIN, ASSISTANT DIRECTOR PLANNING AND DEVELOPMENT. 
          UM, IRONICALLY, I'M HERE TODAY, UH, BECAUSE I DID SPEAK WITH THE ARCHITECT, UM, ABOUT THIS PROPERTY. 
          UH, WE DID RECEIVE A REMODEL PERMIT FOR THE MAIN STRUCTURE, WHICH IS THE HOUSE ITSELF. 
          UM, IN PERMITTING, WE NOTICED THAT WE DID HAVE, UM, A POTENTIAL A DU. 
          SO I SENT AN INSPECTOR OUT TO KIND OF LOOK AT THE PROPERTY. 
          UM, WE WERE ALLOWED ACCESS TO TAKE PICTURES. 
          SO THAT'S WHAT I WOULD SCROLL THROUGH HERE. 
          UM, OUR INTERNAL RESEARCH SHOWS THE PROPERTY WAS APPROVED. 
          WELL, WE SHOW RECORD OF IT BEING A DETACHED GARAGE. 
          WE DO NOT HAVE A RECORD OF AN A DU. 
          UM, SO WITH THAT SAID, WE COULD NOT CONSIDER IT AT THE TIME A NON-CONFORMING STRUCTURE, WHICH IS WHY WE REQUIRED TO ABORT, UH, VARIANCE. 
          SO I'LL FLIP THROUGH THE PHOTOS OF WHAT OUR INSPECTOR TOOK AND IF YOU NEED ME TO SLOW DOWN, JUST, JUST SAY IT. 
          BUT THIS IS FROM THE BACKYARD FORWARD. 
          THAT LAST PICTURE? YES, SIR. 
          THIS IS US ACTUALLY ACCESSING THE, UM, THE FURTHEST OF THE BACKYARD TO THE PROPERTY LINE FACING THE PROPERTY. 
          AND THIS IS THE GARAGE, WHICH IS WHAT WE SHOW RECORD. 
          IT'S DIFFERENT FROM WHAT IT IS TODAY. 
          SO BASED ON SEEING THIS INFORMATION FROM OUR FIELD, OUR SITE VISIT, UM, IS WHY I RECOMMENDED A POTENTIALLY TALK TO THE BOARD ABOUT A VARIANCE TO REQUEST ONE. 
          UM, WE COULD NOT PERMIT THIS AS A NON-CONFORMING STRUCTURE 'CAUSE WE HAVE NO PROOF THAT IT WAS, THESE ARE APPROVED, UM, AS AN A DU, UM, AT THE, LET'S SAY 1980 FOR THE SAKE OF CONVERSATION. 
          UH, WE HAVE NO PROOF TO SAY THAT IT WAS AN A DU AT THAT TIME WE SHOWED WAS A GARAGE. 
          SO AT SOME POINT IT WAS CONVERTED. 
          HMM. 
          IF I MAY, YOU HAVE TWO LETTERS FROM THE FORMER OWNERS SAYING THAT THAT PART OF THE STRUCTURE WAS BEING USED AS AN APARTMENT BY THE PRIOR OWNERS AS EARLY AS 1980 SOMETHING THAT JUST MEANS IN 1980 IT WAS ILLEGAL , THAT'S ALL THAT MEANS? WELL, OR, OR THE ZONING ORDINANCE MAY HAVE CHANGED IN THE EN INTERIM. 
          YEAH, I DON'T THINK SO. 
          I MEAN, , THE, THE ORDINANCE IS IN PLACE TO PROTECT SINGLE FAMILY NEIGHBORHOODS. 
          AND IT'S TO SAY ON AN INDIVIDUAL PLOT OF LA PLAT OF LAND, YOU HAVE ONE SINGLE FAMILY RESIDENCE. 
          THAT'S WHAT THE ORDINANCE IS ALL ABOUT. 
          IF THERE'S AN ADDITION TO THAT, IT HAS TO BE APPROVED REQUIRING NO RENTAL, AND THAT IT WOULD NOT ADVERSELY AFFECT THE PROPERTY. 
          THAT'S WHAT THE ORDINANCE SAYS. 
          OF COURSE. 
          AND, AND THE, AND THE FIRST POINT IS ALREADY COVERED 'CAUSE WE'RE ALL IN AGREEMENT THAT IT WON'T BE FOR RENTAL AND WE'RE DOING A DEED RESTRICTION TO THAT EFFECT. 
          SO, YOU KNOW, THE, THE SECOND INQUIRY, I GUESS, IS THE REMAINING INQUIRY, WHICH IS ADVERSELY IMPACTING THE NEIGHBORHOOD. 
          AND IF YOU HAVE, I DON'T KNOW HOW MANY LETTERS OF SUPPORT FROM THE ADJOINING NEIGHBORS AND NONE IN OPPOSITION AREN'T WE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU MR. FRANKLIN. 
          YES, SIR. 
          ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY. 
          THE CHAIR WOULD ENTERTAIN A MOTION. 
          MR. CHAIRMAN, MR. HVI, I'M A, I'M AFRAID I HAVE TO ASK A QUESTION. 
          I'M NOT SURE I FULLY UNDERSTAND THE IMPLICATIONS OF WHAT WAS TESTIFIED TO BY THIS GENTLEMAN HERE. 
          MS. BOARD ADMINISTRATOR. 
          I THINK MR. FRANKLIN WAS JUST PROVIDING ADDITIONAL CLARIFICATION ON WHAT WAS ACTUALLY OUT THERE ON SITE AT THE TIME THAT THE HOMEOWNERS OR THE APPLICANT CAME BEFORE THE, UM, RESIDENTIAL DEPARTMENT FOR A PERMIT. 
          OKAY. 
          AND IF I UNDERSTOOD HIM CORRECTLY, THERE HAS BEEN NO, IF I UNDERSTOOD OVERALL, THERE'S BEEN NO PERMIT FOR THE RENOVATIONS DONE FOR THE A DU, CORRECT. 
          FOR THE A DU. 
          CORRECT, SIR. 
          FOR THE A DU. 
          SO WE DON'T, WE DON'T ISSUE OCCUPANCY PERMITS. 
          SO I I DON'T REALLY UNDERSTAND HOW WE'RE SUPPOSED TO CONSIDER THAT. 
          THE, I GUESS TECHNICALLY THAT, THAT 
          [02:25:02]
A DU IS NOT, UM, ELIGIBLE TO BE OCCUPIED BY ANYONE. 
          'CAUSE IT HASN'T BEEN PERMITTED FOR OCCUPANCY. 
          AM I CORRECT? SO WHAT I'LL, I'LL REINTERPRET THAT IS, CAN AN A DU BE OCCUPIED WITHOUT PERMITTED, WITHOUT PERMITTED PLUMBING, ELECTRICAL, ALL THOSE THINGS THAT ARE TYPICALLY INSIDE A SECOND RESIDENCE? NOT LEGALLY, NO, SIR. 
          OKAY. 
          SO, SO I DON'T KNOW. 
          SO I DON'T KNOW IF WE ARE IN A POSITION TO APPROVE SOMETHING THAT HAS NEVER BEEN PERMITTED IN THE FIRST PLACE BECAUSE CHAIRMAN, CHAIRMAN, CAN I SAY SOMETHING? THE, THE, UH, PLANNING STAFF ADVISED ME THAT THE CITY DESTROYS ALL RECORDS, UH, ALL BUILDING PERMIT RECORDS WITHIN SIX MONTHS BECAUSE OF A, UH, PRECEDENT SET IN THE, UH, IN THE STATE OF TEXAS ABOUT COPYRIGHT LAWS. 
          SO IT, IT MAKES SENSE TO ME THAT THE CITY HAS NO RECORDS OF THE APPROVAL OF THE A DU IF IT DESTROYS ALL THE RECORDS WITHIN SIX MONTHS. 
          OKAY. 
          I I'M CONFUSED. 
          YOU'RE SAYING THE CITY DESTROYS RECORDS AFTER SIX MONTHS? THAT'S THE ADVICE I, I RECEIVED. 
          I CAN'T, I CANNOT BELIEVE THE CITY DALLAS DESTROYS RECORDS AFTER SIX MONTHS. 
          WELL, THAT WAS THE ADVICE, I BELIEVE. 
          WHO, WHO, WHO GAVE YOU THAT ADVICE, SIR? UH, UH, I THINK IT WAS LORI LEWIS ACTUALLY, UM, SUBORDINATE TO WILLIE FRANKLIN. 
          MAY I, UH, PLEASE? THAT IS CORRECT. 
          LORI LEWIS IS A SUBORDINATE TO MYSELF, UH, FOR NEW CONSTRUCTION PERMITS. 
          THE CITY DOES ARCHIVE OLD PERMITS. 
          UM, AFTER SIX MONTHS AFTER INSPECTION, WE WILL ARCHIVE THE SITE PLAN AS WELL AS I BELIEVE THE FOUNDATION PLAN IS WHAT STAFF WOULD KEEP. 
          UH, WELL, CITY WOULD KEEP AS A RECORD. 
          AS FOR DESTROYING PLANS. 
          NO SIR. 
          I'M NOT FAMILIAR WITH DESTROYING ANYTHING. 
          UM, BUT LEGALLY WE HAVE TO, WE CAN ONLY KEEP THE SITE PLAN FOR RESIDENTIAL PROJECTS, SITE PLAN AND FOUNDATION PLAN SIX MONTHS AFTER AN APPROVED, UM, PERMIT ARCHIVE. 
          THE STRUCTURE HAS BEEN OCCUPIED SINCE THE EARLY TO MID 1980S BY SUCCESSIVE OWNERS. 
          OKAY, THANK YOU VERY MUCH, SIR. 
          THE CHAIRMAN WOULD ENTERTAIN A MOTION. 
          MR. OVITZ, UM, I MOVE THE BOARD OF ADJUSTMENT ON YOUR MICROPHONE, PLEASE. 
          I MOVE THE BOARD OF ADJUSTMENT IN REQUEST NUMBER BOA TWO SIX DASH 0 0 0 1 8 ON AN APPLICATION OF STEWART THREAD. 
          GOLD DENIED A SPECIAL EXCEPTION TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT NOT FOR RENT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OF EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BO 8 2 6 0 0 0 0 1 8. 
          MR. KOVI HAS MOVED TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR A ADDITIONAL DWELLING UNIT, NOT FOR RENT WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND. 
          SECONDED BY MR. DORN. 
          DISCUSSION ON THE MOTION. 
          MR. OVITZ. 
          UM, IN THE ABSENCE OF THERE BEING, UH, APPROVED PLANS BY THE CITY, THEN COM, IN MY OPINION, COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS CAN'T BE MET. 
          AND SINCE THAT'S A REQUIREMENT TO APPROVE IT, UM, I DON'T SEE ANY OTHER OPTION BUT TO DENY IT. 
          THANK YOU MR. KOVICH DISCUSSION ON THE MOTION. 
          MR. DORN? AGAIN, ECHOING. 
          UH, MR. HO KOVICH, UM, COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED AND THEY DON'T EXIST. 
          THANK YOU, MR. DORN. 
          MS. DAVIS? UH, I JUST WANTED TO ADD, I MEAN, THERE'S A LOT OF THINGS GOING ON WITH THIS CASE AND A LOT OF INCONSISTENCIES, AND I KNOW THAT THERE WERE SOME LETTERS OF SUPPORT IN OUR PACKET. 
          UNFORTUNATELY, WHEN WE CAN'T GET THE ANSWERS THAT WE NEED TO MAKE A DECISION, IT CAUSES US TO QUESTION EVERYTHING. 
          I MEAN, YOU SUPPLIED US WITH PHOTOS OF RENOVATIONS THAT WERE DONE ON A STRUCTURE THAT WAS NOT PERMITTED. 
          SO AGAIN, CREDIBILITY SHOT. 
          SO IN ADDITION TO THAT, THIS PLOT IS ONLY SUPPOSED TO HAVE ONE, UM, DWELLING UNIT ON IT. 
          AND, AND THO THOSE, UM, THOSE GUIDELINES ARE MADE FOR A REASON TO PRESERVE THE INTEGRITY OF THE NEIGHBORHOOD. 
          SO THAT IS WHY WE REALLY, UM, LOOK AT WHETHER OR NOT, UH, AN ADDITIONAL DWELLING UNIT MAKES SENSE. 
          AND IN THIS CASE, I REALLY BELIEVE THAT IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          SO I'M SUPPORTING THIS MOTION. 
          THANK YOU, MS. DAVIS. 
          UH, 
          [02:30:01]
I'LL BE SUPPORTING THE MOTION, UH, FOR WHAT MR. KOVICH ARTICULATED AS WELL AS WHAT MS. DAVIS ARTICULATED. 
          UM, THERE, THERE'S TOO MANY UNKNOWNS GOING ON HERE AS, AS IT RELATES TO WHAT WAS DONE, WHERE BY WHOM. 
          UM, AND SO, SO I'LL BE SUPPORTING THE MOTION TO DENY ANY OTHER DISCUSSION. 
          HEARING NONE, THE BOARD SECRETARY WILL CALL THE VOTE. 
          WHAT'S ON THE FLOOR IS A MOTION BY MR. HOPKOS, SECRETARY BY MR. DORN TO DENY THE REQUEST FOR A ADDITIONAL DWELLING UNIT FOR A ADDITIONAL DWELLING UNIT WITHOUT PREJUDICE. 
          MS. DAVIS? AYE. 
          MR. DORN? AYE. 
          MR. HAITZ AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO DENY PASSES FIVE TO ZERO IN THE MATTER OF BO 8 2 6 0 0 0 0 1 8. 
          THE BOARD UNANIMOUSLY AND A VOTE OF FIVE TO ZERO DENIES THE REQUEST FOR A SPECIAL EXCEPTION FOR AN ADDITIONAL DWELLING UNIT WITHOUT PREJUDICE. 
          YOU'LL GET AN EMAIL FROM OUR BOARD STAFF SHORTLY. 
          THANK YOU. 
          THE NEXT CASE FOR THE BOARD IS, UM, JUST ONE SECOND HERE. 
          IS BO A 2 6 0 0 0 0. 
          TWO THREE AT 1 0 0 0 0 INWOOD ROAD IS THE APPLICANT HERE? YES SIR. 
          PLEASE COME DOWN. 
          OKAY. 
          ONE SECOND. 
          IS IT, IS THIS ONE FOR EACH ONE OF US OR IS IT A GROUP? OKAY. 
          ALRIGHT, I'LL DO THAT IN A SECOND. 
          IF YOU HOLD ONE SECOND, SIR. 
          MS. BOARD, SECRETARY, TELL US WHAT SPEAKERS WE HAVE. 
          WE HAVE TWO SPEAKERS IN FAVOR, SIR. 
          OKAY. 
          OKAY. 
          HOLD ON A SECOND. 
          THIS IS, WHICH IS THE NUMBER? WHAT IS NUMBER IS THIS? THIS IS 23. 
          OKAY. 
          ALRIGHT, SIR. 
          IF, UH, ARE YOU TESTIFYING TODAY AS WELL, SIR? YES, SIR. 
          OKAY. 
          YOU BOTH STAND UP. 
          YOU'RE ALREADY UP, SO YOU'RE FINE. 
          OKAY. 
          UH, OUR BOARD SECRETARY WILL SWEAR YOU IN. 
          OKAY. 
          DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. 
          OKAY. 
          UM, WHEN YOU PROCEED, UM, PLEASE STATE YOUR NAME AND ADDRESS PLEASE. 
          OKAY. 
          SO ARE YOU MR. ISMAIL? YES. 
          MUHAMMAD ISMAIL MOHAM ISMAIL, THANK YOU FOR BEING WITH US. 
          ALRIGHT. 
          OUR RULES OR PROCEDURE ARE SUCH THAT THE APPLICANT GETS FIVE MINUTES TO PRESENT. 
          ANYONE ELSE THAT WANTS TO, UH, PRESENT, HE'S GIVEN FIVE MINUTES. 
          ALSO, ANYONE IN OPPOSITION GETS FIVE MINUTES, THEN YOU'RE ALLOWED TO REP REBUTTAL FOR FIVE MINUTES. 
          YOU'VE BEEN HERE FOR A LITTLE WHILE. 
          SO YOU SEE OUR PROCESS? YES, SIR. 
          I LEARNED A LOT. 
          SO, UM, WE ARE IN RECEIPT OF ADDITIONAL PICTURES. 
          MM-HMM . 
          FOUR PICTURES THAT I WILL PASS DOWN, PASS DOWN THE DEAL IN A SECOND HERE. 
          UM, YOU MAY PROCEED. 
          MY NAME IS MOHAMAD ISMAIL 1 3 0 8 BRARA DRIVE, PLANET, TEXAS. 
          AND I'M A BUILDER FOR THIS PROPERTY. 
          I WILL GO THROUGH WITH THE, THE PICTURE. 
          THIS IS THE ONE WHICH ON THE SIDE OF THE WALNUT HILL LANE AND I HAVE GIVEN OVER HERE, THE PROPERTY ITSELF IS STARTING FROM THE INWOOD TO THE WALNUT HILL LANE. 
          THE SITE IS HAVE A SLOPE ON THE WALNUT HILL LANE TOWARDS LIKE 4.5 FEET. 
          SO THE ELEVATION OF OUR HOUSE IS 4.5 FEET AWAY FROM THE 4.5 FEET FROM THE ROAD. 
          SO YOU CAN SEE THE SIX FEET FENCE IS COVERING ONLY THE LIKE, UH, BOTTOM OF THE HOUSE, EVEN THOUGH THIS IS THE CONSTRUCTION FENCE. 
          THIS IS SIX FEET FENCE. 
          IT'S COVERING ONLY THE BOTTOM OF THE HOUSE AND THE WHOLE HOUSE, YOU CAN SEE IT DIRECTLY BECAUSE THE HOUSE ITSELF IS 4.5 FEET, UH, ELEVATED FROM THE MAIN ROAD. 
          AND WHEN IT GOES TO THE INWARD, IT'S ON THE GROUND LEVEL, ON THE INWARD. 
          SO THE REASON OF ON COMING ON THE WALNUT HILLSIDE, IT'S ON THE SLOPE. 
          BUT WHEN WE HAVE THE STRAIGHT PATH INWARD IS ON THE LIKE GROUND. 
          AND WHEN WE COME TO THE WALNUT HILL, IT'S 4.5 FEET, UH, ELEVATED OF THE ROAD. 
          SO WE REQUEST FOR NINE FEET FENCE. 
          SO AT LEAST SOME PART OF THE WINDOWS AND DOORS WILL BE COVERED. 
          AND IT'LL BE LIKE, UH, SOME PRIVACY WILL REMAIN THERE. 
          THE HOUSE BEHIND OUR HOUSE HAVE LIKE SEVEN FEET FENCE, AND 
          [02:35:01]
THE HOUSE IN THE OPPOSITE TO THE HOUSE HAVE A SEVEN FEET FENCE. 
          BOTH HAVE A FULL BLOCKS, SEVEN FEET FENCE. 
          UM, BUT BOTH OF THEM ARE THE OLD HOUSE WITH A SINGLE, UH, STORY. 
          SO THEY ARE ALMOST COVERED, THEIR PRIVACY AND EVERYTHING. 
          OUR HOUSE IS DOUBLE STORY. 
          AND, UH, THE HEIGHT OF THE HOUSE IS A LITTLE BIT HIGH. 
          SO PROPORTION OF LIKE, UH, SEVEN FEET IS A LITTLE BIT NOT PROPORTION. 
          SO WE WOULD LIKE TO GO UP TO NINE FEET. 
          THIS IS THE REASON WE HAVE A REQUEST FOR THAT. 
          AND THE SECOND PART IS THAT THE VISIBILITY CORNER, UM, THE HOUSE, UH, OPPOSED TO OUR HOUSE HAVE LIKE ALMOST 10 FEET OF VISIBILITY, VISIBILITY, CORNER REQUEST FOR 30 FEET. 
          SO THAT, LIKE, WE CAN HAVE A DRIVEWAY IN THE INSIDE THE HOUSE. 
          INSTEAD, THE CITY REQUIRED 45 FEET. 
          WE REQUEST FOR THE 30 FEET VISIBILITY CORNER. 
          THE RIGHT NOW THE TREES AND ALL THIS THING HAVE LIKE, ALMOST NONE OF THEM. 
          BUT LIKE, ONCE WE BUILD THE HOUSE AND FENCE, WE WANT THE 30 FEET SO THAT LIKE ANY TRAFFIC IS TRENDING RIGHT, THEY CAN EASILY SEE THE TRAFFIC ON THE RIGHT SIDE. 
          THIS IS A SIGNAL. 
          THERE'S A SIGNAL ON THE WALNUT AND INWOOD. 
          I ALSO ADDED THE PICTURE OF THE HOUSE OPPOSED TO US, WHICH IS, YOU CAN SEE THE SEVEN FEET AND YOU CANNOT SEE THE HOUSE. 
          THIS IS THIS OPPOSITE TWO. 
          YES. 
          AND THERE IS A REFERENCE OF A NINE FEET FENCE. 
          THIS HOLLOWAY, UH, 1 0 0 7 HOLLOWAY. 
          IT IS LIKE SEVEN EIGHT HOUSE BEHIND OUR HOUSE, HAVE A NINE FEET FENCE. 
          AND EVEN YOU CANNOT SEE ANY WINDOW, ANY DOOR, EVEN THE TOP LEVEL OF THAT HOUSE. 
          YOU CANNOT SEE THAT ONE. 
          BUT LIKE IN OUR CASE, EVEN THE FENCE IS NINE FEET, THE FOUR AND A HALF FEET ON THE VOLATILE SIGN. 
          FOUR AND A HALF FEET WILL BE LIKE THE, THE BOTTOM OF THE HOUSE. 
          AND YOU CAN ONLY COVER A LITTLE PART OF THE HOUSE. 
          BUT THE IN WOOD SIDE, IT'S A LITTLE BIT, UH, DEFINITELY A LITTLE BIT HIGHER THAN THE FLOOR. 
          BUT, UH, STILL WE NEED A PRIVACY. 
          WE DON'T, WE HAVE A HARDSHIP ON THE CORNER, SO WE CANNOT GO VERY BACK. 
          UH, SIDE, OUR HOUSE IS VERY CLOSE TO THE, IT'S 40 FEET AWAY FROM THE FRONT SEAT SIDE. 
          THAT'S ALL FROM MY SIDE. 
          ANYTHING ELSE, SIR? YES. 
          OKAY. 
          YOU GO AHEAD SIR. 
          UH, GOOD EVENING. 
          UH, MY NAME IS SERGIO SANI, UH, 2076 HIDALGO LANE AT FRISCO, TEXAS. 
          UH, I AM THE HOMEOWNER. 
          HOPEFULLY, UH, WE'LL BE MOVING HERE ONCE THIS IS COMPLETE. 
          SO I'LL BE, HOPEFULLY WE'LL BE MOVING HERE ONCE THE HOUSE IS COMPLETE. 
          SO I'LL BECOME A, UH, DALLAS RESIDENT. 
          I STILL CANNOT HEAR YOU, SIR. 
          CAN YOU HEAR ME NOW? THAT'S MUCH BETTER. 
          OKAY, START OVER. 
          OKAY. 
          UH, SERGIO SERANI, 2076 HIDALGO LANE, FRISCO, TEXAS. 
          UH, I'M THE HOMEOWNER. 
          UH, LIKE, UH, MR. SMILE WAS EXPLAINING, THE HOUSE IS ON AN INCLINE FOR COMING DOWN FROM INWARD. 
          SO ONE, ONE CLARIFICATION. 
          YOU'RE THE HOMEOWNER OR YOUR COMPANY'S THE HOMEOWNER? MY COMPANY IS THE HOME. 
          OKAY. 
          BECAUSE WHEN YOU SAY I'M THE HOMEOWNER, IT SOUNDS LIKE YOU'RE LIVING IN IT. 
          WE PLAN. 
          SO WE PLAN TO LIVE IN THE HOUSE, YES. 
          OKAY, BUT YOUR COMPANY OWNS? YES. 
          OKAY. 
          BECAUSE THEY'RE DIFFERENT ENTITIES. 
          YES. 
          OKAY. 
          GO AHEAD. 
          UH, UH, THE HOUSE, UH, LIKE MR. SMILE WAS EXPLAINING, IS ON A, ON A INCLINE. 
          UH, AND, UH, IT'S ABOUT A FOUR AND A HALF FEET VARIATION FROM, FROM THE, UH, FROM INWARD TO WALNUT. 
          AND THE HOUSE IS SITTING ON THE GRADED, UH, SITE. 
          UM, AND THE HOUSE ACROSS, UH, HAS ABOUT, UH, ON THE TRIANGLE VISIBILITY TRIANGLE. 
          THE HOUSE ACROSS HAS, UH, ONLY 10 FEET, UH, BETWEEN THE CURB AND THE WALL. 
          UH, WE HAVE PROPOSED A 25 FEET DISTANCE FROM THE CURB TO THE WALL. 
          UH, AND THE HOUSE, UH, TO BUILD THAT HOUSE. 
          THERE WAS A HARDSHIP ON BECAUSE OF BOTH BUSY STREETS. 
          UH, THE CITY HAD, UH, PUT, UH, A VARIATION FOR 45 FEET FROM BOTH STREETS. 
          USUALLY, I THINK IT'S 45 FEET AND 20 FEET. 
          UM, YEAH, I THINK THAT'S IT. 
          IF YOU HAVE ANY QUESTIONS FOR US. 
          OKAY. 
          ARE THERE ANY OTHER SPEAKERS, MS. WILLIAMS? SHE'S NOT HERE. 
          I GUESS THAT'S IT. 
          JUST THOSE TWO SPEAKERS. 
          OKAY. 
          ALRIGHT. 
          SO GENTLEMEN, I'LL ASK A FEW QUESTIONS. 
          MS. WILLIAMS, THESE ARE THE ONLY TWO SPEAKERS, CORRECT? THAT IS CORRECT, SIR. 
          OKAY. 
          ALRIGHT. 
          UM, SO 
          [02:40:01]
I'M GONNA DIVIDE AND CONQUER HERE. 
          SO, WHO AM I SPEAKING TO? THE APPLICANT OR THE OWNER? WHICH ONE? JUDGE, WHAT'S THAT? OKAY, I'VE GOT, WE HAVE FIVE REQUESTS IN FRONT OF US. 
          THE VISIBLY TRIANGLE THAT'S AT THE CORNER. 
          AND THEN OPACITY, AND THEN HEIGHT. 
          HEIGHT ON BOTH SIDES. 
          INWOOD AND WALNUT HILL OPACITY ON BOTH SIDES. 
          INWOOD AND WALNUT HILL. 
          AND THEN THE CORNER VISIBILITY TRIANGLE. 
          ALRIGHT, I'LL DO THE EASIEST ONE FIRST. 
          YOU READY? HOW IN THE WORLD CAN YOU EXPECT US TO CONSIDER GRANTING THAT NARROWER VISIBILITY AT THE CORNER ON THAT BUSY, OH MY GOSH. 
          CORNER. 
          SO CURRENTLY IF YOU LOOK, THERE'S, UH, VEGETATION, UH, GRASS ON THE SITE, WHICH HAS ZERO VISIBILITY. 
          IF YOU LOOK AT THAT INTERSECTION AND THAT, I'VE OWNED THAT LAND FOR ABOUT TWO, THREE YEARS. 
          AND YES, BUT THE MOMENT YOU TOUCH IT, IT'S YOURS. 
          NO. 
          SO THAT'S, UH, I, I'M, SO CURRENTLY IT'S, IT LIKE YOU BUILD THE SIDEWALK IS REQUIRED. 
          YOU HAVE TO PUT THE SIDEWALK IN THE CITY, WAITS FOR YOU TO BUILD. 
          THEN THEY SAY PUT A SIDEWALK IN. 
          AND THERE THERE'S A SIDEWALK RIGHT NOW. 
          AND, AND, AND THE GRASS, UH, THE VEGETATION FENCE, THAT IS THE LANDSCAPING. 
          THAT IS, THAT WAS THE, THE LANDSCAPE FENCE THAT WAS AROUND THE PROPERTY THAT TOUCHES THE, UH, THE SIDEWALK RIGHT ACROSS THE OTHER HOUSE ACROSS FROM THE CURB. 
          THAT VISIBILITY TRIANGLE IS 10 FEET AWAY. 
          THE WALL ON THAT CURB IS 10 FEET AWAY. 
          THE, WHAT WE ARE ASKING IS 25 FEET VARIANCE. 
          SO ONCE WE BUILD A WALL, ACTUALLY THERE'LL BE MORE, MORE VISIBILITY THAN WHAT IT IS RIGHT NOW. 
          LIKE I SAID, THE EASY ONE WAS THE CORNER DEAL. 
          I CAN'T SUPPORT THAT AT ALL WHATSOEVER. 
          IT'S GONNA BE A VERY HARD ASK, BUT I'M JUST ONE VOTE. 
          UM, SO ANOTHER REASON WE NEED TO HAVE THAT IS WE WOULD LIKE TO HAVE THAT IS THAT INSIDE THE HOUSE, THERE'S A DRIVEWAY GOING FROM, UH, FROM THE INWARD SIDE OF THE HOUSE TO THE WALNUT SIDE OF THE HOUSE. 
          UH, BECAUSE, UH, UH, UH, ANY VEHICLE WITH LOW CLEARANCE WON'T BE ABLE TO, UH, COME UP THE RAMP ON THE WALNUT SIDE BECAUSE IT'S ABOUT FOUR AND A HALF FEET, UH, SLOPE. 
          UH, TO BUILD THAT, UH, DRIVEWAY. 
          THERE'S A TREE IN BETWEEN THE HOUSE AND, UH, THE, THERE'S A LARGE TREE BETWEEN THE HOUSE AND THE CLEARANCE. 
          SO IF THERE'S NOT ENOUGH SPACE, WE WON'T BE ABLE TO BUILD THAT DRIVEWAY GOING FROM THAT ONE CORNER TO THE OTHER CORNER OF THE HOUSE. 
          I HEAR YOU. 
          BUT YOU CHOSE WHERE TO LAY THE BOUNDARIES OF YOUR FOUNDATION AND PRESUMABLY WHEN YOU OR YOUR COMPANY, WHOEVER'S GONNA LIVE THERE, UH, PURCHASE THE PROPERTY. 
          YOU SAW THE LAND OF THE PROPERTY AND THE SLOPE. 
          AND THE CORNER AND UM, I THINK YOUR COMPANY BUILDS HOUSES OR HIS COMPANY OR HIS COMPANY, COMBINED COMPANY. 
          YOU HAVE THE SAME ADDRESS. 
          SO IT'S THE SAME COMPANY, BOTH HILDAGO, RIGHT? NO, THE HI HIDALGO IS WHERE I LIVE RIGHT NOW. 
          YEAH. 
          IT'S BOTH THE APPLICANT AND YOU HAVE THE SAME ADDRESS. 
          HE, HE, THEY, HE PROBABLY SIRI AT 2076 HIDALGO. 
          AND THAT'S MY CURRENT RESIDENCE. 
          EIGHT BUILDERS, LLC. 
          SAME ADDRESS, 1 0 8 20 76 AND 2076 SHOWS UP IN OUR RECORDS, BOTH ADDRESSES, BUT OKAY, THAT'S HERE AND NOR THERE. 
          SO WHEN I'M CONVEYING TO YOU THAT CORNER, VISIBLY TRIANGLE AT THAT BUSY, OH MY GOSH. 
          ON THE SAME INTERSECTION IN OUR BRIEFING THIS MORNING, THIS IS, I'M ASKING YOU, SORRY. 
          IN OUR BRIEFING THIS MORNING, WE STUDIED THAT CORNER OVER AND OVER AGAIN AND HAD THE, OUR STAFFER THAT WENT THROUGH IT STOP AND SCAN HOW MANY LANES ARE COMING EACH DIRECTIONS AND NORTH AND SOUTH. 
          AND INWOOD, I JUST, I'M UNCONVINCED THAT THERE'S NOT A SAFETY HAZARD AT THAT CORNER. 
          SO, SO IN ADDITION, OUR STAFF OF WHICH I WANT YOU TO KNOW, I LOVE OUR STAFF, BUT I DON'T ALWAYS AGREE WITH OUR STAFF. 
          OUR STAFF LOOKY THERE RECOMMENDED DENIAL OF THE, THE, UH, VISIBILITY TRIANGLE REQUEST. 
          SO NOW YOU CAN RESPOND. 
          SO CURRENTLY WHAT YOU'RE SAYING, CURRENTLY THERE IS NO VISIBILITY AND I GET THAT I, I BOUGHT THE LAND, I'M RESPONSIBLE, I'VE HEARD THIS 10 TIMES TODAY. 
          AND SO IT'S MY RESPONSIBILITY. 
          THE HOUSE THAT IS RIGHT ACROSS THE STREET, THEIR VISIBILITY TRIANGLE IS 10 FEET FROM THE CURB RIGHT NOW. 
          AND WHAT WE ARE PROPOSING TO BUILD OUR 25 FEET AWAY FROM THE CURB. 
          SO ON THE SAME INTERSECTION, SOMEHOW SOMEBODY WAS ABLE TO GET A PERMIT TO BUILD, UH, AT ON 10 FEET. 
          AND I'M NOT GONNA GET TO 25 FEET, WHICH IS, WELL, YOU'RE 150% MORE. 
          YOU'RE PARKED BECAUSE YOU HAVE A 40 FOOT BUILDING SETBACK LINE. 
          SORRY. 
          YOU HAVE A 40 FOOT SETBACK. 
          YES. 
          SO THAT'S WHY YOU'RE PARKED WHERE YOU ARE AT . 
          NO, IT'S NOT BECAUSE OF THE TOPOGRAPHY, IT'S BECAUSE OF THE SETBACK . 
          SO, I MEAN, I'M JUST LOOKING AT WHAT THE PLANS YOU SUBMITTED AND SQUINTING EYES AND THERE IT SAYS 40 FOOT BUILDING SETBACK LINE. 
          [02:45:01]
SO AGAIN, TO THE CORNER, THAT'S A SAFETY ISSUE WITH ME. 
          I HAVE NOT HEARD ANYTHING YET THAT SAYS THAT YOU DO NOT VIEW, THERE IS A SAFETY ISSUE BY SHRINKING THAT FROM 45 FEET TO 20. 
          WHAT, WHAT I'M ASKING THE BOARD IS THAT IF'S A SAFETY ISSUE FOR THE LAST THREE YEARS I'VE OWNED THE LAND THERE. 
          THERE'S ZERO IS AND BY GOSH, NOW WE'RE GONNA CORRECT THAT SAFETY ISSUE. 
          . 
          AND, AND NOW, AND ON THE SAME INTERSECTION RIGHT ACROSS THE HOUSES, UH, THAT, THAT THE VISIBILITY TRIANGLES ONLY 10 FEET. 
          OKAY. 
          I'M LOOKING HERE A SECOND HERE. 
          ON THE SAME, VERY SAME INTERSECTION. 
          A SPECIAL EXCEPTION OF THE 45 VISIBLY OBSTRUCTION INTERSECTION. 
          SO WHAT IS REQUIRED, HOLD ON, I'M TRYING TO LOOK. 
          MS. MS, UH, BOARD ADMINISTRATOR, THEY'RE ASKING FOR HOW MUCH CHANGE IN THE, UH, SPECIAL EXCEPTION OF THE VISIBILITY. 
          IT SAYS A REQUEST OF SPECIAL ACCEPTION OF VISIBLE OBSTRUCTION REGULATE THE NORTHEAST CORNER, INWOOD AND WALNUT HILL. 
          BUT I DON'T SEE THE DIFFERENCE. 
          OR THEY'RE ASKING FOR THE TOTAL WAIVER. 
          NO, NO, WE ARE ON, SORRY, I'M TRYING TO DO THE EASY ONE FIRST. 
          I'LL LET MS. KU EXPOUND. 
          I'M SORRY. 
          OH, MS. BARUM, I LOVE WHEN YOU'RE SPEAKING THEY, THEY ARE PROPOSING A 30 FOOT VISIBILITY TRIANGLE. 
          SO IT'S A 15, A 15 FOOT DIFFERENCE. 
          YES. 
          15 FEET DIFFERENCE. 
          YES. 
          ONE, FIVE. 
          YES. 
          45 IS WHAT THE CODE SAYS. 
          AND THEY'RE ASKING FOR 30 30. 
          THEY'RE PROPOSING THE 30. 
          OKAY. 
          THANK YOU. 
          ALRIGHT. 
          SO 15 FEET IS THE DIFFERENCE ON THOSE ANGLES. 
          OKAY. 
          ALRIGHT. 
          ANY QUESTIONS FROM THE STAFF FROM THE BOARD REGARDING THE VISIBILITY TRIANGLE, MS. DAVIS? WE'RE GONNA DO IT THIS WAY. 
          WE'RE GONNA, DO WE? YEAH, EITHER ONE, BUT ON THE VISIBILITY TRIANGLE. 
          SO THAT'S WHAT WE'RE GONNA DO BY EACH OF THE FIVE REQUESTS. 
          HOW'S THAT? SO FIRST ONE IS WE'RE TALKING ABOUT IS THE VISIBLY TRIANGLE. 
          OKAY. 
          SO DID YOU SAY, SO YOUR VISIBILITY TRIANGLE IS HERE, YOU'RE SAYING THE HOUSE RIGHT NEXT TO YOU HAS A 10 FOOT YES. 
          FROM THE CURB. 
          YEAH. 
          THE WALL IS 10 FEET AWAY. 
          OKAY. 
          AND WE, WHAT WE ARE PROPOSING, WE BUILD A WALL. 
          I, I 30 FEET AWAY. 
          SO EVERY TIME YOU SAY THAT FOR ME, THAT'S EVEN MORE REASON THAT YOU NEED TO MAKE SURE YOU'RE COMPLIANT BECAUSE YOU NEED TO BE ABLE TO SEE THAT IS A VERY, VERY BI BUSY INTERSECTION. 
          SO I I I'M NOT GOING BACK AND FORTH. 
          I'M JUST TELLING YOU EVERY TIME YOU SAY THAT, THAT REINFORCES THAT I AM NOT SUPPORTING YOU BUILDING THAT. 
          SO THAT IS ON THE SAME INTERSECTION ACROSS THE STREET? NO. 
          OKAY. 
          MS. BORDER ADMINISTRATOR IN OUR PACKET. 
          PAGE 69, THE FIRST PAGE. 
          WHERE DOES IT SAY THAT IT'S A 30 FOOT CHANGE FROM 45 TO 30? 'CAUSE I'M LOOKING FOR, I ALWAYS SCAN DOCUMENTS WITH NUMBERS. 
          I'LL COME BACK TO YOU IN ONE SECOND. 
          SIR. 
          DO YOU SEE WHAT I'M TRYING TO GET AT? I'M TRYING TO SAY, TELL ME WHERE IT SHOWS THEY'RE ASKING FOR A 15 FOOT CHANGE OR TO 30. 
          I DON'T SEE IT. 
          NO. 
          WELL, I, THE DRAWINGS I HAVE TO SQUINT BEYOND. 
          ALRIGHT, SO IT'S NOT PROVIDED, IT'S JUST SAYING THAT THEY'RE SEEKING A RELIEF FROM THAT 45. 
          SHOULD IT NOT SAY WHAT THE RELIEF IS TO 71. 
          OH, THANK YOU. 
          OKAY, GO AHEAD. 
          THERE IT IS. 
          THANK YOU VERY MUCH. 
          TOP OF 71. 
          OKAY. 
          IT SAYS OBSTRUCTION TRIANGLE OF THE STREET. 
          INTERSECTION OF ROLLING HILL PROVIDED 30 FOOT VISIT TRIANGLE PRO. 
          A 15 MINUTE, 15 FOOT CORROSION VIS TRIANGLE. 
          THAT'S WHAT I WANTED TO SEE. 
          I JUST WANT TO SEE IT IN WRITING. 
          THAT'S THE MAIN THING. 
          OKAY, SO IT'S TYPICALLY NOT ADDED IN THE ACTUAL REQUEST, IS IT? OKAY. 
          I JUST WANNA MAKE GENERAL IT'S THE CASE REPORT ANALYSIS. 
          YES. 
          OKAY. 
          QUESTIONS FROM THE BOARD TO THE APPLICANT OR THE SPEAKER REGARDING THE VISIBLY TRIANGLE. 
          MR. KOVI. 
          NOW I, MY ONLY COMMENT TO THE NEIGHBORING PROPERTY IS, IS WE DON'T HAVE ANYTHING THAT TELLS US THAT THAT'S, THAT WAS AN APPROVED, UH, THING FOR THEM TO HAVE. 
          THEY COULD VERY WELL BE IN VIOLATION. 
          SO, UM, YOU KNOW, REALLY THE FACT THAT THEY HAVE THAT DOESN'T MEAN, FIRST OF ALL, IT DOESN'T MEAN BECAUSE BECAUSE ONE PERSON HAS IT DOESN'T MEAN THE OTHER PERSON GETS IT. 
          OTHERWISE EVERYONE WOULD HAVE 10 FOOT VISIBILITY TRIANGLES DOWN THE ROAD. 
          'CAUSE 'CAUSE THE GUY NEXT TO ME HAS IT. 
          SO, BUT, BUT WE DON'T KNOW IF THAT'S EVEN LEGAL FOR THEM TO HAVE THAT. 
          SO, UM, I UNDERSTAND YOUR POINT, BUT THEY COULD BE COMPLETELY, UH, ILLEGAL IN THAT RESPECT. 
          OUR CRITERIA, SIR SIRS, IS THE SPECIAL EXCEPTION, WILL NOT CONSTITUTE A TRAFFIC HAZARD. 
          THAT'S, THAT'S OUR, THAT'S WHAT WE'RE ZEROING IN ON. 
          SO WHAT WE WANNA DO IS COMPARE YOUR REQUEST WITH THE LOCATION AND THAT'S STANDARD. 
          OKAY. 
          CAN, CAN I ANSWER THAT? UM, I DISCUSSED WITH, UH, CLOSER TO THE MICROPHONE PLEASE. 
          OKAY. 
          I DISCUSSED WITH THE CITY PEOPLE AND UH, WHEN I EARLIER I PROPOSED FOR 25 FEET AND THEY DISCUSS, UH, BECAUSE IT'S A SIGNAL, 
          [02:50:01]
25 FEET IS VERY LESS. 
          SO YOU HAVE TO GO FOR 30 FEET AT LEAST THE CORNER SO THAT PEOPLE CAN, WHEN THEY STOP ON THE SIGNAL, THEY CAN SEE THE OTHER SIDE. 
          SO THIS IS THE REASON WE PUT 30 FEET VARIANCE REQUEST RIGHT NOW. 
          I HEAR YOU. 
          THANK YOU. 
          I'M NOT CONVINCED, BUT I HEAR YOU. 
          OKAY. 
          UM, I'M GONNA, WE'RE STILL TALKING ABOUT, ABOUT VISIBILITY TRIANGLES ON OUR DOCKET. 
          PAGE 87. 
          UM, CAN YOU PULL THAT UP? CAMIKA MS. OH, SORRY. 
          EXCUSE ME. 
          MS. BOARD ADMINISTRATOR. 
          THIS PAGE? YES. 
          WHAT PAGE? IT'S 87 OF THE DOCKET. 
          YES. 
          IS THAT, THAT'LL ILLUSTRATE WHAT WE'RE TALKING ABOUT. 
          CAN I SHARE? THANK YOU. 
          SHE'S GONNA BRING, SHE'S GONNA PUT IT UP ON OUR SCREEN. 
          OH, PERFECT. 
          YEAH, IT'S COMING UP ON HER SCREEN. 
          YOU SEE? LOOKING FOR IT? YES. 
          GOOD FOR HIM. 
          IT'S, IT'S GONNA COME UP. 
          HERE IT COMES. 
          THERE IT IS. 
          OKAY. 
          CAN YOU GET, CAN YOU ZOOM A LITTLE BIT CLOSER? YES. 
          FOR US TO SEE SO WE DON'T HAVE TO SQUINT SO MUCH. 
          OKAY. 
          AGAIN, THAT ONE MORE, OR THAT'S GOOD FOR NOW. 
          THERE WE GO. 
          OH NO, GO BACK. 
          I'M SORRY. 
          ONE MORE BACK SO I CAN LOOK AT THE TOP TWO AT THE SAME TIME. 
          I'M SORRY. 
          THAT'S ALL RIGHT. 
          SO I NEED TO ZOOM OUT SOME MORE. 
          YES, PLEASE. 
          TRYING LOOK AT, BUT THIS IS GOOD FOR, FOR THE REST OF THE DISCUSSION. 
          ALRIGHT. 
          RIGHT THERE. 
          I GUESS, CAN YOU SCROLL IN THE DIRECTION JUST A LITTLE BIT SO WE CAN SEE THE TOP AND THE BOTTOM AT THE SAME TIME? I'M TALKING ABOUT THE ENTRANCE AND EXITS. 
          OH, HOLD ON. 
          AND I DON'T KNOW WHO, HOLD ON. 
          I DON'T KNOW IF I'M GONNA ASK THIS OF YOU. 
          MS. BOARD ADMINISTRATOR OR MS. BARCO OR MR. THOMPSON? WHO DID THIS ONE? MR. THOMPSON. 
          OH, MR. GREGORY DID IT. 
          OKAY. 
          OKAY. 
          GIMME ONE SECOND. 
          WHAT? YOU SAID IT WAS PAGE 87? YES. 
          87. 
          I'M GONNA ASK QUESTIONS ABOUT THIS. 
          IS THAT GOOD THERE? WE'LL STOP THERE. 
          OKAY. 
          OKAY. 
          ALRIGHT. 
          IF YOU GENTLEMEN, IF YOU'D SEE THIS. 
          OKAY, SO THIS IS WHAT WE'RE LOOKING AT. 
          WE'RE LOOKING AT THE, THE DESIGN THAT YOU GAVE US THAT YOU GAVE THE STAFF. 
          AND WE'RE LOOKING AT, FIRST OF ALL, AT THE CORNER, THE LEFT CORNER AT THE CORNER OF INWOOD AND WALNUT HILL. 
          AND YOU CAN SEE IT'S SLIGHTLY IN RED SHOWING IT'S, IT'S NOT AS, YOUR REQUEST IS NOT EQUAL TO WHAT, WHAT WE'RE, WE'RE THE CITY STANDARD IS. 
          ALRIGHT. 
          SO THAT'S, THAT'S AN ISSUE FOR THE BOARD TO DEAL WITH. 
          ALRIGHT. 
          SO THE DRIVEWAY YOU HAVE OFF OF WALNUT HILL LANE AND THE DRIVEWAY YOU HAVE OF INWOOD ROAD, ARE YOU PROVIDING ENOUGH VISIBILITY TRIANGLE FOR BOTH OF THOSE? YEAH, I, YES, I BELIEVE THAT. 
          UH, IT'S, UH, I THINK, UH, 20, 20 FEET. 
          AND THAT'S WHAT, UH, THAT'S, UH, I THINK THE CODE IS 20 FEET. 
          I'M NOT SURE. 
          MS. COMB, COULD YOU GO ON THE RECORD HERE? I WANT IN THE PICTURES WE SAW THIS MORNING. 
          WHOA. 
          IT LOOKS AWFUL CLOSE. 
          NOW I'M LOOKING AT YOU. 
          I'M NOT LOOKING AT ANYONE ELSE. 
          IT LOOKS AWFUL CLOSE. 
          SO, MS. BARKUM, WE'RE NOT TALKING ABOUT THE LEFT, THE, THE CORNER ANYMORE BECAUSE THAT WE, I DON'T THINK THEY'RE DEBATING. 
          THEY, THEY THINK THIRTY'S ENOUGH. 
          WE THINK WHATEVER. 
          OKAY, THE DRIVEWAY. 
          LET'S, CAN YOU YES, MS. MILLER HOSKINS, CAN YOU ZERO IN ON THE BOTTOM DRIVEWAY SO WE CAN SEE? OH, THERE YOU GO. 
          NOW JUST MOVE. 
          THERE YOU GO. 
          OKAY. 
          SO TELL ME WHAT THOSE RED ARROWS MEAN ON THE BOTTOM RIGHT, MS. BARKUM, SHOULD I BE CONCERNED ABOUT THAT? NO, THEY'RE JUST SHOWING THE DISTANCE FROM THE PROPERTY LINE TO THE, UM, THE RADIUS SO THAT THE INFAMOUS, UH, VISIBILITY TRIANGLE. 
          HOW IS IT THAT THEY ARE, THEY ARE MEETING THAT AT THAT CORNER. 
          YOU COULD DO IT WITH YOUR CURSOR IF YOU NEED TO. 
          HOW IS IT THEY'RE MEETING BECAUSE OF THIS ANGLE UP OR THE, THIS DISTANCE? THIS, THIS IS THE FENCE RIGHT HERE. 
          RIGHT THERE, RIGHT THERE. 
          THAT'S THE FENCE. 
          OKAY, KEEP GOING. 
          WE TAKE HOPE. 
          EVERYONE'S SEEING THIS. 
          WE TAKE THE VISIBILITY TRIANGLE FROM HERE, 20 FEET UP AND HERE, 20 FEET ACROSS, AND THEN WE CONNECT IT. 
          SO NOTHING COULD BE WITHIN THIS VISIBILITY TRIANGLE RIGHT HERE. 
          ALL RIGHT. 
          AND THE SAME THING ON THE OTHER SIDE. 
          CORRECT? SAME THING ON THIS SIDE. 
          SO THEY'RE MEETING THOSE, THAT 
          [02:55:01]
VISIBILITY TRIANGLE. 
          OKAY. 
          YET, SIR, YOU'RE SAYING THAT YOU HAVE A DROP OFF OF A SLOPE LOWER AT THE STREET THAN AT YOUR BUILDING LINE? YES. 
          OKAY. 
          HMM. 
          WOW. 
          THAT'S GONNA BE DANGEROUS COMING OFF A WALNUT HILL. 
          WOW. 
          IS THAT GONNA BE DANGEROUS? SIX LANES DIVIDED. 
          THAT'S JUST GONNA BE DANGEROUS. 
          YOU'RE ABSOLUTELY SURE THAT MEETS THE STANDARD. 
          YES. 
          WE, WE MEASURE THE VISIBILITY TRIANGLE. 
          THAT'S IT. 
          EVERYTHING ELSE HAS TO GO THROUGH I, I I UNDERSTAND REVIEW. 
          I I CAN ONLY ASK YOU TO WHAT THE STANDARD IS, CORRECT? YES. 
          SO THAT MEASURES TO 20 FEET. 
          OKAY. 
          GO TO THE OTHER CORNER. 
          THANK YOU. 
          RIGHT THERE. 
          SAME, SAME QUESTIONS THERE. 
          CORRECT. 
          IT WAS MEASURED THE SAME WAY. 
          AND THEY'VE MET THE 20 FOOT VISIBILITY TRIANGLE. 
          THE, THE FENCE JOGS AROUND THE VISIBILITY TRIANGLE. 
          I'M NOT AS WORRIED ABOUT THAT ONE. 
          'CAUSE THAT'S ONLY TWO LANES  AS OPPOSED TO WALNUT HILL, WHICH IS THREE AND A HALF WITH A TURNING LANE, BUT, OKAY. 
          ALRIGHT. 
          GO BACK TO THE ONE ON THE BOTTOM PLEASE. 
          CURSOR BACK IF YOU WOULD. 
          OH, THAT'S A TENNIS COURT YOU'RE PUTTING IN. 
          OKAY. 
          MS. MILLER, HOSKINS, GO TO THE BOTTOM, JUST CUR HER DOWN OR WHATEVER. 
          THANK YOU. 
          ALRIGHT, HELP ME WITH THIS PICTURE YOU GAVE US. 
          THIS IS THE GARAGE DOOR, I THINK WHAT YOU'RE SAYING, RIGHT? YES, SIR. 
          SO IF I LOOK, DO YOU SAY WHERE YOU SAY THE GARAGE IS? YES, SIR. 
          RIGHT. 
          SO, AND YOU'RE, AND ALRIGHT, SO THIS ONE, WHERE IS THIS PICTURE? THIS IS ALSO WALNUT HILL SIDE. 
          I CAN'T HEAR YOU. 
          WALNUT HILL SIDE. 
          IT IS ON THE WALNUT HILL SIDE. 
          WHERE? ON THE CORNER WHERE YOU CAN SEE THE SLOPE. 
          I KNOW, BUT WHERE ALONG THIS IS NOT THE GARAGE IS, IS IT TO THE OTHER SIDE OF THE GARAGE? YES. 
          YES, YOU ARE EXACTLY RIGHT. 
          BECAUSE I DON'T SEE SLOPE HERE IN FRONT OF THE GARAGE. 
          I DON'T SEE SLOPE. 
          I SEE SLOPE HERE, BUT I DON'T SEE SLOPE HERE. 
          YEAH, BECAUSE OF THE VEGETATION. 
          ALL THIS THING, YOU DON'T FEEL IT, BUT IT IS LIKE FROM THE, UH, FROM THE GROUND, FROM THE STREET, IT'S 4.5 FEET. 
          I SEE A SLOPE, BUT I DON'T SEE ANY SLOPE HERE, IS WHAT I'M SAYING TO YOU. 
          YEAH. 
          IT, IT IS THERE BECAUSE IF YOU STAND UP ON THE GARAGE, YOU CAN SEE THE ROAD VERY CLEARLY. 
          OKAY. 
          OKAY. 
          UM, WHY IS IT THAT YOU NEED A, UH, SO YOU'RE SAYING THE BASIS OF YOU WANTING NINE FEET IS 'CAUSE OF THE SLOPE? YES. 
          A SLOPE AND PLUS THE PRIVACY OF THE HOME, UH, BECAUSE OF THE WINDOWS AND EVERYTHING IS UNFORTUNATELY THAT'S NOT IN THE CODE. 
          OKAY. 
          YOU'RE SMILING 'CAUSE YOU GUYS KNOW THAT ALREADY. 
          IT'S JUST NOT, BUT YOU CAN SAY IT. 
          I MEAN, IT'S HONEST. 
          YOU'RE, YOU YOU CAN SAY THAT. 
          OKAY. 
          UM, QUESTIONS FROM THE BOARD REGARDING THE HEIGHT OF THE FENCE ON WALNUT HILL AND ON INWOOD. 
          AND THEN WE'RE GONNA DO OPACITY LAST QUESTIONS TO THE APPLICANT. 
          ON THE HEIGHT OF THE FENCE, OUR STANDARD, OUR STANDARD AND THE VISIBILITY TRIANGLE IS, UM, SPECIAL ACCEPTABLE, NOT CONSTITUTE TRAFFIC HAZARD. 
          OUR STANDARD ON THE HEIGHT IS A SPECIAL EXCEPTIONAL, NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. 
          NINE FEET, A TALL FENCE. 
          SO CAN I, ONE, I WAS SMILING BECAUSE I MEAN, I'M AMAZED WITH THE PROCESS. 
          UH, UH, UH, WHAT, WHAT PROCESS? THIS, THIS? YEAH. 
          YEAH. 
          IT'S A, UH, SO IT'S MY FIRST TIME HERE OUT LIKE THIS. 
          SO, SO WHAT ABOUT THE FENCE? A LITTLE BIT CLOSER TO THE MICROPHONE ABOUT THE FENCE? UH, THE, THE, THE FENCE THAT YOU SEE RIGHT NOW, THE CONSTRUCTION FENCE THAT'S ON THE, ON THE, ON THE GROUND LEVEL. 
          AND IT'S SIX FEET HIGH, WHICH, WHICH ALIGNS WITH THE BOTTOM OF THE GARAGE THAT IS VISIBLE. 
          SO IF THE WALL IS SIX FEET, YOU CAN SEE THE WHOLE HOUSE, WHOLE GARAGE FROM, UH, FROM THE, FROM THE ROAD. 
          SO THAT'S WHY THE VARIANCE IS FOR NINE FEET. 
          BUT, BUT YOU CHOSE TO BUILD IT TWO STORIES AT THAT LOCATION? NO, EVEN IF I DIDN'T CHOOSE TO BUILD IT, THAT GRADE LEVEL THAT HAS TO BE GRADED, RIGHT? THE, THE, THE SIDE ON THE INWARD WHEN IT COMES DOWN HAS TO BE GRADED. 
          THE HOUSE COULD NOT BE BUILT ON AN INCLINE. 
          WELL, YOU CAN'T BUILD IT ANY CLOSER. 
          'CAUSE OF THE BUILD LINE. 
          YEAH. 
          THAT 40 FOOT SETBACK BUILD LINE. 
          UM, YOU'D HAVE TO GET A GRADING PERMIT TO GRADE IT TO CHANGE THE, THE, THE TOPOGRAPHY I THINK. 
          I DON'T KNOW. 
          UH, BUT TO PUT THE DRIVEWAY IN, AS YOU HAVE IN THE PLANS HERE THAT SUPPORT THE WALL, THAT SUPPORT THE HOUSE, YOU'RE GONNA HAVE TO, THIS IS GONNA HAVE TO BE, 
          [03:00:01]
YOU'RE GONNA HAVE TO FILL ALL THIS IN. 
          YOU'RE GONNA HAVE TO GET A FILL PERMIT TOO, AREN'T YOU? NO, NO, NO. 
          IF WE WON'T GRADE IT, WE WILL LEAVE IT THE WAY IT IS. 
          IT'LL BE A SLOPE, UH, DRIVEWAY. 
          SO THE SO DRIVEWAY'S GONNA BE SLOPED? YES. 
          THE DRIVEWAY HAS TO BE, YOUR DRIVEWAY'S GONNA BE LIKE THAT. 
          IT HAS TO BE A RAMP, OTHERWISE HALF. 
          SO IT'S GONNA BE LIKE THAT FOUR TO FOUR AND A HALF FEET. 
          YES. 
          IT'S, IT'S, THE DISTANCE IS 45 FEET, UH, ALMOST 50 FEET FROM THE ROAD. 
          SO THAT, UH, THAT SLOPE IS GONNA BE LIKE, UH, UH, I THINK A HALF A FEET EVERY, UH, EVERY SO MANY FEET. 
          SO, BUT IF YOU LOOK AT THE PLANS HERE, SIR, THAT DRIVEWAY IS GONNA BE RIGHT NEXT TO YOUR WALL. 
          AND, BUT THEN IF YOU, IF YOU SAY WHAT YOU'RE SAYING IS THERE'S A GRADE CHANGE OF FOUR AND A HALF FEET AND YOU'RE NOT GONNA SLOPE IT UP. 
          ALL MY QUESTIONS ARE GOING TO THE HEIGHT OF THE WALL. 
          SO THE NINE FEET FOR ME, ONE MEMBER IS A BIG WALL. 
          NOW TO YOUR FAVOR, IT'S WALNUT HILL, SIX LANES, INWOOD, FOUR LANES, BUSY, NOISY, OTHERS HAVE FENCES. 
          OKAY, YOU'RE ALMOST THERE. 
          I CAN SEE THAT. 
          SO THAT SAYS, OKAY, A FENCE MAY BE MORE THAN FOUR FEET. 
          THE QUESTION IS HOW DO, HOW DO I RATIONALIZE ALL THE WAY TO NINE? SO LET ME EXPLAIN THE HOUSE CURRENT, THE, FROM THE GARAGE TO THE, TO THE STREET, THAT'S FOUR AND A HALF FEET. 
          SO THAT SLOPE IS NOT ONLY FROM WHERE THE WALL TO THE STREET THAT SLOPE, FOUR AND A HALF FEET IS FROM WHERE THE HOUSE SITS TO THE STREET. 
          SO, SO THAT'S, IT'S, UH, THAT'S THE, THE SLOPE. 
          AND THERE ARE OTHER HOUSES IN THE NEIGHBORHOOD WHERE THERE, THE WALL NEXT DOOR IS, UH, UH, CLOSE TO EIGHT FEET. 
          UH, THE, THE 1 0 0 7 HOLLOWAY, WHICH IS A NEW BUILT HOUSE, THAT WALL IS NINE FEET. 
          WE HAVE PHYSICALLY MEASURED THAT WALL, WHICH IS ON THE SAME STREET, ABOUT EIGHT HOUSES DOWN. 
          I'M PONDERING, I'M, I'M NOT IGNORING YOU. 
          NO, NO. 
          UM, DID YOU TALK TO YOUR, YOUR, ANY OTHER PRO UH, ADJACENT PROPERTY OWNERS? SORRY? DID YOU TALK TO ANY OF YOUR ADJACENT PROPERTY OWNERS ABOUT THIS NINE FOOT WALL SOLID WALL? PROBABLY NOT, BECAUSE PART OF OUR STANDARD AS IT RELATES TO THIS PARTICULAR REQUEST IS NOT ADVERSELY AFFECTING NEIGHBORING PROPERTY. 
          SO MORE TIMES THAN NOT, WE'RE INTERESTED IN WHETHER THE SURROUNDING PROPERTY OWNERS ARE IN FAVOR OF IT, AGAINST IT, OR DON'T HAVE AN OPINION. 
          NOW, OUR CITY SYSTEM SENT OUT 11 LETTERS AND GOT NO RESPONSES TO THE SURROUNDING PROPERTY OWNERS, WHICH IS PART OF THE STATE LAW WHEN WE CHANGE UP LAND USE. 
          BUT YOU DIDN'T, YOU DIDN'T REACH OUT TO NOR HE HEAR ANYTHING BACK? NO, WE DIDN'T HEAR ANYTHING BACK. 
          OKAY. 
          WHAT ARE THE QUESTIONS AS IT RELATES TO THE SOLID FENCE NINE FOOT? IT'S NOW WHAT ABOUT OPACITY? WHY IS IT THAT YOU NEED A SOLID FENCE? IT'S A BUSY STREET. 
          LITTLE NEED LITTLE PRIVACY QUESTIONS FOR THE APPLICANT. 
          YEAH. 
          MR. OVITZ A, UH, OFFENSE IN WHICH THE LOWER PART OF THE FENCE HAD SOME, UH, UH, OPACITY TO IT, OR YOU WERE ABLE TO, TO SEE THROUGH MAYBE THE LOWER PART OF THE FENCE MIGHT OBVIATE SOME OF THE ISSUES ABOUT BEING ABLE TO SEE THE TRAFFIC. 
          UH, IF YOU HAD A, A LOWER WALL THAT YOU COULD KIND OF SEE SOME THROUGH ON AN UPPER WALL THAT WAS SOLID. 
          SO, UH, IN, UH, IN, UM, IN THE NEIGHBORHOOD, ALL THE, ALL THE FENCES ARE SOLID AROUND IN THE SURROUNDING AREAS. 
          UH, SO THAT NEVER CAME, CAME TO US. 
          THE ONLY THING WAS THE VISIBILITY TRIANGLE, WHICH WE DISCUSSED WITH THE, WITH THE CITY, AND THEY RECOMMENDED US THE 30 FEET. 
          OKAY, SO, UM, WHAT, WHERE ARE WE AT ON THIS, GUYS? SO I'M GONNA MAKE ONE MOTION, I'M GONNA START THIS OFF AND THEN WE CAN DECIDE WHERE WE GO. 
          I, AND I'VE MADE MOTIONS TODAY. 
          SO HERE I GO. 
          UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO 8 2 6 0 0 0 0 2 3. 
          AN APPLICATION OF MOHAMMAD ISMAIL DENIED THE SPECIAL ACCEPTION REQUEST, UH, FOR THE APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT THE INTERSECTION WALL AND HILL AND INWOOD ROAD, UM, WITHOUT PREJUDICE BECAUSE OF THE EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THE GRANTING THE APPLICATION WOULD CONCENTRATE TRAFFIC HAZARD IS SO MOVE. 
          IS THERE A SECOND? SECOND. 
          IT'S 
          [03:05:01]
BEEN MOVED BY CHAIRMAN NEWMAN TO DENY WITHOUT PREJUDICE, SECONDED BY MS. DAVIS. 
          UH, REGARDING THE VISIBILITY TRIANGLE AT THE INTERSECTION, THAT'S MOTION FIVE. 
          YEAH. 
          MOTION FIVE. 
          I'M, I'M DOING THE EASIEST FIRST IN MY BOOK. 
          UM, I'M STILL WORRIED ABOUT THE TRAFFIC AT THE INTERSECTION. 
          I THINK YOU HAVE PLENTY OF ROOM, YOU'LL FIGURE OUT WHAT NEEDS TO BE DONE. 
          OUR STAFF RECOMMENDED AGAINST IT, BUT, YOU KNOW, SOMETIMES WE DON'T AGREE WITH OUR STAFF AND THAT SORT OF THING, SO I JUST DON'T THINK THAT'S, I THINK THE, THE SAFER ROUTE IS TO MAKE SURE THERE'S A VISIBLY TRIANGLE AT THE CORNER OF INWOOD IN WALNUT HILL. 
          MS. DAVIS QUESTIONS OR COMMENTS? NO, I, I AGREE WITH YOU, CHAIRMAN NEWMAN, ANY OTHER QUESTIONS ON THE MOTION ON THE FLOOR? THE FIRST MOTION ON THE FLOOR IN 26 0 0 0 20 THREES TO, TO DENY WITHOUT PREJUDICE THE VISIBILITY TRIANGLE REQUEST, THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. KOVI? AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO DENY PASSES IN THE MATTER BOA 2 6 0 0 0 0 2 3. 
          AN APPLICATION OF MOHAMMAD AS ISMAIL, THE BOARD DENIES A SPECIAL REQUEST, SPECIAL EXCEPTION REQUEST, UH, WITHOUT PREJUDICE FOR THIS VISIBLY TRIANGLE. 
          OKAY. 
          UM, I DON'T KNOW WHERE TO GO ON THESE OTHER ONES. 
          GUYS. 
          THE CHAIR WILL ENTERTAIN A MOTION. 
          MS. DAVIS. 
          ALL I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 2 3 ON APPLICATION OF MOHAMED ISMAIL DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE FOOT HIGH FENCE ALONG INWOOD ROAD WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER 26 0 0 0 0 2 3, UH, ON A MOTION OF MS. DAVIS TO DENY THE SPECIAL EXCEPTION REQUEST FOR NINE FOOT NINE FOOT HIGH FENCE ALONG INWOOD ROAD WITHOUT PREJUDICE. 
          IS THERE A SECOND? IT'S BEEN SECONDED BY MR. DORN DISCUSSION ON THE MOTION. 
          I'M SUPPORTING THIS MOTION BECAUSE I BELIEVE NINE FOOT IS TOO LARGE OF AN ASK. 
          AND WHEN I LOOK AT THE NEIGHBORHOOD, I, I THINK IT IS MUCH TOO TALL FOR THE NEIGHBORHOOD TO BE CONSISTENT. 
          I DO THINK IT WOULD AFFECT NEIGHBORING PROPERTY, WHICH IS WHY I'M SUPPORTING THIS MOTION. 
          THANK YOU. 
          MR. EIGHT HOUSE IS DOWN, SIR. 
          I GAVE YOU AMPLE TIME. 
          OKAY? OKAY. 
          UM, THANK YOU MS. DAVIS. 
          MR. DORN DISCUSSION ON THE MOTION, UH, DURING STAFF PRESENTATION, IT WAS EVIDENT THAT THE HOMES IN THE AREA DID NOT, DID NOT APPEAR TO HAVE FENCES THAT WERE NINE FEET TALL OR THEY DIDN'T HAVE A FENCE. 
          THANK YOU MR. DORN. 
          OTHER DISCUSSION ON THE MOTION? MR. HAITZ? I I I'M NOT REALLY, UH, IN FAVOR. 
          I WILL SUPPORT THE MOTION. 
          I'M NOT IN FAVOR OF A NINE FOOT HIGH FENCE. 
          I WOULD BE IN FAVOR OF A REASONABLY HIGH FENCE ALONG INWOOD AS A THIS ONE. 
          THIS ONE'S INWOOD. 
          OKAY. 
          YEAH, WE'RE TALKING INWOOD RIGHT NOW BECAUSE IT'S DIVIDED ROAD. 
          AND THIS IS ON THE SIDE OF THE DIVIDED ROAD WHERE PEOPLE ARE GOING NORTH, CORRECT? SO THAT'S CORRECT. 
          THEY'RE GOING BY THIS FENCE ON THEIR RIGHT. 
          IT'S NOT IN, THEY'RE NOT LOOKING FOR A STREET TO TURN. 
          THEY'RE ALREADY PAST WALNUT HILL. 
          SO I WOULD BE INCLINED TO SUPPORT A REASONABLY HIGH FENCE THERE. 
          ALTHOUGH I WOULD, UH, AGREE THAT NINE, NINE FEET IS TOO HIGH, I WOULD'VE SUPPORT MS. DAVIS'S MOTION. 
          AND MR. KOVI OR MR. DORAN'S CONCURRENCE AND MR. KO'S OPINION, UH, NINE FOOT IS A TALL ORDER. 
          UM, THAT'S JUST MY OPINION. 
          AND THE BURDEN IS ON THE APPLICANT TO, UH, PROVE TO THE BOARD, UM, THAT IT'S, ONE OF THE QUESTIONS I ASKED YOU WAS, WHAT DO THE SURROUNDING PROPERTY OWNERS THINK? A LOT OF TIMES WE THINK THIS WAY. 
          WELL, IT'S OUR PROPERTY AND I, I SUPPORT THE CONCEPT. 
          IT'S OUR PROPERTY, BUT NOT WHEN YOU ASK FOR A SPECIAL EXCEPTION. 
          BECAUSE OUR CRITERIA GOES BACK TO, UH, NOT ADVERSELY AFFECTING, NOT ADVERSELY AFFECTING SURROUNDING PROPERTY OWNERS. 
          AND SO THEN INSTEAD OF JUST THE PROPERTY, WE THINK OF WHAT'S, WHAT'S GOING ON ELSEWHERE? HENCE THE COMMENTS THAT YOU'VE HEARD. 
          SO I'LL BE SUPPORTING THE MOTION AS PRESENTED BY MS. DAVIS. 
          ANY OTHER DISCUSSION? THE MOTION, THE MOTION ON THE FLOOR IS TO DENY, UM, THE REQUEST FOR A NINE FOOT FENCE ALONG INWARD ROAD WITHOUT PREJUDICE BOARD SECRETARY WILL CALL THE ROLE. 
          THIS IS ON INWOOD, MS. DAVIS. 
          AYE. 
          MR. DORN? 
          [03:10:02]
AYE. 
          MR. OVITZ? AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN? AYE. 
          MOTION TO DENY PASSES 5 2 0 IN THE MATTER OF BO OA 2 6 0 0 0 0 2 3. 
          THE BOARD UNANIMOUSLY AND A VOTE OF FIVE TO ZERO DENIES THE REQUEST FOR A SPECIAL EXCEPTION FOR A NINE FOOT HIGH FENCE ALONG INWOOD ROAD WITHOUT PREJUDICE, YOU'LL GET A NOTIFICATION FROM OUR STAFF. 
          UH, THE NEXT ITEM THAT THE BOARD WILL, OR EXCUSE ME, THAT THE CHAIR WILL ENTERTAIN A MOTION IS BO OA 2 6 0 0 0 0 2 3. 
          A REQUEST FOR NINE HOOD, NINE FOOT HIGH FENCE ALONG WALNUT HILL LANE. 
          THE CHAIR WOULD ENTERTAIN A MOTION. 
          MR. HAITZ, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO SIX DASH 0 0 0 0 2 3 ON APPLICATION OF MOHAMMAD ISHMAEL DENIED A SPECIAL EXEMPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE FOOT HIGH FENCE ALONG WALNUT HILL LANE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BO A 2 2 6 0 0 0 0 2 3. 
          MR. KOVI MADE, HAS MADE A MOTION TO DENY THE SPECIAL REQUEST FOR A NINE FOOT HIGH FENCE ALONG WALNUT HILL WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND, SECOND BY MR. ROGERS DISCUSSION OF THE MOTION, MR. OVITZ? YEAH. 
          NOW ALONG WALNUT HILL, YOU HAVE PEOPLE COMING DOWN, GOING WEST ON WALNUT HILL, MANY OF WHOM ARE GOING TO TAKE A RIGHT HAND TURN ON INWOOD. 
          SO ALONG WITH THE VISIBILITY TRIANGLE, I JUST, I'M, I'M OPPOSED TO REALLY A LOT, ANY REAL IMPEDIMENT TO PEOPLE HAVING GOOD VISION OF WHERE THEY'RE GOING. 
          IF THERE'S CARS STALLED ON INWOOD OR WHATEVER, YOU WANT PEOPLE TO BE ABLE TO SEE WHAT'S GOING ON. 
          'CAUSE THEY'RE ACTUALLY COMING UP TO MAKE A RIGHT HAND TURN, UH, IN A VERY CLOSE, IN A TURN LANE. 
          SO IT'S REALLY RIGHT BY YOUR PROPERTY. 
          AND THEY'RE HAVING TO MAKE A TURN FAIRLY, UM, QUICKLY, UH, BECAUSE THE TRAFFIC IS MOVING THERE. 
          SO, UH, I HAVE MUCH MORE OF A PROBLEM WITH, WITH THIS SIDE THAN I DO ON THE, UH, INWOOD SIDE. 
          THANK YOU MR. HOP DISCUSSION IN THE MOTION. 
          MR. ROGERS. 
          I SHARE IN THE SENTIMENTS WITH MR. HOVI OTHER DISCUSSION OF THE MOTION. 
          MS. DAVIS? I'M SUPPORTING THIS MOTION BECAUSE I DO BELIEVE THAT GRANTING, UH, THIS REQUEST WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          AND JUST REFERENCING MR. DO'S, UM, COMMENT EARLIER THAT WE DID SEE A VIDEO GOING THROUGH, UM, AND I SIMPLY, I I DO BELIEVE THAT NINE FOOT HIGH IS TOO, TOO HIGH AND THAT IT WILL ADVERSELY AFFECT THE NEIGHBORING PROPERTIES. 
          SO, UH, MY COMMENT, I WILL BE SUPPORTING THE MOTION AS WELL. 
          SO, MOST LIKELY'S UNANIMOUS, UM, THE MOTION, THIS ONE AND THE PREVIOUS ONE, AS WELL AS THE VISIBILITY TRIANGLE, ALL SAID WITHOUT PREJUDICE, UH, WHICH MEANS YOU CAN FILE A NEW CASE TOMORROW. 
          UH, AS I SAID EARLIER ON ANOTHER CASE, YOU CAN'T TALK TO US 'CAUSE IT'S QUASI-JUDICIAL. 
          UM, BUT YOU CAN ALWAYS VISIT WITH THE PROFESSIONAL STAFF THROUGH OUR BOARD ADMINISTRATOR. 
          UH, THE STAFF IS, UM, I'M ING A BROKE RECORD. 
          HERE I GO. 
          THE STAFF CANNOT, CAN, CAN, THEY CAN GIVE YOU OPTIONS, BUT NOT NECESSARILY ADVICE. 
          UM, AND THEY CAN PREDICT, BUT THEY HAVE TO BE CAREFUL PREDICTING WHAT THE BOARD WILL OR WILL NOT DO ON A CASE BECAUSE THEY DON'T SPEAK FOR THE BOARD. 
          THEY SPEAK FOR WHAT THINGS TYPICALLY MAY HAPPEN OR WHAT THEIR PERSPECTIVE IS. 
          AND THEN MAYBE ASSIST YOU TO BE PREPARED THE NEXT TIME IF YOU SO CHOOSE TO COME BACK. 
          SO THIS IS THE SAME THING I'VE SAID IN OTHER CASES. 
          SO I'M TRYING TO BE JUST AS JU JUDICIOUS WITH YOU AS OF THE OTHER CASES. 
          SO YES, I'LL BE SUPPORTING THIS MOTION. 
          MS. BOARD SECRETARY, PLEASE CALL THE ROLE. 
          THIS IS TWENTY SIX ZERO ZERO ZERO ZERO TWENTY THREE. 
          UH, THE MOTION ON THE FLOOR IS TO DENY THE SPECIAL EXCEPTION FOR THE NINE FOOT FENCE ALONG WALNUT HILL LANE WITHOUT PREJUDICE. 
          MS. DAVIS. 
          AYE. 
          MR. DAWN? AYE. 
          MR. KOVI? AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO DENY PASSES FIVE TO 0 26 0 0 0 0 2 3. 
          THE BOARD UNANIMOUS LANE OF VOTE OF FIVE ZERO DENIES THE REQUEST FOR A SPECIAL EXCEPTION NINE FOOT HIGH FENCE ALONG WALNUT HILL LANE WITHOUT PREJUDICE, YOU'LL GET A NOTIFICATION FOR THE BOARD. 
          I'M GONNA SAY THAT IN MY SLEEP TONIGHT. 
          OKAY. 
          WE HAVE TWO MORE, UH, REQUESTS ON THIS PROPERTY. 
          IT HAS TO DO WITH OPA, LET ME LOOK HERE. 
          UM, OKAY, THESE ARE ONE FOR WALLEN HILL AND ONE FOR INWOOD. 
          OKAY. 
          THE CHAIR WERE TO ENTERTAIN A MOTION. 
          HMM. 
          OKAY. 
          HMM. 
          LET'S SEE HERE. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA 
          [03:15:01]
DASH 26 DASH 0 0 23 ON APPLICATION OF HAMED ISMAIL GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FENCE WITH A PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG INWOOD ROAD AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. 
          COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE CASE OF BO A 2 6 0 0 0 0 2 3. 
          UM, MS. DAVIS HAS MOVED TO GRANT THE REQUEST, UH, FOR, UH, LESS THAN 50% OPEN SERVICE AREA, UH, ALONG INWOOD ROAD. 
          IS THERE A SECOND? HMM. 
          OKAY. 
          MR. KOVI IS SECONDED. 
          WELL, YOU TWO ARE A TEAM TODAY. 
          OKAY. 
          UH, SO WE'LL HAVE DISCUSSION ON THE MOTION. 
          MS. DAVIS THEN MR. KOVI, I'M SUPPORTING THIS BECAUSE, UH, AGAIN, AS WE LOOKED AT ALL OF THE OTHER FENCES IN THAT NEIGHBORHOOD, MOST OF THEM ARE SOLID. 
          IT IS A BUSY ROAD. 
          UM, SO IF THE FENCE IS, IS LOWER THAN NINE FEET, I AM, I'M FINE WITH A SOLID FENCE. 
          I THINK THAT'S A, A GOOD COMPROMISE. 
          ARTFULLY SAID MR. OVITZ, UM, UM, OKAY WITH THIS BECAUSE, UH, IT'S LONG INWOOD ROAD AND I DON'T REALLY SEE A CONFLICT WITH PEOPLE BEING ABLE TO SEE WHERE THINGS ARE HAPPENING THERE. 
          UH, I DO HAVE A QUESTION FOR OUR BOARD ATTORNEY. 
          IF WE, UH, HOW DOES THE PROVISION OF THIS MOTION COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED FIT IN WITH THE FACT THAT WE'VE JUST DISALLOWED CERTAIN FEATURES OF THE PLANS AND SUBMITTED THAT ARE, THAT WERE SUBMITTED? SO THE, HIS QUESTION, I'LL RESTATE HIS QUESTION IS, IF WE DENIED THE HEIGHTS, THAT MEANS THE PLANS SUBMITTED ARE NO LONGER CURRENT. 
          SO DO WE HAVE A BASIS TO DO WE WE DON'T HAVE ANY CURRENT PLANS THEN ANYMORE. 
          OKAY. 
          VERY GOOD QUESTION, MR. HOPKINS. 
          WE WOULD PROBABLY WANT NEW PLANS, OTHERWISE WE WOULD HAVE TO JUST RED LINE ALL OF THE OTHER PLANS. 
          WELL, YOU KNOW, I GET NERVOUS RED LINES. 
          I, I GET WHAT WAS APPROVED OR WHATEVER WE DO. 
          DIANA'S SHAKING HER HEAD THE OTHER DIRECTION. 
          BUT YOU, I, MS. BOARD ADMINISTRATOR, MS. BOARD ADMINISTRATOR CAMIKA, YOU, WOULD YOU LIKE A MINUTE TO CONSULT? ALRIGHT, TAKE A MINUTE TO CONSULT. 
          WHAT I WOULD SAY IS WE AS A BOARD WANNA BE VERY CAREFUL ABOUT APPROVING SOMETHING THAT THE STAFF CAN'T POINT TO. 
          AND ANYTIME THEY RED LINE, IT'S YEAH, WE WANT MINIMAL INTERPRETATION IN THE FIELD. 
          MM-HMM . 
          MM-HMM . 
          EXCUSE ME. 
          WE GOT THIS GUY LEFT. 
          ONE GUY LEFT UP HERE. 
          EXCUSE ME. 
          EXCUSE ME. 
          SHOULD BE EASY COVERAGE. 
          YEAH. 
          YEAH. 
          AND IT'S A PERMIT AIR. 
          YEAH. 
          IT'S A, IT'S A, UM, UM, BUT IT'S A PERFECT RIGHT. 
          EXCUSE ME. 
          J EXCUSE ME. 
          SO CAN I ASK ONE QUESTION, RIGHT? UH, YES. 
          AND CAN YOU ALLOW, LIKE FOR EXAMPLE, IF NOT NINE FEET, CAN YOU SAY LIKE EIGHT FEET AND WE AGREED ON THAT? I CAN'T HEAR YOU. 
          WHAT? OKAY. 
          IF FOR EXAMPLE, NINE, NINE FEET IS NOT GOOD, WE'VE ALREADY DISALLOWED THAT. 
          SO WHAT HE'S TRYING TO SAY IS THAT IF NINE FEET IS NOT ALLOWED AND UH, IF, IF WE, WE WOULD DO LIKE A EIGHT FEET AND, AND WITH THE, WITH, WITH THE, WITH THE TRIANGLE PROPER, IS THAT SOMETHING THAT WE HAVE TO DO A REAPPLICATION FOR THAT OR, OR YEP. 
          THOSE CASES ARE CLOSED NOW. 
          OKAY. 
          YEAH. 
          YOU'D HAVE TO QUASI START OVER THERE WITH PLANS. 
          BUT YOU SAW MY GRIMACE AT EIGHT FEET. 
          . 
          OKAY. 
          SO MS. BOARD ADMINISTRATOR, MR. HOVIS, AKA, A SATELLITE ATTORNEY, I'M JUST KIDDING. 
          , UH, ASKED THE QUESTION OF CAN WE APPROVE SOMETHING ON COMPLIANCE WITH MURPHY'S VERSION OF SITE PLANS? OR THE SITE PLANS ARE NO LONGER APPLICABLE. 
          RIGHT? SO WHAT WE WERE DISCUSSING, THE PLANS THAT THEY HAVE, WE WOULDN'T WANT TO RED LINE EVERYTHING TO SHOW LIKE, HEY, THIS WAS APPROVED, THIS WAS NOT APPROVED. 
          BUT WE WOULD GIVE THEM AN OPTION TO PROVIDE NEW PLANS THAT SHOW THE FOURTH WHAT WHATEVER IT IS WITH THE OPACITY GRANTEE, IF WE APPROVE THE, IF YOU YES. 
          BUT, BUT THE PROBLEM WITH THAT 
          [03:20:01]
IS IT'S, IT'S A PLAN WITH OPACITY WITH NO HEIGHT OR FOUR FEET. 
          FOUR FEET. 
          SO YOU, YOU REALLY COULDN'T DO MUCH WITH THAT UNTIL IT SAID SO SHOULDN'T THIS. 
          OKAY, NOW YOU GOT US IN A LOG JAM. 
          BUT YOU'RE RIGHT. 
          HOLD ON. 
          SO IF THE TWO SUBMITTALS, I'M TALKING TO YOU, BUT REALLY YOUR PEOPLE AS WELL, IF THE TWO SUBMITTALS FOR THE HEIGHTS ARE NO LONGER APPLICABLE, SO WE'RE DEALING JUST WITH OPACITY, YOU ALMOST HAVE TO START OVER, RIGHT? BECAUSE AT THIS POINT WE DON'T KNOW WHAT THE HEIGHT IS GONNA BE IF YOU DENIED IT. 
          CORRECT. 
          IF YOU DENIED THE HEIGHT, IT'S GO. 
          OKAY. 
          YOU WANNA VISIT AGAIN HERE? OKAY, SO THE OTHER ALTERNATIVES WE JUST DID, OH, WE CAN APPROVE IT ALL. 
          START OVER. 
          I MEAN, HOW DO YOU APPROVE, HOW DO YOU APPROVE A SOLID WALL THAT WITH NO HEIGHT? WE'VE DONE THAT BEFORE THOUGH. 
          OH. 
          AND HAVE WE SHAMING? OH SURE WE HAVE. 
          OH MY GOSH. 
          I'M NOT SAYING IT WAS THE RIGHT THING TO DO. 
          OOH, WE SHOULDN'T BE DOING THAT. 
          MAKE IT MOMENT. 
          I THINK I'LL WITHDRAW. 
          WELL, I'M JUST SAYING I THINK THEY HAVE TO START OVER. 
          I, I, I I, I'LL SAY THIS ON THE RECORD, WHILE THEY'RE KIBITZING THIS DIRECTION, WE KIBBITZ THIS WAY. 
          OURS IS ON THE RECORD. 
          THEIRS IS IN SACRED. 
          HA HA I I GET VERY NERVOUS ABOUT US GIVING LESS THAN CLEAR INSTRUCTIONS TO BUILDING INSPECTION. 
          YOU KNOW, REMEMBER A COUPLE YEARS AGO WE HAD THIS BIG FIGHT OVER THE VISIBILITY TRIANGLE TO THE CENTER LINE OF THE STREET OR TO THE EDGE OF THE STREET, AND EVERYONE WAS YOUR PREDECESSOR WOULD, RACHEL WOULD SAY, NO, IT'S TO THIS. 
          AND THEY'D SAY TO THAT. 
          AND FINALLY WE SAY, OH, OKAY. 
          SO LET'S, I GET NERVOUS ABOUT YOU'RE THE ONE WHO BROUGHT IT UP, MICHAEL. 
          WELL, NO, I, I AND I THINK WE'VE GIVEN THE APPLICANT, UH, DIRECTION AS TO ON THIS SUBJECT HOW WE WOULD RULE ON A, ON A RESUBMISSION AS FAR AS THE OPACITY ON INWOOD. 
          OKAY. 
          SO OUR CONSENSUS ON THE RECORD IS WE SHOULDN'T DO ANYTHING. 
          SO, 'CAUSE WE'RE NERVOUS ABOUT APPROVING SOMETHING WITHOUT HEIGHT, WITHOUT PLANS. 
          IF THEY CAN AGREE, IF THEY CAN AGREE TO GIVE US, UM, PLANS AT FOUR FEET WITH THE OPACITY APPROVE, IF YOU GUYS APPROVE IT MM-HMM . 
          THEN WE CAN ACCEPT THOSE. 
          NO, NO. 
          WHY WOULD WE? 'CAUSE FOUR FEET IS ALLOWED BY RIGHT? YOU'RE RIGHT. 
          BUT THE PLANS AREN'T GONNA BE BUILDABLE BECAUSE WE'VE ALREADY KIND OF OOMPH THEM THAT WE WOULD DO MORE THAN FOUR. 
          SO WHY HAVE 'EM GO THROUGH AGAIN, ANOTHER SET OF PLANS? I ALMOST SAY SCRATCH. 
          OH, I'M SORRY. 
          YOU GOTTA SAY THAT IN THE RECORD WITH HER PERMISSION, MR. THOMPSON, THAT THANK YOU. 
          THAT IS THEIR OPTION. 
          SO AT THIS POINT, THEY HAVE THE OPTION TO A BUILD AT FOUR FEET WITH THE OPACITY. 
          IF, IF, IF OPACITY IS APPROVED, B, REVISE THE PLANS AND FIGURE OUT IDEALLY WHAT HEIGHT, SEVEN FEET TO COME BACK IN FOR OR LESS. 
          AND, YOU KNOW, SOMETHING LESS THAN WHATEVER IT IS THAT THEY HAVE TO FIGURE OUT EVERY TIME THAT THEY COME BACK IN, THEY'RE TRYING TO FIGURE OUT WHAT IS THE MAGIC NUMBER TO GET TO. 
          I DON'T KNOW. 
          I THOUGHT I HEARD A NUMBER THAT COULD BE DIGESTIBLE. 
          I, I CAN'T SPEAK FOR YOU GUYS. 
          YEAH, YOU'RE RIGHT. 
          BUT AGAIN, THERE'S A NUMBER THAT THEY HAVE TO TRY TO GET TO, IN ORDER TO BE ABLE TO RECEIVE APPROVAL, THEY HAVE TO REVISE THE PLANS TO MEET THE VISIBILITY TRIANGLE. 
          PLAIN AND SIMPLE. 
          THEY HAVE TO REVISE THE HEIGHT. 
          IF THEY CHOOSE NOT TO COME BACK BEFORE THE BOARD, THEY MAY NOT WANNA DEAL WITH THE BOARD NO MORE. 
          SO IF THAT IS THE CASE, THEN THEY CAN JUST COME BACK IN AT 45 AND AT FOUR FEET, THEY DON'T HAVE TO COME BACK IN AT ALL BECAUSE THEY HAVE THEIR OPACITY. 
          THAT'S WHY I SAY THEY HAVE THE OPTION OF DOING IT. 
          WELL STATED. 
          THANK YOU. 
          THANK YOU MISS. 
          BOARD ADMINISTRATOR. 
          IT'S MY RECOMMENDATION TO THE BOARD. 
          WE WITHDRAW THE MOTION AND DENY THIS WITHOUT PREJUDICE. 
          MY RECOMMENDATION. 
          THAT'S MY RECOMMENDATION. 
          SO WE HAVE CLEAN SET OF PLANS AND WE KNOW WHAT'S GOING ON. 
          UM, BUT AGAIN, AS MR. THOMPSON ELOQUENTLY SAID, IT'S UP TO YOU WHAT YOU WANNA DO. 
          WE'VE HAD CASES WHERE PEOPLE WANNA BARREL FORWARD AND THEY END UP BARRELING OUT. 
          UM, UH, I'M A, I'M NERVOUS ABOUT APPROVING SOLID OF NOTHING, OF NO HEIGHT. 
          I THINK THAT, SO THAT'S MY OPINION. 
          I SHOULD HAVE DONE THE OPACITY ISSUE FIRST ON, YOU KNOW, IT WOULDN'T HAVE, IT WOULD'VE KILLED IT EITHER WAY. 
          SO THIS IS WHERE IT GETS THE HEIGHT. 
          SO THE CHAIR WOULD ASK YOU TO WITHDRAW. 
          I WITHDRAW MY MOTION AND THE SECOND I WITHDRAW. 
          OKAY, SO THE MOTION HAS BEEN WITHDRAWN, THE MOTION, AND THE SECOND IS WITHDRAWN. 
          ALRIGHT, I'M GONNA LET YOU SPEAK TO THIS. 
          UH, SO THE SENTIMENT OF THE, OF THE BOARD WITHOUT A VOTE YET, NOW I CAN SPEAK OPEN WITHOUT A, WITH A, WITHOUT A VOTE, IS WE'RE PROBABLY OPEN TO O SOLIDNESS ONCE WE 
          [03:25:01]
KNOW WHAT THE HEIGHT IS. 
          YOU'VE HEARD THAT WE'RE AGAINST NINE FEET HEIGHT. 
          MY SUGGESTION IS YOU TOUCH BASE WITH MS. MILLER HOSKINS, OUR BOARD ADMINISTRATOR AND OR STAFF. 
          UM, MY SENSE IS YOU LOOK AT WHAT OTHER HEIGHTS ARE IN THE NEIGHBORHOOD. 
          'CAUSE THAT'S OUR STANDARD, WHETHER IT BE ACROSS THE STREET OR NEXT DOOR OR UP THE STREET. 
          ONCE YOU GIVE US THOSE FACTS, THEN WE GO, OH, OKAY. 
          WE'RE NOT GUESSING IF IT'S AS TALL AS MR. THOMPSON, 'CAUSE I THINK WE HEARD THAT THIS MORNING. 
          IT MAY BE HIS HEIGHT OR NOT. 
          'CAUSE WE DON'T WANNA GRASP AT THAT. 
          WE WANNA DEAL WITH FACTUAL THINGS. 
          AND IF YOU'RE BUILDING A BEAUTIFUL, NICE HOME, YOU WANT IT DONE RIGHT? YES. 
          OKAY. 
          SO YOU WANT US TO BARREL AHEAD OR DO YOU WANT US TO GIVE YOU A CHANCE TO REWRITE? WE, WE, WE WILL, UH, YOU GUYS, WE WILL, UH, RESUBMIT, UH, WITH, THERE YOU GO. 
          THAT'S A WISE DECISION. 
          THANK YOU. 
          OKAY, SO NOW THE CHAIR WILL ENTERTAIN ANOTHER MOTION. 
          KILL IT. 
          YEP. 
          I MOVE. 
          I THINK THAT'S WISE. 
          OKAY. 
          I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO A DASH 26 DASH 0 0 0 0 2 3 ON APPLICATION OF MOHAMMAD ISMAIL DENY THE SPECIAL EXCEPTION REQUEST TO CONSTRUCT, TO CONSTRUCT AND OR MAINTAIN FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG LINWOOD ROAD, INWOOD ROAD AS A SPECIAL EXCEPTION TO THE SURFACE AREA, OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE. 
          'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          HOLD ON ONE SECOND. 
          I'M GETTING ADVICE FROM OUR BOARD ATTORNEY. 
          HOLD ON A SECOND. 
          GOVERNMENT IN ACTION. 
          IT'S FOUR. 
          OKAY. 
          SO I'M GONNA BE FORTHRIGHT SO THAT YOU KNOW WHAT WE'RE TALKING ABOUT. 
          I DON'T WANT PEOPLE TO THINK WE'RE, THERE'S YIP YY THAT SORT OF DEAL. 
          SO I HAVEN'T RECOGNIZED HER MOTION YET. 
          I WILL IN A SECOND. 
          THAT'S THE PREROGATIVE OF THE CHAIR. 
          UH, THE CONVERSATION THAT I GOT FROM THE BOARD ATTORNEY AND BOARD ADMINISTRATORS. 
          WELL, THERE'S ANOTHER OPTION AND THAT IS YOU COULD RECONSIDER THE DENIALS WE HAD BEFORE AND THEN HOLD OVER ALL THE CASES. 
          THAT WAY YOU WOULDN'T HAVE TO PAY A RESUBMITTAL FEE OF $2,400. 
          THAT WAS THE CONVERSATION. 
          PRETTY NICE FOR THE BOARD ADMINISTRATOR AND THE BOARD ATTORNEY TO CONSIDER THAT. 
          THE PROBLEM IS THEY'RE GONNA HAVE TO REDO ALL THIS WORK ANOTHER TIME. 
          AND NOTHING IS FREE. 
          NOTHING IS FREE. 
          WHETHER IT'S MR. THOMPSON OR MR. GREGORY OR WHOEVER ELSE WENT OUT'S. 
          GONNA HAVE TO GO THROUGH ALL THAT PROCESS BEFORE BOARD SECRETARY'S GONNA HAVE TO ADVERTISE IT AGAIN, DO ALL THE OTHER THINGS SO THERE'S NOTHING FREE. 
          AND YOU'RE NOT GONNA GET NINE FEET HEIGHTS HERE OR THE VISIBLY TRIANGLE. 
          THAT AIN'T GONNA HAPPEN. 
          SO I VERY MUCH APPRECIATE THAT. 
          THAT'S VERY, UH, TAXPAYER FRIENDLY, PROPERTY TAX FRIENDLY. 
          BUT I ALSO WANT TO MAKE SURE THAT, SO, SO I'M GONNA SAY NO UNLESS THAT'S THE SENTIMENT OF THE BOARD. 
          SAY NO TO WHAT, WHAT WE COULD DO. 
          OKAY? I'M WITHDRAW YOUR MOTION FIRST. 
          I WITHDRAW MY MOTION. 
          OKAY. 
          THE MOTION. 
          NOW THERE'S NO MOTION OF THE FLOOR. 
          SO THE OTHER OPTION IS THAT WE AS A BOARD RECONSIDER THE TWO DENIAL AND THE NINE FEET AND THEN HOLD THE FOUR OF THE FIVE OLDER. 
          NOT RECONSIDER THE VISIBILITY 'CAUSE THAT WE'RE NOT GONNA RECONSIDER. 
          AND IF WE DID THAT, IF WE HELD THE WHOLE THING OVER, THEY WOULDN'T HAVE TO SUBMIT THE RESUBMITTAL FEE, WHICH IS 600 TIMES, UH, FOUR, WHICH IS 2,400 BUCKS. 
          THE PROBLEM WITH THAT IS THE STAFF'S STILL GONNA HAVE TO DO THE WORK AGAIN. 
          AND WE'RE THE ONES SAYING NO TO THE NINE. 
          WHICH ONE? WELL, IT'S BETTER FOR THEM. 
          THEY'RE GONNA SAVE 2,400 BUCKS. 
          SO WHAT'S THE SENTIMENT HERE? TRYING TO BALANCE THAT AGAINST THE CITY'S NEEDS TOO. 
          WELL SEE $30 MILLION SHORTFALL. 
          I I, I'M GONNA SAY THEY, THEY NEED TO PAY FOR IT. 
          SO I I JUST, BECAUSE, BECAUSE THEY TOOK THEIR SHOT AT NINE. 
          THIS IS ALL ON THE RECORD. 
          THEY TOOK THEIR SHOT AT NINE FEET AND WE WERE NOT GONNA GO FOR NINE FEET. 
          WHO 
          [03:30:01]
KNOWS WHAT NUMBER? TWO FEET. 
          THREE FEET. 
          JUST KIDDING. 
          UM, SO, SO IN THAT SENSE, I THINK WE MOVE FORWARD THIS WAY UNLESS THERE'S A STRONG SENTIMENT THAT IT WAS OUR FAULT AND THEY SHOULDN'T PAY FOR THAT. 
          YEAH, BUT I GO BACK TO DO'S COMMENT. 
          YOU SAID THE STAFF DIDN'T SEE OTHER MM-HMM . 
          TALL. 
          SO THEREFORE THAT'S FACTUAL. 
          THAT'S NOT A MISTAKE ON OUR PART. 
          WELL, YOU'RE, YOU'RE COMING IN ASKING FOR EVERYTHING. 
          WE KNOW THERE'S A RISK THERE. 
          CORRECT. 
          AND ASK FOR THE TOP. 
          WELL, OF COURSE THAT DON'T BLAME THEM. 
          WELL, BUT THIS IS WHAT HAPPENS WHEN YOU ASK FOR THE MOON. 
          YOU, YOU GET MARS ASK FOR SOMETHING. 
          THAT MAKES SENSE. 
          OKAY? THE REASON FOR US TO ASK THAT, BECAUSE THERE ARE NINE FOOT WALLS IN ON THE SAME STREET. 
          WELL, RESPECTFULLY, YOU'RE GONNA GET MY IRON NOW, SHOW US WHO, WHY GIMME A, GIMME AN ADDRESS AT 1607. 
          OH, I DIDN'T SEE ANYTHING. 
          DID YOU SUBMIT SOMETHING? YES, SIR. 
          THAT SHOWED THAT YOU HAVE 1 0 0 7 1 0 0 7 HOLLOW. 
          DID YOU SHOW MEASUREMENTS? BE CAREFUL ABOUT SAYING YOU'RE GONNA PUT MORE EVIDENCE. 
          THERE'S NO EVIDENCE THAT SHOWS THAT. 
          YEAH. 
          WHAT MEASUREMENT OF THE HIGHWAY. 
          THAT LOOKS SIX FEET TO ME. 
          DO YOU SEE MY POINT? I SEE YOUR POINT. 
          OKAY. 
          I MEAN, SO DON'T, DON'T SLIDE DOWN THAT SLOPE. 
          I SEE YOUR POINT. 
          BECAUSE WE TRY TO DEAL IN FACTUAL AND FROM WHAT WE SAW THIS MORNING, WE DIDN'T SEE MANY NINE FEET. 
          WE SAW NO NINE FEET ACTUALLY NO EIGHTS. 
          MAYBE SOME SEVENS. 
          I BELIEVE THAT MAYBE YOU CAN GET THE RECORD FROM THE CITY. 
          THIS IS THE REASON. 
          WELL, OKAY. 
          OKAY. 
          IF, IF THE TWO MOTIONS FOR THE OPACITY ARE APPROVED, THEN UH, I'LL ONLY HAVE TO PAY HALF THE FEES. 
          WELL, BUT WE'RE NOT GONNA DO THAT. 
          I, I DON'T KNOW HOW YOU CAN SAY YOU CAN HAVE A SOLID FENCE, BUT WE'RE NOT TELLING YOU HOW TALL IT IS. 
           THAT, YOU KNOW, I'M NOT GONNA DO THAT. 
          WHAT I SAID TO THE GROUP BEFORE WAS WE WANT TO GIVE SPECIFIC PLANS APPROVED TO THE STAFF SO THEY KNOW EXACTLY WHAT TO MEASURE AGAINST. 
          OKAY. 
          THAT PROTECTS YOU TOO, BY THE WAY. 
          YEAH. 
          OKAY. 
          SO MY ADVICE TO THE BOARD IS PROCEED AS WE WERE GONNA DO, UM, DENY THESE TWO OPACITIES AND ENCOURAGE THEM TO COME BACK AFTER GETTING SOME ADVICE FROM THE STAFF. 
          YOU'RE GONNA BE COMING BACK TO US. 
          LUCKY YOU. 
          SO I'M GOING AGAIN. 
          YOU'RE GOING AGAIN, BUT YOU'RE GOING TO DENY. 
          ALL RIGHT. 
          THIS IS MY THIRD ATTEMPT. 
          OH YES. 
          YOU'RE GONNA DENY THIRD ATTEMPT. 
          LET'S SEE IF WE CAN GET THIS ONE RIGHT. 
          I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 2 3 ON APPLICATION OF MOHAMED ISMAIL DENY THE SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG INWOOD ROAD AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          IT'S BEEN MOVED BY MS. DAVIS TO DENY 2 6 0 0 0 2 3, WHICH IS A LE A OPEN SURFACE AREA, UM, ON INWOOD, INWOOD. 
          LET ME SEE WHERE IT SAID INWOOD. 
          IT'S INWOOD, INWOOD WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND. 
          SECOND BY MR. DORN FOR ALL THINGS SAID. 
          CAN WE JUST VOTE? YES, PLEASE. 
          OKAY. 
          MS. DAVIS. 
          AYE. 
          MR. DORN AYE. 
          MR. KOVI AYE. 
          MR. ROGERS? AYE MR. CHAIRMAN, AYE, MOTION TO DENY PASSES. 
          THIS SHOULDN'T BE PAINFUL TO YOU 'CAUSE YOU POTENTIALLY ARE GONNA GET WHAT YOU WANT. 
          JUST THE DIFFERENT FORM THEREOF. 
          MS. DAVIS. 
          I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA 26 0 2 3 ON APPLICATION OF MOHAMMED ISMAIL DENY THE SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED, LEFT LESS THAN FIVE FEET FROM THE FRONT LOT LINE ALONG WALNUT HERE LANE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          THANK YOU MS. DAVIS. 
          IT, UH, SHE HAS MOVED IN 2 6 0 0 0 0 2 3 TO DENY SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SURFACE AREA ALONG WALNUT HILL LANE WITHOUT PREJUDICE. 
          THE ONE COMMENT I WOULD MAKE IS, MR. OVITZ HAD A GOOD IDEA. 
          NOW WE'RE NOT DESIGNERS OFFENSES, WE JUST, YOU'RE ADJUDICATORS OFFENSES. 
          YOU KNOW, YOU COULD PUT SOMETHING THAT HAD OPENNESS. 
          OBVIOUSLY YOU DON'T WANNA DO THAT, BUT, OKAY. 
          I'M JUST SAYING. 
          SO I, I LIKED YOUR, LIKED YOUR DESIGN FEATURE THERE, BUT, ALL RIGHT. 
          UH, MS. BOARD, SECRETARY, NOBODY HAS SECOND. 
          OH, I APOLOGIZE. 
          SECOND, CATCH ME OFF GUARD. 
          MS. MS. WILLIAMS. MR. DORN SECONDED THE MOTION NOW, NOW IT'S IN ORDER. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. KOVI? AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN? AYE THE MOTION CARRIES UNANIMOUSLY. 
          FIVE ZERO. 
          UH, OUR RULES SAY 
          [03:35:01]
SUCH THAT YOU CAN REAPPLY. 
          UM, UH, I WOULD ENCOURAGE YOU TO BE MORE SPECIFIC IN THIS DROP OFF THAT YOU'RE TALKING ABOUT. 
          IS THAT SUBSTANTIATES WHAT YOU'RE, I THINK TRYING TO ACCOMPLISH, YOU'RE SAYING THERE'S DROP OFF? WELL, I CAN'T REALLY SEE IT AND YOU DON'T WANT ME TO JUDGE IT? YOU WANT ME TO SEE WITH THIS NICE A HOME ? I THINK YOU NEED TO MAKE SURE YOU HAVE, AND I HOPE THE STAFF, MS. MS. BOARD ADMINISTRATOR, YOU CAN GIVE THEM SOME FEEDBACK ON WAYS TO PROVE THEIR CASE. 
          'CAUSE IT'S YOUR BURDEN TO PROVE THE CASE. 
          YOU'VE HEARD GOOD FEEDBACK AS IT RELATES TO HEIGHT AND AND OPACITY. 
          UM, 'CAUSE THIS DOESN'T LOOK LIKE THERE'S A DROP OFF, BUT I'M NOT CALLING YOU A LIAR THAT I CAN SEE A DROP OFF. 
          UM, THAT I DON'T KNOW HOW HIGH IS OR NOT. 
          SO, OKAY. 
          THAT I DON'T KNOW HIGH IS OR NOT. 
          BUT ANYWAY, THAT'S FEEDBACK. 
          WE WELCOME TO SEE YOU BACK SOON. 
          THANK YOU VERY MUCH. 
          UH, I WOULD LIKE TO THANK THE BOARD AND THANK THE CITY CHEF. 
          THANK YOU. 
          AND REALLY, REALLY CONNECT WITH MS. DR. MILLER HOSKINS. 
          WE WILL. 
          SO THAT SHE, SHE CAN GIVE YOU SOME STEERING DIRECTION. 
          THANK YOU VERY MUCH. 
          THANK YOU. 
          THANK YOU. 
          THANK YOU FOR YOUR PATIENCE. 
          WE'RE TRYING TO DO THE RIGHT THING. 
          UH, DID YOU WANT TO TAKE A BRIEF? OKAY. 
          WE'RE GONNA TAKE A THREE MINUTE BREAK. 
          UH, BOARD OF ADJUSTMENT AT 4:57 PM IS IN RECESS TILL 5:00 PM OKAY. 
          BOARD OF ADJUSTMENT PANEL A IS BACK TO SESSION 5:00 PM WE HAVE ONE LAST CASE TO HEAR. 
          LAST, BUT CERTAINLY NOT LEAST, I PROMISE YOU THAT WE RAN OUTTA TIME IN OUR BRIEFING THIS MORNING. 
          SO THEREFORE WE'RE GONNA BRIEF THE CASE AND THEN GO DIRECTLY TO A PUBLIC HEARING. 
          UH, BOARD MEMBERS, I HAVE FEEDBACK LETTERS FOR BO A 2 6 0 0 0 0 2 4. 
          UH, WE'RE GONNA FIRST DO THE BRIEFING AND IT LOOKS LIKE MR. THOMPSON IS, IS THAT WHO YOU'RE BRIEFING IT? YES, MR. THOMPSON. 
          OKAY. 
          ALRIGHT. 
          MR. THOMPSON WILL BRIEF BO OA DASH 26 DASH 0 0 24 AT 7 8 0 7 MORTON STREET. 
          ALRIGHT. 
          BO OA DASH 26 DASH 0 0 0 0 2 4 AT 7 8 0 7 MORTON STREET WITH A PLANET AND DEVELOPMENT DEPART MATRIX OF 43 DAYS. 
          YOU CAN FOLLOW ALONG ON PAGE 128 OF DOCKET P. 
          YOU GONNA GIVE A NUMBER? WHATCHA I'M NOT, UH, PRESENTATION OVERVIEW. 
          I KNOW YOU'RE NOT, BUT I'M ASKING ANYWAY. 
          UH, THE VICINITY MAP IS TO THE LEFT WITH THE SUBJECT SITE BEING IN THE AREA OF THE YELLOW STAR. 
          IT'S NORTH OF WEST UNIVERSITY BOULEVARD, SOUTH OR WEST LOVERS LANE, EAST OF LEMON AVENUE AND WEST OF INWOOD ROAD. 
          THE AREA MAP IS TO THE LEFT OUTLINED IN BLUE. 
          THE ZONING IS TO THE RIGHT. 
          IT IS PD 67, TRACK FOUR. 
          AND JUST TO NOTE A REFERENCE THAT, UM, TRACK FOUR HAD AN AMENDMENT ON OCTOBER THE 12TH, 2022. 
          SO THIS IS A OUTLINE OF PD 67. 
          UM, AND MORE IMPORTANTLY OF TRACK FOUR. 
          UM, YOU CAN SEE THE CIRCLE ON THE LEFT, UH, IDENTIFYING THE AREA AND THEN TO THE RIGHT, THE SUBJECT SITE OUTLINED IN YELLOW. 
          SO THERE WERE A TOTAL OF 20 PROPERTY ON OWNERS NOTIFIED. 
          WE HAVE ONE ON RECORD, BUT THERE MAY HAVE BEEN ONE OTHER ONE. 
          HOLD ON A SECOND. 
          YOU SAID 20? YES. 
          AND NUMBER TWO RIGHT ABOVE IT IS A YES. 
          YES. 
          UH, YOU HAD NO OPPOSITION. 
          NO OPPOSITION. 
          OKAY. 
          OKAY. 
          OH, THESE LETTERS ARE OUTSIDE. 
          IS THAT WHAT THEY MUST BE? BECAUSE THERE'S ONLY ONE INSIDE, SO WE'VE GOT A BUNCH. 
          THAT'S WHY HE WAS JUST TELLING ME. 
          THERE MAY HAVE BEEN ONE OTHER LETTER THAT, UH, WAS SUBMITTED, BUT I, OKAY. 
          UH, SO THIS IS A VARIANCE, UH, REQUEST TO THE LOCK COVERAGE. 
          UH, SO THE APPLICANT POST TO CONSTRUCT ON AND MAINTAIN A SINGLE FRAME REGISTER STRUCTURE, UM, WITH 49% LOCK COVERAGE, WHICH WILL REQUIRE A 9% VARIANCE TO THE MAXIMUM LOT COVERAGE REGULATIONS. 
          UM, SO THIS, UH, BDA HISTORY, UH, THERE WAS A FEE WAIVER AND IT WAS DENIED BY PANEL A ON APRIL 15TH, 2025. 
          SUBJECT SITE WAS PROPERLY NOTIFIED. 
          UH, SO THIS WAS THE ORIGINAL, UH, NEW CONSTRUCTION PERMIT THAT WAS APPLIED FOR ON 1 21 20 22. 
          AND IT WAS ISSUED ON 5 12 20 22. 
          [03:40:02]
AND THIS IS A SURVEY WITH THE RESULT OF THIS. 
          AND AGAIN, JUST WANT TO REITERATE THAT PD 67 TRACK FOUR ZONING CHANGES WERE IN EFFECT AS OF 10 12 20 22. 
          SO THIS WAS PRIOR TO THAT, UH, THERE WAS AN ADDITIONAL PERMIT APPLIED FOR, UH, 12 5 20 22 AND APPROVED ON 12 19 20 22. 
          SO ALMOST TWO MONTHS AFTER THE CHANGE. 
          AND THE MAIN CHANGE IN THIS SITUATION WAS LOT COVERAGE PREVIOUSLY WAS ALLOWED WAS 45% AND IT REDUCED DOWN TO 40%. 
          MR. THOMPSON, IS THIS IN OUR PACKET? I'M TRYING TO FOLLOW THE PREVIOUS ONE. 
          IT'S IN OUR CA IT'S IN MY CASE REPORT. 
          SO THERE'S A TIMELINE IN THE PA CASE REPORT AS WELL. 
          I'M TRYING TO FILE YEAH, I SEE THAT ON PAGE 1 31. 
          YES. 
          I'M TRYING TO FOLLOW THIS ONE HERE. 
          IS THIS, IS THIS IN HERE AS WELL? I GUESS THE, UH, SITE PLAN. 
          I SEE THIS OR SEE THE ORIGINAL SITE PLAN, THEN I SEE THIS VERSION. 
          OKAY. 
          MAYBE IT'S ON 1 51. 
          OKAY. 
          IT'S, IT'S JUST NOT IN COLOR, THAT'S WHY. 
          YES, I ADDED THE COLOR. 
          YES. 
          OKAY. 
          I'M GOOD NOW. 
          I SEE WHAT YOU SAID. 
          YOU LIKE COLOR OR VISUAL NOW? NOW I SEE WHAT WE'RE TALKING ABOUT. 
          YES. 
          OKAY. 
          I'M GOOD. 
          WHAT DID YOU JUST SAY? I SAID, YOU SAID YOU LIKE COLOR VISUAL SO THAT THEREFORE I TRY TO ADD COLORS TO THE ATION. 
          NO, ABSOLUTELY. 
          SO YOU, WHAT YOU'RE SAYING HERE IS THIS WAS THE SECOND PERMIT ISSUED YES. 
          SUBSEQUENT ACT AFTER PD 67 WENT INTO EFFECT. 
          THAT IS CORRECT. 
          AND SO WE HAVE A PERMIT ISSUED AN ERROR. 
          YES. 
          I JUST WANNA CLARIFY WHAT I DEDUCED. 
          OKAY. 
          I'M, I'M NOT TAKING A SHOT IN ANYONE. 
          THOSE THAT DID THAT AREN'T HERE ANYMORE, BUT YOU GUYS HAVE TO PUT UP WITH IT. 
          OKAY. 
          SO THESE ARE THE ELEVATIONS. 
          UH, AGAIN, IT IS A PATIO, UM, COVER PATIO. 
          SO THIS IS THE SUBJECT SITE LOOKING FROM THE FRONT, LITTLE FURTHER WEST, UH, LETTER OF SUPPORT LOOKING NORTH TOWARDS LOVERS ACROSS THE STREET, EAST, SOUTHEAST, DIRECTLY SOUTH, VACANT LOT NEXT DOOR. 
          AND THIS ONE SHOWS THE AREA OF REQUEST FROM THE FRONT. 
          SO THIS AREA, IF YOU CAN SEE MY CURSOR, UH, THAT IS THE AREA OF THE REQUEST. 
          AND THEN, SO VERY SIM FROM THE ALLEY. 
          OKAY. 
          VERY GO. 
          THE OTHER, OTHER BACK ONE. 
          SO VERY SIMPLISTICALLY, THE HOUSE WAS PERMITTED AS IS. 
          YES. 
          OK. 
          PD 67. 
          YES. 
          PD 67 CHANGED. 
          THEY CAME IN AND ASKED FOR THE ADDITION TO THIS WHATEVER SQUARE FOOTAGE. 
          YES. 
          PD 67 HAD ALREADY CHANGED AND THEY GOT PERMITTED ON THIS. 
          YES. 
          AND THEN, AND THEN, UH, ELM THICKETT OCCURRED. 
          AND THE PD, ACCORDING TO THE LETTER FROM JASON, IT THE, THE PERMIT WAS REVOKED. 
          THAT IS CORRECT. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          AND THEN THIS IS, UH, LOOKING FROM THE ALLEY, UM, I WAS ABLE TO OBTAIN A, SO YOU KIND OF SEE AGAIN THE VIEW. 
          THIS IS THE AREA OF THE REQUEST. 
          IT'S ONLY ON THE FIRST LEVEL. 
          UM, AND AGAIN, IT'S THE PATIO, UH, COVERED PATIO. 
          UM, DO YOU NEED TO RIDE THE NEIGHBORHOOD OR ARE WE GOOD? SO LEGAL STANDARDS OF REVIEW, UH, FOR DECISION MAKING, UM, STAFF RECOMMENDATION IS DENIAL. 
          UM, IT'S THE, UH, LOT IS NOT RESTRICTED IN AREA SHAPE OR SLOPE. 
          UH, THE SUBJECT SITE IS GENERALLY FLAT AND RECTANGULAR AND SHAPE. 
          SO THEREFORE IT CAN BE DEVELOPED IN A MANNER COMMENCEMENT WITH OTHER PARTS OF LAND THE SAME AS ON THE DISTRICT. 
          ANYTHING ELSE, MR. THOMPSON? THAT'S IT, SIR. 
          OKAY. 
          QUESTIONS FOR MR. THOMPSON? OKAY. 
          SO I WANT TO TAKE US THROUGH PAGE 1 31 OF THE, I'M JUST TRYING TO TAKE US BACK THROUGH THE MUD PAGER. 
          1 31 OF, OF THE DOCKET. 
          IS SOMEONE TAKING US THERE? UH, LEMME PULL UP. 
          ARE YOU DOING THIS? I'LL PULL IT UP. 
          JUST ONE SECOND. 
          OKAY. 
          [03:45:01]
YOU SEE PAGE 1 31? YES. 
          PAGE 1 31 IS UP. 
          THANK YOU. 
          OKAY. 
          CURSOR UP JUST SLIGHTLY. 
          ALL RIGHT. 
          THANK YOU. 
          THAT TIMELINE IS WHAT I'M ZEROING IN ON. 
          I KNOW MY WIFE SAYS ALL, ALL THE TIME I REPEAT MYSELF SO I HAVE TO REPEAT MYSELF AT EVERY MEETING. 
          UH, SO THE PERMIT ORIGINALLY POSITIONED MAY 12TH, THEN THE ZONING CHANGE OCTOBER 12TH AND WHAMMO PERMIT ISSUED OC DECEMBER 19TH. 
          HERE'S MY QUESTION. 
          WHO'S MY FAVORITE? OOPS. 
          HE'S ANOTHER ASSISTANT DIRECTOR IN THE ROOM. 
          I GOTTA BE CAREFUL. 
          WHO'S MY FAVORITE ASSISTANT DIRECTOR? MR. JASON POOLE. 
          WHO SIGNED A LETTER IN THE DOCKET? YES. 
          WHY DID IT TAKE DECEMBER 22ND TO OCTOBER OF 24 TO REVOKE? WELL, UNFORTUNATELY JASON NOT HERE TO ANSWER THAT QUESTION, BUT I HE, HE, HE TOLD ME, BUT WE DID BRING DR. 
          HE TOLD ME HE WASN'T GONNA BE HERE TODAY. 
          SO, BUT WE DID BRING, UH, WILLIE, I KNOW I'M NOT GONNA PUT HIM IN THE LINE OF FIRE QUITE YET. 
          HE'S ALL DRESSED UP TO BE, TO TAKE THE BLOOD. 
          SO I'M ASKING YOU, MR. THOMPSON, BUT YOU COULD PUT YOUR GLASSES ON AND THEN LET'S SEE HOW MUCH THAT THOSE SPECS PROTECT YOU. 
          I'M JUST GIVE YOU CRAP. 
          SO IS THERE A REASON WHY THIS TOOK SO LONG? UH, SO TO MY UNDERSTANDING, UM, THEY WAS TRYING TO GATHER ALL THE PROJECTS THAT WERE DONE IN ELM THICKET, UM, AND POST CHANGE PD 67. 
          YES. 
          AND SO, UH, ONCE THEY WERE ASSURED THAT ALL THE PERMITS WERE ISSUED, UM, THOSE THAT THEY TOOK A LOOK TO SEE IF THEY WERE ISSUED PROPERLY OR IN ERROR. 
          UM, THE AMOUNT OF TIME THAT IT TOOK TO GET TO THIS IS HOW WE GOT TO OCTOBER 4TH. 
          OKAY. 
          IT JUST SEEMS TO ME THAT WHEN YOU LOOK AT THIS, IT'S EGREGIOUS. 
          IT'S SAYING TO A PROPERTY OWNER THAT'S DOING ALL THE THINGS THEY'RE SUPPOSED TO DO. 
          NOW I'LL ASK THAT OF THE APPLICANT ON THE RECORD IN A MINUTE. 
          IT'S JUST, IT'S JUST MIND BOGGLING. 
          DECEMBER 19TH OF 22, ALL THE WAY TO OCTOBER 4TH OF 24. 
          WE'RE TALKING ALMOST TWO YEARS. 
          OKAY? I WANNA MAKE COMMENTS ABOUT OUR FIRST CASE IN THIS PD 67. 
          WHEN WE WERE IN THE BASEMENT. 
          WHEN WE WERE IN THE BASEMENT. 
          'CAUSE THEY DIDN'T HAVE SPACE UP HERE AND IT WAS HOT AND WE WERE STRUGGLING WITH THE VERY FIRST ONE. 
          AND I, YOU WERE HERE, YOU WERE HERE. 
          THE TWO, YOU WEREN'T YET AND OH MY GOSH. 
          OKAY. 
          BUT I SHOULD JUST BE QUIET NOW. 
          GOTTA STICK TO THIS CASE. 
          OKAY. 
          UM, ANYTHING ELSE MR. THOMPSON? THAT CONCLUDES THANK YOU VERY MUCH. 
          QUESTIONS FOR THE STAFF? WE HAVE THE APPLICANT HERE, SO WE'RE ABOUT TO GO TO A PUBLIC HEARING. 
          OKAY? UH, IS THE APPLICANT HERE FOR BO? A 26 0 0 2 4 PLEASE COME FORWARD. 
          MS. BOARD, SECRETARY. 
          THANK YOU MS. BOARD SECRETARY, HOW MANY SPEAKERS DO WE HAVE? WE HAVE, UH, THE APPLICANT AND WE HAVE A SUPPORTER ONLINE. 
          WOW. 
          BRAVE SOUL. 
          STILL ONLINE. 
          AND I HAVE A HANDOUT BOY THAT'S PUTTING IN ANY EXTRA WORK. 
          WHAT, WHO IS IT? OH, OKAY. 
          SO WHAT ARE WE DOING HERE? ALRIGHT. 
          WOW. 
          ALRIGHT, SO PASSED IT DOWN. 
          DOES, DOES UM, MS. WILLIAMS HAVE ONE COPY? OKAY, THANK YOU. 
          YOU'RE WELCOME. 
          OKAY, THANK YOU. 
          THAT WAS WHAT I WAS ABOUT TO DO. 
          OKAY. 
          THANK YOU. 
          OKAY. 
          YOU WANT EXTRA? OKAY. 
          WELL CAMIKA MAYBE NEEDS ONE. 
          I DON'T KNOW. 
          ALRIGHT, SO HERE I'LL SEND THIS TO HERE. 
          17, 17 PAGES, SIR. 
          OKAY. 
          ALRIGHT. 
          GOOD AFTERNOON, SIR. 
          GOOD AFTERNOON. 
          [03:50:01]
THANK YOU FOR YOUR PATIENCE. 
          UM, IF YOU'D GIVE US YOUR NAME AND ADDRESS, THEN OUR BOARD SECRETARY WILL SWEAR YOU IN. 
          IT'S BART SOFF, 78 0 7 MORTON STREET, DALLAS, 7 5 2 0 9. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          PLEASE PROCEED. 
          MR. BART. 
          EXCUSE ME. 
          MR. SOFF, I APOLOGIZE. 
          OUR RULES OR PROCEDURES, YOU'RE GONNA HEAR THE SAME THING. 
          YOU'VE BEEN LISTENING ALL DAY ARE SUCH THAT THE APPLICANT GETS FIVE MINUTES. 
          ANYONE ELSE SPEAKING IN FAVOR GETS FIVE MINUTES? ANYONE OPPOSITION GETS FIVE MINUTES AND THEN YOU GET FIVE MINUTE REBUTTAL. 
          UH, I'LL BE REASONABLY GENTLE, GENEROUS WITH YOUR TIME. 
          JUST AS LONG AS YOU'RE NOT REDUNDANT. 
          WHATEVER TIME I GIVE YOU, I HAVE TO GIVE ANYONE ELSE THAT'S SPEAKING. 
          UH, REGARDLESS, YOU STILL HAVE AN OPPORTUNITY OF REBUTTAL. 
          I WOULD SUGGEST YOU SPEAK, LET OTHER PERSON SPEAK, THEN WE'LL COME BACK WITH QUESTIONS AND THEN YOU CAN, UH, FORMULATE ANY REBUTTAL THAT YOU SEE IS NECESSARY. 
          HOW'S THAT? PERFECT. 
          OKAY. 
          THANK YOU. 
          ALRIGHT. 
          ARE YOU THE HOMEOWNER, SIR? I AM. 
          OKAY. 
          UM, DID WE HAVE A FEE WAIVER REQUEST FOR THIS PROPERTY? WE DID. 
          I LOST THAT. 
          IT WAS, IT WAS DENIED BECAUSE I, MY BUILDER WAS SUPPOSED TO HANDLE IT, THE, THE SUB ON THE PROPERTY AND DIDN'T SHOW UP AND DIDN'T ANSWER THE MAIL OR EMAILS. 
          AND I FINALLY GOT INVOLVED AND I SAID, I'M GONNA HANDLE THIS, PAID THE FEE WAIVER AND I'M DEALING WITH HIM ON THE SIDE. 
          OKAY. 
          WELL, BUT I, I PAID THE FEE. 
          IT WAS PAID. 
          I JUST WANTED, I JUST WANTED THE, THE, I WANTED THE RECOLLECTION. 
          I THOUGHT I LOST. 
          YES, I I PAID THE FEE I LOST BECAUSE HE DIDN'T RESPOND. 
          OKAY. 
          SO I PAID THE FEE. 
          OKAY. 
          I'LL ADDRESS THAT ISSUE A LITTLE BIT LATER. 
          OKAY. 
          ALRIGHT. 
          PROCEED PLEASE. 
          OKAY. 
          GOOD AFTERNOON, CHAIRMAN AND MEMBERS OF THE BOARD. 
          THANK YOU FOR YOUR TIME TODAY AND YOUR SERVICE TO OUR CITY. 
          UH, MY NAME IS BART SOFF AND I LIVE AT 78 0 7 MORTON STREET IN DALLAS, TEXAS, IN THE HISTORIC ELM THICKET NEIGHBORHOOD. 
          I'M HERE TODAY TO REQUEST A SPECIAL EXCEPTION OF THE LOT COVERAGE FOR A PATIO I ADDED TO MY HOME IN DECEMBER OF 2022. 
          FOR THE SAKE OF HISTORY, PLEASE ALLOW ME TO SET THE TIMELINE OF WHAT HAS BROUGHT ME HERE TODAY. 
          IN MAY OF 2022, MY BUILDER, MARK HAYES OF HAY SIGNATURE HOMES APPLIED FOR AND WAS ISSUED A BUILDING PERMIT FOR MY HOME FROM THE CITY OF DALLAS. 
          SEE ATTACHED PERMIT IN YOUR PACKET, WHICH MET THE 45% LOCK COVERAGE AS ALLOWED IN PD 67. 
          AT THAT TIME, THE BUILDING OFFICIAL'S REPORT, WHICH YOU HAVE A COPY OF, IS INCORRECT. 
          IT STATES THAT MY BUILDING FOOTPRINT FLOOR AREA IS CONSTRUCTED AT 49% OR 3,670 SQUARE FEET. 
          AND THAT I AM LIMITED TO 40% LOT COVERAGE. 
          THOSE NUMBERS ARE INCORRECT. 
          MY LOT IS 7,500 SQUARE FEET AND MY SLAB FOUNDATION IS 3,381 SQUARE FEET. 
          MEETING THE REQUIREMENT OF PD 67 OF 45%. 
          OKAY. 
          SAY THAT. 
          I APOLOGIZE FOR INTERRUPTING. 
          I WANT, I LIKED WRITING DOWN NUMBERS. 
          OKAY. 
          REPEAT WHAT YOU JUST SAID. 
          OKAY. 
          YOU SAID THE BUILDING OFFICIALS REPORT IS INCORRECT MM-HMM . 
          SO I'M GONNA WRITE THAT DOWN TO PROVE YOU'RE CORRECT. 
          YOU'RE INCORRECT. 
          OKAY. 
          SAY IT AGAIN. 
          SO IT SAYS, THE BUILDING OFFICIALS REPORT THAT YOU HAVE STATES THAT IT STATES THAT MY BUILDING FOOTPRINT FLOOR AREA IS CONSTRUCTED AT 49% OR 3,670 SQUARE FEET. 
          I SEE THAT. 
          TELL ME WHAT YOU THINK IT IS. 
          THE FIRST HANDOUT IN MY, IN THE FIRST HANDOUT, IT SHOWS 33 81 SQUARE FEET OF FOUNDATION OF A 7,500 LOT SQUARE FOOT LOT, WHICH IS 45%. 
          AND THAT'S APPROVED BY THE CITY AND IT'S STAMPED ON THE TOP. 
          OKAY. 
          HOLD ON A SECOND. 
          AND I SHOULDN'T INTERRUPT YOU, BUT I'M GONNA, IT'S OKAY. 
          I'M GONNA, UM, TELL ME WHERE ON THE SHEET OF PAPER IT SAYS 33 81 ON THE BOTTOM RIGHT SLAB AREA. 
          AND IS THIS, THIS IS, I SEE 30. 
          ALRIGHT. 
          SLAB AREA 33 81. 
          THIS IS WHAT YOU SUBMITTED. 
          YOUR JOHN LIVELY AND ASSOCIATES PREPARED AND SUBMITTED AND WAS STAMPED APPROVED BY THE CITY. 
          YES, SIR. 
          AND THAT'S 45%. 
          OKAY. 
          MS. BOARD ADMINISTRATOR, DO YOU WANT TO CHEW ON THAT AND THEN LET 'EM KEEP GOING. 
          OKAY. 
          THEY'RE GONNA CHEW ON THAT. 
          OKAY. 
          'CAUSE 'CAUSE THAT'S A NATURAL DISCREPANCY. 
          I'M, WE NEED CLARIFIED AND THERE THEY GO. 
          OKAY. 
          PROCEED. 
          I HOPE I'M RIGHT. 
          WHILE MY HOUSE WAS BEING CONSTRUCTED, I DECIDED TO ADD A DETACHED OUTDOOR PATIO. 
          AND THAT PATIO PERMIT WAS ISSUED BY THE CITY OF DALLAS IN DECEMBER OF 2022. 
          SEE ATTACHED PERMIT IN YOUR PACKET. 
          YEAH, IT'S, IT SHOULD BE THE SECOND ITEM. 
          DECEMBER, 1920. 
          MM-HMM 
          [03:55:01]
. 
          OKAY. 
          THANK YOU. 
          WHAT HAS BROUGHT ME HERE TODAY BEFORE YOU TODAY, I BELIEVE, IS THAT IN BETWEEN THE CITY ISSUING MY BUILDER THE BUILDING PERMIT FOR MY HOME IN MAY OF 2022, AND THEN THE CITY ISSUING MY BUILDER A PERMIT FOR THE DETACHED BACK PATIO IN DECEMBER OF 2022. 
          BUILDING STANDARDS IN PD 67 THAT OVERSEE NEW CONSTRUCTION IN ELM THICKETT NORTH PARK WERE CHANGED IN OCTOBER OF 2022. 
          I BELIEVE THE CITY MADE A MISTAKE NOT ONLY THINKING MY SLAB, WHICH IS A LIV LIVABLE AREA, EXCEEDED THE AMENDED PD 67, BUT ALSO MY OUTDOOR PATIO WAS PART OF MY ENCLOSED HOME. 
          I RECEIVED A LETTER IN THE MAIL FROM THE CITY A FEW MONTHS LATER STATING THAT THE PATIO WAS NOT IN COMPLIANCE OF PD 67 AND THAT IT EXCEEDED MY LOT COVERAGE. 
          MY PATIO IS JUST THAT A PATIO. 
          IT IS NOT CONNECTED TO THE FOUNDATION OF MY HOME. 
          IT DOES NOT HAVE WALLS. 
          IT IS A PATIO THAT HAS A ROOF COVERING, SO THE SUN DOES NOT BEAT DOWN ON ME. 
          THE ROOF COVERING IS NOT ATTACHED TO MY ROOF LINE. 
          IN NO WAY IS THIS PATIO PART OF THE TOTAL LOCK COVERAGE OR TO BE CONSIDERED LIVING SPACE. 
          IT'S A SEPARATE PIECE OF CONCRETE WITH TILE ON TOP. 
          IT IS NOT ENCLOSED. 
          IT IS NOT AN ENCLOSED AREA WHEN IT'S COLD OUTSIDE. 
          I CAN'T SIT ON MY PATIO WHEN IT'S HOT OUTSIDE IN THE SCORCHING TEXAS SUMMERS. 
          I CANNOT SIT ON MY PATIO. 
          IT DOES NOT HAVE HEATING OR AIR CONDITIONING CONNECTED TO MY HOME. 
          IT IS AN AREA TO ENJOY OUTSIDE WHEN WEATHER PERMITS. 
          IF I EVER SELL MY HOME, I CANNOT INCLUDE THE SQUARE FOOTAGE OF MY PATIO AS PART OF MY LIVABLE AREA. 
          I HAVE SPOKEN TO MO MULTIPLE REAL ESTATE AGENTS AND ATTORNEYS, AND THEY ALL AGREE THAT MY PATIO IS NOT A LIVABLE PART OF THE HOUSE, NOR COULD IT BE MARKETED AS LIVABLE SPACE. 
          I UNDERSTAND THE CITY'S DESIRE TO ENSURE THAT BUILDERS FOLLOW THE BUILDING STANDARDS SET FORWARD TO PROTECT HISTORIC NEIGHBORHOODS SUCH AS ELM THICKET NORTH PAR NORTH PARK. 
          MY BUILDER AND I DID. 
          SO WE FOLLOWED ALL THE RULES BY THE CITY. 
          WHEN I BUILT MY PATIO, I DIDN'T DO ANYTHING TO SKIRT OR CIRCUMVENT THE ORDINANCE. 
          I ACTED IN GOOD FAITH. 
          I APPLIED FOR AND RECEIVED A PERMIT FROM THE CITY OF DALLAS TO BUILD AN OUTDOOR PATIO. 
          IT'S THE CITY THAT MADE THE ERROR, NOT ME NOR MY BUILDER. 
          IF THE CITY THINKS, THINKS THERE'S AN ERROR, MY BUILDER AND I NEVER THOUGHT WE WOULD BE VIOLATING PD 67 OR WE WOULDN'T HAVE ADDED A PATIO. 
          IF THE CITY OF DALLAS HAD DECLINED MY PATIO PERMIT, I WOULD'VE NOT BUILT AN OUTDOOR PATIO. 
          MY PATIO IS NOT A HARM TO MY NEIGHBORS. 
          I HAVE RECEIVED LETTERS OF SUPPORT FROM MY NEIGHBORS THAT MY PATIO IS NO HARM TO THE NEIGHBORHOOD. 
          AS WELL AS A LETTER FROM THE ELM THICKET ADVOCACY GROUP SAVE ELM THICKET. 
          THEY'RE THE ORGANIZATION THAT DISCOVERED THE HEIRS, UH, IN THE PERMITTING DEPARTMENT. 
          AFTER THE CHANGES TO PD 67 WERE APPROVED, SHOULD THE CITY REQUEST I TEAR OUT MY PATIO, THE COST WOULD BE EXTREME AND THE HARM WOULD BE TO MY CELL ONLY. 
          THE APPROXIMATE COST TO TEAR UP MY PATIO WOULD BE ABOUT $70,000. 
          I BROUGHT AN ESTIMATE TODAY PROVIDED BY THE BUILDER. 
          THAT DOES NOT INCLUDE THE COST TO ADD THE PATIO IN THE ORIGINAL BIDDING BUILDING PROCESS. 
          AND THAT WAS MORE THAN 75,000. 
          THE TOTAL LOSSES TO ME INCURRED WOULD BE MORE THAN 145,000. 
          I FEEL THAT I SHOULD NOT BEAR THE FINANCIAL BURDEN OR THE LOSS OF A PATIO AREA THAT GIVES ME PLEASURE TO ENJOY FOR THE CITY'S MISTAKE. 
          TO SUM THIS UP, WE FOLLOWED THE PROCESS. 
          MY BUILDER APPLIED FOR BOTH A BUILDING AND PATIO PERMIT, AND BOTH WERE GRANTED BY THE CITY OF DALLAS AND GREEN TAGGED. 
          MY PATIO IS NOT DECREASING PROPERTY VALUES, NOR DOES IT AFFECT THE AESTHETICS OF THE NEIGHBORHOOD. 
          IF ANYONE IS AT FAULT, IT'S THE CITY. 
          I SHOULDN'T HAVE TO BEAR THE BURDEN OF THE CITY'S AIR, ESPECIALLY WHEN THE DETACHED PATIO HAS NO WALLS HVAC CONNECTION AND DOES NOT ADD TO THE LOT COVERAGE. 
          I FOLLOWED THE CITY BUILDING REQUIREMENTS FOR MY HOME AS SET BY THE CITY. 
          I'M THE HOMEOWNER AND I WANTED TO RESPECT THE NEIGHBORHOOD AND THE NEIGHBORS WHEN I BUILT MY HOME. 
          AND I FOLLOWED ALL THE GUIDELINES WHEN BUILDING MY HOME. 
          PLEASE APPROVE MY VARIANCE. 
          I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. 
          THANK YOU, SIR. 
          UH, ALL RIGHT. 
          SO, UM, WE'RE GONNA LISTEN TO THE OTHER PERSON THAT IS HERE IN SUPPORT AND THEN WE'RE GONNA GO TO QUESTIONS. 
          OKAY? AND THEN HOPEFULLY THE QUESTION ANSWERED, THEN YOU'LL HAVE AN OPPORTUNITY FOR REBUTTAL MS. BOARD ADMINISTRATOR. 
          I'LL GO TO YOU AND THEN YOU CAN DIRECT YOU HOW YOU WANT TO HANDLE IT. 
          RIGHT? I'LL, UM, ALLOW MR. THOMPSON AND OR MR. FRANKLIN TO ADDRESS THE COMMENTS. 
          SO ONE CLARIFICATION IS REAL ESTATE VERSUS CITY CODE. 
          SO YES, FROM A REAL ESTATE PERSPECTIVE, A COVERED PATIO MAY NOT COUNT. 
          HOWEVER, FROM THE CITY OF DALLAS, WHEN WE CALCULATE LOCK 
          [04:00:01]
COVERAGE, THE COVERED PATIO WITH OMITTED WALLS STILL COUNTS. 
          THE WAY WE TAKE A LOOK AT IT AT THE CITY OF DALLAS IS IF IF IT'S DETACHED ATTACHED, DOESN'T MATTER IF YOU CAN STAND UNDER IT AND NOT GET WET, IT COUNTS TOWARDS YOUR LOCK COVERAGE. 
          HOLD, HOLD, HOLD THAT THOUGHT RIGHT THERE. 
          HOLD THAT A SECOND. 
          AND HOW LONG HAVE WE USED THIS STANDARD? I STARTED IN 2013 AND IT'S BEEN THERE AT LEAST SINCE THAT LONG. 
          SO LONG AND LONG AND LONG. 
          YES. 
          IT'S NOT SOMETHING NEW. 
          NO. 
          ALRIGHT. 
          WINDY . 
          WELL, OKAY. 
          WELL AGAIN, WE CAN'T DEAL WITH SIDE WIND IF THE RAIN IS COMING STRAIGHT DOWN. 
          ALRIGHT, BECAUSE EVERYBODY ALWAYS BRING UP THAT ARGUMENT. 
          WHAT ABOUT WENDY? SO MR. THOMPSON, WHAT YOU'RE SAYING IS, IS THAT THE WAY THE CITY, I'LL COME BACK, YOU'LL GET A CHANCE TO RESPOND. 
          SO WHAT YOU'RE SAYING IS, ACCORDING TO THE WAY BUILDING INSPECTION HANDLES IT, IT'S WHAT YOU SAY CONCRETE WITH, WITH A ROOF. 
          SO FOR EXAMPLE, A PERGOLA PERGOLA, LIKE SOME PEOPLE A PERGOLA CAN HAVE OPEN SLATS, WHICH IS TO A PERGOLA IS TOTALLY DETACHED FROM THE HOUSE. 
          OH NO, YOU CAN ATTACH IT TO YOUR HOUSE. 
          OKAY. 
          OKAY. 
          BUT AGAIN, FOR THE PURPOSE OF WHAT WE'RE DISCUSSING, A PERGOLA HAS OPEN SLATS, SO THEREFORE WATER CAN COME STRAIGHT DOWN AND YOU CAN GET WET. 
          IT STILL CAN BE, SOME PEOPLE CAN CALL IT A PATIO, PATIO COVER, BUT THOSE SLATS THAT RUN ALONG ALLOW YOU TO GET WET. 
          IF IT'S COVERED TO WHERE YOU CANNOT GET WET, THEN IT COUNTS TOWARDS YOUR LOCK COVERAGE. 
          SO A PERGOLA WOULD NOT, HOWEVER, THE WAY IT WAS CURRENTLY DESIGNED, UNFORTUNATELY IT WAS, YES, IT WAS MISSED AND PERMITTING. 
          WE ALL UNDERSTAND THAT NOW. 
          UM, BUT IF SOMEONE WOULD'VE TOLD YOU AT THAT POINT IN TIME, YOU COULD HAVE PRETTY MUCH THE EXACT SAME THING, BUT THE ROOFING WOULD HAVE TO CHANGE. 
          OBVIOUSLY YOU COULD HAVE MADE THOSE OPTIONS, THOSE CHANGES. 
          CITY OBVIOUSLY HAS MADE ERRORS, BUT THAT'S HOW WE TAKE A LOOK AT LOCK COVERAGE. 
          WE DON'T TAKE A LOOK AT IT. 
          UH, LIKE REAL ESTATE PEOPLE DO. 
          FOR EXAMPLE, AC NONE AC SPACE APPRAISAL DISTRICT TAKES A LOOK AT IT DIFFERENT. 
          UM, BECAUSE THEY, IF YOU NOTICE LIKE ON YOUR APPRAISAL, IT'LL HAVE LAND IMPROVEMENTS AND THEN YOU'LL SEE GARAGE, ALL THOSE OTHER. 
          SO EACH ENTITY TAKES A LOOK AT IT. 
          DIFFERENT THE INDUSTRY IN TERMS OF REAL ESTATE, ONE WAY CITY CODE, ONE WAY, THE WAY YOU PAY YOUR TAXES ANOTHER WAY. 
          UNFORTUNATELY, THAT'S JUST THE WAY IT IS. 
          AND WISH IT WOULD'VE BEEN BETTER EXPLAINED TO YOU, YOUR DEVELOPER BUILDER, THINGS OF THAT NATURE. 
          SORRY, SPEAK. 
          DID YOU WANT TO SPEAK? DID YOU WANNA SPEAK TO THAT SIR? NO, SIR. 
          OKAY. 
          YOU CAN RESPOND TO THAT AND THEN WE'LL, WE'RE GONNA LISTEN TO THE OTHER. 
          I JUST WANTED TO FACTUALLY DETERMINE THAT. 
          SO KNOWING THAT NOW IF WE HAD BEEN TOLD THAT WE NEED TO DO A PERGOLA OR SOMETHING DIFFERENT, THEN WE WOULD'VE FOLLOWED THE CITY GUIDELINES AND DONE THAT. 
          BUT WE WERE NOT, WE WERE APPROVED TO BUILD WHAT I HAVE. 
          AND I KNOW YOU ALSO SAID THAT IF IT THE RAIN COMES DOWN STRAIGHT ON YOU, THEN IT'S NOT A COVERED PATIO. 
          BUT WHEN IT RAINS OUTS, AND I, I KNOW WE'RE JUST SEMANTICS HERE, BUT WHEN IT RAINS OUTSIDE, I CAN'T SIT OUT THERE BECAUSE I GET WET. 
          SO TO ME IT'S A PATIO. 
          BUT I UNDERSTAND WHERE WE'RE GOING, BUT WE WOULD'VE NOT BUILT THIS I A COVERED ROOF HAD WE BEEN, I I WOULD, I WOULD. 
          YOUR YOUR HOME LOOKS VERY NICE. 
          IT LOOKS LIKE YOU DID A VERY GOOD JOB OF IMPROVING IT. 
          SO WE APPRECIATE THAT. 
          UM, I CAN'T SPEAK TO WHAT WAS THEN. 
          I CAN'T, IMA I CANNOT IMAGINE THE CURRENT LEADERSHIP IN PLANNING AND DEVELOPMENT NOT BEING RECEPTIVE TO A HOMEOWNER THAT COMES IN AND I, AND SAYS, I WANNA PUT THIS ADDITION ON AND THEM GIVING YOU OPTIONS ON WAYS THAT COULD BE CONSTRUED AS ALLOWED WITHIN YOUR LOT COVERAGE OR NOT. 
          UM, I LOOKED AT YOUR PICTURES AND IMMEDIATELY ZEROED IN ON ROOF LINE THINKING IT WAS ROOF LINE AND IT'S NOT. 
          YOU'RE RIGHT, YOU'RE SAYING IT'S NOT A ROOF LINE ISSUE, MR. THOMPSON. 
          SO I'M THINKING ROOF LINE AND HE'S SAYING IT'S NOT THAT IS CORRECT. 
          OKAY. 
          SO I'M NOT GONNA LOOK AT ROOF LINE THEN I LOOKED AT ATTACHED TO THE WALL. 
          THAT'S NOT EITHER RIGHT? IT'S IT'S THE BASE WITH A ROOF. 
          THAT IS CORRECT. 
          OKAY. 
          SO, UM, MS. BOARD ATTORNEY, WOULD YOU READ WHAT THE CODE SAYS AS IT RELATES TO LOT COVERAGE? AND I ASSUME THIS APPLIES TO PD 67 BECAUSE I I WOULD HATE FOR YOU TO READ BASELINE ZONING AND THEN PD 67 HAVING SOMETHING DIFFERENT. 
          OOPS, THAT WOULD NEVER HAPPEN. 
          I DON'T THINK ANYONE HERE WAS AN OOPS ON THAT EXCEPT THE APPLICANT PD 67. 
          UM, THIS IS THE CURRENT PD 67. 
          CORRECT. 
          AND THE DEFINITIONS IN CHAPTER, 
          [04:05:01]
IN INTERPRETATIONS IN CHAPTER 51 A APPLY TO THIS ARTICLE UNLESS FURTHER DEFINED IN PD 67. 
          AND PD 67 DOESN'T HAVE ANOTHER DEFINITION OF COVERAGE. 
          SO IT DEFAULTS, SO IT DEFAULTS TO SECTION TWO DASH 1 0 2, UM, OF THE DALLAS CITY CODE, WHICH STATES COVERAGE MEANS THE PERCENTAGE OF LOT AREA COVERED BY A ROOF FLOOR OR OTHER STRUCTURE EXCEPT THAT ROOF EAVES UP TO 24 INCHES AND OTHER ORDINARY BUILDING PROJECTIONS UP TO 12 INCHES ARE EXCLUDED. 
          SO WAS ANY OF THAT PART OF THAT EXCLUSION, IF ANY, OF WHAT HE DID PART OF THAT EXCLUSION ALLOWED IN PD SIX OR THE BASE ZONING? SO BASICALLY WHAT I WAS SAYING WAS WHAT SHE READ, WHICH IS IT SAYS ROOF, IT DIDN'T SAY ANYTHING ABOUT, UH, OMITTED WALLS LIKE HE'S SAYING LIKE, SO THEREFORE IT IS NON AC SPACE. 
          IT DOESN'T SAY THAT IT SAYS ROOF COVERING. 
          SO, OKAY. 
          I'M NOT BOXING YOU IN, I'M JUST TRYING TO DEAL WITH FACTS. 
          UM, YEAH. 
          AND SO THAT WOULD SAY THAT THIS DOCUMENT THAT THAT WAS CREATED FOR YOU WASN'T EXACTLY ACCURATE ACCORDING TO THE CITY'S STANDARD AS IT RELATES TO THAT. 
          BUT YOU ALSO GOT A, A, A STAMP IN THE CORNER, BUT OKAY. 
          UM HMM. 
          SO THAT TELLS ME THAT THE CURRENT WRITEUP IN THE THE APPLICATION IN THE REPORT IS CORRECT IF I'M HEARING WHAT I'M HEARING HERE. 
          YEAH. 
          THAT'S ALL I WANTED TO DO. 
          DO I I GOT YOU. 
          YES. 
          NO, I, I WANT, YES, WE WANNA DEAL WITH FACTS BECAUSE IF WE, DEPENDING ON WHERE WE GO, WE WANT TO DO AGAINST WHAT YOUR REQUEST IS VERSUS WHAT THE PROFESSIONAL STAFF SAYS IS THE STATUS QUO VERSUS THE CODE. 
          'CAUSE THAT'S THE THREE THINGS THAT WE'RE, WE'RE DEALING WITH. 
          OKAY. 
          SO HOLD ON ONE SECOND. 
          UM, MS. WILLIAMS, DO WE HAVE, UH, YOU SAID YOU HAVE ONE SPEAKER ONLINE IN FAVOR? THAT IS CORRECT. 
          OKAY. 
          PLEASE. 
          MR. GUS PEREZ, CAN YOU PLEASE, UM, GIVE US SOME VIDEO AND AUDIO? THERE WE GO. 
          WITH A LITTLE BIT OF A LAG ON THE, UH, AUDIO AND VIDEO. 
          CAN YOU GUYS SEE ME HEAR ME? YES. 
          ALRIGHT. 
          UH, UM, CAN YOU SPEAK A LITTLE LOUDER? SPEAK A LITTLE LOUDER. 
          HOW'S THAT? GOOD EVENING, SIR. 
          I NEED YOU TO BE SWORN IN BY OUR BOARD SECRETARY. 
          OKAY. 
          CAN YOU PLEASE STATE YOUR NAME AND ADDRESS FIRST? UH, YES. 
          MY NAME IS GUS PEREZ. 
          MY ADDRESS IS 78 11 MORTON STREET. 
          OKAY. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          PLEASE PROCEED. 
          OKAY. 
          UH, HELLO LADIES AND GENTLEMEN OF THE DALLAS BOARD OF ADJUSTMENT. 
          UH, MY NAME IS GUS PETTIS, AS I JUST STATED. 
          AND I'M THE HOMEOWNER AT 78 11 MORTON STREET. 
          MR. SOFF IS MY NEXT DOOR NEIGHBOR. 
          UH, AND I'M HERE TO REQUEST THAT YOU GRANT MR. SKO HIS VARIANCE. 
          UH, I ALSO, I'M ALSO HERE AS THE CO-FOUNDER OF THE ADVOCACY GROUP SAVE ELM PICKETT. 
          THIS IS THE ORGANIZATION DEDICATED TO PROTECTING THE HISTORY AND CHARACTER OF ELM PICKETT. 
          IT WAS SAVE ELM THICKETT, AS YOU HEARD EARLIER, THAT BROUGHT, UH, THAT THAT BROUGHT THE WELL-PUBLICIZED BUILDING PERMITTING ERRORS TO THE CITY'S ATTENTION IN JANUARY OF 2024. 
          I RECOGNIZE THESE ERRORS IMMEDIATELY BECAUSE I ALSO SERVED ON THE ELM THICKET AUTHORIZED HEARING STEERING COMMITTEE THAT WAS CREATED TO UPDATE PD 67 AND ADDRESS OUR NEIGHBORHOOD'S CONCERNS ABOUT PROTECTING THE CHARACTER OF THIS HISTORIC NEIGHBORHOOD. 
          I WANNA POINT OUT THAT MR. SOFF OBTAINED HIS HOMES BUILDING PERMIT BEFORE THE NEW ZONING RULES WENT INTO EFFECT, GRANTING HIM LOT COVERAGE AT 45%. 
          HE DID STATE THAT EARLIER AS WELL. 
          IF MR. KO'S HOME IS DESTROYED BY FIRE OR NATURAL DISASTER, HE WOULD BE ALLOWED TO REBUILD THE HOME USING THE PREVIOUS ZONING RULE GRANTING 45% LOT COVERAGE. 
          LET ME CLEARLY STATE THAT THIS IS THE, THAT THIS CASE THAT WE'RE HEARING TODAY IS NOT LIKE THE PREVIOUS ELM THICKETT BOA CASES YOU HEARD LAST YEAR OR TWO YEARS AGO. 
          UH, PLUS APPROVING THE VARIANCE OF MR. SCOS BACKYARD PATIO DOES NOT VIOLATE THE SPIRIT AND INTENT OF THE NEW ZONING RULES. 
          I PERSONALLY HELPED WRITE AND GET PAST IN OCTOBER OF 2022. 
          AS THE HOMEOWNER WHO LIVES NEXT DOOR AND THE CO-FOUNDER OF SAVE ELM THICKET, MR. KO'S OUTDOOR PATIO DOES NOT ADVERSELY AFFECT MY PROPERTY, THE SURROUNDING PROPERTIES OR ANYONE ELSE IN THE AREA. 
          THERE IS NO ADVERSE EFFECTS TO THE HOME PRICES, UH, TO THE HISTORIC NEIGHBORHOOD CHARACTER OR TO MY OWN PERSONAL QUALITY OF LIFE. 
          SO AGAIN, I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU HAVE, WHY I FEEL MR. KO'S VARIANCE REQUEST SHOULD BE APPROVED. 
          THANK YOU. 
          THANK YOU VERY MUCH SIR. 
          [04:10:02]
ALRIGHT. 
          QUESTIONS FOR THE APPLICANT OR THE OTHER SPEAKER? WELL, I'LL MAKE A FEW COMMENTS AND THEN I'M, I'M GONNA MAKE A MOTION. 
          UM, FIRST OF ALL, I APOLOGIZE IN THE PART OF THE CITY OF DALLAS, UM, IT IS DISHEARTENING FOR A FORMER AND A CURRENT FORMER IN A DIFFERENT ROLE AND IS A CURRENT VOLUNTEER, UH, CITIZEN ON THE BOARD THAT WE FAILED OUR CITIZENS AND PROPERTY OWNERS. 
          UM, THIS TIMETABLE BETWEEN MAY OF 22ND TO OCTOBER 22ND, DECEMBER 22ND TO OCTOBER 24 IS, OH, I COULD GIVE ALL SORTS OF ANALOGIES, UM, HOW IT WOULD AFFECT US INDIVIDUALLY, EITHER ON THE VOLUNTEER SIDE OR ON THE PAID PROFESSIONAL STAFF SIDE OF WHAT HAPPENED IF WE GOT SOMETHING APPROVED AND THEN LATER HAD IT TAKEN AWAY FROM US. 
          I VERY MUCH APPRECIATE YOUR COMMENTS AS IT RELATES TO YOU WOULD'VE ADJUSTED YOUR PLANS IF YOU WOULD'VE KNOWN IT WAS OTHERWISE. 
          AND WE HEAR A LOT OF PEOPLE TESTIFY A LOT OF THINGS ALL DAY LONG. 
          WE STARTED AT NINE THIS MORNING AND SOME PEOPLE WE BELIEVE, AND SOME PEOPLE WE DON'T. 
          AND I'M NOT SAYING WHO AND WHO, I'M JUST SAYING I I FOR ONE, BELIEVE YOU, I THINK WE DO. 
          AS I SAID BEFORE, I AM CONFIDENT UNDER THE CURRENT DIRECTOR OF, OF PLANNING AND DEVELOPMENT, SHE WOULD WELCOME A FORTHRIGHT STAFF WITH ONE OF HER ASSISTANT DIRECTORS RIGHT HERE IN SAYING OPTIONS FOR YOU TO COMPLY. 
          BUT HOW CAN YOU COMPLY IF, IF YOU'RE TOLD THE TOLD ONE THING IN THE RULES OR ANOTHER? I'LL SPEAK THIS FOR THE RECORD. 
          WE'VE NEVER REALLY GOTTEN TO THE BOTTOM OF PD 67. 
          MORASS NEVER HAVE. 
          REALLY, REALLY WHAT HAPPENED WAS THAT THE CITY SECRETARY DIDN'T, DIDN'T POST THE ZONING RULES. 
          WAS IT THE CITY ATTORNEY'S OFFICE THAT'S SUPPOSED TO REVIEW IT ON A QUARTERLY BASIS? WAS IT BUILDING INSPECTORS? I DID THIS DURING ALL OUR HEARINGS. 
          YOU REMEMBER THIS GUYS? IT WAS A BUILDING INSPECTORS THAT HAD THEIR OWN SET OF RULES IN THEIR POCKET. 
          WE NEVER GOT TO THE BOTTOM OF THAT. 
          NOW I SAY THAT WITH BITTERNESS, BUT ALSO A FEELING OF CONFIDENCE THAT THE DIRECTOR OF DEVELOPMENT, PLANNING, PLANNING AND DEVELOPMENT IS CLEANING THIS UP. 
          AND WE WON'T GO THROUGH THIS AGAIN. 
          YES, MISTAKES ARE MADE, BUT THIS IS A REASON WHY THE BOARD OF ADJUSTMENT IS HERE, IS TO SAY WITH THE BALANCE OF THE INFORMATION WE HAVE IN FRONT OF US AND THE INTENT AND ALSO FEEDBACK FROM ADJACENT PROPERTY OWNERS, WHAT WAS THE INTENT? WHAT'S, YOU KNOW, I SAID THIS THREE TIMES TODAY. 
          WHAT'S GOING ON IN THE NEIGHBORHOOD? WHAT'S THE CO WHAT'S THE APPLICANT REQUESTING OR DOING VERSUS THE STA STANDARD? AND WE TRY TO KEEP A THREAD THROUGH ALL THREE OF THOSE AND NOT HAVE THAT THREAD BROKEN. 
          SO I APOLOGIZE, I'M PA ON THE BEHALF OF THE CITY. 
          IT IS HORRIBLE THAT YOU HAVE TO HAVE GONE THROUGH ALL THIS PROCESS. 
          IT'S HORRIBLE. 
          YOU HAD TO WAIT ALL DAY LONG. 
          I'LL TELL YOU THE REASON WHY I DID YOURS LAST IS YOURS IS 24  AND IT'S THE OLDEST NUMBER IN THE BATCH FOR THE DAY. 
          AND I TRIED TO, WE TRIED TO SET THE AGENDA UP FOR THE FIRST PERSON THAT THE STAFF ACCEPTED VERSUS THE LAST, AND THAT'S THE WAY IT FELT. 
          SO I WILL BE SUPPORTING THIS AND I'M READY TO MAKE A MOTION UNLESS THERE ARE OTHER QUESTIONS. 
          I WOULD ALSO ENCOURAGE YOU TO COME BACK TO US FOR A FEE WAIVER, A FEE REIMBURSEMENT, BUT COME BACK YOURSELF. 
          I THINK SOMEONE MISREPRESENTED YOU. 
          MM-HMM . 
          UH, BOARD MEMBERS. 
          I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA TWO SIX DASH 0 0 0 2 4 IN THE APPLICATION OF BART SKO. 
          GRANT, THE 9% 600 SQUARE FOOT, ARE WE SURE THIS IS THE CORRECT NUMBER, MR. THOMPSON? THE SIX 70 IS A GOOD NUMBER. 
          YES. 
          SO THAT IS THE EX THAT WAS THE PERMITTED ORIGINAL FOUNDATION PLUS THE ADDITION WHICH MAKES THE LOCK COVERAGE WHAT WE PUT ON THAT DOCUMENT. 
          OKAY. 
          I WOULD HATE TO APPROVE SOMETHING THAT LATER ON WE FIND OUT IT'S ANOTHER NUMBER. 
          IT'S AB ABSOLUTELY AGREE. 
          THIS IS, THIS IS THE NUMBER. 
          YES. 
          OKAY. 
          SO I, I MOVED TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BO 8 2 6 0 0 0 0 2 4. 
          AN APPLICATION OF BARKO GRANT. 
          THE 9% 600 SQUARE 70 SQUARE FOOT VARIANCE TO THE MAXIMUM LOT COVERAGE REGULATION REQUESTED BY THIS APPLICANT. 
          'CAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACT OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE DALLAS OF MCCOMB AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT. 
          WHAT I SHOULD SAY IS ADDITIONAL UNNECESSARY. 
          I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER PURPOSE INTENT OF THE DALLAS DEVELOPMENT CODE. 
          SO DOES HE NEED TO PROVIDE YOU ANY OTHER PLANS OR ARE THESE PLANS SUFFICIENT ENOUGH FOR ME TO REFERENCE? UH, THESE PLANS ARE SUFFICIENT AND UH, AD FRANKLIN IS GOING TO MEET WITH 
          [04:15:01]
BOY AFTERWARDS AND MAKE SURE THAT THIS PROCESS CONTINUES TO RUN SMOOTHLY FORWARD. 
          OKAY. 
          THANK YOU. 
          THAT'S 'CAUSE I KEEP MENTIONING HIS BOSS'S BOSS. 
          OKAY. 
          I FURTHER MOVE THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS VOTING CODE. 
          COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SIDE PLANS ARE REQUIRED. 
          THE CHAIRMAN HAS SO MOVED. 
          IS THERE A SECOND? SECOND. 
          IT'S BEEN SECOND BY MR. OVITZ. 
          I DON'T NEED TO SAY MUCH MORE. 
          YOU SHOULD COME, YOU SHOULD FILE A REQUEST FOR A FEE REIMBURSEMENT. 
          IT'S CLEARLY YOU WOULD QUALIFY AT LEAST ONE VOTE FOR THAT. 
          UM, UH, IT'S DISAPPOINTING. 
          UH, THE ONLY THING THAT'S POSITIVE ABOUT THIS IS THE NEW LEADERSHIP, I THINK IS, IS MUCH BETTER FOCUSED. 
          I'M TALKING ABOUT CITY STAFF ON MAKING SURE THAT WE DON'T MAKE MISTAKES LIKE THIS. 
          SO, UH, DISCUSSION ON THE MOTION. 
          MR. HAITZ. 
          NOTHING FURTHER DISCUSSION ON THE MOTION HEARING? NO DISCUSSION. 
          THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. HAITZ? AYE. 
          MR. ROGERS? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO A 2 6 0 0 0 0 2 4, THE BOARD UNANIMOUSLY AND A VOTE OF FIVE TO ZERO. 
          GRANT YOUR REQUEST FOR A VARIANCE OF THE MAXIMUM LOT COVERAGE. 
          UH, YOU'LL GET AN EMAIL FROM OUR STAFF AND IT SOUNDS LIKE THE ASSISTANT DIRECTOR IS GONNA VISIT WITH YOU FURTHER. 
          AND, UM, AGAIN, WE HOPE TO SEE YOU AGAIN WITH THAT FEE REIMBURSEMENT. 
          THANK YOU FOR YOUR TIME TODAY. 
          THANK YOU VERY MUCH. 
          BOARD MEMBERS, DO WE HAVE ANYTHING ELSE TODAY? I DON'T THINK SO. 
          UM, IT IS 5:41 PM THE BOARD OF ADJUST THE, UH, 5:41 PM UM, PANEL A, UM, MAY 19TH THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN. 
          I MOVE TO ADJOURN. 
          IS THERE A SECOND? SECOND. 
          ALL IN FAVOR? AYE. 
          AYE. 
          ALL OPPOSED? UH, WE ADJOURNED AT 5:41 PM THANK YOU.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.