* 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. [00:00:02] ALL [Board of Adjustments: Panel B on May 20, 2026.] RIGHT, GREAT. GOOD AFTERNOON AND WELCOME TO THE BOARD OF ADJUSTMENT. I'M PARKER GRAHAM AND I'M HONORED TO SERVE AS THE TEMPORARY PRESIDING OFFICER OF THE BOARD OF ADJUSTMENTS PANEL B. TODAY IS WEDNESDAY, MAY 20TH, 2026 WITH A TIME OF 1:01 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING. A QUORUM MEETING FIVE OF OUR PANEL MEMBERS IS PRESENT, AND THEREFORE WE CAN PROCEED WITH OUR MEETING BOARD MEMBERS PRESENT TODAY. INCLUDE ME, PARKER GRAHAM, SARAH LAMB, SHERRY GABO, MICHAEL QUINT, AND STUART CAMPBELL. CITY STAFF PRESENT INCLUDE THERESA CARLISLE, BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. KAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MARY WILLIAMS, BOARD SECRETARY AND MEETING MODERATOR. BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED. MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME. WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. NO ACTION OR DECISION ON A CASE SET TO PRECEDENT. EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES. THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION BY THE BOARD. WE'VE BEEN FULLY BRIEFED BY CITY STAFF BEFORE THIS HEARING. WE'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS BEFORE THE PUBLIC HEARING. ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE'LL HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD OF SECRETARY WHEN YOUR CASE IS CALLED. THE EVIDENCE MUST BE RETAINED IN OUR BOARD'S OFFICE AS PART OF THE PUBLIC RECORD OF EACH CASE. APPROVALS OF A VARIANCE SPEC, SPECIAL EXCEPTION, OR REVERSAL OF A BUILDING. ADMINISTRATOR'S OFFICIAL'S DECISION REQUIRE 75% OR FOUR AFFIRMATIVE VOTES OUT OF THE FULL FIVE MEMBER PANEL. ALL OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE. A DECISION LETTER OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD SECRETARY, MS. WILLIAMS, WITHIN TWO DAYS AFTER TODAY'S HEARING, AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE. IN ADDITION, OUR BOA WEBSITE PENDING CASE LOG PAGE WILL BE UPDATED TO REFLECT OUR DECISIONS TODAY. ANYONE WHO'D LIKE TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD. SECRETARY EAST REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER, UH, ON THE AGENDA FOR A MAXIMUM OF THREE MINUTES. UH, A SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. ALL REGISTERED INFO SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX. ALL COMMENTS ARE TO BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER. ALRIGHT, WITH THAT MS. WILLIAMS, DO WE HAVE ANYONE REGISTERED AS A PUBLIC SPEAKER BEFORE WE GET INTO THE SPECIFIC CASES? NO PUBLIC SPEAKERS REGISTER, SIR. ALRIGHT, GREAT. THEN THE FIRST ITEM ON OUR AGENDA IS APPROVAL OF THE MARCH 18TH, 2026 PANEL B MINUTES. DOES ANYONE HAVE A MOTION MR. QUINT? I MOVE TO APPROVE THE MARCH MINUTES SECOND. ALRIGHT, THEN WE'RE GONNA TAKE A VOICE VOTE. ALL IN FAVOR OF MR. QUINT'S. MOTION TO APPROVE THE MARCH 18, 20, 26 MINUTES. SAY AYE. AYE. AYE. ALL OPPOSED SAY NAY. MOTION PASSES. ALRIGHT, NEXT ON OUR DOCKET IS, UH, THE ONLY MISCELLANEOUS ITEM ON OUR DOCKET. IT'S THE APPLICATION FOR FEE REIMBURSEMENT AT 1 2 3 6 4 HALIMA STREET SUBMITTED BY MR. BERGAL. THE APPLICANT IS ONLINE, SIR. OH, GREAT. OH, GREAT. MR. SLO? YES. GOOD AFTERNOON. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? SURE. IT IS MICHAEL SLA. UM, I, I DO NOT LIVE AT THE PROPERTY, BUT, UH, I AM THE OWNER OF 1 2 3 6 4 HALIMA STREET. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. OKAY. PLEASE PROCEED. UM, I HAD, I HAD SUBMITTED THIS EXCEPTION REQUEST, UM, BECAUSE THIS, UH, THIS PROPERTY IS, IT IS A RENTAL UNIT AND, UM, MY TENANT HAS NOT PAID SINCE AUGUST OF 2025 AND I'M STILL GOING THROUGH THE EVICTION PROCESS TO, TO REMOVE HER IN THAT TIME. I HAVE, UH, I'VE EXPERIENCED SIGNIFICANT FINANCIAL HARDSHIPS FROM, FROM MAKING MORTGAGE PAYMENTS AND, UM, AND ADDITIONAL, UH, NOW ADDITIONAL EXPENSES WITH, [00:05:01] UH, WITH THIS FENCE. BUT, UM, BUT YES, IT IS, IT IS JUST SOMETHING THAT HAS JUST SNOWBALLED AND ADDED UP. AND I MEAN, I REALIZE THAT AS A, AS A REAL ESTATE INVESTOR, SOMETIMES THESE THINGS HAPPEN. UM, BUT, UM, I MEAN MY GOAL IS TO JUST STOP THE BLEEDING ON THIS ONE. ALRIGHT. THANK YOU SIR. ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? OKAY. ANY OTHER SPEAKERS, UH, REGISTERED IN FAVOR OF THE APPLICATION FOR FEE REIMBURSEMENT? NO. THE SPEAKER'S REGISTER SIR. AND ARE THERE ANY SPEAKERS IN OPPOSITION? NO SPEAKERS IN OPPOSITION. ALRIGHT THEN, UH, THE CHAIR WILL ENTERTAIN A MOTION ON THE APPLICATION FOR FEE REIMBURSEMENT. MR. QUINT, UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA 2 5 0 0 0 1 0 7 FR TWO ON APPLICATION OF MICHAEL SLO DENY THE REQUEST TO REIMBURSE THE FILING FEES PAID IN ASSOCIATION WITH THE REQUEST TO THE SPECIFIC SECTION. UH, DEFENSE HEIGHT REGULATION IS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVA OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PAYMENT, THE FEE WOULD NOT RESULT IN SUBSTANTIAL HARDSHIP OF THE APPLICATION. THE REASON I AM SAYING THIS OR SAYING THIS IS THIS IS A BUSINESS PERSPECTIVE. THIS IS, IT IS NOT, HOLD ON. I THINK WE HAVE TO HAVE A SECOND. I'M SORRY. I'M SORRY. NO, NO PROBLEM. MR. QUINT, WE'LL, UH, DO DISCUSSION RIGHT AFTER THAT. I'M JUST GONNA FIRST ASK FOR, IS THERE A SECOND FOR MR. QUINT'S MOTION TO DENY THE APPLICATION? I'LL SECOND IT. ALRIGHT. UH, ALRIGHT THEN. ANY DISCUSSION ON THE MOTION? AND THAT WILL START WITH MR. QUINT. UH, THE REASON FOR MY DENIAL IS I, I DON'T BELIEVE IT IS THE CITY OF DALLAS'S POSITION THAT IT SHOULD SUPPORT OR SUBSIDIZE A BUSINESS. IF IT WAS RESIDENCE, HE WAS LIVING IN THE, IN THE RESIDENCE AND IT WAS CAUSING FINANCIAL HARDSHIP, THEN I THINK IT'S WORTH CONSIDERING BECAUSE IT'S BEING, UM, AND IT'S AN INVESTOR INVESTMENT. UM, IT'S FROM MY PERSPECTIVE, NOT THE CITY OF DALLAS'S JOB TO SUBSIDIZE AN INVESTMENT. ALRIGHT. UH, ADDITIONAL COMMENTS, UH, MS. LAMB, I, I TEND TO, UH, AGREE BUT ALSO I DON'T KNOW IF THE APPLICANT REALLY, UH, PROVIDED, UH, A FULL ACCOUNT OF WHY THIS IS, THE PAYMENT OF THIS FEE WOULD BE AN UNNECESSARY HARDSHIP. ALRIGHT, ANY ADDITIONAL COMMENTS FROM MS. GA OR MR. CAMPBELL? ALRIGHT. UM, WITH THAT, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL THOUGH? MS. GA? AYE. MS. LAMB? AYE. MR. CAMPBELL? AYE. MR. QUINN? AYE. MR. CHAIR? AYE. MOTION FOR THE NINTH PASSES? FIVE TO ZERO. ALL RIGHT. NEXT ON OUR DOCKET IS THE, WELL, WE'RE GONNA GO THROUGH ALL OF THE APPLICATIONS ON HALIMA STREET, BUT THE FIRST CASE IS 1 2 3 4 HALIMA STREET, WHICH IS THE APPLICATION FOR SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATION BY SALA WITH APPLICANT. COME FIRST. WELCOME BACK. THANK YOU. GOOD. HOW ARE YOU? GOOD, THANKS. MS. WILLIAMS IS GONNA SWEAR YOU IN. UM, IS THE MICROPHONE IN? NO, JUST PRESS THE BUTTON. CAN YOU HEAR ME NOW? YES, . ALL RIGHT. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? MY NAME IS SJU. MY ADDRESS IS 1 2 3 2 4 HALIMA STREET, DALLAS, TEXAS 7 5 2 4 3. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF APPEALS, MA'AM? ABSOLUTELY. OKAY. PLEASE, PLEASE PROCEED. SO WE'RE BACK AGAIN. I SEE EACH OTHER BESIDE THIRD TIME. NOW, I PROVIDED A LOT OF THE, UM, DOCUMENTS TO, UH, A LOT YESTERDAY FOR MY CASE AND FOR US. SO AFTER, UM, THE LAST HEARING, UM, WE KNEW THAT THERE WAS AN OPPONENT, UH, SOMEONE OPPOSING WHAT WE'RE TRYING TO DO WITH OUR GUNS. SO WHAT WE'VE DONE IS WE TRIED TO COMMUNICATE WITH THE PERSON, LARRY, MY NEIGHBOR HERE, HAS BEEN DOING ALL THE COMMUNICATION. 'CAUSE THE GOAL IS TO TRY TO REPAIR THE, THE CURRENT WALL IS WHAT THE [00:10:01] OPPOSING PERSON IS WANTING. SO WHAT WE DID IS WE TRIED TO GO GET QUOTES TO SEE IF THIS IS EVEN FEASIBLE. RIGHT. UM, YOU SHOULD HAVE RECEIVED THE QUOTES THAT WE RECEIVED THAT WE PROVIDED. DID YOU? YES, MA'AM. OKAY, PERFECT. I JUST WANNA MAKE SURE, UM, WE GOT THREE DIFFERENT QUOTES. ONE TO TRY TO REPAIR IT. UNFORTUNATELY WE FOUND OUT DURING THIS PROCESS IT'S, UH, IT'S BEYOND REPAIRABLE. IT HAS TO BE REDONE COMPLETELY. UM, AND THE QUOTES THAT WE RECEIVED WAS ANYWHERE FROM 35 TO $50,000. AND I, MY PERSONAL CASE, I ACTUALLY HAD TO GET A HARDSHIP. UM, I'M A SINGLE MOTHER. I CANNOT AFFORD ALMOST $10,000 ON A SMALL PORTION OF MY FENCE. SO WE OBTAINED OTHER QUOTES FOR FENCES, SIX FEET AND EIGHT FEET TO SEE WHAT'S, YOU KNOW, WHAT CAN WE DO, WHAT CAN WE TALK ABOUT? SO WE CAPTURED ALL THOSE QUOTES, PROVIDED IT AND LET THEM KNOW, YOU KNOW, LET THE OPPOSING PERSON KNOW THAT, HEY, UNFORTUNATELY THIS IS VERY EXPENSIVE. SO, YOU KNOW, WHAT WE ARE AGREEING TO DO IS SOME KIND OF FENCE, SIX FEET, AFIB. WE DIDN'T SPECIFICALLY TALK ABOUT WHAT SIZE. RIGHT. UM, AT THE SAME TIME WE WERE ABLE TO GET DRONE VIDEOS OF OUR PROPERTY. SO YOU CAN KIND OF SEE THE LAYOUT OF OUR, UM, OUR COMMUNITY AND THE ISSUE WITH PRIVACY AND HOW PEOPLE ARE GOING IN AND OUR IN AND OUT OF OUR COMMUNITY BECAUSE OF THE CURRENT BROKEN WALL. AND ALSO, I'VE PROVIDED SOME DOCUMENTS OR SOME PICTURES OF MY SPECIFIC HOME WHERE YOU CAN SEE FROM ACROSS THE STREET, YOU CAN SEE DIRECTLY THROUGH MY BACK OF MY KITCHEN WHERE MY SIS MY DAUGHTER IS SITTING AND EATING SOMETIMES MOST OF THE TIME. UM, SO IT'S JUST PRIVACY SITUATIONS. UM, ALSO ON TOP OF THAT JUST SECURITY. UM, LIKE WE ALSO PROVIDED SOME DOCUMENTATIONS OF SOME AI RENDERING. UM, THAT KIND OF PROVIDES YOU A PICTURE OF WHAT WE ARE LOOKING TO TRY TO DO. UM, THERE'S A, IF YOU CAN LOOK AT THE SIX FEET VERSUS THE EIGHT FEET, YOU CAN SEE LIKE THERE'S NO, NO PRIVACY, NO COVERING OF ANY KIND OF, AND THIS IS MY BACK, OUR BACKYARD. UM, SO WE'RE JUST TRYING TO PROVIDE ALL THE EVIDENCE TO YOU. UM, WE ALSO GOT SOME STATEMENTS FROM, UH, NEIGHBORS, UM, THAT WE WALKED AROUND TO SAY, HEY, IS THERE, ARE Y'ALL OKAY WITH US DOING THIS? UM, AND IF NOT, PLEASE LET US KNOW SO WE CAN TRY TO, YOU KNOW, WORK WITH EACH OTHER TO COME UP WITH A SOLUTION. UM, BUT YEAH, WE'VE GOT A LOT LIKE FOUR OR FIVE STATEMENT LETTERS, UH, WHERE OUR NEIGHBORS WROTE, YOU KNOW, WERE ABLE TO WRITE AND, UM, SIGN FOR US. WE ALSO GOT SOME ADDITIONAL SIGNATURES THAT WE PROVIDED ON TOP OF THE ONES THAT WE PROVIDED FROM LAST TIME. UM, AND WE'RE JUST TRYING TO RESOLVE THIS IN A SWEET MANNER. UM, WE JUST WANT TO REMOVE THE CURRENT BRICK WALL THAT IS THERE, REPLACE IT WITH WOODEN FENCES. I'VE ALSO PROVIDED YOU A PICTURE OF THE CURRENT WOODEN FENCE THAT WE HAVE ON OUR ALLEYWAY. UH, WE DID THAT ABOUT 2021. THAT'S GONNA BE THE EXACT WAY IT LOOKS. AS YOU CAN SEE, IT LOOKS VERY, VERY NICE. IT WILL MOST LIKELY BRING OUR VALUE OF OUR PROPERTY UP. UM, I ALSO PROVIDED SOME PICTURES OF, OF WHAT OUR NEIGHBOR, UM, AREAS LOOK LIKE. AND JUST RECENTLY, ABOUT A WEEK OR TWO AGO, THIS FENCE WAS JUST BUILT ACROSS FROM US. IT'S A SIX FEET FENCE. I DON'T KNOW IF THEY GOT APPROVAL. I DON'T KNOW ANYTHING ABOUT IT, BUT I JUST WANNA MENTION THAT TO YOU. UM, THAT IT IS LIKE DIRECTLY FACING FERRIS CREEK AND DIRECTLY EXACTLY WHERE WE'RE TRYING TO PUT IT. JUST ON THE OPPOSITE SIDE. UM, I ALSO HAVE SOME PICTURES OF THE OPPOSING HOUSE, UM, WHICH IS DIRECTLY, HE'S FACING. HIS FRONT YARD IS MY BACKYARD AND MY BACKYARD IS HIS FRONT YARD. SO I CAN SEE EVERYTHING THAT'S GOING ON AND HE CAN SEE EVERYTHING THAT'S GOING ON ON MY END. UM, AND IF YOU LOOK AND YOU'LL SEE IT IN THE ANDROID, IF YOU LOOK, YOU'LL SEE THAT HE HAS A SIX FEET FENCE THERE TOO. SO, YOU KNOW, WE'VE TRIED TO WORK AND TRY TO COME UP WITH ALL THE DIFFERENT WAYS TO PROVIDE A SOLUTION THAT'S REASONABLE FOR OUR POCKETS. LIKE I SAID, I HAD TO GET A HARDSHIP. THERE'S OTHER, UM, OWNERS IN OUR COMMUNITY WHO HAD TO GET A HARDSHIP AND WE ARE JUST TRYING TO GET SOMETHING UP THAT'S GONNA PROVIDE, PROVIDE SOME KIND OF PRIVACY AND SOME KIND OF BEING FEASIBLE AS WELL. AND WE JUST WANT YOU TO UNDERSTAND, IF YOU WERE PUT IN MY SITUATION, YOU KNOW WHAT, YOU KNOW WHAT I MEAN, HOW, LIKE HOW WOULD YOU RESOLVE IT? UM, THANK YOU SO MUCH FOR YOUR TIME. THANK YOU. ARE [00:15:01] THERE ANY QUESTIONS FOR THE PANEL, FOR THE APPLICANT? MS. LAMB? UM, I APPRECIATE YOU COMING FOR THE THIRD TIME AND SPEAKING TODAY. UM, YOUR APPLICATION IS FOR AN EIGHT FOOT HIGH FENCE, BUT I DID HEAR YOU MADE MENTION THAT YOU MAY BE OPEN TO SOMETHING SHORTER, SMALLER, LIKE A SIX FOOT FENCE. IS THAT CORRECT? SO WHAT, SO WHAT WE DID IS WE GOT QUOTES FOR EVERYTHING JUST AS KIND OF SEE, YOU KNOW, WE GOT A QUOTE TO TRY TO REPAIR IT. IT'S UNFORTUNATE WE COULDN'T GET THAT. WE GOT A QUOTE TO REBUILD IT. WE GOT A SIX FEET QUOTE AND A EIGHT FEET QUOTE. BUT AFTER DOING THIS AI, AND THAT'S ONE OF THE PICTURES I PROVIDED IN THE, UM, EMAIL AFTER DOING THIS AI RENDERING, OUR CURRENT, UH, BRICK IS SIX FEET. SO WITH, WITH THAT BEING SAID, WE WOULD LIKE TO DO A EIGHT FEET SO WE CAN GET SOME KIND OF PRIVACY AND NO ONE JUMPING OVER OUR BACKYARD TO GET THEIR BASKETBALL AND FOOTBALL, YOU KNOW, AND YEAH, SO WE JUST WANTED TO SEE, BUT NOW AFTER LOOKING AT EVERYTHING, A EIGHT FEET WOULD JUST BE MORE APPROPRIATE FOR OUR COMMUNITY AND WE DON'T HAVE NO PROBLEM OF SAYING, HEY, EIGHT FEET AMONGST FERRIS CREEK AND THEN SIX FEET AMONGST CHIMNEY HILL. YOU KNOW, THAT'S SOMETHING WE CAN DO BECAUSE CHIMNEY HILL IS NOT SOMEONE'S PRIVATE YARD. IT'S A JUST A, A REGULAR STREET, YOU KNOW, SO I, YOU KNOW WHAT I MEAN? SO THAT PART WOULD BE OKAY, BUT IT'S JUST WHEN IT COMES TO WHERE OUR, OUR ACTUAL YARDS ARE IS WHAT WE'RE TRYING TO AT LEAST TRY TO GET AN EIGHT FEET, FEET, UH, FENCE. I'M SORRY. OKAY. THANK YOU. YES MA'AM. MS. GABO, UM, I ASKED A QUESTION OF CITY STAFF THIS MORNING, AND YOU MAY OR MAY NOT KNOW THE ANSWER, BUT I NOTICED IN SOME OF THE VIDEOS THAT THEY SHOWED THAT SOME FOLKS HAD BUILT A FENCE BEHIND THE, UM, BRICK WALL. ARE YOU ALLOWED TO DO THAT BY RIGHT. COULD YOU MOVE YOUR FENCE IN AND, UM, COME CLOSER TO YOUR HOUSE VERSUS HAVING THE BRICK WALL? UM, I DON'T, I DON'T HAVE A, DO WE HAVE AN ANSWER TO THAT? LEMME MAKE SURE I'M UNDERSTANDING YOU RIGHT. IS THAT, OKAY? SO YOU'RE SAYING BEHIND OUR BRICK WALL WE HAVE A FENCE WALL, IT LOOKED LIKE ON SOMEBODY'S HOUSE THAT BEHIND THE BRICK WALL. BEHIND THE BRICK WALL, THERE WAS A FENCE OF OF, SO MY NEIGHBOR, THAT'S WHERE THE, HER ENTRY OF THE COMMUNITY IS. YES, SHE DOES HAVE THAT, BUT IT'S LIKE JUST HER AREA. EVERYBODY ELSE, WE DON'T HAVE THAT. SO, BUT COULD YOU BY RIGHT. PUT A FENCE ON YOUR PROPERTY. 'CAUSE I'M ASSUMING THAT THE BRICK FENCE IS THAT THAT'S PUBLIC PROPERTY. I MEAN, WHO OWNS THAT PROPERTY? THAT'S, UH, I BELIEVE THAT'S US FROM WHAT THE FINDINGS ARE FROM WHEN WE SUBMITTED THE APPLICATION. SO, BUT IF YOU MOVED YOUR FENCE BACK, SAY FIVE FEET FROM WHERE THE, COULD YOU ENCLOSE YOUR OWN BACKYARD AND NOT LIKE BY RIGHT. WHAT IS ALLOWED BY RIGHT. DOES THAT, AM I MAKING SENSE? LIKE I THINK THAT'S A CITY STAFF QUESTION. THAT PERSON WOULD BUILD A BROWN FENCE BEHIND THEIR BRICK FENCE BY, RIGHT. CAN THEY ENCLOSE THEIR BACKYARDS WITHOUT PUTTING IT WHERE THE BRICK FENCE IS? MOVE IT IN CLOSER TO THEIR PROPERTY. I KNOW FROM OUR APP, FROM MY APPLICANT, THERE'S NO, UH, FENCE BEHIND THE BRICK ON MY PROPERTY. OF, OF, SO THIS IS A SHARED ACCESS DEVELOPMENT. SO THAT'S NOT, ALTHOUGH IT FUNCTIONED AS A BACKYARD, IT ACTUALLY IS A FRONT YARD. SO BY RIGHT. I THINK IT'S MF IS THE BASE ON IT. SO THEREFORE IT'S A 15 FOOT FRONT YARD ALONG BOTH OF THOSE STREETS. SO IF IT HAD STREET FURNITURE HAD THE 15 FOOT FRONT YARDS, THERE'S THE LOCATION OF THE BRICK FENCE RIGHT NOW. UM, I'M ASSUMING IT'S ALONG THE PROPERTY LINE. OKAY. SO THEN THEREFORE YOU HAVE TO COME BACK IN 15 FEET, WHICH IS PROBABLY THE BACK OF THE TOWNHOUSES. OKAY. OKAY. BECAUSE THE BACKYARDS OR WHAT WE SEE AS IN FUNCTION OF THE BACKYARD, THEY'RE NOT THAT BIG. SO IT PROBABLY IS 15 FEET. SO THEN THE BRICK FENCE IS ALLOWED IN THE FRONT YARD BECAUSE IT WAS GRANTED THAT WAY WHEN THEY DEVELOPED THE COMMUNITY? OR DID THEY GET A EXCEPTION FROM THE BOARD OF ADJUSTMENTS WHEN THEY DID THAT TO BEGIN WITH? SINCE IT'S IN A FRONT YARD AND NOT A BACKYARD, UM, WE CAN'T CONFIRM IF THAT WAS LEGALLY BUILT. A BRICK FENCE, THE BRICK THAT YOU'RE REFERRING TO. OKAY. SAME WITH THE WOOD THAT YOU'RE REFERRING TO. OKAY. SO, OKAY, GOT IT. ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? ALRIGHT, MS. WOULD YOU LIKE ME TO SHOW THE DRONE VIDEO THAT YOU SPOKE OF EARLIER? WE JUST GOT THIS FOR OH YES, PLEASE [00:20:01] GO AHEAD. THANK YOU. SEE, ALL THOSE PEOPLE HAVE FENCES GO BACK LIKE BROWN FENCE, BROWN FENCE, LIKE AS A BEHIND, BEHIND THE BRICK WALL. THEY ALL HAVE FENCES. NO MA'AM. IF YOU GO, WELL THEY DO. THERE'S NO FENCE BEHIND THAT BRICK WALL OR THAT ONE, ONLY THE FRONT ONE YOU SAW. OKAY. YES MA'AM. AND MR. THOMPSON, YOU'RE SAYING THAT IS NOT ALLOWED BY RIGHT, BECAUSE IT'S A FRONT YARD. SO THE, AGAIN, THE ZONING IS MF TWO, THIS WOULD DEVELOP AS A SHARED ACCESS DEVELOPMENT, WHICH MEANS THAT IT, WHEN IT WAS PERMITTED, IT WAS ALL PERMITTED IS ONE LOT. UM, THERE ARE SUBDIVIDED AFTER THE PERMITTING PROCESS, THE MF ZONING DISTRICT ALLOWS FOR A 15 FOOT FRONT YARD SETBACK. HOW THE BRICK WALL WAS CONSTRUCTED AND MAINTAINED DURING THIS TIME PERIOD SINCE 2018. UH, WE DON'T HAVE ANY INFORMATION AS TO, UH, IN A PERMITTING SYSTEM AS TO HOW THAT WAS DONE. SO THE DEVELOPER POTENTIALLY DID IT. UM, AND IT'S MADE IT THIS LONG. MR. MR. CAMPBELL FOLLOWING UP ON THAT, UM, WHAT WOULD BE ALLOWED IN THE FRONT YARD? FOUR FEET? YES. BY RIGHT. AND LEGALLY THE, ALL THE EXTERIOR WHERE THE BRICK WALL IS, IS, TELL ME IF I'M WRONG HERE BECAUSE IT, I'M SLIGHTLY CONFUSED. IS THAT LEGALLY ALL FRONT YARD FACING THE STREET? YEAH, SO IN A MF ZONING DISTRICT, ANYTHING THAT HAS STREET FRONTAGE IS CONSIDERED A FRONT YARD. SO UNLIKE RESIDENTIAL WHERE THE SHORTER IS CONSIDERED A FRONTAGE ALONG IS CONSIDERED THE SIDE IN A MF ZONING DISTRICT STREET FRONTAGE IS STREET FRONTAGE. SO THAT FRONT YARD SETBACK APPLIES TO ALL. THANK YOU, SIR. AND JUST ONE QUESTION ALONG THOSE SAME LINES, THEY COULD DO FOREFOOT BY RIGHT, BUT THEN WOOD VERSUS BRICK, THERE'S NO RESTRICTION EITHER WAY ON THAT, RIGHT? WHAT, YEAH, THE ONLY ISSUE THAT WOULD COME INTO PLAY WOULD BE OPACITY, UM, IN THOSE SCENARIOS. BUT AREN'T THEY BOTH, I I MEAN THEY'RE BOTH OPAQUE, RIGHT? UM, IF IT'S LESS THAN FIVE FEET FROM THE PROPERTY LINE, SO I'M NOT SURE THAT'S WHAT I SAY. I DON'T KNOW FOR SURE IF THIS WAS SET BACK FIVE FEET OR NOT FROM THE PROPERTY LINE TO THE DISSOLVED FROM THE, UM, OPACITY ISSUE. UM, MY ASSUMPTION IS YES, BASED ON THE REQUEST. UM, SO I'LL GO WITH BASED ON THAT. YES. MS. GABO. SO I, SO BY RIGHT, YOU THINK THAT THE CURRENT FENCE IS FIVE FEET FROM THE PROPERTY LINE? YES. SO BY RIGHT, THEY COULD PUT A FOUR FOOT BRICK FENCE OR WOOD FENCE THERE WITHOUT COMING HERE? THAT IS CORRECT. OKAY. PLEASE, CAN I ASK A QUESTION? THE APPLICANT? YEAH, PLEASE. UM, DID YOU CONSIDER THE FOUR FOOT FENCE WITH, UM, GREENERY AND SHRUBBERY TO PROVIDE PRIVACY, WHICH MIGHT PROVIDE MORE PRIVACY THAN AN EIGHT FOOT FENCE? 'CAUSE YOU COULD GROW PLANTS TALLER THAN EIGHT FEET. WAS THAT ONE OF YOUR DECISION, ONE OF THE THINGS THAT YOU LOOKED AT? WELL, EVEN WITH THE CURRENT SITUATION WITH THE BEING SIX FEET, IT'S NOT HAVING, HAVING, IT'S NOT GIVING US A LOT OF PRIVACY, BUT NO MA'AM, I DID NOT CONSIDER THAT. UM, BECAUSE I WAS THINKING ABOUT SIX FEET OR EIGHT FEET, SO I APOLOGIZE. WE GET A LOT OF TRAFFIC RIGHT THERE. RIGHT BEHIND OUR PROPERTY IS THE DALLAS, UH, I MEAN, UM, RICHLAND COLLEGE, THERE'S A, UM, A FIELD OVER THERE WHERE PEOPLE WALK TO, TO DO, THERE'S TENNIS COURTS, THERE'S A WHOLE BUNCH OF THINGS. SO WE GET SO MUCH TRAFFIC GOING BACK AND FORTH AT PROPERTY. THIS IS WHY WE'RE, YOU KNOW, MR. THOMPSON, I, I HATE TO KEEP PUTTING YOU ON THE SPOT, BUT JUST UH, CHECK THE CITY CODE AGAIN AND TALK TO THE CITY ATTORNEY. CAN YOU JUST, UH, WALK US THROUGH ONE MORE TIME WHAT'S ALLOWED BY? OKAY. RIGHT, SO ONE CORRECTION HERE. SO IT'S ALLOWED BY RIGHT UP TO SIX FEET. AND THEN THERE ARE THREE CONDITIONS THAT THEY HAVE TO MEET. UH, AT THE TIME THEY MET THOSE THREE CONDITIONS IN ORDER FOR THAT TO WORK, MEANING THE BRICK WALL OR FENCE PERIOD, WHETHER IT'S BRICK OR WOOD, THE OPACITY, THE LOCATION. AND THAT'S HOW THEY WERE ABLE TO PUT IT UP TO SIX FEET IN THE MF ZONING DISTRICT, WHICH ALLOWS FOR SIX, NOT FOUR. THAT'S A [00:25:01] MY AREA, MY SAME FOUR FEET NOT. SO. AND WHAT ARE THE THREE CONDITIONS THEY HAVE TO MEET TO GET TO SIX FEET? ? I'LL JUST READ THE WHOLE CODE. CODE PROVISIONS IN MULTI-FAMILY DISTRICTS FENCE LOCATED IN THE REQUIRED FRONT YARD MAY BE BUILT TO A MAXIMUM HEIGHT OF SIX FEET ABOVE GRADE. IF ALL CONDITIONS IN THE FOLLOWING SUB PARAGRAPHS ARE MET, NO LOT IN THE BLOCK BASE MAY BE ZONED AS A SINGLE FAMILY OR DUPLEX DISTRICT TWO, NO GATE STORE VEHICULAR TRAFFIC MAY BE LOCATED LESS THAN 20 FEET FROM THE BACK OF THE STREET CURB. AND THREE, NO OFFENSE PANEL HAVING LESS THAN 50% OPEN SURFACE AREA MAY BE LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE. AND MR. THOMPSON, DO WE STILL THINK THEY MEET THOSE THREE CRITERIA? THEY STILL DO MEET THOSE. SO THERE IS NO GATE. AND LIKE I SAID, THE VEHICLE ACCESS IS DEFINITELY MORE THAN 20 FEET. UM, AND THEN IT LEADS TO A PRIVATE STREET WHICH GOES INTO THE DRIVE. SO, AND THEN THE ZONING DISTRICT HAS NOT CHANGED. GOT IT. THE BUDDINGS ZONING DISTRICT ON THE OPPOSITE SIDE OF THE ALLEY. MR. CAMPBELL. DID YOU OH, SORRY. OKAY, MS. CAMPO. SO THEN BY RIGHT, THEY CAN REPLACE THAT FENCE THAT IS THERE UP TO SIX FEET WITH WHATEVER MATERIAL THEY WANT? YES. OKAY. SO THEN WE ARE HERE SOLELY FOR THE TWO FEET. I MEAN, LIKE, I MEAN THAT IS THAT, BUT IF WE DENY THEM TODAY, THEY CAN GO HOME, TEAR DOWN THAT FENCE AND BUILD A SIX FOOT WOOD FENCE OR YES. OR ANY, OR SIX FOOT WHATEVER FENCE. GOT IT. OKAY. THANK YOU. ALRIGHT, ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? OKAY, THANK YOU MA'AM. THANK YOU SO MUCH GUYS FOR YOUR TIME AND SORRY ABOUT THE STRENGTH. NO, THANK YOU. ALRIGHT. ARE THERE ANY OTHER SPEAKERS IN FAVOR OF THE SPECIAL EXCEPTION AT THAT FIRST PROPERTY? NOT IN FAVOR. ALRIGHT. ANY SPEAKERS IN OPPOSITION? YES, WE HAVE MR. STEVENS SADER. ALL RIGHT, WELCOME. MR. SEIDER, CAN YOU SWEAR AGAIN, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? MY NAME IS STEVEN SEIDER. I RESIDE AT 1 2 3 0 4 FAIR STREET MALL IN DALLAS, TEXAS. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE PROCEED. THANK YOU. FIRST OF ALL, THANK YOU FOR, FOR HAVING ME. CAN YOU MAKE SURE THAT THE MICROPHONE IS ON PLEASE? SURE. THANKS FOR HAVING US HEARING HERE TODAY. I, I'M TO FOLLOW UP ON THE, UH, STATEMENT THAT WAS JUST MADE, I THINK THAT REQUIRED 50% OPACITY. AND THIS, THERE'S, THIS IS A SOLID BRICK WALL. SO ONCE YOU GET TO THE FIVE FEET TO 50% OPACITY GOES AWAY. AND I BELIEVE IT ALSO HAD A CONDITION THAT THERE WERE NO FRONT YARDS IN THE ENTIRE BLOCK. NO, NO, NO, NO. IT SAY, UH, SINGLE FAMILY. SINGLE FAMILY OR DUPLEX, I BELIEVE IS WHAT THE CODE SAYS. I IF I'M INCORRECT, I'LL, I'LL STAND CORRECTED ON THAT. I, I, I DO WANT TO START OUT BY SAYING THAT I DO FEEL IT'S HARD FOR ME TO STAND HERE WITH, UH, I'M NOT OFTEN, AND I GET TO ADMIT IN FRONT OF, OF SEVERAL STRANGERS THAT I FIRST OF ALL FEEL VERY FOOLISH. AND ON ONE HAND ON THE OTHER, I HAVE TO TAKE ISSUE WITH SOME THINGS THAT HAVE BEEN PROVIDED AS FACT, WHICH ARE SIMPLY NOT TRUE. I TOOK THE BOARD'S SUGGESTION THE LAST TIME WE, BEFORE THIS BOARD ADJOURNED, IT WAS SUGGESTED THAT I MEET WITH THE PROPERTY OWNER AND I DID SO RIGHT OUT IN THIS ANDY ROOM RIGHT OVER HERE. I WAS ASSURED THAT WE WERE GONNA TRY AND GET TOGETHER. I FOLLOWED THAT UP WITH, WITH EMAIL, WITH TEXT MESSAGES. THEY'VE BEEN PROVIDED TO YOU. I DON'T KNOW IF THEY GOT TO YOU TODAY. THEY WERE SENT THE TEXT MESSAGES AND I WAS PUT OFF, I WAS PUT OFF, I WAS GASLIGHTED WHEN IT CAME TO TIME TO, UM, REACH SOME SORT OF AGREEMENT. THAT'S SIMPLY NOT TRUE. THEY NEVER CONTACTED ME. I OFFERED SAID, IF YOU WANT TO REPLACE THE WALL ON FERRIS CREEK, FINE. IF YOU WANT TO DO A FENCE ALONG CHIMNEY HILL, WHICH IS A BUSIER INTERSECTION, AND I, I DON'T EVEN KNOW IF IT'S IN THE TEXT MESSAGE OR THE EMAIL THAT WE RESPONDED BUT SAID, NO, WE REALLY DON'T WANNA DO THAT. THAT'S, THAT'S THE FIRST ONE I'VE OFFERED COMPLIMENT. I FEEL KINDA LIKE CHARLIE BROWN READY TO PICK A FOOTBALL, TELL YOU THE TRUTH. IT'S, IT'S BEEN PULLED OUT FROM UNDER ME A COUPLE DIFFERENT TIMES BY A COUPLE DIFFERENT PEOPLE. IT'S INCREDIBLY FRUSTRATING. AND I TOOK YOU, I TOOK YOUR DIRECTIVE SERIOUSLY. AND I DON'T THINK THEY DID THE VARIANCE THAT WAS IN PLACE. IT WAS, THERE WAS A HEARING, I'M NOT SURE WHERE THE RECORD IS ON IT, BUT THE, WHERE THE DEVELOPER, AND IT WAS FACT BASICALLY A COMPROMISE. I DON'T KNOW IF IT WAS A FINDING BY THE BOARD THAT THE BRICK WALL WOULD BE THE, WHERE IT, WHERE IT'S LOCATED IN SIX FEET TALL AND THAT BRICK WALL HAS BEEN THERE WHEN EVERY ONE OF THESE PEOPLE BOUGHT THAT PLACE. IF THEY DIDN'T, THEY WERE NOT SATISFIED FOR ANY REASON. CERTAINLY THEY WOULDN'T HAVE BOUGHT THAT OFF THE PROPERTY. IT WAS SUFFICIENT THEN. AND IT'S SUFFICIENT NOW. THOSE WOODEN FENCES THAT GO ACROSS, IT'S, IT'S, THE [00:30:01] OTHER PART I FEEL FOOLISH ABOUT IS I TOOK SOME OF THESE FOLKS AT THERE WERE, I'VE BEEN, I'VE LIVED IN THAT NEIGHBORHOOD FOR 35 YEARS. I TRIED TO BE A GOOD NEIGHBOR. I TRIED TO ACCOMMODATE THEIR NEEDS AND IT'S JUST BEEN PUSHED ASIDE AND PUSHED ASIDE. I DIDN'T CALL CODE COMPLIANCE WHEN THAT BALL STARTED TO BLE. I DIDN'T CALL CO LUMP COMPLIANCE WHEN THEY TRIED TO MAKE SHIFTS AND FENCES, UH, TO MAKE DO, I TOOK THEM AT THEIR WORD. THEY WERE GONNA TRY AND DO IT RIGHT. THEY DIDN'T. AND IN FACT, AS YOU MATRICULATE THROUGH YOUR DECISION MAKING, ONE TRUTH MATTERS, IT SHOULD MATTER. YOU HAVE IN FRONT OF YOU THOSE ESTIMATES. HOW MANY OF YOU ALL WOULD TAKE A PROJECT THAT'S 10,000, MUCH LESS 50 OR 60 OR A HUNDRED THOUSAND DOLLARS AND GET A SINGLE ESTIMATE FOR IT? NOBODY DOES THAT. I'D SUGGEST THAT THAT'S A, THAT'S A RED HERRING. FURTHERMORE, I WANT YOU TO TAKE A VERY CLOSE LOOK AT THOSE ESTIMATES BECAUSE ON THE TWO FOR THE FENCE, THE SAME DEMOLITION OF THE WALL AS IT STANDS RIGHT NOW IN BOTH OF DEFENSE ESTIMATES, IT'S ESTIMATES AT $8,000 TO DEMO DEMO THAT WALL IN THE PUFF UP BID OR ESTIMATE FOR THE BRICK WALL. THAT SAME WORK IS ESTIMATED AT $26,480. AND AFTER CONSULTING WITH SOME FOLKS WHO ARE IN THAT SORT OF DEMO BUSINESS, THERE'S NO REBAR IN THERE. THIS IS A, THAT'S A PROBABLY ABOUT A 4,000 TO MAYBE $5,000 JOB TO DEMO IT IN HOLLOWAY AND HAVE IT GRADED. IT'S, IT'S INTENTIONAL THAT YOU'RE MISLED BY THAT. I BELIEVE THE OTHER PART THAT, THAT STANDS OUT, IF YOU'LL TAKE A LOOK CLOSE, LOOK AT THE ESTIMATES FOR THE FENCE AS OPPOSED TO THE, THE BRICK. YOU'LL SEE THAT THE FENCE ESTIMATES ARE FOR ABOUT FOUR HUNDRED AND THIRTY FOUR HUNDRED FIFTY FEET. THE BRICK ESTIMATE THAT'S CLOSE TO A HUNDRED OR MORE THAN A HUNDRED THOUSAND DOLLARS. THAT ESTIMATE IS FOR 662 LINEAR FEES. CLEARLY WAY, WAY OUTSIDE OF WHAT THE SCOPE OF THIS IS. THOSE ESTIMATES ARE INFLATED. I WOULD SUGGEST ALSO THAT THESE PROPERTY, THERE'S 10 PROPERTIES IN THAT, IN THAT DEVELOPMENT, THEY, UH, HAVE A TOTAL ASSESSED TAX VALUE OF $3.987 MILLION. THE ACTUAL VALUE IS PROBABLY SOMEWHERE BETWEEN 4 25 AND 4 54 4,000,004 AND A HALF MILLION DOLLARS. THESE ARE NOT CHEAP PROPERTY. THESE ARE NOT FOLKS THAT CAN'T AFFORD TO, TO MAKE DO WITH IT, TO MAKE, MAKE THIS RIGHT. I WOULD SUGGEST IF YOU WANTED TO DO THE RIGHT THING, IN MY ESTIMATION IS THAT TO GRANT A FENCE ALONG THE CHINEY HILL, I PROPOSED TO THEM AND WE DO THE BRICK. IN FACT, I EVEN OFFERED TO, TO SUGGEST THAT THEY HAVE, THEY MAY HAVE SOME CLAIMS AGAINST THE DEVELOPER AS WELL AS THE CONTRACTOR. AND AT THESE, THESE LATENT DEFECTS OR, OR SLOPPY WORK THAT'S NOT IN, IN, DOESN'T COMPORT WITH CITY CODE OR ANY REASONABLE PRACTICES, THERE'S PROBABLY LIABILITY THERE THAT SUGGESTED THAT THEY MAY WANNA PURSUE THAT. AND IT, IT WOULD BE A CLAIM THAT IT'S PROBABLY NOT TOO LATE BECAUSE IT WOULD JUST REVEAL, THIS IS MY FRONT YARD THAT IT, THIS IS MY FRONT YARD. I'VE GOT THE PICTURE THAT WITH, WITH A BRICK WALL OF SIX FEET. AND THEY GOTTA TELL YOU, TAKE A LOOK AT THE PHOTOS THAT WERE PROVIDED. I THINK SOME BY THEM AND SOME BY ME. I DON'T HAVE TO WONDER WHAT THAT FENCE IS GONNA LOOK LIKE IN A YEAR TWO OR THREE OR FOUR OR FIVE BECAUSE YOU CAN SEE WHAT IT LOOKS LIKE AT THE ENTRYWAY. IT'S GONNA BE UNSTAINED AND EPT AND WOBBLY AND EVERYTHING THAT CAN HAPPEN TO IT BECAUSE THAT'S WHAT'S HAPPENING RIGHT NOW. THAT'S THE CONDITION OF THOSE FENCES RIGHT NOW. AND NONE OF THOSE OTHER FENCES WERE BUILT WITH A PERMANENT, NONE OF THEM THAT ARE BEHIND THE, THE BRICK WALL. UM, YOU GET TO DECIDE, I GUESS WHETHER IT'S OKAY TO BUILD A WOODEN FENCE IN THE FRONT YARD. AND THE FACT THAT THEY TRIED TO PUT THIS DIDN'T MAKE THE FRONT YARD THEIR FRONT YARD, IT REALLY DOESN'T CHANGE THE FACT FOR ME. THAT'S MY FRONT LAW AND, UH, A BRICK WALL. I'M SATISFIED WITH IT. THERE MIGHT BE A COUPLE OTHER PRODUCTS THAT EVEN SUGGEST IF I'D EVEN GOTTEN A DIALOGUE WITH THEM. TO ME, IT'S, IT'S NOT REALLY, UM, THIS IS ABOUT RIGHT AND WRONG. IT'S ABOUT TRUTH. AND YOU ALL HAVE A, YOU KNOW, DECISION. LIKE I'M DOING A CHALLENGE. TAKE A LOOK AT SOME OF THOSE BID AND AND SEE IF I'M NOT RIGHT ABOUT THAT. THEY'RE INVITED TO. I REALLY DIDN'T THINK THAT THE COST OF IT WAS GONNA BE RELEVANT, BUT IT OBVIOUSLY HERE'S THEY GOTTA PAY FOR IT. [00:35:01] WHAT THEY PREVENTED TO YOU IS SIMPLY NOT TRUE. I'M ASKING FOR THE BOARD TO DENY THE, UH, PORTION OF THE, UH, REPLACEMENT ALONG FERRIS CREEK AND THE 45 DEGREE CUTS ONTO CHIMNEY HILL AND ONTO THE UM, UH, THE AND THE THE ALLEYWAY. AND THAT'S PRETTY MUCH IT. I ANSWER THE QUESTION. THANK YOU MR. ER QUESTIONS FOR THE APPLICANT. UH, SPEAKER IN OPPOSITION RATHER, UH, STARTING WITH MR. CAMPBELL FOR I DIDN'T, MY QUESTIONS FOR THE SPEAKER. I WANT TO CLARIFY THE CODE ISSUE. I'M ASSUMING THAT'S WHY YOU'RE UP HERE. YES. SO, UH, WE DID GO BACK AND TAKE A LOOK. THE ZONING DISTRICT, NOT THE USE, BUT THE ZONING DISTRICT IS ML THAT'S ON THE OPPOSITE SIDE OF THAT ALLEY. SO ALONG DUPLEX IS A USE THAT IS A USE ALLOWED IN THE ZONING DISTRICT. SINGLE FAMILY IS A USE THAT'S ALLOWED IN THE ZONING DISTRICT. AND MULTIFAMILY IS A USE THAT'S ALLOWED IN THAT MF ZONING DISTRICT. SO ALL OF THOSE HOUSES THAT ARE DUPLEXES WITHIN YOUR AREA, INCLUDING YOURS, UM, THOSE ARE DUPLEXES THAT'S ALLOWED IN THAT MF ZONING DISTRICT. SO THAT'S THE REASON WHY THEY MET THE CONDITION WHEN IT WAS BUILT, THE BRICK WALL WAS BUILT AND THEY MEET IT TODAY. I, I, I UNDERSTAND. I I DID WANNA SAY ONE OF THE THINGS THAT THE SPEAKER HAD MENTIONED ABOUT THE OTHER THINGS, THAT'S, ALL OF THOSE ARE IN COMPLIANCE WITH CITY CODE. THEIR SETBACK, I THINK PROBABLY 40 FEET OR SO, WHATEVER THE CODE IS ON, THERE'S NONE OF THEM THAT APPROACHES THERE THAT, THAT HAD TO HAVE ANY SORT OF, UH, AREA. SO, SORRY. NO, NO. 'CAUSE YOU'RE GOOD. MR. KIM. SO JUST FOR CLARITY PURPOSES, THE EXISTING WALL IS IN COMPLIANCE OF EXISTING CITY CODE? CORRECT? THE EXISTING BRICK WALL BRICK, SIX FEET OR LESS IS IN COMPLIANCE TODAY. AND IT WAS WHEN IT WAS BUILT IN 2018, REGARDLESS OF OPACITY. REGARDLESS OF OPACITY. OKAY. UM, THAT'S THE FOUNDATION. I NEED TO FOLLOW UP SOME QUESTIONS WITH MR. CIDER. UM, GIVEN LOOKS LIKE MS. LAMB WENT THIS WEEK. DO YOU WANT ME TO GO NOW, MS. LAMB OR DO YOU WANT ME TO GO? NO, . OKAY. YOU'RE GOOD. THEN WE'LL MOVE ON TO MS. LAMB . ALL RIGHT. UM, SHE WAS WAVING AT US. UH, SO GIVEN WHAT WE JUST HEARD FROM THE CITY ABOUT THE CODE, THAT IF THEY DO DECIDE TO DO WHAT THEY CAN DO BY THE RIGHT, BECAUSE IT SOUNDS LIKE THEY CAN DO A FENCE, WHETHER IT'S BRICK OR GLASS OR WHATEVER, RIGHT. UM, IS THERE A COMPROMISE TO BE HAD THERE? 'CAUSE ONE OF THE THINGS THAT WE CAN DO AS THE BOARD IS, IS APPROVE BASED ON CERTAIN CONDITIONS AS WELL, WE CAN MANIPULATE DIFFERENT THINGS. SO IS THAT SOMETHING THAT WOULD STILL BE, WOULD YOU STILL BE IN OPPOSITION TO DO THAT? I DON'T HAVE BENEFIT OF HAVING A CODE AND I, I THOUGHT I WENT THROUGH IT PRETTY CLEARLY AND I THINK THAT'S WHY THEY APPLIED TO HAVE THE EXCEPTION, UH, ON IT. AND IT WASN'T JUST, IT WAS AN EXCEPTION FOR, FROM THE FOUR FOOT, UM, I, UM, FENCE THE WALL WITH 50% OF PASS. THAT'S THE WAY I READ IT. OBVIOUSLY SOMEBODY ELSE READ IT THAT WAY HERE AS WELL, OR IT WOULDN'T BE HERE ON A, ON A, UH, ON AN APPLICATION. I, I RESPECTFULLY, I I DON'T HAVE BENEFIT OF HAVING IT RIGHT HERE RIGHT NOW, SIR, BUT LET'S, IT'S, UM, IF I WOULD PREFER TO, TO HAVE THE, THE, THE BRICK WALL REPLACED THE PORTION THAT'S ALONG FAIR CREEK LANE AND, AND THAT'S, I KNOW IT'S ABOUT 125 OR 150 FEET, MAYBE 140 FEET SOMEWHERE. AND, UM, JUST TO SUMMARIZE HERE, WHAT IS THE PRIMARY OBJECTION? I UNDERSTAND YOU'RE DIRECTLY ACROSS THE STREET FROM THE PROPERTY, SO YOU'RE MORNING COFFEE IS THAT WALL, RIGHT? UM, WHAT IS THE PRIMARY OBJECTION? IS IT WOOD OR HEIGHT OR BOTH? UH, BOTH. OKAY. ACTUALLY BOTH. AND IN FACT, I'LL BE STRAIGHT UP WITH, DID THE, THE BRICK, THE CRUMBLING BRICK WALL MM-HMM . THAT'S BEEN THERE FOR 10 YEARS OR SO LOOKS BETTER THAN THE BRAND NEW FENCES THAT ARE PUT UP TWO YEARS AGO. OKAY. AND WHETHER IT'S WEATHERING OR LACK OF MAINTENANCE OR WHATEVER, THAT'S, THAT FENCE IS GONNA BE, IT'S GONNA LOOK LIKE A WRECK IN A VERY, VERY SHORT TIME. LAST QUESTION BEFORE I PASS. UH, HOW LONG HAS, SO YOU, YOU'VE SEEN THE, A WHOLE BUNCH OF PICTURES. YOU'VE, YOU'VE SEEN THIS SOME, THEY'VE SEEN THIS, SOME, THEY ALL LOOK FAIRLY THE SAME OF WHERE THE WALL IS DOWN AND THE HOLE WHERE THAT VAN IS PARKED MM-HMM . RIGHT. HOW LONG HAS IT BEEN IN THAT STATS IN THE STATE OF I MORE THAN SIX MONTHS? I MEAN, I THINK PROBABLY CLOSE TO A YEAR. MAY, MAYBE A LITTLE LESS THAN A YEAR, BUT THAT THE PORTION THAT'S, THAT'S BEEN PUSHED OVER WAS FROM A VEHICLE. AND WHETHER OR NOT THERE'D BE LIABILITY ON THE PERSON WHO, WHO PUSHED THE WALL OVER, I'D SUGGEST THERE PROBABLY IS MAYBE NOT COMPLETE LIABILITY, BUT THAT'S WHAT PUSHED [00:40:01] THAT WALL OVER. AND I'VE SENT SOME PICTURES, I'VE DONE WHAT I CAN TO TRY AND SHINE A LIGHT ON THIS. AND, UH, THE, THE REST OF IT, IT'S, THERE'S NO DOUBT THAT THE QUALITY OF THE WORK THAT THESE GUYS WERE SOLD WAS, WAS SUBSTANDARD. AND THERE SHOULD BE SOMEBODY THAT SHOULD BE LIABLE FOR THAT. AND I DON'T THINK IT SHOULD DO, ME AND MY FAMILY, I THINK THE FOLKS THAT THAT PUT IT UP OUGHT TO BE HELD ACCOUNTABLE. I THINK THE FOLKS THAT SOLD IT TO THEM SHOULD BE HELD ACCOUNTABLE. AND TO THAT END, I OFFERED TO TRY AND ASSIST THEM IN GOING FORWARD. THAT, AND IT'S, IT'S, UM, IT'S NOT GOING WELL. YOU HAVE EVERYTHING THAT I HAVE THE BENEFIT OF PROVIDING. IT'S THE EMAILS OR THE, THE, UH, TEXT MESSAGES, THE PHOTOGRAPHS. I HAVE ALSO A, A LETTER FROM A VERY EXPERIENCED REAL ESTATE INVESTOR, BUT I ASKED IF IT'S RENDERED OPINION OF WHAT A WOODEN FENCE OUTSIDE OF MY FRONT DOOR IS GONNA BE, IS HIS OPINION THAT WAS GONNA ADVERSELY AFFECT THE, THE VALUE AND THE ENJOYMENT THAT'S IN THAT. IT'S ONE OF THE THINGS THAT I, IT'S, LET'S TAKE A LOOK AT IT. I MEAN, I KNOW YOU GUYS ARE BUSY AND I DO APPRECIATE YOU GIVING GIVING YOUR TIME TO TODAY. UM, BUT IF TRUTH MATTERS, TAKE A LOOK AT IT AND ALL I CAN SAY, I KNOW IF YOU MAY HAVE A QUESTION, WE, WE MAY HAVE A FEW MORE QUESTIONS. I'M GONNA GO TO MS. LAMB AND THEN MS. GABO. SO, UH, MS. LAMB, DID YOU HAVE A QUESTION FOR MR. CIDER? UM, MORE OF A, A CLARIFY CLARIFYING QUESTION AGAIN FOR STAFF THAT I THINK MIGHT HELP, UM, THE SPEAKER. UM, WE DO NOT HAVE ANY SAY OVER THE MATERIALS WITH THIS APPLICATION. CORRECT. THIS APPLICATION IS JUST FOR A VARIANCE ON THE, ON THE HEIGHT, NOT ON MATERIALS, CORRECT. DR. MILLER HOSKIN OR MS. YES, THAT IS CORRECT. SO I, I APPRECIATE WHERE YOU'RE COMING FROM HERE. UM, BUT UNFORTUNATELY WE DON'T HAVE THE ABILITY TO DICTATE WHAT TYPE OF MATERIALS CAN BE USED HERE. UM, THIS IS JUST A FACTOR OF HEIGHT. JUST TO CLARIFY, MAY I RESPOND? UM, WELL, I MEAN, IT, IT'S JUST MS. LAMB IS RIGHT. IT JUST IN TERMS OF LIKE, WE DON'T, UH, WE, WE DON'T HAVE THE ABILITY TO DICTATE WHAT THEY BILLED IT OUT OF UN UNTIL THIS VERY MOMENT RIGHT HERE, RIGHT NOW, THAT WASN'T THE IMPRESSION THAT ANYBODY THAT'S ON THIS SIDE OF THIS DIOCESE WAS UNDER, AND I DON'T BELIEVE IT WAS WITH YOUR STAFF AS WELL. YOU, YOU MAY BE CORRECT, YOU MAY HAVE READ IT INCORRECTLY, BUT EVERYBODY ELSE OVER HERE WAS ON AS WELL. UH, OUR APPLICATION IS JUST BASED ON A REQUEST FOR TO CONSTRUCT IN OR MAINTAIN AN EIGHT FOOT HIGH FENCE. THAT'S RIGHT. SO IT HAS NOTHING TO DO WITH THE PAST OF YOUR MATERIALS. RIGHT. THE ONLY APPLICANT ACTUALLY PRESENTED TO US APPLICATION PRESENTED TO US ON THIS ONE. AND THE NEXT ONE IS A, IS AN APPLICATION FOR A SPECIAL EXCEPTION TO CONSTRUCT AN EIGHT FOOT HIGH FENCE. IT'S, IT'S PURELY WITH RESPECT TO HEIGHT. THAT'S ALL THEY FILED FOR, UM, MS. GABO, DID YOU HAVE A QUESTION FOR MR QUESTIONS FOR MR. CIDER? I HAVE QUESTIONS FOR STAFF, BUT THEY'RE BUSY, SO YEAH. WELL IF, IF, IF THE SIX FOOT, UM, IF, IF THERE WAS GOING TO BE, IF THAT'S ACTUALLY WHAT THE CODE IS OF, OF COURSE I WOULD OPPOSE THE EIGHT FOOT FENCE MORE STRONGLY THAN A SIX FOOT FENCE AND IT AND OF A, A, A QUALITY THAT'S THE, THAT IS FACING THE OUTSIDE TOWARDS THE, THE FINISHED FACE FACING TOWARDS THE OVEN. THAT THE WAY I UNDERSTOOD IT AS WELL. HERE, HERE'S WHAT I'D LIKE TO DO 'CAUSE I THINK MS. GABO HAS SOME QUESTIONS FOR CITY STAFF. I KNOW THEY'RE TAKING ANOTHER LOOK AT THE CODE AND I OBVIOUSLY WANNA MAKE SURE WE'VE GOT EVERYTHING CORRECT. SO WE'RE GONNA TAKE A RECESS WHILE THEY TOOK AN ADDITIONAL LOOK AND THEN WE'RE GONNA COME BACK. SO I THINK IT'LL BE ABOUT 10 MINUTES, BUT IT'S HOWEVER LONG CITY STAFF NEEDS TO MAKE SURE THAT WE'VE GOT IT CORRECT. SO WE ARE IN RECESS. ALRIGHT. THANK YOU FOR YOUR PATIENCE. WE ARE RECONVENING AT 2:01 PM MS. CARLISLE, CAN YOU, UM, PLEASE WALK US THROUGH THE OPTIONS THAT THE APPLICANTS CAN DO BY RIGHT. IF WE WERE TO NOT DENY THE APPLICATION FOR SPECIAL EXCEPTION, YES, BY RIGHT. THE APPLICANT CAN BUILD A FOUR FOOT SOLID FENCE AT THE PROPERTY LINE. THEY CAN ALSO BUILD, BUILD UP TO A MAXIMUM SIX FOOT OPAQUE FENCE AT THE PROPERTY LINE. THEY CAN ALSO BUILD SIX FEET SOLID IF IT'S MORE THAN FIVE FEET BEHIND THE PROPERTY LINE. THOSE THREE OPTIONS, [00:45:01] IDIRECT. OKAY. ANY QUESTIONS FOR MS. CARLISLE? MS. GABO, CAN YOU HELP ME UNDERSTAND THE DIFFERENCE BETWEEN, I'M SORRY, MORE THAN 50% OPENS AT THE PROPERTY LINE, SIX FEET MORE THAN 50% OPEN AT THE PROPERTY LINE. CAN CAN YOU PLEASE REPEAT THOSE WITH OKAY, SORRY. FOUR FOOT SOLID FENCE, THE PROPERTY LINE. SIX FOOT, UM, 50% OPEN AT THE PROPERTY LINE OR SIX FOOT SOLID FENCE. MORE THAN FIVE FEET BEHIND THE PROPERTY LINE. OKAY. AND MR. CAMPBELL, THE CURRENT WALL, THE CURRENT STRUCTURE IS HOW FAR FROM THE PROPERTY LINE OR IS IT ON THE PROPERTY LINE? ON THE PROPERTY LINE? SO PLEASE DON'T, PLEASE DON'T CALL US FOR SPECULATION HERE. BUT IF THEY WANTED TO MOVE IT BACK FIVE FEET INTO THEIR BACKYARDS, IF THE BACKYARD'S SMALLER, IT COULD DO IT BY RIGHT. WITH THE OPAQUE SIX FOOT, CORRECT? CORRECT. AND WE DO NOT KNOW HOW THAT FENCE CAME TO BE ON THE PROPERTY LINE. SIX FEET OPAQUE, WHICH IS CURRENTLY NOT ALLOWED. SO IT IS OUT OF CODE. THAT FENCE IS OUT OF CODE? CORRECT. OKAY. CORRECT. LAST QUESTION. SORRY, I KNOW WE'RE BOUNCING BACK AND FORTH. JEFF. YOU'RE GOOD. MR. KING IS THERE, IS THERE ANYTHING IN THE RECORD FROM, THIS WAS DEVELOPED IN 2017, I BELIEVE, THE 2018. IS THERE ANYTHING IN THE RECORD THAT SHOWS THAT THERE WAS AN EXCEPTION OR VARIANCE FOR THE, THE BUILD THE CURRENT WALL AS IT WORDS? NO, WE DON'T HAVE THAT ON RECORD. , MS. GABO. UM, WE NEED TO, UH, LET THE, UM, EVERYONE KNOW THAT WE HAVE LOST ONE BOARD MEMBER. YEAH, THAT'S A GOOD POINT. MS. LAMB WHO WAS WITH US VIRTUALLY HAS DROPPED OFF. AND SO AT THIS POINT THERE ARE FOUR OF US, UH, WHICH IS ALLOWED 'CAUSE OUR QUORUM IS FOUR OUT OF FIVE MEMBERS. CAN YOU PLEASE EXPLAIN THE VOTES SO THAT THEY UNDERSTAND HOW THAT WORKS? SURE. AT THIS POINT, TO GRANT A SPECIAL EXCEPTION, UH, YOU NEED TO GET ALL FOUR VOTES, IT WOULD'VE TO BE UNANIMOUS IN FAVOR, UM, UNDER OUR RULES. ALRIGHT, HERE'S WHAT I'D LIKE TO DO NOW. UM, MR. CIDER, I APPRECIATE YOUR TESTIMONY, BUT UM, SINCE YOU'VE ALREADY SPOKEN NO I DIDN'T. WAS ANY, I DIDN'T KNOW IF YOU WERE THE OTHER QUESTION. I WAS, I THOUGHT THERE WAS SOME OTHER QUESTIONS. WE MAY, IF NOT, I'M NO SIR. I THINK WE'RE SEEING NONE. I THINK WE'RE ALL SET UP MR. MR. CIDER, SO I APPRECIATE IT. THANK YOU. AND YOU ALL HAVE EVERYTHING THAT I CAN PROVIDE. UM, AS FAR AS TESTIMONY. , THANK YOU FOR YOUR MENTION AND ABILITY, SIR. THANK YOU VERY MUCH. UM, NOW UNDER RULES WE DO ALLOW FOR REBUTTAL FROM THE APPLICANT. MS. WILLIAMS, I DON'T REMEMBER HOW MANY, HOW MUCH TIME DOES THE REBUTTAL? FIVE MINUTES. ALRIGHT. YES MA'AM. WELCOME BACK. UH, YOU'VE GOT FIVE MINUTES TO SAY ANYTHING YOU'D LIKE TO SAY AND THEN WE'RE GONNA VOTE. I WAS GONNA SAY, UM, WE ALSO HAVE SOMEBODY IN FAVOR. CAN THEY SPEAK? YES. I'M SORRY. BEFORE . YEAH, I THOUGHT I CALLED FOR THAT BEFORE. SORRY, BUT COME ON OUT. GOOD AFTERNOON EVERYONE. THANK YOU MA'AM. IF, IF YOU'D GIVE US YOUR NAME AND ADDRESS. UH, MY NAME IS AYA LEAL. I LIVE IN 1 2 3 8 5 FIMA STREET. SO ACTUALLY MY NEIGHBORS HERE. UM, SO I'M HERE IN FAVOR AS WELL. THANK YOU. AND THEN MS. WILLIAMS IS GONNA SWEAR, SWEAR YOU IN. BEFORE WE GET, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. OKAY. PLEASE PROCEED. THANK YOU. YES. SO JUST WANNA JUST CALL OUT AS ONE OF THE FAITH NEIGHBORS OF LABOR OF THIS, UH, THIS IS NOT THE FIRST TIME THAT WE'RE REPLACING, UM, A, THIS CASE, THAT BREAKTHROUGH WOOD FENCE. UH, ONE OF THE PICTURES THAT YOU ALL DID RECEIVE HERE, YOU'LL SEE IN THE BOTTOM LEFT HERE, WE HAVE A WOODEN FENCE HERE THAT IS UP TO 80. THIS WAS PREVIOUSLY, AS YOU CAN SEE, IS ALSO WELL-MAINTAINED AS IT IS TODAY. THIS FENCE WAS PUT UP IN 2021. THIS PREVIOUSLY WAS THE SAME BRICK THAT'S SURROUNDED THE COMMUNITY AS WELL. AND IT ALSO IN THIS CASE, COLLAPSED. WE DID REACH OUT AS ALL MY HERE WHEN WE DID REACH OUT TO THE BUILDER. IT'S BEEN A YEAR ABOVE. WE DID, HE'S NO LONGER RESPONSIBLE. WE ALSO REACHED OUT TO THE CITY TO UNDERSTAND HOW DID THE BUILDER GET THIS [00:50:01] BREAK. IT INFORMED US THAT HE WAS APPROVED. WE WENT THROUGH THE PERMIT PROCESS AS WELL AND WE RECEIVED APPROVAL FOR THE TEST. AND CAN YOU JUST MAKE SURE YOUR MICROPHONE IS ON THE GREEN LIGHT? IS IT ON? YES, IT IS ON. AM I AUDIBLE? LET ME MAKE SURE YOU'RE JUST A LITTLE CLOSER. IT WOULD BE BETTER. IS THIS CLEAR? AWESOME. I'LL TRY TO SUMMARIZE WHAT I MENTIONED. JUST WANNA REBUTTAL WHAT, UM, UH, OSA MENTIONED IN TERMS OF MAINTAINING OUR FENCE. WE CURRENTLY HAVE HERE A FENCE COSTING THE COMMUNITY LINE OF OUR COMMUNITY THAT IS STILL MAINTAINED, WHICH WAS BUILT IN 2021. PREVIOUSLY THIS WAS BRICK AND WE HAD TO REPLACE IT BECAUSE AGAIN, DUE TO THE DAMAGE THAT WE HAD FROM THE BUILDER, WE HAD REACHED OUT TO THE CITY AT THAT TIME ALSO WITH THE PERMIT. AND THEY MENTIONED THAT BUILDER DID A APPROVE FOR THE BI THE BRICK, WHICH AGAIN, DID NOT KNOW HOW THAT HAPPENED. BUT WE DID RECEIVE PERMIT FOR THE WOODEN FENCE, WHICH AS YOU CAN SEE HERE, IS STILL MAINTAINED. SO FOR THE COMMUNITY HERE, AS WE HAVE AS VERY IN FAVOR HERE, IS WE DO WANNA DO WHAT THE WOODEN FENCE HERE FROM A PRIVACY PERSPECTIVE AS WE HAVE THIS YEAR, THIS DOES CREATE PRIVACY FOR THE OTHER SIDE OF OUR COMMUNITY. THANKS. THANK YOU. ANY QUESTIONS FOR THE SPEAKER, MS. GABO? SO DID YOU COME TO THE BOARD OF ADJUSTMENTS TO GET THAT FENCE APPROVED? WE WENT THROUGH THE PERMIT PROCESS. WE DID NOT HAVE TO GO THROUGH THE BOA. WE SUBMIT THE PERMIT AND IT WAS APPROVED. OKAY. ANY ADDITIONAL QUESTIONS FOR THE SPEAKER? MS. GAMBA? I HAVE A QUESTION FOR STAFF. HOW WOULD THAT HAVE BEEN APPROVED IN 2021 VERSUS WHAT WE'RE DEALING WITH TODAY WHILE CITY STAFF IS CHECKING ON THAT, IF THERE ARE NO ADDITIONAL QUESTIONS FOR THE SPEAKER AND I JUST WANNA GIVE THE APPLICANT IF YOU'D LIKE TO MAKE ANY FINAL COMMENTS AND REBUTTAL. SURE. MS. GABO, UH, ONE QUICK QUESTION FOR YOU. I'M SORRY. UM, DO YOU KNOW, SINCE YOU APPLIED FOR THE PERMIT AND WERE INTIMATELY INVOLVED, IS THE FENCE FIVE FEET FROM THE PROPERTY LINE OR IS IT ON THE PROPERTY LINE? I WILL HAVE TO CHECK, BUT IT WOULD'VE BEEN MY PROPERTY LINE, BUT I WILL HAVE TO CONFIRM ON THAT. OKAY. IT'S BEEN A WHILE, . ALRIGHT, THAT'S FINE. OKAY, THANKS. HELLO. UM, SO THANK YOU FOR YOUR TIME AGAIN, I JUST WANNA KIND OF REBUTTAL FROM WHAT, UM, THE OPPOSING PERSON TOLD. SO THE LAST TIME WE WERE HERE, Y'ALL SPECIFICALLY TOLD US, HEY, COMMUNICATE, TRY TO COME UP WITH A SOLUTION. I DIDN'T SAY HOW TO COMMUNICATE VERSUS COMMUNICATION VIA EMAIL, TEXT MESSAGE. WE JUST NEEDED TO COMMUNICATE AND THAT'S EXACTLY WHAT WE DID. WE PROVIDED INFORMATION VIA EMAIL, VIA LARRY IS THE MAIN POINT OF CONTACT TO COMMUNICATE WITH THE, UM, OPPOSING PARTY. SO I DO WANNA SAY IT WAS NO ILL WILL. IT WAS WE NEEDED TO SEE WHAT WE WERE TRYING TO DO. THERE'S 10 OF US AND SO WE HAD TO COMMUNICATE WITHIN OURSELVES, THEM PROVIDE THE INFORMATION, WHICH WE PROVIDED A NUMEROUS OF TEXT MESSAGES AND EMAIL TO LET Y'ALL KNOW THAT WE'VE DONE OUR PART. UM, ANOTHER PART IS, I UNDERSTAND CURRENTLY I HAVE A SIX FEET WALL THERE. AND AS YOU CAN SEE WITH THE, WITH THE, UM, RENDERING OF A SIX FEET, YOU CAN SEE OUR HOUSE IS STILL WIDE OPEN. YOU KNOW, LIKE LITERALLY PEOPLE, SORRY, PEOPLE CAN LITERALLY GO WALK, UH, LOOK THROUGH MY WINDOW AND GO LOOK THROUGH WHAT I'M DOING IN THE KITCHEN. I'VE SENT PROVIDE, UH, PROVIDED A PICTURE OF MY DAUGHTER JUST SITTING OUTSIDE OF OUR PATIO. AND YOU CAN SEE STRAIGHT THROUGH IT. AND IT'S NOT, I UNDERSTAND SEEING SOMETHING IS NOT A PROBLEM, BUT BECAUSE OF OUR HOUSE BEING ELEVATED UP, OUR HOUSE IS ALREADY SITTING HIGH. SO EVEN IF WE PUT A SIX FEET, IT'S NOT, IT'S NOT COVERING ANYTHING OR DOING ANYTHING. UM, AT THE END OF THE DAY, I MEAN, I HOPE THAT Y'ALL CAN LOOK AT NOT ONLY MY CASE INDIVIDUALLY, BUT LOOK AT US AS IN A COMMUNITY BECAUSE WE'RE NOT, I'M ONLY A LITTLE PART OF THIS WHOLE BIG, BIG PICTURE. IT'S 400 AND I THINK 50 OR 460 SQUARE FEET OF WALL THAT NOT ONLY AM I RESPONSIBLE FOR MY 28 OR 30 FEET, BUT I'M ALSO RESPONSIBLE FOR THE COMMUNITY WALL, WHICH IS AN ADDITIONAL FEAT. UM, SO JUST PLEASE, UM, THINK OF THAT WHEN YOU'RE CONSIDERING THIS. THANK YOU SO MUCH FOR YOUR TIME. THANK YOU. UH, MS. GABO, UM, WHEN YOU GOT THE QUOTES, DID YOU NOTICE THAT THE MASONRY PEOPLE WERE GONNA CHARGE $26,000 TO TEAR IT DOWN AND EVERYBODY ELSE AND THE OTHER PEOPLE ARE GONNA CHARGE $8,000? SO, UH, EVERYBODY HAD RESPONSIBILITIES ON THIS. I WAS RESPONSIBLE FOR GETTING A LOT OF OTHER THINGS. LARRY [00:55:01] AND HIS WIFE IS THE ONE WHO'S RESPONSIBLE FOR GETTING THE QUOTES, WHICH HE'S GONNA BE ABLE TO SPEAK ON OKAY. UM, ON HIS CASE. OKAY. BECAUSE IT WAS A COMMUNITY EFFORT. ALRIGHT, THANK YOU MA'AM. Y YES PLEASE. DEFENSE PER PERMIT THAT SHE WAS REFERRING TO WAS, UM, ALONG THE ALLEYWAY. SO THEY DID GET A FENCE PERMIT FOR THAT FOR A EIGHT FOOT HIGH FENCE, WOOD FENCE, BUT IT'S NOT IN THE . OKAY. ALL RIGHT. AT THIS POINT, THE CHAIR WOULD ENTERTAIN A MOTION ON THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 2 4 LINA STREET. MS. GABO, I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A 25 DASH ZERO TWO ON APPLICATION OF OT. GET TOCHU DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO DESTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THIS APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY. IS THERE A SECOND? SEVEN? ALRIGHT, ANY DISCUSSION? AND WE'LL START WITH MS. GAMBA. I CHOSE TO DENY THIS BECAUSE I DO BELIEVE THAT THEY CAN PUT IN A SIX FOOT FENCE, UM, FIVE FEET BACK, OR THEY CAN PUT IN A SIX FOOT FENCE WITH 50% OPACITY ON THAT LINE. THEIR BIGGEST CONCERN FROM THE NEIGHBORS IS, UM, PRIVACY. I THINK THERE ARE WAYS TO, UM, PUT LANDSCAPING AND OTHER THINGS PROVIDE THAT PRIVACY THAT WOULD BE MORE APPEALING TO THE NEIGHBORS. AND I UNDERSTAND, YOU KNOW, THAT YOU WERE, I I CAN I I THINK IT, IF I WERE LIVING ACROSS THE STREET, IF THAT WAS MY FRONT YARD, IT WOULD BE TOUGH TO HAVE A BOARD ON BOARD FENCE. AND SO I THINK THERE ARE WAYS THAT YOU CAN GAIN THAT PRIVACY WITH LANDSCAPING AND STILL HAVE THAT SIX FOOT HY FENCE, WHICH THEY'VE BEEN LIVING WITH SINCE 2018. SO WE'RE NOT TAKING ANYTHING AWAY. MR. CAMPBELL? I AGREE. I THINK THERE ARE SOME ALTERNATIVES WITHOUT HAVING TO BE IN VIOLATION OF THE CITY CODE, BUT THAT'S NOT THE PRIMARY REASON. UH, I'LL SAY FIRST OFF, THIS WAS THE MOST DIFFICULT ONE I'VE BEEN A PART OF SO FAR. UM, LOTS OF INTERPRETATION OF CODE, LOTS OF WISHES GOING BACK AND FORTH FROM BOTH SIDES AND GOOD ARGUMENTS ON BOTH SIDES. UH, BUT I DO THINK IT'S A LOSE LOSE FOR EVERYBODY UNFORTUNATELY BECAUSE I FEEL LIKE THE HOMEOWNERS, THE APPLICANTS HERE KIND OF GOT TAKEN OVER ON BY THE DEVELOPERS AND THE SELLERS. UM, I ENCOURAGE YOU TO PURSUE SOMETHING AGAINST THAT IF YOU CAN. I DON'T KNOW IF WE CAN OR NOT, BUT IF THERE'S AN ACTION THAT MIGHT BE AVAILABLE TO YOU, MAYBE LOOK INTO IT. UH, BUT THE SURROUNDING NEIGHBORS SHOULDN'T BE PUNISHED FOR THE, THE DEVELOPER'S SALE OR NEGLIGENCE EITHER. AND SO THAT'S WHY I THINK IT'S A LOSE LOOSE 'CAUSE Y'ALL ARE OUT A WALL AND IF IT WERE TO BE REPAIRED THE WAY YOU WANT IT TO BE REPAIRED OR IT, UH, BE PUT UP THE WAY YOU WANT TO BE PUT UP, NEIGHBORS COULD BE ADVERSELY EFFECT. AND UNFORTUNATELY THAT IS THE LEGAL STANDARD WE HAVE TO LOOK AT IS THAT IF THERE IS AN ADVERSE EFFECTS TO THE SURROUNDING NEIGHBORS AND BASED OFF THE TESTIMONY THAT WE HAVE, BUT ALSO THE EVIDENCE BEFORE US, I, I THINK THEY'VE, THEY'VE MET THEIR BURDEN TO SHOW THAT THERE WOULD BE ADVERSELY EFFECTS. SO FOR ME IT'S A STRICTLY LEGAL ANALYSIS HERE, UM, ABOUT AN ADVERSE UH, EFFECT AND THAT'S WHERE I LANDED TODAY. SO I DO, I WANNA THANK YOU. I KNOW IT'S REALLY FRUSTRATING. YOU DON'T WANNA HEAR THIS. YOU'VE DONE AN EXCELLENT JOB DOING IN PRESENTING THE CASE. I DON'T WANT TO DENY THIS, BUT I THINK UNFORTUNATELY WE HAVE TO BASED OFF OF THE GOOD STANDARD. SO THAT'S FINE THAT, UH, ANY ADDITIONAL COMMENTS? ALRIGHT, WITH THAT THEN, CAN WE PLEASE TAKE A, UM, ROLL CALL VOTE ON MS. GA'S MOTION TO DENY THE APPLICATION FOR SPECIAL EXCEPTION MS. GABO? AYE. MR. CAMPBELL? AYE. MR. QUINN? AYE. MR. CHAIR AYE. MOTION TO DENY PASSES FOUR TO ZERO. NEXT ON OUR DOCKET IS THE APPLICATION OF SALLY WU FOR A SPECIAL EXCEPTION TO FENCE HEIGHT REGULATIONS AT 1 2 3 0 5 FEMA STREET. WELCOME SIR. HELLO EVERYONE AGAIN. EXCUSE ME. CAN YOU STATE YOUR NAME AND ADDRESS? YES, MY NAME IS AMUN SHI AND UH, THE PROPERTY ADDRESS IS 1 2 3 0 5 DALLAS. UM, AND I'M HERE REPRESENTING THE HOMEOWNER SALLY OF THIS PROPERTY. [01:00:01] OKAY. AS DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE COURT OF ADJUSTMENT? YES, MA'AM. OKAY. PLEASE PROCEED. UM, YES. SO I THINK, UM, MY NEIGHBOR, UH, WAN CAN YOU PLEASE GET CLOSER TO THE MICROPHONE? OKAY. SHE'S ALREADY EXPLAINED, UH, MOST OF THE PRIMARY STUFF, UM, BUT FROM, UM, UH, MY PERSPECTIVE OR FROM OUR PERSPECTIVE BECAUSE THIS ISSUE HAS BEEN THERE FOR, UH, ALMOST 10 MONTHS AND, UH, WE HAVE A TENANT, UH, LIVING THERE. AND, UH, SO I'VE ALREADY, UH, SHARED SOME OF THE PHOTOS WITH YOU WITH THE BOARD, UH, COUPLE DAYS AGO WAS SHOWING THAT, UM, ON, UH, CHIMNEY HILL, WE HAVE A BIG OPENING ON THE WALL, UM, TO THE PROPER, TO THE BACKYARD OF, UM, OF OUR PROPERTY. AND, UH, IT REALLY, REALLY ACTIVELY, UM, FACT, UH, YOU KNOW, WHOEVER LEAVES THEIR LIFE, UM, IN TERMS OF SECURITY AND THE PRIVACY BECAUSE IT'S, THAT ROAD IS VERY BUSY. WE HAVE A LOT OF TRAFFIC, UM, GOING ON THERE. AND A LOT OF PEOPLE WALK THERE EVERY DAY, SO EVERYONE, IF THEY WANT, THEY CAN WALK ONTO THE PROPERTY EASILY. UM, SO IT'S, IT'S, IT'S BEEN THERE FOR ALMOST 10 MONTHS. SO, UM, AS A COMMUNITY, UM, AS NEIGHBORS, WE HAVE THE SAME GOAL. LIKE WE WANT TO SOLVE THIS ISSUE, UM, REASONABLY AND ALSO, UM, FOR OUR POCKETS, WE WANT TO, UM, ADDRESS IS LIKE, UH, WE CAN AFFORDABLY MORE AFFORDABLY. UM, AND ALSO IN TERMS OF A PRIVACY AND THE, WE, THE, THE HOMEOWNER OF THIS PROPERTY SELLER WOULD, SHE'S IN FAVOR OF LIKE, WE WOULD PREFER A, A EIGHT FOOT FENCE FOR, UM, FOR A GOOD PRIVACY. AND ALSO, UM, AS TO THE, THE MATERIALS, THE WOOD OR BRAKE, UH, FIRST BECAUSE THE BOOT BRAKE WOULD COST A LOT, WAY MORE THAN, UM, REPLACING WITH THE, UH, WOOD FENCE. THAT'S THE FIRST THING. AND SECOND THING. UH, I'M A REALTOR AND I'VE BEEN THIS, UH, IN INDUSTRY FOR MANY YEARS, AND I RESPECTFULLY DISAGREE WITH IF WE PUT A A WOOD FENCE, IT WOULD ADVERSELY IMPACT THE, THE COMMUNITY, LIKE THE VALUE, THE, THE MARKET VALUE. BECAUSE WHAT WE'RE, WHAT WE HAVE BEEN LOOKING AT IS BOARD ON BOARD. NICE LOOK, NICE LOOKING, WELL MANUFACTURED WELL, UM, UM, CONSTRUCTED WOOD FENCE WITH A TOP PATTERN. THAT'S WHAT WE'VE BEEN LOOKING AT. UM, IT'S WIDELY SEEN OR WIDELY USED IN SO MANY COMMUNITIES THAT THE WOOD FENCE, WELL CONSTRUCTED WOOD, UM, BOARD ON BOARD SAYS, WILL ACTUALLY A CURB, A APPEAL, UM, A CURB APPEAL, AND, OR LIKE IT, IT WOULD ADD VALUE TO THE NOT, NOT OPPOSITE WAY. UM, SO THAT'S, I WANT TO ADD HERE. YES. THANK YOU. UH, ANY QUESTIONS FOR THE APPLICANT, MS. GABO? UH, JUST A, AS WE STATED BEFORE, YOU'RE ONLY HERE FOR, YOU, WERE ONLY HERE FOR THE FENCE HEIGHT. YOU ONLY WERE HERE FOR THE FENCE HEIGHT CHANGE, UM, BY LAW, BY BY, RIGHT. YOU CAN PUT IN A WOOD FENCE. YES. I, I UNDERSTAND. YEAH. SO I JUST WANNA, AND, AND YOU CAN PUT IN A FENCE RIGHT NOW. YOU DON'T NEED TO HAVE THAT HOLE ANYMORE. YOU DON'T NEED TO WAIT ANY LONGER. YOU CAN PUT IN YOUR FENCE TOMORROW, UM, BOARD ON BOARD, WHATEVER YOU WANT, RIGHT THERE ON THE, WELL, FIVE FEET BACK FROM THE PROPERTY LINE IF YOU'RE GONNA DO SOLID. SO, ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? ALL THANK YOU, SIR. THANK YOU, SIR. THANK YOU TO ALL THANK YOU. UM, ARE THERE ANY OTHER SPEAKERS IN FAVOR OF THE APPLICATION FOR A SPECIAL EXCEPTION? UM, IN CASE NUMBER 25 DASH ZERO FOUR? NO, THE SPEAKERS IN FAVOR? YES, MA'AM. CON, HELLO, I'M AYA STILL UNDER OATH. UM, I KNOW THE, AND AGAIN, THANK YOU, UH, IN TERMS OF THE RULES HERE IS FIVE FEET BEHIND PROPERTY MONITOR CAN BE SIX FOOT WHATEVER FENCE THERE. UM, I, HOW ARE WE ABLE TO KNOW, I MEAN, WE, OUR OFFICE, ARE THIS CURRENTLY FIVE FEET BEHIND THE LINE OR IS THAT SOMETHING WE HAVE TO CHECK WITH THE CITY HERE, BECAUSE THIS IS WHERE IT WAS STARTING BUILT ALREADY, RIGHT? I'M GONNA DEFER TO CITY STAFF ON THAT ONE. I I BELIEVE YOU'D HAVE TO GET, FIND, YOU'D HAVE TO, I DON'T KNOW. RIGHT? WE CAN REFER TO WHATEVER, [01:05:01] UM, THE, THE SITE PLANS THAT WERE PROVIDED, BUT ULTIMATELY, UM, IT GOES BY THE SITE PLAN. WE CAN LOOK AT THE SITE PLAN TO SEE WHAT YOUR PROPERTY LINE IS AND WHAT THE PROPOSED FENCE IS TO DETERMINE IF YOU SET THAT FIVE FEET FROM THAT PROPERTY, PROPERTY LINE. BUT I BELIEVE IT'S ON THE, YES, IT'S ON THE PROPERTY LINE AND, UM, THE, ALL THE APPLICANTS WERE PROPOSING TO PUT IT IN THIS ACCENT SPOT. SO, WHICH WOULD BE ON THE PROPERTY LINE BECAUSE WE DON'T HAVE SITE PLANS FOR THE, WHERE THE FENCE IS NOW. BUT IF THEY'RE PROPOSING IT ON THE SAME, AT THE SAME LOCATION, NO. YES, IT WOULD BE ON THE PROPERTY LINE. SO THAT MEAN WE'LL BE ABLE TO DO. JUST TO CLARIFY HERE, AS YOU'RE, AGAIN, IRRESPECTIVE OF THE EXTRA TWO THERE, WE CAN DO THE SIX FOOT BOARD ON BOARD ON THAT SAME PROPERTY LINE THAT WE HAVE FOR THE GUIDELINES. NO, NO. BEHIND IT. YES. FIVE FEET BEHIND IT IF YOU WANT BOARD ON BOARD. OTHERWISE YOU WOULD NEED TO PUT A FOUR FOOT, UM, 50% OPEN ON THE PROPERTY. JUST WANNA CLARIFY, I 50% OPEN, APOLOGIZE. YES, CORRECT. UM, OH, AND AGAIN, EVERYONE GIMME BACK OF WHAT MY NEIGHBOR HAS SAID THERE, RIGHT? IS THAT LINE ON THAT STREET IN THE CHIO IS A COMMITTEE TO, ON THE OPPOSITE SIDE OF WHAT WE HAVE ON THE ALLEYWAY HERE ON THAT SIDE IS A STREET. THERE ARE NO HOUSES THERE IN THE ACROSS. WE HAVE SCHOOLS CITY BUS STOP THAT ARE THERE. ANYONE CAN EASILY WALK THROUGH AND CROSS THERE, WHICH IS WHY WE'RE WANTING THAT EXTRA TWO INCHES, WHICH AGAIN, I UNDERSTAND BY LAW, THAT IS THE EXCEPTION WE'RE HERE FOR. BUT IF THE CASE IS WE ARE ABLE TO LEAVE FIVE FEET, THAT OPTION IS AVAILABLE, BUT OUR PROPOSITION IS TO DATE FOR JUST PRIVACY SOON IS A BUSY PERIOD. THANK YOU. THANK YOU. ANY OTHER SPEAKERS IN SUPPORT? ANY SPEAKERS IN OPPOSITION? MR. STEVENS? SORRY, I'M NOT GONNA TAKE MUCH OF YOUR TIME. I JUST WANTED, UH, I, I'M STILL WILLING AT, AT THE RISK OF BEING ANOTHER CHARLIE BROWN, IF THEY WISH TO VISIT WITH ME, I'LL MEET WITH THEM. I DON'T WANT TO DO THE TEXT MESSAGE BACK AND FORTH, BUT THIS IS FOR THEIR BENEFIT AS MUCH AS ANYBODY ELSE'S. I THINK THERE'S STILL A WAY TO PROBABLY MOVE FORWARD ON THIS BY AGREEMENT AND WHERE THERE WOULD BE NO OPPOSITION OF MYSELF OR THE OTHER NEIGHBOR THAT'S, THAT'S AFFECTED HERE OR ANY OF THESE FOLKS. I JUST, WE HAVE EVERYTHING THAT I NEED. THANK YOU FOR YOUR SERVICE AND THEY HAVE MY POINTS OF CONTACT AND NO THANK Y'ALL. THANK YOU. ANY OTHER SPEAKERS IN OPPOSITION? NO, THE SPEAKER. SHOULD I JUST, OKAY. I I'M GONNA EXCUSE MYSELF IF THAT'S, I GOT ANOTHER APPOINTMENT OUT. WANT. ALL RIGHT. THANK, THANK YOU, SIR. MR. CIDER, HOLD ON ONE SECOND. I'M SORRY. THE OPTION WE WANTED TO GIVE OR LEAVE OPEN IS IF THE APPLICANTS WANTED TO POSTPONE THEIR APPLICATIONS AGAIN TO MEET WITH YOU FURTHER, THAT'S AN OPTION THEY COULD TAKE, BUT WE WANTED TO ASK THAT WHILE YOU WERE HERE. BUT IT'S REALLY A QUESTION TO THE APPLICANTS ABOUT WHETHER THEY'D, THEY'D RATHER POSTPONE THIS AND, AND TAKE AN OPPORTUNITY TO MEET WITH MR. SEIDER AGAIN TO TRY TO REACH A COMPROMISE. I, I GIVE YOU MY WORD AND I'M, I'M WILLING TO DO THAT. THAT'S FAIR. THANK YOU. IS THERE ANYBODY FROM THE APPLICANTS WHO WANTS TO SPEAK ON BEHALF OF THEM ABOUT WHETHER YOU WOULD LIKE TO POSTPONE YOUR APPLICATIONS AND TRY TO MEET WITH MR. SEIDER AGAIN? OR WHETHER YOU'D RATHER PROCEED TODAY? I I HAVE A QUESTION ON MY CASE IN ALL OF OUR CASES. SO YES', I THINK WE'RE ALL CONFUSED ABOUT THE PROPERTY LINE AND THE FIVE FEET SITUATION ON THE PICTURE. THAT, OF THE PICTURE THAT I, OUR PROPERTY LINE WAS FOR, YOU NEED TO REFER TO YOUR SURVEY YEAH. TO DETERMINE WHERE YOUR, WHAT, WHAT, WHAT WE, WHAT WAS LIKE, I UNDERSTAND THE SIX FEET HAS BEEN DENIED BOARD ON BOARD, RIGHT? SO IF WE, I GUESS IF WE DO THE SIX FEET OPAQUE, CAN WE HAVE IT AT THE SAME LINE OR LIKE THE I'M CONFUSED WITH THAT. O JUST TO CLARIFY, THE APPLICATION WAS FOR EIGHT FEET. THAT'S WHAT WE, THAT WAS DENIED. YES. CORRECT. THE EIGHT FEET IS DENIED, BUT I'M TRYING TO SEE WHAT CAN WE DO WITH THE CURRENT, WITH THE SIX FEET SIX FEET, IT WOULD HAVE TO BE AT LEAST 50% OPEN AT THE PROPERTY LINE. AND IS THAT SOMETHING THAT WE WALK OFF IF IT IS SOMETHING THAT ME AND THE OPPONENT PERSON CAN WORK ON? WELL, BECAUSE YOU'RE ALLOWED TO DO THAT BY, RIGHT? YEAH. I'M SORRY. YOU ARE ALLOWED TO DO SIX FEET OPEN AT THE PROPERTY LINE [01:10:01] BY RIGHT. SO THERE WOULDN'T BE . YEAH, BUT, BUT IF WE DON'T WANT IT OPEN, BUT IF YOU DON'T WANNA OPEN, IT NEEDS TO BE SET BACK FIVE FEET FROM THE PROPERTY LINE. EVEN IF WE, IF HE'S OKAY WITH US HAVING A BOARD ON BOARD WHERE IT'S AT NOW, YOU STILL HAVE TO BE BOARD. RIGHT. SO IF HE'S OKAY WITH IT THEN, IF Y'ALL OKAY WITH IT, IS THAT SOMETHING THAT IS A POSSIBILITY LATER IN THE FUTURE? YES. ? YES, I CAN. I, YEAH. MS. CAMPBELL, CAN I ASK CLEAR BEFORE HE LEAVES CAN ASK A CLARIFICATION QUESTION OF OUR LAWYER? SO WE HAVE HEARD ONE CASE, WE MADE A MOTION, WE'VE AGREED TO THE MOTION. IF THEY'RE WILLING TO GO BACK TO THE DRAWING BOARD AND COME BACK WITH SOMETHING, CAN WE RESCIND THAT MOTION? AND CAN YOU, WITHOUT THEM PAYING ADDITIONAL FEES, IF WE'RE, YOU KNOW, THIS CASE WAS ONLY FOR HEIGHT. IF THEY'RE COMING BACK FOR OPACITY. YES. CAN WE AMEND THEIR REQUEST WITHOUT THEM PAYING ADDITIONAL FEES? HOW DOES THAT WORK? I CAN ANSWER THE FIRST QUESTION. YES. YOU CAN MAKE A MOTION TO RECONSIDER THE CASE THAT WAS THAT WE, THAT YOU ALREADY VOTED ON. OKAY. AND THEN YOU CAN MAKE A MOTION TO FIRST RECONSIDER AND THEN MAKE A MOTION TO HOLD THE CASE OVER UNTIL A LATER DATE SO THEY CAN HAVE TIME TO MEET WITH EACH OTHER. OKAY. THE SECOND QUESTION. AND WHAT WAS THE SECOND QUESTION? I'M SORRY. THE SECOND QUESTION IS, IF THEY GO BACK TO THE DRAWING BOARD AND THEY COME BACK AND THEY DECIDE THEY WANT, I, I AM MAKE A A SIX FOOT, A SEVEN FOOT FENCE. I'M JUST MAKING THIS UP, A SEVEN FOOT OPAQUE FENCE WHERE THE CURRENT FENCE IS TODAY. UM, THEY'RE, CAN THEY ADD OPACITY TO THEIR REQUEST? BECAUSE RIGHT NOW IT IS ONLY FOR FENCE HEIGHT AND ANYTHING THAT IS ON THAT PROPERTY LINE, ANYTHING, THAT'S WHERE THAT BRICK FENCE IS, I BELIEVE WOULD HAVE TO HAVE, IT'S NOT 50% OPEN IS GONNA HAVE TO COME FOR OPACITY. YOU'RE RIGHT. YOU'RE RIGHT. MM-HMM . THEY STILL WOULDN'T, WOULD NOT NEED TO MEET THE OPACITY AT SEVEN FEET. 'CAUSE IT'S NO, WE'RE SAYING SIX FEET OBVIOUS. WE'RE, WE'VE DENIED. IT'S BEEN EIGHT FEET HAS BEEN DENIED. SO WE'RE JUST TALKING SIX FEET RIGHT NOW AND WE'RE JUST TRYING TO GET A BOARD ON BOARD. THAT'S IT. 'CAUSE AND HANG ON. YEAH. WELL, MY QUESTION IS THOUGH, IF WE'RE GONNA HOLD IT OVER WHILE THEY CONFER TO TRY TO AGREE ON A BOARD ON BOARD, IF MR. CIDER'S OPPOSED TO BOARD ON BOARD, WHICH I THINK HE IS, I DON'T THINK THERE'S, HE'S, FROM MY UNDERSTANDING, I THOUGHT IT WAS THE EIGHTH FEET THAT YOU, I THINK IT SHOULD BE PROBABLY ABOUT LESS THAN A, LESS THAN A THIRD. THE, I THINK THAT WE UP FOR SOME OTHER THAT'S THAN SOME OTHER PRODUCT. OKAY. I, I'M, AND I FEEL LIKE I'M BEING A PAIN. I'M SORRY. I AM. UH, LET'S TAKE AWAY EVERYTHING WE'VE ALREADY DONE. LET'S GO BACK TO THESE GUYS ARE GONNA GET TOGETHER AND THEY'RE GONNA TALK AND THERE ARE A BUNCH OF DIFFERENT PROPERTIES AND I THINK ORIGINALLY THEY WERE ALL COMING AND ASKING FOR KIND OF A SIMILAR THING. UM, I THINK I AM NOW HEARING THAT THERE MIGHT BE INABILITY IF THEY ALL WORK TOGETHER TO HAVE MAYBE ACROSS THE STREET FROM HOUSES. MAYBE IT IS SOME SORT OF OPEN IRON WITH LANDSCAPING OR THERE'S SOMETHING ELSE. AND THEY COULD COME UP WITH SOMETHING THAT WOULD GIVE EVERYBODY PRIVACY, GIVE YOU WHAT YOU NEED. WE'RE NOT THERE YET, BUT I AM STILL NOT CLEAR ON WHAT THEIR REQUEST WOULD BE WHEN THEY CAME BACK TO YOU GUYS. LET'S SAY THEY WANT THAT, THAT EIGHT FOOT BOARD ON BOARD FENCE AT CERTAIN PLACES, UM, AND THEY WANT IT ON THE PROPERTY LINE. ARE THEY STILL ONLY ASKING FOR THE EIGHT FEET? THEY DON'T NEED TO GET APPROVAL FOR THE OPACITY. DID THAT, DID THAT MAKE SENSE? SO THERE'S TWO STREETS. THE STREET WE'RE TALKING ABOUT IS THE FERRIS CREEK, THE OPACITY SIX FEET WE'RE, THAT'S SOMETHING WE'RE GONNA GO BACK AND TALK TO. THEN THERE'S CHIMNEY HILL, WHICH IS THE STREET. SO THE STREET, HE'S SAYING IT'S OKAY, YOU KNOW, HE'S WILLING TO TALK OR BE OKAY WITH HAVING EIGHT FEET THERE, BOARD ON BOARD. IT'S JUST NOT WHERE HIS FOOT SIX OR EIGHT, WHATEVER WE AGREE ON WHATEVER Y'ALL APPROVE OF US. SO THAT'S THE QUESTION RIGHT NOW. SO [01:15:01] LET ME ASK YOU GUYS A QUESTION. WOULD YOU LIKE FOR US, WOULD YOU LIKE TO POSTPONE AND GO BACK TO THE DRAWING BOARD? NO. DO THEY HAVE NO, WE, WE WOULD JUST, WE WOULD JUST BE DELAY, UH, NOT DELAYING, UH, HOLDING THE MATTER OVER UNTIL NEXT MONTH, UNTIL JULY. TWO MORE MONTHS. YOU HAVE UNTIL JULY THAT I'LL BE ON A WOULD IT BE POSSIBLE TO PUSH IT TO THE ONE AFTER THAT? I'M GONNA BE ON A PREPLAN FAMILY VACATION. YEAH. IT'S UP TO THE APPLICANTS. SO, SO MR. SEIDER SAYING HE'S NOT AVAILABLE FOR THE JULY MEETING. SO THAT WOULD MEAN IT WOULD BE OUR NEXT MEETING AFTER THAT, WHICH WOULD LIKELY BE AUGUST, ALL DEFENSE. OKAY. OKAY. SO I JUST WANNA MAKE SURE RIGHT NOW ON MY SIDE, MY LAST CASE, OKAY. SIX FEET, 50% WHATEVER. SIX UP TO SIX FEET ON WHERE IT'S AT RIGHT NOW? CORRECT. THANK YOU. ALRIGHT. THANK YOU, SIR. CAN I JUST, OH, HEY, I'M SORRY. STAND BOTH. THAT'S ALL RIGHT. OKAY. WELL, HE'S GONE. I JUST WANTED TO, WE COULD, I MEAN, IF YOU FEEL LIKE THAT YOU COULD WORK WITH THAT MAN. OH, THE MAN. I DIDN'T MEAN THAT IN A TACTIC PLACE. I SOUND A TACTIC. UM, IF YOU COULD WORK WITH HIM THAT Y'ALL COULD COME UP WITH SOMETHING THAT WOULD WORK. WE COULD, WE CAN. BUT YOU SEEM OKAY WITH THE SIX FEET AND COMING UP WITH SOMETHING. I'M NOT OKAY WITH IT. HE WON'T, WON'T EVEN PICK UP OUR CALL. OKAY. SO, ALL RIGHT, WE'LL LEAVE IT ALONE. OKAY. WE'LL LEAVE. YEP. AND THAT'S A GOOD POINT. SO, I MEAN, MS. CARLISLE'S STRESSING TO US THE STANDARD, WHICH IS, IT'S ADVERSELY AFFECTING THE QUESTION IS WHETHER IT ADVERSELY AFFECTS ALL OF THE PROPERTIES, NOT JUST A SINGLE PARTICULAR PROPERTY. RIGHT. AFFECT NEIGHBOR NEIGHBORING PROPERTIES. SO IT'S ALL OF THOSE PROPERTIES THAT ARE NEIGHBORING THIS, THIS PARTICULAR AREA. ALL RIGHT, SO HERE'S WHERE WE ARE THOUGH. WE'VE GOT THE, WE'RE STILL ON THE PENDING APPLICATION, UH, FOR SALLY. WOO, FOR SPECIAL EXCEPTION. DID WE DO REBUTTAL? WE HAVE, I DON'T THINK SO. WE WERE STILL ON OPPOSITION. DOES ANYONE HAVE ANY FINAL COMMENTS THEY WANT TO MAKE ON THIS CASE BEFORE WE MOVE ON TO A VOTE ON THIS PARTICULAR CASE? YOU GOTTA COME TO THE MICROPHONE. SO IT'S JUST, UM, LOOK, COME ON UP. QUESTION. I'M SORRY, SIR. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS AND I WILL SWEAR YOU IN. LARRY CALDRON 12 3 0 4 . DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF DEMAN? I DO. OKAY, LET'S PROCEED. SO ON CHIMNEY HILL, WE'RE ALLOWED 50% OPACITY ON THAT PROPERTY LINE, WOOD OR IRON, CORRECT. SIX FEET IT WOULD HAVE TO BE 50% OPEN, 50% OPAC. YES, I UNDERSTOOD. TOTAL. I'M FINE. SO WHEN YOU SAY WOOD, THAT'S TYPICALLY BOARD ON BOARD. SO BOARD BOARD IT HAS TO BE 50% OF CORRECT. THANK YOU SIR. YEP. COMING UP? YEAH, YOU'LL BE THE REBUTTAL SPEAKER AND THEN WE'RE GONNA TAKE A VOTE. YEAH. SUMMARIZE, UM, IN COMMENTS HERE. SO I WOULD LIKE TO HAVE, UH, SORRY, EIGHT THIRD FANS, BUT IF, IF IT'S ALREADY BEEN DENIED, UH, I'M OKAY WITH A SIX THIRD WOOD WOODEN FANS BOARD ON BOARD. UH, BECAUSE IT'S ON CHIMNEY HILL, IT'S ON DIFFERENT STREET. SO IT HAS NOTHING TO DO WITH THE O PASSING RULE, IS THAT CORRECT? IT IS. IT'S ON, UM, CHIMNEY HILL. THE CHIMNEY HILL CAN ONLY BE SIX FOOT, UH, 50% OPAQUE ON THE PROPERTY LINE. EVEN A CHIMNEY HILL ON CHIMNEY HILL. UM, THAT'S A FERRY TO [01:20:01] FERRY TO, TO BE ABLE TO HAVE IT AT SIX FEET, IT HAS TO BE 50% OPEN ON TOO MANY HOMES. UNLESS IT'S FIVE FEET BACK FROM THE PROPERTY. IF IT'S, IF IT'S FIVE FEET BACK, THEN YOU COULD HAVE IT. YEAH. UH, A HUNDRED PERCENT OPEN. I MEAN, CLOSED FULLY OPAQUE. SO SORRY, FIVE FEET? FIVE, OKAY. FIVE FEET FROM THE PROPERTY LINE, FIVE FEET BACK. IT'LL, IT'LL IT MY BACKYARD. IT'LL, YEAH. MAKE MY BACKYARD SMALLER. YES. IT, IT WILL DEFINITELY, IT'LL TAKE FIVE FEET AWAY. ALRIGHT. THANK, THANK YOU SIR. AND OH, I'M SORRY, MS. GAMBA, DO YOU HAVE A QUESTION? YEAH. OKAY. CAN, CAN WE PUT BACK UP A PICTURE OF THAT PROPERTY BECAUSE, UM, WHEN I WAS LOOKING AT IT BEFORE, I THINK THERE WERE HOUSES ON ONE SIDE WHERE, UM, SINGLE FAMILY OR MULTIFAMILY HOUSES THAT HAD FRONT YARDS THAT FACED IT. AND THEN ON THE OTHER SIDES IT WAS A SCHOOL OR A PARK OR SOMETHING. DO YOU WANNA PLAY THE DRONE VIDEO? I THINK I'D LIKE, I DON'T KNOW WHICH ONE SHOWS WHAT'S SURROUNDING THE AREA THE BEST. THE DRONE VIDEO. OKAY. I ALSO HAVE THIS PICTURE OF ONES, AM I ALLOWED TO TAKE THAT PICTURE? IT'S SUBMITTED. OH, CAN I HAVE THAT IS, SO WHAT IS ACROSS THE STREET ON CHIMNEY HILL? SO THIS IS FERRIS CREEK RIGHT HERE. THIS IS MY PROPERTY RIGHT THERE THAT YOU SEE. AND THEN RIGHT HERE ON THE STREET IS FERRIS AND CHIMNEY HILL. SO CHIMNEY HILL. YEP. THIS IS CHIMNEY HILL. SO THERE'S APARTMENTS ON THE OTHER SIDE. UM, A POST FROM US. THERE'S MORE DUPLEXES, BUT THIS IS WHAT OUR PROPERTY LOOKS LIKE. AND AS YOU CAN SEE, EVERYBODY WALKS AND DRIVES. IT'S A BUSY, BUSY STREET. CHIMNEY HILL? YES, MA'AM. CHIMNEY HILL. AND THAT'S FERRIS RIGHT THERE. THAT'S FERRIS. WHERE YOU SEE, OKAY. THE PINK HOUSE. YES, MA'AM. OKAY, THANK YOU. HELPFUL. ALL RIGHT. GOT IT. ALRIGHT. OKAY THEN AT THIS POINT I WOULD ENTERTAIN A MOTION ON THE, UH, APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 0 5 MOLINA STREET, MS. GABO. OKAY. SO I, AND I'M GONNA JUST CLARIFY, THIS IS THE ONE THAT BACKS UP THE CHIMNEY STREET. CHIMNEY HILL CHI. OKAY. ALL RIGHT. AND THIS IS 1 0 4. CORRECT. OKAY. I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA TWO FIVE DASH 0 0 0 1 0 4 ON APPLICATION OF SALLY WU GRANT TO THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE IS AMENDED 'CAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. I FURTHER MOVE THAT THE FOLLOWING ADDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED. IS THERE A SECOND? THIS IS THE, THIS IS THE ONE FACING CHIMNEY HILL. WHAT? ALRIGHT, I'LL SECOND. YEAH. I REALIZE THAT THIS IS ALL ONE PROPERTY, BUT THE WAY IT'S SETS UP AND THE DIFFERENCE BETWEEN THE STREETS, WHEN YOU SEE THAT AERIAL VIEW, I REALLY BELIEVE THAT IN THE CITY OF DALLAS, WE WANNA BE RESPECTFUL OF OUR NEIGHBORS. AND I REALLY BELIEVE THAT I CAN'T, THE CASE THAT WE JUST HEARD RIGHT BEFORE THIS ONE YOURS, THAT YOU CAN GET THE PRIVACY YOU NEED AND THAT BECAUSE Y'ALL ARE A HOMEOWNERS GROUP, THAT Y'ALL CAN ALL WORK TOGETHER AND HELP HER PUT THE APPROPRIATE LANDSCAPING IN AND ANYTHING THAT IS ALONG THAT ROAD AND MAKE IT NICE FOR THE PEOPLE [01:25:01] THAT LIVE ACROSS THE ROAD, CLEARLY ON THE OTHER SIDE, CHIMNEY, WHATEVER THE NAME OF THE STREET IS, IS A SIX LANE ROAD DIFFERENT. LET'S GO AHEAD AND PUT THE EIGHT FOOT FENCES THERE. LET'S GIVE THE NEIGHBORHOOD THE PRIVACY IT NEEDS. 'CAUSE THAT'S GONNA HELP YOU AS WELL, EVEN ON THAT SIDE. SO THAT IS WHY I CAN SUPPORT TWO DIFFERENT VERSIONS OF WHAT Y'ALL ARE ASKING FOR. SIMILARLY, I KNOW IT'S NOT PERFECT, BUT AS MY COLLEAGUE NEXT TO ME SAID ON THE LAST CASE, THIS IS A TOUGH ONE. THIS ISN'T PERFECT FOR ANYBODY. UM, BUT WE WANNA MAKE IT TO THE BEST THAT WE CAN. AND I HOPE THAT THIS FEELS LIKE A REASONABLE SOLUTION. I KNOW IT'S NOT IDEAL, BUT, UM, THAT'S WHY I CAN SUPPORT AND WHY I MADE THE, UM, UH, THE MOTION THAT I MADE. SO I'LL LET MY COUNTERPARTS, YEAH. THE REASON I SECOND THE MOTION IS NOW THAT WE REALLY THOUGHT ABOUT IT AND LOOKED AT IT, THE TWO STREETS WERE FUNDAMENTALLY DIFFERENT. AND THERE'S THE BUSY STREET THAT'S LIKE FOUR OR SIX LANES, WHATEVER IT IS. AND THAT MAKES MORE SENSE WITH RESPECT TO THE FENCE, WITH THE OTHER FENCE ON THE SMALLER RESIDENTIAL STREET. AND I, AND I KNOW THAT'S NOT WHAT PENDING BEFORE THE MOTION, BUT ALL I WOULD SAY IS I DON'T THINK THERE IS AN AGREEMENT TO BE HAD WITH MR. SEIDER. AND SO WHAT I WOULD STRONGLY ENCOURAGE YOU TO DO IS TAKE THE OPPORTUNITY, YOU'VE GOT ALL THE, THE BRAINS FROM CITY STAFF, ALL THE EXPERTS HERE. I THINK YOU'D BE BETTER OFF MEETING WITH THEM TODAY AND SPEAKING WITH THEM ABOUT CONFIRMING WHAT YOU CAN DO AS A MATTER OF RIGHT. AND SO I, I I THINK THAT'S WHAT YOU SHOULD DO. AND, BUT THE REASON I'M SUPPORTING THE MOTION IS BECAUSE I THINK WE'RE SUPPOSED TO BE CONSIDERING WHETHER THE SPECIAL EXCEPTION WE'RE GRANTING ADVERSELY AFFECTS THE NEIGHBORING PROPERTIES. AND I THINK THAT GRANTING IT HERE DOES NOT JUST GIVEN THE DIFFERENT CIRCUMSTANCES OF THAT SPECIFIC ROAD. THAT'S WHY I SECONDED THE MOTION AND THAT'S WHY I THINK YOU SHOULD VOTE IN FAVOR OF THE MOTION. ANY ADDITIONAL THOUGHTS MR. CAMPBELL? SO HOW MANY OF THE APPLICATIONS THAT WE HAVE BEFORE US TODAY ARE ALSO ABUTTING TO TWO TWO TOTAL? I'M JUST, I WANT TO BE CONSISTENT. THE 1, 2, 3 0 4 FOR LARRY COLGROVE, THAT'S THE ONE THAT'S, UM, I, I'M TRYING TO FIND THE B NUMBER. UH, 1 0 6. THAT ONE'S ALSO FACING CHAIN. AND THEN 64, 84 AND 44 BASE FERRIS. AND I DON'T WANNA SPEAK FOR THE REST OF THE BOARD, BUT IF WE'RE BEING CONSISTENT, THAT MEANS WE'RE, WE'RE DOING 3 0 5, 3 0 4 ONLY. I KNOW WE HAVEN'T GOT THERE YET. YOUR H LEGAL YEAH. THAT CORRECT? YES. IT TO BE CONSISTENT. YES. CORRECT. BUT WE'RE ON 3 0 5 RIGHT NOW. ALL RIGHT. JUST WANT TO GET ALL OF US ON THE SAME PAGE BEFORE WE CONTINUE. IT'S A GREAT IDEA. I THINK STRIKES A, STRIKES A GOOD BALANCE. I HOPE THAT Y'ALL ARE OKAY WITH IT. UM, WE'LL SEE IF THE OPPOSING PARTY IS OKAY WITH IT. WE'LL SEE. YEAH. ALRIGHT. UH, MR. QUENTIN, ANY FINAL WORDS? I I WAS HOPING THAT EVERYBODY WOULD GET ON THE SAME PAGE, NOT THIS PART, BUT OVER THERE ON THAT SIDE. UM, SO THAT WE WEREN'T HAVING TO ADJUDICATE Y'ALL'S GAME PLAN. UM, MY, I WAS GOING TO DENY THIS INITIALLY, AND, BUT I THOUGHT THROUGH IT AND TALKING ABOUT THE ADVERSELY EFFECT THAT ACROSS THE STREET. I AGREE. THAT'S ALL WE'RE CONSIDERING HERE TODAY. AND SO FROM THAT PERSPECTIVE, UM, I NORM, ALL RIGHT, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. GA'S, UH, MOTION TO GRANT THE SPECIAL EXCEPTION AT 1 2 3 0 5 ALIMA STREET. MS. GABO? AYE. MR. CAMPBELL? AYE. MR. QUINN? AYE. [01:30:01] MR. GRAHAM AYE TO GRANT PASSES FOR? ALL RIGHT. AND THAT WAS THE ONLY APPLICATION AT THAT ADDRESS, CORRECT? YEP. YES. OKAY. THEN, UH, NEXT WE'RE MOVING ON TO THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 0 4 ALIMA STREET, WHICH IS THE APPLICATION OF LARRY COLEGROVE. I REALIZE I'M ALREADY SWORN IN. YES, SIR. WELL, THANK YOU FOR TODAY. AND I REALIZE THAT THANK YOU FOR TRYING TO FIND AN ACCOMMODATION WORK FOR BOTH SIDES. YES. A A LARGE PART OF MY PART PROPERTY RUNS ALONG SOME . SO FOR THE, SAY THAT SECTION OR EIGHT FOOT BOARD ON BOARD THAT YOU'RE TALKING ABOUT, ARE YOU TALKING ABOUT UP TO THE 45 DEGREE ANGLE AT THE SO CON WE HAVEN'T GOTTEN TO THAT PART YET. EXACTLY. . ALL RIGHT. WELL, UM, OUR INTENTION WAS JUST TO PUT THE FENCE, BROUGHT BACK WHAT IT WAS TO BEGIN WITH. AND WE ON THE ASSUMPTION THAT IT WAS PERMITTED BY THE CITY, WE'VE NEVER BEEN TOLD BY THE CITY WE WERE CODE. UH, IF, IF WE HAD BEEN TOLD WE COULD TRY TO FIND SOME CORE SOLUTION FOR NOW, BUT, UM, THE EIGHT FOOT BOARD ON BOARD WILL CERTAINLY GIVE MORE PRIVACY AND UNDERSTAND ALONG PARIS CREEK CLAIM. MR. BESIDE OBJECTIONS, AND YOU'RE ALREADY RULING ON THE PRIOR CASE, I CAN DEAL WITH OPACITY. YOU HAVE 50% OPACITY ALONG MY BACK PART AS FAR AS THE SITE TRIANGLE, I'M, I'M NOT EVEN ASKING FOR 30 FEET, I'M JUST ASKING TO KEEP IT FOR IT LESS THE 34TH, 35 POLICE. RIGHT. AND IF NOBODY'S EVER COME TO ME AND OBJECTED THERE WAS ANY TRAFFIC PROBLEM AND IT'S LIKE A TWO LANE ROAD EACH WAY ALONG . SO, UM, YOU KNOW, THE WHOLE FAITH THAT IN ALONG CHANEY HILL, IT'S GONNA BE INCONSISTENT WITH GARRIS CREEK, BUT SOMETIMES THE SAYING THE PERFECT IS THE END OF GOOD. I, I'M WILLING TO UPSET CERTAIN THINGS THE BOARD LIVES. SO I, I WOULD JUST ASK YOU TO ALLOW ME TO KEEP MY STOP TRYING TO CAN I ASK A CLARIFICATION, YOUR CLARIFICATION QUESTION? SO YOUR LOT PART OF IT IS ON THAT FERRIS STREET, YOUR, YOUR SITE TRIANGLE IS ON CORRECT. FERRIS. OKAY. OKAY. SO THEN I HAVE A QUESTION FOR CITY STAFF. SO IF WE WERE INCLINED TO GRANT HIM THE EIGHT FOOT FENCE ON THE SIDE OF CHIMNEY, BUT WE WANTED TO KEEP IT CONSISTENT WITH HIS NEXT DOOR NEIGHBOR WHO IS GOING TO HAVE A SIX FOOT FENCE, UM, THAT WE'RE, THAT PART IS BEING DENIED, BUT THIS IS THAT WE'VE ALREADY DENIED THAT SECTION. HOW DO WE BREAK THIS DOWN TO, UM, MAKE THAT HAPPEN? OR CAN WE NOT DO THAT? SAY THAT ONE MORE TIME. SO ON AT 1, 2 3, 2 4 HALIMA STREET, WE HAVE DENIED THAT BECAUSE WE BELIEVED THAT THEY CAN BUILD A SIX FOOT FENCE, EITHER FIVE FEET IN OR ON THE PROPERTY LINE. SO WE ARE, WE'RE THERE, WE'RE NOW TALKING ABOUT TWO HOUSES ON CHIMNEY. WE'VE GRANTED 3 0 5 BECAUSE IT BACKS UP TO CHIMNEY AND IT'S, I GUESS THAT'S THE, IS THAT THE OTHER ONE WITH THE SIDE TRIANGLE? THIS IS, I MEAN OKAY, SO WE, WHICH WE HAVEN'T HEARD YET, BUT THEN THE 1 2 3 0 4 HALIMA STREET WHEN WE'RE TALKING IF WE WANTED, THIS IS THE ONE WITH THE TRIANGLE. SO, OKAY. THIS IS THE ONE, THIS PROPERTY HAS A AND IT'S THE ONLY ONE THAT HAS A TRIANGLE. I THOUGHT THERE WERE TWO. ONLY ONE. ONLY ONE. SO HE HAS A FENCE ON CHIMNEY HILL LANE AND FERRIS. OKAY. SO HOW DO WE DIVIDE IT SO THAT IF WE WANTED TO GRANT AN EIGHT FOOT EXCEPTION ON CHIMNEY, BUT A SIX FOOT, BUT DENY, I, I'M ASSUMING WE'RE OKAY WITH THE TRAFFIC, WITH THE VISIBILITY, BUT WE WANTED TO KEEP THAT AT SIX FEET. HOW DO WE DO THAT? SORRY. IT'S OKAY. UNDERSTAND. I UNDERSTAND. PERFECT. SO IT'S TWO, HE HAS THREE, UM, THREE SPECIAL EXCEPTIONS. SO YOU WILL GRANT ONE AND POSSIBLY DENY CONSENT. ALRIGHT. ALL RIGHT, GREAT. I'M GOOD. ALRIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? ONE MORE, UM, OR WELL PLEASE. I WERE ALL RIGHT. YEAH. THANK YOU SIR. [01:35:01] ANY SPEAKERS IN OPPOSITION? NO, THE SPEAKERS READY. GO AHEAD, MS. CARLISLE. AND BECAUSE HE HAS THE VISIBILITY TRIANGLE, IF THIS BOARD WERE TO APPROVE THE VISIBILITY TRIANGLE, THEN ALONG CHIMNEY HILL LANE, HE CAN BUILD. AND IF IT, AND IF YOU'RE GRANTING THE CHIMNEY HILL LAKE, THEN HE CAN BUILD AN EIGHT FOOT BOARD ON BOARD FENCE ALL THE WAY UP UNTIL IT ENCROACHES IN THE VISIBILITY TRIANGLE. AND THEN HE CAN HAVE THAT SIX FOOT IN THE VISIBILITY TRIANGLE ON FERRIS CREEK, AND HE WOULD NOT HAVE TO COME BACK BEFORE THE BOARD FOR THAT VISIBILITY TRIANGLE. ALL RIGHT. THANK YOU, SIR. ANY SPEAKERS IN OPPOSITION? ALL RIGHT. SEEING NONE, WE WON'T DO ANY REBUTTAL 'CAUSE THERE'S NOTHING TO REBUT. SO AT THIS POINT, I'M GONNA ENTERTAIN A MOTION ON THE APPLICATION FOR SPECIAL EXCEPTION AT OKAY, YEAH. PART FIRST AT THREE AT 1 2 3 0 4 HALIMA STREET, MS. GABO. OKAY. AND I'M JUST GOING TO STATE BEFORE I MAKE THIS MOTION THAT THIS IS FOR THE FENCE THAT BACKS UP TO CHIMNEY. OKAY? SO I MOVE AT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 2 5 0 0 0 1 0 4 ON APPLICATION OF SALLY. NOPE, THAT'S NOT IT. YEP. , I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 25 DASH ZERO SIX ON APPLICATION OF LARRY GRO GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE ALONG CHIMNEY HILL LANE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE IS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS 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. IS THERE A SECOND? SECOND. ALRIGHT, ANY DISCUSSION? START WITH MS. UM, GABO. UH, Y'ALL KNOW I'VE ALREADY GONE THROUGH IT ALL. WE DON'T NEED TO PUT IT ON. I'M GOOD. GREAT. ANY OTHER COMMENTS BEFORE WE VOTE? MR. QUINN? OKAY. UH, ALL RIGHT THEN CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. GAM BO'S MOTION TO GRANT THE SPECIAL ACCEPT. MS. GABO? AYE. MR. CAMPBELL? AYE. MR. QUINN? AYE. MR. CHAIR? AYE. MOTION TO GRANT PASSES? FOUR TO ZERO. THANK ALL. NEXT UP I'LL ENTERTAIN A MOTION ON, UH, THE, OH, THE, THE, UH, APPLICATION FOR SPECIAL EXCEPTION FER ON FERRIS CREEK LANE. I'M SORRY, FERRIS CREEK LANE. YEAH. THIS IS THE APPLICATION TO MAINTAIN AN EIGHT FOOT, UH, RIGHT, UH, FENCE ALONG FERRIS CREEK LANE BY LARRY COLEGROVE. YEP. MS. GABO. OKAY, I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 25 DASH 0 0 1 0 6 ON APPLICATION OF LARRY COLGROVE DENIED A SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE ALONG FERRIS CREEK LANE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THIS APPLICATION WOULD ADVERSELY AFFECT A NEIGHBORING PROPERTY. SECOND. ALL RIGHT. SECONDED BY MR. CAMPBELL. UM, ANY ADDITIONAL COMMENTS, MS. CAMPBELL, OR JUST INCORPORATE YOUR PRIOR COMMENTS? PRIOR COMMENTS? I, I THINK THAT THIS, I THINK IT'S GONNA LOOK GOOD WHEN IT'S ALL DONE. I THINK YOU'RE GONNA GET THE PRIVACY YOU NEED. AND AGAIN, I I THINK Y'ALL HAVE SOME SORT OF HOMEOWNERS ASSOCIATION IT FEELS LIKE MAYBE. NO, IT'S A COMMUNITY. OKAY. IT'S A COMMUNITY. WELL, I ENCOURAGE Y'ALL ALL TO WORK TOGETHER AND BY OUR FRIEND, THE FRIENDS THAT HAVE THE PIECES THAT BACK UP TO FERRIS WORK TOGETHER, SINCE YOU'RE SAVING MONEY ON THE, UM, BRICK FENCE, IF THAT'S WHAT YOU'RE CHOOSING TO DO, NOT DO, UM, SOME PLANTS. I KNOW THAT, THAT'S JUST, I MEAN, AND, AND, AND I HAVE A GOOD MASON. DID YOU HAVE A GOOD WHAT? I HAVE A REALLY GOOD MASON GUY THOUGH THAT Y'ALL SHOULD CALL BEFORE YOU DO THE BOARD ON BOARD IF YOU WANT TO. OKAY, GREAT. YEAH, I'LL GIVE YOU HIS NAME. HE'S AWESOME AND HE IS NOT VERY EXPENSIVE. ALRIGHT, ANY ADDITIONAL COMMENTS ON, UH, MS. GA'S, UH, MOTION? ALRIGHT, CAN WE PLEASE TAKE A ROLL CALL VOTE ON, ON MS. GA'S MOTION. MS. GABO? AYE. MR. QUIN? AYE. MR. CAMPBELL, MR. CHAIR? AYE. MOTION TO DENY PASSES. 4 2 0. ALRIGHT, AND THEN, UH, THE CHAIR WILL ENTERTAIN A MOTION ON MR. BOROUGH'S APPLICATION FOR SPECIAL EXCEPTION TO THE 45 FOOT VISIBILITY TRIANGLE AT THE INTERSECTION OF FERRIS CREEK LANE AND CHIMNEY HILL LANE. MS. CAMPBELL LOOKS POISED TO . I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 25 DASH 0 0 0 1 0 6 ON APPLICATION OF LARRY CAL GROVE GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE AT THE INTERSECTION OF FERRIS CREEK LANE IN CHIMNEY HILL LANE AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE IS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY [01:40:01] SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD. I FURTHER MOVE THAT THE FOLLOWING ADDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE VS. DEVELOPMENT CODE IS AMENDED. COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS IN REGARDS TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED. SECOND FROM MR. CAMPBELL. ALRIGHT, GREAT. ANY COMMENTS OR SHALL WE VOTE? ALL RIGHT. UH, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. GABO MOTION TO GRANT THE SPECIAL EXCEPTION ON THE VISIBILITY TRIUM, MS. CAMPBELL? AYE. MR. CAMPBELL? MR. QUINN? AYE. MR. CHAIRMAN AYE. MOTION TO GRANT PASSES FOUR THROUGH ZERO. THANK YOU. THANK YOU, SIR. ALL RIGHT. WE ARE, WE'RE MOVING ON TO THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 6 4 HALIMA STREET. OKAY. I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 2 5 0 0 0 7 AN APPLICATION OF MICHAEL, OH WAIT, I'M SORRY, WE HAVE TO HEAR IT. YEAH, YEAH, SORRY, SORRY, SORRY. NO, I WAS JUST LOOKING FOR THE NAME. SO THAT'S MR. BOF BIRLA ARE, ARE YOU HERE VIRTUALLY, SIR? YEAH, THERE YOU'RE, YES. YES I AM. ALRIGHT, GREAT SIR. UM, HA HE, HAS HE BEEN SWORN IN OR NOW I CAN'T REMEMBER. UH, YES, ALL RN. ALRIGHT, GREAT THEN, UH, PLEASE PROCEED. OKAY. UM, I, I UNDER, I UNDERSTAND THE DECISIONS THAT YOU'VE MADE MADE SO FAR. UM, I I DON'T LOVE THEM. I'M, I'M HOPING WE CAN LIVE WITH THEM AS A COMMUNITY, BUT, UM, WHAT, WHAT I DID WANT TO CLARIFY IS THAT IT IS, IS THERE THE POSSIBILITY OF A MASONRY FENCE ON THE CURRENT, AT THE CURRENT LOCATION? IS THAT STILL ON THE TABLE? I DON'T THINK WE'VE REALLY DISCUSSED IT MUCH, BUT, UM, I JUST WANTED, I WANTED TO BE CLEAR IF THAT IS AN OPTION OR NOT BECAUSE I KNOW THAT, UH, MR. CIDER HAD OBJECTED. I, I DIDN'T LOVE HIS OBJECTIONS, BUT, UM, BUT HE HAD, HE HAD OBJECTED TO BOARD ON BOARD AND HE HAD OB HE HAD OBJECTED TO EIGHT FEET, BUT HE HAD NOT OBJECTED TO MASON MARINE. IF YOU WANT THE FENCE, UH, A HUNDRED PERCENT OPAQUE, IT COULD BE UP TO FOUR FEET, FEET ON THE PROPERTY LINE IF YOU WANT IT IN THE SAME LOCATION. OKAY. BUT IF, IF WE WERE, IF WE WERE TO COME BACK IN JULY OR AUGUST, UM, WITH A COMPROMISE THAT HAD A SIX FOOT, UM, A SIX FOOT MASONRY FENCE, THEN THAT WOULD, THAT WOULD BE SOMETHING THAT THE BOARD WOULD HEAR? OR, OR IS THAT SOMETHING WE WOULD HAVE TO WORK OUT WITH MR. CIDER ON THE FRONT END? UM, I I JUST, I JUST WANNA UNDERSTAND LIKE FULLY WHAT, WHAT OUR OPTIONS ARE. IF, IF THE 50% OPAQUE AND PLANTS, UM, DON'T FEEL LIKE THEY'RE GOING TO TO MEET THE, THE, THE PRIVACY AND SECURITY NEEDS. YES. SO, UH, YOU WOULD STILL HAVE TO COME BACK TO GET A SPECIAL EXCEPTION UNDER THE SCENARIO YOU'RE DESCRIBING. AND THEN WE WOULD HAVE TO CONSIDER WHETHER YOUR APPLICATION ADVERSELY AFFECTS THE NEIGHBORING PROPERTIES. SO NOT JUST MR. CIDER, BUT EVERYBODY AND, OKAY. NOW I I'LL SAY OBVIOUSLY GO AHEAD. I'M SORRY. WOULD, WOULD, WOULD THAT BE A SEPARATE EXCEPTION THAT WE WOULD HAVE TO PAY THEN PAY FOR AGAIN THEN? OR, UH, OR WOULD THAT BE, UM, INCLUDED IN, IN KIND OF WHAT WHAT WE HAVE DONE ALREADY? IT WOULD BE A NEW APPLICATION FOR THE NEW FEE UNLESS WE HELD OVER THE CASE TODAY AND JUST POSTPONED IT, POSTPONED ON IT. OKAY. UM, YEAH, AND I'M NOT, I'M, I'M NOT, I'M NOT SURE ALL OF OUR NEIGHBORS WOULD BE ABLE TO GET TOGETHER TO MAKE THAT DECISION, BUT, UM, BUT I KNOW, UH, I MEAN I I WOULD TRUST WHATEVER SALA DECIDES ON THAT. ALL RIGHT. THANK YOU SIR. ANY QUESTIONS FOR THE APPLICANT? MS. GABO? DO YOU WANT US TO HOLD IT OVER? [01:45:02] YOU KNOW, WE, WE, I I I DON'T THINK, I DON'T THINK OUR COMMUNITY HAS REALLY CONSIDERED THE POSSIBILITY OF PLANTS AND, AND WHAT PLANTS AND O AND 50% OPAQUE. SO I, I AM NOT SURE IF THAT IS A BETTER SOLUTION OR A WORSE SOLUTION THAN, THAN TRYING SOME KIND OF MASONRY. BUT I, I DON'T KNOW. I THINK, I THINK LARRY HAS HAS MORE OF THE QUOTES. HE PROBABLY THE, THE COST OF, OF MASONRY ON A, ON A PER LINEAR FOOT BASIS, UH, MORE THAN I DO BECAUSE I'VE, I'VE REALLY BEEN FOCUSING MORE ON JUST THE COST OF THE, THE BOARD ON BOARD FENCE. UM, BUT MOVING, MOVING FIVE FEET IN, UM, I MEAN THAT WOULD, THAT WOULD PRETTY MUCH DESTROY, UM, SO MUCH OF THE VALUE OF OUR HOMES. 'CAUSE THE BACKYARDS WOULD BE SO TINY, UM, THAT I DON'T THINK IT WOULD BE WORKABLE. SO THEN THE ONLY SOLUTION IS EITHER THIS 50% OPAQUE, WHICH I MEAN RIGHT NOW, RIGHT NOW WE HAVE, I MEAN THIS THE SOLID BRICK WALL THAT'S SIX FEET, UM, OR OR ANOTHER EXCEPTION REQUEST FOR THE, FOR A REPLACEMENT MASONRY FENCE. UM, OR, OR SOMETHING SOLID. I KNOW THEY HAVE LIKE THOSE PANELED, UH, LIKE STONE ISH WALLS. UM, BUT, BUT WE HAVEN'T HAD THAT CONVERSATION, UM, AS, AS A COMMUNITY AND, AND SO I, I MEAN I WOULD ACTUALLY, UH, INVITE, UH, SALAM AND, AND LARRY AND ANY OTHERS, UH, WHO ARE IN ATTENDANCE TO, TO SPEAK UP ON WHETHER THEY THINK IT WOULD BE WORTH DISCUSSING THAT OPTION OF, OF SIX FOOT MASONRY AS A HOLDOVER OR OR MOVING FORWARD WITH THE 50% OPAQUE WHILE WE'RE KINDA LETTING THEM CONFER JUST A LITTLE BIT. DIANE, MS. BARKUM, IF THEY WANTED A SIX FOOT MASONRY WALL WHERE IT IS THEY WANTED TO REPLACE THAT THEY WOULD HAVE TO COME BACK FOR OPACITY IN, RIGHT? IS THAT CORRECT? CAN I ADDRESS MR. SLA? JUST HOLD ON ONE SECOND SIR. SO MY INTERPRETATION IS IF THEY WANT IT AT THE SAME LOCATION AND IT'S A HUNDRED PERCENT OPAQUE, THEN THEY WOULD HAVE TO, THEY CAN ONLY HAVE A FOUR FOOT HEIGHT, BUT THEY COULD COME TO THE BOARD OF ADJUSTMENTS AND ASK FOR AN SPECIAL EXCEPTION AND HAVE IT FULLY OPAQUE. CORRECT? CORRECT. ON THAT SAME PROPERTY LINE, IT'S SIX FEET OR EIGHT FEET. THE THING IS THAT, THAT THE OPACITY ONLY COMES INTO PLAY IF THEY WANT TO HAVE A SIX FOOT FENCE, RIGHT, RIGHT. IN MULTI-FAMILY DISTRICT. BUT WHAT I HEAR THEM SAYING IS THAT THEY WANT A, THEY WANT SOMETHING BETWEEN SIX AND EIGHT FEET FOR PRIVACY. AND I, I DON'T THINK, I DON'T THINK EIGHT IS REALLY ON THE TABLE FOR, UH, FOR FERRIS CREEK ANYMORE. I THINK I, I WOULD AGREE WITH THAT. I THINK WE'RE JUST TRYING TO FIGURE OUT WHAT IS, LIKE, IF THERE'S ANYTHING WORKABLE WITH SIX WITHOUT DESTROYING ALL OF OUR BACKYARDS. I, I, YEP. YEP. OKAY. CAN WE, YEP. OKAY. SO LET'S DO THIS 'CAUSE WE'VE HAD THE APPLICANT SPEAK. UM, I WANNA GIVE ONE LAST CHANCE TO P SPEAK, PEOPLE TO SPEAK IN FAVOR. UM, MA'AM, ARE DO YOU, DO YOU HAVE SOME ADDITIONAL COMMENTS YOU WANT? I JUST WANTED TO SAY, HEY MIKE. SO WE HAVE TO LOOK AT IT IN A WHOLE PICTURE, RIGHT? MM-HMM . IT'S 460 SQUARE FEET, 200 OF IT IS CHIMNEY HILL, ANOTHER 200 IS FERRIS CREEK. NOW WE GOT APPROVAL THAT WE CAN DO EIGHT FEET BOARD ON BOARD ON CHIMNEY HILL. HOW IS THAT GONNA LOOK WHEN WE GET ON FERRIS CREEK AND WE HAVE A BRICK WALL, YOU KNOW WHAT I MEAN? AND IT'S NOT REPAIRABLE, SO WE WOULD HAVE TO REDO IT. SO EVEN IF IT'S IT, I DON'T KNOW IF THE VISUALIZATION IS GONNA BE, OR EVEN THE COST IS GONNA BE GOOD. UM, THAT'S SOMETHING WE HAVE NOT TALKED ABOUT AS A COMMUNITY. UM, SO THAT IS SOMETHING ME AND LARRY KIND OF TALKED ABOUT A LONG TIME AGO. IF THIS WORSE, WORSE COMES TO WORST, UM, AND I'M OKAY. UNFORTUNATELY, I'M, I'M NOT REALLY OKAY, BUT I DON'T HAVE NO CHOICE TO HAVE THE SIX FEET OPA, UM, AND PUT SOME TALL TREES OR TALL GREENERY FOR MY AREA. UM, [01:50:01] AND, AND LARRY IS TOO. SO IT'S ALL ABOUT CONTINUING THAT SAME PATTERN TOWARDS YOU AND SAMIR AND HOW WOULD THAT LOOK WHEN OUR ENTRANCE WOULD, SO, YOU KNOW, JUST YOUR, YEAH, I MEAN, I THINK WHATEVER WE, WHATEVER WE DO HAS TO BE CONSISTENT ON, ON BOTH SIDES OF THE ENTRANCE TO, TO THE COMMUNITY. UH, I GUESS ONE OF THE THINGS THAT I'M WORRIED ABOUT IS IF IT'S, IF IT'S TREES OR PLANTS OR RED HIPS OR WHAT, WHATEVER IT MIGHT BE, THOSE REQUIRE A LOT MORE MAINTENANCE THAN A FENCE. AND I, I AM CONCERNED THAT IT WOULD, IT WOULD END UP LOOKING MUCH WORSE OVER TIME BECAUSE WE, WE DON'T, WE DON'T HAVE, UM, LIKE A MAINTENANCE CONTRACT OR A LANDSCAPING CONTRACT OR ANYTHING LIKE THAT. IT'S JUST, UM, I I GUESS EVERY PERSON WOULD BE RESPONSIBLE FOR MAINTAINING THE, THE GREENERY IN FRONT OF THEIR OWN PROPERTY LINE, WHICH I DOESN'T, DOESN'T REALLY FEEL RIGHT. AND MAYBE THERE'S, MAYBE THERE'S A SOLUTION SOMEWHERE, BUT, BUT WE, WE WE'RE SIGNING UP FOR AN ONGOING EXPENSE WITH, UM, WITH ANY KIND OF LANDSCAPING. YEAH, I MEAN YOU ARE, YOU HAVE A POINT. THIS IS NOT SOMETHING THAT WE'VE DISCUSSED. THERE'S, I KNOW MY NEIGHBOR HERE, UM, AYA HAS SHOWED US A COUPLE OF FENCES THAT WE CAN CONSIDER THAT'S 50% OF, UM, OPEN. BUT I MEAN, AND PLANTS CAN BE AN OPTION. IT CANNOT, YOU KNOW WHAT I MEAN? YOU DON'T HAVE TO PUT A PLANT THERE. I MEAN, IT'S JUST GONNA BE 50% OPEN, UNFORTUNATELY. UM, AS FAR AS PRIVACY GOES, I DON'T LIKE JUST A LITTLE BACKGROUND STORY. WE'VE HAD THE SWAT DEPARTMENT COME TO OUR AREA POLICES, DRUG DEALERS, DRUG THEFT, I MEAN, UH, CAR THEFT. THIS IS WHY WE'VE BEEN REALLY, REALLY WANTING THIS PRIVACY SITUATION, ESPECIALLY ON BOTH STREETS. BUT I MEAN, AT THIS POINT I REALLY, I DON'T HAVE AN ANSWER. YOU KNOW, I DON'T KNOW WHAT TO SAY. ALRIGHT. I UNDERSTAND. THANK YOU MA'AM. WELL, YEAH, I, I GUESS SALAM I WOULD, I, I GUESS, WELL, MR. LOP, IF WE, IF WE THINK THAT THERE'S A, A CHANCE THAT WE MIGHT MR. SOFF? YES, MR. SOFF? YEAH, I'M SORRY, BUT WE, WE DON'T GO BACK AND FORTH. SO WE GIVE AN OPPORTUNITY TO SPEAK IN FAVOR. UH, SHE WAS SPEAKING IN ADDITIONAL SUPPORT AND AT THIS POINT I'M GONNA CALL FOR ANY FINAL COMMENTS FROM ANY ADDITIONAL SPEAKERS WHO HAVEN'T SPOKEN BEFORE IN FAVOR OF THE APPLICATION. HEARING NONE, CHAIRMAN, JUST WANNA ACKNOWLEDGE THAT I'M BACK ON. OKAY. THANKS MS. LAMB. ALRIGHT WITH THAT, UM, THE CHAIR WOULD ENTERTAIN A MOTION ON MR. BIRCH LAW'S APPLICATION TO GRANT, UH, APPLICATION FOR A, UH, SPECIAL EXCEPTION ON THE EIGHT FOOT FENCE HEIGHT REQUIREMENT. MS. GABO, I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 25 DASH 0 0 0 1 0 7 ON APPLICATION OF MICHAEL BURLOW. DENIED THIS, DENIED A SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY, UH, MR. CAMPBELL SECONDS. UM, ANY ADDITIONAL COMMENTS, MS. GABO? ALRIGHT, UH, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MS. GA'S? UH, MOTION DENIED A SPECIAL EXCEPTION. I APOLOGIZE. WHO SECOND? I'M SORRY MR. CAMPBELL. THANK YOU MS. GABO. AYE. MR. CAMPBELL? AYE. MR. QUINN? AYE. MR. GRAHAM? AYE. MS. LAMB ABSTAIN, THERE IS NO ABSTENTION YOU PURSUANT TO CHAPTER EIGHT, YOU EITHER VOTE IN FAVOR OR AGAINST IF YOU DON'T VOTE ON THE RECORD, YOUR VOTE, YOUR YOUR VOTE IS A YES VOTE UNLESS YOU SAY IT'S NO ON THE RECORD. UM, THE ONLY THING IS, I MEAN, I JUST REAPPEARED FOR THIS MOTION, SO, AND IF YOU STAY SILENT, THEN YOU ARE VOTED IN FAVOR OF THE MOTION. I WOULD STILL LIKE ON THE RECORD TO SAY SILENT. SHE SAID ON THE RECORD SHE'LL STAY SILENT, WHICH IS COUNTED AS A YES VOTE. ALL RIGHT. SO THE, THE MOTION, MOTION TO DENY PASSES FIVE TO ZERO. MS. GABO, CAN YOU STAY A FEW MORE MINUTES OR ARE WE GONNA HAVE TO MAKE A SWAP? I'VE GOT FIVE MINUTES LEFT. UH, CHAIR, UH, JUST TO, FOR THE RECORD TO BE CLEAR HERE, I THINK THE MINUTES SHOULD REFLECTED IT WAS 4 0 1, NOT FIVE TO ZERO. WELL, I THOUGHT IF SHE STAYS SILENT, IT'S COUNTED AS A YES. VOTE YES TO THE NINE. OH, [01:55:01] I WILL SHUT UP. YEAH, WE'RE ON THE SAME PAGE. UM, OKAY, HERE'S WHAT I'D LIKE TO DO. 'CAUSE I I DON'T WANNA RUSH THE PEOPLE WHO HAVE THE TWO FINAL APPLICATIONS. SO HERE'S WHAT I'D LIKE TO DO. MS. LAMB HAS REJOINED US, BUT I ALSO WANT YOU TO GET A LITTLE RECAP ON WHAT WE'VE DONE SO FAR SINCE YOU WEREN'T HERE ON THE PRIOR CASES. MS. GAMBA, BEFORE YOU GO, COULD YOU GIVE A BRIEF SUMMARY, UH, OF, OF, OF KIND OF OUR RATIONALE OF HOW WE'VE TREATED THESE CASES BEFORE WE MOVE ON TO THE FINAL TWO APPLICATIONS? UH, MS. LAMB, WE, UM, WE BROKE THE, THE PROPERTY DOWN INTO KIND OF TWO SECTIONS. THERE'S CHIMNEY HILL, WHICH UM, IS A BUSY STREET THAT HAS SIX LANES AND ACROSS THOSE SIX LANES IS MORE APARTMENTS PARKLAND. UM, AND THEN THERE IS THE FERRIS STREET WHERE THERE ARE SINGLE FAMILY OR MULTI DUPLEXES ALONG THAT ROAD. AND WE TREATED THE, WE HAD BEEN TREATING THOSE TWO STREETS, UM, DIFFERENTLY. SO ON THE TWO THAT FACE CHIMNEY HILL, WE VOTED TO HAVE A EIGHT FOOT, UM, FENCE. AND THEN ON THE ONES THAT ARE ALONG BEAR STREET, WE HAVE DENIED THOSE CASES WHILE YOU WERE GONE. WE LEARNED AND UNDERSTOOD THAT BY RIGHT, THEY ARE ALLOWED TO PUT A FOUR FOOT SOLID FENCE AND EXACT ON THAT PROPERTY LINE WHERE IT IS TODAY, OR THEY CAN PUT A SIX FOOT, UM, WITH 50% OPACITY IN THAT SAME SPOT, OR THEY CAN MOVE BACK FIVE FEET AND PUT A SIX FOOT FENCE IN, UM, SOLID. AND THAT IS ALL BY RIGHT. AND THAT IS HOW, AND WE FELT LIKE THE PROPERTY THAT WAS ON FERRIS FACING THAT AND THEN THAT BEING BASICALLY THEIR FRONT YARD, THAT AN EIGHT FOOT BOARD ON BOARD FENCE WAS, OR AN EIGHT FOOT FENCE IN GENERAL IS JUST NOT APPROPRIATE. AND THAT WOULD AFFECT BE ADVERSELY AFFECTING THOSE PROPERTIES. AND THAT IS, THAT IS WHERE WE ARE TODAY. SO WE HAVE TWO MORE MOTIONS TO HEAR. UM, 1, 1 0 AND 0 0 0 0 0 8. JUST A, JUST A QUICK QUESTION, SINCE IT SOUNDS LIKE SOME OF THE CASES WERE MODIFIED, UH, UH, OR HANDLED SHORTER THAN, THAN WHAT WAS REQUESTED. BUT WERE THOSE ONES DENIED? BECAUSE I KNOW IT'S ALL TIED TO SITE PLAN. SO HOW DOES THAT WORK? THEY'RE INDIVIDUAL LOTS, SO THERE ISN'T LIKE A ONE BIG SITE PLAN. OKAY. SO THAT'S WHY WE HEARD ALL THE DIFFERENT CASES. OKAY. I'M CAUGHT UP NOW. OKAY. ALL RIGHT, GREAT. OKAY, I'M GOING TO RECUSE MYSELF AT THIS POINT AND GO COACH SOME TEAM. ALL RIGHT, THANK YOU. AND SO WE'RE GOING TO KEEP GOING ON THE LAST TWO APPLICATIONS, BUT WE STILL HAVE FOUR OF FIVE, WHICH IS A QUORUM 'CAUSE MS. LAM HAS JOINED US REMOTELY. WE'RE GONNA MOVE ON AND TACKLE THE LAST TWO APPLICATIONS FOR SPECIAL EXCEPTION. UM, THE NEXT ONE IS THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 8 4 HALIMA STREET, WHICH IS THE APPLICATION OF SAMIR MOGUL. COME ON UP SIR. HI. HI. I'M SAMIR MOGUL. SO I, UH, I'M ONE OF THE, ONE OF THIS 10 MINUTES. OKAY. SO I NEED TO SWEAR YOU IN. SIR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. OKAY. PLEASE STATE YOUR NAME AND ADDRESS. OKAY, SO I'M SAMIT MOGUL. SO I OWN 1 2 3 84 HALIMA STREET, DALLAS, TEXAS 7 2 4 3. SO I LIVE IN THE CORNER UNIT OF THIS AREA. SO, SO MOST OF MY NIGHTS ARE VERY SCARINESS BECAUSE OF THE WALL. SO, SO MANY PEOPLE THEY JUST COME IN HERE AND THEY, THEY SMOKE CIGARETTES AND THEN EVEN IF YOU JUST GO RIGHT DOWN AND SEE IT, YOU CAN SEE BEARD BOTTLES AND EVERYTHING. AND EVEN I'VE BEEN LIVING THERE FROM THE PAST SIX YEARS, I'VE SEEN LIKE FOUR OR FIVE PEOPLE, LIKE FOUR OR FIVE TIMES, LIKE PEOPLE ARE JUMPING INTO THE WALL AND JUST TRYING TO GET INTO THIS, JUST TRYING TO GET INTO MY BACK BACKYARD DOOR. SO SINCE FROM THEN IT'S FROM SINCE, FROM THE TWO, THREE YEARS I JUST EVEN STOPPED GOING INTO THE BACKYARD. SO LIKE WE JUST LOCKED IT A VERY TINY AND EVEN FOR THE OUTSIDE WALL, IT MIGHT BE LIKE SIX FEET WALL, BUT BECAUSE OF THE RAISED HOUSES FOR US IT'S LIKE A THREE THREE FEET WALL. AND THEN IF YOU CAN GRANT ME LIKE FOR PERMISSION OF LIKE HAVING A EIGHT FEET WALL. SO THAT WOULD BE UH, I WILL HAVE SOME KIND OF A PRIVACY SO THAT AT LEAST WE CAN BE MORE PROTECTED ANYTHING. SO HERE IS MY MASTER BEDROOM. SO, SO THE MASTER BEDROOM, THE WINDOW IS ALSO CLEARLY VISIBLE LIKE UH, THERE IS NO PRIVATE AT ALL, EVEN IF I HAVE A BACKYARD. ALSO THERE IS NO USE AT ALL LIKE, UH, ENJOYING THE KIND OF A BACKYARD. THANK YOU SIR. AND THEN, SO JUST TO COME CONFIRM THOUGH, YOUR HOUSE FACES FERRIS CREEK, WHICH IS THE SMALLER KIND OF MORE RESIDENTIAL STREET? YES SIR. OKAY, GREAT. THANK YOU. UM, ANY ADDITIONAL [02:00:01] QUESTIONS FROM THE BOARD TO THE APPLICANT? A THANK YOU SIR. ANY OTHER SPEAKERS IN FAVOR OF THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 8 4 HALIMA STREET? I'M IN FAVOR. I JUST WANNA SAY THANK YOU MA'AM. ANY OTHER SPEAKERS IN FAVOR? ANY SPEAKERS IN OPPOSITION OF THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2 3 8 4 HALIMA STREET? I'LL GO SPEAKER SIR. ALRIGHT THEN AT THIS POINT I'D ENTERTAIN A MOTION ON THE APPLICATION FOR SPECIAL EXCEPTION. AND AGAIN, THIS IS ONE OF THE PROPERTIES THAT FACES FERRIS, WHICH IS THE QUIET OR MORE RESIDENTIAL STREET AND NOT THE BIGGER UH, LIKE FOUR LANE COMMERCIAL STREET. MR. QUINT, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA 25 0 0 0 1 1 0 ON THE APPLICATION SAMIR MOGUL DENY THE SPECIAL EXCEPTION REQUESTED BY THE APPLICATION TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NA NEIGHBORING PROPERTY. IS THERE A SECOND? ALRIGHT, ANY DISCUSSION STARTING WITH MR. QUINN? WE'RE JUST, FROM MY PERSPECTIVE, CONTINUING THE SAME THING MR. CAMPBELL. UH, YEAH, I WOULD JUST BRIEFLY SAY, AND I WANNA EXPLAIN THE WAY WE'RE LOOKING AT THIS. WE'RE ASKING OURSELVES UNDER THE STANDARD, DOES THE APPLICATION ADVERSELY AFFECT THE NEIGHBORING PROPERTIES? AND WE DO VIEW THEM AS DIFFERENTLY BECAUSE THE STREETS ARE DIFFERENT. AND SO THE PROPERTIES ON FERRIS ARE FACING A LESS BUSY ROAD AND THAT'S WHY WE'RE TREATING THEM DIFFERENTLY BASED ON THE EVIDENCE. WHAT I WILL SAY AGAIN IS MANY OF YOU HAVE HAD QUESTIONS ABOUT WHAT CAN YOU DO AS A MATTER OF, RIGHT? AND WHAT ARE YOUR OPTIONS ON THAT STREET THAT ARE THE MOST AFFORDABLE, THAT ARE, THAT WORK THE BEST FOR YOU? AND I WOULD ENCOURAGE YOU AFTER THE MEETING TODAY TO SPEAK WITH CITY STAFF TO MAKE SURE YOU'RE CLEAR ON WHAT THE OPTIONS ARE. BUT UM, FOR ALL THOSE REASONS I'M SUPPORTING MR. QUINN'S MOTION TO DENY THE APPLICATION. ANY ADDITIONAL COMMENTS? ALRIGHT, MS. WILLIAMS, CAN WE PLEASE TAKE A ROLL CALL VOTE ON MR. WILLIAM, UH, MR. QUINN'S APPLICATION TO DENY THE SPECIAL EXCEPTION MR. CAMPBELL? AYE. MR. QUINN? AYE MR. CHAIRMAN? AYE. MS. LAMB? AYE. MOTION TO DENY PASSES. FOUR ZERO. ALRIGHT, AND THEN LAST STEP ON OUR DOCKET IS THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2, 3, 4 4 HALIMA STREET. IT'S THE APPLICATION OF, UH, MS. WALLY, THE APPLICANT IS NOT HERE BUT SHE'S BEING REPRESENTED BY, UH, BY MS. SALAMA S I'M SORRY. ALRIGHT, THANK YOU MA'AM. PLEASE PROCEED. SO, I MEAN IT'S THE SAME STREET, SAME SCENARIO. I ALREADY KNOW WHAT YOU'RE GONNA SAY, BUT THE QUESTION WITH THIS ONE IS A LITTLE BIT DIFFERENT BECAUSE IF WE REMOVE THE BRICK WALL ON HER STREET, SHE HAS HER OWN PRIVATE FENCE, WILL THAT STILL BE ABLE TO STAY AS IN PLACE? AND IT'S, I BELIEVE IN HER PROPERTY LINE, LIKE OVER 'CAUSE HERS IS A LITTLE DIFFERENT. YEAH, WE CAN'T ANSWER THAT JUST WITHOUT KNOWING THE SPECIFICS OF THAT FENCE. SO I I CAN'T ANSWER THAT FOR YOU TODAY. OKAY. SO I BELIEVE SHE PROVIDED PICTURES OF WHAT IT LOOKS LIKE. I, I, BECAUSE THE THING IS I, ONCE WE MOVE FORWARD AND YOU KNOW, YOU DENY THE, THE EXCEPTIONS AND THINGS, WHERE DOES SHE SIT AT? OKAY. WOULD SHE HAVE TO REMOVE THAT FENCE AS WELL? SO YEAH, I, I CAN'T ANSWER THAT JUST LOOKING AT THE PICTURE, BUT WHAT I WOULD SAY IS YOU'RE WELCOME TO ASK CITY STAFF AFTER THE MEETING TODAY. THEY'RE PROBABLY GONNA HAVE SOME OF THE SAME QUESTIONS THAT WE DO ABOUT, THEY, THEY MIGHT NOT KNOW THE MEASUREMENTS AND ALL THAT, BUT WE JUST CAN'T ANSWER THAT, UH, WITHOUT BEING CERTAIN. OKAY, WELL THEN I MEAN YOU'VE HEARD ALL OF US SAY THE SAME THING. PRIVACY, FINANCE, I MEAN THERE'S SECURITY, THERE'S NOTHING ELSE TO REPEAT. IT'S THE SAME THING, SAME SITUATION. ALRIGHT, THANK YOU VERY MUCH. ANY OTHER SPEAKERS IN SUPPORT OF THE APPLICATION FOR SPECIAL EXCEPTION OF 1, 2, 3, 4, 4 HALIMA STREET? ANY SPEAKERS IN OPPOSITION? HEARING NONE, I'LL ENTERTAIN A MOTION ON THE APPLICATION FOR SPECIAL EXCEPTION AT 1 2, 3, 4, 4 HALIMA STREET. MR. QUINT, I JUST RULE AGAIN JUST CONFIRMING THIS IS ALSO FRONTING FERRIS CREEK, IS THAT CORRECT? THAT'S CORRECT, YEAH. THEN I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BA 26 0 0 0 0 8 [02:05:01] ON THE APPLICATION I AM RANA WALLY DENY SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WITH ADVERSELY AFFECT NEIGHBORING PROPERTY. MR. CAMPBELL SECONDS, IS THERE ANY DISCUSSION STARTING WITH MR. GW? NO. GO. MR. CAMPBELL, AGAIN, UH, FOR THOSE OF YOU THAT ARE HERE TODAY, I WANT TO THANK YOU FOR YOUR TIME. SERIOUSLY. UM, THIS WAS A REALLY DIFFICULT CASE SET OF CASES, I SHOULD SAY. I THINK IT'S TREMENDOUS THAT Y'ALL COME TOGETHER AS A COMMUNITY AND, AND LIKE YOUR CASE AND RESTORE SOME FAITH IN HUMANITY, I SHOULD SAY. UH, IT WASN'T EASY. I'M GLAD THAT WE WERE ABLE TO FIND SOMEWHAT OF A SOLUTION. I KNOW IT'S NOT EXACTLY WHAT YOU WANTED. I HOPE THAT YOU'RE ABLE TO FIND SOME SORT OF SOLACE IN THAT AND I HOPE THAT YOU'RE ABLE TO ACHIEVE THE PRIVACY AND SECURITY YOU NEED WITH THE ALTERNATIVES THAT WERE LAID OUT EARLIER. UM, I KNOW WE'RE SPLITTING HAIRS. THIS WASN'T A PERFECT ENDING FOR ANYBODY HERE TODAY. UM, BUT I JUST WANNA THANK YOU FOR YOUR TIME AND I THINK YOU'VE ALL HAVE DONE A GREAT JOB. ANY FINAL COMMENTS MS. LAMB? NO. ALL RIGHT. CAN WE PLEASE TAKE A ROLL CALL VOTE ON MR. QUINN'S MOTION TO DENY THE SPECIAL EXCEPTION MR. KIMBALL. MR. QUINN? AYE MR. CHAIRMAN? AYE. MS. LAMB? AYE. MOTION TO DENY PASSES. 4, 2 0. ALL RIGHT, THAT IS THE LAST ITEM ON OUR DOCKET AND WE'RE ADJOURNED AT 3:24 PM THANK YOU. I. * 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.