* 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.
          [00:00:01]
          YEP. 
          GOOD AFTERNOON. 
          [Board of Adjustments: Panel A on July 14, 2026.]
UM, AND WELCOME TO THE BOARD OF ADJUSTMENT. 
          UH, MY NAME IS DAVID NEWMAN AND I AM THE HONOR TO SERVE AS THE CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF ITS PANEL A. 
          TODAY IS TUESDAY, JULY 14TH, 2026. 
          THE TIME IS 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF JUDGE AND PANEL A TO ORDER FOR OUR PUBLIC HEARING. 
          WE DO HAVE A QUORUM OF FOUR OF OUR FIVE PANEL MEMBERS AND THEREFORE WE CAN PROCEED WITH THE MEETING. 
          UH, LET ME ALLOW YOU TO DO INTRODUCTIONS FIRST. 
          UH, AGAIN, MY NAME IS DAVID NEWMAN, CHAIRMAN OF THE BOARD OF ADJUSTMENT. 
          TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, UH, MICHAEL DORN AND MICHAEL KOVI. 
          WE HAD DR. 
          EMMANUEL GLOVER WITH US THIS MORNING, BUT HE HAD TO LEAVE. 
          HE WAS ILL. 
          UM, I DON'T THINK HE'LL BE RETURNING THIS AFTERNOON, BUT WE HOPE HE, UH, RECOVERS WELL, UH, TO MY IMMEDIATE RIGHT IS DANIEL MOORE, OUR ASSISTANT CITY ATTORNEY AND AFFECTIONATELY CALLED A BOARD ATTORNEY EMERITUS OR EMERITUS BOARD ATTORNEY, FILLING IN FOR OUR THERESA CARLISLE, UH, DIANA BARKUM, WHO'S THE SENIOR PROJECT COORDINATOR FILLING IN FOR OUR BOARD ADMINISTRATOR AND MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR. 
          BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS. 
          UM, MEMBERS OF THE BOARD OF ADJUSTMENT ARE APPOINTED BY THE CITY COUNCIL. 
          WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME. 
          UH, WE GET JASON'S DILLEY, UM, A LITTLE, A BRIEF LUNCH AND WE APPRECIATE THAT WE OPERATE UNDER THE CITY COUNCIL APPROVE RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. 
          NO ACTION OR DECISION ON A CASE SETS A PRECEDENT. 
          EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES. 
          THE A, UM, THE APPLICANT IN EACH CASE HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION OF THE BOARD. 
          WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE BEEN REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED SEVEN DAYS PRIOR TO THE PUBLIC HEARING. 
          ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION, ANY OF THE CASES YOU WILL HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY WHEN YOUR CASE IS CALLED. 
          THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD. 
          APPROVAL OF A VARIANCE, SPECIAL EXCEPTION OR REVERSE OF A BUILDING OFFICIAL DECISION REQUIRES FOUR AFFIRMATIVE VOTES OF THE PANEL. 
          ALL THEIR MOTIONS REQUIRE A SIMPLE MAJORITY VOTES. 
          A DECISION LETTER OF THE BOARD'S ACTION TODAY WILL BE EMAILED TO THE APPLICANT BY OUR BOARD SECRETARY WITHIN TWO DAYS. 
          AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE. 
          IN ADDITION, WE WILL UPDATE THE BOA WEBSITE PENDING CASE LOG. 
          WITH OUR DECISION. 
          ANYONE DESIRING TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. 
          UH, MS. WILLIAMS, YOU RAISE YOUR HAND PLEASE. 
          YOU NEED TO FILL OUT ONE OF THESE BLUE SHEETS OF PAPER IF YOU'D LIKE TO SPEAK TODAY, EITHER DURING PUBLIC TESTIMONY OR DURING THE CASE. 
          THAT'S CALLED. 
          SO ANYONE IN THE AUDIENCE TODAY THAT HASN'T FILLED OUT A BLUE SHEET OF PAPER, PLEASE MAKE SURE YOU GET WITH MARY, UH, MS. WILLIAMS SO YOU CAN FILL THAT OUT. 
          A SPEAKER, UM, A BACKUP. 
          EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY, UM, ON ANY MATTER ON THE AGENDA FOR MAXIMUM THREE MINUTES. 
          IN ADDITION, A SPEAKER MAY ALSO SPEAK DURING THE, UH, THE PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. 
          EACH ALL REGISTERED ONLINE SPEAKER MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. 
          NO TELECONFERENCING IS ALLOWED. 
          ALL COMMENTS WILL BE DIRECTED TO MYSELF AS THE CHAIRMAN AND PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO PROVIDE TO MAINTAIN ORDER. 
          OUR AGENDA FOR THE PUBLIC HEARING THIS AFTERNOON IS WE WILL DO PUBLIC SPEAKING, ANY PUBLIC SPEAKING. 
          THEN WE'LL REVIEW AND APPROVE OUR MEETING MINUTES. 
          THEN WE'LL, WE HAVE ONE ITEM ON THE CONSENT AGENDA, WHICH IS LANYARD LANDWARD CIRCLE. 
          AND THEN WE'LL GO THROUGH CASES THEN OAKLAWN, THEN CHURCHILL WAY, THEN DAL GREEN, THEN ROSELYN. 
          SO THE ORDER IS PUBLIC SPEAKERS MEETING MINUTES. 
          LANDWARD, OAKLAWN, CHURCHILL, WAY, DRE AND ROSELYN. 
          ANY QUESTIONS FROM THE BOARD? OKAY. 
          FIRST ITEM ON THE AGENDA IS OUR FIRST ITEM ON THE AGENDA IS THE PUBLIC SPEAKERS. 
          MS. BOARD. 
          SECRETARY, DO WE HAVE ANY REGISTERED PUBLIC SPEAKERS? NO PUBLIC SPEAKERS REGISTER, SIR. 
          THANK YOU. 
          NEXT ITEM ON THE AGENDA IS OUR MEETING MINUTES FROM JUNE 16TH. 
          THE CHAIRMAN ENTERTAIN A MOTION. 
          MR. KOVI, MR. CHAIRMAN, I MOVE. 
          WE ACCEPT THE, UH, MINUTES AS WE HAVE THEM. 
          A MOTION BY MR. KOVI WAS TO ACCEPT THE PROPOSED MEETING MINUTES FROM JUNE 16TH. 
          IS THERE A SECOND? SECOND. 
          IT'S BEEN SECONDED BY, UM, MS. DAVIS. 
          WOULD YOU HAND THAT ON THE COUNTER RIGHT UP THERE? RIGHT. 
          PERFECT. 
          THANK YOU. 
          WE'LL PASS IT BACK SO YOU CAN SPEAK. 
          ALRIGHT. 
          A MOTION HAS BEEN MADE BY MR. KOVI, SECONDED BY MS. DAVIS 
          [00:05:01]
TO APPROVE PANEL A MEETING MINUTES FROM JUNE 16TH AS PRESENTED. 
          DISCUSSION OF THE MOTION HEARING? NO DISCUSSION. 
          ALL IN FAVOR, PLEASE SAY AYE. 
          AYE. 
          AYE. 
          AYE. 
          OKAY. 
          AND THOSE OPPOSED? UM, MEETING MINUTES ARE APPROVED. 
          FOUR TO ZERO. 
          THANK YOU. 
          NEXT ITEM ON OUR AGENDA IS THE ONE ITEM THAT, UM, UH, WE HAD CONSIDERED THIS MORNING AS PART OF OUR CONSENT AGENDA. 
          THIS IS, UH, BO A 26 DASH 0 0 0 4 5 AT, UH, 9 7 4 3 LANYARD CIRCLE. 
          UH, THE CHAIRMAN ENTERTAIN A MOTION. 
          MR. OVITZ, I MOVE THE BOARD OF ADJUSTMENT GRANT THE FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATION SATISFIES ALL REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND IS CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO IT. 
          APPLICATION OF CODY WELCH FOR A SPECIAL EXCEPTION FOR THE HANDY HANDICAP TO THE SINGLE FAMILY USE REGULATIONS AND IS SPECIAL EXCEPTION FOR THE HANDICAP TO THE FLOOR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS, COMPLIANT WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. 
          THE SPECIAL EXCEPTION EXPIRES WHEN A HANDICAPPED PERSON NO LONGER RESIDES ON THE PROPERTY IN THE MATTER OF BO OAS. 
          2 6 0 0 0 4 5. 
          MR. HOPKOS HAS MOVED TO GRANT THE REQUEST. 
          IS THERE A SECOND? SECOND. 
          SECOND BY MS. DAVIS. 
          DISCUSSION OF THE MOTION. 
          MR. HAITZ? UH, NO DISCUSSION MS. DAVIS. 
          NO DISCUSSION. 
          ALRIGHT. 
          ANY OTHER DISCUSSION IN THE MOTION? UH, THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. KOVI? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO GRAHAM PASSES FOR TO, FOR TO ZERO IN THE MANNER OF BO OA 2 6 0 0 0 0 4 5. 
          THE BOARD UNANIMOUSLY IN A 40 ZERO VOTE. 
          GRANTED THE REQUEST AS REQUESTED, UH, THE BOARD, THE APPLICANT WILL GET AN EMAIL, UH, CONFIRMATION FROM OUR BOARD ADMINISTRATOR IN THE NEXT TWO DAYS. 
          THANK YOU VERY MUCH. 
          THE NEXT ITEM ON THE AGENDA IS, UM, LET'S SEE HERE. 
          IS BO A 2 4 5 0 4 9 BO A 2 4 5 0 4 9? IS THE APPLICANT PRESENT? PLEASE COME FORWARD. 
          GOOD AFTERNOON, MR. CHAIR. 
          GOOD AFTERNOON PANEL MEMBERS. 
          UH, JONATHAN VINCENT. 
          2323 ROSS AVENUE. 
          ONE SECOND. 
          ONE SECOND. 
          HOLD ON. 
          OKAY, THANK YOU. 
          ONE SECOND. 
          HOW MANY SPEAKERS DO WE HAVE FOR 2 4 5 0 4 9? TWO SPEAKERS, SIR. 
          TWO SPEAKERS. 
          OKAY. 
          ALRIGHT. 
          IS IT THESE TWO GENTLEMEN? I'M SORRY. 
          IS IT THESE TWO GENTLEMEN, YOUR TWO SPEAKERS? THAT IS CORRECT. 
          ALRIGHT. 
          IF YOU BE SWORN IN, PLEASE, MS. BOARD SECRETARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO, YES. 
          OKAY. 
          PLEASE PROCEED. 
          ALRIGHT. 
          SO OUR RULES OF PROCEDURE, I COULD SAY THIS IN MY SLATE. 
          OUR RULES OF PROCEDURE ARE THAT THE APPLICANT'S GIVEN FIVE MINUTES AS WELL AS ANY ADDITIONAL, UH, SPEAKER IN FAVOR IS GIVEN FIVE MINUTES. 
          THEN ANYONE IN OPPOSITION IS GIVEN FIVE MINUTES TO SPEAK. 
          THEN THE APPLICANT'S GIVEN FIVE MINUTE REBUTTAL. 
          AS IS MY PRACTICE, AS IS THE BOARD'S PRACTICE, IS THAT WE GENERALLY LET THE APPLICANT HAVE A REASONABLE AMOUNT OF TIME BEYOND THAT AS LONG AS YOU'RE NOT REDUNDANT. 
          SO, UH, MY BOARD SECRETARY'S GOING TO NUDGE ME AT THE FIVE MINUTE MARK, BUT I'LL LET YOU KEEP GOING JUST AS LONG AS WE'RE NOT REDUNDANT. 
          ALRIGHT? SO, UM, PLEASE PROCEED. 
          THANK YOU, MR. CHAIR. 
          I APPRECIATE THAT. 
          AND IF YOU WOULD INDULGE ME, I HAVE, UM, FIVE PAGES OF HANDOUTS, UM, WHICH I WOULD LIKE TO PROVIDE TO THE YEP, GO AHEAD AND GIVE TO OUR BOARD SECRETARY. 
          THANK YOU MR. HERE. 
          UM, WHAT, UH, MS. WILLIAMS IS GONNA BE HANDING OUT TO YOU. 
          UM, I WATCHED THE, THE BRIEFING SESSION THIS MORNING OF COURSE, AND THERE WAS SOME DISCUSSION AS TO WHETHER A BUILDING PERMIT HAD BEEN OBTAINED AND ISSUED FOR THIS PROJECT. 
          AND, UH, INFORMED BY, UH, MR. ADAM HAMMOCK, WHO'S ALSO HERE WITH US, HE'S WITH OWNERSHIP, 
          [00:10:01]
UM, THAT THE BUILDING PERMIT HAD IN FACT BEEN ISSUED. 
          AND SO WHAT I'M HANDING OUT TO YOU IS COPIES OF THAT AS WELL AS A COPY OF THE CERTIFICATE OF OCCUPANCY. 
          THE, UH, THE FIFTH AND FINAL PAGE, UM, THAT'S BEING HANDED OUT IS A PHOTO OF THE INTERIOR OF THE RESTAURANT BECAUSE THERE WERE SOME DISCUSSION ABOUT THE AMOUNT OF SQUARE FOOTAGE AND THE EXPANSION INTO A SECOND LEVEL. 
          AND IT TURNS OUT, AND ACTUALLY I HAD DINNER THERE MYSELF A FEW WEEKS AGO, SO I SHOULD HAVE REMEMBERED THIS. 
          THE INTERIOR OF THE RESTAURANT IS A VERY LARGE ATRIUM, SO THEY COULD PUT THAT TREE FEATURE IN THERE SO THERE'S NO ADDITIONAL SQUARE FOOTAGE CREATED BY, IN ESSENCE, POPPING THE ROOF UP TO A SECOND LEVEL. 
          SO HOPEFULLY THAT HELPS CLARIFY SOME OF THAT DISCUSSION. 
          DID YOU WANT US TO RESPOND TO THAT COMMENT? I DON'T WANT TO INTERRUPT YOUR SPEAKING, BUT, UH, ARE, ARE YOU SAYING THE SQUARE FOOTAGE THAT IN THE PICTURE UP HERE, THERE'S NO SEATING UP THERE THAT'S FOR, UH, THEY HAVE LIVE MUSIC AT THE RESTAURANT, I'M TOLD AND THAT, SO MY QUESTION IS, IS THERE SEATING FOR GUESTS UP THERE? NO, THERE'S NOT. 
          I'M TOLD THAT THERE'S NOT. 
          I SEE CHAIRS, MR. VINCENT, I, I'M TOLD BY THE OWNERSHIP THAT THERE'S NOT, THAT MAYBE THAT'S, I, YOU KNOW, THEY HAVE LIVE MUSIC, UM, THERE, IN FACT, THEY HAD IT WHEN I WAS THERE. 
          SO MAYBE THAT'S FOR THE USE OF THE MUSICIANS. 
          I'M NOT SURE I'M, BUT I'M TOLD THAT THAT'S NOT AVAILABLE FOR CUSTOMER SEATING. 
          OKAY. 
          SO I THINK WHAT WAS TOLD TO US IN THE BRIEFING THIS MORNING IS THE EXPANSION OF THE PROPERTY WAS WITHOUT A, WAS WITHOUT A PERMIT. 
          YOU'RE SAYING THAT THESE, THAT YOU'VE PROVIDED US NOW, UH, I DON'T WANT TO SAY REFUTE, I'LL SAY CONTRADICT. 
          UM, I'LL SAY CLARIFY, UPDATE. 
          CLARIFY. 
          OKAY. 
          YOU'RE, WE'RE ALL BEING GENERALLY OKAY. 
          UM, THIS IS, UH, I'M JUST DEALING WITH THIS SINCE YOU JUST GAVE US THIS N NEW INFORMATION. 
          SURE. 
          UH, THIS IS DATED 2 20 26. 
          OKAY. 
          AND, AND ACTUALLY THERE IS ONE OTHER POINT OF DISCUSSION THIS MORNING THAT, UM, BEFORE I GET INTO THE PRESENTATION, WHICH I'LL TRY TO DO, WELL HOLD ON A SECOND OKAY. 
          BEFORE YOU WE GO ON THAT. 
          SURE. 
          UM, THE CO IS DATED 5 18 26. 
          IS THIS A TEMPORARY CO OR A PERMANENT CO? LET'S SEE, LEMME SEE WHAT IT SAYS. 
          I DON'T SEE A TEMPORARY LOCATION. 
          AND IT SHOWS 4,255 SQUARE FEET OF THE RESTAURANT. 
          YES, SIR. 
          THAT'S CORRECT. 
          42 55. 
          SO, UH, IT, WHAT I'M LOOKING AT THIS C HERE, HERE, RIGHT, MR. CHAIRMAN? YES. 
          MR. KOVI. 
          UM, ON THE CO AGAIN, WE'RE INTERRUPTING YOUR, YOUR TALK RIGHT NOW 'CAUSE YOU'RE GIVING US BRAND NEW INFORMATION. 
          YES, SIR. 
          ON THE CO ON THE FOURTH LINE, FROM THE BOTTOM OF THE DESCRIPTION, IT SAYS MEZZANINE LEVEL, WHICH IMPLIES A SECOND LEVEL. 
          SAY THAT AGAIN, MR. KOVI ON THE WORK DESCRIPTION OF THE PERMIT. 
          YES, YES. 
          FOURTH, FOURTH LINE FROM THE BOTTOM ON, YOU'RE TALKING ON THE FIRST PAGE. 
          ONE ON OH 600. 
          YES. 
          VERY, VERY FIRST PAGE. 
          THANK YOU. 
          THE SECTION LABEL WORK DESCRIPTION, FOURTH LINE FROM THE BOTTOM OF THAT PARAGRAPH REFERENCES A MEZZANINE LEVEL. 
          YES. 
          HE'S SAYING IT'S NOT FOR RESTAURANT USE, IT'S FOR ENTERTAINMENT. 
          IS THAT WHAT HE SAID? YOU SAID MR. VINCENT? YES, SIR. 
          THAT'S CORRECT. 
          THAT'S WHAT I'VE BEEN TOLD. 
          I I BELIEVE YOU SAID YOU, YOU THOUGHT THAT WAS THE CASE. 
          THAT'S WHAT I'VE BEEN TOLD. 
          OKAY, SO YOU, YOU DON'T, YOU DON'T KNOW THAT'S WHAT YOU'VE BEEN TOLD. 
          YOU DON'T KNOW FOR A FACT, HAVE YOU? THE ONLY, THE ONLY THING I CAN TELL YOU IN MY PERSONAL KNOWLEDGE IS THAT I WAS THERE WITH MY WIFE FOR DINNER A FEW WEEKS AGO AND THEY DID HAVE MUSICIANS UP THERE. 
          I DID NOT SEE ANYONE ELSE UP THERE, ANY CUSTOMERS. 
          OKAY. 
          SO THAT'S WHAT YOU CAN TESTIFY TO IS FACT, THAT'S WHAT I CAN TESTIFY TO IS A FACT. 
          OKAY, THANK YOU. 
          OKAY. 
          ALRIGHT. 
          SO WE'RE ABSORBING WHAT YOU'VE GIVEN US. 
          ALRIGHT. 
          YOU WANTED TO MAKE ANOTHER POINT, YOU SAID? YES, SIR. 
          JUST ONE OTHER POINT OF INFORMATION, UM, PLEASE. 
          THERE WAS SOME DISCUSSION ABOUT THE, THE ORANGE, KIND OF THE BRIGHT ORANGE AREA THAT YOU SAW. 
          YES. 
          IN THE PHOTOGRAPHS THAT AGAIN, BASED ON MY PERSONAL KNOWLEDGE, 'CAUSE WE WERE SEATED RIGHT NEXT TO IT, BUT INSIDE THAT'S ACTUALLY OUTDOOR PATIO AREA. 
          YOU CAN'T SEE IT WITHIN THOSE WALLS, BUT THERE ARE TABLES IN THERE, BUT THEY'RE PATIO AREA THAT'S, I BELIEVE, OPEN TO THE ELEMENTS. 
          AND IN PD 6 21, THERE'S A DEFINITION FOR OUTSIDE SEATING. 
          UH, IT MEANS THE AREA BETWEEN AN OMITTED WALL LINE AND THE STRUCTURAL WALL WHEN THE AREA IS USED SOLELY FOR SEATING OF PATRONS. 
          I WOULD SUBMIT TO YOU THAT THAT IS UNDER THAT DEFINITION THAT IS OUTSIDE SEATING. 
          AND THEN THE, DOES THAT TRIGGER UNDER THE PD, DOES THAT TRIGGER PARKING REQUIREMENT? GOOD QUESTION. 
          AND THAT'S, THAT'S THE SECOND PART OF MY ANSWER IS, UM, 
          [00:15:01]
UNDER THE OFF STREET PARKING REQUIREMENTS IN PD 6 21, IT STATES AS REGARDS TO RESTAURANTS THAT NO PARKING IS REQUIRED FOR OUTSIDE SEATING. 
          AND THERE'S THE DEFINITION UP TO 10% OF THE TOTAL FLOOR AREA OF THE RESTAURANT. 
          WHAT'S THE SQUARE FOOTAGE OF THE OUTSIDE SEATING? I DON'T KNOW THE ANSWER TO THAT. 
          WELL, IT'S RELEVANT ACCORDING TO THE CRITERIA YOU JUST GAVE US, RIGHT? I MEAN, I GUESS IT'S MAYBE, AND OF COURSE WE'RE ALL, THIS IS ALL TEST, TEST TESTIMONY, SO I DON'T WANT YOU TO GUESS. 
          YOU DO WANT ME TO GUESS. 
          I DON'T WANT YOU TO GUESS BECAUSE YOU TWO GENTLEMEN SWORE, SWORE IN AND WE, YOU KNOW, SO IF YOU DON'T KNOW, YOU DON'T KNOW. 
          I DON'T KNOW. 
          OKAY. 
          I'D, I'D RATHER BE HONEST AND SAY THAT I DON'T KNOW THAT NUMBER. 
          I'D RATHER YOU NOT TESTIFY TO SOMETHING YOU'RE NOT SURE TO CORRECT. 
          YOU KNOW, I HAVE A HABIT OF WRITING EVERYTHING DOWN, SO. 
          YES SIR. 
          ALRIGHT, UNDERSTOOD. 
          SO WHAT YOU JUST SAID IS PD 6 21 SAYS THAT OUTSIDE SEATING DOES NOT REQUIRE PARKING AS LONG AS IT DOES NOT EXCEED 10% OF THE, OF THE TOTAL THAT'S CORRECT. 
          OF THE FLOOR AREA. 
          OKAY. 
          THAT'S, THAT'S IN THE PD. 
          OKAY. 
          ALRIGHT, SO THESE ARE ALL INTERESTING QUESTIONS FOR US TO HEAR ABOUT. 
          OKAY. 
          SO AT THIS POINT, UM, I THINK I'LL GO AHEAD AND LAUNCH INTO THE PRESENTATION AND THEN MR. DENMAN, WE'LL TALK TO YOU AFTER, AFTER I'M DONE AND JUST SORT OF SET THE STAGE. 
          THE THEME OF MY PRESENTATION IS THAT, UM, WE BELIEVE THAT THE PURPOSE OF THE REASSESSMENT IS TO DETERMINE WHETHER THE AMOUNT OF PARKING THAT'S PROVIDED UNDER THE SPECIAL EXCEPTION THAT WAS GRANTED ALMOST A YEAR AGO, UM, IS SUFFICIENT AND DOESN'T CREATE A TRAFFIC HAZARD OR CONGESTION OR ANY OF THAT IN, IN LINE WITH THE STANDARD FOR A SPECIAL EXCEPTION. 
          AND WE'RE HERE TODAY TO TELL YOU THAT, UM, THERE IS PLENTY OF PARKING THERE. 
          WE CAN DEMONSTRATE THAT MR. DENMAN HAS DONE A STUDY WHICH HE WILL DISCUSS WITH YOU. 
          UH, WE BOTH VISITED THE SITE PERSONALLY ON SEPARATE OCCASIONS AND OBSERVED, UM, THAT IT'S IMPORTANT TO REMEMBER THE RESTAURANT IS NOT EVEN OPEN FOR LUNCH. 
          THEY OPEN, I BELIEVE AT FOUR 30 IN THE AFTERNOON. 
          UM, SO THEY'RE ONLY OPEN FOR DINNER, WHICH OF COURSE THE SHOWROOM WAREHOUSES AROUND THERE ARE TYPICALLY CLOSED BY THEN. 
          SO AGAIN, THE THEME OF THE PRESENTATION IS GONNA BE THAT WE BELIEVE WE'VE MET THE REASSESSMENT CONDITION BECAUSE THERE IS PLENTY, PLENTY OF PARKING. 
          UM, ABSOLUTELY NO ISSUE WHATSOEVER WITH THAT. 
          SO WITH THAT, I'LL GO AHEAD AND LAUNCH INTO, UM, YOU SEE THE INTRODUCTORY SLIDE THERE. 
          UM, WE CAN GO TO THE NEXT SLIDE, PLEASE. 
          THERE WE GO. 
          SO JULY 15TH, 2025 PANEL A HEARD OUR REQUEST. 
          UM, AND I WON'T RECITE THE STANDARD BECAUSE YOU KNOW IT VERY WELL, BUT IT'S IN THE MINUTES THAT YOU FOUND THAT, UM, WE MET THE STANDARD FOR A PARKING SPECIAL EXCEPTION. 
          UM, THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES. 
          MOTION WAS MADE TO GRANT THE SPECIAL EXCEPTION AND IT WAS GRANTED ON A FOUR TO ONE VOTE WITH SOME CONDITIONS, WHICH IS WHY WE'RE HERE TODAY. 
          NEXT SLIDE, PLEASE. 
          THEN YOU SEE, YOU KNOW, THE DOCUMENTARY EVIDENCE OF THE APPROVAL OF THE SPECIAL EXCEPTION. 
          UM, THE DISPOSITION LETTER ON THE LEFT AND THE BUILDING OFFICIAL, I MEAN THE, UM, BOARD CHAIR'S REPORT ON THE RIGHT SHOWING FILING IN THE BOARD OFFICE. 
          UH, NEXT SLIDE PLEASE. 
          SO WHAT'S WHAT'S KEY TO THIS AND WHY WE'RE HERE TODAY? THE MINUTES FROM THE JULY 15TH, 2025 HEARING, UM, AGAIN, RECITING THAT THE STANDARD WAS MET ACCORDING TO THE MOTION MADE BY THE PANEL AND APPROVED. 
          YOU SEE THE THREE BULLET POINTS DOWN THERE, WHICH ARE THE CONDITIONS OF THE APPROVAL. 
          AND LET'S GO TO THE NEXT SLIDE. 
          AND THIS IS JUST A BIGGER VERSION OF THAT, MORE LEGIBLE. 
          UM, SO THE USES, THERE ARE EXACTLY THE USES AS REPRESENTED IN THE ORIGINAL CASE, UH, RESTAURANT WITHOUT DRIVE IN OR DRIVE THROUGH SERVICE AT, WITHOUT IT'S IMPORTANT OFFICE OR OFFICE SHOWROOM USES. 
          AND THOSE ARE EXACTLY THE USES THAT ARE THERE TODAY. 
          UH, VALET SERVICES MUST BE PROVIDED AND THE VALET STAND MUST BE LOCATED ON SITE. 
          ABSOLUTELY. 
          WE'VE MET THAT. 
          UM, WE CAN SHOW THAT, YOU KNOW, I PERSONALLY VALET MY CAR WHEN I WAS THERE. 
          AND THE THIRD CONDITION, THE REASON WE'RE HERE TODAY, APPLICANT MUST APPEAR BEFORE THE BOARD FOR A REASSESSMENT FINAL ISSUANCE OF THE SPECIAL EXCEPTION WITHIN 12 MONTHS FROM ISSUANCE OF THE CO. 
          SO, UM, WE'RE ACTUALLY HERE. 
          THE, THE RESTAURANT CO WAS ACTUALLY ISSUED FAIRLY RECENTLY, UM, AS YOU CAN SEE, BUT APPARENTLY THERE HAD BEEN ANOTHER CO ON THE PROPERTY THAT HAD BEEN ISSUED OR AMENDED OR WHATEVER. 
          I MUST HAVE BEEN FOR ONE OF THE SHOWROOM USES. 
          SO THAT'S WHY WE'RE HERE AT THIS POINT IN TIME. 
          NEXT SLIDE PLEASE. 
          SO, UM, APPEAR WE ARE APPEARING FOR THE 12 MONTH REASSESSMENT PER THAT THIRD CONDITION. 
          YOU HAVE A MEMORANDUM FROM MR. DENMAN WHO 
          [00:20:01]
WENT OUT THERE AND STUDIED THE PROPERTY AND GAVE YOU HIS PROFESSIONAL IN OPINION AS AN ENGINEER. 
          UM, YOU'VE GOT A COPY OF THE MEMORANDUM, HOPEFULLY YOU'VE HAD A CHANCE TO REVIEW IT. 
          MADE PERSONAL OBSERVATIONS, TALKED TO THE VALET AND RESTAURANT OPERATIONS PEOPLE, AND I ALSO MADE AN IN, UH, ON SITE VISIT MYSELF, UM, EARLY IN THE EVENING. 
          NEXT SLIDE PLEASE. 
          SO THE, THE RESTAURANT USE THAT'S THERE, LAUP PITA OPENED ON JUNE 2ND, UM, ONLY OPEN IN THE EVENINGS TUESDAY THROUGH SUNDAY. 
          UM, YOU'LL SEE ON THE LEFT IT WAS MET WITH AN ENTHUSIASTIC RECEPTION FROM THE DESIGN DISTRICT PEOPLE. 
          SO, YOU KNOW, PEOPLE IN THE NEIGHBORHOOD BELIEVE THAT IT'S A GOOD THING FOR THE NEIGHBORHOOD AND ON THE RIGHT THAT'S JUST PACE THAT SHOWS THE OPERATING HOURS PER GOOGLE, SO IT IS ONLY OPEN IN THE EVENINGS. 
          SO TO GET INTO THE, THE SUBSTANCE OF THE MEMORANDUM AND MR. DENMAN CAN TALK ABOUT THIS SOME MORE AS WELL. 
          UM, NEXT SLIDE PLEASE. 
          SO WHAT I DID WAS I, I HIT THE HIGH POINTS OF THE OBSERVATIONS FROM MR. DENMAN'S REASSESSMENT MEMORANDUM, EACH OF US SEPARATELY, BUT PERSONALLY MADE A VISIT ON SATURDAY EVENING, YOU KNOW, RESTAURANT OPERATIONS THAT I WOULD IMAGINE THAT'S PEAK, ESPECIALLY WHEN YOU'RE NOT EVEN OPEN FOR LUNCH. 
          UM, THE VALET STAND WAS THERE, THE VALETS WERE THERE. 
          UM, SEVERAL OF THEM, YOU KNOW, IT SEEMED TO BE OPERATING VERY SMOOTHLY. 
          UM, MR. DIMAN CONCLUDED THERE'S AMPLE ON SITE PARKING, UM, 32 OPEN SPACES. 
          AND THIS WAS DURING SATURDAY NIGHT FROM 7:00 PM TO 9:00 PM WHICH, YOU KNOW, FOR A NICE RESTAURANT TO ME IS THE PEAK OPERATING TIME OF ANY TIME DURING THE, THE WEEK. 
          UM, ALWAYS PLENTY OF PARKING AVAILABLE ON SITE. 
          UM, PER THE VALET OPERATORS, PEOPLE ARRIVED BY UBER, LYFT, UH, TAXI, VERY FEW WALK-UP PATRONS, WHICH IS NOT SURPRISING GIVEN THE CHARACTER OF THE AREA. 
          UM, AND THE RESTAURANT MANAGER WAS INTERVIEWED, UM, INSIDE TABLES HAD BEEN FULL, BUT THERE WAS CURRENTLY A TABLE WAIT, BUT SHE SAID THAT WE HAVE MORE PARKING THAN WE HAVE TABLES. 
          SO EVEN WITH THE RESTAURANT AT FULL OPERATION, THERE IS PLENTY OF PARKING. 
          UM, WE BELIEVE THAT THERE'S ABOUT TWICE AS MUCH PARKING AS THERE IS ACTUAL DEMAND, EVEN WITH THE SPECIAL EXCEPTION. 
          NEXT SLIDE PLEASE. 
          SO, UH, MR. DENMAN ALSO WENT BACK, UM, ON A MONDAY EARLY AFTERNOON, RESTAURANTS, CLOSED SHOWROOMS ARE OPEN. 
          UH, THERE WERE ONLY 21 PARKED CARS COUNTED WITHIN THE, THE PARKING SPACES ON THE SITE. 
          UM, SO HIS CONCLUSION IS THAT THE COUNTS AND OBSERVATIONS SUPPORT THE POSITION THAT THERE IS NO TRAFFIC CONGESTION ON ANY OF THE ADJACENT STREETS. 
          AND I THINK HE EVEN HAS SOME VIDEOS TO DEMONSTRATE THAT AFTER I GET DONE. 
          UH, WHEN WE APPEARED BEFORE YOU ALL A YEAR AGO, THERE WAS ALSO DISCUSSION ABOUT, UM, THE PEDESTRIAN APPROACHES TO THE SITE IF SOMEONE WANTED TO PARK, YOU KNOW, ACROSS THE STREET OR WHATEVER. 
          UM, AND AT THAT TIME IT WAS POINTED OUT THAT THERE WERE NO CROSSWALKS PAINTED ON THE STREET. 
          UM, I'LL GET TO SOME IMAGES OF THAT IN A MINUTE, BUT THOSE CROSSWALKS PER A CITY OF DALLAS SERVICE REQUEST HAVE NOW BEEN PAINTED ON THERE. 
          SO WE THINK THAT IMPROVES THE PEDESTRIAN EXPERIENCE TO, TO THE EXTENT THAT THERE IS A PEDESTRIAN EXPERIENCE IN THIS AREA. 
          BUT IF SOMEONE WANTED TO CROSS THE STREET, IT'S CERTAINLY A SAFER AND BETTER CONDITION. 
          SO, UH, NEXT SLIDE PLEASE. 
          SO THE CONCLUSION, UM, AND I'LL JUST READ THIS TO YOU, THE, THE 73 SPACES ARE MORE THAN SUFFICIENT TO ADEQUATELY PARK THE RESTAURANT OFFICE AND SHOWROOM USES FOR THE SITE, UM, DOES NOT CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS. 
          AND AGAIN, YOU'LL SEE, UH, STILL PHOTOGRAPHS ILLUSTRATING THAT AS WELL AS A VIDEO HERE IN A COUPLE MINUTES. 
          UH, MEMORANDUM EXHIBIT ONE IS THE NEXT PAGE. 
          THAT'S THE ONE THAT WAS ATTACHED, UM, TO THE ORIGINAL APPROVAL. 
          THE, THE RED AREA IS WHERE THE RESTAURANT IS LOCATED, AND THE REST OF IT IS OFFICE, UH, SHOWROOM WAREHOUSE. 
          UH, NEXT SLIDE. 
          THIS IS THE, AGAIN, THESE ARE MR. DEN DENMAN'S IMAGES. 
          UM, THIS IS JUNE 8, 26, SATURDAY EVENING. 
          UM, YOU SEE THE VALET OPERATION THERE. 
          UM, THE SECOND LEVEL, UM, IN THE BACK YOU SEE THAT, UH, WHERE THE BRICKWORK IS, THAT IS THE PART THAT HOUSES THE ATRIUM WHERE THE TREE IS. 
          THAT'S IN THE PHOTOGRAPH THAT I HANDED OUT TO YOU ALL JUST TO HELP ORIENT YOU. 
          SO AGAIN, YOU SEE THAT, YOU SEE THE VALET OPERATION, YOU SEE PLENTY OF PARKING THERE. 
          THE GREEN CONES ARE FOR THE USE OF THE VALETS. 
          UH, NEXT SLIDE PLEASE. 
          THIS IS, AGAIN, AN IMAGE THAT SHOWS PLENTY OF PARKING AVAILABLE AGAIN, EARLY EVENING ON A SATURDAY EVENING. 
          UH, NEXT SLIDE PLEASE. 
          AND THIS IS FROM ACROSS THE STREET. 
          AGAIN, LOTS OF PARKING. 
          AND NOW THIS WAS DURING THE DAY, AS IT SAYS. 
          SO THE RESTAURANT IS CLOSED, THE OTHER USES ARE PRESUMABLY OPEN. 
          SO LOTS AND LOTS OF PARKING, NOT A PROBLEM. 
          [00:25:02]
UH, EXHIBIT FOUR IS THE NEXT SLIDE. 
          YOU SEE, THIS IS THE PREVIOUS CONDITION WITH NO PAINTED CROSSWALKS. 
          AND THEN IF YOU GO TO THE NEXT, UM, IMAGE, ALSO MEMORANDUM EXHIBIT FOUR, IT SHOWS THAT THE CROSSWALKS HAVE NOW BEEN INSTALLED AND PAINTED. 
          AND THEN THE NEXT IMAGE AFTER THAT IS A SIDE BY SIDE COMPARISON. 
          YEAH, THAT THE NEXT SLIDE WILL SHOW. 
          YEAH, THERE YOU GO. 
          SO YOU SEE THE SIDE BY SIDE SEPTEMBER, 2025 VERSUS JUNE, 2026. 
          SO A BETTER PEDESTRIAN CONDITION, WHICH WE THINK IS IRRELEVANT. 
          UM, AND THESE ARE PICTURES THAT I TOOK AND I'M SORRY, THE RESOLUTION'S NOT AS GOOD AS MR. DENMAN'S PHOTOS. 
          UM, BUT AGAIN, THIS WAS, UH, ACCORDING TO MY IPHONE 6:04 PM SATURDAY JUNE 27, YOU SEE AVAILABLE PARKING, UM, LOOKING DOWN THE DRIVE AISLE. 
          UM, THAT TRUCK OBVIOUSLY IS A DELIVERY TRUCK. 
          IT JUST HAPPENED TO BE THERE. 
          UM, BUT THERE'S PLENTY OF PARKING GOING DOWN, UM, IN FRONT OF YOU. 
          AND A THIRD, THIS IS WHEN WE CAME OUT, SEVEN 15. 
          AGAIN, PLENTY OF PARKING ON A SATURDAY NIGHT. 
          SO THAT'S MY PERSONAL OBSERVATION. 
          I CAN TESTIFY TO IT. 
          UM, I SAW NO PROBLEMS AT ALL. 
          THE WEIGHT TO VALET THE CAR, THE WEIGHT TO GET MY CAR BACK FROM THE VALET WAS MINIMAL. 
          UM, HAD NO ISSUES WHATSOEVER, UH, PARKING RELATED TO ANY KIND. 
          SO MY CONCLUSION IS, AND THIS IS THE LAST SLIDE HERE, UM, WE BELIEVE WE HAVE MET THE REASSESSMENT CONDITION BECAUSE WE THINK THE INTENT OF THAT REASSESSMENT CONDITION WAS TO DEMONSTRATE THAT THE PARKING SUPPLY UNDER THE SPECIAL EXCEPTION IS NOT AN ISSUE. 
          UH, WE THINK THAT CONDITION IS MET BECAUSE THERE IS LOTS AND LOTS OF PARKING THERE. 
          THERE'S AMPLE PARKING, PLENTY OF PARKING, PROBABLY TWICE AS MUCH, AGAIN, AS WHAT WE THINK IS ACTUALLY NEEDED. 
          UH, MR. DENMAN IS GONNA TALK TO YOU IN A SECOND ABOUT HIS MEMORANDUM. 
          UM, HE'S, AS YOU KNOW, WORKED FOR THE CITY OF DALLAS FOR MANY YEARS, HIGHLY EXPERIENCED IN THIS AREA. 
          UH, BUT WE HAVE BOTH MADE PERSONAL ONSITE OBSERVATIONS ON DIFFERENT SATURDAY NIGHTS. 
          AGAIN, EXPERIENCED LOTS OF PARKING AVAILABLE. 
          SO WE THINK THAT IT'S CLEAR THAT THE PARKING SUPPLY IS MUCH MORE THAN SUFFICIENT EVEN AT PEAK TIMES. 
          AND WE'RE HERE TODAY TO RESPECTFULLY ASK YOU ALL, UM, AS A PANEL TO DETERMINE THAT THE REASSESSMENT CONDITION HAS BEEN FULFILLED AND TO, UM, QUOTE THE LANGUAGE FROM THE CONDITION AND THE APPROVAL TO GRANT FINAL ISSUANCE OF THE SPECIAL EXCEPTION AS YOU PREVIOUSLY GRANTED IT ON, UH, IN 2025. 
          SO AGAIN, JUST TO CONCLUDE, YOU KNOW, AND I, I'M AT THE BARE, AT THE RISK OF SEEMING REPETITIVE, WE THINK THE WHOLE REASON WE'RE HERE TODAY IS BECAUSE WE, IT'S ON US, AS YOU SAID, MR. CHAIR, TO DEMONSTRATE TO YOU AS A PANEL THAT THERE IS PLENTY OF PARKING. 
          THAT THE SPECIAL EXCEPTION HAS NOT CREATED ANY ISSUES WITH RESPECT TO PARKING OR TRAFFIC CONGESTION. 
          WE BELIEVE THAT'S CRYSTAL CLEAR. 
          YOU KNOW, IT'S, WE'RE NOT JUST HERE SAYING THAT WE HAVE THE PICTURES TO PROVE IT. 
          LITERALLY. 
          UM, STUDIES, OBSERVATIONS, UH, THERE IS LOTS AND LOTS OF PARKING AVAILABLE. 
          UM, AND IN THIS PART OF TOWN, YOU KNOW, THERE'S NOT THAT MUCH ELSE THAT'S OPEN IN THE EVENING. 
          UM, THERE'S A PROPERTY NEXT DOOR THAT HAS, I BELIEVE, AT LEAST ONE RESTAURANT THAT ALSO GOT A SPECIAL EXCEPTION FROM A DIFFERENT PANEL. 
          UM, BUT OTHER THAN THAT, WE THINK WE HAVE CLEARLY MET THE CONDITION FOR APPROVING THE REASSESSMENT. 
          SO, UM, I'LL STAY HERE 'CAUSE I, I KNOW THERE ARE GONNA BE QUESTIONS, BUT I THINK MR. DENMAN IS GONNA ADDRESS YOU. 
          THANK YOU SIR. 
          BRYANT, DO YOU HAVE THE POWERPOINT? MY PRESENTATION'S TWO AND A HALF MINUTES. 
          , ARE, YOU SAY YOU ONLY NEED TWO AND A HALF MINUTES, , BE CAREFUL. 
          WE'VE ALL HEARD, BE CAREFUL. 
          WE'VE ALL HEARD THE COMMON SAYING A PICTURE IS WORTH A THOUSAND WORDS AND I'M HOPING THAT A VIDEO WILL BE WORTH EVEN MORE. 
          SO IF BRYANT WILL PULL UP THE POWERPOINT THERE, THERE'S AUDIO TO THE POWERPOINT, SO THAT MAY NEED TO BE ADJUSTED AS HE STARTS. 
          [00:30:16]
AND CAN YOU MAKE IT FULL SCREEN IF YOU START THE POWERPOINT, IF YOU START THE SLIDESHOW, THERE WE GO. 
          OKAY. 
          SO I MADE A COMPARISON. 
          THIS IS, I DON'T HEAR THE AUDIO. 
          THERE WE GO AT FIVE O'CLOCK ON A WEDNESDAY AND JUST SHOWING THE, THIS IS IN A RESIDENTIAL NEIGHBORHOOD, SOME OF THE MOST EXPENSIVE HOMES IN DALLAS. 
          AND I'M SHOWING THE CONTRAST WITH WHAT, MAYBE YOU CAN KILL THE AUDIO. 
          IT'S IN AN INDUSTRIAL COMMERCIAL AREA, IS COMPARED TO THIS SIX LANE DIVIDED IN A RESIDENTIAL AREA. 
          THIS IS 5:00 PM WEDNESDAY, NOVEMBER 19TH. 
          SO IN SUMMARY, SIX LANE DIVIDED HILLCREST AT, AT FOREST RESIDENTIAL AREA SIX LANE DIVIDED, DIVIDED ABOUT 90% CAPACITY. 
          NOW WE'RE GONNA SEE MARKET CENTER AT IRVING BOULEVARD, SIX LANE DIVIDED COMMERCIAL INDUSTRIAL AREA AND HIT IT JUNE 6TH, 2026 AT 1201. 
          SO THE PURPOSE OF THOSE VIDEOS WERE TO SHOW THE DIFFERENCE OF A SIX LANE DIVIDED IN THE CITY OF DALLAS NEAR ITS DESIGN CAPACITY VERSUS THE SIX LANE DIVIDED HERE AT MARKET CENTER IN IRVING BOULEVARD. 
          LESS THAN ONE THIRD OF ITS DESIGN CAPACITY. 
          THESE STREETS NEED MORE TRAFFIC. 
          UM, THERE'S NO CONGESTION CONCERN, THERE'S NO SAFETY CONCERN, THERE'S PLENTY OF QUEUING ON SITE. 
          AND THEN SPECIFIC TO THE PARKING, I SUBMITTED MY ENGINEERING REPORT THAT SHOWED, AS JONATHAN JUST POINTED OUT, IN SUMMARY, THERE'S NEARLY TWICE AS MUCH PARKING ON SITE AVAILABLE AS WHAT THEY ARE USING AT THE PEAK OF THE PEAK. 
          SO IF THERE ARE ANY SPECIFIC QUESTIONS TO MY ENGINEERING REPORT, I'M HAPPY TO ANSWER THOSE. 
          BUT I WANTED YOU TO GET THAT VISUAL OF HILLCREST AT FOREST IN A RESIDENTIAL AREA, THE TRAFFIC SIGNALS DON'T EVEN CLEAR. 
          THERE'S SO MUCH TRAFFIC. 
          THE SIX LANE DIVIDED OAK LAWN AT MARKET CENTER, YOU COULD HAVE A PICNIC IN THE STREET AND THERE'S MORE THAN ENOUGH PARKING. 
          I WENT DURING LUNCH JUST NOW TO COUNT THE PARKING THAT WAS THERE AND IT'S 60% OPEN. 
          YOU KNOW, THERE WAS LESS THAN 30% CARS ON SITE. 
          SO THEY HAVE TWICE AS MUCH PARKING AS THEY NEED. 
          THAT'S BASICALLY WHAT WE'VE SEEN THROUGH THIS EFFORT AT THIS POINT. 
          AND ANY QUESTIONS FOR THE ENGINEERING REPORT OR THE VIDEO THAT YOU SAW? UH, WE'LL 
          [00:35:01]
HOLD QUESTIONS UNTIL YOU GUYS ARE FINISHED. 
          WHEN YOU'RE FINISHED THEN WE'LL GO QUESTIONS TO MR. VINCENT THEN DO YOU, MR. DENON. 
          GOT IT. 
          SO I WANT YOU, I WANT TO GIVE YOU AMPLE TIME TO GIVE YOUR PRESENTATION. 
          THE ONLY REASON WE ASK QUESTIONS AT THE BEGINNING IS 'CAUSE YOU GAVE US NEW INFORMATION. 
          YEAH. 
          SO MY SUMMARY IS, IS THERE ADEQUATE PARKING FOR THE USES ON SITE? YES, THERE'S NEARLY TWICE AS MUCH PARKING AVAILABLE AS WHAT THEY ARE USING. 
          IS THERE ANY CONCERN REGARDING CONGESTION ON THESE STREETS? A RESOUNDING NO MARKET CENTER AND IRVING BOULEVARD ARE AT OPERATING AT LESS THAN ONE THIRD OF THEIR DESIGN CAPACITY. 
          AND THEN LASTLY, IS THERE ANY SAFETY CONCERN FOR THESE USES? AND THE ANSWER IS NO. 
          THERE'S ADEQUATE QUEUING ON SITE FOR THE VALET. 
          AND AS JONATHAN POINTED OUT, AS A RESULT OF THIS BOARD ADJUSTMENT CASE, WE ACTUALLY GOT CROSSWALKS STRIPED, WHICH IS AN IMPROVEMENT IN PUBLIC SAFETY FOR THE OAKLAWN MARKET CENTER INTERSECTION. 
          THAT'S IT. 
          THANK YOU. 
          THANK YOU VERY MUCH. 
          UM, I'M GONNA GO TO YOU NEXT IN ONE SECOND. 
          MR. KOVICH. 
          UH, MR. VINCENT, UH, YOU WERE CORRECT IN TO A CERTAIN EXTENT YOUR, IN YOUR RECALL OF WHAT THE BOARD'S DECISION WAS WAS LAST JULY. 
          UM, I, SINCE MOST OF US WERE HERE DURING THAT VERY DISCUSSION, UH, IT WAS CONSIDERABLE ANGST ON THE BOARD TO EVEN ALLOW ONE YEAR LOOK, LOOK BACK, UH, IT, IT WAS CONSIDERABLE ANGST. 
          UM, SO IT WAS NOT BY ANY MEANS A SLAM DUNK OR, BUT IT WAS A DECISION DECISION, NOT CELESTE. 
          AND IF, IF I RECALL IT SAYS THAT IT, YOU'RE ASKED TO REAPPEAR AND THEN, UH, THEN A SUBSEQUENT DECISION WE MADE, WHETHER THE SPECIAL EXCEPTIONS MADE PERMANENT VERSUS JUST IS TERMINATES, WHICH IS CUSTOMARY TO A ONE YEAR LOOK BACK, IF I UNDERSTAND OUR PROCEDURES, MR. BOARD ATTORNEYS, THAT NOT CORRECT IF WE DO A ONE YEAR AND, AND THE BOARD DOESN'T ACT IT TERMINATES OR IS CORRECT THE LANGUAGE OF THE MOTION THAT YOU GUYS APPROVED, UH, LAST SUMMER. 
          CHAIRMAN SAID THAT ONCE THE 12 MONTH PERIOD KICKED IN, LET ME, LET ME READ THE EXACT LANGUAGE IF YOU GIMME ONE SECOND, SHARON. 
          MM-HMM . 
          I'M JUST TRYING TO CONVEY TO YOU AS AN APPLICANT AND THE PUBLIC THAT, UH, THE REALITY OF THE DECISION MAKING PROCESS A YEAR AGO WAS THE BOARD REALLY WAS NOT IN FAVOR OF GOING FORWARD WITH IT, BUT MADE THE EFFORT TO SAY, WELL LOOK ONE YEAR FROM THE ISSUANCE OF A CO IN ORDER TO SEE IF THE FACTS CHANGED ON THE GROUND. 
          AND THAT, UM, AND, AND SOME OF YOUR COMMENTS THAT YOU MADE IN YOUR LETTER AS WELL AS ON, ON THE RECORD ABOUT THINKING THAT YOU REALLY SHOULDN'T BE HERE ALREADY BECAUSE THE CEO FOR THE OTHER BUILDINGS WAS ISSUED NOT FOR THE RESTAURANT SINCE THE CEO FOR THE RESTAURANT WAS ISSUED IN MAY. 
          THAT YOU ALMOST IMPLYING THAT THIS IS PREMATURE FOR US TO BE HERE TODAY. 
          BUT I'LL, I'LL GO BACK TO MY BOARD ATTORNEY AND LET HIM THANK YOU, CHAIRMAN. 
          AND NOW THAT I HAVE THE LANGUAGE IN FRONT OF ME, IT SAYS THAT AT THE END OF THE 12 MONTH PERIOD, THE BOARD WILL DO A REASSESSMENT AND FINAL ISSUANCE OF THE SPECIAL EXCEPTION. 
          SO FINAL, FINAL IS ISSUANCE MEANS WHAT? FINAL ISSUANCE MEANS WHETHER OR NOT TO GRANT IT OR NOT ON A PERMANENT BASIS, CORRECT. 
          OR SOMETHING ELSE. 
          OKAY. 
          ALRIGHT, MR. OVITZ, I HAVE SEVERAL QUESTIONS, BUT I'LL GO WITH YOU AND WE'LL GO DOWN THE LIST. 
          THANK YOU. 
          SO, UM, MR. CHAIRMAN, WOULD I BE, WOULD I BE CORRECT TO SAY IF WE, WHEN WE GIVE BASICALLY A 12 MONTH PERIOD TO RE REVISIT SOMETHING THAT WE'RE, UM, MOSTLY EXPECTING THAT THERE'LL BE A YEAR'S WORTH OF EXPERIENCE TO LOOK AT? UH, THAT WAS WHAT IT WAS PREDICATED ON? YES. 
          OKAY. 
          THANK YOU. 
          UM, AND I THINK THE APPLICANT WAS VERY APPRECIATIVE AND ACCEPTING OF THE 12 MONTH CLOCK AT THE TIME THAT THE BOARD MADE THAT DECISION. 
          THANK YOU, MR. VINCENT. 
          THE CERTIFICATE OF OCCUPANCY FOR THE RESTAURANT WAS ISSUED ABOUT TWO MONTHS AGO. 
          SO, UM, YOU'RE, YOU'RE ASKING US TO RECONSIDER BASED ON TWO MONTHS OF EXPERIENCE WITH THE RESTAURANT BEING OPEN, UM, WHILE THE RESTAURANT'S STILL DEVELOPING A REPUTATION, PEOPLE EVEN FINDING OUT THAT'S THERE. 
          SO AFTER TWO MONTHS IT MAY OR MAY NOT BE INDICATIVE OF WHAT THE RESTAURANT WILL BECOME WHEN MORE PEOPLE BECOME AWARE IT'S THERE. 
          WOULD THAT BE A, A FAIR STATEMENT? 
          [00:40:01]
I TAKE YOUR POINT. 
          UM, MR. OVITZ, IF I COULD GIVE YOU A LITTLE BACKGROUND THERE, WE HAD SOME EXTENSIVE DISCUSSION WITH CITY STAFF AND ACTUALLY CITY STAFF EMAILED ME TO NOTIFY ME THAT IN THEIR VIEW IT WAS TIME TO DO THE 12 MONTH REASSESSMENT BECAUSE THEY WERE BASING THAT ON THE NEXT ISSUANCE OF A CO AFTER THE BOARD APPROVAL, NOT FOR THE RESTAURANT, FOR SOME OTHER, I GUESS PRESUMABLY AN OFFICE SHOWROOM WAREHOUSE USE. 
          SO IT WAS ACTUALLY THE STAFF THAT TOLD US THAT THE CLOCK WAS ALMOST UP FOR THE 12 MONTH REASSESSMENT. 
          I, I APPRECIATE THAT. 
          UM, WHICH DOESN'T CHANGE MY QUESTION. 
          DO, DO YOU THINK TWO MONTHS IS INDICATIVE OF, OF WHAT THE RESTAURANT WILL BE WHEN REALLY WORD GETS AROUND THAT IT'S EVEN THERE AS REPUTATION DEVELOPS AND SO FORTH? I I CAN ADD A COMMENT. 
          WHEN I SPOKE WITH THE RESTAURANT MANAGER, THE RESTAURANT WAS FULL, THERE WAS A WAIT FOR TABLES, AND THIS IS AN IMPORTANT POINT TO CONSIDER. 
          WHEN THE CASE WAS APPROVED, IT WAS FOR OVER 12,000 SQUARE FEET OF RESTAURANT. 
          THIS RESTAURANT'S ONE THIRD OF THAT. 
          SO THEY'VE NOT MAXIMIZED THE RESTAURANT PARKING. 
          I BELIEVE THAT'S WHY WE HAVE PLENTY OF PARKING ON SITE. 
          YEAH. 
          AND I I WOULD ALSO NOTE THAT, UM, THE RESTAURANT GOT A FAVORABLE REVIEW IN THE DALLAS MORNING NEWS. 
          UM, SO YOU WOULD THINK, AND TO YOUR POINT MR. OVITZ, THAT YOU WOULD THINK THAT WOULD DRUM UP SOME BUS ADDITIONAL BUSINESS? I I I'M SURE IT DID, BUT STILL IT TAKES TIME FOR REP, FOR RESTAURANT TO BUILD CLIENTELE. 
          YEAH. 
          AND I, YOU KNOW, I'M NOT, FORTUNATELY FOR ME, I'M NOT FAMILIAR WITH THE RESTAURANT BUSINESS. 
          I KNOW IT'S A TOUGH BUSINESS, BUT IT SEEMS LIKE A RESTAURANT THAT GOT A LOT OF BUZZ AND GOT A GOOD REVIEW, THEY WOULD HAVE AN INITIAL BUSY PERIOD THAT MIGHT TAPER OFF. 
          YOU KNOW, IT MIGHT STABILIZE AFTER TIME. 
          I DON'T KNOW. 
          I'M NOT IN BUSINESS. 
          SO, UM, WHEN WE DID THIS, UH, ORIGINAL TEMPORARY APPROVAL, WE, UM, APPROVED THE PROVI PROVISION OF 73 PARKING SPACES. 
          OUR STAFF COUNTED 66 PARKING SPACES WHEN THE, WHEN THE, THE PATIO WAS ADDED AFTER, AFTER THAT. 
          IS THAT CORRECT? I BELIEVE THAT'S CORRECT, YES. 
          WAS THE PATIO BUILT ON AN AREA THAT FORMERLY WAS PARKING SPOTS? DO HOW FOR, FOR, UH, I'M TOLD THAT THERE WERE FOUR PARKING SPACES THAT WERE, OR THREE, SO, SO THEY'RE COUNTING 66, WE APPROVED NO LESS THAN 73. 
          THAT'S CORRECT. 
          MY MATH TELLS ME THAT'S LESS. 
          UM, AND I WAS A MATH MAJOR . 
          UM, SO I'M JUST WONDERING, MAYBE IT'S A QUESTION FOR OUR CHAIRMAN OR OUR, OR OUR, UM, OUR BOARD STAFF. 
          UM, YOU, YOU, YOU HAVEN'T MET THE REQUIREMENTS OF, OF WHAT YOU'RE ASKING US TO NOW CERTIFY AS A PERMANENT, UH, APPROVAL. 
          BUT, BUT YOU DON'T MEET THE REQUIREMENTS OF THAT APPROVAL TO START WITH AT THIS TIME. 
          IF, IF I COULD JUST EXPLAIN A LITTLE BIT ON THAT. 
          UM, I GET WHERE YOU'RE COMING FROM IN TERMS OF THE RAW NUMBERS. 
          UM, THE FACT REMAINS THAT EVEN IF THAT'S THE CASE, THAT THERE IS MUCH MORE THAN AMPLE PARKING THERE. 
          AND THERE ARE OTHER, THE VALETS, BECAUSE IT'S AN ALL VALET OPERATION, THE VALET VALETS CAN PARK CARS IN TANDEM. 
          THEY CAN SQUEEZE MORE CARS INTO, YOU KNOW, A CERTAIN AMOUNT OF SPACE THAN A NORMAL MOTORIST WOULD. 
          UH, THERE ARE OTHER PLACES ON THE LOT, AND THIS IS ALL ONE LOT WHERE THEY CAN PARK CARS. 
          SO, YOU KNOW, THE, THE EXISTING NUMBER ASIDE, AND I DON'T, I'M NOT MINIMIZING YOUR YOUR POINT, I TOTALLY UNDERSTAND. 
          UM, WE STILL FEEL LIKE THERE'S PLENTY OF PARKING AND PLENTY OF OPPORTUNITIES ON THAT LOT TO PARK THESE CARS. 
          IN, IN THE VIDEO THAT WAS SHOWN, UM, IT LOOKED LIKE THAT LOT HAD A LOT OF CARS IN IT. 
          THAT WAS DURING THE DAY. 
          LLOYD, THAT YOUR VIDEO, WERE YOU REFERRING TO MY VIDEO? YES SIR. 
          YOUR VIDEO? IT WAS HALF EMPTY. 
          I'M SAYING WHAT YOU CAN SEE IN THE VIDEO LOOKS LIKE IT'S FULL, FULL CARS IF YOU NO, IT WAS NOT. 
          YEAH, I'M JUST TELLING YOU IT, THERE MAY HAVE BEEN PART OF IT THAT WAS NOT ON THE, ON THE VIDEO. 
          I'M SAYING ON THE VIDEO. 
          OH YEAH, THAT'S ONE. 
          IT'S FULL OF CARS. 
          ONE SPARTA MARKET CENTER HAD SOME CARS, THE VALET HAD PARKED THERE, BUT THERE ARE 30 EMPTY SPACES ALONG, UH, IRVING BOULEVARD IN THE BACK. 
          SO YEAH, THAT'S RIGHT BY THE FRONT DOOR. 
          YOU'RE RIGHT, YOU'RE RIGHT. 
          SO YOU'RE NOT, YOU'RE NOT SEEING THOSE EMPTY SPOTS, IT'S JUST YOUR TESTIMONY THAT THERE ARE EMPTY SPOTS. 
          NO, WE HAVE A PICTURE OF THE EMPTY SPOTS AND SHOWED THAT AT THE SAME TIME JOHN SHOWED THAT AT THE SAME TIME OF DAY. 
          YES, AT THE SAME TIME. 
          YES SIR. 
          YEAH, ACTUALLY WE HAVE TWO DIFFERENT SETS OF PHOTOS. 
          AND, AND I WOULD ADD ALSO WE HAVEN'T GOTTEN ANY COMPLAINTS FROM 
          [00:45:01]
ANY SURROUNDING PROPERTY OWNERS, ANYTHING LIKE THAT. 
          WE, WE HAVEN'T GOTTEN YOU, COULD YOU REPEAT THAT? I MEAN, I, YES, WE HAVE NOT RECEIVED ANY COMPLAINTS ABOUT THE PARKING SITUATION FROM ANYONE, CITIZENS, CITY, ANYBODY NEIGHBORING PROPERTY OWNERS. 
          OKAY, THANK YOU. 
          SO I WOULD ASK MR. CHAIRMAN, UH, WHAT IS THE SITUATION WITH THE, WHAT WE APPROVED ON A TEMPORARY BASIS NOT BEING CURRENTLY, HOW ARE WE IN A POSITION TO APPROVE A FURTHER REDUCTION WITHOUT HAVING BEEN TO, UM, GIVEN THAT IT WAS NOT ADVERTISED AS SUCH? PROBABLY NOT, BUT I'M GONNA LET THE HEARING PROCEED TO GET FACTS IN, IN ORDER. 
          UH, CLEARLY, UM, YOUR POINT, YOUR QUESTION AND THE APPLICANT'S ANSWER AS IT RELATES TO THE DATE OF THE CERTIFICATE OF OCCUPANCY BEING ONLY TWO MONTHS AGO BEGS THE QUESTION WHETHER TWO MONTHS IS ENOUGH TO CREATE TRUE EMPIRICAL DATA, OBJECTIVE DATA, OR IF IT DOES IT REQUIRE SIX MORE MONTHS OR 10 MORE MONTHS. 
          ONE. 
          NUMBER TWO, THE ISSUE OF HOW MANY PARKING SPACES ARE ACTUALLY THERE VERSUS WHAT IS WHAT WAS REQUESTED IN, IN OUR DOCKET. 
          IT SAYS PROVIDE 73 AND THERE'S OBVIOUSLY NOT 73. 
          WE HEARD TESTIMONY THIS MORNING, THERE WAS ONLY 66. 
          SO THESE ARE ALL QUESTIONS FOR US TO DISCERN AND THEN MAKE A DECISION. 
          THANK YOU. 
          HOW'S THAT FOR NOT GIVING YOU AN ANSWER, BUT TELL YOU THAT'S, THAT'S NO WHERE WE'RE HEADED AND, AND OPTIONS YOU'VE ANSWERED. 
          UH, I DON'T HAVE ANYTHING FURTHER RIGHT NOW. 
          OKAY. 
          MS. DAVIS, HOW OFTEN IS THE VALET AT THE PARKING AT, I'M SORRY, HOW OFTEN IS THE VALET AT THE RESTAURANT? I'M SORRY? HOW OFTEN IS THE VALET AT THE RESTAURANT? YES, THE VALET THERE ONLY ON THE WEEKENDS. 
          JUST WONDER WHENEVER THE RESTAURANT IS OPEN. 
          YEAH, DURING, OH, WHENEVER IT'S OPEN, IT'S THERE. 
          YES. 
          OKAY, SO I WANNA GO BACK TO THE PARKING SPACES. 
          SO WE HAD, WE HAD APPROVED 73 AND I SAW IN SOME OF YOUR DOCUMENTATION YOU EVEN MENTIONED 73, BUT THE ACTUAL NUMBER IS ACTUALLY 66, CORRECT? YES. 
          THAT'S OKAY. 
          SO THIS ONE BOARD MEMBER, I AM HAVING TROUBLE BELIEVING YOU. 
          SO WHEN YOU DON'T GIVE US STRAIGHT ANSWERS AND YOU DON'T COME FORWARD AND SAY, HEY, WE KNOW THAT YOU PROVE THIS ONE, BE UPFRONT THAT IT'S NOW THIS NUMBER, YOU KNOW, THAT IS MORE HELPFUL THAN US KIND OF CATCHING YOU IN THAT LIE, WHICH WE DON'T WANNA DO. 
          AND THEN WE ASKED ABOUT THE MEZZANINE SEEDING AND THAT WAS A LITTLE, LITTLE SKETCHY. 
          SO I JUST WANNA SAY, IF, IF YOU'RE NOT UPFRONT WITH US AND HONEST, IT'S VERY HARD FOR US TO BELIEVE ANYTHING THAT, THAT YOU'RE SAYING AND THE TRUST ISN'T THERE. 
          AND THAT, AND, AND WE'RE HERE, WE NEED TO TRUST THAT THERE'S NOT A PARKING ISSUE, THAT IT'S NOT ADVERSELY AFFECTING TRAFFIC, SAFETY, HAZARDS, ET CETERA. 
          SO I'M JUST GOING TO YOUR DELI, IT'S ALL IN YOUR DELIVERY. 
          SO YEAH, SO I CAN ADDRESS LAWYER TO BE HONEST WITH US, NO SNAKE OIL STUFF. 
          GIVE US DIRECT ANSWERS. 
          IF I, IF I CAN ADDRESS THAT. 
          IF I, IF I MAY SAY IN MY OWN DEFENSE, YEAH. 
          FOR A YEAR, I ASSUME THERE WERE 73 SPACES. 
          DO YOU KNOW WHEN I FOUND OUT THERE WERE 66 OR 67 SPACES DURING THIS MORNING'S BRIEFING? WELL, BUT THAT'S YOUR BURDEN. 
          YOU REPRESENT THE CLIENT THAT'S LIKE, THAT'S LIKE, YOU KNOW, I'M GONNA PULL MY HAIR OUT. 
          I'M GONNA INTERRUPT FOR A SECOND. 
          WE'VE HAD SO MANY CASES WHERE A HOMEOWNER OR A PROPERTY OR COMES AND SAYS, IT WAS MY CONTRACTOR. 
          IT WAS MY CONTRACTOR. 
          AND WE GO, WELL WHO ARE WE LISTENING TO? THE OWNER, THE REPRESENTATIVE. 
          IT'S SUPPOSED TO BE THE SAME STORY. 
          WHEN YOU OR MR. DENMAN COME OR ANY OF THESE OTHER GENTLEMEN OR LADIES THAT ARE HERE AND TESTIFY, YOU GET SWORN IN BY THE BOARD SECRETARY AND IT'S SUPPOSED TO BE ABOUT FACTS. 
          AND FOR YOU TO TELL US , OH MR. VINCENT, FOR YOU TO TELL US THAT YOU THOUGHT OF A 73 HOUR LOG UNTIL THIS MORNING. 
          WE'RE NOT SUPPOSED TO BE THE ONES THAT PRODUCE FACTS. 
          THAT'S WHAT THE APPLICANTS REMEMBER, BURDEN OF PROOF IS ON THE APPLICANT. 
          SO TO ADDRESS THE FACTS THAT I PRESENTED IN MY REPORT, I COUNTED 32 OPEN SPACES AND THERE WERE 32 OPEN SPACES. 
          THE AREA THAT GOT TAKEN UP BY THE OUTDOOR PATIO IS OF SHORTER DISTANCE THAN AREA OF STILL AVAILABLE TO THE VALET IN FRONT OF THE LOADING DOCKS. 
          YOU ALSO SAID OF 73 AVAILABLE AND THERE'S NOT 73. 
          SO FOR THE VALET THERE ARE, OKAY, SO, WELL, I DON'T KNOW WHICH NUMBER TO LOOK AT. 
          YOUR, YOUR, YOUR PARTNER IN CRIME OVER HERE SAID IT WAS 66 NOW, RIGHT? WE HEARD FROM THE STAFF IT WAS 66, YOUR REPORT AS 73, WHICH IS IT? WELL, I I DIDN'T SAY IT WAS 66. 
          THAT'S WHAT I HEARD IN THE BRIEF. 
          NO, I COUNTED 66 DURING LUNCH TODAY STRIPED, BUT VALET DOES NOT ALWAYS GO BY THE STRIPED PLACES AND THEY, THERE'S PLENTY OF PARKING FOR THE VALET TO SQUEEZE IN EXTRA CARS. 
          IT WAS NEEDED IF OUR PROFESSIONAL STAFF WOULD SAY A PARKING SPACE IS STRIPED. 
          YES. 
          YES. 
          SO WHEN YOU JUST SAID YOU DELINEATED BETWEEN STRIPED AND UNTRIED. 
          WELL, FOR THIS IT'S MORE THAN 66, BUT THERE'S ONLY 
          [00:50:01]
66 STRIPED. 
          I MEAN COME ON GUYS. 
          WE'RE ALL PRIVATE CITIZENS THAT COME AND VOLUNTEER ONCE A MONTH AND TRY TO DEDUCE FACTS PRESENTED BY APPLICANTS AND THEY'RE EXPERTS. 
          THERE WERE 32 OPEN SPACES ON SITE AVAILABLE ON A SATURDAY NIGHT, IT SAYS OF 73 AVAILABLE AND THERE WAS ROOM FOR MANY MORE CARS. 
          OKAY? YES. 
          AND YOUR PREVIOUS APPLICATION SAID 73 SPACES, CORRECT? RIGHT. 
          AND THERE'S NOT 73 STRIPED SPACES. 
          I'M SORRY MS. DAVIS. 
          YOU WERE, YOU WERE. 
          OKAY. 
          UM, ALRIGHT, SO I DON'T KNOW WHO TO ASK THIS QUESTION, BUT I'LL START WITH MR. VINCENT. 
          IN THE DOCUMENTS THAT WERE PRESENTED TO THE BOARD LAST JULY, AND AGAIN TODAY, IT SHOWS A SQUARE FOOTAGE FOR THE RESTAURANT SPACE OF 12,600, CORRECT? YES. 
          YET YOU GAVE US THIS MORNING AT THE BEGINNING OF OUR HEARING A CERTIFICATE OCCUPANCY FOR 4,255 SQUARE FEET. 
          WHICH ONE IS IT? 12 12 6 OR 12 4,055. 
          CURRENT RESTAURANT USAGE WOULD BE THE 4,000. 
          THEN WHY DID YOU PRESENT TO US IN THE DOCKET SUBMITTED AND ON THE RECORD AND POSTED RESTAURANT? 12,600 IN OUR ORIGINAL, NO, IN WHAT'S IN HIS REPORT DATED JUNE 23RD, 26. 
          WELL THAT'S WHAT'S, WOW. 
          12,600 SQUARE FEET RESTAURANT. 
          THAT'S WHAT WOULD BE ALLOWABLE UNDER THE 2025 APPROVAL. 
          WHICH IS NOT NECESSARILY BUT, BUT YOU'RE, YOU'RE OKAY. 
          WAIT A MINUTE. 
          WAIT A MINUTE. 
          YOU'RE SAYING THE CEO YOU GAVE US SAID 4,255, RIGHT? THERE'S A MEZZANINE THAT YOU'RE SAYING DON'T COUNT. 
          OKAY. 
          AND IN THE REPORT PROVIDED BY MR. DENMAN, IT SAYS 12,600. 
          SO I'M CONFUSED OR WE SHOULD USE 12,600 AS THE BASELINE OR SHOULD WE USE 4,255? WHICH DO WE BELIEVE THE ORIGINAL REQUEST WAS UP TO 2000 SQUARE FEET OF RESTAURANT, WHICH WOULD INCLUDE THE BILL? NO, 12,600, WHICH WOULD INCLUDE, YOU'RE AN ENGINEER. 
          WE, YOU'D BE PRECISE. 
          REMEMBER WHEN WE GRANT A SPECIAL EXCEPTION, IT'S FOR THE PROPERTY, NOT THE PROPERTY USE OR NOT, NOT THE USER OR THE OWNER. 
          IT'S FOR THE PROPERTY. 
          SO I HAVE TO LOOK BEYOND YOU TWO GENTLEMEN THAT ARE HERE AND LOOK TO THE PROPERTY. 
          'CAUSE WE'RE TALKING ABOUT LAND USE RIGHTS. 
          OKAY? WHAT YOU PROVIDED BEFORE WAS 12,600 ON YOUR JUNE REPORT, IT SAYS ON YOUR JUNE 23RD, 2026 REPORT, 12,600, BUT YET THE CO IS 43 25. 
          42 55. 
          SO WHAT'S THE DIFFERENCE THE OWNER WOULD'VE HAD, WOULD HAVE THE OPTION IN THE FUTURE TO CONVERT THE VILLA HOUSE, WHICH IS THE SHOWROOM TO THE WEST TO RESTAURANT IF THEY DESIRE, THIS WAS THE FIRST RESTAURANT TO BE USED. 
          THEY DID NOT HAVE TO MAXIMIZE THE RESTAURANT USE IN THEIR SPACE. 
          SO WE SHOULD IGNORE YOUR REPORT THAT SHOWS THE DELINEATION BETWEEN RESTAURANT AND OFFICE SHOWROOM. 
          'CAUSE THAT'S WHAT I LOOKED AT. 
          THAT'S THE ULTIMATE BUILD OUT. 
          DOES IT SAY THAT TO MAXIMIZE, DOES IT SAY THATS THE ULTIMATE BUILD OUT THAT TO A HEARING? WE, WE DID. 
          YEAH. 
          I MEAN THAT, THAT'S THE MAXIMUM. 
          AND WE EVEN DISCUSSED AT THE HEARING THAT THE SPECIFIC LOCATIONS OF THE USES WERE NOT, UH, BOUND TO THOSE SUBMITTED SITE PLANS THAT, YOU KNOW, FOR EXAMPLE, A RESTAURANT USE COULD LOCATE ANYWHERE WITHIN THAT PARTICULAR BUILDING. 
          OKAY, WELL YOU'VE GOT THIS ONE MEMBER CONFUSED. 
          OKAY, SO MR. HKA HAS ASKED YOU THE QUESTION ABOUT WHETHER THERE WAS SUFFICIENT TIME BETWEEN, FIRST OF ALL, I'M GLAD YOU'RE HERE TODAY. 
          I UNDERSTAND THERE'S A DISAGREEMENT BETWEEN YOU AS THE APPLICANT AND THE STAFF AS IT RELATES TO WHEN THE ONE YEAR CLOCK BEGINS OR NOT. 
          I AGREE WITH THE STAFF'S INTERPRETATION. 
          I'M SAYING THAT ON THE RECORD. 
          UM, ONE OPTION FOR US IS TO RESET THE TIME PERIOD AND DO IT FROM A YEAR FROM MAY 18TH BECAUSE THAT GIVES US A 12 MONTH TIME PERIOD. 
          THAT'S AN OPTION. 
          UM, TALK TO ME ABOUT THE SIGNAGE ON THE ENTIRE PROPERTY. 
          THERE'S PARKING SIGNS AT EVERY PARKING SPACE, DELINEATING PARKING FOR 1201, DELINEATING FOR, I CAN'T REMEMBER WHAT DID YOU SAY? INTERIOR SPACES. 
          INTERIOR SPACES. 
          AND THEN ANOTHER ONE. 
          THERE'S THREE DIFFERENT, AND IT, AND IT ALSO HAS VERY THREATENING LANGUAGE SAYING TOWING WILL BE INCURRED IF YOU PARK HERE. 
          TELL ME ABOUT THOSE PARKING SIGNS VIS-A-VIS YOUR REQUEST FOR 73 OR 66 OPEN SPACES. 
          RIGHT. 
          OKAY. 
          UM, BEEN DOING THIS FOR A WHILE, AS YOU KNOW. 
          UM, SO HAVE WE YES, YOU HAVE . 
          UM, MY UNDERSTANDING HAS ALWAYS BEEN THAT WHAT THE CITY LOOKS AT IS DO YOU HAVE SUFFICIENT CODE PARKING ON YOUR LOT FOR WHATEVER YOUR COMBINATION OF USES IS? AND AN ILLUSTRATION WOULD BE, FOR EXAMPLE, ANY SHOPPING, ANY RETAIL CENTER, UM, ANY MIXED USE PROJECT, 
          [00:55:01]
YOU ADD THE PARKING REQUIREMENTS TOGETHER, THAT'S YOUR CODE PARKING REQUIREMENT, WHICH UNLESS YOU HAVE SPECIAL PARKING, SHOULD BE PROVIDED ON YOUR LOT, YOUR CODE REQUIRED PARKING. 
          ONCE YOU'VE DONE THAT AND YOU'RE ABLE TO GET YOUR COS AND BE UP AND RUNNING, THE LANDLORD AT THAT POINT CAN IMPLEMENT SIGNAGE, UM, YOU KNOW, PARKING FOR A CERTAIN USER, UH, THINGS LIKE THAT. 
          UM, MR. DENMAN MAY WANT TO ADDRESS THAT TOO. 
          BUT I, AS FAR AS I'M, MY UNDERSTANDING IS THAT THAT IS TOTALLY LEGAL. 
          THAT'S A MATTER OF WHAT GOES ON ON THE PRIVATE PROPERTY. 
          BUT WHAT YOU TESTIFIED TO LAST YEAR AND AGAIN TODAY IS YOU'VE GOT, I GUESS IT'S NOW 66 SPACES AND THAT'S FOR THE ENTIRE PROPERTY THAT'S AND CORRECT. 
          AND YET THERE'S SIGNAGE THAT IS SPACE SPECIFIC WITH THREATS OF TOWING. 
          NOW WE HAD THE LITTLE COL LITTLE DISCUSSION THIS MORNING ABOUT WHETHER IT CAN BE TOWED OR NOT AND SO FORTH, BUT THE AVERAGE CITIZEN OUT THERE DOESN'T KNOW HOW TO INTERPRET THAT OR NOT. 
          SO IT OFFENDS ME THAT YOU HAVE LANGUAGE THAT SAYS ONE THING, BUT THE ORDINANCE IN THE STATE LAWS ARE DIFFERENT. 
          BUT HOW DO YOU, ANOTHER WORDS, WHY DO YOU HAVE THAT SITE SPECIFIC PARKING WHEN YOU'RE HERE FOR ZONING REQUESTS AND YOU'RE SAYING WE USE IT ALL. 
          WELL, THAT, THAT'S EXACTLY THE DISTINCTION BETWEEN WHAT THE CITY CONSIDERS CODE REQUIRED PARKING, WHICH, YOU KNOW, THE NUMBER WAS ADJUSTED PURSUANT TO OUR SPECIAL EXCEPTION. 
          THAT THAT'S THE GROSS NUMBER OF PARKING SPACES TO BE PROVIDED ON THAT LOT FOR WHATEVER COMBINATION OF USES, YOU KNOW, RESTAURANT OFFICE, OFFICE SHOWROOM ARE PRESENT ON THAT LOT VERSUS WHATEVER THE LANDLORD AND THE TENANTS WORK OUT IN TERMS OF, YOU KNOW, OKAY. 
          UM, DRY CLEANERS, YOU GET TO PAINT THE WHEEL STOPS, THREE OF THESE STOPS IN FRONT OF YOUR STORE. 
          DRY CLEANERS ONLY. 
          YOU SEE THAT ALL OVER THE CITY. 
          I MEAN, THAT IS VERY COMMON IN, UM, RETAIL RESCUE ENVIRONMENTS. 
          PARKING SPECIAL EXCEPTIONS AREN'T ALL OVER THE CITY. 
          THEY, THEY, THEY MEET THE CODE AND THE CODE IS EITHER WITHIN THE PD OR BASELINE ZONING. 
          THE CITY COUNCIL AND THEIR WISDOM CHANGED THE BASELINE ZONING, BUT THEY DIDN'T CHANGE IT IN PD 6 21, PD 60 21, STILL PARKING RATIOS HOLD. 
          SO, CORRECT. 
          SO PD 6 21 ALLOWS YOU TO, UNLIKE THE NORMAL CHAPTER 51 A, WHICH SETS A 25% THRESHOLD FOR SPECIAL EXCEPTIONS, ONE THING PD 6 21 DOES IS ALLOW A 50% THRESHOLD FOR SPECIAL EXCEPTIONS. 
          AND AGAIN, THE, THE, THE SPECIAL EXCEPT, WELL YOUR ORIGINAL REQUEST WAS 46%, CORRECT? THAT'S CORRECT. 
          SO WE'RE WITHIN THE 50% THAT, THAT NUMBER THAT WAS GRANTED WAS, THAT'S A GROSS PARKING SUPPLY FOR WHATEVER COMBINATION OF USES GRANTED WITHIN THE USES ALLOWED WITH A SPECIAL EXCEPTION. 
          SO AS LONG AS YOU HAVE THAT NUMBER OF SPACES ON YOUR LOT, WHATEVER COMBINATION OF USES, ALLOWABLE USES YOU HAVE THERE CAN USE THAT AGGREGATE PARKING SUPPLY, YOU KNOW, WHATEVER THE LANDLORD AND THE TENANT, YOU KNOW, IT'S LIKE A LOT OF THINGS IN LANDLORD TENANT RELATIONSHIPS, YOU KNOW, THERE ARE TENANT IMPROVEMENTS, THERE ARE THINGS LIKE THAT. 
          IT'S SOMETHING ONCE AS FAR AS THE CITY IS CONCERNED, IF YOU'VE GOT THE REQUIRED NUMBER OF GROSS TOTAL SPACES, YOU'RE GOOD. 
          THE CITY DOESN'T, IN MY EXPERIENCE, THE CITY, I'M NOT GONNA SPEAK FOR THE CITY, BUT I'VE NEVER UNDERSTOOD THEM TO CARE. 
          WE'RE, WE'RE NOT TALKING ABOUT THE CITY, WE'RE TALKING ABOUT YOUR REQUEST TO HAVE A SPECIAL EXCEPTION TO HAVE 46% LESS PARKING THAN THE CODE REQUIRES. 
          RIGHT? THAT'S WHAT THIS IS ALL ABOUT. 
          RIGHT? A 46% REDUCTION. 
          RIGHT. 
          AND I GUESS I, 46% GETS MY ATTENTION, RIGHT? 10%, 15%. 
          OKAY, THAT'S ON THE EDGES. 
          46%. 
          SO THAT'S WHAT'S IN, IN FRONT OF US. 
          NOW WHAT OTHER QUESTIONS DO WE HAVE? MR. HOP? I NEED Y'ALL TO HELP ME OUT HERE. 
          WE APPROVED 73 SPACES FOR, FOR A PROPERTY THAT ON THE SCHEMATIC DID THEN AND STILL DOES HAVE OVER 12,000 SQUARE FEET DEDICATED TO RESTAURANT SPACE. 
          SO, AND YOU'RE USING ABOUT A THIRD OF THAT RIGHT NOW. 
          SO YOU COULD HAVE TWO MORE OF THESE RESTAURANTS IN THAT SPACE ROUGHLY. 
          YEAH. 
          WITH ONLY ONE, ONE THIRD OF IT BEING USED, YOU HAD 32 SPACES OPEN, YOU SAY. 
          SO YOU WERE USING MORE THAN HALF OF WHAT'S THERE NOW FOR A THIRD OF THE SPACE THAT'S BEING USED FOR RESTAURANT. 
          IF WE GO ALONG WITH YOUR REQUEST AT THIS TIME, A WEEK FROM NOW, YOU COULD ADD TWO MORE RESTAURANTS THERE IN THAT SPACE AND YOU'RE LOCKED INTO THAT NUMBER OF PARKING SPOTS. 
          THAT, WOULD THAT BE THE WAY IT WOULD WORK? 
          [01:00:03]
I BELIEVE THAT'S CORRECT. 
          POTENTIALLY. 
          SO, SO YOU'VE GOT THIS MUCH SPACE FOR RESTAURANTS, WHICH YOU COULD OPEN AT ANY TIME YOU WANTED TO. 
          UH, AND YOU'RE PRESENTING US WITH PARKING ESTIMATES BASED ON A USE OF A THIRD OF THAT, WHAT YOU'RE USING BASED ON A THIRD OF THAT, I'M NOT SURE I SEE THE RELEVANCE OF HOW MANY SPACES YOU ARE USING FOR 4,200 SQUARE FEET WHEN YOU CAN ADD ANOTHER TWO OF THOSE DOWN THE ROAD AND NOT HAVE TO ADD ANY MORE SPACES. 
          I THINK THE GOAL WOULD BE TO OPTIMIZE OR BALANCE YOUR PARKING. 
          AND IF THE OWNER DECIDED TO EXPAND THE RESTAURANT USE TO MAXIMIZE WHAT PARKING IS AVAILABLE, THAT WOULD MAKE SENSE. 
          IF THE OWNER WANTED TO TRIPLE DOWN, MAYBE THAT WOULD NOT MAKE SENSE. 
          YOU KNOW, THE, THE WHOLE GOAL IS TO BALANCE YOUR AVAILABLE PARKING. 
          WHAT WE SEE TODAY IS AN OVERABUNDANCE OF AVAILABLE PARKING FOR THE USES THAT ARE THERE TODAY. 
          OKAY. 
          BUT THAT'S NOT WHAT WE WERE ASKED TO APPROVE BEFORE AND THAT'S NOT WHAT WE WERE BEING ASKED TO APPROVE TODAY. 
          NOT, NOT WHAT YOU'RE USING IT FOR TODAY. 
          IT'S FOR THE APPROVED USE, WHICH IS 12,000 PLUS SQUARE FEET. 
          A RE PROVE. 
          WE'RE PRESENTING THE EMPIRICAL EVIDENCE OF WHAT'S THERE TODAY, NOT WHAT COULD BE THERE. 
          THAT'S, THAT'S A VALID POINT. 
          AND YOU KNOW, THAT'S THE, THAT'S THE UNFORTUNATE THING ABOUT PARKING STUDIES IS THE BEST EVIDENCE. 
          IT'S A, IT'S A GUESS. 
          IT'S, IT'S A GUESS. 
          AND YOU'RE IN A WORTHY PROFESSION AND YOU'RE, UH, I ASSUME YOU'RE A CIVIL ENGINEER WITH AN INSIGNIA AND THE WHOLE DEAL. 
          I RESPECT THAT. 
          BUT IT'S LIKE BEST. 
          I MEAN, REALLY THE, THE ANALOGY HE TOOK YOU THROUGH IS VERY SPOT ON. 
          YES. 
          YES. 
          BECAUSE YOU'RE ASKING FOR A PARKING EQUATION FOR A THIRD OF THE SPACE, AND YET IF YOU DOUBLED YOUR THIRD TO TWO THIRDS OF THE SPACE, DOES THAT RELATIONSHIP HOLD? PROBABLY NOT. 
          BUT WE DON'T KNOW. 
          SO I CAN'T BE AGAINST THAT. 
          BUT HIS ANALOGY ANALYSIS REALLY HOLDS, SORRY TO INTERRUPT. 
          YEAH. 
          MR. VEZ. 
          I WAS DONE. 
          MS. DAVIS, WHAT ARE THE PLANS FOR THAT OTHER RESTAURANT SPACE? I AM NOT AWARE OF ANY SPECIFIC PLANS. 
          OKAY. 
          AT THIS TIME. 
          SO I, I'M GOING TO ASK A QUESTION, I GUESS TO THE PANEL. 
          IT'S A SUGGESTION THAT WE HOLD THIS OVER FOR VARIOUS REASONS. 
          I, I THINK WE SHOULD DO, I THINK Y'ALL NEED A DO OVER ON THIS BECAUSE YOU CAME TO US TODAY, YOU WEREN'T FORTHRIGHT ABOUT THE PARKING SPACES. 
          WE'RE, WE'RE NOT SEEING A LOT OF CONFIDENCE IN YOUR ANSWERS. 
          YOU DIDN'T KNOW THE MEZZANINE, YOU DON'T KNOW WHAT'S GOING ON WITH THE RESTAURANT. 
          THERE'S A LOT OF THINGS THAT YOU CAN'T ANSWER. 
          SO I WOULD SUGGEST TO THE CHAIRMAN TO PUSH THIS BACK SO WE COULD GET A TRUER, TRUER FEEL FOR THE TRAFFIC AND GIVE YOU THE OPPORTUNITY TO COME BACK AND NOT TRY TO SNOW US AT ALL. 
          BECAUSE YOU HAVE TO UNDERSTAND, WE'VE BEEN ON THIS BOARD FOR A LONG TIME AND WHEN SOMEONE COMES IN AND THEY'RE NOT SINCERE AND THEY'RE NOT HONEST, WE SPOT IT IMMEDIATELY AND IMMEDIATELY THAT DISCREDITS YOU. 
          AND THIS IS ALL ABOUT US TRUSTING YOU, THAT THERE IS ENOUGH PARKING AND WE CAN'T TRUST YOU AT THIS POINT. 
          SO I'M GONNA ASK YOU BOTH IF IT IS PUSHED BACK TO PLEASE, PLEASE, PLEASE BE SINCERE. 
          PLEASE BE UPFRONT, ANSWER OUR QUESTIONS. 
          'CAUSE IF WE DO THIS AGAIN AND I GET THE SAME ANSWERS I'M NOT TRUSTING YOU AND I'M LIKELY NOT GONNA SUPPORT THIS, AND YOU NEED OUR SUPPORT FOR THIS TO, TO MOVE FORWARD. 
          SO THAT IS MY SUGGESTION TO THE CHAIRMAN, TO EVERYONE, BECAUSE I DON'T THINK THIS IS GONNA BE PASSED TODAY. 
          THANK YOU, MS. DAVIS. 
          WHAT ARE THE QUESTIONS? I'M, I'M PONDERING THAT SUGGESTION. 
          MS. DAVIS. 
          CAN I ADDRESS THAT STATEMENT? SURE. 
          UM, I, I DON'T, I DON'T THINK 30 DAYS OR 60 DAYS IS GONNA ANSWER THE POINT THAT I WAS MAKING ABOUT THE OTHER TWO THIRDS OF THE SPACE. 
          SO THAT'S NOT GONNA CHANGE MY MIND. 
          WAITING FOR THAT. 
          IF, IF, IF I MAY, MR. CHAIR. 
          MM-HMM . 
          I TAKE MS. DAVIS'S POINT. 
          I, I WOULD JUST SAY AS A POINT OF PERSONAL PRIVILEGE, I'M, I CAN ONLY OPERATE ON BEST INFORMATION I HAVE. 
          SO I CAN ASSURE YOU THERE WAS NO INTENT TO MISLEAD. 
          HOPE YOU ACCEPT THAT. 
          UM, TO MR. KO'S POINT, I UNDERSTAND THAT ADDITIONAL TIME MAY YIELD ADDITIONAL DATA THAT MIGHT BE VALUABLE TO EVERYBODY. 
          SO, UM, I'M PRETTY GOOD AT DETERMINING WHICH WAY THE WIND IS BLOWING. 
          UM, I THINK THAT, UM, THAT'S A GOOD SUGGESTION THAT THE AMOUNT OF TIME THAT'S WITHIN YOUR DISCRETION, BUT, YOU KNOW, I, 30 TO 60 DAYS, I, I KIND OF TAKE MR. HOFF'S POINT THAT MAYBE THAT'S NOT ESPECIALLY USEFUL. 
          SO MAYBE SOMETHING LONGER THAN THAT. 
          I, I WOULD RATHER DO THAT, COME BACK AND IT'S ALL 
          [01:05:01]
BE ON THE SAME PAGE WITH GOOD INFORMATION AND AT THAT POINT IT'S UP TO YOU ALL. 
          BUT, UM, OKAY. 
          THANK YOU. 
          UM, I'D LIKE THE BOARD ATTORNEY TO, UH, INFORM THE BOARD ABOUT CALCULATION THE REQUEST VERSUS WHAT, WHAT PD, UM, 6 21 ALLOWS. 
          THANK YOU, CHAIRMAN. 
          SO ASSUMING IT'S THE FULL 12,600 SQUARE FOOT PARK OR SQUARE FOOT RESTAURANT, UM, AND THERE ARE IN FACT ONLY 66 PARKING SPACES PROVIDED ON THE SITE, THAT WOULD BE A 69, UH, SPECIAL EXCEPTION FOR 69 PARKING SPACES. 
          BUT THE PD ONLY ALLOWS THE BOARD TO GRANT A 50%, UH, REDUCTION IN THE PARKING SPACES BY MY BACK OF THE ENVELOPE. 
          MATH 69 PARKING SPACES WOULD BE A 51%, UM, DECREASE. 
          SO THAT WOULD NOT BE SOMETHING YOU COULD GRANT. 
          AGAIN, MY BACK OF THE ENVELOPE MATH SUGGESTS THAT THERE WOULD HAVE TO BE 68 PARKING SPACES ON THE SITE AND THAT YOU COULD GRANT A SPECIAL EXCEPTION FOR 67 PARKING SPACES TO BE BELOW THAT 50% THRESHOLD. 
          SO, OKAY. 
          UM, ALRIGHT. 
          I'M, I'M PARTIAL TO MS. DAVIS'S OBSERVATION. 
          UM, UM, MY PROBLEM IS WE'RE SWIMMING IN NUMBERS THAT DON'T TIE TOGETHER. 
          UH, MY PROBLEM IS THAT WHAT WE SEE AND WHAT WE HEAR ARE NOT TYING TOGETHER. 
          UM, I HEAR WHAT YOU'RE SAYING ABOUT CODE-BASED PARKING, BUT I'M SEEING, I'M SAYING THE PRACTICAL EFFECTS OF WHAT WE'RE TRYING TO DO IS TO CREATE, TO DETERMINE WHETHER A SPECIAL EXCEPTION CREATES TRAFFIC HAZARD CONGESTION AND, UM, UNIQUE TO THIS PROPERTY. 
          AND WHAT MAKES IT UNIQUE TO THE PROPERTY IS THE NUMBER OF PARKING SPACES AND THE TRAFFIC FLOW AND THE SURROUNDING AREA. 
          THAT'S, THOSE ARE THE ELEMENTS. 
          IN ORDER TO DEDUCE THAT, YOU HAVE TO GET TO FACTS AND HEARING THIS, WELL, IT'S 12,600, BUT WE'RE ONLY USING, UH, 4,000 2 55. 
          WELL, UM, SO I, I, I CAN'T, I KNOW FOR MYSELF, I CAN'T SUPPORT MOVING FORWARD WITH THIS AS PRESENTED. 
          THAT'S JUST ONE, ONE POSITION. 
          WHETHER OR NOT WE POSTPONE THIS OR NOT, OR CONTINUE THIS AND ASK FOR SIX MORE MONTHS OF, UM, OF DATA AND HAVE IT COME BACK, I'D ALMOST PREFER JUST TO DENY IT AND HAVE 'EM START CLEAN BECAUSE THERE'S TOO MUCH MISDIRECTION OF FACTS. 
          BUT TO DENY IT, IF WE DENIED IT, THEY COULDN'T OPERATE THE BUSINESS, COULD THEY? BECAUSE, BECAUSE THEN THE UNDERLYING PARKING, THEY'RE IN VIOLATION OF THE PARKING REQUIREMENT, REVERTS ALL BACK TO BASE ZONING. 
          THE CERTIFICATE OF OCCUPANCY THAT THEY HAVE IS FOR THE 42 55, THE 4,255 SQUARE FOOT NUMBER. 
          AND IF YOU DO THAT MATH, IT'S ABOUT 40 PARKING SPACES FOR THE RESTAURANT. 
          IF THEY WANT TO MAXIMIZE THE FULL 12,600 SQUARE FEET, THEY WOULD NEED THE SPECIAL EXCEPTION. 
          BUT MS. BARUM CAN CORRECT ME, BUT I THINK THAT THEY, WHICH IS THAT, UH, WHILE THEY'RE CALCULATING THIS, IT SAYS ON YOUR CO THAT THE MEZZANINE IS DESIGNED FOR 57 PEOPLE. 
          IT SAYS LOAD OCCUPANT LOAD FIRST FLOOR 231 MEZZANINE, MEZZANINE 57. 
          I DON'T KNOW THE SOURCE OF THAT. 
          I DON'T KNOW IF IT'S A FIRE DEPARTMENT OCCUPANCY. 
          I I DON'T GO GET COS SO, OKAY. 
          I'M JUST, I DON'T KNOW WHERE THAT COMES FROM. 
          ANOTHER, ANOTHER NUMBER THAT DOESN'T TIE AND IT'S LIKE, OKAY, WAIT A MINUTE. 
          YOU SAID IT'S FOR MUSICIANS NOT SEEDING, BUT YET, OKAY. 
          SO, SO, MR. BOARD ATTORNEY, MY QUESTION FOR YOU IS WHAT ARE THE OPTIONS OF THE BOARD HAS GIVEN THAT THIS IS PRESENTED BEFORE US? 'CAUSE I DON'T THINK THERE'S FOUR VOTES TO APPROVE THIS. 
          I'M, I CAN'T SPEAK FOR THE BOARD, BUT I CAN COUNT. 
          YOU COULD OF COURSE DENY IT. 
          YES. 
          YOU COULD HOLD IT OVER, HOLD IT OVER FOR WHATEVER PERIOD WE WANT. 
          WE COULD HOLD OVER FOR A MONTH, SIX MONTHS OR 10 MONTHS OR CORRECT TO A DATE CERTAIN. 
          YOU COULD HOLD IT OVER TO A DATE CERTAIN YOU COULD APPROVE WHAT, OR YOU COULD, I GUESS RATIFY 
          [01:10:01]
FINALLY APPROVE WHAT YOU DID LAST SUMMER, WHICH IS THE APPLICANT PROVIDING 73 PARKING SPACES, WHICH IS THE 62 PARKING SPACE REDUCTION. 
          BUT IT SOUNDS LIKE FROM THE CONVERSATION, THAT'S NOT WHAT'S ACTUALLY ON THE SITE TODAY. 
          CORRECT. 
          SO I WE COULDN'T DO THAT. 
          RIGHT. 
          THEY, THEY'VE TESTIFIED THERE'S ONLY 66, YOU COULD GRANT THE 62 REDUCTION AND THEY WOULD HAVE TO COME UP WITH THE DOING MATH IN PUBLIC, THE SEVEN ADDITIONAL PARKING SPACES SOMEHOW. 
          HOW DO YOU COME UP WITH SEVEN PARKING SPACES? I, I REDUCE YOU COULD REDUCE YOUR SQUARE FOOTAGE. 
          YOU COULD OKAY. 
          ADD MORE PARKING. 
          YEAH. 
          OKAY. 
          ALRIGHT. 
          IF, WHAT'S THE PRACTICAL EFFECTS IF WE DENIED THE REQUEST? THAT'S WHAT MS. BARQUE AND I WERE JUST DISCUSSING. 
          DO YOU NEED TO DISCUSS FURTHER? DO YOU NEED TO TAKE A RECESS FOR, YOU CAN DISCUSS IT OR ARE YOU READY TO TELL US? I WOULD LIKE TO CONFER WITH MR. VINCENT AND GET HIS THOUGHTS IF THAT'S AVAILABLE. 
          WHAT WITH THE APPLICANT, JUST TO MAKE SURE THAT WE DID THE MATH CORRECTLY. 
          NO, THAT WAS NOT MY QUESTION. 
          MY QUESTION WAS WHAT'S THE PRACTICAL EFFECT IF THE BOARD DENIES THE REQUEST? IF THE BOARD DENIES THE REQUEST, ALL THE, YOU WOULD HAVE, THE APPLICANT WOULD HAVE TO PROVIDE THE REQUIRED PARKING BASED ON THEIR SQUARE FOOTAGE AND THEIR USES. 
          AND IS THE SQUARE FOOTAGE THAT THEY CALCULATE THAT ON 42 55 OR 12,600, YOU WOULD CALCULATE IT BASED ON THE CERTIFICATE OF OCCUPANCY, WHICH IS THE 42 55 FIGURE. 
          SO WHY ARE WE EVEN TALKING ABOUT 12,600? IT'S MY UNDERSTANDING THAT AS, UM, MR. DENMAN WAS SUGGESTING THAT LAST SUMMER THE APPLICANT WAS TRYING TO DO THE ENTIRE SITE AS A RESTAURANT. 
          I GUESS THIS PARTICULAR RESTAURANT ONLY CHOSE THE 42 55 FIGURE TO ACTUALLY OCCUPY THAT AREA. 
          SO WHAT'S RELEVANCE, WHAT IS, IS THERE ANY RELEVANCE TO 12,600? IT WAS THE MAXIMUM RESTAURANT USE FOR THE SITE AT ULTIMATE BUILD OUT OR CAPACITY, IF THAT'S WHAT THE OWNER EVER WANTED. 
          THE IDEA REALLY IS TO BALANCE YOUR PARKING SO TO MR. HOPKOS. 
          WELL, ACCORDING, ACCORDING TO CODE MR. DENMAN, ACCORDING TO CODE, ACCORDING TO WHAT THE CITY ORDINANCE REQUIRES, THAT'S WHAT, THAT'S WHAT, THAT'S THE MINIMUM TO MEET THE CITY CODE OTHERWISE COME TO A SPECIAL EXCEPTION. 
          SO ALL THE REST IS MASSAGING. 
          SO WE'RE BOUNDED BY WHAT THE CODE SAYS AND THE CODE SAYS, UH, WE, WE DEFAULT TO PD 6 21 AND WHAT THEIR PARKING REQUIREMENT IS. 
          AND THE DRIVER IN THAT CODE IS RESTAURANT? YES. 
          AND IS THAT ONE FOR 200? IS IT ONE 50? IT IT MIGHT BE SOMETHING DIFFERENT FROM PD 6 21 5. 
          YEAH. 
          YEAH. 
          IT'S REALLY, IT'S, IT'S TIGHT. 
          AND SO WE SEE WITH 4,500 SQUARE FEET OF RESTAURANT AMPLE PARKING. 
          OKAY. 
          WOULD THAT, SO BACK TO MY QUESTION, COULD THAT DOUBLE HAVE BACK TO MY QUESTION, MR. BOARD ATTORNEY, DO YOU WANT TO TAKE, DO YOU NEED TO HAVE FOR US TO TAKE A RECESS AND FOR YOU TO GET, UH, 'CAUSE WE'D LIKE TO KNOW WHAT THE REPERCUSSIONS OF ANY, EACH ONE OF THE OPTIONS? YES. 
          I'D LIKE A FIVE MINUTE RECESS. 
          POSSIBLE BOARD OF ADJUSTMENT AT 2:14 PM ON THE SIX ON THE, UH, 14TH OF JULY IS IN RECESS UNTIL 2:30 PM OKAY. 
          IT IS 2:30 PM UH, ON THE 14TH OF JULY, THE BOARD OF ADJUSTMENT PENALTIES HEREBY CALLED BACK INTO SESSION. 
          TURN YOUR VIDEOS BACK ON, GUYS. 
          UM, MR. VINCENT, YOU HAVE FIVE MINUTES REBUTTAL. 
          THANK YOU, MR. CHAIR. 
          I'M NOT REALLY GONNA ENGAGE IN REBUTTAL AT THIS POINT. 
          UM, I THINK WE'VE HAD SOME VERY GOOD, VERY VALUABLE DISCUSSION. 
          IT'S BEEN REALLY IMPORTANT TO US TO GET THE FEEDBACK FROM PANEL A. 
          UM, SO I THINK MR. OVITZ HAD AN EXCELLENT IDEA, WHICH IS, UM, I THINK WE NEED TO GO BACK AND DO SOME MORE STUDYING, DO SOME MORE HOMEWORK ON THIS AND COME BACK TO YOU ALL, UM, IN A REASONABLE PERIOD OF TIME. 
          UM, AND HAVE FURTHER DISCUSSIONS ON THIS. 
          I, YOU KNOW, AND I TAKE THE POINT ABOUT RESTAURANT OPERATIONS. 
          UM, YOU KNOW, I'D SAY SIX MONTHS OR MORE WOULD BE REASONABLE TO HOLD THIS OVER AND HAVE US COME BACK IF THAT'S, THAT'S OF COURSE YOUR PREROGATIVE, BUT THAT'S WHAT WE WOULD ASK FOR. 
          THANK YOU VERY MUCH. 
          THE CHAIR WOULD ENTERTAIN A MOTION. 
          MR. HAITZ, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 DASH OH FOUR NINE. 
          CLOSER TO THE MICROPHONE. 
          MR. HAITZ, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 4 5 0 4 9, I'M NOT GONNA TRY TO READ THE REST OF THAT NUMBER ON APPLICATION OF JONATHAN VINCENT DENIED A SPECIAL EXCEPTION OF THE PARKING REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY 
          [01:15:01]
AND TESTIMONY SHOWS THIS SPECIAL EXCEPTION WILL INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS. 
          AND THE PARKING DEMAND GENERATED BY THE USE WARRANTS, THE NUMBER OF REQUIRED PARKING SPACES IN THE MATTER OF BDA 2 4 5 0 4 9. 
          THE A MOTION BY MR. HAITZ HAS BEEN MADE TO DENY, UH, THE REQUEST FOR A SPECIAL EXCEPTION FOR PARKING REGULATIONS WITHOUT PREJUDICE. 
          IS THERE A SECOND? SECOND. 
          IT'S BEEN SECONDED BY MS. DAVIS, MR. HOP DISCUSSION IN THE MOTION. 
          THERE'S, I THINK THERE'S JUST MORE DISCREPANCIES IN THE INFORMATION THAT WE HAVE THAT CAN BE RESOLVED AND GIVING YOU A LITTLE BIT OF ADDITIONAL TIME. 
          I THINK, UH, DENYING THIS WITHOUT PREJUDICE GIVES YOU THE OPPORTUNITY TO COME BACK WITH A, WITH A FRESH START, A NEW PROPOSAL PERHAPS WITH NEW INFORMATION. 
          UH, I THINK WE'VE GIVEN YOU A LOT OF FEEDBACK INTO WHAT THIS BOARD IS LOOKING FOR. 
          UH, UNDERSTAND IF YOU DO REAPPLY FOR A VARIANCE OR EXCEPTION, YOU WILL COME BACK TO THIS PANEL. 
          UM, AND YOU'RE CERTAINLY WELCOME TO DO THAT, BUT I THINK WE NEED TO GET A FRESH START. 
          THANK YOU MR. KOVI DISCUSSION IN THE MOTION. 
          MS. DAVIS, NO FURTHER DISCUSSION. 
          I AGREE WITH MR. KOVICH. 
          UM, MR. BOARD ATTORNEY, UH, WOULD YOU CON, WOULD YOU CONFER OUR, CONFIRM OUR INTERPRETATION THAT THE APPLICANT'S CURRENT REGARDING THE PARKING REQUIREMENT FOR THE CURRENT CERTIFICATE OF OCCUPANCY USAGE? YES. 
          SO FOR THE, THE RESTAURANT IS 42 55. 
          42 55, AND THERE'S 105 FOR EVERY 105, UH, SQUARE FEET. 
          IT'S ONE REQUIRED PARKING SPACES. 
          THAT'S ABOUT 41 PARKING SPACES. 
          AND IF YOU LOOK ON THE SITE MAP, IF YOU GO WITH THE 66 NUMBER OR THE 73 NUMBER, THERE'S ENOUGH PARKING FOR THE RESTAURANT TO CONTINUE TO OPERATE. 
          OKAY, THANK YOU. 
          I'LL SUPPORT THE MOTION ON THE FLOOR. 
          UM, I THINK IT'S IN THE CITY'S BEST INTEREST THAT THERE'S CLARITY. 
          UM, THE CITY COUNCIL CREATES THE STANDARD FOR PARKING IN THE CITY AND THEY DELEGATED TO THE BOARD OF ADJUSTMENT TO CONSIDER SPECIAL EXCEPTIONS. 
          BUT THE BURDEN OF PROOF IS ALWAYS ON THE APPLICANT. 
          I DO NOT THINK THE APPLICANT'S MET, MET THE BURDEN OF PROOF. 
          UM, AND SO THAT'S WHY I'M SUPPORTING THIS MOTION. 
          ANY OTHER DISCUSSION? THE BOARD SECRETARY WILL CALL THE VOTE IN THE MATTER OF 2 4 5 0 4 9. 
          THE MOTION ON THE FLOOR IS TO DENY THE SPECIAL EXCEPTION WITHOUT PREJUDICE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN AYE. 
          MR. OVITZ? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO DENY PASSES FOUR TO ZERO IN THE MATTER BBDA 2 4 5 0 4 9. 
          THE, THE BOARD UNANIMOUSLY ON A FOUR TO ZERO VOTE, DENIES A SPECIAL EXCEPTION REQUEST WITHOUT PREJUDICE. 
          YOU'LL GET A NOTIFICATION FROM OUR BOARD ADMINISTRATOR. 
          THANK YOU VERY MUCH. 
          THANK YOU FOR YOUR TIME. 
          THE NEXT ITEM FOR THE BOARD, UM, IS BO A 2 6 0 0 0 0 2 6 6 6 3 2 CHURCHILL WAY. 
          HE'S THE APPLICANT HERE. 
          PLEASE COME FORWARD. 
          UH, MS. BOARD SECRETARY, UH, HOW MANY SPEAKERS DO WE HAVE FOR 2 6 0 0 0 0. 
          TWO SIX. 
          I HAVE TWO, POSSIBLY THREE. 
          OKAY. 
          SO IS IT TWO OR IS IT THREE? UM, THREE. 
          HOW MANY SPEAKERS IN FAVOR? HOW MANY SPEAKERS IN OPPOSITION? THEY'RE ALL IN FAVOR, SIR. 
          THREE IN FAVOR? ANY IN OPPOSITION? NO. 
          NO OPPOSITION. 
          OKAY. 
          VERY GOOD. 
          ALRIGHT, SO WE HAVE THREE SPEAKERS. 
          UM, I'M GONNA HAVE YOU, WHOEVER'S GONNA SPEAK IF YOU PLEASE STAND AND, UM, GET SWORN IN. 
          I'LL, IF YOU'RE GONNA SPEAK I'LL SWORN AND GENTLEMEN. 
          OKAY? OKAY. 
          DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY. 
          ALRIGHT. 
          SO, UM, IS ONE OF YOU SCOTT CLEMENTS. 
          ALRIGHT, YOU'RE, SO, YOU'RE OFFICIALLY THE APPLICANT ACCORDING TO OUR RECORDS. 
          ALRIGHT. 
          UM, YOU'VE ALL BEEN SWORN IN OUR RULES OR PROCEDURES ARE, THE APPLICANT GETS FIVE MINUTES TO PRESENT. 
          WE WILL EXTEND THAT REASONABLY, UH, JUST AS LONG AS YOU'RE NOT REDUNDANT. 
          UM, AFTER THE APPLICANT SPEAKS, THEN INDIVIDUALS THAT ARE IN FAVOR CAN SPEAK FIVE MINUTES AGAIN. 
          UH, AND THEN ANYONE IN OPPOSITION, THERE'S NONE. 
          SO THAT THEY WON'T BE SPEAKING. 
          AND THEN YOU'LL 
          [01:20:01]
BE GIVEN A FIVE MINUTE REBUTTAL. 
          UM, DURING THE TIME THAT YOU SPEAK IN YOUR INITIAL SPEAKING, WE WILL TRY NOT TO INTERRUPT 'CAUSE THAT'S YOUR TIME. 
          UH, WE ALL TAKE NOTES ABOUT AND HAVE QUESTIONS ON THINGS. 
          AND THAT'S, AND THEN IT'S INTERACTIVE. 
          AND THEN AS YOU'VE SEEN, THEN THE BOARD HAS A CONVERSATION AND THEN VOTES. 
          SO, WHO'D LIKE TO START? I, I CAN'T HEAR YOU. 
          YOU GOTTA TURN THAT. 
          PUSH THAT BUTTON. 
          PUSH THE BUTTON. 
          THERE YOU GO. 
          ALL RIGHT. 
          ALRIGHT. 
          UH, MR. CHAIRMAN, THANK YOU FOR, UH, YOUR TIME. 
          BOARD MEMBERS, THANK YOU FOR YOUR TIME AS WELL. 
          UH, MY NAME IS YOUR NAME AND ADDRESS, PLEASE. 
          YEP. 
          MY NAME IS BARRY HEATH. 
          UH, 42 63 COUNTY ROAD 26 0 2 IN CA MILLS, TEXAS. 
          HOLD ON. 
          BARRY, WHAT'S YOUR LAST NAME? HEATH. 
          HEATH? YES, SIR. 
          OKAY. 
          MR. HEATH, PLEASE PROCEED. 
          YES, SIR. 
          UM, WE ARE THE BUILDERS THAT YOU'RE, YOU LIVE IN KETTLE MILLS? YES, SIR. 
          THERE'S AN AIRPORT OUT THERE. 
          THERE IS. 
          WE, I'VE FLOWN IN AND OUT OF IT SEVERAL TIMES. 
          YEAH, WE DEVELOP OUT THERE AS WELL. 
          SO, UM, I'M SCOTT CLEMENTS, BUSINESS PARTNER. 
          WE ARE BUSINESS PARTNERS IN S CLEMENTS HOMES. 
          WE'VE BEEN IN BUSINESS FOR ABOUT 27 YEARS. 
          I CAN TELL YOU THAT THIS IS A FIRST FOR US BEING IN THIS SITUATION. 
          SO WE COME TO YOU HUMBLY, UM, TO KIND OF EXPLAIN, UH, THE SITUATION OF WHAT HAPPENED AND WHY, WHY THESE STEPS WERE TAKEN AND SOME STEPS MISSED. 
          UM, I WAS ALSO TOLD THAT I COULD BRING A FEW PICTURES THAT I WASN'T ABLE TO UPLOAD PROPERLY. 
          THEY SAID I COULD BRING THESE WITH ME SO I CAN, I JUST, UH, BROUGHT A PICTURE OF ANOTHER WALL THAT WAS, UM, IN, IN THE FRONT YARD, UH, WELL ABOVE. 
          BUT YOU'RE GONNA PRESENT ANY EVIDENCE. 
          YES, SIR. 
          YOU JUST GIVE IT TO US. 
          AND THEN YOU, YOU'RE RELINQUISHING IT WELL ABOVE SIX FEET. 
          UM, ALSO MEASURING FOUR FEET. 
          BUT I WANT TO JUST CIRCLE BACK ON THE PROCESS THAT WE TAKE. 
          UM, JUST SO YOU KNOW, I DON'T, UH, WE'RE VERY FAMILIAR WITH EVERY INSPECTOR IN THIS TOWN. 
          WE'VE BUILT ABOUT 10 HOUSES IN THIS NEIGHBORHOOD IN THE LAST 10 YEARS. 
          UM, YOU KNOW, WE, WE FEEL LIKE WE'RE ABOVE BOARD AND DO THINGS THE RIGHT WAY TO PROTECT OURSELVES, THE CITY AND THE CUSTOMER. 
          UM, MORE IMPORTANTLY THE CUSTOMER. 
          BUT ON, ON THIS SITUATION, UM, YOU KNOW, WE DON'T MAKE EXCUSES. 
          WE, WE DEFINITELY TRY TO DO THINGS THE RIGHT WAY EVERY SINGLE TIME. 
          AND, UH, DURING THIS SITUATION, WE HAD A INDIVIDUAL BY THE NAME OF JOEL CRUZ THAT WE WERE ABLE TO LEAN ON AND BE ABLE TO CALL. 
          HE WAS A, UH, THE SUPERVISOR OF OVER, OVER THIS ZONE. 
          UH, SOMEWHERE ALONG THE WAY I THINK HE GOT MOVED OR POSSIBLY RETIRED. 
          I KIND OF JUST LOST CONTACT WITH HIM. 
          BUT HE WAS ALWAYS KIND OF OUR RIGHT HAND MAN TO BE ABLE TO RUN ANYTHING LIKE THIS BY, UH, AS FAR AS A WALL BEING BUILT IN FRONT OF THE HOUSE, WE HAD NEVER DONE IT BEFORE. 
          UH, WE HIRED RATCLIFFE CONSTRUCTION, WHO WAS A VERY, UH, WELL-KNOWN CONTRACTOR ON BIG DEVELOPMENTS, UH, THROUGHOUT DALLAS AND THE METROPLEX AREA. 
          UH, WE WERE NOT COMFORTABLE DOING THAT, SO WE BROUGHT THEM IN. 
          UM, THE, THE PICTURES THAT YOU'LL SEE IN FRONT OF YOU, THEY JUST TOLD US, BRING AN EXAMPLE OF A WALL THAT WAS IN THE NEIGHBORHOOD. 
          THIS IS TWO STREETS OVER ON WILLOW. 
          UM, ANOTHER EXAMPLE OF JUST KIND OF A MIXED BAG OVER THERE OF KIND OF WHAT'S IN FRONT OF PEOPLE'S HOUSES AND WHAT'S NOT. 
          UM, WE DID TAKE THE STEPS. 
          THE SECOND PICTURES THAT I PROVIDED WERE MEASUREMENTS THAT I TOOK OF THE FENCE PRIOR THAT WAS ALREADY PREEXISTING. 
          WE, WE TOOK THOSE DOWN AND WE TRIED TO GET TO THE BOTTOM OF LIKE, WHAT WE WERE ALLOWED TO DO AND NOT ALLOWED TO DO IN, IN THIS ZONE. 
          UM, WE UNDERSTOOD THAT, THAT THE FENCE IN FRONT WAS FOUR FOOT AND IT STEPPED UP. 
          THE ENTRYWAY STEPPED UP TO FIVE FEET, THEN SIX FEET. 
          UH, WE PRESENTED THESE PICTURES OF OUR MEASUREMENTS AND KIND OF WHAT, WHAT OUR THOUGHTS ARE, WHAT WE WERE TRYING TO ACCOMPLISH THERE. 
          UM, BOTH MYSELF, UH, MY BUS BUSINESS PARTNER, MR. CLEMENTS, UH, AS WELL AS RATCLIFFE, ONCE WE HIRED THEM, UH, WE'RE ALL TOLD THAT WE COULD PROCEED. 
          THAT THERE WAS NO ISSUES, UH, BECAUSE IT WAS FOUR FEET. 
          UM, WE DID NOT NEED A PERMIT. 
          SO I THINK ONE OF THE QUESTIONS THAT WAS ASKED PRIOR IN THE BRIEFING THAT I LISTENED TO EARLIER TODAY WAS, WHY WAS A PERMIT NOT, YOU KNOW, WE, WHY DON'T WE GET A PERMIT? THAT WAS THE REASON WHY. 
          UM, BUT WE DID DO OUR DUE DILIGENCE. 
          UNFORTUNATELY, WE GOT SOME BAD INFORMATION FROM THE CITY. 
          AND I DON'T BLAME THE CITY BECAUSE THE DALLAS HAS BEEN EXCEPTIONAL TO WORK WITH. 
          BUT AT THIS TIME, THERE WAS A LOT OF EMPLOYEE CHANGE OVER AS WELL AS THEM CHANGING THEIR SYSTEMS. SO WE WERE HAVING A VERY DIFFICULT TIME GETTING ANSWERS ON THINGS. 
          AGAIN, NOT TO MAKE EXCUSES. 
          I KNOW EVERYBODY AT THE CITY WORKS HARD, UH, JUST LIKE WE DO. 
          UH, BUT IT WASN'T FOR A LACK OF DUE DILIGENCE ON OUR PART TO TRY TO DO THE RIGHT THING. 
          UM, SO WITH THAT BEING SAID, WE HIRED RATCLIFFE WHO, WHO LIKE I SAID, HAS, I MEAN, I'VE BEEN ON SEVERAL DEVELOPMENTS WITH THEM. 
          UM, THEY ALSO CAME DOWN, LIKE I SAID, AND TRIED TO DO THE RESEARCH, ASKED THE QUESTIONS THAT WE NEED TO HAVE. 
          IT WASN'T UNTIL AFTER THE FACT, UM, THAT WE WERE IN THIS POSITION. 
          NOW THE OTHER QUESTION THAT YOU GUYS PROPOSED IN THE, IN THE BRIEFING WAS THAT, WAS THIS WALL BEING BUILT SIMULTANEOUSLY WITH THE BUILD? SIMULTANEOUSLY WITH THE BUILDING? THE ANSWER IS YES. 
          IN FACT, THE COMPLAINT ONLY CAME AFTER NEIGHBORS GOT IN DISPUTE OVER A LIMB BEING CUT DOWN THAT WAS HANGING OVER THEIR YARD. 
          UM, SO WE WERE ACTUALLY ONLY A COUPLE DAYS AWAY FROM GETTING FINAL SEAL IN THE HOUSE. 
          THEN WE GOT A TICKET, AND THEN THIS IS KIND OF WHY WE'RE HERE. 
          SO ZONING VISITED THE SITE SEVERAL TIMES, NEVER FLAGGED IT. 
          WE WOULD'VE FIXED IT RIGHT AWAY. 
          [01:25:01]
UM, WE WERE NEVER FLAGGED ON ANYTHING UNTIL WE GOT THIS, THIS, THERE WAS A, A ALTERCATION, I GUESS OVER A TREE LIMB. 
          AND THEN WE GOT A TICKET. 
          AND THEN THIS KIND OF HOW TO, TO MY KNOWLEDGE, THIS IS HOW THIS ALL CAME ABOUT. 
          UM, AGAIN, YOU COULD LOOK AT OUR HISTORY HERE IN THIS CITY. 
          WE, WE DON'T BEND THE RULES. 
          WE DON'T BREAK THE RULES. 
          UH, IN THIS CASE IT WAS SOME BAD INFORMATION, UM, THAT WE RECEIVED. 
          AND, UH, AGAIN, FOR A SMALL BUSINESS, I'M A, YOU KNOW, SMALL VETERAN OWNED BUSINESS, THIS WOULD BE A TREMENDOUS HIT FOR US TO HAVE TO TEAR, TEAR DOWN A WALL AND REBUILD IT AND DO AND DO THESE THINGS. 
          SO, UM, WE JUST, AGAIN, HUMBLY COME AND ASK YOU TO BE UNDERSTANDING THAT WE WERE HUMAN ON THIS ONE. 
          IT WASN'T OUT OF DEFIANCE AND WE WERE JUST GONNA BUILD WHAT WE WANTED TO. 
          SO THANK YOU, SIR. 
          YES, SIR. 
          WHO'D LIKE TO SPEAK NEXT? MY NAME IS SCOTT CLEMENTS. 
          I'M AT 4 0 5 IRV, APARTMENT 29 0 2 DALLAS, TEXAS. 
          AND I JUST WANNA SAY THAT WE PERMITTED THE HOUSE. 
          WE STAYED IN TOUCH WITH KEVIN REED INSPECTORS AND I PERSONALLY TOOK PICTURES OF THE EXISTING FENCE. 
          AFTER THE HOUSE WAS DEMOED, I WENT DOWN TO THE CITY. 
          I WENT TO FIVE DIFFERENT DEPARTMENTS, HAD STUFF PRINTED OFF FOR ME. 
          THEY ALL GAVE US THE GO AHEAD. 
          THE FENCE WAS ON THE SITE PLAN. 
          IT WAS ON THE ORIGINAL FILED SITE PLAN. 
          IT WAS ON THE STAMP SET OF PLANS. 
          AND YES, THERE WAS A NOTE ON THE SITE PLAN THAT STATED SOMETHING ABOUT 35 FEET, BUT IT WAS VERY SMALL. 
          AND EVERY TIME WE WENT AND ASKED ABOUT PERMITTING FOR A WALL, WE WERE TOLD NO PERMIT WAS NEEDED AS LONG AS IT'S FOUR FEET. 
          SO WE JUST MOVED FORWARD WITH THE CONSTRUCTION OF IT. 
          BUT WE DID, LIKE YOU SAID, DO OUR DUE DILIGENCE AND WENT TO JEFFERSON STREET MULTIPLE TIMES BEFORE WE STARTED THIS WALL AND TALKED TO MULTIPLE PEOPLE AND WAS GIVEN THE ANSWER OF PROCEED ON. 
          AND THAT'S WHAT WE DID. 
          I JUST WANTED, JOE, ANOTHER THANK YOU, SIR. 
          YOU, YOU DON'T CHOOSE TO SPEAK. 
          I, I THINK THESE GENTLEMEN COVERED EVERYTHING. 
          OKAY. 
          WELL, I, I, YOU EITHER CAN SPEAK OR CAN'T OR DON'T WANT TO. 
          SO CHOOSE WHAT YOU WANT TO DO. 
          CAN I JUMP BACK IN ONE MORE TIME? SURE. 
          ONE MORE TIME. 
          I JUST CAN'T HAVE YOU SHOUT THAT WAY 'CAUSE IT'S ON THE RECORD, BUT IT'S NOT. 
          SO, AND I DO KNOW WE NEED TO ADDRESS SOME OTHER THINGS ABOUT THE EIGHT FOOT FENCE. 
          I DID SPEAK TO DIANA, I DON'T KNOW IF SHE'S IN HER THIS ROOM. 
          I'VE NEVER, SHE RIGHT THERE. 
          OKAY. 
          DIANA. 
          YEAH. 
          SO SHE EVEN KIND OF SAID, WE, YOU KNOW, WE, WE REALLY, I I PROMISE YOU WE HAVE THE BEST INTENTIONS OF EVERY PROJECT WE DO. 
          WE NEVER WANNA BE IN THIS POSITION. 
          NO BUILDER DOES. 
          UM, WE, UH, THE FENCE GUY THAT WE USE, EVAN STOKES STOKED OUT CONSTRUCTIONS, BUILT MULTIPLE FENCES. 
          UM, HE HAD NEVER BUILT ONE IN DALLAS BEFORE HE, WHEN HE SUBMITTED HIS PERMIT, WE OUTLINED WHERE WE WANTED TO BRING THE FENCE. 
          I GUESS HE MISSED THE STAMP THERE. 
          I GUESS, I GUESS THE COMPLAINT ON OUR SIDE WOULD BE, IS LIKE THERE WAS A STAMP, YOU KNOW, BUT IT ALSO JUST SAID APPROVED. 
          RIGHT. 
          SO WE DIDN'T, I GUESS HE DIDN'T REALLY TAKE THAT STAMP AND, AND EQUATE IT TO HIS PERMIT BECAUSE IT WAS APPROVED. 
          THERE WAS NO, NO COMMUNICATION FROM THE CITY AFTER THAT THAT SAID, HEY, YOUR, YOUR FENCE LINE IS HERE. 
          THERE WAS NO, I GUESS EXPLANATION OF LIKE, IF, IF SOMETHING WAS WRONG ON, ON THE DRAWINGS THAT WE SUBMITTED. 
          SO WE DIDN'T CATCH IT. 
          AND WE PROCEEDED, IN FACT, THAT WOODEN FENCE WAS THERE PRIOR TO THE BUILDING EVER BEING BUILT. 
          'CAUSE SHE WANTED THE PROPERTY SECURED. 
          AND THEN MORE IMPORTANTLY, LIKE, KIND OF WHAT I WANT TO GO BACK ON IS THAT WE'RE HERE AS, THEY'RE OUT OF THE COUNTRY. 
          THE OWNERS ARE OUTTA THE COUNTRY RIGHT NOW. 
          UM, BUT MISS, MR. AND MR. SHAW, THEY'RE LIKE THE BIGGEST PROPONENTS OF THAT NEIGHBORHOOD. 
          THEY DO TONS OF PHILANTHROPY WORK IN THE NEIGHBORHOOD. 
          THEY ALLOW PEOPLE THAT ARE UNDERPRIVILEGED, THAT CANNOT LIVE IN THAT NEIGHBORHOOD TO LIVE IN THE NEIGHBORHOOD. 
          UM, THEY'RE, THEY'RE LIKE THE WHO'S WHO OF THAT NEIGHBORHOOD. 
          THEY, THEY GO ABOVE AND BEYOND. 
          THEY NEVER WANT TO BE, MAKE ANYBODY ANGRY ABOUT BUILDING SOMETHING THE WRONG WAY. 
          SO  KIND OF, THAT'S WHY WE'RE HERE. 
          AND THEY'RE LIKE, NO, YOU GUYS GO FIGURE IT OUT. 
          UM, BUT I JUST KIND OF WANTED TO PUT THAT PIECE IN THERE OF WHO THEY ARE IN THE NEIGHBORHOOD. 
          THERE'S 20, 30 FAMILIES LIVING IN THAT NEIGHBORHOOD THAT WOULDN'T BE ABLE TO AFFORD TO LIVE THERE AND GO TO THEIR SYNAGOGUE UNLESS THEY, UH, YOU KNOW, HELP THEM AFFORD TO LIVE THERE. 
          SO I JUST WANTED TO PUT THAT PIECE. 
          SO WITH ALL THAT BEING SAID, LIKE THEY LOVE THAT NEIGHBORHOOD. 
          THEY'RE NOT TRYING TO DO ANYTHING TO, THEY'RE TRYING TO BEAUTIFY THE NEIGHBORHOOD. 
          AND, AND HONESTLY THEY'VE DONE THAT AND, AND BROUGHT HUNDREDS OF THOUSANDS OF TAX DOLLARS TO THAT AREA. 
          SO JUST WANTED TO ADD THAT PIECE AS WELL. 
          THANK YOU SIR. 
          YES SIR. 
          QUESTIONS FOR THE APPLICANTS MS. DAVIS, CAN YOU EXPLAIN THE, THE, YOU GOT THE PERMIT, BUT YOU SAID IT SAID IN VERY SMALL TYPE THAT THE FRONT FENCE NEEDED TO BE FOUR FEET AND YOU DIDN'T SEE THAT. 
          I'M JUST TRYING TO FIGURE OUT, OKAY, HOLD ON. 
          CAN YOU TURN ON YOUR, YOU COME TO THE MICROPHONE? YES, SIR. 
          UH, 
          [01:30:01]
NO MA'AM. 
          NOT ON THAT PART. 
          I GUESS THERE'S THREE SCENARIOS HERE THAT WE MADE MISTAKES ON. 
          MM-HMM . 
          THE EIGHT FOOT FENCE COMING ALL THE WAY TO THE FRONT LINE OF THE PROPERTY AND I GUESS IT HAS TO BE SET BACK 35 FEET. 
          THAT'S WHY I WAS SPEAKING ABOUT THAT. 
          THAT'S A SEPARATE PERMIT. 
          MM-HMM . 
          THERE'S NOTHING, UH, THERE'S NO CONTENTION ON THE WALL PORTION OTHER THAN THE FACT THAT WE WERE TOLD WE DIDN'T NEED ONE. 
          WE WOULDN'T, WE WOULDN'T HAVE SUBMITTED A PERMIT ON A FOUR FOOT WALL 'CAUSE IT'S NOT NEEDED. 
          RIGHT. 
          SO WHERE WE MADE THE, WAIT, I'M SORRY. 
          YOU NEEDED, YOU GOT A PERMIT? WHAT, WHAT WE FOR THE EIGHT, EIGHT FOOT WOOD FENCE. 
          OH, GOT IT. 
          OKAY. 
          THAT GOES AROUND. 
          SO IT HAS TO STOP AT 35 FEET? YEAH. 
          OKAY. 
          SO I GUESS WHEN YOU CLICK, YOU KNOW, WE GOT A PROOF SET OF PLANS, IT SAYS APPROVED. 
          WELL, THE FENCE GUY IN HIS MIND WAS LIKE WHAT I SUBMITTED TO PROVE HE DIDN'T SEE THE STAMP THAT SAID 35 FOOT SETBACK, BUT HE, IT DOESN'T EVEN SAY LIKE FENCE 35 FOOT SETBACK. 
          SO THAT COULD BE A SETBACK FOR MULTIPLE DIFFERENT THINGS. 
          MM-HMM . 
          AGAIN, NOT MAKING EXCUSES, WE MISSED IT. 
          MM-HMM . 
          UM, BUT THAT'S JUST KIND OF I, WHERE WE'RE AT AND WHY WE'RE AT. 
          OKAY. 
          'CAUSE WE DON'T, WE DON'T JUST BUILD WHAT WE WANT. 
          SO, AND YOU ALSO MISSED THE FOUR FOOT IN THE FRONT BECAUSE THE FRONT IS SIX FOOT FIVE FOOT. 
          SO YEAH. 
          SO WE BROUGHT PICTURES DOWN SHOWING THE PREEXISTING FENCE THAT WAS THERE AND THE ENTRY THAT WAS THERE. 
          AND IT WAS FOUR FOOT ALL THE WAY ACROSS, WHICH I DON'T THINK THAT'S BEING CONTESTED. 
          I THINK THE FOUR FOOT AREA IS GOOD. 
          MM-HMM . 
          UM, AS YOU ENTER THE HOUSE, THE ENTRY 40 FIVES BACK TO THE HOUSE AND THEN THERE'S A GATE. 
          THE ORIGINAL FENCE HAD STEPPED UP TO THAT MM-HMM . 
          SO WE THOUGHT WE, BECAUSE WE WERE PUTTING BACK WHAT WAS ALREADY THERE, IT WAS EITHER ALREADY PERMANENT TO BE LIKE THAT. 
          AND IN FACT, THAT'S WHY WE TOOK THOSE PICTURES DOWN TO THE CITY IS LIKE, SO AS LONG AS WE'RE PUTTING BACK WHAT WE, WHAT WAS THERE, IT'S GOOD. 
          WE WERE TOLD YES. 
          THEN WE PROCEEDED, UH, THE, THE BIG PICTURE OF THIS IS WHERE, WHAT, WHO WE TALKED TO DIDN'T TELL US IS THE 50% OPENING. 
          NOW, NOW, NOW I CAN TELL I'M VERY, VERY WELL VERSED ON EVERYTHING ZONING THE FENCES IN DALLAS. 
          BUT UNFORTUNATELY AT THE TIME THAT'S, THAT'S WHAT WE WERE, THAT'S WHAT WE WERE DEALING WITH. 
          SO WHO, WHO WERE YOU TALKING TO AT THE CITY? SEE, THAT'S SUCH A LOADED QUESTION. 
          I, I'LL BE HONEST WITH YOU. 
          GENERALLY, I MEAN, AND I DON'T KNOW IF JOEL CRUZ WORKS FOR THE CITY ANYMORE, BUT AFTER HE WAS OUT OF THE PICTURE, I MEAN, HE WAS ON SPEED DIAL WITH ME. 
          'CAUSE WE NEVER, YOU KNOW, ANYTIME WE WEREN'T AWARE OR, OR YOU KNOW, WE HAD A QUESTION HE WOULD ALWAYS ANSWER. 
          WE LOST THAT CONTACT. 
          MM-HMM . 
          SO KIND OF AT THE CITY, AND AGAIN, NOT COMPLAINING ABOUT THE CITY, IT'S KIND OF HARD TO GET AHOLD OF PEOPLE SOMETIMES OR WHATEVER. 
          UM, I CAN'T TELL YOU WHO WE TALKED TO. 
          I WISH I HAD BETTER DOCUMENTATION OF THAT. 
          AND IN FACT, IF WE EVER HAVE A SCENARIO WHERE THEY'RE TELLING US TO GO BEFORE, I ALWAYS ASK THEM NOW IF THEY'LL SEND IT TO ME IN AN EMAIL. 
          UH, JUST SO WE HAVE PROOF OF THAT. 
          BUT I CAN JUST TELL YOU THAT WE, ALL THREE OF US WENT INTO THE JEFFERSON CITY OFFICE AND SPOKE TO PROBABLY DIFFERENT PEOPLE. 
          I MEAN, AND THERE, THERE WAS A DAY THAT HE WENT AND HE SPOKE TO PEOPLE ON THREE DIFFERENT LEVELS OKAY. 
          OF THE BUILDING. 
          OKAY. 
          CAN I ASK ONE MORE? MM-HMM . 
          WAIT, LET ME MAKE SURE I KNOW WHAT IT'S, HANG ON. 
          OH, HOW SO WHAT BROUGHT YOU HERE TODAY? DID, DID CO COMPLIANCE COME BY OR? YEAH, SO WE WERE ABOUT TO GET SIGN OFF ON THE HOUSE. 
          OKAY. 
          LIKE EVERYTHING WAS GOOD. 
          NOBODY, YOU KNOW, THERE WAS, AND, AND THAT'S OUR THING TOO, IS LIKE EVEN KEVIN REED, WHO WE WORKED CLOSELY WITH ON ALL THESE PROJECTS, HE, HE IS IN THAT ZONE. 
          HE'S LIKE, ZONING NEVER EVER SAID ANYTHING TO YOU ABOUT THIS. 
          I SAID, NO, NOT UNTIL WE GOT THIS TICKET. 
          MM-HMM . 
          SO SOMEBODY, SO BASICALLY WHAT HAPPENED, UH, AND YOU KNOW, I'M TESTIFYING TO THIS, OH, ON A STORY THAT I WAS TOLD BY THE OWNER IS THAT THERE WAS A TREE BRANCH HANGING OVER. 
          IT WAS GONNA MAYBE FALL ON THEIR HOUSE. 
          THEY CUT IT, THE GUY NEXT DOOR TO HIM GOT MAD AND THEN ALL OF A SUDDEN WE GOT A TICKET. 
          AND THEN HERE WE ARE TODAY. 
          OKAY. 
          YES. 
          ALRIGHT. 
          THE, THE, UH, THE NEIGHBORS TO THE LEFT AND UH, JUST, I DON'T KNOW IF THIS MATTERS, THEY LOVE EACH OTHER. 
          LIKE THEY GET ALONG, THEY HAVE A LITTLE CUT THROUGH OF THAT EXACT FENCE WE'RE TALKING ABOUT TO, YOU KNOW, BE ABLE TO WALK BACK AND FORTH AND MM-HMM . 
          SO IT'S NOT, YOU KNOW, SHE'S NOT LIKE A MENACE TO, TO, TO THE NEIGHBORHOOD BY ANY MEANS. 
          SHE'S ACTUALLY QUITE THE OPPOSITE. 
          OKAY. 
          ALRIGHT. 
          THANK YOU. 
          YEP. 
          OTHER QUESTIONS? I'VE GOT A FEW. 
          OKAY. 
          MR. KOVI, UM, YOU GOT QUITE A NUMBER OF LETTERS OF SUPPORT. 
          THERE WAS NOTABLE THAT ALMOST OR MOST LARGE MAJORITY OF THEM ARE APPARENTLY FROM TWO PEOPLE WHO ARE THE OWNERS OF QUITE A NUMBER OF HOUSES IN THE AREA. 
          UM, THAT YOU PERSONALLY, UH, SOLICIT FEEDBACK FROM THE OWNERS? ME PERSONALLY OR NO PEOPLE REPRESENTING YOU? I WAS SENT THOSE LETTERS BY THE OWNERS. 
          I DON'T KNOW HOW THEY WERE SOLICITED PER SE. 
          I MEAN, I'M SURE THEY DO WHAT ANYBODY DOES THAT SAYS THEY HAVE TO GET LETTERS AS THEY PROBABLY WENT AROUND AND TOLD THEM THE SITUATION AND GOT LETTERS. 
          I DON'T KNOW HOW THOSE WERE SOLICITED. 
          I DO KNOW THAT, THAT THEY HAD TO GO BACK AND HAVE THEM ALL SIGNED BY THE PEOPLE 'CAUSE IT WAS LIKE A GENERIC LETTER OR SOMETHING AND THEY WENT BACK AND GOT ALL OF THEIR SIGNATURES. 
          BUT I ALSO THINK THE CITY AFTER THE FACT WENT AND MADE SURE THOSE WERE ALL 
          [01:35:01]
REALLY SIGNED AND EVERYTHING AND THEY WERE RIGHT. 
          UH, WHAT I'M, I GUESS MY, THE POINT OF MY QUESTION WAS IT SEEMS LIKE THERE WERE TWO PEOPLE THAT WERE SIGNING THE BULK OF THOSE LETTERS AS THE OWNERS OF A NUMBER OF DIFFERENT ADDRESSES AND YEAH, THAT'S THROUGH HER PHILANTHROPY WORK. 
          THOSE ARE THE PEOPLE THAT ARE UNDERPRIVILEGED AND CAN'T AFFORD TO LIVE IN THE NEIGHBORHOOD. 
          UM, THEY BASICALLY, UM, THEY PAY A, LIKE A, WELL, LIKE A REALLY, REALLY, REALLY, REALLY, REALLY, REALLY REDUCED RENT. 
          I THINK THAT'S WHAT SOME OF THOSE ARE. 
          I SEE THROUGH HER, THROUGH HER NONPROFIT. 
          AND YOU, UM, YOU SAID YOU'VE BUILT I THINK OVER 30 HOUSES IN THAT NEIGHBORHOOD. 
          DID YOU SAY? NO, ABOUT, PROBABLY ABOUT 10 HOUSES IN THE LAST TWO YEARS. 
          YES SIR. 
          WE HAVE IN THAT NEIGHBORHOOD, SIR. 
          IN THAT NEIGHBORHOOD. 
          YES SIR. 
          AND DID YOU, WERE YOU, DID YOU BUILD THE FENCES IF THERE WERE ANY OF THOSE NEIGHBORHOODS? YEAH, BUT THIS PARTICULAR ONE, IT WAS THE FIRST TIME SHE HAD TO ASK US TO DO THOSE THINGS. 
          SO THAT'S WHY WE BROUGHT IN RATCLIFFE WITH THE WALL AND EVERYTHING 'CAUSE IT WASN'T REALLY OUR SPECIALTY. 
          SO, YOU KNOW, AND THEN WHEN THINGS, YOU KNOW, BUT I I WILL SAY TOO, IF YOU EVEN GO BACK AND LOOK AT SOME OF THE CERTIFIED PLATS, YOU KNOW, SOME OF THOSE RULES AND EVERYTHING ON THERE AND I'M NOT, ARE FROM 19 20, 19 15 AND TO THE POINT WHERE YOU HAVE TO GO TO THE CITY BECAUSE THE, THE, THE MATERIAL LIST THAT IS APPROVED MATERIAL ISN'T ON THE LIST BECAUSE STUCCO WASN'T AROUND IN 1920. 
          SO WE, YOU KNOW, THAT'S WHERE THIS STARTED BECAUSE I, I WENT PERSONALLY AND WAS LIKE, HEY, CAN WE BUILD THIS WALL OR NOT? 'CAUSE STUCCO IS NOT EVEN AN OPTION ON HERE. 
          SO, UM, WE DEFINITELY WENT TO THE CITY AND TRIED TO DO OUR DUE DILIGENCE. 
          SO THE FENCES THAT YOU PUT ON OTHER PROPERTIES THAT YOU BUILT IN THE NEIGHBORHOOD, UM, DID YOU KNOW THAT THOSE HAD OPACITY REQUIREMENTS WHEN YOU BUILT THEM? UH, GO AHEAD. 
          SO THE OTHER HOUSES WE BUILT IN THE NEIGHBORHOOD, THOSE WERE ALL WOOD FENCES, BUT THEY ONLY WENT FROM THE FRONT OF THE HOUSE BACK. 
          THEY NEVER WENT TO THE FRONT OF THE PROPERTY LIKE THIS ONE DOES. 
          I SEE. 
          SO THIS LADY HAS BOUGHT OLDER HOUSES AND WE'VE TORN 'EM DOWN AND REBUILT AND WE DID THREE ON CHURCHILL, TWO ON DIKES, PRESTON CREST, UH, MAGE AND SO ON. 
          SO SHE BUILDS THESE HOUSES AND THEN ALLOWS JEWISH FAMILIES TO LIVE IN THEM. 
          I SEE. 
          THAT COULDN'T FOR THE CENTER, GOD OVER THERE. 
          SO YOU WEREN'T BUILDING FRONT YARD FENCES? NOT ON THE HOUSES. 
          THE REASON THIS ONE HAS THE FRONT YARD WALL, IT'S HER PARENTS' HOUSE. 
          HER PARENTS ARE LIKE 80 YEARS OLD AND THEY JUST MOVED HERE FROM FLORIDA. 
          MM-HMM . 
          SO SHE BUILT THEM THIS NICE HOUSE AND SHE WANTED IT SECURED BECAUSE THEY'RE ELDERLY. 
          RIGHT, RIGHT. 
          OKAY. 
          AND SEE IF YOU HAVE, UH, BUT IF YOU SAY WHAT WOULD IT, WHAT WOULD BE INVOLVED IN RECTIFYING THE SITUATION OF THE, OF THE SETBACK? WELL THERE'S, SHE WOULDN'T, SHE DON'T WANT LIKE 35 FEET BACK IS TO EAT UP HALF THEIR FRONT YARD. 
          SO SHE DON'T WANT THAT. 
          UH, THE, THE BIGGEST THING IS LIKE HE SAID, THERE WAS A PREEXISTING FENCE SURROUNDING THE PROPERTY WHEN SHE BOUGHT IT. 
          AND WE TORE THE HOUSE DOWN THE FENCE WAS UP ALL THE WAY THROUGH TILL THE VERY END. 
          AND WE PUT THE NEW FENCE UP. 
          WE DID TAKE PICTURES OF THAT FENCE AND HIT, LIKE HE SAID, IT'S FOUR FOOT ON THE FRONT GOING INTO THE APPROACH, IT STAGGERS UP. 
          WE WENT DOWN WITH THOSE PICTURES AND SAID, ARE WE ABLE TO DO THIS SAME LOOK BUT WITH STUCCO? AND EVERY ANSWER WE GOT WAS YES. 
          AND 1 0 5, 2 0 5, 3 0 5, EVERYWHERE WE WENT, THEY PRINTED OUT EVEN THE DIRECTIONS OF, OR THE INSTRUCTION OF WHAT MATERIAL COULD BE AND SO FORTH. 
          SO WE THOUGHT WE WERE WELL WITHIN OUR LIMITS WHEN WE BUILT THE WALL BASED ON, I'M, I'M TALKING, I'M TALKING ABOUT THE SIDE WALLS. 
          OH, THE EIGHT FOOT? YES. 
          WELL, I MEAN IF YOU GO THROUGH THAT NEIGHBORHOOD, THERE'S EIGHT FOOT FENCES EVERYWHERE. 
          SO IT'S, IT'S, I MEAN, ACROSS, OUT TO THE STREET. 
          YEAH, DOWN ALL THE WAY TO THE FRONT OF IT. 
          IT'S A REALLY MIXED BAG. 
          IT'S A, IT'S VERY, LIKE IF YOU LOOK WHERE HER HOUSE IS ON CHURCHILL, SHE'S GOT A FOUR FOOT SUPER NICE WALL. 
          I MEAN $200,000 WALL. 
          THAT'S ADDS VALUE TO THE HOUSE TO ME. 
          BUT THEN RIGHT ACROSS THE STREET YOU GOT A SUBDIVISION AND THAT WALL'S JUST AN EIGHT FOOT BRICK WALL THAT'S UGLY AS ALL GET OUT. 
          BUT THAT WALL'S PERFECTLY FINE. 
          BUT HER WALL'S, IT, IT MAKES NO SENSE WHEN YOU DRIVE THROUGH THERE AND SEE ALL THE DIFFERENT TYPES OF FENCES AND WALLS IN THAT NEIGHBORHOOD. 
          WELL MY, MY QUESTION WAS TO MAKE THE SIDE THE SIDEWALLS, THE WOOD, THE EIGHT FOOT WOOD THAT'S UP ON THE SIDES. 
          YEP. 
          TO PUSH THAT BACK TO THE 35 FOOT POINT TO BE FOUR FEET, WHAT WOULD BE INVOLVED IN IN THAT IT WOULD BE 70, IT'D BE 75 FEET. 
          THE BUILDING PLANTED, BUILDING LINE WE'RE TOLD IS 75 FEET BACK. 
          THE SETBACK. 
          YEAH. 
          BUT THAT'S FOR THE, THAT'S JUST, SORRY, GO AHEAD. 
          WHAT WE WERE TOLD IS THE PLANTED BUILDING LINE IS 75 FEET BACK. 
          SO THAT'S WHERE THE SIDEWALLS WOULD NEED TO START AND END. 
          OKAY. 
          THERE. 
          I GOTCHA. 
          THEY CAN GO 
          [01:40:01]
75 FEET TO THE REVERSE, BUT NOT 75 FEET FORWARD. 
          IS THAT CORRECT, MS. BARKUM? CORRECT. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          SO IT'S 75 REALLY. 
          THANK YOU. 
          SO AT THE CITY OF DALLAS, THEY SAY THE 75 FOOT IS FOR THE STRUCTURE OF THE HOME. 
          THAT'S WHAT WE WERE TOLD. 
          THE THE 35 FOOT IS FOR THE FENCE ON THE SIDES IS WHAT WE WERE TOLD ALSO FROM THE CITY OF DALLAS. 
          OKAY. 
          BUT, SO I WILL ASK THE QUESTION AGAIN. 
          WHAT IS THE PLANTED BUILDING LINE ON THIS PROPERTY, MS. BARCO? THE PLANTED BUILDING LINE IS 75 FOOT, SO ANYTHING WITHIN THAT AREA IS CONSIDERED YOUR FRONT YARD FENCES ARE ALLOWED TO BE WITHIN THE, THE BUILDING LINE. 
          UM, BUT YOU WOULD STILL HAVE TO, YOU WOULD STILL, THAT THE BUILDING LINE WOULD MEAN THAT YOU CAN'T BUILD ANYTHING EXCEPT FOR FENCES. 
          THOSE ARE ALLOWED, BUT YOU STILL HAVE TO MEET THAT 75 FOOT STEP BACK. 
          YOU COULD MOVE FOUR FEET. 
          CORRECT. 
          BUT NOTHING OVER FOUR FEET. 
          YEAH. 
          AND THAT'S THROUGHOUT THE CITY OF DALLAS. 
          SO WHEN WE BOUGHT THIS LOT OR WHEN SHE BOUGHT IT, THERE WAS AN EXISTING EIGHT FOOT WOOD FENCE AROUND THE PROPERTY. 
          SO IT, WE TORE THE FENCE DOWN TO PUT THE NEW FENCE BACK AND IT WAS ALL THE WAY TO THE FRONT AS WELL. 
          WELL, I, I CAN'T RESPOND TO WHAT YOU, WHAT WAS THERE VERSUS WHAT YOU DID, BUT YOU JUST HEARD TWICE FROM UH, A, A CITY OFFICIAL OF WHAT THE STANDARD IS. 
          MS DI, CAN I ASK WHY? THEY MARKED OUR PLANS 35 FOOT SETBACK THEN AND NOT 75. 
          WHERE, WHERE DOES IT SAY THAT THEY PUT A 35 FOOT STAMP ON THERE, ON THE SET SAT PLAN ON THE APPROVED SET OF PLANS. 
          THERE'S A, AND WE SPOKE ABOUT THIS ON THE PHONE I BELIEVE TOO AND YOU SAID IT FOR BASE ZONING. 
          I BELIEVE THE BASE ZONING IS 35 FOOT. 
          I DON'T KNOW WHEN IT WAS REP PLOTTED OR WHEN THAT BUILDING ONE CAME INTO PLAY. 
          AND THAT'S OUR THING. 
          WE, WE, WE, WE DID THE PERMIT BASED ON BRING IT ALL THE WAY TO THE FRONT. 
          SO IF WE MISSED THE 35 FEET THAT THEY STAMPED. 
          OKAY. 
          YES SIR. 
          OKAY, KEEP GOING WITH YOUR QUESTIONS. 
          SO THERE'S A QUESTION OF 35 FEET OR 75 FEET BY ORDINANCE, OR EXCUSE ME, BY THE BUILDING SETBACK, IT'S 75 FEET. 
          RIGHT. 
          SO WHETHER OR NOT IT WAS 35 FEET OR ZERO FEET 'CAUSE IT WAS BUILT AT ZERO FEET SETBACK. 
          GOT IT. 
          SO, SO JUST GENERALLY TO TAKE THE EIGHT FOOT FENCE FOR WHATEVER LENGTH OF THAT IT NEEDS TO GO DOWN THE FOREFOOT TO BE COMPLIANT. 
          WHAT WOULD BE INVOLVED CONSTRUCTION WISE TO DO THAT? UM, IT WOULD RUIN CURRENT LANDSCAPING. 
          YOU KNOW, UM, WE FIGURE OUT HOW TO DRIVE OVER MACHINES FOR IRRIGATION, PULL OUT THE CURRENT EXISTING POST AND CONCRETE AND REBUILD IT TO FOUR FEET. 
          I DON'T HAVE ANYTHING FURTHER. 
          THANK YOU. 
          I HAVE A QUESTION. 
          I HAVE A QUESTION TO MR. BARCO THEN I'LL COME BACK TO YOU. 
          MR. HEAT? YES SIR. 
          UM, I'M ON PAGE 89 OF THE DOCKET THAT WE WERE GIVEN. 
          AND THIS PARTICULAR ONE SHOWS A TREE AND TOPO SURVEY, TREE AND TOPO SURVEY AND IT'S GOT BURNS. 
          IT DOESN'T HAVE AN ENGINEERING OR SURVEYOR SEAL. 
          JUST SAYS THAT. 
          AND AT THE BOTTOM OF IT IT SAYS BUILDING OFFICIAL APPROVAL ZONING ONLY APPROVED. 
          TELL ME HOW WE ARE SUPPOSED TO INTERPRET THAT WHEN IT SAYS ZONING ONLY APPROVED AND THEN I'M, THEN I'M SQUINTING MY EYES TO LOOK AT WHAT THAT SAYS. 
          IT DOESN'T HAVE A DATE AND THEN IT'S GOT HANDWRITING. 
          BUT I DON'T KNOW IF THAT WAS ADDED BY THE BUILDING OFFICIAL REPRESENTATIVE OR BY THE APPLICANT OR WHERE, HELP ME INTERPRET PAGE 89. 
          THESE PLANS WERE APPROVED BY THE ZONING DEPARTMENT. 
          UM, AND SO THAT'S JUST THE BA THE GENERIC STAMP FOR THE ZONING DEPARTMENT AND THEN THEY INITIAL IT ONCE WHOEVER APPROVED IT. 
          ALRIGHT. 
          UM, I DO SEE WHERE IT COULD BE, I'M TRYING TO USE THE RIGHT WORD HERE. 
          I I, I SEE WHERE THERE COULD BE CONFUSION BECAUSE IT DOES SHOW THE FENCE ALL THE WAY UP TO THE PROPERTY LINE AND THERE IS JUST LANGUAGE SAYING 35 FOOT FRONT YARD, UM, SETBACK DOESN'T NECESSARILY SAY THAT THEY COULDN'T BUILD TO THERE. 
          AND IT'S SHOWING THE FENCE ALONG THE FRONT YARD ALSO. 
          OKAY. 
          SO HOLD THERE. 
          THIS IS INFORMATION. 
          SO I'M TURNING THIS UPSIDE DOWN IN ORDER TO LOOK AT CHURCHILL WAY ON THE BOTTOM AND THE BACK OF THE LOT ON THE TOP. 
          AND I SEE THE ZONING ONLY APPROVAL AND THEN IT SAYS FENCE ONLY AND THEN IN HARDER IT SAYS 30 SOMETHING FEET FROM OFF THE FENCE. 
          TELL ME WHAT THAT MEANS. 
          UH, IT SAYS 35 FEET. 
          UH, FRONT YARD SETBACK. 
          FRONT YARD SETBACK. 
          IS THAT WHAT IT SAYS? YES. 
          WHERE DOES IT YES. 
          OH, ON THE LEFT SIDE. 
          THANK YOU. 
          OKAY. 
          WHAT DOES IT SAY ON THE OTHER SIDE THAT SAYS THE SAME THING? 35 FOOT FROM 8 35 FOOT OFFENSE? WELL IT 
          [01:45:01]
MEANS A FIVE. 
          I THINK IT A FIVE. 
          I THINK SO. 
          ALRIGHT. 
          AND IS THIS THEIR HANDWRITING? THEIR HANDWRITING OR BUILDING OFFICIAL'S HANDWRITING? I CANNOT CONFIRM WHOSE HANDWRITING IT IS TO ME. 
          I WOULD THINK THAT IT'S THE BUILDING OF OR WELL WHERE DOCUMENT COMES THE FROM THAT'LL TELL YOU IF IT WAS IN THE CITY'S POSSESSION, CITY POSSESSION, I WOULD ASSUME IT'S THE BUILDING OFFICIALS. 
          CORRECT. 
          OKAY. 
          AND SO WHAT YOU'RE SAYING TO ME TO ON PAGE 89 OF OUR DOCKET, IT SAYS IT'S ZONING APPROVAL ONLY AND IT SAYS 35 FOOT FRONT YARD SETBACK. 
          CORRECT. 
          FOR THE FENCE ONLY. 
          OKAY. 
          AND IT SAYS FENCE ONLY. 
          MM-HMM . 
          OKAY. 
          SO THE ISSUE OF 75 FOOT WHOOP, HOLD ON. 
          THE ISSUE OF 75 FOOT PLATTED BUILDING LINE IS NEVER MENTIONED IN THIS, WHICH IS AN ERROR, BUT IT DOES SAY 35 FOOT. 
          CLEARLY IT SAYS THIS Y YEAH, IT YES SIR. 
          I'LL ASK YOU A QUESTION. 
          YES SIR. 
          IT CLEARLY SAYS 35 FOOT SHAME, SHAME ON OUR CITY STAFF FOR NOT RECOGNIZING THE 75 FOOT BUILDING SETBACK. 
          THAT'S AN ISSUE I'LL DEAL WITH SEPARATELY. 
          AND I WILL, 'CAUSE I'M GONNA GO TO THE POWERS TO BE AND SAYING WHY WAS THIS MISSED? BUT THAT'S OKAY. 
          BUT IT DOES CLEARLY SAY 35 FEET. 
          IT SHOULD A BUILDER IN ALL DUE RESPECT THAT YOU SAID 27 YEARS IN BUSINESS ABOVE BOARD TO PROTECT CUSTOMERS, BUT NEVER BUILT A WALL IN FRONT OF A HOUSE IS WHAT YOU SAID. 
          WE, WE ARE JUST NOT, THAT'S NOT OUR WHEELHOUSE. 
          IT'S JUST I UNDERSTAND. 
          WELL, WHO DO I NEED TO TALK TO? WE'RE UNCOMFORTABLE BUILDING. 
          DO I NEED TO TALK TO WHOEVER BUILT THE FENCE? NOT NECESSARILY. 
          NO SIR. 
          BUT YOU'RE IN FRONT OF US, SO YES SIR. 
          ABSOLUTELY. 
          OKAY. 
          SO I I'M, YOU'VE HEARD THIS BEFORE. 
          SO I'LL, I'LL BE THE CITY COUNCIL SETS THE STANDARD THEY DELEGATE TO THE BOARD OF ADJUSTMENT, THE AUTHORITY TO MAKE A SPECIAL EXCEPTION OR VARIANCE ON UNIQUE CIRCUMSTANCES PROPERTY BY PROPERTY. 
          AND SO THAT'S WHAT WE TRY TO DO. 
          YES SIR. 
          BUT OUR STANDARD IS WHAT IS THE CODE? WHAT IS THE CODE? THE CODE SAYS BUILDING, BUILDING LINE OR A SETBACK. 
          IN THIS CASE THE BUILDING LINE IS GREATER, WHICH MEANS THAT'S WHAT WE GO TO. 
          NOW THERE'S MISINFORMATION OBVIOUSLY BETWEEN THE 75 AND 35. 
          SO THIS ONE MEMBER CAN SAY, OKAY, WELL OUR GUEST 35 IS WHAT WE ENFORCE. 
          'CAUSE OUR CITY INCORRECTLY SAID 35, THEY SHOULD HAVE SAID 75. 
          BUT 35 IS THE STANDARD. 
          THEN IT KIND OF GOES TO MR. HAITZ WAS GOING TO AND SAYING, WHAT DO YOU NEED TO DO TO BRING THAT SIDEWALLS DOWN TO FOUR FEET AT THE 35 FOOT MARK? I KNOW THAT DOESN'T SOUND PLEASANT, BUT THAT'S WHAT WE'RE CONTEMPLATING. 
          SO THAT'S ONE ISSUE. 
          YES SIR. 
          UH, 'CAUSE IT CLEARLY SAYS 35 FOOT. 
          OKAY. 
          WHETHER OR NOT YOU OR YOUR CHOSEN SUBCONTRACTOR KNEW HOW TO INTERPRET THAT IS NOT THE SPORTS PROBLEM. 
          IT'S NOT, UM, THE OTHER TWO ISSUES ARE THE FENCE BEING BUILT IN THE FRONT YARD, RIGHT ON THE PROPERTY LINE. 
          AND ACCORDING TO OUR DOCKET OF INFORMATION, IT'S SIX FEET, FOUR INCHES, AND FIVE FEET, FOUR INCHES. 
          IT'S NOT FOUR FEET. 
          SO YOU SAID BEFORE MR. CLEMENTS SAID NO PERMIT WAS NEEDED AS LONG AS YOU WERE FOUR FEET. 
          AND YOU'RE RIGHT. 
          THAT'S ABSOLUTELY CORRECT. 
          BUT YOU DIDN'T, YOU BUILT A SIX FOOT, FOUR INCH FENCE JUST TO CLARIFY. 
          YES SIR. 
          YOU'RE RIGHT. 
          UM, BUT THAT'S WHY WE BROUGHT PICTURES DOWN. 
          'CAUSE WE THOUGHT, AND AND OUR QUESTION TO THE CITY WAS, AS LONG AS WE'RE BUILDING BACK WHAT WAS THERE? NO. 
          AND, AND SO THAT'S NEVER YEAH, WELL THAT WAS BAD INFORMATION. 
          SO, SO YOU'RE RIGHT. 
          YOU ARE CORRECT IN ASSUMING THAT YOU DON'T NEED A PERMIT AS LONG AS IT'S FOUR FEET. 
          BUT YOU BUILT SIX FEET, FOUR INCHES. 
          THE NEXT THE OPACITY BUILT A SOLID FENCE. 
          AGAIN, I SOUND LIKE I'M LECTURING AND MY WIFE SAYS TO ME, I REPEAT MYSELF ALL THE TIME. 
          SO HERE I GO. 
          THE CITY COUNCIL SETS THE STANDARD. 
          THEY SAY THAT IN THE FIRST FIVE FOOT OF ALL PROPERTY, YOU'RE NOT ALLOWED TO HAVE A SOLID FENCE PERIOD. 
          THE END UNLESS YOU GET A SPECIAL EXCEPTION FOR OPACITY. 
          AND WE TAKE THOSE VERY SERIOUSLY 'CAUSE THE COUNCIL BY AND LARGE DOESN'T WANT IT. 
          SO THEY SAY NO. 
          BUT YOU CAN GO TO THE BOARD OF ADJUSTMENT AND ASK PERMISSION. 
          HERE WE ARE. 
          AND THE REASON I WILL TAKE A WILD SWING AT THE CITY COUNCIL IS THEY DON'T WANT TUNNELING STREETS. 
          THEY DON'T WANT A STREET TO HAVE WALL AGAINST WALL. 
          THERE'S YEAH. 
          YES SIR. 
          THEY DON'T WANT STREETS. 
          THE TIMES THAT WE DO APPROVE THAT IS SIX LANE DIVIDED STREETS THAT ARE BUSY 
          [01:50:01]
THAT HAVE A NATURAL WIDTH TO THEM. 
          SO YOU DON'T HAVE A TUNNELING EFFECT. 
          SO THAT AREA IS FOUR LANES WITH A MEDIAN IN THE MIDDLE. 
          THE AREA NARROWS TO TWO LANES. 
          YEAH. 
          THERE'S WALLS ALL THE WAY DOWN THAT STREET. 
          AND YOU MENTIONED ABOUT THAT OTHER AREA. 
          YES SIR. 
          IT'S A PD IT'S A PRIVATE DEVELOPMENT DISTRICT. 
          AND THAT'S A SIDE YARD FENCE. 
          YES SIR. 
          IT'S A PRIVATE, IT'S A GATED COMMUNITY SIDE YARD FENCE, WHICH FOR THOSE THAT BUILD FENCES, UNDERSTAND THAT AS A SIDE YARD FENCE HAS A DIFFERENT CRITERIA THAN A FRONT YARD FOR THOSE THAT BUILD FENCES. 
          WE DON'T CHOOSE WHO BUILD FENCES. 
          THAT IS THE PROPERTY OWNER'S RESPONSIBILITY. 
          AND IT'S THE PROPERTY OWNER'S DECISION TO HAVE YOU ALL REPRESENT THEM TODAY AS OPPOSED TO THEMSELVES. 
          OKAY. 
          UM, SO THERE IS THE HEIGHT OF THE FRONT FENCE, THERE'S THE SOLIDNESS OF THE FRONT FENCE, OF WHICH THAT STREET DOES NOT HAVE SOLID FENCES OTHER THAN THAT SIDE YARD FENCE IN THAT PRIVATE GATED COMMUNITY. 
          IT JUST DOESN'T FROM WHAT PICTURES WE SAW. 
          AND THEN THERE'S THE VISIBILITY TRIANGLE. 
          ARE YOU FAMILIAR WITH THE VISIBILITY TRIANGLE? I'M, I'M NOT TRYING TO BE A S**T HONEST, I'LL BE HONEST WITH YOU. 
          NO, I WANT TO BE HONEST. 
          WE HAD A TRAFFIC, WE HAD A TRAFFIC STUDY AND HE TOLD US, I DON'T KNOW WHY IT'S STILL READING OUT BECAUSE HE, WE RESUBMITTED ALL OF THAT AND HE SAID THEY DID ONSITE AND WE WERE, WE WERE GOOD THERE. 
          SO I DON'T KNOW IF THOSE MEASURE, AND I DID HEAR SOMETHING ON THE BRIEFING EARLIER THAT WHETHER IT WAS OR WASN'T OR MEASURED CORRECTLY, BUT WE HAD THEM DO A SITE VISIT AND THEY SAID WE WERE GOOD TO GO. 
          WELL, ACCORDING TO WHAT THE STAFF HAS GIVEN US, YOU'RE IN VIOLATION OF THE VISIBILITY TRIANGLE. 
          AND THE REASON WHY THERE'S A VISIBILITY TRIANGLE IN THE CITY OF DALLAS IS THE CITY COUNCIL SAID SO. 
          YES SIR. 
          THEY SAID THEY THAT YOU HAVE TO HAVE THIS VISIBLY TRIANGLE AT CORNERS AND ENTRANCE AND EXITS ON THE STREETS TO PROTECT THE SAFETY OF THE PEDESTRIAN AND OF VEHICULARS. 
          AND WE DON'T SET THAT STANDARD. 
          THEY DO DELEGATE TO THE, THE BOARD OF ADJUSTMENT TO MAKE A SPECIAL EXCEPTION WHEN THERE'S A GOOD REASON. 
          BUT, BUT CAN I ASK WHAT RESULTS OF THE STUDY WERE THAT WE WERE TOLD TO HAVE MS. DIANA, I DON'T WHAT STUDY? WE DIDN'T GET A STUDY YOU GAVE. 
          THEY THEY GAVE US A, THE TRAFFIC DIVISION AND WE RESUBMITTED THAT AND THEY SAID THAT WE WEREN'T OUT OF LIMITS AND WE RESUBMITTED. 
          THAT'S NOWHERE ON OUR RECORD. 
          YEAH. 
          WE RESUBMITTED ALL OF THAT. 
          UM, I DON'T KNOW, A TRAFFIC STUDY OR A SITE PLAN THAT JUST SHOWED THE VISIBILITY TRAVELS. 
          YEAH. 
          I, WE WERE GIVEN A NUMBER TO CALL WHO CONTROLS THAT? THE TRAFFIC DAVID NOVARTIS. 
          MM-HMM. 
          AND THEY SAID WE WERE GOOD TO GO. 
          OKAY. 
          WELL YOU KNOW WHAT I'M HEARING TODAY. 
          YES SIR. 
          I'M HEARING THIS PERSON SAID THAT, BUT I CAN'T REMEMBER HIS NAME. 
          I'M HEARING THAT PERSON. 
          WELL THIS IS ALL NEW TO US, US. 
          I APOLOGIZE. 
          WELL, WE'VE NEVER BEEN IN THIS POSITION BEFORE. 
          SO, BUT YOU RESPECTFULLY, YOU SAID YOU'VE BEEN 27 YEARS IN THE BUSINESS. 
          WE DIDN'T CHOOSE WHO YOU CHOSE TO BUILD THE SIDE YARD FENCES. 
          THE FRONT YARD FENCE, THE HEIGHT OF THE FENCE AND THE VISIBLY TRIANGLE WE'RE RESPONDING TO SOMETHING THAT WASN'T PERMITTED AND IT WAS BUILT TOO TALL AND TOO SOLID AND HAS A TRAFFIC TRAFFIC RISK. 
          AND THAT'S WHERE WE'RE AT. 
          SO IF THE FIVE FOOT PORTION AND THE SIX FOOT PORTION COME DOWN AND WE DO IT TO FOUR FOOT OR DOES THAT PUT US WITHIN THE LIMITS THAT WE NEED THE CITY DESIGNATED THAT SIDE YARD, FENCES, FRONT YARD FENCES BY RIGHT FOUR FEET. 
          YES, SIR. 
          BY RIGHT? YES SIR. 
          IT'S NONE OF OUR BUSINESS. 
          YES SIR. 
          UM, THE, THE, THE, THE FIRST FIVE FEET OF THE, OF THE PROPERTY, IT CANNOT BE SOLID OTHERWISE YOU HAVE TO ASK FOR PERMISSION IN ADVANCE THE VISIBLY TRIANGLE ENTRANCE AND EXIT. 
          SO THAT LINE OF SIGHT OCCURS IS SOMETHING THE COUNCIL SAYS. 
          NO, UNLESS YOU GET A SPECIAL EXCEPTION. 
          WE'RE NOT TRAFFIC EXPERTS, BUT WE'VE DONE ONE OR TWO OF THESE. 
          YES, SIR. 
          AND WE, WE SEE THE NEED TO PROTECT PEDESTRIANS AND TRAFFIC AS PEOPLE GO IN AND OUT OF THEIR PROPERTY. 
          SO, AND ON, ON TOP OF THIS, IT'S NOT JUST A FENCE, IT'S A SOLID FENCE THAT OBSTRUCTS VISION. 
          SO WHERE I'M SITTING, I'M LOOKING AT EVERY ONE OF THESE THINGS AND I'LL GRANT YOU THIS, I'LL GRANT YOU, THAT'S 35 FOOT VERSUS 75 'CAUSE IT'S WRITTEN. 
          AND I'LL HAVE A SEPARATE CONVERSA AS FAR AS THE FRONT YARD. 
          I'LL HAVE A SEPARATE CONVERSATION WITH THE LEADERSHIP OF PLANNING AND DEVELOPMENT ABOUT WHY THIS MISTAKE WAS MADE. 
          BUT THAT DOESN'T HELP YOU, THAT HELPS YOU FROM 75 DO UP TO 35. 
          BUT SO, UM, I'M VERY DISAPPOINTED THAT THIS HAPPENED, BUT IT'S OF YOUR DOING WELL THE PROPERTY OWNER CHOSE A COMPANY TO BUILD, THE COMPANY TO BUILD, CHOSE TO. 
          SO DO YOU THINK, DO YOU THINK THAT IF THEY MISS DID THOSE PLANS THAT WE DID IT PROPERLY, DO YOU THINK THEY COULD HAVE MISSPOKE WHEN WE WENT DOWN THREE DIFFERENT PEOPLE AND THEY TOLD 
          [01:55:01]
US THAT WE WERE GOOD TO GO? DO YOU THINK THAT COULD BE THE CASE OR NO? YOU'RE, YOU'RE NICELY PROVOKING. 
          WELL, NO, NO, I'M NOT. 
          I'M JUST TELLING. 
          I MEAN, SIR, HERE'S WHAT I'M GONNA SAY. 
          YES SIR. 
          MY GUESS IS THAT'S A MULTIMILLION DOLLAR IMPROVEMENT. 
          MY GUESS IS YOU HAVE ELABORATE PLANS THAT HAVE APPROVAL STAMPS AND GREEN TAGS, YELLOW TAGS, GREEN TAGS, THAT SORT OF THING. 
          AND THERE'S THE DOCUMENTATION PROCESS, BUT THERE'S NO DOCUMENTATION AS IT RELATES TO THE SOLIDNESS OF THE FENCE, THE VISIBILITY TRIANGLE, THE HEIGHT OF THE FENCE, AND MAYBE SOME ON THIS ONE ON THE SIDE OF THE FENCE. 
          SO THERE'S ALL THIS DOCUMENTATION TO BUILD THIS MILLION DOLLAR MULTIPLE HOUSE, WHICH IS WONDERFUL, BUT NONE ON YOUR FENCES. 
          SOMETHING IS HORRIBLY AMISS. 
          WE WOULD HAVE GLADLY HAVE DONE THAT. 
          WELL THAT'S, BUT WE WERE TOLD WE DID NOT NEED TO. 
          OKAY. 
          YOU NEED TO TELL ME NAME AND NAME AND NUMBER AND I, I WILL HAVE THAT SAME CONVERSATION WITH THE LEADER OF THE PLANNING AND DEVELOPMENT AND SAY, WHY IS SOMEONE SAYING ONE THING? AND THEN HERE THEY COME IN FRONT OF US AND THIS IS NOT THE FIRST TIME, BUT AS I'M REMINDED, THERE'S HOW MANY PERMITS ISSUED EVERY YEAR, 10,000. 
          AND SO I'M REMINDED THESE MISTAKES OCCUR AND YOU TRY TO RESPOND TO IT. 
          BUT THE ONLY MISTAKE HERE IS 35 FEET VERSUS 75 FEET. 
          THE REST ARE YOUR MISTAKES. 
          I HATE TO BE BRUTAL ABOUT IT, GUYS, BUT I MEAN, WE HAVE NO WAY TO PROVE THAT THOUGH. 
          BECAUSE IF YOU DON'T HAVE TO SUBMIT A PERMIT, THEN WE'D HAVE NO DOCUMENTATION TO SHOW THAT WE TRY TO TAKE THE CORRECT STEP. 
          SO WE, THERE'S NO WAY FOR US TO PROVE THAT OTHER THAN, AND IF WE'D REMEMBERED AN NAME. 
          BUT MR. HEATH, YOU WENT THROUGH THE DOCUMENTATION PROCESS. 
          WELL I THINK OUR HISTORY BUILDING THE DON'T BUILDING THE HOME DON'T DO THIS. 
          I MEAN WE CAN PULL 10 OTHER HOUSES THAT WE DOCUMENTED FULLY AND DID EVERYTHING CORRECTLY. 
          OKAY. 
          SO WE GOT THAT INFORMATION. 
          THAT'S MY, YEAH, THAT'S MY BE I APPRECIATE THAT. 
          THANK YOU. 
          YES, SIR. 
          MS. DAVIS, I'M LOOKING AT THE FIRST MOTION AND THAT IS ABOUT THE HEIGHT OF THE FENCE. 
          SO THE EIGHT FOOT HIGH FENCE. 
          SO I'M JUST GONNA TALK FOR A LITTLE BIT LOOKING AT THIS, I DO THINK THIS IS VERY MISLEADING. 
          I THINK THEY WERE MISLED ON THAT SIDE FENCE. 
          SO IF FOR SOME REASON THE BOARD, I DON'T KNOW THAT THERE'S ENOUGH APPROVAL FOR THIS ONE, BUT I DON'T HAVE AN ISSUE WITH THE SIDE FENCE BECAUSE I THINK THEY GOT SOME BAD FEEDBACK FROM THE CITY. 
          BUT IF THIS WAS APPROVED, DOES THIS GIVE THEM THE ABILITY TO BUILD AN EIGHT FOOT FENCE IN THE VERY FRONT? SO MY INTERPRETATION, MR. BORDER ATTORNEY AND, UM, MS. BARK, WHOM IS, IT'S BASED ON SITE PLAN SUBMITTED AND THE SITE PLAN SUBMITTED ALLOW FOR BOTH THE SIX FEET, FOUR INCH FRONT YARD FENCE AND EIGHT FOOT SIDE YARD FENCES. 
          THAT'S WHAT'S BEEN SUBMITTED, CORRECT? YES, THAT'S CORRECT. 
          I, THAT'S HOW I WOULD INTERPRET IT AS WELL. 
          OR THAT, THAT'S HOW I DO INTERPRET IT. 
          I ASSUME THAT IF YOU WERE TO GRANT THIS FIRST MOTION AND DENY THE OTHERS, THAT'S HOW THE FOLKS AT MUCK WOULD INTERPRET IT AS WELL. 
          BUT YOU'D HAVE TO DIVIDE THE FIRST QUESTION, WOULDN'T YOU MR. MOORE? YOU COULD DIVIDE THE FIRST QUESTION BECAUSE THEY CAN STAND INDEPENDENTLY THE QUESTION. 
          'CAUSE THERE'S TWO FENCE HEIGHTS THAT WE'RE TALKING ABOUT. 
          RIGHT? RIGHT. 
          SO, BUT THE MOTION IMPLIES FOR BOTH. 
          RIGHT. 
          AND IF YOU WANT TO DIVIDE THAT, THAT'S FINE. 
          THE ONLY THING I WOULD SORT OF NOTE IS THAT WE'RE NOW APPROVING IT. 
          IT'S GONNA, WE'RE WE'RE NOW ASKING SOMEONE AT MACH TO INTERPRET, AND THAT'S THE PREROGATIVE OF THIS BOARD, HOW THEY WANT TO HANDLE, HOW TO INTERPRET COMPETING MOTIONS WITH SIDE PLANS THAT AREN'T FULL, THAT ARE PARTIALLY CORRECT, PARTIALLY NOT CORRECT. 
          THE ALTERNATIVE IS YOU HOLD THAT PORTION OVER AND ASK FOR REVISED SIDE PLANS BASED ON WHAT YOU THINK THE BOARD WOULD APPROVE IF AND WHEN, IF THAT'S WHERE YOU'RE WALKING. 
          ARE WE ALLOWED, WE CAN DISCUSS THIS EVEN THOUGH THERE'S NOT A MOTION. 
          WE ARE. 
          WELL, I'LL LET YOU UNTIL MY ATTORNEY TELLS ME YOU CAN'T. 
          OKAY. 
          SO I'M JUST GONNA TELL YOU HOW I'M FEELING AND IF I'M NOT ALLOWED TO SAY THIS, JUST TELL, JUST STOP ME AGAIN. 
          I DON'T HAVE AN ISSUE WITH A SIDE FENCE. 
          AND BASED ON THIS, I, I DON'T WANT TO MAKE THEM TURN THAT, TEAR THAT DOWN. 
          SO I DON'T KNOW IF THERE'S APPETITE FROM OTHER MEMBERS. 
          I'M BASED ON THIS. 
          TELL 'EM FOR THE PUBLIC, WHAT DO YOU MEAN BY THIS? OH, UH, THE, THE SITE PLAN WITH VERY, VERY SMALL SCRIBBLES ABOUT A 35 FOOT FRONT SETBACK. 
          I THINK THAT'S REALLY MISLEADING. 
          SO THIS IS, YOU KNOW, AND IF WE HAD OTHER PIECES OF EVIDENCE LIKE THIS FOR THE FENCE, FOR OTHER PART PORTIONS OF THE FENCE, THIS REALLY HELPS. 
          SO, BECAUSE I'M SEEING THIS AND BECAUSE I THINK IT'S THE CITY'S FAULT, I BELIEVE THAT THEY SHOULD BE ABLE TO KEEP THEIR SIDE FENCE UP. 
          'CAUSE IT IT'S CITY'S FAULT. 
          IF THEY MIS MISLEAD THEM THEN AND THERE'S PROOF HERE THAT THEY WERE MISLED, WELL THEN CAN WE PULL THE CAMERAS OF WHEN WE ALL WENT IN ? SO I, I AGAIN, 
          [02:00:01]
OKAY, THOSE ARE JUST MY THOUGHTS. 
          SO I'M JUST, ALL I'M SAYING IS IF THERE IS A WAY TO LET THEM KEEP THAT, SO ARE YOU, AND LOOK AT THE OTHER ONES SEPARATELY. 
          SO YOU SUGGESTING THAT THEY HAVE THE FENCE BE LEGAL UP TO THE 35 FOOT OR THE WHOLE RUN. 
          IN OTHER WORDS, SHOULD THEY KEEP THE FULL EIGHT FEET ALONG BOTH SIDES OR SHOULD THEY REMOVE THE EXTRA FOOTAGE UP BACK INTO THE 35 FOOT POINT OR THE 75 FOOT BUILDING LINE? I THINK THERE WERE, I THINK THIS WAS MISLEADING. 
          SO I HAVE NO PRO, NO ISSUE WITH THEM KEEPING THE ENTIRE FENCE UP. 
          OKAY. 
          CAN, CAN I, ON THE, ON THE SIDES. 
          ON THE SIDES, YES. 
          THAT'S MY OPINION AND I JUST WANTED TO SEE IF THAT WAS POSSIBLE TO HELP MINIMIZE THEIR DAMAGES FOR REBUILDING. 
          CAN OKAY. 
          CAN NOPE GO MR. HOPKIN IT? QUESTION? UH, YEAH, JUST CLARIFICATION. 
          WE SHOULD PUT THIS IN TERMS OF QUESTIONS. 
          UM, WELL, I'M, I'M ASKING FOR CLARIFICATION. 
          OKAY. 
          OR YOU COULD DO THAT TOO. 
          THE, THE SITE PLAN THAT YOU JUST HELD UP, WHICH IS, UH, PAGE 89 IN THE DOCKET. 
          YES. 
          I MEAN THAT'S, THAT'S A, THAT'S A, THAT'S NOT WHAT GETS FILED. 
          THAT'S SIZE DOCUMENT IS NOT WHAT GET FI FILED WITH THE CITY. 
          IS IT? THIS IS JUST FOR OUR MS. BARKUM. 
          DO YOU HAVE THE ORIGINAL DOCUMENT? THE BIG, THE BIG I DO NOT, NO, THIS WAS ELECTRONIC. 
          SO WE DON'T HAVE IT. 
          IT'S NOT THAT SIZE. 
          NO, IT'S NOT EIGHT AND A HALF. 
          I MEAN IT'S, IT'S A PDF DF DECK IS SENT TO US. 
          SO, I MEAN, IT LOOKS SMALL MS PER, IT'D BE THIS THING RIGHT? OPEN SPREAD. 
          IT'D BE A, IF THEY, IF THEY PROVIDED PAPER DOCUMENTS, YES. 
          IT WOULD BE A, A LARGER, I MEAN, WHAT LOOKS LIKE SMALL WRITING IS JUST BECAUSE THAT'S NOT TRUE THAT EVERYTHING'S UPLOADED TO THE SITE NOW. 
          IT'S NOT THAT SIZE. 
          ALRIGHT. 
          OKAY. 
          GO AHEAD MR. HOPKINS. 
          I WAS GONNA SAY, WHAT WOULD'VE BEEN LOOKED AT WOULD'VE BEEN LARGER THAN THAT. 
          AND THE, AND WHAT YOU'RE SAYING IS TINY PRINT WOULDN'T HAVE BEEN THAT TINY ON THE ACTUAL DOCUMENTS. 
          IT WOULD'VE BEEN THE DOC WHEN, WHEN IT WOULD'VE BEEN THE, YOU KNOW, YOU BLOOD BLOW THE WHOLE DOCUMENT UP AND THEN EVERYTHING'S BIGGER, INCLUDING THE NOTATIONS. 
          AM I WRONG ABOUT THAT? WELL, I THINK THE CITY HAS GONE TO ELECTRONIC FILING. 
          CORRECT. 
          SO YOU SUBMIT IT, IT'S ELECTRONIC, BUT YOU STILL CAN BLOW IT UP ON A SCREEN. 
          AND AGAIN, WE HAD, I HAD ASSERTED THAT THIS WAS A CITY DOCUMENT AND THESE ARE CITY HANDWRITING ON IT. 
          BUT WE DON'T KNOW THAT FOR FACT, WE ASSUME IT CAME FROM THE CITY SYSTEM AND IF IT DID, IT WOULD BE THE BUILDING OFFICIAL OR REPRESENTATIVE THAT WROTE THOSE THINGS. 
          CORRECT. 
          BUT I, I CAN'T, UH, CONFIRM WHAT SIZE PLAN THEY SUBMITTED BECAUSE THERE WAS A PAPER COPY BACK IN THE DAY. 
          THIS WAS PULLED OFF OF A FILE FROM THE SYSTEM. 
          RIGHT. 
          AND NOBODY'S BUILDING A HOUSE OFF OF AN EIGHT AND A HALF BY 11 PIECE OF PAPER. 
          NO, WE DON'T. 
          OKAY. 
          THAT'S TOO, WE DON'T ACCEPT THOSE OR WE DIDN'T ACCEPT THOSE. 
          OKAY. 
          ALRIGHT, SO YOUR OBSERVATION AND SUGGESTION HAS VALUE. 
          SO, UM, YOU HAVE FIVE MINUTE REBUTTAL, SIR. 
          YES, SIR. 
          UM, I MEAN, THIS IS GONNA SOUND CRAZY. 
          I'M REALLY NOT BEING FACETIOUS BECAUSE I KNOW FOR A FACT, AND YOU SAID EARLIER THAT, YOU KNOW, IN THE PRIOR CASE THAT WE LISTENED TO, YOU WANT PEOPLE TO COME UP HERE AND BE TRUTHFUL AND WE'RE BEING TRUTHFUL AS WE CAN BE. 
          THAT I TO THE POINT WHERE LIKE, I WISH WE COULD GO PULL CAMERA FOOTAGE BECAUSE ALL THREE OF US WALKED IN AND DID OUR DUE DILIGENCE AND THAT'S GOD AS MY WITNESS. 
          AND WE SWORE TESTIMONY, UH, WE DID THIS. 
          I MEAN WE DID AND WE WERE TOLD THE WRONG INFORMATION BY THE CITY. 
          I NEVER WANT TO COME IN HERE AND LEAD WITH THAT BECAUSE I KNOW THE CITY AT THAT TIME WAS EXTREMELY OVERWHELMED. 
          I MEAN, PEOPLE WERE QUITTING. 
          THE PEOPLE WE USED TO BE ABLE TO CONTACT WERE NO LONG, LONGER BE, WERE ABLE TO BE, BE CONTACTED. 
          UM, THAT, I MEAN, TO BE QUITE HONEST WITH YOU, WE VIRTUALLY SHUT THIS PROJECT DOWN FOR 45 DAYS BECAUSE THE PERMITTING SYSTEM WAS SO MESSED UP. 
          WE COULDN'T GET ANYTHING DONE IN INSPECTION OR ANYTHING. 
          I ALSO LIKE TO ADD TOO, AND THIS WAS TO KEVIN REED'S POINT, WHO'S A, WHO IS AN INSPECTOR FOR THE CITY WHO CAN VERIFY OUR CHARACTER AND WHO WE ARE AND, AND HOW WE GO ABOUT BUILDING ZONING WAS OUT THERE MULTIPLE TIMES INSPECTING THIS PROPERTY. 
          I MEAN THIS IS A $200,000 MISTAKE THAT WE'RE GONNA HAVE TO EAT. 
          AND THEY, IT WAS BUILT SIMULTANEOUSLY WITH THE BUILDING. 
          ZONING WAS OUT, OUR BLOCK INSPECTIONS WERE OUT. 
          ALL OF OUR INSPECTIONS PASSED WITH FLYING COLORS. 
          I MEAN, YOU HAVE A FEW MISTAKES HERE AND THERE AND YOU, YOU GO BACK AND FIX THEM. 
          BUT MULTIPLE MEMBERS OF THE CITY OF DALLAS SAW THIS WALL BEING BUILT THE ENTIRE TIME WE WENT TO THE CITY. 
          WE DID OUR DUE DILIGENCE. 
          WE PERMITTED THE FENCE THAT WE HAD TO GET PERMITTED 'CAUSE IT WAS EIGHT FOOT, WE WERE TOLD ONE THING AND MULTIPLE INSPECTORS ZONING. 
          EVERYBODY SAW THIS BEING BUILT. 
          IT WASN'T UNTIL THE 11TH HOUR WHEN WE'RE GETTING FINAL READY TO MOVE HER PARENTS IN THAT WE GOT A COMPLAINT OVER A DISPUTE OVER A TREE THAT WE WERE TOLD WE WERE LITERALLY TWO OR THREE DAYS AWAY FROM MOVING IN. 
          AND NONE OF THIS BEING AN ISSUE. 
          AND THAT, AND THAT'S 
          [02:05:01]
JUST THE TRUTH. 
          AND AGAIN, I MEAN YOU CAN GO PULL OUR RECORDS. 
          WE HAVE, YOU KNOW, I'M GONNA TAKE BLA I'VE LISTEN, I'VE TAKEN IT ON THE CHIN A HUNDRED TIMES ON THINGS WE MESSED UP AND WE GOTTA EAT IT AND MOVE ON. 
          BUT I, I CAN JUST ONLY TESTIFY TO YOU GUYS THAT WE DID EVERYTHING IN OUR POWER TO DO THIS CORRECTLY. 
          UH, ALL THE WAY TO BRING, WE COULD HAVE BUILT THE WALL OURSELVES A HUNDRED IN MY SLEEP. 
          I COULD BUILD THE WALL. 
          WE BROUGHT AN EXPERT. 
          THEY HAD THE SAME EXPERIENCE WITH THE CITY AS, AS WE DID. 
          I MEAN NO, THAT'S, I SAID ALL THAT. 
          I MEAN, YEAH, THE PORTAL CHA YOU KNOW, AND AGAIN, I'M NEVER GONNA POINT FINGERS. 
          I MEAN I KNOW THE PEOPLE FOR THE CITY PROBABLY DON'T GET PAID ENOUGH TO DEAL WITH CONTRACTORS THAT ARE BAD. 
          BUT WE TRY TO SET OURSELVES UP IN A WAY THAT WE'RE NOT IN THIS POSITION WITH, YOU KNOW, THE COMMUNITY, THE OWNER OR THE CITY. 
          AND, AND THIS IS A FIRST FOR US AND YOU KNOW, BUT, UH, I MEAN I THINK EVERY CONTRACTOR IN THIS TOWN CAN ATTEST TO THE CITY WAS GOING THROUGH A LOT OF BIG CHANGES AT THE TIME THAT THIS PROJECT WAS GOING ON. 
          AND I THINK THIS IS MORE THAN ONE, I THINK THAT'S MORE THAN ONE OF ME THAT HAVE HAD STUFF SLIPPED THROUGH THE CRACKS DURING THIS TIME OF CHANGE AND PORTAL SYSTEMS AND A LOT OF EMPLOYEE CHANGE. 
          I MEAN IT'S, IT'S JUST A FACT. 
          SO THANK YOU SIR. 
          UM, I DUNNO. 
          I DON'T THINK SO. 
          ALRIGHT, SO, UM, SO I DON'T KNOW IF THIS IS TO MS. BARKUM OR MR. THOMPSON. 
          WE HAVE SEVERAL ISSUES HERE. 
          EXCUSE ME. 
          WE HAVE THE SIDE YARD FENCES TO THE STREET. 
          WE HAVE THE HEIGHT OF THE FRONT FENCE, THE OPACITY OF THE FRONT FENCE AND THE, AND THE, UM, VISUAL, THE UM, VISIBILITY TRIANGLE SIDE YARD FENCES. 
          MR. THOMPSON, ON PAGE 89 OF OUR DOCUMENT, IT SHOWS UM, A ZONING ONLY APPROVAL AND I DON'T UNDERSTAND WHAT IT MEANS BY ZONING ONLY APPROVAL. 
          SO YOU CAN TELL ME THAT. 
          AND THEN IT'S GOT OTHER HANDWRITTEN NOTATIONS ON IT. 
          WOULD YOU FURTHER CLARIFY? YES. 
          SO UPON FURTHER RESEARCH, UH, THE UM, PERSON WHO, UM, PUT THE INFORMATION ON THEIR LONGER, NO LONGER WORKS WITH THE DEPARTMENT THAT ISSUES FENCES. 
          UH, FIRST YOU GUYS WENT TO ROOM ONE 18, NOT ROOM 1 0 5. 
          SO IF YOU WENT IN FOR QUESTIONS, IT WAS IN THERE. 
          UM, BASED ON WHAT, SPEAKING WITH THAT PERSON, THEY ALSO TOLD YOU THAT YOU COULD NOT BUILD ABOVE FOUR FEET IN THE FRONT YARD SETBACK. 
          SO, WELL YOU CAN SHAKE YOUR HEAD NO, BUT AGAIN YOU CAN, YOU CAN ACCEPT SOME OF IT OR ALL OF IT. 
          SO THEY TOLD YOU YOU COULD BUILD FOUR FEET UP IN THE FRONT YARD. 
          AND SO THE REASON WHY THEY PUT THE 35 FEET ON THERE BECAUSE THE BASE SEWING IS 35 FEET TO A FRONT YARD. 
          SO THAT WOOD FENCE THAT WAS ALLOWED FOR EIGHT FEET WAS TO BE FROM THE 35 FEET ALL THE WAY BACK TO THE BACK OF THE PROPERTY LINE. 
          ALONG THE BACK PROPERTY AND THEN BACK UP MR. THOMPSON, NOTHING IN FRONT OF THAT 35 FEET. 
          HOLD THAT THOUGHT RIGHT THERE. 
          AND THE REASON WHY THAT PERSON CAME UP WITH 35, IS THAT STANDARD FOR R 16 A ZONING? YES. 
          THAT'S WHY IT'S 35 FEET. 
          OKAY. 
          YES. 
          'CAUSE THIS IS AN R 16. 
          CAN I ASK A QUICK QUESTION JUST FOR MY OWN KNOW, OWN KNOWLEDGE? SO THE OPACITY, WE'RE NOT TALKING ABOUT OPACITY I KNOW, I, I KNOW, BUT IT KIND TO TOGETHER. 
          YES SIR. 
          WE'RE WE'RE TALKING ABOUT THE SIDE YARD FENCES. 
          SO AGAIN, THE 35 CAME FROM R 16 DEFAULT. 
          YES. 
          THAT PERSON, YOU DON'T JUST GRAB THAT NUMBER THAT CAME FROM THE BASE ZONING. 
          THAT IS CORRECT. 
          OKAY. 
          SO IT WAS AN ERROR. 
          IT SHOULD HAVE BEEN 75 FEET. 
          SO IT CLEARLY, FOR ANYONE, I MEAN CLEARLY, WHICH SHOULD HAVE BEEN 75, BUT SHE APPARENTLY DIDN'T LOOK AT THE PLATTED BUILDING LINE. 
          WE'RE GUESSING. 
          AND AND FOR THE RECORD, JOEL CRUZ IS NOT AN ASSISTANT DIRECTOR, SO I DON'T KNOW WHY THEY CAN'T GET IN CONTACT WITH JOEL BECAUSE HE'S EASILY TO FIND STILL. 
          I DON'T KNOW IF HE DOESN'T HAVE THE SAME CELL PHONE. 
          I HAVE A CELL PHONE NUMBER IN MY PHONE RIGHT NOW. 
          I CAN SHOW YOU, BUT I DON'T KNOW IF HE HAS THE SAME CELL PHONE NUMBER. 
          BUT HE'S ASSISTANT DIRECTOR. 
          SO IF YOU SPOKE WITH HIS DISTRICT OFFICE, WHICH IS WHAT YOU WAS DEALING WITH, WHICH WAS THE NORTHWEST, I DON'T UNDERSTAND WHY THEY WOULDN'T TELL YOU THAT JOEL IS NOW AN ASSISTANT DIRECTOR. 
          WELL, I JUST HAD HIS CELL PHONE THAT WENT STRAIGHT TO HIS PHONE AND HE WOULD ACTUALLY PICK UP. 
          OKAY. 
          ALL. 
          SO, UM, ANYTHING ELSE THAT YOU CAN GIVE US REGULATING TO PAGE 89 TO AND TOPO SURVEY WITH THAT STAMP? ANY OTHER CITY STAFF DID PUT THAT INFORMATION ON THERE. 
          SO THAT WAS NOT HANDWRITTEN BY THAT'S GOOD. 
          ANYONE OUTSIDE? YES, THE BUILDING OFFICIAL AND THEY'RE, AND THEY'RE NO LONGER WITH THE DEPARTMENT. 
          WELL I GET THAT, BUT WE HAVE TO LIVE WITH WHAT THE BUILDING OFFICIAL DOES OR DOESN'T DO CORRECTLY OR INCORRECTLY. 
          THERE ARE TIMES WE OVERRULE THE BUILDING OFFICIAL. 
          THERE ARE TIME WE HOLD OUR NOSE THERE. 
          TIME WE AFFIRM. 
          SO, BUT IT WAS YOUR, THE BUILDING OFFICIAL STAFF THAT WROTE THIS? YES. 
          AND 
          [02:10:01]
AND THAT PURPOSE WAS AGAIN, TO NOTHING TO BE IN FRONT OF THE 35 FEET. 
          EVERYTHING WAS TO BE BEHIND. 
          SO THAT EIGHT FOOT WAS TO BE FROM THAT 35 FEET BACK. 
          NOT ANYTHING FORWARD. 
          OKAY. 
          I HEAR YOU. 
          ANYTHING ELSE YOU WANT TO TELL? ANY OTHER QUESTIONS REGARDING THIS DOCUMENT THAT STAFF HAS? PAGE 89 AND TO AND TO MR. HVI? UM, YES. 
          WE RECEIVE PLANS, WHETHER IT BE EIGHT AND A HALF BY 11, 11 BY 1724 BY 36 OR WHATEVER. 
          UM, YOU CAN ASK PRETTY MUCH ANY BUILDER, THEY'RE GONNA TAKE A LOOK AT THOSE DIMENSIONS AND BUILD IT. 
          THEY'RE NOT NECESSARILY GONNA PUT A SCALE ON THERE AND TO DO IT. 
          AND THAT'S THE REASON WHY FENCE PERMITS ARE OFTEN ALLOWED TO BE USED OFF OF A SURVEY OR SOMETHING ALONG THOSE LINES. 
          'CAUSE THEY JUST PUT XS ON THERE AND WE TRY TO GET 'EM OUT THE DOOR AS QUICKLY AS POSSIBLE. 
          SO, AND IS THE FENCE PERMIT GREEN TAGGED OR ISSUED AND DONE? UH, IT'S ISSUED AND THEN IF SOMEONE GOES OUT AND DOES INSPECTION, SO THAT DISTRICT OFFICE WILL GO OUT AND TAKE A LOOK AT THE FENCE. 
          SO THAT BEGS THAT QUESTION. 
          SO IF IT WAS ISSUED, WOULD THAT LANGUAGE ON IT? DID SOMEONE NOT GO OUT AND INSPECT IT AND SAY, WAIT A MINUTE GUYS, THE THE NAMES THAT THEY HAVE MENTIONED KEVIN REED, JOEL CRUZ WORK IN THAT AREA. 
          SO I DON'T KNOW WHAT RELATIONSHIP THEY HAVE TO SAY THAT WHEN PEOPLE GO OUT THERE AND TAKE A LOOK AT THOSE FINAL PERMITS FOR FENCE. 
          OKAY, DID YOU WANT TO DO EITHER YOU WANNA RESPOND TO MY REQUEST FOR PROFESSIONAL INFORMATION ON THIS PARTICULAR DEAL? I JUST WANTED TO ADD, ADD ONE THING THAT YES, ROOM ONE 18, WE USED TO HAVE TO TAKE FULL SIZE THREE BY TWO PLANS DOWN THERE. 
          WE COULD DO A SAME DAY PERMIT THROUGH THAT OFFICE AND WE WOULD SIT THERE FOR TWO HOURS, WAIT ON 'EM. 
          THEY WOULD COME OUT AND DO THE WHOLE THING AND PERMIT THE HOUSE THAT DAY. 
          AND WE, THEY DID AWAY WITH THAT WHEN Y'ALL WENT PORTAL? NO, NO, NO. 
          OKAY. 
          SO HOUSES ARE DONE IN ROOM 1 0 5. 
          PERMITS ARE FOR FENCES THAT ARE DOING ROOM ONE 18. 
          ONE 18 IS WHERE WE WOULD GO SIT DOWN AND GET QUESTIONS ANSWERED AND TURN IN THE BIG SETS OF PLANS. 
          FOR A FENCE FOR NO, FOR A FENCE FOR THE VI FOR THE WHOLE VIP TREATMENT ON ONE 18. 
          YOU R-S-V-I-P APARTMENTS ARE IN ONE 18 ALSO. 
          OKAY. 
          IT'S IN ROOM 1 0 5 FOR RESIDENTIAL 1 0 5 IS THE FRONT. 
          WHENEVER YOU WALK IN BY THE VENDING MACHINES, WHEN YOU GO DOWN THE HALLWAY TO THAT END AND THERE'S SOME GLASS, LITTLE FIELDS OF GIRLS SIT THERE, YOU WALK UP TO 'EM AND ASK TO SPEAK TO SOMEONE FOR AN RSV APPOINTMENT AND THEY COME OUT AND YOU HAVE TABLES IN THERE AND THEY ROLL THE PLANS OUT, THEY TAKE 'EM BACK FOR AN HOUR AND A HALF AND THEN THEY BRING YOU BACK OUT, SIT DOWN WITH YOU AND APPROVE YOUR PLANS AND YOU PAY FOR YOUR PERMITS THE SAME DAY Y'ALL HAD THAT SET UP UNTIL YOU WENT PORTAL. 
          NOW WHEN ALL THIS WAS GOING ON, Y'ALL WERE SWITCHING TO PORTAL AND Y'ALL HAD NO INSPECTORS WE WOULD CALL INSPECTIONS IN IT WOULD TAKE THREE WEEKS, FOUR WEEKS INSPECTIONS WERE NOT GETTING DONE. 
          Y'ALL HAD A LACK OF PEOPLE. 
          THERE WAS SO MUCH MISINFORMATION AT THE CITY. 
          WE WERE GETTING TOSSED TO THIS ROOM, THAT ROOM, THIRD FLOOR. 
          NOBODY HAD A CLUE WHAT TO TELL US TO DO. 
          SO WE WERE BEING PASSED AROUND AT JEFFERSON STREET IN MULTIPLE, MULTIPLE ROOMS. AND WE DID ASK THE QUESTIONS ON ALL OF THIS. 
          WE TOOK THE FOUR FOOT FENCE THAT WAS EXISTING. 
          IT STEPPED UP TO FIVE AND STEPPED UP TO SIX IN PICTURES. 
          AND WE DID CLARIFY WITH THE PEOPLE WHEN WE BUILT THIS BACK, COULD WE DO THESE EXACT SAME THING? YES. 
          THAT'S WHAT WE WERE TOLD. 
          THEN WE ALSO HAD INSPECTORS INSPECT THESE FENCES. 
          BOTH SIDES. 
          THEY PASSED THE EIGHT FOOT FENCES ALL THE WAY TO THE FRONT. 
          NOBODY FAILED IT. 
          WHY WAS THAT NOT FAILED? IF IT WAS NOT PERMITTED ON OUR PERMIT? OUR SITE PLAN SHOWED THE FENCES ACROSS THE FRONT, ALL THE WAY DOWN THE SIDES. 
          THEY WERE STAMPED BY THE CITY. 
          WE BUILT EVERYTHING ACCORDING TO WHAT WE WENT IN AND TALKED TO PEOPLE ABOUT. 
          I'M SORRY THIS THE CITY OF DALLAS FAILED YOU IN THOSE AREAS. 
          WELL I UNDERSTAND, BUT I'M JUST SAYING WE DID OUR DUE DILIGENCE WITH JEFFERSON STREET. 
          I WENT OVER THERE A HUNDRED TIMES 'CAUSE NOBODY ANSWERS THE PHONE. 
          I I I HEAR YOU. 
          OKAY. 
          BUT THE EXAGGERATION OF WHAT WE'RE DOING ALRIGHT, IS THE CITY OF DALLAS YES. 
          HAS MADE SOME ERRORS, BUT SOME OF THE THINGS THAT YOU'RE SAYING ARE INCORRECT AND I'M JUST NOT GONNA STAND FOR THAT AS WELL. 
          OKAY? A HUNDRED PERCENT TRUE. 
          ALRIGHT. 
          OH, OH, OKAY. 
          HOLD ON, HOLD ON. 
          CLEARLY THERE'S SOME MISINFORMATION AND AS I SAID BEFORE, THERE ARE MANY TIMES WE AFFIRM WHAT THE CITY OFFICIAL DOES, EVEN THOUGH IT'S WRONG. 
          THERE ARE TIMES WE REVERSE THE CITY OFFICIAL WHEN THEY'RE WRONG. 
          UM, AND THERE ARE TIMES WE HOLD OUR NOSE. 
          SO THE BOARD MOMENTARILY WILL MAKE A DECISION AS IT RELATES TO THE SIDE YARD FENCE ISSUE. 
          I DO SEE MISINFORMATION HERE. 
          UM, NOW IT'S UP TO THE BOARD TO DECIDE TO WHAT LEVEL THAT RISES TO. 
          ALRIGHT, I, BOY, HERE I GO. 
          IS THERE ANYTHING ELSE YOU WANT TO COMMENT? AND I'M ASKING YOU TO COMMENT. 
          YOU DIDN'T ASK TO COMMENT, I ASKED YOU TO COMMENT. 
          IS THERE ANYTHING ELSE THAT, THAT YOU WANT TO COMMENT ABOUT? PAGE 89? NOT AT THIS TIME, NO. 
          OKAY, GOOD. 
          AND I PROMISE YOU GENTLEMEN, I'M GONNA HUNT LIKE A DOG ON THIS WITH THE POWERS THAT BE. 
          [02:15:01]
AND I'M GOING RIGHT TO THE TOP AND I'M GONNA USE THIS, AN EXAMPLE AND IT'LL FLUSH OUT WHO ALL TALKED TO WHO, WHEN AND WHERE. 
          BUT OKAY, I'LL DO IT WITH A SMILE. 
          ALRIGHT, SO I SAID PANEL, WE HAVE FOUR ISSUES. 
          WE HAVE THE HEIGHT OF THE SIDE YARD FENCES. 
          THAT'S WHAT WE JUST DISCUSSED. 
          WE HAD THE ISSUE OF THE HEIGHT OF THE FRONT FENCE BY, RIGHT, IT'S FOUR, IT'S AT SIX FEET, FOUR INCHES. 
          THEN WE HAVE THE OPACITY ISSUE, THEN WE HAVE THE, UM, VISIBILITY TRIANGLE. 
          SO WHICH ISSUE DO WE WANT TO TAKE NEXT? CAN I ADD ONE THING BEFORE WE GO THERE? OH MY GOD. 
          FENCE IS NOT SIX FOOT ACCORDING TO THE PLANS THAT YOU SUBMITTED, SIR. 
          20% OF THE FENCE. 
          UH, DOES IT MATTER? DOESN'T MATTER. 
          UH, IT'S FOUR. 
          SO I GUESS WHAT, OKAY, GO AHEAD. 
          IT, THE PLANS YOU SUBMITTED ARE SIX FEET, FOUR INCH HIGH AT THE PEAK RIGHT THERE. 
          JUST THAT THEY APPROACH, SIR. 
          I'M JUST SAYING. 
          I KNOW AND I'M SAYING, OKAY, THIS IS 200 FEET. 
          OH, I, I'M GONNA BE, IT'S CLEAR THAT THE APPLICANT DOESN'T KNOW WHAT THEY'RE TALKING ABOUT WITH FENCES. 
          I HATE TO BE BRUTAL. 
          GENTLEMEN. 
          THE STANDARD FOR THE CITY OF DALLAS ON FENCE MEASUREMENTS AT THE PEAK OF THE FENCE AND IT CL YOUR PLANS RIGHT HERE. 
          YOUR PLANS THAT CAME TO US IS SIX FEET, FOUR INCHES AT THE TOP OF THAT LANTERN THAT YOU PUT ON. 
          NO ONE TOLD YOU TO PUT A LANTERN ON OR NOT. 
          AND THERE'S ANOTHER FIVE FOOT FOUR INCHES. 
          THE STANDARD SAYS FOUR FEET. 
          OTHERWISE YOU NEED A SPECIAL EXCEPTION. 
          AND YOU CAN DISAGREE WITH THAT ALL YOU WANT, BUT THAT'S THE STANDARD. 
          AND THERE'S NO ZONING APPROVAL ON THIS PARTICULAR ONE. 
          IT'S RIGHT HERE. 
          IT WAS BUILT WITHOUT A PERMIT. 
          AND YOU ALL ADMITTED MR. CLEMENTS, THAT YOU DIDN'T NEED A PERMIT AS LONG AS IT IS FOUR FEET AND IT'S SIX FEET, FOUR FEET. 
          SO TELL ME HOW THOSE TWO COMMENTS CORRELATE. 
          WE SUBMITTED IT'S FOUR FEET ALL THE WAY ACROSS THE FRONT YARD. 
          I'M SORRY, YOU GUYS NEED TO GET ON THE MICROPHONE. 
          OKAY. 
          BECAUSE SHE NEEDS TO BE ON THE RECORD. 
          YES. 
          ALRIGHT, SO HOLD ON GENTLEMEN. 
          OKAY. 
          CAN YOU PLEASE TURN ON YOUR MICROPHONES PLEASE? YEAH. 
          ALRIGHT. 
          SO THE PLANS THAT ARE SUBMITTED, BOARD MEMBERS, THE PLANS THAT ARE SUBMITTED SHOW A FENCE, A SOLID FENCE, SIX FEET, FOUR INCHES AT THE HEIGHT. 
          HOW DO WE WANT TO HANDLE THE ISSUE OF THE, THE FRONT YARD FENCE STUDENT OPINION? DO YOU HAVE QUESTIONS AS IT RELATES TO THAT? MS. DAVIS? YOU WANT MY OPINIONS? OKAY. 
          YES. 
          SO I'M JUST LOOKING AT THIS. 
          I MEAN, IT LOOKS LIKE IF THEY BROUGHT IT, IF THEY GOT RID OF THE LANTERN, HOW CLOSE WOULD THEY BE TO FOUR FEET? NOW I KNOW SOME OF IT IS STEPPED UP, BUT ALL OF THIS HERE. 
          IS THIS FOUR FEET? YES. 
          FIVE FEET, FOUR INCHES. 
          BUT THAT'S WITH THE LANTERN, CORRECT. 
          SO IF THEY GOT RID OF THE LANTERN, THEY'D IS THE LANTERN A FOOT AND FOUR INCHES? YEAH. 
          SO IF YOU TAKE, IF THE WHOLE WALL, 90% OF THE, AND THAT, AND THAT'S THE EQUATION ALL WE'RE TRYING TO GET TO, OBVIOUSLY WE WANT TO BE IN COMPLIANCE WITH THE CITY. 
          SO IF THE SUGGESTION IS GONNA BE FIX THE WALL, THE 95 PER 90% OF THE WALL IS FOR AT FOUR FEET. 
          IF YOU TAKE OFF THE WA I MEAN THE LANTERN IS WHAT SCOOTS THAT PORTION UP. 
          THE ONLY THING THAT WE BUILT AS FAR AS THE SOLID BLOCK WALL ABOVE THAT IS WE FOLLOWED THE STEP UP PRIOR AND WE STEPPED IT UP TO FIVE FEET, THEN SIX FEET. 
          AND AS AN ENTRANCE. 
          I I I HEAR YOU. 
          BUT YES SIR, ANYTHING OVER FOUR FEET IS, IS NOT CONSISTENT WITH CODE. 
          SO I GUESS I I WOULD'VE ASK YOU TO TAKE THIS INTO CONSIDERATION IF WE DID HAVE TO FIX IT. 
          IS IT THE ENTIRE WALL, $200,000 HAS TO COME DOWN? OR DO WE NEED TO, CAN WE FIX THE FIVE FOOT, SIX FOOT STEP UP TO BE FOUR? SO MS. DAVIS, OKAY, SO I'M GOING TO, I I, I DON'T LIKE HOLDING THINGS OVER, BUT WE COULD HOLD IT OVER SO THAT THEY COULD COME UP WITH A NEW, NEW SITE PLAN THAT SHOWS US FOUR FEET WITHOUT THE, UM, WITHOUT THE LANTERNS. 
          OR MAYBE IT'S A TINY BIT OF A FOUR FEET, BUT IT'S NOT SIX FEET. 
          I'M FINE WITH THE SIDE FENCE. 
          I HAVE NO ISSUE WITH THE SIDE FENCE. 
          I THINK THERE WAS SOME CONFUSION WITH THE SIDE FENCE. 
          I AGREE THAT SOME FUNKY THINGS HAPPENED IN THE CITY AND Y'ALL DIDN'T REALLY FULLY UNDERSTAND WHAT YOU NEEDED TO DO. 
          SO BOTH, BOTH THINGS ARE GOING ON THERE. 
          SO I WOULD PROPOSE WE HOLD IT OVER. 
          I WOULD LET THEM KEEP THE SIDE FENCE, TAKE THE, THE FRONT FENCE DOWN TO FOUR FEET, BUT LET THEM SHOW THE SITE PLANS TO DO THAT IF THAT'S NECESSARY. 
          THOSE ARE MY THOUGHTS. 
          THAT'S AGREEABLE ON OUR SIDE. 
          OKAY. 
          WHAT MR. DORN, WE HAVEN'T ADDRESSED THE OPACITY YET, OR THE VISIBLY TRIANGLE EITHER. 
          OH YES, YOU DO. 
          FOUR, IT'S, NO, NO. 
          OPACITY IS IN THE FIRST FIVE FEET OF THE PROPERTY. 
          FIRST FIVE FEET OF THE PROPERTY HAS TO BE NO MORE THAN 50% COVERED. 
          MR. DORN. 
          SO MR. CHAIRMAN, IT WOULD'VE BEEN NICE IF THE OWNERS HAD BEEN HERE. 
          THEY'RE OUT, THEY'RE OUT OF THE COUNTRY. 
          I APOLOGIZE. 
          THAT IS THEIR CHOICE. 
          OKAY. 
          OKAY. 
          THAT IS THEIR CHOICE. 
          CAN I FINISH MY STATEMENT? YES, SIR. 
          OKAY. 
          THEY APPEAR TO BE OWNERS OF MORE THAN 10 PROPERTIES IN THAT GENERAL AREA. 
          SO BY DEFINITION I WOULD CALL THEM 
          [02:20:01]
REAL ESTATE EXPERTS, WHICH MEANS, AND THEY'VE DONE CONSTRUCTION, SO THEY WOULD BE ABOVE AVERAGE IN KNOWING WHAT CAN BE DONE AND WHAT CANNOT BE DONE. 
          THAT'S MY MY STATEMENT. 
          I AGREE. 
          THANK YOU. 
          THANK YOU, MR. HAITZ. 
          I'M, UH, WILLING TO GIVE AN OPPORTUNITY FOR THEM TO COME UP WITH A DIFFERENT PLAN. 
          I'M, UH, I'M NOT OKAY WITH THE, WITH THE 35 FOOT FRONT, UH, ALL THE WAY UP EIGHT FEET PARTICULARLY, UH, SINCE THERE'S ALSO NEIGHBORING OPPOSITION TO THAT. 
          UM, IT ALSO DOESN'T APPEAR TO BE FROM THE DRIVE THROUGH THAT WE SAW IN, IN THE CHARACTER OF WHAT OTHER, MOST OF THE OTHER HOUSES HAVE. 
          UH, I'M WILLING, I'M WILLING TO GIVE SOME CONSIDERATION ON THE OPACITY ISSUE. 
          IF THE, IF THEY'RE GOING TO HAVE TO DO SOMETHING WITH THE FIVE AND SIX FOOT PORTIONS, THEN THEY SHOULD BE ABLE TO CORRECT THE VISIBILITY TRIANGLE. 
          'CAUSE THAT'S WHERE THE VISIBILITY TRIANGLE IS. 
          UM, I, I'M, UM, I'M NOT ASKING YOU WHY, BECAUSE, BECAUSE YOU'RE ENTITLED TO DO YOUR PRESENTATION HOW YOU WANT, BUT YOU BROUGHT THE GUY WHO HAS BUILT THE FENCE, BUT HE'S NOT TALKING TO US. 
          UM, DON'T KNOW WHY YOU MADE THAT CHOICE, BUT THAT WAS, THAT WAS YOUR CHOICE TO MAKE AND THAT THAT'S OKAY. 
          BUT, UM, HE REALLY JUST HAS ALL, WELL, HE'S HERE SAME INFO. 
          I UNDERSTAND YOU, YOU CHOSE NOT TO HAVE HIM TESTIFY. 
          UH, I'M WILLING, I'M WILLING TO GO ALONG AND GIVE YOU AN OPPORTUNITY TO COME BACK WITH A DIFFERENT PLAN AND GIVE AND GIVE YOU A HOLDOVER. 
          UH, BUT I THINK YOU, I THINK THERE NEEDS TO BE SOME CHANGES MADE. 
          YES, SIR. 
          MS. DAVIS, I'M SORRY, I CAN'T FIND IT ON HERE. 
          HOW FAR FROM THE PROPERTY LINE IS THE FRONT YARD FENCE? HOW MANY FEET? FIVE FEET. 
          IT'S RIGHT. 
          LIKE IT'S RIGHT THERE BY THE SIDEWALK. 
          LIKE OKAY. 
          CURB SIDEWALK. 
          SO THERE'S ABOUT, THERE'S ABOUT SIX FOOT OF LANDSCAPE IN FRONT OF THAT WALL. 
          YEAH. 
          SO IF IT'S, IF THE FENCE LANDSCAPES BEHIND THE WALL, NO, IT'S NOT. 
          THERE'S ALSO SOME IN FRONT, THERE'S LANDSCAPING FRONT AND BEHIND AND BEHIND. 
          SO IF THEY CAN MEASURE IF WE CAN, OR, OR MAYBE THEY'RE ON THE SIDE PLANES, BUT THIS IS ALL SO SMALL I CAN'T READ IT. 
          SO IF IT, IF IT IS MORE THAN FIVE FEET, THEY DON'T, DON'T NEED TO WORRY ABOUT OPACITY. 
          IF THEY BRING IT DOWN TO FOUR FEET, IT HIGH. 
          YEAH. 
          I MEAN, AGAIN, WE PUT IT EXACTLY WHERE THE OLD FENCE WAS. 
          SO IF WE CAN SEE THAT, WOULD YOU PLEASE TURN OFF YOUR MICROPHONE? OH, SORRY. 
          I, IF WE CAN SEE THAT, I THINK THAT WOULD HELP YOUR CASE. 
          I MEAN, YOU, YOU'VE HEARD US TALKING. 
          I'M FINE WITH A SIGN SIDE YARD OR THE SIDE FENCE. 
          CERTAIN PANELISTS ARE NOT AND THAT'S FINE. 
          SO MAYBE YOU WANNA MAKE SOME ADJUSTMENTS TO THE SIDE THERE. 
          YOU CAN HAVE A SIDE FENCE AT FOUR FEET, EVEN IF IT GOES PAST THE, THE HOUSE. 
          CORRECT. 
          OKAY. 
          NOT WITHOUT A SPECIAL EXCEPTION FROM US. 
          AH, OKAY. 
          SO AGAIN, THESE ARE ALL THINGS WE CAN TALK ABOUT, BUT THEY, THEY COULD HAVE A FOUR FEET, THAT STUCCO WALL, AS LONG AS IT IS FIVE FEET BACK FROM THE PROPERTY LINE. 
          SO, WHICH ISSUE YOU'RE TALKING ABOUT THE, THE LOCATION OF THE FENCE AND THE HEIGHT OR THE OPACITY OF THE FENCE. 
          WELL, THEY DON'T HAVE TO WORRY ABOUT OPACITY IF IT'S MORE THAN FIVE FEET. 
          CORRECT. 
          BACK AND IT'S ONLY FOUR FEET. 
          CORRECT. 
          SO THAT'S THE THING, IT'S ONLY FOUR FEET. 
          AND THEN YOU'VE GOT THE VISIBILITY TRIANGLE. 
          SO MAYBE THERE'S SOME WAYS THAT YOU CAN MINIMIZE THE COST. 
          BRING THAT. 
          I'M NOT A BUILDER. 
          I DON'T, I I DON'T EVEN KNOW HOW THIS WOULD, BUT, SO IF, WOULD YOU LIKE TO MAKE A MOTION? YES. 
          MY MOTION IS TO HOLD OVER A CASE. 
          ALRIGHT, SO GO AHEAD AND READ INTO THE RECORD. 
          LET ME FIND, DO THE SEPTEMBER ON, DO THE SEPTEMBER DATE. 
          WHAT'S THE SEPTEMBER MEETING? HANG ON. 
          DANG. 
          OKAY. 
          I DON'T THINK THERE'S ENOUGH TIME. 
          I DON'T THINK THERE'S ENOUGH TIME FOR THE AUGUST MEETING I GIVE THEM. 
          YEAH, I WOULD WAIT A COUPLE MONTHS. 
          YEAH. 
          OKAY, GO AHEAD. 
          SEPTEMBER SENSE. 
          WHEN IS THE SEPTEMBER MEETING? SEPTEMBER 15TH. 
          IF THAT'S WHAT YOU'D LIKE TO PROPOSE. 
          ALRIGHT, I CAN GO AHEAD. 
          YEP. 
          YOU ALL YOU HAVE TO READ IS ONE OF THREE AND ALL OF 'EM WILL VOTE. 
          ALL RIGHT. 
          AND THEN, THEN WE'LL HAVE DISCUSSION ON THE MOTION. 
          OKAY. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 2 6 HOLD THIS MATTER UNDER ADVISEMENT UNTIL SEPTEMBER 15TH IN THE MATTER OF BO OA 2 6 0 0 0 0 2 6. 
          MS. DAVIS HAS MOVED THAT WE HOLD THIS UNDER ADVISEMENT UNTIL 9 15 26. 
          IS THERE A SECOND? SECOND. 
          IT'S BEEN MOVED AND SECONDED, UH, MS. DAVIS DISCUSSION OF THE MOTION. 
          UM, I I JUST WANNA GIVE THEM THE OPPORTUNITY TO COME BACK AND MAKE SOME ADJUSTMENTS. 
          IF YOU CAN FIND ANY OTHER EVIDENCE, THAT'S GREAT. 
          BUT YOU'VE HEARD OUR DISCUSSION. 
          GO BACK AND LOOK AT THE CRITERIA. 
          IF IT'S BEHIND FIVE FEET, IT CAN BE FOUR FEET AND SOLID, BUT THEN YOU'RE GONNA HAVE TO BRING IT DOWN TO FOUR FEET. 
          YOU NEED TO LOOK AT THE VISIBILITY TRIANGLE BECAUSE THERE IS A LITTLE BIT OF, UM, 
          [02:25:01]
A LITTLE BIT OF OVERLAP THERE. 
          SO I WOULD DEFINITELY LOOK AT THAT AS WELL. 
          AND, UM, I'M FINE WITH THE SIDE FENCE, BUT OTHER, OTHER PANELISTS ARE NOT. 
          SO JUST TAKE ALL OF THIS FEEDBACK INTO CONSIDERATION WITH YOUR REVISED PLANS. 
          BUT THAT'S WHY I'M SUPPORTING THIS MOTION TO GIVE THEM THE OPPORTUNITY TO COME BACK BECAUSE I DO FEEL THAT THERE WAS MIS SOME MISINFORMATION FROM THE CITY. 
          BUT I ALSO AGREE THERE WAS A, THERE WAS A LOT OF WEIRD STUFF GOING ON WITH YOUR FENCE AND YOUR FENCE GUY. 
          THANK YOU MS. DAVIS. 
          MR. DORN, I HAVE NO FURTHER COMMENTARY. 
          OKAY. 
          SO I'LL GIVE A, UH, I WILL SUPPORT THE MOTION EVEN THOUGH I DISAGREE WITH IT. 
          UM, WE ARE RESPONSIBLE FOR FORMULATING AN OPINION BASED ON THE APPLICANT'S TESTIMONY AND THE EVIDENCE PROVIDED AND THE PROFESSIONAL INFORMATION WE GET FROM OUR STAFF. 
          THE PAGE 89 ZONING APPROVAL CLEARLY SAYS 35 FOOT SETBACK, BUT IT COULD BE MISINTERPRETED, BUT IT SAYS 35. 
          THE HEIGHT OF THE FRONT YARD FENCE IS SIX FEET, FOUR INCHES BY THE APPLICANT'S DOCUMENTS. 
          YET THE APPLICANT SAID, OH, WE'RE AWARE YOU DON'T NEED A PERMIT UNLESS IT'S OVER FOUR FEET. 
          WELL, DUH. 
          SO THE OPACITY OF THE FENCE, THERE ARE NO OTHER SOLID FENCES ON THAT STREET. 
          THE SIDE YARD FENCE THAT YOU SEE ACROSS THE STREET, DOWN THE WAY AS PART OF A PLAN DEVELOPMENT DISTRICT AND A SIDE YARD. 
          BUT THERE ARE NO OTHER SOUTH SIDE SOLID FENCES ON CHURCHILL. 
          THERE ARE, I HAVE, EXCUSE ME, I HAVE PICTURES, SIR, YOU'RE NOT ALLOWED TO SPEAK. 
          OH, OKAY. 
          I DIDN'T KNOW THAT. 
          TURN OFF YOUR MICROPHONE AGAIN. 
          YOU TESTIMONY IS YOU HAD AN OPPORTUNITY TO GIVE A REBUTTAL. 
          PLEASE DON'T PROVOKE ME. 
          THERE ARE NO OTHER HOUSES THAT WE SAW ON THE STREET. 
          IT'S INCONSISTENT WITH THE NEIGHBORHOOD. 
          THERE HAVE BEEN NO PERMITS ISSUED. 
          THIS IS ROUGH SIDE. 
          AND THE COMMENTS THAT WE KEEP GETTING TODAY OF, WELL, IT'S THE FENCE GUY. 
          AND AS MR. HOPKINS SAID, WHY DIDN'T YOU BRING THE FENCE GUY OR THE, OR MR. DORN SAID, WHY ISN'T THE OWNER HERE? YOU KNOW, WE'RE GETTING MISINFORMATION. 
          AND SO THE HEIGHT OF THE FRONT FENCE, THE, THE, UH, OPACITY OF THE FRONT FENCE AND THE VISIBLY TRIANGLE, ALL OF 'EM DON'T PASS MUSTARD TO ME. 
          NONE OF THEM MAKES THE, MEETS THE BURDEN. 
          THAT IS WHAT WE'RE CHARGED TO, TO MAINTAIN. 
          UH, I COULD BE POTENTIALLY CONVINCED ON THE SIDE YARD FENCE POTENTIALLY BECAUSE OF THE STAFF SCREW UP, OF WHICH I WILL FOLLOW UP ON THE LETTERS OF SUPPORT. 
          AND I'LL SAY THIS CLEARLY ON THE RECORD, AND YOU HEARD THIS THIS MORNING. 
          YOU HEARD THIS FROM MR. DORN, MAYBE IN THE BRIEFING. 
          VERY FISHY BECAUSE IT'S SIGNED BY ALL THE SAME PERSON. 
          PATRICIA SHAW, WHICH IS A DIFFERENT ADDRESS. 
          SO PART OF OUR CRITERIA IS WHAT DO OTHER PROPERTY OWNERS THINK? YES, IT IT'S UNIQUE. 
          THIS SAME PROPERTY OWNER KEEPS SIGNING, BUT WHAT WE'RE TALKING ABOUT IS OTHER PROPERTY OWNERS. 
          SO, UM, I'LL SUPPORT YOUR SUGGESTION, BUT I WOULD FOR THE RECORD, DON'T GIVE, DON'T GIVE FALSE HOPE. 
          SO I'LL KEEP AN OPEN MIND. 
          MS. DAVIS IS A VERY FAIR PERSON AND SHE'S BEING EVEN MORE FAIR NOW IN GIVING YOU A LIFELINE ON THIS, BUT I I IT'S A LONG STRETCH FOR THIS ONE MEMBER, MR. OVITZ. 
          I WOULD, I WOULD JUST LIKE TO ADD ONE THING AND THAT IS, UM, THE APPLICANT HAS, UH, AND I'M SAYING THIS FOR THE RECORD, NOT, I'M NOT ASKING YOU A QUESTION. 
          UM, THE APPLICANT REPEATEDLY TALKED ABOUT THE FENCE THAT USED TO BE THERE. 
          UH, STANDARD IS IF THERE WAS A FENCE THERE OR A HOUSE THERE OR ANYTHING THERE AND IT GETS TORN DOWN, THEN WHATEVER GETS REPLACING IT MUST MEET THE STANDARDS THAT THERE ARE NOW. 
          SO AN OLD FENCE MIGHT HAVE BEEN OKAY WHEN IT WAS BUILT, BUT ONCE THAT'S TORN DOWN, THAT'S NOT THE STANDARD FOR WHAT GOES UP IN ITS PLACE. 
          JUST WANNA PUT THAT ON THE RECORD. 
          OF COURSE, MS. DAVIS. 
          UH, JUST MY OPINION, I THINK WHEN THE OWNER TESTIFIES, THAT MEANS THAT THAT HELPS. 
          THE, THAT, I DON'T WANNA SAY IT HELPS THE CASE, BUT IT HELPS US GET MORE INFORMATION. 
          SO I ALWAYS APPRECIATE WHEN THE OWNER IS TESTIFYING, NOT JUST, UM, THE CONTRACTORS OR, YOU KNOW, SO MY OPINION, I I WOULD FURTHER EDITORIALIZE THAT IT WOULD BE IN THE APPLICANT'S BEST INTEREST TO SPEND A LITTLE BIT OF TIME WITH A PROFESSIONAL STAFF RIGHT UP HERE. 
          AND AGAIN, GET SCHOOLED 
          [02:30:01]
IN WHAT IS THE STANDARD FOR CONSTRUCTION OFFENSES IN FRONT YARDS, BOTH OPACITY AND IN HEIGHT. 
          AND ALSO WHAT'S THE STANDARD BY WHICH WE'RE ALLOWED TO GIVE SPECIAL EXCEPTIONS. 
          BECAUSE THAT'S REALLY ALL THAT MATTERS. 
          ALL THAT MATTERS. 
          AND THAT'S JUST A NO SIR. 
          AND THAT'S JUST ADVICE. 
          YOU CAN DO WHAT YOU WANNA DO AND SO FORTH. 
          THAT'S YOUR BUSINESS. 
          UM, I I JUST, AND IT TAKES FOUR VOTES. 
          'CAUSE THE STATE LEGISLATURE SAID IF A BOARD OF ADJUSTMENT IN THE STATE OF TEXAS ISSUES A SPECIAL EXCEPTION, IT REQUIRES 75% OF THE PANEL. 
          SO THAT'S NOT THE CITY OF DALLAS'S RULE, THAT'S THE STATE OF TEXAS BECAUSE THEY'RE PUTTING A HIGH STANDARD ON GOING AGAINST THE ZONING RULES. 
          SO I, SO I'LL SUPPORT YOUR MOTION VERY BEGRUDGINGLY. 
          UM, ANY OTHER DISCUSSION IN THE MOTION? MR. OVITZ? I JUST WANNA ASK THE QUESTION OF THE CHAIRMAN. 
          CAN WE, UM, UH, HOLD ALL THREE UNDER YES. 
          OUR PROCEDURE IS IF ONE GETS HELD, ALL THREE GET HELD. 
          UM, SO THE INFORMATION THAT THE APPLICANT GOT TODAY, YOU CAN TAKE IT FOR WHATEVER IT'S WORTH ABOUT WHERE YOU, WHERE WE ARE PREDISPOSED. 
          THAT DOESN'T MEAN DISPOSED AS FAR AS WHAT, HOW WE VIEW THE STANDARD AS IT SHOULD BE APPLIED. 
          UM, AND I URGE YOU TO SPEND SOME TIME WITH THE PROFESSIONAL STAFF IN ORDER TO BE EDUCATED ON THE STANDARD AND EXCEPTIONS. 
          MS. BOARD SECRETARY CALL THE VOTE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. OVITZ? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO HOLD PASSES UNTIL SEPTEMBER 15, FOUR TO ZERO IN B IN THE BOA 2 6 0 0 0 0 2 6. 
          THE BOARD ON A VOTE OF FOUR TO ZERO UNANIMOUSLY MOVE TO HOLD THIS MATTER UNDER ADVISEMENT UNTIL SEPTEMBER 15TH, 2026. 
          THANK YOU GENTLEMEN. 
          YES. 
          OKAY, WE'RE GONNA TAKE A 10 MINUTE RECESS. 
          YOU 10 OH, TAKE A FIVE MINUTE, WE'LL TAKE A FIVE MINUTE RECESS TO AT 3 49. 
          WE WILL COME BACK AT 3 55. 
          SIX MINUTE RECESS. 
          COME BACK AT 3 55. 
          UM, THE BOARD OF ADJUSTMENT PENALTIES AND RECESS TILL 3 55. 
          THANK YOU. 
          [02:37:10]
NO, NOT YET. 
          IT'S ARGENTINA. 
          ARG. 
          WELL, SPAIN NO. 
          TURN IT WELL AFTER THE LAST TWO I I THINK I'M, I'M EXTENSION PROBABLY WOULD BE A BAD IDEA. 
          , UH, IT'S 3:55 PM ON THE 14TH OF JULY. 
          THE BOARD OF ADJUSTMENT PANEL A HAS COME BACK INTO SESSION. 
          WE HAVE, UH, TWO MORE CASES TODAY. 
          UH, LADY AND GENTLEMEN. 
          LADIES AND GENTLEMEN. 
          UM, THE NEXT ITEM ON OUR AGENDA IS BO, A 2 6 0 0 0 0 4 2. 
          THIS IS AT 4 0 4 7 DEL GREEN DRIVE, UH, THE APPLICANT'S COME FORWARD. 
          YOU'RE HERE, SIR. 
          THANK YOU. 
          UM, WOW. 
          I'M EXHAUSTED. 
          SO, UM, WHAT I'LL SAY BEFORE WE START THIS CASE, I'M PAUSING FOR OUR ATTORNEY TO GET BACK. 
          OKAY? HE'S BACK. 
          UM, EVERY CASE STANDS 
          [02:40:01]
ON ITS OWN, NO CASE SETS A PRECEDENT. 
          UH, I DON'T NEED TO LECTURE YOU THAT I LIKE I DID THE LAST COUPLE. 
          OH. 
          UH, THE BURDEN OF PROOF IS ON THE APPLICANT. 
          UM, SO, UH, MS. WILLIAMS, CAN YOU TELL ME HOW MANY SPEAKERS WE HAVE REGISTERED FOR? 26 4 2. 
          THE APPLICANT. 
          OKAY. 
          ALRIGHT, WOULD YOU GIVE US YOUR NAME AND ADDRESS AND BE SWORN IN? GOOD AFTERNOON, MR. CHAIRMAN. 
          LADIES AND GENTLEMEN, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE B IN DALLAS, REPRESENTING THE OWNER. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM. 
          OKAY. 
          MR. BALDWIN, THANK YOU FOR BEING WITH US. 
          UM, UM, I'M ALWAYS CAREFUL WHEN I SPEAK FOR THE BOARD, UH, BUT I WILL SAY THAT, UM, I THINK WE'RE INCLINED IN, IN FAVOR OF, OF THIS, THIS REQUEST, IT SEEMED LIKE AT THE BRIEFING. 
          BUT GIVEN THE UNIQUENESS OF THE PROPERTY AND THE UNIQUE AREA AND SO FORTH, I WANTED YOU TO FURTHER EXPLAIN YOUR POWERPOINT THAT YOU PUT TOGETHER. 
          SURE. 
          UM, THAT JUST SHOULD GIVE YOU A LITTLE BIT OF CALM. 
          UM, GIVEN THE PREVIOUS STORMS, UH, OUR RULES OF PROCEDURES SAY THAT THE APPLICANT'S GIVEN FIVE MINUTES TO PRESENT ANYONE ELSE IS ALLOWED FIVE MINUTES. 
          ANYONE IN OPPOSITION IS ALLOWED FIVE MINUTES, AND THEN YOU'RE ALLOWED A FIVE MINUTE REBUTTAL, AS IS OUR PRACTICE. 
          WE TRY TO GIVE THE APPLICANT AMPLE TIME TO PRESENT. 
          UM, AND SO WE'LL KIND OF GO WITH THERE. 
          SO, UM, PLEASE PROCEED. 
          THANK YOU VERY MUCH. 
          UM, THIS PROPERTY IS AT 4 0 4 7 DOREEN IN THE LAKEWOOD AREA. 
          UH, NEXT SLIDE PLEASE. 
          ACTUALLY, UM, TO THE WEST SIDE OF LAKE, SO IT'S NOT IN LAKEWOOD PROPER, BUT IT'S FARTHER NORTH, UH, JUST OUTSIDE OF WESTLAW. 
          OUR NEXT SLIDE PLEASE. 
          SO THIS IS THE PROPERTY OUTLINED IN GREEN, AS YOU SAW IN THE, UH, PRESENTATION. 
          AND, AND, UH, MR. THOMAS THOMPSON'S, UH, DRIVING. 
          THIS IS A WEIRD STREET. 
          UH, DAH GREEN HAS, HAS TWO DIFFERENT CHARACTERISTICS BETWEEN WEST LAU AND FISHER. 
          IT'S KIND OF A, A COUNTRY LANE, BUT THE INTERESTING THING. 
          YES. 
          SO ARE YOU, ARE YOU FOLLOWING YOUR POWERPOINT SO I CAN FOLLOW THAT? I IT'S FINE. 
          YEAH. 
          WE'RE STILL ON THIS SLIDE RIGHT HERE. 
          OKAY, GOOD. 
          I I'M GONNA FOLLOW YOU WITH WHAT I'VE GOT HERE. 
          OKAY. 
          PLEASE PROCEED. 
          I'M, BUT DRAW GREEN HAS TWO DIFFERENT CHARACTERISTICS, UM, BETWEEN FISHER ROAD AND THE LAKE. 
          IT IS FISHER IS TO THE WEST, WHEREAS THE LAKE IS TO THE EAST. 
          YEAH. 
          ON THIS SIDE IT WOULD BE TOWARDS MY LEFT HAND SIDE. 
          YEP. 
          OKAY. 
          CORRECT. 
          SO FISHER LANE IS, CONNECTS BASICALLY MOCKING BIRD DOWN TO THE LAKE. 
          UM, ON THIS SIDE WE HAVE PEOPLE THAT FRONT ON, ON TO D GREEN. 
          WE HAVE PEOPLE THAT SIDE ONTO D GREEN AND WE HAVE LOTS THAT BACK ONTO DLL GREEN. 
          SO WE HAVE A WHOLE HODGEPODGE OF DIFFERENT FENCES THAT ARE THERE TODAY, AND WE HAVE A CEMETERY. 
          SO NEXT SLIDE PLEASE. 
          SO HOLD BACK ON THIS. 
          UM, WE'RE GONNA BE INTERACTIVE SINCE YOU'RE THE ONLY ONE ON THIS. 
          UH, THIS IS A UNIQUELY PLATTED LOT. 
          YES, SIR. 
          WHY? I DON'T KNOW. 
          UM, IT'S INTERESTING. 
          I WOULD THINK THAT MY UNDERSTANDING IS BACK IN THE OLDEN DAYS, THIS WAS, UH, THE LAKE AND EVERYTHING ON THIS SIDE WAS ALL FISHING CAMPS AND PEOPLE WOULD COME OUT HERE FOR, FOR SUMMER COTTAGES. 
          AND SO THEY HAD BIG ACREAGES WOW. 
          WITH, UH, HORSES AND THERE'S STILL SOME BIG ACREAGE OF HORSES ON THERE, I RECALL. 
          OKAY. 
          I WOULD SUSPECT THAT THE LOT AND THE OTHER KIND OF WEIRD LOT BETWEEN US AND THE CEMETERY AT ONE TIME WERE PROBABLY ONE LOT, BUT THEY'RE NOT ANYMORE. 
          AND THE FUNNY THING IS THE LOT THAT'S NEXT TO US, AS YOU'LL SEE THE, THE LATER SLIDE IT BACKS ONTO, UM, DRE HAS A DRIVEWAY ON DLL GREEN, BUT IT HAS A, A WEST CIRCLE ADDRESS AND ITS ACTUAL FRONT YARD IS ON WEST CIRCLE UP TO THE TOP. 
          OKAY. 
          SO IT'S ALL VERY WEIRD. 
          OKAY. 
          AND WE HAVE THE COX CEMETERY THERE. 
          OKAY. 
          SO WEST OF US ON THE OTHER SIDE OF, UM, FISHER ROAD, DAH GREEN IS A, IS WHAT MR. THOMPSON SHOWED YOU. 
          THERE'S NO FENCES IN THE FRONT YARDS, YOU KNOW, LARGE SETBACKS, UH, LARGE LAWNS. 
          BUT ON THIS SIDE, IT'S A WHOLE DIFFERENT STORY. 
          WE HAVE, WE HAVE PEOPLE WITH EIGHT FOOT TALL WOODEN FENCES THAT ARE EITHER THEIR SIDE YARD OR THEIR REAR YARD. 
          IN SOME CASES A FRONT YARD. 
          UH, WE HAVE THE CEMETERY THAT HAS LIKE AN EIGHT OR NINE FOOT FENCE IN FRONT OF IT WITH A BIG ARCH THAT'S EVEN TALLER THAN THAT. 
          UM, AND WE HAVE OUR, THE PROPERTY TO THE WEST OF US THAT HAS A BIG SOLID GATE ON IT. 
          WHAT WE'RE ASKING FOR, NEXT SLIDE, PLEASE. 
          IT'S TWO THINGS. 
          [02:45:02]
WE'RE ASKING FOR A FENCE TALLER THAN FOUR FEET IN A REQUIRED FRONT YARD. 
          AND WE'LL GET INTO IN SLIDE IN A SECOND. 
          IT'S A HUN THE FRONTAGE ABOUT 150 FEET. 
          UM, MOST OF IT 106 FEET. 
          OF THAT 150 FOOT FRONTAGE WOULD BE A SIX FOOT ORNAMENTAL OPEN METAL GATE METAL FENCE. 
          THE REMAINING 44 FEET WOULD BE SOLID. 
          AND OF THAT 44 FEET, 12 FEET OF THAT WOULD BE WITHIN FIVE FEET OF A PROPERTY LINE. 
          SO WE NEED THE REQUEST FOR THE OPACITY REQUIREMENTS AFTER THE BRIEFING SESSION. 
          I CALLED THE LANDSCAPE ARCHITECT BECAUSE THE PROPERTY OWNERS ARE OUT THE COUNTRY. 
          SAID, WHY OR WHY DO WE DO THIS? UH, WHY ARE WE HAVING THE, UM, YOU KNOW, THE, THE SOLID FENCE IN THE DRIVEWAY? AND JUST FOR WHAT YOU SAID EARLIER, THESE ARE BIG LOTS AND IT'S, UH, A STREET THAT HAS A LOT OF VEGETATION, IT HAS A LOT OF FENCES. 
          AND THE, THE INTENT OF HAVING THE THE SOLID FENCE AT THE DRIVEWAY IS TWOFOLD. 
          ONE IS TO MAKE IT EASY FOR PEOPLE TO SEE WHERE THE FRONT OF THE HOUSE IS. 
          YOU KNOW, EVEN THOUGH WE'RE SET BACK, UH, IT'S KIND OF A, A DESIGN FEATURE JUST TO BRING PEOPLE'S ATTENTION TO THIS IS OUR DRIVEWAY. 
          AND SO THERE'S GONNA BE SOME STONE ON THE FENCE THAT, SO WHY DIDN'T YOU MAKE THAT A LITTLE BIT FARTHER BACK SO YOU WOULDN'T HAVE TO COMPLY WITH THE OPACITY RULE? WELL, UH, THE, THE JUST TWO WING WALLS YES. 
          HAVE THE OPACITY AND THEY'RE ACTUALLY SET BACK TWO AND A HALF FEET FROM THE PROPERTY LINE. 
          NINE, FIVE FEET. 
          I KNOW. 
          SO I'M, I'M SAYING, YOU KNOW, SAVE YOURSELF HEADACHE, GRIEF AND RIGHT. 
          YOU KNOW, HALF AN AFTERNOON AT CITY HALL IF YOU, YOU KNOW, MOVE IT FIVE FEET, ONE INCH AND THEN IT'S NONIS ISSUE. 
          AND I'M JUST, YEAH. 
          I, I, OKAY. 
          I DON'T KNOW. 
          UH, AS A, AS A CONSULTANT, I JUST GET HANDED THE PLANS A LOT OF TIMES. 
          UH, AND THE SECOND THING, UH, IS, UH, NEXT SLIDE PLEASE. 
          UH, THIS IS JUST THE OVERALL SITE PLAN. 
          LET'S GO TO THE NEXT SLIDE, WHICH MAKES IT MORE, MORE BLOWS UP. 
          SO THIS IS JUST THE, THIS JUST SHOWS THE PORTION OF THE FENCE THAT IS PROPOSED TO BE SOLID. 
          YOU'LL SEE WE HAVE TWO LITTLE WING WALLS ON EITHER SIDE OF THE DRIVEWAY. 
          NOW KEEP IN MIND THE, THE BACK OF THE GATE WHERE THE CAR IS POINTING RIGHT NOW, I SCALED THAT OUT TO BE 33 FEET TO THE PAVEMENT. 
          AND WHERE THE, UH, THE ACTUAL WING WALLS ARE CLOSEST TO THE PAVEMENT IS ABOUT 22 FEET. 
          IN ADDITION TO HAVING THESE LITTLE WING WALLS, IF, IF YOU LOOK ON PLAN, THE TOP PLAN NORTH OF THIS, THIS SLIDE, THERE'S A LITTLE ROOM THAT'S KIND OF OUTLINED IN YELLOW THAT IS A PACKAGE DELIVERY ROOM. 
          AND THAT'S PART OF THE REASON WHY THEY HAVE A SOLID FENCE. 
          'CAUSE THAT'S WHERE, UH, AMAZON AND WHATNOT WILL DROP OFF PACKAGES AND IT NEEDS TO BE SECURED. 
          SO, SO YOU ENTER FROM THE, ALMOST THE DRIVEWAY IN A SECURED ROOM THAT'S A SEPARATE SECURED DOOR INTO THE PROPERTY? NOT INTO THE PROPERTY. 
          YEAH. 
          IT, IT DOES GO INTO THE PROPERTY, BUT IT ALLOWS FOR, IT'S KIND OF LIKE AN ANTI CHAMBER OR SOMETHING. 
          EXACTLY. 
          OR A SALLY PORT WOULD ALLOW SALLY PORT, SALLY PORT ALLOW PEOPLE TO, TO DROP THE PACKAGES OFF IN A SECURED LOCATION. 
          AND THIS MEETS THE VISIBLY TRIANGLE STANDARDS. 
          YES, SIR. 
          WE'RE, WE'RE BACK SO FAR THAT NO VISIBILITY PROBLEM. 
          OKAY. 
          OKAY. 
          UH, NEXT SLIDE PLEASE. 
          UH, THIS JUST SHOWS A BLOW UP OF, LET, LET'S START LOOKING ONE MORE. 
          OKAY. 
          NO, GO BACK TO THE NEXT SLIDE. 
          OKAY. 
          SO WHAT I DID IS, DID KIND OF A SURVEY OF THE LOTS IN, IN THE SURROUNDING AREA. 
          AS YOU SEE, THIS IS THE FIRST ONE YOU POINTED OUT AT THE BRIEFING SESSION. 
          MR. CHAIR, THIS IS A HUGE LOT AND IT FRONTS ONTO WEST LAU AND SIDES ONTO DRE. 
          IT HAS A SOLID FENCE AND, UH, LANDSCAPING ALL ALONG THE DRE SIDE ON, WE'RE GONNA CALL IT SOUTH. 
          NEXT SLIDE PLEASE. 
          THE NEXT PROPERTY, UH, IT FRONTS ONTO DOLLAR GREEN, BUT IT HAS A EIGHT FOOT TALL WOODEN FENCE RIGHT IN FRONT OF IT. 
          AND IT'S RIGHT ACROSS THE STREET FROM THE SUBJECT PROPERTY. 
          BUT THAT'S A SIDE YARD FENCE THAT'S NOT A FRONT YARD FENCE. 
          YOU KNOW, I FIRST THOUGHT IT WAS A SIDE YARD FENCE. 
          IF YOU LOOK, UH, AT THE, THE LEFT SIDE OF THIS SLIDE, THERE IS NO, THE POWER DOESN'T FRONT ON ANOTHER STREET. 
          SO THIS IS TECHNICALLY A FRONT YARD. 
          OH, OKAY. 
          NEXT SLIDE PLEASE. 
          AND SO THIS IS RIGHT ON, ON THE CORNER AND IT, THIS ONE IS A SIDE YARD FENCE NEXT, AND IT'S AN EIGHT FOOT TALL WOODEN FENCE. 
          NEXT SLIDE PLEASE. 
          THIS, THIS ONE FRONTS ONTO FISHER AND ONTO DAH GREEN SIDE YARD. 
          IT HAS A, A TALL WOODEN 
          [02:50:02]
SOLID FENCE. 
          NEXT SLIDE PLEASE. 
          THIS IS A LOT. 
          NEXT DOOR. 
          IT'S GOT A, ABOUT A NINE FOOT TALL SOLID GATE AND A, AND A FENCE BEHIND SHRUBBERY. 
          NEXT SLIDE PLEASE. 
          THIS IS THE, THE ONE WE TALKED ABOUT EARLIER. 
          IT HAS AN ADDRESS OF WEST CIRCLE, TAKES ACCESS TO BOTH WEST CIRCLE AND TO DOLL GREEN. 
          IT'S GOT, UH, ABOUT A SIX FOOT TALL DECORATIVE IRON FENCE WITH, WITH COLUMNS. 
          AND NEXT SLIDE PLEASE. 
          IT'S HARD TO SEE ON THIS. 
          THIS IS THE COX CEMETERY. 
          IT'S GOT ABOUT AN EIGHT FOOT WALL OF FENCE AROUND IT, BUT THEN IT HAS ABOUT A 12 FOOT, UH, ENTRY FEATURE THAT SAYS COX CEMETERY ON THE TOP. 
          UH, NEXT SLIDE PLEASE. 
          AND THIS IS THE, THE LAST ONE ON THE CORNER RIGHT WHEN YOU'RE COMING IN. 
          THIS IS A SIDE YARD, GOT WESTLAW ADDRESS AND IT'S GOT A, A SOLID FENCE. 
          NOW, UH, YOU CAN SEE THAT THERE'S A, A, A MIXTURE OF FENCE TYPES ON THIS. 
          WHAT WE'RE PROPOSING WOULD NOT BE DETRIMENTAL TO ANY OF THE, THE FENCES IN THE, OR THE PROPERTIES IN THE AREA. 
          UM, I HEARD FROM A GENTLEMAN NAMED MICHAEL YOUNG, I DON'T KNOW IF YOU KNOW MICHAEL. 
          HE'S THE CURRENT PARK BOARD, UH, REPRESENTATIVE FOR DISTRICT NINE, WAS ON THE CITY PLAN COMMISSION FOR EIGHT YEARS BEFORE THAT. 
          AND IS A NEIGHBORHOOD ACTIVIST. 
          HE LIVES TWO HOUSES FROM HERE, BUT OUTSIDE THE NOTICE AREA BECAUSE THERE'S AN EIGHT EIGHT ACRE SITE BETWEEN US. 
          UH, HE ASKED US IF WE WOULD BE WILLING TO STIPULATE IN THE RECORD TO GUARANTEE THAT WE WOULD PLANT SHRUBBERY IN FRONT OF ALL THE SOLID FENCES, UH, PORTIONS OF THE FENCES. 
          AND WE SAID WITHOUT A DOUBT WE WOULD DO THAT. 
          AND WE HAD GIVEN, UH, CITY STAFF A NEW, UH, PLAN IN OUR PLAN SET SHEET L 4.1. 
          UH, IT WAS SHOWN AT THE, IT'S UNFORTUNATELY, IT'S NOT IN MY PRESENTATION, BUT IT WAS IN, UH, MR. THOMPSON'S PRESENTATION TODAY. 
          AND HE SAID, IS IT IN OUR DOCKET AS PART OF THE PUBLIC RECORD? 'CAUSE OTHERWISE IT, WE CAN'T ACT ON IT. 
          I DON'T KNOW IF IT'S IN YOUR DOCKET. 
          IT IS, ALTHOUGH I DON'T KNOW IF THE BOARD WANTS TO PRECONDITION THAT IN OUR ORDER, BUT WELL, I CAN GO ON THE RECORD SAYING, I I HEAR YOU, BUT I, I, YEAH, I DON'T, THAT MAY BE YOUR DEAL, BUT I DON'T KNOW IF THE BOARD NEEDS TO HAVE THAT AS A OKAY. 
          YOU KNOW, A A MAKE OR BREAK. 
          THE ONLY, BUT I'LL LET THEM DECIDE. 
          THE ONLY DIFFERENCE WAS IT WAS IT JUST SHOWED LANDSCAPING. 
          IT WAS A, A RENDERING. 
          I'M JUST SAYING, SHOWING, SAYING WE DON'T WANNA GET IN THE BUSINESS OF APPROVING SOMETHING VERBALLY. 
          AND THEN AS WE'VE HEARD, THEN MACH HAS TO INTERPRET. 
          WE WANT THEM TO INTERPRET WHAT WE APPROVE. 
          NOTHING EXACTLY OTHER THAN THAT. 
          SO, SO, UM, BUT MR. YOUNG SAID, AND I COPIED THE EMAIL TO, HE COPIED HIM ON THE EMAIL WHEN I TURNED EVERYTHING INTO STAFF. 
          HE SAID THAT IF WE AGREED TO DO THAT, HE, HE WOULD'VE NO OPPOSITION TO THIS REQUEST. 
          AND HE, LIKE I SAY, PROPERTY OWNER ON FISHER ROAD, UH, JUST OUTSIDE THE NOTIFICATION AREA, BUT BEING ON THE PARK BOARD AND THE CITY PLAN COMMISSION FOR SO LONG, AND HE KIND OF HAS THE PULSE OF THE NEIGHBORHOOD AND HE'S THE ONLY, ONLY NEIGHBOR WE HEARD FROM BESIDES THOSE TWO THAT RODE IN SUPPORT. 
          SO IN A NUTSHELL, I HOPE YOU CAN SUPPORT THIS. 
          I THINK IT'S REASONABLE. 
          I DON'T THINK IT'S DETRIMENTAL TO ANY PROPERTY ON THE STREET OR IN THE NEIGHBORHOOD. 
          UM, AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. 
          THANK YOU. 
          UM, YES, THANK YOU MR. BALDWIN QUESTION I MENTIONED AT THE BRIEFING THIS MORNING, AND I'LL GIVE YOU A CHANCE TO RESPOND. 
          YOUR PRESENTATION'S. 
          VERY GOOD. 
          UM, YOUR CLIENT DID A GOOD JOB IN HIRING YOU IN ORDER TO WOW US. 
          HA HA. 
          THANK YOU. 
          UM, SOMETIMES IT WORKS, SOMETIMES IT DOESN'T. 
          OH, YEAH. 
          UM, OKAY. 
          WHERE IS YOUR LETTER IN HERE? I'M TRYING TO GET TO THE COMMENT I MADE THIS MORNING THAT I PULLED OUTTA YOUR LETTER AND IT WAS, HERE IT IS. 
          OKAY. 
          IT'S PAGE ONE 11. 
          IN OUR DOCKET, IT SAYS FENCE SITE, SO FORTH, SO FORTH, SO FORTH. 
          MAINTAINING THE OPEN CHARACTER OF THE STREETSCAPE. 
          SO ANYTIME WE HAVE ANYTHING SOLID IN A FRONT YARD, IT, IT DIMINISHES THE OPEN CHARACTER OF THE STREETSCAPE. 
          TELL ME HOW WHAT YOU'RE PROPOSING WILL NOT DIMINISH THE OPEN CHARACTER OF THE STREETSCAPE. 
          I'M MIGHT NOT PHRASED THAT EXACTLY RIGHT. 
          MY, I KNOW THAT I'M TAKING FULL BLAME ON THAT AND WE READ WHAT PEOPLE GIVE US. 
          YEAH. 
          SO THE OPEN CHARACTER'S TWO TYPES OF OPENNESS IN MY MIND. 
          ONE IS BEING ABLE TO SEE THROUGH IT AND WE'RE ABLE TO BE SEEN DOWN IN, OKAY, SO OUR FENCE IS SET BACK. 
          LIKE I SAY, MOST OF IT'S SET BACK AT LEAST 22 FEET. 
          THE MAIN PORTION OF THE SOLID PART IS SET BACK 33 FEET 
          [02:55:01]
FROM THE PROPERTY LINE. 
          I I MEAN FROM THE, THE CURVE. 
          AND IT'S GONNA BE COVERED WITH LANDSCAPING ALL ALONG BOTH SIDES. 
          SO IT, YOU MIGHT NOT BE ABLE TO SEE TOTALLY INTO IT, BUT IT'S NOT GONNA BE AN IMPOSING STRUCTURE, MEANING IT'S GONNA BE CLEAR, YOU KNOW, LIKE SOME, YOU GET ON SOME STREETS UP IN PRESTON HOLLOW AND THE FENCE HAS COME RIGHT TO THE, THE STREET AND IT'S KIND OF A CANYON EFFECT. 
          UH, THE, WELL THEREIN LIES MY HESITATION ON ANYTHING THAT'S SOLID IN A NARROW STREET. 
          UH, AND THIS CLEARLY REN SEEMS LIKE A NARROW UNCURED, NATURAL STREET, STREET. 
          I WOULD BE NERVOUS ABOUT ANYTHING. 
          IT CREATES THAT CANYON EFFECT. 
          OUR, OUR FAMOUS, UM, WELL-RESPECTED JANERY ALWAYS SPOKE ABOUT HOW, UH, SOLID FENCES AND INTERIOR STREETS ARE ALWAYS, YOU HAVE TO BE VERY CAREFUL ABOUT 'EM AS OPPOSED TO THOROUGHFARE. 
          SO, OKAY. 
          THE SOLID PORTION IS ONLY SMALL. 
          SO I IT'S, IT'S LESS THAN 20, I THINK 22% OF THE ENTIRE FENCE. 
          IT'S SET BACK MOSTLY 33 FEET FROM THE STREET. 
          AND IT'S GONNA BE, UH, EXCEPT FOR THE DRIVEWAY, THE GATE IS GONNA BE COVERED IN LANDSCAPING. 
          YEP. 
          OKAY. 
          QUESTIONS FOR THE APPLICANT, MS. DAVIS. 
          OH, WE'LL, WE'LL DO FINISHED QUESTIONS THEN. 
          I THINK WE HAVE A MOTION QUESTIONS FOR THE APPLICANT. 
          OKAY, MS. DAVIS. 
          ALL RIGHT. 
          I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 4 2 ON APPLICATION OF ROBERT BALDWIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT TWO INCH HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENTS FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          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 THE SUBMITTED SITE PLAN AND ELEVATIONS ARE REQUIRED IN THE MATTER BO OA 2 6 0 0 0 0 4 2. 
          MS. DAVIS HAS MOVED TO GRANT THE REQUEST FOR AN EIGHT FOOT TWO INCH HIGH FENCE SPECIAL EXCEPTION. 
          IS THERE A SECOND, SECOND, SECOND BY MR. KOVICH DISCUSSION OF THE MOTION. 
          MS. DAVIS? NOT A LOT OF DISCUSSION. 
          I'M SUPPORTING THIS MOTION BECAUSE THE APPLICANT DID AN EXCELLENT JOB OF PROVING THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          MR. KOVI, I CONCUR WITH THAT DISCUSSION ON THE MOTION. 
          MS. BOARD SECRETARY CALL THE ROLL. 
          MS. DAVIS. 
          AYE. 
          MR. DORN AYE. 
          MR. HAITZ? AYE. 
          MR. CHAIRMAN? AYE. 
          MOTION TO GRANT PASSES FOUR TO ZERO IN THE MATTER OF BO OA 2 6 0 0 0 0 4 2. 
          THE BOARD GRANTS ON A UNANIMOUS VOTE OF FOUR TO ZERO, THE REQUEST FOR A SPECIAL EXCEPTION FOR EIGHT FOOT TWO INCH HIGH FENCE. 
          YOU'LL GET A A EMAIL FROM THE STAFF ON THAT ONE. 
          MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO A DASH 26 DASH 0 0 0 4 2 ON APPLICATION OF ROBERT BALDWIN. 
          GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES AND THE DALLAS DEVELOPMENT CODE. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          A 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 THE SUBMITTED SITE PLAN AND ELEVATIONS ARE REQUIRED IN BO A TWO BO A 2 6 0 0 0 0 4 2. 
          UH, MS. DAVIS HAS MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR FENCE UH, PANEL HAVING LESS THAN 50% OPEN FACE. 
          OH SURFACE FA AREA. 
          UH, IS THERE A SECOND? I'LL SECOND THE MOTION. 
          I'LL SECOND THE MOTION. 
          ALRIGHT, MS. DAVIS DISCUSSION OF THE MOTION AGAIN, I THINK THE APPLICANT DID AN EXCELLENT JOB OF PROVING THAT THIS IS NOT GOING TO AFFECT, UH, ADVERSELY AFFECT NEIGHBORING PROPERTY, WHICH IS WHY I'M SUPPORTING THE MOTION. 
          I AGREE. 
          OTHER DISCUSSION ON THE MOTION, MR. OVITZ? UM, I'D LIKE TO UNDERSTAND MR. BALDWIN SAID THIS, THIS PORTION OF THE FENCE IS 33 FEET BACK FROM THE STREET. 
          WHY? WHY DO, WHY ARE WE PASSING A MOTION ABOUT LESS THAN FIVE FEET? SO THAT'S A VERY GOOD QUESTION. 
          SO IF WE LOOK ON, UH, IN THE DOCKET, WELL YOU CAN'T REALLY SEE PAGE 1 0 9, 1 0 9 SHOWS THE WHOLE PROPERTY AND THEN IT SHOWS THE ENTRANCE. 
          SO THE OPACITY ISSUE OR WHAT ARE YOU ON YOUR PAGE? WHAT PAGE IS THAT? GIVE ME YOUR SLIDE SIX ONLINE. 
          SLIDE SIX. 
          OKAY, SO 
          [03:00:01]
LET'S LOOK AT SLIDE SIX. 
          MR HOP. 
          HOLD ON JUST A SECOND. 
          HOLD ON. 
          8, 7, 6. 
          ROB, CAN YOU TURN ON THE MICROPHONE? OKAY, HOLD ON. 
          YES, HOLD ON A SECOND. 
          SO MR. HKA, HOPKOS YOUR QUESTION IS HOW, WHY IS IT THAT THIS IS AN ISSUE GIVEN THAT THE APPLICANT TESTIFIED 30 FEET FEET BACK? SO, SO IF YOU LOOK AT THE SLIDE SIX. 
          YES. 
          THE DASH, THE DARK DASH LINE IS THE PROPERTY LINE AND THE THE FENCE IS THE CLOSEST PORTION. 
          OH, HE'S TALKING ABOUT TO THE STREET. 
          TO THE STREET. 
          THAT'S WHAT HE MEANT. 
          NOT FROM THE PROPERTY LINE. 
          SO WE HAVE A, WE HAVE A 22 FEET. 
          OUR, OUR, OUR OUR PARKWAY THE DISTANCE BETWEEN OUR PROPERTY LINE. 
          IT'S SO THAT THE CITY COULDN'T WIDEN THE STREET. 
          I BET YOU, GOD FORBID, BUT THEY HAVE, YEAH, THEY'D HAVE TO PUT A A DRAINAGE SYSTEM IN THERE. 
          THIS IS, IT'S A, YEAH, I GOT YOU. 
          YEAH. 
          SAY ON, ON THE RECORD MICHAEL, THAT THAT PART BETWEEN THE STREET AND THE DOTTED LINE IS NOT PART OF THEIR PROPERTY. 
          NO, WE DON'T OWN IT BUT WE MAINTAIN IT. 
          I SEE. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          THAT MY QUESTION. 
          INTERESTING. 
          AND THAT'S ANOTHER REASON WHY IT'S IN THAT FIVE FOOT. 
          'CAUSE IT'S FIVE FROM THE PROPERTY WHERE I WAS, I WAS ORIGINALLY THINKING FIVE FEET. 
          OKAY. 
          VERY GOOD. 
          ALRIGHT, SO DOES THAT CLARIFY YOUR QUESTION? ALRIGHT, SO THE MOTION ON THE FLOOR BY MS. DAVIS IN BO A 2 6 0 0 0 0 4 2 IS A MOTION TO GRANT OPACITY. 
          UM, THE BOARD SECRETARY WILL CALL THE VOTE. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. KOVI? AYE. 
          MR. CHAIRMAN? AYE. 
          MOTION TO GRANT PASSES FOUR TO ZERO, UH, IN THE MATTER BO 8 2 6 0 0 0 0 4 2. 
          THE BO BOARD UNANIMOUSLY AND A VOTE OF 40 ZERO GRANTS. 
          THE REQUEST FOR, UH, SURFACE AREA LESS THAN 50%. 
          THANK YOU. 
          THANK YOU VERY MUCH. 
          APPRECIATE YOUR PATIENCE TODAY. 
          AND SPAIN DID BEAT, UH, SPAIN. 
          SPAIN BEAT FRANCE. 
          THANK YOU. 
          OKAY. 
          THAT TAKES THEM OUT. 
          GOOD. 
          HOPE THERE'S NO FRENCHIES IN THE ROOM. 
          OKAY. 
          JUST KIDDING. 
          HAHA. 
          YAHA. 
          ALRIGHT, THAT'S THAT. 
          ALRIGHT, WE HAVE ONE LAST CASE TODAY. 
          UM, THE LAST CASE TODAY IS BO A 2 6 0 0 0 0 2 9 AT 4 3 0 0 ROSELAND AVENUE IS THE APPLICANT HERE. 
          PLEASE COME FORWARD. 
          MS. BOARD SECRETARY, HOW MANY SPEAKERS DO WE HAVE FOR THIS CASE? THE APPLICANT SIR. 
          JUST THE APPLICANT. 
          OKAY BOY, I GET THIS GETS TO BE YOUR A REPLAY. 
          ONE SECOND. 
          29. 
          OKAY. 
          ALRIGHT. 
          THERE'S NO COMMENTS THAT WE'VE GOTTEN THERE. 
          ALRIGHT, UM, IF YOU'D GIVE US YOUR NAME AND ADDRESS AND THEN SHE'LL SWEAR YOU IN. 
          MY NAME IS FRANCESCA JENNINGS. 
          ADDRESS IS 2 2 7 5 HALLS AVENUE, APARTMENT 5 2 4, DALLAS, TEXAS 7 5 2 3 5. 
          DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. 
          OKAY. 
          PLEASE PROCEED. 
          SO, UM, OUR RULES OF PROCEDURE, YOU'VE HEARD THIS ONCE OR TWICE, SO YOU'LL, I CAN SAY IT AGAIN IF YOU'LL ALLOW ME OUR RULES OF PROCEDURES. 
          THE APPLICANT'S GIVEN FIVE MINUTES TO PRESENT AND ANYONE ELSE SPEAKING GETS ANOTHER FIVE PER FIVE MINUTES. 
          ANYONE IN OPPOSITION NEEDS TO SPEAK FIVE MINUTES. 
          THEN YOU AS THE APPLICANT GET A FIVE MINUTE REBUTTAL. 
          THERE'S NO IN AN OPPOSITION, THERE'S NO OTHER SPEAKER. 
          SO YOU WILL BASICALLY HAVE THE FLOOR, I'LL GIVE YOU AS MUCH TIME AS YOU NEED TO PRESENT, JUST AS LONG AS YOU'RE NOT REDUNDANT, GIVEN THAT YOU'RE YOU. 
          UM, GIVEN THAT, UH, THERE'S NO ONE ELSE SPEAKING, WE'LL MAKE THIS INTERACTIVE. 
          SO AS YOU PRESENT WE MAY ASK YOU QUESTIONS ALONG THE WAY FOR US TO COME UP TO SPEED. 
          PLEASE PROCEED. 
          SOUNDS GOOD. 
          THANK YOU. 
          BOARD MEMBERS FOR ALLOWING ME THE OPPORTUNITY TO SPEAK ON BEHALF, UM, OF OWNERS AT 4 3 0 0 ROSELAND. 
          UM, I AM HERE TODAY BECAUSE EARLY IN THE DESIGN PROCESS WE RECOGNIZED THAT THE COMBINATION OF THE BLOCK FACE CONTINUITY REQUIREMENTS AND THE REQUIRED SETBACKS WAS SUBSTANTIALLY REDUCE THE AVAILABLE BUILDABILITY ENVELOPE ON THE CORNER LOT. 
          UM, OUR GOAL, IT HAS ALWAYS BEEN TO WORK THROUGH THE PROPER CITY PROCESS, UM, AND SEEK MINIMUM RELIEF NECESSARY. 
          UM, RIGHT NOW AT A 4,300 ROSALYN, WE ARE PROPOSING, UM, SIX FEET, TWO INCHES ON THE LEFT SIDE, WHICH FALLS WITHIN THE FIVE FEET SETBACK. 
          UM, AND THEN FIVE, FIVE FEET, THREE INCHES ON THE RIGHT SIDE. 
          UM, STAFF RECOMMENDATION OF DENIAL, REST ON TWO FINDINGS B, THAT THE SITE IS NOT RESTRICTIVE IN AREA SHAPE OR SLOPE AND THEREFORE CAN BE DEVELOPED IN THE SAME MANNER AS OTHER PROPERTY IN THAT SAME ZONING DISTRICT AND SEE THAT 
          [03:05:01]
ANY HARDSHIP IS SELF-CREATED OR PERSONAL. 
          UM, I WANTED TO TAKE THIS OPPORTUNITY TO SHARE, UM, A AERIAL FOOTAGE I HAVE FROM GOOGLE MAPS OF THE AREA. 
          IS IT A HANDOUT YOU'RE GIVING US? YES, SIR. 
          OKAY. 
          GIVE OUR THANK YOU. 
          OH, THANK YOU. 
          THIS IS INTERESTING. 
          I DON'T UNDERSTAND WHY. 
          OKAY. 
          IT'S JUST FROM GOOGLE EARTH. 
          OH, OKAY. 
          ALRIGHT, WELL YOU CAN, ALRIGHT, GO AHEAD AND EXPLAIN. 
          DID YOU DO ONE FOR HER AS WELL? OKAY, THANK YOU. 
          I WILL BE ADDRESSING COMMENTS FROM, UM, SECTION FIVE TWO A DASH 3.01 BOARD OF ADJUSTMENTS. 
          UM, IT SAYS TO GRANT VARIANCE AND THEN SECTION A ONE TO THREE. 
          I WILL BE ADDRESSING THESE, UM, ESPECIALLY NUMBER TWO UNDER SECTION A. 
          IT SAYS THE VARIANCE IS NECESSARY TO, TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF WET LAND. 
          WET LANDED THAT, UM, SORRY, BUT I WAS REFERRING TO SECTION TWO, UM, BUT I'LL CONTINUE MY APOLOGIES. 
          NO, YOU'RE FINE. 
          51, A 3 1 0 2. 
          IS THAT WHAT YOU'RE TALKING ABOUT? YES, SIR. 
          AND NUMBER B, NECESSARY PERMANENT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS. 
          YES, SIR. 
          OF LAND BY BEING SUCH AS A RESTRICTIVE AREA, SHAPE OR SLOPE THAT CANNOT BE DEVELOPED IN A MANNER COMMENSURATE WITH DEVELOPMENT OF OTHER PAR OTHER PARCELS OF LAND WITHIN THE SAME ZONING. 
          YES SIR. 
          THANK YOU. 
          IS THAT WHAT YOU'RE REFERRING TO? THANK YOU SO MUCH. 
          OKAY, GO AHEAD. 
          UM, NUMBER ONE, THE HARDSHIP ISN'T, WE BELIEVE IT'S NOT SELF-CREATED. 
          IT ARISES FROM SUBSEQUENT SUBDIVISION ACTION. 
          THE LOT IMMEDIATELY BEHIND 4,300 AVENUE WAS SUBDIVIDED IN A PORTION OFF AT 1718 NORTH PEAK STREET AVENUE. 
          AND YOU CAN SEE ON, ON THE, UH, PICTURE THAT THERE'S THE LOT THAT RESIDES RIGHT BELOW. 
          AND THEN I WISH I HAD A BETTER, UH, AERIAL FOOTAGE, BUT OUR LOT IS WAY SMALLER THAN THE OTHER LOTS THERE. 
          UM, OUR CONSTRAINTS WITH THE LOT RIGHT NOW WE'RE A CORNER LOT WITH TWO FRONTAGES, UM, UH, EXISTING RESIDENCE TO THE NORTH SEPARATE RESIDENTIAL LOT AT 1718 NORTH PEAK. 
          UH, WE ARE SUBJECT TO BLOCK FACE CONTINUITY, UM, SUBJECT TO REQUIRED INTERIOR SIDE YARD SETBACK. 
          UM, THIS SITE IS NOT RESTRICTIVE IN AREA SHAPE OR SLOPE. 
          WE, WE, UM, WE AGREE WITH THAT. 
          WE AGREE. 
          WELL, I'M SORRY. 
          WE AGREE THAT THE LOT IS GENERALLY RECTANGLE AND WE THINK THAT'S WHAT THE BOARD MEANT IN THEIR DENIAL. 
          HOWEVER, UM, WE ARE CHALLENGED OTHER IT AS THE STAFF'S OPINION. 
          THE BOARD HASN'T SPOKEN YET. 
          AH, OKAY. 
          THANK YOU FOR THE CLARIFICATION. 
          THE STAFF, YES. 
          SO YOU MAKE AN APPLICATION AND YOU GIVE INFORMATION TO STAFF, THEY DEDUCE IT, GO OUT ON THE, THE PROPERTY, LOOK AT IT AND SO FORTH. 
          AND THEN AMONGST THE STAFF THEY COME UP WITH A RECOMMENDATION AND THEIR RECOMMENDATION IS JUST THAT. 
          SO THANK YOU FOR THE CLARIFICATION. 
          YEP. 
          WE HAVEN'T DECIDED YET. 
          THAT'S AWESOME. 
          . 
          UM, SO YES, UH, WITH STAFF RECOMMENDATION OF DENIAL, WE DO BELIEVE, WE DO SEE WHERE THERE, HOW WE'RE NOT RESTRICTED IN AREA SHAPE OR SLOPE, BUT HOWEVER THE CHALLENGE ISN'T PHYSICAL DIMENSIONS ON THE LOT. 
          IT'S ACTUALLY THE TWO FRONTAGES THAT WE HAVE. 
          UM, FRONT YARD, UM, FRONTAGES THAT WE HAVE, UM, CORNER LOT REQUIREMENTS AND ADJACENT RESIDENTIAL PROPERTY AT 1718 NORTH PEAK. 
          UM, I ALSO WANTED TO JUST GO, UM, GO BACK INTO THE, UH, HOW THE SITE IS IN FACT RESTRICTIVE DUE TO ITS RESORTS IN CORNER CONDITION. 
          FINDING B CONCLUDES THAT THE SITE IS NOT RESTRICTIVE IN AREA SHAPE OR SLOPE AND CAN BE DEVELOPED IN A MAIN AREA AS OTHER PROPERTY IN THE SAME ZONING. 
          WE WOULD ASK, WE WOULD LIKE TO ASK THE BOARD, UM, TO CONSIDER THAT THE FINDINGS DOES NOT ACCOUNT FOR THE BLOCK FACE, UH, CONDITION CREATED. 
          UM, ALONG WITH, UM, THE TWO, THE TWO FRONTAGES, UM, WE RESPECTFULLY, I RESPECTFULLY REQUEST THAT THE BOARD, UH, WEIGH IN ALL OF THESE FACTS ALONG WITH THE PLATTING HISTORY, UM, AGAINST FINDINGS B AND C AND FIND THAT THE VARIANCE IS WARRANTED TO PRESERVE, UH, CONSISTENCY WITH THE ESTABLISHED CHARACTER OF ROSALYN BLOCK FACE. 
          A CONDITION BROUGHT ABOUT BY CIRCUMSTANCES OUTSIDE OF OUR CONTROL. 
          IS THAT IT FOR NOW? YES, SIR. 
          OKAY, VERY GOOD. 
          ALRIGHT, SO 
          [03:10:01]
QUESTIONS FOR YOU. 
          UH, FIRST QUESTIONS FOR STAFF THAT I MAY OR MAY NOT HAVE ASKED THIS MORNING. 
          MS. BAR, WHO, IF YOU COULD, UM, IN THE, UH, IN THE PACKET THAT WAS GIVEN US ON PAGE, WELL, LET'S SEE HERE. 
          1 71, IT SHOWS THE CORNER, A CORNER RED TRIANGLE. 
          YOU'RE SAYING THAT THERE IS NO VISIBLY TRIANGLE ISSUE, CORRECT? CORRECT. 
          OKAY. 
          I WANT TO CHECK THAT OFF THE LIST. 
          OKAY. 
          NUMBER TWO, THE REQUEST THAT'S IN FRONT OF US, I'M DOING A LITTLE BIT OF REPETITIVE, BUT I WANT TO GET THE STAFF TO, I WANNA GET THE STAFF TO AGREE TO WHAT I'M ASSUMING AND THEN I ASK YOU A QUESTION ALONG NORTH PEAK STREET THE APPLICANT IS REQUESTING A THE EIGHT FOOT FENCE THERE, CORRECT? CORRECT. 
          AND THEY'RE PUTTING IT ON THE PROPERTY LINE OR SETBACK FROM THE PROPERTY LINE? UH, ON THE PROPERTY LINE. 
          ON THE PROPERTY LINE. 
          AND DOES THE APPLICANT NEED PERMISSION FROM US TO DO IT ON THE PROPERTY LINE ON LONG PEAK? YES. 
          THEY NEED OR DON'T? THEY DO NEED. 
          OKAY. 
          SO IS THAT THE SIX FOOT TWO INCHES? NO, NO, THAT'S THE FOUR FOOT. 
          NO, THAT'S THE FOUR. 
          THAT'S THE HEIGHT. 
          I'M TALKING. 
          THAT'S HEIGHT OF THE FENCE. 
          THE LOCATION OF THE FENCE. 
          THE LOCATION. 
          IS THE LOCATION OF THE FENCE ALONG PEAK BY RIGHT? THE LOCATION OR DO THEY NEED OUR PERMISSION? THEY, THEY COULD HAVE THE FENCE ON THE FRONT YARD, BUT IT WOULD HAVE TO BE A FOUR FOOT FENCE. 
          THEY CANNOT HAVE AN EIGHT FOOT FENCE. 
          OKAY. 
          SO WHAT THEY'RE ASKING FOR US ALONG PEAK IS EIGHT FEET, CORRECT? ON THE PROPERTY LINE? CORRECT. 
          OKAY. 
          ALRIGHT. 
          SO WHAT, WHAT'S THE HEIGHT OF THE FENCE ACCORDING TO THE DOCUMENTS IN THE REAR OF THE PROPERTY ADJACENT TO THE OUT PARCEL THAT WE'RE GONNA TALK IN A MINUTE ON THE REAR. 
          I, IS IT EIGHT ALSO? I BELIEVE IT'S EIGHT AROUND THE ENTIRE PROPERTY. 
          IS THAT CORRECT MA'AM? YES, THAT'S CORRECT. 
          OKAY. 
          ALRIGHT. 
          SO ALONG PEAK IT'S GONNA BE ON THE PROPERTY LINE, EIGHT FEET IS WHAT YOU'RE WANTING ALONG THE BACK PORTION, MS. DAVIS IS GONNA ASK YOU QUESTIONS ABOUT THAT OTHER PARCEL. 
          EIGHT FEET. 
          ALRIGHT. 
          NOW ALONG THE, THE SIDE OF THE HOUSE ADJACENT TO THE NEXT DOOR NEIGHBOR, WHAT HEIGHT OF THAT FENCE? EIGHT FEET ALSO? YES. 
          IS THAT CORRECT, MS? CORRECT. 
          ACCORDING TO WHAT YOU SEE IN THE GROINS, ACCORDING, YES. 
          OKAY. 
          NOW TALK TO ME ABOUT THE DISTANCE ON THE NEIGHBOR. 
          THE REQUEST IS A THREE FOOT 10 INCH VARIANCE, CORRECT? MS. BARKUM? YES, SIR. 
          WHICH MEANS THEY'RE GONNA HAVE IT SIX FEET, TWO INCHES FROM THE PROPERTY LINE OR NO? OR 10 NO. 
          OR 10 FEET FROM THE PROPERTY LINE? NO. 
          SIX FEET. 
          THEY'RE GONNA HAVE IT 10 FEET? NO, THEY'RE FROM THE NEIGHBOR. 
          THEY'RE REQUESTING, THEY'RE PROPOSING A SIX FOOT, TWO INCH, UH, SETBACK. 
          OKAY. 
          OH, AND THEY'RE SUPPOSED TO HAVE 10 OR ZERO. 
          CORRECT. 
          OKAY. 
          'CAUSE WE TALKED ABOUT THAT THIS, THIS MORNING, IT'S EITHER ZERO OR 10. 
          YOU'RE, YOU'RE WANTING SIX FEET, TWO INCHES. 
          WHY ARE YOU WANTING SIX FEET, TWO INCHES? UM, WHY ARE WE WANTING SIX FOOT, TWO INCHES? YOU'RE WANTING A WALKWAY THERE? HMM? ARE YOU WANTING A WALKWAY? OH YES. 
          ON A SIDE WE WOULD LIKE TO ADJACENT TO YOUR NEXT DOOR NEIGHBOR, WE'RE TALKING YES, SIR. 
          OH, ON THE LEFT SIDE? YES. 
          YES. 
          YES. 
          OH, SIX FOOT TWO INCHES IS ALREADY APPROVED? YES. 
          ACTUALLY WE DON'T, I'M SO SORRY. 
          YES, I'M, THANK YOU FOR CLARIFY, CLARIFY, CLARIFYING THAT. 
          YES. 
          UM, ON THE LEFT SIDE, WE'RE JUST, OUR ARCHITECT JUST LIKES TO BUILD BEYOND A SETBACK JUST SO THAT WHERE THERE'S ROOM, UM, FOR, UH, ZONING AND DEVELOPMENT APPROVAL. 
          UM, I'M NOT SEEKING ANYTHING IN REGARDS TO THE LEFT SIDE 'CAUSE WE'RE BUILDING BEYOND THAT SETBACK. 
          OKAY. 
          HOLD ON. 
          NOW YOU'RE CONFUSING ME. 
          MM-HMM . 
          WHEN YOU SAY LEFT SIDE, DO YOU MEAN, UM, ADJACENT TO THE, THE EXISTING STRUCTURE THAT'S THERE, YOU'RE NOT TALKING ABOUT PEAK, YOU'RE SAW ON THE OTHER SIDE, RIGHT? CORRECT. 
          ALRIGHT, SO WHAT YOUR REQUEST IS A THREE FOOT 10 INCH VARIANCE, WHICH MEANS YOU WANNA BUILD 10 FEET AWAY FROM THE PROPERTY LINE. 
          IS THAT CORRECT MS. BARKLEY? NO, SHE WANTS TO BUILD TWO, UH, SIX FOOT, TWO INCHES AWAY FROM THE PROPERTY LINE. 
          OKAY. 
          I CAN'T, I GOTTA IN REVERSE. 
          SHE WANTS TO BUILD NOT THE FENCE OR THE STRUCTURE. 
          THE FENCE IS NOT AN ISSUE RIGHT NOW BECAUSE THE FENCE IS ALLOWED THERE. 
          OKAY. 
          SO I'M NOT WORRIED ABOUT THE FENCE. 
          THERE'S ALL, WE'RE TALKING ABOUT ON THAT SIDE, THE TRUCTURE OF THIS, THE STRUCTURE. 
          CORRECT. 
          AND SHE'S WANTING TO BUILD SIX FEET, TWO INCHES. 
          YES. 
          WHICH REQUIRES THE THREE FOOT 10 INCH VARIANCE. 
          YES. 
          OKAY. 
          AND WHY, AND YOU'RE WANTING TO BUILD THE ADDITIONAL SIX FEET, 10 INCHES BECAUSE YOUR BUILDER SAID SOMETHING. 
          YES. 
          UM, SO OUR TEAM BELIEVE IN ORDER TO, UM, JUST BE TREATED FAIRLY AS THE OTHER LOTS AND JUST TO ACTUALLY, UM, MAXIMIZE OUR LOT. 
          UM, 'CAUSE WE'RE GONNA BUILD, UM, UH, DUPLEXES. 
          WE'RE PROPOSING DUPLEXES THERE. 
          YEP. 
          SO ONE SIDE OF THE DUPLEX WILL BE TREMENDOUSLY SHORTER AND WON'T BE BALANCED. 
          UM, COMPARED TO THE OTHER HERBICIDE WE WANTED TO CREATE, UM, TWO UNITS, UM, PROPORTION. 
          OKAY. 
          ALRIGHT. 
          THANK YOU MS. DAVIS, YOU HAVE A QUESTION ABOUT THE OTHER 
          [03:15:01]
PLOT? YEAH, THE OTHER ONE. 
          YEAH. 
          BUT, BUT BEFORE I ASK THIS ONE, I JUST WANNA CONFIRM THAT YOUR FENCE IS GOING AROUND THE HOUSE, BUT IT'S IT'S NOT IN FRONT OF THE HOUSE, CORRECT? NO FRONT YARD FENCE. 
          OKAY. 
          IT, IT'S STOPPING RIGHT AT THE H RIGHT CLOSE TO THE DRIVEWAY OR TO THE YES, IT'S STOPPING RIGHT HERE. 
          SO YOUR TWO DRIVEWAYS ARE HERE. 
          IT'S BEHIND THE, THE FENCE IS STOPPING RIGHT? BASICALLY AT THE SIDE OF THE HOUSE, CORRECT? THAT IS NOT CORRECT AND I APOLOGIZE IF THAT SHOWS THAT. 
          OKAY. 
          IT IS GONNA STOP ON THE SIDE OF THE HOUSE BEFORE THE FRONT. 
          OH, THAT'S ALL RIGHT. 
          AS LONG AS IT'S NOT BEYOND THE FRONT OF THE HOUSE. 
          OKAY. 
          IS WHAT SHE'S GOING AFTER. 
          YEAH. 
          GOT IT. 
          THANK YOU FOR CLARIFYING. 
          BUT, AND THEN THE, THE LITTLE, THE LITTLE SQUARE BEHIND YOU. 
          SO THEY'RE SELLING THAT TO SOMEBODY TO BUILD A HOUSE ON. 
          SOMEONE IS ALREADY BUILDING THERE ALREADY. 
          UM, I SAW A FOUNDATION BEING POURED JUST THE OTHER DAY. 
          HOW? WOW. 
          WHAT IS THIS LIKE, HOW BIG IS IT? IT'S NOT AS BIG. 
          WELL, NO, I MEAN IT LOOKS LIKE IT'S A THIRD OF THE SIZE OF YOUR LOT. 
          IT IS. 
          AND THEN THEIR FRONT, THEIR FRONT, UM, THEIR DRIVEWAY IS GONNA GO OUT TO PEAK, CORRECT? THAT IS CORRECT. 
          OKAY. 
          THAT I WONDER IF THEY'LL BE COMING BEFORE US. 
          THAT'S ALL I HAD. 
          THANK YOU. 
          THANK YOU, . 
          I LOVE THAT. 
          I LOVE THAT. 
          OKAY. 
          QUESTIONS FOR THE APPLICANT. 
          MR. OVITZ, THIS HOUSE IS BUILT OR NOT BUILT. 
          IT IS NOT BUILT VACANT LAND. 
          I ANYTHING ELSE? MR. H? SURE. 
          ANY OTHER QUESTIONS? MR. DORN? MR. DAVIS? MS. DAVIS? YES, PLEASE. 
          YEAH. 
          COULD YOU TALK A LITTLE ABOUT THE FRONT FENCE AND WHY YOU WANT A SOLID FENCE? UM, SO ARE YOU TALKING ABOUT THE, ARE YOU REFERRING TO THE FENCE ON A NORTH PEAK? THE OPACITY IN THE FRONT? UH, WE'RE ACTUALLY OPEN TO SUGGESTIONS ABOUT THE OO OPACITY. 
          WHAT IS IT? CAN YOU PRONOUNCE THE WORD? THE, THE BOARD ON BOARD STYLE FENCE. 
          WE'RE ACTUALLY NOT, UM, WE'RE OPEN TO DOING IT SIDE BY SIDE WITH A LITTLE ROOM, UH, JUST FOR DESIGN REASONS. 
          THAT'S WHAT OUR TEAM DECIDED TO GO WITH. 
          I MEAN, THE REQUIREMENT TO NOT REQUIRE, UH, A WAIVER WOULD BE 50% OF IT IS OPEN. 
          MM-HMM . 
          SO THAT'S MORE THAN JUST A LITTLE BIT. 
          SO I, I DON'T THINK HE, SHE'S, THEY'RE PLANNING ON PUTTING A FENCE ON ROSELYN. 
          IT'S JUST ON PEAK, SOLELY PEAK, WHICH IS ALSO FRONT PEAK IS CONSIDERED A FRONT. 
          YEAH. 
          SO THAT'S, THAT'S THE ONE. 
          YES. 
          BUT IT'S, IT'S THE SIDE YARD. 
          OKAY. 
          SO WHEN IT'S TALKING ABOUT THE FRONT, YOU'RE, YOU'RE TALKING THAT'S, THAT'S ON PEAK? YES SIR. 
          ALL OF THIS IS ON PEAK? YES. 
          THE SECOND FRONT YARD. 
          OKAY. 
          NOTHING ON ROSELAND. 
          OKAY. 
          I UNDERSTAND THE CHAIRMAN ENTERTAIN A MOTION. 
          I'LL GO AGAIN. 
          ALRIGHT. 
          I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 2 9 ON APPLICATION OF FRANCESCA JENNINGS. 
          GRANT, THE THREE FOOT 10 INCH VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT. 
          BECAUSE OUR EVALUATION, THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT. 
          I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. 
          COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. 
          MS. DAVIS IN THE MATTER, BO 8 2 6 0 0 0 2 9 HAS MOVED TO GRANT THE THREE FOOT 10 INCH VARIANCE TO THE SIDE YARD SETBACK. 
          IS THERE A SECOND, SECOND, SECOND BY MR. HOPKOS DISCUSSION OF THE MOTION. 
          MS. DAVIS, I'M SUPPORTING THIS MOTION BECAUSE I AGREE EVEN THOUGH IT'S NOT, I REGULARLY SHAPED. 
          IT'S VERY, IT'S CUT OFF COMPARED TO, AND WE'VE GOT A GREAT AERIAL SHOWING YOUR WHOLE NEIGHBORHOOD. 
          SO WE COULD SEE THAT AND I THINK IT WOULD RESULT IN UNNEC UNNECESSARY HARDSHIP TO THE APPLICANT, WHICH IS WHY I AM SUPPORTING THIS MOTION. 
          MR. HOPKOS DISCUSSION. 
          I CONCUR WITH THAT. 
          I MEAN, YOU'RE, YOU'RE, I WOULD, I WOULD, UH, IT WOULDN'T BE UP TO US TO DECIDE, BUT IF YOU CAME UP IN HERE WITH A PLAN THAT YOU WERE GONNA GO ALL THE WAY TO THE ZERO TO THE LOT LINE, I THINK, WOW, THAT'S GONNA BE, WE WERE THERE RIGHT AT PEAK. 
          UM, SO I, UH, I, BUT I DON'T SEE WHY YOU NEED TO GO THE WHOLE 10. 
          SO I THINK, I THINK YOUR PROPOSAL MAKES A LOT OF SENSE. 
          I THINK IT MEETS THE STANDARDS OF A VARIANCE, UM, GIVEN THE, AS MS. DAVIS SPOKE TO AS FAR AS THAT MINI LOT OR WHATEVER IN THE BACK AND HOW IT CUTS OFF A, THE CUSTOMARY, UH, DIMENSIONS OF A LOT IN THE NEIGHBORHOOD. 
          I THINK YOU'RE RIGHT IN CENTER, IN, IN CENTERING THE DUPLEX AND THEREFORE, UH, ON THIS A SIDE YARD SETBACK. 
          SO, UM, IN ORDER TO MAKE SURE THE DUPLEXES ARE MIRRORED IN SIZE AND IT LOOKS LIKE 
          [03:20:01]
A POSITIVE ADDITION TO THE NEIGHBORHOOD, UM, AND I, I, YOU KNOW, WE'LL TALK ABOUT OPACITY IN A MINUTE. 
          I DON'T HAVE ANY PROBLEM WITH THAT, SO I'M IN SUPPORTIVE OF THE MOTION DISCUSSION ON THE MOTION. 
          MR. DORN. 
          OKAY. 
          MS. BOARD SECRETARY, PLEASE CALL THE ROLL. 
          MS. DAVIS. 
          AYE. 
          MR. DORN? AYE. 
          MR. OVITZ? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO GRANT PASSES FOUR TO ZERO IN BO A 2 6 0 0 0 2 9, THE BOARD UNANIMOUSLY AND A VOTE OF FOUR TO ZERO GRANTS THE REQUEST FOR A THREE FOOT TWO INCH VARIANCE TO THE SIDE YARD SET REGULATION. 
          NEXT MOTION. 
          MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 29 ON APPLICATION OF FRANCESCA JENNINGS GRANT, 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 AS AMENDED. 
          BECAUSE OUR EVALUATION OF THE PROPERTY IN 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 THE SUBMITTED SITE PLAN AND ELEVATIONS ARE REQUIRED IN THE MATTER BOA 2 6 0 0 0 2 9 MS. DAVIS IS MOVED TO GRANT REQUEST FOR AN EIGHT FOOT, UH, HIGH FENCE SPECIAL EXCEPTION. 
          IS THERE A SECOND, SECOND, SECOND BY MR. HVI DISCUSSION OF THE MOTION. 
          MS. DAVIS? I THINK THE APPLICANT DID A REALLY NICE JOB WITH HER PRESENTATION AND I THINK SHE PROVED THAT THE SPECIAL EXCEPTION WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, WHICH IS WHY I AM SUPPORTING THIS MOTION. 
          MR. KOVI DISCUSSION, THANK YOU FOR PAYING ATTENTION TO WHAT IS ALLOWED AND WHAT'S NOT ALLOWED IN TERMS OF GOING PAST THE FRONT OF THE HOUSE. 
          UM, HE WAS SETTING YOU UP ON THAT ONE. 
          YOU DID. 
          I DON'T KNOW IF YOU KNOW THAT HE WAS, HE WAS YOUR RESEARCH BRINGING YOU RIGHT INTO THE LION'S DEN. 
          YOU, YOU DID YOUR RESEARCH. 
          CONGRATULATIONS . 
          UM, AND THAT'S WHY I'M SUPPORTING YOUR MOTION. 
          THANK YOU. 
          THANK YOU MR. OVITZ. 
          I'M, I'M MERELY JOKING, BUT WHAT HE WAS TRYING TO GET IS TO MAKE SURE YOU REALIZE YOUR FENCE CAN'T GO PAST. 
          MM-HMM. 
          THE FRONT THERE. 
          OKAY. 
          YEAH. 
          I'LL, I'LL BE IN SUPPORT OF THE MOTION AS WELL. 
          I THINK THIS IS VALUE ADD AND AS MS. DAVIS SAID, IT'S, YOU MADE THE CASE THAT THIS WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY. 
          MS. BOARD SECRETARY MS. DAVIS. 
          AYE. 
          MR. DORN AYE. 
          MR. KOVI? AYE. 
          MR. CHAIRMAN, AYE. 
          MOTION TO GRANT PASSES FOUR TO ZERO IN BO A 2 6 0 0 0 2 9. 
          UH, THE BOARD UNANIMOUSLY AND A VOTE OF FOUR TO ZERO GRANTED YOUR REQUEST FOR AN EIGHT FOOT HIGH FENCE, SPECIAL EXCEPTION MS. DAVIS. 
          LAST MOTION. 
          I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH TWO SIX DASH 0 0 29 ON APPLICATION OF FRANCESCA JENNINGS. 
          GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE. 
          BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE. 
          COMPLIANCE WITH THE MOST RECENT VERSION OF THE SUBMITTED SITE PLAN AND ELEVATIONS ARE REQUIRED. 
          MS. DAVIS HAS MOVED IN BO BO A 2 6 0 0 0 2 9 TO GRANT THE REQUEST FOR, UH, PANEL FENCE PANELING LESS THAN 50% OPEN SURFACE AREA. 
          IS THERE A SECOND, SECOND, SECOND BY MR. HOP. 
          IT'S DISCUSSION ON THE MOTION. 
          MS. DAVIS, I'M SUPPORTING THIS MOTION. 
          AGAIN, YOU DID A REALLY NICE JOB WITH YOUR PRESENTATION SHOWING THAT IT WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTY. 
          PLUS THIS IS REALLY YOUR SIDE YARD. 
          IT'S NOT A FRONT YARD AND BECAUSE YOU'RE ON A CORNER, YOU'VE GOT THE TWO FRONT YARDS. 
          AND THEN FINALLY, I, I DON'T THINK YOU WANT AN OPEN FENCE ALONG, UH, PEAK. 
          SO IT MAKES ALL THE WOR IT MAKES ALL THE WORLD, ALL THE SENSE IN THE WORLD TO MAKE IT, UH, SOLID. 
          THANK YOU MS. DAVIS. 
          MR. OVITZ, I CONCUR WITH MS. DAVIS' COMMENTS AND ALSO WOULD JUST ADD THAT IF YOU DECIDE TO MAKE THE CHANGE YOU MENTIONED YOU MIGHT DO WITH LEAVING SOME SPACE BETWEEN THE BOARDS THAT'S WITHIN THE SCOPE OF WHAT WE'RE APPROVING. 
          SO YOU DON'T NEED TO COME BACK TO US OR, UH, DOES SHE NEED TO RESUBMIT PLANS? I, I DON'T THINK SO. 
          'CAUSE THAT'S LESS RESTRICTIVE. 
          IF IT'S MORE RESTRICTIVE, IT REQUIRES THE BOARD'S ACTION. 
          LESS RESTRICTIVE. 
          NOT OKAY. 
          SO YOU'D BE GOOD TO GO EITHER WAY. 
          I I'M GONNA SUPPORT THIS AS WELL. 
          I THINK THAT YOU CALMLY WENT ABOUT THIS IN A WAY THAT, UM, YOU ASKED FOR IT IN ADVANCE. 
          YOU CAN TELL HOW WE REACT TO PEOPLE THAT DO IT AFTER THE FACT. 
          UM, AND I THINK AS MS. DAVIS SAID, I DON'T THINK YOU WANT AN OPEN, UH, OPEN SHORT FENCE ALONG PEAK STREET. 
          PEAK HAS ENOUGH WIDTH TO IT THAT I DON'T THINK IT'S GONNA CREATE TUNNELING. 
          NOW, THE POOR PROPERTY OWNER ON THE OTHER SIDE OF PEAK STREET THAT PUTS IN A TALL, SOLID FENCE, THAT'S GONNA BE A HARDER SELL BECAUSE YOU ALREADY HAVE A FENCE ON THIS SIDE. 
          SO, UM, BUT AGAIN, PEAK IS 
          [03:25:01]
A WIDE ENOUGH STREET AND PRESUMABLY BUSY. 
          SO I'LL SUPPORT IT AS WELL. 
          ANY OTHER DISCUSSION IN THE MOTION? MS. BOARD SECRETARY MS. DAVIS? AYE. 
          MR. DORN? AYE. 
          MR. OVITZ? AYE. 
          MR. CHAIRMAN? AYE. 
          MOTION TO GRANT PASSES 4 2 0 IN THE MATTER OF BA 2 6 0 0 0 2 9. 
          THE BOARD UNANIMOUSLY IN A VOTE OF FOUR TO ZERO GRANTS THE REQUEST FOR A SPECIAL EXCEPTION FOR OFFENSE. 
          WITH PANELING HAVING LESS THAN 50% OPEN SPACE, YOU'LL GET ALL THIS IN WRITING FROM OUR STAFF HERE MOMENTARILY. 
          THANK YOU VERY MUCH. 
          THANK YOU ALL SO MUCH. 
          UH, MEMBERS, UH, THAT COMPLETES OUR AGENDA FOR TODAY. 
          OUR NEXT BOARD OF ADJUSTMENT PANEL A MEETING IS TUESDAY, AUGUST 18TH, TUESDAY, AUGUST 18TH. 
          UH, HEARING NONE THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN. 
          MOVE TO ADJOURN. 
          IT'S BEEN MOVED. 
          IS THERE A SECOND? SECOND. 
          SECOND BY MR. DORN, MADE BY MR. HOPKIN. 
          SECOND BY MR. DORN. 
          ALL IN FAVOR, PLEASE SAY AYE. 
          AYE. 
          AYE. 
          THOSE, THOSE OPPOSED, UM, UNANIMOUSLY APPROVED. 
          IT'S 4:42 PM ON THE 14TH OF JULY. 
          THE BOARD OF ADJUSTMENT PANEL A IS ADJOURNED. 
          THANK YOU.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.