* 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] GOOD AFTERNOON AND WELCOME TO [Board of Adjustments: Panel B on July 15, 2026.] THE BOARD OF ADJUSTMENT. I'M PARKER GRAHAM AND I'M HONORED TO SERVE AS THE TEMPORARY PRESIDING OFFICER OF THE BOARD OF ADJUSTMENTS PANEL B. TODAY'S WEDNESDAY, JULY 15TH, 2026, WITH A START TIME OF 1:00 PM AND I HEREBY CALL THE MEETING OF THE BOARD OF ADJUSTMENT PANEL B TO ORDER FOR OUR PUBLIC HEARING. A QUORUM MEETING FOUR OF OUR PANEL MEMBERS IS PRESENT AND THEREFORE WE CAN PROCEED WITH THE MEETING BOARD MEMBERS PRESENT TODAY ARE ME, PARKER GRAHAM, SARAH LAMB, MICHAEL QUINT, AND STUART CAMPBELL. STAFF PRESENT INCLUDE THERESA CARLISLE, OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY, DR. CAMIKA MILLER HOSKINS, BOARD ADMINISTRATOR AND CHIEF PLANNER, AND MARY WILLIAMS, THE BOARD SECRETARY AND MEETING MODERATOR. BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE WAY THE HEARING WILL BE CONDUCTED. MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL. WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR OUR TIME. WE OPERATE UNDER CITY COUNCIL APPROVED RULES OF PROCEDURE, WHICH ARE POSTED ON OUR WEBSITE CONSISTENT WITH THE DALLAS DEVELOPMENT CODE. NO ACTION OR DECISION ON A CASE SETS A PRECEDENT. EACH CASE IS DECIDED ON ITS OWN MERITS AND CIRCUMSTANCES. THE APPLICANT HAS THE BURDEN OF PROOF TO ESTABLISH THE NECESSARY FACTS TO WARRANT FAVORABLE ACTION FROM THE BOARD. WE'VE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND WE'VE ALSO REVIEWED A DETAILED PUBLIC DOCKET WHICH EXPLAINS THE CASE AND WAS POSTED, UH, ON OUR WEBSITE SEVEN DAYS BEFORE THE HEARING. ANY EVIDENCE YOU'D LIKE TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE'LL HEAR SHOULD BE SUBMITTED TO THE BOARD SECRETARY WHEN YOUR CASE IS CALLED. THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE. APPROVALS OF A VARIANCE, SPECIAL EXCEPTION OR REVERSAL OF A BUILDING ADMINISTRATOR'S OFFICIAL DECISION REQUIRES A 75% OR 4%, UH, 75% OR FOUR AFFIRMATIVE VOTES OF A POTENTIAL FULL MEMBER FIVE PANEL. ALL OF THE OTHER MOTIONS REQUIRE A SIMPLE MAJORITY VOTE. A DECISION LETTER OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD SECRETARY WITHIN TWO DAYS AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE. IN ADDITION, OUR BOA WEBSITE PENDING CASE LOG PAGE WILL BE UPDATED WITH OUR DECISION. ANYONE WHO'D LIKE TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY. EACH REGISTERED SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MATTER ON OUR AGENDA FOR A MAXIMUM OF THREE MINUTES. THE SPEAKER MAY ALSO SPEAK WHEN A SPECIFIC CASE IS CALLED FOR ITS PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES. ALL RED SHIRT ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD. NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX. ALL COMMENTS ARE BE DIRECTED TO THE PRESIDING OFFICER WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO PER TO MAINTAIN AN ORDER. AND THEN FINALLY, JUST TO EMPHASIZE OUR RULE NUMBER 11 F ANY PUBLIC COMMENTS NEED TO BE REGARDING AN ITEM THAT'S ACTUALLY POSTED ON OUR AGENDA FOR TODAY. ALRIGHT, WITH THAT MS. WILLIAMS, DO WE HAVE ANY REGISTERED PUBLIC SPEAKERS? UM, THERE WAS ONE REGISTER, BUT HE IS NOT PRESENT. ALRIGHT, THEN WE'RE GONNA MOVE ON TO THE FIRST ITEM ON OUR DOCKET, WHICH IS APPROVAL OF THE JUNE 17TH, 2026 PANEL B MINUTES. UM, DOES ANYONE HAVE A MOTION? SO MOVED. ALRIGHT. UH, THE MOTION IS FROM MR. CAMPBELL TO APPROVE THE MINUTES. IS THERE A SECOND? SECOND. ANY DISCUSSION ON MR. CAMPBELL'S MOTION TO APPROVE THE MINUTES? THEN WE'LL TAKE A VOTE. ALL IN FAVOR OF MR. CAMPBELL'S MOTION TO APPROVE THE MINUTES. SAY AYE. AYE. AYE. AYE. ALL AGAIN, SAY NAY. MR. CAMPBELL'S MOTION PASSES UNANIMOUSLY FOUR TO ZERO. NEXT ITEM ON OUR DOCKET IS THE FIRST THING ON OUR MISCELLANEOUS DOCKET. IT'S CASE NUMBER BO A DASH 25 DASH 100. IT'S THE, UH, REQUEST TO EXTEND THE TIME FOR FILING A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY AT 1 2 1 1 STRAIGHT LANE. IS THE APPLICANT PRESENT FOR THIS ONE? YES, HE'S ONLINE. GREAT. MR. CARL CARLEY, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS PLEASE? CARL CROWLEY. 1 3 1 3 4 1 WEST MOCKINGBIRD, DALLAS, TEXAS 7 5 2 4 7. SORRY, WE JUST MOVED AND I DON'T HAVE THE ZIP CODE DOWN. , DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. OKAY. WE WE'RE HERE. YOU Y'ALL SAW THIS REQUEST BACK IN, UM, FEBRUARY. UM, WE HAD HOPED TO HAVE THE PERMIT IN PLACE BY NOW OR AT LEAST APPLIED FOR IT. UM, WE GOT NOTIFIED BY THE OWNER OF THE PROPERTY WHO'S GOING TO BUILD THE HOUSE AND LIVE THERE THAT HE HAD SURGERY ABOUT THREE, FOUR WEEKS AGO. RIGHT, RIGHT BEFORE WE APPLIED FOR THE EXTENSION AND WAS GONNA BE DELAYED A LITTLE BIT. SURGERY WAS SUCCESSFUL, BUT HE'S ASKED THE ARCHITECT, UH, HE'S GONNA HAVE TO HOLD OFF A LITTLE BIT. SO, UH, WE'RE ASKING FOR AT THIS TIME A SIX MONTH EXTENSION. WE DON'T NEED LONGER THAN THAT. WE WERE REAL CLOSE TO GETTING A, UH, SUBMITTED, [00:05:01] BUT HE JUST HAD EMERGENCY SURGERY, SO HE GOT PUT BEHIND. SO THAT'S WHY WE'RE HERE. THAT'S ALL I HAVE TO SAY. ALL RIGHT. ANY QUESTIONS FROM THE PANEL FOR THE APPLICANT? I'VE GOT ONE QUESTION, SIR. IT'S JUST THIS, THE STANDARD WE'VE GOTTA APPLY IS BASED ON THE EVIDENCE PRESENTED TO US, WE'VE GOTTA FIND THAT THERE ARE NO SUBSTANTIALLY CHANGED CONDITIONS OR CIRCUMSTANCES REGARDING THE PROPERTY. COULD YOU SPEAK TO THAT JUST REAL BRIEFLY? YEAH, NO, WE, WE, THE, THE PLANS, THE SITE PLAN ARE ALSO GONNA BE USED. THE, THE PROPERTY'S STILL THE SAME. HE JUST REALLY, LITERALLY, IF NOT HAVING THE SURGERY LAST MONTH, UM, WOULD'VE PROBABLY GOT THE APPLICATION IN THE, THE SIX 180 DAYS IS LIKE NEXT WEEK. UM, SO HE SAW THAT IT WAS GONNA HAVE A PROBLEM, SO HE ASKED FOR US TO EXTEND IT AND STUFF, BUT OTHERWISE THERE'S NO CHANGES TO THE PROPERTY OR ANYTHING ELSE. ALRIGHT. THANK YOU SIR. MOTION, UM, ON, UH, I'M SORRY, . ALL RIGHT. THANK YOU SIR FOR SPEAKING IN, UH, FAVOR OF THE APPLICATION. TO EXTEND THE DEADLINE, ARE THERE ANY SPEAKERS REGISTERED IN OPPOSITION? NO, THE SPEAKER'S REGISTERED, SIR. ALL RIGHT, THEN WITH THAT I'LL ENTERTAIN A MOTION ON THE APPLICATION TO EXTEND THE TIME TO FILE A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY. MR. QUINT, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A 2 5 0 0 0 1 0 0 EXT ONE ON APPLICATION BY CARL CROWLEY, GRANT AND EX AND REQUEST TO EXTEND THE TIME PERIOD TO APPLY FOR A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY AND ADDITIONAL 180 DAYS BEYOND THE ONE OR YEAH, BEYOND THE 180 DAYS FROM THE BOARD OF ADJUSTMENTS FAVORABLE ACTION ON THE REQUEST FOR VARIANCE IN THE FRONT YARD SETBACK REGULATIONS GRANTED ON FEBRUARY 18TH, 2026 BECAUSE OUR EVALUATION OF THE PROPERTY AND ITS TESTIMONY SHOWS THAT NO SUBSTANTIALLY NO SUBSTANTIALLY CHANGE CONDITIONS OR CIRCUMSTANCES REGARDING THE PROPERTY. IS THERE A SECOND FOR MR. QUINN'S MOTION, MS. LAMB? I'LL SECOND. ALRIGHT, ANY DISCUSSION? ALRIGHT THEN. UM, MS. WILLIAMS, CAN WE PLEASE TAKE A VOTE ON MR. QUINN'S MOTION TO APPROVE THE EXTENSION, MS. LAMB? AYE. MR. CAMPBELL? MR. QUINN? AYE. MR. CHAIR? AYE. MOTION TO GRANT PASSES? 4 2 0. ALRIGHT, NEXT UP ON OUR THANK YOU. NEXT UP ON OUR DOCKET IS CASE NUMBER BO A DASH 26 DASH FIVE ZERO. IT'S THE APPLICATION FOR THREE SEPARATE FEE WAIVERS IN CONNECTION WITH SPECIAL EXCEPTIONS AT 1 0 1 5 BISHOP AVENUE. UM, IS THE APPLICANT PRESENT ON THIS APPLICATION? I SEE. MS. GARCIA, ARE YOU THERE? UH, MS. GARCIA, CAN YOU PLEASE PROVIDE AUDIO AND VIDEO PLEASE? SHE JUST JOINED, SO IT MIGHT TAKE A SEC. MS. GARCIA, CAN YOU HEAR US AT ALL? I SEE. OH, LET'S SEE. I'M NOT TRYING TO, OKAY, . OH, ALL RIGHT. WE SEE YOUR MESSAGE. IT SOUNDS LIKE YOU CAN HEAR US, UH, BUT IT LOOKS LIKE AT LEAST FROM OUR SIDE, THAT YOUR CAMERA'S OFF AND YOU'RE, YOU'RE MUTED. YES. YOU NEED TO PROVIDE VIDEO. I'M SORRY MS. GARCIA, IT LOOKS LIKE YOU'RE UNMUTED NOW, BUT IF YOU'RE SAYING SOMETHING WE CAN'T HEAR ANYTHING ON OUR END. ALRIGHT. SHE'S GETTING OUT WAITING FOR ME. HAN WE CAN HEAR YOU. WE JUST NEED YOU TO PROVIDE VIDEO. AH, OKAY. YOU CAN HEAR ME NOW? OKAY, GOOD. MS. GARCIA, WE CAN HEAR YOU SOMEWHAT, BUT IT'S SORT OF BROKEN UP AND WE ALSO NEED YOU TO BE ON VIDEO. THERE WE GO. WE SEE THE VIDEO. IS [00:10:01] THAT BETTER? YES IT IS. YES. THANK YOU. CAN YOU HEAR ME OKAY? YES. CAN YOU PLEASE PROVIDE YOUR NAME AND ADDRESS? YES, IT'S ISABELLA EMMY GARCIA AND THE ADDRESS AT ISSUE IS, UH, 1 0 1 5 NORTH BISHOP AVENUE. OKAY, MS. GARCIA, I THINK IT'S SUPPOSED TO BE YOUR ADDRESS, SO I'M NOT SURE IF YOU RESIDE AT THE PROPERTY, BUT, UM, I CAN YOU JUST MAKE SURE WE HAVE YOUR ADDRESS? MY PER MY PERSONAL ADDRESS IS 1940 KESSLER PARKWAY, DALLAS, TEXAS 7 5 2 0 8. I'M GOING TO SWEAR YOU IN. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. UH, YES. THANK YOU. SO TODAY I'M ASKING FOR A WAIVER FOR THE THREE, UH, VARIOUS APPLICATIONS. UM, AND THAT'S FOR THE SPECIAL EXCEPTION HEIGHT, OPACITY REGULATION, AND 20 FOOT VISIBILITY OBSTRUCTION. UM, GIMME ONE SECOND. CAN YOU TAKE THAT TO THE OTHER ROOM? 'CAUSE I CAN'T MUTE IT. YEAH. UM, SORRY ABOUT THAT. . I'M ALSO IN THE, IN THE, OKAY. AND SO, UM, IT'S ESSENTIALLY ABOVE MY MEANS. UM, WE HAVE JUST ACQUIRED THE PROPERTY AND WE'RE WORKING OUT OF IT. UM, BUT I AM THE SOLE, UH, PERSON RESPONSIBLE FOR ALL THE EXPENSES, THE OPERATING EXPENSES. WE HAVE A LOT OF THINGS WE NEED TO FIX LIKE PLUMBING, OUR FENCES FALLING OFF. UM, SO A LOT OF THINGS FOR BASIC SECURITY THAT WE NEED. FINANCIAL, UH, RELIEF AS FAR AS GETTING THE PLACE UP AND RUNNING. UM, I DON'T KNOW IF I NEED TO STATE WHY I AM REQUESTING THE EXCEPTIONS, BUT THEY'RE ESSENTIALLY RELATED TO SECURITY. UM, THE NATURE OF WHAT WE DO, UM, WHERE WOMEN, UH, WORKING HERE WE DEAL WITH DOMESTIC VIOLENCE CASES, UH, SOME CONTESTED FAMILY CASES. WE HAVE SENSITIVE FILES, SO PRIVACY IS A BIG THING FOR US. BUT, UM, THAT IS THE GIST OF THE REASON FOR THE EXCEPTION. AND FOR THE REQUEST FOR THE WAIVER, IT'S ESSENTIALLY BECOMING VERY EXPENSIVE TO, UH, JUST TO JUST TO GET UP AND MOVING. JUST FOR EXAMPLE, FOR MY CO I HAD TO APPLY FOR A FEE, $500 JUST TO UH, APPLY FOR THE GAS 'CAUSE IT HAD BEEN DISCONNECTED. THE PROPERTY HAD BEEN A, UM, BANK AND SO THEN I HAD TO PAY A $350 STARTUP FEE AND THEN A PLUMBER. SO IT'S, IT'S JUST BEEN A LOT. AND THAT'S JUST THE PLUMBING JUST TO GO TOWARDS THE CO SO IT'S JUST A LOT OF APPLICATIONS, IT'S OVERWHELMING. ALRIGHT, THANK YOU MS. GARCIA. UM, THANK YOU. SO FOR US TO GRANT, UM, A FEE WAIVER, THE STANDARD WE HAVE TO APPLY IS WE HAVE TO FIND THAT THE PAYMENT WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP TO THE APPLICANT. SO MM-HMM . COULD YOU ADDRESS THAT A LITTLE BIT? JUST TELL US MORE SPECIFICALLY ABOUT KIND OF WHAT YOU DO FOR A LIVING AND WHAT YOUR FINANCIAL CIRCUMSTANCES ARE SO THAT WE CAN MAKE SURE WE PROPERLY ASSESS THIS. SURE. SO WHAT I DO FOR A LIVING IS I'M AN ATTORNEY, SOLO FAMILY ATTORNEY, AND I'M RESPONSIBLE FOR, UM, ALL THE OVERHEAD INCLUDING MARKETING AND ADVERTISING AND STAFF. UM, BECAUSE I AM SOLO IT, I'M RESPONSIBLE FOR ALL THE EXPENSES AS WELL, THAT CAN BE VERY CHALLENGING. UM, RIGHT NOW WE'RE JUST, UH, WORKING ON MAKING THE MONTHLY BILLS AND WE NEED TO SAVE UP MONEY TO HAVE THE OFFICE PRESENTABLE FOR CUSTOMERS TO COME. ALRIGHT, THANK YOU MA'AM. ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? WE'RE GONNA START, UH, MS. LAMB? YES. SO, UM, APPRECIATE YOUR TIME TODAY, MS. GARCIA. SO JUST TO CLARIFY, THIS BUILDING ON BISHOP AVENUE IS GONNA BE AS A COMMERCIAL USE FOR YOUR, UH, LAW OFFICE? YES, IT'LL BE, YES. AND HOPEFULLY I CAN GET TENANTS ONE DAY, BUT I HAVE TO GET THE PLUMBING FIXED AND ALL THESE THINGS FIXED FIRST. THE SO YOU, YOU ACQUIRED THIS AS AN INVESTMENT? YES, MA'AM. OKAY, THANK YOU. ANY ADDITIONAL QUESTIONS? ALL RIGHT, THANK YOU MS. GARCIA. THANK YOU. ARE THERE ANY SPEAKERS REGISTERED TODAY IN OPPOSITION TO THE APPLICATION FOR FEE WAIVER AT 10 15 [00:15:01] NORTH BISHOP AVENUE? NO, THE SPEAKERS REGISTERED, SIR. THEN THE CHAIR WOULD ENTERTAIN A MOTION ON THE APPLICATION FOR FEE WAIVER AT 10 15 NORTH BISHOP AVENUE, MS. LAMB. I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 5 0 FW TWO ON APPLICATION OF ISABELLA GARCIA. DENY THE REQUEST TO WAIVE THE FILING FEES TO BE PAID IN ASSOCIATION WITH A REQUEST FOR SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATION, A SPECIAL EXCEPTION TO DEFENSE CAPACITY REGULATIONS AND AN A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS AT THE DRIVE APPROACH AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT PAYMENT WOULD NOT RESULT IN SUBSTANTIAL FINANCIAL HARDSHIPS AS APPLICANT. IS THERE A SECOND FOR MS. LAMB'S? MOTION? SECOND. ALL RIGHT. ANY DISCUSSION? WE'LL START WITH MS. LAMB. UM, MS. GARCIA, ALTHOUGH I'M SYMPATHETIC TO, UH, THE COST AND UNDERTAKING OF THIS PROJECT, UM, I SEE IT AS KIND OF THE COST OF DOING BUSINESS AND BEING A SMALL BUSINESS OWNER. I DIDN'T REALLY FIND THERE WERE SUBSTANTIAL EVIDENCE THAT THESE WERE, UH, UM, UNNECESSARY UN LIKE UNBURDENED HARDSHIP FINANCIALLY. UM, I WILL SAY WHEN WE DO COME BACK FROM FUND THIS BOARD, IF WE HAVE, ARE ABLE TO PROVIDE ADDITIONAL EVIDENCE TO SUPPORT, YOU CAN REQUEST INSTEAD OF A WAIVER OF REIMBURSEMENT. UM, BUT I JUST DIDN'T FIND THAT YOU PRESENTED ENOUGH SUBSTANTIAL EVIDENCE THAT TO PROVE THAT YOU HAVE, UH, FINANCIAL HARDSHIP, UM, AS IT PERTAINS TO PAYING THESE FEES. I UNDERSTAND AND MM-HMM . ALRIGHT, MR. QUINT. YOU KNOW, AND I I, WE LOOK AT THIS, AT LEAST I LOOK AT THIS FROM MY PERSPECTIVE OF YOUR REQUEST IN THE CITY OF DALLAS SUBSIDIZE YOUR BUSINESS OPERATIONS AND I DON'T SEE THAT PERSONALLY AS THE CITY OF DALLAS'S PERSPECTIVE TO HELP UNDERWRITE YOUR BUSINESS OPERATIONS. ALRIGHT, ANY ADDITIONAL COMMENTS THEN? CAN WE PLEASE, UH, MS. WILLIAMS HAVE A ROLL CALL VOTE ON MS. LAMB'S MOTION TO DENY THE APPLICATION FOR VWA MS. LAMB? AYE MR. QUINN? AYE. MR. CAMPBELL AYE MR. CHAIRMAN AYE, MOTION TO DENY PASSES FOUR TO ZERO. AYE. THANK YOU MS. GARCIA FOR COMING TODAY. WE APPRECIATE YOUR TIME. THANK YOU FOR YOUR TIME. BYE-BYE. NEXT IS THE ONLY ITEM ON OUR UNCONTESTED DOCKET. IT'S THE CASE NUMBER BO OA DASH 26 DASH 43. PROPERTY IS AT 4 4 2 8 PARK LANE. IT'S THE SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATION. UH, IS THE APPLICANT HERE TO SPEAK IN FAVOR OF THAT APPLICATION TODAY? OH, OKAY. WELL, IS THERE ANYBODY REGISTERED TO SPEAK AT ALL? NO. NO. ALRIGHT, GREAT. THEN THE CHAIR WILL ENTERTAIN A MOTION. RIGHT? WE'LL DO MS. LAMB. I MOVE THE BOARD OF ADJUSTMENT, UH, GRANT FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE, THAT THE APPLICATION SAT SATISFIES ALL OF THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND IS CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WITT BO OA DASH 26 DASH 0 0 0 4 3 APPLICATION OF JAN MICHAEL WANDA. FOR SPECIAL EXCEPTION DEFENSE TYPE REGULATIONS CONTAINED THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOW CONDITION. COMPLIANCE TO THE MOST RECENT VERSION OF SUBMITTED SITE PLANS AND ELEVATIONS ARE REQUIRED. IS THERE A SECOND FOR MS. LAMB'S MOTION TO APPROVE THE SPECIAL EXCEPTION? SECOND. ALL RIGHT. ANY DISCUSSION ON THE MOTION ON THE UNCONTESTED DOCKET? ALRIGHT, IN THAT CASE, MS. WILLIAMS, CAN WE PLEASE CALL A ROLL CALL VOTE ON MS. LAMB'S MOTION TO APPROVE THE SPECIAL EXCEPTION MS. LAMB? AYE. MR. QUINN? AYE. MR. CAMPBELL AYE. MR. CHAIRMAN AYE. MOTION FOR GRAHAM PASSES FOUR TO ZERO. NEXT STEP ON OUR DOCKET IS CASE NUMBER BO OA DASH 26 DASH 33. THE PROPERTY'S AT 1 5 1 0 MARFA AVENUE REQUESTING A VARIANCE TO THE SIDE YARD SETBACK. AND THAT'S THE APPLICATION OF MS. APRIL ROSS. IS SHE PRESENT? YES MA'AM. COME ON UP. THEY'RE BOTH AVAILABLE ? YES. YES. YEAH, BUT YOU'LL BOTH JUST NEED TO BE SWORN IN AND GIVE YOUR NAMES AND ADDRESSES. OKAY. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? CAN YOU TURN THE MIC ON PLEASE? APRIL ROSS. AND YOUR ADDRESS? 4 0 1 SADDLE BLANKET DRIVE IN JOSEPHINE, TEXAS 7 5 1 7 3. OKAY. AND YOU SIR? UM, KEVIN BROTHERTON AND 2159 FERION DRIVE [00:20:01] 20, TEXAS SEVEN 5.32. OKAY. DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES. YES. OKAY. PLEASE PROCEED. YOU HAVE FIVE MINUTES. UM, SO WE'RE REQUESTING THE VARIANCE FOR, TO, FOR THE BUILDING THAT'S, IT'S ALREADY BEEN BUILT. UM, WE HAD A, A PREVIOUS SURVEY IN WHICH WE CAME OFF, A NEARBY SURVEY WE DID THAT WAS A ACROSS, UM, AN ADJOINING BLOCK EAST. UM, AND WHAT WE ORIGINALLY DID WAS HONOR THAT RIGHT OF WAY AT THE PROOF BETWEEN THE BLOCKS. AND, UM, WHEN THE CLIENT CAME BACK WITH AN ISSUE, UM, WE WENT BACK OUT AND WE SURVEYED THAT ENTIRE BLOCK AND NOTICED THAT SOME OTHER SURVEYORS CAME OUT AND AT THE PROPERTIES TO THE SOUTH OF THE PROPERTY WE'RE SURVEYING, THEY SET MONUMENTS THAT SKEWED ALL ALONG THE, UM, THAT SOUTH LINE OF THE BLOCK. AND SO WE ADJUSTED OUR SURVEY TO HONOR THAT WITH THE ATION THAT HAVE FOUND. AND SO IT, IT CHANGED THE BOUNDARY FROM THE UNIVERS THAT WE HAD AND UNFORTUNATELY YOU DIDN'T FIND THESE MONUMENTS UNTIL AFTER THE HE PARTY. ALRIGHT. UM, MS. LAMB, UM, I WOULD YOU PROVIDE AN, A TIMELINE? UH, 'CAUSE THERE'S TWO SURVEYS PROVIDED. SO CAN, CAN YOU INDICATE FIRST, FIRST OFF, WHEN THE FIRST SURVEY WAS PROVIDED AND THEN WHEN THE SECONDARY SURVEY WAS PROVIDED? WE'RE ASSUMING THE SECONDARY SURVEY IS THE CORRECT SURVEY IS YES. YES, THE SECONDARY SURVEY IS THE CORRECT SURVEY. UM, THE FIRST SURVEY WAS CONDUCTED ON, SORRY, I HAVE THEM IN FRONT OF ME SO I DON'T FORGET DATE. UM, DECEMBER 30TH, 2024. OKAY. AND THE SECOND SURVEY, THE SECOND ONE WAS CONDUCTED FEBRUARY 18TH, 2020 FIFTH. CAN YOU PLEASE SPEAK ON THE RECORD, UM, CLOSER TO THE MICROPHONE PLEASE. THE FIRST SURVEY WAS DONE DECEMBER 30TH, 2024 AND THE OTHER SURVEY WAS DONE FEBRUARY 18TH, 2026. SO AT WHAT POINT WERE THE PERMITS FILED THE CITY BASED ON, I'M ASSUMING THE, THE ORIGINAL SURVEY THAT WAS THE DECEMBER SURVEY, WHEN WERE THOSE SUBMITTED TO THE CITY? I HAVE 'EM RIGHT HERE. THAT'S OKAY. UM, IT LOOKS LIKE ONE WAS FILED, SORRY, I'M LOOKING AT THE DATE. FEBRUARY 6TH, 2026 OR 2026. UM, THERE WAS, SORRY, I'M TRYING TO FIGURE OUT, THIS MIGHT ALL JUST BE THE SAME ONE, BUT, UM, YEAH, IT LOOKS LIKE FEBRUARY 6TH, BUT WHEN DID CONSTRUCTION BEGIN? UM, THE OWNER WOULD KNOW BETTER THAN WE WOULD. UM, AND THE OWNER'S NOT HERE TODAY? I DON'T KNOW. HE MIGHT BE IN THE MEETING. YES, HE'S HERE. OKAY. I'M I'M JUST CURIOUS AS TO TIMELINE BECAUSE IF THE, THE INCORRECT SURVEY IS DECEMBER THE CORRECT SERVICE? FEBRUARY PERMITS WERE ISSUED IN FEBRUARY, BUT WE HAD A NEW SURVEY IN FEBRUARY. WHEN WAS THIS CONSTRUCTION BEGAN? UM, AND THEN I GUESS WE'LL, WE'LL WAIT TO ASK AND I JUST HAVE ONE MORE QUESTION. OKAY. SO HE'S NOT SWORN IN, SO WE CAN'T USE THAT. SO WE WILL GET TO HIM IN A MINUTE AND, AND WE NEED TO PROBABLY MUTE THAT CHAT. RIGHT. UM, LIKE WHEN YOU ALL TALK ABOUT MONUMENTS AND SUCH, I'VE NEVER BEEN TO A SURVEY SCENE, I'VE NEVER SURVEYED A PROPERTY. CAN YOU GO BACK AND TALK TO US AS IF, EDUCATE US ON WHAT THIS PROCESS LOOKS LIKE AND TELL US WHAT, GIVE US SOME OF THESE DEFINITIONS. SO THE, THE MONUMENTS IS THE ACTUAL PROPERTY CORNERS THAT ARE IN THE GROUND THAT SEPARATE YOUR PROPERTY FROM THE NEIGHBORING PROPERTY FROM THE CITY RIGHT OF WAY. UM, SO WE, WE GO OUT AND LOCATE THOSE AND, UM, DO THE BEST WE CAN TO MATCH THAT THROUGH THE REPORTED FLAT TO PROVIDE THE CLIENT WITH A BOUNDARY WITH THEIR SURVEY. ONE LAST QUESTION. I'LL, I'LL GIVE OTHERS A MOMENT. WHAT WAS THAT MOMENT THAT'S, THAT TRIGGERED Y'ALL TO GO DO A SECONDARY SURVEY? I BELIEVE WE WERE CONTACTED FROM THE CLIENT FOR, SO WE HAVE DONE THREE JOBS TECHNICALLY FOR THIS CLIENT. THE ORIGINAL WAS A FINAL SURVEY WHICH HAD THE ORIGINAL, UM, THE INCORRECT BOUNDARY THAT YOU SAW. AND THEN AS HE WAS BUILDING AND GOING THROUGH THE BUILDING PROCESS, WE CONTINUED TO DO THOSE SURVEYS. AND WHEN WE WERE OUT THERE FOR THAT LAST TASK, WHICH WAS [00:25:02] A, IT WAS A FORM SURVEY. UM, WHEN WAS THAT? THIS WAS FEBRUARY 18TH, 2026. OKAY. WHAT PHASE OF THE PROCESS DO YOU GO OUT AND DO A FORM SURVEY? SO FORM SURVEY IS, HE ALREADY HAS THE CONCRETE SLAB BOARD AND FRAMING WAS ALREADY PUT UP ON THE HOUSE. SO, SO Y'ALL REALIZED THE SURVEY WAS OFF WHEN THE FOUNDATION'S BOARD AND THEN CONTINUED TO STILL BUILD. SO WHEN WE REALIZED THE PROBLEM, WE BROUGHT IT TO HIS ATTENTION AND IT TURNS OUT THE FRAMING HAD ALREADY BEEN UP ON THE HOUSE AND OTHER THINGS HAD ALREADY BEEN BUILT. BUT WE KNEW AT THAT POINT, I GUESS I'D HAVE TO APPLICANT, BUT THE APPLICANT KNEW AT THAT POINT THAT HE, HE WAS, I DON'T KNOW EXACTLY WHAT DAY HE WAS NOTIFIED FOR. SURE. OKAY. MR. QUINT. OKAY, YOU'RE APRIL ROSS? YES I AM. YOU'RE THE APPLICANT BUT YOU'RE NOT THE OWNER OF THE PROPERTY. YOU'RE CORRECT. YES. OUR COMPANY REALIZED THE ERROR THAT WE HAD MADE AND SO WE HAD TAKEN OVER CONTROL OF APPLYING FOR THE VARIANCE AND SEEING IF WE COULD MAKE THIS RIGHT FOR THE OWNER. OKAY. MR. CAMPBELL, SO ONE OF THE STANDARDS AND MAYBE THE MOST IMPORTANT STANDARD THAT WE HAVE TO APPLY IS WHETHER THIS WAS SELF-CREATED. UM, AND SO I THINK THAT'S WHY YOU'RE GETTING SOME OF THESE QUESTIONS. I JUST WANTED TO PUT THAT IN CONTEXT FOR Y'ALL. OKAY. UM, TO THAT END, I ALSO HAVE NEVER SURPRISES BY LOTS OF PEOPLE ON THE PANEL, UH, NEVER DONE A SURVEY. AND SO I WOULD, COULD YOU GIVE ME A LITTLE BIT MORE INFORMATION ABOUT, AND I'M NOT TRYING TO PAINT SOMEONE INTO A CORNER, I'M JUST TRYING TO GET AS MUCH INFORMATION FOR US SO WE CAN MAKE THE DECISION THAT'S RIGHT FOR THE CITY AND FOR THE LAW, UH, ABOUT WHAT HAPPENED WITH THOSE, WHAT WOULD YOU CALL THEM MONUMENTS? YES. CAN YOU JUST KINDA WALK US THROUGH MAYBE A CHRONOLOGICAL STEP-BY-STEP SO WE CAN UNDERSTAND? SURE. SO, UM, SO PICTURE YOU HAVE JUST A, A SQUARE BOX. WE SAY, I DON'T KNOW THE MEASUREMENTS AT THE TOP OF 5,500 AND EVERY PROPERTY ON THAT BLOCK IS THE EXACT SAME BEDROOM. AND THEN TWO, YOU'RE EAST, YOU HAVE A STREET THAT'S A 50 FOOT RIGHT OF WAY. UM, AND THEN YOU'VE GOT MORE PROPERTIES THAT ARE 5,500. SO WE WENT OUT AND WE LOCATED THE MONUMENT WE DEFINED AT, ON OUR BLOCK AND WE CAME OFF OF A PREVIOUS JOB WE DID ON THE WALKTHROUGH EAST. SO WHEN WE DO THIS, WE NEED TO DO WHAT WE CAN TO HONOR THE RIGHT OF WAY OF THAT STREET. SO WE CARRIED THE BOUNDARY THAT WE COMPLETED ON THIS BLOCK, WHICH EVERYTHING WORKED AS FAR AS THE MONUMENTS MATCHING THE PLAQUE. SO WHEN WE CARRIED THAT OVER, UM, WE, WE FOUND WHAT MONUMENTS WE COULD, EVERYTHING WAS WORKING THROUGH THOSE MONUMENTS. AND THEN I BELIEVE THE OWNER NOTICED THAT THERE WAS AN ISSUE. UM, WAS THERE A, AN ISSUE WITH THE NEIGHBOR? I BELIEVE SO. THE NEIGHBOR WAS ARGUING THE SURVEY. SO WE TRIED TO DO OUR DUE DILIGENCE AND WE CAME BACK AND WE SEARCHED FOR MORE MONUMENTS BEHIND US ON THE, ON THE TREE BEHIND US TO SEE IF THEY MATCHED UP WITH EVERYTHING ELSE WE FOUND ON THE BLOCK. SO THESE MONUMENTS WE FOUND BEHIND US, INSTEAD OF GOING STRAIGHT UP AND DOWN WITH THE PLAT, THEY CAME MORE AT AN ANGLE WHICH CHANGED THE WAY THE BOUNDARIES LINES WOULD GO. SO DID THE BOUNDARY LINES GOING STRAIGHT UP AND DOWN LIKE THIS. THEY WENT MORE AT AN ANGLE LIKE THIS, IT SPEEDED EVERYTHING OVER, I WANNA SAY TWO AND A HALF TO THREE FEET. SO IT CHANGES HOW THE BUILDING LINES WOULD GO BECAUSE THEY WOULD FOLLOW THOSE . AND SO CHAIR TO FOLLOW UP, SO YOU MENTIONED THE NEIGHBOR JUST A MOMENT AGO IS, AND JUST SO WE KNOW, WE DO HAVE ONE LETTER OF OPPOSITION, WHICH I BELIEVE IS THIS NEIGHBOR. DID YOU GET A, A CHANCE TO SPEAK WITH THIS NEIGHBOR? UH, YOUR COMPANY? NOT THE OWNER? UH, NO. OUR COMPANY HAS NOT GOTTEN A CHANCE TO SPEAK WITH THIS OWNER. WE JUST KNOW THAT THERE ARE MONUMENTS ON THEIR PROPERTY FROM ANOTHER COMPANY AND THAT HELPED OUR DECISION. OKAY. UH, DO YOU, DO WE HAVE ANY EVIDENCE OF THOSE MONUMENTS FOR US? WE HAVE ON OUR SURVEY WHERE WE HAVE THOSE MONUMENTS. YEAH. COULD YOU POINT US TO THAT? UM, I SUBMITTED IT IN THE INITIAL REQUEST. IT'S THE INCORRECT SURVEY. IF YOU LOOK, UM, ON THE PROPERTY LINES, IT HAS LIKE LITTLE CIRCLES ON THE CORNERS AND IT'LL SAY, UM, A HALF INCH YC IRF. YEAH, I SEE THAT. UM, IT'S ON, SO INITIALLY PAGE 68 FOR THE RECORDS SORRY, GO AHEAD. UM, [00:30:01] INITIALLY THOSE RODS WEREN'T THERE. AND SO WHEN WE WENT BACK OUT AFTER THE OWNER RAISED CONCERN, WE ENDED UP FINDING THOSE MONUMENTS SHOWING THAT UM, YOU KNOW, THE COMPANY CBG HAD WENT OUT AND BASICALLY DISPROVEN OUR BOUNDARY. SO THE NEIGHBOR TO YES, 1514 MARTHA. OKAY. HIRED A ANOTHER COMPANY TO COME AND REFUTE YOUR SURVEY? YES. I DON'T KNOW IF THAT WAS THE SPECIFIC REASON, BUT UM, THIS HAPPENS A LOT WITH SURVEYING. MM-HMM . UH, COMPANIES JUST HAVE TO GET TOGETHER AND FIGURE OUT, YOU KNOW, WHERE ONE OF US WENT WRONG AND WHAT THE CORRECT ONE IS. HAVE YOU HAD ANY CORRESPONDENCE WITH THAT OTHER COMPANY? NOT THAT I'M AWARE OF. I DON'T KNOW IF I HAVEN'T TALKED TO 'EM. I HAVEN'T PERSONALLY SPOKEN WITH THEM. OKAY. UH, AT OUR BRIEFING WE WERE IN, WE WERE INFORMED ABOUT SOME FINANCIALS. ARE THOSE FINANCIALS SUPPLIED BY Y'ALL FOR THE, FOR THE, FOR THE POTENTIAL RECONSTRUCTION SHOULD YOU KNOW THAT NEED TO HAPPEN? WERE THOSE FINANCIALS PROVIDED BY Y'ALL OR IS THAT SOMETHING THE OWNER WOULD HAVE? THAT'S SOMETHING THE OWNER PROVIDED, YES. OKAY. THANK YOU MR. QUINT. SO ON THE DATES OF THE SURVEYS, WE, I'VE GOT TWO BURN SURVEYING FORMS THAT PROVIDED IN MY PACKET. ONE HAS GOT THE THREE FOOT EASEMENT, ONE'S GOT THE FIVE FOOT, YOU KNOW, BACK I SAID HE'S BEEN SET BACK, BUT THEY'RE BOTH DATED ON THE SAME DATE OF FEBRUARY, 1826. YES. ONE WAS BEFORE WE REALIZED THE ERROR. IF THESE ARE JUST THE DATES THAT ARE ON OUR SURVEYS, UM, THIS WAS REALLY BROUGHT TO MY ATTENTION IN APRIL AND THAT'S WHEN THE OWNER OF THE COMPANY KIND OF PUT ME IN CHARGE OF APPLYING FOR THE VARIANT. BUT UM, WE WENT OUT AND DID THE FIELD WORK IN FEBRUARY AND I DON'T THINK IT WAS REALIZED UNTIL MARCH OR APRIL. YES MA'AM. HAS, THERE'S NO FINAL CO ON THIS, DO WE DO, DOES THE CITY GIVE COS ON RESIDENCE? NO. OKAY. TRUE. JUST TO FOLLOW UP ON WHAT YOU JUST SAID, IT YOU, UM, AND I DON'T EXPECT EXACT DATES, BUT YOU SAID THIS, IT WASN'T REALIZED UNTIL MARCH OR APRIL WHEN YOU'RE SAYING IT WASN'T REALIZED OR YOU'RE REFERRING TO THE INCONSISTENCIES BETWEEN THE SERVINGS? YES. OKAY. ALRIGHT THEN. UM, THANK YOU VERY MUCH. WHO I'D LIKE TO HEAR FROM NEXT IS THE HOMEOWNER WHO I BELIEVE IS PRESENT REMOTELY. SIR, ARE YOU ON ZOOM? YES SIR. CAN YOU HEAR ME? CORRECT. GREAT. MS. WILLIAMS IS GONNA SWEAR YOU IN AND TAKE SOME INFORMATION. CAN YOU PLEASE SAY YOUR NAME AND ADDRESS PLEASE? YES, MY NAME IS CAMEL HELME. MY ADDRESS IS 3 8 4 0 BAR ROCK WAY, FRISCO, TEXAS 7 5 0 3 3. I APOLOGIZE. 3 8 4 0. YEAH. 3 8 4 0 BARAK, B-A-R-O-Q-U-E WAY, FRISCO, TEXAS 7 5 0 3 3. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES MA'AM. OKAY. PLEASE PROCEED. YES. UH, IS THERE ANY SPECIFIC QUESTION I CAN ANSWER OR CAN I SAY MY SIDE OF THE STORY? I'M HAPPY TO DO BOTH. WELL, SIR, WHY DON'T YOU JUST TELL US LIKE IN YOUR OWN WORDS WHAT HAPPENED AND THEN WE MAY HAVE SOME SPECIFIC QUESTIONS. I BOUGHT THE PROPERTY IN 2024 AND I THINK, UH, BURN SURVEY HAS PROVIDED THE SURVEY AND THEN BEFORE CONSTRUCTION IN 2026, I, UM, I DID A RETAKING, WHICH IS THE BURN SURVEY COMPANY GOES OUT AND PUTS THE STAKES TO MAKE SURE THAT I'M IN THE RIGHT, UH, IN THE RIGHT LOT. I'M NOT INTERFERING WITH MY NEIGHBOR. AND UH, AFTER WE PUT THE FORM WORK, I DO A FORM SURVEY AND IT CAME OUT AGAIN THAT LIKE WE ARE IN THE RIGHT, I HAVE FIVE FEET SET BACK FROM EACH SIDE. SO I PROCEEDED TO PUT THE FOUNDATION THAT THE PEERS AND THE FOUNDATION AND ME AND MY NEIGHBOR, HIS NAME IS KEITH, I THINK HE'S THE COUSIN OR THE UNCLE OF THE OWNER. HE SAID, UH, YOU MIGHT BE IN THE WRONG. I SAID, YOU KNOW WHAT, IF I'M IN THE WRONG, PLEASE PROVIDE ME MY SURVEY. 'CAUSE I ALREADY HAD THREE SURVEYS IN MY, MY MY OPINION THAT PROVE, PROVE THAT I'M WRONG. UM, HE SAID, OKAY, I'LL PROVIDE ONE. AND WE KEPT LIKE MEETING, WE KEPT [00:35:01] TALKING AND UH, I THINK I, I DON'T REMEMBER THE EXACT DATES, BUT IN APRIL, HE CBG HAS PROVIDED THEIR OWN SURVEY THAT THIS IS WHEN I CONTACTED THE BURN SURVEY THING. HEY, THERE'S A DISCREPANCY IN THE, IN THE SURVEY, CAN YOU PLEASE CHECK? AND THEN BY THE TIME THAT BURN SURVEY HAS CHECKED, UH, I MEAN THE HOUSE WAS ALMOST COMPLETE LIKE, 'CAUSE WE, WE PUT THE FOUNDATION IN, UH, FEBRUARY FRAMING WAS DONE IN ONE WEEK, PLUMBING, HVAC, EVERYTHING WAS DONE IN LIKE A MONTH, MONTH AND A HALF. WHAT WAS, WHAT WAS LIKE MISSING WAS ALMOST LIKE THE KITCHEN CABINETS AND THE FINISHING. SO I TOLD, UH, KEITH, MY NEIGHBOR, IF I'M IN THE WRONG, I'LL GLADLY MOVE MY FENCE ON MY OWN EXPENSE. AND LIKE, I DON'T HAVE A PROBLEM HONESTLY WITH MY NEIGHBOR AT ALL. I MEAN THE, THE ISSUE RIGHT NOW IS THE, UH, THREE FEET SETBACK. UH, BUT, BUT THAT TIME I CONTACTED BURN SURVEY. I SAID, HEY, WHAT CAN WE DO ABOUT THAT? THEN THIS IS WHERE WE PROCEEDED TO DO THE, UH, THE VARIANCE APPLICATION. AND UH, I'M SORRY IF I'M TALKING TOO FAST, I'M A LITTLE BIT NERVOUS, BUT I HOPE IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW. A ANY QUESTIONS FOR THE PROPERTY OWNER? WE'LL START WITH MR. QUINT. THANK YOU FOR B BEING HERE ON VIDEO. QUICK QUESTION. SO WHEN THE, THE MATTER CAME UP IN FEBRUARY, DID YOU NOT THINK IT WOULD'VE BEEN PRUDENT TO BEFORE CONTINUING TO PROCEED IN CONSTRUCTION? KIND OF CLARIFY AND MAKE SURE THAT YOU WERE IN THE RIGHT, THE, I DON'T THINK THE, UH, IT DIDN'T COME UP IN FEBRUARY. BY FEBRUARY WE'D, I WOULD'VE ALREADY PUT OUR FOUNDATION. SO, UH, THE NEIGHBOR HAS TOLD US YES, THERE MIGHT BE A DISCREPANCY IN THE SURVEY. AND I SAID, OKAY, PLEASE PROVIDE ME YOUR OWN SURVEY BECAUSE I ALREADY HAVE THREE SURVEYS OR THREE PROOF THAT I'M RIGHT. THE FIRST SURVEY WHEN I BOUGHT THE LOT, THE RETAKING OF THE PROPERTY AND THE FORM SURVEY, WHICH IS THE, THE SURVEY BEFORE WE PUT THE CONCRETE. SO IN MY OPINION, UH, I MEAN I'M, I'M NOT A SURVEYOR AS WELL, I WAS IN THE RIGHT, UH, BUT ONCE HE PROVIDED HIS OWN SURVEY, I THINK IT WAS IN APRIL, IF I'M NOT MISTAKEN, THE HOUSE WAS ALMOST COMPLETE. SO YOU, YOU JUST KEPT ON GOING, NOT FEAR, NOT WORRIED ABOUT YOUR SURVEYORS BEING IN THE WRONG, IS THAT RIGHT? YES, BECAUSE I DO TRUST BURN SURVEY AND I'VE WORKED WITH THEM SEVERAL TIMES AND I NEVER IMAGINED THAT THERE'S BEEN A, A MISTAKE AGAIN BECAUSE I GOT THESE SURVEYS FROM THE BEGINNING. SO IN MY OPINION, I WAS, I WAS IN THE RIGHT AND HE DIDN'T HAVE HIS, UH, MR. KEITH DIDN'T HAVE A SURVEY, SO I COULDN'T TRUST HIS WORD OF MOUTH. IT'S NOT THE INSTRUCTION WHEN OTHER QUICK QUESTION. IS YOUR INTENTION TO USE THIS AS A RENTAL PROPERTY? NO. I, I BUILD HOMES AND I SELL THEM. I DON'T RENT ANYTHING. OKAY. YEAH, I'M A NEW BUILDER. IT'S MY THIRD HOUSE. THANK YOU. THANK YOU MS. LAMB. UM, JUST CURIOUS, HOW DID THIS CASE FIND ITS BY THE BOARD IF CITY STAFF HAD APPROVED THE ORIGINAL PLANS BASED ON THE SURVEY THAT WAS PROVIDED AND THERE IS NO CO HOW DID IT, HOW DID IT COME HERE? IT'S NOT REALLY IMPORTANT, BUT I'M JUST CURIOUS QUESTION FOR ME OR DID I I ANSWER OR, SO HOW, HOW DOES THAT WORK? OH, SO THE APPLICANT'S SELF-REPORTED APPLICANT SELF-REPORTED, OH, UM, HOLD ON, HOLD ON. WE'RE ASKING STAFF. 'CAUSE IF, IF YOUR ORIGINAL PLANS HAD BEEN APPROVED BY THE CITY BASED ON THE SURVEY, I'M JUST CURIOUS HOW YOU FOUND YOUR WAY HERE. AND IT SOUNDS LIKE, AND MAYBE YOU CAN CONFIRM THAT YOU'VE SELF-REPORTED YES MA'AM TO RESIDENTIAL YES. IS THAT, IS THAT TRUE? I'M SORRY, UH, QUESTION FOR ME. OKAY. ALRIGHT, WE'RE GONNA, WE, THE NEXT QUESTION, I HAVE A QUESTION WHICH IS, UM, SO UNDER A PARTICULAR PART OF THE CODE, IT'S 51 A DASH 3 1 0 2 D, 10 B , THE BOARD HAS DISCRETION TO CONSIDER SOME ADDITIONAL GROUNDS ABOUT WHETHER TO GRANT A VARIANCE AND SOME OF THOSE THINGS GOT ALLUDED TO IN THE BRIEFING, BUT I JUST WANTED TO MAKE SURE YOU HAD A CHANCE TO TALK THROUGH THOSE. AND SPECIFICALLY, ONE OF THE GROUNDS IS THAT [00:40:01] THE FINANCIAL COST OF COMPLIANCE WOULD BE GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE. UH, CAN YOU PLEASE SPEAK TO THAT? IT SOUNDS LIKE YOU RUN THE NUMBERS ON THAT AND CAN YOU TELL US YES, YOUR CONCLUSIONS WERE OF COURSE. 'CAUSE I DO, I I BUILD A HOUSE WITH A BANK LOAN AND THIS IS HOW MUCH MONEY I GOT FROM THE BANK TO CONSTRUCT THE HOUSE. AND I HAVE THE EVIDENCE IN A PDF, UH, THAT'S HOW I CAME UP WITH THE NUMBER THREE 15. THIS IS THE LOAN AMOUNT THAT I GOT FROM THE BANK TO BUILD THE HOUSE, NOT COUNTING THE, UH, THE LOAN, UH, ORIGINATION AND ALL THE OTHER COMPANY FEES. BUT TO BUILD THE HOUSE, I DID SPEND THAT MUCH. BUT CAN YOU WALK US THROUGH THE NUMBERS AGAIN? LIKE HOW MUCH, SO THE TOTAL YOU SPENT ON STRUCTURE, THE ESTIMATE TO, TO BRING YOURSELF INTO COMPLIANCE AND THE OVERALL ASSESSED VALUE. CAN YOU JUST WALK US THROUGH THOSE NUMBERS AGAIN? UH, IN TERMS OF LIKE HOW MUCH I SPENT TO BUILD THE HOUSE? WELL, YES, BUT THEN SPECIFICALLY HOW MUCH WOULD IT COST IF WE DENIED THE APPLICATION AND YOU WERE FORCED TO, UH, MOVE THE STRUCTURE? OH, UH, IT COSTS BETWEEN 10 TO $20,000 TO DEMOLISH A HOUSE. AND BECAUSE THE HOUSE HAS YEARS IN IT, IT WOULD COST A LITTLE BIT MORE. 'CAUSE I PUT DEER TEARS TO TOUCH THE ROCK AND THAT WOULD COST A LITTLE BIT, WAY MORE JUST TO REMOVE THOSE PIERS AND TO READJUST THE FOUNDATION. UH, SO I ESTIMATED, UH, 'CAUSE I DID DEMOLISH A HOUSE BEFORE WITH A, WITH A PARTNER OF MINE, SO I KNOW IT COST BETWEEN 10 AND $20,000. AND TO BUILD THE HOUSE, I JUST USED WHAT I SPENT ON FROM MY LOAN TO BUILD THE HOUSE. SO THAT, THAT'S THE THREE 15. RIGHT. SO THE, THE NUMBER YOU'RE DOING IS YOU'RE SAYING IF, IF WE DENIED THIS, YOU WOULD HAVE TO DEMOLISH THE ENTIRE STRUCTURE. SO YOUR TOTAL IS 310, WHICH IS WHAT YOU PUT INTO IT, PLUS 10 TO 20 TO PAY SOMEBODY TO KNOCK IT DOWN, CORRECT. YEAH. AND THE PERMITS AND YEAH. HAVE YOU DONE ANY KIND OF ASSESSMENT ABOUT WHETHER YOU CAN COME INTO A COMPLIANCE WITHOUT KNOCKING DOWN THE ENTIRE STRUCTURE? I HAVE NOT, TO BE HONEST WITH YOU, UH, NO, I HAVE NOT DONE AN ASSESSMENT. I, I DON'T KNOW, I THINK IT'LL COST JUST, UH, I CAN THINK ABOUT IT RIGHT NOW. THE FRAMING COST AROUND 10,000. UH, THE FOUNDATION HAVE TO CUT IT AND THE ROOF ANOTHER 5,000. THE SHEETROCK, UH, THERE'S, UH, WE PUT FORM INSULATION. THAT'S ANOTHER $3,000. I, I WOULD SAY IT'S AROUND JUST TO, IF YOU WANNA SLICE THAT PART FROM THE BEGINNING TO THE END, I WOULD SAY AROUND, I WANNA SAY LIKE BETWEEN 60 AND $90,000 JUST TO SLICE THAT BIT AND MAKE THE HOUSE LOOK COHERENT BETWEEN SIX AND 9,000. AND I KNOW YOU TOLD US THE, WHAT YOU SPEND IN THE PROPERTY. DO YOU HAVE ANY IDEA WHAT THE CURRENT APPRAISED VALUE OF THIS STRUCTURE IS? YES. UH, A 475,000. ALRIGHT. ANY ADDITIONAL QUESTIONS FOR THE PROPERTY OWNER? MR. KIMBALL? CAN YOU, UH, TELL ME A LITTLE BIT MORE, NOW THIS ISN'T A PART OF THE LEGAL STANDARD HERE, BUT IT'S IMPORTANT BECAUSE IT'S THE NEIGHBORS WHO YOU'RE GONNA BE IMPACTED BY THIS THE MOST. SO THE ONLY LETTER OF OPPOSITION WE HAVE IS FROM THE NEIGHBOR. YEAH. I THINK YOU, YOU REFERENCED, UH, RELATIVE OF THE NEIGHBOR WHO YOU WERE COMMUNICATING WITH. CAN YOU TELL US MORE ABOUT THOSE COMMUNICATIONS AND ANYTHING THAT'S HAPPENED SINCE THE, THE, UH, BUILDING HAS BEEN COMPLETED? YES, OF COURSE. UH, HIS NAME IS KEITH. I THINK WE ARE ON GOOD TERMS WITH HIM. UH, HE, WE JUST MEET EVERY TIME WE THERE, WE JUST TALK. UH, AND THEN HE JUST MENTIONED THAT I THINK THERE'S A, THE MAIN ISSUE IS THERE'S A DISCREPANCY BETWEEN THE, THE SURVEY, THE EVEN THE CBG AND THE BURN SURVEY AND THE PLAT, BECAUSE THE DRIVEWAY, THEIR DRIVEWAY IS ON ALMOST ON MY PROPERTY LINE. SO THIS WAS THE MAIN ISSUE THAT HE HAS, HAS TOLD ME LIKE, HEY, MY, UH, MY DRIVEWAY IS ON YOUR PROPERTY LINE. I SAID, YEAH, BUT LIKE MY DRIVEWAY WAS ON MY NEIGHBOR'S PROPERTY LINE AND I HAD TO REDO THE WHOLE DRIVEWAY. SO I THOUGHT SOMETIMES THE PLA WAS VERY OLD AND THE SURVEY IS NEWER, SO THERE'S BEEN A DISCREPANCY OVER THAT, THAT THIS IS THE MAIN ISSUE. WHEN HE TOLD ME THAT, AND THEN HE SAID, OKAY, PLEASE GET YOUR OWN SURVEY AND UH, IF YOU'RE RIGHT, I'M GONNA MOVE MY FENCE. AND WE DID, I RESPECTED HIS SURVEY AND I MOVED MY FENCE. WE DON'T HAVE ANY ISSUES RIGHT NOW. AND I THINK THAT ONLY FROM WHAT I UNDERSTAND, MRS. UH, CHERYL, UH, SHE'S THE ONE WHO TYPED THE EMAIL AND SAID SHE OPPOSED THAT MOTION IS BECAUSE THE DRIVEWAY IS ON, LIKE ALMOST [00:45:01] TOUCHING MY PROPERTY LINE. AND I THINK AGAIN, IT'S A DISCREPANCY BETWEEN THE, THE SURVEYS, THE CURRENT ONE AND THE, THE OLD PLATS. BUT WITH KEITH IS WE'RE, I HAVE MY, HIS PHONE NUMBER ON MY PHONE. I CALL HIM, HE CALLS ME AND WE TEXT WE'RE GOOD, BUT HE IS NOT THE OWNER. SO I DON'T TAKE IT MATTERS MR. UHLIN IN IN HER LETTER TO US IN OPPOSITION. YEAH. UH, SHE'S SAYING THAT SHE HAD ASKED YOU TO HOLD OFF AND NOT PROCEED, UM, IN THIS PROCESS UNTIL YOU KIND OF RECTIFIED THE SITUATION. DO YOU RECALL THAT CONVERSATION? UH, I HONESTLY DON'T, BUT I TOLD, UH, MS. MR. KEITH AND MICHELLE, IF I'M IN THE WRONG, I WILL MOVE MY FENCE. SO BEFORE THEY GAVE ME MY SURVEY, THEY GAVE, BEFORE THEY GAVE ME THEIR SURVEY, MY FENCE WAS ON THE PROPERTY AND I SAID, IF I'M IN THE WRONG, I'LL HAPPILY MOVE MY FENCE. AND I DID MOVE MY FENCE. SO THAT VARIANCE, UH, IS ON MY SIDE OF THE PROPERTY, BUT I, IT, IT, IT FEELS LIKE TO ME THAT SHE WAS MORE NOT ABOUT THE FENCE AS MUCH AS WHERE THE BUILDING WAS, THAT YOUR HOUSE WAS BEING LAID OUT, NOT ABOUT THE FENCE. I, THE, THE ONLY RESPECT I SPEAK WITH KEITH, HE'S THE ONE THAT I SPEAK TO FACE TO FACE AND I ONLY SPOKE WITH CHERYL OVER THE PHONE AND IT WAS KIND OF A, IN THE HEAT OF THE MOMENT WE, YOU KNOW, BACK AND FORTH. SO I DIDN'T HEAR ANYTHING ABOUT THE BUILDING ITSELF. BUT, UH, ONE MORE THING IS, UH, BEFORE THEY GOT THEIR OWN SURVEY FROM CBG, THEY HAVE REMOVED MY FENCE BEFORE WHAT WE KNEW WHAT WAS LEGAL, WHAT WAS NOT. UM, AM I ENCROACHING? AM I NOT ENCROACHING? THEY HAVE REMOVED MY FENCE AND I HAVE PICTURE EVIDENCE OF IT. I DON'T KNOW WHO DID IT. I MEAN I, YOU KNOW, I DUNNO WHO DID IT, BUT I SAID, I TOLD 'EM IF I'M IN THE WRONG, I'LL GLADLY REMOVE MY FENCE, WHICH I DID THE NEXT DAY WHEN THEY GOT THE CBG UH, SURVEY, I MOVED MY FENCE TO ADHERE TO THE NEW SURVEY FROM CBG MR. CAMPBELL, UH, AT THE NARROWEST PART OF THE LITTLE ANGLE IT, IT MAKES THERE, UH, WHERE IT'S THREE FEET WHERE THE BUILDING IS THREE FEET FROM THE FIVE FOOT. SO WHERE, WHERE IT SHOULD BE FIVE, BUT IT'S THREE FEET OUT. DO YOU KNOW HOW FAR IT IS THE DISTANCE IS BETWEEN THE, THE NARROWEST AREA AND OF YOUR NEW BUILD VERSUS WHERE THE NEIGHBORS IS THE COMPLAINING NEIGHBOR? LIKE HOW, HOW FAR THE DISTANCES BETWEEN THE TWO HOUSES ARE? I MEAN, WHAT I'M ASKING IS ARE THEY BUILT OUT ON THE EXACT FIVE FOOT SETBACK OR IS IT LIKE A, OR OR IS THERE MORE THAN 10 FEET BETWEEN THE TWO HOUSES? I MEAN, THERE'S NO HOUSE RIGHT NOW. IT'S AN EMPTY LOT. BUT IF THEY WERE TO BUILD A HOUSE, UH, THE, I MEAN THE, RIGHT NOW THERE'S AN EMPTY LOT. THERE'S NO HOME RIGHT NOW. IS THAT YOUR QUESTION OR, OH, OH WAIT, SO THE, JUST TO CLARIFY THAT THE, THERE'S NO HOME DIRECT, THE PROPERTY OWNER OF THE ONE DIRECTLY 15, 14? NO, THERE'S NO TWO. THERE'S NO HOME. THERE'S NO HOME THERE. IT'S AN EMPTY LOT. BUT MR. KEITH, HE GOES THERE EVERY TIME AND I SEE HIM, HE LIKES TO TAKE CARE OF THE LOT. OKAY. SO THERE IS NO HOME BUILT ON THAT LOT, IS THAT CORRECT? NO SIR. OKAY. THANK YOU. MS. LAMB, WERE WE ABLE TO DETERMINE, UM, HOW THIS CAME FOR SIR OR ARE YOU AWARE OF HOW THIS FOUND ITS WAY HERE TO OUR BOARD? YES, I, UH, PROTECTED BURN SURVEY AND BURN SURVEY, UH, TOOK RESPONSIBILITY FOR THE, UH, MISTAKE I GUESS OR THE DISCREPANCY IN THE SURVEY. THEN THEY APPLIED FOR THE VARIANCE BECAUSE YOU KNOW, I WANNA BE MAKE SURE THAT WE ARE ON THE RIGHT SIDE OF THE LAW. SO Y'ALL, Y'ALL ESSENTIALLY SELF-REPORTED THAT THERE, THAT YOU WERE, UH, YOU HAD BUILT AND CONSTRUCTED IN A SETBACK? YES. YES MA'AM. OKAY. 'CAUSE I WANT TO MAKE SURE EVERYTHING'S THAT GOES A LONG, THAT GOES A LONG WAY. THANK YOU. YES, WE TOOK IT, I WENT TO UM, 'CAUSE I'M IN OUR PLANNING DEPARTMENT SO I'M REALLY FAMILIAR WITH THE SUBDIVISION AT THREE 20 EAST JEFFERSON. SO I WENT TO THAT BUILDING AND I KIND OF JUST TALKED TO AS MANY PEOPLE AS I COULD AND I WAS LIKE, HEY, WHAT CAN I DO ABOUT THIS? LIKE, YOU KNOW, WE MESSED UP, WE NEED TO FIGURE OUT WHAT WE CAN DO. AND UM, THAT'S WHEN THEY SENT ME HERE. CAN I SAY ONE MORE TIME? YES SIR. ACTUALLY WE GOT ONE MORE QUESTION FROM MR. UM, AS MANY QUESTIONS AS YOU WANT FROM MR. CAMPBELL. LAST ONE? NO, THIS IS ACTUALLY JUST A COMMENT, UH, BOTH TO THE HOMEOWNER AND TO OUR, THE APPLICANTS HERE. I THINK [00:50:01] WE'RE ABOUT TO HEAR FROM THE ONLY LETTER AND OPPOSITION. SO I WOULD LIKE YOU HAVE A HANG UP, HANG AROUND ESPECIALLY YOU SIR, THE OWNER. I DON'T WANT YOU TO BE DIPPING OFF 'CAUSE I MIGHT HAVE SOME QUESTIONS FOR YOU AFTER, AFTER THE LAST SPEAKER. YEAH. CAN I SAY ONE COMMENT IF THAT, UH, WELL ACTUALLY LET'S DO THIS. 'CAUSE I, I AGREE WITH MR. CAMPBELL. HERE'S HOW IT WORKS. UM, WE'RE GONNA NOW HEAR FROM MS. SULLIVAN WHO'S HERE IN OPPOSITION AND THEN THE APPLICANTS HAVE THE FINAL WORDS. SO WE'LL CALL Y'ALL BACK UP AND YOU CAN MAKE ANY FINAL COMMENTS YOU WANT AND RESPOND IN ANY WAY YOU'D LIKE TO MS. SULLIVAN'S POINTS. SO WITH THAT WE'RE GONNA MOVE ON TO HE, WELL ACTUALLY LET ME ASK THIS FIRST. ARE THERE ANY OTHER, UH, SPEAKERS WHO'D LIKE TO SPEAK IN FAVOR OF THE APPLICATION BEFORE WE MOVE ON TO THE FOLKS IN OPPOSITION? NO, THE SPEAKER'S REGISTER SIR. ALRIGHT, THEN WE'RE GONNA MOVE ON TO THE SPEAKERS IN OPPOSITION TO THE APPLICATION. AND IF WE COULD, I'D LIKE TO START WITH MS. SULLIVAN WHO SENT THE, UM, EMAIL THAT'S IN THE RECORD. MS. SULLIVAN, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? WE CANNOT HEAR YOU. CAN YOU PROVIDE AUDIO PLEASE? WE CANNOT HEAR YOU. NO, I'M SORRY. OH, HELLO? WE CAN HEAR YOU NOW. OKAY. I'M SORRY ABOUT THAT. CAN YOU PROVIDE VIDEO THOUGH? OH, OKAY. THE VIDEO SHOULD BE ON, LET ME SEE. ALLOW, OKAY, CAN YOU HEAR ME NOW? CAN YOU SEE? WE HEAR YOU. WE HEAR. OKAY. SORRY ABOUT THAT. UH, MY NAME IS SHERELLE SULLIVAN. MY ADDRESS IS 4 0 3 VAULTED OAK STREET. UH, I'M SORRY, CAN YOU SAY THE ADDRESS AGAIN? 4 0 3 VAULTED, V-A-U-L-T-E-D OAK STREET. AND IT'S GONNA BE ROCHE, TEXAS 7 7 5 8 3. OKAY. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES MA'AM. YES. OKAY. YOU CAN PROCEED. OKAY. WELL, UM, WHENEVER MY UNCLE, UM, UM, HE, HE'S ALWAYS OVER THERE. HE, HE WATCHES THE PROPERTY OR WHATEVER BECAUSE WE'RE GETTING A, WE'RE GETTING A HOUSE BUILT EVENTUALLY. SO, UH, WHENEVER HE SAW THE STATES OUT, HE DID INFORM THE OWNER THAT HE, THEY'RE NOT PLACED RIGHT. WELL, THEY KNOCKED DOWN THE TREES AND EVERYTHING THAT WERE ON OUR PROPERTY LINE WHENEVER THE CONSTRUCTION STARTED. AND HE JUST TOLD HIM, HEY, I THINK YOU NEED TO WAIT BECAUSE, UM, THOSE STATES ARE NOT IN THE RIGHT PLACE. YOU KNOW, WE'VE BEEN LIVING HERE SINCE 1966. THIS IS INCORRECT. WELL, THE [00:55:01] OWNER, HE REFUSED, HE CONTINUED TO BUILD. UM, AND THEN I GUESS THAT'S WHEN THEY, THEY STARTED TO SPEAK ABOUT THE SURVEY. ONCE I WAS NOTIFIED, UH, THAT THE SURVEY WAS NEEDED, UM, I WENT WITH CBG AND THEY CAME OUT, THEY COMPLETED THEIR SURVEY. UM, THEY, THEY, THEY HAVE REACHED OUT AND I BELIEVE THE OWNER DID SPEAK WITH THEM. BUT WHEN THEY TRIED TO REACH OUT TO, UH, HIS SURVEY, THEY NEVER RESPONDED BACK, UM, TO, UM, UH, THEY NEVER RESPONDED BACK TO CBG. UH, CBG ALSO SAID THAT THERE WERE SOME STATES MO MOVED IN THE FRONT OF THE PROPERTY. UH, THAT'S WHY WHEN YOU SEE ON THE, UM, ON THE, UM, SURVEY IT SAYS IT, IT HAS LIKE A QUE LIKE IT'S A, UM, UH, IT WAS OFF BY 1.2 INCHES OR SOMETHING LIKE THAT. UH, BECAUSE THERE'S STILL A DISCREPANCY WITH THE DRIVEWAY THAT THEY'RE STILL COMING OVER. UH, AS FAR AS HIS FENCE, UM, WHENEVER, UH, MY UNCLE SHOWED HIM THE, UM, THE SURVEY, UM, HE SAID THAT HE WILL REMOVE IT. BUT AFTER A WEEK IT WAS, HE DID NOT REMOVE HIS FENCE. UM, HE DIDN'T REMOVE IT AFTER THE, AFTER HE RECEIVED THE SURVEY, HE DID NOT REMOVE IT MAYBE ONE OR TWO WEEKS. HE STILL DID NOT REMOVE THE OFFENSE. HE WAS ADAMANT THAT HE WAS RIGHT EVEN THOUGH HE HAD HIS THREE SURVEYS AND HE WAS TOLD, HEY, MAYBE YOU NEED TO HOLD OFF AND WAIT UNTIL EVERYTHING IS COMPLETE. EVEN AFTER THE SURVEY WAS COMPLETED FROM CBG AND THEY HAD DISCREPANCIES, HE STILL CONTINUED TO, HE STILL CONTINUED TO BUILD. ME AND HIM SPOKE OVER THE TELEPHONE AND HE SAID THAT, OKAY, WELL IF I'M WRONG THEN I'LL REMOVE THE FENCE IF I'M WRONG. BUT I'M RIGHT. I HAD THREE SURVEYS COMPLETED AND AS I EXPLAINED TO HIM THAT, UM, UM, THAT IT SHOULD BE FIVE FEET IN BETWEEN THE HOMES. AND I EXPLAINED THAT TO HIM AND HE, HE JUST KEPT GOING BACK AND FORTH WITH ME ABOUT HE WAS RIGHT ABOUT HIS SURVEY AND, AND THAT THAT WAS IT. UM, AS FAR AS YOU KNOW, I'M NOT, UM, SURE WHATEVER HIM AND KEY TALKED ABOUT, BUT I KNOW FOR A FACT, UH, SEVERAL TIMES WHEN HE'S BEEN ON THE PHONE WITH ME. 'CAUSE MY UNCLE CALLED ME AND SAID, TELL ME, LET ME LISTEN TO WHAT HE'S SAYING. AND HE, YOU KNOW, HE DIDN'T LISTEN ABOUT THE, THE WHOLE, WHEN THE STAKE CAME OUT IN THE BEGINNING BEFORE THE FRAME WAS UP IN THE HOME, THEY WERE, HE WAS TOLD TO STOP UNTIL, YOU KNOW, WE CAN GET THIS CON, YOU KNOW, FIGURED OUT. UM, NOT ONLY THAT, IT WAS ONE OTHER THING. HOLD ON. UH, THE STAKE WERE REMOVED, THE STAKES WERE REMOVED FROM THE FRONT, SO THERE'S STILL AN ISSUE. THEY'RE STILL SOME, THEY'RE STILL ON OUR PROPERTY LINE AND, UM, THEY STILL HAVEN'T HAD CONTACT WITH CBG YET. UM, UH, AND I THINK, I THINK THAT, THAT, THAT'S PROBABLY ABOUT IT. BUT, UM, YEAH, I AM AGAINST IT BECAUSE OF IT. IT'S A SAFETY CONCERN. IF, IF IT SAYS FIVE FEET BETWEEN THE HOMES, THEN THAT'S WHAT IT SHOULD BE. IF A FIRE HA HAPPENS OR SOMETHING LIKE THAT, THEN WE, WE, WE'LL BE AT RISK FOR WHATEVER, YOU KNOW, OUR PROPERTY. UM, AND IF HE WOULD'VE LISTENED IN THE BEGINNING AND TRIED TO WORK WITH US, THEN THIS WOULDN'T HAVE HAPPENED. IF HE WOULD'VE JUST WAITED AND WAITED TILL THE, THE SURVEYS CAME THROUGH, THEN THIS WOULDN'T HAVE HAPPENED. BUT HE DIDN'T LISTEN AND, UM, I, THAT, THAT'S PRETTY MUCH ALL THAT I HAVE TO SAY. ALRIGHT, THANK YOU MS. SULLIVAN. WE'RE GONNA, UM, GO DOWN THE ROW IN TERMS OF QUESTIONS FOR YOU. UH, WE'LL START WITH MR. CAMPBELL. DO YOU HAVE ANY QUESTIONS FOR MS. SULLIVAN? YES. UH, YOU REFERENCED THE FENCE AND THAT HE DIDN'T MOVE IT. DID SOMEONE ELSE MOVE IT THAT YOU KNOW OF? NO, I DON'T KNOW WHO REMOVED THE FENCE. I, UH, MY UNCLE TOLD ME THAT HE CONTACTED HIM AND SAID THAT, UH, HIS, THAT HE REMOVED THE FENCE AND MY UNCLE SAID, NO, I DIDN'T REMOVE THE FENCE. I MEAN, HE HAS CAMERAS OVER THERE, YOU KNOW, SO HE SHOULD REVIEW HIS CAMERAS AND THAT'S WHAT MY UNCLE TOLD ME, THAT HE HAS CAMERAS, HE SHOULD REVIEW HIS CAMERAS AND LOOK AT 'EM TO SEE, YOU KNOW, WHO REMOVED HIS FENCE. OKAY. AND I HEARD YOU MENTION EARLIER THAT HE REMOVED THE, HE REMOVED THE, THE, UM, THE STATE, THE, THE, UM, WHENEVER THEY FIRST BUILDING, THEY CUT DOWN ONE OF OUR TREES AND THEY REMOVED LIKE THE, UM, I GUESS IT'S LIKE WHEN YOU'RE STARTING TO BUILD A FENCE, HE REMOVED ALL OF OUR STUFF OFF OF OUR PROPERTY. MS. WILLIAMS, I THINK MAYBE THE MICROPHONE ON UP THERE MIGHT BE ON AND MAKING THE CLICKING NOISE. DO YOU MIND TURNING [01:00:01] THAT ONE OFF? AND A FOLLOW UP QUESTION. SORRY, WE'RE HAVING, UM, JUST ONE SECOND. WE'RE HAVING A BRIEF TECHNICAL PAUSE HERE. OKAY. UH, YEAH, IT COULD HAVE BEEN ONE OF THESE LINES. UM, SHOOT, NOW I FORGOT WHAT I WAS GONNA SAY. OH, NO. UH, YOU SPOKE, UH, YOU TESTIFIED A MINUTE AGO ABOUT HOW, UH, YOU DON'T CURRENTLY RESIDE THERE. DO YOU HAVE PLANS TO BUILD AND IF SO, CAN YOU DESCRIBE WHAT THOSE MIGHT BE? UH, YES. WE ARE GONNA BUILD, UH, THE THING IS WHY WE HADN'T BILLED, WE WERE SWITCHING EVERYTHING OVER TO ME. UM, AND WE JUST COMPLETED THAT. I BELIEVE I CAME DOWN A COUPLE OF MONTHS AGO. SO WE WERE WAITING TO, FOR EVERYTHING TO BE SWITCHED OVER. UH, 'CAUSE IT WAS, IT WAS BETWEEN MYSELF, MY GRANDMOTHER, AND MY UNCLE. SO WE, WE WERE IN THE PROCESS OF SWITCHING EVERYTHING OVER AND INTO MY NAME. AND THEN WE ARE, WE'RE START, WE'RE GONNA START BUILDING. OKAY. THANK YOU. UH, WE'LL DO MR. QUINT AND THEN MS. LAMB, AGAIN, THANK YOU FOR BEING HERE. UM, FIRST QUESTION, SINCE THIS ALL NOW, NOW THE HOUSE HAS COMPLETED, HAS THE OWNER COME BACK TO YOU IN ANY WAY AND SAID, WELL, WHAT, WHAT CAN WE DO TO MAKE THIS RIGHT, UM, TO KIND OF RECTIFY IT WITH YOU? AND HE HAD HE HAD THAT DISCUSSION AT ALL? FIRST? WELL, THE DISCUSSION HE'S HAD WITH MY UNCLE, UM, OTHER THAN HIM MOVING THE FENCE AND NO, HE HASN'T ASKED ME ANYTHING AND HE HASN'T ASKED MY UNCLE ANYTHING BECAUSE THE, THE DISCREPANCY IS NOW IS STILL AN ISSUE WITH THE DRIVEWAY. HE'S STILL OVER ON OUR DRIVEWAY THAT'S BEEN THERE SINCE WE, SINCE MY GRANDMOTHER BROUGHT THE PROPERTY IN 1966. SO NO, HE HASN'T COME TO ME OR MY UNCLE WITH A, UM, I GUESS A SOMETHING TO RECTIFY THE SITUATION. THANK YOU VERY MUCH MS. LAMB. A QUESTION FOR STAFF ON THIS. UM, IT DOES APPEAR AT LEAST ON PAGE 67, AND THAT'S A FORM SURVEY THAT THE DRIVEWAY DOES ENCROACH RIGHT ON THE PROPERTY LINE, MAYBE A LITTLE BIT OVER. UM, IF WE END UP GRANTING THIS VARIANCE, WHAT DOES THAT MEAN FOR THE DRIVEWAYS? I MEAN, THE DRIVEWAY CAN STAY, HOW DO WE RECTIFY THAT WITH IT BEING ON PROPERTY LINE AND MAYBE QUESTIONABLY OVER PROPERTY AND HOW DOES THAT AFFECT THIS MOTION AND THIS APPLICATION? BECAUSE IF WE'RE GRANTING A SIDE YARD SETBACK, DOES THAT RUN ALL THE WAY THROUGH THE DRIVEWAY? UH, TECHNICALLY BY THAT BEING A VACANT LOCK, THAT SHOULD NOT BE A DRIVER POST THERE PERIOD. TECHNICALLY BY BEING A VACANT LOT, THEY SHOULD NOT HAVE A DRIVER APPROACH THERE, PERIOD. SO IT'S SO, SO VACANT LOTS. WHEN LOTS BECOME VACANT, THE DRIVER APPROACHES ARE SUPPOSED TO BE REMOVED. SO THE LOT NEXT DOOR THAT THE, UM, OPPOSITION IS REFERRING TO WITH THAT DRIVEWAY, IT WAS BUILT WHEN THE ORIGINAL HOUSE WAS BUILT, WHEN IT BECAME VACANT AND THE HOUSE WAS REMOVED, TECHNICALLY THAT DRY APPROACH SHOULD HAVE BEEN REMOVED AS WELL. UM, WHAT ABOUT THE DRIVEWAY THAT WAS CONSTRUCTED ON SUBJECT PROPERTY? I DON'T, I DON'T THINK THAT'S IN QUESTION. THE QUESTION THAT THEY'RE REFERRING TO THE DRIVEWAY IS FOR THE NEXT DOOR NEIGHBOR, WHICH IS THE SUBJECT, THE OPPOSITION IS THE ONE THAT THERE, THE OPPOSITION HAS AN ISSUE WITH THE NEW CONSTRUCTION BECAUSE THEY'RE SAYING THAT THEIR EXISTING DRIVE APPROACH IS ON THE PROPERTY LINE. SO TODAY'S STANDARD, THEY WOULD NOT ALLOW YOU TO BUILD A DRIVEWAY LESS THAN FIVE FEET FROM THE PROPERTY LINE. HISTORICALLY, BEFORE WHATEVER THIS ORDINANCE WENT INTO PLACE, YOU COULD BUILD A DRIVER APPROACH ALL THE WAY TO THE PROPERTY LINE, BUT NOW THEY MAKE YOU MOVE IT OVER FIVE FEET. BUT THIS DRIVEWAY THAT'S ON SUBJECT PROPERTY IS FULLY ON IT'S ME PROPERTY. IT'S, THAT'S NOT AN ISSUE. OH, THANK YOU MR. CAMPBELL. FOLLOW UP WITH THAT. UH, SHOULD THE OWNER OF THE ADJOINING LOT, THE NEIGHBORING LOT WANT TO REBUILD AS, AS WAS JUST TESTIFIED TO, THEY WOULD HAVE TO COMPLY WITH CURRENT CITY CODE, NOT THE CITY CODE AS OF 1960? YEAH, AND, AND THAT'S BEEN A ONGOING, [01:05:02] UM, AND, AND PERMITTING DOES NOT DEAL WITH, UH, DRIVER APPROACHES PERMITS. SO THAT'S A SEPARATE DEPARTMENT. UH, THEY DON'T GO OUT AND PROACTIVELY MAKE PEOPLE REMOVE DRIVER APPROACHES. UM, UM, SO WITH THAT BEING SAID, IF THEY WAS TO TRY AND BUILD TODAY AND THEY SAID THEY WANT TO USE THE EXISTING DRIVER APPROACH, I CAN'T SAY A HUNDRED PERCENT YES OR NO. IF THEY WOULD SAY, GO AHEAD AND USE IT, OR THEY WOULD MAKE THEM TEAR IT OUT AND MOVE IT OVER TO FIVE FEET, HOW IT SHOULD BE MS. MS. LAMB. SO IS THIS DRIVEWAY COMPLIANT? IS THIS FIVE FEET SET BACK FROM WHICH, WHICH DRIVEWAY? THE DRIVEWAY OF, OF THE, UH, APPLICANT? CAN I SAY REAL QUICK? I'M PRETTY SURE IT'S, OR IS THAT PART OF THE VARIANCE HERE? NO. YES, THEIRS IS COMPLIANT. WELL, YOU SHOWING ONE, BUT IF IT YES, IT'S MORE THAN FIVE FEET. ALL RIGHT. ANY ADDITIONAL QUESTIONS? I HAD ONE QUESTION. UM, YOU SAID YOUR UNCLE HAD OWNED THE PROPERTY SINCE THE SIXTIES. I JUST WONDER FOR HOW LONG HAS THE PROPERTY BEEN VACANT? WELL, MY GRANDMOTHER HAVE OWNED IT. UM, IT'S, IT'S BEEN, IT'S BEEN VACANT FOR A WHILE. IT'S BEEN VACANT FOR, WHAT, 10 PLUS YEARS. BUT IT STILL DOESN'T GIVE HIM A RIGHT TO, UH, BUILD SOMETHING, UM, TO, TO NOT, UH, ABIDE BY THE CITY GUIDELINES. WHENEVER I'M READY TO BUILD, I'M GOING TO BUILD, LIKE I SAID BEFORE, I AM, EVERYTHING WAS GETTING SWITCHED OVER INTO MY NAME, SO I'M IN CONTROL NOW AND I CAN MAKE THE DECISIONS OF WHAT TO, YOU KNOW, WHAT I NEED TO DO. UM, BEFORE MY GRANDMOTHER WAS ON IT, SHE'S, UH, 80, 88 YEARS OLD. UH, SO SHE, SHE CAN'T, SHE CAN'T DO THAT. UH, BUT I CAN. ALL RIGHT. THANK YOU VERY MUCH, MA'AM. THANK YOU. UM, THANK YOU FOR YOUR TIME. WE'RE GONNA DO LAST ONE PERSON. OH YEAH, THAT'S A GOOD POINT. UH, ARE THERE ANY OTHER SPEAKERS IN OPPOSITION BEFORE WE GO TO REBUTTAL? NO, THE SPEAKERS RIGHT. REGISTER SIR. ALRIGHT. THEN UNDER OUR RULES, THE APPLICANT GETS ONE FINAL CHANCE TO MAKE ANY COMMENTS THEY'D LIKE TO MAKE, TO RESPOND. AND THAT WOULD EITHER BE THE FOLKS FROM BURNS OR THE HOMEOWNER. I DON'T KNOW. I THINK IT'D BE MOST HELPFUL IF WE HEAR FROM THE HOMEOWNER AND, UH, LET US KNOW YOUR FINAL REPLY. YES, SIR. UH, FIRST OF ALL, I'M SORRY, CHERYL, FOR ALL THE STRESS THAT THIS CAUSED, AND, UH, THE REASON WHY I DIDN'T MOVE THE FENCE RIGHT IMMEDIATELY IS BECAUSE I NEED TO HIRE A FENCE GUY AND USUALLY BUSY. AND IT DOES TAKE, UH, A COUPLE OF, MAYBE A WEEK OR TWO. BUT I DID MOVE THE WHOLE FENCE FROM THE BEGINNING TO THE END TO MATCH THE NEW CBG SURVEY. AND I DID PROMISE THEM THAT I WILL DO IT IF I'M WRONG. AND I, I, I BELIEVE I DID THE RIGHT THING. AND AFTER WE, EVERYTHING WAS FINE, ME AND KEITH, WE TALK EVERY DAY. I SAID, I SAID, HEY LOOK, I TOLD YOU I'M GONNA MOVE IT. I'M GONNA DO THE RIGHT THING. UH, 'CAUSE I KNOW THE C THE BURN SURVEY WASN'T THE WRONG. AND UH, AND I DID, I, LIKE, I THINK I DID TRY TO REMEDY THE, MY RELATIONSHIP WITH HIM AT LEAST, UH, I CANNOT MOVE THE HOUSE. I MEAN, THAT WOULD BE A LITTLE BIT TRICKY, BUT ME AND HIM WERE ON GOOD TERMS. I WAS JUST SPEAKING WITH HIM RIGHT NOW. UH, I MEAN BEFORE THE MEETING. UM, THE OTHER THING IS, UM, YES, THE REASON WHY I DIDN'T STOP THE CONSTRUCTION FROM THE BEGINNING, WHENEVER THEY SAID, UH, HEY, THERE MIGHT BE A DISCREPANCY. BECAUSE IN MY MIND I HAD THREE SURVEYS, AND THEY'RE NOT SURVEYS. THEY ARE SURVEY FROM A LEGITIMATE COMPANY THAT I TRUST, YOU KNOW? AND, UH, I, I'VE WORKED WITH 'EM BEFORE. THEY DO A VERY GOOD JOB. SO I JUST, YOU KNOW, I, I HAD, FROM MY, MY EXPERIENCE, MY OPINION, I HAD SOME EVIDENCE THAT I'M IN THE RIGHT, AND MS. CHERYL AND MR. KEITH DIDN'T HAVE ANY SURVEY AND I'M, I HAVE A CONSTRUCTION LOAN AND I HAVE TO PAY MONTHLY PAYMENT. SO FOR ME TO STOP, I WOULD HAVE TO PAY MONTHLY INTEREST ON THE LOAN. SO I COULDN'T PAUSE IT THAT MUCH, TO BE HONEST WITH YOU, BECAUSE I WOULD BE PAYING MONEY THAT, UH, YOU KNOW, UM, I'D BE PAYING, BE PAYING INTEREST ON THE LOAN THAT, AND THE HOUSE IS NOT MOVING FORWARD. 'CAUSE EVERY MONTH THAT PASSES, I PAY MORE MONEY ON THE CONSTRUCTION. UM, I LIKE TO LEAVE THAT, I DO FOLLOW EVERY GUIDELINES AND UH, I FOLLOWED THE BURN SURVEY FROM THE BEGINNING [01:10:01] AND IT IS UNFORTUNATE THAT THE DISCREPANCY HAPPENED BETWEEN CBG, BUT I PROMISE YOU, MS. CHERYL, IF YOU WERE THERE WITH ME ON THE PROPERTY, WE WOULDN'T BE ARGUING RIGHT NOW. AND I DID GO AROUND THE NEIGHBORS GIVING THEM THE LETTER, SAY, EXPLAIN THE SITUATION. LIKE ALL THE PEOPLE WHO AGREED THAT ARE NOT IN OPPOSITION, I DID TALK WITH 'EM PERSONALLY, EXPLAINED THE SITUATION. THE REASON WHY I DIDN'T SPEAK WITH THE T 14 MARFA, BECAUSE I WAS UNDER THE IMPRESSION THAT KEITH WAS, ME AND KEITH WERE GOOD, BUT I, HE'S NOT THE OWNER. SO THE OWNER IS MS. CHERYL. UH, THAT'S WHY I DIDN'T MAKE HIM SIGN THE LETTER, UH, OF SUPPORT. 'CAUSE I THOUGHT I'VE DONE ANYTHING, EVERYTHING. LIKE I, I MOVED THE FENCE ACCORDING TO WHAT THEY WANTED. AND I THINK THAT DISCREPANCY ALSO IS THE, UH, THAT DRIVEWAY THAT THEY THINK THAT I AM AN ENCROACHING ON THEIR DRIVEWAY. BUT I, I REALLY DON'T THINK I'M NOT, BECAUSE BOTH BURN SURVEY AND CBG SURVEY SAYS THAT IN THE FRONT OF THE PROPERTY WE ARE. RIGHT. SO I THINK THIS IS WHERE THE MAIN ISSUE CAME FROM, THAT, THAT DRIVEWAY IN THE, IN THE FRONT OF THE PROPERTY AND MR. UH, I FORGOT HIS NAME. HE SAID THAT BACK IN THE DAY, THE PUT THE, THE DRIVEWAY RIGHT ON THE PROPERTY LINE. AND, UH, I WASN'T AWARE OF THAT. UM, YEAH. ALRIGHT. THANK YOU, SIR. ANY, UH, FINAL QUESTIONS FROM THE PANEL BEFORE WE, UM, ENTERTAIN A MOTION? UM, YOU, I'M, I MIGHT MAKE A SUGGESTION. YES, BUT IT'S ENTIRELY UP TO YOU. IT, IT, IT MIGHT HAVE BEEN WISE TO WORK SOMETHING OUT BETWEEN YOU TWO AND HAVE CONVERSATIONS. I'M OPEN TO THAT. IF THERE'S A WAY THIS COULD BE WORKED OUT PRIOR TO THIS COMING AND GIVING US A, YOU KNOW, A WANTING A VOTE FROM THIS PANEL. YOU KNOW, I, I'M, YOU MIGHT HAVE A CONVERSATION AND SEE IF THERE'S A WAY THAT YOU TWO COULD WORK THE SITUATION OUT. I'M OPEN. IS THERE ANY INTEREST IN YOU, THE THREE OF YOU, THE APPLICANT, THE OWNER AND THE NEXT DOOR NEIGHBOR THAT IS AFFECTED BY THIS, UH, MATTER MORE SO THAN THE OTHER NEIGHBORS AROUND WHO ARE IN SUPPORT? 'CAUSE I, FRANKLY, THEY'RE NOT AFFECTED BY IT. YES. SO YEAH, I, I WANTED TO JUST ASK THAT QUESTION BECAUSE IF, IF YOU JUST WANNA MOVE FORWARD WITH A VOTE TODAY, THAT'S FINE, BUT, UM, I'M JUST WANTED TO THROW THAT OUT AS A, AS A, AN OPTION FOR YOU. I, I MEAN, IF MS. MICHELLE'S WILLING TO TALK WITH ME, I CAN TALK WITH HER. I ONLY HAVE HER UNCLE'S NUMBER, SO THAT'S WHY I COULDN'T REACH OUT TO HER. SO WHATEVER WE CAN TALK, I'M, I CAN GIVE YOU MY NUMBER AND WE CAN TALK. SURE. MR. CAMPBELL, UH, AND I APOLOGIZE IF YOU'VE ALREADY ANSWERED THIS QUESTION. UM, BUT WHEN WAS CONSTRUCTION COMPLETED? NOT THE EXACT DATE, BUT ROUGHLY AT THE BEGINNING OR ENDING OF WHICH MONTH? SO LIKE THE, EVERYTHING, EVERYTHING, EVERYTHING, EVERYTHING. YEAH, I WOULD SAY, LET ME THINK. CAN I GIVE YOU AN ESTIMATE OF DATES? 'CAUSE I DON'T HAVE THAT. YEAH, YEAH. JUST A, JUST A ROUGH, ROUGH GUESS IS FINE. I WOULD SAY THE END OF MAY BECAUSE LIKE THERE'S SOME GREEN, UH, BLUE TAPE PAINT. SO LIKE THE SMALL STUFF, THE DETAILS THAT TAKE A LITTLE BIT LONGER, BUT THE HOUSE WAS, THE SHELL WAS COMPLETELY DONE INSIDE AND OUTSIDE WAY BEFORE CBG WAS. GIVE THEM THE GIVE, GIVE US THEIR SURVEY. OKAY. AND FOR THE PURPOSES OF, OF THE MONETARY FIGURES THAT YOU PROVIDED US YEAH. YOU DON'T HAVE A, A CURRENT APPRAISAL FROM THE TAX FROM THE DALLAS COUNTY APPRAISAL DISTRICT, WHICH INCLUDES THE NEW BUILD, CORRECT. OR IS DO YOU, OR DO YOU NOT HAVE A, A CURRENT APPRAISAL FROM THE APPRAISAL DISTRICT THAT INCLUDES THE VALUE OF THE NEW BUILD? TO BE HONEST WITH YOU, I DON'T KNOW THAT FROM, UH, FROM DCA. I DON'T THINK, I DON'T THINK IT'LL BE THAT FAST TO GIVE US AN APPRAISAL. OKAY. AND SO THE NUMBERS THAT YOU SUPPLIED US WERE BASED OFF WHAT YOUR COSTS TO BUILD WERE, WHICH WAS THAT THREE 15, IS THAT CORRECT? YEAH, BASED ON THE LOAN THAT I GOT FROM THE BANK. EXCELLENT. THANK YOU MR. QUINT. AND, UM, MS. CHERYL, WOULD YOU, WOULD YOU BE OPEN TO HAVING CONVERSATIONS WITH THE OWNER OR AND THE APPLICANT ABOUT TRYING TO WORK SOMETHING OUT? IS THERE, IS THERE AN, IS THERE AN O DO YOU SEE AN OPPORTUNITY [01:15:01] TO WORK THIS MATTER OUT? ARE YOU ASKING ME? YES. YES, MA'AM. OH, OKAY. YEAH, I, I MEAN, I DON'T KNOW WHAT COULD BE WORKED OUT. I MEAN, , I REALLY DON'T KNOW WHAT COULD BE WORKED OUT BECAUSE IN THE BEGINNING HE WAS TOLD NOT TO DO AND HE DIDN'T, HE, LIKE, HE SAID HE COULDN'T WAIT BECAUSE HE PAID INTEREST OR WHATEVER. SO I DON'T KNOW WHAT POSSIBLY COULD BE WORKED OUT OTHER WHAT, BECAUSE IF I, WHATEVER I, I START BUILDING, THEN IT'S TAKEN AWAY FROM ME. SO I DON'T KNOW WHAT ELSE COULD BE WORKED OUT. CAN I SAY SOMETHING? YEAH, YOU CAN. OKAY. I'M AN ARCHITECT. , HOLD ON. OKAY. SORRY. WE'RE WE'RE PAST PUBLIC TESTIMONY. OH, WE'RE ONLY DOING QUESTIONS HERE. OKAY. YEAH, I'M SORRY. NO, I KNOW WHAT TO BE WORKED OUT SO, UM, I DON'T, I DON'T KNOW WHAT WHAT OTHER OPTIONS THEY THERE COULD BE. ALRIGHT, THANK YOU MA'AM. ARE THERE ANY FINAL QUESTIONS? THE LAST WORD IS FROM MR. CAMPBELL AND THEN WE'RE GONNA MOVE ON TO A QUESTION FOR STAFF ACTUALLY, UH, TO HELP US INTERPRET WHAT WAS JUST ARTICULATED BY THE PARTIES. UM, IF THE NEIGHBOR WAS ABLE TO BUILD, LET'S JUST SAY SHE BROKE GROUND TOMORROW, NOTHING IN, IN THE EXISTING SUBJECT PROPERTY WOULD PREVENT HER FROM BUILDING ON THE FIVE FOOT SETBACK, CORRECT? CORRECT. SO RE REGARDLESS OF THE OUTCOME OF TODAY'S ADJUDICATION, THE NEIGHBOR WILL HAVE THE RIGHT TO BUILD CONSISTENT WITH THE PROPERTY OR WITH THE CITY ORDINANCES ON THE FIVE FOOT SETBACK? THAT'S CORRECT. GRANTED THAT HER SURVEY IS CORRECT AS WITH, YOU KNOW, IF THE SURVEYS ARE IN FACT CORRECT. OKAY, THANK YOU. I THINK THE POINT THAT THE OPPOSITION'S TRYING TO MAKE IS BECAUSE WE DIDN'T BUILD WITHIN THE FIVE FEET AT BACK, THAT MEANS THAT SHE'S NOT TRULY GONNA HAVE 10 FEET BETWEEN HER PROPERTY AND HIS PROPERTY. IT'S NOW GONNA BE MM-HMM . I THINK THAT'S WHAT SHE, THAT'S WHAT SHE MEANING WITH, WITH HOW IT, IT, SHE COULD STILL BUILD ON HER PROPERTY. JUST TWO SETBACK BETWEEN, I JUST WANTED TO MAKE SURE THERE WASN'T SOMETHING IN FIRE CODE THAT REQUIRED A CERTAIN AMOUNT OF DISTANCE. YEAH. OKAY. I HAD THE SAME QUESTION MR. CAMPBELL DID, WHICH IS I WANNA JUST MAKE SURE THAT WE'RE NOT SOMEHOW PREVENTING MS. SULLIVAN FROM BUILDING HOW SHE WANTS TO BUILD. YES, THERE IS A FIRE CODE, UH, WHEN YOU'RE LESS THAN A CERTAIN DISTANCE FROM A PROPERTY LINE. AND SO THE APPLICANT IF APPROVED, WOULD HAVE TO FIRE RATE HIS SIDE. YES, BUT IT'S A, IT'S A, IT HAS NOTHING TO DO WITH ZONING. IT HAS EVERYTHING TO DO WITH BUILDING CODE AND THAT'S SOMETHING THAT HE WOULD HAVE TO ADHERE TO, NOT THE, NOT THE NEXT DOOR NEIGHBOR. ALL RIGHT. THEN WITH THAT, UH, THE CHAIR WILL ENTERTAIN A MOTION ON MS. ROSS'S APPLICATION FOR A TWO FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS. UM, IS THERE A MOTION MR. CAMPBELL? I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA DASH 2 6 0 0 3 3 APPLICATION OF APRIL ROSS GRANT TWO FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATION REQUESTED BY THIS APPLICANT. BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AND SUCH THAT A LITERAL ENFORCEMENT OF THE, OF THE PROVISIONS OF THE DALLAS CITY DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP TO THE APPLICANT. UH, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THIS PURPOSE AND INTENT, UH, TO THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH, DO I READ ALL THAT COMPLIANCE WITH MOST OF THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED. THERE A SECOND TO MR. CAMPBELL'S MOTION. I WILL SECOND THAT. ALRIGHT, ANY DISCUSSION? AND WE'LL START WITH MR UH, CAMPBELL. SO I'M GONNA RUN THROUGH HOW I GOT WHERE I AM ON THIS AND IT REALLY BECOMES, IT LOOKS LIKE THIS WAS JUST AN HONEST MISTAKE AND I GLEANED THAT FROM THE REASON OR BECAUSE MRS. ROSS'S, MS. ROSS'S HONESTY WHEN SHE APPROACHED THE MICROPHONE, UH, AND EXPLAINED WHY SHE WAS THE APPLICANT. SO I DO APPRECIATE THAT CANDOR. UH, I'M LOOKING AT THE ELEMENTS HERE THAT ARE REQUIRED, RIGHT, NOT CONTRARY TO PUBLIC INTEREST, AND I CAN GO ON TO READ ALL THAT, THAT WOULD RESULT IN UNNECESSARY HARDSHIP. I DON'T BELIEVE WE'RE THERE. UH, I'M GONNA [01:20:01] SKIP TO C WHICH IS NOT SELF-CREATED. I DON'T THINK THIS WAS SELF-CREATED FOR FINANCIAL REASONS. I DO THINK THIS WAS A, A, UH, JUST A GENUINE MISTAKE BY THE APPLICANT, NOT BY THE OWNER, BUT BY THE APPLICANT. UH, AND THE OWNER IS GONNA BE THE ONE FOOTING THE BILL HILL EITHER TO RECONSTRUCT AS, AS WHAT WAS TESTIFIED TO BOTH BY THE APPLICANT AND THE OWNER. UH, NOW B IS IS SOMETHING THAT I THINK WE DON'T HAVE ANY FACTS THAT TO MERIT THE EXCEPTION THAT REST ON B, BUT THAT'S WHEN WE GO DOWN TO THE NEXT SECTION BELOW, WHICH IS OUR EXCEPTIONS TO THIS RULE, TO THE STANDARD OF REVIEW. AND THAT'S WHY I WAS ASKING EARLIER ABOUT THE FINANCIAL HARDSHIP PROVISIONS AND THE, THE ARITHMETIC PROVIDED BY THE OWNER OF THE PROPERTY. I DO THINK THAT THIS WOULD CREATE A SUBSTANTIAL FINANCIAL HARDSHIP BECAUSE FOR HIM TO TEAR DOWN THIS ENTIRE NEW BUILD AS TESTIFIED TO WOULD RESULT IN A GREATER THAN 50% COST, UH, COMPARED TO THE APPRAISAL VALUE. UH, THAT'S, AND AGAIN, THAT'S WHY I WAS ASKING ABOUT WHAT THE 'CAUSE THIS, THE CODE IS, IS VERY PRECISE. IT SAYS THE RECENT APPRAISAL VALUE RULE CERTIFIED BY THE ASSESSOR, AND IT CITES THE PROVISION AND THE TAX CODE, WHICH WOULD BE TCAD. UM, HE SUPPLIED IN HIS TESTIMONY A NUMBER OF $315,000. HALF OF THAT TESTIFIED TO, I THINK WOULD BE WAY MORE THAN THE, UH, THE COST WOULD BE. SO I, THAT'S WHERE I LAND ON THE EXCEPTION HERE. THAT'S WHERE I GOT, I DO THINK HE MEETS THE ELEMENTS, THE APPLICANT, SORRY, THEY MEET THE ELEMENTS FOR, UH, B I'M SORRY FOR A AND B OF THE CODE. B IS IS THE STICKY ONE THERE. BUT THEN WE LOOK DOWN AT THE EXCEPTION, I DO THINK THIS BASED OFF THE MONEY OR THE FINANCIALS PROVIDED MEETS THE EXCEPTION TO THE RULE. MS. LAMB, I AGREE WITH EVERYTHING. UH, MR. CAMPBELL SAID, I ALSO DO APPRECIATE WHEN IT, WHEN IT BECAME CLEAR THAT THERE WAS AN ERROR, UM, THAT THE APPLICANT AND THE PROPERTY DID WHAT THEY COULD TO DIRECT BY THE ISSUE, WE PROBABLY WOULD NOT HAVE FOUND THIS IN FRONT OF OUR BOARD HAD THEY NOT SELF REPORTED, UH, TO APPRECIATE THAT THEY DID TAKE IT UPON THEMSELVES FROM THE DEFENSE AS WELL. UM, THE PIECE THAT I WAS STRUGGLING WITH THAT I FINALLY GOT THERE WAS, IS THIS TRULY A SELF-CREATED HARDSHIP OR NOT? I DON'T BELIEVE IT WAS A SELF-CREATED HARDSHIP. I THINK THERE WAS SOME ERRORS ALONG THE WAY. I, I'M TRYING TO PUT MYSELF IN EVERYBODY'S SHOES HERE. I THINK GETTING THREE SURVEYS IS DOTTING ALL THE I'S AND POSSIBLE T'S. IT'S JUST UNFORTUNATE THAT THE SURVEYS THAT WERE PROVIDED WERE NOT ACCURATE. UM, AND SO I THINK THE BIGGEST PIECE WHEN I GOT PAST WHETHER THIS WAS SELF GRADED OR NOT, WAS ALSO THE COST TO BECOME COMPLIANT IS WELL MEETS THE STANDARD OF DEVELOP, DEVELOP DEVELOPMENT CODE SECTION 51 A DASH 3.10 2D 10 B. AND SO BECAUSE OF THAT, UM, I, I WILL MOVE TO GRANT THE TWO VARIANCE HERE. I ALSO DO HOPE THOUGH, IF, WHICHEVER WAY THIS GOES, THAT THERE WILL BE SOME FURTHER COMMUNICATION BETWEEN NEIGHBORS TO SEE HOW THINGS CAN BE LENDED A BIT FURTHER. I THINK MOVEMENT OFFENSE IS, IS GETTING THERE, BUT I, THERE'S STILL SOME STUFF THAT PROBABLY NEEDS TO BE WORKED OUT. MR. UH, QUINT, THIS IS A TOUGH ONE FOR ME. UM, COUPLE REASONS. ONE, THE APPLICANT IS A BUSINESS AND I SEE THIS AS A MORE OF A CYA POSITION THAN I DO. YOU KNOW, IT, AND THAT'S WHY EO INSURANCE EXISTS. UM, YOU KNOW, IT'S, IT'S, YOU KNOW, THAT, UH, IT'S JUST, YOU KNOW, INSURANCE EXISTS. I'M ALSO DISAPPOINTED IN THE OWNER NOT TRYING TO REACH BACK TO THE NE THE NEIGHBOR WHO THIS IS AFFECTED BY. UM, BECAUSE I, YOU KNOW, WISH THE PARTIES HAD MADE AN EFFORT TO TALK OR IF THEY DID, IT DIDN'T SEEM LIKE IT WAS VERY FRUITFUL. UM, SO, YOU KNOW, THIS, I, THIS IS A TOUGH ONE FOR ME AND UM, I JUST, I JUST, YOU KNOW, WISH I'D BEEN UP CHIEF, BOTH ALL THE PARTIES TO HAVE TALKED AND TRY TO WORK SOMETHING OUT AND I, ALL RIGHT, MY COMMENTS ARE, AND I GUESS THEY'RE MOSTLY DIRECTED TO MR. QUINT. AND SO THESE ARE MY THOUGHTS AND I DEFINITELY APPRECIATE YOURS. UM, WHAT I'M ENDING UP AT THE END OF THE DAY FOCUSED ON IS IT'S A TWO FOOT VARIANCE, UM, THAT THEY'RE REQUESTING. AND SO THE NET EFFECT OF US DENYING IT IS TEARING DOWN A SUBSTANTIAL PART OF THE PROPERTY FOR TWO FEET. UM, WHICH TO ME, BASED ON THE TESTIMONY, ENDS UP TRIGGERING THIS 51 A DASH 3.10 2D 10 B, WHICH IS THE IDEA [01:25:01] OF IF WE APPLIED THE TYPICAL STANDARD, WOULD IT RESULT IN AN UNNECESSARY HARDSHIP? AND THAT'S HONESTLY WHAT I'M HUNG UP ON THE END OF THE DAY, EVEN THOUGH I AGREE WITH EVERYTHING YOU SAID ABOUT HOW THIS CASE APPROACHED US AND HOW THE TESTIMONY SHOOK OUT. WHEN I END UP LOOKING AT THE STANDARD, I DO THINK TEARING DOWN A SUBSTANTIAL PART OF THE PROPERTY FOR A TWO FOOT VARIANCE OR OR TWO FOR OVER TWO FEET WOULD RESULT IN AN UNNECESSARY HARDSHIP. I'M ALSO VERY MINDFUL OF MS. SULLIVAN. I APPRECIATE HER BEING HERE. I DEFINITELY HEARD WHAT YOU SAID IN YOUR TESTIMONY THAT EVEN THOUGH THE LOT IS VACANT NOW THAT YOU'RE IN CONTROL NOW AND THAT YOU INTEND TO BUILD, AND I'M CERTAINLY AWARE OF THAT. I APPRECIATE MR. THOMPSON'S CLARIFICATION TO MAKE SURE THAT NOTHING WE DO TODAY WILL IMPEDE ON WHAT YOU'RE DOING AND WHAT YOU'RE BUILDING IS, AND THAT WHATEVER THE FIRE CODE RULES ARE, THOSE WILL HAVE TO BE APPLIED ON THE APPLICANT'S SIDE, NOT ON YOUR SIDE. BUT THE END OF THE DAY, I AGREE WITH MR. CAMPBELL'S MOTION BECAUSE I THINK THAT DOING THE OPPOSITE RESULT IN UNNECESSARY HARDSHIP. SO I GUESS I WOULD, I'M IN SUPPORTING THE MOTION. I'D ENCOURAGE EVERYBODY ELSE TO SUPPORT THE MOTION AS WELL. MS. LAMB, DO YOU HAVE ANY FINALS BEFORE WE VOTE? I DO. I TO, I THINK WE JUST HAVE TO REALLY LOOK AT THE STANDARD HERE AND NOT WHAT THE APPLICANT IS. WE CAN'T REALLY TAKE ANY SERIOUS, THIS IS AN A THAT'S A BUSINESS. THIS IS DIFFERENT THAN DOING A FEE WAIVER, UM, IN MY OPINION. UM, I THINK THAT'S JUST SOMETHING IMPORTANT TO NOTE. AND THE TESTIMONY WAS THAT, YOU KNOW, EVEN IF THEY CAME TOGETHER, THERE WOULDN'T BE ANYTHING THAT, THAT THE APPLICANT COULD DO TO SATISFY LIKE, AND SO, YOU KNOW, AT THAT POINT THOSE ARE THE TWO ITEMS, YOU KNOW, THAT ARE HOLDING WINDOWS US UP. YOU DON'T HAVE TO QUESTION, WE REALLY HAVE TO FOCUS ON THE STANDARD HERE. UM, WOULD WE APPLY THIS DIFFERENTLY IF HE WAS GONNA BE RESIDING IN THE WHOLE, YOU KNOW, I WOULD HOPE THAT WE WOULDN'T. UM, AND MY LAST QUESTION IS, IS SINCE WE DON'T HAVE A FIVE MEMBER PANEL TODAY, DO WE NEED ALL FOUR OR IT FAILS? YES, THAT IS CORRECT. IF WE DON'T GET ALL FOUR, DOES THAT FAIL WITHOUT PREJUDICE OR WITH PREJUDICE? THEN THE FLOOR IS OPEN UP FOR ANOTHER MOTION IN SOMEONE CAN MAKE A MOTION TO DENY WITH OR WITHOUT PREJUDICE OR TO HOLD IT OVER. BUT IF NO SUBSEQUENT MOTION IS MADE, THEN IT IS DENIED WITH PREJUDICE. AND THE ONLY HOPE IS IF WE HOLD IT OVER THAT WE WOULD HAVE A FULL FIVE PANEL MEMBER, PANEL MEMBER PANEL TO GET TO A NUMBER BECAUSE IT DOESN'T SEEM THAT WE HOLD THIS OVER THAT THE APPLICANT OR THE COMPLAINANT WOULD COME TO ANY SORT SORT OF AGREEMENT. THAT IS CORRECT. IF YOU HOLD IT OVER IT, IT WOULD BE TO GET A, A FIFTH NUMBER. ALL RIGHT, ANY FINAL COMMENTS? AND, UH, IN ADDITION TO LIKE THE ELEMENTS THAT I RAN THROUGH AND HOW I GOT TO THOSE LEGAL CONCLUSIONS, WHAT ELSE I WAS LOOKING FOR WAS THE GOOD FAITH ACTING OF THE PARTIES. 'CAUSE THAT TO ME MEANS A LOT, RIGHT? UH, BASED OFF THE TESTIMONY FROM THE APPLICANT, UH, FROM THE OWNER, IT DIDN'T APPEAR THAT THIS WAS HAPPENING IN BAD FAITH. I DON'T THINK THAT IT, IT DOESN'T LOOK LIKE YOU, YOU INTENTIONALLY MIS PLOTTED SOMETHING IN ORDER TO, YOU KNOW, CAPTURE AN EXTRA COUPLE FEET OF A HOUSE. UM, IT LOOKS LIKE A GENUINE MISTAKE. AND WHEN YOU CAUGHT IT TO MY COLLEAGUE'S POINT, YOU'RE SELF-REPORTED TO ME THAT GOES A LONG WAY. IT LOOKS LIKE YOU'RE DOING THE RIGHT THING. UM, IT DOESN'T LOOK LIKE AND FROM ALSO FROM PREVIOUS TO WHO'VE WORKED WITH THE OWNER BEFORE. AND SO WHAT I WOULD, THE REASON WHY I THINK THIS FALLS INTO THE EXCEPTION TO KIND OF BUTTRESS WHAT I WAS SAYING EARLIER IS THAT I DO THINK IT RESULTS IN, IN A UNNECESSARY HARDSHIP FOR Y'ALL TO HAVE TO TEAR DOWN AND REBUILD AT LEAST A SECTION OF A HOME AFTER IT APPEARS TO BE A GENUINE MISTAKE. AND SO THAT'S ULTIMATELY WHAT I GOT. NOW, HAD I HAD, BASED OFF THE TESTIMONY, A DIFFERENT FEELING BASED OFF THAT , IF THIS HAD LIKE, BEEN A, HAD A PATTERN AND PRACTICE THAT HAD HAPPENED SEVERAL TIMES OVER AND OVER AGAIN, THEN MAYBE I WOULD'VE LANDED DIFFERENTLY. BUT I DO THINK THAT, YOU KNOW, BASED OFF WHAT I, YOU KNOW, HAVE CONJURED OR UNDERSTOOD TO BE CREDIBLE TESTIMONY THAT THIS DOES FALL WITHIN THE EXCEPTION TO THE RULE. ALRIGHT THEN UM, THE MOTION ON THE FLOOR IS MR. CAMPBELL'S MOTION TO GRANT THE TWO FOOT VARIANCE TO THE SIDE YARD SETBACK. MS. WILLIAMS, WILL YOU PLEASE CALL THE ROLL MS. LAMB? AYE MR. CAMPBELL? MR. QUINN? [01:30:19] AYE MR. CHAIR? AYE. MOTION TO GRAHAM PASSES . ALRIGHT, THANK YOU EVERYONE FOR YOUR TIME TODAY. YOU'LL GET A DECISION IN THE MAIL LAST UP ON OUR DOCKET IS CASE NUMBER BO OA DASH 26 DASH 36, THE APPLICATION'S AT 1 4 2 0 CANADA DRIVE. ALRIGHT, AND THEN WELCOME SIR. ARE YOU THE APPLICANT? ALRIGHT, GREAT. MS. WILLIAMS IS GONNA SQUARE YOU IN AND TAKE YOUR NAME AND ADDRESS. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? MS. WILLIAM CHASE PARKER. 9 5 4 6 RIVERTON ROAD IN DALLAS, TEXAS 7 5 2 1 8. OKAY, WE, UH, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO. OKAY. PLEASE PROCEED. OKAY. UM, I WAS GONNA TOUCH ON SOMETHING MENTIONED. ANY, JUST PROCEED. YEAH, ACTUALLY, I JUST WANNA CONFIRM YOU'RE IN FAVOR, CORRECT? I'M IN FAVOR, YES. OKAY, GOOD, GOOD. I'M THE DESIGNER OF THE PROJECT. YEAH, PERFECT. GOT IT. PLEASE PROCEED. OKAY. JUST TO TOUCH ON SOMETHING MENTIONED THIS MORNING, UM, THE PROPERTY'S NOT IN THE FLOODPLAIN AND AS OUR NEIGHBORS TO THE NORTH DO AND ALL RESIDENTIAL PROPERTIES, WE WILL DEAL WITH ALL RUNOFF THAT THINGS LIKE THAT. SO THAT, AND, AND THAT'S BUILDING CODE. WE'VE GOTTA MAKE SURE OUR RUNOFF STAYS ON A PROPERTY OR REJECTS INTO THE STREET. UM, BUT LEMME GO ONTO THE POINTS. UM, AS OUR DIAGRAM EXPLAINS, OUR CURRENT SETBACKS LEAVE US A VERY NARROW BUILDABLE AREA AND SO THAT'S WHY WE'RE ASKING FOR A VARIANCE FOR THE REAR AND FRONT SETBACKS. UH, WHICH ITEMS, NUMBER ONE AND TWO, THE COMMITTEE HAS RECOMMENDED TO BE APPROVED. AND I WANT TO TOUCH PRIMARILY ON THE THIRD ITEM, WHICH IS THE GARAGE, UH, PARKING VARIANCE. YES. HERE WE GO. UM, AND WE'VE GOT A PRESENTATION HERE. UM, AND SO INITIALLY WE HAD THE, THE ENTIRE BUILDING WAS 15 FEET OFF THE FRONT PROPERTY LINE. WE HAD THE GARAGE AT THAT POINT, THE, UH, TRAFFIC ENGINEER SAW THAT AND SAID THESE CARS, IF THEY AREN'T PARKED IN THE GARAGE, ARE DEFINITELY AT 15 FEET GOING TO BE OVER THE SIDEWALK. SO HE SUGGESTED WE MOVE IT OUT FIVE FEET, BUT YOU COULD NOT PARK ANY CAR EXCEPT FOR IN THE STREET. SO THAT'S HOW WE CAME TO MOVE OUR GARAGES OUT TO 10 FEET. UM, SO GO TO THE NEXT SLIDE. UH, WE'VE MOVED IT OUT, UH, TO PROVIDE US WITH A GARAGE. UM, AND THIS ELIMINATES THE POSSIBLE PARKING OVER THE SIDEWALK BECAUSE LITERALLY THERE'S NO DRIVEWAY THERE EXCEPT FOR FIVE FEET FROM THE SIDEWALK FOR A CAR. SO WE MOVED IT THERE. LET'S GO FORWARD. ONE REASON WE'VE ASKED FOR A LITTLE BIT DEEPER GARAGE IS THAT BY THE TIME YOU TAKE OUR 45 FOOT SETBACK AND YOU BUILD YOUR WALLS, YOU BUILD YOUR HEAD, YOUR AUTOMATION, YOUR GARAGE THING, WE HAVE ABOUT 18 AND A HALF FEET INSIDE THE GARAGE SO WE CAN PARK IN THERE, BUT WE HAVE TO REALLY MUZZLE UP TO THE END. THERE'S, IT'S NOT LIKE A PARKING SPOT WHERE YOU'VE GOT SPACE BEHIND YOU. I'VE PUT A COUPLE CAR LENGTHS IN THERE. OBVIOUSLY A SUBURBAN OR A TRAVERSE OR A FORD F-150 WON'T FIT IN AN 18 FOOT PARKING SPOT. WE COULD DO, UM, A SMALLER, LIKE A PRIUS IF SOMETHING SMALL THOSE WOULD WORK. BUT THAT'S THE REASON WE ASKED A LITTLE BIT MORE GARAGE SPACE. UM, GO TO THE NEXT ONE IF WE NEED TO. UM, UH, IF WE NEED TO MOVE OUR GARAGE DOOR 20 FEET OFF THE PROPERTY, OFF THE PROPERTY LINE, WHICH IS IN THE BUILDING CODE AND IT'S FAIRLY STANDARD, UM, IN ANY CASE WE'RE GONNA DO AN AUTOMATED GARAGE DOOR. WE COULD SURVIVE IF WE HAD TO WITH A 20 FOOT SETBACK ON THE GARAGE FOR NOT TO, BUT WE COULD SURVIVE THAT. UM, IT WOULD JUST BE A BARE MINIMUM GARAGE AND THAT'S THE ONLY REASON WE REALLY ASKED FOR THE LITTLE BIT OF EXTRA SPACE BECAUSE IT TOOK A UNIQUE NARROW LITTLE LOCK. UM, AND I THINK THAT'S NEXT. YEAH, GO TO THE NEXT SLIDE. SO THAT'S WHY WE ARE ASKING FOR A VARIANCE THROUGH THE FRONT OF 10 FEET, UH, TWO 10 FEET OFF THE FRONT PROPERTY TO CREATE A GARAGE THAT'S USABLE FOR UH, ANYTHING OTHER THAN A COMPACT CAR. UM, AND THEN THE NEXT SLIDE IS MY CAVEAT. IF YOU CHOOSE TO KEEP US AT 20 FEET, UM, WE WOULD ASK THAT YOU APPROVE EVERYTHING WITH THAT CAVEAT THAT WE MOVE THE GARAGE THROUGH. WE ARE FLEXIBLE. WE'D LOVE TO MAKE SURE WE GET THIS PASSED THROUGH IF WE CAN DO CONSTRUCTION, BUT THAT'S WHERE WE STAND AND THAT'S KIND OF WHAT OUR THOUGHTS ARE. [01:35:01] UH, MS. LAMB, BASED ON STAFF'S RECOMMENDATION THERE, THEY RECOMMENDED DENIAL FOR THE OFF STREET PARKING. YOU'RE ASKING FOR, ITS 10 FOOT VARIANCE. YOU SAID YOU THINK GONNA WORK WITH WHAT IS THERE, IS THERE A WORLD WHERE MAYBE IT WOULD WORK FOR A FIVE FOOT VARIANCE SPECIFIC 10 FOOT ON THE OFF, OFF STREET PARKING? IS THERE SOME COMPROMISE THERE? YEAH, IF WE WENT THROUGH 15 FEET, YES WE COULD. UH, THAT, THAT WE HAD INITIALLY WAS 15 FEET OFF THE PROPERTY LINE. WE MOVED TO 10, WE MOVED IT REALLY, 'CAUSE THE TRAFFIC ENGINEER SUGGESTED THAT 15 FEET WAS KIND OF THE MIDDLE OF NO MAN'S LAND AND SO WE MOVED IT TO UH, 10 FEET. UM, BUT IF THE BOARD WON'T GIVE US THAT MIDDLE GROUND, THEN WE WILL, WE WILL BE. BUT BECAUSE I THINK AS A BOARD WE HAVE THE FLEXIBILITY UP TO WHAT THE REQUEST IS, RIGHT? WE DON'T HAVE NECESSARILY HAVE TO APPROVE 10 FEET. WE COULD APPROVE UP TO 10 FEET. I THINK THE BOARD COULD. BUT AS FAR AS STAFF, WE DON'T HIGHLY RECOMMEND THAT BECAUSE WE LIKE TO SEE PROVIDES PLANS OF COURSE BEFORE WE THEM THEM TO ALL BECAUSE WHAT YOU APPROVE HAS TO GO TO THE PERMIT PERMITING DEPARTMENT, THEY CAN TELL US WHAT THEY'RE GONNA PROVIDE US. BUT THAT'S WHAT WE, THE KIND OF CONVERSATION WE HAD EARLIER WAS THAT OKAY BECAUSE THAT'S A CONVERSATION WE HAD EARLIER THAT WHAT IF WE DENY THE THE OFF STREET PARKING, IT WOULDN'T AFFECT THE OTHER PLANS. YEAH, I I'M JUST NOT, UM, PROBABLY FAVORABLE OF SAYING SOMETHING AT THE PODIUM AND WE'LL JUST SIT BACK AND WAIT ON IT. I WOULD LOVE TO HEAR THE TRAFFIC, UM, ON THE, THE, THE APPLICANT'S REQUEST AND THOUGHTS AND FURTHER ON THE RATIONALE ON, ON THE DENIAL IN TERMS OF PO TRAFFIC HAZARDS OR, UH, SOME ABOUT REGARD. UM, GOOD AFTERNOON. UM, OF COURSE OUR OPINION, OUR TRAFFIC OPINION'S ALWAYS, YOU KNOW, TECHNICAL, BUT WE ALSO HAVE TO CONSIDER SAFETY. UM, WITH, WITH THIS, IF, YOU KNOW, VEHICLES ARE NOT PARKING, MY CONCERN IS IS THAT IF THEY WOULD BLOCK THE SIDEWALK, IF THEY'RE FORCED TO PARK ON THE STREET, THEY WOULD NOT BLOCK THE SIDEWALK AND I WOULD NOT SEE ANY HAZARDS WITH THAT. BUT OF COURSE, YOU KNOW, WE ALWAYS DEFER TO THE BOARD'S JUDGMENT. CAN, CAN I MAKE SURE I UNDERSTAND THAT? SO AT, AT, AT 15 FEET A CAR COULD FIT IN FRONT OF THE GARAGE, BUT IT WOULD BE BLOCKING THE SIDEWALK. UM, AS THE, AS THE, UH, THE, THE CURRENT PLAN SHOWS OR CURRENT PLAN SHOWS THAT IT, IT, IT WOULD, IF, IF IT WAS 10 FOOT BACK FROM THE PROPERTY LINE, THE GARAGE DOOR, IF SOMETHING WAS TO PARK THERE AT 15 FEET AT THE SAME TIME, SOMETHING THAT'S 15 FEET LONG, UH, ACCORDING TO THE SITE PLAN, I MEASURED IT FROM THE GARAGE DOOR TO THE, TO THE PAVEMENT EDGE OR CURB. IT'S ABOUT 13 FEET. SO IF IT WAS 15 FEET IT WOULD BE STICKING TWO FEET OUT INTO THE STREET AS WELL. SO OH, SO LIKE EVEN LIKE REALLY AT 10 FEET OR AT 15 FEET, IT IS REALLY WOULD BE PRETTY HARD TO PARK A CAR THERE. YEAH. WITHOUT BEING STUCK IN THE, WITHOUT BEING STUCK IN THE STREET. SO, AND ALSO WALKING ON THE SIDEWALK IF THEY WERE TO PARK THERE. SO, AND YOUR THOUGHT JUST WAS BY SHORTENING CONTENT YOU'RE REALLY TELLING PEOPLE LIKE DON'T EVEN TRY IT. YEAH. OKAY. GOT IT. THANKS. ALRIGHT, THANK YOU. ALRIGHT, ANY OTHER QUESTIONS FOR THE, UH, SPEAKER? ALL RIGHT. ALRIGHT. THANK YOU SIR. YOU'RE WELCOME. I ALRIGHT. ANY OTHER SPEAKERS, UM, REGISTERED IN FAVOR OF THE APPLICATION? THE APPLICANT IS ONLINE. OH, GREAT. ALL RIGHT. HELLO. UM, CAN YOU ALL HEAR ME? YES. CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? SURE. MY NAME IS TI PENTI. MY CURRENT ADDRESS IS 59 WILLOW FOUR DRIVE, HENRIETTA, NEW YORK, 1 4 4 6 7. OKAY. UH, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO. OKAY. PLEASE PROCEED. UH, GOOD AFTERNOON EVERYONE. UM, I JUST WANTED TO GIVE YOU A LITTLE BIT BACKGROUND ABOUT THE, THE LAW THAT I OWN. AND THERE'S A SMALL PIECE OF LAND, AS YOU CAN SEE, IT'S PRETTY NARROW AND I'VE OWNED THIS FOR OVER THREE YEARS AND, UH, SINCE THEN I'VE BEEN DOING EVERYTHING THAT I CAN TO MAKE IT A BUILDABLE LOT SO THAT MY FAMILY CAN BUILD A HOME AND, UH, WE CAN OWN SOMETHING, UM, TO LIVE. UM, AND I WORKED VERY [01:40:01] CLOSELY WITH THE, UM, THE DALLAS CITY DEPARTMENTS OVER THESE YEARS. MET WITH SEVERAL DEPARTMENTS, UM, AND, UH, WE HAD MULTIPLE ROUNDS OF DISCUSSIONS AND ALL AND LISTENED TO ALL THE FEEDBACK AND, UH, THE PLANS THAT YOU SEE TODAY, THEY'RE THE RESULT OF ALL THE COLLABORATION WITH ALL THE DEPARTMENTS. UM, AND WE CAME UP WITH THE BEST POSSIBLE LAYOUT, UH, HERE WITH THE HELP OF CHASE CORKER, UM, UH, WHO PRESENTED EARLIER, UM, FOR THIS SMALL PIECE OF LAND AND, UH, MEETING THE REQUIREMENTS FROM THE TRAFFIC DEPARTMENT, FROM THE LANDSCAPING DEPARTMENT AND OTHER CITY DEPARTMENTS. UM, AND, UM, AS, UH, YOU CAN SEE THE TWO NEW HOMES THAT ARE RIGHT NEXT TO IT ALSO WENT THROUGH ZONING CHANGES. AND THEY'RE ALL PRETTY MUCH AT THE SAME HEIGHT AND ALL, AND I'M JUST ASKING FOR THE SAME OPPORTUNITY TO BUILD ON MY PROPERTY. UM, AND, AND THIS PROPERTY HAS BEEN VACANT FOR YEARS AND INSTEAD OF REMAINING AN EMPTY PIECE OF LAND, IT CAN BE A NICE HOME TO FIT INTO THE NEIGHBORHOOD AND ALSO, UM, WE CAN BUILD SO MY FAMILY CAN, UM, LIVE THERE. UM, AND I, UH, RESPECTFULLY ASK FOR APPROVAL OF THESE VARIANCES, UM, WITH THE SETBACKS, UM, BY THE BOARD. AND THANK YOU FOR YOUR TIME, UM, AND, UH, UH, COUNSELING MY REQUEST. THANK YOU TOO. ANY QUESTIONS FOR THE APPLICANT? CAN YOU TELL US ONE MORE TIME HOW YOU ED HER LAST NAME? PENTY. P-I-N-N-I-N-T-Y. ALRIGHT, WE THINK WE GOT IT. MS. LAMBS SOUNDS LIKE SHE'S GONNA TAKE THE LEAD, SO WE'LL SEE HOW SHE DOES . ALL RIGHT. UM, ALL RIGHT. THANK YOU MA'AM. ANY OTHER SPEAKERS IN FAVOR OF THE APPLICATION? NO, THE SPEAKERS REGISTER, SIR. ALRIGHT, ANY SPEAKERS REGISTERED IN OPPOSITION? NO SPEAKERS REGISTER. ALRIGHT THEN I JUST WANNA NOTE FOR THE RECORD, WE DID HAVE THE ONE LETTER IN OPPOSITION. IT WAS FROM MR. LOOMIS ON, UH, EMAIL RATHER ON MAY 14TH, 2026. I JUST, I'M GONNA SAY IT, THE GIST OF THE OPPOSITION WAS THAT IT WAS A SERIOUS FLOOD ZONE IN HIS WORDS THAT HE WAS UNDER THE IMPRESSION WAS UNKNOWN TO THE PROPERTY OWNER. BUT, UM, I THINK WE'VE ALREADY ADDRESSED THAT. THAT BEING SAID, UH, IF ANYONE HAS ANY FINAL QUESTIONS FOR THE DESIGNER BEFORE WE VOTE, SINCE THESE OR SEVERAL MOTIONS, THEY'RE INTERRELATED. UH, DOES ANYBODY HAVE ANY FINAL QUESTIONS BEFORE WE ENTERTAIN A MOTION? ALRIGHT THEN, UH, IF THERE'S NO FINAL QUESTIONS OR DISCUSSION, THE CHAIR WILL ENTERTAIN A MOTION ON THE FIRST APPLICATION, WHICH IS THE FIVE FOOT VARIANCE TO THE FRONT YARD SETBACK. MS. LAMB. THESE GENTLEMEN SEEM TO IN CURRENTLY TO MAKE THE MOTION, SO I'LL GO AHEAD AND DO THAT. I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 3 6 ON APPLICATION OF AND IT'S, WE GRANT THE FIVE FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUEST BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE, THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO HIS APPLICANT. AND FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE OF INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE, THE MOST RECENT VERSION, ALL, UH, ALL SUBMITTED PLANS ARE REQUIRED. IS THERE A SECOND FOR MS. LAMB'S MOTION TO GRANT? SECOND. ANY DISCUSSIONS STARTING WITH MS. LAMB? NO, I'M LEANING ON STAFF'S RECOMMENDATIONS HERE. UM, UH, I FELT LIKE THEY GUIDED US IN THE RIGHT DIRECTION, SO I FELT WITH THE CONSTRAINTS OF THE PROPERTY AND WITH THE DEVELOPMENT THAT IT WAS NECESSARY FOR US TO GRANT MS NUMBER TO MOVE FORWARD WITH THIS DEVELOPMENT OF THIS, OF THIS PARTICULAR SITE. MR. QUINT, UM, I'M JUST EXACTLY ECHOING WHAT MS. LAMBER SAID. IT, IT, IT MAKES SENSE TO GRANT THIS FIVE FOOT SETBACK TO ME THE PROP PURPOSES OF, OF THE PARKING. SO I'M FINE WITH THIS ONE ON THE SIDE. ON THE SIDE THE YARD SAID THAT. ALL RIGHT THEN. UM, MS. WILLIAMS, WILL YOU PLEASE CALL THE VOTE ON MS. LAMB'S APPLICATION TO GRANT [01:45:01] THE, UH, UH, FIVE FIVE FOOT VARIANCE TO THE FRONT YARD SETBACK? OKAY. THANK YOU MS. LAMB. AYE MR. CAMPBELL? MR. QUINN AYE MR. CHAIR AYE. MOTION TO GRANT PASSES 4 2 0. NEXT UP IS THE APPLICATION TO GRANT THE 15 FOOT VARIANCE TO THE SIDE YARD SETBACK. MR. QUIN. I MOVED THAT ON BOARD OF ADJUSTMENT ON APPEAL NUMBER BO A 26 DASH 0 0 0 0 3 6 ON APPLICATION, UH, TI TI GRANT THE 15 FOOT VARIANCE ON THE SIDE YARD SETBACK REGULATIONS REQUESTED IN THIS APPLICATION 'CAUSE OUR EVALUATION OF PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF THE PROVISION OF DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT AN 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 REQUESTED. IS THERE A SECOND FOR MR. QUINT'S MOTION? I'LL SECOND THAT. ANY DISCUSSION STARTING WITH MR. QUINT? IT, THE, THE SITE'S ON COMPLETELY UNDEVELOPABLE WITHOUT THIS 15 FOOT, UH, VARIANCE AND SO I GO WITH WHAT OUR, UH, CITY PLANNERS AGREED WITH. ANY ADDITIONAL DISCUSSION MS. WILLIAMS, WILL YOU PLEASE CALL THE VOTE MS. WILLIAMS? AYE. MR. CAMPBELL? AYE. MR. CLINTON? AYE. MR. CHAIRMAN? AYE. OPTION TWO RENT PASSES. FOUR TO ZERO . ALRIGHT, NEXT UP IS, UH, THE APPLICATION TO GRANT THE 10 FOOT VARIANCE TO THE OFF STREET PARKING REGULATIONS MS. LAMB, I MOVE TO THE BOARD OF ADJUSTMENT OF APPEAL NUMBER BOA DASH 26 DASH 0 0 3 6 ON APPLICATION OF C DENIED THE OFF STREET PARKING BRANCH REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY IN CUSTODYING SHOWS THE PHYSICAL CARE TO HIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF PROVISION OF BALANCE DEVELOPMENT CODE AS AMEN WOULD NOT RESULT IN UNNECESSARY HARDSHIP. HIS APPLICANT IS THERE A SECOND MR. CAMPBELL SECONDS. ANY DISCUSSIONS STARTING WITH MS. LANE? THE APPLICANT STATED THAT, WELL, IT WOULD BE IDEAL TO HAVE THIS VARIANCE THEY CAN WORK AROUND IT. I'M LEANING TOWARDS A TRAFFIC ENGINEER WHO HAS CONCERNS ABOUT, ABOUT, UH, TRAFFIC HAZARDS CAUSED BY A VEHICLE, UM, PROTRUDING INTO THE, UH, THE STREET OR THE SIDEWALKS AND I, I'M MORE CONCERNED WITH WHAT MAY HAPPEN TO A PEDESTRIAN IF THIS IS GRANTED AND IT SOUNDS LIKE THE APPLICANT CAN WORK AROUND IT. SO FOR THAT REASON, I'M LEANING ON TRAFFIC ENGINEERS TO DO STAFF HERE AND TAKE THE RECOMMENDATION WITH THE DENIAL WITHOUT PREJUDICE, BUT WITHOUT PREJUDICE, YOU'RE MORE THAN WELCOME TO COME BACK AND MODIFY THIS APPLICATION. ANY ADDITIONAL DISCUSSION? MS. WILLIAMS, WILL YOU PLEASE UH, CALL THE VOTE ON MS. LAMB'S MOTION TO GRANT THE I I'M SORRY. NOW I'M NOT TO DENY. UM, THE, JUST WANNA MAKE SURE I SAY IT CORRECTLY. THE 10 FOOT VARIANCE OF THE OFF STREET PARKING REGULATE MS. LAMB AYE. MR. QUINN? AYE. MR. CAMPBELL, MR. CHAIR AYE. MOTION TO DENY PASSES? FOUR TO ZERO. ALL RIGHT, I'M GONNA READ THIS ONE MORE CAREFULLY. SECOND TO LAST IS THE APPLICATION TO GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE. IS THERE A MOTION MR. QUINT? I MOVE THAT BOARD OF ADJUSTMENT APPEAL NUMBER BO EIGHT DASH TWO SIX DASH 0 0 0 0 3 6 ON APPLICATION OF YOUR A PENI GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE POINT FOOT VISIBILITY TRIANGLE AT THE MOST NORTHERLY DRIVEWAY ALONG CANADA PLACE WITH A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT COURT AS ADMITTED BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT CONSTITUTE TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT. THE DALLAS DEVELOPMENT CODE AS A, AS AMENDED COMPLIANCE WITH THE MOST RECENT VERSION OF THE SUBMITTED SITE PLAN AND ELEVATIONS IN REGARDS TO THE PORTION OF THE VIOLATION OF THE VISUAL TRIANGLE OBSTRUCTION TRIANGLE ARE REQUIRED. SECOND FOR MR. CAMPBELL. ALL RIGHT, ANY UH, SPECIFIC COMMENTS ON THIS ONE? MS. LAMB? UM, STAFF MADE NO RECOMMENDATION HERE, BUT UH, IT IS NOTED THAT IF GRANTING THIS, IT WILL NOT NSTITUTE TRAFFIC HAZARD AND I DO, UH, BELIEVE THAT [01:50:01] THE, UH, THE NUANCE THE PROPERTY AND, UH, IT'S NECESSARY TO GRANT THIS IN ORDER TO HAVE THE PROPERTY DEVELOPED. ALRIGHT, THEN WE'LL BE VOTING ON THE, THE MOTION TO GRANT THE REQUEST TO MAINTAIN IT IN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE MOST NORTHERLY DRIVEWAY. MS. WILLIAMS, WILL YOU PLEASE CALL TO VOTE MS. LAMB? AYE. MS. CAMPBELL AYE. MR. QUINN AYE. MR. CHAIRMAN, AYE. MOTION TO GRANT PASSES? FOUR TO ZERO. ALL RIGHT, THEN LAST, THE CHAIR WILL ENTERTAIN A MOTION ON THE APPLICATION, UH, TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AT THE MOST SOUTHERNLY DRIVEWAY APPROACH TO CANADA PLACE. SAME. WE HAVE A MOTION MS. LAMB. UM, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 26 DASH 0 0 3 6 ON APPLICATION OF BERKELEY AND GRANT THE REQUEST TO MAINTAIN, UH, ITEMS IN THE 20 FOOT VERY VISIBILITY TRIANGLE AT THE MOST SOUTHERN DRIVEWAY APPROACH ALONG CANADA PLACE AS A SPECIAL EXCEPTION TO THE VISIT, THE VISUAL OBSTRUCTION REGULATION CONTAINED IN DALLAS DEVELOPMENT CODE AS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPEC, THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE TRAFFIC HAZARD. I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE FOR THE MOST RECENT VERSIONS OF SUBMITTED SITE PLAN AND EVALUATIONS IN REGARDS TO THE PORTION IN VIOLATION OF THE VISUAL OBSTRUCTION TRIANGLE ARE REQUIRED. IS THERE A SECOND? SECOND FROM MR. CAMPBELL? ANY ADDITIONAL DISCUSSION MS. LAMB? I MOVE TO GRANT THIS BECAUSE IT DOES NOT CONSTITUTE A TRAFFIC HAZARD IF GRANTED, BUT THEN ALSO, UM, THE STAFF POINTS OUT THE SUBJECT SUBJECT SITE IS RESTRICTED IN BILLABLE AREA BUT NOT SHAPE AND SLOW. TAKING INTO CONSIDERATION THE SUBJECT SITE IS A CORNER LOT WITH A FRONT YARD SETBACKS FACING BOTH CANADA DRIVE AND CANADA PLACE REDUCED IN BILLABLE AREA. THE SUBJECT SITE HAS A LOT SIZE OF 4,500 SQUARE FEET WITH A BILLABLE AREA OF 800 SQUARE FEET. THEREFORE IT CANNOT BE DEVELOPED IN A MANNER COMMENSURATE WITH DEVELOP DEVELOPMENT UPON OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT. UM, AND SO FOR THOSE REASONS, I MOVED TO GRANT THIS APPLICATION. ANY ADDITIONAL DISCUSSION ON THE MOTION TO GRANT MS. WILLIAMS, WILL YOU PLEASE CALL THE VOTE MS. LAMB? AYE. MR. QUINN? AYE. MR. CAMPBELL? AYE MR. CHAIRMAN? AYE. GRAHAM PASSES FOR . ALRIGHT. THANK YOU EVERYONE FOR COMING TODAY. I ADJOURN THIS MEETING OF THE BOARD OF ADJUSTMENT AT 2:52 PM. * 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.