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THE PUBLIC.[Board of Adjustments: Panel C on August 17, 2026.]
OKAY.ALL RIGHT, THEN WE CAN GO TO THE NEXT SLIDE.
WE'RE JUST GONNA WRAP UP WITH TOOMA ENFORCEMENT.
SO THERE ARE A FEW DIFFERENT WAYS TO, UH, ENFORCE TOMA.
THE PRIMARY WAY IS THE CIVIL LAWSUIT.
UM, IF SOMEONE WANTS TO FORCE COMPLIANCE WITH TOOMA, STOP A GOVERNMENT BODY FROM DOING SOMETHING, UM, OR VOID AN ACTION THAT WAS TAKEN AT A MEETING THAT VIOLATED TOOMA.
SO, AS I MENTIONED, I THINK AT THE TOP, ANY ACTION TAKEN THAT IS FOUND TO BE IN VIOLATION OF TOOMA IS VOIDABLE.
UM, AND THEN THERE ARE A FEW OTHER ADDITIONAL ENFORCEMENT OPTIONS THAT ARE AVAILABLE TO OTHERS, AND THOSE INCLUDE AN ACTION BY MANDAMUS OR INJUNCTION TO STOP THE BODY FROM, FROM TAKING CERTAIN ACTIONS.
ALSO, CERTAIN PERSONS CAN SUE FOR DAMAGES, ATTORNEY'S FEES, OR, UM, IT'S CALLED EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES ARE ALSO AVAILABLE FOR VIOLATIONS OF TOMA.
YOU CAN ADVANCE TO THE NEXT SLIDE.
ARE THERE ANY OTHER QUESTIONS? HOW AM I DOING ON TIME? OKAY.
ANY QUESTIONS IN THE AUDIO OR VIDEO? JASMINE? THANK YOU VERY MUCH.
SEEING NONE, I'M GONNA HAND THE FLOOR TO MY COLLEAGUE AND SHE'S GONNA GO OVER ROBERT'S RULES.
YEAH, GOOD JOB ON A DRY TOPIC.
SO MY NAME'S ELENA RUIZ WITH THE CITY ATTORNEY'S OFFICE.
I'M GOING TO DO YOUR TRAINING OF PARLIAMENTARY PROCEDURE WITH YOU TODAY.
UH, FOR THE MOST PART, IT'LL BE AN OVERVIEW OF OUR ROBERT'S RULES OF PROCEDURE AND THEN OUR CITY CODE AND HOW YOU GUYS WOULD USE THAT TO CONDUCT AN EFFICIENT MEETING.
SO, IF WE GO OVER TO OUR NEXT SLIDE, UH, WE'RE GONNA GO AHEAD AND GO OVER THE SENIOR AFFAIRS COMMISSION AUTHORITY, UH, ORIGINS OF PARLIAMENTARY PROCEDURE, ROBERT'S RULES OF ORDER, AND THE CITY CODE.
SO, ARTICLE 18, UM, YOU LOOK AT SECTION, UH, TWO DASH UH, 1 4 0.
IT TALKS ABOUT THE SENIOR AFFAIRS COMMISSION.
THIS IS WHERE, UH, YOUR COMMISSION WAS CREATED.
UM, IT CREATES THE COMMISSION AND IT SAYS THAT THERE SHALL BE AN ADVISORY BODY OF 15 MEMBERS.
EACH CITY COUNCIL MEMBER CAN APPOINT A MEMBER TO THE COMMISSION.
THE MAYOR'S GOING TO APPOINT THE CHAIR, AND THE FULL CITY COUNCIL, UH, SHALL APPOINT THE VICE CHAIR.
NOW, SECTION 8.5 TELLS US THAT, UH, IF IT ISN'T STATED IN OUR CITY CODE, WHICH WOULD BE IN SECTION EIGHT OF HOW TO CONDUCT THE MEETING, THEN WE'RE GONNA FALL BACK ON ROBERT'S RULES OF ORDER TO TELL US WHAT WE SHOULD DO OR ANSWER ANY OF OUR QUESTIONS.
SO, PARLIAMENTARY PROCEDURE ORIGINALLY, UH, GOES BACK TO OUR BRITISH PARLIAMENT IN THE 15 HUNDREDS, AND WHAT THEY DID WAS PUT TOGETHER A SYSTEMATIC METHODS TO MAKE SURE THAT THEY MAINTAIN ORDER DURING LEGISLATIVE SESSIONS.
THE PRINCIPLES BEHIND PARLIAMENTARY PROCEDURE ARE TO PROTECT THE RIGHTS OF THE MINORITY, ENABLE THE MAJORITY TO BE ABLE TO ACCOMPLISH GOALS, UH, PROVIDE ORDERLY EFFICIENT PROCEEDINGS, AND ENSURE FAIRNESS AND IMPARTIALITY.
UH, HE'S THE ONE WHO STANDARDIZED OUR STANDARDIZED, UH, THE SET OF PROCEDURES THAT WE FOLLOW.
UM, HE PRETTY MUCH WANTS TO ENSURE THAT MEETINGS, UH, WERE MADE IN A SETTING WHERE DECISIONS ARE FAIR, UM, ORDERLY, AND IT DECISIONS ARE MADE IN AN EFFICIENT MANNER.
IT AND HELPS THE GROUP TO DISCUSS ISSUES, DEBATE, PROPOSALS, AND VOTE ON DECISIONS IN A WAY THAT RESPECT ALL MEMBERS' RIGHTS AND ENSURE TRANSPARENCY IN THE DECISION MAKING PROCESS.
SO YOU, I THINK YOU GUYS PROBABLY HAVE NOTICED THIS ALREADY.
WHENEVER AN ISSUE DOES COME UP, OR WE'RE NOT SURE WHO SPEAKS FIRST OR WHAT ORDER WE GO IN, THE OVERALL THEME IS TO BE RESPECTFUL AND MINDFUL OF ALL THE MEMBERS, THAT EVERYONE HAS A CHANCE TO SPEAK AND BE HEARD, AND DECISIONS CAN BE MADE EASILY.
NOW, ROBERT'S ROLE OF ORDER IS REALLY THE GOLDEN STANDARD OF WHAT IS USED OUT THERE.
UM, WE HAVE NOW THE 12TH EDITION OF OUR ROBERTS RULES, AND IT'S RECOGNIZED IN, UH, MOST WITH MOST, UH, COMPREHENSIVE PARLIAMENTARY AUTHORITY IN THE UNITED STATES.
APPROXIMATELY 85% OF ALL ORGANIZATIONS USE ROBERTS RULES FOR THEIR PROCEDURE, AND THEY ARE KIND OF VERSATILE, RIGHT? THEY HAVE A LARGER VERSION THAT YOU USUALLY SEE MYSELF OR THE OTHER ATTORNEYS BRINGING AROUND WITH US WHENEVER YOU HAVE QUESTIONS.
AND THEN THEY ALSO HAVE A NEWLY REVISED VERSION ALSO THAT'LL BE SMALLER, UH, FOR ANYONE WHO JUST
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DOESN'T NEED AS MUCH OF IT, RIGHT? MM-HMMSO WHEN WE LOOK AT WHAT A MEETING IS, THERE ARE GOING TO BE CERTAIN ESSENTIALS.
UH, YOU'RE GONNA HAVE YOUR QUORUM, YOUR AGENDA, AND THE MINUTES.
UH, SO THE QUORUM, DEPENDING ON HOW THAT'S DEVISED, UH, THAT'S DEFINED BY YOUR ORGANIZATION, IS GONNA BE A MINIMUM NUMBER OF MEMBERS WHO ARE ALLOWED TO BE PRESENT TO CONDUCT, UH, BUSINESS LEGALLY, RIGHT? IT'S TYPICALLY GOING TO BE IN OUR BYLAWS, LIKE YOU HEARD EARLIER.
UM, YOU HAVE TO HAVE A MAJORITY OR 50% PLUS ONE, OR YOU CAN'T HAVE ANY LESS THAN SIX MEMBERS, IF ANY, AT A A MEETING IN ORDER TO MOVE FORWARD WITH THE QUORUM.
UM, THE AGENDA IS GOING TO BE A STRUCTURED OUTLINE OF THE MEETING BUSINESS.
IT'S INCLUDES YOUR CALL TO ORDER, APPROVAL OF MINUTES, ANY REPORTS THAT YOU HAVE, OLD AND NEW BUSINESS AND ADJOURNMENT.
SO YOU ALSO HAVE SOME KIND OF OUTLINE WITH YOUR OWN AGENDAS THAT YOU BUILD, UH, THAT PRETTY MUCH HAS THE SAME THING, IF NOT THE SAME WORDS.
AND THEN YOUR MINUTES ARE AN OFFICIAL RECORD THAT'S TAKEN.
AND OF ANY OF THE CONTENT THAT'S DISCUSSED, UM, THIS IS GOING TO BE SOMETHING THAT'S USUALLY POSTED AND MADE AVAILABLE FOR THE PUBLIC, BUT THE RECORD'S GONNA BE MOTIONS, VOTES AND OUTCOMES.
IT'S NOT REALLY A DETAILED, UH, LIKE SCRIPT OF WHAT EVERY PERSON HAD SAID.
IT DOES HAVE TO BE APPROVED BY THE ASSEMBLY AT THE SUBSEQUENT MEETING.
SO IF WE GO TO OUR NEXT SLIDE.
THEY GIVE US TOOLS ON, UH, WHAT WE CAN USE WHENEVER WE'RE CONDUCTING OUR MEETINGS.
SO WHENEVER A MEMBER WANTS TO SPEAK, THEY HAVE TO OBTAIN THE FLOOR.
AND WE'RE GONNA TALK MORE ABOUT THE CHAIR'S ROLE IN THE MEETINGS, BECAUSE THE CHAIR'S PRETTY MUCH THE PERSON WHO ENSURES THAT A MEETING MOVES BY SMOOTHLY.
UM, IF SOMEBODY WANTS TO HAVE THE FLOOR, THEY MUST FIRST BE RECOGNIZED BY THE CHAIR.
I MOVE THAT AND GIVE THEIR MOTION.
UM, THAT'S GOING TO BE THE FIRST MOTION.
IF IT'S, UH, HASN'T BEEN MOTIONED ALREADY AND IT'S NEW BUSINESS, THE SECOND MOTION, MAYBE SOMEBODY ELSE HAS A MOTION OR THE OTHER PERSON AGREES WITH THE MOTION, THEY WANT IT TO MOVE FORWARD.
IF NO ONE SECONDS THE FIRST MOTION, THEN THAT MOTION DOESN'T PASS AND YOU MOVE ON TO NEW BUSINESS.
UM, IF THERE IT HAS BEEN SECONDED, THEN UM, THE CHAIR'S GONNA STATE THE MOTION AND HE IS GONNA OPEN UP THE FLOOR FOR A DEBATE.
IN THIS CASE, EVERYONE'S GOING TO HAVE A CHANCE TO SPEAK ONCE DISCUSSION IS DONE.
ONCE DEBATE IS DONE, THEN YOU GO ON TO VOTE ON THE MOTION, AND THEN THE CHAIR'S GONNA ANNOUNCE THE RESULTS.
THAT'LL BE THE END OF THAT BUSINESS, AND YOU'LL MOVE ON TO YOUR NEXT BUSINESS.
UM, WE'LL GO INTO A LITTLE BIT MORE DETAIL ABOUT THE TYPES OF MOTIONS THAT YOUR BODY WOULD PRIMARILY USE.
SO WE HAVE OUR MAIN EMOTION, AND THAT'S INTRODUCING THE NEW BUSINESS.
UM, WE CAN LIKE TAKE LUNCH, FOR EXAMPLE.
UH, I MOVE THAT WE PURCHASED LUNCH FROM JASON'S DE, UM, IT'S A FOUR 18 MELROSE.
NOW, A SUBSIDIARY MOTION IN YOUR, ANOTHER ITEM IN YOUR TOOLBOX IS IF YOU WANT TO MAKE A, UH, AN AMENDMENT TO THAT MOTION, IF YOU WANT HUNDRED CHANGE EATER, IF YOU WANNA DO ANYTHING THAT'S GOING TO MODIFY THIS ONE.
SO IN THIS EXAMPLE, I MOVED TO AMEND THE EARLIER MOTION BY STRIKING JASON SELLI AND REPLACING WITH CORNER BAKERY.
SO WE JUST HAD AN AMENDMENT TO THE MOTION.
SO KEEP IN MIND THE ORDER POINT OUT.
WE HAVE OUR MAIN MOTION THAT WAS JUST SET DOWN ON THE FLOOR, AND THEN WE HAVE OUR SUBSIDIARY MOTION THAT WAS PUT ON TOP OF THAT, RIGHT? UM, IF YOU GO TO WILLIAMS, THE NEXT SLIDE, AND WILLIAMS FOR PLANNING PURPOSES, DO WE HAVE ANY, YOU'LL SEE THAT THERE'S SUCH THING CALLED PRIVILEGED MOTION.
SO LET'S SAY AFTER THAT MOTION'S MADE, SOMEBODY ELSE IS LIKE, HEY, I NEED TO TAKE A BREAK.
SO THAT MOTION SAYS RIGHT ON TOP OF THAT SECONDARY MOTION.
AND AFTER THAT WE HAVE A FEW INCIDENTAL MOTIONS AND OTHER MOTIONS THAT YOU CAN USE TO HELP MOVE A MEETING ALONG OR CLEAR THINGS UP.
MR. BUT FOR THIS PARTICULAR MOTION, YOU WOULD KNOW YOU HAVE TO VOTE ON THAT FIRST.
AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT THE WAY.
AND WE KEEP GOING UP THE LINE.
CAN YOU TURN THE MICROPHONE ON? THAT'S ONE WAY TO PUT IT.
BUT IF YOU LOOK AT YOUR INCIDENTAL MOTIONS, YES, THESE MOTIONS ARE GOING TO BE PROCEEDED.
UH, PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY ADDRESS IS 61 19 YEARS OLD AVENUE, SUITE 4, 2 7 DALLAS.
RIGHT? NO, THAT'S A GREAT QUESTION.
SO AS WE SEE AT THE MOTIONS, WE'RE BUILDING ON TOP ONE ON TOP OF ANOTHER.
WE'RE GONNA HAVE TO ADDRESS THAT MOTION.
JUST SO WE, ON THE CASE BACK, WE'RE ON CORNER BAKERY, WE CAN'T JUST CHANGE BACK.
YOU'RE GOING TO HAVE TO CORNER BAKERY.
SO WE, WE'VE UPDATED THE PLANS.
AS FOR YOUR REQUEST, WE ADDED THE FIRE RIGHT WALL, UH, ON THE RIGHT ELEVATION OF THE PROPERTY.
UM, I DON'T KNOW IF YOU GUYS HAVE THE, YOU GUYS HAVE THE PADS.
WELL, SHEET A TUBE SHOWS THE DETAIL OF WHAT WE'RE PLANNING ON DOING ON
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THAT SIDE OF, UH, THE ELEVATION.WE'RE PLANNING ON ADDING AN HOUR RATED, UH, WALL, UH, FOLLOWING CODE IRCR 3 0 2 0.4.
UM, AND JUST TO HELP REFRESH, SINCE I THINK IT MIGHT HAVE BEEN JUNE SINCE WE WERE LAST YEAR, UM, OBVIOUSLY THERE ARE FOUR DIFFERENT KIND OF REQUESTS FOR THIS ONE, CORRECT? UM, UH, FRONT YARD SETBACK, UH, ADJUSTMENTS TO THE TWO SIDE YARDS CORRECT.
AND THEN BECAUSE OF THOSE EXPANSIONS IN CONFIGURATION, AN INCREASE IN THE, UH, OVERALL COVERAGE, COVERAGE FROM THE PERMITTED 45% UP TO THE CORRECT.
UM, WOULD YOU PLEASE KINDLY JUST KIND OF WALK US THROUGH WHAT IS MOTIVATING THOSE REQUESTS AND WHY YOU, UM, THINK IT'S NOT CONTRARY TO THE PUBLIC INTEREST AND WHY IT SHOULD BE APPROVED IN LIGHT OF THE STANDARDS THAT WE ARE SUPPOSED TO BE? UH, AND, AND I APPRECIATE THAT YOU'RE, YOU'RE, YOU WERE HERE GETTING A BIT MORE INFORMATION AND ADDRESSING ONE OF THE ITEMS THAT WE'VE, UH, CONCERNED ABOUT THE FIREWALL AND THE PROXIMITY TO OTHER THINGS, BUT HELPING SORT OF REORIENT US WOULD BE USEFUL.
I MEAN, UH, STAFF, UH, RECOMMENDS DENIAL, BUT THE STAFF REPORTS ITSELF AGREE TO THE PARCEL IS A RESTRICTIVE IN AN AREA AND SHAPE AND CANNOT BE DEVELOPED, UH, WITH, UH, R 7.58 SONY AND AGREE TO CONDITION WAS NOT CREATED BY, BY US, THE APPLICANT.
ONLY THE PUBLIC INTEREST FINDING WAS ACTUALLY THE DISPUTE THAT WOULD HAPPEN.
SO, UH, UH, I MEAN, JUST THE HARDSHIP IN THE LAND, THE PARCEL WAS FLATTED BACK IN 1911 AT 2 97 SQUARE FEET PER THE SEAL SURVEY.
UM, EVERY FIGURE IN THE DIRECTOR IS FAR BELOW THE 7,500 SQUARE FEET.
R 7.5 INCH STANDARD FRONTAGE IS 43.49.
UH, ON THE, ON THE LOT ROUGHLY 97 FEET STANDARD SETBACKS CUT THE BUILDABLE FOOTPRINT BY ABOUT 29%, WHICH IS ABOVE THE 25% THRESHOLD IN SECTION 51, 8 0.3, UH, 1 0 2.
AND AM I RIGHT THAT, UM, PART OF THE, THE AERIAL FOOTAGE SHOWS KIND OF A CUTOUT AROUND WHAT LOOKS LIKE A TREE? IS THAT IN PART THE PROTECTED TREE THAT'S THERE? NO, NO, NO.
THAT'S, WE'RE FINDING A, OKAY.
ARE THERE QUESTIONS FOR THE APPLICANT ABOUT ANY OF THE, THE NEEDS? AGAIN, AS I UNDERSTAND IT, IT'S THAT THE LOT SIZE IS SMALLER THAN OTHERS IN THE AREA, AND SO THEREFORE THE REQUESTS ARE IN ORDER TO BE ABLE TO DEVELOP IT PORTFOLIO, AND BECAUSE IT'S SMALLER, THAT'S WHAT PROBABLY OVERALL, UH, LOT COVERED.
PLEASE, MR. WHAT'S THE SIZE OF THE CURRENT STRUCTURE ON THE, ON THE PROPERTY RIGHT NOW? I BELIEVE IT'S A 23, BETWEEN 1,920 300 SQUARE FOOT.
UH, OH, WE COULD DOUBLE CHECK.
SO IT'S ROUGHLY 11, 1200 SQUARE FOOT BELOW, SO 1200 SQUARE FIVE.
ANY OTHER QUESTIONS FOR THE APPLICANT BEFORE WE CALL ON THE OPPOSITION? PLEASE DO THAT, MS, YOUR HONOR.
UM, WOULD YOU SAY THAT IF YOU'RE LOOKING AT THE FRONT OF THE HOUSE, IS IT IN LINE WITH THE PROPERTY NEXT DOOR? IT IS, YES.
SO THERE'S SOME CONSISTENCY THERE.
UM, UNLESS YOU HAVE MORE TO PRESENT, WE'LL LET YOU GUYS TAKE A SEAT.
WE WILL, UM, FOLLOW ON THE OPPOSITION THAT'S REGISTERED, AND THEN YOU'LL HAVE AN OPPORTUNITY TO COME BACK UP AND OKAY.
MR. KING CAGS, PLEASE PROVIDE AUDIO AND VIDEO.
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WE CAN SEE YOU AND WE CAN HEAR YOU.DO YOU SWEAR, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE PROVIDE YOUR NAME AND ADDRESS.
KEN SCAGGS, 2 0 3 5 CULLEN AVENUE, DALLAS, TEXAS 7 5 2 0 6.
SO I HAVE A WHOLE LIST HERE, BUT FOR THE SAKE OF BREVITY, I'LL TRY TO CONDENSE IT DOWN TO THE ISSUE OF HARDSHIP.
EARLIER IN THE MORNING BRIEFING, IT WAS MENTIONED ABOUT, UH, LOT SHAPE.
IT IS A RECTANGULAR LOT THAT IS NOT IRREGULARLY SHAPED.
IT IS A LEVEL LOT, SO THERE ARE NO ISSUES WITH THOSE TWO.
I BELIEVE THAT THE BUILDER OR DEVELOPER PURCHASED AN UNDERSIZED LOT.
THEY WERE FINANCIALLY COMPENSATED FOR THAT.
THEY PAID LESS FOR THIS UNDERSIZED LOT AND BY WANTING TO BUILD A 4,000 SQUARE FOOT HOME, THIS SEEMS TO BE FOR FINANCIAL GAIN, WHICH IS NOT, UH, A HARDSHIP.
WHAT SIZE HOUSE CAN BE BUILT ON THE LOT WITHOUT THESE SETBACKS? THERE ARE ONLY THREE SINGLE FAMILY HOMES ON MELROSE AVENUE.
THE OTHER SIDE OF THE STREET IS TOWN HOME AND NOT REALLY APPLICABLE.
AND 54 14 MILL ROWS HAS A 4,140 SQUARE FOOT LOT, AND THE HOUSE SIZE IS 2,774 SQUARE FEET, 54 10 MILL ROWS, LOT SIZE 6,638 SQUARE FEET, WITH A HOME SIZE OF 3,188 SQUARE FEET.
I THINK THOSE TWO HOMES ARE MODERN.
THEY WERE BUILT IN, UH, I BELIEVE 2015 AND 2016, AND THEY SHOW THAT A 3000 A PROPOSED 3,950 SQUARE FOOT HOUSE IS NOT CONSISTENT, UH, WITH THE NEIGHBORHOOD, AND THERE'S NO REASON FOR A HOME OF THAT SIZE OTHER THAN FOR FINANCIAL GAIN.
UM, TRYING TO BUILD A, AN OVERSIZED HOME ON A SMALLER LOT WHEN THEY PURCHASED AND PAID FOR A SMALLER LOT.
AND THEN LASTLY, SAFETY CONCERNS, I THINK YOU'VE COVERED, BUT IN THE MORNING BRIEFING IT WAS ASKED WHAT SIZE OR WHAT'S THE WIDTH OF THE ALLEY? THE ALLEY WIDTH IS NINE FEET.
THERE ARE THREE UTILITY POLES RUNNING DOWN THE ALLEY.
THE UTILITY POLES ARE LOCATED ON THE SIDE OF THE ALLEY OF THE SUBJECTS IN QUESTION, AND THERE ARE OUR OVERHEAD POWER LINES AND OTHER UTILITIES THAT RUN DOWN THE ALLEY.
UH, SO I ASK YOU TO TAKE THAT INTO CONSIDERATION WHEN IT COMES TO SAFETY.
UH, I BELIEVE YOU'VE ADDRESSED THE FIRE CONCERNS IN TERMS OF BUILDING SO CLOSE TO THE HOUSE NEXT DOOR ON THE WEST SIDE OF THE PROPERTY.
I HAVE MORE, BUT I DON'T THINK IT'S, UH, TO SAVE YOUR TIME.
I THINK I'VE COVERED THE MAIN, BUT I DON'T THINK THERE'S BEEN A, A HARDSHIP PROVEN, UH, AT ALL.
AND I THINK THIS IS FOR FINANCIAL GAIN.
IS THAT A COUPLE QUESTIONS JUST IN TERMS OF THE, OBVIOUSLY THERE ARE FOUR DIFFERENT REQUESTS THAT WE'RE DEALING WITH HERE, THE LOT COVERAGE, THE EAST AND WEST SIDE YARD SETBACKS, AND THEN THE FRONT YARD SETBACK.
WOULD THE FRONT YARD SETBACK, UM, IF I'M READING THE MAPS RIGHT, YOURS IS THE HOUSE IMMEDIATELY TO THE EAST OF THE SUBJECT PROPERTY, UM, ON MELROSE? DO I HAVE THAT RIGHT? CORRECT.
AND THAT IS MY, THAT IS MY BACKYARD.
SO YOUR BACKYARD IS, UH, ACROSS THE ALLEY FROM THE SUBJECT PROPERTY.
DO I HAVE THAT RIGHT? CORRECT.
AND SO THERE, THE SUBJECT SITE'S FRONT YARD SETBACK IS YOUR, UM, SIDE THAT'S ON MELROSE.
IS THAT YOUR SIDE YARD OR IS THAT YOUR FRONT YARD? THAT'S MY SIDE YARD.
MY FRONT YARD IS ON COLLIN AVENUE, AS IS MY ADDRESS.
AND SO IN TERMS OF THE LOCK COVERAGE TO GET UP TO THE MELROSE, UM, AM I RIGHT THAT YOU'RE, THAT ISN'T NECESSARILY SOMETHING THAT WOULD BOTHER YOU? 'CAUSE IT'S YOUR SIDE YARD THAT WOULD BE ON MELROSE WITH THEM? I, I, IT IS THE SIZE THAT BOTHERS ME.
I, I THINK, AS I STATED, YOU KNOW, IF THE ONLY ARGUMENT THAT WE SEEM TO HAVE IS CONFORMITY TO THE NEIGHBORHOOD AND THE OTHER TWO HOMES ARE 2,774 SQUARE FEET AND 3,188 SQUARE FEET, AND THE PROPOSED STRUCTURE IS, UH, ALMOST 4,000 SQUARE FEET, 3,950
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SQUARE FEET.SO AGAIN, I FEEL LIKE THIS IS A, A, A STRICTLY FOR FINANCIAL GAIN TRYING TO MAXIMIZE, YOU KNOW, SQUARE FOOTAGE BECAUSE THAT'S WHAT THE SALES PRICE IS GOING TO BE, UM, BASED ON.
AND I DO WISH THAT I HAD HAD AN OPPORTUNITY TO SPEAK WITH THE APPLICANT AND, UH, THE PRIOR MEETING LAST WEEK, IT WAS RECOMMENDED THAT THEY APPROACH THE PEOPLE THAT WERE IN OPPOSITION TO THIS.
BUT, UM, I DON'T KNOW IF THEY EVER MADE AN ATTEMPT, BUT I NEVER RECEIVED, UH, ANY KIND OF REACH OUT.
WELL, I APPRECIATE THAT AND, AND THANK YOU FOR THAT ADDITIONAL.
ARE THERE OTHER QUESTIONS FOR, UH, MR. JACKS? OH, AND, AND IN REGARDS TO THE, YOU KNOW, FRONT YARD SETBACK, I DON'T KNOW THAT I HAVE AN ISSUE WITH THAT.
UH, I THINK THAT WILL CONFORM TO THE NEIGHBORHOOD.
MY, MY ISSUES ARE THE SIDE YARD SETBACK FOR SAFETY AS WELL AS ALLEY ACCESS FOR, UH, UTILITY TRUCKS, REPAIR TRUCKS, YOU KNOW, SEWER LINES RUN DOWN THERE.
UH, AND INCREASING THE BUILDABLE PERCENTAGE OF A LOT STRICTLY TO BE ABLE TO BUILD A, AN OVERSIZED, WHAT I CONSIDER TO BE AN OVERSIZED STRUCTURE, UH, IN COMPARISON TO THE OTHER HOMES ON, ON SINGLE FAMILY HOMES ON MELROSE AVENUE.
THANK YOU FOR THAT, UH, CLARIFICATION OR, UH, ADDITIONAL, UM, THOUGHT MS. GARNER, DID YOU HAVE SOMETHING? YES, THANK YOU MR. SPECS FOR BEING HERE, UM, AND ENGAGING.
UM, YOU, YOU KNOW, YOU'VE LISTED YOUR, UM, YOUR REASONS FOR, TO, TO, TO OPPOSE THIS, WHICH YOU ARE OKAY WITH THE FRONT.
AND YOU SAID SEVERAL TIMES THAT IT'S, IT'S THE FINANCIAL GAIN.
IS THAT YOUR TOP CONCERN? UM, THAT WELL, NO.
I MEAN, MY, MY PERSONAL CONCERN IS, IS THE SIZE OF THE STRUCTURE.
UH, I MEAN, IT'S, I FEEL LIKE IT'S A DIRECT ENCROACHMENT.
UH, IT'S A LOSS OF PRIVACY, UM, FOR MY HOME IN PARTICULAR.
BUT I ALSO BELIEVE BUILDING, UH, YOU KNOW, THERE'LL BE SIX, SIX FEET OF SEPARATION BETWEEN THE WEST HOUSE AND THIS SUBJECT IF THESE, UH, SIDE YARD SETBACKS ARE APPROVED.
UH, I, I THINK IT'S, IT, IT DOES IMPACT THE VISUAL NATURE OF OUR NEIGHBORHOOD BY BUILDING SUCH, SQUEEZING SUCH A LARGE HOUSE, UH, ONTO A LOT OF THIS SIZE.
UM, I, I MENTIONED THE FINANCIAL ASPECT OF IT JUST BECAUSE, UH, YOU KNOW, I DON'T BELIEVE A VARIANCE SHOULD BE GRANTED SO THE DEVELOPER CAN MAKE MORE MONEY.
UH, AGAIN, THEY, THEY BOUGHT AN UNDERSIZED LOT.
THEY PAID FOR AN UNDERSIZED LOT, AND THEY WILL BE MAKING A, A SIGNIFICANT FINANCIAL GAIN, UM, BY BUILDING SUCH A, A LARGE STRUCTURE.
LET'S GO BACK TO THE PRIVACY THING.
UM, SO WHAT ARE YOU, IF THERE IS A, ON THE, I GUESS THIS WOULD BE THE WEST SIDE, UM, WINDOWS WOULD BE SEEING INTO YOUR BACKYARD.
UM, SO BASED ON THE ELEVATIONS PROVIDED, THEY WOULD BE STARING INTO MY WINDOWS, UH, OF THE BACK OF THE HOUSE.
THEY'D BE STARING INTO MY BACK DOORS AS WELL AS STARING DOWN UPON MY BACKYARD.
IN SPITE OF THE SIX FOOT DISTANCE OF THE, OF THE, UM, ALLEY PLUS YOU, YOUR BACKYARD, DO YOU HAVE ANY TREES IN THE BACKYARD OR A HIGH FENCE OR? I, I HAVE AN, I HAVE AN EIGHT FOOT FENCE.
UH, I HAVE A PECAN TREE THAT IS, UM, TOWARDS THE SIDE OF THE HOUSE.
I HAVE A, UH, MAGNOLIA TREE THAT IS REASONABLE IN SIZE TO STAY BENEATH THE POWER LINES THAT RUN DOWN THE ALLEY.
UM, AND I UNDERSTAND, YOU KNOW, CONSTRUCTION PROGRESSES.
BUT AGAIN, I THINK WE'RE TALKING ABOUT A, A 4,000 SQUARE FOOT SQUEEZING 4,000 SQUARE FOOT HOUSE ONTO A OKAY, SO THE SIZE, YOU'RE SAYING THE SIZE, OKAY.
I JUST WANTED TO GET MORE ELABORATION ON YOUR PRIVACY CONCERNS.
UM, YEAH, I MEAN, HONESTLY, I, YOU KNOW, I PROBABLY LIKE THE SHADE
AND AGAIN, I DO APPRECIATE YOUR ENGAGEMENTS HERE.
YOU KNOW, YOUR, YOUR THIS MATTERS.
UH, BEFORE WE LET YOU GO, MR. SKAGGS, I'M SORRY, I BELIEVE MS. PEREZ MIGHT ALSO HAVE A, A QUESTION? YES.
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SKAGGS.UH, CAN YOU PLEASE TELL ME WHERE IS YOUR GARAGE? DO YOU HAVE A ALLEY ENTRANCE TO YOUR GARAGE OR, UM, ON FRONT ACCESS? FRONT ACCESS, MY GARAGE ACCESS IS ON COLIN AVENUE.
I DO HAVE A, I DO HAVE A GATE.
UH, THAT ACCESS IS THE ALLEY WHICH WE USED ACCESS, UH, THE SEWER LINES, WATER SHUTOFF, UH, YOU KNOW, AS SPRINKLERS, ANYTHING RELATED TO THAT, AS WELL AS I HAVE, UH, WHILE MY UTILITIES, UH, MY POWER IS UNDERGROUND, UM, IT DOES ORIGINATE FROM THE POLES, UH, THAT RUN DOWN THE ALLEY AS WELL AS MY, UH, INTERNET, UH, MY FIBER AT AND T RUNS DOWN THE ALLEY LINE MM-HMM.
OF THE THREE POLES THAT RUN DOWN THE ALLEY.
AND THE ALLEY'S PAVED, RIGHT? THE ALLEY IS NINE FOOT WIDE PAVED CONCRETE.
AND, UH, YOUR TRASH IS IS PICKED UP IN THE FRONT? IT'S PICKED UP IN THE FRONT.
MY GARAGE IS IN THE FRONT, SO MY BINS ARE
SO YOUR BINS ARE IN THE FRONT.
JUST SEEING IF THERE ARE ANY OTHER QUESTIONS FROM MR. SKY BEFORE WE THANK YOU VERY MUCH FOR YOUR TIME, MR. STAGGS.
UM, UNLESS YOU HAVE ANYTHING FURTHER, WE WILL LET YOU GO.
AND THEN, UM, UNLESS THERE ARE OTHER SPEAKERS IN OPPOSITION, WE CAN CALL THE APPLICANT, BUT I APOLOGIZE.
UM, WOULD YOU GENTLEMEN MIND COMING BACK UP, UH, FOR ANY REBUTTAL YOU WOULD LIKE TO OFFER? AND THEN I'M PRESUMING THERE MIGHT BE A HANDFUL OF QUESTION.
UM, A HOME SIZE IS NOT A
SETBACKS AND NOT COVERAGE ARE TWO TO THREE LETTERS.
STATE THAT MODEST CHANGES IN THE SETBACKS WILL BE UNDERSTANDABLE IN ALL THREE.
YOU ACKNOWLEDGE THAT 54 14 RECEIVED THE
UM, ANYTHING MORE YOU'D LIKE TO ADD BEFORE WE START PEPPERING YOUR QUESTIONS? UH, YEAH.
AS, AS FAR AS A PRIVACY, UH, STANDPOINT, THE WINDOWS THAT WE HAVE ON THE EAST ELEVATION ON THE SECOND FLOOR IS A CATWALK.
IT'S NOT A BEDROOM, IT'S NOT A MEDIA ROOM, IT'S LITERALLY JUST A HALLWAY TO GET YOU TO A BEDROOM TO THE BACK.
ANY OTHER WINDOWS ARE PLACEMENTS.
SO JUST TO MAKE SURE THAT THAT POINT IS CAPTURED, I'M LOOKING AT PAGES 72 AND 73 IN OUR DOCKET, THAT IS THE FLOOR PLAN FOR THE HOME.
AND JUST TO MAKE SURE THAT I'VE GOT YOU RIGHT, WHEN YOU SAY THE BACKYARD, THERE'S THAT CARVE OUT THAT I ASKED ABOUT EARLIER THAT YOU'D HAVE KIND OF A TREE.
SO IT'S, IT'S, SO YEAH, SO WE CONSIDER THAT THE SIDE YARD, YOU KNOW, HANGOUT AREA, RIGHT? THE BACK SIDE OF THE HOME.
THAT'S WHERE WE HAVE ALL THE WINDOWS FOR THE PRIVATE BEDROOMS. SO THE TWO BEDROOMS ARE NOT FACING EAST CORRECT.
TOWARDS MR. STACK'S PROPERTY? CORRECT.
THOSE ARE LOOKING AT EACH OTHER KIND OF INTO THAT COURTYARD.
AND THEN WHAT YOU'RE POINTING OUT IS THAT THE THREE UPSTAIRS WINDOWS WE SEE ON THE EAST FACING FACING ELEVATION ON 73 OF THE DOCKET, THAT IS A HALLWAY AND I, A CATWALK, I THINK IS CORRECT, MORE APPROPRIATE TERM, UM, AS PEOPLE ARE GOING UP AND DOWN THE HALLWAY.
AND AGAIN, YOU'RE CURRENTLY PLANNING, UH, UNDER THE SITE MAP, PUT UP A TREE THAT WOULD PROVIDE SOME WALK, CORRECT? YEAH.
UM, OTHER QUESTION, PLEASE, MS. CORRECT.
FOR YOUR SECOND FLOOR WHERE THIS CATWALK IS GONNA BE, WHAT IS YOUR OUTSIDE, IS IT GONNA BE BRICK, IS IT GONNA BE SIDING? WHAT IS THIS MAN GONNA BE STARING OUT AS HE LOOKS OUT HIS WINDOWS? HE'S GONNA BE LOOKING AT BOARD BAND SIDING.
SO IT'S THE VERTICAL SIDING THAT GOES SIDE BY SIDE.
THERE'S ONLY ONE PART THAT YOU'RE LOOKING THE ELEVATION OF THE HOUSE.
YOU ARE LOOKING AT THE, YOU KNOW, THE FRONT PART OF THE HOME.
THAT'S WHERE WE'LL HAVE BRICK, RIGHT? YEAH, THAT PART.
SO BRICK ON THE FRONT MIDDLE IS SIDING, AND THEN VERY BACK IS SIDING.
TURNER, DO YOU HAVE A QUESTION? I, MR. SASHEN, DID I HAPPEN TO HEAR YOU? YES, I DO.
QUESTION, UM, TO THE APPLICANTS, UM, I, I WANT TO KNOW HOW YOU GUYS ARE ADDRESSING THE CONCERN WITH THE SIZE OF, UM, UH, THE PROPOSED PROPERTY.
I, I THINK I HEARD YOU SAY THAT THE CURRENT
[00:30:01]
STRUCTURE IS ABOUT 1200 SQUARE FEET.UM, UH, AS, AS FAR AS PROPERTY COVERAGE, UM, HOW DO YOU ARRIVE AT NEARLY 4,000 SQUARE FOOT PROPERTY? UM, AND IS THAT, WHAT IS THAT RATIO, UH, AS IT RELATES TO THE, UM, THE ORDINANCE OR, UH, THE, UH, GOVERNING, UH, SIZE OF THIS PARTICULAR PD? OKAY, YEAH.
UH, WELL, I MEAN, UH, SO WHAT WE DO IS JUST WE DO A THOROUGH MARKET RESEARCH ON WHAT'S, WHAT'S GOING ON IN THE MARKET, THE NEIGHBORHOOD, UH, I'D SAY MAYBE EIGHT OUT OF 10, AND EVERY HOME IS AROUND 4,000 SQUARE FOOT HOME IN THAT AREA.
I'M SORRY, I'M SORRY, WHAT? IN WHAT PARTICULAR AREA? I MEAN, UH, IS IT IN THE GENERAL NEIGHBORHOOD THAT WE'RE, UH, TALKING OR WE'RE THAT WE'RE DISCUSSING, OR ARE YOU TALKING ABOUT A LARGER DALLAS AREA? UM, MULTIPLE ZIP CODES, THE GENERAL NEIGHBORHOOD.
WHAT ARE THE AVERAGE, WHAT, OH, I'M SORRY.
SO WHAT ARE THE AVERAGE SQUARE FOOTAGE OF THE HOMES IN THAT PARTICULAR NEIGHBORHOOD? UH, ROUGHLY ANYWHERE BETWEEN 4,000 TO 4,800 SQUARE FOOT FOR THE, FOR HOMES IN THIS AREA.
AND THAT'S, THAT, THAT INCLUDES THE TWO HOMES DIRECTLY NEXT TO OUR, UH, SINGLE FAMILY OR MULTI MULTIFAMILY OR TOWN HOMES? NO, THESE ARE SINGLE FAMILY, SINGLE FAMILY HOMES.
SO ON MELROSE, IT'S, IT'S, UH, I THINK MELROSE DIVIDES THE SONY BETWEEN R SEVEN EIGHT AND, UH, MULTIFAMILY, UH, RIGHT IN FRONT OF EACH OTHER.
SO RIGHT IN FRONT OF US, THERE'S MULTIFAMILY ALL AROUND BEHIND US AND, AND THROUGHOUT OUR RIGHT AND LEFT SIDE OF OUR HOME, IT'S ALL, IT'S ALSO ON R SEVEN EIGHT.
AND YOU'RE SAYING THAT THE AVERAGE SQUARE FOOTAGE OF THE HOMES IN THAT AREA ARE IN THAT ZONING, UH, AREA ARE AROUND 4,000 SQUARE FEET, CORRECT? YEAH.
SO WHAT ARE THE AVERAGE SIZE LOTS FOR THOSE 4,000 SQUARE FEET HOMES, SE 7,500.
WHAT'S THIS ONE? THIS ONE IS, UH, WE'RE AT 42 97.
SIGNIFICANTLY LOWER THAN, YEAH, RIGHT? CORRECT.
ANY OTHER QUESTIONS FOR THE APP, MS. PEREZ? I, I WANNA MAKE SURE I, I HEARD THOSE NUMBERS CORRECTLY, SO I'M GONNA REPEAT BACK TO YOU WHAT I THINK I HEARD, AND CORRECT ME IF I'M WRONG.
SO ON UH, 4,000 SQUARE FOOT HOUSE, YOU'RE SAYING THAT'S ON THE 7,500 SQUARE FOOT LOT? YES.
AND THIS, YOU'RE WANTING TO PUT A 39 40, OKAY.
60 FEET SHORT OF A 4,000 SQUARE FOOT LOT.
UH, I'M SORRY, HOME ON WHAT SIZE? LOT? 42 97.
ANY OTHER QUESTIONS FOR THE APP? IT WOULD YOU LIKE ANY FINAL WORDS AS THE APPLICANT? THANK YOU.
UM, WITH THAT, ARE THERE ANY MOTIONS TO BE A MS. FA? THANK YOU MR. VICE CHAIRMAN.
UM, I CAN GO WITH THE EASY ONE.
UM, I MOVE AT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 0 3 8 3 8 ON APPLICATION OF JORGE, UH, MALACHI GRANT, THE 17 FOOT 10 INCH VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF 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, THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
[00:35:02]
I WILL GO AHEAD AND SECOND THAT MOVE.UH, WE COULD USE, WE COULD USE EVERYTHING WE CAN
UH, SO, SO THAT SETS US UP FOR, UM, DISCUSSION.
UH, THE MOTION PENDING IS ONLY IN RESPECT TO THE POINT GORDON SAID THAT MM-HMM
MS. GARNER, IF THE MOVEMENT, I'LL GO AHEAD AND LET YOU
UM, I THINK WE'RE ALL IN AGREEMENT HERE.
EVEN MR. SCAGG SAID HE WAS OKAY WITH THIS, YOU KNOW, AND OBVIOUSLY I WANNA TAKE INTO CONSIDERATION HERE.
SO THAT WAS THE EASY ONE, AND THAT'S WHY I WANT TO, UM, GIVE THE APPLICANT THE SETBACK, I THINK TO BUILD ON THAT.
UM, AND I APPRECIATE THAT THIS PROBABLY IS GONNA BE US DISCUSSING THINGS THE WHOLE ABOUT THIS, NOT JUST THE INDIVIDUAL ITEM, BUT IT SEEMED FROM MY OBSERVATIONS FROM WATCHING THE, THE DRIVE THROUGH AND EVERYTHING TO LEARN IN THE BRIEFING THAT THE FRONT YARD SETBACK THAT'S BEING CONTEMPLATED HERE IS CONSISTENT WITH THE PROPERTY THAT THAT'S AROUND AND ITSELF ISN'T KIND OF THE, THE ISSUE.
I MEAN, HERE'RE LOOKING KIND OF AT THE PROPERTY AS A WHOLE AND THE, THE AERIAL, IT'S A, IT'S KIND OF A FUNCTION.
AND I THINK, UH, MS. PEREZ SORT OF TAGGED ON THIS QUITE A BIT, WHICH IS THE ATTEMPT IS TO GET ESSENTIALLY THE SAME-ISH TWO STORY HOME, EVEN THOUGH KIND OF A, WHAT YOU WOULD NORMALLY EXPECT WITH THE, A PORTION OF THE SIMILAR LOT SIZE IN THE AREA NOT BEING THERE BECAUSE IT'S CUT OFF AS PART OF THE PROPERTY DEFEATING ON.
UM, AND THAT SORT OF TOUCHES ON MORE THE, FROM MY PERSPECTIVE, THE SIDE YARDS, THAT THAT'S MAYBE THE LOCK COVERAGE.
UM, BUT I THINK I AGREE WITH MS. RONNER THAT THAT FRONT YARD SETBACK SEEMS NOT TO BE
ANY OTHER, ANYONE ELSE? I'M SORRY.
PLEASE GO AHEAD, MR. MR. SLATE.
I'M, I'M SO SORRY, UH, THROUGH THE, UH, MICROPHONE, THE LAST COUPLE SENTENCES FOR ME WERE REALLY LOW, SO I'M NOT SURE IF THE GENERAL PUBLIC, UH, HEARD THOSE.
UH, I WAS SIMPLY SAYING THAT THE, IN PART BECAUSE THE PROPERTIES TO THE EAST THAT WERE NOTIFIED ON MELROSE, THAT'S A SIDE YARD.
AND SINCE THE PROPERTIES WE'VE OBSERVED FROM THE DRIVE THROUGH KIND OF TO THE WEST OF MELROSE, THIS FRONT YARD SETBACK SEEMED CONSISTENT.
THAT SEEMS TO NOT BE CONTRARY TO THE PUBLIC'S INTEREST.
AND, UM, AS THE APPLICANT POINTED OUT, I THINK THE CITY, UH, DIDN'T DISPUTE THE SECOND AND THIRD PROMPTS OF THAT CONSIDERATION 'CAUSE OF THE SMALLER THAN STANDARD ROCK SIZE THERE, THOUGH, AS MR. STAGGS CORRECTLY POINTED OUT, WE ARE STILL TALKING ABOUT A RECTANGLE.
WE ARE STILL TALKING ABOUT SOMETHING THAT'S LEVEL, BUT THE SHAPES OR THE THE SIZE STILL, UH, COUNT THAT.
WOULD ANYONE ELSE LIKE TO SAY ANYTHING IN RESPECT OF THIS CASE BEFORE I ASK MS. WILLIAMS TO CALL THE MS. PEREZ, PLEASE? YEAH, I, I WILL, I WILL SAY THIS, WILL, THIS IS PROBABLY THE ONLY, UH, UH, YEAH, THAT I, I WOULD BE SUPPORTING.
UH, I I I, THE SIDE, THE SIDE YARD SETBACKS IS FOR ME, IT'S, YOU ARE RIGHT ON TOP OF, UH, YOUR NEIGHBOR ON THE ONE SIDE, AND THEN YOU HAVE YOUR ALLEY AND ALL THE UTILITIES I KNOW, UH, EMERGENCY VEHICLES WILL CUT THROUGH ALLEYS VERY QUICKLY, UH, TO GET WHERE THEY NEED TO GO.
I THINK IT'S JUST THEY'RE TRYING TO DO TOO MUCH ON THIS LOT.
UH, I WOULD LIKE THEM TO TAKE THIS AND GO BACK TO THE DRAWING BOARD AND BUILD SOMETHING, YOU KNOW, PERHAPS THAT WILL FIT ON THERE BETTER.
LET'S, LET'S TAKE 'EM ONE AT A TIME.
UH, ANYONE ELSE HAVE ANY COMMENTS IN RESPECT TO THE MOTION PENDING? WHICH AGAIN, IS FOR THE, UH, REQUESTED VARIANCE TO THE FRONT YARDS? HEARING NONE, I'LL ASK MS. WILLIAMS TO CALL A VOTE, BUT GIMME ONE SECOND WHILE I ASK, UH, MS. CARLA.
[00:40:42]
OKAY.UM, MS. WILLIAMS, THANK YOU FOR YOUR PATIENCE.
PLEASE GO AHEAD AND
MOTION TO GRAHAM PASSES FIVE TO ZERO.
MS. GARDNER, DO YOU HAVE ANOTHER NOTE? UH, YES, SIR.
UM, AND I JUST WANNA STRESS THIS IS ON THE SIDE YARD SETBACK TO THE WEST, SO NOT THE ALLEY SIDE.
OKAY, WELL, I MAKE THIS MOTION, UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 3 8 ON APPLICATION OF JORGE MALACHI, NO, UH, GRANT THAT ONE FOOT SEVEN INCH VARIANCE TO THE SIDE YARD SETBACK REGULATIONS AT THE WEST SIDE OF THE PROPERTY AS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF 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 COMPLIANT WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
I'LL GO AHEAD AND SECOND TO GET US DISCUSSING THIS ONE.
MS. GARNER, WOULD YOU LIKE TO, UH, EXPRESS WHY YOU WENT TO I I THINK THIS ONE'S NOT CONTRARY TO THE PUBLIC INTEREST.
I HAVEN'T HEARD ANY, UM, DISAGREEMENT ABOUT THIS EXCEPT FOR THE FIREWALL WHICH THEY, UM, SUBMITTED.
UM, UH, THE, THE FIREWALL RELATED NOW, NOW THAT IT'S IN THE PLANS AND, YOU KNOW, AND, AND ALSO LOOKING AT THAT PROPERTY TO THE WEST, UH, IF YOU'RE FACING THE HOUSE TO THE RIGHT, UM, ALSO HAS WHAT WOULD BE A VERY CLOSE, UM, PROPERTY LINE.
SO, UM, THEREFORE THAT'S, THAT'S WHY I MADE THE MOTION TO GRANT ANYONE ELSE LIKE TO SPEAK THROUGH THIS MOTION, WHICH IS IN RESPECT OF THE SIDE YARD SETBACK ON THE LEFT.
HEARING NONE, I WILL ASK MS. WILLIAMS TO CALL THE VOTE.
MOTION TO GRANT FAILS? GRADE TWO.
SO HAVE, UM, SO I COULD DO ANOTHER, UM, HERE.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND, AND THIS, WE'RE STAYING ON THE SECOND, THIS STILL THIS YEAH, THIS ONE WE'RE STILL ON THE WEST SIDE.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER VOA DASH 26 DASH 0 0 0 0 3 8 ON APPLICATION OF FORGE, MALACHI DENY THE VARIANCE TO THE SIDE YARD SETBACK REGULATIONS AT THE WEST SIDE OF THE PROPERTY IS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF PROPERTY AND THE 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 NOT RESULT IN A NECESSARY HARDSHIP TO THIS APPLICANT.
ANYONE WANT TO SECOND MR. MILTON? I WILL.
MS. GARNER, WOULD YOU LIKE TO SPEAK TO THE REVISED QUESTION? YES.
UM, I, YOU KNOW, WAS IN FAVOR OF KEEPING THE, YOU KNOW, THE WEST SIDE GRANT THEIR, THEIR REQUEST.
UM, SO OF COURSE THIS IS THE SECOND MOTION TO GIVE THEM THE OPPORTUNITY THAT IT WILL BE DENIED, BUT GIVE THEM THE OPPORTUNITY TO COME BACK AGAIN WITHOUT PREJUDICE.
MR. MILTON, WOULD YOU LIKE TO SPEAK TO THIS? SECONDED? YES.
UH, I WOULD JUST LIKE TO SEE THE APPLICANT GO BACK AND
[00:45:01]
MAKE SOME ADDITIONAL AMENDMENTS, UH, SO THAT IT WOULD BE, UH, MORE COHESIVE, UH, WITH THE REMAINING PROPERTIES IN THE COMMUNITY.UM, IT'S, UH, TO ME IT'S BUILDING ENCROACHMENT, WHETHER IT'S ON THE WEST SIDE OR THE EAST SIDE.
I JUST WANNA SEE MORE COHESIVENESS AND I THINK IT CAN BE DONE WITHIN THE AMOUNT OF PROPERTY THAT WE HAVE THERE.
WOULD ANYONE ELSE LIKE TO SPEAK TO THIS PARTICULAR MOTION? WHICH AGAIN, IS THE MOTION TO DENY WITHOUT PREJUDICE? THE SIDE YARD, WEST SIDE YARD.
I'LL ASK MS. WILLIAMS FOLLOW UP THAT MR. SINGTON.
MR. SINGTON? SORRY, I'M TRYING TO GET OFF MUTE.
MOTION TO DENY WITHOUT PREJUDICE PASSES? FIVE TO ZERO.
WOULD SOMEONE LIKE TO MAKE A MOTION? GO AHEAD, MS. PEREZ.
UH, I MOVE, OH, I MOVE, UH, THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A 26 DASH 0 0 3 8 ON APPLICATION OF JORGE, UH, MALACHI DENY THE VARIANCE WITH THE SIDE YARD SETBACK REGULATIONS TO THE EAST SIDE OF THE PROPERTY AS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE, A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP FOR THIS APPLICANT.
IS THERE A SECOND? SECOND HONOR SECOND, UM, MS. PEREZ OF THE MOVEMENT OF THE RIGHT, I THINK, UH, CHAD ABOUT IT IF YOU'D LIKE.
UH, AGAIN, IT'S, UH, BASICALLY, UH, I THINK IT'S TOO MUCH, UH, ON ONE PIECE OF PROPERTY AND ENCROACHING ONTO THE ALLEY AND NEIGHBORS.
IT'S, I I, I DON'T WANNA DISCOURAGE DEVELOPMENT IN THE CITY, UH, BUT IT NEEDS TO BE REASONABLE AND ALL OF THIS WAS, IT'S JUST TOO, RIGHT NOW, THE WAY THE PROPOSED PLANS ARE JUST TOO MUCH.
WOULD ANYONE ELSE LIKE TO SPEAK, MS. HONOR, PLEASE.
UM, THANK YOU FOR YOUR, UM, COMMENT.
UM, I, IT'S HARD TO ARGUE THAT THIS STRUCTURE IS TOO MUCH WHEN THERE ARE HOUSES RELEVANT SIZE AND, UM, IT'S JUST A LOT, IT'S JUST A LITTLE BIT SMALLER.
YOU JUST KIND OF CUT OFF THE BACK END A LITTLE BIT.
UM, AND YOU KNOW, I, MR. SCAGGS, UM, IS HERE, YOU KNOW, HE'S DIRECTLY ADJACENT.
HE HAS RELEVANT CONCERNS, UM, ONE OF WHICH WAS THE PRIVACY.
AND I THINK THAT IT, UH, WITH THE WINDOWS BEING ON THE CATWALK FURTHER BACK IN INSIDE THE LOT, UH, WITH AN ALLEYWAY, YOU KNOW, AND HE'D EVEN SAID HE WOULDN'T MIND A LITTLE RELIEF FROM THE WEST SUN.
UH, MR. SKAGGS NOTED THAT, UM, IN SPITE OF THE OTHER MOTION NOT PASSING, I WOULD NOT, I'M LEANING TOWARDS NOT SUPPORTING, UM, YOUR, UH, YOUR MOTION RESPECTFULLY.
UM, YOU KNOW, OBVIOUSLY THAT KIND OF MAKES THE, THE, THE, YOU KNOW, THE CONSTRUCTION DISCONTINUOUS SHOULD THIS, THIS MOTION NOT PASS.
UM, SO AS I CONSIDER ALL THE EVIDENCE, CONSIDER ALL THE CONCERNS, CONSIDER, YOU KNOW, APPLICANT'S REQUEST, THE, THE, AND THE ADJACENT PROPERTY OWNER'S CONCERNS.
UM, I'M STILL EQUIVOCATING, SO I'M HAPPY TO LISTEN TO MORE, UH, OF MY COLLEAGUES, UM, UM, OPINIONS ON THIS MATTER.
IF THEY ALL, IF YOU'D LIKE TO SWING ME A LITTLE MORE.
I MEAN, I APPRECIATED THAT THIS MOTION BEING WITHOUT PREJUDICE DID NOT
[00:50:01]
FORECLOSE THE APPLICANT FROM CONSIDERING WHAT ELSE COULD WORK.UM, IT DOESN'T FORECLOSE, UH, REACHING OUT TO MR. STAGGS ARE TO ENGAGE ABOUT WHAT STEPS, IF ANY, COULD AMELIORATES OF THESE ADDITIONAL CONCERNS ABOUT IT.
UM, IT DOESN'T PREVENT THE APPLICANT FROM RECONSIDERING WHAT WOULD BE DONE OR MAYBE TO SPUR WHETHER THE APPLICANT'S SEATS, BUT LEVERAGING THE NOW AS GRANTED FRONT YARD ADJUSTMENTS AT THAT, UM, AND, AND, AND SEE WHAT ELSE CAN KIND OF BE DONE IN THAT RESPECT.
SO I THINK CONSIDERING THE CONCERNS OF NEIGHBORS AND OTHERWISE
UM, UH, I JUST WANT, YOU KNOW, TO ACKNOWLEDGE THE FACT THOUGH THAT THE APPLICANT DID, UM, ADDRESS THE, THE FIRE ISSUE, A CONCERN THAT WE HAD THE FIRST TIME AND WENT BACK AND, AND WENT AND GOT THE, UH, FIRE RATED WALL ISSUE TAKEN CARE OF.
SO I DO APPRECIATE THAT PART OF IT.
BUT THE GENERAL CONCERN IS THE, FOR ME, IT AGAIN, IS THE SIZE THAT WE'RE TRYING TO FIT ONTO THIS LOT, UM, AND THE GENERAL SECURITY OR SAFETY CONCERN THAT I HAVE FOR THAT, AND THAT'S WHY I CAN'T, I CAN SUPPORT THIS MOTION.
I JUST CAN'T SUPPORT THE FULL PROJECT AS IT IS.
YEAH, I, I THINK I'LL JUST BASICALLY REITERATE WHAT, UM, THE OTHER PANELISTS, UH, HAD I SAY IT.
UM, WHILE I HAVE NO CONCERNS AT ALL WITH, UM, THIS PROPERTY GOING UP FOR FINANCIAL GAIN, I MEAN, YOU KNOW, WE CONDUCT BUSINESS TO GAIN FINANCIALLY, SO I HAVE NO PROBLEMS WITH THAT.
HOWEVER, WHAT, WHAT I SEE HERE IS A CASE OF, UH, A FIVE POUND BAG AND WE NEED TO FILL IT APPROPRIATELY.
AND I JUST THINK THAT THE RATIO TO STRUCTURE, UM, UH, TO BUILDABLE PROPERTY, IT IS JUST A LITTLE BIT OUTTA WHACK FOR ME FOR THIS PARTICULAR AREA.
SO, UM, YOU KNOW, I, THAT'S, THAT'S THE COMMENT I HAD THERE.
I'LL WAIT FOR, UM, I'LL WAIT FOR, UM, A ROLL CALL OPINION, THOUGH.
I JUST WANNA SAY THANK YOU TO MY COLLEAGUES.
CALL THE QUESTION MS. WILLIAMS, WOULD YOU PLEASE CALL MS. PEREZ? AYE.
MS. GARNER AYE MRS. SESSIONS? AYE.
ANYONE WANNA MAKE A MOTION ON THE SURFACE AREA? PLEASE, PLEASE.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 3 8 ON APPLICATION OF JORGE MALACHI DENY THE VARIANCE TO THE MAXIMUM LOT COVERAGE REGULATIONS REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
SECOND, WOULD ANYONE LIKE TO SPEAK TO THIS OR ARE WE AT, UH, DEAD WORK, PLEASE? I'LL SAY SOMETHING.
I'M, I'VE NEVER BEEN GOOD WITH NUMBERS, THAT'S WHY I WANTED TO MAKE SURE I UNDERSTOOD CORRECTLY.
THERE'S A 4,000 SQUARE FOOT HOUSE IN THIS NEIGHBORHOOD ON A 7,500 SQUARE FOOT PIECE OF PROPERTY.
AND WHAT THEY'RE LOOKING TO PUT IS A 39 60 SQUARE FOOT HOME ON A 4,297 SQUARE FOOT PIECE OF PROPERTY.
IT'S, IT'S, AND ENCROACHMENT ON, ON THE NEIGHBORS.
I STRONGLY ENCOURAGE THE BUILDERS TO, TO TAKE WHAT THEY, THE, THE FRONT YARD, UH, UH,
[00:55:04]
THAT THEY GOT TODAY AND THEN GO BACK AND, AND TRY TO WORK WITH THE PROPERTY THAT THEY PURCHASED AND PUT A HOME THAT WILL BE REASONABLE ONTO THAT PIECE OF PROPERTY.I KNOW THAT I, UM, I ACTUALLY PURCHASED THIS ONE A LITTLE BIT DIFFERENTLY BECAUSE I REALLY WAS THINKING THAT IT'S A LOT THAT JUST KIND OF HAVE THAT SORT OF OTHER WIDE BACK PORCH, UH, SORT OF WASN'T THE LOT COVERAGE THAT WOULD BE APPLICABLE TO EXPAND.
WOULD ANYONE ELSE LIKE TO SPEAK TO THE LOT COVERAGE, MR. HONOR? UM, AT THE MOMENT, WELL, I'M EQUATING AGAIN, UM, TO SUPPORT THE MOTION.
I, I THINK LOT COVERAGE, UM, AS FAR AS YOU KNOW, WHERE THE FOOTPRINT OF THE FOUNDATION IS, UM, DOESN'T NECESSARILY MEAN THAT WHEN THEY BUILD THAT IT WILL BE THIS BIG OPPOSING STRUCTURE.
SO, UM, IN AN EFFORT TO, TO HELP THEM ALONG WITH A SMALLER LOT TRYING TO, YOU KNOW, MAXIMIZE THE COVERAGE, I WOULD, UH, NOT SUPPORT THIS MOTION SO THAT THEY COULD MAXIMIZE WHAT THEY CAN UM, WHAT THEY'RE GIVEN WITH.
AND THAT'S WHERE MY THINKING IS AT THE MOMENT.
I WILL NOTE THAT RIGHT NOW WE DON'T HAVE A SITE PLAN THAT WE
SO FROM THAT STANDPOINT, WE DIE WITHOUT PREJUDICE.
THAT DOESN'T PROPOSE THEM FROM LATER ASKING FOR MORE LOCK COVERAGE TO CONSIDER, UH, AS OPPOSED TO US ASSERTING SOME AT THIS POINT ARBITRARY ISH, 53% VERSUS 45%.
YOU, WE DON'T KNOW HOW THEY MAY RECONFIGURED OR EVEN IF THEY WILL, RIGHT? LIKE WHO KNOW, MAYBE THEY'LL SAY WE DON'T WANNA DEAL WITH THOSE PEOPLE.
WE'RE JUST GONNA COMPLY WITH THE TWO SIDE OUR SETBACKS, WE'RE GONNA TAKE SETBACK WAY THAT WORK, UH, SOMEHOW, BUT THAT'S WHY I'LL BE VOTING IN FAVOR OF THE PENDING MOTION, WHICH IS TO DENY WITHOUT PREJUDICE
ANYONE ELSE LIKE TO SEE THIS ONE? I'LL ASK, UH, MR. WILLIAMS POLL.
MR. ASHTON A READY THIS TIME? AYE.
THE CITY WILL BE IN TOUCH ABOUT WHAT THIS ALL MEANS AND GET THE DECISION LETTERS OUT THERE.
UM, WITH THAT WE WILL MOVE TO OUR NEXT CASE, THE FIRST LISTED ON THE INDIVIDUAL ITEMS ON OUR DOCKET, POA 2 6 0 0 2 0 4 9 5 0 1 4
IF YOU WOULDN'T MIND COMING ON UP, UM, JUST LIKE YOU WATCH YOUR FOLKS BEFORE YOU, YOU'LL HAVE TO SAY YOUR NAME AND ADDRESS AND THEN MS. WILLIAMS WILL ASK YOU TO SWEAR THAT YOU'RE TELLING US TRUTH.
CAN YOU, UH, MAKE SURE THAT THE MICROPHONE IS ON ABOUT THAT? I WAS ENCOURAGED TO BRING UP POWERPOINT.
IS THERE A WAY TO PLUG THAT IN? AND WHILE WE'RE DOING THAT, I'LL STATE MY NAME.
I LIVE AT 5 0 1 4 ABRAMS ROAD.
THE PROPERTY, UH, WE'RE TALKING ABOUT DALLAS, TEXAS 7 5 2 1 12
YOU GIVE US JUST A MOMENT TO GET THAT UP FOR YOU.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
[01:00:14]
THANK YOU.SO, UM, MAY I BEGIN? PLEASE PROCEED.
SO, UH, THANK YOU FOR YOUR TIME THIS AFTERNOON.
AGAIN, I'M JOE TERRY, MY WIFE, CHICKY, TERRY AND I YOU CAN ADVANCE TO THE NEXT SLIDE, PLEASE.
UM, UH, LIVE AT THIS PROPERTY.
WE'RE A LONGTIME DALLAS RESIDENCE.
WE BOUGHT THIS PROPERTY IN SEPTEMBER OF 2023, SO ALMOST THREE YEARS AGO.
UM, AND, UH, SINCE THEN I'VE BEEN LOOKING FOR WAYS, THIS IS A 1,498 SQUARE FOOT PROPERTY ON THE INSIDE OF MAIN STRUCTURE WITH A DETACHED GARAGE.
UM, I DID LISTEN IN ON THE PRELIMINARY, UH, REVIEW THIS MORNING, SO I WANTED TO CLEAR UP SOME, UM, SOME THINGS THAT MAY HAVE BEEN INCORRECT ABOUT THE, UH, PRESENTATION THIS MORNING.
UM, BUT WE'VE, WE'VE BEEN LOOKING FOR WAYS TO, UM, GIVE A LITTLE MORE LIVING SPACE TO THIS PROPERTY.
UH, SINCE WE MOVED IN THREE YEARS AGO, ESPECIALLY SINCE MY DAUGHTER HAD HER BABY, UH, 20 MONTHS AGO.
MY MOM COMES TO VISIT FROM ARLINGTON A LOT.
UH, SHE'S 83, SO SHE DOESN'T WANNA DOG HOME AT NIGHT.
UH, SO WE'VE BEEN LOOKING AT WAYS TO DO THAT.
WE LOOKED AT WAYS TO, UM, UH, TO JUST ATTACH ONTO THE MAIN HOUSE.
UH, THERE WERE SOME LIMITATIONS, UM, AND, AND FINANCIAL RESTRICTIONS THERE.
UM, AND WE ALSO, UH, THIS IS ONE THING I WANTED TO CLEAR UP.
YOU CAN GO, UH, TO THE NEXT, UH, SLIDE AS WELL.
UM, THIS IS THE, THIS PROJECT INVOLVES, UH, DEMOLITION OF THE EXISTING DETACHED GARAGE.
IT IS A, UM, UH, IT'S A DILAPIDATED, AND I'M NOT SURE WHEN IT WAS BUILT, BUT YOU CAN SEE, YOU KNOW, THERE'S A LATER SLIDE WHERE YOU CAN SEE IT FROM THE INSIDE.
YOU CAN SEE OUT THROUGH THE CRACKS IN THE SLATS.
IT'S JUST A FULLY CONSTRUCTED, UM, STRUCTURE.
SO WE WANNA REBUILD A NEW GARAGE AND IN THE PROCESS OF DOING THAT, TAKE OUT A SHED THAT SITS BEHIND IT, WHICH IS ALSO VERY OLD AND DILAPIDATED.
AND THEN, UM, UH, AND THEN BUILD THAT ACCESSORY STRUCTURE ON THE BACK, WHICH IS MORE OF A ENTERTAINMENT AND OFFICE.
AND IF YOU GO FORWARD, ONE MORE PLEASE, MS. WILLIAMS.
SO WE WANNA REPLACE THE DILAPIDATED GARAGE AND THE DILAPIDATED SHED, THE GARAGE WILL BE ROUGHLY THE SAME SIZE.
UM, SO REALLY WHAT WE'RE TALKING ABOUT IS THE, THE, UH, ACCESSORY STRUCTURE ON THE BACK, WHICH WE CALL THE CABANA.
IT'S TO SERVE AS AN OFFICE, UM, AND A WORKOUT ROOM ON THAT BACKSIDE, WHICH SAYS STUDY ON THE PLANS AND THEN MORE OF AN ENTERTAINMENT AREA, UH, WITH THE LARGE PATIO, WHICH IS KIND OF PART OF THE PLAN.
UM, AND JUST REALLY, IT'S REALLY A STRUCTURE FOR ENTERTAINMENT.
ALSO, IF YOU MOVE FORWARD AND SEE SOME OF THE, UM, UH, WELL HERE, WE'LL COVER SOME OF THE JUSTIFICATIONS REALLY.
I, I THINK IT'S CLEAR THIS ADDITIONAL STRUCTURE AND THE ADDITIONAL SQUARE FOOTAGE WE'RE ASKING FOR IS NOT CONTRARY TO PUBLIC INTEREST.
THIS IS ONE OF THE HARDSHIPS THAT I WANTED TO TALK ABOUT.
THE MAIN HOUSE IS VERY SMALL, SO THE 25% RATIO, WHICH I FULLY UNDERSTAND ON AN AVERAGE PROPERTY, IS NOT AN AVERAGE PROPERTY.
IT'S WELL BELOW AVERAGE AND WE HAVE PLENTY OF SPACE TO, TO BUILD IN THAT BACKYARD.
IT'S ACTUALLY A LARGE FACT LOG.
SO I THINK THAT'S THE MAIN SH HARDSHIP I WANTED TO TALK ABOUT THAT NEW STRUCTURE.
AS MENTIONED THIS MORNING IS NOT VISIBLE FROM THE STREET EXCEPT FOR THE NEW GARAGE, WHICH WILL BE ACTUALLY A, AN AESTHETIC BENEFIT TO THE COMMUNITY.
UM, I DO HAVE ENTHUSIASTIC SUPPORT OF ALL MY ADJACENT NEIGHBORS, WHICH IS ON A, UM, A SUBSEQUENT SLIDE AS WELL.
AND RIGHT NOW IN THAT TWO BEDROOM HOUSE, UM, IT'S GOT A GREAT ROOM.
IT'S GOT A SMALL MASTER BEDROOM IN THE BACK RIGHT CORNER, AND IN THAT FRONT RIGHT CORNER IS ANOTHER SMALL GUEST BEDROOM.
MY WIFE AND I BOTH WORK FROM HOME, SO WE USE THAT AS AN OFFICE.
HAVING A PROPER GUEST ROOM FOR MY MOTHER OR MY DAUGHTER, UH, MY MOTHER-IN-LAW AND BEING ABLE TO MOVE THAT OFFICE OUT BACK WILL ALLOW US TO ESTABLISH A PROPER GUEST ROOM, UM, IN, IN THE HOME.
SO IF YOU CAN ADVANCE ONE MORE PLEASE.
THERE'S THE, UM, SIGNATURES ON A PETITION I PUT TOGETHER, UH, FOR MY NEIGHBORS.
YOU CAN SEE ALL ALONG THE BLOCK THERE.
OUR HOUSE IS THE ONE WITH THE RED DOT RIGHT IN THE MIDDLE.
UH, THESE ARE THE, ARE THE FOUR NEIGHBORS THAT, UM, THAT I APPROACH THAT, UH, THAT SIGNED OFF AND SUPPORT.
SO VERY SUPPORTIVE NEIGHBORS AND I BELIEVE THERE'S NO OPPOSITION.
IS THAT CORRECT? I BELIEVE THAT'S CORRECT.
SO THE NEXT PHOTO, UH, JUST FOR CONTEXT, I PUT TOGETHER A FEW SLIDES JUST TO, SO YOU CAN SEE WHAT IT WILL LOOK LIKE.
THAT'S THE AERIAL VIEW FROM GOOGLE MAPS.
UM, ON THE PROPERTY, YOU CAN SEE ON THE RIGHT SIDE THE ATTACHED GARAGE, I ACTUALLY DELINEATED THAT UTILITY EASEMENT THAT IS, UM, IN THE BACK OF THE PROPERTY.
THAT'S WHERE ENCORE, UH, THE AT AND T FIBER LINES, EVERYTHING RUNS BACK THERE.
IT'S NOT AN ALLEY, IT'S ONLY ACCESSIBLE FOR UTILITY.
AND THEN AT THE SOUTH SIDE OF THAT, AT THE BOTTOM
[01:05:01]
ON THIS SLIDE, THAT FEEDS INTO A DRAINAGE CULVERT THAT FEEDS INTO THE CREEKS FOR THE NEIGHBORHOOD.SO THAT THE YARD, THE LOT IS PITCHED FROM ABRAM TO BACK TOWARDS THAT.
UM, UH, TOWARD THAT UTILITY EASEMENT, YOU CAN, AND YOU CAN SEE WHERE THE STRUCTURE, THE FOOTPRINT OF THE STRUCTURE IN THE BACKYARD.
SO BASICALLY RATHER THAN, UM, HAVING THE SEPARATE GARAGE AND THEN A SEPARATE SHED, THAT WILL ALL BE GONE.
AND THEN THAT SPACE WILL BE FILLED UP WHERE THE GARAGE AND THE SHED CURRENTLY SIT.
AND THEN AS YOU MOVE TO THE SOUTH, THE MOST OF THAT IS THE COVERED PATIO THAT YOU SEE BELOW THAT BOTTOM LINE ON THE BED.
SO THAT'S NOT ACTUALLY INDOOR STRUCTURE.
UM, THE NEXT COUPLE OF SLIDES PLEASE.
THIS IS JUST TO SHOW THE VISIBILITY FROM THE STREET THAT WAS COVERED VERY WELL THIS MORNING.
UH, I THINK THE ONLY AESTHETIC WILL BE AN IMPROVEMENT WITH THE NEW STRUCTURE BELOW.
AND YOU CAN GO TO THE NEXT ONE PLEASE, MS. WILLIAMS. UM, THIS, THESE ARE JUST AGAIN, JUST CONTEXTUAL PHOTOS, A LITTLE CLOSER UP PICTURE OF THE GARAGE.
UM, YOU CAN SEE HOW LARGE THE BACKYARD IS AND I JUST GAVE PICTURES FROM BOTH DIRECTIONS THERE AND, AND JUST POINTED OUT WHERE THE SHED IS.
IF YOU CAN, UH, FAST, UH, GO FORWARD TO THE NEXT SLIDE PLEASE.
UM, THIS IS JUST KIND OF, I TRIED TO TAKE THE RENDERING AND PUT IT SIDE BY SIDE WITH THE GARAGE.
SO THIS WOULD BE THE VIEW STANDING ON THE DRIVEWAY TOWARDS THE BACK OF THE HOUSE.
SO AGAIN, GARAGE REPLACED WITH A MODERN STRUCTURE TO CODE.
I SHOULD ALSO NOTE THE CURRENT GARAGE ONLY HAS A THREE FOOT OFFSET, UH, FROM THE PROPERTY LINE.
WE'RE ACTUALLY GONNA MOVE IT, UH, TO THE SOUTH TO MEET THAT FIVE FOOT OFFSET, WHICH IS THE CURRENT CODE AS HE'S FINAL.
UM, AND THE, THE, OH, YOU ALREADY WENT TO THE NEXT SLIDE FOR ME.
I JUST TOOK THAT FROM THE CORNER OF THE LOT LOOKING BACK TOWARDS THE GARAGE.
SO THIS IS, I WAS ACTUALLY STANDING RIGHT OUTSIDE OF OUR MASTER BEDROOM WINDOW, JUST LOOKING DOWN THE LENGTH AND JUST TRIED TO POSITION THE RENDERING.
YOU COULD KIND OF SEE WHAT THAT LOOKS LIKE AND THAT'S WHAT THAT COVERED, UH, PATIO, UH, IS, IS INTENDED TO DO.
AND YOU CAN GO TO THE NEXT ONE, PLEASE.
SIMILAR VIEW JUST FROM THAT BACK, UH, SOUTHEAST CORNER, JUST LOOKING BACK.
SO YOU SEE THE STRUCTURES WILL BE TAKING OUT AND THEN THE VIEW OF WHAT, WHAT THAT VIEW WOULD BE FROM THE BACK CORNER.
AND YOU CAN MOVE ON TO THE NEXT ONE PLEASE.
SO, UM, GOT THE EMOTIONAL APPEAL HERE.
AGAIN, I JUST WANNA SUMMARIZE IT.
IT'S A NET BENEFIT TO THE PUBLIC INTEREST.
UM, BUT IN THE PICTURE THERE, THAT'S MY WIFE ON THE LEFT.
THAT'S MY MOTHER IN THE BLUE, THAT'S MY GRANDSON IN THE MIDDLE BEING HELD BY MY DAUGHTER.
UH, THEY LIVE IN FOREIGN AND, UH, MY MOTHER-IN-LAW, UH, ON THE RIGHT.
SO THOSE ARE OUR REGULAR VISITOR.
I THINK, YOU KNOW, WE'RE BRINGING A POSITIVE BENEFIT HERE.
WE'RE REPLACING A DILAPIDATED STRUCTURE.
WE HAVE ENTHUSIASTIC SUPPORT FROM THE NEIGHBORS.
UM, I THINK ONE THING THAT CAME UP IN THE, IN THE PRELIMINARY THIS MORNING WAS AROUND HARDSHIP AND I, I ADDRESSED THAT, UM, A LITTLE BIT, UH, WITH REGARDS TO JUST THE SIZE OF THE HOUSE BEING, UM, CONSTRICTED.
AND IT SOUNDS LIKE THE ONLY ISSUE IS AROUND WHETHER OR NOT WE CAN COVER THE PATENT.
IT SOUNDS LIKE THAT'S THE BIGGEST THING IN DISPUTE.
AND, AND I JUST WANNA BRING UP THAT IT JUST DOESN'T SEEM TO MAKE A PERGOLA IS SOMETHING WE DO AS AN AFTERTHOUGHT AND I THINK IT'S LIKE, OH, WE FORGOT, WE SHOULD HAVE COVERED THIS.
WISH WE HAD IT IN THE INITIAL PLANS.
WE JUST PUTTING IT IN THE INITIAL PLANS 'CAUSE IT MAKES ARCHITECTURAL SENSE.
AND, UM, AND THAT, I JUST WANTED TO, TO PUT THAT OUT THERE AS WELL.
AND IT'S, THIS IS ONLY A MINOR VARIANT DUE TO THE SMALL SQUARE FOOTAGE OF THE EXISTING STUFF.
AND THEN FROM THERE I'LL JUST OPEN IT UP FOR, UH, FOR QUESTIONS FROM THE GROUP OR WHERE, WHERE DID WE GO FROM HERE? MR. PERFECT.
UM, BY CHANCE DID YOU CONTEMPLATE ADDING SQUARE FOOTAGE ONTO YOUR EXISTING PHONE AND DO A COMPARING THAT? I'M GLAD YOU ASKED THAT.
UM, I, MY BUILDING ON THE BACK HERE, HE'S REGISTERED AS A SPEAKER AS WELL.
I'VE CONSULTED WITH, UH, THE FIRST TWO, UM, WERE HESITANT TO PUT TOGETHER A QUOTE BECAUSE IT WAS VERY EXP EXPENSIVE.
THE PLAN TO ADD ONTO THE EXISTING HOUSE, I THINK YOU'RE ASKING.
'CAUSE YOU COULD PICK UP THAT ACCESSORY STRUCTURE, FLIP IT AROUND, ATTACH IT TO THE HOUSE, AND WE DON'T, I'M NOT EATING IT.
THE ISSUE IS, IT'S A APPEAR AND BEAM, UH, WITH THAT SLOPE IN THE BACK AND A APPEAR AND BEAM.
THE FEEDBACK I GOT FROM TWO OTHER BUILDERS CAR HERE IS THAT THAT'S A VERY EXPENSIVE ADD-ON.
AND THEN THE OTHER COMPONENT TO THAT IS I'M ALREADY REPLACING THE GARAGE AND IT JUST, WE SOLVE A LOT OF PROBLEMS BY PUTTING THE ACCESSORY STRUCTURE ON THE, ON THE NEW GARAGE RATHER THAN PUTTING IT, UM, ON THE HOUSE.
UM, THE REASON I WAS SPECIFICALLY ASKING THIS ASPECT OF OUR CODE ABOUT UNNECESSARY HARDSHIP THAT LETS US CONTEMPLATE COSTS OF CLIENT WITH IT, IT'S ABOUT $50,000.
[01:10:05]
OKAY.SORRY YOU HAD IT UP, BUT YOU HADN'T RAISED YOUR HAND, SO I WAS LIKE, MAYBE THAT'S NOT, UH, MR. HOUSTON, I ASKED THIS EARLIER IF STAFF, BUT CAN YOU TELL ME EXACTLY WHAT ROOMS YOU PLAN ON HAVING IN THAT ACCESSORY? YES SIR.
UM, I BELIEVE IT WAS ON, IF YOU GO BACK A FEW SLIDES, I THINK IT'S SLIDE, UM, TWO, THREE, SLIDE FOUR.
UM, SO WE ARE, THE WAY WE CONSTRUCTED IT IS FROM THAT COVERED PORCH YOU CAN ENTER THERE AND THAT'S KIND OF AN ENTERTAINMENT ROOM.
IT DOES HAVE A KITCHEN AND THERE'S A BATHROOM.
AND THEN BEHIND THAT BATHROOM IS A, WHAT WE CALL, WHAT WE CALL THE STUDY.
THAT'S WHERE WE'RE GONNA PUT OUR HOME OFFICE AND THE PELOTON, WHICH WE DON'T HAVE, WE CAN'T, CAN BARELY FIT IN THE HOUSE.
BUT, UM, SO ESSENTIALLY IT'LL BE AN OFFICE SLASH EXERCISE AND THEN AN ENTERTAINMENT AREA.
AND THE PLAN THERE IS HONESTLY PUT UP A BIG TV AND OOPS, MOVE THE, UH, THE, THE GRILL OUT TO THAT COVERED PATIO SO THAT WE CAN ENTERTAIN OUT THERE, WATCH FOOTBALL GAMES,
SO WILL THAT BE A FULL BATH OR JUST A RESTROOM? IT IS A FULL BATH.
I, I, YOU KNOW, I CONTEMPLATED THAT WE DO A POWDER, UH, THERE, BUT IT, IT JUST DIDN'T SEEM TO MAKE SENSE.
UM, YOU KNOW, IF MY DAUGHTER'S THERE, SHE'S PREGNANT AGAIN.
SO IF WE SET UP A CRIB OUT THERE AND THE, THE BABY'S NAPPING IN THE STUDY, SHE'S GONNA WANT A FULL BATH AND, AND BE ABLE TO ACCOMMODATE WHAT SHE NEEDS OFF IT.
MS. GARNER, PLEASE NO DISCUSSION.
BEFORE YOU, YOU CALL SOMETHING, LEMME MAKE SURE THERE ARE NO MORE QUESTIONS.
MR. SASH MIGHT HAVE A QUESTION.
UM, ARE WE PLANNING TO, UH, DEED RESTRICT THIS ACCESSORY STRUCTURE AGAINST, UM, ANY POTENTIAL RENTAL USE OR THINGS OF THAT NATURE? IS HE ASKING ME THE QUESTION? YES.
WHAT? CAN YOU REPEAT THE QUESTION, SIR? I, I THINK HE WAS JUST MAKING SURE THAT THERE WOULD BE A RESTRICTION THAT THE ACCESSORY STRUCTURE COULD NOT BE USED FOR A RENTAL.
I WOULD BE, I WOULD BE NOT OPPOSED TO THAT RESTRICTION AT ALL.
MY WIFE WOULDN'T TOLERATE IT ANYWAY.
SO, UM, EVEN IF I WANTED TO, I WOULD BE VETOED.
SO THAT RESTRICTION ON THE PROPERTY WOULD BE FINE WITH ME.
UH, YEAH, I, THAT, THAT'S MY CONCERN IS I'M NOT SO MUCH, YOU KNOW, I, I LADY NAMED CHICKIE, YOU DON'T MESS WITH SOMEONE LIKE THAT.
SO SHE SAYS NO, THE ANSWER'S NO.
BUT LET'S SAY YOU AND CHICKIE WIN THE LOTTERY AND YOU MOVE ON TO GREENER PASTURES.
THAT'S WHY I'D WANT THAT DEED RESTRICTED SO THAT THE NEXT OF THAT HOME DOESN'T TURN AROUND AND START LEASING IT.
MS. SO YOU'RE, YOU'RE GOOD WITH PUTTING THAT DEED RESTRICTION IN THERE.
ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE.
DOES ANYONE HAVE ANY MOTION? MR. VICE CHAIRMAN? I HAVE A MOTION.
UM, FOR CLARITY, BECAUSE THIS IS NOT AN ADDITIONAL DWELLING, THAT'S WHY THE PROPOSED MOTION DOESN'T HAVE THAT RESTRICTION.
'CAUSE IT'S JUST AN ACCESSORY STRUCTURES COVERED BY WHAT EXISTS.
MAY I FURTHER COMMENT? WHEN A OPEN DOES IT FALL UNDER THAT CATEGORY AS AN ACCESSORY? THERE'S CERTAIN THINGS, I CAN'T REMEMBER IF IT'S, UM, A A KITCHEN KITCHEN OR A BATHROOM IN A BEDROOM.
THE COMPONENT WOULD MAKE IT AN ADDITIONAL DEVELOPMENT, BUT BECAUSE THEY'RE PROPOSING A STUDY, THEN IT'S CONSIDERED AN ACCESSORY AND THEY WOULDN'T BE ABLE TO USE IT AS RENTAL BECAUSE IT'S NOT PERMITTED AS AN ACCESSORY DWELLING UNIT.
THIS IS JUST AN ACCESSORY STRUCTURE.
SO YOU'RE JUST, THIS REQUEST IS WHETHER OR NOT WE, THEY CAN BUILD THEIR GARAGE BIGGER THAN THE 25% OF THE MAIN STRUCTURE.
WE ARE TALKING ABOUT THE USE OF THE STRUCTURE.
IT'S JUST ASKING CAN I BUILD MY GARAGE BIGGER THAN WHAT THE CODE ALLOWS.
THANK YOU BOTH FOR THAT CLARIFICATION.
[01:15:02]
MR. TERRY.I BELIEVE YOU HAD SOMETHING YOU WANTED TO ADD.
I JUST WANTED TO NOTE FOR MS. PEREZ'S QUESTION, I, I THINK IT'S IMPORTANT TO KNOW THAT WE DID NOT BUILD THIS TO BE A BEDROOM.
THERE'S NO DOOR THAT, THAT'S JUST A DIRECT HALLWAY PASS THROUGH FROM THE STUDY TO THE ENTERTAINMENT AREA SO THAT IT COULD NOT BE ACCOMMODATED AS A, AS A REAL BEDROOM ANYWAY.
SO TO MAKE THE CHANGES THEY WOULD THEN HAVE TO GET A PERMIT.
WOULD THAT
DOES ANYONE HAVE A MOTION? MR. VICE CHAIRMAN? I HAVE A MOTION PLEASE.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 4 9 ON APPLICATION OF RYAN HUSTON.
GRANT, THE 309.55 SQUARE FOOT 17% VARIANCE TO THE FLOOR AREA FOR A STRUCTURE ACCESSORY TO THE SINGLE FAMILY USE REGULATIONS BECAUSE HER EVALUATION OF 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 AND FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
MR. MILTON DID YOU CAME UP? NO, I WILL SECOND THE MOTION.
MS. GARNER HAS MOVEMENTS PRIVILEGE.
WOULD YOU LIKE TO EXPLAIN YOUR RE UH, I THINK THAT, UM, APPLICANT HAS MADE A CASE FOR IT.
UM, WE ARE LOOKING AT A 1800 SQUARE FOOT HOME.
HE'S GOT AN EXPANDING FAMILY GENERATIONALLY AND, UM, I RECOGNIZE THAT THE EXTRA SQUARE FOOTAGE IS PROBABLY THE, THE PATIO COVER.
AND SO I THINK THAT, UM, HIS REST, HIS, UH, REQUEST IS REASONABLE.
THE ONLY THING I'LL ADD IS IN LIGHT OF THE REQUIREMENT OF COMPLIANCE, THE ADDITIONAL PLANS IS SUBMITTED.
THEY DON'T CREATE THAT SECOND SPACE AS A BEDROOM.
UM, SO IN THEORY, UH, IT WOULD BE A CODE COMPLIANCE ISSUE WERE THEY TO LATER ADD IN ITEMS THAT WOULD TURN THAT INTO A BEDROOM AND THAT ACCESSORY BILLING UNIT WOULD BE ME AND MR. TERRY WOULD BE BACK.
SO, UM, I, AS YOU HEARD FROM THE BRIEFING, MY BIG QUESTION WAS LIKE, TECHNICALLY YOU WOULD ESSENTIALLY BE FINE WITHOUT COVERING THE PATIO.
IT IS OBVIOUS, BUT I I'M FINE WITH THAT ADJUSTMENT HERE.
ANYONE ELSE LIKE TO SPEAK? UH, IN RESPECT TO THE PENDING MOTION, BEFORE WE CALL THE VOTE, MS. PEREZ, PLEASE FOR OUR ATTORNEY CAN EXPLAIN TO ME AGAIN WHY WE CAN'T PUT THAT IN THE DEED.
WHAT PLEASE? BECAUSE HE CAN HAVE A, AN ACCESSORY STRUCTURE BY RIGHT.
HE'S JUST ASKING TO ENLARGE THIS STRUCTURE.
HE'S NOT ASKING FOR THIS TO BE AN ADDITIONAL DWELLING UNIT IN WHICH YOU WOULD PUT THE RESTRICTION THAT HE CAN'T, UM, PUT IT UP FOR RENT.
THIS IS JUST TO EXPAND HIS GARAGE IN WHICH HE IS ALLOWED TO HAVE HIGH RIDE BECAUSE HE DOESN'T HAVE THAT THIRD COMPONENT.
AND SO IF DOWN THE ROAD HE AND CHICKY MOVE OUT WITH THEIR LOTTERY WINNINGS AND THE NEW OWNER WANTS TO LEASE OUT THAT PROPERTY, THEN IT IS UP TO SOMEONE ELSE.
IT IS UP TO NEIGHBORS TO SAY, HEY, THEY'RE USING THAT AS A RENTAL SINCE IT HAS A FULL BACK.
IT COULD BE A STUDIO APARTMENT, LET'S CALL IT, WHICH THERE ARE NO DOORS IN THE STUDIO APARTMENT EXCEPT FOR THE BATHROOM.
IT WOULD BE UP TO THE NEIGHBORS TO TURN 'EM IN THEN, AND THEN THEY WOULD COME BACK TO US AGAIN.
OR THEY JUST GET BUSTED BY CODE ENFORCEMENT.
I BELIEVE IF THE NEIGHBORS DO MAKE THAT COMPLAINT, THEN CODE WOULD GO OUT TO GO INSPECT THE PROPERTY.
IF THEY DO FIND OUT THAT THEY ARE RENTING IT AND DEEM IT TO BE A NECESSARY DWELLING UNIT, THEY WOULD TELL THEM TO COME BEFORE BOARD TO GO COME GET THAT SPECIAL EXCEPTION.
I'M GONNA GO AHEAD AND ASK MR. ROMAN TO CALL A VOTE UNLESS ANYONE ELSE WOULD LIKE TO SPEAK TO YOU.
MS. WILLIAMS, PLEASE CALL VOTE MS. PEREZ.
AYE MS. AYE, MR. MILLIKEN? AYE.
MOTION TO GRANT PASSES? FIVE TO ZERO.
[01:20:01]
THAT BRINGS US TO OUR NEXT CASE, UM, WHICH IS BOA 2 6 0 0 0 0 5 2 AT 5 0 0 5 DENTON DRIVE.UH, REQUEST FOR A VARIANCE IN FRONT YARD SETBACK.
UM, AS YOU MIGHT HAVE SEEN, UH, THE FIRST STEP IN THE PROCESS IS TO BRIEFLY STATE YOUR NAME, UH, AND ADDRESS AND THEN MS.
MY NAME IS HOVE ANAYA AND I'M THE APPLICANT FOR THIS APPLICATION.
UH, JUST, I KNOW YOU GUYS, UH, HAD THE BRIEFING EARLIER THIS MORNING.
I JUST WANTED, I'M SORRY, I OH, I APOLOGIZE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
UH, SO I JUST WANTED TO GO, UH, JUST OVER A FEW, UM, POINTS, UH, WITH THE, WITH THE BOARD BOARD MEMBERS.
SO, UM, THIS LOT IS IRREGULARLY SHAPED.
I BELIEVE I DO HAVE, UM, A PRESENTATION THAT I SUBMITTED TO MS. WILLIAMS. UH, AND IF THIS WAS NOT TO BE APPROVED, IT WOULD REALLY LEAVE THE BUILT SITE, UM, WITH, UH, THE DESIGNERS TO REALLY STRUGGLE.
IT WOULD CREATE PROBABLY A BUILDING THAT LOOKS ODDLY SHAPED, UM, VERY TRIANGULAR, PROBABLY, UH, BASED ON THE TWO FRONT YARD SETBACKS AND WOULD DEFINITELY NOT BE THE SIZE, UH, THE SIZE OF THAT HOME WOULD NOT BE COHESIVE TO WHAT IS THERE IN THE NEIGHBORHOOD BECAUSE OF THE IRREGULARITY OF THE, OF THE SHAPE OF THE LOT.
UM, ADDITIONALLY, I DID WANT TO SAY THAT THERE ARE OTHER NEIGHBORS, UH, VERY CLOSE BY JUST TO NAME A FEW ADDRESSES.
AND YOU CAN JUST SCROLL MS. WILLIAMS THROUGHOUT THE, THE DIFFERENT SLIDES THERE.
UH, FROM PAGE TWO TO THE, TO THE END, THERE'S, UH, SEVERAL HOMES THAT YOU CAN JUST, IT'S A SHORT WALK TO.
SO WE GOT 29, 27 MAPLE SPRINGS, 29 19.
UM, WE GOT 28 0 3 MAPLE SPRINGS AND 20, UH, YES, THERE WE GO.
JUST THOSE THAT WE COULD JUST GET REALLY CLOSE FROM THIS PROPERTY.
AND THEY DON'T HAVE ANY IRREGULAR, UH, SHAPE LOT.
THEY HAVE A RECTANGULAR LOT AND THEY ARE NOT MEETING THE LOT CONTINUITY.
SO THEREFORE WE WOULD REALLY BENEFIT TO, TO HAVE THAT GRANTED, UH, GIVING THE SHAPE.
UH, IF YOU HAVE ANY QUESTIONS FOR ME, I'M HERE TO HOPEFULLY ANSWER THEM.
I IMAGINE THAT YOU CONTEMPLATED DIFFERENT WAYS TO COMPLY AND THINK THROUGH OPTIONS.
UM, HELP US APPRECIATE THOSE EFFORTS ON YOUR BEHALF OF THINKING THROUGH WHAT THOSE MIGHT LOOK LIKE OR HOW THEY MIGHT OPERATE.
UH, ACTUALLY, MS. WILLIAMS, IF YOU COULD PUT THE FIRST PAGE, IF WE WERE TO HAVE DOUBLE CONTINUITY, IT WOULD, IF YOU COULD SCROLL DOWN A LITTLE BIT TO SHOW THE, THE DRIVEWAY IT WOULD LEAVE US TO WHERE, IF YOU GUYS CAN IDENTIFY THE DRIVEWAY IN THE GARAGE IS THE FIRST, UM, ROOM THAT YOU CAN IDENTIFY ALONG WITH ME WITH A COAT CLOSET, IT WOULD REALLY JUST LEAVE US ROOM FOR, FOR THAT, UM, FOR THAT SIDE OF THE HOUSE, IT WOULD CUT OFF, UM, MOST OF THE ROOMS. SO IT WOULD, IT WOULD BE A VERY, VERY SMALL HOUSE.
I WOULD ALMOST CALL IT A TINY HOUSE.
ARE THERE OTHER QUESTIONS FOR THE APPLICANT, PLEASE? MR. MILLER? UH, MS. ANALIA, I, I DON'T, ARE YOU AWARE THAT THERE WERE A NUMBER OF LETTERS OF OPPOSITION? YES, I WAS MADE AWARE.
UH, WE DID OUR BEST EFFORTS TO GO OUT THERE AND CANVAS, OF COURSE, WE DON'T ALWAYS GET TO FIND ALL OF THE, UH, YOU KNOW, CONCERNED NEIGHBORS.
UM, AND OF COURSE EVERYBODY'S ENTITLED TO THEIR OPINION.
UM, WE DID FIND QUITE A FEW NEIGHBORS THAT WERE, UM, DIDN'T UNDERSTAND BLOCK CONTINUITY AND THEY THOUGHT WE WERE ASKING FOR THE HOUSE.
SO THIS, THE, THE FRONT, UH, OF THE HOUSE WOULD BE DENTON DRIVE.
THEY WERE THINKING WE WANTED TO BE ALL THE WAY SPLIT OVER TO THE FRONT, LIKE CLOSE TO THE SIDEWALK.
SO THEY WERE SAYING, OH NO, WE DON'T WANT THAT.
AND, UH, SOME THAT WE GOT TO SPEAK TO, THEY WERE, WHEN WE EXPLAINED, WE SHOWED THEM, I PERSONALLY SHOWED THEM THE PLAT AND, UH, IDENTIFIED OTHER HOUSES, SOME OF THEM THAT WE COULD JUST POINT AND THEY COULD SEE AND WE WOULD EXPLAIN TO THEM WHAT BLOCK CONTINUITY WERE AND THEN I COULD, COULD SEE THEIR WHEELS TURNING AND, AND FEEL LESS RESISTANCE.
[01:25:01]
WHAT I WOULD DESCRIBE OUR EXPERIENCE WAS PAM, IN TALKING TO SOME NEIGHBORS.SO DID, DID YOU, DID YOU DO THIS JUST DOOR TO DOOR OR YOU MEAN IN A GROUP FORMAT? HOW, HOW DID YOU DO THIS? I DID THIS DOOR TO DOOR.
UH, WITH MY BUSINESS PARTNER, UH, NAOMI, SHE'S ANOTHER CONSULTANT, UH, COMPANY.
WE TRIED TO DO IT AFTER, LIKE AFTER 5:00 PM OKAY.
TO MAKE SURE WE CALL PEOPLE FROM WORK.
BUT, YOU KNOW, DO YOU FEEL LIKE YOU CHANGED SOME MINDS BY DOING THAT? I DID FEEL LIKE I CHANGED SOME MINDS.
UH, WE DID HAVE SOME NEIGHBORS THAT WERE INDIFFERENT TO IT, UM, BUT I WOULD SAY, UM, 50% OF THE DOORS DIDN'T ANSWER AND THEN 25 WERE DIFFERENT AND, AND SOME WERE, UH, THINKING THE CASE WAS A WHOLE DIFFERENT THING THAN WHAT WE WERE ASKING FOR.
UM, DO YOU KNOW IF ANY OF THOSE PEOPLE THAT WITHIN WE SPOKE, CHANGED THEIR MIND AND SUBMITTED A LETTER OF SUPPORT? OR DO YOU HAVE EVIDENCE OF THE SUPPORT? UH, NO.
WE, WE DIDN'T REALLY, UM, YOU KNOW, ASK THAT.
UM, WHEN I FELT A LITTLE RESISTANCE, I DIDN'T WANNA PUSH, I JUST WANTED TO INFORM THEM, UH, SO THEY COULD HAVE, YOU KNOW, FORM THEIR OWN OPINION AND, AND GO FROM THERE.
I WASN'T SURE IF THEY HAD PERSONALLY SUBMITTED, UM, A LETTER OF, UM, SO WE HAVE, YOU KNOW, WE HAVE LETTERS OF OPPOSITION AND LETTERS OF SUPPORT, UM, THAT COME TO US, YOU KNOW, GENERALLY SPEAKING.
AND THAT IS PART OF OUR EVIDENCE.
SO, UM, IT WOULD'VE BEEN HELPFUL TO HAVE THOSE CHANGED MINDS.
SUBMIT, UH, LETTERS OF SUPPORT.
THANK, ARE THERE QUESTIONS FROM THE APPLICANT BEFORE WE START HEARING ANY VOICES OF THE OPPOSITION? NONE.
IF YOU WOULDN'T MIND TAKING A SEAT, YOU'LL HAVE AN OPPORTUNITY AFTER WE'VE HEARD FROM, UH, SPEAKERS IF WE HAVE AN OPPOSITION TO PROVIDE ANY REBUTTAL ANSWER.
MS. WILLIAMS, HOW MANY SPEAKERS DO WE HAVE SIGNED UP FOR OPPOSITION? I HAVE FIVE SPEAKERS IN OPPOSITION, TWO ONLINE AND THREE IN PERSON.
UM, SINCE THE FOLKS IN PERSON, UH, CAME DOWN HERE, I'LL LET THEM GO FIRST IF THAT'S OKAY.
AND MAYBE JUST GO ALPHA ORDER TO KEEP IT SIMPLE.
MY LAST NAME, UM, MS. MARSHA MILLER AND MS. MILLER, SIMILAR TO THE APPLICANT.
I'LL ASK YOU TO SAY YOUR NAME AND UH, AN ADDRESS FOR YOU AND THEN MS. WILLIAMS. MY NAME IS MARSHA MILLARD.
I LIVE AT 5 1 2 3 MAPLE SPRINGS BOULEVARD, DALLAS, TEXAS 7 5 2 3 5.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY, PLEASE PROCEED.
UM, I HAVE DONE EXTENSIVE RE RESEARCH ON THIS, UH, SITUATION AND HAVE CONSULTED WITH MY NEIGHBORHOOD.
THERE'S APPROXIMATELY 335 HOUSES.
I'VE REACHED ALL OF THEM AND THAT'S, UH, BEEN MY FOCUS BECAUSE I'M VERY CONCERNED ABOUT THIS.
SO WE'VE GOT A TRIANGULAR LOT AT THAT INTERSECTION AND THAT LOT HAD BEEN FOR SALE FOR OVER A YEAR.
AND THE REASON WHY I'M A REAL ESTATE AGENT HAS BEEN DOING REAL ESTATE FOR OVER 35 YEARS.
THE REASON WHY THAT LOT HAS BEEN FOR SALE FOR OVER A BECAUSE YOU REALLY CAN'T BUILD ON IT PROPERLY WITHOUT HAVING SOMETHING GIVE.
IT'S JUST A VERY, UM, DIFFICULT LOT SETBACKS AS YOU ALL KNOW WHAT THEY ARE.
SO, UM, MY BIGGEST CONCERNS THAT I HAVE FOR THIS PARTICULAR PROPERTY ARE THE FOLLOWING.
THE LOT HAS 7,840 SQUARE FEET.
THE GROSS SQUARE FOOTAGE OF THE BUILDING IS 4,496 SQUARE FEET, MEANING THAT THE PROPERTY WOULD TAKE OVER 54% COVERAGE OF THE LOT.
NUMBER TWO, SETTING BACK THE, THE, THE SETBACK LINE FROM 25 FEET TO FIVE FEET IS A 80% REDUCTION, WHICH IS A BIG DEAL.
UH, THE HEIGHT OF THE PROPERTY WILL BE 30 FEET ON THAT IS GONNA AFFECT THE NEIGHBORS BOTH WITH SUNLIGHT, WITH VISIBILITY, UM, WITH WHAT THEY CAN VIEW FROM THEIR WINDOWS.
UM, ANOTHER BIG ISSUE I HAVE IS THE RUNOFF OF THE WATER.
AT THIS POINT, THE WAY THAT THAT'S GOING TO BE BUILT, THE RUNOFF AND THE THE DEBRIS FROM THE ROOF WOULD BE BASICALLY LEFT TO THE NEIGHBORS AND TO THE STREET, YOU KNOW, AS FAR AS WATER RUNOFF IS CONCERNED.
AND, AND MS. MILLER, I APPRECIATE THAT.
I DO WANNA MAKE SURE WE'RE ON THE SAME PAGE BECAUSE I DON'T WANNA ABUSE YOUR, YOUR THREE MINUTES THAT YOU HAVE.
THE ONLY REQUEST BEFORE US IS ABOUT THAT, UM, SETBACK.
SO WE ARE NOT ABLE TO, OKAY, I'M SORRY.
BUT WE'RE NOT ABLE TO APPLY IN ABOUT HEIGHT FOR, IS THAT A DIFFERENT MEETING? THE, THE, THE ONLY MATTER THAT IS BEFORE US IS THE VARIANCE TO THE FRONT YARD SETBACK.
[01:30:01]
YOU.REGULATIONS ON, SO JUST IN TERMS OF BEING ABLE TO FOCUS YOUR, YOUR POINT, AND I, I KNOW YOU DID SAY OBVIOUSLY THAT'S AN 80% REDUCTION, WHICH IS A BIG DEAL.
BUT IN TERMS OF THE OTHER ASPECTS, THOSE KIND OF AREN'T AT LEAST BEFORE US TODAY.
AND THE OTHER THING IS, IT WILL AFFECT THE ABILITY FOR THEM TO PARK IN THE PARKING LOT AND OF COURSE THE PARKING AROUND THAT PARTICULAR AREA.
UM, SINCE I'M CUT BACK ON WHAT I, I WANTED TO SHARE, I, I THINK THE FACT THAT THE, THE PROPERTY IS GONNA TAKE 84% COVERAGE AND THE SETBACK IS 80%, UH, REDUCTION IS WHAT I'M STANDING ON.
AND, UM, WHAT DO YOU SAY, OBVIOUSLY AS A REAL ESTATE AGENT IN THE AREA, THERE ARE A LOT OF QUARTER LOCKS.
UM, IS IT THEN THE POSITION THAT YOU'RE TAKING THAT THEY SHOULD ALL HAVE TO COMPLY WITH WHOLE SETBACKS AND THAT IT'S NOT, I MEAN, WHAT ARE THE REASONS? COULD YOU, COULD YOU REPHRASE THAT ONE MORE TIME PLEASE? SURE.
BECAUSE THIS PROPERTY, AS I UNDERSTAND IT, IS COMPLYING WITH ONE OF THE FRONT YARD SETBACKS.
IT'S A SEEKING THE RELIEF AND RESPECTIVELY SECOND FRONT YARD SETBACK THAT IT'S GOT, UM, WHICH IS THE, THE BASIS OF THE VARIANCE.
SO ARE YOU THEN SUGGESTING THAT THIS LOT IS KIND OF UN BILLABLE? HONESTLY, YES.
I I, AND HERE'S THE OTHER THING.
BUILDERS, REALTORS, CONSTRUCTION PEOPLE, WE ALL KNOW WHEN YOU GO GET A SITE, WHETHER OR NOT YOU CAN BUILD SOMETHING ON THERE.
THAT'S WHY THAT LOT HAD BEEN EMPTY FOR OVER A YEAR.
IT IS NOT FEASIBLE TO BUILD SOMETHING AND TO MAKE ANY MONEY ON THAT TO COME AND PUT BASICALLY A SQUARE PEG IN A ROUND HOLE IS WHAT, WHAT THEY'RE TRYING TO DO.
AND I WOULD SUGGEST GO FIND ANOTHER PLACE TO DO THAT.
DON'T DO THIS HERE AND, AND MESS UP THE INTEGRITY OF THIS NEIGHBORHOOD.
IT'S ONE OF THE LA THERE'S ONLY TWO NEIGHBORHOODS IN, IN OAK CLIFF THAT HAVE ANY SINGLE FAMILY PROPERTY OF ANY DECENCY.
AND THAT'S OAK CLIFF AND PERRY HEIGHTS.
AND NOW WE'RE COME, WE'RE HAVING BUILDERS COMING IN.
OH, LET'S, YOU KNOW, SEE HOW MUCH WE CAN OVERRUN THIS.
BUT I KNOW YOU ALL DON'T WANNA HEAR ABOUT THE MONEY PARTS.
I'M GONNA TALK ABOUT THE AESTHETICS AND THE FEASIBILITY OF HAVING A HOUSE FIVE FEET FROM THE SIDEWALK.
UM, BEFORE I LET YOU RUN AWAY, FOLKS MAY HAVE QUESTIONS.
I'M SO SORRY I'VE NO, NO, NO, YOU'RE GOOD.
AND I APOLOGIZE FOR INTERRUPTING.
I JUST WANTED TO MAKE SURE THAT NO, I APPRECIATE THAT, THAT, UM, BECAUSE I KNOW WE HAVE A LOT OF SPEAKERS AND THAT THE ISSUES IN FRONT OF US ARE THE ONLY ONES WE CAN OPINE ABOUT.
AND ONE MORE THING, LET ME JUST THROW OUT THERE.
I DID REACH OUT TO 335 NEIGHBORS AND I, NOT ONLY ONE TIME, BUT THREE TIMES.
AND WITH ME, WHAT I DID, BECAUSE I WANNA BE TOTALLY TRANSPARENT, I JUST ATTACHED THE TWO REPORTS YOU ALL HAD AND SAID, MAKE YOUR VOICES KNOWN.
AND I GOT TREMENDOUS FEEDBACK FROM PEOPLE SAYING THAT THEY WERE GONNA SEND EMAILS.
THEY DIDN'T WANT IT TO HAPPEN.
THEY WANTED TO KNOW IF WE WERE GONNA COME IN PERSON.
THERE WAS A LOT OF FEEDBACK ON THE PRESERVATION SIDE OF OUR NEIGHBORHOOD.
UH, MS. BRAD, I BELIEVE YOU ARE GOING FIRST AND I'LL GO TO MS. YEAH.
MS. MILLER, THANK YOU FOR COMING, UH, DOWN TODAY AND PARTICIPATING AND FOR MAKING THE EFFORT TO REACH OUT TO ALL YOUR NEIGHBORS.
UH, THAT'S A BIG EFFORT, SO THANK YOU FOR THAT.
UH, THE ONE QUESTION I HAVE IS, TELL ME AGAIN THE SQUARE FOOTAGE OF THAT LOT.
AND AS FAR AS YOU KNOW, THERE'S NEVER BEEN A HOUSE PUT ON THERE, IT'S ALWAYS BEEN A VACANT LOT.
NO, THERE WAS A HOUSE PUT ON THERE AND MY OTHER FRIEND COULD PROBABLY TELL YOU MORE ABOUT THAT.
'CAUSE I, THAT'S BEEN VACANT SINCE I'VE BEEN THERE.
BUT FROM WHAT I UNDERSTAND IT WAS A MUCH, MUCH SMALLER HOME.
MR. MILLIKEN, DO YOU HAVE SOMETHING? UH, YES.
THANK YOU FOR COMING DOWN MS. MILLEN.
IS IT PICKED UP IN THE FRONT OR DID ALLEY TRASH PICKUP? THE TRASH IS PICKED UP IN THE FRONT, SO IT'S PICKED UP IN THE SALON AND DOES THAT LOT, I CAN'T RECALL FROM PICTURES, BUT DOES THAT LOT HAVE LARGE TREES? NO, IT DOES NOT.
AND YOU MENTIONED PARKING, SO SINCE IT'S A CORNER LOT, LET'S JUST SAY THEY WERE ENTERTAINING GUESTS, THEY WOULD HAVE TO PARK OBVIOUSLY ALONG ONE STREET OR THE OTHER, OR AROUND A CORNER.
ARE THERE STOP SIGNS? THERE'S A FOUR-WAY STOP SIGN THERE.
AND YOU DON'T RECALL SPECIFICALLY THE PREVIOUS HOME THAT WAS ON THAT PROPERTY, HOW IT GENTLE IT ORIENTED.
THE OTHER GENTLEMAN, HE WAS, HE'S LIVED THERE FOR 50 YEARS, SO OKAY.
QUESTIONS HE, UNLESS HE'S MILLER, BEFORE WE, WE LET THIRD CASE.
[01:35:01]
MUCH.WHO IS UP NEXT? MS. WILLIAMS IN ALPHABETICAL ORDER? MR. CARLOS GOMEZ.
MR. GOMEZ, THANK YOU FOR JOINING US.
UH, AS YOU'VE HEARD IT'S ON, UH, WE'LL GO NAME A GOOD ADDRESS FOR YOU THEN MS. WILLIAMS WILL ASK YOU TO SWEAR THAT YOU'RE GONNA TELL US THE TRUTH AND THEN THAT YOUR THREE MINUTES WILL COMMENCE.
WOULD YOU MIND TERRIBLY SHARING YOUR NAME AND ADDRESS? OKAY.
SIX HOUSES FROM THE PROPOSED KING.
GIVE US ONE SECOND WHILE MS. WILLIAMS CONFIRMS THAT YOU'RE GONNA TELL US THE TRUTH.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
LIKE I SAID, MY NAME IS CARLOS GOMEZ.
I LIVE SIX HOUSES DOWN FROM THE PROPOSED CHANGE OF THIS, UH, UH, FRONT YARD DEVELOPMENT.
AND I VIGOROUSLY OPPOSE IT BECAUSE OF MY NEIGHBORHOOD IS OAK LAWN HEIGHTS, WHICH WAS ESTABLISHED IN 1924.
AND THE PROPOSED FOR THESE PEOPLE WHO WANT TO PUT THE NEW HOUSE ON THERE, YOU'RE GOING TO CHANGE THE CHARACTER OF OUR NEIGHBORHOOD.
AND I KNOW IT'S THE NEIGHBORHOOD IS COMING UP.
MYSELF, THERE USED TO BE A HOUSE THERE, IT WAS FINE.
THEY HAD A YARD, HAVE A BUNCH OF DOGS, AND THEY COMPLIED MORE FOR EVERYTHING.
SO, YOU KNOW, YOU KNOW, I DON'T KNOW ALL THE LOGISTICS ABOUT THIS THING.
I JUST HEARD THAT I WANT TO CHANGE THE CHARACTER OF MY HUNDRED YEAR OLD NEIGHBORHOOD AND THERE'S NOT VERY NEIGHBORHOODS IN DALLAS THAT ARE A HUNDRED YEARS OLD.
AND, UH, I JUST DON'T WANT TO SEE IT CHANGE TO WHERE THIS HOUSE IS GONNA BE BUILT.
I DON'T KNOW FOR FINANCIAL GAIN OR WHAT, BUT JUST OPENING THE DOOR TO BRING IN MULTI-FAMILY HOMES INTO THIS NEIGHBORHOOD, MOVING INTO SINGLE FAMILY HOUSES.
BECAUSE YOU KNOW HOW THESE MULTI-FAMILIES, THEY CAN'T AFFORD A HOUSE IN THIS NEIGHBORHOOD.
SO THEY BRING IN TWO OR THREE FAMILIES IN ONE HOUSE, AND THEN YOU GOT PROBLEMS WITH TOO MANY CARS, NOWHERE TO PARK THEM, GET IN ON THE STREET.
AND WE HAVE PROBLEMS WITH OUR CARS GETTING HIT ALL THE TIME OR DIDN'T DRIVE BECAUSE THERE'RE PEOPLE DRIVING SO FAST UP AND DOWN THE STREET.
AND, UH, IF YOU JUST WANT PROOF OF WHAT I'M, I DIDN'T BRING NO PROOF OF WHAT I'M SAYING, THAT WHAT COULD CHANGE MY NEIGHBORHOOD IS JUST FOUR BLOCKS DOWN FROM THE NEIGHBORHOOD, YOU CAN SEE WHERE THE CHANGE IS.
THESE PEOPLE ARE MOVING INTO HOUSES THEY CANNOT AFFORD SINGLE FAMILY HOUSES WITH MULTI-FAMILY PEOPLE LIVING IN THERE.
AND IT'S CHANGING THE WHOLE CHARACTER OF THE NEIGHBORHOOD.
JUST FOUR BLOCKS FROM OAKLAND HEIGHTS.
AND I'M A CONCERNED NEIGHBORHOOD, UH, UH, OWNER AND I HAVE A LOT OF NEIGHBORS THAT ARE VERY CONCERNED ALSO.
NOW, BEFORE I LET YOU RUN AWAY, LET ME SEE IF ANYONE HAS ANY QUESTIONS FOR YOU.
AND I KNOW THEY CAN PUT A HOUSE THERE WITHOUT CHANGING THAT VARIANCE.
IT LOOKED VERY BEAUTIFUL AND EVERYTHING, YOU KNOW, I'M NOT WORRIED ABOUT THE HEIGHT AND ALL THAT.
YOU KNOW, HOUSES ARE GETTING BUILT EVERY EVERYWHERE.
DO YOU HAVE A QUESTION FOR MR. GOMEZ? MR. GOMEZ? THANK YOU.
THANK YOU AS WELL FOR COMING DOWN AND SPEAKING TODAY.
UH, DO YOU REMEMBER THE SIZE OF THAT HOUSE THAT USED TO BE ON THERE? IT WAS QUITE A BIG SIZE HOUSE.
WAS IT JUST, IT HAD A SIDE, IT HAD A SIDE YARD, IT HAD A FENCE WITH DOGS.
IT HAD A, IT DIDN'T HAVE A, LIKE A BIG BACKYARD, BUT IT HAD A SIDE BACKYARD KINDA.
WAS IT A TWO STORY OR ONE STORY? IT WAS A ONE STORY IN THE FRONT AND TWO STORY IN THE BACK.
LIKE A ADD-ON TWO STORY IN THE BACK.
AND YOU KNOW, IT STARTS OUT HERE AND IT GOES LIKE THAT.
DID IT HAVE FRONT PARKING? YEAH, IT HAD A FRONT PARKING, UH, FRONT DRIVEWAY.
OKAY, MS. GARNER, DO YOU HAVE A QUESTION FOR MR. GOMEZ? UM, THANK YOU FOR BEING HERE, MR. GOMEZ.
ARE YOU AWARE OF, I DON'T BELIEVE THERE'S ANY KIND OF OVERLAY, ZONING OVERLAY FOR THIS NEIGHBORHOOD THAT PRESERVES THE, THE HISTORICAL ASPECT.
ARE YOU AWARE OF ANY DISCUSSION REGARDING MAYBE MOVING FORWARD WITH SOME KIND? I, I REALLY NEED A DISCUSSION IN TRYING TO GET MY NEIGHBORHOOD DIS NEEDED AS A HISTORICAL DISTRICT.
IT NOT HAPPENING NOW, BUT I THINK I'M GONNA DO IT SINCE PEOPLE WANT TO CHANGE
[01:40:01]
THE CHARACTER OF MY HOUSE.AND YOU WOULD SAY THAT'S YOUR MAIN CONCERN WITH THIS PROPERTY IS THAT IT CHANGES THE CHARACTER OF THE NEIGHBORHOOD? YES.
AND BRING IN, LIKE I SAY, MULTI-FAMILY DWELLING IN SINGLE FAMILY HOMES.
ANY OTHER QUESTIONS FOR MR. GOMEZ OR CAN LET HIM TAKE THIS? NONE.
THANK YOU SO MUCH MR. GOMEZ FOR MR. WILLIAMS. IF I'M COUNTING CORRECTLY, I THINK WE HAVE ONE MORE IN PERSON, SPEAKER IN OPPOSITION, AND THEN THE TWO ONLINE.
MR. ROBERT PUTNAM, PUTMAN, I THINK YOU KNOW THE DRILL NAME AND AN I LIVE AT 51, UH, 26 MAPLE SPRINGS BOULEVARD, 7 5 2 3 5.
I'VE LIVED THERE IN THAT AREA FOR, SORRY, ONE SECOND, TO MAKE SURE THAT WE'VE GOT YOUR, UH, TESTIMONY UNDER OATH, PLEASE.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
I'VE LIVED, UH, THERE FOR QUITE SOME TIME, APPROXIMATELY 50 YEARS.
THE, WE'VE, WE'VE COME A LONG WAY.
UH, WE, WE'VE HAD A LOT OF PROBLEMS IN THE AREA OVER THE YEARS, AND WE'VE COME A LONG WAY AND, AND OUR COUNCIL MEMBERS HAVE BEEN FANTASTIC AND WONDERFUL AND, AND I'M ALL ABOUT MAKING THINGS BETTER.
I'M ALL ABOUT BUILDING AND, AND MAKING THINGS BETTER.
UH, THE CITY HAS, UH, UH, A LOT OF ISSUES AND, AND I WANT US TO MAKE THINGS BETTER.
AND YES, LET'S BUILD WITHIN REASON.
I DO NOT WANT THIS, UH, UH, UH, UH, AMENDMENT AND I DON'T WANT THE, THE AMENDMENT CHANGED.
UH, YOU KNOW, THERE WAS A HOME THERE BEFORE.
IT WAS A SMALL HOME, UH, AND WITH THAT SMALL HOME THERE, THEY HAD A LITTLE BIT OF A YARD.
UH, THEY HAD PETS AND, AND EVIDENTLY THEY, THEY REALIZED, UH, THAT IT WAS A SMALL LOT AND IT WAS A SMALL LOT STILL IS.
AND, UH, THE HOME NEEDS TO BE BUILT.
THERE IS A SMALL HOME, NOT A LARGE HOME.
THIS LOT IS WHAT IT IS, A SMALL LOT.
AND, AND I AM AGAINST BUILDING, UH, UH, A LARGE HOME THERE.
AND I DON'T WANT THIS, UH, UH, AMENDMENT CHANGED.
I DON'T WANT THE VARIANCE GRANTED.
AND MOST OF MY NEIGHBORS THAT I KNOW, I DON'T KNOW ANY NEIGHBORS WHO, UH, WANT IT CHANGED.
MY NEIGHBOR ACROSS THE STREET WHO'S 91 YEARS OLD HAS LIVED THERE FOR MANY YEARS AND SHE WAS GONNA COME, BUT COULDN'T.
SHE VEHEMENTLY OPPOSES IT AND SO DO I.
UH, I I WANT US TO MAKE THE NEIGHBORHOOD BETTER AND THE HOMES THAT NEED TO BE TORN DOWN IN NEW HOMES BUILT FINE.
BUT THIS PARTICULAR SITUATION, THIS HOME, THIS, UH, THIS LOT, IT'S A SMALL LOT.
AND WHEN THEY BOUGHT THE LOT, THEY SHOULD HAVE REALIZED THAT IT WAS AN EXTREMELY SMALL LOT.
IT IS WHAT IT IS, AND I DON'T WANT THE VARIANCE CHANGED.
UM, IS THE LOPPING USED AT ALL BY FOLKS IN THE NEIGHBORHOOD RIGHT NOW? LIKE IS IT A PARK OR, IT IS, IT IS NOT USED FOR ANYTHING.
IT'S A VACANT LOT AND I'D LOVE TO SEE SOMEONE BUILD THE HOUSE THERE.
ALL THE, WE HAVE SEVERAL VACANT LOTS IN OUR NEIGHBORHOOD NOW BECAUSE OF BAD SITUATIONS, BUT, UH, UH, THE VACANT LOTS WE HAVE, I THINK WE HAVE THREE.
I HOPE THAT PEOPLE BUILD HOMES THERE.
I WANT HOMES BUILT THERE THAT THE BUSINESSES THAT ARE BAD, TEAR 'EM DOWN, BUILD NEW BUSINESSES, LET'S MOVE FORWARD AND LET'S BUILD.
I'D LOVE TO SEE A HOME THERE, BUT WITHIN REASON THE LOT IS NOT BEING USED FOR ANYTHING RIGHT NOW.
UH, I HAVE NOT SEEN ANY ACTIVITY WHATSOEVER.
I'D LIKE TO SEE A HOME BUILT THERE WITHIN REASON.
OTHER QUESTIONS FROM PUTNAM, PLEASE? MR. UH, MR. PUTNAM? UH, HOW OFTEN IS, IS IS THAT VACANT LOT TAKEN CARE OF IN TERMS OF LIKE MOWING AND, AND TRASH PICKUP AND STUFF LIKE THAT? THE, THE, THE LOT ITSELF, UH, IS BEEN TAKEN CARE OF, UH, BY SOMEBODY, UH, I DON'T KNOW WHO IT IS, BUT RIGHT NOW THEY TAKE CARE OF IT QUITE WELL.
THEY MOW IT FROM TIME TO TIME.
UH, I DON'T KNOW WHO PICKS UP THE TRASH.
I DON'T SEE TRASH OVER THERE VERY OFTEN.
UH, THERE IS PEOPLE IN THE NEIGHBORHOOD, INCLUDING MYSELF, THAT GO AROUND PICKING UP TRASH SOMETIMES WHEN WE NEED TO.
I DO NOT KNOW WHO PICKS UP THE TRASH FROM THE NEIGHBORHOOD.
IF, IF THERE IS TRASH THERE, I DON'T KNOW WHO MOWS IT.
I ASSUME THE OWNERS HASN'T MOWED.
UH, BUT IT'S NOT, UH, AN EYESORE.
IT'S, IT'S, IT'S NOT OUT OF CONTROL.
THEY DO TAKE CARE OF IT AND MOW IT, BUT I DON'T EVER SEE ANYONE UP THERE, UH, WALKING THEIR DOGS OR HAVING A LITTLE PICNIC OR WHATEVER.
IT'S JUST A VACANT LOT AND THEY TAKE CARE OF IT WITHIN REASON.
MR.
[01:45:01]
OKAY.AND HAS IT BEEN SCRAPED OR VACANT THAT WHOLE TIME? YES.
SO THE, I MEAN, I DON'T EXPECT YOU TO KNOW, BUT WHEN THE LAST TIME THAT THAT PRO, UH, THAT HOME EXISTED ON THERE, DO WE KNOW WHY THAT HOME WAS TAKEN DOWN? THE PERSON WHO LIVED THERE PRIOR TO THE HOME BEING SCRAPED? UH, THAT PERSON PASSED AWAY.
AND WHEN HE DIED, THEN THE, UH, FAMILY, UH, THE EXECUTOR OF THEIR STATE, UH, WHEN THEY SOLD THE, THE LAND TO SOMEONE, AND THIS PERSON, UH, HAD THE LOTS, UH, SCRAPED.
UH, THE HOME THAT WAS THERE WAS NOT IN GOOD CONDITION.
THE HOME THAT WAS THERE WAS QUITE OLD.
I DON'T KNOW FOR SURE, BUT I THINK MAYBE THEY, THE PERSON WHO BOUGHT IT FELT LIKE IT COULD NOT BE REMODELED, SO THEY SCRAPED IT.
FOR THE OWNERS WHO OWN THE PROPERTY, IT IS A SMALL LOT, AN UNUSUAL, UH, TYPE OF LOT.
AND IN THE CONFIGURATION OF THE LOT IS, IT'S VERY SMALL, BUT IT IS WHAT IT IS.
AND WE DON'T WANT, I DON'T WANT THE, THE VARIATION.
UH, I DON'T WANT THERE TO BE A VARIATION OF THE DISTANCE OF THE, THE PLANNED BUILDING OF A HOME, FROM THE HOME TO THE SIDEWALK.
MOST OF MY NEIGHBORS FEEL THE WAY I DO.
WAS THAT PREVIOUS HOME ORIENTED TO MAPLE SPRINGS OR DENTON DRIVE OR DENTON? THE, THE FRONT OF THE HOME, UH, THE OLDER HOME, BUT THE PREVIOUS HOME, THE FRONT FACE DIDN'T.
I MEAN, YOU MIGHT NOT HAVE ANY RECOLLECTION OF THIS.
MY UNDERSTANDING IS ABOUT 15 YEARS AGO, THE HOMEOWNER GOT THE APPROVAL FOR THIS VARIANCE AND THEN JUST DIDN'T ACT THAT, WHICH IS WHY IT'S NOT CONTROLLING AND WHY THE APPLICANT'S HERE NOW.
DO YOU HAPPEN TO REMEMBER ANY DISCUSSION AROUND IT BACK THEN? I DO.
THERE WAS A LOT OF DISCUSSION.
A LOT OF PEOPLE TALKED ABOUT IT AND, AND I WAS ONE OF THE PEOPLE THAT SPOKE OUT AGGRESSIVELY AGAINST IT.
UH, YES, IT WAS A, A, A BIG, UH, DISCUSSION THAT TOOK PLACE AT THAT TIME.
THERE WAS A LOT OF DIFFERENT FOLKS THAT LIVED IN THAT GENERAL AREA AT THAT TIME, AND SOME OF THEM, UH, FELT, WELL, YOU KNOW, UH, MAYBE, MAYBE WE SHOULD, UH, LET HIM DO SO.
UH, BUT, UH, MANY DID NOT AGREE.
I DON'T KNOW ANYONE PERSONALLY AT THIS TIME THAT WANTED THIS TO HAPPEN.
THERE'S BEEN A LOT OF PEOPLE THAT HAVE MOVED IN THERE AND A LOT OF, A LOT OF NEW HOMES HAVE BEEN BUILT IN THAT AREA.
TWO NEW HOMES WITHIN PROBABLY 70 OR 80, UH, METERS AWAY.
UH, UH, A VERY SHORT DISTANCE FROM, FROM THIS LOT.
I'M SORRY THAT, THAT THEY'RE HAVING TO DEAL WITH IT, BUT I DON'T WANT A HOME BUILT THERE THAT THEY'RE TRYING TO BUILD.
IT'S TOO BIG, YOU KNOW, YOU COULD, YOU KNOW, YOU CAN ONLY PUT SO MUCH COFFEE IN THE CAN.
OTHER QUESTIONS FROM MR. PUTNAM? OH, HAVE I BEEN MISPRONOUNCING YOUR LAST NAME? I SINCERELY APOLOGIZE.
UM, THANK YOU SO MUCH FOR YOUR TIME.
WE'LL NOW MOVE TO ONE OF THE SPEAKERS ON THE LINE ABOUT THE FISH.
MR. LOGAN MONACO, CAN YOU PLEASE PROVIDE AUDIO AND VIDEO? HI THERE.
CAN YOU HEAR ME? YES, WE CAN HEAR YOU AND WE CAN SEE YOU.
SO YOU, I THINK, KNOW THE DRILL BY NOW.
YOU GAVE US THUMBS UP, SO GOOD.
WE'RE GONNA NEED A NAME AND ADDRESS AND THEN A PAUSE SO THAT, UH, MS. WILLIAMS CAN PAIR YOU WITH.
THEN IT LOOKS LIKE YOU'RE ALREADY ROCKING ALONG ON THE POWERPOINT SIDE, SO WE'LL LET YOU TAKE AFTER YOU'VE DONE THOSE THREE.
LOGAN MONACO, I LIVE AT 50 11 MAPLE SPRINGS BOULEVARD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
UH, A LOT OF WHAT I WAS GONNA SAY HAS SORT OF BEEN COVERED, SO I DON'T NEED TO BE A DEAD HORSE.
UM, IF WE COULD MOVE AHEAD TO SLIDE THREE HERE.
UH, YEAH, THIS ONE, SO I CREATED AN IMAGE, THIS IS, UH, FROM GOOGLE, I GUESS GOOGLE MAPS, HISTORICAL, WHATEVER, WHATEVER.
UH, THIS IS THE, UH, AN IMAGE OF THE PREVIOUSLY EXISTING HOUSE, UM, THAT WAS ON THIS LOT.
UH, IN MY OPINION, THIS IS A PERFECTLY, YOU KNOW, IT'S A, IT'S A NICE LOOKING HOUSE.
[01:50:01]
SITUATED WELL ON THE LOT.JUST WANTED TO SHARE THIS BECAUSE IT'S COME UP A FEW TIMES IN DISCUSSION.
UM, SO YOU CAN SEE IT WAS ORIENTED ALONG DENTON.
IT'S A, FROM AS FAR AS I CAN TELL, IT'S SINGLE FAMILY OR SINGLE STORY.
BUT, UM, HEARD EARLIER FROM, UH, MR. GOMEZ THAT MAYBE IT HAD A, AN, UH, A TWO STORY ADDITION IN THE BACK.
UM, SO YEAH, FULLY FUNCTIONAL SINGLE FAMILY HOME STOOD HERE FOR DECADES AND CAN IN THE FUTURE.
AND SO THE SITE CAN ACCOMMODATE, UH, A SIMILAR, UM, YOU KNOW, UH, DESIGN.
WHAT THE SITE OBVIOUSLY DOESN'T ACCOMMODATE AND THE EVIDENCE DOES NOT SHOW, UM, IS THAT THE SITE CAN, UH, CAN'T BE RESPONSIBLY, DEVEL, UH, DEVELOPED.
WHAT IT SHOWS IS THAT THE PROPOSED DESIGN CANNOT BE DEVELOPED ON THIS SITE.
ABSOLUTELY FULLY CONCEDE THAT IT IS AN ODD SHAPED LOT.
I MYSELF LIVE, UH, FOUR BLOCKS AWAY IN A CORNER SHAPED LOT AS WELL.
UM, SO I UNDERSTAND ALL OF THE SORT OF NUANCE AND, AND SORT OF RESTRICTIONS THAT GO ALONG WITH THAT.
UM, I WOULD CONTEST SOMETHING THAT WAS SAID EARLIER THAT, UM, A, THAT THE ONLY HOUSE THAT COULD BE BUILT ON THIS LOT IS A TINY HOME.
THAT IS OBVIOUSLY NOT CLEAR OR NOT, UH, TRUE HERE.
THE AVERAGE SQUARE FOOTAGE OF HOMES IN OUR NEIGHBORHOOD IS APPROXIMATELY 1800 SQUARE FEET.
UM, WHEN YOU INCLUDE SOME OF THE, THERE HAVE BEEN A COUPLE HOMES THAT HAVE BEEN RECENTLY DEVELOPED.
UM, THAT NUMBER GOES UP A LITTLE BIT, BUT, UM, THE HISTORICAL HOMES, UH, WHICH MR. GOMEZ WAS, UM, UH, REFERENCING ARE ALL ALONG THESE LINES AROUND 1800 SQUARE FEET.
SO, UM, ANOTHER POINT I WANTED TO BRING UP IS THAT THERE IS CURRENTLY DISCUSSION UNDERWAY, UH, TO HAVE THIS NEIGHBORHOOD TAGGED AS A CONSERVATION DISTRICT.
UM, WE HAVE A NEWLY FORMED NEIGHBORHOOD ASSOCIATION WITHIN THE LAST YEAR THAT NEIGHBORHOOD ASSOCIATION, UM, HAS BEEN S SUPREMELY ACTIVE IN, IN TRYING TO, UH, CLEAN UP THE NEIGHBORHOOD, UM, YOU KNOW, OFFER COMMUNITY SERVICES, UH, ET CETERA.
UM, AND WE ARE PURSUING A CONSERVATION DISTRICT DESIGNATION.
UM, SO THAT'S ABSOLUTELY UNDERWAY RIGHT NOW.
UM, AND, YOU KNOW, LOOK, I GUESS LET ME DIRECT Y'ALL TO SLIDE FIVE IF WE COULD, UM, BEFORE, UH, YEAH.
SO THIS ONE, RIGHT? SO BEFORE I END, I JUST WILL SAY, UM, YOU KNOW, MY CONCERN ISN'T THAT A HOUSE, A NEW HOUSE BEING BUILT HERE, RIGHT? LIKE, THAT'S FINE, BUT LET'S PRESERVE THE NEIGHBORHOOD.
LET'S STAND BY THE PROTECTIONS INTENDED TO PRESERVE THE NEIGHBORHOOD.
UM, INSTEAD OF LOOKING AT THOSE AS OBSTACLES TO BE REMOVED, UM, THEY SHOULD BE STANDARDS TO BE RESPECTED INSTEAD.
UM, MY MAIN CONCERNS ARE STEWARDSHIP OF THIS PENDING CONSERVATION AREA, FAIRNESS AND CONSISTENCY.
UM, CORNER LOTS AROUND HERE DON'T HAVE SUCH EXTREME VARIANCES.
UM, THIS IS NOT A TRUE HARDSHIP, THIS IS A PREFERRED DESIGN.
UM, THE, THE LOT SHAPE AND SIZE AND, AND SORT OF RESTRICTIONS WERE KNOWN WHEN THE DEVELOPER BOUGHT THIS LOT.
UM, AND BY THE WAY, I WILL NOTE THAT THIS IS AN EXPERIENCED DEVELOPER.
THIS IS NOT A FIRST TIME HOME HOMEOWNER.
THE GUY DIDN'T INHERIT THIS LOT.
HE BOUGHT IT KNOWING WHAT HE WAS BUYING.
UM, AND FINALLY THE SORT OF THE PHYSICALITY OF THE, OF THE VARIANCE WOULD BE A PHYSICAL ENCROACHMENT ON NEIGHBORS ON A HIGHLY PEDESTRIAN STREET, UM, YOU KNOW, UH, INFLUENCE, OPENNESS STANDARD THAT WE WHO BOUGHT HOUSES IN THIS NEIGHBORHOOD REALLY ENJOYED.
SO, UM, THE LAST SLIDE IS REALLY JUST KIND OF IN SUMMARY.
UM, I, I PROPOSE THAT YOU DENY THE VARIANCE AND, UM, IT'S KIND OF ALL THANK YOU.
UM, SO FOR THIS SLIDE IN PARTICULAR, THERE'S A CONCERN ABOUT THE, THEM USING KIND OF THE MAPLE SPRINGS ROAD AS A SIDE YARD AND SORT OF COMING CLOSER TO THAT SORT OF SIDEWALK FROM YOUR PERSPECTIVE.
AS FAR AS THE, AS FAR AS THE, THE, THAT'S THE ASK AND THE VARIANCE.
UM, AND THE OTHER HOMES ARE ALL FACING MAPLE.
AND SO FOR THEM, THAT'S THEIR, THEIR ONE FRONT YARD, RIGHT? YEAH.
UM, SO THIS IS, UH, FACING DENTON DRIVE, RIGHT? WITH THE SIDE YARD BEING ON MAPLE SPRINGS.
UM, THAT'S WHERE THE VARIANCE IS BEING REQUESTED.
THAT WOULD OBVIOUSLY BE A, A DIVERGENCE FROM ALL THE OTHER HOUSES ON ALONG MAPLE SPRINGS, BUT ALSO THE HOUSES THAT ARE USING MAPLE SPRINGS AS A FRONTAGE, UM, LIKE ON, UH, STREET STONLY.
[01:55:01]
DON'T HAVE EXTREME VARIANCES LIKE THIS.THEY'RE SET BACK FROM THOSE STREETS AS WELL.
SO THEY RESPECT THE VARIANCES LIKE WE ALL ARE ASKED TO.
I MEAN, UM, AM I WRONG THAT THE LOT PADDY CORNER TO THE SUBJECT PROPERTY ON DENTON AND MAPLE SPRINGS DRIVE IS UNDEVELOPED, OR IS THAT IT'S AERIAL MAP IT'S AT THAT IS UNDEVELOPED, BUT IS IN DEVELOPMENT? UM, I HAVE, I KNOW THE PROPERTY OWNER, UM, HE'S WORKING WITH THE CITY TO RESOLVE SOME WATER DRAINAGE ISSUES BEFORE HE CAN BEGIN DEVELOPMENT.
SO THAT'S BEEN PENDING FOR QUITE SOME TIME.
UM, I THINK, UH, SOME OTHER PANELISTS MAY HAVE QUESTIONS FOR, AND LET, BUT I DON'T WANNA COMPLETELY CUT YOU OFF.
I IMAGINE THIS SEEMED LIKE A SUMMARY SLIDE THAT YOU WERE INCLUDING WITH YOUR PRESENTATION.
UM, THE SUMMARY SLIDE WOULD BE THE LAST SLIDE, WHICH IS SLIDE SIX, BUT, UM, YEAH, IT'S ALL THE SAME.
I'VE, I'VE MADE MY PARENTS, I'M HAPPY TO ANSWER QUESTIONS.
UM, CAN YOU GO BACK TO THE, THE ORIGINAL HOMES THAT YOU PULLED FROM GOOGLE STREET VIEW? THE ORIGINAL? YEAH, THAT'S SLIDE SLIDE THREE.
CAN YOU GO BACK? ARE YOU ABLE TO YEAH, I'M NOT DRIVING.
WAS THAT HOUSE, UM, IN COMPLIANCE WITH, DO YOU KNOW, DO YOU KNOW IF THAT HOUSE WAS IN COMPLIANCE WITH THE 20 FOOT SETBACK ON THE SIDE YARD? YOU DON'T KNOW.
IT COULD HAVE BEEN, IT COULD HAVE BEEN NOT IN COMPLIANCE AND CLOSE TO THE ROAD REACHING THAT I, OKAY.
ANY PRECEDENT WOULD BE SORT OF, Y'ALL WOULD KNOW BETTER THAN ME, BUT ALL I CAN TELL YOU IS, UM, THAT THERE WAS A HOUSE THAT, THAT EXISTED ON THIS PROPERTY PRIOR AND SEEMED TO, UM, COMPLY.
I, I'M LOOKING AT IT, IT KINDA LOOKS LIKE IT'S SET BACK FAR ENOUGH THAT IT PROBABLY WAS NOT IN COMPLIANCE WITH THE 20 FOOT, UH, SETBACK TO THE SIDE JOB.
YEAH, I'M SORRY I DON'T HAVE THAT INFORMATION IN FRONT OF ME.
ARE THERE OTHER QUESTIONS FOR MS.
WE DID HAVE THE OPPORTUNITY TO REVIEW, UM, I THINK THE THREE OF THEM THAT YOU HAD SUBMITTED, I
SO, UH, I APPRECIATE YOU TAKING THE TIME AND, UM, EXPRESSING YOUR THOUGHTS ON THIS PARTICULAR, YEAH, THANK YOU FOR THE TIME.
MS. WILLIAMS, IF I'M COUNTING CORRECTLY, I THINK WE HAVE ONE MORE SPEAKER ONLINE.
MS. TERESA LAC, IF YOU CAN PLEASE PROVIDE VIDEO AND AUDIO.
MS. LAC, WE SAW YOU FOR A SECOND.
I, I HAD SEEN YOU ON A WEBEX, MS. LAC, CAN YOU PLEASE PROVIDE AUDIO AND VIDEO IN ALL THOSE FORMS? IN LIGHT OF THAT, I THINK WE ARE GOING TO SAY SPEAKERS IN OPPOSITION HAVE BEEN HEARD, AND I'LL CALL BACK UP THE APPLICANT TO BE ABLE TO OFFER REBUTTAL.
UH, WELL FIRST OF ALL, I'D LIKE TO, UH, ADDRESS A LITTLE BIT OF, OF THE NEIGHBORS THAT SHOWED UP TODAY AND THAT, YOU KNOW, GAVE THEIR TIME FOR, TO EXPRESS THEIR CONCERNS.
UH, I, I DO BELIEVE THAT THERE IS A MISUNDERSTANDING A LOT IN WHAT WE'RE ASKING FOR WITHIN WHAT THE NEIGHBORS ARE UNDERSTANDING.
UM, WE ARE, YOU KNOW, WE, WE DO NOT, UM, INTEND TO CREATE A RUNOFF WATER ISSUE.
UH, OUR CLIENT, HE ALWAYS DOES ENGINEERING WHEN WE, UH, YOU KNOW, APPLY PERMITS FOR HIM, UH, PARKING, WE'RE GONNA PROVIDE THE REQUIRE PARKING PER CODE, SPECIFICALLY A A TWO CAR GARAGE, WHICH IS, YOU KNOW, MOST PEOPLE, YOU KNOW, HAVE TWO CARS IN, IN A TYPICAL HOME TO NOT CREATE THAT PARKING ISSUE THAT SOME OF THE NEIGHBORS SEEM TO HAVE CONCERN OVER.
UM, THIS IS NOT GOING TO BE A MULTIFAMILY HOME.
IT'S GOING TO BE A SINGLE FAMILY HOME.
[02:00:01]
AND, UM, JUST TO REITERATE A LITTLE BIT, UM, I, I KNOW THEY MENTIONED A LITTLE BIT OF WHAT THAT HOUSE USED TO LOOK LIKE, THAT IT HAD A BACKYARD, A SMALL BACKYARD.THAT IS WHAT WE WILL INTEND TO HAVE BECAUSE WE ARE, THERE'S NO MORE ROOM FOR, FOR A BIG YARD.
UH, WE'RE GONNA MEET THE, THE FRONT YARD SETBACK.
IT'S GONNA BE, UM, THAT CONTINUATION FROM THAT DENTON STREET.
IT'S GONNA MATCH THE OTHER NEIGHBORS ON THAT STREET.
UM, ANOTHER THING THAT I THINK IT'S VERY IMPORTANT THAT THE NEIGHBORS UNDERSTAND IS THAT, UH, THE LOT COVERAGE ONLY APPLIES TO THE BOTTOM LEVEL.
SO WHEN YOU HAVE, FOR EXAMPLE, OUR 7.5, WHICH IS 45% OF THE LOT IS WHAT YOU CAN COVER, IT DOES NOT INCLUDE THE TOP PORTION.
JUST TO PUT IT IN A SIMPLE TERM, UH, TERM IN THIS REGARDS, THE, THE LOT, YOU KNOW, BEING 7,840, UH, OUR CLIENT INTENDS TO HAVE A HOUSE THAT MEASURES 2,750, WHICH PUTS US AT A 35% LOT COVERAGE.
UM, IT, IT WAS MENTIONED BEFORE, I, I THINK I LEARNED A, A LITTLE BIT ABOUT THE, UH, THE OLDER HOUSE THAT USED TO BE THERE AS WELL.
THAT THERE USED TO BE A TWO STORY, WHICH IS WHAT WE INTEND TO BRING BACK.
AND, UM, I COURSE OUR CLIENT KNEW THAT THIS HAD A DOUBLE FRONTAGE.
AND I THINK IF, IF I MAY SPECULATE, UH, THE REASON WHY MAYBE NOBODY'S BUILT IN A LONG TIME, IT'S BECAUSE I DON'T THINK ANYBODY WOULD BUILD, UM, A SMALLER HOME, RIGHT? I DON'T WANNA PUT TINY HOME, I GUESS I, I I, RIGHT.
IT'S SUBJECTIVE, I UNDERSTAND THAT.
BUT LIKE, I, LIKE I MENTIONED, WHEN, WHEN WE DID OUR, UM, SCHEMATIC TO DRAW THAT 25 LINE, THAT 25 LINE IN THE FRONT, IT REALLY ATE UP A LOT OF OF THE HOUSE TO BE ABLE TO HAVE, YOU KNOW, THREE BEDROOMS, FOUR BEDROOMS WITH A TWO CAR GARAGE.
UM, THE, THE OWNER IS OKAY WITH HAVING ALMOST NO BACKYARD.
SO WE KNOW THAT THERE'S, THERE HAS TO BE A GIVE AND TAKE.
ADDITIONALLY, ANY CONCERNS ABOUT THE TRAFFIC? UM, WE'RE MEETING THE 45, UH, VISIBILITY TRIANGLE.
SO IN REGARDS TO OF SAFETY, WE DID THINK ABOUT THOSE THINGS AND, AND WE DO CHECK OFF, YOU KNOW, UM, ALL OF THAT, THE PARKING, UH, THE VISIBILITY TRIANGLES, THE SIDEWALK'S GONNA BE AVAILABLE IN ALL CORNERS OF THE LOT.
UM, AND IF I MAY SAY IT BECAUSE OF THE BLOCK CONTINUITY, RIGHT? SO IT'S CIRCUMSTANTIAL.
IF THE NEIGHBOR BEHIND THIS LOT WAS FACING THE OTHER STREET AND NOT MAPLE SPRINGS, WE WOULD NOT BE HERE.
SO, UM, TO NAME AGAIN, THERE IS OTHER NEIGHBORS, UH, 29, 27, 29, 19 29 0 1, 28 19 AND 28 0 3 MAPLE SPRINGS.
WE ARE NOT ASKING FOR SOMETHING FOR THE FIRST TIME.
IT SEEMS TO BE COHESIVE THAT ALL THESE NEIGHBORS ARE NOT MEETING THEIR BLOCK CONTINUITY, CONTINUITY.
SO WE'RE JUST ASKING FOR SOMETHING THAT'S ALREADY THERE THAT OTHER PEOPLE SEEM TO HAVE THAT BENEFIT.
UM, TO ADD IN REGARDS OF THAT QUESTION, UM, THAT MS. MS. PEREZ HAD HAD, UH, I, FROM WHAT I SEE ON GOOGLE, I DON'T THINK THAT HOUSE MET THE 25.
UM, I THINK IT WAS ENCROACHING.
IT SEEMS LIKE THE OTHER HOMES THAT ARE OLDER THAT HAVE BEEN THERE FOR A LONG TIME THAT ARE ALSO NOT MEETING THAT BLOCK CONTINUITY, THEY DON'T LOOK LIKE NEW HOMES, RIGHT? SO, UH, I I THINK IF WE WERE TO BE GRANTED THIS, UH, A HOME THAT MEETS HIGH, THAT MEETS LAW COVERAGE, UM, THAT IS COHESIVE WITH, WITH, WITH THE NEIGHBORS, UM, I, I, JUST SPEAKING ON BEHALF OF MY CLIENT, HE LOOKS AT THE NEIGHBOR AND HE WANTS TO MATCH THE NEIGHBOR.
AND, AND I KNOW THERE'S NO ARCHITECTURAL DESIGN STANDARDS THAT ARE BEING ENFORCED, BUT JUST TO WORK WITH THE NEIGHBORS, UH, WE COULD DEFINITELY, UM, TAKE THAT INTO CONSIDERATION IF I MAY.
I DOBEL THINK IT'S A BEAUTIFUL NEIGHBORHOOD, BUT IT IS VERY DIFFERENT AND I THINK I LIKE THAT ABOUT THE NEIGHBORHOOD.
UH, WE SAW SOME MID-CENTURY BEAUTIFUL HOMES.
WE SAW SOME NEWER MODERN HOMES.
UH, WE SAW SOME OLDER, UH, YOU KNOW, BRICK HOMES WITH A MAYBE FOUR PITCH ROOF.
SO I DID SEE SEVERAL TYPES OF HOME DESIGNS, UH, IN ORDER TO JUST HAVE LIKE, THIS IS WHAT, THIS IS ONE DESIGN WE HAVE ALL ACROSS THE BOARD.
WE COULD TRY TO MATCH, I GUESS, IN THAT WAY.
UM, BUT I DO THINK THERE'S A LOT OF DIFFERENCES AS
[02:05:01]
WELL.LEMME KNOW IF YOU HAVE ANY QUESTIONS.
MS. ANAYA, DID YOUR CLIENT SELECT THIS SITE OR IS THIS BEING BUILT ON SPEC? SO HE, HE BOUGHT THIS LAND, UH, BEFORE HE BUYS ANYTHING, HE DOES RESEARCH AND BECOMES AWARE OF WHAT THE HARDSHIPS ARE.
UM, HE OBVIOUSLY KNEW THAT HE WAS GONNA HAVE TO GO THROUGH THIS PROCESS AND JUST KIND OF PLAY THE LOTTERY IN A WAY, RIGHT? SEE IF WE COULD BE GRANTED THIS, THE NEIGHBORHOOD IS, IS BEAUTIFUL.
UM, HE KNOWS THAT IF HE COULD BUILD THIS HOME, UM, OF COURSE, UH, I'M SURE REAL ESTATE AGENTS ARE GOING TO HAVE TO SHOW THAT SMALL BACKYARD AND MIGHT NOT APPEAL EVERYBODY.
BUT, UH, HE BUILDS A VERY GOOD HOMES.
AND LIKE I SAID, THE NEIGHBORHOOD IS A GOOD NEIGHBORHOOD.
SO THAT WOULD BE SOME GOOD SELLING POINTS FOR HIM.
OKAY, SO THE LOT COVERAGE YOU SAID WOULD BE 2,750, RIGHT? THE LOT COVERAGE WOULD BE 35% OF THE LOT AND IT WOULD BE 2,750.
SO THAT DOUBLE WOULD BE A 5,500 SQUARE FOOT HOME.
I'M SORRY IF, IF YOU BUILD A SECOND STORY, THAT WOULD BE A 5,500 SQUARE FOOT HOME.
SO I WANT THE NEIGHBORS TO UNDERSTAND IT'S A 5,500 SQUARE FOOT HOME.
IS IT GONNA BE HIP GABLE OR IS IT GONNA BE A FLAT ROOF OR SHED ROOF? UM, I HONESTLY, I JUST WENT BLANKED ON THE DESIGN OF WHAT IT LOOKS LIKE.
BUT IT DOES HAVE A, A MODERN, UH, LOOK TO IT.
THAT THERE ACTUALLY SHE HAS ONE RIGHT THERE.
MS. PEREZ, REMEMBER WHEN YOU BUILD UP FOR A TWO STORY, EVERYTHING DOESN'T HAVE TO BE EXACTLY UP.
SO YOU'RE JUST TAKING THAT NUMBER AND DOUBLING THAT MAY BE THE MAX.
YEAH, THAT'S, THAT'S, IT DOESN'T HAVE TO BE A 5,500 SQUARE FOOT HOUSE BECAUSE THEY HAVE A TOTAL SQUARE FOOTAGE THAT THEY'VE ALREADY PROVIDED AS TO WHAT THE SQUARE FOOTAGE OF THE HOUSE IS.
THE FIRST LEVEL IS THE 27 50 OR WHATEVER IT IS.
THAT'S HOW YOU GET THE LOCK COVERAGE.
OKAY? SO WHEN YOU HAVE PEOPLE THAT ARE SAYING LIKE YOU GOT A 4,000 SQUARE FOOT HOUSE, THEY TAKE THAT NUMBER APPLIED TO THE OVERALL, AND THAT'S HOW THEY'RE COMING UP WITH THE LOT COVERAGE.
LOT COVERAGE IS ONLY THE FIRST LEVEL.
BUT WHEN WE SAY A 5,500 SQUARE FOOT HOUSE, WE'RE NOW LEADING THE NEIGHBORHOOD DOWN A DIFFERENT ROAD TO THINK THAT IT'S A MUCH BIGGER HOUSE THAN THEY'RE ACTUALLY APPLYING FOR.
IT WOULD BE A MAXIMUM OF THAT.
BUT THEY'RE NOT, THEY'RE NOT GOING FOR THAT.
THEY'RE ONLY GOING FOR A 4,000 SOMETHING SQUARE.
THEY'RE ONLY GOING FOR A 4,000 SQUARE FOOT.
WE ARE OBVIOUSLY NOT EXCEEDING THE HEIGHT.
UH, WE'RE GONNA MEET ALL OTHER REGULATIONS FOR THAT ZONING.
AND OF COURSE, JUST AS A REMINDER FOR THE PANEL, THE ONLY ITEM BEFORE US IS ABOUT THE VARIANCE TO THE SETBACK ON MAPLE SPRING THREAD, WHICH IS BECAUSE OF THE BLOCK CONTINUITY, RIGHT.
UH, THANK YOU FOR THE REDIRECTION, SIR.
PLEASE ENCOURAGE YOUR BUILDER TO LISTEN TO THE NEIGHBORS OKAY.
ANY OTHER QUESTIONS FOR THE APPLICANT? SEEING NONE, I THINK YOU CAN GRAB A SEAT.
DO I HAVE A MOTION? THANK YOU.
THANK YOU ALL FOR YOUR TIME, MR. VICE CHAIRMAN.
UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A DASH 26 DASH 0 0 0 0 5 2 ON APPLICATION OF, UH, JOJO ANAYA GRANT, THE 20 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF 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.
I THINK, UH, IS CLEARLY OBVIOUS THAT THIS LOT IS RESTRICTIVE IN SIZING SHAPE.
COUPLE THAT WITH A CORNER LOT.
UM, THE PLAN BEFORE US BOTH BY THE APPLICANT IS, UH, IT IS REALLY IMPRESSIVE CONSIDERING WHAT ALL THE RESTRICTIONS THAT THEY HAD, UH, TO TAKE INTO CONSIDERATION.
WE HAVE ONE, UH, REQUEST BEFORE US, AND THAT IS A, UH, 20 FOOT VARIANCE TO THE FRONT YARD SETBACK.
I'M IMPRESSED JUST THAT THAT'S THE ONLY REQUEST THAT WE HAVE BEFORE US.
[02:10:01]
YOU KNOW, THE NEIGHBORS, OBVIOUSLY THEY DO HAVE OPPOSITION.A LOT OF THEM ARE, UM, OPPOSED BECAUSE OF THE AESTHETIC OF THE NEIGHBORHOOD.
IT'S A HUNDRED YEAR HISTORIC NEIGHBORHOOD.
UM, I DO WANNA REMIND THAT THIS ISSUE WAS, UM, APPROVED.
THIS WAS APPROVED 15 YEARS AGO.
AND, UM, WHY, YOU KNOW, I'M, I'M GLAD TO SEE THAT THE WHEELS ARE MOVING THAT THIS, TO HAVE THIS AS A CON CONSERVATION DISTRICT ABSOLUTELY.
UM, I'M SURPRISED IT DIDN'T, THE WHEELS DIDN'T START MOVING BACK THEN.
IT'S, THEY'RE NOT BEING USED FOR ANYTHING AT THE MOMENT.
AND ALL THE NEIGHBORS SAY THAT THEY WANNA SEE SOMETHING THERE AND, YOU KNOW, THEY DO SAY, I DON'T WANNA SEE THIS THERE.
UM, BUT AT WHAT POINT WILL THE NEIGHBORS BE HAPPY, YOU KNOW, WITH THIS LOT IN THEIR NEIGHBORHOOD BEING BUILT A CERTAIN WAY, UM, THE, THE HOME IS NOT A DUMP.
UH, I THINK IT'LL ADD VALUE TO THE NEIGHBORHOOD AND, YOU KNOW, WE CAN DIVERSIFY OUR HOMES IN, IN, YOU KNOW, HISTORIC NEIGHBORHOODS.
OF COURSE, CONSERVATION DISTRICT, UM, YOU KNOW, GET THE WHEELS TURNING IN THAT, MOVING IN THAT DIRECTION WOULD BE EXCELLENT SO THAT YOUR EFFORTS TO PRESERVE THE INTEGRITY, THE, THE AESTHETIC OF THE NEIGHBORHOOD CAN BE, CAN BE PRESERVED.
UM, I AM 100% IN AGREEMENT WITH THAT.
JUST, I, I JUST AGREE THAT WITH THE APPLICANT THAT YOU KNOW THAT THIS IS A RESTRICTIVE LOT AND, UM, THEY HAVE MADE QUANTUM LEAPS TO ONLY BRING ONE REQUEST BEFORE US TODAY THAT WAS APPROVED 15 YEARS AGO.
UH, SO THAT IS WHY I PROPOSED THE MOTION TONIGHT.
UM, I'M ALSO IN FAVOR OF THE MOTION.
I THINK AGAIN, REIR, WHAT WE'RE TALKING ABOUT IS PURELY THE MAPLE SPRING CENTER.
UM, NOT ON THE HEIGHT, NOT ON THE LOT COVERAGE, NOTHING THAT A LOT IS IRREGULARLY ISSUED.
UM, IT IS THERE NO FAULT OF THE APPLICANT.
THERE IS, UH, THAT THE HARDSHIP IS NOT SELF-CREATED OR PERSONAL.
IT'S TWO FRONT YARD SETBACKS THAT APPLY TO REDUCE IT TO MRS. MILLER'S WORDS OF, OF THE BOLD LAW.
UM, BECAUSE OF THAT, THAT IS THE PART OF THE PURPOSE OF THIS BOARD IS COMPENSATED FOR THE
UM, OBVIOUSLY A LOT OF PEOPLE ARE DISAPPOINTED IN THE POSSIBLE DISRUPTION OR GROWTH OF PUTTING A HOUSE IN.
I HEARD CONCERNS ABOUT, UM, WORKING, I HEARD CONCERNS ABOUT A LOCAL FAMILY.
I HEARD CONCERNS ABOUT, UM, JUST THE GENERAL NATURE OF MAKEUP OF THE NEIGHBORHOOD.
I DIDN'T REALLY HEAR ANYTHING THAT PERTAINED TO THE SPECIFIC SETBACK ITSELF.
UM, WHICH AGAIN, IS APPLICABLE BECAUSE THIS ONE HAS A TOOTH AND I APPRECIATE THAT THE APPLICANT IS ATTEMPTING TO COMPLY WITH THE, OR IS THE FRONT YARD ON DECK.
UM, I'M ALSO, EVEN THOUGH NO CASE SETS A PRECEDENT, SOMEWHAT PERSUADED BY THE FACT THAT 15 YEARS AGO, UH, A PANEL GRANTED THIS REALLY THERE IN RESPECT OF RECOGNIZED, I THINK JUST SO I'M GONNA BE VOTING IN FAVOR OF THAT, UM, DEFENDANT.
IT'S NOT COMFORT, PUBLIC INTEREST OF THIS PARTICULAR.
WOULD ANYONE ELSE LIKE TO SPEAK TO THIS? SEEING NONE, I WILL GO AHEAD AND ASK MS. LAND ALL VOTE.
MOTION TO GRANT PASSES FOR THE ONE.
UM, BEFORE WE PROCEED WITH OUR NEXT CASE, WHICH WILL BE BO A 2 6 0 0 0 0 5 9 AT 37 41
I'M GONNA CALL A SHORT RECESS.
THE TIME IS CURRENTLY THREE 15.
I WILL ASK THAT WE COMMENCE AT 3:20 PM THANK YOU.
UH, MR. SINGTON, JUST CONFIRMING I HAVE YOU BACK BEFORE I GET US BACK ON THE RECORD.
[02:15:01]
PERFECT.UH, THE TIME IS CURRENTLY 3 24 AND THE PANEL C UM, SHALL PROCEED.
WE ARE ON BOA 2 6 0 0 0 0 5 9 37 41 16 DRIVE, WHICH HAS TWO REQUESTS.
ONE IN RESPECT OF, UH, A SPECIAL EXCEPTION TO DEFENSE TYPE REQUIREMENTS, AS WELL AS, UH, REQUEST IN RESPECT OF THE 45 FOOT VISIBILITY TRYING, UM, DO I HAVE THE APPLE? YES.
UH, YOU KNOW THE DRILL SINCE SHE'S ALREADY BEEN SWORN IN ONCE TODAY.
MUST SHE AGAIN FOR THIS MATTER? NO, WE'RE GOOD.
SO YOU MAY JUST BRIEFLY REINTRODUCE YOURSELF AND THEN PROCEED.
MY NAME IS HOVE ANAYA AND, UM, WE ARE HERE ASKING FOR THIS, UM, EXCEPTION, OR I'M SORRY, VARIANCE.
UH, BECAUSE THE SLOT HAS TWO FRONT, UH, SETBACKS.
IT'S, UM, AND, AND THEREFORE THE, THE FENCE ON THE EAST SIDE OF THE PROPERTY, UH, HAS CURRENTLY A FOUR FOOT FENCE THAT THEY WOULD LIKE TO GO UP TO SIX.
I DID PROVIDE A, UH, SLIDE HERE.
IF YOU LOOK AT THE PICTURES ON THE SCREEN, UM, THE PICTURE ON THE RIGHT IS WHAT IS CURRENTLY THERE.
IT'S ACTUALLY PROBABLY FINISHED AT THIS POINT, BUT IT HAS, UM, YOU KNOW, THOSE, UH, I WOULD CALL 'EM LIKE BLACK PLANKS, UH, THAT ARE, I WOULD SAY 50% VISIBILITY OR OPACITY.
AND IT JUST GOES ALL ACROSS THE, THE SIDE, UM, NEXT IN FRONT OF THE HOUSE.
SO IT'S STILL CONSIDERED THE SIDE, UM, FACING INE AND THEN OBVIOUSLY ON THE SIDE OF JUNIPER DRIVE.
AND WE ARE ASKING FOR TWO ITEMS AT FIRST.
IF YOU LOOK AT THE SITE PLAN, I THINK IT'S THE FIRST PAGE.
MS. WILLIAMS. OH, THE SECOND PAGE.
I DON'T KNOW IF YOU'RE ABLE TO, UM, ZOOM INTO THE VISIBILITY TRIANGLE.
IT SHOWS AN ENCROACHMENT OF THE, IT WOULD BE AN ENCROACHMENT, UH, IF WE GO UP TO SIX INTO THE VISIBILITY TRIANGLE OF THREE FEET.
AND THE SECOND ITEM WOULD BE BEING ALLOWED TO GO UP TO, UH, SIX FEET ON THE SIDE YARD.
LEMME KNOW IF YOU HAVE ANY QUESTIONS.
SO, ON THE FENCE, WE JUST SAW THE TWO PICTURES.
ONE WAS A RENDERING ON THE LEFT.
AND ONE WAS A PICTURE ON THE RIGHT, BUT THAT WAS THE ONE ON THE RIGHT.
IS THE ACTUAL HOW THE SLATS WILL LOOK? IT'LL JUST BE A LITTLE BIT HIGHER.
AND THEN THE FRONT CUTOFF IS JUST THAT ENCROACHMENT ON THAT VERY BIG CORNER.
SO IF WE COULD SOMEHOW, IS IT POSSIBLE MS. WILLIAMS TO TRY TO ZOOM IN MAYBE A 200% ON THAT? IT'S ACTUALLY MR. THOMPSON.
OH, MR. THOMPSON, WOULD YOU MIND TERRIBLY, I REALIZE THAT YOU DID A NICE JOB DURING THE BRIEFING OF HAVING A ALL COLOR FILTERED FOR US
UM, QUESTIONS FOR THE APPLICANT ON EITHER OF THESE? BRETT, PLEASE.
HOW COME, UH, YOUR CLIENT IS WANTING TO, MY, MY ISSUES WITH THE, WITH THE CORNER WITH THE VISIBILITY TRIANGLE? 'CAUSE IT'S A SAFETY ISSUE FOR EVERYONE ELSE WHO LIVES IN THAT NEIGHBORHOOD.
YOU KNOW, I, IT, IT'S HARD FOR ME TO SUPPORT SOMETHING LIKE THAT.
SO IS IT POSSIBLE FOR HIM TO SIMPLY, YOU KNOW, ELIMINATE THAT CORNER SO THAT THERE'S VISIBILITY? I AGREE WITH YOU ON THIS ONE.
UH, OUR CLIENT WAS INSISTENT THAT HE WANTED TO COME, UH, BEFORE THE PANEL AND SEE IF IT COULD BE GRANTED.
IF I MAY ADD, UM, BECAUSE THAT'S OBVIOUSLY A CONCERN.
UH, THE, UH, SAFETY THERE IS, THERE'S NO STOP SIGN.
BUT THE FACT THAT THE FENCE WOULD HAVE 50% VISIBILITY, UH, EVEN IF YOU'RE DRIVING, LET'S SAY YOU'RE DRIVING DOWN, UH, FROM NORTH ON JUNIPER, COMING DOWN ON SEIN, BEFORE YOU EVEN REACH THE VISIBILITY TRIANGLE, YOU CAN KIND OF SEE ALREADY THROUGH THE GAPS OF THE FENCE, UH, OF THE OTHER STREET.
SO THE, IF, IF IT WAS A SOLID FENCE AND THERE WOULD OBVIOUSLY NO VISIBILITY BEFORE REACHING THE VISIBILITY TRIANGLE, BUT WITH NO STOP SIGN,
[02:20:01]
PEOPLE ARE JUST GONNA GO THROUGH.SO THEY'RE NOT EVEN REALLY GONNA LOOK.
I MEAN, THINK ABOUT WHEN, WHEN YOU GO DOWN, IF YOU KNOW YOU DON'T HAVE A STOP SIGN, YOU'RE NOT LOOKING ON THE SIDES.
IT'S GONNA BE HARD FOR ME TO SUPPORT THAT VISIBILITY TRIANGLE.
I, I, IT'S, IT'S SAFETY, IT'S KIDS ON BIKES, UH, PEOPLE WITH DISABILITIES AND THEY'RE SCOOTERS.
THANK YOU FOR YOUR THOUGHT MS. GARNER.
AND TO YOUR POINT, I'M BIG ON VISIBILITY TRIANGLES.
I THINK, UM, WHAT HELPS YOUR CASE IS THE OPACITY OF THE FENCE.
IT'S WR IRON, YOU CAN SEE RIGHT THROUGH IT.
I THINK IF SOMEONE'S NOT GONNA LOOK, THEY, I DON'T KNOW IF EVEN IF IT'S BEING THERE OR NOT WOULD HAVE ANY IMPACT.
I MEAN, YOU NATURALLY HAVE TO, I MEAN, YOU NATURALLY HA WOULD HAVE TO SLOW DOWN 'CAUSE IT'S LIKE A T STREET, RIGHT? UM, YOU GOT SINE AND THEN YOU HAVE, UM, A JUNIPER.
SO I, I MEAN THERE'S A LOT OF BAD DRIVERS IN DALLAS, BUT, UM, YOU WOULD NATURALLY HAVE TO SLOW DOWN TO MAKE A TURN.
UM, IT'S PRETTY MUCH ALL TO THINK OF.
I WAS GOING BASED OFF EXISTING THREE ONE.
NO, UH, OKAY, BECAUSE I, I THOUGHT WE STOPPED DURING OUR DRIVE AROUND THE PART OF THE BRIEFING.
I WAS, UM, I WOULD BE VERY SURPRISED IF CITY STAFF HAD NO OBJECTION TO THE BE REQUEST FOR THE ENCROACHMENT TO THE 45 FOOT TRIANGLE WAS NOT A JOB SIGN, BUT THIS IS USUALLY SOMETHING MR. NAVARRE, UM, WOULD, I'M SORRY, MR. SASHING, THAT WAS A LITTLE BIT SOFTER.
WOULD YOU MIND, UH, SPEAKING UP A LITTLE BIT MORE FOR US TO HEAR? YEAH, THIS IS, UM, SOMETHING THAT I USUALLY LEAN ON MR. NAVARRE, HIS, UH, OPINION, UH, WHEN THERE'S AN, UH, VISIBILITY TRIANGLE THOUGH.
AND I KNOW HE WOULD WANT ME TO EMPHASIZE THAT HE'S NOT OFFERING AN OPINION.
HE'S SIMPLY INDICATING WHETHER HE HAS AN OBJECTION OR NOT AN OBJECTION TO THE PROPOSED RESPECT.
IF I MAY ADD ONE MORE THING, PLEASE.
SO, UH, WE DID HAVE TO TALK OUR CLIENT DOWN FROM EIGHT TO SIX.
HE ORIGINALLY WANTED AN INPUT FENCE.
UM, ALSO THE, UH, FENCE THAT WAS CURVED IN THE BACK TO MEET THE VISIBILITY TRIANGLE WAS ANOTHER REQUEST THAT, UH, WE INSISTED WORK ON WITH THIS.
SO, NO, WE APPRECIATE THAT AND THAT'S WHY WE DON'T HAVE A REQUEST FOR RELIEF IN RESPECT TO THE AUDI WAY.
UM, WHICH IT DOESN'T HAVE THE STANDARD STOP SIGN, BUT THAT IS SURPRISING THAT THERE WOULDN'T BE STOP SIGN PLEASE, MR. THOMPSON.
UM, CLEARLY THE SIGN HAS BEEN DAMAGED.
UM, WE HAVE A LEANING AND SO THIS IS JUST MORE THAN LIKELY A NINE ONE, NOT 9 1 1 3 1 1 COMPLAINT.
UM, BUT I CAN REST ASSURED THAT THAT IS THE LOCATION OF A STOP SIGN AT A CORNER THAT TEES.
SO IF YOU'RE COMING ALONG JUNIPER, YOU WILL STOP.
AND FOR THE TRAFFIC, THAT'S THE ONE ALONG AGAIN.
JUST BRIEF OTHER THING I'LL NOTE IS, AS YOU CAN SEE FROM THIS PICTURE, IT LOOKS LIKE THERE'S A FIRE HYDRANT, WHICH MEANS HE WON'T HAVE A CAR PARKED OR SHOULD NOT HAVE A CAR PARKED, PARKED IN FRONT OF THE REGISTER, THE, THE FIRE HYDRANT TO BE IN FRONT OF.
BUT THAT, DO WE HAVE OTHER QUESTIONS FOR THE APPLICANT IN RESPECT OF EITHER OF THESE? REQUEST? HEARING NONE.
DOES ANYONE HAVE A MOTION IN RESPECT OF EITHER OF THE REQUEST? PLEASE MISS WHAT? OKAY.
UM, ALL RIGHT, THIS IS ON THE, UH, THE MOTION ONE.
UM, I MOVED THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 0 0 0 5 9 ON APPLICATION OF JOJO
[02:25:01]
ANAYA.UH, GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIGH FENCE IS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE IS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT 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.
UM, I THINK, UM, SIX FOOT HIGH FENCE IS OKAY GIVEN THAT, UH, THE OPACITY, UH, WITHIN, UH, THE
WOULD ANYONE ELSE LIKE TO SPEAK OUT THAN RESPECT TO DEFENSE ACT? YOU GET, PLEASE CALL THE VOTE.
MOTION TO GRANT PASSES FIVE ZERO.
I'LL GO AHEAD AND MAKE MOTION.
I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BOA 2 6 0 0 0 0 5 9 ON APPLICATION OF JUDGE AYA.
GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE, THE INTERSECTION OF
I, I'VE FURTHER THE FOLLOW CONDITION BE IMPOSED FURTHER.
THE PURPOSE INTENT DEVELOPMENT CODE AMENDED ONCE THE MOST RECENT VERSION SUBMITTED SITE FIND AND ELEVATION IN REGARDS TO THE PORTION VIOLATION OF VISUAL OBSTRUCTION TRIANGLE OR
UM, THIS ONE, I THINK PEOPLE CAN GO EITHER WAY.
UM, I AM PERSUADED BY THE LACK OF OBJECTION FROM CITY STAFF, THE FACT THAT THE OPACITY OF DISPENSING CAN BE AROUND IT.
UM, AND THAT WE ARE TALKING ABOUT IF THE CALCULATION RIGHT, SOMETHING PROBABLY ABOUT 35 OR SO FEET FROM THE WOULD'VE STOP SIGN THAT SHOULD BE THERE, UH, STREET INTERSECTION IN TERMS OF WHERE IT, IT WAS A SETBACK ON THAT TRIANGLE.
UM, GIVEN THAT AND THE FACT THEY LITERALLY ARE TALKING ABOUT A T-BONE INTERSECTION WHERE CARS SHOULD HAVE TO FLOW ANYWAY, I DON'T VIEW IT AS
ANYONE ELSE LIKE TO SPEAK IN RESPECT TO THIS REQUEST? HEARING NONE.
MOTION TO GRANT PASSES? FOUR ONE.
UM, THAT, UH, BRINGS US TO THE FINAL ITEM ON OUR AGENDA AND A NEW SCRIPT FOR, WE HAVE AN ADMINISTRATIVE APPEAL IN DOA 2 6 0 0 0 0 4 8 5 4 4 3 RIDGEDALE AVENUE.
MY NAME IS KEVIN LAWSON, I APOLOGIZE.
MR. LAWSON, IF YOU EXCUSE ME JUST ONE SECOND.
UM, I'LL GO AHEAD AND LET THEM BE ABLE TO STAND UP THERE.
I DO HAVE A SCRIPT, UH, THAT I HAVE TO READ THROUGH FIRST TO EXPLAIN THE PROCEDURES.
UM, SO THIS IS ADMINISTRATIVE APPEAL.
UM, DO WE HAVE EVERYONE WHO WILL BE OFFERING TESTIMONY IN THIS ACTION? I KNOW IT'S WILL BE YOU, MR. LAWSON, DO YOU HAVE ANY WITNESSES THAT YOU PLAN TO CALL IF MADE IT? I HAVE MY WIFE HERE.
UM, HOW ABOUT IN AN ABUNDANCE OF CAUTION? WE HAVE THEM STAND UP AND SWEAR THEM IN JUST SO WE CAN HANDLE THAT PARTICULAR FUN TASK FROM YOU AT THE BEGINNING.
I IMAGINE THE CITY DOES NOT HAVE ANY OTHER WITNESSES TO CALL.
UM, MS. WILLIAMS, WOULD YOU MIND ASKING THEM THEIR NAMES, ADDRESSES AND SWEAR THEM IN? CAN YOU PLEASE STATE YOUR NAME AND ADDRESS? KEVIN LAWSON.
5 4 4 3 RIDGE NORTH AVENUE, DALLAS, TEXAS 7 5 2 0 0 6.
CHRISTINA AL, 5 4 4 3 REGIONAL AVENUE,
[02:30:01]
DALLAS, TEXAS 7 5 2 0 6.HELLO, SHAHEEN DILU 55 26 FOREST LANE, DALLAS, TEXAS 7 5 2 3.
FUN THAT YOU ALWAYS GET TO SEE ON TV WHERE YOU GET TO RAISE YOUR RIGHT HAND, MS. O YOU CAN USE THE CITY ADDRESS.
MELISSA, PARENT CHIEF WINTER CONSERVATION DISTRICT'S 1500 ME MEOLA STREET.
DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
SEE, UM, JUST TO MAKE SURE THAT WE'RE ALL CLEAR ON WHAT THE PROCEDURES ARE GONNA BE, UM, THE APPLICANT WILL HAVE 20 MINUTES TO PRESENT THIS CASE, INCLUDING CALLING WITNESSES.
UM, YOU MAY OFFER AN OPENING STATEMENT, CALL WITNESSES OFFER OTHER EVIDENCE.
UM, IF YOU CALL A WITNESS, THE CITY WILL HAVE THE OPPORTUNITY TO CROSS-EXAMINE THE WITNESS FOR UP TO FIVE MINUTES.
THE CROSS-EXAMINATION TIME WILL COUNT AGAINST YOUR LAW.
UM, LIKEWISE, YOUR CLOCK WILL NOT BE DOCKED IF WE ASK YOU OR ANY OF YOUR WITNESSES QUESTION.
UM, AND OF COURSE IF ANYBODY EXAMINES YOUR WITNESS, YOU THEN HAVE THE OPPORTUNITY TO ASK THEM QUESTIONS.
AGAIN, IN THE FORM OF READER, YOU CAN SUBMIT ANY DOCUMENTS YOU HAVE TO THE BOARD SECRETARY AS LONG AS THEY COMPLY WITH SORT OF THE RULES FOR DOCUMENTARY EVIDENCE.
YOU OF COURSE HAVE WHAT, UH, WAS IN THE DOCKET.
I ASSUME YOU'VE SEEN WHAT YOU HAD IS PART OF OUR DOCKET FROM WHAT YOU HAD SUBMITTED BEFORE I DID, BUT I HAVE SOME STUFF I SENT MS. WILLIAMS ON FRIDAY, BUT I'M NOT SURE IF Y'ALL HAVE A COPY BUT HAVE COPIES FOR EVERY BOARD
LET US DOUBLE CHECK TO MAKE SURE WE HAVE COPIES OF THOSE TO MAKE SURE EVERYONE HAS THEM BY THE TIME WE GET GOING.
UM, AFTER THE APPLICANT PRESENTS, UM, THE BUILDING OFFICIALS CASE WILL SIMILARLY HAVE 20 MINUTES.
THEY TOO MAY OFFER AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, IF THE BUILDING OFFICIAL CALLS A WITNESS, YOU AS THE APPLICANT CAN CROSS EXAMINE THE WITNESS FOR UP TO FIVE MINUTES.
THAT WON'T COUNT AGAINST TIME LIMIT.
UM, AND THEN THE CITY CAN CONDUCT A THANK YOU.
UH, CAN, UH, CONDUCT A DIRECT, UH, THE BUILDING OFFICIAL TWO CAN SUBMIT DOCUMENTARY EVIDENCE.
UM, THERE IS SOME MATERIALS IN THE PACKET, BUT ANYTHING COMES, UM, AGAIN, THE BOARD CAN ASK QUESTIONS AT ANY TIME AND OUR QUESTIONS WILL NOT T COUNT TOWARDS EITHER SIDE'S TIME LIMITATION.
YOU WILL THEN, AS THE APPLICANT BE AFFORDED A THREE MINUTE REBUTTAL AND A THREE MINUTE CLOSING STATEMENT.
THEN THE BUILDING OFFICIAL WILL BE ALLOWED A THREE MINUTE CLOSING STATEMENT.
AND THEN THE, UM, MOTION WILL EITHER BE TO AFFIRM, REVERSE OR AMEND THE BUILDING'S OFFICIAL DECISION, WHICH, UH, HERE WAS TO DENY PERMISSION TO INC.
RICK FOLLOWING THAT MOTION, THE TIME HAS OPENED UP THE DISCUSSION FILE BOARD.
UM, I AM GOING TO PAINFULLY MAKE YOU PAUSE FOR MORE SECOND BECAUSE WE WANNA HAVE A BRIEF MOMENT TO MAKE SURE WE REVIEW WHAT'S BEEN SUBMITTED.
I ASSUME THE CITY HAS NO OBJECTION TO THE SUBMISSION OF THIS EVIDENCE.
UM, AND I'M GOING TO NEW TO SUSPEND OUR RULES THAT WOULD OTHERWISE REQUIRE EVIDENCE TO BE LIMITED TO FIVE PAGES SO THAT WE CAN ACCEPT ALL SEVEN.
DID ANYONE LIKE TO SECOND MY MOTION CORRECT? I SECOND.
I THINK WE CAN TAKE A VOICE VOTE.
ALL THOSE IN FAVOR OF PERMITTING THE ADDITIONAL TWO PAGES OF DOCUMENTARY EVIDENCE.
A ANY OPPOSED? WE ARE ACCEPTING ALL SEVEN PAGES THAT HAVE BEEN SUBMITTED.
AND AGAIN, MR. LAWSON, THANK YOU FOR INDULGING US.
I'M SURE WE, MR. LAWSON, HAVE YOU BEEN PRESENTED WITH A COPY OF THE CITY'S LEAK THAT THEY'VE YES, SIR.
DO YOU HAVE ANY OBJECTION TO US CONSIDERING THAT? NO, SIR.
AND IN LIGHT OF THAT, I'M GONNA PASS OUT COPIES OF THE CS THREE, WHICH IS FOUR PAGES.
UM, WE'LL TAKE ANOTHER COUPLE THREE MINUTES AND THANK YOU FOR YOUR PATIENCE.
[02:39:11]
UH, THANK YOU MR. LAWSON FOR YOUR PATIENCE, ESPECIALLY KNOWING HOW TO STICK AROUND UNTIL THIS PORTION OF OUR A NO PROBLEM.I THINK EVERYONE HAS HAD A CHANCE TO CONNECT THROUGH SUBMISSION AND WELL OUT FOR BRIEF RESPONSE.
SO THANK YOU FOR INDULGING THAT UP.
THAT SITUATE US BETTER TO ASK BETTER QUESTIONS.
UM, THE FLOOR IS YOURS IF YOU'D LIKE TO START SETTING.
SO BASICALLY TOOK A FEW MINUTES.
YOU READ THROUGH WHAT MY PRESENTATION, I DID NOT DO A POWERPOINT PRESENTATION.
I'M AN ADJUNCT PROFESSOR AT TCU AND STUDENTS, THE NUMBER ONE DISLIKE OF POWERPOINT PRESENTATION.
SO I REFUSE TO DO THAT, THAT'S WHY I DID IT THIS WAY.
BUT FIRST I WOULD LIKE TO APOLOGIZE FOR MY WIFE AND I.
[02:40:02]
THAT YOU COULD NOT PAINT YOUR EXTERIOR BRICKS IN OUR NEIGHBORHOOD, CONSIDERING THAT MOST OF THE, I SAY, WELL, I DID A WALK ONE DAY AND I FOUND 107 NINE HOME OF THOSE HUNDRED 79, BUT I FOUND IT 97 HAD PAINTED SCARY BRICK.MY NEIGHBOR TWO, OUR RIGHT HAS PAINTED GRAY BRICK TO MY LEFT, PAINTED WHITE, CARRIED ACROSS WITH TWO WHITE PAINTED BRICK AND ONE LIGHT BOOK WE DIDN'T KNOW WHEN WE PURCHASED THE HOUSE IN JANUARY, 2025, WE HAD NO INTENTION OF EVER PAINTING EXTERIOR BRICK.
BUT WE REALIZED THAT THERE WAS SOME EXTENSION, EXTENSIVE DAMAGE TO THE FOUNDATION.
FOR EXAMPLE, WHEN WE LOOKED IN THE GARAGE, WHEN YOU PULL INTO YOUR GARAGE ALONG BACK OF THE HOUSE COMES IN THE BOTTOM GARAGE, SUPPOSED TO HAVE A LIKE ONE INCH SLOPE.
SO THE WATER RUNS DOWN, IT CRASHED DOWN AND WE HAD TWO INCH INCHES WATER SITTING BACK HERE.
THE REASON FOR IT, IF THE HOUSE WAS VACANT, I CAN'T TELL YOU EXACTLY HOW LONG, BUT EXCEPT FOR A WHILE, I MEAN, WE DIDN'T MOVE IN FOR LITERALLY 10, 11 MONTHS LATER WHILE THE HOUSE SAT THERE, THERE WAS A LEAK FROM THE OLD CAST IRON HYPHEN RIGHT IN THE MIDDLE OF THE HOUSE.
AND WHEN IT SET OVER TIME, IT RAISED THE MIDDLE OF THE HOUSE.
THE BACK OF THE HOUSE SAT WHEN IT DID, IT CREATED.
I SAW SOME OF THE PICTURES, THE BACK PART OF THE HOUSE COMPLETELY BREAK THEM DOWN, BEGAN OVER WHERE THE STA STAIRS WERE TOLD EACH STAIRS COME ON THE SIDE COMPLETELY FUMBLED AND THEY ALL HAD TO BE THE PLAYERS TO HALLWAY WELL THERE.
SO ONCE WE, WE DECIDED WE HAD TO FIX EVERYTHING FOR US IF WE COULD DO ANYTHING.
SO WE SPENT $19,400 ROUGHLY IN FOUNDATION REPAIRS, WHICH INCLUDED 31 CONCRETE PADS, 16 PERIOD, SIX ADDITIONAL PIERS AND A BENCH DRAIN TO FIX THE ISSUE.
AND IT GOT THE HOUSE IN GUIDED OF APPROVAL, ENGINEERING APPROVAL.
WHEN THAT HAPPENED, ONCE WE FIXED IT, WE HAD SEVERAL HUNDRED BRICKS DROP THE EXTERIOR THAT WE DAMAGED CRACK.
SO WE ASKED OUR CONTRACTOR IF SHE, HE PLEASE TRY TO FIND MATCHING BRICK WHO FIX IT.
HE WENT TO SEVERAL DIFFERENT LOCATIONS, NEVER COULD FIND THE HOUSE BUILT 1926, WHAT'S EXACTLY WHAT WE, WE INVOLVED, WE COULDN'T FIND MATCHING BRICK.
SO WE THOUGHT, WELL, WHAT'S THE NEXT OPTION? LET'S JUST FIX IT AND WE'LL PAINT THE HOUSE.
AND WE THOUGHT, WELL, WE'LL PAINT IT WHITE, BUT WE NICE PRETTY DOWN STONES THAT WE WERE NOT GONNA PAINT AND WE DID NOT.
AND WE THOUGHT THAT WOULD NICE AND IT WAS MATCH WHAT THE NEIGHBORS KIND OF HAD.
SO WE FIXED THE BRICK, PAINTED IT, AND THEN IN THE PROCESS OF THE PAINT, YOU CAN ASK SHAHEEM, THERE WAS A FLAT JOKE WE HAD THAT, WE GOT THE PAINT PROPOSAL.
I WAS LIKE, WHAT ARE YOU TALKING ABOUT? THIS IS VERY, VERY EXTENSIVE.
AND HE EXPLAINS THAT YOU CAN'T PAINT BRICK WITH REGULAR PAINT.
HE SAID, YOU HAVE TO USE A HIGHER GRADE PAINT, ALLOWED THE BRICK AND BREATHE, WHICH IS ALMOST DOUBLE THE PRICE EVEN MORE THAN NORMAL PAINT.
HE SAID, IF YOU DON'T, YOU'RE GONNA REGRET IT.
PAINT AND BUILD THIS AND THIS.
WE PUT IN THE HIGHEST GRADE PAINT, ALLOWS THE BRICK DEBRIS AND EXPOSED THE BRICK.
SO WE PAINTED THE HOUSE WHERE THAT WAS BASICALLY OUR OPTION.
EITHER PAINT IT OR, UH, LEAVE IT WITH TWO-ONE BRICK.
THAT WOULD JUST NOT BE VERY APPEALING TO THE NEIGHBORHOOD.
ONCE WE PAINTED IT, WE FOUND OUT THAT WE DIDN'T PAINT THE HOUSE, SO WE GOT, OH, WE DID NOT KNOW.
AND SO THAT, YOU KNOW, WE'RE NOT BAD PEOPLE.
WE ACT, WE PUT IN A NEW FENCE, WE GOT THE APPROVAL FOR THE FENCE.
AND THAT WAS APPROVED WITHIN A WEEK OR SO.
SO WE DID GO AND ASK FOR APPROVAL THING.
WE KNEW YOU HAD TO, AGAIN, WE JUST DID NOT KNOW ABOUT THE BRICK.
SO, UH, AGAIN, OUR GOAL WAS TO RESTORE THE PROPERTY AND PROVE THE WAY THE PROPERTY LOOKED.
THE HOUSE HAD, UH, NOT BEEN MAINTAINED SINCE THE NINETIES, IS WHAT A LOT OF NEIGHBORS TOLD US.
I BELIEVE AT LEAST ONE NEIGHBOR DID RIGHT IN.
SO WE APOLOGIZED AND WE'RE SORRY.
OUR GOAL WAS TO TRY AND MAKE THE NEIGHBORHOOD FIX THE HOUSE.
BEFORE THAT WAS THE ONLY OPTION I HAD CONSIDERING WE HAD SO MANY BRICKS DAMAGED DUE TO THE FOUNDATION ISSUE.
[02:45:04]
SO WE'RE IN A BIT OF A TRICKY SPOT IN THAT THE QUESTION BEFORE US IS, DID THE BUILDING OFFICIAL AIR AND COMBINE, DO YOU HAVE AN AN ARGUMENT OR POSITION TO PRESENT ABOUT, UH, MAYBE THE INTERPRETATION OF THE CONSERVATION DISTRICT LANGUAGE OR SOME OTHER SORT OF STUFF ON THAT? BECAUSE I, I THINK WE ALL ARE VERY SYMPATHETIC TO THIS TERRIBLE SERIES OF CIRCUMSTANCES WHERE YOU INVESTED A LOT TO FIX THE HOUSE AND, UM, RELAY MY PERSONAL PREFERENCE.LOOK THROUGH PICTURES LIKE PAINTING.
THE TRICK I THINK WE MIGHT HAVE AS A PANEL IS OF COURSE THAT THE, THE QUESTION FOR US CONCERNS, APPARENTLY THE CONSERVATION DISTRICT THAT'S CITING HOW THEY WANTED TO DEAL WITH WORK.
RIGHT? I, WHEN I LOOKED AT THAT RULE, IT'S PRETTY BLACK AND WHITE.
AND I THINK THAT CONSIDERING THE AGE OF THE HOMES, THIS PROBABLY WON'T BE THE FIRST TIME THIS COMES UP.
LET'S PRETEND WE WERE HERE ASKING FOR APPROVAL INSTEAD OF AFTER WE FOUND MM-HMM
THERE'S SO MANY HOMES IN THAT AREA THAT ARE GETTING OLDER.
YOU CAN WALK AND LOOK THAT YOU CAN'T FIND MATCHING THE BRICK.
I THINK THE INTENTION OF THE RULE WAS TO, TO RESTORE, KEEP THE, THE, THE LOOK OF THAT TIME.
BUT AS WE GO ON TO FIND REPLACE REPLACEMENT BRICK, IT'S VERY DIFFICULT.
SO I THINK MAYBE THE, THE RULE SHOULD BE CHANGED THAT ONE MATCHING BRICK IS GONNA BE FOUND.
IF NOT, THEN IT SHOULD, CAN BE ALLOWED.
IF THE RIGHT PAINT CAN BE, BECAUSE I DID LEARN FROM, I THINK IT WAS WITH, WITH MS. JERRY WILLIAMS THAT SHE CAME OVER AND TAUGHT IT.
SOME PEOPLE WILL PAINT WITH THE CHEAP PAINT AND IT PAINTS OFF.
SO I THINK THEY SHOULD ADD THAT TO THE, THE NEW, BECAUSE THIS WON'T BE THE LAST TIME SOMEBODY BRINGS IT TO THE ATTENTION.
UH, QUESTIONS FOR THE APPLICANT, UM, AND THE QUESTIONS FOR THE APPLICANT, ALSO, THE OTHER TWO WERE SWORN IN.
CAN I ALSO PULL THE QUESTIONS TO AS WELL, OR, OKAY.
UM, WHAT COLOR IS THE BRICK THAT IS RE THAT REPLACED? THE, UM, OTHER BRICK, THE ORIGINAL BRICK? IT WAS AN OFF YELLOW, UH, SIMILAR COLOR.
UM, SO MY QUESTION IS FOR YOUR CONTRACTOR AND, AND YOU MR. OLSEN AS WELL.
UM, AND REAL QUICK, UM, IF YOU HAD FOUND MATCHING BRICK, WOULD YOU STILL HAVE PAINTED THE HOUSE? OKAY.
DO YOU, DO YOU WORK ON HISTORIC HOMES? UH, WAS THIS YOUR FIRST ONE? NOT SPECIFIC.
UM, SO THIS IS YOUR, NOT SPECIFICALLY.
AND, UM, WHAT EFFORTS DID YOU UNDERTAKE TO, UM, FIND THE MATCHING BRICK? YEAH, SO, UH, I WENT TO FOUR DIFFERENT STONEY YARDS, UM, METRO BRICK AND STONE.
WHICH WE'VE WORKED WITH BEFORE.
UH, UH, HOT CHECK BRICK SALES OR REED WRECKING AS WELL AS DISCOUNT HOME WAREHOUSE, WHICH ARE KNOWN TO HAVE HISTORIC, UM, WHETHER IT'S KNOBS OR DOORS OR ANYTHING LIKE THAT.
SO WE WENT TO VARIOUS DIFFERENT ONES MM-HMM
AND WE FOUND SOME BRICK THAT HAD SIMILAR TEXTURES, WHICH IS, THAT'S WHAT WE KIND OF WENT FOR MM-HMM
BUT WE COULDN'T FIND ANYTHING NEAR THE COLOR, THE SAME COLOR.
DID YOU LOOK AT NEW BRICK? THAT COULD PERHAPS BE IT, IT'S THE TEXTURE.
THEY DON'T, THEY DON'T MAKE THIS BRICK ANYMORE WITH THIS KIND OF TEXTURE.
AND SO THE NEW BRICK AND, AND I DID GO TO BRICKY YARDS, ACME, EVERYTHING LIKE THAT.
HOW MANY BRICKS WERE REPLACED? UH, ALMOST ABOUT 80 TO A HUNDRED.
YOU SAY YOU COULDN'T FIND ONE TO MATCH THE TEXTURE? CORRECT.
UM, SO YOU REPLACED IT WITH A BRICK THAT'S KIND OF SIMILAR AND THEN MADE THE SUGGESTION TO PAINT THE BRICK.
AND OF COURSE THE PAINTING OF BRICK, AS YOU UNDERSTAND, NEEDS A SPECIFIC THICKNESS AND PRICE POINT AND WHATNOT.
AND MR. LAWSON, WERE YOU AWARE OF ANY OF THIS? WAS HE KEEPING YOU INFORMED OF THESE STEPS? YES, MA'AM.
[02:50:01]
IT HARD TO BELIEVE THAT IN, YOU KNOW, OF COURSE WHEN WE DID, YOU KNOW, THE, THE CITYSIDE PRESENTS THAT, UM, AN ORDINANCE WOULD IMPOSE SUCH A HARDSHIP ON, UH, A HOMEOWNER THAT THEY COULDN'T MATCH A BRICK.SO I'M TRYING, I WANNA UNDERSTAND THAT PART BECAUSE I BELIEVE THAT'S WHERE THIS ALL STARTED, UM, IS TO COVER UP A MISMATCHED BRICK.
AND, UM, AND I DO BELIEVE THAT EVERYONE'S INTENTIONS WERE GOOD AND IT IT IS, IT'S UNFORTUNATE.
SO, UM, AS WE GET TO THE BOTTOM OF THIS, THAT'S, THAT'S MY GOAL.
QUESTIONS FOR THE APP, PLEASE, MS. BRETT? SIR, HOW LONG HAVE YOU LIVED IN DALLAS? I HAVE BEEN IN THE DALLAS FORT WORTH AREA FOR 21 YEARS.
AND, UH, DID YOU KNOW THIS, YOUR, YOUR HOUSE, YOUR STREET FELL INTO THE CONSERVATION DISTRICT? YES, MA'AM.
AND WHEN, UH, YOU BOUGHT THAT HOUSE, UH, DID THE CONSERVATION DISTRICT, UH, FOLKS REACH OUT TO YOU OR SAYING, HEY, WELCOME, WE LIVE IN A CONSERVATION DISTRICT? NO, THEY DID NOT.
SO WHAT DID YOU THINK THAT ENTAILED LIVING IN A CONSERVATION DISTRICT IN TERMS OF, OF MAINTAINING YOUR HOME? SO WHAT WE UNDERSTOOD FROM TALKING TO OUR NEIGHBORS IS THAT YOU COULD NOT CHANGE THE FRONT OF THE HOUSE.
AND THAT WHAT YOU LOOK AT, IF YOU ADDED ON, IF WE'VE SEEN PEOPLE BUILD ON THE BACK AS LONG AS WHEN YOU LOOK, IT DOESN'T STRUCK THEM, THE VIEW DO THAT.
AND THEN THERE'S A LOT OF, YOU DROP THROUGH THE HOME'S VERY CUTE AND HAVE THESE LITTLE WINDOWS.
THEY HAVE TO BE ENCLOSED, WHICH USED TO BE PATIO, THEY ENCLOSED THE, ALL THOSE ARE THE THINGS WE KNEW IN OUR DISCUSSIONS.
OUR, ON OUR STREET, ONCE A MONTH, WE ALL GET TOGETHER.
WE CALL IT TACO TUESDAY, OR WE, SO THIS IS WHERE I WAS LEARNING THROUGH THE PROGRESS, MY WIFE AND I, AND IN NOWHERE DID ANY DISCUSSION COME UP BECAUSE WE HUNG OUT WITH OUR NEIGHBORS FROM, SAY, MARCH OF 2025 THROUGH WHEN WE PAINTED.
WE MOVED IN IN DECEMBER OF 2025.
SO WE WERE SEEING OUR NEIGHBORS.
NO ONE EVER SAID, HEY, YOU CAN'T PAINT YOUR HOUSE.
WE NEVER EVEN THOUGHT OF IT IN MOST OF THE HOUSES PAINTED.
SO WE JUST, WHEN WE COULDN'T FIX THE BRICK, WE THOUGHT, OKAY, I GUESS THE ONLY SOLUTION TO PAINT THE HOUSE IF WE KNEW WE WOULD'VE ABSOLUTELY BEEN ASKING FOR COMMISSION OR FROM THERE, WHATEVER WE THOUGHT.
AND SO WHEN, UH, YOU WENT TO REPLACE YOUR FENCE, YOU WENT, YOU SAID YOU ASKED, WHO'D YOU ASK PERMISSION FROM? FROM THE CITY.
I WENT, I WENT FIRST TO THE HISTORICAL DISTRICT, THEN THEY APPROVED IT BECAUSE WE PUT IN HIGHER THAT WE WENT TO SEVEN FEET.
AND THEN WHEN YOU HAD GET SEVEN FEET, YOU HAVE TO GO TO THE CITY OF DALLAS.
WE WENT TO THE CITY OF DALLAS AND GOT THAT UPDATED.
AND SO IT DIDN'T OCCUR TO YOU TO SAY, HEY, YOU KNOW, BEFORE I PAINT THIS HISTORIC HOME IN THIS CONSERVATION DISTRICT, LET ME GO ASK ABOUT THAT.
AND YES, SIR, YOU, I WAS ABOUT TO ASK YOU, HOW OFTEN HAVE YOU WORKED IN CONSERVATION DISTRICTS? UM, NOT OFTEN.
SO YOU WEREN'T AWARE OF, IT DIDN'T OCCUR TO YOU TO SAY, HEY, BEFORE I TOUCHED PAINT TO THIS BRICK IN THIS CONSERVATION DISTRICT? Y YES.
SO, UM, UH, REGARDING THE FENCE, I KNOW THAT ONCE YOU GO PAST SIX FEET, YOU NEED TO HAVE A PERMITT.
AND SO THAT WAS WHEN, UH, MR. LAWSON AND I DISCUSSED, UH, AS FOR THE PAINTING, IT WAS AN HOA QUESTION.
AND I SAID, YOU KNOW, IS THERE AN HOA THAT YOU GUYS NEED TO PUSH THIS THROUGH TO GET THIS APPROVED? AND THERE'S NO HOA.
AND SO TO MY UNDERSTANDING, THAT'S WHERE THAT WAS.
AND SO WITH THE DISCUSSIONS OF, UH, YOU KNOW, NOT BEING ABLE TO FIND THE MATCHING BRICK, WE CAME TO THE CONCLUSION OF PERHAPS PAINTING, MATCHING THE AESTHETIC OF THE NEIGHBORHOOD WAS THE RIGHT ROUTE.
ANY OTHER QUESTIONS FOR THE APPLICANT OR THE APPLICANT? MR. SACHE, PLEASE? YES, YES.
UM, TO THE APPLICANT, UM, JUST TO TRY TO HELP US BECAUSE WE, WE DO HAVE A, A NARROW QUESTION.
CAN YOU GUYS HEAR ME OKAY? YES, YES, WE CAN.
WE HAVE A PRETTY, WE'VE PRETTY NARROW QUESTION BEFORE.
SO, UM, I THINK, UM, WHAT I WOULD ASK OF YOU IS TO HELP US, UM,
[02:55:02]
AND OUR DECISION MAKING, UM, HELP US, GIVE US SOME, FROM YOUR UNDERSTANDING HOW THE BUILDING OFFICIAL MAY HAVE AIRED IN YOUR PARTICULAR CASE BASED ON ALL OF THE CIRCUMSTANCES, HOW MAY, HOW COULD THEY HAVE AIRED IN THEIR JUDGMENT AND HOW THEY, UM, UH, IN DENYING YOUR ABILITY TO, UM, MODIFY YOUR HOME.SO JUST TAKE A, A COUPLE SECONDS AND THINK ABOUT, TRY TO HELP US IN MY, THIS WOULD BE JUST, AGAIN, MY OPINION.
IN MY OPINION, IT'S BECAUSE WHAT WAY IT'S WRITTEN, IT IS WRITTEN BLACK AND WHITE.
AND I THINK IT WAS PASSED IN 2019, YOU CANNOT PAINT THE EXTERIOR FOR PRETTY SIMPLE.
SO IF I'M GETTING A PROPOSAL PAINT, IT'S EASY TO TURN IT DOWN WITHOUT THE REASON.
I THINK IF THIS WOULD'VE HAPPENED THE RIGHT WAY, WE WOULD'VE WENT FOR PERMISSION.
PROBABLY WOULD'VE, WOULD'VE HAPPENED IS THE INSPECTOR WOULD'VE CAME OUT TO SEE IT FIRE HAND BEFORE A DECISION WAS MADE.
AND THEN THAT WOULD'VE MADE IT MORE, OH, I UNDERSTAND THIS HOUSE HAS TO BE PAINTED OR IT'S GONNA LOOK FUNNY.
THEY MIGHT UPSET MORE PEOPLE IF WE DON'T PAINT IT.
SO THAT'S, THAT'S HOW I THINK THE INTERPRETATION, IT WAS JUST TURNED DOWN BECAUSE IT HAD ALREADY BEEN PAINTED AND THEN I HAD REQUESTED FOR SOMEONE TO COME OUT AND LOOK AT IT, AND THAT'S WHERE HAD THEIR NAMES IN THE, IN THE WRITEUP.
SO, SO WOULD IT BE A FAIR STATEMENT TO, TO, TO SUGGEST THEN THAT, UM, YOU REALLY HAD VERY FEW OTHER OPTIONS, UM, IN THIS CASE, YOU, YOU COULD HAVE EITHER REPLACED THE BRICK WITH BRICK THAT WOULD NOT HAVE BEEN APPEALING OR MATCH THE INTENT OF, UM, UH, OF THE, UH, CONSERVATION DISTRICT, UM, UH, I GUESS THE SPIRIT OF THE RULE, RIGHT? UH, OR YOU COULD HAVE GONE DOWN THE ROAD TO TRY AND MATCH THE, THE ORIGINAL PAINT.
I MEAN, THE ORIGINAL BRICK THROUGH THE
UM, SO WOULD THAT BE A FAIR STATEMENT? YES.
MR. SASH? I DO WANNA APPROPRIATE PHONE HERE.
UM, I THINK THE, LOOKING AT THE CITY'S PLEA, THE ORDINANCE WAS ENACTED IN 2002 AND AMENDED IN 2013 THAT CONTEMPLATES, UM, BRICK MUST BE SCRATCH FACED OR TEXTURED WITH AT LEAST THREE SUBTLE VARIATION TONE, BRICK COLORS AND TEXTURES MUST BE TYPICAL OF THE BRICK VIEW ON ORIGINAL HOMES.
THAT'S UNDER THE, UH, SECTION THREE A, TWO BDB THREE B.
UM, WHAT YOU WERE REFERRING TO ABOUT THE NO PAINTING, I THINK WAS A CITY OFFICIAL'S INTERPRETATION OF THAT ORDINANCE IN 2019.
SO THE, THE ORDINANCE HAS INTERPRETED IN 2019, BUT, UM, THE APPLICANT COULD MAKE AN ARGUMENT THAT THAT IS NOT COMPLICATED.
BUT THANK YOU FOR THE, THE, ANY OTHER QUESTIONS FOR THE APPLICANT BEFORE WE HEAR FROM THE CITY? MR. MILLER? MR. LAWSON DID BY CHANCE, DO YOUR, UH, REALTOR SHARE ANY INFORMATION ABOUT THE CONSERVATION DISTRICT WITH YOU THAT SOLD YOU THE PROPERTY? THE REALTOR TOLD US WE WERE IN A HISTORICAL DISTRICT.
UM, YOU ALL WILL HAVE AN OPPORTUNITY, WELL, I GUESS I SHOULD ASK THIS.
DOES THE CITY OFFICIAL HAVE ANY DESIRE TO CROSS EXAMINE ANY WITNESSES WHO HAVE OFFERED ANY TESTIMONY? OKAY.
UM, YOU ALL HAVE THE OPPORTUNITY TO TAKE A SEAT.
UM, WE WILL THEN TURN IT OVER TO THE CITY OFFICIAL TO MAKE THEIR PRESENTATION.
IF SHE CALLS A WITNESS, YOU'LL HAVE THE OPPORTUNITY TO CROSS EXAMINE.
SO REGARDING THE PROPERTY AT 5 4 4 B RIDGEDALE AVENUE,
[03:00:01]
UM, THIS ONE DID NOT, AGAIN, COME ACROSS OUR DESK UNTIL IT WAS, UM, IN THE 3 1 1 SYSTEM AS A COMPLAINT.UH, NORMALLY IF THEY WOULD'VE COME TO ASK FOR PERMISSION, WE WOULD'VE MADE, UM, YOU KNOW, WE WOULD'VE ASSESSED THE PROBLEM THAT THEY WERE SEEING AND WOULD'VE MADE SOME, SOME VARIOUS RECOMMENDATIONS DEPENDING ON THAT SCOPE OF WORK.
UM, IN THIS INSTANCE, I THINK WHAT WE WOULD'VE DONE IS IF THE BRICK, IF THE BRICK WAS REALLY THAT DAMAGED AND NEEDED TO BE REPLACED, WE WOULD'VE ASKED THAT MATCHING BRICK ON THE REAR FACADE BE PULLED FORWARD INTO THOSE VISIBLE AREAS FROM THE STREET, AND THAT ANY NON-MATCHING BRICK WOULD'VE BEEN PLACED ON THE REAR FACADE SO THAT IT'S NOT CAUSING THE, YOUR TEXTURE ISSUES AND IT'S NOT CAUSING THIS, THIS GREAT, YOU KNOW, CHANGE IN THE VARIATION OF THE BRICK.
UM, AND, AND IN THOSE INSTANCES THEN THE HOPE WOULD'VE BEEN THAT THEY WOULD NOT HAVE NEEDED TO PAINT.
UM, UNFORTUNATELY WE WERE NOT ABLE TO MAKE THOSE ASSESSMENTS BECAUSE THE, THE BRICK HAS ALREADY COVERED UP AND HAS ALREADY BEEN REPLACED.
SO WE DON'T KNOW HOW DAMAGED IT WAS.
UM, BASED ON SOME OF THE PHOTOS THAT I DID SEE, UM, THERE WAS SOME EVIDENCE THAT IT NEEDED TO BE REPOINTED AND MAYBE SOME NEW MORTAR IN BETWEEN THE BRICKS, BUT I, I DON'T KNOW ABOUT THE DAMAGE OF THE BRICK ITSELF, UNFORTUNATELY.
UM, THE 29 BUILDING OFFICIAL INTERPRETATION THAT CAME ABOUT BECAUSE, UM, FOR A LONG TIME PER THE ORDINANCE, WE HADN'T APPROVED ANY PAINTED BRICK AND THEN ALL OF A SUDDEN PAINTED BRICK BECAME REALLY POPULAR ON HGTV AND EVERYBODY STARTED DOING IT.
AND WE HAD TO START SENDING CONSTANTLY PEOPLE TO BOARD OF ADJUSTMENT BECAUSE WE HAVE TO SAY NO TO THEM, WE HAVE TO DENY THEM BASED ON THE ORDINANCE REQUIREMENTS.
UM, SO THE BUILDING OFFICIAL DID COME UP WITH THAT INTERPRETATION TO KIND OF GIVE A LITTLE BIT MORE BACKBONE TO THE INTERPRETATION THAT THOSE REQUIREMENTS FOR THE TRICOLOR BRICK AND THE TEXTURE AND ALL THAT STUFF WAS REALLY, UM, NEEDED.
UM, AND, AND THAT PAINT SHOULD NOT BE USED TO BE COVERING IT UP.
UM, IT'S A COPY OF THE PEOPLE AND COMPLAINTS.
UM, SO PER THE ORIGINAL ORDINANCE THAT WAS, UM, CODIFIED IN 2002, UH, REMODELING DOES HAVE TO BE COMPATIBLE IN A MANAGER IN A MANNER THAT IS, UH, COMPATIBLE WITH ORIGINAL ARCHITECTURAL STRUCTURE, WHICH THIS IS ONE OF THE ORIGINAL ARCHITECTURAL STYLES.
UM, IT'S A TUTOR THAT WAS BUILT IN THE 1926.
UM, SO REMODELING DOES INCLUDE ANY CHANGES TO APPEARANCE, WHICH WOULD INCLUDE PAINT.
UM, THE FOR MA MATERIALS FOR REMODELING, THEY MUST MATCH THE ORIGINAL BRICK.
UM, AND IN THOSE INSTANCES WHERE THEY CAN'T, THAT IS WHEN WE START MAKING, YOU KNOW, SENSITIVE RECOMMENDATIONS ON, ON WHERE PLACEMENTS SHOULD GO ON THE BRICK AND, AND WHAT THEY CAN DO WITH IT.
UM, ON THE HOUSES, UM, YOU KNOW, THE BRICK, IT DOES STATE THAT IT ALSO HAS TO MEET, IF YOU'RE REMODELING, IT DOES HAVE TO MEET THE STANDARDS FOR NEW CONSTRUCTION, UM, FOLLOWING THOSE COURSES PATTERNS, UM, AND THE SCRATCH BASED TEXTURE.
UM, ONE THING THAT IS ALSO AT ISSUE IS THAT THE PAINT THAT IS NOW COVERING IT UP, UM, IF YOU LOOK AT SECTION, UH, 12 A UNDER THE NEW CONSTRUCTION REQUIREMENTS, WHICH THE REMODELING HAS TO MEET, THEY HAVE TO HAVE FOUR ARCHITECTURAL FEATURES ON THEIR HOUSE WITHOUT THE PAINT.
THIS HOUSE DID HAVE THEIR FOUR ARCHITECTURAL FEATURES, UNFORTUNATELY, ONE OF THOSE FEATURES WAS THE BUFF OR BLONDE BRICK, WHICH HAS NOW BEEN COVERED OVER.
SO THEY'RE ALSO NOW DOWN TO ONLY THREE ARCHITECTURAL FEATURES BECAUSE ONE OF THOSE FEATURES HAS BEEN COVERED UP.
UM, SO IT'S, IT'S NOT NECESSARILY JUST ABOUT THE COLOR OF THE BRICK, IT'S A DOMINO EFFECT.
AND, AND WHAT ELSE? THE CHANGE THAT CHANGE IS AFFECTING, UM, WITHIN THE ORDINANCE.
UM, SO I, I REITERATED THE REASONS FOR DENIAL, BUT YOU HAVE THE CITY ATTORNEY'S, UM, BRIEF, WHICH IS PROBABLY MUCH MORE SUCCINCT THAN, THAN MINE IS.
UM, I DO HAVE IMAGES OF ORIGINAL HOUSES IN THE NEIGHBORHOOD.
UM, MOST OF THEM ARE USING THAT BUFF COLORED BRICK.
UM, IT'S ONE OF THE, THE BIG EASIER FEATURES TO KIND OF FIT, BECAUSE IF YOU'RE GONNA BUILD A BRICK HOUSE, YOU MIGHT AS WELL JUST MAKE IT THAT BUFF BLONDE COLOR.
[03:05:03]
SO AS OF RIGHT NOW, UNFORTUNATELY THE HOUSE BEING PAINTED DOES NOT MEET, UM, SECTION FSO WHITE DOESN'T COUNT AS A LIGHT COLORED BRICK.
UM, TYPICALLY WE DON'T APPROVE THE USE OF WHITE BRICK BECAUSE IT SPECIFICALLY SAYS BLONDE OR LIGHT COLORED, AND THAT'S MORE IN THE YELLOWISH TAN GOLDEN TO WHAT WE CALL BUFF BRICK.
UM, IVORY AND WHITE IS A DIFFERENT COLOR SCHEME WHEN YOU'RE LOOKING AT BRICK PALLETS.
UM, AND I DON'T KNOW OF ANY HOUSES THAT HAVE WHITE BRICK.
ARE YOU, UM, HAVE YOU CONCLUDED YOUR PLAN PRESENTATION? YES.
THANK YOU FOR YOUR PRESENTATION.
UM, SO IN THE EVENT THAT YOU KNOW THAT THE BRICK COULDN'T BE MATCHED, UM, THERE WOULD'VE BEEN A REMEDY, RIGHT? YES.
WE WOULD'VE TRIED TO REMEDIATE BEFORE, BEFORE MOVING TO PAINT.
PAINT IS ALWAYS A LAST RESORT IN OUR EYES.
UM, WE WOULD'VE TRIED TO, TO HELP THEM ASSESS WHAT COULD BE DONE, FIRED TO ANY SORT OF PAINTING.
OH, MR. SINGTON, THEN I'LL GO TO MSRE.
UM, FOR, UM, THE PRESENTATION AND REITERATION OF THE, UM, DECISION, I GUESS WE'RE WHERE I STUCK.
I GUESS WHAT IS THE REMEDY AT THIS POINT FOR THIS APPLICANT? I MEAN, CAN YOU HELP ME WITH THAT? UM, SO WE HAVE HAD, UH, PROPERTIES REMOVE THEIR PAINT, UM, TO GREAT SUCCESS.
WE HAVE SOME REALLY GOOD, UM, PRODUCTS THAT WE RECOMMEND WHEN THEY DO, UH, NEED TO REMOVE PAINT.
AND AT THAT POINT WE COULD REASSESS, UM, AND IF THE, THE BRICK IS, IS TOO MUCH OF A NON MATCH TO WHAT THE EXISTING BRICK IS, THEN WE WOULD, WE WOULD, UM, ENTERTAIN DISCUSSING THOSE OTHER REMEDIATION EFFORTS OF POTENTIALLY RELOCATING THE MISMATCH BRICK TO THE REAR AND SWAPPING IT OUT WITH BRICK THAT MATCHES IN THOSE MORE VISIBLE AREAS OF THE HOUSE.
SO THESE, UM, I GUESS REMEDIATION, UM, METHODS OR REMOVAL METHODS ARE THOSE CHEMICAL REMOVAL METHODS AND, UM, I MEAN I I'M SURE YOU, YOU, YOU GUYS HAVE HAD SUCCESS AND, UH, GOOD TURNOUT, BUT WHAT EFFECT COULD THAT POTENTIALLY HAVE ON, UH, ONE THE BRICK AND MORTAR, BUT TWO, UM, UH, COST? SO THE PAINT REMOVERS THAT WE RECOMMEND ARE SOY GEL BASED, WHICH ARE ENVIRONMENTALLY FRIENDLY AS WELL AS BEING FRIENDLY SPECIFICALLY TO BRICK AND STONE.
THEY ARE SPECIFICALLY MADE TO REMOVE PAINT FROM THESE TYPES OF, UM, MATERIALS BECAUSE, UM, THEY'RE BRICK IS VERY POROUS, RIGHT? AND IT'S, WHEN YOU PAINT IT, IT'S GONNA SUCK THAT PAINT UP RIGHT INTO THAT BRICK.
THE SOY GEL ALLOWS TO KIND OF PENETRATE A LITTLE BIT AND, AND PULL IT OUT OF THE BRICK SO THAT IT REALLY GETS A GOOD REMOVAL AND YOU CAN'T SEE ANY SCARRING.
UM, IT SOMETIMES TAKES MORE THAN ONE APPLICATION DEPENDING ON HOW THICK THE PAINT IS AND HOW LONG IT'S BEEN SITTING THERE.
AND THEN TO, TO THE COST, I MEAN, THIS LOOKS OR APPEARS TO BE SOMEWHERE AROUND A 13 TO 15, MAYBE 18 SQUARE FOOT, 1800 SQUARE FOOT HOME.
UM, AND WE'RE TALKING ABOUT, UM, APPLYING THIS, UM, SOLUTION TO THE ENTIRETY OF THE EXTERIOR OF THE HOME.
UM, ARE YOU, DO YOU, ARE YOU ABLE SPEAK TO THE POTENTIAL COST OF THAT? UM, WE DO NOT TAKE COSTS INTO CONSIDERATION PER THE ORDINANCE.
UM, THAT'S JUST NOT SOMETHING THAT WE HANDLE.
UM, WE, WE TRY TO ENFORCE WHAT IS IN THE ORDINANCE AND IF THE COST IS,
[03:10:01]
WE, IT'S KIND OF WHY WE ASK THEM TO COME SEEK PERMISSION FIRST SO THAT IF THEY MAKE AN ERROR, THEY'RE NOT HAVING TO PAY THESE EXTRA COSTS OUT OF THEIR POCKET.UM, BUT WE, WE DON'T NECESSARILY TAKE THAT INTO CONSIDERATION.
MS. PEREZ, I THINK YOU'RE NEXT.
IF, UH, IF I HAD, IF I WAS IN THEIR SHOES AND I CAME TO YOU AND I SAID, HEY, YOU KNOW, I HAVE THESE BRICKS AND I NEED TO REPLACE 'EM, YOU WOULD'VE SAT DOWN AND SAID, WELL, HERE, DIFFERENT OPTIONS.
HOW MUCH WOULD YOU HAVE CHARGED ME FOR THAT? WE DON'T CHARGE FOR CONSERVATION.
SO THE CITY OF DALLAS WILL HELP ME CONSERVE MY HOUSE THAT I BOUGHT IN THE CONSERVATION DISTRICT.
I MEAN, WE WON'T PAY FOR, FOR THE BRICKS, BUT WE'LL COME OVER AND, AND MAKE ASSESSMENTS AND HELP YOU DISCUSS WITH YOUR CONTRACTOR THE BEST WAY TO GO ABOUT DOING THE WORK.
UH, WHEN SOMEONE BUYS IN CONSERVATION DISTRICT, DOES THE CITY REACH OUT TO THEM OR IS IT UP TO THAT HOMEOWNER TO REACH OUT THE, TO KNOW WHERE THEY'RE BUYING AND TO REACH OUT? SO THE CITY DOES NOT, UM, THERE ARE THOUSANDS OF CONSERVATION PROPERTIES AND THAT WOULD BE A REALLY BIG JOB.
UM, HOWEVER, THE STATE OF TEXAS IS REQUIRED TO DISCLOSE HISTORIC AND CONSERVATION DISTRICTS, AND THAT IS UPON THE REALTOR.
UM, AND IT HAS BEEN A VERY LARGE PROBLEM FOR A NUMBER OF YEARS THAT REALTORS, THEY JUST, THEIR DISCLOSURE JUST IS MISSING A LOT OF TIMES.
I CAN'T TELL YOU HOW MANY TIMES A DAY I GET A PHONE CALL WHERE, OH, I DIDN'T EVEN REALIZE I WAS IN A CONSERVATION DISTRICT.
AND IT'S, IT'S HAPPENS VERY OFTEN.
MS. PEREZ JUST ASKED, WHAT AM I, UM, YEAH, I, I THINK, WELL, I'M NOT HERE TO MAKE RECOMMENDATIONS LIKE THAT, BUT I THINK WE NEED TO DO A BETTER JOB, FIRST OF ALL IN EDUCATING OUR RESIDENTS ON POLICY.
I MEAN, WE DO A REALLY POOR JOB FOR OUR CITIZENS ON THESE THINGS.
AND SO, YOU KNOW, IF WE'RE GONNA BE HELP WITH POLICY MAKING OR, OR, YOU KNOW, GIVEN ANSWERS TO SOLUTIONS, WELL THEN WE NEED TO BE PART OF THE SOLUTION AS WELL.
SO, UM, SO IF YOU CAN SHARE THAT FEEDBACK WITH WHOMEVER, I WOULD APPRECIATE THAT AS WELL.
BUT WE DO NEED TO PROVIDE INFORMATION TO THESE PEOPLE THAT ARE BUYING INTO THESE CONSERVATION DISTRICTS.
SO, UM, IN THE EVENT, UM, THAT THERE IS NO SOLUTION WHERE THEY HAVE TO STRIP THE PAINT FROM THEIR HOMES, UM, WHAT SORT OF TIMELINE ARE THEY GIVEN IN THIS SITUATION? WE'LL WORK WITH THEM.
UM, WE KNOW THAT, YOU KNOW, THEY'RE GONNA HAVE TO SHOP FOR MATERIALS AND THEY'RE GONNA HAVE TO SCHEDULE THAT OUT.
AND, AND SO WE WORK WITH THEM ON A TIMELINE.
UM, IT DOESN'T HAVE TO BE, YOU KNOW, THIS WEEK RIGHT,
'CAUSE WE WANNA MAKE SURE THAT THE BRICK IS, YOU KNOW, GONNA BE THERE TO LAST FOR AS LONG AS IT POSSIBLY CAN BE.
SO AS LITTLE DAMAGE AS WE CAN DO AS POSSIBLE.
QUESTIONS FOR THE ADMINISTRATIVE OFFICIAL.
DOES THE APPLICANT HAVE ANY QUESTIONS FOR THE ADMINISTRATIVE OFFICIAL? PLEASE, MR. LAWSON, YOU'RE WELCOME TO CROSS-EXAMINE.
I JUST HAD MORE COUPLE OF STATEMENTS, SO, OKAY.
SO, AND SORRY, UM, JUST TO CLARIFY, SO WE CAN LET THE OPPOSITION REST AND THEN GO ONTO YOUR REBUTTAL.
JUST MAKING SURE I HAD OUR, OUR UNDERSTOOD WHAT I WAS SUPPOSED TO BE TRACKING IN TERMS OF TIME.
SO AS FAR AS COST, WE DID LOOK INTO THAT WHEN THIS FIRST CAME OUT.
AND SO SHAHEEN WENT IN AND GOT SOME QUOTES.
I'LL LET HIM SHARE WHAT IT WOULD ACTUALLY COST IF WE WERE TO UN PAINT.
SO, UM, THERE ARE A COUPLE OF DIFFERENT ROUTES AFTER SPEAKING WITH SOME OF OUR REPS TO REMOVE THE PAINT.
UM, ONE IS, UH, STRIPES, WHICH IS A CHEMICAL COMPOUND AND IT'S, YOU KNOW, NOT REALLY GOOD FOR THE ENVIRONMENT.
THE LAWS HAVE GOTTEN OVER $30,000 IN LANDSCAPING THAT IT WOULD RUN THE RISK OF DAMAGING THAT.
AND THEN IF THERE ARE MORE, UH, YOU KNOW, MORE ENVIRONMENT, ENVIRONMENTALLY FRIENDLY, UH, CHEMICALS OR, YOU KNOW, PRODUCTS THAT WE WOULD BE ABLE TO USE, WE'RE OPEN TO
[03:15:01]
THAT.SO WE'VE DISCUSSED WITH SOME OF OUR VENDORS, SOME OF THOSE AS WELL, BECAUSE THAT WAS WHAT WAS ORIGINALLY, UH, SUGGESTED.
UM, THEY ARE MATERIALS AND LABOR JUST FOR THE CHEMICALS IS BETWEEN 18 TO 22,000 FOR A 2,500 SQUARE FOOT HOME.
UH, I I RECALL YOU WERE, UH, REQUESTING THE SIZE OF THE HOME, AND SO WE RECOMMENDED A SAND BLAST, WHICH IS, UM, A, A DIFFERENT METHOD TO REMOVE IT.
IT'S NOT PREFERRED, UH, BECAUSE IT WOULD KIND OF STRIP THE TEXTURE, UM, WHICH WOULD ALSO, YOU KNOW, BE UPWARDS OF 25,000.
AND THEN, UH, REGARDING THE SUGGESTION OF, UH, RELOCATING THE BRICK, UH, KIND OF DOUBLES UP THE COST, UH, NOT, NOT ONLY, YOU KNOW, FOR US, BUT, YOU KNOW, RELAYS ONTO THE HOMEOWNER AS WELL.
AND SO TAKING THE MISMATCHED BRICK, UH, RELOCATING OVER A HUNDRED BRICKS TO THE REAR OF THE HOME, UH, AND, AND CHISELING OUT BRICK FROM THE BACK TO BRING IT TO THE FRONT, UM, YOU KNOW, IT, IT'S, IT'S TEDIOUS, UH, TIME CONSUMING, WHICH IS, YOU KNOW, NOT WHAT WE'RE ARGUING.
BUT, UH, AGAIN, THE, UH, DUE DILIGENCE WAS DONE TO TRY TO LOCATE THE BRICK GOING TO FOUR DIFFERENT, UH, YOU KNOW, VENDORS TO SOURCE IT.
AND, YOU KNOW, COMING UP SHORT, WE FOUND A TEXTURE THAT MATCHED AS CLOSELY AS WE COULD, UH, TO TRY TO REMEDY AND THEN WE COULDN'T.
I ALSO ADD THE CONCERN WOULD BE WITH THE CHEMICALS IS ON THE LEFT SIDE OF OUR HOUSE, BETWEEN OUR HOUSE AND OUR NEXT DOOR NEIGHBOR.
THERE'S A VERY LARGE, I DON'T KNOW, THE TYPE OF THE TREE IS, IT'S NOT A LIVE OAK TREE, BUT IT'S BEEN THERE A HUNDRED YEARS.
IT SITS RIGHT BETWEEN OUR PROPERTY LINE, FOUR FEET FROM WHERE THOSE CHEMICALS COULD BE, AND THOSE GROUPS ARE OFF.
WE COULD POTENTIALLY KILL THAT TREE AND I DON'T THINK OUR NEIGHBOR WOULD WANT THAT OR ANYBODY IN THE NEIGHBORHOOD WITH THE CHEMICAL.
THE OTHER THING I WOULD SAY, I AGREE WITH WHAT MR. MILLIMAN SAID, SOMETHING THAT MY WIFE AND I TALKED ABOUT.
I PERSONALLY BELIEVE IF SOMEONE'S BUYING A HOUSE IN THE CONSERVATION DISTRICT, IT DOESN'T HAVE TO BE PAPER BECAUSE WE DON'T WANNA PRINT THIS MUCH PAPER, BUT A WEBSITE LINK THAT SAYS WHEN YOU CLOSE ON YOUR HOME, YOU ARE RESPONSIBLE FOR READING THIS AND THAT.
SOMEBODY SIGNS THAT, OR NONE OF THAT WAS EVEN GIVEN TO US AT ALL.
SO HOW ARE WE, I KNOW WE'RE SUPPOSED TO READ AND RESPONSIBLE.
I TELL MY EMPLOYEE, TELL MY STUDENTS, YOU, YOU GOTTA BE RESPONSIBLE, BUT IT JUST, NOTHING WAS SAID THERE.
SO I'M JUST MAKING THAT SUGGESTION TO THE CITY.
I THINK THAT WOULD HELP FOR MAKING IT EASIER FOR THE CITY, CITY.
ANY FURTHER QUESTIONS FOR THE APPLICANT? NO.
UM, DOES EITHER SIDE WANNA MAKE A CLOSING STATEMENT BESIDES WHAT'S ALREADY BEEN PRESENTED? JUST THANK YOU FOR YOUR TIME.
UH, WOULD ANYONE LIKE TO MAKE MOTION MS. GARNER? IT'S, UM, BEFORE I MAKE MY MOTION, UM, I APPRECIATE Y'ALL BEING HERE TODAY.
I KNOW IT'S DIFFICULT AND, UM, IT'S A COMPLICATED CASE.
UM, BUT WITH EMPATHY, UM, HAVING FULLY REVIEWED THE DECISION OF THE ADMINISTRATIVE OFFICIAL OF THE CITY OF DALLAS AT APPEAL NUMBER BOA DASH 26 DASH 0 0 0 0 4 8 ON APPLICATION OF KEVIN LAWSON, HAVING EVALUATED THE, THE EVIDENCE PERTAINING TO THE PROPERTY AND HEARD ALL TESTIMONY AND FACTS SUPPORT THE APPLICATION, I MOVE THAT THE BOARD OF ADJUSTMENT AFFIRM THE DECISION OF THE ADMINISTRATIVE OFFICIAL AND DENY THE RELIEF REQUESTED BY THE APPLICANT.
WOULD YOU LIKE TO SAY ANYTHING, MS. GARDNER? UM, IT'S, IT'S A DIFFICULT CASE AND YOU KNOW, YOU'RE, THIS IS YOUR HOME AND, UM, AND THERE WERE A LOT OF, UH, FACTORS IN HERE THAT YES, WE, WE ALL SHOULD KNOW, YOU KNOW, AND, UM, AND HOW FAR BACK DO WE GO BEFORE WE START, YOU KNOW, POINTING ONE DIRECTION OR THE OTHER.
SO IT'S NOT AN EASY DECISION TO MAKE YOU GUYS, YOU KNOW, STRIP THE PAINT OFF YOUR HOME THAT YOU LOVE AND YOU WAITED SO LONG TO MOVE INTO.
UM, UM, BUT I THINK IN THE SPIRIT OF THE CONSERVATION DISTRICT, IF IF EVERYONE HAD, YOU KNOW, ASK FOR PERMISSION OR FORGIVENESS LATER, UM, THEN YOU MAY NOT HAVE THE TUTOR, HIGH TUTOR OR TUTOR STYLE HOMES LEFT.
AND, UM, AND, UH, I JUST, I AGREE WITH THE, THE DECISION AND I KNOW IT'S GONNA CREATE A
[03:20:01]
HARDSHIP FOR Y'ALL.UM, BUT LIKE I SAID, WITH EMPATHY, MS. PEREZ, WOULD YOU LIKE TO ANSWER? UH, GOD BLESS THE HOMEOWNER AND GOD BLESS DOUBLY THE HOMEOWNERS IN A CONSERVATION DISTRICT.
UH, IT'S A RESPONSIBILITY YOU ALL HAVE ACCEPTED TO PRESERVE THE HISTORY, OUR SHARED DALLAS HISTORY.
AND IT IS ONE, UH, TO BE APPRECIATED.
I STRONGLY, STRONGLY ENCOURAGE YOU TO PLEASE, UH, USE THIS FREE RESOURCE THAT THE CITY PROVIDES TO FIGURE OUT HOW TO GO FROM HERE TO PRESERVE, UH, WHAT YOU BOUGHT AND, UH, AND KEEP GOING WITH YOUR HOME.
AND, AND IT'S UNFORTUNATE, UH, BUT IT'S A RESPONSIBILITY AND, UH, YOU KNOW, IT JUST PLEASE USE, USE OUR CITY RESOURCES.
ALL I'LL ADD IS IF OUR, UH, DECISION, WELL, ONE THAT ALLOWED US TO WEIGH THE EQUITIES OF THE SITUATION.
THERE'S NO QUESTION THAT WE, WE UNDERSTAND THAT WE DIDN'T NEED TO DO ANYTHING THAT WAS IMPERMISSIBLE AND TRYING TO DO THE RIGHT THING, SOUGHT OUT THE ADDITIONAL BRICKS SINCE THE QUESTION BEFORE US IS WHETHER THE ADMINISTRATIVE OFFICIAL, UM, AIRED, GIVEN THE LANGUAGE ABOUT IN THE DIFFERENT COLOR, BRICKS, ET CETERA.
I THINK WE HAVE TO CONCLUDE THE DATE.
SO ASSUMING NO ONE ELSE WOULD LIKE TO SPEAK, I'LL ASK MS.
MR. SLATE, AYE, MOTION TO AFFIRM TO DENY PASSES FIVE TO ZERO.
AND WITH THAT, MR. LAWSON, JUST NEED SOME GUIDANCE FROM HERE.
UM, AND ONCE THE DECISION LETTER IS ISSUED, UH, I IMAGINE, UH, NOR KINS CAN SPEAK TO YOU, UM, C CAN TO ENGAGE WITH YOU ABOUT THAT.
UM, RIGHT AFTER THIS, I'M ASSUMING THIS IS BEEN TALKED THAT
UM, AND WITH OUR BUSINESS FOR THE DAY CONCLUDED, PANEL C OF THE BOARD ADJUSTMENTS, UH, IS DONE AND I SHALL CALL THE MEETING TO CLOSE AT 4 32.