Sep 15, 2026 Board of Adjustments: Panel A

WAY, AND THEN HILLBURN DRIVE.

UH, A PREVIEW OF OUR AGENDA, THE PUBLISHED AGENDA FOR TODAY, UM, HAS, UM, SIX ITEMS ON IT.

UM, FOR OR SEVEN ITEMS WE'RE GONNA HAVE PUBLIC SPEAKING.

THEN WE'RE GONNA REVIEW OUR MEETING MINUTES FROM, UH, AUGUST 18TH.

THEN WE'RE GONNA TALK.

THEN WE HAVE, UH, FIVE ADDITIONAL CASES.

47 0 1 MYRON DRIVE.

I APOLOGIZE IF I MISPRONOUNCE IT.

TEN SIX SIXTY STRAIGHT LANE, 1937 IRVING BOULEVARD, 66 32 CHURCHILL WAY.

AND THEN FOUR 10 HILLBURN DRIVE.

THAT'LL BE THE ORDER, WHICH WE TAKE THE CASES TODAY.

MEETING MINUTES, MYRON STRAIGHT LANE, IRVING BOULEVARD, CHURCHILL

[00:05:01]

AND THAT IS OUR AGENDA.

ANY QUESTIONS ON THE AGENDA BOARD MEMBERS? OKAY.

FIRST

[V. Miscellaneous Items]

ITEM IN THE AGENDA IS OUR MEETING MINUTES FROM, UH, AUGUST 18TH, THE CHAIR, UM, WILL WELCOME ANY, UH, ANY, UH, MODIFICATIONS.

IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE MR. DORN.

MOTION TO APPROVE.

UH, OUR MEETING MINUTES FROM AUGUST 18TH.

MR. DORN HAS MOVED TO APPROVE.

IS THERE A SECOND? SECOND, SECOND BY MS. DAVIS.

ANY DISCUSSION IN THE MOTION? ALL IN FAVOR, PLEASE SAY AYE.

THOSE OPPOSED MEETING MINUTES ARE APPROVED AS PRESENTED.

FIVE TO ZERO.

NEXT ITEM ON OUR AGENDA IS BO, A 2 6 0 0 0 0 4 0.

[26-2942A Application of Nicholas Lowe for (1) a special exception to the fence height regulations at 4701 MIRON DRIVE. This property is more fully described as Block A/5554, Lot 2, and is zoned R-1ac(A), which limits the height of a fence in the front yard to 4-feet. The applicant proposes to construct and/or maintain a fence/wall ranging from 5-feet to 8-feet in height within a required front-yard along Miron Drive, with the highest point being the fence at the west side of the property at 8-feet and the lowest point being the fence/wall at the west side of the property at 5-feet, which will require (1) a 4-foot special exception to the fence height regulations. Location: 4701 MIRON DRIVE Applicant: Nicholas Lowe Senior Planner: Bryant Thompson Request(s): (1) a special exception to the fence height regulations Staff Recommendation: No staff recommendation. BOA-26-000040]

THIS IS AT 4 7 0 1 MYRON DRIVE.

UH, IS THE APPLICANT HERE PLEASE COME FORWARD.

I ALWAYS DO THIS.

DO WE HAVE ANY PUBLIC SPEAKERS? NO PUBLIC SPEAKERS REGISTER.

DODGE THE BULLET ONCE AGAIN.

NOW YOU CAN COME FORWARD.

NOT YOUR FAULT.

THAT'S MY FAULT.

PUBLIC SPEAKERS ARE TAKEN CARE OF AND MEETING MINUTES ARE TAKEN CARE OF.

ALRIGHT, UH, BO, A 2 6 0 0 0 4 0 AT 47 0 1 MYRON DRIVE.

MS. BOARD SECRETARY, WHO ALL DO WE HAVE REGISTERED TO SPEAK TODAY FOR THIS CASE? JUST THE APPLICANT.

JUST THE APPLICANT.

SIR, IF YOU WOULD, UM, BE SWORN IN BY OUR BOARD SECRETARY AND THEN WE'LL LET YOU PROCEED.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

PLEASE STATE YOUR NAME AND ADDRESS OKAY.

AND THEN PROCEED.

YOU HAVE FIVE MINUTES AND, AND I'M GONNA GIVE YOU WHATEVER TIME'S NECESSARY.

I'LL CUT YOU OFF WHEN YOU'RE REDUNDANT.

BUT I'M GONNA GIVE YOU AS MUCH TIME AS YOU WANT TO PRESENT AND QUESTIONS THAT MAY COME FROM US.

UH, WE BRIEFED YOUR CASE THIS MORNING AT 10 30 AND SO HOPEFULLY YOU, UH, LISTENED OR PARTICIPATED SO YOU CAN GET AN IDEA OF SOME QUESTIONS WE HAVE.

UM, GO AHEAD, GIVE US YOUR NAME AGAIN.

UH, MY NAME IS NICK LOWE.

PLEASE GIVE US YOUR ADDRESS ONE MORE TIME.

UH, OUR ADDRESS IS GOING TO BE NOT THE CASE ADDRESS, BUT OUR OFFICE ADDRESS.

IT'S 1922 ANSON ROAD, DALLAS, TEXAS 7 5 2 3 5.

UH, WELL I'M, MY NAME'S NICK LOW.

HOLD ON A SECOND HERE.

WE'RE HAVING A PROBLEM WITH THE MICROPHONE.

OH, THERE IS A STATIC IN THE BACKGROUND, DAVID.

SO WE'LL HOLD FOR A SECOND.

THIS IS WHAT YOU CALL JOB SECURITY AT CITY HALL RIGHT HERE.

IS THAT BETTER? YEAH.

ALRIGHT, IF YOU CAN START OVER, MR. LOWE.

JUST THE LAST, UH, ABOUT A HUNDRED FEET OF MYRON DRIVE.

UH, MY NAME'S NICK LOWE.

I AM HERE ON BEHALF OF THE HOMEOWNER AT 4 7 0 1 MYRON DRIVE AND TEXAS LANDCARE, UH, TO SEEK A SPECIAL EXCEPTION FOR THE FENCE HEIGHT AND A FRONT YARD SETBACK ALONG MYRON DRIVE, UH, TO CONSTRUCT A SIX TO EIGHT FOOT FENCE CHAIN LINK, UM, IN THAT SETBACK.

AND WE ARE PURSUING THIS EXCEPTION AS WE DO NOT BELIEVE THE FENCE WOULD HAVE AN ADVERSE EFFECT ON THE NEIGHBORING PROPERTIES.

UM, I DID LISTEN IN ON THE BRIEF A LITTLE BIT.

SO BEFORE I GET INTO SOME OF THE PRESENTATION SLIDES WE HAD, I WAS GONNA TRY AND ADDRESS A FEW OF THOSE QUESTIONS.

UH, I KNOW ONE OF THEM WAS WHAT WAS ON THE PROPERTY BEFOREHAND.

POINT THAT MICROPHONE A LITTLE BIT CLOSER TO YOU.

THERE YOU GO.

GOOD MAN.

UM, THE, LET'S SEE HERE.

SORRY.

UH, I'M NOT SURE WHAT WAS ON THE PROPERTY BEFORE.

I DO KNOW THAT THE HOMEOWNER HAS BEEN PURCHASING THESE ADJOINING PROPERTIES, UM, TO THE INTENT TO REPL AND HAVE THEIR PRIMARY RESIDENCE ON THIS.

UM, WHEN IT WAS REPLANTED, IT WAS PLOTTED INTO THREE, UH, SEPARATE BUILDING LOTS.

UM, WE ORIGINALLY SUBMITTED FOR THE ENTIRE PROPERTY AS OUTLINED ON THE, UH, MAP YOU SAW EARLIER WITH ALL THREE LOTS WITH REVIEW WITH THE CITY STAFF, WE DETERMINED THREE SEPARATE APPLICATIONS WOULD BE NECESSARY.

UH, SO WE WERE ABLE TO KEEP THIS APPLICATION FOR LOT TWO ONLY ALONG MYRON DRIVE.

UH, AND WE ARE SUBMITTING SEPARATE APPLICATIONS, UH, FOR THE PARK LANE AND THE OTHER, THE OTHER LOT THAT'S

[00:10:01]

SO THAT'S A LITTLE BIT OF THE BACKGROUND THERE OF WHY THERE'S, UH, MULTIPLE CASES ON, ON THAT.

UM, AND THE NEEDLE LOT ACROSS THE STREET DOES ALSO BELONG TO THE HOMEOWNER THAT YOU SAW WITH THE TEMPORARY FENCING UP.

UM, I DON'T HAVE THE FULL PICTURE OF WHAT'S GONNA GO THERE IN THE END.

I DON'T THINK THAT'S BEEN DETERMINED YET.

UH, OTHER THAN IT'S NOT A STRUCTURE, IT'S JUST SUPPOSED TO BE, UH, SORT OF A, UH, PARK AREA KIND OF, UM, MORE OF A NATURED LANDSCAPED AREA.

UH, SO THEN, UH, NEXT SLIDE PLEASE.

MR. THOMPSON.

I THINK WE CAN SKIP TO AHEAD HERE.

ONE MORE.

SO THIS IS THE SITE PLAN.

WE ARE, UM, YOU CAN SEE IN THE TOP, KIND OF THE TOP LEFT AND THE BOTTOM RIGHT.

THOSE ARE THE TWO LOTS THAT ARE GETTING THE ADDITIONAL APPLICATIONS.

UH, WE'RE CONCERNED ABOUT THIS LOT TOO IN WHITE HERE.

AND THAT SECTION ALONG MYRON DRIVE.

UM, WE PLAN TO PROPOSE TO CONSTRUCT A SIX FOOT FENCE ALONG MYRON DRIVE.

THE EIGHT FOOT SECTION IS, AS IT RETURNS BACK ALONG THE SIDE OF THE PROPERTY BEFORE IT GETS TO THE EDGE OF THE, UH, FRONT YARD SETBACK.

AND THEN IT CONTINUES EIGHT FEET ALONG THERE INTO THE PROPERTY.

UM, NEXT SLIDE PLEASE.

SO JUST A LITTLE BIT CLOSER VIEW ON IT.

UM, THE LITTLE RED ON THE LEFT HAND SIDE OF IT.

NOT SURE IF YOU CAN FULLY SEE IT.

THAT'S THE EIGHT FOOT SECTION.

THE REST OF THIS IS SIX FEET IN HEIGHT.

UM, NEXT SLIDE PLEASE, SIR.

UH, SO THESE ARE THE ELEVATION DRAWINGS.

UM, I KNOW WE'RE NOT REQUIRED TO PROVIDE VEGETATION NECESSARILY, BUT WE DID WANNA SHOW SOME OF THE, UH, CONCEPT RENDERINGS FOR THE PLAN TO HAVE LOTS OF VEGETATION AND GREENERY IN AND BEHIND, IN FRONT OF AND BEHIND THE FENCE A LITTLE BIT, UM, TO KIND OF SCREEN THAT OFF AND GIVE IT A MORE NATURAL, UH, APPEARANCE SO IT'S NOT JUST A, A CHAIN LOAD FENCE.

UM, NEXT SLIDE PLEASE, SIR.

SAME THING AS IT CONTINUES DOWN.

UM, SO LOTS OF, UM, GREENERY VINES TO KIND OF CONCEAL THAT FENCE.

UH, NEXT SLIDE PLEASE, SIR.

AND JUST KIND OF CONTINUES ALONG DOWN MYRON MYRON DRIVE.

UM, NEXT SLIDE PLEASE.

UM, ONE MORE, ONE MORE SLIDE PLEASE.

SO WE DID GO, I SAW ON THE BRIEFINGS THIS MORNING, Y'ALL DID THE, THE ROUTE AROUND, UH, KIND OF AROUND SUNNYBROOK PARK LANE AND ALL THAT TO LOOK AT SOME OF THE NEIGHBORING PROPERTIES.

WE DID THAT AS WELL WITH, UM, SOME OF THE, OOPS, ALL OF THE, UH, PROPERTIES THAT WERE LISTED ON THIS MAP.

UM, IF IT HAD OVER A FOUR FOOT FENCE, WE DID TAKE A PICTURE OF IT JUST TO KIND OF SHOW THE SIMILARITIES IN THE NEIGHBORHOOD THAT WERE NOT, UM, YOU KNOW, CHANGING THE APPEARANCE OF THE NEIGHBORHOOD DRASTICALLY OR ANYTHING.

SO, NEXT SLIDE PLEASE, SIR.

SO, UH, WE'VE GOT THIS ONE HERE.

ANOTHER, UH, SIX FOOT CHAIN LINK FENCE OPENED UP INTO A A, A LAWN AREA.

AND WE'VE GOT MASONRY FENCES, UH, UH, WITH GATES.

WE DO HAVE A GOOD MIX OF, UH, FENCE TYPES AROUND HERE.

JUST AS WE CONTINUE ALONG, MORE MASONRY.

SO, UM, SOME OF THESE EXAMPLES ARE WHY WE WERE PURSUING THIS BECAUSE WE, WE WEREN'T, UH, I GUESS DRASTICALLY CHANGING THE LOOK AND, UH, WANTED TO JUST KIND OF GIVE THE APPEARANCE OF A NATURAL LANDSCAPE AREA.

SO YOU CAN JUST CONTINUE SEEING SOME OF THESE EXAMPLES.

WE GOT A SOLID FENCE THERE.

ANOTHER MASONRY FENCE, A LITTLE SHORTER.

NEXT SLIDE PLEASE, SIR.

ANOTHER SIX FOOT METAL FENCE.

NEXT SLIDE.

ONE MORE MASONRY FENCE WITH METAL.

AND THEN THIS IS THE NEIGHBOR TO THE SOUTH ON MYRON DRIVE.

HE HAS A SIX, PROBABLY SIX, SIX FOOT, UH, OPEN METAL FENCE AS WELL.

UM, THE NEXT SLIDE PLEASE.

YEAH, SEE THIS ONE'S RIGHT OUTSIDE OF OUR DOTTED LINE, I BELIEVE, BUT IT WAS ON THE SAME STREET, SO WE INCLUDED IT.

UM, SO KIND OF THE SIMILAR IDEA WITH THE METAL FENCE, WITH THE VEGETATION KIND OF GROWING IN FRONT OF TO SCREEN THAT.

LOOK.

SIMILAR HERE.

CHAIN LINK.

THE VEGETATION WAS A LITTLE MORE, UH, SPARCE, UH, SPARSE.

THIS ONE'S A LITTLE BIT OUTSIDE OF OUR AREA, UM, BUT IT WAS ALONG THE STREET THAT WE DROVE ALONG THE ROUTE.

SO WE INCLUDED THAT ONE.

UH, SAME DEAL THOUGH.

WE'VE GOT, UH, ABOUT AN EIGHT FOOT COLUMN WITH A 12 FOOT GATE.

SIMILAR HERE.

NEXT SLIDE PLEASE, SIR.

SO WE'VE JUST, WE JUST HAVE MANY EXAMPLES OF AROUND THE NEIGHBORHOOD OF, OF EIGHT, SIX TO EIGHT FOOT FENCES WITH VEGETATION.

[00:15:01]

AND THEN THE REST OF THIS IS JUST ADDITIONAL PHOTOS FROM AROUND THE NEIGHBORHOOD, JUST KIND OF SHOWCASING THE SAME THING.

UM, WE DON'T HAVE TO GO THROUGH THE NEXT, YOU KNOW, 50 SLIDES OR SO THOUGH.

UM, SO I'LL UH, FINISH UP MY TIME HERE AND BE OPEN TO ANSWER ANY QUESTIONS.

I, I MENTIONED THIS MORNING, I'M GONNA GO TO QUESTIONS FROM THE, THE BOARD HERE IN A SECOND.

I MENTIONED THIS MORNING AND I'M MINUTE SINCERELY, THIS IS AN EXHAUSTIVE PRESENTATION ON YOUR PART AND YOU REPRESENTING THE OWNER, UH, SHOULD BE, THE OWNER SHOULD BE KUDO FOR DOING THIS AMOUNT OF HOMEWORK.

'CAUSE IT CLEARLY HELPS THE BOARD LOOK AT THE NEIGHBORHOOD.

OUR CRITERIA, AND I ALWAYS HAVE TO GO TO IT, SO I MAKE SURE IS THE BOARD MAKE RAN A SPECIAL EXCEPTION TO THE FENCE REGULATIONS WHEN IN OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.

IT SOUNDS NEGATIVE, BUT THAT'S WHAT THE CODE SAYS.

THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.

SO WHAT WE'RE TRYING TO FIGURE OUT ON ANY CASE RELATING TO FENCES AND FENCE HEIGHT IN PARTICULAR IS, IS IT ADVERSE? YES, SIR.

AND IS HOW DOES IT AFFECT PROPERTY? SO I THINK YOU'VE GIVEN US A MM-HMM .

A BROAD SENSE.

THE THE DOTTED LINE THAT YOU'RE SPEAKING TO IS TEXAS LAW.

AND IT SAYS THAT WITHIN 200 FEET OF ALL PROPERTIES THAT COME BEFORE THE BOARD OF ADJUSTMENT, OUR STAFF HAS TO NOTIFY THE SURROUNDING PROPERTY OWNERS TO SAY THERE'S A HEARING COMING.

IT DOESN'T SAY WHAT WE DO WITH THE INFORMATION WE GET.

YEAH, IT SAYS A HEARING IS COMING, WHAT IS YOUR OPINION? AND THEN IT'S UP TO THE BOARD TO DECIDE HOW WE MEASURE FOUR AGAINST NEUTRAL INSIDE THE 200 FEET.

OUTSIDE THE 200 FEET.

SO, NO PROBLEM.

QUESTIONS FOR THE APPLICANT, MS. DAVIS? YES.

HI, GOOD AFTERNOON.

IS THE, IS THE OWNER HERE? NO, MA'AM.

SO OWNER'S NOT HERE.

UM, LOOKING AT ALL OF THE PICTURES OF THE NEIGHBORHOOD, AND IT'S A BEAUTIFUL NEIGHBORHOOD AND OBVIOUSLY THE OWNER HAS INVESTED A LOT IN THIS PROPERTY.

I'M NOT SEEING A LOT OF CHAIN LINK FENCES.

I'M SEEING A LOT OF BEAUTIFUL FENCES IN THE NEIGHBORHOOD.

WHY DID THE OWNER DECIDE TO DO A CHAIN LINK FENCE? I, I DON'T HAVE THE, UH, FULL BACKGROUND ON THEIR OPINION OF THAT, BUT FROM THE ARCHITECT'S STANDPOINT, IT WAS, UM, THERE WERE OTHER FENCES WITH THE METAL FENCE WITH THE VEGETATION GROWING THROUGH IT.

UM, AND SO THAT WAS, THAT WAS JUST THE ROUTE THEY CHOSE TO PURSUE WITH THE MATERIAL OF THE FENCE ITSELF.

THEY WANTED THAT VEGETATIVE LOOK THOUGH.

UM, SO THERE, THERE'S SOMEBODY WHO OPPOSED THIS AND HE'S AT 46, 27 MYRON DRIVE.

I'M NOT SURE IF I'M PRONOUNCING THAT CORRECTLY.

WHAT IS THE CORRECT PRONUNCIATION OF THE STREET? I'VE ALWAYS SAID MYRON.

I COULD BE, I COULD BE WRONG AS WELL.

YOU'RE THE APP.

I COULD BE WRONG AS WELL.

SO THAT'S WHAT IT IS.

DID THE OWNER REACH OUT TO SPEAK WITH MR. MILTENBERGER? WHO IS THE RES WHO OWNS THAT PROPERTY? I AM NOT CERTAIN IF THEY SPOKE TO THEM DIRECTLY ABOUT THIS, UH, WE DIDN'T KNOW ABOUT THE LETTER OF OPPOSITION UNTIL THIS MORNING AT THE BRIEFING.

IT, IT WOULD'VE BEEN HELPFUL IF THE OWNER WAS PRESENT, BUT HE OR SHE DIDN'T TAKE THE TIME TO COME.

SO THAT'S, THAT'S ON THEM.

UM, IN MY OPINION, A CHAIN LINK FENCE IS NOT GOING TO, I, I THINK A CHAIN LINK FENCE IS GOING TO NEGATIVELY AFFECT NEIGHBORING PROPERTY.

SO WOULD YOU WANT A CHAIN LINK FENCE FACING YOUR PROPERTY? I DO HAVE TWO POINTS TO THAT.

UM, THE CHAIN LINK FENCE AS SHOWN ON THE SITE PLAN IS A BLACK ENA CHAIN LINK.

IT'S NOT THE GALVANIZED METAL.

AND THEN IN ONE OF THE, UH, EARLIER SLIDES RIGHT AROUND THE CORNER ALONG, UH, I FORGET WHICH STREET THAT IS, THERE IS A GALVANIZED METAL FENCE CHAIN LINK FENCE, UM, THAT STRETCHES THAT, UM, ENTIRE CORNER DOWN THERE.

SO IT'S, IT'S, IT'S NOT THE ONLY CHAIN LINK FENCE IN THE NEIGHBORHOOD AND IT IS A, UH, A DARKER MATERIAL.

SO IT'S NOT GONNA REFLECT SUNLIGHT, THINGS LIKE THAT.

WOULD YOU WANT A CHAIN LINK FENCE ON YOUR PROPERTY FACING YOUR BACKYARD OR YOUR SIDE YARD? I WOULDN'T MIND ONE.

I HAVE ONE RIGHT NOW.

WELL, I'VE SEEN THE PERSON WHO IS OPPOSING THIS, I'VE SEEN THEIR FENCE, WHICH IS A REALLY NICE FENCE MM-HMM .

AND I CAN UNDERSTAND WHY THEY WOULDN'T WANT A CHAIN LINK FENCE BECAUSE OUR CRITERIA IS WHETHER OR NOT IT'S GOING TO AFFECT NEIGHBORING PROPERTY.

AND IN MY OPINION, THAT'S GOING TO, OKAY.

SO UNFORTUNATELY THE OWNER'S NOT HERE, AND THE OWNER ALSO DID NOT REACH OUT TO THIS NEIGHBOR, WHICH HE OR SHE SHOULD HAVE DONE.

SO, UM, NO FURTHER QUESTIONS.

UH, I'LL HAVE A QUESTION OR TWO, THEN I'LL ASK FOR OTHER QUESTIONS.

SO, UM, I'M ZEROING IN ON THE PROPOSED FENCE.

YOU PROVIDED TO THE STAFF, UM, DRAWINGS AND A PICTURE OF THE CHAIN LINK FENCE.

AND I'M GONNA SQUINT MY EYES.

WE HAD THIS CONVERSATION ABOUT, UH, IN THE OLD DAYS YOU'D GET BIG PLA BIG MAPS.

NOWADAYS YOU HAVE TO SQUINT, I'M STILL OF THE OLD DAYS.

AND I'M READING THIS INTO THE RECORD SO WE'RE VERY CLEAR.

UH, AND IF I SQUINT CLOSELY, IT SAYS FENCE AND GATE MATERIAL SPECIFICATIONS.

[00:20:01]

WHAT YOU'RE PROPOSING IS CHAIN LINK.

IT, IT SAYS CHAIN LINK PERIMETER FENCE C SAMPLE PHOTO BELOW.

MM-HMM .

REMEMBER THAT? YOU SUBMITTED THAT.

AND IT SAYS BLACK VINYL COATED TWO INCH OPENING SIZE NINE GAUGE THICKNESS.

HEIGHT VARIES AS NOTED.

THAT'S WHAT YOU'RE REQUESTING? YES, SIR.

AT A MOMENT.

I THOUGHT YOU SAID GREEN, BUT YOU MEANT TO SAY DARK.

YOU SAID DARK RIGHT? I DIDN'T MEAN TO SAY BLACK.

IF I, THAT'S, IF I SAID GREEN, I MEANT TO SAY BLACK.

I THINK I MEANT GREEN OR IN, ACCORDING TO THE PLANS, IT'S BLACK.

THE FENCE ITSELF IS INTENDED TO BE BLANK.

I JUST, WHEN WE, WE WANNA MAKE, WE LIKE TO REACT TO THINGS IN WRITING SO WE SEE EXACTLY WHAT THE APPLICANT WANTS AND THEN WE CAN MAKE A JUDGMENT OF THEREOF.

UM, YOU PROVIDED IN YOUR APPLICATION GREAT PICTURES OF SURROUNDING PROPERTY OWNERS, SOME THAT SHOWED MAGNIFICENT FENCES IN GATES MM-HMM .

AND OTHERS.

A COUPLE HAD SOME, UH, BAR, UH, CHAIN LINK.

AND YOU ALSO PROVIDED ELEVATION DRAWINGS ALONG MYRON, SIX FOOT FENCE AND SO FORTH.

AND IT HAD PICTURES OF ALL THIS GREENERY.

SO TELL ME WHAT YOU'RE TRYING TO TELL US, BECAUSE AT FIRST GLANCE IT SAYS, OH, THEY'RE PUTTING GREENERY NEXT TO THE FENCE.

AND WELL, THAT'S THE, THAT IS THE SORT OF FINAL CONCEPT OF WHERE EVERYTHING WILL BE ONCE ALL THE, THE FENCES UP AND PLANTING IS COMPLETE, IS THAT, UH, THE VEGETATION WOULD GROW, UH, SORT OF IN IT, ON IT AND THROUGH IT TO HIDE THAT FENCE FROM VIEW.

I TOTALLY GET YOU.

AND I, I SOUNDING LIKE SOAPBOX.

I'M ALL FOR PROPERTY RIGHTS AND YOUR, WE REPRESENT A PROPERTY OWNER AT 47 0 1 MYRON, AND I WANT THAT PROPERTY OWNER TO BE ABLE TO, TO PROTECT HIS OR HER PROPERTY RIGHTS.

AND BY RIGHT, YOU CAN HAVE A FENCE, A SOLID FENCE UP TO FOUR FEET IN YOUR, THAT WHOLE STRETCH.

I THINK I READ IN THE RECORD THIS MORNING, IT'S 562 LINEAR FEET.

562 FEET YOU CAN HAVE BY RIGHT UP TO FOUR FEET.

THE MOMENT YOU GO OVER FOUR FEET , RIGHT, WRONG OR OTHERWISE, THE DALLAS CITY COUNCIL SAID YOU NEED TO COME TO THE BOARD OF ADJUSTMENT AND CONVINCE THE BOARD THAT THIS REQUEST IS NOT GONNA NEGATIVE, NOT GONNA ADVERSELY AFFECT NEIGHBORING PROPERTY.

DO YOU SEE THE CASE? WHAT I'M TRYING TO BUILD YOU TO? YES.

SO BY RIGHT, YOU CAN DO WHATEVER YOU WANT UP TO FOUR FEET.

MM-HMM .

OVER FOUR FEET.

YOU HAVE TO COME TO US AND THEN WE MEASURE THAT.

AND AS MS. DAVIS SAID, WOW, WE'RE TALKING ABOUT A CHAIN LINK FENCE EIGHT FEET TALL WITH NO VEGETATION.

WITH NO LANDSCAPING, BECAUSE THAT'S NOT PART OF YOUR REQUEST, IT'S PART OF YOUR PRESENTATION.

, WHICH I LOOKED AT AND WENT, WOW, THAT'LL LOOK GREAT AGAINST THERE.

BUT AS WHEN I LOOKED FORWARD, TH WHEN I LOOKED INTO IT CLEARER, IT'S NOT PART OF YOUR REQUEST, IT'S JUST TO MAKE IT LOOK NICE, BUT NOT PART OF THE REQUEST.

OUR ORIGINALLY SUBMITTED ELEVATIONS DID SHOW ALL OF THE, UH, VEGETATION.

WHAT I'M TALKING ABOUT IS WHAT SUBMITTED FOR CONSIDERATION TODAY.

AT CITY STAFF RECOMMENDATION, WE RESUBMITTED ELEVATIONS WITH ALL OF THE VEGETATION REMOVED.

MS. BOARD ADMINISTRATOR, DID YOU HEAR WHAT HE JUST SAID? ALL RIGHT.

WOULD YOU SAY THAT AGAIN? AT CITY STAFF RECOMMENDATION, WE WERE INSTRUCTED TO REVISE ELEVATIONS WITHOUT VEGETATION SHOWN, UH, SHOWN WITHOUT, WITHOUT VEGETATION SHOWN.

WHO STATED THAT? UM, I HAVE, UH, AN EMAIL FROM THAT I COULD, I COULD GET TO IT.

UM, I THINK IT WAS, I THINK IT WAS MS. DIANA.

I'M NOT A HUNDRED PERCENT ON THAT THOUGH.

SO, UM, THIS CASE AND THE OTHER FOUR CASES WE HAVE TODAY AND THE OTHER CASES WE HAVE SUBSEQUENT MONTHS AND SO FORTH, WE RESPOND BASED ON THE REQUEST, THE PROPERTY RIGHT.

THE REQUEST AND THE STANDARD.

AND YOU'RE HEARING FROM TWO OF THE FIVE SAYING, OOH MM-HMM .

WE'RE HESITANT TO APPROVE EIGHT FEET BLACK CHAIN LINK ON ITS OWN.

BUT THAT'S JUST TWO OF THE FIVE OF US.

REMEMBER, YOU NEED FOUR, SO YES, SIR.

JUST YOU CAN SPOOL ON THAT FOR A SECOND.

OTHER QUESTIONS FOR THE APPLICANT? OKAY, HOLD ON MS. DAVIS.

GO AHEAD.

SO JUST GOING TO THE VE VEGETATION FOR A MOMENT.

WILL THE VEGETATION BE PLANTED OUTSIDE THE FENCE OR INSIDE THE FENCE? I BELIEVE IT WAS A COMBINATION OF BOTH BEFORE WE TOOK THOSE LAYERS OFF.

UM, THERE WERE ADDITIONAL TREES GOING INSIDE.

I DO REMEMBER THAT.

I DON'T THINK TREES WERE BEING PLANTED OUTSIDE, JUST PLANT LIKE SHRUBS AND, UH, VINES AND THINGS LIKE THAT.

ON AND OUTSIDE OF IT.

ATTORNEY'S WALKING AWAY FROM ME AND I'M ABOUT TO POINT TO HER, IS WE'RE TRYING TO DIGEST THE REQUEST.

OKAY, SO THE SIDE BARRING YOU'RE SEEING HERE, I, I WANNA MAKE SURE WE'RE VERY CLEAR.

OH, MY BOARD

[00:25:01]

YOUR RIGHT.

IS YOUR PROPERTY RIGHTS VERSUS WHAT WE'RE, WHAT THE GENERAL FEELING IS EIGHT FOOT BLACK CHAIN-LINK FENCE.

AND WE'RE HAVING THIS VISION OF THAT WITH NO REQUIREMENT OF VEGETATION.

SO I ASKED THE BOARD ATTORNEY, IF THE BOARD SO CHOSE, COULD WE REQUIRE VEGETATION? COULD WE REQUIRE LANDSCAPING? AND MY BOARD ATTORNEY SAID SHE KNOWS I WAS GONNA ASK HER THIS IN THIS INSTANCE, BECAUSE THIS FENCE IS LOCATED ON THE PROPERTY LINE, WE CANNOT REQUIRE VEGETATION ON THE OUTSIDE OF THE FENCE BECAUSE THAT WOULD BE OUTSIDE OF THEIR PROPERTY AND THEN THE RIGHT OF WAY.

AND THAT'S NOT SOMETHING THAT WE CAN CONDITION, UM, BECAUSE IT'S NOT ON THEIR PROPERTY.

AND THAT'S PROBABLY WHY THE STAFF TOLD YOU TO REMOVE IT BECAUSE IT WAS ON THE CITY'S STREET RIGHT OF WAY AS OPPOSED TO YOUR PROPERTY.

I'M JUST GUESSING THAT WOULD BE A CORRECT ASSUMPTION.

I DON'T WANNA ASSUME FOR THE STAFF.

SO NOW THAT DOESN'T MEAN YOU OKAY.

YOU'VE LOST, THAT'S JUST GIVE ME, THAT'S TWO PEOPLE'S OPINION AT THIS STAGE OF THE GAME.

WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? ARE THERE ANY OTHER SPEAKERS SCHEDULED, MS. WILLIAMS, OR IS THIS THE ONLY SPEAKER? UM, NOT FOR THIS CASE, SIR.

YEAH, I'M TALKING THIS CASE.

I APOLOGIZE.

SO, UM, I THINK YOU'RE GETTING SOME FRIENDLY ADVICE.

I DO REPRESENT THE PROPERTY OWNER, BUT NOT IN THIS REQUEST, SO IT'S FINE.

WELL TOTALLY OUTTA, OH WAIT, I, I REALLY CAN'T, MR. MANN, I CAN'T HAVE YOU SPEAK UNLESS I I SWEAR YOU IN AND THEN ACKNOWLEDGE IT.

SO IS THAT WHAT YOU'RE ASKING FOR? SURE.

THAT'D BE GREAT.

SO YOU'RE GONNA HAVE TO FILL OUT ONE OF THOSE BLUE FORMS. YOU GOT IT.

SO YOU CAN FILL THAT OUT AFTER YOU SPEAK.

IF YOU'D GIVE US YOUR NAME AND ADDRESS AND THEN, UH, BE SWORN IN PLEASE.

TOMMY MANN 500 WINSTEAD BUILDING.

I DO REPRESENT THE HOMEOWNERS HERE.

HOLD ON.

BE SWORN IN PLEASE.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.

I I WAS JUST GONNA SUGGEST, 'CAUSE I CAN COUNT TO FOUR THAT , UH, A POSTPONEMENT SINCE THERE ARE ALREADY TWO SISTER REQUESTS TO ALLOW THEM TO CONSIDER A SLIGHT ADJUSTMENT TO THE FENCE LOCATION AND INCORPORATE VEGETATION ON THEIR PROPERTY OR OTHERWISE MIGHT BE SOMETHING FOR YOU ALL TO CONSIDER IN LIEU OF A DENIAL.

SHOULD YOU BE HEADED THAT DIRECTION? BECAUSE I KNOW THESE PROPERTY OWNERS WILL PUT VEGETATION OUT THERE, SO IF IT'S JUST A MATTER OF MAKING SURE THE DESIGN CORRECTLY REFLECTS YOUR ABILITY TO REQUIRE THAT THEY WOULD HAVE NO OBJECTION.

ANY OTHER QUESTIONS THAT MR. ROGERS YOU HAVE? YEAH, YOU, WELL, YOU CAN MAKE YOUR COMMENTS, BUT THEY HAVE TO BE IN TERMS OF QUESTIONS, .

SO ANY, ANY QUESTIONS FOR THE APPLICANT? SO YOU'RE REPRESENTING THE APPLICANT TODAY.

UM, UH, WE CAN PROCEED WITH A MOTION TO APPROVE, TO DENY OR TO HOLD OVER.

UM, I DON'T THINK YOU'RE GONNA GET APPROVED BASED ON WHAT'S PRESENTED, BUT I CAN'T SPEAK FOR THE PANEL.

THAT'S JUST MY OPINION.

UH, DO YOU WANT US TO CONSIDER YOUR REQUEST AS PRESENTED? DO YOU WANNA AMO AMEND YOUR, YOUR REQUESTS? UM, THIS IS NOT THE PLANNING COMMISSION.

WE DON'T NEGOTIATE THE PODIUM OR THE COUNCIL.

THIS IS, WE DEAL ON A CASE BY CASE BASIS BASED ON THE FACTS PRESENTED.

SORRY.

NO, YOU'RE, YOU'RE FINE.

UM, WITH WHAT WE'VE ALL JUST BEEN DISCUSSING HERE, I THINK MAYBE A POSTPONEMENT IS THE, THE PROPER WAY TO GO.

A HOLDOVER.

IS THAT OKAY? IS THAT HOW YOU'RE PHRASING THAT? HOLD THAT THOUGHT.

UM, MS. BORDER ADMINISTRATOR, UH, WHAT'S A REASONABLE TIME TYPE TIMETABLE IF THE BOARD SO CHOOSE, CHOOSE TO HONOR THE REQUEST TO POSTPONE, TO AMEND THE PLANS.

UH, POSTPONED FOR OCTOBER OR POSTPONED TO NOVEMBER.

I WOULD SAY NOVEMBER.

SO DO YOU HAVE A DATE SPECIFIC SO THAT WE VERY, WE'RE SPEAKING VERY CLEARLY TO THE PROPERTY OWNER.

GIVE ME ONE SECOND.

NOW, BOARD MEMBERS CORRECT ME IF YOU, IF YOU WANT TO PROCEED, UH, ON THE REQUEST AS IS, WE CAN AND WE CAN TAKE A VOTE.

I WOULD, WOULD I LIKE TO PROCEED AS IS.

OKAY, THAT'S FAIR.

MAYBE PUT FORTH A MOTION MYSELF.

THAT YOUR MOTION'S IN ORDER I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA 2 6 0 0 0 4 0 ON APPLICATION OF NICHOLAS LOWE.

GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE

[00:30:01]

AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED.

THE FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF THE SUBMITTED SIDE PLAN AND ELEVATIONS ARE REQUIRED.

MR. ROGERS IN THE MATTER OF BO A 2 6 0 0 0 4 0 MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION TO EIGHT FOOT HIGH, UH, AND THE F EIGHT FOOT TO, TO CONSTRUCT OR MAINTAIN EIGHT FOOT HIGH FENCES.

A SPECIAL EXCEPTION.

IT'S BEEN MOVED AND SECONDED.

DISCUSSION OF THE MOTION.

MR. ROGERS.

I THINK WHAT WE HAVE THE INFORMATION IN OUR DOCKET WAS MORE THAN ENOUGH TO GO BY THE STANDARD, WHICH IS RIGHT, NOT ADVERSELY THE NEIGHBORING, UM, PROPERTY.

YOU HAVE SHOWN US THAT THERE ARE ACTUALLY MULTIPLE CHAIN LINK FENCES ON SURROUNDING PROPERTIES.

IN FACT, THERE IS A CHAIN LINK FENCE ON PROPERTY IDENTIFIED AS NUMBER THREE, WHICH IS ADJACENT TO THE SUBJECT PROPERTY AND ALSO THE PROPERTY THAT WAS IN OPPOSITION.

UM, SO BEING THAT YOU ALL ARE, UM, OFFERING A, UH, A CHAIN LINK FENCE THAT IS ALREADY IN THE NEIGHBORHOOD, UM, THE FI THE, THE HEIGHT WAS NOT AN ISSUE.

I THINK MORE SO THE MATERIAL WAS OF CONCERN, BUT THEN AFTER LOOKING AT THE NEIGHBORING PROPERTIES AND SEEING MULTIPLE, UM, EVEN ALSO, UH, ADJACENT TO NOT JUST THE SUBJECT PROPERTY, BUT THE ONE PROPERTY THAT WAS IN OPPOSITION, I THINK THAT IS, YOU KNOW, BY FAR, UH, ENOUGH NEEDED.

THANK YOU MR. ROGERS DISCUSSION ON THE MOTION.

MS. DAVIS? I WILL NOT BE SUPPORTING THIS MOTION.

I BELIEVE THE OWNER SHOULD HAVE REACHED OUT TO THE NEIGHBOR THAT IS, UH, NOT HAPPY WITH THE PROPOSED FENCE.

I BELIEVE CURRENTLY THAT IT COULD HAVE A VERY NEGATIVE IMPACT ON THE VALUE OF HIS OR HER PROPERTY.

UM, SO THAT IS WHY I AM NOT SUPPORTING THE MOTION.

OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IS TO GRANT MR. FLEMING, I ALSO, UH, WILL NOT BE SUPPORTING THE MOTION.

I WOULD THINK THAT ABSENT THE NEIGHBOR'S INPUT, JUST IF I'M MAKING MY OWN EVALUATION, IT SEEMS LIKE THIS IS THE SORT OF FENCE THAT WOULD PROBABLY ADVERSELY AFFECT NEIGHBORING PROPERTIES.

I DON'T THINK THAT IT'S OF THE AVERAGE QUALITY OF THE NEIGHBORHOOD, THE FACT THAT THERE ARE OTHER FENCES THERE.

I WOULD JUST LOOK AT THAT AND SAY THAT IF I HAD BEEN ON A PANEL WHENEVER THOSE FENCES WERE PRESENTED, I WOULD'VE JUDGED THAT THOSE WOULD'VE AVERSELY AFFECTED NEIGHBORING PROPERTIES.

AND THEN WHENEVER I'M ALSO INCLUDING IN THAT THE NEIGHBORS SAY THAT IN THEIR OPINION, IT, IT WOULD AFFECT THEIR PROPERTY.

UH, YOU KNOW, IIII FEEL COMFORTABLE, UM, NOT SUPPORTING THE MOTION.

THANK YOU MR. FLEMING.

OTHER DISCUSSION ON THE MOTION.

MOTION ON THE FLOOR IN BO.

A 2 6 0 0 0 0 4 0.

UH, IS A MOTION TO GRANT THE EIGHT FOOT HIGH, UH, SPECIAL EXCEPTION FENCE.

THE BOARD SECRETARY WILL CALL THE VOTE.

MOTION TO GRANT FAILS IN THE MATTER OF BO 8 2 6 0 0 0 0 4 0.

THE BOARD ON A VOTE OF ONE TO FOUR, UH, DENI OR THE VOTE OF FOUR TO ONE, UH, DENIES THE REQUEST.

UH, IT FAILS 'CAUSE IT DOES NOT HAVE THE REQUISITE 75%.

THAT GIVES US THE OPTION OF TWO THINGS.

WE CAN LET THAT, UH, STAND, WHICH TURNS INTO A DENIAL WITH PREJUDICE FOR TWO YEARS, BUT WE'RE NOT GONNA DO THAT.

UM, UH, IN THE MATTER OF, UM, SO, UM, HOLD ON A SECOND.

SO, UH, MS. BOARD ADMINISTRATOR, I'LL GIVE YOU A, A, A VOICE ON THIS.

WE COULD POST, WE COULD, SINCE THERE IS NO MOTION ON THE FLOOR SINCE IT, THE PREVIOUS MOTION FAILED, WE COULD POSTPONE THE MATTER FOR TWO MONTHS.

AND HAVE YOU HAVE THE APPLICANT WORK WITH YOU? I CAN TELL THE APPLICANT IS THOROUGH BY VIRTUE AS APPLICANT.

THAT'S PROBABLY WHAT I'D PREFER.

OR IS IT BETTER JUST TO DENY AND HAVE HIM START OVER? UH, YOUR OPINION, YOUR PROFESSIONAL OPINION? I THINK A POSTPONEMENT WOULD, I CAN'T HEAR YOU.

I THINK A POSTPONEMENT WOULD REVISE PLANS WOULD BE, UM, WOULD BE GOOD.

SO, UM, IS IT YOUR REQUEST, SIR, FOR DENIAL OR FOR POSTPONEMENT TO RESUBMIT SOME PLANS? A POSTPONEMENT.

REVISED DOCUMENTS, UM, NEEDING TO BE SUBMITTED BY OCTOBER 23RD.

UH, I MOVE TO THE BOARD OF ADJUSTMENT APPEAL NUMBER BO 8 2 6 0 0 0 0 4 0 HOLD THIS MATTER UNDER ADVISEMENT UNTIL NOVEMBER 17TH.

NOVEMBER 17TH, WITH

[00:35:01]

I'M NOT PUTTING THAT IN THE MOTION, BUT YOU'RE HEARING THIS, SIR.

WHAT'D YOU SAY? OCTOBER 23RD IS THE DEADLINE BY WHICH WE WOULD NEED REVISED PLANS.

MS. DAVIS, NO FURTHER DISCUSSION.

SO THE CHAIR, THE CHAIRMAN HAS MOVED TO POSTPONE, UH, THE MO PUT IT UNDER ADVISEMENT UNTIL THE NOVEMBER 17TH, 2026.

IS THERE A SECOND? SECOND DISCUSSION ON THE MOTION, UH, BOARD MEMBERS APPLICANT, I THINK YOU DID A GREAT JOB OF DOING A SURVEY AND THAT SORT OF THING.

I THINK, HOWEVER, IN THIS ONE PERSON'S OPINION, UH, EIGHT FOOT CHAIN LINK FENCE WOEFULLY LACKS THE CREDIT THAT THE NEIGHBORHOOD DESERVES.

AND OUR CRITERIA IS SIMPLY, DOES IT ADVERSELY, DOES IT NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES? SO, UH, I'M NOT A LANDSCAPE EXPERT, NOR DO I WANT TO BE.

UM, BUT I THINK IN THE SCALE AND PROPORTION WITH THE PROPERTY THAT'S UNDER DEVELOPMENT AND THE NEIGHBORHOOD IS WHAT YOU SHOULD BE LOOKING AT AS IT RELATES TO PROPOSED ALONG THAT STRETCH.

THAT'S JUST MY OPINION.

BOARD MEMBERS, I WOULD ENCOURAGE YOU TO SUPPORT THE MOTION DISCUSSION.

THE MOTION.

OTHER DISCUSSION ON THE MOTION, MR. FLEMING? YEAH, I'LL BE SUPPORTING MOTION AND, UH, I I I WOULD JUST SAY THAT I'M, I'M AN ALTERNATE, SO I WILL LIKELY WON'T BE HEARING IT AT THE NEXT TIME, BUT IF I WERE HERE, UH, I WOULD HOPE TO HEAR SOMETHING THAT WAS AS A RESULT OF EXTENDED CONVERSATIONS WITH THE NEIGHBOR WHO SUBMITTED THE LETTER.

I, ANYTHING THAT THE NEIGHBOR WHO SUBMITTED THE LETTER IS COMFORTABLE WITH IS LIKELY SOMETHING I WOULD BE COMFORTABLE WITH.

THE LAW, THE ORDINANCE, OUR RULES DON'T REQUIRE YOU, BUT IT'S CERTAINLY PART OF THE FACTORS THAT COME INTO PLAY.

IT'S AMAZING HOW MANY TIMES THINGS COME TO US AND THE PROPERTY DOESN'T, HASN'T TALKED TO ANYONE.

AND WE KIND OF GO, WHAT? DOESN'T MEAN YOU HAVE TO HAVE THEIR APPROVAL, BUT YOU HAVE TO BE PART OF THIS NEIGHBORHOOD THING.

OKAY, THANK YOU MR. FLEMING.

ANY OTHER DISCUSSION ON THE MOTION? MOTION ON THE FLOOR IS TO, UH, HOLD THIS, UH, 2 6 0 0 0 0 4 0 UNDER ADVISEMENT UNTIL NOVEMBER 17TH, 2026.

CAN YOU MAKE THE SUBMITTAL DEADLINE THAT THE STAFF MENTIONED? YES, I BELIEVE SO.

CAN YOU MAKE THE DEADLINE? YES, WE CAN MAKE THAT DEADLINE.

BOARD, UH, SECRETARY, PLEASE CALL THE VOTE.

MS. DAVIS? YES, MR. DORN? AYE.

MR. FLEMING? AYE.

MR. ROGERS? AYE.

MR. CHAIRMAN, AYE.

MOTION TO HOLD OVER PASSES 5 2 0 IN THE MATTER OF BOA 2 6 0 0 0 0 4 0.

THE BOARD UNANIMOUSLY ON A FIVE TO ZERO VOTE, UH, IS GONNA HOLD THIS ITEM UNDER ADVISEMENT UNTIL NOVEMBER 17TH, 2026.

THANK YOU, SIR.

WE'LL SEE YOU THEN.

NEXT ITEM ON THE AGENDA IS BO OA 2 6 0 0 0 0 5 4 AT 1 0 6 6 0 STRAIGHT LANE.

OKAY, THIS COMES HERE.

GIVE ME A SECOND TO MOVE ALL MY PAPER.

[26-2943A Application of Morgun Brown for (1) a special exception to the fence height regulations, and for (2) a special exception to the fence opacity regulations at 10660 STRAIT LANE. This property is more fully described as Block F/5518, Lot 9, and is zoned R-1ac(A), which limits the height of a fence in the front yard to 4-feet, and requires a fence panel with a surface area that is less than 50 percent open not be located less than 5-feet from the front lot line. The applicant proposes to construct and/or maintain a fence/wall ranging from 7-feet 10-inches to 13-feet in height within a required front yard, with the highest point being the gate at 13-feet and the lowest point being the fence/wall at 7-feet 10-inches, which will require (1) a 9-foot special exception to the fence height regulations, and to construct and/or maintain a fence in a required front yard with a fence panel having less than 50 percent open surface area located less than 5-feet from the front lot line, which will require (2) a special exception to the fence opacity regulations. Location: 10660 STRAIT LANE Applicant: Morgun Brown Senior Planner: Bryant Thompson Request(s): (1) a special exception to the fence height regulations, and for (2) a special exception to the fence opacity regulations Staff Recommendation: No staff recommendation. BOA-26-000054]

IS THE APPLICANT HERE PLEASE COME FORWARD.

I'M SORRY.

SEE THE BROTHER SPEAKER.

OH, I WILL ONCE YOU'RE HERE.

MR. MANN, COME ON.

UM, MS. BOARD SECRETARY, WHO ALL DO WE HAVE FOR REGISTERED SPEAKERS FOR THIS CASE? THE APPLICANT, SIR.

SEE WHAT? SEE HOW THE CHAIRMAN DOES THAT? YOU GOT IT? OKAY.

UM, LET ME GET OUR LETTERS OUT HERE A SECOND.

UH, THERE'S ONE LETTER IN THE FOLDER THAT'S COMING TO US.

I'M PASSING THIS DOWN.

THE, THE RUN.

UH, AND THE FENCE THAT IS OUT THERE NOW IS ACTUALLY AS MUCH OF THAT FENCE AS COULD BE, UH, RETAINED AND REDONE TO BE CONSTRUCTED.

UM, IF YOU, YOU'VE ALREADY BEEN SWORN IN, SO YOU'RE LUCKY.

YOU'RE LUCKY DAY.

GREAT.

UH, YOU, YOU, OUR RULES AND PROCEDURES SAY THAT YOU ARE ALLOWED FIVE MINUTES TO PRESENT.

I'LL GIVE YOU AS MUCH TIME AS YOU NEED.

YOU COULD PRESENT UNTIL YOU'RE REDUNDANT, THEN I'LL CUT YOU OFF.

GOT IT.

SO PLEASE PROCEED.

TOMMY MANN 500 WINSTEAD BUILDING, UH, REPRESENTING THE HOMEOWNER AND APPLICANT.

RATHER THAN FOCUS ON THE STANDARD, WHICH I'LL ADDRESS BASED ON THE BRIEFING, I WANT TO JUST GIVE A LITTLE BIT OF A EXPLANATION AS TO HOW WE ARRIVED BACK HERE TODAY.

UM, SO GOING BACK BEFORE THE ORIGINAL APPROVAL TWO YEARS AGO, THERE WAS A DIFFERENT HOME ON THIS PROPERTY AND AN EXISTING FENCE THAT ITSELF HAD RECEIVED A FENCE HEIGHT, SPECIAL EXCEPTION TO BE CONSTRUCTED.

[00:40:02]

NOW WHAT HAPPENED FROM THAT APPROVAL TILL NOW IS THIS HOUSE HAS BEEN UNDER CONSTRUCTION FOR THREE YEARS.

THERE HAVE BEEN MULTIPLE BUILDING PERMITS ISSUED, UH, IN ORDER FOR THE HOME TO BE CONSTRUCTED.

AND THERE HAVE BEEN MULTIPLE INSPECTIONS ON THE SITE.

AND THE FENCE IS THERE ONE OF THOSE I WANNA HIGHLIGHT IN PARTICULAR, WHICH IS AT THE NORTHERN END OF THE FENCE, THERE'S A POND AND THERE'S A DRAINAGE EASEMENT THERE.

AND WE ACTUALLY HAD TO RE-ENGINEER HOW THE WATER GETS INTO THAT DRAINAGE AREA AND GET ENGINEERING PLANS APPROVED THROUGH THE CITY BECAUSE THAT NEW CONCRETE PIPE ACTUALLY GOES THROUGH THE FOOTING OF THE FENCE.

SO ALL OF THOSE CONSTRUCTION DRAWINGS WERE REVIEWED AND APPROVED AND THE CONSTRUCTION OF THAT WAS SUPERVISED AND INSPECTED.

THE WHOLE HOUSE WAS BUILT AND IT'S, THEY'RE READY TO MOVE IN AND THE FINAL INSPECTION SHOWS UP AND SAYS, HEY, THERE'S NO OPEN FENCE PERMIT ON THE RECORD.

CAN YOU OPEN UP A FENCE PERMIT? AND WHY THERE WASN'T ONE.

THAT'S THE PART I CAN'T GIVE YOU A GOOD ANSWER.

THERE ISN'T ONE THERE.

BUT I MENTIONED THE REST OF THE HISTORY.

SO YOU KNOW THAT THIS WAS NOT CONSTRUCTED UNDERCOVER OF DARKNESS OR WITHOUT INSPECTION OR WITHOUT ENSURING THAT IT'S STRUCTURALLY SOUND AND ALL THOSE SORTS OF THINGS.

BUT WHEN THEY WENT TO GET AN OPEN FENCE PERMIT, WHICH FRANKLY WOULD'VE BEEN IMMEDIATELY CLOSED AND THEN ALLOWED THEM TO MOVE IN, THEY SAID, HEY, IT'S BEEN TWO YEARS SINCE THE APPROVAL.

NOW I WILL SAY IN THE 20 YEARS I'VE BEEN DOING THIS, MY UNDERSTANDING OF THAT INTERPRETATION HAS ALWAYS BEEN THE 180 DAY PERMIT RULE IS NOT SPECIFIC TO THE FENCE.

IT'S ANY BUILDING PERMIT.

AND THERE WERE, AND HAVE BEEN MULTIPLE BUILDING PERMITS, BUT WE WERE INFORMED, NO, IT'S ACTUALLY THE FENCE PERMIT, NOT ALL THE OTHER PERMITS THAT HAVE HAPPENED.

SO NEITHER HERE NOR THERE, NO NEED TO ARGUE OVER THAT NECESSARILY BECAUSE THIS STANDARD, THANKFULLY, IS NOT A HARDSHIP STANDARD.

IT'S THE SAME ONE YOU JUST WRESTLED WITH, WHICH IS, IS THERE AN ADVERSE EFFECT ON NEIGHBORING PROPERTY? AND HERE, GIVEN THAT OFFENSE EXISTED HERE PRIOR TO THIS ONE BEING REAPPROVED AND CONSTRUCTED AND HAS BEEN THERE AND THERE IS NO OPPOSITION, AND I THINK TWO LETTERS OF SUPPORT WERE GLEANED, UH, FROM THE NEIGHBORHOOD AND SUBMITTED BY THE CONTRACTOR, WE THINK WE SATISFIED THE STANDARD AND AN APPROVAL IS APPROPRIATE.

BUT I KNOW YOU APPRECIATE AN EXPLANATION FOR HOW WE GOT HERE AND THAT THIS WASN'T SOMETHING THAT WAS INTENDED TO BE DONE AND ASKED FOR FORGIVENESS.

THERE WAS A MISUNDERSTANDING AS TO WHETHER THE PERMISSION WAS GRANTED.

MR. MANN, I HAVE A QUESTION FOR YOU.

WELL, I'M CHUCKLING IN, IN YOUR INTERPRETATION ON BEHALF OF YOUR OWNER IN SAYING THAT THE 180 RULE 180 DAY RULE APPLIES TO ANY PERMIT ISSUED AS OPPOSED TO THE PERMITS THAT THE BOARD CONSIDERED.

HOW COULD THAT LOGIC HOLD? IT'S BEEN LIKE, 'CAUSE IT'S NONE OF OUR BUSINESS FOR ELECTRICAL PERMIT OR FOR A PLUMBING PERMIT OR FOR A FOUNDATION PERMIT.

SO THAT, THAT'S A TOTAL DISCONNECT ON YOUR INTERPRETATION OF THE 180 DAY RULE.

SO THE, THE CODE PROVISION AND EVEN THE LETTER, RIGHT, IT JUST SAYS, AND I BROUGHT IT TO THE EXTENT IT MATTERS, A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY.

IT DOESN'T SAY THE FENCE PERMIT AND THEY DON'T ACTUALLY ISSUE COS FOR HOUSES, THEY JUST DO FINAL INSPECTIONS.

SO MY EXPERIENCE HAS ACTUALLY BEEN ANY PERMIT SATISFIED.

BUT I, AGAIN, I CAN'T POINT YOU TO A PROVISION OF THE CODE THAT DISAGREES WITH WHAT YOU'RE SAYING.

AND CONCEPTUALLY WHAT YOU'RE SAYING MAKES TOTAL SENSE.

I ONLY POINTED OUT, SO YOU KNOW THAT WE DIDN'T ATTEMPT .

AND THE CITY COUNCIL DOES NOT WANT US TO ISSUE A VARIANCE OR A SPECIAL EXCEPTION AND HAVE IT LINGER WHEN IN 180 DAYS CIRCUMSTANCES CAN CHANGE.

WE'RE GONNA KEEP HAVING THIS DISCUSSION, WHICH IS SECONDARY TO YOUR REQUEST.

BUT YOU'RE THE ONE PICKING THE FIGHT.

I'M NOT TRYING TO FIGHT.

YEAH, I'M JUST TRYING TO THE EXPLANATION.

YOU ALREADY DID.

'CAUSE I'M GONNA HAVE MY BOARD ADMINISTRATOR DEFEND THE BOARD'S INTENTION.

AND OUR INTENTION IS IF WE GIVE A, WE AUTHORIZE A SPECIAL EXCEPTION OR VARIANCE, 180, 80 DAYS FROM THAT AUTHORIZATION.

THE, THE CLOCK TICKS.

AND THERE HAVE BEEN SEVERAL OCCASIONS WHERE WE'VE BEEN SPECIFIC ABOUT IT.

SO MS. BOARD ADMINISTRATOR, IF YOU'D FURTHER ED FOR FURTHER EDUCATE.

SO YES, AS IT RELATES TO A BUILDING PERMIT WITHIN 180 DAYS, 180 DAYS, THAT PERMIT HAS TO BE RELEVANT TO THAT PARTICULAR REQUEST.

SO AN ELECTRICAL PERMIT, A PLUMBING PERMIT, NONE OF THAT IS RELEVANT TO A FENCE PROJECT OR A FENCE OR CONSTRUCTION OF OFFENSE.

IT HAS TO BE RELEVANT TO THE REQUEST.

AND I PROMISE YOU, MR. MANN, WHETHER IT BE FOR CLIENTS THAT YOU REPRESENT OR ANYONE ELSE IN THE CHAMBER OR ANY OTHER CASE THAT GOES ON, THAT'S OUR STANDARD.

AND IF WE DON'T APPLY THAT, SHAME ON US AND SHAME ON THE STAFF.

BUT THE STAFF IS VERY MUCH AWARE THAT WHEN WE'LL MAKE AN APPROVAL ON SOMETHING, IT'S 180 DAYS.

AND THE REASON WHY THAT'S IN PLACE, CITY COUNCIL DECIDES THAT.

BUT THE REASON WHY I'M THINKING IS CIRCUMSTANCES CHANGE

[00:45:01]

SO IT'S MOVE ON WITH THE REQUEST THAT YOU HAD WITH THE CONTEMPORARY INFORMATION AS OPPOSED TO DATED INFORMATION.

SO FAIR ENOUGH.

AND, BUT A NEW APPLICATION'S BEEN MADE.

IT'S BEEN RENO, THERE'S NO OPPOSITION.

SO HOPEFULLY THAT, BUT YOU KNOW, SOMETHING, PART OF WHAT WE DO HERE IS LOOK AT INTENTIONS.

AND THAT WE LOOK, WE LOOK AT INTENTIONS.

NO, THAT'S FAIR.

AND THAT'S WHY I POINTED OUT THE FACT THAT THERE WERE ACTUALLY PERMIT PLANS APPROVED THAT INCLUDED THE FENCE.

THERE WERE INSPECTIONS MADE, CONSTRUCTION INVOLVING IT, ALL THOSE THINGS.

SO THERE WAS NO INTENT TO OBVIATE A REVIEW OR INSPECTION OF THE FENCE.

THAT'S WHY I POINTED THAT OUT.

BUT NOMINALLY A FENCE PERMIT RATHER THAN AN ENGINEERING PERMIT TO CONSTRUCT UNDER THE FENCE SHOULD HAVE BEEN COUPLED WITH IT.

AND THAT IS OUR FAULT AND OUR MISTAKE.

BUT I I I DID POINT IT OUT TO YOUR POINT.

SO, YOU KNOW, THERE WASN'T AN INTENT TO AVOID ANYTHING, DISCUSSION OR QUESTIONS FOR THE APPLICANT, MS. DAVIS.

WAS THERE A CHANGE IN OWNERSHIP AT ALL? NO.

NO.

I MISSED THE, OKAY.

THESE FOLKS OWNED IT BACK THEN TOO.

THE, THE, SO THIS NEIGHBORHOOD IS OBVIOUSLY CHARACTERIZED MM-HMM .

BY LARGE HOMES AND LARGEST STATE LOTS.

THE PREVIOUS HOME ON THIS SITE ALSO GOT A FINSIGHT SPECIAL EXCEPTION, BUT THAT HOME HAS NOW BEEN DEMOLISHED AND REBUILT WITH A NEW HOME.

SO, SO THE FENCE WAS APPROVED AND PERMITTED, BUT IT LEFT, NEVER PERMITTED.

IT WAS NEVER PERMITTED A SEPARATE FENCE PERMIT.

OH, IT WAS APPROVED, BUT YOU NEVER GOT THE PERMIT SO THAT IT LAPSED OVER 180 DAYS.

IT'S BEEN A COUPLE OF YEARS, SO THAT CORRECT.

GOT IT.

GOT LOTS OF OTHER PERMITS WAS MY POINT, BUT YES.

I JUST WANTED TO CLARIFY THE TIMING OF ALL THAT AND I THINK I'M GOOD.

MM-HMM .

OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION.

MS. DAVIS, I'M NOT SURE I HAVE THE RIGHT ONE.

HANG ON.

I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 4 0 54 ON APPLICATION OF MORGAN BROWN.

GRANT, THE RE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH THE MOST RECENT VERSION OF THE SUBMITTED SITE PLAN AND ELEVATIONS ARE REQUIRED IN THE MATTER OF BO A 2 6 0 0 0 0 5 4.

MS. DAVIS HAS MOVED TO GRANT THE REQUEST, UH, TO MAINTAIN CONSTRUCT EXTRA CORRECTION, MAINTAIN IS AUTHORITY CONSTRUCTED A NINE FOOT, UH, OFFENSE, SPECIAL EXCEPTION.

IS THERE A SECOND, SECOND, SECOND BY MR. ROGERS DISCUSSION OF THE MOTION.

I'M SUPPORTING THIS MOTION BECAUSE I DO NOT BELIEVE THE FENCE WILL NEGATIVELY ADVERSELY AFFECT NEIGHBORING PROPERTY.

I'M NOT HAPPY THAT THE, THE PERMIT WASN'T ISSUED AND THAT YOU LET THAT LAPSE, BUT THAT'S NOT PART OF OUR CRITERIA.

I DO THINK IT'S A, A REALLY LOVELY FENCE AND I I DON'T THINK IT WILL ADVERSELY AFFECT NEIGHBORING PROPERTY, WHICH IS WHY I'M SUPPORTING MOTION.

THANK YOU MS. DAVIS.

MR. ROGERS DISCUSSION ON THE MOTION.

SHARE IN MRS. DAVIS'S SENTIMENTS OTHER DISCUSSION ON THE MOTION? I'M TORN ON THIS ONE.

I DON'T KNOW IF IT'LL MATTER.

I GUESS IF THERE'S FOUR VOTES IT'S APPROVED.

I DON'T CARE FOR THE APPLICANT'S APPROACH TO THIS AND I'M LOOKING AT THE CRITERIA AND TRYING TO BALANCE THAT WITH THE CRITERIA.

SO THAT'S MY OPINION.

ANY OTHER DISCUSSION ON THE MOTION? THE BOARD SECRETARY WILL CALL THE VOTE.

MR. CHAIRMAN, I'M GONNA VOTE YES ONLY BECAUSE I'M LOOKING AT THE SPECIFIC LETTER OF THE CRITERIA BECAUSE I TRY TO FOLLOW THE LAW.

OF MORGAN BROWN GRANT THE REQUEST OF THIS APPLICANT TO CONS TO MAINTAIN A FENCE WITH A PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.

MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO 8 2 6 0 0 0 5 4 THE BOARD ON A VOTE OF FIVE TO ZERO GRANTS THE REQUEST FOR A SPECIAL EXCEPTION TO MAINTAIN A NINE FOOT HIGH, UM, HEIGHT.

SECOND.

MOTION.

MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA DASH 26 DASH 4 0 54 ON APPLICATION

[00:50:01]

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 OPACITY AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF THE SUBMITTED SITE PLAN AND ELEVATIONS ARE REQUIRED IN THE MATTER OF BO A 2 6 0 0 0 0 5 4.

MS. DAVIS HAS MOVED TO GRANT THE REQUEST TO MAINTAIN OFFENSE PA UH, WITH A PANEL HAVING LESS THAN 50% OPEN SERVICE AREA.

IS THERE A SECOND? SECOND, SECOND BY MR. DORN DISCUSSION OF THE MOTION.

MS. DAVIS? I'M SUPPORTING THE MOTION BECAUSE AGAIN, I DO NOT FEEL IT WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.

MR. DORN, I AGREE 100%.

ANY OTHER DISCUSSION OF THE MOTION THE BOARD SECRETARY WILL CALL THE VOTE.

THE MOTION ON THE FLOOR ON 2 6 0 0 0 0 5 4 IS A MOTION TO GRANT TO MAINTAIN FENCE PANEL HAVING LESS THAN 50% OPEN SERVICE AREA.

MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO A 2 6 0 0 0 0 5 4.

THE BOARD UNANIMOUSLY IN A VOTE OF FIVE TO ZERO GRANTS THE REQUEST TO MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SERVICE AREA.

THE APPLICANT WILL GET A, A LETTER FROM OUR BOARD SECRETARY WITHIN THE NEXT COUPLE DAYS.

OKAY, THE NEXT ITEM ON OUR AGENDA IS BO, A 2 6 0 0 0 0 5 7 1 9 3 7 IRVING BOULEVARD IS THE APPLICANT HERE.

[26-2944A Application of Jennifer Hiromoto for (1) a special exception to the off-street parking regulations at 1937 IRVING BOULEVARD. This property is more fully described as Block 23/7890, Lots 41, 42, 43, and 44, and is zoned PD-621 (Subdistrict 1A), which requires parking to be provided. The applicant proposes to construct and/or maintain a nonresidential structure for a restaurant without drive-in or drive-through service, personal service, general merchandise and food store greater or less than 3,500 square feet, office showroom/warehouse, and commercial amusement (inside) uses, and provide 72 of the required 88 parking spaces, which will require (1) a 16-space special exception (18.2 percent reduction) to the off-street parking regulations. Location: 1937 IRVING BOULEVARD Applicant: Jennifer Hiromoto Senior Planner: Bryant Thompson Request(s): (1) a special exception to the off-street parking regulations Staff Recommendation: No staff recommendation. BOA-26-000057]

PLEASE COME FORWARD.

JUST HOLD FOR ONE SECOND IF YOU WOULD.

MS. BOARDS SECRETARY, WHAT REGISTERED SPEAKERS DO WE HAVE FOR 2 6 0 0 0 0 5 7? WE HAVE TWO IN SUPPORT AND TWO IN OPPOSITION.

ONE SECOND.

UM, WHOEVER WANTS TO SPEAK ON 1937 IRVING BOULEVARD, WOULD YOU PLEASE STAND? YOU PLEASE STAND.

I'M GONNA SWEAR YOU IN IF YOU'RE GONNA SPEAK, IF YOU WANT TO SPEAK, JUST STAND WHERE YOU'RE AT.

JUST STAND WHERE YOU'RE AT AND YOU'RE ALL, ALL GONNA BE SWORN IN.

SO THE FOUR OF YOU GO AHEAD, MS. BOARD, SECRETARY, DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.

YOU'RE ALL SWORN IN THAT TAKES CARE OF THAT.

UM, BOARD MEMBERS, I'VE GOT ONE WRITTEN, UH, A LETTER THAT WE'VE RECEIVED.

UM, OUR RULES OR PROCEDURE ARE THAT THE APPLICANT IS GIVEN FIVE MINUTES TO PRESENT AND ANY OTHER SPEAKER IN FAVOR GIVES GIVEN ANOTHER FIVE MINUTES.

AND ANYONE IN OPPOSITION, EACH SPEAKER'S GIVEN FIVE MINUTES EACH THEN THE A APPLICANT'S GIVEN A FIVE MINUTE REBUTTAL.

UM, AS I'VE SAID BEFORE, AND I'LL SAY AGAIN, I'M GONNA GIVE THE THE APPLICANT EV EVERY BETTER TIME THAT YOU WANT, BUT I'M GONNA HAVE TO GIVE EVERYONE THAT SAME EQUAL TIME.

I WOULD SUGGEST YOU USE YOUR TIME WISELY, BUT SAY, AND I'LL GIVE YOU AS MUCH TIME AS YOU NEED.

SO IF YOU INTRODUCE YOUR NAME AND ADDRESS AND THEN GO AHEAD.

GOOD AFTERNOON.

JENNIFER HIROTO, 1 0 2 3 3 EAST NORTHWEST, UH, NORTHWEST HIGHWAY IN DALLAS.

UM, WE'RE HERE FOR 1937 IRVING BOULEVARD.

AS MAILED A LETTER AND THEN THE LETTER IN YOUR FILE IS OF SUPPORT.

THIS IS A PARKING SPECIAL EXCEPTION REQUEST OF 16 SPACES.

UM, THESE ARE THE COMBINATION OF LAND USES THAT WE'RE PROPOSING AT THIS MULTI-TENANT BUILDING, UH, RESTAURANT PERSONAL SERVICE JOURNAL, MERCHANDISE, OFFICE ROOM, WAREHOUSE, AND COMMERCIAL AMUSEMENT.

THE LAND USES THAT ARE IN BOLD ARE THE ONES THAT WE HAVE, UM, TENANTS THAT HAVE PERMITS AND CO APPLICATIONS, UH, THAT HAVE BEEN ISSUED.

UM, THE OTHER TWO ARE PROPOSED LAND USES THAT THE OWNER HAS RECEIVED INQUIRIES ON AND THAT WE ANTICIPATE, UM, THIS IS OUR ANTICIPATION OF THE HIGHEST INTENSITY OF THE LAND USES.

THAT WOULD BE AT THIS LOCATION.

NEXT SLIDE, PLEASE.

UM, I DID REACH OUT TO THE SURROUNDING PROPERTY OWNERS IN JULY OF THIS YEAR

[00:55:01]

I DID SPEAK WITH THAT PROPERTY OWNER'S, UH, ATTORNEY.

UH, LIKE I SAID, THIS IS A MULTI-TENANT BUILDING.

IT WAS PREVIOUSLY JUST A SINGLE OFFICE SHOWROOM WAREHOUSE BUILDING, UH, CONSTRUCTED IN 1951.

UH, WE RECEIVED, UH, REMODELING PERMITS IN 2025, UH, TO SEPARATE IT INTO THESE DIFFERENT SUITES.

UH, WE ALSO REMOVED FLOOR AREA.

IT CREATED THE CENTER COURTYARD, UM, AND THEN TWO CORRIDORS, UM, FOR ACCESS.

UM, THE OWNER HAS THIS PIECE OF PROPERTY THAT'S ON OUR SITE PLAN THAT SHOWS THE, UM, SURFACE PARKING.

UM, SO HE ACQUIRED THAT LAND IN ANTICIPATION OF PROVIDING MORE PARKING TO SERVE, UM, THE FUTURE USES ON THESE PROPERTY.

UM, NEXT SLIDE PLEASE.

UH, JUST A FEW SHOTS OF THE, THE CHANGES TO THE BUILDING.

UM, ON THE LEFT IS ONE OF THE CORRIDORS.

THIS IS THE ONE FACING IRVING BOULEVARD.

UH, STOREFRONT WINDOWS HAVE BEEN ADDED, UM, TO MODERNIZE THE BUILDING.

AND THEN, UM, THE COURTYARD IS IN THE CENTER, UH, ON THE RIGHT HAND PICTURE.

UM, SO THE DESIGN DISTRICT PD, UM, IT DOES ALLOW FOR UP TO 50% REDUCTION.

UM, THEY HAVE A VISION FOR THIS AREA TO BE MORE THAN JUST, UH, OLD WAREHOUSE BUILDINGS.

UM, UH, THEY WANT MIXED USES AND THAT'S WHAT'S, UM, BEEN HAPPENING IN THIS AREA.

UM, WE ARE PROVIDING 72 SPACES THROUGH THE COMBINATION OF THE SURFACE PARKING, UM, AND THE DELTA CREDITS THAT WE TALKED ABOUT EARLIER.

UM, UH, THE MIX OF USES THAT WE'VE PROPOSED WOULD REQUIRE 88 SPACES, UM, AND THAT A 16 SPACE REDUCTION THAT WE'RE SEEKING.

UM, AND LIKE I SAID, THIS IS THE HIGHEST INTENSITY THAT WE ARE EXPECTING, UM, FOR THIS MULTI-TENANT BUILDING.

NEXT SLIDE, PLEASE.

UM, AND I ADDED THESE NEXT COUPLE OF SLIDES TO GIVE YOU SOME NEIGHBORHOOD CONTEXT.

THE DESIGN DISTRICT, I'M SURE EVERYONE'S VERY FAMILIAR.

UM, IT HAS BEEN EVOLVING, UM, VERY MUCH SO OVER THE LAST 20 YEARS.

AND PART OF THAT IS DUE TO THE CITY'S INVESTMENT IN THE DESIGN DISTRICT.

THERE'S A TIFF, UM, THAT'S THE MAP ON THE RIGHT HAND SIDE.

UH, WE ABOUT THE PINK, THAT WAS AN EXPANSION AREA THAT WAS ADDED LATER.

UM, WE ARE JUST OUTSIDE THOSE TIFF BOUNDARIES, BUT THERE'S BEEN ENORMOUS INVESTMENT IN INFRASTRUCTURE IN CONNECTIVITY TO MAKE THIS A MIXED USE AREA.

UM, IT'S VERY SMALL ON MY SCREEN, BUT, UM, ALMOST 3,500 DWELLING UNITS.

UM, 750,000 SQUARE FEET OF RETAIL AND SHOWROOM, UM, OVER 450,000 SQUARE FEET OF OFFICE USES.

NEXT SLIDE HAVE BEEN, UH, INVESTED AT THE BENEFIT OF THE TIFF DISTRICT.

UM, THOSE ARE THE PROPERTIES IN RED THAT IT'S IN THE TIFF REPORT, UM, THAT HAVE BENEFITED FROM THE REINVESTMENT.

UM, THAT DOESN'T INCLUDE, IF WE CAN GO BACK FOR JUST A SECOND, MR. THOMPSON.

UM, THE, THE PICTURE THAT YOU SEE, THIS IS DIRECTLY ACROSS FROM US.

UH, IF YOU GO ACROSS IRVING BOULEVARD, UH, THIS IS THE TRINITY STRAND TRAIL THAT YOU SEE IN THE FOREGROUND.

I DON'T KNOW ABOUT THE PICTURE, BUT THERE IS A BRIDGE THAT IS ACTUALLY GOING ACROSS, UM, THIS RIVER CHANNEL TO CONNECT US TO WHERE THE, THE MULTIFAMILY, THE OFFICE, THE HOTEL USES ARE.

UM, AND THIS IS ALL IN THE INTENT OF THE CONVERSION.

ONE OF THE GOALS OF THE DESIGN DISTRICT TOO IS TO SUPPORT THE CONVERSION OF INDUSTRIAL AND WAREHOUSE USES INTO MIXED USE, TRANSIT ORIENTED AND, UH, UH, NEIGHBORHOOD.

AND PART OF THAT IS THE, THE DARK CONNECTIVITY THROUGH THE TRIOS, UM, AND FACILITATING THESE NEW USES.

UM, THIS IS THE HIGHLINE CONNECTOR.

THIS IS PART OF THE TRINITY STEERING TRAIL.

UM, JUST TO HIGHLIGHT MORE OF THE CONNECTIVITY AND WALKABILITY THAT WE'RE, UM, PROMOTING IN THE DESIGN DISTRICT.

UM, THE SIDEWALK WAS A QUESTION YOU GUYS HAD EARLIER.

THERE ARE FOUR FOOT SIDEWALKS ALONG THE BUILDING, UH, LIKE THE PROPERTY TO OUR NORTH.

UM, WHEN THE SIDEWALK'S NOT ALONG THE STREET, IT JOGS AROUND THE ON-STREET PARKING.

SO THAT'S WHAT IT DOES IN OUR CASE.

OF THE NEIGHBORS, UM, ABOUT THE OPTION FOR USING THEIR PROPERTY FOR, UH, THE RESTAURANTS.

UM, WE TALKED ABOUT WALKABILITY, MIXED USES.

UM, SO THIS PROPERTY, IF THE PARKING SPECIAL EXCEPTION IS GRANTED FOR THESE USES, UM, IT'LL ALLOW US TO OCCUPY THE BUILDING WITH THE RIGHT MIX OF USES AND, AND BALANCE EVERYTHING OUT SO THAT WE'RE NOT CAUSING A PROBLEM IN THE PUBLIC RIGHT OF WAY.

UM, THAT IS OUR CRITERIA THAT WE'RE NOT CREATING A TRAFFIC HAZARD.

UM, WE DO HAVE OPTIONS FOR MITIGATING PARKING.

UM, WE'VE SPOKEN TO MANY

[01:00:01]

THAT'S, UM, MOSTLY AN EVENING RESTAURANT.

SO IF THERE IS A NEED THAT IS BEYOND WHAT WE'RE PROVIDING, WE CAN ENTER INTO PRIVATE AGREEMENTS FOR VALET OPERATIONS.

SO THAT IS SOMETHING THAT WE ARE ANTICIPATING.

THAT'S WHAT STAFF HAS ASKED US TO DO TO PROVIDE MITIGATION OPTIONS.

UM, NEXT SLIDE.

GOOD AFTERNOON.

LLOYD DENMAN.

I SUBMITTED A PARKING STUDY FOR THIS SITE THAT, UH, TO SHOW THAT THERE WILL NOT BE TRAFFIC HAZARD CREATED BY ALLOWING THIS SPECIAL EXCEPTION AND THAT THE PD HAD ANTICIPATED PARKING REDUCTIONS FOR THE FUTURE.

NOR WOULD CONGESTION BE CREATED BY ALLOWING THIS PART SPECIAL EXCEPTION.

NEXT SLIDE.

THIS IS A LITTLE VIDEO IF IT'LL YEAH, IT SHOULD NARRATE .

I'LL NARRATE.

THIS IS EIGHT.

AFTER EIGHT O'CLOCK ON A SATURDAY NIGHT.

THIS WOULD BE THE PEAK OF THE PEAK OF SIX LANE DIVIDED IRVING BOULEVARD TRAFFIC.

YOU CAN SEE THERE IS NO CONGESTION ON SIX LANE DIVIDED IRVING BOULEVARD SATURDAY NIGHT.

THERE'S A SUCCESSFUL RESTAURANT EAST OF HERE CALLED EVELYN.

IT'S, I'M GONNA PAN THAT DIRECTION.

AND IT'S OPERATING WELL.

WE'RE NEAR THE TURTLE CREEK INTERSECTION.

THAT'S THE SIGNAL THAT'S EVELYN THAT I JUST PAN TO.

AND THEN I'M GETTING READY TO PAN THE OTHER DIRECTION TO SHOW THAT THERE'S NO ONCOMING TRAFFIC FROM THE SYLVAN DIRECTION EITHER.

BUT AGAIN, THIS IS THE PEAK OF THE PEAK.

THIS WOULD BE SATURDAY NIGHT.

AND IT'S HARD TO SEE ANY CONGESTION OR TRAFFIC SAFETY CONCERNS ON THIS PARTICULAR STREET FOR THIS NEIGHBORHOOD.

THERE'S ALSO A PROTECTED LEFT TURN POCKET.

THERE'S STREET LIGHTING.

SO I SEE NO TRAFFIC CONGESTION OR TRAFFIC SAFETY CONCERN.

I'M HA WE'RE HAPPY TO ANSWER QUESTIONS FOR THE PRESENTATION FOR THE PARKING STUDY.

GO TO THE NEXT SLIDE THERE.

I'M GONNA SKIP THIS ONE.

THIS IS SIX LANE DIVIDED AT FOREST IN A RESIDENTIAL AREA TO SHOW THERE'S A LOT OF TRAFFIC THERE.

AND THOSE ARE EXPENSIVE SINGLE FAMILY RESIDENTIAL HOMES, NOTHING LIKE THIS.

INDUSTRIAL MIXED USE IRVING BOULEVARD.

GO TO THE NEXT SLIDE PLEASE.

IF YOU CAN FAST FORWARD AND ONE MORE.

TO TRUST BUT VERIFY, WHICH IS GOOD POLICY.

I INCLUDED THIS EXHIBIT IN MY PARKING REPORT TO BE EXTRA TRANSPARENT , BECAUSE THIS SHOWS THE SPACES THAT ARE ACTUALLY AVAILABLE IN GREEN TO MR. NEWMAN'S POINT.

IT ADDS UP TO 52 AND IN RED IT SHOWS THE BY CODE REQUIRED SPACES WITHOUT THE SHARED SPA SHARED PARKING REDUCTION.

BUT IF YOU'LL NOTE 52 IS GREATER THAN 48, THAT'S WHAT THE RESTAURANT WOULD REQUIRE.

BY CODE, THERE'S ADEQUATE PARKING FOR THE EVENING USE.

THE OTHER USES ALSO ADD TO 48 PLENTY OF PARKING FOR THE DAYTIME USE.

THIS MIXED USE PORTION OF THE BUILDING FOR RESTAURANT IS ONLY 25% OF THE FOUR OF THE FLOOR SPACE.

AND THERE'S ADEQUATE PARKING AVAILABLE IF THERE WERE TO EXCEED WHAT'S ADJACENT THERE IN THIS EXHIBIT, IT NOTES THERE'S PUBLIC PARALLEL PARKING SPACES ALONG EXPRESS THAT ARE AVAILABLE AND THEY'RE, THEY'VE BEEN EMPTY EVERY TIME I'VE BEEN THERE.

THERE'S NEIGHBOR PARKING TO THE IMMEDIATE WEST THAT HAD WORKED WITH THE OWNER TO PROVIDE THEIR PARKING SPACES FOR VALET IF NEEDED.

AND THERE'S PUBLIC PARKING TO THE NORTH.

SO LOTS OF AVAILABLE PARKING IN EXCESS OF EVEN WHAT WE'RE ASKING FOR.

AND WE WANTED, I WANTED THIS EXHIBIT TO MAKE SURE WE COULD SEE WITH AND WITHOUT THE DELTA CREDITS AND THE SPACES THAT ARE MARKED IN GREEN ARE MEASURED.

I WANTED

[01:05:01]

AND I THINK THAT'S IT.

THANK YOU MR. HARTO.

AND THANK YOU MR. DENMAN.

UH, I I'M GONNA ASK A FEW FEW QUESTIONS AND THEN WE'RE GONNA GO TO THE SPEAKERS THAT ARE IN OPPOSITION AND WE MAY COME BACK.

YOU STILL HAVE RETAINED FIVE MINUTES REBUTTAL.

UM, ALRIGHT.

YOU WERE PRESENT IN OUR BRIEFING THIS MORNING WHERE WE HAD A DISCUSSION ABOUT THESE INFAMOUS DELTA CREDITS.

THAT APPEAR MAGICALLY ACROSS OUR CITY IN, IN PLACES AND NUMBERS.

SO HOW DID YOU COME UP WITH YOUR 20 DELTA CREDITS? LET'S FIRST, FIRST ASK THAT QUESTION.

UH, YES SIR.

UM, THE DELTA CREDITS ARE BASED OFF OF THE CEO OF THE LAST LAND USES ON THE PROPERTY.

AND THAT WAS OFF SHOWROOM WAREHOUSE.

UM, I DEDUCTED THE FLOOR AREA THAT WAS NOW THE COURTYARD.

SO, UM, BASED ON THE SQUARE FOOTAGE AND, UH, OF THE OFFICE SHOWROOM WAREHOUSE MINUS THE COURTYARD IS THE FIRST DELTA CREDIT NUMBER.

UM, I'VE BEEN WORKING WITH STAFF SINCE JUNE ON FIRMING UP WHAT THE NUMBERS ARE ON THE SITE PLAN ON THE DELTA CREDITS.

UM, AND THAT'S WHERE WE LANDED AT 20.

SO THERE IS A, UM, I THINK MR. THOMPSON MENTIONED THERE'S SOME, UH, SPACES AND VISIBILITY TRIANGLES AND SO FORTH.

UM, THAT'S HOW WE LANDED AT 20.

BUT THAT'S THE CONCEPT IS TAKING THE LAST LAND USE.

I I, IF I MAY, I WOULD, I WOULD AGREE WITH YOU ON THE CONCEPT.

I DISAGREE IN THE CALCULATION, BUT THAT'S JUST MY OPINION.

SIMPLY THAT YOU'RE, IF YOU'RE SUCCESSFUL, YOU'RE GONNA HAVE PARKING DEMAND AND SOMEONE THAT SHOWS UP, WHETHER IT'S AT THE CIGAR SHOP OR IF IT'S AT THE, UH, RESTAURANT OR IF IT'S THE INSIDE AMUSEMENT OR IF IT'S THE GENERAL PROPOSED RETAIL, THEY'RE A DELTA CREDIT DOESN'T HELP 'EM, PARKING SPACE IS WHAT THEY NEED.

SURE.

SO I'M TRYING TO LOOK BEYOND THE INFAMOUS DELTA CREDIT THAT, THAT NO ONE CAN REALLY POINT TO.

SO I ASKED THE STAFF IF THEY COUNTED, THEY COUNTED, I COUNTED AGAIN, I, A COUPLE OF OUR MEMBERS COUNTED PARKING SPACES.

AND IT'S MAGIC THAT THE REPORT COMES UP WITH 52 AND, AND IT'S 52.

UM, SO WE'VE BEEN, TELL, TELL ME JUST A SECOND.

TELL ME AGAIN ABOUT THE RESTAURANT CALCULATION.

MR. DEN, GO AHEAD.

YOU SAID, I'M LOOKING AT YOUR SHEET THAT YOU GAVE US THAT HAD RED AND GREEN AND YOU SAID THAT FOR PARKING FOR RESTAURANT AT 49 99 AT 105 WOULD EQUAL 48.

IS THAT WHAT YOU CORRECT.

CALCULATED? YES.

AND THE 105 IS THE PD 6 21 CALCULATION.

IT'S NOT THE NEW CITY CALCULATION CORRECT.

BASE ZONING, IT'S PD 6 21.

AND SO YOUR POINT IS WHAT? THAT 52 IS MORE THAN 48, BUT THAT PRESUMES THAT ALL THE OTHERS ARE CLOSED, WHICH TYPICALLY THEY WOULD BE, THIS PARTICULAR RESTAURANT IS A, I WROTE ON THERE NIGHTTIME USE.

I I AND THE OTHER, AND THE OTHER USES ARE PRIMARILY DAYTIME.

THAT ALMOST IS CONVINCING.

UH, I'M A LITTLE NERVOUS ABOUT RELYING ON NEIGHBOR PARKING AND RELYING ON PUBLIC PARKING BECAUSE THAT BLEEDS OVER TO SOMEONE ELSE'S PROPERTY.

WHEN WE GET OUR BRIEFING THIS MORNING, I THINK THE SIDE STREET'S CALLED EXPRESS, RIGHT? YES.

I, I ENVISIONED, OH, PEOPLE ARE GONNA HAVE TO PARK DOWN IN OTHER PEOPLE'S LOTS AT DIFFERENT HOURS.

AND THAT'S NOT, THAT'S NOT A GOOD NEIGHBOR POLICY AND THAT SORT OF THING.

UM, 'CAUSE I DON'T KNOW THE LIGHTING, THE SECURITY, ALL THAT SORT OF DEAL.

UM, I JUST THINK IT'S A VERY SLIPPERY SLOPE.

THIS IS TO MR. MS. OTTO.

'CAUSE YOU'RE THE, THE APPLICANT.

IT'S A VERY SLIPPERY SLOPE WHEN YOU GO FROM 88 THAT THE CODE REQUIRES ALL IN 52.

I, I DON'T KNOW HOW LONG YOU WANT ME TO REPLY, BUT THE PARKING RATIOS ARE BASED ON NATIONAL MEASUREMENTS.

I'M NOT GONNA CHASE THE DELTA THING.

IT'S VERY MUCH FUZZY MAP.

A RESPONSIBLE PROPERTY OWNER WILL MANAGE THEIR PARKING, WHETHER IT'S THE DEMAND IS WHAT THE CODE SAYS OR WHAT THE REALITY IS.

THEY WILL TALK TO THEIR NEIGHBORS LIKE THIS PROPERTY OWNER HAS DONE, AND SAID, HEY, IF I NEED MORE PARKING, WILL YOU WORK WITH ME? CAN WE HAVE A PRIVATE AGREEMENT? AND THEY MANAGE THEIR DEMAND.

AND THAT'S WHAT WE'RE PROPOSING TO DO.

LIKE I SAID TO MR. DENMAN ON HIS 48, THAT'S ALMOST CONVINCING.

I DIDN'T SAY IT IS OR ISN'T, BUT I'M JUST SAYING THAT IS THE ANSWER.

A RESPONSIBLE PROPERTY OWNER.

'CAUSE IF IT'S OBVIOUS, SOMEONE SPENT MONEY ON UPGRADING THIS SPACE, I MEAN, IT LOOKS NICE AND YOU WOULD HOPE THAT IF YOU'RE SPENDING THE MONEY TO UPGRADE SPACE, YOU WOULDN'T BE SHORTSIGHTED AND HAVE PEOPLE GO SEARCHING FOR PARKING, ESPECIALLY ACROSS SIX LANES WHERE THAT OTHER PUBLIC PARKING IS.

THAT'S NOT A, THAT'S NOT A GOOD ANSWER.

THAT THAT'S A DANGEROUS ANSWER, BUT, OKAY.

UM,

[01:10:01]

I DON'T BELIEVE IN THEM AND ALL THAT, BUT I, I DON'T HAVE THE ENERGY TO CHASE THAT.

I JUST WANT, THE REALITY IS A CUSTOMER WANTS ONSITE PARKING AND YOU DON'T WANNA SEND PEOPLE IN OTHER PEOPLE'S PROPERTY THAT, SO THE DELTA CREDITS ARE, HAVE YOU THOUGHT ABOUT VALET PARKING? UM, YES.

SO, UM, VALET PARKING IS DEFINITELY AN OPTION.

WE CAN VALET ONSITE, PROBABLY GET A LITTLE BIT MORE EFFICIENCY.

UM, ANY VALET THAT USES THE PUBLIC RIGHT OF WAY WOULD NEED A CITY LICENSE TO DO SO.

AND THAT'S WHERE MEANING, MEANING ALONG EXPRESS, IF WE USE ANY PUBLIC RIGHT OF WAY, WE HAVE TO GET A CITY LICENSE.

WELL, YOU, THEY'RE NOT, CITY'S NOT GONNA LET YOU DO ON IRVING BOULEVARD.

THAT WOULD WELL, I GUESS YOU COULD IF YOU HAD A, A CUT IN.

SO WE, THE, THE VALET OPERATOR HAS TO WORK WITH STAFF.

THEY PROPOSE WHERE THE VALET STAND GOES.

2,900 FOR PROPOSED COMMERCIAL AMUSEMENT.

AND THEY HAVE TO MAKE SURE THAT THE ROUTE THAT THEY'RE GOING TO GO TO FROM POINT A TO WHERE IT GETS PARKED THAT MAKE SURE THAT IT'S SAFE.

SO WE'LL CERTAINLY DO THAT.

IF WE PROPOSED RESTAURANT WILL BE VALET.

THE PROPOSED RESTAURANT WILL BE VALET IS WHAT MR. DEMMON SAID.

UM, AND THERE IS A PREVALENCE OF ROBOTAXIS.

UM, THERE'S, UM, THE BRIGHT GOLD ONES ARE EASY TO FIND.

UH, WE WERE TALKING AT LUNCH.

THERE'S, YOU KNOW, DIFFERENT COLORED TESLAS.

THERE'S WAYMO'S.

WHEN WE WERE OUT THERE ON A SATURDAY AFTERNOON IN JULY, UM, THERE WAS AT LEAST FOUR THAT WENT BY ONE 30 IN THE AFTERNOON, WHICH IS NOT PEAK TIME.

UH, WE ALSO SAW WHAT, FOUR OR FIVE PEOPLE ON THE TRINITY STRAND TRAIL.

AND THIS WAS BEFORE IT WAS A HUNDRED DEGREES FOR 60 DAYS STRAIGHT.

SO, UM, THERE IS OTHER OPTIONS IN THE AREA BESIDES SELF-TALK.

TALK TO ME ABOUT THE ALLOCATION OF SPACE AMONGST THE, THE SITE PLAN.

4,900 FOR RESTAURANT 6300 3500, 1990.

I PRESUME THAT IF WE APPROVE SOMETHING TODAY, IT'S BASED ON THIS ALLOCATION.

'CAUSE THE PARKING HAS DIFFERENT RATIOS PER ALLOCATION.

CORRECT? CORRECT.

SO, SO THE REDUCTION WOULD APPLY TO, TO THESE COMBINATION OF USES.

THAT'S ALL MY QUESTIONS NOW.

OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT.

HOLD TIGHT.

UM, MS. BOARD SECRETARY, WE HAVE SPEAKERS THAT'D LIKE TO SPEAK IN OPPOSITION.

THAT IS CORRECT.

WE HAVE, UM, MR. VINCENT AND NANCY , PLEASE COME ON DOWN.

YOU CAN PLEASE COME DOWN TO THE, TO THE MICROPHONE PLEASE.

YOU CAN COME TO THE PODIUM.

YOU'VE BEEN, WHO DO YOU WANT TO SPEAK FIRST? MS. WILLIAMS, WHO ARE YOU GONNA CALL FIRST? UH, MS. NANCY.

IF YOU GIVE US YOUR NAME AND ADDRESS.

NANCY PROCAINE.

UH, BUSINESS ADDRESS IS 2014 IRVING BOULEVARD.

YOU'RE GONNA HAVE TO SAY YOUR LAST NAME AGAIN SO I DON'T BUTCHER IT.

PROCACCINI PROCO.

PROCACCINI.

THAT, THAT IN RIGHT THERE.

AND UP NORTH IT'S PROCACCINI.

SO PROCACCINI OKAY.

HERE IN TEXAS.

PROCACCINI, PROCACCINI.

PROCACCINI.

I'LL SAY IT FIVE TIMES.

UM, TONY AND I WERE MARRIED FOR 30 YEARS.

WE HAVE TWO CHILDREN, FIVE GRANDCHILDREN, BUT WE ARE DIVORCED.

WE MAY HAVE LOOKED MARRIED, LOOK HIM, UH, COMING DOWN THE AISLE, BUT I'M ACTUALLY A LITTLE HANDICAPPED.

SO THAT'S THE REASON FOR THAT.

UH, WE STILL ARE VERY GOOD FRIENDS.

UM, I HAVE OPERATED MAMA'S DAUGHTER'S DINER WITH MY FAMILY FOR 40 YEARS ON IRVING BOULEVARD.

I'VE CREATED A SPEECH THAT IS ABOUT SIX AND A HALF MINUTES LONG BECAUSE I WANTED TO ADDRESS, UH, THE ISSUES OF WHAT THE RESTAURANT IS THAT'S GOING INTO THIS PROPERTY AT 1937 AND THE EXPERIENCES THAT I HAVE FOR THE EVENT CENTERS THAT ARE AROUND MY PROPERTY AND THE PROBLEMS THAT IT CAUSES WITH PROBLEMS AND TRAFFIC AND PATRONS OF THOSE EVENTS.

I'M, I'M GONNA LET YOU SPEND AS MUCH TIME AS YOU WANT TO TELL ME.

UH, YOU SAID, YOU SAID THAT YOU'RE THE OPERATOR AS AN OWNER.

I'M THE OWNER AND I HAVE NINE BUSINESS I MAMA STEINER.

IT'S NICE.

I HAVE FOUR RESTAURANTS.

VERY NICE TO MEET YOU.

I'VE BEEN AT YOUR RESTAURANT MANY A TIMES.

SO IT, I'M LOOKING AT WHAT IN OUR, IN OUR DOCKET WE GET AN AERIAL MAP.

SO IN WHAT PROXIMITY FROM THE PROPERTY THAT WE'RE TALKING ABOUT TODAY IS YOUR PROPERTY, IS IT ACROSS THE STREET? I, I'M JUST TRYING TO THINK.

I HAVE ONE ACRE.

IS IT THIS, THIS, THIS PROPERTY OVER HERE? IS THAT WHAT IT IS? IT'S A TRIANGLE THAT, UH, GOES UP AGAINST, THAT'S OKAY.

I THINK I KNOW WHERE IT IS.

IT GOES UP AGAINST THE TRINITY STRAND TRAIL.

IT'S OUT OF THE 200 FEET NOTIFICATION AREA.

SO IT'S OUT OF THE 200 FEET,

[01:15:01]

BUT IT IS ADJACENT.

IT IS ADJACENT.

AND I WILL SAY THAT I'VE NOT BEEN NOTIFIED BY ANYONE REGARDING THIS PROPERTY.

SO HOLD ON.

SO WE WERE GIVEN YOUR ADDRESS AS 2026 OR 2014? UM, 2014.

AND HE'S 2026.

YOU'RE AT 2014.

UM, AND I'M LOOKING, OH, 2014 IS IN OUR NOTIFICATION LIST.

RECEIVED NANCY DALLAS.

I RECEIVED A TIES LLC RECEIVED, HE DID NOT RECEIVE A NOTICE 'CAUSE HE IS OUT OF THE 200 SPACE.

YOU WERE 2014? YES SIR.

HE'S 2026.

WELL, I APOLOGIZE.

OUR PROCEDURE IS THAT ALL PROPERTY OWNERS ON THE D CATALYST 10 DAYS PRIOR TO YOUR HEARING ARE GIVEN A NOTICE.

I WAS GIVEN A NOTICE.

WE'RE GLAD YOU'RE HERE AS AN ADJACENT PROPERTY OWNER.

UM, YOU, YOU GOT A NOTICE AND HE DID NOT.

I APOLOGIZE FOR INTERRUPTING.

SO, UH, CAN I MAKE MY SPEECH? YES.

SO I CAN COVER THE POINTS THAT I WANTED TO MAKE.

PLEASE.

UH, OF COURSE.

MY NAME IS NANCY AND MY FAMILY'S OPERATED MAMA'S DAUGHTER'S DINER AT 2014 IRVING BOULEVARD FOR 40 YEARS.

IT'S ADJACENT TO THE PROPERTY AT 1937 IRVING BOULEVARD.

AND I'M HERE TO RESPECTFULLY OPPOSE THE REQUESTED PARKING REDUCTION FOR REASONS I DO BELIEVE THAT MOST ANYBODY IS NOT, IS UNKNOWN ABOUT THE NIGHTLIFE AFFECTING OTHER SUCCESSFUL BUSINESS PROPERTY OWNERS, SUCH AS MYSELF AND TONY.

FIRST OF ALL, I HAVE WATCHED THIS NEIGHBORHOOD CHANGE TREMENDOUSLY OVER 40 YEARS.

I LOVE THE GOOD RESTAURANTS, THE BUSINESSES, THE INVESTMENTS IN OUR AREA, SUCH AS WHAT CHUCK HAS BUILT.

I'VE BEEN INSIDE THE BUILDING.

UH, THERE'S PILATE STUDIO AND SOME OFFICE.

HE'S DONE A VERY GOOD JOB IN, UH, RENOVATING THAT BUILDING.

UH, THIS IS ALL BEYOND MY IMAGINATION, BUT EVERY SUCCESSFUL DEVELOPMENT HAS ITS CHALLENGES.

THIS WASN'T ALWAYS THE DESIGN DISTRICT, AS YOU KNOW.

SECONDLY, I WOULD LIKE TO COMMEND CHUCK IRWIN FOR DOING A GREAT JOB ON THAT BUILDING.

I WENT INSIDE TO LOOK AROUND, BUT I'M NOT EXCITED ABOUT A TEQUILA INFUSED NIGHTLIFE GOING ON IN.

AND THAT IS ACCORDING TO THE SOLID DE DE WEBSITE, SOCIAL MEDIA AND THEIR TRADEMARK REGISTRATION.

WHILE NOTHING IN THIS REPORT, NO NOTES THAT THE WORDS DANCING, KARAOKE, DISCO, ET CETERA, HAVE ALL BEEN LEFT OUT, IT LOOKS LIKE A LOT OF FUN.

THAT'S WHAT CONCERNS ME.

LOLI WANTED TO CLEAR UP A FEW THINGS ABOUT THAT.

AND THAT IS LIST A RESTAURANT, PERSONAL SERVICES, RETAIL, ET CETERA.

BUT A COMMERCIAL AMUSEMENT INSIDE BOTHERS ME A LOT WITH THE BOARD, WITH THIS BROAD STATEMENT.

I AM CURRENTLY IN A BATTLE WITH A COMMERCIAL AMUSEMENT INSIDE TYPE OF BUSINESS NEXT DOOR NEARBY.

AND, UH, 18% REDUCTION IN PARKING IS SUBSTANTIAL IN THE DESIGN DISTRICT.

I WOULD HATE FOR THAT TO SET A PRECEDENT AS I'M NOT SURE THAT MOST ARE AWARE OF THE NIGHTMARE THAT SOME OF THE NIGHTTIME TRAFFIC AND PATRONS CAUSE THE AREA TO BUSINESS BUSINESSES, BUSINESSES THAT HAVE PARKING SUCH AS MINE, BUSINESSES THAT ARE OPEN DURING THE DAY.

BUT WHEN THESE NIGHTTIME PARTIES PARK AT YOUR DAYTIME BUSINESS, WHETHER THERE ARE CONES, BARRICADE SIGNS, ET CETERA, IT'S CONCERNING THEY DO WHAT THEY WANT.

THAT IS WHY I HAVE A PROFESSIONAL PARKING COMPANY SUCH AS PARK PLACE PARKING.

THEY MANAGE MY PARKING LOT BUSINESS.

THIS IS NOT HYPOTHETICAL.

I AM SPEAKING FROM EXPERIENCE.

I WAS FORCED, FORCED INTO THE PARKING BUSINESS WHEN A 35,000 SQUARE FOOT EVENT CENTER WENT IN RIGHT AROUND THE CORNER FROM MY RESTAURANT.

I WAS APPROACHED BY PARK PLACE AND SUDDENLY I FOUND MYSELF IN THE PARKING BUSINESS IN 2024.

IF YOU'VE EVER BEEN DOWN THERE AROUND 11:00 PM INTO THE WE HOURS, WHICH BY THE WAY, I DIDN'T SEE IN THE 10-YEAR-OLD TRAFFIC STUDY PROVIDED, DOES NOT GO PAST 11:00 PM YOU WOULD BE SHOCKED IF YOU WERE ONLY GOING BY THESE REPORTS ON BOTH SIDES OF THE AISLE.

I WANT TO MAKE SH MAKE YOU AWARE THAT IT IS A LOT DIFFERENT THAN WHAT YOU SEE DURING THE DAY OR MIGHT IMAGINE AT NIGHT FOR PARKING, TRAFFIC, SAFETY, ET CETERA.

ON EXHIBIT ONE, IT'S WRITTEN IN NEIGHBOR PARKING.

I SEE THAT THE NEIGHBOR IS NEGOTIATING VALET SOLUTIONS OF WHICH WILL CERTAINLY BE NEEDED.

ALSO IN WRITING, IT SHOWS ON EXPRESS STREET PUBLIC PARALLEL PARKING SPACES AS WELL.

THAT'S ACTUALLY IN FRONT OF SOME GATES THAT GO INTO SOME BUSINESSES.

VACANT OR NOT.

THERE IS A FOR LEASE SIGN IN FRONT OF IT.

AND PERSONALLY, I WOULD NOT WANNA LEASE A BUSINESS SPACE ACROSS THE STREET THAT'S HAD TO GO IN FRONT OF A BOARD TO OBTAIN ADEQUATE PARKING IN FRONT OF A BUSINESS, CREATING NOISE BETWEEN MIDNIGHT AND 6:00 AM

[01:20:01]

IN THE MORNING.

I'M NOT SURE IF THAT'S THE DALLAS HOURS, BUT THAT IS THE HOURS OF SOME OF THEIR, UH, LOCATIONS.

THE DIFFERENT VALET QUEUES ARE A CONCERN.

THIS IS ONE OF MY BIGGEST CONCERNS ON OUR PROPERTY VALUE DOWN THERE WILL BE THE ADDED PARKING PROBLEMS THAT ARE DISRUPTING OUR BUSINESSES, OUR PROPERTIES.

I STILL HAVE A $13 PLATE LUNCH SITTING ON A VERY EXPENSIVE PIECE OF PROPERTY.

ALSO ON THAT SAME EXHIBIT, IT IS WRITTEN IN PUBLIC PARKING LOT, MEANING MY PROPERTY AND THE TRINITY BRIDGE.

LET ME CLEAR THAT UP FOR YOU.

THAT IS NOT PUBLIC PARKING LOT.

THAT IS A PAID PARKING LOT.

IT IS SOMETIMES CLOSED DOWN AT MY DISCRETION AND THAT OF PARK PLACE MY TENANT WHEN A NEARBY RESTAURANT THAT I HAVE A CONTRACT WITH THAT PARKS 40 OF THEIR STAFF ON THE NORTH SIDE OF MY RESTAURANT EVERY DAY.

SOMETIMES THEY NEED THE SOUTH SIDE FOR VALET PARKING.

SO THAT IS NOT OPEN TO THE PUBLIC'S INTERPRETATION OF A PUBLIC PARKING LOT.

ALSO, THE TRINITY STRAND TRAIL IS WHERE THE TRINITY BRIDGE ENDS.

AND I WOULD HAVE TO ASK IF THE CITY HAS PLANS FOR CREATING PAINTED CROSSWALKS SIDEWALKS ALONG WITH TRAFFIC SIGNS, SPEED LIMIT SIGNS AS IT WILL BE NEEDED.

I WOULD, I WOULDN'T WALK ACROSS IRVING BOULEVARD AT NIGHT.

AND THAT'S COMING FROM A GAL WHO HAD TO CONFRONT SEVERAL THUGS ON A COUPLE OF PIT BULL AND A COUPLE OF PIT BULLS TO GET OFF MY PROPERTY IN MY PARKING LOT SEVERAL WEEKS AGO.

AND THAT'S FROM A NEIGHBOR, THEIR TENANT.

I DIDN'T BACK DOWN.

THAT'S WHERE THE CITY IS.

A LITTLE OFF BALANCE ON THE ISSUE OF PARKING.

THAT'S MY PROPERTY.

AND IT'S A LONG STORY JUST FOR GRINS.

ASK THE POLICE TO PUT A RADAR ON THOSE CARS DAY OR NIGHT.

ALSO, THERE IS NOTHING IN THAT TRAFFIC STUDY ABOUT THE ABSENCE OF SPEED LIMIT SIGNS GOING WESTBOUND ON RIVERFRONT IRVING BOULEVARD FROM C IS TO MEDICAL DISTRICT FOR SEVERAL MILES.

I WOULD BEG FOR YOU TO BE, FOR THAT TO BE FIXED.

THERE'S NO SPEED LIMIT SIGNS ON IRVING BOULEVARD IF YOU'RE GOING WEST.

WE DO ALREADY HAVE TRAFFIC ISSUES.

I'M OUT OF TIME.

AND I WANT TO SAY THAT I'M NOT HERE TO WIN OR LOSE.

I AM HERE TO OPPOSE THE INADEQUATE PARKING FOR A BUSINESS THAT IS NOT JUST A RESTAURANT ACCORDING TO EVERYTHING.

I EDUCATED MYSELF ABOUT THIS SUBJECT TO HAVE THE OPPORTUNITY TO SPEAK IN FRONT OF THIS BOARD TODAY ABOUT THIS PARKING SITUATION AT NIGHT WITH THESE EVENTS.

I HAVE BEEN FORCED TO PROTECT MY BUSINESS PROPERTY BECAUSE I HAVE A PARKING LOT.

I HAVE TO PROTECT THOSE EMPLOYEES OF EVELYN THAT HAVE THE CONTRACT THERE.

IT'S MY RESPONSIBILITY TO PROTECT THAT BUSINESS AS WELL.

I HAVE TO PUT OUT CONES IN FRONT OF MY PARKING SPACES AT MY OFFICE TOO, AROUND THE CORNER ON MANUFACTURING.

LOOK AROUND THE DESIGN DISTRICT.

IT IS LITTERED WITH CONES, BARRICADES, ET CETERA.

I SPEAK FOR MANY PER SE.

THE BEHIND THE NEW PARKING SPACES FOR THIS, UH, PARTICULAR, UH, ADDRESS.

THERE IS A PATIO PICKLEBALL AT THE BOWL LOUNGE RIGHT NEXT DOOR.

THAT'S GOING TO BE A REAL BUMMER FOR THOSE GUYS.

THE WAYMO'S DON'T EVEN LET THEM BACK THERE.

IT'S A HILARIOUS ENOUGH TO WATCH THEM DODGE A CONE.

I AM IN NO WAY OPPOSING THIS PROPERTY OWNER OR PROSPECTIVE TENANT.

I JUST WANT TO SET THE RECORD STRAIGHT.

CLEARLY STATED WHAT THAT RESTAURANT IS MIGHT BE BECAUSE A DANCING RESTAURANT MIGHT NOT BE ABLE TO GET THIS VARIANCE.

I DON'T KNOW.

THE MILLION DOLLAR QUESTION IS WHERE WILL ALL THESE CARS BE PUT? MY PROPERTY IS NOT AN UNLIMITED SUPPLY OF OVERFLOW PARKING FOR SURROUNDING BUSINESSES WITHOUT MY PERMISSION.

THANK YOU VERY MUCH FOR YOUR COMMENTS, SIR.

GOOD AFTERNOON.

MY NAME IS TONY PRONI.

I'D LIKE TO THANK THE BOARD OF ADJUSTMENTS FOR ALLOWING SURROUNDING PROPERTY OWNERS THE OPPORTUNITY TO SPEAK ON THIS MATTER TODAY.

I OWN PROPERTY ACROSS THE STREET FROM THE PROPOSED THAT'S REQUESTING A DEDUCTION AND, UH, A REDUCTION IN THE PARKING REQUIREMENTS.

I WISH TO WELCOME CHUCK OVER INTO THE NEIGHBORHOOD AND WISH HIM ALL THE LUCK AND SUCCESS WITH HIS INVESTMENT AT 1937 IRVING BOULEVARD.

IT IT, IT IS AN AWESOME AND UPCOMING NEIGHBORHOOD WITH LOTS OF POTENTIAL FOR INVESTORS AND ESTABLISHED BUSINESSES ALIKE.

I DO HAVE AN ISSUE WITH THE WORDING AND OR THE NAMING OF THE PROPOSED BUSINESS SOLID DEPECHE REGARDING PARKING AND A REQUEST FOR REDUCED PARKING FOR THEIR PROPOSED VENUE.

IT APPEARS IN ALL OF THE PAPERWORK, INCLUDING BILLING PERMITS LIKE A LIQUOR LICENSE APPLICATION AND THE BOARD OF ADJUSTMENTS REQUEST THAT THE BUSINESS IS A RESTAURANT AND ONLY A RESTAURANT, NOR DOES IT SAY ANYTHING ABOUT AN INSIDE COMMERCIAL AMUSEMENT VENUE, LATE NIGHT SINGING, DANCING CLUB AND KARACHI VENUE,

[01:25:01]

WHICH IS MISLEADING.

MY UNDERSTANDING IS THAT ANY BUS BUSINESS THAT ALLOWS OR ENCOURAGES DANCING, UH, CANNOT BE GRANTED A VARIANCE FOR THE REQUIRED PARKING PER DALLAS CHAPTER 14 MORE SPECIFIC, SPECIFIC, UH, SPECIFIC, UH, EXCUSE ME, SPECIFICALLY, 51 A DASH FOUR DASH UH, 3 1 1, UH, OR MORE PROPERTY PROPERLY STATED.

THE BOA SHALL NOT ISSUE A VARIANCE IN PARKING FOR SUCH.

UH, YOUR OWN WEBSITE STATES, UH, SOLID.

THE SPECIAL ENCOURAGES SINKING AND SINGING AND DANCING.

BY ALL INDICATIONS, IT SHOULD BE CLASSIFIED AS AN INSIDE COMMERCIAL AMUSEMENT, LATE NIGHTCLUB AS OPPOSED TO JUST A RESTAURANT EVEN TRIP ADV TRIPADVISOR DESCRIBES SOLID AS A MEXICAN THEMED HEARTBREAK BAR AND KARACHI LOUNGE.

MY EXPERIENCE WITH THESE TYPE OF BUSINESSES IN OUR AREA IS THEY REQUIRE A LOT OF PARKING FOR PATRONS AND HAVE PROVEN TO TRANSFORM THIS AREA FOR FORCING NEARBY PROPERTY OWNERS TO INSTALL SIGNAGE, CAMERAS, BARRICADES, AND FENCES JUST TO PROTECT THEIR PROPERTY FROM ILLEGAL PARKING AND TRESPASSING.

UH, LACK OF PARKING, TRAFFIC CONGESTION, PROPERTY DAMAGE, NOISE, TRASH, BEER, ET CETERA.

UH, IT SEEMS TO ALWAYS BE BYPRODUCTS WITH THESE TYPES OF BUSINESSES.

I BELIEVE YOUR PLANS SHOW, I BELIEVE THE PLANS FOR THIS, UH, THIS, UH, BILLING SHOW AN OCCUPANCY OF 111 PEOPLE FOR THE 5,000 SQUARE FOOT PROPOSED SOLID THAT DISPATCH.

YOU ALSO HAVE A 3,100 SQUARE FOOT COURTYARD, WHICH IS ACCESSIBLE FROM SOLID THAT , UH, ENABLING PATRONS TO ENTER.

AND YOU'LL REQUIRE ADDITIONAL PARKING FOR THAT AS WELL.

AND A PROPOSED CHIO CHIO TACOS IS COMING SOON TO YOUR BUILDING, WHICH WILL NEED ADDITIONAL PARKING.

AND YOU'LL HAVE THREE OTHER SPACES THAT WILL NEED ADDITIONAL PARKING AS WELL.

I ALSO OBSERVED SOMEWHERE IN ONE OF YOUR DRAWINGS THAT PATRONS OF THE PROPOSED SOLID DE COULD PARK ACROSS IRVING BOULEVARD AND WALK ACROSS TO GAIN ACCESS TO YOUR BUILDING.

THAT IS A DE A DEATH WISH, IN MY OPINION, IS SIX LANES WIDE.

AND IF YOU'VE EVER WITNESSED TRAFFIC ON IRVING BOULEVARD, YOU UNDERSTAND JUST HOW DANGER IT IS TO CROSS ON FOOT, ESPECIALLY AFTER HOURS WHEN DRUNK DRIVERS AND PATRONS ARE OUT AND ABOUT.

THE POSTED SPEED LIMIT IS 35, BUT MANY DRIVERS ARE DRIVING IN EXCESS OF 65 MILES AN HOUR.

THERE IS CONTINUOUS INFRASTRUCTURE DAMAGE TO GUARDRAILS, STREET LIGHT POLES AND STREET SIGNS.

NOT TO MENTION IF YOU HAVE PEDESTRIANS TO THE MIX, TRYING TO CROSS SIX LANES OF IRVING BOULEVARD AT 2:00 AM IN THE MORNING.

TO ME, IT'S A RECIPE FOR DISASTER.

ALSO, I HAD TO BUILD EVENTS ON MY PROPERTY TO KEEP LATE NIGHT PATRONS OF LOCAL LATE NIGHT, EARLY MORNING NIGHTCLUBS AND MUSIC VENUES FROM PARKING ALL OVER MY PROPERTY, BLOCKING DRIVEWAYS ENTRIES, APPROACHES, ET CETERA.

AND THEY WERE CONTINUALLY BACKING INTO THE FENCE, DAMAGING IT POSSIBLY FROM BEING INTOXICATED.

THERE ARE ALSO RESIDENCES IN CLOSE PROXIMITY TO THE PROPOSED SOLID DATA, SPECIAL PICTURE, SOMEONE PUTTING A MILLION DO PLUS DOLLARS INTO A NICE UPSCALE RESIDENCE, AND THEN HAVING A LOUD LATE NIGHT, EARLY MORNING BAR CLUB DANCE HALL GOING RIGHT NEXT DOOR OR ACROSS THE STREET.

I UNDERSTAND THAT MR. IRWIN WANTS TO BE A GOOD NEIGHBOR.

AGAIN, I'D LIKE TO WELCOME MR. IWIN TO THE NEIGHBORHOOD AND I WISH HIM THE BEST, BUT I WOULD JUST ASK HIM TO COME UP WITH A DIFFERENT USE OF THIS SPACE THAT HE'S DEVELOPED.

ONE THAT WOULD HAVE YOUR CUSTOMERS, THAT WILL NOT HAVE YOUR PAR CUSTOMERS PARKING ALL OVER OTHER PEOPLE'S PROPERTIES.

AND THAT IS MORE CONDUCIVE TO THE NEIGHBORHOOD SUCH AS HIS OTHER TENANTS IN THE FACILITY.

I'LL ASK IT THE, AND I'LL ASK AGAIN WHY THIS BUSINESS IS CALLED A RESTAURANT INSTEAD OF AN INSIDE COMMERCIAL AMUSEMENT LOUNGE, CLUB DANCE OR KARACHI BAR.

WE'RE WANTING TO BE, WE'RE WANTING YOU TO BE MR UH, IRWIN TO BE SUCCESSFUL, BUT AT THE SAME TIME, WE NEED TO PROTECT OUR PROPERTIES AND OUR INVESTMENTS AND OUR NEIGHBORHOOD AS WELL IN THE DESIGN DISTRICT.

I HOPE YOU CAN UNDERSTAND THAT.

I WISH TO THANK THE MEMBERS OF THE BOARD FOR YOUR TIME AND ATTENTION TO THIS MATTER AND I HOPE YOU'LL CONSIDER THE NEGATIVE IMPACT AND PARKING ISSUES THAT THIS TYPE OF BUSINESS WILL INEVITABLY CREATE IN OUR NEIGHBORHOOD.

A COUPLE QUESTIONS FOR YOU.

AND THEN WE'RE GONNA GIVE THE APPLICANT AN OPPORTUNITY FOR REBUTTAL, WHICH IS CONSISTENT WITH OUR RULES AND MORE QUESTIONS FOR THEM.

SO, AND I APOLOGIZE AGAIN.

HERE I GO, MS. NO, YOU CAN JUST STAY RIGHT THERE.

MS. PERINE.

PERINI LIKE FETTUCCINE.

OH, FETTUCCINE PERINI.

IT'S YOUR TESTIMONY TODAY AS AN ADJACENT PROPERTY OWNER THAT PARKING ALREADY IN THAT GEOGRAPHIC AREA IS TIGHT.

IT'S IT'S TIGHT IS WHAT? PUT IT IN YOUR WORDS.

OR IS

[01:30:01]

IT'S TIGHT.

AND I CAN PROVE THAT BECAUSE I DO HAVE A PARKING LOT BUSINESS WHEN THE SILO, THAT'S THE 35,000 SQUARE FOOT VENUE.

UH, WHEN THEY SELL OUT, WE FILL OUR PARKING LOT AT NIGHT WITH PAID PARKING.

IT'S $20 TO PARK, UH, GET A PERCENTAGE OF THAT $20 AND PARK PLACE GETS A PERCENTAGE.

THAT'S HOW FAR IT COMES DOWN MANUFACTURING OVER TO MY RESTAURANT ON IRVING BOULEVARD TO PARK.

DO YOU SEE PEOPLE TR UH, TRAVERSING IRVING BOULEVARD AND THE SIX LANES? UH, IT'S VERY RARE RIGHT NOW.

IF THEY DO, THEY TR THEY CROSS AT THE LIGHT AT MANUFACTURING, WHICH IS FARTHER EAST.

IT'S FARTHER WEST, FARTHER WEST.

I APOLOGIZE.

OTHER DIRECTION? YES.

TURTLE CREEK, WHICH IS FURTHER EAST.

OR TURTLE CREEK, WHERE EVELYN IS.

EVELYN'S AT EAST EAST, YES.

NORTHEAST OF WHERE THIS PROPERTY IS.

ALRIGHT, GIVE US A MOMENT.

DO WE HAVE ANY QUESTIONS FOR THESE TWO SPEAKERS? OKAY.

SO WE'RE GONNA, THE CONSISTENT, YOU CAN GO AHEAD AND HAVE A SEAT, UH, CONSISTENT WITH OUR RULES OF PROCEDURE.

THE APPLICANT'S GIVEN A FIVE MINUTE REBUTTAL.

AND THEN, UH, THERE MAY BE QUESTIONS.

UM, I WANNA THANK MS. NANCY AND MR. TONY FOR COMING DOWN.

UM, WE, UH, REACHED OUT TO THE PARKING MANAGER, UM, OVER THE WEEKEND.

UM, LLOYD IS, UH, MR. DEON'S ALSO TALKED TO THE PARKING MANAGER, UM, TO UNDERSTAND SOME OF THEIR CONCERNS.

UM, BUT WE DIDN'T REALLY GET TO HEAR THEM UNTIL TODAY.

UM, DEFINITELY WANNA CONTINUE THE CONVERSATION.

UM, IT SOUNDS LIKE WE CAN CONNECT THE PROPERTY OWNER SO THAT NO MATTER WHAT, THAT THEY HAVE A POSITIVE RELATIONSHIP GOING FORWARD.

UM, THIS WAS SUPPOSED TO HAVE BEEN AN AUGUST CASE.

UM, I ASKED FOR A DELAY SO THAT WE COULD MAKE SURE THAT THE RESTAURANT RECEIVED A LAND USE CLASSIFICATION BY BUILDING INSPECTION.

AND THAT IS WHAT HAPPENED.

THEY WERE CLASSIFIED AS A RESTAURANT.

UM, THE COMMERCIAL AMUSEMENT THAT WE HAVE PROPOSED THAT IS THE SMALLER FRONT SPACE ON IRVING.

UM, THE OWNER WAS APPROACHED BY A GOLF SIMULATOR, UH, COMPANY THAT WOULD HAVE A MEMBERSHIP BASED ONE-ON-ONE INSTRUCTION.

VERY LOW INTENSE.

EVEN THOUGH COMMERCIAL AMUSEMENT, UH, IS A NUMBER I USE THAT CAN INCLUDE MANY THINGS.

UM, THERE'S ONLY ONE GREASE TRAP ON THE PROPERTY, SO THERE WILL NOT BE A SECOND RESTAURANT ON THE PROPERTY.

SO THAT DOES GIVE US A LITTLE BIT OF CONTROL TO KEEP THE INTENSITY DOWN.

UM, THE RESTAURANT DOES HAVE, UM, A FOOD AND BEVERAGE CERTIFICATE THAT'S REQUIRED IN THIS AREA.

UM, SO THAT MEANS THAT THEY MUST SELL FOOD, UM, AT LEAST 50% OF THEIR FOOD.

UH, THERE WAS ALSO TALK ABOUT EVENT CENTERS AND IT SOUNDS LIKE THERE'S OTHER THINGS THAT ARE BROADER THAN WHAT WE'RE ASKING FOR.

UM, WE'RE NOT PROPOSING AN EVENT CENTER.

UM, AND I BELIEVE THAT THE CONVERSATIONS WITH THE PARKING MANAGER, THAT THERE WAS ON A REGULAR BASIS, AN EXCESS OF PARKING THAT EVELYN'S CUSTOMERS DON'T USE.

MAYBE UNDER 10 SPACES ON AVERAGE.

UM, AND IF THAT'S NOT AVAILABLE FOR WHATEVER REASON, WE DO HAVE THE OTHER OWNERS THAT WE'VE TALKED TO ON EXPRESS, UM, THAT WOULD BE WILLING TO WORK WITH US ON OVERFLOW PARKING.

UM, MR. JIM, I'LL JUST ADD A FEW THINGS IN OUR CORRESPONDENCE WITH, UH, MAMA'S DAUGHTER'S DINER'S OWNER.

WE DID POINT OUT THIS PARTICULAR SPACE IS IMMEDIATELY NEXT DOOR TO THE CITY FIRE STATION NUMBER ONE.

SO THEY'LL HAVE CITY EYES ON WHAT'S GOING ON.

YOU KNOW, THEY INTEND TO BE A GOOD NEIGHBOR.

THE RESTAURANT IS ONLY 25% OF THE ACTUAL BUILDING SPACE.

SO MR. IRWIN WANTS GOOD TENANTS FOR THE WHOLE BUILDING.

HE WOULD NOT WANT TO JEOPARDIZE HIS OTHER TENANTS WITH A BAD TENANT.

AND FURTHERMORE, THIS RESTAURANT IS A CHAIN.

IT HAS A LOCATION IN HOUSTON.

IT'S IN THE UPTOWN AREA, ONE OF THE MOST EXPENSIVE AREAS OF HOUSTON.

IT'S A HIGH-END RESTAURANT, NOT A LOW-END RESTAURANT.

SO THE CLIENTELE, I BELIEVE THERE'S EVEN A SPENDING LIMIT REQUIRED WHEN YOU ATTEND THIS PARTICULAR RESTAURANT.

RESTAURANT, .

AND AS FAR AS ACTUAL PARKING NUMBERS, WE WERE NOT ENVISIONING PARKING ON THE NORTH SIDE OF IRVING.

I JUST PUT THAT ON THERE.

THERE'S A PUBLIC LOT, BUT THE REAL OVERFLOW PARKING WOULD BE WHAT'S ADJACENT ON EXPRESS AND, AND MORE PARTICULAR THE AGREEMENT WITH THE NEXT DOOR NEIGHBOR ON THE SOUTH SIDE OF IRVING.

THERE'S 27 OPEN PARKING SPACES THAT COULD BE USED FOR EXTRA

[01:35:01]

VALET.

AND THAT'S A LOT.

I COUNTED THOSE 27 IN FRONT OF 2001.

IRVING, THANK YOU VERY MUCH.

QUESTIONS FOR THE APPLICANT? I HAVE SEVERAL, BUT MR. FLEMING, PLEASE.

SO ARE, ARE THEY ADVERTISING KARAOKE? UM, ARE THEY ADVERTISING KARAOKE? UM, IT'S, NO, NOT, NO.

UM, IT'S, IT IS SORT OF AN ENTERTAINMENT TYPE RESTAURANT FROM MY UNDERSTANDING THAT THERE'S SINGING INVOLVED, UM, THAT THERE'S PROFESSIONAL SINGERS.

I'LL TRANSLATE THE NAME BECAUSE I LOOK, I WANTED TO LOOK IT.

UPPE IS HEARTBREAK LOUNGE.

SO IT'S AN IDEA.

YOU COME, YOU DINE, YOU EAT WITH YOUR FRIENDS, AND YOU SING YOUR HEART OUT.

HEARTBREAK LOUNGE.

IT'S, THERE'S LOCATIONS IN MIAMI, COSTA RICA, HOUSTON, AND NOW THEY'RE EXPANDING TO DALLAS, I GUESS.

UM, HAVING TROUBLE ENVISIONING IT STILL.

DO YOU HAVE ANYTHING LOCALLY YOU WOULD COMPARE IT TO? I DON'T GET OUT MUCH .

I DID EAT IT.

EVELYN STEAKHOUSE.

I LIKE TO DO MY RESEARCH.

THAT WAS VERY NICE.

IT HAS LIVE OR IT HAS A DJ AND SOME DANCERS.

BUT NOT DANCE SCENE.

LIKE YOU.

WELL, ANY SPORTS BAR, YOU KNOW, YOU'RE WATCHING A GAME TOGETHER, YOU'RE EXPERIENCING AN EVENT.

ANYTHING ELSE MR. FLEMING AT THIS TIME? NOT AT THIS TIME.

UH, SEVERAL QUESTIONS.

UM, MR. DENMAN, IN YOUR PARK, IN YOUR PRESENTATION AND ON PAGE 1 29 OF OUR DOCKET, YOU MENTIONED, UH, YOU REFERENCED THE, UH, RESTAURANTS AT THE OAK LAWN TRIANGLE PROPERTY.

AND YOU SAID THE TWO RESTAURANTS WITH HAS, UH, IS IS ABLE TO SUPPORT TWO RESTAURANTS WITH AVAILABLE PARKING AND THE USE OF VALET.

PARKING, PARKING, PARKING, PARKING.

YOU'VE MENTIONED MS. RITO MANY TIMES HAS MENTIONED VALET.

UM, YOU'VE MENTIONED OVERFLOW PARKING, YOU'VE MENTIONED THE PUBLIC PARKING ACROSS THE STREET.

YOU'VE MENTIONED EXTRA PARKING, UM, BEHIND YOUR PROPERTY.

I DUNNO IF IT'S 27, 26 PAGES ON ANOTHER SHEET YOU SAID NEIGHBOR PARKING.

I'M HEARING YOU MENTION ALL THIS.

YET YOU'RE ASKING FOR 52, YOU'RE ASKING FOR 18.

YOU'RE ASKING FOR 38 SPACES OF PARKING EXEMPT.

SPECIAL EXCEPTION.

YET YOU'RE, YOU'RE CLEARLY POINTING OUT THAT THERE ARE LOTS OF PLACES FOR PEOPLE TO PARK IF WE HAVE TO.

SO I'M SEPARATING THE DAY USE AND EVENING USE.

IN PARTICULAR, BECAUSE I DON'T BELIEVE THERE'S EVER GONNA BE 88 PARKING SPACES REQUIRED.

IN, IN MR. CHAIR, MY UNDERSTANDING.

ONE SECOND, MR. CHAIR.

IN MY UNDERSTANDING, MS. BOARD ADMINISTRATOR, UH, WE'RE ASKING, THAT'S WHAT'S BEING ASKED FOR US, IS MAKE A SPECIAL EXCEPTION TO PARKING BASED ON SPECIFIC USES, RIGHT? THAT'S CORRECT.

AND SO IF WE TIE A PARKING RATIO TO USE, DOES THAT TIE THE PROPERTY OWNER'S ALLOCATION OF SPACE ON THAT BUILDING TO THOSE USES? SO IT SAYS HERE, GENERAL RETAIL, IT SAYS, UH, RESTAURANT, IT SAYS PROPOSED COMMERCIAL AMUSEMENT INSIDE SAYS PRIVATE RECREATIONAL CENTER PERSONAL SERVICE, AND IT SAYS OFFICE SHOW AND WEIGHTS WAREHOUSE AND IT GIVES A SQUARE FOOTAGE FOR EACH.

DOES THAT LOCKING THEM TO THAT OR CAN IF WE GRANTED SOMETHING, CAN THEY REAR REARRANGE THINGS? HOW DOES THAT ALL WORK? NO, THEY WOULDN'T BE ABLE TO REARRANGE.

TURN YOUR MIC ON SO I CAN, OR YEAH, THEY WOULDN'T BE ABLE TO REARRANGE ANYTHING.

'CAUSE IT'S GONNA BE TIED TO THAT.

THE PARKING DEMAND IS BASED UPON THE USES THAT THEY PROVIDED.

IN THE SQUARE FOOTAGE.

IN THE SQUARE FOOTAGE OF THE TOW.

AND OH, BY THE WAY, WE CAN GO ACROSS THE STREET FOR THE PUBLIC PARKING OR THE NEIGHBOR PARKING OR THE NEIGHBOR PARKING OVER HERE, OR THE PUBLIC PARKING OVER HERE.

UM, MS. HERMO TO EARLIER YOU SAID YOU'RE PROVIDING 72 SPACES.

YOU'RE NOT, YOU'RE ONLY PROVIDING 52, THE 20 DELTA CREDIT CREDITS ARE IN THE, IN THE CLOUD.

YOU SAID 72? IT'S 50 52.

COME ON.

UM, THIS IS HOW THE STAFF HAS PRESENTED IT.

THIS IS HOW WE HAVE PREVENT PRESENTED IT.

I HEAR YOU.

I, THIS IS ACTUALLY, UM, PD 60 21 IS ONE OF THE ONLY PARK, UH, PLANNED ZONING DISTRICTS THAT LETS DELTA CREDITS CARRY FORWARD.

THERE IS A LOT OF PARKING REGULATION IN PD 6 21 BECAUSE OF THE UNIQUE CHARACTERISTIC AND DESIGN, UH, DEVELOPMENT PATTERN.

TOTALLY GET YOU.

BUT WHAT I'M, BUT, BUT IN MY MIND, YOU'RE DOUBLE DIPPING .

ONE, YOU'RE GETTING, YOU'RE, YOU'RE MOVING FORWARD 20 PARKING SPACES THAT DON'T REALLY EXIST BUT HAVE SOME LEGACY AND YOU'RE ASKING FOR AN ADDITIONAL 16 SPACES.

[01:40:01]

BUT IN MY EXHIBIT ONE, WE WERE TRANSPARENT AND COLOR CODED EVEN WHAT WAS THERE ON THE GROUND AND WHAT WAS REQUIRED BY CODE.

WE, WE, WE DIDN'T TRY TO HIDE ANYTHING.

I GET YOUR POINT.

I'M TALKING, WE GET YOUR POINT.

I'M TALKING ABOUT ON THE GROUND, IM TALKING ABOUT GREEN.

IF IM A PRO, IF I'M A TAXPAYER IN DALLAS AND I CHOOSE TO GO TO THIS BUILDING, HOW DO I ALLOCATE AND NUMBER ONE, WITHIN THE SPACE AND THE ADJACENCY TO A SIX LANE HIGHWAY OR STREET OR WHATEVER YOU WANT TO CALL IT, UM, HAVE YOU CONSIDERED OFFERING AS PART OF YOUR REQUEST VALET PARKING? UM, THAT'S WHAT I WAS GONNA BRING UP EARLIER, THAT WHILE WE'RE TALKING ABOUT ALL THESE OTHER OPTIONS FOR PARKING, THAT'S ONE OF THE CRITERIA THAT YOU'RE EVALUATING US FOR.

THAT WE HAVE, UH, MITIGATION OPPORTUNITIES.

SO THAT'S, THAT'S WHY WE KEEP BRINGING UP OTHER OPTIONS.

BUT YES, VALLEY IS SOMETHING THAT WE WOULD, UH, I BELIEVE THE RESTAURANT IS ANTICIPATING DOING.

BECAUSE I CAN SEE US CONSIDERING SWALLOWING THE DELTA CREDITS AND A AND A REQUEST IF VALET PARKING WAS REQUIRED.

OH YES.

UM, WE, THIS IS ONE OF THESE HARD THINGS.

HOW DO WE SITTING HERE KNOW WHAT THE PARKING DEMAND'S GONNA BE AT A LOCATION SPECIFIC THREE, SIX MONTHS FROM NOW? AND I, I GET THE VIDEO YOU TOOK, BUT I ALSO HEARD THE ADJACENT PROPERTY OWNER SAY THAT, YOU KNOW, WHAT HAPPENS AT 10, 11 O'CLOCK AT NIGHT IN THAT AREA IS THICK AND PEOPLE ARE INVADING HER PROPERTY, HER PARKING LOT, AND THOSE SORT OF THINGS.

SO, UM, I I'M JUST TRYING TO BALANCE WHAT YOU'RE PROJECTING, WHAT SHE'S EXPERIENCING AND HOW TO PUT OUR, AND I'M LOOKING AT THIS MAP THAT WE GET FROM THE CITY, THIS, THIS AERIAL MAP AND SAY, OKAY, HOW IS THIS GONNA PAN OUT? AND I UNDERSTAND THE DELTA CREDITS AND ALL THOSE SORT OF THINGS.

SO THOSE AREN'T REAL.

'CAUSE THAT REDUCES PARKING SPACE.

AND I'M THINKING, HOW IS THIS GONNA BLEED DOWN EXPRESS STREET OR AN IRVING BOULEVARD OR ACROSS THE STREET? UM, TO MR. IRWIN'S CREDIT, HE REDUCED THE FLOOR AREA OF THE EXISTING BUILDING SIGNIFICANTLY BY 4,000 SQUARE FEET.

SO HE REDUCED THE FLOOR AREA AND HE ADDED 24 NEW PARKING SPACES THAT WERE NOT THERE BEFORE, YOU KNOW, ADJACENT TO THE SITE.

SO HE SHRUNK THE BUILDING, HE INCREASED THE PARKING, AND THEN HE'S TRYING TO CREATE A MIX OF USES THAT ARE GOOD FOR THE OVERALL NEIGHBORHOOD.

ONLY 25% OF WHICH IS THE RESTAURANT ONLY.

SO IT SAYS ON THIS REPORT THAT YOU GAVE US, IT SHOWS 88 IS THE PEAK PARKING AT NOON AND 85 IN THE EVENING.

THAT'S PER THE PD SHARED PARKING.

BUT YET 85 YET 20 AREN'T REAL.

'CAUSE THEY'RE DELTA CREDITS BACK TO MY COLOR CODED EXHIBIT.

I I I'M JUST LOOKING IN TOTAL, I'M JUST LOOKING IN TOTAL AND YOU'RE ASKING US TO GRANT YOU TO ABSORB THE 20 DELTA CREDITS THAT AREN'T REAL AND ADDITIONAL 16 SPACES.

THAT'S WHAT I'M, I'M TRYING TO ABSORB AGAINST A NEED OF 85 OR 88.

THAT'S WHAT I'M TRYING TO BALANCE.

NEIGHBOR POLICY YOU WANNA WORK WITH.

AND WHEN WE SHOW THE RESTAURANT IS A NIGHT USE THAT GENERATES 48 OF THOSE 88, BUT YOU, THERE'S AM PARKING.

BUT YOU KNOW AS WELL AS WE KNOW THAT WE DON'T CONTROL WHAT A PROPERTY OWNER USES THE SPACE.

IT, IF YOU PERMIT THE COMMERCIAL AMUSEMENT OR THE PRIVATE REC OR THE OFFICE SHOWROOM OR THE GENERAL RETAIL THAT'S UP TO THE PROPERTY OWNER TO DETERMINE WHAT HOURS AND WHAT TO PUT IN THERE.

THAT'S NONE OF OUR BUSINESS.

AND YOU'RE NOT COMMITTING TO A CERTAIN TYPE OF USE AND CERTAIN HOURS TODAY.

NOR WOULD WE ASK YOU TO.

THAT'S A LITTLE BURDENSOME, RIGHT? SO WE HAVE TO ASSUME IT'S OCCUPIED AND ASSUME IT'S EMPLOYEE, ASSUME IT'S EMPLOYEES AND CUSTOMERS, RIGHT.

AND AGAIN, THAT'S WHAT I'M TRYING TO PUT MYSELF IN, LOOKING AT THE NEED OF 85 OR 88.

HMM.

YET WE'RE GONNA LOSE 20 BECAUSE OF THIS DELTA THING.

AND YOU WANT 16 BELOW THAT.

AND I LOOK AT THE COMPARISON TO 85 OR 88 YOUR NUMBERS.

SO I'M THAT, THAT'S WHERE MY MIND IS TRYING TO WRAP AROUND.

I'M NOT GONNA CONSTRAIN YOUR USE OF THE SPACE.

SO HENCE WHY I ASK ABOUT THE VALET.

UM, WHAT WE HAVE DONE IN THE PAST, WHICH WE MAY CONSIDER AGAIN TODAY, IT'S UP TO THE BOARD, IS WE, WE REQUIRE VALET AND OR DO A ONE YEAR LOOK BACK TO SEE HOW WELL YOU ARE IMPACTING AN ADJACENT PROPERTY OWNER THAT ALSO TIES YOU AT THE HIP OF MAKING SURE YOU ARE DOING THE THINGS YOU SAY YOU WOULD DO.

AND LIKE I SAID, MR. HER, MS. OTTO, YOU'RE SAYING ALL THE RIGHT THINGS, GOOD

[01:45:01]

I AGREE WITH ALL THAT.

A ONE YEAR LOOK BACK REALLY TIES IT TO THAT.

SO THOSE ARE SOME OF THE THINGS THAT WE'VE DONE IN THE PAST BECAUSE THIS WHOLE PARKING THING IS NOT SCIENTIFIC AS MUCH AS WE'D LIKE IT TO BE.

WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? MR. DORN, IN YOUR PARKING SPACES? HAVE YOU FACTORED IN ASSOCIATE PARKING FOR EACH OF THESE BUSINESSES? BECAUSE EVEN EMPLOYEES, SO EVEN QUICK MATH SAYS YOU WOULD NEED SIX TO 10 FOR THE RESTAURANT ALONE AND THAT'S LEAVING THE OTHER BUSINESSES OUT.

UM, SO THE, THE PARKING REQUIREMENTS INCLUDE EMPLOYEES, INCLUDES CUSTOMERS.

SO WE'RE NOT ALLOCATING DESIGNATION FOR ANY OF THE PARKING SPACES TO BE ONE OR THE OTHER.

UM, I THINK THE EMPLOYEE, UH, PARKING IS A GREAT OPPORTUNITY TO HAVE THAT OFFSITE WITH A NEIGHBOR.

UM, AND THAT WAY THE CUSTOMERS WOULD HAVE THE IMMEDIATE PARKING ADJACENT TO THE BUILDING.

AND OFTEN THAT IS MANAGED BY THE PROPERTY OWNER.

YOU KNOW, THEY WANT TO HAVE CLIENT PARKING AVAILABLE.

SO IF THE EMPLOYEES ARE USING TOO MANY SPACES, THEY'LL EITHER ASK THEM TO CARPOOL OR COME ANOTHER WAY OR PARK SOMEWHERE ELSE.

YOU KNOW, THEY, THEY WANT MANAGE THE SITE.

THANK YOU THAT THAT HAS BEEN A CONCERN OF MINE.

AND I DON'T KNOW HOW TO ALLOCATE, YOU KNOW, WE DON'T KNOW WHAT TYPE OF BUSINESS.

IT CAN BE COMMERCIAL MENT OF THESE OTHER SPACES.

HE WAS REFERRING JUST, YOU KNOW, THE RATIO ON, ON THE RESTAURANTS AND WHAT HAPPENS.

SO CLEARLY THE BOARD WANTS A PROPERTY OWNER TO GET A GOOD RETURN ON HIS INVESTMENT AND TO BE POSITIVE FOR THE NA PO UH, FOR THEIR BUSINESSES.

BUT WE ALSO WANNA MAKE SURE WE DON'T CREATE A NEGATIVE ADVERSE EFFECT FOR SURROUNDING PROPERTY OWNERS.

THEY, AND KUDOS FOR THE TWO PROPERTY OWNERS THAT TOOK THE TIME TO COME HERE AND SPEAK PROFESSIONALLY AND CALMLY ABOUT SOME OF THE FRUSTRATIONS THAT THEY'RE CURRENTLY CURRENTLY EXPERIENCING.

AND NOW I WILL SAY TO YOU, UM, UH, THAT WE, IT'S NOT THE POSITION OF THE BOARD OF ADJUSTMENT.

I'M SPEAKING TO THE TWO IN OPPOSITION.

IT'S NOT THE POSITION OF THE BOARD OF ADJUSTMENT TO DETERMINE TYPES OF USES THAT'S UNDER THE CODE.

THE CODE SAYS YOU CAN DO COMMERCIAL USE OR RESTAURANT OR EACH OF THESE USES.

OUR PURVIEW IS IF THERE'S A PARKING REQUEST, IT TIES TO THAT USE.

SO SOME OF THE CONCERNS THAT YOU MENTIONED ABOUT IN THE EVENING AND TYPE OF RESTAURANT OR TYPE OF USE, I, IF THE PD ALLOWS THAT AS PART OF THEIR TABLE USES, WHICH I'M GUESSING THEY DO, I NEED TO HEAR A YES.

I'M GUESSING THEY DO.

THEY'VE ALREADY GOT THAT RIGHT IN PLACE AND YOU'D HAVE TO CHANGE THE PD APPLYING DEVELOPMENT IN ORDER TO PROHIBIT THAT.

SO WE'RE NOT TALKING ABOUT THEIR ABILITY TO USE THOSE SPACES.

THAT'S ALL RIGHT.

WHAT THEY'RE ASKING FOR IS, IS TO BE MITIGATED ON PARKING IF THAT HAPPENED, IF THEY USE IT IN A CERTAIN WAY.

BOARD MEMBERS, WHAT ARE THE QUESTIONS? OTHERWISE, I'M, I'M PREPARED TO MAKE A MOTION IF NO ONE ELSE WANTS TO.

ATTORNEY, UH, AGREES TO THE SENTIMENT WE'RE DOING.

MS. BOARD ATTORNEY.

OKAY, SO I'M GONNA GET LANGUAGE.

OKAY, GIMME ONE SECOND TO READ THIS AGAIN.

I'M GONNA MAKE A MOTION BOARD, UH, AND THEN I'M SUBJECT TO WHAT THE, THE SENTIMENT OF THE BOARD IS.

IF WE, IF WE WANNA MODIFY IT.

I THINK THIS IS APPROPRIATE.

THIS IS SOMETHING WE'VE DONE IN THE PAST.

UM, THAT DOESN'T MEAN IT HAS TO BE APPLIED TO THIS.

IT'S JUST ONE OF THE TOOLS, UM, TO THE OPPOSITION.

I'M, WHAT THE BOARD IS TRYING TO DO IS WHAT I SAID A SECOND AGO, AND THAT IS SUPPORT A PROPERTY OWNERS INVESTMENT REINVESTMENT, BUT ALSO MAKE SURE THEY'RE RESPECTFUL OF THE SURROUNDING PROPERTY OWNERS.

THERE'S IS AN ATTEMPT TO BE TO A BALANCE.

UM, I MOVE THE BOARD OF ADJUSTMENT APPEAL NUMBER PO OA 2 6 0 0 0 0 5 7 ON APPLICATION OF JENNER JENNIFER, HER MOTO GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 72 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATION CONTAINED IN DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES, ARE YOU SURE THAT HOLD ON ONE SECOND.

I APOLOGIZE.

THE 16.

OKAY, I'M GONNA READ THIS AND MAKE SURE THE

[01:50:01]

I MOVE THE BOARD OF ADJUSTMENT TO PBA 2 6 0 0 0 0 5 7 IN THE APPLICATION.

JENNIFER HERON TO GRANT THE REQUESTS OF THE APPLICANT TO PROVIDE 72 OFF STREET PARKING SPACES TO THE OFF STREET PARKING REGULATION, CONTAIN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 88 OFF STREET PARKING SPACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC OR INCREASE TRAFFIC CONGESTION ON THE ADJACENT OR NEARBY STREETS.

VERY KEY.

AND THE PARKING DEMAND GENERAL BY THE USE THERE IS NOT WARRANT THE RECORDER NUMBER OF PARKING SPACES TO BE DETERMINED.

GUYS.

UM, THIS SPECIAL SECTION IS GRANTED FOR A RESTAURANT WITHOUT OR WITHOUT A DRIVE-IN OR DRIVE-THROUGH SERVICE, PERSONAL SERVICE, GENERAL MERCHANDISE FOOD STORE GREATER THAN OR LESS THAN 3,500, UH, SQUARE FEET OFFICE, SHOWROOM WAREHOUSE AND COMMERCIAL MUSIC INSIDE.

UM, I FURTHER MOVE THAT THE CONDITION BE IMPOSED.

THE SPECIAL EXCEPTION OF 16 SPACES SHALL AUTOMATICALLY IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT DRIVING OR DRIVE THROUGH SERVICE, PERSONAL SERVICE, GENERAL MERCHANDISE AND FOOD SERVICE GREATER THAN OR LESS THAN 3,500 SQUARE FEET.

OFFICE SHOWROOM WAREHOUSE AND COMMERCIAL AMUSEMENT INSIDE USE ARE CHANGE OR CONTINUED DISCONTINUED IN ADDITION THAT THE APPLICANT MUST PROVIDE VALET SERVICES FOR THE RESTAURANT.

IS THAT WHAT THE, WHAT WE'RE SAYING? I GUESS WHAT I'M SAYING, VALET VALET SERVICES FOR THE PROPERTY IS WHAT I'M GONNA SAY FOR THE PROPERTY.

UM, AND, AND ALSO THE APPLICANT MUST APPEAR BEFORE THE BOARD FOR A REASSESSMENT OF SPECIAL EXCEPTION WITHIN 12 MONTHS OF THE ISSUANCE OF THE CERTIFIC OCCUPANCY.

NOW BOARD ATTORNEY, DO I WANNA SAY, OR IMMEDIATELY, UH, OR IT IMMEDIATELY TERMINATES BECAUSE IT'S, IT, IT NEEDS TO HAVE A, A FORCED EFFECT OR IT IMMEDIATELY TERMINATES AT THE END OF THIS 12 MONTH PERIOD.

PERIOD.

THAT'S MY MOTION.

DISCUSSION AND THE SECOND BY MS. DAVIS.

WHAT I'M TRYING TO DO IS THE BALANCE BETWEEN THE REDEVELOPMENT OF AN AREA AND THE UNKNOWN PARKING IMPACT.

I'M NERVOUS ABOUT THE APPLICANT TALKING ABOUT ALL THESE PUBLIC PARKING SPACES AND NEIGHBORS PARKING AND A DOWN EXPRESS STREET AND NEIGHBOR BEHIND A NEIGHBOR BEFORE WE'VE HEARD TESTIMONY FROM AN ADJACENT PROPERTY AREA THAT SAYS THERE'S ALREADY PARKING CHALLENGES IN THE AREA.

UH, THE ONE YEAR LOOK BACK IS SOMETHING WE'VE UTILIZED BEFORE.

AND SO IT GIVES THIS BOARD THE OPPORTUNITY AND IT GIVES THE SURROUNDING PROPERTY OWNER KNOWING, UH, TEETH TO KNOW THAT THERE'S A ONE YEAR WINDOW TO LOOK BACK.

IT REINFORCES THE TESTIMONY OF THE APPLICANT TO SAY THEY'RE COMMITTED TO BE GOOD NEIGHBORS AND NOT CREATE ISSUES IN THE NEIGHBORHOOD.

UH, THAT IS WHAT THE REASON WHY I MADE THIS REQUEST, MS. DAVIS DISCUSSION OF THE MOTION.

I'M SUPPORTING THIS MOTION BECAUSE I BELIEVE THE CHAIRMAN MADE A A VERY FAIR MOTION, UM, AND PUT IN SOME, SOME STOP GAPS SO THAT WE CAN ENSURE THAT, UM, THE PARKING DEMAND IS NOT, IS NOT EXCESSIVE AND CAUSES A TRAFFIC HAZARD.

SO FOR THAT REASON, I'M SUPPORTING THIS MOTION.

THANK YOU MS. DAVIS.

OTHER DISCUSSION ON THE MOTION, MR. FLEMING? YEAH, I'M, I VERY MUCH APPRECIATED THE OTHER PROPERTY OWNERS COMING DOWN HERE VOICING THEIR CONCERNS.

UM, I THOUGHT THAT I WOULD LOVE TO SEE WHAT HAPPENS WITH THEIR CONCERN.

YOU KNOW, LIKE I I I THINK THAT THEY, I THINK THAT THEY'RE RIGHT TO BE WORRIED ABOUT THIS AND I'D LOVE TO SEE HOW IT PLAYS OUT.

SO I I APPRECIATE THAT THIS, UH, THE WAY THAT YOU'VE STRUCTURED THIS SO THAT, YOU KNOW, UM, THE INVESTOR CAN PROCEED WITH THEIR INVESTMENT WHILE STILL HAVING SOME OPTION FOR THE NEIGHBORS TO MAKE SURE THAT THIS IS A SOLUTION THAT WORKS FOR THEM.

THANK YOU MR. FLEMING.

ANY OTHER DISCUSSION ON THE MOTION? I'LL EDITORIALIZE TO THE APPLICANT AND TO THE ADJACENT PROPERTY OWNERS, PLURAL? UM, OUR SCOPE HERE, OH, GOTTA GO TO THE LANGUAGE.

ONE SECOND.

HOLD ON.

OUR SCOPE IS ACCORDING TO THE CODE, ACCORDING TO THE CODE, IS THAT WE'RE ALLOWED, UH, WE'RE ALLOWED TO DO THIS SPECIAL EXCEPTION IF WE FEEL THE PARKING DEMAND GENERATED BY THE OWNER DOES NOT WARRANT THE NUMBER OF OFF STREET PARKING SPACES.

THE SPECIAL WOULD NOT CREATE A TRAFFIC HAZARD OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.

THAT'S WHAT THE CODE SAYS.

SO WE'RE TRYING TO HUGE DIRECTLY TO THE CODE.

WE CAN'T DETERMINE USE INSIDE THE SPACE.

THAT'S A PLANNING COMMISSION IN THE CITY COUNCIL.

UM, WE'RE ZEROING IN ON THAT COMPONENTS.

THE CODE ALSO SAYS THAT WE CAN PROVIDE, WE CAN DO SPECIAL CONDITIONS AND THAT'S WHAT WE'VE DONE.

UM, WHEN THIS COMES BACK TO US IN Y ONE YEAR, MS. OTTO,

[01:55:01]

YOU'RE A LONG TERMER.

YOU, YOU'RE NOT GONNA PRESS THE DEADLINE, YOU'LL BE HERE BEFORE IT EXPIRES.

'CAUSE IT WOULD EXPIRE ONE YEAR FROM TODAY.

AND SOMETIMES WE'VE HAD FIGHTS WITH APPLICANTS AND THE STAFF ABOUT, YOU KNOW, DOES THIS APPLY ONE YEAR FROM THE CEO BEING ISSUED? I APOLOGIZE.

IT EXPIRES.

AND THEN SO YOU DON'T WANT TO DO IT THE LAST SECOND BECAUSE THE STAFF KNOWS WE OF WHAT OUR INTENTION IS, IT'S ONE YEAR FROM THE CO BEING ISSUED IS OF I OF ANY OF THESE USES, CORRECT? OF ANY ONE OF THESE USES STARTS.

THAT'S THE ONE YEAR CLOCK.

LIKEWISE, WE'RE EXPECTING YOU TO BE GOOD NEIGHBORS.

WHAT DOES THAT MEAN? USE YOUR GOOD JUDGMENT.

YOU WANT THEM TO BE HERE A YEAR FROM NOW CHEERING YOU.

WE MAY OR MAY NOT BE HERE A YEAR FROM NOW, BUT WE'RE GONNA HAVE LONG MEMORIES AND WE WANT YOU TO WANT, WE WANT THIS TO BE A POSITIVE THING, NOT NEGATIVE.

AGREED.

MR. DORN, UH, MR. CHAIRMAN, I JUST WANNA BE CLEAR ON THE CERTIFICATE OF OCCUPANCY, DOES THAT APPLY SIMPLY FOR THE RESTAURANT OR FOR THE ENTIRE BUILDING? UM, MY BOARD ADMINISTRATOR, YOU HEAR HIS QUESTION? YOU WANTED TO APPLY TO ANY ONE OF THE COS TO ANY ONE OF THE COS OR, OR TO ANY A CO FOR EITHER ONE OF THE USES THAT THEY'RE PROPOSING FOR THIS LOCATION? SO AS SOON AS THE FIRST CO'S ISSUED, THE ONE YOUR CLOCK BEGINS? YES.

IS THAT WHAT YOU'RE WANTING? MM-HMM .

OR I GUESS IF YOUR CONCERN IS THE, THE TRAFFIC FOR THE RESTAURANT, THEN MAYBE YOU CAN IMPOSE SPECIFICALLY SAY, UM, FOR CO FOR THE RESTAURANT.

BUT OTHERWISE IT WOULD BE FOR EITHER ONE OF THE, YOU KNOW, MISS BOARD ADMINISTRATOR.

I THINK THAT'S WHAT THE, I THINK THAT'S THE BIG ONE.

SO I THINK IT SHOULD BE TIED TO THE CO FOR THE RESTAURANT, DON'T YOU THINK MR. CHAIRMAN? YES.

THE REASON I ASKED THE QUESTION WE'RE DISCUSSING THIS IS LEGITIMATE.

GO AHEAD.

THE REASON I ASKED THE QUESTION IS THAT IF, SAY FOUR THE AREAS WERE OCCUPIED IN ONE WAS NOT OCCUPIED, THAT METER WOULD KEEP RUNNING UNTIL THAT TO PRE TO PREVENT THAT METER FROM RUNNING BECAUSE THE FIFTH COULD REMAIN UNOCCUPIED IN PERPETUITY.

WELL, SO WHAT IS THE SENTIMENT OF THE BOARD? DO WE WANT THE, THE ONE YEAR LOOK BACK TO BEGIN WHEN THE FIRST CO'S ISSUED? OR DO WE WANT IT TO BE WHEN THE RESTAURANT COS ISSUED, SEND ON RECORD PLEASE, RESTAURANT, WHATEVER OTHER OPINIONS.

I THINK THAT'S THE MOST INTENSE USE.

SO THAT'S GONNA CREATE THE, THE RIPPLE EFFECT IF THERE IS ONE ACROSS THE STREET ADJACENT OR WHATEVER, I DON'T THINK THESE OTHERS ARE GONNA CREATE A RIPPLE EFFECT.

SO DOES THAT GIVE BUILDING INSPECTION ENOUGH TEETH IN YOU GUYS FOR THE LOOKBACK? IS THAT AGREEABLE TO YOU AS AN APPLICANT? YES SIR.

I'M GONNA TRUST IS MS. OTTO WILL PRESUMABLY MAY BE HERE A YEAR FROM NOW AND I WE'RE GONNA REMEMBER TO MAKE SURE THIS, PLEASE MAKE SURE THAT YOU'RE COMMUNICATE IN A TIMELY WAY.

SO I THINK THAT'S WHAT WE'RE GONNA DO.

ALRIGHT, SO MY MOTION IS AMENDED TO SAY ONE YEAR FROM THE ISSUANCE OF THE CEO FOR THE RESTAURANT.

OKAY? YOU GOT THAT FOR YOUR, OKAY, SO THAT'S THE AMENDED MOTION.

ARE YOU AMENABLE TO THAT AMENDMENT? OKAY.

DISCUSSION.

THE BOARD SECRETARY WILL CALL THE VOTE.

MOTION TO GRANT PASSES FIVE TO ZERO IN THE MATTER OF BO OA 2 6 0 0 0 5 7.

THE BOARD UNANIMOUSLY IN A FIVE TO ZERO VOTE GRANTS THE REQUEST FOR A SPECIAL EXCEPTION FOR ALL STREET PARKING WITH THE REQUIREMENT THAT THE APPLICANT MUST APPEAR BACK BEFORE THE BOARD FOR A REASSESS THE SPECIAL EXCEPTION WITHIN 12 MONTHS OF THE ISSUANCE OF, OF THE CERTIFICATE OF OCCUPANCY FOR THE RESTAURANT OR IT TERMINATES SECOND THAT A VALET SERVICES MUST BE PROVIDED FOR THE PROPERTY.

YES, LIKE I'M NOT LOUD ENOUGH.

, THANKS A LOT.

THAT'S WHY YOU'RE MA RUN A GOOD RESTAURANT.

SO YOU HAVE A NEIGHBOR RIGHT THERE.

AND MS. HARIMOTO IS A VERY HONORABLE FORMER CITY EMPLOYEE THAT'S GONE TO THE, GONE TO THE LIGHT SIDE AND SHE'S HONORABLE TO HER, HER CHAIRMAN RIGHT HERE TO SAY SHE'S GONNA MAKE SURE THAT YOU'RE INFORMED OF WHEN THAT CO IS ISSUED.

OOH, I IT WASN'T CALLED THAT THAT IT DIDN'T GET TO OUR AGENDA.

SHE HAS THE STAFF TO MOVE IT.

, SHE'S SMART.

GET IT OUT OF THE CHAMBER.

OKAY, SO ALL, ALL THIS HAS TO BE ON THE RECORD, SO I REALLY HAVE TO STOP.

SO WHAT I, WHAT

[02:00:01]

PLEASE DON'T WANNA BURN GOODWILL.

THANK YOU FOR COMING.

OKAY, WHAT'D SHE SAY? YES.

WE'RE GONNA TAKE A BRIEF BREAK.

UH, THE NEXT CASE WE HAVE IS BO A TWO SIX DASH 0 0 0 0 2 6 AT 6 6 3 2 CHURCHILL WAY IS THE APPLICANT HERE.

IT IS, UM, 3:00 PM ON THE 15TH OF SEPTEMBER.

WE'RE GONNA TAKE A 10 MINUTE BREAK.

WE WILL RECESS UNTIL 3:10 PM BOARD OF ADJUSTMENT PANEL A IS IN RECESS UNTIL 3:10 PM 7:00 PM ON THE 15TH OF SEPTEMBER.

THE BOARD OF ADJUSTMENT PANEL A IS CALLED BACK INTO SESSION.

[26-2946A Application of Scott Clements for (1) a special exception to the fence height regulations, for (2) a special exception to the fence opacity regulations, and for (3) a special exception to the 20-foot visibility obstruction regulation at the driveway approach at 6632 CHURCHILL WAY. This property is more fully described as Block 2/7459, Lot 3, and is zoned R-16(A), which limits the height of a fence in the front yard to 4-feet, requires a fence panel with a surface area that is less than 50 percent open may not be located less than five feet from the front lot line, and requires a 20-foot visibility triangle at the driveway approach. The applicant proposes to construct and/or maintain an 8-foot-high fence in a required front-yard, which will require (1) a 4-foot special exception to the fence height regulations, to construct and/or maintain a fence in a required front-yard with a fence panel having less than 50 percent open surface area located less than 5 feet from the front lot line, which will require (2) a special exception to the fence opacity regulations, and to construct and/or maintain a single-family residential fence structure in a required 20-foot visibility obstruction triangle at the driveway approach along Churchill Way, which will require (3) a special exception to the 20-foot visibility obstruction regulation at the driveway approach. This case was held under advisement on July 14, 2026. Location: 6632 CHURCHILL WAY Applicant: Scott Clements Senior Planner: Bryant Thompson Request(s): (1) a special exception to the fence height regulations, for (2) a special exception to the fence opacity regulations, and for (3) a special exception to the 20-foot visibility obstruction regulation at the driveway approach. Staff Recommendation: No staff recommendation. BOA-26-000026]

PLEASE COME FORWARD BEFORE WE BEGIN.

SIR, WOULD YOU PLEASE TAKE YOUR HAT OFF? WE'RE INSIDE A CITY BUS, UH, CITY HALL.

UM, UM, MS. WILLIAMS, DO WE HAVE OTHER SPEAKERS ON 0 0 0 0 2 6? UH, YES, WE HAVE, UM, ONE IN OPPOSITION OKAY.

IN THE APPLICANT AND, UM, ONE, FOUR AND ONE IN OPPOSITION.

AND ARE THEY BOTH FOR THOSE THAT ARE IN HERE IN PERSON OR NO, NOTHING'S ONLINE.

VERY GOOD.

UM, OR I'M SORRY, ARE YOU MR. CLEMENTS? OKAY.

VERY, UH, IS MR. IS, UM, MR. HEAT COMING? OKAY.

SO WE HAVE ONE IN FAVOR AND ONE IN OPPOSITION.

CHARLES SCOTT CLEMENTS, 52 49 NOVAK STREET, CATTLE MILLS, TEXAS 7 5 1 3 5.

UM, OUR RULES OR PROCEDURE FOR CASES ARE THE APPLICANTS GIVEN FIVE MINUTES TO PRESENT.

ANYONE ELSE IN FAVOR IS ALSO GIVEN THE SAME FIVE MINUTES.

ANYONE IN OPPOSITION'S GIVEN FIVE MINUTES AND THEN THE APPLICANT'S GIVEN FIVE MINUTES IN REBUTTAL? UM, I, AS I'VE SAID TO ALL THE OTHER CASES TODAY AND TO, UH, AND FOR YOURS, UH, I'LL GIVE YOU WHATEVER TIME IS NECESSARY FOR YOU TO MAKE YOUR CASE.

I WILL GIVE THE SAME EQUAL AMOUNT OF TIME TO THE PERSON SPEAKING IN OPPOSITION.

AFTER YOU GIVE YOUR, UH, YOUR, UH, YOUR PRESENTATION, YOU MAY HAVE QUESTIONS THAT COME FROM US OR WE MAY WAIT FOR THE OTHER SPEAKER AND WE'LL GO FROM THERE.

UH, IF YOU BOTH STAND UP, PLEASE MA'AM.

AND OUR BOARD SECRETARY WILL SWEAR YOU IN.

DO YOU, I'M SORRY.

UM, DO YOU SWEAR OR AFFIRM, UH, TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? OKAY.

ALRIGHT, GO AHEAD AND TURN YOUR MIC ON THERE.

ALRIGHT SIR, IF YOU GIVE US YOUR NAME AND ADDRESS AND YOU MAY PROCEED.

SO WE WERE HERE BEFORE WITH THIS MATTER AND WE WERE JUST COMING BACK TODAY TO SAY THAT WE WERE WANTING TO KNOW ON THE MAIN WALL.

THE PROBLEM WAS IT WAS A SOLID WALL, NOT A SEE-THROUGH WALL, AND IT'S ONLY THREE FOOT SIX OFF OF THE PROPERTY LINE, NOT FIVE FOOT.

SO WE WERE ARE WILLING TO MAKE THAT WALL 50% TAKE OUT THE SOLID PIECES, MAKE RIGHT IRON THERE, THE EIGHT FOOT BOARD ON BOARD FENCE ON THE SIDES.

UH, WE WERE WANTING TO KNOW IF WE COULD CUT THAT DOWN TO THE FOREFOOT ON THE 35 FOOT BUILD LINE THAT'S ON THE STAMP SET OF PLANS THAT WE WERE WITH APPROVED BY THE CITY.

AND WE MET WITH THE CITY OUT THERE AND THE VISIBILITY IS WITHIN Y'ALL'S GUIDELINES.

SO WE WERE WANTING TO KNOW WHERE THE GATE WAS.

IF WE COULD LEAVE THAT PART LIKE IT IS IF WE FIXED THE FOUR FOOT WALL OPENED AND CUT THE EIGHT FOOT GATE, THE EIGHT FOOT WOOD FENCE, BACK TO 35 FOOT AT FOUR FOOT.

ANYTHING ELSE? THAT'S PRETTY MUCH IT.

SO, HEY, DO YOU HAVE ANY REVISED PLANS THAT YOU'RE PROPOSING TO DO FOR THE PROPERTY? DO YOU HAVE ANYTHING IN WRITING FOR US? I DON'T.

UM, OUR LAST HEARING WAS JULY 15TH.

FENCE WALLS THAT ARE IN THE FRONT YARD, WHICH IS, ARE IN FRONT OF THE, THE, THE, THE HOME THAT WAS BUILT.

UM, IT WAS EXTENSIVE.

THERE WERE TWO OTHER GENTLEMEN WITH YOU AND WE SPOKE TO YOU ABOUT OUR CONCERNS ABOUT THE HEIGHT TO THE FRONT WALL, THE OPACITY, THE, THE SEE-THROUGH THIS, THE VISIBILITY TRIANGLE AND ALSO THE

[02:05:01]

AND WE AGREED TO HOLD IT OVER UNTIL THIS MEETING, WHICH IS THE 15TH, WHICH IS 45 DAYS, OR EXCUSE ME, IS TWO MONTHS, 60 DAYS.

WITH THE ANTICIPATION WE WOULD HAVE REVISED PLANS BECAUSE WE CANNOT ACT ON VERBAL REQUESTS EITHER VERBAL FROM THE STAFF OR VERBAL FROM AN APPLICANT OR VERBAL FROM A NEIGHBOR.

WE HAVE TO RESPOND ON SPECIFIC WRITTEN PLANS BECAUSE FROM THOSE PLANS, BUILDING INSPECTIONS, MEASURES THAT AND MOVES FORWARD.

SO IF YOU DON'T HAVE ANY REVISED PLANS FOR US TODAY, SIR, THERE'S NOTHING THAT WE CAN, UH, MAKE A DECISION ON.

I HEARD YOUR, YOU SAY YOU TALK ABOUT THE FRONT WALL AS FAR AS THE HEIGHT.

I HEARD THE ISSUE OF THE VISIBILITY, THE OPACITY, AND ALSO THE VISIBILITY TRIANGLE AND THE SIDEWALL.

BUT I REALLY, WE CAN'T REALLY MAKE A DEFINITIVE DECISION UNLESS YOU HAVE DRAWN PLANS.

WELL, THE FENCE COMPANY THAT BUILT THE FENCE, THEY WERE SUPPOSED TO SUBMITTED REVISED PLANS TO DIANE.

DID THEY? I DON'T KNOW.

THEY SAID THEY DID, BUT THEY WERE SUPPOSED TO BE HERE TODAY TOO, AND THEY'RE NOT.

I'M HERE AS THE BUILDER OF THE HOUSE.

I DON'T BUILD FENCES.

I HIRED THEM TO BUILD THE FENCE.

SO I'M JUST TRYING TO GIVE Y'ALL AN OPTION OF WHAT WE CAN DO.

TOTALLY.

I TOTALLY APPRECIATE THAT.

AND HOW DO I SAY THIS? I THINK YOU'RE ON THE RIGHT TRACK.

BECAUSE, UH, THE BOARD SPEAKS IN ONE VOICE.

I'M JUST THE FIRST AMONG EQUALS OF THE BOARD AND SAYING THAT WE WERE CONCERNED ABOUT EACH OF THESE THINGS, UM, UM, AND THAT WE, THE BOARD LAST TWO MONTHS AGO, I DON'T THINK WAS IN ANY POSITION TO APPROVE ANYTHING.

AND WITHOUT PLANS, IT'S VERY HARD FOR US TO CONSIDER APPROVING ANYTHING AT THIS JUNCTURE.

YEAH, WELL, THEY WERE SUPPOSED TO UPLOAD THEM.

WE'RE, WE'RE FURTHER DISAPPOINTED THAT THE OWNER'S NOT HERE, BUT THAT IS THE CHOICE OF THE PROPERTY OWNER.

THAT IS THE CHOICE OF THE PROPERTY OWNER.

THEY'RE IN SOUTH AFRICA THIS TIME, SO.

WELL, I GET IT.

I UNDERSTAND.

BUT OKAY, I HEAR YOU.

THEY'RE, THEY'RE RICH PEOPLE.

I CAN'T CONTROL THEM, SO I JUST WORK FOR HER.

I, I UNDERSTAND.

ALRIGHT, SO, UH, WE'RE GONNA LISTEN TO THE, UH, THE PERSON THAT CAME HERE ALSO TO SIGN UP AND THEN YOU'LL GIVE IT A CHANCE TO SPEAK AGAIN AND THEN WE'LL MAKE A DECISION OF THE SECOND SPEAKER.

I APOLOGIZE, I CANNOT PRONOUNCE YOUR NAME, , BUT CAN YOU PLEASE STATE YOUR NAME AND MY NAME IS .

I LIVE ON 66 20 CHURCHILL, WAY SINCE 1969.

I'VE SEEN A LOT OF CHANGES IN MY NEIGHBORHOOD.

SINCE 1969, I HAVE LIVED THERE.

SO WE RECEIVED FROM YOU AN EMAIL.

I THINK THIS IS YOU, DID YOU ALSO SUBMIT PICTURES? NO, I DID NOT.

NO.

SOMEONE ELSE DID THE PICTURES, BUT WE DID RECEIVE YOUR EMAIL AND YOU, IF I MAP IT CORRECTLY, YOUR PROPERTY IS DIRECTLY NEXT DOOR TO THE PROPERTY, NEXT TO THE WEST.

ON THE WEST SIDE.

VERY GOOD.

ALL RIGHT, NOW WE KNOW WHERE YOU'RE AT.

SO, YEAH.

SO CHURCHILL BAY HAS 20 LOTS AND JUST WAY ESTATE 20 LOTS.

EACH LOT IS ABOUT ONE ACRE.

I HAVE 1.3 ACRES.

MY NEIGHBOR, THE MAN WHO IS ASKING FOR ALL THESE, UH, REQUEST HAS A LITTLE BIT OVER AN ACRE TO, SO WE STRONGLY OPPOSE THE REQUEST OF MR. CLEMENS AND I THINK HE IS THE BUILDER OF THIS PLACE OF HIS MANMADE PROBLEM.

THE EIGHT FEET SOLID WOOD FENCE ALL AROUND THIS PROPERTY, EXCEPT A LONG CHURCHILL WAY THERE WE HAVE A FOUR FEET BRICK WALL.

THE VISIBILITY IS VERY POOR BECAUSE WHEN HE COMES OUT OF HIS DRIVEWAY, THERE IS EIGHT FEET SOLID WOOD WALL.

AND ON THAT SIDE TOO, IN THE FRONT, A BRICK WALL YOU CANNOT LOOK THROUGH.

AND THEN HIS DRIVEWAY.

SO ON THE SIDEWALK, WE NOW HAVE, WE DID NOT USED TO HAVE A SIDEWALK.

WE HAVE LITTLE KIDS WALKING ON THE SIDEWALK ON OR ON THEIR SCOOTERS.

WE HAVE PEOPLE WALKING THEIR DOGS.

WE HAVE ARDS.

WE LIVE IN A JEWISH NEIGHBORHOOD, SO OUR JEWISH NEIGHBORS WALK ON SABA TO THE SYNAGOGUE.

HIS VISIBILITY IS VERY

[02:10:01]

POOR.

SO IT'S LIKE ON THE SIDE WALK IS NOW ON THE SOUTH SIDE OF CHURCHILL.

WE ARE ON THE SOUTH SIDE OF CHURCHILL.

SO THIS EIGHT FEET WOODEN FENCE ALSO RUNS ALONG THE PROPERTY LINE OF THE NEIGHBORS ON THE EAST SIDE AND THE WEST SIDE OF 66 32 CHURCHILL BAY.

IT'S NOT PRETTY.

NO NEIGHBORHOOD HAS EIGHT FEET SOLID WOOD FENCES ALONG THEIR FRONT YARD.

EVEN WHEN YOU HAVE AN ACRE LOT, PLEASE KEEP THE FENCE HEIGHT TO FOUR FEET.

THIS IS ALLOWED AND DO NOT SET A PRECEDENT OF EIGHT FEET WOOD FENCES IN ANY NEIGHBORHOOD.

WE DON'T WANT ANY ACCIDENTS OUT OF THIS DRIVEWAY.

SO THE TRAFFIC HAS INCREASED A LOT ON CHURCHILL BAY.

WE ALSO HAVE TWO SCHOOLS NOW, AND THERE ARE CERTAIN HOURS OF THE DAY.

THE TRAFFIC IS VERY BUSY AND THE CARS ARE SPEEDING.

SO, AND THIS FENCED IN PROPERTY DOES NOT FIT THE ESTABLISHED, UH, CHARACTER OF OUR NEIGHBORHOOD.

SO I REALLY WOULD LIKE TO SEE THESE FENCES GO DOWN.

WHEN MR. CLEMENTS, THE BUILDER BUILT THIS PROPERTY FOR WHOEVER OWNS IT, I DON'T KNOW, THERE IS A, A FOUR FEET CHAIN LINK FENCE JUST AROUND THE PROPERTY.

I MEAN, WE USED TO HAVE KIDS, WE USED TO HAVE A DOCK AND WE NEED TO KEEP THEM INSIDE.

SO, UH, TO COVER UP A, A FOUR FEET CHAIN LINK FENCE WITH SOME SHRUBS GIVES YOU ENOUGH PRIVACY TO HOUSE ON 66, 32 IS SET BACK FAR FROM THE STREET.

SO THERE IS PLENTY OF PRIVACY.

UH, BESIDES ALONG THE BRICK WALL, THERE ARE SECURITY CAMERAS.

UM, OUR NEIGHBORHOOD IS PRETTY SAFE.

WE DO NOT HAVE AN ALLEY IN THE BACK AND MOST OF THE NEIGHBORS DO HAVE THIS EIGHT FEET PRIVACY BACKYARD FENCE ALREADY INSTALLED.

SO I HOPE YOU CAN DO SOMETHING FOR AND KEEP THE NEIGHBORHOOD AS IT WAS, AND WE HOPE TO KEEP IT THAT WAY.

AND HOW LONG HAVE YOU LIVED THERE? PARDON ME? HOW LONG HAVE YOU LIVED AT YOUR HOME? SINCE 1969.

1969.

SO, OKAY.

IT WAS, IT WAS 4 31 PLUS 26.

THAT'S, UH, 57 YEARS.

59 ALMOST.

WOW.

SEE AT THAT TIME, HILLCREST AND PRESTON ROAD, I DON'T KNOW WHERE YOU LIVE, BUT THESE WERE TWO STREETS.

LBJ WAS JUST OPENED.

NOW YOU'RE MAKING YOURSELF YOUNG NOW.

THANK YOU FOR YOUR COMMENTS.

THANK, THANK YOU.

QUESTIONS, UH, THE APPLICANT IS ALLOWED A, A REBUTTAL CONSISTENT WITH OUR RULES.

I JUST WANTED TO SAY THAT WE DID MEET WITH THE CITY OUT THERE AND OUR VISIBILITY IS WITHIN THE GUIDELINES OF THE CITY.

WE DO HAVE THE VISIBILITY.

WE PASS THAT PART, THE FENCE ON THE EIGHT FOOT ALL THE WAY TO THE PROPERTY LINE.

WE ARE A HUNDRED PERCENT AGREEANCE TO CUT IT TO FOUR FOOT.

BACK TO THE 35 FOOT BUILD LINE.

IF Y'ALL ALLOW ON THE STAMP SET OF PLANS AND THE FOUR FOOT FENCE IN THE FRONT, WE ARE A HUNDRED PERCENT AGREEANCE TO OPEN IT TO MAKE YOUR OPACITY.

THE ONLY THING THEY ASK IS IF THE GATED AREA THAT SIT BACK FARTHER THAN THE THREE FOOT FIVE OR THE THREE FOOT SIX OFF THE PROPERTY LINE, IF THAT COULD REMAIN THE SAME SINCE IT DOES MAKE THE VISIBILITY STUDY AND WE ARE AGREEANCE TO MAKE THE OPACITY AND CUT THE EIGHT FOOT FENCE DOWN TO 35 FEET BACK.

THAT'S, THANK YOU VERY MUCH.

WE DON'T HAVE THAT INFORMATION.

UH, QUESTIONS FOR THE APPLICANT OR THE, UH, NEIGHBOR NEXT DOOR IN OPPOSITION, THE CHAIRMAN ENTERTAIN A MOTION.

MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO A DASH 26 DASH 4 0 26 ON APPLICATION OF SCOTT CLEMENTS DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE.

BECAUSE OUR EVALUATION OF THE PROPERTY IN THE TESTIMONY SHOWS THAT GRANTING THIS SPECIAL EXCEPTION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF BO 8 2 6 0 0 0 0 2 6.

MS. DAVIS HAS MOVED TO DENY THE REQUEST FOR A SPECIAL EXCEPTION WITHOUT PREJUDICE FOR THE EIGHT FOOT HIGH FENCE.

IS THERE A SECOND? SECOND, SECOND BY MR. DORN.

DISCUSSION IN THE MOTION.

MS. DAVIS? I'M SUPPORTING THIS MOTION SIMPLY BECAUSE WE REALLY DON'T HAVE A REVISED SITE PLAN IN VE ELEVATION.

SO WE REALLY CAN'T MOVE ON THIS IF

[02:15:01]

MR. DORN COMPLETE.

I AGREE COMPLETELY.

WE HAVE NO SITE PLANS.

UH, I WILL AGREE WITH THIS MOTION AS WELL.

UH, THE NEIGHBOR TO THE WEST OF THE PROPERTY'S COM COMMENTS ARE COMPELLING GIVEN THAT THE FENCE BOTH AT THE STREET AND ALONG THE, THE JOINT PROPERTY LINE BLOCK THE OBSTRUCTION IN THE FRONT YARD.

UM, AND FROM THE VIDEO THAT WE SAW THIS MORNING, IT SEEMED VERY INCONSISTENT WITH THE NEIGHBORHOOD.

SO I'LL BE SUPPORTING THE MOTION.

OTHER DISCUSSION IN THE MOTION? THE BOARD SECRETARY WILL CALL THE VOTE.

MOTION TO DENY PASSES 5 2 0 IN THE MATTER BO 8 2 6 0 0 0 2 6.

THE BOARD UNANIMOUSLY IN A FIVE ZERO VOTE, DENIES THE REQUEST WITHOUT PREJUDICE FOR THE SPECIAL EXCEPTION REQUEST BY THE APPLICANT.

TO CONSTRUCT EIGHT FOOT FENCE WITHOUT PREJUDICE MEANS THAT YOU, UH, CAN REAPPLY AT ANY TIME.

IF WE WOULD'VE DENIED IT WITH PREJUDICE, YOU WOULD'VE HAVE TO WAIT TWO YEARS, BUT YOU CAN REAPPLY WITH REVISED PLANS AND WORKING WITH THE STAFF AND THAT SORT OF THING.

UH, AS IT RELATES TO THE FENCE HEIGHT, CAN I ASK Y ALL ONE QUESTION? SURE.

THIS WAS NOT ABOUT AN EIGHT FOOT FENCE ORIGINALLY.

THE EIGHT FOOT FENCE HAS BEEN THERE.

IT WAS ABOUT THE WALL ON THE FRONT NOT BEING THE OPACITY.

WELL, THERE ARE THREE DIFFERENT MOTIONS THAT ARE COMING.

ONE IS FENCE HEIGHT ON THE PROPERTY WE JUST DENIED.

THE NEXT MOTION IS THE OPACITY AND THE LAST ONE IS THE VISIBILITY TRIANGLE.

SO WE APPRECIATE YOUR COMMENTS MS. DAVIS.

I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO A DASH 26 DASH 4 0 2 6 ON APPLICATION OF SCOTT CLEMENTS, DENY THE SPECIAL EXCEPTION REQUESTED TO CONSTRUCT AND OR MAINTAIN OFFENSE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS BY THIS APPLICANT WITHOUT PREJUDICE.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY, MS. DAVIS HAS MOVED TO DENY THE REQUEST IN BO A 2 6 0 0 0 0 2 6.

MS. DAVIS HAS MOVED TO DENY THERE WERE SPECIAL EXCEPTION REQUEST FOR, UH, OFFENSE WITH PANEL LESS THAN 50% WITHOUT PREJUDICE.

IS THERE A SECOND? SECOND, SECOND BY MR. DORN DISCUSSION ON THE MOTION.

MS. DAVIS? AGAIN, I'M SUPPORTING THIS MOTION BECAUSE WE DO NOT HAVE REVISED SITE PLANS AND ELEVATIONS.

MR. DORN THE SAME.

I I'M SUPPORTING THE MOTION BECAUSE IT IS INCONSISTENT.

A SOLID FENCE IN THE FRONT YARD IS INCONSISTENT WITH THE NEIGHBORHOOD AND SURROUNDING PROPERTY OWNERS.

SO THAT'S WHY I'M, I'M OPPOSING IT.

SO, UM, THANK YOU.

ANY OTHER DISCUSSION? MS. BOARD SECRETARY WILL CALL THE, THE VOTE.

MOTION TO DENY PASSES 5 2 0 IN THE MATTER OF BO A 2 6 0 0 0 0 2 6.

THE BOARD UNANIMOUSLY ON A VOTE OF FIVE TO ZERO DENIES THE REQUEST WITHOUT PREJUDICE FOR A FENCE, UH, WITH PANEL LESS THAN 50% OPEN SURFACE AREA.

LAST MOTION MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA DASH 26 DASH 4 0 26 ON APPLICATION OF SCOTT CLEMENTS DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE AT A DRIVEWAY APPROACH ALONG CHURCHILL WAY AT THE DRIVEWAY APPROACH ALONG CHURCHILL WAY WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE SPECIAL EXCEPTION WOULD CONSTITUTE A TRAFFIC HAZARD.

UM, I'M ESSENTIALLY MOTION'S MADE.

I'LL CALL FOR A SECOND, BUT THEN I HAVE A QUESTION.

SECOND.

IT'S BEEN SECONDED BY MR. DORN.

SO DOES THIS NEED TO BE WITHOUT PREJUDICE? WHY WOULD WE AUTHORIZE A VISIBILITY TRIANGLE? I MEAN, I'M JUST, I JUST, I MEAN, IT'S UP TO YOU HOW YOU WANNA VOTE, BUT A VISIBILITY TRIANGLE IN A NARROW STREET, UNCURBED IN THAT AREA, AND YOU HEARD THE, THE NEXT DOOR NO NEIGHBOR TESTIFY ABOUT THE PEDESTRIAN TRAFFIC AND THAT SORT OF THING.

WHY WOULD WE AS A BOARD WANT TO OPEN THE WHOLE ISSUE OF A VISIBLY TRIANGLE BACK UP? I MEAN, THAT'S MY OPINION.

BUT I MEAN, SO IT'S UP TO YOU HOW YOU WANT TO HANDLE IT.

SO YOU WANT AMEND YOUR MOTION TO YES.

DO I, DO I JUST AMEND THE MOTION OR DO I NEED TO DO A NEW YOU'RE SAYING THAT YOU, WHAT YOU MEAN TO DO IS WITH OKAY.

WITH PREJUDICE, I'D LIKE TO AMEND MY MOTION TO MAKE IT WITH PREJUDICE.

MR. DORN IS THE SECOND.

DO YOU ACCEPT THAT? SECOND.

BOA 2 6 0 0 0 2 6 IS A MOTION TO DENY THIS SPECIAL REQUEST FOR VISIBILITY TRIANGLE WITH PREJUDICE.

SO THE MOTION ON THE FLOOR IN

[02:20:01]

DISCUSSION ON THE MOTION MS. DAVIS.

AGAIN, WE DID NOT RECEIVE REVISED SUBMITTED SITE PLANS, UM, BUT WE DO BELIEVE THAT THIS WOULD CAUSE A TRAFFIC HAZARD AND THE TESTIMONY FROM THE NEIGHBOR JUST REINFORCES THAT MR. DORN, UH, THE TESTIMONY FROM THE NEIGHBOR DOES REINFORCE THE TRAFFIC HAZARD.

ANY OTHER DISCUSSION? THE MOTION HEARING? NO DISCUSSION.

THE, UH, MOTION ON THE FLOOR IN 2 6 0 0 0 0 2 6 IS A MOTION TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR VISIBLY TRIANGLE, UH, WITH PREJUDICE.

THE BOARD SECRETARY WILL CALL THE VOTE.

MOTION TO DENY WITH PREJUDICE PASSES 5 2 0 IN THE MATTER OF BO OA 2 6 0 0 0 2 6.

THE BOARD UNANIMOUSLY IN A VOTE OF FIVE ZERO DENIES THE REQUEST, UH, WITH PREJUDICE, UH, FOR VISIBILITY TRIANGLE SPECIAL EXCEPTION, UH, THE APPLICANT WILL BE GETTING NOTIFIED FOR ALL THREE OF THESE.

THANK YOU VERY MUCH FOR COMING AND BEING A LONGTIME PROPERTY OWNER.

OKAY, LAST CASE ON THE AGENDA TODAY IS PUT THIS OVER HERE.

VERY GOOD.

[26-2945A Application of Herschel Bowens for (1) a variance to the landscape regulations, for (2) a special exception to the visibility obstruction regulations at the driveway approach and adjacent street curb, and for (3) a special exception to the fence materials regulations at 410 HILLBURN DRIVE. This property is more fully described as Lot 3, Block 6269, and is zoned IM, where a landscape buffer must be provided between any required screening fence and an adjacent thoroughfare, requires a 20-foot visibility triangle at the driveway or alley edge and the street curb line, and prohibits the use of certain materials for a fence. The applicant proposes to construct and/or maintain an alternative landscape plan in lieu of the required landscape buffer for outside storage, which will require (1) a variance to the landscape regulations, to construct and/or maintain a fence structure in a required visibility obstruction triangle on the driveway edge and the street curb line 20 feet from the intersection along Elam Road, which will require (2) a special exception to the visibility obstruction regulations at the driveway approach and adjacent street curb, and to construct and/or maintain a fence using a prohibited material, which will require (3) a special exception to the fence material regulations. Location: 410 HILLBURN DRIVE Applicant: Herschel Bowens Senior Planner: Bryant Thompson Request(s): for (1) a variance to the landscape regulations, for (2) a special exception to the visibility obstruction regulations at the driveway approach and adjacent street curb, and for (3) a special exception to the fence materials regulations Staff Recommendation: (1) Approval, (2) No staff recommendation, (3) No staff recommendations. BOA-26-000058]

THIS DOWN IN THERE, UM, IS BO A 2 6 0 0 0 0 5 8.

THIS IS AT 4 1 0 4 1 0.

HILLBURN DRIVE IS THE APPLICANT HERE PLEASE COME FORWARD.

VERY ASTUTE OF ONE APPLICANT IN PARTICULAR.

I'M TALKING ABOUT YOUR HAT, .

UM, HOLD ON ONE SECOND.

MS. BOARD SECRETARY, WHAT SPEAKERS DO WE HAVE REGISTERED? I HAVE MR. HERSCHEL AND MR. RON PAUL.

SO JUST TWO SPEAKERS OR THREE, GIVE SPEAKING, GIVE.

I DIDN'T INTERRUPT.

I I I'M NOT SPEAKING.

NO.

SO JUST TWO? YES.

ANY SPEAKERS IN OPPOSITION? NO, SIR.

SO, UM, OUR RULES OF PROCEDURE THAT YOU'RE GIVEN FIVE MINUTES PLUS FIVE MINUTES IN REBUTTAL.

UH, I'LL GIVE YOU WHATEVER TIME YOU, WHATEVER TIME YOU NEED TO TO SPEAK.

JUST DON'T BE REDUNDANT.

I'VE SAID THE SAME THING ALL DAY, BUT THIS IS, THIS IS OUR RULES OF PROCEDURE.

UM, LET'S GET YOU, UH, SWORN IN BY OUR BOARD SECRETARY.

OH, ALL THREE OF 'EM.

GO AHEAD, SWEAR 'EM IN.

MARY, DO YOU ALL SWEAR OR AFFIRM TO TELL YOUR THE TRUTH TO THE BOARD OF ADJUSTMENT? YES.

YOU HAVE FIVE MINUTES.

ALRIGHT, SO LET ME GET NAMES FIRST.

WHO'S GONNA SPEAK FIRST? I AM HERSCHEL BOWENS.

BOWENS.

AND THE SECOND GENTLEMAN'S NAME? RON PAUL GRI.

RON, WHAT'S THE LAST NAME, SIR? GRI.

G-E-R-I-G-E-R-I.

AND ARE YOU SPEAKING ALSO, I GUESS YOU FILLED OUT A FORM? SURE.

UH, GOOD AFTERNOON EVERYONE.

THANK YOU ALL FOR YOUR PATIENCE.

IT'S BEEN A LONG DAY.

MY NAME IS HERSCHEL BOWENS.

I AM REPRESENTING THE APPLICANT HERE TODAY.

UH, MR. RON PAUL GRY.

THE PROPERTY IS FOUR 10 HILLBURN DRIVE IN DALLAS, TEXAS.

WE ARE ASKING THE BOARD FOR A VARIANCE TO THE, I KNEW I WAS GONNA FORGET IT, A VARIANCE TO THE LANDSCAPE REQUIREMENTS, SPECIAL EXCEPTIONS FOR THE FENCE MATERIAL, REGULATIONS AND SPECIAL EXCEPTIONS REGARDING THE VISIBILITY TRIANGLE.

AND TO ADDRESS THOSE IN THAT ORDER.

THIS PROPERTY WAS PURCHASED BY MR. GRI IN 2019.

AT THE TIME OF THE PURCHASE, IT HAD A 50,000 OR SO SQUARE FOOT WAREHOUSE THAT WAS BUILT RIGHT ONTO THE PROPERTY LINE.

THAT WAREHOUSE HAS SINCE BEEN TORN DOWN BECAUSE IT WAS IN POOR SHAPE IN ITS PLACE.

THE, THE CONCRETE FOUNDATION OF THAT WAREHOUSE WAS MAINTAINED AND IT IS USED AS OUTSIDE STORAGE AS A PART OF THE BUILD THE, UH, BUSINESS THAT IS THERE ON THE PROPERTY.

TODAY.

THE PROPERTY IS WITHIN AN INDUSTRIAL MANUFACTURING ZONE.

IT IS CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD.

THE FENCING THAT IS BEING USED IS IDENTICAL TO FENCING THAT IS AT THE NEXT DOOR NEIGHBOR PROPERTY AND ALSO TO OTHER FENCING IN THE AREA.

IT IS ALSO PART OF THE SECURITY MEASURES

[02:25:01]

FOR THE PROPERTY.

THE, THE REASON FOR THE SPECIAL EXCEPTION, OR EXCUSE ME, THE VARIANCE TO THE LANDSCAPING BUFFER IS BECAUSE IT WOULD BE ALMOST IMPOSSIBLE TO, TO INCLUDE THE LANDSCAPING THAT IS REQUIRED IN THE CODE BECAUSE OF EXISTING INFRASTRUCTURE AND EASEMENTS IN THAT PART OF THE PROPERTY.

AS FOR THE FENCING, AS I SAID, IT IS, IT IS CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD.

THERE'S A REQUIREMENT TO SCREEN OUTDOOR STORAGE ALONG THE THOROUGHFARE, WHICH IS ELAM ROAD.

AND THAT FENCING WAS ERECTED FOR PARTIALLY FOR THAT PURPOSE AND PARTIALLY FOR SECURITY PURPOSES.

IT IS CURRENTLY ACTIVELY SCREENING THE, THE PROPERTY, THE STORAGE FROM THE THOROUGHFARE AS IS REQUIRED.

AND THEN WITH REGARD TO THE VISIBILITY TRIANGLE, THIS VISIBILITY TRIANGLE EXISTS AT A, UM, A DRIVEWAY THAT EXISTED AT THE TIME OF THE PURCHASE OF THE PROPERTY.

IT WAS JUST AN ENTRANCE TO THE BUILDING PRIOR TO IT NOW BEING A, A FENCE INSTEAD OF A WALL OF THE BUILDING.

THE, THAT DRIVEWAY HAS NOT BEEN USED SINCE THE PROPERTY WAS, UH, DEVELOPED FOR ITS CURRENT PURPOSE.

IT IS ONLY MAINTAINED AS AN EMERGENCY EXIT FROM THE PROPERTY.

IN MY CONVERSATIONS WITH, UM, MR. NAVAREZ OF THE TRANSPORTATION ENGINEER, HE EXPLAINED IT WAS MY UNDERSTANDING FROM THAT CONVERSATION THAT MAINTAINING IT AS A, A EMERGENCY EXIT ONLY WOULD, WOULD BE ACCEPTABLE.

IT IS NOW MY UNDERSTANDING, LOOKING AT THE BRIEFING THAT YOU ALL RECEIVED, THAT HE HAS SINCE, UM, CHANGED HIS MIND ON THAT.

AND SO WE ARE SEEKING THESE VARIANCES FROM THE CODE AS TO THOSE ISSUES THAT EXIST ON THE PROPERTY.

I JUST LEANED OVER TO MY BOARD ADMINISTRATOR AND SAID, IS THAT TRUE? HE ORIGINALLY SAID YES AND THEN CHANGED HIS MIND TO NO.

AND MY CONVERSATION WITH HIM, HE DID.

HE, HE WAS, WHEN I SPOKE TO HIM, HE WAS CONFUSED ABOUT WHAT THE VISIBILITY TRIANGLE WAS.

HE SAID THAT HE THOUGHT WE WERE TALKING ABOUT THE INTERSECTION AT HILLBURN AND ELAM.

I EXPLAINED TO HIM THAT THAT WAS NOT AN ISSUE AND TO THE EXTENT THAT IT WAS, THAT WAS ALREADY CORRECTED BY THE PROPERTY OWNER.

ONCE I EXPLAINED THAT TO HIM, I SHOWED HIM ON THE SITE PLAN WHAT WE WERE TALKING ABOUT, AND HE EXPLAINED TO ME THAT HE WOULD BE, WILL, HE WAS OKAY WITH IT IF WE HAD THE CAVEAT THAT IT WAS A EMERGENCY ONLY.

I EXPLAINED TO HIM THAT WE HAVEN'T, THE PROPERTY OWNER HAS NOT USED THAT EXIT EVER.

UH, I DON'T KNOW WHAT THE CITY'S STANDARD IS ON IF THERE'S SUCH A THING AS AN EMERGENCY EXIT, WHICH ALLEVIATES A VISIBILITY TRIANGLE OR NOT.

WE'RE GONNA GET TO THAT IN A SECOND.

UNDERSTOOD.

UM, THERE ARE THREE ISSUES BEFORE THE BOARD TODAY.

LANDSCAPE REGULATIONS, SPECIAL ACCEPT OF VISIBILITY TRIANGLE AND SPECIAL ACCEPTED DEFENSE MATERIAL REGULATIONS.

ARE YOU GONNA SPEAK TO THAT? THE, THE ALL THREE OF THOSE? YOU SPOKEN BRIEFLY ABOUT LANDSCAPING.

YOU SAID IT IS A CONFLICT WITH INFRASTRUCTURE.

THEN YOU'VE, THE SPECIAL ACCEPTED THE VISIBILITY.

YOU'RE SAYING IT'S REALLY NOT 'CAUSE YOU DON'T USE IT.

WHAT ABOUT THE ISSUE OF THE SPECIAL EXCEPTION OF THE FENCE MATERIALS? AS FOR THE FENCING MATERIALS, THE, THE CODE IS, REQUIRES THAT THE OUTDOOR STORAGE SPACE BE SCREENED BY FENCE MATERIALS.

METAL IS NOT AN ACCEPTED MATERIAL FOR THAT SCREENING REQUIREMENT.

SO WHAT THE PROPERTY OWNER HAS DONE IS THE, THE METAL FENCE THAT IS THERE WAS CONSTRUCTED PARTIALLY TO MAINTAIN THAT SCREENING AND ALSO TO ENSURE SECURITY OF THE PROPERTY.

AND ON TOP OF, OR NOT ON TOP OF, BUT IN CONJUNCTION WITH THAT METAL SCREENING, THEY HAVE ALSO PLANTED EVERGREEN VINES.

THAT SHOULD BE, YOU KNOW, IF WE EVER GET OUT OF THIS DROUGHT, WE'LL, UH, MAINTAIN AN EVERGREEN APPEARANCE AND IN ORDER TO MAKE IT MORE AESTHETICALLY PLEASING.

I'M, WE'RE DIGESTING.

UM, IS THERE ANYTHING ELSE YOU WANT TO SAY AT THIS TIME? I OPEN FOR QUESTIONS.

UM, I'M GONNA ASK THE BOARD ADMINISTRATOR TO RESPOND TO THE QUESTION AS IT RELATES TO THE, WHICH CONVERSATION YOU SAID YOU HAD WITH SOMEONE THAT MADE A COMMENT THAT CHANGED, REALIZE, OF COURSE THE STAFF'S NOT AUTHORIZED TO COMMIT TO ANYTHING.

I UNDERSTAND THAT'S NOT BELITTLING THE STAFF, THEY'RE THE PROFESSIONALS THAT QUALIFY AND GIVE US INFORMATION FOR US TO DECIDE.

SO I'M GONNA GO TO THE BOARD ADMINISTRATOR AND SHE CAN ASK WHO SHE WANTS TO, TO SPEAK FOR HER AND THE STAFF.

RECEIVED FROM MR. NAVAREZ AS IT RELATES TO THAT VISIBILITY TRIAL.

SO I WILL SAY THAT I CAN'T CONFIRM ANY CONVERSATION THAT MR. NAVAREZ MAY HAVE HAD WITH THE APPLICANT.

HOWEVER, I WILL DEFER TO MR. THOMPSON AS IT RELATES TO THE COMMENTS HE

[02:30:01]

HE SAID, HE SAID, SHE SAID, NOW IT'S, HE SAID .

SO, UH, OKAY.

THAT'S A, THAT'S A PROCESS.

SO I SPOKE WITH THE, UH, WITH DAVID NAVAREZ, OUR TRAFFIC ENGINEER AFTER ME AND THE PROPERTY OWNER SPOKE ON SITE.

UH, IT WAS ME, THE PROPERTY OWNER, HIS SON, AND OUR OTHER SENIOR PLANNER.

UH, WHAT MR. DEVARE EXPLAINED TO ME WAS THAT HE COULD NOT SUPPORT THE 20 FOOT VISIBILITY TRIANGLE ALONG ELAM, EVEN THOUGH IT SAYS IT'S AN EMERGENCY EXIT ONLY.

THE WAY HE EXPLAINED TO ME WAS YOU WOULD HAVE TO SELL THAT POINT OF IT BEING AN EMERGENCY EXIT ONLY TO THE BOARD, NOT SO MUCH OF THAT.

AND AGAIN, I DON'T KNOW IF HE TOLD YOU 100% THAT HE SAID YES FIRST AND THEN NO, BUT WHEN HE EXPLAINED IT TO ME, HE DIDN'T SAY THAT HE HAD SPOKE TO YOU ABOUT A PREVIOUS LOCATION.

HE JUST SPOKE TO ME ABOUT THE ELAM LOCATION MM-HMM .

AND THAT HE COULDN'T SUPPORT IT BECAUSE IT'S A EMERGENCY ONLY.

THAT WOULD BE SOMETHING FOR YOU TO, AND AGAIN, AT THE TIME, I DIDN'T KNOW IF HE WAS SPEAKING TO YOU DIRECTLY, SIR, OR TO THE PROPERTY OWNER, BUT THAT'S WHAT HE SPOKE TO ME ABOUT AND I JUST WANTED TO CLARIFY THE YES OR NO BACK AND FORTH FOR THAT.

SO THANK YOU.

AND JUST TO, TO PUT A FINER POINT ON IT, UM, WHEN I SPOKE TO MR. NAVAREZ, THAT WAS ALSO THE WAY THAT HE EXPLAINED IT TO ME.

AND MY APOLOGIES FOR SAYING THAT HE WOULD BE OKAY WITH IT.

WHAT HE SAID WAS THAT HE WOULD NOT RECOMMEND AGAINST, I, I WAS UNDER THE IMPRESSION HE WAS NOT GONNA RECOMMEND AGAINST IT.

AND SO I WAS A LITTLE SURPRISED TO SEE IT, BUT THAT'S NEITHER HERE NOR THERE.

HERE WE ARE AND, AND YES, WE ARE IN THE SAME PLACE.

UH, ONE QUESTION FOR THANK YOU FOR THANK YOU.

HOLD ON A SECOND AND WE'RE GONNA COME TO YOU NEXT.

AND SO FORTH, MS. BOARD ADMINISTRATOR.

DOES THE CITY STAFF OR THE CODE HAVE ANY INTERPRETATION OF A EMERGENCY EXIT THAT, UH, ELIMINATES THE VISIBILITY TRIANGLE THING? DO YOU SEE WHAT I'M SAYING? IS THERE A PROVISION THAT IF A PROPERTY MEMBER SAYS IT'S FOR AN EMERGENCY EXIT SO IT DOESN'T COUNT? OR IS THAT STILL TO COME BACK TO THE BOARD TO DETERMINE THAT IT DOESN'T COUNT? GIVE ME ONE SECOND.

CHAIRMAN NEWMAN, IF I MAY, BUT WHY DON'T YOU HOLD FOR A SECOND.

LET'S GET THIS ANSWER HERE AND WE'LL COME BACK.

NO, THERE IS NOT A PROVISION IN THE CODE THAT ELIMINATE SO IT'S TO BACK TO THE DISCRETION OF THE BOARD.

NOW YOU WERE GONNA MAKE A COMMENT.

THE COMMENT I WAS GONNA MAKE IS, I'M, I'M AWARE THAT IT IS UP TO THE DISCRETION OF THE BOARD.

THE REASON THAT WE'VE TALKED ABOUT THE EMERGENCY EXIT IS BECAUSE IT IS MY UNDERSTANDING THAT THE CRITERIA IS THAT IT WON'T CAUSE A TRAFFIC HAZARD IF IT'S UP TO YOU, UH, OF YOUR OPINION.

SO BECAUSE OF THE LOCATION AND THE, THE ONE WAY NATURE OF THAT PORTION OF THAT, OF ELAM ROAD THERE, AND BECAUSE IT'S AN EMERGENCY EXIT, WE ARE OF THE OPINION THAT IT WILL NOT CAUSE A TRAFFIC HAZARD.

AND THAT IS WHAT I WAS TRYING TO CONVEY.

SO THAT IS ALL.

THE, IT JUST PROVIDES MORE SECURITY TO THE PROPERTY.

UM, MS. DAVIS HAD A QUESTION OR A COMMENT? YEAH.

UH, COMMENT A QUESTION FIRST REGARDING THE VISIBILITY TRIANGLE.

I THINK THE FACT THAT IT'S AN EMERGENCY EXIT STRENGTHENS THE NEED FOR AN FOR, FOR A VISIBILITY TRIANGLE BECAUSE IF PEOPLE ARE LEAVING AN EMERGENCY, THEY'RE FLYING OUT OF THERE.

I DON'T KNOW IF THEY'RE GONNA HAVE CHANCE TO REALLY LOOK AROUND.

SO THAT, THAT JUST STRENGTHENS MY, UM, RESOLVE TO NOT, TO NOT APPROVE THAT FOR SAFETY REASONS.

MY QUESTION TO YOU IS, WHEN I, WHEN WE WERE LOOKING AT THE PROPERTY, IT LOOKS LIKE THERE'S TWO FENCES, A CHAIN LINK FENCE AND THEN THE BROWN FENCE INSIDE.

COULD YOU EXPLAIN THAT? YES.

UM, SO THE CHAIN LINK FENCE WAS THE ORIGINAL FENCE THAT WAS ERECTED ONCE THE, THE PROPERTY WAS PURCHASED BY THE, THE CURRENT OWNER AT THAT TIME.

THE, UM, THE PROPERTY, OBVIOUSLY YOU CAN SEE THROUGH A CHAIN LINK FENCE.

SHORTLY AFTER PURCHASING THE PROPERTY, IT WAS THE SUBJECT OF THEFT, UH, TO THE TUNE OF ABOUT A HUNDRED THOUSAND DOLLARS IS MY UNDERSTANDING.

SO THE SECONDARY STRUCTURE WAS PUT IN BEHIND THE CHAIN LINK FENCE IN THE SAME PLACE THAT THE, THE WALL WAS FOR THE BUILDING THAT EXISTED THERE BEFORE.

AND IT'S TO MY UNDERSTANDING, THE SAME MATERIAL OF THE WAREHOUSE THAT WAS THERE, THAT WAS DONE TO SERVE TWO PURPOSES, ONE TO FURTHER SECURE THE PROPERTY AND TWO, TO PROVIDE THE NECESSARY SCREENING THAT THE CODE REQUIRES FOR THE OUTDOOR STORAGE.

IS THE CHAIN LINKS FENCE STILL THERE? THAT IS

[02:35:01]

YOU'RE JUST MY OPINION.

YOU'RE GIVING ME THE IMPRESSION THAT THE OWNER DOESN'T REALLY CARE ABOUT THE APPEARANCE OF THE PROPERTY.

SO THERE'S A, AN UNATTRACTIVE CHAIN LINK FENCE.

THE, THE, THE BROWN FENCE.

I UNDERSTAND YOUR RATIONALE FOR THAT.

AND JUST FROM LOOKING AT THE SITE, IT LOOKS LIKE THE OWNER REALLY DOESN'T CARE ABOUT THE APPEARANCE.

SO THAT'S WHAT I'M READING INTO THIS.

WELL, I WOULD, I MEAN, THE OWNER IS HERE AND HE CAN SPEAK TO THAT, BUT I WOULD, I WOULD SAY THAT THE OWNER DOES CARE ABOUT THE APPEARANCE OF THE PROPERTY.

AS I STATED EARLIER, PART OF WHAT THE OWNER HAS DONE TO MAKE THAT PORTION OF THE PROPERTY MORE AESTHETICALLY PLEASING WAS TO PLANT THESE EVERGREEN VINES.

THEY ARE STILL SPROUTING AND THEY, AND I BELIEVE IN THE SPRING AND SUMMER THEY DO FLOWER AS WELL.

SO THIS WAS NOT ABOUT NOT CARING ABOUT THE APPEARANCE OF THE PROPERTY, BUT MAINTAINING THE, THE SECURITY OF THE PROPERTY AND CONSISTENT WITH THE CHARACTER OF THE REST OF THE NEIGHBORHOOD.

AND ARE THE VINES BEING PLANTED CLOSE TO THE, THE CHAIN LINK FENCE OR THE BROWN FENCE? YES.

CHAIN LINK FENCE? CORRECT.

SO ARE THEY GOING IN BETWEEN THE CHAIN LINK AND THE BROWN FENCE? THEY, I THINK THEY WERE PLANTED BETWEEN THE TWO, BUT THEY COME UP THE CHAIN LINK FENCE.

DID YOU WANT TO SPEAK MR. JERRY? I HAVE NOTHING TO SAY.

I JUST, I'M HERE TO JUST SHOW MY SUPPORT FOR MY TEAM AND, UH, UH, WE YOU'RE THE PROPERTY OWNER? I AM.

WE'VE ENJOYED OPERATING ON THE SOUTHEAST OUT OF DALLAS.

IT'S BEEN, UH, WE'VE HAD SEVERAL DIFFICULTIES AS WE NAVIGATED THOSE WATERS DOWN THERE, BUT I'M HERE TO SAY, UH, WE'RE OPEN FOR BUSINESS.

UM, I PREPARED A SPEECH, BUT I DON'T THINK IT'S NECESSARY.

I THINK HERSCHEL WELL, NOW THAT YOU'RE HERE, I'M GONNA ASK YOU A QUESTION.

PLEASE DO .

UM, WHAT IS MR. BOWEN'S ROLE? ARE YOU THE APPLICANT ATTORNEY, LAND USE, OR AN EMPLOYEE OR, AND THEN IF HE'S THE PROPERTY OWNER, YOU ARE THE I AM THE APPLICANT AND THE ATTORNEY.

AND MR. PERRY? ATTORNEY.

WHAT'S THE BUSINESS YOU'RE IN? UH, WE DO WAREHOUSE SUPPORT SERVICES, SO FROM PEOPLE TO PALLETS AND EVERYTHING IN BETWEEN, BUT WHATEVER A WAREHOUSE NEEDS, YOU KNOW, THESE NEW WAREHOUSES THAT ARE COMING INTO SOUTH DALLAS, A MILLION SQUARE FOOT, THEY'RE A, THEY E THEY HAVE THEIR OWN ECOSYSTEM.

THEY NEED A LOT OF SUPPORT AND WE OFFER THAT SUPPORT.

SO IF THEY NEED PALLETS OR IF THEY NEED PERSONNEL OR RACKING SYSTEMS, UM, FORKLIFTS AND, AND, UH, WASTE SERVICES AND EQUIPMENT RENTAL AS WELL.

WAREHOUSE SUPPORT SERVICES.

AND HOW LONG HAVE YOU BEEN AT THIS LOCATION? UM, SINCE 2019, MAY 22ND, 2019.

UM, SOUND LIKE I'M GRILLING YOU.

I'M NOT, I'M TRYING TO UNDERSTAND.

NO, PLEASE.

THE SCOPE OF YOUR BUSINESS.

AS IT RELATES TO THE THREE THINGS THAT ARE COMING IN BEFORE OF US.

UM, HOW MANY EMPLOYEES, UH, TO DATE? UH, 110 AT THAT FACILITY WE OP WE ALSO OPERATE IN HOUSTON.

AND WE HAVE OUR CEO DOWN THERE.

UM, DO YOU, UH, UH, IN THE DOCKET WE ARE PROVIDED A, UH, LANDSCAPE SITE PLAN, WHICH IS, WHICH ALSO SHOWS THE FRAMEWORK.

UH, MS. DAVIS WAS ZEROING IN ON GATE AND ENTRANCE AND EXITS.

DO YOU, UH, I THINK THIS MR. BONES TESTIFIED THAT THE ENTRANCE AND EXIT IS REALLY ON HILLBURN, NOT ON ELAM, RIGHT? OR IS THAT INCORRECT? THIS THE ENTRANCE.

WE ACCESS THE PROPERTY ONLY ON HILLBURN DRIVE.

THERE HAS NEVER BEEN ANY, UH, TIME THAT WE NEED ELAM DRIVE ACCESS.

UH, WE'VE HAD SEVERAL EMERGENCIES AND, UH, NONE OF THEM HAD, I MEAN, WE LOCKED THAT GATE, UH, WE COULD SEAL THE GATE.

THAT WOULD BE ANOTHER OPTION I WOULD PRESENT TO THE BOARD.

SO KEEP THAT IN YOUR POCKET FOR A SECOND.

SO I, I'M TRYING TO LOOK HERE ON THIS MAP WHERE THE ENTRANCE EXIT OFF OF HILLBURN IS.

I SEE PROPERTY LINE, I SEE PARKING SPACES.

WHERE'S THE, IS IT TRUCK EXIT? I SEE TRUCK, EXIT.

EXIT.

SO THE TRUCK EXIT IS, IS EXACTLY THAT.

THAT'S ONE OF THE PLACES THAT THE TRUCK.

BUT WHERE'S THE ENTRANCE? THERE IS A GATE.

IF YOU, IF, IF YOU WERE TO DRAW A STRAIGHT LINE FROM THE EDGE OF THE BUILDING DOWN TO THE PROPERTY LINE, THERE'S A GATE THERE FOR PEDESTRIAN ENTRANCE, AND THEN TO THE LEFT OF THERE, THE NORTH ON THE, ON THE MAP, THERE'S ANOTHER DRIVEWAY ENTRANCE.

I I, I'M STILL A LITTLE CONFUSED.

I'M LOOKING AT THIS MAP, THE LANDSCAPE MAP.

WOULD YOU LIKE ME TO COME SHOW YOU? NO, NO, NO.

NO, NO.

I'M GONNA LOOK AND SEE IF THERE'S ANYTHING ELSE IN THE DOCKET THAT WE HAVE.

I THINK IF YOU LOOK AT THE AERIAL, YOU CAN SEE IT A LITTLE BETTER.

YOU SEE IT? IS IT A ROLLING GATE? THE ENTRANCE? THAT IS CORRECT.

GATE.

SO WHERE DO YOU SEE ROLLING GATES? WELL, THERE'S SWING GATES AND ROLLING GATES.

A ROLLING GATE.

I SEE IT.

IT'S CLOSER TO ELAM THAN IT IS, UH, THE OTHER SIDE OF THE PROPERTY? CORRECT.

HERE.

[02:40:01]

AND IS THAT THE ONLY ENTRANCE? OH, YOU HAVE A TRUCK EXIT ALSO ON THE FAR SIDE IT SAYS TRUCK EXIT.

THERE'D BE A TOTAL OF THREE OR ACTUALLY FOUR ENTRIES INTO THE PROPERTY.

UM, WE, I'M GONNA, I'M GONNA TRY TO DIVIDE AND CONQUER HERE.

UM, THE STAFF HAS SAID THEY DON'T HAVE ANY ISSUE WITH THE LANDSCAPE VARIANCE REQUEST.

IS THAT CORRECT? THAT'S CORRECT.

DOES THE BOARD HAVE ANY ISSUE WITH THE LANDSCAPE PLAN? ALL RIGHT.

SO THAT ONE COULD BE EASY.

OKAY, NEXT ONE.

LET'S TALK ABOUT THE FENCE MATERIAL REGULATIONS.

THE DEFENSE MATERIAL REGULATIONS.

SO I'M TRYING TO DO THE EASY ONES FIRST.

THE DEFENSE STATES THE BOARD MAY GRANT A SPECIAL ACCEPTED DEFENSE WHEN IMPEDING OF THE BOARD.

THE SPECIALIST WILL NOT ADVERSELY NAME YOUR PROPERTY.

SO WHAT ARE, WHAT'S THE MATERIAL YOU HAVE? IT'S COR THAT IS, IS IS O OUTSIDE OF CODE? YES, SIR.

CORRUGATED METAL PANELING, WHICH IS MEANT TO MAKE CERTAIN THAT NOBODY CAN LOOK INTO THE FACILITY.

CORRUGATED MEANING IT KIND OF HAS A RIPPLE TO IT.

IT'S A YES SIR.

AND, UH, THE COMMONLY USED ON THE SIDE OF OUR BU ALL METAL BUILDINGS USE THIS TYPE OF METAL VERY CUSTOMARY.

AND IN OUR VICINITY, I COUNTED 10 PROPERTIES WITHIN, HOLD ON, HOLD ON.

I'M PROCESSING WHAT YOU JUST SAID.

CORRUGATED METAL.

AND IS THAT ON THE BUILDING ITSELF? THAT'S ON THE FENCE LINE.

THAT'S THE BUILDING IN THE SAME TYPE OF MATERIAL WAS USED ON THE FENCE AS WELL.

SO IT'S ON THE FENCE LINE AND ON THE BUILDING.

I DON'T THINK IT'S AN ISSUE WITH US AS ON YOUR BUILDING.

I THINK THE ISSUE IS ON THE FENCING.

'CAUSE THAT'S, THAT BECOMES THE EXTERIOR.

IF I CAN ADD A LITTLE BIT MORE BACKGROUND, I'M HAPPY TO DO THAT.

BRIEFLY, BRIEFLY.

CERTAINLY.

I'M TRYING TO HELP YOU WIN.

SO THERE'S A, THERE'S A SAYING OUT OF SIGHT, OUT OF MIND AND ON SOUTHEAST DALLAS, I DUNNO KNOW HOW MANY OPERATE A BUSINESS IN SOUTHEAST DALLAS, BUT WHEN I WENT DOWN THERE, IT WAS, UH, IT'S, WE HAVE ISSUES IN SOUTHEAST DALLAS.

NOW WE'RE TRYING TO DO OUR BEST TO CLEAN IT UP.

AND WE'VE MADE SOME INVESTMENTS IN SOUTHEAST DALLAS, NAMELY MINE, UH, FOR PALLET AND RECYCLING.

SO WE WERE BROKEN INTO ON FOUR DIFFERENT OCCASIONS.

ONE, IT WAS TWO O'CLOCK IN THE MORNING WHEN OVER A HUNDRED THOUSAND DOLLARS WORTH OF DAMAGE WAS CONDUCTED ON THE PROPERTY.

HOW COULD SOMEONE BREAK IN? YOU HAVE A COMPOUND HERE, RIGHT? AND IT WOULD APPEAR, UH, SO BUT IT APPEARS THAT WAY.

WELL, THEY CAME IN THROUGH THE FRONT DOOR.

THEY DIDN'T EVEN ASK PERMISSION.

TWO O'CLOCK IN THE MORNING AS AWOKEN.

SO I'VE DONE EVERYTHING I CAN, I'M A MILITARY MAN.

I'VE DONE EVERYTHING I CAN TO PROTECT OUR BORDERS AND MAKE CERTAIN THAT WE ARE PROTECTED INSIDE OUR FENCE LINE AND TO INCLUDE THE, UH, MAKING CERTAIN THAT WE, THEY CAN'T SEE INSIDE.

BECAUSE IF THEY SEE IT, THEY'LL COME AT TWO O'CLOCK IN THE MORNING TO TAKE IT.

THE ENTRANCE TO YOUR MAIN BUILDING IS NEAR THE FLAGPOLE? THAT IS CORRECT.

I'M JUST TRYING TO GET YOUR ENTRANCE.

SO LET'S GO BACK TO THE ISSUE OF FENCE MATURE REGULATIONS.

THE CORRUGATED, UH, IS IT ALUMINUM OR STEEL? IT'S ACTUALLY A STEELS.

AND THAT'S ON THE PERIMETER.

THAT'S CORRECT.

SO MS. BOARD ADMINISTRATOR, THAT'S, THAT'S CONSIDERED THAT TYPE OF FENCING IS NOT ON THE APPROVED LIST.

THE CORRUGATED METAL? YES, THAT'S CORRECT.

IT'S ON THE PROHIBITED LIST.

IT'S ON PROHIBITED LIST.

AND SO OUR CRITERIA ON THAT TO OUR CRITERIA ON THE ISSUE OF THAT IS THE SPECIAL EXCEPTIONAL, NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.

HOLD ON A SECOND.

SO, BOARD MEMBERS, THE QUESTION FOR US IS THAT CORRUGATED, WHAT'D YOU CALL IT? CORRUGATED METAL.

STEEL, YES.

COR UNIT METAL.

I CAN, I THINK I CAN SHOW BY, YOU KNOW, THE, THOSE THAT, THAT, YOU KNOW, CAME HERE TODAY TO PROTEST IT, THAT THEY'RE, YOU KNOW, MY COMMUNITY IS SURROUNDED BY THIS TYPE OF METAL, SIR.

SO WE, I CAN LOOK OUT MY FRONT DOOR AND SEE METAL PANELING EVERYWHERE DOWN THAT SIDE OF TOWN.

HOLD ON.

ALRIGHT, SO THE SECOND QUESTION FOR US IS, DO WE HAVE AN ISSUE WITH THAT TYPE OF CORRUGATED METAL AT THE EXTERIOR OF THE PROPERTY? AND DOES THAT HAVE AN OUR CRI I'M TRYING TO READ BACK TO THE LEGAL DEFINITION.

AND DOES THAT HAVE A WILL NOT, WILL A SPECIAL EXCEPTION NOT ADVERSELY AFFECT NEIGHBORING PROPERTY? WE SAW THE VIDEOS OF SAW THE PICTURES.

I THINK THE SENSE IS YOU'RE OKAY.

OH, THAT DOESN'T MEAN YOU ARE WELL, THANK MEANS I SENSE THAT THAT'S NOT AN ISSUE.

TRYING TO GET THE EASY ONES OUT OF THE WAY.

NOW LET'S TALK ABOUT THIS VISIBILITY OF TRIANGLE.

THAT'S GONNA BE A HARDER ONE HISTORICALLY.

NOW OUR ATTORNEY WOULD TELL US, THIS IS OUR LAST CASE AT THE LAST HOUR OF THIS.

AND THEN SHE MOVES ON TO OTHER GREAT HEIGHTS.

SHE'D SAY, UM, NO CASE SETS A PRECEDENT.

SO WHAT I'M GONNA SAY SOUNDS LIKE IT DOES.

BUT WE ARE VERY LEERY ABOUT VISIBILITY TRIANGLES.

BUT WE DEAL WITH THEM SEPARATELY, BUT WE'RE VERY LEERY ABOUT IT.

YOU HEARD OF THE PREVIOUS ONE.

WE GET VERY NERVOUS ABOUT IT.

MS. DAVIS WAS VERY ASTUTE AND SAYING EVEN MORE SO IF THAT DOOR OPENS AN EMERGENCY, THEY'RE TEARING OUT AND SOMEONE ON ELI'S GONNA GET CLIPPED.

[02:45:01]

UM, WELL YOU SAW EARLIER FROM THE, UH, PHOTOS THAT I HAD ADDRESSED, THE VISIBILITY, UH, CIRCLE AT THE CORNER OF HILLBURN AND ELAM.

REMEMBER THE FOUNDATION OF THE OLD BUILDING WAS THAT CORNER, THERE'S A BUILDING STRUCTURE.

WE SAW THAT YOU LEFT THE FOUNDATION PLACE.

I LEFT.

BUT MAY, MAY I MENTION THOUGH, THERE USED TO BE A WALL THERE AND SO, SO I PULLED THAT BACK.

WE COULD TELL YES SIR.

WE SAW THE FOUNDATION STILL THERE.

AND AS FAR AS, UM, MS. DAVIS, AS FAR AS MY PRIDE IN THAT FACILITY, I'VE TOUCHED IT WITH MY OWN HANDS.

YOU KNOW, I DON'T PUT IT INTO OTHER PEOPLE'S HANDS TO DO IT.

I DO IT MYSELF.

SO THE TRELLIS THAT WE PUT UP, THAT WE TRY TO DIRECT AS A TRELLIS IS ACTUALLY A BARRIER TO KEEP PEOPLE FROM JUMPING OVER THE FENCE.

THAT'S SOUTHEAST DALLAS GUYS.

UH, LADIES AND GENTLEMEN, IT HAS BEEN A VERY DIFFICULT PLACE FOR ME TO OPERATE.

THERE WAS A LITTLE PTSD AFTER, UH, WE GOT BROKEN IN AT TWO O'CLOCK IN THE MORNING, AND I'VE NAVIGATED THAT, THOSE WATERS AS BEST I CAN.

I STILL, I STILL SEE A GREAT FUTURE IN SOUTHEAST DALLAS.

I'M EXCITED FOR IT.

I LIKE TO PARTICIPATE IN ACTIVITY DOWN THERE, BUT THAT'S THE REASON FOR IT.

GETTING BACK TO GETTING BACK TO THE MATTER AT HAND THOUGH, UM, WE WILL SEE, WE CAN SEAL THAT GATE IF, IF IT'S NEEDED.

SO HOW DO WE DEAL WITH OUR NERVOUSNESS ABOUT THE VISIBILITY TRIANGLE? IF THAT ROLL, IF THAT GATE TO THE, IS THAT TO THE EAST? YEAH, TO THE NORTH? YES.

OR IT'S TO THE NORTH.

YES, TO THE NORTH.

HOW DO WE, HOW DO WE DEAL WITH THAT ISSUE? I THINK WE SEALED THE GATE.

YOU SAY SINCE YOU BOUGHT YOU, SINCE YOU'VE OWNED THE PROPERTY IN 19, THAT'S SEVEN YEARS, YOU HAVEN'T OPENED IT.

THAT'S CORRECT.

I SAY WE SEAL THE GATE, SIR.

SO DOES THAT SOLVE OUR PROBLEM THEN? THERE'S NO VISIBILITY TRIANGLE, MR. FLEMING.

I MEAN, I, I THINK WE WOULD JUST DENY, RIGHT? LIKE IF, IF WE, WE DENY, LIKE WE'RE, WE'RE NOT GOING TO ALLOW THEM TO VIOLATE THE VISIBILITY TRIANGLE.

WE JUST DENY.

AND THEN WHAT THEY DO WITH IT FROM THERE IS THEIR BUSINESS.

RIGHT? SO JUST HOLD ON.

THIS IS A LITTLE BIT OF PUBLIC, UH, SAUSAGE MAKING.

SO, UH, THE QUESTION THAT MR. FLEMING SAID IS WHY NOT JUST DENY, APPROVE THE OTHER TWO, DENY THE VISIBLY TRIANGLE ISSUE AND JUST LET THEM DEAL WITH IT.

AND IF THEY'RE GONNA SEAL IT, THEY'RE SEALED.

IT'S NO LONGER AN EXIT.

WE'RE NOT CODIFYING IT ONE WAY OR THE OTHER.

CAN'T THAT SOLVE IT? WHAT? RIGHT HERE.

COME ON ON THE RECORD.

JUST SO THAT IS YOUR, THIS WILL BE ON YOUR, IF THAT'S WHAT THIS WILL BE ON.

YOUR BOARD WANTS TO DO THAT.

THIS WILL BE ON YOUR BOARD OF ADJUSTMENT TOMBSTONE.

RIGHT? IT'S UP TO THE BOARD.

IF YOU WANT TO APPROVE THE OTHER TWO AND DENY THIS.

IF, IF THIS, UM, SPECIAL EXCEPTION GETS DENIED, THEY CAN'T HAVE THAT GATE THERE.

UM, WELL, WHAT MAKES IT A GATE VERSUS NOT? HE SAID HE'D SEAL IT.

THERE'S A DRIVEWAY THERE.

I WILL LET, I'LL LET STAFF.

THIS IS, THEY DON'T HAVE TO GET RID OF DRY.

THERE'S CURB CUTS IN YOU.

YOU'RE SAYING, HOLD ON A SECOND.

DON'T HOLD ON A SECOND.

LITTLE BIT OF SAUSAGE FOR YOU.

THEY HAVE TO, AND THIS IS THE CAMIKA, EXCUSE ME, MS. BOARD ADMINISTRATOR.

IN ORDER TO ELIMINATE THE ISSUE OF A DRIVEWAY, YOU HAVE TO GET RID OF THE CURB.

CUT.

OH MY GOSH.

UH, SHE KNOWS SHE SAID THAT TO YOU.

SO A DRIVER APPROACH.

YOU KNOW WHAT THE BOARD WANTS TO ACCOMPLISH HERE, MR. YES, I DO.

AND I'M GOING TO ANSWER.

SO YOU, YOU NEED TO GET, YOU NEED TO HELP US GET YES.

WHERE THE, WHAT THE BOARD WANTS TO ACCOMPLISH.

SO IF, IF THE APPLICANT REMOVES THE DRIVER APPROACH, THERE IS NO LONGER A VISIBILITY ISSUE BECAUSE THERE IS NO DRIVER APPROACH.

SO THAT MEANS, THAT MEANS THAT, SO IF YOU DO DENY, WHAT'S THAT? SO THEN THEREFORE, IF THE DRIVER APPROACH IS REMOVED, THERE IS NO LONGER A VISIBILITY TRAINING.

AND WOULD, WOULD CEILING REMOVE THE DRIVE APPROACH? NO, BECAUSE SEALING THE GATE IS YOU, THE DRIVER APPROACH IS STILL THERE.

SO IF YOU REMOVE THE DRIVER APPROACH, YOU DON'T NECESSARILY EVEN HAVE TO SEAL THE GATE.

THE DRIVER APPROACH IS WHAT REQUIRES THE VISIBILITY TRIANGLE.

HOLD THAT THOUGHT.

MS. DAVIS.

DOES THE DRIVE APPROACH, UM, MAKE IT NECESSARY TO REDO THE SIDEWALK THERE THEN? I'M GUESSING THEY HAVE TO FILL SOMETHING IN SO THAT THERE'S NOT AN EASY WAY TO DRIVE IN.

YEAH, SO REMOVING THE DRIVE APPROACH WILL MEAN THAT THEY WOULD HAVE TO CONNECT THE CURB.

SO THE MISSING CURB IS THERE.

THEY WILL CONNECT THE CURB SO THAT YOU CANNOT TURN IN TO THE RIGHT.

COULD THEY JUST BASICALLY SAY WE'RE NO LONGER PUTTING THAT IN FRONT OF THE BOARD OF ADJUSTMENT AND WE DON'T EVEN ADDRESS IT? WELL, I THINK IT'S HERE BEFORE THE BOARD.

SO I GUESS THE DECISION HAS TO BE MADE.

CAN WE WITHDRAW THAT REQUEST? WE'LL, WE'LL ASK.

THAT'S WHAT I THINK THEY'RE TRYING TO FIGURE OUT NOW, LEGALLY.

I MEAN, I, I THINK THAT THEY'RE HERE BECAUSE OF CODE IN THE FIRST PLACE.

I'VE GOT ONE OVER HERE.

GO AHEAD.

MR. FLEMING.

WHAT? WELL JUST, WE'RE WE'RE TALKING ABOUT HOW TO SIDESTEP THIS

[02:50:01]

WHOLE THING.

I THINK THAT THEY'RE HERE BECAUSE CODE ALREADY HAS A PROBLEM WITH IT.

CORRECT? CORRECT.

SO IF WE JUST SIDESTEP IT CODE'S JUST GONNA COME BACK AND SAY THIS IS THE PROBLEM.

YOU'RE RIGHT.

AND THAT'S, WE DON'T WANNA HAUL THEM BACK IN.

SO ONE OPTION, ONE OPTION.

MR. WHERE'D MR. THOMPSON GO? HE'S OVER HERE.

ONE OPTION, ACCORDING TO THE BOARD ADMINISTRATOR THROUGH THE SENIOR PLANNER, IS THAT YOU CONNECT THE CURBS, BUT THAT'S A PAIN IN THE BUTT.

THAT MEANS THEY HAVE TO LAY CONCRETE FOOTERS.

OH, LOOK AT SHE'S DIGGING HER FEET IN.

NO, NO.

I DON'T THINK YOU SHOULD HAVE TO GET, THEY'RE GONNA SEAL THE GATE.

NO, THEY SEAL THE GATE WON'T DO IT.

THEY'RE SAYING YOU HAVE TO DO THE, YOU HAVE TO DO THE CURBS.

I DON'T, I DON'T THINK THEY SHOULD HAVE TO DO THAT.

BUT GATE I WOULD AGREE.

BUT WE'D QUESTION WAS COULD THEY JUST WITHDRAW THAT? COULD WE JUST REMOVE THE CASE? WELL, BUT IF YOU WITHDRAW THE REQUEST, THEY'RE GONNA COME BACK.

SOMEONE'S GONNA COME BACK AND SAY, YOU GOT A VISIBILITY DEAL.

WHO'S GONNA BACK? WELL, I GUESS THE QUESTION IS WHETHER CODE DOES THAT.

ALRIGHT, SO JUST HOLD ON, HOLD ON.

I DON'T WANT TO CONCRETE MS. BOARD ADMINISTRATOR, DO YOU UNDERSTAND WHAT THE BOARD WANTS TO DO? WE WANT TO APPROVE TWO OF THE THREE.

WE WANT THE OTHER ONE TO GO AWAY AT MINIMAL COST.

WAIT JUST A MINUTE.

I'M LOOKING AT THE BOARD ADMINISTRATOR AND THEN SHE CAN LOOK AT YOU.

MINIMAL COST.

WE HAVE A PROPERTY ORDER THAT'S TRYING TO DO IT.

SO LEMME PUT UP THE PRESENTATION FOR THIS MORNING AND I KINDA EXPLAIN THE GATE AND WHY THE MINIMUM COST IS JUST CLOSING OFF THE VISIBILITY TRAILER.

BECAUSE IF YOU DON'T HAVE A CURB CUT, YOU DO NOT HAVE A VISIBILITY.

THE LAY CONCRETE ON THE CURBS.

I I, BUT EITHER WAY IT GO, I DON'T WANNA HAVE WHO'S, WHO'S.

OKAY, SO TO PLAY DEVIL'S ADVOCATE OF WHAT YOU'RE SAYING, RIGHT.

SEALING THE GATE AND I'M NOT, TRUST ME, I TRUST HIM THAT HE WOULD NEVER UNSEAL IT.

BUT IF SOMETHING HAPPENS AND THE NEXT OWNER COMES IN THERE, THEY UNSEE THAT GATE, YOU'RE BACK TO THE SAME SITUATION OF, YOU STILL HAVE A DRIVER APPROACH THERE.

YOU STILL HAVE A CURB CUT THERE.

THE SOLUTION IS TO REMOVE THE CURB CUT, NOT THE SLIDING GATE.

SO BECAUSE I COULD HAVE A GATE OPEN, FORTUNATELY DISTANCE, UNFORTUNATELY HE'S CORRECT.

WHEN WE MAKE DECISIONS, THEY'RE LAND USE DECISIONS, THEY GO WITH THE LAND, NOT THE OWNER.

YOU GUYS SEEM ALL CLEAN.

CUT.

GOOD GUYS.

GOOD PROPERTY OWNER, GOOD EMPLOYER.

WE HAVE TO LOOK BEYOND YOU TO THE LAND.

SO HE'S RIGHT, UNFORTUNATELY, BUT WITH DUE RESPECT, THE, THE NEW LANDOWNER WOULD HAVE TO GET THEIR OWN CO IF THEY WANTED TO COME IN WELL AND DO SOMETHING ON THIS PROPERTY, I, YEAH, MAYBE, BUT, BUT UNFORTUNATELY THIS ISSUE IS RIPE WITH US NOW.

SO WE HAVE TO DEAL WITH IT.

I'M GONNA SHARE THE SCREEN NOW AND SHOW, OKAY.

SHOW.

SO, SO WE CAN ALL LOOK AT THE SCREEN, OUR SCREEN HERE.

SO IT'S NOT JUST A SLIDING GATE.

THIS PANEL THAT'S UM, LET'S JUST SAY AT A 90 DEGREE, THAT PANEL AND THAT, UM, CHAIN LINK FENCE AND THE BARB WIRE, THAT'S ALSO LOCATED IN THE VISIBILITY TRIANGLE.

SO IF YOU REMOVE THE CURB, THIS IS JUST LIKE A MAN ENTRY.

IF YOU WAS WALKING DOWN THE SIDEWALK AND THERE WAS AN ENTRY FOR SOMEONE TO WALK IN AT THAT POINT IN TIME, WHAT MAKES THE VISIBILITY TRIANGLE THERE IS THE FACT THAT THERE'S A CURB CUT.

SO IN MY PROFESSIONAL OPINION, THE CHEAPEST VERSION OR CHEAPEST WAY WOULD BE TO CLOSE OFF THAT DRIVE APPROACH.

WHAT IF WE JUST EXTEND THE, THE CHAIN LINK FENCE ACROSS THE DRIVEWAY AND THEN WE NO LONGER HAVE A WAY TO DRIVE IN? YOU STILL HAVE THE DR BECAUSE SOMEBODY CAN COME BACK AND REMOVE THE FENCE THE NEXT DAY.

IT'S WITH THE LAND.

THAT'S WHY I'M, I UNDERSTAND.

AGAIN, I'M TRYING TO PROVIDE THE SOLUTION.

I HEAR YOU.

BUT IF YOU GUYS WANT TO GO THIS OTHER ROUTE, I JUST, I THINK THIS WAY IS OKAY.

UNFORTUNATELY HE'S RIGHT.

HOLD YOUR HORSES.

SO I, I HEAR WHAT YOU'RE SAYING.

BECAUSE THE REALITY IS THE REALITIES, THE CURB CUT CREATES THE EGRESS OR INGRESS THERE.

AND, UM, THE QUESTION FOR US IS, IS HOW BASED, WOULD YOU BRING THAT BACK UP, MR. THOMPSON? THAT, THAT, IS THAT THE BEST PICTURE FOR THAT AREA, WHAT YOU HAD THERE? OR IS I HAVE LIKE THREE, I'LL GO THROUGH YOU.

WHAT? I HAVE THREE OF 'EM.

SO I WILL, OKAY.

SEE WHICH ONE YOU, SO THE QUESTION FOR THE BOARD IS WHETHER

[02:55:01]

OR NOT HOW BIG AN ISSUE THIS VISIBILITY TRIANGLE IS HERE.

WHETHER WE, WHETHER IT'S AN ISSUE ENOUGH THAT WE FORCE THE PROPERTY OWNER TO CLOSE THE CURB OR WE SAY IT'S NOT A TRAFFIC HAZARD.

THAT'S OUR CHOICE.

THERE IT IS.

SO, OH, I SAW AN ARROW.

WHAT WAS THAT? OH, THAT'S THE OTHER SIDE, RIGHT? YEAH.

SO I'LL JUST, THAT'S ONE SIDE.

YES, THIS IS ONE SIDE.

AND THAT'S THE OTHER.

SO THERE WAS DISCUSSION OVER HERE ABOUT THE, THE, THE, THE GATE, IF THE GATE ROLLED OPEN ENOUGH, DID THAT NOT CHASE? SO THAT'S NOT AN ISSUE.

THAT'S NOT AN OPTION.

OH, 'CAUSE THE FENCE IS STILL THERE.

SO THE QUESTION FOR THE BOARD, FOR THE APPLICANT IS WHETHER OR NOT WE FEEL THIS IS ENOUGH OF A, UM, TRAFFIC ISSUE THAT WE, A TRAFFIC SAFETY ISSUE THAT UM, THEY NEED TO, IN ESSENCE, CLOSE THE CURB OR NOT.

SO QUESTIONS FOR THE APPLICANT, OR IF YOU WANT, DO YOU WANT TO ADD ANYTHING ELSE AT THIS JUNCTURE? THIS IS THE WAY WE DEBATE.

IT HAS TO BE ALL OUT IN THE OPEN.

SO YOU'RE HEARING IT.

WE DON'T GO IN THE BACK ROOM TO DECIDE NO, I'M INTERESTED IN THE PROCESS AND WE WANNA DO IT RIGHT.

YOU KNOW, WHAT'S THAT? WE WANT, WE DO WANT IT.

RIGHT? YOU KNOW, WE WANT IT RIGHT.

AND WE WANT IT SAFE.

SO THAT'S WHY I'M HERE.

YES, WE APPRECIATE THAT.

OR YOU COULD, I'M NOT SUGGESTING, BUT YOU COULD VOLUNTEER TO CLOSE THE CURB, BUT I'M NOT SAYING YOU SHOULD.

WELL, THERE WASN'T A WORD I USED WAS EMERGENCY AND YOU, I THINK YOU SHOULD ALWAYS HAVE CONTINGENCY PLANS.

SO YOU, YOU'RE RIGHT.

SO, BUT THEY'RE SAYING THAT THE CURB CREATES THE ENTRANCE EXIT AND THE VIS BAY TRIANGLE AND THAT CEILING THAT EVEN IF THEY, WELL, YEAH, SO REMOVING THE GATE AND TURNING THAT INTO A FENCE DOESN'T ALLEVIATE THE PROBLEM.

NOT IF YOU STILL GOT THE CURB CUP THERE.

WOW.

THAT'S INGRESS EGRESS.

REGARDLESS.

AT THE END OF THE DAY, JUST REMEMBER THIS, MOST VEHICLES THAT ARE GOING TO BE INVOLVED IN AN EMERGENCY CAN JUMP A CURB.

SO THEREFORE WITH THE GATE SLIDING OPEN BECAUSE YOU HAVE AN EMERGENCY, YOU SHOULDN'T BE PUTTING THIS ON THE RECORD, MR. THOMPSON , YOU REALLY SHOULDN'T.

I AGREE WITH YOU, BUT YOU SHOULDN'T PUT THAT ON THE SCRATCH WHAT I JUST SAID, .

HE IS RIGHT ABOUT THAT, BUT OKAY.

SO WE NEED TO MAKE A JUDGMENT CALL AS TO WHETHER OR NOT WE INSIST ON, UM, A WAIVER TO THIS.

AND IF, IF SO, IT'S NON-ISSUE.

IF WE SAY THERE'S NO WAIVER ON THIS, THEN THE PROPERTY OWNER'S GONNA HAVE TO CLOSE THE CURB.

THAT'S WHAT IT COMES DOWN TO.

YEAH, YOU CAN, WE CAN DISCUSS IT.

IT'S AN ISSUE.

UNFORTUNATELY, IT'S AN ISSUE FOR ME.

I DON'T WANT, UM, I DON'T WANT THAT ON MY SHOULDERS IF SOMEBODY'S GETTING INJURED OR, UH, YOU KNOW, HIT BECAUSE SOMEBODY IS LEAVING VERY QUICKLY.

SO I AM, I'M NOT SUPPORTIVE OF THAT, BUT I'M JUST ONE BOARD MEMBER.

I THINK I WOULD SHARE MRS. DAVIS'S SENTIMENTS, BUT I ALSO THINK WE ALL ARE IN AGREEMENT THAT THERE IS A SOLUTION THAT, YOU KNOW, A SOLUTION THAT CAN BE HERE.

MR. CHAIRMAN, I DO NOT WANNA MUDDY THE WATERS ON THIS ISSUE.

HOWEVER, WHEN THEY DO A CURB, WHEN THEY, WHEN A INDIVIDUAL PUTS A CURB, DO THEY HAVE TO GET A PERMIT FROM THE CITY TO DO THAT WOULD PREVENT THE CITY FROM ISSUING A, A PERMIT TO CURB IT.

BECAUSE NOW YOU'RE GONNA GET BACK TO THE EXACT SAME SITUATION.

IF NOW WE WERE TO ISSUE A PERMIT, WE'RE GONNA LOOK AT TO WHAT ARE THOSE CONDITIONS? WE NOW HAVE A FENCE THERE, WE NOW HAVE A VISIBILITY TRACK ISSUE.

NO, BUT IF HE, HE'S SAYING IF THE CURB IT, YOU JUST GO GET A FIT PERMIT TO DO THE CURB THAT CLOSES THAT OFF.

SO THE DRIVER APPROACH IS THE INGRESS EGRESS, WHICH THAT'S WHAT TRIGGERS THE VISIBILITY TRIANGLE.

RIGHT? SO NOW THAT I WANT TO COME IN AND OBTAIN A PERMIT FOR A CURB CUT NO, FOR, FOR CURB TO CLOSE THE CURB, LIKE CLOSE TO CLOSE IT.

I MEAN, ARE THEY GOING TO BE ABLE TO GET THE PERMIT TO ACTUALLY CLOSE THE CURB? THE CURB, YES.

SO THAT WAS THE CONCERN IS OH, I THOUGHT YOU WAS TALKING ABOUT NO.

AFTER IT WAS CLOSED OFF, SOMEBODY TO COME BACK AND GET ONE.

NO, I'M SORRY.

SO YEAH, I DON'T THINK THERE'S A PROBLEM IF THE ANSWER IS TO LAY CONCRETE TO PUT A CURB.

BECAUSE WHETHER THAT'S CITY PROPERTY THERE OR THE, THE OWNER'S PROPERTY.

I, I, WELL, I THINK THE CITY, I THINK THE CITY WOULD HAVE THE CURB WOULD'VE TO BE UP TO THE CITY STANDARD FOR A CURB.

SO I THINK THERE'S TWO OF THE FIVE OF US THAT THINK THERE'S

[03:00:01]

THE SAFETY ISSUE STILL.

I DON'T KNOW ABOUT THE OTHERS.

YEAH, I, I I THINK THAT OUR OBLIGATIONS HERE ARE, ARE REALLY CLEAR.

WE, WE CAN'T APPROVE PLOTTING THE SAFETY TRIANGLE LIKE THIS.

I, I UNDERSTAND HOW INCONVENIENT IT'S GONNA BE, BUT THE, THE, AS FAR AS THE WHAT'S IN FRONT OF US AND THE THINGS THAT WE HAVE TO DO, WE HAVE TO DENY.

SO, ACTION.

SO IF YOU REMEMBER, I SAID IT TAKES FOUR VOTES, SO WE'RE HEADED TO HEADED TO THREE, UH, , ONLY TWO VOTES POTENTIALLY SAVING IT, BUT, ALL RIGHT.

SO, UH, DID YOU WANNA ADD ANYTHING ELSE? YES, I GUESS I WOULD.

UM, WHEN YOU EXIT THE PROPERTY, THAT'S, UH, SIX LANES ON ELAM ROAD, IT HAS A DIVIDER, THE CENTER.

SO TRAFFIC ORDINARILY WHEN YOU LEAVE THAT SITE IS GONNA GO EASTBOUND.

IT'S NEVER GONNA GO WESTBOUND.

SO VISIBILITY TRIANGLES BOTH DIRECTIONS AND YOU'RE NOT, YOU'RE NOT SURE.

YOU SHOULDN'T HAVE TO WORRY ABOUT EVER, YOU KNOW, TRAFFIC COMING, YOU KNOW, UNLESS THEY'RE GOING THE WRONG WAY DOWN A ONE WAY ROAD DISREGARD.

I'M STILL TRYING TO GET MY EMERGENCY GATE FACTORED IN THERE SOMEHOW.

THE, IF YOU WANTED THE GATE, WHAT YOU'D HAVE TO DO IS CREATE THE LANE.

YOU HAVE TO BRING THE KIND OF WING WALLS BACK SO THAT THERE'S THAT 20 FEET ANGLE ONTO THE STREET, WHICH THAT WOULD PENETRATE INSIDE YOUR PROPERTY.

OKAY, WE'LL DO THAT.

YOU'LL DO WHAT? WE'LL DO THE WING WALL.

WE'LL, WE'LL ACTUALLY SUBMIT ANOTHER SITE PLAN WITH THAT CHANGE MADE.

I'M, I'M NOT SUGGESTING THAT I'M SAYING THAT'S AN OPTION.

AND IF YOU DID THAT, PRESUMABLY SOMEONE WOULD GO OUT AND SAY, OKAY, YOU NO LONGER HAVE A VISIBLY TRIANGLE BECAUSE THERE, I DON'T KNOW HOW YOU CALCULATE IT, BUT FROM THAT POINT DIAGONAL INTO THE STREET, IT'S THIS UNOBSTRUCTED VISION.

BUT WHAT THAT DOES, SIR, THAT'S GOING TO INTERFERE WITH SOME OF THE SPACE INSIDE YOUR PROPERTY.

THAT THAT'S FINE.

THAT MEANS YOU'RE NOT GONNA CURB IT, YOU'RE JUST GONNA CREATE YEAH, THAT'S CORRECT.

SO MR. THOMPSON OR MISS BOARD ADMINISTRATOR, I'LL GO TO YOU AND IF YOU WANT ME TO KEEP GOING TO MR. THOMPSON WITH QUESTIONS, I'M CHAIN OF COMMAND.

SHE'S IN CHARGE OF THE STAFFS.

SO MR. THOMPSON, IF THE APPLICANT CHOSE TO CHANGE THEIR FENCE LINE TO GET THAT ANGLE, THAT WOULD ELIMINATE THIS AS A VISIBILITY TRIANGLE ISSUE, POTENTIALLY.

OH GOD.

BECAUSE REMEMBER THAT SLIDING GATE HAS TO BE BACK A CERTAIN DISTANCE.

AND I DON'T KNOW IF THAT SLIDING GATE IS BACK 20 FEET FROM THE CURB.

NO, I PUT THAT, I SAID, I DON'T KNOW.

I'M NOT YES SIR.

I BUILT THE GATE.

I'LL, I CAN MOVE THE GATE.

WE WERE TALKING COST EARLIER.

SO NOW COST IS NOT AN ISSUE.

I I'M JUST, AT FIRST WE WAS TALKING COST EFFECTIVE.

SO IF WE'RE NOT TALKING COST EFFECTIVE, GREAT.

WE'LL MOVE IT BACK.

WE'LL GET EVERYTHING ALIGNED.

THEREFORE YOU'RE OUT THE VISIBILITY TRIANGLE.

UM, I DON'T THINK YOU'RE GONNA HAVE TO MOVE THAT FIRE HYDRANT.

THAT WAS OKAY TO THE EAST OF THE NORTHEAST.

I'M, SOUNDS LIKE YOU'RE ON THE RIGHT PATH THEN.

SO WE CAN WORK WITH YOU ON THAT.

WHAT, WHAT I, WHAT I WOULD SENSE, SIR, IS IT'S THE CONSENSUS OF THE BOARD THAT WE'RE NOT GONNA WAIVE THE VISIBILITY TRIANGLE ISSUE.

SURE.

WHICH MEANS YOU AS A PROPER OWNER, NEITHER EITHER, EITHER CURB IT TO NEGATE IT OR MOVE IT, IT, THAT ENTRANCE EXIT BACK ENOUGH SO IT HAS UNOBSTRUCTED ANGLES.

PERFECT.

THAT'S YOUR CHOICE HOW YOU DO THAT.

BUT IT, YOU DON'T HAVE THE FOUR VOTES TO WAIVE THE VISIBILITY OF THE TRIANGLE TRAFFIC ISSUE.

THAT'S THE SENTIMENT.

WHICH MEANS THAT, UM, I THINK WHICH MEANS THAT WE'RE NOT GOING TO GRANT YOU THE SPECIAL EXCEPTION THERE, WHICH MEANS YOU'RE STILL GONNA HAVE TO COMPLY IN SOME WAY SHAPE.

WE'LL SEE WHAT THE VOTE HAPPENS.

BUT WHAT I TRIED TO DO IS FIND A WAY AT THE LEAST COST MOST EFFICIENT FOR YOU.

AND WHAT I REALLY TRIED TO DO IS SEE IF WE COULD WAIVE IT, BUT THERE'S NOT FOUR VOTES TO WAIVE IT.

SO THAT'S THE WAY IT WORKS.

SO THAT'S THE WAY WE'RE CONSTITUTED.

DID YOU WANNA SAY ANYTHING ELSE? I HAVE NOTHING TO SAY.

I WILL MAKE ONE OTHER COMMENT TO YOU, SIR.

THANK YOU FOR YOUR EFFORTS TO TRY TO BE AN EMPLOYER AND A PROPERTY OWNER IN AN AREA THAT MAY BE CHALLENGING.

UM, DON'T GIVE UP.

AND WE, WE, SO WE'LL JUST LEAVE IT AT THAT.

THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WAS RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.

UH, THE CHAIR WILL ENTERTAIN A MOTION.

MR. FLEMING, WE HAVE THREE MOTIONS.

UH, I MOVED TO, FOR THE, THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO A 2 6 5 8 ON APPLICATION OF HERSCHEL BOEING'S GRANT, THE VARIANCE OF THE LANDSCAPING RE REGULATIONS REQUESTED BY THIS APPLICANT.

BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH

[03:05:01]

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER BO A 2 6 0 0 0 0 5 8.

MR. FLEMING MOVES TO GRANT THE REQUEST FOR THE VARIANCE OF THE LANDSCAPING REGULATIONS.

SECOND BY MR. ROGERS.

DISCUSSION ON THE MOTION.

MR. FLEMING? I DON'T HAVE ANY FURTHER DISCUSSION.

MR. ROGERS.

UM, THIS VARIANCE, I MEAN, I THINK IS WELL SUPPORTED.

YOU'VE GOT DUAL SUPPORT FROM STAFF, THE CHIEF ARBORIST, PHYSICAL CONSTRAINTS ARE GENUINE BUYING SOLUTION IS APPROPRIATE.

SO I FEEL, FEEL GOOD ABOUT IT.

ANY OTHER DISCUSSION ON THE MOTION? THE BOARD SECRETARY WILL CALL THE VOTE.

THE MOTION ON THE FLOOR IS TO GRANT THE LANDSCAPING REQUESTS.

MOTION TO GRANT PASSES 5 2 0.

UH, IN THE CASE OF BO A 2 6 0 0 0 5 8.

THE, THE BOARD UNANIMOUSLY, UH, FIVE ZERO VOTE GRANTS THE REQUEST FOR A VARIANCE TO THE LANDSCAPING REGULATIONS NEXT MOTION.

LET'S DO MOTION THREE OF THREE.

UH, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BO OA 2 6 5 8 ON APPLICATION OF HERSCHEL BOWENS DENY THE REQUEST TO THIS APPLICANT FOR A SPECIAL EXCEPTION OF THE OH YEAH, YEAH, YOU'RE RIGHT.

UH OH.

YOU WANT, OKAY, SO IN THREE OF THREE I GRANT, SO CAN I START OVER? I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BOA 2 6 5 8 ON APPLICATION OF HERSCHEL BOWENS GRANT, THE REQUEST TO THIS APPLICANT FOR A SPECIAL EXCEPTION TO DEFENSE MATERIAL STANDARDS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPT 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 MATERIALS AND FENCE LOCATION REQUIREMENTS ILLUSTRATED IN THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE MATTER OF BO 8 2 6 0 0 0 5 8.

UH, MR. FLEMING MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR DEFENSE MATERIAL STANDARDS.

SECOND BY MR. ROGERS DISCUSSION OF THE MOTION.

MR. FLEMING, UH, MR. BOWEN'S POINT ABOUT THE SURROUNDING PROPERTIES USING THE SAME MATERIALS AS PERSUASIVE MR. ROGERS? I SECOND THAT ALONG WITH NO OBJECTIONS IN THE IMMEDIATE AREA, THE BOARD SECRETARY WILL CALL THE VOTE.

THIS IS TO GRANT SPECIAL EXCEPTION DEFENSE MATERIAL STANDARDS.

MOTION TO GRANT PASSES 5 2 0 BO OA 2 6 0 0 0 0 5 8.

THE BOARD UNANIMOUSLY ON A 5 2 0 VOTE.

GRANTS THE REQUEST FOR THE SPECIAL EXCEPTION OF DEFENSE MATERIAL STANDARDS.

LAST MOTION TWO OF THREE.

MR. FLEMING, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BO OA 2 6 5 8 ON APPLICATION OF HERSCHEL BOWENS DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE OF THE DRIVEWAY APPROACH ALONG ELAM ROAD.

UM, I'LL JUST SAY WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THIS SPECIAL EXCEPTION WOULD CONSTITUTE A TRAFFIC HAZARD.

MR. FLEMING MOVED IN BO OA 2 6 0 0 0 5 8 TO DENY THE SPECIAL SECTION EXCEPTION REQUEST FOR A VISIBILITY TRIANGLE APPROACH ON ELAM ROAD WITHOUT PREJUDICE.

IS THERE A SECOND? SECOND, SECOND BY MR. DORN DISCUSSION ON THE MOTION, MR. FLEMING? YEAH.

AS FAR AS DENYING IT WITHOUT, I, I DON'T WANT TO BE ESPECIALLY ONEROUS SINCE THESE GENTLEMEN HAVE BEEN SO COOPERATIVE.

UH, BUT, YOU KNOW, THE VISIBILITY TRIANGLE REGULATIONS ARE IN PLACE FOR A REASON.

I THINK THAT THEY DO A LOT TO KEEP US SAFE.

IT IS A PRETTY BUSY ROAD AND I THINK IT, IT'S OUR DUTY TO INSIST THAT WE UPHOLD THOSE GIVEN THE CONDITIONS HERE.

THANK YOU MR. FLEMING.

MR. DORN.

OH, I'M SORRY.

MR. ROGERS SECONDED IT.

UH, BUT I I WILL SAY OVERWHELMINGLY RESIST VISIBILITY TRIANGLES BECAUSE OF THE SAFETY ISSUE AND THE BLIND SIDE OVER HERE AS YOU'RE GOING OUT THIS WAY.

UM, SO, UM, I'M GONNA, I'M GONNA SUPPORT THE MOTION THE BOARD SECRETARY WILL CALL THE VOTE.

THE VOTE ON THE FLOOR IS 2 6 0 0 0 5 8, UH, ON MOTION BY MR. FLEMING TO DENY THE SPECIAL EXCEPTION FOR THE VISIBILITY TRIANGLE WITHOUT PREJUDICE.

[03:10:01]

MOTION TO DENY WITHOUT PREJUDICE PASSES FIVE TO ZERO.

THE MATTER OF BO 8 2 6 0 0 0 5 8.

THE BOARD UNANIMOUSLY A VOTE OF FIVE TO ZERO DENIES THE SPECIAL EXCEPTION REQUEST FOR A VISIBILITY TRIANGLE, THE DRIVEWAY APPROACH WITHOUT PREJUDICE.

YOU'LL GET NOTIFIED BY OUR BOARD SECRETARY WITHIN THE NEXT TWO DAYS.

THANK YOU VERY MUCH FOR YOUR TIME.

BOARD MEMBERS, THAT IS THE LAST ITEM ON OUR AGENDA TODAY.

UH, TWO SPECIAL NOTES.

OUR NEXT BOARD OF ADJUSTMENT PANEL A MEETING IS TUESDAY, OCTOBER 20TH.

TUESDAY, OCTOBER 20TH.

SAME TIME, BAT TIME, SAME BAT PLACE.

YOU REMEMBER BAT.

HE DOESN'T REMEMBER.

HE'S TOO OLD FOR IT.

THE REST OF US ARE OLD ENOUGH FOR IT.

UH, UH.

HE'S TOO YOUNG FOR IT.

I'M SORRY TOO.

OH, NO, NO.

TOO YOUNG.

UH, ALSO DON'T FORGET, OUR FULL BOARD OF ADJUSTMENT MEETING IS TUESDAY, NOVEMBER 3RD.

I'VE SENT AN EMAIL OR TWO OUT ABOUT IT.

MARY WILL BE SENDING OUT TO EVERYONE.

UH, NOVEMBER 3RD, I DON'T KNOW, IN A COUPLE WEEKS.

WE'LL, WE'LL GET CLOSER TO IT FOR THAT.

UM, THAT'S GONNA BE HERE, IT'LL BE NINE TO FOUR.

UM, THE THIRD, UM, BUT MOST IMPORTANTLY OCTOBER 20TH.

SEEING NOTHING ELSE, THE, THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN.

I MOVE TO ADJOURN.

TODAY'S MEETING.

ALL IN FAVOR? AYE.

THOSE OPPOSED.

BOARD OF ADJUSTMENT AT 4:21 PM IS ADJOURNED PANEL A AT SEPTEMBER 15TH.

TUESDAY.