[*A portion of this video is without audio*] [3.A. ZBA-2025-00004: Request from Jeffrey Kassa, applicant and owner, for variance to increase the height for a fence in the front yard, of the Woodhaven Addition, Block 5, Lot 5A, 8.8825 acres, more commonly known as 708 Cavan Road, City of Duncanville, Dallas County, Texas.] [00:02:39] YOU SHOULD HAVE A STAFF REPORT FOR THIS ITEM. CAN I PRESENT? OKAY, SO I'LL GO AHEAD AND START THE PRESENTATION. I'LL GO AHEAD AND START THE PRESENTATION. IS THAT OKAY WITH YOU? MY NAME IS DESIREE POWELL, CITY PLANNER. THIS IS STAFF PRESENTATION TO THE ZONING BOARD OF ADJUSTMENT. CAN YOU HEAR? OKAY. SO THANK YOU, COMMISSIONER, FOR READING THE THE DESCRIPTION. SO AGAIN ZBA 2025004 REQUEST FROM JEFFREY CASA FOR A VARIANCE TO INCREASE THE HEIGHT OF A FENCE IN THE FRONT YARD FROM 4FT TO 8FT. I DO WANT TO GO ON RECORD THAT THE ADDRESS AT THE TIME WAS 708 CAVEN ROAD. THE PROPERTY HAS BEEN REPLATTED AND THERE ARE TWO ADDRESSES EXISTING THERE. SO WE HAVE 700 CAVEN ROAD AND 704 CAVEN ROAD. AS YOU MENTIONED, THE VARIANCE REQUEST IS TO INCREASE THE HEIGHT FROM 4FT TO 8FT. THIS ISN'T A RESIDENTIAL ZONING DISTRICT. THE CURRENT ZONING DISTRICT IS SINGLE FAMILY RESIDENTIAL TEN OR SF TEN. THIS IS THE NOTIFICATION MAP OF WHO WE SENT OUT TO TO WITHIN 200FT OF THE PROPERTY. WE SENT OUT 58 MAILERS. WE RECEIVED ONE IN OPPOSITION AND AS OF TODAY, WE RECEIVED ONE IN FAVOR. SO FOR STAFF ANALYSIS AND FINDINGS, AS YOU'LL SEE IN YOUR PACKET, MR. COSTA SUBMITTED A HARDSHIP LETTER OF SOME OF THE ISSUES AND CHALLENGES HE WAS HAVING AT HIS PROPERTY REGARDING THE DESIRE FOR A TALLER FENCE. THROUGH STAFF'S RESEARCH, WE DID NOT FIND SUBSTANTIAL INFORMATION TO BACK THAT UP, ALTHOUGH WE WE DID CONFIRM AND REACH OUT TO THE POLICE DEPARTMENT THAT HE HAD MADE SEVERAL CALLS ABOUT LOOSE ANIMALS, STRAY ANIMALS THEY WERE RESPONDED TO. HE ALSO NOTED IN HIS HARDSHIP LETTER ABOUT JUST ONGOING ISSUES ON THAT STREET IN HIS NEIGHBORHOOD. OF COURSE, IN THE PROXIMITY TO THE BORDER OF THE CITY OF DALLAS. HOWEVER, AGAIN, A LOT OF WHAT WE SAW AND WE WE DID THAT. AS STATED IN YOUR STAFF REPORT FROM JANUARY 1ST OF 2024 UNTIL SEPTEMBER OF 2025. AND SO JUST THE TIME FRAME OF WHEN EASIER FOR US TO TRACK THAT. NOT SURE WHEN THE APPLICANT BOUGHT THE PROPERTY. INITIALLY. ADDITIONALLY, WE ALSO REACHED OUT TO OUR CODE ENFORCEMENT [00:05:04] TEAM TO ASK IF THERE WERE ANY ISSUES THERE. HE ALSO MENTIONED MADE MENTION OF ILLEGAL DUMPING ON HIS LOT. UNFORTUNATELY, CODE DOES HAVE A HARD TIME TRACKING WHEN ILLEGAL DUMPING DOES TAKE PLACE BECAUSE PEOPLE USUALLY DO IT AND THEN THEY'RE GONE. CODE DID, HOWEVER, CITE HIM EARLY ON IN THE PURCHASE OF HIS PROPERTY FOR CUTTING DOWN TREES ILLEGALLY OR REMOVING THEM. THAT'S THE ONLY THING THAT WE WERE ABLE TO FIND REGARDING THE ILLEGAL DUMPING ISSUES WITH CODE, BUT THAT WAS THE ONLY THING THAT CODE MENTIONED. THEY HAVEN'T HAD ANY ANY OTHER ISSUES UP UNTIL NOW OR AS OF TODAY, AS YOU'LL SEE ON THE NEXT PAGE OR ON THE NEXT SLIDE, THERE ARE TWO SEARCHES EXISTING ON THE PROPERTY, SO THEY ARE UNDER CONSTRUCTION RIGHT NOW. ONE IS HIS PRIMARY RESIDENCE AND THE OTHER IS A ACCESSORY DWELLING UNIT OR ADU. SO THIS IS THE ZONING OF THAT AREA. AS WE MENTIONED, IT'S SF TEN. THE STAR REPRESENTS. THIS WAS THREE LOTS PUT INTO ONE. SO THIS REPLAT WAS APPROVED BY PLANNING AND ZONING COMMISSION IN 2024. AND SO THOSE THREE ARE NOW ONE BIG LOT. AND THEN THE 700 AND THE 704, YOU'LL BE ABLE TO SEE A LITTLE BIT BETTER ON THE NEXT SLIDE. THIS IS THE AERIAL. SO TO GIVE YOU AN IDEA OF IT WAS HEAVILY WOODED. OBVIOUSLY HAD TO DO SOME CLEARING TO GET THE FOR THE STRUCTURE TO BE BUILT AGAIN BOUNDED BY NORTH COCKRELL HILL ROAD TO THE EAST. AND THEN JUST A LITTLE BIT OVER, YOU WILL BE IN THE CITY OF DALLAS. SO HE DOES KIND OF STRADDLE THE LINE OF DUNCANVILLE AND DALLAS. THIS IS THE FENCE PLAN THAT THE APPLICANT SUBMITTED. SO THE THE NEW FENCE IS PROPOSED TO BE EIGHT EIGHT FEET, I BELIEVE IT'S GOING TO BE WROUGHT IRON. AND THEN THE STRUCTURES AS YOU CAN SEE ARE I KNOW THEY'RE A LITTLE BLURRY, BUT THE ONE AT THE BOTTOM OF THE SCREEN IS THE PRIMARY RESIDENCE. SO IT'S A LITTLE OVER 3000FT■!S. AND THENO THE FAR WELL FURTHER NORTH IS THE ACCESSORY DWELLING UNIT OR THE ADU, WHICH IS A LITTLE BIT OVER 2000FT■!S. THE APPLICANT DD EXPRESS THAT HE WANTED THE TALLER FENCE, NOT ONLY FOR SOME OF THE DUMPING ISSUES AND SOME OF THE CRIME, BUT ALSO BECAUSE HIS MOTHER IS GOING TO BE LIVING IN THE ADU. SO FOR SAFETY, THINGS OF THAT NATURE WITHIN THAT, BEFORE WE GET INTO THE VARIANCE PROCEDURE, STAFF DID RECOGNIZE THAT. AND SO WE WE TOTALLY UNDERSTAND. HOWEVER, IT IS A LITTLE BIT UNUSUAL FOR RESIDENTIAL BECAUSE IN OUR CASE IT IS DOUBLE THE HEIGHT. THE REQUIRED HEIGHT FOUR FEET IS THE MAXIMUM. SO FOR THE VARIANCE PROCEDURE WE LISTED OUT WHAT'S LISTED IN OUR COMPREHENSIVE ZONING, OUR ZONING ORDINANCE OF HOW IT WORKS. I'LL JUST READ THIS VERY QUICKLY. THE ZONING BOARD OF ADJUSTMENT MAY AUTHORIZE, IN SPECIFIC CASES, A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE. IF THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AND DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP, AND SO SO THAT THE SPIRIT OF THE ORDINANCE IS OBSERVED AND SUBSTANTIAL JUSTICE IS DONE. JUST TO GIVE YOU CONTEXT ON WHAT THE VARIANCE PROCEDURE LOOKS LIKE AND WHAT IT'S SUPPOSED TO DO HERE. I'M NOT GOING TO READ ALL OF THESE, BUT THESE ARE THE CONDITIONS FOR GRANTING A VARIANCE. AND WE'LL ON THE NEXT SLIDE WE'LL GO BY WHAT STAFF ASSESSED FOR THOSE CONDITIONS. AND SO THE THE CONDITIONS WITHIN X NEXT TO THEM ARE THE ONES THAT WE STAFF FEEL THEY ARE NOT GOING TO BE THE OWNER FROM USING HIS PROPERTY TO ITS FULLEST EXTENT. AND THE ONES WITH THE GREEN CHECK MARK WILL SAY THAT LIKE NUMBER THREE, THE GRANTING OF THE VARIANCE ON THE SPECIFIC PROPERTY WILL NOT ADVERSELY AFFECT THE LAND USE PATTERN AS OUTLINED IN THE LAND USE PLAN, AND WILL NOT ADVERSELY AFFECT ANY OTHER FEATURE OF THE COMPREHENSIVE PLAN. THAT AREA IS ENVISIONED TO STILL BE RESIDENTIAL, AND SO THAT IS WHERE STAFF CAN AGREE THAT THE VARIANCE WOULD NOT CHANGE THAT. SIMILARLY, THERE WOULD BE NO MATERIAL DETRIMENT TO THE PUBLIC WELL, PUBLIC WELFARE OR INJURY TO THE USE, ENJOYMENT OR VALUE OR PROPERTY IN THE VICINITY. WE ALSO AGREE WITH THAT, THAT IT WOULD NOT DO IT WOULD NOT HAVE A DETRIMENT ON HIS NEIGHBORS. HOWEVER, AS MENTIONED IN THE STAFF REPORT, STAFF DID NOTE THAT BECAUSE OF THE THE DISTANCE THAT THE STRUCTURES ARE SET BACK FROM HIS PROPERTY LINE, IT IS SIGNIFICANTLY DEEPER THAN WHAT WE REQUIRE IN THAT ZONING DISTRICT, WHICH IS ONLY A MINIMUM OF 25FT. SO THAT WAS ONE OF THE REASONS THAT WE FELT THAT A HE CAN STILL ENJOY HIS PROPERTY TO THE FULLEST EXTENT, AND THEN B THAT IT IS NOT AN ADDITIONAL HARDSHIP IMPOSED ON HIM. SO STAFF DOES RECOMMEND DENIAL OF THE VARIANCE REQUEST FROM THE FENCE HEIGHT INCREASE FROM 4FT TO 8FT. SORRY. AND. THAT'S IT FOR ME. DO YOU HAVE ANY QUESTIONS FOR ME? YEAH. ASK. FIRST OF ALL, THE BOARD. I MEAN. CAN YOU TURN YOUR MIC ON AND GET A LITTLE CLOSE TO YOU? OKAY. WELL, THE WROUGHT IRON FENCE AND BRICK PEOPLE WOULD BE ABLE TO SEE THROUGH IT. SO IF NEIGHBORS WERE TRYING TO DRIVE OUT OF THEIR DRIVEWAY ONTO THE ROAD, IT WOULDN'T IMPEDE THEM FROM DOING THAT. I ASSUME I CAN ANSWER SOME OF THESE QUESTIONS. OKAY, OKAY. YES, SIR. SO HE'LL BE ABLE TO ANSWER MORE ABOUT [00:10:03] THE MATERIAL AND ADDRESS THE QUESTION YOU JUST ASKED. YES, MA'AM. CAN YOU TURN YOUR MIC ON? HIT THE ON. YEAH, YEAH. WHEN STAFF WENT TO DO THE EVALUATION ON THE PROPERTY, DID IT NOTICE ANY ESTHETIC ESTHETICS THAT WOULD BE CONTRARY TO THE ESTHETICS OF THE NEIGHBORHOOD REGARDING THE STRUCTURES OR REGARDING THE FENCE. SO THE FENCE HASN'T BEEN BUILT YET. HE WAS ABOUT TO BUILD OR GO GET HIS FENCE PERMIT AND THEY FLAGGED IT BECAUSE OF THE HEIGHT. AND SO THAT'S WHEN THE VARIANCE PROCESS STARTED. AND SO THERE'S A VARIETY OF FENCE TYPES AND MATERIALS IN HIS ON THAT STREET. WE DID ASK THE BUILDING INSPECTOR TO KIND OF GET AN IDEA OF WHAT THE THOSE FENCE HEIGHTS WERE. SO FOR THE MOST PART THEY ARE AROUND FOUR FEET, FOUR AND A HALF. THERE IS A PROPERTY THAT THE CHURCH IS ON, SO IT SITS FURTHER BACK. THAT ONE IS ABOUT 7.5FT. AND SO ESTHETIC WISE, WE CAN'T SAY YET BECAUSE IT HASN'T BEEN BUILT, BUT IT'S PRETTY CONSISTENT OVER THERE AS FAR AS THEY'RE NOT ALL THE SAME, BUT THEY THEY'RE COHESIVE OKAY. SO THEY BUT THEY DON'T GO OVER THE EIGHT FEET. NO, MA'AM. JUST JUST A COUPLE QUESTIONS. YES, SIR. A COMMENT THAT WAS MADE THAT THERE WAS CONCERNS ABOUT CRIME, AS WELL AS CONCERNS ABOUT CODE ENFORCEMENT AS FAR AS TRASH AND DIFFERENT THINGS LIKE THAT. YOU MADE A REFERENCE TO TRASH, OR HAS THERE BEEN POLICE CALLS ABOUT CRIME THERE? THE APPLICANT STATED IN HIS HARDSHIP LETTER, AND ALSO DURING OUR MEETING WITH HIM THAT THERE WAS A SIGNIFICANT AMOUNT OF CRIME, SOME HOMELESS ENCAMPMENTS, WHEN HE BROUGHT THE BOUGHT THE PROPERTY AND AS HE WAS BEGINNING TO PREPARE FOR CONSTRUCTION. AND SO HE HAS MADE CALLS AND HE HAS MENTIONED AND HE CAN PROBABLY SPEAK TO THAT BETTER OF INSTANCES OF CRIME. I'M NOT EXACTLY SURE WHAT TYPES, BUT THAT WAS PART OF HIS HARDSHIP. LETTER OF SAFETY CONCERNS IN REVIEWING THIS EARLIER. THERE THERE'S A THE BRISTOL REPORT WHEN WE READ SAID THAT THERE WAS ONE PERSON IN OPPOSITION TODAY IN YOUR REPORT, YOU'RE SAYING THAT IT'S ONE PERSON IN FAVOR. YES, SIR. SO WE GOT THAT THE IN FAVOR. HE SENT ME AN EMAIL TODAY AFTER I DID THE SLIDESHOW. SO HE WAS IN FAVOR OF IT. THE ONE IN OPPOSITION SENT IN HIS LETTER. SO IT'S IT'S ONE ON ONE. SO ONE IN FAVOR AND ONE IN OPPOSITION OKAY. SO THERE IS. OKAY. GOT IT. YES, SIR. WHAT IS THAT. YEAH. WHAT WAS THAT. THE OPPOSITION. WHAT WAS THEIR OBJECTION. THEY IN THEIR LETTER THEY SAID THAT THEY COULD NOT. HIS CLAIMS WERE UNSUBSTANTIATED ABOUT THE CRIME. THE STRAY DOGS AND ILLEGAL DUMPING AND THAT THE FENCE WOULD LOOK OUT OF PLACE WITH THE REST OF THE HOUSES ON THE STREET. THERE'S ANOTHER POINT, I THINK THAT WAS THAT I READ IN HERE EARLIER ABOUT THE CONCERN THAT IF WE GRANT THIS, IT KIND OF FALLS IN LINE WITH WHAT THE OBJECTION WAS THAT. THERE WAS A STATEMENT IN THE LETTER THAT THAT THAT THE APPLICANT WROTE, WHICH I'LL GET A CHANCE TO TALK TO HIM IN A SECOND. THAT MADE A COMMENT THAT SAYS, HEY, THIS IS THERE'S PRECEDENT ALREADY, BUT THAT'S NOT WHAT I'M HEARING FROM FROM YOU GUYS. OR UNLESS I MISS SOMETHING THERE, WHICH WOULD BE IMPORTANT FOR US TO KNOW. NO, YOU'RE YOU'RE CORRECT. SO THERE IS AND I CAN'T SPEAK FOR HIM, SO I WILL LET HIM SPEAK TO THAT. BUT THE, THE THE LOT THAT IS RIGHT NEXT TO HIM, I'LL GO BACK REAL QUICK. NOT. NOT THIS ONE, BUT THIS ONE RIGHT HERE. OKAY. THERE. IT'S REGISTERED. OR THE OWNER IS A CHURCH IN DALLAS COUNTY APPRAISAL DISTRICT OR DCAD. AND SO THEY DO HAVE A FENCE THAT IS ABOUT SEVEN FEET. EVEN TALKING WITH OUR BUILDING INSPECTOR, HE ALSO SAID HE DOESN'T KNOW HOW IT GOT APPROVED. SO THAT MIGHT BE THE PRECEDENT THAT HE'S SPEAKING OF. BUT THAT'S THE ONLY, I GUESS, ANOMALY OVER THERE. YEAH. SO HE HAS A HE HAS A GOOD FAITH REASON TO BELIEVE THAT THERE'S PRECEDENT THAT'S BEEN SET. YES, SIR. I'LL LET HIM SPEAK TO THAT. OKAY. HE'LL SPEAK FOR THAT. YES, SIR. YEAH. YEAH OKAY. ABSOLUTELY. ANY OTHER QUESTIONS FOR ME? OKAY. ALL RIGHT. SO DOES THE APPLICANT WISH TO ADDRESS THE BOARD? PLUG IN HERE TO THE MONITORS OR GOTTA PRINT OUT FOR Y'ALL. WE DON'T HAVE A HDMI CABLE I CAN PLUG IN. OKAY. YEAH, I'LL SPEAK TO THESE, I THINK, ACTUALLY, LET ME GRAB ONE MORE. AND I'VE GOT A LARGER ONE. SO. YEAH I THINK YEAH. BECAUSE. [00:15:33] THANK YOU. AND FIRST I'D LIKE TO APPRECIATE YOU GUYS SHOWING UP SO WE CAN HAVE THIS. I'VE BEEN YOU KNOW WE CANCELED THE ONE LAST MONTH. SO I'M KIND OF A MONTH IN WAITING. CERTAINLY I UNDERSTAND WE HAVE SOME NEW STAFF HERE. DESIREE IS A LITTLE BIT NEW TO THE CITY. SO SOME OF THE INACCURACIES THAT SHE JUST DESCRIBED ARE, YOU KNOW, FORGIVEN BECAUSE I'M SURE SHE HASN'T HAD A CHANCE TO KIND OF CATCH UP WITH EVERYTHING. NUMBER ONE, THE ILLEGAL TREE CUTTING. IF YOU TALK TO TYLER G, WHO IS IN CHARGE OF THE TREE PERMITS, THEY MADE A MISTAKE. OH NO MISTAKE. YEAH. AND AND I, I SHOULD HAVE SAID THIS BEFORE. FOR THE RECORD, CAN YOU STATE YOUR NAME AND YOUR YOUR ADDRESS? AND THAT'S MY ERROR. NO. THAT'S MY. YEAH. JEFF. CASA 700 CAVEN ROAD, 704 CAVAN ROAD IS PART OF THAT AS WELL. YEAH. HERE OBVIOUSLY SPEAK ABOUT THE FENCE VARIANCE. SO THE FIRST THING BEFORE WE GET INTO THE SLIDES THAT I'VE GOT FOR YOU. THERE WAS SO MUCH BRUSH THERE THAT THEY KIND OF ASSUMED I WAS DOING SOME ILLEGAL TREE CUTTING AND NEEDED PERMITS. THEY CAME OUT ALL THESE TREES WERE ACTUALLY LIKE TWO INCH, THREE INCH WIDE BRUSH. THEY'RE SO GROWN FOR 40, 50 YEARS THAT THEY THOUGHT I WAS CLEAR CUTTING TREES. I HAD NOT CUT ANY OAK OR CEDAR TREES ON THAT LOT, SO THEY CAME BACK AND APOLOGIZED TO ME BEFORE I HAD CUT ANY CEDAR TREES, ANY OAK TREES. I GOT MY PERMITS AND IT MUST BE SOMETHING THAT SOMEHOW THEY DUG UP IN THE RECORD. BUT THAT DEFINITELY SHOULD NOT BE ON THE RECORD. AND WE CAN GET THAT CLEARED UP WITH TYLER OR ANYONE ELSE WHO IS HERE AT THAT TIME, WHICH UNFORTUNATELY, A LOT OF PEOPLE ARE NOT HERE ANY LONGER. BUT I DID NOT CUT ANY TREES THAT WERE ILLEGAL TO CUT EVER ON THAT PROPERTY. AND I'VE ALSO AGREED TO REPLANT MORE THAN THE AMOUNT OF TREES THAT I CUT DOWN. I JUST NEEDED TO MAKE SOME ROOM FOR THE STRUCTURE. SO THAT WAS THE FIRST INACCURACY. THE SECOND INACCURACY IS THAT THERE IS NOT PRECEDENT, WHICH AS WE GO THROUGH THESE SLIDES, YOU'LL FIND THAT THERE REALLY IS NO RHYME OR REASON ON THIS STREET TO THE FENCING. SOME PEOPLE HAVE LONG HORSE POLE TYPE FENCING, SOME HAVE CHAIN LINK FENCING. IF YOU WANT TO GO OUT WITH A TAPE MEASURE, THAT IS AN EIGHT FOOT FENCE THAT IS 150FT OF EIGHT FOOT BRICK AND IRON ROD FENCE THAT COMES UP TO MY PROPERTY, I AM NOT ACTUALLY ASKING TO MAKE A BRAND NEW FENCE. I'M ASKING TO CONTINUE THE EXISTING FENCE FROM MY NEIGHBOR ALONGSIDE ALL THE WAY DOWN, BECAUSE I DO WANT TO HAVE COHESION WITH THE NEIGHBORHOOD. THE OTHER INACCURACY WAS THE 140FT FROM THE ROAD. IF YOU GO TO CAVEN ROAD, YOU WILL SEE THE CHURCH, WHICH IS EVEN FURTHER THAN 140FT FROM THE ROAD. YOU'LL SEE MULTIPLE OTHER HOUSES THAT ARE AT AROUND THAT DEPTH OFF THE ROAD, AND THEN YOU'LL SEE SOME OTHER HOUSES CLOSE. SO THERE THAT STREET IS NOT REALLY A WELL ORGANIZED STREET IN COHESION, WHICH YOU'D HAVE TO SPEND SOME MORE TIME, I GUESS, OUT THERE LOOKING TO UNDERSTAND THAT. BUT MY HOUSE IS NOT IN AN ABNORMAL DEPTH AT ALL. I KIND OF TRIED TO GO A LITTLE BIT IN THE MIDDLE OF ALL THE REST OF THE OTHER HOUSES ON THAT STREET TO MAINTAIN COHESION, SO. JUST ABOUT THREE SATURDAYS AGO, I WAS AT THE PROPERTY WITH MY BETTER HALF AND FAMILY AND HAD TO CALL THE POLICE AND 911 AND PULL MY GUN ON SOMEBODY WHO CAME RUNNING FROM MY OWN BACKYARD TOWARDS US, SAYING THAT HE HAS TEN GUYS WITH GUNS CHASING HIM, FULL HOODIE, HANDS IN HIS POCKETS, COULDN'T SEE HIS HANDS WAS A VERY NERVE RACKING SITUATION. LUCKILY HE STOPPED, TOOK A COUPLE HOURS OF POLICE SERVICE TIME. IT'S ALL ON BODY CAM FOOTAGE. HE ALSO MADE COMMENTS THAT DALLAS PD IS TELLING HIM IF HE DOESN'T WANT TO GET ARRESTED, HE BETTER CROSS COCKRELL HILL INTO DUNCANVILLE. THEY TELL THAT TO FOLKS THERE ALL THE TIME. I'VE HEARD FROM MORE THAN ONE SOURCE, SO THAT TRAFFIC DOES COME TO MY PROPERTY AND IT'S VERY WELL DOCUMENTED. THE OTHER THING I DON'T KNOW WHO IS IN DENIAL. I HAD AN EFFORT TO SPEAK TO EVERY [00:20:03] NEIGHBOR I COULD ON CAVEN ROAD. THERE'S NOT ONE NEIGHBOR ON CAVEN ROAD. A COUPLE OF THEM ARE HERE TODAY THAT ARE IN OPPOSITION. I REALLY COULDN'T TELL YOU WHO THAT ONE OPPOSITION WAS, BUT WE HAVE 1015 PLUS PEOPLE ON CAVEN ROAD WHO ALL ARE IN FAVOR OF THIS FENCE. NOBODY IS IN OPPOSITION WHO LIVES IN THE DIRECT VICINITY. THERE WAS SOME MORE PEOPLE WHO ARE GOING TO COME SPEAK TODAY ON MY BEHALF, BUT COULDN'T MAKE IT. AND I ALSO TALKED TO. THE CITY COUNCIL MEMBER, KYLE PENDER. PENNEBAKER. HE'S IN FAVOR OF THIS. AND AGAIN, HAVING BEEN IN THE CITY FOR VERY LONG. BUT IF SHE WANTS TO KNOW WHO APPROVED THAT EIGHT FOOT FENCE ON MY NEIGHBOR'S BECAUSE SHE SAID SHE COULDN'T FIGURE IT OUT, THAT WAS ACTUALLY MAYOR CONTRERAS WHEN HE WAS THE BUILDING CHIEF. SO HE'S GOT A PRETTY GOOD IDEA OF THIS AREA, AND HE UNDERSTANDS WHAT SHOULD AND SHOULDN'T BE APPROVED. SO THAT ANSWERS A FEW OF THE QUESTIONS THAT MAYBE WERE CONFUSION OR COULDN'T FIGURE OUT UP TO THIS POINT. IF WE GO AHEAD THROUGH THE SLIDES, I WON'T GO THROUGH THE MAPS BECAUSE WE'VE ALREADY GONE THROUGH THAT, THROUGH THE HARDSHIPS, WE'VE DISCUSSED THOSE. THERE'S THREE TYPES OF TRESPASSING REALLY GOING ON HERE THE DANGEROUS KIND, WHICH IS, YOU KNOW, SCARY IN THE MIDDLE OF THE NIGHT, DARK PEOPLE COMING THROUGH DON'T KNOW WHAT'S GOING ON. DESTRUCTIVE TRESPASSING, WHICH IS, YOU KNOW, WE CAN'T LEAVE ANY TOOLS, ANY MATERIALS OUT THERE. THEY'RE GETTING STOLEN. THEY'RE GETTING TAKEN. IT'S NOT, YOU KNOW, MILLIONS OF DOLLARS OF STUFF, BUT YOU CAN'T LEAVE A DRILL. YOU CAN'T LEAVE ANY TWO BY FOURS. IT GETS TAKEN LIKE THAT AGAIN. THE PUBLIC NUISANCE. I DON'T KNOW WHAT TYPE OF INVESTIGATION WAS DONE, BUT THEY CERTAINLY DIDN'T TALK TO ANY NEIGHBORS. IF THEY HAD TALKED TO ANY NEIGHBOR ON THE ROAD. WE'VE GOT ONE NEIGHBOR WHO, BLESS HIS HEART, PICKS UP ALMOST EVERY SINGLE DAY. TRASH ALL UP AND DOWN CAVEN BECAUSE THERE IS SO MUCH LITTERING. YOU SEE EVERYTHING FROM NEEDLES, WHICH I DON'T THINK THOSE ARE VITAMIN B SHOTS, IF YOU KNOW WHAT I'M SAYING. YOU SEE GLASS PIPES WITH RESIDUE ON THEM. YOU SEE 40S, YOU SEE GLASS BOTTLES. MOST OF THESE, A LOT OF THEM ARE THROWN AT THE FRONT OF MY PROPERTY THAT I HAVE TO CLEAN UP OR HAVE MY WORK CREW CLEAN UP. DEFINITELY NOT SOMETHING THAT, IF YOU KNOW MY SEVEN YEAR OLD MOTHER LIVES ON THE PROPERTY, IS THERE. I DON'T WANT HER HEARING GLASS SHATTERING IN FRONT OF HER, YOU KNOW, DOORSTEP. EVEN THOUGH WE ARE OFF THE ROAD, IT'S STILL SOMETHING I'D LIKE TO BE FENCED AGAINST. A FOUR FOOT FENCE IS VERY EASY JUST TO JUMP OVER FOR ANYBODY. THAT'S NOT REALLY A BARRIER FOR ANYBODY WHO WANTS TO GET TO THE PROPERTY. SO. THE REST OF THE HARDSHIP IS REALLY JUST SOME VANDALISM AND THEFT. I HAD NO TRESPASSING SIGNS UP THERE. I HAD FOUR OF THEM UP THERE. THEY LASTED ABOUT THREE MONTHS BEFORE THEY TRESPASSERS DESTROYED THEM. SO I DON'T THINK THAT, YOU KNOW, THESE SIGNS GOT TAKEN UP AND BENT AND BEATEN BY THE WIND. THEY'RE STILL SIGNS WITH STEEL PLATES. MY NEIGHBOR MICHAEL HAS ALSO CAUGHT SOMEBODY OUT BY ONE OF THE CONTAINERS. I'VE ALSO HAD JUST SOME SAFETY THINGS THAT, YOU KNOW, LITTLE KIDS AND WHATNOT RIGHT UP AND DOWN THAT ROAD, TAKE THEIR BIKES ALL THE WAY UP AND DOWN MY PROPERTY, ALL THAT TYPE OF STUFF. I WOULD JUST WANT TO HAVE A BARRIER THAT IS SAFE FOR MYSELF, MY FAMILY AND MY NEIGHBORHOOD. SO. MY NEXT DOOR NEIGHBOR HAS ALSO HAD A HOME BREAK IN WHERE HIS WIFE'S WEDDING RING WAS STOLEN. A LOT OF FAMILY HEIRLOOMS RAIDED THE HOUSE. THEY'RE NOT SUPER EXCITED TO GO OUTSIDE IN THE DARK. AND IF WE GO TO THE MAP, I DON'T KNOW IF YOU HAVE THE THE ONE UP OR ACTUALLY THE PICTURE OF THE BROWN HOUSE. I DON'T WANT TO MAKE ANY ACCUSATIONS, BUT THERE DOES SEEM TO BE A LOT OF TRAFFIC COMING FROM THAT HOUSE. I BELIEVE THERE WAS A DRUG BUST THERE LAST YEAR, AND SOME OTHER NEIGHBORS TOLD ME THAT THERE'S QUITE A BIT OF DRUG TRAFFIC GOING THROUGH THERE, AND I DO GET A LOT OF PEOPLE FROM THAT VICINITY. IF YOU LOOK AT THE COLORFUL MAP THAT I HAD, I'M NOT A GREAT ARTIST, BUT. THE ONE THAT THAT HAS THE THREE YELLOW SQUARES WITH C'S ON IT. DO YOU GUYS SEE THAT BY CHANCE? YES, SIR. SO THAT BROWN HOUSE IS WHERE THAT NUMBER ONE IS. AND DIRECTLY BEHIND THAT BROWN HOUSE JUST SO HAPPENS TO BE A DRY CREEK THAT IS FULLY WOODED AND A GREAT PLACE TO RUN FROM POLICE. SO WHAT WE HAVE IS A LOT OF PEOPLE RUNNING UP THAT CREEK. AND AS YOU SEE, THAT [00:25:01] CREEK CROSSES RIGHT THROUGH THE BACK OF THAT M, WHICH IS MICHAEL, MY NEIGHBOR, AND THE THREE PROPERTIES THAT ARE C, THOSE ARE CHURCHES. AND THEN AS THAT BROWN LINE GOES THROUGH, THAT DRY CREEK GOES TOWARDS ELIZABETH'S HOUSE, WHO'S HERE TODAY IN THE AUDIENCE AND 15 OTHER HOUSES. SO WE'RE NOT THE ONLY ONES THAT GET THIS TRAFFIC COMING ACROSS COCKRELL HILL. THIS TRAFFIC IS FREQUENT. IT'S NOT FRIENDLY TRAFFIC. IT'S NOT ANY TYPE OF TRAFFIC YOU WANT ON YOUR NEIGHBORHOOD. I HAVE NOT CALLED THE POLICE EVERY TIME, BECAUSE I DON'T WANT TO WASTE RESOURCES FROM THE CITY. MOST OF THE TIME I SEE PEOPLE. IT'S NOT SOMEONE IN A HOODIE THAT LOOKS LIKE THEY MIGHT BE ARMED AND YELLING THAT THEY'VE GOT TEN PEOPLE WITH GUNS CHASING THEM. IT'S JUST PEOPLE I JUST POLITELY ASKED TO, YOU KNOW, MOVE ON. BUT WE DO HAVE PLENTY OF CAMPING. IT'S A 8.8 ACRE PROPERTY. THAT BROWN LINE KIND OF SEPARATES THE FRONT FROM THE BACK, AND IT'S IN THE BACK WHERE WE GET A LOT OF CAMPING AND A LOT OF THE TRAFFIC, PEDESTRIAN TRAFFIC THAT WE'D LIKE TO KEEP OFF THE PROPERTY. SO YOU ASK, WHY DO YOU NEED A FENCE IN THE FRONT? WELL, IF YOU SEE WHERE THIS BROWN LINE IS, THAT NUMBER ONE SPOT, AND THEN ALSO JUST THAT ENTIRE COCKRELL HILL ROAD, THAT'S THE BORDER OF DALLAS AND DUNCANVILLE. WE GET THE PEDESTRIANS CROSSING. NOW, IF I DON'T HAVE A IF I HAVE A FOUR FOOT FENCE IN FRONT, IT'S PRETTY EASY JUST TO WALK ON THE ROAD AND HOP IN THAT WAY. RIGHT? IF YOU MOVE TO THE FENCE IS ALREADY ESTABLISHED. PICTURE. THAT'S THE CURRENT FENCE AND MY FENCE. I REQUESTED AN EIGHT FOOT FENCE BECAUSE PART OF THOSE BRICK POSTS CAN REACH UP TO EIGHT FEET. THE IRON ROD FENCE WOULD MATCH THIS IRON ROD FENCE EXACTLY, AND IT'S ABOUT SEVEN FEET BECAUSE IT'S LOWER THAN THE POSTS. BUT JUST TO MIND MY P'S AND Q'S AND BE CORRECT WITH EVERYTHING, I WANTED TO MAKE SURE I REQUESTED EIGHT FEET. IT'S NOT VISUALLY BLOCKING ANY OF THE PROPERTY, IT MATCHES THE PROPERTY. EXACTLY. THIS IS THE LARGEST FENCE ON THE ENTIRE ROAD. IF YOU LOOK AT THIS ROAD, YOU KNOW THIS IS MY DREAM PROPERTY, BUT IT'S NOT HIGHLAND PARK. THE COVENANTS HERE AND THE WAY THE NEIGHBORHOOD MATCHES, WE'RE NOT DESTROYING ANY PROPERTY VALUES. WE'RE NOT PUTTING UP AN EIGHT FOOT SOLID FENCE THAT'S BLOCKING VIEWS. THIS IS SOMETHING THAT'S EXTREMELY REASONABLE. IT WILL RAISE PROPERTY VALUES IN THE AREA. AS A MATTER OF FACT, I WISH I HAD TAKEN PICTURES OF THE FENCE ACROSS THE STREET. IT'S A RUSTY WHITE AND BROWN RUSTED RAIL FENCE THAT STRETCHES. IT'S ABOUT. IT ACTUALLY DOES BREAK THE VARIANCE. I MEASURED IT, IT'S A LITTLE OVER FOUR FEET. THERE'S A FENCE NEXT TO THIS BEAUTIFUL FENCE. IF YOU GO TO THE NEIGHBOR NEXT, THEY'VE GOT A VERY CHEAP FOUR FOOT HIGH CHAIN LINK FENCE. SO IT'S NOT LIKE I'M ASKING TO PUT SOMETHING IN THAT'S JUST GOING TO COMPLETELY DISTURB THE ENTIRE NEIGHBORHOOD AND MAKE IT LOOK LESSER THAN IT ALREADY IS. IT'S VERY, VERY MUCH WITHIN THE NEIGHBORHOOD. AND IF I CAN MATCH THIS EXISTING FENCE, IT WILL REALLY BEAUTIFY THE ROAD AS WELL AS SECURE THE ROAD, BECAUSE IT WILL GO FROM HERE. AND IF YOU SEE THE PICTURE WITH THE ORANGE LINE, THAT'S THE DIRECTION THAT I WANT TO TAKE THE FENCE IN A LINEAR FASHION DOWN THE FRONT ROAD IT WILL HAVE TWO GATES, 20 FOOT GATES WHERE MY DRIVEWAY IS, BUT THIS IS THE MAIN, MAIN ARGUMENT. AND THEN THERE IS ONE MORE PART TO THIS VARIANCE THAT I'M REQUESTING, BECAUSE MY HOUSE IS 140FT BACK, I'M ONLY ALLOWED A FOUR FOOT FENCE UP TO MY HOUSE AS WELL ON THE SIDES. NOW THERE'S ALREADY AN EIGHT FOOT GALVANIZED CHAIN LINK FENCE THAT HAS BEEN CLIMBED OVER BUSTED DOWN. I'M SURE IT MUST HAVE BEEN THERE FOR AT LEAST 20 YEARS. I'M MERELY ASKING TO REPLACE IT WITH A BRAND NEW CHAIN LINK FENCE THAT'S NOT GALVANIZED. THAT'S ACTUALLY AN UPGRADED BLACK COATED QUALITY FENCE THAT WILL BLEND IN. SO. AGAIN, I DON'T KNOW WHO THE NEIGHBOR WAS IN OPPOSITION. EVERYONE I'VE TALKED TO WHO HAS SEEN MY PROPERTY OR UNDERSTANDS MY PROPERTY, REALIZES THAT I'M REALLY NOT DOING ANYTHING WILDLY, CRAZILY DIFFERENT. I'M MATCHING THE EXISTING FENCE. I'M JUST CONTINUING IT A LITTLE FURTHER, AND THEN I'M UPGRADING FENCES THAT ARE ALREADY THERE. THEY'RE JUST WORN OUT AND 20 YEARS OLD. GALVANIZED MESH FENCES. SO I DON'T UNDERSTAND THE ARGUMENT OF WHY YOU WOULD WANT TO LEAVE A 20 YEAR OLD GALVANIZED EIGHT FOOT FENCE INSTEAD OF PUTTING IN A BRAND NEW NICE FENCE. DO YOU HAVE ANY [00:30:05] QUESTIONS AT THIS POINT BEFORE I FINISH MY. OKAY, SO I MEAN, THE FINAL POINT IS WHEN I TOOK THIS PROPERTY OVER, THERE WAS 64 HOUSES PLANNED TO GO IN THIS THIS AREA. THE NEIGHBORS REALLY DIDN'T WANT THIS TO GET CLEAR-CUT. THEY FOUGHT LIKE CRAZY TO KEEP THAT DEVELOPMENT OUT OF THIS NEIGHBORHOOD. THEY DIDN'T WANT MASS HOUSING IN THIS NEIGHBORHOOD. I DIDN'T WANT TO REPLAT THIS TO ONE LOT. I DID THIS AS A FAVOR TO THE NEIGHBORHOOD AND AT REQUEST OF THE CITY COUNCIL AND EVERYBODY ELSE THAT WAS UNDER THE KNOW OF THIS PROPERTY AT THE TIME, THEY DIDN'T WANT A LOT OF EXTRA DEVELOPMENT HERE. I HAVEN'T CUT DOWN A SINGLE TREE. THAT IS A TREE THAT WASN'T EITHER IN MY PROPERTY OR ANYTHING THAT, YOU KNOW, I WANTED TO KEEP THE NEIGHBORHOOD AS NICE AS IT COULD BE. AND PART OF THIS AGREEMENT AT THE START, TWO YEARS AGO WAS THEY SAID, IF YOU CAN DO THIS FOR OUR NEIGHBORHOOD, WE'LL DEFINITELY ALLOW YOU TO MAKE SURE YOU HAVE A SAFE, SECURE FRONT EIGHT FOOT FENCE. ON THE PLANS I SUBMITTED. I ACTUALLY SUBMITTED BEFORE I GOT THIS HOUSE PERMITTED AN EIGHT FOOT FENCE AND THOSE EXACT PLANS THAT DESIREE SHARED WITH YOU TODAY AND CARSON AT THE TIME WAS THERE NATHAN WARREN AND SOME OTHERS. THEY SAID, I'M SURE WE CAN GET THIS THROUGH IF WE CAN WORK OUT THIS PROPERTY SO IT DOESN'T GET DEVELOPED. I STILL HAVE BY RIGHT, THE ABILITY TO BUILD 42 HOUSES IN THERE. I DON'T WANT TO DO THAT. I WANT TO LIVE THERE. BUT IF I'M GOING TO LIVE THERE, I WANT TO LIVE THERE SAFELY. AND I WANT MY FAMILY TO BE SAFE. SO I'M REQUESTING THAT WE HAVE A FENCE THAT WILL DO THAT, BECAUSE A FOUR FOOT FENCE SIMPLY IS NOT GOING TO BE ABLE TO ACCOMPLISH THAT. IT WILL ALSO SAVE MY NEIGHBORS THE TRAFFIC, BECAUSE YOU CAN SEE THE DEPTH OF MY LOT. IF I PUT A FENCE ON THAT WHOLE SIDE, IT BLOCKS THEM FROM GETTING TO THE CHURCH AND THE 15 TO 20 NEIGHBORS ON THE ADJACENT PROPERTY NEXT TO IT. IT WILL BLOCK THE ENTIRE TRAFFIC AND DISCOURAGE IT. THIS IS A ONE PART PLAN OF MY COMMITMENT TO MY NEIGHBORS TO HELP IMPROVE THIS STREET. THERE'S ALSO NO STREET LIGHTS ON THIS STREET FOR ABOUT 700FT. IT'S PURE DARK AND THERE'S ALSO NO SPEED HUMPS. IT'S A VERY STRAIGHT, FLAT ROAD. SO THAT'S WHERE A LOT OF THE LITTERING COMES IS ON FRIDAY AND SATURDAY NIGHT. WE GET KIDS COMING OUT AND STREET RACING. WE GET A LOT OF THINGS THAT, YOU KNOW, ATTRACT ILLEGAL ACTIVITY. WHEN YOU HAVE A LONG, DARK STREET WITH NO LIGHTS. SO I'M ALSO CURRENTLY WORKING TO GET A COUPLE SPEED HUMPS AND TWO MORE STREET LIGHTS FOR ENCORE TO COME IN, WHICH HAS SUPPORT FROM THE MAYOR AND EVERYBODY ELSE INVOLVED AT THE CITY, AND WE'LL GET DONE SHORTLY. BUT THIS IS THE THIRD PART THAT IS IMPORTANT TO THAT PLAN TO MAKE THIS NEIGHBORHOOD SAFER. BOARD. HAVE ANY QUESTIONS FOR THE APPLICANT? NO. THANK YOU. I THINK YOUR FENCE LOOKS NICE. I THINK YOUR FENCE LOOKS VERY NICE. THANK YOU. OH, THAT'S THE NEIGHBOR'S FENCE. BUT IT'S THE SAME. I WANT TO CONTINUE THE SAME FENCE. THAT WAS THE. OKAY. SO IT'S ALREADY THERE. I JUST WANT TO CONTINUE ON MY PROPERTY. WHAT HE HAS ON HIS PROPERTY. OKAY. YOU MADE A COMMENT SAYING THAT THE FENCE OF THE NEIGHBORS, YOU MEASURED THAT FENCE, IS THAT CORRECT? RIGHT. AND WHAT WAS THAT? THE MEASUREMENT. THAT YOU. IT'S NOT ALL EXACT, BUT THERE ARE THOSE THOSE PILLARS ARE PRETTY MUCH EIGHT FEET IF YOU MEASURE THEM TOP TO BOTTOM. SO I DON'T WANT MY FENCE TO LOOK LIKE THIS. RIGHT. I WANT IT TO BE IN LINE WITH HIS. SO WHATEVER THOSE MEASURE OUT TO, WE'RE GOING TO DRAW A STRING LINE AND BUILD OURS THE SAME HEIGHT ESSENTIALLY. SO I IT IS A BIT UNDER EIGHT FEET. BUT IF YOU WANT TO APPROVE A SEVEN FOOT FENCE THEN WE COULD DO THAT. I WAS KIND OF ROUNDING UP TO THE NEAREST FOOT, BUT I'M NOT I'M NOT GOING TO BUILD SOMETHING THAT IS OUT OF ORDER WITH WHAT HE HAS. I JUST WANT TO CONTINUE THAT SAME HEIGHT, THAT SAME LOOK, THE SAME PILLARS, THE SAME IRON ROD AND AND THEN FOR CLARITY, I THINK THIS GOES BACK TO THE, THE ISSUE OF THE PRECEDENT. RIGHT. WAS THE, THE FENCE YOU'RE TALKING ABOUT. WE'RE SAYING A NEIGHBOR, IS THAT A RESIDENTIAL OR WAS THAT A A COMMERCIAL THAT LIVE THERE? THEY'RE A CHURCH, OKAY. BECAUSE THEY HAVEN'T REPAIRED THE BRIDGE UP TO CITY STANDARDS. THEY'VE LOST THEIR VACANCY PERMIT THERE RIGHT NOW. OKAY. [00:35:01] SO IT'S NOT REALLY OPERATING AS AS ANYTHING BUT A RESIDENTIAL PROPERTY AT THE MOMENT. OKAY. ALL RIGHT. AND FOR QUITE SOME TIME. GOT IT. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT. I DON'T REALLY HAVE A QUESTION, BUT I KIND OF HAVE A STATEMENT. I THINK IF YOU HAD HAVE DONE AS MUCH RESEARCH ON YOUR LITTLE PRESENTATION HERE IS IF YOU WOULD HAVE DONE THAT MUCH RESEARCH ON THE NEIGHBORHOOD, YOU'D HAVE PROBABLY BOUGHT SOMEWHERE ELSE. NO, SIR. OKAY. THAT WAS PART OF THE CONVERSATION WITH THE IN THE ORIGINAL. WHEN I WENT TO THE DRC MEETINGS, I LET THEM KNOW I DIDN'T REALLY WANT TO BUILD THERE WITH OUT ANY FENCING IN THE FRONT. AND SO THAT WAS ALL PART OF THE NEGOTIATION. AND YOU FOUND LITERALLY THOUSANDS OF BEER BOTTLES, CANS AND WINE BOTTLES, THOUSANDS, PROBABLY MORE THAN THOUSANDS. MORE THAN THOUSANDS. WOW. OKAY. I WOULD WELCOME YOU TO COME OUT THERE ANY MONDAY. ACTUALLY, I'VE DRIVEN YOUR NEIGHBORHOOD. OKAY. SO HAVE YOU SEEN THE BEER BOTTLES? I DID NOT SEE ANY BEER BOTTLES. AND YOUR HOME LOOKS NICE. IT IS PROBABLY PROBABLY A LITTLE OVERBUILT FOR THE NEIGHBORHOOD, BUT THAT'S YOUR MONEY AND YOUR CHOICE. YOU KNOW, THIS. THIS IS REQUESTING A DENIAL FROM THE BOARD BECAUSE THIS IS A SELF-IMPOSED THING. YOU AGREE GREATLY. I DON'T INVITE THE CRIMINALS. THAT'S FINE PROPERTY AT ALL. THAT'S FINE IF YOU DISAGREE, YOU KNOW, BUT YOU DID NOT HAVE TO BUILD THERE AND BUILD WHAT YOU BUILT AND EXPECT EVERYBODY TO CHANGE THE ZONING ORDINANCES OR MAKE VARIANCES JUST BECAUSE OF WHAT YOU WANTED TO BUILD. ABSOLUTELY NOT. AND THAT'S NOT WHAT I'M REQUESTING NOW. AND AND SO AND I DID SEE YOUR NEIGHBOR'S FENCE AND IT LOOKS VERY GOOD. BUT I DON'T BELIEVE IT'S EIGHT FOOT. TO ME. IT ONLY APPEARED TO BE MAYBE SEVEN FOOT AT BEST. I WILL REQUEST TO BUILD MY FENCE THE SAME HEIGHT AS THEIRS. OKAY, I'M GOOD WITH THAT. AND BUT I JUST WANTED TO KIND OF CLARIFY A FEW THINGS HERE BECAUSE, YOU KNOW. DUNCANVILLE IS REALLY NOT THE SEWER OF THE WORLD. AND, YOU KNOW, I DON'T THINK SO. I WOULDN'T HAVE BUILT A HOUSE THERE IF I THOUGHT THAT. AND THAT'S KIND OF WHAT I READ INTO YOUR PRESENTATION. AND IT'S THAT SPECIFIC PROPERTY, SIR, I BUILT THERE BECAUSE I LIKE DUNCANVILLE. I'M ACTUALLY PLANNING TO BE VERY ACTIVE IN THE CITY HERE. I PLAN TO LIVE HERE FOREVER AND PUT MY ROOTS DOWN HERE. WHEN I MOVED HERE, I ALSO WANTED TO ACCLIMATE TO DUNCANVILLE, NOT BRING WHAT I HAVE TO DUNCANVILLE. AND I WOULD NOT MAKE THIS ARGUMENT AT ALL HAD IT NOT BEEN FOR THE AMOUNT OF NEIGHBORS THAT ALSO ARE IRRITATED WITH THESE SAME ELEMENTS. IF IT WERE JUST MYSELF, I WOULDN'T WASTE YOUR TIME AND I WOULDN'T ASK YOU TO COME CHANGE THE CITY JUST FOR ME. SO I HAVE A LITTLE BIT OF RESENTMENT TOWARDS THAT COMMENT, BECAUSE I WORK VERY HARD TO COME HERE AND BECOME PART OF DUNCANVILLE, NOT CHANGE DUNCANVILLE TO WHAT I WANT AND IN WITH. WHAT YOU'RE SAYING IS WE DON'T WANT TO RUN GOOD PEOPLE OFF. IF, YOU KNOW, IF WE CAN DO THIS AND WE CAN MAKE YOU HAPPY, THEN YOU KNOW, AND WE HOPE THAT YOU DO STAY A LONG TIME AND, YOU KNOW, CONTRIBUTE IN ALL WAYS TO THE CITY. SO I APPRECIATE IT. OKAY. NO MORE QUESTIONS FOR ME. I HAVE ONE, IF I'M NOT MISTAKEN. IS IS THE PROPERTY RIGHT NEXT TO THAT CHURCH ON THE OTHER SIDE? IS THAT CHRIS HARRIS PARK OR IS THAT SOMETHING ELSE? THAT IS THAT'S THE PARK. THERE'S THERE'S NO BOTH OF THOSE. LOTS. ARE THE PARK OKAY, OKAY. WELL, I HAVEN'T BEEN OVER THERE IN A LONG TIME, BUT I COULD SEE IF THERE'S VAGRANTS AROUND THERE. THEY COULD. THEY'VE GOT A BIG AREA THEY COULD RUN AROUND IN FOR SURE. OKAY. THANK YOU. OKAY. DO DO WE HAVE A MOTION TO OPEN? IS NOT THERE REAL QUICK? I JUST WANTED TO MAKE CLARIFICATION THAT FOR THE RECORD, THE VARIANCE WE ARE WE WANT TO KEEP YOU ON TRACK. SO THE VARIANCE IS FOR THE FRONT FENCE. WE DO WANT TO ALSO NOTE THAT MR. CARSON'S CLAIM OF 42 HOMES IS NOT ALLOWED BY ZONING. SO IT BECAUSE IT IS SINGLE FAMILY DWELLING, EVEN IF IT HAD BEEN 40 OR 5, THAT PARTICULAR ZONING DOES ONLY ALLOW ONE HOME PER LOT. AGAIN WE JUST WANT TO FOCUS ON THE FENCE AND THE FRONT AND. JUST AGAIN, [00:40:11] CLARIFICATION OF THE FENCE HEIGHT AT THE THE PROPERTY TO THE WEST. OUR BUILDING INSPECTOR DID MEASURE IT. AND SO IT IS ABOUT 7.5FT FROM THE POST. AND SO THAT WAS SOMETHING THAT HE DID GO OUT AND PHYSICALLY MEASURE, AS WELL AS OTHER HOUSES ON THE STREET. AND THEN FOR THE OTHER THINGS THAT HE MENTIONED, WE ARE NOT DISPUTING HIS CLAIMS. WE ARE JUST SAYING THAT WE HAVE NOT GOTTEN ANYTHING NATURALLY THAT WE WOULDN'T. WE'RE THE PLANNING DEPARTMENT, BUT WE HAVE BEEN IN CONTACT WITH THE CODE ENFORCEMENT OFFICERS AND OF COURSE, EVERYTHING THAT HE MENTIONED. HE MAY NOT GET TO CALL IN. SO WE'RE NOT DISPUTING THEM. WE'RE JUST SAYING WE DO NOT HAVE ANY RECORD OF IT FROM OUR END. JUST WANT TO MAKE THAT CLARIFICATION BEFORE YOU OPEN THE PUBLIC HEARING. MA'AM. DO WE HAVE A MOTION TO OPEN THE PUBLIC HEARING PORTION OF THIS MEETING? I'LL MAKE A MOTION. WE OPEN, WE HAVE A MOTION AND A SECOND SECOND SECRETARY, PLEASE CALL THE ROLL. I. HEAR. YES, HERE, MR. VON. ALL RIGHT. I WILL NOW OPEN THE PUBLIC HEARING. DO WE HAVE ANYONE THAT ACTUALLY SIGNED UP TO SPEAK ON THIS ITEM? NO, SIR. WE DIDN'T HAVE ANYBODY AHEAD OF TIME. OKAY. ALL RIGHT. ANY PUBLIC COMMENTS AT THIS POINT? PLEASE STATE YOUR NAME AND YOUR ADDRESS. FOR THE RECORD, ELIZABETH GABLE, 602 CABIN ROAD, DUNCANVILLE, 75116. AND JUST SO YOU KNOW, WE'LL WE'LL LIMIT THE TWO MINUTES JUST FOR TIME PURPOSES, OKAY? YES. OKAY. I WOULD LIKE TO CONFER WITH WHAT MR. CASA SAID ABOUT THE TRASH, THE TRAFFIC ON THE ROAD, THE THE REASON THAT THE CITY PLANNER DIDN'T SEE TRASH IS BECAUSE WE HAVE VERY PROACTIVE NEIGHBORS. AND ONE NEIGHBOR PICKS UP TWO GARBAGE BAGS OF BOTTLES AND CANS AND STUFF ONCE OR TWICE A WEEK. AT 602. WE DO NOT HAVE A FRONT FENCE. WE HAVE TALL BUSHES IN FRONT, AND SEVERAL TIMES A WEEK WE'RE PICKING UP GLASS AND BEER CANS, GLASS BOTTLES, TRASH, ALL KINDS OF STUFF. THE REASON IT'S NOT A TRASHY NEIGHBORHOOD IS BECAUSE WE'RE OUT THERE CLEANING IT UP. AND I AGREE WITH MR. CASA'S EVALUATION THAT HAVING HIS PROPERTY SAFER WILL KEEP ALL OF US SAFER. I'M ON THE CREEK SIDE WITH MR. CASA'S PROPERTY, AND WE DO HAVE VAGRANTS. WE HAVE PEOPLE ON OUR PROPERTY. TWO WEEKS AGO, WE HAD 1819 YEAR OLD FEMALE SHOW UP ON OUR BACK PORCH BANGING ON THE GLASS FRENCH DOORS, HYSTERICALLY ASKING TO COME IN BECAUSE SHE WAS IN DANGER. AND FORTUNATELY, THERE WAS A BIBLE STUDY GOING ON. THERE WAS A WHOLE BUNCH OF PEOPLE, BUT MY SON SLIPPED INTO THE BACK AND GOT HIS GUN, AND THEN THEY LET HER IN AND THEY CALLED THE POLICE AND AN AMBULANCE CAME IN. THE WHOLE HOORAH WAS GOING ON AND THIS GAL WAS, HI, SHE WAS ON SOMETHING AND WE HAVE HER WHOLE COMMENTS ON OUR SECURITY SYSTEM. WE HAVE A SECURITY SYSTEM INSIDE AND OUT. IT'S IT I AGREE. THANK YOU SO MUCH I APPRECIATE THAT. ANY OTHER PUBLIC COMMENTS? ALL RIGHT. DOES THE BOARD HAVE ANY OTHER FURTHER QUESTIONS FOR THE APPLICANT OR STAFF? ALL [00:45:02] RIGHT. THERE ARE AS THERE ARE NO FURTHER QUESTIONS I'M GOING TO MOTION TO CLOSE THE PUBLIC READING. DO WE HAVE A SECOND SECOND SECOND. ALL RIGHT. WE HAVE A MOTION AND A SECOND SECOND. SECRETARY, CAN YOU PLEASE CALL THE ROLL. HI, MR. CHAIRMAN HERE. HERE. ALL RIGHT. SO I'M GOING TO ASK FOR DISCUSSION OR OR YOU KNOW, BEFORE WE TAKE A MOTION IF THERE'S SOME DISCUSSION. JUST SO AND AS IT'S BEEN STATED, IT'S FOR THE FRONT FENCE. SO THERE WAS A LOT OF THINGS THAT WERE BROUGHT UP. SO JUST WANT TO MAKE SURE WE'RE ALL ON THE SAME PAGE ON THAT. I'LL HAVE NO DISCUSSION. WELL I'M LEANING TOWARDS APPROVING IT MYSELF, MYSELF. I'LL. CAN I MAKE A MOTION? YEAH. LET ME JUST MAKE THIS ONE STATEMENT, THOUGH, WITH THE PRECEDENT, I JUST WANT TO REMIND US, AS WE'RE DOING, I'M LEANING TOWARDS IT TOO. I'M JUST THAT'S THAT'S THE CONCERN ABOUT THE PRECEDENT OF ACTUALLY IF THE FIRST FROM WHAT I UNDERSTAND, THE THE FIRST FENCE WAS A ON A COMMERCIAL PROPERTY. SO THIS IS THE FIRST TIME ON A SEVEN FOOT FENCE FOR A RESIDENTIAL PROPERTY IN THAT NEIGHBORHOOD. IS THAT IS I CAN CLARIFY ON THAT. SO THE PROPERTY THAT THE CHURCH IS ON IS RESIDENTIAL. AND SO AS FAR AS I WON'T SAY AS FAR AS BEING OUT OF TIME, BUT IT HAS BEEN RESIDENTIAL FOR QUITE SOME TIME. OKAY, OKAY. SO THAT IT'S ALWAYS BEEN RESIDENTIAL CHURCHES CAN GO IN ANY ZONING DISTRICT SO THEY THEY COULD LIKELY BE ON A RESIDENTIAL OR COMMERCIAL LOT. OKAY. THAT THAT THAT JUST NEEDED SOME CLARITY ON THAT. YES, SIR. AS PART OF KEEP DUNCANVILLE BEAUTIFUL. WE USED TO CLEAN THAT PARK AND I KNOW THERE WAS WE WOULD GET, I DON'T KNOW, TEN GARBAGE BAGS OR MORE OF TRASH OUT OF THERE, ALL KINDS OF BEER BOTTLES AND OF COURSE, THESE PLASTIC BAGS THAT BLOW EVERYWHERE. I MEAN, YOU KNOW, SO I'M AWARE OF THERE'S A LOT OF THERE'S A LOT OF ACTIVITY IN THAT PARK. OKAY. I SEE WHERE THIS IS LEANING. YOU WANT TO GO AHEAD AND GIVE US. OKAY. I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE MR. COSTA'S FENCE TO THE HEIGHT OF THE NEIGHBORS FENCE IN THE FRONT. I WOULD SECOND THAT. ALL RIGHT. WE HAVE A WE HAVE A MOTION AND A SECOND. I JUST WANT TO BECAUSE TO GET CLARITY, BECAUSE I THINK THAT THE IT WAS FOR EIGHT FEET. SO YOU'VE KIND OF CHANGED THAT. SO SO APPROVING WITH THE CONDITION THAT THE FENCE IS THE SAME HEIGHT AS THE NEXT DOOR NEIGHBOR. SO THAT'S FROM THE HE HAS A POST AND THEN THERE'S A COLUMN. AND SO DO YOU WANT SEVEN FEET FROM THE GROUND OR I'M SORRY. SO THE THE SORRY THE HOUSE OR THE PROPERTY TO THE WEST OF HIM IS SEVEN FEET FROM THE POST. SO THERE'S LIKE A POST AND THEN THERE'S A COLUMN. AND SO YOU CAN TOTALLY DO SEVEN FEET OR JUST OBVIOUSLY HIS WON'T HAVE A POST AND THEN A COLUMN. IT'LL JUST BE THE FENCE ON FLAT GROUND. SO YOU COULD DO PERFECT. THE LANGUAGE I THINK IS WHAT THE ISSUE. YEAH. SO IF YOU ARE THE MOTION TO APPROVE WITH THE CONDITION THAT IT IS, IF YOU WANT TO DO A SPECIFIC HEIGHT, SEVEN FEET, THAT HELPS US OR THE NEIGHBORS TO BE 7.5FT IN HIS TO BE SHORT, OKAY. SO YOU JUST WANT IT TO BE THE SAME HEIGHT HEIGHT TO THE SAME HEIGHT, OKAY. WITH VISUALLY OKAY. DOESN'T HAVE TO BE. I HAVE A CLARIFYING QUESTION. YES, MA'AM. AND THAT IS IF HE TALKED ABOUT USING THE SAME MATERIALS WITH THE SIMILAR CONSTRUCTION. YES, MA'AM. AND SO I NEED SOME MORE CLARIFICATION ON WHAT'S WHAT IS PRESENTLY THERE AND WHAT HE PLANS ON PUTTING THERE, BECAUSE THERE'S GOING TO BE A MARKED DIFFERENCE BETWEEN. BETWEEN THE OLD AND THE NEW FENCE. SO I JUST WANT TO BE CLEAR ABOUT WHAT THE MATERIAL IS GOING TO BE AND WHAT THE MATERIAL IS PRESENTLY THERE. OKAY. SO BASED ON HIS PLANS, HE SAID HE'S GONNA DO THE FENCE, WROUGHT IRON, THIS FENCE TO THE PROPERTY THAT WE'RE TALKING ABOUT. I CAN'T SPEAK TO WHAT THE ACTUAL FENCE MATERIAL IS. I JUST KNOW THE COLUMNS ARE BRICK SO THAT UNFORTUNATELY, I DON'T KNOW THE CLOSEST WE COULD PROBABLY GET TO THIS BECAUSE OF THE THE PUBLIC HEARING IS CLOSED. SO PROBABLY THE CLOSEST WE CAN GET IS IF IF THE MOTION IS AMENDED TO STATE THAT NO HIGHER THAN THE THE PREVIOUS FENCE AND THE THE BRICK, WHICH PART WAS IT? THE BRICK AGAIN THE THE BRICK IS ON THE COLUMN. BUT HE'S PROPOSING WROUGHT IRON WOULD HAVE TO ALSO BE BRICK I [00:50:05] MEAN BRICK AND WROUGHT IRON. YEAH. I BELIEVE IS WHAT HE STATES IN HIS. YEP. YES. OKAY. I WILL ENTERTAIN THAT AMENDMENT TO THE MOTION. YES. OKAY. ALL RIGHT. COOL COOL COOL. YOU WANT TO SAY IT AGAIN OR YOU WANT TO. ARE YOU GOOD? I'M GOOD. IF IF DO YOU CAN YOU REPEAT THE WHOLE MOTION? OKAY. THANK YOU. SO THE AMENDED MOTION IS THAT MR. CASAS CAN BUILD HIS FENCE TO THE MORE OR LESS HEIGHT OF THE NEIGHBORS TO BE IN VISUALLY. LIKE THE NEIGHBOR'S FENCE, AND AT THE POST MUST BE BRICK, AND THAT IT WOULD BE, AS HE STATES IN HERE, BRICK AND WROUGHT IRON. AND WE'RE ONLY TALKING ABOUT THE FENCE THAT HE PUT IN TO FOR US TO CONSIDER. RIGHT, RIGHT. SO. AND THE REASON WHY. OKAY. I'M SORRY. NO, YOU'RE THE REASON WHY THIS IS BEING CLARIFIED. AND JUST NO DISRESPECT TO THE APPLICANT. KNOW THAT THERE WERE A LOT OF THINGS THAT GOT THROWN IN ON TOP OF WHAT WAS ACTUALLY BEING REQUESTED. SO I'M TRYING TO BRING IT BACK SO THAT IT WON'T BE ACCUSED THAT WE WERE APPROVING THINGS WE DIDN'T APPROVE. SO JUST WHAT WAS WHAT WAS ACTUALLY SUBMITTED? YES. TO THE HEIGHT OF THE OF OF THE OTHER HOME WITH BRICK, A BRICK, EXCUSE ME, BRICK AND WROUGHT IRON IS WHAT IS WHAT THE MOTION IS. OKAY. IS THAT THAT COOL? IS THAT COOL? ALL RIGHT. DO I HAVE A SECOND TO THE MOTION? SECOND YOU DO. ALL RIGHT, I'LL SECOND THAT FOR THE FENCE TO BE CONSISTENT WITH THE OTHER ONE. SO WHAT HE STATED. ALRIGHT, WE DO HAVE A MOTION AND A SECOND. SO MADAM SECRETARY, PLEASE CALL THE ROLL. HI. HERE MR. PRESIDENT. THAT AGAIN. ALL IN FAVOR. AYE AYE AYE. ANY OPPOSED? AYES HAVE IT. ALL RIGHT. THE. ALL RIGHT. I THINK WE'RE GOING TO MOVE. WE MOVE TO THE NEXT [3.B. ZBA-2025-0001: Request from Leonard Vose, applicant and owner, for a variance to construct an accessory structure related to the current auto repair, of the Merrill Abstract 884, Page 75, Tract 51, 0.261 acres, more commonly known as 209 S. Hastings Street, City of Duncanville, Dallas County, Texas.] ONE. YES, SIR. ALL RIGHT. COOL. ALL RIGHT. SO THE NEXT ACTION ITEM IS A REQUEST FROM LEONARD. APPLICANT AND OWNER FOR A VARIANCE TO CONSTRUCT AN ACCESSORY STRUCTURE RELATED TO THE CURRENT AUTO REPAIR OF THE MERYL ABSTRACT 884, PAGE, 75, TRACK 510.261 ACRES, MOST COMMONLY KNOWN AS 209 SOUTH HASTINGS STREET IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS, AND I WILL HAVE THE STAFF. WE HAVE THE STAFF REPORT FOR THIS ITEM. YES, SIR. IF YOU LOOK IN YOUR PACKET. THANK YOU. COMMISSIONERS. AS YOU STATED, THIS IS A VARIANCE REQUEST. SORRY FOR THE SORRY THE TYPO TO THE CURRENT AUTO REPAIR BUSINESS IS WHAT SHOULD HAVE BEEN THE FULL OF THAT TO EXPAND OR TO ADD AN ADDITION TO AN EXISTING AUTO REPAIR BUSINESS. THE. AS WE AS I STATED, THE APPLICANT IS APPLICANT AND OWNER IS REQUESTING TO BUILD AN ADDITION TO AN EXISTING AUTO REPAIR SERVICE BUSINESS. THE ADDITION, WHICH HE CAN SPEAK MORE TO, WILL IT BE 750FT■!S AND WILL BE ENCLOSED? AND IT IS. HE'S BEEN IT IS BEING REQUESTED SO HE CAN DO HIS HIM AND HIS EMPLOYEES CAN DO WORK IN VARYING VARIOUS WEATHER CONDITIONS. CURRENTLY, THE ZONING DISTRICT IS DOWNTOWN DISTRICT URBAN LIVING OR DD. WE SENT OUT 11 MAILERS. WE RECEIVED ONE IN FAVOR. THIS IS AN AREA OF THE ZONING OF THAT AREA. THE STAR INDICATES THE SUBJECT PROPERTY. AND THEN THIS IS THE AERIAL VIEW OF WHAT THE STREET LOOKS LIKE. THE SUBJECT PROPERTY IS HIGHLIGHTED IN GREEN. THIS IS THE THE PLAN THAT THE APPLICANT SUBMITTED. AND SO WERE THE RED ARROWS. YOU WILL SEE WHERE HE'S ADDING ON TO THE SIDE OF HIS BUILDING. AND SO FROM STAFF ANALYSIS AND FINDINGS. SO AS I MENTIONED THE CURRENT BUSINESS IS AUTO REPAIR SERVICE MAJOR BASED ON THE CURRENT ZONING DISTRICT TODAY, THE DOWNTOWN DISTRICT URBAN LIVING THAT USE IS NO LONGER ALLOWED, NOT BY RIGHT OR BY [00:55:01] SPECIFIC USE PERMIT. WE WOULD CONSIDER THE LAND USE TODAY LEGAL NONCONFORMING. SO WE'LL THERE'S ANOTHER SLIDE THAT TALKS ABOUT WHAT A NONCONFORMING USE IS. BUT ESSENTIALLY IT IS A GRANDFATHERED IN BUSINESS USE. IT CAN ALSO BE GRANDFATHERED IN LOT OR STRUCTURE AS YOU SEE HERE. ACCORDING TO OUR LAND USE CHART ARTICLE THREE OF OUR ZONING ORDINANCE, THE USE ISN'T PERMITTED IN THE ZONING DISTRICT. HOWEVER, THE BUSINESS DID EXIST BEFORE WE ADOPTED THE NEW ZONING ORDINANCE. THAT ORDINANCE HAS BEEN IN PLACE SINCE 2021. SO AS YOU SEE BELOW, JUST A QUICK HISTORY OF THE ZONING AND THE PERMITTED PERMITTED USES THAT HAVE CHANGED OVER THE YEARS. I DO APOLOGIZE. THAT'S WHY THE PACKET WAS SO THICK. IT WAS OUR ORIGINAL ORDINANCE AND JUST KIND OF SOME OF THE CHANGES TO KIND OF BE ABLE TO GIVE A GOOD CONTEXT OF WHAT WAS GOING ON. AND SO I'LL JUST GO GIVE A SYNOPSIS. SO OUR ORIGINAL ZONING ORDINANCE FOR THE CITY WAS ADOPTED IN 1965. AND SO THIS PROPERTY WAS CONSIDERED TO BE ZONED CENTRAL BUSINESS DISTRICT AT THE TIME. AT THE TIME AUTO REPAIR WAS ALLOWED, THERE WAS A VARIETY OF AUTO REPAIR USES THAT WERE ALLOWED IN THAT AREA. THE ZONING ORDINANCE WAS AMENDED IN 1975, AND THAT'S WHERE SOME SOME OF THE USES CHANGED IN THE CENTRAL BUSINESS DISTRICT TO REFLECT ONE OF THE NEW ZONING DISTRICTS, WHICH WAS LOCAL RETAIL DASH TWO. THAT'S WHEN AUTO REPAIR GARAGES AND AUTO REPAIR SERVICES, PARTICULARLY MAJOR, WERE NO LONGER ALLOWED IN THE CENTRAL BUSINESS DISTRICT, ACCORDING TO THE OWNER. HE DID PURCHASE THE PROPERTY IN THE EARLY 2000, AND SO BASED ON STAFF'S RESEARCH, WHEN HE PURCHASED IT, THIS PROPERTY WAS ALREADY LEGAL. NONCONFORMING. THE OWNER CAN SPEAK TO THE ACTUAL PURCHASE TIME BETTER THAN I CAN JUST GOING OFF OF OUR MEETING WITH HIM. AND SO BASED ON THAT, STAFF FOUND THAT THE BUSINESS WAS ALREADY NOT PERMITTED PER SE WHEN HE PURCHASED THE LOT, PURCHASED THE PROPERTY IN THE EARLY 2000, IT WAS ALREADY LEGAL, NONCONFORMING, AND THEN THE BOTTOM HALF OF THIS IS JUST A RECAP OF AS THE THE NAMES OF THE ZONING DISTRICT CHANGE. AND SO THE USES ALSO CHANGED A LITTLE BIT, BUT PRIMARILY GEARED TOWARDS DOWNTOWN. DOWNTOWN USES IS WHAT YOU SEE HERE. THIS IS JUST A VISUAL OF OUR LAND USE CHART THAT I MENTIONED IN ARTICLE THREE. AND SO WITH THE RED ARROW IS IS HIS CURRENT ZONING DISTRICT TODAY. AND THEN THE BOX THAT'S HIGHLIGHTED IN RED AUTO REPAIR AND SERVICES MAJOR, AS YOU SEE THAT THERE ARE NO DOTS IN THAT AREA THAT THAT INDICATES THAT THE USE IS NOT PERMITTED AT ALL. AND SO AS I MENTIONED EARLIER, A LEGAL NONCONFORMING USE. THIS IS FROM OUR ZONING ORDINANCE OF WHAT A NON-CONFORMING USE IS. SO ESSENTIALLY, IF A BUSINESS OR A LOT WAS EXISTING BEFORE OUR ZONING ORDINANCE WAS ADOPTED, THAT LOT HAS THE RIGHT TO EXIST AS IS IN CURRENT TIMES, AS LONG AS IT DOESN'T HAVE ANY MAJOR CHANGES OR MAJOR RENOVATIONS THAT IS NOT NEEDED TO OPERATE THE BUSINESS. IF IT DOES, IT WOULD HAVE TO COME UP TO TODAY'S STANDARDS, WHICH WE DO SEE SOMETIMES. UNFORTUNATELY, IN THIS CASE, BECAUSE THE DISTRICT DOESN'T ALLOW IT AT ALL, IS THE BIG PORTION OF WHY WE'RE WHY HE'S REQUESTING THE VARIANCE. AS YOU CAN SEE, FOR THE SECOND BULLET, THE NONCONFORMING USE CAN BE ENLARGED, INCREASED, OR EXTENDED WITHIN AN EXISTING BUILDING, PROVIDED NO STRUCTURAL ALTERATION MAY BE MADE ON OR IN THE EXISTING BUILDING, EXCEPT THOSE REQUIRED BY LAW TO PRESERVE THE BUILDING IN A STRUCTURALLY SOUND CONDITION. SO BASED ON STAFF RESEARCH, THE PROPOSED ADDITION IS NOT REQUIRED BY LAW TO MAINTAIN THE OPERATION OF THE BUSINESS. SO IT IS SOMETHING THAT IS ADDING ON TO POSSIBLY HELP WITH BUSINESS AND THINGS OF THAT NATURE. AGAIN, THE VARIANCE PROCEDURE, WHAT THAT LOOKS LIKE FROM OUR ORDINANCE. SAME THING OF THE CONDITIONS FOR GRANTING A VARIANCE. SO THIS ONE IS A LITTLE DIFFERENT. THE LAST ONE, THE VARIANCE IF GRANTED WILL NOTE WILL BE NO MATERIAL DETRIMENT TO THE PUBLIC WELFARE OR INJURY TO THE USE ENJOYMENT OF VALUE OF PROPERTY IN THE VICINITY. AND THIS ONE, WE DID FIND THAT A VARIANCE IS NOT NECESSARY TO PERMIT THE APPLICANT THE SAME RIGHTS AND THE USE OF HIS PROPERTY THAT ARE PRESENTLY ENJOYED UNDER THIS ORDINANCE BY OTHER PROPERTIES IN THE VICINITY AND THE ZONE. BASED ON THE ZONING RESEARCH THAT WE FOUND AND THAT WE DID, LIKE I STATED EARLIER, THE USE FROM OUR RESEARCH SEEM TO ALREADY BE NONCONFORMING UPON HIS PURCHASE. AND SO BY OUR ORDINANCE, WE CANNOT ALLOW A NON-CONFORMING USE TO BE EXPANDED. UNFORTUNATELY, EVEN IF IT IS A BUSINESS THAT HAS BEEN EXISTING FOR QUITE SOME TIME. SO STAFF IS RECOMMENDING DENIAL OF THE VARIANCE REQUEST TO BUILD THE PROPOSED ADDITION TO THE EXISTING BUSINESS AND EXPANDING ALREADY NONCONFORMING USE. ANY QUESTIONS FOR ME? COOL. DOES THE APPLICANT WISH TO ADDRESS THE BOARD? SURE. THEY WANT IT. [01:00:02] I HAVE THE DRAWINGS. I DON'T KNOW IF THEY DID. YOU HAVE THE THE DRAWING AND THEN THEY HAVE THE WHOLE ONE IN THEIR PACKET. I CAN HAND IT TO THEM. THERE'S THE DRAWINGS. OKAY. SO MY NAME IS CARLYN VOSS, 209 SOUTH HASTINGS. HAVE THE AUTOMOTIVE REPAIR SHOP. BEEN THERE SINCE 2000? I BOUGHT THE BUILDING IN 2001. WE WERE ACTUALLY THERE A LITTLE BIT BEFORE THAT, RENTING IT. IT HAD PREVIOUSLY BEEN FARRELL'S TRANSMISSIONS, WHICH HAD BEEN THERE. I DON'T KNOW HOW MANY YEARS, BUT IT'S BEEN AN AUTO SHOP FOR MORE THAN 50 YEARS, I KNOW THAT THE PLANS WE WOULD LIKE TO EXPAND EXTEND ONE OF OUR BUILDINGS, IT'S IN THE BACK PARKING LOT, WON'T EVEN BE WITHIN SIDE OF THE ROAD. TOTALLY OUT OF VIEW. THE SLAB IS ALREADY BEEN THERE. IT'S BEEN THERE FOR YEARS. IT'S HAD AUTOMOTIVE LIFTS ON IT OUTDOORS. WHEN IT WAS A TRANSMISSION SHOP, THOSE WERE TAKEN OUT PREVIOUS TO US BUYING IT. THE LIFTS AREN'T WEREN'T THERE. WE DO HAVE A LIFT ON IT AT THIS POINT OUTDOORS. WE'D LIKE TO COVER IT AND PUT AN ALIGNMENT SETUP IN THERE SO WE CAN DO ALIGNMENTS. CAN'T DO THOSE OUTSIDE AND CAN'T HAVE THE ALIGNMENT MACHINE OUT, RAIN AND THAT STUFF. SO THE INGRESS AND EGRESS DOESN'T CHANGE AS FAR AS GOING IN AND OUT. IT'S EXACTLY THE SAME. YOU CAN'T SEE IT FROM THE ROAD. IT WILL MAKE I MEAN, WE COULD HAVE BUILT IT AND NOBODY WOULD HAVE EVEN KNOWN AT THIS POINT WHEN THEY LOOKED AT THE BUILDING PREVIOUSLY, WHEN WENT TO THE PLANNING BOARD, IT TOOK THEM A WHILE TO EVEN FIGURE OUT WHERE I WAS BUILDING, JUST LOOKING AT THE AERIAL VIEW, BECAUSE IT'S IT'S ON A BACK LOT. SO I UNDERSTAND IT'S NON-CONFORMING. IT'S BEEN YOU KNOW, THEY CHANGED THAT ORDINANCE YEARS AGO WHEN IT WAS ALREADY AN AUTOMOTIVE SHOP. IT'S STILL AN AUTOMOTIVE SHOP. NOT PLANNING ON GOING ANYWHERE. GOT ABOUT FIVE EMPLOYEES WORKING FOR ME. AND YOU KNOW, WE WOULD LIKE TO CONTINUE DOING THAT. SO AND WE JUST WANTED TO EXPAND AND KEEP GOING. SO THAT'S WE DID DO A RENOVATION LAST YEAR, PUT IN NEW OFFICES. YOU KNOW, IN TOOK ONE OF THE EXISTING BAYS AND DID A BIG RENOVATION, NEW OFFICES AND TOTALLY REDID IT AND HAVE BEEN JUST RECENTLY PAINTED THE FRONT OF THE BUILDING. WE'VE BEEN TRYING TO CLEAN IT UP AND KEEP IT NICE. OURS HAS AN EIGHT FOOT FENCE, UNLIKE THE KIND OF LIKE WHAT HE WANTS. WE PUT IN A BIG OLD EIGHT FOOT FENCE WHEN WE MOVED IN ORIGINALLY AND BUT ANYWAY, THAT'S THAT'S WHAT WE'RE ASKING FOR. SO. NOT NECESSARILY A QUESTION, BUT I THINK YOUR BUSINESS ALWAYS LOOKS NICE. THANK YOU. AND I CAN TELL YOU, YOU KNOW, GO THROUGH SOME EFFORT TO DO THAT. THERE'S SOME AUTOMOTIVE SHOPS AROUND THERE THAT DON'T LOOK AS NICE OR AS APPEALING WITH AUTOMOTIVE AND DUNKIN, I'VE HEARD. YEAH. ANYWAY, I WANT TO THANK YOU FOR THAT. THE WORK YOU DID ALREADY THAT THAT THERE WAS THAT IT'S THE EXISTING PROPERTY THAT YOU WERE DOING THAT WORK ON. YEAH, IT WAS MOSTLY INTERIOR STUFF. SO WHAT I'M SAYING IS WE INVESTED QUITE A BIT IN THAT BUILDING. RIGHT. AND I'D LIKE TO INVEST A LITTLE BIT MORE TO MAKE IT THAT MUCH BETTER FOR MY GUYS. YEAH. RIGHT. RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? ANY RESPONSES? OKAY. DO WE HAVE A MOTION TO OPEN THE PUBLIC HEARING PORTION OF THIS MEETING? SECOND. ALL RIGHT. WE HAVE A MOTION AND A SECOND SECRETARY, PLEASE CALL THE ROLL. HERE. PRESENT ALL THOSE IN FAVOR SAY AYE. ALL RIGHT. I WILL NOW OPEN THE PUBLIC HEARING. ANYBODY SIGNED UP TO SPEAK ON THIS ITEM? NO, SIR. NO, NOBODY SIGNED UP AHEAD OF TIME. NOBODY SIGNED UP TO SPEAK. OKAY. APPRECIATE THAT. ANYBODY ELSE FROM THE PUBLIC WOULD LIKE TO SPEAK. PLEASE COME UP TO THE PODIUM WHEN YOUR NAME IS CALLED, WHICH IS YOU, AND STATE YOUR NAME AGAIN. FOR THE RECORD, JEFF CAZA 700, KEVIN CAVEN TWO MINUTES. OKAY, SO TERRY'S COMMENTS ACTUALLY RESONATED WITH ME EARLIER. SO I'LL TELL YOU A BIT MORE ABOUT MYSELF. I'M FROM SEATTLE AND FOR THE 30 YEARS I LIVED THERE, I WATCHED GOOD, HARD WORKING BUSINESSMEN LIKE THIS MAN HERE [01:05:05] GET PUSHED OUT BY TECHNICALITIES. THEY'VE BEEN THERE FOR 50 PLUS YEARS, 30 PLUS YEARS, 20 PLUS YEARS. AND I WATCHED ONE OF THE MOST BEAUTIFUL CITIES IN THE WORLD TURNED INTO A CESSPOOL. AND SO IF YOU GUYS WANT TO AVOID BECOMING PORTLAND, SEATTLE AND WHATNOT, I WOULD CAUTION YOU AGAINST SHOOTING BUSINESSES LIKE THIS IN THE FOOT. I KNOW A LITTLE BIT ABOUT THIS GUY. MY NEIGHBORS HAVE SAID GOOD THINGS ABOUT HIM. YOU DON'T WANT TO GO THE ROUTE OF READING IN A BOOKLET WITH NO COMMON SENSE, AND SAYING, MOTION TO DENY. EVERY TIME YOU'VE GOT A NEIGHBOR, THIS IS A CITIZEN YOU WANT HERE, AND HE CAN MOVE HIS BUSINESS ON TO ANY OTHER CITY AROUND HERE VERY EASILY. I'D LIKE BUSINESSES LIKE THIS IN MY COMMUNITY AND AS A NEW COMMUNITY MEMBER WHO WANTS TO STAY HERE, I WOULD VERY MUCH HOPE YOU GUYS SUPPORT THIS MAN. THANK YOU. WE HAVE ANOTHER PUBLIC COMMENT. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, ELIZABETH GABLE, 602 CABIN ROAD. AND WHAT A COINCIDENCE. MY FAMILY BOUGHT 602 CABIN ROAD FROM MR. VOSS. HEY, HIS FAMILY LIVED IN THAT HOUSE FOR AT LEAST TWO GENERATIONS, AND I HIGHLY APPROVE OF HIM. HE IS MY MECHANIC. I TAKE MY CAR TO HIM. AND SO I HOPE YOU WILL ALLOW HIM TO IMPROVE HIS BUSINESS, WHICH I'M A PATRON OF. THANK YOU. THANK YOU VERY MUCH. AS THERE ARE NO FURTHER QUESTIONS, I WILL TAKE A MOTION TO CLOSE THE PUBLIC MEETING. I WILL MOTION TO CLOSE THE PUBLIC MEETING, DO PUBLIC HEARINGS. EXCUSE ME. DO WE HAVE A SECOND? THANK YOU. I MOTION TO CLOSE. THAT'S WHAT I SAID. I'LL TAKE A MOTION, THEN GO AHEAD, GO AHEAD. ALRIGHT. GOOD, GOOD, GOOD. WE HAVE A MOTION AND A SECOND. THE SECRETARY. CAN YOU PLEASE CALL THE ROLL? PRESIDENT? ALL RIGHT. I AM GOING TO ENTERTAIN A DISCUSSION BEFORE MOTION FROM THE COLLEAGUES. FIRST. FIRST OF ALL, GREAT BUSINESSMAN, RIGHT FROM WHERE WE'RE GETTING THAT THAT KNOWLEDGE HERE. I DO WANT TO POINT OUT THAT, YOU KNOW, THERE'S. CONVERSATION ABOUT OUR RESPONSIBILITY ON THE ACTUAL FACILITY OF WHAT WE'RE SUPPOSED TO BE DOING HERE. IT'S NOT IT'S NOT IMPROVEMENT. IT'S IT'S ACTUALLY GOING PAST THE NONCONFORMING PART THERE. JUST BRINGING THIS UP. YEAH. WELL, I WOULD JUST LIKE TO SAY THAT, AS I SAID BEFORE, WE DON'T WANT TO RUN GOOD PEOPLE OUT OF DUNCANVILLE, AND WE WANT TO TAKE CARE OF OUR CITIZENS AND AND OUR COMMUNITY. AND MR. MOSES BUSINESS. HE'S ALREADY USED UTILIZING THAT SPACE. I DROVE BY AND LOOKED AT THE BUSINESS TODAY, AND IT DOES LOOK VERY NICE, VERY WELL KEPT AND AND PROFESSIONAL. AND FOR HIM TO BE ABLE TO UTILIZE THAT A LITTLE FURTHER, I DON'T SEE I DON'T HAVE PERSONALLY HAVE AN ISSUE WITH IT AND YOU KNOW IT. IT'S A GOOD FACILITY FOR A MECHANIC SHOP, AND I DON'T KNOW WHAT SOMEBODY ELSE WOULD DO WITH IT. SO I'M IN FAVOR. THANK YOU. I WOULD JUST SAY HE'S ALREADY IN A NONCONFORMING USE AND TO ALLOW HIM TO INCREASE HIS BUSINESS, THERE IS NOT GOING TO HURT ANYTHING. IT'S HE'S GOING TO BE IN THAT BUSINESS UNTIL HE DECIDES NOT TO BE. AND I GUESS THE MARKET WILL DECIDE THAT OR HE'LL DECIDE TO RETIRE SOMEDAY, ONE OR THE OTHER. BUT I'M I'M IN FAVOR OF HIM BEING ALLOWED TO DO THIS. I'M TORN. I'M TORN BECAUSE WE JUST GOT THROUGH GOING THROUGH OUR COMPREHENSIVE PLAN. THAT WAS I WAS TRYING TO [01:10:07] SAY, AND IT AND IN ORDER FOR US TO MOVE THROUGH THAT, WE HAVE TO ESTABLISH. ESTABLISH A, A WORKING CRITERIA THAT DOES NOT. NEGATIVELY IMPACT OUR PRESENT BUSINESS OWNERS. BUT WE HAVE TO BE MINDFUL THAT OF OUR DECISIONS, THAT IF WE ARE GOING TO. MOVE TOWARD OUR COMPREHENSIVE PLANS, AND THEN AND THEN AT THE SAME TIME ESTABLISH PRECEDENTS. I JUST WONDER IF WE ARE MOVING FORWARD, MOVING BACKWARD, OR ARE WE JUST STANDING STILL? SO THAT'S MY CONCERN. YEAH. I'M TORN. I'M I DON'T WANT TO MAKE SURE I'M NOT SAYING I'M AGAINST OR FOR THAT THAT. BUT THAT'S MY CONCERN IS THAT THERE'S A WE'RE ALREADY HAVE A PRECEDENT. WE WERE JUST THERE FOR THIS. THE WHOLE CONCEPT OF THE, YOU KNOW, THE COMPREHENSIVE PLAN. AND IT'S LIKE WE'D BE GOING AGAINST THAT AND BUT SPEAK TO I MEAN, WHAT, WHAT WHAT IS YOUR THOUGHTS THERE? I THINK IN MY PAST EXPERIENCE, WE'VE WE'VE TRIED DOING THIS YEARS AGO, 20, 30 YEARS AGO TO GET RID OF ALL THE CAR PLACES ON MAIN STREET. AND WE LEARNED VERY QUICKLY THAT PEOPLE HAVE PUT THEIR HARD EARNED MONEY. SOME PEOPLE MAY HAVE EVEN PUT THEIR LIFE SAVINGS INTO BUYING THAT BUSINESS AND DOING IT, AND CLOSING THAT BUSINESS DOWN IS NOT AS EASY AS A VOTE IT TAKES. IT'S GOING TO TAKE, IT'S GOING TO TAKE MONEY AND IT'S GOING TO TAKE, YOU KNOW, MAYBE THE ECONOMIC DEVELOPMENT PEOPLE SAYING, WE'RE GOING TO HELP YOU FIND ANOTHER LOCATION. AND BUT WE STILL NEED THESE PLACES IN OUR CITY. AND HE HE DOES A VERY GOOD JOB OF KEEPING HIS LOOKING VERY NICE. HE PROVIDES A GOOD SERVICE TO OUR COMMUNITY. AND AND I KNOW THAT THAT JUST BECAUSE WE HAVE A COMPREHENSIVE PLAN DOESN'T MEAN WE CAN WAVE A WAND AND MAKE THAT HAPPEN. IT'S GOING TO TAKE TIME, EFFORT, VISION. WE HAVE ALL OF THOSE THINGS THAT WE HAVE TO CONSIDER AND GO THROUGH, BUT WE'RE NOT GOING TO, YOU KNOW, NUMBER ONE, WE'RE NOT GOING TO BE ABLE TO EVEN IF WE WANTED TO SHUT HIM DOWN. AND I FOR ONE, I DON'T WANT TO I DON'T WANT TO DO THAT. I MEAN, THE MARKET WILL DICTATE THAT AT SOME POINT OR HE WILL RETIRE. WHAT WOULD YOU WHAT WOULD YOU SAY TO THE PUSHBACK? BECAUSE I THE IRONY IS I LIKE 100%. THE LAST THING RIGHT WE WANT TO DO IS PUSH SOMEBODY OUT. THAT'S A GOOD BUSINESS OWNER IN THIS COMMUNITY, GOOD CITIZEN WE DON'T WANT TO DO. RIGHT. WHO WOULD WANT TO DO THAT. RIGHT. SO I THINK THE PUSH. BUT WHAT WOULD YOU SAY TO THE PUSHBACK THAT SAYS IT'S NOT THAT BECAUSE WE SUPPORT, YOU KNOW, WHAT HE'S DOING AND WHAT HE HAS DONE IN HIS BUSINESS INTERNALLY. BUT IT'S IF WE'RE MOVING PAST IT TO SAYING NOW AGAINST THE COMPREHENSIVE PLAN, WE'RE NOW BUILDING ON, YOU KNOW, MORE TO THAT FACILITY. IT'S NOT THE SAME THING. IT'S IT'S IT'S IT FEELS LIKE THE, THE, THE GOALPOSTS HAVE BEEN MOVED, RIGHT? AT FIRST IT WAS LIKE, HEY, BUT WE'RE NOT GOING TO MOVE THIS GENTLEMAN OUT. AND YET WE SUPPORT AND YEAH, OKAY, WE'RE ALL IN THERE. BUT NOW WE'RE SAYING IN ADDITION TO SUPPORT, ALTHOUGH THIS ISN'T PART OF WHERE WE'RE GOING IN THE FUTURE, WE'RE GOING TO NOW ALLOW HIM TO EXPAND IT. WHAT WOULD YOU SAY TO MY TO SOMEONE'S PUSHBACK IF WE'RE IF WE'RE NOT GOING TO ALLOW HIM TO INCREASE HIS BUSINESS AND KEEP THOSE EMPLOYEES EMPLOYED AND ALL THAT KIND OF THING, THEN THEN EVENTUALLY IT KIND OF BECOMES A CHOKEHOLD AND IT KIND OF BECOMES A SELF-FULFILLING PROPHECY, YOU KNOW, YOU KNOW, SO HE'S HE'S ALREADY NON-CONFORMING. HE'S ALREADY THERE. HE'S GOING TO HE'S IN BUSINESS, HE'S GOING TO STAY IN BUSINESS. AND THE QUESTION TONIGHT IN MY MIND IS, ARE WE GOING TO ALLOW HIM TO ENHANCE HIS BUSINESS WHERE HE CAN MAKE MORE MONEY, MAYBE EMPLOY MORE PEOPLE, REPAIR MORE CARS? HE'S STILL GOING TO HAVE A A GOOD LOOKING PROPERTY. HE'S STILL GOING TO BE A GOOD CITIZEN. HE'S. YEAH. SO I'M IN FAVOR OF ALLOWING HIM TO DO THAT AND AND MAKE MORE MONEY HOPEFULLY. AND AND HIS EMPLOYEES MAYBE MAKE MORE MONEY. I'M IN FAVOR OF ALL OF THAT. AND AND WHAT ONE MORE PART THERE. SO THE THE STAFF IN THEIR RECOMMENDATION THEY SPOKE OF, YOU KNOW, GOING THROUGH THE X'S AND THE CHECKMARKS. RIGHT. THE POSITION THAT THIS WOULD NOT IT DOESN'T AFFECT HIS ABILITY TO BE A, YOU KNOW, A PRODUCTIVE BUSINESS OWNER NOW EXPANDING. THAT'S YOU'RE RIGHT. THAT'S A DIFFERENT ISSUE AT [01:15:02] PLAY. AND LIKE I SAID, I'M I'M JUST TORN ON THIS IDEA THAT IF WE HAVE THIS COMPREHENSIVE PLAN, WE'RE SUPPOSED TO WORK TOWARDS THE COMPREHENSIVE PLAN AND THEN BUT WE DON'T WANT TO HAVE WE DON'T WANT TO GET RID OF GOOD BUSINESS OWNERS. SO THE WAY TO DO THAT IS EVEN THOUGH THIS IS NOT YOU KNOW, THIS IS NON-CONFORMING, NOBODY'S KICKING THEM OUT. IT'S LIKE, HEY, YOU CAN STAY, YOU COULD BUILD, YOU COULD DO. I MEAN, YOU CAN, YOU KNOW, INVEST IN YOUR BUSINESS AND DO ALL OF THAT. BUT NOW WE'RE SAYING, YEAH, FORGET THE COMPREHENSIVE PLAN. GO AHEAD AND EXPAND. IT'S LIKE THAT. THAT'S THAT'S A I'M STRUGGLING WITH THAT. YOU. WELL I CAN I CAN GIVE YOU A GOOD EXAMPLE OF HOW ABSURD SOMETIMES THESE POLICIES ARE. FOR EXAMPLE, OKAY, I TRIED TO SELL A BUILDING THAT AT ONE TIME HOUSED BRITTLE, BRITTLE, PEANUT BRITTLE. OKAY. THEY HAD THESE GREAT BIG VATS AND THEY HAD GAS BURNERS UNDERNEATH. THEY'RE JUST COOKING THIS SUGAR, TURNING IT INTO LIQUID WHERE THEY COULD MAKE THIS BRITTLE. RIGHT. THE NEXT OWNER COMES ALONG AND BUYS IT, AND WHEN HE GETS READY TO SELL IT, HE CAN'T SELL IT WITHOUT SOMEBODY PUTTING SPRINKLER SYSTEMS IN. NOW, THERE'S NO MORE GAS. THERE'S NO MORE. IT'S A METAL BUILDING WITH CONCRETE FLOORS. AND YOU THINK, WELL, WHAT'S GOING TO BURN? I MEAN, IF IT WAS EVER GOING TO BURN, IT WAS GOING TO BURN. WHEN THEY HAD LIVE FLAME EVERYWHERE. RIGHT? BUT ON BLACK AND WHITE, IT SAYS THAT IF YOU'VE GOT A BUILDING OVER 6000FT■!S, YOU HAVE TO PUTA SPRINKLER SYSTEM IN IT. SO ANYWAY, SO SOMETIMES, SOMETIMES WHAT WE DO, WE DON'T CONSIDER ALL THE RAMIFICATIONS OF WHAT IT WHAT IT MEANS WHEN YOU PUT IT DOWN ON BLACK AND WHITE. SO I LIKE I SAY I THINK HE'S HE'S IN BUSINESS. HE'S A GREAT COMMUNITY CITIZEN, A GOOD CORPORATE CITIZEN. HE'S A GOOD NEIGHBOR. AND HE'S HE'S THE YOU KNOW, HE'S GOING TO BE THERE. SO WE MAY AS WELL ALLOW HIM TO MAKE AS MUCH MONEY AS HE CAN AND ENHANCE HIS BUSINESS. AND I WOULD LIKE TO SAY I DROVE, AS I SAID BEFORE, I DROVE BY TODAY. AND WHAT HE'S LOOKING TO DO, HE'S NOT GOING TO DOUBLE HIS BUSINESS AND CREATE MORE TRAFFIC, MORE WASTE, MORE ISSUES. HE'S JUST LOOKING TO BE ABLE TO ENCLOSE AN AREA WHERE HE CAN PROVIDE A A BETTER SERVICE, A MORE, MORE TECHNOLOGY, CORRECT TO AND ALSO AND ALSO PROTECT HIS EQUIPMENT FROM THE RAIN. YES. SO YEAH. AND AND THAT STAYING HERE THOUGH. SO WE'VE TALKED ABOUT YOU KNOW AUTO AUTO YOU KNOW IN THAT AREA AND NOT EVERYBODY IS AS YOU KNOW THAT'S JUST BE HONEST. RIGHT. SO AGAIN YOU GET BACK TO THE PRECEDENT ISSUE AND COMBINING IT WITH THE WITH THE CITY, BECAUSE I HAVE NO DOUBT THAT MR. FOSTER'S A GREAT BUSINESS PERSON. BUT HOW DO WE RECONCILE THAT? I MEAN, ARE YOU WHAT'S THE DIFFERENCE THE NEXT TIME WE HAVE SOMEBODY ELSE SAY, YEAH, WELL, YOU'VE ALREADY SAID YES HERE, SO WHY CAN'T WE JUST DO THE SAME THING? AND NOW MAYBE THEY AREN'T AS REPUTABLE. WHAT DO WE DO? I THINK WE JUST HAVE TO TAKE IT AS A CASE BY CASE. YEAH. INDIVIDUAL CASE BY CASE BY CASE BY CASE. OKAY, I THINK THAT'S SOUND. OKAY. I THINK TAKING THAT CASE BY CASE BECAUSE, YOU KNOW, WE DON'T WANT TO RUN REPUTABLE. AND IN FACT THAT'S PART OF OUR PROBLEM, RIGHT? WE DON'T WANT TO RUN GOOD BUSINESSES OUT. BUSINESSES IN DUNCANVILLE. BUT WE REALLY NEED TO BE CLEAR ON, YOU KNOW, HOW HOW WE DO THAT. CAN WE INCORPORATE, YOU KNOW, CAN WE TAKE THE BEST OF BOTH, BEST OF BOTH WORLDS. AND I REALLY LIKED HARRY'S RECOMMENDATION IN TERMS OF LET'S, LET'S DO IT CASE BY CASE. OKAY. YOU WANT TO MAKE A MOTION? I'D LIKE TO MAKE A MOTION THAT WE APPROVE. MR. VOSE'S IMPROVEMENT OF HIS PROPERTY. I DON'T KNOW THE EXACT, BUT TO ENCLOSE THE 750FTS THAT HE'S LOOKING TO ENCLOSE. OKAY, TAKE A SECOND. I'LL SECOND THAT. ALL RIGHT. WE HAVE A MOTION AND A SECOND. SECOND SECRETARY, PLEASE CALL THE ROLL. HERE, HERE, HERE, HERE. ALL RIGHT. THE MOTION TO APPROVE AS PRESENTED. HOW DO WE HOW DO WE VOTE? AYE, AYE. ALL RIGHT. THERE YOU GO. I WILL NOW MOTION TO ADJOURN THE NOVEMBER. WE DON'T HAVE ANYTHING ELSE ON [01:20:10] THIS CALENDAR. DO DO WE MAKE A MOTION? I THINK THE CHAIRMAN CAN. WELL I'M GOING TO TELL YOU WHAT. IF Y'ALL KEEP PUTTING THIS ON THIS PAPER, I'M GOING TO SAY WHAT'S ON THIS PAPER? I WILL MAKE A MOTION TO ADJOURN THE NOVEMBER 6TH, 2025 MEETING OF THE CITY OF DUNCANVILLE PLANNING AND ZONING COMMISSION. AND I CAN'T MAKE A MOTION OR A SECOND, SO WHY DON'T SOMEBODY GO AHEAD AND SECOND MAKE A MOTION? SECOND. ALL RIGHT. THANK YOU. COMMISSIONERS MOTION IS SECOND. ALL RIGHT. GOOD GOOD, GOOD. SECRETARY, PLEASE CALL THE ROLL. CALL THE ROLL. HERE, HERE, HERE. PRESENT. ALL RIGHT. WE WILL CLOSE THIS MEETING. * This transcript was compiled from uncorrected Closed Captioning.