Mar 05, 2026 Zoning Board of Adjustment

[00:00:12]

2026 REGULAR. PLEASE RISE. ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. TEXAS FLAG. PLEASE HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. HAVE THE ROLL CALL. MISTER POPPLE. TERRY POPHAM, MISTER SMITH. MISS WILLIS WILLIS. MISS WASHINGTON. LAVON, WASHINGTON. PRESENT, MISS. MR. RODRIGUEZ, ELIAS RODRIGUEZ, PRESENT. WE HAVE A QUORUM. GOOD EVENING. COMMISSIONERS. DESIREE POWELL, CITY PLANNER, PRESENTING TO YOU ON BEHALF OF STAFF FOR THE ZONING BOARD OF

[4.A. ZBA-2025-00004: Discuss and consider adoption of an order to grant or deny a fence variance on real property at 700 and 704 Cavan Road, Block 5, Lot 5A, Woodhaven Addition on 8.8825 acres, City of Duncanville, Dallas County, Texas.]

[00:05:01]

SO BECAUSE EACH PIECE OF PROPERTY IS UNIQUE, THE CIRCUMSTANCES THAT WERE THERE ARE NOT THE SAME CIRCUMSTANCES THAT ARE HERE. AND SO BUT WHAT I WANT SOME CLARITY ON IS THE HEIGHT OF THE COLUMN, THE SEPARATION OF THE COLUMNS EVERY EIGHT FEET OR WHATEVER THEY'RE SUPPOSED TO BE. AND WE CAN ASK MR. CASA TO CLARIFY THAT FOR US. AND THEN WHAT KIND OF METAL ELEMENTS HE WANTS IN HIS FENCE, BECAUSE THERE'S A DIFFERENCE BETWEEN WROUGHT IRON AND DECORATIVE METAL. WROUGHT IRON IS VERY HEAVY AND VERY EXPENSIVE. AND IF THAT'S WHAT HE WANTS, I WANT THE BUILDING OFFICIAL TO SIGN THE ORDER THAT YOU GRANT TO WHATEVER IT IS THAT MR. CASA THINKS THAT HE WANTS THERE, SO THAT THE BUILDING OFFICIAL, WHEN HE ISSUES THE PERMIT AND GOES AND DOES THE INSPECTION. MR. CASA BUILDS WHAT HE'S GOT A PERMIT FOR. SO. AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS. DOES THAT MAKE SENSE TO YOU ALL? JUST ONE THING TO CLARIFY. YOU'RE MISSING THE POINT ABOUT THERE WASN'T A SWORN TESTIMONY IS THAT WE FORGOT THE SQUARE. IS THAT WHAT HAPPENED? YEAH, BUT I'M GOING TO CLEAN THAT UP. I'M GOING TO I'M GOING TO FIX IT RIGHT NOW. SO ONE OF THE I WILL IF DO YOU HAVE THE THE OATH TO GIVE TO HER? IF YOU DON'T, I'LL RECITE IT FOR YOU. YEAH. OKAY. ONE MORE TIME. I SAID IF YOU DON'T HAVE A COPY OF THE OATH THAT YOU NEED TO RECITE, I WILL RECITE IT FOR YOU. I AM GOING TO ALLOW YOU TO DO THAT. ALRIGHT, ALRIGHT. SO REALLY QUICK, WHEN YOU DO THAT, CAN YOU SAY IT INTO YOUR MIC? THANK YOU. YEAH. WE HAD SOME DIFFICULTY WITH THE MIC WHEN I LISTENED TO THE TAPE. SO EVERYONE GET AS CLOSE AS YOU CAN. SO MISS POWELL OKAY. DO YOU PROMISE TO TELL? DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? ALRIGHT, I'M GOING TO ASK HER A SERIES OF QUESTIONS AND SHE'S GOING TO ANSWER THOSE NOW. AT THE LAST MEETING ON NOVEMBER 6TH, 2026, WHEN WE TALKED ABOUT THE VARIANCE FOR THE CASE, THAT'S BEFORE THE THE BOARD OF ADJUSTMENT THIS EVENING, YOU MADE A PRESENTATION ON BEHALF OF THE STAFF, AND I BELIEVE IN THAT RECOMMENDATION THAT YOU RECOMMENDED A DENIAL AND PRESENTED YOUR EVIDENCE AND SLIDES AND INFORMATION TO THE BOARD. IF YOU WERE TO DO THAT AGAIN TONIGHT, WOULD IT BE THE SAME PRESENTATION? YES, SIR.

OKAY. SO THAT YOU FEEL COMFORTABLE THAT THE BOARD COULD RELY ON THAT AS YOUR SWORN TESTIMONY IN THIS CASE? YES, SIR. OKAY. I HAVE NO FURTHER QUESTIONS FOR HER. AND I WOULD ASK YOU TO ACCEPT THE EVIDENCE THAT WAS PROVIDED TO THE BOARD ON NOVEMBER 6TH, 2025,

[00:10:03]

AND IF YOU WERE TO TALK ABOUT THOSE THINGS AGAIN WITH YOUR TESTIMONY, BE THE SAME TODAY AS IT WAS ON THE SIXTH. YES. CORRECT. OKAY. AND THEN IF YOU HAVE ADDITIONAL INFORMATION.

YOU'RE FREE TO ACCEPT IT NOW. OR YOU MAY WANT TO DISCUSS IT AND THEN AND THEN COME BACK.

BECAUSE WE DO HAVE SOME THINGS WE NEED TO CLEAR UP. SO. YOU GUYS WANT TO GET THE DISCUSSION I WOULD MOVE THAT THAT WE ACCEPT IT AS IT IS OKAY. ALL RIGHT OKAY. SO AT THIS POINT I WOULD ASK THE COMMISSION IF THERE'S NO OBJECTION THAT YOU ACCEPT MR. CASA'S EVIDENCE FROM THE NOVEMBER 6TH PRESENTATION AND THE INFORMATION THAT HE PROVIDED TO YOU. AND WE UNDERSTAND HE MAY HAVE, BUT I WANT YOU TO AT LEAST CONSIDER ACCEPTING THAT INTO THE RECORD NOW. YEP. IS THAT WE HAVE A UNANIMOUS CONSENT ON THAT. YES. SECOND. YES. OKAY. THANK YOU.

WHEN WOULD YOU LIKE MR. COSTA TO PRESENT HIS ADDITIONAL OR DO YOU WANT TO DISCUSS. IT IS BEFORE WE DO THAT I BELIEVE YOU HAD SOME ADDITIONAL INFORMATION YOU WANTED TO GIVE. AND THEN THAT HE MADE, YOU KNOW, AT THAT POINT, YOU MAY OR MAY NOT EVEN NEED TO GIVE THE ADDITIONAL.

YEAH, I NEED HELP WITH MR. COSTA, TO BE HONEST WITH YOU OR HIS REPRESENTATIVE, BECAUSE I NEED TO KNOW HOW HIGH THE COLUMNS ARE. I NEED TO KNOW CENTER TO CENTER, THE SEPARATION FOR THE COLUMNS. AND I NEED TO KNOW WHAT THE METAL ELEMENTS OR THE IRON ELEMENTS ARE GOING TO BE FOR THE FENCE. AND I NEED TO KNOW IF IT'S GOING TO GO ON THE FRONT OF THE PROPERTY IN EITHER. I'M KIND OF DISORIENTED. I DON'T KNOW IF THE WHAT IS THE THE TOP OF THE YOUR HOUSE FACES THE STREET. CORRECT. AND THAT FACES. YEAH. NORTH NORTH. OKAY. SO WHETHER IT RUNS DOWN THE EAST AND WEST SIDES OF THE HOUSE AND HOW FAR RIGHT. THERE'S NO NEED TO SWEAR HIM IN AGAIN SINCE YOU'VE ALREADY SWORN HIM IN. IS THAT ACCURATE? YES. OKAY THEN. YEAH.

THAT'S FINE. UNANIMOUS CONSENT THAT ALLOWED HIM TO BEGIN. SO YOU GOT YOU GOTTA MAKE A MOTION.

YEAH. LET ME LET ME GIVE HIM THE. THE THE OATH. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH? WHOLE TRUTH AND NOTHING BUT THE TRUTH. OKAY, SO AT THIS POINT, YOU MAY NOW ACCEPT HIS REPRESENTATION THAT ALL THAT TESTIMONY IS PROPERLY IN THE RECORD. AND AS PART OF THE RECORD IN THIS CASE, IN THIS CASE, IN THIS CASE. NOW, DO YOU WANT TO HAVE A DISCUSSION? DO YOU WANT TO ASK HIM QUESTIONS? WHATEVER HE'S COMFORTABLE WITH DOING? OBVIOUSLY I NEED TO. I TOLD YOU WHAT I NEED TO KNOW TO WRITE THE APPROPRIATE ORDER. IF YOU DECIDE TO CONTINUE TO GO AHEAD AND ALLOW THE VARIANCE. ALL RIGHT. WELL, YEAH, WE'LL LET YOU GO AHEAD AND GIVE YOUR

[00:15:05]

CORRECT. IS IT IS IT GOING TO GO PERPENDICULAR AT THE PROPERTY LINE AS IT GOES SOUTH? I WOULD I WOULD LIKE THE ABILITY TO BRING IT PERPENDICULAR TO THE FRONT OF MY HOUSE, WHICH IS 140FT BACK, WHICH WAS ANOTHER POINT THAT I'D LIKE TO CLARIFY, AND THAT WAS THAT MY HOUSE WAS A LITTLE HALF NORMALLY SETBACK. IF YOU MEASURE ALL THE HOUSES ADJACENT

[00:20:01]

IT'S LOCATED IN IN ACCORDANCE WITH THE ORDINANCE FOR SF TEN, YOU JUST HAVE A DEEP FRONT YARD.

SO IT WOULD IT GO SOUTH TO THE FRONT BUILDING LINE OF YOUR HOUSE. WOULD THAT BE AN ACCURATE WAY TO DESCRIBE IT? CORRECT. OKAY. PAVED ROAD ACTUALLY DOESN'T HAVE A SIDEWALK. NO, IT DOES NOT. I DON'T OWN THE PROPERTY UP TO THE STREET. THERE'S AN EASEMENT FOR THE UTILITY LINES AND EVERYTHING ELSE. I WOULD BUILD OFF OF THE EASEMENT. IT'S ILLEGAL TO BUILD. AND THAT EASEMENT, OBVIOUSLY, BECAUSE THEY MAY NEED TO USE IT. AND THAT'S ABOUT 15FT BACK FROM THE ROAD, GIVE OR TAKE. OKAY. AND MY PLAN IS TO GO TO THAT LINE AND IT'S CLOSE TO UNIFORM. IT WAS. THE OTHER IS THE EASEMENT ON YOUR PROPERTY OR DOES YOUR PROPERTY BEGIN WHERE THE EASEMENT IS? EASEMENTS ON MY PROPERTY. OKAY. SO IF I PUT IT AS MEASURED 15 ON THE FRONT 15 FOOT FROM THE EDGE OF THE EASEMENT SOUTHWARD, THAT WOULD BE RIGHT. RIGHT. THAT WOULD BE. SO I WOULD HAVE TO DOUBLE CHECK THAT. BUT I BELIEVE THAT'S CORRECT. OKAY. FROM THIS, FROM THE ASPHALT OF THIS, FROM THE AS MEASURED FROM THE ASPHALT.

YES, SIR. ALL RIGHT. I CAN DO THAT. I GOT THAT OKAY. AND THEN IT WILL GO SOUTH TO THE FRONT BUILDING LINE WITH THE SAME ELEMENTS, JUST AS A MATTER OF COST. I WAS PLANNING ON.

TURNING THAT MAYBE 10 OR 20FT AND THEN TURNING IT INTO A. JUST A CHAIN, LIKE A CHAIN LINK FENCE, BUT COATED IN BLACK. CURRENTLY THERE'S ALREADY FENCING THERE, BUT FENCES ARE EIGHT FOOT CHAIN LINK FENCES THAT ARE ALL RUSTED AND, 14 YEARS OLD. IS THAT FENCE YOUR FENCE OR IS IT THE ADJACENT PROPERTY ADJACENT? BUT WE WOULD SHARE IT AND COME TO AN AGREEMENT ON THAT. I JUST WANT TO MAKE IT LOOK A LITTLE BIT, YOU KNOW, IT'S BEFORE I WAS THERE, THE PROPERTY VACANT, A LOT OF TREES AND THINGS LIKE THAT FELL DOWN, AND BROKE. THE FENCE COMPARED TO FENCE IS PRETTY. I HAVE VIDEO OF IT, BUT THAT ASIDE, FENCES ARE PRETTY ROUGH SHAPE. YEAH, THEY ARE VERY ROUGH. SO I WOULD JUST UPGRADE THOSE AND INSTEAD OF JUST BEING GALVANIZED STEEL, HAVE THEM BE A, YOU KNOW, A NICE BLACK COATED FENCE THAT IS MORE OR LESS NOT AS VISIBLE AND AS MUCH NICE. I'M KIND OF CONFUSED WITH THE DIFFERENT MATERIALS. INITIALLY, I BELIEVE OUR CITY COUNSELOR ASKED WHETHER OR NOT THE MATERIALS THAT YOU WERE GOING TO USE WAS IN KEEPING WITH WHAT THIS BOARD HAD APPROVED. AND AND THAT WAS A WROUGHT IRON LIKE MATERIAL THAT WOULD BE CLOSE ENOUGH TO YOUR NEIGHBOR, RIGHT? YES. YEAH.

YES. AND I WANT TO BE CLEAR THAT WE'RE HERE. AND MY UNDERSTANDING WAS THAT YOU WERE PRESENTING A VARIANCE FOR YOUR PROPERTY, NOT NECESSARILY YOUR NEIGHBORS. RIGHT. OKAY. OKAY.

PROBABLY COME TOGETHER. OKAY? OKAY. BUT WHAT HAS ME CONCERNED IS THAT NOW YOU'RE TALKING ABOUT A DIFFERENT MATERIAL. WITH THE WITH THE CHAIN. AND THAT IS TYPICALLY STEEL. SO MAYBE I MADE THIS CLARIFICATION WHEN WE SPOKE LAST ON NOVEMBER 6TH. WE MADE A POINT OF ORDER

[00:25:04]

YES, YES. AND SO I WAS TRYING TO OKAY, I DON'T WANT TO SPEND THE MONEY TO DO. OKAY. IRON ON THE SIDE FOR ALMOST, YOU KNOW, LIKE A QUARTER MILE, RIGHT. WHICH IS DIFFERENT. THAT'S, THAT'S AN ENTIRELY DIFFERENT. ASK IF YOU WOULD LIKE TO IF YOU WANT TO KEEP IT ISOLATED TO THE FRONT. I WAS JUST TRYING TO ANSWER SOME QUESTIONS AND SOME CLARITY THAT WAS ASKED. BUT THE FRONT IS REALLY MY MAIN CONCERN. I CAN, YOU KNOW, FIGURE OUT THE SIDE FOR HERE. HERE'S PART OF THE PROBLEM. HERE'S PART OF THE PROBLEM. THE FRONT YARD IS THE FRONT YARD. AND IT SAYS NO FENCE. HE NEEDS A VARIANCE FOR ALL OF HIS FRONT YARD FENCE AS IT RUNS NORTH AND SOUTH, AS WELL AS EAST AND WEST. IT'S NOT JUST THE PART THAT'S PARALLEL. IT GOES. THAT'S THAT'S WHAT YOU'RE ASKING. AND THAT'S WHAT YOU THOUGHT YOU WERE GRANTING THAT THAT'S WHERE I WAS. YOU THOUGHT YOU WERE GRANTING A VARIANCE FOR HIS FRONT YARD FENCE. NOT JUST THE PART THAT'S PARALLEL, BUT THE WHOLE FENCE. THAT'S WHAT YOU'RE ASKING. NOW, AM I GRANTING A VARIANCE? YES.

YEAH. AND OR ALL OF THE FENCE THAT'S IN THE FRONT YARD. HE THAT BECAUSE THAT'S WHAT HE NEEDS. BUT THAT'S NOT WHAT. THAT'S NOT WHAT YOU THOUGHT YOU WERE DOING. AND THAT'S WHY I WAS HAVING DIFFICULTY WRITING THE ORDER. BECAUSE NOW I GO, WHAT ABOUT THE SIDE PARTS OF THE FRONT FENCE? BECAUSE WHAT ALL THE TESTIMONY WAS, IS ABOUT THE PART THAT WAS ON THE VERY FRONT. RIGHT. BUT IT ALSO INCLUDES ALL THAT THAT RUNS BACK SOUTHWARD ON THE EAST AND WEST SIDE OF HIS LOT. THAT WAS NOT, AT LEAST I CAN SPEAK FOR MYSELF. THAT WAS NOT MY UNDERSTANDING. DOES THAT CHANGE KIND OF A LITTLE BIT? YEAH, I THINK I THINK SHE'S SHE UNDERSTANDS YOUR REQUEST FOR THE VARIANCE. AND IF I RECALL, MISS WASHINGTON'S ISSUES, THEY WERE ABOUT MAKING SURE THAT THE FRONT OF THE FENCE, THE FRONT YARD FENCE WAS GOING TO LOOK.

EXACTLY NOT THAT'S WHERE IT'S DIFFICULT TO SAY. I WANT TO DO WHAT MY NEIGHBOR DID BECAUSE SHE WAS THINKING YOU WERE JUST TALKING ABOUT THE PART THAT'S PARALLEL WITH THE ROADWAY ON CRAVEN, BUT NOT THE WHAT I CALL THE SOUTHWARD EAST WEST ELEMENTS, WHICH IS ALL A FRONT YARD FENCE. SO IF YOU WANT TYPICALLY YOUR FENCE WOULD BE ALL THE SAME ALL THE WAY IN THE FRONT YARD. YES. TO CLARIFY WHICH, I MATCHED THE NEIGHBOR'S FENCE. THE NEIGHBOR CURRENTLY HAS EXACTLY WHAT I'M DESCRIBING. THEY HAVE BRICK AND WROUGHT IRON. LOOK ACROSS THE FRONT AND THEN THEY HAVE AN EIGHT FOOT TINGLING GOING DOWN. AND THAT FENCE IS ABOUT 40 YEARS OLD, SO I'M HAPPY TO LEAVE IT THERE. IF IF THERE'S A REASON WHY YOU ALL WOULD BE AGAINST ME IMPROVING THAT. BUT THERE'S A LIMIT TO HOW MUCH I WANT TO IMPROVE. MY NEIGHBOR'S FENCE IS ALL. BUT CERTAINLY MY INTENT IS TO MATCH THE NEIGHBORHOOD, THE PASSENGERS AND MY NEIGHBOR ON ONE SIDE IS JUST ALL CHAIN-LINK FENCE. THERE'S A WORK OF MY FENCE, AND MY NAME ON THE OTHER SIDE IS ALSO ALL CHAIN-LINK FENCE ALL THE WAY BACK ON THE SIDES. NOBODY IN THE ENTIRE NEIGHBORHOOD HAS ANY BRICK OR IRON DOWN THE SIDE. THE LENGTH OF THE PROPERTIES. THOSE ARE QUITE EXPENSIVE FENCES, AND IT'S NOT FEASIBLE BECAUSE OF THE WAY THAT THE LOT IS SHAPED.

AND THERE'S ALSO A CREEK THAT GOES THROUGH IT. TO BUILD A, YOU HAVE TO BUILD A BRIDGE AND ALL KINDS OF STUFF TO GET OVER IT, WOULDN'T IT WOULDN'T IT WOULD NOT MATCH THE NEIGHBORHOOD OR THE NEIGHBORS. IF I WERE TO TAKE THAT AND CONTINUE IT 150FT PLUS OR EVEN 140FT THIS WAY, IT WOULD LOOK QUITE STRANGE IN THE NEIGHBORHOOD AND NOT WHAT THE

[00:30:07]

TRYING TO OPERATE, TRYING TO WORK SOMETHING OUT. THERE IS A TEXAS STATE LEGISLATION THAT DOES MAKE IT VERY CLEAR ON THESE TYPES OF THINGS, BUT I DON'T WANT TO GET INTO THAT. I HAVE RETAINED AN ATTORNEY IN ORDER TO ENFORCE THE DECISION, BUT I WOULD. MY GOAL IS TO WORK WITH THE COMMUNITY TO TRY AND COME TO RESOLUTION. THAT IS IN LINE WITH THE NOVEMBER 6TH AND HONOR THAT AND TRY AND DO THAT IN A WAY THAT DOESN'T LET MR. HAGER IN DIFFICULT SITUATIONS.

AND ALSO. DOESN'T INJURE ME BASED ON THE DECISION WE MADE. RIGHT. AND LIKE LIKE I SAID, THIS IS THE REASON WHY WE'RE SEEKING CLARITY, BECAUSE IT SOUNDS LIKE WHAT WE APPROVED THE FIRST TIME ISN'T EVEN WHAT YOU WERE. IF THEY DON'T, THEY DON'T MATCH. YOU'RE SAYING IF THE THE THE FENCE IS GOING TO BE IN THE, FOR LACK OF BETTER WORDS BECAUSE I'M GOING TO USE THE WRONG WORDS AND YOU CAN CORRECT MY WORDS IN THE, THE FRONT PART THAT EVERYBODY ELSE CONSIDERS THE FRONT PART, BUT IN WHICH IS WHAT WE VOTED FOR. BUT IN REALITY, FRONT IS CONSIDERED BOTH THIS AND THIS. SO WE WOULD NEED CLARITY IF WE HAVE TO AMEND THE, THE MOTION AND THEN HOPEFULLY, YOU KNOW, WE'LL SEE AT THAT POINT IF YOU, IF WE HAVE THE VOTES FOR THAT.

YEAH. AND I HAD PROBLEMS BECAUSE I COULDN'T WRITE I THINK IT WAS VAGUE AND THAT'S WHY I COULDN'T WRITE THE ORDER BECAUSE NORMALLY I IF I'M NOT HERE, I GO BACK AND WATCH TAPE AND WRITE THE ORDER. AND THAT'S WHEN I CALLED THE STAFF AND I SAID, I CAN'T WRITE AN ORDER FOR THIS BECAUSE I'M NOT SURE, BECAUSE THE FRONT YARD FOR THIS OLD LAWYER IS THE FRONT YARD.

THAT'S EVERYTHING FROM THE FRONT BUILDING LINE TO THE PROPERTY LINE IN FRONT OF THE HOUSE. AND SO THE REQUEST WAS FOR A VARIANCE FOR THE FRONT YARD FENCE. THAT'S ALL OF THE FENCE, NOT PART OF THE FENCE. AND I RESPECT MR. KAPPA. THAT'S NOT WHAT HE WAS ASKING FOR.

WHAT HE WAS ASKING FOR IS HE WANTS THE FRONT TO BE COLUMNS. I WROTE DOWN ORNAMENTAL METAL, WHICH IS FINE. I THINK THAT MEETS DECORATIVE METAL. IF IT'S ORNAMENTAL STEEL TEMPERED OR WHATEVER IT IS. I THINK I CAN WRITE THAT PART. NOW. I'M CONCERNED THAT YOU'VE GOT A CHAIN LINK FENCE 10FT OR 8FT HIGH, RUNNING DOWN THE SIDES OF THIS PROPERTY. I DON'T KNOW WHEN THESE OTHER FENCES WERE BUILT. THEY MAY HAVE BEEN BUILT BEFORE THIS ORDINANCE WENT INTO EFFECT, I DON'T KNOW. SOME OF THOSE HOMES HAVE BEEN THERE FOR A NUMBER OF YEARS, NOT AS LONG AS I'VE BEEN HERE, BUT ALMOST SO. I THAT'S PART OF THE PROBLEM, IS THE VAGUENESS OF IT.

AND SO IF IF HE'S ASKING THAT HE WANTS A WHAT I BELIEVE I HEARD HIM SAY WAS CHAIN LINK

[00:35:04]

SO MY POSITION IS THAT YOU GUYS HAVE GRANTED A VARIANCE FOR THE FRONT OF THE FENCE. YES. NOT THE SIDE EFFECTS. ANYTHING ON THE SIDE OF THE FENCE TODAY WOULD BE EXTRA AND DIFFERENT THAN WHAT WE HAD EVER DISCUSSED NOVEMBER 6TH. NOW, IF MR. HAGER WOULD LIKE TO HAVE THE SIDE OF THE FENCE INCLUDED OR NOT, THAT IS UP FOR Y'ALL TO DECIDE. BUT WHAT'S NOT UP TO THE SIDE, IN MY OPINION, IS FRONT, WHICH IS ALREADY VOTED ON AND AGREED ON. THE FRONT WAS WAS ALREADY VOTED ON AND AND BE MATCHING THE NEIGHBORHOOD'S BY WROUGHT IRON MATERIAL AND BRICK AS YOU SUGGEST. SO I'M GOING TO 100% AGREE. NOW THE SIDE FENCES ARE ALREADY. THAT IS WHAT THE WHOLE NEIGHBORHOOD IS FULL OF ALREADY IS SIDE FENCES WITH GOATS, HORSES, CHAIN LINK. THAT'S WHAT THE NEIGHBORHOOD IS. THESE ARE LARGE, LOTS OF COUNTRY STYLE LOTS. THAT'S WHAT THAT WAS, THE WHOLE NEIGHBORHOOD. IF YOU FEEL COMPELLED FOR ONE REASON OR ANOTHER TO NOT HAVE THE UPGRADE, THE FENCES THAT ARE THERE, I'M OKAY WITH THAT BECAUSE AS YOU MENTIONED, THAT WAS NOT PART OF THE AGREEMENT. AND I WILL NOT HOLD THAT AGAINST YOU BECAUSE I 100% AGREE WITH YOU. ALL RIGHT.

NOW I, I WILL SAY THIS. THE REST OF THE FENCE, IF IT WASN'T DISCUSSED ON THE SIXTH, THEN YOU DON'T HAVE ANYTHING ELSE BEFORE YOU OTHER THAN THE FRONT, AND YOU CAN GIVE HIM THE FRONT.

AND HE DOESN'T HAVE A VARIANCE TO PUT ANYTHING UP OTHER THAN A FOUR FOOT FENCE ALONG THE EAST AND WEST BOUNDARIES OF HIS PROPERTY, BECAUSE HE DIDN'T ASK FOR A VARIANCE, HE JUST TOLD YOU HE DIDN'T ASK FOR THAT VARIANCE. SO I WILL APPLY FOR A DIFFERENT VARIANCE, A DIFFERENT TIME FOR THAT, WHICH IS A LITTLE BIT OF A HASSLE. AND BUT IT IS 100% IN AGREEMENT WITH YOU. WE DID NOT MENTION SIDE FENCES. I THINK MR. HAGER HAS A SMART POINT OF WHAT WILL BE ON THE SIDE, BUT THAT IS, YOU'RE NOT THERE RIGHT? SO NOW LET ME ASK YOU FOR A VARIANCE FOR THAT.

I WANT TO KNOW NOW, ATTORNEY. NOW, DOES THAT ANSWER YOUR CONCERN THAT YOU CAN WRITE A.

YEP. OKAY. THAT AT THE NORTH OR AT WHAT I'LL CALL THE NORTH PROPERTY LINE 15FT. HE CAN BUILD COLUMN AND ORNAMENTAL AT THE HEIGHT. I NEED A HEIGHT. I GOT TO PUT A HEIGHT IN THERE.

BUT TO THE TALLEST POINT IN SEVEN FOOT SIX THE LOWEST. OKAY, THAT'S THE COLUMNS. WHAT I, I WENT OUT AND MEASURED AND THE METAL IS AT SIX ONE. YES, I THINK THAT'S RIGHT. SO I'LL WRITE THAT IN THERE IF THAT'S OKAY. JUST TELL ME WHAT THE NUMBER IS TO TO CLARITIES BEFORE WE BEFORE WE TELL YOU WHAT THE NUMBER IS. YEAH. SO THE TWO CLARITIES THAT, THAT, THAT WE WANT TO MAKE SURE JUST WE'RE ALL ON THE SAME PAGE. THE ONE IS THAT THERE IS NO NEED FOR A NEW VOTE BASED OFF OF WHAT YOU SAID IS THAT THAT IF HE HAS CONSENTED, RIGHT, THAT WE'RE NOT ALL HE WAS ASKING FOR WAS ON THE NORTH PROPERTY LINE. SO AND IT'LL HAVE TO TIE IN TO THE NEIGHBOR TO THE EAST AND TO THE WEST. RIGHT. GOT YOU. AND HE DOES NOT HAVE A VARIANCE FOR THAT, FOR THAT, THAT HE'LL HAVE TO APPLY FOR ANOTHER ONE. FOUR FEET. YES. THAT'S WHAT THE

[00:40:02]

IT, ALL RIGHT? BUT EVEN SO WE JUST NEED I CAN I CAN HANDLE THAT. SO WE NEED SOMEBODY TO AMEND THE MOTION TO I MEAN TO AMEND THE. WELL IT'S REALLY KIND OF CLARIFYING AND AMEND THE PRIOR ORDER AND ASK ME TO WRITE WHAT IT IS YOU DID. YEAH. TONIGHT AND THEN AND I'LL WRITE THAT UP. I'LL WORK I'LL WORK WITH MR. CASA AND HIS ATTORNEY TO MAKE SURE THAT WE WRITE WHAT YOU WANT. YES, YES, JUST. YEAH. WELL. OH, YOU CAN JUST WANTED TO CLARIFY WHAT HE LIKE. MR. HAGER MENTIONED IT WAS NOT ABOUT THE MATERIAL, AND I KNOW THAT CAME UP. IT'S ABOUT THE HEIGHT. THE BIGGEST THING IS BECAUSE WE ARE JUST TRYING TO FOLLOW THE ORDINANCE TO WHERE THE MAXIMUM IS FOUR. AND SO WHAT YOU APPROVED PREVIOUSLY OR WHAT HE REQUESTED WAS TWICE THE HEIGHT. WE DID PROPOSE A A MIDDLE GROUND WITH MR. CASA OF FOUR FEET AT HIS PROPERTY LINE AND THEN EIGHT FEET AT HIS BUILD LINE, WHICH WOULD BE CLOSER TO WHERE HIS HOME IS ACTUALLY BUILT. SO JUST WANTED TO PROVIDE CLARITY THAT GOING TO BUILD A FENCE BACK TO THE HOUSE, THAT'S WHAT I'M JUST GOING TO BUILD. THAT'S WHAT I'M SAYING. SO WE WE AS A COMPROMISE, THAT'S WHAT TO HAVE THE TO HAVE BOTH BECAUSE WE WERE TRYING TO GET FROM HERE.

WHAT SHE WANTS IS SHE, HE SHE DOESN'T WANT CHAIN LINK FENCE. SO THE WHOLE THING TO CARRY ALL THE WAY BACK. CORRECT. THAT'S NOT WHAT HE WANTS TO DO I GOT IT. YEAH. I JUST WANTED TO JUST FOR CLARITY AND ALSO CHAIN LINK IS ALLOWED IN RESIDENTIAL. SO CHAIN LINK WROUGHT IRON AND ANY OTHER DECORATIVE METAL IS ALLOWED. SO JUST A CLARITY POINT OF AS LONG AS YOU BUILD THE FOUR FEET I DON'T CARE. I JUST WANTED TO CLARIFY. YEAH. THANK YOU. IF IT'S IF IT'S A PERMITTED MATERIAL, HE CAN BUILD IT AS LONG AS IT DOESN'T. FROM A BUILDING PERSPECTIVE.

THAT COMPROMISE WOULD BE SIMILAR TO IF YOU HAD A PAIR OF BROWN SHOES ON AND YOUR WIFE WANTED TO WEAR A PAIR OF BLACK SHOES, AND YOU DECIDED TO WEAR ONE BLACK AND ONE BROWN SHOE, RIGHT? THAT'S NOT A SENSIBLE COMPROMISE. THAT WOULD BE THAT WOULD THAT WOULD BE HORRENDOUS FOR THE NEIGHBORHOOD TO TO BUILD A FENCE FOR 140FT OFF THE ROAD IN FRONT OF THE HOUSE, THAT WOULD JUST LOOK THAT WOULD BE RIDICULOUS. SO I'M NOT OPEN TO THAT COMPROMISE BECAUSE THAT'S THAT WOULD BE WELL, WE'RE NOT TALKING ABOUT COMPROMISE. WE'RE NOT WE'RE TALKING ABOUT IS WHAT WE APPROVED. WE GOT IT. SO STOP TALKING, EVERYONE. STOP TALKING.

STICK TO WHAT WE'RE TALKING. SO I THINK WE NEED A PLUS OR -SIX INCHES TO THE ELEVATION OF THE NEIGHBOR'S FENCE. AND I WILL TRY TO BUILD MY VERY BEST TO ZERO, TO THE BEST OF MY CAPABILITY TO MATCH EXACT FENCE HEIGHT, BUT PLUS OR -SIX INCHES TO THE ELEVATION. I JUST WANT TO WRITE IT SO THAT WE CAN ISSUE A BUILDING PERMIT. AND I'LL LET YOU IN THE INSPECTOR BATTLE IT OUT. SO WE JUST NEED A SO I WOULD I WILL TRY TO ARTICULATE AS A RESULT OF THE MEETING ON NOVEMBER 6TH, 2025. IN THE MEETING TONIGHT OF MAY, MARCH 5TH, 2026, WE ARE TAKING

[00:45:11]

BRICK COLUMNS WITH ORNAMENTAL FABRICATED METAL ELEMENTS. FOR A DISTANCE OF. WHAT'S THE FRONTAGE? PLUS OR MINUS, LET'S SAY 350FT. BUT IT'S IT'S ON THE PLAN SUBMITTED. YEAH. IT'S IN ACCORDANCE WITH THE PLANS THAT WERE SUBMITTED AS EVIDENCE IN THIS CASE. AND I'LL GO BACK AND PICK THAT UP AND THAT THERE ARE NO. SOUTHWARD ELEMENTS ON THE. EAST AND WEST PROPERTY LINES, NO FENCE, WHATEVER'S THERE, IS THERE NO OTHER FENCE IS BEEN A VARIANCE. GRANTED, HE CAN BUILD WHATEVER FENCE HE WANTS TO AS LONG AS IT MEETS THE CODE, BUT THAT'S THE ONLY VARIANCE YOU'RE GIVING IS ONLY THAT ON THE NORTH PROPERTY LINE AND PLUS OR -SIX INCHES TO THE ELEVATION OF THE NEIGHBORING FENCE. CORRECT. YEAH. YEAH. OKAY. OKAY. YEAH. GOT THAT. I THINK THAT WAS KIND OF I APPRECIATE THE CLARIFICATION THOUGH. AND I'LL WORK WITH SOLOMON TO GET THAT RIGHT. OKAY. BASED ON THE EVIDENCE, GET IT TO BE APPROVED UNANIMOUS CONSENT OR YOU NEED SOMETHING ON THE IF YOU'LL MAKE THAT MOTION TO AMEND YOUR PRIOR DECISION AND CLARIFICATION WITH THE INFORMATION THAT WAS PROVIDED BY MR. CASA AND STAFF AND THE TESTIMONY TONIGHT. SO MOVED SECOND AND I KNOW WHAT TO WRITE. THAT IS I'LL MAKE THAT I'LL MAKE THAT MOTION THAT WE CORRECT IT AND SECONDED TO APPROVE THE VARIANCE. YES. AS CORRECTED BY THE TESTIMONY THIS EVENING. ALL RIGHT. WE HAVE A MOTION AND A SECOND SECRETARY, PLEASE CALL THE ROLL. MR. POPHAM HERE. WHAT'S YOUR VOTE? YES, I VOTE YES. MR. SMITH APPROVED. MISS WILLIS, MISS WASHINGTON APPROVED. MR. RODRIGUEZ APPROVED. OKAY. WE HAVE FIVE ZERO IN FAVOR. ALSO BEEN APPROVED. THANK YOU FOR YOUR TIME. THAT'S NO PROBLEM.

REPORT HERE. THIS IS MISSING SOMETHING. YEAH. YOU GET TO DO THE NEXT ONE. OKAY. EVERYBODY ON WHAT? OKAY, THIS IS OUR LAST CASE. ZBA DASH 2026-100002. REQUEST FROM NATALIE ORTIZ,

[4.B. ZBA-2026-00002: Request from Natalie Ortiz, applicant and owner, for an use variance to operate a group home with a total of ten (10) children in a residential home on real property at the1507 Sharon Drive, Lot 15, Block C, Dannybrook Estates No. 1, City of Duncanville, Dallas County, Texas.]

[00:50:03]

LIKE I MENTIONED, THIS PARTICULAR PROPERTY IS ZONED IN A RESIDENTIAL ZONING DISTRICT, SO THAT IS WHY WE'RE HERE. HER PLANS ARE TO PROVIDE A STRUCTUR, THERAPEUTIC, REHABILITATIVE AND SUPPORTIVE SERVICES FOR ADOLESCENT MALES. VERY REASON THAT WE ARE AT ZBA BECAUSE SHE'S WANTING MORE THAN FOR THE WAY IT'S WRITTEN IN OUR ORDINANCE, IS SHE CAN MAKE A SHE MADE A REASONABLE ACCOMMODATION REQUEST TO HAVE MORE THAT WAS DENIED. AND SO THE NEXT STEP WAS ZBA TO ASK FOR A VARIANCE OF THAT. AND SO THAT'S WHY WE'RE HERE TODAY.

HER HOME, FOUR BEDROOMS, THREE LIVING AREAS, TWO BATHROOMS, A KITCHEN AND SEPARATE DINING AREA. AND THEN THIS IS JUST AN OVERVIEW OF HOW WE DEFINE GROUP HOMES, HOW IT'S WRITTEN IN THE CODE OF ORDINANCES. AND THEN JUST A RECAP OF WHAT I SAID ABOUT THE THE REASONABLE ACCOMMODATION AND THEN LAYOUT OF THE OF HER HOME ON THE FIRST FLOOR AND THEN THE SECOND FLOOR.

AND THEN THESE ARE JUST THE PROCEDURE THAT THAT STAFF FOLLOWS WHEN WE'RE LOOKING AT A VARIANCE AND REVIEWING VARIANCES. AND THEN THE CONDITIONS FOR GRANTING A VARIANCE, STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST TO ALLOW TEN CHILDREN BASED ON THE. THE ORDINANCE READS THAT THERE CAN ONLY BE A MAXIMUM OF FOUR UNRELATED PERSONS. DID YOU HAVE ANY QUESTIONS FOR ME? THE REASONABLE. HOW IS THAT DEFINED? AGAIN, I WAS REASONABLE ACCOMMODATION. YEAH. SO THE WAY IT'S WRITTEN IN OUR ORDINANCE IS YOU CAN SOMEONE CAN MAKE AN, MAKE A REQUEST TO SAY THAT THEY ARE THEY NEED THIS ACCOMMODATION AND THEY HAVE TO PROVIDE A REASON AS TO WHY. SO SHE WROTE ONE OF THOSE SUBMITTED IT. IT WAS DENIED ON JANUARY 21ST OF 2026. AND SO OUR ORDINANCE READS THAT THE NEXT REMEDY OF SORTS TO THAT IS THROUGH ZONING BOARD OF ADJUSTMENT. OKAY. MY CONCERN WAS ABOUT ON THE THE BATHROOMS FOR, FOR FOR TEN JUST TWO BATHROOMS. I MEAN IF I CAN IF THAT'S SOMETHING I CAN BRING UP.

YES, MA'AM. SO THE WAY THAT IT'S LISTED IN THE ORDINANCE AND THERE IS A CERTAIN AMOUNT OF SQUARE FOOTAGE PER ROOM, AND THAT'S THE SAME THING WITH THE BATHROOMS. AND SO I'M NOT MOST PRIVY TO SPEAK ABOUT IT, BUT I BELIEVE BASED ON WHAT WE TALKED WITH THE BUILDING INSPECTOR, THAT THE NUMBER OF BATHROOMS IS ADEQUATE BASED ON THE SIZE OF THE HOME AND FOR CHILDREN, BUT, WELL, FOR CHILDREN, TWO BATHROOMS WOULD BE SUFFICIENT. BUT YOU'RE TALKING ABOUT SEVEN FOR TEN. YEAH. WELL, WHY DON'T WE LET THE I THINK THE APPLICANTS HERE AND LET THEM SPEAK TO IT? NOW, LET ME ASK YOU AGAIN. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'VE GIVEN HERE IS TRUE AND CORRECT? YES. AND IF YOU WERE TO MAKE THAT PRESENTATION, IT WOULD BE THE SAME AS THE PRESENTATION YOU JUST MADE. YES. THANK YOU. ALL RIGHT. SO THAT'S HER PRESENTATION. SO WHY DON'T WE HEAR FROM THE APPLICANT, MR. CHAIRMAN, AND LET THEM MAKE THEIR PRESENTATION AND TELL US WHY THEY THINK THEY'RE ENTITLED TO A REASONABLE ACCOMMODATION? OKAY. YES. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, NATALIE ORTIZ, MY ADDRESS IS 1507 SHARON DRIVE. ALL RIGHT. I'M GONNA LET MR. HAGER SWEAR IN. YOU PROMISE THAT THE TESTIMONY MUST BE. YES. MR. CHAIRMAN, CAN WE ALL GET SWORN IN AT THE SAME TIME? TESTIFY? BECAUSE WE'VE GOT SOME OTHER SPEAKERS THAT ARE GOING TO TESTIFY. YES, SIR. EXCUSE ME.

YOUR NAME? SO? EXCUSE ME AGAIN FOR THE. ALSO. YOU'LL HAVE TWO MINUTES. THANK YOU, MR.

[00:55:11]

NO. UNDERSTAND? YES, YES YES. I WAS LIKE I WOULD HAVE TO RUSH OVER THE TWO MINUTES. YEAH, YEAH. BUT AFTER YOUR PRESENTATION WE'LL ASK QUESTIONS OKAY? OKAY. THANK YOU FOR THE CLARIFICATION. I DO WANT TO CLARIFY THAT TOO THOUGH. YOUR PRESENTATION IS FIVE MINUTES. THAT'S HOW MUCH WE GIVE. THAT'S FINE. WE'RE JUST HANDING OUT A COPY OF THE PRESENTATION WE PREPARED FOR TONIGHT. AND THEN A COPY OF TITLE 12, CHAPTER 12, THE REASONABLE ACCOMMODATION STANDARDS. SO THAT'S WHAT YOU HAVE BEFORE YOU. AND WE'LL WE'LL GET STARTED TO TRY TO FOLLOW ALONG. THANK YOU, MR. CHAIRMAN. EXCUSE ME. AND THIS WAS ALSO, I BELIEVE IN YOUR PACKET. SO YOU CAN EITHER ONE. SORRY. GO AHEAD. LET ME KNOW WHEN IT STARTS. OKAY. SO COUNCIL MEMBERS, WE'RE HERE TO TO TALK A LITTLE BIT ABOUT OUR MISSION. OUR MISSION IS HELPING THE CHILDREN THAT ARE IN NEED THAT ARE IN CASES LESS FORTUNATE THAN US. THAT WAS OUR MISSION IS ON THE SECOND PAGE. AND I KNOW THAT I HAD A LOT OF QUESTIONS OF WHAT IS AN RTC? AN RTC IS A RESIDENTIAL TREATMENT CENTER. EVERY CITY CALLS IT DIFFERENT. DALLAS CITY CALLS IT A GROUP HOME. OTHER CALLS CALLS HIM A LIVING FACILITY. WE CALL IT AN RTC BECAUSE IT'S A RESIDENTIAL TREATMENT CENTER FOR CHILDREN. WE ARE LICENSED.

SO I DO WANT TO STATE THAT EVERYTHING THAT WE DO HOLD EVERY LICENSE, IT'S THROUGH THE STATE. MOVING TO THE FOURTH PAGE, WHO WE ARE. SORRY. YES, WHO WE ARE. WE ARE HELPING HANDS WITH FOR CHILDREN. WE ALSO WORK WITH RADIO CORPORATION, WHICH IS ALSO HELPING HANDS AND THE RIGHT DIRECTION. WHAT WE DO IS WITH TRAUMA INFORMED, RELATIONSHIP CENTERED CARE FOR YOUTH. ON YOUR NEXT PAGE. WE'VE HELPED OVER 200 CHILDREN AND THAT HAVE COME THROUGH OUR PROGRAM, AND THAT SOME OF THEM HAVE BEEN SUCCESSFUL BACK INTO THEIR FAMILIES. WE CURRENTLY HAVE RIGHT NOW AT THE WILLISTON WILLIS, TEXAS. WE CURRENTLY HAVE 22 CHILDREN. EVERY SINGLE CHILD IS. OUR GOAL IS TO GIVE THEM A BETTER PLACE TO LIVE, TO BREAK THE CYCLE, AND TO LET THEM KNOW THAT IT DOESN'T MATTER WHERE YOU WERE BORN, THERE IS A WAY FOR YOU TO CHANGE LIFE. SO WE DO WORK WITH THE COMMUNITY. WE ALSO WORK WITH THE FIRE DEPARTMENT IN WILLIS. WE WORK WITH BUILDERS SUCH AS K HAVEN, D.R. HORTON, PERRY HOMES. WE WORK WITH EVERY BUILDER TO GIVE THEM A STRUCTURED PROGRAM FOR HANDS ON TOOLS, LIFE SKILLS, SO THAT WHEN THEY DO GO OUT INTO THE WORLD, SOME OF THESE CHILDREN DON'T HAVE THE OPTION TO GO BACK TO THEIR LIVES WITH THEIR FAMILY MEMBERS BECAUSE THEY WERE REMOVED FOR A REASON. SO THERE'S SOME CHILDREN THAT DO AGE OUT, AND WHEN THEY DO AGE OUT, WE WANT TO MAKE SURE THAT THEY HAVE THE LIFE SKILLS. IF YOU GO TO OUR SUCCESS STORIES, OUR SMALLEST MEMBER IS GOING TO BE BEAR. HE'S ONLY THREE YEARS OLD. UNFORTUNATELY, HE WAS BORN INTO AN ENVIRONMENT THAT HIS PARENTS CHOSE, CHOSE DRUGS OVER HIM, NOT NOT SAYING ANYTHING LESS. IT DOESN'T MEAN THAT WE DON'T CHOOSE HIM. EVEN IF THE PARENTS DIDN'T CHOSE HIM, WE CHOOSE HIM. AND IF YOU'RE LOOKING FOR THE PAGE IS GOING TO BE WHERE THE BABY IS AT THE PICTURE, OUR TOP PICTURE. IF YOU SEE YOU'RE GOING TO SEE AN ADULT AND YOU'RE GOING TO THINK HE'S AN ADULT, BUT HE'S NOT. HE'S ONLY 15 AND WE HAVE ALREADY GIVEN HIM THREE

[01:00:05]

SAFETY OPERATIONS IN NEIGHBORHOOD RESPECT. WE WILL RESPECT DUNCANVILLE. WE WILL DO STAFF SCREENING. WE WILL CHECK BACKGROUNDS, PROPERTY MAINTENANCE. WE WILL MAKE SURE PROPERTY MAINTENANCE, NO EXPECTATIONS. WE WILL BE IN ACCORDANCE WITH THE ORDINANCE.

IF YOU REQUIRE FOR US TO DO REPORTING, WE WILL DO THAT TO YOU AS WELL. AND WE WOULD LIKE TO BRING ALSO BEAUTIFICATION. SO WHEN THE CHILDREN CAN COME AND WE CAN TRY TO BEAUTIFY IT, NEIGHBORS WITH OUR ELDERLIES, THEY CAN COME OUT, WATCH FIRE TRUCKS, WASH POLICE CARS AND CUT THE YARD OR OR MOWN THE YARD FROM THE NEIGHBORS THAT ARE IN NEED. SORRY, I JUST RUSHED INTO. YOUR LAST NAME FOR ME AGAIN, MISS ORTIZ. ALL RIGHT. JUST WANT TO REMINDER. IF WE WANT TO ASK MISS ORTIZ QUESTIONS, WE NEED TO DO THAT BEFORE THE NEXT PERSON SPEAKS.

IS THAT CORRECT? OKAY. YEAH. FOR THE BOARD, I DO THINK IT WOULD BE PRUDENT FOR US TO ALLOW THE OTHER SPEAKERS AND THEN TO HAVE MISS ORTIZ COME BACK. I JUST WANT TO MAKE SURE EVERYBODY IS OKAY WITH THAT BEFORE WE BEFORE WE TAKE THAT. IS THAT OKAY? THAT'S FINE.

ALRIGHT. SO I JUST WANT TO REMIND YOU THAT YOU ARE UNDER OATH. MISTER CHAIRMAN SANTOS MARTINEZ 2489 CAMINO PLATA LOOP, NORTHEAST RIO RANCHO, NEW MEXICO 87144. I'M JUST GOING TO PICK UP ON THE NEXT PAGE. SO THE REASON WHY WE'RE HERE IS YOUR CHAPTER 12 C TALKS ABOUT THERE'S A LIMIT OF FOUR RESIDENTS THAT CAN BE IN THE HOME. UNLESS YOU MAKE A REQUEST FOR A REASONABLE ACCOMMODATION. AND IN YOUR STANDARD IT SAYS EACH BEDROOM MUST BE A MINIMUM OF 70FT■!S. IF YOU WANT MORE THN ONE PERSON IN THE BEDROOM, YOU NEED AN ADDITIONAL 60FT■!S FOR N ADDITIONAL PERSON. AND SO I'M GOING TO JUMP AHEAD JUST A LITTLE BIT. YOU KNOW, THIS IS ALL IN THIS IS ALL IN YOUR STANDARDS AND YOUR CODES. AND SO IN THE FLOOR PLANS YOU'LL NOTICE THE SIZE OF EACH BEDROOM. THERE'S FIVE BEDROOMS. MOST OF THEM ARE OVER 200FT■!S. AND SO F YOU LOOK AT THE NEXT PAGE THERE'S A CALCULATION. IF YOU TOOK THE 70FT■!S AND THEN YOU AD 60FT■!S FOR EVERY PERSON WE ROUNDED DOWN. SO THE FIRST BEDROOM, YOU COULD LEGALLY HAVE THREE PEOPLE BASED ON THE SQUARE FOOTAGE REQUIREMENTS. BEDROOM. THE BIG BEDROOM, 250FT■!S COULD HAVE FOUR. YOU ACTUALLY HAD YOUR BUILDING INSPECTOR COME TO THE PROPERTY IN DECEMBER AND YOUR QUESTION WAS ABOUT BATHROOMS. SO THE BUILDING INSPECTOR CAME OUT TO LOOK AT EACH BEDROOM TO CALCULATE IN HIS PERSPECTIVE UNDER THE BUILDING CODE, HOW MANY PEOPLE COULD BE IN EACH ROOM. AND THAT NUMBER IS LISTED HERE AT 12. SO IF YOU JUST DID THE BASIC MATH OF ONE PERSON FOR EVERY 60FT■!S, PLUS 70 FOR THE FIRST ONE, YOU GET TO 15.

YOU'RE BUILDING INSPECTOR CAME OUT IN DECEMBER AND SAID, WE WOULD ONLY GRANT YOU 12. WE'RE

[01:05:02]

AND SO WE WOULD BE IN COMPLIANCE WITH THAT. BUT I JUST WANTED TO POINT THIS OUT OF HOW WE WOULD SATISFY THE CODE. THANK YOU. SIR. STATE YOUR NAME AGAIN FOR THE RECORD.

AND THEN JUST WANT TO REMIND YOU YOU'RE UNDER OATH. YES. MY NAME IS JOSEPH BENAVIDEZ. FIRST OF ALL. GOOD EVENING, COUNCIL MEMBERS AGAIN. MY NAME IS JOSE BENEVIDES. AND EVEN THOUGH I AM NOT A MINER. EXCUSE ME. YES, PLEASE PROVIDE YOUR ADDRESS. OH, SORRY. I'M SO SORRY. 70. MY ADDRESS? YES. 7846 MIRAGE VALLEY DRIVE, DALLAS, TEXAS. 75 232. THANK YOU. YES. YOU CAN.

YES. AGAIN. MY NAME IS JOSEPH BENAVIDEZ, AND EVEN THOUGH I AM NOT A MINER AND I AM NOT PHYSICALLY PART OF THE PROGRAM, I DO WANT TO SHARE A LITTLE BIT OF MY INVOLVEMENT WITH THE PROGRAM IN ITSELF. THERE IS A LITTLE BIT THAT I CAN RELATE, YOU KNOW, WITH THESE, WITH THESE CHILDREN. THERE'S A LOT THAT I COULD ACTUALLY RELATE WITH THESE CHILDREN, A LOT OF THESE CHILDREN, YOU KNOW, THEY COME FROM BROKEN PARTS OF OF FAMILY. YOU KNOW, A LOT OF THESE CHILDREN, THEY THEY COME FROM BROKEN HOMES. THEY COME FROM A BROKEN BACKGROUND. ME PERSONALLY, I COULD ACTUALLY TESTIFY TO THE FACT THAT, YOU KNOW, MY MY FATHER, HE WAS NEVER REALLY ACTUALLY PRESENT WITHIN MY LIFE. THERE'S THERE'S A PART WHERE YOUR FATHER COULD ACTUALLY BE THERE, BUT HE'S NOT ACTUALLY PRESENT. HE'S NOT PHYSICALLY THERE. WHENEVER YOU HAVE THAT HOLE IN YOUR LIFE, YOU KNOW, YOU KIND OF TRY TO FILL IT UP WITH ANYTHING ELSE.

YOU CAN FILL IT WITH DRUGS, WITH ALCOHOL YOU COULD FILL IT WITH, WITH BAD FRIENDSHIPS, YOU KNOW, WITH BAD COMPANY AND BAD COMPANIONSHIPS. AND I WAS A PART OF THAT. I AM A RECOVERING ALCOHOLIC. I ACTUALLY AM A FORMER ALCOHOLIC FOR 415 DAYS SOBER, COUNTING TODAY. AND AND I'M HAPPY. AND I'M ACTUALLY GLAD THAT I WAS ABLE TO ACTUALLY ESCAPE THAT PART OF THAT LIFE. AND THAT'S MY WAY OF WANTING TO GO AHEAD AND PAY IT FORWARD WITH THESE CHILDREN AND ACTUALLY HELP THEM WITH, WITH WITH WHAT? WITH THE SITUATIONS THAT THEY HAVE GOING ON. A LOT OF THESE CHILDREN, YOU KNOW, THEY THEY HAVE SUICIDAL THOUGHTS, THEY HAVE DEPRESSION THOUGHTS. I COME FROM THAT. A LOT OF THESE CHILDREN, THEY THEY'RE GOING THROUGH THE MOTIONS. I'VE BEEN THERE AS WELL. YOU KNOW, I CAN RELATE A LOT WITH THEM. AND THAT'S MY WAY OF WANTING TO GO AHEAD AND PAY IT FORWARD WITH THESE CHILDREN, TO ACTUALLY GIVE THEM GUIDANCE AS WELL, AND ACTUALLY GO AHEAD AND HELP THEM TO SEE THE LIGHT AT THE END OF THE TUNNEL, THAT THERE'S MORE TO WHAT THEY'VE ACTUALLY BEEN SEEING. CELEBRATE YOU, SIR, AND THANK YOU FOR YOUR PRESENTATION. YES, MA'AM. PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS RENATA DE LA PAZ AND MY ADDRESS IS 753 EAGLE DRIVE, COPPELL, TEXAS, 75 OH 19 YOU SAID COUPLE.

COPPELL, TEXAS. OKAY. AND DO YOU WANT BEFORE YOU SPEAK? I DO WANT TO REMIND YOU UNDER OATH.

WELL GOOD EVENING, CITY OF OF CONSULT MEMBERS. MY NAME IS RENATA DE LA PAZ. I'M 17 YEARS OLD, AND IN MY LIFE I HAD THE OPPORTUNITY TO LIVE IN A HOUSE WHERE I FEEL SAFE AND STABLE AND WITH PEOPLE THAT SUPPORT ME IN MY EVERYDAY LIFE AND CARES ABOUT ME. I THINK THAT EVERYBODY, EVERY KID, DESERVES TO HAVE THIS OPPORTUNITY TO LIVE IN A SAFE PLACE WITH PEOPLE THAT CARES ABOUT THEM. AND I'VE MET SOME OF THESE KIDS OF THIS ASSOCIATION, AND I'VE SEEN THEY'RE HAPPY. THEY'RE THEY FEEL SAFE IN THIS PLACE. THEY HAVE PEOPLE THAT SUPPORT THEM IN THEIR EVERYDAY LIFE. AND I FEEL THAT THIS IS THE WAY THAT EVERYBODY OR EVERY KID SHOULD LIVE AND DESERVES TO LIVE. THANK YOU. GOOD EVENING. STATE YOUR NAME AND ADDRESS OF THE ROOM. YES. STATE YOUR NAME AND ADDRESS FOR THE RECORD. OKAY. YEAH. MY NAME IS JOSE HERRERA. MY ADDRESS IS 1000 GULCH DRIVE, PRINCETON, TEXAS 75407. AND JUST FOR YOU, YOU

[01:10:08]

YEAH. WE DIDN'T HAVE ANY COMMENT CARDS SUBMITTED, BUT JUST THE RESPONSES WITH THE LETTERS THAT WE SENT. UNDERSTOOD. AND YEAH, THAT WAS THE REQUEST. IF THERE'S ANYBODY ELSE THAT WOULD LIKE TO SPEAK, YOU WOULD NEED TO COME COME UP THOUGH. WELL I'M IN OPPOSITION.

OH OKAY. YES, YES YOU WOULD NEED TO COME COME UP. RIGHT. OKAY. AND AFTER AFTER YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, WE'LL WE'LL NEED TO SWEAR YOU IN. OKAY? OKAY. ALL RIGHT. GO AHEAD. STATE YOUR NAME AND YOUR ADDRESS. REGINA DELAY, 206 TIMOTHY TRAIL, DUNCANVILLE, TEXAS, 75137. ALL RIGHT, WE'LL RAISE YOUR RIGHT HAND. DO YOU SAY I. I SPEAK YOUR NAME, REGINA. DELAY. DO YOU PROMISE TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES, SIR, I DO THANK. ALL RIGHT. OKAY. ARE WE READY? I DO THINK THE GROUP HOME IS GOOD. I THINK IT IS TOO MANY. IF THEY'RE SAYING TEN, I'M WONDERING, IS IT TEN CHILDREN PLUS THE ADULTS THAT WILL BE THERE OR IS TEN? THE TOTAL NUMBER THAT THAT QUESTION I YOU KNOW, THEY KEEP SAYING TEN EACH TESTIFY. OH I'M SORRY IF IF I JUST KNOW YOU KEEP GOING. YOU'RE YOU'RE GOOD.

OKAY. JUST KEEP GOING. SO WE'LL ASK THAT QUESTION IF IT COMES UP. OKAY. IT HAS COME TO MY ATTENTION THAT THEY DID A LOT OF WORK TO THAT HOME WITHOUT PERMITS. AND THEY INDICATED TO THE CITY OF DUNCANVILLE THAT THE WORK WAS DONE BEFORE THEY PURCHASED THE HOME. IF THEY'RE LYING TO THE CITY ABOUT THAT, WHAT ELSE WILL THEY LIE TO THE COMMUNITY ABOUT? SO I WOULD LIKE TO KNOW THE ANSWERS TO THAT. I HAVE MET MISS ORTIZ ALREADY. WE HAD A REALLY GOOD CONVERSATION. SHE HAD INDICATED THIS WOULD BE AN OVERFLOW FROM THEIR FACILITY IN THE HOUSTON

[01:15:03]

COMPLETELY UNDERSTAND. ARE THERE ANY OTHERS THAT WOULD LIKE TO SPEAK IN REGARDS TO.

THIS ORDINANCE? ALL RIGHT. CAN YOU COME TO THE. CAN YOU STATE YOUR NAME AND YOUR ADDRESS AND THEN WE'LL SWEAR YOU IN AFTER THAT? SURE. HOLLY BOYTER 210 TIMOTHY TRAIL, DUNCANVILLE, TEXAS 75137 MR. HAGER. HE FELL ASLEEP. I'M SORRY. YOU RAISE YOUR RIGHT HAND. I WAS READING, I WAS ACTUALLY READING SOME LAW ABOUT THE FAIR HOUSING ACT. SAY I, I SPEAK YOUR NAME, HOLLY BOYTER. DO YOU PROMISE? SWEAR AND AFFIRM THAT YOU WILL TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, I PROMISE. OKAY. THANK YOU. GO AHEAD. I'VE LIVED IN MY HOUSE 30 YEARS THIS YEAR AND HAS SEEN LOTS OF CHANGES IN THE NEIGHBORHOOD. LOTS OF CHANGES IN DUNCANVILLE. I AGREE WITH MY NEIGHBOR GINA, A GROUP HOME, THAT'S FINE, BUT TEN KIDS IS A LOT, NO MATTER WHAT THE AGE. AND THEN IF THERE ARE TEN KIDS, HOW MANY ADULTS ARE GOING TO BE THERE TO SUPERVISE TEN KIDS? YOU KNOW, WHEN YOU HAVE A SCHOOL FUNCTION, THERE'S MINIMUM ADULTS THAT ARE REQUIRED FOR THE NUMBER OF CHILDREN. IS THIS GOING TO BE 24 HOURS A DAY? THEY'RE GOING TO HAVE DIFFERENT SHIFTS THAT PEOPLE WILL COME IN AND WORK WITH THESE KIDS. THAT'S MY CONCERN. I MEAN, THAT'S JUST A LOT OF PEOPLE IN A HOUSE. IT DOESN'T MATTER HOW MANY BEDROOMS ARE IN THAT HOUSE, WHETHER THEY'RE RELATED OR NOT.

TEN PEOPLE PLUS SUPERVISION IS A LOT. SO THAT'S MY CONCERN. COMPLETELY UNDERSTAND. ARE THERE ANY OTHER SPEAKERS THAT WOULD LIKE TO ANY OTHER PEOPLE WHO WOULD LIKE TO SPEAK IN REGARDS TO THIS REQUEST? GOING ONCE, GOING TWICE. MISS ORTIZ. I WILL NOW OPEN IT UP TO THE BOARD FOR QUESTIONS. YES, I HAVE SEVERAL. MISS ORTIZ, YOU WERE. YOU WENT TO THE PLANNING AND ZONING BOARD WHERE YOU PRESENTED WHERE YOU PRESENTED THIS INFORMATION AND BASED ON THE PLANNING AND ZONING. FINDINGS, WHAT THEY SAID INITIALLY, YOU CAME TO THEM WITH 14, 14 KIDS. AND THEN YOU THERE WERE CONCERNS. EXCUSE ME. CAN WE GET A POINT OF CLARITY FOR YOU? SO SHE DIDN'T GO TO THE PLANNING AND ZONING SO SHE A REASONABLE ACCOMMODATION, WHICH WAS AN INTERNAL DECISION MADE BY THE ASSISTANT DIRECTOR. SO SHE DID IT. DIRECTOR, PLANNING AND ZONING. OKAY. OVER THERE. OKAY. SO IT DIDN'T I JUST WANTED TO CLARIFY THAT IT DID NOT GO TO THE PLANNING AND ZONING BOARD, BUT IT SHE DID MAKE A FORMAL REQUEST THAT HAD AN INTERNAL REVIEW BY OUR ASSISTANT DIRECTOR. AND SHE THAT'S HOW WE GOT HERE. OKAY.

SHE RECOMMENDED ALL RIGHT. YES I, I NOTED BE THAT AS IT MAY, THERE WERE FINDINGS THAT AND WE'RE TALKING ABOUT WE'RE NOT TALKING ABOUT FAIR HOUSING. WHAT WE'RE TALKING ABOUT IS ZONING REGULATORY REGULATIONS. AND WE'RE TALKING ABOUT THE. A, A GROUP HOME IN A RESIDENTIAL.

NEIGHBORHOOD WITH YOU WERE ASKING NOW FOR TEN ADOLESCENT MALES WITH POTENTIAL EMOTIONAL, BEHAVIORAL AND DEVELOPMENTAL CHALLENGES. AND IT WAS FOUND THAT WHAT YOU SUBMITTED WAS IN INADEQUATE TO RECOMMEND A REASONABLE ACCOMMODATIONS. NOW MY QUESTION TO YOU IS THAT I'M

[01:20:07]

SO NOW WE'RE HERE BECAUSE NOW WE HAVE A BETTER UNDERSTANDING OF WHAT SHE WAS REQUESTING. BUT BEFORE IT KEPT CHANGING, I SEE. OKAY, SO I WANTED TO ACCOMMODATE THE CITY AS WELL.

INSTEAD OF BEING 14 BEDS, WE CHANGE IT TO TEN. THE H HAS ALWAYS BEEN THE SAME, THE H, THE DISABILITY, THE DISABILITY, EVERY EVERY DISABILITY IS TAKEN SERIOUS TO US. IT DOESN'T MATTER IF YOU HAVE DEPRESSION, IT DOESN'T MATTER IF YOU HAVE AUTISM. EVEN IF IT'S A MENTAL DISABILITY, WE STILL CONSIDER IT AS A DISABILITY. SO WHEN I WAS BEING ASKED ARE THESE CHILDREN DISABLED? I KEPT SAYING THEY'RE NOT PHYSICALLY DISABLED PHYSICALLY, MEANING THEY'RE MISSING AN ARM, THEY'RE MISSING A LEG, THEY'RE MISSING SOMETHING. THEY'RE PARALYZED OR SOMETHING IN THOSE REGARDS. BUT THESE CHILD ARE DISABLED. SOME OF THESE CHILDREN COME WITH VERY SEVERE TRAUMA, WHICH THEY FALL INTO THE DEPRESSION CATEGORY, WHICH WE STILL TAKE IT SERIOUSLY AS A DISABILITY OR MENTAL DISABILITY. SOME OF THESE CHILDREN DO HAVE AUTISM, AND THAT'S WHY THEY'RE HERE WITH US TOO, SO THAT WE CAN TREAT THEM. THEY'RE REJECTED BY

[01:25:03]

SO WE CONSIDER THOSE CHILDREN DISABLED, NOT BECAUSE WE DISABLED THEM, BECAUSE THEY ALREADY COME DISABLED FROM THE STATE. THE STATE ALREADY HAS TREATED, TREATED THEM. SAW PSYCHIATRIST, PSYCHIATRIST, PSYCHOLOGY, DOCTORS. THEY'RE THE ONES THAT DECIDE TO TO TELL US, HEY, THIS CHILD IS DISABLED. THIS IS I WANT TO MAKE SOMETHING VERY CLEAR. THIS IS NOT AN ISSUE OF WHETHER OR NOT THESE ACCOMMODATIONS ARE NECESSARY. THEY CERTAINLY ARE.

AND THIS IS SOMETHING VERY HARD. BUT WHAT WE'RE DISCUSSING IS ZONING IS A BASICALLY A GROUP HOME IN A RESIDENTIAL AREA. SO I JUST WANT TO BE CLEAR THAT WE'RE WE ARE WE ARE NOT.

CONDEMNING OR BRINGING ANY TYPE OF. DECISION ON WHETHER OR NOT, YOU KNOW, THIS IS NECESSARY.

THIS IS PURELY A ZONING ISSUE. AND THAT'S WHAT WE'RE HERE TO DEAL WITH. CORRECT. AND I UNDERSTAND, MISS LASALA, WHEN SHE WAS SAYING THAT IT WASN'T APPROVED BY THE OTHER COMPANY, BUT IT WAS TOO MUCH MISLEADING. WE WERE MISLED BECAUSE EITHER THEY YOU CALL IT A A GROUP HOME, THEY CALL IT A BOARDING HOME. WE CALL IT AN RTC. SO THERE WAS A LOT OF MISCOMMUNICATION AS WELL WHEN WE WERE ASKING FOR OUR, OUR, OUR SPECIAL USE PERMIT. SO IT WAS A LOT OF MISCOMMUNICATION. WHEN WE DID TRY TO REACH OUT TO THE CITY, WE WEREN'T HELP. WHEN WE TRIED TO CALL TO THE CITY, NOBODY ANSWERED US WHEN WE HAD QUESTIONS, AND WE CAME HERE THROUGH THOSE DOORS AND ASKED FOR QUESTIONS. NOBODY ACCEPTED US AND I UNDERSTAND THINGS HAPPEN, STAFF CHANGES, I UNDERSTAND. BUT WE WE AS CITY CITY MEMBERS, WHO DO WE GO TO? WHO DO I ASK THE QUESTIONS? I RELIED ON DUNCANVILLE. DUNCANVILLE GAVE ME THE MISLEADING. SO I. I DON'T KNOW WHAT ELSE TO DO. WE PURCHASED THE HOUSE BECAUSE WE WERE MISLED, NOT BY THE TEAM THAT IS ON HERE NOW, BUT BY THE PREVIOUS TWO THREE TEAMS THAT WERE BEFORE THEM. WE HAVE BEEN MISLED ALL THIS TIME. I'M. I JUST WANT TO ADD SOME CLARITY TO YOUR QUESTION ABOUT THE DYNAMICS OF WHAT'S CHANGED TO YOUR ORIGINAL QUESTION. I JUST WANT TO POINT OUT THAT THE ORIGINAL NUMBER WAS 14, BUT IN DECEMBER WE ACTUALLY HAD A BUILDING INSPECTOR COME TO THE PROPERTY AS WELL TO DO AN ASSESSMENT OF HOW MANY PEOPLE COULD LEGITIMATELY FIT IN HERE. AND SO THE NUMBER HAS FLUCTUATED. BUT IN ADDITION TO THAT, YOU'VE HAD SOME DIFFERENT CIRCUMSTANCES ARISE WHERE THE CITY HAS BEEN PROACTIVE TO ACTUALLY GO OUT. IS THIS A SAFE STRUCTURE FOR PEOPLE TO LIVE IN? AND THEY'VE AND THEY'VE DONE THAT. AND SO I THINK WHERE WE GOT HERE TODAY IS THE ORIGINAL NUMBER. THE CODE SAYS IT'S FOUR.

BUT IF YOU WANT MORE THAN FOUR YOU HAVE TO ABIDE BY THESE STANDARDS. THE ROOMS HAVE TO BE BIGGER FOR MORE THAN ONE PERSON TO BE IN. WE BELIEVE WE'VE DEMONSTRATED THAT AND THAT AND THAT ASSESSMENT WITH RESPECT TO THAT PART OF THE CODE. I JUST BE MINDFUL THAT I KNOW WE'RE WE'RE NOT TALKING ABOUT WHETHER THIS IS THE CHILDREN ARE DISABLED OR NOT, AND THAT'S THAT'S FAIR. IT'S REALLY JUST ABOUT THE REASONABLE ACCOMMODATION AND THE PROVISIONS OF THE CODE TO SAY, HOW DO WE GET MORE THAN FOUR CHILDREN TO BE IN THE HOME? I THINK THE QUESTION THAT YOU HEARD IS TEN CHILDREN PLUS STAFF. YES. THE STAFF ARE ROTATING ON SHIFTS, 12 HOUR SHIFTS, SO THEY WILL BE 24 HOUR SUPERVISION. BUT THE CODE IS WE'RE ASKING IS FOR TEN CHILDREN TO BE IN THE HOME. I JUST WANT TO CLOSE, YOU KNOW, FOR THE COMMENT THAT TEN KIDS IN A HOUSE, IT SEEMS LIKE A LOT OF KIDS. MY GRANDMOTHER RAISED TEN KIDS IN ONE HOUSE, AND IT WAS HER AND MY GRANDFATHER. IT'S IT'S THIS IS NOT ANYTHING OUT OF THE NORM WHERE YOU HAVE LARGE FAMILIES AND A BIG HOUSE. I MEAN, YOU LOOK AT THE FLOOR PLAN OF HOW MANY PEOPLE COULD LEGITIMATELY BE HOUSED PER BEDROOM. THIS REALLY IS A QUESTION OF THE STANDARDS THAT ARE LISTED IN YOUR CODE. HOW DO YOU GET MORE THAN FOUR? YOU HAD YOUR CODE INSPECTOR GO OUT AND SAY, YEAH, I'M NOT GOING TO GIVE YOU 14. I WE CAN DO 12.

AND WE SAID, WE DON'T, WE DON'T WANT TO GO THAT HIGH. WE'LL GO TO TEN. AS HOW WE'VE GOTTEN HERE TODAY, REGARDLESS OF HOW IT STARTED, WHERE IT WAS IN THE MIDDLE. I MEAN, WE HAD A PHONE CALL IN DECEMBER ON A TEAM'S CALL WITH THE ASSISTANT CITY MANAGER AND STAFF AS WELL. THIS IS THIS IS WHERE WE ARE TODAY. HOW DO WE GET MORE THAN FOUR CHILDREN INTO THE HOME? IF THAT

[01:30:05]

YEAH. SORRY. YEAH. SO DID YOU HAVE ANOTHER QUESTION? YEAH. YEAH, YEAH, I, I THINK ON ON BEHALF OF MYSELF, I APOLOGIZE. I'M VERY FAMILIAR WITH THE MISCOMMUNICATION PART OF IT.

WE'RE GOING THROUGH SEVERAL TRANSITIONS. BUT YOU KNOW, GOING BACK WE ARE TALKING ABOUT HEALTH, SAFETY, WELFARE AND ACTUALLY THE CODE IN THIS PARTICULAR MATTER. AND THAT'S I THINK TO ME THAT'S PARAMOUNT IN TRYING TO REACH A DECISION ON THIS PARTICULAR CASE. I CHAMPIONED EVERYTHING THAT YOU SAID. I'VE SUPPORTED 110%, AND I THINK THERE'S A NEED FOR THAT.

AND RIGHT NOW, I THINK OUR OUR BIGGEST DECISION IS, ARE WE GOING TO GET PAST THIS NUMBER FOUR AND ALLOW IT TO GO TO TEN? I THINK THAT'S THE WHOLE THE WHOLE POINT OF THIS CONVERSATION IS, IS, IS GETTING TO THAT NUMBER TEN. I THINK WE'VE HAD OUR BUILDING. I DON'T KNOW IF WE'VE HAD OUR BUILDING OFFICIAL OUT THERE. WE'VE HAD CODE ENFORCEMENT OUT THERE. I DON'T KNOW THE WHOLE HISTORY ON THAT. MAYBE STAFF CAN. SO THE BUILDING INSPECTOR AND MYSELF, WE WENT OUT THERE TO LOOK TO SEE WHAT THE HOUSE LOOKED LIKE. AND SO IT WASN'T AN OFFICIAL INSPECTION OF ANY SORT. WE JUST AGAIN TRYING TO BE PROACTIVE. AS FAR AS I KNOW, CODE ENFORCEMENT HAS NOT INVOLVED, HAS NOT BEEN INVOLVED. BUT WHEN WE WENT OUT, WE WENT OUT TO SEE THE HOUSE AND THEN B FOR HIM TO ASSESS THE SQUARE FOOTAGE IN PERSON. AND SO EVEN THOUGH HE STATED HOW MANY CHILDREN ARE ALLOWED, HE DID ALSO ADD THAT HE'S GOING BY THE CALCULATION FROM THE BUILDING CODE. BUT IF OUR IF THE ORDINANCE SAYS X AMOUNT OF PEOPLE, THE ORDINANCE HAS X AMOUNT OF PEOPLE, EVEN IF IT CAN ACCOMMODATE MORE. SO WE DID GO OUT NOT AS AN OFFICIAL INSPECTION, BUT WE WENT TO GO OUT TO BASICALLY SITE VISIT. IS STAFF SUPPORTING. SO WE RECOMMENDED DENIAL BASED ON THE FACT THAT THE GROUP HOME USE IS PERMITTED IN RESIDENTIAL.

HOWEVER, B BECAUSE OUR ORDINANCE STATES THAT THE MAXIMUM IS FOUR, THAT'S WHERE WE STAND WITH IT OF WE HAVE TO ABIDE. WE ARE JUST TRYING TO ABIDE BY THE ORDINANCE, AND THAT'S WHY STAFF RECOMMENDED DENIAL. AND COUNCILOR I'M THE CITY ATTORNEY, QUITE FRANKLY.

AND I'M GOING TO TELL YOU, BECAUSE I WROTE THE ORDINANCE, THE ORDINANCE SAYS THE GROUP HOMES, IF LICENSED BY THE STATE, ARE ALLOWED IN RESIDENTIAL DISTRICT. THAT'S BECAUSE STATE LAW TELLS ME I HAVE TO. SO WE PUT FOUR UNRELATED PERSONS, ANYBODY THAT'S OTHER THAN FOUR UNRELATED PERSONS AND IS NOT A STATE LICENSED FACILITY IS NOT ALLOWED. IT'S CONSIDERED A BOARDING HOME. SO WHEN THEY SAID THIS IS A BOARDING HOME, WE HAVE MORE THAN FOUR UNRELATED PERSONS LIVING IN THE HOUSE. SO I LOOK AT THE FAIR HOUSING ACT, BECAUSE THE FAIR HOUSING ACT SAYS THAT I CAN MAKE A REASONABLE ACCOMMODATION FOR PERSONS WITH A DISABILITY UNDER FEDERAL LAW. I HAVE HEARD AND SEEN NOTHING IN MY OFFICE THAT WOULD LEAD ME TO BELIEVE THAT THERE ARE PEOPLE OCCUPYING THIS HOUSE THAT MEET THAT DEFINITION. THERE MAY BE, I HAVEN'T HEARD IT YET. I DIDN'T SAY THERE WASN'T A NEED FOR THIS KIND OF THING. SOMEBODY WOULD HAVE TO ASK YOU THE QUESTION, WHICH IT'S COMING, I PROMISE YOU. YES. SO TO ME, THE GRAVAMEN OF THIS IS SOMEONE BETTER PROVE TO Y'ALL AND TO ME THAT THERE ARE PERSONS WITH FEDERALLY RECOGNIZED DISABILITIES SO THAT YOU CAN MAKE A REASONABLE ACCOMMODATION.

IT'S FEDERAL LAW THAT TRUMPS OUR ORDINANCE, THAT TRUMPS THE STATE LAW THAT I WOULD HAVE TO RECOMMEND TO YOU IF THERE WAS SOME EVIDENCE THAT THERE ARE PERSONS WITH DISABILITIES THAT ARE RECOGNIZED UNDER THE FAIR HOUSING ACT THAT YOU CAN GO OVER FOR, EVEN THOUGH THIS MAY BE A VERY VALID MUSTERING OF OF CHILDREN WITHOUT PARENTS THAT HAVE BEEN DEALT A ROUGH CHILDHOOD, THERE'S NO DOUBT THERE'S A NEED FOR THAT. BUT I CAN'T LET YOU REWRITE THE ORDINANCE. IT'S ONLY THE FAIR HOUSING ACT THAT CAUSES US TO CONSIDER WHETHER OR NOT WE CAN GIVE A REASONABLE ACCOMMODATION, NOT BECAUSE THEY WANT ONE, NOT BECAUSE YOU WANT TO GIVE THEM

[01:35:05]

BEFORE I ANSWER YOUR QUESTION, I WOULD LIKE TO CLARIFY THAT WE ARE NOT A BOARDING HOME. I WANT TO CLARIFY BECAUSE THOSE WORDS ARE DIFFERENT THAN WHAT WE REALLY ARE. BOARDING HOME IS A PERSON THAT PAYS RENT. THESE CHILDREN DO NOT PAY RENT. THESE CHILDREN DO NOT HAVE FUNDS TO PAY THEIR OWN RENT. THESE CHILDREN ARE SEVEN YEARS OLD, SEVEN, EIGHT, NINE, TEN. THEY DON'T HAVE ENOUGH FUNDS TO PAY THAT. THAT'S WHAT MY UNDERSTANDING OF A BOARDING HOME IS. WHEN I READ THE ORDINANCE, I WANTED TO CLARIFY THAT. RIGHT. AND SO THE QUESTION WOULD BE BECAUSE I THINK WHAT'S HAPPENING IS THAT ONCE YOU IF THEY DON'T HAVE THE DISABILITY, THAT'S WHEN IT GOES INTO WHAT HE'S DEFINING. SO WHAT WE'RE GIVING YOU THE OPPORTUNITY TO DO IS TO PROVIDE US THE DOCUMENTATION THAT SHOWS, HEY, THESE ARE THE THE STUDENTS THAT ARE THAT ARE THESE ARE THE KIDS THAT ARE HERE THAT HAVE DISABILITIES AS DEFINED BY THE FAIR HOUSING ACT, TO EVEN GIVE US THE OPPORTUNITY TO EVEN GRANT IT. YEAH. MR. SMITH, I'M UNDER OATH. AND I ALSO GAVE THE STAFF MEMBERS OUR LICENSE, WHICH IS A DISABILITY TREATMENT CENTER. SO WE ARE UNDER A DISABILITY TREATMENT CENTER, AND I AM UNDER OATH. SO I WOULDN'T STAND HERE AND TELL YOU THAT MY CHILDREN ARE DISABLED WHEN THEY'RE NOT. YEAH.

AND THEY COME DISABLED FROM THE STATE, THE FEDERAL STATE, NOT FROM ME. THAT'S WHAT I ALSO STATED EARLIER. YEAH, WE WE WE'RE HERE. WE'RE WITH YOU. RIGHT. WE JUST IF WE HAD THE THE DOCUMENTATION, IT WOULD GIVE US THE OPPORTUNITY TO. SO IN ORDER FOR ME TO GET AS WELL.

YEAH. IN ORDER FOR ME TO GET THE, THE, THE STATE LICENSE HERE IN DUNCANVILLE FOR ME TO PRESENT IT TO YOU, I NEED A HEALTH INSPECTION. BUT MY CURRENT LOCATION IN WILLIS COUNTY IN WILLIS, TEXAS, DOES HAVE A DISABILITY CERTIFICATION LICENSE WHERE WE DO TREAT CHILDREN FOR DISABILITY. RIGHT. BUT WHAT? I THINK WE'RE CONFUSED EACH OTHER. SO I JUST WANT TO MAKE SURE BECAUSE I WANT TO ASK THE QUESTION AS IS SO SO WE'RE ON THE SAME PAGE.

SO I DO KNOW AND I THANK YOU, I CELEBRATE YOU FOR HAVING THAT DISABILITY CERTIFICATION. WE'RE ALL IN. I MEAN, THIS IS THIS IS POWERFUL. I'M I'M ALL IN. SO IT'S NOT ABOUT WHAT YOU'RE DOING. THE THE NEXT QUESTION WOULD BE DO WE HAVE ANY RECORDS THAT YOU CAN PROVIDE TO US THAT DOESN'T SHOW THAT YOU ARE ABLE TO DO IT, BUT THAT THE STUDENT THAT THE THAT THE, THE YOUNG PEOPLE THAT ARE THERE BETWEEN 7 TO 17 ARE RESIDENTS OR HAVE OR HAVE THAT DISABILITY AS DEFINED BY THE FAIR HOUSING. ABSOLUTELY. SO YOU COULD YOU COULD PROVIDE THAT THAT FOR US, SIR. I CAN PROVIDE IT. I CAN PROVIDE YOU WITH DOCUMENTATION THAT MY CHILDREN DO HAVE DISABILITY.

OKAY. AND THOSE DISABILITIES ARE DOCUMENTED BY A LICENSED PSYCHIATRIST. CORRECT.

PSYCHOLOGIST. CORRECT. AND THEY HAVE A CASE MANAGEMENT. ABSOLUTELY. YES. YES, MA'AM.

THEIR PROBLEMS ARE AND ALSO THE PROGNOSIS IN TERMS OF WHAT, YOU KNOW, WHAT THEIR PROGNOSIS ARE, YOU KNOW, WHETHER OR NOT THIS IS SOMETHING THAT IS GOING TO BE WITHIN THE REST OF THEIR LIFE, OR CAN THEY FUNCTION IN NORMALLY IN, IN, IN A SOCIETY. YES. SO TO YOUR QUESTION, MISS WASHINGTON, SOME OF THE CHILDREN THAT DO COME WITH AUTISM, OBVIOUSLY, WE KNOW THAT AUTISM WE CANNOT CURE, BUT WE CAN TRY TO HELP THEM. WE CAN TRY TO ENFORCE SOME LIFE SKILLS IN THE CHILDREN THAT DO HAVE AUTISM. I CANNOT CHANGE AUTISM IF THEY DO COME WITH AUTISTIC, BUT IF THEY DO COME WITH DEPRESSION, WE CAN TREAT THEM AND GIVE THEM THE LIFE SKILLS TO CHANGE DEPRESSION INTO SOMETHING MORE POWERFUL. WE CAN HAVE SPEAKERS, WE CAN HAVE FUTURE SPEAKERS, WE CAN HAVE FUTURE COPS, FUTURE FIREFIGHTERS. BUT TO MOLD THAT DEPRESSION OR THAT DISABILITY THAT THEY WERE CONCERNED THEY WERE THEIR DISABILITY FOR FOR EXCUSE ME, I'M TRYING TO TO SAY THE RIGHT WORDS, BUT THE DISABILITY THAT THEY WERE CONSIDERED BY THE STATE OR THE FEDERAL STATE AS A MINOR THAT SUFFERS DEPRESSION. WE HAVE TO

[01:40:03]

EXCUSE ME, CAN I. OH SORRY. JUST TO ADD CLARITY TO THAT AGAIN. WE ARE ALL UNDER OATH.

MISS ORTIZ TESTIFIED SHE HAS TO SEE A PSYCH REPORT. BASICALLY, IN ESSENCE, IN ORDER FOR THE CHILD TO ENTER THE HOME, THEY HAVE CASE MANAGERS THAT ARE ALSO RESPONSIBLE FOR MEDICATIONS FOR THESE CHILDREN. SO IT'S NOT JUST ANYBODY OFF THE STREET THAT AREN'T RELATED MORE THAN FOUR. THERE IS A STANDARD. AND IF YOU WANT MORE THAN THE TESTIMONY, WE CAN PROVIDE THAT EVIDENCE TO DEMONSTRATE THAT ALL THE CHILDREN HERE HAVE BEEN CLASSIFIED AS DISABLED. THERE'S TWO MORE THINGS I JUST WANT TO POINT OUT. MENTAL DISABILITY IS A PROTECTED CLASS UNDER THE FAIR HOUSING ACT. AND SO TO SAY IS, WELL, ARE YOU REALLY IS IT.

IT IS. IT'S JUST BLANKET. THERE'S NO IFS, ANDS OR BUTS. IF YOU HAVE A MENTAL DISABILITY, THIS IS WHO WE'RE TREATING. BUT THEN FINALLY I WANT TO REALLY MAKE THIS CLEAR BECAUSE IT'S BEEN SAID THREE TIMES THAT THE NUMBER IS FOUR AND YOU CAN'T HAVE MORE THAN FOUR BECAUSE THE CODE SAYS IT'S FOUR, BUT YOU NEED TO READ THE REST OF THE CODE. THE REST OF THE CODE SAYS WE HAVE THE RIGHT TO DEMONSTRATE THE ABILITY TO GO MORE THAN FOUR. AND WE'VE SHOWN YOU THAT YOUR BUILDING INSPECTOR HAS COME OUT AND MADE AN ASSESSMENT. YOUR CODE EVEN SAYS IF YOU WANT MORE THAN ONE PERSON PER BEDROOM, GIVE ME AN ADDITIONAL 60FT PER PERSON. AND WE'VE DEMONSTRATED THAT AS WELL. SO I JUST WANT EVERYBODY TO BE CLEAR THAT, YES, THE FIRST PART OF THE CODE SAYS FOUR, BUT YOU HAVE TO CONTINUE READING TO SEE WHY WE'RE HERE TODAY. IS THIS WHOLE SECTION THAT WE PRINTED OUT FOR A REASONABLE ACCOMMODATION AND THAT YOUR OTHER STANDARDS SAY, GIVE ME MORE SQUARE FOOTAGE TO MAKE SURE THAT IT'S REASONABLE FOR MORE THAN ONE PERSON TO BE IN THIS ROOM. WE BELIEVE WE'VE DEMONSTRATED THAT PART AS WELL, SO WE CAN PROVIDE THE OTHER EVIDENCE, WHATEVER IT IS THAT YOU'RE ASKING FOR. BUT I DO WANT TO POINT OUT YOUR CODE STILL SAYS THIS IS REASONABLE TO HAVE MORE THAN ONE PERSON PER BEDROOM. AND OUR FLOOR PLAN DEMONSTRATES THAT. MISS, DO YOU WANT TO SPEAK? CAN I EXCUSE ME? LET ME GET A POINT OF CLARITY, THOUGH. YEAH, OUR CODE DOES SAY THAT. HOWEVER, ONE OF THE THINGS THAT CAME ABOUT WHEN WE WAS DOING THE REASONABLE ACCOMMODATION WAS A QUESTION REGARDING THE ADULTS THAT WOULD BE THERE WITH THE CHILDREN. YES, IF PER OUR APPLICANT, THERE'S GOING TO BE TWO ADULTS THAT WILL ROTATE, SO EACH ADULT WILL BE THERE FOR 12 HOURS, WHICH MEANS YOU'LL HAVE ONE ADULT WITH TEN KIDS. YOU. RIGHT. OKAY. SO THAT OKAY. SO THAT IS SO WE SO THAT JUST TO OKAY. WE'RE GETTING A LITTLE OFF TRACK HERE. SORRY. SO MISS POWELL SO WE WE DID ASK FOR A LIST OF DISABILITIES. I DO UNDERSTAND WHAT HE'S SAYING ABOUT 12.

THOSE THINGS THAT ARE LISTED ARE A BUILDING CODE THINGS. AND AS WELL AS BY THE STATE REGULATED BY THE STATE OF HOW MANY KIDS CAN GO INTO A ROOM. WE ARE SOLELY FOR THE REASONABLE ACCOMMODATION. THOSE THINGS THAT THAT'S LISTED IN 12. SEE THAT THE PAPER THAT YOU HAVE THAT WOULD BE REQUIRED, EVEN IF THEY WERE ONLY DOING FOUR, THEY WOULD STILL HAVE TO

[01:45:03]

OKAY? SO IF IT IS ONE PER FIVE, I TURNED IN. SO IF IT'S IF IT'S ONE BECAUSE I REMEMBER ASKING YOU IF IT'S ONE PER FIVE AND IT'S TEN KIDS. AND THAT WOULD TECHNICALLY BE TWO STAFF ON EVERY SHIFT. SO IT SHOULD BE FOUR PEOPLE. IF IT'S ONE PER FIVE, RIGHT? ONE PER FIVE KIDS.

SO IF YOU HAVE. RIGHT. SO IF IT'S SO ONE ADULT FOR FIVE KIDS AND THEN ONE ONE MORE ADULT FOR FIVE MORE BECAUSE YOU HAVE TEN, RIGHT? THAT'S TWO TWO AT ONE TIME. RIGHT? CORRECT. RIGHT. SO TECHNICALLY YOU WOULD NEED FOUR IF THEY'RE DOING 12 HOUR SHIFTS. CORRECT? CORRECT. BUT IT'S IS IT GONNA BE FOUR STAFF TOTAL. BECAUSE UP UNTIL NOW IT'S BEEN TWO ADULTS. THEIR SHIFT ENDS AS THE NEW SHIFT STARTS AND ANOTHER TWO ARE THERE BECAUSE THE RATIO IS STILL THERE. RIGHT.

SO THAT THAT'S FOUR STAFF TOTAL, NOT TWO. YES. BUT THEY THEY WON'T BE THERE MORE THAN 30 MINUTES. YEAH. SO I, I, I THINK, I THINK WE'RE SAYING THE SAME THING OF IF IT'S ONE PER ONE PER 10 OR 1 PER FIVE, THERE SHOULD BE TWO PEOPLE ON STAFF AT THAT FIRST 12 HOURS AND THEN TWO PEOPLE AT THAT NEXT 12 HOURS. CORRECT? CORRECT. AT ONE TIME. CORRECT. SO UP UNTIL AGAIN, JUST TO CLEAR, JUST FOR CLARITY. OKAY. WE HAVE BEEN TRYING TO GET TO THE CLEAR PART OF THAT OF THE LAST THING THAT WE GOT WAS TWO STAFF. AND SO FOR STAFF EITHER WAY WE JUST AGAIN JUST WANT TO CLARIFY THAT WE ARE NOT. AGAIN, THE USE IS ALLOWED. IT'S JUST ALLOWED WITH THAT. FOUR AND THEN OF COURSE AS WE GET INTO FHA, WE JUST WANT TO MAKE THAT CLEAR THAT IT IS. WE DID LOOK AT ALL THE THINGS ABOUT THE SQUARE FOOTAGE. ALL OF THOSE THINGS HAVE BEEN TAKEN INTO CONSIDERATION. AGAIN, JAMES AND I WENT OUT THERE. JAMES MEASURED IT HIMSELF. HE DID ALL THE MATH. IT'S JUST THAT THIS IS THE WAY THAT IT'S WRITTEN. IF IT WERE WRITTEN ANY DIFFERENTLY, THEN WE PROBABLY WOULDN'T BE HAVING THIS CONVERSATION. YES. AND AND.

WHILE I UNDERSTAND THE NEED FOR THIS, THIS IS A RESIDENTIAL NEIGHBORHOOD AND THEIR RIGHTS, THEY HAVE RIGHTS ALSO. AND SO I, WE AND I WANT TO MAKE SURE THAT WE NOT ONLY PROTECT THE CHILDREN AND PROVIDE A SAFE PLACE FOR THEM, BUT I NEED A SAFE PLACE FOR MY RESIDENTS WHO HAVE LIVED THERE A LONG TIME. THEY DESERVE SOME GRACE. ALSO, MISS ORTIZ, BEFORE YOU, BEFORE YOU GO, THE BOARD HAS A QUESTION FOR MR. HAGER. I KNOW I HAVE A QUESTION, SO I NEED TO DEFER TO THE ATTORNEY ON THIS. SO ONE OF THE THINGS THAT WE NEED TO MAKE SURE THAT WE HAVE AN UNDERSTANDING ON. THERE, BECAUSE WE HAVE A LOT OF LETTERS THAT THAT ARE HERE THAT ARE GIVING SUPPORT. AND I'M GOING TO SPEAK TO THIS A LITTLE BIT LATER ON. BUT THEY'RE THEY'RE GIVING SUPPORT ABOUT THE THE GROUP HOME. BUT THE GROUP HOME HAS ALREADY BEEN APPROVED. SO THEY'VE ALREADY THE GROUP HOME HAS ALREADY BEEN APPROVED. THEY HAVE FOR FOR FOR PEOPLE. RIGHT. SO THIS MEETING IS ABOUT THE TEN. AND I DO THINK THAT, YOU KNOW WE TALKED ABOUT IT. BUT I JUST THINK IT NEEDS TO BE HONED DOWN. THIS ISSUE OF WHAT DO WE DO. WE EVEN HAVE THE ABILITY TO APPROVE SOMETHING IF WE DON'T HAVE THE THE ACTUAL DOCUMENTATION THAT THE STUDENT THAT THE THAT THE RESIDENTS ARE DISABLED BECAUSE I THINK THAT KNOCKS IT OUT BEFORE WE EVEN START. AND THEN WHICH IS WHY I WAS BRINGING THE POINT. WELL, PROBABLY YOU WILL NEED TO TABLE YOU GET TO BE THE JUDGE OF THE CREDIBILITY. JUST BECAUSE SOMEONE SWEARS TO SOMETHING DOESN'T MEAN YOU CAN FIND THEM CREDIBLE. OR YOU MAY NOT, YOU KNOW, BUT I THINK I WOULD OWE IT TO THE RESIDENTS. A PERSON THAT HAS A SELF-INTEREST, RIGHT? OR CITIZENS HAVE A SELF-INTEREST. ONLY YOU CAN BE THE JUDGE OF THE CREDIBILITY. IF YOU WANT MORE EVIDENCE, I WOULD SUGGEST, IF I WERE THE APPLICANT, THAT I WOULD PROVIDE WHAT YOU WANT TO SEE. RIGHT. AND THEN AND SO BUT EVEN BEFORE WE EVEN GET TO THAT POINT OF, OF TABLE IN THE MOTION, RIGHT, THERE'S THE SECOND LEVEL THAT WE NEED CLARITY ON, WHICH WOULD SAY, OKAY, LET'S SAY THEY DO HAVE THAT. I GOTTA THROW THIS OUT THERE JUST BECAUSE THEY HAVE THAT. THEN THE FAIR HOUSING ACT GIVES PARTICULAR RULES ABOUT, HEY, YOU KNOW, YOU COULD DO

[01:50:06]

RIGHT. I CAN'T DO INSPECTIONS. IT'S NOT LIKE AND THAT'S WHY THE ORDINANCE IS WRITTEN THE WAY IT IS, IS BECAUSE IF IT'S A STATE REGULATED FACILITY, THEY'LL DO THE INSPECTIONS. BUT THIS ONE'S NOT STATE REGULATED. I DON'T HAVE A LICENSE. IF IT'S LICENSED, THAT'S A WHOLE DIFFERENT BECAUSE THEY'RE ALLOWED IF IT'S LICENSED. SO IT'S NOT ON US TO VERIFY THIS INFORMATION. AND I THINK IN THE INTEREST OF THE NUMBER OF CHILDREN, I THINK IT SHOULD BE CAPPED AT FOUR FOR THE FOR THE SAFETY AND THE HEALTH OF THE CHILDREN AS WELL AS, AS YOU SAY, AS THE NEIGHBORS. I'M MAKE A MOTION, WE TAKE A VOTE AND I MAKE A MOTION. WE DENY IT.

SECOND, I SECOND THAT. OH, WELL, I KNOW YOU DISABLED. ALL RIGHT. IT HAS BEEN MOVED AND PROPERLY SECONDED THAT THE MOTION IS TO DENY THE. WHAT'S THE THE ORDINANCE NUMBER. ZBA DASH O B A MOTION TO TO ZBA DASH. THERE WE GO. 2026 DASH. WHAT IS IT? 00004 ZEROS AND TWO. I'M SORRY.

HOLD ONE SECOND. SO JUST SO WE HAVE IT IN THE RECORD THAT WE LIST THE ACTUAL NUMBER. IT'S NOT GOING TO BE ON THAT. IT'S NOT GOING TO BE ON THAT ON THAT INFORMATION ON THE I GET IT ON THE I GET IT ON A SECOND. SORRY GUYS I'M A SECOND HERE. IT SHOULD BE HE HAS THE SAME ONE THE SECOND THE ADDRESS. YEAH I'M ABOUT TO I JUST NEED I'M WAITING FOR THEM TO GET THE NUMBERS STRAIGHT AND THEN I'LL GO THROUGH THE VOTE. RIGHT. PRETTY SURE. WELL, I DIDN'T GET ONE BECAUSE I CAME LATE, SO THAT'S WHY I WAS IN HERE. I'M ON ONLINE. HE HAS IT. HE HAS IT.

I DON'T KNOW THAT I ON THE THE PAGE WITH THE ADDRESS. YEAH. THIS OKAY. HANG ON. OKAY.

THAT'S IT, I GOT IT I GOT IT. ALL RIGHT. SO IT HAS BEEN MOVED AND PROPERLY SECOND TO DENY THE, THE ORDINANCE FOR ZBA DASH 2026-00002. THE REQUEST EXCUSE ME FROM NATALIE ORTIZ AND PROPERLY SECOND SECONDED. WE HAVE MOTION AND A SECOND SECRETARY. PLEASE CALL THE ROLL.

MR. POPPER. DENY. MR. SMITH. DENY. MISS WILLIS. I. I DON'T KNOW IF I APPROVE OF THE BOARD, SO I WON'T DENY THAT. BUT THE IT'S FOR THE TEN. SO IS IT FOR THE TEN. IT'S FOR THE TEN. SO

[01:55:01]

YES I DENIED THE TEN. YES. OKAY. MISS WASHINGTON, MR. RODRIGUEZ. YES OKAY. WE HAVE A DENIAL.

FIVE. OH. MOTION HAS BEEN DENIED. AND THAT WAS THE LAST ACTION THAT WE HAVE TODAY. SO I WILL NOW MOTION TO ADJOURN THE MARCH THE 5TH, 2026 MEETING OF THE CITY OF DUNCANVILLE ZONING BOARD OF ADJUSTMENTS. DO WE HAVE A SECOND? I'LL MAKE. I'LL MAKE A MOTION. WE ADJOURN ALL.

THEY NEED TO STOP DOING THAT. I KNOW I TOLD YOU THAT LAST TIME. YEAH, I'LL TAKE THE MOTION.

IT'S BEEN MOTION BY MR. POPHAM. CAN I GET A SECOND? SECOND? ALL RIGHT. GO AHEAD AND LIST THE BOARD. GOOD. MR. POPHAM, ADJOURN. MR. SMITH. ADJOURN, PLEASE, MISS WILLIS, MISS WASHINGTON ADJOURN, MR. RODRIGUEZ. ALL RIGHT, Y'ALL

* This transcript was compiled from uncorrected Closed Captioning.