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BACD to 5902 Corresp Oct 2012

BACD to 5902 Corresp Oct 2012

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Published by Allen Gwinn

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Published by: Allen Gwinn on Mar 05, 2013
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Melissa Kingston <MKingston@fflawoffice.com>
October 28, 2012, 12:00:34 PM CDT
Brittany Bailey <bbailey@hrhoustongroup.com>
"Holmes, Lashondra" <lashondra.holmes@dallascityhall.com>,"sbranan@greenbrookhomesdfw.com" <sbranan@greenbrookhomesdfw.com>, "Philip Kingston" <pkingston@kingstonpllc.com>, Belmont Addition <belmontaddition@yahoo.com>, Melissa Kingston <MKingston@fflawoffice.com>
RE: 5902 Goliad - Supplemental Appeal to BOA
 Brittany, We attempted to discuss this with you before your plans were approved and again before wefiled the Board of Adjustment appeal, and you refused. Following our meeting last week, weanticipated receiving some color renderings with your builder’s ideas for changes to the plansbecause that’s what he said he was going to do. We never received that proposal, though wehave asked for it twice now. So we’re confused that you want a proposal from us. Our concernsreally remain the same as they have been from the beginning: partial story above grade and thedriveway size and location. Here are some of the solutions that we specifically discussed at ourmeeting that would address these concerns: 1.
Raise the garage from below grade to grade level and move the entry to the alley. This willeliminate the side yard garage driveway access issue as well and eliminate the need for thepartial story between the first full story and the grade. And this will be less expensive from aconstruction perspective. Or 2.
Move the garage to the rear of the lot if you want to keep side yard access. Again, this solvesthe driveway access width issue (though the garage will still need a 20’ side yard setback). Thisalso eliminates the need for a partial story between the first full story and the grade.If we did not do a good job at explaining these as alternative options at our meeting, Iapologize. I was my impression, however, that you understood these were options but did notwant to explore them because you don’t like them. Again, if we misinterpreted your response, Iapologize. If either of these options are workable for you, then let’s sit down and work throughthe details. If, however, you are looking for us to simply agree to a variance, we are not willingto entertain that. While we have at times worked out alternative resolutions with builders, thoseinstances have only been when new issues to our ordinance have arisen and construction wasunderway, and we tried to resolve those disputes in a way that would (a) not be precedent forfuture similar disputes and (b) actually offer a framework for avoiding similar disputes in the
future. For instance, when we had a dispute with Jeff Baron over his house at 5946 Palo Pinto,while we did not seek to have him tear down his house, we did secure an agreement from himthat he would not do the objectionable aspects of that house again in BACD. Further, this case isdifferent because we began trying to educate you and your builder about the BACD ordinancerequirements long before your plans were approved. We feel like we have done everything wecan do to head off this dispute at the pass without much success.We continue to regret that our disagreement is holding up your project, but as we discussed at themeeting, the ordinance is something we value highly. If you have a proposal you would like usto review, please send it to me. I do not understand what you proposed with regard to the 10’driveway – do you have a diagram you can send us reflecting that proposal? Our group willrespond pretty quickly. We look forward to hearing from you and coming up with a solutionhere. Thanks. Melissa 
 Melissa R. Kingston | Esq.Friedman & Feiger, LLP | 5301 Spring Valley Road, Suite 200, Dallas, Texas 75254Tel: 972-788-1400 | Direct Dial: 972-450-7308 | Fax: 972-776-5313|mkingston@fflawoffice.com
 CONFIDENTIALITY NOTICE: This email is covered by the Electronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The information contained in thisemail is intended for the use of the individual or entity named above. If the reader of thismessage is not the intended recipient, or the employee or agent responsible to deliver it to theintended recipient, you are hereby notified that any dissemination, distribution, or duplication of this communication is strictly prohibited. If you have received this communication in error,please immediately notify us by telephone (972-788-1400) and destroy the original message.ELECTRONIC SIGNATURE NOTICE - Submitting authorization through emailcorrespondence constitutes your electronic signature. Any record containing an electronicsignature shall be deemed for all purposes to have been "signed" and will constitute an "original"when printed from electronic records established and maintained by Friedman & Feiger, LLP inthe normal course of business.

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