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ALL RIGHT WE WILL CALL THIS MEETING TO ORDER AT 3:31, AND WE WILL BEGIN WITH ITEM ONE ON OUR AGENDA, WHICH IS TO TAKE ACTION ON THE MINUTES FROM AUGUST

[ITEM 1: Discuss and take appropriate action regarding August 15, 2022, Minutes]

[00:00:10]

15 IN YOUR PACKET.

IF YOU'VE HAD A CHANCE TO REVIEW THOSE AND I'LL ENTERTAIN A MOTION.

GOT A MOTION FROM MR. CROSS, THE SECOND? SECOND FROM MR. WOODRUFF.

ALL THOSE IN FAVOR SAY AYE, AYE.

ANY OPPOSED? NO. OKAY.

THEN THE MINUTES ARE APPROVED.

ALL RIGHT. THE THING I GET TO DO EVERY MEETING, THIS IS AN IN-PERSON AND VIDEO CONFERENCE MEETING.

VIDEO CONFERENCING IS BEING USED TO ALLOW STAFF AND MEMBERS OF THE PUBLIC TO JOIN THE MEETING IN THE FOLLOWING MANNER.

ANYONE MAY JOIN THE MEETING VIA VIDEOCONFERENCE AT WWW.ZOOM.US/JOIN OR VIA TELEPHONE BY CALLING 1-346-248-7799 MEETING ID 912-5595-2930 AND PASSWORD 976527. IF YOU JOIN THE MEETING VIA VIDEO CONFERENCING AND WANT TO ADDRESS THE BOARD ON AN AGENDA ITEM, YOU WILL NEED TO HAVE YOUR CAMERA ON AND HOLD UP YOUR HAND WHEN THE CHAIRMAN CALLS FOR PUBLIC COMMENT AND YOU WILL BE RECOGNIZED BY THE CHAIRMAN TO ADDRESS THE BOARD AND WILL BE ALLOWED A TOTAL OF 3 MINUTES TO PROVIDE COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH THE REQUEST TO SPEAK WAS SUBMITTED.

AND YOU MAY SPEAK DURING THIS ITEM OR DURING THE BOARD'S CONSIDERATION OF INDIVIDUAL ITEMS IN ACCORDANCE WITH CITY COUNCIL RULES OF PROCEDURE.

THE THREE MINUTE TIME PERIOD WILL BE EXTENDED TO 6 MINUTES IF A TRANSLATOR IS REQUIRED FOR A NON-ENGLISH SPEAKER TO COMMUNICATE HIS OR HER COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH THE REQUEST TO SPEAK WAS FILED.

YOU MAY ALSO EMAIL YOUR COMMENTS TO BE READ AT THE MEETING TO WSMITH@DECATURTX.

ORG OR TO CFUSS@DECATUR.ORG BEFORE OR DURING BEFORE AND DURING THE MEETING ON MONDAY, SEPTEMBER 19TH.

PLEASE PROVIDE YOUR NAME ADDRESS IN THE AGENDA ITEM NUMBER.

[ITEM 2 The Board to hold a public hearing, consider and take action on a request for a setback encroachment special exception from the City of Decatur’s Zoning Ordinance regarding rear yards for the property proposed as Lot 1R, Block 8, Lipsey Addition and more commonly referred to as 3002 S. FM 51, City of Decatur, Wise County, Texas. The request is for a special exception to the City of Decatur Code of Ordinances, Appendix B., “Zoning,” Article 7, “Development Standards,” Section 7.6, “Accessory Structure Regulations,” Subsection 7.6.1, “Accessory Structures in Residential Districts,” Item C., “Rear Yard.” That provision states that “there shall be a rear yard for accessory buildings of not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists, the rear yard shall not be less than ten (10) feet as measured from the rear lot line.” Applicant is requesting a setback encroachment special exception from the City’s Zoning Ordinance to allow an existing detached accessory structure, as identified in Attachment 3 of the staff report, to encroach one and one tenths (1.1) feet into the required ten (10) foot rear y]

AND THAT TAKES US TO ITEM TWO AND WE'LL HEAR THE STAFF REPORT ON THAT.

AND I GUESS YOU WANT TO TAKE TWO AND THREE TOGETHER.

NO, IT'D BE TWO TWOS, ITS OWN ITEM [INAUDIBLE].

TWO IS TWOS ITS OWN ADDRESS AND THEN THE OTHER ONES.

OKAY, I'M WITH YOU.

ALL RIGHT. SO, AGENDA ITEM TWO.

GOOD AFTERNOON, BOARD.

AGENDA ITEM TWO IS MR. ALLEN ARNOLD'S REQUEST FOR SET BACK ENCROACHMENT AND SPECIAL INSPECTION TO ALLOW AN EXISTING DETACHED ACCESSORY STRUCTURE TO ENCROACH THREE AND 7/10 FEET ALONG THE WESTERN PROPERTY LINE INTO THE REQUIRED TEN FOOT REAR YARD SETBACK ALONG THE WESTERN PROPERTY LINE.

I SAW THAT AND I DIDN'T MAKE A NOTE ON THAT.

I APOLOGIZE.

SO IT'S TO ENCROACH 1.1 FEET ALONG THE TEN FOOT REAR YARD SETBACK ALONG THE WESTERN PROPERTY LINE.

PROPOSED LOT IS LOT 1R BLOCK 8, LIPSEY ADDITION ALSO KNOWN AS 3002 SOUTH FM 51.

ENCROACHMENT EXHIBIT.

RIGHT THERE.

THERE WERE TEN PROPERTY OWNERS NOTIFIED AND WE HAD NO RESPONSES TO THIS.

THE FINDINGS ARE THAT THE REQUESTED SPECIAL EXCEPTIONS DO NOT VIOLATE THE INTENT OR SPIRIT OF THE ORDINANCE.

THE EXISTING DETACHED ACCESSORY STRUCTURE HAS BEEN IN EXISTENCE SINCE THE 1995 GOOGLE EARTH FIXTURES.

REDUCED SETBACKS FOR THE EXISTING DETACHED ACCESSORY STRUCTURE NOT APPEARED TO ADVERSELY IMPACT THE SURROUNDING PROPERTY OWNERS.

ZONING REGULATIONS, AMENDED IN 2015 REQUIRED THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE A PERMIT CAN BE ISSUED.

THE PROPERTY OWNER PROPERTY CANNOT BE PROPERLY PLATTED UNTIL ALL ENCROACHMENTS, BOTH SETBACK AND UTILITY EASEMENTS ARE ADDRESSED.

THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREA SHAPE OR TOPOGRAPHY OR PHYSICAL FEATURES THAT EXIST THAT ARE PECULIAR TO THE SUBJECT PROPERTY AND ARE NOT APPLICABLE TO OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT.

THE EXISTING DETACHED STRUCTURE HAS BEEN IN THE CURRENT CONFIGURATION AND LOCATION FOR NEARLY 27 YEARS, AND PRIOR TO MR. AND MS. ARNOLD'S PURCHASE OF THE PROPERTY IN 2022, THE PROPERTY OWNER IS SEEKING TO BUILD A NEW SINGLE FAMILY RESIDENCE AND WANTS TO KEEP THE EXISTING DETACHED

[00:05:03]

ACCESSORY STRUCTURE.

IN ORDER TO DO SO, THE EXISTING SETBACK ENCROACHMENT WILL NEED TO BE RECTIFIED, AND THE REDUCED BUILDING SETBACKS DOES NOT APPEAR TO BE A COMMON PHENOMENON OR CONDITION THAT ADVERSELY AFFECTS THE SURROUNDING NEIGHBORS.

THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION, SINCE IT'S BEEN THERE FOR NEARLY 27 YEARS AND THEY WERE UNAWARE OF THE ENCROACHMENT.

THE INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT.

OF COURSE, AGAIN, IT'S BEEN THERE FOR FOR NEARLY 27 YEARS.

NO COMPLAINTS BY SURROUNDING PROPERTY OWNERS.

THE APPLICANTS PURCHASED THE PROPERTY UNAWARE OF THE ENCROACHMENT WITH A DETACHED ACCESSORY STRUCTURE.

THEY'RE ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS, BUT FOR ENCROACHMENTS BY THE EXISTING DETACHED ACCESSORY STRUCTURE LOCATED ON THE PROPERTY.

AND BEFORE THAT, THE APPLICANT IS SEEKING TO REPLAT THE PROPERTY AND NEEDS THE SPECIAL EXCEPTION IN ORDER TO DO THAT.

THE APPLICANT IS HERE TODAY.

MR. ARNOLD IS OUT IN THE AUDIENCE.

BUT THIS WAS A PRETTY STRAIGHT FORWARD VARIANCE[INAUDIBLE].

MR. ARNOLD, DO YOU HAVE ANYTHING YOU'D LIKE TO ADD TO THAT? [INAUDIBLE] OKAY.

OKAY. THANKS. I WOULD LIKE TO ADDRESS THE COUNCIL AND THE AUDIENCE.

WE'RE COMING BACK TO DECATUR AFTER HAVING BEEN GONE FOR EIGHT YEARS, WE RAISED OUR KIDS HERE.

MY DAUGHTER CAME BACK, WANTS TO BE A PROUD MEMBER OF DECATUR.

WE BOUGHT A HOUSE NEXT DOOR.

WE BOUGHT A LOT NEXT DOOR TO THE HOUSE THAT SHE IS CURRENTLY RESIDING IN.

AND I'M GOING TO BUILD A NEW HOUSE NEXT DOOR TO HER.

I'M 72 YEARS OLD AND I HOPE I CAN LAST A FEW MORE YEARS.

I INTEND THIS TO BE THE LAST HOUSE THAT I BUILD FOR MYSELF.

I DIDN'T COME BACK HERE TO ENTER THE BUILDING BUSINESS, BUT IF SOMEBODY TWISTED MY ARM, I MIGHT BE KILLED IN MY HOUSE.

BUT I WANT TO BE A PROUD MEMBER OF THE COMMUNITY.

WE WERE HERE.

WE MOVED HERE AND BUILT THE FIRST HOUSE IN THE INDIAN TRAILS IN ABOUT 1989.

AND THEN WE WERE CO DEVELOPERS OF INDIAN INDIAN TRAILS, PHASE TWO WITH JK MILLER.

SO WE'RE HAPPY TO BE BACK.

WE SOMETIMES ARE SORRY THAT WE LEFT, SO WE HAD TO COME BACK AND ENJOY OUR GRAY YEARS AND THAT'S WHAT WE INTEND TO DO.

WE'RE GOING TO BE HAPPY TO BE HERE, BE A PROUD MEMBER OF THE COMMUNITY AND ANYTHING I CAN DO TO HELP THE CITY OF DECATUR.

AND THAT'S WHY THEY'VE BEEN NOTHING BUT HELPFUL TO ME, I WILL DO.

THANK YOU VERY MUCH.

THANK YOU, MR. ARNOLD. IT SOUNDS A LITTLE BIT LIKE AN ADVERTISEMENT [LAUGHTER] I SAID IT SOUNDS A LITTLE BIT LIKE AN ADVERTISEMENT.

ALL RIGHT. WE DON'T HAVE WE HAVE A REPORT FROM FROM EARL.

YES.

SO DO YOU WANT A REPORT FROM EARL? I MEAN, IF HIS WRITTEN REPORT IS SUFFICIENT THEN.

EARL DO YOU HAVE ANYTHING ON THIS? WELL, I HAVE NO FURTHER COMMENTS.

YOU HAVE A COPY OF MY MEMO IN THE PACKET.

THERE'S NO ISSUES WITH PUBLIC WORKS.

VERY GOOD. OKAY.

NOW WE'LL OPEN UP THE PUBLIC HEARING.

IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON THIS? IS THERE ANYBODY THAT IS.

YEAH. YOU HAVE 3 MINUTES.

OH, I'M SORRY. AT 3:40.

3:40. DO WE HAVE ANYBODY THAT IS SUBMITTED EMAILS OR.

NO. OKAY. NOBODY'S ONLINE.

NO. ALL RIGHT.

WELL, THEN WE WILL CLOSE THE PUBLIC HEARING NOW AND I'LL ENTERTAIN DISCUSSION, COMMENTS, QUESTIONS.

I DO HAVE ONE QUESTION FOR YOU, WAYNE.

THERE'S AN ALLEY BEHIND THIS LOT, CORRECT? THAT'S CORRECT. OKAY.

IS IT STILL.

I DOESN'T APPEAR TO BE IN USE.

IT IS STILL AN ALLEY AT THIS TIME.

THERE IS A REPLAT APPLICATION THAT WE'VE ALREADY ACCEPTED THAT WILL BE CLOSING HIS PORTION OF THAT ALLEY.

[00:10:01]

OKAY. ALL RIGHT.

VERY GOOD. ANY QUESTIONS? AND IF NOT, I'LL ENTERTAIN A MOTION.

THERE IS AN ENCROACHMENT AGREEMENT THAT THAT WILL BE COMING WITH THAT BECAUSE OF THAT ALLEY THAT'S THERE.

OKAY. THE APPLICANT'S AWARE OF THAT.

AND THIS IS TO BE CLEAR, AGAIN, THIS IS A REQUEST FOR A SPECIAL EXCEPTION FOR 1.1 FEET, NOT 3.7.

1.1 FEET. YES.

WOULD YOU BE AGREEABLE TO ACCEPTING A MOTION.

YES, SIR. CHAIR.

FROM THE EVIDENCE, TESTIMONY AND PLANS PRESENTED, I WOULD MOVE THAT THE BOARD GRANT REQUEST ZBA 2022-06 TO ALLOW SETBACK ENCROACHMENT SPECIAL EXCEPTION FROM THE CITY ZONING ORDINANCE REGARDING REAR YARDS SPECIFICALLY GRANTING AN EXISTING DETACHED ACCESSORY STRUCTURE TO ENCROACH ONE AND 1/10 FEET AS IDENTIFIED IN ATTACHMENT THREE OF THE STAFF REPORT INTO THE REQUIRED TEN FOOT REAR YARD SETBACK ALONG THE WESTERN PROPERTY LINE.

THIS MINIMUM SETBACK TO REMAIN AT TEN FEET.

THE SUBJECT PROPERTY AND PROPOSED AS LOT 1R BLOCK 8, LIPSEY ADDITION AND MORE COMMONLY REFERRED TO AS 3002 SOUTH FM 51 CITY OF DECATUR.

ALL RIGHT, WE HAVE A MOTION FROM MR. WOODRUFF. I WILL SECOND THE MOTION FOR ZBA 2022-06.

WE HAVE A SECOND, MR. CLINEMITH.

ALL THOSE IN FAVOR SAY AYE, AYE.

ANY OPPOSED. ALL RIGHT, ITEM TWO PASSES.

MR. ARNOLD, WE'RE GLAD YOU'RE HERE.

THAT'S RIGHT. ALL RIGHT.

[ITEM 3: The Board to hold a public hearing, consider and take action on a request for a setback encroachment special exception from the City of Decatur’s Zoning Ordinance regarding front yards for the property proposed as Lot 14R, Block 6, Lipsey Addition and more commonly referred to as 3109 S. Murvil St., City of Decatur, Wise County, Texas. The request is for a special exception to the City of Decatur Code of Ordinances, Appendix B., “Zoning,” Article 7, “Development Standards,” Section 7.6, “Accessory Structure Regulations,” Subsection 7.6.1, “Accessory Structures in Residential Districts,” Item A, “Front Yard.” That provision states that “detached accessory buildings shall be located in the area defined as the rear yard.” Applicant is requesting a setback encroachment special exception from the City’s Zoning Ordinance to allow an existing detached accessory structure, as identified in CITY OF DECATUR, TEXAS Development Services  1601 S. State Street  Decatur, TX 76234  (940) 393-0250 voice (940) 626-4629 fax Attachment 3 of the staff report, to encroach twenty-three and six tenths feet (23.6’) into the required twenty-five foot (25’) front yard setback along south Garland Street. (ZBA Application 2022-07 – Kim Chambers)]

MOVING ON TO ITEM THREE.

ALL RIGHT. SO, ITEM THREE IS ZBA 2022-07 3109 SOUTH MARVEL STREET FRONT YARD SETBACK ENCROACHMENT.

MS. KIM CHAMBERS REQUESTS FOR A SETBACK ENCROACHMENT.

SPECIAL EXCEPTION TO ALLOW AN EXISTING DETACHED ACCESSORY STRUCTURE TO ENCROACH 23 AND 6/10 FEET ALONG SOUTH GARLAND STREET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG SOUTH GARLAND STREET PROPOSED AS LOT 14 R BLOCK 6, LIPSY ADDITION AND ITS ADDRESS 3109 SOUTH MYRTLE STREET.

THE ENCROACHMENT EXHIBIT TEN PROPERTY OWNERS WERE NOTIFIED WITH THIS MAILING.

WE HAD ONE RESPONSE IN FAVOR OF AND ONE RESPONSE NEUTRAL.

STAFF FINDINGS ON THIS ARE THE REQUEST OF THE SPECIAL EXCEPTIONS DOES NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.

THE EXISTING DETACHED ACCESSORY STRUCTURE HAS BEEN IN EXISTENCE SINCE 1965 PER WISE COUNTY APPRAISAL DISTRICT.

REDUCED SETBACKS FOR THE EXISTING STRUCTURE DOES NOT APPEAR TO ADVERSELY AFFECT THE SURROUNDING PROPERTY OWNERS.

ZONING REGULATIONS AMENDED IN 2015 REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE A PERMIT CAN BE ISSUED.

THE PROPERTY CANNOT PROPERLY PLAT UNTIL THE ENCROACHMENT IS ADDRESSED.

THERE ARE SPECIAL CONDITIONS FOR THE SUBJECT PARCEL.

THE EXISTING DETACHED ACCESSORY STRUCTURE HAS BEEN IN ITS CURRENT CONFIGURATION AND LOCATION FOR NEARLY 57 YEARS AND THE PROPERTY OWNER IS SEEKING TO SELL THE LOT AND THE TITLE COMPANY IS REQUIRING THAT THE LOT BE PROPERLY PLATTED.

IN ORDER TO DO SO, THE EXISTING SETBACK ENCROACHMENT WILL NEED TO BE RECTIFIED.

THE REDUCED BUILDING SETBACKS DO NOT APPEAR TO BE IN COMMON AN UNCOMMON PHENOMENON OR CONDITION THAT ADVERSELY AFFECTS THE SURROUNDING NEIGHBORS.

THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTIONS, AND THE EXISTING RESIDENTIAL STRUCTURE AND THE ATTACHED ACCESSORY STRUCTURE HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATION FOR NEARLY 57 YEARS.

THE IMPROVEMENT WAS CONSTRUCTED, CONSTRUCTED PRIOR TO THE SUBDIVISION ORDINANCES IN 1977, AND INTERPRETATION OF THE PROVISIONS OF THE ORDINANCE COULD DEPRIVE THE APPLICANT OF OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE SAME ZONING DISTRICT.

APPLICANT IS TRYING TO SELL THE LOT AND WAS UNAWARE OF THE ENCROACHMENT ISSUE WITH THE DETACHED ACCESSORY STRUCTURE AND THE LOT NOT BEING PROPERLY PLATTED.

APPLICANT IS ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS, BUT FOR THE ENCROACHMENT BY THE EXISTING DETACHED ACCESSORY STRUCTURE LOCATED ON THE PROPERTY BEFORE THE APPLICANT CAN RE PLAT THE PROPERTY.

SPECIAL EXCEPTION IS NEEDED TO BE GRANTED BY THE ZBA.

WE ALSO HAVE THE CITY ENGINEER FINDINGS IN YOUR PACKET.

[00:15:25]

AND THE APPLICANT IS HERE FOR THIS ONE ALSO.

MS. CHAMBERS. IT'S KIND OF A UNIQUE PROPERTY.

IT'S KIND OF A POSH PIECE OF PROPERTY THAT FRONTS TWO STREETS AND THEREFORE YOU HAVE THE TWO FRONT YARD SETBACK REQUIREMENT.

BUT THE FRONT OF THE HOUSE IS ORIENTED TOWARD [INAUDIBLE].

TOWARDS [INAUDIBLE] YES, SIR.

ALL RIGHT. MS. CHAMBERS DO YOU WANT TO SAY ANYTHING OR.

I REALLY I JUST WANT. THERE'S A SWIMMING POOL IN THE BACKYARD.

THAT'S WHY THAT PRIVACY FENCE IS UP [INAUDIBLE].

VERY GOOD. ALL RIGHT.

WE'LL OPEN UP THE PUBLIC HEARING AT THIS POINT.

ANYBODY WOULD LIKE TO SPEAK MAY DO SO.

AGAIN THERE'S NOBODY ONLINE.

OKAY. ALL RIGHT.

3:47. THANK YOU, PAT.

AND WE'LL CLOSE THE PUBLIC HEARING AND THEN WE'LL ENTERTAIN COMMENTS OR QUESTIONS FROM THE BOARD.

[INAUDIBLE] I'LL SAY 3:48 ABOUT THAT.

IT WAS A QUICK PUBLIC HEARING.

OKAY. ANY QUESTIONS? AS WAYNE SAID, THIS IS AN UNUSUAL LOT.

IT'S GOT ESSENTIALLY TWO FRONT YARDS, BUT THE HOUSE IS WAS BUILT AND ORIENT'S TO [INAUDIBLE].

THIS IS REALLY JUST THE BACKYARD.

BUT BECAUSE IT IS A STREET, WE HAVE TO MAKE AN EXCEPTION FROM THAT FRONT YARD SETBACK ON THE BACK.

WE DON'T HAVE ANY QUESTIONS OR COMMENTS.

I WOULD ENTERTAIN A MOTION ON THIS.

AND AGAIN, TO BE CLEAR, AND WE DIDN'T SAY THIS ON THE FIRST ITEM, BUT THE SECOND ITEM BUT ANY SPECIAL EXCEPTIONS THAT WE MAKE TODAY WILL BE FOR THE EXISTING STRUCTURE, NOT NOT ON THE LOT ITSELF.

[INAUDIBLE] THE MOTION WILL ALLOW THE SPECIAL EXCEPTION FOR THE EXISTING ENCROACHMENT IF THAT ENCROACHMENT IS EVER REMOVED, THEN THAT EXCEPTION GOES AWAY.

EXACTLY. THANK YOU.

WELL SAID. ALL RIGHT.

MOTION. OR.

QUESTION. ENTERTAINING A MOTION TO ACCEPT ZBA 2022-07.

I'M GOING TO READ ALL OF THIS.

NOT SURE. I THINK THAT'S FINE. I DID A GOOD JOB.

YES. ALL RIGHT.

WE HAVE A MOTION ON THE TABLE FROM MR. CROSS. WE HAVE A SECOND.

SECOND FOR MR. STONE.

ALL THOSE IN FAVOR SAY AYE, AYE.

ANY OPPOSED? HAVING NO OPPOSED.

ITEM THREE IS APPROVED.

DID I SAY THAT RIGHT. THAT'S NOT ITEM THREE.

YES, IT WAS ITEM YES.

OKAY. OKAY.

NOW WE'LL MOVE ON TO AGENDA ITEMS FOUR AND FIVE AND WE WILL DISCUSS THOSE TOGETHER AND HEAR THEM.

[Items 4 & 5]

SURE. STAFF REPORT ON THOSE.

SO AGENDA ITEMS, FOUR AND FIVE ZBA 2022-08 AND ZBA 2022-09 FOR 3107 SOUTH MURVIL STREET SIDE AND FRONT YARD SETBACK ENCROACHMENTS.

THE STAFF REPORT WAS WRITTEN FOR TWO CASES.

HOWEVER, ACTION MUST BE TAKEN SEPARATELY FOR EACH ITEM.

MS. KIM CHAMBERS REQUEST ON BEHALF BEHALF OF DIANE STONE FOR SIT BACK ENCROACHMENT, SPECIAL EXCEPTIONS, ALLOWING AN EXISTING ACCESSORY STRUCTURE TO ENCROACH THREE FEET INTO THE REQUIRED THREE FOOT SIDE YARD SETBACK ALONG THE SOUTHERN PROPERTY LINE AND AN EXISTING ACCESSORY STRUCTURE TO ENCROACH TWO AND 5,500 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG SOUTH GARLAND STREET.

[00:20:03]

SAYS LOT 13 BLOCK 6, LIPSY ADDITION, ALSO KNOWN AS 3107 SOUTH MURVIL STREET.

YOU HAVE EXHIBITS FOR THE ENCROACHMENT.

THERE WERE A TOTAL OF 20 PROPERTIES OWNERS NOTIFIED FOR THIS.

WE RECEIVED ONE RESPONSE NEUTRAL TO THE ITEMS. AND STAFF FINDINGS THE REQUESTED SPECIAL EXCEPTIONS DO NOT VIOLATE THE INTENT OR SPIRIT OF THE ORDINANCE.

THE EXISTING DETACHED ACCESSORY STRUCTURE HAS BEEN IN EXISTENCE SINCE 1996 PER THE WISE COUNTY APPRAISAL DISTRICT.

REDUCED SETBACKS FOR THE EXISTING STRUCTURE DOES NOT APPEAR TO ADVERSELY AFFECT THE SURROUNDING PROPERTY OWNERS.

ZONING REGULATIONS AMENDED IN 2015 REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE A PERMIT CAN BE ISSUED AND PROPERTY CANNOT BE PROPERLY PLATTED UNTIL THE ENCROACHMENT IS ADDRESSED.

THERE ARE SPECIAL CONDITIONS OF RESTRICTED SHAPE, AREA TOPOGRAPHY OR PHYSICAL FEATURES THAT EXIST THAT ARE PECULIAR TO THE SUBJECT PARCEL, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT.

THE EXISTING DETACHED ACCESSORY STRUCTURE HAS BEEN IN ITS CURRENT CONFIGURATION AND LOCATION FOR NEARLY 26 YEARS.

PROPERTY OWNER OF 3109 SOUTH MURVIL STREET IS SEEKING TO SELL THEIR LOT, AND THE TITLE COMPANY IS REQUIRING THAT LOT THAT LOT TO BE PROPERLY PLATTED. IN ORDER TO DO SO, THE EXISTING SETBACK ENCROACHMENT WILL NEED TO BE RECTIFIED.

THE REDUCED BUILDING SETBACK DOES NOT APPEAR TO BE AN UNCOMMON PHENOMENON OR CONDITION THAT ADVERSELY AFFECTS THE SURROUNDING NEIGHBORS.

AGAIN, IT'S THIS IS A SPECIAL EXCEPTION FOR THE SETBACK FOR WHAT'S IN THERE IF THAT SETBACK GOES AWAY.

AS WE TALKED ABOUT BEFORE, THE SPECIAL EXCEPTION WOULD GO AWAY.

THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION.

THE EXISTING RESIDENTIAL STRUCTURE AND DETACHED GARAGE HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATION FOR NEARLY 26 YEARS, AND THE IMPROVEMENT WAS CONSTRUCTED CONSTRUCTED PRIOR TO THE SUBDIVISION ORDINANCE.

I'M NOT SURE THOSE DATES LINE UP ON THAT.

THE INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE COULD COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT THAT COMPLY WITH THE SAME PROVISIONS.

THE APPLICANT IS TRYING TO SELL 3109 SOUTH MURVIL AND WAS UNAWARE OF THE ENCROACHMENT ISSUE WITH THE DETACHED ACCESSORY STRUCTURE AND THE LOT WAS NOT IT WAS NOT PROPERLY PLATTED AND THE APPLICANT IS ATTEMPTING TO BRING BOTH 3107 AND 3109 SOUTH MURVIL PROPERTIES INTO COMPLIANCE WITH THE CITY'S REGULATIONS.

BUT FOR ENCROACHMENTS BY EXISTING DETACHED ACCESSORY STRUCTURES LOCATED ON THE PROPERTY.

BEFORE APPLICANT CAN REPLAT THE PROPERTIES, SPECIAL EXCEPTIONS WILL NEED TO BE GRANTED BY THE ZBA.

AGAIN THE CITY ENGINEER'S FINDINGS ARE IN YOUR PACKET.

IF YOU'VE GOT ANY QUESTIONS ON THOSE.

AND THEN WE HAVE EXHIBITS FOR THAT STRUCTURE.

ALL RIGHT. THANK YOU, WAYNE.

SO WE'LL NEED TO TAKE ACTION SEPARATELY ON THESE.

WE'LL OPEN UP THE PUBLIC HEARING IF THERE'S ANYONE THAT WOULD LIKE TO SPEAK ON, I GUESS, EITHER ONE OF THESE.

JUST ITEM FOUR. OKAY.

SO A PUBLIC HEARING FOR JUST ITEM FOUR FOR THE SIDE YARD ENCROACHMENT.

ALL RIGHT? YES, MA'AM.

KNOW MY DAD, AND HE JUST KIND OF PUT THINGS WHERE HE WANTED, AND THAT'S MY SISTER THAT LIVED NEXT DOOR.

SO THEY, LIKE, SHARED THE FENCE AND EVERYTHING.

SO THAT'S WHY WE'RE TRYING TO GET EVERYTHING BACK UP TO CODE WHERE ALL THE LINES NEED TO BE.

SO EVERYTHING'S, YOU KNOW, PROPER AND RIGHT.

SO INTENT IS TO SELL.

THANK Y'ALL, SURE THING.

ALL RIGHT. ANYONE ELSE? WE WILL CLOSE THE PUBLIC HEARING FOR ITEM FOUR AT 3:56.

[00:25:11]

QUESTIONS OR MOTIONS.

I DON'T THINK I WILL TAKE AN EMOTIONAL MOTION FROM YOU IF YOU'D LIKE.

YES. HMM.

YES. IN THAT CASE I WOULD LIKE TO OFFER THIS MOTION FROM THE EVIDENCE TESTIMONY PRESENTED.

I MOVE THE BOARD GRANT THE REQUEST FOR ZBA 2022-08 TO ALLOW A SETBACK ENCROACHMENT SPECIAL EXEMPTION FROM OUR ZONING ORDINANCE REGARDING SIDE YARDS AS PRESENTED HERE BY STAFF IN THIS MEETING AGENDA.

WE HAVE A MOTION FROM MR. WOODRUFF, IS THERE A SECOND? SOUNDS GOOD. YOU HAVE A SECOND FROM MR. STONE. ALL THOSE IN FAVOR SAY AYE, AYE.

OPPOSED? ALL RIGHT. APPLICATION FOR 2022-08 IS APPROVED.

AND NOW ITEM FIVE ON OUR AGENDA.

SAME PROPERTY FOR THE FRONT YARD OR THE SPECIAL EXCEPTION TO THE FRONT YARD SETBACK OR THE ENCROACHMENT INTO THE FRONT YARD SETBACK? AND WE'LL OPEN UP PUBLIC HEARING FOR THIS ITEM AT 3:58.

AS FOR ANY COMMENTS.

I'M NOT HEARING NONE. WE'LL CLOSE THAT AT 3:58 AND THEN I'LL ASK FOR COMMENTS, QUESTIONS OR A MOTION.

IF YOU FEEL COMFORTABLE, MAKE A MOTION WE ACCEPT 2022-09 AS STATED.

VERY GOOD. WE HAVE A MOTION FROM MR. CROSS. DO WE HAVE A SECOND? I'LL SECOND. ALL RIGHT.

YOU'RE A SPECIALIST AT THAT TODAY.

I APPRECIATE THAT VERY MUCH.

WE HAVE A SECOND FOR MR. STONE.

ALL THOSE IN FAVOR SAY AYE, AYE.

ANY OPPOSED. ALL RIGHT.

ITEM FIVE 2022-09 IS ALSO APPROVED.

THANK YOU, MS. CHAMBERS, FOR ALWAYS DOING IT RIGHT.

[ITEM 6: New and/or future business items.]

ITEM SIX IS NEW BUSINESS, IF THERE IS ANY.

AT THE START OF THIS MEETING, WE HAVE NO APPLICATIONS FOR FOR THE NEXT MEETING.

YOU KNOW, YOU ALWAYS SAY THAT AND THEN SOMEBODY COMES IN BEFORE OR 5:00.

THAT'S WHY I SAID AS OF THE START OF THIS MEETING, WE HAD NO APPLICATIONS FOR THIS.

WE MAY GET OFF OF THIS.

I MAY HAVE ONE OVER IN MY EMAIL RIGHT NOW.

WHO KNOWS? BUT BUT AS OF RIGHT NOW, THE OCTOBER 17TH MEETING HAS NO AGENDA ITEMS. VERY GOOD. ALL RIGHT.

THANK YOU ALL FOR YOUR SERVICE.

WE STAND ADJOURNED AT 4:00.

* This transcript was compiled from uncorrected Closed Captioning.