[00:00:03]
ALL RIGHT. WELL, WE WILL GET STARTED AT 3:30.
[Call to Order]
AND OUR FIRST ORDER OF BUSINESS IS TO DISCUSS AND TAKE ACTION ON THE SEPTEMBER 19TH.[ITEM 1: Discuss and take appropriate action regarding September 19, 2022, Minutes.]
HARD TO BELIEVE SEPTEMBER 19TH IS THE LAST TIME WE MET THE MINUTES FOR THAT MEETING.A MOTION TO APPROVE THE MINUTES.
ALL RIGHT. WE HAVE A MOTION FROM WILL.
DO WE HAVE A SECOND? SECOND. SECOND FROM DANNY.
ALL THOSE IN FAVOR SAY AYE? AYE. ALL RIGHT.
MOTION. THE MINUTES ARE APPROVED FOR SEPTEMBER 19TH OF 22.
BEFORE THAT, LET ME LET ME READ WHAT I'M SUPPOSED TO READ.
THIS IS AN IN-PERSON AND VIDEO CONFERENCE MEETING.
ANYONE MAY JOIN THE MEETING VIA VIDEO CONFERENCE AT W-W-W DOT ZOOM.US FORWARD SLASH JOIN OR VIA TELEPHONE BY CALLING ONE 346 2487799.
MEETING ID 91255952930 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 THREE MINUTES TO PROVIDE COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH THE REQUEST TO SPEAK WAS SUBMITTED.
THE THREE MINUTE TIME PERIOD WILL BE EXTENDED TO SIX 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 W SMITH@DECATUR.ORG OR CFU'S AT DECATUR XORG BEFORE AND DURING THE MEETING ON MONDAY, MARCH 20TH.
PLEASE PROVIDE YOUR NAME, ADDRESS AND THE AGENDA ITEM NUMBER.
[Items 2 - 4]
THIS IS A REQUEST FOR.AND ENCROACHMENT IS A SPECIAL EXCEPTION.
OKAY. AND IF YOU DON'T MIND, CHAIRMAN, I'LL GO AHEAD AND READ THE AGENDA ITEM BECAUSE WE PUT THREE, TWO, THREE AND FOUR TOGETHER. VERY GOOD.
SINCE IT'S FOR THE SAME PROPERTY.
THIS IS MR. ERIC LANGTON'S REQUEST FOR SETBACK.
ENCROACHMENT, SPECIAL EXCEPTIONS WHICH WILL ALLOW.
AND FIRST AND FOREMOST, AN EXISTING RESIDENTIAL STRUCTURE TO ENCROACH SEVEN FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG SOUTH TRINITY STREET.
SECONDLY, THE EXISTING CARPORT THAT'S ATTACHED TO THE RESIDENTIAL STRUCTURE TO ENCROACH 22 AND 6/10 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG EAST PARK STREET.
AND THEN FINALLY, AN EXISTING DETACHED ACCESSORY STRUCTURE TO ENCROACH 25FT INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG EAST PARK STREET.
THE LEGAL DESCRIPTION FOR THE PROPERTY IS LOT THREE, BLOCK 78 SOUTH DECATUR EDITION, AND THE PROPERTY IS MORE COMMONLY REFERRED TO AS 1307 SOUTH TRINITY STREET.
THESE ARE THE ENCROACHMENT EXHIBITS.
THE FIRST ONE 2023-01 IS THE PRIMARY STRUCTURE ENCROACHING INTO THE FRONT YARD SETBACK.
THE SECOND EXHIBIT IS ZBA 202302.
AND THEN ZBA 2023-03 IS THE DETACHED ACCESSORY STRUCTURE THAT'S ENCROACHING IN THE FRONT YARD SETBACK AND ALSO IN THE RIGHT OF WAY.
WE DID. NOTIFY 23 PROPERTY OWNERS FOR 2020 301 WE RECEIVE ONE
[00:05:07]
PERSON. HE WAS VERY NEUTRAL TO THE RESPONSE OR TO THE REQUEST, AND THAT'S FORMER MAYOR JOE LAMBERT.AND WE DID NOT RECEIVE ANY NOTIFICATIONS FOR THE OTHER TWO APPLICATIONS.
UM, IN TERMS OF FINDINGS, I'M GOING TO GIVE YOU TWO SETS OF FINDINGS.
ONE FOR ZBA 2023-01 AND ZERO TWO TOGETHER, AND THEN THE OTHER ONE WILL BE FOR ZBA 2023-03.
THE FIRST ONE IS THE REQUESTED SPECIAL EXEMPTION.
I'M SORRY. THEY REQUESTED SPECIAL EXCEPTIONS.
DO NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.
THE EXISTING RESIDENTIAL STRUCTURE, WHICH WILL INCLUDE THE CARPORT, AS FAR AS WE CAN TELL, HAVE BEEN IN EXISTENCE SINCE 1920 PER THE WISE COUNTY APPRAISAL DISTRICT RECORDS.
A REDUCED SETBACK FOR THE EXISTING STRUCTURES.
DO NOT APPEAR TO ADVERSELY IMPACT THE SURROUNDING PROPERTY OWNERS.
IT'S BEEN IN THIS CONFIGURATION FOR ALL OF THESE YEARS.
OUR ZONING REGULATIONS WERE AMENDED IN 2015 AND DO REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE PERMIT CAN BE ISSUED. MR LANG, WHO IS PROPOSING TO SPLIT THIS LOT INTO TWO TO DEVELOP ANOTHER HOUSING STRUCTURE.
SO IN ORDER FOR HIM TO DO THAT, HE HAS TO GET THESE ENCROACHMENTS RESOLVED.
THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREA SHAPED TOPOGRAPHY OR PHYSICAL FEATURES THAT EXIST PECULIAR TO THE SUBJECT PARCEL AND NOT APPLICABLE TO OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT.
AND PRIOR TO MR. AND MRS. LANG TODD'S PURCHASE OF THE PROPERTY IN 20 OR 2009.
I'M THE PROPERTY OWNER, IS SEEKING TO SPLIT THE LOT INTO TWO LOTS IN ORDER TO DO SO.
AGAIN, THE EXISTING SETBACK ENCROACHMENTS WILL NEED TO BE RECTIFIED.
NEXT SLIDE. THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION.
COMPLYING WITH THE SAME PROVISIONS AGAIN, IT DOESN'T APPEAR TO BE UNCOMMON PHENOMENON TO HAVE THESE ENCROACHMENTS BY THE RESIDENTIAL, THE PRIMARY RESIDENTIAL STRUCTURE AND THE CARPORT.
THE APPLICANT IS ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS, BUT FOR THE ENCROACHMENTS BY THE EXISTING RESIDENTIAL STRUCTURE AND CARPORT LOCATED ON THE PROPERTY BEFORE THE APPLICANT CAN REPLANT THE PROPERTY AGAIN.
THE SPECIAL EXEMPTIONS WILL NEED TO BE GRANTED BY THE ZONING BOARD OF ADJUSTMENT.
THE DETACHED ACCESSORY STRUCTURE.
THIS ONE REQUIRED A DIFFERENT ANALYSIS.
THE REQUESTED SPECIAL EXCEPTION DOES VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.
THE EXISTING DETACHED ACCESSORY STRUCTURE, FROM WHAT WE CAN TELL, HAS BEEN IN EXISTENCE SINCE 2016 PER THE WISE COUNTY APPRAISAL DISTRICT. NOW, WE WERE TOLD BY THE APPLICANT THAT THE DETACHED ACCESSORY STRUCTURE HAD HISTORICAL VALUE, LEADING ME TO ASSUME THAT IT WAS PART OF THE ORIGINAL HOUSE AND CARPORT.
HOWEVER, LIKE I SAID, BASED ON THE 2016.
INFORMATION WE RECEIVED FROM THE WISE COUNTY APPRAISAL DISTRICT.
THIS STRUCTURE WAS BUILT AND WITHOUT A BUILDING PERMIT, WE COULD NOT LOCATE IN OUR RECORDS ANY PERMIT THAT HAD BEEN ISSUED FOR THIS BUILDING. AND HOPEFULLY THE APPLICANT IS HERE TO SPEAK ON THIS.
[00:10:06]
THERE ARE NOT SPECIAL CONDITIONS OF RESTRICTED AREAS SHAPED TOPOGRAPHY OR PHYSICAL FEATURES THAT EXIST PECULIAR TO THIS PARTICULAR STRUCTURE.NOW TO THE PARCEL, YES, BUT NOT TO THE STRUCTURE.
AND MR., MRS. LANGTO PURCHASED THE PROPERTY IN 2009.
THE HARDSHIP IS A RESULT, AS NEAR AS WE CAN TELL, OF THE APPLICANT'S ACTION.
AGAIN, WE NEED TO HEAR FROM MR. LANGTO. THE DETACHED ACCESSORY STRUCTURE LOOKS TO BE BUILT IN 2016.
AGAIN, THERE'S NO BUILDING PERMIT THAT WAS ISSUED, AND AS FAR AS WE'RE CONCERNED, THIS BUILDING CAN BE REMOVED IF YOU SO DETERMINE.
UM. THE APPLICANT HAS RECEIVED AN ENCROACHMENT AGREEMENT BY THE CITY COUNCIL.
SINCE THE BUILDING DOES SIT IN THE RIGHT OF WAY FOR PARK STREET.
AGAIN, HAD A BUILDING PERMIT BEEN ISSUED FOR THIS, WE WOULD HAVE SPOTTED THAT AND WOULD HAVE INFORMED THE APPLICANT THAT THEY COULD NOT LOCATE THE BUILDING IN THE RIGHT OF WAY.
APPLICANT IS ATTEMPTING AGAIN TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS.
BUT FOR THIS ENCROACHMENT BY THIS DETACHED ACCESSORY STRUCTURE, THE RESIDENTIAL EXISTING RESIDENTIAL STRUCTURE AND THE CARPORT BEFORE THE APPLICANT CAN REPLAT THE PROPERTY.
SPECIAL EXCEPTIONS WILL NEED TO BE GRANTED BY THE BOARD OF ADJUSTMENT.
AND THEN YOU ALSO HAVE THE CITY ENGINEER'S REPORT, IF YOU LIKE.
EARL CAN WALK YOU THROUGH THAT.
MARK, WOULD YOU LIKE FOR HIM TO.
YEAH. EARL, IF YOU WOULD, WEIGH IN.
OKAY. CHERYL, COULD YOU PUT THE SLIDE BACK IN MY MEMO? PLEASE. CAN YOU SEE IT? NO. HERE.
OKAY, SO MY FINDINGS WERE VERY MUCH LIKE DEDRA.
I WOULD ONLY SUPPLEMENT HER COMMENTS THAT ALL THE CITY UTILITIES ARE IN THE STREET AND NOT ON PRIVATE PROPERTY.
I FIND THAT THE STRUCTURE DOESN'T CAUSE ANY SITE ISSUES AS FAR AS THE MOTORING PUBLIC.
UM. AND THAT, YOU KNOW, THE PROPERTIES AROUND IT ARE BUILT OUT. AND I DON'T SEE ANY PARTICULAR PUBLIC WORKS ISSUES AS FAR AS WHETHER THE VARIANCE IS WHETHER THE EXCEPTIONS GRANTED OR NOT.
LOOKING SOUTH AND NORTH ALONG TRINITY STREET.
LOOKING EAST AND WEST ALONG PARK STREET.
AND THEN FOR 2023-03, LOOKING EAST AND WEST ALONG PARK STREET.
DEDRA. I'LL MAKE SURE I DO THIS RIGHT.
SO WE'RE GOING TO OPEN A PUBLIC HEARING NOW.
TALK TO THE APPLICANT OR HAVE THE APPLICANT SPEAK.
GOOD. WE'D LOVE FOR YOU TO MR LANGTO TO YOU.
[00:15:03]
COME ON UP HERE TO THE LECTERN, IF YOU DON'T MIND.YEAH, SURE. AND PUSH THAT BUTTON.
HELLO. IS THAT MY ON? IF IT SAYS IF THE GREEN LIGHT IS ON, THEN YOU'RE GOOD.
GREEN LIGHT. I'M ON. YES, SIR.
ALL RIGHT. SO BASICALLY, IF YOU LOOK AT AGENDA ITEM FOUR, THAT BRICK BUILDING THAT THAT ONE HAS BEEN THERE CLEARLY SINCE THE SINCE THE 20 SECONDS, AS FAR AS I CAN TELL.
WE DID PURCHASE IT, I THOUGHT ZERO EIGHT.
BUT I DON'T KNOW WHEN THAT CAME UP, BUT WE DID PUT A ROOF ON THAT OTHER BUILDING.
BUT THE STONE, THE BLOCK BUILDING.
AND SO I KNOW THAT IS REALLY OLD IN THE BACK YARD OF THIS HOUSE.
THERE IS A CONCRETE SLAB THAT SAYS 1920 WITH A HANDPRINT IN IT.
WE THERE WEREN'T VERY MANY RECORDS AND SADLY THERE'S LESS NOW.
BUT THAT BLOCK BUILDING, THOSE ARE REALLY OLD BLOCKS AND THAT'S BEEN THERE FOREVER.
THE HOUSE HAS BEEN THERE FOREVER.
AND BUT THAT LITTLE CARPORT ON THE SIDE, THAT LITTLE METAL ONE WITH THE LITTLE LEGS COMING UP.
IF YOU HAVE A PROBLEM WITH THAT, IT'S GONE.
BUT THE OTHER STUFF HAS BEEN THERE FOREVER.
AND SO THAT'S REALLY WHAT I WANT.
THE HOUSE WAS THERE BEFORE THE ORDINANCE IS THAT BLOCK BUILDING WAS THERE.
YOU KNOW, IT'S BEEN THERE, I BELIEVE IT'S LIKE IT SAYS 103 YEARS OLD.
SO I'D RATHER KEEP IT THAT WAY IF I COULD, YOU KNOW.
BUT ANY QUESTIONS? SO YOU SAID YOU PUT A NEW ROOF ON THE THAT ACCESSORY BUILDING? YES. IT LOOKS LIKE IT'S NOT THERE ANYMORE.
WELL, THIS PICTURE MUST BE OLD BECAUSE IT IS ON THERE NOW.
SO I THINK THAT'S WHAT THEY MEAN WHEN THEY SAY WAS ADDED IN 2016.
I DON'T KNOW. WE JUST PUT IT UP THERE.
I WAS LIVING THERE AT THE TIME.
ME AND MY FAMILY, I MOVED UPSTATE INTO THAT HOUSE WHILE WE WERE BUILDING OUR OTHER HOUSE.
AND I PUT A ROOF ON IT FOR A SHED.
BUT I MEAN, THE STRUCTURE WAS THERE, BUT WE JUST PUT UP SOME TWO BY SIX AND METAL ROOF ON IT.
WE'RE IN THE MIDDLE OF DOING A RENOVATION.
WE JUST DID THE FOUNDATION ON THAT HOUSE AND SO WE THOUGHT, WE'RE FIXING UP THE HOUSE.
WE REDID THE ENTIRE FOUNDATION AND WE'RE GOING TO MAKE IT NICER.
AND SO WE THOUGHT THIS WAS THE TIME TO GO AHEAD AND SPLIT THAT LOT BECAUSE WE BOUGHT IT.
THE REQUIREMENTS WERE DIFFERENT.
WE WERE WATCHING IT AND SEEING LIKE IT'S A BIG LOT.
SO WE THOUGHT, WELL, EVENTUALLY WE'LL BE ABLE TO SPLIT THIS INTO TWO.
WE HAVE NO IMMEDIATE PLANS TO DO ANYTHING RIGHT NOW, BUT WE DO WANT TO CAPITALIZE ON THE ON THE CHANGING OF THE ORDINANCES THAT WE CAN SPLIT THAT LAW IN HALF AND HAVE TWO LOTS INSTEAD OF ONE.
WHICH. AND HOW ARE YOU ANTICIPATING SPLITTING THOSE? I DO HAVE I HAVE DRAWINGS, BUT IT'S NOT IT'S ON THE OTHER SIDE OF THAT HOUSE.
AND AND WE HAVE WE'VE GOTTEN A CURRENT SURVEY AND I HAVE IT AND IT ALL CHECKS OUT.
BUT THAT'S I GUESS THIS HAS TO HAPPEN FIRST BEFORE WE GET TO THAT.
BUT I DO HAVE THE DRAWING OF THAT IF YOU WANT TO SEE IT.
IT'S MDH SURVEYING HAS DONE IT.
MY DAUGHTER KEEPS AND HOW WIDE WOULD THE FRONTAGE BE ON THE NEW LOT? THEY'RE BOTH 50 PLUS WITH THE SETBACKS, EVERYTHING CHECKS OUT.
IS THAT EVERYTHING WAS IS GOING TO WORK OUT.
AND YOUR LAST PROJECT YOU DID WITHOUT A PERMIT.
SO THAT ROOF APPARENTLY IT WAS WITHOUT A PERMIT.
I DIDN'T EVEN THINK ABOUT IT BECAUSE THE STRUCTURE WAS THERE.
AND AT ONE TIME IT HAD A PERMIT, I THOUGHT, BUT THAT CARPORT THAT THEY SAID WE DIDN'T BUILD THAT WAS THERE WHEN WE BOUGHT THE ROOF YOU BUILT, YOU EITHER GOT A PERMIT OR YOU DIDN'T.
YES, SIR. DID YOU NOT GET A PERMIT? I DON'T REMEMBER. BUT THE BRICK BUILDING YOU SEE THERE, THE 21 FOUR BY 21FT FIVE.
I GUESS. I DON'T REMEMBER WHEN WE DID IT.
AND I DON'T REMEMBER GETTING A PERMIT OR NOT GETTING A PERMIT, BUT THEY SAY WE DIDN'T.
FROM WHAT YOU'RE TELLING US, THAT STRUCTURE, THOSE WALLS ON THAT BRICK WAS ALREADY THERE WHEN YOU PURCHASED? YES. SO INITIALLY IT WOULD HAVE HAD A ROOF ON IT, OBVIOUSLY.
I MEAN, IT'S 100 YEARS OLD, THAT BRICK BUILDING.
IT'S NOT BRICK, IT'S CINDERBLOCK.
SO AND IT HAD BOLTS LAG BOLTS COMING UP AND THERE WERE TWO BY SIXES ON IT.
[00:20:04]
ALL WE DID WAS ATTACHED TO THAT AND RAN A RIDGE DOWN.IT PUT A COUPLE OF TWO BY SIX.
YOU KNOW JOYCE AND THREW SOME TIN ON IT.
I MEAN. BUT YEAH, I GUESS THAT WAS 2016 IS WHAT THEY SAID.
I DON'T KNOW WHEN THAT WAS I KNOW I LIVED THERE.
WE PUT IT ON THERE AT THE TIME WHEN I WAS LIVING THERE, SO I DID IT MYSELF.
I DON'T KNOW IF I NEEDED A PERMIT TO DO THAT.
I THOUGHT THAT I COULD PUT A ROOF ON A STRUCTURE THAT WAS STANDING.
UM, AND WE JUST USE AERIAL PHOTOGRAPHY.
SO IT'S JUST WHEN IT SHOWED UP.
YEAH, IT WOULD HAVE BEEN WHEN THE ROOF WAS PUT ON IT, RIGHT.
IS THAT IS THAT YOUR UNDERSTANDING? THAT'S WHAT I WAS TOLD TODAY.
I'VE BEEN LIVING IN IT FOR SEVEN YEARS.
WE LIVED THERE. SO, YEAH, I MEAN.
FIVE, SIX YEARS. SO THAT SOUNDS ABOUT RIGHT.
AND YOU ALL STILL LIVE THERE? WE DON'T LIVE IN THIS HOUSE, BUT WE DID WE BUILT A HOUSE OUT HERE ON 1111.
AND DOES THAT STRUCTURE THE CENTER LOCK STRUCTURE, DOES IT ENCROACH EVEN INTO THE RIGHT OF WAY? SO IT'S BEYOND YOUR PROPERTY LINE? YEAH. SO YOU GOT THE ENCROACHMENT AGREEMENT FROM CITY COUNCIL? YES. YEAH, IT'S IN THE STREET.
IT'S PROBABLY IN THE RIGHT OF WAY.
AND I THINK THE RIGHT AWAY IS TEN FEET.
I MEAN, IT'S BEEN THERE SINCE BEFORE ROADS WERE THERE, I THINK.
I MEAN, WHEN I FIRST BOUGHT THIS HOUSE, I KNOW JOE LAMBERT, WHO WAS THE NEUTRAL ON THAT.
SO HE'S MY NEIGHBOR NOW, BUT HE WAS LIKE HE WAS AROUND.
AND I MEAN, HE MAY HAVE DONE THE PERMIT ON IT WHEN I FIRST BOUGHT IT.
SO BUT LIKE, NOBODY EVER TOLD ME ANYTHING ABOUT THAT BUILDING BEING IN THE WAY OF ANYTHING.
LIKE I BOUGHT THE HOUSE, THE HOUSE, THE BUILDING, THE CARPORT, EVERYTHING WAS THERE.
SO I HAVE NOT ADDED ANY ANYTHING TO THAT.
I DID DO A REMODEL ON THE HOUSE.
WE'RE CURRENTLY DID THE FOUNDATION THAT'S PERMITTED.
WE'RE DOING A BATHROOM REMODEL THAT'S PERMITTED.
I DON'T DO THINGS WITHOUT GETTING PERMITS THAT I THINK I HAVE TO HAVE OR THAT I SHOULD HAVE.
AS FAR AS THAT ROOF, IF I DID IT WITHOUT A PERMIT, IT'S BECAUSE I DIDN'T THINK I NEEDED IT.
OTHER THAN THAT, I DON'T DO ANYTHING IN THE CITY WITHOUT PERMITS.
DOES IT SOUND LIKE YOU'RE IN CONSTRUCTION? I AM, YEAH. YOU'D REMEMBER IF YOU DID PERMITS AND.
YEAH, WELL, PUTTING A ROOF ON SOMETHING SEEMS LIKE YOU'D HAVE A PERMIT, BUT.
WELL, IF IT HAD BEEN THERE FOR 100 YEARS AND I WAS PUTTING IT UP, I'D PROBABLY.
YEAH. I DON'T THINK I DID ANYTHING ELSE.
YOU KNOW, BECAUSE I THOUGHT YOU COULD ACTUALLY EVEN DO ELECTRICAL IN THE CITY IN A HOUSE.
IF YOU DIDN'T, YOU KNOW, IF YOU'RE LIVING THERE, YOU COULD PULL A PLUG OR A WIRE OR SOMETHING.
I'M SAYING I HAVE TO HAVE IT FOR MY HOME.
OKAY. I DIDN'T KNOW THAT IN 2019.
YEAH. SIX FOOT FENCE WITH AN EIGHT FOOT FENCE.
YEAH. I DIDN'T WANT TO HAVE A.
RIGHT. LUCKY YOU HAVE THAT INSIDER INFORMATION. NO, IT DIDN'T.
YEAH. SO LET ME ASK ONE MORE QUESTION.
[00:25:04]
SO HOW FAR DOES THE BRICK BUILDING OR THE CINDER BLOCK BUILDING GO INTO THE RIGHT OF WAY? WHAT URL DO YOU REMEMBER? IT'S A LITTLE OFFSET.ONE SIZE IS NOT. ONE CORNER IS NOT EXACTLY THE SAME AS THE OTHER, BUT IT'S AROUND FIVE FEET.
BUT THE ENCROACHMENT INTO THE RIGHT OF WAY HAS BEEN ADDRESSED.
WE'RE LOOKING IT UP THERE, TOO.
YEAH. AND THE LAST THING YOU SAID, EARL, I'M SORRY.
SO WHAT YOU GUYS ARE CONSIDERING, MARK, IS AN ENCROACHMENT INTO THE SETBACK.
AND THAT ACTION HAS ALREADY BEEN TAKEN BY THE CITY COUNCIL TO APPROVE THAT ENCROACHMENT AGREEMENT? THAT'S CORRECT.
I DO HAVE A FOLLOW UP QUESTION FOR YOU.
YES, SIR. DO YOU FINANCE THAT PROPERTY WHEN YOU ORIGINALLY BOUGHT IT? WE FINANCED IT A COUPLE OF TIMES.
SO WHEN I BOUGHT IT IN 2008, WE PAID $60,000 FOR IT.
I HAD A LOAN WITH ANDREW AT ANDREW RATTNER.
WE GOT A CONSTRUCTION LOAN AGREEMENT.
IT'S BEEN A RENTAL PROPERTY OF OURS.
WE DID IT FOR A NUMBER OF YEARS AND THEN WE CASH OUT, REFINANCE A NUMBER OF YEARS LATER.
WE'RE DOING THIS AND WE'RE PROBABLY GOING TO TRY TO REFINANCE TO COVER THE REMODEL.
NOW, THAT ENCROACHMENT IN THE RIGHT OF WAY GET BROUGHT UP IN THE FINANCING.
NOBODY EVER MENTIONED ANYTHING TO ME UNTIL THE SUBDIVISION.
BUT I THINK IT'S BECAUSE IT'S LIKE 100 YEARS OLD.
I MEAN, LITERALLY THAT CINDER BLOCK ON THAT BRICK, IT SAYS BRICK.
THAT'S A CINDER BLOCK BUILDING.
AND WE JUST PULLED THEM OUT FROM UNDERNEATH WHEN WE WERE DOING THE FOUNDATION.
AND THEY'RE UNUSUAL SIZE CINDER BLOCKS.
THAT'S WHAT THAT'S MADE OUT OF.
NOBODY HAS EVER MENTIONED ANYTHING TO ME EVER ABOUT ANY OF IT UNTIL.
NORMALLY THAT'S SOMETHING THAT SHOULD HAVE BEEN BROUGHT UP BY THE SURVEYOR.
WHEN YOU'RE GETTING FINANCING FOR THAT PROPERTY, THAT SHOULD HAVE BEEN ADDRESSED IMMEDIATELY.
YOU KNOW, IT WAS A NORTH TEXAS BANK.
AND IN FACT, FIRST STATE BANK WAS THE ONE THAT HAD THE LAST ONE.
WHEN WE MOVED IN, WE REFINANCED IT AGAIN AND HOMESTEADED IT WHEN WE LIVED THERE.
AND THEN WE PULLED SOME CASH OUT TO DO A REMODEL BECAUSE WE HAD SOME RENTERS THAT RUINED SOME STUFF.
SO WE HAD TO GET ANOTHER TEN GRAND FIX TWO BATHROOMS. I THROUGH A ROOF ON THAT.
AND NOBODY HAS EVER MENTIONED ANYTHING TO ME ABOUT ANYTHING EXCEPT FOR THE ALLEY.
THAT'S THE ONLY THING ANYBODY'S EVER SAID TO ME.
I MEAN, IT'S A COOL OLD HOUSE.
IT'S A COOL OLD BUILDINGS, CREEPY PEOPLE.
WE'RE GOING TO MAKE IT A LITTLE PRETTIER, BUT THAT CINDER BLOCK BUILDING.
BECAUSE TO THE EAST OF YOUR CINDERBLOCK BUILDING, YOU GOT.
YES, SIR. AND SO HOW WILL YOU'RE GOING TO SUBDIVIDE THE PROPERTY? HOW WILL PEOPLE GET INTO, OH, THIS IS NOT SEE THAT? SEE THAT OTHER HALF.
THAT'S THE HALF WE'RE TALKING ABOUT.
THE DIVIDING LINE WILL RUN EAST WEST, AND YOU'LL HAVE A NORTH PROPERTY AND A SOUTH PROPERTY.
YES. SO SINCE WE HAVE 112FT, YOU KNOW, IT'S 10%, I BELIEVE.
BUT WE'RE NOT LOOKING TO DO THAT RIGHT NOW.
I JUST WANT TO GET IT SPLIT BECAUSE WE'VE HAD IT FOREVER.
AND LIKE, IT'S A HUGE YARD AND WITH THE ALLEY.
I MEAN. I MEAN, WE CURRENTLY HAVE THE WHOLE ALLEY.
[00:30:02]
I'M HAPPY FOR THE NEIGHBORS TO TAKE PART OF IT.AND, YOU KNOW, I DON'T I'M JUST LOOKING FOR THE FUTURE BECAUSE, YOU KNOW, I WOULD LIKE TO HAVE THAT, YOU KNOW, DONE BECAUSE WHEN WE FIRST BOUGHT THAT HOUSE, WE'RE LIKE HUGE LOT.
WOULDN'T IT BE NICE IF IT WAS TO, YOU KNOW, EVEN IF IT WAS.
I MEAN, ITS VALUE, ITS EQUITY.
SO I CAN GO TO THE BANK AND I CAN SAY, HEY, I HAVE THIS PIECE OF LAND, I CAN BORROW AGAINST IT.
I CAN USE THAT MONEY TO FIX THIS UP OR DO SOMETHING ELSE, LIKE I'M IN CONSTRUCTION.
SO IT'S AN EQUITY MOVE FOR SURE.
AND IT'S ALSO TAKING ADVANTAGE NOW THAT THE RULES HAVE CHANGED.
I TALKED TO DEDRA 15 YEARS AGO AND I WAS LIKE, HEY, WHAT'S THE DEAL WITH THIS LAW? IT'S VERY BIG. SHE GOES, NO, IT DOESN'T MEET THE REQUIREMENTS.
KEEP AN EYE ON IT. NOW THEY DO.
SO I'M JUST TRYING TO SINCE WE'RE DOING THE REMODEL, I'M THINKING A TON OF MONEY INTO IT.
I WOULD LIKE TO GO AHEAD AND GET IT DONE NOW.
CAVANAUGH REFINANCE BECAUSE I ONLY OWE ALMOST NOTHING ON THIS.
OKAY. MARTIN, DO YOU HAVE ANY QUESTIONS FOR MR. LANGTO? YES, I DO.
MR. LANTTO, FROM WHAT YOU HAVE SAID, IT APPEARS TO ME THAT.
AS FAR AS YOU'RE CONCERNED, THAT CONCRETE BLOCK OR CINDER BLOCK STRUCTURE WAS THERE IN ITS LOCATION WHEN YOU PURCHASED THE PROPERTY? OH, YES, SIR.
YOU DID NOT CONSTRUCT THOSE WALLS? ABSOLUTELY NOT.
YES, SIR. BECAUSE THE EXISTING ROOF.
THE ORIGINAL ROOF HAD A SUPERIOR.
STAFF IS LOOKING AT INFORMATION PROVIDED BY THE APPRAISAL DISTRICT RECORDS AND CAME TO THE CONCLUSION MAYBE THAT WHOLE CINDER BLOCK STRUCTURE HAD BEEN CREATED IN 19 AND 2016 WITHOUT A BUILDING PERMIT.
THAT'S CORRECT. THAT'S YOUR THAT'S WHAT YOUR STORY IS HERE WITH US TODAY.
OKAY. I DON'T THINK I HAVE ANY OTHER QUESTIONS.
EARL, LET ME ASK YOU ONE MORE TIME.
I'M SURE THIS IS SOMETHING THAT THE COUNCIL HAS ALREADY GOTTEN COMFORTABLE WITH.
BUT NO OBSTRUCTION TO TRAFFIC BY THAT ACCESSORY STRUCTURE BEING THAT CLOSE TO THE STREET.
WELL, IT DOES NOT IMPEDE ANY VISIBILITIES.
IT'S FAR ENOUGH AWAY FROM THE INTERSECTION THAT I DON'T THINK IT CAUSES VISIBILITY PROBLEMS. MARK, TWO JUST FOR YOUR INFORMATION.
EXECUTED THE ENCROACHMENT AGREEMENT TO ALLOW THE STRUCTURE TO ENCROACH INTO THE RIGHT OF WAY.
IF THE ZBA DECIDED NOT TO GRANT THE EXCEPTION IN THE AND THE STRUCTURE WAS HAD TO BE REMOVED, THEN THE ENCROACHMENT AGREEMENT WOULD GO AWAY.
YES. ANY MORE QUESTIONS FOR MR. LANGTO? I THINK I HAD ONE FOR PROBABLY FOR EARL, I GUESS.
FUTURE PLANS OF THE CITY IF THEIR ROAD WIDENING, SIDEWALKS, ETCETERA, THOSE KIND OF THINGS.
HOW DO HOW DO THESE SETBACKS WORK IN THAT PLANNING? HAS THAT ALREADY BEEN TAKEN INTO CONSIDERATION? OKAY. SO ACCORDING TO THE SURVEY THAT MR. LANGTO HAD SHOWN US THAT WE HAVE SEEN, THE PARK STREET RIGHT OF WAY IS 50FT.
OKAY. AND THAT WOULD MEET THE CITY REQUIREMENTS FOR A LOCAL STREET.
OKAY. ALL THE UTILITIES ARE ALREADY IN PLACE IN THE STREET.
SURE AND I CAN TELL YOU, WE DID NOT CONFIRM THAT ANY UTILITIES THAT MAY EXIST IN PARK STREET, WHETHER OR NOT THEY GO UNDER THIS BUILDING.
[00:35:02]
UH, THAT WE DID NOT DO THAT RESEARCH.OKAY. SO BUT I DOUBT MY INTUITION KNOWING DECATUR IS THAT THERE WILL BE NO UTILITIES THAT FAR AWAY FROM THE EDGE OF THE STREET.
CHERYL, CAN YOU PUT THE SLIDE BACK SHOWING THE SURVEY? I DON'T KNOW. OUR NORMAL CITY STREET WIDTH IS 28FT CURB TO CURB, WHICH LEAVES ABOUT TEN FEET BEHIND THE CURBS FOR RIGHT OF WAY.
SO I WOULD NOT EXPECT, EVEN WITH THE STREET IMPROVEMENT PROJECT, THAT THIS STRUCTURE, IF IT WAS IF IT REMAINS, WOULD CAUSE AN ISSUE. OKAY.
THE TERM OF THE AGREEMENT IS FIVE YEARS.
IF THAT'S WHAT WAS BEING ASKED OR A PART OF WHAT WAS BEING ASKED.
OKAY. DID YOU SAY THE ENCROACHMENT AGREEMENT IS GOOD FOR FIVE YEARS? OKAY. AND THEN YOU HAVE TO GO BACK AND RENEW IT.
OR HOW DOES THAT WORK? THAT'S THE TERM OF THIS AGREEMENT.
AND THE AGREEMENT ALSO DOESN'T PROHIBIT THE CITY FROM DOING ANYTHING THEY NEED TO DO IN THAT AREA.
BUT THE TERM OF THE AGREEMENT IS FIVE YEARS.
AND WHEN YOU SAY IT ALLOWS FOR IT, LIKE THE CITY DOESN'T HAVE TO PAY TO REPAIR THE BUILDING, RIGHT? CORRECT. OKAY.
IF IT IS IN THE WAY OF PROGRESS.
ANY MORE QUESTIONS BEFORE WE CLOSE THE PUBLIC HEARING? ALL RIGHT, MR. LANGTO, THANK YOU.
AND WE HAVE ANY COMMENTS FROM THE BOARD.
WELL, I TELL YOU WHAT, LET'S GO BACK TO ITEM TWO AND ITEM THREE WITH REGARD TO THE HOUSE ITSELF.
ANY ISSUES THAT WE HAVE THERE.
I THINK WE'RE COMFORTABLE WITH THOSE SPECIAL EXCEPTIONS.
NOT YET. WE NEED TO DO THAT AND WE'LL CLOSE THE PUBLIC HEARING AND.
GO INTO CLOSED SESSION AND AND WE'LL TAKE ACTION NOW ON ITEM TWO, WHICH IS REQUEST FOR A SPECIAL EXCEPTION FROM THE CITY OF DECATUR ZONING ORDINANCE FOR THE HOUSE.
DO I HAVE A MOTION ON THAT? I WOULD MOVE TO APPROVE.
ALL RIGHT. WE HAVE A MOTION FROM WILL.
WE HAVE A SECOND. I WILL SECOND THAT MOTION.
ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? ALL RIGHT. ITEM TWO IS APPROVED.
ENCROACHING 22.5FT INTO THE REQUIRED 25 FOOT.
NOW, THIS IS THAT PART OF THE HOUSE STRUCTURE AS WELL OR JUST THE CARPORT? WELL, BECAUSE THE CARPORT IS ATTACHED TO THE HOUSE.
IT'S CONSIDERED PART OF THE HOUSE.
BUT NONE OF THE ACTUAL NONE OF THE HOUSE STRUCTURE IS INSIDE THE 25 FOOT.
OKAY. SO THIS REALLY IS FOR THE CARPORT THAT EXTENDS INTO THE.
25 YARD. 25 FOOT FRONT YARD SETBACK.
ALL RIGHT. WE WILL MAKE A MOTION TO APPROVE ZBA 2023-02 TO GRANT THE TO ALLOW A SETBACK.
[00:40:06]
THE SETBACK. ALL RIGHT.DO WE HAVE. I WOULD SECOND THAT MOTION A SECOND FROM MARTIN.
THANK YOU. ALL THOSE IN FAVOR SAY AYE? ANY OPPOSED? OKAY, ITEM THREE IS APPROVED.
AND THEN MOVING TO ITEM FOUR, WHICH IS THE REQUEST FOR A SPECIAL EXCEPTION REGARDING THE EXISTING DETACHED ACCESSORY STRUCTURE WHICH ENCROACHES 25FT INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG EAST PARK STREET.
WE HAVE AND WE HAVE KNOWLEDGE THAT THE CITY HAS ALREADY APPROVED THE ADDITIONAL ENCROACHMENT THAT GOES INTO THE RIGHT OF WAY, WHICH IS THAT'S THEIR JURISDICTION, NOT OURS.
WE'VE HEARD FROM OUR ENGINEER THAT THERE'S NOT A TRAFFIC ISSUE.
UM, WE'VE ALSO HEARD THAT THIS ENCROACHMENT AGREEMENT IS A FIVE YEAR AGREEMENT AND ALLOWS THE CITY IF THEY SO DESIRE OR NEED TO.
DO STREET WORK THAT THEY COULD COME BACK IN AND DO WHAT THEY NEED TO DO.
AND MARK, THERE MAY BE SOME HISTORICAL VALUE TO THIS STRUCTURE BASED ON WHAT MR. LANGTO TOLD THE INFORMATION HE'S PROVIDED TO US.
SO THAT ANALYSIS THAT I PRESENTED TO YOU IS IN ERROR.
OKAY. WELL, BUT WE WERE WORKING OFF OF A 2016 DATE FROM THE APPRAISAL DISTRICT, SO THAT WAS OUR BEST INFORMATION AT THE TIME. SO WOULD WE LIKE TO MAKE A MOTION TO.
YES, SIR. OR AS I BELIEVE EARL POINTED OUT, WHAT THIS ITEM, THE ACTION WE'RE CONSIDERING IS THE ENCROACHMENT OF THAT STRUCTURE INTO THE SETBACK ONLY.
OKAY. SO IT'S ESSENTIALLY JUST LIKE THE OTHER TWO.
BECAUSE WE'RE NOT DEALING WITH RIGHT AWAY.
OKAY. I WOULD MOVE TO ACCEPT ITEM THREE RELATED TO THE DETACHED ACCESSORY STRUCTURE.
OKAY. WE HAVE A MOTION FROM WILL.
YEAH, I THINK IT'S THAT IMPORTANT.
WE HAVE A MOTION FOR ITEM FOUR FROM WILL.
ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? HAVING HEARD NONE.
WE'LL MOVE ON TO ITEM FIVE, WHICH IS TO DISCUSS THE 2023 MEETING SCHEDULE.
[ITEM 5: Discuss and approve 2023 Meeting Schedule.]
AND CHERYL HAS INCLUDED THAT IN OUR PACKET.IF NONE ARE SUBMITTED, OBVIOUSLY YOU GUYS WOULD NOT MEET.
AND WE ALWAYS GET A NOTICE FROM CHERYL IF WE'RE NOT GOING TO MEET.
WE ALWAYS GET A NOTICE TELLING US THAT.
CORRECT. OKAY. IT LOOKS LIKE ONE OF THEM IS SCHEDULED ON TUESDAY.
JUNE 20TH. FEDERAL HOLIDAY ON THE 19TH.
AND SO, YEAH, THAT SHOULD BE THAT REALLY SHOULD BE WEDNESDAY.
WE MOVE. AND ONE DAY JUST WANT TO MAKE A POINT THAT JUNETEENTH IS A FEDERAL HOLIDAY.
YES. AS WELL AS A STATE HOLIDAY AND MY BIRTHDAY.
SO. THAT'S RIGHT. YEAH, THAT'S RIGHT.
OKAY, WE'LL CORRECT THAT ONE, TOO.
VERY GOOD. HAVING NO OTHER BUSINESS ON OUR AGENDA.
[ITEM 6: New and/or future business items.]
WE JUST HAVE ONE APPLICATION FOR NEXT MONTH.SO WE WILL PLAN ON HAVING A MEETING.
[00:45:01]
YES, APRIL 17TH.BUT YOU WILL REMIND US AGAIN, CHERYL, THIS ISN'T YOUR FINAL REMINDER, RIGHT? OKAY. VERY GOOD.
ALL RIGHT. WELL, IF YOU'RE OUTSIDE THE COUNTRY, GOOD SEEING YOU GUYS.
VERY TRUE. GREAT TO SEE YOU, MARTIN.
GREAT TO SEE YOU ON THE SCREEN.
THANK YOU, GUYS.
* This transcript was compiled from uncorrected Closed Captioning.