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I THINK WE CAN GO AHEAD AND START.
WE'RE GOING TO CALL THE ZONING BOARD OF ADJUSTMENTS MEETING TO ORDER AT 3:39.
[Call to Order]
AND ITEM ONE ON OUR AGENDA IS TO TAKE ACTION ON THE MINUTES FROM JUNE 21ST AND THEY'RE IN YOUR[ITEM 1: Discuss and take appropriate action regarding June 21, 2023, Minutes]
PACKET.ALL RIGHT. WE HAVE A MOTION FROM MR. WOODRUFF. I WILL SECOND VICE CHAIRMAN WOODRUFF'S MOTION.
ALL RIGHT. WE HAVE A SECOND FROM MASON.
ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? ALL RIGHT. THE MINUTES ARE APPROVED.
THIS IS AN IN-PERSON AND VIDEO CONFERENCE MEETING.
ANYONE MAY JOIN THE MEETING VIA VIDEO CONFERENCE AT WWW.ZOOM.US/JOIN OR VIA TELEPHONE BY CALLING 1(346)248-7799. 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.
YOU MAY ALSO EMAIL YOUR COMMENTS TO BE READ AT THE MEETING TO DRAGLAND@DECATURTX.ORG OR [INAUDIBLE]@DECATURTX.ORG BEFORE AND DURING THE MEETING ON MONDAY, JULY 24TH, PLEASE PROVIDE YOUR NAME, ADDRESS AND THE AGENDA ITEM NUMBER.
AND SO WE'LL MOVE ON TO ITEM TWO.
[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 front yards for the property proposed as Lot 1R, Block 54, Tarleton Addition and more commonly referred to as 301 S. Holman 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 5, “Zoning Districts,” Section 5.1, “Zoning Districts Established,” Subsection 5.1.3, “SF-2, Single Family Residential District,” D., “Area Regulations,” (1), “Size of Yards,” (a), “Minimum Front Yard,” to allow an existing residential structure, as identified in Attachment 3 of the staff report, to encroach nine and one tenth feet (9.1’) into the required twenty-five foot (25’) front yard setback along south Holman Street. (ZBA Application 2023-09 – Katherine Nobles)]
AND WE'LL HEAR THE STAFF REPORT.AGENDA ITEM TWO IS ZBA 2023-09.
THIS IS MISS CATHERINE NOBLE'S REQUEST FOR SETBACK ENCROACHMENT, SPECIAL EXCEPTION.
SHE'S REQUESTING THAT THE EXISTING RESIDENTIAL STRUCTURE BE ALLOWED TO ENCROACH NINE AND ONE TENTH FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG SOUTH HOLMAN STREET.
THE PROPOSED REPLAT IS LOT ONE, BLOCK 54 TARLETON EDITION AND THE ADDRESS IS 301 SOUTH HOLMAN STREET. THIS IS THE ENCROACHMENT EXHIBIT, WHICH IS ALSO IN YOUR STAFF REPORT.
WE DID NOTIFY 29 PROPERTY OWNERS WITHIN 200FT.
WE DID NOT RECEIVE ANY RESPONSES BACK.
THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREAS 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.
THE EXISTING RESIDENTIAL STRUCTURE HAS BEEN, AS I MENTIONED, IN ITS CURRENT CONFIGURATION FOR 73 YEARS PRIOR TO MISS NOBLE'S PURCHASE OF THE PROPERTY IN 2017, AND SHE DID NOT KNOW THAT THERE WAS AN ENCROACHMENT.
SHE'S WANTING TO EXTEND A BEDROOM WALL AND A BATHROOM ON THE STRUCTURE, AND IN ORDER TO DO SO, THIS ENCROACHMENT WILL NEED TO BE ADDRESSED.
NEXT SLIDE. THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION.
AGAIN, IT'S BEEN IN THE CONFIGURATION FOR 73 YEARS PRIOR TO HER PURCHASE OF THE PROPERTY IN 2017.
INTERPRETATION OF THE PROVISIONS IN THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT THAT COMPLY WITH THE SAME PROVISIONS. AGAIN, THIS IS NOT AN UNCOMMON SITUATION IN THIS NEIGHBORHOOD.
IF THE VARIANCE IS NOT GRANTED, SHE WILL NOT BE ABLE TO EXPAND HER STRUCTURE AS SHE WOULD LIKE.
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SHE IS ATTEMPTING TO GET THE PROPERTY INTO COMPLIANCE, BUT FOR THE ENCROACHMENT BY THE EXISTING RESIDENTIAL STRUCTURE BEFORE THE APPLICANT CAN BUILD THE BATHROOM ADDITION A GAIN, A SPECIAL EXCEPTION WILL NEED TO BE GRANTED BY THE ZONING BOARD OF ADJUSTMENT.NEXT SLIDE. AND IF YOU'D LIKE, EARL CAN WALK YOU THROUGH HIS FINDINGS AS WELL.
EARL, IF YOU'RE. IF YOU CAN HEAR US, WE'D LOVE TO HEAR FROM YOU.
WELL, MARK, I CONCUR WITH ALL THE STATEMENTS THAT DEDRA MADE.
THE ONLY THING I QUESTION IS THAT DURING THE REPLAT PROCESS, WHETHER OR NOT THE ENCROACHMENT F OOTAGE IS GOING TO BE ACCURATE OR NOT.
SO. I DON'T KNOW IF THAT MAKES ANY DIFFERENCE OR NOT.
BUT ANYWAY, I CONCUR WITH DEDRA PRESENTATION AND WOULD HAVE NO WHAT DID YOU WHAT WAS YOUR CONCERN AGAIN? I MISSED PART OF THAT.
WELL, JUST I CONCUR WITH DEDRA FINDINGS ALSO.
UM, THE THE ISSUE, I THINK WHETHER THE EXCEPTION IS SPECIFIC TO THE FOOTAGE IN THE SETBACK ENCROACHMENT BECAUSE WHEN THEY REPLANT, THEY'RE GOING TO HAVE TO DEDICATE SOME RIGHT OF WAY THAT'S GOING TO PUSH BACK THE SETBACK AND THEN IMPACT THE ENCROACHMENT AGAIN.
SO WHAT YOU'RE SAYING IS AT THE CURRENT TIME, THE MEASUREMENT OF THE PROPERTY LINE IS NINE IS EXTENDING 9.1FT INTO THE INTO THE 25 FOOT REQUIREMENT.
YEAH. SO YOU'RE ACTUALLY THE ENCROACHMENT IS GOING TO BE MORE WHEN THEY FINISH DOING THAT, IT'LL END UP BEING A LITTLE BIT MORE THAN 9.1FT INTO THE RIGHT OF WAY.
HOW MUCH ADDITIONAL RIGHT OF WAY.
SO THAT WOULD ADD FIVE FEET TO IT.
BUT THAT WOULD GIVE WAY TO DEDRA AND CITY ATTORNEY ON THAT.
SO I JUST DON'T WANT TO I JUST DON'T WANT TO SAY SOMETHING SPECIFIC HERE.
THE PROBLEM IS, EARL, WHEN WE POSTED IT IN THE NEWSPAPER, WE PUBLISHED IT FOR A CERTAIN FOOTAGE.
OKAY. AND YOU CAN'T HAVE MORE.
YOU CAN HAVE LESS, BUT YOU CAN'T HAVE MORE.
OKAY. AND I THOUGHT WE HAD DISCUSSED.
YOU DON'T ALWAYS HAVE TO MAKE THEM DEDICATE THE RIGHT OF WAY.
IS THAT CORRECT? WELL, I DON'T KNOW IF WE SPECIFICALLY SPECIFICALLY ADDRESS RIGHT OF WAY DEDICATIONS.
WE DO ADDRESS IT WITH EASEMENTS.
THE CITY ENGINEER HAS SOME DISCRETION THERE.
OKAY. ANYWAY, I DON'T WANT TO CLOUD THE ISSUE, SO BUT I JUST I DO WANT US TO BE AWARE OF THAT OF THAT PROBLEM.
WE COULD CONSIDER APPROVING THIS WITH THE UNDERSTANDING THAT THERE MAY BE AN ADJUSTMENT W HEN THEY REPLAT THE PROPERTY FOR SOME ADDITIONAL FOOTAGE FOR ADDITIONAL STREET RIGHT OF WAY ALONG THAT SAME BOUNDARY.
I WOULD ASK PAM TO ADDRESS THAT.
BECAUSE AGAIN, I THINK BECAUSE WE PUBLISHED IT FOR A SPECIFIC FOOTAGE, YOU CAN'T REALLY EXCEED THAT.
AND WE HAVE TO DO WHATEVER WE HAVE TO DO AT THAT TIME.
SO OUR BUSINESS TODAY WOULD BE TO APPROVE ITEM TWO, AS IT IS WITH THE 9.1FT
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ENCROACHMENT. AND IN THE EVENT THAT THERE IS A DEDICATION, A RIGHT OF WAY DEDICATION WHEN THEY HAVE TO COME BACK AND HAVE IT APPROVED AGAIN.BUT AT THIS POINT, BECAUSE IT'S BEEN NOTICED IN THE PAPER, WE'RE LIMITED TO TAKING ACTION ON WHAT'S BEEN NOTICED? THAT'S CORRECT. OKAY.
OKAY. ANYTHING ELSE FROM STAFF WILL OPEN UP THE PUBLIC HEARING AT 3:49. AND WE DON'T HAVE ANYBODY HERE TO SPEAK ON THIS.
LET ME MAKE SURE I UNDERSTAND.
DEDRA. THE ENCROACHMENT EXISTS NOW WITHOUT THE NEW EXTENSION OF THE BEDROOM AND THE BATHROOM.
IS THAT CORRECT? AND DOES THAT ALSO CONTRIBUTE TO THE ENCROACHMENT THIS IF THEY ADD ON TO THE HOUSE? IT JUST DEPENDS ON WHERE SHE'S PROPOSING TO ADD ON.
IF IT'S IN THE BACK, IT WILL NOT.
THAT WAS JUST THE TRIGGER THAT CREATED THE NEED FOR A SPECIAL EXCEPTION.
OKAY. ANYBODY HAVE ANY QUESTIONS OR COMMENTS? THIS APPEARS TO BE PRETTY STRAIGHTFORWARD.
AND WE'LL IF THINGS CHANGE IN THE FUTURE, THEN MAYBE THEY HAVE TO COME BACK AND SEE US AGAIN.
WELL, I'M SORRY. THANK YOU, SIR.
IS SHE THE ONLY ONE THAT'S GOING TO HAVE TO DEDICATE RIGHT OF WAY? WELL, THIS PROPERTY IS THE ONLY ONE SUBMITTING A REPLAT.
YES. BUT I MEAN, THERE'S NOT BEEN ANY OTHER RIGHT OF WAY DEDICATION FOR THIS STREET? CORRECT. WELL, NOT NOT THAT I RECALL.
NO. IS SHE ON A CITY BLOCK BY HERSELF? AM I READING THIS RIGHT? WELL. SO IS SHE THE ONLY ONE FRONTING ON HOLMAN STREET IN THIS BLOCK? SO IT APPEARS YOU'VE GOT SHOEMAKER TO THE NORTH AND HOUSTON STREET TO THE SOUTH.
AM I READING THAT RIGHT? YES. BUT I THINK THERE'S A COUPLE MORE HOUSES.
OKAY. SO HOUSTON STREET DOES NOT EXTEND.
SHE DOES NOT FRONT ON HOUSTON STREET.
CHERYL, PULL UP THE FIRST MAP.
WELL, THAT ONE 200 FOOT [INAUDIBLE] WOULD HAVE BEEN FINE TOO.
BUT YOU SEE, MARK, THERE'S A COUPLE OF MORE HOUSES WITH THE ADDRESS OFF OF HOLMAN STREET.
THEY'RE JUST NOT IN ON THE SAME BLOCK.
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LOOKS LIKE THE THE RESIDENTS IMMEDIATELY SOUTH OF HER LOT THAT RESIDENTS ALSO FACES HOLMAN AND IT MAY ALSO HAVE A FRONT YARD ENCROACHMENT IF THEY EVER NEEDED TO REPLAT IT OR ADD ON.WELL, WE'LL HAVE TO DO SOME MORE RESEARCH TO SEE IF THERE HAS TO BE RIGHT OF WAY DEDICATED.
OR IF EARL HAS SOME DISCRETION.
BUT FOR TODAY, THAT'S OUTSIDE THE SCOPE OF WHAT WE'RE BEING ASKED TO DELIBERATE.
SO DID I CLOSE THE PUBLIC HEARING? I DON'T REMEMBER.
SO WE'RE GOING TO CLOSE THE PUBLIC HEARING AT 3:55, AND THEN I'LL ENTERTAIN COMMENTS OR QUESTIONS.
OR A MOTION. THE BUILDING EXPANSION WAS ON THE SOUTH SIDE, DID YOU SAY? I'M READY FOR A MOTION.
I WILL MAKE A RECOMMENDED APPROVAL MOTION FOR ZBA 2023-09.
FROM THE EVIDENCE, TESTIMONY AND PLANS PRESENTED, I MOVE THAT THE BOARD GRANT REQUEST 202 3-09 TO ALLOW A SETBACK ENCROACHMENT SPECIAL EXCEPTION FROM THE CITY OF DECATUR ZONING ORDINANCE REGARDING FRONT YARD, SPECIFICALLY GRANTING AN EXISTING RESIDENTIAL STRUCTURE TO ENCROACH NINE AND ONE TENTHS FEET AS IDENTIFIED IN ATTACHMENT THREE.
VERY GOOD. WE HAVE A MOTION FROM MR. CLEINSMITH. DO WE HAVE A SECOND? SECOND. SECOND FROM MR. CROSS.
ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? ALL RIGHT. ITEM TWO IS APPROVED.
[ITEM 3: New and/or future business items.]
IS IT WAS JUST TALKING ABOUT OUR AGENDA FOR THE UPCOMING MEETING.AND WE CURRENTLY HAVE NO CASES THAT HAVE BEEN FILED AT THIS POINT.
THE ONE CASE THAT YOU GUYS LOOKED AT LAST MONTH, THE PARKING VARIANCE, THEY HAVE SUBMITTED SEVERAL SITE PLANS FOR US TO REVIEW.
SO IT'S POSSIBLE THAT THEY COULD BE ON THE AUGUST.
YES, BECAUSE YOU GUYS TABLED IT AT YOUR LAST MEETING.
THEY'VE GOT TO SUBMIT IT AS A PERMIT APPLICATION NOW.
THE DEADLINE HAS ALREADY COME AND GONE FOR ANYBODY NEW TO GET ON OUR AGENDA FOR AUGUST.
BUT THIS POSSIBLY MIGHT BE ON THE AUGUST.
YES. YEAH, THE DEADLINE WAS JULY 17TH.
ALL RIGHT. AND THEN ANYTHING ELSE? NO, SIR. ALL RIGHT. WE STAND ADJOURNED AT 3:58.
* This transcript was compiled from uncorrected Closed Captioning.