[ITEM 2: The Board to hold a public hearing, consider and take action on a request for a setback encroachment variance from the City of Decatur’s Zoning Ordinance regarding front yards for the property proposed as Lot 1, Block 1, Decatur Police Station and is more commonly referred to as 1601 S. Church Street, City of Decatur, Wise County, Texas. The request is for a variance to the City of Decatur Code of Ordinances, Appendix B., “Zoning,” Article 5, “Zoning Districts,” Section 5.1, “Zoning Districts Established,” Subsection 5.1.8, “C-O, Office District,” D., “Area Regulations,” (1), “Size of Yards,” (a), “Minimum Front Yard,” to allow an existing fence wall, as identified in Attachment 3A of the staff report, to encroach twenty feet (20.0’), into the required twenty-five foot (25’) front yard setback, approximately 300 linear feet, along east Charles Street. (ZBA Application 2023-10 – Chief of Police Delvon Campbell, on behalf of the City of Decatur) ]

THAT BRINGS US TO PUBLIC HEARING ITEMS. ITEM TWO. BOARD TO HOLD A PUBLIC HEARING.

I'M SORRY. I'M GOING TO LET YOU READ THAT, I GUESS, OR I'M GOING TO LET SOMEBODY READ THAT.

THERE SHE IS. DEDRA, WOULD YOU, PLEASE? IT'S GOING TO SAY MAKE SURE YOUR MIC IS ON, TOO, JUST LIKE ME.

YES, SIR. THERE ARE TWO AGENDA ITEMS ON THE SAME PROPERTY.

AND BASICALLY THESE ARE CHIEF DELVIN CAMPBELL'S REQUEST ON BEHALF OF THE CITY OF DECATUR TO REDUCE THE FRONT YARD SETBACK ALONG CHARLES STREET.

THERE'S A HISTORIC WALL TO ENCROACH 20FT INTO THE 25 FOOT FRONT YARD SETBACK.

AND THEN ALONG HATCHER STREET TO ENCROACH 25FT INTO THE 25 FOOT FRONT YARD SETBACK.

THE PROPERTY IS PROPOSED AS LOT ONE, BLOCK ONE, LOT ONE, BLOCK TWO OF THE DECATUR POLICE STATION ADDITION, AND IT'S MORE COMMONLY REFERRED TO AS 1601 SOUTH CHURCH STREET.

THESE ARE THE ENCROACHMENT EXHIBITS, WHICH YOU ALSO HAVE A COPY IN YOUR STAFF REPORTS.

[00:05:08]

I'M PER THE STATE LAW.

WE DID NOTIFY PROPERTY OWNERS WITHIN 200FT.

THERE WERE 16 AND WE DID NOT RECEIVE ANY RESPONSES BACK.

NEXT SLIDE. IN TERMS OF FINDINGS, AS YOU KNOW, WE LOOK AT THE CRITERIA TO MAKE A DETERMINATION OR TO HELP YOU MAKE A DETERMINATION AS TO WHETHER OR NOT YOU SHOULD GRANT THE VARIANCES.

THE REQUESTED VARIANCES DO NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.

THIS HISTORIC WALL HAS BEEN IN EXISTENCE SINCE THE 1800S.

BASED ON ALL OF THE RECORDS WE'VE COME ACROSS, REDUCED SETBACKS FOR THIS HISTORIC WALL DOES NOT APPEAR TO ADVERSELY IMPACT THE SURROUNDING PROPERTY OWNERS. ZONING REGULATIONS WERE AMENDED IN 2015, AND THEY DO REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE WE CAN ISSUE A PERMIT.

WHICH IS WHY THE POLICE DEPARTMENT HAS COME BEFORE THIS BOARD, SINCE THEY DO HAVE THOSE ENCROACHMENTS BY THE WALL.

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.

THIS IS ONE OF THE OLDEST SITES IN THE CITY, ESPECIALLY WITH THE HISTORIC WALL, AND THERE'S JUST A DESIRE TO PRESERVE THAT STRUCTURE.

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

AGAIN, AS WE MENTIONED, THE WALL HAS BEEN IN ITS CURRENT CONFIGURATION FOR OVER 200 YEARS.

THE CITY OF DECATUR PURCHASED THE PROPERTY 2022, 2022 AND WAS UNAWARE OF THE EXISTING ENCROACHMENTS INTO THE SETBACKS BY THIS HISTORIC WALL.

THE INTERPRETATION OF THE PROVISIONS IN THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES, OR IT MAY RESULT IN THE WALL HAVING TO BE.

REMOVED AND DEMOLISHED.

AND FROM WHAT WE HAVE HEARD FROM THE PLANNING AND ZONING COMMISSION AND FROM CITIZENS, THIS IS NOT SOMETHING THAT PEOPLE WANT TO SEE HAPPEN.

THEY'D LIKE TO SEE THIS PRESERVED AS LONG AS THE STRUCTURAL INTEGRITY OF THE WALL CAN BE MAINTAINED.

UM. THE APPLICANT IS ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS.

BUT FOR ENFORCEMENT BY THE EXISTING HISTORIC WALL LOCATED ON THE PROPERTY BEFORE A PLAT OF THE PROPERTY CAN BE FINALLY APPROVED, THE VARIANCES WILL NEED TO BE GRANTED BY THE ZONING BOARD OF ADJUSTMENT.

AND THEN EARL PROVIDED HIS OVERVIEW BASICALLY AS THE CITY ENGINEER.

HE DIDN'T REALLY HAVE ANY ISSUES OR ANY OBJECTIONS WITH THE THE VARIANCE.

AND IT REALLY DOESN'T FALL UNDER HIS PURVIEW.

LIKE FIVE. AND THEN THESE ARE JUST SOME PHOTOS WE FOUND FROM THE MESSENGER OF THE WALL.

THIS PHOTO IS IMMEDIATELY.

THAT ONE IS IMMEDIATELY FOLLOWING THE FIRE ON THE PROPERTY.

ONE OF THE PREVIOUS OWNERS HAD A DEVASTATING FIRE AND THAT FACTORY OUTLET SIGN IS ON THE WALL.

THE ONLY THING THAT REMAINED OF THE GEDDES GYMNASIUM THAT WAS ON THAT PROPERTY BUILT IN 1933.

SO THERE SOME HISTORY THERE.

NEXT SLIDE.

UM, AND THEN THESE ARE JUST CURRENT IMAGES OF THE WALL.

ALONG. NEXT SLIDE.

STAFF IS RECOMMENDING APPROVAL OF BOTH VARIANCES AND YOU WILL NEED TO TAKE ACTION SEPARATELY.

CHIEF CAMPBELL IS ALSO HERE IN CASE YOU HAVE QUESTIONS.

I DON'T KNOW IF YOU GUYS HAVE SEEN THE DESIGN FOR THE POLICE STATION.

IT'S A BEAUTIFUL FACILITY.

THEY'VE DONE A FANTASTIC JOB OF INCORPORATING THE WALL INTO THE THE PROJECT.

SO BUT HE'S HERE IN CASE YOU NEED TO ASK ANY QUESTIONS.

OKAY. IT'S TIME.

IT'S GOING TO BE TIME FOR ME HERE IN A MOMENT TO OPEN A PUBLIC HEARING ON THIS ITEM.

BEFORE I DO THAT FOR ZBA MEMBERS, YOU ALL HAVE ANY QUESTIONS FOR DEDRA CONCERNING THE DESCRIPTION OF THIS ITEM THAT SHE HAS GIVEN US AT THIS POINT? EVERYTHING CLEAR TO YOU? OKAY. WELL THEN LET ME OPEN THE MEETING UP FOR A PUBLIC HEARING ON THIS PARTICULAR ITEM THAT WE HAVE JUST HEARD

[00:10:08]

DESCRIBED AT WHAT IS THIS, 3:42? IS ANYONE NOW? OKAY. WE DON'T HAVE ANY.

ANYONE FROM THE PUBLIC, ANYONE THAT IS HERE THAT WISHES TO ADDRESS THE BOARD CONCERNING THIS PARTICULAR ITEM.

OKAY, GOOD. IN THAT CASE, THEN I WILL CLOSE THE PUBLIC HEARING AT 3:43 P.M..

COUNCIL, I MEAN, BOARD MEMBERS, DO YOU HAVE ANY ANY ADDITIONAL QUESTIONS OR COMMENTS CONCERNING THIS PARTICULAR ITEM BEFORE WE CONSIDER ACTION ON IT? NO. I'D LIKE TO PERSONALLY EXPRESS MY MY PERSONAL SATISFACTION THAT CITY STAFF AND THE POLICE CHIEF HAVE TAKEN STEPS TO INCORPORATE THAT WALL.

AS ONE WHO HAS GROWN UP IN THIS COMMUNITY FOR 70 YEARS AND HAS BEEN SEEING THAT WALL FOR ALL OF THAT TIME, AND WHO HAS ATTENDED FOOTBALL GAMES IN THAT STADIUM BEHIND THAT WALL WHERE I DID GO IN WITH A TICKET, I DID NOT CLIMB OVER THE WALL.

IT WAS PRETTY DAUNTING FOR A 9 OR 10 YEAR OLD, LET ME TELL YOU, TO TRY TO GET OVER THAT THING.

I'M GLAD TO SEE THAT YOU'RE YOU HAVE GOT YOUR DESIGN WORKED OUT THIS WAY AND BROUGHT IT TO US.

OKAY. STAFF HAS YOU'VE HEARD THEIR FINDINGS.

SO AT THIS POINT, I WOULD ENTERTAIN A MOTION CONCERNING THIS ITEM, WHICH IS ZBA, WHAT? 2023-10. THANK YOU.

AND ONLY TEN.

AND WE'RE GOING TO ADDRESS 11.

YEAH, I HAVE TO DO A SEPARATE ITEM.

OKAY. I WOULD MOVE TO APPROVE -TEN.

THAT SECOND IS FROM MR. CROSS DOWN THERE AT THE END.

SO WE HAVE THE MOTION FROM WILL AND THE SECOND FROM DANNY CROSS.

ANY OTHER DISCUSSION ON THE ITEM.

IF NOT, THEN ALL OF THOSE BOARD MEMBERS IN FAVOR OF THAT MOTION, PLEASE SAY AYE.

AYE. OPPOSING UP IN OPPOSITION.

PLEASE SAY NAY.

THANK YOU. HEARING NONE, THAT MOTION IS APPROVED UNANIMOUSLY.

WHICH BRINGS US TO.

ITEM NUMBER TWO.

[ITEM 3: The Board to hold a public hearing, consider and take action on a request for a setback encroachment variance from the City of Decatur’s Zoning Ordinance regarding front yards for the property proposed as Lot 1, Block 1, Decatur Police Station and is more commonly referred to as 1601 S. Church Street, City of Decatur, Wise County, Texas. The request is for a variance to the City of Decatur Code of Ordinances, Appendix B., “Zoning,” Article 5, “Zoning Districts,” Section 5.1, “Zoning Districts Established,” Subsection 5.1.8, “C-O, Office District,” D., “Area Regulations,” (1), “Size of Yards,” (a), “Minimum Front Yard,” to allow an existing fence wall, as identified in Attachment 3B of the staff report, to encroach twenty-five feet (25.0’) into the required twenty-five foot (25’) front yard setback, approximately 391.74 linear feet, along south Hatcher Street. (ZBA Application 2023-11 – Chief of Police Delvon Campbell, on behalf of the City of Decatur) ]

THREE. I'M SORRY. YES.

THREE. ARE YOU GOING TO GO THROUGH THE SAME DRILL OR ARE YOU JUST. HATCHER STREET.

THANK YOU. VERY, VERY GOOD IDEA THERE.

OKAY. YEAH.

ARE THERE, SO I'M GOING TO ASK, FIRST OF ALL, ANY QUESTIONS FROM BOARD MEMBERS CONCERNING THE SAME DESCRIPTION ON THE HATCHER STREET ITEM? IF NOT, THEN I'LL OPEN THE PUBLIC HEARING AT 3:45 ON THAT ITEM OF THE AGENDA.

IS THERE ANY WE HAD ANY APPLICATIONS FOR THAT ONE.

AND IS THERE ANYONE HERE WISHING TO ADDRESS BOARD MEMBERS CONCERNING THAT ITEM? NO, NONE.

OKAY. IN THAT CASE, I THINK WE'LL CLOSE THAT PUBLIC HEARING AT 3:46.

THANK YOU VERY MUCH.

THAT PUTS IT ALL BACK BACK INTO OUR COURT.

UH, YOU'VE SEEN THE STAFF FINDINGS AND RECOMMENDATIONS CONCERNING THIS ONE AS WELL.

SO AT THIS POINT, THAT ITEM IS BEFORE US.

AND I WOULD.

I'D MOVE TO APPROVE ITEM -11.

YOU'RE READING MY MIND.

VERY GOOD. OKAY.

WE HAVE A MOTION TO APPROVE THE APPLICATION 2023-11 AS PRESENTED TO US HERE TODAY.

IS THERE A SECOND? I WILL SECOND THAT MOTION 2023-11 AND MASON SECONDS THE MOTION.

SO DULY MADE AND SECONDED.

ARE THERE ANY OTHER DISCUSSION CONCERNING THE ITEM BY BOARD MEMBERS? IF NOT, THEN I WILL CALL THE QUESTION ALL THOSE IN FAVOR OF THAT MOTION TO APPROVE, PLEASE SAY AYE.

AYE. ANY OPPOSED, SAME SIGN.

[00:15:01]

HEARING NONE.

THAT MOTION IS UNANIMOUSLY APPROVED.

I BELIEVE THAT CONCLUDES THOSE ACTIVE PORTIONS OF OUR MEETING.

[ITEM 4: New and/or future business items. a. As of agenda posting, the October 16, 2023, meeting currently has no (0) ZBA Planning application. Application submittal deadline is Monday, September 18, 2023, by 5 p.m. ]

SO WE'RE NOW DOWN TO ITEM FOUR.

CHERYL, DO YOU HAVE ANYTHING TO ADD TO THAT? AGENDA ITEM FOUR, NO, THERE'S NOT ANY APPLICATIONS THAT HAVE BEEN SUBMITTED.

SO FOR NOW, YOU GUYS WILL NOT HAVE A MEETING IN OCTOBER.

OKAY. GOOD TO HEAR.

YEAH. ZBA, WE'RE IN THE MY ZBA HAT.

IF YOU COULD SEE IT, I HAVE MY ZBA HAT ON.

OKAY, THAT CONCLUDES OUR MEETING.

WE HAVE FINISHED ALL THE ITEMS ON THE ZBA AGENDA, I BELIEVE.

IS THAT CORRECT? THAT IS CORRECT. OKAY, THEN ALL OF YOU FOLKS THAT ARE HERE FOR THE ZBA MEETING, THANK YOU FOR ATTENDING AND I'LL DECLARE THIS MEETING ADJOURNED AND GIVE US A FEW MINUTES TO GET PREPARED TO START OUR BUILDING STANDARDS COMMISSION MEETING.

IF I HAD A GAVEL, I'D GAVEL IT.

YEAH. WHERE'S MY GAVEL? YOU THERE? YEAH.

IT'S 3:48.