Feb 21, 2024 Zoning Board of Adjustment

[ITEM 4: 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, Carson Addition and more commonly referred to as 1411 S. FM 51, 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 5.1.11, “C-2, Thoroughfare Business District,” D., “Area Regulations,” (1), “Size of Yards,” (a), “Minimum Front Yard,” to allow an existing commercial structure, as identified in Attachment 3A of the staff report, to encroach ten and four tenths feet (10.4’) into the required twenty-five foot (25’) front yard setback along south FM 51. (ZBA Application 2024-01 – Brad Eubanks, on behalf of property owner Carol Ann Carson, Independent Executrix of the Estate of Betty Burnett Carson)]

THE BOARD TO HOLD A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON THE REQUEST FOR A SETBACK ENCROACHMENT VARIANCE FROM THE CITY OF DECATUR ZONING ORDINANCE REGARDING FRONT YARDS FOR THE PROPERTY PROPOSED AT LOT ONE, BLOCK ONE CARSON ADDITION.

AND I THINK WE'LL TURN IT OVER TO DEIDRE.

[00:05:01]

ACTUALLY AGENDA ITEMS FOUR AND FIVE ARE FOR THE SAME PROPERTY.

SO WE'VE COMBINED THE PRESENTATION AND WE ALSO COMBINED THEM ON YOUR STAFF REPORTS.

SO IF YOU DON'T HAVE ANY OBJECTIONS AND DON'T MIND, I'LL GIVE THE PRESENTATION FOR BOTH.

ABSOLUTELY. THEN YOU CAN TAKE ACTION SEPARATELY.

SEPARATELY. THIS IS MR. BRAD EUBANKS REQUEST ON BEHALF OF CAROL ANN CARSON, INDEPENDENT EXECUTRIX OF THE ESTATE OF BETTY BURNETT CARSON, FOR SETBACK ENCROACHMENT VARIANCES, ALLOWING ZBA 202401 THE EXISTING COMMERCIAL STRUCTURE TO ENCROACH TEN AND 4/10 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG FM 51, AND THEN ZBA 2024-01 IS AN EXISTING POLE SIGN TO ENCROACH 20 AND 7/10 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG FM 51.

THE PROPOSED PROPERTY OR THE PROPERTY IS PROPOSED AS LOT ONE, BLOCK ONE CARSON ADDITION AND THE ADDRESS IS 1411 SOUTH FM 51. THESE ARE THE ENCROACHMENT EXHIBITS THAT'S INCLUDED IN YOUR STAFF REPORTS.

NEXT SLIDE. WE DID NOTIFY 12 PROPERTY OWNERS WITHIN 200FT.

WE DID NOT RECEIVE ANY NOTIFICATIONS BACK.

NEXT SLIDE.

IN TERMS OF FINDINGS, THE REQUESTED VARIANCES DO NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.

THE EXISTING COMMERCIAL STRUCTURE AND INCLUDING THE POLE SIGN, HAVE BEEN IN EXISTENCE SINCE 1983, AND THIS IS PER THE WISE COUNTY APPRAISAL DISTRICT. REDUCED SETBACKS FOR THE EXISTING STRUCTURE AND POLE SIGN 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 A PERMIT CAN BE ISSUED.

SO THE REASON FOR THE REQUEST FOR THE VARIANCES IS SO THAT THEY CAN PROCEED WITH THE NEXT STEP IN THE PLANNING PROCESS FOR THIS PROPERTY.

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

THIS. BUILDING, AND THE POLE SIGN HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATION FOR NEARLY 41 YEARS, AND PRIOR TO MRS. CARSON'S PURCHASE OF THE PROPERTY IN 2009.

THEN CAROL ANN, THE INDEPENDENT EXECUTRIX OF THE ESTATE OF HER MOTHER, BETTY BURNETT CARSON, IS SEEKING TO COMPLETE THE REQUIREMENT FOR PROBATE FOR THE WILL, AND PART OF THAT IS TO PLAT THE PROPERTY.

PART OF THAT PROBATE REQUIREMENT.

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

THE PROPERTY WAS PURCHASED BY MRS. CARSON IN 2009.

AND AGAIN, THE THIS STRUCTURE AND SIGN HAVE BEEN IN THEIR CURRENT CONFIGURATION FOR 41 YEARS SINCE 1983. SO IT WAS LIKE THIS.

PRIOR TO HER PURCHASING THE PROPERTY, SHE WAS NOT AWARE THAT THERE WERE ENCROACHMENTS OR THAT THESE WERE PROBLEMATIC.

THE 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, IT'S JUST REPETITIVE.

THE STRUCTURE AND THE POLE SIGN HAVE BEEN IN THEIR CONFIGURATION FOR 41 YEARS, WITH NO COMPLAINTS BY THE SURROUNDING PROPERTY OWNERS.

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

BUT FOR THE SETBACK, ENCROACHMENTS BY THE EXISTING COMMERCIAL STRUCTURE AND POLE SIGN LOCATED ON THE PROPERTY.

BEFORE THE APPLICANT CAN PLAT THE PROPERTY, THE VARIANCES WILL NEED TO BE GRANTED BY THE ZBA.

NEXT SLIDE.

EARL DID PROVIDE HIS FINDINGS AS WELL, AND HE CERTAINLY CAN GO OVER THOSE WITH YOU IF YOU WOULD LIKE.

NEXT SLIDE SHOW.

NEXT. AND THEN WE JUST HAVE SOME PHOTOS OF THE BUILDING ITSELF AND THE POLE SIGN.

SIT. ANY QUESTIONS?

[00:10:03]

ALL RIGHT.

BUT THIS TIME WE'LL OPEN IT UP FOR THE PUBLIC HEARING AND INVITE ANYBODY TO SPEAK THAT WOULD LIKE TO.

ALL RIGHT. NOW, PAM, DO WE CLOSE PUBLIC HEARING FIRST BEFORE WE DISCUSS IT? YES. IF YOU'LL PLEASE, THOUGH, NOTE THE TIME YOU OPENED AND TIME YOU CLOSED.

OKAY, SO WE'RE GOING TO WE OPEN THE PUBLIC HEARING AT 3:43.

I THINK I GOT THAT ONE RIGHT.

AND WE'RE GOING TO CLOSE IT AT ALSO AT 3:43.

THANK YOU. AND I'LL ASK THE THE BOARD TO DISCUSS OR ASK QUESTIONS ABOUT IT.

AND IF THERE IS NO DISCUSSION, I'LL ENTERTAIN A MOTION.

AND THIS IS GOING TO BE ON ITEM FOUR, WHICH IS FOR THE STRUCTURE.

AND OF COURSE, THIS ANY ACTION WE TAKE WOULD BE FOR THE EXISTING STRUCTURE ONLY.

NOT FOR ANY FUTURE ENCROACHMENTS OR FUTURE STRUCTURES.

IT'S ABOUT TEN. IN THE PHOTO WE'RE LOOKING AT, IT'S ABOUT IS IT TEN FEET OF THE EXISTING STRUCTURE THAT'S IN THE.

AND SET BACK AREA.

I BELIEVE THAT'S CORRECT.

I THINK IT'S TEN POINT. 10.4FT INTO THE 25 FOOT SETBACK.

IMPROBABLY, THOSE TELEPHONE POLES ARE THE FRONT PROPERTY BORDER.

AND THEN IT'S THE STATE FARM SIGN ON THE POLE.

CORRECT. THE ONE IN QUESTION.

SO TXDOT OWNS THE BARGE AND YOU CAN SEE THAT THE BUILDING DOES INTRUDE INSIDE THAT 25 FOOT FRONT YARD SETBACK.

WE DID GET A SURVEY FROM THE SURVEYOR THAT SHOWED THE POSITIONS THE PROPERTY WAS IN THE STRUCTURE FROM THE PROPERTY LINE.

ANECDOTALLY, IT LOOKS LIKE THE SIGN LINES UP WITH ALL THE OTHERS DOWN THE HIGHWAY.

I THINK YOU'RE PRETTY ACCURATE ON THAT.

I DON'T HAVE ANY OTHER QUESTIONS.

OKAY. NOW, I WOULD ENTERTAIN A MOTION IF THERE ARE NO NO FURTHER DISCUSSION OR QUESTIONS.

ON THE STRUCTURE ITSELF.

I MOVE TO APPROVE THE VARIANCE TO ALLOW THE STRUCTURE.

OKAY. WE HAVE A MOTION FROM MR. IKERD. I WILL SECOND.

ZBA 202401.

WE HAVE A SECOND FOR MR. CLINESMITH. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? HEARING NONE.

ITEM FOUR, THE VARIANCE IS APPROVED.

ITEM FIVE HAS TO DO WITH THE POLE SIGN.

[ITEM 5: 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, Carson Addition and more commonly referred to as 1411 S. FM 51, City of Decatur, Wise County, Texas. The request is for a variance to CITY OF DECATUR, TEXAS Development Services  1601 S. State Street  Decatur, TX 76234  (940) 393-0250 voice (940) 626-4629 fax the City of Decatur Code of Ordinances, Appendix B., “Zoning,” Article 5, “Zoning Districts,” Section 5.1, “Zoning Districts Established,” Subsection 5.1.11, “C-2, Thoroughfare Business District,” D., “Area Regulations,” (1), “Size of Yards,” (a), “Minimum Front Yard,” to allow the existing pole sign, as identified in Attachment 3B of the staff report, to encroach twenty and seven tenths feet (20.7’) into the required twenty-five foot (25’) front yard setback along south FM 51. (ZBA Application 2024-02 – Brad Eubanks, on behalf of property owner Carol Ann Carson, Independent Executrix of the Estate of Betty Burnett Carson)]

IT ALSO INTRUDES INTO THE 25 FOOT FRONT YARD SETBACK.

SO I'D ENTERTAIN A MOTION ON THAT.

I'LL MAKE A MOTION TO APPROVE.

ZBA 2024-02.

OKAY, WE HAVE A MOTION FROM MR. CLINESMITH. AND A SECOND.

I HEAR A SECOND SECOND FROM MR. CROSS. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? ALL RIGHT. ITEM FIVE HAS BEEN APPROVED.

ITEM SIX IS JUST TO TALK ABOUT ANY FUTURE BUSINESS THAT WE HAVE.

[ITEM 6: New and/or future business items. a. As of agenda posting, the March 18, 2024, meeting currently has no (0) ZBA Planning application. Application submittal deadline was Tuesday, February 20, 2024, by 5 p.m.]

AGENDAS UPCOMING? YES. AND AS OF THIS AGENDA POSTING FOR MARCH 18TH, 2024.

THE MEETING CURRENTLY HAS NO ZBA PLANNING APPLICATIONS.

THE DEADLINE WAS TUESDAY, FEBRUARY 20TH, 2024 AT 5 P.M..

IF THAT CHANGES, CERTAINLY WE WILL LET YOU GUYS KNOW, BUT.

GOT IT. DON'T HAVE.

SOMETIMES Y'ALL CAN JUST SLIP THOSE IN THERE.

WELL, SOMETIMES WE HAVE PEOPLE THAT ARE IN NEED.

DESPERATE NEED.

RIGHT. SO.

OKAY, WELL, MARCH 18TH IS A POTENTIAL DATE, BUT NO ITEMS ON THE AGENDA AT THIS TIME.

THAT'S CORRECT. OKAY.

AND WE HAVE NO FURTHER BUSINESS TO CONDUCT.