[00:00:01]
>> WE READY TO GO? WE WILL CALL THE MEETING
[Call to Order]
OF THE BOARD OF ADJUSTMENT TO ORDER AT 3:34.OUR FIRST ITEM IS TO DISCUSS AND TAKE ACTION ON
[ITEM 1: Discuss and take appropriate action regarding February 21, 2024, Minutes.]
THE MINUTES FROM FEBRUARY 21. THOSE ARE IN YOUR PACKET.IF YOU HAD A CHANCE TO LOOK AT THOSE, I'D ENTERTAIN A MOTION.
I'M IN CHARGE OF THIS NOW, SO I GOT TO WRITE IT DOWN.
>> ANY OPPOSED? THE MINUTES ARE APPROVED.
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'LL BE RECOGNIZED BY THE CHAIRMAN TO ADDRESS THE BOARD AND WE'LL BE ALLOWED A TOTAL OF THREE MINUTES TO PROVIDE COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH THE REQUEST TO SPEAK WAS SUBMITTED.
YOU MAY SPEAK DURING THIS TIME OR 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 SIX MINUTES IF A TRANSLATOR IS REQUIRED FOR A NON ENGLISH SPEAKER TO COMMUNICATE HIS OR HER THOUGHTS, 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 D RAGLAN AT DECATURTX.ORG.
OR SEE THIS AT DECATURTX.ORG BEFORE AND DURING THE MEETING.
PLEASE PROVIDE YOUR NAME, ADDRESS, AND THE AGENDA ITEM NUMBER.
WE'LL MOVE TO ITEM 2 ON OUR AGENDA.
[Items 2, 3 & 4]
ACTUALLY, WE'LL DISCUSS ITEMS 2, 3, AND 4 TOGETHER BECAUSE THAT'S THE WAY THE CITY STAFF REPORT IS GOING TO BE PRESENTED.BUT ITEM 2 HAS TO DO WITH AN EXISTING COMMERCIAL STRUCTURE THAT ENCROACHES 1.7 FEET INTO A REQUIRED 25 FOOT FRONT YARD SETBACK.
ITEM 3, IS TO ALLOW A NEW COMMERCIAL DECK TO ENCROACH 10.7 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK.
ITEM 4 IS TO ALLOW AN EXISTING COMMERCIAL STRUCTURE TO ENCROACH 10 FEET INTO THE REQUIRED TEN FOOT REAR YARD SETBACK.
HAVING SAID THAT, THEN I'LL TURN IT OVER TO MS. DRAGON.
AS YOU MENTIONED, WE HAVE THREE SETBACK VARIANCES FOR THIS PARTICULAR PROPERTY.
THE PROPERTY IS IDENTIFIED AS BLOCK 1 TARLETON ADDITION AND MARK DID GO OVER THE VARIANCE REQUESTS.
THE ADDRESS IS 507 SOUTH US HIGHWAY 81287 BUSINESS.
BEFORE YOU IS THE DIAGRAM SHOWING THE ENCROACHMENT.
AGAIN, THERE'S AN EXISTING BUILDING THAT ENCROACHES IN THE FRONT YARD SETBACK AND THE REAR YARD SETBACK, AND THEN THERE'S A DECK THAT'S PROPOSED THAT WILL ALSO ENCROACH IN THE FRONT YARD SETBACK.
NEXT SLIDE. WE HAVE SOME BETTER GRAPHICS.
THESE ARE ALSO IN YOUR STAFF REPORT, AND THEY SHOW EACH OF THE ENCROACHMENTS.
WE DID NOTIFY 11 PROPERTY OWNERS THAT WERE WITHIN THE 200 FOOT NOTIFICATION AREA.
WE DID NOT RECEIVE ANY RESPONSES BACK.
NEXT SLIDE. THEN THIS IS A COUPLE OF PHOTOGRAPHS FOR YOU TO SEE THE BUILDING THAT'S THE SUBJECT OF THESE APPLICATIONS.
IT'S AN INFILL PROJECT, SO WE ARE SUPPORTIVE OF INFILL.
BUT THE PROJECT DOES NEEDS TO MEET OUR REGULATIONS AND WE'RE TRYING THE BEST THAT WE CAN TO GET THEM IN AS SOON AS WE CAN.
NEXT SLIDE. IN TERMS OF OUR FINDINGS,
[00:05:02]
DO WE FIND THAT THE VARIANCE DOES NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE, GIVEN THAT THIS PROPERTY HAS BEEN SITUATED FOR MANY YEARS IN ITS CURRENT CONFIGURATION.THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION.
THEY ARE LOOKING AT THIS PROPERTY WITHOUT REALIZING THAT THERE WERE SETBACK ENCROACHMENTS, AND NOW THEY'RE TRYING TO GET EVERYTHING IN LINE WITH THE CITY'S REGULATIONS.
THE INTERPRETATION OF THE PROVISIONS IN THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT.
A LOT OF THE STRUCTURES ALONG THE BUSINESS ROUTE ARE GOING TO HAVE ISSUES.
THERE'S GOING TO BE PROBABLY A NUMBER OF SETBACK ISSUES, ENCROACHMENT ISSUES, ETC.
BUT IF WE'RE GOING TO SUPPORT INFILL, WE'RE GOING TO HAVE TO LOOK AT THINGS DIFFERENTLY AND ACCEPT SOME OF THESE ENCROACHMENTS AS OKAY, IT'S NOT THAT BIG DEAL, THAT BIG OF AN ISSUE.
NEXT SLIDE. THIS IS THE CITY ENGINEERS FINDINGS.
BASICALLY, HE HAS THE SAME ANALYSIS, AND HE WAS LOOKING AT IT FROM THE STANDPOINT OF TRAFFIC AND TRANSPORTATION AND THERE WERE NO ISSUES WITH REGARDS TO THAT.
NO VISIBILITY ISSUES WHATSOEVER. NEXT SLIDE.
WITH THAT SAID, YOU CAN ACT ON THESE APPLICATIONS.
YOU WILL NEED TO DO IT INDIVIDUALLY AS MARK SAID PER APPLICATION.
WAYNE AND I CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
I DON'T KNOW IF THE APPLICANT IS HERE.
I DIDN'T SEE, AND THE APPLICANT IS HERE TO ANSWER ANY QUESTION.
THE APPLICANT IS FREE TO MAKE COMMENTS IF YOU'D LIKE.
THEN WE'LL CLOSE THE PUBLIC HEARING AT 3:41, AND I'LL ASK FOR COMMENTS OR DISCUSSION.
>> I MOVED TO APPROVE ZBA 2024-03.
>> I'LL SECOND MOTION FOR ZBA 2024-03.
WE HAVE A MOTION FROM SAMMER AND A SECOND FROM MASON.
MOVING ON TO ITEM 3, WHICH IS AN ENCROACHMENT VARIANCE TO ALLOW FOR THE NEW COMMERCIAL DECK.
WE'LL OPEN THAT PUBLIC HEARING AT 3:42.
WE'LL ALSO CLOSE IT AT 3:42, AND THEN I'LL ASK SAMMER TO ASK YOUR QUESTION.
>> YEAH. WOULD YOU STATE YOUR NAME?
>> BETTER. DOUG SIMMONS, I'M THE GENERAL CONTRACTOR FOR THE BUSINESS GOING.
AT THE FRONT OF THE BUILDING, WHERE THEY ORDER IS ONLY SEVEN FOOT, BUT BY THE TIME YOU GET DOWN BECAUSE THE MEETING THE ADA HANDICAP RAMPS, IT PUTS IT 10 FEET.
THE DECK ITSELF, LIKE WHERE YOU'D ORDER IS ONLY SEVEN FOOT, BUT BECAUSE THE PROPERTY IS SLANTED, AND THERE'S NOT ANOTHER WAY TO REALLY WORK IT TO GET THAT HANDICAP RAMP IN THERE.
TO GET THE FOOTAGE BECAUSE I HAVE TO HAVE 43 FEET OF RAMP.
I JUST WANTED TO ASK THE QUESTION.
>> ANY OTHER QUESTIONS FOR THE APPLICANT?
[00:10:03]
WELL, I'LL ENTERTAIN A MOTION.IF THERE'S NO OTHER QUESTIONS.
>> SECOND FROM LISA. YES, MA'AM.
>> SURE. I'M SURE THAT DANNY MEANT TO APPROVE, BUT IS YOUR MOTION TO APPROVE. THANK YOU.
>> GOOD POINT. [OVERLAPPING] I DON'T THINK IT TAKES ANYBODY VERY LONG TO DO THAT.
>> ANY OPPOSED? ITEM 3 IS APPROVED.
WE'LL OPEN THAT PUBLIC HEARING AT 3:44.
ANY COMMENTS? HEARING NONE, WE'LL CLOSE IT AT 3:44.
>> WE HAVE A MOTION FROM SAMMER. DO WE HAVE A SECOND?
>> SECOND FROM MASON. ALL THOSE IN FAVOR SAY AYE.
>> ANY OPPOSED? ITEM 4 IS APPROVED.
ITEM 5 IS TO DISCUSS NEW BUSINESS, IF THERE IS ANY?
[ITEM 5: New and/or future business items]
>> WELL, AS OF THIS AGENDA POST THING, THERE ARE NO ZBA APPLICATIONS, SO YOU GUYS ARE GOING TO BE FREE FOR WHAT IS THIS MAY? > ALL RIGHT.
>> AT LEAST FOR ZBA. I DON'T KNOW ABOUT BSC.
>> I KNOW THOSE GUYS ARE DIFFERENT.
WELL, THEN WE STAND ADJOURNED AT 3:45. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.