Jun 17, 2024 Zoning Board of Adjustment

[Call to Order]

[00:00:05]

I THINK WE CAN CALL THIS MEETING TO ORDER AT 3:30, AND OUR FIRST ITEM IS TO DISCUSS AND TAKE ACTION ON THE APRIL 15TH,

[ITEM 1: Discuss and take appropriate action regarding April 15, 2024, Minutes.]

WE HAVE A MOTION FROM MR. CROSS. SECOND FROM ESTRADA.

SO ALL THOSE ALL ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? ALL RIGHT, THE MINUTES ARE APPROVED.

THIS IS AN IN-PERSON AND VIDEO CONFERENCE MEETING.

VIDEO CONFERENCING IS BEING USED TO ALLOW STAFF AND MEMBERS OF THE PUBLIC TO JOIN THE MEETING IN THE FOLLOWING MANNER.

ANYONE MAY JOIN THE MEETING VIA VIDEO CONFERENCE AT 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, AND YOU MAY SPEAK DURING THIS TIME 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 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 DRAGLAND@DECATURTX.ORG OR CFUSS@DECATURTX.RG BEFORE AND DURING THE MEETING, PLEASE PROVIDE YOUR NAME, ADDRESS AND THE AGENDA ITEM NUMBER.

SO WE'LL MOVE ON TO ITEM TWO ON OUR AGENDA, AND WE'LL HEAR THE STAFF REPORT ON A REQUEST FOR A SPECIAL

[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 rear yards for the property identified as Lot 4, Block 75, South Decatur Addition and more commonly referred to as 1304 S. Stratton Street, 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 7, “Development Standards,” Section 7.6, “Accessory Structure Regulations,” Subsection 7.6.1, “Accessory Structures in Residential Districts,” Item C, “Rear Yard.” The provision states, “there shall be a rear yard for accessory buildings not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists, the rear yard shall not be less than ten (10) feet as measured from the rear lot line.” Applicant is requesting a setback encroachment special exception from the City’s Zoning Ordinance to allow a new detached garage structure, as identified in Attachment 3A of the staff report, to encroach seven feet (7’) into the required ten foot (10’) rear yard setback along the western property line. (ZBA Application 2024-06 - David Hulsey)]

THE PROPERTY OR IT'S FOR MR. DAVID HOLTZ'S REQUEST FOR A SETBACK ENCROACHMENT SPECIAL EXCEPTION, AND THE REQUEST IS TO ALLOW A NEW DETACHED GARAGE STRUCTURE TO ENCROACH SEVEN FEET INTO THE REQUIRED TEN FOOT REAR YARD SETBACK ALONG THE WESTERN PROPERTY LINE. THE PROPOSED PROPERTY WILL BE PLATTED AS.

I'M SORRY. THE PROPERTY IS PROPOSED TO BE PLATTED AS LOT 4R BLOCK 75 SOUTH DECATUR ADDITION, AND IS REFERRED TO AS 1304 SOUTH STRATTON STREET.

THIS IS THE ENCROACHMENT EXHIBIT, WHICH WAS ALSO PROVIDED IN YOUR PACKET.

NEXT SLIDE.

WE DID NOTIFY 17 PROPERTY OWNERS WITHIN 200FT.

WE RECEIVED ONE NOTIFICATION THAT'S IN FAVOR AND THAT'S THE AREA IN GREEN REPRESENTED.

NEXT SLIDE.

IN TERMS OF OUR FINDINGS, THE REQUESTED VARIANCE DOES NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.

THE EXISTING RESIDENTIAL STRUCTURE HAS BEEN IN EXISTENCE SINCE 1975 PER THE APPRAISAL DISTRICT.

REDUCED SETBACKS DO TEND TO BE COMMON IN THIS AREA, AND THE DETACHED GARAGE STRUCTURE DOES NOT APPEAR TO ADVERSELY IMPACT THE SURROUNDING PROPERTY OWNERS.

THE PROPERTY OWNER IS IN THE PROCESS OF RE-PLATTING HIS PROPERTY TO ADDRESS THE SIDE YARD SETBACK ENCROACHMENT ALONG EAST PARK STREET.

HE IS ALSO IN THE PROCESS OF PERMITTING A SWIMMING POOL IN THE BACKYARD.

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

THE PROPERTY OWNER IS BUILDING, LIKE I SAID, THE SWIMMING POOL BETWEEN THE AREA FOR THE DETACHED GARAGE AND THE EXISTING RESIDENTIAL STRUCTURE, AND ALTHOUGH THE LOT DOES APPEAR TO BE A LARGE LOT, THERE'S REALLY NOT A WHOLE LOT OF ROOM FOR HIM TO CONSTRUCT THE DETACHED GARAGE.

NEXT SLIDE.

THIS, HOWEVER, DOES MEAN THAT THE HARDSHIP IS A RESULT OF THE APPLICANT'S ACTIONS.

[00:05:01]

AGAIN, AS THIS IS CONCEIVABLY THE ONLY SPACE AVAILABLE, 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, HAD THE SWIMMING POOL BEEN MOVED OR BUILT A LITTLE SMALLER, THE GARAGE COULD HAVE FIT WITHIN THE SETBACKS, BUT THE CONSTRUCTION OF THE POOL HAS ALREADY TAKEN PLACE, SO THERE REALLY IS NOT A WHOLE LOT OF ROOM FOR THE DETACHED GARAGE.

NEXT SLIDE. THIS IS THE CITY ENGINEER'S FINDINGS.

I WON'T GO THROUGH THOSE, BUT BASICALLY HE DID NOT FIND ANY VISIBILITY OR ISSUES WITH THE DETACHED GARAGE BEING PROPOSED.

NEXT SLIDE. NEXT SLIDE, AND THEN THIS IS JUST THE PHOTO OF THE BACKYARD AND WHERE HE'S PROPOSING TO PUT THE GARAGE STRUCTURE AND THEN THE SITE PLAN.

THAT CONCLUDES MY PRESENTATION, AND MARK, THE PROPERTY OWNER, IS ALSO HERE IF YOU WANT HIM TO SPEAK.

WE'LL OPEN UP THE PUBLIC HEARING AT 3:36, AND WE WOULD BE OPEN TO HEAR ANY COMMENTS THAT ANYONE IN THE AUDIENCE WOULD LIKE TO PROVIDE.

ALL RIGHT. HEARING NONE.

WE'LL CLOSE THE PUBLIC HEARING AT 3:37 AND THEN OPEN UP THE DISCUSSION AMONGST THE BOARD MEMBERS.

SO LET ME MAKE SURE I UNDERSTAND, DEDRA.

THERE IS CURRENTLY A GARAGE IN PLACE, EXISTING GARAGE, BUT H AS IT BEEN DEMOED? NO, NO, NO, HE'S TALKING ABOUT ATTACHED TO THE HOUSE, DANNY; THERE IS A GARAGE.

IS THAT GARAGE GOING TO BE REPURPOSED, AND SO THEREFORE THERE'S ANOTHER NEED FOR A GARAGE OR.

I THINK THE PROPERTY OWNER COULD PROBABLY SPEAK TO WHAT HIS PLANS ARE.

YOU NEED TO COME TO THE PODIUM.

TELL THEM YOUR NAME AND YOUR ADDRESS.

PRESS THE BUTTON. IT'S MY PROPERTY WE'RE TALKING ABOUT.

DAVID, WOULD YOU MIND STATING YOUR FULL NAME AND YOUR ADDRESS, I BELIEVE.

IS THAT WHAT WE NEED, CHERYL? MM HMM. OKAY. DAVID HOLSEY 1304 SOUTH STRATTON STREET, DECATUR, TEXAS.

OKAY, THANKS. SO THE POOL IS IN PLACE.

THE BUILDING IS FOR EXTRA STORAGE.

IT WILL BE BIG ENOUGH TO PUT TWO CARS IN, BUT NO, WE ARE NOT GOING TO REPURPOSE.

AT THIS TIME THE GARAGE FOR ANY OTHER LIKE, ROOMS OR ANYTHING.

OKAY. IT ALSO IS GOING TO HOUSE THE POOL EQUIPMENT THAT IS IN THAT LOCATION ALREADY.

OKAY. I SAW THAT WHEN YOU WENT BY.

YES, SIR. WELL.

THANK YOU. THANK YOU.

I JUST WANTED TO HAVE AS MUCH SPACE ON THE YARD SIDE AS POSSIBLE, AND NOT BEHIND THE BUILDING.

SO WE'RE ASKING. WHAT YOU'RE ASKING FOR IS A SEVEN FOOT ENCROACHMENT INTO THE TEN FOOT REAR YARD SETBACK.

YES, SIR. WITH THIS, WITH THIS NEW BUILDING THAT YOU'RE PROPOSING TO BUILD.

ALL RIGHT, AND THAT WOULD ALLOW BUILDING LIKE, SAY, BIG ENOUGH TO PUT TWO CARS IN.

WHAT THE PICTURE DOESN'T SHOW IS THE DECK ON THE BACK SIDE OF THE POOL AND A SMALL RETAINING WALL THERE.

SO IT IS KIND OF FULL THERE BETWEEN THE POOL AND THE PROPOSED STRUCTURE.

ALL RIGHT. OH, NO, HE WAS TICKLED WITH THE NEW FENCE.

[00:10:02]

IF WE COULD HAVE EVERYBODY TURN ON THEIR MIC, THEN WE COULD HAVE A GOOD RECORD OF THE DISCUSSION.

THANK YOU. THANK YOU, PAM.

THANKS, PAM. MY APOLOGIES.

THANK YOU, PAM. CAN WE ASK WHAT SIZE THE BUILDING WILL BE? 30 BY 40.

30 BY 40? MM HMM.

ACCESS, DOES IT GO STRAIGHT INTO IT? YEAH IT WILL BE JUST STRAIGHT INTO IT.

YEAH, AND THEN, OF COURSE, THERE WILL BE A DOOR THAT GOES FROM THE POOL SIDE INTO IT.

IN THE BACK IS A LITTLE SECTIONED OFF AREA TO PUT LAWN MOWERS AND POOL EQUIPMENT AND STUFF LIKE THAT, BUT THERE'S GOING TO BE FLAT WORK FROM THE EXISTING CONCRETE DRIVE.

THERE'S GOING TO BE ADDITIONAL DRIVE.

YES, SIR. YEAH, OKAY.

OKAY, ANYBODY GOT ANY QUESTIONS? NO, IT'S PRETTY CLEAR.

OKAY. THANK YOU VERY MUCH.

THANK YOU. THIS IS NOT UNUSUAL FOR THIS NEIGHBORHOOD. TO HAVE ENCROACHMENTS LIKE THIS.

I WOULD MAKE A MOTION THAT WE APPROVE.

SECOND. WE HAVE A SECOND FROM BUSTER.

ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? NAY. OKAY.

SO THAT IS FOUR AND ONE.

PAM, IS THAT A DECISION? YES. OKAY.

ALL RIGHT, THEN. ITEM TWO IS APPROVED ON A VOTE OF 4 TO 1.

MOVING ON TO ITEM THREE.

[ITEM 3: New and/or future business items.]

WE DO NOT HAVE ANY APPLICATIONS.

OKAY. ALL RIGHT.

WELL, SEEING NO FURTHER BUSINESS ON OUR AGENDA, WE STAND ADJOURNED AT 3:42.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.