[00:00:03]
WE'LL CALL THIS MEETING TO ORDER AT 3:41 OF THE ZONING BOARD OF ADJUSTMENTS AND
[Call to Order ]
THE FIRST ITEM DISCUSSED TAKE APPROPRIATE ACTION REGARDING AN AUGUST 18TH, 2024 BOARD OF ADJUSTMENTS MINUTES.[ITEM 1: Discuss and take appropriate action regarding August 18, 2024, BOA Minutes. ]
I WILL GIVE YOU A SECOND TO LOOK AT THEM AND A SECOND TO FORGET THEM, AND THEN I WILL TAKE A MOTION TO APPROVE THEM.I WILL MAKE A MOTION TO APPROVE THE MINUTES FROM OUR PRIOR MEETING.
MOTION MADE BY [INAUDIBLE] CLINESMITH [INAUDIBLE] SECOND MADE BY MISS PERDUE.
[General Agenda Comments ]
[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 located at 901 E. US Highway 380 Business, 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 1D of the staff report, to encroach eighteen and six tenths feet (18.6’) into the required twenty-five foot (25’) front yard setback along east US Highway 380 Business. (BOA Application 2024-11 - Todd Garner, on behalf of G & W Partnership) ]
ITEM TWO.THE BOARD WILL HOLD A PUBLIC HEARING TO CONSIDER TAKING ACTION ON REQUEST FOR A SETBACK ENCROACHMENT VARIANCE FROM CITY DECATUR ZONING ORDINANCE REGARDING FRONT YARDS.
THE PROPERTY, LOCATED AT 901 EAST US HIGHWAY 380, BUSINESS CITY OF DECATUR, WISE COUNTY, TEXAS.
THE REQUEST IS A VARIANCE TO THE CITY OF DECATUR CODE OF ORDINANCES, APPENDIX B ZONING ARTICLE FIVE ZONING DISTRICTS SECTION 5.1 ZONING DISTRICTS ESTABLISHED SUBSECTION 5.1.11 C-2 THE THOROUGHFARE THOROUGHFARE BUSINESS DISTRICT D.
THE AREA REGULATION SIZE OF YARDS MINIMUM YARD FRONT YARD TO ALLOW AN EXISTING COMMERCIAL STRUCTURE AS IDENTIFIED IN ATTACHMENT THREE B OF THE STAFF REPORT TO ENCROACH 18 AND 6/10 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG U.S.
THIS IS APPLICATION 2024-11 FROM TODD GARNER ON BEHALF OF G&W PARTNERSHIP.
OKAY, ANYONE JOINING THIS VIDEO CONFERENCE VIA TELEPHONE OR BY CALLING 1-346-248-7799, MEETING ID IS 912 5595 2930, PASSWORD 976524.
HOLD UP YOUR HAND WHEN THE CHAIRMAN CALLS FOR PUBLIC COMMENT, OR YOU WILL BE RECOGNIZED BY THE CHAIRMAN TO ADDRESS THE BOARD, AND WILL BE ALLOWED TO 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 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 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 THE RAGLAND AT DECATUR TEXAS.ORG OR CALL US AT DECATUR TEXAS.ORG BEFORE AND DURING THE MEETING.
PLEASE PROVIDE YOUR NAME, ADDRESS AND THE AGENDA ITEM NUMBER.
WE'RE GOING TO MOVE ON THROUGH THIS.
WE ARE IN A PUBLIC HEARING FOR AGENDA ITEM TWO AND SO THE STAFF REPORT IS WRITTEN TO ADDRESS ALL FIVE OF THESE VARIANCE REQUESTS THAT ARE BEING PRESENTED HERE BY MR. TODD.
EXCUSE ME, TODD GARNER, ON BEHALF OF G&W PARTNERSHIP.
THIS IS THE OLD DECATUR LUMBER FACILITY OVER THERE.
AND AND I'M SORRY, IS IT HANSON OR HENSON? MADE SOME GREAT STRIDES IN THAT AND PROVIDING MORE PRODUCTS FOR THE COMMUNITY OVER THERE.
IN ORDER TO DO THAT, THEY NEED TO PLAT THEIR PROPERTY.
AND BEFORE THEY DO THAT, THEY NEED TO TAKE CARE OF THE ENCROACHMENTS THAT ARE ALREADY THERE.
WE HAVE IDENTIFIED FIVE OF THEM.
FOUR OF THEM ARE EXISTING AND ON THE GROUND RIGHT NOW.
A FIFTH ONE WAS A BUILDING THAT THEY HAD TORN DOWN, BUT THEY WANT TO BUILD BACK ON THAT.
[00:05:03]
AND SO WE'LL START WITH YOU CAN SEE THE YOU'VE GOT THIS ATTACHMENT IN YOUR PACKET THAT GOES THROUGH EACH ONE OF THESE.AND BOA 2411 IS AN EXISTING COMMERCIAL STRUCTURE TO ENCROACH 18 AND 6/10 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG U.S.
BOA 2412 IS AN EXISTING COMMERCIAL STRUCTURE TO ENCROACH 2 AND 8/10 FEET INTO THE REQUIRED TEN FOOT SIDE YARD SETBACK ALONG THE WESTERN PROPERTY LINE.
AND SO THAT'S THE SAME BUILDING, BUT IT ENCROACHES IN THE SIDE YARD.
BOA 2413 IS AN EXISTING METAL STORAGE BUILDING TO ENCROACH 4 FEET INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK ALONG THE WESTERN PROPERTY LINE.
SO THAT'S NUMBER 13 WHICH IS THE BUILDING DIRECTLY ALONG U.S.
HIGHWAY 51 ON THE SIDE AND BOA 2024-14 EXISTING COMMERCIAL STRUCTURE TO INCREASE ENCROACH 15 AND 1/10 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG NORTH FM 51.
IT'S A SEPARATE STRUCTURE THAT'S MORE TOWARDS THE REAR OF THE PROPERTY OFF OF 380 BUSINESS AND THEN 2024-15 WOULD BE THE NEW STRUCTURE THAT THEY'RE LOOKING TO REPLACE.
THEY ACTUALLY HAD A BUILDING THERE THAT THEY HAD DEMOED.
THEY TOOK IT DOWN. THEY WANT TO BUILD ANOTHER ONE THERE AND ENCROACH IN THE SAME AMOUNT THAT IT WAS THERE BEFORE, WHICH IS 13FT, 9/10 OF AN INCH INTO THE 25 FOOT FRONT YARD SETBACKS.
THEY ARE PROPOSING THIS AS THE LOT ONE BLOCK ONE LUMBER YARD ADDITION.
AND IT'S MORE COMMONLY REFERRED TO AS 901 EAST US HIGHWAY 380 BUSINESS.
AGAIN, THERE ARE FIVE SEPARATE VARIANCES THAT ARE ON THIS.
WE'LL HAVE TO TAKE ACTION ON EACH ONE OF THEM SEPARATELY.
CAN WE DO THEM UNDER ONE PUBLIC HEARING, OR DO WE HAVE TO HAVE FIVE SEPARATE PUBLIC HEARINGS? NO. YOU CAN HAVE ONE PUBLIC HEARING.
IF YOU HAVE ANY QUESTIONS ON ANY ONE OF THESE IN PARTICULAR, LET ME KNOW.
WE DO HAVE A REPRESENTATIVE FROM HENSON LUMBER HERE TO SPEAK IF NEEDED.
THERE'S THE FIFTH STRUCTURE THAT STILL SHOWS ON THE MAP AS BEING THERE.
IT HAS BEEN TORN DOWN, BUT IT IS BEING REPLACED.
THERE WERE 19 PROPERTY OWNERS THAT WERE NOTIFIED ABOUT THIS PUBLIC HEARING, AND WE DID NOT RECEIVE ANY RESPONSES RELATING TO THAT.
WE HAVE THE PICTURES THAT INCLUDE THOSE ENCROACHMENTS ALONG THE FRONT OF IT.
AND THEN THE SIDE ALONG SOUTH FM 51.
AND. SO THE REQUESTED REQUESTED VARIANCES DO NOT VIOLATE THE INTENT OR SPIRIT OF THE ORDINANCE, AND THE EXISTING COMMERCIAL STRUCTURES HAVE BEEN IN PLACE IN EXISTENCE SINCE 1990 PER WISE COUNTY APPRAISAL DISTRICT.
THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREA, SHAPE OR TOPOGRAPHY, OR PHYSICAL FEATURES THAT EXIST THAT ARE PECULIAR TO THE SUBJECT PROPERTY, AND THE EXISTING COMMERCIAL STRUCTURES HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATIONS FOR NEARLY 35 YEARS.
HENSON LUMBER IS SEEKING TO BRING THE PROPERTY INTO COMPLIANCE SO THAT THEY CAN BUILD A NEW COMMERCIAL STRUCTURE TO SERVE CUSTOMERS BETTER AND PRESERVE THE WOOD PRODUCTS THAT THEY SELL. THE NEW COMMERCIAL STRUCTURE WILL NEED TO BE CONSTRUCTED IN THE FRONT YARD SETBACKS AND THE REDUCED BUILDING SETBACK DO NOT APPEAR TO BE AN UNCOMMON PHENOMENON, OR A CONDITION THAT ADVERSELY AFFECTS THE SURROUNDING NEIGHBORS.
[00:10:06]
THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTIONS.AND THE INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE COULD DEPRIVE THE APPLICANTS OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE SAME ZONING DISTRICTS THAT COULD THAT COMPLY WITH THE SAME PROVISIONS.
THE COMMERCIAL THE COMMERCIAL STRUCTURES HAVE BEEN IN THEIR CURRENT CONFIGURATION FOR ON THIS ONE IT SAYS 34 YEARS WITH NO COMPLAINTS ABOUT THE SURROUNDING PROPERTY OWNERS.
THE APPLICANT LEASED THE PROPERTY, UNAWARE OF THE ENCROACHMENT, AND THEY'RE ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS FOR ENCROACHMENTS SO THAT THEY CAN PLAT THE PROPERTY.
THE CITY ENGINEER PROVIDED A MEMO THAT ALL BUILDINGS THAT HAVE ALL BUILDINGS HAVE EXISTED SINCE 1990, CAUSING NO ISSUES WITH TRAFFIC OR NEIGHBORING PROPERTIES.
IF NONE OF THE NEIGHBORS HAVE A PROBLEM, I DON'T SEE WHAT THE PROBLEM WITH US PROCEEDING.
IF NO ONE HAS HAS HAD A PROBLEM WITH IT.
THE ONLY THING THAT'S CHANGING IS UPGRADING.
YES. SO THE ONE MIC]. SO THAT'S THE ONLY THING THAT'S CHANGING.
IT WAS AN EXISTING STRUCTURE AT THE TIME THAT IT WAS DEMOED.
AND THEY'RE JUST WANTING TO BUILD BACK IN THAT SAME LOCATION.
OKAY. YEAH. ANY OTHER QUESTIONS? WE NEED A MOTION.
OKAY. WE DO HAVE SOMEONE ONLINE.
MA'AM, CAN YOU STATE YOUR NAME, PLEASE AND YOUR ADDRESS? YOU'RE ON MUTE.
HER? MA'AM, CAN YOU UNMUTE YOURSELF? OKAY. CAN YOU HEAR ME NOW? YES, MA'AM. YES, WE CAN HEAR YOU.
CAN YOU HEAR US? WE'RE SUPPOSED TO.
I'M REPRESENTING THE SAINT JOHN BAPTIST CHURCH HERE IN DECATUR ON 51, AND ALSO THE PROPERTY AT 1103 NORTH FM 51. I WANT TO KNOW HOW IS ALL THESE CHANGES GOING TO AFFECT OUR PROPERTY AND WELL, ESPECIALLY
[00:15:02]
SAINT JOHN. I CAN UNDERSTAND THAT.WELL, WE HAVE TO HAVE WE HAVE BUILDINGS ERECTED THERE.
ARE THEY GOING TO BE IN JEOPARDY OF HAVING TO BE MOVED? OR AND ALSO ON MY PERSONAL PROPERTY AT 1103, I WANT TO KNOW IF HOW DOES THAT AFFECT ME WHEN I'M ACROSS THE HIGHWAY FROM 51? I'M NOT EVEN IN THE LINE OF ACTIVITY OF THE LUMBER COMPANY.
CAN YOU HEAR US, MA'AM? MA'AM. MA'AM, CAN YOU HEAR ME? [INAUDIBLE] CAN YOU HEAR US NOW? I WAS CURIOUS ABOUT THE CHURCH BECAUSE THE CHURCH IS RIGHT THERE BY IT.
TO ANSWER HER QUESTIONS, IT WILL NOT IMPACT THE ADJOINING PROPERTY.
THEY DON'T HAVE TO DO ANYTHING.
THE BUILDINGS THAT ARE THERE EXCEPT FOR THE ONE THAT WAS.
EXCEPT FOR THE ONE THAT WAS DEMOED AND IS BEING BUILT BACK THEY'RE ALREADY EXISTING.
SO NOTHING CHANGES WITH THE PROPERTY.
IT'S JUST BRINGING THE PROPERTY INTO LEGAL CONFORMANCE.
AND I THINK THAT ONE OF HER QUESTIONS WAS HOW IT IMPACTED HER SINCE SHE'S ACROSS THE STREET.
WHAT I DID WRONG, SHE'S IN THE NOTIFICATION ZONE.
CAN YOU HEAR US? I CAN HEAR YOU.
SO MY NAME IS WAYNE SMITH, AND SO I'M WORKING TO PROVIDE SOME ANSWERS TO THE QUESTIONS YOU HAVE.
YOU WERE YOU WERE ASKING HOW IT'S GOING TO IMPACT THE CHURCH.
YEAH, WE WERE TALKING ABOUT THE CHURCH.
HOW WILL THAT AFFECT SAINT JOHN'S BAPTIST CHURCH? SURE. NOTHING WILL CHANGE WITH THE CHURCH ON THAT.
SO WHAT WHAT HAPPENS WHAT WE'RE DOING HERE IS WE'RE BRINGING THE EXISTING STRUCTURES THAT ARE THERE THAT ARE TOO CLOSE TO THE PROPERTY LINE THEY ARE ENCROACHING IN TO THE BUILDING SETBACK LINES.
WE'RE PROVIDING THEM A VARIANCE SO THAT THEY CAN THEY CAN BE PLATTED INTO THAT PROPERTY.
SO THOSE BUILDINGS, THAT'S THAT'S THE ONLY THING THAT'S GOING TO HAPPEN HERE IS THAT THEY WOULD HAVE A VARIANCE THAT AS LONG AS THEY'RE EXISTING, THEY CAN REMAIN THERE.
OKAY. THE OTHER QUESTION YOU HAD IS ABOUT HOW IT IMPACTED YOU ACROSS THE STREET.
AND TO ANSWER THAT QUESTION, THERE'S A NOTIFICATION ZONE 250FT THAT WE HAVE TO NOTIFY PROPERTY OWNERS IN EVERY DIRECTION, EVERY DIRECTION.
AND THAT'S A STATE LAW REQUIREMENT.
ALL RIGHT. WELL, YOU ANSWERED MY QUESTION.
THANKS. SO WHEN WILL ALL OF THIS BE FINALIZED? SO IT CHANGES ONCE THEY ONCE THEY VOTE ON THIS TODAY, THE VARIANCES WILL BE IN PLACE.
AND THEN WE'LL MOVE FORWARD WITH THE PLATTING.
YOU WILL BE NOTIFIED AGAIN DURING THE PLANNING PROCESS THAT THEY'RE PLATTING THEIR PROPERTY.
ALL RIGHT. WELL THANK YOU SO MUCH.
I SURE WILL. THANK YOU SO MUCH.
THANK YOU SIR. I CERTAINLY WILL.
WILL NEED TO TAKE ACTION ON EACH ONE OF THESE AGENDA ITEMS SEPARATELY.
IS THERE ANYONE ELSE MR. CROSS THAT WANTS TO SPEAK ON THIS ITEM IN THE PUBLIC HEARING? YALL WANT TO SPEAK ON IT? IS THERE ANYONE ELSE? WOULD YOU, [INAUDIBLE] ANYONE ELSE WANT TO SPEAK ON THE ITEM?
[00:20:10]
GARNER HAS QUESTIONS.HE'S HERE TO ANSWER QUESTIONS IF ANYBODY HAS ANY QUESTIONS.
BUT I MIGHT ASK A QUICK QUESTION.
THE BUILDING THAT THEY TORE DOWN THAT THEY'RE GOING TO JUST REBUILD.
IT'S GOING TO BE THE SAME SIZE.
IT'S APPROXIMATELY THE SAME SIZE.
TODD GARNER 3721 COVE TIMBER AVENUE, GRANBURY, TEXAS, 76049.
WE ARE THE OWNERS OF HENSON LUMBER.
OUR MAIN FACILITY IS IN CRESSON, TEXAS.
WE PURCHASED DECATUR LUMBER LAST NOVEMBER, SO ALMOST A FULL YEAR AND WE, I GUESS, STARTED GOING THROUGH THE PROCESS. WE DEMOED A BUILDING AND THEN WE WENT TO BUILD ANOTHER ONE, AND WE FOUND OUT THAT THE WHOLE LAND HAS NEVER BEEN PLATTED.
THE BUILDING THAT WILL BE GOING UP WILL BE A STEEL STRUCTURE.
WE'VE I THINK WE'VE EVEN PUT IT IN THE SYSTEM SO YOU HAVE THE PLANS FOR IT.
BUT IT'LL BE MUCH BETTER IF YOU REMEMBER DRIVING PAST THE OLD DECATUR LUMBER.
IT WAS THE OLD SLATS THAT YOU PUT THE WOOD IN THAT WAS FALLING DOWN AND KIND OF A DANGER.
SO IT'S GOING TO LOOK A LOT DIFFERENT.
AND THE SAME SIZE? I'M SORRY. AND THE SAME SIZE? THE SAME SIZE, YES.
ESSENTIALLY THE SAME FOOTPRINT.
THANK YOU. I HAVE NO MORE QUESTIONS. OKAY.
SO WE'RE GOING TO NEED A MOTION FOR APPLICATION 2024-11.
HAVE YOU CLOSED THE PUBLIC HEARING YET? I APOLOGIZE IF I MISSED THAT, BUT I DIDN'T HEAR YOU CLOSE THE PUBLIC HEARING.
PUBLIC HEARING CLOSED AT 4:03.
OKAY. NOW WE NEED A MOTION FOR BOA APPLICATION 2024- 11. I'M HAPPY TO MAKE A MOTION TO APPROVE BOARD OF ADJUSTMENTS APPLICATION 2024-011. DO I HAVE A SECOND? I SECOND.
DO WE HAVE A SECOND? I SECOND.
OKAY. ALL IN FAVOR? AYE. ALL OPPOSED SAME SIGN.
[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 side yards for the property located at 901 E. US Highway 380 Business, 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,” (b), “Minimum Side Yard,” to allow an existing commercial structure, as identified in Attachment 1D of the staff report, to encroach two and eight tenths feet (2.8’) into the required ten foot (10’) side yard setback along the western property line. (BOA Application 2024-12 – Todd Garner, on behalf of G & W Partnership) ]
AME THING FOR BOA 20 BOA APPLICATION 2024-12.YES, SIR. I MAKE A MOTION TO GRANT BOA APPLICATION 2024-12.
AYE. ALL OPPOSED? OKAY, WE'RE ON TO BOA APPLICATION 2024-13.
[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 side yards for the property located at 901 E. US Highway 380 Business, 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,” (b), “Minimum Side Yard,” to allow an existing metal storage building, as identified in Attachment 1D of the staff report, to encroach four feet (4’) into the required ten foot (10’) side yard setback along the western property line. (BOA Application 2024-13 – Todd Garner, on behalf of G & W Partnership) ]
I MOVE THAT WE ACCEPT THE PROVISIONS UNDER -13 AND SECOND.ON TO BOA APPLICATION 2024-14.
[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 located at 901 E. US Highway 380 Business, 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 1D of the staff report, to encroach fifteen and one tenth feet (15.1’) into the required twenty-five foot (25’) front yard setback along north FM 51. (BOA Application 2024-14 – Todd Garner, on behalf of G & W Partnership) ]
I MAKE A MOTION THAT WE ACCEPT BOA APPLICATION 2024-14.AYE. OPPOSED WITH THE SAME SIGN.
[ITEM 6: 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 located at 901 E. US Highway 380 Business, 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 a new commercial structure, as identified in Attachment 1D of the staff report, to encroach thirteen and nine tenths feet (13.9’) into the required twenty-five foot (25’) front yard setback along east US Highway 380 Business. (BOA Application 2024-15 – Todd Garner, on behalf of G & W Partnership) ]
ON TO BOA APPLICATION 2024-15.I MOVE THAT WE APPROVE MOTION FOR BOA 2024-15 AND I WILL SECOND.
WE HAVE A MOTION AND A SECOND.
AYE. ALL OPPOSED WITH THE SAME SIGN.
ON TO BOA APPLICATION 2024-16.
[ITEM 7: 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 side yards for the property identified as Lot 4, Block 26, Original Decatur Addition and more commonly referred to as 406 North Church 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,” B, “Side Yard - to allow the existing detached garage and new 2nd floor accessory dwelling unit, as identified in Attachment 1D of the staff report, to encroach three and one tenth feet (3.1’) into the required ten foot (10’) side yard setback along the east Ash Street. (BOA Application 2024-16 – Brendan Mitchell) ]
ALL RIGHT. SO THIS IS PART OF THIS? I'M SORRY. ARE WE STILL ON THIS ONE? 16. 16 YES.OKAY. NEED A MOTION FOR BOA APPLICATION 2024? NO, THIS IS A THIS IS A SEPARATE.
YES. SO WE'RE THROUGH WITH THAT ONE.
WE'RE DONE WITH WE'RE DONE WITH THE THE HENSON LUMBER NOW.
[00:25:11]
SO AGENDA ITEM NUMBER SEVEN SEVEN.OKAY, SO IT'S 406 NORTH CHURCH.
IT'S A SIDE YARD ENCROACHMENT.
AND THIS IS BRENDAN MITCHELL'S REQUEST ON FOR A SPECIAL EXCEPTION FOR AN ENCROACHMENT.
THE EXISTING DETACHED GARAGE AND NEW SECOND FLOOR ACCESSORY DWELLING UNIT TO ENCROACH 3 AND 1/10 FEET INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK ALONG EAST ASH AVENUE.
AND WE DID NOTIFY 19 PROPERTY OWNERS I RECEIVED ONE RESPONSE IN FAVOR OF AND ONE NEUTRAL FROM THOSE 19 PROPERTY OWNERS.
YOU CAN SEE THE NOTIFICATION MAP AND STRUCTURE THAT WE'RE SPEAKING OF RIGHT HERE.
AND ALONG ASH AVENUE YOU CAN SEE THE EXISTING GARAGE THAT ENCROACHES INTO THAT SIDE YARD SETBACK.
AND THAT'S WHAT WE'RE LOOKING TO GET THE SPECIAL EXCEPTION FOR.
AND THE REQUEST FOR SPECIAL EXCEPTIONS DO NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.
THE PROPERTY OWNER IS IN AN IN THE PROCESS OF REPLATTING HIS PROPERTY TO ADDRESS THE FRONT YARD SETBACK ENCROACHMENTS ALONG EAST ASH STREET. ZONING REGULATIONS WERE AMENDED IN 2015 AND REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE A PERMIT CAN BE ISSUED.
THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREA, SHAPE, TOPOGRAPHY, OR PHYSICAL FEATURES THAT EXIST THAT ARE PECULIAR TO THE SUBJECT PROPERTY AND NOT APPLICABLE TO OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT.
THERE IS WANTING TO ADD AN ACCESSORY DWELLING UNIT ABOVE THE DETACHED GARAGE, AND THE PROPERTY OWNER IS ALSO REPLATTING THE PROPERTY TO ADDRESS THAT FRONT YARD. SETBACK ENCROACHMENT ALONG EAST ASH AVENUE.
BY UTILIZING 711F, WHICH ALLOWS A CORNER LOT TO USE ONE OF THE FRONT YARD SETBACKS AS A SIDE YARD, PER THE MUNICIPAL CODE. THE REDUCED BUILDING SETBACKS DO NOT APPEAR TO BE UNCOMMON AN UNCOMMON PHENOMENON, OR A CONDITION THAT ADVERSELY AFFECTS THE SURROUNDING NEIGHBORS. THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTIONS.
THE EXISTING DETACHED GARAGE HAS BEEN IN EXISTENCE SINCE 1935 PER WISE COUNTY APPRAISAL DISTRICT, AND THE NEW SECOND FLOOR ACCESSORY DWELLING UNIT WILL BE LOCATED ABOVE THE EXISTING DETACHED GARAGE STRUCTURE.
THE INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT, THAT COMPLY WITH THE SAME PROVISIONS.
THE EXISTING DETACHED GARAGE HAS BEEN IN ITS CURRENT CONFIGURATION FOR 89 YEARS, WITH NO COMPLAINTS BY THE SURROUNDING PROPERTY OWNERS, AND THE APPLICANT PURCHASED THE PROPERTY UNAWARE OF THE ENCROACHMENT ISSUE, AND HE'S ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS BUT FOR THE ENCROACHMENT OF THE EXISTING DETACHED GARAGE AND PROPOSED SECOND FLOOR ACCESSORY DWELLING UNIT.
THE MEMO FROM THE CITY ENGINEER REITERATES THAT THE GARAGE HAS BEEN IN EXISTENCE SINCE 1935, AND CAUSES NO ISSUE WITH TRAFFIC OR NEIGHBORING PROPERTIES.
THERE IS A PICTURE OF THAT GARAGE.
WE WILL NEED TO OPEN A PUBLIC HEARING AND SEE IF ANYBODY HAS ANY INPUT TO THIS.
OKAY. PUBLIC HEARING IS OPEN AT 4:12.
[00:30:02]
ANY QUESTIONS? DO WE HAVE ANYBODY ONLINE THAT WANTS TO ADDRESS THIS? DOES ANYBODY IN THE AUDIENCE.ALL RIGHT. MY QUESTION WOULD BE THAT GARAGE DOES LOOK A BIT DATED.
AND I WOULD IMAGINE IF YOU'RE PUTTING A SECOND STORY ON THAT GARAGE, THE BOTTOM LAYER WOULD HAVE TO BE UPDATED IN SOME WAY TO SUPPORT ANOTHER STORY. AS LONG AS THE BOTTOM LAYER ISN'T EXPANDING ANY, I DON'T SEE A PROBLEM WITH IT.
ABSOLUTELY, AND THAT WILL BE TAKEN CARE OF IN THE BUILDING PERMITTING PORTION OF THIS.
HE HAS ALREADY ENGAGED AN ENGINEER TO UPDATE THE FOUNDATION AND FRAMING FOR THIS.
WITHOUT EXPANDING THE FOOTPRINT OF THE BUILDING.
OKAY. THAT IS KIND OF MY QUESTION.
SO IF YOU HAVE TO EXPAND THE BUILDING AND THEN GO UP, THEN DO WE RENOTIFIED THE AREA RESIDENTS.
IN THIS SPECIAL EXCEPTION WOULD ONLY BE FOR THE EXISTING ENCROACHING STRUCTURE.
IF HE EXPANDS THAT, IT WOULD IT WOULD NOT BE THE SAME IF HE DEMOS THAT BUILDING IT WOULD IT WOULD ALSO DO AWAY WITH THE WITH THE SPECIAL EXCEPTION THAT'S THERE.
AND WE'VE WE'VE TALKED TO THE PROPERTY OWNER ON THIS.
HE SAID THAT HE HAS ENGAGED HIS ENGINEER AND THAT THEY ARE AWARE THAT THE BUILDING CANNOT BE DEMOED, THAT IT HAS TO BE BUILT BACK IN PLACE.
OKAY. I HAVE NO OTHER QUESTIONS.
YOU HAVE TO CLOSE IT, YES, SIR.
PUBLIC HEARING IS OVER AT 4:14.
DO WE NEED TO TAKE ITEM ACTION ON ITEM SEVEN? POSTPONE. BASED ON WHAT WAS PRESENTED HERE, I WOULD MAKE A MOTION TO APPROVE 24 20 24-16.
OKAY. I HAVE A MOTION AND A SECOND.
ALL RIGHT. SO WE DO HAVE TWO CASES THAT ARE ON THIS PROPERTY.
[Items 8 & 9 ]
THIS IS AN APPLICATION FROM MR. AND MRS. GREG LLOYD TO REQUEST SETBACK ENCROACHMENT SPECIAL EXCEPTION ALLOWING EXISTING RESIDENTIAL STRUCTURE TO ENCROACH 8 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG NORTH CHURCH STREET AND THE EXISTING DETACHED ACCESSORY STRUCTURE, AND A NEW CARPORT TO ENCROACH 5 AND 6/10 FEET INTO THE REQUIRED 10 FOOT REAR YARD SETBACK ALONG THE WESTERN PROPERTY LINE.YOU SEE, WE NOTIFIED 27 PROPERTY OWNERS FOR THIS PROPERTY AND RECEIVED TWO RESPONSES, ONE IN FAVOR OF AND ONE NEUTRAL TO.
YOU ALSO SEE THE PROPERTY MAP ON THE LEFT HAND SIDE SHOWING THE ENCROACHMENT OF IN THE FRONT YARD SETBACK AND THE REAR YARD SETBACK.
AND THERE'S THE PICTURES FOR THIS.
THE PHOTO PHOTO EXHIBIT THREE F LOOKING WEST.
THAT IS THE FRONT OF THE PROPERTY WHERE IT ENCROACHES INTO THE FRONT YARD SETBACK.
AND THEN PHOTO EXHIBIT THREE E IS AT THE REAR OF THE PROPERTY, AND SHOWS THE ACCESSORY STRUCTURE THAT'S THERE, ALONG WITH WHERE THEY WERE WANTING TO PUT A CARPORT IN THAT AREA.
THE REQUEST REQUESTED VARIANCES DO NOT VIOLATE THE INTENT OR SPIRIT OF THE ORDINANCE.
[00:35:07]
THE EXISTING RESIDENTIAL STRUCTURE AND DETACHED ACCESSORY BUILDING HAVE BEEN IN EXISTENCE SINCE 1935 PER WISE COUNTY APPRAISAL DISTRICT.REDUCED SETBACKS FOR THE EXISTING STRUCTURES DO NOT APPEAR TO ADVERSELY IMPACT THE SURROUNDING PROPERTY OWNERS, AND ZONING REGULATIONS WERE AMENDED IN 2015, AND REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE A PERMIT CAN BE ISSUED.
THE EXISTING RESIDENTIAL STRUCTURE AND DETACHED ACCESSORY BUILDING HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATION FOR NEARLY 90 YEARS, AND PRIOR TO THE LLOYDS PURCHASE OF THE PROPERTY IN DECEMBER OF 2020.
THE LLOYDS ARE SEEKING TO BRING THE PROPERTY INTO COMPLIANCE SO THAT THEY CAN BUILD A NEW CARPORT.
THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTIONS.
THE LLOYDS PURCHASED THE PROPERTY IN DECEMBER OF 2020, AND THE INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE SAME ZONING DISTRICT THAT COMPLY WITH THE SAME PROVISIONS.
AGAIN, THEY'VE BEEN IN THE SAME CONFIGURATION AND LOCATION FOR NEARLY 90 YEARS, NOT RECEIVED ANY COMPLAINTS FROM ADJACENT PROPERTY OWNERS, AND THE APPLICANT IS ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS.
CITY ENGINEER'S COMMENTS, THE DETACHED GARAGE HAS EXISTED SINCE 1935, AS BEST WE CAN TELL SO HAS THE FRONT YARD ENCROACHMENT WITH THE PORCH.
AND THAT'S ALL THERE IS ON THAT.
WE'LL HAVE TO VOTE ON EACH ONE OF THOSE INDIVIDUALLY.
OKAY. WE'LL HAVE TO HAVE A PUBLIC HEARING.
OKAY. OPEN PUBLIC HEARING AT 4:19.
ANY QUESTIONS? DO WE HAVE ANYONE ONLINE? MR. LLOYD IS ONLINE.
MR. LLOYD, THE PROPERTY OWNER, IS ONLINE.
DOES HE HAVE ANY COMMENTS? [INAUDIBLE] WE WERE JUST TRYING TO BUILD SOMETHING TO PROTECT OUR VEHICLES OVER THE DRIVEWAY THAT MATCHES THE HOUSE. NOTHING CHEAP.
AND WE'RE IN THE EXPLORATORY STAGES RIGHT NOW.
I DON'T KNOW HOW MUCH IT'S GOING TO COST OR ANYTHING, BUT THAT'S KIND OF WHERE WE'RE AT ON THERE.
WE'RE JUST, YOU KNOW, IT'S JUST A SIMPLE LITTLE STRUCTURE TO PROTECT THE CARS.
OKAY. ANYONE IN THE AUDIENCE THAT WANTS TO SPEAK.
OKAY. CAN WE GO BACK TO THAT PICTURE JUST TO SEE WHERE THE NEW GARAGE WOULD BE OR THE CARPORT? EXCUSE ME.
SORRY. I THINK WE'RE BOTH TRYING TO.
IT'S JUST GOING TO BE OVER THE EXISTING DRIVEWAY? YES. YEAH.
ALL RIGHT. THAT MEANS IT MEETS WITH ANY SETBACKS SO WE WOULD HAVE A PROBLEM WITH THEN WE'RE COVERED THERE RIGHT? NOW. I'M SORRY. SAY THAT AGAIN.
I SAID IT WOULD MEET WITH ANY KIND OF A SETBACK FROM THE STREET.
FROM THE STREET? YES. YES. OKAY.
THEY'RE GOING TO REPLAT THE PROPERTY AS ONE LOT.
AND AT THAT TIME, IT WOULD BE PLATTED AS A SIDE YARD.
OKAY. ANY FURTHER QUESTIONS? PUBLIC HEARING IS CLOSED AT 4:21.
I WOULD TAKE A MOTION, I MOVE, WE APPROVE BOA APPLICATION 2023-17.
WE HAVE A MOTION AND A SECOND.
[00:40:02]
AYE. ALL OPPOSED SAME SIGN.WE WOULD ACCEPT A MOTION FOR APPROVAL FOR BOA APPLICATION 2024-18.
I MAKE A MOTION THAT WE ACCEPT THE BOA APPLICATION 2024-18.
MOTION'S BEEN MADE AND SECONDED.
SO, AGENDA ITEM SIX NEW AND FUTURE BUSINESS.
[ITEM 10: New and/or future business items. a. As of agenda posting, the November 18, 2024, meeting currently has no (0) BOA Planning application. Application submittal deadline was Monday, October 21, 2024, by 5 p.m. ]
AS OF THE POSTING, THE NOVEMBER 18TH, 2024 MEETING CURRENTLY HAS ONE BOA PLANNING APPLICATION.THE APPLICATION SUBMITTAL DEADLINE WAS MONDAY, OCTOBER 21ST, 2024 AT 5 P.M.
ADAM, WHICH WHICH ITEM DID YOU SAY THAT WAS WELL, I SAID ITEM SIX, BUT THAT'S NOT SIX.
SOUNDS BETTER. LET ME FIX THAT.
YOU'RE NOT SUPPOSED TO CONFUSE AN OLD PERSON.
WE'RE CONFUSED ENOUGH AS IT IS.
OKAY, WHAT DO WE NEED TO DO HERE? SPEAKING FOR YOURSELF.
I AM CERTAINLY SPEAKING FOR MYSELF.
THAT'S THE END OF YOUR AGENDA.
YOU CAN STAY AND VISIT AS LONG AS YOU WANT, I GUESS.
OKAY. MR. CROSS, DO YOU JUST WANT TO ADJOURN AND ANNOUNCE THE TIME? WE'LL ADJOURN AT 4:23.
THANK YOU FOR YOUR PARTICIPATION.
* This transcript was compiled from uncorrected Closed Captioning.