Jan 22, 2025 Special Zoning Board of Adjustment

FROM THAT KITCHEN HERE AT HOME. ALL RIGHT. WELL, NOW THAT WE'RE IN THE PRESENCE OF THE DANNY CROSS,

[Call to Order]

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PLEASE PROVIDE YOUR NAME ADDRESS IN THE AGENDA ITEM NUMBER.

AND SO WE BEGIN WITH ITEM ONE ON THE AGENDA, WHICH IS COMPOSED OF THREE PARTS THREE REQUESTS FOR SPECIAL EXCEPTIONS

[ITEM 1: (BOA Application 2024-25 – Carol Ann Carson, applicant) Consider and take action on a request for three special exceptions to the City of Decatur Code of Ordinances at the location of 204 S Stratton Street, Decatur, Texas, as follows: A. Appendix B, “Zoning,” Article 5, “Zoning Districts,” Section 5.1, “Zoning Districts Established,” Subsection 5.1.3, “SF-2, Single Family Residential District,” D, “Area Regulations,” (1), “Size of Yards,” (b), “Minimum Side Yard,” to reduce the required side yard setback for an existing residential structure to five (5) feet, instead of six and one-half (6.5) feet. B. Section 5.1, “Zoning Districts Established,” Subsection 5.1.3, “SF-2, Single Family Residential District,” D, “Area Regulations,” 2 “Size of Lots,” (c) “Minimum Lot Depth,” to allow the newly formed lot, as identified in Attachment 3B of the staff report, be developed outside of the minimum depth (70’) requirements of the SF-2 residential lot dimensions. C. Article 7 “Development Standards,” Subsection 7.6.2 “Accessory Buildings and Structures in Residential Districts,” (B) Side Yard, to reduce the required side yard setback for an existing air conditioning compressor to one (1) foot, instead of six and five tenths feet (6.5’), as identified in Attachment 3B of the staff report.]

BE A SPECIAL EXCEPTION TO ALLOW THE NEWLY FORMED LOT TO BE DEVELOPED OUTSIDE OF THE MINIMUM DEPTH, WHICH IS 70FT. REQUIREMENTS OF THE SF TWO RESIDENTIAL LOT DIMENSIONS IN C.

THE SPECIAL EXCEPTION TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR AN EXISTING AIR CONDITIONING COMPRESSOR TO ONE FOOT INSTEAD OF 6.5FT.

AND WE'LL ASK LISA TO GIVE US THE REPORT. GOOD AFTERNOON, LISA HANNON, SENIOR PLANNER.

I'D LIKE TO ENTER OUR STAFF REPORT INTO THE RECORD BY REFERENCE IN ITS ENTIRETY.

SO AS STATED, THERE'S THREE SECTIONS TO THE SPECIAL EXCEPTION REQUEST.

THE FIRST ONE IS THE SIDE YARD SETBACK FOR THE EXISTING STRUCTURE.

I BELIEVE IT'S THE GARAGE SIDE. IT WILL ENCROACH 1.5FT INTO THE REQUIRED 6.5FT SIDE YARD SETBACK.

IT'S SETBACK AT FIVE FEET. THE SECOND REQUEST IS THIS HAS GONE THROUGH THE REPLANNING TO DO A NEWLY FORMED LOT ON THE BACK SIDE OF THIS PROPERTY, BASICALLY SPLITTING THE LOT INTO.

AND THAT LOT WILL HAVE A DEPTH OF 65.05FT INSTEAD OF 70, AS REQUIRED BY THE ZONING CODE.

AND THE THIRD IS THE EXISTING AIR CONDITIONER COMPRESSOR AS IDENTIFIED IN THE ATTACHMENT, IT ENCROACHES 5.5FT INTO THE SETBACK, HAS A ONE FOOT SIDE YARD SETBACK INSTEAD OF THE 6.5FT SIDE YARD SETBACK IS REQUIRED.

IT IS IDENTIFIED AS 204 SOUTH STRATTON STREET.

LOT TEN OUR BLOCK J MRS. E O KATE'S ADDITION.

SO THIS SHOWS MAP EXHIBITS OF THE ENCROACHMENTS.

AND THE PROPERTY OWNER NOTIFICATION MAP. WE DID RECEIVE ONE PROPERTY OWNER IN FAVOR OF THE SPECIAL EXCEPTION REQUEST.

ALL THREE OF THEM. AND THE SPECIAL EXCEPTION REQUEST DO NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.

IT'S A REDUCTION IN SIDE YARD SETBACKS AND LOT DEPTH DON'T APPEAR TO IMPACT ANY OF THE SURROUNDING PROPERTY OWNERS ADVERSELY.

THE ZONING REGULATIONS WERE AMENDED IN 2015 AND REQUIRE ALL APPLICABLE CITY ORDINANCES TO BE ADHERED TO BEFORE A PERMIT CAN BE ISSUED.

PER SUBSECTION 7.1.1 A PARENT TWO A SPECIAL EXCEPTION CAN BE GRANTED FOR THE LOT TO MEET THE DEPTH REQUIREMENTS FOR FOR THE NEWLY FORMED LOT. THEIR SPECIAL CONDITIONS OF THE RESTRICTED AREA, SHAPE AND TOPOGRAPHY, PHYSICAL CONDITIONS BY CREATING THE NEW LOT IS WHERE WE'RE GETTING INTO SOME OF THE REQUIREMENTS FOR THE SPECIAL EXCEPTION.

AND THE REPLANNING SHOWS THE NON-CONFORMING, THE EXISTING NON-CONFORMING STRUCTURES.

SO WE'RE TRYING TO BRING IT INTO CONFORMANCE WITH THESE SPECIAL EXCEPTIONS.

AND THE INTERPRETATION OF THE PROVISIONS COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHERS.

IF WE DON'T GRANT THE SPECIAL EXCEPTIONS TO SORT OF CLEAN UP THE PROPERTY AND THE LIKE JUST STATED, BRINGING IT INTO COMPLIANCE WITH THE CITY REGULATIONS.

THE PLANNING AND ZONING BOARD APPROVED THE REPLANT CONTINGENT UPON THE SPECIAL EXCEPTIONS BEING GRANTED BY THE BOARD OF ADJUSTMENTS 6 TO 0,

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THE CITY ENGINEER STATED THAT THE STRUCTURE DOES NOT ENCROACH INTO THE EASEMENT.

THE AIR CONDITIONER COMPRESSOR IS CONSIDERED NONPERMANENT STRUCTURE.

IT COULD EASILY BE MOVED IF SOMETHING NEEDED TO BE DONE IN THE EASEMENT.

THERE'S SOME PHOTOS OF THE PROPERTY AND THE VACANT LOT AND OOPS, WRONG WAY.

SORRY ABOUT THAT. SO AND STAFF RECOMMENDS APPROVAL OF THE THREE SPECIAL EXCEPTION REQUESTS.

LET ME ASK YOU, THIS SEEMS TO BE A LITTLE BIT OF A CHANGE IN OUR PROCEDURE.

SO WOULD THIS HAVE BEEN THREE ITEMS ON AN AGENDA IN THE PAST? IT WOULD HAVE BEEN THREE ITEMS ON AN AGENDA ON THE IN THE PAST.

WHEN THE APPLICANT CAME AND MET WITH STAFF. ANOTHER STAFF MEMBER.

TWO OF THE REQUESTS TO THE SPECIAL EXCEPTIONS WERE NOT NOTED AT THAT TIME.

SO WHEN SHE APPLIED FOR THE SPECIAL EXCEPTION AND THEN WE RECEIVED A SURVEY AFTERWARDS, THEN WE DISCOVERED TWO MORE SPECIAL EXCEPTIONS WERE NEEDED. IN ESSENCE, OF TRYING TO BE MORE HELPFUL, MORE CUSTOMER SERVICE ORIENTED, WE SAID WE WOULD PUT IT ALL ON ONE APPLICATION, AND THE CITY ATTORNEY AGREED THAT WE COULD DO THAT WITH THIS APPLICATION.

CAN WE DO THIS FROM NOW ON? IT SEEMS TO STREAMLINE THE PROCESS.

YOU CERTAINLY CAN. WE WERE JUST TALKING ABOUT THAT, AND I WAS ENCOURAGING STAFF TO MAKE A RECOMMENDATION TO THE CITY MANAGER ON THE BEST FORMAT. WHATEVER'S GOING TO BE THE MOST ORGANIZED WAY TO PROCEED, BUT THIS CERTAINLY IS APPROPRIATE.

IT'S FINE IF YOU WANT TO MAKE THAT RECOMMENDATION THAT YOU'D LIKE TO SEE IT THIS WAY.

AND WE STILL COULD APPROVE 1 OR 2 WITHOUT APPROVING ALL THREE.

THAT'S CORRECT. I JUST THINK IT'S ALWAYS ONE STAFF REPORT.

IT ALLOWS US TO TAKE ACTION ONE TIME. POSSIBLY.

I LIKE IT. I APPRECIATE YOU ALL DOING IT. I THINK IT'S GOOD.

SO I NEED TO OPEN, I GUESS, MAYBE OPEN AND CLOSE THE PUBLIC HEARING AT 359 349.

I CAN'T TELL THE TIME. AND THEN AND JUST CALL AND MAKE SURE THERE ARE NO.

OH, YES. I'M SORRY. SO ARE THERE ANY ONLINE THAT WOULD LIKE TO COMMENT? HEARING NONE. NOW, WE'LL CLOSE THE PUBLIC HEARING AT 349.

OKAY. SO LET ME ASK YOU A COUPLE OF QUESTIONS IF IT'S ALL RIGHT.

SO WITH REGARD TO SECTION A IS THERE PART OF THE GARAGE THAT IS IN THE 6.5FT. SIDE YARD SETBACK. YES, THERE'S ONE. ONE.

I BELIEVE IT'S ONE OR 1.5FT THAT IT. IT'S SET.

IT IS SET BACK. THE GARAGE IS SET BACK AT FIVE FEET INSTEAD OF 6.5FT.

OKAY. WELL, EARL HAD MENTIONED THAT THERE WAS NO STRUCTURE IN THE EASEMENT IN THE SETBACK.

IT'S HE MAY BE TALKING ABOUT SOMETHING ENCROACHING INTO THE ACTUAL EASEMENT ITSELF OR ANY TYPE OF AND I CAN ASK EARL TO.

IT'S NOT IN THE EASEMENT. THERE'S A FIVE FOOT EASEMENT.

DRAINAGE UTILITY EASEMENT. OKAY. RIGHT. YES. OKAY, I UNDERSTAND NOW.

AND THEN MY SECOND QUESTION IS, IS THIS SO THE ORIGINAL LOT IS ALL 65FT DEEP.

IS THAT CORRECT? OKAY. THE ORIGINAL LOT ENCOMPASSES BOTH ITS TWO FRONTAGES IN IT.

SO IT WOULD BE TWO FRONTAGES. SO THE DEPTH WOULD HAVE BEEN CONFORMING BY SPLITTING THE LOT.

IT MAKES THE NEWLY FORMED LOT ONLY 65.05FT DEEP INSTEAD OF SEVEN.

SO YOU'VE REORIENTED THE LOT, RIGHT? BECAUSE THEN IT'S JUST GOING TO HAVE ONE STRAIGHT FRONT AND ONE SIDE THERE.

GOT IT. GOT IT. BUT NOW YOU HAVE TWO LOTS THAT WILL.

WELL, LET ME ASK YOU THIS. HOW DEEP WILL THAT CORNER LOT BE NOW? IS IT STILL AT LEAST 70FT? IT'S GOING TO BE OVER 70FT.

YES. OKAY. YES. OKAY. YOU ALL HAVE ANY COMMENTS OR QUESTIONS? WELL, THEN I WILL ENTERTAIN A MOTION TO LET ME LET ME MAKE A RECOMMENDATION THAT YOU DO TAKE THE ITEM SEPARATELY FOR YOUR MOTIONS.

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SO WE ARE IT LOOKS LIKE WE ARE TALKING ABOUT A SPECIAL EXCEPTION TO REDUCE THE SIDE YARD SETBACK FOR THE GARAGE. TYPICALLY, WE HAVE MADE AN EXCEPTION FOR THE EXISTING STRUCTURE, NOT REDUCED THE. WE'VE ALLOWED THE STRUCTURE TO BE IN THE SETBACK, BUT WE HAVEN'T CHANGED THE SETBACK.

SO IN THE EVENT THEY TORE THE HOUSE DOWN, WE WOULD NOT HAVE CHANGED THIS SETBACK.

RIGHT. YOU'RE NOT CHANGING THE SETBACK. YOU'RE ALLOWING THE ENCROACHMENT TO CONTINUE.

MY INTERPRETATION AND MISS PAM, CORRECT ME IF I'M INCORRECT THAT THE EXISTING STRUCTURE CAN REMAIN WITH THE SPECIAL EXCEPTION.

IF IT WERE TO BE DEMOLISHED OR DESTROYED MORE THAN 50% WHEN IT'S REBUILT, IT WOULD HAVE TO ADHERE TO THE CODE AS WRITTEN AND ADOPTED AT THE TIME OF RECONSTRUCTION.

OKAY, THAT'S HOW WE'VE TYPICALLY TAKEN ACTION ON IT.

JUST THE WAY IT WAS WORDED MADE ME THINK WE WERE TALKING ABOUT SOMETHING DIFFERENT.

OKAY, OKAY, I'VE GOT A QUESTION ON THE SCREEN.

WE HAVE 20, 24, 26 IN THE PRINTED COPY. IT'S SBA APPLICATION 20 2425.

I'M SO GLAD YOU SAW THAT. WE NEED TO MAKE SURE IT'S CORRECT.

THANK YOU DANNY. THAT'S WHY HE'S BOARD MEMBER OF THE YEAR RIGHT THERE.

PLEASE GIVE ME A BREAK. YOU'RE GOING TO BE OKAY.

ALL RIGHT, WELL, THEN WE WOULD LET LISA FIGURE THAT OUT FOR A MOMENT.

OH. I'M SORRY. WHAT'S THE RIGHT NUMBER? YEAH, THE RIGHT NUMBER IS BOA 20 2426.

THAT IS A TYPO ON MY PART. NOT ON THE AGENDA, BUT IT WAS ADVERTISED CORRECTLY.

SO 26 IS 26 IS CORRECT? YES. OKAY, THAT'S MY MISTAKE, I APOLOGIZE.

ALL RIGHT, NO PROBLEM. ALL RIGHT, THEN I WILL CONSIDER A MOTION FOR BOA 20 2420 6AI MAKE A MOTION THAT WE APPROVE. APPROVE. BOA 24 2024 DASH 26.

AYE. ALL RIGHT. WE HAVE A MOTION FROM MRS. ESTRADA PERDUE.

SECOND FROM MR. CROSS. ALL THOSE IN FAVOR, SAY AYE.

AYE, AYE. ANY OPPOSED? ALL RIGHT. SECTION A IS APPROVED.

BOA 20 2426, SECTION B. I'LL ENTERTAIN A MOTION TO MAKE A MOTION TO APPROVE.

SECTION. 26. SECOND, WE HAVE A MOTION FROM MR. CROSS. SECOND FROM MR. CHANDLER. ALL THOSE IN FAVOR SAY AYE.

AYE AYE AYE. ANY OPPOSED? ALL RIGHT. THAT MOTION PASSES.

AND FINALLY, BOA 20 2426, SECTION C. I'LL ENTERTAIN A MOTION.

I MAKE A MOTION THAT WE APPROVE. BOA BOA 20 2426, ITEM C.

ALL RIGHT. WE HAVE A MOTION FROM MISS ESTRADA PERDUE.

A SECOND, SECOND. SECOND FROM MR. CHANDLER. ALL THOSE IN FAVOR SAY AYE.

AYE. MEAN, HE OPPOSED. ALL RIGHT. ITEM C, SECTION C.

WHAT DO WE CALL THESE LISA. WHAT DO WE CALL THESE DIFFERENT PIECES OF THIS A B AND C ARE FINE RIGHT NOW.

THAT'S ALL RIGHT. THAT'LL WORK. C IS APPROVED.

ALL RIGHT. THANK YOU. WE'RE MOVING ON TO ITEM TWO, WHICH IS ANY NEW BUSINESS.

[ITEM 2: New and/or future business items. a. As of agenda posting, January 17, 2025, the meeting currently has no (0) BOA Planning applications. The application deadline was Tuesday, January 21, 2025, by 5 p.m. (The meeting will be an in-person meeting with potential virtual attendance of staff and members of the public unless otherwise determined.)]

COME IN BY 5 P.M. YESTERDAY. SO WE HAVE NOTHING FOR NEXT MONTH.

SO WE GET FEBRUARY OFF. NO, GET FEBRUARY OFF.

WONDERFUL. ALL RIGHT. PLEASE SEND ME A MEMO. YOU NEED TO WORK.

YES. THAT'S RIGHT. ALL RIGHT. WELL, WE STAND ADJOURNED AT 355.

THANK YOU ALL VERY MUCH FOR FILLING IN. MONEY.

EASY MONEY. THAT'S RIGHT.

* This transcript was compiled from uncorrected Closed Captioning.