Mar 17, 2025 Zoning Board of Adjustment

GOT EVERYBODY HERE. SO, WE WILL CALL THIS MEETING TO ORDER AT 3:30 P.M.

[Call to Order]

[00:00:08]

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 A 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 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 PLANNING AT DECATUR.ORG BEFORE AND DURING THE MEETING.

PLEASE PROVIDE YOUR NAME, ADDRESS AND THE AGENDA ITEM NUMBER.

AND OUR FIRST ITEM HAS TO DO WITH THE REQUEST BY TRINA ZEISS ON BEHALF OF WISE COUNTY.

[ITEM 1: BOA-25-0001 – A request by Trina Zais, Authorized Agent for Wise County, Judge JD Clark, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.6, “Variances,” regarding a front yard for the property located at 300 N Trinity Street, 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 5.1.9, “C-1, Restricted Business District,” D., “Area Regulations,” (1), “Size of Yards,” (a), “Minimum Front Yard,” to allow a new commercial structure, as identified in Attachment 2A of the staff report, to encroach approximately five (5) +/- feet into the required twenty-five (25) foot setback along Trinity Street, a.k.a. FM 730.]

AT THIS TIME. GOOD AFTERNOON, COMMISSIONERS. I THINK THAT'S GOING TO PUT DANNY CROSS AS THE ACTING CHAIR OF THIS, WOULD LIKE TO PUT THAT IN FOR RECORD ON THIS.

ARE YOU OKAY WITH THAT, DANNY? OKAY. SO THE FIRST ITEM IS A VARIANCE REQUEST FOR 300 NORTH TRINITY, WHICH IS WISE COUNTY, AND THE WISE COUNTY AREA RELIEF MISSION, WHICH IS WARM.

THIS IS FOR A NEW CONSTRUCTION BUILDING. THEY ARE REQUESTING A VARIANCE FOR THE FRONT YARD SETBACK ALONG TRINITY STREET.

ONE THING WE'D LIKE TO ENTER A COPY. A COPY OF THE STAFF REPORT INTO THE RECORD BY REFERENCE.

SOME OF THE FINDINGS THAT WE HAVE WITH THIS PROPERTY IS THAT IT WAS REPLANTED EARLY OR LATE IN 2024 AND APPROVED ON JANUARY 13TH, 2025. AND IT WAS ALSO PARTIALLY A PORTION OF THE PROPERTY WAS REZONED AS COMMERCIAL ON JANUARY 27TH, 2025, AND A SPECIFIC USE PERMIT FOR A PHILANTHROPIC USE WAS APPROVED ON JANUARY 27TH, 2025. WISE COUNTY DOES OWN THE BUILDING AND THE PROPERTY.

WARM HAS OPERATED THERE SINCE 1998. WARM, WISE COUNTY AND THE CITY OF DECATUR HAVE ENTERED INTO A PARTNERSHIP WITH THIS NEW BUILDING AND A PUBLIC PARKING LOT THAT WILL BE USED ALONG THERE ALSO.

AS FAR AS THE VARIANCE IS CONCERNED, THE CONCLUSIONS FOR THIS WITH THE LEGALITY IS ALLOWED BY TEXAS LOCAL GOVERNMENT CODE, WHICH AUTHORIZES VARIATIONS AND THE DECIDING FACTORS.

THE BOARD MAY APPROVE AS LONG AS THE CRITERIA OF THE STATE LAW IS MET.

THE VARIANCE IS NEEDED DUE TO THE LOCATION OF THE BUILDING ON THE PROPERTY AND THE AMENITIES THAT THEY'RE GOING TO BE PROVIDING ALONG WITH THIS BUILDING, WHICH WILL INCLUDE A TRUCK DOCK, ADDITIONAL PARKING SPACES IN THE DOWNTOWN AREA, AND ALLOWING ACCESS TO FIRE LANES AND ACCESS FOR FIREFIGHTING MANEUVERABILITY. 47 PROPERTY OWNERS WERE NOTIFIED OF THIS VARIANCE REQUEST FROM WARM.

WE DID NOT RECEIVE ANY RESPONSES FROM THOSE NOTIFICATIONS.

THE DEVELOPMENT SERVICES STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST.

DO YOU HAVE ANY QUESTIONS? ABOUT THE OLD BUILDING AND MAKE THAT INTO A PARKING LOT? YES, THEY ARE AVAILABLE DOWNTOWN. YES. SO THIS IS THE SITE PLAN THAT THEY'VE PROVIDED FOR US

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BUT THERE IS A LOADING DOCK THAT IS ON THE NORTH SIDE OF THAT BUILDING.

THEY DO HAVE A RENDERING OF WHAT THEY'RE EXPECTING THIS TO LOOK LIKE.

YOU MENTIONED IN THE PREVIOUS SLIDE, FIRE LANE ACCESS.

CAN YOU ELABORATE A LITTLE BIT ON THAT? SO IT'S MORE FOR FIREFIGHTING MANEUVERABILITY? WE HAD A MEETING ON THIS JUST RECENTLY TO MEET WITH THE DESIGNERS THAT ARE THAT ARE BEING INVOLVED WITH THIS.

THEY'RE CLOSING WHAT'S CONSIDERED MARKET STREET BEHIND THAT.

IT'S NOT GOING TO PROVIDE A FULL FIRE LANE ACCESS IN THERE, BUT IT WILL PROVIDE FOR MANEUVERABILITY TO GET BEHIND THE BUILDING IF NEEDED. WHERE IF THEY MOVE IT BACK ON THE BUILDING, IT WOULD MORE.

IT WOULD RESTRICT THAT SPACE A LITTLE BIT MORE.

OKAY. THANK YOU. YES. OKAY. SO THEY'RE OKAY WITH THAT.

SO WE WILL NEED AN ACTION ON THIS. AND YOU CAN APPROVE DENY OR APPROVE CONDITIONALLY OR TABLE WHEN THE REQUEST FOR MORE INFORMATION CALL FOR A MOTION. SO MOVED TO MOVE.

MOVE TO APPROVE. MR. CHAIRMAN I SECOND. OKAY.

MOTION BY APPROVED BY SAMIRA. ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE. AYE, AYE. PASSES 4 TO 0.

DO WE NEED AN ALTERNATE? NO, YOU JUST NEED FOUR.

OKAY. YOU NEED FOUR AS A QUORUM. ONE THING THAT I WAS LOOKING AT ON THE AGENDA IS AN OPEN AND CLOSING OF THE PUBLIC HEARING.

I DON'T THINK THAT WE HAVE TO HAVE A PUBLIC HEARING, BUT I NOTICED THAT, AND I WANTED TO RECONCILE THAT FOR THE RECORD.

I APOLOGIZE; I MISSED THAT ON THERE. SO WOULD YOU OPEN A PUBLIC HEARING ON THIS? YEAH, OPEN FOR PUBLIC HEARING. AND THEN ASK IF ANYONE WOULD LIKE TO SPEAK AT THE PUBLIC HEARING.

ANYONE HAVE A THING TO SAY IN AN OPEN HEARING? AND NO ONE IS ONLINE. ANYONE ONLINE? THERE IS ONLINE.

OKAY. OPEN HEARING IS CLOSED. SO PUBLIC HEARING WAS OPEN AT 3:38 AND THEN CLOSED AT 3:38 OR 03:38. OKAY. ALL RIGHT. WHERE DID MARK GO? I THINK HE'S OUT IN THE PARKING LOT.

HERE HE COMES.

ALL RIGHT. SORRY ABOUT OUR FINE CITY MANAGER.

TOOK CARE OF THIS AND GAVE ME ACCESS TO THE ROOM BACK HERE.

AND THEN I RECUSED MYSELF THE WRONG WAY. NO WORRIES.

ALL RIGHT. CITY MANAGER GETS BLAMED FOR EVERYTHING.

THAT'S TRUE. AND RIGHTLY SO. ALL RIGHT, WE'RE MOVING ON TO ITEM TWO.

[ITEM 2: BOA-25-0002 – A request by Rolando Lomas, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.7, “Special Exceptions,” regarding lot area requirements for the property described as Block 4, Range “J,” Devereaux Addition, J. Tarlton A-805, Lot 4R-1 and Lot 4R-2, 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 5, “Zoning Districts,” Section 5.1, “Zoning Districts Established,” Subsection 5.1.3, “SF-2, Single-Family Residential District,” D. “Area Regulations,” (2) “Size of Lots,” (a) “Minimum Lot Area,” to allow two 6,297 square foot lots, as identified in Attachment 2A of the staff report, to be created for future development, outside of the minimum area of 8,000 square foot requirements of the SF-2 residential lot dimensions.]

YES, SIR. SO IF YOU REMEMBER HERE, A FEW MONTHS AGO, THE CITY CHANGED THE LOT SIZE REQUIREMENT TO 8000FT² FOR LOTS. HOWEVER, SOME OF THESE INFILL LOTS ARE NOT ABLE TO, TO BE DEVELOPED WITHOUT SPLITTING THESE LOTS INTO SMALLER SIZED LOTS. AND SO AT THAT POINT, THEY CAN COME FORWARD AND REQUEST A VARIANCE FOR THAT.

AND THAT'S EXACTLY WHAT THIS IS. IT WOULD BE CONSIDERED 120 TILDEN STREET.

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THIS IS THE PROPERTY THAT'S IN QUESTION. IT'S A VARIANCE REQUEST FOR LOT SIZE TO BE DEVELOPED OUTSIDE OF THE MINIMUM 8000 SQUARE FOOT PROPERTY AREA. IT DOES HAVE A WIDTH OF 100FT AND MORE THAN 100FT IN MORE THAN 70FT. REQUIREMENTS MEETING THE REQUIREMENTS OF THE SF2 ZONING DIMENSIONS.

THE ONLY VARIANCE THAT'S BEING REQUESTED FOR THIS IS THE MINIMUM LOT SIZE WHICH WILL LOWER THIS TO EACH LOT WILL BE 6297FT² IN AREA. THE PROPERTY IS BEING REPLANTED. IT IS CURRENTLY ON AN AGENDA FOR APRIL 1ST, 2025, TO BE REPLANTED.

THE PROPERTY IS ZONED SF-2. THE REQUEST TO SPLIT THE LOT INTO TWO LOTS OF APPROXIMATELY 6297FT² EACH. AND THE PROPOSAL IS TO BUILD A SINGLE FAMILY HOME ON EACH LOT.

NO OTHER DEVIATIONS ARE REQUIRED TO DEVELOP THIS PROPERTY, AND STAFF CONSIDERS THE PROPERTY TO BE AN INFILL LOT.

AND INFILL LOTS ARE VACANT OR UNDERUTILIZED PARCELS OF LAND WITHIN EXISTING URBAN AREAS THAT ARE USED FOR NEW CONSTRUCTION.

THE LEGALITIES THAT GO ALONG WITH THIS VARIANCE INCLUDE TEXAS LOCAL GOVERNMENT CODE, AND THE DECIDING FACTOR IS THE BOARD MUST APPROVE IT.

MEETING THE CRITERIA. CREATING TWO DEVELOPABLE LOTS DOES NOT VIOLATE THE INTENT OR SPIRIT OF THE ORDINANCE. THE EXISTING LOT IS CONSIDERED AN OVERSIZE LOT, WHICH COULD BE A HARDSHIP TO DEVELOP AS A SINGLE FAMILY RESIDENTIAL PROPERTY.

THE DEVELOPMENT OF INFILL LOTS IS DESIRABLE AND INCREASES HOUSING OPTIONS AND AFFORDABILITY, WHICH ALSO HELP TO END URBAN SPRAWL AND BY. AND IMPROVING SERVICE DELIVERY TO A GROWING POPULATION AT LOWER COST.

GRANTING A SPECIAL EXCEPTION FOR THE LOT SIZE WILL ENCOURAGE INFILL DEVELOPMENT IN THIS AREA OF THE CITY OF DECATUR.

WE DID NOTIFY 18 PROPERTY OWNERS AND DID NOT RECEIVE ANY RESPONSES.

THE DEVELOPMENT SERVICES STAFF IS RECOMMENDING APPROVAL OF THIS SPECIAL EXCEPTION REQUEST, AND I WOULD ALSO LIKE TO, AT THIS TIME, ENTER A COPY OF THE STAFF REPORT INTO RECORD BY REFERENCE FOR THIS CASE. SO DOES ANYONE HAVE ANY QUESTIONS ON THIS? I COULDN'T REALLY TELL FROM THE DRAWING, BUT WHAT'S THE PROPOSED SQUARE FOOTAGE OF EACH HOME? I'M NOT SURE ON THAT. I HAVE NOT SEEN THAT. HOWEVER, THE DEVELOPER IS HERE TONIGHT, AND SO I WOULD LIKE TO HAVE HIM COME UP AND TALK ON THAT.

THAT WOULD BE GREAT. WE'LL OPEN UP THE PUBLIC HEARING AT 344.

AND ARE YOU, MR. LOOMIS, INVITE YOU UP HERE? MY NAME IS ROLANDO LOMAS.

ADDRESS IS 302 WEST, ALSO HERE IN DECATUR, TEXAS.

AND TO ANSWER YOUR QUESTIONS I'M THINKING OF BUILDING ANYWHERE FROM A 1450 TO PROBABLY 1800 SQUARE FOOT HOME ON THOSE ON THOSE PROPERTIES ON EACH LOT.

YES. CORRECT. OKAY. YOU KNOW, I THINK BUILDING TWO HOMES LIKE THAT WOULD BRING MORE, YOU KNOW, SOME IT'LL ADD TO THE TAXES AND WHATNOT REVENUE AND, YOU KNOW, IT'LL BRING TO NATIONAL HOMES IN THAT OLDER DIVISION SUBDIVISION, YOU KNOW. SO. OKAY. THANK YOU. THANK YOU. THAT SINGLE STOREY OR TWO STOREY? IT'LL BE A ONE STOREY, ONE STOREY. OKAY. I COULDN'T SEE ON THE ON THE PLAT, BUT IS THERE A FRONT YARD SETBACK ON THE CORNER LOT ON BOTH FRONTAGES ON TILDEN AND ON CHURCH? THERE IS NOT.

THERE IS A 25 FOOT FRONT YARD SETBACK ALONG TILDEN.

THERE IS A TEN YARD OR TEN FOOT SIDE YARD ALONG CHURCH STREET.

DO WE NEED TO GRANT A SPECIAL EXCEPTION FOR THAT? NO. THE ORDINANCE ALLOWS. THE SUBDIVISION ORDINANCE, ALLOWS YOU TO REPLANT THIS WITH A SIDE OR A REDUCED SIDE YARD.

OKAY. SO THE PLAT. THIS IS THE PLAT THAT WE DID RECEIVE OR THE SURVEY THAT WE RECEIVED FOR IT.

[00:15:02]

ALL RIGHT. ARE YOU GOING TO BE ABLE TO SAVE THAT BIG LIVE OAK? PROBABLY NOT. OH, MAN. YEAH. BEAUTIFUL TREE.

ANY OTHER QUESTIONS? THANK YOU, MR. LOMAS. WE WILL CLOSE THE PUBLIC HEARING AT 346, AND I'LL INVITE COMMENTS OR QUESTIONS. DISCUSSION.

I APPRECIATE MR. LOMAS TAKING AN UNDEVELOPED LOT AND FILLING IT IN.

IT ONLY HELPS THE ESTHETICS OF THE CITY. ALL RIGHT.

HEARING NO FURTHER COMMENTS I'LL INVITE A MOTION.

MOTION TO APPROVE. SECOND. ALL RIGHT. WE HAVE A MOTION FROM MR. CROSS. YES, SIR. I'LL SECOND THE MOTION. ALL RIGHT.

WE HAVE A SECOND FROM MR. MOHAMMED. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? HEARING? NONE. ITEM TWO IS APPROVED.

AND THEN ITEM THREE IS FUTURE BUSINESS. SO AS OF TODAY, IT DOES APPEAR THAT WE DO HAVE AN APRIL AGENDA THAT'S

[ITEM 3: New and/or future business items. a. As of the agenda posting, the meeting on Wednesday, April 16, 2025, currently has one (1) BOA Planning application. The application deadline is Monday, March 17, 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.)]

SO BECAUSE OF THAT, WE'RE HAVING TO MOVE IT BACK TO THE SECOND WEDNESDAY INSTEAD OF THE THIRD WEDNESDAY THAT WE USUALLY DO ON THESE.

BUT IT WILL BE RIGHT NOW WE HAVE ONE APPLICATION THAT'S BEEN WE'VE BEEN TOLD WILL BE SUBMITTED BY THEM.

OKAY. ON WEDNESDAY THE 16TH. YES, SIR. ALL RIGHT.

WE HAVE NO FURTHER BUSINESS. AND SO WE STAND ADJOURNED AT 3:48 P.M.

THANK YOU, SIR. THANK YOU ALL.

* This transcript was compiled from uncorrected Closed Captioning.