[00:00:02] YEAH. ALL RIGHT. I'VE GOT 3:30 ON THE CLOCK, SO WE'LL CALL THIS MEETING TO ORDER. [CALL TO ORDER AND ANNOUNCE A QUORUM] AND PAM JUST TOLD ME THAT I DON'T HAVE TO READ THIS THING AT THE BEGINNING OF THE MEETING. SO WE'RE GOING TO. YOU DON'T HAVE TO LISTEN TO ME ANYMORE. SO, WE CAN MOVE ON TO ITEM ONE. DO WE NEED TO APPROVE THE MINUTES FIRST FROM THE PREVIOUS MEETING? YEAH. YOU DON'T HAVE THAT ON YOUR AGENDA. AND IF YOU WOULD JUST STATE YOUR NAME AND YOUR POSITION, AND YOU'VE CALLED THE MEETING TO ORDER AND JUST ANNOUNCED THAT YOU HAVE A QUORUM. OKAY. SO I'M MARK DUNCUM. I'M THE CHAIR OF THE ZONING BOARD OF ADJUSTMENTS, AND WE HAVE FIVE, SO WE HAVE A QUORUM. AND NOW WE'LL HEAR FROM LISA ON ITEM ONE. BOA 25-0003. [ITEM 1: BOA-25-0003 – A request by Dwight Reeves, on behalf of the First United Methodist Church – Decatur, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.7, “Special Exceptions,” regarding a rear yard setback for the property located at 2002 Deer Park Road, 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 5.1.2, “SF-1, Single-Family Residential District,” D., “Area Regulations,” (1), “Size of Yards,” (c), “Minimum Rear Yard,” to allow an existing shed structure, as identified in Attachment 2A of the staff report, to encroach six and two tenth feet (6.2’) into the required fifteen (15) foot rear yard setback.] GOOD AFTERNOON. COMMISSIONERS, LISA HANNAN, PLANNING DIRECTOR. I'D LIKE TO ENTER OUR STAFF REPORT INTO THE RECORD BY REFERENCE IN ITS ENTIRETY. SO OUR FIRST ORDER OF BUSINESS IS BOA 25-0003. THIS IS A SPECIAL EXCEPTION REQUEST BY THE FIRST UNITED METHODIST CHURCH, LOCATED AT 2002 DEER PARK ROAD. THEY HAVE AN EXISTING SHED WITH A REAR YARD SETBACK ENCROACHMENT OF 6.2FT. THERE'S A 15 FOOT SETBACK MINIMUM REQUIREMENT. SO THE SPECIAL EXCEPTION IS REQUIRED. THE PROPERTY IS BEING REPLANTED, SO THE SPECIAL EXCEPTION NEEDS TO BE REVIEWED AND APPROVED FOR THE SHED ENCROACHMENT. THE FIRST UNITED METHODIST CHURCH HAS OWNED THIS PROPERTY SINCE 1989. IT WAS REZONED IN 2000 FROM THE ETJ TO SINGLE FAMILY ONE. THEY ARE STARTING THE REPLAT PROCESS THAT IS MOVING FORWARD ON THE MAY 6TH PLANNING AND ZONING. AND AGAIN, THE SPECIAL EXCEPTION IS REQUIRED FOR THE ENCROACHMENT OF THE EXISTING SHED. SO, THE TEXAS LOCAL GOVERNMENT CODE ALLOWS THE VARIATIONS. THE CITATIONS ARE THERE FOR THE STATE STATUTES. DECIDING FACTORS. THE BOARD MAY APPROVE A SPECIAL EXCEPTION, AND NO HARDSHIP FINDING IS REQUIRED. SO, WE NOTIFIED EIGHT PROPERTY OWNERS. WE RECEIVED ONE RESPONSE IN FAVOR OF THE SPECIAL EXCEPTION REQUEST. IT'S LOCATED ON THAT MAP. IF YOU HAVE ANY QUESTIONS FOR STAFF. RECOMMENDATIONS THAT STAFF RECOMMENDS. APPROVAL OF THE SPECIAL EXCEPTION REQUEST FOR BOA 25-0003. AND IT IS AN ACTION ITEM FOR YOU. OKAY. THANK YOU. LISA. WE'LL OPEN UP THE PUBLIC HEARING AT 333 AND INVITE ANYONE THAT'S HERE TO SPEAK ON THIS ITEM. DON'T SEE THAT WE HAVE ANYBODY. SO, WE'LL NEED TO CLOSE THE PUBLIC HEARING NOW. OKAY. SO, AT 3:34, WE'LL CLOSE THE PUBLIC HEARING, AND THEN BOARD MEMBERS, QUESTIONS OR COMMENTS? JUST A MINOR QUESTION. HOW CLOSE TO THE LINE IS IT? IT'S 6.2FT FROM THE PROPERTY LINE, AND A REQUIRED SETBACK IS 15FT. OKAY. YES. YES, SIR. IT SOUNDS LIKE IT'S SIX FEET INTO THE 15FT. SO, IT'S MEASURED 6.2FT FROM THE REAR PROPERTY LINE. OKAY. SO. OKAY. MY QUESTION IS, I CAN'T TELL FROM THE WAY WE'VE WRITTEN THIS, BUT WE WOULD NOT BE TAKING ACTION TO CHANGE THE REAR SETBACK. WE WOULD JUST BE TAKING ACTION TO AWARD A SPECIAL EXCEPTION FOR THE EXISTING STRUCTURE, CORRECT, TO ALLOW THE ENCROACHMENT OF THE EXISTING STRUCTURE. SO IN THE EVENT THAT STRUCTURE WENT AWAY, THEY WOULD HAVE TO MEET THE REQUIREMENTS THAT WERE IN EFFECT AT THE TIME THEY WOULD REBUILD ANYTHING. YEAH. IT WOULDN'T GRANDFATHER OR ALLOW THEM TO REBUILD A STRUCTURE IN THAT VARIANCE SETBACK THAT YOU HAVE. IF YOU APPROVE IT, THEY WOULD HAVE TO MEET ALL THE REQUIREMENTS THAT ARE IN PLACE AT THE TIME OF CONSTRUCTION. OKAY. SO THAT'S THE KIND OF MOTION WE'LL BE ENTERTAINING. WE HAVE A MOTION FROM MR. CHANDLER. I'M HAPPY TO SECOND. SECOND FROM MR. KLEINSMITH. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? ALL RIGHT. ITEM ONE IS APPROVED. ITEM TWO. HEAR FROM THE CITY STAFF. OKAY. AGAIN. [ITEM 2: BOA-25-0004 – A request by Christopher Fernihough, on behalf of CG Fernihough Properties LLC Series 1, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.6, “Variances,” regarding ground mounted mechanical equipment screening requirements for the property located at 117 W Main 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 7, “Development Standards,” Section 7.5.4, “Mechanical Equipment,” A. “Ground Mounted Mechanical Equipment,” to allow the newly installed ground mounted mechanical equipment to remain as-is, with no screening.] LISA HANNAN, PLANNING DIRECTOR I'D LIKE TO END OUR STAFF REPORT INTO THE RECORD IN ITS ENTIRETY BY REFERENCE. THIS IS A VARIANCE REQUEST BY CHRISTOPHER FERNYHOUGH ON BEHALF OF CG FERNEYHOUGH PROPERTIES. [00:05:06] THE PROPERTY IS AT 117 MAIN STREET. THERE WAS A REMODEL PERMIT, NEW MECHANICAL EQUIPMENT HAS BEEN INSTALLED, AND IT IS INSTALLED WITHOUT THE REQUIRED SCREENING. SO, IT'S RECENTLY AGAIN RECENTLY RENOVATED, AND SCREENING IS REQUIRED BY OUR CITY CODE. THE PROPERTY ABUTS AN ALLEY, SO IT'S TECHNICALLY ON TWO STREET FRONTS. THE CODE REQUIRES MECHANICAL EQUIPMENT TO BE SCREENED FROM VIEW. THERE ARE ALTERNATIVE SCREENING MATERIALS AVAILABLE SO THE BOARD CAN AUTHORIZE A VARIANCE FOR THE TEXAS LOCAL GOVERNMENT CODE. AGAIN, THE STATUTORY REQUIREMENT OR THE STATUTE CITATIONS ARE THERE. THE BOARD OR THE VARIANCE MUST MEET THE CRITERIA IN ORDER FOR THE BOARD TO APPROVE THE VARIANCE REQUEST. HERE ARE THE CRITERIA. VARIATION. NOT CONTRARY TO PUBLIC INTEREST. SO THE CODE REQUIREMENTS TO SCREEN WERE DESIGNED TO HELP WITH ESTHETICS. IF THE VARIANCE IS GRANTED, IT COULD DIMINISH THE LOOK OF THE AREA. VARIATION. SECOND CRITERIA VARIATION DUE TO SPECIAL CONDITIONS. THE PROPERTY WAS RECENTLY RENOVATED AND NEW MECHANICAL EQUIPMENT INSTALLED. THAT DOESN'T THAT DOESN'T MAKE IT A SPECIAL CONDITION. STAFF FOUND NO SPECIAL CONDITIONS FOR THIS. NOT YET. NO, SIR. SO, CRITERIA NUMBER THREE. LITERAL ENFORCEMENT RESULTS IN UNDUE HARDSHIP FOR THE PROPERTY OWNER. THERE'S POTENTIALLY ONE HARDSHIP THEY MAY LOSE. ONE PARKING SPACE, BUT NO OTHER HARDSHIPS HAVE BEEN IDENTIFIED. CRITERIA NUMBER FOUR. SPIRIT OF THE ORDINANCES OBSERVED, AND SUBSTANTIAL JUSTICE IS DONE. THE ZONING ORDINANCE WAS ADOPTED BY CITY COUNCIL AND ADOPTED TO HELP ENHANCE THE APPEARANCE OF STRUCTURES AND PROPERTIES IN THE COMMUNITY. 24 PROPERTY OWNERS WERE NOTIFIED. WE RECEIVED NO RESPONSES. I'M READY FOR ANY QUESTIONS. OKAY, WE'LL OPEN THIS PUBLIC HEARING UP AT 343. I'M SORRY. 3:38. I CAN'T LOOK AT THE CLOCK. AND INVITE ANYONE UP HERE THAT WOULD LIKE TO. TALK ABOUT IT. MR. TURNER, DO YOU WANT TO. I THINK YOU GOT TO STATE YOUR NAME AND YOUR ADDRESS. CORRECT BEFORE HE STARTS. MY NAME IS CHRIS FERNEYHOUGH. ADDRESS IS 1900 FM 730 NORTH. REALISTICALLY, I UNDERSTAND THE NEED AND THE WANT TO BLOCK THE UNSIGHTLY STUFF OF MECHANICAL EQUIPMENT. BUT WHEN WE'RE TALKING DOWNTOWN. EVERY TIME WE GO INTO A MAIN STREET MEETING BOARD MEETING, THE ONE NUMBER ONE TOPIC IS PARKING. AND THE FACT THAT WE'RE LOSING A PARKING SPOT TO BLOCK AN AIR CONDITIONER THAT WAS THERE TWO MONTHS AGO WITHOUT IT IS WHERE I'M HERE. AND IF YOU GO BACK TO THE ONE OF THOSE PHOTOS, NOT ONLY ARE WE GOING TO BE BLOCKING THE AC, BUT WE'RE BLOCKING THE GAS METER. SO NOW WE HAVE TO PULL IT EVEN FARTHER OUT TO WHERE IT'S ENCOMPASSING THE GAS METER AS WELL. OTHERWISE, THE GAS COMPANY WON'T ALLOW IT. SO, I'M JUST ASKING TO FOR THE VARIANCE TO NOT HAVE TO PUT IT UP TO NOT LOSE THE PARKING. SO THAT WAY WE CAN, YOU KNOW, RETAIN ONE MORE PARKING SPOT DOWNTOWN. I DO HAVE SOME PHOTOS, KIND OF, IF YOU WANT TO SEE IT, I DON'T. IT'S UP TO YOU ALL. BUT THE BIGGER THING IS, IS JUST SHOWING HOW SMALL THE PARKING SPOT IS WHEN THE CAR IS ACTUALLY PARKED THERE. IT'S ALREADY ALMOST PASS THAT AROUND. WELL, IT'S ALREADY ALMOST TOUCHING THE CONCRETE LEDGE THAT YOU SEE IT SITTING ON. SO IN ORDER IN ORDER TO PUT THE ACTUAL BLOCKING OF IT UP, I MEAN, YOU'RE LOSING POTENTIALLY THE ONE, MAYBE THE SECOND ONE, BECAUSE WE GOT TO GO ALMOST ALL THE WAY TO THE TO THE DOOR OPENING. CAN I ASK YOU A QUESTION? GO FOR IT. THE UNIT THAT'S ON THE FAR RIGHT. WHAT LOOKS LIKE AN OLDER UNIT. IS THAT YOURS? YES. SO THAT'S YOURS. SO THAT'S BEEN THERE FOR SOME TIME? YES, SIR. OKAY. SO THE TWO NEW UNITS ARE THE DARKER BLACK ONES. SO WHEN WAS THE OLDER UNIT INSTALLED? THAT'S THE SAME FROM THE BACK SHOWING HOW FAR THE TRUCK WAS IN THE PAST. THE OLDER UNITS PROBABLY BEEN THERE FOR 40 YEARS, TO BE TOTALLY HONEST WITH YOU. 40. 40. I MEAN, IT'S JUST THAT'S WHERE THEY'VE ALWAYS BEEN. OKAY. SO DOWNTOWN'S KIND OF A MESS. WE ALL KIND OF UNDERSTAND THAT. AND THAT IS THE ACTUAL AC UNITS FOR 119 AND 117. THAT'S WHY THERE'S THREE UNITS. DOES THAT MAKE SENSE? SO, 117 IS THE OLDER AC. NO. 119 IS THE OLDER AC. 117 IS THE TWO NEW AC. BUT THEY WERE ALWAYS ON THAT KIND OF PERCH IS WHERE IT WAS ALL WHERE IT'S ALWAYS BEEN SINCE I MEAN, [00:10:07] I GUESS YOU COULD SAY THE CINDER BLOCK WAS MADE, YOU KNOW. SO LET ME GET THIS STRAIGHT. THESE UNITS HAVE NOT BEEN COVERED BEFORE. NO. AND WE'RE ASKING FOR COVERING NOW. YES. IT TRIGGERED BECAUSE OF THE RENOVATION, AND I UNDERSTAND WHAT TRIGGERED IT. IT'S NO DIFFERENT THAN THE ONE THAT Y'ALL JUST DID FOR THE METHODIST CHURCH. IF THEY MOVE THAT BUILDING, IT TRIGGERS IT HAVING TO BE INSIDE. WHAT TRIGGERED THE NEW CODE WAS THE RENOVATION. IT'S JUST I'M ASKING FOR A VARIANCE BECAUSE OF IT TO NOT LOSE THE PARKING SPOT. SO, THE OLD ONE'S BEEN THERE FOR A LONG TIME, BUT THE TWO BLACK ONES ARE TWO MONTHS OLD. BUT WHERE THE TWO BLACK ONES WERE WHERE WAS WHERE IT WAS BEFORE WE JUST REPLACED IT WITH THE RENOVATION. SO, THE AC4117 HAS ALWAYS BEEN THERE. IT WAS JUST ONE UNIT, SO THERE WERE TWO UNITS AT THREE MONTHS AGO. NOW THERE'S THREE. BUT IT'S BECAUSE WE TOOK THE DROP CEILING OUT OF 117, WHICH MEANT YOU HAD MORE CUBIC SQUARE FEET. YOU NEEDED MORE, MORE, MORE COOLING CAPACITY. NOW THERE'S TWO UNITS TO COOL 117. AND YOU OWN BOTH OF THOSE SUITES. YES. I CAN'T UNDERSTAND WHY WE NEED THE VARIANCE. I MEAN, IF IT'S BEEN LIKE THAT, NOBODY SAID ANYTHING. I'M HARD PUT TO SEE THE PROBLEM. WELL, BECAUSE FOR A LOT OF WHAT WE DO, IT'S NOT WE. WE MAKE SPECIAL EXCEPTIONS FOR AN EVENT, BUT IT'S NOT GRANDFATHERED IF YOU CHANGE. IF WE HAD MOVED THE STRUCTURE IN THE BACKYARD A WHILE AGO DOWN THE ROAD, THEN THAT SPECIAL EXCEPTION OR VARIANCE IS NOT GRANDFATHERED. SO ONCE THERE'S A CHANGE TO THAT. SO WE HAVE A RENOVATION TO THAT PROPERTY. NOW THEY'RE SUPPOSED TO MEET THE CURRENT REQUIREMENTS FOR THAT. IT'S NO DIFFERENT THAN BUILDING CODE OR ANYTHING ELSE THAT WE HAVE WHENEVER HE GOES INTO THERE. THE BUILDING WAS LAST RENOVATED, SAY, IN 1950. IT CAN REMAIN IN THAT CONDITION OF OF WHAT WAS ALLOWED IN 1950, AS LONG AS IT'S NOT CHANGED. ONCE YOU MAKE THAT CHANGE, ONCE YOU UPDATE THAT THAT PROPERTY, YOU MAKE CHANGES TO CURRENT CODE REQUIREMENTS. SO CURRENT ZONING CODE REQUIRES SCREENING FOR MECHANICAL USES. THAT'S WHERE MY CONFUSION IS. WE HAVEN'T DONE ANYTHING IN THE PAST. I'M NOT SURE WHY WE NEED TO DO ANYTHING IN THE FUTURE. I MEAN, WHY WOULD WE NOT LEAVE IT LIKE IT IS NOW? THIS IS MY SIMPLE MIND THINKING. I MEAN. ONE MORE QUESTION. IF IT AIN'T BROKE, DON'T FIX IT. YOU MENTIONED LOSING A PARKING SPOT, AND I'M LOOKING AT THE TWO PICTURES. IS THERE ANY CREATIVE WAY TO COVER THE HVAC UNITS FROM THREE SIDES? IN OTHER WORDS, WITHOUT LOSING SQUARE FOOTAGE FOR A CAR. SO WHERE A CAR WOULD PARK. SO, LIKE. LIKE I WAS SAYING, FROM WHAT I'M BEING TOLD, IT HAS TO BE ABOUT A FOOT AWAY FROM THE AC FOR PROPER AIRFLOW, WHICH WILL PUT US OUT PAST THE ACTUAL RETAINING WALL. OKAY, THAT EXPLAINS DEAD SMACK IN THE MIDDLE OF THAT GAS METER. OKAY, THAT EXPLAINS IT. THANK YOU. THERE'S NO REASONABLE WAY TO COVER IT. THERE JUST ISN'T. I THINK THERE IS. IT'S JUST WE LOSE, WE LOSE PARKING. AND THAT'S WHAT I'M LIKE I SAID, WHEN I'M TRYING TO RENT THESE BUILDINGS, THE NUMBER ONE QUESTION IS, IS WHERE AM I PARKING? AND IT'S AND IT'S JUST KIND OF, YOU KNOW. WHEN DO YOU SEE AN OPTION FOR SCREENING THIS WITHOUT LOSING A PARKING PLACE? THERE ARE SOME CREATIVE SOLUTIONS YOU COME UP WITH OFF SUPPORTING OFF OF THE EXISTING PLATFORM THAT THOSE ARE ON. BUT IT IS PROBABLY GOING TO PUSH OUT THAT PARKING. IT'S NOT GOING TO HAVE AS MUCH DEPTH AS IS THERE NOW. WELL, IF YOU WANT TO PUT A PIECE OF CHAIN LINK AROUND THAT, THAT THAT MIGHT ANSWER YOUR QUESTION, BUT IT'S GOING TO BE UNSIGHTLY. AND IT IS IT REALLY GOING TO HELP. I MEAN, THE AIRFLOW WOULD BE OKAY WITH THE CHAIN LINK FENCE, BUT IT SURE WOULDN'T BE PRETTY TO LOOK AT. AND I UNDERSTAND. BUT THESE WERE THESE WERE THE THESE WERE THE CONDITIONS THAT WERE PUT IN PLACE WITH THE 2015 REWRITE OF THE ZONING ORDINANCES TO HAVE SCREENING FOR MECHANICAL EQUIPMENT. AND SO WE ENFORCE IT WHENEVER WE COME ACROSS THESE. OKAY. THIS ONE, AS CHRIS DOES HAVE A POINT ABOUT WHERE THE PARKING IS AND WHERE EVERYTHING'S AT [00:15:05] THERE. AND HE GETS THE OPPORTUNITY TO REQUEST A VARIANCE ON IT. WAYNE, WOULD THERE BE ANY VALUE IN PARTIAL SCREENING, ONE THAT'S ON THE MAIN STREET SIDE, BUT NOT ON THE PARKING LOT SIDE OF THOSE UNITS? SURE. I MEAN, ANY ANYTHING WOULD HELP AT SOME POINT. BUT YOU KNOW, IT'S ENTIRELY I DON'T KNOW HOW MUCH IT'S GOING TO SCREEN IT, BUT YES, IT WOULD. IT WOULD SCREEN IT FROM THE MAIN STREET SIDE. OVERALL, CHRIS, HOW MANY PARKING SPOTS DO YOU HAVE FOR THOSE TWO SUITES? TWO. THESE TWO? YES, SIR. UNLESS YOU COUNT THE ONES ON THE FRONT. BUT THOSE ARE, YOU KNOW, BECAUSE IF YOU LOOK AT 117, IT HAS ZERO. I MEAN, IF YOU WANT TO BE HONEST, IT HAS, BECAUSE THE BUILDING IS EXTENDED. WHO KNOWS HOW LONG AGO, ALL THE WAY BACK TO THE PROPERTY LINE. SO IT HAS NONE. SO IT'S ALREADY KIND OF LIKE, WHERE ARE YOU PARKING. AND IF YOU PARK TO THE RIGHT SIDE, WE'RE NOT GOING TO MENTION NAMES, BUT THE OLD LADIES WILL COME OUT AND ATTACK YOU. IT'S NOT A YEAH. I MEAN, I'VE HAD TO TRY TO GET THEM TO STOP MULTIPLE TIMES. THE RENOVATION WAS DIFFICULT AT BEST WITH THE CONTRACTORS, WITH THE PARKING ISSUES. UNDERSTOOD. SO, YOU JUST GOT TWO SPOTS THERE? COULD YOU HAVE THREE? NO. NO, BECAUSE IT SLOPES OFF TO THE LEFT REALLY HARD WHERE THE STAIRS ARE. OKAY. AND I BELIEVE THE STOP SIGN IS RIGHT THERE TOO. THERE IS A STOP SIGN. YEAH. THERE'S. YEAH. WELL, IF YOU WERE TO PUT SCREENING ON THE MAIN STREET FRONTAGE SIDE OF THAT THAT WOULD STILL GIVE YOU THE AIR SPACE, BUT ALSO GIVE YOU THE OFFSET FROM THE DOOR, BUT NOT GET INTO THE PARKING SPACE. IS THAT CORRECT? I WOULD HAVE TO LOOK. I IF THAT'S POSSIBLE. I JUST DON'T REMEMBER REALISTICALLY HOW CLOSE IT IS TO IT. IF IT'S GOING TO MAKE IT TO WHERE YOU ALMOST IMPEDE GETTING INTO THE DOOR. I DON'T REMEMBER TO BE TOTALLY HONEST. I'VE NEVER THOUGHT ABOUT THAT. YOU WOULD HAVE TO PUT IT ON TOP OF THE STOOP OF THE ACTUAL DOORWAY, BECAUSE THERE'S NO ROOM, I DON'T BELIEVE. YEAH, I DON'T KNOW. I DID NOT LOOK AT THAT IN PARTICULAR BUT LET ME SEE IF I'VE STILL GOT THOSE PICTURES. YEAH, I DON'T, I DON'T. UNFORTUNATELY, WHEN MAIN STREET BUILDINGS WERE BUILT, NOBODY COULD EVER ENVISION THE ISSUES THAT WE HAVE TODAY. NO, SIR. AND IT'S NOT A GOOD PICTURE. I'M KIND OF, I'M KIND OF LEANING TOWARDS ALLOWING THE VARIANCE. I WOULD APPRECIATE THAT. DO YOU HAVE A PICTURE? I WAS IN MY CAR LOOKING AT THAT DOOR. I DON'T THAT'S WHAT I WAS LOOKING FOR. NOT WHAT? NOT WHAT? THE CAR IS GONE. I THINK I THINK THIS WILL WORK, CHRIS. YEAH. I THOUGHT IT WAS CLOSE, TOO. IT'S RIGHT THERE ON THE EDGE. THERE YOU GO. WAYNE, THE PICTURE YOU'RE SHOWING. MAKE SURE TO PRINT IT AND ENTER IT INTO THE RECORD FOR THIS. YEAH. YEAH, YEAH, YEAH, YEAH. MIGHT BE. IS THAT AN EXIT DOOR? YES. IT'D BE A PARKING ISSUE. YES. OKAY. YEAH. I THINK. DO YOU HAVE ANY FIRE EXPERTISE? THESE ARE THE PICTURES THAT I SENT YOU. ARE THEY IN THERE? THEY'RE IN THERE. IT LOOKS LIKE THERE'S MORE SPACE IN BETWEEN, BUT I THINK THE PICTURE YOU JUST LOOKED AT, IT'S JUST ONE CAR. WELL, BUT FROM THE. FROM THE. FROM THE STEP TO THE DOOR. LOOKS LIKE THEY'RE SPACED THERE, BUT I THINK THAT PICTURE WE JUST LOOKED AT. [00:20:01] FROM THE. THERE YOU GO. THE DOORWAY. RIGHT. RIGHT. YEAH. YEAH. I DIDN'T KNOW. OKAY. PLEASE SPEAK INTO THE MICROPHONE SO WE CAN CAPTURE THE DISCUSSION. OKAY. SORRY. ANY OTHER QUESTIONS FOR MR. DONAHUE? ALL RIGHT. THANK YOU, GUYS. THANK YOU, CHRIS. WE'LL CLOSE THE PUBLIC HEARING AT 350 AND THEN ENTERTAIN COMMENTS. QUESTIONS. FURTHER QUESTIONS? NO QUESTIONS. OKAY. WELL, THEN I'LL ENTERTAIN A MOTION TO APPROVE ITEM 25-004. ALL RIGHT. WE'VE GOT A MOTION FROM MR. CROSS. WE HAVE A SECOND. I SECOND. SECOND FROM MR. MUHAMMAD. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? OKAY. ITEM TWO IS APPROVED. SO, FOR CLARIFICATION, BECAUSE I KNOW DANNY'S MIC WASN'T WORKING AT THE VERY BEGINNING. YOU HAVE APPROVED THE VARIANCE. WE HAVE APPROVED THE VARIANCE. THANK YOU. OKAY. ITEM THREE. LISA. GOOD AFTERNOON, LISA HANNON, PLANNING DIRECTOR. [ITEM 3: BOA-25-0005 – A request by Jonathan Mitchinson, on behalf of Cardinal Paint and Powder, Inc.3200, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.6, “Variances,” regarding parking lot requirements for the property located at 3200 Thom Lambert Blvd., City of Decatur, Wise County, Texas. The request is for a variance to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Article 7, “Development Standards,” Section 7.3 “Off-Street Parking and Loading Regulations,” Subsection 7.3.2 “Off-Street Parking Provisions,” B. “Non-Residential and Multi-Family Districts,” (1), and Subsection 7.3.4 Construction Standards (A-D), to permit a 50-car capacity gravel parking lot for overflow parking.] I'D LIKE TO ENTER OUR STAFF REPORT INTO THE RECORD IN ITS ENTIRETY BY REFERENCE. SO THIS IS BOARD OF ADJUSTMENTS 25-0005 FOR CARDINAL PAINT AND POWDER OUT AT THE INDUSTRIAL PARK. THEY ARE REQUESTING A VARIANCE FOR TEMPORARY OVERFLOW PARKING WITH A GRAVEL MATERIAL. THE CARDINAL PAINT HEADQUARTERS WAS CONSTRUCTED IN 2020. THERE IS A NEW EXPANSION PROPOSED, AND THEY NEED PARKING DURING CONSTRUCTION. SO, IT IS IN THE EAGLE LANDING BUSINESS PARK. THE TEMPORARY LOT WILL BE WHERE IT IS IN RED. THEY'RE LOCATED BEHIND THE FRONT OF THE EXISTING BUILDING. IT'S APPROXIMATELY 50 CAR CAPACITY. AGAIN, TEXAS LOCAL GOVERNMENT CODE AUTHORIZES THE VARIATIONS. THE STATE STATUTE CITATIONS ARE UP. THERE MUST MEET CRITERIA. THE CRITERIA NUMBER ONE VARIATION NOT CONTRARY TO PUBLIC INTEREST. THIS WOULD BENEFIT THE COMPANY EMPLOYEES AND CUSTOMERS WOULD KEEP THE PARKING ON SITE, ENHANCING PUBLIC SAFETY BY NOT HAVING THEM PARK ON THE STREET. VARIATION. DUE TO SPECIAL CONDITIONS, THEY ARE PROPOSING A 32,000 ZERO SQUARE FOOT EXPANSION. EMPLOYEE PARKING IS NOT GOING TO BE ACCESSIBLE DURING THE EXPANSION OR DURING THE CONSTRUCTION. CRITERIA NUMBER THREE LITERAL ENFORCEMENT RESULTS IN UNDUE HARDSHIP. SO THE CODE REQUIRES CONCRETE AND ASPHALT SURFACE. THAT IS A MAJOR COST DURING CONSTRUCTION FOR A TEMPORARY PARKING LOT. AND THEY ARE GOING TO BE USING THE EMPLOYEE AND CUSTOMER PARKING IS GOING TO BE REQUIRED DURING CONSTRUCTION. CRITERIA NUMBER FOUR. SPIRIT OF THE ORDINANCE IS OBSERVED AND SUBSTANTIAL JUSTICE IS DONE. IT'S A MINIMAL REQUEST. IT IS TEMPORARY IN NATURE. SPECIFIC CONDITIONS HAVE BEEN PROPOSED BY THE APPLICANT. A THREE YEAR TERM FOR THE TEMPORARY PARKING AFTER THREE YEARS. THE EDC WILL REMOVE THE GRAVEL AND THE PROPERTY REMAINS VACANT. OR EDC WILL REMOVE THE GRAVEL. AND CARDINAL PAINT WILL REPLACE WITH THE PERMANENT SURFACE THAT'S REQUIRED BY THE CODE. SO PROPERTY OWNER NOTIFICATIONS TEN WERE SENT OUT. ONE RESPONSE WAS RECEIVED IN FAVOR. I APOLOGIZE THAT THE MAP WAS NOT UPDATED. OUR GIS PERSON HAS BEEN OUT OF THE OFFICE, AND THE EDC DID PROVIDE A LETTER OF SUPPORT FOR THE VARIANCE REQUEST. ANY QUESTIONS? STAFF DOES RECOMMEND APPROVAL OF THIS VARIANCE REQUEST WITH THE STATED CONDITIONS THAT ARE IN THE STAFF REPORT AND PRESENTATION. I'VE GOT ONE QUESTION FOR YOU, LISA. IT SAYS THAT THAT WITH THE EXPANSION. LET ME SEE IF I CAN FIND IT HERE. THE REQUIRED PARKING FOR THE SITE, INCLUDING THE NEW EXPANSION, IS 95 SPACES. A TOTAL OF 98 PARKING SPACES ARE CURRENTLY PROVIDED ON SITE. THAT'S CORRECT. SO WE'RE A LITTLE BIT OVER PARKED. THAT DOES NOT INCLUDE THE OVERFLOW PARKING. THAT DOES NOT INCLUDE THE OVERFLOW PARKING. THAT'S CORRECT. BUT DURING CONSTRUCTION PART OF THAT PARKING THAT'S THERE IS GOING TO BE INACCESSIBLE. THEY'RE NOT TAKING IT AWAY. IT'S JUST GOING TO BE INACCESSIBLE DURING CONSTRUCTION. SO THEY NEED A PLACE FOR THE EMPLOYEES TO. BUT WHEN THEY TAKE IT AWAY AT THE END OF THREE YEARS, THEY'LL STILL BE, THERE'S STILL ENOUGH PARKING FOR THE NEW BUILDING. [00:25:01] THAT IS THE NEW EXPANSION IN THE ORIGINAL BUILDING. THAT IS CORRECT. OKAY. YES. I WAS THINKING THAT WE MIGHT HAVE PROVIDED A THE VARIANCE BACK IN THE PAST FOR CARDINAL FOR PARKING. IS THERE SOMEBODY ELSE AT THE BUSINESS PARK? OKAY. IT WAS INDUSTRIAL. DIESEL INDUSTRIAL. OKAY. OKAY. ALSO, GT RESEARCH. GT PRODUCTS. GT. GT. YEAH. OKAY. GOOD MEMORY. ALL RIGHT. ANYONE HERE WHO WANTS TO SPEAK ON BEHALF OF CARDINAL? OKAY. WELL, WE'RE GOING TO OPEN THE PUBLIC HEARING AT 3:55 AND CLOSE THE PUBLIC HEARING AT 355. AND SO ANY QUESTIONS YOU HAVE FOR LISA OR THIS THIS THIS ADDITIONAL PARKING IS FOR EMPLOYEE PARKING. IS THAT WHAT I'M UNDERSTANDING? THEY ARE REQUESTING IT FOR EMPLOYEE PARKING. THAT DOES WON'T PROHIBIT CUSTOMERS FROM PARKING UNLESS THEY PUT IT. PUT A SIGN UP THAT SAYS EMPLOYEE PARKING ONLY. OKAY. CAN I ASK? I MEAN, THREE YEARS FOR CONSTRUCTION. SEEMS LIKE A LONG TIME. IS THERE A REASON THEY'RE ASKING FOR A THREE YEAR TERM? I THEY DIDN'T GIVE US AN EXPLANATION OF A THREE YEAR TERM. MAYBE IT'S I DON'T KNOW, MAYBE THEY'RE STILL GOING THROUGH THE PLANNING PROCESS AND WANTING TO GET AHEAD OF THE GAME. OKAY. GOOD AFTERNOON, EVERYONE. I WAS PART OF A CONVERSATION WHEN THIS PROJECT SURFACED. I THINK IT'S TO ALLOW REASONABLE TIME TO DECIDE IF ITEM THREE, OPTION A OR B WILL BE THE DIRECTION. I THINK IT'S TO LET THE NORMALIZATION OF THE OPERATION COME BACK. MAKE SURE THAT EVERYTHING FLOWS AS IT SHOULD. THEY DON'T HAVE ANY ISSUES WITH SHIFT CHANGE AND THAT SORT OF THING AND THEN MAKE A DECISION ON VACANT PROPERTY OR PAVED SURFACE. I THINK THAT WAS THE INTENT OF WHERE THEY LANDED. NOT SPEAKING FOR OR AGAINST OR ON BEHALF OF ANYBODY, BUT IN CONVERSATION. THAT'S HOW I TOOK IT. AND THIS IS STILL QUITE A DISTANCE FROM THEIR PROPERTY LINE. IS THAT CORRECT? YES. THEY'RE NOT THEY'RE NOT ENCROACHING ON THEIR PROPERTY LINE AT ALL. YEAH. THERE YOU GO. AND IT'S BACK BEHIND THE FRONT OF THE BUILDING. SO IT'S SET BACK. IT'S NOT GOING TO BE OUT IN THE PUBLIC CLOSE TO THE PUBLIC RIGHT OF WAY. SO IT'S NOT GOING TO BE AS VISIBLE. THEY HAVE ON SITE LANDSCAPING ALREADY. SO IN THE EVENT THAT THEY CHOSE TO REPLACE THIS WITH PERMANENT PARKING SURFACE, WOULD THAT REQUIRE ADDITIONAL LANDSCAPE AT THAT TIME? IT COULD POTENTIALLY, DEPENDING ON WHAT LANDSCAPING THEY HAVE IN PLACE RIGHT NOW. OKAY. BUT WE WOULD BE GRANTING A VARIANCE FROM THOSE ORDINANCES AS WELL, IF THERE WERE ANY. AND MAYBE THERE'S NOT. SO THIS VARIANCE IS ACTUALLY FOR THE TEMPORARY PARKING WITH THE GRAVEL MATERIAL. OKAY. BECAUSE YOU COULD DO PARKING THERE. BUT IT HAS TO BE THE PERMANENT WEARING SURFACE CONCRETE OR ASPHALT AND MEET ALL THE DESIGN CRITERIA. SO THAT'S WHAT WE'RE DEVIATING FROM HERE. OKAY. AND BECAUSE IT'S TEMPORARY THAT DOESN'T REQUIRE A LANDSCAPE. THAT IS CORRECT. UNLESS YOU ALL MAKE THAT ONE OF YOUR CONDITIONS, IT'S NOT ONE OF THE CONDITIONS STAFF PUT IN THERE. GOT IT. OKAY. ANY MORE QUESTIONS? COMMENTS? ANYBODY WANT TO MAKE A MOTION? MR. CHAIRMAN, I, I. MOTION TO APPROVE BOA 25-0005 AS PRESENTED. ALL RIGHT. WE HAVE A MOTION FROM MR. MUHAMMAD. DO WE HAVE A SECOND? LET ME CLARIFY THE MOTION AS PRESENTED. MEANING WITH THE CONDITIONS LISTED. OKAY. THANK YOU. WITH THE RECOMMENDATIONS AS? AS LISTED. YES. THANK YOU. WE HAVE A SECOND FROM MR. CHANDLER. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? ALL RIGHT. ITEM THREE IS APPROVED. I DON'T KNOW, WE DON'T HAVE ANY NEW BUSINESS. TO TAKE CARE OF. NOTHING ELSE ON THE AGENDA? NOTHING ELSE ON THE AGENDA. ITEM FOUR. RIGHT NOW, WE DON'T HAVE ANY CASES FOR THE MAY. ALL RIGHT. VERY GOOD. WELL, THANK YOU, STAFF, FOR YOUR TIME. AND WE STAND ADJOURNED AT 4:00. * This transcript was compiled from uncorrected Closed Captioning.