Nov 17, 2025 Zoning Board of Adjustment

OKAY. I THINK THAT'S WHAT WE

[CALL TO ORDER AND ANNOUNCE A QUORUM]

[00:00:09]

DO I DO I DO MY LITTLE READING THING PAM. YOU'VE ANNOUNCED A QUORUM.

IS THAT RIGHT? YOU'RE GOOD TO GO IF YOU'VE. YES.

YES. WE HAVE A QUORUM. THANK YOU. DO I NEED TO READ ANYTHING ELSE? YOU DON'T. YAY! OKAY. 1ST ITEM OF BUSINESS, DISCUSS TAKE APPROPRIATE ACTION REGARDING THE JULY

[ITEM 1: Discuss and take appropriate action regarding July 21, 2025, BOA Minutes.]

AYE. THEY'RE APPROVED. WHO DID THE FIRST? OKAY, MR. CECIL. THANK YOU. SECOND ITEM. I'M GOING TO TURN IT OVER TO YOU,

[ITEM 2: BOA-25-0007 - A request by the City of Decatur, on behalf of Beverley Jernigan, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, "Zoning," Section 4.3.7, "Special Exceptions," regarding an existing front yard and an existing side yard setback for the property located at 1701 S Hatcher 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 5, "Zoning Districts," Section 5.1, "Zoning Districts Established," Subsection 5.1.3, "SF-2, Single-Family District," D., "Area Regulations," (1), "Size of Yards," (a), "Minimum Front Yard," to allow the existing single-family structure to encroach 13.3 feet into front setback along S Hatcher Street; and a Special Exception request 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 District," D., "Area Regulations," (1), "Size of Yards," (b), "Minimum Side Yard," to allow the single-family structure to encroach 3.4 feet into the side yard setback.]

WELL, IN OUR STAFF REPORT INTO THE RECORD BY REFERENCE IN THEIR ENTIRETY FOR ALL OF 3 OF THESE CASES.

SO THIS IS BOA-25-0007 1701 HATCHER STREET. SO REPLAT OF THESE PROPERTIES HAS INITIATED A SPECIAL EXCEPTION REQUIREMENT.

IT'S AN EXISTING RESIDENTIAL STRUCTURE. WE REQUIRE 25 FOOT FRONT YARD SETBACK.

THE REQUESTED ENCROACHMENT IS 13.3FT ON THE FRONT, AND WE REQUIRE 7 FOOT SIDE YARD SETBACK.

AND THE REQUESTED ENCROACHMENT IS 3.4FT. LEGALLY, THE BOARD OF ADJUSTMENTS CAN GRANT THIS SPECIAL EXCEPTION. NO HARDSHIP FINDING IS REQUIRED FOR A SPECIAL EXCEPTION SETBACK DEVIATION.

AND AGAIN, WHAT HAS PRECIPITATED THIS IS THE CITY HAS GONE IN AND DONE A REPLAT OF 4 PROPERTIES, AND 3 OF THE 4 HAVE SOME ENCROACHMENTS THAT ARE NON-CONFORMING TO OUR SETBACK REQUIREMENTS.

AND THIS SHOWS YOU WHERE THEY ARE, THE FRONT ON THE FRONT OF THE HOUSE AND THEN ON THE SIDE OF THE HOUSE.

17 PROPERTY OWNERS WERE NOTIFIED. WE DID NOT RECEIVE ANY RESPONSES TO MY KNOWLEDGE.

DO YOU HAVE ANY QUESTIONS? JUST TO CLARIFY, THE HOMES WERE OBVIOUSLY BUILT IN THE 60S AND THE CURRENT, I GUESS, CODES. CORRECT. THAT'S WHY I MEAN, THE CURRENT CODES IS WHY THEY DON'T COMPLY.

CORRECT. THEY WERE PROBABLY BUILT TO THE STANDARDS AT THE TIME WHEN THEY WERE BUILT.

BUT NOW AS WE'RE GOING THROUGH FINDING SURVEYS THAT WE HAVE SOME NON-CONFORMING SETBACKS.

PERFECT. THANK YOU. THROUGH NO FAULT OF THE PROPERTY.

OF THE PROPERTY OWNER OR THE DEVELOPER. OKAY.

THANK YOU. SO THIS IS AN ACTION ITEM FOR APPROVAL OR DENIAL OF THE VARIANCE REQUEST.

ARE THEY MAKING UPDATES TO THE PROPERTY? NOT TO MY KNOWLEDGE, NO.

THIS JUST AGAIN THIS GOT INITIATED. THE CITY'S TRYING TO DO A LITTLE BIT OF A CLEANUP.

WE HAVE A VACANT LOT WHERE THE WATER TOWER USED TO BE AT 17.

I BELIEVE IT'S 1705. NO, 1707. 1707. THANK YOU.

SAMER. MR. MOHAMED AND TO CLEAN IT UP. THE CITY'S TAKEN THE INITIATIVE TO REPLAT ALL 4 LOTS.

ALL 4 PROPERTIES. AND WE'RE TAKING THE INITIATIVE THAT IF ANY OF THEM HAD NON-CONFORMING SETBACKS, WE'RE DOING THE SPECIAL EXCEPTION PROCESS FOR THE PROPERTY OWNERS AT NO COST TO THEM.

AND I NOTICE WE'VE GOT IT POSTED ON THE AGENDA FOR A PUBLIC HEARING.

WE MAY NOT HAVE TO HAVE ONE BY LAW. BUT SINCE WE HAVE IT POSTED, LET'S HAVE THE PUBLIC HEARING.

SO, DANNY, IF YOU'LL OPEN AND CLOSE THE PUBLIC HEARING WHENEVER YOU'RE READY TO DO THAT.

WE'RE GOING TO PUBLIC HEARING NOW AT 3:35. ANY MORE QUESTIONS? YOU'LL NEED TO COME UP. ALL THEM HOUSES THAT WERE BUILT IN 1973, FROM WHAT I UNDERSTAND.

RIGHT. AND THEY WERE ALL BUILT AT THE SAME TIME BECAUSE I THINK MR. HUBBARD, I MEAN, HE'S LONG PASSED AWAY. HE'S THE ONE THAT BUILT ALL 3.

AND THAT USED TO BE COLLEGE BARRACKS WHERE THOSE HOUSES WERE BUILT ON.

THAT WAS PART OF THE COLLEGE AT ONE TIME. LEARN SOMETHING NEW.

[00:05:02]

ANY OTHER COMMENTS? NO. MR. CHAIRMAN, I APPROVE.

I MOTION TO APPROVE BOA- 25-0007. SECOND. I'LL SECOND.

SECOND. BY BUSTER. ALL IN FAVOR, SAY AYE. AYE.

MOTION PASSES. OKAY. NEXT ITEM. ITEM NUMBER 3 IS

[ITEM 3: BOA-25-0008 - A request by the City of Decatur, on behalf of Ricky T Fennewald, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, "Zoning," Section 4.3.7, "Special Exceptions," regarding an existing front yard and an existing side yard setback for the property located at 1703 S Hatcher 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 5, "Zoning Districts," Section 5.1, "Zoning Districts Established," Subsection 5.1.3, "SF-2, Single-Family District," D., "Area Regulations," (1), "Size of Yards," (a), "Minimum Front Yard," to allow the existing single-family structure to encroach 7.1 feet into front setback along S Hatcher Street; and a Special Exception request to the City of Decatur Code of Ordinances, Article 7 "Development Standards," Subsection 7.6.1 "Accessory Buildings and Structures in Residential Districts," (B) Side Yard, to allow an existing metal building (accessory structure) in the rear of the property to encroach 2.9 feet into the side yard.]

AGAIN, THE REPLAT APPLICATION INITIATED THE SPECIAL EXCEPTION REQUIREMENT FOR AN EXISTING RESIDENTIAL STRUCTURE REQUESTING A FRONT YARD ENCROACHMENT OF 7.1FT AND A SIDE YARD ENCROACHMENT FOR AN ACCESSORY STRUCTURE IN THE REAR OF 2.9FT.

SO AGAIN, LEGALLY, THE BOARD OF ADJUSTMENTS CAN GRANT OR DENY THE THE SPECIAL EXCEPTION REQUEST.

NO HARDSHIP IS REQUIRED FOR THIS SPECIAL EXCEPTION.

THIS SHOWS YOU WHERE THE NON-CONFORMING SETBACKS ARE.

IT'S A LITTLE METAL BUILDING IN THE BACK OF THE PROPERTY, AND THEN THE EXISTING STRUCTURE HAS A FRONT SETBACK DEVIATION.

15 PROPERTY OWNERS WERE NOTIFIED. WE'VE RECEIVED NO RESPONSES.

WE'RE HERE FOR ANY QUESTIONS. AND ACTION IS REQUIRED.

WE'RE GOING TO OPEN HEARING AT 3:38. 3:37. ANY QUESTIONS? ANOTHER QUESTION. THE METAL BUILDING IN BACK OF THAT IS A PORTABLE BUILDING.

YOU'LL NEED TO. I GOT A TORN LIGAMENT. I'M SORRY.

THE METAL BUILDING ON THE BACK OF THAT CORNER.

THE CIRCLE THAT IS A PORTABLE BUILDING. I CAN MOVE THAT ANYTIME.

SO IT'S JUST BACK THERE. KIND OF TEMPORARY TILL I MOVE IT.

AND IS IT A IS THERE A FOUNDATION? NO. OH, NO NO NO NO, IT'S ONE OF THOSE YOU CAN TAKE APART.

OKAY. A FRIEND OF MINE DESIGNED IT WHERE YOU CAN TAKE IT APART AND SECTIONS.

PUT IT BACK UP AND AND MOVE IT IF YOU HAD TO.

HOW LONG HAS IT BEEN THERE? OH, I DON'T KNOW.

PROBABLY 15 YEARS. OKAY, PERFECT. THANK YOU. DOES THIS REQUEST INVOLVE MOVING THAT? WE'RE NOT. WE'RE NOT REQUIRING THE GENTLEMAN MOVE THAT BUILDING.

IF HE WANTS TO LEAVE IT THERE, IT CAN REMAIN WITH THIS SPECIAL EXCEPTION REQUEST.

OKAY. ANY FURTHER QUESTIONS? WANT TO CLOSE HEARING AT 3:38.

MR. CHAIRMAN, I MOVE TO APPROVE BOA-25-0008. OKAY.

DO WE HAVE A SECOND? I WILL SECOND THE REQUEST.

ALL IN FAVOR, SAY AYE. AYE. MOTION PASSES. ON THE NEXT ONE.

SAMER MOHAMED IS THE PROPERTY OWNER, SO IF YOU'LL JUST.

I'LL RECUSE MYSELF FROM ANY DISCUSSION OR ACTION.

OKAY, THANKS. THANK YOU. SO OKAY, SO ITEM NUMBER 4R,BOA-25-0009 FOR 1705 SOUTH HATCHER STREET.

[ITEM 4: BOA-25-0009 - A request by the City of Decatur, on behalf of Samer and Katrina Mohamed, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, "Zoning," Section 4.3.7, "Special Exceptions," regarding an existing front yard for setback for the property located at 1705 S Hatcher 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 5, "Zoning Districts," Section 5.1, "Zoning Districts Established," Subsection 5.1.3, "SF-2, Single-Family District," D., "Area Regulations," (1), "Size of Yards," (a), "Minimum Front Yard," to allow an existing single-family structure encroach 11.3 feet into the front yard setback along S Hatcher Street.]

AND THAT'S THE ONLY PORTION OF THAT PROPERTY THAT HAS ANY NON-CONFORMING SETBACKS.

18 PROPERTY OWNERS HAVE BEEN NOTIFIED. WE'VE RECEIVED NO RESPONSES TO MY KNOWLEDGE.

WE'RE HERE FOR ANY QUESTIONS. AND IT IS AN ACTION ITEM.

ANY QUESTIONS FROM THE COMMITTEE? OKAY. WE'RE GOING TO OPEN HEARING AT 3:40.

ANY QUESTIONS FROM THE AUDIENCE? OKAY. WE'LL GO INTO OPEN HEARING AT 3:40.5.

I WILL HAPPILY MAKE A MOTION TO APPROVE BOA-25-0009.

HAVE A SECOND. SECOND. ALL IN FAVOR, SAY AYE.

AYE. MOTION PASSES. YOUR LAST ITEM IS ITEM NUMBER 5 FOR FUTURE BUSINESS.

[ITEM 5: New and/or future business items. a. As of the agenda posting, the meeting on Monday, December 15, 2025, currently has one (1) BOA application. The application deadline was Monday, November 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.)]

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OKAY. ALL FOR TODAY.

AT 3:41.

* This transcript was compiled from uncorrected Closed Captioning.