May 18, 2026 Zoning Board of Adjustment

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GREAT. ALL RIGHT. WE'LL CALL THE MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER AT 3:30 P.M.

AND THE FIRST THING WE'RE GOING TO DO IS HAVE A MOMENT OF SILENCE FOR MR. SHAUN DAVIE. AND YOU WANT TO SPEAK? YEAH. THANK YOU, MR. CHAIRMAN. I'M GLAD YOU RECOGNIZED THAT MOMENT.

I KNOW IT'S NOT AN AGENDA ITEM TECHNICALLY, BUT I THINK A MOMENT OF SILENCE AT THE FIRST MEETING PAST SHAUN'S FUNERAL SERVICES WOULD BE MOST APPROPRIATE.

AS A FRIEND, AS A COLLEAGUE, SOMEONE WHO SERVED THIS BOARD OF ADJUSTMENT AS AN ALTERNATE MEMBER AND WAS A REGULAR SEATED MEMBER OF THE BUILDING STANDARDS COMMISSION.

SO I THINK IT'S MOST APPROPRIATE THAT WE OBSERVE THAT MOMENT OF SILENCE RIGHT NOW IF THE BOARD SO ALLOWS.

THANK YOU.

THANK YOU, MR. CHAIRMAN. THANK YOU SIR. ALL RIGHT.

WE WILL START WITH THE. AN OPEN FORUM FOR ANY CITIZENS THAT WOULD LIKE TO COMMENT ON ANY ITEM ON OUR AGENDA TODAY.

AND IF YOU WOULD LIKE TO HOLD YOUR COMMENTS FOR WHEN THAT ITEM IS BEING TALKED ABOUT, THAT WILL BE JUST FINE TOO.

ALL RIGHT. WELL THEN WE WILL OPEN OUR FIRST PUBLIC HEARING AT 3:31 AND WE WILL DISCUSS BOA-26-0006,

[III.1. BOA-26-0006 – A request by Kim Ann Evans, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.7, “Special Exceptions,” regarding setbacks for a shed structure to be replaced on the property described as a 0.123-acre parcel of land, addressed as 503 S Miller Street. The request is for a Special Exception to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Article 7, “Accessory Structure Regulations,” Section 7.6.1, “Accessory Buildings and Structures in Residential Districts,” Subsection C, “Rear Yard,” to allow the replacement of an existing nonconforming shed structure to encroach 7.4 feet into the rear yard, outside of the minimum rear yard requirement of ten feet (10’).]

AND WE'LL TURN THIS OVER TO LISA TO GIVE US OUR STAFF REPORT.

YES, SIR. LISA HANNON, PLANNING DIRECTOR FOR THE RECORD, WILL ENTER OUR STAFF REPORT INTO THE RECORD IN ITS ENTIRETY BY REFERENCE.

SO THIS IS A SPECIAL EXCEPTION REQUEST BY MISS KIM EVANS, THE PROPERTY OWNER.

SHE HAS AN EXISTING SHED STRUCTURE THAT SHE'S REQUESTING TO REMOVE AND REPLACE.

IT DOES REQUIRE A 10-FOOT REAR YARD SETBACK, AND SHE IS REQUESTING A 2.6FT REAR YARD SETBACK WOULD ALLOW THAT SHED TO ENCROACH 7.4FT INTO THAT REAR YARD. SO THE EXISTING SHED LOOKING AT THE GOOGLE EARTH AERIALS SEEMS TO BE IN PLACE SINCE AT LEAST 2015. THE PROPERTY OWNER PURCHASED THE PROPERTY IN 2017, SO THE SHED WAS THERE, SO THE PREVIOUS SHED WAS EXISTING NON-CONFORMING.

AGAIN, THE REQUIRED REAR SETBACK IS 10-FOOT, AND IT WOULD ENCROACH 7.4FT INTO THE YARD, REMOVING AND REPLACING LIKEWISE.

IT'S. AS YOU CAN SEE FROM THE SURVEY, IT'S A PRETTY SMALL BACKYARD.

IF SHE WERE TO MOVE IT CLOSE THE TEN. MEETING THE 10-FOOT REAR YARD SETBACK, SHE WOULD PLACE THE SHED BASICALLY UP AGAINST THE BACK OF THE HOUSE.

THE NEW SHED WOULD BE COMPLIANT WITH ALL THE CURRENT BUILDING CODES.

THERE IS A PERMIT IN HOUSE AT THIS TIME UNDER REVIEW.

SO THE TEXAS LOCAL GOVERNMENT CODE ALLOWS FOR SUCH VARIATIONS.

A FINDING FOR SPECIAL EXCEPTIONS. A FINDING OF HARDSHIP IS NOT REQUIRED.

AND A SPECIAL EXCEPTION CAN BE AUTHORIZED FOR THE RECONSTRUCTION OF A NON-CONFORMING STRUCTURE.

SHE'S NOT EXPANDING IT IN ANY WAY. 22 PROPERTY OWNERS WERE NOTIFIED.

WE DID NOT RECEIVE ANY RESPONSES. BACK AND DEVELOPMENT SERVICES STAFF RECOMMENDS APPROVAL OF THIS BOARD OF ADJUSTMENT APPLICATION 26-0006. I'M HERE IF YOU HAVE ANY QUESTIONS FROM THE BOARD.

ALL RIGHT. THANK YOU LISA. DO WE HAVE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS ISSUE? ALL RIGHT. AND WE WILL CLOSE THE PUBLIC HEARING AT 3:34.

AND IF ANYONE ON THE BOARD HAS A QUESTION OR COMMENT, PLEASE.

I'M GLAD TO HEAR IT NOW. ALL RIGHT. YOU MIGHT HAVE SEEN IT.

DID YOU DRIVE BY IT? I DID NOT. I DROVE BY IT.

AND THAT SHED THAT WAS BUILT PRIOR TO THE OWNER MOVING IN THERE IS COMPLETELY FALLING APART.

AND IT. IT NEEDS TO BE REPLACED. OKAY. VERY GOOD.

IF THERE ARE NO OTHER COMMENTS. AND BY THE WAY, THIS ACTION ITEM WOULD BE FOR THE NEW SHED ONLY.

YES, SIR. AS LONG AS IT EXISTS, BUT WOULD NOT PERMANENTLY CHANGE THE REAR YARD SETBACK ITSELF.

THAT IS CORRECT. YES, SIR. OKAY. I WOULD ENTERTAIN A MOTION.

MOTION

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WAS THAT A MOTION TO. WAS THE MOTION TO APPROVE? YES. OKAY. THANK YOU. CORRECT. MR. BUSTER THAT WAS A MOTION TO APPROVE, RIGHT? YES. OKAY. YES. JUST TO CONFIRM. ALL RIGHT. SO I'LL OPEN UP THE NEXT PUBLIC HEARING AT 03:35,

[III.2. BOA-26-0007 – A request by Chad Harvey, on behalf of Bullseye Joint Ventures, LLC, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.6, “Variances,” regarding setbacks for a new structure on the property described as a 0.50 acre parcel, Lot 1R, Block 15, Range “B”, Devereaux Addition, addressed as 100 S Washburn 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 5.1.11, “C-2, Thoroughfare Business District,” Subsection D, “Area Regulations,” (1) Size of Yards, (a) Minimum Front Yard: Twenty-five feet (25’), to allow a new structure have a front yard setback of ten feet (10’) along S Terrell Street, instead of a twenty-five foot (25’) setback, as required in the C-2 Thoroughfare Business District requirements.]

YES, SIR. LISA HANNON, PLANNING DIRECTOR, WILL ENTER OUR STAFF REPORT FOR THIS ITEM INTO THE RECORD IN ITS ENTIRETY BY REFERENCE.

SO THIS IS A VARIANCE REQUEST BY THE PROPERTY OWNER FOR 100 SOUTH WASHBURN STREET.

THE PROPERTY. THE OLD GAS STATION HAS BEEN DEMOLISHED AND THEY'RE PROPOSING NEW COMMERCIAL DEVELOPMENT.

SO THAT'S WHY IT'S A VARIANCE VERSUS A SPECIAL EXCEPTION.

THIS IS FOR NEW CONSTRUCTION. SO THE PROPERTY HAS THREE STREET FRONTAGES.

IT'S. FACES SOUTH TERRELL, WEST MAIN AND SOUTH WASHBURN STREET, AND THE ZONING ORDINANCE REQUIRES A 25-FOOT FRONT OR STREET YARD SETBACK. SO THAT WOULD APPLY TO ALL STREETS.

THE ZONING CODE DOESN'T ADDRESS SITES WITH THREE FRONTAGES THAT WOULD ALLOW YOU TO PICK ONE OF TWO TO BE A SIDE YARD SETBACK, BUT IT DOESN'T ALLOW IT DOESN'T SPEAK TO IT ON THREE STREET FRONTAGES.

SO THE VARIANCE IS REQUIRED TO REDUCE THE STREET FRONTAGE ALONG ONE STREET, WHICH WOULD BE THE SOUTH TERRELL STREET.

YOU CAN SEE THIS CONCEPTUAL SITE PLAN. SO SOUTH TERRELL WOULD THEN BE THE REAR YARD FOR THE DEVELOPMENT.

SO THE TEXAS LOCAL GOVERNMENT CODE ALLOWS THE BOARD OF ADJUSTMENTS TO AUTHORIZE THESE VARIATIONS AND CRITERIA MUST BE MET FOR A VARIANCE REQUEST.

SO CRITERIA NUMBER ONE, THAT THE VARIATION IS NOT CONTRARY TO PUBLIC INTEREST.

SO THIS IS NEW DEVELOPMENT. THE REAR OF THE BUILDING IS GOING TO FACE SOUTH TERRELL STREET.

THEY'LL HAVE NEW INGRESS EGRESS POINTS THAT ARE FURTHER AWAY FROM THAT INTERSECTING RIGHT OF WAY AT WASHBURN AND MAIN STREET.

TXDOT HAS RE HAS REQUESTED THAT THEY RELOCATE ALL THE INGRESS EGRESS FOR THIS PROPERTY FURTHER AWAY FROM THAT.

SO THAT'S GOING TO ENHANCE VEHICULAR AND PEDESTRIAN SAFETY IN THAT AREA.

CRITERIA NUMBER 2. THE VARIATION IS DUE TO SPECIAL CONDITIONS.

IT IS NEW DEVELOPMENT. AND THE SPECIAL CONDITION IS THIS PROPERTY ABUTS THREE STREETS.

AND THE ZONING ORDINANCE DOES NOT ADDRESS MULTIPLE STREET FRONTAGES MORE THAN TWO CRITERIA.

NUMBER 3, THE LITERAL ENFORCEMENT COULD RESULT IN UNDUE HARDSHIP SINCE THE CODE REQUIRES 25-FOOT SETBACK.

IF THEY HAD TO MOVE THE BUILDING IN ANOTHER 15FT TO MEET 25FT ALL THE WAY AROUND, THAT WOULD RESULT IN THE PROPERTY OWNER.

RESULT IN A LOSS OF DEVELOPABLE AREA. AND CRITERIA NUMBER 4 SPIRIT OF THE ORDINANCES OBSERVED IN SUBSTANTIAL JUSTICE IS DONE. SO SINCE IT IS NEW DEVELOPMENT WITH A UNIQUE PROPERTY WITH THREE STREET FRONTAGES, THE REQUEST IS THE MINIMUM MODIFICATION TO AFFORD RELIEF FOR THIS PROPERTY OWNER AND DEVELOPMENT OF THIS COMMERCIAL PROPERTY.

SO APPROVAL OF THE VARIANCE THE SPIRIT WOULD BE OBSERVED AND JUSTICE WOULD BE DONE ON THIS.

15 PROPERTY OWNERS WERE NOTIFIED. NO RESPONSES WERE RECEIVED.

STAFF IS RECOMMENDING APPROVAL OF THE REQUEST.

ALL RIGHT. THANK YOU LISA. ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THIS ITEM? ALL RIGHT THEN WE WILL CLOSE OUR HEARING AT 3:39.

PUBLIC HEARING. AND NOW I INVITE QUESTIONS, COMMENTS.

ARE THERE ANY BUSINESSES ON TERRELL STREET, OR IS THAT THE STREET THAT GOES UP TO HOLMES AUTO PARTS THERE? I THINK THERE'S ONE BUSINESS YOU CAN SEE DOWN AT THE CORNER.

IF YOU'LL SEE THE LIGHT PINK.

THAT'S JUST GOING TO BE THE BACK OF THE BUILDING.

THAT IS HOLMES THAT THAT LOT YOU'RE REFERRING TO IS HOLMES ISN'T IT? I DIDN'T EVEN KNOW THERE WAS A TERRELL STREET THERE. I HAVE TO CONFESS, I DIDN'T EITHER. IT LOOKS LIKE AN ALLEY.

I HATE TO APPEAR IGNORANT, BUT DIDN'T HAVE A CHOICE. AND IF THAT WASN'T ALLEY, THEN IT WOULD BE THE SAME.

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OKAY. SO BUT IT IS A NAMED STREET. SO IT IS A STREET FRONT.

SO THAT'S THEREFORE WHY THEY HAVE TO BRING THIS IN FOR A VARIANCE.

IS THAT THAT WHICH ONE? YOU I THAT I DON'T KNOW. OKAY. I'M STILL LEARNING EVERYTHING AROUND HERE.

[LAUGHTER]. I DON'T KNOW WHICH BUSINESS THAT IS. WHERE THEY THIS LOT IS WHERE THEY HAVE THE CAR DETAIL OKAY. IS THIS WHERE HUDSON USED TO BE? OKAY. YEAH.

SO IF THERE WAS NOT A STREET OR AN ALLEY BEHIND IT, THEN THE TYPICAL REAR YARD SETBACK WOULD BE 10-FEET.

YES. THAT'S THE SPIRIT OF WHAT WE'RE DOING NOW.

YES, SIR. OKAY. COMMENTS, QUESTIONS. I THINK THE BOTTOM LINE IS FIXING TO APPROVE THAT AREA IMMENSELY.

WELL SAID. ALL RIGHT. I WOULD ENTERTAIN A MOTION.

TO APPROVE. APPROVE. ALL RIGHT. WE HAVE A MOTION FROM DANNY.

SECOND. I WILL SECOND. SECOND FROM MASON. ALL THOSE IN FAVOR, SAY AYE.

AYE. ANY OPPOSED? HEARING NONE. THAT ITEM IS ALSO APPROVED.

EXCITED ABOUT WHAT THAT'S GOING TO LOOK LIKE. IT'S A COMMERCIAL BUILDING.

I THINK IT'S A FINANCIAL INSTITUTION. THAT'S A BUSY CORNER.

[V. CONSENT AGENDA ITEMS]

AND THIS IS A LITTLE BIT OF A NEW AGENDA STRUCTURE.

WE WILL TODAY WE JUST HAVE APPROVAL OF OUR MINUTES FROM LAST MEETING IN THERE.

ON OCCASION, WE MAY HAVE MORE THAN THAT. BUT THE NATURE OF A CONSENT AGENDA IS TO PUT THINGS THAT ARE ROUTINE IN NATURE AND DON'T REQUIRE US TO TAKE ACTION INDIVIDUALLY.

SO I WOULD ASK FOR A MOTION FOR OUR AGENDA ITEM, OUR CONSENT AGENDA TODAY.

ALL RIGHT. WHICH IS ACTUALLY OUR CONSENT AGENDA.

I GUESS TECHNICALLY. OKAY. MOTION FROM DANNY.

WE HAVE A SECOND. SECOND FROM BUSTER. ALL THOSE IN FAVOR, SAY AYE.

AYE. ANY OPPOSED? ALL RIGHT. OUR CONSENT AGENDA IS APPROVED.

AND THEN FINALLY, OUR NEXT BOARD MEETING IS SET FOR JUNE 15TH.

[VI. FUTURE AGENDA ITEMS]

BUT WE STILL HAVE TIME TO GET THEM ON THERE SO.

IN THE DEADLINE, LIKE TODAY. YEAH. OKAY. SO ALL RIGHT. VERY GOOD. WELL, WE STAND ADJOURNED AT 3:43.

THANK YOU ALL.

* This transcript was compiled from uncorrected Closed Captioning.