Jul 20, 2026 Zoning Board of Adjustment

SO WE CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER.

[00:00:05]

YEAH.

[LAUGHTER]. I'LL BE OFF BALANCE CITY MANAGER YOU PREPARED TO SAY ANYTHING AT THIS MEETING? YEAH. ALL RIGHT. WELL, WE'LL START WITH YOU. MR. CHAIRMAN AND BOARD OF ADJUSTMENTS. I THINK IT WOULD BE MOST APPROPRIATE IF WE TOOK JUST A MOMENT OF SILENCE TO RECOGNIZE THE PASSING OF MS. DEDRA RAGLAND, WHO SERVED OUR COMMUNITY FOR OVER 20 YEARS.

AND SO AT THIS TIME, IF THE BOARD WOULD SO ALLOW, THE STAFF AND VISITORS WOULD JOIN US, I THINK IT'D BE APPROPRIATE TO TAKE JUST A MOMENT OF SILENCE. VERY GOOD. LET'S TAKE A MOMENT OF SILENCE.

THANK YOU VERY MUCH. THANK YOU CAN I TALK ABOUT PAM A MINUTE, OR DO YOU WANT TO TALK ABOUT PAM? PAM I DON'T WANT TO WASTE ALL THIS TALK IF YOU'RE NOT LISTENING. [LAUGHTER] NO, I'M HERE.

I'M LISTENING. SO PAM IS ONLINE WITH US. PAM IS.

WE'RE IN THE PRESENCE OF THE PROSECUTOR OF THE YEAR AS NAMED BY THE TEXAS MUNICIPAL COURT ASSOCIATION.

SHE RECEIVED THAT AWARD WITHIN THE PAST COUPLE OF WEEKS DOWN IN AUSTIN.

SO I THINK A ROUND OF APPLAUSE WOULD BE MOST APPROPRIATE.

ABSOLUTELY. [APPLAUSE]. CONGRATULATIONS, PAM.

THANK YOU. WE'RE GLAD YOU'RE PART OF OUR FAMILY.

YOU CAN BE A BIG DOG IN THE STATE OF TEXAS, BUT WE'RE GLAD YOU'RE IN DECATUR [LAUGHTER]. SO AM I.

ALL RIGHT. WE WILL MOVE INTO OUR AGENDA. AND WE WILL OPEN THE PUBLIC HEARING AT 3:32 REGARDING

[III.1. 1. BOA-26-0008 – A request by Debra Jackson, property owner, pursuant to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Section 4.3.7, “Special Exceptions.” 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 6.0 feet, outside of the minimum front yard setback requirement of twenty-five foot (25’) per the SF-2 residential area regulations; and (b), “Minimum Side Yard,” to allow the existing single-family structure to encroach 3.98 feet, outside of the minimum setback requirement of ten (10) percent of the lot width, but not less than five (5) feet per the SF-2 regulations; and (b), “Minimum Side Yard,” to allow the existing single-family structure to encroach 3.0 and 3.1 feet, outside of the platted 10 foot build line on East Prince Street; and a Variance Request to the City of Decatur Code of Ordinances, Article 7, Development Standards, Section 7.6, Accessory Regulations, Subsection 7.6.5, Carports, A. Residential Use, (1) Front Yard, to allow a new carport to be constructed that encroaches 20 feet, outside of the minimum front yard setback requirement of twenty-five foot (25’) per the Accessory Structure, Carports regulations; for the property located at 1300 S Hatcher Street, Decatur, Texas.]

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

SO I NEED TO MOVE FORWARD WITH THE SLIDES OKAY, SO THIS IS A TWO-PART APPLICATION BOARD OF ADJUSTMENTS CASE 26-0008 FOR 1300 SOUTH HATCHER STREET. SO THE PROPERTY, IT'S AN EXISTING SINGLE-FAMILY STRUCTURE.

A REPLAT IS IN PROCESS. AND SO SETBACK ENCROACHMENTS WERE DISCOVERED DURING THE PLATTING PROCESS WHICH WILL REQUIRE SPECIAL EXCEPTIONS.

IN ADDITION, THE PROPERTY OWNER IS REQUESTING A NEW CARPORT WHICH WILL REQUIRE A VARIANCE THAT IS GOING TO SET US UP FOR A TWO PART ACTION ON THIS APPLICATION. SO LET'S START WITH THE ENCROACHMENT SPECIAL EXCEPTIONS.

THE PROPERTY WAS CONSTRUCTED IN 1957. SO WE HAVE A FRONT YARD SETBACK OF 19FT INSTEAD OF 25FT, WHICH IS A 6 FOOT ENCROACHMENT INTO THE FRONT YARD.

WE HAVE A SIDE YARD SETBACK ON THE SOUTH SIDE OF THE PROPERTY IN BETWEEN THE TWO PROPERTIES.

IT'S SET BACK AT 3.5FT INSTEAD OF 7.48FT, AND THAT ENCROACHES 3.98FT.

AND THEN THERE'S A ENCROACHMENT ALONG THE SIDE YARD, WHICH IS THE SECONDARY STREET FRONT ALONG PRINCE STREET THAT HAS A PLATTED TEN FOOT BUILD LINE. AND THE EXISTING STRUCTURE, THANK YOU EXISTING STRUCTURE ENCROACHES 3 FEET AND 3.1FT, RESPECTIVELY.

IT HAS 7 FOOT AND A 6.9FT AT THAT PLAT OR INTO THAT PLATTED BUILD LINE.

SO ACCORDING TO THE TEXAS LOCAL GOVERNMENT CODE, THESE DEVIATIONS CAN BE MADE.

THE BOARD MAY APPROVE ANY SPECIAL EXCEPTIONS ON AN EXISTING STRUCTURE, AND NO HARDSHIP FINDINGS ARE REQUIRED FOR SPECIAL EXCEPTIONS.

[00:05:04]

SO IT IS A FRONT YARD SETBACK FOR THE ACCESSORY STRUCTURE.

SO THEY'RE REQUESTING THAT THE CARPORT SETBACK 5 FEET FROM THE FRONT PROPERTY LINE INSTEAD OF 25FT. SO IT WOULD ENCROACH 5 FEET INTO THE FRONT YARD SETBACK AND ALSO ENCROACH 5 FEET INTO THE 10 FOOT UTILITY AND DRAINAGE EASEMENT. SO FOR VARIANCES THERE ARE HARDSHIP CRITERIA THAT NEED TO BE MET.

I KNOW THIS IS A LITTLE LONGER OF A SLIDESHOW THAN I NORMALLY DO, BUT WE NEED TO GO OVER ALL THESE CRITERIA.

SO THE BOARD HAS A GOOD PICTURE OF THE REQUEST.

SO I'LL READ THE FIRST CRITERIA THAT IN ORDER TO GRANT A VARIANCE, THE BOARD OF ADJUSTMENT SHALL MAKE FINDINGS THAT AN UNDUE HARDSHIP EXISTS USING THE FOLLOWING CRITERIA. FINANCIAL COST OF COMPLIANCE IS GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE.

THIS CRITERION IS NOT APPLICABLE AS NO STRUCTURE NEEDS TO BE BROUGHT INTO COMPLIANCE.

THIS IS A REQUEST FOR A NEW CARPORT. THE SECOND PART OF THIS CRITERIA, COMPLIANCE WOULD RESULT IN LOSS TO THE LOT ON WHICH THE STRUCTURE IS LOCATED, OF AT LEAST 25% OF THE AREA ON WHICH THE DEVELOPMENT MAY PHYSICALLY OCCUR.

SO THE PROPOSED CARPORT IS ABOUT 200FT². WHEN YOU DIVIDE THAT BY THE 11,226FT² OF THE LOT, IT MAKES THE AREA OF THE CARPORT 0.18% OF THE TOTAL LOT AREA, WHICH IS BELOW THAT 25%.

SO IF THE VARIANCE WAS DISAPPROVED, IT WOULD NOT RESULT IN A LOSS OF MORE THAN 25% OF THE LOT AREA TO BE DEVELOPED.

THE THIRD PORTION OF THIS CRITERIA, COMPLIANCE WOULD RESULT IN THE STRUCTURE NOT BEING IN COMPLIANCE WITH THE REQUIREMENT OF A MUNICIPAL CODE, BUILDING CODE, OR OTHER REQUIREMENT. THIS VARIANCE REQUEST IS TO CONSTRUCT A NEW CARPORT, NOT AN EXISTING STRUCTURE.

THE LOCATION OF THE PROPOSED CARPORT PLACES IT IN THE FRONT SETBACK.

THE REQUIRED SETBACK IS 25FT. IN ORDER TO BE COMPLIANT, THE CARPORT WOULD HAVE TO BE RELOCATED SOMEWHERE ELSE OR SHRUNK DOWN.

WITH THE STRUCTURE HAVING AN EXISTING NON-CONFORMING SETBACK OF 19FT, IT WOULD BE RATHER DIFFICULT TO COME INTO COMPLIANCE WITH A 25 FOOT SETBACK FOR A CARPORT AT THIS LOCATION. AND THE FOURTH PART OF THIS COMPLIANCE WOULD RESULT IN UNREASONABLE ENCROACHMENT ON AN ADJACENT PROPERTY OR EASEMENT. THE CARPORT DOES NOT ENCROACH ON ANY ADJACENT PROPERTY.

HOWEVER, IT DOES ENCROACH 5 FOOT INTO THE 10 FOOT UTILITY EASEMENT.

AND IF A VARIANCE IS APPROVED, AN EASEMENT ENCROACHMENT AGREEMENT WILL BE REQUIRED THROUGH THE PUBLIC WORKS DEPARTMENT.

AND THE FIFTH PART OF CRITERIA #1, THE CITY CONSIDERS THE STRUCTURE TO BE A NON-CONFORMING STRUCTURE.

SINCE IT'S NOT EXISTING, IT'S A NEW STRUCTURE THAT IS PROPOSED TO BE CONSTRUCTED.

IF THE VARIANCE IS APPROVED, IT WOULD BE CONSIDERED LEGALLY NON-CONFORMING.

CRITERIA #2. SELF-INFLICTED HARDSHIP. A VARIANCE SHALL NOT BE GRANTED TO RELIEVE A SELF CREATED OR PERSONAL HARDSHIP.

SO SINCE THE PROPERTY OWNER IS REQUESTING TO CONSTRUCT A NEW CARPORT THAT DOES NOT MEET OUR ZONING ORDINANCE, AS FAR AS THE REGULATIONS OF THE SETBACK IT IS THE HARDSHIP IS SELF-INFLICTED.

THE VARIANCE SHALL NOT BE BASED SOLELY UPON ECONOMIC GAIN OR LOSS.

AND THE REQUEST IS TO CONSTRUCT A NEW CARPORT.

THERE ARE NO ECONOMIC GAIN IS ANTICIPATED. PERMIT OR ALLOW ANY A PERSON ANY PRIVILEGE ADVANTAGE IN DEVELOPING A PARCEL OF LAND NOT PERMITTED OR ALLOWED BY THIS ORDINANCE TO OTHER PARCELS OF LAND IN THE SAME PARTICULAR ZONING DISTRICT.

SO CARPORTS ARE PERMITTED, PROVIDED THAT THEY MEET ALL THE SETBACK REQUIREMENTS.

BUT ALL PROPERTY OWNERS DO HAVE THE RIGHT TO APPLY FOR A VARIANCE TO ANY OF OUR ZONING SETBACK REGULATIONS AND RESULT IN HARDSHIP UPON ANOTHER PARCEL OF LAND.

THE PROPOSED ACCESSORY CARPORT WILL NOT ENCROACH ONTO ANY OTHER PARCEL OF LAND, THEREFORE, IT WILL NOT RESULT IN UNDUE HARDSHIP UPON ANY NEIGHBORING PROPERTIES.

AND IN THIS AREA, FROM 2012, YOU CAN SEE WHERE THE ARROW IS.

AT ONE TIME THERE WAS A SMALL CARPORT AT THE FRONT OF THAT PROPERTY.

[00:10:04]

WE DID RECEIVE ONE RESPONSE AND THAT WAS IN FAVOR OF THE REQUEST.

SO WE'LL GO THROUGH OUR STAFF RECOMMENDATIONS AND THEN WE CAN GET INTO QUESTIONS.

AND THEN I'LL GIVE YOU THE PROPOSED ACTIONS. SO BASED ON OUR FINDINGS OF OUR STAFF REPORT, WE RECOMMEND APPROVAL OF THE SPECIAL EXCEPTIONS FOR THE EXISTING STRUCTURE.

HOWEVER, STAFF DOES NOT FIND THAT THE VARIANCE REQUEST FOR THE NEW CARPORT MEETS THE LITERAL CRITERIA OF HARDSHIP AS OUTLINED IN THE ZONING ORDINANCE.

THEREFORE, STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST FOR THE CARPORT.

HOWEVER, IF THE VARIANCE IS APPROVED, EASEMENT ENCROACHMENT AGREEMENT WILL BE REQUIRED WITH A FEW OTHER THINGS THAT ARE IN THE ACTION ITEMS. SO I'LL GO. WE'LL START WITH QUESTIONS AND SEE WHERE YOU WANT TO GO FROM HERE.

AND YOU DO HAVE THE PUBLIC HEARING OPEN. SO IF NOBODY ELSE WANTS TO SPEAK.

WELL. YEAH. WOULD THIS BE APPROPRIATE TO INVITE ANYBODY UP NOW THAT WANTS TO SPEAK? OKAY. IF ANYONE IN THE AUDIENCE WOULD LIKE TO SPEAK ON THIS ITEM, WE'LL INVITE YOU TO COME UP.

ALL RIGHT. OKAY. NOW, DO WE NEED TO GO OUT OF PUBLIC HEARING? YOU NEED TO CLOSE PUBLIC HEARING ALL RIGHT. WE WILL CLOSE THE PUBLIC HEARING AT 3:40 P.M.

AND SO I HAVE A QUESTION IN THIS UTILITY EASEMENT IN THE FRONT YARD.

IS THERE ANYTHING IN IT? THAT I DON'T KNOW. I HAVEN'T SEEN ANYTHING IDENTIFIED.

WE DO SEND THESE APPLICATIONS OUT TO ALL THE DEPARTMENTS.

I DIDN'T GET ANYTHING BACK FROM PUBLIC WORKS OR ENGINEERING SAYING THAT THERE WERE ANY UTILITIES IN THAT.

BUT IT IS A PLATTED EASEMENT. IT'S NOT PAVED OR THAT AREA WHERE APPARENTLY A CAR HAS BEEN PARKED.

I DON'T BELIEVE IT'S PAVED. NO, SIR. IT'S GRAVEL.

AND IF THE VARIANCE IS APPROVED AND IMPROVED, PARKING SURFACE UNDER THE CARPORT WILL BE REQUIRED BY THE BUILDING DEPARTMENT.

BUT NO CONCERNS THAT WE MIGHT BE COVERING UP A UTILITY.

THAT WOULD BE A PROBLEM FOR US. NOT TO MY NOT.

NOT TO MY KNOWLEDGE. OKAY. IF IT WAS IF IT'S APPROVED AND IT WAS THE CASE WHERE THE UTILITY DOES NEED TO COME IN.

ASSUMING THERE'S SOME VERBIAGE IN THE ENCROACHMENT AGREEMENT THAT SAYS THAT THE UTILITIES ARE ALLOWED TO DO THAT. CORRECT.

YES, SIR. VERY GOOD. OKAY. THE CITY MANAGER'S POINTED OUT. THEY'RE CENTER LINE AND ON THE EAST SIDE OF SOUTH HATCHER STREET.

SO THAT WOULD BE RIGHT AT THE EDGE. IT WOULD BE CENTER LINE OF SOUTH HATCHER.

OH. I'M SORRY. WON'T EVEN BE IN THE RIGHT OF WAY OR IN THAT EASEMENT AREA OF THE PROPERTY.

OKAY, OKAY. GREAT. THANK YOU. THERE IS UTILITY WORK GOING ON CURRENTLY ABOUT A BLOCK SOUTH OF THIS RESIDENCE.

OKAY. I'M NOT AWARE OF IT. I DON'T GET. I DON'T HAVE THAT INFORMATION.

WELL, THE ONLY WAY I'M AWARE OF IS THE STREET'S BEEN BLOCKED WHEN WE'RE RUNNING OUR MEALS ON WHEELS ROUTE THROUGH HATCHER STREET.

OKAY. BUT BUT THAT'S ALL IN THE CITY. I'M ALL IN THE STREET.

I DON'T THINK ANY OF THAT WAS IN WHAT LOOKS LIKE SOMEBODY'S FRONT YARD.

RIGHT IF YOU GO BACK TO ONE OF THOSE PICTURES, IT LOOKS LIKE THEIR NEIGHBOR DIRECTLY ADJACENT TO THEM.

1304 SOUTH HATCHER STREET. IT APPEARS THEY HAVE A CARPORT.

THAT WOULD BE VERY SIMILAR TO THE ONE THAT'S BEING PROPOSED.

FROM THE AERIAL PICTURES IT APPEARS. FROM THE AERIAL, AND YOU CAN SORT OF SEE ON THE LEFT SIDE OF WHERE THE ARROW IS, YOU CAN SEE A CARPORT. WHEN YOU DO LOOK AT THE AERIALS, IT DOES APPEAR YOU CAN SORT OF SEE IT ON THAT AERIAL TO THE SOUTH, THE WHITE. WE DON'T HAVE A SURVEY OF THAT PROPERTY, SO I DON'T KNOW HOW FAR IT SITS TOWARD THE PROPERTY FRONT PROPERTY LINE, BUT BASED ON THE AERIAL IT IS VERY CLOSE TO THE FRONT PROPERTY LINE.

IT'S A FULL-SIZED CARPORT. YEAH. I'LL TELL YOU WHAT.

CAN WE GO BACK AND ENTERTAIN A MOTION FOR THE SPECIAL EXCEPTIONS? YES, SIR. SO HERE IS YOUR ACTION. ACTIONS REQUIRED.

[00:15:01]

ALL RIGHT. DO I HAVE A MOTION? MOTION TO APPROVE.

DO WE ALL THREE AT THE SAME TIME? YES, SIR. YOU CAN APPROVE ALL THREE OF THESE AT THE SAME TIME.

TO MOVE THAT, WE APPROVE ALL THREE 1, 2 AND 3.

ALL RIGHT. WE HAVE A MOTION FROM MR. CROSS FOR APPROVAL OF THE SPECIAL EXCEPTIONS.

DO I HEAR A SECOND? CHANDLER. ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? HEARING NONE. THE SPECIAL EXCEPTIONS ARE APPROVED.

AND MOVING ON NOW TO THE VARIANCE REQUEST. YES, SIR.

SO THIS ACTION WOULD BE TO APPROVE OR DENY THE VARIANCE REQUEST TO ALLOW THE NEW CARPORT TO HAVE A FRONT YARD SETBACK OF 5 FEET INSTEAD OF 25FT, ENCROACHING 20FT INTO THE REQUIRED FRONT YARD, ENCROACHING 5 FEET INTO THE UTILITY AND DRAINAGE EASEMENT.

ALSO, THE CONDITIONS ARE. IF THE VARIANCE IS APPROVED, AN ENCROACHMENT AGREEMENT IS REQUIRED TO ALLOW THE CARPORT TO ENCROACH 5 FEET INTO THAT DRAINAGE AND UTILITY EASEMENT. AND IF THE VARIANCE IS APPROVED, PROPER BUILDING PERMITS ARE REQUIRED.

THE STRUCTURE WILL NEED WILL BE REQUIRED TO MEET ALL BUILDING STANDARDS FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, IMPROVED PARKING SURFACE, MINIMUM SLOPES AND SUPPORT OF THE STRUCTURE.

AND IT WILL REQUIRE A STRUCTURAL REVIEW. OKAY.

SO A MOTION TO APPROVE OR DENY WOULD INCLUDE ALL OF THOSE CITY REQUIREMENTS? YES, SIR. IF IT WAS A MOTION TO APPROVE. CORRECT.

SO I WOULD. IF IT'S A MOTION TO DENY, THEN THERE'S NOTHING ELSE TO SAY.

RIGHT. YEAH. THANK YOU. ALL RIGHT. I DO HAVE A QUESTION.

YES, SIR.

SO THIS IS A RECORDED CITY UTILITY EASEMENT. THE CITY UTILITIES ARE IN THE STREET.

NOT ON THIS. BEFORE ANYBODY DIGS OR TURNS DIRT IN ANY TYPE OF EASEMENT, THEY DO A CALL BEFORE YOU DIG A LOCATE. SO THOSE WOULD BE LOCATED BEFORE THEY START CONSTRUCTION.

AND IT CAN BE I MEAN IT CAN BE ADDRESSED AT THAT TIME AT THE DURING THE BUILDING PHASE AND THAT AND THEY WILL BE REQUIRED TO GET THAT EASEMENT ENCROACHMENT AGREEMENT WITH OUR PUBLIC WORKS DEPARTMENT AS WELL. I HOPE THAT ANSWERS YOUR QUESTION.

IT DOES. OKAY. THANK YOU. OKAY. ANYBODY WANT TO MAKE A MOTION ON THIS? WE HAVE A. WE HAVE A MOTION FROM MR. CHANDLER TO APPROVE THE VARIANCE REQUEST. DO I HEAR A SECOND TO THAT? SECOND YES. THAT'S HOW WE SEE IT. SO THIS WOULD INCLUDE EVERYTHING THAT THE CITY STAFF REQUIRES.

I HEARD A SECOND FROM MR. CROSS. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? SO THE BOARD HAS APPROVED THE VARIANCE REQUEST FOR THE CARPORT.

OKAY. WE'RE MOVING ON TO OUR CONSENT AGENDA. WE HAVE ONE ITEM ON THERE WHICH IS THE APPROVAL OF THE MINUTES FROM JUNE 15TH.

[V. CONSENT AGENDA ITEMS]

ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? CONSENT AGENDA IS APPROVED, AND THEN I KNOW THAT WE HAVE A PROPOSED MEETING ON AUGUST 17TH.

[VI. FUTURE AGENDA ITEMS]

NO, SIR. AND OUR SUBMITTAL DEADLINE WAS MONDAY THE 13TH, AND WE'VE NOT RECEIVED ANY APPLICATIONS.

SO WE WON'T HAVE ANOTHER BOA MEETING TILL SEPTEMBER NOW.

GREAT. WELL, FEEL FREE TO TAKE THE MONTH OF AUGUST OFF THEN.

[LAUGHTER] IF ONLY. THANK YOU. OH DARN IT. ALRIGHT WE.

[00:20:10]

THANK YOU ALL.

* This transcript was compiled from uncorrected Closed Captioning.