Call to Order ITEM 1: ITEM 2: ITEM 3: ITEM 4: CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax AGENDA (Zoning) Board of Adjustment Meeting* Monday, December 17, 2018, at 3:30 P.M. City Hall Council Chamber 201 E. Walnut Decatur, Texas 76234 Approval of October 15, 2018, Minutes. ZBA2018-20 The Board to consider and take action on the City of Decatur s request for a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (a) Minimum Front Yard: Twenty-five feet (25 ), to allow an existing monument sign to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along south State Street. The subject property is proposed as Lot 1R, Block 108 and Lot 1R, Block 119, South Decatur Addition (currently platted as part of Blocks 107, 108, 119, and 120, and two unopened streets, south State Street and Short Street, South Decatur Addition) and is more commonly referred to as 1601/1705 S. State St., City of Decatur, Wise County, Texas. ZBA2018-21 The Board to consider and take action on the City of Decatur s request for a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (c) Minimum Rear Yard: Ten feet (10 ), applicant is seeking to reduce the required rear yard setback from ten feet (10 ) to zero feet (0 ), a reduction of ten feet (10 ), along the eastern property line. The subject property is proposed as Lot 1R, Block 108 and Lot 1R, Block 119, South Decatur Addition (currently platted as part of Blocks 107, 108, 119, and 120, and two unopened streets, south State Street and Short Street, South Decatur Addition) and is more commonly referred to as 1601/1705 S. State St., City of Decatur, Wise County, Texas. ZBA2018-23 The Board to consider and take action on the Wise County Heritage Museum s request for a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (a) Minimum Front Yard: Twenty-five feet (25 ) to allow an existing monument/pole sign to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along Charles Street. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas.
ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ZBA2018-24 The Board to consider and take action on the Wise County Heritage Museum s request for a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (c) Minimum Rear Yard: Ten feet (10 ), to allow an existing tower to encroach four feet (4 ) into the required ten feet (10 ) rear yard setback, along the southern property line. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. ZBA2018-25 The Board to consider and take action on the Wise County Heritage Museum s request for a variance from the City of Decatur s Zoning Ordinance regarding side yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (b) Minimum Side Yard: Zero feet (0 ), (i) Where a commercial, retail, or other nonresidential use abuts upon a District boundary line dividing such District from a Residential District, a minimum ten (10) foot side yard shall be provided on the side adjacent to the Residential District, to allow an existing tower to encroach three feet (3 ) into the required ten feet (10 ) side yard setback, along the eastern property line. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. ZBA2018-26 The Board to consider and take action on the Wise County Heritage Museum s request for a variance from the City of Decatur s Zoning Ordinance regarding parking. Specifically, applicant is requesting 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 7.3.3 Parking Requirements Based Upon Use, Item B Nonresidential Use Parking Schedule. Compliance with the following minimum parking space regulations shall be required: (15) Library or Museum: Ten (10) spaces plus one (1) space for each three hundred (300) square feet of floor area, to reduce the minimum calculated parking space requirement from thirty-three (33) parking spaces to ten (10) unstriped parking spaces. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. Discuss and approve 2019 Meeting Schedule. New and/or future business items. Adjournment Prepared and posted this 14 th day of December 2018, in accordance with Chapter 551, Texas Government Code. Dedra D. Ragland, AICP Director of Planning and Development *NOTE: THE (ZONING) BOARD OF ADJUSTMENT RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE UNDER THE TEXAS OPEN MEETINGS ACT PURSUANT TO LGC 551.071.
MINUTES (ZONING) BOARD OF ADJUSTMENT MEETING Monday, October 15, 2018 at 3:30 P.M. City Hall Council Chambers 201 E. Walnut Agenda Item 1 A meeting of the City of Decatur (Zoning) Board of Adjustment was held at 3:43 p.m. on October 15, 2018, at City Hall with the following in attendance: MEMBERS PRESENT: Mark Duncum, Chairman Lisa Caraway Wayne Stone Murvelle Chandler Kristy Campbell, Alternate MEMBERS ABSENT: Dennis McCreary Others present were: Planning Director Dedra Ragland, Legal Counsel Patricia Adams, Development Review Coordinator Cheryl Fuss, and Civil Engineer Earl Smith. Call to Order: Chairman Duncum called the meeting to order at 3:35 p.m. ITEM 1: ITEM 2: ITEM 3: ITEM 4: Consider and take appropriate action to appoint a member to serve as Temporary Chair to conduct the October 15, 2018, meeting in the absence of the Chair and vacancy in the position of Vice-Chair. Consider and take appropriate action to appoint a member to serve as Vice-Chair of the Board. Chairman Duncum made a motion to nominate Lisa Caraway as Vice- Chairman. Board Member Chandler, seconded the motion. The motion passed 5-0. Approval of July 16, 2018, Minutes. Vice-Chairman Caraway made a motion to approve the July 16, 2018 Minutes. Board Member Campbell, seconded the motion. The motion passed 5-0. ZBA2018-13 The Board to consider and take action on Ms. Page Warner s request, on behalf of Margaret Page Warner Non-Exempt Trust, for a special exception from the City of Decatur s Zoning Ordinance regarding front yard setbacks. Specifically, applicant is requesting 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 5.1.9 C-1, Restricted Business Zoning District, Item E Special Regulations. Residential dwelling structures shall comply with all regulations for One-Family Detached, One-Family Attached, and Two-Family Dwelling structures located in the applicable SF-2, Single-Family Residential District, TH, Townhouse Residential District, or 2F, Two-Family Residential District. Per Subsection 5.1.3 SF-2, Single-Family Residential District, Item D Area Regulations, (1) Size of Yard, (a) Minimum Front Yard: Twenty-five feet (25 ), applicant is seeking to reduce the required front yard setback from twenty-five feet (25 ) to eleven feet (11 ), a reduction of fourteen feet (14 ), along south Cowan Street. The subject property is proposed as Lot 13R, S.L. Brown s Addition (currently platted as Lots 13 and 14, S:\DEVELOPMENT_SERVICES\PLANNING\ZBA VARIANCES\ZBA MINUTES\2018\2018 10 15_ZBA MINUTES.DOCX PAGE 1 OF 5
Part of Lot 15, and Part of a closed 20 alley, S.L. Brown s Addition) and is more commonly referred to as 605 W. Main St., City of Decatur, Wise County, Texas. Planning Director Ragland presented the staff findings. Twenty-three (23) property owners were notified. Staff received three responses in favor of the request. Planning Director Ragland explained that this background is applicable to ZBA2018-13; ZBA2018-14; and ZBA2018-15, although each case will need to be voted on separately. She stated that Staff met with Ms. Warner on May 10, 2018, to discuss a Bed & Breakfast Inn proposal. The survey that was provided revealed that the property was not properly platted and the house sits on two lots and encroaches on the required front yard setback and two accessory structures encroach on the side (eastern property line) and rear yard setbacks. In order for Ms. Warner to be approved for a building permit, all the outstanding items will need to be resolved. The structures have been there for a long time. The Warner s are also going through the SUP process to be able to have a Bed & Breakfast in the C-1, Restricted Business Zoning District. Board Member Stone asked if the other two lots affected by this issue are owned by the same person. Planning Director Ragland stated that the two lots that the house sits on are owned by the same person, Ms. Warner and her mother, and they are replatting the property. Chairman Duncum asked if it is metes and bounds. Planning Director Ragland responded the property is currently platted as two lots. Vice-Chairman Caraway asked if the original plat is the Original Town of Decatur. Planning Director Ragland confirmed that the original plat is the Original Town of Decatur. Chairman Duncum asked if there is another structure sharing one of the lots. Planning Director Ragland stated that only the structures shown on the plat exhibit are sharing the lots. He also asked about applying the variance to existing structures. Chairman Duncum asked for a motion. Planning Director Ragland reminded the Board that each case will need to be voted on separately. ITEM 5: Board Member Stone made a motion that the Board grant the request ZBA2018-13, a special exception from the City of Decatur s Zoning Ordinance regarding front yard setbacks to only allow the existing structure to encroach eleven feet (11 ) into the required twenty-five feet (25 ) front yard setback, along south Cowan Street, as presented in Attachment 3 of the Staff Report. The minimum front yard setback to remain twenty-five feet (25 ). Board Member Chandler seconded the motion. The motion passed 5-0. ZBA2018-14 The Board to consider and take action on Ms. Page Warner s request, on behalf of Margaret Page Warner Non-Exempt Trust, for a special exception from the City of Decatur s Zoning Ordinance regarding rear yard setbacks. Specifically, applicant is requesting 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 5.1.9 C-1, Restricted Business Zoning District, Item E Special Regulations. Residential dwelling structures shall comply with all regulations for One-Family Detached, One-Family Attached, and Two-Family Dwelling structures located in the applicable SF-2, Single-Family Residential District, TH, Townhouse Residential District, or 2F, Two-Family Residential District. Per Subsection 5.1.3 SF-2, Single-Family Residential District, Item D Area Regulations, (1) Size of Yard, (c) Minimum Rear Yard: Ten feet (10 ), applicant is seeking to reduce the required rear yard setback from ten feet (10 ) to eight feet (8 ), a reduction of two feet (2 ), along southern property line. The subject property is proposed as Lot 13R, S.L. S:\DEVELOPMENT_SERVICES\PLANNING\ZBA VARIANCES\ZBA MINUTES\2018\2018 10 15_ZBA MINUTES.DOCX PAGE 2 OF 5
Brown s Addition (currently platted as Lots 13 and 14, Part of Lot 15, and Part of a closed 20 alley, S.L. Brown s Addition) and is more commonly referred to as 605 W. Main St., City of Decatur, Wise County, Texas. Planning Director Ragland presented the staff findings. Twenty-three (23) property owners were notified. Staff received three responses in favor of the request. Chairman Duncum asked for a motion. ITEM 6: Vice-Chairman Caraway made a motion that the Board grant the request ZBA2018-14, a special exception from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to only allow the existing accessory structure to encroach eight feet (8 ) into the required ten feet (10 ) rear yard setback, along the southern property line, as presented in Attachment 3 of the Staff Report. Board Member Stone seconded the motion. The minimum rear yard setback to remain ten feet (10 ). The motion passed 5-0. ZBA2018-15 The Board to consider and take action on Ms. Page Warner s request, on behalf of Margaret Page Warner Non-Exempt Trust, for a special exception from the City of Decatur s Zoning Ordinance regarding side yard setbacks. Specifically, applicant is requesting 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 5.1.9 C-1, Restricted Business Zoning District, Item E Special Regulations. Residential dwelling structures shall comply with all regulations for One-Family Detached, One-Family Attached, and Two-Family Dwelling structures located in the applicable SF-2, Single-Family Residential District, TH, Townhouse Residential District, or 2F, Two-Family Residential District. Per Subsection 5.1.3 SF-2, Single-Family Residential District, Item D Area Regulations, (1) Size of Yard, (b) Minimum Side Yard: Five feet (5 ) or ten percent (10%) of the lot width, but not to exceed fifteen feet (15 ), applicant is seeking to reduce the required side yard setbacks from eleven and eight tenths feet (11.8 ) to six feet (6 ), a reduction of five and eight tenths feet (5.8 ), along the eastern property line. The subject property is proposed as Lot 13R, S.L. Brown s Addition (currently platted as Lots 13 and 14, Part of Lot 15, and Part of a closed 20 alley, S.L. Brown s Addition) and is more commonly referred to as 605 W. Main St., City of Decatur, Wise County, Texas. Planning Director Ragland presented the staff findings. Twenty-three (23) property owners were notified. Staff received three responses in favor of the request. Chairman Duncum asked for a motion. Board Member Chandler made a motion that the Board grant the request ZBA2018-15, a special exception from the City of Decatur s Zoning Ordinance regarding side yard setbacks to only allow the existing accessory structure to encroach six feet (6 ) into the required eleven and eight tenths feet (11.8 ) side yard setback, along eastern property line, as presented in Attachment 3 of the Staff Report. The minimum side yard setback to remain eleven and eight tenths feet (11.8 ), which is ten percent (10%) of the lot width. Vice-Chairman Caraway seconded the motion. The motion passed 5-0. ITEM 7: ZBA2018-17 The Board to consider and take action on Mr. Diego Semper s request, on behalf of Lighthouse Homes, LLC, for a special exception from the City of Decatur s Zoning Ordinance regarding rear yard setbacks. Specifically, applicant is requesting a special exception to the City of Decatur Code of S:\DEVELOPMENT_SERVICES\PLANNING\ZBA VARIANCES\ZBA MINUTES\2018\2018 10 15_ZBA MINUTES.DOCX PAGE 3 OF 5
Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.3 SF-2, Single Family Residential District, Item D Area Regulations, (1) Size of Yard, (c) Minimum Rear Yard: Ten feet (10 ), applicant is seeking to reduce the required rear yard setback from ten feet (10 ) to five feet (5 ), a reduction of five feet (5 ) along the eastern property line. The subject property is proposed as Lot 1R-1, Block 5, South Decatur Addition (currently platted as Part of Lot 1, Block 5, South Decatur Addition) and is more commonly referred to as 701 S. Miller St., City of Decatur, Wise County, Texas. Planning Director Ragland presented the staff findings. Twenty-four (24) property owners were notified. Staff received one response in favor of the request. She explained that Staff had spoken to Mr. Semper in July and found that the property is not properly platted and there is an accessory structure in the rear yard setback. Vice-Chairman Caraway made a motion that the Board grant the request ZBA2018-17, for a special exception from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to reduce the required rear yard setback from ten feet (10 ), to five feet (5 ), a reduction of five feet (5 ), along the eastern property line. Board Member Stone seconded the motion. The motion passed 5-0. Planning Director Ragland asked if there were no restrictions. Chairman Duncum stated that Vice- Chairman Caraway put special exception in the motion. Vice-Chairman Caraway stated that she thought the special exception was for allowing only the accessory structure. Planning Director Ragland explained that when the request is residential, it is a special exception. Non-residential requests are variances. Legal Counsel Adams stated they already had a vote and if they wanted to only allow the existing accessory structure to encroach to be included, someone from the prevailing side needed to make a motion for reconsideration. Second that motion, vote on that, then open the item back up. Board Member Campbell made a motion to reconsider the previous motion. Chairman Duncum seconded the motion. The motion passed 5-0. Chairman Duncum stated that the Board is now reconsidering the previous motion. Vice-Chairman Caraway made a motion that the Board grant the request ZBA2018-17, a special exception from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to only allow the existing accessory structure to encroach five feet (5 ) into the required ten feet (10 ) rear yard setback, along the eastern property line, as presented in Attachment 3 of the Staff Report. The minimum rear yard setback to remain ten feet (10 ). Board Member Stone seconded the motion. The motion passed 5-0. ITEM 8: ZBA2018-18 The Board to consider and take action on Ms. Carla Tipton s request for a special exception from the City of Decatur s Zoning Ordinance regarding front yard setbacks. Specifically, applicant is requesting 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, Item D Area Regulations, (1) Size of Yard, (a) Minimum Front Yard: Twenty-five feet (25 ) applicant is seeking to reduce the required front yard setback from twentyfive feet (25 ) to zero feet (0 ), a reduction of twenty-five feet (25 ) along the southern property line adjacent to Hallsell Street. The subject property is platted as S:\DEVELOPMENT_SERVICES\PLANNING\ZBA VARIANCES\ZBA MINUTES\2018\2018 10 15_ZBA MINUTES.DOCX PAGE 4 OF 5
Lot 3, Block 20, South Decatur Addition and is more commonly referred to as 804 S. Trinity St., City of Decatur, Wise County, Texas. Planning Director Ragland presented the staff findings. The Staff met with Ms. Tipton to discuss converting the carriage house/garage into an accessory dwelling. The property is platted; however, the proposed accessory dwelling straddles the property line along Hallsell Street. Ms. Tipton has to correct the encroachment issue and go before the Planning and Zoning Commission for a SUP for the accessory dwelling before any building permits can be issued. Twenty-five (25) property owners were notified. Staff received one response opposed to the request. Planning Director Ragland stated that the property owner that responded did not understand the request as they thought that Ms. Tipton is attempting to expand her lot. ITEM 9: Board Member Campbell made a motion that the Board grant the request ZBA2018-18, a special exception from the City of Decatur s Zoning Ordinance regarding front yard setbacks to only allow the existing accessory structure to encroach twenty-five feet (25 ) into the required twenty-five feet (25 ) front yard setback, along Hallsell Street, as presented in Attachment 3 of the Staff Report. The minimum front yard setback to remain twenty-five feet (25 ). Board Member Chandler seconded the motion. The motion passed 5-0. New and/or future business items. a.. November meeting currently has six (6) Planning applications: 1. ZBA2018-20 City of Decatur 1601 / 1705 S. State St. (Front yard setback) 2. ZBA2018-21 City of Decatur 1601 / 1705 S. State St. (Rear yard setback) 3. ZBA2018-23 Wise County Heritage Museum 1602 S. Trinity St. (Front yard setback) 4. ZBA2018-24 Wise County Heritage Museum 1602 S. Trinity St. (Rear yard setback) 5. ZBA2018-25 Wise County Heritage Museum 1602 S. Trinity St. (Side yard setback) 6. ZBA2018-26 Wise County Heritage Museum 1602 S. Trinity St. (Parking Variance) Chairman Duncum adjourned meeting at 4:10 p.m. ATTEST: Mark Duncum, Chairman Dedra Denée Ragland, Planning Director S:\DEVELOPMENT_SERVICES\PLANNING\ZBA VARIANCES\ZBA MINUTES\2018\2018 10 15_ZBA MINUTES.DOCX PAGE 5 OF 5
CITY OF DECATUR, TEXAS STAFF REPORT December 17, 2018 Board of Adjustment Meeting Agenda Item 2 Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax TO: (Zoning) Board of Adjustment CASE: ZBA2018-20 FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: City of Decatur DATE: November 13, 2018 REQUEST: Front Yard Setback 1601 / 1705 S. State St. Subject: Board to hear public input and consider taking action on the City of Decatur s request for a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (a) Minimum Front Yard: Twenty-five feet (25 ), to allow two existing monument signs to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along south State Street. The subject property is proposed as Lot 1R, Block 108 and Lot 1R, Block 119, South Decatur Addition (currently platted as part of Blocks 107, 108, 119, and 120, and two unopened streets, south State Street and Short Street, South Decatur Addition) and is more commonly referred to as 1601/1705 S. State St., City of Decatur, Wise County, Texas. Case Notes: The City is attempting to get property into proper compliance with all City regulations. Legality: According to the Texas Local Government Code, the Board of Adjustment can legally authorize variations to the Zoning Ordinance subject to the conditions listed below ( 211.008 010). Each case before the board must be heard by 75 percent of its members ( 211.008.d), and the board can only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent ( 211.009.c). Conditions for Approval: The applicant must meet all of the following four conditions to be legally granted a variance or special exception. Financial or self-induced hardship cannot be considered: 1. The requested variance or special exception does not violate the intent and spirit of the ordinance. 2. Special conditions of restricted area, shape, topography or physical features exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. 3. The hardship is not the result of the applicant s actions, and 4. The interpretation of the provisions in this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions, and then hears the case to determine if the applicant qualifies. If the Board feels the applicant has met the S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 1 of 14
stated conditions, then the Board may approve the variation as long as it meets these criteria ( 211.009.a.3): 1) The variation is not contrary to the public interest. 2) The variation is due to special conditions. 3) A literal enforcement of the ordinance would result in unnecessary hardship. 4) The spirit of the ordinance is observed and substantial justice is done. Recommendation: Staff has the following finding: 1. The requested variance does not violate the intent and spirit of the ordinance. When the buildings were remodeled and the City Staff (Police, Engineering / Public Works and Planning) moved into the buildings, it was decided that signage would be required. At the time, the direction was that the City did not necessarily need to follow its own regulations. That sentiment has since changed. In an effort to be more cooperative and to set the example for others developing their property, the City is attempting to get property into proper compliance with all City regulations. The monument signs for both the Police / Development Services and the Fire Department encroach in the front yard setback. 2. There are special considerations of physical features that are peculiar to the subject parcel that are not applicable to other parcels of land in the same zoning district. Property now belongs to the City of Decatur. The City is under no obligation to be held to its rules and regulations. However, in the spirit of cooperation and in an effort to demonstrate that the regulations make sense and should be followed, the City is serving as an example and making every effort to meet the requirements of its regulations. Before the property can be properly platted, all encroachments must be addressed. 3. The hardship is not a result of the applicant s action. At the time the buildings were being remodeled and constructed, the culture had been that the City does not have to follow its rules. Rather than breeding cooperation, this perspective has bred resentment and resistance to compliance with the City s subdivision, zoning and sign regulations. 4. The interpretation of the provisions in this ordinance could deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. These City facilities are located off the beaten path. Signage is important especially to the citizens requiring emergency services provided by the Fire and Police Departments. Development Services also requires visibility. As has been the sentiment by members of the Board, the 25 front yard setback for business signage is somewhat onerous, even along a major thoroughfare. Given the remote location of these City facilities, the monument signs were constructed to encroach in the 25 front yard setback. The City would like to go through the proper channels to legalize the signs locations. Twelve (12) property owners were notified. Staff has received two responses in favor of, and no responses opposed to or neutral to the request. Options: Recommend approval: I move that the Board grant the request ZBA2018-20, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow an existing monument sign to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along south State Street, as presented in Attachment 3 of the Staff Report. Recommend approval with conditions: I move that the Board grant the request ZBA2018-20, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow an existing monument sign to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along south State Street, as presented in Attachment 3 of the Staff Report, with conditions. The conditions being as follows. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 2 of 14
Recommend denial: I move that the Board deny the request ZBA2018-20, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow an existing monument sign to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along south State Street, as presented in Attachment 3 of the Staff Report. Denial is based on the following findings: Recommend postponing consideration: I move that the Board postpone consideration of request to a date certain, and requesting additional information for the request ZBA2018-20, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow an existing monument sign to encroach ten feet (10 ) into the required twentyfive feet (25 ) front yard setback, along south State Street, as presented in Attachment 3 of the Staff Report. Additional data being as follows: Attachments 1. Location Map 2. Application, Checklist and Letter of Intent 3. Proposed Plat Exhibit Reflecting Encroachment 4. 200 Property Owner Notification Map and Responses 5. Memo from City Engineer 6. Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 3 of 14
Attachment 1 Location Map S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 4 of 14
Attachment 2 Application, Checklist and Letter of Intent S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 5 of 14
S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 6 of 14
Attachment 3 Proposed Plat Exhibit Reflecting Encroachment S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 7 of 14
Attachment 4 200 Notification Map and Property Owner Responses S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 8 of 14
S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 9 of 14
S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 10 of 14
Attachment 5 Memo from City Engineer S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 11 of 14
S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 12 of 14
Attachment 6 Photos Police / Development Service S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 13 of 14
Fire Station S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-20 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Front Yard\ZBA2018-20 Staff Report 121718.doc Page 14 of 14
CITY OF DECATUR, TEXAS STAFF REPORT December 17, 2018 Board of Adjustment Meeting Agenda Item 3 Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax TO: (Zoning) Board of Adjustment CASE: ZBA2018-21 FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: City of Decatur DATE: November 13, 2018 REQUEST: Rear Yard Setback 1601 / 1705 S. State St. Subject: Board to hear public input and consider taking action on the City of Decatur s request for a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (c) Minimum Rear Yard: Ten feet (10 ), applicant is seeking to reduce the required rear yard setback from ten feet (10 ) to zero feet (0 ), a reduction of ten feet (10 ), along the eastern property line. The subject property is proposed as Lot 1R, Block 108 and Lot 1R, Block 119, South Decatur Addition (currently platted as part of Blocks 107, 108, 119, and 120, and two unopened streets, S. State Street and Short Street, South Decatur Addition) and is more commonly referred to as 1601/1705 S. State St., City of Decatur, Wise County, Texas. Case Notes: The City is attempting to get property into proper compliance with all City regulations. Legality: According to the Texas Local Government Code, the Board of Adjustment can legally authorize variations to the Zoning Ordinance subject to the conditions listed below ( 211.008 010). Each case before the board must be heard by 75 percent of its members ( 211.008.d), and the board can only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent ( 211.009.c). Conditions for Approval: The applicant must meet all of the following four conditions to be legally granted a variance or special exception. Financial or self-induced hardship cannot be considered: 1. The requested variance or special exception does not violate the intent and spirit of the ordinance. 2. Special conditions of restricted area, shape, topography or physical features exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. 3. The hardship is not the result of the applicant s actions, and 4. The interpretation of the provisions in this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions, and then hears the case to determine if the applicant qualifies. If the Board feels the applicant has met the S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 1 of 16
stated conditions, then the Board may approve the variation as long as it meets these criteria ( 211.009.a.3): 1) The variation is not contrary to the public interest. 2) The variation is due to special conditions. 3) A literal enforcement of the ordinance would result in unnecessary hardship. 4) The spirit of the ordinance is observed and substantial justice is done. Recommendation: Staff has the following finding: 1. The requested variance does not violate the intent and spirit of the ordinance. When the buildings were remodeled and the City Staff (Police and Engineering / Public Works, Planning and Building) moved into the buildings, the direction was that the City did not necessarily need to follow its own regulations. That sentiment has since changed. In an effort to be more cooperative and to set the example for others developing their property, the City is attempting to get property into proper compliance with all City regulations. The police department s awning for the jail access encroaches over the rear setback. 2. There are special considerations of physical features that are peculiar to the subject parcel that are not applicable to other parcels of land in the same zoning district. Property now belongs to the City of Decatur. The City is under no obligation to be held to its rules and regulations. However, in the spirit of cooperation and in an effort to demonstrate that the regulations make sense and should be followed, the City is serving as an example and making every effort to meet the requirements of its regulations. Before the property can be properly platted, all encroachments must be corrected. 3. The hardship is not a result of the applicant s action. At the time the buildings were being remodeled and constructed, the culture had been that the City is not required to follow its rules. Rather than breeding cooperation, this perspective has bred resentment and resistance to compliance with the City s subdivision, zoning and sign regulations. The City Staff is working to establish and build a better working relationship with developers by following its adopted rules and regulations. 4. The interpretation of the provisions in this ordinance could deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. The awning for the parking has been in this configuration since the building was remodeled in 2005/2006. There have been no objections from the closest neighbor, the Wise County Museum since that time. The covered parking is necessary for the protection and longevity of the police vehicles. Twelve (12) property owners were notified. Staff has received two responses in favor of, and no resonses opposed to or neutral to the request. Options: Recommend approval: I move that the Board grant the request ZBA2018-21, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to reduce the rear yard setback from ten feet (10 ) to zero feet (0 ), a reduction of ten feet (10 ) along the eastern property line, as presented in Attachment 3 of the Staff Report. Recommend approval with conditions: I move that the Board grant the request ZBA2018-21, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to reduce the rear yard setback from ten feet (10 ) to zero feet (0 ), a reduction of ten feet (10 ) along the eastern property line, as presented in Attachment 3 of the Staff Report, with conditions. The conditions being as follows. Recommend denial: I move that the Board grant the request ZBA2018-21, a variance from the City of Decatur s Zoning S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 2 of 16
Ordinance regarding rear yard setbacks to reduce the rear yard setback from ten feet (10 ) to zero feet (0 ), a reduction of ten feet (10 ) along the eastern property line, as presented in Attachment 3 of the Staff Report. Denial is based on the following findings: Recommend postponing consideration: I move that the Board grant the request ZBA2018-21, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to reduce the rear yard setback from ten feet (10 ) to zero feet (0 ), a reduction of ten feet (10 ) along the eastern property line, as presented in Attachment 3 of the Staff Report. Additional data being as follows: Attachments 1. Location Map 2. Application, Checklist and Letter of Intent 3. Proposed Plat Exhibit Reflecting Encroachment 4. 200 Property Owner Notification Map and Responses 5. Memo from City Engineer 6. Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 3 of 16
Attachment 1 Location Map S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 4 of 16
Attachment 2 Application, Checklist and Letter of Intent S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 5 of 16
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Attachment 3 Proposed Plat Exhibit Reflecting Encroachment S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 7 of 16
Attachment 4 200 Notification Map and Property Owner Responses S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 8 of 16
S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 9 of 16
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Attachment 5 Memo from City Engineer S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 11 of 16
S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 12 of 16
Attachment 6 Photos 1601 S. State St. Carport behind Police Dept. - Looking South - S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 13 of 16
Carport behind Police Dept. - Looking North - S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 14 of 16
1705 S. State St. Trash Enclosure S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 15 of 16
Looking South Looking North S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-21 Lot 1R, Blk 108 and Lot 1R, Blk 119 South Decatur Addition - COD - Rear Yard\ZBA2018-21 Staff Report 121718.doc Page 16 of 16
CITY OF DECATUR, TEXAS STAFF REPORT December 17, 2018 Board of Adjustment Meeting Agenda Item 4 Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax TO: (Zoning) Board of Adjustment CASE: ZBA2018-23 FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Kerry Clower, on behalf of Wise County Historical Society LLC DATE: November 13, 2018 REQUEST: Front Yard Setback 1602 S. Trinity St. Subject: Board to hear public input and consider taking action on Mr. Kerry Clower s request, on behalf of Wise County Historical Society LLC, for a variance from the City of Decatur s Zoning Ordinance regarding front yard setback. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (a) Minimum Front Yard: Twenty-five feet (25 ) to allow two existing monument/pole signs to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along Charles Street. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. Case Notes: Several months back, Staff was approached about the placement of an old historic jail on the museum property. A building permit is required. It was discovered that property is not properly zoned to permit the Museum use either by right or with an approved SUP. The most appropriate Zoning District is CO, Office, which will permit use with an approved SUP. During the review process, it was revealed that the property is not properly platted; the lot includes part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition and the two monument/pole signs encroach in the required front yard setback, one accessory structure encroach on the side (eastern property line) and rear yard setback and a parking variance is needed since there is not enough parking per the City s Zoning Regulations. Before a building permit can be issued, the property will also need to be replatted. Before the property can be replatted, variances will need to be granted for the front yard, side yard and rear yard setback encroachments and a parking variance. Platting triggers curb, gutter and sidewalk construction, where none exists. Legality: According to the Texas Local Government Code, the Board of Adjustment can legally authorize variations to the Zoning Ordinance subject to the conditions listed below ( 211.008 010). Each case before the board must be heard by 75 percent of its members ( 211.008.d), and the board can only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent ( 211.009.c). Conditions for Approval: The applicant must meet all of the following four conditions to be legally granted a variance or special exception. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 1 of 14
Financial or self-induced hardship cannot be considered: 1. The requested variance or special exception does not violate the intent and spirit of the ordinance. 2. Special conditions of restricted area, shape, topography or physical features exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. 3. The hardship is not the result of the applicant s actions, and 4. The interpretation of the provisions in this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions, and then hears the case to determine if the applicant qualifies. If the Board feels the applicant has met the stated conditions, then the Board may approve the variation as long as it meets these criteria ( 211.009.a.3): 1) The variation is not contrary to the public interest. 2) The variation is due to special conditions. 3) A literal enforcement of the ordinance would result in unnecessary hardship. 4) The spirit of the ordinance is observed and substantial justice is done. Recommendation: Staff has the following finding: 1. The requested variance does not violate the intent and spirit of the ordinance. The building and monument / pole signs have been in place since the school was in existence prior to 1965. The signs have been in their current configuration and location without objection or concern from the surrounding neighbors. Reduced setback for the signs does not adversely impact surrounding property owners. 2. There are special conditions of restricted area, shape, topography or physical features that exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. The site is historic and so is the signage. Visibility from all travel directions is desirable. The location of the Museum is at the end of south Trinity Street. The signs do not block the Museum but add to the historical aesthetic backdrop of the Museum and the Woody cabin and the soon to be added hoosegow (historical jail). 3. The hardship is not a result of the applicant s action. Signs have three general purposes: to direct, inform and promote. If the signs were located behind the front yard setback, they will likely not be visible to the public from any direction. The signs promote the historical context of the Museum and the Woody cabin. 4. The interpretation of the provisions in this ordinance could deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. There are no other Historical Museums generally located with a single-family neighborhood in such close proximity. The large number of trees located on the property could block the signs if moved outside the 25 front yard setback. Six (6) property owners were notified. Staff has not received any responses in favor of, opposed to or neutral to the request. Options: Recommend approval: I move that the Board grant the request ZBA2018-23, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow two existing monument/pole signs to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along Charles Street, as presented in Attachment 3 of the Staff Report. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 2 of 14
Recommend approval with conditions: I move that the Board grant the request ZBA2018-23, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow two existing monument/pole signs to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along Charles Street, as presented in Attachment 3 of the Staff Report, with conditions. The conditions being as follows. Recommend denial: I move that the Board deny the request ZBA2018-23, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow two existing monument/pole signs to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along Charles Street, as presented in Attachment 3 of the Staff Report. Denial is based on the following findings: Recommend postponing consideration: I move that the Board postpone consideration of request to a date certain, and requesting additional information for the request ZBA2018-23, a variance from the City of Decatur s Zoning Ordinance regarding front yard setbacks to allow two existing monument/pole signs to encroach ten feet (10 ) into the required twenty-five feet (25 ) front yard setback, along Charles Street, as presented in Attachment 3 of the Staff Report. Additional data being as follows Attachments 1. Location Map 2. Application, Checklist and Letter of Intent 3. Proposed Plat Exhibit Reflecting Encroachment 4. 200 Property Owner Notification Map and Responses 5. Memo from City Engineer 6. Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 3 of 14
Attachment 1 Location Map S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 4 of 14
Attachment 2 Application, Checklist and Letter of Intent S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 5 of 14
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Attachment 3 Proposed Plat Exhibit Reflecting Encroachment S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 9 of 14
Attachment 4 200 Notification Map and Property Owner Responses S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 10 of 14
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Attachment 5 Memo from City Engineer S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 12 of 14
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Attachment 6 Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-23 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Front Yard\ZBA2018-23 Staff Report 121718.doc Page 14 of 14
CITY OF DECATUR, TEXAS STAFF REPORT December 17, 2018 Board of Adjustment Meeting Agenda Item 5 Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax TO: (Zoning) Board of Adjustment CASE: ZBA2018-24 FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Kerry Clower, on behalf of Wise County Historical Society LLC DATE: November 13, 2018 REQUEST: Rear Yard Setback 1602 S. Trinity St. Subject: Board to hear public input and consider taking action on Mr. Kerry Clower s request, on behalf of Wise County Historical Society LLC, for a variance from the City of Decatur s Zoning Ordinance regarding rear yard setback. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (c) Minimum Rear Yard: Ten feet (10 ), to allow an existing tower to encroach four feet (4 ) into the required ten feet (10 ) rear yard setback, along the southern property line. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. Case Notes: Several months back, Staff was approached about the placement of an old historic jail on the museum property. A building permit is required. It was discovered that property is not properly zoned to permit the Museum use either by right or with an approved SUP. The most appropriate Zoning District is CO, Office, which will permit use with an approved SUP. During the review process, it was revealed that the property is not properly platted; the lot includes part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition and the two monument/pole signs encroach in the required front yard setback, one accessory structure encroach on the side (eastern property line) and rear yard setback and a parking variance is needed since there is not enough parking per the City s Zoning Regulations. Before a building permit can be issued, the property will also need to be replatted. Before the property can be replatted, variances will need to be granted for the front yard, side yard and rear yard setback encroachments and a parking variance. Platting triggers curb, gutter and sidewalk construction, where none exists. Legality: According to the Texas Local Government Code, the Board of Adjustment can legally authorize variations to the Zoning Ordinance subject to the conditions listed below ( 211.008 010). Each case before the board must be heard by 75 percent of its members ( 211.008.d), and the board can only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent ( 211.009.c). Conditions for Approval: The applicant must meet all of the following four conditions to be legally granted a variance or special exception. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 1 of 14
Financial or self-induced hardship cannot be considered: 1. The requested variance or special exception does not violate the intent and spirit of the ordinance. 2. Special conditions of restricted area, shape, topography or physical features exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. 3. The hardship is not the result of the applicant s actions, and 4. The interpretation of the provisions in this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions, and then hears the case to determine if the applicant qualifies. If the Board feels the applicant has met the stated conditions, then the Board may approve the variation as long as it meets these criteria ( 211.009.a.3): 1) The variation is not contrary to the public interest. 2) The variation is due to special conditions. 3) A literal enforcement of the ordinance would result in unnecessary hardship. 4) The spirit of the ordinance is observed and substantial justice is done. Recommendation: Staff has the following finding: 1. The requested variance does not violate the intent and spirit of the ordinance. The bird tower located on the property s southeast corner was built many years ago and encroaches on the setback easement. The applicant is requesting the variance because tower was constructed by a special interest group for the protection and housing of wild birds. The tower has been in its current configuration and location without objection or concern from the surrounding neighbors. Reduced setback does not adversely impact surrounding property owners, including the City of Decatur and The Hills Nursing Home. 2. There are special conditions of restricted area, shape, topography or physical features that exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. The museum is a place that has items of historical nature and significance and has been located on property prior to the setback easements. 3. The hardship is not a result of the applicant s action. The tower was constructed and located by a special interest group unaware of the City s setback and permitting requirements. 4. The interpretation of the provisions in this ordinance could deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. The tower was built many years ago. When the Zoning Regulations were adopted, it would have made sense to reflect the existing use and a zoning appropriate for that use and to grant a setback variance for the tower when it was constructed if its present location was the most optimal or desirable. To attempt to relocate the tower could upset the habitat of any wild birds roosting in the tower. Six (6) property owners were notified. Staff has not received any responses in favor of, opposed to or neutral to the request. Options: Recommend approval: I move that the Board grant the request ZBA2018-24, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to allow an existing tower to encroach four feet (4 ) into the required ten feet (10 ) rear yard setback, along the southern property line, as presented in Attachment 3 of the Staff Report. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 2 of 14
Recommend approval with conditions: I move that the Board grant the request ZBA2018-24, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to allow an existing tower to encroach four feet (4 ) into the required ten feet (10 ) rear yard setback, along the southern property line, as presented in Attachment 3 of the Staff Report, with conditions. The conditions being as follows: Recommend denial: I move that the Board deny the request ZBA2018-24, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to allow an existing tower to encroach four feet (4 ) into the required ten feet (10 ) rear yard setback, along the southern property line, as presented in Attachment 3 of the Staff Report. Denial is based on the following findings: Recommend postponing consideration: I move that the Board postpone consideration of request to a date certain, and requesting additional information for the request ZBA2018-24, a variance from the City of Decatur s Zoning Ordinance regarding rear yard setbacks to allow an existing tower to encroach four feet (4 ) into the required ten feet (10 ) rear yard setback, along the southern property line, as presented in Attachment 3 of the Staff Report. Additional data being as follows: Attachments 1. Location Map 2. Application, Checklist and Letter of Intent 3. Proposed Plat Exhibit Reflecting Encroachment 4. 200 Property Owner Notification Map and Responses 5. Memo from City Engineer 6. Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 3 of 14
Attachment 1 Location Map S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 4 of 14
Attachment 2 Application, Checklist and Letter of Intent S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 5 of 14
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Attachment 3 Proposed Plat Exhibit Reflecting Encroachment S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 9 of 14
Attachment 4 200 Notification Map and Property Owner Responses S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 10 of 14
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Attachment 5 Memo from City Engineer S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 12 of 14
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Attachment 6 Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-24 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Rear Yard\ZBA2018-24 Staff Report 121718.doc Page 14 of 14
CITY OF DECATUR, TEXAS STAFF REPORT December 17, 2018 Board of Adjustment Meeting Agenda Item 6 Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax TO: (Zoning) Board of Adjustment CASE: ZBA2018-25 FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Kerry Clower, on behalf of Wise County Historical Society LLC DATE: November 13, 2018 REQUEST: Side Yard Setback 1602 S. Trinity St. Subject: Board to hear public input and consider taking action on Mr. Kerry Clower s request, on behalf of Wise County Historical Society LLC, for a variance from the City of Decatur s Zoning Ordinance regarding side yard setback. Specifically, applicant is requesting a variance to the City of Decatur Code of Ordinances, Appendix B. Zoning, Article 5, Zoning Districts, Section 5.1 Zoning Districts Established, Subsection 5.1.8 CO, Office Zoning District, Item D Area Regulations, (1) Size of Yard, (b) Minimum Side Yard: Zero feet (0 ), (i) Where a commercial, retail, or other nonresidential use abuts upon a District boundary line dividing such District from a Residential District, a minimum ten (10) foot side yard shall be provided on the side adjacent to the Residential District, to allow an existing tower to encroach three feet (3 ) into the required ten feet (10 ) side yard setback, along the eastern property line. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. Case Notes: Several months back, Staff was approached about the placement of an old historic jail on the museum property. A building permit is required. It was discovered that property is not properly zoned to permit the Museum use either by right or with an approved SUP. The most appropriate Zoning District is CO, Office, which will permit use with an approved SUP. During the review process, it was revealed that the property is not properly platted; the lot includes part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition and the two monument/pole signs encroach in the required front yard setback, one accessory structure encroach on the side (eastern property line) and rear yard setback and a parking variance is needed since there is not enough parking per the City s Zoning Regulations. Before a building permit can be issued, the property will also need to be replatted. Before the property can be replatted, variances will need to be granted for the front yard, side yard and rear yard setback encroachments and a parking variance. Platting triggers curb, gutter and sidewalk construction, where none exists. Legality: According to the Texas Local Government Code, the Board of Adjustment can legally authorize variations to the Zoning Ordinance subject to the conditions listed below ( 211.008 010). Each case before the board must be heard by 75 percent of its members ( 211.008.d), and the board can only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent ( 211.009.c). Conditions for Approval: The applicant must meet all of the following four conditions to be legally granted a variance or special S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 1 of 14
exception. Financial or self-induced hardship cannot be considered: 1. The requested variance or special exception does not violate the intent and spirit of the ordinance. 2. Special conditions of restricted area, shape, topography or physical features exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. 3. The hardship is not the result of the applicant s actions, and 4. The interpretation of the provisions in this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions, and then hears the case to determine if the applicant qualifies. If the Board feels the applicant has met the stated conditions, then the Board may approve the variation as long as it meets these criteria ( 211.009.a.3): 1) The variation is not contrary to the public interest. 2) The variation is due to special conditions. 3) A literal enforcement of the ordinance would result in unnecessary hardship. 4) The spirit of the ordinance is observed and substantial justice is done. Recommendation: Staff has the following finding: 1. The requested variance does not violate the intent and spirit of the ordinance. The bird tower located on the property s southeast corner was built many years ago and encroaches on the setback easement. The applicant is requesting the variance because tower was constructed by a special interest group for the protection and housing of wild birds. The tower has been in its current configuration and location without objection or concern from the surrounding neighbors. Reduced setback does not adversely impact surrounding property owners, including the City of Decatur and The Hills Nursing Home. 2. There are special conditions of restricted area, shape, topography or physical features that exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. The museum is a place that has items of historical nature and significance and has been located on property prior to the setback easements. 3. The hardship is not a result of the applicant s action. The tower was constructed and located by a special interest group unaware of the City s setback and permitting requirements. 4. The interpretation of the provisions in this ordinance could deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. The tower was built many years ago. When the Zoning Regulations were adopted, it would have made sense to reflect the existing use and a zoning appropriate for that use and to grant a setback variance for the tower when it was constructed if its present location was the most optimal or desirable. To attempt to relocate the tower could upset the habitat of any wild birds roosting in the tower. Six (6) property owners were notified. Staff has not received any responses in favor of, opposed to or neutral to the request. Options: Recommend approval: I move that the Board grant the request ZBA2018-25, a variance from the City of Decatur s Zoning Ordinance regarding side yard setbacks to allow an existing tower to encroach three feet (3 ) into the required ten feet (10 ) side yard setback, along the eastern property line, as presented in Attachment 3 of the S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 2 of 14
Staff Report. Recommend approval with conditions: I move that the Board grant the request ZBA2018-25, a variance from the City of Decatur s Zoning Ordinance regarding side yard setbacks to allow an existing tower to encroach three feet (3 ) into the required ten feet (10 ) side yard setback, along the eastern property line, as presented in Attachment 3 of the Staff Report, with conditions. The conditions being as follows: Recommend denial: I move that the Board deny the request ZBA2018-25, a variance from the City of Decatur s Zoning Ordinance regarding side yard setbacks to allow an existing tower to encroach three feet (3 ) into the required ten feet (10 ) side yard setback, along the eastern property line, as presented in Attachment 3 of the Staff Report. Denial is based on the following findings: Recommend postponing consideration: I move that the Board postpone consideration of request to a date certain, and requesting additional information for the request ZBA2018-25, a variance from the City of Decatur s Zoning Ordinance regarding side yard setbacks to allow an existing tower to encroach three feet (3 ) into the required ten feet (10 ) side yard setback, along the eastern property line, as presented in Attachment 3 of the Staff Report. Additional data being as follows Attachments 1. Location Map 2. Application, Checklist and Letter of Intent 3. Proposed Plat Exhibit Reflecting Encroachment 4. 200 Property Owner Notification Map and Responses 5. Memo from City Engineer 6. Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 3 of 14
Attachment 1 Location Map S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 4 of 14
Attachment 2 Application, Checklist and Letter of Intent S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 5 of 14
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Attachment 3 Proposed Plat Exhibit Reflecting Encroachment S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 9 of 14
Attachment 4 200 Notification Map and Property Owner Responses S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 10 of 14
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Attachment 5 Memo from City Engineer S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 12 of 14
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Attachment 6 Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-25 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Side Yard\ZBA2018-25 Staff Report 121718.doc Page 14 of 14
CITY OF DECATUR, TEXAS STAFF REPORT December 17, 2018 Board of Adjustment Meeting Agenda Item 7 Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax TO: (Zoning) Board of Adjustment CASE: ZBA2018-26 FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Kerry Clower, on behalf of Wise County Historical Society LLC DATE: November 13, 2018 REQUEST: Parking 1602 S. Trinity St. Subject: Board to hear public input and consider taking action on Mr. Kerry Clower s request, on behalf of Wise County Historical Society LLC, for a variance from the City of Decatur s Zoning Ordinance regarding parking. Specifically, applicant is requesting 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 7.3.3 Parking Requirements Based Upon Use, Item B Nonresidential Use Parking Schedule. Compliance with the following minimum parking space regulations shall be required: (15) Library or Museum: Ten (10) spaces plus one (1) space for each three hundred (300) square feet of floor area, to reduce the minimum calculated parking space requirement from thirty-three (33) parking spaces to ten (10) unstriped parking spaces. The subject property is proposed as Lot 1, Block 1, Wise Heritage Museum Addition (currently platted as part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition) and is more commonly referred to as 1602 S. Trinity St., City of Decatur, Wise County, Texas. Case Notes: Several months back, Staff was approached about the placement of an old historic jail on the museum property. A building permit is required. It was discovered that property is not properly zoned to permit the Museum use either by right or with an approved SUP. The most appropriate Zoning District is CO, Office, which will permit use with an approved SUP. During the review process, it was revealed that the property is not properly platted; the lot includes part of Block 108 and Block 109, part of Trinity Street and Short Street, South Decatur Addition and the two monument/pole signs encroach in the required front yard setback, one accessory structure encroach on the side (eastern property line) and rear yard setback and a parking variance is needed since there is not enough parking per the City s Zoning Regulations. Before a building permit can be issued, the property will also need to be replatted. Before the property can be replatted, variances will need to be granted for the front yard, side yard and rear yard setback encroachments and a parking variance. Platting triggers curb, gutter and sidewalk construction, where none exists. Legality: According to the Texas Local Government Code, the Board of Adjustment can legally authorize variations to the Zoning Ordinance subject to the conditions listed below ( 211.008 010). Each case before the board must be heard by 75 percent of its members ( 211.008.d), and the board can only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent ( 211.009.c). Conditions for Approval: The applicant must meet all of the following four conditions to be legally granted a variance or special exception. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 1 of 14
Financial or self-induced hardship cannot be considered: 1. The requested variance or special exception does not violate the intent and spirit of the ordinance. 2. Special conditions of restricted area, shape, topography or physical features exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. 3. The hardship is not the result of the applicant s actions, and 4. The interpretation of the provisions in this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions, and then hears the case to determine if the applicant qualifies. If the Board feels the applicant has met the stated conditions, then the Board may approve the variation as long as it meets these criteria ( 211.009.a.3): 1) The variation is not contrary to the public interest. 2) The variation is due to special conditions. 3) A literal enforcement of the ordinance would result in unnecessary hardship. 4) The spirit of the ordinance is observed and substantial justice is done. Recommendation: Staff has the following finding: 1. The requested variance does not violate the intent and spirit of the ordinance. The Museum has been in place since 1967 and the parking has not been an issue. If there is a major event, the Museum has parking attendants onsite to direct parking so cars are parked without destroying grassy areas. Visitors park along the drive and to the east of the museum. Reduced parking does not adversely impact surrounding property owners. In fact, there is less pavement and less runoff. 2. There are special conditions of restricted area, shape, topography or physical features that exist that are peculiar to the subject parcel and are not applicable to other parcels of land in the same zoning district. The museum is a place that has items of historical nature and significance on display in the front lawn. The museum would like to leave the front lawn available to showcase additional artifacts. Per the City Engineer, additional parking could impede the ability to do so and change the drainage pattern which could cause potential drainage problems. 3. The hardship is not a result of the applicant s action. The current parking has been unmarked and in place since before the Historical Society took over the property in 1967. 4. The interpretation of the provisions in this ordinance could deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Currently, the Museum is historically significant. Additional parking requirements could adversely impact the Historical Society s ability to showcase historical artifacts on the museum property and storm water runoff can cause additional concern if more pavement is required to accommodate additional parking. Six (6) property owners were notified. Staff has not received any responses in favor of, opposed to or neutral to the request. Options: Recommend approval: I move that the Board grant the request ZBA2018-26, a variance from the City of Decatur s Zoning Ordinance regarding parking to reduce the minimum calculated parking space requirement from thirty-three (33) parking spaces to ten (10) unstriped parking spaces, as presented in Attachment 3 of the Staff Report. S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 2 of 14
Recommend approval with conditions: I move that the Board grant the request ZBA2018-26, a variance from the City of Decatur s Zoning Ordinance regarding parking to reduce the minimum calculated parking space requirement from thirty-three (33) parking spaces to ten (10) unstriped parking spaces, as presented in Attachment 3 of the Staff Report, with conditions. The conditions being as follows: Recommend denial: I move that the Board deny the request ZBA2018-26, a variance from the City of Decatur s Zoning Ordinance regarding parking to reduce the minimum calculated parking space requirement from thirty-three (33) parking spaces to ten (10) unstriped parking spaces, as presented in Attachment 3 of the Staff Report. Denial is based on the following findings: Recommend postponing consideration: I move that the Board postpone consideration of request to a date certain, and requesting additional information for the request ZBA2018-26, a variance from the City of Decatur s Zoning Ordinance regarding parking to reduce the minimum calculated parking space requirement from thirty-three (33) parking spaces to ten (10) unstriped parking spaces, as presented in Attachment 3 of the Staff Report. Additional data being as follows:... Attachments 1. Location Map 2. Application, Checklist and Letter of Intent 3. Plat/Site Plan Exhibit 4. 200 Property Owner Notification Map and Responses 5. Memo from City Engineer 6. Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 3 of 14
Attachment 1 Location Map S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 4 of 14
Attachment 2 Application, Checklist and Letter of Intent S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 5 of 14
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Attachment 3 Plat/Site Plan Exhibit S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 9 of 14
Attachment 4 200 Notification Map and Property Owner Responses S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 10 of 14
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Attachment 5 Memo from City Engineer S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 12 of 14
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Attachment 6 Photos S:\Development_Services\Planning\ZBA Variances\Cases\2018\ZBA2018-26 Proposed Lot 1 Blk 1 Wise County Heritage Museum Addition - Parking\ZBA2018-26 Staff Report 121718.doc Page 14 of 14