Board of Adjustment

Notice of Board of Adjustments Meeting July 20, 2026 | 3:30 PM Decatur City Hall, 201 East Walnut, Decatur, Texas I. CALL TO ORDER Announce a Quorum II. OPEN FORUM CITIZENS' COMMENTS Please complete a speaker registration form before speaking. Speakers are limited to 3 minutes. In accordance with the Texas Open Meetings Act, the Board of Adjustments is restricted from discussing or acting on items not listed on the agenda. Large groups interested in the same matter should choose a spokesperson. Comments should be made to the Board of Adjustments rather than to individual members, and no action will be taken by the Board of Adjustments. III. PUBLIC HEARING ITEMS Open Public Hearing at: ________ Close Public Hearing at: ________ 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. IV. DISCUSSION ITEMS None 201 E. Walnut  P.O. Box 1299  Decatur, TX 76234  (940) 393-0200 Voice  (940) 393-0201 Fax V. CONSENT AGENDA ITEMS 1. All Consent Agenda items listed are considered to be routine by the Board of Adjustments and will be recommended in one motion. There will be no separate discussion of these items unless requested by a council member, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda: A. Approve the June 15, 2026, BOA Minutes. VI. FUTURE AGENDA ITEMS 1. A Board of Adjustments meeting is scheduled for Monday, August 17, 2026, at 3:30 p.m. A. The submittal deadline is July 13, 2026. 201 E. Walnut  P.O. Box 1299  Decatur, TX 76234  (940) 393-0200 Voice  (940) 393-0201 Fax VII. ADJOURNMENT CERTIFICATION I hereby certify that the above agenda was posted on the official bulletin board at City Hall, 201 E. Walnut, Decatur, Texas, on Tuesday, July 14, 2026, pursuant to the Texas Government Code, Chapter 551. ________________________________ Lisa Hannon, Planning Director NOTICES REMOTE PARTICIPATION: The location identified on this agenda is the location at which a quorum of the governing body will be physically present. Members of the Board of Adjustments may participate remotely in compliance with the Texas Open Meetings Act. Persons wishing to attend a meeting virtually can access the meeting at www.zoom.us/join or via telephone by calling 1-346-248-7799; meeting ID 912 5595 2930; and Password 976527. Meetings can be watched live at https://decaturtx.new.swagit.com/views/212/. SPEAKING AVAILABILITY: Individual speaker presentations shall be limited to a total of three minutes: (1) for the consent agenda, regardless of the number of consent-agenda items for which a person has registered, (2) for the non-consent agenda, regardless of the number of non-consent-agenda items for which a person has registered, and (3) for each zoning and public hearing. The three-minute time period shall be extended to six minutes if a translator is required for a non-English speaker. At the Chairperson’s discretion, time limits may be reasonably adjusted. ADA ACCESSIBILITY: Decatur City Hall and the City Council Chamber are wheelchair-accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are requested to contact the City at (940) 393-0204 or e-mail adelgado@decaturtx.org at least 48 hours prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least 48 hours prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodation. A free nationwide telecommunications relay service (TRS) may be accessed by calling 7-1-1. CLOSED SESSIONS: The Board of Adjustments may convene into a closed session at any time to discuss matters listed on the agenda as authorized by the Texas Government Code, including but not limited to: §551.071 (legal advice), §551.072 (real property), §551.074 (personnel matters), §551.076 (security), §551.087 (economic development). Any decision on such matters shall be made in an open session. 201 E. Walnut  P.O. Box 1299  Decatur, TX 76234  (940) 393-0200 Voice  (940) 393-0201 Fax  SPECIAL EXCEPTION AND VARIANCE STAFF REPORT TO: Members of the Board of Adjustments FROM: Lisa Hannon, Planning Director PUBLIC HEARING DATE: July 20, 2026 RE: BOA-26-0008 – 1300 S Hatcher Street Applicant Request: 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. (Debra Jackson, property owner) Summary of Applicant’s Request: Debra Jackson, property owner, is requesting special exceptions for the existing single-family residential structure and a variance for a new accessory carport structure. Findings: Finding #1. The property owner is replatting the property and requesting to construct a new carport structure, which led to the discovery of the non-conforming residential structure and the requirement for encroachment Special Exceptions for the existing structure, and a Variance for the proposed carport accessory structure. Finding #2. The existing single-family residential structure was constructed in 1957 and has a nonconforming front yard setback. a. 19 feet, instead of 25 feet i. Encroaching 6 feet into the required front yard Finding #3. The existing single-family structure has a non-conforming side yard setback a. 3.5, instead of 7.48 feet i. Encroaching 3.98 feet into the required side yard Finding #4. The existing single-family structure has non-conforming side yard setbacks into the platted 10-foot build line on the Prince Street side a. 7.0 and 6.9 feet, instead of 10 feet i. Encroaching 3.0 feet and 3.1 feet, respectively Finding #5. The owner has owned the property since 2015. Finding #6. Google Earth imagery appears to show a small carport attached to the front of the structure in 2012. Finding #7. The property owner is proposing a new carport accessory structure, and the Board of Adjustments Staff Report Page 1 of 12  front yard setback requires a variance. a. The proposed carport will have a 5-foot front yard setback, instead of a 25- foot setback. i. Encroaching 20 feet into the required front yard. Finding #8. Approval of the Special Exceptions for the existing structure and approval of the Variance for the proposed carport will not change any other setbacks for the property. Any new construction on the site will be required to be constructed within the zoning ordinance requirements in effect at the time of construction, or additional variances will be required. Conclusion(s): For the Special Exception requests: Conclusion #1. Legality: According to the Texas Local Government Code, the Board of Adjustment may legally authorize variations to the City’s Zoning Ordinance subject to the conditions listed below (§211.008 010). Each case before the Board must be heard by at least 75 percent of its members (§211.008.d), and the Board may only authorize a variation from the terms of the Zoning Ordinance with a concurring vote of 75 percent (§211.009.c). Conclusion #2. Special Exception Defined. A Special Exception is differentiated from a variance because a Special Exception is a form of relief permitted expressly by this Ordinance under specified conditions, a finding of hardship is not required before it may be granted, and a Special Exception is only allowed for those circumstances and in those cases as set forth in C(2) and as otherwise specifically provided in this Ordinance. Conclusion #3. [Code excerpt]: Circumstances for which Special Exceptions are Authorized. When in the Board of Adjustment's judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may, in specific cases, after public notice and public hearing and subject to conditions and safeguards as the BOA determines appropriate, authorize the following special exceptions to the regulations herein established. Conclusion #4. Deciding Factors: The Board of Adjustment reviews the application and the response to the four conditions listed below, and then hears the case to determine if the applicant qualifies. If the Board feels that the applicant has met the stated conditions, then the Board may approve the variation as long as it meets the criteria (§211.009.a.3): a. The variation is not contrary to the public interest; b. The variation is due to special conditions; c. A literal enforcement of the ordinance would result in undue hardship; and d. The spirit of the ordinance is observed and substantial justice is done. Conclusion #5. Per Appendix B, Zoning, Section 4.3.7 Special Exceptions, (excerpt), a finding of hardship is not required before it [special exception] may be granted. Conclusion #6. The application is in order, and statutory and code requirements have been met. Criteria for the Variance request: Findings of the Board of Adjustment, together with specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board of Adjustment meeting at which such variance is granted. Criteria #1. Findings of Undue Hardship. a. In order to grant a variance, the Board of Adjustment shall make findings that an undue hardship exists, using the following criteria: i. The financial cost of compliance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the City under Section 26.01, Tax Code; 1. This criterion is not applicable, as no structure needs to be brought into compliance. The request is to construct a new carport accessory structure. Board of Adjustments Staff Report Page 2 of 12  ii. Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; 1. The proposed carport is twenty (20) feet in depth and ten (10) feet in width, totaling two hundred (200) square feet in area. The lot is 11,226 square feet in area. This makes the area for the carport 0.018 percent of the total lot area. Therefore, disapproval of this variance will not result in a loss to the lot of twenty-five (25) percent. iii. Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; 1. The variance request is to construct a new carport accessory structure. The location of the proposed carport places the structure within the required twenty-five (25) foot front yard setback. The proposed carport would have to be relocated to a different area of the property in order to be compliant with the zoning setback requirements. iv. Compliance would result in the unreasonable encroachment on an adjacent property or easement; 1. The proposed carport encroaches into the front yard setback only. It does not encroach on an adjacent property; however, it does encroach five (5) feet into the ten (10) foot front dedicated utility and drainage easement as depicted on the plat exhibit. a. If the variance is approved, an easement encroachment agreement will be required. v. The City considers the structure to be a nonconforming structure. 1. The variance request is not for an existing nonconforming structure, but for new construction of a carport accessory structure. If the variance is granted to permit the carport to encroach into the front yard setback, the structure will be legally nonconforming. b. Financial hardship alone is not an “undue hardship” if the property can be used, meeting the requirements of the zoning district in which the property is located; i. The proposed new carport accessory structure cannot meet the zoning setback requirements for the front yard. The request is to permit a new carport to be constructed in the front yard setback. Criteria #2. Self-Inflicted Hardship. A Variance shall not: a. Be granted to relieve a self-created or personal hardship; i. The property owner is requesting to construct a new carport accessory structure that does not meet the zoning setback regulations; therefore, the hardship is self-inflicted. b. Be based solely upon economic gain or loss; i. The request is to construct a new carport accessory structure. No economic gain is anticipated. c. Permit or allow any person a privilege or 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; i. Carports are permitted provided the structure meets all the zoning setback regulations. All property owners have a right to apply for a variance from the adopted zoning setback regulations. d. Result in undue hardship upon another parcel of land. i. The proposed carport accessory structure will not encroach onto any other parcel of land, therefore, it will not result in undue hardship to any neighboring properties. Board of Adjustments Staff Report Page 3 of 12 Staff Recommendations - based on the aforementioned findings & conclusions: Based on the above-referenced Findings and Conditions, the Development Services staff offers the following recommendations: 1. Staff recommends approval of the encroachment Special Exceptions for the existing structure. 2. Staff does not find that the variance request for the new carport meets the literal criteria of hardship as outlined by the Zoning Ordinance; therefore, staff recommends denial of the variance request for the carport accessory structure. a. If the variance is approved, an easement encroachment agreement will be required. Attachments: 1. Aerial Map 2. Survey 3. Plat Exhibit 4. 200’ Property Owner Notification and Response Map 5. Property Owner Response Letters 6. 2008 Aerial 7. 2012 Aerial 8. 2022 Aerial Board of Adjustments Staff Report Page 4 of 12  Exhibit “1” Aerial Map Board of Adjustments Staff Report Page 5 of 12  Exhibit “2” Survey Board of Adjustments Staff Report Page 6 of 12  Exhibit “3” Plat Exhibit Board of Adjustments Staff Report Page 7 of 12  Exhibit “4” PON Map Board of Adjustments Staff Report Page 8 of 12  Exhibit “5” Property Owner Responses Board of Adjustments Staff Report Page 9 of 12  Exhibit “6” 2008 Aerial Board of Adjustments Staff Report Page 10 of 12  Exhibit “7” 2012 Aerial Board of Adjustments Staff Report Page 11 of 12  Exhibit “8” 2022 Aerial Board of Adjustments Staff Report Page 12 of 12  MINUTES BOARD OF ADJUSTMENT MEETING Monday, June 15, 2026, at 3:30 P.M. REGULAR MEETING and VIA - VIDEOCONFERENCING A regular meeting of the City of Decatur Board of Adjustment was held at 3:30 p.m. on June 15, 2026, via in-person and videoconferencing with the following in attendance: MEMBERS PRESENT: MEMBERS ABSENT: Mark Duncum, Chairman Danny Cross, Vice-Chairman Mason Clinesmith Cecil “Buster” Chandler Jay Featherston Katrina Mohamed (audience) Others present were: Planning Director Lisa Hannon; Chief Building Official Wayne Smith, City Manager Nate Mara, City Attorney Pam Liston; Assistant Planner Cheryl Fuss, Development Coordinator Kristen Carter; GIS Analyst Tucker Curry, Code Enforcement Officer Rick Denney and Information Technology Technician Herandi Martinez representing Staff. I. CALL TO ORDER Chairman Duncum announced that there are five (5) members present and there is a quorum. Chairman Duncum called the meeting to order at 3:30 p.m. II. OPEN FORUM None III. PUBLIC HEARING ITEMS No items IV. DISCUSSION ITEMS 1. Commercial Infill Policy and Procedures Building Official Smith presented the Commercial Infill Policy and procedures. Discussion between staff and Commissioners. 2. New alternate a. Ms. Debra Jackson Planning Director Hannon stated Staff received an application from Debra Jackson to be considered as an alternate for a Board of Adjustment Alternate. Discussion between staff and Commissioners. V. CONSENT AGENDA 1: All Consent Agenda items listed are considered to be routine by the Board of Adjustments and will be recommended in one motion. There will be no separate discussion of these items unless \\DECFS\DEVELOPMENT_SERVICES\PLANNING\BOA VARIANCES\BOA MINUTES\2026\2026 06 15 BOA MINUTES.DOCX PAGE 1 OF 2  requested by a council member, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda: A. Approve the May 18, 2026, BOA Minutes. Vice-Chairman Cross made a motion to approve the Consent Agenda. Board Member Chandler seconded the motion. The motion passed 5-0. VI. FUTURE AGENDA ITEMS 1. A Board of Adjustments meeting is scheduled for Monday, July 20, 2026, at 3:30 p.m. VII. ADJOURNMENT Chairman Duncum adjourned meeting at 3:49 p.m. Mark Duncum, Chairman ATTEST: Minutes Prepared by: Lisa Hannon, Planning Director Cheryl Fuss, Assistant Planner \\DECFS\DEVELOPMENT_SERVICES\PLANNING\BOA VARIANCES\BOA MINUTES\2026\2026 06 15 BOA MINUTES.DOCX PAGE 2 OF 2