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Decatur board approves two special-exception requests for 204 South Stratton Street, defers third
Summary
The Decatur Board of Adjustments approved two special exceptions for an existing garage and an air-conditioner compressor at 204 South Stratton Street and deferred a separate request to allow a newly formed lot to be shallower than zoning requires.
The Board of Adjustments in Decatur approved two special-exception requests and deferred a third during a meeting that considered a replat and related setback variances for property at 204 South Stratton Street.
Lisa Hannan, senior planner for the city, presented the staff report and described three related requests filed under BOA 2024-26. The requests were: (a) allow an existing garage to remain with a 5-foot side-yard setback instead of the 6.5 feet required by zoning; (b) permit a newly formed lot created by replatting to have a depth of 65.05 feet instead of the 70 feet required for the SF-2 residential district; and (c) allow an existing air-conditioner compressor to remain with a 1-foot side-yard setback instead of the required 6.5 feet.
Hannan said the garage encroaches about 1.5 feet into the required 6.5-foot side-yard setback and that the compressor encroaches about 5.5 feet. She told the board that the replat would split an existing parcel so the newly created rear lot would measure 65.05 feet deep, short of the SF-2 minimum of 70 feet. Hannan said the planning staff and city filings included map exhibits, a property owner notification map, and one property owner response in favor of all three special-exception requests.
Hannan also told the board that the Planning and Zoning Board had approved the replat contingent on these special exceptions by a 6–0 vote, and that the City Council had likewise approved the replat contingent on the Board of Adjustments granting the exceptions by a 7–0 vote. The city engineer stated that the structure did not encroach into the utility/drainage easement, and Hannan characterized the compressor as a nonpermanent structure that could be moved if work in the easement were required.
Board member Estrada Perdue moved to approve BOA 2024-26(a), the request allowing the garage to remain with a 5-foot side-yard setback; the motion was seconded by Danny Cross and carried on a voice vote. Board member Cross moved to defer BOA 2024-26(b), the request to allow the newly formed lot to be 65.05 feet deep; the motion was seconded by Board member Chandler and carried on a voice vote. Estrada Perdue then moved to approve BOA 2024-26(c), the request to allow the air-conditioner compressor to remain with a 1-foot side-yard setback; Chandler seconded and the board approved the motion on a voice vote.
Board members and staff clarified that granting special exceptions in these circumstances allows existing nonconforming structures to remain but does not change the underlying setback standard for future reconstruction. Hannan stated that if an existing structure were demolished or destroyed to the extent described in the code (more than 50 percent), any reconstruction would have to meet current code requirements in effect at the time of reconstruction.
The board discussed consolidating related exception requests onto a single application and agenda item as a procedural practice; Hannan said staff and the city attorney had agreed it was acceptable in this case and that staff would consider a recommendation to the city manager on whether to use the format moving forward.
The board moved on to new business after taking the three actions and adjourned.
