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Staff briefs board on carport rules, variance standards and storm-damage rebuilds
Summary
The Board of Adjustments heard a staff presentation explaining how carport reconstruction after winter storm damage will be handled under the zoning ordinance, including when applicants should seek variances versus special exceptions and what hardship criteria apply.
The Decatur Board of Adjustments heard a detailed staff briefing on how the city will handle applications related to carports damaged in recent winter storms and where variances or special exceptions will be used.
Wainesmith, identified in the meeting as the building official, told the board that storm-damaged carports that are being rebuilt “mostly the case that we’re seeing…a special exception works for that” when reconstruction matches the prior nonconforming configuration. He explained the legal distinction: “a variance does require the determination of a hardship,” while a special exception does not, and cited Zoning Ordinance section 4.3.0.6 as the guiding standard.
Staff said new carports that constitute new construction will generally need to satisfy current setback rules or pursue a variance if setbacks cannot be met, while repairs or rebuilding of legally nonconforming structures may be eligible for special exception relief. Wainesmith also noted that the board’s decisions are final and that appeals from BOA rulings go to district court, not city council.
The briefing included examples used in prior cases (a reduced front-yard setback on Bridal Street) and a reminder that financial hardship alone is not automatically sufficient; staff outlined thresholds, including when compliance costs exceed a significant portion of appraised value or when a lot loses substantial developable area. Staff offered to follow up individually with board members on specific pending applications.
