Board of Zoning Adjustment - Regular Meeting

What 4:00 we live.

This meeting the time and place of our regularly scheduled February 24th, 2026 board of zoning adjustment meeting. I would like to call us to order. Please call the role. Mayors here. here. Here

are there any corrections or additions to the minutes for the November 2025 meeting? If not, do we have a motion and accept a second to accept? Motion to accept. Do we have a second? All in agreement state I

I any oppose. Minutes have been approved. I'd like to take a moment to introduce the board of zoning adjustment members and give a brief description of what we do and how this meeting will be conducted. The board consists of five regular members and two super numeries who are appointed by city council and represent as equally as possible all the political districts or other areas as deemed necessary by council. My name is Tom Hulk. Other members are Chester, Mark Mccur, Mark Moody, Flora Gonzalez. Our supernaries are Erica Hoover and John Ba. The first part of today's meeting is new business. Each item will be read separately and voted on after comments and discussion. If you wish to comment on the item, we ask that you come forward to the microphone. State your name, whether you're a citizen of indicator, and then make your comments. We ask that you keep your comments to three minutes or less and sign the signin sheet afterwards. Please come forward when your case is called and state your name and what you would like this board to do for you today. Please read the first case. Okay. Good afternoon, Board of Zoning and Adjustment. The first case is 260224-02. It's a use variance to allow boutique in an industrial zone located at 212 First Avenue Southwest. Sonia Ays is the petitioner. The property owner is Rodney Gordon. The subject address, as mentioned, is 212 First Avenue Southwest. The request is for a boutique and industrial district. The surrounding land uses are industrial to the north, south, east, and west. At the time of the initial development plans and due diligent efforts, the subject property was zoned M2 general

industry under the city of Decar's farmer zoning ordinance. Under that ordinance, the proposed use was consistent with the intent and character of the district. During the site planning process, the city adopted a zoning ordinance and the property was classified to industrial district. Under the current principal use table, consumer goods establishment is no longer permitted within the district. The applicant is seeking approval of a use variance to operate a women's boutique within the industrial zoning district. A use variance is a formal authorization that permits a property to be used in a way that is not ordinarily permitted in existing zoning. Essentially, it approves a use that would otherwise be prohibited in the zoning ordinance. Although the planning department typically does not support use variances, staff notes that the surrounding area includes similar and compatible uses and have been historically used in that way. And if you look at the area just adjacent across the street, there's a auto service business which is also considered a commercial use. And also in the strip center for which the person that petitioner is willing to locate and wants to locate, there are other businesses there that are similar such as a men's boutique and a vision center store. The planning department recommends approval of the request to use variance. However, staff notes that reszoning the property to a commercial neighborhood use would be a more appropriate long-term zoning classification for this parcel as it would better align with the existing and proposed uses for the area. Oh,

so that people know why he's stepping down.

Okay. Board member Chester Ays is going to recluse himself from making taking a vote and stepping down because of relationship to the petition. With uh four board members present, the applicant if they like they can postpone to next month. Your case will require all four favorable votes to be to be approved. It's your choice. Hi, my name is Sonia S. This is my first time ever doing this where I'm a small business and I plan to run a boutique and in that boutique also I produce spicy bowls. My spicy bowls have went viral. It is a nutritious fruit and I feel like a nutritious snack. what I bring I feel like it will be corresponded to what's downtown. We have beautified the building. We have already did some changes to the building. We, you know, I done went to the health department getting everything up to code in the building and I feel like it would be a it would bring good business and it would correspond to what's going on with downstairs with uh downtown with selling the deli sandwiches. Um my husband is a chef. We're planning to do like maybe hamburgers in there. do daily sandwiches, you know, maybe for the truck drivers or somebody that's passing through, want to get a grab a quick lunch and go taste spicy bowls, come in there and shop.

So on your application, does she need to amend her application in any way? You will. I I was under the impression that it was a boutique. is going to be a boutique. But if under the boutique, they said I could put uh I could do the spicy bowls up under the LLC name. So So you'll be doing both a boutique? Yes. And selling? Yes. Food.

Yes. And the building is big enough for me to have that and the um still in the you know building. Then it's only maybe like some of my clothing. uh some of my t-shirts and stuff that I prod that I produced and made myself. But this is just a use. This would be just a use variance. Yes. Right. Is that the only only change?

Correct. So we have to meet your u your application put the wrong category so we can do it. Yeah, we'll go through that. But the use Okay. Yeah, it's my first time doing this, so I probably been, you know, the definition cuz I think that would also include Yeah. Yeah. Yeah. Just want to make sure food falls under that definition. This is where

Okay. Um, under the definition of consumer goods, an establishment that sells consumer goods at retail such as apparel and accessory stores, bicycle sales, rental service or repair shops, convenience stores, department stores, drug stores orarmacies, florists and gift shops, hobby and craft shops, home building and garden supply stores, monument or headstone sales, establishment and similar uses. Um,

so the parking requirements are and they couldn't make any modifications to the parking because it's legally non-performing and I'm sure they would do shared parking. So, they wouldn't be able to add parking. Um, let me look up. I wanted to read to you where I think it fit under that category. from a st a planning standpoint and interpretation, it would fit more in the the convenience store kind well the boutique/convenience store. Um, in terms of the health department, will you be preparing food there or bringing prepared food in?

Well, the food that we prepare is it's like I only have I have a food truck also. Okay. So it's like a the food. I will prepare the food and bring it into the store, right? Okay. That makes it even more like a convenience store then. No. Seating. Is the food truck going to be bigger? I don't know if you may have to re notice this. It's bigger than what we put on the No, I'm not going to have the food truck. The food truck is not sure what was noticed what the public knew whenever this was given. Yeah, I have a date here. I'm put the food truck

under consumer goods and establishment. It further dissect breaks it down apparel and accessory store. Retail stores primarily engage in selling new clothing, shoes, hats, underwear and related articles for personal wear and adornment. This include custom tailor carrying stocks of materials. On the convenience store, a retail store that is designed a stock to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items in contrast to a supermarket. Any food service facilities will be considered a restaurant, which is why I asked if food would be prepared there. These stores are not permitted to sell gasoline or under or other mode fuse. So in essence, she'll be running an apparel store convenience store.

Yeah. Food will be for retail for whatever.

So the application will be amended afterwards. Perfect. There's any comments or questions from the board? Any comments or questions from the planning department? comments or questions from the public. All right, this uh this is now presented to the board for their consideration. Is there a motion and a second?

The motion to as it as presented. Yes. Second. There's a second. Uh there's a motion, a second uh for consideration as the application is submitted. All in favor say I. I. Oh, excuse. We call a roll. I'm sorry. So, sorry. Please call the roll. Yes. I

been approved. Thank you. Thank you. All right. Is there any other business to discuss? Is there a motion to adjurnn? Motion to motion. All right. All right. All right. We are returned.