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Zoning Board of Adjustments Minutes - 07/15/1998MINUTES BOARD OF ADJUSTMENT July 15, 1998 PRESENT: Rainer Hanold, Chairman Donald McKinney Charles A. Peters, III Bobby Redwine David A. Clark, Director of Community Development Steve Seese, City Planning Administrator Paul Stillson, Planner II Diane Parker ABSENT: John Key David Seaton James Heath I. CALL TO ORDER The meeting was called to order at 1:45 p.m. by Chairman Hanold. II. VARIANCE A. V 98-01 Fencing Variance 4114 Old Jacksboro Highway GENERAL INFORMATION: 0 0 0 0 Alternate #1 0 City Staff 0 0 0 0 Member 0 Member 0 Alternate #2 Applicant: Larry Henderson, for O'Reilly Auto Parts Property owner: O'Reilly Auto Parts Purpose: Request for a variance from the screening requirements in Section 4600 of the Zoning Ordinance. Existing Land Use: Auto parts store, under construction Zoning: General Commercial Surrounding Land Use & Zoning: North: Mexican restaurant, GC South: Vacant, GC East: Jacksboro Highway, commercial, GC West: Hursh Park, Residences, SF-2 COMMENTARY: The applicant is the agent for O'Reilly Auto Parts. They are currently constructing a store at 4114 Jacksboro Highway. The site, zoned General Commercial, is next to single family zoning. The store will occupy the front 217.5 feet of this 465.8 foot deep lot. The rear 248.3 feet will remain undeveloped. The applicant requests two variances: a. The applicant requests a variance from the requirement to build a six foot -tall privacy fence along a single family boundary. The area is behind the rear of three residential properties, (those without existing privacy fences) behind the O'Reilly Auto BOARD OF ADJUSTMENT JULY 15, 1998 PAGE 1 of 4 Parts, as shown on the enclosed map. The reason given for this request is that there will be no development on the property behind the rear of their building. b. The applicant requests a variance from the fencing requirement next to Hursh Park, instead of the fence, they will pay the City to install a planted screen of Juniper trees. Mr. Jack Murphy, Director of Parks and Recreation, recommended that a planted row of trees will be more desirable and compatible with the park. Mr. Murphy has determined that an acceptable screen will consist of 44 juniper or arborvitae trees planted in staggered fashion along the 220 foot boundary. The 10 gallon container trees will cost $70 to plant and irrigate. The total cost would be $3080.00. Upon payment of this amount by the applicant, the City will buy and install the trees and irrigation system. O'Reilly's representatives have approved of the total cost amount. A variance will be required to do this. SPECIAL CONDITIONS/HARDSHIPS: The applicant has cited the following special conditions: 1. "1. [The reason for the variance request is:] to eliminate the fencing requirement along the three lots next to the undeveloped area, and 2. to allow the substitution of the planted row for the privacy fence along the park." 2. "1. Existing residents are currently adjoining the undeveloped area and a planted row would benefit the existing city park." 3. "Applicant would be required to install privacy on the undeveloped area that adjoins residential area, other undeveloped properties are not required to install fence until property is developed." 4. "Granting the variance would not confer any special privilege because: 1. Undeveloped areas are not required to be separated by fence from residential areas and, 2. [The] applicant is still producing a sight barrier along [the] city park boundary." ANALYSIS: The zoning ordinance requires that a privacy fence shall be provided along the entire length of the lot between residential and non- residential uses. The following is a portion of Section 4610 of the Zoning Ordinance: 4610 Purpose The purpose of these requirements is to provide residential areas protection from the impacts of non-residential uses by reducing the potential impacts through increased separation, construction of visual or noise barriers, etc. 4620 Screening Requirements Uses other than single-family detached, duplex or two-family, or zero -lot -line dwellings shall provide and maintain a six (6) feet high privacy fence at the property line in the following manner: A. When such uses are located in a zone other than SF -I or SF-2, such fence shall be placed along the SF -I or SF-2 zoning boundary. The applicant's property is located in a general commercial zone, but is adjacent to single family zoning district boundary and a city park. Staff finds that special conditions do exist. The following conditions argue against requiring a fence: a.) There is no plan for developing the rear half of this lot. b.) Being next to a park is a special condition where a planted buffer would be more desirable than a wooden fence. c.) The lot is very deep, and the building will be a considerable distance from the residences. The depth of the lot would act as a buffer. RECOMMENDATION: Staff recommends that this variance be conditionally approved: 1. If commercial development occurs on the rear portion of the lot behind the building a six-foot tall privacy fence shall be constructed to enclose all such items. Development is defined as being parking, storage of materials, buildings, storage containers, trash containers, etc. 2. The variance to allow a planted fence rather than a wooden fence along the boundary with Hursh Park is conditional upon the O'Reilly's payment of $3080.00 to the Parks Department, who will then plant the buffering trees along the park boundary. Twenty-three surrounding property owners were notified of this request. Three (3) or 13.04% replied in favor and three (3) or 13.04% were opposed. BOARD OF ADJUSTMENT JULY 15, 1998 PAGE 2 of 4 Mr. Seese gave a brief description of the O'Reilly Auto Parts store to be constructed. He further explained that the applicant has requested a variance of the fencing requirement between his property and the three residential properties as well as the park. Mr. Seese commented that the City recommends approval of a fence along the Single Family area if landscaping with irrigation is provided on the border of Hursh Park. Mr. Peters inquired about the applicant donating the unused part of this property to the City to use as a continuation of Hursh Park. Mr. Seese thanked him for his recommendation and stated he would inform the Director of Parks. Mr. McKinney suggested the applicant install the privacy fence at the end of the lot. Mr. Redwine inquired about the opposition to this case. Then, Mr. Peters suggested that this Board should be concerned about the neighbors' comments. Mr. McKinney again stated the back of this property should be fenced although he is not confident about using junipers as a screen. Another comment he made was the unfairness of the screening to the property owners west of O'Reilly's. To questioning, Mr. Stillson replied that the trees would be maintained by the Parks Department. Mr. McKinney again stated concern for screening the rear of the property. Mr. Stillson stated that not all residences on Aldrich Avenue have privacy fences. Mr. McKinney inquired about the motive of the applicant for waiving the privacy fence. Mr. Seese replied that it was probably a cost factor combined with long term maintenance. Mr. Peters made a motion to require a privacy fence along the Single Family boundary affecting the three residential properties and to deny O'Reilly's request for a variance. Mr. McKinney seconded the motion. The vote was four (4) in favor and none (0) opposed. Mr. McKinney stated he believes it would be in the best interest of the City to approve the second variance which would be to install a planted fence (trees) rather than a wooden, privacy fence along the boundary with Hursh Park. Mr. Peters seconded the motion. The vote was four (4) in favor and none (0) opposed. III. ADJOURN The meeting was adjourned at 2:05 p.m. Rainer Hanold, Chairman Date BOARD OF ADJUSTMENT JULY 15, 1998 PAGE 3 of 4