Sulphur Springs Zoning Board of Adjustments and Appeals Tuesday approved a local property owner’s request for a variance for a mini storage facility on Arbala Road just off Wildcat Way.
Richard Baines submitted the request for the variance to the 6-foot tall masonry fence buffer at 1337 Arbala Road, where mini self storage buildings is planned for construction in phases as the units fill up.
Currently, property zoned heavy commercial that is adjacent to residential property is required at the time of development to have a 6-foot tall buffer between the HC-zoned and residentially zoned properties. The fence is required to be a 6-foot tall masonry fence, to provide a buffer between commercial activity and residential neighborhoods., Sulphur Springs Assistant City Manager/Community Development Director Tory Niewiadomski explained to the ZBA panel Tuesday evening.
Richard and Joyce Baines, however, asked that they be allowed to have a hybrid fence. Richard Baines wants to construct a fence in which the bottom 2 feet would be concrete and the top 4 feet would be a wooden privacy fence.
The property to the north and west contains 20 acres owned by one owner. A large portion of the land to the west is in a floodplain. The property to the south, although zoned single family, is heavily wooded and in a floodplain too. The two residences on the 20-acre property are the only residences between the interstate and Wildcat Way on that side of Arbala Road. Because the area is in a floodplain, the assistant city manager noted in his report to the ZBA, it’s unlikely that the area will be further developed for residences.
When the city annexed that area into the city in 2007, the intended future use was for commercial development, Niewiadomski noted.The area is currently a transitioning commercial corridor identified in the land use plan for commercial development in the future. Most of the land is underdeveloped but earmarked by the city for future commercial development, which would not require the fence between properties. When it was developed Niewiadomski said the proposed hybrid fence would preserve the character of the fencing.
“City staff is of the opinion that based on the context of the area, the future intended uses here and the lack of residential development along this section of Arbala Road that the spirit and intent of the ordinance will be observed with a hybrid fence,” Niewiadomski reported.
Six certified letters were sent to property owners within 200 feet of 1337 Arbala Road. They received no responses to the letters. No one attended the meeting to speak about the matter either, except for Richard Baines.
Baines said the project was slated to begin about a year ago, but due to prices, was postponed. The fending variance request wasn’t a financial request, so much as a necessary one. He said he did attempt to attain a contractor for masonry work from the area, but had no luck. Reaching out further, he did speak to someone who provides the service, but the businessman was unwilling to travel to Sulphur Springs to do the work.
Baines said he does plan to use LED lights in the yard that shine to the ground from dusk until dawn, but not enough a light nuisance for the neighboring residential property. The side of the storage building nearest the home will not have any windows or doors facing the residence. All doors to the storage facility will be on the other side of the building. It will have a solid metal exterior.
Brad Burgin, who chairs the ZBA, abstained from voting. His family owns mini storage units elsewhere. He does not benefit from them, but, so there would be no question regarding the matter, he abstained from voting on the variance request submitted by Baines.
Because a four-fiths majority is required for a variance to pass the ZBA, it was explained to Baines that the vote would require approval of all four of the other ZBA members present. He agreed to move forward with the vote at that time.
Kyle Robinson made a motion, seconded by Kevin Mohl, to grant Baines’ request for a variance to construct the hybrid fence as described. ZBA members James Litzler and Janet Martin agreed, giving the motion a 4-0 vote.
Niewiadomski also explained during the April 18 meeting that one item was pulled from the ZBA agenda. He explained that notices sent for the item contained the wrong date. The notices will be reposted and the matter would be brought before the ZBA as part of the May meeting agenda.