The Red Oak Zoning Board of Adjustments on Aug. 14 approved variance requests for two neighboring commercial parcels on North Interstate 35 East after a Texas Department of Transportation right‑of‑way taking reduced buildable area and eliminated room for required street trees.

Maxwell Fisher, a representative of Zone Development and SIRAM Realty, told the board that TxDOT had taken a parcel (described in the hearing as Parcel 36) that reduced the frontages and lot depths of both properties and created a practical hardship for re‑leasing longtime vacant tenant space. “TxDOT, as you know, is doing a lot of work on I‑35. They’ve come in and taken what they call Parcel 36, which is approximately 4,824 square feet… These properties are already challenged,” Fisher said.

For 505 N. Interstate 35 E (filed in the record as ZBA25‑03), the applicant requested reductions in the Interstate‑side front yard setback (to 0 feet in part), a 100% variance from street‑front landscaping requirements, a reduction in required on‑site parking (12 spaces requested in lieu of 18 required for the proposed uses), and a reduced lot depth (about 62 feet in lieu of 100 feet). Staff explained that some parking stalls shown on neighboring property cannot be counted absent a formal access easement or replatting; Fisher said the adjacent southern parking historically served the sites but the legal access documents are not in record for this hearing.

For 507 N. Interstate 35 E (filed as ZPA25‑04 in the meeting record), the applicant sought similar relief: reduced front yard setbacks (to about 13 feet along the interstate and 11 feet on the Norton Drive frontage), a reduced lot depth (about 74 feet), a 100% landscaping variance and a request to count 12 parking spaces rather than the 25 that would be required for certain uses. Fisher said the owner plans to add ornamental grasses and to replace crepe myrtles in locations that remain outside the DOT right‑of‑way.

The board discussed practical parking solutions, including shared parking agreements with neighboring churches that the applicant said are already coordinated informally on Sundays and special events. Staff noted that shared parking arrangements are common in the region but require formal written agreements to be counted for zoning compliance. Fisher said the applicant is prepared to add ornamental grasses and to modify awnings so vertical structures do not encroach into right‑of‑way.

The board closed the public hearings on both items and then acted. The transcript records a motion to approve ZBA25‑03 “as presented,” which was seconded; the motion was recorded as carried in the meeting dialogue. For ZPA25‑04 (507 N. Interstate 35 E), the transcript records a motion to approve as written and a final recorded vote of 4‑1 in favor.

Board members acknowledged the unusual nature of requiring board of adjustment relief to re‑lease an existing building that was built before current codes, but many members said the TxDOT right‑of‑way taking materially altered the lots and created a non‑self‑created hardship. Several members urged that council consider an overarching downtown plan or an overlay for the I‑35 frontage to reduce recurring piecemeal variance petitions as road and right‑of‑way projects proceed.

The applicant said one suite in the combined properties remains vacant and that approval would allow the owner to re‑lease that space to avoid long‑term vacancy.

Meeting minutes or an official written record should be consulted for the formal ordinance language and the final minute entry; the transcript contains the board discussion, the applicant’s commitments on landscaping, and the roll call recorded for ZPA25‑04 (4‑1).