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BZA grants variance to We Care Tree Service with seven commitments
Summary
The board granted a variance allowing We Care Tree Service to operate and stage vehicles at 385 S. Franklin Rd., subject to commitments including planting trees, limiting access points and tying the approval to the current owner.
The Metropolitan Board of Zoning Appeals Division 3 granted a variance on Feb. 18 allowing We Care Tree Service to operate at 385 South Franklin Road (case 2025‑UV‑3‑003) with seven conditions offered by the petitioner and accepted by the board.
Petitioner counsel Tim Brown told the board the site had been cleaned and rehabilitated since the owner acquired it. The business requested relief to park and stage commercial vehicles and equipment related to tree service operations. Staff noted the property is zoned D‑2 (residential) and initially recommended denial but recommended conditions could mitigate neighborhood concerns.
Petitioner and neighborhood representatives negotiated commitments during the hearing. The board recorded the following commitments before voting: removal of concrete barricades on the site; installation of transitional landscaping (subject to staff approval) along the Post Road frontage to screen views from Post Road; adjustments to security lighting to avoid shining into neighboring windows; limiting Beachwood Avenue to emergency or secondary access only; planting 7 to 10 pine trees along Franklin Road for screening; prohibition on renting space or storing other parties’ vehicles; and tying the variance to the current owner (the variance would not automatically transfer with the property). The petitioner also agreed to work with staff on any additional administrative approvals needed for changes beyond the commitments.
Supporters in the hearing said the 1‑acre lot and existing commercial context on Franklin Road make the site suitable for a small tree service operation. Ron Phillips of the Warren Township Development Association said the offered commitments addressed many concerns. Councillor Paul Hart said the owner’s remediation of the dilapidated site had been positive but urged safeguards to prevent future intensification.
The board vote was unanimous in favor: Brian Hannon — yes; Percy Bland — yes; Joanna Taft — yes; Rayanna Bender — yes. The variance was granted subject to the recorded commitments.
