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Council denies zoning request for food truck

Wed, 07/06/2022 - 5:00 am

After nearly an hour of deliberation, Jacksboro City Council members denied a zoning change for a smaller lot for a food truck business during their June 27 meeting.

In a unanimous vote, the council opted to not set precedent by varying from their minimum 100 by 100 lot size for a business at 536 N. Main St. City Manager Mike Smith said the lot is almost wide enough but not deep enough.

Gary Oliver, who owns the car wash directly to the south of the business said the clientele that patronize the truck pull a lot of trailers and admitted concern over the ingress and egress of the facility, saying the drivers would have to park on the highway or use the car washes on both sides of the lot. He also questioned the amount of trash that could be a problem.

“They’re nice people,” Oliver said. “I have no bad wishes toward them but this is a bad direction,” Oliver said.

Through an interpreter, Owner Elvia Hernandez, who purchased the lot in April 2021 said she has been fighting this battle for more than a year and a half. She has done what the city asked, spending a lot of money in the process, and she simply wants to operate her business.

“My customers want me here,” Hernandez stated. “My customers want my food.”

Hernandez said she feels like a victim of the previous owner who was trying to sell the property. She thought approval by the Planning and Zoning Commission meant things were done. She said parking shouldn’t be an issue because “people park where they want in the city anyway”.

Smith reminded the council the lots next to Hernandez are useless without being replaced and that approving this request could set a precedent.

Smith said it was obvious that Hernandez was misled when she bought the property. Smith said he and city staff had been working with the previous owner for more than a year to repeat the lot and make it usable but he refused to do it.

“He knew what he was doing and decided to sell to her anyway,” Smith said.

“She was taken advantage of by the previous owner,” Mayor Craig Fenter said. “I don’t like the situation. She has invested a lot of time and money.”

Alderman Libby Gonzales said the truck is in a temporary situation and questioned what would happen if they did approve the zoning request and she decided to leave for whatever reason and was told the city would be stuck.

Alderman Stewart Chalmers admitted he was concerned about “opening Pandora’s Box” and what it could do in the long run.

In a related item, the council did approve a business change in the H&R Block Building at 102 N. Church. Owner Gary Massie said he plans to open a market with meat, produce, baked goods, dairy, a mercantile style boutique, home goods, outdoor products and various other retail items.

Massie told the council he will be serving sandwiches for inside purchase or take out. He said it is something that is well needed in the community.

He says that he hopes to make it similar in style to one in Mineral Wells. No construction date and opening were given.

The council will meet at 5:30 p.m. Monday, July 11 in City Hall.