TO: Mayor and City Council
FROM: Beth Beatty, City Manager
SUBJECT:
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Ordinances Associated with 725 and 805 W. Jefferson Street:
Ordinance Approving a Special Use Permit to Allow a Used Car Dealership, Located at 725 and 805 W. Jefferson Street (ZBA 2024-46)
Ordinance Approving a Variation of Use to Allow a B-3 (General Business) Use in the B-1 (Neighborhood Business) Zoning District, Located at 805 W. Jefferson Street (ZBA 2024-47)
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BACKGROUND:
The petitioner, Mohamad Sunbuli, is requesting approval of a special use permit and a variation of use to allow the re-establishment of a used car dealership at 725 and 805 W. Jefferson Street. The sites were occupied for over thirty (30) years by Bob Martin Auto Sales, a used car dealership, which closed in 2022. The proposed dealership, Global Auto Sales Inc., will sell pre-owned cars priced on average between $7,000 to $20,000, though prices may exceed that range. Cars will be displayed on the 805 lot (northwest corner of Jefferson Street and Raynor Avenue), and the office with client and employee parking will be located on the 725 lot (northeast corner of the intersection). The cars to be sold will be detailed and cleaned in the shop area on the north end of the building. The business does not perform general auto repair. Proposed hours of operation are Monday through Saturday 11 AM to 7 PM. The business will have three (3) employees.
Bob Martin Auto Sales initially occupied 725 W. Jefferson Street around 1987. In 2000, the business received approval of a special use permit (Ordinance #12984) to allow a “used car sales lot” at 805 W. Jefferson Street so that they could expand their outdoor display area. As part of the special use approval, Bob Martin was required to install landscaping along Jefferson Street and a solid fence along the north property line. Bob Martin Auto Sales closed at both sites around 2022. Since a year has lapsed since the use ceased, a new special use permit is required for the proposed dealership.
The building on 725 contains office space, a lobby, and a repair area. An insurance company currently operates out of one of these office spaces. There will be four employee parking spaces and four customer parking spaces on the 725 lot. The petitioner plans to provide some additional landscaping where possible on the perimeter of the 725 lot. The petitioner will also need to upgrade all parking lot lighting to meet current ordinance requirements.
The property is located on a commercial section of Jefferson Street at Raynor Avenue, within the Cathedral Area neighborhood. The surrounding area is a mix of commercial and residential uses. The 725 lot is zoned B-3 (general business) and the 805 lot is zoned B-1 (neighborhood business). The Zoning Board of Appeals approved variations to reduce the number of required parking spaces from 12 to 8 and to allow the dealership repair building to be within 100 feet of residential zoning at their meeting on September 19, 2024.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on September 19, 2024. Safaa Zarzour, attorney, and Mohamad Sunbuli, petitioner and business owner, represented the petition. Three people spoke in favor of the petition. One person spoke in opposition to the petition. One public comment was submitted in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Bridgette Roehr moved that the Zoning Board of Appeals recommend approval of the Special Use Permit request to allow a used car dealership, a Variation of Use to allow a B-3 (general business) use in the B-1 (neighborhood business) zoning district, and a series of Variations to reduce the amount of off-street parking spaces and to allow a car dealership repair building to be located within 100 feet of a residential zoning district at 725 and 805 W. Jefferson Street, subject to the following conditions:
1. That the parking lot lighting shall be updated to meet current City ordinance prior to the issuance of a business license;
2. That no other operable or inoperable vehicles shall be stored at the site at any time;
3. That a City business license shall be obtained;
4. That the Special Use granted shall herein terminate and lapse unless a building permit or certificate of occupancy is obtained not later than 180 days of the effective date of this ordinance and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown without notice or hearing. Whether or not there is an intention to abandon the Special Use, if any special use is discontinued for a continuous period of one year, or if an intent to abandon the Special Use is evident in a shorter period of time, the Special Use for such use shall become void, and such use shall not thereafter be reestablished unless a new Special Use Permit is obtained; and
5. Should the property be declared a public nuisance, it shall be subject to a rehearing and a possible revocation of the Special Use Permit.
Ralph Bias seconded the motion, which passed with five (5) aye votes and no nay votes. Voting aye were: Hennessy, Nachtrieb, Bias, Roehr, and Radakovich. Voting nay were: none. Absent were: Riggs.
RECOMMENDATION:
recommendation
The Administration concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt the following, subject to the same conditions approved by the Zoning Board of Appeals above:
1. Ordinance Approving a Special Use Permit to Allow a Used Car Dealership, Located at 725 and 805 W. Jefferson Street
2. Ordinance Approving a Variation of Use to Allow a B-3 (General Business) Use in the B-1 (Neighborhood Business) Zoning District, Located at 805 W. Jefferson Street
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