The Fayette Citizen-News Page

Wednesday, August 30, 2000

Tire store request denied by Fayetteville P&Z

By MONROE ROARK
mroark@TheCitizenNews.com

Despite claims that a proposed Big 10 Tires store on the western end of Fayetteville would merely be a retail store and should be treated as such, the city’s Planning and Zoning Commission disagreed and voted last week to deny a request for a special exception.

Big 10 Tires traditionally offers general tire maintenance services, such as putting your tires on your car after you purchase them, although such services are mainly for tire buyers and not advertised to the general public, according to attorney George Rosenzweig, who represented the applicants at the meeting.

Rosenzweig said that despite these ancillary services, the store should be seen and treated mainly as a retail tire outlet. “The fact that people go into an Amoco and buy beer and hot dogs does not make it a beer joint or a restaurant,” he said.

The site in question is at the corner of Ga. Highway 54 and LeMans Drive. Adjoining properties, zoned C-3 as this site is, include a Waffle House, a convenience store and office complexes.

City staff recommended denial based on the proposed use’s incompatibility with the city’s future land use plan.

Reading from the city’s ordinance, Rosenzweig said that C-3 zoning allows “auto, truck, mobile home, recreational vehicle, heavy equipment, boats, and related service and maintenance facilities.” He said that these uses are available “as a matter of right.”

Saying that C-3 is classified by the city as “highly commercial,” he pointed out that Carolyn Ford, which was the subject of an unrelated item earlier in the meeting, mentioned having a service department that uses up to 100 parking spaces on its lot each day, also in this zoning classification.

Rosenzweig said that as he reads the land use plan, the area is earmarked for “community commercial,” but some uses already in the area such as Auto Zone do not fall into that category. “The land use plan is not set in concrete,” he said.

Some residents previously aired concerns about possible noise problems stemming from the use of pneumatic tools and other items commonly found in tire service centers. Rosenzweig said that after checking out the site, he found the noise from the highway itself to be far louder than whatever Big 10 Tires could produce, and he suggested that motorists traveling that stretch of road would probably not be distracted by the activities of the tire store.

“This is logical for this site,” he said of the proposal for the property.
There was no public comment on the issue.

Commissioner Allen Feldman said that he felt the group should follow the city’s land use plan. Rosenzweig agreed that Feldman’s point was a valid one, but added that the zoning, which he said is already compatible for the use, has the force of law.

Nevertheless, Feldman moved to deny, and was seconded by
Al Lipscomb. The motion passed 3-0, with Sarah Murphy abstaining.
The applicant now has the option of appealing the decision to the City Council.


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