The Fayette Citizen-News Page

Wednesday, September 20, 2000

Council tables Big 10 Tires request

By MONROE ROARK
mroark@TheCitizenNews.com

The Fayetteville City Council voted Monday night to table a special exception request for a proposed Big 10 Tires location on the west side of town, saying that a possible legal challenge necessitates consultation with the city attorney before making a ruling.

The request for a special exception to operate an automotive repair facility in a C-3 zoning was recommended for denial by the Planning and Zoning Commission last month.

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.

The petitioners have maintained that the facility should be considered mainly a tire retail outlet that also makes tire installation available, but city officials are not buying that.

Nothing new was said about that Monday night, after two appearances before the Planning and Zoning Commission and one visit to last week's City Council workshop. Attorney George Rosenzweig, while going over the city's ordinance, said that the request is proper for the zoning and other conditions on the site and in the area, as he had said before.

A representative of Big 10 Tires was present, and in response to questions from council, he said that the store would be company-owned, as all Big 10 stores in Georgia are. He said the 5,580-sq. ft. building would contain about 1,000 square feet of showroom and waiting room space, with 1,500 square feet of storage space
for tires and the rest consisting of bays for tire installation.

Also included in the record was a letter from Rosenzweig's firm to the city that stated the P&Z ruling was improper on constitutional grounds and according to the standards of the zoning ordinance. That, combined with the presence of a court reporter at Monday night's meeting, raised the possibility of litigation in the minds of some council members.

The issue is expected to be revisited at the Oct. 2 council meeting.


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