Wednesday, November 8, 2000
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Wednesday, November 8, 2000 |
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City of Fayetteville sued over denial for tire store
By JOHN
MUNFORD The city of Fayetteville is being sued over a decision from City Council that, a land owner alleges, caused him to miss out on a chance to sell his property to a national tire chain. Council had denied a special exception request from Larry Lynn for his property at the corner of Ga. Highway 54 and LeMans Drive. The exception was necessary since the city's zoning ordinance requires such exceptions for "automotive repair facilities" to locate on property zoned C-3 (highway commercial). In the suit, Lynn alleges that the proposed tire store on the property is not an auto repair facility. Big 10 Tires had signed a contract to purchase the property, but later the company backed out after council denied the special exception request, the suit states. Before the request was denied by council, Lynn's attorney, George Rosenzweig, argued that the request is proper for the zoning and other conditions on the site and in the area. In the suit, Lynn is asking the court to force council to give him a special exception for the property. The proposed store would have encompassed more than 5,500 square feet, with approximately 1,000 square feet in the showroom and waiting room and an additional 1,500 square feet of storage space. The remainder of the space would have been used for tire installation bays. The city's Planning and Zoning Commission had recommended that the special exception request be denied based on the proposed use's incompatibility with the city's future land use plan. The suit alleges that the future land use plan is unconstitutional.
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