Tire store request

denied by Fayetteville P&Z

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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.