The Shadow
Covington City Council cannot seem to escape zoning issues.
During their regular March meeting Tuesday night, Covington business owner Tommy Garten approached council to rectify yet another zoning problem on property Garten owns at the corner of Lexington Avenue and Chestnut Street.
Garten said he is partnering with Enterprise Car Rental to operate a rental car business on the property he owns across the street from Alleghany Motors.
When Enterprise sought a business license last week, the application was denied due to improper zoning.
While Garten has operated a commercial business there since he purchased the business in 1994 and businesses have been operating at that location since the 1950s, the property has all the while been zoned for manufacturing, thus making it against city code to operate a commercial business at that location.
Covington City Manager John Doane made two suggestions – change the code or issue a conditional use permit.
The first option did not sit too well with Garten.
“Well, I think that’s absurd. That would open you up to a can of worms that you’ll never get rid of,” Garten said.
Covington Vice Mayor Rob Bennett asked how an additional zoning problem has surfaced.
While a zoning problem at the corner of Patrick and Gray streets still exists, Bennett asked if two different zoning administrators can come up with two different opinions on a property’s use.
“Basically, a previous zoning administrator made an error in judgement to allow a business license be given to a property that is not zoned for business. Can two zoning administrators have two different opinions?” Bennett asked.
Garten said over the years he has operated a business at that location, and there have been no complaints regarding the use of the property. Although zoned for manufacturing, the property has housed a car rental business, a travel agency, a Subaru sales showroom and a contracting business. It also was the location of a service station in the 1950s.
“It’s zoned M-1 and there is no way in the world any manufacturing would fit in there,” Garten added.
Covington City Attorney Elizabeth Dillon said the zoning could be researched to determine if it qualifies for a grandfathered non-conforming use status, or council could expedite a conditional use permit by meeting with the Covington Planning Commission, hash out the permit, hold a public hearing, then vote on the permit.
Several times, Garten asked for direction.
“I just paid $21,000 for a license to operate in the city of Covington. I think we need to encourage new business to come to Covington,” Garten said.
“Amen,” someone from the audience replied.
Garten said he could not ask a business to operate without a license. He asked if the city could provide some documentation to assure Enterprise the problem will be solved.
“It’s imperative I have something I can tell Enterprise,” Garten said.
Despite operating a business there for years, Garten said, “No one told us anything about this until one week ago.”
Garten said many of the General Motors dealerships are partnering with Enterprise to operate their rental car franchise.
Council directed Dillon to draft a letter indicating that city council and the planning commission will expedite the approval of a conditional use permit.
After a public hearing, council approved an amendment to the Solid Waste Management Plan that would include the operation of the Peters Mountain Landfill for 20 years.
Janet Nelson presented the annual report of the C.P. Jones Memorial Library in Covington.
She said this year, the library has seen a 30 percent increase in visits and a 10 percent increase in computer usage.
“People are using the library more now than they have in the past,” Nelson said.
The library has partnered with the Virginia Employment Commission to provide a re-employment specialist for the area and target programs for skill building and obtaining employment.
The library will also offer a Green Thumb Garden Series provided by the Alleghany Highlands Master Gardeners.
In other action, council:
– approved the reallocation of $1,000 from the Tour of Virginia bike race to a local biking event. A Grand Fondo race, which encourages participation by cyclists of all skill levels, is planned for July. Matthew Butterman told council he anticipates 500 to 1,000 participants in the event;
– approved entering into an agreement with TAP to apply for a Community Development Block Grant for provision of a loan fund to assist new or existing businesses;
– approved a memorandum of understanding for the construction and operation of a Farmers Market at the intersection of Main Street and Monroe Avenue. The project is targeted to be complete in 2011;
– approved allocation of $110,000 for improvements and operating expenses for the former Jeter-Watson Intermediate School. Now dubbed “The Jeter-Watson Center,” the building will house many of the programs currently at the former Rivermont School. Of the total, $40,000 is for operational expenses such as utilities and $70,000 is for repairs and improvements to the building. Councilman Bill Zimmerman suggested the former Rivermont building be converted into apartments for the elderly. Doane said no one has expressed interest in Rivermont, but there has been some interested in the former Edgemont building;
– approved accepting a bid not to exceed $75,400 for Blue Ridge Mass Appraisal to perform the city’s next reassessment;
– heard a report by Doane that the Alleghany Avenue sidewalk project, which would install a sidewalk on Town Hill. The $500,000 project will go out to bid soon and construction is expected to be performed this year;
– approved acceptance of a Fire Programs grant of $789;
– after a public hearing, approved applying for a Department of Agriculture Rural Development grant for two new police vehicles;
– approved resolutions for departmental transfers and a transfer from surplus of $27,956 for joint services;
– Zimmerman asked for a review of the city’s hot pursuit policy in light of the recent high speed chase that ended in an accident in Covington.
Council met in closed session to discuss legal matters. No action was taken following the closed session.
