06-25-1983 Regular MeetingJilhe 29, 1983
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The Smyrna Mayor and Council met June 29, 1983 at City Hall for the purpose of a
show cause hearing. The meeting was called to order at 5:30 p.m. by presiding officer
Mayor Arthur T. Bacon. All Council members were present except Jack Shinall who was
on vacation. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey,
Assistant City Clerk Melinda Hiatt and �City_Marshal Gene Golden.
Mr. Golden read the violations of Section 901 of the Ordinance concerning the require-
menet for paved parking and said he had notified the 13 businesses scheduled to appear
tonight on March 4, 1983 that they were in violation, with no response.
Yesterday's Furniture,.1298,Concord Road
Mrs. Jenny Lou Fowler, owner, stated .she did. not receive the letter from Mr. Golden.
It was apparently sent to Mr. Sprayberry who is renting the building from her. Mrs.
Fowler said she did not understand the violation and did not know what she was sup-
posed to do. Mrs. Fowler's daughter said she was. not financially able at this time
to have the parking area paved. Jim Hawkins said it should be up to the tenant of
the building to make necessary improvements and asked Mrs. Fowler to check the lease
agreement with Mr. Sprayberryy.
Jim Hawkins made a motion that Mrs. Fowler be given 30 days to file an answer with
Mr. Golden's office as to what actions will be taken to bring the property up to
code. Jim Tolleson seconded the motion which carried 6-0.
Davis and Associates, 1302 Concord Road
John Davis said he received Mr. Golden's letter of March 4th, but a city official
had told him not to worry about it, that nothing would be done. Mr. Davis asked what
the purpose was for having an ordinance requiring paved parking. lie had been told
that some of the businesses would be grandfathered, and if beautificatibn was the
purpose of the ordinance we were defeating our own purpose by not making everyone
comply. Attorney Camp said that one reason was that gravel could stick in the tread
of tires and cause additional wear on the city streets. Also, noncompliance by one
person is no excuse for others. Mr.;Davis said the cheapest esbimate he received
Was $3,000 and this expendi.ture would cause a serious problem with his budget. Jim
Hawkins made a motion that Mr. Davis .also be given 30 days to file a plan "of action,
seconded by Jim Tolleson. Max Bacon said he felt we needed a definite commitment
tonight as to when these improvements could be made because these people already
knew they were in violation and have made no response. After further discussion,
the motion and second were withdrawn.` Mr. Davis said he could not possibly complete
these improvements within the next year. Jim Hawkins then made a motion that Mr.
Davis be given to June 1, 1984 to comply. Elbert Coalson seconded the motion which
carried 5-1, with James Williams opposed.
To Have and To Hold,'1275 Concord Road
Robert Davies, owner, asked whose responsibility it was to have the parking paved.
The previous owner had his property •„rezoned, and he bought it contingente upon the
zoning being approved. At that time' he was told that a gravel parking area would
be .acceptable. He leases the building and his tenant put the parking area in. Mr.
-Davies said at the end of this year she may move the parking area to the ,back and
he. would hate to spend money on paving now if it is to be moved. Jim Hawkins asked
flow much time he would need, and Mr.{ Davies said he did not know now. He would have
to talk to his tenant but within 30 days he would be more prepared to give a specific
date for completion. Jim Hawkins made a motion that Mr. Davies be given two weeks
to reoply to Mr. Golden with a plan 'of action to bring his property up to code. Max
Bacon seconded the motion which carried 6-0.
Glen Stinson, Attorney, 1295 Concord Road
Mr. Stinson said his property was rezoned before he purchased it, but when the zoning
was submitted it was approved with a plat of the property showing,the proposed parking
area. Mr. Stinson said at that time~ the City ws totally satisfied and he did not
see how we could come back 5 years later and tell him he was in violation. At that
time, the building inspector told him :.everything was in compliance and a paved parking
area was never mentioned. After further discussion, Jim Hawkins made a motion that
Mr. Stinson be given 30 days to file:an answer with Mr. Golden as to what,he intends
to do to corect the problem. Jim Tolleson seconded the motion which carried 6-0.
F I
Jonquil Flowers, 1286 Concord Road
Chick Caswell, property owner, stated this property was zoned between 1970 and 1972
by Bit Rhodes when he lived there. It was originally zoned for a real estate office.
Attorney Camp said this property would not be grandfathered as far as the parking
is concerned becausae the use of the property has changed from the zoning and a flower
shop, which is retail sales, is not allowed in Limited Commercial zoning. Jim Hawkins
made a motion that Mr. Caswell be given 30 days to file a plan of action with Mr.
f
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Golden. Jim Tolleson
apply for rezoning to
,the amendment. Vote or
r
amended the motion to
a category compatible
the amendment and main
state that Mr. Caswell be required to
with the flower shop. Max Bacon seconded
motion carried 6-0.
Northside Electronics, 1216 Concord Road
Jim Hiatt showed pictures of his property and stated he had already begun work in
response to Mr. Golden's letter to correct the violations. He planned to regrass
the front yard and have parking on the side of the house and repairs in the back.
Jim Hawkins made a motion that Mr. Hiatt be given 6 months to comply. Sarah Jones
seconded the motion which carried 6-0.
Boling Construction Company, 1099 Concord Road
Joe Boling stated his property was rezoned in 1982 and he was still in the process
of remodeling and making improvements. Section 1305 of the ordinance states that
a building permit shall be valid for; a 2 year period and Mr. Boling said he would
wait for the time limit to expire before paving the lot, which cost more than he
could afford to spend now. Attorney Camp said the permit was good for 2 years as
long as it was still under construction, but that would not apply in this case since
they are already occupying the building. Mr. Boling said he intended to make the
improvements, but could not handle it financially at this time. Jim Hawkins made
a motion that Mr. Boling be given to June 1, 1984 to comply with the ordinance. Elbert
Coalson seconded the motion which carried 6-0.
Livsey & Associates, 1083 Concord Road
Mrs. Matina Maduras stated she purchased the property and petitioned for rezoning
in December 1979. She stated the business has not been a paying proposition and has
had the property up for sale and could not handle any major improvements at this
time. Also, she had doubts that they Would be open next year. Mayor Bacon asked Mrs.
Maduras if she sold the property right away, to be sure and notify the new owners
of the ordinance requirements. Jim Hawkins made a motion that Mrs. Maduras be given'
to June 1, 1984 to comply. Attorney! Camp stated that any business license issued
under these circumstances should be conditional and marked accordingly on the license.
Max Bacon seconded the motion which carried 6-0.
Antique Accents, 833 Concord Road-;Don's Auto Sales - Cochran Floor, 843''Concorde.
Mr. Roy Roberson, owner of these three parcels, stated this property was' coned in i
1958 or 1959 by Bill Sanders at the same time he had his adjacent property rezoned.
for a funeral home. Mr. Camp asked- if he could obtain a letter from Mr. Sanders con-
firming that it had been rezoned, and the date and Mr. Roberson said he could. Jim
Hawkins made a motion that Mr. Roberson be given 30 days to produce proof of the
rezoning in 1957 or 1958 and if so, these businesses would also be grandfathered.
Jim Tolleson seconded the motion which carried 6-0.
Hunter Firearms, 819 Concord Road - Bill's Barber Shop, 821 Concord Road
Bill Eidson, owner, was not present, but Mayor Bacon said he had accepted,a letter
from him earlier that day and told him it would not be necessary for him to appear
tonight. The letter certified that Mr. Eidson was the owner of these two, lots and
that 821 Concord Road had been at the same location since 1957 and the gun shop for
approximately 8 years. It was agreed, to acknowledge receipt of Mr. Eidson's letter
And also notify him by letter that although he may not technically be made to comply
At this time, we wold appreciate it if -,he could make necessary improvements.
Mr. Camp said that the businesses that were grandfathered were rezoned prior to adop-
tion of our Code of Ordinance in July, 1977. In order to make these people comply,
it will be necessary to write a "sundown" ordinance.
Meeting adjourned at 8:10 p.m.
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