Erin Wuste, a real estate broker, told the Peculiar Board of Aldermen that a building she represents at 355 Trackside Drive has lost two purchase contracts because a Downtown Overlay District retail overlay does not match the property’s metal-building character.

“The whole premise of retail zoning is like brick and mortar buildings and high foot traffic and that’s what people buy and people pay for,” Wuste said. “Our clients that want retail don’t want it because there’s no visibility and no brick and mortar buildings. And then vice versa … it’s a metal building, so the people who want the metal building can’t have that retail overlay on top of it.”

The complaint prompted a city staff explanation that a variance request would generally be the fastest route for an individual buyer, while a broader zoning-text change would take longer. A planning staff member told the aldermen the city is beginning a review of the land-use code starting at chapter 400 and that variance petitions are commonly used when a buyer has a specific use in mind.

Wuste and neighboring residents described the site as roughly a half-mile from downtown and surrounded by other metal buildings, including self storage and an unused city-owned structure. That mix, they said, makes “retail” an impractical designation for the parcel.

Residents who live next to the property and neighbors who spoke at the meeting urged caution about changes that would affect people living adjacent to the site. Debbie Hughes told the board the property and the longtime shop next door have been in active, maintenance-minded use for years, but that buyers keep getting blocked by the overlay rule.

City planning staff explained two technical constraints complicating relief: (1) the city’s land-use table that lists allowed uses was updated in 2013 and later renamed from an Arts and Culture District to the Downtown Overlay District in 2022; and (2) a previously allowed use loses its legal nonconforming status if it is not used for more than six months, which can make it harder to return an older use to the site without variance or rezoning.

Staff advised that a buyer who knows the intended use can apply for a variance prior to purchase, and that city staff can provide guidance on which uses in the code are compatible with the building. Wuste said the property was built in 1988 and that the city’s use table spans 14 pages; at the meeting she asked for a clear, shorter summary of permitted uses for properties such as hers.

No zoning change or formal motion on 355 Trackside Drive was taken at the June 16 meeting. Aldermen and staff directed the owner and prospective buyers to coordinate with planning staff about either a variance application or a targeted rezoning request so the matter can be considered through the established code process.

The issue will return to the record if or when a formal variance or rezoning application is filed.