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Council hears extended complaints about 81 East Main Street; looks to state and zoning changes
Summary
Councilors and residents raised long-running complaints about vehicle storage and apparent junkyard conditions at 81 East Main Street. City staff said state junkyard rules and the city’s form-based code complicate enforcement; council asked staff to request a state site visit and to consider zoning changes to add buffers in form-based zones.
Charlie Elliott provided a staff update on complaints and enforcement history at 81 East Main Street, describing competing claims between a business operator and neighbors over vehicle storage and site appearance. “If I’m trying to draw compromises between people that are not willing to compromise,” Elliott said, “...the zoning violations come down to pretty much appearance and, some buffering between them and the neighbors.” Neighbors described the property as an eyesore and raised concerns about oil and antifreeze runoff, anti-social storage of many vehicles and the pace of cleanup. One speaker summarized a written comment from a councilor: “Form base works on Main Street. ... East Main Street, only other hand, is different and should not be included. It is lowering the value of property, behind the commercial properties.” City staff said the state defines and enforces junkyards and that a key legal distinction is whether parts are being sold; staff noted the property’s status under the form-based code complicates local action. “One of the things is is he must be selling parts. K? To be a junkyard,” Elliott said; council members and residents disputed whether that threshold was met. Actions taken and next steps: The council asked Elliott to contact the relevant state regulator to request a site inspection and determination. Councilors also discussed pursuing a zoning change to require setbacks or vegetative buffers where form-based code parcels back onto residential properties; staff estimated a zoning change could take roughly three months to complete through the planning commission and public hearing process. Why it matters: Neighbors said the condition of the parcel affects adjacent residential property values and daily living conditions; councilors indicated the issue may reflect a broader drafting gap in the city’s form-based zoning for areas where commercial parcels abut residences. Possible remedies discussed included screening/hedges, DRB-imposed conditions if a permit is required and referral to the state for junkyard determination.
