Commission denies appeal to allow car sales parking in city right‑of‑way at 721–727 Birmingham Ave

The Planning Program and Zoning Commission on Feb. 11 denied an appeal by A and D Auto Sales LLC that would have allowed vehicles, including cars for sale, to be parked in the city‑owned right‑of‑way between the street and property line at 721–727 Birmingham Avenue.

Planning staff (Tamala and Schrader) recommended approval, noting that another business nearby has historically parked in the right‑of‑way without recorded complaints and that allowing parking in specific older infill locations can aid redevelopment. Planning staff said the request would not appear to have a negative impact on traffic or the neighborhood, subject to the condition that parked vehicles not block the street system.

City engineer Jamie Knudson and engineering staff recommended denial. Knudson told commissioners the city has received multiple complaints over the years about vehicles parked where they should not be, and engineering was concerned that the property owner had outstanding compliance issues at other sites around town. Knudson also cited safety concerns tied to sightlines at nearby intersections.

Schrader said the zoning ordinance prohibits parking in the right‑of‑way (the area between curb and property line) unless a permit or appeal is approved; staff noted a 2017 approval of a similar appeal at a different site. The staff packet referenced city ordinance 4‑6‑02 prohibiting parking in the right‑of‑way and section 10‑25‑2(d) of the zoning ordinance as relevant code provisions.

Commissioner Schoberg moved to approve the appeal subject to the condition that parking not block the street system; Commissioner Ewing seconded. The commission conducted a roll‑call vote: Doonan — no; Poe — no; Lysteko — yes; Schoberg — yes; Ewing — no; Schurk — no; Voigt — no. The motion failed, 2–5, and the appeal was denied.

Engineering staff said complaints and prior noncompliance by the property owner at other locations weighed heavily in the department’s recommendation. Planning staff said the city does not intend to change the ordinance for new developments and that appeals are handled case‑by‑case for older areas where on‑street parking has historically occurred. The commission’s denial means existing code enforcement and engineering concerns remain in force; any future attempt to seek a permit or appeal will require addressing engineering and code compliance issues first.