Memphis Council approves time-limited permit for auto-repair lot at 1389 Fairfax Street

The Memphis City Council on Jan. 7 approved a planned development (PD 24-16) to allow an auto-repair and vehicle-sales operation at 1389 Fairfax Street in North Memphis, adding a sunset condition that the approval expire Nov. 1, 2027.

Council members voted to approve the PD after hearing from the applicant and Division of Planning and Development staff, who said the project had been sent down from Planning & Zoning with a recommendation of rejection. Vice Chair Swearingen Washington moved the item; Councilman Warren seconded the motion and the body voted to approve as amended.

The applicant, Aaron Bright, told the council he owns 1389 Fairfax Street and the adjacent 1375 Fairfax Street and said he purchased the property "7, 8 years ago" to operate his business. Bright said he had recently been ill and described efforts to clean and repair the site. "I bought this property 7, 8 years ago as EMP to do my business so I can support my family," Bright said. "I did everything right. I didn't cheat." Planning staff Brett Ragsdale said the division had no change in its recommendation but acknowledged the applicant had made cleanup efforts and brought photos to share.

Councilwoman Dr. Easter Thomas, who raised neighborhood planning concerns, said she would support approval only if the council added a time-limited condition. "If the sunset clause is not on the table, then my vote will be a staunch no," Thomas said during the discussion. Ragsdale and other staff described a sunset provision as a condition that would cause the PD approval to expire on a set date and revert to the underlying zoning unless the applicant sought a new approval.

Council questions and staff exchanges clarified permitting status: Planning and Code staff said they found a demolition permit and a fence on file but no building permit for structures at 1389 Fairfax and no certificate of occupancy recorded for the current operations; the applicant did have a business license on file. John Zena of Planning noted that a building permit and certificate of occupancy would be required but were not present in the record the division reviewed.

Several council members urged outreach between the applicant and neighbors and recommended the applicant and council staff continue discussions about longer-term downzoning in the area. Council members Cooper-Sutton and others voiced support for locally owned businesses and emphasized monitoring and communication if the business struggled to maintain the site.

The council agreed to the amended conditions including removal of barbed wire fencing and compliance of the rear storage area with UDC standards, and to a sunset date in November 2027. The roll-call vote recorded members voting yes: Carlisle; Cooper-Sutton; Easter Thomas; Ford; Green; Logan; Smiley; Espinosa; Vice Chair Swearingen Washington; Walker; Warren; White; Chairman Canale. The motion passed.