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Petersburg council keeps special-use permit for West Washington auto business, warns owners on future violations

2336595 · February 18, 2025
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Summary

After months of enforcement and a planning commission recommendation to revoke, Petersburg City Council voted to deny rescission of a special-use permit for a vehicle rental/auto-repair business at 1036 West Washington Street, saying the site has been cleaned up but warning that future violations will prompt revocation.

PETERSBURG, Va. — The Petersburg City Council on Feb. 18 voted to deny a staff- and Planning Commission-backed proposal to rescind a special-use permit for a vehicle rental and auto-repair business at 1036 West Washington Street, saying the property has since addressed cited violations but imposing a clear warning that future breaches will bring revocation back to the council.

Naomi Seidmock, Director of Planning for the City of Petersburg, told the council that the special-use permit in question — originally approved in 2012 for Michael and Nina Stanley — was the subject of repeated violations, including inoperable vehicles left on site for longer than three days and outdoor storage of car parts and tires. She said zoning staff worked with the owner starting in July, issued violation letters and eventually pursued the rescission route when compliance did not occur in a typical enforcement timeline. "As of 01/29/2025, all staff's violations that were noted have been addressed," Seidmock said.

Staff and the Planning Commission had recommended revocation because, Seidmock said, the violations persisted long enough that the special-use permit process — the citys tool for addressing use-specific conditions — was appropriate. Planning commissioners voted 6-1 in favor of rescission when the issue last came before them.

Residents and neighbors urged Council to consider fairness and timeliness of enforcement. Jeff Fleming, a Petersburg resident, said he supports second chances but questioned the length of staffs enforcement timeline: "From July till February ... that's a little too much," Fleming told the council.

Several council members pressed staff on why the city had not pursued court action sooner and whether other properties with similar conditions were being addressed. Seidmock said the typical enforcement sequence begins with informal contact, then a 30-day violation letter and follow-ups; if those do not succeed, staff will escalate, including to court. In this case, she said, staff used the special-use permit rescission process in lieu of moving through the court docket because that procedure gave the city a different channel to address repeated noncompliance.

Councilman Smithley, citing the site's improvement in recent weeks, moved to "deny the conditions that we have placed on this particular business" meaning to deny revocation and allow the use to continue; he added that if the property returns to violation the council would remove the permit. Councilmember Myers seconded the motion. The roll call vote was unanimous: Council members Cuthbert, Jones, Myers, Westbrook, Smith Lee, Vice Mayor Hill and Mayor Perham voted yes; the motion carried.

The council action preserves the Stanleys special-use permit for vehicle rental/auto body/repair in the B-2 General Commercial District while formally documenting that the property must remain in compliance with the nine conditions tied to the permit. Seidmock read those conditions into the record earlier in the hearing: the permit is not transferable; vehicles must not protrude into West Washington Street; a site plan and any necessary building permits must be submitted; hours of operation and state and federal requirements must be followed; and no outside storage is allowed, among others. Planning staff recorded that the site had been cleaned up and that the outstanding items were addressed by Jan. 29, 2025.

Council members also asked staff to report back on whether other similar properties are in active enforcement and how many cases are pending; Seidmock said she would gather that information for the council. Several members emphasized that the councils decision was contingent on continued compliance, and that a new violation would prompt a return to the council for possible revocation.

The vote leaves the permit intact but frames the action as a conditional reprieve: the council declined to revoke the special-use permit now but made clear that revocation remains an available enforcement option if the property again fails the permit conditions.

Community members who spoke during the hearing also asked the city to enforce similar zoning standards across other parts of Petersburg where outside vehicle storage and debris have been visible; council members asked staff to inventory ongoing enforcement cases and report back.

The ordinance to rescind the special-use permit was the citys first significant zoning enforcement hearing of the evening. Planning staff and the council noted that the rescission process exists to address repeated noncompliance with conditions attached to use-specific permits when other enforcement steps do not resolve the problem.

Notes on next steps: staff will supply the council with a list of other properties under active zoning enforcement and will monitor the Stanley property for further compliance. If the city documents additional violations, the council may revisit the revocation request under the same procedural route it used this month.