Zoning board continues decision on proposed convenience store at 1625 Shelby Street after 2-1 vote

The Metropolitan Board of Zoning Appeals, Division 3, on Friday continued action on a request to allow a new convenience store and related variances at 1625 Shelby Street after an indecisive 1–2 vote.

David Rutherford, a zoning attorney representing petitioner Jugad LLC, told the panel the site is a legally established former gas station and argued the property's small, triangular shape and existing fuel infrastructure make full compliance with the Transit Oriented Development (TOD) overlay and consolidated zoning and subdivision ordinance impracticable. “It is an existing gas station. It's legally established. He wants to add a very nice convenience store to the back of the property that would really dress the site up,” Rutherford said.

City planning staff recommended denial, saying the proposed building layout and site plan deviate substantially from TOD and the city’s comp plan guidance and that the site’s existing canopies, while preexisting, do not excuse the proposed low percentage of frontage and transparency along Shelby Street.…