The Metropolitan Board of Zoning Appeals Division 1 denied petition 2024 UV1027, which sought authorization for a heavy truck and equipment service and repair operation with extensive outdoor storage at 7720 West New York Street. The vote was unanimous.

Petitioner representatives said the operation began after the site was developed in 2019 and that county inspections had occurred during the past five years without prior enforcement action. Consultant Mitch Seaver said the owners had invested about $1.2 million and employ roughly 78 people; he asked the board to approve the use rather than force closure and job loss.

Nearby property owners and business neighbors strongly opposed the request. Brian Davidson of HydroServe Properties and Bradley Davidson, HydroServe’s executive vice president, presented photos and a letter asserting that numerous trailers and truck parts have been stored outdoors for extended periods, that gravel and reclaimed asphalt expansion occurred without proper permits, and that diesel and other contaminants have been discharged to the storm system. “They’ve been dumping oil and diesel fuel into the streets and down the storm sewer system to clean out their tanks,” Brian Davidson said; he asked the board to deny the petition.

Staff recommended denial. Planners explained that I2 zoning allows industrial uses that pose little to no hazard when operations are enclosed and limited in outdoor extent; the petition requested outdoor operations that would cover much of the site, would be as close as 15 feet to protected residential districts, and would conflict with the ordinance’s 25% outdoor storage limitation for the I2 district. Staff said the request represented an intensity more suited to I3/I4 heavy industrial zoning and that the record does not show a practical difficulty preventing lawful I2 uses.

The petitioners offered commitments during the hearing: limit the variance to the petitioners only (no automatic accrual to future owners); require that all vehicle and repair work occur indoors; restrict repairs to ‘‘minor’’ maintenance (e.g., tires, brakes, batteries and similar maintenance rather than major engine rebuilds); allow inspections by the city and registered neighborhood organizations on reasonable notice; limit exterior lighting to low‑intensity, solar‑powered fixtures; and set hours (Monday–Friday 8 a.m.–8 p.m., Saturday 8 a.m.–6 p.m., closed Sundays). Petitioners confirmed those commitments on the record.

After hearing remonstrator testimony, staff analysis and petitioner rebuttal, the board recorded unanimous votes against the petition: Jennifer Witt — no; David Duncan — no; Peter Nelson — no; Andrew Catona — no; Tom Barnes — no. The variance was not granted.

Neighbors and staff recommended the petitioner relocate to a site zoned to permit heavy outdoor operations, and the board’s denial leaves enforcement and follow‑up to DBNS and other agencies.