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Zoning board denies petition to allow used-car sales next to preschool
Summary
The Metropolitan Board of Zoning Appeals Division 1 denied a request to allow auto sales at 3002 E. 56th St., citing incompatibility with the C3 office-commercial district, proximity to Polly Panda Preschool and the Nickel Plate Trail, and community opposition. The vote was unanimous to deny the use variance.
The Metropolitan Board of Zoning Appeals Division 1 on a recorded voice vote denied a petition to allow a used-car sales operation at 3002 East 56th Street, a C3 office-commercial parcel adjacent to Polly Panda Preschool and the Nickel Plate Trail.
The petitioner (listed in the docket as Siobhan Watson/Everyday Auto) proposed restricting inventory to a maximum of 10 vehicles, holding sales by appointment and supervising all test drives. At the hearing the petitioner said the operation would be “low intensity” and committed that “we asked for a maximum of 10 vehicles kept on-site at any time.” Planning staff and numerous neighbors urged denial. Planning staff recommended rejection because automobile sales are not an allowed use in a C3 district and because the request conflicted with the city’s land-use guidance for the corridor.
Polly Panda Preschool’s lawyer and multiple residents stressed proximity to children and trail users. Attorney Greg Zubet, speaking for Polly Panda, told the board the petition failed to meet the five statutory tests for a use variance and noted the petitioner purchased the property with existing zoning: “We respectfully request that the Board of Zoning Appeals deny this request for use variance, which is wholly incompatible with both the current development, the zoning, and the comprehensive plan.” Several parents and neighborhood association leaders cited traffic sight-line and crime concerns near the preschool and the Nickel Plate Trail.
City-County Councilor Dan Boots, whose district includes the site, urged denial on similar grounds, saying the proposal was “the wrong use in the wrong location” and warning that placing an outdoor vehicle inventory near the trail would undercut corridor revitalization efforts.
After public comment and staff analysis, the three board members cast votes against granting the variance; the board announced the variance was not granted. The board recorded the outcome as denial and concluded that neighborhood compatibility and the comprehensive-plan guidance outweighed the petitioner’s commitments.
