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Commission backs staff recommendation against rezoning at East Estetter; applicant urged to seek conditional use permit
Summary
The Planning & Zoning Commission recommended denial of a requested rezoning for Lots 458 and 9 (317 E. Estetter/316–318 E. Bustamante) sought by Level Up Investing LLC to allow auto sales, and encouraged the owner to pursue a conditional use permit to continue operations under limits.
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The Planning & Zoning Commission recommended denying a request to rezone property at 317 East Estetter and 316–318 East Bustamante from B‑1 to B‑3, a change the applicant said would allow him to operate an auto sales business alongside an existing training facility.
Jesse Levin, the applicant and owner, told the commission he has operated on the site for years and has tried to bring the property into compliance. “I have been in the auto industry since I was 14 years old,” Levin said, describing a long history of buying and selling vehicles and noting he had provided parking and other improvements. Staff had flagged prior citations at the site and told the commission it does not support the zone change as presented.
Staff and commission members questioned Levin about occupancy and parking counts; staff noted the property has a certificate of occupancy for a fitness facility and for limited office use but not for a full dealership in the B‑1 zone. Staff advised that a conditional use permit (CUP) could allow the combined uses on the property subject to conditions such as limits on displayed vehicles or inventory parking.
Commissioner 11 moved to close the public hearing and to support staff’s recommendation; the motion carried by voice vote. Staff told the applicant the commission had recommended denial of the zone change and explained appeal and next-step options, including reapplying for a conditional use permit or appealing the decision to city council. The commission’s action was a recommendation to council and does not itself change zoning.
Levin said he is willing to pursue the CUP process and staff committed to follow up to explain application requirements. The matter will proceed to city council for final action unless the applicant pursues an administrative CUP route.

