Smaller small business compelled to shell out thousands on zoning ‘technicality’

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Picture by town of Austin

Monday, February 7, 2022 by Jonathan Lee

The Zoning and Platting Commission Tuesday blamed the city’s complicated code immediately after listening to the case of a landscaping small business being forced to rezone its assets at a charge of 1000’s of pounds. 

The 1.7-acre residence at 13561 Pond Springs Highway in Northwest Austin is dwelling to Great Cuts Landscaping, and was earlier a nursery for lots of yrs. Last year, the city’s code department cited Great Cuts for running a organization not permitted in Group Commercial (GR) zoning. Due to the fact the city deems landscaping to be “construction sales and services” – a use only authorized in the extra powerful General Business-Blended-Use (CS-MU) zoning – it wants a zoning transform. Metropolis staffers suggest GR-MU zoning, which would in impact power the enterprise both to shift or to shut down.

Nikelle Meade, agent for the owner, informed the Austin Check that her client has “had to go to extraordinary issue and expense to fulfill what quantities more or much less to a technicality.” According to Meade, the owner has been seeking to perform out this challenge with the town for practically two decades. Code enforcement cited the house last February, which means the owner has accrued thousands in fines in addition to a $11,331 payment to improve the zoning. According to the citation, fines accrue at up to $1,000 for each working day immediately after a 30-working day grace period of time.

“We will be inquiring for any citation fines to be waived in the desire of justice,” Meade said. “We experience strongly that no citation ought to at any time have been issued.”

Meade reported fines will continue on accruing until eventually Metropolis Council approves the new zoning. The zoning change request was submitted in September. The scenario has a day in Municipal Court in the coming months to type out the make a difference. 

Fantastic Cuts makes use of the assets to shop its pickup vans and landscaping resources. Some…

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