AUBURN — An Auburn man’s request to rezone his property from residential to light industrial to allow his automotive repair business to continue to operate was denied by a city board.
The Auburn Plan Commission voted 10-1 Tuesday to send an unfavorable recommendation to the Auburn Common Council on a zoning classification change filed by Caleb Decker, 714 Hazel St.
In April, the Auburn Board of Zoning Appeals denied three variance requests filed by Decker to operate the business in an area zoned for residential use.
Plan Commission members Tamera Bailey, Drew Bolen, Jim Finchum, John Good, Mike Makarewich, Daryl McConnell, Joe Schultis, Thomas Smith, Lucas Straw and Logan Zuber all voted to send the unfavorable recommendation. Christopher Lamm voted against that measure. County liaison Suzanne Davis does not have voting authority.
The vote followed more than 90 minutes of testimony from friends, neighbors and customers of Decker who praised his character, work ethic and desire to help make quality repairs at affordable prices.
Staff report
In the staff report, City Planner Jim Cadoret noted at its July 28, 2020 meeting, the BZA approved a variance for Decker to be able to increase the maximum lot coverage from 40% to 50% to allow for construction of an accessory structure on the property, with the understanding that the building would not be used as a business.
At the time, Decker had told staff he intended to use the building as a hobby workshop for vehicle maintenance and woodworking, but did not intend to operate a business. The report indicated staff was “very clear” in its discussions with Decker that an auto-oriented business was not permitted in the property zoning.
On Feb. 22, 2024, Decker was issued a notice of violation that his auto repair business, Hot Wrench Auto LLC, was not allowed to operate from the property after staff received complaints and numerous vehicles being parked along Hazel Street.
In June, a cease and desist order was issued for the business. In August, Decker filed the application to seek a change in the zoning classification.
“An auto-repair business is not a permitted or special exception use in the R2 (medium-density, single-family residential) district. To operate an auto-repair business on the property, approval of a variance of use or a rezoning to the I1 (light industrial/high-tech district) or C2 zoning district is needed,” staff from the city’s Building, Planning and Development Department wrote in a report to the Plan Commission.
“Staff does not recommend rezoning of the property. Staff believes the property is not conducive to light industrial zoning. The property is surrounded on three sides by single-family residential homes, with a neighborhood park adjacent on the fourth side to the north,” the report continued. “Introducing an industrial use or commercial use such as an automotive related use, would place an incompatible land use in a single-family residential area.”
The staff report noted if the property were rezoned, that permitted uses in an I1 district would remain if Mr. Decker should close or move his business. Those include commercial uses such as a dance or night club, farm implement sales, fireworks sales, fitness center or health club, gun sales, kennel, technology park. Permitted industrial uses include an assembly facility, distribution facility, light manufacturing, public utility, sign painting or fabrication, testing lab, tool and die shop, warehouse, water treatment plant and a welding shop.
It was noted that the Ball Brass and Aluminum industrial facility, zoned I2 for heavy industrial, is located 475 feet north of Decker’s property. DeKalb Metal Finishing, also zoned I2, is 890 feet north of Decker’s property and also north of Memorial Park.
Public testimony
Attorney Thompson Smith, representing Decker, said the Plan Commission and Board of Zoning Appeals are separate boards and said there are many examples where one board ruled one way and the other board ruled another.
“He’s here just asking for approval and trying to comply with all terms and conditions within the city code,” Smith said.
“I don’t consider it spot zoning at all,” he continued. “I think it’s contiguous enough to the Ball Brass property, which I know it doesn’t touch; it’s just down the street, but I think that’s enough of a character of that neighborhood to consider this potential.
“When you look at what’s allowed in C2, you have sexually-oriented business, and next to a park, next to a neighborhood, that’s a bad idea. That’s why we went with I1.
“It’s a much less problematic designation than trying to request C2. … I think this is urban edge, especially with Ball Brass and the other industrial uses that are right there close.
“When Mr. Decker bought this property, it had gone through foreclosure. The assessed value on 2021 went to $131,000; 2022 to $212,000; 2023, $248,000 to finally our current assessment of $269,000 this year,” Smith said. “This property has gone up in value, which is also going to help all properties around it and protect and preserve the property values.
“I can’t think of any better buffer than a residential home tied to a business to buffer things like Ball Brass, DeKalb Metal Finishing, to be a transition between heavy commercial, industrial uses to residential character.”
“It’s too bad that Caleb has so many people looking over his shoulder at his place of business and his residence that when a car sits out for two days, there’s this stink over it,” said Decker supporter Nathan McEntarfer.
“There’s almost 1,700 people that have signed a petition that we are backing him. That’s about 15% of Auburn’s population. As you’ve heard from people here, they’ve had nothing but good things to say.
“What does Auburn have to lose by granting the rezoning?” McEntarfer asked. “I believe the city has a lot more to gain than they do lose.
“This is, in my opinion, exactly the type of business that Auburn should welcome.”
“If we as citizens have a voice, now is the time to listen,” said Justin Heileman, who voiced his support for Decker.
“People move to Auburn because it’s smaller and friendly. We have something good here,” said Katlyn Rutkowski. “What good are we doing by shutting him down and forcing him to go into debt trying to relocate elsewhere?”
They were a few of the many people who voiced support for Decker.
On the opposite side, Chuck Vanderpool pointed out that Decker was previously told that he could not operate a business on his property, and when approved for a variance to construct his garage building, he was told that it would not be used for a business.
“He clearly hasn’t followed the rules and took it upon himself to do whatever he wants,” Vanderpool said. “If he is allowed to get away with bending the rules, how many more other variances will be approved?”
