3740 Lafayette Rd Zoning Hearing Continued


(posted Nov 3)


The petition to change the zoning of Fashion Square LP, located at 3740 Lafayette Road, is expected to be continued to December 13 from November 15. Attorney Robert Frye, representing the owner of the strip mall, told Eagledale Neighborhood Association members that the parking lot layout is going to change again for the fourth time, thus changing the variance petition request that is to be heard by the Metropolitan Development Board of Zoning Appeals. The parking spaces will be eliminated along Lafayette Road but store signs will remain. He noted lost parking spaces will be replaced with landscaping to provide a buffer that could also serve as a sidewalk.

Prior to Frye's presentation to the members, the group debated the necessity to request a continuance to insure the strip mall would receive facade improvements and dumpster enclosures. ENA member Scott Rosenberger said the zoning process allows neighborhood associations to use the process to improve the neighborhood. "It holds the landlord's feet to the fire to clean up the property," he said.

ENA member Laura Martin noted the 38th Street corridor improvement from I-65 to I-465 would be a wasted effort if the shopping center is not improved.

Frye admitted the buildings were in need of some "TLC" and the owner planned to make improvements. He said the roof replacement is pending and the blue tarp on the roof will remain to cover the hail damage until insurance settlements are reached. The other hole in the roof is due to a break-in. He said improvements have been made including installing a new rear fence to buffer the residential neighbors. He also noted the sign along Lafayette Road is being cleaned up. ENA members pointed out that sign is leaning.

Rosenberger was concerned about the open dumpsters. Frye noted that three will have to remain at the rear to serve the tenants on the eastern side. He noted they cannot be enclosed because the rear alley is too small for a waste disposal truck to have access.

Frye explained the two separate strip malls were built in 1968 with the northern building ,where Jean's Kitchen is located, being zoned C-4 and the other building D-5. At that time, a variance was given to the building with the D-5 zoning. He noted the zoning problems occurred when it was discovered that the Fat Cat Bar is located too close to a residential neighborhood because it is classified as a bar with the primary sale being alcohol. The variance is good only for a restaurant, not a bar.

Frye said the owner is interested in making commitments with the neighborhood associations that would be attached to the property. This means the commitments would transfer with the property if it is sold.

ENA members requested no tattoo parlors, adult entertainment, nor additional bars.

Frey agreed to come to the ENA's December 5 meeting to discuss the petition again with its latest changes before the next hearing date.

ENA members also voted not to expand its boundaries to I-465 that would have included Northwest High School, ENA Northwest Community Center and St. Gabriel Catholic Church. ENA member Jo Coleman recommended the ENA help surrounding neighborhoods just outside its boundaries to organize their own associations. She said the ENA does not fund the community center and it should not be taken into its boundaries.

Board member Marvin Martin said the community center, high school and church are community assets that need to be included in ENA. Martin pushed for expansion.

Board member Margaret Arthur contended the recent support from St. Gabriel is due to Department of Justice's Weed and Seed Program, not for ENA. The weed and seed boundaries include the church, high school and community center.

"It's not a real popular idea," ENA President Harry Simpson said.



click on photo to expand
This rusting sign has been the focus of complaints from local business owners trying to improve the sight appeal of the area.

Photo by Jay Thompson

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