In the complex world of zoning ordinances, past use is no guarantee of future use, especially in Savannah’s fluid mixed-use neighborhoods.
An example of this came before the Zoning Board of Appeals on Wednesday when its members roundly rejected a proposed convenience store and gas station at the intersection of 37th and Bull streets in the Thomas Square neighborhood.
The 1,300-square-foot building at 2014 Desoto Street sits on a 12,500-square-foot commercial property zoned TC-1, or Traditional Commercial, Mid-City.
Although once a service station, the small building has sat vacant for more than two decades. And because the use of a gas station is not grandfathered into the site, the future owners needed zoning board approval.
The land is owned by Robert and Arlene Williams, who bought it in 2010 for $175,000, according to property records. Parker Morgan, a local attorney representing the Williams, said the sale of the property was contingent on its use as a convenience store.
Sam Patel, introduced as the interested buyer, attended the meeting but did not speak.
“This is just a first step. We’d still have to go to City Council for an alcohol license,” said Morgan. “Additionally, the design standards would have to comply with what is set out in the TC-1.”
Staff had recommended approval of the use with the condition that the petitioner meet the strict design standards of the TC-1 district. However, board members expressed discomfort with its proximity to residences as well as the Bull Street Public Library and Christian Revival Center church across the street.
“I do believe it would adversely affect the health and safety of the residents because of the traffic and the use itself,” said board member Eli Karatassos. “Whatever we approve sticks to the land, and the next person will have that use to start with.”
Board member Sidney Johnson said he knew the neighborhood well, noting that the last time it was a gas station was the 1980s.
“You know what you should do? Put a first aid, put a pharmacy, put something useful for that neighborhood,” said Johnson. “You put alcohol there, you’re asking for trouble.”
Three people spoke in opposition to the plan, including Virginia Mobley, the president of the Thomas Square Neighborhood Association.
Mobley said she wasn’t convinced the Department of Transportation or site plan committee would even allow the new owners to operate as a gas station given the tightness of space.
“Before any use is granted, we ask that you at least look at the site to determine what is actually feasible,” said Mobley. “To have traffic coming in and out, the lights, the noise, the litter — everything that goes with a convenience store in a congested area — does impact the quality of life for the whole community.”
Mobley said the consensus at the neighborhood’s meeting with Patel, prior to the zoning hearing, was for a small corner store that does not sell gas or alcohol.
David Guggenheim, who owns two properties adjacent to Desoto, also spoke against the plan, saying there already is a BP gas station one block to the west at 37th and Whitaker streets.
“We’ve all invested in this neighborhood knowing we were adjacent to one gas station, not two,” said Guggenheim. “Somebody brought up the alcohol sales, that is an issue we deal with over there on Whitaker and 37th.”
After public comment, Morgan said Patel would be willing to drop the request for a gas station if he could proceed with a convenience store classification.
Karatassos said given the fluctuating business plan, he was opposed to such a zoning change so early in the process.