Zoning board denies request for business on Clay Street
Published 10:15 am Wednesday, April 4, 2012
The operator of a business planned for 1720 Clay St. said he will appeal a decision by the Board of Zoning Review Tuesday night that denied his application for a parking variance for the business.
Roosevelt Cooper, 1114 Fayette St., who applied for the variance, has 10 days to appeal the decision to the Board of Mayor and Aldermen.
“I’m trying to do something good in the community,” he said. “More people should step up and do something positive for the community.”
He wants to open a center for visual and performing arts, dance hall, community learning center, specialty school, indoor recreation, eatery and participant sports at the building at Clay and Fifth North streets, which is in a C-4 commercial zone.
To operate the business, however, he needed a variance to the city’s off-street parking regulations to reduce the required 54 parking spaces to zero. The board voted 4-0 to deny the request because Cooper failed to show how he would meet the off-street parking requirements.
Cooper is leasing the rear portion of the building that houses the Tranquility Day Spa and Hair Salon, which faces Clay Street. The 2,700-square-foot portion of the building he is renting faces Fifth North.
He said the building has 29 parking spaces, and he had letters from neighboring business owners giving him permission to park at their businesses, but no letters were presented to the board.
One property owner, Lora Lee, who owns property at 1713 Clay St., which is across the street from the spa, told the board she did not give Cooper permission to park cars on her property.
Cooper said he was not going to operate a nightclub, adding the building would be home to several activities, including educational programs provided by a 501(c)3 organization. He said the building would be open 24 hours for a restaurant.
Carolyn Cooper, Cooper’s aunt, said one of the programs using the building would be Loving Care Camp, a 501(c)3 program she operates that works with handicapped and special education students after school and during the summer.
“There will be no parking problems with us,” she said. “The parents will drop off and pick up their students. Our staff has 10 people, and they will be there only in the daytime. We have been looking for a place for three years and received help from no one.”
Several people objected to the business.
Nelda Sampey, a vice president at RiverHills Bank, said the bank had a two-story property for sale at 1801 Clay St., adding the top floor is an apartment.
“We’re selling this as a residence and office space,” she said. “Other companies are selling similar properties on Clay Street. They’re trying to sell the top floors as residences and the bottom as commercial.”
She said the parking problems and having the business open 24 hours would make it difficult for people to live in the area.
Andrea Upchurch, of Jones & Upchurch Real Estate, 1813 Clay St., said she was working late one night and was disturbed by loud music coming from the building. She asked Cooper if he operated a club that had been closed by the city.
Cooper operated Swag Stars, a teen club at 1925 Washington St., that was closed by the city in August after a 15-year-old boy was shot in the leg during an argument at the club. Albert Buchanan, 16, 365 Drayton Road, was charged with aggravated assault in the case.
Police Chief Walter Armstrong said during a hearing on the club that police had to deal with calls of fights between teens, shots fired in the vicinity of the club and adults being at the club.