THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, October 18, 1996 TAG: 9610180513
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MEREDITH COHN, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: 102 lines
Rules are rules, small business owners George and Una McConnaughy agree. But this time they think they have a case for breaking them.
The couple has owned a gas station and convenience store on Bainbridge Boulevard in South Norfolk since 1982.
Like many buildings in the city's oldest neighborhood, the station needed improvements, especially after a fire temporarily shut it down. About seven months after they rebuilt, expanded and spruced up their property - all according to city specifications, they thought - they learned that their investment had run afoul of zoning law.
The offending structure was their new gas pump canopy, which the McConnaughys built to provide cover from the weather for customers and offer light at night for residents. It was not the required 15 feet back from their property line, zoning inspectors said.
The couple's choices were few:
Tear down the canopy, chop about five feet off it or face a court hearing.
The McConnaughys say they will go to court.
``This is supposed to be an enterprise zone, which means the city wants to revitalize the neighborhood,'' said George McConnaughy.
``Why then are they giving us such a hard time about our improvements? We didn't ask them for a thing. We invested $100,000 of our own money to try and better the community. Nothing good can come of tearing it down now.''
The city's Inspections Department director, Carl Hall, said the city is not trying to stifle development or improvement of the neighborhood. The couple did not follow the rules, he said, and it's his department's job to see that they do.
``From the beginning, he did not want to go through the process,'' said Hall, adding that all the necessary information was made available to the McConnaughys.
``That's where the problems came in,'' he said. ``We have no choice but to pursue it in court.''
Hall said he would not comment further because of the possible legal action. No court date has been set.
The law requires the canopy to end at least 15 feet from the property line, but it measures only a little more than 9 feet from there. The McConnaughys said they believed the setback had to be 15 feet from the road, which is farther away than their property line because of a city sidewalk.
``We built the canopy 17 feet from the road so we would have two feet to spare,'' explained Una McConnaughy. ``No one in his right mind would put a $100,000 structure in the wrong place on purpose.''
The couple got the impression they were in compliance from the city, they said. It was inspected and it passed, they said. Further, they received a copy of a memo sent from Dale Ware, a zoning inspector, to Tim Howlett, a planner, before they built the canopy that said, ``The setback of the pump island canopy from Bainbridge Boulevard must be 15 feet.''
Una McConnaughy said the mistake is the city's, and she and her husband shouldn't be forced to pay to fix it. Further, if they remove the five or so feet from the canopy, one set of gas pumps would have no cover and two of the lights would have to go.
Hall said he did not know what memo the couple got, but that it was probably not an official notice.
Several of the station's long-time customers have offered to sign a petition asking that the city grant the McConnaughys a zoning exception because it's in an enterprise zone.
``This is a big improvement in what it used to look like,'' said Dawn Brown, a local resident and regular customer. ``Also, with the canopy I don't get wet, and it's all lit up at night. I really like that because it feels safe.''
V.F. Bailey, another longtime customer, added, ``We wanted them to do this years ago.''
Jane McClanahan, vice president of the Greater South Norfolk Business Consortium, said she believes the city is holding her community to the same standards as other areas that have only new development, such as in Western Branch and Great Bridge.
``We're in a unique situation,'' she said.
In South Norfolk the parcels of land are smaller, and many of the zoning laws have changed since the buildings were first constructed. McClanahan, who owns Cliff's Equipment Repair in South Norfolk, said other businesses, including her own, have run into similar problems with zoning.
In her case, the city took some of her side property for a ditch and the state took some of her front property, along with parking spaces, to widen the road. She cannot expand her shop because there would be no additional space for customers' cars, as required by law.
``I'm technically already breaking zoning law because I don't have enough parking spaces,'' she said. ``Somehow it's OK when the government needs to break the zoning law, but not when businesses need to.''
McClanahan also pointed out that along Bainbridge Boulevard several other businesses' accoutrements jut out farther than the McConnaughy canopy. The entire building next door to the station lies closer to the road than does the canopy, and so does a residential porch two doors down on the other side.
George McConnaughy said his taxes have doubled since the improvements were made, and his entranceway, which is city property, has remained in disrepair.
``This is what I get for my tax money,'' he said, ``a crumbling driveway and grief over my canopy.''
The McConnaughys said they turned down an offer two weeks ago to sell the property.
Una McConnaughy said, ``I love South Norfolk, but I don't love the way the city has treated us.'' ILLUSTRATION: Color photo
MORT FRYMAN/The Virginian-Pilot
George and Una McConnaughy defend the new canopy at their South
Norfolk gas station, but the city says it's too close to their
property line. by CNB