Auto repair business ruled in compliance

It didn't look like things were going to go Jonathan Jewell's way at a meeting of the Seymour Board of Zoning Appeals earlier this week.

Jewell was under suspicion of violating a land use variance the BZA had approved in 2006 allowing him to operate an auto repair business from 203 East Laurel St. The board had asked Jewell to attend Tuesday's meeting to discuss the variance.

At the meeting, Jewell asked for a continuance until next month because his attorney could not be present. The board denied the request 4-1. Board member Rob

Kaufman voted in favor of the continuance.

"I think Mr. Jewell has a right to be represented," Kaufman said.

In the end, it didn't matter.

After hearing from city ordinance administrator Brent Goben, as well as neighbors and others, the board voted 3-2 that Jewell was not in violation of his variance. Members Kenny Pfaffenberger and Marshall Howard cast dissenting votes.

"A business in a residential area is a bad idea," Pfaffenberger said. "With what's been brought before us, what I've seen and heard, it's my opinion this property is not in compliance."

Gary Sewell, who also owns and operates an auto repair business on East Oak Street, is one of the people complaining that Jewell is not following the rules.

Sewell claims that Jewell has more vehicles on the property than he should and does some of the work as well as sells items from his personal residence at 123 E. Laurel St., where he does not have a land use variance.

Goben said that after observing Jewell's business he didn't find any violations and did not observe Jewell working on cars at his residence.

"He is conforming at his place he has a variance for," Goben said.

As for his personal residence, Goben said he had never observed Jewell working on cars there, but did have a problem with the number of vehicles on the property.

Goben said he told Jewell he could store his personal cars, not customer-owned vehicles at 123 E. Laurel St, but that was before he knew how many cars Jewell owned.

"I didn't know he owned 16 vehicles," Goben said. "So that is partly my fault. I told him he would have to move some of the vehicles because he would be violating city zoning. Legally they would fall under the abandoned vehicles ordinance."

Jewell said he would remove the vehicles from his personal property.

As for the sale of retail items, Goben said he did observe items for sale at the business, including lawnmowers and scooters, but not at Jewell's personal residence.

"I don't know if the variance allows for retail sales or not," Goben said.

Several people spoke on Jewell's behalf, saying he has improved the neighborhood.

Gary Sewell Jr., who works for his father at Sewell Auto Care, said their complaints are mainly that Jewell hasn't had to follow the same rules his family had to in order to get his business up and running.

"Competition is not the question," he said. "You need to play by the same rules we had."

Jeremy Gray, building commissioner, said requirements have changed over the years and Jewell's variance was granted under different circumstances than Sewell's 30 years ago.

Kaufman said the question was not about Jewell's personal residence and that based on the information and evidence presented, he didn't think Jewell's business was in violation.

"To my knowledge it's not illegal to sell lawn mowers," Kaufman said. "What has he done that is noncompliant?"

Board President Steven Robison agreed.

"I have not heard anything that convinces me there is a violation," Robison said. "However, I would say your residence better be denuded of cars quickly."