Commission cracks down on Motor Sports business
By Jason Arndt
Staff Writer
After 10 years of haggling and compromise, the Burlington Plan Commission on Tuesday revoked a conditional use permit issued to Jeffrey Way of Motor Sports Auto Sales, which has faced noncompliance concerns since 2007.
As part of the revocation, Way has six months to liquidate his business – in the former Tractor Supply store building at 1157 Milwaukee Avenue – or face litigation in municipal or county court.
City Attorney John Bjelejac reiterated the litigation plan after the meeting.
“I will enforce that deadline, with either municipal or county court,” he said.
The decision comes after Way, who continued to postpone the hearing because of time constraints, did not necessarily oppose the revocation because he plans to sell the property.
Way, who was in attendance, alleges the Plan Commission has singled him out and submitted photos of other related businesses as proof.
“I don’t have a problem with rescinding, I just don’t like getting singled out,” he said.
Since 2008, the city has sent six letters to Way or his attorney requesting compliance with the conditional use permit. Some people have complained the highly visible site across from the Fox River Plaza has been an eyesore.
Additionally, the city has received numerous phone calls in the last year and a half about upgrading the facade, moving vehicle services inside the building and general compliance.
The concern, Way said, relates to the declining value of his property value.
Aldermanic representative Tom Vos assured Way his property will not experience decline in value.
Another concern relates to removing his inventory, about 150 vehicles, from the lot. He told members of the plan commission it is not possible to liquidate the cars within three months as suggested by Vos.
As Way continued to debate several aspects of the conditional use permit, which he claimed “was a joke” when it was issued, City Administrator Carina Walters told plan commissioners the key concern relates the continuous noncompliance.
“Bottom line…Clearly in the last 10 years, there has not been compliance,” Walters said.
Last November, Mayor Jeannie Hefty and Zoning Administrator Gregory Guidry met with Way to create an action plan to satisfy outstanding violations.
As part of the plan, Way agreed to fix the violations before a scheduled Dec. 13 Plan Commission meeting.
Way, however, requested a six-month extension because he needed more time to satisfy the needs and, in turn, the item was tabled.
Concerns were in regards to parking, lighting, outdoor storage, lack of a garbage container and barbed wire fencing parallel to Milwaukee Avenue.