Title
Administrative Appeal - 3217 New Macland Road, Land Lot 725 Flea Market/ Used Merchandise Store
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Prepared By: Community Development Department
Recommendation: Denial of the appeal
Background:
The subject property is located at 3217 New Macland Road. The property is owned by WCP Management LLC. The owner has granted permission to Mr. Frederick Bryant to present this appeal. Mr. Bryant has presented staff with a request to operate a used merchandise store at the subject property. He stated he would be the only seller on the property. The store is called the Yard Sale Store. Staff reviewed this request and classified his use as a flea market. Flea Markets are not permitted in the CRC zoning district, and Mr. Bryant is appealing staff's determination.
Analysis:
Mr. Bryant would like to open a used merchandise store called the "Yard Sale Store" in a CRC zoned property. After review of the code, staff determined that the use meets the definition for a "flea market" and therefore is not permitted.
The applicant will be selling used merchandise. The used merchandise store would be located in the same shopping center as the Antique Mall that was previously approved with a special use. The previous UDC specified that used merchandise stores required special use approval. The revised UDC adopted in December of 2015 did not include this language.
The current UDC does not define used merchandise, thrift or consignment. In the table of permitted uses, Retail trade establishments, enclosed is permitted in the CRC district. It is staff's opinion that the use is not defined as a Retail trade establishment, enclosed, because it better meets the definition of a flea market. Also, the definition excludes pawn shops, which are know for the sale of used merchandise. Flea Markets are not permitted in the CRC zoning district, as such, the applicant was advised that the use is not permitted.
The definition for a Flea Market is as follows :
Flea market: The ...
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