Jeremy Hamilton was denied his request by McMinnville’s Board of Zoning Appeals on Tuesday to continue operating an auto detail shop from his home in an R-1 district.
The board ruled that businesses are not permitted to operate in that type of residential neighborhood based on city code.
On Friday, Hamilton says he still believes he should be granted an exception and be allowed to operate Reflective Car Care from his home.
“In Section 14-401.4C of the Zoning Guidelines of R-1, it states that Commercial and Industrial uses are prohibited,” said Hamilton. “As Reflective Car Care does not operate at a commercial or industrial level, as proven by the low traffic and lack of disruption, we feel an exception could and should be granted.”
He continued, “RCC typically works on one vehicle at a time, and on average does four vehicles per week (one per day spread over seven days). This is not a substantial level of traffic. As we own four vehicles personally, this would equate to us washing each of our vehicles on a weekly basis. Additionally, we do not block any roads and use our private driveway and parking area, which does not interfere with the surrounding neighbors or streets.”
Hamilton says Reflective Car Care does not fit the description of a typical commercial business as defined by city code, Section 14-507.1.
“As there is no substantial traffic that interferes at all with traffic circulation, RCC does not fit the city’s own description of a commercial business,” said Hamilton. “As no heavy machinery, only small, light equipment is used in the process, there is no, to minimal, impact on the surrounding area, outside of our private garage and residence.”
Hamilton went on to make the following statement, “It was stated that the location must function and look like a private home, which it 100% does. The home is a well-maintained private residence. It also was stated that vehicles cannot be washed outside. This is an arbitrary statement as it is widely accepted that homeowners have the right to wash vehicles outside of their residence. Furthermore, we have not received any complaints directly up until the city informed us of the anonymous complaint.” Hamilton says he has a new garage that is currently being constructed as a residential garage that meets all R-1 codes. It will not operate at a commercial level, he says.
“The intention is not to increase capacity for RCC, rather improve the existing conditions and increase space for our personal vehicles,” said Hamilton. “RCC is a great passion of mine that has been widely encouraged and supported by the local community. Again, I respectfully request an exception to allow me to continue pursuing this dream.”
In issuing their ruling, Board of Zoning Appeals members said it would be illegal to make an exception and allow a business to operate in an R-1 district.
On Friday, Hamilton said it’s too early to determine if he will operate RCC at another location in town.