McMinnville’s Board of Zoning Appeals has rejected a flea market on Nashville Highway. That part of the business must cease to exist.
The flea market, located at 2681 Nashville Highway, is located in a C-2 zone, which does not allow a flea market.
Angela L. McCormack asked board members David Marttala, Jerry Williamson and Tom Ward to allow her to continue her operation.
While flea markets are not allowed in C-2 zones, even under special exceptions, they are allowed in C-3 zones as a special exception.
“Is this something we can even do?” asked Williamson, who questioned Planning and Zoning director Nolan Ming.
Ming stated, “I don’t think so. It’s not an allowed use through a special exception or any means of approval.”
“So, she would have to go to C-3 first and then ask for a special exception,” said Williamson. “I’m just trying to find a way that we could possibly do this.”
Ming cautioned that a zoning change might not be allowed.
“That whole area is C-2. I don’t think it would be rezoned to C-3 because that would be spot zoning,” said Ming.
Williamson expressed remorse for the situation.
“I think our hands are tied as far as what we can do,” he said. “We certainly want to encourage people. I understand you are an ambitious lady and we don’t want to discourage you, but I’m afraid we can’t grant this.”
Marttala agreed.
“Since this area is in the middle of a C-2 zone, I don’t believe the Planning Commission would recommend a change in the zone because it would be considered spot zoning. We would be changing only one property within the zone. I just don’t see a solution to that.”
The only option, said Ming, is for McCormack to change her business so it is not considered a flea market.
“She could sell different things there and that would be an allowed use,” said Ming. “There is a long list as far as what you are allowed to do on that property. Unfortunately, that list does not include a flea market. I don’t see any possible way under the current setup for it to be an allowable use.”
Committee members unanimously rejected the request and McCormack was instructed to immediately stop offering a flea market and allowing vendors to setup there.
“It’s not really profitable anyway,” said McCormack. “There are very few vendors of that type anymore. Facebook and online has taken over. I guess I just don’t know when to give up.”