Decatur, Ala. | Monday, May 20, 2013
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City blocks antique store's move
By Tiffeny Owens
The Decatur Daily

Jeronimo Nisa/The Decatur Daily
1105 Sycamore St. N.W.

A divided Decatur City Council sided with concerned neighbors Monday and denied a couple's request to rezone a historic home from residential to commercial.


The decision blocks Berval and Sandy Bennett's attempt to move their antique store on Market Street Northwest to the 113-year-old house at Wilson and Sycamore streets Northwest. The council voted 4-1 to deny the rezoning request, with District 4 Councilman Charles Kirby casting the only vote to approve it.

Councilmen Roger Anders, Gary Hammon and Chuck Ard asked that the council revisit the Bennetts' request in six months. Meanwhile, officials want the Planning Department to develop a short-term plan for the strip of properties along busy Wilson Street/Alabama 20 to determine whether to keep it residential, allocate funds for a city-owned green space or rezone a chunk of it as redevelopment or commercial districts. District 1 Councilman Billy Jackson said the area should remain residential, which has been the city's long-standing policy.

The council reached its decision after more than a half hour of at-times fiery public comments from residents who vehemently opposed commercial zoning.

Dozens of Northwest Decatur residents packed council chambers for the public hearing.

"What happens if they sell it, and then the next business that comes in is a liquor store, a strip joint or some big business?" asked Yvonne Elliott of Sykes Street Northwest. "The problem is we don't have any control over what goes there if you change the zoning to business."

Elliott's concern was shared by many property owners who fear the commercial zoning will spawn businesses that will intrude on their quiet residential neighborhood beside the bustling highway.

"The residents there have invested their lives there and continue to," Jackson said. "They're trying to protect and grow their neighborhood."

The Bennetts say they've spent $40,000 to restore the home at 1105 Sycamore St. N.W. They came to the council to appeal the Decatur Planning Commission's rejection last month. The commission and Planning Department sided with the neighbors, citing the long-range plan which calls for property south of the highway to remain residential to preserve a buffer zone for Northwest and Northeast neighborhoods. Three previous attempts to rezone the property for business have failed.

"It's a setback, not a defeat," Berval Bennett said of the decision.
Added his wife Sandy Bennett: "At least we've got the city's attention now, and they're going to look at it."

The Bennetts collected signatures from about 40 residents who approved the zoning change. Those opposing it, however, claimed many of the signatures were from renters, not property owners.

Berval Bennett pointed out that residents didn't complain when Sharpley Funeral Home operated there from 1979 to 1983. He also cited lumber company Gobble Fite's location on Wilson Street just blocks from the home.

"I've spent a lot of time and money to bring this property up and make it a nice place," Berval Bennett said. "It could be an asset to the neighborhood, not a detriment. I don't think I should be punished for trying to open a business."

Mayor Don Kyle recently proposed rezoning a strip of Wilson Street along with portions of West Moulton Street to redevelopment districts to encourage business growth along those corridors.

Similar zoning has been applied to Sixth Avenue Southeast, which brought a Walgreen's pharmacy and a new Wal-Mart Neighborhood Market slated to open this spring. However, that zoning was welcomed by nearby residents, not opposed, Jackson said.

Tiffeny Owens can be reached at 256-340-2440 or towens@decaturdaily.com.

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14 comments on this item

Mr. Bennett is putting the cart before the horse. Spending money to rennovate before a city approval is not smart money management. There is no need for the city to re-visit this in 6 months.

the residents have done so much with that area , lets see they had a shot house there close by for 50 years or more and a club a couple of blocks up from it and the rest of the houses are crumbling and falling down because no one wants to live there because of the rampant crime yes such a waste to have a clean nice antique store locate there and not waste the property like that have done as long as I can remember. if they want to preserve the history of the area Berval can do that and has been doing that for many many years. This is the most ridiculous Billy Jackson hoo hah I have heard yet , ride thru the area and look at the run down crumbling , rotting houses and see if one fixed up nicely is going to hurt the area I think not, god forbid they were to have a legal liquor store instead of a shot house

I know, Tbone, let's put a business right in the middle of old Decatur Historic District. Right in the middle of all those old residences. How would you like that? Charles Kirby once again proves he is the dumbest councilman. Gary Hammon is right that spot zoning is a terrible idea. He should oppose Don's plan.

many neighborhoods have business locations within them. nothing residential about the traffic that rolls by on 20.

A neighborhood should be able to choose. Bennett knew what the neighborhood was zoned for when he moved in.

I'd like to have a beer store in my neighborhood.

Good call by the city, the historical districts shoul be residential only. It's called HISTORY yall, not retail district.

A lot of people don't like old homes and that's okay, leave these historical homes for those that do and preserve the past. Wall to wall subdivisions and shopping is not Decatur's answer to what ails it.

This is why our City can't grow. Give these people a variance for an antique store, when they close the next business will have to prove they are worthy of the same. I never thought I would say that Charles Kirby and tbone are right!! What has happen to common sense??

thats why there are businesses all up and down hwy 20 because its a residential district , did you not know that , the only ting historic I remember in that area through there over the last 50 plus years was a funeral home its gone and several places of prostitution and shot houses and gambling houses , the rest have crumbled and fell or been torn down, looks like they would appreciate a nice clean antique business to enhance the area , the rest is commercial businesses and a club that has a knifing or shooting every couple of months , thats real historical, that area was swept under the rug because of high crime and criminal activity just like the rest of the area like vine street anyhting that was historical was burned or rotted down or was destroyed by the inhabitants . A antique shop is a real distraction to the area , probably afraid they would have lots of po po,s bothering them when they broke in to it several times a week

this is kind of like the city wanting to put an amphitheater on hwy 20 by all the tractor trailer traffic , how are you going to hear anything ? the whole area was demolished and destroyed by the "urban renewal" of the 60's , they tore down many many historic houses and stuctures to build apartments and supposedly a shopping center for the apartments , the lot sat empty until the church gobbled it up and the people in those apartments have no way or little way to travel and shop , that was the whole point of them destroying that area for the elderly apartments and a nice place for them live and shop , they even proposed an elevated walkway over hwy 20 to help them cross the street and they are blowing a cork over an antique store ? sounds like someone does not like some one , it would do nothing but enhance the area not hurt it

By the way I own a house in the historic district and refuse to live there because of crap just like this , you have to ask what color you can paint and what color lights you can have and what brand of paint to use , to much meddling in everyone else's business , they think they are gods , not people controlling what other people do with their property, they are to the point of being ridiculous and down right stupid

tbone has a house in the Hysterical District?

His parents deeded to him!

It should really be re-zoned "Slum". Tbone is dead on. Billy has done so much for his district. Just drive down Moulton Street. Best thing that could happen is start at the cemetery on 20 with a bulldozer and go to the railroad tracks.

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