The owner of an Austin car lot is carefully watching how the city handles a request for another used-car business.

Sunday, June 03, 2001

The owner of an Austin car lot is carefully watching how the city handles a request for another used-car business.

Bob Helmers, the owner of Kar Korner at Eighth Avenue NW and 14th Street NW is studying how the city handles a request by the owners of Pine Manor apartments along 25th Street SW and Oakland Avenue West.

The owners of the apartments want to rezone a portion of their property from multifamily to commercial in order to allow a used car business to be opened there.

Two weeks ago, the Austin City Council agreed to table the request, which already had the approval of the Austin Planning Commission. According to Craig Hoium, community development director, the council members will next consider the rezoning request at their June 18 meeting.

Hoium asked for the request to be tabled because it did not conform to the city’s future land use map for the area and, therefore, the map needed to be amended.

By its own doing, the city officials set aside the specific area for residential development. Then, along came Ronald and Lori Wieseler, owners of the apartment complex, formerly known as Austin Pines. They decided a tract of land along Oakland Avenue West was ideal for a used car business.

They retained architect Paul R. Johnson to assist them through the permit paper-chase, won the Planning Commission’s endorsement and then were sidetracked when the council agreed to delay granting the rezoning request, pending the future land use map’s amendment to reflect the change.

Helmers watched the Planning Commission and the City Council handle the rezoning request without comment.

Now, he has plenty to say.

"My property was commercial for over 50 years," Helmers said. "Their property isn’t. It’s R-2 multifamily. Pine Manor never was commercial. My property has been commercial from day one of its existence.

"They are violating their own laws. It’s not in the city’s future land use plan for commercial development. They said it’s a different situation from Kar Korner. Well, this ain’t different. I’ll tell you that."

When Helmers wanted to expand his business into R-1 or single-family zoned property immediately adjacent to his own, the city refused.

Helmers ignored the city’s warning and went ahead on his own – going so far as to blacktop the property he acquired for his business.

The city took Helmers to court and he was found guilty (actually his wife, Sheila, was tried in Mower County Third Judicial District Court). Helmers was ordered to tear up the new blacktop he had installed.

Since then, he has simmered at what he claims is an injustice.

"I want my rights back," Helmers said. "They are 1,000 percent discriminating against me."

Helmers points to the A&W Root Beer Stand property along Fourth Street NW, which was allowed to expand into a residential zoned area to build additional parking as one example.

He also points out Southwest Sales Inc. at the intersection of 14th Street SW and 16th Avenue SW as another.

Helmers also mentioned other rezoning quirks, including Reed’s Fourth Avenue Food and Fuel, which went from R-2 multifamily to B-1 commercial as another as well as a request from Gary and the late Linda Granle, which actually resulted in the city bowing to the Granle’s protests and agreement with the property owners.

"My constitutional rights are being violated," Helmers said. "There are plenty of examples where they have made exceptions to the rules for others."

Helmers’ complaints have been heard before, but the city officials cling to the opinion that they are right and Helmers is wrong.

So, what does Helmers plan to do before the June 18 council meeting?

"I’m going to talk to every council member about this. I really believe I’m right," he said.

Call Lee Bonorden at 434-2232 or e-mail him at lee.bonorden@austindailyherald.com.