Gas station owner wants flexibility in OYD rules

City: Trailer with ad must go

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He fought city hall and didn't win, but Don Bentz may have advanced the interests of business owners in the Old Yellowstone District.

The owner of Bentz's Self-Serve Auto Center lost his effort on Wednesday to keep a semi-trailer with an advertisement at the southeast corner of Poplar Street and Collins Drive.

"We've attempted in every way to be good neighbors," Bentz told the city's appeals board composed of council members Guy Padgett, Stefanie Boster and Kate Sarosy.

The council members applauded his efforts to spruce up a trashed-out and weed-infested lot, but had to agree with the city attorney that the trailer violated hard-and-fast rules about advertising in the Old Yellowstone District.

"I appreciate Mr. Bentz's and others cleaning up the area, and I'm concerned there is no flexibility in the (city) code," Boster said.

His service station has been a friendly fixture at 701 W. Collins Dr. for years, and he improved the business last year with a self-serve car wash at 832 S. Walnut St.

To better draw attention to the car wash, Bentz leased the property at Collins and Poplar, removed the dead trees, mowed the grass, and picked up the trash - all to the delight of neighbors and passers-by.

On May 7, he moved the trailer to the lot.

Within two hours, city code officers told him the trailer violated an Old Yellowstone District regulation prohibiting businesses advertising off-site.

Bentz decided to appeal, and wanted to apply for a conditional use permit to keep the trailer on the site.

Friends, neighbors and business operators spoke on his behalf at Wednesday's meeting.

"It's kind of ironic that he's being ordered to remove a trailer from an area he cleaned up," Chris Smith said.

The show of support impressed city attorney Wallace Trembath III, but that didn't change the language of the Old Yellowstone District ordinances or what the appeals board needed to do, he said.

"He wants you to treat him differently than everyone else," Trembath said.

Community Development Director April Getchius said the rules for the district were firm and did not allow for conditional use permits.

Bentz and Padgett asked Getchius if the city could make decisions in the district on a case-by-case basis.

She responded the city council would need to revisit the regulations.

After Padgett, Boster and Sarosy agreed the trailer violated the ordinance, Bentz said he didn't know when he would remove the trailer.

While complimenting the professionalism of city officials, he said they should listen more to the business owners who have continued to work in the Old Yellowstone District.

Bentz hoped his experience will change some minds, he said. "I think I lost the battle, but I don't think I've lost the war."

Reach Tom Morton at (307) 266-0592, or at tom.morton@trib.com. Read his blog at tribtown.trib.com/TomMorton/blog.

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