Norris U-Haul dealer appeals city’s decision to deny occupancy permit
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This is the site of a new U-Haul neighborhood dealer on Andersonville Highway in Norris. The city says the business opened without first obtaining required building permits and a certificate of occupancy. - G. Chambers Williams III
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Tiffany Martin, manager of the U-Haul rental agency on Andersonville Highway in Norris, stands in front of the portable office building that Norris city officials say was placed on the property without proper permits. - G. Chambers Williams III
The lack of an “engineered site plan” has led to a standoff between a new Norris U-Haul dealer and the city of Norris, and the city says the business is operating illegally because it failed to obtain the required certificate of occupancy before commencing business.
Owners of D&S Auto Repair and Recovery, 3356 Andersonville Highway, have appealed to the Norris Board of Zoning Appeals seeking to overturn a decision by the Norris Planning Commission on May 6 to require the site plan as a condition of obtaining a building permit and ultimately a certificate of occupancy.
Assistant City Manager Bailey Whited said the appeal is set to be heard by the BZA at 5 p.m. June 3 at the Norris Community Building, but that in the meantime, D&S Auto does not have legal authority to operate.
Tiffany Martin, manager of the business, said the city told the company that it had violated city building codes by moving a portable building onto the property and building a metal carport without first getting Planning Commission approval and a building permit.
“But we just replaced a portable building that was on the site before we leased it, and did not know that we needed a building permit to do that,” she said.
“I think they’re afraid we’re going to turn [the site] into what it was in the past – a junkyard,” she said. “But we’re just going to operate the U-Haul store here, along with our other business, installing and servicing Intoxalock ignition interlock systems on cars for people who have been convicted of DUI.
“When we came here, we didn’t even know we were in Norris,” Martin said. “We’re hoping to work something out with the city, but if we can’t, there is another location available down the road toward Andersonville that is not in Norris.”
Whited said that “replacement of a structure does require a building permit, even if it’s a portable building. Any structure is required to get a building permit.”
Under the current ruling by the Planning Commission – which was not unanimous – “They could either modify their site plan by producing an engineered site plan -- or not move forward, and remove the structures,” Whited said.
The Planning Commission voted 4-2 to require the more-extensive engineered site plan rather than accept a simple plan that the business originally submitted in seeking a building permit, Whited said.
“The appeal is for administrative review,” he said. “The business contends that the zoning ordinance was not interpreted correctly and they do not believe they must submit an engineered site plan.
“The BZA acts in a judicial capacity, and has final say in these matters,” Whited said.
Martin noted that the city and county have both issued business licenses to D&S, but the city’s license, issued May 8, states: “This license does not permit operation unless properly zoned and/or in compliance with all other applicable state, county or city laws, rules or regulations.”
Last Friday, there were several U-Haul trucks and trailers parked on the lot of the business, and a customer was there renting a car-hauling trailer.
Martin said the business does not do any auto repair or recovery from the site, and that U-Haul rentals are booked online only.
“We don’t take walk-in customers,” she said.
She said the owner of the business is Shadow Schneider, who operates another location of D&S in Knoxville.