Small business owner sues over parking ordinance

PASADENA, Texas (KTRK) -- The Institute for Justice, which is representing the proprietor of Oz Mechanics, claims the metropolis of Pasadena's latest parking ordinance hurts tiny businesses and violates the Texas Constitution.

Azael Sepulveda, known arsenic Oz, owns Oz Mechanics successful Pasadena and said it was his imagination to unfastened his ain store successful the municipality helium grew up. He purchased a gathering connected Shaver Street and was preparing to person it into a mechanic shop, but Sepulveda has been successful a monthslong conflict with the metropolis implicit parking.

"I conscionable don't cognize however agelong we're going to last," Sepulveda said.

In August 2021, ABC13 learned the parking ordinance, which was approved by the metropolis of Pasadena successful January 2021, requires car repair shops to person 10 parking spots per 1,000 quadrate feet. The erstwhile ordinance required fractional the magnitude of parking for car repair shops, which is 5 parking spots per 1,000 quadrate feet, according to the city's Planning Department.

SEE ALSO: Small concern proprietor fights city's parking ordinance that could perchance unopen his store down

Under the caller ordinance, successful bid for the mechanic store to conscionable manufacture standards, the gathering would request a full of 28 parking spots - which would necessitate Sepulveda to instal 23 further parking spots, costing astir $40,000. The outgo for this further parking is astir fractional the magnitude helium paid for the full building, according to Sepulveda's attorneys.

"The erstwhile proprietor lone needed these 5 parking spots," said Diana Simpson, an lawyer with the Institute of Justice. "It makes adjacent little consciousness that the metropolis is demanding that Azael needs more, due to the fact that the erstwhile proprietor didn't person challenges oregon problems with the magnitude of parking and truthful the metropolis has enacted this caller ordinance that conscionable doesn't marque immoderate sense. Azael should person been grandfathered in. He should beryllium capable to get an objection to these requirements, but the metropolis won't person it and they are conscionable demanding that helium person parking that helium doesn't request and can't afford."

This caller ordinance lone applies to caller businesses, not established businesses. At slightest 2 different section concern owners contacted ABC13 stating they were having the aforesaid contented and requested a variance done the metropolis to spot if determination could beryllium an objection for their cases. Sepulveda said helium excessively requested a variance and it was denied.

"(The city) denied it aft 2 days," Sepulveda said, referring to his petition for a variance. "And they couldn't springiness maine an mentation why."

Sepulveda would besides beryllium changing the usage of the building, which is communal successful cities that don't person zoning laws similar Houston. However, owed to this parking request debacle, Sepulveda's caller gathering remains closed.

"It's unclear wherefore the metropolis of Pasadena has enacted this caller ordinance," Simpson said. "It seems that they are trying to propulsion retired hard-working businessmen and businesswomen from the metropolis and that isn't rational."

The metropolis of Pasadena's readying section responded with the pursuing connection connected Thursday:

"It appears Mr. Sepulveda has submitted immoderate variance exertion materials, but the metropolis has not received a completed variance exertion oregon immoderate of the accompanying fees from him.

Our ineligible section does not person immoderate comments.

No different concern has submitted a variance petition exertion regarding the city's existent off-street parking requirements based connected the fig of required parking spaces.

Simpson said the Institute of Justice has filed a petition connected Sepulveda's behalf, claiming the caller ordinance violates the Texas Constitution.

"Honest to God, I did not privation it to get to this point," Sepulveda said. "I'm not a confrontational person, but this is my imagination close present and I've ever wanted to ain my ain shop."

Sepulveda said helium had conscionable 1 connection for different section concern owners facing akin challenges.

"Keep connected fighting," Sepulveda said. "Never springiness up. If you person a dream, conscionable prosecute it and you'll get it."

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