Most used-car lots along Cornhusker Highway, West O and North 27th streets are breaking the law.
Cars and trucks in sales lots are supposed to be parked at least 12 feet from the property line and screened by low bushes at least 2 feet high on those streets that serve as entryways to the city.
But the cars in those sales lots are often parked just a few feet from the sidewalk. Sometimes they hang over the sidewalk or street. And seldom is there a bush to be found.
One used-car dealership, A&B Auto Sales at 3441 Adams St., wants the city to change those rules, giving the 60 dealers doing business along these streets more freedom to show off their vehicles. Ahmed Al-Aboudy, with A&B, wants dealers to be able to park vehicles 6 feet from the property line, and be able to park in what's known as the side yard, which is currently not allowed.
A public hearing on the proposed change is scheduled for the Lincoln City Council's Monday meeting, which begins at 3 p.m.
The setback rules for where cars can be parked in sales lots are intended to help beautify these arterial streets, allowing more greenspace along those routes that are considered entryways to Lincoln, according to testimony to the city-county Planning Commission last month.
"There is a definite aesthetic question," says Andrew Thierolf, a city planner who worked on the issue. "Do you want the gateway to the city to look cluttered or do you want nice landscaping and larger setbacks?"
But, obviously, the owners of car lots want to have more area for display, says Thierolf, explaining the two sides on the issue.
The 12-foot front setback rule applies only to car dealerships. Other businesses on the same streets are allowed to have customer and employee parking within 6 feet of the front property line.
A&B Auto Sales operates from a former steakhouse site, parking the cars for sale in what used to be the restaurant parking lot. And A&B Auto's violation of city zoning code came to light when the company purchased some land and needed to change its lot line.
The city's setback rules are seldom followed and rarely enforced.
At least 90 percent of used-car businesses along the three corridors are not following the setback rules, according to a planning staff survey. And planning staff don't believe any used-car business is providing the screening required by zoning codes.
The city rarely enforces these setback and screening rules, dealing with the issue only when there is a complaint.
And there haven't been many complaints. In the past three years, there have been 5 to 7 complaints relating to car dealerships and parking, said Chad Blahak, director of Building and Safety for the city.
The Planning Commission, on a 7-2 vote, recommended against the setback and screening changes. It did recommend changing parking requirements for customers and employees.
"My client is interested in improving his property in Lincoln and has been working for several months to move the plan and the vision forward for his property," said Ryann Glenn, an Omaha attorney representing A&B Auto Sales. "We hope for a positive outcome," she said.
The City Council last looked at this setback issue in 2002, when used-car dealers along West O Street wanted a more-lenient rule. After much study by those involved, the council reduced the front setback, then 30 feet, to the current 12 feet with the screening requirement.
