Kroger Gas Station Denied in St. Clair Shores

A request to allow Kroger to build a gas station on 9 Mile Road was denied by the city's Zoning Board of Appeals.

This was the second time property owners BCP Limited brought the proposal before the board. The appeals board heard the request in April after it was denied by .

During the meeting there was not a second to the motion to vote on the proposal, which caused it to fail.

BCP then filed a lawsuit against the city in Macomb Circuit Court, and Judge Edward Servitto ordered the board to reconsider and take a "conclusive" vote on the proposal for a use variance, according to Robert Ihrie, city attorney.

The board voted 5-2 against the proposal for the gas station on .54 acres of land on the south side of 9 Mile, east of Alice Street between Greater Mack and Jefferson Ave.

"I felt the petitioners did not prove their land could not be used in the manner it is zoned," said Steve Scavone, who made the motion to deny the request and stated his reasons for his vote. "I think a gas station with its increased traffic, noise and fumes will actually change the character of the locality."

Kroger had entered into a purchase agreement with an option to purchase the property from BCP if the current zoning classification could be changed from a B1 to a B3 zoning classification to allow the grocery story chain to construct a gas station.

But after the denial, BCP filed the lawsuit seeking damages in excess of $25,000 along with a reversal of the city's denial of the variance in the lawsuit. No new court dates have been set in Macomb Circuit Court.

"I wanted to commend the board for maintaining my neighborhood," said Jim Calin, whose house backs up to the property where the gas station would be built. "A gas station doesn't work there."