Mechanic shop or junk yard? Belleville business fights zoning violation and neighbors
Owners of a Belleville auto-repair shop and its leased building on Old Collinsville Road are battling with neighbors and the city over what’s happening on and around their property.
The city’s zoning administrator maintains that it’s become a “junk yard/storage yard,” which isn’t permitted in an area zoned C-2 heavy commercial. He sent the owners a violation notice last month, asking them to remove all vehicles from the premises to avoid penalties.
Chris Brinley, 48, of St. Louis, owner of 1st Class Auto Service, and Alhambra residents Kenneth and Elizabeth Weiland, who lease the building to him, disagree with the administrator’s interpretation of the zoning ordinance. They’ve filed an appeal with the city.
Elizabeth Weiland called it “ridiculous” that they’re being asked to remove all vehicles from the premises of an auto-repair shop.
“We don’t sell parts, and at no point have we been a junk yard,” Brinley said. “(The vehicles are) just in the process of being repaired. Some of them are waiting for parts. We’re a repair facility.
“It’s not any different than any other automotive shop in Belleville.”
That’s part of the problem, according to Gary Johnston, a Belleville real-estate agent who owns a small strip mall next door.
Johnson said the Weilands’ building was constructed for a quick oil-change business that served customers driving in and out, and its small parking lot can’t accommodate the number of vehicles that Brinley keeps for days, causing issues for neighbors on both sides.
“He’s running a full-blown mechanic shop, and there’s just not room for it,” Johnston said.
Brinley’s application for commercial occupancy in 2023 stated that he planned to use six parking spaces. Today, all parties seem to agree that 10 to 25 vehicles are parked on the property at any one time, depending on demand for repairs and availability of parts.
Small business owner
The 1,800-square-foot building at 2339 Old Collinsville Road sits on a .67-acre lot with the front half paved and back half grass, according to a summary the Weilands prepared for the Belleville Zoning Board of Appeals.
Since 2002, the building has housed In & Out Oil Change, Belleville Auto Repair, Ryan’s Auto Repair and Fix-O-Flat.
Brinley began renting the property about two years ago after working 10 years for a Missouri car dealership. He operates 1st Class Auto Service, which is part of the Castrol Premium Lube Express chain, with his son. His son’s wife serves as office manager.
“I’m just a small business owner who wants to own and operate a business and follow the correct zoning procedures, and that’s what I’m doing,” Brinley said last week.
The city got involved last year, when neighbors complained about the business, said Cliff Cross, director of economic development, planning and zoning, who serves as the city’s zoning administrator.
In September, Brinley applied for a use variance for temporary outdoor vehicle storage on an unimproved lot (grassy area) and a special-use permit for a large metal shipping container he already had placed on the property for storing tires and other items.
Brinley told Belleville City Council in November that he was trying to grow his business the “right way” and eventually hoped to build an additional permanent structure in back.
Johnston, owner of the strip mall next door, presented a different view to the Zoning Board and City Council.
Johnston said Brinley’s property is often filled with cars and trucks “stacked nose to tail” and bigger vehicles such as motor homes, leaving no turnaround space for trash, delivery or tow trucks that are forced to cut through other properties or back up in unsafe conditions.
“He has been an awful neighbor,” Johnston said. “This guy will drive through the grass and across my property in the back, turn around and fly through my parking lot. I told him over and over and over ... ‘You can’t do that. You’re going to get somebody killed.’”
Johnston said Kenneth Weiland, who serves as zoning officer for the village of Alhambra, “should know better.” Elizabeth Weiland countered that her husband’s experience has contributed to his belief that the auto-repair shop isn’t violating any regulations.
Other neighbors unhappy
Representatives of other neighboring businesses also spoke or submitted written comments opposing Brinley’s requests at a Zoning Board hearing on Oct. 24. Much of the discussion revolved around how many vehicles were parked on the property, how often and for how long.
At the City Council meeting on Nov. 4, Cross told aldermen that some vehicles are parked on the grass, which is prohibited.
“The way the code is currently written, when you have three or more unoperational vehicles within a 24-hour period, you fall under the definition of a junk yard,” he added.
The City Council voted 16-0 to deny Brinley’s requests for both the use variance for temporary outdoor vehicle storage and special-use permit for the shipping container. He later removed the container.
Cross sent the Weilands the violation notice regarding vehicle storage in December. Last week, he declined to comment on facts of the case due to the appeal. Another Zoning Board hearing is scheduled for Jan. 23.
“Anybody has a right to appeal a determination of the zoning administrator,” Cross said, noting the City Council will ultimately decide. “I’m not judge and jury. All I can do is try to interpret the code as best I can.”
In their appeal, the Weilands are arguing that the property can’t be classified as a junk yard because, under definitions in the zoning ordinance, “inoperable motor vehicles” don’t include those temporarily incapable of being driven while service or repairs are underway.
The Weilands also maintain that 1st Class Auto Service would suffer “irreparable” harm if it had to remove all vehicles, and its city-issued public garage license allows it to park four cars per service bay. The building has three drive-through bays with two doors each.
“(The violation notice) makes no sense,” Elizabeth Weiland said. “There are 50 public garages in the city of Belleville. Are they going to get letters, too? Why can all the other garages store cars?”
This story was originally published January 14, 2025 at 6:00 AM.
