Longtime Car Dealer Closes Amid Zoning Conflict

Al Akhavan had been selling used cars at the small lot on the corner of Roosevelt Boulevard and Alma Avenue for 24 years, and before that the spot had been home to another car dealer.

So when Akhavan, who owns the property that houses both his Sun Shine Cars and the Bangos Law Firm, went to pull a permit for roof repairs on the law office, he didn't expect to have any trouble.

That simple act temporarily cost the longtime car dealer his livelihood.

When inspectors came to his site, they discovered that the property was never zoned for retail or commercial use, meaning Akhavan had to stop selling cars immediately.

"On March 11, he went to get the permit for the roof leak, and on March 23 they said he can't operate as a car lot," said J. Jason Bangos, who has been representing his landlord in the case. 

"The county told him the property was zoned for professional use and not commercial use. Al came to me and asked what he could do," Bangos said. "What else can you do when the county tells you to close your business?"

The one option Akhavan had was to take the matter to the Pinellas County Planning Department and petition the Local Planning Authority for a change to the county land use plan that would allow him to continue to operate his business on the property. Akhavan declined to comment for this story while his case is pending.

So far, the process has been a long and tedious, and he still has a long way to go.

Bangos says he and his client have already been to four hearings, and Akhavan has had to pay a slew of fines and fees, including some for canopy and sign violations, in order to have the opportunity to reopen. 

If Akhavan gets the wording in the land use plan changed, he will go before the planning authority again Dec. 8. If the board recommends approving the changes, the next step is to go before the county commission in January.

After that, Akhavan will need to obtain final approval from the Pinellas Planning Council in February and then the Citywide Planning Authority in March before he could move his inventory back onto the site, nearly a year after he was forced to shut down.

When contacted by phone, Pinellas County Planning Department Zoning Manager John Cueva said he understands the frustrations that can arise from a situation like this, but he is also quick to point out the fact that the county is working with Akhavan, not against him, in this matter.

"When the board ... saw the patterns in the area, they said this was not consistent with what was out there already," Cueva said. "But they felt sympathetic to this gentleman since he'd been operating there for 20 years and ... they directed staff in the county attorney's office to find a way to allow him to continue doing what he's been doing."

When asked about allowing retroactive changes to be made to the code to permit an existing business, Cueva was adamant that what is being done for Akhavan is highly unusual.

"This is very uncommon. In my 31 years here, this is the first time I've seen a case come up like this," Cueva said. "This is unique in the sense that this is totally out of character for what the plan was for this area of Roosevelt, but they're trying to help this individual."

While Bangos says he appreciates the fact that the county has been willing to make changes to the code that favor his client, he is also frustrated at how the issue has affected both the car lot and his business on the property.

"For 26 years, there have been cars on this lot," Bangos said. "Now, people see no cars, they think the (law) office is closed. It's only human nature. Empty lot equals no business.

"Perception can become reality in situations like this."