Shutdown Stop & Go Market at 809 28th Street in Ogden, Utah

Shutdown Stop & Go Market at 809 28th Street in Ogden, Utah

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Peter Kirschman started this petition to Mike Caldwell and

As concerned citizens of East-Central Ogden, we are asking the leaders of Ogden city to perform a full review and shutdown of the Stop and Go Market at 809 28th Street. There are many issues with the property, including:

  • Hours of operation: the store is open from 7am to midnight
  • Lighting
  • Loitering
  • Litter
  • Dumpster location
  • Legality of the drive-up window
  • Legality of alcohol sales in a residential neighborhood
  • Patrons of the store disrupting the peace of the neighborhood
  • Proximity to two churches
  • Traffic
  • Reports of gambling
  • Legality of the building itself

Considering all the other problems we face living in East-Central Ogden, we do not need these problems associated with the store in our neighborhood. Please consider an immediate review of the store and if it is indeed operating illegally, shut it down completely and deny all future nonconforming permit requests for the property. 

Details:

Traffic: Traffic from the store is almost constant and at times very disruptive, especially after 9pm, when our kids are in bed.

Loitering: There are constantly people loitering about the store, smoking, yelling, and sometimes screaming at each other. 

Litter: There is constantly many pieces of litter not just on the premises, but also the surrounding neighborhood. Patrons and/or employees of the store throw trash, including cigarette butts, everywhere but in a trash receptacle.

Police presence: We have the utmost respect for the Ogden Police Department. We have not counted the times they have been at the store over the years, but they are there very frequently. This must be at a high cost to OPD, as they have better things to do than to babysit patrons of the store.

Legality: Per paperwork obtained from the Ogden City Planning Commission, it seems that the commission had concerns with the property in 1995 and again in 2007. In both years, the owner was asked to make changes, but both years this was never enforced or even reviewed again at the due dates. As far as our research has found, there is no nonconforming use permit for the store, which is required for the business as it is in a R-1 zone. Per the documents obtained from the planning commission, the items that should have been addressed were:

  1. Additional landscaping at the northwest corner of the property.
  2. Two Illegal additions made to the building for which no permits were ever pulled.

Additionally, per Ordinance 15-6-3 (reviewed at https://www.sterlingcodifiers.com/codebook/index.php?book_id=515), there are a few issues with the store. To establish the correct reference, the store is in a R-1-5 zone (see https://www.ogdencity.com/DocumentCenter/View/519/Ogden-City-Zoning-Map). Additionally, because the store is in a single-family residential zone, and because the building was changed from a different nonconforming use (a car wash, sometime between 1995 and 2007) to its current noncomforming use, the owners must obtain a new nonconforming use permit, per Ordinance 15-6-3C: The nonconforming use of a building or structure may not be changed to another nonconforming use, except by issuance of a nonconforming use permit by the planning commission.

Building Additions: Even if permits had been pulled for the additions, 15-6-2B.1 states:
A noncomplying structure shall not be added to or enlarged in any manner, unless the Director finds that such expansion is otherwise authorized under subsections B2 through B4 of this section, or except by issuance of a noncomplying structure permit by the Planning Commission.
Per the documents obtained from the Planning Commission, the additions were never authorized by the Director nor did the Planning Commission issue a noncomplying structure permit.

Drive-up window: 15-6-3H.1.b.(2) states:
No use is allowed to install a drive-up window or pick up window. All transactions of exchange of merchandise must take place inside the building.

Dumpster: There are two dumpsters located on the northeast corner of the property, right next to the sidewalk. 15-6-3H.1.b.(5) states:
Any exterior service areas such as dumpster locations, delivery areas other than the front door, and garbage pick up areas shall be located out of the public view and in a location that is protected from visibility and smell by adjacent neighbors. No trash compacting devices may be located outside of the original building.

Hours of operation: The current hours of operation are from 7am to midnight. This is also a code violation. 15-6-3H.1.b.(7) states:
For all uses except restaurants and vacation rentals the hours of operation are limited to eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M. 

A full review of the store may reveal more legality problems including signage, food preparation, alcohol and cigarette sales, possible gambling, etc. Above is a non-professional review of the law and the documents obtained from the planning commission. Please consider an immediate, full review of the store and if it is indeed operating illegally, shut it down completely and deny all future nonconforming permit requests for the property. Tearing down the store and building a home on the property would have a tremendous impact on the neighborhood.

0 have signed. Let’s get to 200!
At 200 signatures, this petition is more likely to be featured in recommendations!