Zoning Board to Hear Kroger Gas Station Case

A request for a variance to allow a Kroger gas station on Nine Mile, east of Alice, will be reconsidered Thursday by the St. Clair Shores Zoning Board of Appeals.

The board is reconsidering the request following a court order, according to a story in the Macomb Daily.

Landowner BCP is suing the city in Circuit Court after a request to rezone the property on the south side of 9 Mile, east of Alice Street between Greater Mack and Jefferson Avenue, was denied by city council and inaction by the city's .

BCP had filed a lawsuit in May seeking damages in excess of $25,000 along with a reversal of the city's denial of the variance in the lawsuit.

Kroger had entered into a purchase agreement with an option to purchase the property 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.

It was denied by the city and the Zoning Board of Appeals did not vote on the request in April.

“We feel there were some irregularities in the voting process,” said attorney Michelle Harrell, representing BCP Limited, told the paper.

According to a memo posted in City Hall, there will be no presentations by BCP or the city by court order. Also, there will be no public participation until the audience participation portion of the meeting.