City council has rejected an appeal by Saxbys coffee shop to open for business at 6 am in the new Routsong Commercial Center at Oakwood and Irving avenues.
The city limits hours in its neighborhood business districts to between 7 am and 9 pm.
Representatives for Saxbys, who filed the appeal, did not attend the scheduled public hearing on Monday during Oakwood’s City Council’s July meeting.
Property owner and developer Tommy Routsong, whose center is almost ready to open, spoke as a proponent of Saxbys in the appeal. “Why would I do anything to harm the value of my own property?” he asked.
Seven residents of the neighborhood addressed council to urge rejection of the appeal.
Routsong also owns two properties that adjoin the center — at 20 Oakwood Ave. and 222 Irving — “the properties that would be most affected by any decision you make.” He said studies have shown that 60 percent of a coffee shop’s revenue is earned between 5:30 and 9:30 a.m.
Due to parking limitations, Routsong said he has sought tenants that would have different peak times of operation at the center.
Besides Saxbys, which would be busiest in the morning, he said a second could be Firehouse Subs, which would be busiest at midday. Firehouse is seeking a variance on the number of permitted seats in the location.
Routsong said he is negotiating with Orange Leaf Frozen Yogurt, “which would be more of a night-type of thing,” to be the third tenant. “I have turned down others like CVS Pharmacy and PF Chang’s restaurant,” he added, which would have occupied the entire center.
Council voted 3-0 to uphold the Oakwood Planning Commission’s 5-0 vote during May to reject a 6 am opening. Votes were cast by vice mayor Steve Byington, Mayor William Duncan and council member Anne Hilton.
Members Stanley Castleman and Rob Stephens, who have done banking and insurance business, respectively, with Routsong, recused themselves from the vote because of potential conflicts.