Brandon Krause didn’t have any reason to believe he did anything wrong six years ago when Perfect Cuts Nursery moved into the current location at Pond Springs Road, Austin. It seemed ideal to be situated on a 1.77-acre parcel between an office park, and a water tower.
The property was located near a number of rentals, which made it easy for employees to commute. His landscaping company didn’t seem to be affected by the property’s commercial zone. He was a former occupant of a nursery for plants. In 2016, he was issued permits by the city.
Krause began to be told by authorities that his property could not have been used as a landscape business after several years. The code enforcement officers slapped Krause with fines, and said that he had to complete the expensive, lengthy rezoning process in order to operate a landscaping business.
As we speak today, I am $28,000 deep in debt. And there are still some applications to be submitted and reviewed by the city council. Krause claims that there is likely to be another $6,000-$7,000 available. Krause also faces a municipal court case that could result in tens to thousands more dollars in fines.
This is a stark contrast to his alleged technical violations.
Krause’s Pond Springs property is zoned “community commercial-conditional overlay,” or GR-CO, which allows plant nurseries as a conditional use. The city had initially classified Krause’s landscaping nursery business—which purchases and installs plants as part of its general landscaping business—as a nursery as well.
Krause, who was damaged by a hurricane in 2017, applied for permits to rebuild a two-story structure on the property.
According to Nikelle, who is representing Krause, the city initially granted Krause permits. After work started, however, code enforcement came and cited Krause because he had an illegal use of his property.
According to him, his company wasn’t really a nursery. Instead, they said, it was properly classified as “construction sales and services”—a use that is not allowed on GR-CO zoned properties.
Krause has tried to make his business compliant since then.
For six months, he attempted to make this happen himself. However, Austin’s bureaucracy of planning was an overwhelming task.
“No matter what I did, I was directed to a new floor. He says that he reached a point in his life where he couldn’t complete the task. He hired a consultant as a way to help him get out of his misery. This didn’t help either.
He received word that he had to file for a wholesale property rezoning. This is a lengthy and expensive process, which requires Krause’s approval by the city council.
Notifications are sent to nearby property owners, and they have the opportunity to respond. Many complained about Perfect Cuts in letters.
Another neighbor complained that the vehicles of Perfect Cuts caused noise problems and it would get worse if Perfect Cuts became legal. Alyssa, another neighbor, was concerned about Perfect Cuts workers listening to Tejano music with a level of volume and depth that is illegal. Another neighbor complained about Perfect Cuts employees making inappropriate comments to her when she was sunbathing in her yard.
Krause said that there have been some complaints about Krause’s workers being too loud and noisy on his property. But he is now working to address those concerns.
Perfect Cuts’ application was also rejected at the Housing and Planning Department. They suggested that the property should be rezoned but with a modified commercial status to prohibit landscaping businesses.
Krause says that this would make Krause move. He believes it would cause disruption and cost him and his staff. He estimates that he would lose about 25 percent of his workforce. They are trying to find housing and maybe they don’t want to drive. Everyone has more choices now than ever because of the labour shortage.
Perfect Cuts had a lot of luck. Austin’s Zoning and Platting Commission was kinder.
According to the, “This is an extremely torturous process to rezone properties to see us, for landscaping,” one commissioner said at a February hearing regarding Perfect Cuts’ request to rezoning. Austin Monitor This is the first time that this story was reported.
The commission ultimately voted 7–4 in favor of Perfect Cuts’ rezoning request. Meade states that there will be another hearing for the business with the city council, scheduled for early March. This is when the city council will decide whether to approve or deny the applicant’s request.
Even if Krause’s rezoning request is approved by the council, Krause has an pending municipal court case that could lead to Krause being severely fined.
“The judge decides the amount of fine they will impose upon him.” Meade states that getting it rezoned won’t completely eliminate those fines. The court has been asked to dismiss her case and remove any fines.
In the beginning, zoning codes attempted to physically seperate allegedly incompatible uses, such as residential, commercial and industrial. These regulations make ever more precise distinctions regarding what types of activities are allowed and prohibited.
According to a 2020 Mercatus Center report, “Some areas allow colleges, but not trade schools,” and also notes that new cars can be sold but not used, as well as restaurants, catering, firearms, and farmers markets.
This specificity allows city officials to have a great deal of discretion when deciding what property can be used. Krause, for example, can operate a legal company one day while operating an illegal business the next.
Krause believes that everything will turn out in his favor. It has been exhausting.
It is extremely frustrating. He says he has lost much of his sleep because of it. “I feel that the city has not been very friendly to business. They should have made it easy, but they keep finding ways to say that I am not in compliance.