The Mobile City Council heard arguments and debated for over an hour this morning as it considered the appeal of an Architectural Review Board denial issued to Marvin Hewatt Enterprises, a commercial developer looking to build what some called a “monstrous” gas station at 412 S. Broad St. in the Oakleigh Garden Historic District.

The appeal sought by Hewatt Enterprises was ultimately denied unanimously after Oakleigh Garden District resident and area attorney Jamie Betbeze had metaphorically reduced the debate to a case of fitting a “square peg in to a round hole.”

Hewatt Enterprises had worked hard with the ARB over the last six months in order to present a suitable site plan for the station, according to the developer’s attorney, Doug Anderson. He added that he felt the ARB had exceeded its authority and abused its discretion when reviewing the site plan his clients had revised roughly four times in attempts to comply with historic guidelines.

“They abused their discretion by relying upon the Broad Street Initiative to make their ruling,” Anderson said. Anderson also noted it isn’t within the ARB’s scope of authority to consider the future use of a development when granting approvals.

“Zoning says OK,” Anderson said.

When Anderson’s clients purchased the roughly one acre plot of land in August of 2007 it was zoned B-2 and not part of the Oakleigh Garden Historic District. The Oakleigh Historic District’s boundaries were expanded to include the land in question in late 2008. The lot currently sits vacant, except for empty beer cans, Anderson noted.

ARB Attorney John Lawler argued the site plan was not denied because of intended usage, but instead because an ARB ordinance determined the development would negatively impact neighboring properties.

District 2 Councilman William Carroll noted that on the North, East and West sides of the site, the fabric of residential communities would suffer. Areas South of the site are being considered for status as another historic district as well, he added.

Aspects of the site plan that are open to the ARB’s interpretation include style, design, placement and size, according to Lawler.

In the case of the last site plan submitted by Hewatt Enterprises, the ARB found the overall size of the development to be the main problem. Additionally, scale-related problems like the direction the structure is currently planned to face, the 20-foot canopy that would accompany the structure and the amount of concrete covering the ground were all found to be unacceptable by the ARB.

Residents of the Oakleigh Garden Historic District showed up at Government Plaza to display their support of the original decision to deny the development.

Oakleigh Garden District Society President Chip Herrington offered some observations as to what he felt might fit in the lot, which is roughly seven times the size of a lot typically found in a historic neighborhood. While he pointed to several old fashioned gas stations in the area the developers could mimic, other suggestions became less realistic and more creative.

Government Street United Methodist Church Pastor Rob Gulledge noted a Pawn Shop located down the street with a storefront that fit the neighborhood.

“I’m not worried about what someone sells,” Gulledge said of the store or the accompanying potential for crime associated with such a business, “but a big box (gas station) would be out of character.”

Gulledge then attempted to alleviate the issue of a potential monstrous canopy, which was part of the scale issues the ARB determined would ultimately be injurious to the neighborhood. He noted the prospect of a raised Creole cottage where cars could drive under the building to gas up would be more in line with the architectural character of the neighborhood. The suggestion was met with a chuckle from the crowd.

Also met by laughs, but this time only from Marvin Hewatt Enterprises representatives, was the suggestion of reducing the development’s scale to include only one or two pumps.

Ultimately, the council could not consider suggestions and members began voicing their rationales for their eventual denial for the appeal.

“We’ve already lost so much of what makes us special,” said District 7 Councilwoman Gina Gregory of harmful development in the past.

After being told the site plan would not be developed, Anderson said his clients had two options: to take the matter to circuit court and let a judge decide or to draw up a new site plan and begin the process all over again.

As for a decision, Anderson left all options open.

“That’s yet to be determined.”