The Birmingham City Council on Tuesday denied an Avondale developer's request to rezone four renovated single-story houses to allow for residential, office and retail uses.

Coby Lake, a former owner of Avondale Brewing Company, and Birmingham Properties, LLC asked the city to rezone the property at 101 42nd Street South from R-4A, Medium Density Residential District to MU-M, Mixed Use Low District. The mixed-use low district zoning would allow a variety of residential, office and retail.

The council voted 3-3 which caused a denial of the rezoning.

The three-member planning and zoning committee of the Birmingham City Council voted against the developer's request on March 1. The city's zoning advisory committee voted on Feb. 20 to recommend the applicant's request with certain conditions.

Councilor Steven Hoyt called the request spot zoning. "When you do that the community loses its character," he said.

Before you invest in property, you need to check the zoning, he said.

President Valerie Abbott agreed it is spot zoning. East Avondale is dealing with a lot of changes, and the police department aren't enforcing the noise ordinance.

She said the city and this neighborhood has an abundance of empty commercial property.

"Avondale is a hot spot right now," Abbott said. "If people are willing to live in downtown Birmingham next to railroad tracks and a busy city street, what is the difference in living in Avondale next to railroad tracks and a busy city street."

Scott Phillips, an architect who represented the property owner, said the property is unique because it is zoned residential, but the property hasn't supported residential. He said tenants of the houses would have a view of a parking lot and a recycling center. The houses are also next door to railroad tracks.

A grass courtyard is proposed for the back of property, according to a site plan of the property.

Phillips said the owners have spoken with possible tenants including a barber shop, attorney, sandwich shop and bakery.

In a previous meeting, Councilor Darrell O'Quinn said the houses are more than a 100 years old and are former residences of Avondale Mill workers. He said rent on the residential units won't allow the owner to recoup his investment in renovating the structures.

In a statement to AL.com, Lake said the three surrounding neighborhoods supported the rezoning.

"The city council and mayor should celebrate and welcome the progress Avondale has made over the years, but they continue to do the opposite," he said. "It's baffling to me. Maybe some of the council members are jealous of the areas progress?"

Lake had strong words for city officials.

"The fact is for many years the city has chased out many well to do developers, entrepreneurs, business owners and individuals that love this city," he said in an email. "It's sad and has truly held this city back from reaching its true potential."

Lake said his project will be fine with the current zoning. He said he has a "great back up plan that will be good for the community."

Updated on April 25 to include comments from developer Coby Lake.