Plan for Five Guys in Fairfield fried by parking issue

Forget about getting an order of fries with your burger at the new Kings Crossing shopping center anytime soon.

The Town Plan and Zoning Commission on Tuesday denied a zoning compliance application for a Five Guys outlet -- noted for its burger-and-fries-centric menu -- at the shopping complex at the corner of Kings Highway East and Grasmere Avenue. The development is home to a recently opened Whole Foods Market in a stand-alone building.

Five Guys was slated to go into one of the two other buildings on the property. Other tenants include Chipotle Grill, PETCO, CVS and a bank.

TPZ members cited a lack of parking spaces for the restaurant in denying the application.

"I'm surprised at the decision of the commission," William Fitzpatrick, the developer's lawyer, said Wednesday. "I am meeting with my clients to evaluate our options."

Under the town's zoning regulations, the parking slots for the restaurant are 13 fewer than required. However, also under zoning regulations, if a developer creates a shared access driveway -- as Kings Crossing has with Home Depot, next door on Grasmere Avenue -- the development is given credit for parking spaces lost because of that shared access.

In this case, that means the Kings Crossing developer should get credit for about 75 spaces. One option available to the developer is to seek a zoning waiver for the 13 spaces needed by Five Guys.