A conditional use approved for CVT Towing last year was used as justification for approving a conditional use for Erwin Towing. But, the existence of Erwin Towing was used to justify the approval for CVT. Planners admitted to being “hamstrung” over the issue with two planners admitting they voted to approve the CVT conditional use because of the Erwin lot. Planners recently learned that Erwin Towing did not have a conditional use.
The owner, Jim Erwin, when informed by city officials recently that his lot did not have conditional use approval, applied to the Pea Ridge Planning Commission for approval. The conditional use was granted in the regular meeting Tuesday, July 2.
Erwin’s lot is at 724 Slack Street. CVT Towing is immediately east on the corner of Weston and Slack.
Attorney Josh Meister spoke to planners for Erwin stating that Erwin had been operating his business for at least 20 years. He said the tow recovery business has been in operation since 2001. Citing the conditional use for CVT Towing, Meister said the two companies “have the exact type of business.”
“It should have been the last 15 years he’s been running the business,” Meister said. “The nature and operation of his business has not changed… He has applied for and received a business license the entire time. There were no questions. He employs people in the community and has ever since he opened.
“To not approve would be a hindrance to the city of Pea Ridge,” Meister said.
Tony Townsend, city building official, said Erwin had owned the business since 1996 and the city wasn’t performing business inspections at that time. He said when city officials began looking into businesses in the neighborhood, it was discovered Erwin didn’t have the conditional use permit.
“I guess it’s a 15-year-old oversight,” he said. “He’s had a business license since 2005.”
“So, we issue business license. We don’t check into anything to make sure they’re in the right zone?” asked Dr. Karen Sherman, planner.
Townsend said inspections began in 2007 or 2008.
“Normally a business is in a zoned property. We thought Mr. Erwin was in the right zone,” Mayor Jackie Crabtree said.
“We’re researching some other things. We really don’t go back and check on zoning.”
Both Jerry Burton and Heather Clark said they approved the conditional use for CVT because it was next door to Erwin.
“I voted for CVT because of Erwin,” Clark said. “I think we’re a little hamstrung now.”
Burton said the Planning Commission must revisit the comprehensive plan and be sure all businesses in town are in the right zone.
“It seems to me, it’s an oversight going on for 15 years. I see no reason we shouldn’t approve the request and clean up the records to keep it in compliance,” M.J. Hensley, planner, said.
The motion carried with six “yes” votes and one dissent.
In other business, planners:
◊Approved an occupational use permit for Angela Price to operate an online sales business from her home at 1246 Lane Drive.
◊Approved Franklin Higgins operating a mowing, landscaping business from his residence at 466 Watie Street; and
◊A third occupational use permit was not acted upon because the petitioner, Angela Pike, of 1173 Charles Street, was not present.
News, Pages 1 on 07/10/2013