Approval of Dollar General's conditional use permit to sell beer and wine hit a pothole Aug. 5 when an adjacent landowner complained that delivery trucks have torn up the parking lot to his building.
Shane Perry of Bentonville, who owns the building due west of Dollar General, said he's been trying to get a response from Dollar General's home office since he bought the building in 2003. Perry produced an aerial photograph with lines showing the property lines. For cars to pull into the parking spaces on the west side of the building, and for delivery trucks to reach the dock, drivers have to cross Perry's land, according to the aerial photograph.
Walmart also had a conditional use permit for beer and wine sales. That permit was unanimously approved, with chairman Matt Powers and commissioner Heather Clark abstaining. Both work for Walmart.
Perry said that he's got a short memory and if Dollar General will address the issue, he'll be happy.
"Dollar General delivery trucks have destroyed my parking lot," Perry said. "I've talked to them about this for many, many years. A gentleman, Greg Keith, was a district manager, I talked to him back in 2007 and 8. He basically gave me the Heisman -- told me to talk to Mr. (Jerry) Collins who owns the property. It's not him damaging my property. I'm trying to be a good neighbor, but they need to pay for damage to my asphalt.
"My request is deny it outright, or table it until they come to the table to talk to me," Perry said. "I can go string steel cable and block the access, I'm trying not to be a jerk. I'm happy to talk to them."
Clark, who is an attorney for Walmart, cautioned Perry about the perils he may have if Dollar General claims they have a prescriptive easement -- in effect claiming right to use his property because they've used it for so long.
"No," Perry said: "I wrote them and cut them off years ago. I've been careful to deal with that issue."
Commissioner M.J. Hensley, who is a retired engineer, said the parking lots for both buildings were installed in a flawed manner. "There's an inch and a half of asphalt over red dirt, no base," he said. "It was just not done right."
Commissioner Zach Hoyt said he didn't want to get into what "frankly, is a tiff between property owners."
Deputy city attorney Michael Niederbaumer read the law concerning conditional use permits, which includes the ability to deny or approve a permit based on the opposition or support from nearby landowners.
Hoyt asked, "If he were to string up cable (along his property line) would it make deliveries difficult?"
Cotton answered, "Yes, it would."
Commissioners asked if Dollar General district manager Cindy Cotton would work to get the home office connected with Perry. Cotton, who's been in her post four months, said this is the first she's heard about the situation and she'd gladly contact the home office.
Powers asked if the city has any recourse through city ordinance for a failing parking lot. City building official Tony Townsend said that city ordinances say nothing about maintaining parking lots.
Later in the meeting, commissioner Jerry Burton said he recalls having conversations about Collins fixing the parking lot.
Townsend said: "He's said it more than once, and that's the condition that it's still in."
Police Chief Tim Ledbetter weighed in on the situation, noting that if Perry does block his land, Dollar General trucks will start going across the Nazarene Church's parking lot and tearing it up, as well as failing to negotiate a turn and dropping off into the ditch along Arkansas Highway 72.
"It's my opinion," Ledbetter said, "that you should table this until these guys can get this worked out -- otherwise the Nazarene Church will be over here screaming at you."
Commissioners, after a bit more discussion, voted to table the permit.
General News on 08/13/2014