Planners table permits

Wednesday, October 15, 2014

A request from Chad Smith for a temporary building to be placed on the north end of the building housing White Oak Station was tabled by Pea Ridge Planning Commissioners during the regular meeting Tuesday, Oct. 7.

And, after a tied vote following a motion to approve the conditional use to sell liquor, planners also agreed to table the conditional use permit for liquor sales.

Smith, who said he is not connected with White Oak Station, said he is requesting the temporary building simply to follow the guidelines of the Alcohol Beverage Control Board since he received the license but does not plan to open his business inside the city limits of Pea Ridge.

No one from the public attended either the public hearing nor the meeting.

"Basically we're requesting two conditional use permits, temporary, on White Oak grounds ... in place for approximately 24 to 36 hours over the next couple of weeks ... then removed," Smith told planners. "We're in no way, shape or fashion trying to open a liquor store."

Smith said his name was drawn in the state lottery for a liquor permit inside the city limits of Pea Ridge but he had "decided it was in the best interest of the city to move outside the city limits. The requirements, the way the law is written, we need to open for eight hours here, then move."

Smith declined to tell where he was moving the business.

After questioning by several planners, the commission agreed to table the request until answers to questions could be found. Questions included whether there would be utilities and plumbing to provide a restroom.

Planner Jerry Burton said: "You're going to use the city of Pea Ridge and within 24 hours you're going to be gone? I personally don't like the city of Pea Ridge being used that way. What assurance do we have that you are going to be doing this? It seems like you would be working on another location already, so you may have that in mind."

Police Chief Tim Ledbetter said he spoke with "counsel at ABC" and was told there must be a "fully functional building."

Smith said the requirements depend on to whom one speaks.

Assistant city attorney Michael Niederbaumer said he would have to look at the ABC rules.

Water Department superintendent Ken Hayes said there must be a waiver from the State Health Department even if there is not water to the building as there was for the snow cone shop put in a parking lot across the street.

Dr. Karen Sherman chaired the meeting from which planners Zachary Hoyt, Heather Clark and Matt Powers, chairman, were absent.

The request will be placed on the November Planning Commission agenda, planners said.

General News on 10/15/2014