The Pea Ridge Planning Commission met Tuesday, Feb. 7, and unanimously denied a conditional use permit for Jim Erwin's property on Slack Street.
The commission previously unanimously denied use of the lot, which is adjacent to Erwin's towing business, Jim Erwin Wrecker Service, in August 2013, commissioner Jerry Burton said. The denial, he said, was related to drainage issues.
Building official Tony Townsend said the lot has been leveled off, and he doesn't see a drainage issue now that the lot has been leveled off.
"It was ponding because of the mining operation that had been done there before," Townsend said. "I haven't seen standing water or ponding on that lot ever since."
The water, he said, is now diverted into the street, where it ultimately ends up in the city's main drainage system.
While the lot is zoned commercial, Burton said, it is, more specifically, zoned C2, which does not typically allow a towing service. That, he said, meant that this requires a conditional use permit.
Additionally, he said, the city has had difficulties with Erwin in the past.
In 2011, for instance, he said that Erwin requested a variance for a sign setback, because the sign would have to be in the center of his lot otherwise. This was unanimously approved, Burton said, but the commission was somewhat misled. The sign, which wasn't expected to be in place for more than a month, showed up within a week.
"So that seemed to communicate disrespect to the process there," he said.
In the public hearing before the commission addressed Ewin's business, people who live and work in the adjacent area came to express their frustration as well as support.
John Tjarks, owner of A-OK Insurance, said he was concerned about an increase in traffic.
"A couple concerns I have is mainly a safety issue for the traffic," he said. "You're talking probably six to 10 businesses in that one little area alone. You're talking about accidents and unsafe conditions."
He also had concerns, he said, about the aesthetics. The towing company, he said, has had crushed cars piled in front of it, for instance, and he isn't happy to have to see them.
Another issue, the said, is he's concerned about the environmental impact. He's concerned, he said, that these vehicles could leak fluids, which will be absorbed into the ground and end up in the water supply.
"There's no gravel, there's no pavement," he said, "and they're just pulled up in there."
Misty Peronia, owner of Alpha & Omega Therapy Services, said she was concerned the potential eyesore may deter other businesses from moving into this part of town. Additionally, she said, she is also worried about an increase in traffic, which could prove dangerous.
"I just find that to be a safety issue," she said. "I'm not opposed to the business, I'm opposed to where it is."
Judy Holm, however, said she lives near the business and wasn't concerned at the prospect of Erwin expanding.
She knew the wrecker service was in place when she bought her home, she said, and while it has been less-than-ideal scenery at times, she's set up plants so she has something prettier to look at.
"We've had our ups and downs, we've come to really get to know Jim and Lori," Holm said. "That's their livelihood. We just don't have a problem, at all."
Erwin's wife, Lori Erwin, said that the lot is not used as a salvage operation, and does not sell parts. The cars that were piled up, she said, were awaiting transportation for recycling.
A wrecker service, she said, is a necessity if people have cars.
Jim Erwin said that he doesn't know where else his business should go, and that, one way or another, the city needs a wrecker service. A central location, he said, is convenient for everyone.
"I've been a member of this community for a long time," Erwin said. "I got to be someplace."
He does not expect to increase the traffic load on his street, he said, and primarily expects to use the adjoining lot to have more space to work.
"We're not adding more trucks, we're not adding more volume," he said. "We just want to use that adjoining property to make things easier on us and everyone else."
Additionally, Erwin stressed that he provides services for the Pea Ridge Police and Fire departments. He also mentioned that, in Centerton, there is a wrecker service on the main drag.
He said he gets the impression his neighbors would prefer he be located somewhere remote and out of sight.
"I'm just a working man," he said, "basically just trying to deny my freedom is what you're trying to do just because you don't like the way it looks."
Erwin declined to be interviewed following the meeting.
General News on 02/15/2017