COUNCIL DENIES SPECIAL-USE PERMIT
City leaders follow recommendation of planning, zoning
By Lori Mellinger Bullard Banner News

When Tony Brazil first approached City Manager Larry Morgan with a sketch of a building, he told Morgan the building would be for storage and a shop, the city manager said.

Later, when Brazil wanted water run to the building, Morgan questioned Brazil.

"He told me he was going to live in the structure while he and his wife built their house," Morgan said.

Morgan said Brazil never mentioned running a business from his home.

"The next thing I know, the neighbors are calling and saying he's running a print shop," Morgan said.

Morgan told Brazil that the only chance he would be able to run a business from his home would be if planning and zoning and the city issued him a special use permit.

Brazil pleaded his case to planning and zoning in March, and when the board refused to recommend it to the city council, Brazil appealed the decision to the city council - who again denied him.

In March's planning and zoning meeting, there was a full house, mainly residents of Rollingwood Estates - who were against the permit.

On April 19, Bullard's planning and zoning commission conducted a public hearing to discuss and make a recommendation on a special-use permit for Brazil's print shop in the restricted neighborhood.

The five zoning board members present all agreed that they could not recommend the permit for the business - even if -- as the landowner said - it's unobtrusive.

Member Terry Cowan spoke to audience members once all the comments were made.

"We try to be guided by the neighborhood," he said. "If they have no objection, then we're usually okay with it. It not, we must take that under consideration," he said.

Mayor A.W. Hines opened a public hearing on the subject at the council meeting.

Brazil did his best to assuage his neighbors and council members during the forum He also said he bought the land from owners who told him that the land wasn't in the city limits and therefore not bound by zoning requirements - although he did approach the city for water service.

"I didn't move in to be a business," Brazil said. "There are no signs, no trucks, no traffic.

"It's just a supplement to my social security."

He said all he wanted to do was to print several church brochures - including those for Garner Ted Armstrong's ministry.

At the P&Z meeting resident Carl King believed that while that might be the case, he was still opposed to any business in the area.

"It was residential when it was developed and we request the commission allow it to stay that way," he said, at the P&Z meeting.

Jimmy Cantrell, also opposed to the action, was concerned about property valuation, as well, at the P&Z meeting.

"I've lived there since 1980, and I moved there because of the residential zoning," he said.

Then-Mayor Pro Tem Hines - who attended the P&Z meeting - spoke about his concerns for the legalities of the move.

"Not only would this set a dangerous precedent, but I think that even if the city were to sign off on it, it still wouldn't be allowed," he said.

Hines said Rollingwood Estates is a restricted community, and therefore has rules and regulations to follow that usually go above and beyond the city's ordinances.

"We - the council - don't have any authority to override deed restrictions," Hines said.

"We want to be good neighbors," King said. "But we also want to protect the neighborhood."

Brazil, his wife and friends all took turns speaking - and all basically affirming the same thing. Brazil has already built a 1,500 square foot tin building in which to house his three presses.

"You can't hear the machines," Brazil said. "There won't be any advertising for the business, I just want to continue to serve the few churches that I've been doing work for for years.

"No one will even know it's there."

Once everyone spoke, the council backed up the commission's view, and now-Mayor Pro- Tem Rodger Johnson said that with sympathy to the Brazil's plight, based on information by City Attorney Charles Morton, made a motion to deny Brazil's request.

The vote to deny was unanimous.

P&Z commissioners in April asked Brazil if he could possibly incorporate space into the home they're building for the press, but Brazil said his wife couldn't stand the noise.