2010-01-20 / Front Page

City denies request for special permit

“Under these economic conditions, you have to do what you have to do to survive.” --Bullard City Council Member Rick Kindle
By DON TREUL editor@bullardnews.com

(Banner Staff Photo by Don Treul) Leslie Hestwood, right, requested an appeal for a special permit to set up a beauty shop in her Bullard home. Her request was denied at the Tuesday, Jan. 12 city council meeting. Also pictured is Bullard City Secretary Dorris Crockett. (Banner Staff Photo by Don Treul) Leslie Hestwood, right, requested an appeal for a special permit to set up a beauty shop in her Bullard home. Her request was denied at the Tuesday, Jan. 12 city council meeting. Also pictured is Bullard City Secretary Dorris Crockett. Leslie Hestwood wanted to operate a beauty shop from her home on Willow Road in the Moseley Addition in Bullard.

Her problem was that the area is zoned as a single family residential district and not for commercial enterprises. Her request to change the zoning code was denied by the Bullard Planning and Zoning Commission, so Hestwood requested an appeal by the Bullard City Council at the Tuesday, Jan. 12, meeting at city hall.

Hestwood said she wanted to work from her home to save money used to rent space at another shop, and to be able to spend more time with her daughter. However, she also understood the legal process.

“I kind of have to ask permission,” she said. I can’t just set up shop.”

Council Member Rick Kindle praised Hestwood for taking legal steps instead of just setting up a shop that might have gone unnoticed by

neighbors. He said he also understood her desire to save money by establishing a shop in her home.

“Under these economic conditions, you have to do what you have to do to survive,” he said.

While two letters from property owners within a 200-foot radius from Hestwood’s home protesting the special permit were presented to the planning and zoning commission, another letter stated that the “Hestwoods were great neighbors and that their house is the best kept in the neighborhood.”

Council Member Jay Abercrombie voiced several concerns about granting an appeal to change the zoning code or for a special permit for Hestwood to operate a shop from her home, including the effect a commercial enterprise would have on property values in the addition. He also said he was concerned about the safety of children in the neighborhood since a business likely would attract more traffic.

Council member Lindsey Bradley also said he was concerned about setting a precedent or if the request would increase similar interest among people in other Bullard neighborhoods.

Hestwood assured the council that she would not post a sign outside her home and, other than one or two vehicles parked by her home, there would be no more traffic than that.

Council Member Pam Frederick suggested that the council grant a special permit for six months to see what, if any, affect the business would have on the neighborhood.

Hestwood said “if it works, fine. If not, that’s ok.” She said six months would be more than enough time to find out how such a business would affect the neighborhood.

Despite the fact that Kindle did not think the city would be inundated with similar special permit requests, Bullard Mayor Teresa Adams-Wilks said that while she understood and appreciated Hestwood’s reasons for the request, she also was concerned about the precedent granting such a request would present.

“I do have to consider what that is setting for other subdivisions,” Adams- Wilks said.

Fredericks presented a motion to approve a sixmonth special permit. She and Kindle voted to grant the request while Abercrombie and Bradley voted against granting the request. Breaking the tie vote was left to Adams-Wilks.

“With it being residential, I am going to have to vote no in this situation,” she said.

In other business, the council accepted a bid from Hugh L. Goodpasture, P.C., certified public accountant, for a contract regarding the city audit of the fiscal year ending September 2009. Also, the council approved Scott Nelson to serve the two-year term to the Bullard Economic Development Corporation board ending December 2011 and Hayden Ray to serve the one-year term ending December 2010.

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