Land Commission

Published 12:00 am Friday, April 16, 2010

Land commission 0 for 2 after meet with businessman

By Billy Davis

The county land commission is at an impasse after its members failed to reach a decision about a resident who operates a business from his front yard.

“Let me know what you want us to do,” business owner Eugene Smith told the commission Monday night, repeating words he delivered in a March setting.

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But commissioners were also asking – for the second time in two months – for specific plans from Smith, whose yard at 18639 Highway 51 is filled with washers, dryers, dishwashers and many other items.

Smith, after being requested to do so, is applying for a special exception to operate a retail business in an area zoned agricultural. Such requests are typically made for a stand-alone store, not a business owner like Smith, who has no store or parking lot, nor even a tax I.D.

Smith and wife Katie were making their second appearance before the commission in two months, falling under “old business” at the April 12 meeting. Their second appearance ended much like the first – with no obvious progress from the applicants or action by commissioners.

Suggestions batted around, for a second month, included moving the appliances and other items to the back yard, where they are out of view from the highway, or to build a building to house the items.

“We can’t afford a building,” Mr. Smith said at one point. Asked later about building a fence, he said it would “take a little while” because he has no money.

The most pointed suggestion came from commissioner Danny Jones, who suggested the Smiths either return in May with concrete plans or face being shut down.

“You would do that?” Mrs. Smith asked Jones.

“That’s what we asked you to do last month,” Jones replied. “You still haven’t done it.”

Commissioners passed around a one-page sketch of the property drawn by the Smiths but did not discuss the sketch.

Another signal of coming action came late in the 20-minute discussion, when commissioner Sledge Taylor told the Smiths, “In all honesty, it’s going to be hard to make this go.”

Taylor eventually made a board motion, which passed unanimously, to instruct the Smiths to return in May with concrete plans for their business.

Before departing, the Smiths were helped in part by commissioner Danny Holland, who suggested that the couple receives the zoning rules and regulations for commercial property. The rules would show them what would be required for their home-based business to meet minimum standards, he said.

But Mr. Smith had already hinted, earlier in the meeting, that he expected to fail to abide by the standard zoning rules set by the county.

“You’re asking about parking lots and bathrooms – I can’t do that,” he told the commission.