Quorum Court correct in its zoning decision

The March 27 editorial in the Northwest Arkansas Democrat-Gazette regarding the conditional-use permit on Shaeffer Road was quite critical of the Quorum Court, an elected body. We, as residents of Shaeffer Road environs, are pleased to see our elected officials uphold zoning regulations.

For the record, the Planning Board (appointed individuals) approved a conditional-use permit for a commercial enterprise based on technical guidelines — ignoring the issue of compatibility with surrounding uses — on Nov. 10, 2016.

Residents of the area appealed the ruling to the Quorum Court based on the central criteria that an exception to zoning regulations may be granted when “conditional use will not be injurious to the use and enjoyment of other property in the surrounding area for the purposes already permitted.” In this case, zoning specifies the area as agriculture, single-family dwelling. Approving a private hobby/business for profit has negative impact to the area and is injurious to Shaeffer Road residents’ use and enjoyment of their property. In other words, a permit would run counter to the zoning regulation.

Additionally, fire protection, law enforcement, water use and road maintenance to accommodate a commercial enterprise would further strain an already strained county budget. Another reason not to approve the permit.

The Quorum Court therefore overturned the 2016 Planning Board decision by a vote of 11-1. Thank you, justices of the peace. For the record, each justice of the peace stated professional reasons for their ruling and subsequent conditional use permit denial.

The petitioner appealed the Quorum Court’s legislative ruling to the Circuit Court. On March 13, the Circuit Court overturned the Quorum Court’s lawful legislative decision. With this reversal, the Circuit Court indicated the justices of the peace had no professional opinion to support their vote — a ruling that suggests planning boards cannot exercise judgment nor rule contrary to paid planning staff.

In our estimation, the decision of the justices of the peace reflects thoughtful, professional considerations well within their legislative duties supporting the zoning regulation principal intent. As property owners, we encourage the justices of the peace to appeal this action.

We also encourage Washington County planners to strengthen and clarify the guidelines for conditional-use permits in other rural settings. Agriculture-zoned areas should not have to face parking lots for 60+ vehicles, heavy traffic and loud parties.

ROBERT AND NANCY HARTNEY Fayetteville