The discovery of covenants for Windmill Estates prompted the Planning Commission to table home occupation request from a resident on Asboth.
“I own the home, the business will not have signage and there will be infrequent customers at the house,” Ryan Walker said. Walker, police chief, said he was acting as a private citizen, not in his official capacity. “I will be providing audio and updating for vehicles — speakers or updating to any kind of vehicle. It could be an antenna on a jeep or an emergency vehicle. Ninety-nine percent will be done in my garage with the door shut. Everything I do is inside the garage.”
Planner Donnie Ewald asked about sound pollution.
“I do need to chirp the sirens and check the speakers,” Walker said, adding that he has done the work previously at his house for the city for free and no one complained. “This is more of a recreational thing on the side — helping a buddy out.”
Planner Dr. Karen Sherman read: “… occupied for single family residence purposes by the owner.” The covenant was filed Dec. 20, 2004, in the Benton County Clerk’s office.
Walker, who said he didn’t
know of the covenants, asked: “Where did you get that? Was somebody in the subdivision complaining?”
“Are we talking about covenants that we don’t know where they’ve come from?” Walker asked. “I’ve kind of got a concern that it is causing a problem that we don’t known where it came from and it doesn’t have an affect … Are you going to check for covenants from now on?”
“We need to be assured that the role to make that decision is legally sound,” Ewald said.