Wedding venue objectors change minds

Larry Peters returned to the Marshall County Board of Supervisors to appeal a zoning commission ruling denying his request to open a wedding venue on his farm.

The topic was the second time to be discussed before supervisors and three of his neighbors were back in the boardroom to object to his request for a special exception.

Peters brought two appraisers, Jimmy Hickman and Margaret Shelton, with him to answer questions about how the venue could adversely affect property values.

Peters asked for a permit to build a barn on his 60-acres located near Oak Grove Subdivision.

He said the tract was family land when he had bought out his relatives and he wanted to use it to make a profit on his investment.

“I brought appraisers to show it will not affect property values,” he said.

Hickman and Shelton work for Shelby County as appraisers.

The property has one acre that is zoned commercial, located on Byhalia Road, that has a storage building on it.

Board attorney Amanda Whaley Smith suggested all objections and concerns be reviewed, including how the venue could affect property values, noise, and safety on the roads if people leave the wedding under the influence of alcohol.

Peters said he has a private drive and wedding traffic will not come through the subdivision. Weddings will not go beyond 10:30 p.m. And he does not think noise would be a concern.

An ABC licensed bartender will serve guests.

Smith asked about plans for parking.

Peters said he has a front field and a secondary field.

“I think I need to see the plan first and whether there will be parties after the wedding,” said District 5 supervisor Ronnie Joe Bennett.

“Will the parking lot have to be rock or paved?” asked District 3 supervisor Keith Taylor. “We need to find out how that relates to what he wants to do.” District 1 supervisor Charles Terry, who lives near a cross-tie storage yard, addressed noise.

“My concern is it is in RE (Residential Estates) with so many objections and only one approval,” Terry said. “The issue with alcohol, your bartenders are not supposed to serve (someone who is already under the influence) but we have people all the time leaving venues drunk. I want to see the plans. I have a similar condition next to my house. It’s noise everyday.”

Taylor said a wedding venue was wanted across from his house and neighbors were split evenly for and against it.

“My concern is the same, drinking,” he said. “Whatever I do on this board I want to be consistent. I want to make sure I have a vision in my head, laid out on paper. That was in an RE area, the Mallards. I know they have to have a liquor license.”

Jones said Peters does not have a liquor license.

“They live on the property, too,” Taylor said.

District 4 supervisor George Zinn III entered the discussion.

“You have 60 acres. You are not going to try to park on the side of the street?” he asked.

“You would have to walk a mile to park on the street,” Peters said.

“We need a plan before we go any further,” Bennett said again. “Why can’t you put it on land already commercial?”

“It’s not commercial. It’s a cell tower,” Jones said. “We don’t zone cell towers commercial.” Peters said the property has been in his family 40 years. He bought his family out.

“It was my grandmothers,” he said. “I don’t want to develop it but to use it for a purpose – to keep it beautiful so we can enjoy it.”

David Chenault, Jim Stackhouse and Brad Broyles came forward speaking for the homeowner’s association.

“We have several concerns,” Stackhouse said.

Their property values were not a big concern. It seemed to be noise the neighbors were most concerned about.

Weddings usually draw young people and things get a little loud, he said.

“We have houses about 425 feet from where they are planning the venue,” Stackhouse said. “Our concerns, you put in a hard week and sit on the back porch and have a beverage.”

Stackhouse cited decibel levels generated from a human or a chain saw.

He said there is a long straight away on Byhalia Road and drivers pouring out of the venue would be endangered. It is zoned 45 but people drive 50 miles per hour, he said.

“We see it as a safety issue,” he said. “We would like to continue to oppose the variance.” Broyles also said the neighborhood would like to see a copy of the plan and expressed concern about alcohol.

Taylor said a person can get a liquor license from the state. The issue is not rezoning, it is a request for a special exception, he said. If the venue failed to operate the special exception would be void.

Broyles asked if he could see the appraiser’s report.

“You seem like your concern is safety,” Terry said.

“Safety and enjoying your property,” Stackhouse said.

Terry said the cross-tie yard was a concern for him at first.

“But I found it was not as big an issue as I thought,” Terry said.

“We’ve already got a problem with noise at the high school,” Broyles said. “If they moved it further back, we would have no problem with them having the venue.”

Stackhouse agreed.

He opposed the proximity of the venue to their houses.

“We could work with them if there is no problem with noise and safety,” Stackhouse said. “They are running 55 miles per hour most of the time on Highway 309 North. So we wait until there’s a plan.”

Taylor said he wants to give both sides due consideration.

“This has been going on a long time and we’re going to settle this,” he said.

Smith said the board would ask the parties to come back and discuss the details, the parameters.

“What the board wants is a specific design plan,” she said. “Your plan needs to be what you start with. They’ve got to see the vision, the parking, the entrance, the paving.”

Peters said a gravel road is already there.

Lisa Maloney, who is assisting Peters in the design, stepped forward with her computer to display a cabin plan that would be used for inside weddings. She also had a layout of the property and two ponds.

“He did a plan and I didn’t bring it,” she said, offering to show the layout on her laptop.

“If they put it where they say, we can live with that,” Stackhouse said, as all parties gathered around the computer with board members to listen to Maloney provide a description of the plan.

Objections seemed to dissolve as they each intently looked at the images on the screen.

The board then passed a unanimous motion to grant the special exception if the venue is moved far enough to the back of the property a sufficient distance agreed upon by residents.

“If they move back as far as they can, Mr. Stackhouse does not think there’s a problem,” Bennett said.

“Like one near me, if it gets loud, we can shut it down,” Taylor said.