The Planning Commission again rejected a proposed gun dealership at 3022 E. Van Buren.
Keeling Grubb’s application for a Conditional Use Permit (CUP) was first heard at a special meeting in May 2023. At that time, Grubb said that most of his business would be devoted to higher-end weapons. He also explained that he needed a pawn license to buy and sell guns but did not plan a typical pawnshop. He would only pawn guns, silver, and gold. He would also buy other items outright, but those items would be sold online or elsewhere. Only commissioners Fergie Stewart and Tom Buford voted in favor of the proposal at that time.
Grubb appealed in circuit court, and Circuit Judge Scott Jackson upheld the commission’s ruling last month.
Meeting on June 11, commissioners heard a series of 16 emails responding to Grubb’s re-application. Most opposed allowing the gun shop to operate, but several endorsed Grubb’s proposal as a benefit to the city. Some respondents mentioned second-amendment rights.
Those who commented in person mostly supported granting the CUP. Leah Herron, representing Gun Owners of Arkansas, said, “We do not feel that hurt feelings should have any place in deciding what someone can do.” She said Grubb’s “legal business” should be allowed to operate. “We have had to stand against Eureka Springs in the past, and we’re prepared to do so again if need be,” she concluded.
David Parkman said Grubb’s business would not contribute to increased crime and warned against forcing a political agenda on a business. He also noted that Grubb had already cleared many serious regulatory hurdles to obtain a federal firearms license.
Grubb said his business currently operates outside city limits, but he would like to relocate to a building with concrete walls and better security. He would also have quicker police response. Grubb said he would add to the city’s tax base. He described the process of a background check, with a two-page form submitted to the FBI and Bureau of Alcohol, Tobacco, and Firearms.
Buford said city ordinances list reasons to oppose a CUP, and none of them would apply in this case. Stewart thanked Grubb for submitting another application, and agreed with Buford that “nothing in our current ordinance structure prevents us from approving this.” They both voted in favor of the CUP, and were joined by Chair Susan Harman. With commissioners Michael Welch and Ann Tandy-Sallee opposed, the application did not receive the necessary four votes for approval.
In other business:
- Sitting as the Board of Zoning Adjustment, commissioners approved a variance for Michael Dodge at 10 Magnetic Springs Rd. City ordinances restrict the height of a house to 35 feet above the street. Dodge’s lot slopes uphill from the street, and the house site sits back far enough to allow for parking in front of the house. The two-story design will reduce the house’s footprint and minimize tree cutting. The approved height will allow the peak of the house to rise 44 feet above street level. Dodge said he hopes to begin construction in the fall. No public comments were received on this item.
- Commissioners have discussed ways of staying ahead of potential problems with wind turbines or crypto-mining operations. Stewart said the state legislature is working on an act that will offer regulations in these areas, and city council will be able to pass a resolution in support of that act. Tandy-Sallee reminded Stewart that previous discussions had suggested that Eureka Springs was ill-suited for crypto-mining because of lack of abundant power sources and space. He suggested taking precautionary measures “just in case.”
- Commissioners have opened preliminary discussions on annexing new territory into the city. Mayor Butch Berry had asked the commission to research this, but before proceeding, commissioners said they would like more direction from Berry. They may also seek input from the Municipal League.