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 The request for a special use permitting the outdoor display and
sale of tombstones at a mortuary came at the recommendation of the
Lincoln Planning Commission. Building and safety officer, John
Lebegue, reported to the council that the plan commission struggled
with the decision. While it was approved by the commission, it was
not by unanimous vote.
When it came to a vote by the council on Monday, aldermen voted 4 –
2 in favor; the proposed ordinance did not pass. According to law,
a change in ordinance has to be approved by the majority of all
elected aldermen, not the majority present for the vote.
Melody Anderson and Jeff Hoinacki were absent for the evening,
leaving only six aldermen for the vote. By law, five of them had to
vote yes in order for the ordinance to pass, and that did not
happen.
This request for special use was brought first to the plan
commission by Don Peasley, owner of Peasley Funeral Homes and
Peasley Memorials.
Peasley has operated both businesses for several years in Lincoln.
For quite some time the tombstones were sold out of a different
location from the funeral home. However recent events for Peasley
brought him to the decision to set up the tombstones on the front
lawn of the funeral home.
After the fact, it was discovered that as an owner of a funeral home
in a residential district, city code did not allow Peasley to place
the stones on display. He had to go to the plan commission and
request they recommend a change in the city code. Once the plan
commission did agree to recommend the change, it was up to the city
council to allow it.
Lebegue first brought this topic to the council at the Tuesday,
April 29 meeting. He said the plan commission had expressed that if
allowed the monuments should be shielded from street view, and they
were not keen on having them in display in a front yard.
Monday evening, Lebegue said Peasley would plant shrubberies around
the display to shield it as requested, and there is possibly another
location on the property where the monuments could be moved out of
street view.
During discussion it was brought up that a funeral home in general
is a business that offers services as well as retail products in the
form of caskets and other burial products. The city has long
allowed for mortuaries in R-2 residential districts, but this is the
first time they have had to deal with tombstones.
Jonie Tibbs asked about the fact the monuments are still on display,
even after discovery they were not allowed. Lebegue said that many
of the monuments had been placed in a garage, but not all would fit,
so some were still there.
Tibbs commented, “Mr. Peasley’s business has been here for years and
years, I have nothing against this gentleman; he is a great person
who serves our community. What I have (a problem with) is the open
display of these monuments without the proper coverage. This is
what I have a problem with, and the neighbors around there have a
problem with.” She went on to say, “If I want to sit in my front
yard, I don’t want to be gazing at them (tombstones).”
Lebegue said that was the same feeling of the plan commission and
they had specified that the display should be surrounded with
evergreen bushes at least 6 feet tall, so the stones would be
obscured.
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Tom O’Donohue said this was an established business selling
retail items already. He said he understood someone not wanting
to look at tombstones all day. He said his issue was that they
be moved so they are not in the front yard.
Michelle Bauer said she felt Peasley is conducting business not
currently permitted in that zone. But that the code needed to be
established. She added that she felt once the code was properly
established, Peasley would do everything possible to comply. She
said, “Today what we need to consider is, are we moving forward to
make sure he and his business gets the classification as it needs.”
Scott Cooper said his issue was that Peasley is already doing
something that is not allowed. He said, “I always envision, if you
want to do something you get the ordinance changed first prior to
setting up the business. I don’t want to hinder anything, but it’s
like ‘let’s set up and start selling, then go to city council and
get it (the ordinance) changed.”
Mayor Keith Snyder commented, “In the existing ordinance, mortuaries
are a special use in R-2 districts. But our ordinance is silent in
regard to display of burial monuments. The interpretation could be
that the sale of burial monuments is an ancillary business practice
of mortuaries. This (change) clarifies that is the case. I don’t
view it as a blatant disregard for city ordinance, because right now
I would say the city ordinance isn’t clear.”
O’Donohue asked for clarification of what the city was being asked
to approve.
City attorney Blinn Bates said the council would be voting to say in
general that the sale of burial monuments at a mortuary in an R-2
residential district may be allowed. He said this was not approving
allowing Peasley to do this immediately. In order to continue his
monument sales after the ordinance is passed, Peasley would have to
return to the commission, request the special use permit, and again
come back before the city council for final approval.
Peasley was at the council meeting Monday night, and was asked if he
would like to comment. He said only that he was willing to do
whatever he needed to in order to continue doing business.
When the item came to a vote, Bauer and O’Donohue readily offered
their yes votes. Cooper and Kathy Horn, both paused for a very long
time before adding their consent. Tibbs and Marty Neitzel both
voted no.
Without a majority of elected officials approving the request, it
failed.
The Monday night vote will have no effect on Peasley’s ability to
offer mortuary services at the current location. The only change is
going to be that the monuments can no longer be sold at the funeral
home.
[By NILA SMITH] |
