ARMA —  After moving to a residential area, a local business’ Conditional Use permit will be sent back to Planning and Zoning for reevaluation and clarification of details.
M&M Tactical’s business permit was discussed during the City of Arma council meeting on Monday.
Owned by Mitch and Misty Huddleston, the business opened a storefront in May in downtown Arma. The store offered gun sales, full service gunsmithing and customization. Mitch Huddleston is also a certified Cerakote applier.
Before opening in downtown Arma, the Huddlestons submitted a conditional use application in 2017 which stated they were applying for a Federal Firearms License, adding a gunsmithing service, firearms customization, Cerakoting and when businesses increased they would expand to a retail store. It also stated they were to be licensed and insured according to their application.
Shortly after a burglary in August, the Huddlestons decided to run their business at their residence at 206 south 8th St., Arma. The council said the residence is currently zoned as residential.
“The were having more retail operations at that time involving gunsmithing as well as some selling of guns and/or ammunition,” City Attorney Rick Smith said of the downtown location.
The Huddlestons decided to purchase a shed, which they said they planned to use as “storage” for their business. The council and local residents wanted to assess whether the business’ intent was to operate the business from that structure, rather than the couple’s garage.
“Visiting with Bette Lessen [Arma City Clerk and Planning and Zoning Administrator] about this, the conditional use printed initially that was based on this representation, said they would be working out of their garage as opposed to that structure or a different structure,” Smith said. “The issue at this point in time is there are some neighbors that are expressing concerns over a retail business now being located in a residential area and a question as to whether or not the conditional use permit was intended to cover the operation of a retail business in that area since the conditional use permit was based upon the hearing that was conducted, representations made and the specific authorization for the purpose of establishing the gunsmithing and Cerakoting shop only.”
The questions become, he said, operating something beyond what is noted on the conditional use permit, what the business needs to do and what the council is going to require.  
The Huddleston’s Attorney Nathan Coleman, of Coleman and Conard, LCC, said that he believes the couple is still following the plan written on the 2017 application.
Arma Mayor Rock Anderson said there “seems to need to be more specifics in the conditional use permit.”
Councilman Scott Popejoy said a change order will need to be conducted to “get specific language in the conditional use permit that does allow retail of gun parts” and the permit must be sent back to the Planning and Zoning Board.
The city attorney agreed with Popejoy and said it must be referred back to zoning board to be reexamined as to whether or not the permit was granted for retail. Once completed, a recommendation will be made and the council and mayor will make a decision as to what to do next based on the information provided.
In other business, the council discussed a building on 401 E. Washington, Arma, owned by Danny Rogel. The council was concerned the condemned building may collapse.
The council tabled the discussion until a professional shares, in writing, with the council a report on the building, including a cost analysis by the Dec. 17 meeting. A  professional was to be at Monday's meeting — and previous meetings — to share that particular information, but could not make it for several months.
According to the city attorney, there is an option to sue a “viable person,” the building owner.
The council also discussed 2019 city employee raises. The council did not make a salary decision and decided supervisors will do an evaluation and present it to the council, from which the council will make decision on raises.
— Stephanie Potter is a staff writer at the Morning Sun. She can be emailed at spotter@morningsun.net or follow her on Twitter @PittStephP and Instagram @stephanie_morningsun.