City council rejects license for ceramics shop

Libby City Council voted unanimously Feb. 18 to deny a business license to a ceramics shop located on Washington Avenue in what officials described as a rare move.

406 Education Ceramics advertised itself as a shop where customers of all ages could enroll in classes. It also planned to offer an “educational story time” for children between 6 and 10 years old at its Washington Avenue location.

Officials pulled the item out for individual discussion after City Councilor Kristin Smith noted that the business operates in a residential neighborhood.

Usually, city councilors approve business licenses en masse. Three other license requests, from a cleaning service, insurance agency and auto repair shop, passed together without debate or opposition.

Libby’s municipal code allows for educational institutions in residential neighborhoods, Smith said. But “our zoning district specifically refers to ‘institution’ and in my mind an institution is a nonprofit entity, not a for profit business that does classes,” she said.

“Anybody can say they’re going to do classes and open up a woodworking shop in their garage and give classes on Saturday,” Smith said. “This has a lot of potential ramifications.”

City Councilor Gary Beach agreed, saying approval would set a poor precedent.

“I feel that if we approve that, it’s going to open up Pandora’s box and you’re going to have these things pop up throughout the neighborhoods,” he said.

Smith also worried the shop lacked water and sewer connections, making sanitation a potential problem.

“And if you’re open, whether as an institution or a business, I’m kind of sure you have to provide those things, particularly if you’re going to have kids in there,” she said.

But officials returned to the initial objection, that 406 Education Ceramics was located in a residential area. Mayor Brent Teske said the applicant was asking for an exemption for “institutions of educational, religious, or philanthropic character, other than correctional facilities,” as per Title 7 of the city’s municipal code.

The same section of code also provides for private greenhouses, clubs, social organizations or community centers in residential neighborhoods.

“This is kind of a strange situation,” Teske said. “There was some verbiage made on the application to intend that it would fit. I don’t believe it [is permissible], either.”

Complicating the matter, 406 Ceramics is open for business. That’s not unheard of, particularly in areas where the zoning matches the use, officials said. In this case, the business owner already has invested money in the operation, Teske said.

Beach described it as another red flag for city officials.

“If I were to move forward with the business, I would do the research and apply for the business license prior to doing a huge financial outlay,” he said. “That’s just good business practice.”

In a 5-0 vote, city councilors rejected the license and opted to send the business owner a letter detailing the reasons for the denial. City Councilor Hugh Taylor was absent from the meeting.