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Sulphur Springs resident and longtime tattoo artist Robert Cote addresses the Zoning Board of Adjustments and Appeals during their meeting Tuesday night. The board granted his permit without the restrictions recommended by the Planning and Zoning Commission. Staff photo by Todd Kleiboer -
Sulphur Springs resident Robert Cote has been tattooing for 15 years, and he currently works at The Highwayman Ink just outside of the city on Highway 19. Courtesy/Legacy 13 Studios via Facebook
Owner to open start of next year
New Business
Sulphur Springs will soon see a new tattoo studio with the approval of city resident Robert Cote’s special use permit by the Zoning Board of Adjustments and Appeals Tuesday night.
“I’m glad it was approved,” Cote said. “There’s a lot of people who get tattoos, and now they have the option to come to Sulphur Springs and get tattoos.”
Cote said he is looking to open his business Legacy 13 Studios on Jan. 1. It will be at 201 Houston St. east, Suite 4.
“It’s a new year, new business, new everything,” Cote said.
PLANNING AND ZONING
The Planning and Zoning Commission held a discussion Monday night prior to the ZBAA meeting and recommended the permit be approved with restrictions on its hours of operation and a condition to review the permit if three or more complaints were received. Vice Chairman Craig English recused himself due to a conflict to interest, citing he owned nearby property.
“It’s got the right zoning, and I believe he [Cote] will take care of keeping everything down as far as his customers,” Board member Chuck Sickles said. “With the provisions, we can come back and look at it again.”
This recommendation for approval from the commission went against the staff’s recommendation of denial, and Sulphur Springs City Manager Marc Maxwell warned at both meetings the city could potentially exclude similar business in the future by denying the permit.
“My concern is this: If we don’t allow in a neighborhood where we have a jail, a bail bondsman and the [Northeast Texas Farmers’ Co-Op) feed mill, where else are we going to put it?” Maxwell said. “I don’t want to get in the position where we have a default in disallowing them altogether.”
The conditions match the only permit for a tattoo studio approved by the city in 2002 for Vicki Howard. The studio would have been at Shannon Square. Another permit filed by Donald Verlander was denied in 2010 for a tattoo studio at 115 Industrial Drive west.
“When I first heard this, I thought it was a perfect spot. I can’t think of a spot better suited for it,” Maxwell said. “The complicating factor is there’s apartments nearby, but those apartments are also nearby a jail, a bail bondsman and a feed mill.”
Cote set his hours of operation for Tuesday-Thursday 2-10 p.m., Friday-Saturday 2 p.m.-midnight, closed Sunday and Monday. The PZC expressed worry toward the weekend hours, but Cote said he usually takes his last customer at 10-10:30 p.m.
The hours the commission recommended kept Legacy closed Sundays and allowed operation 10 a.m.-10 p.m. weekdays and 10 a.m.-11:30 p.m. weekends.
Cote currently works at The Highwayman Ink outside the city, but he said the owner is selling the building. PZC member Tommy Harrison asked about the crowd there.
“I’ve tattooed on my pastor, I’ve tattooed on judges, I’ve tattooed on lawyers, I’ve tattooed on professional athletes,” Cote said. “I’ve probably tattooed a good portion of the community.”
Three property owners within 200 feet of the property filed letters regarding the tattoo studio, and two were in opposition while one was in favor.
Hopkins County Judge Robert Newsom wrote, “The proposed site is across from the Hopkins County Jail near our historic downtown area,” and Gary Spraggins, the owner of the building in which Legacy 13 will be housed, wrote, “Your [the city’s] approval on this matter will be the logical and right decision.”
Spraggins said at the PZC meeting Cote had approached him months ago about leasing the suite for a tattoo studio, and Spraggins checked with his current tenants before agreeing to a lease.
“All of them were in favor,” he said before handing out letters of recommendation to the members. “I didn’t want to upset anyone that was already there paying rent.”
ZONING BOARD
At the ZBAA meeting, board member Jay Julian asked about the difference, in terms of granting permits, between cosmetic tattooing and full body tattooing. According to the agenda packet, five cosmetic tattooing permits have been granted since 2015.
“We are possibly using an outdated mode for consideration on tattoos,” Julian said. “I like this, but I don’t like the restrictions in why we’re being hard on set of tattoos.”
Community Development Director Tory Niewiadomski said the two types may have to be separated in the future, and he explained, “This [tattooing] would be the primary focus of this business whereas at the nail salon or the hair salon, that would be an ancillary piece.”
When asked about the PZC’s recommendation with conditions, Cote said he could adjust to them but preferred to have none given as it would force him to stay closed on Sunday.
“I rarely tattoo on Sundays and Mondays,” Cote said. “I would have a closed front anyway, and it would be a client flying in. Two weeks ago, I had a client fly in from Colorado.”
Board member Kevin Mohl asked if the permit was transferrable, and Maxwell said it was not. Maxwell also added the permit is revocable should problems arise, but he did not foresee any problems at Cote’s business.
In regards to the crowd, Chairman Brad Burgin said, “The tattoo industry is not what it used to be, and I believe that stigma is unfairly attached to it. As far as riffraff goes, we have riffraff sitting on our square that’s guarded with cameras and right down the road from the police department.”
Julian motioned to approve the permit, and Burgin seconded the motion.