Nicky Boyette – Planning Chair Steve Beacham told commissioners last Tuesday that city council chose not to make a decision on the appeal of Planning’s denial of a CUP for a one-unit B&B at 23 Elk at its April 12 meeting, but instead sent the application back to Planning because there was new information. He stated the procedure Planning must follow requires applicants Gary Toub and Kathy Martone to present additional data supporting their application, and 75 percent of the commission must vote to reconsider the CUP request again at a subsequent meeting.
Since there are seven commissioners, 75 percent is 5.25, so six commissioners would have to vote for reconsideration.
During Public Comments, alderman Mickey Schneider commented, “What happened to 23 Elk was sinful.” She said it is a personal irritation “when one person spreads innuendoes and lies to get their way,” and there was no reason to pit neighbor against neighbor.
Alderman David Mitchell said he also had concerns about the decision regarding 23 Elk, and encouraged Planning to consider a gamut of issues related to B&Bs including the 200-ft. rule, the phrase in City Code “same or similar,” and the impact of Airbnb and other rental strategies.
Chris Fischer reiterated concerns about the need for greater clarity in Code. He said there are “so many layers and questions” the public gets frustrated trying to understand the legalities. He contended lodging is one of the backbones of the community and has been for a long time, so “we should know how to do it by now.” He urged Planning to watch out for the best interests of the city.
Martone said she and her husband had studied all pertinent materials and conversed with city officials. “We were diligent in our efforts to fulfill all the requirements and felt we had satisfactorily done so,” however, she said she was unprepared that “people far outside our neighborhood would be allowed to bully and harass our neighbors, as well as spread rumors and lies about us. A group of up to four women organized a smear campaign against us.” Martone commented she and her husband would have met with neighbors to reassure them of the facts of the situation if they had only known.
Toub said they have since tried to talk to those who previously opposed their application, “but some have already been poisoned.” However, he said after meeting with nearby neighbors, most recanted their opposition and were willing to let him list their names as being supporters. He read those names into the record, and said only one person on the street still opposed the CUP.
Beacham explained the required process to Toub and Martone and encouraged them to prepare their defense and submit it to the commission prior to the May 24 meeting.