The Planning Commission devoted more than a half-hour of its Feb. 14 meeting to an application for a bed and breakfast at 105 Breezy Point Rd.
Anthony Freeman said he has owned and lived in the house for many years. He has recently purchased the property next door, at 109 Breezy Point. In his application, Freeman asked to convert 105 Breezy Point into a B&B with his own living quarters and two B&B units. The house at 109 Breezy Point will have three bedrooms, but it will be only rented to one party.
Commissioners had some immediate questions. They asked if other B&Bs are operating within 200 feet, and one commissioner described the plan as converting two residential homes to businesses. Freeman responded by noting that he will still live in the house he has long occupied.
In response to questions, he explained that guests at 105 would have a communal area for breakfast. Guests at 109 would have the option of coming to that dining area or having a catered breakfast delivered to their own lodging area. Commission Chair Susan Harman noted that city codes allow for either a central dining room or delivery to a room.
Freeman said he would have plenty of off-street parking, some in garages.
Commissioner Ann Tandy-Sallee offered a motion for approval, with the condition that guests would always be welcomed in person, and not with electronic entry. She also demanded that Freeman himself live on site, instead of having a resident manager. Freeman said he had every intention of remaining in the house himself, but said eliminating electronic entry could present a hardship.
KJ Zumwalt offered a public comment calling the additional conditions “illegal.” She noted that electronic entries are common with B&Bs. “No law on the books allows you to mandate that they greet guests at the door,” she said.
Tandy-Sallee’s motion failed by a 5-2 vote, and another motion called for approving the plan without the additional conditions. That vote passed 4-3.
Commissioners had an easier time approving transferring a Conditional-Use Permit for a B&B to Coltan Scrivner at 7 Armstrong St. Scrivner also asked to increase from three units to four. The property has a third-floor apartment for the owner, three additional bedrooms in the house, and a separate cottage. Before the discussion began, three letters were read in favor of the application, and no one opposed it during public comments. The application was approved with one vote against.
Multiple variances requested
Tom and Debbie Reay asked to build two small houses at 8 Angus St. They would live in one of the houses and offer the other as a long-term rental. Their proposal would require variances for lot size, setbacks, and building density.
The discussion began with letters from residents in the immediate area. City Historic Preservation Office Kyle Palmer said 12 letters were sent out to advise neighbors of the proposal, and six replies came back. Those replies were evenly divided between approval and opposition, although one letter noted that an approval would likely lead to a similar application at 10 Angus, which the Reays also own.
In response to a question, Palmer described the plan as “feasible,” but he had concerns about fire safety and applicable city building codes.
Tom Reay said the buildings would “match the aesthetics of the street.” With the commissioners expressing a variety of reasons to reject the plan, Reay asked if a duplex would be easier to approve. That would eliminate problems with setbacks. It would also address a preliminary finding that the houses were too close to each other for fire safety standards.
The commission deferred a decision, to give the Reays an opportunity to check further with the fire marshal and the building official. If the Reays substantially change their proposal, they will have to go through the process of sending certified letters to neighbors again.
In other business:
- During public comments, Melinda Large discussed the implications of SB 197, which is currently under consideration in the Arkansas legislature. If the bill becomes law, the city would no longer be able to impose restrictions on people wanting to offer their property for short-term rentals. “This will not protect permanent residents,” she said, warning that this law would turn residential neighborhoods into “a motel environment.” Commissioner Fergie Stewart said the bill has been sent to committee and may be stuck there indefinitely. Mayor Butch Berry has contacted the Municipal League, he said.
- The information packet for this meeting was unusually large, and that led to a discussion about application deadlines. The commission decided that applications would need to be completed two weeks before a meeting to qualify for consideration at that meeting.
- With the lengthy public hearings, several agenda items regarding commission procedures were postponed until the March 14 meeting.