The Planning Commission voted last week to recommend another six-month moratorium on new or expanded bed and breakfast operations in residential zones.
A moratorium currently in place will expire Aug. 15. Extending the moratorium will give commission more time to review current permits for compliance with city requirements. Some businesses have applied for a permit as a B&B, but they operate as tourist lodging, without an on-site manager or breakfast service.
Commissioners also considered capping the total number of B&Bs. Commissioner Fergie Stewart noted that a study showed as much as 30 percent of the lodging in Eureka Springs is devoted to tourist lodging.
A unanimous vote recommended asking city council to extend the moratorium for another six months.
Sitting as the Board of Zoning Adjustment, commissioners narrowly upheld a ruling by Building Official Jacob Coburn. A property at 12 Washington St. had been allowed to build a deck without regard for setbacks, and a neighbor filed an appeal.
Henry Branstetter co-owns a property at 8 Washington with Tom McCoy. Branstetter explained the history of his complaint, noting that he had informed Coburn when the postholes were dug that the project did not meet setback requirements of 10 feet from the property line and 20 feet from Dickey Street, at the back of the property. Now the deck is almost complete, and it comes within three feet of Dickey and of the property line with 8 Washington. Branstetter said he was told he could take the matter to civil court, but he said his complaint lies with the city, not the other property owner. He thought the city should have prevented this infringement.
When Coburn was asked to respond, he said that other houses in the neighborhood are not in compliance with setback standards, and he allowed the project to align with other structures in the neighborhood. A 4-2 vote affirmed Coburn’s decision that the neighborhood already had a de facto variance in place.
In other business:
- An application to remove six deteriorated structures at 302 Village Circle was approved.
- Mayor Butch Berry has asked the commission to look into a new sign ordinance, and commissioners all agreed to ask Berry to attend a meeting to explain his concerns.
- The agenda for Aug. 8 will include a follow-up on the B&B moratorium, and discussion on parking issues will continue. Commissioners have more work to do on procedures to revoke a property’s legal non-conforming status. Coburn will be asked to attend to discuss allowing smaller houses on lots smaller than city minimum standards. City council has received a draft of a new tree ordinance, and aldermen asked to set up a joint workshop with Planning and city council.
- In commissioner comments, Stewart expressed concern for the empty storefronts downtown.
Commissioner Tom Buford mentioned the medical marijuana dispensary in town and said the industry will have a billion dollars in sales in Arkansas this year.