B&B potpourri draws a crowd at Planning

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Ten citizens attended the August 9 Planning Commission meeting to hear discussion regarding suggested updates to City Code related to Bed & Breakfasts, and two offered their own ideas for commissioners to consider.

Bob Jasinski, co-owner of the Angel at Rose Hall B&B, stated Eureka Springs was a trailblazer 16 years ago when it banned tourist lodgings from residential zones. He said the ordinance had been crafted by lawyers but since has been amended by people “who did not know what they were doing.” Jasinski urged the city to remove all the amendments and go back to the original ordinance. He suggested the city look at the ordinance from Ashville, N.C., as a guide because he claimed their ordinance works well. He also cited legal precedence that would allow Eureka Springs to get rid of “grandfathered baloney.”

Doug Bretiling, co-owner of Arsenic and Old Lace B&B, told commissioners he was past president of the Arkansas Bed & Breakfast Association and is still affiliated with it and other trade associations. He commented one of his credos in life was, “If you want it bad, you’ll get it bad, so what’s the hurry?” He saw the present situation as an opportunity to get the local law right, and urged Mayor Butch Berry to set up a task force – possibly a mix of B&B representatives, aldermen, Planning commissioners and citizens at large – to develop a proposal for Planning to consider. The task force could develop definitions and guidelines Planning is working on. Breitling noted there are examples already written which would help clarify. He said allowing stakeholders to have a say would produce an outcome Eureka Springs will be proud of.

Chair Pat Lujan stated the commission had planned to bring its homework on B&B definitions to a workshop preceding its August 23 meeting, so larger discussion of the topic would take place then.

Commissioner Susan Harman, however, had compiled in one document references in City Code to all things related to B&Bs, and offered the following proposed definition of a B&B based on their discussions so far:

“A dwelling or area containing one (1) or more structures in which rooms are rented to guests with a full breakfast served daily, and the entire service, food and lodging are to be included in one (1) stated price. The owner or manager of the bed and breakfast must reside on site and continue to reside on site as his/her/their principal residence.   Further, the number of units shall not exceed five (5) and no guest shall stay for a period of time in excess of thirty (30) consecutive days. For the purpose of this section, “on site” shall be defined as adjoining (i.e., sharing a boundary) and shall not include properties separated by a city street, roadway, green space or alley.”

Commissioner James Morris saw a possible loophole in the section describing “on site” which he urged the commission to consider, and other commissioners agreed.

Harman mentioned she had received a flurry of phone calls because of suggestions Lujan had made at the July 26 meeting about annual re-certifications and inspections of B&Bs. Lujan replied he had seen other cities include these in their ordinances and was simply putting them on the table.

He reiterated this is a work in progress and encouraged anyone to attend workshops and meetings, wanting to hear comments from the source and not through the rumor mill. He commented regulations that work for other cities might not work for Eureka Springs.

Special guest at September meeting

Lujan announced there would be a workshop featuring Municipal League planning and zoning consultant Jim VonTungeln at 5 p.m., before the Sept. 13 meeting, and the public is welcome to attend.

Next meeting will be Tuesday, August 23, at 6 p.m. There will be a workshop beginning at 4:30 to continue the discussion of B&Bs.