B&B unit definition enforced by Planning

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The Planning Commission had been scheduled to meet Feb. 11, but that meeting was postponed until Feb. 25 because of weather.

Much of last week’s meeting focused on a property at 8 Washington St., owned by Jonas and Jamie Funston. The evening began with a public hearing, and a long discussion followed. The Funstons fell one vote short of the four votes they needed for approval of their request to reclassify the number of units at their bed-and-breakfast.

A recent ordinance clarified the definition of “unit” as it pertains to B&Bs, and a unit now refers to a bedroom for two people. The Funstons had treated several bedrooms as a unit, and they asked for a revised Conditional Use Permit to allow them to continue offering the same number of rooms.

A B&B must have two parking spaces for the owner or on-site manager, and another parking place for each unit. The Funstons noted that a nearby building with four rental units has no off-street parking, but that property had been in place prior to parking requirements.

The Funstons pointed out that they had taken steps to offer their guests a quality experience, and commissioners agreed that the property looked good. The vote was close, but the Funstons could not muster enough votes to increase the number of units in their CUP. Commissioners Michael Welch, Fergie Stewart, and David Buttecali voted in favor of a new CUP, but Ann Tandy-Sallee and Tom Buford voted against it. Commissioner Susan Harman recused, noting that she lives within the notification boundary of the property.

Lot sizes

As the city has grown, few lots remain that meet the minimum size for construction. Commissioners recently granted variances to allow construction on smaller lots, and last week they considered officially lowering the standards so lot owners could proceed without requiring a variance.

The current minimum of 4,000 square feet could be reduced to 3,200 square feet. Building Inspector/Code Enforcement Officer Paul Sutherland suggested reducing side setback requirements, currently at 10 feet. He also asked about letting residents park on the city right-of-way, to preserve more of the lot for building. 

The topic will come back on a future agenda, and some commissioners mentioned issues they would like to discuss. For example, allowing smaller lot sizes might allow for subdividing larger lots. Harman verified that such efforts would have to come before the commission for approval.

Buttecali said, “If this is stunting growth, we need to discuss it more.” He added that parking will remain a big concern. “The last thing we need is more density with less parking,” he said.

Some other issues will also need more discussion, including safety standards for smaller houses, and the use of modular units.

Sign regulations

The commission had covered a variety of issues when they considered a sign near the intersection of U.S. Hwy. 62 and Arkansas Hwy. 23S. Last week, they returned to that topic.

That sign, advertising an off-premises attraction, had been in place before the city restricted such advertising. It was rebuilt, but it was also moved during that process. Sutherland had issued a stop-work order for the sign, but the commission overturned that order and accepted the sign.

Because of location of the sign, it also fell under the regulations of the Arkansas Dept. of Transportation. Both the city and ARDOT require a new permit to rebuild a sign. Sutherland said repairing or replacing a sign without changing the supporting posts should not require new permits. 

Harman said that commissioners had considered a workshop on this subject last year. Sutherland said a workshop should consider maintenance of existing signs, which he called “a significantly bigger issue than replacing old signs with new ones.”

In other business:

  • Sutherland asked for clarification on the city’s regulations for fences. He had been approached by someone wanting to build a six-foot tall privacy fence in front of his house. The Historic District Commission has a four-foot limit for fences in front of houses. The topic will be added to a future agenda for more discussion. Sutherland asked specifically about chain-link fences.
  • Sitting as the Board of Zoning Adjustment, commissioners approved tree cuts at 21 Fairmount St., where they had previously approved side setback variances. Sutherland had written a letter in support of the request, and explained that the trees would interfere with construction, and some of them were “not good trees.”
  • Cassie Dishman, director of Planning and Community Development, previewed the meeting schedule for the rest of the year. She said the November meeting would fall on Veterans’ Day, and postponing the meeting two weeks would place it just before Thanksgiving. She said she would check to see what other dates might be available. Except for November, the commission will continue to meet on the second Tuesday of each month.
  • Tandy-Sallee said she and Dishman are continuing to review tourist lodging in residential zones. She said few complaints have been received regarding tourist lodging, but she plans to check for Certificates of Occupancy, along with the required fire extinguishers and smoke detectors. Payments to the City Advertising and Promotion Commission will also be verified.
  • A workshop on area development was held before this meeting. Another workshop on this is scheduled before the March 11 meeting, with discussion to follow during the regular meeting.
  • The agenda for the March 11 meeting will include more discussion on lot sizes. Discussion on fences and signs will also continue.
  • A proposed bill in the Arkansas House of Representatives would remove city restrictions on short-term rentals, and that would have profound implications for Eureka Springs.

 

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