Planning Commissioners worked patiently through an extensive agenda on Nov. 12, beginning with a public hearing, with commissioners sitting as the Board of Zoning Adjustment.
At the October commission meeting, Bruce and Lynne Wright had submitted an application to build a single-family residence on a small lot at 21 Fairmount St. The commission tabled that request and returned to that application to start off this meeting.
The Wrights asked to build a house 24 feet wide on a 40-foot-wide lot, and that would require reducing the side setbacks from 10 to eight feet. During public comments on this issue, neighbors raised questions about parking on the narrow street. The area has also been subject to water and sewer issues.
Other houses on the street have substandard setbacks and inadequate parking. Chair Susan Harman pointed out that the proposed house would sit further back from the street than some of its neighbors. The side setback variances were unanimously approved, and commissioners also approved variances for lot size and parking requirements. The lot only measures 3,200 square feet, but commissioner Tom Buford said the owners had done everything possible to fit a house onto the small lot. “We’re running out of places to build houses,” he said.
Sign stopped
Attorney Matt Bishop appeared on behalf of Growth Link LLC. Bishop said his client had received a Stop-Work Order regarding a sign at the intersection of U.S. Hwy. 62 and Arkansas Hwy. 23.
Building Inspector Paul Sutherland had issued the SWO because the sign was moved from its previous location. He also noted the city’s restrictions on off-premise signs.
The Historic District Commission had issued a certificate of approval to replace the sign, which had deteriorated badly. Bishop said previous Building Inspector Jacob Coburn had given oral approval to move the sign’s location. Sutherland said that Coburn should have issued a written approval.
Although the sign advertises an off-premises attraction, it has been in place for more than 25 years. commissioners voted to repeal the SWO and allow the sign to remain.
Hospital tree cut
Commissioners looked at a request from the Eureka Springs Hospital to remove 11 trees. The application noted specific trees which impede the line of sight for helicopter pilots, who might have their view of the beacon or the windsock obscured, depending on direction of their approach.
Commissioner Tom Buford typically draws a hard line on tree cuts, and he immediately objected to the non-approved cutting of several trees, which had been pushed into a pile. Buford said codes call for removal of cut trees. He also complained that the applicants had not flagged the trees in question, as required by the application process.
Buford also noted that the hospital had not received a notice from the Federal Aviation Administration, indicating that the problem had not reached that level of severity. Commissioner Ann Tandy-Sallee replied, “My concern is for the pilots.” Commissioner Fergie Stewart agreed, noting that public safety is one of the criteria for removing a tree.
Buford said the trees had been in place a long time without apparent problems. He cast the only vote against the application. As a condition of the approval, the hospital will have to promptly remove any debris from the tree cuts.
Permit pulled
A Show-Cause Order at 5 Ridgeway Ave. had been postponed from September, and owner Draxie Rogers sent a letter saying she would be out of town and unable to attend this meeting. The commissioners considered another postponement but noted that Rogers had not met any of the conditions set by the commission. Rogers had been closed for several years, and commissioners called for a new Certificate of Occupancy before re-opening.
Tandy-Sallee said when Rogers appeared in September, she pledged to obtain the CO and open for business by the end of October. Commissioner Mike Welch noted that Rogers would have the right to appeal if the commission revoked her status as a legal non-conforming business. A unanimous vote removed her grandfathered status.
In other business
* A show-cause hearing for a bed-and-breakfast at 6 Douglas St. was postponed because a registered letter was not received by the owners. The Mary Margaret Inn does not advertise as a B&B, and is listed on Airbnb for stays longer than 28 days.
* Coltan Scrivner responded to a show-cause order at 7 Armstrong St. The Peabody House had advertised as a boutique inn, while city regulations require B&Bs to list as such, and to advertise breakfast. Scrivner said the business has served packaged breakfasts, and he is now moving to hot breakfasts. He also promised to remove the provision regarding longer-term rentals, which he said he does not use anyway. His Conditional-Use Permit was upheld unanimously.
* Another show-cause hearing, at 19 Thomas Dr., was postponed since a return receipt has not come back from a registered letter sent to the address.
* A CUP will be extended for Anthony Freeman, owner of a B&B at 105 and 109 Breezy Point Circle. The property had not been listed properly as a B&B. Freeman said he did not know about the advertising requirements, and he shared pictures showing he presented packaged breakfast foods to patrons.
* A CUP had been issued for 8 Washington St. for two units and an on-site manager. A previous attempt to remove the CUP had been appealed successfully to city council, and the commission will pursue another challenge to the CUP based on inadequate off-street parking for additional units operated at the site.
* At 18 E. Mountain Dr., Ashley Smith received approval to cut a pine tree leaning toward the street.
* Alicia Shows, at 16 Dogwood Ridge, said falling branches and other debris from trees on her property caused hazardous situations during inclement weather. She said trees close to the house drop branches on the house. Some trees have caused foundation problems, and the roots of another tree threaten the gas meter. Shows pledged to replant with “more appropriate” trees.
Buford said some of the trees listed in the application should not be removed. Welch reminded everyone of Eureka’s status as a Tree City, and said, “We can’t allow people to clear-cut their property.” The commissioners approved removing four trees.
* The commission approved an application to construct five cabins and a deck for weddings at 150 Passion Play Rd.
* The commissioners granted belated approval for a deck at 3094 E. Van Buren, which had already been built. The approved application also calls for a new fence.
* Tandy-Sallee said city council had just approved the second reading of a new bed-and-breakfast ordinance. The council is expected to pass the third reading of the ordinance before the next Planning Commission meeting.
* The commission had received authorization from city council to pursue area development planning. The city can indicate potential future growth up to a mile outside of city limits and provide limited services in those areas. The process will require detailed maps showing existing boundaries. The commissioners will hold a workshop on this topic in the coming year.
* Buford suggested a single tree-cut application, to avoid conflicts between the commission and the building inspector. He also reiterated the importance of flagging trees listed on a tree-cut application.
* With Welch moving to city council, the commission will have two vacancies. This was the first meeting for new Commissioner David Buttecali.