Much of the Aug. 13 meeting of the Planning Commission dealt with a project at 6 Jordan Dr., where owner Patsy Beaver asked for a setback variance for an outbuilding measuring 14×60 ft.
Beaver had begun work on the project, with posts already set in concrete.
The meeting began with a public hearing, and neighbor Kristi Kendrick said, “Every property owner on Jordan has opposed this in writing.” She questioned the intended use of the shed, which will have open sides, and said city codes require storage buildings to be enclosed. Kendrick said any hardship to Beaver would be self-inflicted because work began without the requisite approvals and other possible sites were available on the property.
Beaver said she had received a building permit from former Building Inspector Jacob Coburn. She said Coburn told her she could build within 10 feet from the center of the road in a C-2 zone. “I started in good faith,” she said. She later discovered the need to go through Planning.
Beaver explained that most of the shed would house cars and trailers, although part of it would be enclosed for storage. Her maintenance man, Joshua Guillen, said he was present when Coburn visited the site, and they moved even further from the road than Coburn required.
Kyle Palmer, the city’s director of Planning and Community Development, read several letters in opposition. Kendrick had submitted a long and carefully annotated letter, in which she noted that Jordan is primarily residential, despite the C-2 zoning. She said vehicles parked in the shed would have to back out blind onto the street. She also referred to it as potentially “a dump covered by a roof.” Several other residents sent letters endorsing Kendrick’s letter.
Commissioners convened as the Board of Zoning Adjustment to consider a variance. Commissioner Michael Welch asked if Coburn could issue a building permit without Planning’s approval, and Palmer said no. Welch also asked for clarification about the commission’s policy of denying a project if 20 percent of nearby residents opposed it, and Palmer said commissioners could take that into consideration.
All opposed granting the variance, and Beaver was told she could appeal to city council.
Re-convening as Planning, commissioners took up the application for the shed’s construction. Commissioner Ann Tandy-Sallee said the application did not include enough information about the eventual appearance of the shed and suggested postponing a vote pending more information. Beaver said she had submitted a drawing showing the building’s appearance.
Rather than rejecting the application, commissioners tabled it to give Beaver a chance to submit an alternate plan. She will have to move part of the building to comply with setback requirements. Welch mentioned the city’s requirement for new construction in commercial zones to include sidewalks. That requirement may be waived if Beaver moves the shed further back from the road.
In other business:
- The commission discussed an ordinance that revoked the Spring Street residential parking district. Welch asked about recovering the hang tags issued to some bed-and-breakfast owners. Palmer will check the legal issues before asking for the return of the hang tags, which were designed strictly for guests. The permits issued to residents were non-removable bumper stickers, and they cannot be returned.
- During a discussion on a revised ordinance to regulate B&Bs, Welch suggested adding language to require having meals prepared and served on-site, not just provided. He said the existing language would allow an Airbnb owner to leave a toaster and a box of Pop-Tarts and still qualify as a B&B. Tandy-Sallee said breakfasts could be hot or cold, or even croissants and coffee. Commissioner Tom Buford voted against the change, and with a bare quorum of four commissioners, the measure lacked the required four votes needed for passage. Buford explained that a B&B owner might have a bakery delivery every morning or some other off-site preparation.
- Palmer said the city of Harrison had revoked an ordinance restricting crypto-mining facilities, and instead adopted language regulating noise emissions. Palmer said the new ordinance simply addresses the impact, and avoids any potential legal problems with the definition of a crypto-mining business. Eureka Springs could use similar restrictions to deal with a future attempt to open such a facility here. Palmer said the city’s existing height restrictions would provide protection against wind turbines.
Eureka Springs may develop a plan for the area around the city. An Area Development Plan will allow a city this size to regulate the area up to a mile outside city limits. Jim Von Tungeln of the Municipal League is willing to attend a workshop on this subject.
- Commissioners have held previous discussions about legal non-conforming properties, which are allowed to operate as businesses without a Conditional-Use Permit because of their grandfathered status. That LNC status can be revoked if taxes are not paid to the City Advertising and Promotion Commission for 180 days. The LNC status can also be forfeited if a business does not operate for more than 180 days. The commissioners looked over a list of five properties suspected to be in violation of one or more requirements. They voted to send a show-cause letter to those properties, requiring an appearance at an upcoming meeting.
- During commissioner comments, Welch voiced his opposition to the petition to dismantle the CAPC. Commissioner Fergie Stewart agreed with the importance of the CAPC, although he said he could never serve on that commission. He joked that he would not serve on the Cemetery Commission either, “because I’ll be there soon enough.”