The Board of Zoning Adjustment voted on June 13 to defer action on a contested renovation project. In May, BOZA had heard objections from the owners of an apartment building which had been partially destroyed by fire. Bill King said city codes call for establishing a board to hear an appeal on a Stop Work Order.
Building Inspector Jacob Coburn had issued the SWO on the basis of insufficient documentation and non-permitted work. BOZA unanimously upheld the SWO in May, although Chair Susan Harman did acknowledge the section of city code calling for a special board. At the time, she said the Municipal League had advised her to proceed in the absence of such a board. City council established the board at the June 12 meeting, and commissioners voted to let that board take responsibility.
Convening as the Planning Commission, members of the commission considered businesses operating improperly. Some Conditional Use Permits have apparently been violated, and some legal non-conforming businesses also appear to operate outside their restrictions. The list includes eight licensed bed & breakfast operations which do not advertise breakfast. Several indicated guests could stay longer than 28 days. Another advertises itself as a hotel, and another is available as a full-house rental. B&Bs must have a manager on site and must advertise that breakfast is included.
Under some past commissions, these situations would have provoked a show-cause letter, demanding an appearance before the commission. Commissioner Ann Tandy-Sallee suggested first sending a letter of inquiry to each property allegedly in violation. The others agreed, setting a 30-day limit for responses.
In other business:
- A long-awaited revision of the city’s tree ordinance will be sent to city council for enactment. Commissioner Tom Buford said his work on this revision was sidetracked during the Covid years, but the new ordinance was almost complete at this time.
During discussion of some aspects of this ordinance, commissioners spoke of the need for more funding sources for arboreal issues. Some consideration was given to raising the application fee for tree cutting, but the current $40 fee was retained.
Another area of concern dealt with trees threatening a neighboring property. In such cases, a letter to the property owner will provide 60 days for correction, after which time the city can hire a contractor or fix the problem with city workers. The cost would be attached to the property as a lien.
- The commission continued to focus on revising the various applications issued, including Conditional Use Permits. City Historic Preservation Officer Kyle Palmer said the current form for a CUP is geared toward tourist lodging and B&Bs. He will draft a more inclusive form.
City council has approved a new website, which will allow for online applications. Digital applications have completely replaced paper applications in some cities.
Another important consideration for application forms would be including space for signatures of officials including police, public works, and the building inspector. Those signatures would tell commissioners considering an application that it already had the necessary official approvals.
- An ordinance has created a permitted parking area on Spring Street, and eligible properties and their number of permits will be listed. Applications can be mailed after the list is compiled.
- Commissioners voted in January for a six-month moratorium on new B&B units in residential areas. That moratorium will expire in mid-August, and Harman asked the others to think about extending or eliminating it. She noted that the commission had cited questions in several areas as a reason for the moratorium, including the definition of a lodging unit. Harman also mentioned regulations about advertising that breakfast is included.
- A workshop preceded this meeting to give commissioners room to discuss a ratio of floor area to the size of a lot, possibly allowing smaller homes to be built on small lots. Another workshop on this subject will precede the Aug. 8 meeting.
- The agenda for the July 11 meeting will include a report on the progress of notification letters. The moratorium on B&Bs will come back for discussion, along with continued discussion on the procedure to revoke a property’s legal non-conforming status. Palmer expects to have revised application forms for the commissioners to consider.