Nicky Boyette – At Monday evening’s Eureka Springs city council meeting, Kathy Martone and Gary Toub got a thumbs-up on their application for a Conditional Use Permit for a one-unit Bed & Breakfast at 23 Elk. Planning denied the application on April 12 after organized opponents spoke out against it, so Martone and Toub appealed to council, which sent the application back to Planning for reconsideration. Planning reconsidered, but did not change the outcome, which was to deny the application.
Martone and Toub then appealed to council one more time. Two citizens spoke out against the application again citing the 200-ft. rule and the fact Planning had denied the application twice. One neighbor, previously an opponent, spoke in favor of it this time because he said he had been duped before the first meeting. Since then he said he has met Martone and Toub and appreciates the work they have done to improve the neighborhood.
Chair Steve Beacham of Planning said the application was originally denied because of strong opposition expressed at the April 12 meeting. He noted some opponents recanted their opposition, but still more than 20 percent of those living within 200 feet opposed the CUP.
Beacham repeated that City Code stipulates there cannot be a CUP granted if a “same or similar” CUP exists within 200 feet. There is a tourist lodging next door to 23 Elk. “Lodging is lodging,” Beacham stated, and said he was only following City Code.
Alderman David Mitchell observed that the application of the “similar” rule seemed to be arbitrary, and he had difficulty understanding when “similar” was turned on or off. Beacham acknowledged there is confusion and vagueness in City Code.
Alderman Mickey Schneider encouraged Planning to work on clearing up Code, but insisted a tourist lodging and a B&B are not similar except that people sleep there. She maintained Martone and Toub did what city hall asked them to do, and what has unfolded has been unfair to them. She wanted the issue settled at that meeting.
Alderman Terry McClung said he sat through many meetings as a Planning commissioner, and remembered that “similar” meant “similar.” He said he noticed there seems to be a shift in logic regarding what “similar” means, but until there is a change in Code, he could not vote to approve the application.
Alderman Bob Thomas pointed out to Beacham it was unfair that Beacham’s stance had changed mid-stream on Martone and Toub regarding the 200-foot rule.
Beacham replied, “I look at the words as they are.” He told Thomas if council wanted to change the law, it would be fine with him.
Mitchell went back to “similar” being applied differently as he saw it, but the matter at hand was considering a good application for a B&B with plenty of parking. He said what had happened so far was “a huge disaster and very unfair.” Schneider called it discrimination and moved to approve the application.
Toub contended their application was in good order. He and Martone had followed all the rules. They were told they needed no variance and there were no B&Bs within 200 feet. He said most of the original opponents recanted opposition, and he and his wife were being held to a different standard.
Martone said they were told they did not need a variance, so they did not ask for one. Another B&B on Armstrong was granted a variance. She saw decisions being “arbitrary and capricious.” It seemed to her the rules were for protecting neighborhoods, but no one was protecting applicants.
Nevertheless, vote on the CUP for a one-unit B&B at 23 Elk was 5-0 in favor.
Food truck committee gets workshop
Mayor Butch Berry presented the recommendation from the Food Truck Committee and commented the next step would be to prepare an ordinance based on their recommendations. Alderman James DeVito, however, commented the next step should be a council workshop because what they had received was a list of recommendations by a committee, and council had not had input yet. Berry suggested making the event a public hearing as well, and DeVito moved to convene the workshop. Vote on his motion was 3-2, aldermen Bob Thomas and David Mitchell voting No, so Berry voted Yes to approve setting up a workshop on the committee recommendations regarding food trucks.
Wrapping it up
- Berry introduced Nick Samac, a veteran firefighter and paramedic, who has been appointed Interim Fire Chief.
- The mayor mentioned four new members of the Cemetery Commission had been trained by long-time commissioner Mary Ann Pownall who afterward turned in her resignation.
- Berry also reported the Auditorium Committee had recommended there needed to be a dedicated revenue stream to maintain operation and maintenance of the auditorium. A portion of the proposed two percent tax on retail would suffice. The committee also recommended reestablishing an Auditorium Commission to manage the funds dedicated to the Auditorium.
- Berry stated the spending freeze has been working, and “that is the good news.” Revenues are still a bit under expectations, so council will need to reconsider city finances at next month’s mid-year budget review.
Next meeting will be Monday, June 27, at 6 p.m. There will be a budget workshop beginning at 5:30 before the meeting.