Alderman David Mitchell told city council Monday he had become aware of a situation in the R-2 zone that has been impacted by the six-month moratorium on issuing Conditional Use Permits in residential zones. The moratorium ends at the end of June.
City Clerk/Treasurer Ann Armstrong told council about a person residing in the R-2 zone who had babysat up to four individuals for many years. Arkansas law considers it babysitting if a person cares for no more than five pre-teen children from other families. More than five is considered day care, and Eureka Springs Code requires a CUP for a day care in the R-2 zone.
Armstrong said the babysitting situation has become more complicated, and the babysitter wants a CUP to be in compliance with city and state laws.
Alderman Terry McClung insisted it was a business operating in the R-2 zone without a license. “They broke the law,” he said. He sympathized with the need to support a family, but said he takes offense when someone skirts the law.
Alderman Mickey Schneider disagreed the babysitter was a lawbreaker, although she acknowledged there might be occasional emergency babysitting pickups that pushed the number past a legal limit.
Mitchell presented this because it had been brought to him, and a solution he offered would be to take the R-2 zone out of the moratorium so the babysitter could apply for a CUP for day care.
City Attorney Tim Weaver warned that pulling R-2 out of the moratorium for only one family or business would put the city in a precarious legal predicament, and council better have a good reason to do so.
Alderman Bob Thomas said the moratorium would be over at the end of June, and the babysitter could apply for a CUP then. Schneider again protested that a babysitter does not need a CUP, and what was happening was “highly wrong.”
Kendrick said she opposed lifting the moratorium to give Planning a chance to update language in Code, while McClung contended the situation sends the signal a person can get away with anything.
Council took no action.