At the August 14 Planning Commission meeting, Damon Henke represented his application for a Conditional Use Permit for a three-unit Bed & Breakfast at 19 Thomas Dr. Chair Ann Sallee told Henke she had noticed his property was subject to a covenant that allows only residences, not businesses.
City Economic Development Coordinator Glenna Booth replied the city does not enforce covenants. That would be the responsibility of the homeowner’s association. Sallee stated the covenant has been effective for 25 years, but Henke answered there were other home businesses nearby. Booth added that Police Chief Thomas Achord had told her, “It’s not us. We have our own laws to enforce.” She maintained commissioners must base these kinds of decisions solely on City Code.
Commissioner Abbey Abbey pointed out a person who buys property must agree to the covenants, and this covenant intended for the area to be single-family homes only. Commissioner Tom Buford said the covenant might be valid, but a majority of residents affected by it could amend it.
Sentiment began to surface that the commission needed advice from either City Attorney Tim Weaver or a Municipal League attorney. Abbey still insisted the covenant represented a prior agreement and should be regarded, but commissioner Susan Harman said she did not feel comfortable denying the application without more information. She wanted to hear an attorney’s opinion, and vote was unanimous to defer the discussion until they got an attorney’s opinion on the role of Planning relative to covenants.
Reforming forms
Commissioners reviewed the form for applying for a Conditional Use Permit, and Abbey stated there were items missing and other items duplicated which could be deleted. She said nowhere on the form is there a place for the applicant to state he or she understood the requirements of Code.
Booth stated changes to the form would mean changing City Code, but there could be some tweaks. Her intent had been to make the application easy for the applicant.
Abbey had further suggestions for improving the form including creating a separate form for every CUP category. Harman acknowledged creating all those forms would be the hardest part, “but whatever we do, make it easier going forward so we never have to do it again.”
The group suggested Abbey develop a draft CUP application for review at the next meeting.
“Show cause” letters clarify compliance
Sallee said she wanted to send “Show Cause” letters to all B&B owners in the residential zones alerting them that those not in compliance with requirements of their CUP would have 30 days to comply or appear before the commission to explain. She added that she intended to do everything possible to avoid such hearings.
Booth said permit holders should go to the Building Inspector to explain their case or ask questions, but they often come to her office, to which Harman pointed out Booth handles these as a courtesy but it was not her job.
Commissioners wandered toward a debate about a procedure for what to do after the letters went out, but Sallee pointed out there might be only one or two people who have trouble complying. Nevertheless, going through reviewing compliance was important because it’s fair to those who do comply.
Harman insisted the letter must make it clear what constitutes compliance. Sallee said she would draft a letter and make sure commissioners have input, but wanted to send it before the next meeting.
Mapping should be more complete
Abbey told commissioners she had tried to find a map on which she could plot locations of B&Bs as a visual guide for when they are discussing the 200-ft. rule, for example. However, she had not been able to find a map to suit her needs. She claimed the Eureka Springs zoning map did not even have street names on it.
Booth explained the zoning map does indeed have street maps if one zooms in enough, and provided Abbey with an example. Booth explained the map was formatted to be very flexible.
There were comments agreeing a visual aid showing where CUPs are clustered might be useful.
Final items
- There will be a workshop on discontinuing all CUPs in the R-1 zone at 5 p.m. before the August 28 regular meeting. The public is encouraged to attend.
- There are two vacant seats on the commission. Those interested should apply at city hall.
Next meeting will be Tuesday, August 28, at 6 p.m.