Three applications for Conditional Use Permits were considered and denied at the Sept. 11 Planning Commission meeting.
At the August 28 meeting, Damon Henke had represented his application for three-units of Bed & Breakfast lodging at 19 Thomas Circle. Commissioners pointed out Henke’s property was subject to covenants for his neighborhood, one of which prohibited commercial enterprises. Henke responded there were other home occupations on the street, and a Homeowners’ Association would enforce the covenants, not the city.
City Economic Development Coordinator Glenna Booth agreed with Henke, but just for clarity, commissioners asked Booth to get a legal opinion. She reported she had spoken with two Municipal League attorneys who unequivocally stated covenants are private contracts and the city cannot enforce them.
Commissioner Abbey Abbey methodically read through the points commissioners use when considering an application for a CUP, such as the existing land use pattern. She took issue with a commercial venture being opened in this residential area even though there was commercial activity nearby. She speculated traffic on the narrow residential street might increase. She also questioned whether a B&B was in harmony with the neighborhood.
Commissioner Tom Buford said he understood they are not to consider covenants in making their decision, but getting a CUP is not a right, and an applicant must make a convincing case for getting one.
Henke told commissioners renting a place to someone is not a commercial use according to a legal opinion, and added there could be an Airbnb house on his street. He disagreed that his street was too narrow, especially compared to other streets in town, and maintained his location is near the commercial area along US 62 rather than farther down the street.
Abbey, however, questioned whether the town needs more rooms for short-term lodging. She wanted to know the overall occupancy rates in town to help her make a decision, and without more information she was not comfortable adding more rooms.
Commissioner Woodie Acord replied, “In my mind, if someone wants to open a business, they assume the risk, and occupancy rates are not our business. This about someone who wants to try.”
The vote to approve Henke’s application was 2-2, Buford and Abbey voting No. Booth told Henke he could appeal to city council.
- Tina Patterson applied for two units of tourist lodging at 70 Dogwood Ridge. Buford excused himself from the discussion because he is a neighbor. Chair Ann Sallee read into the record six letters from neighbors who opposed the application. They made comments against commercial incursion into the neighborhood and there was anxiety about this project opening the door for further development. Additional traffic noise was also an issue.
Patterson’s plan was to begin construction right away and keep the construction 180-200 ft. away from the nearest neighbor. She disputed the claim traffic would be a big problem.
Acord cast the only vote to approve her application. Harman and Sallee voted No, and Abbey abstained.
- Shaman Hill applied for a CUP for one unit of tourist lodging at 1 Richard Circle. The vote was 3-1, Abbey voting No. Sallee decided not to vote, so the application was denied.
Other items
- A tree removal application for 3094 Van Buren was deferred pending receipt of an updated application which clarifies which trees are to be removed.
- Sallee said the “show cause” letters were mailed to all owners of B&Bs in the R-1 and R-2 zones. She said the letter “is just an explanation,” and the commission can decide what to do next in a couple months.
- Booth provided Abbey with a large laminated map of the city so Abbey can pinpoint the existing CUPs in the R-1 and R-2 zones.
- Harman asked if the city could provide a more detailed explanation of the legal fees charged to their budget line item.
- Buford presented his attempt to improve the tree cut permit. He suggested requiring larger diagrams accompanying the application and asking for more specifics. He said one result would be they could tell if an applicant cut the trees that were actually approved. Commissioners took the document home for review.
Next meeting will be Tuesday, Sept. 25, at 6 p.m.