The Board of Zoning Adjustment held a public hearing last week before approving a setback variance for a property owner wishing to replace a deteriorating shed.
Josh and Amelia Irwin had already received permission to remove the shed at 104 Wall St., where the Irwins operate a bed and breakfast. Amelia Irwin explained that the shed had already undergone a series of inadequate repairs. She asked to rebuild a housing unit on the footprint of the shed, to be occupied by the live-in innkeeper.
The existing shed impinges on an unused alleyway between the Irwin’s property and a neighbor. Both use the dead-end alley for parking, and the neighbor had no objection to allowing the variance. In response to a question, Irwin agreed that she could move the new building over, but that would have an adverse effect on a parking area.
Irwin read a text from a neighbor who said removing the “eyesore” of the old shed would increase adjacent property values. City Historic Preservation Officer Kyle Palmer said he had received a voicemail from another neighbor supporting the project. Irwin said she had spoken to all her neighbors, all approved her plan, and commissioners agreed, also.
The meeting then reconvened as the Planning Commission. A request to continue five units of tourist lodging at 50 Wall St. was quickly approved. Brett Deas and Michael Sebastian are in the process of buying the property, which has operated as tourist lodging since 1992.
A workshop on application forms used by Planning or BOZA preceded this meeting. Several changes were suggested, and Chair Susan Harman said she hoped to have drafts of the new application forms by the October meeting. Harman said she plans to check with department heads to see if they would be willing to sign off on applications before applicants come before the commission.
In other business:
- A process of checking the compliance of B&B operators continues, and most of the businesses contacted have resolved their issues with the City Advertising and Promotion Commission. Only two businesses have failed to respond to inquiries, and representatives of those businesses will be asked to attend the next commission meeting.
- Commissioners have previously questioned how to enforce violations by legally non-conforming businesses, such as B&Bs that began operating before city regulations were established. Research indicated that responsibility would lie with this commission, and Harman suggested further study to see if the appropriate ordinance is still relevant.
- Commissioners hope to develop a checklist for owners of rental property and tourist lodging to explain exactly the steps they must meet in regards to commission approvals, a business license, and CAPC compliance.
- Cities like Fayetteville have cracked down on unauthorized tourist lodging, and the city can shut off water for violators. Harman asked what leverage Eureka Springs has if someone operates tourist lodging without approval. Commissioner Joe Hill said the city has a procedure, but no penalties in place. Commissioner Ann Tandy-Sallee promised to do further research.
- The agenda for this meeting was shortened. A discussion dealing with signs will be postponed until Mayor Butch Berry can attend and share his concerns. A planned discussion on allowing smaller homes to be built on small lots was also postponed. Those items may appear on the Oct. 10 agenda. City council has a meeting scheduled the night before, and a new tree ordinance recommended by the commission will appear on the council agenda.