Planning approves fourplexes on Judah

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At a meeting on July 9, the Planning Commission approved a multi-family construction along Judah Street.

Owner Terry McGuire addressed the commission and outlined plans for two fourplexes, with units built in townhouse style. Each unit will have a small yard. He said the units would be sold, not rented, and noted the need for residential housing in the city.

McGuire said the residences will be “within walking distance to everything.” He said the application complies with all requirements in a C-2 zone. The construction will only occupy a third of the lot, which is slightly more than an acre.

Commissioner Fergie Stewart said the project was well-timed, “given the housing situation in Eureka Springs.” He asked about a timeline, and McGuire said the site is already level and construction could begin immediately, although he has not yet received approval from the Historic District Commission. He estimated six to eight months for completion.

 Commissioner Michael Welch asked about including a sidewalk along Judah St. McGuire initially objected, as he pointed out the lack of continuity in sidewalks in that area. Although the sidewalk would not connect with other sidewalks, city codes allow the commission to require sidewalks in commercial construction. McGuire said property owners are allowed to build to the property line in commercial zones, and this requirement would essentially eliminate a section of the property from construction. The fourplexes will be set toward the back of the property, but a 30-foot setback would prevent moving the buildings further back to make room for the sidewalk. 

McGuire had no problem with adding a sidewalk to the plan but asked for a variance on the setback requirement. The property slopes into a ravine at the back, and commissioners had no objection to reducing the setback to 25 feet at the rear of the property. No adverse public comments were lodged, and the application was approved 4-0.

In other business:

  • Sharon Lawlor, owner of Bridgeford House at 263 Spring St., addressed complaints that patrons of her bed-and-breakfast have parked on Spring St. instead of using on-site parking. She said the business has signs outlining the parking requirements. The previous night, at a city council meeting, a joint workshop was proposed with aldermen and Planning commissioners. She asked if that workshop could be postponed until after Aug. 10, so her attorney could attend. Lawlor readily agreed to Chair Susan Harman’s request to arrange a site visit.

* With Commissioner Ann Tandy-Sallee absent, the others postponed a planned discussion on code updates regarding B&Bs. Harman mentioned that Hot Springs has set a cap of one short-term rental property for every 80 residents. With 30 short-term rentals in Eureka Springs, that would work out to one for every 50 residents. “Hot Springs has established the precedent,” Harman said, and the commission may pursue a similar cap. A moratorium on new B&Bs will expire at the end of the month, and commissioners voted to ask city council to pass a 90-day extension.

  • An applicant earlier in the evening was unaware of sidewalk requirements, and commissioners voted to add language to its application forms. Forms will include the requirements for sidewalks, although Harman pointed out that the commission will still have the power to waive the sidewalk requirement under some circumstances.
  • Main Street Eureka Springs has conducted a sidewalk survey of the city, and results are currently being tallied. The results will be submitted to Planning. Kyle Palmer, the city’s Director of Planning and Community Development, did not attend this meeting, but is compiling some suggestions on ways for the commission to take action on sidewalks.
  • Stewart has taken the lead on investigating how to regulate the possibility of a crypto currency mining operation. The noise and power demands of these facilities would have an adverse effect on the city, but state regulations have limited the ability of municipalities to regulate them. Recent changes at the state level now make it possible for cities to reject bitcoin mining, but Stewart cautioned against creating an ordinance specifically tailored against it, saying the city of Harrison encountered problems with a similar ordinance.

 Stewart said he has talked to officials in other cities and thinks the city’s process for Conditional Use Permits would offer significant protection. “That would be our tool to reject anything outside the norm,” he said, as he mentioned a recent rejection of an application for a gun dealer. Welch said the CUP process gives the public an opportunity to comment, and Harman explained that letters would go out to property owners within 200 feet of any property requesting a CUP. If 20 percent of those neighbors object, that would ordinarily doom an application, although a decision could still be appealed to city council. Harman stressed that the commission would place the most weight on the responses from those in the immediate neighborhood of an application.

  • During commissioner comments, Stewart said he understood that “the mayor did what he had to do,” but he was disappointed to lose code officer Jacob Coburn. Stewart noted how long it took to find a good candidate, and he said Coburn did a good job.
  • The commission will next meet at 6 p.m. on Tuesday, Aug. 13. Applications are due by July 30.

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