The Eureka Springs Planning Commission met on Thursday, Nov. 13, after their regular second Tuesday schedule fell on Veterans’ Day.
Commissioners had a long evening, with a full meeting following a one-hour workshop on the city’s Vision Plan. Work on the Vision Plan will continue, and commissioners voted to ask city council for a $50,000 budget to work on the project. Another workshop scheduled for January.
Board of Zoning Adjustment
The meeting began with a short public hearing for a variance request at 2017 E. Van Buren for Jeni St. Onge. She had asked for an off-premises directional sign to advertise Studios @ Eureka, her 12-unit property located behind the Heritage Motel that would be difficult to find without the sign. St. Onge said she had approval from the motel to post a two-sided sign, 18 inches square, on an existing post. Only one public comment was received, and it was in favor of the sign. All approved the variance.
Commissioners also approved several tree-cut requests, with commissioner Tom Buford abstaining on all the applications.
At 36-38 Mill Hollow Rd., owner David Clarke appeared with arborist Mike Larrew to explain his application. Some trees will be removed to accommodate two cabins already approved. The cabins will straddle a seasonal creek. Clarke listed some other trees on the property that are dead or dying. He pledged to mill any usable trees and use the wood for interior trim.
Brian McKimmey received approval to remove two trees in preparation for building a house at 45 Pivot Rock Rd.
At 34 White St., Cory and Lyla Allison received approval to remove 10 trees. They submitted photos showing the trees too close to the house, causing structural problems. Some of the trees listed were already dead or diseased.
Planning
Commissioners reconvened as the Planning Commission. After extensive discussion, they approved revisions to the tree-cut application.
As they considered what information should appear on the application, commissioners agreed on the importance of keeping the application to a single page, as people often skip parts of a longer application.
Much discussion centered on language regarding site visits by commissioners. The current application had a checkbox to allow commissioners and staff to come onto a property to evaluate an application. Commissioners preferred explicit language to say that signing an application automatically granted permission for site visits, but that provision was temporarily withheld pending legal advice.
The commission also debated whether to include a line noting the number of replacement trees required. The current application includes a section noting that the commission can set conditions for an approval, but the specific language would help prevent misunderstandings later. Replacement trees are not always required, so that line may be left blank on some approved applications.
In other business:
- City council has passed two ordinances generated by Planning. Ordinance 2378 deals with fences, and Ordinance 2379 covers metal buildings.
- Building Inspector Paul Sutherland and commissioner Ann Tandy-Sallee have reviewed two of five weekly rental properties, and both met all requirements.
- Commissioners had discussed adult-oriented businesses during recent meetings. Cassie Dishman, director of Planning and Community Development, said she checked with the city attorney, who advised against adding a checkbox on Conditional-Use Permit applications to designate an adult-oriented business. State codes already cover this area, and Dishman explained that the commission would not approve an adult-oriented business in a residential area. She also explained that Planning could not restrict a business with an adult theme, such as a bed-and-breakfast advertising itself as catering to specific patrons.
- Commissioner David Buttecali asked if any city ordinances control outdoor merchandising or seating. As examples, he mentioned businesses selling merchandise in a parking lot, or a restaurant with outdoor seating without a specific permit. Dishman said the only relevant regulations she could find prohibit vending machines in R-1 zones. Buttecali said he will pursue the topic further.