In a determined effort to clarify things, Planning commissioners continued their march through what chair Melissa Greene called “murky” definitions in City Code at the April 11 meeting. They agreed work on a couple definitions was complete and a couple of others, such as “receptions,” had been hashed and rehashed but not written up.
Moving further down their list, commissioner Susan Harman mentioned they had thoroughly reviewed “continual operation” as it related to the 180-day rule for Bed & Breakfasts, but commissioner James Morris firmly stated, “It is irresponsible of the city not to have a better definition of what that means.” He decried the practice of a B&B owner paying only a minimum tax every six months just to stay within the law but not actually operating much, and insisted such an owner prevents another prospective B&B owner nearby from operating full-time.
“It’s not fair or just,” Morris declared. He said he had presented a plan to the commission to address this issue more than once, and would bring it again to the next meeting. “We have denied people the right to operate a B&B… I’m just asking for equity.”
“Is this a common occurrence?” commissioner Woodie Acord asked.
Greene said she could not think of any occurrences, but Harman asked Morris to present his plan at the next meeting. Greene then pointed out that City Code states a person with a Conditional Use Permit technically is not allowed to expand or alter other buildings on the property such as a garage or shed. She said someone in this situation had brought the issue to her, and she herself was told years ago she could not build a deck on property for which she had a CUP. She wanted to clear up any confusion.
City Economic Development Officer Glenna Booth disagreed with Greene’s reading of Code, and Morris said Greene’s interpretation would eliminate the ability of a B&B owner to remodel the building. He remarked, “You don’t deprive someone of the right to do something on the property just because they have a CUP, but a neighbor could.”
Greene said the language in Code was murky. Commissioner Tom Buford countered that Code was clear, but perhaps the intent was lost in the language.
Harman said she wanted to read it again, and suggested they all review what Code says and talk about it at the next meeting so they can “make sure it’s right.”
Other items
- For further tunneling into City Code, Greene suggested they look at laws regarding a home becoming a duplex, for example, and make it easy to know the parking requirements.
- Commissioners were satisfied with their revised Complaint Form, and Booth suggested they get input from Building Inspector Bobby Ray.
- As the Board of Zoning Adjustment, commissioners approved a sign variance for 4032 E. Van Buren to allow the Cup of Love Ministry to put a sign in an existing frame that is slightly larger than City Code allows. A sign was previously approved for the space, and commissioners quickly approved the variance.
Next meeting will be Tuesday, April 25, at 6 p.m.