The Planning Commission continued to discuss several areas of concern, including minimum lot sizes, fencing, billboards, and certificates of occupancy (CO).
At the April 8 meeting, commissioner Ann Tandy-Sallee said she has been reviewing tourist lodging and encountered a property that had not had a new CO since 2003. She asked about requiring periodic reviews of tourist lodging in the interest of fire safety and public health.
Building Inspector Paul Sutherland said he conducts a new CO inspection whenever a property owner pulls a new permit, or when a property is sold to a new owner. He said the fire marshal inspects properties regularly, and those inspections cover the same areas of concern as the building inspector. In response to a suggestion to require a new CO every five years, Sutherland said he already has a lot of CO inspections.
Commissioners said they did not want to create unnecessary work, and they left the topic without establishing a regular schedule to renew a CO. Commissioner Mike Welch asked if requiring regular CO inspections for tourist lodging would also require the same inspections for motels.
Lot sizes:
Commissioners have discussed lowering the minimum lot size from 4,000 square feet to 3,200. Commissioner Tom Buford said the fire marshal did not object to reducing side setbacks from 10 feet to eight. Commissioner Susan Harman said some property owners might meet existing setback requirements by designing a two-story house. Harman asked if lowering the minimum side setback on undersized lots would also apply to larger lots. Cassie Dishman, Director of Planning and Community Development, will investigate several legal issues related to the discussion.
Fences:
During a discussion on fences, Dishman explained that the Historic District Commission already has standards within the historic district. Sutherland said city ordinances do not regulate fences outside the historic district, and asked for guidance from the commission regarding materials, height, and setback requirements for fences.
Commissioner David Buttecali reminded everyone that a new ordinance would not affect existing fences. Harman asked if a new ordinance would include language about maintenance of fences.
The commissioners planned a workshop before the May 13 commission meeting. After the commissioners research this topic, they may try to schedule a joint workshop with the HDC.
Billboards:
Sutherland explained the difference between billboards and the pole signs advertising businesses. He said the state approves billboards on highway rights-of-way, but not pole signs. Sutherland said he would consider a pole sign as new commercial construction, requiring a permit from the commission, but that would only apply to a new sign.
Commissioners had some reservations about taking on the responsibility for approving new signs but voted to classify billboards and pole signs as new commercial construction, requiring an application to the commission.
State legislature:
Dishman explained that Act 313, recently passed in Little Rock, will require some commission review. The act allows property owners to build an “additional dwelling unit” (ADU) on a property, with the provision that the added property is smaller than 1,000 square feet and has less than 75 percent of the floor space of the existing house. Dishman said she did not think the new law would affect city codes in Eureka Springs, “but we need to be mindful of potential conflicts.” Buttecali echoed her concerns, saying, “Someone’s going to challenge us.”
Tandy-Sallee suggested moving this item to the next agenda, to give commissioners an opportunity to develop questions. The city attorney will also be contacted for guidance on this issue. In their initial reaction, commissioners did not think this act would affect city regulations on short-term rentals, although someone building an ADU could use it as a long-term rental.
Act 314 also has implications for this city, limiting the ways a city can expand services into areas outside city limits. This process could have led to eventual annexation, and the commission had been reviewing several directions for expansion.
In other business:
- Chair Fergie Stewart said a state bill that would have prevented cities from restricting the use of properties has failed. “We dodged a bullet,” he said, as he outlined his objections to the state interfering with the standards of a city. Stewart also mentioned a pending state bill which would remove fluoride from public water systems.
- A Conditional-Use Permit was transferred to Tracy Carter at 14 Nut St. Carter received approval to renovate a 300-square-foot cabin as a short-term rental unit. The commission did not receive any negative comments at a public hearing on the transfer, and they all approved a variance on the rule prohibiting tourist lodging within 200 feet of another tourist lodging.
- Dave Clarke represented owner Gwen Bennett with a plan to build two cabins on Mill Hollow Rd. for long-term rental. The plan would consolidate two lots, each 40 by 40 feet. The project would require variances for parking, lot size, and setback requirements. The commissioners noted that the cabins each straddle a creek bed, and Clarke said the lowest finished floor would be higher than the projected 100-year flood height. The commission received one email in opposition, but approved the project with little discussion.
- Lucilla Garrett received approval for the removal of five trees at 2 Cottage St. to make room for an addition. The Historic District Commission had already approved the addition.
- The agenda for the May 13 commission meeting will continue some of the topics from this meeting, including lot size, fences, and COs. Creating a liaison with the City Advertising and Promotion Commission will also appear on the agenda, along with an update on tourist lodging.