The owner of a house at 14 Washington St. asked the Board of Zoning Adjustment to rezone the house for tourist lodging, but commissioners found no reason to indulge the request.
Dr. Tyson Burden said he has had difficulty selling the house but has a buyer if the zoning changed from R-1 to C-3, Quiet Commercial. That would allow the new owner to operate the property as tourist lodging.
Public comments preceded the discussion, and all opposed the zoning change. Chair Ann Tandy-Sallee read three letters, all citing negative consequences for the neighborhood. The street already has parking problems, which would only increase with more lodging. Other tourist lodging is already located within 200 feet of the property. One of the letter writers wrote, “Not every house should be looked at as a revenue stream, but rather as a home in the neighborhood.”
Others commented in person. Steve Beacham said the concept of spot zoning goes against the concept of city planning. “Our city needs to protect our residential properties,” he said. He also noted that an out-of-town buyer operating the property through a management company would benefit at the expense of the local community.
After the public comments, Tandy-Sallee went through the checklist of reasons to approve a zoning change, and she did not see substantial reasons to change the existing zoning. The community has other areas for tourist lodging, and single-family residences have become increasingly scarce.
In response to the suggestion that he was “flipping” the property, Burden said he has lived in the house for 10 years and had no commercial intentions. However, he has had trouble finding a buyer for the house, because of its size and its proximity to businesses like the Gavioli Chapel, and few families need a house of 3,100 square feet.
In addition to Gavioli, trams and trolleys operate nearby. Burden said a professional management company would operate the property as a nightly rental, and it would benefit the community. Instead, he said, the property will sit empty if he cannot find a buyer. He has lowered his asking price several times, he said.
“There’s a demand for nightly rentals, and there’s not a demand for residences,” he said, and closed with a pledge to watch future commission decisions. “We would have to take some sort of action if there was something that seemed similar that was approved later if we’re denied today,” he said. “Think about what precedent you’re setting today.”
Commissioners did not take long to make their decision. Commissioner Tom Buford said the city’s master plan calls for preserving single-family residences and recommends against spot zoning. Tandy-Sallee said the zoning change “would give special privilege to an individual owner rather than protecting public welfare.” All voted against the request, and Burden was told he could appeal to city council.
The commissioners then convened as the Planning Commission, and they had no such concerns in transferring a Conditional Use Permit at 46 Hillside Ave. Dr. Darrell Morgan said he and his wife, Susan, do not plan any major changes in the five-unit bed and breakfast operation. They will live on-site, and they have plenty of parking. Tandy-Sallee noted that the property, operating as the Angel at Rose Hall, has never had a complaint, and all approved the transfer.
In other business:
- Commissioner Fergie Stewart has kept the commission informed on issues concerning Internet access for the city. He said an official announcement will come out in early July assessing the city’s connectivity needs. Stewart said early rumors about the report have given him concerns. “I don’t want to be as optimistic as I was last month,” he said. “We’re going to keep fighting to get fiber-optics in downtown Eureka Springs.” He promised an update at the July 12 meeting.
- The commission will hold a workshop at 5 p.m., prior to the regular July 12 meeting, to discuss minimum maintenance issues.
- The commission also has a workshop scheduled with city council on July 5, to continue studying parking issues.
- Commissioner Meghan Morris gave an update for the lodging subcommittee. She has worked with City Historic Preservation Officer Kylee Hevrdejs to outline goals. “Many lodging owners don’t know the codes and the rules,” she said. Education efforts would benefit those business owners, but those living next to tourist lodging might have their questions answered, as well. Morris suggested dividing information into easily digested subsections to deal with such areas as historic lodging, tourist lodging, and commercial properties. She said the commission should also renew its efforts to reach out to real estate agents, to insure that they can explain the rules properly when they sell a property.
- With Susan Harman joining the commission, all seven chairs will be filled, and the others at the table could not remember when that last happened. Harman has served on the commission previously.