The Planning Commission has engaged in a long-term project to update city codes regarding bed and breakfast businesses, and a new ordinance will be sent to city council.
At a meeting on Oct. 8, commissioner Ann Tandy-Sallee shared the efforts she has made to include significant language in the codes. Among other changes, the new ordinance includes a definition of a “unit” for lodging purposes.
Chair Susan Harman asked if the ordinance included language requiring B&Bs to advertise that they serve breakfast. Although other city codes mention this requirement, Tandy-Sallee said she would rewrite the appropriate section to include that language in the new ordinance. Even with the last-minute revisions, commissioners hoped to have an ordinance ready by the Oct. 28 council meeting.
With a moratorium on new B&B applications set to expire in two months, commissioner Mike Welch proposed setting a cap on the total number of B&Bs in residential areas at 21, the current number of such businesses. That includes those holding Conditional Use Permits (CUPs) and those legally non-conforming businesses which were in operation before the city regulated B&Bs. The other commissioners did not see the need for Welch’s proposal.
The commission will need a special meeting to approve last-minute changes to the ordinance before sending it to council for consideration.
Public hearing
This meeting began with commissioners convening as the Board of Zoning Adjustment, to consider a request for a variance from setback requirements. Bruce and Lynne Wright asked to build a 24-foot wide house on a 40-foot wide lot. That would require reducing the 10-foot side setback to eight feet on each side.
During discussion, confusion arose over the address of the property, which was referred to as 19 or 21 Fairmount St. Contractor Travis Holloway answered questions about the project. He showed that the plan included two parking spaces at the front of the lot.
Several objections came up during the public comment period, mostly focusing on the way the proposed house plan would fill almost the entire lot. Other issues included traffic and sewer capacity. Commissioners postponed a decision pending a site visit, which would give them a better review of the setback variances under consideration.
In other business:
- A tree cut was approved at 77-79-81 Spring St. for John Cross. The large walnut was affecting a sidewalk and the building’s foundation.
- During public comments, Steve Holifield appealed to city residents to vote in favor of retaining the City Advertising and Promotion Commission. Holifield serves on the CAPC and city council, and said losing the advertising dollars which the CAPC receives “would be devastating to our community.” In addition to its promotional efforts, the CAPC also supports The Aud, and Holifield asked everyone to speak to friends and neighbors about the importance of the ballot issue.
- At the Sept. 10 meeting, the commission held show-cause hearings for several businesses thought to be in violation of CUPs. A decision on a B&B at 8 Washington St. was postponed to give owners Jonas and Jamie Funston an opportunity to correct several deficiencies. The owners had been expected to attend by Zoom, but they did not connect. Commissioners debated whether to continue without the Funstons’ participation, and decided to proceed. Tandy-Sallee said the business’s website does not say anything about serving breakfast. The property does not have a valid on-site manager, and the owners had previously listed a neighbor across the street as the on-site manager, in violation of city codes.
Commissioners voted to revoke the CUP for the property, and the owners will have 15 days to file an appeal with city council. The CUP will remain in effect while the appeals period remains open.
- The commission will continue to review B&Bs that appear to be in violation of one or more operating conditions. More businesses will be asked to attend the next meeting to show cause why their CUPs should not be revoked. Commissioner Fergie Stewart said, “I think this is one of the most substantial things we’ve done since I’ve been on the commission.”
- Commissioners had held a workshop to consider extending the city’s planning area beyond city limits. State law will allow the city to reach a mile past city limits for an area development plan. The city can provide limited services in that area, including police and fire. A consultant who led the workshop said the commission should look to city council for approval of a development plan and the establishment of funding for the project. The commissioners emphasized that these efforts would not necessarily lead to annexation of new areas.
- Stewart noted the unexpected weather catastrophes in North Carolina and Tennessee, and urged people to learn evacuation routes in advance of any emergencies.
- This was the first meeting for Carrie Dishman, who has taken over as the city’s Director of Planning and Community Development.