Nicky Boyette – An SRO crowd spilled into the hallway at the April 12 Planning Commission meeting, with most citizens attentive to application for a Conditional Use Permit (CUP) for a one-unit Bed & Breakfast at 23 Elk. The property has a cottage toward the rear that has been used as a guest lodging off and on for more than 20 years.
Eight residents who spoke and 17 letters read into the record were opposed to the application by Gary Toub and Kathy Martone. Another letter was from attorney Kristi Kendrick explaining her opinion the CUP would violate the city’s 200-foot rule which states a CUP cannot be granted if one for a similar use property already exists within 200 feet. There is a tourist lodging next door to 23 Elk. Two letters stated no objection to the application.
Most opposition focused on the same few objections. LauraLee Wilcox commented the 200-foot rule is in place for a good reason – protecting residential neighborhoods. Jim Puckett said he lives directly across the street from 23 Elk, and claimed the B&B would exacerbate an already inconvenient traffic situation. At least two letters pointed out there is already a continual parking challenge for residents in the area, and a letter from Peggy Kjelgaard warned of “oversaturation” and “tourist lodgings in the guise of B&Bs.”
Betsy Rodier took the issue to a broader level and stated “the unchecked increase” of B&Bs and lack of City Code enforcement are diminishing quality of life in Eureka Springs.
One letter in favor of the CUP said it was “nice to see life on the property again.”
Toub stated he and his wife love the town and were thrilled to get a chance to own the historic property. He pointed out there is a tourist lodging nearby but no B&Bs, and they assumed they were complying with all the rules. He claimed he has off-street parking and a B&B in that location would have “minimal impact” on traffic, parking, noise and other objections raised.
Chair Steve Beacham commented there have been as many as three tourist lodgings on Elk Street through the years, and pointed out City Code regarding B&Bs is more restrictive than for tourists lodgings.
Commissioner Melissa Greene commented she has been a proponent of B&Bs, especially the smaller ones. She considers a B&B to be a home-based business that contributes to the local economy. She did not discount objections from neighbors who had spoken already, but decried limiting the initiative of Toub and Martone whom she considered “good people” while the city is steadily losing residents. She insisted language in Code regarding the distinction between B&Bs and tourist lodgings was vague, and would work against what she saw as “a good application.”
However, the vote was unanimous to deny the application.
Other B&B concerns
Beacham stated City Economic Development Officer Glenna Booth is compiling a list of B&Bs and tourist lodgings with CUPs to establish whether they are operating legally, and has found some which were not. Commissioner James Morris added there are B&Bs with a current CUP, but not operating, thereby preventing potential operators from getting a B&B license because of the 200-ft. rule.
Greene said she knew of instances in which a B&B renter was asked to act as manager so the owner could maintain compliance with the law. She considered this tactic simply a way to sidestep Code.
Alderman David Mitchell had other concerns about B&Bs and tourist lodgings, and presented a document with more precise definitions for items in the discussion in order to clarify who was complying and thereby make City Code easier to enforce.
There was consensus that language in Code needed revisiting, and commissioners agreed to study Mitchell’s document and discuss the topic again at the next meeting.