The Board of Zoning Adjustment spent 45 minutes of the Aug. 8 meeting in a show-cause hearing for the owner of a bed and breakfast. Robin Busby, owner of the Inn at Rose Hall, was allowed to keep her Conditional-Use Permit, but not before discussion that included the possibility of demanding she submit a new application.
A new application would have posed a new set of problems since the city has a moratorium in place on new B&Bs in residential zones. Busby was able to convince commissioners that a variety of circumstances interfered with her plans to open the business.
She was granted a CUP for five units in October 2021, but Covid conditions made it difficult to find workers to rehabilitate the building. In addition, a contractor defrauded her, setting the project back further. Busby said “a lot of deferred maintenance” had created some situations requiring correction for cosmetic or safety reasons. “I wanted it to be done right,” she said, citing a third-story addition and deck, a remodeled kitchen, and other interior construction.
Now the project is nearly complete, but when Busby went to city hall for a business license, she was told that the CUP had expired when the business did not open within 180 days. Busby said she did not know about that requirement, and commissioners have discussed the need for a clear checklist for property owners. Busby also did not know that she needed to file with the City Advertising and Promotion Commission, even if the business had no revenue.
As commissioners weighed the possibility of revoking the CUP, Busby reminded them of the very nature of a “show-cause” hearing and repeated the problems which had delayed her progress. Commissioner Ann Tandy-Sallee said, “I think it would be in everyone’s best interest to allow her to continue.” She suggested this item further demonstrated the need for a review of city applications and procedures. The others agreed, with the stipulation that Busby obtain a business license and fulfill all CAPC requirements within 30 days.
Commissioners then convened as the Planning Commission and heard from the proprietor of tourist lodging at Harvest House and 1 Kingshighway. Amelia Irwin said she had received a letter from the CAPC stating that she was out of compliance. She said she handles taxes and other expenses through Airbnb, and taxes for the two properties she owns were commingled. Irwin said she did not know of any problems with the CAPC, and said, “It would have been helpful to get something gentler than a cease-and-desist letter.”
In other business:
- Commission Chair Susan Harman has taken the lead in exploring solutions to the city’s parking problems. She and City Historic Preservation Officer Kyle Palmer had met with Mayor Butch Berry and Transit Director Ken Smith, to discuss the goal of reducing traffic downtown. With no money currently set aside for new parking areas, Harman said the city needs to assess its parking strategy. She pointed out that a visitor could park a car downtown all day for a dollar an hour, removing some incentive for taking the trolley. She added that parking should cost more in the heart of downtown, with lower costs at Planer Hill. “It doesn’t make sense to make parking cheaper than the trolley,” she said.
With drivers using the parking app, Harman asked if parking costs could vary with the time or the day of the week. Commissioner Tom Buford noted that the fine for parking downtown all day is only $10. The topic will be referred to city council to see if aldermen would like to schedule a workshop. Palmer noted that Main Street Eureka Springs works toward economic development as part of their mission, and they plan to retain a consultant to perform an assessment of parking.
- Several commissioners planned to attend the city council meeting Aug. 14. A proposed extension of the current six-month moratorium on new B&Bs will be on the agenda, along with a new tree ordinance recommended by commission.
- Tandy-Sallee said notification letters have been sent out to some lodging owners, whether grandfathered or operating under a CUP. Tandy-Sallee has produced a list of properties in apparent violation of their conditions. For example, some B&Bs do not serve breakfast or include that in their advertising.
“It’s not our intent to embarrass anyone,” she said. “That’s why we haven’t published a list.” She also noted concerns about the need for a clear and simple outline for property owners with tourist lodging. “We could do a better job,” she said, adding that extending the moratorium on new B&Bs will provide an opportunity to generate a “list of expectations.”
Harman echoed those sentiments and said the list should include all the requirements for business owners, including the CAPC, a business license, and city commissions. “It’s an administrative thing that needs to be corrected,” she said.
- Issues surrounding properties designated as legal, non-conforming have come up in recent meetings. During last week’s meeting, Palmer said the commission can revoke a property’s LNC status if the property does not operate within guidelines. He said city statutes are vague on the subject, and Harman agreed that section of code should be reviewed.
- A workshop on revising the commission’s application forms is scheduled for 5 p.m. on Sept. 12, before the regular meeting at 6 p.m. The agenda for the regular meeting will include a discussion on a new sign ordinance. The possibility of allowing smaller houses on undersized lots will also come back to the table.