An application to build a shed to house vehicles and provide storage space on a property adjacent to a local hotel will need some work before it will get the approval of the Eureka Springs Planning Commission.

At its regular meeting held Aug. 13, the planning commission opted to table a request from Patsy Beaver to build a 14-foot by 60-foot shed on a portion of the property at 6 Jordan Street, which is located behind the Quality Inn.

“Yes, this is a commercial zone but it is more of a residential zone,” commissioner Ann Tandy- Sallee said. “I would like to see us maybe postpone this and come back to the table with a more accurate description drawing of what is proposed that they’re going to do.”

Beaver, who requested the permit, said the property has a truck, trailers and a golf cart that would be stored in the shed when not being used.

“It’s going to be used to, right now I have a truck sitting over here and a trailer here and trash boxes here,” Beaver, who owns the Quality Inn, told commissioners. “I want to neat and tidy it up, I want to be able to … park a trailer, a truck in there, and a golf cart and another trailer so it wouldn’t be so messy-looking back there. I try to keep things looking tidy and neat.”

Beaver told commissioners that Jacob Coburn, who was then the city’s code enforcement officer, had OK’d the construction of the shed and told her it had to be built at least 10 feet from the center of Jordan Street. She said she then got a building permit and work had begun on the structure when a stop work order was issued.

“I had a building permit when I started it and I had talked to Jacob … and he had told me where I could go, 10 foot from the center of the road,” Beaver said. “So, I came down and I got a permit and started building. Then, a week later, I was told that I couldn’t do it and that I had to go through the planning commission. I started on good faith.”

Regardless of the project being started, Beaver’s attempt for a variance request on setback requirements for construction was denied after a public hearing to begin the Aug. 13 meeting. Numerous neighbors who live nearby on Jordan Street voiced opposition to the construction so close to the road.

The setback variance denial can be appealed to the city council.

“I think we have an unprecedented situation here because every single property owner on Jordan Drive has opposed this variance in writing,” resident Kristi Kendrick told commissioners. “It is our feeling that the setback variance sets a very bad precedent. … There’s no hardship here to back up this request for a variance. This is resulted from the applicant’s own actions of starting work without a permit. There are other places on this property where they could put such a shed. …” Beaver was told that she needed to discuss the project with Paul Sutherland, the city’s new code enforcement officer, and submit more detailed plans before the planning commission’s next meeting, to be held Tuesday, Sept. 10.

“It may be best for all because it sounds like you had a false start,” said commissioner Ferguson Stewart, who was running the meeting in the absence of chair Susan Harman. “This will give you a fresh start of it. You don’t have to reapply. …We’re just tabling it to our next meeting and by then, hopefully, you’ll have more information.”

Commissioner Michael Welch also reminded Beaver that city code states that any new construction must also include a sidewalk.

“I do not see any in the design for sidewalks,” Welch said. “All new commercial construction in the city is required to have sidewalks installed.”

B&B LANGUAGE

Welch attempted to change some wording in the city’s bed and breakfast code but his proposal failed to get the number of votes needed for approval.

The current ordinance states that bed and breakfasts must have a meal “provided.”

“What constitutes a bed and breakfast?” Welch said. “If somebody leaves a box of cereal, and they’re not anywhere around, is that considered a breakfast for the bed and breakfast?”

Welch wanted to change the language to say “meals are prepared or served by the owner or on-site manager.”

“It’s saying that the owner, or somebody, needs to be there when they’re serving, which is what the traditional bed and breakfast is, where the owner is there to provide the meal.”

The change received three affirmative votes with commissioner Tom Buford dissenting. Four affirmative votes are required for passage.

SUPPORTING CAPC

During commissioner comments, Welch and Stewart both spoke in favor of the city advertising and promotion commission in response to a petition that is circulating aimed at repealing the city’s tourism tax and doing away with the CAPC.

“I just want to speak my opposition to the petition going around to eliminate the CAPC,” said Welch, who is running unopposed for the Ward 1, Position 1 city council seat currently held by Autumn Slane. “I’ve been here two years, bought a house seven years ago and we’ve been visiting for 15. The three dynamics that really attracted me to this town, and all three of them are just as important, are the tourism, the businesses and the residents.

“I think eliminating the tax for advertising, you know, this is that different generation. Word of mouth, going to talk to your cousin Johnny about what’s cool or something is not really working anymore. You have to have social media, internet advertising, to get the word out like that.”

Stewart agreed, saying he felt the current members of the CAPC are doing a “good job.”

“I told the mayor when I joined a commission that I’ll be on any commission you need me except the cemetery and CAPC,” Stewart said. “I won’t be on the cemetery because I’ll be there soon enough … and the CAPC is just too crazy and I couldn’t keep up with it. It just scared the heck out of me.

“But, those people serving do a good job … and I think that we need to have it. … I look at those ads on the TV and I see, every once in a while, about Eureka Springs. And, I see the awards we’re getting. It is a result of the CAPC’s work. All of our commissioners are voluntary … We do it out of love of our city, and I think the CAPC is a representative of that love.”