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Planning debates treehouses, parking and motorcycles in long meeting

Thursday, May 28, 2009
EUREKA SPRINGS -- Planning commissioners certainly earned their pay May 14.

In a three-hour-plus meeting, the Planning Commission slogged through a handful of issues, including an allegedly recalcitrant property owner, a bed and breakfast with allegedly insufficient parking, an allegedly noisy motorcycle parking garage and a citizen who allegedly dodged jumping through some hoops when building a treehouse lodging facility.

Dix writes regarding violations by Webb

The meeting opened with Planning Commission Chair Ken Pownall reading a letter from Barbara Dix of 1 Kline St. protesting the many unapproved landscape alterations made to adjoining property by owner Jack Webb, resulting in rainfall drainage damaging her property.

Dix had appeared at previous city meetings alongside Webb to protest his actions and to ask the city to deal with the issues.

In the letter, Dix said Webb had ignored her requests to correct the problems and suggested Planning "slap him on the hand," "make him tear it all down and come to Planning and the Historic District Commission (HDC) for approval," or "let him keep the [modifications] but with the dirt work being done by an expert."

City Clerk Mary Jean Sell said the HDC had asked Webb to hire an engineer, but as far as she knew none had been hired, and that the HDC had encouraged City Building Inspector Bobby Ray to cite Webb for the unapproved landscape modifications.

Commissioner Bill Earngey suggested a thorough inspection and stop-work order.

Pownall said he would go to Public Works and the building inspector [for further information] because he wanted to provide feedback for Dix.

Insufficient parking at 8 Washington

Heather Quinney appeared representing the owners of a proposed bed and breakfast at 8 Washington St., on the Historic Loop, formerly White Dove Manor, asking for a Change of Use Permit (CUP).

Commissioners hesitated only because of letters received complaining that the property lacked enough parking to accommodate a 5-unit bed and breakfast.

According to code, the property should have seven parking spots, but has only six.

After lengthy debate, commissioners decided to approve the project contingent upon the owners' having worked out the parking situation within a year, and that the commission be presented with a parking plan. The motion passed 4 to 0.

Motorcycle parking garage postponed

Planning continued to hash out a request to install a covered parking area for motorcycles on the parking lot at 109 to 113 N. Main St., with commissioners responding to a plaintive request last meeting from a nearby homeowner that the noise from such a motorcycle facility would make it impossible to endure living in her home.

Representative Butch Berry argued the plan would actually potentially reduce the number of motorcycles parking on the spot, since it would be built with stalls to accommodate only 17 motorcycles, when currently many more could park on the site if they so chose.

Earngey argued the project would violate the city's sound ordinance and said the commission had yet to receive any detailed plans for the project, including details on landscaping and lighting, and in the end commissioners voted to postpone further debate on the issue until such detailed plans were forthcoming.

Treehouse project evokes bitter response

Representatives of Frank Green appeared to answer a list of questions sent them by commissioners regarding Green's controversial treehouse lodging facility at the junction of US62W and Pivot Rock Rd., which commissioners had argued previously he should have brought before them prior to construction beginning.

Their questions were on such issues as a plan showing number and placement of buildings, intended use of buildings, parking situations, vehicle movement patterns, the number of family/dwelling units on the property, and any additional information necessary to help Planning ascertain the appropriateness of the project as per its own guidelines.

Earngey had pointed out last meeting all these issues were outlined in the building inspector's guidelines; the project had been previously approved by the former city building inspector Marion Chrysler, orally if not on paper.

Earngey added at that meeting there is no such thing as an oral building permit.

Representatives confirmed Green had gotten all necessary permits and answered the rest of the commission's questions.

Pownall then read a bitter letter to the commission from someone who had gone through extensive interaction with the city, gaining the necessary permits, meeting all code requirements, and adding, she said, approximately $130,000 to the cost of her construction by so doing.

The letter listed a number of alleged discrepancies on the site of Green's project and complained of perceived unfairness.

Other topics postponed

Detailed discussion of the proposed lighting and tree ordinances were postponed until next meeting due to the length of this one.



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