Council tables accessory structure ordinance

Aldermen tabled a controversial ordinance designed to regulate the size and placement of accessory structures and front-yard fences.

The unanimous decision came during Monday's City Council meeting after many residents voiced their opposition to the ordinance during the time allotted for public comment. Alderwoman Becky Morgan was absent.

The Council voted 5-0 to table the ordinance until their June meeting.

"To put it lightly, this has been a challenge," said Mayor Peter Christie.

The ordinance began in the Planning Commission in response to several complaints about large sheds being erected on Brompton Drive, Portsmouth Drive, and Lambourn Drive. It then moved to City Council, where it was sent back down to planners after aldermen were not satisfied with the changes.

In an attempt to iron out portions of the existing ordinance that were criticized by affected residents, three separate amendments were proposed by three different aldermen. The amendments provided different levels of restrictiveness regarding the size of accessory structures such as sheds, storage units, and detached garages.

The proposed ordinance includes language that limits accessory structures to 25 feet tall, or lower than the elevation of the primary structure -- whichever is less. It would also limit total square footage dependent on the size of the lot that the structure was built on. Structures could also not be built that extended beyond the front plane of a house.

Alderman Allen King has argued for months that the ordinance would amount to the government over-reach to solve a nonexistent problem.

"When you purchase your land and your lot and you have a vision of what you want to do with it, and then find out you won't be able to do that, it kind of makes you wonder (whether or not you want to move here)," King said. "We need to be really careful about the economic impact of this.... People like to bring their toys (when they move here) and keep them some place safe."

Two local real estate agents, Linda Lloyd and Julie Hull, had differing opinions on how the ordinance would affect potential home buyers.

"If you own a house next to either a humongous accessory structure or a front-yard shed (it would result in adverse marketability)," Lloyd said. "Your pool of potential buyers shrinks considerably because a lot of people do not want to live across the street from (such a large structure)."

"We have had three to six complaints (about large accessory structures) out of 13,000 people," Hull said. "I have to wonder why we're passing an ordinance for an issue with so few complaints. It is so restrictive....Without fail, my clients ask whether they can put in storage and fences.... I think this is really bad for Bella Vista."

Christie called for the proposal to be tabled because of to the amount of disagreement among both aldermen and the public.

"There is, from my perspective, a need for more public discussion about this," Christie said.

The next City Council work session will be at 5:30 on May 16 in City Hall. The next regular session will be at 6:30 on May 23 at American Legion Post 341.

General News on 04/27/2016