A couple opposed to the rezoning of a bed and breakfast in Belhaven plans to appeal the Jackson Planning Board’s decision if the Jackson City Council approves the zoning change.
The planning board approved the rezoning of the Fairview Inn at 734 Fairview St. from R-2 (Single and Two-Family Residential District) to CMU-1 (Community Mixed-Use District, Pedestrian Friendly) during its meeting on Feb. 28.
The planning board acts as an advisory board to the city council. The council is scheduled to vote on the Fairview’s zoning request on March 18 at 2:30 p.m.
“We are prepared to appeal as far as is necessary to protect the residential integrity of our historic street,” said Dan Baker on behalf of himself and his wife Kathy Baker.
In 2010, Jackson officials amended the city’s zoning ordinance to allow the bed and breakfast to operate with a restaurant. Kathy and Dan Baker appealed that decision, and the appeal remains pending in Hinds County Circuit Court.
“We have been unable to get the city to file the record of the proceedings,” Dan Baker said.
Sharp Hospitality, which is owned by Peter and Tamar Sharp, sought rezoning for the inn “to better align the property’s zoning classification with its mixed-use, consistent with a substantial change in the character of the neighborhood,” according to the application for zoning action.
The rezoning “is not sought to allow any change in the use of the Fairview Inn property, nor is any change contemplated,” Peter Sharp said in a statement he emailed in January to the Northside Sun.
The planning board voted 7-5 in favor of the rezoning despite the opposition of 38 percent of all homeowners within 160 feet of the inn’s property, Dan Baker said.
“We are disappointed, and it is unfortunate for the stability of our historic neighborhood,” he said. “It is unfortunate that the Sharps have been perfectly comfortable operating a restaurant and bar without a use permit from the city, as it is also unfortunate that our city has shown zero willingness to enforce the law.
“The concern is that once a change in zoning has occurred it opens the possibility of rezoning for all surrounding properties. This is reckless.”
Baker, who recognizes “the City Council hearing will be politics as usual,” said the Mississippi Supreme Court “spoke in 2009 to literally this identical issue and unequivocally held that heavy commercial activity at the Fairview Inn is illegal spot zoning. Since then, nothing has changed in the area and nothing has changed in the law. “
According to the application for zoning action, the Fairview Inn “is located within the State Street Corridor, where multiple properties within it have been granted variances, conditional use permits or rezoned, (including being rezoned to CMU-1) in recent years to the extent that a substantial change in the character of the neighborhood has occurred.”
The inn’s “current and planned future use of the property is consistent with the Comprehensive Plan, as it will bring the subject property into conformity with other similar properties along the State Street Corridor,” according to the application.
The requested zoning change will not “adversely impact vehicular or pedestrian traffic in the vicinity as there is adequate parking, a pull through drive area, and additional off parking pursuant to a lease agreement with Baptist Hospital for the adjacent parking area,” according to the application.
The requested zoning change will not “adversely impact any public services including, but not limited to: water, sanitary, sewer, streets, drainage, police and fire protection, and schools as the Fairview Inn does not seek to change its operation from what has existed for more than twenty years,” according to the application.
Fairview Inn, which is the residence of the Sharps, is utilized as overnight compensated guest lodging. It includes a restaurant and lounge that can serve alcoholic beverages, event facilities used for weddings, rehearsal dinners and fundraisers, a licensed day spa and a small gift shop.
Baker said he and his wife had never had a problem with the Fairview Inn operating within the scope of its use permit, which is to provide lodging and to host weddings and other social functions.
“The problem is changing the zoning classification to allow heavy commercial activity on our street,” he said. “The Fairview Inn is on residential property. That classification protects the surrounding properties.
“Rezoning creates a change that under the law allows other properties nearby to apply for the same zoning. This will cause irreversible damage to the residential stability of the neighborhood. Their requested rezoning is the same zoning classification as the District at Eastover. The CMU-1 classification allows many uses that could occur, most of which are incompatible with a residential street.”
Baker said he and his wife “do have a problem with an uncontained outdoor bar across the street from our front door on a fully residential street, and we do have a problem with the fact that the Sharps think ignoring the law is a sound basis for a rezoning.”
He said what he ultimately wants is for the Sharps “to obey the law like every other citizen is required to do.”
