FAYETTEVILLE — For Fayetteville, autumn means plenty of overnight visitors for large events like Arkansas Razorbacks football games and Bikes, Blues & BBQ.
Though the Northwest region of the state has about 6,000 hotel rooms, some visitors prefer to rent private homes. With as many as 70,000 people in attendance for football games and three times that number for Bikes, Blues & BBQ , some say it's essential that visitors have more options than hotels. Craigslist, a Web site used for posting classifieds online, features weekend rental packages in Fayetteville. Bikes, Blues & BBQ , which has its own Web site, keeps a blog listing of available apartments and houses, some of which go for as much as $1,000 per night.
The problem is the zoning code in Fayetteville prohibits home rentals of less than a week. A typical rental for a football game or for the bikes festival falls into that category, however, meaning a home essentially becomes a hotel, which cannot legally be operated in a residential area.
Officials in Fayetteville say it's difficult to impossible to monitor unpermitted house rentals, and those who do rent their homes for less than a week probably won't be hauled into district court. But if neighbors complain, code officers would be obliged to ask questions.
"We don't want to go out of our way to strictly enforce the code if there's not a problem," said Fayetteville City Attorney Kit Williams. "If there was a complaint, it would be incumbent on planning and code enforcement to launch an investigation."
Code violations can trigger $500 fines and an additional $250 per day for ongoing violations in Fayetteville.
John La Tour, who operates HogParking overlooking Donald W. Reynolds Razorback Stadium in Fayetteville, said it would be foolish for the city to meddle in practices during events that help define Fayetteville and pump money into the economy. Hog-Parking, advertised on the Internet as HogParking.com, offers wireless Internet, shuttles to the stadium, overnight accommodations, ice and bathrooms.
The timber party decks at Hog Parking offer views of the stadium and glimpses at the giant scoreboard. The lush lawn can be used for parking and tailgating with tents. A wooden rack on the deck is used to hang a flat-screen plasma TV so fans can watch other games before, during and after the Razorbacks play.
"This is the best tailgating spot in the country," he said.
Parking spots go for as much as $1,179 per season. La Tour said he can sell as many as 100 spots per year, and that on game day, as many as 1,500 people can be on his property.
"The people who park closest to the stadium have the biggest dollars," he said.
CAMPING IN SPRINGDALE
In Springdale, officials are aware that houses are being rented out but have had no reason to enforce the code because there have been no complaints.
"I don't think it's allowed, but we've never had [a complaint] come up," Chief Deputy City Attorney Ernest Cate said.
Planning and Community Development Director Patsy Christie said the code doesn't allow nightly and weekend rentals but determining if such rentals are going on is troublesome.
Like Fayetteville, Springdale prohibits house rentals of less than a week. A violation carries a $1,000 fine and a fine of $500 per day for ongoing violations.
One ad on Craigslist is for a home on Don Tyson Parkway in Springdale. The three-day rental for the two-bedroom house goes for $900, with a maximum occupancy of six people. Another listing advertises $100 tent spaces in a shaded backyard.
Police Chief Kathy O'Kelley said, "I don't think [renting homes] is an unusual practice" in other parts of the country.
If police and code enforcement officers did want to investigate, it would be difficult to prove a violation had occurred.
"We're none the wiser if that was happening," O'Kelley said, noting that a homeowner can say the visitors were there for free.
Bikes, Blues & BBQ is only a weekend affair, O'Kelley said, so it's not a big deal that some houses are being rented out.
"It's a short event," she said. "I don't think the downside outweighs the benefit."
A bed and breakfast can operate in a residential zone if the Planning Commission grants a specific use permit.
Farmington and Prairie Grove, cities west of Fayetteville where bikers are known to lodge during the weekend rally, have no ordinances against home rentals. The city attorneys for both towns said they haven't heard of any problems associated with bikers staying in private residences.
GO HOGS
La Tour, who operates Hog-Parking only for home football games, said he's not worried that city officials might think he's running a commercial enterprise. And the dozens who sell parking spaces and rent their homes don't have much to worry about, either.
"There's too much momentum," La Tour said, referring to the volume of visitors for home games and Bikes and Blues. "It's gone on too long. If the city tries to stop it, they'll end up in court."
Not everyone sees the situation in the same light as La Tour.
Justin Eichmann, president of the University Heights Neighborhood Association, which includes the La Tour property, said he understands why La Tour does what he does, but he doesn't necessarily agree with it.
The traffic and noise of game day are aspects of the University Heights neighborhood that residents have to accept, as are parties and parking in the yards, Eichmann said. He said he also understands that people want to rent out their homes and sell parking spots to make money. And he doesn't see those practices ending anytime soon.
"I think it would be very difficult to stop," he said. "It's hard to enforce, and it's hard to identify."
Not everyone advertises their homes for use only during the five home football games this season.
"I think it's a slippery slope," Eichmann said. "Perhaps it can be explained away for football games. But when [home rentals are] expanded and advertised, it violates the spirit of single-family zoning."
There was an anonymous complaint lodged in May about The Hog Cottage, 461 N. Oliver Ave.
The residence is promoted for use during home games; Bikes, Blues & BBQ ; War Eagle Mill Arts and Crafts Fair; UA graduation; the NCAA baseball tournament; and the Wal-Mart Stores Inc. shareholders meeting. If the Hog Cottage were booked for all those events, visitors would be using the house throughout the year.
If residents don't like that, "They have a right to complain," Eichmann said.
The cottage is owned and operated by Steve and Carol Shadrach.Fayetteville sent a letter to the Shadrachs telling them about the complaint. In the letter, former planner Karl Lintvedt said the 1,100-square-foot home couldn't be rented out for less than a week because of zoning.
"Rentals at daily/nightly or weekend rates for your property at 461 N. Oliver Ave. are considered a non-residential use, which is neither a permitted nor conditional use," the letter says.
In his response letter of June 19, Steve Shadrach expressed dismay that Hog Cottage had prompted a complaint.
"I was a bit surprised that we were singled out in view of the many residents in the area who rent their homes out for Hog Games and Bikes, Blues & BBQ , and other major events," he wrote. "I believe they provide a great service for our community, campus and economy."
Shadrach complied with the city by having the Hog Cottage Web site edited to list only weekly rentals. The home was never shutdown, and the Shadrachs never received a fine.
Shadrach declined to comment for this article.
Fayetteville planner Jesse Fulcher said the city won't monitor sites like Bikes, Blues & BBQ , Hog Cottage and Hog Parking.
"We can't patrol what's on the Internet," Fulcher said.
Even if there are complaints, it's not likely La Tour and Shadrach will be paying stiff fines anytime soon.
"We're not looking to strong-arm anyone," said Williams. "We want to keep the peace."
Both the La Tour and Shadrach properties are in a residential zone. Neither property has a permit for a "private club or lodge," a category listed in the code that might apply to the properties. Another option would be for La Tour and Shadrach to seek commercial zoning, which if granted by the City Council, would allow them to operate a hotel or motel, Williams said.
La Tour, however, said he has no plans to seek new zoning. And neither should anyone else. Precedent, he said, is the most important consideration when it comes to game day.
"I'm not concerned," he said. "If I were the only one doing it [providing paid parking and accommodations], then I might be concerned. But we're serving the public."
Arkansas, Pages 15, 19 on 08/30/2009