HomeMy WebLinkAbout2020.9.23-24 EmailsFrom: Common Ground <commongroundar@gmail.com>
Sent: Thursday, September 24, 2020 12:40 PM
To: Herndon, Tim <therndon@littlerock.gov>
Cc: Collins, Gilbert <gcollins@littlerock.gov>; Moore, Monte <MMoore@littlerock.gov>
Subject: Re: 1623 Rock St. APPLICATION
Tim:
The 1933 deed that I provided was obtained from a title company. I am requesting a certified copy from
the Clerk.
I must return to the definition provided in the code to properly respond to the effect of the 1953 deed.
"Lot of record" is defined by Little Rock Municipal Code, Sec. 31-2 as "any tract, lot, parcel or legally
describable ownership existing prior to December 19, 1978. In order to qualify, a public record such as a
deed or plat shall be required."
I must highlight the included mention in the definition of a plat as an appropriate method of
demonstrating the existence of a "lot of record." A plat does not, in and of itself, evidence separately
deeded, separately owned property. It merely reflects a larger area partitioned into legally describable
areas, generally lots and blocks. The definition includes this as a proper method of identifying a legally
describable area qualifying as lot of record, so long as it was filed before the 1978 date. While the
purpose of a deed is to convey or transfer an interest in an area of land, it does so by the inclusion of
legal descriptions. The 1953 does not convey the portions of Lot 6 to distinct owners, but it does convey
the two parts as two parts, each having a distinct legal descriptions, and the definition does not state
that a deed must create distinct ownership, but merely reflect legally describable ownership - i.e.,
identify the land area(s).
I do not have the information required to provide information on the complete chain of title, and I
should note that the definition doesn't require it. Again, if there is a provision in the code that
extinguishes a lot of record, once created, please identify it. Again, I'm only asking that the definition be
applied consistently and exactly as written.
Respectfully,
Adam Fogleman
From: Herndon, Tim
Sent: Thursday, September 24, 2020 10:47 AM
To: 'Common Ground' <commongroundar@gmail.com>
Cc: Collins, Gilbert <gcollins@littlerock.gov>; Moore, Monte <MMoore@littlerock.gov>
Subject: 1623 Rock St. APPLICATION
Hi Adam. Thank you for the additional info.
Can you help me understand how the 95 feet purportedly conveyed via warranty deed by Breitzke to
Becker in 1933, came back into Mr. Breitzke’s possession to enable him to quit claim it to Mrs. Breitzke
twenty years later, in 1953? Absence of a stamp, seal, signature or recorded book-and-page on the 1933
deed document you provided begs this question. Please respond.
Otherwise, the 1953 quit claim deed provides no evidence of a separately deeded, separately owned
property; the 1953 deed merely describes one lot (Lot 6) in two parts, with no instrument distinguishing
those parts.
Your last emailed attachment does seem to be a step closer to resolution. Based on your forthcoming
response, I’ll hope to promptly arrive at a conclusion. Thanks again. – Tim
From: Common Ground <commongroundar@gmail.com>
Sent: Thursday, September 24, 2020 9:00 AM
To: Herndon, Tim <therndon@littlerock.gov>
Cc: Collins, Gilbert <gcollins@littlerock.gov>; Moore, Monte <MMoore@littlerock.gov>
Subject: Re: 1623 Rock St. APPLICATION
Tim:
Thanks for the phone call this morning. As I mentioned on the phone, I preferred not to submit the
attached deed, because of an abhorrent provision it contains; however, based on your conclusion that
the deed previously submitted does not satisfy the definition of a "lot of record," I am submitting the
additional deed for your review. As you will see, the deed filed at Book 237, Page 116 conveyed the west
95 feet of lot 6, block 52 of the original City of Little Rock. The deed, filed Feb. 25, 1935, was completed
by the parties in 1933. It transferred ownership of only the west 95 feet of lot 6, block 52. I have also
attached the 1939 and 1950 Sanborn Fire Insurance maps. Both Sanborn maps show the existence of a
structure marked "D," indicating a dwelling, addressed as 406 along 17th Street. I will also note a line
running north-south depicting the approximate boundary line between the two portions of Lot 6, as
described in the 1933 and 1953 deeds.
I had a very similar conversation with Mr. Moore and Alex Koenig in late March and early April of this
year regarding the information required to demonstrate the existence of a lot of record for the purpose
of having the city recognize it as individually developable and subject to the variance process, instead of
requiring a replat of a lot or a PRD. That prior conversation was regarding a similar application for
variance for 412 E. 16th Street, which was approved and is now under construction. During that
conversation, I was informed that a public record, such as a deed filed in the 1970s or earlier, must be
provided to demonstrate that the area met the definition of a lot of record. As you know, prior to the
adoption of the subdivision code, lots were often split or reoriented without replatting, and the
definition of "lot of record" acknowledges this and continues the city's recognition of those lots as
individually developable, even in the absence of a conformity with the "new" subdivision code.
Little Rock's subdivision code includes the definition of a "lot of record." See Sec. 31-2 ("any tract, lot,
parcel or legally describable ownership existing prior to December 19, 1978. In order to qualify, a public
record such as a deed or plat shall be required.").
The attached deed demonstrates that the west 95 feet of lot 6, block 52 was recorded as a separate
legally described area, distinct from the east 45 feet of lot 6, block 52 in both description and ownership.
I am not aware of a code provision that extinguishes a lot of record on the occurrence of events such as
common ownership or use of a cumulative description in a deed, instead of a description of its parts. If
such a provision, or such events, exist to extinguish a lot of record, please point me to the code section.
Otherwise, I only ask that the definition of "lot of record" be applied consistently and exactly as written -
no more, no less.
Thank you,
Adam Fogleman
Common Ground is building community, one beautiful house at a time.
On Wed, Sep 23, 2020 at 5:05 PM Herndon, Tim <therndon@littlerock.gov> wrote:
Dear Adam –
I’m sorry to inform you the Planning & Development Office has reviewed your submittal in detail and
concluded the 45-foot by 50-foot portion of Lot 6, Block 52, Original City of Little Rock is neither a lot nor
tract of record, and unfortunately your application can not be processed as such. A variance or variances
conventionally granted to lots will not apply, as evidenced by the 2019 deed of sale to JC Tread Not, LLC
(attached.)
This office acknowledges the subject ground was deeded as “the East 45 feet” in a 1953 quit claim, most
likely due to the presence of some kind of structure upon it at the time. We know of no evidence the
property was ever subdivided, nor of evidence of an existing “406 E. 17th Street.”
In order to proceed with development of what is today the rear portion of 1623 Rock Street, a re-plat
application could be submitted by you, although staff support of such a non-conforming and variance-
laden proposal is unlikely. Also, due to the need for multiple variances, such an application would be
subject to a decision by the Planning Commission and would not be eligible for in-house administrative
approval.
An alternate form of recourse may be to submit a Conditional Use Permit application for an “accessory
dwelling,” intended as a rental property. In this scenario, an accessory dwelling would necessarily
remain part of “Lot 6, Block 52.” Please plan to discuss with Monte Moore of this office (501)371-4792,
if such a prospect is of interest.
Sorry for the bad news, otherwise best of luck in all future pursuits.
Sincerely,
Tim A. Herndon, Development Manager
City of Little Rock | Planning and Development
723 W. Markham Street | Little Rock, AR 72201
Main: (501)371-4790 | Direct: (501)371-6817
Email: therndon@littlerock.gov
Website: https://www.littlerock.gov/