HomeMy WebLinkAboutZ-9500-A Denied 062521Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Andrew V. Francis
Barber Law Firm PLLC
425 W. Capitol
Little Rock AR 72201
Date: June 21.2021
Dear Mr. Francis
File No. Z-9500-A
Location: 3708 Garrison Rd.
Planning
Development
Building Codes
Issue: Appeal of Citty's denial of a Business License
for Home Occupation Accesso Use; Variance from
standards in See. 36-253 "hardship"
This is to advise you that in connection with your application, File No. Z-9500-A and 9500-B, the following action
was taken by the Board of Adjustment at its meeting on June 17 2021
(a) _ _ Approved the application as filed.
(b) Approved the application with conditions.
(c) X Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(f) See attached Board of Adjustment minute record for conditions.
(g) Other:
If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of
work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted
by the Board. Otherwise, the Board's approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have questions, please call me at (501)371-6817.
Sincerely,
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Tim Herndon, Development Manager
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JUNE 17, 2021
ITEM NO.: 5 Z-9500-A
File No.: Z-9500-A
Owner: Gary S. & Andrea R. Goodwin
Applicant: Andrew V. Francis, PA; Barber Law Firm, PLLC
Address: 3708 Garrison Road
Legal Description: On file
Zoned: R-2 (Single -Family District)
Variance(s) Requested: An appeal of the City's denial of a Business License for Home
Occupation Accessory Use.
Justification. The applicant's justification is presented in attached letter
dated March 16, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comments.
B. Landscaoe and Buffers:
No Comments.
C. Building Codes:
No Comments.
D. Staff Analysis:
Rezoning Application and Appeal -
3708 Garrison Road, aka Goodwin Manor, lies within the City of Little Rock extra-
territorial jurisdiction (ETJ), outside the City limit, and is zoned R-2 Single -Family
district. The property has been the residence of the Goodwin family for
approximately 25 years. The Goodwins advertise and rent/lease the property (indoor
and outdoor portions of the residence and grounds) for weddings, charitable
functions, and similar events.
Responding to a complaint, in October 2019 the City issued a Zoning Violation
Notice, stating operation of an event center is not allowed in the R-2 zoning district.
The owners subsequently communicated extensively with City staff in hopes of
resolving the violation. While the owners objected to a "commercial" designation,
staff then knew, and presently knows of no alternative to a commercial designation,
because Goodwin Manor operations involve the following:
- Advertising in a variety of publications and host sites, including own
website.
- Advertised rental of the venue.
- Stock in trade including advertised round tables, rectangle tables, chairs
and linens. (On -site or off -site source, type and quantity of equipment is
presently unknown.)
JUNE 17, 2021
ITEM NO.: 5 (CON'T.) Z-9500-A
- Musicians, bands and/or DJs for ceremonies, receptions, and parties.
- Food service personnel including caterers, servers and bussers.
- Other vendors including photographers, florists, bridal consultants, etc.
- Associated assembly, breakdown, equipment and facility maintenance
personnel.
- Equipment haulers, trash disposal, etc.
- Security provided on -site.
- Associated vehicles and parking.
In April 2020 the applicant filed an application to Little Rock Planning Commission
for rezoning of the property from R-2 to Planned Commercial Development (PCD).
Approval of PCD zoning would allow "events" or "events center" as an accessory
use at the Goodwin residence. However, the request was denied by the Planning
Commission by a vote of 4 ayes, 5 nays and 2 absent.
The applicant then filed an appeal of the Planning Commission denial of rezoning to
the Little Rock Board of Directors. In December 2020, the Board denied said appeal
by a vote of 4 ayes, 3 nays, 2 absent and 1 present (6 "aye" votes are required for
approval.)
Business License Application Denial and Appeal —
Following denial of rezoning by the Planning Commission and Board of Directors, in
March 2021 the applicant applied for a business license as a "Home Occupation
Accessory Use." Per Section 36-253(b)(6)(d), Planning and Development
Department is the authorizing agency for granting or denying and accessory use
permit, and the permit application was denied by Planning and Development
Department on the following grounds (additional staff comments in italics.)
Sec. 36-253(b)(6)a. Home occupations shall be permitted that will not:
2. Generate traffic, parking, sewage or water use in excess of what is normal
in the residential neighborhood.
Event activity at 3708 Garrison Road has proven to generate excessive traffic
in the neighborhood, and sewage and water usage will exceed normal
residential neighborhood use during events. The property will accommodate
200 guests, and site plans submitted by the applicant delineate parking for
approximately 80 vehicles.
3. Create a hazard to persons or property, result in electric interference or
become a nuisance.
Numerous complaints indicate events and/or directly associated activities are
perceived as a nuisance.
7. Limited to five hundred (500) square feet in area, but in no case more than
forty-nine (49) percent of the floor area in a dwelling.
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JUNE 17, 2021
ITEM NO.: 5 (CON'T.) Z-9500-A
Although floor area square footage used for events has not been plainly
disclosed by the applicant, event activities are certain to occupy more than
the 500 square feet maximum allowable by Code.
For example, the owners' February 3, 2020 letter to staff states, 'Five or fewer
rooms of our home are utilized..." In order for the allowable 500 square -foot
area to be adhered to, these five rooms would have to average 10' x 10' each
— which, separately or in total, would not accommodate 200 guests and/or
80+ automobiles expressed by the owners. In addition, space for
office/administration of the operation, dressing rooms for bride, groom,
wedding party and family, equipment and material storage, food preparation,
etc. is likely to occupy more than the 500 square feet allowed by Code (500
s. f. = less than a 23' x 23' area.)
Also, the Goodwins' September 4, 2020 letter to neighbors states, 'No
additional permanent structures are allowed other than the single [40' x 80']
proposed outbuilding shown on the site plan..." Said 3,200 s.f outbuilding
itself would be greater than eight times the square footage allowed by Code
for a Home Occupation Accessory Use.
Finally, the March 2, 2021 Application for Business License submitted by the
owner states, "Floor Area Used: Typically, no more than 3 rooms of the home,
totaling less than 25% of the floor area of the home." ...25% of the Goodwin
Manor floor area is roughly 3,500 square feet of the 14,102 total square -foot
structure, and is therefore not supportable as a Home Occupation Accessory
Use.
Note: the above criteria in Sec. 36-253(b)(6)a. must be met in order for City staff to
grant a business license.
In a March 16, 2021 cover letter accompanying this [subject] appeal of the Planning
and Development Department denial of the Home Occupation Accessory Use
business license, the applicant states:
"The Goodwins believe that due to the factors listed above, including but not
limited to the remote location of their property, the enormous size of the
property, the rural nature of the Ferndale neighborhood, the fact that the City
has stated the property is in the ETJ, and other factors support granting the
Goodwins' Applications for a Business License and Home Occupation
Accessory Use."
Staff hereby responds as follows:
In accordance with the City Code, "remoteness" is not a factor for
consideration in the context of Sec. 36-253, and while the subject site is
relatively far from other more urbanized neighborhoods, the site is not
remote relative to adjacent and nearby affected neighbors.
The "rural nature" of the neighborhood is not a factor in the context of Sec.
36-253.
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JUNE 17, 2021
ITEM NO.: 5 (CON'T.) Z-9500-A
The "enormous size" of the property is not a factor for consideration within
the context of Sec. 36-253, although staff notes the subject development and
parking area lies within 100 feet of the property boundary, near to adjacent
properties to the east.
As stated in the applicant's letter, the property lies within the Extraterritorial
Jurisdiction (ETJ,) over which the City of Little exercises land use and zoning
regulation authority, pursuant to Ordinance No. 15,814 (establishing zoning
districts within three miles of the corporate limits of Little Rock) and to
Resolution No. 8,170.
Additional Notes (staff comments in italics) -
Commercial Use
The April 2, 2020 PZD application submitted by the owners states, "Desired Use of
Property: Single Family Residence and part time wedding/event rental." As
evidenced by the content of this report and based upon ample information and
applications submitted by the owners, Goodwin Manor operates, and proposes to
operate, as a commercial use and business.
Frequency of Events
The Goodwins' February 3, 2020 cover letter states, "...we allow a limited number
of weddings to be hosted at our home, usually no more than 15-20 times a year."
The Goodwins' March 2, 2021 Application for Business License states, "Number of
events: Not to exceed twenty-four (24) events per year, so events will occur a
maximum of 24 days out of a 365 day year."
Relative Location
The Goodwins' February 3, 2020 cover letter states, "The tract which Goodwin
Manor sits on, is in the middle of the 80 total acres, which is owned by our family."
Per the attached site plan, it is apparent the parking lot is generally adjacent to
(within 100 feet of) off -site properties to the east.
Access
Access to Goodwin manor is via an existing 1,600-foot drive from Garrison Road to
the north, and via a 1,100-foot drive to the south.
These drives are not constructed to public street standards and are suited to low -
volume private residential use, shared by area residents. While the Goodwins have
stated they will widen, pave and illuminate these roadways "if their application is
approved," doing so would impact area residents by creating a formal thoroughfare
for approaching and departing Goodwin Manor attendees. Prospective off -site street
lighting (for what is essentially a private drive) would be out of character with the
surrounding neighborhood.
The Board of Adjustment is asked to determine if Staffs denial of a Business License
application for Home Occupation Accessory Use is appropriate pursuant to Section
36-253(b)(6)a of the Little Rock Code of Ordinances.
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JUNE 17, 2021
ITEM NO.: 5 CON'T. Z-9500-A
Staff read its report aloud, outlining actions leading to the applicant's request for a Home
Occupation Accessory Use Business License, and outlining the basis for Planning &
Development Department denial of said application.
Chairman Frank Allison, Chairman, provided a correction to the square footage stated in
para. 3, p. 3 of the Staff Report.
Andrew Francis represented the application, stating he understood two issues would be
voted on during the meeting: Issue 1) the applicant's appeal of the City's denial of a
business license for Home Occupation Accessory Use; and Issue 2) the applicant's
request for a variance due to hardship.
Regarding Issue 1, Mr. Francis disagreed with staff denial, and referred to a hand-out
while touching upon the following in support of the business license application:
- Staff "consideration" rather than strict adherence to code criteria
- Location of the subject property in relation to neighboring properties.
- Lack of City sewer and sanitation services provided to the subject site.
- Nuisance concerns.
- Elimination of a formerly proposed outbuilding.
- Calendar of scheduled events.
- Security protocol, traffic flow, noise control and lighting.
- No individual sale of food, alcoholic & non-alcoholic beverages to guests.
- Compliance with Home Occupation requirements.
- Water and wastewater treatment systems associated with the property.
Mr. Francis requested the Board overturn Staffs decision to deny the Home Occupation
application and reserved remaining time for further comment, if needed.
Chairman Allison requested Mr. Francis provide clarity regarding sale of alcoholic
beverages during events? Mr. Francis replied alcohol is served, but not sold to individual
guests on the premises.
Andrea Goodwin, applicant, addressed the Board and stated the following:
- She disagrees that Goodwin Manor can be defined as an event center.
- Goodwin Manor is committed to offering the residence for charitable causes.
- Her own furniture and event items are provided for use by guests.
- The property is primarily used as a residence, rather than a commercial
enterprise.
Mr. Francis and Ms. Goodwin yielded the remainder of their time for rebuttal, if necessary,
following opposition presentation.
T. J. Tolson, original subdivider of the neighborhood, addressed the Board in opposition
to the application. Mr. Tolson stated the community covenant is structured such that
commercial uses and/or nuisance uses are not permitted. He stated Goodwin Manor is
adjacent to neighboring properties and traffic is a concern.
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JUNE 17, 2021
ITEM NO.: 5 CON'T. Z-9500-A
Ms. Fletcher -Priest and Julie Favorite referred to a slide show while touching upon the
following, in opposition to the application:
- Proximity to neighbors
- Quantity of attendees, attendee parking, traffic volumes, and roadway
conditions
- Alcohol consumption
- Quantity of support staff and services
- Septic system use in relationship to neighboring water wells
- Music and noise
- Vendors and event attendees venturing onto neighboring properties
- Probable cost of events and profit implications
- Number of events, weekend and holiday events, events continuing beyond
advertised time(s)
Michael Spann, unable to attend via Webex due to technical issues, expressed opposition
to the application.
Kerry Smith addressed the Board in support of the application. She stated she is a
longtime neighbor and has not experienced noise or traffic issues regarding events at
Goodwin Manor. Chairman Allison asked Ms. Smith if her property adjoins Goodwin
Manor. She replied no.
Applicant Goodwin responded to opposition comments. She stated Goodwin Manor is not
part of the adjacent subdivision and is not included in neighboring covenants. She stated
there have never been issues concerning emergency vehicles or emergency access, and
no police reports regarding traffic, parking or noise. She addressed installation and rating
of the septic system, and compliance with the Arkansas Department of Health regarding
occupancy and sewer service.
Chairman Allison provided additional time for speakers in support and/or in opposition to
the application.
Julie Favorite addressed the Board in opposition to the application.
Board Member Grinder asked Mr. Francis for clarification of Sec. 36-253 regarding the
use of single-family residences and home occupation. Francis stated his opinion that the
code should be "considered," not necessarily taken literally, regarding space limitations
for home occupations.
Chairman Allison asked Mr. Francis what constitutes a nuisance. Francis replied if any
activity met the City's definition of a nuisance, Goodwin Manor would have been cited.
He stated the events are periodic, temporary, and not continuous.
A motion was made and seconded for Issue 1, to support Staffs recommendation to deny
the business license.
N.
JUNE 17, 2021
ITEM NO.: 5 CON'T. Z-9500-A
City Attorney asked each Board member to state the reason(s) for his or her vote.
Chairman Allison voted to uphold staff denial, stating nuisance concerns.
Vice Chairman Bertram voted to uphold staff denial, stating traffic and nuisance concerns.
He stated the events held are not suitable within a single-family residential context.
Member Grinder voted to uphold staffs decision, stating denial is appropriate within a
single-family context.
Member Justus voted to uphold staffs denial, echoing concerns of other members.
Board Member Lashley voted to uphold staffs denial, stating events exceed uses allowed
for single-family residences.
The vote was 5 ayes, 0 noes and 0 absent. The motion to uphold staffs denial of the
Home Occupation Accessory Use Business License was approved.
The second issue (Issue 2) regarded the approval of a hardship variance.
Again, City Attorney stated for the record each Board member vote and provide reason(s)
why they oppose or support the hardship variance.
A motion was made and seconded for Issue 2, to approve the applicant's request for a
variance on the basis of hardship.
Chairman Allison voted to deny a variance on the basis of hardship, stating no justifiable
hardship had been demonstrated by the applicant. Board member Bertram agreed.
Member Grinder voted to deny, stating in his opinion the hardship was created by the
applicant. Members Justus and Lashley echoed Chairman Allison's reason for denial.
The vote was 0 ayes, 5 noes and 0 absent. The motion to approve the requested hardship
variance was denied.
During the final order of business, Staff requested the Board members elect a new Chair
for upcoming Board meeting. Board member Grinder was unanimously elected to serve
as Chair for future Board of Adjustment meetings.
As a final order of business, the Board elected Austin Grinder as Board of Adjustment
Vice -Chair until at least February 2022 (Vice -Chair asked to step down as Vice -Chair, yet
remain on the Board until at least February 2022.)
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