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HomeMy WebLinkAboutLetter of Intent 031621 ANDREW V. FRANCIS E-MAIL ADDRESS: AVFPA@SBCGLOBAL.NET ANDREW V. FRANCIS, P.A. ATTORNEY AT LAW 2311 BISCAYNE DRIVE, SUITE 205 LITTLE ROCK, AR 72227 TELEPHONE (501) 954-7390 March 16, 2021 Mr. Monte Moore Development Administrator Planning and Development Department City of Little Rock 723 W. Markham St. Little Rock, AR 72201 Via Hand Delivery RE: Goodwin Manor, 3708 Garrison Road, Little Rock, Pulaski County, Arkansas 72223 Appeal from Staff Decision; and Request for Variance from Home Occupation Provisions of R-1 Zoning Ordinance, Section 36-253(b)(6) __________________________________________________________________ Dear Mr. Moore: Mark Stodola of the Barber Law Firm, PLLC, and I represent Gary and Andrea Goodwin in the above-referenced matters. Enclosed please find the following documents. 1. Application for Business License and Home Occupation Accessory Use Application for Goodwin Manor, both dated March 2, 2021; 2. Email from City of Little Rock dated March 12, 2021, denying Home Occupation Accessory Use Application for Goodwin Manor dated 02/02/2021; 3. Application for Zoning Variance (hardship variance) for Goodwin Manor; 4. Application for Zoning Variance (appeal of staff decision) for Goodwin Manor; 5. Twelve (12) copies (six copies for each variance application) of a boundary survey of the Goodwin property at 3708 Garrison Road and access easement to Garrison Road dated January 27, 2020, by Johnston Surveying, Inc.; 6. Twelve (12) copies (six copies for each variance application) of a site plan of Goodwin home dated January 27, 2020, by Johnston Surveying, Inc.; 7. My firm check in the amount of One Hundred Dollars ($100.00) as the filing fee for the hardship variance application; and 8. My firm check in the amount of Seventy-Five Dollars ($75) as the filing fee for the appeal of staff decision. Below is a discussion of these applications and the facts supporting the Goodwins applications. Page 2 Mr. Monte Moore March 16, 2021 ______________________________ Facts Since 2001, the Goodwins have lived in a large, manor-style home secluded on 83 +/- heavily- wooded acres in far western Pulaski County. The Goodwins have always entertained at their home and used the home for events and gatherings. For the past several years, the Goodwins have occasionally used a small portion of their property to host charitable events and weddings, averaging two per month with the total number of events having never exceeded more than 27 events in a single year. The Goodwins have vehicular access to their home over two non-exclusive easements – one from Garrison Road, and another over an easement that runs from a gate on Kanis Road to a gate on the Goodwin property (the “Kanis Easement”). The Kanis Easement includes the right for the Goodwins as well as their “invitees” to use the easement. Around the year 2019, some of the owners of the other properties that use the Kanis Easement began to object to the Goodwins’ use of the Kanis Easement. On or about October 14, 2019, shortly after the dispute over the Kanis Easement arose, the Goodwins received a Zoning Violation Warning Notice from the City of Little Rock that stated the Goodwins were in violation of the City of Little Rock Zoning Ordinance by using their home as an “event center.” After receiving the Zoning Violation Warning Notice, the Goodwins contacted the City. The City told the Goodwins that the only way to resolve the violation was to petition the City to rezone their property as commercial. The Goodwins are now, and always have been, adamantly opposed to any designation of their property as “commercial.” The primary use of the Goodwin home has always been as their family homestead. Even with the limited number of weddings and charitable events the Goodwins host, they still view their home as a residence and not a commercial property. On average it is their exclusive residence a minimum of 340 days per year. Nevertheless, after numerous discussions with the City, the Goodwins agreed to follow the City’s recommendation and file an Application for a Planned Zoning Development (the “Application”). On or about April 2, 2020, the Goodwins filed the Application with the Little Rock Planning Commission to rezone their property from R-1 to PCD to allow the continued occasional use of a small part of their property to host charitable events and weddings. The City recommended the Planning Commission approve the Goodwin’s Application. On or about September 24, 2020, the Little Rock Planning Commission heard the Application and voted 4 ayes, 5 nays, and 2 absent, resulting in a denial of the Application. The Goodwins timely filed and perfected an appeal of the Planning Commission’s denial of the Application to the Little Rock Board of Directors. On December 1, 2020, the Board heard the appeal of the Application from the Little Rock Planning Commission. The City conducted the December 1, 2020, Board meeting in person and with some Directors participating via Zoom or other digital means. There were some apparent technical difficulties with these digital connections that may have prevented some Directors from fully hearing presentations, Page 3 Mr. Monte Moore March 16, 2021 ______________________________ participating in the meeting, or even voting. Nevertheless, the City forged ahead with the public hearing on the Application and the Board’s vote was 4 ayes, 3 nays, two absent, and one “present” vote. Because the Application did not obtain 6 votes in its favor, the Application was deemed denied. The Goodwins have filed an appeal of the Board of Directors decision with the Pulaski County Circuit Court, and that appeal is now pending. The Goodwins were informed by the City that their property is withing the extraterritorial jurisdiction of the City and that it is zoned R-2. Little Rock City Code Section 36-254(b)(2) (the R-2 zoning ordinance) states that other uses permitted in the R-2 zone are home occupations as in the R-1 district. Section 36-253(b)(6) (the R-1 zoning ordinance) contains the specific provision related to home occupations. There are three general classifications under the home occupation provisions – permitted uses, prohibited uses, and uses that are neither permitted nor prohibited. First, Section 36-253(b)(6)(a) states that home occupations shall be permitted if they do not violate eleven factors. Second, Section 36-253(b)(6)(b) lists several categories of home occupations that will be permitted if they do not violate the aforementioned eleven factors. Section 36-253(b)(6)(c) lists twelve home occupations that are completely prohibited. Section 36-253(b)(6)(d) addresses those home occupations that are neither expressly permitted nor expressly prohibited by the ordinance. Goodwin Manor falls into this category. Such uses require an accessory use permit that is granted or denied by city staff. If staff does not grant the permit, then the applicant can appeal staff’s decision to the Board of Adjustment. As an alternative to resolving these issues in court, the Goodwins filed an Application for Business License and a Home Occupation Accessory Use Application. The application included a set of conditions that Goodwin Manor would comply with during any charitable function or wedding. A copy of the applications and conditions are attached to this letter. Planning Department staff met with the Goodwins and reviewed their applications. On March 12, 2021, staff notified the Goodwins that it was rejecting their application. Appeal from Staff Decision The first application the Goodwins are filing with the Board of Adjustment is an appeal of staff’s decision to deny the Application for Business License and Home Occupation Accessory Use Application. 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 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. The Goodwins respectfully request that the Board of Adjustment reverse the Page 4 Mr. Monte Moore March 16, 2021 ______________________________ decision of staff denying the Business License Application and Home Occupation Accessory Use Application and grant the application. Variance The second application the Goodwins are filing with the Board of Adjustment is a request for a variance from the provisions of Section 36-253(b)(6). Even if the Board of Adjustment finds that staff correctly denied the applications pursuant to the standards set forth in Section 36-253(b)(6), the Goodwins respectfully request a variance from those provisions to allow the Goodwins to continue to host occasional charitable functions and weddings, subject to all of the conditions attached as Exhibit A to the Application for Business License and Home Occupation Accessory Use Application, which the Goodwins incorporate into this variance application by this reference. The Goodwins believe that the facts stated above show that it would be an undue hardship to require the Goodwins to comply with the provisions of Section 36-253(b)(6). Hearing I have a copy of the City’s notice form from the Planning Department website. I will obtain the abstract company list of owners withing 200 feet of the Goodwin property, mail the required notices, and provide you with proof of mailing within the time required. I will obtain a notice sign and my client will post it on the property in accordance with applicable requirements. I will provide you the Affidavit from the Goodwins authorizing my firm and the Barber Law Firm, PLLC, to represent them in these matters. Please schedule both applications for a hearing before the Board of Adjustment at its next regular meeting and notify me of the date of the hearing. Thank you very much and please don’t hesitate to contact me if you have any questions or comments or if you need anything else from me or my clients. Cordially, ANDREW V. FRANCIS, P.A. Andrew V. Francis /avf Enclosures Page 5 Mr. Monte Moore March 16, 2021 ______________________________ cc: Gary S. Goodwin Andrea Goodwin Mark Stodola