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HomeMy WebLinkAboutApplicant Follow Up Comments to Staff 0721201 Planning Staff Comments (July 21, 2020) Item Number: 4 File Number: Z-8411-A Title: Harrell Room/Boarding House-Special Use Permit 3221 West Markham Street Follow-Up Correspondence via Email 07/21/20 From: Dr. Nannette Harrell, Phd. <drnan@fastwhimsy.com> Sent: Tuesday, July 21, 2020 4:36 PM To: Moore, Monte <MMoore@littlerock.gov> Cc: Director Webb <kathywebb14@gmail.com>; harry@fastwhimsy.com Subject: RE: Request for additional information on PRD vs SUP Dear Mr. Moore, After our discussion on Friday, July 17, I decided to review the ordinances that affected our request for a PRD versus a “Special Use Permit”. During our conversation, you indicated that we should apply for the “Special Use Permit”, rather than the PRD. On Friday, I explained our business plan. You asked if we were going to be an AirBnB. I indicated we do plan to advertise in online rooming or boarding services, such as AirBnB, VRBO, HomeAway, etc. (Additionally, rentals for 1 to less than 12 months often use these services to advertise.) However, I explained we definitely wanted to use these services to help fill rental space if the longer term rentals are not scheduled. Last, after researching and reviewing the minutes of previous requests from other individuals in the city of Little Rock, a PRD was recommended in every case. During that conversation, you stated there was no two week limitation on a Bed and Breakfast, and indicated this was why you thought the “Special Use Permit” would be the proper direction to take. However, in Chapter 36 – Zoning, under Article I – In General, Sec. 36-3 – Same –Uses, the definition of a Bed and Breakfast is: “Bed and Breakfast house means an owner occupied single-family residence which contains no more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days”. The issue here is that we would like to focus our business on short-term rentals for traveling nurses and business executives. With this goal, we plan to rent the main floor of our house (3 bedrooms, living room, kitchen, dining, utility room and office) from 1 month to less than 12 months. This goal would mean we could not qualify as a bed and breakfast. Additionally, I indicated that we plan to obtain any permits/licenses to serve food and provide that as an option in our customers. The ordinance for serving food in a Bed and Breakfast is found in Chapter 36 – Zoning, Article II – Administration and Enforcement, Division 1 – Generally, Sec. 36-54 Special Use permits. You indicated my husband and I could offer food services with a Bed and Breakfast. However the following is stated under item (e) Development criteria. The site and location criteria for uses requiring special use permits are as follows: (1) Bed and breakfast hotels: 2 a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. Lastly, our business plan included the ability to have executive retreats, where multiple executives from one organization can hold planning or training meetings, for an additional fee. The Bed and breakfast hotel is not allowed to hold such meetings based on Chapter 36 – Zoning, Article II – Administration and Enforcement, Division 1 – Generally, Sec. 36-54 Special Use permits. (1) Bed and breakfast hotels: d. No receptions, private parties or tours for a fee are allowed. The other option was the Boarding house, which is defined under Chapter 8 – Building and Building Regulations, Article V – Housing Code, Division 1 – Generally, Sec. 8-327 Definitions: “Boarding house means a rooming or lodging house where meals are provided. “ Additionally, a definition of rooming house is found at Chapter 8, Article V, Division 3 – Minimum Standards, Part A – General Provisions, Sec. 8-402: “Rooming unit means any room or group of rooms forming a single habitable unit used for or intended to be used for living and sleeping, but not for cooking or eating purposes. “Rooming unit” shall be construed as if followed by the words “or part thereof”. In Chapter 8, Building and Building Regulations, Article V – Housing Code, Division 3 – Minimum Standards, Part A – General Provisions, Sec. 8-402 Rooming houses: (a) Generally. No person shall operate a rooming or boarding house, or shall occupy or let or sublet to another for occupancy any rooming unit in any rooming or boarding house, except in compliance with the provisions of every section of this article except the provision of sections 8- 403 and 8-407. If food preparation and/or eating facilities are provided, they shall be required to meet the requirements set forth under the rules and regulations pertaining to food service establishments as regulated by the Arkansas State Health Department. My husband and I will meet all inspection and permitting requirements. We wish to ensure we have the proper approval and therefore we are requesting a PRD for this proposed boarding house. We desire to meet the most stringent requirements. We welcome any inspections to ensure we are able to provide this service. In this regard, please reference the “Fire Marshal 7-8-2020” document, paragraph Z-8411-A 3221 West Markham: Full plan review. Please explain our responsibility for the “Full Plan Review”. Please explain our responsibility for the Little Rock Water “Capacity Fee Analysis”, found in the “LRWRA Comments” document. While we welcome these inspections, we do not want them to delay our approval on Aug. 27, 2020. The approval affects the business planning concerning any required changes or upgrades to the property. If the PRD is not approved, then there is no business basis to make any changes or to bear any additional expenses to meet other code requirements, as those requirements are then moot. 3 Please change our request to a PRD. Please find your previously requested information attached to this message. As per the Public Works Comments, we have provided a copy of the property survey. You gave us Special Use Permit notification signage, but we need one for the PRD instead. Thank you for your assistance and answers to our questions, Sincerely, Dr. Nan Harrell From: Moore, Monte [mailto:MMoore@littlerock.gov] Sent: Tuesday, July 21, 2020 3:04 PM To: 'Dr. Nannette Harrell, Phd.' <drnan@fastwhimsy.com> Subject: FW: Attached Image Dr. Harrell, Attached is the notice form you will use for the 8/27/20 Planning Commission hearing, for your Special Use Permit application. This is the notice you will send (certified mail) to all owners of property within 200 feet of your property, based on the list from an abstract company. If you have any questions or need assistance in filling out the form, please let me know. Thanks, Monte Moore Development Administrator From: no_reply_planning@littlerock.gov <no_reply_planning@littlerock.gov> Sent: Tuesday, July 21, 2020 2:20 PM To: Moore, Monte <MMoore@littlerock.gov> Subject: Attached Image