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HomeMy WebLinkAboutZ-9891-A Action Letter (2)Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Planning Development Building Codes Mr. Steve Giles ____________________ File No: Z-9891-A 200 West Capitol Avenue, Suite 2300 Location: 205 North Woodrow Street Little Rock AR 72201 __________________ Issue: Appeal Date: July 19, 2024____ Dear _Mr. Giles . This is to advise you that in connection with your application, File No. _Z-9891-A_, the following action was taken by the Board of Adjustment at its meeting on July 18, 2024_: (a)____X__ Approved the appeal as filed. (b) Approved the application with conditions. (c)________ 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) 371-6821. Sincerely, _____________________________________________ Romie G. Price, Plans Development Administrator RGP/aa JULY 18, 2024 ITEM NO.: 3 Z-9891-A 1 File No.: Z-9891-A - Appeal Owner: Tara J. Tinnin Applicant: Stephen R. Giles (Agent) Address: 205 N. Woodrow Street Legal Description: On file Zoned: R-3 Variance(s) Requested: An appeal of the Special Use Permit denial. Justification: The applicant’s appeal is presented in the letter dated March 26, 2024. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: No Comments. C. Building Codes: No Comments. D. Staff Analysis: 205 North Woodrow Street lies within the limits of the City of Little Rock and is zoned R-3 Residential. The property has been utilized as a residence since construction. The property was recently purchased by Tara J. Tinnin. In November 2023 the applicant filed an application to The Little Rock Planning Commission for Group Home Special Use Permit at the residence. The application was denied at the January 11, 2024, hearing of the planning commission. In February 2024, the applicant filed another application at this property for the same use, with the only change being the number of occupants (14 to 11) in the home. It was staff’s interpretation that they did not comply with rules for reapplication after denial, which is spelled out in the zoning code and in the Planning Commission bylaws (E)(7)(c), and which states, “No identical or substantially identical application concerning a specific parcel or parcels of land that has been denied by the Planning Commission or Board of Directors may be made for a period of one (1) year.” According to Dictionary.com, the definition of “substantially” is as follows: “By an ample or considerable amount; quite a lot.” JULY 18, 2024 ITEM NO.: 3 (CONT.) Z-9891-A 2 On February 26, 2024, the City issued a letter to Stephen Giles at Wright, Lindsey, Jennings stating that the property had failed to comply with the Group Home Code of Ordinance and the proposed use as a group home does not meet the code requirements for submittal. Staff Comments: “The Planning & Development staff has reviewed your application for the above- referenced property. We have determined this application is identical or substantially identical to the previously submitted application which was denied by the Little Rock Planning Commission at their January 11, 2024, meeting. The proposal to reduce the number of residences from fourteen (14) to eleven (11) is not a substantial change in the application. Therefore, your application for the Special Use Permit for 205 N. Woodrow Street application has been denied.” Furthermore, it was stated to the applicant what staff would consider “substantial” to be: “It is the Planning & Development staff’s opinion that a reduction to six (6) proposed individuals at this residence would represent a substantial change in the application and could be reviewed by the Little Rock Planning Commission.” In March 2024 the applicant filed an appeal to Little Rock Board of Adjustment contesting the staff’s administrative decision that the application is not substantially different from the original denied application. The Board of Adjustment is asked to determine if staff’s administrative decision that the SUP application cannot be filed is appropriate based on the zoning code and the Planning Commission bylaws. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were seven (7) persons registered in opposition. Staff presented the item and a recommendation of denial as noted by Staff. Cameron T. Bowden, Deputy City Attorney, addressed the Board to establish guidelines for discussion regarding group homes and ADA criteria. Attorney David Parker was present, representing the application. Mr. Parker addressed the Board to discuss Staff’s determination between the terms “substantial” and “identical.” Mr. Parker referenced a letter submitted to Staff, however, Staff noted there was no record of the letter on file. Mr. Paker offered to read the letter. JULY 18, 2024 ITEM NO.: 3 (CON’T.) Z-9891-A 3 Sherri Lattimer, Deputy City Attorney discussed the difficulty of the reading because one (1) Board member’s attendance was virtual. She noted the possibility of oversight on the applicants and/or Staff part regarding the letter. She stated if the oversight was by Staff, the City would pay for notices, if required. There was a brief discussion about the correspondence and Staff not having a record of it on file. Mr. Parker stated that the correspondence will be provided to Staff following the meeting. Mr. Parker discussed the matter with his client. It was decided to defer the item to the July 18, 2024 meeting. There was a motion to defer the item to the July 18, 2024 meeting and seconded. There was no further discussion. The vote was 4 ayes, 0 nays and 1 absent. Board of Adjustment (JULY 18, 2024) David Parker was present, representing the application appeal. There were four (4) objectors present. Staff presented the application for appeal. David Parker addressed the Commission in support of the application. He briefly described the project, noting that his client had requested to have more than four (4) residents and that the original SUP application was for two (2) different locations. He further stated the property had been in operation for three (3) years and that the original application had been modified as recommended by the Planning Staff with a lower number of residents and parking added to the property. Jay Wills addressed the Commission. He stated that he lived at 128 North Woodrow and that he opposed the application and that a single-family home should not be allowed to be utilized as a dormitory type occupancy. Elana Wills addressed the Commission. She stated that he lived at 128 North Woodrow. She stated the Little Rock Planning code did not include a definition of “substantial change” and that the attorney representing the property owner was referring to court cases related to the IRS and tax codes. She further stated that the occupancy of the property has not changed and that simply moving the parking from the street on to the property did not solve the problem as stated by Mr. Parker. Daniel Bryant addressed the commission. He stated that he lived at 209 North Woodrow and that he was opposed to the current use of the property as a dormitory. Michelle Shaw addressed the commission. She stated she was in the process of purchasing the property at 129 North Woodrow and that she was opposed to the current use of the property. She further stated that because of the current use she would be withdrawing her offer to purchase the property. JULY 18, 2024 ITEM NO.: 3 (CONT.) Z-9891-A 4 There was a discussion by the PC with Mr. Parker regarding the differences in the original application and the second one under appeal, how parking was addressed on the property. David Parker addressed the commission. He stated that his client did make “substantial Changes” in the application which did not provide a terminological definition of how large or small the change should be and is currently operating the property and would consider litigation based on the outcome of the hearing. There was a motion to approve the appeal as stated. The motion passed by a vote of 4 ayes, 0 nays, 0 absent, 1 Abstain.