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HomeMy WebLinkAboutEmail Correspondence - Email from D. Parker 062824From: Jordan, Bradley S. <bjordan@littlerock.gov> Sent: Friday, June 28, 2024 1:30 PM To: Moore, Monte <MMoore@littlerock.gov>; Thrower, Torrence <tthrower@littlerock.gov>; Stafford, Debra L. <dstafford@littlerock.gov> Cc: Jeremiah Russell <jeremiah@roguearch.com>; To: Frank Allison <fallison@ecilr.com>; Austin Grinder <austingrinder@arkansas.net>; James Harkins <James@bwdevelopment.com>; Rick Bertram <rick@bertramrealestate.com> Subject: FW: 822 Monroe; 205 N. Woodrow Please put these documents in their respective files. Thanks! /  Bradley Jordan   Development Manager  Department of Planning and Development   O: 501-371-6817  bjordan@littlerock.gov  / / / / /    From: Latimer, Sherri <slatimer@littlerock.gov> Sent: Wednesday, June 26, 2024 8:30 AM To: Dave Parker <DParker@dkrfirm.com>; Bowden, Cameron T. <cbowden@littlerock.gov> Cc: Jordan, Bradley S. <bjordan@littlerock.gov> Subject: RE: 822 Monroe; 205 N. Woodrow Dave, thank you for your email. I will forward these documents to Mr. Jordan. Brad will ensure that the Board receives them before the hearings. As for the notice, you raise a good point. I’ll defer to Brad on that issue. Feel free to contact me or Cameron if you wish to discuss this matter further. Be well, Sherri /  Sherri Latimer    Deputy City Attorney  Office of City Attorney   O: 501-371-6841  slatimer@littlerock.gov  / / / / /    From: Dave Parker <DParker@dkrfirm.com> Sent: Tuesday, June 25, 2024 4:56 PM To: Bowden, Cameron T. <cbowden@littlerock.gov>; Latimer, Sherri <slatimer@littlerock.gov> Cc: Callie Proctor <cproctor@dkrfirm.com> Subject: 822 Monroe; 205 N. Woodrow CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cameron and Sherri, I wasn’t sure if a copy ever made it to ya’ll, so the two appeal letters are attached and the original email to Brad Jordan is below.  Brad also received a hard copy on 3/26/24.  These appeal letters are “substantially identical” except for the part about the Monroe house being below the presumptively approved number of residents.  The only issue for this board to decide are whether the recent applications are “identical or substantially identical” to the prior applications.  The description given prior to the last hearing was that they were deciding whether the new applications were “substantially different.”  That is the opposite standard and is incorrect.  That’s why I kept jumping in. The primary bases for the denial of the first application were 1. Too many people in the houses, and 2. Not enough parking.  The high points of our second applications are that we have reduced the number of proposed residents in each house by around 30% and have eliminated the parking concern.  Each of those changes, alone, meets the requirement that the applications are not substantially identical to the prior applications.  Changing both is undeniable.  Mr. Jordan’s belief that the standard is whether the applications are “substantially changed” is incorrect; that is the opposite of the correct standard.  Any change makes them not identical.  He also doesn’t even consider that we have eliminated the parking problem. Again, this is a technical appeal and is not based on the merits of whether the neighbors are for or against the special use permits.  I can’t find in the code where notice should be given to all of the neighbors and they be given an opportunity to be heard.  That said, the only issue they should be heard on, if any, are whether these applications (which they have not seen) are “substantially identical” to the previous applications (which they never saw).  Because the neighbors’ opinions on this issue are irrelevant, we are likewise not flooding the meeting with neighbors who agree that the applications are not identical – it seems pointless.  We are very aware of which neighbors are against the final permit, but this is not the hearing where those opinions should be heard.  I don’t imagine we can stop anyone from speaking, but I would appreciate the city attorney or other “staff” limiting the comments to the single issue before the board.  Otherwise, I don’t know how else to keep the board on point besides obnoxiously objecting to every neighbor who wants to suggest they move to a minority neighborhood. Feel free to call if you want to discuss before the next hearing on 7/18/24.  Let me know if you need anything else from me. Thanks, David W. Parker DKRR | Dodds, Kidd, Ryan & Rowan 313 West Second Street Little Rock, AR 72201 501-375-9901 office 501-376-0387 fax  From: Ashley Gill <agill@mwlaw.com> Sent: Wednesday, March 27, 2024 4:55:02 PM To: Stephen R. Giles <sgiles@wlj.com>; BJordan@LittleRock.gov <BJordan@LittleRock.gov> Subject: Re: Appeal of Staff Decision   Mr. Jordan:   Mr. Giles may have already provided the attached to you but out of an abundance of caution given today’s filing deadline, I am attaching hereto a supplement to yesterday’s notice of appeal regarding Ms. Tinnin's appeals of the department staff’s adverse decisions to deny her applications for special use permits at 822 Monroe and 205 N. Woodrow.   Thanks, Ashley     From: Stephen R. Giles <sgiles@wlj.com> Sent: Tuesday, March 26, 2024 3:26:03 PM To: BJordan@LittleRock.gov <BJordan@LittleRock.gov> Subject: Appeal of Staff Decision     Mr. Jordan –   This is to inform you that Ms. Tara Tinnin plans to proceed with an appeal of City Staff’s’ decision to deny her applications for a Special Use Permit at 822 Monroe Street and 205 N. Woodrow Street in Hillcrest. We understand that the decision is based on staff’s opinion that the number of individuals proposed to live in the homes is excessive.     Please let us know when this item may be heard by the Little Rock Board of Adjustment.   Thank you and best regards,   Stephen   / Stephen R. Giles ATTORNEY 501.978.9934 | sgiles@wlj.com Wright, Lindsey & Jennings LLP 200 West Capitol Avenue, Suite 2300 | Little Rock, AR 72201 Main 501.371.0808 | Fax 501.376.9442 | wlj.com    ______________________________________________________ Confidentiality Notice: This electronic mail transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 688-8800 Little Rock, AR (479) 464-5650 Rogers, AR (512) 480-5100 Austin, TX or (870) 938-6262 Jonesboro, AR so that our address record can be corrected. ______________________________________________________