HomeMy WebLinkAboutAppeal of Denial of Revised Special Use (205 N. Woodrow)
City of Little Rock
Department of Planning and Development
Attn: Mr. Bradley S. Jordan
723 W. Markham Street
Little Rock, Arkansas 72201
Re: Appeal of Administrative Decision Regarding Application of Special Use Permit
for 205 N. Woodrow Street, Little Rock, Arkansas 72205
Dear Mr. Jordan:
This letter is written in response to your letter dated February 26, 2024 (the “Denial Letter”), a
copy of which is attached hereto as Exhibit A and incorporated herein by reference as though fully
set forth word for word in this paragraph. The Applicant disagrees with the administrative
determination set forth in the Denial Letter, hereby appeals the same, and respectfully
requests a hearing before the Board of Adjustment for reconsideration of the administrative
determination as contemplated by Section 36-69(b)(1)(c) of the Little Rock Code of
Ordinances.
Background
Tara J. Tinnin (the “Applicant”) in her capacity as the sole member of Hillcrest Homes, LLC, an
Arkansas limited liability company (the “Owner”) previously submitted an Application for Special
Use Permit for the real property located at 205 N. Woodrow Street, Little Rock, Arkansas 72205
(the “Real Property”) on October 19, 2023 (the “Original Application”), which was denied on
January 11, 2024. A copy of the Original Application is attached hereto as Exhibit B and
incorporated herein by reference as though fully set forth word for word in this paragraph.
On February 20, 2024, the Applicant submitted a revised Application for Special Use Permit for
the Real Property (the “Revised Application”) for the express purposes of (a) reducing the number
of proposed residents from fourteen (14) to eleven (11); (b) establishing a maximum number of
vehicles that will be permitted at the Real Property at any given time upon issuance of a special
use permit; and (c) correcting and supplementing certain information provided with the Original
Application. A copy of the Revised Application is attached hereto as Exhibit C and incorporated
herein by reference as though fully set forth word for word in this paragraph.
On February 26, 2024, the Department of Planning and Development summarily denied the
Revised Application based on an administrative determination that the Revised Application “is
identical or substantially identical” to the Original Application.
Applicable Ordinances
Section 36-83 of the Little Rock Code of Ordinances provides as follows:
In determining whether to grant a requested amendment, the board of directors
may consider, among other things, the recommendations from the planning
commission and the designated department of the city having planning
responsibility and authority and use the provisions of the comprehensive plan,
master street plan, master parks plan, and community facilities plan, as well as
any other appropriately approved document created to provide the required public
facilities necessary to protect the public interest. The planning commission shall
consider, but shall not be bound by, the lawful provisions of a valid bill of
assurance for the subdivision within which the subject property is located when
determining the appropriateness of the proposed special use. No identical or
substantially identical application for the redistricting of a specific parcel or
parcels of land which has been denied by the board of directors may be made
for a period of one (1) year.
(emphasis added).
Section 36-69(b) of the Little Rock Code of Ordinances provides as follows:
Powers. The board has the following powers:
(1) Interpretation.
a. To interpret the application of the provisions of this chapter
in such a way as to carry out its stated purpose and intent.
b. To interpret boundary lines for districts in this chapter where
the street layout actually on the ground varies from the street
layout shown on the accompanying map.
c. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, determination or
interpretation made in the administration or enforcement
of this chapter.
In exercising the above-mentioned powers, the board may, in conformity
with the provisions of the law, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination appealed from
and may make such order, requirement, decision or determination as
ought to be made.
Appeal and Request for Reversal of Administrative Determination
This appeal is submitted in response to the Department of Planning and Development’s
administrative determination as set forth in the Denial Letter. The issue on appeal is whether the
Original Application and the Revised Application are “identical” or “substantially identical.” The
Applicant respectfully submits that they are not, and, as a result, requests that the Board of
Adjustment reverse the Department of Planning and Development’s administrative determination.
The Little Rock Code of Ordinances does not define the terms “identical” or “substantially
identical.” It is a well-settled rule of construction that words be given their ordinary and plain
meaning. The Oxford Languages dictionary defines “identical” as “similar in every detail” or
“exactly alike.” It is important to note that the drafters of the ordinance chose to use the terms
“identical” or “substantially identical” and not “substantially similar.” Use of the term
“substantially identical” implies that a side-by-side comparison of the two applications would
leave the reviewer with an impression that the two applications are basically indistinguishable.
That is not the case here.
The Department of Planning and Development staff opposed the Original Application for the
following reason: “Staff fees the proposed use, number of occupants, and increase in traffic will
have an adverse impact on the area.”
Based on staff comments in opposition to the Original Application, it is clear that the number of
residents and the number of vehicles permitted for residents of the Real Property are material parts
of the application. The Revised Application addresses both issues. There is no question that the
Original Application and the Revised Application are not exactly the same. Likewise, a side-by-
side comparison of the two applications does not leave the impression that the two applications
are basically indistinguishable.
As set forth above, the Revised Application reduces the number of proposed residents of the Real
Property from 14 to 11 persons, which constitutes a 21% reduction in the number of proposed
residents. The Revised Application also differs materially from the Original Application in that
the Revised Application (i) proposes a maximum number of 8 vehicles for residents (including
staff) where the Original Application proposed no limit on the number of resident vehicles and
(ii) reflects a reduction in the number of parking spaces located off-site (i.e., on the street) from
5 to 0.
Request for Relief
For all of the reasons set forth herein, the Applicant respectfully requests that the Board of
Adjustment reverse the Department of Planning and Development’s administrative determination
that the Original Application and the Revised Application are “identical” or “substantially
identical.”
Should you have questions or require additional information, please feel free to contact me at the
telephone number or email address above.
APPEAL OF ADMINISTRATIVE DECISION REGARDING APPLICATION OF SPECIAL
USE PERMIT FOR 205 N. WOODROW STREET, LITTLE ROCK, AR 72205
EXHIBIT A
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
W"5£^*** Phone: (501)371-4790 Fax: (501)399-3435
Planning
Development
Building Codes
February 26, 2024
Wright Lindsey Jennings
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201
Attn: Stephen R. Giles
RE: 205 N. Woodrow Street Application for Special Use Permit
Dear Mr. Giles,
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 based on the following provisions in the City of Little Rock Code of
Ordinances:
Sec. 36-83. - Guidelines for decision.
In determining whether to grant a requested amendment, the board of directors may consider,
among other things, the recommendations from the planning commission and the designated
department of the city having planning responsibility and authority and use the provisions of
the comprehensive plan, master street plan, master parks plan, and community facilities plan,
as well as any other appropriately approved document created to provide the required public
facilities necessary to protect the public interest. The planning commission shall consider, but
shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision
within which the subject property is located when determining the appropriateness of the
proposed special use. No identical or substantially identical application for the redistricting of
a specific parcel or parcels of land which has been denied by the board of directors may be
made for a period of one (1) year.
It is the Planning & Development staffs 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.
If you disagree with our interpretation as presented above, you may seek relief from the Board of
Adjustment through an appeal of our administrative decision, based on Sec. 36-69 (b)(1)(c), which
states the Board of Adjustment can ‘'can hear and decide appeals where it is alleged there is error
in any order, requirement, decision, determination or interpretation made in the administration or
enforcement of this chapter. "
Please let me know if you have any questions.
Sincerely,
Bradley S. Jordan
Development Manager
Planning & Development
City of Little Rock
APPEAL OF ADMINISTRATIVE DECISION REGARDING APPLICATION OF SPECIAL
USE PERMIT FOR 205 N. WOODROW STREET, LITTLE ROCK, AR 72205
EXHIBIT B
11
Mitchell 0 Williams n
11. Maurice Mitchell Casey d. Lawson Anna Cunningham Martha McKenzie hill
(1925 2011)D. Nicole Lovell Sharnae Diggs DEVON KALKBRENNER
WILLIAM H.L. WOODYARD, III Stuart P. Miller Mary Frances “Golly” Easterly Emily milholen McCord
(1945-2014)JENNIFER R. PIERCE 425 West Capitol Avenue, Suite 1800 Elizabeth Esparza Jeff mcwhirt
Brian a. Pipkin Grace Fletcher Michael nored
MICHELE ALLGOOD Julie M. Pomerantz Little Rock, Arkansas 72201-3525 Colt D. Galloway Emily Runyon
John K. Baker Nathan a. Read Telephone 501-688-8800 Kim Glover Curtis “Lee’ Seidi.its
Melissa Bandy Christopher T. Rogers Fax 501-688-8807 Abby Hart Claybornf. S. Stone
Devin R. Bates J. Scott Schallhorn Breanna McLaren Hendrix John p. Talbot
Wade Bowen Derrick W. Smith Caroline Kelley
John S. Bryant Stan D. Smith Erica Linville Of Counsel
C. Douglas Buford, Jr.Zachary T. Steadman Jacob McElroy Sherry p. Bartley
burnie Burner Stanton k. Strickland JESSICA MELTON R.T. BEARD, III
Charles B. Cliett, Jr.Graham C. Talley Shadai Walker Frederick k. Campbell
Craig R. Cockrell Jeffrey Thomas Doak Foster
Courtney C. Crouch, III Jordan p. Wimpy David B. Bingham Byron Freeland
Karen P. freeman Walter G. Wright, Jr.David Donahue Allan Gates
Ashley L. Gill Writer’s Direct Dial Ashley Edwards Joseph W. Gelzine
Jill R. Grimsley John E. Alexander 501-688-8843 Allison Gladden Kathlyn Graves
Harold w. Hamlin Blake Brizzolara Joshua Hallenbeck HERMANN IVESTER
MEGAN D. HARGRAVES Cara D. Butler audra Hamilton WALTER E. May
BENJAMIN D. .JACKSON Christina Chen morril H. Harriman, Jr.JOHN S. SELIG
ANTON L. JANIK, JR.Nathan coulter John f. Johnson nick Thompson
MARGARET A. JOHNSTON
October 19, 2023
Richard a. williams
City of Little Rock
Department of Planning and Development
Attn: Mr. Torrence Thrower
723 W. Markham Street
Little Rock, Arkansas 72201
Re: 205 N. Woodrow Street, Little Rock, Arkansas 72205
Dear Mr. Thrower:
This law firm represents Tara J. Tinnin (the “Owner”). In that regard, please find enclosed an
Application for Special Use Permit (the “Application”) for the real property located at 205 N.
Woodrow Street, Little Rock, Arkansas 72205 (the “Real Property”), which Application is being
submitted on behalf of the Owner in accordance with Section 36-54 of the Little Rock Code of
Ordinances.
The Owner seeks a special use permit for the Real Property permitting Owner to provide sober
living housing to the ever-growing number of Arkansans with substance abuse issues. The
residential housing model for sober living provides people in recovery with an opportunity to
pursue sobriety in a stable environment away from the playgrounds and playmates that often
pressure those in sobriety back into chemical dependency.
Owner will provide sober living housing (i.e., shelter only) through a group home setting. Owner
will not provide counseling, rehabilitative or any other services to residents of the Real Property.
Owner seeks to utilize the Real Property to provide housing in a family-like environment to more
than four (4) handicapped persons.
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. | Attorneys at Law
MitchellWilliamsLaw.com
October 19, 2023
Page 2
Section 36-3 of the Little Rock Code of Ordinances defines “group home” to mean “a facility that
does not fall within another defined facility category within this section and which provides
housing in a family-like environment to more than four (4) handicapped individuals.”1
Section 36-2 of the Little Rock Code of Ordinances defines “handicapped persons” to include
“persons with a physical or mental impairment which substantially limits one (1) or more of such
person’s major life activities, or who have a record of having such impairment, or who are regarded
as having such impairment.” Both the Fair Housing Act and the Americans with Disabilities Act
include alcoholism within the definition of handicap (disability).
We respectfully submit the enclosed Application and request that Owner be granted a special use
permit, permitting Owner to operate a group home on the Real Property to provide sober living
housing to handicapped persons in need.
Should you have questions or require additional information, please feel free to contact me at the
telephone number or email address above.
ALG:
Sincerely,
1 Section 36-3 of the Little Rock Code of Ordinances defines “family care facility” to mean “a facility which provides
resident service in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel.”
Owner seeks to utilize the Real Property to provide housing in a family-like environment to more than six (6)
handicapped persons. Therefore, Owner’s proposed use does not qualify as a “family care facility.” Section 36-3 of
the Little Rock Code of Ordinances defines “group care facility” to mean “a facility providing shelter, counseling and
other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff
or supervisory personnel.” Owner will not provide any counseling or other rehabilitative services to residents of the
Real Property. Therefore, Owner’s proposed use does not qualify as a “group care facility.”
sup.doc 01/19/23
APPLICATION PROCEDURE FOR
SPECIAL USE PERMITS
1. The property owner, or a designated agent, shall appear at the Department of Planning and
Development, 723 W. Markham, to complete required application forms and to provide the
address and legal description of the property upon which the use will be conducted.
2. The applicant shall submit, as part of the application, a cover letter setting forth the request. The
letter should include a statement as to the intent of the use and should include such information
as is necessary to inform the Commission of the issue.
3. All applicants must submit a copy of the bill of assurance for the subdivision within which the
subject property is located. Copies of bills of assurance are available at the Pulaski County
Circuit Clerk’s office located at 401 West Markham Street. If the property is not located in a
subdivision with a bill of assurance, the applicant must submit a statement to that effect in
conjunction with submission of the application.
4. Payment of a filing fee is required no later than the published docket closing date. Said fees are
established by the City’s adopted Fee Ordinance.
5. After properly filing the application, the applicant shall give notice as required below. The cost
of these notices shall be borne by the applicant. (Note: This notice is not a petition for approval
or disapproval.)
Before the Planning Commission shall consider a request for a special use permit on any
property, the petitioner for such action shall first give not less than fifteen (15) days written
notice of the time, place, and date of public hearing thereon to all the record owners of property
situated within 200 feet thereof as certified by a licensed abstractor. Said notice shall be sent by
certified or registered mail to the last known address of such record owner(s), and the petitioner
shall execute and file with the Planning staff an affidavit showing compliance herewith,
attaching as exhibits to said affidavit official evidence that said notices have been so mailed.
6. The affidavit required and supporting exhibits (outgoing postmarked mailing receipts, certified
abstract list of property owners on record and copy of notice) shall be filed with the Department
of Planning and Development no later than six (6) calendar days prior to the meeting date.
7. The applicant shall post the sign furnished at the time of filing at the front of the property so that
it can be seen from the street, at least thirty (30) calendar days before the meeting. If for any
reason the sign shold be destroyed or tom down, a replacement may be obtained from this office.
8. The applicant will appear in person before the Planning Commission at the public hearing on the
Special Use Permit. At such time, the applicant may make a presentation regarding the request,
answer questions from the Planning Commission or to rebut neighborhood opposition if
necessary.
9. The Planning Commission action is the final action required unless an appeal is filed by an
involved party with the Board of Directors. (The appeal is filed with the City Clerk’s office.)
Permits for occupancy and/or construction will be issued within the thirty (30) day appeal period
at the risk of the applicant.
10. Approval by the Planning Commission shall give the applicant the right to pursue other required
permits for the use and to engage in the use as specified in the Special Use Permit.
sup.doc 01/19/23
APPLICATION FOR SPECIAL USE PERMIT
ZONING CASE FILE NO.
PLANNING COMMISSION MEETING:
Application is hereby made to the Little Rock Planning Commission, pursuant to the provisions of Act
186, of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Rev. Code (1988), as
amended, requesting approval of a Special Use Permit as described below:
ADDRES S: 205 N. Woodrow Street, Little Rock, Arkansas 72205
LEGAL DESCRIPTION:
Lot 5 and the South 1/2 of Lot 4, Block 4, Midland Hills Addition to the City of Little Rock, Pulaski County, Arkansas
OWNER’S NAME: Tara J. Tinnin, an individual
ZONING ON PROPERTY: Single-Family PROPOSED USE: Group Home
APPLICANT: Tara J. Tinnin, an individual TELEPHONE: 501-688-8843
MAILING ADDRESS: Tara J. Tinnin c/o Ashley L. Gill, Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
425 W. Capitol Avenue, Suite 1800, Little Rock, Arkansas 72201
PLANNING COMMISSION ACTION:
SPECIAL CONDITIONS WITH APPROVAL:
FEE:
sup.doc 01/19/23
NOTICE OF PUBLIC HEARING BEFORE
THE LITTLE ROCK PLANNING COMMISSION
ON AN APPLICATION FOR SPECIAL USE PERMIT
To all owners of lands lying within 200 feet of the boundary of property at:
Address: 205 N. Woodrow Street, Little Rock, Arkansas 72205
General Location: Midland Hills
Owned By: Tara J. Tinnin, an individual
Notice is hereby given that an application for a Special Use Permit on the above property has been filed
with the Department of Planning and Development, 723 West Markham, City of Little Rock, Arkansas
to allow use of the property as follows:
PRESENT USE: Single-Family
PROPOSED USE: Group Home
A public hearing on the application will be held in the Chamber of the Little Rock Board of Directors,
2nd Floor, City Hall on:, at P.M.
Meetings between the developer, the staff and the neighborhood residents can be arranged prior to the
public hearing if desired. The applicant/developer is Tara J. Tinnin, an individual
and can be contacted at the telephone number 501-688-8843.
All interested parties may appear and be heard at said time and place, or may notify the reviewing body
of their views by letter. Information about the application may be requested by contacting Department
of Planning and Development, 723 West Markham, Little Rock, Arkansas; (501) 371-4790.
The City of Little Rock complies with all civil rights provisions of federal laws and related authorities that prohibit
discrimination in programs and activities receiving federal financial assistance. The City of Little Rock does not discriminate
on the basis of race, color, creed, religion, sex, national origin, age, disability, income status, marital status, sexual
orientation, gender identity, genetic information, political opinions or affiliation, in admission or access to and treatment in
the City’s programs and activities, as well as the city’s hiring or employment practices. Complaints of alleged discrimination
and inquiries regarding the City’s nondiscrimination policies may be directed to the Title VI Coordinator, 500 West
Markham Street, Little Rock, AR 72201, 501-371-4475.
This notice is available from the Title VI Coordinator in large print or recording. Free language assistance for those with
Limited English Proficiency is available upon request.
La ciudad de Little Rock cumple con todas las disposiciones de derechos civiles de los estatutos federales y autoridades
relacionadas que prohiben la discriminacion en programas y actividades que reciben asistencia financiera federal. La ciudad
de Little Rock no discrimina por motivos de raza, color, credo, religion, sexo, origen nacional, edad, discapacidad, estado de
ingresos, estado civil, orientacion sexual, identidad de genero, informacion genetica, las opiniones politicas o afiliacion, en la
admision o acceso y tratamiento cn los programas y actividades de la ciudad, asf como de contratacion de empleados de la
ciudad. Las quejas de supuesta discriminacion y consultas sobre la politica antidiscriminatoria de la ciudad pueden ser
dirigidas a, Coordinador del Titulo VI, 500 West Markham Street, Little Rock, AR 72201,501-371-4475.
AFFIDAVIT
I hereby certify that I have notified all the property owners of record within 200 feet of the above
described property that a Special Use Permit application is being considered and the public hearing will
be held at the time and place described.
(Name)
/O-/1-2.3
(Date)
sup.doc 01/19/23
AFFIDAVIT
I, Tara J. Tinnin, an individual certify by my signature below that I hereby
authorize Ashley L. Gill to act as my agent regarding the
application for special use permit of the below described property.
Property described
as: Lot 5 and the South 1/2 of Lot 4, Block 4, Midland Hills Addition to the City of Little Rock, Pulaski County, Arkansas,
and having an address of 205 N. Woodrow Street, Little Rock, Arkansas 72205
October 18, 2023
DateSignature of Title Holder
Subscribed and sworn to me a Notary Public on this 18th day of
October, 2023
Notary Public
My Commission Expires:
City of Little Rock Planning and Development
Planning Commission Hearing/January 11, 2024
Applicant Comments for Proposed Development
Re: Tinnin Group Home 1 and 2 - Special Use Permit (Z-9891 & 9892)
205 N. Woodrow Street and 822 Monroe Street
Applicant Responses Related to 205 N Woodrow Street, Little Rock, AR 72205 (Z-9891)
1. Provide total square footage of the residence.
a. 4,650sf
2. Provide the square footage of each individual bedroom.
a. Bedroom 1 - 200sf
b. Bedroom 2 - 200sf
c. Bedroom 3 - 250sf
d. Bedroom 4 - 250sf
e. Bedroom 5 - 250sf
f. Bonus Room - 400sf
g. Basement - 600sf
3. Provide the number of persons that will occupy each bedroom.
a. Bedroom 1 - 2 persons
b. Bedroom 2-2 persons
c. Bedroom 3-2 persons
d. Bedroom 4 - 2 persons
e. Bedroom 5-2 persons
f. Bonus Room - 1 person
g. Basement - 3 persons
4. Provide total number of residents at any given time.
a. 14 persons
5. Provide the number of staff at any given time.
a. 1-2 staff (house managers)
6. Will the residents drive their own vehicles?
a. Yes, about 40% of the current residents drive and have their own vehicles. Currently,
6 residents, including staff, have vehicles.
7. Provide a parking plan showing where staff and residents will park.
a. See attached diagram
205 N Woodrow St
Staff Parking #’s - 5 & 7
Resident Parking #’s -1, 2,3,4, 6, 8, 9 & 10
City of Little Rock Planning and Development
Planning Commission Hearing/January 11, 2024
Applicant Comments for Proposed Development
Re: Tinnin Group Home 1 and 2 - Special Use Permit (Z-9891 & 9892)
205 N. Woodrow Street and 822 Monroe Street
Applicant Responses Related to 822 N Monroe Street, Little Rock AR 72205 (Z-9892)
1. Provide total square footage of the residence.
a. 2,800sf
2. Provide the square footage of each individual bedroom.
a. Bedroom 1 - 400sf
b. Bedroom 2 - 200sf
c. Bedroom 3 - 200sf
d. Bedroom 4 - 185sf
e. Bedroom 5 - 500sf
3. Provide the number of persons that will occupy each bedroom.
a. Bedroom 1 - 3 persons
b. Bedroom 2-2 persons
c. Bedroom 3-2 persons
d. Bedroom 4-1 persons
e. Bedroom 5-3 persons
4. Provide total number of residents at any given time.
a. 11 persons
5. Provide the number of staff at any given time.
a. 1-2 staff (house managers)
6. Will the residents drive their own vehicles?
a. Yes, about 50% of the current residents drive and have their own vehicles. Currently,
5 residents, including staff, have vehicles.
7. Provide a parking plan showing where staff and residents will park.
a. See attached diagram
822 N Monroe St
Parking Diagram n
arking #’s ■ 1 & 2
Resident Parking #’s - 3,4, 5, 6,7 & 8
APPEAL OF ADMINISTRATIVE DECISION REGARDING APPLICATION OF SPECIAL
USE PERMIT FOR 205 N. WOODROW STREET, LITTLE ROCK, AR 72205
EXHIBIT C
WRIGHT LINDSEY JENNINGS
200 West Capitol Avenue. Suite 2300 Little Rock. AR 72201-3699 Main 501-371.0808 Fax 501.376.9442 wij.com
Stephen R. Giles
ATTORNEY
Direct (501)978-9934
sgiles@wg.com
February 20,2024
City of Little Rock
Department of Planning and Development
Attn: Mr. Torrence Thrower
723 West Markham Street
Little Rock, Arkansas 72201
Re: 205 N. Woodrow Street, Little Rock, Arkansas 72205
Dear Mr. Thrower:
Please find enclosed an Application for Special Use Permit (the “Application”) for the real
property located at 205 N. Woodrow Street, Little Rock, Arkansas 72205 (the “Real Property”),
which Application is being submitted on behalf of Tara J. Tinnin (the “Applicant”) in her capacity
as the sole member of Hillcrest Homes, LLC, an Arkansas limited liability company (the “Owner”)
in accordance with Section 36-54 of the Little Rock Code of Ordinances.
The Applicant previously submitted an Application for Special Use Permit for the Real
Property on October 19, 2023 (the “Original Application”), which Application was denied on
January 11, 2024. The Applicant is submitting this Application for the express purposes of (a)
reducing the number of proposed residents from fourteen (14) to eleven (11); (b) establishing a
maximum number of vehicles that will be permitted at the Real Property at any given time upon
issuance of a special use permit; and (c) correcting and supplementing certain information
provided with the Original Application.
The Real Property contains an existing two-story, single-family residence, containing
approximately 5,729 square feet The residence contains five (5) bedrooms, a bonus room, and a
finished basement1 One (1) to two (2) individuals will occupy each bedroom. The residence
contains four (4) full bathrooms and one (1) half bathroom. With a total of eleven (11) residents,
the ratio of full bathrooms per person is 2.75:1 (i.e., a maximum of three (3) people will share a
bathroom).
The Owner seeks a special use permit for the Real Property permitting Owner to provide
sober living housing to the ever-growing number of Arkansans with substance abuse issues.
Owner will provide sober living housing (i.e., shelter only) through a group home setting. Owner
will not provide counseling, rehabilitative or any other services to residents of the Real Property.
1 The precise square footage of each bedroom will be provided by supplemental letter once the Applicant has obtained
measurements from a qualified appraiser.
Exhibit B
February 20,2024
Page 2
Owner seeks to utilize the Real Property to provide housing in a family-like environment
for up to ten (10) handicapped persons. One (1) staff member will also live on-site, bringing the
total number of proposed residents to eleven (11).
Section 8-406(a) of the Little Rock Code of Ordinances requires 150 square feet for the
first occupant and 100 square feet for each additional occupant. Therefore, the minimum square
footage required for the Owner’s proposed use and proposed number of residents is 1,150. The
proposed number of residents is in compliance with this ordinance because the residence contains
5,729 square feet.
Section 8-406(b) of the Little Rock Code of Ordinances requires 70 square feet of bedroom
space for the first occupant and 50 square feet of additional bedroom space for each additional
occupant. As previously stated, the maximum number of occupants of each bedroom will be two
(2). The Applicant will supplement this Application with precise bedroom measurements once
received.
No more than eight (8) vehicles will be permitted for residents (including staff) at any given
time. Presently, the Real Property has a parking pad that will accommodate parking for six (6)
vehicles. If a special use permit is granted for the Real Property, the Owner will increase the size
of the parking pad to accommodate parking for eight (8) vehicles, meaning that no residents will
park on the street.
Section 36-3 of the Little Rock Code of Ordinances defines “group home” to mean “a
facility that does not fall within another defined facility category within this section and which
provides housing in a family-like environment to more than four (4) handicapped individuals.”2
Section 36-2 of the Little Rock Code of Ordinances defines “handicapped persons” to
include “persons with a physical or mental impairment which substantially limits one (1) or more
of such person’s major life activities, or who have a record of having such impairment, or who are
regarded as having such impairment” Both the Fair Housing Act and the Americans with
Disabilities Act include alcoholism within the definition of handicap (disability).
2
Section 36-3 of the Little Rock Code of Ordinances defines “family care facility” to mean "a facility which provides
resident service in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel.”
Owner seeks to utilize the Real Property to provide housing in a family-like environment to more than six (6)
handicapped persons. Therefore, Owner’s proposed use does not qualify as a “family care facility.” Section 36-3 of
the Little Rock Code of Ordinances defines “group care facility” to mean “a facility providing shelter, counseling and
other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff
or supervisory personnel.” Owner will not provide any counseling or other rehabilitative services to residents of the
Real Property. Therefore, Owner’s proposed use does not qualify as a “group care facility.”
Exhibit B
February 20,2024
Page 3
The Real Property will not permit any individuals to occupy the Real Property who would
constitute a direct threat to the health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others.
We respectfully submit the enclosed Application and request that Owner be granted a
special use permit, permitting Owner to operate a group home on the Real Property to provide
sober living housing for up to eleven (11) residents, including up to ten (10) handicapped persons
in need and one (1) staff member.
Should you have questions or require additional information, please feel free to contact me
at the telephone number or email address above.
SRG/als
Enclosure
Sincerely,
Exhibit B
sup.doc 01/19/23
APPLICATION FOR SPECIAL USE PERMIT
ZONING CASE FILE NO.
PLANNING COMMISSION MEETING:
Application is hereby made to the Little Rock Planning Commission, pursuant to the provisions of Act
186, of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Rev. Code (1988), as
amended, requesting approval of a Special Use Permit as described below:
ADDRESS: 205 N. Woodrow Street, Little Rock, Arkansas 72205
LEGAL DESCRIPTION: ______________________________________________________
Lot 5 and the South 1/2 of Lot 4, Block 4, Midland Hills Addition to the City of Little Rock, Pulaski County, Arkansas
OWNER’S NAME: Hillcrest Homes, LLC
ZONING ON PROPERTY: Single-Family PROPOSED USE: Group Home
APPLICANT: Tara J. Tinnin, sole member of Owner TELEPHONE: (501) 212-1934
MAILING ADDRESS: Tara J. Tinnin c/o - Stephen R. Giles, Wright, Lindsey & Jennings, LLP
200 W. Capitol Ave., Suite 2300, Little Rock, AR 72201
PLANNING COMMISSION ACTION:
SPECIAL CONDITIONS WITH APPROVAL:
FEE:
sup.doc 01/19/23
AFFIDAVIT
I, Tara J. Tinnin, an individual certify by my signature below that I hereby
authorize Stephen R. Giles to act as my agent regarding the
application for special use permit of the below described property.
Property described
as: Lot 5 and the South 1/2 of Lot 4, Block 4, Midland Hills Addition to the City of Little Rock, Pulaski County, Arkansas,
and having an address of 205 N. Woodrow Street, Little Rock, Arkansas 72205
Signature of Title Holder
-2-V
Date
Subscribed and sworn to me a Notary Public on this day of
February, 2024
My Commission Expires:
M v C o m nu
C orn m ission if 1 23
; 05-1 6-2032 |
q p n r R I
sup.doc 01/19/23
AFFIDAVIT
I, Tara J. Tinnin, an individual certify by my signature below that I hereby
authorize David Parker to act as my agent regarding the
application for special use permit of the below described property.
Property described
as: Lot 5 and the South 1/2 of Lot 4, Block 4, Midland Hills Addition to the City of Little Rock, Pulaski County, Arkan$as,
and having an address of 205 N. Woodrow Street, Little Rock, Arkansas 72205
Signature of Title Holder
- 2 *-/
Date
Subscribed and sworn to me a Notary Public on this day of
February, 2024
My Commission Expires:
sup.doc 01/19/23
AFFIDAVIT
I, Tara J. Tinnin, an individual certify by my signature below that I hereby
authorize Ashley L. Gill to act as my agent regarding the
application for special use permit of the below described property.
Property described
as: Lot 5 and the South 1/2 of Lot 4t Block 4, Midland Hills Addition to the City of Little Rock, Pulaski County, Arkansas,
and having an address of205 N. Woodrow Street, Little Rock, Arkansas 72205
1..Z . -
Signature of Title Holder Date
Subscribed and sworn to me a Notary Public on this day of
February, 2024•
fotary Public
My Commission Expires:
My Commie-ion Expires 05-16-2032 |
Commission# >2388065-- —■A.— ~~~ — -