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HomeMy WebLinkAboutCover Letter 112023H. MAURICE MITCHELL (1925-2011) WILLIAM H.L. WOODYARD, III (1945-2014) MICHELE ALLGOOD JOHN K. BAKER MELISSA BANDY DEVIN R. BATES WADE BOWEN JOHN S. BRYANT C. DOUGLAS BUFORD, JR. BURNIE BURNER CHARLES B. CLIETT, JR. CRAIG R. COCKRELL COURTNEY C. CROUCH, III KAREN P. FREEMAN ASHLEY L. GILL JILL R. GRIMSLEY HAROLD W. HAMLIN MEGAN D. HARGRAVES BENJAMIN D. JACKSON ANTON L. JANIK, JR. MARGARET A. JOHNSTON MITCHELL I! WILLIAMS CASEY D. LAWSON D. NICOLE LOVELL STUART P. MILLER JENNIFER R. PIERCE BRIAN A. PIPKIN JULIE M. POMERANTZ NATHAN A. READ CHRISTOPHERT. ROGERS J, SCOTT SCHALLHORN DERRICK W. SMITH STAN D. SMITH ZACHARYT.STEADMAN STANTON K. STRICKLAND GRAHAM C. TALLEY JEFFREY THOMAS JORDAN P. WIMPY WALTER G. WRIGHT, JR. JOHN E. ALEXANDER BLAKE BRIZZOLARA CARA D. BUTLER CHRISTINA CHEN NATHAN COULTER City of Little Rock 425 WEST CAPITOL AVENUE, SUITE 1800 LITTLE ROCK, ARKANSAS 72201-3525 TELEPHONE 501-688-8800 FAX501-688-8807 WRITERS DIRECT DIAL 501-688-8843 October 19, 2023 Department of Planning and Development Attn: Mr. Torrence Thrower 723 W. Markham Street Little Rock, Arkansas 72201 ANNA CUNNINGHAM SHARNAE DIGGS MARY FRANCES "GOLLY" EASTERLY ELIZABETH ESPARZA GRACE FLETCHER COLT D. GALLOWAY Kim GLOVER ABBY HART BREANNA MCLAREN HENDRIX CAROLINE KELLEY ERICA LINVILLE JACOB MCELROY JESSICA MELTON SHADAI WALKER Re: 205 N. Woodrow Street, Little Rock, Arkansas 72205 Dear Mr. Thrower: DAVID B. BINGHAM DAVID DONAHUE ASHLEY EDWARDS ALLISON GLADDEN JOSHUA HALLENBECK AUDRA HAMILTON MORRIL H. HARRIMAN, JR. JOHN F. JOHNSON MARTHA MCKENZIE HILL DEVON KALKBRENNER EMILY MILHOLEN MCCORD JEFF MCWHIRT MICHAEL NORED EMILY RUNYON CURTIS "LEE" SEIDLITS CLAYBORNF. S. STONE JOHN P. TALBOT OF COUNSEL SHERRY P. BARTLEY R.T. BEARD, III FREDERICK K. CAMPBELL DOAK FOSTER BYRON FREELAND ALLAN GATES JOSEPH W. GELZINE KATHLYN GRAVES HERMANN NESTER WAITER E. MAY JOHN S. SELIG NICK THOMPSON RICHARD A. WILLIAMS 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. I ATTORNEYS AT LAW MITCHELLW ILLIAM SLAW . 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."' 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. Sincerely, GA ALG: ELL, WILLIAMS, SELIG, &*OQDYA Gill ' 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."