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Home My WebLink About822 Monroe Street (Tinnin)sup.doc 01/19/23 APPLICATION FOR SPECIAL USE PERNIIT 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: 822.Monroe Street, Little Rock, Arkansas 72205. LEGAL DESCRIPTION: The East 90 Feet of Ldt:11, Block 46, Pulaski Heights 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. Ca itol Ave., Suite 2300, Little Rock, AR 72201 PLANNING COMMISSION ACTION: SPEC IONS WITH APPROVAL: FEE:TTIT-- WRIGHT LINDSEY JENNINGS 200 West Capitol Avenue, Suite 2300 Little Rock, AR 72201-3699 Main 501.371.0808 Fax 501.376.9442 wg.com Stephen R. Giles ATTORNEY Direct: (501) 978-9934 sgiles@wq.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: 822 Monroe 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 822 Monroe 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 eleven (11) to eight (8); (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 2,768 square feet. The residence contains five (5) bedrooms.1 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 eight (8) residents, the ratio of full bathrooms per person is 2:1(i.e., a maximum of two (2) 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. t The precise square footage of each bedroom will be provided by supplemental letter once the Applicant has obtained measurements from a qualified appraiser. February 20, 2024 Page 2 Owner seeks to utilize the Real Property to provide housing in a family -like environment for up to seven (7) handicapped persons. One (1) staff member will also live on -site, bringing the total number of proposed residents to eight (8). 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 850. The proposed number of residents is in compliance with this ordinance because the residence contains 2.768 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 six (6) 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 four (4) 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 six (6) 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). Subparagraph (e)(4)(b) of Section 36-54 of the Little Rock Code of Ordinances provides that "[t]here shall be a presumption that a special use permit for a group home of five (5), six (6), 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) staffpersonnel. " 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." February 20, 2024 Page 3 seven (7), or eight (8) handicapped persons will be granted if all ordinance requirements are 1net, except that individuals whose tenancy 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 shall not be allowed in such a home. 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 pennit, permitting Owner to operate a group home on the Real Property to provide sober living housing for up to eight (8) residents, including up to seven (7) 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, Sincerely, WRIGH T. LINDSEY & JENNINGS LL Stephen R. Giles, .Esq. SRG/als ` Enclosure W_"_i ev 1 -.4 2� TAFT 14FIGHT3 ADDITION TO THE CITY 0FLIrT6L,;?ort(, ARK. i E A ",. I' ZWO HT BOU.j'NOI S'fEET NC " I i. - • f '� emseleu .. . �` n L � ire �rc J • '(.)r �(�+ �er..+A fr �I,o �'2,�i�.r. �]� •ram . � •� . � rr d • e^� i4r rrx..n...�: �'�!�'?�1' i I JJ rlja .,Irrl; f.' der s.rl-iedd.4 44Lwv'l r y: •• Ov,a� • nyr.r•: ,a ltia4+s�a4..,.: .e.r r.r,•.�e.L. +Y} 0 .. 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Property described as: The East 90 Feet of Lot 11, Block 46, Pulaski Heights Addition to the City of Little Rock; Pulaski County, Arkansas and having an address of 822 Monroe Street, Little Rock, Arkansas 72205 Signature of Title Holder Subscribed :and sworn to me a Notary Public on this February 2024 U Z - Zo --2 Date Mt 2 N tary Public My Commission Expires: F fAN HEARD Notary Public -Arkansas Pulaski County My Commission Expires 05-16..2032 } Comminsiun # 1238806 day of 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 forspecial use permit of the below described property. Property described as: The East 90 Feet of Lot 11, Block 46, Pulaski Heights Addition to the City of Little Rock, Pulaski County, Arkansas and having an address of 822 Monroe Street, Little Rock, Arkansas 72205 Signature of Title Holder Subscribed and sworn to me a Notary Public on this February.2024 My Commission Expires: �- 6 2. - Zd -2 Date uIEGAH HEARD{, Notary Publ c-Hrkansas {j Pul2so County My Comrnission Expires 05-16-2032 Commission # 12-388068 day of 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: The East 90 Feet of Lot 11, Block 46, Pulaski Heights Addition to the City of Little Rock; Pulaski County, Arkansas and having an address of 822 Monroe Street, Little Rock, Arkansas 72205 Signature of Title Holder Date Subscribed and sworn to me a Notary Public on this .e day of February, 2024 My Commission Expires: �M N }}EARis Fulasl:l County fiAy cammissson txpisos'SOCIS 2a32 C ar,issia�l� 1 .3r Public �01 LITTLE City of Little Rock Planning and Development Filing Fees Date February 20, 20 24 Annexation Board of Adjustment Cond Use Permit/T UP Land Use Plan Amendment Certificate of Appropriateness Planned Zoning Dev Master Street Plan Amendment Special Special Use Permit Rezoning Right -of -Way Abandonment Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number 1 at 5 ea File No Location 822 Monroe Street Applicant Steve Giles (Agent) By TT PLANNING & DEVELOPMENT FEB 20 PAIL! $ CITY OF LITTLE DOCK BUILDING COOS $ 175 $ $ $ 5 Total $ 180