HomeMy WebLinkAboutOpposition Letter 031524GILL
RAGON
OWEN
A T T O R N E Y S
March 14, 2024
Via email to (rzoning@_1&LQrocl�.9nv
Members of
Little Rock Planning Commission
723 West Markham Street
Little Rock, Arkansas 72201
GILL RAGON OWEN, P.A.
ATTORNEYS AT LAW
425 WEST CAPITOL AVENUE, SUITE 3801
LITTLE ROCK, ARKANSAS 72201
TELEPHONE 501.376.3800
FACSIMILE 501.372.3359
www.gill-law. com
CHRISTOPHER L. TRAVIS I ATTORNEY
EMAIL: lravk4rk it I-law.cGm
Re: Objection to Application to Rezone from R-2 to PD-C(STR-2)
File No. Z-9913
Planning Commission Members:
I represent Kanis Village Property Owners Association, Inc. ("Kanis Village POA").
Kanis Village POA objects and urges the Commission to deny the rezoning application in
File No. Z-9913 for at least the following three reasons:
1. Rezoning the applicant's lot from R-2 to a planned commercial district will violate
the neighborhood's Bill of Assurance, which states:
Rpstrict!on on Commercial_Use. No commercial building of any
kind or type shall be erected, nor shall any commercial
activity be conducted on any Phase I lot.
Bill of Assurance, Instrument No. 2006073191, § 3 (emphasis added).
The owner of a lot on which a single-family dwelling unit exists may "use"' that lot
and dwelling unit as a bed and breakfast house/short-term rentaltype 2 (STR-2) "only
where a planned zoning district has been approved ." L.R.C. § 36-601(b)
(emphasis added).
The applicant requests to rezone his lot, which contains a single-family dwelling unit
in which the applicant does not live, to allow a commercial land use. Even if a short-
term occupant temporarily uses the single-family dwelling unit on the applicant's lot
1 "Use means a purpose to which land is committed." L.R.C. § 36-2.
Little Rock Planning Commission
March 14, 2024
Page 2
as a residence, the applicant —as the lot's owner —has committed his land to a
commercial use as a bed and breakfast house/short-term rental type 2 (STR-2).
Thus, the applicant's use of his lot in Kanis Village as a bed and breakfast
house/short-term rental type 2 (STR-2) would constitute the applicant's commercial
use of that lot. The no -commercial -use prohibition in Kanis Village is clearly apparent
in the language of the Bill of Assurance that clearly, expressly, and in unambiguous
language prohibits "any commercial activity" on the applicant's lot. See, Bill of
Assurance § 3.
2. Although the applicant promised Kanis Village POA in writing that "I will not resume
short term rental use of the property until I have obtained a special use permit," the
applicant appears to be in violation of Little Rock Code § 36-601 (b)(1 )2 because he
is already using his house as a bed and breakfast house/short-term rental type 2
(STR-2) without the board of director's approval of a PZD.
Neighbors and Kanis Village POA board members see a cycle of activity on the
applicant's lot: vehicles arrive, stay a few days and leave; what look to be
housecleaners arrive, stay a few hours and leave; different vehicles arrive, and the
cycle repeats.
3. As Planning Commission Staff recognizes, rezoning the applicant's lot in a low -
density residential neighborhood from R-2 to a PD-C to allow commercial short-
term rentals would be out of keeping with the Kanis Village neighborhood. And,
rezoning the applicant's lot to allow a commercial use would contradict the City's
Future Land Use Plan and perhaps allow other lot owners to seek to expand the
commercial use in the Kanis Village neighborhood.
Thank you for the opportunity to object to the rezoning application in File No. Z-9913.
Representatives from Kanis Village POA will be present at the Commission's public
hearing.
5 c r ly, _-
Chri opher L. Travis
2 "No person or entity shall advertise or operate a property for use as a bed and breakfast home/short-term rental
type 2 (STR-2) without having first obtained board of director's approval of a PZD, planned zone development."
L.R.C. § 36-601(b)(1) (emphasis added).