HomeMy WebLinkAboutHDC2004-017 Letter From City Of Little Rock Deepartment Of Housing & Neighborhood Programs, To Misty L. Bowen, J.D.. Fax Cover Sheet 04/06/2004JUN-03-2004 03:40 From:MB FAX 5012442233 To:3714715 P.1/3
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Law Firm, FLLC
Misty L. Bowen, J.D.
J. Brooks Wi&ins J D.
FAX TRANSMITTAL COVER SHEET
DATE: June 2, 2004
DOCUMENT SENT TO: Andre' Bernard
City of Kittle Rock
Department of Housing & Neighborhood Programs
RECEIVER'S FAX NUMBER: (501) 399-3461
DOCUMENT SENT BY: J. Brooks Wiggins
Bowen & Wiggins Law Firm, PLLC
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 3
COMMENTS:
Attached please find two (2) pictures, one of the house with an indication in black of the
sign. The second picture is the original sign that was not approved, but shows the body
of the sign itself_ The actual unmounted sign is two (2) feet by three (3) feet. After
mounting, the sign will be four (4) feet tall measuring from the top of the sign to the
ground, and two (2) feet tall measuring from the bottom of the sign to the ground. The
sign will be approximately 39 inches wide.
Should you have any questions or need any more information, please feel free to
contact me tomorrow at the office.
#roopksWiggins
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1409 (�ttml)erl,j.nj �qI,rrr.l • Suite 4 1 Little lxvck • Ah 72202• OFFICE (501) 244-2244, • PAX (501) 244_2233
3
City of Little Rock
Department of Housing & Neighborhood Programs
500 West Markham Street
Suite 120 West
Little Rock, AR 72201
Phone (501) 371-6825
April 6, 2004Fax (501) 399-3461
Misty L. Bowen, J.D.
C/o Bowen & Wiggins Law Firm, PLLC
1409 Cumberland Street Suite 4
Little Rock, AR 72201
Dear Ms. Bowen:
The Little Rock Historic District Commission held a public hearing on February 12, 2004, and
discussed your application for placement of a business sign in fxont of your place of business.
The Commission approved your application with conditions. Per our conversation oil April 2,
2004.1 infvn7ied you that the Commission would be meeting again on April 8, 2004.
You requested information on whether or not there was an appeal process if you did n
ot aee
with the Commission's decision: The state statute that authorizes historic d strict commis ions
provides for an exclusive remedy for anyone who is dissatisfied with a decision of the 1Yi
district. The statute states: stor is
"Any applicant aggrieved by the determination of the historic district commission, within thirty
(30) days after the making of'the decisi
wherein the property is on, may appeal to the chancery court ❑Ftlie county
located." Ark. Code Ann. § 14-172-212 a 1 . Since we no longer
have courts of equity (chancery) distinguished from courts of law (circuit), the above provision
should be read as providing for an appeal to circuit court within thirty days after the
Commission's decision.
Since the thirty_ (30)-day time period for appeal has passed the only other recourse available is
for the Commission to reconsider you application. The Little Rock Historic District
Commission By -Laws state in Article V Section E G (b):
"No matter on which final action has previously been taken shall be reopened for further
consideration or action except for cause and with the unanimous consent of all members
present at a meeting. If consideration is granted by the Commission, the case will be
rescheduled for the next regular meeting, a new application will be made (new fees, legal ad,
and adjacent property owners re -notified so that they may have an opportuni evidence and to be heard).," ty to hear any new
In order for staff to have tIle item place Oil the Commission's agenda, I will need written
documentation from you detailing what you consider cause for reconsideration.
Reconsideration for cause — means that there must be a good reason to reconsider the
application: such as changed circumstances, change in the law, change in ownership of the
property, etc. If there is a circumstance that might have affected the Commission's decision
that didn't exist at the time of the hearing or that no one knew of at the time of the hearing, the
standard would probably be met. Staff will need the written documentation by 3:00 p.m. on
Thursday April 8 to prepare packets for the Commission.
If you have any question, please contact,me at (501) 918-5330 or email at
abeenard@ littlerock.state. ar.us.
Sin rely
Andre rnard
Housing Administrative Coordinator