HomeMy WebLinkAboutHDC1985-002 Letter From John P. Corn Attorney At Law To Ms. Brenda Donald 04/07/1986JOHN P. CORN
ATTORNEY AT LAW
9105 CHICOT ROAD
LITTLE ROCK, AR 72209
501-568-2170
April 7, 1986
Ms. Brenda Donald
Assistant City Manager
City of Little Rock
City Hall - Markham & Broadway
Little Rock, AR 72201
SUBJECT: Proposed Legislation -Historic District Commission
Request To Be On Board Of Directors Agenda
Dear Ms. Donald:
Last July The American Legion purchased a lot 60' x 103' with a slumy
two-story, run down, structure which was an eyesore situated at 522
Rock, located adjacent to their present building and parking lot.
In December 1985 at a hearing before the Historic District Commission,
numerous neighbors testified to the fire hazard, safety hazard and
constant exposure of their property being damaged by fire or other
catastrophe. Every interested property owner has stated they prefer a
parking lot to be constructed on the premises over any other
development. The City refused to issue the permit contrary to the
specific ordinance of the Board of Directors and instead referred the
matter to the Historic District Commission for a certificate of
appropriateness. For more than ten months The American Legion has been
in a catch-22 situation. It is violating the City Ordinance ordering
the property demolished, and if it demolishes the building it is
violating the Historic District Ordinance. After reviewing the
applicable statutes, it appears there is a state law authorizing the
planning and zoning by the City of Little Rock. The proposed uses of
the property by American Legion conforms to requirements to the city
zoning requirements. The problem seems to be in conflicting city
ordinances as to which ordinance has priority. The question is; does
the health, safety and welfare of the citizens of Little Rock take
precedence over the Historic District ordinance, or vise versa? If the
Historic District takes precedence over those passed by the Board and
the zoning and planning commission ordinances then the health, safety
and welfare in the Historic District Commission and the zoning
ordinances have been reglated to second class status.
A crisis is at hand and should be immediately resolved by proper
clarifying legislation.
The Historic District has a six months waiting in which to determine
minor matters. This six month waiting period should be cut down to no
more than 60 days in making the determination for the certificate of
appropriateness.
The present system of appointing members to the commission, most of
whom are members of the Quapaw Quarter Association, places all
applicants before the commission with an appearance of being an
unjust court hearing. The usual sequence of events is for an applicant
to file for a certificate of appropriateness; it is referred to the
Quapaw Board of Directors for consideration. They meet and oppose a
project formally. Members are notified of the Board action. Members
of the Quapaw Quarter who are on the Board then go to a Board meeting
and put on different hats as members of the Historic District
Commission and hear the applicant for a certificate of appropriateness.
The executive secretary of the Quapaw Quarter, who is a paid employee,
and consquently an employee of the membership of the Quapaw Quarter and
therefore an employee of those members on the board who are also
members of the Quapaw Quarter. The secretary makes a.report of the
Quapaw Quarter objecting to the application.
It is practically a foregone conclusion that the resulting prejudice of
the Quapaw Quarter official opposition is going to have the appearance
of great weight with the commissioners who have assumed the judicial
role of fairness and justice. There is an apparent conflict of
interest for any commissioner who is a member of the Quapaw Quarter.
It is impossible for a citizen to be given a fair hearing with such a
one sided situation.
In courts, the judge is required to excuse himself from hearing any
matter where he would have a conflict of interest or even a appearance
of impropriety.
Article 5 of the By -Laws of the Historic District requires "any member
of the commission who shall have an economic interest in any property
or decision relating to such property, which shall be the subject
matter of or affected by, a decision of the commission shall be
disqualified from participating in public discussion or proceedings in
connection therewith". Every member of the Quapaw Quarter has an
economic interest in the outcome of every application that is either
approved or disapproved. The Quapaw Quarter members pay dues and have
employees to accomplish its purposes, and every member has an economic
interest in his corporation. The ordinance should be changed to give a
more balanced approach to the Historic District, so that all groups
could be represented on the commission, not just members of one
particular corporation. The Historic District belongs to all the
citizens of Little Rock and it would be well to consider a member from
business, labor, civic organizations, patriotic organizations and
others who are interested in preserving our cultural heritage.
Article 5 of the District's By -Laws concerning conduct of hearings,
requires that the Chairman do substantial justice to all concerned. At
the present time, substantial justice is impossible to achieve where
the predetermined economic interests of commission members who are also
members of the Quapaw Quarter is apparent.
The conflict between zoning laws in the Historic District Commission
regulations and as to which take priority has not been resolved.
Apparently each have complete authority in the district. Up to date,
things have been resolved arbritairly but nothing has been achieved in
writing or statutorily so that the average citizen can understand.
There is a state statute authorizing planning and zoning by the city,
but there is no specific authorization for the city to impose historic
distric rules, regulations, etc., upon property owners over and above
and beyond the zoning authorized.
The easy way to handle this problem is to do what the staff has
recommended - that is, nothing. The more difficult, but better and
less costly to everyone is to recognize the problems, adjust the legal
rights under the Historic District ordinance so that all of the
citizens of Little Rock get proper representation and a fair hearing
before a fair impartial commission. The apparent gross conflict of
interest, and the appearance of impropriety completely destroys a
citizen's faith in the leadership of the City, and its city manager
form of government.
I hope the Board of Directors will recognize the problem and work
toward a solution.
Yours sincerely,
AMERICAN LEGION POST NO. 1
B?:--2 P. Corn
JPC:msc