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Home My WebLink AboutHDC1998-020 Letter Form Hampton, Larkowski & Benca To Anthony Black 02/23/2001HANoTON, LARKOWSKI & BENCA MARK F. HAMPTON A PARTNERSHIP OF INDIVIDUALS AND PROFESSIONAL ASSOCIATIONS JERRY LARKOWSKI, P.A. • ATTORNEYS AT LAW PATRICK J. BENCA., P.A. 308 SOUTH LOUISIANA BRYAN P. CHRISTIAN + LITTLE ROCK, ARKANSAS 72201 • Lwamed to prwwe m Aslasws and Mmm (501) 376-6277 + Boomed to practice in Adwou and Texas (501) 376-6279 (tatafaasa) - Lkaned to pnsctice us Texas only MARIETTA ALPHIN MOW Adm=aa(or February 23, 2001 Anthony Black City Attorney's Office 500 West Markham Little Rock, Arkansas 72201 VM Dear Anthony: Betty Deislinger OF COUNSEL W. P. "BUZ" BARLOW, Jr. - 4315 West Lovers Lane Dallas, Texas 75209 (214) 351-4333 CONWAYOFFICE 809 Parkway, Suite 101 Conway, Ark=sas 72032 (501) 932-0060 (501) 932-0062 (facsimile) I have spoken with Ms. Deislinger about your concerns. Her position is she has been granted a Certificate of Appropriateness, and she has no current plans to change her windows as requested. She does intend to nurture the bushes to grow and -eventually cover the air conditioning unit. Let me know if you intend to take any further action on this file, or we will close ours and move forward. JEL: ma (SL Mel FROM: DATE: City of Little Rock HISTORIC DISTRICT COMMISSION MEMORANDUM Charles Toland, Permits Administrator V. Anne Guthrie, Historic Preservation Administrator 9 November 1999 SUBJECT: Permit for 1000 Rock Street This memo serves as administrative approval from the Little Rock Historic District Commission allowing the property owner of 1000 Rock Street permission to obtain an extension for a building permit. The COA, as required due to its location within the MacArthur Park Historic District, was issued to the property owner in 1998 for rehabilitating the structure's exterior (windows, roof, etc.); the conditions of the COA approval are attached. It is my understanding that the building permit was issued in 1998, that rehab work has been continuous and the anticipated completion date for the structure's rehabilitation is next year. With this understood agreement and the good faith effort of the owner, an extension of a building permit should be approved. If exterior changes or improvements are made that require additional approval from the LRHDC (see the Design Review Guidelines: MacArthur Park Historic District), property owner shall notify staff and appropriate actions taken for a public hearing. TO: MAYOR AND BOARD OF DIRECTORS FROM: CY CARNEY, CITY MANAGER SUBJECT. LITTLE ROCK HISTORIC DISTRICT COMMISSION AND CERTIFICATE OF APPROPRIATENESS FOR 1000 ROCK DATE: OCTOBER 19, 2000 The Little Rock Historic District Commission (LRHDC) was created by City Ordinance, Article VI, Secs 23-96--23-133, in 1977. The LRHDC consists of five members with specified qualifications (architect, resident, property owner, etc.) and is assisted by city staff, Historic Preservation Administrator; this position was designated in the mid 1990s. The LRHDC reviews applications for Certificate of Appropriateness (COA), as specified by the city ordinance. In 1999, thirty-four (34) applications were reviewed by the LRHDC; in 1998, eighteen (18) applications and in 1997, ten (10) applications. The LRHDC has the authority to approved applications for exterior changes; "no building or structure, including stone walls, fences, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered, restored, moved or demolished within the historic district.... until after an application .... has been submitted to and approved by the historic district commission." The LRHDC's authority was upheld in the court of law. Because there is the LRHDC, the City has received an estimated $300,000 in federal funds for projects such as architectural surveys of Central High, Hillcrest and Capitol View, funds for Kramer's stabilization and purchase of historic structures such as Mosaic Templars and YMCA. Regarding 1000 Rock: the applicant purchased the property in the summer of 1998; she was given a copy of the historic district's design guidelines by both the realtor and city preservation administrator. At the September 1998 meeting, the applicant appeared before the LRHDC for a COA to rehabilitate the historic structure; there were several items on the project listing, and among them were window repairs, install storm windows and to "take the front porch back to its original state .....and return the house to the original appearance." The application was approved conditionally; with staff recommendations of : 1) that a building permit be obtained and all work meet city code and regulations; 2) repair rather than replacement be the preferred approach to particular aspects of the rehabilitation (according to the Secretary of Interior's guidelines); 3) if new material is used, it will be sympathetic to the structure's architecture, i.e., Bragg Cottage on Scott for windows; 4) storm windows will be baked aluminum; 5) should the scope of work change, other than what is submitted, staff and the LRHDC will be notified, consulted and appropriate actions taken. In the fall of 1999, city staff received complaints about the work being done on the structure; it was discovered that the installed windows were not according to what the LRHDC approved. Also, the structure did not have a permit for the work being done; a previous permit had expired. A letter was sent to the applicant, requesting her appearance before the LRHDC at their November meeting. The applicant appeared at the January 2000 LRHDC meeting, along with three other property owners who had not followed district guidelines. At the January meeting, the applicant for 1000 Rock was given a six-month period in which to comply with the city ordinance and the district's design guidelines. Four letters were written to the applicant; the applicant addressed one letter to the LRHDC in July. Several phone calls were made to the applicant, asking for resolution and compromise. In August, the LRHDC voted for staff to initiate an affidavit for the applicant to appear before the city's environmental court. An unsuccessful attempt was made to serve the warrant on Friday, September 29; as she was absent, but notified of the attempt, she called the district's code enforcement officer who instructed her over the phone of the reasons and possible action for her to take. At a LRHDC meeting on October 5, the applicant was in attendance in support of another applicant; the attending city legal representative, asked her identify and if she owned 1000 Rock; she responded positively. The legal representative left the meeting; subsequently, a warrants officer appeared and after waiting outside the meeting room, asked if she would step away from the meeting. She was escorted to the police station a block away and signed the warrant for an appearance before municipal environmental court. A packet of information was prepared with a chronology of events related to 1000 Rock; the attached packet contains the correspondence, application, etc. for the subject property. If you have any questions or need additional information, please call. Attachments CHRONOLOGY OF EVENTS 1000 ROCK COA Application submitted submitted 15 August 1998 with COA application & listing of rehab work approved with conditions Meeting with applicant prior to 1998 meeting and other occasions home visit with applicant prior to LRHDC meeting (rainy afternoon, sat in dining room & had tour of house) COA before LRHDC 3 September 1998; approved with conditions (abutting owners notified) asked to appear before LRHDC in November 1999; appeared January 2000 Minutes 3 September 1998 29 November 1999 6 January 2000 Correspondence to applicant: 23 November 1999 (from A. Guthrie) to applicant: 26 January 2000 (from A. Guthrie) to applicant: 13 April 2000 (from A. Black) to applicant: 22 June 2000 (jointly from A. Black & A. Guthrie) from applicant to LRHDC: -- July 2000 Criminal Affidavit: 18 August 2000 Conversations applicant called code enforcement officer Rick Purifoy 28 or 29 September, prior to October 5 (she was notified that the warrant had been attempted to be served but she wasn't home; she called Purifoy and he explained the process) Conversations with applicant several phone calls & personal occasions prior to 1998 appearance before LRHDC several phone calls & personal occasions during 1999 and 2000 one phone conversation with applicant summer 2000 Prior to the fall of 1999, substantial work done on applicant's house: windows storm windows roof ac units sewer & electrical work apartment rehab in rear In the fall of 1999, after two calls of complaints, regarding ac units, etc. I called permits to ask if 1000 Rock had a permit; I was informed that there was an expired permit but not a permit for ongoing work. At that time while on the phone, permits stated that an inspector was in the area and would go by and check on work. Inspector radioed in that substantial work was being done (ca. $30,000). He had a conversation with applicant and stated that a permit was required; a stop work order was issued at that time. I prepared memo to permits allowing electrical, etc. to continue. Work commenced a few days later after a permit was filed. Nonconforming items: - shed roof in rear installed 1998, no LRHDC or staff approval - ac units on north & west; no LRHDC approval - security bars on those with storm windows - front porch light fixture & fan added - rear porch added September 2000; no required approval (altered bldg. footprint) Phone conversation with: Max Brantley 9 October Linda Caillouet 10 October Calls of Complaint: 10-12 10-13 663-8610 unidentified 663-0555 Henry Gatlin unidentified phone Diana Taylor unidentified phone, Dora ?? From Boston unidentified phone, -Pat Lile 663-2711 Byrum Magness 224-2288 Arthur Miller, abuse of power 897-1154 Bobbie Stanton unidentified phone & caller Calls of Support: Robin Loucks Jim Walsmith, 372-4757 Ann Bryan, 374-5396