For the second time in as many months, the Capitol Zoning District Commission deferred action on approving a home on South Broadway to be used as an alcohol- and drug-recovery house.
Muskie Harris said he began operating 2000 S. Broadway in Little Rock as a recovery home in late October before realizing that he needed a special permit from the commission, which governs building design and zoning in the downtown Governor’s Mansion Historic District.
At least a dozen neighbors have expressed opposition to the halfway house. Commissioners voted at their December meeting to postpone a vote on the issuance of the permit until their legal counsel could determine whether the recovering tenants were protected under the federal Fair Housing Act.
A report presented Thursday said that recovering addicts are protected under that federal law, and it cautioned the commissioners against basing their votes on who would be living at the home. The zoning district’s staff recommended approval of the permit, but commissioners were still hesitant.
Commissioner Tommy Jameson suggested issuing a temporary permit that would allow the home to operate as a chemical-free house until November. At that point, Harris would again appear before the commission, and the full permit could be discussed again.
Commissioner Brian Minyard said the panel members could then look at the home’s track record - how many times the police were called and how many times occupants failed their regularly scheduled drug tests - and base their votes on that rather than on speculation of how tenants will behave at the home.
But in a 4-2 vote, issuance of a temporary permit was rejected. Three commissioners were absent, and five votes were needed for the measure to be approved. Harris had the right to defer the vote on the permit until all commissioners were present, and he chose to do so.
Chairman Ron Maxwell, one of the no votes, said he won’t change his mind.
“I clearly think this is not a good use for the neighborhood, and I stand firm on that,” he said.
Commissioner Amber Jones gave several reasons for her no vote, including a recent visit to the house by police. Harris explained that a neighbor called officers after seeing an argument at the home. A resident was being kicked out of the home for not following the rules, and the matter was resolved before police arrived, Harris said.
The house holds up to 10 tenants who are court-ordered to go to recovery facilities. They typically stay about a year until their cases have made it through the courts and they have satisfied judges’ requirements.
The recovery home’s attorney, former Circuit Judge Marion Humphrey, said he and his client are prepared to take legal action in the matter, depending on what the commission decides.
Arkansas, Pages 18 on 01/24/2014