Judge invalidates permit for Capitol-area building | Arkansas Blog

Tuesday, May 31, 2011

Judge invalidates permit for Capitol-area building

Posted By on Tue, May 31, 2011 at 12:46 PM

SITE OF PROPOSED BUILDING: Currently a parking lot at Sixth and Woodlane.
  • Google Streetview
  • SITE OF PROPOSED BUILDING: Currently a parking lot at Sixth and Woodlane.

Judge Jay Moody today invalidated a permit granted by the Capitol Zoning District for a five-story office building at Sixth and Woodlane Streets across the street from the Capitol. We wrote about this earlier.

Dan Cook, who's been active in downtown historic preservation, had sued over the permit. The judge agreed with Cook's argument that the commission couldn't waive a three-story height limit in the neighborhood without amending the zoning plan. This process requires public hearings and a legislative committee's approval of the change. The commission, appointed by the governor, oversees land use in neighborhoods around the Capitol and the Governor's Mansion. The height limit was put in place to prevent new construction from blocking Capitol views. Cook said he thought the restriction was important and hoped that it would be retained.

"If they are going to amend the plan to allow things that were not allowed, I'm not sure why need to regulate it at all. Why not just give jurisdiction back to city and let them do it, " Cook said.

Cook said discussions are already underway about amending the plan and that he's prepared to oppose it. Burkhalter is a recent Beebe appointee to the state Highway Commission whose investments include a technology company.

Boyd Maher, director of the Commission, said he'd have to talk to commissioners to decide what comes next — an appeal of the judge's ruling or the beginning of a process to change the rules in some fashion to allow it. Burkhalter was not a party in the case, but intervened. He had won the waiver by arguing that he'd have a hardship in building a structure with enough square feet to be profitable without the additional floors. Opponents responded that he should have contemplated the limit in buying the property.

Both Maher and Cook noted that the judge didn't consider the broader issue, whether the Commission had received sufficient evidence to justify the waiver. The failure to follow administrative procedures was enough to sink the permit. Joel Hooever, who represented Burkhalter Capital Development in the intervention, said they'd have no comment.

Tags: , , , ,

From the ArkTimes store

Favorite

Comments (4)

Showing 1-4 of 4

Add a comment

 
Subscribe to this thread:
Showing 1-4 of 4

Add a comment

More by Max Brantley

Readers also liked…

  • Judge Griffen: Why black lives matter

    Another few words from Judge Wendell Griffen growing from the controversy over the sale of Black Lives Matter T-shirts at the state black history museum — removed by the administration and restored after protests from Griffen and others stirred by a story in the Arkansas Times:
    • Mar 13, 2016
  • Sabin's subterfuge in the race for mayor has roots in rigged city government

    The Arkansas Democrat-Gazette reports that an ethics complaint has been filed saying that the exploratory committee Rep. Warwick Sabin created to prepare for a run for Little Rock mayor was a subterfuge to avoid the city ordinance that doesn't allow campaign fundraising to begin until five months before the November 2018 election.Of course it is.
    • Aug 10, 2017
  • More on how highways were used to wipe out "blight" of non-white neighborhoods

    Vox, a news website that concerns itself with energy and other issues, has a fine piece, including before and after images, on the history of the U.S. interstate system and why roads were built through the middle of cities (unless people of influence stopped them — see Manhattan, San Francisco and Washington, D.C.)
    • Mar 22, 2016

Most Shared

  • Take yourself there: Mavis Staples coming to LR for Central High performance

    Gospel and R&B singer and civil rights activist Mavis Staples, who has been inspiring fans with gospel-inflected freedom songs like "I'll Take You There" and "March Up Freedom's Highway" and the poignant "Oh What a Feeling" will come to Little Rock for the commemoration of the 60th anniversary of the desegregation of Central High.
  • Klan's president

    Everything that Donald Trump does — make that everything that he says — is calculated to thrill his lustiest disciples. But he is discovering that what was brilliant for a politician is a miscalculation for a president, because it deepens the chasm between him and most Americans.
  • On Charlottesville

    Watching the Charlottesville spectacle from halfway across the country, I confess that my first instinct was to raillery. Vanilla ISIS, somebody called this mob of would-be Nazis. A parade of love-deprived nerds marching bravely out of their parents' basements carrying tiki torches from Home Depot.

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation