Planning commission approves Bates group home after neighbors cite dog and safety concerns

The Little Rock Planning Commission on May 14 approved a special-use permit for a group home at 301 Dryad Lane that will house up to six residents, adding conditions including a 6-foot privacy fence and removal of an on-site animal after neighbors said the home had operated without prior notice and had created safety and nuisance concerns.

The commission’s approval of file Z10245 follows a staff presentation that said the proposed group home meets city code standards and recommended approval subject to standard comments and conditions. City Attorney warned the commission that federal and state law create a presumption in favor of group homes serving people with disabilities, and that discussion must focus on public-safety, health and welfare rather than residents’ disabilities.

Neighbors told the commission they had not been notified, and several described repeated calls for police and emergency medical services. “Just since January, I’m aware of at least four times that we’ve had police and ambulance out there,” said Eric DeVries, who said he could not find evidence the owner had sought a permit earlier. Ali Haney, who said she is 82, described a large dog she said had chased children and torn at their fence: “That dog got loose and chased the children across the street from us and was trying to attack the children,” she said.

Applicant James Kevin Bates told commissioners the home is supervised, that residents are drug-tested frequently, and that staff are on site. Bates said the animal is vaccinated and neutered and described it as friendly, but he pledged during the meeting to move the dog off the property to ease neighbors’ concerns. “I’ll move him somewhere else,” Bates said. He also agreed to install a privacy fence and said he had an affidavit from the owner permitting him to act on the owner’s behalf.

Commissioners asked whether a renter can operate a group home and whether the owner needed to be present for approval. The city attorney said the code and statute do not require the operator to be the property owner; an owner may allow an operator to run a group home and the owner retains rights tied to the property. Staff also noted that special-use permits are not transferable between owners or locations and that permits must comply with use conditions and building codes.

Commissioner motioned to approve the permit subject to staff conditions and to require construction of a six-foot wooden privacy fence around the property in compliance with building codes and the removal of the dog from the premises. The motion passed with the majority voting yes and Chair Baxter recording an abstention. The commission’s approval is a recommendation to the City Board; neighbors may appeal the decision to the city board if they choose.

The minutes show the commission encouraged residents to contact the city director and use the 311 service line for ongoing animal-control or code-enforcement issues. The commission reminded residents that appeals and additional legal considerations are handled by the city board, which has the final authority on such applications.