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Board delays condemnation of 3101 Asher Ave after dispute over permit history
Summary
A proposed emergency condemnation of 3101 Asher Ave was delayed to the June 2 meeting after the property owner and building staff disagreed over the record of permit submissions; the board asked staff to produce documentation and requested the building official attend.
The Little Rock Board of Directors delayed action on an ordinance that would condemn the property at 3101 Asher Avenue as a structural fire and health hazard after several rounds of testimony and staff questions about the building’s permit history.
The ordinance (introduced as M2) was read for first, second and third readings. During public comment the property owner described repeated attempts to obtain permits, said he had purchased the building in 2020 and told the board he had purchased materials and tried to follow staff guidance. "I purchased it in 2020," the speaker said. He also told the board he had been unable to obtain the permits needed to do the outside work and said, "We can't get the permits."
Building and planning staff told the board some permit submissions were incomplete. Planning staff said the applicants had submitted materials that were "not up to par" and that some items were held at a "resubmit" status rather than being stamped as denied. As staff described the permitting workflow, they said, "We would call it resubmit instead of deny," meaning missing documents keep the application in a pending state until resubmitted.
Board members asked for the record of applications, comments and staff responses. Director Phillips said he viewed the case as a miscommunication between applicants and staff and announced he would vote "no" on moving forward with condemnation at that time. City Attorney Carpenter recommended tabling the ordinance for two weeks so staff could compile the permit packets, correspondence and inspection notes.
The board voted to delay consideration until the June 2 meeting and asked staff to bring the building official (Tim Whitener) and the relevant documentation so members can determine whether the property should be condemned or if enforcement action can proceed after further review.
Why it matters: condemnation removes property rights through a legal finding of immediate hazard; the board’s decision to delay reflects requests for documentation that affect whether emergency abatement is warranted.
Next step: staff to collect and present application documents, staff comments and inspection history; the board will revisit the ordinance at its June 2 meeting with building staff present.
