Planning commission approves group home at 15 Brook Haven Drive after neighbors raise safety concerns

The Little Rock Planning Commission on June 11 approved a special‑use permit (Z‑10228) for a group home at 15 Brook Haven Drive that will house eight residents, despite opposition from nearby homeowners who cited safety, parking and disclosure concerns.

Staff reading of the application described the property as an existing two‑story residence intended to house eight disabled men and said the applicant provided documentation showing compliance with “sections 8406A and B” of the city code. The staff report also noted there are three registered sex offenders currently living at the address and said the applicant proposed to remove any registered sex offenders from the property within 30 days if the permit were approved.

Neighborhood residents urged the commission to deny the permit. “A check with the sex‑offender registry shows there are three occupants that are sex offenders there,” said Robert Jaminski, who said he lives nearby and described prior police and code‑enforcement attention at the property. Jaminski said neighbors were not told the house was operating as a group home and raised concerns about traffic and the property’s history.

Dwayne Bentley, another nearby resident, told commissioners that he first learned of the house’s use only after neighbors raised concerns and described worries about weapons and street parking on narrow residential roads.

Supporters of the house, including a resident who identified himself as the house “dad,” described a different picture. “We’ve had no law‑enforcement issues at the house,” said Nicholas Samson, who said he lives at the residence and helps supervise residents; he added that staff respond quickly when there is a problem. Resident Kyle Carpenter said the house’s occupants have jobs, contribute to yard maintenance and are trying to rebuild their lives.

The applicant, Kasha Fabian of Magnolia Recovery Community, described the organization’s operations and safeguards: intake and programming, weekly parole‑officer oversight for clients, regular testing and house‑dad supervision. “We are trying to help as many people as we possibly can,” Fabian said, and she told the commission the program is licensed through Arkansas Community Corrections and that parole officers approve addresses and registration when required.

Planning staff explained the legal context for the commission’s decision. “There is a presumption that if eight or fewer people are living in a group home, it meets our ordinance requirements,” said Mr. Overton. He told commissioners that because the applicant agreed to move any registered sex offenders off site and bound the permit with that condition, the commission did not have the ordinance basis to deny the application and that a direct‑threat assessment would not be required at this time. Overton also said the city could revoke the permit and require the applicant to return to the commission if the condition were violated: “If you move a sex offender into that home after you’re approved ... the city of Little Rock will go in there and revoke your permit,” he said.

Commissioners voted to approve the special‑use permit subject to the staff conditions set out in the agenda report, including the applicant’s statement that any registered sex offenders would be removed from the property within 30 days. The motion carried.

The decision leaves the permit in effect under the conditions the commission imposed; staff said the city would enforce the condition and could pursue revocation if registered sex offenders are later housed at the address. The applicant and neighbors were told that enforcement would include monitoring of the sex‑offender registry and code/enforcement follow‑up as needed.