HOUSE OF WOE, CONT. “It’s just more of a personable option, and I just wanted to take care of them more individually,” he said. “I want to make a living taking care of people. That’s what I’ve always done.” W.C. Maynard’s wife, Jenny, is a resident of the Leawood home, which he said was a vast improvement over her previous care environments. “It’s the best place we’ve ever found,” he said. “That’s why we’re here. I’d give (Butler) an A-plus” The House of Three is what is known as an adult family home, designed as an alternative to institutional care. The residents live together as a family with an in-house caregiver. “We know that seniors want to live in their own homes, or, short of that, in their own communities,” said Krista Hughes, director of the Arkansas Department of Human Services Division of Aging and Adult Services. “All data shows that people would like to remain in the least restrictive environment possible.” These types of homes, while well established in other parts of the country, are fairly new to Arkansas. Hughes said there are only three homes of this kind in the state specifically approved for Medicaid funding, although there
are likely many more homes like the House of Three where elderly disabled people are paying for their care privately. The total number is unknown because state law only requires care homes to be licensed if there are more than three people living there. An aging population is increasing the need for long-term care for the elderly. Statewide, there are more than 21,000 elderly and disabled people who use Medicaid long-term services, with thousands more receiving private care. And people in nursing homes often don’t actually need the intensive level of care they provide, Hughes said. “In many cases, it’s simply because there were not options available in their communities,” she said. “We are trying to develop this model of supported housing.” Hughes, who spoke on Butler’s behalf before the City Council, said she was concerned the city’s denial “could easily discourage other people” who might want to provide such housing alternatives. “What Koy is trying to do is simply have an extended family environment for people who want to live there,” she said. Butler also ran into red tape in Little
Rock when he first sought approval for the Leawood House of Three. The city initially told Butler he would have to get a special use permit but eventually decided an adult care home fits within the city’s definition of a family residence — and that the federal Fair Housing Act prevents the city from placing restrictions on housing for the disabled that it doesn’t place on housing for the people who are not. So last August, Butler decided to buy the house on Arlington Road, which was zoned R-1, the most restrictive category for residential housing in North Little Rock. Before he could complete the purchase, he sought confirmation from Planning Director Robert Voyles that the House of Three would be allowed under the existing zoning. “I am of the opinion that your description of the House of Three complies with the definition of family as described in the North Little Rock Zoning Ordinance,” Voyles replied in an email. A week later, Voyles wrote Butler back to say that based on consultations with the city’s legal staff, “I retract my previous statements.” He informed Butler he would need to get the property rezoned to R-2 and get a special use permit.
The city’s objection was that Butler was operating a for-profit business. Under North Little Rock’s zoning ordinance, a family residence is defined as nonprofit. However, R-1 zoning does allow home-based businesses, as long as they are subordinate to the residential use and don’t change the “residential character” of the structure. (City business licenses have been issued to a telemarketing firm and a plumber located within a block of Butler’s Arlington Drive house.) And if Butler were merely renting out the house as a landlord for a profit, he could rent to up to five unrelated people without having his property rezoned. Why the different treatment for Butler? “I think because he’s not just renting the property out. He’s providing services,” Carter said. Carter also said city officials were unclear whether Butler would also be providing housing to elderly people who aren’t disabled, who would not be eligible for federal disability protection. But Butler said he always made it clear House of Three residents would all be disabled. A letter he sent to Voyles in August said all residents “will have a physical or mental impairment that
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MAY 22, 2014
ARKANSAS TIMES