08-23-00 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 23, 2000 house via LaBore Road given the grade issues from Keller Parkway. It was O'Neil's position that the City cannot deny the variance given the accessibility issues and rights under the Americans With Disabilities Act. O'Neil noted that at one point, one of her neighbors wanted to buy property from them so that their son could construct a house. The proposal at the time was for access via the same private driveway that she is proposing be used for the house she is now proposing. O'Neil questioned why the neighbor did not feel this would be a problem at that time. O'Neil pointed out previous suggestions that an elevator or lift be added to the house to address accessibility issues. She noted that in the event of a fire or power outage, an elevator or lift would not be operable and her husband would be trapped in the house. O'Neil felt that the City had to grant the variance due to ADA requirements to make accommodations for the handicapped, and quoted sections of Federal Law which she felt applicable. She questioned why her husband should be punished because he is handicapped. O'Neil indicated that in addition to having only one leg, her husband's heart functions at 60%, he has had several strokes, and he uses crutches against doctor's orders. O'Neil indicated that they have tried to satisfy the neighbors and offered to move the driveway back from their property lines as well as install landscaping. O'Neil did not know what more they could do. She pointed out that the neighbors have refused to meet with them to discuss the matter. O'Neil then went on to explain some of the difficulties her husband has in living in a home which is not handicapped accessible. O'Neil indicated that her husband has never asked for special treatment, but now at 65 years of age they feel it time that he live in a home that is handicapped accessible. Fahey indicated that he is well versed in ADA laws and requirements for accommodating people with disabilities. Fahey pointed out that whether or not a variance is approved is not based on a popularity contest between neighbors. This would be bad practice and pointed out that neighbors come and go. Fahey pointed out that in considering a variance, the Council must consider whether there is a hardship present unique to the land that would justify the variance. Fahey stated that he had difficulty with the variance now being requested pointing out that when the lot split was approved, the approval was conditioned that access to the lot would be via Keller Parkway. Fahey pointed out that the ADA law does not require the City to depart from its requirement that lots must have direct