02-12-09 Planning Comm. Agenda - Laserfiche WebLink

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Appeals. Section 922-A of the Zoning Ordinance establishes an appeal process when it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this Ordinance. Requests for appeals are considered by the City Council serving as the Board of Adjustment, following a recommendation by the Planning Commission. The applicant's request to be granted an exception from the City's definition of "family" will be processed as an appeal. In this report, we have identified potential issues that the family size definition is intended to address, including general zoning issues related to the occupancy of single family property. The City should evaluate this appeal based on whether the proposed exception would address the zoning issues in a way that would justify waiving the 3- unrelated person standard. Fair Housing Act. In consideration of the applicant's appeal, it should be determined whether or not denial of the applicant's request would in any way violate the intent of the Fair Housing Act (to provide fair housing throughout the United States). The basic premise of the Fair Housing Act (Section 804) is not to deny housing (sale or rental) to any person because of race, color, religion, sex, handicap, familial status or national origin. As previously indicated, the applicant's home would be occupied by four developmentally disabled individuals. The Fair Housing Act does not specifically address the definition of "family" in regard to "related" and "unrelated" persons. Obviously, the applicant's do not wish to deny occupancy to those persons having handicap. The City's definition of "family" is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise, disturbance and traffic congestion. Of particular question is whether or not the preceding concerns, regardless of whether or not the dwelling occupants are related, can be mitigated to the satisfaction of the City. Evaluation Criteria. As noted above, it is considered appropriate to identify issues which should be addressed in order to minimize potential adverse impacts associated with the proposed use. Based upon a review of the Fair Housing Act and typical zoning standards related to health, safety and general welfare, the following should be considered: Maximum Occuoanc~ A primary intent of the non-related persons limitation (within a dwelling) is to control adult population density and therefore maintain the character of single family residential neighborhoods. Thus, it is considered appropriate to establish an occupancy limit on the requested exception. In this case, the applicants suggest that the occupancy by the 4 tenants, and supervising staff, will not be dissimilar to a typical single family home due to the characteristics of the use.