TO: Mayor Collins and Town Council Members
FROM: Andrew Miller, Town Attorney
DATE: June 22, 2017
DEPARTMENT: Town Manager
Staff Contact Andrew Miller, 480-348-3526
End
AGENDA TITLE:
Title
Adoption of Resolution 2017-15 Amendment to the Town’s Reasonable Accommodation Process
Body
RECOMMENDATION:
Recommendation
Adopt Resolution Number 2017-15.
Background
Council Goals or Other Policies / Statutory Requirements:
Responsiveness to Residents - Preserve the special character of the Town - Reasonable Accommodation Process for Persons with Disabilities.
SUMMARY STATEMENT:
On April 26, 2012, the Town Council adopted Resolution No. 1252, establishing an application process to provide a reasonable accommodation to persons with disabilities. Under federal fair housing law, a request for a reasonable accommodation may be made by any person with a disability, or by another person on their behalf, in order to provide disabled individuals with an equal opportunity to use and enjoy a dwelling.
Due to recent problems regarding the current application process, it is recommended that the Town adopt Resolution No. 2017-15 to refine the Town’s process to provide a reasonable accommodation and fix some of the recent problems experienced with the current process; namely notice, spacing, and property ownership issues.
The proposed Resolution changes or adds three items to the Town’s current reasonable accommodation application process. First, the proposed Resolution includes a requirement that notice be provided to all Paradise Valley neighbors within 1,000 feet of the proposed reasonable accommodation site, rather than simply providing the Hearing Officer an option to provide notice to adjacent property owners only. Second, the proposed resolution implements spacing requirements between properties granted a reasonable accommodation and other group homes to ensure that adequate spacing is provided, thus furthering the goals of the Federal Fair Housing Act. Third, the proposed Resolution requires applicants to either be the owner of the property requesting a reasonable accommodation or have a written notarized consent from the property owner in order to apply for a reasonable accommodation. Resolution No. 2017-15 includes an emergency clause so that these changes will take effect upon passage.
Given the potential immediate impact to a neighborhood, it is respectfully requested that the Town Council adopt Resolution No. 2017-15, and declare an emergency so that the Resolution will take effect immediately.
BUDGETARY IMPACT:
There should be no budgetary impact to the Town.
ATTACHMENT(S):
Resolution #2017-15