TO: Mayor Bien-Willner and Town Council
FROM: Andrew Miller, Town Attorney
Jill Keimach, Town Manager
DATE: November 5, 2020
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
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AGENDA TITLE:
Title
Discussion of Sober Living Homes/Reasonable Accommodation Process, Assisted Living Homes, Short Term Rentals, and Timeshares/Fractional Ownership
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BACKGROUND:
Town Manager Jill Keimach provided an update to the Council on October 8, 2020 regarding some of the code enforcement activities and other matters of note over the summer months, including a summary of issues related to Assisted Living, Group/Sober Living Homes and Short-Term Rentals impacting the quiet enjoyment of neighborhoods. This report is a follow-up to that presentation with a focus on four specific land use-related matters that have one factor in common, that is, they are occurring in residentially zoned neighborhoods. The four matters to be addressed in the report include: 1) Assisted Living Homes, 2) Sober Living Homes and the related Reasonable Accommodation Process, 3) Short-Term Rentals, and 4) Time Shares/Fractional Ownership issues.
The attached memo goes into significant detail on each of these areas, including the prior Town ordinances and resolutions related to each of these uses, a brief history of Town staff enforcement of these ordinances and resolutions, prior enforcement efforts, and other issues to consider (see "Prior Adopted Ordinances, Resolutions, and Town Enforcement Actions" attached hereto). One fact pattern that is common to three of these four "land uses" is that they have some form of protection or preemption under federal or state law, which makes responding to neighborhood concerns regarding the impacts of each "use" problematic. The sections below provide a summary of the prior ordinances, enforcement efforts, and preemption issues along with recommendations on changes to the existing ordinances, resolutions, or processes related to eac...
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