Planning Commission Minutes 2011 11 17

Home Browse Search

Planning Commission Meeting Minutes November 17, 2011 Page 5of 8 provisions regarding requests for reasonable accommodations under the federal Fair Housing Act (FHA).Case No. 11-041-LMC. Applicant:City of Louisville Case Manager: Troy Russ, Director of Planning and Building Safety Public Notice Certification: Published in the Camera on October 30, 2011. Posted in City Hall, the Library, the Recreation Center, the Police and Court on October 28, 2011. Conflict of Interest and Disclosure: None heard. Staff Report of Facts and Issues: Russ reviewed the City ofLouisville request with the following information: Background: 1)Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations inrules,policies, practices, or serviced when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. 2)Why change the LMC: a.Current version of the LMC is silent, or lacking, in accommodating certain protected individuals; b.It is difficult for the City to keep pace with changing federal laws; and c.A public hearing process could further single-out any particular group. Recommendation: Section 1, Chapter 17.52 would be amended by the addition of a new subsection 17.52.055, to read as follows: A.In response to a written application identifying the type of housing being provided and the portions of the federal Fair Housing Act that require reasonable accommodations be made for such housing, the City Manager, or the Manager’s designee, in consultation with the Planning and Building Safety Department, is authorized to approve minor modifications of building setbacks, height, lot coverage, or occupancy limits in order to provide reasonable accommodations without the need for an additional approval process. The City Manager, or the Manager’s designee, may approve a B. type of reasonable accommodation different from that requested by the applicant if the City Manager concludes that a different form of accommodations would satisfy the requirements of the federal Fair Housing Act with fewer impacts on adjacent neighborhoods. The decision of the City Manager shall be accompanied bywritten findings of act as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable The decision of the City Manager shall accommodations approved. be final.