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Planning Commission <br />Meeting Minutes <br />December 8, 2011 <br />Page 2 of 13 <br />Regular Business – Public Hearing Items: <br />Resolution No. 27, Series 2011, Fair Housing Act (FHA), <br />a <br />recommendation concerning the adoption of a proposed ordinance <br />amendingChapter 17.52 of the Louisville Municipal Code to adopt <br />provisions regarding requests for reasonable accommodations under <br />the federal Fair Housing Act (FHA).Case No. 11-041-LMC.Continued <br />from the November 17, 2011 meeting. <br />Applicant:City of Louisville <br />Case Manager: Troy Russ, Director of Planning and Building Safety <br />Public Notice Certification: <br />Published in the Camera on October 30, 2011. Posted in City Hall, the Library, the <br />Recreation Center,the Police and Court Building onOctober 28, 2011. <br />Conflict of Interest and Disclosure: <br />None heard. <br />Staff Report of Facts and Issues: <br />Russprovided the staff summary using a power point presentation with the following <br />information: <br />Background Information: <br />Federal Fair Housing Act prohibits discrimination in housing on the basis <br />of race, color, religion, sex, national origin, familial status, and disability. <br />One type of disability discrimination prohibited by the Act is the refusal to <br />make reasonable accommodations in rules, policies, practices or services <br />when such accommodations may be necessary to afford a person with a <br />disability the equal opportunity to use and enjoy a dwelling. <br />Why change the LMC to enable the City Manager to interpret the fair <br />house act requirements? <br />1)Current version of the LMC is silent, or lacking, in accommodating <br />certain protected individuals; <br />2)It is difficult for the City to keep pace with changing federal laws; <br />and, <br />3)A public hearing process could further single-out any particular <br />group. <br />Recommended changes to LMC Sec. 17.52 to add a new subsection <br />17.52.055 Fair Housing Act Reasonable Accommodations to read as follows: <br />A.In response to a written application identifying the type of housing <br />being provided and the portions of the federal Fair HousingAct that <br />require reasonable accommodations be made for such housing, the <br />City Manager, or the Manager’s designee, in consultation with the <br />Planning and Building Safety Department, is authorized to approve <br />minor modificationsof building setbacks, height, lot coverage, or <br />occupancy limitsin order to provide reasonable accommodations <br />without the need for an additional approval process. <br />B.The City Manager, or the Manager’s designee, may approve a type <br />of reasonable accommodation different from that requested by the <br />applicantif the City Manager concludes that a different form of <br /> <br />