Loading...
Resolution No. 2021-54 Set PH for Reasonable Access Ordinance Resolution No. 2021-54 Scheduling a Public Hearing on August 9, 2021 to Consider Ordinance No. 1395, Adopting Fridley City Code Chapter 34, Reasonable Accommodation Whereas, the Federal Fair Housing Act (Act)prohibits discrimination in housing on the basis of race, color, religion, sex, disability, familial status, or national origin; and Whereas, the Act prohibits state and local land use and zoning laws, policies, and practices that discriminate based on the characteristics protected under the Act; and Whereas, the Act requires local governments to provide a reasonable accommodation to local land use and zoning laws, policies, and practices that may be necessary to allow persons with disabilities to have an equal opportunity to use and housing; and Whereas, pursuant to Section 1.02 of the Fridley City Charter, the City may pass ordinances for maintaining and promoting the peace, good government and welfare of the City; and Whereas, the Fridley Planning Commission held a public hearing for Text Amendment request, TA #21-03 to add a Reasonable Accommodation ordinance to the Fridley City Code on July 21, 2021; and Whereas, the Fridley City Council finds it prudent to conduct a discretionary public hearing to take public comment on this proposed addition to the Fridley City Code. Now, therefore be it resolved, that the City Council of the City of Fridley hereby schedules a public hearing for August 9, 2021 in the Council Chambers of the Fridley Civic Campus, 7071 University Avenue N.E., at 7:00 p.m. to consider adoption of Fridley City Code Chapter 34, entitled Reasonable Accommodation found in draft Ordinance No. 1395, attached hereto as Exhibit A. th Passed and adopted by the City Council of the City of Fridley this 29 day of July, 2021. _______________________________________ Scott J. Lund – Mayor ATTEST: _______________________________ Daniel Tienter – City Clerk Exhibit A Ordinance No. 1395 Adding Fridley City Code, Chapter 34, Reasonable Accommodation The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 34, Reasonable Accommodation, be adopted and added to the Fridley City Code as follows: Fridley City Code Chapter 34 Reasonable Accommodation 34.01 Purpose It is the policy of the City of Fridley (City), pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for persons with disabilities seeking fair and equal access to housing. Reasonable Accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. 34.02 Definitions Accommodation Specialist: City Staff appointed by the City Manager or their designee to coordinate and administer the Reasonable Accommodation process outlined in Fridley City Code Chapter 34. Person: any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability. Reasonable Accommodation: process by which the City may provide an individual with a disability flexibility in the application of land use, zoning, or other regulations. 34.03 Initiation of Reasonable Accommodation Request Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the City’s Accommodation Specialist as appointed by the City Manager or their designee. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the Exhibit A request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. 34.04 Accommodation Specialist; Required Findings The Accommodation Specialist, in consultation with the City Attorney, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: (a) Special need created by the disability; (b) Potential benefit that can be accomplished by the requested accommodation; (c) Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (d) Physical attributes of and any proposed changes to the subject property and structures; (e) Potential impact on surrounding uses; (f) Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the City, and/or nature of the area in which the accommodation is being requested; (g) Whether the requested accommodation would impose an undue financial or administrative burden on the City; and (h) Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. 34.05 Notice of Decision The written decision of the Accommodation Specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to Section 34.09. The decision of the Accommodation Specialist shall constitute the final decision of the City, unless appealed according to the procedures and within the time limits provided in Section 34.09. Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. Exhibit A 34.06 Applicability Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the City's approval of such accommodation, shall be entitled to the benefits and protections thereof. 34.07 Conditions and Guarantees Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. 34.08 Fees The Fridley City Council shall annually set a fee in connection with a request for reasonable accommodation made pursuant to the provisions of this chapter. Additional fees for any other required permit or approval shall also be charged in accordance with the City's fee schedule. 34.09 Appeals Any decision reached by the Accommodation Specialist pursuant to Section 34.05 shall be subject to appeal to the City Council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the City Manager or their designee shall present such appeal to the Fridley City Council for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under Section 34.05. Following a hearing on such appeal, the Fridley City Council shall issue its findings, in writing, within 30 days. Passed and adopted by the City Council of the City of Fridley on this \[X\] day of \[Month\], 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Daniel Tienter - City Clerk Public Hearing: August 9, 2021 First Reading: August 9, 2021 Second Reading: Publication: