Agenda - Planning Commission - 08/01/1995

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Page 4 -- July 15, 1995 Z.B. , problem was that they did not front on a street. However, the appeals court's decision regarding hardship was premature and incorrect. A finding of hardship based on a possibility that the city might decide not to accept a street dedication would encourage people to avoid nor- mal procedures. This would undermine the council's authority. Also, it was not clear whether a variance would have been the proper remedy if the city council had denied dedication. Since the city council had not yet acted, the decisions by the board and the courts were premature. Malakoff v. Board of Adjustment of the City of Pittsburgh, 456 A.2d 1110 (1987). In re Application of Burroughs Corp., 422 A.2d 1283 (1980). Housing L , Ordinance Limits Location of Homes for People With Disabilities Association for Advancement of the Men, tally Handicapped I~zc. v. City of Elizabeth, 876 F. Supp. 614 (New Jersey) 1994 In 1988, Congress enacted the Fair Housing Amendments Act of 1988 (FHAA). It prohibited discrimination in the sale or rental of housing based on mental or physical handicaps. The FHAA made invalid state or local laws that required or allowed discriminatory housing practices. In 1990, SERV Centers of New Jersey Inc. contracted with the New Jersey Department of Human Services to provide a community home for emotionally disturbed children in the city of Elizabeth. SERV found a house in an area in which the city construction and zoning department said a community residence for the developmentally disabled was permitted. SERV contracted to buy the house. When community members found out about SERV's intended use of the house, they complained that they were concerned for their children's safety because emotionally disturbed children were going to live there. When the mayor heard about this, he urged the city's director of construction to make SERV stop renovating the house pending an investigation. The director issued a stop work order. The mayor told SERV's president he would use every legal means to "stop SERV's invasion of Elizabeth." The m. ayor later said he thought it was illegal to change a neighborhood's residential character without communicating with the mayor or city council. The mayor also requested that DHS withdraw its funding from the project. On the Planning Board's recommendation, the city council amended the zoning code. It made conditional use permits necessary for community resi- dences that housed more than six developmentally disabled people. It also stated that permits would be denied automatically if the proposed community resi- dence was within 1,500 feet of an existing residence for the developmentally disabled, if the proposed residence was within 1,500 feet of a school or day care center, or if existing community residences in the township housed more