Agenda - Planning Commission - 11/02/2017

Home

September 25, 2017 I Volume 11 1 Issue 18 Zoning Bulletin Fair Housing/Discrimination—City ordinance requires 600-foot spacing between "family care residences" Disabled individual argues ordinance violates the federal Fair Housing Act Citation: A.D. by Valencia v. City of Springfield, 2017 WL 3288110 (C.D. Ill. 2017) ILLINOIS (08/02/17)—This case addressed the issue of whether a city zoning ordinance that required a 600-foot spacing of a "family care residence" from the property line of any other such facility violated the federal Fair Housing Act's prohibition on discrimination based on handicap. It also addressed whether a city's refusal to grant a condi- tional permitted use to a family care residence violated the Fair Hous- ing Act's reasonable accommodation provision. The Background/Facts: The owners of a one-story ranch house on Noble Avenue in the City of Springfield (the "City") (the "Noble home") renovated the home to make it fully accessible to mobility - impaired residents. In March 2014, Individual Advocacy Group, Inc. ("IAG") arranged for housing for three of its clients at the Noble home, including its client, "A.D." A.D. was a 62-year old adult who was de- velopmentally disabled and handicapped. At some time, it was discovered that the Noble home was located within 600 feet of an existing group home, in violation of the City's Zoning Code (the "Code"). The Code prohibited "family care resi- dences" from being located in a residence district unless located upon a zoning lot that is more than 600 feet from the property line of any other such facility: The Code defined a "family care residence" as: "[a] single dwelling unit occupied on a relatively permanent basis in a family -like environment by a group of no more than six unrelated persons with dis- abilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis or present whenever residents with disabilities are present at the dwelling." The Code further provided that any family care residence not in compliance with the 600-foot spacing requirement "may be eligible" for a condi- tional permitted use ("CPU") provided that the residence would not have: "any adverse impact upon residents of nearby facilities;" and "any detrimental affect [sic] upon existing privacy, lightor environ- ment of surrounding residences." 6 © 2017 Thomson Reuters