Agenda - Planning Commission - 04/06/2006

Home

March 10, 2006--Page 5 Low-Income Housing-- Developer wants to create large low-income housing complex Board denies applications based on neighborhood impact Citation: Housing Opportunities Corporation v. The Zoning Board of Review of the Town of Johnston, Supreme Court of Rhode Island, No. 2004-75-Appeal (2006) R_NODE ISLAND (01/11/06) -- Housing Opportunities Corporation (HOC) filed an application with the zoning board to obtain a comprehensive permit for the development of low- and moderate-income housing. HOC wanted to build a three-story complex, with 49 one-bedroom apartments for people aged 62 or older. After several public heatings, the local board denied the applications. Dur- ing this time, HOC discovered that the town had not met, nor plarmed to meet, the 10 percent standard for low- and moderate-income housing or the 15 per- cent standard for occupied rental units required under state law. HOC sued, argning that it should be allowed to build its development. The court ruled in favor of the board. HOC appealed, argning that its project could not be denied because of the town's housing discrepancy. DECISION: Affirmed. The board could deny HOC's applications because the decision was con- sistent with local needs. With respect to a community, such as Johnston, which has not achieved the statutory goal of 10 percent low- and moderate-income housing, state law defines "consistent with local needs" as "reasonably in view of the state need for low and moderate income housing" as well as "the need to protect the health and safety" of town and city residents and promote better site and .building design in relation to the surroundings. There was ample evidence in the record that the proposed development of this large structure, which would require a multitude of variances from local zoning ordinances and subdivision regulations, would differ substantially from and dominate the surrounding neighborhood in terms of density, intensity of use, and overall size. The neighborhood close to the site was predominately residential, where 87 percent of the homes were single family and less than two stones. In contrast, HOC's proposed building was 31 times larger than the average house in the area, would have a density over 327 percent greater than the norm in the neigh- borhood, and would encompass 34 percent of the total land area. Ultimately, the board's decision was supported by the evidence. see also: Coventry Zoning Board of Review v. Omni Development Corp., 814 A.2d 889 (2003,). © 2006 Oumlan Pubtist~ing Group. ,Any reproctuctIon ~s pron~baeO. For more information please call {617) 542-0048. 103