2901 EVERETT AVE 2019-06-24 - Laserfiche WebLink

f 4. On April 25,2017,the Planning Director issued an administrative decision denying the - request for reasonable accommodation. The denial stated that the requirements of the federal Fair Housing Act require the City to provide reasonable accommodations when - necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling,and that as proposed,the City cannot approve the request to allow additional bedrooms without the required parking stalls. However,the denial letter also stated: "The x City can approve a request to allow additional bedrooms without providing the required number of off-street parking spaces but only if the bedrooms are occupied by tenants with disabilities as defined by the federal Fair Housing Act. This will require a new submittal with the required changes to your proposal." Exhibit 3. 5. Rather than submitting a revised or new proposal,the Appellants appealed the Aril 25th decision. The appeal letter states(in part): i Currently the house has residents from the HEN programs,Veterans S • Administration,Recovery Support Services,Department of Corrections, (we will continue to serve these agencies),plus people with mental disabilities and several disadvantaged.individuals who would suffer homelessness without this house. For the current residents who do not qualify as disabled,we hope that they should • have reasonable use of this home. We hope that those not having addiction issues x would not suffer discrimination for being poor and thereby be denied the use of I. this safe place to live. Our intent is to serve the most vulnerable persons in our - community. We believe that the City of Everett should allow reasonable accommodation status for this house in regards to waiving the rule requiring one on-site parking space per rented unit and allow mixed status for the residents so all can have equal opportunity to live in a safe and secure place. We cannot find any laws or rules that stat that clean and sober houses cannot have a mix of residents. Families come in all shapes and sizes and rarely do all members of a family household have dependency issues. We wish to have 17 units available for the at- risk population and we will allow no more tenant vehicles than the property can provide on-site. i Exhibit 2. l 6. At hearing,Appellant testimony confirmed that all rooms beyond the first eight would be used exclusively by disabled persons without vehicles. Tracy Bryson Testimony. However,in written testimony submitted at hearing,the Appellants first clarified that their request includes not only permission to open seven additional rooms for new residents,but also to retain the detached garage rather than demolish it to create two additional off-street s parking spaces as is required in the approved site plan for building permit number BW1607-004. Appellants asserted that the additional parking stalls would never be used because their residents do not own cars and do not have a large number of visitors. Finally, s they contended that the April 25th denial of reasonable accommodation request effectively discriminates against persons without disabilities. Exhibit 8. Findings, Conclusions, and Decision Everett Hearing Examiner Bryson Appeal,APP-17-001 page 3 of 5 i' F 4