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PC six community residential homes reasonable accommodations

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The county’s agenda for Planning Commission, May 7, 2026

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Jon Moody

Item PC 6. This one is a bit of a mouthful, so I might mess up a little bit here. Uh you'll be sitting as a local planning agency. It's PDE 260025. It's an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, Section 304, public notice requirement. Section 402.3, conditional uses, section 407.2, zoning variances, section 407.4, alternative relief, section 407.5, alternative standards, section 4, excuse me, 503.

Agricultural District, Section 504, AC1 Agricultural District, Section 505, AR Agricultural Residential District, Section 506, AR Agricultural Residential District, Section 507, AR5 Agricultural Residential District, Section 508, AR, excuse me, RMH, AR5MH, Agricultural Mobile Home District. I told you I'd mess up one of them. Mm-hmm. Section 509, Estate Residential District. Section 510, ER two Estate Residential

District. Section 511, RMH, Mobile Home District. Section 512 R1 MH Single Family Mobile Home District, Section 513, R2MH, Rural Density Mobile Home District, Section 514, R1, Rural Density Residential District, Section 515, R2, Low Density Residential District, Section 516, R3 Medium Density Residential District, Section 517, R4, High Density Residential District. Section five eighteen MF

One Multiple Family Medium Density District Section 519 MF2 Multiple Family High Density District, Section 520, MF3 Multiple Family High Density District, and creating 408 reasonable accommodations, Section 530.26 standards for community residential homes, large, appendix A definitions, and other sections as necessary. necessary for internal consistency, providing for applicability repealer, providing for subrability, an inclusion to the land development code, and an

effective date, and this one will be presented by staff.

Unidentified speakerVoice A

That was indeed a mouthful, I'll tell you what. Yeah. Thank you, Gianna for that. Uh good afternoon, Planning Commission, Vasilio Savopoulis, uh Planning Development and Economic Growth. And this is the Land Development Code Amendment for community residential homes. Staff initiated this amendment in response to several. Federal and state preemptions starting with the amendment of Board of statutes three ninety seven point four eight seven. This amendment required local governments to adopt a process for the

review and approval of certified recovery residences. including a procedure for requesting reasonable accommodations consistent with both the Federal Fair Housing Act And the Americans with Disabilities Act. As staff conducted further research into certified recovery residences and the FHA and ADA requirements. we gained a better understanding of how our code attempts to meet such requirements. This review also highlighted additional requirements under Florida Statute four nineteen point zero zero one. Which governs community residential homes

licensed by state agencies such as the Department for Children and Families, the Agency for Persons with Disabilities. and the agency for healthcare administration. In response to these preemptions, staff is proposing amendments that clarify the procedures for the use and approval of residences serving people with disabilities. And these changes also establish new processes for obtaining relief. from land development regulations that may otherwise prevent Such residences from being established.

So we've organized this presentation into two sections today, the first addressing the need for the clarity regarding uses and people with disabilities, and the second portion outlining the new procedures for requesting relief as a reasonable accommodation. Staff's proposing revisions to the definitions for community residential home and group living arrangement to better distinguish between disabled and non-disabled residences. We've revised the existing definition of community residential homes to include any home whose primary purpose is to house individuals with disabilities

that are licensed or certified by state agencies. This definition will also include certified recovery residences to satisfy the requirements of Florida Statutes 397.487. We've removed all language from the definition of group living arrangement. That speaks to groups of people with disabilities. And we further classify community residential homes into small or large, being one of six one to six residents or seven to fourteen respectively. We're also proposing new definitions for transitional community

residences, which serve similar populations as community residential homes, but only for temporary or transitional time periods. And then another new definition for congregate living facilities is included to identify those group of living arrangements for individuals without disabilities whose presence may create safety impacts for the surrounding community. Finally, a last definition is proposed for the definition of disability. And that is to include individuals with physical, mental, or developmental disabilities, as well

as those in recovery from drug or alcohol addiction. This definition aligns with the ADA's definition of disability and does not include those who are in active drug addiction or alcohol addiction. And so, in addition to those proposed definitions, we've added community residential homes, both small and large, transitional community residences, and congregate living facilities to specific zoning districts, and that'll be discussed on the next slide. And additionally, we've created

standards for community residential homes and transitional community residences. that align with state requirements and the intent of those residences in creating normalization for their clients.

So the table you see before you presents the proposed uses within their corresponding zoning categories in comparison to existing uses. In the first column, you'll see that the small community residential homes of six or fewer are permitted by right in all residential zoning districts. And because these groups of unrelated individuals meet the existing definition of family, In our code, they are allowed to locate anywhere a family may reside. The second column shows large community residential homes of seven to fourteen. And those are proposed

as a conditional use in single family districts, except for RMH districts. This approach is consistent with the FHA requirements of equal treatment, as we already provide a similar conditional use process for group living arrangements of seven to fourteen non-disabled individuals. Under current conditions, community residential homes are generally classified as group living arrangements. Therefore, there are no substantive changes being made beyond clarifying the types of residences. And who they're going to serve. Additionally,

these homes are permitted by right and multifamily district, which reflects additional preemptions established in Florida Statutes 419.001.

In column three, you'll see transitional community residences, which apply of groups to two to fourteen. And we made this distinction starting at two people based on the transitional and institutional-like environment and a desire to lessen impacts on the surrounding community. Transitional community residences are proposed as a conditional use in single family districts, except for RMH, and are permitted by right in multifamily districts like their counterparts. And in column four, you'll see congregate living facilities.

those serving individuals without disabilities and are not protected by the FHA. They are proposed to be prohibited in all single family districts and allowed as a conditional use within multifamily zoning districts.

So we we've talked about the uses so far and where they might be located and we'll go over some of the standards here as well. So standards for community residential homes and transitional community residences are going to encompass licensing requirements, spacing requirements, and a maximum number of residents. Licensing or certification is required with the provision of temporary operation without licensure or certification. However, facilities licensed by APD and DCF cannot operate without complete licensure.

However, certified recovery residences have up to 180 days to obtain certification. and Oxford houses have up to thirty days to obtain their charter, and that's reflective of the certification process uh required by their respective certif certifying agencies. With respect to spacing and max maximum occupancy, local regulations are not allowed to be more restrictive than those established by the state. And thus we've aligned our standards with the standards set forth in Uh Florida statutes four nineteen point zero zero

one. For uses permitted by right, the operator of the community residential home or transitional community residents must lotif must notify the local government of their intended location in accordance with the FORTA statutes. And if all the above standards are met, then the local government can approve that siding. And then for residents that have to seek a conditional use, all of those applications will be evaluated using these same criteria in addition to the existing standards within Section 402.3.

All right, we're on to part two. So in our second portion of the presentation, we're going to discuss reasonable accommodations. And reasonable accommodations are a form of relief from land development regulations as required under the FHA and are based on disability-related need. Such requests must be approved unless the local government can demonstrate that granting that accommodation would create undue financial or administrative burden or that it would fundamentally alter the local zoning scheme. And to be very clear, these use approvals that we talked

about earlier are separate from the relief procedures proposed here. The criteria outlined here that I just mentioned only apply to requests for reasonable accommodations, not for use approvals. Some examples of reasonable accommodations might include deviations from proposed standards of spacing or maximum residence for community residential homes. Deviations from fencing height maximums to allow for additional safety. a deviation from parking requirements if the residence doesn't have residents that drive. a

deviation from a zoning setback to allow for a ramp. or a request to have an animal that's typically not allowed within the zoning district. And so you may notice some of these examples would typically apply to a residence versus an individual, and we're going to talk about that next.

So for residences as community residential homes or transitional community residences, as they're residential homes, we found it inappropriate for the residence itself to seek relief based purely on an individual's disability. And as such, the applicants of these homes may request reasonable accommodations, but they'll go through either a zoning variance or an alternative standard. With the exception of a required sixty day approval under Chapter or under Florida S statutes three ninety seven, four eighty seven. These processes are going to function

larger the same. Variances will continue to be reviewed and approved by the Planning Commission. Well, alternative standards will be administratively approved. Maintaining these existing pathways preserves procedural consistency and supports equal treatment under the FHA. Lastly, an additional subsection is proposed within alternative standards outlining criteria to allow for deviations from the spacing requirements and the maximum residence standards that we spoke about earlier. Um

And that is it on that one.

So in the case of a conditional use, which most uses would be a conditional use here, they are able to request a reasonable accommodation request, and it may be reviewed concurrently with a conditional use hearing to expedite the timelines and support faster approvals in general. The only caveat is that the applicant must waive the 60-day approval period in order for the two processes to run simultaneously. the conditional use hearing and any associated public comment. Will apply solely to the use

itself. and any conditions necessary for its approval. Request for reasonable accommodations will follow the criteria associated with the applicable relief mechanism, whether it's a variance or an alternative standard. And it will not be subject to an additional public hearing.

And so those were for the residences, this is for the individuals. We're proposing a new section, section 408, where individuals with disabilities living in any residence can request a reasonable accommodation to meet their disability related need. Such requests shall require a third party verification of the disability by a trusted party, such as a healthcare professional or an organization involved in the individual's care. Requests will be reviewed for approval by the county administrator or designee and will be

based on the demonstrated nexus between the disability and the accommodation that they're requesting. These requests will also be subject to the 60-day approval period to maintain consistency with equal treatment under the FHA.

And this table is meant to summarize the information that we've previous previously presented regarding use approvals. and the methods in which those uses would seek uh reasonable accommodations. And so as you'll see, you have residence type in the first column followed by the number of residents that's typical of that that type of residence. the zoning district and the approval process in which they would um be approved for use. the reasonable accommodation method in the next column, followed by the person or process who's going to oversee that approval. and the approval period um

as mandated by Florida statutes. And so individuals, again, they'll follow the new procedure outlined in section four hundred eight. while the residential operators will follow either the alternative standard or variance as the vehicle for their reasonable accommodations. And regardless of the method used, all reasonable accommodations will be processed within 60 days to comply with the Florida statute 397.487, except for in the conditional use applications where they would have to waive their 60-day timeline to be completed more concurrently

and more efficiently. And a final note, um individuals within any residence needing a reasonable accommodation, whether they're in a group home or just their own home. If it's specific to them and their disability, they may request an individual reasonable accommodation under Section 408 that remains with them, but not with the residence itself.

And the staff is recommending you accept public comment. And find the proposed amendments consistent with the comprehensive plan. And of course I'm here for questions if you have.

Charles GreyChair

Thank you.

Unidentified speakerVoice B

Okay. Any questions up here? Yeah. Can you go back to the reasonable accommodation?

Unidentified speakerVoice A

Um

Unidentified speakerVoice B

When it says they can apply for a variance or an alternative standard.

I'm making the assumption the variance is applicable to a zoning standard and the alternative Standard. The alt standard request is requ related to a land development code issue.

Unidentified speakerVoice A

Yes, sir. That was that's a correct assumption. We we base it off we thought a zoning variance would cover things under Chapter five hundred, um, maybe related more to dimensional standards versus, you know, Chapter nine hundred, which would affect more.

Unidentified speakerVoice B

And

Unidentified speakerVoice A

can

Unidentified speakerVoice B

you go back to the table of the

So

Explain the reasonable accommodation for individual again.

Unidentified speakerVoice A

Okay, so um the individual um Like I said, anybody, anywhere, any house, they can request a reasonable accommodation from the from the local government, us. Um and essentially they submit their request and the county administrator or designee will review it based on the nexus between their disability and the needed accommodation, as well as those other criteria of um if it would be unreasonable, if it would um lead to undue financial or administrative burden or all you know significantly alter

the local zoning scheme. That was based out of the FHA's requirements.

Unidentified speakerVoice B

I know this is gonna sound ridiculous. One of the things you mentioned was animals.

Yeah, I did mention animals. There was a request a reasonable accommodation to have an animal that might not otherwise be allowed in the zoning district.

Unidentified speakerVoice A

Yeah, it's it seems silly. We we have actually had that request passed from what I've you know been told from other people who've worked here. Um there was a request for a um a llama, right? Um there was a request for a llama um was not allowed as part of the zoning district. Um I'm I'm not entirely sure why, but there was a reasonable accommodation requested where the healthcare professional that oversaw the care of that patient said um you know that they have this service animal disability and they need to have this as a service animal and we were allowed to

let that llama um be part of that zoning district at that time despite it not being allowed to

Unidentified speakerVoice B

how will you make that determination how will the staff make that determination So I j I'll just this is crazy example. Maybe we could even use the Lama example. I mean, I came from the day where you know, a support animal was a seeing eye dog for someone who was blind. And now it seems when I go in the grocery store everybody has a support animal. We didn't allow us dogs in the grocery store when I was a kid and I don't know why they're allowed there today, but Um So

somebody could come in and with a letter from a doctor that says, Mr. Jones is a recovering drug addict and needs his support elephant. And we want to have this in the R four zoning district and you're going to allow that.

Unidentified speakerVoice A

I don't know that that would be the case. Uh again it's it's based off One showing that relationship between the disability and what they're asking for and then that part of

Unidentified speakerVoice B

the disability it required a llama. Okay, I get it with a seeing eye dog. Yeah. All right, but I'm trying to figure out what what what disability needs a llama.

Connected City

Well

Unidentified speakerVoice B

how does that work?

Connected City

And that's where the reasonable part comes in, right? The re the reasonable portion.

Unidentified speakerVoice A

Yeah, uh that would be considerably different, right? Um I know a lot of this is based on on reason. It's a it's about going back and forth and considering, you know, would it really alter the local zoning scheme? Um and everything is a case by case basis. And so it's really trying to determine would that an elephant I think would would really alter the zoning scheme, it would be significantly out of place as compared to Llama and I know that that, you know Well you could argue either way on that, but um again like following through these these criteria in the FHA is based on case by case basis and and

the bur the burden of proof is on the local government to prove that it would be unreasonable or that it would

Unidentified speakerVoice B

be a concern.

It's not the correct the bur the burden's not on the applicant to prove that he needs a llama. It's on the government to prove that You don't need a llama or you can't have a llama here.

Unidentified speakerVoice A

That's understandable, absolutely.

Unidentified speakerVoice B

Mm-hmm. Mr. County Attorney, what happens if we say no, we don't want to do this?

Jaimie GirardiVice Chair

Well in theory it could be considered a violation of the ADA or for housing act, but but The cr the I don't think I think you may be over I think the dialogue the grounds for denial may not more grounds for denial in the code than what you all are discussing. I mean there there

Unidentified speakerVoice B

so maybe you can help with that.

Jaimie GirardiVice Chair

Well if you look at so if you look at Um I'm looking at the

two dash three of the code. It lists criteria for how you evaluate the reasonable accommodation requests. And it's there's two A through E.

Um So my reading of that is that You you can deny a a request, for example, if you think that it would you know, change the character of the zoning district. Um Or if you think it it might impose an undue financial administrative burden on the county. I mean th there's there's there's There's criteria there that Yeah. For the evaluation of

the request.

Sorry,

Unidentified speakerVoice B

I'm trying to get to the criteria.

Liam Devine

But this would be a minister This one would be administrative because it's an individual person. It's not something that we would be seeing.

Unidentified speakerVoice B

That is the next concern.

Liam Devine

Um I

Jaimie GirardiVice Chair

do I think you've set this up to be a county administrator or designee's approval.

Unidentified speakerVoice A

For the section four hundred eight for the individual, um we did and that was based on the idea that um you know, the individual deserves that that confidentiality with their disability and we wanted to prevent them from having to go through public hearing and And the idea of of you know public comment based on something that they need to enjoy their dwelling because of you know something that's it's a

Jaimie GirardiVice Chair

it's appealable to the Planning Commission.

Unidentified speakerVoice A

Right.

Jaimie GirardiVice Chair

It's denied.

Unidentified speakerVoice B

So in the in the can appeal to the Planning Commission, but do the neighbors get to come down and apply appeal to the Planning Commission that someone put a llama in their backyard in Gulf Harbors?

Jaimie GirardiVice Chair

Actually, yes, actually they could. Because it says a decision on a request is appealable to the Planning Commission. Doesn't say that it's only appealable by the Space Three. Applicant. So an A There is I mean the no the only notice of it is it's a posted notice. So but in theory, yes, a neighbor could appeal it.

Unidentified speakerVoice B

It's just that we have

We have a society in my opinion, speaking strictly for me, that has taken the whole support animal thing to And extreme. He said, I don't think anybody has a problem with a seeing eye dog. or a dog helping a service member who stepped on an IED in Iraq and you know, helps him across the street or answers the door or whatever it does. Answers the phone. I've seen

animals trained for that. But we hear stories all the time. I need my support snake. You're telling me we actually had a request for a support Lama And you know, I'm gonna wait for the guy that says I need to support King Cobra. And eventually we'll get one. And there needs to be a way to make sure I don't have a problem providing a reasonable accommodation. But we have to make sure as a community we have a way to Stop. An

abuse. of these accommodations.

Jaimie GirardiVice Chair

So

And this may be a question that Elizabeth needs to answer that I think she's online somewhere. I I don't for these criteria A through E. Do we need to show that they don't meet all five of these to deny it, or do we just need to show they don't meet One of these five.

No I'm not entirely clear 'cause it says that

Accounty Minister Disney shall consider evidence related to the following. So I'm not sure like so for example it two like if for two C says whether a sufficient alternative to the request exists. So if we think that there's an alternative Did they a reasonable combination? Is that enough of a basis to deny it or do we have to show that

All A through all of these things to deny

attorney to the tourist development council

My own. Can you hear me? Yep. Hi, good afternoon, Elizabeth Blair. Um, this this these criteria were actually taken for some background here from a HUD white paper, a joint statement between the Department of Housing, Urban Development, and Department of Justice. This is a six-factor bouncing test, basically, that we have to evaluate. The individual requesting the RA has to meet clearly a Um B has to be put forward. C

is like a reasonable basis sort of thing. And then D and E are the only two things that we would actually be able to base a denial on if even if the other things were all complied with. Does that make sense?

Jaimie GirardiVice Chair

Kind of. I mean

Unidentified speakerVoice B

Elizabeth, I'm I'm just confused. What's the rational nexus between

Uh whatever disability and someone had in a llama.

Jaimie GirardiVice Chair

Well Okay, but the the I don't want to get specific on the Llama. I I I just want to Elizabeth just make sure I understand the your answer. Well the point

Unidentified speakerVoice B

is

Jaimie GirardiVice Chair

that people make these

Unidentified speakerVoice B

requests. I know it sounds ridiculous, but somebody made this request, right?

Jaimie GirardiVice Chair

I I get it. But I I want to make sure I understand her answer first before we get to the specific So If we don't if the planning if the county administrator doesn't think that there is a rational nexus between the requested accommodation And their needs. And they deny it.

attorney to the tourist development council

The applicant would not meet the test to be able to obtain a one. Of course, you could we could deny. I think an example may be someone has a particular handicap and what they're asking for doesn't actually address their handicap. I mean that could clearly not be a rational nexus.

Jaimie GirardiVice Chair

So so then I guess the answer to my question is that if The the applicant has to meet all of these things. In other word or in other words, any one of these A, B, C, D, or E could be the basis for a denial.

attorney to the tourist development council

Yes, if the applicant can't meet ATC. D, we can say no. Because it's our prerogative if we can say it's changing the zoning c district.

And then E as well. And these two two D and E have actually been litigated, and they're very factual, highly factual, specific assessments that actually require the bouncing needs of both the parties, both the government and what the person is looking for. And they are all very, very different, very specific to different situations. So we basically have the ability to make a very good argument if we say that we're this is actually going to fundamentally alter our zoning nature or

et cetera.

Jaimie GirardiVice Chair

So I guess Mr. Moody, I I don't think that somebody's just automatically entitled to an accommodation just because they say I need a llama. I mean I I I think the test is a little more stringent than that.

Unidentified speakerVoice B

Was the Lama granted in the

Jaimie GirardiVice Chair

I don't know. I if it was or wasn't. I'm just saying that if If

If the county administrator thinks it's gonna fundamentally alter our zoning scheme to to have a lawman in that zoning district, in theory If it you know, or change the character of the zoning district, we in theoretically deny it.

Unidentified speakerVoice B

And I apologize, Mr. Karbala, because I'm not referring to you. We could get a little bit more than a little bit. One bleeding heart county administrator. And the next one or the previous one before that could be a hardliner. One guy could say, Oh yeah, I you th this is great, you need to have this llama or elephant or whatever it is. And the next guy could say, No, you can't. And it just would seem to me That the power to make that decision should not lie with one person. That should

come If we're going to do something where we're going to allow something that's not otherwise allowed in a zoning district. Don't get me wrong. I understand. You know, a handicap ramp could be considered to be an accessory structure and you can't have an accessory structure in the front yard under the zoning code. I actually don't think that person should have to come get a variance to get a handicap ramp in his front yard. But if you want to put a llama in an R four zoning district

I'm just not believing that power should be vested in one One person. That there should be the chance for the public, the the affected neighbors to speak, the board to discuss it. I don't care whether it comes to the Planning Commission, but somebody should get together as a group and decide.

Something we want to do.

And the problem is that we live in a society that will abuse this. They've shown they if you've had an applicant for a llama then you

It's pr you're gonna get another one. Exactly. And Next time it'll be a zebra or Spitting cobra. I don't know what it'll be, but

I'm just trying to f I would love to know the details of that one. What disorder did you come in and claim you needed a llama?

Liam Devine

I have a question, is there not a distinction between a service animal and then like an emotional or support animal? Is there not a distinction or different definitions of those?

Unidentified speakerVoice B

Well see, you know, in those days we uh you know there actually was, right? Seeing eye dogs were trained and they were certified. They provide a service. Right. Now any doctor can write a note and say you need this support cat. And I know I know people that do it. I know somebody who sent their daughter to college And the daughter. was moving into the college dorm and they had a policy of no pets. And, you know, they got a doctor to write a note that she needed this emotional support cat.

Like question. I know I hate to sound cold and heartless here, you know, if If you can't move away from home and can't be away from your kitty cat, maybe you ought not to be in college. I don't know. Go back to Mama.

Charles GreyChair

Mm-hmm.

Unidentified speakerVoice B

I'm just suggesting that I think these things should be subject to some sort of review by some Not an appointed Person. Some elected body should get the decision on that. There has to be a way for the public to be represented in this process because they're the people who bought with a reasonable expectation of what the zoning standards are in in their neighborhood. And I guarantee you, the

first time you allow some horse I need my emotional support horse. Yeah, I'm sorry I don't have an acre. And somebody at the county administrator feels bad and allows the horse and then all of a sudden the next guy's gonna go, Well, you know what? I'd I think I'd like to get a horse too, so I'll get a doctor to write me a note and Come in there and claim that I have an emotional dis problem and I need this horse.

Christopher Poole

So how how sorry,

Connected City

go

Christopher Poole

ahead.

Connected City

That's okay. I

was

just gonna say is not saying that Google is the end all be all legal authority, but they're saying that ADA versus um emotional sport animals. So that service animals have protections under under ADA, service animals or um emotional sport animals don't. Some businesses can deny them entry and things like that for emotional support. Service animals are trained. emotional support animals are not, their mere presence provides therapeutic support. So there is a

Jaimie GirardiVice Chair

I think Mr. Moody's point though is that it may be possible for a doctor to

state that a person has a disability that requires them to have the animal present.

Unidentified speakerVoice B

Yeah.

Jaimie GirardiVice Chair

Even if they're not a service handle.

I think that's what he's saying is there may be doctors that are willing to write a prescription.

Connected City

So if they write that then it may fall under ADA protection.

Unidentified speakerVoice B

Yes. Right. And then that's what I'm getting at is then there has to be some way

There should be some public review of that by an elected body, not an appointed Official.

Right, all right. And if the five Board of County Commissioners want to decide you can have a support elephant in your backyard, well then they can suffer the consequences at the poll.

Whereas the county administrator does it and he goes, All I was doing was following the ADA.

Christopher Poole

So how often does this type of request come in? I mean what's what is staff's experience with these RA requests? Is it frequent? Is it Well, first of all

Jaimie GirardiVice Chair

we don't have a

Christopher Poole

process

Jaimie GirardiVice Chair

now. But somebody came in and asked for a LAMA. Well, okay, let me back up. We to the extent we have a process now, they're being processed as alternative relief requests. We have had a few reasonable accommodation requests come in, but they're they're coming in as alternative relief requests. Okay. So um and we probably have had

A total of

Christopher Poole

Four or five. Okay. So it wouldn't be a huge over over you know to put it to public hearing and and the like, it wouldn't be a huge overwhelming

Jaimie GirardiVice Chair

burden for to answer your question. Yes, the uh alternative relief applications ha are public hearing items. Right. They do go to the Planning Commission. Okay. Um

So but it

But they ain't but did there has not been a lot of them. Okay.

Unidentified speakerVoice A

Can can I just add, you know, a reasonable accommodation is is meant for the person who has a need to enjoy their dwelling but they can't. I know in this case we're you know, we're talking about a lama and in in that case, but I think You know, based on this we're we're really looking for A need. And then we're also adding in criteria now that make it a lot stronger to say, you know, it needs to to to meet that need and that it needs to not alter the zoning scheme where those

pieces weren't in play before.

Unidentified speakerVoice B

And let them come in and prove that and if they've met their burden of proof then They shall be granted. I'm just saying don't leave this in the power of one appointed individual.

No different than any uh I'm just trying to understand any of the other when I look at this chart.

Well, other than I'm still seeing this, the community residential home large gets the I don't in I don't think there should be any administrative Um relief. for those kinds of requests.

Liam Devine

Doesn't that say administrative because an alt standard is administrative?

Unidentified speakerVoice A

In the cases of of the residences themselves, if they're seeking an alternative standard, it proposes.

Unidentified speakerVoice B

Yes. Yeah. But The allowing of an animal in a certain zoning district is a zoning matter. That should require a variance in a public hearing. Right. If if you want to have a llama in an R four zoning district that You're not allowed to because that's not allowed under that zoning district. That's something that should require a variance.

Unidentified speakerVoice A

I understand.

Jaimie GirardiVice Chair

I do sorry.

Unidentified speakerVoice B

And I'm not trying to be difficult for people with handicaps. I get it. but I also see the potential for abuse. And like I said, Nobody

Maybe I'm just showing my age. Nobody had a problem if a blind person walked in the grocery store with a seeing eye dog. But if I go in publics today. Everybody's got a Yorkshire Terrier riding around in a grocery cart. With dog hair all over my produce.

Charles GreyChair

Yeah, I think there's definitely abuse that needs to be taken into account and uh it might be the what you suggest might be the way to deal with it.

Unidentified speakerVoice B

Yeah,

Charles GreyChair

and that's just

Unidentified speakerVoice B

saying they

Charles GreyChair

they can

Jaimie GirardiVice Chair

have redress.

It was somebody I believe it was somebody who was requesting an accommodation to put a roof over their dock because they had a history of In cancer. And we didn't find that there was a nexus between We found there was other w ways that he could avoid exposure to the sun that didn't require roof over his document.

Unidentified speakerVoice B

And I agree with you. And I'm glad somebody had common sense. My concern is that when that is allowed when that decision is allowed to be made administratively Maybe the person who made that decision and didn't find that there was that nexus, well, they were wise, but the another appointed official may not be so wise.