PHA/SOSNA fight ended in Discountinued Appeal

[ArcticSplash]

I don't remember seeing this anywhere, but PHA dropped their appeal of SOSNA's appeal to PHA's zoning variance for those fugly senior homes with no parking last month:

http://ujsportal.pacourts.us/DocketS...08%20CD%202011


So it looks like SOSNA has won this fight--the homes need to be torn down. [It doesn't say on the docket if PHA reached a settlement in order to drop their appeal. Did it?]

[Mustard]

I don't remember seeing this anywhere, but PHA dropped their appeal of SOSNA's appeal to PHA's zoning variance for those fugly senior homes with no parking last month:

http://ujsportal.pacourts.us/DocketS...08%20CD%202011


So it looks like SOSNA has won this fight--the homes need to be torn down. [It doesn't say on the docket if PHA reached a settlement in order to drop their appeal. Did it?]

This was covered in couple blog sites. The speculation is the new code will allow them to build by right.

[ofeibush]

City refuses to tear it down and it will be legal come August.

[the mule]

If I had enough money to be as spiteful as I'd like to be, I would buy some nice property near the houses of each member of city council, raze it, and build junk like this just so they know what it's like to live next to it. Maybe someone, somewhere in city government could be held accountable.

[Gladys]

City refuses to tear it down and it will be legal come August.

amazing. they know how to work their own system. if there is an accident let it be on their head.

[ArcticSplash]

If I had enough money to be as spiteful as I'd like to be, I would buy some nice property near the houses of each member of city council, raze it, and build junk like this just so they know what it's like to live next to it. Maybe someone, somewhere in city government could be held accountable.

You can do that right now with Darrel Clarke's house. The other side of his house is a vacant lot.

I've had a sick fantasy of buying one of the houses next door to Jannie Blackwell's house and sticking smelly hipsters in it who are into chain smoking and and using the porchfront for clay pottery.

[dr_gingivitis]

amazing. they know how to work their own system. if there is an accident let it be on their head.

amazing. they know how to work their own system. if there is an accident let it be on their head.

It isn't a coincidence that the head of design at PHA was added to the zoning reform commission and that the language allowing group homes in residential districts closely resembles the language PHA used to describe this project...

I'm not sure if "by right" is exactly the right term though, I believe the group home and the parking are allowed by "special exception" in the new code. It is my understanding that this means they are not by right and require the ZBA to issue a certificate or exception, which is in some ways like a variance but with a significantly lower burden of proof on the owners part.

The implications of this code change mean that we may start seeing more and more group homes and similar uses (fraternities, sororities, group homes, and temporary overnight shelters) cropping up in residential districts.

[Lolly]

It isn't a coincidence that the head of design at PHA was added to the zoning reform commission and that the language allowing group homes in residential districts closely resembles the language PHA used to describe this project...

I'm not sure if "by right" is exactly the right term though, I believe the group home and the parking are allowed by "special exception" in the new code. It is my understanding that this means they are not by right and require the ZBA to issue a certificate or exception, which is in some ways like a variance but with a significantly lower burden of proof on the owners part.

The implications of this code change mean that we may start seeing more and more group homes and similar uses (fraternities, sororities, group homes, and temporary overnight shelters) cropping up in residential districts.

What I want to know is, if there is some sort of "certificate" or special exception needed, on what grounds can this be granted? And, is there any way at all for citizens to weigh-in on that decision?

[dr_gingivitis]

What I want to know is, if there is some sort of "certificate" or special exception needed, on what grounds can this be granted? And, is there any way at all for citizens to weigh-in on that decision?

(7) Special Exception Approval
(a) Applicability
The procedures of this subsection apply to all applications for uses authorized by special exception.
(b) Referral by L&I
Once a use application has been filed with L&I, and L&I confirms that the use is subject to the special exception approval procedures of this §14-303(7) (Special Exception Approval) and L&I provides a referral to the applicant, the applicant has 30 days to file an appeal to the Zoning Board for special exception approval.
(c) Review by the Commission
The Commission shall review each application for a special exception and shall make a recommendation to the Zoning Board as to whether the application meets the criteria for a special exception listed in §14-303(7)(e) (Criteria for Review and Action by the Zoning Board) and all applicable requirements for the proposed use, including any use-specific standards in §14-603 (Use-Specific Standards).
(d) Hearing and Action by the Zoning Board
Following the filing with the Zoning Board of an application for a special exception, the applicant shall provide public notice in accordance with §14-303(13) (Public Notice), and the Zoning Board shall hold a public hearing pursuant to §14-303(14) (Public Hearings). The applicant shall also notify any Registered Community Organization(s) of the application for a special exception and meet with such Registered Community Organization(s) in accordance with §14-303(12) (Neighborhood Notice and Meetings). The Zoning Board may approve, approve with conditions, consistent with §14-303(9) (Conditions on Approvals), or disapprove the application.
(e) Criteria for Review and Action by the Zoning Board
The Zoning Board must approve, or approve with conditions, the application for a special exception if it determines that the criteria in §14-303(7)(e)(.1) and §14-303(7)(e)(.2) below have been met, unless the Zoning Board finds that the objectors, if any, satisfied the criteria in §14-303(7)(e)(.3).
(.1) Specific Conditions of Use
The applicant shall have the initial duty of presenting evidence, and the burden of proof, that the proposed use meets the definition for a use permitted by special exception, that all dimensional standards are satis-fied, and that the application complies with all the criteria and meets all the conditions applicable to the proposed use, including all applicable use-specific standards in §14-603 (Use-Specific Standards).
(.2) Specific Detrimental Impacts on the Neighborhood
The applicant shall have the initial duty of presenting objective evi-dence, and the burden of proof, that the grant of a special exception will not cause the following specific detrimental impacts to the neighbor-hood beyond that which normally might be expected from the proposed use:
(.a) Congestion in the public streets or transportation systems;
(.b) Overcrowding the land;
(.c) Impairing an adequate supply of light and air to adjacent prop-erty;
(.d) Burdening water, sewer, school, park, or other public facilities;
(.e) Impairing or permanently injuring the use of adjacent conform-ing properties;
(.f) Endangering the public health or safety by fire or other means; or
(.g) Inconsistency with the Comprehensive Plan of the City.
(.3) General Detrimental Impacts on the Neighborhood
Once the applicant meets such initial duty and burden of proof, the ob-jectors, if any, shall have the duty of presenting objective evidence, andthe burden of proof, that the proposed use is substantially likely to cause a detrimental impact on the health, safe-ty, and welfare of the neighborhood exceeding that which normally might be expected from the proposed use. The objectors also may present evidence, and have the burden of proof, that the proposed use fails to conform with the purpose, spirit, and intent of this Zoning Code.

[Lolly]

Okay so now we're getting somewhere...

The applicant shall have the initial duty of presenting objective evi-dence, and the burden of proof, that the grant of a special exception will not cause the following specific detrimental impacts to the neighbor-hood beyond that which normally might be expected from the proposed use:
(.a) Congestion in the public streets or transportation systems;

Unless they have ample off-street accommodation for the inevitable paratransit vehicles that will undoubtedly be there on a regular basis picking up and dropping off disabled and elderly tenants, I don't see how they can prove that traffic (including the #17 bus as well as police and fire vehicles) won't be negatively effected.

Once the applicant meets such initial duty and burden of proof, the ob-jectors, if any, shall have the duty of presenting objective evidence, andthe burden of proof, that the proposed use is substantially likely to cause a detrimental impact on the health, safe-ty, and welfare of the neighborhood exceeding that which normally might be expected from the proposed use. The objectors also may present evidence, and have the burden of proof, that the proposed use fails to conform with the purpose, spirit, and intent of this Zoning Code.

Seems all the objectors would need to do would be to show video of the sort of traffic that currently passes the site, along with video of the paratransit and other vehicles that regularly block traffic outside of the Y and Senior Center on Christian Street. The difference being that Christian is a two-way street with at least the ability to pass these blockages by (waiting for a break and then) pulling out into the oncoming lane and going around it. Also, Christian Street is not a major bus route.

[Gladys]

i thought that buidings built under the old zoning code would have to abide by that. i am naive.

wouldn't the city be fined for not doing what the court instructed by just leaving it there till the law changes and not tearing it down?

hope they don;t change the bus route to accommodate the home.

[Lolly]

i thought that buidings built under the old zoning code would have to abide by that. i am naive.

wouldn't the city be fined for not doing what the court instructed by just leaving it there till the law changes and not tearing it down?.

You'd think that'd make sense right? But no, the appeals process just delayed the whole thing until the timing changes the law. Pretty sickening if you ask me.

hope they don;t change the bus route to accommodate the home.

Ha I'd say that's a ridiculous thought but then again, considering how this has gone so far...