Ordinance for sober houses hits opposition
Posted by admin on June 13, 2008 under St. Paul, Star Tribune | 
Comments are off for this article
A lawyer representing a state association for sober houses says the proposal is target for a legal challenge.
In a June 12 letter sent to the Planning Commission, David Lillehaug, an attorney representing the Minnesota Association of Sober Homes, said the ordinance, which goes to the City Council next week, was an invitation to a challenge in district court.
Regulating sober houses has become a controversial issue, with the city trying to balance the concerns of neighbors with the rights and safety of sober home residents.
The issue came to a head last fall when neighbors complained about the concentration of sober houses in some areas and the number of people living in them. The City Council in October approved a one-year moratorium on building permits and certification for the homes.
Any sober-house regulations would have to comply with the federal Fair Housing Act, because chemically dependent people are considered disabled and constitute a protected class.
Currently, the homes don’t fall under a specific housing category in St. Paul and aren’t subject to zoning regulations.
The proposed ordinance would establish these requirements:
• An operators’ questionnaire specifying the number of occupants and other building information
• A distance of 330 feet between sober houses, and 660 feet from homes with more than 7 people
• An additional 800 square feet in lot size for every person over six people at a residence
• 1.5 parking spaces for every four people
Lillehaug suggested that the matter be tabled and that neighbors and sober home operators be brought together to create a definition of what a sober house is and skip the regulations.
Terry Troy, of St. Paul, spoke as a concerned taxpayer and questioned whether the city should take on an issue that could cost a lot of money in court fees. Several cities around the country have been sued — and lost — trying to control sober houses.
The Planning Commission will make its recommendation to the council June 27.
The City Council’s first reading of the proposed ordinance will be Wednesday. A public hearing is scheduled for July 2.
Chris Havens • 651-298-1542