Posted by admin on July 26, 2008 under St. Paul, Star Tribune | 
Sourced from Star Tribune.
St. Paul Mayor Chris Coleman won’t sign a recently approved ordinance that regulates sober houses.
The ordinance, approved unanimously by the City Council this month, still takes effect. Coleman just doesn’t approve and knows that a veto wouldn’t stand a chance.
He said in a July 18 letter to council members that he agrees that “a clear definition of sober houses is necessary to ensure both that reasonable accommodations are made for those living with addiction and that the integrity of our neighborhoods is protected.”
He also agrees with parking requirements and a condition that operators must provide information to the city.
His problem is with a disputed provision that requires a 330-foot distance between sober houses — although the city could allow houses to be closer together on a case-by-case basis.
Opponents say that’s discriminatory toward sober-house residents, a federally protected class because chemically dependent people are considered disabled.
The Planning Commission had recommended the city adopt an ordinance excluding the distance mandate, and city attorneys noted that the requirement could be illegal.
“As always, I am concerned about putting the city at risk of lengthy and costly litigation,” Coleman wrote.
Regulating the homes for recovering addicts has been a complex issue, with the city trying to square the concerns of neighbors with the rights and safety of sober-house residents.
City Council President Kathy Lantry declined to comment.
CHRIS HAVENS
Posted by admin on July 10, 2008 under St. Paul, Star Tribune |
The council adopted an ordinance that defines and regulates homes for recovering addicts. Opponents say a lawsuit is likely.
By CHRIS HAVENS, Star Tribune
Last update: July 10, 2008 – 9:18 AM
After months of study and public testimony, the St. Paul City Council adopted an ordinance Wednesday defining and regulating sober houses.
Council members approved it unanimously, ensuring it would take effect before a yearlong moratorium on new sober houses expires this fall.
A lawsuit is likely, opponents said after the vote.
Regulating the homes for recovering addicts has been a complex issue, with the city trying to square the concerns of neighbors with the rights and safety of sober-house residents.
“We’ve reached a reasonable balance,” said Council Member Russ Stark, who talked about the logic behind the ordinance before calling for the vote.
Sober houses are a valuable part of the community, he said. But, Stark added, neighbors raised valid concerns that the city had no clear definition or guidelines up to this point. It’s fair, he said, to place some regulations on the homes to maintain a neighborhood’s character.
A city ordinance allows no more than four unrelated people to live together in one dwelling. That would put most sober houses in violation of the law because many house five or more people. But because recovering addicts are a protected class and live as a family unit without services, operators say, they should be granted special accommodations to live in residential neighborhoods.
Existing sober houses will be grandfathered in.
A controversial provision requiring a 330-foot distance between sober houses remained in the ordinance. The city, however, could allow houses to be closer together on a case-by-case basis.
Opponents say that’s discriminatory toward sober-house residents, a federally protected class because chemically dependent people are considered disabled.
Sober people should be able to pick where they want to live, said John Curtiss, president of the Minnesota Association of Sober Homes and the Retreat recovery center.
“Our goal was to see where they [the council] went,” Curtiss said. “What seems to be reasonable is in violation of federal law.”
Several U.S. cities have lost lawsuits when trying to regulate sober houses.
Stark said the 330-foot distance requirement would allow for one new sober house per block, and the city has thousands of blocks.
The ordinance also says that:
• No more than 10 residents may live in a home in certain zoning districts.
• There should be at least 1.5 parking spaces per four residents.
• Operators must provide certain information to the city.
In other action Wednesday, the council unanimously approved the preliminary design plans — alignment, number of stations, right-of-way — for the Central Corridor light-rail line. The resolution noted 17 “outstanding issues,” such as dealing with the major loss of on-street parking along University Avenue, ensuring bicycle parking near stations and building additional stations.
Council members also approved an increase in taxi fares.
Chris Havens • 651-298-1542
Posted by admin on July 9, 2008 under St. Paul |
Sourced from the City of St. Paul.
Sober House Zoning Study
Background
The Sober House Zoning Study was initiated by City Council resolution in May 2005, directing PED to do a study of “sober houses”, after the Council was informed that the number of sober houses locating in the city was on the rise. A sober house has been commonly referred to as a private residence for individuals in recovery from chemical dependency. People recovering from chemical dependency are considered “disabled” under the Federal Fair Housing Act (FFHA), a federal law that prohibits discrimination against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability.
On October 10, 2007, the City Council passed an interim ordinance that applied to all new sober houses. The interim ordinance expires on September 9, 2008.
On March 3, 2008, the Neighborhood Planning Committee of the Planning Commission hosted a panel discussion that included representatives of sober house residents, sober house operators, and three neighborhood representatives.
The Neighborhood Planning Committee of the Planning Commission met and discussed the Sober House Zoning Study and draft ordinance at four meetings from February to May 2008 (2/13/08, 3/26/08, 4/9/08, and 5/7/08). The Committee made several changes to the draft ordinance, and recommended that the Planning Commission set the public hearing on the draft ordinance for June 13, 2008.
The Planning Commission held a public hearing on June 13, 2008, and made a recommendation on the ordinance on June 27, 2008.
Public Hearing at the City Council
The Saint Paul City Council held a public hearing on the draft ordinance on Wednesday, July 2, 2008.
The adopted ordinance identifies a sober house as a distinct land use, as well as specifies zoning standards and a parking requirement for the use. The zoning standards include a minimum 330 foot separation requirement for property containing one or more sober houses, and specify the conditions under which a conditional use permit is required.
Sober House Zoning Study
Ordinance adopted by the City Council on July 9, 2008
The adopted ordinance replaces the interim ordinance 30 days after it is published in the Legal Ledger. The adopted ordinance was published in the Legal Ledger on August 4, 2008, and will go into effect on September 3, 2008.
Questions can be directed to Luis Pereira, city planner, at luis.pereira@ci.stpaul.mn.us
