§ 28-469. Variance.

(a)

This article complies with the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990. An applicant or resident may request a variance from the application of relevant parts of this article to obtain a reasonable accommodation permitting equal access to housing.

(b)

An applicant, permit holder, resident with a disability, or a representative of a resident with a disability may apply in writing to the director for a variance on forms provided by the director and shall include the following information:

(1)

The name, address, phone number, and e-mail address of the person requesting a variance;

(2)

The address of the property for which a variance is sought and the names, addresses and phone numbers of any known individuals with a disability who would benefit from the requested variance; and

(3)

A clear description of the variance requested, the applicable rule from which a variance is sought and explain how the variance would enable a reasonable accommodation of a person with a disability and afford equal access to housing.

(c)

The director may conduct an inspection of the boarding home, its records and the real property upon which it is situated to facilitate the director's assessment of the variance request. The director shall assess the variance request based on:

(1)

The timeliness and extent of access to records, land and facility granted or denied by the applicant;

(2)

Whether the housing that is the subject of the request will be used by one or more individuals with a disability;

(3)

Whether the requested accommodation is necessary to make specific housing available to one or more individuals with a disability;

(4)

Whether the requested accommodation would impose an undue financial or administrative burden on the city;

(5)

Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law;

(6)

The potential impacts of the requested accommodation on the applicant, the other residents of the boarding home facility, and the surrounding neighborhood;

(7)

Whether a failure to grant an accommodation would result in the property having no economically viable use; and

(8)

Whether there are alternative accommodations that are reasonable and have an equal or lesser impact on the city, the applicant, the other residents of the boarding home facility, and the surrounding neighborhood.

(d)

The director shall notify any person requesting a variance that the variance is approved or denied in writing, and if denied, state the director's reasons for denying the variance. The director may impose reasonable conditions on any variance granted.

(e)

The procedures set forth in section 28-470 of this Code shall apply to appeals of requests for variances or accommodations under this section.

(Ord. No. 2018-225 , § 2(Exh. A), 3-22-2018)