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HomeMy WebLinkAbout01-08-2024January 8, 2023 5:30 p.m. Paducah City Hall Commission Chambers Attendees: Troy Astin, Erna Boykin, Jim Chapman, Vice-Chair Patrick Perry, Chairwoman Carol Young Absent: Staff: Nic Hutchison, Director of Planning; Joshua P. Sommer, Planner III; Legal Counsel Kristen Krueger; Assistant Police Chief Anthony Copeland Guests: City Manager Daron Jordan, City Commissioner Buz Smith, Michael Tyrie, Mike Lipp, Casey Moss, Adrienne Garnett, Honorable Counsel David Riley (representing Ms. Teresa Jones), Honorable Counsel Wes Sullenger, Eric Gipson, Mike Johnson, Paula Coleman. Several other guests were present. Chairwoman Young called the called meeting of the Paducah Board of Adjustment to order at 5:30 pm. The Pledge of Allegiance to the U.S. flag was recited. The roll was taken. Note – the election of officers was performed after the hearing of the first case. The meeting was turned over to Josh Sommer, Planner III, for the election of officers for 2024. Mr. Sommer opened the floor for nomination for Chair. Mrs. Boykin nominated Carol Young. There were no other nominations. Mr. Sommer asked all in favor for a vote to elect Ms. Young by acclimation. 4 Ayes (Astin, Boykin, Chapman, Perry) Chairwoman Young opened the floor for nominations for Vice-Chair. Mr. Chapman nominated Mr. Perry. There were no other nominations. Roll call vote – 4 Ayes (Astin, Boykin, Chapman, Young) Mrs. Boykin offered: I move that the reading of the minutes for November 27, 2023 be waived and that the minutes of said meeting, as prepared by staff, be approved as written. Mr. Astin seconded. No corrections were requested. Chairwoman Young called for the vote. 5 Ayes (Astin, Boykin, Chapman, Perry, Young), 0 Nays, Continued Petitions Case# USE2023-0005 3101, 3109, 3115 & 3121 Harrison Street and 2900 Goodman Street Convert the single-family structures into multi-family. Mr. Chapman offered: I move that this Board remove from the table case #USE2023-0005 pertaining to the conditional use request of Tyrie Properties, LLC. As a reminder, the motion on the floor is as follows: I move that this Board approve the conditional use request of Tyrie Properties, LLC for the existing structures to be converted into multi-family structures at 3101, 3109, 3115 & 3121 Harrison Street and 2900 Goodman Street. I further move that the approval be based on the following findings of fact: The Fair Housing Act is the law that governs. The Fair Housing Act prevents discrimination in housing to persons with a disability. The United States Department of Housing and Urban Development includes individuals in recovery or rehabilitation as a person with a disability. The Petitioner has provided a way for the public to contact them should any concerns arise. In addition, the Petitioner has a list of Community Rules that the guests must follow, otherwise they may be subject to removal from the home. Staff believes the rules and consequences should address neighboring property owners’ concerns. Not every resident in the home owns a vehicle. Those that do have a designated parking area. Visitors which may increase traffic at the homes are limited to a set number of hours on a single day of the week, eliminating the need for additional acreage or setback generally necessary for parking. In light of the foregoing, the Conditional Use permit is a reasonable accommodation, as the use of the dwellings as multi-family dwellings under the current Victory Homes guidelines does not place the public health or safety in danger, nor change the character of the surrounding neighborhood. Vice-Chair Perry seconded. Chairwoman Young then set some ground rules as to how the case would be heard. Each speaker would have three minutes and only new information was being sought. Each person should give their name and address. Mrs. Kristen Krueger, attorney for the City of Paducah, advised the public that opposition briefs had been received and recorded. Mr. Sommer stated crime statistics had been received and Assistant Police Chief Copeland was present to address those. Assistant Chief Copeland presented the crime and incident statistics from the area. There was a slight reduction in police calls from September 2022 through December 2022 to September 2023 to December 2023. One home on Harrison Street was the subject of one of the police calls. Vice-Chair Perry asked Mr. Michael Tyrie if he had any new information to present. Mr. Tyrie stated he had obtained a business license since the last meeting. Honorable Counsel Wes Sullenger stated he had submitted a brief on behalf of LuCasaCare. He stated that the Fair Housing Act did not protect the use of the homes as a sober living homes because of the current use of drugs or alcohol. There are no protections for active users. Discussion was made about the conduct of the owners/ operators. Ms. Paula Coleman, owner of PCS Investigations, stated she was hired by the neighborhood to investigate the activity of the homes. She stated some of the residents are employed by Mr. Tyrie. She stated there were no certified drug/ alcohol counselors and further stated that the rules were not being followed. Mrs. Krueger asked Ms. Coleman if everything in her presentation was included in what was submitted to the Board. Ms. Coleman stated it was. Chairwoman Young asked Mr. Tyrie about how he was licensed. Mr. Tyrie stated he operates a sober living home which is different than a rehabilitation center. He stated they were registered with the State of Kentucky. Mrs. Erica Gipson, 3008 Harrison Street, asked Mr. Tyrie what address his business license was obtained for. Mr. Tyrie stated 201 Brown Street, which is their main operating office. Mrs. Krueger stated the reason for the time limit was so that the Board could get to everyone efficiently. Mrs. Casey Moss, owner of LuCasaCare at 3025 Harrison Street, asked how the public’s concerns could be addressed if the residents were not following the rules currently. Mr. Perry stated he wasn’t aware the rules weren’t being followed. Chairwoman Young asked Mr. Tyrie to address those concerns. Mr. Tyrie stated the community rules were being followed. Mrs. Moss asked if Mr. Tyrie had received a copy of Ms. Coleman’s report. Mr. Tyrie stated he did receive a copy of the report but the alleged incidents could not be attributed to Victory Homes. Mr. Jim Henson, 3101 Harrison Street, is a member of the Victory Homes. He stated when the rules aren’t followed, it is addressed the first time and the resident is dismissed a second time. Mr. Ashton Dawes, 3109 Harrison Street, is resident of Victory Homes. He stated the rules are enforced and each home has a house leader. He stated residents that break the rules are dismissed from the home. He stated there is regular drug testing. Mr. Michael Johnson, head of staffing and housing spoke. He stated two gentlemen were out at 10:15 p.m. One gentleman was dismissed from the program and the other person was on their way to work. He stated a total of nine gentlemen have been dismissed from the program. No infractions were due to alcohol. Vice-Chair Perry asked Mr. Johnson if the same people on bicycles were the same people he mentioned. Mr. Johnson indicated they were not. Mr. Mike Lipp with Victory Homes spoke. He is the director. He stated there is no one on drug addiction when they enter the program. They are drug tested the day when they enter the program. Reverend Dr. Jenna Goggins, 3014 Madison Street, spoke. She stated she has listened to both sides of this issue. She proposed to watch the residents in action. She has concerns about the contention on both sides of the issues. She offered to help be a solution in on-going communication between Victory Homes and the neighborhood. Vice-Chair Perry stated his belief was that Mr. Tyrie already had the right to operate a sober living home and it was a moot question regarding if the structures should be multi-family. Honorable Counsel Mr. David Riley stated that is why a petition was filed. Vice-Chair Perry stated he felt the Victory Homes was a common housekeeping unit and meets the definition of a family. Mr. Astin stated from his research submitted by Victory Homes, that each home operates as a single-family home. He asked Mr. Tyrie why a petition was filed. Mr. Sommer stated that a change in land use from single-family to multi-family requires a conditional use permit. Mr. Tyrie was then contacted and the petition was submitted. Mrs. Boykin asked Mr. Tyrie why so many houses were grouped together in the same neighborhood. Mr. Tyrie stated is was a community and the homes could be monitored better. Mrs. Boykin asked if the neighborhood’s concerns were taken into consideration. Mr. Tyrie stated they were. Ms. April Greg, 2833 Fairmont Street, stated there have been several drug calls in the neighborhood. She described the drug activity in the neighborhood and stated her neighborhood could not sustain a sober living home. Mr. Mike Lipp stated that the drug issues in Ms. Greg’s neighborhood was not a result of Victory Homes, as there is not a Victory Home located on Goodman Street yet. Mr. Michael Johnson stated that 80% of the residents in a Victory Home are either on probation or parole. Vice-Chair Perry reiterated that the petition before the Board was moot, as he is of the opinion the homes are single-family housekeeping units. Vice-Chair Perry made a motion to remove the petition from consideration based upon the petition being moot. Mr. Astin stated the Victory Homes were operating as a single-family homes as common functions were done together and it was different than a boarding house. Mr. David Riley asked the guests how many people rented out bedrooms or had nine residents dismissed from their household since September. Vice-Chair Perry stated he didn’t think Mr. Riley could query the audience and stated he had spent between 20 to 40 hours on reviewing the material. Mr. Astin stated the residents in the Victory Homes were protected under the ADA and the Fair Housing Act. Mr. Tyrie stated Victory Homes is operating as a single-family unit in a single-family dwelling. The men cook, clean, do laundry and live together. Mr. Astin continued that if Victory Homes is operating as stated, it would be up to another entity to determine how they are operating. Mrs. Krueger stated the petition before the board was to approve or deny a multi-family dwelling. Mrs. Adrienne Garnett, 3108 Harrison Street, asked about what the specific petition was for, i.e. single-family v. multi-family. Mr. Astin stated he did not believe the petition should have come before the BOA. After much discussion, it was determined that the motion on the floor would need to be amended to remove the petition from the agenda as the petition appears to be moot as the Victory Homes are operating as a single-family unit. Vice-Chair Perry stated the original motion was moot because a single-family home is a principally permitted use and the homes were acting as a single housekeeping unit. Therefore, the petition to grant or deny the conditional use permit should be removed. Mr. Astin asked Vice-Chair Perry if his understanding was correct that the petition was inappropriately before the board due to the Petitioner stating that the Victory Homes were functioning under the Fair Housing Act’s definition of family. Mr. Astin seconded Vice-Chair Perry’s motion to remove the petition from consideration as the discussion surrounding the petition is moot due to Victory Homes operating as a single-family home. Bill Jones, no address given, asked what lead staff to believe a conditional use was required. Secondly, he additionally asked what precedent would be set for sober living homes to locate in any R-2 Zone. Vice-Chair Perry stated discrimination could not happen against any handi-capped individuals. Mr. Sommer stated the reason was for a reasonable accommodation under the Fair Housing Act. Ms. Goggins approached the podium again. She asked what the difference between single-family and multi-family. Mr. Sommer read the definitions. Ms. Goggins asked what defines a family and what had been the precedence. Vice-Chair Perry stated what the City ordinance defines as a family. Mrs. Krueger read the definition of family. Ms. Goggins stated she was not sure if the answer of what a family was answered. She discussed nuances with how a family could operate with rental agreements. Chairwoman Young called for the vote. Mr. Sommer asked if additional findings would like to be included. Someone from the audience asked what the motion meant. Mr. Astin stated he felt the petition was in front of the board in error due to the Petitioner has framed the identity and position that Victory Homes is, or the intent thereof, to help men stay sober within the intent of a single-family unit as presented. The individual in the audience asked if there would be a precedence. Lengthy discussion was made about this being the first petition such as this before the Board of Adjustment and the interaction with legal counsel. Mrs. Moss asked if the City vetted Victory Homes and if the neighborhood was visited. Affirmative answer from the Board and staff. Vice-Chair Perry continued with the findings of fact. He stated there was a washer & dryer provided. The residents have common trash pick-up. Meals are cooked together. The men fellowship and share common areas together. Mr. Astin stated the findings of facts pointed to the operation of a single-family home. The homes have a group leader that can visit any portion of the home, they have a set of rules, common functions, household chores and meals. Vice-Chair Perry added they have a common disability. Mr. Astin stated the goal of Victory Homes is to operate as a single-family unit to support their common needs and they do not have separate common areas. Ms. Coleman asked how Mr. Tyrie can be expected to address concerns if he has not read her report. She asked that be factored into the decision. No further questions were asked. Chairwoman Young called for the vote. 4 Ayes (Astin, Chapman, Perry, Young), 1 Nays (Boykin) In summary, the Petition was removed from consideration by the BOA because the Board found Victory Homes to be operating as a single-family home based on the following Findings of Fact: A common washer & dryer is provided. The residents have common garbage pick-up. Meals are cooked together. The residents have fellowship together. Common areas are shared. The group leader can visit any portion of the home. They have a common set of rules. The residents have a common functionality i.e. living together instead of separately. The residents have household chores. Meals are shared together. The residents have a common disability. The residents live together to support common needs. New Petitions Other Business Adjournment The BOA adjourned at 7:02 pm. Respectfully submitted by Joshua P. Sommer, AICP