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Quasi-Judicial Hearing on a Reasonable Accommodation Request for 504 Davie Road
PURPOSE: The purpose of this agenda item is for the Town Council to hold a quasi-judicial hearing and consider granting a reasonable accommodation for construction of an access ramp property at 504 Davie Road
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Department
DEPARTMENT: Planning Department
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Contact
CONTACT INFORMATION: Marty Roupe, Development Review Administrator, Phone: 919-918-7333 Email: mroupe@carrboronc.gov; Nick Herman, Town Attorney, Phone: 919-919-3905, Email: herman@broughlawfirm.com
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Council Direction
COUNCIL DIRECTION:
___ Race/Equity ____ Climate ____ Comprehensive Plan __X__Other*
Council Direction Statement
*Reasonable accommodation requests are decided through a quasi-judicial hearing, and a decision must be made in accordance with related State of North Carolina and Federal laws.
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Information
INFORMATION: Property owner Pamela Williams has submitted information requesting approval of a reasonable accommodation by the Town Council to allow for construction of an access ramp at 504 Davie Road. Ms. Williams has medical issues necessitating the construction of an access ramp on her property to reasonably be able to get to and from the inside of her home.
Reasonable accommodation requests are processed in accordance with Land Use Ordinance Section 15-97, attached as Attachment A for reference. Town Council must hold a quasi-judicial hearing on the proposal and decide on the request based on a majority vote of Council Members. Subsection (f) of 15-97 describes the manner in which Council should make their decision, based on the proposed accommodation being both reasonable and necessary.
Christian Molina and Ms. Williams have submitted information explaining the requested reasonable accommodation, see Attachments B and C. Specifically, the information submitted explains why it is both reasonable and necessary to construct an access ramp that would otherwise encroach on the regulatory setbacks of Land Use Ordinance Section 15-184. Attachment C shows where the ramp would be located in relation to where Ms. Williams needs to enter and exit the home. A letter from Ms. Williams’s doctor is also included as part of Attachment B. The letter explains the medical reasons necessitating the reasonable accommodation.
Of note, the reasonable accommodation, if approved, is only valid for the current resident / property owner and will be considered void if the current resident is no longer living at the property for whatever reason. Any subsequent resident requiring a similar accommodation would need to apply separately and that application would come back before Town Council for consideration.
Lastly, the applicant is requesting that Town Council consider voting on this matter on the same night it is received, November 29, 2023, because of the pending receipt of a Certification of Compliance allowing her to move into and reside in a newly constructed portion of the home. A draft decision document granting the request has been provided as Attachment D for Council’s consideration.
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Fiscal and Staff Impact
FISCAL IMPACT: No fees may be charged by the Town for a reasonable accommodation request. Staff impacts include time to prepare and present the application to Town Council.
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Recommendation
RECOMMENDATION: Town staff recommends that the Town Council hold a quasi-judicial hearing and consider granting the requested reasonable accommodation.
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