Number
050294
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
Substitute resolution appropriating funds from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of retaining outside legal counsel in a case involving the Board of Zoning Appeals.
Analysis
This resolution appropriates $10,000 from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of paying outside legal counsel to oppose the request of Tri-Corp Housing, Inc., for a special use permit from the Board of Zoning Appeals to allow operation of a transitional living facility at 2713 West Richardson Place.
Body
Whereas, Tri-Corp Housing, Inc., has sought renewal of a special use permit that would allow Tri-Corp to operate a 92-bed transitional living facility, Samaria House West, at 2713 West Richardson Place (Board of Zoning Appeals Case No. 26203); and
Whereas, On June 9, 2005, the Board of Zoning Appeals denied Tri-Corp's special use permit request on the grounds, among others, that the facility is a danger to the health, safety and welfare of both its residents and the surrounding neighborhood; and
Whereas, Tri-Corp Housing, Inc., is now seeking from the Board of Zoning Appeals a special use permit to operate a 92-bed transitional living facility at 2713 West Richardson Place on the basis of “reasonable accommodation” pursuant to the federal Fair Housing Act and Americans with Disabilities Act; and
Whereas, Since the City Attorney represents the Board of Zoning Appeals, he is unable to represent the interests of the public in further proceedings before the Board; and
Whereas, It may be necessary to retain the services of expert witnesses in order to adequately represent the interests of the public; and
Whereas, The Outside Counsel/Expert Witness Fund Special Purpose Account is to be used by the City Attorney's Office for the purpose of retaining experts and outside legal counsel; and
Whereas, It...
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