7.3 SR 07-19-2021 - Laserfiche WebLink

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City E Memorandum TO: Mayor John Dietz and Council Members From: City Attorney Peter Beck Date: July 14, 2021 Subject: Application for Conditional Use Permit for Private Kennel at 18857 Albany Street During the July 6, 2021, City Council meeting, Council requested that I research whether the Americans with Disabilities Act ("ADA") or Federal Fair Housing Act ("FHA") require that Council approve the application for a Conditional Use Permit ("CUP") for a Private Kennel at 18857 Albany Street. It is my understanding that since the July 6th meeting, the Applicant has requested that the application be considered a request for an Interim Use Permit ("IUP") rather than a CUP. No additional public hearings would be required for Council to approve an IUP. The Applicant has submitted a letter from a medical professional identifying the dogs to be kept at the home as emotional support animals for a member of the household. The ADA provides protection for "service animals", which are defined differently than emotional support animals, and does not provide protection for emotional support animals. Therefore, Council is not obligated to approve an IUP under the ADA. However, the FHA provides protection for "assistance animals", which could include emotional support animals. Whether Council is required to accommodate the request for the five dogs as emotional support animals is a more complex question, which I have discussed with co -counsel Joel Jamnik. Joel and I believe that the size of the lot and the size and number of the dogs would put the city in a pretty strong position to defend a land use challenge if the application for an IUP is denied. However, as always, if Council is considering denial, I recommend that Council direct staff to prepare a Resolution of Denial making Findings of Fact to support the decision. If Council determines that the request for an accommodation is reasonable and decides to approve an IUP, the approval can be made subject to a condition that the IUP will expire if the family member being supported by the animals moves from the home. I will be at the July 19th Council meeting to answer any additional questions.