Laserfiche WebLink
<br /> <br />Planning Commission Minutes <br />December 16, 2025 <br />--------- <br />Page 3 of 5 <br /> <br />City Attorney Richard Hansen, Campbell Knutson, gave some additional information on the <br />proposed ordinance. He stated that a request for accommodation would need to meet certain <br />standards including: <br />▪ Is it a qualifying disability? <br />▪ Is it necessary? <br />▪ Is it reasonable? <br /> <br />Commissioner Johnson had concerns that staff changes could allow for someone with more leniency to <br />approve projects at their own discretion. <br /> <br />Commissioner Bland questioned cases where a doctors note could provide a low level of evidence. If <br />staff approves applications, they are neither appointed nor elected and, therefore, have no incentive not <br />to take the path of least resistance. Staff may become burdened with these cases and approval should <br />be the role of the Commission. <br /> <br />Mr. Leeseberg stated that staff takes on implementation of many other ordinances. <br /> <br />Commissioner Johnson highly encouraged staff to work with the City Attorney to establish qualified <br />disability as each type of disability presented unique circumstances. <br /> <br />City Attorney Hansen agreed that reasonable accommodation requests would be considered on a case- <br />by-case basis but having the ordinance would provide a "roadmap" to make determinations. He added <br />that, while many of the requests would be planning-related items, some reasonable accommodation <br />requests could be for different city departments. <br /> <br />Commissioner Johnson suggested modifying the proposed ordinance language to require attorney <br />review. <br /> <br />Commissioner Bland reiterated that he believed the proposed language would put an undue burden on <br />staff to make sure applicants met the standards. <br /> <br />City Attorney Hansen commented that staff can change but commission members can also change. <br /> <br />Mr. Leeseberg assured the commission that staff was more comfortable asking for attorney assistance <br />with Americans with Disabilities Act (ADA) decisions. He stated the Commission did not have to make <br />a recommendation on the proposed ordinance at this meeting and could continue discussion at a future <br />meeting. <br /> <br />City Attorney Hansen reiterated that the Commission recommendation would next go to the City <br />Council for approval. <br /> <br />Moved by Commissioner Johnson to recommend approval of the Ordinance Amendment <br />creating an appeal process for reasonable accommodations under the Americans with <br />Disabilities Act, adding language to paragraph 3 "the Community Development Director <br />and the City Administrator in consultation with the City Attorney". <br />