ZTA21-01 Proposal

City of Glendale — Regular Meeting (2021-04-13)

View PDF Item 38 Meeting page

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City of Glendale ● 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 ● (623) 930-2800 
Development Service 
Department-Planning 
Memorandum 
 
The proposed verbiage for the text amendment reads as follow: 
 
7.502 - Group Homes.  
 
A RESIDENTIAL HOME OR BUILDING(S) FOR SIX OR MORE UNRELATED 
INDIVIDUALS PROVIDING LIVING FACILITIES AND SLEEPING ROOMS AND 
WHICH ALSO PROVIDES LIMITED SERVICES, SUCH AS, BUT NOT LIMITED TO 
MEALS, SERVICES TO PROMOTE EMOTIONAL SUPPORT, LIFE SKILLS 
DEVELOPMENT AND /OR EMPLOYMENT TRAINING.  Adult Care Homes, Juvenile 
Group Homes, Group Homes for the Disabled, and Supervisory Care Facilities (for purposes of 
this Section 7.502, such uses are collectively referred to as ("Group Homes") shall be permitted, 
provided that: 
  
A. No Group Home is located on a lot within one thousand three hundred twenty (1,320) 
feet, measured by a straight line in any direction, from the lot line of another Group 
Home, unless a disability accommodation is authorized under this section:  
 
1. Disability Accommodation 
a. A disability accommodation from a development standard or separation 
requirement shall not be authorized unless the Board of Adjustment shall find 
upon sufficient evidence all of the following: 
i. 
The requested accommodation is requested by or on the behalf of one (1) or 
more individuals with a disability protected under federal and Arizona fair 
housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.); 
ii. 
The requested accommodation is necessary to afford an individual with a 
disability equal opportunity to use and enjoy a dwelling;  
iii. 
The standard or requirement unduly restricts the opportunity for a person with 
a disability from finding adequate housing within the City of Glendale;  
iv. 
The requested accommodation does not fundamentally alter the nature and 
purpose of the Zoning Ordinance of the City of Glendale;  
v. 
The requested accommodation will not impose an undue financial or 
administrative burden on the City, as "undue financial or administrative 
burden" is defined in federal and OR Arizona fair housing laws (42 U.S.C. § 
3600 et seq. and A.R.S. § 41-1491 et seq.) and interpretive case law;

City of Glendale ● 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 ● (623) 930-2800 
 
 
b. The profitability or financial hardship of the owner/service provider of a facility 
shall not be considered in determining whether to grant a disability 
accommodation. 
c. The requested accommodation must comply with all applicable building and fire 
codes. 
d. The requested accommodation must not, under the specific facts of the 
application, result in a direct threat to the health or safety of other individuals or 
substantial physical damage to the property of others. 
e. The requested accommodation shall require submittal of an application, including 
the required fee, as published in the fee schedule, and comply with all public 
notification requirements. THE REQUESTED ACCOMMODATION SHALL 
BE MADE IN ANY FORM.  HOWEVER, UPON RECEIPT, THE CITY 
MAY REQUIRE THE REQUESTOR TO COMPLY WITH THE 
PROCEDURES ORDINARILY FOLLOWED, INCLUDING THE 
SUBMITTAL OF AN APPLICATION, AND PAYMENT OFTHE 
REQUIRED FEE AS PUBLISHED IN THE FEE SCHEDULE, AND THE 
CITY MAY REQUIRE THE REQUESTOR TO COMPLY WITH ALL 
PUBLIC NOTIFICATION REQUIREMENTS. 
 
 
B. Where legally required, the Group Home is licensed by, certified by, approved by, 
registered with, or under contract with a Federal, State, or local government and evidence 
of such is provided to the Planning Department within sixty (60) days of approval of the 
Planning Department;  
C. No exterior change which would alter its residential character shall be made to the exterior 
of the building(s) and the grounds;  
D. The location of the Group Home has been approved by the Planning Department; and  
E. An administrative record of each Group Home shall be maintained with the Planning 
Department.