ZBAA Minutes, September 14,2015
September 14, 2015
Alexandria,Louisiana
The Board of Adjustments and Appeals (BAA) met in the Council Chambers on September 14, 2015 at 4:00 P. M. Pursuant to requests for a “SPECIAL EXCEPTION.”
PRESENT:
Mr. Arthur Allen
Mr. Mike Bordelon
Mr. Jack Hodges
Mr.Hershel Lonidier, Planner
Mr. Robert Bussey, Legal Counsel
Mr. Allen opened the meeting at 4:00 P.M. Roll call was taken byHershel Lonidierand announced a quorum. Mr. Allen turned the meeting over to Mike Bordelon. Mike Bordelon asked Mr. Bussey to address the Board,
Mr. Bussey gave an overview the Federal Fair Housing Act and what the Board would need to consider in making their decision. He went on to say that the board would have to answer two questions.
1) Does the request impose undo burden or expanse on Local Government?
2)Does the proposed use create a fundamental alteration in the zoning scheme?
Mr. Bussey went on to say that if the answer is yes to either, then you would vote no for the application. If the answer is neither to both then you would probable have to grant the Special Exception.
Mr. Bordelon read Item #1
ITEM #1 An application on behalf of Pecan Grove Training Center, Inc. represented by Kara Bertrand, requesting a Special exception in accordance with City Code Section 28-6.3. for property located at 4607 Wendover Blvd., Lot 35 Charles Park Addition, Alexandria, Rapides Parish, Louisiana. Proposed action is to grant a Special Exception that would the allow for a Community Home within a zoning district zoned as “SF-2”, Single Family (moderate density) District. ( 28-3.7 B )
Mr. Bordelon gave the definition of Community Home and asked the Applicant to come forward. It was noted that a number of residents were outside the chambers and unable to get in due to the number attending.
Mr. Earl Humphries of1030 Lake Drive,Woodworth,Louisiana, representingPecanGroveTrainingCenter, gave a brief history of theTrainingCenter, the type of care the Center provided, its mission, as well as a brief history of developmental disabilities. He continued to speak of Federal Acts passed through the years for the protection of those with disabilities.
Prompted by a question form Mr. Mike Bordelon, Mr. Humphries went on to describe the daily activity at a Community Home, and explain that the activity at a Community home would be very comparable to that of any resident in the subdivision. He also said that there would be a supervisor on duty at the home at all times. Mr. Humphries said that there would be changes to the interior of the home but none of any notice to the exterior.
Jonathan Bates of200 West Lauren Dr.Alexandria,La., expressed traffic concerns and safety concerns regarding this particular location. The amount of traffic in this congested area would raise safety concerns for the residents of the Community Home as well as the residents of the subdivision. There were questions regarding visitation at the Community Home that could not be discussed due to Privacy.
Mr. Allen spoke of his time at Grambling and people he had met through the years with disabilities who had gone on to achieve. He also shared that he had a family member with disabilities.
Reldon Owens,6425 West Morgan Drive, ask what kind of president the approval for the Community Home was setting?
Mr. Bussey replied that it would be a case by case situation.
John Gosserand of 618 W. Way shared a couple of experiences he had regarding human behavior of the mentally challenged to aid in explaining his concern for safety. He also had concerns for traffic safety and had witnessed a dog hit by a car in the area.
Mr. Bordelon reiterated that no patient would be left at the home alone, and that they would be working somewhere daily.
Mr. Bruce Fairbanks of1114 W. Shore Driveexpressed concern for a decrease in property values in the area by the approval of the application.
Mr. Bordelon asked for a motion.
Mr. Allen made a motion to approve, seconded by mr. Hodges.
The application was approved by a vote of 3-0.
Mr. Bordelon read Item #2 on the Agenda.
ITEM #2 An application on behalf of Pecan Grove Training Center, Inc. represented by Kara Bertrand, requesting a Special exception in accordance with City Code Section 28-6.3. for property located at 4607 Wendover Blvd., Lot 35 Charles Park Addition, Alexandria, Rapides Parish, Louisiana. Proposed action is to grant a Special Exception that would the allow for a Community Home within a zoning district zoned as “SF-2”, Single Family (moderate density) District. ( 28-3.7 B)
Mr. Bordelon read the definition of a Community Home, and asked the applicant to come forward.
Mr. Humphries of1030 Lake DriveWoodworth,La. addressed property owners. He explained that his presentation for4607 Wendover Blvd. would be the exactly the same as previously given for West Point and that the Community Home on Wendover Blvd. would be managed and operated the same as the one in West Point . He addressed the concern of property values in neighborhoods where Community Homes were located. He continued to say that several studies have been done in regards to the affect that Community Homes had on property values, and went on to say that not one study done indicated any decrease in property values. Due to the fact that Community Homes are typically maintained better than most in the area, property values have increased in some studies.
Mr.John Volts of 4701 Wendover Drive expressed concerns of property values, safety, and standard of living in his subdivision. He questioned the screening process and the dress code for patience and employees residing in the Community Home.
Mr. Bordelon stated that some of the questions including the type of clothing worn may fall under the privacy act.
Mr. Volts continued with his concerns for structural additions, added concrete, and future plans for existing Live Oak trees located on the property. He also questioned the rule that stated Community Homes were not to be located within a distance of 1000 feet of an existing Community.
Mr. Bussey addressed the 1000 foot rule, and explained that in the past the Louisiana State Legislature past a special exception for Rapides Parish that stated Homes certified by DHH, could be located within a 1000 feet of an existing home.
Mr. Volts expressed concern for saturating Charles Park with Community Homes.
Mr. Phillip Beard of207 Annsley Blvd., addressed structural improvements and stated that fire walls and a sprinkler system would be added, and that every precaution would be taken in order to prevent damage to the Community Home property or any of the surrounding properties. He stated that the City ofAlexandriawill require that a back flow preventer be located street side. He continued to say that over $100,000.00 was spent on improvements for this location.
Ms. Terra Bertrand of636 Williams Lake Roadstated that all employees at the Community Homes were screened.
Ms. Terri Cook of4705 Wendover Blvd.expressed concern for elderly residents living in Charles Park.
Mr. Allen shared his experience with discrimination and disabilities.
Ms. Laura Volts of4701 Wendover Blvd.explained that she was very concerned for the safety of her teenage daughter. She continued to say that she invested in a home for residential use not expecting a business to be located across the street. Ms. Volts also mentioned the possibility of another use being permitted in the event that Pecan Grove Training Center Inc. sold this property.
Mr. Bordelon explained that the Special Exception was for a Community Home and that no other use, not specifically allowed in this zoning district, would be permitted except for the granting of a Special Exception by the City of Alexandria’s Board of Adjustment and Appeals.
Robert Burk of208 West Brunson Driveasked would the improvements made to the structure create a commercial building as apposed to a residential structure?
Mr. Bussey answered no.
Mr. Bordelon asked for a motion.
Mr. Allen made a motion to except the Applicants request for a Special Exception.
Mr. Hodges seconded.
The motion passed by a vote of 3-0.
Mr. Hodges made a motion to accept the minutes, seconded by Mr. Allen. Motion carried. Mr. Hodges made a motion to adjourn, Mr. Allen seconded, Motioned carried.
Meeting adjourned.