10-8-2020 Order Granting Reasonable AccommodationVILLAGE OF NORTH PALM BEACH
ORDER GRANTING REASONABLE ACCOMMODATION
Applicant: Reprieve, LLC (James K. Green, Esquire, agent)
Location: 800, 804 and 808 Prosperity Farms Road
North Palm Beach, Florida 33408 ("Properties")
Request: Reasonable accommodation to operate community residences on
the Properties
This matter came before the Village Council on October 8, 2020 upon the Applicant's
request for reasonable accommodation to establish community residences on the
Properties. Section 45-2 of the Village Code defines a community residence as "a facility
that provides lodging for more than three (3) unrelated persons occupying the whole or
part of a dwelling as a single housekeeping unit sharing common living, sleeping, cooking
and/or eating facilities and which may operate on a referral basis from state, county or
local social services agencies or be affiliated with a treatment or rehabilitation program."
A community residence is not a permitted use within any residential zoning district and
may only be established through the reasonable accommodation process.
The Applicant filed for reasonable accommodation in accordance with Section 45-25 of
the Village Code of Ordinances. The Applicant demonstrated that it serves persons with
disabilities and is therefore qualifying entity. The Applicant sought accommodation from
the definition of the term "family" as set forth in Section 42-2 of the Village Code of
Ordinances, as well as an accommodation from the required habitable non -sleeping and
dining floor area in the individual dwelling units as required by Section 15-27(3) of the
Village Code of Ordinances.
FINDINGS OF FACT
Having considered the recommendation of the Community Development Director, the
Village Council hereby finds as follows:
1. The Applicant serves individuals with disabilities who are protected under the
Federal Fair Housing Amendments Act and the Americans with Disabilities Act and
other applicable state and federal regulations; and
2. The proposed accommodations are reasonable and necessary to afford disabled
persons equal opportunity to enjoy housing; and
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3. The Applicant meets each of the criteria set forth in Section 45-25(c)(2) of the
Village Code of Ordinances.
ORDER
Based on the foregoing findings of fact, the Village Council hereby APPROVES the
written recommendation of the Community Development Director and GRANTS the
Applicant's request for reasonable accommodation to establish community residences on
the Properties. The Village Council's approval of the Applicant's reasonable
accommodation request is subject to each of the following conditions:
1. The Applicant shall obtain a Business Tax Receipt for each of the Properties on
an annual basis.
2. An inspection by the Village Building Official shall be passed for each of the
Properties to ensure compliance with the minimum housing standards in Article III
of Chapter 15 of the Village Code of Ordinances (with the exception of the non -
sleeping living and dining area requirements) at times mutually agreeable to the
Village and the Applicant.
3. The Village shall conduct annual code and fire inspections at the Properties.
4. The Properties must be managed by a certified recovery residence administrator
as required by Section 397.487, Florida Statutes, and Section 45-25(c)(2)(c) of the
Village Code of Ordinances, and the Properties shall be operated in accordance
with any and all applicable certification and licensure requirements and regulations
as set forth in Chapter 397, Florida Statutes, and Chapter 65D-30, Florida
Administrative Code and as set forth in the Final Order issued by the Village.
5. The Applicant shall provide the Village, upon the Village's request, with all records
filed with the Department of Children and Families, the Florida Agency for Health
Care Administration or any other state or federal agency involved with the
operation and use of the Properties with any patient -identifying information
redacted.
6. The Applicant shall maintain an annual average occupancy count of not more than
thirty-six 36) residents for the Properties, and the Applicant shall certify to the
Village, by affidavit, on a quarterly basis (no later than fifteen days after the end of
the quarter) the average number of residents residing in the Properties during the
prior quarter. The Applicant shall allow the Village to inspect the properties to
ensure compliance with this provision at times mutually agreeable to the Village
and the Applicant.
7. The reasonable accommodation approval is limited to the Applicant and shall not
run with the Properties nor be expanded to include any additional properties owned
and/or controlled by the Applicant.
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8. If the conditions set forth above are not met, the Community Development Director
may revoke the reasonable accommodation approval. The Applicant may appeal
such revocation to the Code Enforcement Special Magistrate within thirty (30) days
upon written notice of revocation.
DONE AND ORDERED this 8th day of October, 2020.
ATTEST:
(5sica Green, Village Clerk
VILLAGE OF NORTH PALM BEACH
By:
Susan Bickel, Mayor
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