Establishing Reasonable Accommodation Policies & Procedures in Zoning & Land use Decisions

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Attachment # 5 Letter to Deny a Request for a Reasonable Accommodation - page 2 The Area Board of Zoning Appeals shall hold a public hearing on the appeal within thirty (30) days of receipt of an appeal. Their decision shall be final with their written decision being mailed to the appealing party within five (5) days of the appeal hearing. Alternatively, and instead of a public hearing before the Area Board of Zoning Appeals, you also have the right to appeal to the United States Department of Housing and Urban Development or to a court of competent jurisdiction. If you choose this alternative method of appeal, you should notify the Area Board of Zoning Appeals of your choice of appeal within fifteen (15) days of your receipt of the Zoning Director's decision. You must file any lawsuit or appeal to the federal Department of Housing and Urban Development (HUD) within the time required by federal law. (OPTIONAL PARAGRAPH WHERE ALTERNATIVE REASONABLE ACCOMMODATION EXISTS) Although the specific accommodation you requested has been determined to be "not reasonable," we believe that other accommodations would be reasonable under the facts and circumstances of your application. The alternative accommodation(s) we propose is /are as follows: If an alternative accommodation described above is acceptable to you, then please request a form for an "Amended Request for a Reasonable Accommodation." If the only change in your application is the nature of the accommodation, then you will need only to: 1) fill out the identifying questions (1 through 4); 2) re- submit your amended answer to question 6, page 3 of the original application (Question 6 at page 3 is as follows: " Describe the accommodation which you are requesting. What zoning rule, policy, practice or procedure would you like the City to waive for the property? "); and 3) sign, date and return the Amended form to this office within Ten (10) days of this letter /decision. We will then reconsider your application in light of this request, and the appeal deadline described earlier in this letter will be extended while we consider your Amended Application. Another copy of the Application form (titled "Amended ") is enclosed if you wish to do this. 21