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Court hears pivotal arguments on disability housing rights

August 15, 2023 | Wasatch County Board of Adjustments, Wasatch County Commission, Wasatch County Commission and Boards, Wasatch County, Utah


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Court hears pivotal arguments on disability housing rights
In a recent Wasatch County Council meeting, discussions centered around the approval of a conditional use permit (CUP) for a residential facility intended to house eight girls with disabilities. The applicant emphasized the importance of interpreting the term \"facility\" within the context of the law, arguing that denying such a facility in a residential zone would constitute discrimination against individuals with disabilities.

The council was reminded that under Utah law, land use authorities bear the burden of proving that a proposed facility is incompatible with its surroundings. The applicant pointed out that public opposition, often referred to as \"NIMBYism,\" cannot be a valid reason for denying a CUP, as this could hinder the establishment of necessary housing for vulnerable populations.

The facility in question is set to operate within an existing home, which complies with local zoning codes and has received the necessary building permits for minor modifications to meet accessibility standards. The applicant highlighted that the Fair Housing Act protects individuals with disabilities from discrimination in housing, asserting that the focus should remain on the needs of the residents rather than the business aspect of the facility.

The council also discussed the potential formation of an advisory committee to address community concerns, indicating a willingness to enhance communication between residents and the facility's operators. Overall, the meeting underscored the ongoing efforts to balance community interests with the rights of individuals with disabilities to live in a supportive residential environment.

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