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Spring City Council approves reasonable accommodation for Bruner home remodel to aid wheelchair access
Summary
The Spring City Council voted unanimously to allow a reasonable accommodation under the federal Fair Housing Act so Tom and Rebecca Bruner can complete a covered, accessible connection between garage and house that varies local setback requirements.
Spring City — The Spring City Council voted unanimously to approve a reasonable accommodation that allows Tom and Rebecca Bruner to build an enclosed, accessible covered connection between their garage and home, a project that would otherwise run a few feet into the city's setback limit.
The council approved a motion by Councilmember Randy Strait, seconded by Ken Crook, to allow the Bruners to proceed with the building plans as a reasonable accommodation tied to disability access. The roll call in favor was unanimous.
The council made the decision after hearing a legal explanation from Brent Bateman, who told the council the request is covered by the federal Fair Housing Act and is not the same as a land-use variance. "A reasonable accommodation is not a variance," Bateman said. "It is simply a question of, have they asked us to make a reasonable accommodation? And if we make that accommodation, will that make it so this person is going to be able to enjoy the same housing benefits that the rest of us enjoy?"
Bateman advised the council that reasonable accommodations do not need to follow the same standards as variances and that the council may consider such requests directly so the city's decision is official and documented. Council members asked for and received clarifying details about the scope: the alteration encroaches roughly 3'to 3.5 feet beyond the new setback line and is intended to provide covered turning and ramp space so a wheelchair-accessible van can pull under and allow the homeowner's son to enter and exit safely.
The council's approval instructs staff to treat the Bruner request as a reasonable accommodation under the Fair Housing Act; Bateman noted no ordinance change is required to grant such an accommodation. The council recorded the motion on the public record and directed staff to document the decision in the building files.
The Bruners' plans will proceed under the accommodation approved by the council; any building permits or inspections required by city code will follow the normal permitting process.
The council's vote concluded public discussion on the application at the meeting.
