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Wagoner County pauses enforcement, seeks legal review of Beloved Under Grace transitional home
Summary
After residents'and county staff raised concerns that a transitional housing operation is operating without required permits and may exceed occupancy and safety limits, the board paused enforcement and asked the district attorney to prepare a legal memorandum examining zoning noncompliance and federal Fair Housing Act implications.
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Wagoner County commissioners on Oct. 14 voted to pause code-enforcement action and asked the District Attorney's Office to perform a targeted legal review of an unpermitted transitional housing facility known as Beloved Under Grace.
Planning staff told the board that the property, owned by Pathway Homes LLC, contains a main house, an outbuilding converted to living quarters and a mobile/"tiny home" unit that was placed on the parcel without recorded permits. Planning consultant Larry Curtis's memo, presented by Casey Sanders, reported that Beloved Under Grace was housing roughly 17 women and had not filed a reasonable-accommodation application. Sanders said the operation therefore exceeded the definition of a group home under state and federal guidance, and the facility was not operating under a land-use approval consistent with the county's Agricultural zoning.
"Group homes serving individuals with mental or physical disabilities are allowed in residential areas if six or fewer people are housed," Sanders said in the meeting. "This facility is operating at a higher occupancy and there were no building or fire inspections for the additional unit."
Reggie Arming, of the District Attorney's Office, told commissioners that federal law (the Fair Housing Act) treats addiction and certain mental-health impairments as disabilities for fair-housing purposes in many circumstances and warned the board against taking action that could constitute unlawful discrimination. He also said Oklahoma law has different phrasing and that the office would research the interplay of federal protections and zoning enforcement.
Beloved Under Grace's operators and supporters addressed the board during public comment. Founder Nanette Curry and other speakers described successful outcomes for residents and said staff believed planning staff had asked them to wait for guidance after a June 30 meeting. "We want more than anything to get compliant with you and continue working with the girls," Curry said. Lanisa Willoughby, who works with the county mental health court and diversion programs, said several women placed at the facility had become employable and were off benefits.
Neighbors, however, had contacted commissioners with concerns about unpermitted structures and safety. Planning staff noted that the site lacked inspections for how the unit was placed, for conversion of an outbuilding to sleeping quarters, and for fire- and egress-related safety; those are county responsibilities for any dwelling or converted structure.
After discussion, a motion to pause code action, ask the DA's office to review each issue identified in planning's memo, and report back to the board was approved. The board also voted to table the item and set an update for the next meeting (not the immediately upcoming Monday but the following Monday). Recorded roll call for the tabling vote: Commissioner Stamps Aye; Commissioner Kelly No; Commissioner Haney Aye.
Why it matters: The county must balance public-safety and zoning enforcement against federal fair-housing protections that can restrict how local governments treat housing for persons with disabilities. The DA's review could identify specific actions that address safety without violating federal law, or it could recommend a process for reasonable accommodations or a conditional-use approach.
What happens next: The District Attorney's Office will prepare a legal memorandum and staff will compile the technical code items (building, fire-safety, placement/permits) for a targeted review. Commissioners set the item for an update at a subsequent meeting.
