Pubdate: Thu, 18 Jul 2002
Source: Deseret News (UT)
Copyright: 2002 Deseret News Publishing Corp.
Contact:  http://www.desnews.com/
Details: http://www.mapinc.org/media/124
Author: Josh Loftin, Deseret News staff writer

A LIMIT ON REHAB PATIENTS REJECTED

Sandy Neighbors Earlier Had Tried To Keep Facility Away

Resigned to the fact that they cannot stop a drug- and 
alcohol-rehabilitation facility from opening in their neighborhood, a group 
of east bench residents has now failed to establish a limit on the number 
of patients at the facility.

Even with the help of Sandy - which officially appealed the decision to 
allow the ARK of Little Cottonwood to open at 2919 E. Granite Hollow St. 
(9805 South) - the Salt Lake County Board of Adjustments ruled Wednesday 
that the facility could continue operating in two buildings that house 16 
people each. Sandy and the residents had argued that county planners had 
approved the expansion of the facility into a second building without 
consulting the Planning Commission or County Council or giving a chance for 
public input.

The board disagreed and said that state and federal laws made disabled 
housing a permitted use in all zones. Because of that, the county planners 
had to approve ARK's expansion, just as they would have approved the 
construction of a house on a residential property without public comment. 
Board Chairman Kevin Oakes said that without an ordinance specifically 
limiting the number of patients, the planners could limit occupants only 
based on fire codes.

Sandy City Attorney Walter Miller said that because the ARK's land was 
subdivided, it technically was operating two facilities within a half-mile 
of each other, which is not allowed. He also said that because no 
legislative bodies had been consulted, the public and Sandy had not had a 
chance to comment.

Miller had to spend the first two hours of the 3 1/2-hour hearing 
convincing the board that, as a government corporation, Sandy was even 
allowed to appeal a decision about property in unincorporated Salt Lake 
County. He said that because they were neighboring governments, the city 
and county should always try to work together to minimize impacts.

"I don't have an accent or come from a foreign country," he said. "I am the 
Sandy city attorney. We are partners in this; please let us speak."

The board did allow Sandy to appeal on a 3-2 vote, but it eventually denied 
that appeal 4-0.

Resident David Johnson, who lives next door to ARK, said that while the 
facility is protected by federal housing and disability laws, it is not 
operating in the spirit of the law.

"The purpose of the code was to allow people with disabilities to 
assimilate into the neighborhood," Johnson said. "This completely changed 
the nature of the neighborhood."

John Hewlett, who owns the land ARK is leasing, said that ARK had little 
impact on the neighborhood because it was sprawled across four acres while 
most of the other homes - including that of Johnson, who has 12 children 
and three adults in his home - are on half-acre lots.

"I believe that 32 people living on four acres has less impact than 15 
people living on a half-acre," Hewlett said. "The quality of the clients 
and people I have met makes me proud to say I lease to (ARK), despite the 
abuse I have taken from my neighbors."
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MAP posted-by: Larry Stevens