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Appeal of Planning and Zoning Commission’s Decision Submitted by Alejandro Crespo
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BRIEF OVERVIEW
Request:
Mr. Crespo’s home is situated within the R1-(C) residential zoning district. The keeping of pigeons is not an allowed use in that district.
On August 31, 2023, Mr. Crespo submitted what is known as a “reasonable accommodation request” to the Planning Department pursuant to the federal Fair Housing Administration Act and the state’s Fair Housing Act. Per the application, Mr. Crespo is disabled, but he states that his disability will be ameliorated if he were to be able to keep a flock of racing pigeons at his home. Mr. Crespo requests, as an accommodation of his disability, that the County make an exception to Hernando County Code, Appendix A, Article IV, § 2(C) (delineating uses allowed in the R-1(C) zoning district) and allow him to maintain a flock of homing pigeons and a pigeon aviary on his property. Reasonable accommodations may include the provision of exceptions to local government land use laws and zoning codes. See Warren v. Delvista Towers Condo. Assn, 49 F. Supp. 3d 1082 (S.D. Fla. 2014).
Procedural Note:
Please note that the Hernando County Code does not presently contain a provision that specifically governs how requests for reasonable accommodations related to land use are to be processed. By an agreement of the parties, the Planning Department processed Mr. Crespo’s request in the same manner as it would do for an application for a special exception. This is why some of the documents contained in the agenda packet refer to a special exception. The Planning Department’s processing of Mr. Crespo’s application as if it were a special exception application did not, however, actually convert his request into one for a special exception. It is, and has always been, an application for a “reasonable accommodation.” For example, Mr. Crespo has the right to appeal the Planning & Zoning Commission’s decision on his accommodation request to the Board, but the Board must vote to review a decision that the Planning & Zoning Commission makes on a special exception application.
Note on Applicable Standard:
The Board should evaluate Mr. Crespo’s request pursuant to a guidance document that the Trump Administration promulgated in 2020: U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity Notice FHEO-2020-01, dated January 28, 2020. Specifically, the Board should go through questions set forth in Parts III and IV, contained on pages 8-15, of FHEO-2020-01. A copy of FHEO-2020-01 is included in the agenda packet.
General Location:
North side of Covent Garden Road, approximately 325’ west of Wren Road
Hearing Detail:
On January 8, 2024, the Planning and Zoning Commission voted 5-0 to deny the petitioner’s request (SE-23-07) for a Pigeon Aviary due to incompatibility with the surrounding area.
FINANCIAL IMPACT
A matter of policy. There is no financial impact.
LEGAL NOTE
As the “housing provider” the Board is required to act on this matter pursuant to the 42 U.S.C. § 3615
recommendation
RECOMMENDATION
It is recommended that the Board review the petitioner’s request for a “reasonable accommodation” to keep pigeons as for a pigeon aviary on property zoned R-1C (residential) pursuant to the FHAA and FHAA and determine if such an accommodation should be granted.