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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 r...
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