The Lincoln-Lancaster County Planning Commission set up a likely battle for the City Council over providing reasonable accommodation under federal fair housing laws.
The commission on Wednesday voted unanimously to recommend denial of a request to allow up to 12 adults to live in a home at 27th and Washington streets.
The home, which is owned by MAK Development of Omaha and operates as Michael House, provides a sober living environment for people recovering from alcohol and drug problems, many of whom have just gotten out of prison.
The city has an ordinance that prohibits more than three unrelated people from living together in one residence, but it must make an exception for disabled people under the federal Fair Housing Act, which says cities cannot discriminate against people with disabilities, which courts have determined includes recovery from substance-abuse problems.
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Michael House already operates two other homes in Lincoln that have received accommodations, and there are other companies operating similar homes in the city with the same accommodations.
Several Planning Commission members seemed peeved that the company started operating the house without seeking an accommodation, even though it knew it needed one, and waited until it was confronted by the city after a neighbor complained.
But the bigger issue, several commissioners said, is that they did not believe the company had made the case for why it should be allowed to have 12 residents.
For one thing, the house has only four legal bedrooms and two bathrooms, although Ryan Watson, an attorney for Michael House, said it has two other rooms that can be used as bedrooms.
Commissioners also heard from several neighbors with a range of complaints about the home, including a lack of parking, a lack of supervision and alleged illegal behavior including drug use and sexual activity in public.
Dean Cole, who lives next door to the home, said he's documented nearly 40 incidents in the six months the house has been occupied by Michael House, including residents using his driveway without permission, aggressive behavior and a lack of supervision.
Cole said he's not opposed to the house's mission and has tried to provide support to residents, even offering them rides when needed, but he said he believes 12 people is way too many.
"I can honestly say that we can live with four clients and a house supervisor next door, but it would be impossible and too stressful with a total of 12," he said.
Other neighbors also said they could live with four or five people in the home as long as there is adequate supervision.
Watson said Michael House believes there is therapeutic benefit in having as many people as possible in its homes because it breeds accountability among the residents, but he also admitted that 12 people is the number the company needs to make the house work economically.
That argument did not sway the commission.
Commissioner Gloria Eddins said she believes there is grounds to deny the reasonable accommodation just on the lack of parking alone.
But other commissioners focused on whether the house is big enough and safe enough for a dozen adults to live there.
"I question whether 12 adults should be in that kind of housing environment," Commissioner Dick Campbell said.
Commissioner Tracy Edgerton went further, saying it felt like the board would be, "making a farce of our zoning laws if we allow this to move forward."
The application will have a hearing next month in front of the City Council, which will have to decide whether to follow the Planning Commission's advice knowing that a denial of the accommodation could lead to a lawsuit against the city.