Adults with disabilities who want to live together to share expenses may soon have one fewer hurdle to overcome.
At the Dec. 5 meeting, council unanimously approved a motion directing administration to bring forward revisions to the land-use bylaw that would make some classes of group homes permitted uses rather than discretionary use. This means development officers and neighbours would be unable to oppose them.
Mayor Nolan Crouse brought forward the motion, noting council had heard concerns from residents and advocates for adults with disabilities that the current practice is discriminatory.
“We all appreciate what triggered this,” he said.
He initially proposed to designate all group homes as a permitted use, but he agreed to change the wording after other councillors expressed concern about the kinds of group homes that might be included.
Coun. Sheena Hughes noted the term “group homes” could refer to adults with disabilities, but it could also refer to delinquent youth or people coming out of prison.
Coun. Cam MacKay said he didn’t want to see “a group home for the criminally insane next to Bellerose high school,” and suggested it was crucial to clarify what specifically would be allowed.
“I’d like some sort of definition and distinction between types of group homes that somehow looks at the kind of use that’s going to be done,” he said.
City planner Jean Ehlers noted there are court precedents relating to the definition of “group home,” but said he believed it would nonetheless be possible to impose some type of limit.
“I think there should be room (to limit group homes) from the perspective of the Charter of Rights,” he said.
Coun. Cathy Heron suggested the matter be postponed to get a legal opinion, but heard without a specific plan there was nothing on which to base a legal opinion, and withdrew that motion.
“To do a legal opinion before we launch down a path, we don’t know what we’re getting a legal opinion on,” interim city manager Chris Jardine explained.
The matter came to council’s attention when Lo-Se-Ca Foundation director Carmen Horpestad and former director Marie Renaud told council at the Oct. 3 council meeting that the current practice is discriminatory.
They said a recent hearing at the Subdivision Development Appeal Board included neighbours opposed to a group home in their neighbourhood. Some compared living next to a group home with having a death in the family. Others worried about their children’s safety and dropping property values.
“It’s hard to believe that in this day and age … we still find ourselves in this position,” Horpestad said.
The current bylaw allows for a group home “facility” to have up to three residents as a permitted use, meaning no appeal would be possible, and up to six residents as a discretionary use, meaning neighbours could appeal the group-home placement.
Crouse’s motion directing administration to bring forward changes to the bylaw was unanimously approved.
Hughes brought forward a subsequent motion requesting an administrative report for council approval prior to drafting any changes to the bylaw, noting how significant this could be for residents.
“If it’s for the criminally insane, or serious alcohol and drug issues, do you not want any opportunity or discretion of whether that group home is set up beside you?” she said.
Crouse said he didn’t support that motion, because it would create unnecessary additional work for staff, but that motion passed 4-3. The bylaw is expected to come back before council by Aug. 31, 2017.
