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2013.05.15_BAA_Minutes_Regular O • • .�,.... O �� TOWN OF HIGHLAND BEACH S3 Z .� 'g'' MINUTES OF THE BOARD OF ADJUSTMENTS & APPEALS REGULAR MEETING Wednesday, May 15, 2013 2.00 PM Members Present: Chair David Stern, Vice Chair Ruth Samuels, Board Member Barry Axelrod, Board Member Barry Donaldson, Board Member Evelyn Weiss and Board Member Bryan Perilman. Also Attending: Town Attorney Len Rubin, Building Official Michael Desorcy, Deputy Town Clerk Valerie Oakes, Administrative Assistant Rosalie DeMartino and members of the public. CALL TO ORDER Chair Stern called the Regular Meeting to order at 2:00 PM. Roll call was taken by the Deputy Town Clerk Oakes followed by the Pledge of Allegiance. INSPECTION' The Board of Adjustment and Appeals, as part of the public meeting, conducted a site inspection of the property located at 4210 S. Ocean Blvd., Unit 3, Highland Beach. All members of the public and interested parties were invited to attend the site inspection. Site Visit Discussion: James Paine (representing petitioner Jordan Huffer) — We are planning to extend the side of the building by 12 feet where the code allows eight feet. The reason is that the eight foot is so narrow it becomes a glorified hallway. Mr. Huffer has a mother who is handicapped and we are looking to create a handicapped bathroom and a place on the ground floor for her to stay. We are willing to landscape as much as the residents to the north want. (Mr. Paine described the proposed landscaping.) Norman Weinstein, 4207 Tranquilit y Drive — Is the outer limit of the outside wall going to be at 12 feet? James Paine — Yes it is. Norman Weinstein — Will the roof structure extend beyond the 12 feet? James Paine — The roof structure would overhang approximately two feet beyond the 12 feet; the goal being to match those roofs. Fred Capacchione, 4206 S. Ocean Blvd — My apartment is on the first floor and there isn't enough room between the two buildings as it is. If you come out 12 feet, there won't be much room at all. I don't want to create any hardship to Jordan or his mother, but I have to look at it every morning when I look out my kitchen window. Vice Chair Samuels — Regarding the air conditioner area, what did you mean when you said you were going to clean it up? James Paine — We will move the units about three feet to the east and then build a wall four feet high or five feet, if necessary, so the garbage cans and the air conditioners will be better screened. We are also planning to Board of Adjustment & Appeals Regular Meeting Wednesday, May 15, 2013 Page 2 of 7 plant shrubs in front of the wall, or any type of vegetation the neighbors to the north would like. Member Weiss — What is the code for the wall height? Building Official Desorcy The code allows for the wall to be at a maximum of six feet. Member Perilman — Will the 12 feet go to the end of the screened porch? James Paine — Yes it will. Joseph Frost, 4210 S. Ocean Blvd. Unit #2 — If the air conditioning unit is moved, will it be moved directly in front of the electrical units. Will the electrical units be moved, or will the air conditioning units have to be moved away from the wall? James Paine — We may have to move the air conditioner further from the wall because I don't believe they can be directly in front of the electrical units; but in any case, it will be behind the new screen wall which could be four, five or six feet. Norman Weinstein — What is the height of the structure? James Paine — The height of the structure to the underside of the beam is about nine feet. We will have a roof which is another three to four feet, and that will bring it to about 13 feet. It is a one -story addition. John Ronco — 4206 S. Ocean Blvd. Unit #2 — The Department of Transportation (DOT) is going to run a line on the easement which will come from AIA to our seawall to alleviate the water. They are going to maintain that 18 inch pipe. The Board and all those present walked over to the south side of the building to view the addition constructed on Unit #1 which met the eight foot setback. Vice Chair Samuels — What is this addition used for? Jordan Huffer — It is used as a television room because it is too narrow to make it any other type of room. RECONVENE MEETING: Chair Stern reconvened the meeting and called on the Deputy Town Clerk for a roll call. Members Present: Chair David Stern, Vice Chair Ruth Samuels, Board Member Barry Axelrod, Board Member Barry Donaldson, Board Member Evelyn Weiss and Board Member Bryan Perilman. Also Present: Town Attorney Len Rubin, Building Official Michael Desorcy, Deputy Town Clerk Valerie Oakes and members of the public. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Chair Stern called for any additions or deletions to the agenda, hearing none, called for a motion to accept the agenda. MOTION: Vice Chair Samuels moved to accept the agenda as presented. Member Weiss seconded the motion, which passed unanimously. Board of Adjustment & Appeals Regular Meeting Wednesday, May 15, 2013 Page 3 of 7 PUBLIC COMMENTS AND REOUESTS: No public comments or requests. PRESENTATIONS: No presentations. Chair Stern welcomed Bryan Perilman as the newest Board Member. APPROVAL OF MINUTES: • March 6, 2013 — Special Meeting Chair Stern called for a motion to approve the minutes from the March 6, 2013, Special Meeting. MOTION: Member Axelrod moved to approve the minutes from the March 6, 2013 Special Meeting. Member Weiss seconded the motion, which passed unanimously. OLD BUSINESS: No old business. NEW BUSINESS: Chair Stern closed the regular meeting at 2:31 PM. By consensus, the Board agreed to close the regular meeting. • Variance Request: 4210 South Ocean Blvd. — Public Hearing Application No. 29605 — RELIEF FROM HIGHLAND BEACH CODE OF ORDINANCES SECTION 30 -64, TABLE 30 -2, THAT REQUIRES A MINIMUM SIDE -YARD SETBACK OF 12 FEET FROM PROPERTY LINE TO BE REDUCED TO 8 FEET FROM PROPERTY LINE FOR THE PROPOSED FIRST FLOOR ADDITION (APPROX. 430 SQ. FT.) TO THE EXISTING STRUCTURE. Chair Stern called for a motion to open the public hearing. MOTION: Member Axelrod moved to open the public hearing. Vice Chair Samuels seconded the motion, which passed unanimously. Chair Stern called for board members to disclose any ex parte communication, hearing none, called on the Town Attorney to administer the oath to all those who would testify. Town Attorney Rubin — There is a point that I want to make clear to the Board. The property is a condominium association, so anything outside the actual units is the Association's property. In order to actually construct the addition, the applicant will be required to obtain approval from the association because he will be constructing those improvements on association property. If the Board does grant the variance, it will be subject to the association's approval prior to the issuance of any building permits. Board of Adjustment & Appeals Regular Meeting Wednesday, May 15, 2013 Page 4 of 7 Staff Presentation: Building Official Michael Desorcy presented the variance petition. He indicated that he was informed yesterday about the easement, which was mentioned at the site inspection. The DOT has entered into an agreement with the association located at 4206 S. Ocean Blvd., the Ocean Aire Condo Association. The Department of Transportation has a permit from the South Florida Water Management District. All the work is going to be located on the 4206 side of the property line and will not affect the property at 4210 S. Ocean Blvd. Deputy Town Clerk Oakes read into the record letters received from the following: Dr. Karen Huffer, mother of Jordan Huffer (attached as Exhibit `A'); Anthony Chernalis, 4214 S. Ocean Blvd. (attached as Exhibit `B'); Steven Glanz, 4215 Tranquility Dr. (attached as Exhibit `C') and Allen Teller, 4210 S. Ocean Blvd. Unit #1 (attached as Exhibit 'D'). Petitioner's Presentation: James Paine, Architect — The addition will be 12 feet away from the wall, which will give us enough room to put a handicapped accessible tub with proper equipment and a bedroom which is workable. If we were to build this addition within the allowable eight feet, we could not create a maneuverable bathroom and bedroom. She cannot get upstairs and we believe this is a legitimate hardship situation. The plans show elevations and we tried to match the roof to keep the architectural style of the building. We are willing to landscape as much as the Board would like, as well as our neighbors to the north. The screen wall will also improve an existing condition where the air conditioners, electrical equipment and garbage cans are visible, and we are willing to build it as high as six feet which is allowable by code. Jordan Huffer, Property Owner, 4210 S. Ocean Blvd. Unit #3 — I have been a resident of Highland Beach since 2004. The purpose of the proposed addition is to accommodate my mother who is 100% disabled. The four foot variance is the difference between a bathroom and a bedroom that is functional versus not. We looked into other options, but this is truly the only solution for us. My mother was to appear at this meeting but faced some challenges yesterday and missed her flight. I spoke with several of my neighbors regarding this variance explaining the situation. There are several letters from neighbors recommending this variance be approved, including Allen Teller, the other neighbor in my complex, who has already done an addition. This would suffice the majority in our association in approving the application. Public Statements: Michael Thorson, 4206 S. Ocean Blvd., Unit 3 — My view would be directly over the proposed addition and the most dramatically affected. I do feel for Jordan, but he does have the option of moving. I would like to address the special circumstances that he would have to fulfill to get a variance. The special circumstances that exist are peculiar to the land or structure not applicable to other lands or structures in the district. The peculiarity exists, not because of the way the residence is now which he has lived in for several years, but because the applicant desires to modify the existing structure. So, the Board of Adjustment & Appeals Regular Meeting Wednesday, May 15, 2013 Page 5 of 7 peculiarity will only exist once his modifications are done. Second, the special circumstances do not arise from the actions of the applicant. If he changes the way it is now to suit his growing needs, then they will be too small in his own words. Third, granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same district. In my opinion, granting a variance would convey special privileges because everyone else has to comply with the setback requirements or meet justifiable criteria to receive the variance. Since every piece of property is unique, it is hard to find a precedent; but I would suggest the way that this property is unique is it is the only piece of property in Florida, and I know you have seen it, that our building in a heavy flood is submerged for weeks. I know they are putting in a drainage system but it doesn't always work. They have tried to do it before. I am concerned that there will be more water displaced because of the addition. I believe we have zoning to protect the privacy of the neighbors. Mary Ann Ronco, 4206 S. Ocean Blvd — Unanimously, we are the four owners of the building and are against the variance. There is not enough space between the buildings as it stands now. We feel it will lower the property value of our building. Norman Weinstein, 4207 Tranquility Dr . — We are directly across the canal from the applicant. If the variance is denied, we would be willing to work with him to work within the guidelines of the existing zoning regulations to come up with a viable solution to accommodate him and his mother. Mr. Weinstein read sections from state law into the record. I respectfully request that, given the fact that this request is not consistent with Florida Law, it be rejected. Joseph Frost, 4210 S. Ocean Blvd — I strongly oppose this variance. Read into the record his concerns (attached as Exhibit `E'). This variance request is prohibited by our Condominium Declarations. I understand that Mr. Teller, who is one of the owners at 4210 S. Ocean, sent in a letter of approval. Last night Mr. Teller sent me an email which read he objects to the request for the variance (attached as Exhibit `F'). Based on Mr. Teller's email, my objection and those of our neighbors directly to the north of us who will be most affected, we strongly feel this variance should be denied. Petitioner's Closing Statement: Jordan Huffer, Petitioner — Mr. Teller has signed a letter of approval and I don't know what goes back and forth in an email. I have a letter with a signature. Mr. Frost is not a resident. He uses his properties as rentals. I am happy to work with all of the neighbors. I am not trying to fight with my neighbors. I am trying to handle something for my mother and make it usable. It is very difficult to make a bathroom for someone in a wheelchair to use within the required setback. I know that the proposed dining room was in question. The reason is that there is no way she can maneuver around the dining room table that is in my house. I am not asking for special consideration or favors or something of the nature that wouldn't be afforded to someone else. I am asking for four feet. Board Discussion: Member Donaldson — My question is for Mr. Desorcy. The architect correctly pointed out that if he does a structure at eight feet, by the time he finished with the insulation, dry Board of Adjustment & Appeals Regular Meeting Wednesday, May 15, 2013 Paze 6 of 7 wall etc., he will end up with about seven feet and two inches inside. Building Official Desorcy — That is correct. The workable space would be a little over seven feet. The Florida Building Code is 70 square feet for the dimensions of a bedroom. Member Axelrod — If you took away the dining room, rotated the bed and bathroom, isn't it conceivable to make a usable space and stay within the limits of the Town Ordinance? James Paine — If you do away with the dining room, you are still limited by the eight feet that you are allowed by right which would be just a little over seven feet. It still would not be a comfortable handicapped accessible bathroom or bedroom. It would essentially be a long hallway and not a good solution. Vice Chair Samuels — Mr. Huffer, according to the paperwork given to us, it states that this space would be provided for your mother when she visits. Mr. Huffer — It is not for when she visits. She lives in Colorado and the winters are bad for her, so she will be here during the winter and perhaps full -time eventually. Member Donaldson — I have a question for the Architect. Is there anything in the ADA/Fair Housing Act that compels this particular arrangement? James Paine — I have not studied it to that extent. Chair Stern called for a motion to approve /deny the variance request at 4210 S. Ocean Blvd., Unit 3, Highland Beach. MOTION: Member Axelrod moved to deny the request for variance at 4210 South Ocean Blvd., Unit 3, Highland Beach. Member Weiss seconded the motion. Town Attorney Rubin — Member Axelrod, can you please state your bases on the motion? Member Axelrod — I think that our job here is basically to protect the Town and the residents of the Town. I wouldn't have a problem with this if so many residents weren't arguing against it. If they feel that their property is being deteriorated because of this, then I feel it is our job to protect them. _Town Attorney Rubin — In terms of the criteria, the Board's job is to determine whether the criteria set forth in the Code is met. Is your motion based on the fact that the petition does not meet the criteria in the code? Board Member Axelrod — It does not meet the criteria and to grant an exception of that broad a range would not be proper at this point. Member Weiss accepted the comments made by Board Member Axelrod. Roll Call: Member Axelrod - Yes Member Weiss - Yes Member Perilman - Yes Member Donaldson - Yes Vice Chair Samuels - Yes Chair Stern - Yes Motion carried 6/0. Board of Adjustment & Appeals Regular Meeting Wednesday, May 15, 2013 Page 7 of 7 Chair Stern called for a motion to close the public hearing at 3:17 PM. MOTION: Vice Chair Samuels moved to close the public hearing 3:17 PM. Member Weiss seconded the motion, which passed unanimously. ADJOURNMENT: Being no further business, Chair Stern called for a motion to adjourn the meeting at 3:17 PM. MOTION: Member Weiss moved to adjourn the meeting at 3:17 PM. Vice Chair Samuels seconded the motion, which passed unanimously. APPROVED: David Stan, Chair Ruth Samuels, Vice TOWN SEAL C Barry Axelro , oard mber Tonalason, Board Member ATTESTED: Evelyn W s, Boar e e Bryan Pe an ti_ Valerie Oakes, CMC Deputy Town Clerk Appointed Board Secretary Y Date: BOARD of ADJUSTMENT & APPEALS MAY 15, 2013 — REGULAR MEETING EXHIBITS TO THE MINUTES: Variance Request: Application No. 29605 — 4210 S. Ocean Blvd., Unit 3 — Jordan Huffer, Petitioner Exhibit A — Letter from Dr. Karen Huffer (Petitioner's Mother) (pgs. 1 -24) Exhibit B — Letter from Anthony Chernalis of 4214 S. Ocean Blvd. (pg. 25) Exhibit C — Letter from Steven Glanz of 4215 Tranquility Drive (pg. 26) Exhibit D — Letter from Allen Teller of 4210 S. Ocean Blvd., Unit #1 (pg. 27) Exhibit E — Letter of Concerns from Joseph Frost of 4210 S. Ocean Blvd., Unit #2 (pgs. 28 -30) Exhibit F — Email from Allen Teller provided by Joseph Frost (pg. 31) Letter attesting to seed for relief wader Federal and Florida Fair Housing Laws TO: TOWN OF HIGHLAND BEACH (Attention Valerie - FAX 561- 265 -3582) BOARD OF ADJUSTMENT 8t APPEALS RE: SPECIAL, MEETING Wednesday, May 15, 2013 2:00 PM Variance Request: 4210 South Ocean Blvd. — Public H caring Application No. 29605 — Relief from Highland Beach Code of Ordinances Section 30-64, Table 30-2, that requires a minimum side -yard setback of 12 feet from property line to be reduece to 8 feet from property line for the proposed first floor addition (approx. 430 sq. R.) to the existing structure. Dear Board: Unfortunately. my planned plane trip (see ticket attached) to Florida on May 14, 2013, was unsuccessful because the car transporting me to the Denver Airport broke down. I arrived too late and was not able to rebook by the time of today's meeting. Please accept this letter to support my son, Jordan Huffer's testimony. It is my intention to cooperate fully with the board providing information as needed. Due to the confidentiality requirements of the Americans with Disabilities Act Amendments act and the Federal and Florida Fair Housing Laws (summarized DOYHUD attached) for persons with disabilities, I had intended to be at this meeting to personally verify and testify to facts about my severe physical disability to assist the Board waiving certain areas of privilege if needed. The facts are simple: I. I am nearly 72 years of age. I was pushed down in a grocery store breaking bones in my left leg and hip. I have hardware in my left leg. I also.sustained an upper motor neuron lesion causing me imbalance and weakness complicating my ability to recover. 2. can walk very short distances with a walker but must use a wheelchair for most purposes. I axe considered 10094 disabled. 3. I must stay with my son, Jordan Huffer, at least for winters and soon year around. 4. I cannot manage to get upstairs at his home at 4210 South Ocean Drive and must have special modifications as provided for under the Federal Law. 5. The modification would be a small room with assistive devices, walk in bathtub, hand rails etc. so I have equal access and quality of living as much as possible. Please accept this as my declaration and under penalty of perjury I sign this document. Respectfullyy,, 3mail - Reservation Con irmation https: // mail. goog) e. om& maiU ?ui =2&k= f&57764df9&viear =pt... e i r law abate syndrOlns elaliahbYae lail.COrr1> a Reservation Confirmation 1 ""mime Frontier Airline ,moms Thu, May 2, 2013 at 8:45 PM To: JORDAN HUFFER <IegslabuseAgnlal.00uhv F yMM 7001 T r Allure Inc. f Ll 7001 Tower Road Denver, CO 80249 Thank you for choosing FlyFronlisrcorn for your travel plans. Plasse road these knporfant dats8a carefully regarding your purchase and tilrherery: Booking Confirmation Reserml n Cc": KO=C Win corded Dr Karin Huffer Issue Dale: Thu, 02 May 2013 E -mail: jordanQmotorgroup.com Home phone: 954- 6467447 Passengers Or Karin Nulrar I" DEN -FLL. FLL. -DEN Special Request Most And Assisdl *wdchalr For Ramp Ticket Number 4222175174788 Seat 25C,25C Air Itinerary Details Flights Dean+ CO f WWL LA Fe.t L.euderdeWHONywood FL (FLL)6 UN FO 382 Fare Type; Cteeekc Tue,14 May 2M3.03.49 PM Tue,14 May 2013.09:33 PM Fron`sr 0 Akbes 320. Airlines Inc. Fort LaedardalefNo■ywood FL )FLL). US Denver CO (DENS US F9 835 Fan Type: Classic Mon, 20 May 2013. WAS AM Mon, 20 May 2013,11:05 AN Frontier 0 Aktius 320. Aldine Inc. Fare Breakdown Passenger Typo Base Fan Tax" Total Fan Number of per parson per person per person possangem Total Fan Adult 256.74 USD 41.06 USD 297.80 USO x 1 297.80 too DEN -FLL: Classic Fare 9ensaft 1. Advance Seat AtsignmeW: SELECT Seating 2. Checked Baggage (2 bags): included 3. Same Day Standby: Included 4. Sena Day Confirmed Alternate Flight: its 5. Nkwmy Change Fee prior to day of travel: $0 + ftre difference e. Nadw Change Fee: $50 +fee difference 7. STRETCH Seating~: From $51segmeM of 7 5/15/13 7:46 AM U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY IParkfagaa, D.C. May 17, 2004 JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND T13E DEPARTMENT OF JUSTICE REASONABLEACCOMMODATIONS UNDER THE FAIR MOUSING ACT IIItr'odlrctlOn The Department of Justice ("DOJ ") and the Department of Housing and Urban Development ( "HUD ") are jointly responsible for enforcing the federal Fair Housing Act' (the "Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.' One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opporhmity to use and enjoy a dwelhng. HUD and DOJ fiequently respond to complaints alleging that housing providers have violated the Act by refusing reasonable accommodations to persons with disabilities. Ttiis Statement provides technical assistance regarding the rights and Obligations of persons with disaabilities and housing providers under the Act relating to ' The pair Housing Act is codified at 42 U.S.C. §§ 3601 - 3619. 2 The Act uses the term "handicap" instead of the term "disability." Both terms have the same legal meaning. See Bmn v. Abb ott 524 U.S. 624, 631 (1998) (noting that definition of " disability" in the Americans with Disabilities Act is drawn almost verbatim `Prom the definition of'haodicap' contained in the Fair Housing Amendments Act of 1988"). This document uses the term "disability;' which is more generally accepted. ' 42 U.S.C. § 3604(f )(3)(B). reasonable accommodations.° Questions and Answers 1. What types oPdiaerimination against persons with disabilities does the Act prohibit? The Act prohibits lousing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with thems and from treating persons with disabilities less favorably than others because of their disability. The Act also makes it unlawful for any person to refuse "to make reasonable accommodations in rules, Policies, practices, or services, when such accommodations may be necessary to afford ... P erson( '4 (with disabilities) equal opportunity to use and enjoy a dwelling.'' The Act also prohibits housing providers from refusing residency to persons with disabilities, or placing conditions on their residency, because those persons may require reasonable accommodations. In addition, in certain circumstances, the Act requires that housing providers allow residents to Housing providers that receive federal financial assistance are also subject to the requirements of Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. § 794. Section 504, and its implementing regulations at 24 C.F.R. Part 8, Prohibit discrimination based on disability and require recipients of federal financial assistance to provide reasonable a 'ommodations to applicants and residents with disabilities. Although Section 504 imposes greater obligations than the Fair Housing Act, (e.g., providing and paying for reasonable accommodations that involve structural modifications to units or public and common areas), the principles discussed in this Statement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and services under Section 504. See U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Notice PIH 2002 -01(HA) (www.hud.9 offices /fheo/ftabilities/MO2- 0i.pdf) and "Section 504: Frequently Asked Questions; (www.hud.gov /Of BcWfheo /disabilities/ sect504faq.cfin#anchor272118)_ s The Fair Housing Act's protection against disability discrimination covers not only home seekers with disabilities but also buyers and renters without disabilities who live or are associated with individuals with disabilities 42 U.S.C. § 3604(f)(1)(B), 42 U.S.C. § 3604(f)(1)(C), 42 U.S.C. § 3604(f)(2XB), 42 U.S.C. § (t)(2)(4 See also H.R. Rep. 100 -711 — 24 (reprinted in 1988 U.S.C.A.N. 2173, 2184 -85) ( "The Committee intends thew provisions to prohibit not only.discrimination against the primarypurchaser or named lessee, but also to prohibit denials ofhousing opportunities to applicants because they have children, parents, friends, spouses, roommates, patients, subtenants or other associates who have disabilities. Accord: Preamble to Proposed HUD Rules Lnplementing the Fair Act, 53 Fed. Reg 45001 (Nov. 7, 1986) (citing'House Report). 6 42 U.S.C. § 3604(0(3)(B). HUD reg gul pertaining to reasonable accommodati may be found at 24 C.F.R. § 100.204. -2- make reasonable structural modifications to units and public/common areas in a dwelling when those modifications may be necessary for a person with a disability to have full enjoyment of a dwelling! With certain limited exceptions (see response to question 2 below), the Act applies to privately and publicly owned housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance. 2. Who must comply with the Fair Housing Act's reasonable accommodation requirements? Any person or entity engaging in prohibited conduct — i.e., refusing to male reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling — may be held liable unless they fall within an exception to the Act's coverage. Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, anal estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning of other land -use decisions. See e.g., City of Edmonds v. Oxford House, Inc ., 514 U.S. 725, 729 (1995); P[giiect Life v. GlendenW 139 F. Supp. ?03, ?10 (D. Md. 2001), A= 2002 WL 2012545 (4* Cir. 2002). Under specific exceptions to the Fair Housing Act, the reasonable accommodation requirements of the Act do not apply to a private individual owner who sells his own home so long as he (1) does not own more than three single - family homes; (2) does not use a real estate agent and does not employ any discriminatory advertising or notices; (3) has not engaged in a similar sale of a home within a 24 -month period; and (4) is not in tlx: business of selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing Act also do not apply to owner - occupied buildings that have four or fewer dwelling units. 3. Who qualifles as a person with a disability under. the Act? The Act dofnes a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record ofsuch an impairment. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Ymmunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by cun-ent, illegal use of a controlled substance) and alcoholism. This Statement does not address the principles relating to reasonable modifications.. For finther information see the HUD regulations at 24 C.FR § 100.203. This statement also does not address the additional requirements imposed on recipients of Federal financial assistance pursuant to Section 504, as explained in the Introduction. -3- The term "substantially limits" suggests that the limitation is "significant" or "to a large d eg r ee. " The term "major life activity means those activities that are of central importance to daily life, such as seeing, hearing, walking breathing, performing manual tasks, caring for one's self, learning, and speaking.' This list of major life activities is not exhaustive. See e.g., Bm¢ ad I AI:2611. 524 U.S. 624, 691 -92 (1998)(holding that for certain individuals reproduction is a major life activity). 4. Does the Act protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others? No, juvenile offenders and sex offenders, by virtue of that status, are not persons with disabilities protected by the Act. Similarly, while the Act does protect persons who are recovering from substance abuse, it does W protect persons who are currently engaging in the current illegal use of controlled substances? Additionally, the Act does not protect an individual with a disability whose tenancy would constitute a "direct threat" to the health or safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accommodation. 5. How can a housing provider determine ff an individual poses a direct threat? The Act does not allow for exclusion of individuals based upon fear, speculation, or stereotype about a particular disability orpersons with disabilities in general. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The assessment must consider; (1) the nature, duration, and severity of the risk of injury, (2) the probability that injury will actually occur; and (3) V&ether there am any reasonable accommodations that will eliminate the direct threat. Consequently, in evaluating a recent history of overt acts, a provider must take into account whether the individual has received intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of substantial harm). In such a situation, the provider may request that the individual document ° The Supreme Court has questioned but has not yet ruled on whether "working" is to be considered a major life activity. $$m Toyota Motor Mfg, Kentucky Inc v wil es, 122 S. Ct. 681, 692, 693 (2002). if it is a major activity, the Court has noted that a claimant would be required to show an inability to work in a "broad range of jobs" rather than a specific job. See $y Qq v. United Ai_rlWa rnc;_ 527 U.S. 470,492 (1999). See, e.g., United States v. Southern Mmilgg= G 955 F.2d 914, 919 (4 11 Cir. 1992) (discussing exclusion in 42 U.S.C. § 3602(h) for `current, illegal use of or addiction to a controlled substance -4- how the circumstances have changed so that he no longer poses a direct threat. A provider may also obtain satisfactory assurances that the individual will not pose a direct threat during the tenancy. The housing provider must have reliable, objective evidence that a person with a disability poses a direct threat before excluding him from housing on that basis. Example l: A housing provider requires all persons applying to rent an apartment to complete an application that includes information on the applicant's current place of residence. On her application to rent an apartment, a woman notes that she currently resides in Cambridge House. The manager of the apartment complex knows that Cambridge House is a group home for women receiving treatment for alcoholism. Based solely on that information and his personal . belief that alcoholics are likely to cause disturbances and damage property, The manager rejects the applicant. The rejection is unlawful because it is based on a generalized stereotype related to a disability rather than an individualized assessment of any threat to other persons or the property of others based on reliable, objective evidence about the applicant's recent past conduct. The housing provider may not treat this applicant differently than other applicants based on his subjective perceptions of the potential problems posed by her alcoholism by requiring additional documents, imposing different lease terms, or requiring a higher security deposit. However; the manager could have checked this applicant's references to the same extent and in the same manner as he would have checked any other applicant's references- If such a reference check revealed objective evidence showing that this applicant had posed a direct threat to persons or property in the recent past and the direct threat had not been eliminated, the manager could then have rejected the applicant based on direct threat. Example 2: James X, a tenant at the Shady Oaks apartment complex, is arrested for threatening his neighbor while brandishing a baseball bat. The Shady Oaks' lease agreement contains a term prohibiting tenants from threatening violence against other residCats. Shady Oaks' rental manager investigates the incident and Icarus that James X threatened the other resident with physical violence and had to be physically restrained by other neighbors to keep him from acting on his threat. Following Shady Oaks' standard practice of strictly enforcing its "no threats" policy, the Shady Oaks rental manager issues James X a 30-day notice to quit, which is the first step in the eviction process. James X's attorney contacts Shady Oaks' rental manager and explains that James X has a psychiatric disability that causes him to be physically violent when he "s taking his prescribed medication. Suggesting that his client will not pose a direct threat to Wien if proper safeguards are taken, the attorney requests that the rental manager grant James X an ocception to the "no threats" policy as a reasonable accommodation based on James X's disability. The Shady Oaks rental manager need only grant the reasonable accommodation if James X's attomaycan provide satisfactory assurance that James X will receive appropriate counseling and -5- periodic medication monitoring so that he will no longer pose a direct threat during his tenancy. After consulting with James X, the attorney responds that James X is unwilling lo receive counseling or submit to any type of periodic monitoring to ensure that he takes his prescribed medication. The rental manager may go forward with the eviction proceeding, since James X continues m pose a direct threat to the health or safety of other residents. 6. What is a "reasonable accommodation" for purposes of the Act? A "reasonable accommodation" is a change, exception. or adjustment to arule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity In use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual's disability. Example 1: A housing provider has a policy of providing unassigned pa&ing spaces to residents. A resident with a mobility impairment, who is substantially limited in her ability to walk, requests an assigned accessible parking space close to the entrance to her unit as a reasonable accommodation. There are available parking spaces near the entrance to her unit that are accessible, but those spaces are available b all residents on a first come, first served basis. The provider must make an exception b its policy ofnot providing assigned parking spaces to accommodate this resident. Example 2: A housing provider has a policy of requiring tenants to. crane to the rental office in person to pay their rent. A tenant has a mental disability that makes her afraid to leave her unit. Because of her disability, she requests that she be permitted to have a. friend. mail her rent payment to the rental office as a reasonable accommodation. The provider must make an exception to its payment Policy to accommodate this tenant. Example 3: A housing provider has a "no pets" policy. A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable accommodation. the tenant explains drat the dog is an assistance animal that will alert him to several sounds, including knocks at the door, sounding of the smoke detector, the telephone ringing, and cars coming into the driveway. The housing -6- provider must make an exception to its `ho pets" polic to accommodate this tenant. 7. Are there any Instances when a provider can deny a request for a reasonable accoamodation without violating the Act? Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability - related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable — i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's Operations. The determination of undue financial and administrative burden must be made on a case -by -case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability - related needs. When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester's disability - related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden. If an alternative accommodation would effectively meet the requester's disability- related needs and is reasonable, the provider must grant it. An interactive process in which the housing provider and the requester discuss the requester's disability - related need for the requested accommodation and possible alternative accommodations is helpful to all concerned because it often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider. Example: As a result of a disability, a tenant is physically unable to open the dumpster placed in the parking [at by his housing provider for trash collection. The tenant requests that the housing provider send a maintenance staffpeison to his _apartment on a daily basis to collect his trash and take it to the dumpster. Because the housing development is a small operation with limited financial resources and the. maintenance staff are on site only twice per week, it may be an undue financial and administrative burden for the housing provider to grant the requested daily trash pick -up service. Accordingly, the requested accommodation may not be reasonable. If the housing provider denies the requested accommodation as unreasonable, the housing provider should discuss with the tenant whether reasonable accommodations could be provided to meet the tenant's disability- related needs — for instance, placing an open trash collection can in a location that is readily accessible to the tenant so the tenant can dispose of his own trash and the provider's maintenance staff can then transfer the trash to the dumpster when they are on site. Such an accommodation would not involve a -7- fundamental alteration of the provider's operations and would involve little financial and administrative burden for the provider while accommodating the tenant's disability- related needs. There may be instances where a provider believes that, while the accommodation requested by an individual is reasonable, there is an alternative accommodation that would be equally effective in meeting the individual's disability - related needs. In such a circumstance, the provider should discuss with the individual if she is willing to accept the alternative accommodation. However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable. 8. What is a "fundamental alteration "? A °fundamental alteration" is a modification that alters the essential nature of a provider's operations. Example: A tenant has a severe mobility impairment that substantially limits his ability to walk. He asks his housing provider to transport him to the grocery store and assist him with his grocery shopping as a reasonable accommodation to his disability. The provider does not provide any transportation or slopping services for its tenants, so granting this request would require a fundamental alteration in the nature of the provider's operations. The request can be denied, but the provider should discuss with the requester whether there is any alternative accommodation that would effectively meet the requester's disability-related needs without f indgmentally altering the nature of its operations, such as reducing the tenant's need to walk long distances by altering its paddag policy to allow a volunteer from a local community service organization to park her car close to the tenant's unit so slre can transport *a taunt to the groccry start and assist him with his shopping. 9. What happens if providing a requested accosnmodadoa involves some costs on the part of the housing provider? Courts have ruled that the Act may require a housingprovider to grant a reasonable accommodation that involves costs, so long as the reasonable accommodation does not pose an undue financial and administrative burden and the requested accommodation does not constitute a fundamental alteration of the provider's operations. The financial resources of the provider, the cost of the reasonable accommodation, the benefits to the requester of the requested accommodation, and the availability of other, less expensive alternative accommodations that would effectively meet the applicant or resident's disability- related needs must be considered in determining whether a requested accommodation poses an undue financial and administrative _8_ burden. 10. What happens if no agreement can be reached through the interactive process? A failure to reach an agreement on an accommodation request is in effect a decision by. the provider not to giant the requested accommodation. If the individual who was denied an accommodation files a Fair Housing Act complaint to challenge that decision, then the agency or court receiving the complaint will review the evidence in light of applicable law- and decide if the housing provider violated that law. For more infomnation about the complaint process, see question 19 below. I1. May a housing provider charge an extra fee or require an additional deposit from applicants' or residents with disabilities as a condition of grouting a reasonable accommodation? No. Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation. Example 1: A man who is substantially limited in his ability ia walk uses a motorized scooter for mobility purposes. He applies to live in an assisted living facility that has a policy prohibiting the use of motorized vehicles in buildings and elsewhere on the premises. It would be a reasonable accommodation for the facility to make an exception to this policy to permit the man to use his motorized scooter on the premises for mobility purposes. Since allowing the man to use his scooter in the buildings and elsewhere on the premises is a reasonable accommodation, the facility may not condition his use of the scooter on payment of a fee or deposit or on a requirement that he obtain liability insurance relating to the use of the scooter. However, since the Fair Housing Act does not protect any person with a disability who poses a direct threat to the person or property of others, the man must operate his motorized acootcr in a responsible manner that does not pose a significant risk to the safety of other persons and does not cause damage to other persons' Property. If the individual's use of the scooter causes damage to his unit or the common areas, the housing provider may charge him for the cost of repairing the damage (or deduct it Timm the standard security deposit imposed on all tenants), if it is the provider's practice to assess tenants for any damage they cause to the premises. Example 2: Because of his disability, an applicant with a hearing impairment needs to keep an assistance animal in his unit as a reasonable wm mrnodation. The housing provider may not require the applicant to pay a fee or a security deposit as a condition of allowing the applicant to keep the assistance animal. However, if a tenant's assistance animal causes damage to the applicantlk unit or the common areas of the dwelling, the housing provider may diarge the tenant for _9_ the cost of repairing the damage (or deduct it from the standard security deposit imposed on all tenants), if it is the providers practice to assess tenants for any damage they cause to the premises. 12. When and how should an individual request an accommodation? Under the Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. An applicant or resident is not entitled to receive a reasonable accommodation unless she requests one. However, the Fair Housing Act does not require that a request be made in a Particular manner or at a particular time. A person with a disability need not pezonally make the reasonable accommodation. request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjusnnem to a rule, policy, practice, or service because of a disability. Although a reasonable accommodation request can be made orally or in writing, it is usually helpful for both the resident and the housing provider if the request is made in writing This will help prevent misunderstandings regarding what is being requested, or whether the request was made. To facilitate the processing and consideration of the request, residents or prospective residents may wish to check with a housing provider in advance to determine if the provider has a preference regarding the manner in which the request is made. However, housing providers must give appropriate consideration to reasonable accommodation requests even if the requester makes the request orally or does not use the provider's preferred Eorms or procedures for making such requests. Example: A tenant in a large apartment building makes an oral request that she be assigned a mailbox in a location that she can easily access because of a Physical disability that limits her ability to reach and bend. The provider vwuld prefer that the tenant make the accommodation request on a pre - printed form, but the tenant fails to complete the fom4. The provider must consider the reasonable accommodation request even though the tenant would not use the provider's designated fonn. 13. Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation? -10- No. The Act does not require that a housing provider adopt any formal procedures for reasonable accommodation requests. However, having formal procedures may aid individuals with disabilities in making requests for reasonable accommodations and may aid housing providers in assessing those requests so that there are no misunderstandings as to the nature of the request, and, in the event of later disputes, provide records to show that the requests received proper consideration. A provider may not refuse a request, however, because the individual making the request did not follow any formal procedures that the provider has adopted. If a provider adopts formal procedures for processing reasonable accommodation requests, the provider should ensure that the procedures, including any forms used, do not seek information that, is not necessaryto evaluate if a reasonable accommodation may be needed to afford a person with a disability equal opportunity to use and enjoy a dwelling. See Questions 16 -18, which discuss the disability- related-information that a provider may and may not request for the purposes of evaluating a reasonable accommodation request.. 14. L a bowing provider obligated to provide a reasonable accommodation to a resident or applicant if an accommodation has not been requested? No. A housing provider is only obligated to provide a reasonable accommodation to a resident or applicant if a request for the accommodation has been made. A provider has notice that a reasonable accommodation request has been made if a person, her family member, or someone acting on her behalf requests a change, exception, or adjustment to a rule, policy, practice, or service because of a disability, even ifthe words "reasonable accommodation" are not used as part of the request. 15. What if a housing provider fails to act promptly on a reasonable accommodation request? A provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a reasonable accommodation request may be deemed to be a failure to provide a reasonable accommodation. 16. What inquiries, if any, may a housing provider make of current or potential residents regarding the existence of a disability when they have not asked for an accommodation? Under the Fair Housing Act, it is usually unlawful for a housing provider to (1) ask if an applicant for a dwelling has a disability or if a person intending to reside in a dwelling or anyone associated with an applicant or resident has a disability, or (2) ask about the nature or severity of such persons' disabilities. Housing providers may. however, make the following inquiries, Provided these inquiries are made of all applicants, including those with and without disabilities: -11- An inquiry into as applicant's ability to meet the requirements of tenancy; • An inquiry to determine if an applicant is a current illegal abuser or addict of a controlled substance; • An inquiry to determine if an applicant qualifies for a dwelling legally available only to persons with a disability or to persons with a particular type of disability; and • An inquiry to determine if an applicant qualifies for housing that is legally available on a priority basis b persons with disabilities or to persons with a particular disability. Example 1: A. housing provider offers accessible units to persons with disabilities needing the features of these units on a priority basis. The provider may ask applicants if they have a disability and if, in light of their disability, they will benefit from the features of the units. However, the provider may not ask applicants if they have other types ofphysical or mental impairments. If the applicant's disability and the need for the accessible features are not readily apparent, the provider may request reliable information/documentation of the disability- related need for an accessible unit Example 2: A housing provider operates housing that is legally limited to persons with chronic mental illness. The provider may ask applicants for information needed to determine ifthey have amental disability that would qualify theta for the housing. However, in this circumstance, the provider may not ask applicants if they have other types of physical or mental impairments. if it is not readily apparent that an applicant has a chronic mental disability, the provider may request reliable information/documentation of the mental disability needed to qualify for the housing. In some instances, a provider may also request certain information about an applicant's or a resident's disability if the applicant or resident requests a reasonable accommodation. See Questions 17 and l8 below. 17. What kinds of information, if any, may a housing provider request from a person with ad obvious or known disability who is requesting a reasonable aecommodaden? A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation maybe necessary because of a disability. If a person's disability is obvious, or otherwise .known to the provider, and if the need for the requested accommodation is also readily apparent or known, then the provider maynot request any additional information -12- about the requester's disability or the disability - related need for the accommodation. If the requester's disability is known or readily apparent to the provider, but the need for the accommodation is not readily apparent or known, the provider may request only information that is necessary to evaluate the disability - related need for the accommodation. Example 1: An applicant with an obvious mobility impairment who regularly uses a walker to move around asks her housing provider to assign her a parking space near the entrance to the building instead of a space located in another part of the parking lot Since the physical disability (i.e., difficulty walking) and the disability - related need for the requested accommodation are both readily apparent, the provider may not require the applicant to provide any additional information about her disability or the need for the requested accommodation. Example 2: A rental applicant who uses a wheelchair advises a housing provider that he wishes to keep an assistance dog in his unit even though the provider has a "no pets" policy. The applicant's disability is readily apparent but the need for an assistance animal is not obvious to the provider. The housing provider mayask the applicant to provide information about the. disability - related need for the dog. Example 3: An applicant with an obvious vision impairment requests that the leasing agent provide assistance to her in filling out the rental application form as a reasonable accommodation because of her disability. The housing provider may not require the applicant to document the existence of her vision impairment. 18. U a disability is not obvious, what kinds of information nay a housing provider request from the person with a disability in support of a requested aecommodation? A housing provider may not ordinarily inquire as to the nature and severity of an individual's disability (see Answer 16, above). However, in response to a request for a reasonable accommodation, a housing provider may request reliable disability - related information that (1) is necessary to verify that the person meets the Act's definition of disability (Le., has a physical or mental impairment that substantially limits one or more majar life activities), (2) describes the needed accommodation, and (3) shows the relationship between the person's, disability and the need for the requested accommodation. Depending on the individual's circumstances, information verifying that the person meets the Act's definition of disability can usually be provided by the individual himself or herself (e.g., proof that an individual under 65 years of age receives Supplemental Security Income or Social Security Disability Insurance benefits or a credible statement by the individual). A doctor or other 10 Persons who meet the definition of disability for purposes of receiving Supplemental Security Income ( "SSr') or Social Security Disability Insurance ( "SSDI ") benefits in most cases meet the definition of disability under the Fair Housing Act, although the converse may not be Me., Sae e.g., �gl ,y (gam v. Policy Manaaen a t Systems Coro 526 U.S. 795, 797 (1999) -13- medical professional, a peer support group, a non - medical service agency, or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. Once a housing provider has established that a person meets the Act's definition of disability, the provider's request for documentation should seek only the information that is necessary to evaluate if the reasonable accommodation is needed because of a disability. Such information must be kept confidential and must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation request or unless disclosure is required by law (e.g., a court- issued subpoena requiring disclosure). 19. U a person believes she has been unlawfully denied a reasonable accommodation, what should that person do if she wishes to challenge that denial under the Act? When a person with.a disability believes that she has been subjected to a discriminatory housing practice, including a provider's wrongful denial of a request for reasonable accommodation, she may file a complaint with HUD within one year after the alleged denial or may file a lovsuit.in federal district court within two years of the alleged denial. If a complaint is filed with HUD, HUD will investigate the complaint at no cost to the person with a disability. 11ere are several ways that a person may file a complaint with HUD: • By placing a toll -free call to 1- 800 -669 -9777 or TTY 1 -800- 927 -9275; • By completing the ` on -lind' complaint form a railable on the HUD internet site: httdJ /www.bud.eov, or • By wing a completed complaint form or letter to: Office of FairHousing and Equal Opportunity Department of Housing & Urban Development 451 Seventh Street, S.W., Room 5204 Washington, DC 20410 -2000 (noting that SSDI provides benefits to a person with a disability so severe that she is unable to do her previous wodc and cannot engage in any other kind of substantial gainful wodc whereas a person pursuing an action fvr disability discrimination under the Americans with Disabilities Act may state a claim that "with a reasonable accommodation' she could perform the essential functions of the job). -14- Upon request, HUD will provide printed materials in alternate formati (large prim audio tapes, or Braille) and provide complainants with assistance in reading and completing forms. The Civil Rights Division of the Justice Department brings lawsuits in federal courts across the country to and discriminatory practices and to seek monetary and other relief for individuals whose rights under the Fair Housing Act lave been violated. The Civil Rights Division initiates lawsuits when it has reason to believe that a person or .entity is involved in a "pattern or practice of discrimination or when there has been a denial of rights to a group of persons that raises an issue of general public importance. The Division also participates as aattcws curiae in federal court cases that raise important legal questions involving the application and/or interpretation of the Act. To alert the Justice Department to matters involving a pattern or practice of discrimination, matters involving the denial of rights to groups of persons, or lawsuits raising issues that may be appropriate foramicus participation, contact: U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section — G St. 950 Pennsylvania Avenue, N.W. Washington, DC 20530 For more information on the types of housing discrimination cases bandled by the Civil Rights Division, please refer to the Housing and Civil Enforcement Section's website at httv://www.usdoi. eov /crt/housinzArehc me htrnl A HM or Department of Justice decision not to proceed with a Fair Housing Act matter does not foreclose private plaintiffs fiom pursuing a private lawsuit. However, litigation can be an expensive, tithe- consuming, and uncertain process for all parties. HUD and the Department of Justice courage parties to Fair Housing Act disputes to explore all reasonable alteratives to litigation, including alternative dispute resolution procedures, such as mediation. HUD attenipts to conciliate all Fair Housing Act complaints. In addition, it is the Department of Justices policy to offer prospective defendants &c opportunity to engage in pit -suit settlement negotiations, except in the most unusual eir+eumstances. -15- 3mail - Reservation Coa6rnnation https:/imail-googic.com/nmU.hn=2&ik=fBS7764df9&vicw--.;pt T764df9&vicw--.;pt... 8. SELECT Seating`. Included 9. E"ReQirnll) Credit & Ellis OueMceWn Miles: 12571 10. • Not available on Great Lakes codeshare flights. 11. " Classic STRETCH pricing avolloWe if purchased prior to boarding: Economy STRETCH pricing will apply if purchased anbowd. FLL -D9k Classic Fare So 1111 1. Advance Seat Assignment*- SELECT Seating 2_ Checked Baggage (2 bags): Included 3. Same Day StafWW included 4. Same Day Corhflnrod Altbmaie Fight: $25 S. linbrary Change Fee prior to day of travel: $0 + two dWerenee S. Narne Change Fee; $50 +fare dflferance 7. STRETCH SesWhg": From $Wbeginei 8. SELECT Seaftl� Included 9. EarlyRaturr»ll Credit & Elie CunWocalbn Miss: 125% 10. • Not available on Great takes codeshare flights. 11. " Classic STRETCH pricing available 9 purchased prior to boWft Economy STRETCH pricing vAl apply if purchased onboard. GRAND TOTAL ChorW to American Express «« 1003 TOTAL 2!17.80 USD Delivery Information Delivery Option: E- Ticket Important information Be tune to review what s included in your Fare Type' 111 0 WdWng at On airport, CLICK HERE for taro aBributes. To assist with your travel planning: . WS allow each passenger fats of charge, ons terry -on 6p (up to 9.5" height x 15.5' Wit x 24 length and 35 pounds) and one Donal Item. visit our corry-en baggage page for detals. • let and grid dhedked baggage fees vary based on the Fare Option purchased. Sae the fees and benefits of your two listed above. For efl Fare Options. for WINVel through July 10. 2013. There is a $80 fie for each bag bsyeha the that two docked begs. Far ticihsls purchased on. or alter February 17, 2013, for travel on or after July 11. 20M the fee is $75 for each bag beyond the Arab two checked bass• Any bag that ehooseds 02 linear bid hea (up to s nwak urn of 110 linear inches) will incur a $75 overalm fsa. Any bag OW excinds 56 pounds (up be a twouirnu n of loo pounds) war Ink w a $76 overweigh nee. Ascent and Summit EedyRefurnaA members receive two Complementary checked bags on as Faro Options. Active duty military members with ID (not Including family mwnbea or travelirg companions) will not be assessed bag fleas. Media personnel with ID may check bags and equipment for $25 each. • lorhbradm may be cancelled VVIINK l tore pwo ies for reservations booked within the past 24 hours. • Back. Ecanorrry, and Classic tickets must be canceled or changed prior b die scheduled departure time to retain ticket value. • Frontier recall nds that you arrive at the airport at least two hours prior to your scheduled depwWre time. • Passengers We required to have their banding pass in hand 30 mirufte prior to departure for domestic lights and 0o minutes far intsrnelional flights in order to *low sufflclent lime to der akport warty; ot they may need to be acoommodslad on Mother Frontier Airlines Sight. • Passengers fm*t be at the daalgneled pile 10 minutes prior to dopaAus cw they may now to be aocommodsled on another FrontierAilines flight. • Tickets are non4ranallerrable. • Tickets are ran -refundable unless olharwise specified. • Milan" changes may result in a change fee of up to a $100 and any applicable fare difile nce. Change two vary by Faro Option purchased. 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Frontier Airlines www.FyFrontler.com Is(pl abws ayndroats ckgabbuae®prnail.00m> Fri, May 3.2013 at 7:12 AM To: Jason Huller c)dhuflbr&vaallc corn> Flare b Are plane tic for me to go to FL 1 am faeHng two ways - t will have to get to Denver but Chris can drive me If you soft Dr. Karol Kellar AsnociaM F' OW= King Univ. Counseling and Forensic Psychology W lit Marriage FanrNy Therapist ADA Tito 11 and Title III Specialist www.equelaccessadvoceles.com 702 - 528-9588 NOW AVAILABLE - If you have a disobil", dol go 10 court whfwut f iabrkAV rusfks -your guide for proM c*m under" Amsrlcane with DisabWies Ac Amandmsnq Act (ADAAA) at www.o*mW ceaaeadvocates.c*rn IMP abuse syndnoias cieg mMl,eown> Fri, May 3, 2013 at 139 PM To: Frontier PJdkv s eno.neply0ftfirpntler > com Okay._ 1 we you booked me for a week. That dwuld be good. I Will start to gat ready. I could use a dirt If you cant And a vvfmalchair. Club are Man rented for a period of lima. I need *rim anyway tf I Could get one that COMA apart wally to In rtaport. Mile will work something out. Kwon should have one he could ban you for s day or so. You have Mile tendency to pick me up and make me go places OW 1 don't think I on. I love you. Amdous to am you. Mom faww rrosi+leeap Dr. K win Huller Assoeials pfohow Kings UMv. Counseling and Forensic Psydrology NV tic Marriage Family Therapist ADA Title 11 and Title III Specialist www.oquidaccessedwo"fs.can 702 -528 -9588 NOW AVAILABLE - If you have a disability, dent 90 10 oera't without (/Irlockfig Jastfaa - your guide for protection under the Americans with Disabilities Act Amendments Act (ADAAA) at www.equaimccessedwocaMg.com f>abnastar®rlatcom 0 posimasten)�QsLcorn> ' To: iegalsbuea®gmall.com Fri. May 3, 2013 at 1:39 PM of 7 5115113 7.46 AM 3mail - Reservation Confirmation https: // mail. 900910. nom/ anaiV hii= 2&ik- fBS7764df9&view-pt... Delivery has failed to these recipients or distribWon lists: Frontier Air firms The redPOW t^3 e-mail address was not found in the redpienfs e system. MicrMft 80arge wiN not try to redeliver this message for You. Olean dw* the e-mail address and try reserldrig #6 message, or provide the fbll w*V dk gnOstiC tent to your system administrator. eves by Aa'sassR Esslsras 8�:vsr 20W Diagnostic (n(arnratlan for admMiotrasms: Generating server: Corporate.rjet.com no-rep4*0ilyfrontiecaom #550 5.1.1 RESWERADR.FtadpNoWound; not found #�* OVaM mango headers: Reoaiveds fawn pOLc12s107.mxlogic.not (208.65.145.247) by DENCA801.corporate.rjet.com (10.7.4.136) with Microsoft BMW Server (TL9) id 8.3-298.11 rri, 3 my 2013 13:39s54 -0600 Authentication- ftfultes p07v12m107.mxlogic. net I spf -pass Raoeiveds from unknown (74.12S.22.176] (RUM mail- wa0- f176.90091e.0aa) by P01c12ml07.mklogic. not (aal eta- 7.0.0 -1) over TLB secured obannal with Zan" id 98214615 - 1859 .381690.p03c12m107.sxlogic.net (envelope -from <legalabuseEgaail.ccrs>); rri. 03 May 2613 13 :39x52 -0600 (MDT) Received' by esi1- we0- f176.goo9le.aom with SNIP id r6e01546952wey.7 for <a0- replylflyfront:ez.Cow>; Fri, 07 Ray 2013 12:39'51 -0700 (PDT) MrM- Signature' v -1; a- rsa- shsa256; c- relaxed /relaxad; d- gmail.cnas a- 20120113; b- s ima - version : x- receivedtin -re- ply- to;refereacee :date:sesasage -id :sabject:froa:to:content - type= bh 10 dihmbBgiDk 9 AatamgZrLIZgd3LGWnvinlypvLbk -; b- 3 QAidUTMM 3 A 9 ea pC gfelha0 /4416ACe172sIwMTup1Ib19r 1 r 09 P: Wrgmnbdgn1RDlQESA3D5vc :s9td5dbr.?MF8w2M0sfx jo61kpammnr63Daa COS JCbWPrgbyxtC40sQGDeLOC=+ ns78fnOfdkaoelr4gatll ►YfUaf +bV2406P5yMxa 0198 ysa hlgrtxvwAXT Ulufea MpAaflalTSjo7AsApyyCAShoy !lose /Vtutryrall3ND vO1L tOScltUCT asQBOMOnuMne/ JOD :gTgaD3hMeiK3gQytpmgsopos oJxA -- KLME- veraicn: 1.0 i- Reaaiveds by 10.194.119.242 with BMTP id kvioariS749890wjb .26.1367609991299; Fri. 03 Nay 2017 12e3ft51 -07Q0 (" T) Received: by 10.194.23.196 with aTTP; Fri, 3 Hey 2OL3 12s39:51 -0700 (PDT] Ia-Reply -Tos < 1792768036. 41081367549114119. Javmail .appuser@fr- p- tdp5.datalek.coe> RbEdcanoese <1792760036. 41001367549114119. JavaMail .appuserlfr p tdp5.datalex.com> Date: Fri, .3 May 2013 13.319:51 -0600 Hsasags -ID: aCJ+ glwLYPoutLAcy00pt3McTW4UNbpsi92r8rrbvb96urQNe CfABmail.gmail.cama Ssbjeat: ties Reservation Confis*Mti0a rrcas legal abuse, ayndr0 cI&gaI&buGe @gmaiI.ccn> To: P7r Airlines <no- replyfiflyfrcntier.com> Content -Vjpae multipart/alternative; boundary •4)89e0115r3fOb907f304dbd58367' i- Analysisout: [v-2.0 a%- FONAMaC6 a -1 an-1 a- ODghuxUbcj " :LO a-KA*C MROWI t- ADalysisOut: [AsLO a- pOS.kcaISAAM:B a- aks_vielrtplA:10 a- QWCAOvAAAAsB al i- AeslysisOuts 1•490rIWOAAAM B a-v SSdTwbRAAhsB a- Ot20DRssAAAAAiS a- gSODdv] 1- Analysisoutt (e4AAAAse a+Til10DJ4cx%AA3e a rrywwABWO1bv4sUws21kA39 a- vPWLV] . i- AiialysitOut' [f6feitAt2O a- *Sa9VA8jXRcAs10 a- 0offIJpyepsphs20 a-H wtB4Tpa] i- Analysisoutt [wqA :10 a- LBtB*cARafsAslO e- JaenkfraufkAsIC a- gaBViIivbi4A:] i- AnalyiisOut:_(10 a- pglb_Lk7wLQjRt6bt21 a-bIsfvIS3101Pnf49 :21 a- Jdc►Tk6Vi] i- AnalysisGMtt [pvOSdWm7srAs9 a- txanliW7b4A:10 a- 66UoOjz7AuEh :10 a- 4fC7ws] i - Analysis0utt [UTla0Ae10 a Trpolenl=lhlvvrs2l a 9b1o9MtBtSlpPogd :21 s i- Analysiaouts [M4a a1x39yj■g2s21] Received�sprs Pass (pOlcl2m107.a:1-ogic.net, domain of gmaii.aom designates 74.125.82.176 as permitted sander) i -Spans [x:0.4105263158; H- O.S00(o); spf- 0.500: STSI- 0.500(0); BOO-20042010122901)1 SC -] sTSH- 0.500(0); CH- p.S00� !BI- 0.735(2013050321)= i- Nh= -rROMs <legalabuseOgaail.cos> i= SOOAC:i•IPs [74.125.82.176] Returns -Pattie legalabuse6gmail.eom FineWtedpient rfcB22;no- repyQQOMtier.00m Fof7 5/15/13 7:46 AM Gmail - Reservation Confirmation bads:// maii-goojbxortL/mail /?ui= 2&ik- -M7764dP9&view =pt... Action: hied Status: 5.1.1 OlegnosiIC-Code: tr 0.550 5.1.1 RESOLVER.ADRRecipNotFound: not loud X- Display -Name: Frontier Airlines Forwarded message -- From: "I abuse syndrome c"lmbu"ill?9ma8.cW;o To: FronierAiANfrls <rko{s"8ylrontieroom> Cc Date: Fri, 3 May 201313:39.51 -0600 Subject: Re: Reservation Conflrrmdon Okay. 1 ase you booked me for a week That could be good. 1 Coll start b get ready. I Could Iree a Carl if you can111nd a wheelchair. Carts are often fantod for a period of erns. 1 need one anyway If 1 Could get one that comes apart eerily to Uansp04 V* vA work 00 sift ouL Kavon should have one he could loan you ter a day or so. You have this tendency b pick me up and make me go places that I donl think 1 can. I love you. Aru6ous to see you. Mom On Thu. May 2.2013 at 8:45 PM, Frontier AlrWas <no-reOyWmnt;er.com> wrote. i FronOwAkOmes Inc. { 7001 Tower Road Dan~. CO 80249 -7312 Thank you for choosing FWronder corn for you trawl plans. Please read these Nnport M details Ctwsfuff regardNg your purchase and Itinerary: Booking Confirmation Reeeroetion Code: KGCOXC Main contact: Dr Karin Huffer Issue Dale: Thu. 02 May 2013 E- rural: jordenemowwoup.Com Hance phone: 9544;467447 Passengers or KtAn Huffer Fllght DENfLL. FLL-DEN 3PO" Request Meet And AGLOW reelchatr For Ramp To" Number 4222175174798 Seat 25C,25C Air Itinerary Details Flights Deaver CO (DEN). US Fort Laudsrda4Mollywood FL (FLLh US F8 382 Fare T Tue. 14 May 2013, 03:46 PM Tue. 14 May 2013, 09.33 PM Frontier 0 IrW Classic Airbus 300. Airlines Inc Fort Lt dardslalNolrwood F4 (FLL). US Denver CO (DE"L U6 F9 835 Fare Type: Classic Mon, 20 May 2013, 00:48 AM Mon, 20 May 2013. 11:86 AM Frontier 0 Airbus M. Airlines fns Fars Breakdown Passenger Type Base Fan Tans Total Fan Number at Total Fame of 7 5/15/13 7 -46 AM 3mail - Reservation Confirmation https:// malt. gooSle. oom / malt ?ui- 2&ik= fBS7764df9&view=pt... pw person PK person pK pion possongee Adult 258.74 USD 41.00 USD 207.80 USD x 1 207.80 USD DEN4FLL: Close le rare aww is I. Advance Seat Assignment': SELECT Sea" 2. Clhsdwd Baggage (2 bags): Included 3. Sartre OW Slandby: Included 4. Some Day Confirmed Alhunste Flight =25 S. Itinerary Change Fee prior to day of trawl: $0 + rare difference 6. Now Charge Fee. $50; fare Allerence 7. STRETCH SeMiig•': From $5"gmw t 8. SELECT Seating': Included 9. EaryRNumol9 Credit 3 Eke Qualification Mles: 125% 10. • Not available on Great Lakes codsshare flights. 11. " Classic STRETCH pricing available if puridrased prior to boarding; Economy STRETCH pricing will apply 4 purchased orhboard. FLL#N: Clwsie Fan Bandits 1. Advance Seat Assignnwnt': SELECT Sealing 2. Chadhed Boggs" (2 bags): Included 3. Same Day Standby- included 4. Sarre DayConfrmad Altsmste Fight: $25 5. Ulnerary Change Fee prior to day of travel: $0 + fare diftra oe 6. Name Change Fee: $50 +rare dtference 7. STRETCH Seating": From SShegment 8. SELECT Seating Included 9. EarlyRsAramg CnmM 6 Me QuatiOwYon NNles. 12571 10. ' Notsvailable on Great takes cod"hors Mottle. 11. •• Classic STRETCH pricing available If purchased prior to boarding; Economy STRETCH pricing will apply if purchased onboard. GRAND TOTAL Charged to American Express »..1003 TOTAL: 497.00 U'0 Delivery Information Dslvery Opllon: E- Ticket Important information . Be sure to review what's included in your Fare Type before wdvkq at to airport. CLICK HERE for fare Wribulos. To assist with your travel planning: • We allow each passenger. 1 Of charge, one carry -on bag (up 10 9.1r height x 15.5" width x 24• length and 35 pounds) and one Personal item. Vish our carry-on baggage page for details. • 1st and 2nd if i An baggage is" vary based on the Fare Oplion purchased. See the fees and bww is of your fare laled above. For all Fare Options, for travel through July 10. 2013. here is a $50 fee for each bag beyond the Bret IM chocked bags. For licketa purchased on or Miler February 17, 2013, for travel on or alter July 11, 2013, ow tae is $75 for each bag beyond the first two checked baps- Any bog that exceeds 62 linear inches (up 10 a maximum of 110 linear inches) veil incur a $75 oversize fee. Any bag Viet exceeds 50 pounds (up We maximum of 100 pounds) will incur a $75 overweight tee. Ascent and Summit EidyRetumse members receive two complimentary cocked bags on all Fare Options. Active duty rnBany members wMh 10 (not including family members ortravelig companions) will not be assessed beg fees. Meths personnel with ID may check bps and equipment for $25 each. • Itineraries may be canceled without ire penatkis for nesotvations booked within the past 24 hours. • Basic, Economy, and Classic ticket must be aneelled or charged prior to the scheduled depanuro time to retain ticket value. • Frontier reconvnends that your arrive at the airport at least two hours prior to your scheduled departure tme. • Passengers are required to have ter bearding pass In hand 30 minutes prior to departure fordomealic flights and 00 mirmles for Intonational lights in order to allow sulltderrt tims to class sipoA security; athervvise, they may reed to be accommodated on another Frontier Airlines Bight. i of 7 5115/13 7:46 AM Gmail - Reservation Confirmation bttps://m d.googler corn /maiU?ui- 2&ik=MS7764df9 &view • Passengers must best the designated gate 10 minutes prior to departure or they my need to be scoom modaled on another Frontier Airlines flight. • Tide is are non- translsrrable. • TICkets are non - refundable unless othervAse epacitisd. • llinersry ch nges may result in s change fee of up to a $100 and arty spplicsbk faro dMarance. Change tees vary by Faro Option Purchased. See the lass of your tare listed above. . to file a oWWWnenl or ComPISK visit www. FlyFronkr.cordCustomerRelations a mall to Ann: Cuetwor RslalloW Frondsr Canter One. 7001 Tower Road. Denver; CO 60249 Save firm at the mlgmrt: cheek in online wiMftn 24 hours of your departure. Want more Iproom7 We have MI STRETCH seating is now available on all Akbus and El 90 aircraft. Loam Mors. Book wtlh sar6denos: Mb guarantee Mist you'll Ind Frontiers best value N FyFronler m with our Best Fare Guarantee. Renal Cars: Choose tom Avis or Budget, ON from ors easy sasrrhl Rent a Car. Book Now. Frbr*Jw tM@MrCar4: Apply for the Frontier Master Card® today and earn rip to 20,000 miles! Terns and Conditions apply. Learn Mare. Frontier Aidkms www.FlyFrontier.com Dr. Karin Hinter Associate Professor King's UnW . Counseling and Forensic PWdiokW NV lic Marriage Family Therapist AGA Title N and Tllle III Specialist www.equsiwmsssdvocates.com .T02- 528 -91588 NOW AVArl.ABLE - 2f tae hove a disability, don't go to court without lMaddry Jusfke -your Wicle for prdedlon under the Americans with Deabiitles Ad Amendments Ad (ADAM) at www.equakmnsadvocates.com rof7 511913 7:46 AM Confidential FAX Coversheet Date: 5-15-13 To: TOWN OF HIGHLAND BEACH (Attention Valerie - FAX 561 -265 -3382) BOARD OF ADJUSTMENT & APPEALS 561 -265 -3562 FAX NUMBER FrOM Dr. KARIN HUFFER khuffeMLVAA11c.com 702-520-9586 FAX 561423 -6257 RE: Declaration of disability for today's hearing Pages: 16 Note if misdelivered. In the event this material is delivered to the wrong address. please respect the confidentiality by returning it to the sender and destroying any residual data Town of Highland Beach 3616 South Ocean Blvd. Highland Beach, FL 33487 Re: Request for side yard setback variance at 4210 S. Ocean Blvd., Unit #3 Highland Beach, FL 33487 To Whom It May concern: My name is Al2 IzUg G/ and I reside at am a neighbor of Jordan Huffer, the property owner making the above referenced request. I have reviewed the plans for the proposed addition and I support project. I feel that under Mr. Huffer's special circumstances, his request for this variance should be granted. Sincerely, Town of ftdand Beach 3616 South Ocean Blvd. Highland Beach, FL 33483 I I I Re: Request for side yard setback variance at 4210 S. Ocean Blvd., Unit #3 Highland Beach, FL 33467 To Whom It May Concern. M name is "j� ` and 1 reside at I am a neighbor of Jordan Huffer, the property twrmer making the above mferer"d request. I have reviewed the plans for the proposed add ition and i support project. I feet that under Mr. Buffer's special circumstances, his request for this variance should be granted. Sincerely, Town of Highland Beach 3616 South Ocean Blvd. Highland Beach, FL 33487 Re: Request for side yard setback variance at 4210 S. Ocean Blvd., Unit #3 Highland Beach, FL 33487 To Whom It May Concern: My name is l L t/l-�- and I reside at ' S�v /rn a neighbor of Jordan Huffer, the property owner making the above referenced request. I have reviewed the plans for the proposed addition and I support project. I feel that under Mr. Huffer's special circumstances, his request for this variance should be granted. , Sincerely Comments of Joseph Frost, Owner 4210 South Ocean Blvd, Unit 2 Board of Adjustment Hearing May 15, 2013 1 own Unit 2 of the building where the applicant wishes to modify and encroach into our side yard and setback. I am here today to strongly oppose the requested variance and in fact oppose any modification to our building for the following reasons: I have read our town ordinances pertaining to variances and I have also read the applicant's responses to the four required stipulations for approval of such a request. I offer the following for your consideration: With respect to reauirement 4A — Special Conditions — there are no special conditions associated with this property, merely typical easements and setbacks that apply to all buildings in the town for the purposes of protecting residents and neighbors, future maintenance and access and green space for the enjoyment of all. With respect to requirement 4B — Circumstances not tied to actions of the applicant - While not tied directly to actions of the applicant, the applicant agreed to the conditions set forth in both town ordinance and our condominium declarations when he purchased the property. He is now being asked to honor the stipulations of purchase. With respect to reauirement 4C — Special Privilege: The applicant is requesting to build across property, which he does not solely own and into an easement that is there for the reasons indicated in the response to item 4A. While I understand and applaud the applicant's desire to take care of his mother, the end in this case does not justify the means. This is a condominium with multiple owners not a single - family home. We have a small amount of green space and an already restricted side yard access, further diminution of that area is unacceptable. Further, granting a variance to extend this request into the setback would clearly constitute a special privilege to the applicant and a penalty to the other owners and our neighbors. F With respect to requirement 4D — Literal Interpretation and derivation of rights - The test for this requirement is that existing conditions must not deprive the applicant of rights "commonly enjoyed by others". This is not a common request nor does an extreme and extenuating circumstance exist here. This variance request and ultimately the permit itself rest on implications of financial hardship to the applicant. There are numerous other remedies available to the applicant to address his family's needs without impacting our side yard or infringing on the side set back. As an example, I purchased a unit down on Bel Air Rd specifically to address this issue for my aging parents. In closing, I will share with you that this variance request and the development action in general is prohibited by our condominium declarations. • As we each own fee simple an undivided interest in the Common Areas; and • That no owner shall make any alterations in Common Elements or interfere with any easement and • That "Common Elements shall remain undivided and no owner shall bring any action to partition" While these controls lie in the civil arena, they are at least in part why I purchased at 4210 and any action by the Town contrary to these stipulations will send the wrong message to the applicant and potentially other residents. Also, for the record, I hold a copy of an email sent to me last night from Mr. Alan Teller, Owner of Unit 1 of our building which states the he "objects to the request for the variance". This email would appear to make it unanimous across the most effected parties, the owners of 4210 and our neighbors at 4206, that no one is in favor of this variance request. Thank you for the opportunity to speak. From: mstboat < mstboat @bellsouth net Date: May 14, 2013, 8:42:53 PM EDT To: JB Frost < jbfrostlna bellsouth net Subject: Re: scan As I have stated all along: Since our unit has an extension I cannot object to the application for an extension. I object to the request for the variance. ---1 Alan Teller From: JB Frost < ibfrosticd)belisouth net To: mstboat < mstboatftellsouth net Sent: Tue, May 14, 2013 8:23:01 PM Subject: Re: scan Do you support the variance? Yes or no? .TB JB Frost, CEO Alliance International Development Group