A LIMIT ON REHAB PATIENTS REJECTED

Sandy Neighbors Earlier Had Tried To Keep Facility Away

Resigned to the fact that they cannot stop a drug- and
alcohol-rehabilitation facility from opening in their neighborhood, a group
of east bench residents has now failed to establish a limit on the number
of patients at the facility.

Even with the help of Sandy - which officially appealed the decision to
allow the ARK of Little Cottonwood to open at 2919 E. Granite Hollow St.
(9805 South) - the Salt Lake County Board of Adjustments ruled Wednesday
that the facility could continue operating in two buildings that house 16
people each. Sandy and the residents had argued that county planners had
approved the expansion of the facility into a second building without
consulting the Planning Commission or County Council or giving a chance for
public input.

The board disagreed and said that state and federal laws made disabled
housing a permitted use in all zones. Because of that, the county planners
had to approve ARK's expansion, just as they would have approved the
construction of a house on a residential property without public comment.
Board Chairman Kevin Oakes said that without an ordinance specifically
limiting the number of patients, the planners could limit occupants only
based on fire codes.

Sandy City Attorney Walter Miller said that because the ARK's land was
subdivided, it technically was operating two facilities within a half-mile
of each other, which is not allowed. He also said that because no
legislative bodies had been consulted, the public and Sandy had not had a
chance to comment.

Miller had to spend the first two hours of the 3 1/2-hour hearing
convincing the board that, as a government corporation, Sandy was even
allowed to appeal a decision about property in unincorporated Salt Lake
County. He said that because they were neighboring governments, the city
and county should always try to work together to minimize impacts.

"I don't have an accent or come from a foreign country," he said. "I am the
Sandy city attorney. We are partners in this; please let us speak."

The board did allow Sandy to appeal on a 3-2 vote, but it eventually denied
that appeal 4-0.

Resident David Johnson, who lives next door to ARK, said that while the
facility is protected by federal housing and disability laws, it is not
operating in the spirit of the law.

"The purpose of the code was to allow people with disabilities to
assimilate into the neighborhood," Johnson said. "This completely changed
the nature of the neighborhood."

John Hewlett, who owns the land ARK is leasing, said that ARK had little
impact on the neighborhood because it was sprawled across four acres while
most of the other homes - including that of Johnson, who has 12 children
and three adults in his home - are on half-acre lots.

"I believe that 32 people living on four acres has less impact than 15
people living on a half-acre," Hewlett said. "The quality of the clients
and people I have met makes me proud to say I lease to (ARK), despite the
abuse I have taken from my neighbors."