Clearly not happy with the situation, Orem's City Council Tuesday reversed its decision to deny permission to an Orem couple to care for elderly people in their home.
Mark and Terri Wery, owners of the residence at 1886 N. Heather Drive, asked for a conditional use permit that would allow them to use an apartment (previously illegally operated as an apartment) in the home to provide exclusive care for up to three elderly, probably terminal, patients.The home is large with 8,000 square feet, of which 1,400 feet will be dedicated to the elderly care facility to be known as Heather Ridge Inn.
The Werys are experienced caretakers and were in the process of obtaining their state license for a Type N facility, when action by the council on Feb. 7 blocked their plans. Lynn Robbins, working with Terri Wery, had promised a lawsuit would surely follow the council's "frivolous" action because it was based on subjectives rather than facts.
Four council members voted to deny the request based on concerns they voiced about parking and traffic hazards in the neighborhood that would be aggravated by the addition of the facility.
Additional information about the parking provided by Robbins persuaded the council members to ask for reconsideration of the request following that denial.
"I don't have any authority to deny this. I cannot deny it. I disagree with it and I think the street is bad, the driveway is bad, but I don't have a choice," said Councilwoman Judy Bell Tuesday evening.
"Under the Fair Housing Act, I feel compelled to vote for it."
"The traffic study we've seen tells me it's not as big an impact as we first thought," said Councilman Timothy Christensen.
Robbins' figures show 3.2 cars as the average number expected at the facility per day with 23 cars coming during a typical week.
Councilman Chris Yandow said he is still very concerned over the entrance and exit on the hill, especially in the winter months.
Wery said problems in the cul-de-sac and on the street are problems that already exist and not caused by her facility.
Neighbors asked the city to tie the "business" use of the home to the Werys and not create an ongoing problem that will outlive the Werys. They complained that traffic numbers were from the Robbins facility in Santaquin, where much more driving space is available than in Orem.
City Attorney Paul Johnson explained that conditional uses always go with the land. "It must be done without regard to the individual," he said.
When Councilman Kelvin Clayton moved to approve the Werys' request, the council was unanimous in their voting for approval.