Council takes up discussion of solution to Habitat for Humanity home title issue
By TONY REED/Of the Advocate

As with the April meeting of the Planning Commission, members of the public along with residents of Habitat for Humanity, and neighboring streets attended the May 28 City Council meeting to express their concerns about Habitat properties in Fort Bragg neighborhoods.

Mayor Jere Melo and council member Dan Gjerde recused themselves from the proceedings, each saying that they had family and property in the areas, which would create a conflict of interest.

Background

According to a Community Development summary report, Habitat constructed two residences on a parcel at 1365 and 1367 Oak St., and four residences on a double lot at 285 and 295 S. Corry St., and four residences on a double lot at 541 and 543 Maple St. The residences were constructed as primary dwelling units and three secondary dwelling units.

According to the report, Habitat made a commitment to assign ownership of residences to the partner families. However, since the residences were not on separate parcels, the State Subdivision Map Act prevented the new homeowners from obtaining the titles to the homes.

Habitat presently retains ownership of the parcels, and must comply with the mission of the international organization, to transfer ownership to its partner families.

Habitat representatives feel the lack of clear title to homes may negatively affect future attempts to gain loans and grants for future developments.

In seeking a solution, Habitat proposed using the state's density bonus laws to approve three sites to gain "density bonuses," then awarding points from the existing developed and undeveloped parcels. Habitat proposed retroactively applying bonus credits to already constructed units which presently do not meet the maximum density and minimum lot size.

A review by the Planning Commission suggested tenancy in common ownership as a possible solution to the titling issue, which Habitat's attorneys felt was unfavorable because of its mission to provide individual ownership of homes to it's partners.

Public comment

Once opened for public comment, Resource Development Chairman Chuck Greenberg spoke of how Habitat is an asset to the community, and has constructed more housing for its partner families than many much larger cities involved with the program. Greenberg related that Habitat has won the standards of excellence award every year, and implied that the city needs Habitat's help to provide affordable housing. Greenberg closed by saying that Habitat now needs the city to complete its work.

One commonly addressed issue was that of water drainage at the Oak Street site, which Council member Lindy Peters and Public Works Director Dave Goble later showed to have already been addressed. Reading from the proposal, Council member Michele White illustrated that dangerous trees and water drainage issues had been looked into, and that it was all contained in the plan. Area residents attested that the area can become flooded during heavy rains, and that widening nearby ditches probably would not help.

Public comment heard several sides to the matter, including that of Gayle Bowman, area resident, who said that cutting R1 zoned sites in half was not the answer. Bowman also felt that Habitat should be commended for its efforts, but "I say go back to square one." Bowman felt that adopting the changes would get the city into trouble later on, and the problem should be approached one lot at a time.

Several others said they felt that changing the existing zoning would set a precedent, and undermine the authority of existing zoning laws.

White said she would like to see some solution reached that would not oppose the law.

Addressing the camera, Peters wanted it to be clear that the council has never done anything to impede or slow the progress of Habitat, and the fact that they were given awards for their efforts proves it.

Greenberg approached the podium again to say that if there was another solution to the problem at hand, then he would support it.

Council member Vince Benedetti said he felt that as a government board, the council should give no preference or favoritism to any group or individual, regardless of their personal feelings about them. "We all appreciate Habitat for Humanity," said Benedetti, "but we have to be careful that we are always treating everyone the same." Benedetti went on to say that as much as he would like to help, the council should give everyone the same consideration, without exception.

As the meeting was running into the 11 p.m. hour, council agreed to continue the matter at a later date.

--------------------------------------------------------------------------------

© 1999-2002 MediaNews Group, Inc.