Legal review cited in delay on group home P&Z hearing in Hermann

By Buck Collier, Special Correspondent
Posted 10/11/23

HERMANN — A measure related to a group home for recovering alcohol and drug addicts located in a single-family residential Hermann neighborhood has been set aside for the time being to allow …

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Legal review cited in delay on group home P&Z hearing in Hermann

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HERMANN — A measure related to a group home for recovering alcohol and drug addicts located in a single-family residential Hermann neighborhood has been set aside for the time being to allow attorneys for the city and residents opposing the home to discuss the issue.

The Hermann Planning & Zoning Commission on Oct. 5 tabled the measure that would bring the city’s definition of a family more in line with the definition of state government for a group of people living in one unit. The group home on Stone Hill Highway, which is being operated by Learn to Live Recovery, would have as many as eight people staying there while they recover from their addictions.

Residents of the neighborhood have asked the Board of Aldermen to not allow the group home, arguing that it is out of character with the single-family neighborhood and that there are other parts of the city which, such as in multi-family residential districts, would be a better location.

At an earlier aldermanic session, City Attorney David Politte explained that based on state and federal fair housing regulations, there is little the city can do regarding the group home. As Politte explained, about the only authority the city has over the home would be to ensure that the residence does not take on the appearance of a business. Residents of the neighborhood have vowed to fight the group home.

“I will recommend that we table this issue until the next meeting,” said P&Z Chairman Delores Grannemann, adding that the attorney “need to talk a little more.”

In other matters before the planning board, Code Enforcement Officer Robert Sitton is suggesting the aldermen be recommended to do away with the “suite” designation for guest houses because of parking regulations that call for suites to have one parking space. He noted that some guesthouses are operating as suites, which means they don’t have to provide more off-street parking for the guests.

“I think the suites need to disappear altogether,” Sitton told the P&Z Commission, in effect making all the multi-guest units guesthouses. Grannemann said the matter would be referred to the BOA to consider changing the code book regarding the rental dwellings.

The work on drafting an updated Comprehensive Plan for Hermann continues. A letter asking for qualifications of potential long-range planning organizations was reviewed and fine-tuned and will be issued with responses due back in City Hall sometime in November.

“We’ll send this out and see what happens,” the chairman said.

It has been two or three decades since the city’s initial Comprehensive Plan was adopted. The plan, also known as a Master Plan, serves as a blueprint for a city’s growth and development, covering such things as identifying possible future zoning districts, locations for businesses, transportation needs and other items. A consultant would provide the city with a framework for guiding consideration planning and zoning action for several years.

Meanwhile, the city attorney will have ready for the next P&Z Commission session a draft ordinance covering the sale of marijuana within the city. Because of the newness of legalized sale of marijuana, the city’s code book does not contain a section on the sale of the product.

Hermann has only one marijuana retailer — apparently the only outlet in Gasconade County. The public will have an opportunity to comment on the proposed ordinance during a public hearing set for Monday, Nov. 6.

That night the Commission also will hold public hearings on the measure regarding the definition of family and the matter of scrapping the designation of “suites” in favor of an overall “guesthouse” designation. The hearings will begin at 7.

Rachel and Eric Penton appeared before the Commission to ask about possible regulations regarding a proposed drive-through pizza parlor in the neighborhood behind the former Casey’s General Store on East 8th Street. They are concerned about the traffic that would be generated by the business, especially if the site is to be further developed to include bocce courts.

“Our concern is parking,” Rachel Penton said. Eric Penton is a doctor who recently joined the staff of Hermann Area District Hospital.

P&Z members said they were unaware of any plans to develop a business in that area. The Pentons were advised to speak to City Administrator Patricia Heaney about their concerns.