Hartselle to revise 4-person limit after threatened with lawsuit

Hartselle’s Planning Commission will consider during its Oct. 4 meeting revising a zoning ordinance to allow five unrelated persons to live in a single-family dwelling in an R-1 zone due to the threat of litigation.

At Tuesday’s City Council meeting, City Attorney Larry Madison requested an executive session with the City Council, Mayor Dwight Tankersley, City Planner Jeremy Griffith and Department of Development Director Jeff Johnson. Madison’s reason for the private meeting was due to a threat of litigation, which is permitted under Alabama’s open meetings law.

Griffith said Thursday that Madison received letters from attorneys representing Volunteers of America and five special-needs persons who would like to live at 1009 Mason Drive, which is in a R-1 zone. The city ordinance prohibits them from living there because only four unrelated persons can living in a single-family home for that zone.

The Board of Zoning Adjustments rejected the request of VOA to allow these five to live at this home.

“Larry Madison asked us to revise our ordinance to allow up to five unrelated persons to live in a single-family home,” Griffith said. “The changes have been drafted and will come before the Planning Commission for approval on Oct. 4. If it’s approved, there will be a public hearing before the council on Oct. 25 and could also be approved that night.”

Griffith said there are a few other minor changes regarding rental housing, but except for that and the number of unrelated persons, the ordinance will be the same.