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HomeMy WebLinkAbout4650 Newland StreetCiry of Wheat Ridge Planning and Development Department Memorandum TO: Darin Morgan, Codes Administrator FROM: Bob Gaspar SUBJECT: Possible Illegal Duplex At 4650 Newland Street DATE: April 18, 2000 On January 12, 2000 I inspected the property at 4650 Newland Street for being a possible illegal duplex. The inspection was performed in the presence of the owner, Barbara Fleenor. No violations were found. No further action was taken. rlg rne crry ot 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80215 December 17, 1999 Ms. Barbaza J. Fellnor 4650 Newland Street Wheat Ridge, Colorado 80033 Deaz Barbara Fellnor, GWheat 9Ridge rile Gry It has come to my attention that the basement of your residence at 4650 Newland Street has recently been remodeled. Depending on what degree of remodeling was performed, a building permit may have been required. Permits aze required for any remodel work of plumbing, elecri-ic, mechanical or structural systems. Aiso, any change in use of the property would require review by the planning department and the building department. For example, if a homeowner would want to change their single family dwelling to a duplex(two family dwelling) then reviews are required. This brings me back to the reported remodel of the above mentioned basement. It is the policy of the Wheat Ridge Building Department to foilow-up on reports of this nature. It important to assure that adequate levels of health and safety are followed. Therefore, I am requesting that you contact me at (303)-235-2850 or make an appointment for a meeting within seven working days from the receipt of this notice. Hopefully ali of concerns can be quickly taken answered. Sincerely, Bob Gaspar Building Inspector (303) 234•5900 • ADMINISTRATION FAX: 234•5924 • POLICE DEPARTMENT FAX: 235-2949 ~ to i a ~ ~ 0 t ~ . ~ ~a, 5~~. (/n~-~~~ Lc>l • IYO ~ OXFORD HOUSE, INC. FINANCIAL SERVICES OFFICE June 12, 1999 Mr. Alan White Director, Office of Planning & Development City of Wheat Ridge 7500 W. 291h Ave Wheat Ridge CO 80215 Re: Oxford House - Newland 4650 Newland St. - Wheat Ridge, CO a~~-~ ~ ~ jUN 1 Dear Mr. White: It has come to out attention that the property identified above is no longer a single family dwelling and is being run as a rooming or boarding house subject to whatever local zoning ordinances may apply. For the record, and pursuant to Federal legislation, I am writing this letter to explain to you the Oxford House concept and advise you that the propertv is no lonqer an Oxford House. 1. As you may already know the residents of an Oxford House are recovering alcoholics and addicts. They have a right to reasonable accommodation in the application of its zoning ordinances and other municipal codes so that a group of recovering addicts and alcoholics residing together as a family can be afforded an equal opportunity to use and enjoy a single family dwelling. 2. Properties are rented by members for use as an Oxford House. In this regard, Oxford House, Inc. assists in the establishment of housing for recovering addicts and alcoholics that is financially self-supported, democraticaliy run, and immediately expels anyone who uses drugs or alcohol, inside or outside of the house. There is no paid staff, counseling, therapy or house manager involved in the operation of the house. In an Oxford House the group behaves like any family and makes group decisions based on the democratic procedures. Oxford House is nothing more than a single family residence. 3. Oxford House residents are encouraged to rent single family dwellings in good neighborhoods. This means Oxford Houses are usually located in areas zoned for single family dwellings. The Program is supported by the State of Colorado, Division of Alcohol and Substance Abuse Services (ADAD). 11317 BEACH MILL ROAD • PO BOX 179 • GREAT FALLS, VA • 22066-0179 m(703) 450-6501 •(800) 486-6488 • 8(703) 450-6577 •(800) 899-6577 IeOxfordh@icagroup.org • htto'//wwwozfordhouse.ora _ z_ JuNr 14,1999 4. This property was being leased by a group of recovering alcoholics and drug addicts for the purpose of living together in a shared living arrangement in order to provide each other with mutual support and encouragement in remaining drug and alcohol-free. The houses are based entirely on the "Oxford House" Model as described in PL100-690 as amended by the Anti Drug Abuse Act of 1988. 5. Oxford Houses are not substance abuse centers, half-way houses, shelters nor community care facilities in that there is no treatment, counseling, therapy, or any type of health care services provided. Oxford Houses are not licensed by the State of Colorado, nor are they required to be licensed. In an Oxford House, as opposed to a half-way house, residents live by choice. All decisions relating to the functioning of the Oxford House are made democratically by the members. An Oxford House manages it own finances and has its own bank account. There is no testing for alcohol or drug use, nor is there any rules relating to curfews. 6. Oxford Houses are neither roominq nor boardinq houses. The members rent the entire premises rather than a single room. They have access to the entire house and all of the household facilities, and live in the house as any other group of related persons functioning as a single housekeeping unit. The residents of the house share all household responsibilities, including financial responsibility for the rent and utilities, which they pay out of a single household checking account. They also share in the cooking, shopping, cleaning and general care of the premises. The residents live together purposefully to create a"family" atmosphere, where all aspects of domestic life are shared by the residents. There are no special locks on the doors of the bedrooms. 7. Physically, the house is no different than any other single family house in the neighborhood. It is simply a single family dwelling that is being rented by a group of handicapped individuals. The lease was between the landlord, Barbara Fleenor and "Oxford House - Newland". There is a direct landlord- tenant relationship between !he actual residents of the premises and the landlord. As the lease clearly indicated, there are no other persons or organizations, other than the men who are living in the house, responsible for paying the rent or utilities for this rental property. 8. Most importantly, there is no third party making any decisions regarding the way Oxford Houses operate, who resides in the House or how the Houses are to be run. It is the residents themselves who make all of the necessary operating decisions. Moreover, not only is there no owner or operator at the premises making decisions regarding who lives in the premises and how the premises would function, but all of the household expenses including rent, utilities and basic household supplies are shared by the resident members of the House. Further, the payments are all equal regardless of the size of the _ 3 _ JuNr. 14, 1999 rooms. The landlord is paid one monthly check for the rent, which reflects the rent for the entire house. Finally, if there is an opening, the residents decide if they wish to fill the opening and if so, the identity of the new occupant. 9. The owner has absolutely nothing to do with the identity of the new individuals residing at the house, or how long the individuals stay in the house (other than simply establishing the term of the lease for the entire property). All of these decisions are made exclusively by the House members who are renting the premises. 10.Oxford Houses are established pursuant to the provisions and requirements of the Recovery House Provision of The Anti-Drug Abuse Act of 1988, 42 U.S.C. 300x-25. The legislation requires each state to set aside $100,000 in a revolving loan fund to make loans to four or more recovering addicts and alcoholics to assist in the establishment of housing that is financially self- supported, democratically run and immediately expels anyone who relapses. In addition, Oxford House, Inc. charters all Oxford Houses which certifies that the house is conducting itself according to these principles. 11.Oxford House residents are considered to be the "functional equivalenY" of a family for severai reasons. First, all residents have access to the entire house. Second, all the residents participate equally in the housekeeping functions of the house i.J house chores, house finances. Each resident, however, is responsible for this own food and cooking. Third is the quality of the relationship among the residents. The emotional and mutual support and bonding given each Oxford House resident in support of his recovery from drug addiction or alcoholism is the equivalent of the type of love and support received in a traditional family. Finally, the living arrangement is not based on a profit motive. 12. Residents live in an Oxford House by choice. The choice is usually motivated by the individuai's desire not to relapse into drug and/or alcohol use again after that individual has bottomed out, i.e. lost job or family. The final factor in determining that Oxford House residents are the "functional equivalenY" of a family is the fact that there is no limitation as to how long a resident may stay in Oxford House. Conceivably, an individual can stay in Oxford House a lifetime if he or she does not relapse into drug and/or alcohol use, pays his or her rent on time and does not engage is disruptive behavior. 13.A11 residents of Oxford House are considered "handicapped' under the 1988 amendments to the Federal Fair Housing Act. Recovering addicts and alcoholics are specifically included within the definition of "handicapped;" See 42 U.S.C. 3602(h) and 24 C.F.R. 100.201(a)(2). The Fair Housing Act was amended to include handicapped individuals within these parameters, and to guarantee the ability of these individuals to live in the residence of their choice within the community. _ 4_ Ju;ar 14,1999 14. Residents of an Oxford House are part of a nationally recognized program, which through peer pressure and strict conditions of abstinence, successfully maintains freedom from addiction and improves the lives and opportunities of its participants. On or about April 15th of this year, the son on the owner of the property, Mr. Richard Fleenor, demanded that several rooms in the House be made immediately available to him, and proceeded to take over the operation of the House. He began collecting individual rent for each room occupied from the former members of the House and has generally conducted the business of a boaring house on the premises. He has reportedly threatened the current residents, who are in fear of him due to his collection of weapons stored in the House. The Residents, have resigned their Charter, which has now been revoked. Please call me at 800-486-6488 if you have Charlgs E. Prf der Burgh Chief Fina ial Officer - National Financial Services Office Cc: State of Coloiado ADAD Residen[s S PoGn, OfFice oE Genezal Comise] l~~! f,/ 1 !1 OXFORD HOUSE, INC. FINANCIAL SERVICES OFFICE June 12, 1999 Mrs. Barbara J. Fleenor 1313 Indian Point Bush Lane Longmont, CO 80503 Re: Oxford House - Newland 4650 Newland St. - Wheat Ridge, CO 80033 Dear Mrs. Fleenor: It has come to our attention that you are in breach of the lease you entered into with Oxford House - Newland on October 23 1998. Your son, Richard Fleenor, claiming to be your agent and representative, physically moved into the House without invitation, ceased control of the House by threat of violence, and began collecting rent in your name from the individual members residing in the House. You are hereby on notice that you are in violation of the terms of the lease. You are also in clear violation of both the Federal Fair Housing Act and the American's with Disabilities Act. Furthermore, pursuant to PL100-690, the Anti- Drug Abuse Act of 1989, it is expressly forbidden for a landlord or his agent to move into, attempt to controi, or collect rent from individuals living in an Oxford House. Weapons such as handguns, shotguns, or rifles are prohibited in an Oxford House and their use or threat of use is a felony. Your actions have also placed you in violation of local ordinances governing the establishment and operation of unlicensed rooming and boarding houses. There is also question as to whether you obtained the appropriate building permits and inspections for the work that was performed on ihe House prior to its occupancy. By authority vested in me as Chief Financial Officer of Oxford House, Inc., and responsible for the monitoring of compliance with these Federal Statutes in the State of Colorado, be advised that the Charter of Oxford House - Newland has been revoked. You are forbidden to use or attempt to use the name Oxford House - Newland for any purpose or for attempting to run a boarding or rooming house using the name Oxford House - Newland. We have advised the residents to withhold all rent payment in lieu of proper notification that you have wilifuily and illegally terminated their lease. Under the above statutes, the residents, a handicapped class, have the right to collect 11317 BEACH MILL FOAD • PO BOX 179 • GREAT FALLS, VA • 22066-0179 m(703) 450-6501 •(800) 486-6488 • t3 (703) 450-6577 •(800) 899-6577 lE]OxfordhQicagroup.org • Mto'//wwwodordhouse.om I L,1: 14,1999 damages from you, the owner and landlord, for your actions which has been seriously detrimental to their health and welfare. We have notified the State of Colorado, Department of Alcohol and Drug Abuse Services that you have violated the terms of your lease with Oxford House - Newland. By your actions, you have effectively assumed responsibility for the repayment of the State Loan made to Oxford House - Newland. The State Attorney General will determine what action will be appropriate. We have notified the City of Wheat Ridge, Department of Planning and Development that you are in violaiion of local zoning ordinances regarding unlicensed rooming and boarding hotlses in a residential community. Sincerely, Charles E. van der Burgh Chief Financial Officer - National Financial Services Office Cc: Stare of Coloeado t1DAD City oE W/liearon Ridge - Dept of Planuing & Uc~-clopmen[ S Polin, Office of Genexnl Counsel f ? ~ _