Complaint, Etc For Email To Complainant

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The Result of Government Gone Mad. This is still going on. These are the same officials who I took to Court and they simply ignored it and nobody made them.

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Complaint, Etc For Email To Complainant

  1. 1. IN THE ERIE COUNTY HUMAN RELATIONS COMMISSION<br />ROBERT E. WIDING III, VICTORIA)<br />HOUSE COLLABORATIVE LLC, and)Docket No. 10-002-H<br />JOHN DOES ONE THROUGH FIVE)<br />(Other Current and Prospective)<br />Residents of 1156 West 11th Street),)<br />)<br />Complainants and Plaintiffs)<br />)<br />)<br />)<br />CITY OF ERIE ZONING HEARING )<br />BOARD; CITY OF ERIE, BUREAU OF )<br />CODE ENFORCEMENT; and CITY)<br />OF ERIE,)<br />)<br />Respondents and Defendants)<br />COMPLAINT<br />JURISDICTION<br />Jurisdiction is pursuant to the Erie County Human Relations Commission Ordinance No. 59, 2004, Article V, Section D and Article VI, Section A (as amended by Ordinance No. 39, 2007).<br />PARTIES<br />The Complainants herein are:<br />Name:Robert E. Widing III<br />Address:1156 West 11th Street<br />Erie, PA 16502<br />Name:Victoria House Collaborative LLC<br />Address:1156 West 11th Street<br />Erie, PA 16502<br />and<br />Names:John Does One Through Five (Other current and prospective <br />residents of 1156 W. 11th Street)<br />Address:1156 West 11th Street<br />Erie, PA 16502<br />The Respondents herein are:<br />Name:City of Erie Zoning Hearing Board<br />Address:626 State Street<br />Erie, PA 16501<br />Name:City of Erie, Bureau of Code Enforcement<br />Address:626 State Street<br />Erie, PA 16501<br />and<br />Name:City of Erie<br />Address:626 State Street<br />Erie, PA 16501<br />COUNT 1<br />Denial of Zoning Variance Request/Disability Discrimination<br />Failure to Make Reasonable Accommodation/<br />Disparate Treatment<br />Paragraphs 1 through 3 are incorporated herein by reference as though set forth at length.<br />The Complainants, Robert E. Widing III and John Does One Through Five, jointly and severally aver that their protected class is that of disabled individuals, as delineated and defined under the Erie County Human Relations Commission Ordinance No. 59, 2004 (as amended by Ordinance No. 39, 2007).<br />The Complainant, Victoria House Collaborative LLC, avers that it is a domestic limited liability corporation, incorporated under the laws of the Commonwealth of Pennsylvania, and doing business at all times relevant to this Complaint in Erie County, Pennsylvania.<br />The Complainant, Victoria House Collaborative LLC, avers that it is the successor of Victoria House LLC, which requested certain variances from the Respondents related to the property located at 1156 West 11th Street in Erie, PA, in April and August of 2009.<br /> The Complainant, Victoria House Collaborative LLC, avers that it owns and operates a Group Home, known as “Victoria House,” located at 1156 West 11th Street in Erie, PA (hereinafter referred to the “property”).<br />The Complainant, Robert E. Widing III, avers that, in addition to being a disabled individual and resident of Victoria House, he is also the Property Manager/House Manager/Responsible Agent of/for the property. <br />The Complainants aver that Respondents meet the definition of “person” as such term is delineated and defined under the Erie County Human Relations Commission Ordinance No. 59, 2004 (as amended by Ordinance No. 39, 2007).<br />The Complainants aver that, on or about April 28, 2009, they requested the Respondents to grant a variance of the Zoning Ordinance for the City of Erie, Ordinance Number 80-2005 (hereinafter referred to as the “City Zoning Ordinance”) as a reasonable accommodation to allow them to operate and reside in a Group Home related to their disability.<br />The Complainants aver that Section 305.01 of the City Zoning Ordinance provides for a variance/zoning exception for Group Homes such as Victoria House.<br />The Complainants aver that the Respondents denied their initial request for reasonable accommodation on or about May 8, 2009, mischaracterizing Victoria House is a “half-way house” and/or “rooming house” (which Respondents stated are not permitted uses in an R-2 zoning district) and stating that Victoria House is a “half-way house without any formal oversight or supervision.”<br />The Complainants aver that they filed an appeal with the Respondents, asking the Respondents to reconsider the initial denial of the request for the zoning variance/special exception as a reasonable accommodation related to their disability.<br />The Complainants aver that the Respondents held a second hearing on the Complainants’ request for reasonable accommodation on or about August 25, 2009.<br />The Complainants aver that, in the second hearing, the Respondents acknowledged that Victoria House is, in fact, a “Group Home” that would be covered under the “Group Home Special Exception” of Section 305.01 of the City Zoning Ordinance.<br />The Complainants aver that the Respondents denied their second request for reasonable accommodation on or about September 8, 2009, stating that density control for a lot size in an R-2 district (3,000 square feet) allows one or two families or three unrelated people only on a lot that size and that the same standard should apply for disabled people as does for non-disabled people.<br />The Complainants aver that the reasons stated by the Respondents for the denial of their request for reasonable accommodation in both the denial of May 8, 2009 and the denial of September 8, 2009 are purely pretext.<br />The Complainants aver that any other reason given by the Respondents for the denial of the requested reasonable accommodation is purely pretext.<br />The Complainants aver that the actual reason that the Respondents denied their request for reasonable accommodation in the form of the zoning variance/special exception is solely because of the Complainants’ disability and the bias of the Respondents against those with their particular disability.<br />The Complainants aver that any reasonable accommodation made by the Respondents relative to allowing the zoning variance/special exception for Victoria House to operate on the property would not pose an undue hardship on or fundamentally alter the nature of the zoning ordinance.<br />The Complainants aver that there are only six (6) current or prospective residents of Victoria House and that allowing two (2) families of non-disabled persons to live on one property in an R-2 zoning district could easily mean that more than six (6) people would be residing on such property at any given time.<br />The Complainants aver that allowing six (6) unrelated persons to live in one property in an R-2 zoning district as a reasonable accommodation due to their disability does not place any more of an undue hardship on or fundamentally alter the nature of the zoning ordinance than would allowing six (6) related persons to live on the same sized property. <br />The Complainants aver that the property is, in fact, LARGER than the 3,000 square feet required for the R-2 zoning district and that the Respondents are aware, or should be aware, that the property is larger than 3,000 square feet.<br />The Complainants aver that others outside their protected class are treated differently than they have been treated by the Respondents.<br />The Complainants aver, by way of example, that the Respondents have granted zoning variances to other Group Homes under the same or similar circumstances, such as the Gertrude Barber Center and the City Mission.<br />The Complainants aver that others, with no disability and/or with different disabilities than they have are treated more favorably by the Respondents than the Complainants have been treated.<br />The Complainants allege that the Respondents violated Article IX, Section A, of the Erie County Human Relations Commission Ordinance No. 59, 2004 (as amended by Ordinance No. 39, 2007).<br />The allegations in the foregoing paragraphs hereof constitute an unlawful discriminatory practice and are in violation of the Erie County Human Relations Commission Ordinance No. 59, 2004 (as amended by Ordinance No. 39, 2007).<br />The Complainants have filed an Appeal of the Respondents’ denial of their zoning variance request with the Court of Common Pleas of Erie County, Pennsylvania, but no action based on the aforesaid allegations of discrimination has been instituted by the Complainants in any court or before any other commission within the Commonwealth of Pennsylvania.<br />The Complainants pray that the Respondents be required to provide all appropriate remedies under Article VI, Section L of the Erie County Human Relations Commission Ordinance No. 59, 2004 (as amended by Ordinance No. 39, 2007) and to provide such further relief as the Commission deems necessary and appropriate.<br />IN THE ERIE COUNTY HUMAN RELATIONS COMMISSION<br />ROBERT E. WIDING III, VICTORIA)<br />HOUSE COLLABORATIVE LLC, and)Docket No. 10-002-H<br />JOHN DOES ONE THROUGH FIVE)<br />(Other Current and Prospective)<br />Residents of 1156 West 11th Street),)<br />)<br />Complainants and Plaintiffs)<br />)<br />)<br />)<br />CITY OF ERIE ZONING HEARING )<br />BOARD; CITY OF ERIE, BUREAU OF )<br />CODE ENFORCEMENT; and CITY)<br />OF ERIE,)<br />)<br />Respondents and Defendants)<br />VERIFICATION<br />I hereby verify that the statements contained in this complaint are true and correct to the best of my knowledge, information and belief and that I am authorized to make this verification on behalf of all Complainants herein. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904, relating to unsworn falsification to authorities.<br />________________________________________________________________<br />SignatureDate<br />________________________________________<br />Street Address<br />________________________________________(______)________________<br />City, State and ZIP CodeTelephone Number<br />IN THE ERIE COUNTY HUMAN RELATIONS COMMISSION<br />ROBERT E. WIDING III, VICTORIA)<br />HOUSE COLLABORATIVE LLC, and)Docket No. 10-002-H<br />JOHN DOES ONE THROUGH FIVE)<br />(Other Current and Prospective)<br />Residents of 1156 West 11th Street),)<br />)<br />Complainants and Plaintiffs)<br />)<br />v.)<br />)<br />CITY OF ERIE ZONING HEARING )<br />BOARD; CITY OF ERIE, BUREAU OF )<br />CODE ENFORCEMENT; and CITY)<br />OF ERIE,)<br />)<br />Respondents and Defendants)<br />CERTIFICATE OF SERVICE<br />I hereby certify that a true and correct copy of the within complaint was served on all parties of record in this proceeding in accordance with the requirements of 1 Pa. Code 33.31 (relating to service by an agency) by hand delivery to the Complainants; and, to each of the Respondents, by certified United States mail, return receipt requested, postage prepaid, as follows:<br />Robert E. Widing IIIVictoria House Collaborative LLC<br />1156 West 11th Street1156 West 11th Street<br />Erie, PA 16502Erie, PA 16502<br />John Does One Through FiveCity of Erie Zoning Hearing Board<br />1156 West 11th Street626 State Street<br />Erie, PA 16502Erie, PA 16501<br />City of Erie, Bureau of Code EnforcementCity of Erie<br />626 State Street626 State Street<br />Erie, PA 16501Erie, PA 16501<br />Dated this ____________ day of March , 2010.<br />BY: ___________________________________<br />THE COMMISSION’S ROLE<br />The Erie County Human Relations Commission Executive Director, Joseph Aguglia, Jr., acts as the attorney for the Commission who investigates the claim. In no way is the Executive Director, any representative of the Commission, and/or the Commission itself your attorney or representative. In fact, you are encouraged to retain private counsel if possible. If you desire to have an attorney, please contact the Lawyer Referral Service of the Erie County Bar Association:<br />Erie County Bar Association<br />Lawyer Referral Service<br />302 West 9th Street<br />Erie, PA 16502-1427<br />Phone: (814) 459-4411<br />The Human Relations Commission, Commission Staff and the Executive Director do NOT give legal advice to you. Both the Commission and the Executive Director act as a neutral court in the matter.<br />________________________________________________________________<br />SignatureDate<br />________________________________________<br />Printed Name<br />________________________________________<br />Street Address<br />________________________________________( )________________<br />City, State and ZIP CodeTelephone Number<br />

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