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Monday, October 23, 2000

Teen house raises zoning questions




By Cindi Andrews
The Cincinnati Enquirer

        HARVEYSBURG — A program that's housing troubled teen-agers in a quiet neighborhood of single-family homes is breaking the village's zoning ordinance, one council member says.

        “They're illegal, in my view,” Councilman Phil Trovillo said Sunday of the Teen Reach program.

        Council, in fact, passed an ordinance to that effect in July, but it apparently has not been enforced.

        Arizona-based Teen Reach has occupied the house at 60 Loraine Ave. — and at least one other in Harveysburg — since March. It is under in vestigation by the Ohio Department of Education for lacking a charter for its school, and by job and family services for not having a group home license.

        Further, Teen Reach officials and property owner Paul Brothers have been cited by the state Fire Marshal's Office for five fire-code violations. The fire marshal's report says 14 unrelated teens are living at the house.

        Teen Reach officials say they don't need a license because the program is religious and they don't consider it a group home. For those same reasons, program offi cials say the zoning code allows them in residential areas.

        Village Council contested that theory July 3, unanimously agreeing that Mr. Brothers was violating the zoning code by:

        • “Allowing a structure to be occupied which does not have an occupancy permit.”

        • “Allowing his property to be used as a group home.”

        Law Director Patrick Long was directed to sue Mr. Brothers to force him into compliance. Since then, no action has been taken.

        Mr. Long said Sunday that Teen Reach may not be a group home for zoning purposes after all because Harveysburg's code defines a group home as providing “rehabilitative services.”

        Teen Reach doesn't use psychotherapy. However, director Bobby Torres said his program provides drug and alcohol treatment, along with pastoral counseling.

        Additionally, Mr. Long said, “council determined they could go ahead and give them the occupancy permit.”

        A review of council minutes, however, shows no such vote. On July 24, Mr. Brothers and council discussed a variance that would clear the way for an occupancy permit, the minutes say, but no decision was made.

        The discussion was to continue after the meeting, but the minutes don't mention an executive session — which Ohio law requires for a closed-door meeting — and the audio tape labeled “July 3” is blank.

        Harveysburg Village Council meets tonight.

       



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