In a split vote, the Festus City Council approved a conditional-use permit for a nonprofit group to run a transitional home for people who have completed a drug treatment program out of a house on North Adams Street.
The council voted 5-2 Monday to approve the conditional-use permit, with Dave Boyer and Jim Collier of Ward 1, Staci Templeton and Brian Wehner of Ward 2 and Bobby Venz of Ward 3 voting in favor of the permit and Kevin Dennis of Ward 3 and Mike Cook of Ward 4 voting against it. Jim Tinnin of Ward 4 was absent from the meeting.
Karleene Fortney of Festus owns the house at 122 N. Adams St. and submitted the application for the conditional-use permit on behalf of ACPD (Austin Christopher Paul Deno), a nonprofit organization that supports people trying to get back on their feet after battling drug addiction.
The house is in an area zoned B-3 for downtown business use, and a conditional-use permit was needed to operate it as a “lodging house,” which is allowed as a conditional use under the current zoning.
Fortney and Art Deno, who runs ACPD in memory of his son who died of a drug overdose, spoke to the council prior to the vote. They stressed that the ACPD program is for people who have completed drug treatment.
The intent of the effort – called ATL (for Austin’s Transitional Living) – is to help up to five people at a time under supervision at the home.
Council members learned at the meeting that ATL already had been operating out of the house, and several council members said they were upset the program began before getting the necessary conditional-use permit.
Dennis, in particular, said he felt “duped,” adding that before learning that ATL already was operating in the house, he had been prepared to vote for the conditional-use permit.
“This doesn’t smell right,” Dennis said. “I was OK with it until I heard that.”
Deno said Fortney contacted the city about the permits before the program began operating in the house on Oct. 1, and she thought she had covered her bases at that time.
“Like Mrs. Fortney said, she talked to the zoning (Festus Planning and Zoning Commission) and she thought everything was good,” Deno said. “In November, somebody complained (to the city).”
He said after he and Fortney learned they needed a conditional-use permit for the house, they took the necessary steps. The Festus Planning and Zoning Commission recommended approval of the permit request on Nov. 17.
City Administrator Greg Camp said it’s not uncommon for property owners to learn after the fact that something they had done violated city regulations, and in those cases, city officials do what they can to work something out with the property owners.
“What we seek is to make them compliant,” Camp said.
Venz said while he was not happy that ATL already was operating, he feels the good the organization is doing outweighs the misstep.
“I think they’re doing what they can to help people in trouble,” Venz said. “If it takes another person off the street, from the wrong side to the good side, then it’s for a good cause.”
Deno said he was relieved ATL gained its conditional-use permit. Had the motion gone the other way, the transitional house would have been forced to cease operations.
“We just get to keep operating,” he said. “We’re not here to hurt anybody. We’re here to help.”