This use is regulated by the State of Texas through the Department of Aging and Disabilities Services (DADS). This particular state statute overrides our zoning ordinance. The statute allows, by right with no possibility of additional regulation by a city, up to six unrelated people in a single family residence. This is a matter of state law with which the city must comply.
I do not know why this applicant has decided to go through the Board of Adjustment process as it is actually not required under state law since he is wanting to place six people in the home. There is however a side effect of this house being used for this purpose – if this use, properly permitted, regulated, and inspected by the state, goes in, then no other similarly regulated use is allowed within one half mile.
I urge residents to understand this is regulated by the Texas Legislature, not the City of Garland. We must, as a city, comply with state laws and regulations. If residents would like to see changes in state law, the the proper elected officials to contact are state representatives and senators. I will be happy to supply contact information for any other elected officials if needed.
