CAPE FAMILY FACES HURDLES TO MAKE HOME ACCESSIBLE

James Frank isn't interested in setting a precedent. He just wants to make life a little easier for his 83-year-old mother, Ruby.

But to do that, he first must get past a city ordinance designed to prevent front-yard parking.

Frank petitioned the Cape Girardeau Planning and Zoning Commission in August to recommend an amendment to an ordinance that prohibits building driveways that don't lead to garages, carports or parking areas.

The Franks are building a new home in the Clarkton Place Subdivision on the southeast corner of Pheasant Cove. They plan to have a walk-out entrance and patio on the south side of the house.

Ruby Frank, who has arthritis and a broken hip from an accident, will be living in the basement quarters. She ambulates only with the use of a walker and for a limited distance, Frank told the planning and zoning commission in August.

The Franks wish to build a driveway off Mallard Drive to provide direct access to the patio so Ruby won't have to cross the lawn to be picked up.

Frank said the driveway would be used only as a means of access to pick her up or drop her off. His mother doesn't drive, and Frank said no vehicle would be parked in the driveway, except when his mother is being transported.

But City Attorney Warren Wells, after reviewing the matter, determined the drive wasn't legal because the corner lot has "front yards" on both streets. The city law dealing with driveways won't allow a driveway unless it leads to a carport or garage.

Still, the planning and zoning commission recommended the city council approve the proposal.

At the request of the Franks, the city planning office drafted an amendment to the law, which would give the city's Board of Adjustment authority to provide variances in such cases.

But the Board of Adjustment voted unanimously against the amendment at its Sept. 1 meeting.

Discussion on the proposed amendment brought up concerns about front-yard parking in residential areas and why it should be restricted.

One option discussed at the Board of Adjustment meeting was to build sidewalks for access as opposed to driveways. Another was to build homes better able accommodate elderly or disabled residents.

Other comments focused on potential problems with enforcement of limited parking agreements, since future occupants would be able to use the drives to park boats, campers and other vehicles.

Angela Shown, a SEMO Alliance Independent Living Alliance Disability Association (ADA) specialist, wrote a letter to city planner Kent Bratton on behalf of the Franks.

"Unfortunately, the Americans with Disabilities Act is not inclusive to codes of residential areas," wrote Shown. "However, the needs are still there. As an independent living specialist, I appeal to you to take into consideration the needs of this family."

The Franks will get a public hearing at tonight's city council meeting.

Should the council approve the amendment to the ordinance, the Franks have said they will apply to the Board of Adjustment for a variance.