How to fight City Hall and win a partial victory; homeowners battle red tape and apparent corruption to garner a cease and desist order against Safe Embrace

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Since 2003, a domestic violence shelter has operated in Sparks in a residential area. After a series of what can only be described as bureaucratic gymnastics, 11 neighbors have brought suit against Washoe County, Safe Embrace, and the City of Sparks, following some shocking accusations found in a petition filed by their attorney’s. The 22 page document filed in Washoe County District Court was a part of the basis for a decision by Judge Hardy on June 20, 2022, to cease and desist.  The petition contains an assertion of impropriety, rising to the highest levels of the City of Sparks.

The petition argues that the deed for the property restricts any business or commercial use in this residential area. Although in the city of Sparks, the homes in this subdivision were under the jurisdiction of Washoe County at one time; islands of Washoe County jurisdiction exist in several areas of Sparks and Reno.

In 2019, Safe Embrace applied to construct a 1,924 square foot addition, which would add four bedrooms and additional 13 beds. Neighbors complained and asked for the work to cease, addressing concerns with property values and the zoning for such a project. In January 2017, Safe Embrace presented to the Sparks City Council a need for more beds and proffered a plan to use government funding to assist Safe Embrace and in-turn the city could rely on Safe Embrace to provide emergency shelter for domestic violence victims. Later, in November 2017, Safe Embrace filed a development application with the City of Sparks. According to the petition, despite not being zoned for such an expansion and use, the city nonetheless approved the application with conditions. Apparently the city failed to enforce their own rules regarding the requirement for a conditional use permit, which is required based on the size increase of the housing.

Interestingly, the special use permit would have triggered a neighbor notification and the opportunity to be heard in front of the Planning Commission. The petition claims that the city failed to follow established law and instead approved the matter in an, “administrative review,” absent any public hearing or comment. We further learned from the petition, that at the time Sparks Councilman Ed Lawson, who now serves as Sparks’ Mayor, was reported to be the vice president of Sierra Builders, the same company that would submit the building permits and plans to Washoe County.

Neighbors who noticed the construction called the City of Sparks and complained. They were told the project did not violate the zoning and that it was an approval of more bedrooms, not more occupants. Other neighbors also contacted the County and were assured that it would be within regulation, and if found to not be in regulation, the County would take action. Instead, in November 2018, Washoe County approved a business license that increased bed space from nine to 32 and changed the land use to multi-residence, which is prohibited according to the deed.

After petitioning the City at council meetings, late Mayor Ron Smith directed the matter be looked into. Eventually, City Manager Neil Krutz sent a letter to the County explaining that the cities planning staff approved the business license in error. In fact, the law requires that for the area this home is located, the zoning is E1 and only group homes with nine or less residents are permitted. Any departure from that would require a special use permit. According to the petition, no such application was ever made. Following homeowners’ attempts to resolve the matter, they hired an attorney. A letter was sent to the city and in response they were told the property was no longer in the “sphere of influence” of Sparks and they had no authority to take action.

According to the petition, and in a manner Picon is very familiar with, the County never responded to the complaint and when pressed for a response, claimed that the matter was closed. The County then followed up with a letter claiming they are bound by decisions made by the city of Sparks. Interestingly, Bob Lucey is named in the suit as a defendant as the Chair of the Washoe County Commission.

These 11 plaintiffs sought every avenue to battle city hall and in the end had to file a class-action suit to bring the government to heel. On June 20, 2022, Judge Hardy shut down Safe Embrace, issuing a cease and desist order.

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