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Minutes of the Regular Meeting of Council Monday, September 25, 2017 Page 6 parts of the Village. Planning and Zoning has worked with the current property owner for five years on a developinent plan and we even created a conditional use permit but it has riot worked. I can't speak to all of the numbers and all of his testimony and all that, but Planning and Zoning has tried and has bent over backwards to make something work there and it hasn't. The new change in the Charter which I believe is a good one, permitted a use variance and the property owner and the respective buyer went through the process and it was approved. The prospective buyer is putting up significant money to purchase and develop the property which I think says a lot about their concept. I assume we don't think it's my business as a resident and even as a member of P&Z and by the way I am not speaking for P&Z, I am speaking for myself, to pass judgment on their business plan or certainly to deny them the use to protect another similar business in the area. I also think if this use variance is denied, the property owner and maybe the prospective buyer, will sue us and I think we will lose. I do have one other itein that I want to address if I can. Recently, actually about 10 days ago, the Village lost a long-time resident, Dave Hoehnen. Dave was proud to be a Villager and loved to help. We worked together on The Grove and for the last year on Planning and Zoning. Every item that Dave addressed at P&Z was well thought out, well researched and it was something that he believed in to be right and true. He was an honest and sincere person. He was a real gentleman. I learned much about Dave through his illness and I was very lucky to have walked with a giant. . John Michalko 6852 Wilson Mills I only want to get one part straight with this gentleman's presentation that it was unanimous with the Board of Appeals. It was not unanimous. Thank you. Dr. Parker asked, do you recall what the vote was? IvIr. Diemert stated, it was 4-1. Council President Saponaro asked, any other public comment regarding this matter? There was none. • Third Reading of Ordinance No. 2017-31, entitled, "An Ordinance affirming the Grant Use Variance by the Board of Appeals for a Memory Care Facility on North Commons Blvd. P.P. No. 831-05-015." Introduced by Mayor Bodnar and Council as a Whole. '(First Reading = 7/24/17; Second Reading - 8/21/17) (Law Department) Mrs. Mills, seconded by Mr. Marrie, made a motion to enact Ordinance No. 2017-31.