04/08/1997 Minutes - Laserfiche WebLink

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A light the parking lots; and lights over the receiving doors. There will be landscaping on the front and along the side to hinder drivers from backing out onto the side street and to soften the area. They have changed the parking so there is two employee spaces on the side. They are plauning to replace the existing pole sign with a ground sign, remove the air conditioning in the back, and rework the gutter system so all water flows onto Forest City's property drainage on the site. He clarified that the bu.ildiug lights will all be down lights, and the signage will be white with black letters. Since they had been asked to remove the logo from the ground sign, there was not time to redraw it. He clarified that they had been unable to contact the landowner to the rear where the air conditioner hangs over the property and where the sidewalk is located, so they are going to remove them so they are not uifi7nging on another property. They do not know exactly how they will work out the drainage, but there will be no gutters on the rear of the building. Assistant Building Commissioner Rymarczyk advised that the laudscaping plan will have to be re-submitted to the architectural review board for approval. It was decided that the grouud sign should be submitted at the same time. R. Tallon moved to accept the Forest City Auto Parts, 23789 Lorain Road, proposal to expand building with the inclusion that the landscaping plan and pedestal sign be submitted to the arclutectural review board for approval before the proposal goes to bzd. The motion was secouded by R Koeth, and unanimously approved. Prior to the next request, plauuing- commission went into executive session with the Assistant Law Director Dubelko to discuss peudiug litigation. Chairman Tallon recouvened the meeting. 2) Richard Moran, 4650 Dover Center Road. Request conditional use permit to use an existing dwelling, in a residential district, as a adult care groug home. Heard by planniug commission 1/14/97; Heard by board of zoning appeals 2/13/97. Returned to planning commission at the direction of the Law Department. Chairmau Tallon asked Mr. Moran or his representative to step forward. Mr. Kramer, attorney and director of the Housing Advocates, who advised that he represented the Moran's in the matter of having their house become an adult care facility. He explained that the United States Congress passed the Federal Fair Housing Amendments in 1988 in order to allow people with disabilities to live in community residences like this one, rather than in institutions. He advised that restrictions on the number of adult care facilities and group homes that had been reasonable prior to the 1988 amendments are now presumed to be unreasonable. The nature of the family has changed and Congress has seen fit to pass this statute, there is also recognition by the United States Supreme Court in the case of Clanebourne versus Clanebourne Living Center that provides as a national policy that housing for the disabled is to be mainstreamed. The idea behind tumiug this home into an adult care facility is to offer as a normal living environment as possible. These people cannot be distinguished from any other single family people in the city. Accord.ing to this principle, people with severe disabilities, whose families cannot provide the support they need, should be able to live in the community of their choice, in as normal a way that they can. This offer by Mr. Moran will provide opportunities for such community living for up to sixteen people so they can achieve as much of their full potential as human beings as possible. There is a real issue as to whether a conditional use permit, is even necessary, but they are willing to come before the board to provide information about it. This is not a nursing home or an institution and no support services are being planned which would require the conditional use permit that the board is being asked to consider. There will be no medical, dental, etc. services provided and these people will be living in a home as family members. The legislative history behind these amendments talk about the need of this law and they provide that these new subsections will also apply 2