04/08/1997 Minutes - Laserfiche WebLink

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C- • might visit. She maintained that these people would make good neighbors. Mr. S. Osieski, Manager of Public Relations for the Cuyahoga County Community Health Board, who was present for another issue on the agenda, advised that the mission of this board was to provide safe and adequate housing and that does include developing group homes in the suburbs. Mr. Koeth asked if the commission had to be concerned with ADA regulations as far as allowing these people to get around the home., Mr. Osieski was uot familiar with this aspect. Mr. Kramer responded that, as part of the licensing process, the ffinitation has been put in that people who have physical ambulatory means and are not physically challenged. As far as structural requirements, this would be up to the State licensing provisions and Mr. Morau will have to meet these provisions, and the State would have to do a second inspection because the North Olmsted Fire Department has failed to provide the proper type of inspection. Miss Scott, an associate of Mr. Kramer's, concluded their presentation by stating that the case of Smith and Lee, Associates versus the City of Taylor, that tlus was in the sixth circuit which is the same federal circuit wluch controls the State of Oluo. The court had found that evidence had established that a six person occupaucy limit on a for profit adult facility centers serving the elderly or disabled, guarantees a negligible or negative rate of retuni for investors. This weighed heavily on the court's decision and is part of the reason Mr. Moran presented the business proformas to show the kind of money he would make with the differing number of residents. He started with five and went up to sixteen since the statue defiues an adult family home which contains three to five persons and an adult group home containing six to sixteen people. She read the definitions of a family and a group home as stated in the North Ohnsted Zoning Code and concluded that these definitions were appropriate to this case, and based on the code it was not the intent to place these homes in a commercial district. Mr. Tallon asked if the court suggested a number of residents. Mr. Kramer stated that in this case it was decided that six resideuts were not sugicient and ruled that nine would be sufficient. Mr. Powell, a resident, asked what precautions are in place to insure that the dangerous 2% do not live at the house. Ms. Gill responded that the dangerous residents would go through the court system and be housed in the Western Reserve Psycluatric Hospital. Regarding the Richard Moran proposa14650 Dover Center Road for a conditional use permit to use an existing dwelling, in a residential distiict, as an adult care group home, Mr. Tallon stated that the request at this meeting was for 16 residents, the request at the last meeting was for nine people, and although the breakdown of cost was very impressive, the commission feels that since two months ago nine residents were enough, the commission thinks tonight, that nine are enough. Therefore R. Tallon moved to approve the conditional use permit for the use of the residential dwelling as an adult care group home with nine residents. The motion was seconded by A. Manning and unaniinously approved. After the motion, Mrs. Dingess, speaking from the floor, stated that Mr. Moran first asked for a senior . citizens home, the second meeting he said it was an adult group home, today he is saying it is for the mentally ill, what is it going to be. Mr. Tallon stated that whatever the State law allows to be in the group home will be in the group home: it could be mentally retarded; it could be handicapped; it could be handicapped mentally retarded, ambulatory. Mr. Dingess asked who would be responsible for these people, and he was advised that the State of Ohio or Mr. Moran would be responsible, since it was his business. Mr. Dingess objected to it being a business, stating that this would split the one family district, into a business neighborhood. Mr. Tallon tried to explain what the Law Department had said, but Mr. Dingess would not listen, he stated that the commission was supposed to be looking out for them, he would not listen to the explanations. He stated that when he got his taxes raised he would come looking for some ofthese people. . 3) Sunnyside Toyota, 26980 Lorain Road 5