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BOARD OF ZONING APPEALS JUNE 11, 1980 PAGE 5 Chairman Ledvina called only the West Haven representatives before the Board. The oath was administered. Robert Archer and Franklin Hickman explained that this home would house 8 young, mentally retarded adults` of one sex who are capable of taking care of themselves. They will either be employed or attending a workshop. The facility will be staf- fed 24 hours a day. According to Mr. Archer, these people will be a family unit. This particular home was chosen because of its large size, its location, and because it is in livable condition and will meet the state's standards without renovation. All the residents of this home will be from the west shore area, but not limited to North Olmsted residents. There are two other such homes in the greater Cleveland area, one in Garfield Heights, and one in South Euclid. To clarify the agenda Chairman Ledvina explained that the appellant is applying first for a ruling that such a home is a permitted use in a single family district, and secondly, if this is determined not to be the case9 they are then requesting a variance from the Ordinance to pernu.t this use in a single family districto The neighbors and other interested parties were asked to express their opinions. (Each was administered the oath before speaking. ) It was stated that according to Webster's dictionary such a group would be considered a family. also, that since these people have a common bond and live and work to- gether and have no other family, they consider one another their family. Some of these mentally retarded people who were formerly institu tion- alized and are now living in a group home are progressing rapidily in such a family enviornment. Those opposed to the home in a single family area feel that such a group cannot be considered a family as defined by the Ordinance. Also, since there is no "head"of the house- hold and since this "family" is partially supported by the State, it is not a family in the true sense of the word. It was also stated _ that this is basically a real estate transaction and since this home would be permitted in the general retail business area or in the multi-family district, it should be located there. It was also con- tended that if a variance is granted that this would lead to spot rezoning .pf other residential properties, and if this group could be considered a family, other groups of Lm related people would have to be considered as a family. It was also stated that this particular location was not really, large enough, p rivate enough, or safe enough for a"special family". Law Director M. Gareau stated that the Code did allow a boarding house with a limit of 2 people in a single family district but the Code does not address itself to any other similar situation as a permitted use. Mr. Hickman, Attorney for West Haven, stated that the courts have determined that such a group home can be considered a family. Mr. Gareau state that he was unable to verify the cases since they are tm reported cases in other juris dictions. D. Ledvina explained that this use is not commercial nor can it be con- sidered multi-family. Mr. Remmel asked for a poll of the residents, Chairman Ledvina considered this to be out of order since this has not been done on any cases previously. Mr. Remmel stated that he thinks that it should be done. Chairman Ledvina ruled that a poll of the audience was out of order. He then requested a vote from the members of the Board if they were in favor of over-riding his ruling.