04/15/1997 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 4/15/97 4) Cablevision has submitted a proposal for an extension of a lease for the Rec Center. The Law Director will prepare a lease for presentation to Council because Cablevision is exercising their option to renew and requesting a one year extension and other options. These changes require additional approval by City Council 5) Since filing two lawsuits against residents who had not disconnected downspouts from the sanitary sewer system, one of the residents has complied. The one lawsuit is still pending. Mr. Musial, Chairperson of the Building, Zoning and Development Committee: 1) The committee met on April 14. Present were committee members Nashar, McKay and Musial; Council Members Limpert and O'Grady; Assistant Law Director Dubelko; Assistant Engineer McDermott; Building Commissioner Conway. Before discussion of the agenda items, the Council members present had a brief executive session with Assistant Law Director Dubelko to familiarize the Council members with the facts surrounding the request of Mr. Moran regarding a group home to be located at 4650 Dover Center Road. The agenda items discussed were as follows: a. Request of Richard Moran, 4650 Dover Center Road, for a conditional use permit to an existing building in a residential district as an adult care group home. The request was heard by Planning Commission on January 14, 1997, Board of Zoning Appeals on February 13, 1997 and again at the Planning Commission on Apri18, 1997. Lisa Scott, an attorney with Housing Advocates, was in attendance at the BZD Committee meeting primarily in an observatory capacity. It was stated that the U. S. Congress passed federal fair housing amendments in 1988 in order to allow people with disabilities to live in community residences rather than institutions. The idea is to offer normal living as much as possible. It is presumed that a conditional use permit is required. Mr. Dubelko has advised than an adult care facility is not permitted as a matter of right in a single family zoning, which is where the Moran home is located. Under state law, these types of facilities must be permitted in a single family district if they have no more than five (5) residents and must be permitted in a multifamily zoned district if there are six (6) to sixteen (16) residents. Mr. Moran had come in with his request at nine (9) residents previously; and, at the most recent Planning Commission meeting, came in with a request of sixteen (16) residents. Both of these requests exceed the maximum number under state law of five (5) in a single family zoned district. However, at least one case has been decided under the Federal Fair Housing Amendment of 1988 which indicates that municipalities must make reasonable accommodations for the handicapped to allow them to live in single family residence neighborhoods if demonstration is made of the necessity for such accommodation. The Planning Commission considered Mr. Moran's breakdown of cost in that he deems it necessary to have a minimum of 14 residents to turn a profit. The profit with fourteen (14) residents would be $1,024 per month and $3,167 per month with sixteen (16) residents. It was pointed out that the goal of the city is not necessarily to put Mr. Moran in business, but to ensure these types of adult care facilities can exist and thrive in single family districts in North Olmsted. It is to be noted that there is no empirical data as to the real costs of operating Moran house as an adult care facility. The Plaruung Commission is of the opinion that nine (9) residents was appropriate two 2