04/15/1997 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/15/97 months ago and still is. Therefore, the Planning Commission approved the conditional use x permit for the use of a residential dwelling at 4650 Dover Center road as an adult care group home with nine (9) residents. It is to be noted that the applicant is asking for a number of residents which is more than is permitted by state law, but which is being approved by the city. Further, if under the circumstances, applicant cannot make it with nine (9) residents, applicant does have an opportunity to come back with empirical evidence which justifies more than nine (9) residents. The BZD Committee considered all of the discussion, legal aspects and unanimously concurred with the recommendation of the Planning Commission. Mr. Musial moved that the conditional use permit for the use of a residential dwelling at 4650 Dover Center Road as an adult care group home with nine (9) residents be approved and subject to applicant acquiring all necessary government licenses and permits in order to provide for the safety and welfare of the residents. The motion was seconded by Mr. McKay. Roll call: Musial, yes; McKay, yes; Lind, yes; Nashar, yes; O'Crrady, yes; Limpert, no, with explanation. "I, more than most people, respect and appreciate the need for this form of housing. This form of housing falls into two categories: family home, as Mr. Musial said, for up to 5 people; group home for a number more than that. It has been stated since the inception of the addition of this structure that it was to be a home for their family, or was it said a family home. State law says that a family home can exist in a single family residential neighborhood. A group home must be allowed to exist in a multifamily, in an area zoned multifamily. Federal law mandates a municipality must make reasonable accommodation for a group home. The structure is now large enough for a group home. If the home was the site of a successful family home, I believe it would be a reasonable accommodation to allow a group home. However, with no experience of a family home on the part of the neighborhood and, to my understanding, no personal experience of the owners of running a family home, I do not believe it is, allowing a group home in this single family neighborhood is a reasonable accommodation at this time. Thank you very much." Roll call continued: Saringer, yes. The motion passed with 6 affirmative votes and one negative vote. 2) Twin Lakes Estates, a proposal to construct a single family cluster development on property located between Lorain Road and Bradley Road, west of the Timber Trails subdivision. Rezoning would be required for this project. Alex Kanareff, Ted Varga, Les West and Mark Szyna were present. After extensive discussion, the developers pulled the proposal from further consideration by the BZD Committee. 3) All Tune & Lube, 5242 Porter Road, request for a conditional use permit to operate an auto repair business. Resident David Hoelter was in attendance. The committee addressed the concerns of the residents while remaining sensitive to the business person who is trying to operate a profitable business. One concern that was raised was that the outside concrete pad be fitted with a dam to trap any oil leakage; however, it was noted that oil leakage is prevented by a double wall containment tank. The Planning Commission approved the request. Mr. Musial moved for approval with the following recommendations: a. The waste oil tank. The containment of the oil will be a double wall closed system tank which will be located outside of the building on a concrete pad screened with a 6 foot high board on board fence. 3 6