12/10/07 Zoning and Annexation Committee

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Zoning and Annexation Committee Meeting Minutes of December 10, 2007 Page 2 Following discussion, Council Member Pfeifer made a motion, seconded by Dr. Varner that Bill No. 70-07 be recommended favorably to Council. The motion passed, Bill No. 07-134: Board of Zoning Appeals Petition for 1126 Victory Drive: Council Member Kirsits called for a report from the Board of Zoning Appeals, noting that this item was continued from the last Council meeting (copy attached) Charles Bulot, Acting Building Commissioner reported that the Board of Zoning Appeals held a public hearing on October 18, 2007 on the request of Pauline Kieme and Stephen Kiai who are seeking a special exception to allow an assisted living home in a "SF1" District at the property commonly known as 1126 Victory Avenue. The Board of Zoning Appeals sends this Bill to the Common Council with a favorable recommendation. Mr. Bulot noted that he faxed a letter to the Office of the City Clerk noting that assisted living requests are reviewed on a case-by-case basis; that licensing is only required when there are ten (10) or more residents; that building standards must be met if there are five (5) or more individuals; and that the request is for 1-3 individuals who would have 1-2 care givers. Council Member Kirsits suggested that the house have ahard-wired smoke alarm system installed so that there would not be a tragedy. Stephen Kiai and Pauline Kieme the petitioners made the formal presentation on the request. He noted that the residents will be mobile and not completely disabled. There will be a total of three (3) residents since they only have three (3) beds. He stated that there would be a caregiver present on a 24/7 basis. Council Member Puzzello suggested that all residents receiving care must be 55 years of age, to which the Petitioners agreed. In response to questions raised by Council Member Puzzello, Mr. Bulot noted that smoke alarm enforcement would be required every six (6) months if there are five or more residents, with handrails, etc being required. The Petitioners noted that they are very aware of safety requirements, with Mr. Kiai noting that he is a registered nurse. The Council Attorney recommended that Section IV of the Bill be amended by adding the following: ", and further conditioned upon: 1. That there will be a hard-wired smoke alarm system with a battery backup installed at the location; and 2. That all persons receiving care at this location will be 55 years of age or older with no more than three (3) persons being card for at one time".