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Area Board of Zoning Appeals—February 1, 2012 <br /> MR. URBANSKI: Okay just as this is being passed down, we do have six letters, I would have to say long <br /> letters, in opposition to. We have one from Jeremy and Stacy Noetzel, a Robin Lerhman, Lisa Lerhman, Van <br /> and Jean Gates, Ann Riordan and Don Wisniewski, and the last one against is Ami Zeiger, So we have six in <br /> opposition to. <br /> MR. STEPHEN STUDER: I'm an attorney with the firm of Kreig Devault with office 4101 Edison Lakes <br /> Parkway, Mishawaka, Indiana. I'm here this afternoon representing neighbors who live on the cul-de-sac in <br /> the immediate vicinity including Mr. and Mrs. Gates, Mr. and Mrs. Diltz, Mr. and Mrs. Bycraft, Mrs. <br /> Skillern, Mr. & Mrs. Wisniewski, Ms. Lerhman, Ms. Laverty, and Mr. and Mrs. Hillman. We object to the <br /> proposed use here for the same reason that this very Board rejected unanimously the petition of 2009. This <br /> is the wrong location and in more particular this is the wrong person to be running this business. During her <br /> ownership of this single family home the petitioner has repeatedly misrepresented herself and is continuing <br /> to violate or has continued to violate City ordinances. For example in the 2009 petition the petitioner stated <br /> to the Board that she had filed paperwork with the State of Indiana for a group home. In fact she did not. <br /> This Board unanimously rejected her bid to open a group home and prior to being heard by the City Council <br /> she withdrew that application. She also acknowledged at that time making numerous improvements to the <br /> home of over $100,000 despite the fact there were no building permits. When the petitioner was turned <br /> down in 2009 how did they respond? In April of last year they opened up an assisted living care and until <br /> they were ,sited by the City Code Enforcement, which you have a copy of, they did not apply for a Special <br /> Use permit. Now we've heard testimony that they didn't know they required one, etc. And even if we get <br /> over that issue now it appears that the petitioner has brought two businesses before this Board. When she <br /> bought it in 2006 she testified in 2009 that she bought it as a vacation home, today she says she bought it for <br /> her daughter. It sat vacant from 2006 to 2009 until they filed the petition to be a group home. During that <br /> time in 2007, 2008, there were code violations sited by the City of South Bend. It's interesting to note that <br /> even the staff can't figure whether this is a group home, a group residence or an assisted living care facility. <br /> But what we do know is that contrary to her representations today we do not believe Ms. Gurrola lives at this <br /> home. I provided to you a filing with a Mississippi State, Secretary of State office which indicates that Ms. <br /> Gurrola shows her home, as recent as this last year, as being 835 East Ave., Oak Park, Illinois. She opened <br /> up a business in Mississippi known as Comfort Companion Choice Inc. She also has a filing in the State of <br /> Illinois Secretary of State Office called Comfort Companion Choice Inc. which has an address of 818 <br /> Harrison Street, in Oak Park, Illinois and then that application she also indicated her home with 835 S. East <br /> Ave., in Oak Park. I've also provided you with a copy of the filing, the Secretary of State office in the State <br /> of Illinois. And it shows the president of that company is LaShon Gurrola at 835 S. East Ave., Oak Park, <br /> Illinois. The concern we have, among others obviously, is that Ms. Gurrola represents herself as residing at <br /> this home in in fact she showed another filing with the Secretary of State office in Mississippi and in Illinois <br /> that a primary residence is in Illinois. We also have according to public records that she has a home in <br /> Plainfield, Illinois on which she has a homestead exemption which would indicate that that would be her <br /> primary home in Illinois not the Oak Park home. The petitioner also states that she is gainfully employed. <br /> She says that in her petition. And yet she's suppose to be the primary caregiver. I don't know how you can <br /> be gainfully employed outside the home and be the primary caregiver, It does not make sense to us. These <br /> homes are close together. There's been issues with this home the way it's been maintained since 2006. <br /> There's a reason this Board denied unanimously the petition with an unfavorable recommendation last time <br /> 42 <br />