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ZONING AND ANNEXATION COMMITTEE <br />MARCH 12, 2012 <br />Committee Members Present: <br />Oliver Davis, Dr. Fred Ferlic, Dr. David Varner, Gavin Ferlic <br />Citizen Member: Vacant <br />Other Council Present: <br />Tim Scott, Henry Davis, Valerie Schey, Derek Dieter, Karen White <br />Others Present: <br />Gary Gilot, Mark Neal, LaShone Gurrola, Carrie Pandertitist, Harry Shaffer, Warren <br />Diltz, Mark Wieczorek, Steve Studer, James Lee, Bruce Huntington, Tom McFarland <br />Agenda: Bill No. 12 -10 — Special Exception 1434 Garland Circle <br />Zoning and Annexation Committee Chairperson Oliver Davis opened the meeting at 3:54 <br />p.m. noting both full committee and all other Council Members in attendance. <br />He called upon Assistant Building Administrator Mark Lyons to present the results of the <br />BZA hearing that dealt with the special exception petition for 1434 Garland Circle. Mark <br />reported that the request was forwarded to the Council with no recommendation. He <br />added that at the BZA hearing two people spoke for the request and 3 spoke against. He <br />further stated at the BZA hearing there was some confusion as to whether this was a <br />business operating at 1434 Garland Circle or not. <br />Before hearing from the petitioner, Chairperson Oliver Davis asked Mr. Lyons to have <br />the BZA provide the Council with the rationale behind a "no recommendation" in the <br />future. <br />Mr. Davis then asked the petitioner Mrs. LaShon Gurrola to make her presentation. Mrs. <br />Gurrola said she was the owner of 1434 Garland Circle, was a Registered Nurse, and had <br />been certified in Indiana since 2010 to provide adult foster care. At this address she <br />could provide foster care for four adults. While she did not reside at 1434, a family <br />member did. Mrs. Garrola said she acquired the property when it was vacant but since <br />had corrected all outstanding Code Enforcement citations and has also added a disability <br />ramp for ingress and egress. All receipts for work done could be provided. Mrs. Gurolla <br />addressed the issue of operating a business in a SF -1 zone, maintaining hers was not a <br />business, only a foster -care sub - contractee working with Indiana Mentor, a for -profit <br />business licensed in Indiana eligible for Medicaid reimbursement for, in this case adult <br />foster care. She maintained it was not a nursing home nor did folks under her care need <br />nursing home services. Health care providers did not make calls at 1434. She said 1434 <br />