03-12-12 Zoning & Annexation Committee

Home Browse Search

was not a boarding house. Mrs. Gurrola felt the zoning codes were difficult to interpret as to what was considered a "family" and what was allowed in SF -1 in St. Joe Co. Carrie Poudertitist, the manager of the Northern Indiana region for Indiana Mentor spoke next in support of Mrs. Gurrola's petition for the special exception. She spoke generally of her employers sub - contracting arrangement with providers seeing that they meet all state standards for health and safety. Allowing questions from his Committee, Mr. Davis recognized Dr. Varner who stated the operation at 1434 violates the zoning code for SF -1. It has been operating illegally at this address and was now asking for a special exception after the fact to legitimize an illegal operation. He also reminded the Council that special exceptions run with the land not the owner, therefore opening the door to potential problems in the future. Finally he cautioned this was precedent setting in a bad way if allowed. Henry Davis spoke to a perceived inconsistency of enforcement of uses across the city which further complicates the issue before the Council. Chairperson Oliver Davis opened the hearing to public comment. Two people spoke in favor. Tom McFarland, an electrician, said to put Mrs. Gurrola out of business would send the wrong message to developers wanting to grow their business here. Mark Wieczorek, a patient at 1434, spoke to the high quality of care he receives at 1434. Three people spoke opposed to the petition. Two were nearby residents who claim the use violates SF -1 zoning. Another, Mr. Studer, an attorney representing a group of nearby homeowners, provided a handout (attached) intended to add to the argument that Mrs. Gurrola was operating a business, therefore, in violation of the SF -1 zoning. Chairperson Oliver Davis allowed for rebuttal during which time, Mrs. Gurrola restated her compliance with the prescriptions of the zoning codes. Finally, David Varner motioned the bill be sent to Council with an unfavorable recommendation. Gavin Ferlic seconded and the Committee agreed. Under miscellaneous Bruce Huntington an attorney representing Prairie View Apartments presented the Council a petition asking them to persuade the TRANSPO Board to extend bus service to the apartments. James Lee who lives at the apartments said public transportation service here was vital.