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Special Exception - 1425 Clayton Drive
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Special Exception - 1425 Clayton Drive
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Last modified
10/11/2007 4:16:00 PM
Creation date
10/11/2007 4:15:58 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
7/23/2007
Ord-Res Number
3766-07
Bill Number
07-87
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Board of Zoning Appeals - .tune 21, 2007 <br />the process of having the zoning clarified and then Chiara Home will purchase it from Mr. Nufer. That's why <br />he's cun•ently the owner.. The Building Commissioner suggested that Chiara Home falls under the <br />classif cation as a Special Exception as a group home. Chiara Home is not a group home as such. As that <br />term is used in the South Bend Zoning Code. There is only one permanent resident and that is Sister Gretchen <br />Clark who is the founder of the Chiara Home and who is the primary care giver. There are guests of Chiara <br />Home that occasionally spend the night or weekend. Typically there are not more than 8 guests at Chiara <br />Home at any given time and typically they are not overnight guests. But there on occasion guests for an <br />overnight stay or for a weekend which requires us to be here for a Special Exception. I would suggest the <br />Chiara Home is more like a day care that falls within an allowed use under the zoning code and does not <br />require a Special Exception. A~day care in which the primary care giver lives within the facility. We have <br />heard from one property owner who lives nearby who spoke with Brenda and had a member of questions and <br />we understand he sent you a letter indicating that after he talked to her that he welcomes us with open arms. <br />We have heard no other objections. This will be a great thing for Chiara Home. It certainly doesn't create any <br />adverse affect. Our understanding is that this property had been for a number of years used as a group home <br />as such with residents there, developmentally disabled residents there. Also our understanding is that this <br />property has been vacant for about two years. It is unique in that the batlu•ooms are designed to be used by <br />persons with disabilities. There is a handicap access ramp from the garage into the house and there is also a <br />handicap ramp into the front door of the house. The hallways and doorways were built extra wide to <br />accommodate people in wheelchairs. There are two first floor emergency exits. There is an interior fire <br />sprinkler system . This house really couldn't be used as a private resident without a substantial renovation. It <br />is on the other hand just what Chiara Home needs and wants and we would like your recommendation to the <br />City Council favorably that this be approved as a Special Exception. And if there are any questions, we'll try <br />and answer them. <br />IN FAVOR <br />There was no one present to speak in favor of this petition. <br />MR. HOBAN: I have the letter here from Leone Halpin and signed by his counsel, Stanley Wnible and it <br />states that he is in favor of the special petition. <br />REMONSTRANCE <br />There was no one present to speak in remonstrance of this petition. <br />MR. HOBAN: Area Plan recommends that we send this to the council with a Favorable Recommendation. <br />A motion to send the Special Exception to the Common Council with a Favorable Recommendation was <br />made by Mr. Kilbase and seconded by Ms. Wilder-Hamilton. The motion carried unanimously. <br />After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the <br />Standards as set forth in LC. 36-7-4-918.5; therefore, the petition was sent to the Common Council <br />with a Favorable Recommendation. <br />
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