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NEMETH, PEENEY ~ MASTERS, P.C. <br />ATTORNEYS AT LAW <br />JAMES A. MASTERS <br />VINCENT M. CAMPITI <br />OF COUNSEL: <br />REINHOLD SCHROEDER <br />also admitted in Michigan <br />PETERS. NEMETH <br />The Common Council of <br />the City of South Bend <br />4`h Floor, County-City Building <br />South Bend, IN 46601 <br />CHASE TOWER, SUITE 1SOO <br />211 WEST WASHINGTON STREET <br />SOUTH BEND, INDIANA 46601 <br />TELEPHONE: (574) 234-0121 <br />(574) 233-9449 <br />TELEFAX: (574) 234-3141 <br />www.nfmlaw com <br />RE: <br />Dear Members of the Common Council: <br />May 30, 2007 <br />NEW CARLISLE OFFICE: <br />115 EAST MICfi1CAN STREET <br />NEW CARLISLE, INDIANA 46552 <br />TELEPHONE: (574) 654-3722 <br />PETER F. NEMETH (1915-1995) <br />F. GERARD PEENEY (1918-2004) <br />DEVERE D. GOHEEN (7912-2000) <br />Petition of Chiara Home, Inc. and David Nufer <br />For Special Exception for 1425 Clayton Drive <br />This letter is addressed to you on behalf of the Petitioner, Chiara Home, Inc., and the <br />property owner, David Nufer, to request approval of the property at 1425 Clayton Drive, South <br />Bend, Indiana 46614 as a Special Exception in an SF-1 Single Family Residence District to use <br />the property as a residential care facility. <br />Chiara Home, Inc. provides out-of--home respite care services to families caring for an <br />individual with a developmental disability or other special need. Chiara Home was founded in <br />September, 1993 and since that time has been located 1105 W. Jefferson Boulevard, South Bend, <br />Indiana. Chiara Home provides care for persons of all ages, from infants to seniors. Respite care <br />is available at Chiara Home on a daily basis, or overnight, or for a weekend stay. <br />Chiara Home is not a "group home"as that term is used in the South Bend Zoning Code. <br />The only permanent resident of Chiara Home is Sr. Gretchen Clark, one of the founders of Chiara <br />Home. Guests of Chiara Home may, on occasion, stay at Chiara Home overnight or for a <br />weekend. The Building Commissioner has taken the position that Chiara Home falls within the <br />category of a "residential facility" under Zoning Code Section 21.02.01(a)(2)(F) and the <br />definition of "Group Residence" found in Section 21-11-02. Consequently, Chiara Home <br />petitions for approval as a Special Exception to use the property as a residential care facility in an <br />SF-1 Single Family Residence District. <br />