HomeMy WebLinkAbout03-12-12 Zoning & Annexation CommitteeZONING AND ANNEXATION COMMITTEE
MARCH 12, 2012
Committee Members Present:
Oliver Davis, Dr. Fred Ferlic, Dr. David Varner, Gavin Ferlic
Citizen Member: Vacant
Other Council Present:
Tim Scott, Henry Davis, Valerie Schey, Derek Dieter, Karen White
Others Present:
Gary Gilot, Mark Neal, LaShone Gurrola, Carrie Pandertitist, Harry Shaffer, Warren
Diltz, Mark Wieczorek, Steve Studer, James Lee, Bruce Huntington, Tom McFarland
Agenda: Bill No. 12 -10 — Special Exception 1434 Garland Circle
Zoning and Annexation Committee Chairperson Oliver Davis opened the meeting at 3:54
p.m. noting both full committee and all other Council Members in attendance.
He called upon Assistant Building Administrator Mark Lyons to present the results of the
BZA hearing that dealt with the special exception petition for 1434 Garland Circle. Mark
reported that the request was forwarded to the Council with no recommendation. He
added that at the BZA hearing two people spoke for the request and 3 spoke against. He
further stated at the BZA hearing there was some confusion as to whether this was a
business operating at 1434 Garland Circle or not.
Before hearing from the petitioner, Chairperson Oliver Davis asked Mr. Lyons to have
the BZA provide the Council with the rationale behind a "no recommendation" in the
future.
Mr. Davis then asked the petitioner Mrs. LaShon Gurrola to make her presentation. Mrs.
Gurrola said she was the owner of 1434 Garland Circle, was a Registered Nurse, and had
been certified in Indiana since 2010 to provide adult foster care. At this address she
could provide foster care for four adults. While she did not reside at 1434, a family
member did. Mrs. Garrola said she acquired the property when it was vacant but since
had corrected all outstanding Code Enforcement citations and has also added a disability
ramp for ingress and egress. All receipts for work done could be provided. Mrs. Gurolla
addressed the issue of operating a business in a SF -1 zone, maintaining hers was not a
business, only a foster -care sub - contractee working with Indiana Mentor, a for -profit
business licensed in Indiana eligible for Medicaid reimbursement for, in this case adult
foster care. She maintained it was not a nursing home nor did folks under her care need
nursing home services. Health care providers did not make calls at 1434. She said 1434
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.
There being no further business to come before the Committee at this time, Chairperson
Oliver Davis adjourned the meeting at 5:03 p.m.
& Annexation Committee