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Board of Zoning Appeals — October 18, 2007 <br />MS. WILDER - HAMILTON: I was just asking what are the rules for a day care home? Would it be like for <br />children? What do we...? <br />MR. HOFFMAN: I guess the first question is this is not going to be a day care type facility but a 24 hour live <br />111? <br />MR. KLM: Not where people come in and out and go. It's where someone will come in and stay there for a <br />prolonged period of time for how long their family wants. <br />MR. FOZO: In the state building codes it address the assisted living homes and if it is five or less people it is <br />considered a single family residence as far as the building codes so -it only has to meet the residential code. <br />And of course for the zoning that is why they are coming in for a Special Exception. <br />IN FAVOR <br />There was no one present to speak in favor of this petition. <br />REMONSTRANCE <br />MR. SIEGMUND BEIMFOHR: I live at 1216 Victory which is four houses to the north of this. I guess I <br />don't fully understand exactly what this is suppose to be except as a commercial endeavor I oppose to <br />allowing a zoning change. We have enough problems in this city with the deterioration of neighborhoods <br />because we constantly chip away at their character. This is a single family residential area and I guess I don't <br />understand the purpose of having zoning in the first place if we constantly issue exceptions and variances to <br />do commercial like activities inside the zoning. We have enough chipping away at the fringes without coming <br />inside an area and malting exceptions. I just don't think that in a single family area there should be any <br />exceptions or anything but what it is intended for and that's single family homes. Thank you. <br />MR. HOFFMAN: Area Plan do you have anything to add? <br />MR. LYONS: No nothing beyond our recommendations. <br />MR. FOZO: Just a corninent on Special Exceptions. Every zoning districts in the City of South Bend has it's <br />permitted uses and then it's Special Exceptions. So that is why this Board and Council is here so that they can <br />hear them and review them on an individual basis. And there is not a zoning district in the City of South Bend <br />that does not have Special Exceptions within that zoning ordinance. So this is a method for those to be <br />reviewed separately from what is a permitted use in those districts. <br />REBUTTAL: <br />MR. KIAI: I would like to assure him that we aren't going to put a bold thing. Anyone passing by and see <br />anything that would suggest that this a business or anything. This is going to retain that family oriented look <br />to it. Unless you see a car there and we have a garage big enough for two cars in there so you're not going to <br />be seeing a van or anything like that. So it's going to retain a normal look. <br />MR. HOFFMAN: Are you going to be the caregivers? <br />MR. KIAI: Yes we will be the caregivers. Maybe one or two people overnight to be with those people in the <br />house. If we have two people then we will have one person that will be there so we will be having at least <br />three people in the house. <br />5 <br />