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REGULAR MEETING DECEMBER 10, 2007 <br />4. The proposed use is compatible with the recommendations of the City of <br />South Bend Comprehensive plan; all of which is requested by the South <br />Bend Municipal Code § 21-09.03 (i). <br />SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk, and further conditioned upon: <br />1. That there will be a hard wired smoke alarm system with a battery back-up installed at <br />the locations, and <br />2. That all persons receiving care at this location be 55 years of age or older with no <br />more than three (3) persons being cared for at any one time. <br />SECTION V. The Resolution shall be in full force and effect from and after its adoption <br />by the Common Council. <br />s/Timothy A. Rouse <br />Member of the Common Council <br />Council Attorney Kathleen Cekanski-Farrand read into the record the amendments as <br />follows: In Section IV strike the period and add a common and further conditioned upon: <br />1. That there will be a hard-wired smoke alarm system with a battery back-up installed at <br />the location; and 2. That all persons receiving care at this location will be 55 years of age <br />or older with no more than three (3) persons being cared for at any one-time. <br />Councilmember White made a motion to amend this resolution. Councilmember Dieter <br />seconded the motion which carried by a voice vote of nine (9) ayes. <br />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and voted to send it to the <br />full Council with a favorable recommendation. <br />Mr. Chuck Bulot, Interim Building Commissioner, 125 S. Lafayette Boulevard, South <br />Bend, Indiana, presented the report from the Board of Zoning Appeals. <br />Mr. Bulot advised that the petitioner is seeking a Special Exception to allow an Assisted <br />Living Home in a "SF 1" District, on property located at 1126 Victory Avenue. Mr. <br />Bulot stated that the Board of Zoning Appeals gave this bill a public hearing on October <br />18, 2007 and sends it to the Common Council with a favorable recommendation. <br />Mr. Stephen Kiai, owner, 5240 Miami, South Bend, Indiana, made the presentation for <br />this bill. <br />Mr. Kiai advised that he along with Ms. Pauline Kieme are seeking a special exception to <br />allow an assisted living home in a "SF 1" District. Mr. Kiai reiterated that there will only <br />be two (2) or three (3) people being cared for at any one-time. He noted that it is not <br />medical based or like a nursing home, it is just going to be a way for a family member <br />who is not able to be left home by themselves to be cared for. Mr. Kiai noted that he <br />does not see any additional traffic or any kind of a structure change doesn't expect any <br />kind of a problem. <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Dieter made a motion to adopt this <br />17 <br />