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BOard Of ZOnlllg Ap})eats - Jantlal'y 18, 2007 <br />categories a11C1 1 thlnlC WC all knout Wh~lt We're tallcing about. We're clearly not in that category. This clearly <br />is exactly what we're looking for so Why are you ... <br />MR. HOFFMAN: I think that could be some of it. When you say "group home" and you give him the <br />pel'IIIISSIOn LO have a gl'Ollp hOnle alld he states it will be Notre Dame residents ... <br />MR. SASSANO: Or students. <br />MR. HOFFMAN: Or students, we are going on his word that it will be students. We give it a group home <br />designation, only his word keeps it students. If it were turned over to another owner that would want to bring <br />Ill ...W110 knOwS What. <br />MR. SASSANO: That's not his problem, that's ours. <br />MR. JANKOWSICI: Mr. Hoffman because the petition addresses it as student housing that puts a restriction <br />on it. <br />MR. HOFFMAN: That puts a restriction on it, correct. <br />MR. SASSANO: And if it changes owners does the Special Exception get ...? <br />MR. FOZO: No the Special Exception goes with the property but it would be a Special Exception for the <br />same type of group residence. Four unrelated people, not tinder a program of any sort. <br />MR. SASSANO: So you couldn't bring in a program for four elderly special needs people? <br />MR. JANI{OWSICI: No, they'd have to come bac(< before this Board. <br />MR. HOFFMAN: We're dependant upon him to enforce students? <br />MR. SASSANO: Right, but like any other case if they don't do what they say, there's all kinds of <br />mechanisms. <br />MR. HOBAN: I have a question. There are a lot of places in that neighborhood that are SFl that are rentals <br />and the Way they've gotten around our ordinances is, they built a stairway to the second floor, right? Is that <br />correct? <br />MR. FOZO: No that's totally incorrect. The ones that are student housing are grandfathered in. They have <br />been used for that for a long time and basically prior t0 the change in the zoning ordinance, "B" residential <br />was the zoning in that district. "B" residential allowed boarding houses. So a lot of these were established <br />years ago under boarding housing tinder proper zoning. In the years they have rezoned those properties and <br />the only ones that have been continued to Ue used and we one of the owners that checked each and every <br />property to make sure it is still grandfathered tuldec the previous use. But any neW ones coming, just by <br />putting an outside staircase does not allow them to use it for an apartment. It is still a single family and it can <br />only be used as a single. But we have a lot of that area that is non-conforming and totally legal for shtdet)t <br />housing but is under the grandfather. <br />