Welcome to the City of Tempe Board of Adjustment Meeting for October 29th, 2025.

The time is now 6 p.m.

The City of Tempe Board of Adjustment is authorized by the Arizona Revised Statutes and the City of Tempe Zoning Ordinance.

Its function is to grant relief where a literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance variances and to hear appeals of any person or city official aggrieved by the decision of a person responsible for the enforcement of the zoning ordinance, zoning administrator or hearing officer abatements.

The board has the City of Tempe Community Development Staff Summary Reports on the items being considered at this meeting, and will use this report in their deliberations.

Lily Drosos, Andrea Samishka, Mary Foy, Ron Keggy, Sean McCarley, Katie Cross.

And Chair Morrow is absent.

On staff introductions, we have Ryan LeVake, Deputy Director of Community Development.

Eric Anderson from the City Attorney's Office.

I'm Diana Kaminsky, Principal Planner with Community Development.

We have Mons uh Robert Monsole, Senior Planner, Jennifer Daniels, Administrative Assistant, and Jason Wolf with Media.

This evening we have an election.

We had nominations taken during the study session, and we would like to call for a vote for the election of vice chair.

There was one nomination, and it was for board member Foy.

Do I hear uh I guess we do roll call vote?

First and second for that.

No, okay.

So I need a motion and a second.

I make a motion to nominate, I'm sorry, to elect uh Mary Foy is vice chair of the Board of Adjustment.

I'll second.

And then all those in favor.

Aye.

Aye.

Aye.

Aye.

Aye.

Thank you.

Congratulations, Vice Chair Foy.

I will now turn this over to you for the rest of the meeting.

All right.

We have uh for our next item the consideration of minutes from our last meeting in July.

Um, it's my understanding, uh, Diana, that we're gonna have uh presentation at our next meeting regarding um the issues that uh chairman uh yes uh marrow brought up.

Yes, okay.

And it is also my understanding, I believe uh board member uh Lily, you had said that your name was misspelled on the first page.

On the first page.

Page one, board member Drosos.

Yes.

Were there any other corrections to the minutes?

Katie, did you have one?

No.

Okay.

Thank you.

All right.

Uh I motion that we accept with the correction on page one, the minutes from last meeting.

Do I have a second?

Second.

All those in favor say aye.

Aye.

Aye.

Aye.

Board meeting minutes are adopted.

Board meeting board meeting minutes are adopted from July 23rd, 2025 with the correction on page one uh for the spelling of name.

Our next item is a request for an appeal.

Do we have the property owner here?

Okay.

We have a request for an appeal of denial of a reasonable accommodation waiver to exceed the maximum number of residents, no more than five, excluding staff at the Evergreen Place Senior Care Facility located at 2416 South Evergreen Road.

Um presenting for the abellant is Lady Nina Torres.

The floor recognizes you.

Okay.

Sorry.

Thank you.

Okay.

Hi.

Good evening, everybody.

Uh, good evening, Vice Chair, members of the board, and um city staff and everyone present here tonight.

My name is Lady Nina Torres, and I am the owner and administrator of Evergreen Place Senior Care, located at 2416 South Evergreen Road here in Tempe.

Tonight I am respectfully requesting approval for a reasonable accommodation waiver to allow up to 10 residents instead of five.

This request is made in accordance with the Fair Housing Act and the City of Tempe's vision for inclusive age-friendly neighborhoods that provide equal housing opportunity for seniors with disabilities.

Before I share why this accommodation is both necessary and reasonable, I'd like to briefly tell you why this mission matters so deeply to me.

I've been a registered nurse.

Um, sorry, I'm a little nervous.

I've been a registered nurse for almost 20 years, um, caring for patients through some of life's most vulnerable moments.

That calling became personal when I cared for my grandmother in her final years.

I saw firsthand how difficult it can be for families to find safe, high-quality, truly home-like care for their loved ones.

That experience uh was what inspired me to create Evergreen Place in your care.

I envision it to be a warm, dignified home where elderly adults with disabilities can thrive, feel loved, and remain connected to the community.

My nursing background shapes how we operate.

Every resident is treated like family, and every caregiver shares the vision of honoring and uplifting the lives entrusted to our care.

So go ahead with the slides.

Umnified, high quality, compassionate care for elderly adults with disabilities.

Um also promote inclusion, belonging, and meaningful living in the residential setting.

This request aligns with the this purpose aligns with the Fair Housing Act and the City of Tempe's vision for inclusive age-friendly uh neighborhoods that provide equal housing opportunities for all residents.

Uh request summary.

So our original application was submitted in June 6 of this year, and ultimately it was denied August 8, 2025, with the city citing lack of valid justification, and um that it is the applicant's burden to show the nexus between the disability and the reasonable accommodation request.

This appeal demonstrates the clear nexus between residents' disabilities and the need for a 10-resident model to ensure safe, affordable, and inclusive care under the FHA.

As mentioned earlier, evergreen place is designed to serve elderly individuals with disabilities as defined by the Fair Housing Act and the Americans with Disabilities Act.

Our residents have Alzheimer's disease, dementia, Parkinson's disease, uh post-stroke conditions, and other cognitive and mobility impairments.

All the senior residents will need assistance with their activities of daily living or ADLs.

Why the waiver is necessary?

Um the requested accommodation to serve up to 10 residents directly ties to the disability-related needs of our residents and is essential because it will enable us to provide therapeutic community.

That means social engagement, group therapy, memory care activities, and communal dining, all which research shows reduces depression, isolation, loneliness, and memory decline.

Also it enables us to properly staff our facility, which is critical in providing supervision for fall prevention, medication administration, ADL assistance, and timely response to emergencies.

We will be providing 24-7 coverage with staffing being at least two for day shift and one for night shift.

This ensures safety and affordability for the senior residents.

Also, it promotes continuity of care and housing stability.

The residents are able to age in place and they don't go under uh they don't undergo trauma of relocation and thus preserving the therapeutic benefit of continuity of care.

Also, we are able to provide medical risk management and specialized services, which include on-site medical services such as wound care, physical therapy, music therapy, um, and other services of the like, and also at the same time being able to provide multiple trained staff for emergency readiness.

Lastly, um it avoids institutional settings for our residents.

Research shows that community-based family-like settings provide better outcomes for seniors rather than larger institutional facilities.

A group of 10 still maintains the warmth, intimacy, and individualized attention of a home setting.

So this nexus between the residents' disabilities and the requested occupancy level is both direct and essential.

The 10 resident capacity not only supports their health and social needs, but also fulfills the legal responsibility to provide equitable housing opportunities consistent with the federal housing protections.

Our legal and equity basis.

Denying this accommodation restrict housing choice for a protected class in violation of FHA section 804 F3B, which states that a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling unit constitutes unlawful discrimination.

It also undermines ADA Title II obligations requiring cities to make reasonable modifications to avoid discrimination.

This request also complies with Tempe's ordinance under the City of Tempe Zoning and Development Code, ZD ZDC, Section 3-409D.

It states that to grant a reasonable accommodation waiver, the zoning administrator shall find affirmatively all of the following items.

And I wanted to discuss per each item how we how we meet the code.

So the first item states that the requesting party or future occupants of the housing for which the reasonable accommodation has been made are protected under the Fair Housing Act and/or the Americans with Disabilities Act.

We have already established earlier that our residents are elderly individuals with disabilities that are protected by FHA and ADA.

Number two, the request is reasonable and necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling.

Increasing capacity ensures access to care, affordability, and program viability.

Number three, the requests will be in compliance with all applicable building and fire codes.

So we are committed to our four occupancy upgrades and full fire or full fire and life safety compliance, such as the installation of NFPA sprinklers, alarm and monitoring systems, emergency egress, etc.

Number four, the request will allow for the maintenance and preservation of the residential characteristics of the neighborhood and will not create a substantial detriment to neighboring properties by creating traffic impacts, parking impacts, impacts on water or sewer system or other similar adverse impacts.

The home will retain residential character and operations for the for these types of facilities are quiet and peaceful.

The property is well kept, and there is no increase in noisons traffic.

Number five, profit of profitability or financial hardship of the owner or service provider of a facility shall not be considered by the zoning administrator in determining to grant a reasonable accommodation waiver.

This request is based on fair housing access and not financial hardship.

In most Arizona cities, including Phoenix, Mesa, and Scottsdale, they already permit up to 10 residents in comparable zoning districts.

This request is also consistent with Tempe's prior actions, which TAMPE has already approved, 10 resident capacities for multiple residential living homes, as shown in exhibit C.

Also, TAMPI approved numerous reasonable accommodation requests for properties with identical zoning, lot sizes, and neighborhood characteristics.

It has an open layout with wide doors and hallways and bedrooms that meets ADHS requirements.

There are two full ADA accessible bathrooms with grab bars and non-slip flooring, and it meets ADHS bathroom ratio requirements of one bathroom to eight residents.

And residents are assisted with all their ADLs.

Two caregivers per day shift bus and overnight awake staff coverage is provided, and all caregivers are certified, trained, and experienced in dementia and mobility support, medication assistance and emergency response.

24 hour supervision ensures immediate assistance and resident safety.

Also, we provide personalized and resident-centered care plans.

Parking and neighborhood impact.

Our residents do not drive or own vehicles, and there is a maximum of two staff vehicles on site at any given time.

Caregivers rotate shifts.

So the staff evaluation and recommendation states that Evergreen Place claim that a smaller model of five residents significantly increases cost per resident and limits the ability to provide care in an affordable integrated home environment.

Without providing cost per resident information, staff is unable to determine if this is a valid statement.

Do not decrease proportionally when resident numbers are reduced.

In fact, all of these costs, fixed costs must be distributed among fewer residents, which dramatically raises the per resident expense and forces operators to either reduce staffing ratios or increase resident rates, both of which negatively impact affordability for the residents and the integration within the community.

Also, the staff evaluation and recommendation observed that residents of bedrooms four, five, and six will have to walk across the house to access bathroom number one.

And concluded that I quote this does not appear to meet the needs of the residents.

So currently there are no specific distance or proximity requirements that exist under Tempe zoning building or state licensing codes.

ADHS standard requires one toilet and sink per eight residents and one bathing facility per eight residents.

Evergreen place provides two full bathrooms for 10 residents, which exceeds ADHS standards for assisted living homes.

Also, all the residents are assisted for their ADLs, including toileting.

And we also use adaptive toileting equipment such as bedside commodes, urinals, and mobility aids as needed.

Scheduled toileting is also implemented and is typically scheduled every two to four hours around meals and at bedtime.

Scheduled toileting and supervision minimize risk, especially for residents with mobility limitations or cognitive impairments who may not recognize or communicate their need to use the restroom.

Wheelchair users, memory care residents, and all residents are never left to navigate alone.

So direct line of sight distance is not the safety factor.

Caregiver proximity and supervision is.

Okay.

And if approved for the 10 residents, do you have the financial backing to get the fire sprinkler system and everything in place?

Yes.

So we did already have plans for that, and the cost will be shouldered by us.

Okay.

I did see that there was a letter of support in there from a Dr.

I did see that there was a letter of support in there from a doctor Giuseppe.

Yes.

What's your relationship with the doctor?

Um Giuseppe is my brother.

Okay, I just noticed the last name and was curious.

Yes.

I also have another letter of support from Sherelle Belcher.

She is an administrator of an assisted living facility as well.

Okay.

Um just a second.

So being that your residents require daily assisted living help.

How does moving from five to 10 address their issues and their disabilities properly?

Yes, so um having 10 residents would be uh it would provide us with um we would be able to staff properly and get more help.

And also um uh as I mentioned earlier, it it uh provides us it um I'm sorry.

You're good.

Okay.

Um it will allow us to provide uh therapeutic um therapeutic activities for the seniors.

Um sorry I'm taking up a lot of questions.

Um I did notice on also the staff report that there is a Panoma California address.

Is do you live in Panoma, California?

Or do you live in Tempe?

Uh Pomona, California.

So who's gonna be looking who's managing this facility in Tempe?

And I understand you have all these qualifications, but do they have those qualifications?

Um I will be managing the facility in Tempe.

Also uh an administrator, another licensed administrator will be um hired uh for the facility.

Um same thing for for caregivers and the staff.

Understood.

And uh so do you operate any other assisted living facilities?

No, I do not.

This is our first one.

Okay.

Um I guess just my last question is um second.

Um I guess can you name a single disability or someone like a need that would be disability-related service that cannot be provided to five residents but can be provided to 10 better?

Yes.

Yes.

So um there are different uh group therapies such as music therapy, communal dining that are more effective uh with 10 residents versus five residents.

Okay.

Um I just think overall um my thoughts on the case is just that I have a hard time believing that this isn't driven out of financial concerns rather than care for the seniors.

And I would have a hard time putting my parents in a home like this, and so I am just gonna be uh candid and say I will not support this.

And so that's the end of my question.

Board recognizes uh Ron.

Thank you, Chair, vice chair, sitting chair.

Uh my question's a lot easier.

The it it's kind of unusual to see uh seven bedrooms in a property that's only 2180 square feet of the house.

Have did you buy the property like this, or does it been modified, or are you going to modify it to create the seven-bedroom scenario?

The property is uh 2241 square feet, and it's modified to be a seven-bedroom with two bath.

You and you purchased that it that way, so or did you modify it?

Uh we modified it.

Okay, thank you.

Any other questions?

Lily?

Yes.

Um, so you you said in your presentation that the garage is unconverted.

Um, and I my understanding is that you need three required parking spaces on the property.

Um there would there be plans?

You're not you don't have any plans to convert the garage in the future to liveable?

We do not have any plans on doing any garage conversion.

Okay.

And then my second question for the third parking space are do would you go through any city processes uh such as a use permit?

Would you be willing to go through that process um which includes a public hearing to have your required parking in the front yard set back for the third space?

If the board requires, we are happy to comply with getting a use permit for parking.

Thank you.

Thanks.

Any other questions?

Thank you.

Thank you.

And the city.

Hello, Vice Chair, members of the board.

My name is Robert Mansolillo.

I am a senior planner with the City of Tempe Community Development.

So just for some context here, site location.

That is in R16 zoning.

And the aerial map on the right shows the location of the house in the neighborhood.

The residence is currently four bedrooms.

It was recently listed as four bedrooms, two bathrooms, and 2241 square feet.

As we just heard, um, it has been already converted to seven bedrooms.

We do not have any building permits on record for those modifications.

So a little background on what the reasonable accommodation waiver is.

Um it was adopted in June of 2021, and it limits occupancy from 10 residents to no more than five, excluding staff.

So previously 10 were allowed, now just five are allowed.

The review is done on a case-by-case basis, and the results are determined based on individual assessments.

And the state of Arizona also limits the total number of residents to 10 through their own licensing review process.

So the original application, as we've heard, came in on June 6th, and the applicant is requesting a waiver to increase the residents from five, not including staff to 10 residents, not including live-in or uh rotating staff.

And the facility will serve elderly individuals with disabilities who require assistance with activities of daily living, including mobility support, bathing uh and medication uh supervision.

Some of the justifications here are that were presented in the original um application are in white.

Staff's responses are in green.

So for some of the justifications for increasing to 10 residents, access to residential care would be unreasonably restricted by local occupancy limits.

The city does have a 1,200 foot separation between group homes.

Other than that, any house can be used as a group home up to five residents.

And doing a quick search, mapping search within two mile radius of the site, 10 assisted living business businesses operated, either live in facilities or businesses that offered visitor home care services.

24-7 care uh caregivers.

Allowing 10 residents would increase the number of staff required uh for this business while keeping it at five.

Um staff still believes that two per day and one overnight would be sufficient.

Affordability for a six for fixed income seniors.

Our code does not take into consideration fiscal operations of a business, and the applicant is not committing to reducing rental fees for the residents to affordable housing standards, uh and the term affordability is is used in terms of how many residents are needed for the business to be profitable.

And the home will maintain its residential appearance.

The house is permitted as a four-bedroom house.

Um seven bedrooms is out of character for the neighborhood.

And here is a proposed floor plan.

This is the original proposed floor plan.

I do have a revised one later in the presentation.

There are no bedrooms designated for live-in staff or rotating staff.

And the two bedrooms for 10 residents appeared to not be ADA accessible.

And that's further apparent on the later site plan that shows floor plan and furnishings.

And the living room area does not appear to be large enough for 10 residents and staff to socialize.

On July 16th, the Tempe Zoning Administrator issued comments stating that the applicant did not provide valid justification for granting the waiver and deemed necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling.

The applicant needed to provide the necessary nexus showing that the link between the disability and the request regulate regulation waiver to increase up to 10 residents.

And restricting the number of residents does not deprive the group home of a use of the existing four-bedroom house.

And therefore the waiver is not necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling.

This house as a four-bedroom house could be used as a group home of up to five residents.

Some additional comments.

If the waiver was granted, significant changes would have to be made to the house.

Excuse me, for a sprinkler system.

And as mentioned to date, we do not have any building permits for those changes.

And based on the intensification of the bedrooms, parking would be required.

We would require three parking spaces.

Two are provided in the garage, but one would need to be in the driveway.

And if that parking space in the driveway encroached into the 20-yard 20-foot setback, front yard setback, the applicant would need a use permit.

And finally, the the applicant states that she is the owner and operator of the facility, but as been brought up, the mailing address for the property is in California.

So there does not appear to be any personal connection between the property itself, the applicant, and the group home once the group home is established.

And without an owner or permanent live-in staff, it's essentially a business in a neighborhood and is not really an integrated part of the neighborhood.

And here are some points that the applicant made, and in green is staff's response.

So maintaining proper caregiver to resident ratio.

Provide affordable access to residents on fixed incomes.

Again, Tempe does not control business operating costs, so we cannot use that as a justification.

Ensure an environment where payer interaction and social stipulations, excuse me.

This can be done and does happen with five residents in homes, as well as a standing home like dignity, avoiding institutional placement.

This again can happen at five residents.

And here are some justification reasons for the 10 residents from the applicant.

Five residents creates a de facto barrier to housing for elderly individuals with disabilities.

No justification was provided for this that shows that five residents creates a barrier to housing.

We have seen previous applications that provide five residents.

And five residents significantly increases costs, and five residents limits the ability to provide affordable care in a home environment.

Again, both of these justifications point points relate to the cost of operating a business, and we do not have control over operation costs.

And here is the revised site plan.

Again, no bedroom is designated for live-in or rotating staff.

And the two bathrooms on the right side of the floor plan appear to not meet ADA accessibility.

And again, the living room area does not appear to be large enough for 10 residents and staff.

And below is a chart of the bedrooms themselves.

Three of them will be double occupancy, shared shared occupancy rooms.

And here is a site plan, and I have this in here to show the location of the garage and the driveway for the parking spaces.

On that site plan, the parking space is shown in the driveway with a 20-foot setback line drawn.

However, the image on the right is one that I that I clipped from the Maricopa County Assessor's Office, and I did a measurement of the property line to approximately the edge of the garage, which is showing about 26 and a half feet.

So any parking in that driveway is going to have to require a use permit to allow.

And on August 8th, the zoning administrator denied the request for the reasonable accommodation waiver, again, stating that the application did not provide valid justification to approve the criteria in section 3-409D.

The admin needs to provide the necessary nexus showing the link between the disability and the requested regulation waiver.

And under both federal law and the city's ordinance, it's the applicant's burden to show the nexus between the disability and the reasonable accommodation waiver.

And just to get into the parking a little bit more, um, this is our parking standard in section 4-603 that requires a home with six or more bedrooms to require three parking spaces outside of that 20-foot setback.

And if parking falls within the 20-foot front yard setback, the use permit is required.

And here again is that image from the county assessor's office.

And getting into the approval criteria of 3-409D to grant the reasonable accommodation waiver, the zoning administrator shall find affirmatively all of the following.

Number one, that was a yes.

Uh, we found that the applicant was meeting this.

Number two, the request is reasonable and necessary to afford an individual with disability an equal opportunity to use and enjoy a dwelling.

We feel that the applicant did not provide valid justification for this.

Uh, a group home can operate without a waiver for up to five residents.

And justification for this property has been provided to show 10 residents.

Um the necessity for that justification is to cover business uh expenses, business operating expenses.

The request will be in compliance with all applicable building and fire codes.

Again, we do not have building permits to convert this from a four-bedroom house to a seven-bedroom house.

And those modifications will need to meet fire safety codes as well.

The request will allow for the maintenance and preservation of the residential character of the neighborhood and will not create a substantial detriment to neighborhood neighboring properties by creating traffic impacts, parking impacts, impacts on water or sewer systems or other similar adverse impacts.

This will change the character of the neighborhood, converting this to a seven-bedroom home and will increase traffic parking and water and sewer demands.

And while we realize that residents may not be driving, there will be visitors to the site, and that will visibly increase traffic and parking in the neighborhood.

And finally, profitability or financial hardship of the owner, server provided provider of a facility shall not be considered by the zone administrator in determining to grant the reasonable accommodation waiver.

This justification for this application was largely regarding profitability and affordability for the residents, and the tempede code does not take into account the fiscal operations of the business, and the applicant is not guaranteeing affordable rates for the 10 residents.

And I'd be happy to answer any questions.

The vice chair opens the floor to questions.

And then there was an ordinance passed in 2021.

Were those four homes grandfathered in then?

Board member McCarley.

Um, three of the four were grandfathered in.

The fourth one in their application provided justification for the waiver.

Understood.

Okay.

Any other questions?

Um, I do have a question.

So you said the one of the four was not grandfathered in.

What's the difference between that one and this application?

Yes, Vice Chair Foy.

Um, that application went into detail as far as live in medical assistance in the house.

So the applicant, the owner of the property, is going to live there and provide management and care for the facility itself.

That was a large determining factor.

And the parking, um you showed us a slide, but did you physically go out and measure the driveway and the distance and the setback?

But sir for I did not go out to measure now.

Okay.

Any other questions?

Second.

Oh, I'm sorry.

Ms.

Torres, would you like to respond?

Yeah.

Um I had some exhibits that I did forget to present earlier to the board.

Um so first I have exhibit D.

These are the recent reasonable accommodation approvals in Tempe.

Uh the most recent being on June 26, 2025.

Um, all is well assisted living.

And uh that application was approved by the city of Tempe.

Uh there was um there were two in March of 2025, both approved for reasonable accommodations.

And um the last one is September 5, 2024, which uh was also approved for the reasonable accommodations waiver.

These homes demonstrate that Tempe recently approved um reasonable accommodation requests for 10 resident assisted living facilities in residential zones, showing the city's ongoing recognition that this capacity is reasonable and consistent with the fair housing standards.

Exhibit F is the affordability and sustainability statement.

The fixed cost of um the fixed cost and staffing make it unsustainable and nearly impossible to run safely with only five residents.

Um this uh exhibit it shows the category and the the monthly costs of um of uh needed to run uh the sustainable uh assisted living facility and um monthly costs uh totals about twenty-seven thousand six hundred dollars.

So if we've we spread this um among five residents, um the cost resident is the cost per resident is significantly higher, and the needed rate um for seniors would would of course also be um significantly higher.

Um this is not sustainable and it is unaffordable for uh senior residents, especially those on fixed incomes.

Um for 10 residents, the cost per resident is um more affordable, and the needed rate would uh also be lower, and um this is more sustainable and it allows safe staffing and affordable care.

A five-person limit makes safe dementia care financially impossible for elderly disabled residents.

Well, 10 residents would allow us to provide quality care and stay affordable, fully staffed and consistent with fair housing standards.

Um this is a picture of the home taken from Google Maps uh in 2023.

So you can see there um two cars are parked.

The car, uh the blue car that's parked, uh there's more leeway to the front of it, um closer to the to the garage door.

So we believe that uh that is enough space for to accommodate a third parking.

This is uh just another view um from Google Maps.

Um that is all thank you.

Any questions from the board.

Okay, thank you.

Thank you, Vice Chair.

So I think staff did a really good job of articulating how this did or did not meet the um the waiver requests.

And I don't think there's any question that uh the first one had been had been uh met, the reasonable accommodation, but the other ones certainly fell short.

Um again, the parking issue is not something that can't be overcome, so it's sort of a side issue, but yet it's still a regulatory issue that would need to be resolved.

It does bother me, uh, as I mentioned earlier that uh the property was modified.

Um it bothers me a little bit that the property was bought um prior to any of the um applications being done.

Uh that seems like there should have been a little bit more due diligence on that.

Uh the floor plan that shows that was shown, some of those uh bedrooms seem pretty darn small.

Uh I mean eight by ten is not a not a very livable kind of condition uh from my perspective.

The other thing that bothers me also is uh the pool.

Um, I know there's a lot of safety measures that can be done to make pools safe, but having 10 people there uh with the various types of ailments and disabilities, um, dementia, et cetera, that's that's a very concerning issue for me as well.

I guess the bottom line here is uh well one more thing.

Um, I appreciate that the the uh cost ratio information was provided to us uh just recently that bothers me that it wasn't included uh initially.

That could have been uh could have been a lot, uh a lot more information available to the zoning administrator.

It was not and based on that I'm not gonna be able to support this uh request either.

Thank you.

Thank you, Ron.

Uh any other comments.

Any motions the railway right?

Do you want to make the motion?

I'll second um I'll make a motion.

I'll make the motion uh for the risk request for an appeal to of denial of a reasonable accommodation waiver to exceed the maximum number of residents at the Evergang Green Place Senior Facilities facility not be approved, thereby ratifying the zoning administrator's decision.

I second all those in favor say aye.

Aye.

Aye.

Aye.

Aye.

Aye.

By unanimous decision, um, we are designed the uh the uh appeal for the property owner.

And I motion to close the meeting.

Second okay.

Motion to reopen the meeting.

Just wanted to remind you we do have a meeting coming up in November, and you should have received the agenda for that just one out today.

And please let Jennifer know if you have any conflicts for that meeting.

Thank you.

The meeting is closed.