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7 <br /> 52 the attorney's attention,and further explained that the goal of a variance is to address the needs of people with <br /> 53 recognized disabilities. <br /> 54 <br /> 55 Hunter Spitzer questioned whether it was for a person involved in the immediate need for the variance. <br /> 56 <br /> 57 Michael Harvey replied, yes. <br /> 58 <br /> 59 Hunter Spitzer asked whether that was spelled out. <br /> 60 <br /> 61 Michael Harvey referred to the section which provided the procedures for making requests. <br /> 62 <br /> 63 Lydia Wegman questioned whether there was an actual definition under federal law for disabled or handicap. <br /> 64 <br /> 65 Michael Harvey replied, yes, and stated it could be found in the Americans with Disabilities Act. <br /> 66 <br /> 67 Kim Piracci asked whether it included temporary handicaps. <br /> 68 <br /> 69 Michael Harvey explained that it was for people with permanent disabilities requiring alterations ensuring that they <br /> 70 are not denied fair reasonable and equitable access. <br /> 71 <br /> 72 Lydia Wegman asked for clarification regarding the language and location of Section B's request for reasonable <br /> 73 accommodations. <br /> 74 <br /> 75 Michael Harvey advised that he would consult James,the County Attorney, regarding the language. <br /> 76 <br /> 77 Lydia Wegman sought clarification on the term group home and asked if it was perfectly healthy people, going out, <br /> 78 working, living together,with up to 15 in a home. <br /> 79 <br /> 80 Michael Harvey responded, yes, and clarified that it needed a Special Use Permit. <br /> 81 <br /> 82 Craig Benedict asked if Mr. Harvey was using the criteria for Class B standards. <br /> 83 <br /> 84 Michael Harvey stated,yes. He mentioned that a notable exception with a group care facility is the requirement of a <br /> 85 state license. He explained that both health and personal care facilities, formerly known as rehabilitative care <br /> 86 facilities, required 16 or more people but had no state licensing requirement. They are allowed in commercial <br /> 87 districts not residential districts. <br /> 88 <br /> 89 Lydia Wegman inquired whether there was a need for a state license. <br /> 90 <br /> 91 Michael Harvey stated, no. He urged the committee to remember that health and personal care facilities include <br /> 92 what we classify as assisted living facilities, nursing facilities, and congregate care which must house the required 16 <br /> 93 or more people. <br /> 94 <br /> 95 Lydia Wegman questioned the possible need for state licensing for other possible reasons. <br /> 96 <br /> 97 Michael Harvey stated she was correct but noted that zoning decisions are not based on the presence, existence, or <br /> 98 issuance of that license. <br /> 99 <br /> 100 Hunter Spitzer asked whether a group home was defined as up to 15 people. <br /> 101 <br /> 102 Michael Harvey replied 7-15 people. <br />