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