Agenda - Council - 05/28/1996 - Laserfiche WebLink

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I I I I I i I I I I I I I I I I I I CASE REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP FOSTER CARE HOME; CASE OF PATRICK MC LAFFERTY By: Zoning Administrator Sylvia Frolik Background: Mr. McLaffcrty of 7321 154th Lane N.W. was operating a foster care home for six youth and desired tO increase the nnmber of youth allowed at his facil/ty to 8. Local ordinances do not specifically address the issue of licensed residential facilities, but the City is required to follow thc State Statute: licensed facilities for 6 or fewer persons are considered a permitted usc in single family residential districts and facilities serving more than 6 are considered a~' permitted use in higher density housing diswicts. Based upon that, Mr. McI.afferty Was directed to apply for a conditional use permit to increase the intensity of his existing fostOr home facility. In February of 1995, Patrick McLafferty of 7321 154th Lane N.W., applied for the conditional ase permit. Upon the recommendation of the Planning Commission, the City Council deniixt the permit. Mr. McLafferty filed a suit against the City and the courts have ruled that tho City should conduct another hearing and reconsider the request. The basis for this consideration should be whether or not a conditional use permit should be issued for the two additional youth at the home. Notification: State statute requires notification of the public hearing to all property owners within 350 feet of the subject property. Staff notified all property owners within 600 feet of the subject property. Observations: The type of home Mr. Mc Lafferty operates is licensed through the Minnesota Department of Corrections because the children assigned to him are a result of a court disposition; and Anoka County Health and Environmental Services, as the site must meet certain standards for health and safety reasons; and Volunteers of America, as his sponsoring agency. Under Minnesota Rules, the facility is referred to as a 'mom and pop shop', which is defined as a ~Oup foster home where the resident adult parents are the persons responsible for the youth tn the home versus an institutional group home where the children are cared for around be clock, by non-resident staffing. Once the foster home is licensed, it is monitored and inspected regularly by the State, the licensing County and the sponsoring agency. Mr. McLafferty's sponsoring agency is Volunteers of America. The sponsoring or supervising agency contracts with the correctional departments to provide the foster homes, assists foster parents in their licensing applications, administers the operations of the foster home after itsl licensure, and coordinates for the various needs of the youth beyond the shelter such as counseling, etc. The youth are assigned to Mr. McLafferty's care as a result of a court disposition determining that the child does not need a more restrictive environment than the foster home. The majority of the children are considered juvenile delinquents but the court has made a determination that at this point in time, they are not perceived to be a risk to the public safety. Mr. McLafferty has a history of being able to work with some of the more difficult youth and he often times gets the more challengSng cases.