Agenda - Planning Commission - 05/07/1996

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CASE # ~R~QUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP ~FOSTER CARE HOME; CASE OF PATRICK MC LAFFERTY By: Zoning Administrator Sylvia Frolik Background: Mr. McLafferty of 7321 154th Lane N.W. was operating a foster care home for six youth and desired to increase the number of youth allowed at his facility to 8. Local ordinances do not specifically address the issue of licensed residential facilities, but the City is required to follow the State Statute: lieensed facilities for 6 or fewer persons are considered a permitted use in single family residenfia~ districts and facilities serving more than 6 are considered a permitted use in higher density h6using disu-icts. Based upon that, Mr. McLafferty was directed to apply for a conditional use p~rmit to increase the intensity of his existing foster home facility. In February of 1~95, Patrick McLafferty of 7321 154th Lane N.W., applied for the conditional use permit. Upon ~e recommendation of the Planning Commission, the City Council denied the permit. Mr. McI~afferty filed a suit against the City and the courts have ruled that the City should conduct another hearing and reconsider the request. The basis for this consideration should be whether or not a ~aonditonal use permit should be issued for the two additional youth at the home. Observations: The type of hon~e 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 arl~d Environmental Services, as the site must meet certain standards for health and safety reasons; a~d Volunteers of America, as h!s sponsoring agency. Under Minnesota Rules, the facility is referred to as a 'mom and pop shop, which is defined as a group foster home where the resident adultt parents are the persons responsible for the youth in the home versus an institutional group home where the children are cared for by around the clock, non-resident staffing. Once th~ foster home is licensed, it is monitored and inspected regularly by the State, the County and the sl,~onsoring 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 its licensure, and c,0ordinates for the various needs of the youth beyond the shelter such as counseling, etc. ~ These boys are assigned to Mr. McLafferty's care as a result of a court disposition detern~_ining that the child does not need a more restrictive environment than the foster home. The majo~ty of the children are considered juvenile delinquents but the court has made a determination that at this point in time,they are not pemeived to be a risk to the public safety. Mr. McLafferty has ahistory of being able to work with some of the more difficult youth and he often times gets the mo/e challenging cases. In discussions with staff at the Mn Department of Corrections, Staff was informed that the incidence of prot~lems in the community in which these types of foster homes are located is minimal because 'ff the child is intending to misbehave or get into trouble, their first inclination is to get as far away from the foster home as possible. In preparing research for the 1995 McLafferty case, City Staff c~ntacted some of the other communities that have foster homes licensed by the Mn Department of Corrections. Generally, the cities claimed that the foster group homes were not presenting any m~ior nuisance problems. Ramsey police records indicate that there have been 22 incident calls to ~e McLafferty home from January, 1995 to January, 1996 (5 domestics, 2 assaults, 4 damage to property, 5 runaway, 2 false alarm, 1 dog, 1 outdoor fire, 1 illness, and 1 offender registration.