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CASE # 2. <br /> <br />REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP FOSTER CARE <br /> ~ HOME; CASE OF PATRICK MC LAFFERTY <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />Patrick McLaff~.rty of 7321 154th Lane N.W. has applied for a group foster care home to <br />accommodate a maximum of eight (8) youth.. <br /> <br />Observations: <br /> <br />City Staff has njet with City Attorney Goodrich concerning this subject and its relationship to <br />MS462.357, SuBdivisions 7 and 8. It is Mr. Goodrich's opinion that a State licensed residential <br />facility serving ~?rom 7 to 16 persons is not exempted from the local R-1 Residential zoning <br />regulations. In o~'der to so be exempted, such a facility would need to be lOCated in a multi-family <br />use district such ~ts Ramsey's R-3 Residential zone. A State licensed residential facility serving 6 <br />or fewer persom[ would be exempted from the City's R-1 zoning regulations. It is further Mr. <br />Goodrich's opinibn that to locate a multi-family use or facility serving 7 to 16 persons in an R-1 <br />zoning district inleffect rezones that property to multi-family, which then becomes a matter of spot <br />zoning, which is iinappropriate. It is Mr. Goodrich's advice that the present ~/pplication be denied <br />because it is a m~lti-family use in the City's R-1 zone and it does not have a State law exemption <br />per either Subdi~sion 7 or 8 of MS462.357. <br /> <br />The following ite.tns are enclosed: <br /> <br />a) <br />b) <br /> <br />Site lOCation map <br />Ctpy of MS462.357, Subdivisions 7 and 8 <br /> <br />Recommendation: <br /> <br />City Staff recommends rejection of the conditional use permit application. <br /> <br /> Commission Action: <br /> <br />Motion: <br />That based upon the City Attorney's opinion that to grant a conditional use pemnit in this <br />situation ~ould in effect rezone the subject property and because this is not a rezoning <br />application, the City rejects Mr. McLaffeny's conditional use permit application and will <br />not act u~on it and hereby directs the City's Finance Officer to refund the applicant's <br />applicafiofi fee and escrow. <br /> <br />Review Checklist:', <br /> <br />PC: <br /> <br />City Engineer <br />City Attorney <br /> <br />3/7/95 <br /> <br />7 <br /> <br /> <br />