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CASE # I <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 />Background: <br /> <br />Patrick McLaff~rty of 7321 154th Lane N.W. has applied for a group foster care home to <br />accommodate a fi~aximum of eight (8) youth. <br /> <br />Observations: <br /> <br /> As reported to the Planning Commission at their meeting in March, City Staff has met with City <br /> Attorney GoodriCh concerning this subject and its relationship to MS462.357, Subdivisions 7 and <br /> 8. It is Mr. Go~drich's opinion that a State licensed residential facility serving from 7 to 16 <br /> persons is not eitempted from the local R-1 Residential zoning regulations. In order to be so <br /> exempted, such ~facility would need to be located in a multi-family use district such as Ramsey's <br /> R-3 Residentialgone. A State licensed residential facility serving 6 or fewer persons would be <br />· exempted from/[he City's R-1 zoning regulations. It is further Mr. Goodrich's opinion that to <br /> locate a multi-fdmily use or facility serving 7 to 16 persons in an R-1 zoning district in effect <br /> rezones that prc~eny to multi-family, which then becomes a matter of spot zoning, which is <br /> inappropriate. It~ was Mr. Goodrich's advice that the present application be denied because it is a <br /> multi-family usq in the City's R-1 zone and it does not have a State law exemption per either <br /> Subdivision 7 ori8 of MS462.357. <br /> <br />However, when the March Planning Commission meeting was called to order, Mr. McLafferty <br />expressed a desire to open the public hearing despite Mr. Goodrich's advice to reject the <br />application. Th~,Planning Commission did conduct a public hearing and it was continued to the- <br />April meeting. It is Mr. Goodrich's advice that because the public hearing was conducted, it in <br />effect initiated th{~ conditional use permit process. Based on that, Mr. Goodrich is advising that the <br />Planning CommiSsion continue to consider this matter from a zoning perspective, adopt findings of ' <br />fact and make th0ir recommendation to City Council. <br /> <br />The following iteins are enclosed: <br /> <br /> a) Siie location map <br /> b) C~py of MS462.357,.Subdivisions 7 and 8 <br /> c) Prbposed findings of fact <br /> <br />Recommendation: <br /> <br />City Staff recommends adoption of findings of fact and a recommendation of denial. <br /> Commission Action: <br /> <br /> Motion to:' <br /> Recomm{ind that City Council adopt Resolution g05-04- adopting Findings of Fact <br /> g. . relating to Patrick McLafferty's request for a conditional use permit for a group foster <br /> home to a~cornmodate 8 youth in a single family residential district.- <br /> <br />.Motion to:i <br />Recommegd that City Council approve/deny Patrick McLafferty's request for a conditionhl <br />use permil based on Findings of Fact # <br /> <br />Review Checklist: City Administrator <br /> City Engineer <br /> City Attorney <br /> <br />PC: 4/4/95 <br /> <br /> <br />