Minutes - Planning Commission - 10/05/2006

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Commissioner Brauer questioned if the Commission will be saying in effect that there will not be any daycares centers allowed in the Employment District. If the Commission is going to allow daycare centers in the Employment District they should be certain about the criteria in order to allow this use. He indicated the crowded highway should not be a reason to deny the daycare center, as there are daycare centers on crowded highways in other locations in the City. Chairperson Nixt inquired about the duration of the permit. Management Intern Gladhill replied the time period for the permit is five years. Motion by Commissioner Hunt, seconded by Commissioner Brauer, to recommend City Council adoption of findings of fact in favor of the applicant's request for an Interim Use Permit to allow for a daycare facility. Further discussion: Chairperson Nixt noted the need to be specific in the findings as to why the daycare would be allowed in this location. He noted finding no. 3 states "That Section 9.03.06(1) (Interim Use Permits) of the Ramsey City Code allows for interim uses to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided by the comprehensive guide and to allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future." He indicated there are plenty of places in the City that are appropriate for a daycare facility, where an Interim Use Permit or a Conditional Use Permit would not be required. Commissioner Brauer stated he does not think the argument is about the location itself. He would agree with the argument that the use would not be acceptable if there is other development in the area. Chairperson Nixt noted the argument becomes whether the Commission agrees with approving the daycare regardless of what may happen in the area. Commissioner Cleveland stated the emission of pollution and noise from the trucks are unacceptable for children, and can be handled better by adults. She does not ever in the future see this location as appropriate for a daycare. Motion failed. Voting Yes: Commissioner Hunt. Voting No: Chairperson Nixt, Commissioners Brauer, Cleveland, Trites Rolle, and VanScoy. Absent: Commissioner Levine. Motion by Chairperson Nixt, seconded by Commissioner Brauer, to recommend that City Council adopt Findings of Fact to support denial of the applicant's request for an Interim Use Permit to operate a daycare facility on the ground floor of the existing property at 6575 141 st Ave Further discussion: Commissioner Brauer stressed the importance of finding no. 3, and that anything after that is superfluous. The wills/will nots in finding nos. 8 through 17 do not seem to be relative. The Commission determined the following in relation to the findings: 8) will; 9) will not; 10) will; 11) will not; 12) will not/will not; 13) will not; 14) will not; 15) will; 16) will not; 17) will not. Chairperson Nixt stressed the importance of finding nos. 3 and 17. He suggested a separate finding that the proposed use will not be in accordance with the intent of the Interim Use Permit ordinance adopted by the City. He noted finding no. 17 could be modified to incorporate part of finding no. 3 as a separate finding. Motion carried. V oting Yes: Chairperson Nixt, Commissioners Brauer, Cleveland, Trites Rolle, and Van Scoy. Voting No: Commissioner Hunt. Absent: Commissioner Levine. Planning Commission/October 5, 2006 Page 9 of 20